Journal of the House - 53rd Day - Thursday, May 11, 2017 - Top of Page 5691

STATE OF MINNESOTA

 

Journal of the House

 

NINETIETH SESSION - 2017

 

_____________________

 

FIFTY-THIRD DAY

 

Saint Paul, Minnesota, Thursday, May 11, 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 Mark Peske, Our Redeemer Lutheran Church, Cohasset, Minnesota.

 

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

 

The roll was called and the following members were present:

 


Albright

Allen

Anderson, P.

Anderson, S.

Anselmo

Applebaum

Backer

Bahr, C.

Baker

Barr, R.

Becker-Finn

Bennett

Bernardy

Bliss

Bly

Carlson, A.

Carlson, L.

Christensen

Clark

Considine

Cornish

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erickson

Fenton

Fischer

Flanagan

Franke

Franson

Freiberg

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Jessup

Johnson, B.

Johnson, C.

Johnson, S.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Marquart

Masin

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

Sundin

Swedzinski

Theis

Thissen

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

West

Whelan

Wills

Youakim

Zerwas

Spk. Daudt


 

A quorum was present.

 

Fabian, Maye Quade, McDonald and Smith were excused.

 

Lesch and Mariani were excused until 3:15 p.m. Omar was excused until 3:35 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 - 53rd Day - Thursday, May 11, 2017 - Top of Page 5692

PETITIONS AND COMMUNICATIONS

 

 

The following communications were received:

 

 

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

 

May 10, 2017

 

The Honorable Kurt Daudt

Speaker of the House of Representatives

The State of Minnesota

 

Dear Speaker Daudt:

 

I have vetoed and am returning H. F. No. 809, Chapter No. 31.

 

House File 809 infringes upon women's basic right to health and safety a right of every woman, regardless of the type of health insurance she has. The law already states that state funding may only be used for abortions in cases of rape or incest, for health or therapeutic reasons, and when a woman's life is in danger. This bill would interfere with critical medical decisions that should be made between a woman and her doctor.

 

All women deserve to be healthy and safe. I will not approve a bill that infringes upon Minnesotans' Constitutionally-protected rights, discriminates against women because of their socioeconomic status, or does not protect their health and safety.

 

 

Sincerely,

 

Mark Dayton

Governor

 

 

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

 

May 10, 2017

 

The Honorable Kurt Daudt

Speaker of the House of Representatives

The State of Minnesota

 

Dear Speaker Daudt:

 

I have vetoed and am returning H. F. No. 812, Chapter No. 33, a bill which would impose licensure requirements only upon facilities performing abortions.


Journal of the House - 53rd Day - Thursday, May 11, 2017 - Top of Page 5693

This bill would impose new requirements on clinics that perform ten or more abortions per month. The licensure criteria in the bill are overly broad and unnecessary. Its supporters cite lack of statutory authority for the Minnesota Department of Health (MDH) to regulate or license clinics. However, MDH believes that current professional licensing standards provide sufficient oversight to protect the health and safety of Minnesotans.

 

Furthermore, the licensure application process outlined in the bill requires MDH to collect information about clinic workers, but fails to protect the privacy of those workers. This requirement appears to target health professionals who provide abortion services.

 

Health care research, findings, and conclusions are best left to experts, who are trained to make medical, not political, decisions, and who are in the best position to protect a woman's health.

 

Our place is not between a woman and her doctor.

 

 

Sincerely,

 

Mark Dayton

Governor

 

 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

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

 

H. F. No. 1415, A bill for an act relating to commerce; authorizing and regulating fantasy sports; appropriating money; amending Minnesota Statutes 2016, sections 541.20; 541.21; 609.761, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 325F.

 

Reported the same back with the following amendments:

 

Page 4, line 6, delete "$500" and insert "$1,500"

 

Page 4, line 10, delete everything after the comma

 

Page 4, delete lines 11 to 23 and insert "the commissioner of public safety may conduct a criminal history records check of an officer, director, or stakeholder with more than 15 percent interest in the operator. The commissioner may charge a fee that covers the cost of the fingerprint recording and review along with the fees for the records checks at the Bureau of Criminal Apprehension, the Alcohol and Gambling Enforcement Division, and Federal Bureau of Investigation. The check must consist of a criminal history check of the state criminal records repository and a national criminal history records check. The commissioner shall accept the signed informed consent for the national criminal history records check request, the fingerprints of the applicant, and the fees. The commissioner shall submit the signed informed consent, fingerprints, and Bureau of Criminal Apprehension and Federal Bureau of Investigation fees to the superintendent of the Bureau of Criminal Apprehension who is authorized to exchange the fingerprints with the Federal Bureau of Investigation to obtain the applicant's national


Journal of the House - 53rd Day - Thursday, May 11, 2017 - Top of Page 5694

criminal history record information. The superintendent will also retrieve Minnesota criminal history data and will provide the results of both checks to the commissioner for a determination whether the officer, director, or stakeholder is disqualified."

 

 

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. 2621, A bill for an act relating to public safety; expanding the crime of female genital mutilation; updating requirements for education and outreach; expanding the definition of egregious harm; providing for definition of maltreatment for reporting maltreatment of minors; prescribing penalties; amending Minnesota Statutes 2016, sections 144.3872; 260.012; 260C.007, subdivision 14; 609.2245, subdivision 1, by adding subdivisions; 626.556, subdivisions 2, 3.

