Journal of the House - 96th Day - Monday, May 14, 2018 - Top of Page 10401

STATE OF MINNESOTA

 

Journal of the House

 

NINETIETH SESSION - 2018

 

_____________________

 

NINETY-SIXTH DAY

 

Saint Paul, Minnesota, Monday, May 14, 2018

 

 

      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 Kari Williamson, Lutheran Church of the Cross, Nisswa, 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

Backer

Bahr, C.

Baker

Barr, R.

Becker-Finn

Bennett

Bernardy

Bliss

Bly

Carlson, A.

Carlson, L.

Christensen

Clark

Considine

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erickson

Fabian

Fenton

Fischer

Franke

Franson

Freiberg

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Jessup

Johnson, B.

Johnson, C.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Mariani

Marquart

Masin

Maye Quade

McDonald

Metsa

Miller

Munson

Murphy, E.

Murphy, M.

Nash

Nelson

Neu

Newberger

Nornes

O'Driscoll

Olson

Omar

O'Neill

Pelowski

Peppin

Petersburg

Peterson

Pierson

Pinto

Poppe

Poston

Pryor

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sauke

Schomacker

Schultz

Scott

Smith

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Wagenius

West

Whelan

Wills

Youakim

Zerwas

Spk. Daudt


 

      A quorum was present.

 

      Johnson, S.; Liebling and Sandstede were excused.

 

      Moran was excused until 12:50 p.m.  Flanagan was excused until 1:05 p.m.  Applebaum was excused until 1:25 p.m.  Slocum was excused until 2:50 p.m.  Ward 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.


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REPORTS OF CHIEF CLERK

 

      S. F. No. 893 and H. F. No. 1609, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

      Smith moved that S. F. No. 893 be substituted for H. F. No. 1609 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 2869 and H. F. No. 3282, which had been referred to the Chief Clerk for comparison, were examined and found to be not identical.

 

      Bahr, C., moved that S. F. No. 2869 be substituted for H. F. No. 3282 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 2949 and H. F. No. 3582, which had been referred to the Chief Clerk for comparison, were examined and found to be not identical.

 

      Omar moved that S. F. No. 2949 be substituted for H. F. No. 3582 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

PETITIONS AND COMMUNICATIONS

 

 

      The following communications were received:

 

 

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

 

May 8, 2018

 

The Honorable Kurt Daudt

Speaker of the House of Representatives

The State of Minnesota

 

Dear Speaker Daudt:

 

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

 

      H. F. No. 3418, relating to commerce; changing requirements for motor vehicle service contracts.

 

      H. F. No. 3225, relating to commerce; regulating wireless communications device dealer payments for used devices.

 

      H. F. No. 3210, relating to local government; modifying county authorization for storm and sanitary sewer systems.


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         H. F. No. 3755, relating to watercraft; modifying requirements for carbon monoxide detection devices.

 

H. F. No. 2743, relating to civil actions; regulating actions for damages based on services or construction to improve real property; providing for a limitation on actions.

 

      H. F. No. 3552, relating to real property; modifying the definition of residential use under the Minnesota Common Interest Ownership Act.

 

      H. F. No. 3389, relating to children; modifying presumptions in child support modifications; codifying case law.

 

      H. F. No. 817, relating to public safety; establishing crimes for interfering or attempting to interfere with point-of-sale terminals, gas pump dispensers, and automated teller machines.

 

H. F. No. 1975, relating to municipal contracting; narrowing a bidding exception for certain water tank service contracts.

 

      H. F. No. 3622, relating to insurance; changing accreditation and certification requirements for reinsurers.

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Mark Dayton

                                                                                                                                Governor

 

 

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

 

The Honorable Kurt L. Daudt

Speaker of the House of Representatives

 

The Honorable Michelle L. Fischbach

President of the Senate

 

      I have the honor to inform you that the following enrolled Acts of the 2018 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

 

 

S. F.

No.

 

H. F.

No.

 

Session Laws

Chapter No.

Time and

Date Approved

2018

 

Date Filed

2018

 

                               3418                      112                                         12:22 p.m.  May 8                                  May 8

                               3225                      113                                         12:24 p.m.  May 8                                  May 8

                               3210                      114                                         12:26 p.m.  May 8                                  May 8

                               3755                      115                                         12:27 p.m.  May 8                                  May 8

                               2743                      116                                         12:28 p.m.  May 8                                  May 8

                              3552                      117                                         12:29 p.m.  May 8                                  May 8

                               3389                      118                                         12:30 p.m.  May 8                                  May 8

     3306                                                119                                         12:34 p.m.  May 8                                  May 8


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     3525                                                                                                             120       12:35 p.m.  May 8  May 8

     2777                                                121                                         12:35 p.m.  May 8                                  May 8

     3466                                                122                                         12:37 p.m.  May 8                                  May 8

                                 817                      123                                         12:38 p.m.  May 8                                  May 8

                               1975                      124                                         12:39 p.m.  May 8                                  May 8

                               3622                      125                                         12:40 p.m.  May 8                                  May 8

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Steve Simon

                                                                                                                                Secretary of State

 

 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

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

 

H. F. No. 1180, A bill for an act relating to transportation; prohibiting certain use of cellular phones while driving; amending Minnesota Statutes 2016, sections 169.011, subdivision 94; 169.475.

 

Reported the same back with the following amendments:

 

Page 1, delete section 2 and insert:

 

"Sec. 2.  Minnesota Statutes 2016, section 169.475, is amended to read:

 

169.475 USE OF WIRELESS COMMUNICATIONS DEVICE.

 

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

 

(b) "Electronic message" means a self-contained piece of digital communication that is designed or intended to be transmitted between physical devices.  An electronic message includes, but is not limited to, e­mail, a text message, an instant message, a command or request to access a World Wide Web page,:  e­mail; a text message; an instant message; a command or request to access a World Wide Web page; video content, whether Web-based, stored on the device, or accessed in any other manner; images; pictures; or other data that uses a commonly recognized electronic communications protocol.  An electronic message does not include voice or other data transmitted as a result of making a phone call, or data transmitted automatically by a wireless communications device without direct initiation by a person.

 

(c) "Voice-activated or hands-free mode" means an attachment, accessory, application, wireless connection, or built-in feature of a wireless communications device or vehicle that allows the user to:

 

(1) vocally compose or send, or to listen to a text-based communication without the use of either hand except to activate or deactivate a feature or function; or

 

(2) engage in a phone call without the use of either hand except to activate or deactivate a feature or function.


