Journal of the House - 45th Day - Thursday, April 20, 2017 - Top of Page 4361

STATE OF MINNESOTA

 

Journal of the House

 

NINETIETH SESSION - 2017

 

_____________________

 

FORTY-FIFTH DAY

 

Saint Paul, Minnesota, Thursday, April 20, 2017

 

 

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

 

      Prayer was offered by the Reverend Joe Lees, Assistant to the Bishop, Saint Paul Area Synod, Evangelical Lutheran Church of America, St. Paul, Minnesota.

 

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

 

      The roll was called and the following members were present:

 


Albright

Allen

Anderson, P.

Anderson, S.

Anselmo

Applebaum

Backer

Bahr, C.

Baker

Barr, R.

Becker-Finn

Bennett

Bernardy

Bliss

Bly

Carlson, A.

Carlson, L.

Christensen

Considine

Cornish

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Ecklund

Erickson

Fabian

Fenton

Fischer

Flanagan

Franke

Franson

Freiberg

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Jessup

Johnson, B.

Johnson, C.

Johnson, S.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Marquart

Masin

Maye Quade

McDonald

Miller

Moran

Murphy, E.

Murphy, M.

Nash

Nelson

Neu

Newberger

Nornes

O'Driscoll

Olson

Omar

O'Neill

Pelowski

Peppin

Petersburg

Peterson

Pierson

Pinto

Poppe

Poston

Pryor

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sandstede

Sauke

Schomacker

Schultz

Scott

Slocum

Smith

Sundin

Swedzinski

Theis

Thissen

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

West

Whelan

Wills

Youakim

Zerwas

Spk. Daudt


 

      A quorum was present.

 

      Clark, Drazkowski, Garofalo and Mariani were excused.

 

      Metsa was excused until 10:55 a.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 - 45th Day - Thursday, April 20, 2017 - Top of Page 4362

REPORTS OF CHIEF CLERK

 

      S. F. No. 341 and H. F. No. 559, which had been referred to the Chief Clerk for comparison, were examined and found to be not identical.

 

      Franson moved that S. F. No. 341 be substituted for H. F. No. 559 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 444 and H. F. No. 68, which had been referred to the Chief Clerk for comparison, were examined and found to be not identical.

 

      Hoppe moved that S. F. No. 444 be substituted for H. F. No. 68 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 1135 and H. F. No. 1147, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

      Bernardy moved that S. F. No. 1135 be substituted for H. F. No. 1147 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 1616 and H. F. No. 1619, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

      Schomacker moved that S. F. No. 1616 be substituted for H. F. No. 1619 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

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

 

H. F. No. 745, A bill for an act relating to transportation; designating the bridge over U.S. Highway 52 in the city of Coates as Corporal Benjamin S. Kopp Bridge; amending Minnesota Statutes 2016, section 161.14, by adding a subdivision.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 812, A bill for an act relating to health; requiring licensure of certain facilities that perform abortions; requiring a licensing fee; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 145.

 

Reported the same back with the following amendments:


Journal of the House - 45th Day - Thursday, April 20, 2017 - Top of Page 4363

Delete everything after the enacting clause and insert:

 

"Section 1.  [145.4161] LICENSURE OF ABORTION FACILITIES.

 

Subdivision 1.  Definitions.  (a) For purposes of this section, the following definitions apply.

 

(b) "Abortion facility" means a clinic, health center, or other facility in which the pregnancies of ten or more women known to be pregnant are willfully terminated or aborted each month.  A facility licensed as a hospital or as an outpatient surgical center, pursuant to sections 144.50 to 144.56, shall not be considered an abortion facility.

 

(c) "Accrediting or membership organization" means a national organization that establishes evidence-based clinical standards for abortion care and accredits abortion facilities or accepts as members abortion facilities following an application and inspection process.

 

(d) "Commissioner" means the commissioner of health.

 

Subd. 2.  License required.  (a) Beginning July 1, 2018, no abortion facility shall be established, operated, or maintained in the state without first obtaining a license from the commissioner according to this section.