 

Reported the same back with the following amendments:

 

Page 6, after line 1, insert:

 

"Sec. 3. Minnesota Statutes 2016, section 260C.007, subdivision 6, is amended to read:

 

Subd. 6. Child in need of protection or services. "Child in need of protection or services" means a child who is in need of protection or services because the child:

 

(1) is abandoned or without parent, guardian, or custodian;

 

(2)(i) has been a victim of physical or sexual abuse as defined in section 626.556, subdivision 2, (ii) resides with or has resided with a victim of child abuse as defined in subdivision 5 or domestic child abuse as defined in subdivision 13, (iii) resides with or would reside with a perpetrator of domestic child abuse as defined in subdivision 13 or child abuse as defined in subdivision 5 or 13, or (iv) is a victim of emotional maltreatment as defined in subdivision 15;

 

(3) is without necessary food, clothing, shelter, education, or other required care for the child's physical or mental health or morals because the child's parent, guardian, or custodian is unable or unwilling to provide that care;

 

(4) is without the special care made necessary by a physical, mental, or emotional condition because the child's parent, guardian, or custodian is unable or unwilling to provide that care;

 

(5) is medically neglected, which includes, but is not limited to, the withholding of medically indicated treatment from a disabled infant with a life-threatening condition. The term "withholding of medically indicated treatment" means the failure to respond to the infant's life-threatening conditions by providing treatment, including appropriate nutrition, hydration, and medication which, in the treating physician's or physicians' reasonable medical judgment, will be most likely to be effective in ameliorating or correcting all conditions, except that the term does not include the failure to provide treatment other than appropriate nutrition, hydration, or medication to an infant when, in the treating physician's or physicians' reasonable medical judgment:

 

(i) the infant is chronically and irreversibly comatose;


Journal of the House - 53rd Day - Thursday, May 11, 2017 - Top of Page 5695

>(ii) the provision of the treatment would merely prolong dying, not be effective in ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be futile in terms of the survival of the infant; or

 

(iii) the provision of the treatment would be virtually futile in terms of the survival of the infant and the treatment itself under the circumstances would be inhumane;

 

(6) is one whose parent, guardian, or other custodian for good cause desires to be relieved of the child's care and custody, including a child who entered foster care under a voluntary placement agreement between the parent and the responsible social services agency under section 260C.227;

 

(7) has been placed for adoption or care in violation of law;

 

(8) is without proper parental care because of the emotional, mental, or physical disability, or state of immaturity of the child's parent, guardian, or other custodian;

 

(9) is one whose behavior, condition, or environment is such as to be injurious or dangerous to the child or others. An injurious or dangerous environment may include, but is not limited to, the exposure of a child to criminal activity in the child's home;

 

(10) is experiencing growth delays, which may be referred to as failure to thrive, that have been diagnosed by a physician and are due to parental neglect;

 

(11) is a sexually exploited youth;

 

(12) has committed a delinquent act or a juvenile petty offense before becoming ten years old;

 

(13) is a runaway;

 

(14) is a habitual truant;

 

(15) has been found incompetent to proceed or has been found not guilty by reason of mental illness or mental deficiency in connection with a delinquency proceeding, a certification under section 260B.125, an extended jurisdiction juvenile prosecution, or a proceeding involving a juvenile petty offense; or

 

(16) has a parent whose parental rights to one or more other children were involuntarily terminated or whose custodial rights to another child have been involuntarily transferred to a relative and there is a case plan prepared by the responsible social services agency documenting a compelling reason why filing the termination of parental rights petition under section 260C.503, subdivision 2, is not in the best interests of the child.; or

 

(17) is a victim of female genital mutilation in violation of section 609.2245, subdivision 1."

 

Page 7, delete section 4 and insert:

 

"Sec. 5. Minnesota Statutes 2016, section 609.2245, subdivision 1, is amended to read:

 

Subdivision 1. Crime. Except as otherwise permitted in subdivision 2, the following individuals are guilty of a felony and may be sentenced as provided in subdivision 4:

 

(1) whoever knowingly (i) circumcises, excises, or infibulates, in whole or in part, the labia majora, labia minora, or clitoris of another, or (ii) performs any other harmful procedure to the female genitalia of a minor for nonmedical purposes, including but not limited to pricking, piercing, incising, scraping, and cauterization, is guilty of a felony. Consent to the procedure by a minor on whom it is performed or by the minor's parent is not a defense to a violation of this subdivision.; and


Journal of the House - 53rd Day - Thursday, May 11, 2017 - Top of Page 5696

(2) the parent, guardian, or other person legally responsible or charged with the care or custody of a minor who knowingly allows the circumcision, excision, or infibulation, in whole or in part, of the labia majora, labia minora, or clitoris of the female minor, or any other harmful procedure to the female genitalia for nonmedical purposes, including but not limited to pricking, piercing, incising, scraping, and cauterization of the female minor's genitals.

 

EFFECTIVE DATE. This section is effective the day following final enactment and applies to crimes committed on or after that date."

 

Page 7, line 20, delete everything after "Penalties."