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Subd. 2.  Prohibition on use; penalty.  (a) No Except as provided in subdivision 3, when a motor vehicle is in motion or a part of traffic, the person may operate a motor operating the vehicle while is prohibited from using:

 

(1) a wireless communications device to initiate, compose, read, or send an electronic message, when the vehicle is in motion or a part of traffic; or

 

(2) a cellular phone, including but not limited to initiating a cellular phone call and talking or listening on the phone.

 

(b) When a motor vehicle is in motion or a part of traffic, the person operating the vehicle is prohibited from using a wireless communications device to view video content, whether Web-based, stored on the device, or accessed in any other manner.  This paragraph does not apply to viewing a global positioning system or navigation system.

 

(c) A person who violates paragraph paragraphs (a) and (b) a second or subsequent time must pay a fine of $225, plus the amount specified in the uniform fine schedule established by the Judicial Council.

 

(d) For purposes of this subdivision, a motor vehicle is not considered to be in motion or a part of traffic if the vehicle is legally pulled over to the side of the road, has come to a complete stop, and is not obstructing traffic.

 

Subd. 3.  Exceptions.  This section does (a) The prohibitions in subdivision 2, paragraph (a), do not apply if a wireless communications device is used:

 

(1) solely in a voice-activated or other hands-free mode to make or participate in a phone call or to initiate, compose, read, or send an electronic message;

 

(2) for making a cellular phone call;

 

(3) for obtaining to obtain emergency assistance to (i) report a traffic accident, medical emergency, or serious traffic hazard, or (ii) prevent a crime about to be committed;

 

(4) (3) in the reasonable belief that a person's life or safety is in immediate danger; or

 

(5) (4) in an authorized emergency vehicle while in the performance of official duties.

 

(b) This section does not apply to a device that is functioning solely as a global positioning system or navigation system that is temporarily affixed to the vehicle.

 

(c) The prohibition in subdivision 2, paragraph (a), clause (2), does not apply to the use of a cellular phone that is temporarily affixed to the vehicle to listen to audio-based content.

 

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

 

 

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

 

      The report was adopted.


Journal of the House - 96th Day - Monday, May 14, 2018 - Top of Page 10406

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

 

H. F. No. 1440, A bill for an act relating to health; establishing the Opioid Addiction Prevention and Treatment Advisory Council; establishing a special revenue fund for opioid addiction prevention and treatment; modifying substance use disorder treatment provider requirements; appropriating money; requiring reports; amending Minnesota Statutes 2017 Supplement, section 245G.05, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 151.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

OPIOID ADDICTION ADVISORY COUNCIL AND ACCOUNT

 

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

 

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

 

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

 

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

 

(3) training on the treatment of opioid addiction, including the use of all FDA-approved opioid addiction medications, detoxification, relapse prevention, patient assessment, individual treatment planning, counseling, recovery supports, diversion control, and other best practices; and

 

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

 

(b) The council shall:

 

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

 

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

 

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

 

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

 

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

 

(c) The council shall make recommendations on grant and funding options for the funds annually appropriated to the commissioner of human services from the opioid addiction prevention and treatment account.  The options for funding may include, but are not limited to:  prescriber education; the development and sustainability of prevention


Journal of the House - 96th Day - Monday, May 14, 2018 - Top of Page 10407

programs; the creation of a continuum of care for opioid-related substance abuse disorders, including primary prevention, early intervention, treatment, and recovery services; and additional funding for child protection case management services for children and families affected by opioid addiction.  The council shall submit recommendations for funding options to the commissioner of human services and to the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services policy and finance by March 1 of each year, beginning March 1, 2019.

 

Subd. 2.  Membership.  (a) The council shall consist of 21 members appointed by the commissioner of human services, except as otherwise specified:

 

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

 

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

 

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

 

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

 

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

 

(6) one member representing the National Alliance on Mental Illness (NAMI);

 

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

 

(8) one member representing professionals providing alternative pain management therapies;

 

(9) the commissioner of education or a designee;

 

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

 

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

 

(12) one member representing the Minnesota Hospital Association;

 

(13) one member representing an Indian tribe;

 

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

 

(15) the commissioner of corrections or a designee;

 

(16) one advanced practice registered nurse appointed by the Board of Nursing;

 

(17) the commissioner of health or a designee;

 

(18) one member representing a local health department; and


Journal of the House - 96th Day - Monday, May 14, 2018 - Top of Page 10408

(19) one member representing a nonprofit entity specializing in providing support to persons recovering from substance use disorder.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Subd. 2.  Use of account funds.  (a) For fiscal year 2019, money in the account is appropriated as provided in this act.

 

(b) For fiscal year 2020 and subsequent fiscal years, money in the opioid addiction prevention and treatment account is appropriated to the commissioner of human services, to be awarded, in consultation with the Opioid Addiction Prevention and Treatment Advisory Council, as grants or as other funding as determined appropriate to address the opioid epidemic in the state.  Grants or other funding may be provided to continue or expand initiatives funded by this act for fiscal year 2019.  Each recipient of grants or funding shall report to the commissioner and the advisory council on how the funds were spent and the outcomes achieved, in the form and manner specified by the commissioner.

 

Subd. 3.  Annual report.  Beginning December 1, 2019, and each December 1 thereafter, the commissioner, in consultation with the Opioid Addiction Prevention and Treatment Advisory Council, shall report to the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services policy and finance on the grants and funds awarded under this section and the outcomes achieved.  Each report must also identify those instances for which the commissioner did not follow the recommendations of the advisory council and the commissioner's rationale for taking this action.

 

Sec. 3.  ADVISORY COUNCIL FIRST MEETING.

 

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

 

ARTICLE 2

PROVIDER AND OTHER REQUIREMENTS

 

Section 1.  Minnesota Statutes 2016, section 151.214, subdivision 2, is amended to read:


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Subd. 2.  No prohibition on disclosure.  No contracting agreement between an employer-sponsored health plan or health plan company, or its contracted pharmacy benefit manager, and a resident or nonresident pharmacy registered licensed under this chapter, may prohibit the:

 

(1) a pharmacy from disclosing to patients information a pharmacy is required or given the option to provide under subdivision 1; or

 

(2) a pharmacist from informing a patient when the amount the patient is required to pay under the patient's health plan for a particular drug is greater than the amount the patient would be required to pay for the same drug if purchased out-of-pocket at the pharmacy's usual and customary price.

 

Sec. 2.  Minnesota Statutes 2016, section 151.71, is amended by adding a subdivision to read:

 

Subd. 3.  Lowest cost to consumers.  (a) A health plan company or pharmacy benefits manager shall not require an individual to make a payment at the point of sale for a covered prescription medication in an amount greater than the allowable cost to consumers, as defined in paragraph (b).