 

(b) A license issued under this section is not transferable or assignable and is subject to suspension or revocation at any time for failure to comply with this section.

 

(c) If a single entity maintains abortion facilities on different premises, each facility must obtain a separate license.

 

(d) To be eligible for licensure under this section, an abortion facility must be accredited or a member of an accrediting or membership organization or must obtain accreditation or membership within six months of the date of the application for licensure.  If the abortion facility loses its accreditation or membership, the abortion facility must immediately notify the commissioner.

 

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

 

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

 

Subd. 3.  Temporary license.  For new abortion facilities planning to begin operations after July 1, 2018, the commissioner may issue a temporary license to the abortion facility that is valid for a period of six months from the date of issuance.  The abortion facility must submit to the commissioner an application and applicable fee for licensure as required under subdivisions 4 and 7.  The application must include the information required under subdivision 4, clauses (1), (2), (3), (5), and (6), and provide documentation that the abortion facility has submitted the application for accreditation or membership from an accrediting or membership organization.  Upon receipt of accreditation or membership verification, the abortion facility must submit to the commissioner the information required in subdivision 4, clause (4), and the applicable fee under subdivision 7.  The commissioner shall then issue a new license.

 

Subd. 4.  Application.  An application for a license to operate an abortion facility and the applicable fee under subdivision 7 must be submitted to the commissioner on a form provided by the commissioner and must contain:

 

(1) the name of the applicant;


Journal of the House - 45th Day - Thursday, April 20, 2017 - Top of Page 4364

(2) the site location of the abortion facility;

 

(3) the name of the person in charge of the facility;

 

(4) documentation that the abortion facility is accredited or an approved member of an accrediting or membership organization, including the effective date and the expiration date of the accreditation or membership, and the date of the last site visit by the accrediting or membership organization;

 

(5) the names and license numbers, if applicable, of the health care professionals on staff at the abortion facility; and

 

(6) any other information the commissioner deems necessary.

 

Subd. 5.  Inspections.  Prior to initial licensure and at least once every two years thereafter, the commissioner shall perform a routine and comprehensive inspection of each abortion facility.  Facilities shall be open at all reasonable times to an inspection authorized in writing by the commissioner.  No notice need be given to any person prior to an inspection authorized by the commissioner.

 

Subd. 6.  Suspension, revocation, and refusal to renew.  The commissioner may refuse to grant or renew, or may suspend or revoke, a license on any of the grounds described under section 144.55, subdivision 6, paragraph (a), clause (2), (3), or (4), or upon the loss of accreditation or membership as described in subdivision 4, clause (4).  The applicant or licensee is entitled to notice and a hearing as described under section 144.55, subdivision 7, and a new license may be issued after proper inspection of an abortion facility has been conducted.

 

Subd. 7.  Fees.  (a) The biennial license fee for abortion facilities is $345.

 

(b) The temporary license fee is $345.

 

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

 

Subd. 8.  Renewal.  (a) A license issued under this section expires two years from the date of issue.

 

(b) A temporary license issued under this section expires six months from the date of issue and may be renewed for one additional six-month period.

 

Subd. 9.  Records.  All health records maintained on each client by an abortion facility are subject to sections 144.292 to 144.298.

 

Subd. 10.  Severability.  If any one or more provision, section, subdivision, sentence, clause, phrase, or word of this section or the application of it to any person or circumstance is found to be unconstitutional, it is declared to be severable and the balance of this section shall remain effective notwithstanding such unconstitutionality.  The legislature intends that it would have passed this section, and each provision, section, subdivision, sentence, clause, phrase, or word, regardless of the fact that any one provision, section, subdivision, sentence, clause, phrase, or word is declared unconstitutional.

 

Sec. 2.  APPROPRIATION.

 

$34,000 in fiscal year 2018 and $34,000 in fiscal year 2019 are appropriated from the state government special revenue fund to the commissioner of health for licensing activities under Minnesota Statutes, section 145.4161."


