Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1125

 

STATE OF MINNESOTA

 

 

NINETIETH SESSION - 2017

 

_____________________

 

TWENTY-SEVENTH DAY

 

Saint Paul, Minnesota, Thursday, March 9, 2017

 

 

      The House of Representatives convened at 10:00 a.m. and was called to order by Kurt Daudt, Speaker of the House.

 

      Prayer was offered by Rabbi Gail Nord, Director of Spiritual Care, Interlude Restorative Suites, Fridley, Minnesota.

 

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

 

      The roll was called and the following members were present:

 


Albright

Allen

Anderson, P.

Anderson, S.

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

Howe

Jessup

Johnson, B.

Johnson, C.

Johnson, S.

Jurgens

Kiel

Knoblach

Koegel

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Marquart

Masin

Maye Quade

McDonald

Metsa

Miller

Moran

Murphy, E.

Murphy, M.

Nash

Nelson

Neu

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

Swedzinski

Theis

Torkelson

Urdahl

Vogel

Wagenius

West

Whelan

Youakim

Zerwas

Spk. Daudt


 

      A quorum was present.

 

      Anselmo, Applebaum, Koznick, Mariani, Sundin, Thissen, Uglem, Ward 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 - 27th Day - Thursday, March 9, 2017 - Top of Page 1126

PETITIONS AND COMMUNICATIONS

 

 

      The following communications were received:

 

 

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

 

March 7, 2017

 

The Honorable Kurt Daudt

Speaker of the House of Representatives

The State of Minnesota

 

Dear Speaker Daudt:

 

      Please be advised that I have received, approved, signed, and deposited in the Office of the Secretary of State the following House File:

 

      H. F. No. 30, relating to liquor; permitting the off-sale of intoxicating liquor on Sundays; prohibiting certain deliveries on Sunday.

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Mark Dayton

                                                                                                                                Governor

 

 

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

 

The Honorable Kurt L. Daudt

Speaker of the House of Representatives

 

The Honorable Michelle L. Fischbach

President of the Senate

 

      I have the honor to inform you that the following enrolled Act of the 2017 Session of the State Legislature has been received from the Office of the Governor and is deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

 

 

S. F.

No.

 

H. F.

No.

 

Session Laws

Chapter No.

Time and

Date Approved

2017

 

Date Filed

2017

 

                                 30                          6                                            2:31 p.m.  March 7                               March 8

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Steve Simon

                                                                                                                                Secretary of State


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1127

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

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

 

H. F. No. 5, A bill for an act relating to insurance; health; regulating certain data practices of the premium subsidy program; creating a state-operated reinsurance program; appropriating money; amending Minnesota Statutes 2016, sections 62E.10, subdivision 2; 62E.11, subdivisions 5, 6; 297I.05, subdivisions 5, 13; Laws 2017, chapter 2, article 1, section 2, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 62E; repealing Laws 2013, chapter 9, section 15.

 

Reported the same back with the following amendments:

 

Page 2, line 13, delete the new language

 

Page 2, line 14, delete "; or (2) the Minnesota premium security plan, as defined in" and insert a period

 

Page 2, delete line 15

 

Page 2, lines 19 to 22, delete the new language

 

Page 2, lines 32 and 33, delete the new language

 

Page 3, line 7, delete the new language

 

Page 13, line 6, after the semicolon, insert "and"

 

Page 13, line 7, delete "; and" and insert a period

 

Page 13, delete line 8

 

 

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. 179, A bill for an act relating to public safety; amending ignition interlock performance standards; prohibiting use of devices enabled with location tracking capabilities; amending rulemaking authority; amending Minnesota Statutes 2016, section 171.306, subdivisions 1, 2, 3, 8.

 

Reported the same back with the following amendments:

 

Page 3, line 20, after "that" insert ", except for rules adopted under section 14.388,"

 

Page 3, line 22, after "enactment" insert "and applies for rules proposed on or after that date"

 

 

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

 

      The report was adopted.


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1128

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

 

H. F. No. 347, A bill for an act relating to motor vehicles; regulating transfers of manufactured homes when ownership is at issue; proposing coding for new law in Minnesota Statutes, chapter 168A.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2016, section 168A.141, is amended to read:

 

168A.141 MANUFACTURED HOME AFFIXED TO REAL PROPERTY.

 

Subdivision 1.  Certificates surrendered for cancellation.  (a) When a manufactured home is to be affixed or is affixed, as defined in section 273.125, subdivision 8, paragraph (b), to real property, and financed by the giving of a mortgage on the real property, the owner of the manufactured home shall may surrender the manufacturer's certificate of origin or certificate of title to the department for cancellation.  The owner of so that the manufactured home shall give the department the address and legal description of the becomes an improvement to real property.  The department may require the filing of other information and is no longer titled as personal property.  The department must not issue a certificate of title for a manufactured home under chapter 168A if the manufacturer's certificate of origin is or has been surrendered under this subdivision, except as provided in section 168A.142.  Upon surrender of the manufacturer's certificate of origin or the certificate of title, the department shall issue notice of surrender to the owner, and upon recording an affidavit of affixation, which the county recorder or registrar of titles, as applicable, shall accept, the manufactured home is deemed to be an improvement to real property.  The notice of surrender may be recorded in the office of the county recorder or with the registrar of titles if the land is registered but need not contain an acknowledgment.  An affidavit of affixation by the owner of the manufactured home must include the following information:

 

(1) the name, residence address, and mailing address of owner or owners of the manufactured home;

 

(2) the legal description of the real property in which the manufactured home is, or will be, located;

 

(3) a copy of the surrendered manufacturer's certificate of origin or certificate of title and the notice of surrender;

 

(4) a written statement from the county auditor or county treasurer of the county where the manufactured home is located stating that all property taxes payable in the current year, as provided under section 273.125, subdivision 8, paragraph (b), have been paid, or are not applicable;

 

(5) the name and address of the person designated by the applicant to record the original affidavit of affixation with the county recorder or registrar of titles for the county where the real property is located;

 

(6) the signature of the person who executes the affidavit, properly executed before a person authorized to authenticate an affidavit in this state;

 

(7) the person designated in clause (5), shall record, or arrange for the recording of, the affidavit of affixation, accompanied by the fees for recording and for issuing a certified copy of the notice, including all attachments, showing the recording date; and

 

(8) upon obtaining the certified copy of the notice under clause (7), the person designated in the affidavit shall deliver the certified copy to the county auditor of the county in which the real property to which the manufactured home was affixed is located.


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1129

(b) The department is not liable for any errors, omissions, misstatements, or other deficiencies or inaccuracies in documents presented to the department under this section, if the documents presented appear to satisfy the requirements of this section.  The department has no obligation to investigate the accuracy of statements contained in the documents.

 

Subd. 1a.  Affidavit form.  The affidavit referred to in subdivision 1 shall be in substantially the following form and shall contain the following information.

 

MANUFACTURED HOME AFFIDAVIT OF AFFIXATION

 

PURSUANT TO MINNESOTA STATUTES, SECTION 168A.141

 

Homeowner, being duly sworn, on his or her oath, states as follows:

 

1.  Homeowner owns the manufactured home ("home") described as follows:

…………………………………………………………………………………………………………………………

 

 

New/Used

 

Year

Manufacturer's Name

Model Name or Model No. 

Manufacturer's Serial No. 

 

Length/Width

 

2.  A copy of the surrendered manufacturer's certificate of origin or certificate of title is attached hereto.

 

3.  A copy of the notice of surrender issued from the Minnesota Department of Public Safety Driver and Vehicle Services is attached hereto.

 

4.  The home is or will be located at the following "Property Address":

…………………………………………………………………………………………………………………………

 

Street or Route ……..…

City ……………

County ……...…

State …………………

Zip Code …………….

 

5.  The legal description of the property address ("land") is as follows or as attached hereto:

………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

 

6.  The homeowner is the owner of the land.

 

7.  The home is, or shall be promptly upon delivery, anchored to the land by attachment to a permanent foundation and connected to appropriate residential utilities (e.g., water, gas, electricity, sewer).

 

8.  The homeowner intends that the home be an immovable permanent improvement to the land, free of any personal property security interest.

 

9.  A copy of the written statement from the county auditor or county treasurer of the county in which the manufactured home is then located, stating that all property taxes payable in the current year (pursuant to Minnesota Statutes, section 273.125, subdivision 8, paragraph (b)), have been paid, or are not applicable, is attached hereto.

 

10.  The home shall be assessed and taxed as an improvement to the land.

 

11.  The name and address of the person designated by the homeowner to record the original affidavit of surrender with the county recorder or registrar of titles of the county in which the real estate is located is:


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1130

Name ……………………………………………………………………….

 

Street Address ……………………………………………………………...

 

City, State, Zip Code ……………………………………………………….

 

Phone ……………………………………………………………………….

 

E-mail ………………………………………………………………………

 

 

IN WITNESS WHEREOF, homeowner(s) have executed this affidavit on this ....... day of ......., 20...

………………………………………………………….

………………………………………………………….

Homeowner Signature

Address

………………………………………………………….

………………………………………………………….

Printed Name

City, State

………………………………………………………….

 

Homeowner Signature (if applicable)

 

………………………………………………………….

 

Printed Name

 

 

This instrument was drafted by, and when recorded return to:

 

………………………………………………………...

 

………………………………………………………...

 

………………………………………………………...

 

 

Subscribed and sworn to before me this .......day of ......., .......

 

......................................................................

 

Signature of Notary Public or Other Official

 

 

Notary Stamp or Seal

 

(optional)

 

Lender's Statement of Intent:

 

The undersigned ("lender") intends that the home be immovable and a permanent improvement to the land free of any personal property security interest.

 

………………………………………………………….

 

Lender

 

By: …………………………………………….……….

 

Authorized Signature

 

STATE OF ) …………………………………………...

 

……………………….………………………….) ss:

 

COUNTY OF ) ………………………………………...

 

 

On the ....... day of ....... in the year ....... before me, the undersigned, a Notary Public in and for said state, personally appeared

…………………………………………………………………………………………………………………………...

 

personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person on behalf of which the individual(s) acted, executed the instrument.


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1131

……………………………………………….…………

 

Notary Signature

 

………………………………………………………….

 

Notary Printed Name

 

Notary Public, State of ………………………………...

 

Qualified in the County of ……………………........…..

 

My commission expires ……………………………….

 

 

Official seal:

 

Subd. 2.  Perfected security interest avoids cancellation prevents surrender.  The department may not cancel a certificate of title if, under this chapter a security interest has been perfected on the manufactured home.  If a security interest has been perfected, the department shall notify the owner and that each secured party that the must release or satisfy the security interest prior to proceeding with surrender of the manufacturer's certificate of origin or certificate of title and a description of the security interest have been surrendered to the department and that the department will not cancel the certificate of title until the security interest is satisfied for cancellation.  Permanent attachment to real property or the recording of an affidavit of affixation does not extinguish an otherwise valid security interest in or tax lien on the manufactured home, unless the requirements of section 168A.141 subdivisions 1, 1a, and 2, including the release of any security interest, have been satisfied.

 

Subd. 3.  Notice of security interest avoids surrender.  The manufacturer's certificate of origin or the certificate of title need not be surrendered to the department under subdivision 1 When a perfected security interest exists, or will exist, on the manufactured home at the time the manufactured home is affixed to real property, if and the owner has not satisfied the requirements of section 168A.141 subdivision 1, the owner of the manufactured home files, or its secured party, may record a notice with the county recorder, or with the registrar of titles, if the land is registered, stating that the manufactured home located on the property is encumbered by a perfected security interest and is not an improvement to real property.  The notice must state the name and address of the secured party as set forth on the certificate of title, the legal description of the real property, and the name and address of the record fee owner of the real property on which the manufactured home is affixed.  When the security interest is released or satisfied, the secured party shall attach a copy of the release or satisfaction to a notice executed by the secured party containing the county recorder or registrar of titles document number of the notice of security interest.  The notice of release or satisfaction must be filed recorded with the county recorder, or registrar of titles, if the land is registered.  Neither the notice described in this subdivision nor the security interest on the certificate of title is deemed to be an encumbrance on the real property.  The notices provided for in this subdivision need not be acknowledged.

 

Sec. 2.  Minnesota Statutes 2016, section 168A.142, is amended to read:

 

168A.142 MANUFACTURED HOME UNAFFIXED FROM REALTY.

 

Subdivision 1.  Certificate of title requirements.  The department shall issue an initial certificate of title or reissue a previously surrendered certificate of title for a manufactured home to an applicant if:

 

(1) for the purpose of affixing the manufactured home to real property, the owner of the manufactured home, or a previous owner, surrendered the manufacturer's certificate of origin or certificate of title to the department as provided in section 168A.141, subdivision 1 or 2;

 

(2) the applicant provides the written proof evidence specified in subdivision 2 that the applicant owns (i) the manufactured home and (ii) the real property to which the manufactured home was affixed as provided under section 273.125, subdivision 8, paragraph (b);


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1132

(3) the applicant provides proof that no liens exist on the manufactured home, including liens on the real property to which it is affixed; and

 

(4) (3) the owner of the manufactured home meets fulfills the applicable application requirements of section 168A.04,; and

 

(4) the application is accompanied by a written statement from the county auditor or county treasurer of the county in which the manufactured home is then located and affixed, stating that all property taxes payable in the current year, as provided under section 273.125, subdivision 8, paragraph (b), have been paid.