 

(b) For purposes of paragraph (a), "allowable cost to consumers" means the lowest of:  (1) the applicable co‑payment for the prescription medication; or (2) the amount an individual would pay for the prescription medication if the individual purchased the prescription medication without using a health plan benefit.

 

Sec. 3.  Minnesota Statutes 2017 Supplement, section 245G.05, subdivision 1, is amended to read:

 

Subdivision 1.  Comprehensive assessment.  (a) A comprehensive assessment of the client's substance use disorder must be administered face-to-face by an alcohol and drug counselor within three calendar days after service initiation for a residential program or during the initial session for all other programs.  A program may permit a licensed staff person who is not qualified as an alcohol and drug counselor to interview the client in areas of the comprehensive assessment that are otherwise within the competencies and scope of practice of that licensed staff person and an alcohol and drug counselor does not need to be face-to-face with the client during this interview.  The alcohol and drug counselor must review all of the information contained in a comprehensive assessment and, by signature, confirm the information is accurate and complete and meets the requirements for the comprehensive assessment.  If the comprehensive assessment is not completed during the initial session, the client-centered reason for the delay must be documented in the client's file and the planned completion date.  If the client received a comprehensive assessment that authorized the treatment service, an alcohol and drug counselor must review the assessment to determine compliance with this subdivision, including applicable timelines.  If available, the alcohol and drug counselor may use current information provided by a referring agency or other source as a supplement.  Information gathered more than 45 days before the date of admission is not considered current.  The comprehensive assessment must include sufficient information to complete the assessment summary according to subdivision 2 and the individual treatment plan according to section 245G.06.  The comprehensive assessment must include information about the client's needs that relate to substance use and personal strengths that support recovery, including:

 

(1) age, sex, cultural background, sexual orientation, living situation, economic status, and level of education;

 

(2) circumstances of service initiation;

 

(3) previous attempts at treatment for substance misuse or substance use disorder, compulsive gambling, or mental illness;


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(4) substance use history including amounts and types of substances used, frequency and duration of use, periods of abstinence, and circumstances of relapse, if any.  For each substance used within the previous 30 days, the information must include the date of the most recent use and previous withdrawal symptoms;

 

(5) specific problem behaviors exhibited by the client when under the influence of substances;

 

(6) family status, family history, including history or presence of physical or sexual abuse, level of family support, and substance misuse or substance use disorder of a family member or significant other;

 

(7) physical concerns or diagnoses, the severity of the concerns, and whether the concerns are being addressed by a health care professional;

 

(8) mental health history and psychiatric status, including symptoms, disability, current treatment supports, and psychotropic medication needed to maintain stability; the assessment must utilize screening tools approved by the commissioner pursuant to section 245.4863 to identify whether the client screens positive for co-occurring disorders;

 

(9) arrests and legal interventions related to substance use;

 

(10) ability to function appropriately in work and educational settings;

 

(11) ability to understand written treatment materials, including rules and the client's rights;

 

(12) risk-taking behavior, including behavior that puts the client at risk of exposure to blood-borne or sexually transmitted diseases;

 

(13) social network in relation to expected support for recovery and leisure time activities that are associated with substance use;

 

(14) whether the client is pregnant and, if so, the health of the unborn child and the client's current involvement in prenatal care;

 

(15) whether the client recognizes problems related to substance use and is willing to follow treatment recommendations; and

 

(16) collateral information.  If the assessor gathered sufficient information from the referral source or the client to apply the criteria in Minnesota Rules, parts 9530.6620 and 9530.6622, a collateral contact is not required.

 

(b) If the client is identified as having opioid use disorder or seeking treatment for opioid use disorder, the program must provide educational information to the client concerning:

 

(1) risks for opioid use disorder and dependence;

 

(2) treatment options, including the use of a medication for opioid use disorder;

 

(3) the risk of and recognizing opioid overdose; and

 

(4) the use, availability, and administration of naloxone to respond to opioid overdose.

 

(c) The commissioner shall develop educational materials that are supported by research and updated periodically.  The license holder must use the educational materials that are approved by the commissioner to comply with this requirement.


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(d) If the comprehensive assessment is completed to authorize treatment service for the client, at the earliest opportunity during the assessment interview the assessor shall determine if:

 

(1) the client is in severe withdrawal and likely to be a danger to self or others;

 

(2) the client has severe medical problems that require immediate attention; or

 

(3) the client has severe emotional or behavioral symptoms that place the client or others at risk of harm.

 

If one or more of the conditions in clauses (1) to (3) are present, the assessor must end the assessment interview and follow the procedures in the program's medical services plan under section 245G.08, subdivision 2, to help the client obtain the appropriate services.  The assessment interview may resume when the condition is resolved.

 

Sec. 4.  Minnesota Statutes 2017 Supplement, section 254A.03, subdivision 3, is amended to read:

 

Subd. 3.  Rules for substance use disorder care.  (a) The commissioner of human services shall establish by rule criteria to be used in determining the appropriate level of chemical dependency care for each recipient of public assistance seeking treatment for substance misuse or substance use disorder.  Upon federal approval of a comprehensive assessment as a Medicaid benefit, or on July 1, 2018, whichever is later, and notwithstanding the criteria in Minnesota Rules, parts 9530.6600 to 9530.6655, an eligible vendor of comprehensive assessments under section 254B.05 may determine and approve the appropriate level of substance use disorder treatment for a recipient of public assistance.  The process for determining an individual's financial eligibility for the consolidated chemical dependency treatment fund or determining an individual's enrollment in or eligibility for a publicly subsidized health plan is not affected by the individual's choice to access a comprehensive assessment for placement.

 

(b) The commissioner shall develop and implement a utilization review process for publicly funded treatment placements to monitor and review the clinical appropriateness and timeliness of all publicly funded placements in treatment.

 

(c) Notwithstanding section 254B.05, subdivision 5, paragraph (b), clause (2), an individual employed by a county on July 1, 2018, who has been performing assessments for the purpose of Minnesota Rules, part 9530.6615, is qualified to perform a comprehensive assessment if the following conditions are met as of July 1, 2018:

 

(1) the individual is exempt from licensure under section 148F.11, subdivision 1;

 

(2) the individual is qualified as an assessor under Minnesota Rules, part 9530.6615, subpart 2; and

 

(3) the individual has three years employment as an assessor or is under the supervision of an individual who meets the requirements of an alcohol and drug counselor supervisor under section 245G.11, subdivision 4.