 

Page 7, delete lines 21 and 22

 

Page 7, line 23, delete "(b)" and delete ", clause (2),"

 

Page 7, line 25, before "or" insert "labia majora,"

 

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 4, after the semicolon, insert "expanding child in need of protection or services to include a victim of female genital mutilation;"

 

Correct the title numbers accordingly

 

 

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:

 

S. F. No. 444, A bill for an act relating to liquor; authorizing certain on-sale intoxicating liquor licenses; providing for days of sale of alcoholic beverages; creating labeling requirements for 3.2 percent malt liquor; allowing special permits for service of alcohol and extended hours for the 2018 Super Bowl; amending Minnesota Statutes 2016, sections 85.0505, by adding a subdivision; 340A.22, subdivision 2; 340A.301, by adding a subdivision; 340A.504, subdivision 6; Laws 1999, chapter 202, section 13, as amended.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2016, section 85.0505, is amended by adding a subdivision to read:

 

Subd. 3. Fort Ridgely State Park. The commissioner of public safety, with the approval of the commissioner of natural resources, may issue to a concessionaire, lessee, or person holding a contract with the Department of Natural Resources an on-sale license for the sale of intoxicating liquor at the Fort Ridgely State Park golf course. The annual fee for the license issued pursuant to this subdivision shall be set by the commissioner of public safety at


Journal of the House - 53rd Day - Thursday, May 11, 2017 - Top of Page 5697

an amount comparable to the fee charged by the surrounding counties for a similar license. All provisions of chapter 340A not inconsistent with this subdivision shall apply to the sale of intoxicating liquor at the Fort Ridgely State Park golf course.

 

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

 

Sec. 2. Minnesota Statutes 2016, section 340A.22, subdivision 1, is amended to read:

 

Subdivision 1. Activities. (a) A microdistillery licensed under this chapter may provide on its premises samples of distilled spirits manufactured on its premises, in an amount not to exceed 15 milliliters per variety per person. No more than 45 milliliters may be sampled under this paragraph by any person on any day.

 

(b) A microdistillery can sell cocktails to the public, pursuant to subdivision 2.

 

(c) A microdistillery may not operate a cocktail room under subdivision 2 or conduct sales at off-sale under subdivision 4 unless at least 50 percent of the annual production of the licensee is processed and distilled on premises.

 

(d) Distilled spirits produced or in production prior to July 1, 2017, are not counted as part of the calculations under paragraph (c).

 

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

 

Sec. 3. Minnesota Statutes 2016, section 340A.22, subdivision 2, is amended to read:

 

Subd. 2. Cocktail room license. (a) A municipality, including a city with a municipal liquor store, may issue the holder of a microdistillery license under this chapter a microdistillery cocktail room license. A microdistillery cocktail room license authorizes on-sale of distilled liquor produced by the distiller for consumption on the premises of or adjacent to one distillery location owned by the distiller. Notwithstanding section 340A.504, subdivision 3, a cocktail room may be open and may conduct on-sale business on Sundays if authorized by the municipality. Nothing in this subdivision precludes the holder of a microdistillery cocktail room license from also holding a license to operate a restaurant at the distillery. Section 340A.409 shall apply to a license issued under this subdivision. All provisions of this chapter that apply to a retail liquor license shall apply to a license issued under this subdivision unless the provision is explicitly inconsistent with this subdivision.

 

(b) A distiller may only have one cocktail room license under this subdivision, and may not have an ownership interest in a distillery licensed under section 340A.301, subdivision 6, clause (a).

 

(c) The municipality shall impose a licensing fee on a distiller holding a microdistillery cocktail room license under this subdivision, subject to limitations applicable to license fees under section 340A.408, subdivision 2, paragraph (a).

 

(d) A municipality shall, within ten days of the issuance of a license under this subdivision, inform the commissioner of the licensee's name and address and trade name, and the effective date and expiration date of the license. The municipality shall also inform the commissioner of a license transfer, cancellation, suspension, or revocation during the license period.

 

(e) No single entity may hold both a cocktail room and taproom license, and a cocktail room and taproom may not be colocated.

 

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


Journal of the House - 53rd Day - Thursday, May 11, 2017 - Top of Page 5698

Sec. 4. Minnesota Statutes 2016, section 340A.22, subdivision 4, is amended to read:

 

Subd. 4. Off-sale license. A microdistillery may be issued a license by the local licensing authority, with the approval of the commissioner, for off-sale of distilled spirits. The license may allow the sale of one 375 milliliter bottle per customer per day of product manufactured on site, subject to the following requirements:

 

(1) off-sale hours of sale must conform to hours of sale for retail off-sale licensees in the licensing municipality; and

 

(2) no brand may be sold at the microdistillery unless it is also available for distribution by wholesalers.; and

 

(3) no more than 8,000 proof gallons of the 40,000 proof gallons produced by a distiller can be sold at off-sale on premises.

 

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

 

Sec. 5. Minnesota Statutes 2016, section 340A.24, subdivision 3, is amended to read:

 

Subd. 3. Total retail sales. A brew pub's total retail sales at on- or off-sale under this section may not exceed 3,500 barrels per year, provided that off-sales may not total more than 500 750 barrels.

 

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

 

Sec. 6. Minnesota Statutes 2016, section 340A.28, is amended to read:

 

340A.28 SMALL BREWER OFF-SALE.