 

Subd. 2.  Proof Evidence of eligibility for reissuance.  (a) The proof evidence required under subdivision 1, clauses clause (2) and (3), is as follows:

 

(1) an affidavit of severance recorded in the office of the county recorder or registrar of titles, which they shall accept, and whichever applies to the real property, of the county in which where the affidavit of affixation or notice of surrender was recorded under as required in section 168A.141, subdivision 1, and the affidavit of severance contains:

 

(i) the name, residence address, and mailing address of the owner or owners of the manufactured home;

 

(ii) a description of the manufactured home being severed, including the name of the manufacturer; the make, model number, model year, and dimensions, and if available, the make, model year, and manufacturer's serial number of the manufactured home; and whether the manufactured home is new or used, and such information as may be available from the previously recorded affidavit of affixation or notice of surrender as required in section 168A.141, subdivision 1; and

 

(iii) a statement of any facts or information known to the person executing the affidavit that could affect the validity of the title of the manufactured home or, the existence or nonexistence of a security interest in the manufactured home or a lien on it, or, and a statement that no such facts or information are known to the person executing the affidavit;

 

(2) as an attachment to the affidavit of severance, an opinion by an attorney admitted to practice law in this state, stating:

 

(i) the nature of the examination of title performed prior to giving this opinion by the person signing the opinion;

 

(ii) that the manufactured home and the real property on which it is located is not subject to, or pending completion of a refinance, purchase, or sale transaction, and will not be subject to any recorded mortgages, security interests, liens, or other encumbrances of any kind;

 

(iii) that the person signing the opinion knows of no facts or circumstances that could affect the validity of the title of the manufactured home or the existence or nonexistence of any recorded mortgages, security interests, or other encumbrances of any kind, other than property taxes payable in the year the affidavit is signed;

 

(iv) the person or persons owning record title to the real property to which the manufactured home has been affixed and the nature and extent of the title owned by each of these persons; and

 

(v) that the person signing the opinion has reviewed all provisions of the affidavit of severance and certifies that they are correct and complete to the best of the knowledge of the person signing the opinion;


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1133

(3) the name and address of the person or, persons designated by the applicant to file a certified copy of the original affidavit of severance with the county auditor of the county in which the real estate is located, after the affidavit has been properly recorded in the office of the county recorder or county registrar of titles, whichever applies to the real property; and

 

(4) the signature of the person who executes the affidavit, properly executed before a person authorized to authenticate an affidavit in this state.

 

(b) The person designated in paragraph (a), clause (3), shall record, or arrange for the recording of, the affidavit of severance as referenced in that item, accompanied by the fees for recording and for issuing a certified copy of the affidavit, including all attachments, showing the recording date.

 

(c) Upon obtaining the certified copy under paragraph (b), the person designated in the affidavit shall deliver the certified copy to the county auditor of the county in which the real estate to which it was affixed is located.

 

(d) The department is not liable for any errors, omissions, misstatements, or other deficiencies or inaccuracies in documents presented to the department under this section, so long as the documents presented appear to satisfy the requirements of this section.  The department has no obligation to investigate the accuracy of statements contained in the documents.

 

Subd. 3.  Affidavit form.  The affidavit referred to in subdivision 2 shall be in substantially the following form and shall contain the following information.

 

MANUFACTURED HOME AFFIDAVIT OF SEVERANCE

 

PURSUANT TO MINNESOTA STATUTES, SECTION 168A.142

 

Homeowner, being duly sworn, on his or her oath, states as follows:

 

1.  Homeowner owns the manufactured home ("home") described as follows:

…………………………………………………………………………………………………………………………

 

 

New/Used

 

Year

Manufacturer's Name

Model Name or Model No. 

Manufacturer's Serial No. 

 

Length/Width

 

2.  A copy of the previously surrendered manufacturer's certificate of origin or certificate of title is attached hereto (if available).

 

3.  A copy of the notice of surrender issued from the Minnesota Department of Public Safety Driver and Vehicle Services is attached hereto (if available).

 

4.  The home is or will be located at the following "Property Address":

…………………………………………………………………………………………………………………………

 

Street or Route ………..

City …………….

County ………...

State ………………..

Zip Code …………….

 

5.  The legal description of the property address ("land") is as follows or as attached hereto:

……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..……….


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1134

6.  The homeowner does not know of any facts or information that could affect the validity of title of the manufactured home, except:

……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

 

7.  The homeowner does not know of any such security interest in the manufactured home which has not been satisfied or released.

 

8.  A copy of an opinion by an attorney admitted to practice law in Minnesota is attached, which provides for the required title evidence as set forth in Minnesota Statutes, section 168A.142 subdivision (2), clause (2), items (i) to (v).

 

9.  A copy of the written statement from the county auditor or county treasurer of the county in which the manufactured home is then located, stating that all property taxes payable in the current year (pursuant to Minnesota Statutes, section 273.125, subdivision 8, paragraph (b)), have been paid, or are not applicable, is attached hereto.

 

10.  The name and address of the person designated by the homeowner to record the original affidavit of surrender with the county recorder or registrar of titles of the county in which the real estate is located is:

 

Name …………………………………………………..

 

Street Address …………………………………………

 

City, State, Zip Code …………………………………..

 

Phone …………………………………………………..

 

E-mail ………………………………………………….

 

 

IN WITNESS WHEREOF, homeowner(s) have executed this affidavit on this ....... day of ......., 20...

…………………………………………………………......……………………………………………………….....

Homeowner Signature

Address

………………………………………………………….

………………………………………………………….

Printed Name

City, State

………………………………………………………….

 

Homeowner Signature (if applicable)

 

………………………………………………………….

 

Printed Name

 

 

This instrument was drafted by, and when recorded return to:

………………………………………………………….

 

………………………………………………………….

 

 

Subscribed and sworn to before me this .......day of ......., .......

.........................................................................................

Signature of Notary Public or Other Official

 

Notary Stamp or Seal

 

Sec. 3.  [168A.143] MANUFACTURED HOMES; OWNERSHIP AT ISSUE.

 

Subdivision 1.  Requirements for certificate issuance or reissuance.  When an applicant is unable to obtain from or locate previous owners no longer holding an interest in the manufactured home based on a certificate of title, or to locate, obtain, or produce the original certificate of origin or certificate of title for a manufactured home, and there is no evidence of a surrendered certificate of title or manufacturer's statement of origin as provided in


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1135

section 168A.141, subdivision 1, which has not otherwise been unaffixed or is being unaffixed as provided in section 168A.142, the department must issue or reissue, a certificate of title to a manufactured home when the applicant submits:

 

(1) the application, pursuant to the requirements of section 168A.04, in a form prescribed by the department;

 

(2) an affidavit that:

 

(i) identifies the name of the manufacturer and dimensions, and if available, the make, model number, model year, and manufacturer's serial number of the manufactured home; and

 

(ii) certifies the applicant is the owner of the manufactured home, has physical possession of the manufactured home, knows of no facts or circumstances that materially affect the validity of the title of the manufactured home as represented in the application, and provides copies of such ownership documents, so far as the documents exist, including by way of example:

 

(A) bill of sale;

 

(B) financing, replevin, or foreclosure documents;

 

(C) appraisal;

 

(D) insurance certification;

 

(E) personal property tax bill;

 

(F) landlord certification;

 

(G) affidavit of survivorship or estate documents;

 

(H) divorce decree; or

 

(I) court order;

 

(3) an affidavit by an attorney admitted to practice law in this state stating:

 

(i) the attorney has performed a search of the Minnesota Department of Public Safety Driver and Vehicles Services records within 120 days of the date of application to obtain a certificate of origin or certificate of title on behalf of the applicant, but was unable to determine the names or locations of one or more owners or prior owners of the manufactured home;

 

(ii) if applicable, the attorney was unable to successfully contact one or more owners, or prior owners, after providing written notice 45 days prior to the registered and last known owner by certified mail at the address shown on Driver and Vehicles Services records, or if the last known address if different from Driver and Vehicles Services records, then also the last known address as known to the applicant;

 

(iii) if the attorney is unable to contact one or more owners, or previous owners, by sending a letter by certified mail, then the attorney must present to the department, as an attachment to its affidavit, the returned letter as evidence of the attempted contact, or the acknowledgement of receipt of the letter, together with an affidavit of nonresponse; and


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1136

(iv) the attorney knows of no facts or circumstances that materially affect the validity of the title of the manufactured home as represented in the application, other than property taxes payable in the year the affidavit is signed; and

 

(4) payment for required current year taxes and fees as prescribed by the department.

 

Subd. 2.  Satisfaction of manufactured home security lien; release.  A security interest perfected under this chapter may be canceled seven years from the perfection date for a manufactured home, upon the request of the owner of the manufactured home, if the owner has paid the lien in full or the lien has been abandoned and the owner is unable to locate the lienholder to obtain a lien release.  The owner must send a letter to the lienholder by certified mail, return receipt requested, stating the reason for the release and requesting a lien release.  If the owner is unable to obtain a lien release by sending a letter by certified mail, then the owner must present to the department the returned letter as evidence of the attempted contact, or the acknowledgement of receipt of the letter, together with a copy of the letter and an owner affidavit of nonresponse.

 

Subd. 3.  Suspension or revocation of certificate.  (a) Pursuant to section 168A.23, the department may revoke a previously issued certificate of title issued under this section.

 

(b) The department is not liable for any errors, omissions, misstatements, or other deficiencies or inaccuracies in documents submitted to the department under this section, provided the documents submitted appear to satisfy the requirements of this section.  The department is not required to investigate the accuracy of statements contained in submitted documents."

 

 

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.

 

 

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

 

H. F. No. 369, A bill for an act relating to vocational rehabilitation; appropriating money for centers for independent living; appropriating money for career education and job skills training for low-income individuals.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 474, A bill for an act relating to health occupations; authorizing criminal background checks by the Board of Medical Practice; exempting certain physicians from criminal background checks under the Interstate Medical Licensure Compact; amending Minnesota Statutes 2016, section 147.381.

 

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

 

      The report was adopted.


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1137

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

 

H. F. No. 584, A bill for an act relating to motor vehicles; authorizing issuance of disability plate to owner of motorized bicycle under certain circumstances; amending Minnesota Statutes 2016, sections 168.021, subdivisions 1, 2, 2a; 169.345, subdivisions 1, 3.

 

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

 

      The report was adopted.

 

 

Schomacker from the Committee on Health and Human Services Reform to which was referred:

 

H. F. No. 604, A bill for an act relating to collective bargaining; adopting the Hands Off Child Care Act; repealing Minnesota Statutes 2016, sections 179A.50; 179A.51; 179A.52; 179A.53.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Health and Human Services Finance.

 

      The report was adopted.

 

 

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

 

H. F. No. 635, A bill for an act relating to capital investment; modifying the purposes for which the existing state appropriation bond authorization for the Lewis and Clark Regional Water System may be used; authorizing additional state appropriation bonding for the final phase of the Lewis and Clark Regional Water System project; amending Minnesota Statutes 2016, section 16A.967, subdivisions 7, 8, by adding subdivisions.

 

Reported the same back with the following amendments:

 

Page 2, delete section 2

 

Page 2, line 25, delete "subdivisions" and insert "subdivision"

 

Page 2, line 26, delete "and 2b"

 

Page 2, line 30, delete "subdivisions" and insert "subdivision"

 

Page 2, line 31, delete "and 2b"

 

Page 3, line 2, delete "(a)"

 

Page 3, delete lines 9 to 14

 

Page 3, after line 15, insert:

 

"Sec. 4.  Minnesota Statutes 2016, section 462A.37, subdivision 2a, is amended to read:


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1138

Subd. 2a.  Additional authorization.  In addition to the amount authorized in subdivision 2, the agency may issue up to $80,000,000 $97,000,000 of housing infrastructure bonds in one or more series to which the payments made under this section may be pledged.

 

Sec. 5.  Minnesota Statutes 2016, section 462A.37, subdivision 2b, is amended to read:

 

Subd. 2b.  Additional authorization.  In addition to the amount authorized in subdivisions 2 and 2a, the agency may issue up to $10,000,000 $13,000,000 of housing infrastructure bonds in one or more series to which the payments made under this section may be pledged."

 

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 2, delete everything after "modifying"

 

Page 1, line 3, delete everything before "the" and insert "provisions of" and after "System" insert "project; authorizing additional issuance of housing infrastructure bonds"

 

Page 1, delete line 4

 

Page 1, line 5, delete everything before the semicolon

 

Correct the title numbers accordingly

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 654, A bill for an act relating to taxes; allowing a reverse referendum for property tax levies under certain circumstances; modifying dates for local referenda related to spending; amending Minnesota Statutes 2016, sections 123B.63, subdivision 3; 126C.17, subdivision 9; 205.10, subdivision 1; 205A.05, subdivision 1; 216B.46; 237.19; 275.065, subdivision 3; 275.07, subdivision 1; 275.60; 276.04, subdivisions 1, 2; 412.221, subdivision 2; 412.301; 426.19, subdivision 2; 447.045, subdivisions 2, 3, 4, 6, 7; 452.11; 455.24; 455.29; 459.06, subdivision 1; 469.053, subdivision 5; 469.107, subdivision 2; 469.190, subdivisions 1, 5; 471.57, subdivision 3; 471.571, subdivision 3; 471.572, subdivisions 2, 4; 475.59; proposing coding for new law in Minnesota Statutes, chapter 275; repealing Minnesota Statutes 2016, section 205.10, subdivision 3.

 

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

 

      The report was adopted.


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1139

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

 

H. F. No. 706, A bill for an act relating to legacy; providing for maximum appropriations from legacy funds; amending Minnesota Statutes 2016, sections 85.53, by adding a subdivision; 97A.056, by adding a subdivision; 114D.50, by adding a subdivision; 129D.17, by adding a subdivision.

 

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

 

      The report was adopted.

 

 

Loon from the Committee on Education Finance to which was referred:

 

H. F. No. 786, A bill for an act relating to education finance; authorizing additional early repayments of maximum effort capital loans; amending Laws 2011, First Special Session chapter 11, article 4, section 8, as amended.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  [477A.09] MAXIMUM EFFORT LOAN AID.

 

(a) For fiscal years 2018 to 2022, each school district with a maximum effort loan under sections 126C.61 to 126C.72, outstanding as of June 30, 2016, is eligible for an aid payment equal to one-fifth of the amount of interest that was paid on the loan between December 1, 1990, and June 30, 2016.  A school district with a maximum effort capital loan outstanding as of June 30, 2017, is eligible for an annual aid payment equal to one-fifth of the estimated amount of interest that will be paid by the district on the loan between June 30, 2017, and June 30, 2021.  Aid payments under this section must be used to reduce current year property taxes levied on net tax capacity within the district or to reduce future years' tax levies by:

 

(1) retaining payments made under this section in the district's debt redemption fund for up to 20 years, notwithstanding the two-year limit under section 475.61, subdivision 3; or

 

(2) financing a defeasance of any future payments on outstanding bonded debt.

 

(b) Aid under this section must be paid in fiscal years 2018 to 2022.  An amount sufficient to make aid payments under this section is annually appropriated from the general fund to the commissioner of education.

 

EFFECTIVE DATE.  This section is effective for fiscal years 2018 to 2022."

 

Delete the title and insert:

 

"A bill for an act relating to education finance; authorizing aid payments to certain districts with maximum effort loan interest payments between December 1, 1997, and June 30, 2016; proposing coding for new law in Minnesota Statutes, chapter 477A."

 

 

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

 

      The report was adopted.