Journal of the House - 45th Day - Thursday, April 20, 2017 - Top of Page 4365

Amend the title as follows:

 

Page 1, line 2, delete "certain" and insert "abortion" and delete "that perform abortions"

 

 

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

 

      The report was adopted.

 

 

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

 

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

 

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

 

      The report was adopted.

 

SECOND READING OF HOUSE BILLS

 

 

      H. F. Nos. 745, 812 and 859 were read for the second time.

 

 

SECOND READING OF SENATE BILLS

 

 

      S. F. Nos. 341, 444, 1135 and 1616 were read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

Hansen introduced:

 

H. F. No. 2597, A bill for an act relating to transportation; establishing a special license plate for veterans who served as multinational peacekeepers in Beirut, Lebanon; amending Minnesota Statutes 2016, section 168.123, subdivision 2.

 

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


Journal of the House - 45th Day - Thursday, April 20, 2017 - Top of Page 4366

Cornish introduced:

 

H. F. No. 2598, A bill for an act relating to state government; ratifying the Minnesota Government Engineering Council arbitration award and labor agreement.

 

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

 

 

Hausman, Bly, Considine and Davids introduced:

 

H. F. No. 2599, A bill for an act relating to capital investment; authorizing spending to acquire and better public land and buildings and other improvements of a capital nature with certain conditions; modifying previous appropriations; establishing new programs and modifying existing programs; authorizing the sale and issuance of state bonds; appropriating money; amending Minnesota Statutes 2016, sections 16A.967; 84.946, subdivision 2; 85.34, subdivision 1; 363A.36; 363A.44, subdivision 1; 446A.072; 446A.073; 446A.081, subdivision 9; 446A.12, subdivision 1; 462A.37, subdivisions 1, 2, 2a, 2b, 5, by adding a subdivision; Laws 2014, chapter 294, article 1, section 17, subdivision 12; Laws 2015, First Special Session chapter 5, article 1, section 10, subdivision 7; proposing coding for new law in Minnesota Statutes, chapter 219; repealing Minnesota Statutes 2016, section 123A.446.

 

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

 

 

Mariani, Omar, Kunesh-Podein, Allen, Davnie, Maye Quade, Thissen, Bly and Flanagan introduced:

 

H. F. No. 2600, A resolution memorializing the United States Environmental Protection Agency to reinstate plans to revoke all food tolerances and cancel all registrations of chlorpyrifos, a neurotoxic pesticide.

 

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

 

 

Lien introduced:

 

H. F. No. 2601, A bill for an act relating to guardians; amending the background study requirements for parents of proposed wards; amending Minnesota Statutes 2016, section 524.5-118, subdivision 1.

 

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

 

 

Runbeck, Petersburg, West, Koznick and Scott introduced:

 

H. F. No. 2602, A bill for an act relating to transportation; establishing various requirements for the Metropolitan Council's transportation policy plan; prioritizing bus system improvements; appropriating money; amending Minnesota Statutes 2016, section 473.146, by adding subdivisions.

 

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


Journal of the House - 45th Day - Thursday, April 20, 2017 - Top of Page 4367

Mahoney introduced:

 

H. F. No. 2603, A bill for an act relating to family law; modifying application of best interest standards; amending Minnesota Statutes 2016, section 518.17, subdivision 1.

 

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

 

 

O'Driscoll and Sundin introduced:

 

H. F. No. 2604, A bill for an act relating to retirement; authorizing the transfer of assets and members from the voluntary statewide volunteer firefighter retirement plan to a volunteer firefighter relief association; amending Minnesota Statutes 2016, sections 353G.01, subdivision 9, by adding a subdivision; 353G.03, subdivision 3; 353G.08, subdivision 3; 353G.11, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 353G.

 

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

 

 

Hausman introduced:

 

H. F. No. 2605, A bill for an act relating to transportation; increasing transit ridership; requiring Metropolitan Council and greater Minnesota transit systems to reduce transit fares to 25 cents; appropriating money.

