Journal of the House - 30th Day - Wednesday, March 15, 2017 - Top of Page 1369

STATE OF MINNESOTA

 

Journal of the House

 

NINETIETH SESSION - 2017

 

_____________________

 

THIRTIETH DAY

 

Saint Paul, Minnesota, Wednesday, March 15, 2017

 

 

      The House of Representatives convened at 12:15 p.m. and was called to order by Kurt Daudt, Speaker of the House.

 

      Prayer was offered by the Reverend Craig Hanson, Our Savior's Lutheran Church, Circle Pines, 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.

Anselmo

Applebaum

Backer

Bahr, C.

Baker

Barr, R.

Becker-Finn

Bennett

Bernardy

Bliss

Bly

Carlson, A.

Carlson, L.

Christensen

Clark

Considine

Cornish

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erickson

Fabian

Fenton

Fischer

Flanagan

Franke

Franson

Freiberg

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hornstein

Hortman

Howe

Jessup

Johnson, B.

Johnson, C.

Johnson, S.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Mariani

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

Scott

Slocum

Smith

Sundin

Swedzinski

Theis

Thissen

Torkelson

Uglem

Urdahl

Vogel

Ward

West

Whelan

Wills

Youakim

Zerwas

Spk. Daudt


 

      A quorum was present.

 

      Daniels, Halverson, Hamilton, Hoppe, Lesch, Schultz and Wagenius 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 - 30th Day - Wednesday, March 15, 2017 - Top of Page 1370

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Torkelson from the Committee on Transportation Finance 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 recommendation that the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Scott from the Committee on Civil Law and Data Practices 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 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. 464, A bill for an act relating to health; authorizing certified paraprofessionals to provide home care services; directing the commissioner of human services to seek federal approval for reimbursement of certified paraprofessionals who provide home care services; directing the commissioner of human services to establish procedure codes for reimbursement of certified paraprofessionals; amending Minnesota Statutes 2016, sections 144A.43, subdivision 3, by adding a subdivision; 144A.471, subdivisions 6, 7; 144A.472, subdivision 2; 144A.4792, subdivision 6; 144A.4795, by adding a subdivision.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  STUDY AND REPORT ON HOME CARE NURSING WORKFORCE SHORTAGE.

 

(a) The commissioner of health shall establish a working group to study and report on the shortage of registered nurses and licensed practical nurses available to provide low-complexity regular home care services to clients in need of such services, especially clients covered by medical assistance, and to provide recommendations for ways to address the workforce shortage.  The working group shall consist of at least the following members:

 

(1) one representative from the Professional Home Care Coalition;

 

(2) one representative from the Minnesota Home Care Association;

 

(3) one representative from the Minnesota Board of Nursing;


Journal of the House - 30th Day - Wednesday, March 15, 2017 - Top of Page 1371

(4) one representative from the Minnesota Nurses Association;

 

(5) one representative from the Minnesota Licensed Practical Nurses Association;

 

(6) one representative from the Minnesota Society of Medical Assistants;

 

(7) two members of the senate, one appointed by the majority leader and one appointed by the minority leader;

 

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

 

(9) one client who receives regular home care nursing services and is covered by medical assistance;

 

(10) one representative from the Department of Human Services; and

 

(11) one county public health nurse who is a certified assessor.

 

(b) The commissioner shall convene the first meeting of the working group no later than August 15, 2017, and shall provide staff support and meeting space for the working group.  The Department of Health and the Department of Human Services shall provide technical assistance to the working group including providing data documenting the current and projected workforce shortages in the area of regular home care nursing.  The home care and assisted living program advisory council established under Minnesota Statutes, section 144A.4799, shall provide advice and recommendations to the working group.  Working group members shall serve without compensation.

 

(c) The working group shall:

 

(1) quantify the number of low-complexity regular home care nursing hours that are authorized but not provided to clients covered by medical assistance, due to the shortage of registered nurses and licensed practical nurses available to provide these home care services;

 

(2) quantify the current and projected workforce shortages of registered nurses and licensed practical nurses available to provide low-complexity regular home care nursing services to clients, especially clients covered by medical assistance;

 

(3) develop recommendations for actions to take in the next two years to address the regular home care nursing workforce shortage, including identifying other health care professionals who may be able to provide low‑complexity regular home care nursing services with additional training; what additional training may be necessary for these health care professionals; and how to address scope of practice and licensing issues;

 

(4) compile reimbursement rates for regular home care nursing from other states and determine Minnesota's national ranking with respect to reimbursement for regular home care nursing;

 

(5) determine whether reimbursement rates for regular home care nursing fully reimburse providers for the cost of providing the service and whether the discrepancy, if any, between rates and costs contributes to lack of access to regular home care nursing; and

 

(6) by January 15, 2018, report on the findings and recommendations of the working group to the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services policy and finance.  The working group's report shall include draft legislation.

 

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


Journal of the House - 30th Day - Wednesday, March 15, 2017 - Top of Page 1372

Delete the title and insert:

 

"A bill for an act relating to health; creating a working group to study home care nursing workforce shortage; requiring a report."

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 481, A bill for an act relating to human services; modifying the personal care assistance program; amending Minnesota Statutes 2016, section 256B.0659, subdivisions 1, 2, 11, 21.

 

Reported the same back with the following amendments:

 

Page 1, line 18, after the semicolon, insert "and"

 

Page 1, line 19, delete "successfully completes the training or" and insert "is qualified to provide complex personal care assistance services under subdivision 11, paragraph (d)."

 

Page 1, delete lines 20 and 21

 

Page 2, delete line 1

 

Page 7, delete lines 1 to 3 and insert:

 

"(d) A personal care assistant is qualified to provide complex personal care assistance services as defined in subdivision 1, paragraph (e), if the personal care assistant:

 

(1) provides services according to the care plan in subdivision 7 to an individual described in subdivision 1, paragraph (e), clause (1); and

 

(2) beginning July 1, 2018, satisfies the current requirements of Medicare for training and competency or competency evaluation of home health aides or nursing assistants, as provided by Code of Federal Regulations, title 42, section 483.151 or 484.36, or alternative comparable state approved training and competency requirements."

 

Page 7, before line 4, insert:

 

"Sec. 4.  Minnesota Statutes 2016, section 256B.0659, is amended by adding a subdivision to read:

 

Subd. 17a.  Rate for complex personal care assistance services.  The rate paid to a provider for complex personal care assistance services shall be 120 percent of the rate paid for personal care assistance services."

 

Page 8, delete line 11 and insert "under subdivision 11, paragraph (d), if"


Journal of the House - 30th Day - Wednesday, March 15, 2017 - Top of Page 1373

Renumber the sections in sequence

 

Correct the title numbers accordingly

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 630, A bill for an act relating to local government; providing aid for out-of-home placement costs of children under the Indian Child Welfare Act; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 477A.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 745, A bill for an act relating to transportation; designating the bridge over U.S. Highway 52 in the city of Coates as Corporal Benjamin S. Kopp Bridge; 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 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. 812, A bill for an act relating to health; requiring licensure of certain facilities that perform abortions; requiring a licensing fee; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 145.

 

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 - 30th Day - Wednesday, March 15, 2017 - Top of Page 1374

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

 

H. F. No. 846, A bill for an act relating to human services; establishing the unlocking opportunities grant program; requiring a report; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 256K.

 

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.

 

 

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

 

H. F. No. 885, A bill for an act relating to human services; adding a supplemental rate for a group residential housing provider; amending Minnesota Statutes 2016, section 256I.05, 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.

 

 

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

 

H. F. No. 919, A bill for an act relating to human services; modifying certain provisions governing autism early intensive intervention benefit; amending Minnesota Statutes 2016, section 256B.0949.

 

Reported the same back with the following amendments:

 

Page 1, line 13, strike "evaluation" and insert "monitoring"

 

Page 1, line 14, after "condition" insert ".  Nothing in this section shall preclude coverage for other medical assistance benefits based on a person's diagnosis of an autism spectrum disorder or a related condition, including, but not limited to, coverage under section 256B.0943 of children's therapeutic services and supports"

 

Page 2, line 21, delete "(e)" and insert "(d)"

 

Page 2, line 22, delete "(f)" and insert "(e)"

 

Page 2, line 27, delete "(g)" and insert "(f)"

 

Page 2, line 29, delete "(h)" and insert "(g)"

 

Page 3, line 1, delete "(i)" and insert "(h)"

 

Page 3, line 2, delete "(j)" and insert "(i)"

 

Page 3, line 8, delete "(k)" and insert "(j)"


Journal of the House - 30th Day - Wednesday, March 15, 2017 - Top of Page 1375

Page 3, line 12, delete "(l)" and insert "(k)"

 

Page 3, line 17, delete "(m)" and insert "(l)"

 

Page 3, line 21, delete "(n)" and insert "(m)"

 

Page 3, line 26, delete "(o)" and insert "(n)"

 

Page 3, line 28, delete "(p)" and insert "(o)"

 

Page 4, line 1, delete "(q)" and insert "(p)"

 

Page 7, line 4, delete "evaluation" and insert "monitoring"

 

Page 7, line 27, delete "Individualized" and insert "Individual"

 

Page 7, line 28, strike "evaluation"

 

Page 7, line 29, before "must" insert "monitoring"

 

Page 8, line 4, strike "evaluation" and insert "monitoring"

 

Page 9, lines 12 and 22, delete "evaluation" and insert "monitoring"

 

Page 12, line 7, after the third comma, insert "and" and delete the fourth comma and insert "and" and delete ", and level of"

 

Page 12, line 8, delete "support needed"

 

Page 13, line 11, delete "evaluation" and insert "monitoring"

 

Page 15, line 4, delete "or"

 

Page 15, after line 4, insert:

 

"(iii) a board certified behavior analyst; or"

 

Page 15, line 5, delete "(iii)" and insert "(iv)"

 

Page 18, line 24, delete "quality and" and after the period, insert "The commissioner may establish an expiration date for an exception granted under this paragraph."