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1140

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

 

H. F. No. 817, A bill for an act relating to public safety; establishing crimes for interfering with point-of-sale terminals, gas pump dispensers, and automated teller machines; amending Minnesota Statutes 2016, sections 609.87, by adding subdivisions; 609.891, subdivisions 1, 2, 3.

 

Reported the same back with the following amendments:

 

Page 1, after line 6, insert:

 

"Section 1.  Minnesota Statutes 2016, section 609.87, subdivision 2a, is amended to read:

 

Subd. 2a.  Authorization.  (a) "Authorization" means:

 

(1) with the permission of the owner of the computer, computer system, computer network, computer software, or other property.;

 

(2) access by employees of the Department of Commerce acting under the authority and powers granted to the director of the Weights and Measures Division in chapter 239 at any time the device is commercially available for use;

 

(3) access by registrants in the voluntary placing in service program and registered liquefied petroleum gas (LPG) meter inspectors acting under the authority and powers granted in Minnesota Rules, part 7601, but only at times specified by the device owner or operator or the device owner or operator's designated representative; or

 

(4) access by other people who have the express permission of the device owner or operator or the device owner or operator's designated representative but only at times as approved by the device owner or operator and only for purposes approved by the device owner or operator.

 

(b) Authorization may be limited by the owner by:

 

(1) giving the user actual notice orally or in writing;

 

(2) posting a written notice in a prominent location adjacent to the computer being used; or

 

(3) using a notice displayed on or announced by the computer being used."

 

Page 2, line 12, after "accessing" insert ", or attempting to access,"

 

Page 2, line 13, after "attaching" insert ", or attempting to place or attach,"

 

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 2, after "interfering" insert "or attempting to interfere"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Public Safety and Security Policy and Finance.

 

      The report was adopted.


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1141

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

 

H. F. No. 862, A bill for an act relating to transportation; modifying provisions governing outdoor advertising near roadways and highways; amending Minnesota Statutes 2016, sections 173.02, subdivisions 18, 23, by adding subdivisions; 173.04, subdivision 2; 173.06, subdivision 1; 173.07, subdivision 1; 173.08, by adding subdivisions; 173.13, subdivision 11; 173.16, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 173; repealing Minnesota Rules, parts 8810.0800, subpart 3; 8810.1300, subpart 4.

 

Reported the same back with the following amendments:

 

Page 2, line 15, before "erected" insert "lawfully"

 

Page 2, line 21, after "not" insert "primarily"

 

Page 3, delete section 8

 

Page 3, line 25, before "advertising" insert "legal nonconforming"

 

Page 3, line 27, strike "with" and insert "between the state and" and before the period, insert "under this chapter"

 

Page 4, line 3, strike "and maintenance"

 

Page 4, line 7, after the period, insert "A permit is required to access state right-of-way to maintain an advertising device."

 

Page 5, line 9, delete "or at" and insert "and during the"

 

Page 5, line 10, delete "by a computer" and insert "electronically"

 

Page 5, line 18, delete "15" and insert "150"

 

Page 5, delete line 22 and insert:

 

"(4) the sign does not direct toward the traveled way beams or rays of light of intensity or brilliance that cause glare that impairs"

 

Page 6, line 21, delete "50 percent or" and after "more" insert "than 50 percent"

 

Page 7, line 2, before the semicolon, insert ", as defined under paragraph (b)"

 

Renumber the sections in sequence and correct the internal references

 

Correct the title numbers accordingly

 

 

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

 

      The report was adopted.


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1142

Dean, M., from the Committee on Health and Human Services Finance to which was referred:

 

H. F. No. 952, A bill for an act relating to health; providing for training in hearing loss care to home care provider staff and supervisors; amending Minnesota Statutes 2016, section 144A.4796, subdivisions 2, 6.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 965, A bill for an act relating to veterans; authorizing the placement of a plaque in the court of honor on the Capitol grounds to honor all Minnesota veterans who served in the United States armed forces, both at home and abroad, during World War I.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Rules and Legislative Administration.

 

      The report was adopted.

 

 

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

 

H. F. No. 994, A bill for an act relating to public safety; modifying school bus equipment standards; amending Minnesota Statutes 2016, sections 169.442, subdivision 5; 169.4501, subdivisions 1, 2; 169.4503, subdivisions 4, 7, 14, 23, 30; 169.64, subdivision 8; repealing Minnesota Statutes 2016, section 169.4502, subdivision 5.

 

Reported the same back with the recommendation that 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. 1001, A bill for an act relating to administrative rulemaking; requiring agencies to determine the impact of a proposed rule on the cost of residential construction or remodeling; requiring notice to the applicable legislative committees; permitting a legislative committee to require approval of a rule by law; proposing coding for new law in Minnesota Statutes, chapter 14.

 

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.


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1143

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

 

H. F. No. 1030, A bill for an act relating to state government; allowing employees to opt out of state-paid insurance and benefits; amending Minnesota Statutes 2016, section 43A.24, by adding a subdivision.

 

Reported the same back with the following amendments:

 

Page 1, line 9, before the period, insert ", provided the individual declining the benefits can prove health insurance coverage from another source"

 

 

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

 

      The report was adopted.

 

 

Schomacker from the Committee on Health and Human Services Reform to which was referred:

 

H. F. No. 1115, A bill for an act relating to human services; modifying provisions related to specialized care facilities; modifying criteria for determining when an area of the state is a hardship area with regard to access to nursing facility services; amending Minnesota Statutes 2016, sections 144A.071, subdivision 3; 256R.46.

 

Reported the same back with the following amendments:

 

Page 1, after line 6, insert:

 

"Section 1.  Minnesota Statutes 2016, section 144.562, subdivision 2, is amended to read:

 

Subd. 2.  Eligibility for license condition.  (a) A hospital is not eligible to receive a license condition for swing beds unless (1) it either has a licensed bed capacity of less than 50 beds defined in the federal Medicare regulations, Code of Federal Regulations, title 42, section 482.66, or it has a licensed bed capacity of 50 beds or more and has swing beds that were approved for Medicare reimbursement before May 1, 1985, or it has a licensed bed capacity of less than 65 beds and the available nursing homes within 50 miles have had, in the aggregate, an average occupancy rate of 96 percent or higher in the most recent two years as documented on the statistical reports to the Department of Health; and (2) it is located in a rural area as defined in the federal Medicare regulations, Code of Federal Regulations, title 42, section 482.66.

 

(b) Except for those critical access hospitals established under section 144.1483, clause (9), and section 1820 of the federal Social Security Act, United States Code, title 42, section 1395i-4, that have an attached nursing home or that owned a nursing home located in the same municipality as of May 1, 2005, eligible hospitals are allowed a total of 2,000 days of swing bed use per year.  Critical access hospitals that have an attached nursing home or that owned a nursing home located in the same municipality as of May 1, 2005, are allowed swing bed use as provided in federal law.

 

(c) Except for critical access hospitals that have an attached nursing home or that owned a nursing home located in the same municipality as of May 1, 2005, the commissioner of health may approve swing bed use beyond 2,000 days as long as there are no Medicare certified skilled nursing facility beds available within 25 miles of that hospital that are willing to admit the patient and the patient agrees to the referral being sent to the skilled nursing facility.  Critical


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1144

access hospitals exceeding 2,000 swing bed days must maintain documentation that they have contacted skilled nursing facilities within 25 miles to determine if any skilled nursing facility beds are available that are willing to admit the patient and the patient agrees to the referral being sent to the skilled nursing facility.

 

(d) After reaching 2,000 days of swing bed use in a year, an eligible hospital to which this limit applies may admit six additional patients to swing beds each year without seeking approval from the commissioner or being in violation of this subdivision.  These six swing bed admissions are exempt from the limit of 2,000 annual swing bed days for hospitals subject to this limit.

 

(e) A health care system that is in full compliance with this subdivision may allocate its total limit of swing bed days among the hospitals within the system, provided that no hospital in the system without an attached nursing home may exceed 2,000 swing bed days per year."

 

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 2, after the semicolon, insert "modifying license condition for swing bed eligibility;"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Health and Human Services Finance.

 

      The report was adopted.

 

 

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

 

H. F. No. 1119, A bill for an act relating to construction codes; modifying criminal penalties; amending Minnesota Statutes 2016, section 326B.082, subdivision 16.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2016, section 326B.805, subdivision 3, is amended to read:

 

Subd. 3.  Prohibition.  Except as provided in subdivision 6, no persons required to be licensed by subdivision 1 may act or hold themselves out as a residential building contractor, residential remodeler, residential roofer, or manufactured home installer for compensation without a license issued by the commissioner.  Unlicensed residential building contractor, residential remodeler, or residential roofer activity is a gross misdemeanor."


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1145

Delete the title and insert:

 

"A bill for an act relating to construction codes; modifying criminal penalties; amending Minnesota Statutes 2016, section 326B.805, subdivision 3."

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Public Safety and Security Policy and Finance.

 

      The report was adopted.

 

 

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

 

H. F. No. 1133, A bill for an act relating to motor vehicles; amending registration tax and operation in managed lanes for certain electric vehicles; amending Minnesota Statutes 2016, sections 160.93, by adding a subdivision; 168.013, subdivision 1a, by adding a subdivision; 169.011, subdivision 26a, by adding a subdivision.

 

Reported the same back with the following amendments:

 

Page 3, line 7, delete "July 1, 2017" and insert "January 1, 2018"

 

Page 3, after line 11, insert:

 

"EFFECTIVE DATE.  This section is effective the day following final enactment, and applies to a registration period starting on or after January 1, 2018."

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 1146, A bill for an act relating to local government; providing for biennial notice and referendum on whether a municipality may use public utility license, permit, rights, or franchise fees to raise revenue; amending Minnesota Statutes 2016, section 216B.36.

 

Reported the same back with the following amendments:

 

Page 2, line 15, delete "Biennial referendum on fees to raise revenues" and insert "Five-year renewal; reverse referendum"

 

Page 2, line 17, delete everything after "for"

 

Page 2, line 18, delete everything before the comma and insert "up to a five-year period"


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1146

Page 3, delete lines 3 to 14 and insert:

 

"(d) Following publication and before imposing the fee, the municipality must provide an opportunity at its next regular meeting for public comment relating to the issue.  No sooner than 90 days after the public comment opportunity, the municipality may proceed with imposing the fee, unless a petition is filed as provided in paragraph (e).

 

(e) Within 90 days after the meeting held by the municipality at which public comment was accepted, a petition requesting a referendum may be filed with the chief clerical officer of the municipality.  The petition must be signed by at least five percent of the registered voters in the municipality.  The petition must meet the requirements of the secretary of state, as provided in section 204B.071, and any rules adopted to implement that section.  If the petition is sufficient, the question of whether the municipality may impose a fee that raises revenue as provided in subdivision 1 must be placed on the ballot at the next general election.  If a majority of the voters voting on the question votes in favor of using the fee to raise revenue, the municipality may proceed with imposing the fee.

 

(f) If a license, permit, right, or franchise agreement is entered into or renewed before August 1, 2017, and by its terms and the ordinance authorizing it, will be in effect after August 1, 2022, the municipality must follow the procedures in this subdivision to provide notice, a public hearing, and opportunity for a petition for a referendum by August 1, 2022.

 

(g) Except as provided in paragraph (f), this subdivision applies to a license, permit, right, or franchise agreement entered into or renewed on or after August 1, 2017."

 

Amend the title as follows:

 

Page 1, line 2, delete "biennial"

 

 

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

 

      The report was adopted.

 

 

Schomacker from the Committee on Health and Human Services Reform to which was referred:

 

H. F. No. 1176, A bill for an act relating to human services; providing a rate increase for certain mental health providers; amending Minnesota Statutes 2016, sections 256B.0625, subdivision 38; 256B.761.

 

Reported the same back with the following amendments:

 

Page 2, line 24, delete "as much as" and insert "equal to"

 

Page 2, line 25, delete everything after the period and insert "The commissioner shall monitor the effect of this requirement on the"

 

Page 2, line 26, delete "paragraph are"

 

Page 2, line 29, after "services" insert ", other than psychiatry services,"


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1147

Page 2, line 30, delete the first period and insert ", and" and delete "an additional ten percent" and insert "20 percent from the rates in effect on December 31, 2017"

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Health and Human Services Finance.

 

      The report was adopted.

 

 

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

 

H. F. No. 1185, A bill for an act relating to data practices; defining correspondence in government record retention law; providing minimum three-year retention period for correspondence; amending Minnesota Statutes 2016, sections 15.17, subdivisions 1, 2; 138.17, subdivisions 1, 7.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 1192, A bill for an act relating to agriculture; codifying a farm safety working group; appropriating money for farm safety initiatives; proposing coding for new law in Minnesota Statutes, chapter 17.

 

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

 

      The report was adopted.

 

 

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

 

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; modifying rulemaking requirements; 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; Laws 2015, First Special Session chapter 4, article 4, section 136; repealing Minnesota


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1148

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.

 

Reported the same back with the recommendation that 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. 1294, A bill for an act relating to commerce; regulating the termination of sales representatives; amending Minnesota Statutes 2016, section 325E.37, subdivision 1.

 

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

 

      The report was adopted.

 

 

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

 

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.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  [116X.01] NEW MARKETS TAX CREDIT.

 

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

 

(b) "Affiliate" means a business that shares 50 percent or more common ownership with another entity.

 

(c) "Applicable percentage" means five percent for each of the first three credit allowance dates and six percent for each of the final four credit allowance dates.

 

(d) "Applicant" means a qualified community development entity as defined in paragraph (m).

 

(e) "Commissioner" means the commissioner of employment and economic development.

 

(f) "Credit allowance date" means:

 

(1) the date on which a qualified equity investment is initially made; and

 

(2) each of the six anniversary dates thereafter.


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1149

(g) "Greater Minnesota" means the area of the state that excludes the metropolitan area.

 

(h) "Internal Revenue Code" has the meaning given in section 290.01, subdivision 31.

 

(i) "Investments held by a qualified community development entity" means any capital or equity investment or loan held by a qualified community development entity, even if the qualified low-income community investment has been sold or repaid; provided that the qualified community development entity reinvests an amount equal to the capital returned to or recovered by the qualified community development entity from the original investment, exclusive of any profits realized, in another qualified low-income community investment within 12 months of the return or recovery of the capital investment.  For the purposes of this requirement, a qualified community development entity is not required to reinvest capital returned from qualified low-income community investments after the sixth anniversary of the issuance of the qualified equity investment.  The qualified low-income community investment is considered to be held by the qualified community development entity through the seventh anniversary of the qualified equity investment's issuance.  Periodic amounts received by the issuer during a calendar year as repayment of principal on a loan that is a qualified low-income community investment shall be treated as continuously invested in a qualified low-income community business if the amounts received are reinvested in another qualified low-income community business within 12 months.