 

Subdivision 1. License; limitations. A brewer licensed under section 340A.301, subdivision 6, clause (c), (i), or (j), may be issued a license by a municipality for off-sale of malt liquor at its licensed premises that has been produced and packaged by the brewer. The license must be approved by the commissioner. A brewer may only have one license under this subdivision. The amount of malt liquor sold at off-sale may not exceed 500 750 barrels annually. Off-sale of malt liquor shall be limited to the legal hours for off-sale at exclusive liquor stores in the jurisdiction in which the brewer is located, and the malt liquor sold off-sale must be removed from the premises before the applicable off-sale closing time at exclusive liquor stores, except that malt liquor in growlers only may be sold at off-sale on Sundays. Sunday sales must be approved by the licensing jurisdiction and hours may be established by those jurisdictions. Packaging of malt liquor for off-sale under this subdivision must comply with section 340A.285.

 

Subd. 2. Prohibition. A municipality may not issue a license under this section to a brewer if the brewer seeking the license, or any person having an economic interest in the brewer seeking the license or exercising control over the brewer seeking the license, is a brewer that brews more than 20,000 40,000 barrels of its own brands of malt liquor annually or a winery that produces more than 250,000 gallons of wine annually.

 

Subd. 3. Fee. The municipality shall impose a licensing fee on a brewer holding a license under this subdivision, subject to limitations applicable to license fees under section 340A.408, subdivision 3, paragraph (a).

 

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


Journal of the House - 53rd Day - Thursday, May 11, 2017 - Top of Page 5699

Sec. 7. Minnesota Statutes 2016, section 340A.285, is amended to read:

 

340A.285 GROWLERS.

 

(a) Malt liquor authorized for off-sale pursuant to section 340A.24 or 340A.28 shall be packaged in 64-ounce containers commonly known as "growlers" or in 750 milliliter bottles. The containers or bottles shall bear a twist‑type closure, cork, stopper, or plug any vessel containing between 650 milliliters and two liters. At the time of sale, a paper or plastic adhesive band, strip, or sleeve shall be applied to the container or bottle vessel and extended over the top of the twist-type closure, cork, stopper, or plug forming a seal that must be broken upon opening the container or bottle vessel. The adhesive band, strip, or sleeve shall bear the name and address of the brewer. The containers or bottles vessels shall be identified as malt liquor, contain the name of the malt liquor, bear the name and address of the brew pub or brewer selling the malt liquor, and shall be considered intoxicating liquor unless the alcoholic content is labeled as otherwise in accordance with the provisions of Minnesota Rules, part 7515.1100.

 

(b) A brew pub or brewer may, but is not required to, refill any container or bottle vessel with malt liquor for off-sale at the request of the customer. A brew pub or brewer refilling a container or bottle vessel must do so at its licensed premises and the container or bottle vessel must be filled at the tap at the time of sale. A container or bottle vessel refilled under this paragraph must be sealed and labeled in the manner described in paragraph (a).

 

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

 

Sec. 8. Minnesota Statutes 2016, section 340A.301, is amended by adding a subdivision to read:

 

Subd. 12. 3.2 percent malt liquor; label. 3.2 percent malt liquor, as defined under section 340A.101, subdivision 19, may be sold with a label that states "MAX 3.2% ALC/WT" or equivalent, on the side of the can or bottle, and does not require a similar disclosure on the can top or bottom. The commissioner shall establish standards to implement this requirement.

 

EFFECTIVE DATE. This section is effective July 1, 2017, and applies to all cans or bottles sold after that date.

 

Sec. 9. Minnesota Statutes 2016, section 340A.315, subdivision 7, is amended to read:

 

Subd. 7. Distilled spirits permitted. Farm wineries licensed under this section are permitted to manufacture distilled spirits as defined under section 340A.101, subdivision 9, which may exceed 25 percent alcohol by volume, made from Minnesota-produced or Minnesota-grown grapes, grape juice, other fruit bases, or honey. The following conditions pertain:

 

(1) no farm winery or firm owning multiple farm wineries may manufacture more than 5,000 gallons of distilled spirits in a given year, and this 5,000 gallon limit is part of the 50,000 gallon limit found in subdivision 2;

 

(2) a farm winery may not sell at on-sale, off-sale, or wholesale, a distilled spirit that does not qualify as a Minnesota spirit. For purposes of this section, to qualify as a Minnesota spirit, 50 percent of the distilled spirit must be processed and distilled on premises. Distilled spirits produced or in production prior to July 1, 2017, are not counted as part of the calculations under this clause;

 

(3) farm wineries must pay an additional annual fee of $50 to the commissioner before beginning production of distilled spirits; and

 

(3) (4) farm wineries may not sell or produce distilled spirits for direct sale to manufacturers licensed under section 340A.301, subdivision 6, paragraph (a).

 

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


Journal of the House - 53rd Day - Thursday, May 11, 2017 - Top of Page 5700

Sec. 10. [340A.425] SERVICE AT CAPITOL.

 

Notwithstanding section 340A.412, subdivision 4, paragraph (a), clause (2), the city of St. Paul may issue an on-sale wine and malt liquor license for the premises known as the State Capitol, including the Capitol cafeteria. The commissioner of administration must specify those areas where service is being requested. The Department of Administration shall enter into an agreement with a food service vendor or another vendor on all matters related to the sale of wine and malt liquor in the Capitol. Section 16B.275 does not apply to the sale of wine and malt liquor in the Capitol and all fees charged or profits earned by the Department of Administration from the sale of wine and malt liquor in the Capitol must be deposited in a capitol revenues account in the special revenue fund and are appropriated to the commissioner for capitol preservation. The Capitol cafeteria must sell wine and malt liquor that are made in Minnesota.