 

Page 19, line 1, delete everything after the period and insert "The commissioner shall consider public comments before submitting to the legislature a request to end the shortage declaration."

 

Page 19, delete lines 2 and 3

 

Page 19, line 4, delete "ends, the" and insert "The"


Journal of the House - 30th Day - Wednesday, March 15, 2017 - Top of Page 1376

Page 19, line 5, delete "exception process" and insert "exceptions granted"

 

Page 19, line 6, after the period, insert "The commissioner shall not declare the shortage of EIBDI providers ended without direction from the legislature to declare it ended."

 

 

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

 

      The report was adopted.

 

 

Cornish from the Committee on Public Safety and Security Policy and Finance 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.805, subdivision 3.

 

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.

 

 

Torkelson from the Committee on Transportation Finance 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 recommendation that 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. 1188, A bill for an act relating to human services; modifying group residential housing funding; amending Minnesota Statutes 2016, section 256I.05, by adding a subdivision.

 

Reported the same back with the following amendments:

 

Page 1, line 20, after "and" insert "the room and board portion of the allocation shall be"

 

Page 1, line 21, after the period, insert "The room and board portion of the allocation shall be determined at the time of transfer."

 

 

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.


Journal of the House - 30th Day - Wednesday, March 15, 2017 - Top of Page 1377

Hamilton from the Committee on Agriculture Finance 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 Higher Education and Career Readiness Policy and Finance.

 

      The report was adopted.

 

 

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

 

H. F. No. 1209, A bill for an act relating to military veterans; providing certain disclosure requirements related to veterans benefits services; requiring the commissioner of veterans affairs to develop a disclosure statement; amending Minnesota Statutes 2016, section 196.05, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 197.

 

Reported the same back with the recommendation that 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. 1239, A bill for an act relating to human services; establishing new employment services under the home and community-based services waivers; amending Minnesota Statutes 2016, sections 245D.03, subdivision 1; 252.41, subdivision 3; 252.42; 252.451, subdivisions 2, 3, 5; 256B.4913, by adding a subdivision; 256B.4914, subdivisions 3, 5, 8, 16; repealing Minnesota Statutes 2016, section 252.41, subdivision 8.

 

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. 1244, A bill for an act relating to transportation; providing for appeal process for denial or revocation of driveway permit by commissioner of transportation; amending Minnesota Statutes 2016, section 160.18, by adding a subdivision.

 

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

 

      The report was adopted.


Journal of the House - 30th Day - Wednesday, March 15, 2017 - Top of Page 1378

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

 

H. F. No. 1260, A bill for an act relating to human services; expanding medical assistance coverage to community-based service coordination in jails; amending Minnesota Statutes 2016, section 256B.0625, subdivision 56.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2016, section 256B.0625, is amended by adding a subdivision to read:

 

Subd. 56a.  Postarrest community-based service coordination.  (a) Medical assistance covers postarrest community-based service coordination for an individual who:

 

(1) has been identified as having a mental illness or substance use disorder using a screening tool approved by the commissioner;

 

(2) does not require the security of a public detention facility and is not considered an inmate of a public institution as defined in Code of Federal Regulations, title 42, section 435.1010;

 

(3) meets the eligibility requirements in section 256B.056; and

 

(4) has agreed to participate in postarrest community-based service coordination through a diversion contract in lieu of incarceration.

 

(b) Postarrest community-based service coordination means navigating services to address a client's mental health, chemical health, social, economic, and housing needs or any other activity targeted at reducing the incidence of jail utilization and connecting individuals with existing covered services available to them, including but not limited to targeted case management, waiver case management, or care coordination.

 

(c) Postarrest community-based service coordination must be provided by individuals who are qualified under one of the following criteria:

 

(1) a licensed mental health professional as defined in section 245.462, subdivision 18, clauses (1) to (6);

 

(2) a mental health practitioner as defined in section 245.462, subdivision 17, working under the clinical supervision of a mental health professional; or

 

(3) a certified peer specialist under section 256B.0615, working under the clinical supervision of a mental health professional.

 

(d) Reimbursement must be made in 15-minute increments and allowed for up to 60 days following the initial determination of eligibility.

 

(e) Providers of postarrest community-based service coordination shall annually report to the commissioner on the number of individuals served and number of the community-based services that were accessed by recipients.  The commissioner shall ensure that services and payments provided under postarrest community-based service coordination do not duplicate services or payments provided under section 256B.0753, 256B.0755, 256B.0757, or 256B.0625, subdivision 20."


Journal of the House - 30th Day - Wednesday, March 15, 2017 - Top of Page 1379

Delete the title and insert:

 

"A bill for an act relating to human services; expanding medical assistance coverage to postarrest community‑based service coordination; amending Minnesota Statutes 2016, section 256B.0625, by adding a subdivision."

 

 

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. 1331, A bill for an act relating to corrections; mental health screening; amending Minnesota Statutes 2016, sections 13.851, by adding a subdivision; 641.15, subdivision 3a.

 

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

 

      The report was adopted.

 

 

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

 

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

 

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.

 

 

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

 

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

 

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.

 

 

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

 

H. F. No. 1406, A bill for an act relating to human services; establishing a supplemental rate for a group residential housing provider in Anoka County; amending Minnesota Statutes 2016, section 256I.05, by adding a subdivision.

 

Reported the same back with the following amendments:


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Page 1, line 13, after the period, insert "Notwithstanding any other law or rule to the contrary, Anoka County is not responsible for any additional costs associated with the supplemental rate provided for in this subdivision."

 

 

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.

 

 

Anderson, S., from the Committee on State Government Finance 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 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. 1445, A bill for an act relating to human services; establishing an exception to budget methodology for persons leaving institutions and crisis residential settings; modifying consumer-directed community supports budget methodology; requiring reports; amending Laws 2015, chapter 71, article 7, section 54; proposing coding for new law in Minnesota Statutes, chapter 256B.

 

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.

 

 

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

 

H. F. No. 1508, A bill for an act relating to human services; modifying certain provisions governing child care licensing; requiring reports; amending Minnesota Statutes 2016, sections 13.46, subdivision 4; 65A.30, subdivision 2; 245A.02, subdivision 2b; 245A.06, subdivisions 2, 8; 245A.07, subdivision 5; 256.01, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 245A.

 

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 - 30th Day - Wednesday, March 15, 2017 - Top of Page 1381

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

 

H. F. No. 1522, A bill for an act relating to human services; increasing group residential housing beds; amending Minnesota Statutes 2016, section 256I.04, subdivision 3.

 

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.

 

 

Loon from the Committee on Education Finance 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 State Government Finance.

 

      The report was adopted.

 

 

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

 

H. F. No. 1577, A bill for an act relating to health; requiring postsecondary educational institutions to provide certain information to pregnant students and student parents; establishing a state grant program to fund activities and services to support pregnant students and student parents at postsecondary educational institutions; appropriating money; proposing coding for new law in Minnesota Statutes, chapters 135A; 145.

 

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.

 

 

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

 

H. F. No. 1730, A bill for an act relating to health; providing for the licensure of prescribed pediatric extended care centers by the commissioner of health; setting fees; authorizing rulemaking; providing for criminal penalties; classifying certain data; amending Minnesota Statutes 2016, sections 13.381, by adding a subdivision; 144.057, subdivision 1; 626.556, subdivisions 2, 3, 3c, 10d; proposing coding for new law as Minnesota Statutes, chapter 144H.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  [144H.01] DEFINITIONS.

 

Subdivision 1.  Application.  The terms defined in this section apply to this chapter.


Journal of the House - 30th Day - Wednesday, March 15, 2017 - Top of Page 1382

Subd. 2.  Basic services.  "Basic services" includes but is not limited to:

 

(1) the development, implementation, and monitoring of a comprehensive protocol of care that is developed in conjunction with the parent or guardian of a medically complex or technologically dependent child and that specifies the medical, nursing, psychosocial, and developmental therapies required by the medically complex or technologically dependent child; and

 

(2) the caregiver training needs of the child's parent or guardian.