 

(j) "Metropolitan area" means the area defined in section 473.121, subdivision 2.

 

(k) "Purchase price" means the amount paid by an investor as a qualified equity investment to the qualified community development entity in exchange for a tax credit allocation.

 

(l) "Qualified active low-income community business" has the meaning given in section 45D of the Internal Revenue Code, or is a project the commissioner deems to have regional economic significance.  The term does not include:

 

(1) any trade or business engaged in insurance, banking, lending, lobbying, political consulting, or leisure; or

 

(2) any trade or business activity consisting of the operation of any private or commercial golf course, country club, suntan facility, hot tub facility, massage parlor, race track, or other facility used for gambling, or any store the principal business of which is the sale of alcoholic beverages for consumption off premises.

 

(m) "Qualified community development entity" has the meaning given in section 45D of the Internal Revenue Code; provided that the entity:

 

(1) has previously entered into an allocation agreement with the Community Development Financial Institutions Fund of the United States Treasury Department with respect to credits authorized by section 45D of the Internal Revenue Code or has received a Minnesota allocation under this bill within the past three years;

 

(2) includes Minnesota within the service area set forth in the allocation agreement and has an office or headquarters in Minnesota from which it conducts business; and

 

(3) has direct lending experience serving businesses in disadvantaged communities in the state and a primary mission of economic development.

 

(n) "Qualified equity investment" means an equity investment in a qualified community development entity, if the equity investment:

 

(1) is acquired after January 1, 2018, at its original issuance solely in exchange for cash;


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1150

(2) has at least 95 percent of its cash purchase price used by the issuer to make initial qualified low-income community investments with reinvestments required to be made in Minnesota at a minimum of 85 percent of the amount returned or recovered by the qualified community development entity;

 

(3) is designated by the qualified community development entity as a qualified equity investment under this subdivision and is certified by the commissioner as not exceeding the limitation contained in subdivision 2.  The term includes any qualified equity investment that does not meet the provisions of this paragraph if the investment met the definition of a qualified equity investment while under possession of a prior holder; and

 

(4) not more than five percent of the qualified equity investment is held as a loan loss reserve.

 

(o) "Qualified low-income community investment" means any investment in, or loan to, any qualified active low-income community business.

 

(p) "Tax credit" means a credit against the tax otherwise due under chapter 290 or any gross premiums tax under chapter 297I.

 

(q) "Taxpayer" means any individual or entity subject to the tax imposed under chapter 290 or 297I.

 

Subd. 2.  Credit allowed; qualification; limitation.  (a) A taxpayer that makes a qualified equity investment is entitled to a tax credit subject to the conditions and limitations provided in this section.

 

(b) The tax credit amount equals 39 percent of the state tax credit authority allocated pursuant to this section and assigned to a qualified equity investment.  The amount of the tax credit claimed must not exceed the amount of the taxpayer's state tax liability under chapter 290 or 297I for the tax year for which the tax credit is claimed.  On each credit allowance date of the qualified equity investment the taxpayer, or subsequent holder of the qualified equity investment, is entitled to a tax credit during the taxable year including the credit allowance date.  The tax credit equals the qualified equity investment multiplied by the applicable percentage.  The tax credit is not transferable.

 

(c) Tax credits earned by a partnership, a limited liability company, an S-corporation, or other pass-through entity may be allocated to the partners, members, or shareholders of the entity for their direct use in accordance with the provisions of any agreement among the partners, members, or shareholders.

 

(d) Any amount of tax credit that the taxpayer is prohibited by this section from claiming in a taxable year may be carried forward to any of the taxpayer's subsequent taxable years.

 

(e) An entity claiming a tax credit under this chapter is not required to pay any retaliatory tax levied under section 297I.05 as a result of claiming that credit.  In addition, it is the intent of this section that an entity claiming a credit under this chapter is not required to pay any additional tax as a result of claiming that credit.

 

(f) The amount of allocation authority under this subdivision cannot exceed a cumulative outstanding and unused allocation of $300,000,000.

 

Subd. 3.  Certification.  (a) The qualified community development entity receiving the qualified equity investment must certify to the commissioner the dollar amount of the loan or investment to be made within the state of Minnesota during the first 24-month period following the initial credit allowance date, subject to a maximum amount of $15,000,000 of all qualified low-income community investments from all sources to a specific business and all of its affiliates collectively, beyond which no Minnesota new markets tax credit is allowed to that business or any of its affiliates.


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1151

(b) If the qualified community development entity or transferee as allowed in subdivision 8 does not receive the qualified equity investment and issue the qualified low-income community investment within 24 months following receipt of the certification notice, the certification lapses and the entity may not accept the qualified equity investment without reapplying to the commissioner for certification.  Lapsed certifications revert to the commissioner and must be reissued, first, pro rata to other applicants whose qualified equity investment allocations were reduced under subdivision 6 and, thereafter, in accordance with the application process.

 

(c) A business is considered a qualified active low-income community business for the duration of the qualified community development entity's investment in, or loan to, the business if the qualified active low-income community business and the qualified certified development entity reasonably expects, when the qualified certified development entity makes the investment or loan, that the business will continue to satisfy the requirements for being a qualified active low-income community business throughout the entire period of the investment or loan.

 

Subd. 4.  Amount certified.  The commissioner shall certify up to $300,000,000 in tax credit authority over a three-year period for taxable years beginning after December 31, 2017.  The commissioner shall certify allocations of tax credit to qualified community development entities based on a competitive review of applications received by the commissioner using criteria established in subdivisions 5 and 6.

 

Subd. 5.  Application.  (a) The commissioner shall develop an application form calling for information necessary to evaluate Minnesota benefits from tax credit projects.  A qualified community development entity that seeks to have an equity investment designated as a qualified equity investment and eligible for tax credits under this chapter may apply to the commissioner on or after final enactment, according to the application deadline.  The application must include the following:

 

(1) evidence of the applicant's certification as a qualified community development entity, such as a copy of an allocation agreement that is executed by the applicant or its controlling entity and the Community Development Financial Institutions Fund under section 116X.02, subdivision 10, and that includes a service area including the state of Minnesota, or a Minnesota allocation within the past three years;

 

(2) evidence that the applicant or its controlling entity has received at least $20,000,000 of allocation of qualified equity investment authority from the Community Development Financial Institutions Fund, or has received a Minnesota allocation within the past three years;

 

(3) evidence that the applicant, its controlling entity, and subsidiary qualified community development entities of the controlling entity have collectively made at least $20,000,000 in qualified low-income community loans or investments under the federal new markets tax credit program, and either:

 

(i) at least $20,000,000 of those investments were made in the state of Minnesota; or

 

(ii) the applicant has direct lending experience serving businesses in disadvantaged communities in the state of at least $10,000,000 and a primary mission of economic development serving areas including part or all of the state of Minnesota;

 

(4) evidence that the qualified community development entity has demonstrated experience providing capital or technical assistance to disadvantaged businesses or communities in the state;

 

(5) the extent to which an applicant demonstrates direct experience in asset and risk management and in fulfilling government compliance requirements, particularly for tax credit program compliance;

 

(6) the extent to which an applicant demonstrates a capitalization strategy that ensures that the economic benefit of the tax credit remains in the state;


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1152

(7) the extent to which the applicant establishes standards for wages and benefits exceeding federal poverty guidelines and includes a means by which to monitor and measure ongoing compliance with those standards;

 

(8) in circumstances where the state allocation is paired with a federal new market tax allocation, the extent to which the applicant develops evaluation criteria and tools to assess the extent to which the state allocation is necessary to produce the community benefit to be provided through financing of the qualified active low-income community business;

 

(9) a plan describing the proposed types of qualified active low-income community businesses in which the applicant expects to invest, and the financial contributions expected to be made to the project from nonstate sources;

 

(10) a nonrefundable application fee of $5,000, which is required to be paid to the commissioner for each application submitted; and

 

(11) any other criteria the commissioner deems necessary.

 

(b) The requirements of paragraph (a), clauses (2) and (3), do not apply to a qualified community development entity incorporated or headquartered in Minnesota, if the qualified community development entity provides evidence of direct experience with at least $20,000,000 of allocation of qualified equity investment authority from the Community Development Financial Institutions Fund as:

 

(1) a direct lender to a new markets tax credit structure; or

 

(2) a direct investor to such a structure, as long as the applicant has direct lending experience serving businesses in disadvantaged communities in the state of at least $10,000,000 and a primary mission of economic development serving areas including part or all of the state of Minnesota.

 

Subd. 6.  Consideration of application.  (a) Within 90 days after the application deadline, for each completed application containing all of the information in subdivision 5, including the payment of the application fee, the commissioner shall grant or deny the application in full or in part.  If the commissioner denies any part of the application, the commissioner shall inform the qualified community development entity of the grounds for the denial.  If the qualified community development entity provides any additional information required by the commissioner or otherwise completes its application within 15 days of the notice of denial, the application is considered completed as of the original date of submission.  If the qualified community development entity fails to provide the information or complete its application within the 15-day period, the application remains denied until the next application date.

 

(b) If the application required under this section is complete, the commissioner shall certify the proposed equity investment as a qualified equity investment that is eligible for tax credits under this chapter, subject to the limitations in subdivision 4 and the pro rata award of allocations to eligible applicants within the limitations.  The commissioner shall provide written notice of the certification to the qualified community development entity.  The notice must include the name of the qualified community development entity and the credit amount.  Before any tax credits are claimed under this chapter, the qualified community development entity shall provide written notice to the commissioner of the names of the entities eligible to claim the credits as a result of holding a qualified equity investment.  If the names of the entities that are eligible to utilize the credits change due to a transfer of a qualified equity investment or an allocation or affiliate transfer under section 116X.04, the qualified community development entity shall notify the commissioner of the change.

 

(c) The commissioner shall certify up to $300,000,000 in qualified equity investments, to be spread evenly over three years.  The commissioner shall certify qualified equity investments to those eligible applicants who have submitted a complete application meeting all requirements, subject to the limitations in subdivision 4, with no more


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1153

than $100,000,000 per applicant and its affiliates across all three years.  For applications that are complete and received within the same application round, the commissioner shall certify, consistent with remaining qualified equity investment capacity, the qualified equity investments in proportionate percentages based upon the ratio of the amount of qualified equity investment requested in an application, up to the total available in that year per entity, to the total amount of qualified equity investments requested in all eligible and complete applications received.

 

(d) Notwithstanding the requirements of this subdivision, the commissioner shall certify half of the available annual allocation authority to qualified equity investments located in the metropolitan area and half to qualified equity investments located in greater Minnesota.

 

Subd. 7.  Credit recapture.  (a) The commissioner shall recapture the tax credit allowed under this section for a specific qualified equity investment if any amount of the federal tax credit available with respect to a qualified equity investment is recaptured under section 45D of the Internal Revenue Code due to any of the following reasons:

 

(1) the qualified active low-income community business receiving the benefit of the investment fails to reasonably document at the initial loan or investment closing evidence of being a qualified active low-income community business;

 

(2) the qualified community development entity under this section causes the recapture of the federal tax credit under section 45D of the Internal Revenue Code for the specific qualified equity investment by losing its certification as a qualified community development entity as determined by the Community Development Financial Institutions Fund within the United States Department of Treasury; or

 

(3) if any of the qualified equity investment is returned to the investor prior to the end of the compliance period.  If the tax credit is recaptured under this section, no further tax credits are allowed for the investor for the specific qualified equity investment.

 

(b) If there are no federal tax credits involved in a specific qualified equity investment but any of the reasons listed in paragraph (a), clauses (1) to (3), occur, the commissioner shall recapture the tax credit allowed under this section for that specific qualified equity investment.

 

(c) Notwithstanding the recapture provisions of this subdivision, any portion of the tax credit already rightfully claimed by the investor for the specific qualified equity investment for years ended before the year in which the recapture occurs, is not recaptured.

 

(d) Enforcement of each of the above recapture provisions is subject to a six-month cure period after the qualified community development entity determines, should have reasonably determined, or has received notice of, the noncompliance.

 

(e) If the commissioner disallows tax credits under this subdivision, the commissioner may also impose penalties on the qualified community development entity that received the qualified equity investment for which tax credits are disallowed, not to exceed one-half of one percent of the qualified equity investment.

 

(f) Any tax credit that is subject to recapture must be recaptured from the taxpayer that claimed the tax credit on a return.

 

Subd. 8.  Suballocation.  An approved qualified community development entity may transfer all or a portion of its qualified equity investment authority from its qualified community development entity to a subsidiary qualified community development entity provided that the qualified community development entity provides written notification to the commissioner within 30 days of the transfer.  The subsidiary shall be subject to the same rules, requirements, and limitations applicable to the qualified community development entity.


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1154

Subd. 9.  Annual reporting by community development entities.  (a) A qualified community development entity that has received a qualified equity investment must submit an annual report to the commissioner within 180 days after the end of the fiscal year of a qualified community development entity which includes a credit allowance date.  The report shall include information on investments made in the preceding year, including but not limited to the following:

 

(1) the identity of the types of industries, identified by the North American Industry Classification System Code, in which qualified low-income community investments were made;

 

(2) the identity of the types of industries, identified by the North American Industry Classification System Code, in which qualified low-income community investments were made;

 

(3) the names of the counties in which the qualified active low-income community businesses are located which received qualified low-income community investments;

 

(4) the number of jobs created and retained by qualified active low-income community businesses receiving qualified low-income community investments, including verification that the average wages and benefits paid to full-time employees, based on an hourly wage for a 40-hour work week, meet or exceed 105 percent of the federal poverty income guidelines for a family of four; and

 

(5) other information and documentation required by the commissioner to:

 

(i) determine the investments made in the metropolitan area and greater Minnesota;

 

(ii) verify continued certification as a qualified community development entity under section 45D of the Internal Revenue Code; and

 

(iii) any other necessary reporting data.

 

(b) Within 120 days after the end of the applicant's fiscal year which includes a credit allowance date, an applicant must submit annual financial statements for the qualified community development entity and any subsidiary qualified community development entities having a credit allowance date for the preceding tax year in a form established by the commissioner.

 

Subd. 10.  Application fees; account created.  A nonrefundable application fee shall be submitted by the qualified community development entity at the time the application is submitted and shall be equal to an amount as published in the Minnesota new markets tax credit program application, initially set at $5,000.  The commissioner may allow up to 25 percent of the fee to be submitted up to 180 days following the allocation award and up to 25 percent of the fee to be submitted up to 270 days following the allocation award.  Application fees are deposited in the new market tax credit administration account in the special revenue fund.