 

EFFECTIVE DATE. This section is effective the day after the governing body of St. Paul and its chief clerical officer timely complete compliance with section 645.021, subdivisions 2 and 3.

 

Sec. 11. Minnesota Statutes 2016, section 340A.504, subdivision 6, is amended to read:

 

Subd. 6. Municipalities may limit hours. A municipality may further limit the days or hours of on and off sales of alcoholic beverages, provided that further restricted on-sale hours for intoxicating liquor must apply equally to on-sale hours of 3.2 percent malt liquor. A city may not permit the sale of alcoholic beverages during hours when the sale is prohibited by this section.

 

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

 

Sec. 12. Laws 1999, chapter 202, section 13, as amended by Laws 2013, chapter 42, section 8, is amended to read:

 

Sec. 13. CITY OF ST. PAUL; LICENSES AUTHORIZED.

 

(a) The city of St. Paul may issue temporary intoxicating liquor licenses under Minnesota Statutes, section 340A.404, subdivision 10, to Macalester college for the Macalester Scottish fair, Springfest, and for the annual alumni reunion weekend without regard to the limitation in Minnesota Statutes, section 340A.410, subdivision 10, paragraph (b).

 

(b) Notwithstanding Minnesota Statutes, section 340A.412, subdivision 4, the city of St. Paul may issue a temporary on-sale intoxicating liquor license to Twin Cities in Motion, or its successor organization, if any. The license may authorize only the sale of intoxicating malt liquor and 3.2 percent malt liquor on the grounds of the state capitol on the day of the Twin Cities Marathon. The intoxicating Any malt liquor and 3.2 percent malt liquor sold must be produced by a Minnesota brewery. All provisions of Minnesota Statutes, section 340A.404, subdivision 10, not inconsistent with this section, apply to the license authorized by this section.

 

EFFECTIVE DATE. This section is effective upon approval by the Saint Paul City Council and compliance with Minnesota Statutes, section 645.021.

 

Sec. 13. CITY OF MINNEAPOLIS; SPECIAL LICENSES.

 

The city of Minneapolis may issue an on-sale intoxicating liquor license to a restaurant located at 4312 Upton Avenue South, notwithstanding any law or local ordinance or charter provision.

 

EFFECTIVE DATE. This section is effective upon approval by the Minneapolis City Council and compliance with Minnesota Statutes, section 645.021.


Journal of the House - 53rd Day - Thursday, May 11, 2017 - Top of Page 5701

Sec. 14. SPECIAL EVENTS; CAPITOL.

 

Notwithstanding any law or ordinance to the contrary, the city of St. Paul may issue two separate temporary liquor licenses for special events at the Minnesota Capitol, allowing sale throughout the Capitol building and on the Capitol grounds, as specified by the commissioner of administration. The first special event license shall be for events relating to the ceremonial opening of the restored State Capitol in August 2017. The second special event license shall be for events associated with the Superbowl and the construction of an ice castle in 2018. Licenses shall be for on-sale during all legal hours of service and shall allow all service of wine, malt liquor, and distilled spirits. Service must be limited to wine, malt liquor, and distilled spirits that are made in Minnesota.

 

EFFECTIVE DATE. This section is effective the day after the governing body of St. Paul and its chief clerical officer timely complete compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3.

 

Sec. 15. NATIONAL FOOTBALL LEAGUE TRAINING SITE; ON-SALE LICENSES.

 

Notwithstanding Minnesota Statutes, section 340A.404, subdivision 1, or any other law or local ordinance to the contrary, the city of Eagan may issue an on-sale intoxicating liquor license to the owner of a National Football League sports facility located on property in the city of Eagan in Dakota County, legally described as Lot 1, Block 1, Viking Lakes, and to any concessionaire operator or third-party vendor under contract with the owner. The license authorizes the sale of intoxicating liquor to persons attending any and all events on Lots 1 and 2, Block 1, Viking Lakes, that are in conjunction with activities on Lot 1. The license may be issued for a space that is not compact and contiguous, provided that the licensed premises shall only be the space described in the approved license. The license authorizes sales on all days of the week. All provisions of Minnesota Statutes, chapter 340A, not inconsistent with this section, apply to the license under this section.

 

EFFECTIVE DATE. This section is effective upon approval by the Eagan City Council and compliance with Minnesota Statutes, section 645.021.

 

Sec. 16. SPECIAL LICENSE; NEW HOPE.

 

Notwithstanding any law or ordinance to the contrary, the city of New Hope may issue an on-sale intoxicating liquor license for the New Hope Village Golf Course that is located at 8130 Bass Lake Road and is owned by the city. The provisions of Minnesota Statutes, chapter 340A, not inconsistent with this section, apply to the license issued under this section. The city of New Hope is deemed the licensee under this section, and the provisions of Minnesota Statutes, sections 340A.603 and 340A.604, apply to the license as if the establishment were a municipal liquor store.

 

EFFECTIVE DATE. This section is effective upon approval by the New Hope City Council and compliance with Minnesota Statutes, section 645.021.

 

Sec. 17. SPECIAL LICENSE; SARTELL.