 

Subd. 3.  Commissioner.  "Commissioner" means the commissioner of health.

 

Subd. 4.  Licensee.  "Licensee" means an owner of a prescribed pediatric extended care (PPEC) center licensed under this chapter.

 

Subd. 5.  Medically complex or technologically dependent child.  "Medically complex or technologically dependent child" means a child who, because of a medical condition, requires continuous therapeutic interventions or skilled nursing supervision which must be prescribed by a licensed physician and administered by, or under the direct supervision of, a licensed registered nurse.

 

Subd. 6.  Owner.  "Owner" means an individual whose ownership interest provides sufficient authority or control to affect or change decisions regarding the operation of the PPEC center.  An owner includes a sole proprietor, a general partner, or any other individual whose ownership interest has the ability to affect the management and direction of the PPEC center's policies.

 

Subd. 7.  Prescribed pediatric extended care center, PPEC center, or center.  "Prescribed pediatric extended care center," "PPEC center," or "center" means any facility operated on a for-profit or nonprofit basis to provide nonresidential basic services to three or more medically complex or technologically dependent children who require such services and who are not related to the owner by blood, marriage, or adoption.

 

Subd. 8.  Supportive services or contracted services.  "Supportive services or contracted services" include but are not limited to speech therapy, occupational therapy, physical therapy, social work services, developmental services, child life services, and psychology services.

 

Sec. 2.  [144H.02] LICENSURE REQUIRED.

 

A person may not own or operate a prescribed pediatric extended care center in this state unless the person holds a temporary or current license issued under this chapter.  A separate license must be obtained for each PPEC center maintained on separate premises, even if the same management operates the PPEC centers.  Separate licenses are not required for separate buildings on the same grounds.  A center shall not be operated on the same grounds as a child care center licensed under Minnesota Rules, chapter 9503.

 

Sec. 3.  [144H.03] EXEMPTIONS.

 

This chapter does not apply to:

 

(1) a facility operated by the United States government or a federal agency; or

 

(2) a health care facility licensed under chapter 144 or 144A.


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Sec. 4.  [144H.04] LICENSE APPLICATION AND RENEWAL.

 

Subdivision 1.  Licenses.  A person seeking licensure for a PPEC center must submit a completed application for licensure to the commissioner, in a form and manner determined by the commissioner.  The applicant must also submit the application fee, in the amount specified in section 144H.05, subdivision 1.  Effective September 1, 2017, the commissioner shall issue a license for a PPEC center if the commissioner determines that the applicant and center meet the requirements of this chapter and rules that apply to PPEC centers.  A license issued under this subdivision is valid for two years.

 

Subd. 2.  License renewal.  A license issued under subdivision 1 may be renewed for a period of two years if the licensee:

 

(1) submits an application for renewal in a form and manner determined by the commissioner, at least 30 days before the license expires.  An application for renewal submitted after the renewal deadline date must be accompanied by a late fee in the amount specified in section 144H.05, subdivision 3;

 

(2) submits the renewal fee in the amount specified in section 144H.05, subdivision 2;

 

(3) demonstrates that the licensee has provided basic services at the PPEC center within the past two years;

 

(4) provides evidence that the applicant meets the requirements for licensure; and

 

(5) provides other information required by the commissioner.

 

Subd. 3.  License not transferable.  A PPEC center license issued under this section is not transferable to another party.  Before acquiring ownership of a PPEC center, a prospective applicant must apply to the commissioner for a new license.

 

Sec. 5.  [144H.05] FEES.

 

Subdivision 1.  Initial application fee.  The initial application fee for PPEC center licensure is .......

 

Subd. 2.  License renewal.  The fee for renewal of a PPEC center license is .......

 

Subd. 3.  Late fee.  The fee for late submission of an application to renew a PPEC center license is .......

 

Subd. 4.  Nonrefundable; state government special revenue fund.  All fees collected under this chapter are nonrefundable and must be deposited in the state treasury and credited to the state government special revenue fund.

 

Sec. 6.  [144H.06] APPLICATION OF RULES FOR HOSPICE SERVICES.

 

Minnesota Rules, chapter 4664, shall apply to PPEC centers licensed under this chapter, except that the following parts, subparts, and items do not apply:

 

(1) Minnesota Rules, part 4664.0390, subpart 1, items A, C and E;

 

(2) Minnesota Rules, part 4664.0420;

 

(3) Minnesota Rules, part 4664.0425, subparts 3, item A; 4; and 6;

 

(4) Minnesota Rules, part 4664.0430, subparts 3, 4, 5, 7, 8, 9, 10, 11, and 12; and

 

(5) Minnesota Rules, part 4664.0520.


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Sec. 7.  [144H.07] SERVICES; LIMITATIONS.

 

Subdivision 1.  Services.  A PPEC center must provide basic services to medically complex or technologically dependent children, based on a protocol of care established for each child.  A PPEC center may provide services up to 24 hours a day and up to seven days a week.

 

Subd. 2.  Limitations.  A PPEC center must comply with the following standards related to services:

 

(1) a child is prohibited from attending a PPEC center for more than 14 hours within a 24-hour period;

 

(2) a PPEC center is prohibited from providing services other than those provided to medically complex or technologically dependent children; and

 

(3) the maximum capacity for medically complex or technologically dependent children at a center shall not exceed 45 children.

 

Sec. 8.  [144H.08] ADMINISTRATION AND MANAGEMENT.

 

Subdivision 1.  Duties of owner.  (a) The owner of a PPEC center shall have full legal authority and responsibility for the operation of the center.  A PPEC center must be organized according to a written table of organization, describing the lines of authority and communication to the child care level.  The organizational structure must be designed to ensure an integrated continuum of services for the children served.

 

(b) The owner must designate one person as a center administrator, who is responsible and accountable for overall management of the center.

 

Subd. 2.  Duties of administrator.  The center administrator is responsible and accountable for overall management of the center.  The administrator must:

 

(1) designate in writing a person to be responsible for the center when the administrator is absent from the center for more than 24 hours;

 

(2) maintain the following written records, in a place and form and using a system that allows for inspection of the records by the commissioner during normal business hours:

 

(i) a daily census record, which indicates the number of children currently receiving services at the center;

 

(ii) a record of all accidents or unusual incidents involving any child or staff member that caused, or had the potential to cause, injury or harm to a person at the center or to center property;

 

(iii) copies of all current agreements with providers of supportive services or contracted services;

 

(iv) copies of all current agreements with consultants employed by the center, documentation of each consultant's visits, and written, dated reports; and

 

(v) a personnel record for each employee, which must include an application for employment, references, employment history for the preceding five years, and copies of all performance evaluations;

 

(3) develop and maintain a current job description for each employee;


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(4) provide necessary qualified personnel and ancillary services to ensure the health, safety, and proper care for each child; and

 

(5) develop and implement infection control policies that comply with rules adopted by the commissioner regarding infection control.

 

Sec. 9.  [144H.09] ADMISSION, TRANSFER, AND DISCHARGE POLICIES; CONSENT FORM.

 

Subdivision 1.  Written policies.  A PPEC center must have written policies and procedures governing the admission, transfer, and discharge of children.

 

Subd. 2.  Consent form.  A parent or guardian must sign a consent form outlining the purpose of a PPEC center, specifying family responsibilities, authorizing treatment and services, providing appropriate liability releases, and specifying emergency disposition plans, before the child's admission to the center.  The center must provide the child's parents or guardians with a copy of the consent form and must maintain the consent form in the child's medical record.

 

Sec. 10.  [144H.10] MEDICAL DIRECTOR.

 

A PPEC center must have a medical director who is a physician licensed in Minnesota and certified by the American Board of Pediatrics.

 

Sec. 11.  [144H.11] NURSING SERVICES.

 

Subdivision 1.  Nursing director.  A PPEC center must have a nursing director who is a registered nurse licensed in Minnesota, holds a current certification in cardiopulmonary resuscitation, and has at least four years of general pediatric nursing experience, at least one year of which must have been spent caring for medically fragile infants or children in a pediatric intensive care, neonatal intensive care, PPEC center, or home care setting during the previous five years.  The nursing director is responsible for the daily operation of the PPEC center.

 

Subd. 2.  Registered nurses.  A registered nurse employed by a PPEC center must be a registered nurse licensed in Minnesota, hold a current certification in cardiopulmonary resuscitation, and have experience in the previous 24 months in being responsible for the care of acutely ill or chronically ill children.

 

Subd. 3.  Licensed practical nurses.  A licensed practical nurse employed by a PPEC center must be supervised by a registered nurse and must be a licensed practical nurse licensed in Minnesota, have at least two years of experience in pediatrics, and hold a current certification in cardiopulmonary resuscitation.

 

Subd. 4.  Other direct care personnel.  (a) Direct care personnel governed by this subdivision include nursing assistants and individuals with training and experience in the field of education, social services, or child care.