 

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

 

 

Hertaus introduced:

 

H. F. No. 2606, A bill for an act relating to telecommunications; data privacy; prohibiting collection of personal information without customer's express written approval; proposing coding for new law in Minnesota Statutes, chapter 237.

 

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

 

 

Barr, R., introduced:

 

H. F. No. 2607, A bill for an act relating to economic development; appropriating money for wastewater infrastructure.

 

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

 

 

Koznick introduced:

 

H. F. No. 2608, A bill for an act relating to disabled veterans; providing grants through the Support Our Troops account for disability access home improvements; amending Minnesota Statutes 2016, section 190.19, subdivision 2a.

 

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


Journal of the House - 45th Day - Thursday, April 20, 2017 - Top of Page 4368

Hamilton introduced:

 

H. F. No. 2609, A bill for an act relating to education; requiring the Minnesota State High School League to exempt foreign exchange students from the transfer ban on varsity competition; providing for rulemaking; amending Minnesota Statutes 2016, section 128C.02, subdivision 5.

 

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

 

 

MESSAGES FROM THE SENATE

 

 

      The following message was received from the Senate:

 

 

Mr. Speaker:

 

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

 

      S. F. Nos. 870 and 1020.

 

Cal R. Ludeman, Secretary of the Senate

 

 

FIRST READING OF SENATE BILLS

 

 

S. F. No. 870, A bill for an act relating to local government; authorizing cities to spend money on National Night Out and events that foster positive relationships between law enforcement and the community; authorizing fundraising for these purposes; proposing coding for new law in Minnesota Statutes, chapter 471.

 

The bill was read for the first time. 

 

Howe moved that S. F. No. 870 and H. F. No. 1101, now on the General Register, be referred to the Chief Clerk for comparison.  The motion prevailed.

 

 

S. F. No. 1020, A bill for an act relating to local government; eliminating the cap on spending for purchase of awards and trophies; amending Minnesota Statutes 2016, section 471.15.

 

The bill was read for the first time. 

 

Christensen moved that S. F. No. 1020 and H. F. No. 1345, now on the General Register, be referred to the Chief Clerk for comparison.  The motion prevailed.

 

 

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

 

 

RECESS

 

 

RECONVENED

 

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


Journal of the House - 45th Day - Thursday, April 20, 2017 - Top of Page 4369

CALENDAR FOR THE DAY

 

 

      H. F. No. 593 was reported to the House.

 

 

O'Driscoll moved to amend H. F. No. 593, the first engrossment, as follows:

 

Page 3, line 18, delete "August" and insert "July"

 

 

      The motion prevailed and the amendment was adopted.

 

 

      H. F. No. 593, A bill for an act relating to real estate appraisers; changing requirements relating to investigations, background checks, and disciplinary actions; amending Minnesota Statutes 2016, sections 13.411, by adding a subdivision; 82B.08, subdivision 2a; 82B.20, by adding a subdivision; 82B.24, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 82B.

 

 

      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 130 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, P.

Anderson, S.

Anselmo

Applebaum

Backer

Bahr, C.

Baker

Barr, R.

Becker-Finn

Bennett

Bernardy

Bliss

Bly

Carlson, A.

Carlson, L.

Christensen

Considine

Cornish

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Ecklund

Erickson

Fabian

Fenton

Fischer

Flanagan

Franke

Franson

Freiberg

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Jessup

Johnson, B.

Johnson, C.

Johnson, S.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Marquart

Masin

Maye Quade

McDonald

Metsa

Miller

Moran

Murphy, E.

Murphy, M.

Nash

Nelson

Neu

Newberger

Nornes

O'Driscoll

Olson

Omar

O'Neill

Pelowski

Peppin

Petersburg

Peterson

Pierson

Pinto

Poppe

Poston

Pryor

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sandstede

Sauke

Schomacker

Schultz

Scott

Slocum

Smith

Sundin

Swedzinski

Theis

Thissen

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

West

Whelan

Wills

Youakim

Zerwas

Spk. Daudt


 

 

      The bill was passed, as amended, and its title agreed to.