 

The city of Sartell may issue an on-sale intoxicating liquor license, an on-sale wine license, or an on-sale malt liquor license for the city-owned facilities known as Sartell Community Center, located at 850 19th Street South; Pinecone Central Park, located at 1105 Central Park Blvd; and Champion Field, located at 710 12th Street North, notwithstanding any law, local ordinance, or charter provision. A license issued under this section authorizes sales on all days of the week to persons attending events at these facilities.

 

EFFECTIVE DATE. This section is effective upon approval by the Sartell City Council and compliance with Minnesota Statutes, section 645.021.


Journal of the House - 53rd Day - Thursday, May 11, 2017 - Top of Page 5702

Sec. 18. SPECIAL CLOSING TIMES; 2018 SUPER BOWL.

 

During the 2018 National Football League Super Bowl at U.S. Bank Stadium, licensing jurisdictions that lie fully or partially within Hennepin and Ramsey Counties may, at their discretion, issue special permits for service of alcohol through extended hours lasting until 4:00 a.m. each day. This section is subject to the following conditions:

 

(1) only holders of an existing on-sale intoxicating liquor license or a 3.2 malt liquor license are eligible for later closing hours;

 

(2) later closing hours apply only during the period from 12:00 p.m. on February 2, 2018, through 4:00 a.m. on February 5, 2018;

 

(3) local licensing jurisdictions issuing special permits to operate with extended hours during the days listed in clause (2) may charge a fee up to but not to exceed $250 for a permit. In the process of issuing a permit under this section, the licensing jurisdiction may limit approval to specified geographic, zoning, or license classifications within its jurisdiction; and

 

(4) this section expires at 4:01 a.m. on February 5, 2018.

 

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

 

Sec. 19. REPEALER.

 

Laws 2001, chapter 193, section 10, as amended by Laws 2013, chapter 137, article 4, section 6; and Laws 2013, chapter 137, article 4, section 6, are repealed."

 

Delete the title and insert:

 

"A bill for an act relating to liquor; authorizing service at the State Capitol and other on-sale licenses; providing for operation of cocktail rooms; modifying off-sale license for microdistilleries; modifying certain production limits; providing for certain off-sale container and labeling requirements; requiring microdistilleries and farm wineries to distill on premises; permitting municipalities to limit days of sale; establishing 2018 Super Bowl extended alcohol service hours; amending Minnesota Statutes 2016, sections 85.0505, by adding a subdivision; 340A.22, subdivisions 1, 2, 4; 340A.24, subdivision 3; 340A.28; 340A.285; 340A.301, by adding a subdivision; 340A.315, subdivision 7; 340A.504, subdivision 6; Laws 1999, chapter 202, section 13, as amended; proposing coding for new law in Minnesota Statutes, chapter 340A; repealing Laws 2001, chapter 193, section 10, as amended; Laws 2013, chapter 137, article 4, section 6."

 

 

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

 

The report was adopted.

 

 

SECOND READING OF HOUSE BILLS

 

 

H. F. Nos. 1415 and 2621 were read for the second time.

 

 

SECOND READING OF SENATE BILLS

 

 

S. F. No. 444 was read for the second time.


Journal of the House - 53rd Day - Thursday, May 11, 2017 - Top of Page 5703

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

The following House File was introduced:

 

 

Scott, Lesch, Whelan, Thissen and Zerwas introduced:

 

H. F. No. 2660, A bill for an act relating to criminal justice; providing for speedy trials for child victims of crime; amending Minnesota Statutes 2016, section 611A.033.

 

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

 

 

MESSAGES FROM THE SENATE

 

 

The following messages were received from the Senate:

 

 

Mr. Speaker:

 

I hereby announce the passage by the Senate of the following House File, herewith returned:

 

H. F. No. 106, A bill for an act relating to human services; modifying criteria for community medical response emergency medical technician services; amending Minnesota Statutes 2016, section 256B.0625, subdivision 60a.

 

Cal R. Ludeman, Secretary of the Senate

 

 

Mr. Speaker:

 

I hereby announce the passage by the Senate of the following House File, herewith returned:

 

H. F. No. 678, A bill for an act relating to motor vehicles; establishing law enforcement memorial special license plates; proposing coding for new law in Minnesota Statutes, chapter 168.

 

Cal R. Ludeman, Secretary of the Senate

 

 

Mr. Speaker:

 

I hereby announce the passage by the Senate of the following House File, herewith returned:

 

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

 

Cal R. Ludeman, Secretary of the Senate


Journal of the House - 53rd Day - Thursday, May 11, 2017 - Top of Page 5704

Mr. Speaker:

 

I hereby announce the passage by the Senate of the following House File, herewith returned:

 

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

 

Cal R. Ludeman, Secretary of the Senate

 

 

Mr. Speaker:

 

I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:

 

H. F. No. 1542, A bill for an act relating to human rights; amending notice provisions for actions involving architectural barriers; amending Minnesota Statutes 2016, section 363A.331, subdivisions 2, 5.

 

The Senate has appointed as such committee:

 

Senators Relph, Draheim and Frentz.

 

Said House File is herewith returned to the House.

 

Cal R. Ludeman, Secretary of the Senate

 

 

Mr. Speaker:

 

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

 

S. F. Nos. 943, 1456 and 1615.

 

Cal R. Ludeman, Secretary of the Senate

 

 

FIRST READING OF SENATE BILLS

 

 

S. F. No. 943, A bill for an act relating to higher education; appropriating money for an education debt relief grant; requiring a report.

