Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7471

 

STATE OF MINNESOTA

 

 

NINETIETH SESSION - 2018

 

_____________________

 

SEVENTY-SECOND DAY

 

Saint Paul, Minnesota, Monday, March 19, 2018

 

 

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

 

      Prayer was offered by the Reverend Steve Molin, Chisago Lakes Lutheran Church, Center City, Minnesota.

 

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

 

      The roll was called and the following members were present:

 


Albright

Anderson, P.

Anderson, S.

Anselmo

Applebaum

Backer

Bahr, C.

Baker

Barr, R.

Becker-Finn

Bennett

Bernardy

Bliss

Bly

Carlson, A.

Carlson, L.

Christensen

Clark

Considine

Daniels

Davids

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erickson

Fabian

Fenton

Fischer

Franke

Franson

Freiberg

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Jessup

Johnson, B.

Johnson, C.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Marquart

Masin

Maye Quade

McDonald

Metsa

Miller

Munson

Murphy, E.

Murphy, M.

Nash

Nelson

Neu

Newberger

Nornes

O'Driscoll

Olson

Omar

O'Neill

Pelowski

Peppin

Petersburg

Peterson

Pierson

Pinto

Poppe

Poston

Pryor

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sandstede

Sauke

Schomacker

Schultz

Scott

Slocum

Smith

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

West

Whelan

Wills

Youakim

Zerwas

Spk. Daudt


 

      A quorum was present.

 

      Allen; Davnie; Flanagan; Johnson, S.; Mariani; Moran and Thissen were excused.

 

      Lesch was excused until 3:45 p.m.

 

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


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7472

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Johnson, B., from the Committee on Public Safety and Security Policy and Finance to which was referred:

 

H. F. No. 390, A bill for an act relating to public safety; increasing penalties for obstructing traffic access to a trunk highway or airport; amending the crime of obstructing transit; amending Minnesota Statutes 2016, sections 160.2715; 609.855, subdivision 2.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2016, section 609.74, is amended to read:

 

609.74 PUBLIC NUISANCE.

 

(a) Whoever by an act or failure to perform a legal duty intentionally does any of the following is guilty of maintaining a public nuisance, which is a misdemeanor:

 

(1) maintains or permits a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort, or repose of any considerable number of members of the public; or

 

(2) except as provided in paragraph (b), interferes with, obstructs, or renders dangerous for passage, any public highway or right-of-way, or waters used by the public; or

 

(3) is guilty of any other act or omission declared by law to be a public nuisance and for which no sentence is specifically provided.

 

(b) It is a gross misdemeanor for a person to interfere with or obstruct traffic that is entering, exiting, or on a freeway or entering, exiting, or on a public roadway within the boundaries of airport property with the intent to interfere with, obstruct, or otherwise disrupt traffic.  This paragraph does not apply to the actions of law enforcement or other emergency responders, road or airport authorities, or utility officials, or their agents, employees, or contractors when carrying out duties imposed by law or contract.  For purposes of this paragraph:  (1) "airport" means an airport that has a control tower and airline service; and (2) "freeway" means any section of a divided highway where the only access and egress for vehicular traffic is from entrance and exit ramps.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to crimes committed on or after that date.

 

Sec. 2.  Minnesota Statutes 2016, section 609.855, subdivision 2, is amended to read:

 

Subd. 2.  Unlawful interference with transit operator.  (a) Whoever intentionally commits an act that interferes with or obstructs, or tends to interfere with or obstruct, the operation of a transit vehicle is guilty of unlawful interference with a transit operator a crime and may be sentenced as provided in paragraph (c).

 

(b) An act that is committed on a transit vehicle that distracts the driver from the safe operation of the vehicle, restricts passenger access to the transit vehicle, or that endangers passengers is a violation of this subdivision if an authorized transit representative has clearly warned the person once to stop the act.


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(c) A person who violates this subdivision may be sentenced as follows:

 

(1) to imprisonment for not more than three years or to payment of a fine of not more than $5,000, or both, if the violation was accompanied by force or violence or a communication of a threat of force or violence; or

 

(2) to imprisonment for not more than 90 days one year or to payment of a fine of not more than $1,000 $3,000, or both, if the violation was not accompanied by force or violence or a communication of a threat of force or violence.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to crimes committed on or after that date."

 

Delete the title and insert:

 

"A bill for an act relating to public safety; increasing penalties for obstructing trunk highway, airport, or transit traffic; amending Minnesota Statutes 2016, sections 609.74; 609.855, subdivision 2."

 

 

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

 

      The report was adopted.

 

 

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

 

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

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 1403, A bill for an act relating to health; adding alcohol and drug counselors to the health professional education loan forgiveness program; amending Minnesota Statutes 2016, sections 144.1501, subdivisions 1, 2, 3; 144.608, subdivision 1; 147A.08.

 

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. 1440, A bill for an act relating to health; establishing an opiate stewardship program; appropriating money; requiring a report; amending Minnesota Statutes 2016, sections 151.065, subdivision 3; 151.252, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 151.

 

Reported the same back with the following amendments:


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Delete everything after the enacting clause and insert:

 

"Section 1.  [151.255] OPIOID ADDICTION PREVENTION AND TREATMENT ADVISORY COUNCIL.

 

Subdivision 1.  Establishment of advisory council.  (a) The Opioid Addiction Prevention and Treatment Advisory Council is established to confront the opioid addiction and overdose epidemic in this state and focus on:

 

(1) prevention and education, including public education and awareness for adults and youth, prescriber education, and the development and sustainability of opioid overdose prevention programs;

 

(2) the expansion and enhancement of a continuum of care for opioid-related substance use disorders, including primary prevention, early intervention, treatment, and recovery services; and

 

(3) services to ensure overdose prevention as well as public safety and community well-being, including expanding access to naloxone and providing social services to families affected by the opioid overdose epidemic.

 

(b) The council shall:

 

(1) review local, state, and federal initiatives and activities related to education, prevention, and services for individuals and families experiencing and affected by opioid addiction;

 

(2) establish priorities and actions to address the state's opioid epidemic for the purpose of allocating funds;

 

(3) ensure optimal allocation of available funding and alignment of existing state and federal funding to achieve the greatest impact and ensure a coordinated state effort;

 

(4) develop criteria and procedures to be used in awarding grants and allocating available funds from the opioid addiction prevention and treatment account; and

 

(5) develop measurable outcomes to determine the effectiveness of the funds allocated.

 

(c) The council shall make recommendations on grant and funding options for the funds annually appropriated to the commissioner of human services from the opioid addiction prevention and treatment account.  The options for funding may include, but are not limited to:  prescriber education; the development and sustainability of prevention programs; the creation of a continuum of care for opioid-related substance abuse disorders, including primary prevention, early intervention, treatment, and recovery services; and additional funding for child protection case management services for children and families affected by opioid addiction.  The council shall submit recommendations for funding options to the commissioner of human services and to the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services policy and finance by March 1 of each year, beginning March 1, 2019.

 

Subd. 2.  Membership.  (a) The council shall consist of 17 members appointed by the commissioner of human services, except as otherwise specified:

 

(1) two members of the house of representatives, one from the majority party appointed by the speaker of the house and one from the minority party appointed by the minority leader;

 

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


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7475

(3) one member appointed by the Board of Pharmacy;

 

(4) one member who is a medical doctor appointed by the Minnesota chapter of the American College of Emergency Physicians;

 

(5) one member representing programs licensed under chapter 245G that specialize in serving people with opioid use disorders;

 

(6) one member who is a medical doctor appointed by the Minnesota Hospital Association;

 

(7) one member who is a medical doctor appointed by the Minnesota Society of Addiction Medicine;

 

(8) one member representing a pain psychologist;

 

(9) one member appointed by the Steve Rummler Hope Network;

 

(10) one member appointed by the Minnesota Ambulance Association;

 

(11) one member representing the Minnesota courts who is a judge or law enforcement officer;

 

(12) one public member who is a Minnesota resident and who has been impacted by the opioid epidemic;

 

(13) one member representing an Indian tribe;

 

(14) the commissioner of human services or designee; and

 

(15) the commissioner of health or designee.

 

(b) The commissioner shall coordinate appointments to provide geographic diversity and shall ensure that at least one-half of council members reside outside of the seven-county metropolitan area.

 

(c) The council is governed by section 15.059, except that members of the council shall receive no compensation other than reimbursement for expenses.  Notwithstanding section 15.059, subdivision 6, the council shall not expire.

 

(d) The chair shall convene the council at least quarterly, and may convene other meetings as necessary.  The chair shall convene meetings at different locations in the state to provide geographic access and shall ensure that at least one-half of the meetings are held at locations outside of the seven-county metropolitan area.

 

(e) The commissioner of human services shall provide staff and administrative services for the advisory council.

 

(f) The council is subject to chapter 13D.

 

Sec. 2.  [151.256] OPIOID ADDICTION PREVENTION AND TREATMENT ACCOUNT.

 

Subdivision 1.  Establishment.  The opioid addiction prevention and treatment account is established in the special revenue fund in the state treasury.  All state appropriations to the account, and any federal funds or grant dollars received for the prevention and treatment of opioid addiction, shall be deposited into the account.


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7476

Subd. 2.  Use of account funds.  (a) For fiscal year 2019, money in the account is appropriated as specified in section 3.

 

(b) For fiscal year 2020 and subsequent fiscal years, money in the opioid addiction prevention and treatment account is appropriated to the commissioner of human services, to be awarded, in consultation with the Opioid Addiction Prevention and Treatment Advisory Council, as grants or as other funding as determined appropriate to address the opioid epidemic in the state.  Each recipient of grants or funding shall report to the commissioner and the advisory council on how the funds were spent and the outcomes achieved, in the form and manner specified by the commissioner.

 

Subd. 3.  Annual report.  Beginning January 15, 2019, and each January 15 thereafter, the commissioner, in consultation with the Opioid Addiction Prevention and Treatment Advisory Council, shall report to the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services policy and finance on the grants and funds awarded under this section and section 3 and the outcomes achieved.  Each report must also identify those instances for which the commissioner did not follow the recommendations of the advisory council and the commissioner's rationale for taking this action.

 

Sec. 3.  APPROPRIATION; OPIOID ADDICTION PREVENTION AND TREATMENT.

 

Subdivision 1.  Commissioner of human services.  (a) For fiscal year 2019, $16,500,000 is transferred from the general fund to the opioid addiction prevention and treatment account.  This money is appropriated from the account to the commissioner of human services.  The commissioner, in consultation with the Opioid Addiction Prevention and Treatment Advisory Council, shall distribute the appropriation according to this subdivision.

 

(b) At least 30 percent of the available funds shall be used for county social services agencies to provide services to children in placement who are affected by opioid addiction.  The commissioner shall distribute the money allocated under this subdivision proportionally to counties based on the number of open child protection case management cases in the county using data from the previous calendar year.

 

(c) At least ten percent of the available funds shall be used to provide grants to county boards to fund programs and services to prevent and treat opioid addiction.

 

(d) The commissioner may use up to five percent of the available funds for administration of this section and to provide staff and administrative services for the Opioid Addiction Prevention and Treatment Advisory Council.

 

(e) The remaining appropriation must be used for the following purposes:

 

(1) providing grants to nonprofit organizations, including grants to regional emergency medical services programs regulated under Minnesota Statutes, section 144E.50, for the purpose of expanding prescriber education and public awareness and the purchase of opiate antagonists for distribution to the health care and public safety communities; and

 

(2) providing a five percent increase in medical assistance payment rates for substance use disorder services under Minnesota Statutes, section 254B.05, subdivision 5.

 

(f) Each recipient of grants or funding shall report to the commissioner and the Opioid Addiction Prevention and Treatment Advisory Council on how the funds were spent and the outcomes achieved, in the form and manner specified by the commissioner.

 

(g) Of the amount transferred in paragraph (a), $15,000,000 shall remain as base funding for the opioid addiction prevention and treatment account for fiscal year 2020 and subsequent fiscal years.


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7477

Subd. 2.  Board of Pharmacy.  For fiscal year 2019, $3,500,000 from the general fund is transferred to the opioid addiction prevention and treatment account.  This money is appropriated from the account to the Board of Pharmacy, to integrate the prescription monitoring program database with electronic health records on a statewide basis.  The board may use this funding to contract with a vendor for technical assistance, provide grants to health care providers, and to make any necessary technological modifications to the prescription monitoring program database.  This funding does not cancel and is available until expended.

 

Sec. 4.  APPROPRIATION; BEYOND OPIOIDS PROJECT.

 

$1,600,000 in fiscal year 2018 is appropriated from the general fund to the commissioner of administration for grants to Twin Cities Public Television and to the Association of Minnesota Public Educational Radio Stations to produce the Beyond Opioids Project in collaboration with the stations of the Minnesota Public Television Association.  Seventy percent of this funding shall go to Twin Cities Public Television and 30 percent shall go to the Association of Minnesota Public Educational Radio Stations.  This appropriation is available until June 30, 2019.

 

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

 

Sec. 5.  ADVISORY COUNCIL FIRST MEETING.

 

The commissioner of human services shall convene the first meeting of the Opioid Addiction Prevention and Treatment Advisory Council established under Minnesota Statutes, section 151.255, no later than October 1, 2018.  The members shall elect a chair at the first meeting."

 

Delete the title and insert:

 

"A bill for an act relating to health; establishing the Opioid Addiction Prevention and Treatment Advisory Council; establishing a special revenue fund for opioid addiction prevention and treatment; appropriating money; requiring reports; proposing coding for new law in Minnesota Statutes, chapter 151."

 

 

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.

 

 

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

 

H. F. No. 1535, A bill for an act relating to housing; appropriating money for the workforce and affordable housing program; amending Minnesota Statutes 2016, section 462A.38.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2016, section 462A.38, is amended to read:


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7478

462A.38 WORKFORCE AND AFFORDABLE HOMEOWNERSHIP DEVELOPMENT PROGRAM.

 

Subdivision 1.  Establishment.  A workforce and affordable homeownership development program is established to award homeownership development grants and loans to cities, tribal governments, nonprofit organizations, cooperatives created under chapter 308A or 308B, and community land trusts created for the purposes outlined in section 462A.31, subdivision 1, for development of workforce and affordable homeownership projects.  The purpose of the program is to increase the supply of workforce and affordable, owner-occupied multifamily or single-family housing throughout Minnesota.

 

Subd. 2.  Use of funds.  (a) Grant funds and loans awarded under this program may be used for:

 

(1) development costs;

 

(2) rehabilitation;

 

(3) land development; and

 

(4) residential housing, including storm shelters and related community facilities.

 

(b) A project funded through the grant this program shall serve households that meet the income limits as provided in section 462A.33, subdivision 5, unless a project is intended for the purpose outlined in section 462A.02, subdivision 6.

 

Subd. 3.  Application.  The commissioner shall develop forms and procedures for soliciting and reviewing applications for grants and loans under this section.  The commissioner shall consult with interested stakeholders when developing the guidelines and procedures for the program.  In making grants and loans, the commissioner shall establish semiannual application deadlines in which grants and loans will be authorized from all or part of the available appropriations.

 

Subd. 4.  Awarding grants and loans.  Among comparable proposals, preference must be given to proposals that include contributions from nonstate resources for the greatest portion of the total development cost.

 

Subd. 5.  Statewide program.  The agency shall attempt to make grants and loans in approximately equal amounts to applicants outside and within the metropolitan area, as defined under section 473.121, subdivision 2.

 

Subd. 6.  Report.  Beginning January 15, 2018, the commissioner must annually submit a report to the chairs and ranking minority members of the senate and house of representatives committees having jurisdiction over housing and workforce development specifying the projects that received grants and loans under this section and the specific purposes for which the grant or loan funds were used.

 

Subd. 7.  Workforce and affordable homeownership development account.  A workforce and affordable homeownership development account is established in the housing development fund.  Money in the account, including interest, is appropriated to the commissioner of the Housing Finance Agency for the purposes of this section.  The amount appropriated under this section must supplement traditional sources of funding for this purpose and must not be used as a substitute or to pay debt service on bonds.

 

Subd. 8.  Deposits; determination of funding amount.  (a) In fiscal years 2019 to 2027, the commissioner of revenue shall annually deposit, by September 15, an amount equal to the increment determined under paragraph (b) into the workforce and affordable homeownership account in the housing development fund.


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(b) By September 1, 2018, and each year thereafter through 2027, the commissioner of revenue must determine the total amount of the proceeds of the mortgage registry tax imposed under section 287.035 and the deed tax imposed under section 287.21 that was collected during the fiscal year ending in that calendar year and must determine the increment that exceeds the amount collected in the previous fiscal year.  The increment calculated under this paragraph must not be less than $0.

 

(c) All loan repayments received under this section are to be deposited into the workforce and affordable homeownership development account in the housing development fund.

 

EFFECTIVE DATE.  This section is effective July 1, 2018."

 

Delete the title and insert:

 

"A bill for an act relating to housing; expanding the entities qualified to participate in and types of funding available through the workforce and affordable homeownership development program; creating the workforce and affordable homeownership development account; appropriating money; amending Minnesota Statutes 2016, section 462A.38."

 

 

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

 

      The report was adopted.

 

 

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

 

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

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 2389, A bill for an act relating to human services; establishing a study on use of acupuncture for pain relief to reduce opioid prescriptions; requiring a report; appropriating money.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  ALTERNATIVE PAIN MANAGEMENT PILOT PROGRAM.

 

(a) The commissioner of human services shall develop and implement a pilot program to direct patients towards effective nonpharmacologic treatments and methods of managing musculoskeletal pain.  The commissioner may consider the following nonpharmacologic treatment options:  acupuncture; chiropractic; osteopathic manipulative treatment; massage; physical therapy; yoga, taiji, and other movement therapies; meditation; relaxation therapy; and cognitive behavioral therapy.


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(b) The commissioner shall form a working group comprised of an equal number of the following health care practitioners:  acupuncture practitioners licensed under Minnesota Statutes, chapter 147B; chiropractors licensed under Minnesota Statutes, section 148.06; physical therapists licensed under Minnesota Statutes, section 148.705; and psychologists licensed under Minnesota Statutes, section 148.907.  The working group shall establish guidelines for nonpharmacologic pain management that are clinically viable, sustainable, and reduce and eliminate pain conditions.  The program guidelines must be based on best practices for the effective treatment of musculoskeletal pain for each licensed profession.  Each represented licensee shall present the minimum best integrative practice guidelines, including, but not limited to, CPT codes and references to nonpharmacologic treatment options for eliminating pain within their full professional scope.  The working group shall determine a single integrative reimbursement rate appropriate for all participating providers to be administered by managed care plans.  The working group shall develop procedures to ensure that managed care plans provide the same payment to all provider types in a timely manner.  The commissioner shall utilize the working group to refine and improve program guidelines and administration as needed.

 

(c) The working group shall present recommendations on guidelines to the commissioner by August 1, 2018.

 

(d) The commissioner shall contract with a managed care plan to implement the pilot program beginning January 1, 2019, based on guidelines and procedures established by the working group.

 

(e) The commissioner and the managed care plan shall establish outcome measures for the pilot program that assess reductions in pain levels, medication use, emergency room visits, and improvements in function.  These outcome measures shall be reviewed by the working group before implementation under the pilot program.

 

(f) The commissioner shall submit an evaluation of the pilot program, and recommendations on how to implement the pilot program guidelines and procedures as the standard pain protocol used by the Department of Human Services, to the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services policy and finance by December 15, 2020.

 

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

 

Delete the title and insert:

 

"A bill for an act relating to human services; establishing alternative pain management pilot program; requiring evaluation of pilot program."

 

 

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. 2653, A bill for an act relating to health; requiring the commissioner to make information on human herpesvirus cytomegalovirus available to certain individuals; proposing coding for new law in Minnesota Statutes, chapter 144.

 

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.


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

 

H. F. No. 2739, A bill for an act relating to transportation; designating a section of U.S. Highway 12 as Officer Bill Mathews Memorial Highway; amending Minnesota Statutes 2016, section 161.14, by adding a subdivision.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 2741, A bill for an act relating to human services; requiring a report to the legislature on medical assistance, long-term services and supports, and other public assistance program applications.

 

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.

 

 

Erickson from the Committee on Education Innovation Policy to which was referred:

 

H. F. No. 2860, A bill for an act relating to education; requiring the commissioner of education to review district and charter school curricula; requiring a report; amending Minnesota Statutes 2016, section 120B.021, by adding a subdivision.

 

Reported the same back with the following amendments:

 

Page 1, line 11, after the period, insert "The sample of school districts must include school districts of varied size and geographic region."

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 2887, A bill for an act relating to agriculture; prohibiting certain rules related to nitrogen fertilizer unless approved by law; amending Minnesota Statutes 2016, section 103H.275, subdivision 1.

 

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

 

      The report was adopted.


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

 

H. F. No. 2908, A bill for an act relating to transportation; designating a bridge on marked U.S. Highway 52 in Rosemount as Warrant Officer Dennis A. Groth Memorial 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.

 

 

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

 

H. F. No. 2911, A bill for an act relating to human services; modifying adult foster care and community residential setting license capacity; modifying home and community-based services plan review and evaluation and intervention services; amending Minnesota Statutes 2016, sections 245D.071, subdivision 5; 245D.091, subdivisions 2, 3, 4; Minnesota Statutes 2017 Supplement, section 245A.11, subdivision 2a.