 

After June 30, 2020, an individual qualified to do a comprehensive assessment under this paragraph must additionally demonstrate completion of the applicable coursework requirements of section 245G.11, subdivision 5, paragraph (b).

 

ARTICLE 3

PREVENTION, EDUCATION, AND RESEARCH

 

Section 1.  Minnesota Statutes 2017 Supplement, section 120B.021, subdivision 1, is amended to read:

 

Subdivision 1.  Required academic standards.  (a) The following subject areas are required for statewide accountability:


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(1) language arts;

 

(2) mathematics;

 

(3) science;

 

(4) social studies, including history, geography, economics, and government and citizenship that includes civics consistent with section 120B.02, subdivision 3;

 

(5) physical education;

 

(6) health, for which locally developed academic standards apply, consistent with paragraph (e); and

 

(7) the arts, for which statewide or locally developed academic standards apply, as determined by the school district.  Public elementary and middle schools must offer at least three and require at least two of the following four arts areas:  dance; music; theater; and visual arts.  Public high schools must offer at least three and require at least one of the following five arts areas:  media arts; dance; music; theater; and visual arts.

 

(b) For purposes of applicable federal law, the academic standards for language arts, mathematics, and science apply to all public school students, except the very few students with extreme cognitive or physical impairments for whom an individualized education program team has determined that the required academic standards are inappropriate.  An individualized education program team that makes this determination must establish alternative standards.

 

(c) The department must adopt the most recent SHAPE America (Society of Health and Physical Educators) kindergarten through grade 12 standards and benchmarks for physical education as the required physical education academic standards.  The department may modify and adapt the national standards to accommodate state interest.  The modification and adaptations must maintain the purpose and integrity of the national standards.  The department must make available sample assessments, which school districts may use as an alternative to local assessments, to assess students' mastery of the physical education standards beginning in the 2018-2019 school year.

 

(d) A school district may include child sexual abuse prevention instruction in a health curriculum, consistent with paragraph (a), clause (6).  Child sexual abuse prevention instruction may include age-appropriate instruction on recognizing sexual abuse and assault, boundary violations, and ways offenders groom or desensitize victims, as well as strategies to promote disclosure, reduce self-blame, and mobilize bystanders.  A school district may provide instruction under this paragraph in a variety of ways, including at an annual assembly or classroom presentation.  A school district may also provide parents information on the warning signs of child sexual abuse and available resources.

 

(e) A school district must include instruction in a health curriculum for students in grades 5, 6, 8, 10, and 12 on substance misuse prevention, including opioids; controlled substances as defined in section 152.01, subdivision 4; prescription and nonprescription medications; and illegal drugs.  A school district is not required to use a specific methodology or curriculum.

 

(e) (f) District efforts to develop, implement, or improve instruction or curriculum as a result of the provisions of this section must be consistent with sections 120B.10, 120B.11, and 120B.20.

 

EFFECTIVE DATE.  This section is effective for the 2019-2020 school year and later.


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Sec. 2.  [120B.215] SUBSTANCE MISUSE PREVENTION.

 

(a) This section may be cited as "Jake's Law."

 

(b) School districts and charter schools are encouraged to provide substance misuse prevention instruction for students in grades 5 through 12 integrated into existing programs, curriculum, or the general school environment of a district or charter school.  The commissioner of education, in consultation with the director of the Alcohol and Other Drug Abuse Section under section 254A.03 and substance misuse prevention and treatment organizations, must, upon request, provide districts and charter schools with:

 

(1) information regarding substance misuse prevention services; and

 

(2) assistance in using Minnesota student survey results to inform prevention programs.

 

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

 

Sec. 3.  [151.72] VOLUNTARY NONOPIOID DIRECTIVE.

 

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

 

(b) "Board" means the Board of Pharmacy.

 

(c) "Opioid" means any product containing opium or opiates listed in section 152.02, subdivision 3, paragraphs (b) and (c); any product containing narcotics listed in section 152.02, subdivision 4, paragraphs (e) and (h); or any product containing narcotic drugs listed in section 152.02, subdivision 5, paragraph (b), other than products containing difenoxin or eluxadoline.

 

Subd. 2.  Execution of directive.  (a) An individual who is 18 years of age or older or an emancipated minor, a parent or legal guardian of a minor, or an individual's guardian or other person appointed by the individual or the court to manage the individual's health care may execute a voluntary nonopioid directive instructing health care providers that an opioid may not be administered or prescribed to the individual or the minor.  The directive must be in the format prescribed by the board.  The person executing the directive may submit the directive to a health care provider or hospital.

 

(b) An individual executing a directive may revoke the directive at any time in writing or orally.

 

Subd. 3.  Duties of the board.  (a) The board shall adopt rules establishing guidelines to govern the use of voluntary nonopioid health care directives.  The guidelines must:

 

(1) include verification by a health care provider and comply with the written consent requirements under United States Code, title 42, section 290dd-2(b);

 

(2) specify standard procedures for the person executing a directive to use when submitting the directive to a health care provider or hospital;

 

(3) specify procedures to include the directive in the individual's medical record or interoperable electronic health record, and to submit the directive to the prescription monitoring program database;

 

(4) specify procedures to modify, override, or revoke a directive;


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(5) include exemptions for the administration of naloxone or other opioid overdose drugs in an emergency situation;

 

(6) ensure the confidentiality of a voluntary nonopioid directive; and

 

(7) ensure exemptions for an opioid used to treat substance abuse or opioid dependence.

 

Subd. 4.  Exemption from liability.  (a) A health care provider, a hospital, or an employee of a health care provider or hospital may not be subject to disciplinary action by the health care provider's or employee's professional licensing board or held civilly or criminally liable for failure to administer, prescribe, or dispense an opioid, or for inadvertent administration of an opioid, to an individual or minor who has a voluntary nonopioid directive.

 

(b) A prescription presented to a pharmacy is presumed to be valid, and a pharmacist may not be subject to disciplinary action by the pharmacist's professional licensing board or held civilly or criminally liable for dispensing an opioid in contradiction to an individual's or minor's voluntary nonopioid directive.

 

Subd. 5.  Construction.  Nothing in this section shall be construed to:

 

(1) alter a health care directive under chapter 145C;

 

(2) limit the prescribing, dispensing, or administering of an opioid overdose drug; or

 

(3) limit an authorized health care provider or pharmacist from prescribing, dispensing, or administering an opioid for the treatment of substance abuse or opioid dependence.