 

The bill was read for the first time.

 

Nornes moved that S. F. No. 943 and H. F. No. 2080, now on the Calendar for the Day, be referred to the Chief Clerk for comparison. The motion prevailed.


Journal of the House - 53rd Day - Thursday, May 11, 2017 - Top of Page 5705

S. F. No. 1456, A bill for an act relating to economic development; temporarily modifying the restrictions on use of Minnesota investment fund local government loan repayment funds.

 

The bill was read for the first time.

 

Garofalo moved that S. F. No. 1456 and H. F. No. 1620, now on the Calendar for the Day, be referred to the Chief Clerk for comparison. The motion prevailed.

 

 

S. F. No. 1615, A bill for an act relating to courts; updating outdated statutes pertaining to court reporters; modifying name of drug court to treatment court; authorizing direct appeals of referee orders and decrees in probate or civil commitment court proceedings to the Court of Appeals; clarifying statutes related to penalty of perjury for documents provided to the court; modifying service of harassment restraining orders; amending Minnesota Statutes 2016, sections 243.49; 299A.707, subdivision 2; 357.42; 358.116; 484.70, subdivision 7; 484.702, by adding a subdivision; 486.05, subdivision 1; 486.06; 609.48, by adding a subdivision; 609.748, subdivision 4; repealing Minnesota Statutes 2016, sections 486.05, subdivision 1a; 525.112.

 

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

 

 

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.

 

 

There being no objection, the order of business reverted to Messages from the Senate.

 

 

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. 359, 1598 and 1694.

 

Cal R. Ludeman, Secretary of the Senate


Journal of the House - 53rd Day - Thursday, May 11, 2017 - Top of Page 5706

FIRST READING OF SENATE BILLS

 

 

S. F. No. 359, A bill for an act relating to human services; adding individualized home supports to home and community-based services; modifying home and community-based services setting requirements and licensing requirements; modifying planning and case management requirements under certain home and community-based services waivers; modifying child foster care background studies; amending Minnesota Statutes 2016, sections 245A.11, subdivision 2a; 245C.03, subdivision 1; 245C.04, subdivision 1; 245C.05, subdivision 2a; 245C.10, subdivision 9; 245C.17, subdivisions 5, 6; 245C.21, subdivision 1a; 245C.23, subdivision 2; 245D.02, subdivision 36, by adding a subdivision; 245D.03, subdivision 1; 245D.04, subdivision 3; 245D.071, subdivision 3; 245D.09, subdivisions 4, 5a; 245D.11, subdivision 4; 245D.24, subdivision 3; 256B.0911, subdivision 3a; 256B.092, subdivision 1a; 256B.49, subdivision 13; 256B.4913, by adding a subdivision; 256B.4914, subdivisions 3, 5, 8, 16.

 

The bill was read for the first time.

 

Baker moved that S. F. No. 359 and H. F. No. 696, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

 

 

S. F. No. 1598, A bill for an act relating to family law; adding domestic assault by strangulation to list of crimes impacting custody, parenting plans, and parenting time; amending Minnesota Statutes 2016, sections 518.179, subdivision 2; 631.52, subdivision 2.

 

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

 

 

S. F. No. 1694, A bill for an act relating to the military; designating June 29 as General John Vessey Day; proposing coding for new law in Minnesota Statutes, chapter 10.

 

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

 

 

The Speaker called Albright to the Chair.

 

 

CALENDAR FOR THE DAY

 

 

S. F. No. 482, A bill for an act relating to health licensing; clarifying title protection and grounds for disciplinary action; making technical changes; amending Minnesota Statutes 2016, sections 147.081; 147.091, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 147.

 

 

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 127 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 - 53rd Day - Thursday, May 11, 2017 - Top of Page 5707

Clark

Considine

Cornish

Daniels

Davids

Davnie

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erickson

Fenton

Fischer

Flanagan

Franke

Franson

Freiberg

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Jessup

Johnson, B.

Johnson, C.

Johnson, S.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Mariani

Marquart

Masin

Metsa

Miller

Moran

Murphy, E.

Murphy, M.

Nash

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

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.

 

 

Nelson was excused between the hours of 3:15 p.m. and 3:30 p.m.

 

Dean, M., was excused for the remainder of today's session.

 

 

S. F. No. 527, A bill for an act relating to health occupations; modifying the nurse practices act; clarifying licensure requirements for advanced practice registered nurses; amending Minnesota Statutes 2016, sections 148.171, subdivision 7b, by adding a subdivision; 148.211, subdivisions 1a, 1c, 2; repealing Minnesota Statutes 2016, sections 148.211, subdivision 1b; 148.243, subdivision 15.

 

 

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 127 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

Clark

Considine

Cornish

Daniels

Davids

Davnie

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erickson

Fenton

Fischer

Flanagan

Franke

Franson

Freiberg

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Jessup

Johnson, B.

Johnson, C.

Johnson, S.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Mariani

Marquart

Masin

Metsa

Miller

Moran

Murphy, E.

Murphy, M.


Journal of the House - 53rd Day - Thursday, May 11, 2017 - Top of Page 5708

Nash

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

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.

 

 

S. F. No. 1353, A bill for an act relating to health occupations; establishing requirements for the practice of telemedicine; proposing coding for new law in Minnesota Statutes, chapter 147.