 

(b) All direct care personnel employed by a PPEC center must work under the supervision of a registered nurse and are responsible for providing direct care to children at the center.  Direct care personnel must have extensive, documented education and skills training in providing care to infants and toddlers, provide employment references documenting skill in the care of infants and children, and hold a current certification in cardiopulmonary resuscitation.


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Sec. 12.  [144H.12] TOTAL STAFFING FOR NURSING SERVICES AND DIRECT CARE PERSONNEL.

 

A PPEC center must provide total staffing for nursing services and direct care personnel at a ratio of one staff person for every three children at the center.  The staffing ratio required in this section is the minimum staffing permitted.

 

Sec. 13.  [144H.13] MEDICAL RECORD; PROTOCOL OF CARE.

 

A medical record and an individualized nursing protocol of care must be developed for each child admitted to a PPEC center, must be maintained for each child, and must be signed by authorized personnel.

 

Sec. 14.  [144H.14] QUALITY ASSURANCE PROGRAM.

 

A PPEC center must have a quality assurance program, in which quarterly reviews are conducted of the PPEC center's medical records and protocols of care for at least half of the children served by the PPEC center.  The quarterly review sample must be randomly selected so each child at the center has an equal opportunity to be included in the review.  The committee conducting quality assurance reviews must include the medical director, administrator, nursing director, and three other committee members determined by the PPEC center.

 

Sec. 15.  [144H.15] INSPECTIONS.

 

(a) The commissioner may inspect a PPEC center, including records held at the center, at reasonable times as necessary to ensure compliance with this chapter and the rules that apply to PPEC centers.  During an inspection, a center must provide the commissioner with access to all center records.

 

(b) The commissioner must inspect a PPEC center before issuing or renewing a license under this chapter.

 

Sec. 16.  [144H.16] COMPLIANCE WITH OTHER LAWS.

 

Subdivision 1.  Reporting of maltreatment of minors.  A PPEC center must develop policies and procedures for reporting suspected child maltreatment that fulfill the requirements of section 626.556.  The policies and procedures must include the telephone numbers of the local county child protection agency for reporting suspected maltreatment.  The policies and procedures specified in this subdivision must be provided to the parents or guardians of all children at the time of admission to the PPEC center and must be available upon request.

 

Subd. 2.  Crib safety requirements.  A PPEC center must comply with the crib safety requirements in section 245A.146, to the extent they are applicable.

 

Sec. 17.  [144H.17] DENIAL, SUSPENSION, REVOCATION, REFUSAL TO RENEW A LICENSE.

 

(a) The commissioner may deny, suspend, revoke, or refuse to renew a license issued under this chapter for:

 

(1) a violation of this chapter or rules adopted that apply to PPEC centers; or

 

(2) an intentional or negligent act by an employee or contractor at the center that materially affects the health or safety of children at the PPEC center.

 

(b) Prior to any suspension, revocation, or refusal to renew a license, a licensee shall be entitled to a hearing and review as provided in sections 14.57 to 14.69.


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Sec. 18.  [144H.18] FINES; CORRECTIVE ACTION PLANS.

 

Subdivision 1.  Corrective action plans.  If the commissioner determines that a PPEC center is not in compliance with this chapter or rules that apply to PPEC centers, the commissioner may require the center to submit a corrective action plan that demonstrates a good-faith effort to remedy each violation by a specific date, subject to approval by the commissioner.

 

Subd. 2.  Fines.  The commissioner may issue a fine to a PPEC center, employee, or contractor if the commissioner determines the center, employee, or contractor violated this chapter or rules that apply to PPEC centers.  The fine amount shall not exceed an amount for each violation and an aggregate amount established by the commissioner.  The failure to correct a violation by the date set by the commissioner, or a failure to comply with an approved corrective action plan, constitutes a separate violation for each day the failure continues, unless the commissioner approves an extension to a specific date.  In determining if a fine is to be imposed and establishing the amount of the fine, the commissioner shall consider:

 

(1) the gravity of the violation, including the probability that death or serious physical or emotional harm to a child will result or has resulted, the severity of the actual or potential harm, and the extent to which the applicable laws were violated;

 

(2) actions taken by the owner or administrator to correct violations;

 

(3) any previous violations; and

 

(4) the financial benefit to the PPEC center of committing or continuing the violation.

 

Sec. 19.  [144H.19] CLOSING A PPEC CENTER.

 

When a PPEC center voluntarily closes, it must, at least 30 days before closure, inform each child's parents or guardians of the closure and when the closure will occur.

 

Sec. 20.  Minnesota Statutes 2016, section 626.556, subdivision 2, is amended to read:

 

Subd. 2.  Definitions.  As used in this section, the following terms have the meanings given them unless the specific content indicates otherwise:

 

(a) "Accidental" means a sudden, not reasonably foreseeable, and unexpected occurrence or event which:

 

(1) is not likely to occur and could not have been prevented by exercise of due care; and

 

(2) if occurring while a child is receiving services from a facility, happens when the facility and the employee or person providing services in the facility are in compliance with the laws and rules relevant to the occurrence or event.

 

(b) "Commissioner" means the commissioner of human services.

 

(c) "Facility" means:

 

(1) a licensed or unlicensed day care facility, residential facility, agency, hospital, sanitarium, or other facility or institution required to be licensed under sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or chapter 144H or 245D;


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(2) a school as defined in section 120A.05, subdivisions 9, 11, and 13; and chapter 124E; or

 

(3) a nonlicensed personal care provider organization as defined in section 256B.0625, subdivision 19a.

 

(d) "Family assessment" means a comprehensive assessment of child safety, risk of subsequent child maltreatment, and family strengths and needs that is applied to a child maltreatment report that does not allege sexual abuse or substantial child endangerment.  Family assessment does not include a determination as to whether child maltreatment occurred but does determine the need for services to address the safety of family members and the risk of subsequent maltreatment.

 

(e) "Investigation" means fact gathering related to the current safety of a child and the risk of subsequent maltreatment that determines whether child maltreatment occurred and whether child protective services are needed.  An investigation must be used when reports involve sexual abuse or substantial child endangerment, and for reports of maltreatment in facilities required to be licensed under chapter 245A or 245D; under sections 144.50 to 144.58 and 241.021; in a school as defined in section 120A.05, subdivisions 9, 11, and 13, and chapter 124E; or in a nonlicensed personal care provider association as defined in section 256B.0625, subdivision 19a.

 

(f) "Mental injury" means an injury to the psychological capacity or emotional stability of a child as evidenced by an observable or substantial impairment in the child's ability to function within a normal range of performance and behavior with due regard to the child's culture.

 

(g) "Neglect" means the commission or omission of any of the acts specified under clauses (1) to (9), other than by accidental means:

 

(1) failure by a person responsible for a child's care to supply a child with necessary food, clothing, shelter, health, medical, or other care required for the child's physical or mental health when reasonably able to do so;

 

(2) failure to protect a child from conditions or actions that seriously endanger the child's physical or mental health when reasonably able to do so, including a growth delay, which may be referred to as a failure to thrive, that has been diagnosed by a physician and is due to parental neglect;

 

(3) failure to provide for necessary supervision or child care arrangements appropriate for a child after considering factors as the child's age, mental ability, physical condition, length of absence, or environment, when the child is unable to care for the child's own basic needs or safety, or the basic needs or safety of another child in their care;

 

(4) failure to ensure that the child is educated as defined in sections 120A.22 and 260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's child with sympathomimetic medications, consistent with section 125A.091, subdivision 5;

 

(5) nothing in this section shall be construed to mean that a child is neglected solely because the child's parent, guardian, or other person responsible for the child's care in good faith selects and depends upon spiritual means or prayer for treatment or care of disease or remedial care of the child in lieu of medical care; except that a parent, guardian, or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report if a lack of medical care may cause serious danger to the child's health.  This section does not impose upon persons, not otherwise legally responsible for providing a child with necessary food, clothing, shelter, education, or medical care, a duty to provide that care;

 

(6) prenatal exposure to a controlled substance, as defined in section 253B.02, subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal symptoms in the child at birth, results of a toxicology test performed on the mother at delivery or the child at birth, medical effects or developmental delays during the child's first year of life that medically indicate prenatal exposure to a controlled substance, or the presence of a fetal alcohol spectrum disorder;


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(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);

 

(8) chronic and severe use of alcohol or a controlled substance by a parent or person responsible for the care of the child that adversely affects the child's basic needs and safety; or

 

(9) emotional harm from a pattern of behavior which contributes to impaired emotional functioning of the child which may be demonstrated by a substantial and observable effect in the child's behavior, emotional response, or cognition that is not within the normal range for the child's age and stage of development, with due regard to the child's culture.