 

Reported the same back with the following amendments:

 

Page 1, after line 7, insert:

 

"Section 1.  Minnesota Statutes 2017 Supplement, section 245A.03, subdivision 7, is amended to read:

 

Subd. 7.  Licensing moratorium.  (a) The commissioner shall not issue an initial license for child foster care licensed under Minnesota Rules, parts 2960.3000 to 2960.3340, or adult foster care licensed under Minnesota Rules, parts 9555.5105 to 9555.6265, under this chapter for a physical location that will not be the primary residence of the license holder for the entire period of licensure.  If a license is issued during this moratorium, and the license holder changes the license holder's primary residence away from the physical location of the foster care license, the commissioner shall revoke the license according to section 245A.07.  The commissioner shall not issue an initial license for a community residential setting licensed under chapter 245D.  When approving an exception under this paragraph, the commissioner shall consider the resource need determination process in paragraph (h), the availability of foster care licensed beds in the geographic area in which the licensee seeks to operate, the results of a person's choices during their annual assessment and service plan review, and the recommendation of the local county board.  The determination by the commissioner is final and not subject to appeal.  Exceptions to the moratorium include:

 

(1) foster care settings that are required to be registered under chapter 144D;

 

(2) foster care licenses replacing foster care licenses in existence on May 15, 2009, or community residential setting licenses replacing adult foster care licenses in existence on December 31, 2013, and determined to be needed by the commissioner under paragraph (b);

 

(3) new foster care licenses or community residential setting licenses determined to be needed by the commissioner under paragraph (b) for the closure of a nursing facility, ICF/DD, or regional treatment center; restructuring of state-operated services that limits the capacity of state-operated facilities; or allowing movement to the community for people who no longer require the level of care provided in state-operated facilities as provided under section 256B.092, subdivision 13, or 256B.49, subdivision 24;


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7483

(4) new foster care licenses or community residential setting licenses determined to be needed by the commissioner under paragraph (b) for persons requiring hospital level care;

 

(5) new foster care licenses or community residential setting licenses determined to be needed by the commissioner for the transition of people from personal care assistance to the home and community-based services;

 

(6) new foster care licenses or community residential setting licenses determined to be needed by the commissioner for the transition of people from the residential care waiver services to foster care services.  This exception applies only when:

 

(i) the person's case manager provided the person with information about the choice of service, service provider, and location of service to help the person make an informed choice; and

 

(ii) the person's foster care services are less than or equal to the cost of the person's services delivered in the residential care waiver service setting as determined by the lead agency; or

 

(7) new foster care licenses or community residential setting licenses for people receiving services under chapter 245D and residing in an unlicensed setting before May 1, 2017, and for which a license is required.  This exception does not apply to people living in their own home.  For purposes of this clause, there is a presumption that a foster care or community residential setting license is required for services provided to three or more people in a dwelling unit when the setting is controlled by the provider.  A license holder subject to this exception may rebut the presumption that a license is required by seeking a reconsideration of the commissioner's determination.  The commissioner's disposition of a request for reconsideration is final and not subject to appeal under chapter 14.  The exception is available until June 30, 2018 2019.  This exception is available when:

 

(i) the person's case manager provided the person with information about the choice of service, service provider, and location of service, including in the person's home, to help the person make an informed choice; and

 

(ii) the person's services provided in the licensed foster care or community residential setting are less than or equal to the cost of the person's services delivered in the unlicensed setting as determined by the lead agency.; or

 

(8) a vacancy in a setting granted an exception under clause (7), may receive an exception created by a person receiving services under chapter 245D and residing in the unlicensed setting between January 1, 2017, and May 1, 2017, for which a vacancy occurs between January 1, 2017, and the date of the exception request.  This exception is available when the lead agency provides documentation to the commissioner on the eligibility criteria being met.  This exception is available until June 30, 2019.

 

(b) The commissioner shall determine the need for newly licensed foster care homes or community residential settings as defined under this subdivision.  As part of the determination, the commissioner shall consider the availability of foster care capacity in the area in which the licensee seeks to operate, and the recommendation of the local county board.  The determination by the commissioner must be final.  A determination of need is not required for a change in ownership at the same address.

 

(c) When an adult resident served by the program moves out of a foster home that is not the primary residence of the license holder according to section 256B.49, subdivision 15, paragraph (f), or the adult community residential setting, the county shall immediately inform the Department of Human Services Licensing Division.  The department may decrease the statewide licensed capacity for adult foster care settings.

 

(d) Residential settings that would otherwise be subject to the decreased license capacity established in paragraph (c) shall be exempt if the license holder's beds are occupied by residents whose primary diagnosis is mental illness and the license holder is certified under the requirements in subdivision 6a or section 245D.33.


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7484

(e) A resource need determination process, managed at the state level, using the available reports required by section 144A.351, and other data and information shall be used to determine where the reduced capacity determined under section 256B.493 will be implemented.  The commissioner shall consult with the stakeholders described in section 144A.351, and employ a variety of methods to improve the state's capacity to meet the informed decisions of those people who want to move out of corporate foster care or community residential settings, long-term service needs within budgetary limits, including seeking proposals from service providers or lead agencies to change service type, capacity, or location to improve services, increase the independence of residents, and better meet needs identified by the long-term services and supports reports and statewide data and information.

 

(f) At the time of application and reapplication for licensure, the applicant and the license holder that are subject to the moratorium or an exclusion established in paragraph (a) are required to inform the commissioner whether the physical location where the foster care will be provided is or will be the primary residence of the license holder for the entire period of licensure.  If the primary residence of the applicant or license holder changes, the applicant or license holder must notify the commissioner immediately.  The commissioner shall print on the foster care license certificate whether or not the physical location is the primary residence of the license holder.

 

(g) License holders of foster care homes identified under paragraph (f) that are not the primary residence of the license holder and that also provide services in the foster care home that are covered by a federally approved home and community-based services waiver, as authorized under section 256B.0915, 256B.092, or 256B.49, must inform the human services licensing division that the license holder provides or intends to provide these waiver-funded services.

 

(h) The commissioner may adjust capacity to address needs identified in section 144A.351.  Under this authority, the commissioner may approve new licensed settings or delicense existing settings.  Delicensing of settings will be accomplished through a process identified in section 256B.493.  Annually, by August 1, the commissioner shall provide information and data on capacity of licensed long-term services and supports, actions taken under the subdivision to manage statewide long-term services and supports resources, and any recommendations for change to the legislative committees with jurisdiction over the health and human services budget.

 

(i) The commissioner must notify a license holder when its corporate foster care or community residential setting licensed beds are reduced under this section.  The notice of reduction of licensed beds must be in writing and delivered to the license holder by certified mail or personal service.  The notice must state why the licensed beds are reduced and must inform the license holder of its right to request reconsideration by the commissioner.  The license holder's request for reconsideration must be in writing.  If mailed, the request for reconsideration must be postmarked and sent to the commissioner within 20 calendar days after the license holder's receipt of the notice of reduction of licensed beds.  If a request for reconsideration is made by personal service, it must be received by the commissioner within 20 calendar days after the license holder's receipt of the notice of reduction of licensed beds.

 

(j) The commissioner shall not issue an initial license for children's residential treatment services licensed under Minnesota Rules, parts 2960.0580 to 2960.0700, under this chapter for a program that Centers for Medicare and Medicaid Services would consider an institution for mental diseases.  Facilities that serve only private pay clients are exempt from the moratorium described in this paragraph.  The commissioner has the authority to manage existing statewide capacity for children's residential treatment services subject to the moratorium under this paragraph and may issue an initial license for such facilities if the initial license would not increase the statewide capacity for children's residential treatment services subject to the moratorium under this paragraph."

 

Page 3, line 8, delete "2021" and insert "2016"

 

Page 3, after line 13, insert:

 

"Sec. 3.  Minnesota Statutes 2017 Supplement, section 245D.03, subdivision 1, is amended to read:

 

Subdivision 1.  Applicability.  (a) The commissioner shall regulate the provision of home and community-based services to persons with disabilities and persons age 65 and older pursuant to this chapter.  The licensing standards in this chapter govern the provision of basic support services and intensive support services.


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7485

(b) Basic support services provide the level of assistance, supervision, and care that is necessary to ensure the health and welfare of the person and do not include services that are specifically directed toward the training, treatment, habilitation, or rehabilitation of the person.  Basic support services include:

 

(1) in-home and out-of-home respite care services as defined in section 245A.02, subdivision 15, and under the brain injury, community alternative care, community access for disability inclusion, developmental disability, and elderly waiver plans, excluding out-of-home respite care provided to children in a family child foster care home licensed under Minnesota Rules, parts 2960.3000 to 2960.3100, when the child foster care license holder complies with the requirements under section 245D.06, subdivisions 5, 6, 7, and 8, or successor provisions; and section 245D.061 or successor provisions, which must be stipulated in the statement of intended use required under Minnesota Rules, part 2960.3000, subpart 4;

 

(2) adult companion services as defined under the brain injury, community access for disability inclusion, community alternative care, and elderly waiver plans, excluding adult companion services provided under the Corporation for National and Community Services Senior Companion Program established under the Domestic Volunteer Service Act of 1973, Public Law 98-288;

 

(3) personal support as defined under the developmental disability waiver plan;

 

(4) 24-hour emergency assistance, personal emergency response as defined under the community access for disability inclusion and developmental disability waiver plans;

 

(5) night supervision services as defined under the brain injury, community access for disability inclusion, community alternative care, and developmental disability waiver plan plans;

 

(6) homemaker services as defined under the community access for disability inclusion, brain injury, community alternative care, developmental disability, and elderly waiver plans, excluding providers licensed by the Department of Health under chapter 144A and those providers providing cleaning services only; and

 

(7) individual community living support under section 256B.0915, subdivision 3j.

 

(c) Intensive support services provide assistance, supervision, and care that is necessary to ensure the health and welfare of the person and services specifically directed toward the training, habilitation, or rehabilitation of the person.  Intensive support services include:

 

(1) intervention services, including:

 

(i) behavioral positive support services as defined under the brain injury and, community access for disability inclusion, community alternative care, and developmental disability waiver plans;

 

(ii) in-home or out-of-home crisis respite services as defined under the brain injury, community access for disability inclusion, community alternative care, and developmental disability waiver plan plans; and

 

(iii) specialist services as defined under the current brain injury, community access for disability inclusion, community alternative care, and developmental disability waiver plan plans;

 

(2) in-home support services, including:

 

(i) in-home family support and supported living services as defined under the developmental disability waiver plan;


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7486

(ii) independent living services training as defined under the brain injury and community access for disability inclusion waiver plans;

 

(iii) semi-independent living services; and

 

(iv) individualized home supports services as defined under the brain injury, community alternative care, and community access for disability inclusion waiver plans;

 

(3) residential supports and services, including:

 

(i) supported living services as defined under the developmental disability waiver plan provided in a family or corporate child foster care residence, a family adult foster care residence, a community residential setting, or a supervised living facility;

 

(ii) foster care services as defined in the brain injury, community alternative care, and community access for disability inclusion waiver plans provided in a family or corporate child foster care residence, a family adult foster care residence, or a community residential setting; and

 

(iii) residential services provided to more than four persons with developmental disabilities in a supervised living facility, including ICFs/DD;

 

(4) day services, including:

 

(i) structured day services as defined under the brain injury waiver plan;

 

(ii) day training and habilitation services under sections 252.41 to 252.46, and as defined under the developmental disability waiver plan; and

 

(iii) prevocational services as defined under the brain injury and community access for disability inclusion waiver plans; and

 

(5) employment exploration services as defined under the brain injury, community alternative care, community access for disability inclusion, and developmental disability waiver plans;

 

(6) employment development services as defined under the brain injury, community alternative care, community access for disability inclusion, and developmental disability waiver plans; and

 

(7) employment support services as defined under the brain injury, community alternative care, community access for disability inclusion, and developmental disability waiver plans."

 

Page 4, delete section 3 and insert:

 

"Sec. 5.  Minnesota Statutes 2016, section 245D.091, subdivision 2, is amended to read:

 

Subd. 2.  Behavior Positive support professional qualifications.  A behavior positive support professional providing behavioral positive support services as identified in section 245D.03, subdivision 1, paragraph (c), clause (1), item (i), must have competencies in the following areas as required under the brain injury and, community access for disability inclusion, community alternative care, and developmental disability waiver plans or successor plans:

 

(1) ethical considerations;


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7487

(2) functional assessment;

 

(3) functional analysis;

 

(4) measurement of behavior and interpretation of data;

 

(5) selecting intervention outcomes and strategies;

 

(6) behavior reduction and elimination strategies that promote least restrictive approved alternatives;

 

(7) data collection;

 

(8) staff and caregiver training;

 

(9) support plan monitoring;

 

(10) co-occurring mental disorders or neurocognitive disorder;

 

(11) demonstrated expertise with populations being served; and

 

(12) must be a:

 

(i) psychologist licensed under sections 148.88 to 148.98, who has stated to the Board of Psychology competencies in the above identified areas;

 

(ii) clinical social worker licensed as an independent clinical social worker under chapter 148D, or a person with a master's degree in social work from an accredited college or university, with at least 4,000 hours of post-master's supervised experience in the delivery of clinical services in the areas identified in clauses (1) to (11);

 

(iii) physician licensed under chapter 147 and certified by the American Board of Psychiatry and Neurology or eligible for board certification in psychiatry with competencies in the areas identified in clauses (1) to (11);

 

(iv) licensed professional clinical counselor licensed under sections 148B.29 to 148B.39 with at least 4,000 hours of post-master's supervised experience in the delivery of clinical services who has demonstrated competencies in the areas identified in clauses (1) to (11);

 

(v) person with a master's degree from an accredited college or university in one of the behavioral sciences or related fields, with at least 4,000 hours of post-master's supervised experience in the delivery of clinical services with demonstrated competencies in the areas identified in clauses (1) to (11); or

 

(vi) person with a master's degree or PhD in one of the behavioral sciences or related field with demonstrated expertise in positive support services, as determined by the person's case manager based on the person's needs as outlined in the person's community support plan from a supervisor who meets the qualifications in this subdivision; or

 

(vii) registered nurse who is licensed under sections 148.171 to 148.285, and who is certified as a clinical specialist or as a nurse practitioner in adult or family psychiatric and mental health nursing by a national nurse certification organization, or who has a master's degree in nursing or one of the behavioral sciences or related fields from an accredited college or university or its equivalent, with at least 4,000 hours of post-master's supervised experience in the delivery of clinical services."


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7488

Page 6, delete section 4 and insert:

 

"Sec. 6.  Minnesota Statutes 2016, section 245D.091, subdivision 3, is amended to read:

 

Subd. 3.  Behavior Positive support analyst qualifications.  (a) A behavior positive support analyst providing behavioral positive support services as identified in section 245D.03, subdivision 1, paragraph (c), clause (1), item (i), must have competencies in the following areas as required under the brain injury and, community access for disability inclusion, community alternative care, and developmental disability waiver plans or successor plans:

 

(1) have obtained a baccalaureate degree, master's degree, or PhD in a social services discipline; or

 

(2) meet the qualifications of a mental health practitioner as defined in section 245.462, subdivision 17.; or

 

(3) be a board certified behavior analyst or board certified assistant behavior analyst by the Behavior Analyst Certification Board, Incorporated.

 

(b) In addition, a behavior positive support analyst must:

 

(1) have four years of supervised experience working with individuals who exhibit challenging behaviors as well as co-occurring mental disorders or neurocognitive disorder conducting functional behavior assessments and designing, implementing, and evaluating effectiveness of positive practices behavior support strategies for people who exhibit challenging behaviors as well as co-occurring mental disorders and neurocognitive disorder;

 

(2) have received ten hours of instruction in functional assessment and functional analysis; training prior to hire or within 90 calendar days of hire that includes:

 

(i) ten hours of instruction in functional assessment and functional analysis;

 

(ii) 20 hours of instruction in the understanding of the function of behavior;

 

(iii) ten hours of instruction on design of positive practices behavior support strategies;

 

(iv) 20 hours of instruction preparing written intervention strategies, designing data collection protocols, training other staff to implement positive practice strategies, summarizing and reporting program evaluation data, analyzing program evaluation data to identify design flaws in behavioral interventions or failures in implementation fidelity, and recommending enhancements based on evaluation data; and

 

(v) eight hours of instruction on principles of person-centered thinking;

 

(3) have received 20 hours of instruction in the understanding of the function of behavior;

 

(4) have received ten hours of instruction on design of positive practices behavior support strategies;

 

(5) have received 20 hours of instruction on the use of behavior reduction approved strategies used only in combination with behavior positive practices strategies;

 

(6) (3) be determined by a behavior positive support professional to have the training and prerequisite skills required to provide positive practice strategies as well as behavior reduction approved and permitted intervention to the person who receives behavioral positive support; and

 

(7) (4) be under the direct supervision of a behavior positive support professional.


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7489

(c) Meeting the qualifications for a positive support professional under subdivision 2 shall substitute for meeting the qualifications listed in paragraph (b)."

 

Page 7, delete section 5 and insert:

 

"Sec. 7.  Minnesota Statutes 2016, section 245D.091, subdivision 4, is amended to read:

 

Subd. 4.  Behavior Positive support specialist qualifications.  (a) A behavior positive support specialist providing behavioral positive support services as identified in section 245D.03, subdivision 1, paragraph (c), clause (1), item (i), must have competencies in the following areas as required under the brain injury and, community access for disability inclusion, community alternative care, and developmental disability waiver plans or successor plans:

 

(1) have an associate's degree in a social services discipline; or

 

(2) have two years of supervised experience working with individuals who exhibit challenging behaviors as well as co-occurring mental disorders or neurocognitive disorder.

 

(b) In addition, a behavior specialist must:

 

(1) have received training prior to hire or within 90 calendar days of hire that includes:

 

(i) a minimum of four hours of training in functional assessment;

 

(2) have received (ii) 20 hours of instruction in the understanding of the function of behavior;

 

(3) have received (iii) ten hours of instruction on design of positive practices behavioral support strategies; and

 

(iv) eight hours of instruction on principles of person-centered thinking;

 

(4) (2) be determined by a behavior positive support professional to have the training and prerequisite skills required to provide positive practices strategies as well as behavior reduction approved intervention to the person who receives behavioral positive support; and

 

(5) (3) be under the direct supervision of a behavior positive support professional.

 

(c) Meeting the qualifications for a positive support professional under subdivision 2 shall substitute for meeting the qualifications listed in paragraphs (a) and (b).

 

Sec. 8.  Minnesota Statutes 2017 Supplement, section 256B.4914, subdivision 3, is amended to read:

 

Subd. 3.  Applicable services.  Applicable services are those authorized under the state's home and community‑based services waivers under sections 256B.092 and 256B.49, including the following, as defined in the federally approved home and community-based services plan:

 

(1) 24-hour customized living;

 

(2) adult day care;

 

(3) adult day care bath;

 

(4) behavioral programming;


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7490

(5) (4) companion services;

 

(6) (5) customized living;

 

(7) (6) day training and habilitation;

 

(7) employment development services;

 

(8) employment exploration services;

 

(9) employment support services;

 

(8) (10) housing access coordination;

 

(9) (11) independent living skills;

 

(12) independent living skills specialist services;

 

(13) individualized home supports;

 

(10) (14) in-home family support;

 

(11) (15) night supervision;

 

(12) (16) personal support;

 

(17) positive support service;

 

(13) (18) prevocational services;

 

(14) (19) residential care services;

 

(15) (20) residential support services;

 

(16) (21) respite services;

 

(17) (22) structured day services;

 

(18) (23) supported employment services;

 

(19) (24) supported living services;

 

(20) (25) transportation services;

 

(21) individualized home supports;

 

(22) independent living skills specialist services;

 

(23) employment exploration services;

 

(24) employment development services;


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7491

(25) employment support services; and

 

(26) other services as approved by the federal government in the state home and community-based services plan."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title as follows:

 

Page 1, line 3, after "modifying" insert "various provisions governing" and delete "plan"

 

Page 1, line 4, delete "review and evaluation and intervention services"

 

Correct the title numbers accordingly

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 3012, A bill for an act relating to health; modifying payment for certain prescription medications; amending Minnesota Statutes 2016, section 151.71, by adding a subdivision.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Commerce and Regulatory Reform.

 

      The report was adopted.

 

 

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

 

H. F. No. 3024, A bill for an act relating to health care; prohibiting a health plan company from contractually preventing a pharmacist from informing a patient of a price differential; amending Minnesota Statutes 2016, section 151.214, subdivision 2.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Commerce and Regulatory Reform.

 

      The report was adopted.

 

 

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

 

H. F. No. 3055, A bill for an act relating to human services; recodifying elderly waiver language; making technical corrections; amending Minnesota Statutes 2016, sections 144.0724, subdivision 11; 144G.05; 245A.11, subdivision 7a; 245D.02, subdivisions 3, 4b, 10; 256B.038; 256B.059, subdivision 1; 256B.0595, subdivision 1; 256B.06, subdivision 4; 256B.0659, subdivision 1; 256B.0711, subdivision 1; 256B.0913, subdivisions 4, 7, 8, 13, 14; 256B.0917, subdivision 1a; 256B.0918, subdivision 2; 256B.0919, subdivision 3; 256B.0922, subdivision 2; 256B.15, subdivision 4; 256B.439, subdivision 1; 256B.4912, subdivisions 1, 5, 7; 256B.69, subdivision 6b;


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7492

256B.765; 256B.85, subdivisions 2, 3, 6; 295.50, subdivision 9b; Minnesota Statutes 2017 Supplement, sections 144.0724, subdivision 2; 144D.04, subdivision 2a; 245A.03, subdivision 7; 245A.04, subdivision 14; 245A.11, subdivisions 9, 10, 11; 245D.03, subdivision 1; 256B.051, subdivision 3; 256B.0911, subdivisions 1a, 3a; proposing coding for new law as Minnesota Statutes, chapter 256S; repealing Minnesota Statutes 2016, section 256B.0915, subdivisions 1a, 1b, 1d, 2, 3, 3b, 3c, 3d, 3f, 3g, 3i, 3j, 4, 6, 7, 8, 9, 10; Minnesota Statutes 2017 Supplement, section 256B.0915, subdivisions 1, 3a, 3e, 3h, 5, 11, 12, 13, 14, 15, 16, 17.

 

Reported the same back with the following amendments:

 

Page 25, after line 28, insert:

 

"Sec. 33.  DIRECTION TO COMMISSIONER; TRANSITION PROCESS.

 

(a) The commissioner of human services shall update references to statutes recodified in this act when printed material is replaced and new printed material is obtained in the normal course of business.  The commissioner is not required to replace existing printed material to comply with this act.

 

(b) The commissioner of human services shall update references to statutes recodified in this act when online documents and Web sites are edited in the normal course of business.  The commissioner is not required to edit online documents and Web sites merely to comply with this act.

 

(c) The commissioner of human services shall update references to statutes recodified in this act when the home and community-based service waiver plans are updated in the normal course of business.  The commissioner is not required to update the home and community-based service waiver plans merely to comply with this act."

 

Renumber the sections in sequence

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 3066, A bill for an act relating to capital investment; appropriating money for the Grand Rapids Armory; authorizing the sale and issuance of state bonds.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Capital Investment without further recommendation.

 

      The report was adopted.

 

 

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

 

H. F. No. 3067, A bill for an act relating to capital investment; appropriating money for improvements to the Fergus Falls armory; authorizing the sale and issuance of state bonds.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Capital Investment without further recommendation.

 

      The report was adopted.


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7493

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

 

H. F. No. 3132, A bill for an act relating to human services; requiring an audit to identify third-party liability related to Minnesota health care programs; allowing the commissioner of human services to contract with a vendor for third-party recovery.

 

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.

 

 

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

 

H. F. No. 3133, A bill for an act relating to human services; establishing a grant program to provide stable housing and support services for youth; 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. 3134, A bill for an act relating to human services; amending the effective date for children's residential treatment payment provisions; amending Laws 2017, First Special Session chapter 6, article 8, sections 71; 72.

 

Reported the same back with the following amendments:

 

Page 1, after line 13, insert:

 

"Sec. 3.  Laws 2017, First Special Session chapter 6, article 8, section 74, is amended to read:

 

Sec. 74.  CHILDREN'S MENTAL HEALTH REPORT AND RECOMMENDATIONS.