 

 

The bill was read for the 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 128 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

Clark

Considine

Cornish

Daniels

Davids

Davnie

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erickson

Fenton

Fischer

Flanagan

Franke

Franson

Freiberg

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Jessup

Johnson, B.

Johnson, C.

Johnson, S.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Mariani

Marquart

Masin

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

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.

 

 

S. F. No. 1844, A bill for an act relating to health and human services; adding advanced practice registered nurses and physician assistants to certain statutes; amending Minnesota Statutes 2016, sections 62Q.56, subdivision 1a; 144.213, subdivision 1; 144.441, subdivision 3; 145.7131; 145.867, subdivision 2; 252A.21, subdivision 2; 256.9365, subdivision 2; 256B.056, subdivision 2; 256B.057, subdivision 9; 256B.0653, subdivision 4; 256B.15, subdivision 1a; 256D.44, subdivisions 4, 5; 514.981, subdivision 2; 626.556, subdivision 11d.

 

 

The bill was read for the third time and placed upon its final passage.


Journal of the House - 53rd Day - Thursday, May 11, 2017 - Top of Page 5709

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

Clark

Considine

Cornish

Daniels

Davids

Davnie

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erickson

Fenton

Fischer

Flanagan

Franke

Franson

Freiberg

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Jessup

Johnson, B.

Johnson, C.

Johnson, S.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Mariani

Marquart

Masin

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

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.

 

 

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, May 15, 2017 and established a prefiling requirement for amendments offered to the following bills:

 

H. F. Nos. 179, 1265 and 2621; and S. F. Nos. 444 and 1457.

 

 

ANNOUNCEMENT BY THE SPEAKER

 

A message from the Senate has been received requesting concurrence by the House to amendments adopted by the Senate to the following House Files:

 

H. F. Nos. 1702 and 2174.

 

 

MOTIONS AND RESOLUTIONS

 

 

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

 

Loon moved that the name of Knoblach be added as an author on H. F. No. 2657. The motion prevailed.


Journal of the House - 53rd Day - Thursday, May 11, 2017 - Top of Page 5710

The following Conference Committee Report was received:

 

 

CONFERENCE COMMITTEE REPORT ON 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.

 

May 10, 2017

The Honorable Kurt L. Daudt

Speaker of the House of Representatives

 

The Honorable Michelle L. Fischbach

President of the Senate

 

We, the undersigned conferees for H. F. No. 676 report that we have agreed upon the items in dispute and recommend as follows:

 

That the Senate recede from its amendments and that H. F. No. 676 be further amended as follows:

 

Delete everything after the enacting clause and insert:

 

"Section 1. Minnesota Statutes 2016, section 325F.245, subdivision 6, is amended to read:

 

Subd. 6. Exclusions. This section does not apply to:

 

(1) pesticide, fertilizer, or chemical applications for the purpose of producing agricultural commodities or any commodity for sale;

 

(2) pesticide applications around or near the foundation of a building for the purpose of structural or indoor pest control; or

 

(3) any single or isolated landscape application where the property owner or its agent verbally consents to the single or isolated application.; or

 

(4) pesticide or fertilizer applications by a licensed, commercial application company that provides customers with the ability to cancel or discontinue the agreement at any time, for any reason, with full refund of any prepaid services that were not provided and without any cancellation or discontinuance penalty. Prior to the first application of the season, 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. The customer must be allowed to cancel or discontinue the agreement at any time by communication to the company in writing, electronically, verbally by telephone, or in person to company representatives or on-site service personnel.

 

Sec. 2. EFFECTIVE DATE.

 

Section 1 is effective the day following final enactment and applies to agreements entered into on or after that date."


Journal of the House - 53rd Day - Thursday, May 11, 2017 - Top of Page 5711

Delete the title and insert:

 

"A bill for an act relating to commerce; regulating landscape application contracts; providing an exclusion; amending Minnesota Statutes 2016, section 325F.245, subdivision 6."

 

 

We request the adoption of this report and repassage of the bill.

 

House Conferees: Greg Davids, Joe Hoppe and Paul Rosenthal.

 

Senate Conferees: David H. Senjem, Gary H. Dahms and Dan Sparks.

 

 

Davids moved that the report of the Conference Committee on H. F. No. 676 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.

 

 

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 by Conference, and placed upon its repassage.

 

The question was taken on the repassage 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

Clark

Considine

Cornish

Daniels

Davids

Davnie

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erickson

Fenton

Fischer

Flanagan

Franke

Franson

Freiberg

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Jessup

Johnson, B.

Johnson, C.

Johnson, S.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Mariani

Marquart

Masin

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

Sundin

Swedzinski

Theis

Thissen

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

West

Whelan

Wills

Youakim

Zerwas

Spk. Daudt


 

 

The bill was repassed, as amended by Conference, and its title agreed to.


Journal of the House - 53rd Day - Thursday, May 11, 2017 - Top of Page 5712

ADJOURNMENT

 

Peppin moved that when the House adjourns today it adjourn until 10:00 a.m., Friday, May 12, 2017. The motion prevailed.

 

Peppin moved that the House adjourn. The motion prevailed, and Speaker pro tempore Albright declared the House stands adjourned until 10:00 a.m., Friday, May 12, 2017.

 

 

Patrick D. Murphy, Chief Clerk, House of Representatives