 

Sec. 4.  Minnesota Statutes 2017 Supplement, section 152.105, subdivision 2, is amended to read:

 

Subd. 2.  Sheriff to maintain collection receptacle.  The sheriff of each county shall maintain or contract for the maintenance of at least one collection receptacle for the disposal of noncontrolled substances, pharmaceutical controlled substances, and other legend drugs, as permitted by federal law.  For purposes of this section, "legend drug" has the meaning given in section 151.01, subdivision 17.  The collection receptacle must comply with federal law.  In maintaining and operating the collection receptacle, the sheriff shall follow all applicable provisions of Code of Federal Regulations, title 21, parts 1300, 1301, 1304, 1305, 1307, and 1317, as amended through May 1, 2017.  The sheriff of each county may meet the requirements of this subdivision though the use of an alternative method for the disposal of noncontrolled substances, pharmaceutical controlled substances, and other legend drugs that has been approved by the Board of Pharmacy.  This may include making available to the public, without charge, at-home prescription drug deactivation and disposal products that render drugs and medications inert and irretrievable.

 

Sec. 5.  Minnesota Statutes 2016, section 152.11, subdivision 2d, is amended to read:

 

Subd. 2d.  Identification requirement for Schedule II or III controlled substance prescriptions.  (a) No person may dispense a controlled substance included in Schedule II or III Schedules II through V without requiring the person purchasing the controlled substance, who need not be the person patient for whom the controlled substance prescription is written, to present valid photographic identification, unless the person purchasing the controlled substance, or if applicable the person for whom the controlled substance prescription is written, is known to the dispenser.  A doctor of veterinary medicine who dispenses a controlled substance must comply with this subdivision.

 

(b) This subdivision applies only to purchases of controlled substances that are not covered, in whole or in part, by a health plan company or other third-party payor.


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Sec. 6.  Minnesota Statutes 2016, section 152.11, is amended by adding a subdivision to read:

 

Subd. 5.  Limitations on the dispensing of opioid prescription drug orders.  (a) No prescription drug order for an opioid drug listed in Schedule II may be dispensed by a pharmacist or other dispenser more than 30 days after the date on which the prescription drug order was issued.

 

(b) No prescription drug order for an opioid drug listed in Schedules III through V may be initially dispensed by a pharmacist or other dispenser more than 30 days after the date on which the prescription drug order was issued.  No prescription drug order for an opioid drug listed in Schedules III through V may be refilled by a pharmacist or other dispenser more than 30 days after the previous date on which it was dispensed.

 

(c) For purposes of this section, "dispenser" has the meaning given in section 152.126, subdivision 1.

 

Sec. 7.  Minnesota Statutes 2016, section 152.11, is amended by adding a subdivision to read:

 

Subd. 6.  Limit on quantity of opiates prescribed for acute pain associated with a major trauma or surgical procedure.  (a) When used for the treatment of acute pain associated with a major trauma or surgical procedure, initial prescriptions for opiate or narcotic pain relievers listed in Schedules II through IV of section 152.02 shall not exceed a seven-day supply.  The quantity prescribed shall be consistent with the dosage listed in the professional labeling for the drug that has been approved by the United States Food and Drug Administration.

 

(b) For the purposes of this subdivision, "acute pain" means pain resulting from disease, accidental or intentional trauma, surgery, or another cause that the practitioner reasonably expects to last only a short period of time.  Acute pain does not include chronic pain or pain being treated as part of cancer care, palliative care, or hospice or other end-of-life care.

 

(c) Notwithstanding paragraph (a), if in the professional clinical judgment of a practitioner more than a seven‑day supply of a prescription listed in Schedules II through IV of section 152.02 is required to treat a patient's acute pain, the practitioner may issue a prescription for the quantity needed to treat such acute pain.

 

(d) This subdivision does not apply to the treatment of acute dental pain or acute pain associated with refractive surgery, and the quantity of opiates that may be prescribed for those conditions is governed by subdivision 4.

 

Sec. 8.  Minnesota Statutes 2016, section 214.12, is amended by adding a subdivision to read:

 

Subd. 6.  Opioid and controlled substances prescribing.  (a) The Board of Medical Practice, the Board of Nursing, the Board of Dentistry, the Board of Optometry, and the Board of Podiatric Medicine shall require that licensees with the authority to prescribe controlled substances obtain at least two hours of continuing education credit on best practices in prescribing opioids and controlled substances, as part of the continuing education requirements for licensure renewal.  Licensees shall not be required to complete more than two credit hours of continuing education on best practices in prescribing opioids and controlled substances before this subdivision expires.  Continuing education credit on best practices in prescribing opioids and controlled substances must meet board requirements.

 

(b) This subdivision expires January 1, 2023.

 

EFFECTIVE DATE.  This section is effective January 1, 2019.


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ARTICLE 4

INTERVENTION, TREATMENT, AND RECOVERY

 

Section 1.  Minnesota Statutes 2016, section 145.9269, subdivision 1, is amended to read:

 

Subdivision 1.  Definitions.  For purposes of this section and section 145.9272, "federally qualified health center" means an entity that is receiving a grant under United States Code, title 42, section 254b, or, based on the recommendation of the Health Resources and Services Administration within the Public Health Service, is determined by the secretary to meet the requirements for receiving such a grant.

 

Sec. 2.  [145.9272] FEDERALLY QUALIFIED HEALTH CENTERS; GRANTS FOR INTEGRATED COMMUNITY-BASED OPIOID ADDICTION AND SUBSTANCE USE DISORDER TREATMENT, RECOVERY, AND PREVENTION PROGRAMS.

 

Subdivision 1.  Grant program established.  The commissioner of health shall distribute grants to federally qualified health centers operating in Minnesota as of January 1, 2018, for integrated, community-based programs in primary care settings to treat, prevent, and raise awareness of opioid addiction and substance use disorders.

 

Subd. 2.  Grant allocation.  (a) For each grant cycle, the commissioner shall allocate grants to federally qualified health centers operating in Minnesota as of January 1, 2018, through a competitive process and according to the following guidelines:

 

(1) 25 percent of the funds shall be for federally qualified health centers to establish new opioid addiction and substance use disorder programs;

 

(2) 70 percent of the funds shall be for federally qualified health centers with existing opioid addiction and substance use disorder programs to expand these programs to serve additional low-income patients; and

 

(3) five percent of the funds shall be for federally qualified health centers to invest in network infrastructure and evaluation activities, to identify and document successful opioid addiction and substance use disorder prevention and treatment strategies for rural or underserved populations.