 

The commissioner of human services shall conduct a comprehensive analysis of Minnesota's continuum of intensive mental health services and shall develop recommendations for a sustainable and community-driven continuum of care for children with serious mental health needs, including children currently being served in residential treatment.  The commissioner's analysis shall include, but not be limited to:

 

(1) data related to access, utilization, efficacy, and outcomes for Minnesota's current system of residential mental health treatment for a child with a severe emotional disturbance;

 

(2) potential expansion of the state's psychiatric residential treatment facility (PRTF) capacity, including increasing the number of PRTF beds and conversion of existing children's mental health residential treatment programs into PRTFs;

 

(3) the capacity need for PRTF and other group settings within the state if adequate community-based alternatives are accessible, equitable, and effective statewide;


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7494

(4) recommendations for expanding alternative community-based service models to meet the needs of a child with a serious mental health disorder who would otherwise require residential treatment and potential service models that could be utilized, including data related to access, utilization, efficacy, and outcomes;

 

(5) models of care used in other states; and

 

(6) analysis and specific recommendations for the design and implementation of new service models, including analysis to inform rate setting as necessary.

 

The analysis shall be supported and informed by extensive stakeholder engagement.  Stakeholders include individuals who receive services, family members of individuals who receive services, providers, counties, health plans, advocates, and others.  Stakeholder engagement shall include interviews with key stakeholders, intentional outreach to individuals who receive services and the individual's family members, and regional listening sessions.

 

The commissioner shall provide a report with specific recommendations and timelines for implementation to the legislative committees with jurisdiction over children's mental health policy and finance by November 15, 2018 June 30, 2019."

 

Amend the title as follows:

 

Page 1, line 3, after the semicolon, insert "extending children's mental health report and recommendations deadline;"

 

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.

 

 

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

 

H. F. No. 3160, A bill for an act relating to capital investment; appropriating money for the St. Cloud Armory; authorizing the sale and issuance of state bonds.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Capital Investment without further recommendation.

 

      The report was adopted.

 

 

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

 

H. F. No. 3195, A bill for an act relating to health occupations; requiring the Council of Health Boards to study and make recommendations on increasing access to clinical experiences through the use of technology.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7495

"Section 1.  COUNCIL OF HEALTH BOARDS WORK GROUP.

 

(a) The Council of Health Boards shall convene a work group to study and make recommendations on:

 

(1) increasing the use of telehealth technologies including, but not limited to, high-fidelity simulation and teleconferencing to complete portions of the clinical experiences required as part of postsecondary educational programs that relate to counseling.  Clinical experiences may include supervised practicum and internship hours.  The study shall include the parameters in which the proposed technology may be utilized in order to ensure that students are integrating classroom theory in a lifelike clinical setting without compromising clinical competency outcomes;

 

(2) increasing access to telehealth technologies for use in supervision of persons completing postdegree supervised practice work experience and training required for licensure.  The study shall include the parameters in which the proposed technology may be utilized for supervision to ensure the quality and competence of the activities supervised; and

 

(3) increasing client access to mental health services through use of telehealth technologies.

 

(b) The work group must consist of representatives of:

 

(1) the Boards of Psychology, Social Work, Marriage and Family Therapy, and Behavioral Health and Therapy;

 

(2) postsecondary educational institutions that have accredited educational programs for social work, psychology, alcohol and drug counseling, marriage and family therapy, and professional counseling; and

 

(3) the relevant professional counseling associations, including the Minnesota Counseling Association; Minnesota Psychology Association; National Association of Social Workers, Minnesota chapter; Minnesota Association for Marriage and Family Therapy; and the Minnesota Association of Resources for Recovery and Chemical Health.

 

(c) By February 1, 2019, the council shall submit recommendations for using telehealth technologies to the chairs and ranking minority members of the legislative committees with jurisdiction over health occupations and higher education, and shall include a plan for implementing the recommendations and any legislative changes necessary for implementation.

 

Sec. 2.  APPROPRIATION.

 

$25,000 in fiscal year 2019 is appropriated from the state government special revenue fund to the health-related licensing boards administrative services unit for the Council of Health Boards Work Group."

 

Amend the title as follows:

 

Page 1, line 4, before the period, insert "; appropriating money"

 

 

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.


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

 

H. F. No. 3221, A bill for an act relating to elections; making technical changes to provisions related to elections administration; amending Minnesota Statutes 2016, sections 203B.081, subdivisions 1, 2; 203B.121, subdivision 4; 204B.46; 204C.21, subdivision 1; 204C.36, subdivision 1; 204D.27, subdivision 5; 206.90, subdivision 6; 207A.14, subdivision 2; 367.25, subdivision 1; Minnesota Statutes 2017 Supplement, sections 201.121, subdivision 3; 204B.09, subdivision 3; 204B.16, subdivision 1.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2017 Supplement, section 201.121, subdivision 3, is amended to read:

 

Subd. 3.  Postelection sampling.  (a) Within ten days after an election, the county auditor shall send the notice required by subdivision 2 to a random sampling of the individuals registered on election day.  The random sampling shall be determined in accordance with the rules of the secretary of state.  As soon as practicable after the election, the county auditor shall mail the notice required by subdivision 2 to all other individuals registered on election day.  If a notice is returned as not deliverable, the county auditor shall attempt to determine the reason for the return.  A county auditor who does not receive or obtain satisfactory proof of an individual's eligibility to vote shall immediately notify the county attorney of all of the relevant information.  The By February 15 of each odd‑numbered year, the county auditor must notify the secretary of state of the following information for the previous state general election by each precinct:

 

(1) the total number of all notices that were returned as nondeliverable;

 

(2) the total number of nondeliverable notices that the county auditor was able to determine the reason for the return along with the reason for each return; and

 

(3) the total number of individuals for whom the county auditor does not receive or obtain satisfactory proof of an individual's eligibility to vote.

 

(b) By March 1 of every odd-numbered year, the secretary of state shall report to the chair and ranking minority members of the legislative committees with jurisdiction over elections the following information for the previous state general election by each precinct and each county:

 

(1) the total number of all notices that were returned as nondeliverable;

 

(2) the total number of nondeliverable notices that a county auditor was able to determine the reason for the return along with the reason for each return; and

 

(3) the total number of individuals for whom the county auditor does not receive or obtain satisfactory proof of an individual's eligibility to vote.

 

Sec. 2.  Minnesota Statutes 2016, section 201.225, subdivision 2, is amended to read:

 

Subd. 2.  Technology requirements.  An electronic roster must:

 

(1) be able to be loaded with a data file that includes voter registration data in a file format prescribed by the secretary of state;


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(2) allow for data to be exported in a file format prescribed by the secretary of state;

 

(3) allow for data to be entered manually or by scanning a Minnesota driver's license or identification card to locate a voter record or populate a voter registration application that would be printed and signed and dated by the voter.  The printed registration application can be either a printed form, labels printed with voter information to be affixed to a preprinted form, or a combination of both, or an electronic record that the voter signs electronically and is printed following its completion at the polling place;

 

(4) allow an election judge to update data that was populated from a scanned driver's license or identification card;

 

(5) cue an election judge to ask for and input data that is not populated from a scanned driver's license or identification card that is otherwise required to be collected from the voter or an election judge;

 

(6) immediately alert the election judge if the voter has provided information that indicates that the voter is not eligible to vote;

 

(7) immediately alert the election judge if the electronic roster indicates that a voter has already voted in that precinct, the voter's registration status is challenged, or it appears the voter resides in a different precinct;

 

(8) provide immediate instructions on how to resolve a particular type of challenge when a voter's record is challenged;

 

(9) provide for a printed voter signature certificate, containing the voter's name, address of residence, date of birth, voter identification number, the oath required by section 204C.10, and a space for the voter's original signature.  The printed voter signature certificate can be either a printed form or a label printed with the voter's information to be affixed to the oath, or an electronic record that the voter signs electronically and is printed following its completion at the polling place;

 

(10) contain only preregistered voters within the precinct, and not contain preregistered voter data on voters registered outside of the precinct;

 

(11) be only networked within the polling location on election day, except for the purpose of updating absentee ballot records;

 

(12) meet minimum security, reliability, and networking standards established by the Office of the Secretary of State in consultation with the Office of MN.IT Services;

 

(13) be capable of providing a voter's correct polling place; and

 

(14) perform any other functions necessary for the efficient and secure administration of the participating election, as determined by the secretary of state.

 

Electronic rosters used only for election day registration do not need to comply with clauses (1), (8), and (10).  Electronic rosters used only for preregistered voter processing do not need to comply with clauses (4) and (5).

 

Sec. 3.  Minnesota Statutes 2016, section 203B.081, subdivision 1, is amended to read:

 

Subdivision 1.  Location; timing.  An eligible voter may vote by absentee ballot in the office of the county auditor and at any other polling place designated by the county auditor during the 46 days before the election, except as provided in this section.  The county auditor shall make such polling place designations at least 14 weeks before the election.  Voters casting absentee ballots in person for a town election held in March may do so during the 30 days before the election.


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Sec. 4.  Minnesota Statutes 2016, section 203B.081, subdivision 2, is amended to read:

 

Subd. 2.  Town elections Voting booth; electronic ballot marker.  Voters casting absentee ballots in person for a town election held in March may do so during the 30 days before the election.  The county auditor shall make such designations at least 14 weeks before the election.  For purposes of this section, the county auditor must make available in each polling place (1) at least one voting booth in each polling place must be made available by the county auditor for this purpose.  The county auditor must also make available, and (2) at least one electronic ballot marker in each polling place that has implemented a voting system that is accessible for individuals with disabilities pursuant to section 206.57, subdivision 5.

 

Sec. 5.  Minnesota Statutes 2016, section 203B.121, subdivision 4, is amended to read:

 

Subd. 4.  Opening of envelopes.  After the close of business on the seventh day before the election, the ballots from return envelopes marked "Accepted" may be opened, duplicated as needed in the manner provided in section 206.86, subdivision 5, initialed by the members of the ballot board, and deposited in the appropriate ballot box.  If more than one voted ballot is enclosed in the ballot envelope, the ballots must be returned in the manner provided by section 204C.25 for return of spoiled ballots, and may not be counted.

 

Sec. 6.  Minnesota Statutes 2017 Supplement, section 204B.09, subdivision 3, is amended to read:

 

Subd. 3.  Write-in candidates.  (a) A candidate for county, state, or federal office who wants write-in votes for the candidate to be counted must file a written request with the filing office for the office sought not more than 84 days before the primary and no later than the seventh day before the general election.  The filing officer shall provide copies of the form to make the request.  No The filing officer shall not accept a written request shall be accepted later than 5:00 p.m. on the last day for filing a written request.

 

(b) The governing body of a statutory or home rule charter city may require by resolution that a candidate for local elective office file a written request with the chief election official at least seven days before the city election if the candidate wishes to have the candidate's write-in votes individually recorded; or a governing body of a statutory or home rule charter city may require by resolution that write-in votes for an individual candidate only be individually recorded if the total number of write-in votes for that office is equal to or greater than the fewest number of non-write-in votes for a ballot candidate.  The governing body of the statutory or home rule charter city must adopt a resolution authorized by this paragraph before the first day of filing for office.  A resolution adopted under this paragraph remains in effect until a subsequent resolution on the same subject is adopted by the governing body of the statutory or home rule charter city.

 

(b) (c) A candidate for president of the United States who files a request under this subdivision must include the name of a candidate for vice president of the United States.  The request must also include the name of at least one candidate for presidential elector.  The total number of names of candidates for presidential elector on the request may not exceed the total number of electoral votes to be cast by Minnesota in the presidential election.

 

(c) (d) A candidate for governor who files a request under this subdivision must include the name of a candidate for lieutenant governor.

 

Sec. 7.  Minnesota Statutes 2017 Supplement, section 204B.16, subdivision 1, is amended to read:

 

Subdivision 1.  Authority; location.  (a) By December 31 of each year, the governing body of each municipality and of each county with precincts in unorganized territory must designate by ordinance or resolution a polling place for each election precinct.  The polling places designated in the ordinance or resolution are the polling places for the following calendar year, unless a change is made: any changes to a polling place location.  A polling place must be maintained for the following calendar year unless changed:


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(1) by ordinance or resolution by December 31 of the previous year;

 

(1) (2) pursuant to section 204B.175;

 

(2) (3) because a polling place has become unavailable; or

 

(3) (4) because a township designates one location for all state, county, and federal elections and one location for all township only elections.

 

(b) Polling places must be designated and ballots must be distributed so that no one is required to go to more than one polling place to vote in a school district and municipal election held on the same day.  The polling place for a precinct in a city or in a school district located in whole or in part in the metropolitan area defined by section 200.02, subdivision 24, shall be located within the boundaries of the precinct or within one mile of one of those boundaries unless a single polling place is designated for a city pursuant to section 204B.14, subdivision 2, or a school district pursuant to section 205A.11.  The polling place for a precinct in unorganized territory may be located outside the precinct at a place which is convenient to the voters of the precinct.  If no suitable place is available within a town or within a school district located outside the metropolitan area defined by section 200.02, subdivision 24, then the polling place for a town or school district may be located outside the town or school district within five miles of one of the boundaries of the town or school district.

 

Sec. 8.  Minnesota Statutes 2016, section 204B.35, is amended by adding a subdivision to read:

 

Subd. 6.  Electronic voting systems.  Notwithstanding sections 204B.35 to 204B.44 and chapter 204D, a jurisdiction may prepare blank paper ballots, if the jurisdiction employs an electronic voting system and the required information is instead displayed on a touch screen or other electronic device in a format that substantially meets the requirements of law.

 

Sec. 9.  Minnesota Statutes 2016, section 204B.46, is amended to read:

 

204B.46 MAIL ELECTIONS; QUESTIONS.

 

A county, municipality, or school district submitting questions to the voters at a special election may conduct an election by mail with no polling place other than the office of the auditor or clerk.  No offices may be voted on at a mail election., except in overlapping school and municipality jurisdictions, where a mail election may include an office when one of the jurisdictions also has a question on the ballot.  Notice of the election must be given to the county auditor at least 74 days prior to the election.  This notice shall also fulfill the requirements of Minnesota Rules, part 8210.3000.  The special mail ballot procedures must be posted at least six weeks prior to the election.  Not more than 46 nor later than 14 days prior to the election, the auditor or clerk shall mail ballots by nonforwardable mail to all voters registered in the county, municipality, or school district.  No later than 14 days before the election, the auditor or clerk must make a subsequent mailing of ballots to those voters who register to vote after the initial mailing but before the 20th day before the election.  Eligible voters not registered at the time the ballots are mailed may apply for ballots pursuant to chapter 203B.  The auditor or clerk must appoint a ballot board to examine the mail and absentee ballot return envelopes and mark them "Accepted" or "Rejected" within three days of receipt if there are 14 or fewer days before election day, or within five days of receipt if there are more than 14 days before election day.  The board may consist of deputy county auditors, deputy municipal clerks, or deputy school district clerks who have received training in the processing and counting of mail ballots, who need not be affiliated with a major political party.  Election judges performing the duties in this section must be of different major political parties, unless they are exempt from that requirement under section 205.075, subdivision 4, or section 205A.10.  If an envelope has been rejected at least five days before the election, the ballots in the envelope must remain sealed and the auditor or clerk must provide the voter with a replacement ballot and return envelope in place of the spoiled ballot.  If the ballot is rejected within five days of the election, the envelope must remain sealed and the official in charge of the ballot board must attempt to contact the voter by telephone or e­mail to notify the voter that the voter's ballot has been rejected.  The official must document the attempts made to contact the voter.


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If the ballot is accepted, the county auditor or municipal clerk must mark the roster to indicate that the voter has already cast a ballot in that election.  After the close of business on the seventh day before the election, the ballots from return envelopes marked "Accepted" may be opened, duplicated as needed in the manner provided by section 206.86, subdivision 5, initialed by the ballot board, and deposited in the appropriate ballot box.

 

In all other respects, the provisions of the Minnesota Election Law governing deposit and counting of ballots apply.

 

The mail and absentee ballots for a precinct must be counted together and reported as one vote total.  No vote totals from ballots may be made public before the close of voting on election day.

 

Sec. 10.  Minnesota Statutes 2016, section 204C.21, subdivision 1, is amended to read:

 

Subdivision 1.  Method.  The election judges shall take all the ballots of the same kind and count the votes cast for each office or question, beginning with the first office or question on the ballot.  They shall make one pile of the ballots for each candidate who received votes for that office, or one pile for the "Yes" votes and one pile for the "No" votes on a question.  They shall make a pile of totally defective ballots and a pile of totally blank ballots.  They shall make a pile of ballots that are not totally defective but are defective with respect to the office or question being counted and a pile of ballots that are not totally blank but are blank with respect to the office or question being counted.  After the separation into piles, the election judges shall examine each pile and remove and place in the proper pile any ballots that are found in the wrong pile.  The election judges shall count the totally blank and totally defective ballots and set them aside until the counting is over for that ballot.  In conducting the count of blank ballots, election judges may presume that the total count provided for prepackaged ballots is correct.  The election judges may pile ballots crosswise in groups of 25 in the same pile to facilitate counting.  When their counts agree, the election judges shall announce the number of ballots in each pile, and shall write the number in the proper place on the summary statements.

 

The election judges shall then return all the counted ballots, and all the partially defective or partially blank ballots, to the original pile to be separated and counted in the same manner for the next office or question.

 

Sec. 11.  Minnesota Statutes 2016, section 204C.24, subdivision 1, is amended to read:

 

Subdivision 1.  Information requirements.  Precinct summary statements shall be submitted by the election judges in every precinct.  For all elections, the election judges shall complete three or more copies of the summary statements, and each copy shall contain the following information for each kind of ballot:

 

(1) the number of ballots delivered to the precinct as adjusted by the actual count made by the election judges, the number of unofficial ballots made, and the number of absentee ballots delivered to the precinct;

 

(2) the number of votes each candidate received or the number of yes and no votes on each question, the number of undervotes, the number of overvotes, and the number of defective ballots with respect to each office or question;

 

(3) the number of spoiled ballots, the number of duplicate ballots made, the number of absentee ballots rejected, and the number of unused ballots, presuming that the total count provided on each package of unopened prepackaged ballots is correct;

 

(4) the number of voted ballots indicating only a voter's choices as provided by section 206.80, paragraph (b), clause (3);

 

(5) the number of individuals who voted at the election in the precinct which must equal the total number of ballots cast in the precinct, as required by sections 204C.20 and 206.86, subdivision 1;


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(5) (6) the number of voters registering on election day in that precinct; and

 

(6) (7) the signatures of the election judges who counted the ballots certifying that all of the ballots cast were properly piled, checked, and counted; and that the numbers entered by the election judges on the summary statements correctly show the number of votes cast for each candidate and for and against each question.

 

At least two copies of the summary statement must be prepared for elections not held on the same day as the state elections.

 

Sec. 12.  Minnesota Statutes 2016, section 204C.36, subdivision 1, is amended to read:

 

Subdivision 1.  Publicly funded recounts.  (a) Except as provided in paragraphs (b) and (c), a losing candidate for nomination or election to a county, municipal, or school district office may request a recount of the votes cast for the nomination or election to that office if the difference between the vote cast for that candidate and for a winning candidate for nomination or election is less than one-quarter of one percent of the total votes counted for that office.  In case of offices where two or more seats are being filled from among all the candidates for the office, the one‑quarter of one percent difference is between the elected candidate with the fewest votes and the candidate with the most votes from among the candidates who were not elected.

 

(b) A losing candidate for nomination or election to a county, municipal, or school district office may request a recount of the votes cast for nomination or election to that office if the difference between the votes cast for that candidate and for a winning candidate for nomination or election is less than one-half of one percent, and the total number of votes cast for the nomination or election of all candidates is more than 400 but less than 50,000.  In cases of offices where two or more seats are being filled from among all the candidates for the office, the one-half of one percent difference is between the elected candidate with the fewest votes and the candidate with the most votes from among the candidates who were not elected.

 

(c) A losing candidate for nomination or election to a county, municipal, or school district office may request a recount of the votes cast for nomination or election to that office if the difference between the vote cast for that candidate and for a winning candidate for nomination or election is ten votes or less, and the total number of votes cast for the nomination or election of all candidates is no more than 400.  In cases of offices where two or more seats are being filled from among all the candidates for the office, the ten vote difference is between the elected candidate with the fewest votes and the candidate with the most votes from among the candidates who were not elected.

 

(d) Candidates for county offices shall file a written request for the recount with the county auditor.  Candidates for municipal or school district offices shall file a written request with the municipal or school district clerk as appropriate.  All requests under this paragraph shall be filed by between the close of the canvass of a primary or special primary and 5:00 p.m. on the fifth day after the canvass of a primary or special primary or by between the close of the canvass of a special or general election and 5:00 p.m. on the seventh day of the canvass of a special or general election for which a recount is sought.

 

(e) Upon receipt of a request made pursuant to this section, the county auditor shall recount the votes for a county office at the expense of the county, the governing body of the municipality shall recount the votes for a municipal office at the expense of the municipality, and the school board of the school district shall recount the votes for a school district office at the expense of the school district.

 

Sec. 13.  Minnesota Statutes 2016, section 204D.19, is amended by adding a subdivision to read:

 

Subd. 4a.  Special election; Tuesday.  A special election required under subdivision 2, 3, or 4 must be held on a Tuesday.


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Sec. 14.  Minnesota Statutes 2016, section 204D.21, subdivision 3, is amended to read:

 

Subd. 3.  Nomination at special primary on other day.  In all cases other than those provided in subdivisions 1 and 2, a special primary for the nomination of candidates shall be held on a Tuesday and not later than the 14th day before the special election.

 

Sec. 15.  Minnesota Statutes 2016, section 204D.27, subdivision 5, is amended to read:

 

Subd. 5.  Canvass; special primary; state canvassing board; contest.  Not later than four days after the returns of the county canvassing boards are certified to the secretary of state, the State Canvassing Board shall complete its canvass of the special primary.  The secretary of state shall then promptly certify to the county auditors the names of the nominated individuals, prepare notices of nomination, and notify each nominee of the nomination.  In case of a contest of a special primary for state senator or state representative, the notice of contest shall be filed within two days, excluding Sundays and legal holidays, after the canvass is completed, and the contest shall otherwise proceed in the manner provided by law for contesting elections.

 

Sec. 16.  Minnesota Statutes 2016, section 206.80, is amended to read:

 

206.80 ELECTRONIC VOTING SYSTEMS.

 

(a) An electronic voting system may not be employed unless it:

 

(1) permits every voter to vote in secret;

 

(2) permits every voter to vote for all candidates and questions for whom or upon which the voter is legally entitled to vote;

 

(3) provides for write-in voting when authorized;

 

(4) automatically rejects, except as provided in section 206.84 with respect to write-in votes, all votes for an office or question when the number of votes cast on it exceeds the number which the voter is entitled to cast;

 

(5) permits a voter at a primary election to select secretly the party for which the voter wishes to vote;

 

(6) automatically rejects all votes cast in a primary election by a voter when the voter votes for candidates of more than one party; and

 

(7) provides every voter an opportunity to verify votes recorded on the permanent paper ballot, either visually or using assistive voting technology, and to change votes or correct any error before the voter's ballot is cast and counted, produces an individual, discrete, permanent, paper ballot cast by the voter, and preserves the paper ballot as an official record available for use in any recount.