 

(h) "Nonmaltreatment mistake" means:

 

(1) at the time of the incident, the individual was performing duties identified in the center's child care program plan required under Minnesota Rules, part 9503.0045;

 

(2) the individual has not been determined responsible for a similar incident that resulted in a finding of maltreatment for at least seven years;

 

(3) the individual has not been determined to have committed a similar nonmaltreatment mistake under this paragraph for at least four years;

 

(4) any injury to a child resulting from the incident, if treated, is treated only with remedies that are available over the counter, whether ordered by a medical professional or not; and

 

(5) except for the period when the incident occurred, the facility and the individual providing services were both in compliance with all licensing requirements relevant to the incident.

 

This definition only applies to child care centers licensed under Minnesota Rules, chapter 9503.  If clauses (1) to (5) apply, rather than making a determination of substantiated maltreatment by the individual, the commissioner of human services shall determine that a nonmaltreatment mistake was made by the individual.

 

(i) "Operator" means an operator or agency as defined in section 245A.02.

 

(j) "Person responsible for the child's care" means (1) an individual functioning within the family unit and having responsibilities for the care of the child such as a parent, guardian, or other person having similar care responsibilities, or (2) an individual functioning outside the family unit and having responsibilities for the care of the child such as a teacher, school administrator, other school employees or agents, or other lawful custodian of a child having either full-time or short-term care responsibilities including, but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching, and coaching.

 

(k) "Physical abuse" means any physical injury, mental injury, or threatened injury, inflicted by a person responsible for the child's care on a child other than by accidental means, or any physical or mental injury that cannot reasonably be explained by the child's history of injuries, or any aversive or deprivation procedures, or regulated interventions, that have not been authorized under section 125A.0942 or 245.825.

 

Abuse does not include reasonable and moderate physical discipline of a child administered by a parent or legal guardian which does not result in an injury.  Abuse does not include the use of reasonable force by a teacher, principal, or school employee as allowed by section 121A.582.  Actions which are not reasonable and moderate include, but are not limited to, any of the following:

 

(1) throwing, kicking, burning, biting, or cutting a child;


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(2) striking a child with a closed fist;

 

(3) shaking a child under age three;

 

(4) striking or other actions which result in any nonaccidental injury to a child under 18 months of age;

 

(5) unreasonable interference with a child's breathing;

 

(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;

 

(7) striking a child under age one on the face or head;

 

(8) striking a child who is at least age one but under age four on the face or head, which results in an injury;

 

(9) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled substances which were not prescribed for the child by a practitioner, in order to control or punish the child; or other substances that substantially affect the child's behavior, motor coordination, or judgment or that results in sickness or internal injury, or subjects the child to medical procedures that would be unnecessary if the child were not exposed to the substances;

 

(10) unreasonable physical confinement or restraint not permitted under section 609.379, including but not limited to tying, caging, or chaining; or

 

(11) in a school facility or school zone, an act by a person responsible for the child's care that is a violation under section 121A.58.

 

(l) "Practice of social services," for the purposes of subdivision 3, includes but is not limited to employee assistance counseling and the provision of guardian ad litem and parenting time expeditor services.

 

(m) "Report" means any communication received by the local welfare agency, police department, county sheriff, or agency responsible for child protection pursuant to this section that describes neglect or physical or sexual abuse of a child and contains sufficient content to identify the child and any person believed to be responsible for the neglect or abuse, if known.

 

(n) "Sexual abuse" means the subjection of a child by a person responsible for the child's care, by a person who has a significant relationship to the child, as defined in section 609.341, or by a person in a position of authority, as defined in section 609.341, subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual conduct in the first degree), 609.343 (criminal sexual conduct in the second degree), 609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree).  Sexual abuse also includes any act which involves a minor which constitutes a violation of prostitution offenses under sections 609.321 to 609.324 or 617.246.  Effective May 29, 2017, sexual abuse includes all reports of known or suspected child sex trafficking involving a child who is identified as a victim of sex trafficking.  Sexual abuse includes child sex trafficking as defined in section 609.321, subdivisions 7a and 7b.  Sexual abuse includes threatened sexual abuse which includes the status of a parent or household member who has committed a violation which requires registration as an offender under section 243.166, subdivision 1b, paragraph (a) or (b), or required registration under section 243.166, subdivision 1b, paragraph (a) or (b).

 

(o) "Substantial child endangerment" means a person responsible for a child's care, by act or omission, commits or attempts to commit an act against a child under their care that constitutes any of the following:

 

(1) egregious harm as defined in section 260C.007, subdivision 14;


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(2) abandonment under section 260C.301, subdivision 2;

 

(3) neglect as defined in paragraph (g), clause (2), that substantially endangers the child's physical or mental health, including a growth delay, which may be referred to as failure to thrive, that has been diagnosed by a physician and is due to parental neglect;

 

(4) murder in the first, second, or third degree under section 609.185, 609.19, or 609.195;

 

(5) manslaughter in the first or second degree under section 609.20 or 609.205;

 

(6) assault in the first, second, or third degree under section 609.221, 609.222, or 609.223;

 

(7) solicitation, inducement, and promotion of prostitution under section 609.322;

 

(8) criminal sexual conduct under sections 609.342 to 609.3451;

 

(9) solicitation of children to engage in sexual conduct under section 609.352;

 

(10) malicious punishment or neglect or endangerment of a child under section 609.377 or 609.378;

 

(11) use of a minor in sexual performance under section 617.246; or

 

(12) parental behavior, status, or condition which mandates that the county attorney file a termination of parental rights petition under section 260C.503, subdivision 2.

 

(p) "Threatened injury" means a statement, overt act, condition, or status that represents a substantial risk of physical or sexual abuse or mental injury.  Threatened injury includes, but is not limited to, exposing a child to a person responsible for the child's care, as defined in paragraph (j), clause (1), who has:

 

(1) subjected a child to, or failed to protect a child from, an overt act or condition that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a similar law of another jurisdiction;

 

(2) been found to be palpably unfit under section 260C.301, subdivision 1, paragraph (b), clause (4), or a similar law of another jurisdiction;

 

(3) committed an act that has resulted in an involuntary termination of parental rights under section 260C.301, or a similar law of another jurisdiction; or

 

(4) committed an act that has resulted in the involuntary transfer of permanent legal and physical custody of a child to a relative under Minnesota Statutes 2010, section 260C.201, subdivision 11, paragraph (d), clause (1), section 260C.515, subdivision 4, or a similar law of another jurisdiction.

 

A child is the subject of a report of threatened injury when the responsible social services agency receives birth match data under paragraph (q) from the Department of Human Services.

 

(q) Upon receiving data under section 144.225, subdivision 2b, contained in a birth record or recognition of parentage identifying a child who is subject to threatened injury under paragraph (p), the Department of Human Services shall send the data to the responsible social services agency.  The data is known as "birth match" data.  Unless the responsible social services agency has already begun an investigation or assessment of the report due to the birth of the child or execution of the recognition of parentage and the parent's previous history with child protection, the agency shall accept the birth match data as a report under this section.  The agency may use either a


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family assessment or investigation to determine whether the child is safe.  All of the provisions of this section apply.  If the child is determined to be safe, the agency shall consult with the county attorney to determine the appropriateness of filing a petition alleging the child is in need of protection or services under section 260C.007, subdivision 6, clause (16), in order to deliver needed services.  If the child is determined not to be safe, the agency and the county attorney shall take appropriate action as required under section 260C.503, subdivision 2.

 

(r) Persons who conduct assessments or investigations under this section shall take into account accepted child‑rearing practices of the culture in which a child participates and accepted teacher discipline practices, which are not injurious to the child's health, welfare, and safety.

 

Sec. 21.  Minnesota Statutes 2016, section 626.556, subdivision 3, is amended to read:

 

Subd. 3.  Persons mandated to report; persons voluntarily reporting.  (a) A person who knows or has reason to believe a child is being neglected or physically or sexually abused, as defined in subdivision 2, or has been neglected or physically or sexually abused within the preceding three years, shall immediately report the information to the local welfare agency, agency responsible for assessing or investigating the report, police department, county sheriff, tribal social services agency, or tribal police department if the person is:

 

(1) a professional or professional's delegate who is engaged in the practice of the healing arts, social services, hospital administration, psychological or psychiatric treatment, child care, education, correctional supervision, probation and correctional services, or law enforcement; or

 

(2) employed as a member of the clergy and received the information while engaged in ministerial duties, provided that a member of the clergy is not required by this subdivision to report information that is otherwise privileged under section 595.02, subdivision 1, paragraph (c).

 

(b) Any person may voluntarily report to the local welfare agency, agency responsible for assessing or investigating the report, police department, county sheriff, tribal social services agency, or tribal police department if the person knows, has reason to believe, or suspects a child is being or has been neglected or subjected to physical or sexual abuse.

 

(c) A person mandated to report physical or sexual child abuse or neglect occurring within a licensed facility shall report the information to the agency responsible for licensing the facility under sections 144.50 to 144.58; 241.021; 245A.01 to 245A.16; or chapter 144H or 245D; or a nonlicensed personal care provider organization as defined in section 256B.0625, subdivision 19 19a.  A health or corrections agency receiving a report may request the local welfare agency to provide assistance pursuant to subdivisions 10, 10a, and 10b.  A board or other entity whose licensees perform work within a school facility, upon receiving a complaint of alleged maltreatment, shall provide information about the circumstances of the alleged maltreatment to the commissioner of education.  Section 13.03, subdivision 4, applies to data received by the commissioner of education from a licensing entity.