 

(b) The commissioner shall ensure, for each grant cycle, that at least 30 percent of the funds are allocated to federally qualified health centers in the state located outside the seven-county metropolitan area and that each federally qualified health center in the state is allocated at least three percent of the total amount available for that grant cycle.

 

(c) The commissioner shall consult with a state organization representing Minnesota's community health centers to assess and classify the levels of substance use disorder services and programs available at federally qualified health centers in the state as of July 1, 2018, and to develop measures for federally qualified health centers to use in assessing the effectiveness of substance use disorder programs funded under this section in supporting sobriety and long-term recovery, stopping cycles of intergenerational substance use, enabling patients to return to work or school, and supporting family unity.

 

Subd. 3.  Allowable uses for grant funds.  In establishing a new opioid addiction and substance use disorder program or expanding an existing program, a federally qualified health center must use grant funds distributed under this section for one or more of the following activities:

 

(1) integrating behavioral health services and substance use disorder services on-site at the federally qualified health center or off-site through partnerships with other providers;


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(2) establishing or expanding programs in which patients with substance use disorders receive services using integrated, interprofessional care teams;

 

(3) implementing or expanding patient care coordination, outreach, and education services related to substance use disorders;

 

(4) implementing or expanding medication assisted treatment by providing, directly or by referral, all drugs approved by the Food and Drug Administration for the treatment of opioid use disorder, including maintenance, detoxification, overdose reversal, and relapse prevention;

 

(5) implementing and evaluating specific, effective substance use disorder interventions tailored to specific populations, including but not limited to communities of color, individuals experiencing homelessness, veterans, and adolescents;

 

(6) developing infrastructure, including infrastructure to allow for telehealth services, for federally qualified health center networks to support coordinated interventions across delivery systems; and

 

(7) training current and future health care professionals and students, including dental providers.

 

Subd. 4.  Reports.  After the conclusion of each grant cycle, each federally qualified health center shall report to the commissioner, at a time and in a manner specified by the commissioner, data regarding the effectiveness measures developed under subdivision 2.  The commissioner shall compile this information into a report for each grant cycle and shall provide the report to the chairs and ranking minority members of the legislative committees with jurisdiction over health care.

 

Sec. 3.  Minnesota Statutes 2016, section 151.01, subdivision 27, is amended to read:

 

Subd. 27.  Practice of pharmacy.  "Practice of pharmacy" means:

 

(1) interpretation and evaluation of prescription drug orders;

 

(2) compounding, labeling, and dispensing drugs and devices (except labeling by a manufacturer or packager of nonprescription drugs or commercially packaged legend drugs and devices);

 

(3) participation in clinical interpretations and monitoring of drug therapy for assurance of safe and effective use of drugs, including the performance of laboratory tests that are waived under the federal Clinical Laboratory Improvement Act of 1988, United States Code, title 42, section 263a et seq., provided that a pharmacist may interpret the results of laboratory tests but may modify drug therapy only pursuant to a protocol or collaborative practice agreement;

 

(4) participation in drug and therapeutic device selection; drug administration for first dosage, injectable or implantable medications to treat substance use disorders, and medical emergencies; drug regimen reviews; and drug or drug-related research;

 

(5) participation in administration of influenza vaccines to all eligible individuals six years of age and older and all other vaccines to patients 13 years of age and older by written protocol with a physician licensed under chapter 147, a physician assistant authorized to prescribe drugs under chapter 147A, or an advanced practice registered nurse authorized to prescribe drugs under section 148.235, provided that:

 

(i) the protocol includes, at a minimum:


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(A) the name, dose, and route of each vaccine that may be given;

 

(B) the patient population for whom the vaccine may be given;

 

(C) contraindications and precautions to the vaccine;

 

(D) the procedure for handling an adverse reaction;

 

(E) the name, signature, and address of the physician, physician assistant, or advanced practice registered nurse;

 

(F) a telephone number at which the physician, physician assistant, or advanced practice registered nurse can be contacted; and

 

(G) the date and time period for which the protocol is valid;

 

(ii) the pharmacist has successfully completed a program approved by the Accreditation Council for Pharmacy Education specifically for the administration of immunizations or a program approved by the board;

 

(iii) the pharmacist utilizes the Minnesota Immunization Information Connection to assess the immunization status of individuals prior to the administration of vaccines, except when administering influenza vaccines to individuals age nine and older;

 

(iv) the pharmacist reports the administration of the immunization to the Minnesota Immunization Information Connection; and

 

(v) the pharmacist complies with guidelines for vaccines and immunizations established by the federal Advisory Committee on Immunization Practices, except that a pharmacist does not need to comply with those portions of the guidelines that establish immunization schedules when administering a vaccine pursuant to a valid, patient-specific order issued by a physician licensed under chapter 147, a physician assistant authorized to prescribe drugs under chapter 147A, or an advanced practice nurse authorized to prescribe drugs under section 148.235, provided that the order is consistent with the United States Food and Drug Administration approved labeling of the vaccine;

 

(6) participation in the initiation, management, modification, and discontinuation of drug therapy according to a written protocol or collaborative practice agreement between:  (i) one or more pharmacists and one or more dentists, optometrists, physicians, podiatrists, or veterinarians; or (ii) one or more pharmacists and one or more physician assistants authorized to prescribe, dispense, and administer under chapter 147A, or advanced practice nurses authorized to prescribe, dispense, and administer under section 148.235.  Any changes in drug therapy made pursuant to a protocol or collaborative practice agreement must be documented by the pharmacist in the patient's medical record or reported by the pharmacist to a practitioner responsible for the patient's care;

 

(7) participation in the storage of drugs and the maintenance of records;

 

(8) patient counseling on therapeutic values, content, hazards, and uses of drugs and devices;

 

(9) offering or performing those acts, services, operations, or transactions necessary in the conduct, operation, management, and control of a pharmacy; and

 

(10) participation in the initiation, management, modification, and discontinuation of therapy with opiate antagonists, as defined in section 604A.04, subdivision 1, pursuant to:

 

(i) a written protocol as allowed under clause (6); or


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(ii) a written protocol with a community health board medical consultant or a practitioner designated by the commissioner of health, as allowed under section 151.37, subdivision 13.