 

(b) An electronic voting system purchased on or after June 4, 2005, may not be employed unless it:

 

(1) accepts and tabulates, in the polling place or at a counting center, a marked optical scan ballot; or and either:

 

(2) (1) creates a marked optical scan ballot that can be tabulated in the polling place or at a counting center by automatic tabulating equipment certified for use in this state; or

 

(2) creates a marked paper ballot indicating, at a minimum, the date of the election, the name of the precinct, an electronically readable precinct identifier or ballot style indicator, and the voter's votes for each office or question, generated from the voter's use of a touch screen or other electronic device on which a complete ballot meeting the information requirements of any applicable law was displayed electronically.


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(c) The use of multiple ballot formats of electronic voting systems in a jurisdiction is not a violation of a voter's right to vote in secret, provided that a record of the ballot formats of electronic voting system used by a voter is not recorded by the election judges or any other elections official in any form.

 

Sec. 17.  Minnesota Statutes 2016, section 206.86, is amended by adding a subdivision to read:

 

Subd. 5a.  Ballots in precincts with multiple styles of voting system.  (a) This subdivision applies to precincts using a ballot format as provided by section 206.80, paragraph (b), clause (3), which was used by ten or fewer voters.

 

(b) In the event the results of a precinct are subject to a recount under section 204C.35 or 204C.36, or are subject to a postelection review under section 206.89, a ballot format as provided in section 206.80, paragraph (b), clause (3), that was used by ten or fewer voters in the precinct, the election judges from that precinct are not eligible to participate in conducting a recount or postelection review in that precinct.

 

Sec. 18.  Minnesota Statutes 2016, section 206.90, subdivision 6, is amended to read:

 

Subd. 6.  Ballots.  In precincts using optical scan voting systems, a single ballot card on which all ballot information is included must be printed in black ink on white colored material except that marks not to be read by the automatic tabulating equipment may be printed in another color ink.  In state elections, a single ballot title must be used, as provided in sections 204D.08, subdivision 6, and 204D.11, subdivision 1.  In odd-numbered years When both municipal and school district offices or questions appear on the ballot, the single ballot title "City (or Town) and School District Ballot" must be used.

 

On the front of the ballot must be printed the words "Official Ballot" and the date of the election and lines for the initials of at least two election judges.

 

When optical scan ballots are used, the offices to be elected must appear in the following order:  federal offices; state legislative offices; constitutional offices; proposed constitutional amendments; county offices and questions; municipal offices and questions; school district offices and questions; special district offices and questions; and judicial offices.

 

On optical scan ballots, the names of candidates and the words "yes" and "no" for ballot questions must be printed as close to their corresponding vote targets as possible.

 

The line on an optical scan ballot for write-in votes must contain the words "write-in, if any."

 

If a primary ballot contains both a partisan ballot and a nonpartisan ballot, the instructions to voters must include a statement that reads substantially as follows:  "This ballot card contains a partisan ballot and a nonpartisan ballot.  On the partisan ballot you are permitted to vote for candidates of one political party only."  If a primary ballot contains political party columns on both sides of the ballot, the instructions to voters must include a statement that reads substantially as follows:  "Additional political parties are printed on the other side of this ballot.  Vote for one political party only."  At the bottom of each political party column on the primary ballot, the ballot must contain a statement that reads substantially as follows:  "Continue voting on the nonpartisan ballot."  The instructions in section 204D.08, subdivision 4, do not apply to optical scan partisan primary ballots.  Electronic ballot displays and audio ballot readers must follow the order of offices and questions on the optical scan or paper ballot used in the same precinct, or the sample ballot posted for that precinct.


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Sec. 19.  Minnesota Statutes 2016, section 207A.14, subdivision 2, is amended to read:

 

Subd. 2.  Sample Example ballots.  No later than 70 days before the presidential nomination primary, the secretary of state must supply each county auditor with sample example ballots to be used at the presidential nomination primary.  The sample example ballots must illustrate the format required for the ballots used in the presidential nomination primary.

 

Sec. 20.  Minnesota Statutes 2016, section 367.25, subdivision 1, is amended to read:

 

Subdivision 1.  Requirement, fee.  Every person elected at a March election, elected at a special election, or appointed to a town office, within ten days after receiving a certificate or notice of election or appointment, shall take and subscribe the oath required by law.  Persons elected at a November election shall take their oath before assuming office.  If taken before the town clerk, the oath shall be administered and certified without fee."

 

Delete the title and insert:

 

"A bill for an act relating to elections; making technical and policy changes to various election and election administration provisions; amending Minnesota Statutes 2016, sections 201.225, subdivision 2; 203B.081, subdivisions 1, 2; 203B.121, subdivision 4; 204B.35, by adding a subdivision; 204B.46; 204C.21, subdivision 1; 204C.24, subdivision 1; 204C.36, subdivision 1; 204D.19, by adding a subdivision; 204D.21, subdivision 3; 204D.27, subdivision 5; 206.80; 206.86, by adding a subdivision; 206.90, subdivision 6; 207A.14, subdivision 2; 367.25, subdivision 1; Minnesota Statutes 2017 Supplement, sections 201.121, subdivision 3; 204B.09, subdivision 3; 204B.16, subdivision 1."

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 3275, A bill for an act relating to capital investment; appropriating money for the Rosemount Armory; authorizing the sale and issuance of state bonds.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Capital Investment without further recommendation.

 

      The report was adopted.

 

 

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

 

H. F. No. 3280, A bill for an act relating to environment; establishing findings and authorizing listing of wild‑rice waters; nullifying and restricting the application of certain water quality standards; requiring a report; appropriating money; amending Laws 2015, First Special Session chapter 4, article 4, section 136, as amended.

 

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

 

      The report was adopted.


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

 

H. F. No. 3287, A bill for an act relating to public safety; requiring employees of lodging facilities to be trained to recognize sex trafficking; proposing coding for new law in Minnesota Statutes, chapter 327.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  [157.177] SEX TRAFFICKING PREVENTION TRAINING.

 

Subdivision 1.  Definition.  "Sex trafficking" has the meaning given in section 609.321, subdivision 7a.

 

Subd. 2.  Prevention training required.  (a) Every person operating within this state a hotel or motel shall ensure that each employee who works on site, including but not limited to any owner, operator, or manager, receive the training described in paragraph (c) within 90 days of the time of hire or the effective date of this section and annually thereafter.  The operators shall conduct ongoing awareness campaigns for employees on the activities commonly associated with sex trafficking.  The operator of each hotel or motel shall annually certify in each employee's personnel file that each employee has received the required training.

 

(b) The requirements under paragraph (a) do not apply to resorts.

 

(c) The commissioner shall consult with the state hotel and lodging association on recommendations for an educational training program that focuses on the accurate and prompt identification and reporting of suspected sex trafficking to the proper law enforcement officials.  The training program must offer guidance on how to recognize potential victims of sex trafficking and activities commonly associated with sex trafficking.

 

(d) Any cost incurred for the training program shall be the responsibility of the licensee.

 

EFFECTIVE DATE.  This section is effective August 1, 2018."

 

Correct the title numbers accordingly

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 3295, A bill for an act relating to family law; allowing joint petitions for custody and parenting time to be filed in legal separations and by unmarried parents; amending Minnesota Statutes 2016, section 518.156.

 

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

 

      The report was adopted.


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7506

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

 

H. F. No. 3296, A bill for an act relating to public safety; establishing a working group to examine crimes against vulnerable adults; requiring a report; appropriating money.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 3308, A bill for an act relating to health; providing protections for older adults and vulnerable adults; modifying the health care and home care bills of rights; modifying the regulation of home care providers; modifying requirements for reporting maltreatment of vulnerable adults; establishing working groups; requiring reports; appropriating money; amending Minnesota Statutes 2016, sections 144.651, subdivision 20; 144A.44, subdivision 1; 144A.473, subdivision 2; 144A.474, subdivision 2; 144A.53, by adding a subdivision; 626.557, subdivisions 9c, 9e, 12b, 17.

 

Reported the same back with the following amendments:

 

Page 2, after line 5, insert:

 

"Sec. 2.  Minnesota Statutes 2017 Supplement, section 144A.10, subdivision 4, is amended to read:

 

Subd. 4.  Correction orders.  Whenever a duly authorized representative of the commissioner of health finds upon inspection of a nursing home, that the facility or a controlling person or an employee of the facility is not in compliance with sections 144.411 to 144.417, 144.651, 144.6503, 144A.01 to 144A.155, or 626.557 or the rules promulgated thereunder, a correction order shall be issued to the facility.  The correction order shall state the deficiency, cite the specific rule or statute violated, state the suggested method of correction, and specify recommend the time allowed for correction.  Upon receipt of a correction order, a facility shall develop and submit to the commissioner a corrective action plan based on the correction order.  The corrective action plan must specify the steps the facility will take to correct the violation and to prevent such violations in the future, how the facility will monitor its compliance with the corrective action plan, and when the facility plans to complete the steps in the corrective action plan.  The commissioner is presumed to accept a corrective action plan unless the commissioner notifies the submitting facility that the plan is not accepted within 15 calendar days after the plan is submitted to the commissioner.  The commissioner shall monitor the facility's compliance with the corrective action plan.  If the commissioner finds that the nursing home had uncorrected or repeated violations which create a risk to resident care, safety, or rights, the commissioner shall notify the commissioner of human services."

 

Page 4, lines 11 and 12, delete the new language

 

Page 6, after line 19, insert:

 

"Sec. 6.  Minnesota Statutes 2016, section 144A.474, subdivision 8, is amended to read:

 

Subd. 8.  Correction orders.  (a) A correction order may be issued whenever the commissioner finds upon survey or during a complaint investigation that a home care provider, a managerial official, or an employee of the provider is not in compliance with sections 144A.43 to 144A.482.  The correction order shall cite the specific statute and document areas of noncompliance and the time allowed for correction.


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7507

(b) The commissioner shall mail copies of any correction order to the last known address of the home care provider, or electronically scan the correction order and e­mail it to the last known home care provider e­mail address, within 30 calendar days after the survey exit date.  A copy of each correction order and copies of any documentation supplied to the commissioner shall be kept on file by the home care provider, and public documents shall be made available for viewing by any person upon request.  Copies may be kept electronically.

 

(c) By the correction order date, the home care provider must document in the provider's records any action taken to comply with the correction order.  The commissioner may request a copy of this documentation and the home care provider's action to respond to the correction order in future surveys, upon a complaint investigation, and as otherwise needed develop and submit to the commissioner a corrective action plan based on the correction order.  The corrective action plan must specify the steps the provider will take to comply with the correction order and how to prevent noncompliance in the future, how the provider will monitor its compliance with the corrective action plan, and when the provider plans to complete the steps in the corrective action plan.  The commissioner is presumed to accept a corrective action plan unless the commissioner notifies the submitting home care provider that the plan is not accepted within 15 calendar days after the plan is submitted to the commissioner.  The commissioner shall monitor the provider's compliance with the corrective action plan.

 

Sec. 7.  Minnesota Statutes 2016, section 144A.53, subdivision 1, is amended to read:

 

Subdivision 1.  Powers.  The director may:

 

(a) Promulgate by rule, pursuant to chapter 14, and within the limits set forth in subdivision 2, the methods by which complaints against health facilities, health care providers, home care providers, or residential care homes, or administrative agencies are to be made, reviewed, investigated, and acted upon; provided, however, that a fee may not be charged for filing a complaint.

 

(b) Recommend legislation and changes in rules to the state commissioner of health, governor, administrative agencies or the federal government.

 

(c) Investigate, upon a complaint or upon initiative of the director, any action or failure to act by a health care provider, home care provider, residential care home, or a health facility.

 

(d) Request and receive access to relevant information, records, incident reports, or documents in the possession of an administrative agency, a health care provider, a home care provider, a residential care home, or a health facility, and issue investigative subpoenas to individuals and facilities for oral information and written information, including privileged information which the director deems necessary for the discharge of responsibilities.  For purposes of investigation and securing information to determine violations, the director need not present a release, waiver, or consent of an individual.  The identities of patients or residents must be kept private as defined by section 13.02, subdivision 12.

 

(e) Enter and inspect, at any time, a health facility or residential care home and be permitted to interview staff; provided that the director shall not unduly interfere with or disturb the provision of care and services within the facility or home or the activities of a patient or resident unless the patient or resident consents.

 

(f) Issue correction orders and assess civil fines for all licensing violations or maltreatment determinations, including licensing violations or maltreatment determinations identified in the appeals or review process following final disposition of a maltreatment report or issuance of a citation for a licensing violation.  Correction orders shall be issued and civil penalties shall be assessed pursuant to section 144.653 or any other law which provides for the issuance of correction orders to health facilities or home care provider, or under section 144A.45.  A facility's or home's refusal to cooperate in providing lawfully requested information may also be grounds for a correction order.


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7508

(g) Recommend the certification or decertification of health facilities pursuant to Title XVIII or XIX of the United States Social Security Act.

 

(h) Assist patients or residents of health facilities or residential care homes in the enforcement of their rights under Minnesota law.

 

(i) Work with administrative agencies, health facilities, home care providers, residential care homes, and health care providers and organizations representing consumers on programs designed to provide information about health facilities to the public and to health facility residents."

 

Page 6, after line 33, insert:

 

"Sec. 9.  Minnesota Statutes 2016, section 144A.53, is amended by adding a subdivision to read:

 

Subd. 6.  Training and operations panel.  (a) The director shall establish a training and operations panel within the Office of Health Facility Complaints to examine and make recommendations, on an ongoing basis, on continual improvements to the operation of the office.  The training and operations panel shall be composed of office staff, including investigators and intake and triage staff, one or more representatives of the commissioner's office, and employees from any other divisions in the Department of Health with relevant knowledge or expertise.  The training and operations panel may also consult with employees from other agencies in state government with relevant knowledge or expertise.

 

(b) The training and operations panel shall examine and make recommendations to the director and the commissioner regarding introducing or refining office systems, procedures, and staff training in order to improve office and staff efficiency; enhance communications between the office, health care facilities, home care providers, and residents or clients; and provide for appropriate, effective protection for vulnerable adults through rigorous investigations and enforcement of laws.  Panel duties include but are not limited to:

 

(1) developing the office's training processes to adequately prepare and support investigators in performing their duties;

 

(2) developing clear, consistent internal policies for conducting investigations as required by federal law, including policies to ensure staff meet the deadlines in state and federal laws for triaging, investigating, and making final dispositions of cases involving maltreatment, and procedures for notifying the vulnerable adult, reporter, and facility of any delays in investigations; communicating these policies to staff in a clear, timely manner; and developing procedures to evaluate and modify these internal policies on an ongoing basis;

 

(3) developing and refining quality control measures for the intake and triage processes, through such practices as reviewing a random sample of the triage decisions made in case reports or auditing a random sample of the case files to ensure the proper information is being collected, the files are being properly maintained, and consistent triage and investigations determinations are being made;

 

(4) developing and maintaining systems and procedures to accurately determine the situations in which the office has jurisdiction over a maltreatment allegation;

 

(5) developing and maintaining audit procedures for investigations, to ensure investigators obtain and document information necessary to support decisions;

 

(6) developing and maintaining procedures to, following a maltreatment determination, clearly communicate the appeal or review rights of all parties upon final disposition;


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7509

(7) continuously upgrading the information on and utility of the office's Web site through such steps as providing clear, detailed information about the appeal or review rights of vulnerable adults, alleged perpetrators, and providers and facilities; and

 

(8) publishing, in coordination with other areas at the Department of Health and in the manner that does not duplicate information already published by the Department of Health, the public portions of all investigation memoranda prepared by the commissioner of health in the past three years under section 626.557, subdivision 12b, and the public portions of all final orders in the past three years related to licensing violations under this chapter.  These memoranda and orders must be published in a manner that allows consumers to search memoranda and orders by facility or provider name and by the physical location of the facility or provider.

 

Sec. 10.  Minnesota Statutes 2016, section 626.557, subdivision 5, is amended to read:

 

Subd. 5.  Immunity; protection for reporters.  (a) A person who makes a good faith report is immune from any civil or criminal liability that might otherwise result from making the report, or from participating in the investigation, or for failure to comply fully with the reporting obligation under section 609.234 or 626.557, subdivision 7.

 

(b) A person employed by a lead investigative agency or a state licensing agency who is conducting or supervising an investigation or enforcing the law in compliance with this section or any related rule or provision of law is immune from any civil or criminal liability that might otherwise result from the person's actions, if the person is acting in good faith and exercising due care.

 

(c) A person who knows or has reason to know a report has been made to a common entry point and who in good faith participates in an investigation of alleged maltreatment is immune from civil or criminal liability that otherwise might result from making the report, or from failure to comply with the reporting obligation or from participating in the investigation.

 

(d) The identity of any reporter may not be disclosed, except as provided in subdivision subdivisions 9c and 12b.

 

(e) For purposes of this subdivision, "person" includes a natural person or any form of a business or legal entity."

 

Page 7, line 6, after the period, insert "If a vulnerable adult who is the subject of the report, or the vulnerable adult's guardian or health care agent, so inquires, the lead investigative agency shall disclose to the person who inquired whether the lead investigative agency has received a report from a facility regarding maltreatment of the vulnerable adult."

 

Page 15, after line 4, insert:

 

"Sec. 16.  REPORT; PROGRESS IN MEETING INVESTIGATION DEADLINES.

 

By September 15, 2018, March 15, 2019, and September 15, 2019, the commissioner of health shall report to the chairs and ranking minority members of the legislative committees with jurisdiction over health care or aging and long-term care, regarding steps taken by the commissioner to improve compliance of the Office of Health Facility Complaints with deadlines in state and federal law for triaging, investigating, and making final dispositions of cases alleging maltreatment of vulnerable adults.  In the reports under this section, the commissioner must provide data on the office's compliance with deadlines in state and federal law, and a plan to improve timeliness in any areas in which it is noncompliant.


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7510

Sec. 17.  REPORT AND RECOMMENDATIONS; IMMEDIATE PENALTIES FOR SERIOUS VIOLATIONS OF STATE LAW.

 

The commissioner of health shall develop a proposal and draft legislation to allow the commissioner to impose immediate penalties on long-term care facilities and providers for serious violations of state law.  The proposal and draft legislation must determine what actions constitute a serious violation of state law and specify appropriate penalties for each category of serious violation.  The commissioner shall develop this proposal in consultation with representatives of long-term care facilities, representatives of home care providers, and elder justice advocates.  The proposal and draft legislation must be submitted to the chairs and ranking minority members of the legislative committees with jurisdiction over health care or aging and long-term care by January 15, 2019."

 

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 4, after the semicolon, insert "modifying correction order provisions; establishing a training and operations panel within the Office of Health Facility Complaints;"

 

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.

 

 

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

 

H. F. No. 3344, A bill for an act relating to children; modifying certain payments of child support arrearages; amending Minnesota Statutes 2017 Supplement, section 518A.53, subdivision 11.

 

Reported the same back with the following amendments:

 

Page 1, after line 4, insert:

 

"Section 1.  Minnesota Statutes 2016, section 518A.35, subdivision 1, is amended to read:

 

Subdivision 1.  Determination of support obligation.  (a) The guideline in this section is a rebuttable presumption and shall be used in any judicial or administrative proceeding to establish or modify a support obligation under this chapter.

 

(b) The basic child support obligation shall be determined by referencing the guideline for the appropriate number of joint children and the combined parental income for determining child support of the parents.

 

(c) If a child is not in the custody of either parent and a support order is sought against one or both parents, the basic child support obligation shall be determined by referencing the guideline for the appropriate number of joint children, and the parent's individual parental income for determining child support, not the combined parental incomes for determining child support of the parents.  Unless a parent has court-ordered parenting time, the parenting expense adjustment formula under section 518A.34 must not be applied.


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7511

(d) If a child is in custody of either parent and a support order is sought by the public authority in an action involving only one parent under section 256.87, unless the parent against whom the support order is sought has court-ordered parenting time, the support obligation must be determined by referencing the guideline for the appropriate number of joint children and the parent's individual income without application of the parenting expense adjustment formula under section 518A.34.

 

(e) For combined parental incomes for determining child support exceeding $15,000 per month, the presumed basic child support obligations shall be as for parents with combined parental income for determining child support of $15,000 per month.  A basic child support obligation in excess of this level may be demonstrated for those reasons set forth in section 518A.43."

 

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 2, after the first semicolon, insert "modifying child support determination;"

 

Correct the title numbers accordingly

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 3380, A bill for an act relating to civil law; amending the definitions of owner and rental agreement; allowing late fees and collection costs to be included in liens imposed by self-service storage facilities; clarifying property sale requirements for self-service storage facilities; amending Minnesota Statutes 2016, sections 514.971, subdivisions 3, 5; 514.972, subdivision 1, by adding a subdivision; 514.973, subdivision 4.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Commerce and Regulatory Reform.

 

      The report was adopted.

 

 

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

 

H. F. No. 3389, A bill for an act relating to children; modifying presumptions in child support modifications; codifying case law; amending Minnesota Statutes 2016, section 518A.39, subdivision 2.

 

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

 

      The report was adopted.


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7512

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

 

H. F. No. 3406, A bill for an act relating to child support; modifying provisions relating to potential income determinations and reporting of arrears; amending Minnesota Statutes 2016, sections 518A.32, subdivision 3; 518A.685.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 3422, A bill for an act relating to game and fish; modifying bait and equipment requirements for infested waters; amending Minnesota Statutes 2016, section 97C.345, subdivision 3a; Minnesota Statutes 2017 Supplement, section 84D.03, subdivisions 3, 4.

 

Reported the same back with the following amendments:

 

Page 3, line 13, delete "removing tags from the gear" and insert "the use of decontaminated gear in other water bodies"

 

Page 4, line 9, delete "used" and insert "permitted"

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 3432, A bill for an act relating to human services; modifying provisions governing mental health providers; amending Minnesota Statutes 2016, sections 245.4871, subdivision 4; 256B.0622, subdivision 7a; 256B.0623, subdivision 5; 256B.0625, by adding a subdivision; 256B.0946, subdivision 1a; Minnesota Statutes 2017 Supplement, sections 245.462, subdivision 17; 245.4871, subdivision 26; 256B.0943, subdivision 1.

 

Reported the same back with the following amendments:

 

Page 1, before line 8, insert:

 

"Section 1.  Minnesota Statutes 2016, section 245.462, subdivision 4, is amended to read:

 

Subd. 4.  Case management service provider.  (a) "Case management service provider" means a case manager or case manager associate employed by the county or other entity authorized by the county board to provide case management services specified in section 245.4711.

 

(b) A case manager must:

 

(1) be skilled in the process of identifying and assessing a wide range of client needs;


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7513

(2) be knowledgeable about local community resources and how to use those resources for the benefit of the client;

 

(3) have a bachelor's degree in one of the behavioral sciences or related fields including, but not limited to, social work, psychology, or nursing from an accredited college or university or meet the requirements of paragraph (c); and

 

(4) meet the supervision and continuing education requirements described in paragraphs (d), (e), and (f), as applicable.

 

(c) Case managers without a bachelor's degree must meet one of the requirements in clauses (1) to (3):

 

(1) have three or four years of experience as a case manager associate as defined in this section;

 

(2) be a registered nurse without a bachelor's degree and have a combination of specialized training in psychiatry and work experience consisting of community interaction and involvement or community discharge planning in a mental health setting totaling three years; or

 

(3) be a person who qualified as a case manager under the 1998 Department of Human Service waiver provision and meet the continuing education and mentoring requirements in this section.