 

(d) Notification requirements under subdivision 10 apply to all reports received under this section.

 

(e) For purposes of this section, "immediately" means as soon as possible but in no event longer than 24 hours.

 

Sec. 22.  Minnesota Statutes 2016, section 626.556, subdivision 3c, is amended to read:

 

Subd. 3c.  Local welfare agency, Department of Human Services or Department of Health responsible for assessing or investigating reports of maltreatment.  (a) The county local welfare agency is the agency responsible for assessing or investigating allegations of maltreatment in child foster care, family child care, legally unlicensed child care, juvenile correctional facilities licensed under section 241.021 located in the local welfare agency's county, and reports involving children served by an unlicensed personal care provider organization under section 256B.0659.  Copies of findings related to personal care provider organizations under section 256B.0659 must be forwarded to the Department of Human Services provider enrollment.


Journal of the House - 30th Day - Wednesday, March 15, 2017 - Top of Page 1393

(b) The Department of Human Services is the agency responsible for assessing or investigating allegations of maltreatment in facilities licensed under chapters 245A and 245D, except for child foster care and family child care.

 

(c) The Department of Health is the agency responsible for assessing or investigating allegations of child maltreatment in facilities licensed under sections 144.50 to 144.58 and 144A.43 to 144A.482 or chapter 144H.

 

Sec. 23.  Minnesota Statutes 2016, section 626.556, subdivision 10d, is amended to read:

 

Subd. 10d.  Notification of neglect or abuse in facility.  (a) When a report is received that alleges neglect, physical abuse, sexual abuse, or maltreatment of a child while in the care of a licensed or unlicensed day care facility, residential facility, agency, hospital, sanitarium, or other facility or institution required to be licensed according to sections 144.50 to 144.58; 241.021; or 245A.01 to 245A.16; or chapter 144H or 245D, or a school as defined in section 120A.05, subdivisions 9, 11, and 13; and chapter 124E; or a nonlicensed personal care provider organization as defined in section 256B.0625, subdivision 19a, the commissioner of the agency responsible for assessing or investigating the report or local welfare agency investigating the report shall provide the following information to the parent, guardian, or legal custodian of a child alleged to have been neglected, physically abused, sexually abused, or the victim of maltreatment of a child in the facility:  the name of the facility; the fact that a report alleging neglect, physical abuse, sexual abuse, or maltreatment of a child in the facility has been received; the nature of the alleged neglect, physical abuse, sexual abuse, or maltreatment of a child in the facility; that the agency is conducting an assessment or investigation; any protective or corrective measures being taken pending the outcome of the investigation; and that a written memorandum will be provided when the investigation is completed.

 

(b) The commissioner of the agency responsible for assessing or investigating the report or local welfare agency may also provide the information in paragraph (a) to the parent, guardian, or legal custodian of any other child in the facility if the investigative agency knows or has reason to believe the alleged neglect, physical abuse, sexual abuse, or maltreatment of a child in the facility has occurred.  In determining whether to exercise this authority, the commissioner of the agency responsible for assessing or investigating the report or local welfare agency shall consider the seriousness of the alleged neglect, physical abuse, sexual abuse, or maltreatment of a child in the facility; the number of children allegedly neglected, physically abused, sexually abused, or victims of maltreatment of a child in the facility; the number of alleged perpetrators; and the length of the investigation.  The facility shall be notified whenever this discretion is exercised.

 

(c) When the commissioner of the agency responsible for assessing or investigating the report or local welfare agency has completed its investigation, every parent, guardian, or legal custodian previously notified of the investigation by the commissioner or local welfare agency shall be provided with the following information in a written memorandum:  the name of the facility investigated; the nature of the alleged neglect, physical abuse, sexual abuse, or maltreatment of a child in the facility; the investigator's name; a summary of the investigation findings; a statement whether maltreatment was found; and the protective or corrective measures that are being or will be taken.  The memorandum shall be written in a manner that protects the identity of the reporter and the child and shall not contain the name, or to the extent possible, reveal the identity of the alleged perpetrator or of those interviewed during the investigation.  If maltreatment is determined to exist, the commissioner or local welfare agency shall also provide the written memorandum to the parent, guardian, or legal custodian of each child in the facility who had contact with the individual responsible for the maltreatment.  When the facility is the responsible party for maltreatment, the commissioner or local welfare agency shall also provide the written memorandum to the parent, guardian, or legal custodian of each child who received services in the population of the facility where the maltreatment occurred.  This notification must be provided to the parent, guardian, or legal custodian of each child receiving services from the time the maltreatment occurred until either the individual responsible for maltreatment is no longer in contact with a child or children in the facility or the conclusion of the investigation.  In the case of maltreatment within a school facility, as defined in section 120A.05, subdivisions 9, 11, and 13, and chapter 124E,


Journal of the House - 30th Day - Wednesday, March 15, 2017 - Top of Page 1394

the commissioner of education need not provide notification to parents, guardians, or legal custodians of each child in the facility, but shall, within ten days after the investigation is completed, provide written notification to the parent, guardian, or legal custodian of any student alleged to have been maltreated.  The commissioner of education may notify the parent, guardian, or legal custodian of any student involved as a witness to alleged maltreatment."

 

Delete the title and insert:

 

"A bill for an act relating to health; providing for licensure of prescribed pediatric extended care centers; setting fees; amending Minnesota Statutes 2016, section 626.556, subdivisions 2, 3, 3c, 10d; proposing coding for new law as Minnesota Statutes, chapter 144H."

 

 

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.

 

 

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

 

H. F. No. 1773, A bill for an act relating to taxation; Tax Court; clarifying the notice date for certain appeals; allowing alternative proof of timely mailing; increasing small claims jurisdiction; amending Minnesota Statutes 2016, sections 271.06, subdivisions 2, 2a; 271.08, subdivision 1; 271.21, subdivision 2.

 

Reported the same back with the recommendation that 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. 1804, A bill for an act relating to human services; modifying eligibility for group residential housing; amending Minnesota Statutes 2016, sections 256I.04, subdivision 1; 256I.06, subdivision 8.

 

Reported the same back with the following amendments:

 

Page 2, after line 7, insert:

 

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

 

Page 2, after line 24, insert:

 

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


Journal of the House - 30th Day - Wednesday, March 15, 2017 - Top of Page 1395

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

 

H. F. No. 1832, A bill for an act relating to health; requiring health plans to indicate level of coverage for certain anticancer medication; amending Minnesota Statutes 2016, section 62A.3075.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 1838, A bill for an act relating to taxation; modifying certain notice provisions; amending Minnesota Statutes 2016, sections 270C.33, subdivisions 5, 8; 270C.34, subdivision 2; 270C.35, subdivision 3; 270C.38, subdivision 1; 271.06, subdivisions 2, 7; 289A.50, subdivision 7; 296A.22, subdivision 9; 296A.26; 297F.23; 297G.22; 297I.60, subdivision 2; 469.319, subdivision 5; Laws 2016, chapter 187, section 5.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 1847, A bill for an act relating to public safety; providing for consistency in background checks; amending Minnesota Statutes 2016, section 299C.095, subdivision 1; repealing Minnesota Statutes 2016, section 364.04.

 

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

 

      The report was adopted.

 

 

Torkelson from the Committee on Transportation Finance 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 following amendments:

 

Page 8, line 1, delete "60" and insert "40"

 

 

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

 

      The report was adopted.


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

 

H. F. No. 1879, A bill for an act relating to transportation finance; allocating certain sales tax revenue; appropriating money for the small cities assistance program; amending Minnesota Statutes 2016, section 297A.94.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 1921, A bill for an act relating to transportation; re-allocating township aid to the town roads account; amending Minnesota Statutes 2016, section 477A.03, subdivisions 2, 2c; repealing Minnesota Statutes 2016, section 477A.013, subdivision 1.

 

Reported the same back with the following amendments:

 

Page 1, line 8, delete "this section" and insert "subdivision 2c"

 

Page 1, line 11, strike "For aids payable" and delete "under this section" and strike "in" and delete "2018" and insert "Beginning with fiscal year 2019"

 

Page 1, after line 17, insert:

 

"EFFECTIVE DATE.  This section is effective beginning with aids payable in 2018."

 

 

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

 

      The report was adopted.