 

Sec. 4.  Minnesota Statutes 2016, section 151.37, subdivision 12, is amended to read:

 

Subd. 12.  Administration of opiate antagonists for drug overdose.  (a) A licensed physician, a licensed advanced practice registered nurse authorized to prescribe drugs pursuant to section 148.235, or a licensed physician assistant authorized to prescribe drugs pursuant to section 147A.18 may authorize the following individuals to administer opiate antagonists, as defined in section 604A.04, subdivision 1:

 

(1) an emergency medical responder registered pursuant to section 144E.27;

 

(2) a peace officer as defined in section 626.84, subdivision 1, paragraphs (c) and (d); and

 

(3) staff of community-based health disease prevention or social service programs.;

 

(4) a probation or supervised release officer; and

 

(5) a volunteer firefighter.

 

(b) For the purposes of this subdivision, opiate antagonists may be administered by one of these individuals only if:

 

(1) the licensed physician, licensed physician assistant, or licensed advanced practice registered nurse has issued a standing order to, or entered into a protocol with, the individual; and

 

(2) the individual has training in the recognition of signs of opiate overdose and the use of opiate antagonists as part of the emergency response to opiate overdose.

 

(c) Nothing in this section prohibits the possession and administration of naloxone pursuant to section 604A.04.

 

Sec. 5.  Minnesota Statutes 2017 Supplement, section 254B.12, subdivision 3, is amended to read:

 

Subd. 3.  Chemical dependency provider rate increase.  For the chemical dependency services listed in section 254B.05, subdivision 5, and provided on or after July 1, 2017 2018, payment rates shall be increased by one percent a percentage established by the commissioner, based on the available appropriation, over the rates in effect on January 1, 2017 2018, for vendors who meet the requirements of section 254B.05.

 

Sec. 6.  Minnesota Statutes 2016, section 256B.0625, subdivision 13e, is amended to read:

 

Subd. 13e.  Payment rates.  (a) The basis for determining the amount of payment shall be the lower of the actual acquisition costs of the drugs or the maximum allowable cost by the commissioner plus the fixed dispensing fee; or the usual and customary price charged to the public.  The amount of payment basis must be reduced to reflect all discount amounts applied to the charge by any provider/insurer agreement or contract for submitted charges to medical assistance programs.  The net submitted charge may not be greater than the patient liability for the service.  The pharmacy dispensing fee shall be $3.65 for legend prescription drugs, except that the dispensing fee for intravenous solutions which must be compounded by the pharmacist shall be $8 per bag, $14 per bag for cancer chemotherapy products, and $30 per bag for total parenteral nutritional products dispensed in one liter quantities, or $44 per bag for total parenteral nutritional products dispensed in quantities greater than one liter.  The pharmacy dispensing fee for over-the-counter drugs shall be $3.65, except that the fee shall be $1.31 for retrospectively billing pharmacies when billing for quantities less than the number of units contained in the manufacturer's original package.  Actual acquisition cost includes quantity and other special discounts except time and cash discounts.  The


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actual acquisition cost of a drug shall be estimated by the commissioner at wholesale acquisition cost plus four percent for independently owned pharmacies located in a designated rural area within Minnesota, and at wholesale acquisition cost plus two percent for all other pharmacies.  A pharmacy is "independently owned" if it is one of four or fewer pharmacies under the same ownership nationally.  A "designated rural area" means an area defined as a small rural area or isolated rural area according to the four-category classification of the Rural Urban Commuting Area system developed for the United States Health Resources and Services Administration.  Effective January 1, 2014, the actual acquisition cost of a drug acquired through the federal 340B Drug Pricing Program shall be estimated by the commissioner at wholesale acquisition cost minus 40 percent.  Wholesale acquisition cost is defined as the manufacturer's list price for a drug or biological to wholesalers or direct purchasers in the United States, not including prompt pay or other discounts, rebates, or reductions in price, for the most recent month for which information is available, as reported in wholesale price guides or other publications of drug or biological pricing data.  The maximum allowable cost of a multisource drug may be set by the commissioner and it shall be comparable to, but no higher than, the maximum amount paid by other third-party payors in this state who have maximum allowable cost programs.  Establishment of the amount of payment for drugs shall not be subject to the requirements of the Administrative Procedure Act.

 

(b) Pharmacies dispensing prescriptions to residents of long-term care facilities using an automated drug distribution system meeting the requirements of section 151.58, or a packaging system meeting the packaging standards set forth in Minnesota Rules, part 6800.2700, that govern the return of unused drugs to the pharmacy for reuse, may employ retrospective billing for prescription drugs dispensed to long-term care facility residents.  A retrospectively billing pharmacy must submit a claim only for the quantity of medication used by the enrolled recipient during the defined billing period.  A retrospectively billing pharmacy must use a billing period not less than one calendar month or 30 days.

 

(c) An additional dispensing fee of $.30 may be added to the dispensing fee paid to pharmacists for legend drug prescriptions dispensed to residents of long-term care facilities when a unit dose blister card system, approved by the department, is used.  Under this type of dispensing system, the pharmacist must dispense a 30-day supply of drug.  The National Drug Code (NDC) from the drug container used to fill the blister card must be identified on the claim to the department.  The unit dose blister card containing the drug must meet the packaging standards set forth in Minnesota Rules, part 6800.2700, that govern the return of unused drugs to the pharmacy for reuse.  A pharmacy provider using packaging that meets the standards set forth in Minnesota Rules, part 6800.2700, is required to credit the department for the actual acquisition cost of all unused drugs that are eligible for reuse, unless the pharmacy is using retrospective billing.  The commissioner may permit the drug clozapine to be dispensed in a quantity that is less than a 30-day supply.

 

(d) Whenever a maximum allowable cost has been set for a multisource drug, payment shall be the lower of the usual and customary price charged to the public or the maximum allowable cost established by the commissioner unless prior authorization for the brand name product has been granted according to the criteria established by the Drug Formulary Committee as required by subdivision 13f, paragraph (a), and the prescriber has indicated "dispense as written" on the prescription in a manner consistent with section 151.21, subdivision 2.

 

(e) The basis for determining the amount of payment for drugs administered in an outpatient setting shall be the lower of the usual and customary cost submitted by the provider, 106 percent of the average sales price as determined by the United States Department of Health and Human Services pursuant to title XVIII, section 1847a of the federal Social Security Act, the specialty pharmacy rate, or the maximum allowable cost set by the commissioner.  If average sales price is unavailable, the amount of payment must be lower of the usual and customary cost submitted by the provider, the wholesale acquisition cost, the specialty pharmacy rate, or the maximum allowable cost set by the commissioner.  Effective January 1, 2014, the commissioner shall discount the payment rate for drugs obtained through the federal 340B Drug Pricing Program by 20 percent.  With the exception of paragraph (f), the payment for drugs administered in an outpatient setting shall be made to the administering facility or practitioner.  A retail or specialty pharmacy dispensing a drug for administration in an outpatient setting is not eligible for direct reimbursement.