 

(d) A case manager with at least 2,000 hours of supervised experience in the delivery of services to adults with mental illness must receive regular ongoing supervision and clinical supervision totaling 38 hours per year of which at least one hour per month must be clinical supervision regarding individual service delivery with a case management supervisor.  The remaining 26 hours of supervision may be provided by a case manager with two years of experience.  Group supervision may not constitute more than one-half of the required supervision hours.  Clinical supervision must be documented in the client record.

 

(e) A case manager without 2,000 hours of supervised experience in the delivery of services to adults with mental illness must:

 

(1) receive clinical supervision regarding individual service delivery from a mental health professional at least one hour per week until the requirement of 2,000 hours of experience is met; and

 

(2) complete 40 hours of training approved by the commissioner in case management skills and the characteristics and needs of adults with serious and persistent mental illness.

 

(f) A case manager who is not licensed, registered, or certified by a health-related licensing board must receive 30 hours of continuing education and training in mental illness and mental health services every two years.

 

(g) A case manager associate (CMA) must:

 

(1) work under the direction of a case manager or case management supervisor;

 

(2) be at least 21 years of age;

 

(3) have at least a high school diploma or its equivalent; and

 

(4) meet one of the following criteria:

 

(i) have an associate of arts degree in one of the behavioral sciences or human services;


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7514

(ii) be a certified peer specialist under section 256B.0615;

 

(iii) be a registered nurse without a bachelor's degree;

 

(iv) within the previous ten years, have three years of life experience with serious and persistent mental illness as defined in section 245.462, subdivision 20; or as a child had severe emotional disturbance as defined in section 245.4871, subdivision 6; or have three years life experience as a primary caregiver to an adult with serious and persistent mental illness within the previous ten years;

 

(v) have 6,000 hours work experience as a nondegreed state hospital technician; or

 

(vi) be a mental health practitioner as defined in section 245.462, subdivision 17, clause (2) have at least 6,000 hours of supervised experience in the delivery of services to persons with mental illness.

 

Individuals meeting one of the criteria in items (i) to (v) may qualify as a case manager after four years of supervised work experience as a case manager associate.  Individuals meeting the criteria in item (vi) may qualify as a case manager after three years of supervised experience as a case manager associate.

 

(h) A case management associate must meet the following supervision, mentoring, and continuing education requirements:

 

(1) have 40 hours of preservice training described under paragraph (e), clause (2);

 

(2) receive at least 40 hours of continuing education in mental illness and mental health services annually; and

 

(3) receive at least five hours of mentoring per week from a case management mentor.

 

A "case management mentor" means a qualified, practicing case manager or case management supervisor who teaches or advises and provides intensive training and clinical supervision to one or more case manager associates.  Mentoring may occur while providing direct services to consumers in the office or in the field and may be provided to individuals or groups of case manager associates.  At least two mentoring hours per week must be individual and face-to-face.

 

(i) A case management supervisor must meet the criteria for mental health professionals, as specified in section 245.462, subdivision 18.

 

(j) An immigrant who does not have the qualifications specified in this subdivision may provide case management services to adult immigrants with serious and persistent mental illness who are members of the same ethnic group as the case manager if the person:

 

(1) is currently enrolled in and is actively pursuing credits toward the completion of a bachelor's degree in one of the behavioral sciences or a related field including, but not limited to, social work, psychology, or nursing from an accredited college or university;

 

(2) completes 40 hours of training as specified in this subdivision; and

 

(3) receives clinical supervision at least once a week until the requirements of this subdivision are met."

 

Page 1, line 11, strike "persons" and insert "adults" and after "illness" insert "or children with emotional disturbance"


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Page 1, line 13, after the period, insert "A mental health practitioner for a child client must have training working with children.  A mental health practitioner for an adult client must have training working with adults."

 

Page 1, line 18, strike "persons" and insert "adults or children"

 

Page 2, line 3, strike "persons" and insert "adults" and before the comma, insert "or children with emotional disturbance"

 

Page 2, line 9, delete "persons" and insert "adults or children"

 

Page 2, line 13, strike "persons" and insert "adults or children"

 

Page 2, line 18, delete "persons" and insert "adults or children"

 

Page 2, line 20, after "illness" insert ", emotional disturbance,"

 

Page 3, line 7, delete "persons" and insert "adults or children"

 

Page 5, line 29, delete "aid" and insert "aide"

 

Page 15, line 32, strike "be exempt from the" and insert "qualify as a mental health practitioner if the practitioner holds a bachelor's degree in one of the behavioral sciences or related fields from an accredited college or university, and:  (1) has at least 2,000 hours of clinically supervised experience in the delivery of mental health services to clients with mental illness; (2) is fluent in the language, other than English, of the cultural group that makes up at least 50 percent of the practitioner's clients, completes 40 hours of training on the delivery of services to clients with mental illness, and receives clinical supervision from a mental health professional at least once per week until meeting the required 2,000 hours of supervised experience; or (3) receives 40 hours of training on the delivery of services to clients with mental illness within six months of employment, and clinical supervision from a mental health professional at least once per week until meeting the required 2,000 hours of supervised experience."

 

Page 15, line 33, delete the new language and strike the old language

 

Page 15, line 34, delete the new language and strike the old language

 

Page 16, strike lines 1 to 3

 

Page 17, after line 14, insert:

 

"Sec. 9.  Minnesota Statutes 2016, section 256B.0944, subdivision 7, is amended to read:

 

Subd. 7.  Crisis stabilization services.  Crisis stabilization services must be provided by a mental health professional or a mental health practitioner, as defined in section 245.462, subdivision 17, who works under the clinical supervision of a mental health professional and for a crisis stabilization services provider entity and must meet the following standards:

 

(1) a crisis stabilization treatment plan must be developed which meets the criteria in subdivision 8;

 

(2) services must be delivered according to the treatment plan and include face-to-face contact with the recipient by qualified staff for further assessment, help with referrals, updating the crisis stabilization treatment plan, supportive counseling, skills training, and collaboration with other service providers in the community; and


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(3) mental health practitioners must have completed at least 30 hours of training in crisis intervention and stabilization during the past two years."

 

Page 19, delete section 9 and insert:

 

"Sec. 11.  EFFECTIVE DATE.

 

Sections 1 to 10 are effective the day following final enactment."

 

Renumber the sections in sequence

 

Correct the title numbers accordingly

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 3441, A bill for an act relating to agriculture; clarifying application of fugitive emission standards to certain commodity facilities; amending Minnesota Statutes 2016, section 116.07, by adding a subdivision.

 

Reported the same back with the following amendments:

 

Page 1, line 10, delete "uses" and insert "use"

 

Page 1, line 11, delete everything after the comma and insert "the following terms have the meanings given them:"

 

Page 1, delete line 12 and insert:

 

"(1) "temporary storage facility" means a facility storing grain that:"

 

Page 1, line 13, delete "(1)" and insert "(i)"

 

Page 1, line 14, delete "(2)" and insert "(ii)"

 

Page 1, line 15, delete "(3)" and insert "(iii)"

 

Page 1, line 16, delete "(4)" and insert "(iv)" and delete the period and insert "; and"

 

Page 1, after line 16, insert:

 

"(2) "portable equipment" means equipment that is not fixed at any one spot and can be moved, including but not limited to portable augers, portable conveyers, and portable front-end loaders."

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Environment and Natural Resources Policy and Finance.

 

      The report was adopted.


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7517

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

 

H. F. No. 3448, A bill for an act relating to health; changing isolation and quarantine provisions; amending Minnesota Statutes 2016, sections 144.419, subdivision 1; 144.4196, subdivisions 1, 2.

 

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. 3534, A bill for an act relating to health; establishing an opioid reduction pilot program; appropriating money.

 

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. 3551, A bill for an act relating to the Safe at Home program; modifying program requirements; making clarifying and technical changes; amending Minnesota Statutes 2016, sections 5B.02; 5B.03; 5B.05; 5B.07, subdivision 1.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 3607, A bill for an act relating to agriculture; requiring monitoring for nitrogen on certain state lands; amending Minnesota Statutes 2016, section 103H.175, by adding a subdivision.

 

Reported the same back with the following amendments:

 

Page 1, line 7, delete "Nitrogen"

 

Page 1, line 9, after "nitrogen" insert "and phosphorous" and before the period, insert "and monthly to members of the legislative committees with jurisdiction over agriculture, natural resources, and the environment.  Monthly reports submitted to committee members must include charts"


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7518

Amend the title as follows:

 

Page 1, line 2, before "monitoring" insert "water" and delete "for nitrogen"

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Environment and Natural Resources Policy and Finance.

 

      The report was adopted.

 

 

Erickson from the Committee on Education Innovation Policy to which was referred:

 

H. F. No. 3692, A bill for an act relating to education; requiring screening for dyslexia; amending Minnesota Statutes 2017 Supplement, section 120B.12, subdivision 2.

 

Reported the same back with the following amendments:

 

Page 1, line 11, after "students" insert "between the" and delete "in" and insert "of" and delete "no later than"

 

Page 1, line 12, delete everything after "as" and insert "exhibiting characteristics associated with dyslexia."

 

 

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

 

      The report was adopted.

 

 

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

 

Senate Concurrent Resolution No. 10, relating to adjournment for more than three days.

 

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

 

      The report was adopted.

 

 

SECOND READING OF HOUSE BILLS

 

 

      H. F. Nos. 390, 2911, 3055, 3221, 3344, 3389, 3422, 3432 and 3448 were read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

West introduced:

 

H. F. No. 3948, A bill for an act relating to motor vehicles; authorizing use of a trailer to tow overdimensional loads in certain instances; amending Minnesota Statutes 2016, section 299D.085, by adding a subdivision.

 

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


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7519

Runbeck; Petersburg; Barr, R., and Anderson, S., introduced:

 

H. F. No. 3949, A bill for an act relating to taxes; local sales and use; requiring counties to seek voter approval for new or increased transportation sales and use taxes; amending Minnesota Statutes 2016, section 297A.993, subdivision 1.

 

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

 

 

Fischer introduced:

 

H. F. No. 3950, A bill for an act relating to health; requiring an informed consent form to prescribe psychotropic medications; amending Minnesota Statutes 2016, section 152.12, by adding a subdivision.

 

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

 

 

Maye Quade introduced:

 

H. F. No. 3951, A bill for an act relating to public safety; requiring the Bureau of Criminal Apprehension to create and maintain a centralized register of individuals who voluntarily choose to be ineligible to purchase firearms for a self-determined period of time; amending Minnesota Statutes 2016, sections 624.7131, subdivisions 1, 2, 4, 9; 624.7132, subdivisions 1, 2, 5, 6, 10, 13; proposing coding for new law in Minnesota Statutes, chapter 624.

 

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

 

 

Loon introduced:

 

H. F. No. 3952, A bill for an act relating to courts; requesting creation of a task force to assess expanding use of audio and audio-visual recording of court proceedings.

 

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

 

 

Slocum, Lee, Bly and Wagenius introduced:

 

H. F. No. 3953, A bill for an act relating to public safety; modifying provisions related to transfer of firearms and ammunition and to eligibility to possess firearm; limiting or prohibiting possession of certain firearms and firearm accessories; providing criminal penalties; amending Minnesota Statutes 2016, sections 13.87, subdivision 2; 97B.031, by adding a subdivision; 609.66, subdivision 1a, by adding a subdivision; 609.67, subdivision 1; 624.712, subdivisions 6, 7, by adding subdivisions; 624.713, subdivisions 1a, 3; 624.7131, subdivisions 1, 4, 7; 624.7132, subdivisions 1, 3, 4, 5, 6, 8, 9, 12, 15, by adding subdivisions; 624.7141; 624.7161, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 624; repealing Minnesota Statutes 2016, sections 609.66, subdivision 1f; 624.711; 624.7131, subdivision 10; 624.7132, subdivisions 10, 14.

 

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


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Dehn, R.; Becker-Finn; Lee; Moran; Clark; Schultz; Omar; Hausman; Hornstein; Thissen; Considine; Flanagan; Applebaum; Davnie; Rosenthal; Bly; Loeffler and Liebling introduced:

 

H. F. No. 3954, A bill for an act relating to public safety; prohibiting the transfer of semiautomatic military-style assault weapons; establishing a semiautomatic military-style assault weapon buyback program; providing criminal penalties; appropriating money; amending Minnesota Statutes 2016, section 624.712, subdivision 7; proposing coding for new law in Minnesota Statutes, chapter 624.

 

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

 

 

Ward; Zerwas; Pinto; Flanagan; Uglem; Thissen; Carlson, A.; Jurgens and Franke introduced:

 

H. F. No. 3955, A bill for an act relating to public safety; expanding vehicle forfeiture in prostitution offenses; amending Minnesota Statutes 2016, sections 609.324, subdivision 5; 609.5312, subdivision 3.

 

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

 

 

Olson, Schultz and Murphy, M., introduced:

 

H. F. No. 3956, A bill for an act relating to capital investment; appropriating money for the Duluth Steam Plant; authorizing the sale and issuance of state bonds.

 

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

 

 

Fabian introduced:

 

H. F. No. 3957, A bill for an act relating to economic development; modifying restrictions on local government loan repayment funds.

 

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

 

 

Hoppe introduced:

 

H. F. No. 3958, A bill for an act relating to court fees; amending the fee to renew a judgment on consumer credit transactions; amending Minnesota Statutes 2017 Supplement, section 357.021, subdivision 2.

 

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


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Johnson, B., introduced:

 

H. F. No. 3959, A bill for an act relating to public safety; modifying disbursement of surcharges on criminal and traffic offenders; distribution of surcharges; amending Minnesota Statutes 2016, section 357.021, subdivision 7.

 

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

 

 

Torkelson introduced:

 

H. F. No. 3960, A bill for an act relating to environment; modifying external peer review requirements for certain standards; amending Minnesota Statutes 2016, section 115.035.

 

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

 

 

Haley introduced:

 

H. F. No. 3961, A bill for an act relating to natural resources; allowing certain mixed uses in Welch in Goodhue County; proposing coding for new law in Minnesota Statutes, chapter 103F.

 

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

 

 

Hamilton introduced:

 

H. F. No. 3962, A bill for an act relating to animals; classifying certain data collected by the Board of Animal Health; amending Minnesota Statutes 2016, section 13.643, subdivision 6.

 

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

 

 

Hamilton introduced:

 

H. F. No. 3963, A bill for an act relating to capital investment; appropriating money to correct safety, energy, and operational efficiency problems at the Department of Agriculture/Department of Health Laboratory Building; authorizing the sale and issuance of state bonds.

 

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

 

 

Hertaus introduced:

 

H. F. No. 3964, A bill for an act relating to workforce development; appropriating money for job skills training for recently released inmates.

 

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


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Backer introduced:

 

H. F. No. 3965, A bill for an act relating to transportation; prohibiting policies that limit mowing or haying of trunk highway right-of-way unless approved by law; amending Minnesota Statutes 2016, section 160.2715.

 

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

 

 

Hornstein introduced:

 

H. F. No. 3966, A bill for an act relating to energy; expanding purposes for energy conservation loans; amending Minnesota Statutes 2016, section 462A.05, subdivision 14b.

 

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

 

 

Hamilton introduced:

 

H. F. No. 3967, A bill for an act relating to economic development; appropriating money for the workforce housing program.

 

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

 

 

Mahoney introduced:

 

H. F. No. 3968, A bill for an act relating to economic development; appropriating money for the redevelopment grant and demolition loan programs.

 

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

 

 

Anselmo introduced:

 

H. F. No. 3969, A bill for an act relating to liquor; authorizing the city of Edina to issue an on-sale intoxicating liquor license.

 

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

 

 

McDonald introduced:

 

H. F. No. 3970, A bill for an act relating to capital investment; appropriating money for a regional park in Montrose; authorizing the sale and issuance of state bonds.

 

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


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McDonald and Nash introduced:

 

H. F. No. 3971, A bill for an act relating to education finance; enhancing equalization aid; increasing state aid for the debt service equalization aid program and the operating referendum revenue program; appropriating money; amending Minnesota Statutes 2016, sections 123B.53, subdivisions 4, 5; 126C.17, subdivision 6.

 

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

 

 

Nash introduced:

 

H. F. No. 3972, A bill for an act relating to liquor; clarifying the citation of Minnesota Statutes, chapter 340A; amending Minnesota Statutes 2016, section 340A.901.

 

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

 

 

Moran and Slocum introduced:

 

H. F. No. 3973, A bill for an act relating to human services; establishing the Minnesota African American Family Preservation Act; creating an African American Child Welfare Oversight Council; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 260.

 

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

 

 

Omar introduced:

 

H. F. No. 3974, A bill for an act relating to marriage; eliminating provisions allowing marriages by minors; requiring proof of age; amending Minnesota Statutes 2016, sections 517.02; 517.03, subdivision 1; 517.08, subdivisions 1a, 1b, by adding a subdivision.

 

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

 

 

Loeffler, Freiberg and Flanagan introduced:

 

H. F. No. 3975, A bill for an act relating to human services; providing grant funds to Hennepin County to recruit foster families; appropriating money.

 

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

 

 

Maye Quade, Davids and Hamilton introduced:

 

H. F. No. 3976, A bill for an act relating to taxation; sales and use; exempting prepared food used in certain nonprofit food programs; amending Minnesota Statutes 2016, section 297A.70, by adding a subdivision.

 

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


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7524

Hamilton; Anselmo; Barr, R.; Loon and Fenton introduced:

 

H. F. No. 3977, A bill for an act relating to agriculture; providing that bee and apiary solar farms are an agricultural use for purposes of mandatory review of certain state agency actions; modifying requirements for a solar generation site claimed to provide habitat beneficial to birds and pollinators; providing that a bee and apiary solar farm is an agricultural use for purposes of a metropolitan agricultural preserve; amending Minnesota Statutes 2016, sections 17.81, subdivision 4; 216B.1642; 473H.02, subdivision 3, by adding a subdivision; 473H.05, subdivision 1.

 

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

 

 

Zerwas introduced:

 

H. F. No. 3978, A bill for an act relating to health; allowing state contractor licensee to perform radon mitigation work; amending Minnesota Statutes 2016, sections 144.4961, by adding a subdivision; 326B.805, by adding a subdivision.

 

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

 

 

Garofalo introduced:

 

H. F. No. 3979, A bill for an act relating to elections; requiring the state primary to be held on the same day as the presidential nomination primary in calendar year 2020; amending Minnesota Statutes 2016, sections 204D.03, subdivision 1; 204D.09, subdivision 1; 205.065, subdivisions 1, 2; 205A.03, subdivisions 1, 2; 205A.06, subdivision 1a; 205A.11, subdivision 2a; 206.61, subdivision 5; 206.82, subdivision 2.

 

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

 

 

Dean, M., introduced:

 

H. F. No. 3980, A bill for an act relating to transportation; establishing a freight rail economic development program; amending Minnesota Statutes 2017 Supplement, section 222.49; proposing coding for new law in Minnesota Statutes, chapter 222.

 

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

 

 

Anderson, P., and Backer introduced:

 

H. F. No. 3981, A bill for an act relating to transportation; requiring MnDOT to conduct a pilot project to incorporate crumb rubber in asphalt mix; requiring a report.

 

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


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Anderson, P., and Torkelson introduced:

 

H. F. No. 3982, A bill for an act relating to motor vehicles; authorizing registration and use of certain decommissioned military vehicles; amending Minnesota Statutes 2016, section 168.10, subdivision 1h.

 

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

 

 

Anderson, P., and Backer introduced:

 

H. F. No. 3983, A bill for an act relating to capital investment; appropriating money for construction of an interchange near the city of Glenwood; authorizing the sale and issuance of state bonds.

 

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

 

 

Kresha introduced:

 

H. F. No. 3984, A bill for an act relating to children; modifying appointment of counsel in juvenile court; amending Minnesota Statutes 2017 Supplement, section 260C.163, subdivisions 3, 10.

 

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

 

 

Daniels introduced:

 

H. F. No. 3985, A bill for an act relating to higher education; requiring Minnesota State Colleges and Universities to provide affordable textbooks for a percentage of courses; requiring a report; amending Minnesota Statutes 2016, section 136F.58, subdivision 2a; proposing coding for new law in Minnesota Statutes, chapter 136F.

 

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

 

 

Koegel introduced:

 

H. F. No. 3986, A bill for an act relating to motor vehicles; establishing "Lions Clubs International" special license plates; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 168.

 

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

 

 

McDonald, Gruenhagen, Lesch, Munson and Dettmer introduced:

 

H. F. No. 3987, A bill for an act relating to the military; authorizing resident hunting and fishing licenses to be issued to active military members; amending Minnesota Statutes 2016, section 97A.465, subdivision 3.

 

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


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Layman, Lueck, Metsa, Sandstede, Ecklund and Murphy, M., introduced:

 

H. F. No. 3988, A bill for an act relating to economic development; appropriating money for academic and applied research at the Natural Resources Research Institute; requiring reports.

 

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

 

 

McDonald, Gruenhagen, Zerwas, Munson and Davids introduced:

 

H. F. No. 3989, A bill for an act relating to taxation; corporate franchise; reducing rates; amending Minnesota Statutes 2016, sections 290.06, subdivision 1; 290.0921, subdivision 1.

 

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

 

 

Kunesh-Podein; Bly; Murphy, M.; Sandstede and Davnie introduced:

 

H. F. No. 3990, A bill for an act relating to education; creating a deadline for teacher contracts; imposing a penalty for late contracts; proposing coding for new law in Minnesota Statutes, chapter 123B.

 

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

 

 

Peterson and Mariani introduced:

 

H. F. No. 3991, A bill for an act relating to education; modifying the innovation research zone pilot program; amending Laws 2017, First Special Session chapter 5, article 2, section 52.

 

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

 

 

Heintzeman introduced:

 

H. F. No. 3992, A bill for an act relating to environment; ensuring that Mississippi Headwaters Board has certification jurisdiction over headwaters area; amending Minnesota Statutes 2016, sections 103F.361, subdivision 2; 103F.363, subdivision 1; 103F.365, by adding a subdivision; 103F.371; 103F.373, subdivisions 1, 3, 4.

 

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

 

 

Baker and Vogel introduced:

 

H. F. No. 3993, A bill for an act relating to energy; establishing an energy conservation utility stakeholder group; amending Minnesota Statutes 2017 Supplement, section 216B.241, subdivision 1d.

 

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


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Green, Fabian and Grossell introduced:

 

H. F. No. 3994, A bill for an act relating to energy; modifying permitting process for certain pipelines; amending Minnesota Statutes 2016, section 216G.02, by adding a subdivision.

 

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

 

 

Carlson, L., and Schultz introduced:

 

H. F. No. 3995, A bill for an act relating to taxation; individual income and corporate franchise; providing for various state subtractions and credits and nonconformity to certain federal tax items; amending Minnesota Statutes 2016, sections 290.0132, by adding subdivisions; 290.0134, by adding a subdivision; Minnesota Statutes 2017 Supplement, sections 289A.02, subdivision 7; 290.01, subdivisions 19, 31; proposing coding for new law in Minnesota Statutes, chapter 290.