 

 

Torkelson from the Committee on Transportation Finance 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 following amendments:

 

Page 2, delete lines 28 to 29 and insert:

 

"(k) An additional fee is imposed for any electric vehicle within the meaning of section 169.011, subdivision 26a, in the amount of (1) $75; or (2) $125 for an all-electric vehicle, as defined in section 169.011, subdivision 1a.  Notwithstanding subdivision 8, revenue from the fee"

 

Page 2, after line 32, insert:


Journal of the House - 30th Day - Wednesday, March 15, 2017 - Top of Page 1397

"Sec. 2.  Minnesota Statutes 2016, section 169.011, is amended by adding a subdivision to read:

 

Subd. 1a.  All-electric vehicle.  (a) "All-electric vehicle" means an electric vehicle that is solely able to be powered by an electric motor drawing current from rechargeable storage batteries, fuel cells, or other portable sources of electrical current.

 

(b) All-electric vehicle excludes a plug-in hybrid electric vehicle."

 

Amend the title as follows:

 

Page 1, line 2, delete everything after the first semicolon and insert "imposing an additional fee on the registration of electric vehicles;"

 

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.

 

 

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

 

H. F. No. 1993, A bill for an act relating to health; modifying provisions in the Medical Cannabis Therapeutic Research Act; amending Minnesota Statutes 2016, sections 144.99, subdivision 1; 152.25, subdivision 1, by adding a subdivision; 152.29, subdivisions 1, 3; proposing coding for new law in Minnesota Statutes, chapter 152; repealing Minnesota Statutes 2016, section 152.33, subdivision 6.

 

Reported the same back with the following amendments:

 

Page 2, line 18, delete "may" and reinstate the stricken "shall"

 

Page 7, delete section 6

 

Renumber the sections in sequence

 

Correct the title numbers accordingly

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 2177, A bill for an act relating to health and human services; adding advanced practice registered nurses and physician assistants to certain statutes; amending Minnesota Statutes 2016, sections 62Q.56, subdivision 1a; 144.213, subdivision 1; 144.441, subdivision 3; 145.7131; 145.867, subdivision 2; 252A.21, subdivision 2;


Journal of the House - 30th Day - Wednesday, March 15, 2017 - Top of Page 1398

256.9365, subdivision 2; 256B.056, subdivision 2; 256B.057, subdivision 9; 256B.0575, subdivision 1; 256B.0625, subdivision 2; 256B.0653, subdivision 4; 256B.15, subdivision 1a; 256D.44, subdivisions 4, 5; 256R.04, subdivision 6; 514.981, subdivision 2; 626.556, subdivision 11d.

 

Reported the same back with the following amendments:

 

Page 3, delete section 4

 

Pages 8 to 9, delete sections 10 and 11

 

Page 16, delete section 16

 

Renumber the sections in sequence

 

Correct the title numbers accordingly

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 2191, A bill for an act relating to transportation; establishing a local cost-share assistance account; appropriating money for local roads and bridges; authorizing sale and issuance of general obligation bonds; amending Minnesota Statutes 2016, section 174.52, subdivision 2.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 2220, A bill for an act relating to state government; appropriating money to the Center for Rural Policy and Development.

 

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. 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.

 

Reported the same back with the following amendments:


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Delete everything after the enacting clause and insert:

 

"Section 1.  [144.1215] AUTHORIZATION TO USE HANDHELD DENTAL X-RAY EQUIPMENT.

 

Subdivision 1.  Definition; handheld dental x-ray equipment.  For purposes of this section, "handheld dental x-ray equipment" means x-ray equipment that is used to take dental radiographs, is designed to be handheld during operation, and is operated by an individual authorized to take dental radiographs under chapter 150A.

 

Subd. 2.  Use authorized.  (a) Handheld dental x-ray equipment may be used if the equipment:

 

(1) has been approved for human use by the United States Food and Drug Administration and is being used in a manner consistent with that approval; and

 

(2) utilizes a backscatter shield that:

 

(i) is composed of a leaded polymer or a substance with a substantially equivalent protective capacity;

 

(ii) has at least 0.25 millimeters of lead or lead-shielding equivalent; and

 

(iii) is permanently affixed to the handheld dental x-ray equipment.

 

(b) The use of handheld dental x-ray equipment is prohibited if the equipment's backscatter shield is broken or not permanently affixed to the system.

 

(c) The use of handheld dental x-ray equipment shall not be limited to situations in which it is impractical to transfer the patient to a stationary x-ray system.

 

(d) Handheld dental x-ray equipment must be stored when not in use, by being secured in a restricted, locked area of the facility.

 

(e) Handheld dental x-ray equipment must be calibrated initially and at intervals that must not exceed 24 months.  Calibration must include the test specified in Minnesota Rules, part 4732.1100, subpart 11.

 

(f) Notwithstanding Minnesota Rules, part 4732.0880, subpart 2, item C, the tube housing and the position-indicating device of handheld dental x-ray equipment may be handheld during an exposure.

 

Subd. 3.  Exemptions from certain shielding requirements.  Handheld dental x-ray equipment used according to this section and according to manufacturer instructions is exempt from the following requirements for the equipment:

 

(1) shielding requirements in Minnesota Rules, part 4732.0365, item B; and

 

(2) requirements for the location of the x-ray control console or utilization of a protective barrier in Minnesota Rules, part 4732.0800, subpart 2, item B, subitems (2) and (3), provided the equipment utilizes a backscatter shield that satisfies the requirements in subdivision 2, paragraph (a), clause (2).

 

Subd. 4.  Compliance with rules.  A registrant using handheld dental x-ray equipment shall otherwise comply with Minnesota Rules, chapter 4732.


Journal of the House - 30th Day - Wednesday, March 15, 2017 - Top of Page 1400

Sec. 2.  Minnesota Statutes 2016, section 144.99, subdivision 1, is amended to read:

 

Subdivision 1.  Remedies available.  The provisions of chapters 103I and 157 and sections 115.71 to 115.77; 144.12, subdivision 1, paragraphs (1), (2), (5), (6), (10), (12), (13), (14), and (15); 144.1201 to 144.1204; 144.121; 144.1215; 144.1222; 144.35; 144.381 to 144.385; 144.411 to 144.417; 144.495; 144.71 to 144.74; 144.9501 to 144.9512; 144.97 to 144.98; 144.992; 326.70 to 326.785; 327.10 to 327.131; and 327.14 to 327.28 and all rules, orders, stipulation agreements, settlements, compliance agreements, licenses, registrations, certificates, and permits adopted or issued by the department or under any other law now in force or later enacted for the preservation of public health may, in addition to provisions in other statutes, be enforced under this section."

 

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.

 

 

SECOND READING OF HOUSE BILLS

 

 

      H. F. Nos. 347, 919, 1418 and 1832 were read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

O'Driscoll introduced:

 

H. F. No. 2419, A bill for an act relating to campaign finance; codifying certain campaign finance and public disclosure rules; repealing obsolete rules; amending Minnesota Statutes 2016, sections 10A.01, subdivision 12; 10A.025, subdivision 1a; 10A.04, by adding a subdivision; 10A.071, subdivision 1; 10A.09, subdivisions 5, 6; 10A.15, by adding a subdivision; 10A.20, subdivision 3; 10A.25, subdivision 2; 10A.27, subdivision 1, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 10A; repealing Minnesota Rules, parts 4501.0500, subpart 2; 4503.0200, subpart 6; 4503.0300, subpart 4; 4503.0400, subpart 1; 4503.0500, subparts 5, 8; 4503.0700, subparts 2, 3; 4503.1300, subpart 5; 4503.1400, subpart 9; 4503.1450, subpart 3; 4503.1600; 4503.1700; 4503.1800; 4505.0100, subpart 3; 4505.0900, subparts 2, 3, 4, 5, 6, 7; 4511.0500, subpart 2; 4512.0100, subparts 2, 5; 4525.0210, subpart 1.

 

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

 

 

Lillie introduced:

 

H. F. No. 2420, A bill for an act relating to employment; modifying school conference and activities leave to include an employee's grandchild; amending Minnesota Statutes 2016, section 181.9412, subdivision 2.

 

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


Journal of the House - 30th Day - Wednesday, March 15, 2017 - Top of Page 1401

Backer introduced:

 

H. F. No. 2421, A bill for an act relating to taxation; sales and use; exempting certain sales of electricity; amending Minnesota Statutes 2016, sections 297A.67, subdivision 15, by adding a subdivision; 297A.68, subdivisions 2, 3, 10, 30.

 

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

 

 

Albright introduced:

 

H. F. No. 2422, A bill for an act relating to state government; public employee collective bargaining; modifying Minnesota State Colleges and Universities provisions; amending Minnesota Statutes 2016, section 43A.06, subdivision 1.

 

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

 

 

Flanagan; Kunesh-Podein; Allen; Becker-Finn; Dehn, R.; Mariani; Clark; Moran and Maye Quade introduced:

 

H. F. No. 2423, A bill for an act relating to workforce development; providing for a regional American Indian and communities of color worker reintegration and stabilization initiative; appropriating money.

 

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

 

 

Gunther introduced:

 

H. F. No. 2424, A bill for an act relating to economic development; appropriating money for sustainable child care in rural Minnesota.

 

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

 

 

Gunther introduced:

 

H. F. No. 2425, A bill for an act relating to economic development; appropriating money for sustainable child care in rural Minnesota.