Journal of the House - 45th Day - Thursday, April 20, 2017 - Top of Page 4370

           H. F. No. 676 was reported to the House.

 

 

Davids moved to amend H. F. No. 676 as follows:

 

Page 1, line 14, after "cancel" insert "or discontinue"

 

Page 1, line 15, before the period, insert "and without any cancellation or discontinuance penalty.  The commercial application company must provide annual written notice to the customer of the customer's ability to cancel or discontinue the agreement at any time"

 

Page 1, line 16, after "cancel" insert "or discontinue"

 

 

      The motion prevailed and the amendment was adopted.

 

 

      H. F. No. 676, A bill for an act relating to commerce; regulating landscape application contracts; providing an exclusion; amending Minnesota Statutes 2016, section 325F.245, subdivision 6.

 

 

      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 129 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, P.

Anderson, S.

Anselmo

Applebaum

Backer

Bahr, C.

Baker

Barr, R.

Becker-Finn

Bennett

Bernardy

Bliss

Bly

Carlson, A.

Carlson, L.

Christensen

Considine

Cornish

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Ecklund

Erickson

Fabian

Fenton

Fischer

Flanagan

Franke

Franson

Freiberg

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Jessup

Johnson, B.

Johnson, C.

Johnson, S.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Marquart

Masin

Maye Quade

McDonald

Metsa

Miller

Moran

Murphy, E.

Murphy, M.

Nash

Nelson

Neu

Newberger

Nornes

O'Driscoll

Olson

Omar

O'Neill

Pelowski

Peppin

Petersburg

Peterson

Pierson

Pinto

Poppe

Poston

Pryor

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sandstede

Sauke

Schomacker

Schultz

Scott

Slocum

Smith

Sundin

Swedzinski

Theis

Thissen

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

West

Whelan

Wills

Youakim

Zerwas

Spk. Daudt


 

 

      The bill was passed, as amended, and its title agreed to.


Journal of the House - 45th Day - Thursday, April 20, 2017 - Top of Page 4371

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

 

 

      The bill was read for the 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 129 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, P.

Anderson, S.

Anselmo

Applebaum

Backer

Bahr, C.

Baker

Barr, R.

Becker-Finn

Bennett

Bernardy

Bliss

Bly

Carlson, A.

Carlson, L.

Christensen

Considine

Cornish

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Ecklund

Erickson

Fabian

Fenton

Fischer

Flanagan

Franke

Franson

Freiberg

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Jessup

Johnson, B.

Johnson, C.

Johnson, S.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Marquart

Masin

Maye Quade

McDonald

Metsa

Miller

Moran

Murphy, E.

Murphy, M.

Nash

Nelson

Neu

Newberger

Nornes

O'Driscoll

Olson

Omar

O'Neill

Pelowski

Peppin

Petersburg

Peterson

Pierson

Pinto

Poppe

Poston

Pryor

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sandstede

Sauke

Schomacker

Schultz

Scott

Slocum

Smith

Sundin

Swedzinski

Theis

Thissen

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

West

Whelan

Wills

Youakim

Zerwas

Spk. Daudt


 

 

      The bill was passed and its title agreed to.

 

 

      The Speaker called Albright to the Chair.

 

 

      H. F. No. 1397 was reported to the House.

 

 

Hoppe moved to amend H. F. No. 1397 as follows:

 

Page 1, after line 13, insert:

 

"(c) Conviction of a crime in violation of section 609.714 is not necessary for any court of competent jurisdiction to determine by a preponderance of evidence whether a terrorist act has occurred for the purpose of this section."

 

 

      The motion prevailed and the amendment was adopted.


Journal of the House - 45th Day - Thursday, April 20, 2017 - Top of Page 4372

           H. F. No. 1397, A bill for an act relating to life insurance; limitation on payments to beneficiaries of persons furthering terrorism; amending Minnesota Statutes 2016, section 61A.09, by adding a subdivision.

 

 

      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 127 yeas and 2 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, P.

Anderson, S.

Anselmo

Applebaum

Backer

Bahr, C.