 

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

 

 

Gunther, Maye Quade and Metsa introduced:

 

H. F. No. 3996, A bill for an act relating to energy; modifying the energy improvements program; amending Minnesota Statutes 2016, sections 216C.435, subdivision 8, by adding subdivisions; 216C.436, subdivision 2, by adding subdivisions; repealing Minnesota Statutes 2016, section 216C.436, subdivision 4.

 

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

 

 

Nash introduced:

 

H. F. No. 3997, A bill for an act relating to public safety; modifying motorcycle operating requirements for individuals possessing a two-wheeled vehicle instruction permit; amending Minnesota Statutes 2016, section 169.974, subdivision 2.

 

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

 

 

Pelowski, Davids, Hausman and Franke introduced:

 

H. F. No. 3998, A bill for an act relating to capital investment; appropriating money for development of the Twin Cities-Milwaukee-Chicago (TCMC) second train.

 

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


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7528

Clark and Hansen introduced:

 

H. F. No. 3999, A bill for an act relating to mining; modifying financial assurance requirements; amending Minnesota Statutes 2016, section 93.49.

 

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

 

 

Schultz, Nelson, Freiberg, Masin, Halverson, Liebling and Lee introduced:

 

H. F. No. 4000, A bill for an act relating to redistricting; proposing a constitutional amendment to establish a redistricting commission to adopt congressional and legislative district boundaries following each federal decennial census.

 

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

 

 

Allen introduced:

 

H. F. No. 4001, A bill for an act relating to liquor; authorizing the city of Minneapolis to issue an on-sale intoxicating liquor license.

 

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

 

 

Runbeck introduced:

 

H. F. No. 4002, A bill for an act relating to education; requiring school boards to adopt student mobile device policies; proposing coding for new law in Minnesota Statutes, chapter 121A.

 

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

 

 

Runbeck and Lillie introduced:

 

H. F. No. 4003, A bill for an act relating to waters; temporarily prohibiting enforcement of certain water appropriation permit conditions.

 

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

 

 

Runbeck and Koznick introduced:

 

H. F. No. 4004, A bill for an act relating to transportation; defining operating costs for purposes of the state share of light rail operating costs; amending Minnesota Statutes 2016, section 473.3994, subdivision 9.

 

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


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Murphy, E., introduced:

 

H. F. No. 4005, A bill for an act relating to human services; requiring commissioner of human services to make insulin available to uninsured individuals through volume purchase; appropriating money; amending Minnesota Statutes 2016, section 256.01, by adding a subdivision.

 

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

 

 

Zerwas, Lesch and Grossell introduced:

 

H. F. No. 4006, A bill for an act relating to public safety; establishing a bail enforcement agent license; amending Minnesota Statutes 2016, section 629.63; proposing coding for new law in Minnesota Statutes, chapter 326.

 

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

 

 

Swedzinski introduced:

 

H. F. No. 4007, A bill for an act relating to transportation; governing certain trunk highway system mowing and haying authority; amending Minnesota Statutes 2016, section 160.232.

 

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

 

 

Swedzinski introduced:

 

H. F. No. 4008, A bill for an act relating to transportation; establishing a moratorium on permits to mow or hay trunk highway rights-of-way.

 

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

 

 

Swedzinski introduced:

 

H. F. No. 4009, A bill for an act relating to natural resources; appropriating money for aggregate mapping.

 

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

 

 

Peterson introduced:

 

H. F. No. 4010, A bill for an act relating to health; establishing a benchmark for electronic prescribing; requiring corrective action plans for prescribers who do not meet the benchmark; amending Minnesota Statutes 2016, section 62J.497, subdivision 2.

 

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


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Newberger introduced:

 

H. F. No. 4011, A bill for an act relating to game and fish; modifying bow fishing requirements; amending Minnesota Statutes 2016, section 97C.376, subdivision 4.

 

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

 

 

Layman and Urdahl introduced:

 

H. F. No. 4012, A bill for an act relating to workforce development; appropriating money for a grant to the pathway to preservations trades program.

 

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

 

 

Carlson, L., and Freiberg introduced:

 

H. F. No. 4013, A bill for an act relating to taxation; sales and use; expanding the exemption for sales to certain nonprofit organizations; amending Minnesota Statutes 2017 Supplement, section 297A.70, subdivision 4.

 

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

 

 

Dehn, R.; Zerwas; Loon; Ward; Pinto and Loeffler introduced:

 

H. F. No. 4014, A bill for an act relating to corrections; establishing the Mama's Bus pilot project to provide parent and child bonding and literacy for incarcerated women and their children; appropriating money.

 

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

 

 

Peterson introduced:

 

H. F. No. 4015, A bill for an act relating to education; authorizing school districts to use long-term facilities maintenance revenue for projects that increase the safety and security of school facilities; establishing a supplemental aid program to pay a portion of the costs for school district projects that increase the safety and security of school facilities; amending Minnesota Statutes 2016, section 123B.595, subdivision 7, by adding a subdivision.

 

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

 

 

Anderson, S., introduced:

 

H. F. No. 4016, A bill for an act relating to state government; requiring the commissioner of management and budget to maintain a Web site that permits persons to make gifts to the state online; amending Minnesota Statutes 2016, section 16A.013, by adding a subdivision.

 

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


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Theis introduced:

 

H. F. No. 4017, A bill for an act relating to human services; adding registered nurse evaluations as a covered home care service under medical assistance; amending Minnesota Statutes 2016, sections 256B.0651, subdivisions 1, 2; 256B.0652, subdivisions 3a, 11; 256B.85, subdivision 8; Minnesota Statutes 2017 Supplement, sections 256B.0653, subdivisions 2, 6; 256B.0915, subdivision 3a.

 

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

 

 

Schomacker introduced:

 

H. F. No. 4018, A bill for an act relating to health; making changes to statutory provisions affecting older and vulnerable adults; modifying the Minnesota Health Records Act and the health care bill of rights; modifying regulation of nursing homes, home care providers, housing with services establishments, and assisted living services; modifying requirements for reporting maltreatment of vulnerable adults; establishing an advisory task force; requiring reports; providing for access to information and data sharing; imposing civil and criminal penalties; appropriating money; amending Minnesota Statutes 2016, sections 144.6501, subdivision 3, by adding a subdivision; 144.651, subdivisions 1, 2, 4, 6, 14, 16, 17, 20, 21, by adding subdivisions; 144A.10, subdivision 1; 144A.44; 144A.441; 144A.442; 144A.45, subdivisions 1, 2; 144A.474, subdivisions 1, 2, 8, 9; 144A.4791, subdivision 10; 144A.53, subdivisions 1, 4; 144D.01, subdivision 1; 144D.02; 144D.04, by adding a subdivision; 144G.01, subdivision 1; 325F.71; 609.2231, subdivision 8; 626.557, subdivisions 3, 4, 9, 9a, 9b, 9c, 9d, 9e, 10b, 12b, 14, 17; 626.5572, subdivision 6, by adding a subdivision; Minnesota Statutes 2017 Supplement, sections 144A.474, subdivision 11; 144D.04, subdivision 2; 256.045, subdivisions 3, 4; proposing coding for new law in Minnesota Statutes, chapters 144; 144D; 144G; repealing Minnesota Statutes 2016, section 256.021.

 

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

 

 

Schomacker introduced:

 

H. F. No. 4019, A bill for an act relating to health; making changes to statutory provisions affecting older and vulnerable adults; modifying the health care bill of rights; modifying regulation of nursing homes, home care providers, housing with services establishments, and assisted living services; modifying requirements for reporting maltreatment of vulnerable adults; establishing an advisory task force; requiring reports; providing for access to information and data sharing; imposing civil and criminal penalties; amending Minnesota Statutes 2016, sections 144.651, subdivisions 2, 14, 16, 20, by adding subdivisions; 144A.44; 325F.71; 609.2231, subdivision 8; 626.557, subdivisions 3, 4, 9, 9a, 9b, 9c, 9d, 9e, 10b, 12b, 14, 17; 626.5572, subdivision 6, by adding a subdivision; Minnesota Statutes 2017 Supplement, section 256.045, subdivisions 3, 4; proposing coding for new law in Minnesota Statutes, chapter 144; repealing Minnesota Statutes 2016, sections 144G.03, subdivision 6; 256.021.

 

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

 

 

Ward and Davids introduced:

 

H. F. No. 4020, A bill for an act relating to taxation; individual income and corporate franchise; allowing a credit for donations to certain youth intervention organizations; appropriating money; proposing coding for new law in Minnesota Statutes, chapters 290; 299A.

 

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


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7532

Ward; Dehn, R.; O'Neill and Franke introduced:

 

H. F. No. 4021, A bill for an act relating to criminal justice; juveniles; addressing predatory offender registration of juveniles; amending Minnesota Statutes 2016, section 243.166, subdivisions 1b, 6.

 

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

 

 

Quam and Green introduced:

 

H. F. No. 4022, A bill for an act relating to public safety; requiring use of facial recognition technology as part of the driver's license and Minnesota identification card application process; proposing coding for new law in Minnesota Statutes, chapter 171.

 

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

 

 

Howe introduced:

 

H. F. No. 4023, A bill for an act relating to the State Fire Code; requiring inspections by the state fire marshal of places of public accommodation; creating a dedicated account in the special revenue fund; appropriating money; amending Minnesota Statutes 2016, section 299F.391, subdivisions 1, 2; proposing coding for new law in Minnesota Statutes, chapter 299F.

 

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

 

 

Albright introduced:

 

H. F. No. 4024, A bill for an act relating to emergency and public safety communications; establishing training requirements for 911 telecommunicators and dispatchers; amending Minnesota Statutes 2016, section 403.06, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 403.

 

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

 

 

Bliss introduced:

 

H. F. No. 4025, A bill for an act relating to education finance; broadening the natural disaster debt service equalization aid program to assist school districts with a high percentage of property excluded from the tax rolls; appropriating money; amending Minnesota Statutes 2016, sections 123B.535; 127A.49.

 

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


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7533

Peterson introduced:

 

H. F. No. 4026, A bill for an act relating to education finance; increasing the safe schools levy; amending Minnesota Statutes 2016, section 126C.44.

 

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

 

 

Peterson introduced:

 

H. F. No. 4027, A bill for an act relating to real property; modifying requirements for an action based on mortgage foreclosure dual tracking; amending Minnesota Statutes 2016, section 582.043, subdivision 7.

 

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

 

 

Knoblach introduced:

 

H. F. No. 4028, A bill for an act relating to environment; restricting application of certain storm water rules.

 

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

 

 

Fabian introduced:

 

H. F. No. 4029, A bill for an act relating to local government aid; modifying provisions on aid for certain transportation wetlands; amending Minnesota Statutes 2016, section 477A.11, subdivision 7.

 

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

 

 

Petersburg introduced:

 

H. F. No. 4030, A bill for an act relating to human services; providing a rate increase for an intermediate care facility for persons with developmental disabilities; amending Minnesota Statutes 2016, section 256B.5012, by adding a subdivision.

 

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

 

 

Zerwas; Liebling; Murphy, E., and Pierson introduced:

 

H. F. No. 4031, A bill for an act relating to human services; changing child protection grant allocation to counties; amending Minnesota Statutes 2016, section 256M.41, subdivision 3, by adding a subdivision.

 

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


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7534

Gunther, Schomacker and Baker introduced:

 

H. F. No. 4032, A bill for an act relating to capital investment; establishing a greater Minnesota child care facility capital grant program; appropriating money for grants; authorizing the sale and issuance of state bonds; proposing coding for new law in Minnesota Statutes, chapter 119B.

 

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

 

 

Gunther introduced:

 

H. F. No. 4033, 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 Health and Human Services Reform.

 

 

Murphy, M., introduced:

 

H. F. No. 4034, A bill for an act relating to taxation; sales and use; modifying the city of Two Harbors' local option sales tax authority; amending Laws 1998, chapter 389, article 8, section 45, subdivisions 1, 3, as amended, 4, 5.

 

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

 

 

Jurgens introduced:

 

H. F. No. 4035, A bill for an act relating to capital investment; appropriating money for preservation and rehabilitation of the historically designated Hastings City Hall; authorizing the sale and issuance of state bonds.

 

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

 

 

McDonald introduced:

 

H. F. No. 4036, A bill for an act relating to state government; requiring a reduction in the state workforce; creating an early retirement program; proposing an amendment to the Minnesota Constitution; limiting the level of budgeted spending to the amount collected in the prior biennium; prohibiting bonus payments for public employees; reducing salaries of state employees and elected officials; amending Minnesota Statutes 2016, section 15A.086; proposing coding for new law in Minnesota Statutes, chapter 43A.

 

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

 

 

McDonald, Zerwas and Bahr, C., introduced:

 

H. F. No. 4037, A bill for an act relating to ethics in government; modifying prohibitions on certain gifts; amending Minnesota Statutes 2016, section 10A.071, subdivision 3.

 

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


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7535

Thissen introduced:

 

H. F. No. 4038, A bill for an act relating to higher education; requiring approval from the commissioner of commerce before the University of Minnesota can offer a university-sponsored student health benefit plan; proposing coding for new law in Minnesota Statutes, chapter 137.

 

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

 

 

Thissen introduced:

 

H. F. No. 4039, A bill for an act relating to employment; requiring employers to provide seats for employees; providing penalties; proposing coding for new law in Minnesota Statutes, chapter 181.

 

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

 

 

Mahoney introduced:

 

H. F. No. 4040, A bill for an act relating to judicial salaries; adjusting basis for determining salary for judges of Workers' Compensation Court of Appeals; amending Minnesota Statutes 2017 Supplement, section 15A.083, subdivision 7.

 

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

 

 

Mahoney introduced:

 

H. F. No. 4041, A bill for an act relating to motor vehicles; regulating autonomous vehicles; amending Minnesota Statutes 2016, sections 169.011, by adding subdivisions; 169.13, subdivision 3; 169.18, subdivision 8; 169.468, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 174.

 

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

 

 

Nelson and Sandstede introduced:

 

H. F. No. 4042, A bill for an act proposing an amendment to the Minnesota Constitution, article VII, section 1; changing the state and local election voting age from 18 to 16.

 

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

 

 

Ecklund introduced:

 

H. F. No. 4043, A bill for an act relating to economic development; extending funds available for a workforce development training program; amending Laws 2017, chapter 94, article 1, section 2, subdivision 3.

 

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 - 72nd Day - Monday, March 19, 2018 - Top of Page 7536

Considine introduced:

 

H. F. No. 4044, A bill for an act relating to public safety; including the transfer of all bodily fluids in the crime of assaulting secure treatment facility personnel; amending Minnesota Statutes 2016, section 609.2231, subdivision 3a.

 

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

 

 

Olson, Schultz and Flanagan introduced:

 

H. F. No. 4045, A bill for an act relating to health; creating a task force to facilitate person-centered innovation in health and human services through a statewide expansion of telepresence platform access and collaboration; requiring a report.

 

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

 

 

Rarick introduced:

 

H. F. No. 4046, A bill for an act relating to energy; requiring investor-owned utilities to include in integrated resource plans an assessment of energy storage systems; requiring a cost-benefit analysis of energy storage systems; requiring consideration of energy storage deployment targets; appropriating money; requiring a report; amending Minnesota Statutes 2016, section 216B.2422, subdivision 1, by adding a subdivision.

 

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

 

 

Fenton, Peppin, Daudt, Zerwas, Hortman, Halverson, Loon, Swedzinski, Pugh, Slocum, Lillie and Applebaum introduced:

 

H. F. No. 4047, A bill for an act relating to insurance; regulating certain coverage exclusions; proposing coding for new law in Minnesota Statutes, chapter 60A.

 

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

 

 

Mahoney introduced:

 

H. F. No. 4048, A bill for an act relating to arts and culture; appropriating money for the Chinese garden in Phalen Park.

 

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


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7537

Hausman introduced:

 

H. F. No. 4049, A bill for an act relating to housing; modifying the Minnesota Bond Allocation Act related to housing bonds; amending Minnesota Statutes 2016, sections 474A.02, by adding subdivisions; 474A.03, subdivision 1; 474A.04, subdivision 1a; 474A.061, subdivisions 1, 2a, 2b, 2c, 4, by adding subdivisions; 474A.062; 474A.091, subdivisions 1, 2, 3, 5, by adding a subdivision; 474A.131, subdivisions 1, 1b, 2; 474A.14.

 

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

 

 

Lee; Clark; Dehn, R.; Omar and Davnie introduced:

 

H. F. No. 4050, A bill for an act relating to housing; requiring notice to the tenants of the sale of certain residential rental property; proposing coding for new law in Minnesota Statutes, chapter 462A.

 

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

 

 

Rosenthal introduced:

 

H. F. No. 4051, A bill for an act relating to transportation; requiring the commissioner to adopt rules for driver's education programs and the driver's manual on safe interactions with law enforcement officials and safely responding to emergencies; establishing the Driver's Education Content Task Force; appropriating money; requiring rulemaking; amending Minnesota Statutes 2016, sections 171.0701, subdivision 1; 171.0705, by adding a subdivision.

 

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

 

 

Carlson, A., introduced:

 

H. F. No. 4052, A bill for an act relating to waters; allowing watershed district to establish principal place of business outside the watershed; amending Minnesota Statutes 2016, section 103D.321, subdivision 2.

 

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

 

 

Youakim and Lesch introduced:

 

H. F. No. 4053, A bill for an act relating to human rights; changing reasonable accommodation provisions in Minnesota Human Rights Act; amending Minnesota Statutes 2016, section 363A.08, subdivision 6.

 

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


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7538

Youakim and Lesch introduced:

 

H. F. No. 4054, A bill for an act relating to human rights; changing statutory provisions to conform with Minnesota Human Rights Act; amending Minnesota Statutes 2017 Supplement, section 256C.02.

 

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

 

 

Peterson introduced:

 

H. F. No. 4055, A bill for an act relating to health; adding and modifying definitions; changing licensing requirements for businesses regulated by the Board of Pharmacy; clarifying requirements for compounding; changing provisions related to the manufacture and wholesale distribution of drugs; clarifying grounds for disciplinary action; prohibiting certain interactions between practitioners and pharmacists and pharmacies; repealing obsolete language; amending Minnesota Statutes 2016, sections 144.999, subdivision 3; 151.065, subdivisions 1, 3, 6; 151.071, subdivision 2; 151.14; 151.15; 151.18; 151.19, subdivisions 1, 3; 151.252, subdivisions 1, 1a; 151.253, by adding a subdivision; 151.43; 151.44; 151.46; 151.47; 151.49; 151.50; 152.02, subdivision 6; 152.13; 295.50, subdivision 14, by adding a subdivision; 295.51, subdivision 1a; Minnesota Statutes 2017 Supplement, section 151.32; proposing coding for new law in Minnesota Statutes, chapter 151; repealing Minnesota Statutes 2016, sections 151.061; 151.13, subdivision 2; 151.19, subdivision 4; 151.27; 151.42; 151.51; 151.55; Minnesota Rules, part 6800.1600.

 

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

 

 

Metsa introduced:

 

H. F. No. 4056, A bill for an act relating to capital investment; appropriating money for campground and related facility improvements in Gilbert; authorizing the sale and issuance of state bonds.

 

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

 

 

Sandstede introduced:

 

H. F. No. 4057, A bill for an act relating to taxation; property taxes; modifying the application due date for the disabled veterans homestead exclusion; providing refunds for taxes paid in 2017 or 2018 by certain qualifying veterans; amending Minnesota Statutes 2017 Supplement, section 273.13, subdivision 34.

 

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


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7539

MESSAGES FROM THE SENATE

 

 

      The following message was received from the Senate:

 

 

Mr. Speaker:

 

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

 

      S. F. No. 3133.

 

Cal R. Ludeman, Secretary of the Senate

 

 

FIRST READING OF SENATE BILLS

 

 

S. F. No. 3133, A bill for an act relating to public safety; requiring the legislative auditor to appoint an information technology auditor to conduct an assessment of MNLARS; establishing a MNLARS steering committee; appropriating money.

 

The bill was read for the first time.

 

 

DECLARATION OF URGENCY

 

      Pursuant to Article IV, Section 19, of the Constitution of the state of Minnesota, Torkelson moved that the rule therein be suspended and an urgency be declared and that the rules of the House be so far suspended so that S. F. No. 3133 be given its second and third readings and be placed upon its final passage.

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Torkelson motion and the roll was called.  There were 126 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

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

Daniels

Davids

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erickson

Fabian

Fenton

Fischer

Franke

Franson

Freiberg

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Jessup

Johnson, B.

Johnson, C.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Marquart

Masin

Maye Quade

McDonald

Metsa

Miller


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7540

Munson

Murphy, E.

Murphy, M.

Nash

Nelson

Neu

Newberger

Nornes

O'Driscoll

Olson

Omar

O'Neill

Pelowski

Peppin

Petersburg

Peterson

Pierson

Pinto

Poppe

Poston

Pryor

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sandstede

Sauke

Schomacker

Schultz

Scott

Slocum

Smith

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

West

Whelan

Wills

Youakim

Zerwas

Spk. Daudt


 

 

      The motion prevailed.

 

 

S. F. No. 3133 was read for the second time.

 

 

Torkelson moved to amend S. F. No. 3133, the second engrossment, as follows:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  MNLARS SUPPLEMENTAL APPROPRIATION; IMPLEMENTATION REQUIREMENTS.

 

Subdivision 1.  Supplemental appropriations.  (a) The following amounts are appropriated in fiscal year 2018 to the commissioner of public safety to develop, deploy, operate, and maintain the driver and vehicle information system known as the Minnesota Licensing and Registration System (MNLARS):

 

(1) $7,500,000 from the driver services operating account in the special revenue fund; and

 

(2) $2,500,000 from the vehicle services operating account in the special revenue fund.

 

(b) The appropriations in this subdivision must be expended only in the specified amounts for the following purposes:

 

(1) $551,000 for driver and vehicle services staffing, to perform general duties and functions of driver and vehicle services;

 

(2) $694,000 for driver and vehicle services staffing, to support development and implementation activities of the contracted driver services component of MNLARS;

 

(3) $195,000 for driver and vehicle services business costs, to expand customer service and public information center capacity through additional staff and associated hardware and software equipment;

 

(4) $4,776,000 for contracting, to perform software development on the vehicle services component of MNLARS;

 

(5) $560,000 for driver and vehicle services staffing, to support ongoing development activities of the vehicle services component of MNLARS;

 

(6) $624,000 for Office of MN.IT Services staffing, to support ongoing development activities of the vehicle services component of MNLARS; and

 

(7) $2,599,000 for technology costs, which consists of:


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7541

(i) $100,000 for user authentication and access control management;

 

(ii) $20,000 for testing environment hardware, including servers and data storage;

 

(iii) $650,000 for partial relocation of data from the enterprise data center;

 

(iv) $780,000 for disaster recovery preparedness; and

 

(v) $1,049,000 for contracted software review and software development support services.