 

Subd. 11.  Administrative fees.  Upon the receipt of a qualified equity investment by a qualified community development entity, an administrative fee in an amount determined by the commissioner, no more than two percent of the qualified equity investment, and published in the allocation agreement will be deposited in the new markets tax credit administration account in the special revenue fund.

 

Subd. 12.  Administrative expenses.  Amounts in the new markets tax credit administration account are appropriated annually to the commissioner for administrative expenses related to administering the new markets tax credit in this section.


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1155

Subd. 13.  Program report.  The commissioner shall report to the legislature no later than December 31, 2024, regarding the implementation of this tax credit, including an evaluation of the success of the tax credit in the state.  The report must include:

 

(1) the extent to which wages and benefits for the qualified equity investments exceed federal poverty guidelines;

 

(2) the community development benefits resulting from qualified equity investments, including permanent job creation or retention, construction jobs, and job training;

 

(3) the financial contributions made to projects from sources other than the state new markets tax credit program;

 

(4) the extent to which the reduced cost of borrowing or other flexible or nontraditional terms are provided to the borrower, thereby ensuring that the benefits of the tax credit equity accrued to the borrower; and

 

(5) other information the commissioner deems necessary.

 

Subd. 14.  Economic significance determination.  The commissioner must provide written explanation concerning any "qualified active low-income business" not eligible under section 45D of the Internal Revenue Code, but allowed under subdivision 1, paragraph (l), to the chairs and ranking minority members of the legislative committees and budget divisions with jurisdiction over the agency.  The written explanation must be provided as soon after the determination as practicable.

 

Subd. 15.  Expiration.  This section expires nine taxable years following final enactment, except that the commissioner's authority to allow the credit under subdivision 2 based on certificates that were issued under subdivision 3 before expiration remains in effect through the year following the year in which all certificates have either been canceled or resulted in issuance of credit certificates, or 2031, whichever is earlier.

 

EFFECTIVE DATE.  This section is effective for taxable years beginning after December 31, 2017.

 

Sec. 2.  [290.0693] NEW MARKETS TAX CREDIT.

 

Subdivision 1.  Definition.  For purposes of this section, "qualified equity investment" has the meaning given in section 116X.01, subdivision 1.

 

Subd. 2.  Credit allowed.  A taxpayer that makes a qualified equity investment is allowed a credit against the tax imposed under this chapter equal to the amount provided under section 116X.01, subdivision 2.

 

Subd. 3.  Audit powers.  Notwithstanding any issuance of credit by the commissioner of employment and economic development under section 116X.01, the commissioner may utilize any audit and examination powers under chapter 270C or 289A to the extent necessary to verify that the taxpayer is eligible for the credit and to assess for the amount of any improperly claimed credit.

 

EFFECTIVE DATE.  This section is effective for taxable years beginning after December 31, 2017.

 

Sec. 3.  Minnesota Statutes 2016, section 297I.20, is amended by adding a subdivision to read:

 

Subd. 4.  New markets tax credit.  (a) For purposes of this subdivision, "qualified equity investment" has the meaning given in section 116X.01, subdivision 1.


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1156

(b) An insurance company that makes a qualified equity investment may claim a credit against the premiums tax imposed under this chapter equal to the amount provided under section 116X.01, subdivision 2.

 

(c) This credit does not affect the calculation of police and fire aid under section 69.021.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and applies to premium tax returns originally due on or after December 31, 2017."

 

 

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

 

      The report was adopted.

 

 

Schomacker from the Committee on Health and Human Services Reform to which was referred:

 

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.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2016, section 245A.04, subdivision 4, is amended to read:

 

Subd. 4.  Inspections; waiver.  (a) Before issuing an initial license, the commissioner shall conduct an inspection of the program.  The inspection must include but is not limited to:

 

(1) an inspection of the physical plant;

 

(2) an inspection of records and documents;

 

(3) an evaluation of the program by consumers of the program; and

 

(4) observation of the program in operation.

 

For the purposes of this subdivision, "consumer" means a person who receives the services of a licensed program, the person's legal guardian, or the parent or individual having legal custody of a child who receives the services of a licensed program.

 

(b) The evaluation required in paragraph (a), clause (3), or the observation in paragraph (a), clause (4), is not required prior to issuing an initial license under subdivision 7.  If the commissioner issues an initial license under subdivision 7, these requirements must be completed within one year after the issuance of an initial license.

 

(c) Before completing a licensing inspection in a family child care program, the county licensing agency must offer the family child care license holder an exit interview to discuss violations of law or rule observed during the inspection and offer technical assistance on how to comply with applicable laws and rules.  Nothing in this


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1157

paragraph limits the ability of the commissioner to issue a correction order or negative action for violations of law or rule not discussed in an exit interview or in the event that a family child care license holder chooses not to participate in an exit interview.

 

EFFECTIVE DATE.  This section is effective October 1, 2017.

 

Sec. 2.  [245A.065] FAMILY CHILD CARE FIX-IT TICKET.

 

(a) In lieu of a correction order under section 245A.06, the commissioner shall issue a fix-it ticket to a family child care license holder if the commissioner finds that:

 

(1) the license holder has failed to comply with a requirement in this chapter or Minnesota Rules, chapter 9502, that the commissioner determines to be eligible for a fix-it ticket;

 

(2) the violation does not imminently endanger the health, safety, or rights of the persons served by the program;

 

(3) the license holder did not receive a fix-it ticket or correction order for the violation at the license holder's last licensing inspection;

 

(4) the violation can be corrected at the time of inspection or within 48 hours excluding Saturdays, Sundays, and holidays; and

 

(5) the license holder corrects the violation at the time of inspection or agrees to correct the violation within 48 hours excluding Saturdays, Sundays, and holidays.

 

(b) The fix-it ticket must state:

 

(1) the conditions that constitute a violation of the law or rule;

 

(2) the specific law or rule violated; and

 

(3) that the violation was corrected at the time of inspection or must be corrected within 48 hours excluding Saturdays, Sundays, and holidays.

 

(c) The commissioner shall not publicly publish a fix-it ticket on the department's Web site.

 

(d) Within 48 hours excluding Saturdays, Sundays, and holidays of receiving a fix-it ticket, the family child care license holder must correct the violation and within one week submit evidence to the county licensing agency that the violation was corrected.

 

(e) If the violation is not corrected at the time of inspection or within 48 hours excluding Saturdays, Sundays, and holidays, or the evidence submitted is insufficient to establish that the license holder corrected the violation, the commissioner must issue a correction order for the violation of Minnesota law or rule identified in the fix-it ticket according to section 245A.06.

 

(f) If the provider believes that the contents of the commissioner's fix-it ticket are in error, the provider may ask the Department of Human Services to reconsider the parts of the fix-it ticket that are alleged to be in error.  The request for reconsideration must be made in writing and must be postmarked and sent to the commissioner within 20 calendar days after receipt of the fix-it ticket by the provider, and must:

 

(1) specify the parts of the fix-it ticket that are alleged to be in error;


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1158

(2) explain why they are in error; and

 

(3) include documentation to support the allegation of error.

 

(g) A request for reconsideration under paragraph (f) does not stay any provisions or requirements of the fix-it ticket.  The commissioner's disposition of a request for reconsideration is final and not subject to appeal under chapter 14.

 

EFFECTIVE DATE.  This section is effective October 1, 2017."

 

Delete the title and insert:

 

"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."

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Health and Human Services Finance.

 

      The report was adopted.

 

 

Urdahl from the Committee on Capital Investment to which was referred:

 

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

 

Reported the same back with the following amendments:

 

Page 2, line 12, after "(2)," insert "(3),"

 

 

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

 

      The report was adopted.

 

 

Schomacker from the Committee on Health and Human Services Reform to which was referred:

 

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.

 

Reported the same back with the following amendments:

 

Page 3, lines 14 and 16, strike "(f)" and insert "(b)"


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1159

Page 4, after line 24, insert:

 

"Sec. 4.  DENTAL SERVICES GRANTS.

 

(a) $....... is appropriated from the general fund to the commissioner of human services, for the biennium ending June 30, 2019, to award dental services grants.  The commissioner may award grants under this section to:

 

(1) nonprofit community clinics;

 

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

 

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

 

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

 

(b) Grants may be used to fund costs related to maintaining, coordinating, and improving access for medical assistance and MinnesotaCare enrollees to dental care in a region.

 

(c) The commissioner shall consider the following in awarding the grants:

 

(1) experience in delivering dental services to medical assistance and MinnesotaCare enrollees in urban and rural communities;

 

(2) the potential to successfully maintain or expand access to dental services for medical assistance and MinnesotaCare enrollees; and

 

(3) demonstrated capability to provide access to care for children, adults, and seniors with special needs, individuals with complex medical and dental needs, recent immigrants and non-English speakers, and students attending schools with a high percentage of low-income students."

 

Amend the title as follows:

 

Page 1, line 5, after the semicolon, insert "appropriating money;"

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Health and Human Services Finance.

 

      The report was adopted.

 

 

Schomacker from the Committee on Health and Human Services Reform to which was referred:

 

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.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Health and Human Services Finance.

 

      The report was adopted.


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1160

Schomacker from the Committee on Health and Human Services Reform to which was referred:

 

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.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Health and Human Services Finance.

 

      The report was adopted.

 

 

Fabian from the Committee on Environment and Natural Resources Policy and Finance to which was referred:

 

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.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 1366, A bill for an act relating to workers' compensation; adopting recommendations of the Workers' Compensation Advisory Council; adopting department proposals; modifying payments for inpatient services; allowing a forbearance of amounts owed to the special compensation fund; modifying intervention procedures; authorizing rulemaking; amending Minnesota Statutes 2016, sections 176.1362, subdivisions 1, 2; 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.

 

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

 

      The report was adopted.

 

 

Schomacker from the Committee on Health and Human Services Reform to which was referred:

 

H. F. No. 1402, A bill for an act relating to human services; appropriating money for crisis nursery services.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Health and Human Services Finance.

 

      The report was adopted.


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1161

Schomacker from the Committee on Health and Human Services Reform to which was referred:

 

H. F. No. 1407, A bill for an act relating to child care; appropriating money for a pilot program creating two women-run cooperative child care businesses in low-income urban areas; requiring reports.

 

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.

 

 

Schomacker from the Committee on Health and Human Services Reform to which was referred:

 

H. F. No. 1410, A bill for an act relating to child care business development; providing grants to promote child care business start-ups and expansion; 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.

 

 

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

 

H. F. No. 1418, A bill for an act relating to state government; clarifying certain prize provisions of the lottery; providing for certain budget and expenses of the State Lottery; amending Minnesota Statutes 2016, sections 349A.08, subdivision 2; 349A.10, subdivision 6; repealing Minnesota Statutes 2016, section 349A.08, subdivision 3.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 1419, A bill for an act relating to unemployment insurance; adopting recommendations of the Unemployment Insurance Advisory Council; amending Minnesota Statutes 2016, sections 268.031, subdivision 1; 268.035, subdivisions 15, 20, 21d, 23, 30; 268.042, subdivision 1; 268.046, subdivision 3; 268.051, subdivisions 1, 9; 268.065, subdivision 2; 268.07, subdivisions 2, 3a, 3b; 268.085, subdivisions 1, 6, 7, 12, 13, 13a, 16; 268.0865, subdivision 5; 268.095, subdivisions 1, 2, 5; 268.101, subdivision 2; 268.105, subdivision 2; 268.131; 268.18, subdivisions 2, 2b, 5; 268.182; 268.184; 268.194, subdivisions 1, 4; repealing Laws 2005, chapter 112, article 1, section 14.

 

Reported the same back with the following amendments:

 

Page 11, delete section 7

 

Page 31, delete section 23 and insert:


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1162

"Sec. 23.  REVISOR'S INSTRUCTION.

 

In the following sections of Minnesota Statutes, the revisor of statutes shall delete the term "considered":  Minnesota Statutes, sections 268.035, subdivisions 21c and 26; 268.07, subdivision 1; 268.085, subdivisions 4a, 13c, 15, and 16; 268.095, subdivision 3; 268.101, subdivision 6; and 268.105, subdivisions 3a and 7."

 

Renumber the sections in sequence and correct the internal references

 

Correct the title numbers accordingly

 

 

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

 

      The report was adopted.

 

 

Schomacker from the Committee on Health and Human Services Reform to which was referred:

 

H. F. No. 1422, A bill for an act relating to human services; requiring a report to the legislature on the status of child care; proposing coding for new law in Minnesota Statutes, chapter 245A.

 

Reported the same back with the following amendments:

 

Page 1, before line 5, insert:

 

"Section 1.  Minnesota Statutes 2016, section 245A.02, subdivision 2b, is amended to read:

 

Subd. 2b.  Annual or annually.  With the exception of subdivision 2c, "annual" or "annually" means prior to or within the same month of the subsequent calendar year.

 

Sec. 2.  Minnesota Statutes 2016, section 245A.02, is amended by adding a subdivision to read:

 

Subd. 2c.  Annual or annually; family child care training requirements.  For the purposes of section 245A.50, subdivisions 1 to 9, "annual" or "annually" means the 12-month period beginning on the license effective date or the annual anniversary of the effective date and ending on the day prior to the annual anniversary of the license effective date.

 

Sec. 3.  Minnesota Statutes 2016, section 245A.06, subdivision 8, is amended to read:

 

Subd. 8.  Requirement to post correction order.  (a) For licensed family child care providers and child care centers, upon receipt of any correction order or order of conditional license issued by the commissioner under this section, and notwithstanding a pending request for reconsideration of the correction order or order of conditional license by the license holder, the license holder shall post the correction order or order of conditional license in a place that is conspicuous to the people receiving services and all visitors to the facility for two years.  When the correction order or order of conditional license is accompanied by a maltreatment investigation memorandum prepared under section 626.556 or 626.557, the investigation memoranda must be posted with the correction order or order of conditional license.

 

(b) If the commissioner reverses or rescinds a violation in a correction order upon reconsideration under subdivision 2, the commissioner shall issue an amended correction order and the license holder shall post the amended order according to paragraph (a).


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1163

(c) If the correction order is rescinded or reversed in full upon reconsideration under subdivision 2, the license holder shall remove the original correction order posted according to paragraph (a).