 

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

 

 

Whelan introduced:

 

H. F. No. 2426, A bill for an act relating to taxation; property; establishing the Legislative Property Tax Reform Task Force; requiring a report.

 

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


Journal of the House - 30th Day - Wednesday, March 15, 2017 - Top of Page 1402

Fenton introduced:

 

H. F. No. 2427, A bill for an act relating to campaign finance; prohibiting transfer of a principal campaign committee registration to another candidate; amending Minnesota Statutes 2016, sections 10A.105, subdivision 1; 10A.14, subdivision 1.

 

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

 

 

Sundin, Ecklund and Metsa introduced:

 

H. F. No. 2428, A bill for an act relating to transportation; appropriating money for airport hangar construction.

 

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

 

 

Ward, Fischer, Flanagan and Youakim introduced:

 

H. F. No. 2429, A bill for an act relating to education finance; conveying the Crosswinds school from the Perpich Center for Arts Education to Independent School District No. 625, St. Paul; clarifying funding during the transition year; requiring a report; amending Minnesota Statutes 2016, section 129C.10, subdivision 3; repealing Minnesota Statutes 2016, sections 129C.10, subdivision 5a; 129C.30.

 

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

 

 

REPORT FROM THE COMMITTEE ON RULES

AND LEGISLATIVE ADMINISTRATION

 

      Peppin from the Committee on Rules and Legislative Administration, pursuant to rules 1.21 and 3.33, designated the following bill to be placed on the Calendar for the Day for Thursday, March 16, 2017 and established a prefiling requirement for amendments offered to the following bill:

 

      H. F. No. 1478.

 

 

MOTIONS AND RESOLUTIONS

 

 

      Dehn, R., moved that the name of West be added as an author on H. F. No. 217.  The motion prevailed.

 

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

 

      Applebaum moved that the name of West be added as an author on H. F. No. 298.  The motion prevailed.

 

      Pierson moved that the names of McDonald and Dettmer be added as authors on H. F. No. 608.  The motion prevailed.

 

      Rarick moved that the names of Mariani and Layman be added as authors on H. F. No. 631.  The motion prevailed.


Journal of the House - 30th Day - Wednesday, March 15, 2017 - Top of Page 1403

           Zerwas moved that the name of Lee be added as an author on H. F. No. 742.  The motion prevailed.

 

      Hamilton moved that the name of Davnie be added as an author on H. F. No. 747.  The motion prevailed.

 

      Daniels moved that the name of Petersburg be added as an author on H. F. No. 763.  The motion prevailed.

 

      Daniels moved that the name of Petersburg be added as an author on H. F. No. 764.  The motion prevailed.

 

      Schomacker moved that the name of Bennett be added as an author on H. F. No. 823.  The motion prevailed.

 

      Johnson, C., moved that his name be stricken as an author on H. F. No. 837.  The motion prevailed.

 

      Halverson moved that the name of Ecklund be added as an author on H. F. No. 848.  The motion prevailed.

 

      Hausman moved that the name of Bernardy be added as an author on H. F. No. 864.  The motion prevailed.

 

      Hamilton moved that the names of Poston and Dehn, R., be added as authors on H. F. No. 874.  The motion prevailed.

 

      Koznick moved that the name of Christensen be added as an author on H. F. No. 901.  The motion prevailed.

 

      Bernardy moved that the name of Jurgens be added as an author on H. F. No. 1067.  The motion prevailed.

 

      Hamilton moved that the name of Dettmer be added as an author on H. F. No. 1088.  The motion prevailed.

 

      West moved that the name of Lohmer be added as an author on H. F. No. 1130.  The motion prevailed.

 

      Johnson, C., moved that the names of Cornish and Murphy, M., be added as authors on H. F. No. 1190.  The motion prevailed.

 

      Johnson, C., moved that the names of Torkelson and Cornish be added as authors on H. F. No. 1191.  The motion prevailed.

 

      Johnson, C., moved that the names of Cornish and Murphy, M., be added as authors on H. F. No. 1193.  The motion prevailed.

 

      Lueck moved that the name of Poston be added as an author on H. F. No. 1247.  The motion prevailed.

 

      O'Neill moved that the name of Lohmer be added as an author on H. F. No. 1252.  The motion prevailed.

 

      Theis moved that the name of Pierson be added as an author on H. F. No. 1284.  The motion prevailed.

 

      Albright moved that the names of Metsa and Marquart be added as authors on H. F. No. 1303.  The motion prevailed.

 

      Nornes moved that the name of Mariani be added as an author on H. F. No. 1382.  The motion prevailed.

 

      Kresha moved that the name of Murphy, E., be added as an author on H. F. No. 1392.  The motion prevailed.

 


Journal of the House - 30th Day - Wednesday, March 15, 2017 - Top of Page 1404

           Flanagan moved that the name of Thissen be added as an author on H. F. No. 1407.  The motion prevailed.

 

      Baker moved that the name of Dehn, R., be added as an author on H. F. No. 1470.  The motion prevailed.

 

      Lucero moved that the name of Howe be added as an author on H. F. No. 1508.  The motion prevailed.

 

      Kresha moved that the name of Lohmer be added as an author on H. F. No. 1702.  The motion prevailed.

 

      Considine moved that the name of Lee be added as an author on H. F. No. 1776.  The motion prevailed.

 

      Loon moved that the name of Wills be added as an author on H. F. No. 1906.  The motion prevailed.

 

      Gruenhagen moved that the name of McDonald be added as an author on H. F. No. 1952.  The motion prevailed.

 

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

 

      Nash moved that the name of Whelan be added as an author on H. F. No. 2058.  The motion prevailed.

 

      Sauke moved that the name of Pierson be added as an author on H. F. No. 2078.  The motion prevailed.

 

      Fabian moved that the name of Davids be added as an author on H. F. No. 2183.  The motion prevailed.

 

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

 

      Albright moved that the name of Sauke be added as an author on H. F. No. 2274.  The motion prevailed.

 

      Hornstein moved that the name of Bly be added as an author on H. F. No. 2280.  The motion prevailed.

 

      Sundin moved that the name of Bly be added as an author on H. F. No. 2311.  The motion prevailed.

 

      Ward moved that the name of Bly be added as an author on H. F. No. 2318.  The motion prevailed.

 

      Flanagan moved that the name of Bly be added as an author on H. F. No. 2324.  The motion prevailed.

 

      Johnson, S., moved that the name of Bly be added as an author on H. F. No. 2327.  The motion prevailed.

 

      Maye Quade moved that the name of Bly be added as an author on H. F. No. 2331.  The motion prevailed.

 

      Omar moved that the name of Bly be added as an author on H. F. No. 2333.  The motion prevailed.

 

      Murphy, E., moved that the name of Bly be added as an author on H. F. No. 2334.  The motion prevailed.

 

      Maye Quade moved that the name of Bly be added as an author on H. F. No. 2338.  The motion prevailed.

 

      Marquart moved that the name of Bly be added as an author on H. F. No. 2344.  The motion prevailed.

 

      Marquart moved that the name of Bly be added as an author on H. F. No. 2345.  The motion prevailed.

 

      Daniels moved that the name of Lohmer be added as an author on H. F. No. 2356.  The motion prevailed.

 


Journal of the House - 30th Day - Wednesday, March 15, 2017 - Top of Page 1405

           Gruenhagen moved that the names of Lee and Pugh be added as authors on H. F. No. 2389.  The motion prevailed.

 

      Allen moved that the name of Bly be added as an author on H. F. No. 2395.  The motion prevailed.

 

      Jessup moved that the name of Lohmer be added as an author on H. F. No. 2401.  The motion prevailed.

 

      Mahoney moved that the names of Lee and Bly be added as authors on H. F. No. 2408.  The motion prevailed.

 

      Davnie moved that the names of Dehn, R., and Bly be added as authors on H. F. No. 2409.  The motion prevailed.

 

      Lueck moved that the names of Uglem, Howe and Heintzeman be added as authors on H. F. No. 2411.  The motion prevailed.

 

      Thissen moved that H. F. No. 1338 be recalled from the Committee on Education Innovation Policy and be re‑referred to the Committee on Education Finance.  The motion prevailed.

 

      Ward moved that H. F. No. 2172 be recalled from the Committee on Public Safety and Security Policy and Finance and be re-referred to the Committee on Capital Investment.  The motion prevailed.

 

      Lueck moved that H. F. No. 2301 be recalled from the Committee on Higher Education and Career Readiness Policy and Finance and be re-referred to the Committee on Environment and Natural Resources Policy and Finance.  The motion prevailed.

 

 

ADJOURNMENT

 

      Peppin moved that when the House adjourns today it adjourn until 3:30 p.m., Thursday, March 16, 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., Thursday, March 16, 2017.

 

 

Patrick D. Murphy, Chief Clerk, House of Representatives



Journal of the House - 30th Day - Wednesday, March 15, 2017 - Top of Page 1406