 

(c) The appropriations in this subdivision are onetime appropriations.  Notwithstanding Minnesota Statutes, section 16A.28, subdivision 1, the unencumbered balances of the appropriations in this subdivision cancel on June 30, 2018, to the driver services operating account or the vehicle services operating account, as appropriate.

 

Subd. 2.  Executive agency appropriations; targeted reductions; transfer.  (a) By October 31, 2018, the commissioner of management and budget must, with the approval of the governor and after consulting the Legislative Advisory Commission, reduce general fund appropriations for executive agency operating expenditures by $10,000,000 for the biennium ending June 30, 2019.  In making reductions, the commissioner must prioritize reductions to any increased central operating or administrative expenses within an agency that resulted from the enactment of operating adjustments for that agency for the biennium ending June 30, 2019, compared to appropriations enacted for the agency for the biennium ending June 30, 2017.  The commissioner must not reduce appropriations for client-facing health care, corrections, public safety, mental health programs, or other services that are provided directly to members of the public.

 

(b) By June 30, 2018, the commissioner of management and budget must transfer $10,000,000 from the general fund to the driver services operating account in the special revenue fund.

 

(c) For purposes of this subdivision, "executive agency" has the meaning given in Minnesota Statutes, section 16A.011, subdivision 12, and includes constitutional officers.

 

Subd. 3.  Project schedule; performance measures.  (a) By the first business day after 21 days following the effective date of this section, the commissioner of management and budget, in consultation with the commissioner of public safety and the state chief information officer, must (1) establish a project schedule for the driver and vehicle information system known as the Minnesota Licensing and Registration System (MNLARS), with specific deadlines and milestones and based on the MNLARS Project Roadmap proposed in January 2018, and (2) develop performance measures for the MNLARS project.

 

(b) At a minimum, the performance measures must provide specific metrics to monitor MNLARS development and implementation activities, including measures of:

 

(1) the extent to which MNLARS defects have been resolved;

 

(2) the extent to which gaps in MNLARS functionality have been resolved;

 

(3) improvements in the ability of MNLARS users to edit transactions;

 

(4) reduction in the backlog of vehicle titles;

 

(5) the extent of errors in driver or vehicle transactions;

 

(6) system performance, including the extent of any slowdowns, outages, or other system performance issues;


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7542

(7) customer service responsiveness, which may include the number of phone calls and e­mails from the general public and stakeholders, and the timeliness of inquiry responses; and

 

(8) deputy registrar satisfaction.

 

(c) The commissioner must submit the performance measures to the members and staff of the legislative committees with jurisdiction over transportation policy and finance, state government finance, and technology and responsive government.

 

(d) The performance measures under this subdivision are not administrative rules and are not subject to Minnesota Statutes, chapter 14.

 

Subd. 4.  Progress reporting.  (a) On a monthly basis, the commissioner of public safety and the state chief information officer must jointly provide progress reports on the Minnesota Licensing and Registration System (MNLARS) project.  At a minimum, each progress report must identify activity and status toward successfully meeting outcomes within the project schedule and within the project budget, including but not limited to:

 

(1) whether deadlines under the project schedule have been met and, if not, information on schedule revisions to meet the deadlines;

 

(2) an overview of project activity during the preceding month and the total amount spent on each activity;

 

(3) information on project staffing and contractors including, separately, the amount spent for state employees and the amount spent for private contractors in the preceding month, itemized by the number of employees and contractors, the duties of each related to the project, and the agency responsible for their work;

 

(4) a summary of any new challenges or risks that were identified in the preceding month;

 

(5) a summary of any additional or unexpected costs that were identified in the preceding month, including a detailed explanation of the costs and why the costs had not been identified previously, the source and an itemization of funds expected to be used to cover the costs, and the specific steps taken to reduce costs in other project activities to ensure the overall project cost remains within the budget appropriated by law;

 

(6) details on the status for each performance measure established under subdivision 3; and

 

(7) a clear statement, signed separately by the commissioner and the state chief information officer, that certifies whether, as of the time of the report, the project is on schedule and within the budget appropriated by law, and that includes the following:  "I affirm that the statements submitted to the Legislature in this document are complete and truthful to the best of my knowledge."

 

(b) The commissioner of management and budget must submit each progress report under paragraph (a) to the chairs, ranking minority members, and staff of the legislative committees with jurisdiction over transportation policy and finance, state government finance, and technology and responsive government.

 

(c) The requirements under this subdivision expire upon full implementation of MNLARS, which includes but is not limited to resolution of all significant defects, implementation of all functionality gaps identified in the project schedule, and decommissioning of the legacy driver and vehicle services information technology system.

 

Subd. 5.  Request for information.  (a) No later than April 1, 2018, the commissioner of public safety must issue a request for information as described in this subdivision.  The request for information must obtain advice from qualified vendors regarding the feasibility of using a private vendor to develop, deploy, and maintain a driver and vehicle information system that replaces the system known as the Minnesota Licensing and Registration System (MNLARS).


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7543

(b) The request for information must solicit advice on procuring a replacement driver and vehicle information system that:

 

(1) is cost-effective, reliable, consumer- and user-friendly, and implemented in a timely manner; and

 

(2) contains functionality that substantially matches the functionality and features of the legacy information technology system in place prior to initial implementation of MNLARS.

 

(c) The request for information must be designed to obtain implementation information that includes:

 

(1) feasibility, costs, and a preliminary estimated timeline or schedule for implementation;

 

(2) a breakdown of costs and implementation timelines between driver services and vehicle services functionality, including costs of integrating a vehicle services information system with a separately developed driver services information system; and

 

(3) capacity and experience of a potential vendor.

 

(d) The request for information under this section must be published in the State Register and on the Web site of the Department of Administration at least 14 days prior to closing.  The request must otherwise be administered according to the requirements of Minnesota Statutes, chapter 16C, to the extent applicable, provided that a vendor's submission does not constitute a response to a solicitation, as defined in Minnesota Statutes, section 16C.02, subdivision 14, and may not be used by the commissioner to enter a contract unless the terms of the submission are later included in a vendor's response to a formal solicitation, as defined in Minnesota Statutes, section 16C.02, subdivision 7.

 

(e) No later than August 1, 2018, the commissioner must submit a report to the chairs, ranking minority members, and staff of the legislative committees with jurisdiction over transportation policy and finance, state government finance, and technology and responsive government, that summarizes the responses received from qualified vendors under this section.

 

Subd. 6.  REAL ID Act extensions.  The commissioner of public safety must coordinate with the governor to seek any extensions available from the United States Department of Homeland Security with respect to federal enforcement of the REAL ID Act of 2005, Public Law 109-13, Division B.  The commissioner must make all feasible efforts to promptly obtain extensions.

 

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

 

Delete the title and insert:

 

"A bill for an act relating to public safety; establishing certain requirements with respect to the development and implementation of the Minnesota Licensing and Registration System; appropriating money; requiring a report."

 

 

      A roll call was requested and properly seconded.

 

 

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

 

      Those who voted in the affirmative were:

 


Albright

Anderson, P.

Anderson, S.

Anselmo

Backer

Bahr, C.

Baker

Barr, R.

Bennett

Bliss

Christensen

Daniels

Davids

Dean, M.

Dettmer

Drazkowski

Erickson

Fabian


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7544

Fenton

Franke

Franson

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Hamilton

Heintzeman

Hertaus

Hoppe

Howe

Jessup

Johnson, B.

Jurgens

Kiel

Knoblach

Koznick

Kresha

Layman

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Marquart

McDonald

Miller

Munson

Nash

Neu

Newberger

Nornes

O'Driscoll

O'Neill

Pelowski

Peppin

Petersburg

Peterson

Pierson

Poppe

Poston

Pugh

Quam

Rarick

Runbeck

Schomacker

Scott

Smith

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

West

Whelan

Wills

Zerwas

Spk. Daudt


 

      Those who voted in the negative were:

 


Applebaum

Becker-Finn

Bernardy

Bly

Carlson, A.

Carlson, L.

Clark

Considine

Dehn, R.

Ecklund

Fischer

Freiberg

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Johnson, C.

Koegel

Kunesh-Podein

Lee

Lesch

Liebling

Lien

Lillie

Mahoney

Masin

Maye Quade

Metsa

Murphy, E.

Murphy, M.

Nelson

Olson

Omar

Pinto

Pryor

Rosenthal

Sandstede

Sauke

Schultz

Slocum

Sundin

Wagenius

Ward

Youakim


 

 

      The motion prevailed and the amendment was adopted.

 

 

Anderson, S., moved to amend S. F. No. 3133, the second engrossment, as amended, as follows:

 

Page 1, after line 2, insert:

 

"Section 1.  Minnesota Statutes 2016, section 168.013, subdivision 21, is amended to read:

 

Subd. 21.  Technology surcharge.  For every vehicle registration renewal required under this chapter, the commissioner shall collect a surcharge of:  (1) $1.75 until June 30, 2012; and (2) $1 from July 1, 2012, to June 30, 2016 $2.00.  Surcharges collected under this subdivision must be credited to the driver and vehicle services technology account in the special revenue fund under section 299A.705.

 

EFFECTIVE DATE.  This section is effective July 1, 2019, and applies to taxes payable for a registration period starting on or after that date.

 

Sec. 2.  Minnesota Statutes 2016, section 168.33, subdivision 7, is amended to read:

 

Subd. 7.  Filing fees; allocations.  (a) In addition to all other statutory fees and taxes, a filing fee of:

 

(1) $6 is imposed on every vehicle registration renewal, excluding pro rate transactions; and

 

(2) $10 is imposed on every other type of vehicle transaction, including motor carrier fuel licenses under sections 168D.05 and 168D.06, and pro rate transactions.

 

(b) Notwithstanding paragraph (a):

 

(1) a filing fee may not be charged for a document returned for a refund or for a correction of an error made by the Department of Public Safety, a dealer, or a deputy registrar; and


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7545

(2) no filing fee or other fee may be charged for the permanent surrender of a title for a vehicle.

 

(c) The filing fee must be shown as a separate item on all registration renewal notices sent out by the commissioner.

 

(d) The statutory fees and taxes, and the filing fees imposed under paragraph (a) may be paid by credit card or debit card.  The deputy registrar may collect a surcharge on the statutory fees, taxes, and filing fee not greater than the cost of processing a credit card or debit card transaction, in accordance with emergency rules established by the commissioner of public safety.  The surcharge must be used to pay the cost of processing credit and debit card transactions.

 

(e) The fees collected under this subdivision by the department must be allocated as follows:

 

(1) of the fees collected under paragraph (a), clause (1):

 

(i) $4.50 must be deposited in the vehicle services operating account; and

 

(ii) $1.50 must be deposited:

 

(A) in the driver and vehicle services technology account until sufficient funds have been deposited in that account to cover all costs of administration, development, and initial full deployment of the driver and vehicle services information system; and

 

(B) after completion of the deposit of funds under subitem (A) in the vehicle services operating account; and

 

(2) of the fees collected under paragraph (a), clause (2):

 

(i) $3.50 must be deposited in the general fund;

 

(ii) $5.00 must be deposited in the vehicle services operating account; and

 

(iii) $1.50 must be deposited:

 

(A) in the driver and vehicle services technology account until sufficient funds have been deposited in that account to cover all costs of administration, development, and initial full deployment of the driver and vehicle services information system; and

 

(B) after completion of the deposit of funds under subitem (A) in the vehicle services operating account.

 

Sec. 3.  Minnesota Statutes 2016, section 168A.29, subdivision 1, is amended to read:

 

Subdivision 1.  Amounts.  (a) The department must be paid the following fees:

 

(1) for filing an application for and the issuance of an original certificate of title, the sum of:

 

(i) until December 31, 2016, $6.25 of which $3.25 must be paid into the vehicle services operating account of the special revenue fund under section 299A.705, and from July 1, 2012, to June 30, 2016, a surcharge of $1 must be added to the fee and credited to the driver and vehicle services technology account; and

 

(ii) on and after January 1, 2017, $8.25 $10.25, of which:


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7546

(i) $4.15 must be paid into deposited in the vehicle services operating account; and

 

(ii) $2.00 must be deposited in the driver and vehicle services technology account in the special revenue fund;

 

(2) for each security interest when first noted upon a certificate of title, including the concurrent notation of any assignment thereof and its subsequent release or satisfaction, the sum of $2, except that no fee is due for a security interest filed by a public authority under section 168A.05, subdivision 8;

 

(3) until December 31, 2016, for the transfer of the interest of an owner and the issuance of a new certificate of title, the sum of $5.50 of which $2.50 must be paid into the vehicle services operating account of the special revenue fund under section 299A.705, and from July 1, 2012, to June 30, 2016, a surcharge of $1 must be added to the fee and credited to the driver and vehicle services technology account;

 

(4) for each assignment of a security interest when first noted on a certificate of title, unless noted concurrently with the security interest, the sum of $1; and

 

(5) (4) for issuing a duplicate certificate of title, the sum of $7.25 of which $3.25 must be paid into the vehicle services operating account of the special revenue fund under section 299A.705; from July 1, 2012, to June 30, 2016, a surcharge of $1 must be added to the fee and credited to the driver and vehicle services technology account.

 

(b) In addition to the fee required under paragraph (a), clause (1), the department must be paid $3.50.  The additional $3.50 fee collected under this paragraph must be deposited in the special revenue fund and credited to the public safety motor vehicle account established in section 299A.70.

 

EFFECTIVE DATE.  This section is effective July 1, 2019, for fees collected on or after that date.

 

Sec. 4.  Minnesota Statutes 2017 Supplement, section 171.06, subdivision 2, is amended to read:

 

Subd. 2.  Fees.  (a) The fees for a license and Minnesota identification card are as follows:

 

REAL ID Compliant or Noncompliant Classified Driver's License

 

D-$17.25

 

C-$21.25

 

B-$28.25

 

A-$36.25

REAL ID Compliant or Noncompliant Classified Under-21 D.L. 

 

D-$17.25

 

C-$21.25

 

B-$28.25

 

A-$16.25

Enhanced Driver's License

D-$32.25

C-$36.25

B-$43.25

A-$51.25

REAL ID Compliant or Noncompliant Instruction Permit

 

 

 

 

$5.25

Enhanced Instruction Permit

 

 

 

$20.25

Commercial Learner's Permit

 

 

 

$2.50

REAL ID Compliant or Noncompliant Provisional License

 

 

 

 

$8.25

Enhanced Provisional License

 

 

 

$23.25

Duplicate REAL ID Compliant or Noncompliant License or duplicate REAL ID Compliant or Noncompliant identification card

 

 

 

 

 

$6.75

Enhanced Duplicate License or enhanced duplicate identification card

 

 

 

 

$21.75

REAL ID Compliant or Noncompliant Minnesota identification card or REAL ID Compliant or Noncompliant Under-21


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7547

Minnesota identification card, other than duplicate, except as otherwise provided in section 171.07, subdivisions 3 and 3a

 

 

 

 

 

 

 

 

$11.25

Enhanced Minnesota identification card

 

 

 

$26.25

 

In addition to each fee required in this paragraph, the commissioner shall collect a surcharge of:  (1) $1.75 until June 30, 2012; and (2) $1.00 from July 1, 2012, to June 30, 2016 $2.00.  Surcharges collected under this paragraph must be credited to the driver and vehicle services technology account in the special revenue fund under section 299A.705.

 

(b) Notwithstanding paragraph (a), an individual who holds a provisional license and has a driving record free of (1) convictions for a violation of section 169A.20, 169A.33, 169A.35, sections 169A.50 to 169A.53, or section 171.177, (2) convictions for crash-related moving violations, and (3) convictions for moving violations that are not crash related, shall have a $3.50 credit toward the fee for any classified under-21 driver's license.  "Moving violation" has the meaning given it in section 171.04, subdivision 1.

 

(c) In addition to the driver's license fee required under paragraph (a), the commissioner shall collect an additional $4 processing fee from each new applicant or individual renewing a license with a school bus endorsement to cover the costs for processing an applicant's initial and biennial physical examination certificate.  The department shall not charge these applicants any other fee to receive or renew the endorsement.

 

(d) In addition to the fee required under paragraph (a), a driver's license agent may charge and retain a filing fee as provided under section 171.061, subdivision 4.

 

(e) In addition to the fee required under paragraph (a), the commissioner shall charge a filing fee at the same amount as a driver's license agent under section 171.061, subdivision 4.  Revenue collected under this paragraph must be deposited in the driver services operating account.

 

(f) An application for a Minnesota identification card, instruction permit, provisional license, or driver's license, including an application for renewal, must contain a provision that allows the applicant to add to the fee under paragraph (a), a $2 donation for the purposes of public information and education on anatomical gifts under section 171.075.

 

EFFECTIVE DATE.  This section is effective July 1, 2019, for fees collected on or after that date."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      The Speaker called Albright to the Chair.

 

 

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

 

 

      The question was taken on the Anderson, S., amendment and the roll was called.  There were 8 yeas and 117 nays as follows:

 

      Those who voted in the affirmative were:

 


Bly

Clark

Liebling

Metsa

Murphy, M.

Olson

Schultz

Youakim


 


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7472

           Those who voted in the negative were:

 


Albright

Anderson, P.

Anderson, S.

Anselmo

Applebaum

Backer

Bahr, C.

Baker

Barr, R.

Becker-Finn

Bennett

Bernardy

Bliss

Carlson, A.

Carlson, L.

Christensen

Daniels

Davids

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erickson

Fabian

Fenton

Fischer

Franke

Franson

Freiberg

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Hamilton

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Jessup

Johnson, B.

Johnson, C.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Marquart

Masin

Maye Quade

McDonald

Miller

Munson

Murphy, E.

Nash

Nelson

Neu

Newberger

Nornes

O'Driscoll

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

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

West

Whelan

Wills

Zerwas

Spk. Daudt


 

 

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

 

 

Hansen moved to amend S. F. No. 3133, the second engrossment, as amended, as follows:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  INFORMATION TECHNOLOGY AUDITOR; MNLARS ASSESSMENTS.

 

Subdivision 1.  Appointment.  The legislative auditor must appoint an information technology auditor to actively monitor and report on the development and implementation of the Minnesota Licensing and Registration System (MNLARS).  At a minimum, the person appointed to this position must have expertise in .NET coding.

 

Subd. 2.  Duties.  (a) The information technology auditor must conduct an assessment of MNLARS.  The assessment must be provided to the MNLARS Steering Committee upon completion.  At a minimum, the assessment must include:

 

(1) a technical assessment of the MNLARS system;

 

(2) an assessment of the feasibility of the MNLARS Project Roadmap proposed in January 2018, and any new or updated project roadmaps;

 

(3) an assessment of estimated funding needs for the continued development, operations, and maintenance of the MNLARS system; and

 

(4) an assessment of process changes and business flows for auto dealers and deputy registrars.

 

(b) The information technology auditor must make quarterly reports to the MNLARS Steering Committee, established in section 2, on:


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7549

(1) whether the commissioner of public safety and the chief information officer are in compliance with the plans required in section 2, subdivision 4; and

 

(2) whether the commissioner of public safety and the chief information officer are meeting the deadlines and performance measures in the timeline required in section 2, subdivision 4.

 

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

 

Sec. 2.  MNLARS STEERING COMMITTEE; QUARTERLY FUNDING REVIEW.

 

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

 

(b) "Committee" means the MNLARS Steering Committee established in this section.

 

(c) "Commissioner" means the commissioner of management and budget or the commissioner's designee.

 

(d) "MNLARS" means the Minnesota Licensing and Registration System developed by the Department of Public Safety and the Office of MN.IT Services.

 

(e) "Information technology auditor" means the individual appointed by the legislative auditor pursuant to section 1, subdivision 1.

 

(f) "Quarter" means a three-month period starting on July 1, October 1, January 1, and April 1, in fiscal year 2019.

 

Subd. 2.  Meetings.  (a) The senate chair of the committee with jurisdiction over transportation finance must convene the initial meeting of the committee by May 1, 2018.

 

(b) The chairs of the house of representatives and senate committees with jurisdiction over transportation finance serve as cochairs of the committee.

 

(c) The committee must meet, at a minimum, once each quarter.  The committee must review the report from the information technology auditor.

 

(d) The committee is subject to Minnesota Statutes, section 3.055, except that a member may vote by submitting a written statement indicating what recommendation the member makes, as provided in subdivision 5.  This written statement must be treated in the same manner as the votes of the members present at the meeting.  The notice must be submitted to all members prior to the start of the meeting where the vote will take place.

 

(e) The Legislative Coordinating Commission must provide meeting space and administrative services for the committee.

 

Subd. 3.  MNLARS Steering Committee.  (a) The committee is made up of the following members:

 

(1) the senate majority leader, or a senator appointed by the majority leader;

 

(2) the chair and ranking minority member of the senate committee with jurisdiction over transportation finance;

 

(3) the speaker of the house of representatives, or a member of the house of representatives appointed by the speaker; and


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7550

(4) the chair and ranking minority member of the house of representatives committee with jurisdiction over transportation finance.

 

Subd. 4.  Plans; timeline; performance measures; reports.  (a) By May 15, 2018, the commissioner of public safety and the state chief information officer must submit to the committee:

 

(1) a proposed progress timeline for the development and implementation of MNLARS that includes specific deadlines and performance measures that must be met quarterly;

 

(2) a plan for user acceptance testing, including metropolitan and out-state deputy registrars and auto dealers, to the extent such testing is deemed feasible by the Minnesota Deputy Registrar's Association and the Minnesota Automobile Dealer's Association;

 

(3) a plan for system stakeholder input on code releases to the MNLARS system;

 

(4) a proposed communications plan for transparent reporting on outages and slowdowns to system stakeholders, including how to provide timely information in a usable format, actions taken in response to communication, and responses from the Department of Public Safety and the Office of MN.IT Services;

 

(5) a proposed communications plan for postrelease reporting on features and fixes to system stakeholders; and

 

(6) a proposed plan for creating greater efficiencies and streamlining the vehicle title process to reduce the current backlog and to minimize any future backlogs.

 

(b) At a minimum, the performance measures required in the timeline must provide specific metrics to monitor MNLARS development and implementation activities, including measures of:

 

(1) the extent to which MNLARS defects have been resolved;

 

(2) the extent to which gaps in MNLARS functionality have been resolved;

 

(3) improvements in the ability of MNLARS users to edit transactions;

 

(4) reduction in the backlog of vehicle titles;

 

(5) the extent of errors in driver or vehicle transactions;

 

(6) system performance, including the extent of any slowdowns, outages, or other system performance issues; and

 

(7) customer service responsiveness, which may include the number of phone calls and e­mails from the general public and stakeholders, and the timeliness of inquiry responses.

 

(c) The committee must review the proposed timeline and plans.  The committee may request that the commissioner of public safety and the state chief information officer make changes to the timeline and plans.  By June 1, 2018, the committee must approve a timeline and plans.  The cochairs must transmit copies of the timeline and plans to the information technology auditor.

 

(d) Between 20 and 30 days before the start of each quarter, the commissioner of public safety and the state chief information officer must each submit a report to the committee on the progress of the performance measures identified in paragraph (b).  Between 20 and 30 days before the start of each quarter, the Minnesota Deputy Registrar's Association and the Minnesota Automobile Dealer's Association are each encouraged to submit a report to the committee on the progress of the relevant performance measures identified in paragraph (b).