 

Sec. 4.  Minnesota Statutes 2016, section 245A.06, is amended by adding a subdivision to read:

 

Subd. 9.  Child care correction order quotas prohibited.  The commissioner and county licensing agencies shall not order, mandate, require, or suggest to any person responsible for licensing or inspecting a licensed family child care provider or child care center a quota for the issuance of correction orders on a daily, weekly, monthly, quarterly, or yearly basis.

 

Sec. 5.  [245A.1434] INFORMATION FOR CHILD CARE LICENSE HOLDERS.

 

The commissioner shall inform family child care and child care center license holders on a timely basis of changes to state and federal statute, rule, regulation, and policy relating to the provision of licensed child care, the child care assistance program under chapter 119B, the quality rating and improvement system under section 124D.142, and child care licensing functions delegated to counties.  Communications under this section shall include information to promote license holder compliance with identified changes.  Communications under this section may be accomplished by electronic means and shall be made available to the public online."

 

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 2, after the semicolon, insert "modifying definition relating to child care licensing; modifying child care correction order posting requirements; prohibiting correction order quotas for child care licensing; requiring the commissioner to inform child care license holders of changes in statute, rule, federal law, regulation, and policy;"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Health and Human Services Finance.

 

      The report was adopted.

 

 

Scott from the Committee on Civil Law and Data Practices Policy to which was referred:

 

H. F. No. 1443, A bill for an act relating to commerce; regulating insurance fraud; modifying certain penalties and notices; defining a term; clarifying the authority of the Commerce Fraud Bureau to apply for or execute search warrants; amending Minnesota Statutes 2016, sections 13.82, subdivision 17; 45.0135, subdivision 9; 60A.27, subdivision 1; 65B.84, by adding a subdivision; 626.05, subdivision 2.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Public Safety and Security Policy and Finance.

 

      The report was adopted.


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1164

Schomacker from the Committee on Health and Human Services Reform to which was referred:

 

H. F. No. 1459, A bill for an act relating to human services; requiring oversight and training of family child care licensors; requiring the commissioner to develop a training curriculum; amending Minnesota Statutes 2016, section 245A.16, subdivision 6, by adding a subdivision.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Health and Human Services Finance.

 

      The report was adopted.

 

 

Torkelson from the Committee on Transportation Finance to which was referred:

 

H. F. No. 1467, A bill for an act relating to transportation; requiring the commissioner of transportation to report to the legislature on use of tolling.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 1545, A bill for an act relating to agriculture; extending Food Safety and Defense Task Force; modifying definition of animals; amending Minnesota Statutes 2016, sections 28A.21, subdivision 6; 31A.02, subdivision 4.

 

Reported the same back with the recommendation that 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. 1558, A bill for an act relating to school district insurance; regulating coverage; amending Minnesota Statutes 2016, sections 471.6161, subdivision 8; 471.617, subdivision 2.

 

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

 

      The report was adopted.

 

 

Dean, M., from the Committee on Health and Human Services Finance to which was referred:

 

H. F. No. 1559, A bill for an act relating to human services; modifying certain hospital rate and reimbursement provisions; amending Minnesota Statutes 2016, sections 256.9686, subdivision 8; 256.969, subdivisions 1, 2b, 3a, 3c, 4b, 8, 8c, 9, 12; 256B.75.

 

Reported the same back with the following amendments:


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1165

Page 8, delete section 5

 

Page 13, line 8, delete "2d" and insert "2b"

 

Renumber the sections in sequence

 

Correct the title numbers accordingly

 

 

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

 

      The report was adopted.

 

 

Schomacker from the Committee on Health and Human Services Reform to which was referred:

 

H. F. No. 1561, A bill for an act relating to health; allowing mental health practitioners to provide telemedicine services; eliminating the medical assistance limit on telemedicine encounters; amending Minnesota Statutes 2016, sections 62A.671, subdivision 6; 256B.0625, subdivision 3b.

 

Reported the same back with the following amendments:

 

Page 1, line 21, reinstate the stricken language

 

Page 2, line 1, reinstate the stricken language and strike "three" and insert "ten"

 

Amend the title as follows:

 

Page 1, line 3, delete "eliminating" and insert "modifying"

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Health and Human Services Finance.

 

      The report was adopted.

 

 

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

 

H. F. No. 1570, A bill for an act relating to mass transit; appropriating money for the suburb-to-suburb transit demonstration project.

 

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

 

      The report was adopted.


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1166

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

 

H. F. No. 1589, A bill for an act relating to transportation; clarifying window glazing exceptions for limousines; amending Minnesota Statutes 2016, section 169.71, subdivision 4.

 

Reported the same back with the following amendments:

 

Page 2, line 20, delete "and complies with the registration" and insert "that is registered in compliance with the"

 

 

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

 

      The report was adopted.

 

 

Scott from the Committee on Civil Law and Data Practices Policy to which was referred:

 

H. F. No. 1596, A bill for an act relating to data practices; delaying expiration of the legislative commission on data practices; amending Minnesota Statutes 2016, section 3.8843, subdivision 7.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 1636, A bill for an act relating to transportation; designating a segment of marked Trunk Highway 65 in Isanti County as Chip A. Imker Memorial Highway; amending Minnesota Statutes 2016, section 161.14, by adding a subdivision.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 1643, A bill for an act relating to Iron Range resources and rehabilitation; modifying duties of the commissioner; creating a legislative commission; making conforming changes; amending Minnesota Statutes 2016, sections 3.732, subdivision 1; 3.736, subdivision 3; 15.01; 15.38, subdivision 7; 15A.0815, subdivision 3; 43A.02, subdivision 22; 85.0146, subdivision 1; 116D.04, subdivision 1a; 116J.423, subdivision 2; 116J.424; 116J.994, subdivisions 3, 5, 7; 216B.161, subdivision 1; 216B.1694, subdivision 1; 276A.01, subdivisions 8, 17; 276A.06, subdivision 8; 282.38, subdivisions 1, 3; 298.001, subdivision 8, by adding a subdivision; 298.018, subdivision 1; 298.17; 298.22, subdivisions 1, 1a, 5a, 6, 10, 11, by adding subdivisions; 298.221; 298.2211, subdivisions 3, 6;


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1167

298.2212; 298.2214, subdivision 2; 298.223; 298.227; 298.27; 298.28, subdivisions 7, 7a, 9c, 9d, 11; 298.292, subdivision 2; 298.296; 298.2961; 298.297; 298.46, subdivisions 2, 5, 6; 466.03, subdivision 6c; 469.310, subdivision 9; 474A.02, subdivision 21; Laws 2010, chapter 389, article 5, section 7; repealing Minnesota Statutes 2016, sections 298.22, subdivision 8; 298.2213; 298.298.

 

Reported the same back with the following amendments:

 

Page 22, line 29, delete everything after the period

 

Page 22, delete lines 30 and 31

 

Page 24, line 10, delete the colon

 

Page 24, line 11, delete "(1)" and delete "; and" and insert a period

 

Page 24, delete lines 12 and 13

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 1663, A bill for an act relating to education; modifying alternative teacher preparation and compensation programs; creating a Teacher Shortage Task Force; expanding the concurrent enrollment teacher program; requiring a report; appropriating money; amending Minnesota Statutes 2016, sections 122A.245, subdivisions 1, 2, 3, 10; 122A.414, by adding a subdivision; 122A.415; 136A.1791, subdivisions 1, 2, 9; Laws 2016, chapter 189, article 25, sections 58; 62, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 136A.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 1689, A bill for an act relating to local government; permitting city and town expenditures for city and town historical societies; amending Minnesota Statutes 2016, section 138.053.

 

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

 

      The report was adopted.

 

 

Schomacker from the Committee on Health and Human Services Reform to which was referred:

 

H. F. No. 1703, A bill for an act relating to health care; increasing the medical assistance reimbursement rate for public health nurse home visits; proposing coding for new law in Minnesota Statutes, chapter 256B.

 

Reported the same back with the following amendments:


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1168

Delete everything after the enacting clause and insert:

 

"Section 1.  [256B.7635] REIMBURSEMENT FOR EVIDENCE-BASED PUBLIC HEALTH NURSE HOME VISITS.

 

Effective for services provided on or after January 1, 2018, prenatal and postpartum follow-up home visits provided by public health nurses or registered nurses supervised by a public health nurse using evidence-based models shall be paid a minimum of $140 per visit.  Evidence-based postpartum follow-up home visits must be administered by home visiting programs that meet the United States Department of Health and Human Services criteria for evidence-based models and are identified by the commissioner of health as eligible to be implemented under the Maternal, Infant, and Early Childhood Home Visiting program.  Home visits must target mothers and their children beginning with prenatal visits through age three for the child."

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Health and Human Services Finance.

 

      The report was adopted.

 

 

Fabian from the Committee on Environment and Natural Resources Policy and Finance to which was referred:

 

H. F. No. 1731, A bill for an act relating to clean water; appropriating money from the clean water fund.

 

Reported the same back with the following amendments:

 

Page 1, after line 3, insert:

 

"ARTICLE 1

CLEAN WATER FUND"

 

Page 1, lines 6, 8, and 12, delete "act" and insert "article"

 

Page 19, after line 12, insert:

 

"ARTICLE 2

PARKS AND TRAILS FUND

 

Section 1.  PARKS AND TRAILS FUND APPROPRIATIONS. 

 

The sums shown in the columns marked "Appropriations" are appropriated to the agencies and for the purposes specified in this article.  The appropriations are from the parks and trails fund and are available for the fiscal years indicated for each purpose.  The figures "2018" and "2019" used in this article mean that the appropriations listed under them are available for the fiscal year ending June 30, 2018, or June 30, 2019, respectively.  "The first year" is fiscal year 2018.  "The second year" is fiscal year 2019.  "The biennium" is fiscal years 2018 and 2019.  All appropriations in this article are onetime.

 

 

 

 

APPROPRIATIONS

 

 

 

Available for the Year

 

 

 

Ending June 30

 

 

 

2018

2019

 

Sec. 2.  PARKS AND TRAILS

 

 

 

 


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1169

Subdivision 1.  Total Appropriation

 

$42,380,000

 

$45,022,000

 

The amounts that may be spent for each purpose are specified in the following sections.

 

Subd. 2.  Availability of Appropriation

 

 

 

 

 

Money appropriated in this article may not be spent on activities unless they are directly related to and necessary for a specific appropriation.  Money appropriated in this article must be spent in accordance with Minnesota Management and Budget's Guidance to Agencies on Legacy Fund Expenditure.  Notwithstanding Minnesota Statutes, section 16A.28, and unless otherwise specified in this article, fiscal year 2018 appropriations are available until June 30, 2020, and fiscal year 2019 appropriations are available until June 30, 2021.  If a project receives federal funds, the time period of the appropriation is extended to equal the availability of federal funding.

 

Subd. 3.  Disability Access

 

 

 

 

 

Where appropriate, grant recipients of parks and trails funds, in consultation with the Council on Disability and other appropriate governor-appointed disability councils, boards, committees, and commissions, should make progress toward providing greater access to programs, print publications, and digital media for people with disabilities related to the programs the recipient funds using appropriations made in this article.

 

Sec. 3.  DEPARTMENT OF NATURAL RESOURCES

$25,632,000

 

$27,232,000

 

(a) $16,741,000 the first year and $17,790,000 the second year are for state parks, recreation areas, and trails to:

 

(1) connect people to the outdoors;

 

(2) acquire land and create opportunities;

 

(3) maintain existing holdings; and

 

(4) improve cooperation by coordinating with partners to implement the 25-year long-range parks and trails legacy plan.

 

(b) $8,370,000 the first year and $8,894,000 the second year are for grants for parks and trails of regional significance outside the seven-county metropolitan area under Minnesota Statutes, section 85.535.  The grants must be based on the recommendations to the commissioner from the Greater Minnesota Regional Parks and Trails Commission established under Minnesota Statutes, section 85.536.  Grants funded under this paragraph must support parks and trails of regional or statewide significance that meet the


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1170

applicable definitions and criteria for regional parks and trails contained in the Greater Minnesota Regional Parks and Trails Strategic Plan adopted by the Greater Minnesota Regional Parks and Trails Commission on April 22, 2015.  Grant recipients identified under this paragraph must submit a grant application to the commissioner of natural resources.  Up to 2.5 percent of the appropriation may be used by the commissioner for the actual cost of issuing and monitoring the grants for the commission.  Of the amount appropriated, $424,000 in fiscal year 2018 and $399,000 in fiscal year 2019 are for the Greater Minnesota Regional Parks and Trails Commission to carry out its duties under Minnesota Statutes, section 85.536, including the continued development of a statewide system plan for regional parks and trails outside the seven-county metropolitan area.

 

(c) By January 15, 2018, the Greater Minnesota Regional Parks and Trails Commission shall submit a list of projects, ranked in priority order, that contains the commission's recommendations for funding from the parks and trails fund for fiscal year 2019 to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over the environment and natural resources and the parks and trails fund.

 

(d) By January 15, 2018, the Greater Minnesota Regional Parks and Trails Commission shall submit a report that contains the commission's criteria for funding from the parks and trails fund, including the criteria used to determine if a park or trail is of regional significance, to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over the environment and natural resources and the parks and trails fund.

 

(e) $521,000 the first year and $548,000 the second year are for coordination and projects between the department, the Metropolitan Council, and the Greater Minnesota Regional Parks and Trails Commission; enhanced Web-based information for park and trail users; and support of activities of the Parks and Trails Legacy Advisory Committee.

 

(f) The commissioner shall contract for services with Conservation Corps Minnesota for restoration, maintenance, and other activities under this section for at least $1,000,000 the first year and $1,000,000 the second year.

 

(g) The implementing agencies receiving appropriations under this section shall give consideration to contracting with Conservation Corps Minnesota for restoration, maintenance, and other activities.


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1171

Sec. 4.  METROPOLITAN COUNCIL

 

$16,741,000

 

$17,790,000

 

(a) $16,741,000 the first year and $17,790,000 the second year are for distribution according to Minnesota Statutes, section 85.53, subdivision 3.

 

(b) Money appropriated under this section and distributed to implementing agencies must be used to fund the list of recommended projects in the report submitted pursuant to Laws 2013, chapter 137, article 3, section 4, paragraph (o).  Projects funded by the money appropriated under this section must be substantially consistent with the project descriptions and dollar amounts in the report.  Any funds remaining after completion of the listed projects may be spent by the implementing agencies on projects to support parks and trails.

 

(c) Grant agreements entered into by the Metropolitan Council and recipients of money appropriated under this section must ensure that the funds are used to supplement and not substitute for traditional sources of funding.