Baker

Barr, R.

Becker-Finn

Bennett

Bernardy

Bliss

Bly

Carlson, A.

Carlson, L.

Christensen

Considine

Cornish

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Ecklund

Erickson

Fabian

Fenton

Fischer

Flanagan

Franke

Franson

Freiberg

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Jessup

Johnson, B.

Johnson, C.

Johnson, S.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Marquart

Masin

Maye Quade

McDonald

Metsa

Miller

Moran

Murphy, E.

Murphy, M.

Nash

Nelson

Neu

Newberger

Nornes

O'Driscoll

Olson

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

Thissen

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

West

Whelan

Wills

Youakim

Zerwas

Spk. Daudt


 

      Those who voted in the negative were:

 


Lesch

Omar


 

 

      The bill was passed, as amended, and its title agreed to.

 

 

      H. F. No. 1477, A bill for an act relating to credit unions; regulating meetings; amending Minnesota Statutes 2016, section 52.07.

 

 

      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 130 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, P.

Anderson, S.

Anselmo

Applebaum

Backer

Bahr, C.

Baker

Barr, R.

Becker-Finn

Bennett

Bernardy

Bliss

Bly

Carlson, A.

Carlson, L.

Christensen


Journal of the House - 45th Day - Thursday, April 20, 2017 - Top of Page 4373

Considine

Cornish

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Ecklund

Erickson

Fabian

Fenton

Fischer

Flanagan

Franke

Franson

Freiberg

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Jessup

Johnson, B.

Johnson, C.

Johnson, S.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Marquart

Masin

Maye Quade

McDonald

Metsa

Miller

Moran

Murphy, E.

Murphy, M.

Nash

Nelson

Neu

Newberger

Nornes

O'Driscoll

Olson

Omar

O'Neill

Pelowski

Peppin

Petersburg

Peterson

Pierson

Pinto

Poppe

Poston

Pryor

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sandstede

Sauke

Schomacker

Schultz

Scott

Slocum

Smith

Sundin

Swedzinski

Theis

Thissen

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

West

Whelan

Wills

Youakim

Zerwas

Spk. Daudt


 

 

      The bill was passed and its title agreed to.

 

 

      H. F. No. 1732 was reported to the House.

 

 

Hoppe moved to amend H. F. No. 1732, the first engrossment, as follows:

 

Page 4, line 16, before the semicolon, insert ", except as otherwise provided by paragraph (f) as it applies to data derived from market analysis"

 

Page 5, line 14, delete "their" and insert "its"

 

Page 5, line 17, delete "specific"

 

Page 5, line 25, after "examination" insert a semicolon

 

Page 5, delete line 26

 

Page 6, line 13, delete "business"

 

Page 7, line 6, after "or" insert "section 60A.033, subdivision"

 

Page 7, line 10, delete "business"

 

Page 7, line 12, delete "12" and insert "18"

 

Page 7, line 14, before "there" insert "the commissioner determines that" and delete "or"

 

Page 7, after line 14, insert:

 

"(2) the examination is a multistate examination; or"


Journal of the House - 45th Day - Thursday, April 20, 2017 - Top of Page 4374

Renumber the clauses in sequence

 

Page 7, line 15, delete "can show" and insert "determines"

 

Page 7, line 16, before the period, insert "and the commissioner notifies the insurance company in writing of the reasons why the examination requires additional time"

 

Page 7, delete subdivision 10 and insert:

 

"Subd. 10.  Hearing; procedure; judicial review.  (a) An insurance company aggrieved by any decision or action of the commissioner under this section as it relates to market analysis, may, within 21 days after that decision or action, make a written request to the commissioner for a hearing to determine whether the decision or action complies with the requirements of this section.  The commissioner shall hear the party or parties within 21 days after receipt of the request and shall give not less than ten days' written notice of the time and place of the hearing.  Within 15 days after hearing the commissioner shall affirm, reverse, or modify the previous action and specify the reasons for that decision or action in writing.  The effective date of the commissioner's action or decision may be suspended or postponed pending the completion of the hearing before the commissioner.