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7551

Subd. 5.  Review of MNLARS appropriation.  (a) Funds appropriated to the Department of Public Safety for MNLARS are divided into four equal quarters.  The commissioner must allot a quarter of the funds on July 1, October 1, January 1, and April 1, unless directed otherwise by the committee as provided in this section.  Twenty days prior to the start of a quarter, the commissioner must submit the proposed funding allotment to the members of the committee for review and recommendation.  The commissioner of public safety and the state chief information officer must provide information to the committee to enable the committee members to determine whether the deadlines and performance measures have been met for the quarter.  The committee members have 20 days from the receipt of the proposal to determine whether the Department of Public Safety and the Office of MN.IT Services have met the deadlines and performance measures established in subdivision 4.  If no recommendation is made during the 20-day review period, the commissioner may allot the quarterly funds to the Department of Public Safety for MNLARS.  If a majority of the committee members make a negative recommendation based on the failure to meet deadlines or performance measures or recommend further review to determine whether deadlines and performance measures have been met during the 20-day review period, the committee may defer all future payments, slow the next allotment, or condition the next allotment.  Accordingly, the commissioner must defer, slow, or condition the quarterly funds to the Department of Public Safety for MNLARS.

 

(b) A committee member, by written notice to the commissioner, may withdraw a negative recommendation or a recommendation for further review within 20 days of making the recommendation.  If a majority of members make a negative recommendation or a recommendation for further review, but members subsequently withdraw recommendations under this paragraph so that three or fewer recommendations remain, the commissioner may allot the quarterly funds to the Department of Public Safety for MNLARS.

 

(c) If a quarterly allotment is not made pursuant to paragraph (a), the commissioner must allot to the Department of Public Safety an amount sufficient to fund an additional 30 days for contracted technical staff working on MNLARS.  If negative recommendations or recommendations for further review are withdrawn pursuant to paragraph (b) after the partial allotment is made under this paragraph, the commissioner must allot the remainder of the quarterly allotment.

 

Subd. 6.  Resubmission of proposal.  If a proposed allotment receives a negative recommendation or a recommendation for further review under subdivision 3, and all of the negative recommendations and recommendations for further review are not withdrawn, the commissioner may submit proposed legislation to the chairs of the house of representatives Ways and Means Committee and the senate Finance Committee for consideration during the 2019 legislative session.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and applies to any fiscal year 2019 appropriation for MNLARS in this act or any subsequent act.

 

Sec. 3.  APPROPRIATIONS.

 

(a) $9,650,000 in fiscal year 2018 is appropriated from the special revenue fund to the commissioner of public safety for contracted technical staff and technical costs related to the continued development and improvement of the Minnesota Licensing and Registration System (MNLARS).  Of this amount, $2,150,000 is from the vehicle services operating account and $7,500,000 is from the driver services operating account.  These are onetime appropriations.

 

The appropriation in this paragraph may be expended only for:

 

(1) contracts for the performance of software development on the vehicle services component of MNLARS; and

 

(2) technology costs.


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7552

The appropriation in this paragraph must not be spent on:

 

(1) additional full or part-time employees employed by the Department of Public Safety; or

 

(2) an audit, evaluation, or assessment of the feasibility of a proposed plan to resolve defects and implement all functionality conducted by the Department of Public Safety or the Office of MN.IT Services or an entity hired by the Department of Public Safety or the Office of MN.IT Services.

 

(b) $100,000 in fiscal year 2018 and $250,000 in fiscal year 2019 are appropriated to the Office of the Legislative Auditor from the vehicle services operating account in the special revenue fund for the information technology auditor position established in section 1.  This is a onetime appropriation.

 

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

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Hansen amendment and the roll was called.  There were 45 yeas and 80 nays as follows:

 

      Those who voted in the affirmative were:

 


Applebaum

Becker-Finn

Bernardy

Bly

Carlson, A.

Carlson, L.

Clark

Considine

Dehn, R.

Ecklund

Fischer

Freiberg

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Johnson, C.

Koegel

Kunesh-Podein

Lee

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Masin

Metsa

Murphy, E.

Murphy, M.

Nelson

Olson

Omar

Pinto

Pryor

Rosenthal

Sandstede

Sauke

Schultz

Slocum

Sundin

Wagenius

Ward

Youakim


 

      Those who voted in the negative were:

 


Albright

Anderson, P.

Anderson, S.

Anselmo

Backer

Bahr, C.

Baker

Barr, R.

Bennett

Bliss

Christensen

Daniels

Davids

Dean, M.

Dettmer

Drazkowski

Erickson

Fabian

Fenton

Franke

Franson

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Hamilton

Heintzeman

Hertaus

Hoppe

Howe

Jessup

Johnson, B.

Jurgens

Kiel

Knoblach

Koznick

Kresha

Layman

Lohmer

Loon

Loonan

Lucero

Lueck

Marquart

McDonald

Miller

Munson

Nash

Neu

Newberger

Nornes

O'Driscoll

O'Neill

Pelowski

Peppin

Petersburg

Peterson

Pierson

Poppe

Poston

Pugh

Quam

Rarick

Runbeck

Schomacker

Scott

Smith

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

West

Whelan

Wills

Zerwas

Spk. Daudt


 

 

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


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7553

S. F. No. 3133, A bill for an act relating to public safety; requiring the legislative auditor to appoint an information technology auditor to conduct an assessment of MNLARS; establishing a MNLARS steering committee; appropriating money.

 

 

      The bill was read for the third time, as amended, and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 98 yeas and 27 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson, P.

Anderson, S.

Anselmo

Applebaum

Backer

Bahr, C.

Baker

Barr, R.

Bennett

Bliss

Carlson, A.

Carlson, L.

Christensen

Clark

Considine

Daniels

Davids

Dean, M.

Dettmer

Drazkowski

Ecklund

Erickson

Fabian

Fenton

Franke

Franson

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Hamilton

Heintzeman

Hertaus

Hoppe

Hortman

Howe

Jessup

Johnson, B.

Johnson, C.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Layman

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Marquart

Maye Quade

McDonald

Miller

Munson

Nash

Nelson

Neu

Newberger

Nornes

O'Driscoll

O'Neill

Pelowski

Peppin

Petersburg

Peterson

Pierson

Poppe

Poston

Pryor

Pugh

Quam

Rarick

Runbeck

Sandstede

Sauke

Schomacker

Scott

Smith

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

West

Whelan

Wills

Zerwas

Spk. Daudt


 

      Those who voted in the negative were:

 


Becker-Finn

Bernardy

Bly

Fischer

Freiberg

Hansen

Hausman

Hilstrom

Hornstein

Kunesh-Podein

Lee

Lesch

Liebling

Masin

Metsa

Murphy, E.

Murphy, M.

Olson

Omar

Pinto

Rosenthal

Schultz

Slocum

Sundin

Wagenius

Ward

Youakim


 

 

      The bill was passed, as amended, and its title agreed to.

 

 

CALENDAR FOR THE DAY

 

 

      H. F. No. 1975, A bill for an act relating to municipal contracting; narrowing a bidding exception for certain water tank service contracts; amending Minnesota Statutes 2016, section 471.345, subdivision 5b.

 

 

      The bill was read for the third time and placed upon its final passage.


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7554

           The question was taken on the passage of the bill and the roll was called.  There were 125 yeas and 1 nay as follows:

 

      Those who voted in the affirmative were:

 


Albright

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

Daniels

Davids

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erickson

Fabian

Fenton

Fischer

Franke

Franson

Freiberg

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Hamilton

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Jessup

Johnson, B.

Johnson, C.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Marquart

Masin

Maye Quade

McDonald

Metsa

Miller

Munson

Murphy, E.

Murphy, M.

Nash

Nelson

Neu

Newberger

Nornes

O'Driscoll

Olson

Omar

O'Neill

Pelowski

Peppin

Petersburg

Peterson

Pierson

Pinto

Poppe

Poston

Pryor

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sandstede

Sauke

Schomacker

Schultz

Scott

Slocum

Smith

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Wagenius

West

Whelan

Wills

Youakim

Zerwas

Spk. Daudt


 

      Those who voted in the negative were:

 


Ward


 

 

      The bill was passed and its title agreed to.

 

 

      H. F. No. 2636, A bill for an act relating to local government; authorizing towns to appropriate funds to community food shelves; amending Minnesota Statutes 2016, section 465.039.

 

 

      The bill was read for the third time and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 115 yeas and 10 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson, P.

Anderson, S.

Anselmo

Applebaum

Backer

Baker

Barr, R.

Becker-Finn

Bennett

Bernardy

Bliss

Bly

Carlson, A.

Carlson, L.

Christensen

Clark

Considine

Daniels

Davids

Dehn, R.

Dettmer

Ecklund

Erickson

Fabian

Fenton

Fischer

Franke

Franson

Freiberg

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Hamilton

Hansen

Hausman

Hilstrom

Hoppe

Hornstein

Hortman

Jessup

Johnson, B.

Johnson, C.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Loeffler


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7555

Lohmer

Loon

Loonan

Lueck

Mahoney

Marquart

Masin

Maye Quade

McDonald

Metsa

Murphy, E.

Murphy, M.

Nash

Nelson

Neu

Newberger

Nornes

O'Driscoll

Olson

Omar

O'Neill

Pelowski

Peppin

Petersburg

Peterson

Pierson

Pinto

Poppe

Poston

Pryor

Quam

Rarick

Rosenthal

Sandstede

Sauke

Schomacker

Schultz

Scott

Slocum

Smith

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

West

Whelan

Wills

Youakim

Zerwas

Spk. Daudt


 

      Those who voted in the negative were:

 


Bahr, C.

Drazkowski

Heintzeman

Hertaus

Howe

Lucero

Miller

Munson

Pugh

Runbeck


 

 

      The bill was passed and its title agreed to.

 

 

      H. F. No. 3158, A bill for an act relating to commerce; modifying licensing requirements for mortgage loan originators; amending Minnesota Statutes 2016, sections 58A.07, subdivision 1; 58A.09, subdivision 1.

 

 

      The bill was read for the third time and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 126 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

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

Daniels

Davids

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erickson

Fabian

Fenton

Fischer

Franke

Franson

Freiberg

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Hamilton

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Jessup

Johnson, B.

Johnson, C.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Marquart

Masin

Maye Quade

McDonald

Metsa

Miller

Munson

Murphy, E.

Murphy, M.

Nash

Nelson

Neu

Newberger

Nornes

O'Driscoll

Olson

Omar

O'Neill

Pelowski

Peppin

Petersburg

Peterson

Pierson

Pinto

Poppe

Poston

Pryor

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sandstede

Sauke

Schomacker

Schultz

Scott

Slocum

Smith

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

West

Whelan

Wills

Youakim

Zerwas

Spk. Daudt


 

 

      The bill was passed and its title agreed to.


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7556

MOTIONS AND RESOLUTIONS

 

 

      Theis moved that the name of Dettmer be added as an author on H. F. No. 978.  The motion prevailed.

 

      Grossell moved that the name of Dettmer be added as an author on H. F. No. 1481.  The motion prevailed.

 

      Backer moved that the name of Petersburg be added as an author on H. F. No. 1550.  The motion prevailed.

 

      Moran moved that the name of Fabian be added as an author on H. F. No. 1591.  The motion prevailed.

 

      Lee moved that the name of Bernardy be added as an author on H. F. No. 1678.  The motion prevailed.

 

      Baker moved that the name of Bennett be added as an author on H. F. No. 1864.  The motion prevailed.

 

      Theis moved that the name of Scott be added as an author on H. F. No. 1932.  The motion prevailed.

 

      Albright moved that the name of Becker-Finn be added as an author on H. F. No. 1974.  The motion prevailed.

 

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

 

      Fenton moved that the name of Youakim be added as an author on H. F. No. 2508.  The motion prevailed.

 

      Scott moved that the name of Howe be added as an author on H. F. No. 2699.  The motion prevailed.

 

      Loon moved that the name of Scott be added as an author on H. F. No. 2795.  The motion prevailed.

 

      Swedzinski moved that the name of Heintzeman be added as an author on H. F. No. 2858.  The motion prevailed.

 

      Erickson moved that the name of Christensen be added as an author on H. F. No. 2859.  The motion prevailed.

 

      Lohmer moved that the names of Scott, Bennett and Backer be added as authors on H. F. No. 2967.  The motion prevailed.

 

      Anderson, S., moved that the names of Davids and Nash be added as authors on H. F. No. 2995.  The motion prevailed.

 

      Bliss moved that the name of Howe be added as an author on H. F. No. 3018.  The motion prevailed.

 

      Kiel moved that the name of Freiberg be added as an author on H. F. No. 3056.  The motion prevailed.

 

      Zerwas moved that the names of Ecklund, Lee and Dehn, R., be added as authors on H. F. No. 3057.  The motion prevailed.

 

      Layman moved that the name of Dettmer be added as an author on H. F. No. 3066.  The motion prevailed.

 

      Nornes moved that the name of Dettmer be added as an author on H. F. No. 3067.  The motion prevailed.

 

      Thissen moved that the name of Dehn, R., be added as an author on H. F. No. 3073.  The motion prevailed.


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7557

           Lohmer moved that the name of Dettmer be added as an author on H. F. No. 3094.  The motion prevailed.

 

      Gunther moved that the name of Petersburg be added as an author on H. F. No. 3098.  The motion prevailed.

 

      Wagenius moved that the name of Dehn, R., be added as an author on H. F. No. 3112.  The motion prevailed.

 

      Knoblach moved that the name of Dettmer be added as an author on H. F. No. 3160.  The motion prevailed.

 

      Zerwas moved that the name of Ecklund be added as an author on H. F. No. 3172.  The motion prevailed.

 

      Swedzinski moved that the name of Schultz be added as an author on H. F. No. 3183.  The motion prevailed.

 

      Schomacker moved that the names of Lee, Masin and West be added as authors on H. F. No. 3191.  The motion prevailed.

 

      Fenton moved that the name of Zerwas be added as an author on H. F. No. 3196.  The motion prevailed.

 

      Moran moved that the name of Flanagan be added as an author on H. F. No. 3246.  The motion prevailed.

 

      Davids moved that the name of Bennett be added as an author on H. F. No. 3249.  The motion prevailed.

 

      Bennett moved that the name of Applebaum be added as an author on H. F. No. 3281.  The motion prevailed.

 

      Loeffler moved that the name of Schultz be added as an author on H. F. No. 3307.  The motion prevailed.

 

      Kiel moved that the names of O'Driscoll, Fenton, Dettmer and Layman be added as authors on H. F. No. 3308.  The motion prevailed.

 

      Murphy, M., moved that the name of Schultz be added as an author on H. F. No. 3324.  The motion prevailed.

 

      Nash moved that the name of Freiberg be added as an author on H. F. No. 3343.  The motion prevailed.

 

      Zerwas moved that the name of Ecklund be added as an author on H. F. No. 3401.  The motion prevailed.

 

      Dettmer moved that the names of Murphy, M.; Sundin and Bahr, C., be added as authors on H. F. No. 3429.  The motion prevailed.

 

      Olson moved that the names of Poston and Masin be added as authors on H. F. No. 3468.  The motion prevailed.

 

      Dettmer moved that the name of Lillie be added as an author on H. F. No. 3475.  The motion prevailed.

 

      Lesch moved that the name of Lillie be added as an author on H. F. No. 3476.  The motion prevailed.

 

      Peterson moved that the name of Scott be added as chief author on H. F. No. 3486.  The motion prevailed.

 

      Anderson, P., moved that the name of Petersburg be added as an author on H. F. No. 3493.  The motion prevailed.

 

      Hamilton moved that the name of Lillie be added as an author on H. F. No. 3549.  The motion prevailed.

 

      Omar moved that the name of Johnson, C., be added as an author on H. F. No. 3580.  The motion prevailed.


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7558

           Peterson moved that the name of West be added as an author on H. F. No. 3587.  The motion prevailed.

 

      Koznick moved that the names of Mariani, Moran, Omar, Thissen, Poston and Slocum be added as authors on H. F. No. 3594.  The motion prevailed.

 

      Johnson, S., moved that the name of Olson be added as an author on H. F. No. 3620.  The motion prevailed.

 

      Lohmer moved that the name of Dettmer be added as an author on H. F. No. 3647.  The motion prevailed.

 

      Lesch moved that the name of Dehn, R., be added as an author on H. F. No. 3655.  The motion prevailed.

 

      Wagenius moved that the name of Dehn, R., be added as an author on H. F. No. 3658.  The motion prevailed.

 

      Fenton moved that the name of Ward be added as an author on H. F. No. 3660.  The motion prevailed.

 

      Johnson, S., moved that the name of Rosenthal be added as an author on H. F. No. 3672.  The motion prevailed.

 

      Erickson moved that the name of Scott be added as an author on H. F. No. 3707.  The motion prevailed.

 

      Jurgens moved that the names of Lohmer, Fenton and Ward be added as authors on H. F. No. 3709.  The motion prevailed.

 

      Hamilton moved that the name of Poppe be added as an author on H. F. No. 3719.  The motion prevailed.

 

      O'Neill moved that the name of Koznick be added as an author on H. F. No. 3726.  The motion prevailed.

 

      Haley moved that the name of Lillie be added as an author on H. F. No. 3748.  The motion prevailed.

 

      Hertaus moved that the name of Ecklund be added as an author on H. F. No. 3755.  The motion prevailed.

 

      West moved that the name of Lillie be added as an author on H. F. No. 3766.  The motion prevailed.

 

      Fabian moved that the name of Theis be added as an author on H. F. No. 3770.  The motion prevailed.

 

      Halverson moved that the name of Schultz be added as an author on H. F. No. 3791.  The motion prevailed.

 

      Koznick moved that the name of Youakim be added as an author on H. F. No. 3795.  The motion prevailed.

 

      Barr, R., moved that the names of Theis and Bennett be added as authors on H. F. No. 3810.  The motion prevailed.

 

      Knoblach moved that the name of Bliss be added as an author on H. F. No. 3817.  The motion prevailed.

 

      Scott moved that the name of West be added as an author on H. F. No. 3821.  The motion prevailed.

 

      Hansen moved that the names of Clark and Bly be added as authors on H. F. No. 3827.  The motion prevailed.

 

      Franke moved that the name of Clark be added as an author on H. F. No. 3829.  The motion prevailed.

 

      Hoppe moved that the name of Munson be added as an author on H. F. No. 3832.  The motion prevailed.


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7559

           O'Driscoll moved that the name of Nelson be added as an author on H. F. No. 3837.  The motion prevailed.

 

      Poston moved that the name of Miller be added as an author on H. F. No. 3840.  The motion prevailed.

 

      Moran moved that the name of Dehn, R., be added as an author on H. F. No. 3844.  The motion prevailed.

 

      Schomacker moved that the name of Pierson be added as an author on H. F. No. 3848.  The motion prevailed.

 

      Flanagan moved that the names of Moran and Jessup be added as authors on H. F. No. 3850.  The motion prevailed.

 

      Baker moved that the name of Clark be added as an author on H. F. No. 3855.  The motion prevailed.

 

      Kiel moved that the name of Theis be added as an author on H. F. No. 3857.  The motion prevailed.

 

      Lee moved that the name of Moran be added as an author on H. F. No. 3859.  The motion prevailed.

 

      Loon moved that the name of Bernardy be added as an author on H. F. No. 3861.  The motion prevailed.

 

      Clark moved that the name of Dehn, R., be added as an author on H. F. No. 3865.  The motion prevailed.

 

      Bernardy moved that the name of Kunesh-Podein be added as an author on H. F. No. 3866.  The motion prevailed.

 

      Bly moved that the name of Clark be added as an author on H. F. No. 3869.  The motion prevailed.

 

      Lee moved that the names of Moran and Lillie be added as authors on H. F. No. 3879.  The motion prevailed.

 

      Hortman moved that the names of Becker-Finn and Lillie be added as authors on H. F. No. 3880.  The motion prevailed.

 

      Christensen moved that the name of Poston be added as an author on H. F. No. 3885.  The motion prevailed.

 

      Howe moved that the name of Theis be added as an author on H. F. No. 3888.  The motion prevailed.

 

      Koznick moved that the name of Knoblach be added as an author on H. F. No. 3895.  The motion prevailed.

 

      Maye Quade moved that the name of Clark be added as an author on H. F. No. 3896.  The motion prevailed.

 

      Flanagan moved that the name of Moran be added as an author on H. F. No. 3897.  The motion prevailed.

 

      Swedzinski moved that the name of Poston be added as an author on H. F. No. 3918.  The motion prevailed.

 

      Uglem moved that the names of Sauke, Koegel, Lueck, Loonan, Rosenthal and Carlson, A., be added as authors on H. F. No. 3921.  The motion prevailed.

 

      Bernardy moved that the names of Howe, Lillie, Anselmo, Smith and Moran be added as authors on H. F. No. 3925.  The motion prevailed.

 

      Anselmo moved that the name of Lillie be added as an author on H. F. No. 3935.  The motion prevailed.


Journal of the House - 72nd Day - Monday, March 19, 2018 - Top of Page 7560

           Koegel moved that the names of Uglem; Runbeck; Scott; Bahr, C., and Whelan be added as authors on H. F. No. 3936.  The motion prevailed.

 

      Franke moved that the name of Koznick be added as an author on H. F. No. 3947.  The motion prevailed.

 

      Howe moved that H. F. No. 1007 be recalled from the Committee on Government Operations and Elections Policy and be re-referred to the Committee on Civil Law and Data Practices Policy.  The motion prevailed.

 

      Quam moved that H. F. No. 3292 be recalled from the Committee on Health and Human Services Reform and be re-referred to the Committee on Taxes.  The motion prevailed.

 

      Pinto moved that H. F. No. 3574 be recalled from the Committee on Health and Human Services Reform and be re-referred to the Committee on Health and Human Services Finance.  The motion prevailed.

 

 

Senate Concurrent Resolution No. 10 was reported to the House.

 

 

SENATE CONCURRENT RESOLUTION NO. 10

 

A Senate concurrent resolution relating to adjournment for more than three days.

 

Be It Resolved by the Senate of the State of Minnesota, the House of Representatives concurring:

 

1.  Upon their adjournments on Thursday, March 29, 2018, the Senate and House of Representatives may each set its next day of meeting for Monday, April 9, 2018.

 

2.  Each house consents to adjournment of the other house for more than three days.

 

 

Peppin moved that Senate Concurrent Resolution No. 10 be now adopted.  The motion prevailed and Senate Concurrent Resolution No. 10 was adopted.

 

 

ADJOURNMENT

 

      Peppin moved that when the House adjourns today it adjourn until 12:00 noon, Wednesday, March 21, 2018.  The motion prevailed.

 

      Peppin moved that the House adjourn.  The motion prevailed, and Speaker pro tempore Albright declared the House stands adjourned until 12:00 noon, Wednesday, March 21, 2018.

 

 

Patrick D. Murphy, Chief Clerk, House of Representatives