 

(d) The implementing agencies receiving appropriations under this section shall give consideration to contracting with Conservation Corps Minnesota for restoration, maintenance, and other activities.

 

Sec. 5.  LEGISLATURE

 

$7,000

 

 

 

$7,000 the first year is for the Legislative Coordinating Commission for the Web site required in Minnesota Statutes, section 3.303, subdivision 10."

 

Amend the title as follows:

 

Page 1, line 2, delete everything after "to" and insert "legacy funding; appropriating money from clean water fund and parks and trails fund."

 

Correct the title numbers accordingly

 

 

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

 

      The report was adopted.


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1172

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

 

H. F. No. 1745, A bill for an act relating to transportation; establishing a Metro Mobility Enhancement Task Force; requiring a legislative report.

 

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.

 

 

Scott from the Committee on Civil Law and Data Practices Policy to which was referred:

 

H. F. No. 1751, A bill for an act relating to taxation; providing for certain disclosures by the commissioner of revenue; amending Minnesota Statutes 2016, section 270B.14, subdivision 1, by adding subdivisions.

 

Reported the same back with the following amendments:

 

Page 1, after line 5, insert:

 

"Section 1.  Minnesota Statutes 2016, section 13.51, subdivision 2, is amended to read:

 

Subd. 2.  Income property assessment data.  The following data collected by political subdivisions and the state from individuals or business entities concerning income properties are classified as private or nonpublic data pursuant to section 13.02, subdivisions 9 and 12:

 

(a) detailed income and expense figures;

 

(b) average vacancy factors;

 

(c) verified net rentable areas or net usable areas, whichever is appropriate;

 

(d) anticipated income and expenses;

 

(e) projected vacancy factors; and

 

(f) lease information.

 

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

 

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 2, after the semicolon, insert "classifying income property assessment data collected by the state;"

 

Correct the title numbers accordingly

 

 

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

 

      The report was adopted.


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1173

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

 

H. F. No. 1803, A bill for an act relating to transportation; expanding eligibility for firefighter special plates; amending Minnesota Statutes 2016, section 168.12, subdivision 2b.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 1826, A bill for an act relating to education; abolishing the Perpich Center for Arts Education; creating a position within the Department of Education; planning for conveyance of the Perpich Arts High School and Crosswinds Arts and Science School; amending Minnesota Statutes 2016, sections 43A.08, subdivisions 1, 1a; 122A.416; 123A.30, subdivision 6; 124D.05, subdivision 3; 297A.70, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 127A; repealing Minnesota Statutes 2016, sections 129C.10; 129C.105; 129C.15; 129C.20; 129C.25; 129C.26; 129C.30; Minnesota Rules, parts 3600.0010, subparts 1, 2, 2a, 2b, 3, 6; 3600.0020; 3600.0030, subparts 1, 2, 4, 6; 3600.0045; 3600.0055; 3600.0065; 3600.0075; 3600.0085.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 1833, A bill for an act relating to motor vehicles; exempting certain emergency vehicles from motor vehicle size, weight, and load restrictions; making technical changes; amending Minnesota Statutes 2016, sections 169.80, subdivision 1; 169.829, by adding a subdivision.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Public Safety and Security Policy and Finance.

 

      The report was adopted.

 

 

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

 

H. F. No. 1842, A bill for an act relating to transportation; providing for corridors of commerce program eligibility.

 

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

 

      The report was adopted.


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1174

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

 

H. F. No. 1844, A bill for an act relating to transportation; providing for grants for freight railroad preservation and improvement; appropriating money; amending Minnesota Statutes 2016, section 222.50, by adding a subdivision.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 1866, A bill for an act relating to metropolitan government; modifying governance of the Metropolitan Council; establishing a farebox recovery objective for certain Twin Cities metropolitan area transit; prohibiting the Metropolitan Council from undertaking a light rail project without explicit legislative authority; allowing consideration of reasonableness of system plans in the Metropolitan Land Planning Act; establishing requirements governing light rail transit project development; requiring the Metropolitan Council to revise the transportation policy plan; amending Minnesota Statutes 2016, sections 473.123; 473.13, subdivision 1; 473.146, subdivisions 3, 4; 473.249, subdivision 2; 473.3994, by adding subdivisions; 473.857, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 398A; 471; 473.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 1890, A bill for an act relating to legislative salaries; creating a standing appropriation; proposing coding for new law in Minnesota Statutes, chapter 15A.

 

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. 1922, A bill for an act relating to motor vehicles; increasing registration tax by $125 on electric vehicles; amending Minnesota Statutes 2016, section 168.013, subdivision 1a.

 

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

 

      The report was adopted.


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1175

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

 

H. F. No. 1947, A bill for an act relating to commerce; regulating insurance adjusters; modifying the definition of adjuster; amending Minnesota Statutes 2016, section 72B.03, subdivision 1.

 

Reported the same back with the following amendments:

 

Page 2, line 27, delete everything after "(15)" and insert "a person who:"

 

Page 2, after line 27, insert:

 

"(i) reports claims information to a policyholder on behalf of and at the direction of an insurer;

 

(ii) disburses claims payments on behalf of an insurer to a policyholder or a policyholder's vendor; or

 

(iii) provides claims or market data to insurers."

 

Page 2, delete lines 28 to 31

 

Page 3, delete lines 1 to 5

 

 

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. 1956, A bill for an act relating to transportation; requiring the use of remaining service life in pavement management processes; amending Minnesota Statutes 2016, section 174.185, by adding a subdivision.

 

Reported the same back with the following amendments:

 

Page 1, line 20, after "process" insert "and an implementation plan"

 

Page 1, line 21, after the period, insert "The implementation plan must be signed by a professional engineer licensed in Minnesota."

 

 

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

 

      The report was adopted.


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1176

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

 

H. F. No. 2000, A bill for an act relating to metropolitan government; transferring all long-range transportation planning functions from the Metropolitan Council to the Department of Transportation; amending Minnesota Statutes 2016, sections 174.03, by adding a subdivision; 473.145; 473.146; 473.1466; 473.166; 473.167, subdivision 2; 473.168, subdivision 2; 473.181, subdivision 5; 473.192, subdivision 2; 473.375, subdivision 9a.

 

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.

 

 

Hamilton from the Committee on Agriculture Finance to which was referred:

 

H. F. No. 2031, A bill for an act relating to capital investment; appropriating money for shade tree replacement; authorizing the sale and issuance of state bonds.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 2058, A bill for an act relating to eminent domain; eliminating certain procedural exceptions for construction or expansion of light rail or bus rapid transit lines; modifying appraisal fees; amending Minnesota Statutes 2016, section 117.189.

 

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.

 

 

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

 

H. F. No. 2229, A bill for an act relating to transportation; authorizing the Metropolitan Council and counties to contract for use of railroad or mass transit right-of-way; regulating civil liability; proposing coding for new law in Minnesota Statutes, chapter 473.

 

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

 

      The report was adopted.


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1177

SECOND READING OF HOUSE BILLS

 

 

      H. F. Nos. 5, 369, 474, 706, 952, 994, 1294, 1419, 1559, 1589, 1689, 1890 and 1947 were read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

Runbeck, Lohmer, Hertaus and Koznick introduced:

 

H. F. No. 2273, A bill for an act relating to taxation; individual income; modifying tax rates and updating brackets to current amounts; amending Minnesota Statutes 2016, section 290.06, subdivisions 2c, 2d.

 

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

 

 

Albright introduced:

 

H. F. No. 2274, A bill for an act relating to capital investment; establishing a grant program for the development of regional behavioral health crisis programs in selected communities; authorizing the sale and issuance of state bonds; appropriating money; proposing coding for new law as Minnesota Statutes, chapter 245G.

 

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

 

 

Nornes introduced:

 

H. F. No. 2275, A bill for an act relating to game and fish; allowing two lines for angling to take fish with second-line endorsement; amending Minnesota Statutes 2016, section 97C.315, subdivision 1.

 

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

 

 

Poston, Torkelson and Dettmer introduced:

 

H. F. No. 2276, A bill for an act relating to veterans; designating July 16 as Atomic Veterans Day; proposing coding for new law in Minnesota Statutes, chapter 10.

 

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

 

 

Poston and Hamilton introduced:

 

H. F. No. 2277, A bill for an act relating to agriculture; establishing a pilot program to provide grants to prevent wolf-livestock conflict; appropriating money.

 

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


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1178

Baker introduced:

 

H. F. No. 2278, A bill for an act relating to energy; exempting certain cooperative electric associations and municipal utilities from participation in the state energy conservation program; amending Minnesota Statutes 2016, section 216B.241, subdivisions 1b, 1c, 2, 5, 5d, 7.

 

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

 

 

Ecklund introduced:

 

H. F. No. 2279, A bill for an act relating to game and fish; establishing moratorium on public access acquisitions; amending Minnesota Statutes 2016, section 97A.141, subdivision 1.

 

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

 

 

Hornstein introduced:

 

H. F. No. 2280, A bill for an act relating to transportation; providing for railroad and pipeline transportation incident preparedness, information availability, training, coordination, and inspections; modifying assessments; providing for data practices; making technical changes; requiring a report; amending Minnesota Statutes 2016, sections 13.6905, by adding a subdivision; 115E.042, subdivisions 2, 3, 4, 5, 6; 219.015; 299A.55; proposing coding for new law in Minnesota Statutes, chapter 219.

 

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

 

 

Maye Quade introduced:

 

H. F. No. 2281, A bill for an act relating to health; prohibiting conversion therapy with children or vulnerable adults; prohibiting medical assistance coverage for conversion therapy; amending Minnesota Statutes 2016, section 256B.0625, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 214.

 

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

 

 

Kiel introduced:

 

H. F. No. 2282, A bill for an act relating to taxation; solid waste management; requiring a rebate of the solid waste management tax for materials removed from the waste stream for recycling, composting, or reuse; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 297H.

 

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


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1179

Hausman introduced:

 

H. F. No. 2283, A bill for an act relating to natural resources; imposing restrictions on permits to mine sulfide ore bodies; proposing coding for new law in Minnesota Statutes, chapter 93.

 

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

 

 

Metsa and Ecklund introduced:

 

H. F. No. 2284, A bill for an act relating to agriculture; modifying the definition of farming for agricultural development; amending Minnesota Statutes 2016, section 41C.02, subdivision 10.

 

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

 

 

O'Driscoll and Hoppe introduced:

 

H. F. No. 2285, A bill for an act relating to insurance; regulating rates; modifying depreciation calculations; amending Minnesota Statutes 2016, section 70A.06, by adding a subdivision.

 

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

 

 

Schomacker, Kresha, Nelson, Davids, Fenton, Kiel, Cornish, Mahoney, Hamilton, Freiberg and Theis introduced:

 

H. F. No. 2286, A bill for an act relating to state government; ratifying a labor agreement for individual providers of direct support services.

 

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

 

 

Quam introduced:

 

H. F. No. 2287, A bill for an act relating to claims against the state; providing for settlement of certain claims; appropriating money.

 

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

 

 

Hilstrom introduced:

 

H. F. No. 2288, A bill for an act relating to criminal justice; appropriating money for training emergency responders.

 

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 - 27th Day - Thursday, March 9, 2017 - Top of Page 1180

Dettmer introduced:

 

H. F. No. 2289, A bill for an act relating to retirement; public employees police and fire plan; extending the disability benefit application deadline for certain city of Minneapolis police officers.

 

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

 

 

Knoblach introduced:

 

H. F. No. 2290, A bill for an act relating to local government; modifying the manner of compensation for examiner and deputy examiner of titles in Sherburne County; amending Minnesota Statutes 2016, section 508.12, subdivision 1.

 

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

 

 

Bahr, C.; Drazkowski; Baker and Newberger introduced:

 

H. F. No. 2291, A bill for an act relating to energy; amending the state greenhouse gas emissions goals; amending Minnesota Statutes 2016, sections 3.8851, subdivision 3; 116J.437, subdivision 1; 216B.2422, subdivisions 2c, 4; 216H.02, subdivision 1; 216H.021, subdivision 1; 216H.07; repealing Minnesota Statutes 2016, section 216H.02, subdivisions 2, 3, 4, 5, 6.

 

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

 

 

Gruenhagen and Urdahl introduced:

 

H. F. No. 2292, A bill for an act relating to environment; providing for labeling of certain nonwoven disposable products; proposing coding for new law in Minnesota Statutes, chapter 325E.

 

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

 

 

Neu, by request, introduced:

 

H. F. No. 2293, A bill for an act relating to state government; requiring a contracting agency to meet with vendors prior to issuing a notice of proposed contract; amending Minnesota Statutes 2016, sections 15.061; 16C.08, subdivision 3.

 

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


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1181

Metsa introduced:

 

H. F. No. 2294, A bill for an act relating to mining; modifying safety measures at abandoned mines; amending Minnesota Statutes 2016, sections 180.03, subdivisions 2, 3, 4; 180.10.

 

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

 

 

Thissen introduced:

 

H. F. No. 2295, A bill for an act relating to state government; clarifying the accessibility requirements for public data under the Minnesota Government Data Practices Act; expanding the application of electronic information accessibility standards to Minnesota state colleges and universities and school districts; providing a process for responding to accessibility complaints; amending Minnesota Statutes 2016, sections 13.03, subdivision 1; 16E.03, subdivision 9, by adding a subdivision.

 

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

 

 

Metsa and Ecklund introduced:

 

H. F. No. 2296, A bill for an act relating to taxation; minerals; modifying apportionment of occupation taxes; amending Minnesota Statutes 2016, section 298.17.

 

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

 

 

Hansen introduced:

 

H. F. No. 2297, A bill for an act relating to taxation; tax increment financing; authorizing a retroactive approval of interfund loan.

 

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

 

 

Nash introduced:

 

H. F. No. 2298, A bill for an act relating to state government; establishing a Legislative Commission to Review Consolidation of the State's Information Technology; requiring a report.

 

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

 

 

Theis and Bly introduced:

 

H. F. No. 2299, A bill for an act relating to human services; appropriating money for family assets for independence.

 

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


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1182

Garofalo introduced:

 

H. F. No. 2300, A bill for an act relating to energy; repealing the state's biomass mandate; providing for continued governance for current mandate projects; repealing Minnesota Statutes 2016, section 216B.2424.

 

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

 

 

Lueck, Ecklund, Layman, Metsa and Nornes introduced:

 

H. F. No. 2301, A bill for an act relating to natural resources; appropriating money for Natural Resources Research Institute.