 

(b) Nothing contained in this section requires the observance at any hearing of formal rules of pleading or evidence.

 

(c) An order or decision of the commissioner is a final decision subject to appeal in accordance with chapter 14.

 

(d) Time used to complete a hearing and appeal under this section must not be counted toward the timeframe for completion of an examination under section 60A.033, subdivision 9."

 

 

      The motion prevailed and the amendment was adopted.

 

 

      H. F. No. 1732, A bill for an act relating to insurance; examinations by the commissioner of commerce; amending Minnesota Statutes 2016, section 60A.031, subdivisions 4, 6; proposing coding for new law in Minnesota Statutes, chapter 60A.

 

 

      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 130 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, P.

Anderson, S.

Anselmo

Applebaum

Backer

Bahr, C.

Baker

Barr, R.

Becker-Finn

Bennett

Bernardy

Bliss

Bly

Carlson, A.

Carlson, L.

Christensen

Considine

Cornish

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Ecklund

Erickson

Fabian

Fenton

Fischer

Flanagan

Franke

Franson

Freiberg

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Jessup

Johnson, B.

Johnson, C.

Johnson, S.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling


Journal of the House - 45th Day - Thursday, April 20, 2017 - Top of Page 4375

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Marquart

Masin

Maye Quade

McDonald

Metsa

Miller

Moran

Murphy, E.

Murphy, M.

Nash

Nelson

Neu

Newberger

Nornes

O'Driscoll

Olson

Omar

O'Neill

Pelowski

Peppin

Petersburg

Peterson

Pierson

Pinto

Poppe

Poston

Pryor

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sandstede

Sauke

Schomacker

Schultz

Scott

Slocum

Smith

Sundin

Swedzinski

Theis

Thissen

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

West

Whelan

Wills

Youakim

Zerwas

Spk. Daudt


 

 

      The bill was passed, as amended, and its title agreed to.

 

 

REPORT FROM THE COMMITTEE ON RULES

AND LEGISLATIVE ADMINISTRATION

 

      Peppin from the Committee on Rules and Legislative Administration, pursuant to rules 1.21 and 3.33, designated the following bills to be placed on the Calendar for the Day for Monday, April 24, 2017 and established a prefiling requirement for amendments offered to the following bills:

 

      H. F. Nos. 809, 812 and 1712; and S. F. Nos. 341 and 562.

 

 

MOTIONS AND RESOLUTIONS

 

 

      Davids moved that the name of Poppe be added as an author on H. F. No. 79.  The motion prevailed.

 

      Hilstrom moved that the name of Moran be added as an author on H. F. No. 911.  The motion prevailed.

 

      Franson moved that the name of Garofalo be added as an author on H. F. No. 1124.  The motion prevailed.

 

      Baker moved that the name of Poston be added as an author on H. F. No. 1618.  The motion prevailed.

 

      Kunesh-Podein moved that the name of Daudt be added as an author on H. F. No. 2470.  The motion prevailed.

 

      Hornstein moved that the name of Uglem be added as an author on H. F. No. 2510.  The motion prevailed.

 

      Omar moved that the name of Knoblach be added as an author on H. F. No. 2558.  The motion prevailed.

 

      Anderson, P., moved that the name of Johnson, B., be added as an author on H. F. No. 2595.  The motion prevailed.

 

      Bly moved that the names of Masin and Hausman be added as authors on H. F. No. 2596.  The motion prevailed.


Journal of the House - 45th Day - Thursday, April 20, 2017 - Top of Page 4376

ADJOURNMENT

 

      Peppin moved that when the House adjourns today it adjourn until 3:30 p.m., Monday, April 24, 2017.  The motion prevailed.

 

      Peppin moved that the House adjourn.  The motion prevailed, and Speaker pro tempore Albright declared the House stands adjourned until 3:30 p.m., Monday, April 24, 2017.

 

 

Patrick D. Murphy, Chief Clerk, House of Representatives