 

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

 

 

Bliss introduced:

 

H. F. No. 2302, A bill for an act relating to state government; appropriating money for Veterans' Voices radio programming.

 

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

 

 

Albright introduced:

 

H. F. No. 2303, A bill for an act relating to capital investment; authorizing housing infrastructure bonds; appropriating money; amending Minnesota Statutes 2016, section 462A.37, subdivision 5, by adding a subdivision.

 

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

 

 

Franson, Schomacker, Metsa and Flanagan introduced:

 

H. F. No. 2304, A bill for an act relating to health; authorizing the use of certain handheld portable x-ray systems in facilities; 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.

 

 

Garofalo introduced:

 

H. F. No. 2305, A bill for an act relating to taxation; modifying the requirements for the tax incidence study; requiring a report; appropriating money; amending Minnesota Statutes 2016, section 270C.13, subdivision 1.

 

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


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1183

Garofalo introduced:

 

H. F. No. 2306, A bill for an act relating to elections; modifying procedures for absentee voting; amending Minnesota Statutes 2016, sections 203B.081, subdivisions 1, 3; 203B.085; 204B.35, subdivision 4.

 

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

 

 

Poston and Kresha introduced:

 

H. F. No. 2307, A bill for an act relating to capital investment; appropriating money for demolition of the Eagle Bend High School; authorizing the sale and issuance of state bonds.

 

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

 

 

Poston and Kresha introduced:

 

H. F. No. 2308, A bill for an act relating to education; modifying the procedures for dissolution and attachment of school districts; authorizing the Eagle Valley School District to issue bonds for its reorganization operating debt; providing for transition aid for districts attaching territory of the Eagle Valley School District; amending Minnesota Statutes 2016, section 123A.73, subdivision 2; repealing Minnesota Statutes 2016, section 123A.73, subdivision 3.

 

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

 

 

Lesch introduced:

 

H. F. No. 2309, A bill for an act relating to public safety; enabling the reporting of information related to the use of electronic device location tracking warrants; amending Minnesota Statutes 2016, sections 626A.08, subdivision 2; 626A.37, subdivision 4.

 

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

 

 

Gruenhagen introduced:

 

H. F. No. 2310, A bill for an act relating to construction licensing; modifying registration of unlicensed individuals performing electrical work; amending Minnesota Statutes 2016, section 326B.33, subdivision 13.

 

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

 

 

Sundin, Wagenius, Ecklund, Metsa, Becker-Finn and Murphy, M., introduced:

 

H. F. No. 2311, A bill for an act relating to tourism; appropriating money to Explore Minnesota Tourism; amending Laws 2015, First Special Session chapter 1, article 1, section 4, as amended.

 

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 - 27th Day - Thursday, March 9, 2017 - Top of Page 1184

Jessup introduced:

 

H. F. No. 2312, A bill for an act relating to liquor; authorizing the city of St. Paul to issue a temporary on-sale intoxicating liquor license on the grounds of the State Capitol on the day of the Twin Cities Marathon; amending Laws 1999, chapter 202, section 13, as amended.

 

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

 

 

Christensen introduced:

 

H. F. No. 2313, A bill for an act relating to higher education; appropriating money for tuition reductions at Minnesota State Colleges.

 

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

 

 

Davids introduced:

 

H. F. No. 2314, A bill for an act relating to taxation; tobacco; 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.

 

 

Lillie and Layman introduced:

 

H. F. No. 2315, A bill for an act relating to legacy; appropriating money for Minnesota State Council on Disability.

 

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

 

 

Johnson, C.; Sundin and Sauke introduced:

 

H. F. No. 2316, A bill for an act relating to transportation; modifying provisions governing transportation policy and finance; amending a fee; establishing an account; appropriating money; authorizing the sale and issuance of state bonds; amending Minnesota Statutes 2016, sections 161.088, subdivision 5; 174.03, subdivisions 1a, 1c; 174.50, subdivision 5, by adding a subdivision; Laws 2015, chapter 75, article 1, section 3, subdivision 3.

 

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

 

 

Knoblach and Theis introduced:

 

H. F. No. 2317, A bill for an act relating to transportation; appropriating money to study the feasibility of expanding or reconstructing marked Interstate Highway 94 between the cities of St. Michael and St. Cloud.

 

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


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1185

Ward and Becker-Finn introduced:

 

H. F. No. 2318, A bill for an act relating to environment; encouraging low-emission and zero-emission school buses; providing grants for emission reduction activities; providing for disposition of certain settlement revenue; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 116.

 

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

 

 

Hertaus introduced:

 

H. F. No. 2319, A bill for an act relating to courts; lowering certain court-related fees; amending Minnesota Statutes 2016, sections 357.021, subdivision 2; 357.022.

 

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

 

 

Howe introduced:

 

H. F. No. 2320, A bill for an act relating to construction licensing; modifying employment requirements for unlicensed individuals and journeyman electricians; amending Minnesota Statutes 2016, section 326B.33, subdivisions 2, 12.

 

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

 

 

Hertaus introduced:

 

H. F. No. 2321, A bill for an act relating to taxation; income; modifying the small business investment credit to include a credit for qualifying investments in pediatric medical device businesses; amending Minnesota Statutes 2016, sections 116J.8737, subdivisions 1, 2, 5, 9; 290.0692, subdivision 2.

 

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

 

 

Albright and Halverson introduced:

 

H. F. No. 2322, A bill for an act relating to elections; authorizing jurisdictions to adopt ranked-choice voting; establishing procedures for adoption, implementation, and use of ranked-choice voting; authorizing rulemaking; amending Minnesota Statutes 2016, sections 205.13, subdivision 2; 206.83; 206.89, subdivisions 2, 3; proposing coding for new law in Minnesota Statutes, chapter 206; proposing coding for new law as Minnesota Statutes, chapter 204E.

 

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


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1186

Dean, M., introduced:

 

H. F. No. 2323, A bill for an act relating to human services; repealing MinnesotaCare; amending Minnesota Statutes 2016, sections 256.98, subdivision 1; 256B.021, subdivision 4; 270A.03, subdivision 5; 270B.14, subdivision 1; repealing Minnesota Statutes 2016, sections 13.461, subdivision 26; 16A.724, subdivisions 3, 4; 62A.046, subdivision 5; 256L.01, subdivisions 1, 1a, 1b, 2, 3, 3a, 5, 6, 7; 256L.02, subdivisions 1, 2, 5, 6; 256L.03, subdivisions 1, 1a, 1b, 2, 3, 3a, 3b, 4, 4a, 5, 6; 256L.04, subdivisions 1, 1a, 1c, 2, 7, 7a, 7b, 10, 12, 13, 14; 256L.05, subdivisions 1, 1a, 2, 2a, 3, 3a, 4, 6; 256L.06, subdivision 3; 256L.07, subdivisions 1, 2, 3, 4; 256L.09, subdivisions 1, 2, 4, 5, 6, 7; 256L.10; 256L.11, subdivisions 1, 2, 2a, 3, 4, 7; 256L.12; 256L.121; 256L.15, subdivisions 1, 1a, 1b, 2; 256L.18.

 

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

 

 

Flanagan introduced:

 

H. F. No. 2324, A bill for an act relating to human services; appropriating money for peer-run respite services.

 

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

 

 

Baker introduced:

 

H. F. No. 2325, A bill for an act relating to human services; limiting the use of pain assessments for purposes of determining provider payments; amending Minnesota Statutes 2016, section 256B.072.

 

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

 

 

Johnson, S., introduced:

 

H. F. No. 2326, A bill for an act relating to Mississippi River Parkway Commission; modifying commission member terms; modifying the commission expiration date; amending Minnesota Statutes 2016, sections 161.1419, subdivisions 2, 8; 161.20, subdivision 3.

 

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

 

 

Johnson, S., and Hamilton introduced:

 

H. F. No. 2327, A bill for an act relating to agriculture; appropriating money to renovate the GROW-IT Center.

 

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


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1187

MOTIONS AND RESOLUTIONS

 

 

      Davnie moved that the name of Murphy, M., be added as an author on H. F. No. 146.  The motion prevailed.

 

      Hertaus moved that the name of Lillie be added as an author on H. F. No. 180.  The motion prevailed.

 

      Dettmer moved that the name of Gunther be added as an author on H. F. No. 226.  The motion prevailed.

 

      Albright moved that the name of Moran be added as an author on H. F. No. 482.  The motion prevailed.

 

      Pierson moved that the names of Albright, Lillie and Hornstein be added as authors on H. F. No. 774.  The motion prevailed.

 

      Loon moved that the name of Lillie be added as an author on H. F. No. 890.  The motion prevailed.

 

      Urdahl moved that the name of Lillie be added as an author on H. F. No. 892.  The motion prevailed.

 

      Kiel moved that the name of Albright be added as an author on H. F. No. 952.  The motion prevailed.

 

      Anderson, P., moved that the name of Bennett be added as an author on H. F. No. 1039.  The motion prevailed.

 

      Baker moved that the name of Lillie be added as an author on H. F. No. 1043.  The motion prevailed.

 

      Thissen moved that the name of Howe be added as an author on H. F. No. 1065.  The motion prevailed.

 

      Gruenhagen moved that his name be stricken as an author on H. F. No. 1180.  The motion prevailed.

 

      Davids moved that the name of Maye Quade be added as an author on H. F. No. 1234.  The motion prevailed.

 

      Allen moved that the name of Clark be added as an author on H. F. No. 1402.  The motion prevailed.

 

      Fabian moved that the name of Sundin be added as an author on H. F. No. 1535.  The motion prevailed.

 

      Peterson moved that the name of Lillie be added as an author on H. F. No. 1569.  The motion prevailed.

 

      Hoppe moved that the name of Runbeck be added as an author on H. F. No. 1612.  The motion prevailed.

 

      Hansen moved that the names of Flanagan; Halverson; Koegel; Lien; Johnson, S.; Hausman; Murphy, M.; Sundin and Ecklund be added as authors on H. F. No. 1621.  The motion prevailed.

 

      Bennett moved that the names of Pugh and Moran be added as authors on H. F. No. 1680.  The motion prevailed.

 

      Moran moved that the name of Ecklund be added as an author on H. F. No. 1699.  The motion prevailed.

 

      Lueck moved that the name of Metsa be added as an author on H. F. No. 1807.  The motion prevailed.

 

      Thissen moved that the name of Howe be added as an author on H. F. No. 1814.  The motion prevailed.


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1188

           Zerwas moved that the name of Nornes be added as an author on H. F. No. 1816.  The motion prevailed.

 

      Hansen moved that the names of Sundin and Ecklund be added as authors on H. F. No. 1857.  The motion prevailed.

 

      Freiberg moved that the names of West and Moran be added as authors on H. F. No. 1972.  The motion prevailed.

 

      Maye Quade moved that the name of Metsa be added as an author on H. F. No. 2030.  The motion prevailed.

 

      Pierson moved that the name of Mahoney be added as an author on H. F. No. 2031.  The motion prevailed.

 

      Pierson moved that the name of Mahoney be added as an author on H. F. No. 2032.  The motion prevailed.

 

      Anselmo moved that the name of Wills be added as an author on H. F. No. 2035.  The motion prevailed.

 

      Urdahl moved that the names of Moran, Hamilton and Theis be added as authors on H. F. No. 2077.  The motion prevailed.

 

      Franson moved that the name of Moran be added as an author on H. F. No. 2097.  The motion prevailed.

 

      Liebling moved that the name of Maye Quade be added as an author on H. F. No. 2101.  The motion prevailed.

 

      Lee moved that the name of Maye Quade be added as an author on H. F. No. 2110.  The motion prevailed.

 

      Albright moved that the name of Maye Quade be added as an author on H. F. No. 2115.  The motion prevailed.

 

      Pierson moved that the names of Lillie and Maye Quade be added as authors on H. F. No. 2117.  The motion prevailed.

 

      Urdahl moved that the names of Howe and Lillie be added as authors on H. F. No. 2119.  The motion prevailed.

 

      Cornish moved that the names of Clark and Lillie be added as authors on H. F. No. 2121.  The motion prevailed.

 

      Kresha moved that the name of Lillie be added as an author on H. F. No. 2140.  The motion prevailed.

 

      Ward moved that the name of Maye Quade be added as an author on H. F. No. 2161.  The motion prevailed.

 

      Hamilton moved that the name of Maye Quade be added as an author on H. F. No. 2167.  The motion prevailed.

 

      O'Neill moved that the name of Maye Quade be added as an author on H. F. No. 2176.  The motion prevailed.

 

      Loeffler moved that the name of Maye Quade be added as an author on H. F. No. 2182.  The motion prevailed.

 

      Kunesh-Podein moved that the name of Clark be added as an author on H. F. No. 2190.  The motion prevailed.

 

      Swedzinski moved that the name of Davnie be added as an author on H. F. No. 2219.  The motion prevailed.

 

      Allen moved that the name of Thissen be added as an author on H. F. No. 2223.  The motion prevailed.


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1189

           Loon moved that the names of Thissen and Pryor be added as authors on H. F. No. 2224.  The motion prevailed.

 

      Becker-Finn moved that the names of Lee and Hausman be added as authors on H. F. No. 2228.  The motion prevailed.

 

      Zerwas moved that the names of Freiberg and Thissen be added as authors on H. F. No. 2234.  The motion prevailed.

 

      Fischer moved that the name of Hausman be added as an author on H. F. No. 2243.  The motion prevailed.

 

      Maye Quade moved that the name of Clark be added as an author on H. F. No. 2246.  The motion prevailed.

 

      Murphy, E., moved that the names of Albright and Thissen be added as authors on H. F. No. 2256.  The motion prevailed.

 

      Clark moved that the name of Lee be added as an author on H. F. No. 2263.  The motion prevailed.

 

      Hamilton moved that H. F. No. 1385 be recalled from the Committee on Health and Human Services Reform and be re-referred to the Committee on Health and Human Services Finance.  The motion prevailed.

 

      Rarick moved that H. F. No. 2252 be recalled from the Committee on Public Safety and Security Policy and Finance and be re-referred to the Committee on Taxes.  The motion prevailed.

 

 

ADJOURNMENT

 

      Peppin moved that when the House adjourns today it adjourn until 3:30 p.m., Monday, March 13, 2017.  The motion prevailed.

 

      Peppin moved that the House adjourn.  The motion prevailed, and the Speaker declared the House stands adjourned until 3:30 p.m., Monday, March 13, 2017.

 

 

Patrick D. Murphy, Chief Clerk, House of Representatives


 


Journal of the House - 27th Day - Thursday, March 9, 2017 - Top of Page 1190