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(f) Notwithstanding paragraph (e), payment for injectable drugs used to treat substance abuse administered by a practitioner in an outpatient setting shall be made either to the administering facility or the practitioner, or directly to the dispensing pharmacy.  The practitioner or administering facility shall submit the claim for the drug, if the practitioner purchases the drug directly from a wholesale distributor licensed under section 151.47 or from a manufacturer licensed under section 151.252.  The dispensing pharmacy shall submit the claim if the pharmacy dispenses the drug pursuant to a prescription issued by the practitioner and delivers the filled prescription to the practitioner for subsequent administration.  Payment shall be made according to this section.  The administering practitioner and pharmacy shall ensure that claims are not duplicated.  A pharmacy shall not dispense a practitioner‑administered injectable drug described in this paragraph directly to an enrollee.  For purposes of this paragraph, "dispense" and "dispensing" have the meaning provided in section 151.01, subdivision 30.

 

(g) The commissioner may negotiate lower reimbursement rates for specialty pharmacy products than the rates specified in paragraph (a).  The commissioner may require individuals enrolled in the health care programs administered by the department to obtain specialty pharmacy products from providers with whom the commissioner has negotiated lower reimbursement rates.  Specialty pharmacy products are defined as those used by a small number of recipients or recipients with complex and chronic diseases that require expensive and challenging drug regimens.  Examples of these conditions include, but are not limited to:  multiple sclerosis, HIV/AIDS, transplantation, hepatitis C, growth hormone deficiency, Crohn's Disease, rheumatoid arthritis, and certain forms of cancer.  Specialty pharmaceutical products include injectable and infusion therapies, biotechnology drugs, antihemophilic factor products, high-cost therapies, and therapies that require complex care.  The commissioner shall consult with the formulary committee to develop a list of specialty pharmacy products subject to this paragraph.  In consulting with the formulary committee in developing this list, the commissioner shall take into consideration the population served by specialty pharmacy products, the current delivery system and standard of care in the state, and access to care issues.  The commissioner shall have the discretion to adjust the reimbursement rate to prevent access to care issues.

 

(g) (h) Home infusion therapy services provided by home infusion therapy pharmacies must be paid at rates according to subdivision 8d.

 

Sec. 7.  OPIOID OVERDOSE REDUCTION PILOT PROGRAM.

 

Subdivision 1.  Establishment.  The commissioner of health shall provide grants to ambulance services to fund activities by community paramedic teams to reduce opioid overdoses in the state.  Under this pilot program, ambulance services shall develop and implement projects in which community paramedics connect with patients who are discharged from a hospital following an opioid overdose episode, develop personalized care plans for those patients, and provide follow-up services to those patients.

 

Subd. 2.  Priority areas; services.  (a) In a project developed under this section, an ambulance service must target community paramedic team services to portions of the service area with high levels of opioid use, high death rates from opioid overdoses, and urgent needs for interventions.

 

(b) In a project developed under this section, a community paramedic team shall:

 

(1) provide services to patients released from a hospital following an opioid overdose episode and place priority on serving patients who were administered the opiate antagonist naloxone hydrochloride by emergency medical services personnel in response to a 911 call during the opioid overdose episode;

 

(2) provide the following evaluations during an initial home visit:  a home safety assessment including whether there is a need to dispose of prescription drugs that are expired or no longer needed, medication reconciliation, an HIV risk assessment, instruction on the use of naloxone hydrochloride, and a basic needs assessment;


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(3) provide patients with health assessments, medication management, chronic disease monitoring and education, and assistance in following hospital discharge orders; and

 

(4) work with a multidisciplinary team to address the overall physical and mental health needs of patients and health needs related to substance use disorder treatment.

 

Subd. 3.  Evaluation.  An ambulance service that receives a grant under this section must evaluate the extent to which the project was successful in reducing the number of opioid overdoses and opioid overdose deaths among patients who received services and in reducing the inappropriate use of opioids by patients who received services.  The commissioner of health shall develop specific evaluation measures and reporting timelines for ambulance services receiving grants.  Ambulance services must submit the information required by the commissioner to the commissioner and the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services by December 1, 2019.

 

ARTICLE 5

APPROPRIATIONS

 

Section 1.  APPROPRIATIONS

 

The appropriations shown are from the general fund, or other named fund, and are available for the fiscal years indicated for each purpose.  The figures "2018" and "2019" used in this article mean that the appropriation noted under them are available for the fiscal year ending June 30, 2018, or June 30, 2019, respectively.

 

 

 

 

APPROPRIATIONS

 

 

 

Available for the Year

 

 

 

Ending June 30

 

 

 

2018

2019

 

Sec. 2.  CRIMINAL APPREHENSION

 

$0

 

$420,000

 

Bureau of Criminal Apprehension Special Agents.  $420,000 in fiscal year 2019 is for two additional special agent positions within the Bureau of Criminal Apprehension focused on drug interdiction and drug trafficking.  The special agents whose positions are authorized under this section shall, whenever possible, coordinate with the federal Drug Enforcement Administration in efforts to address drug trafficking in Minnesota.

 

Sec. 3.  COMMISSIONER OF HUMAN SERVICES

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

$0

 

$4,900,000

 

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

 

Subd. 2.  Central Office Operations

 

0

 

900,000

 

Native American Juvenile Treatment Center; White Earth Reservation.  $900,000 in fiscal year 2019 is for a grant to the tribal council of the White Earth Nation to refurbish and equip the White Earth Opiate Treatment Facility on the White Earth


Journal of the House - 96th Day - Monday, May 14, 2018 - Top of Page 10423

Reservation.  The facility shall treat Native Americans and provide culturally specific programming to individuals placed in the treatment center.  This appropriation is available until the project is completed or abandoned, subject to Minnesota Statutes, section 16A.642.  This is a onetime appropriation.

 

Subd. 3.  Forecasted Programs; Medical Assistance

 

0

 

4,000,000

 

Sec. 4.  COMMISSIONER OF HEALTH

 

$0

 

$5,000,000

 

(a) FQHC Grants.  $1,000,000 in fiscal year 2019 is for grants to federally qualified health centers for opioid addiction and substance use disorder programs under Minnesota Statutes, section 145.9272.  This is a onetime appropriation.

 

(b) Community Paramedic Teams.  $1,000,000 in fiscal year 2019 is for an opioid overdose reduction pilot program using community paramedic teams.  This appropriation is available until June 30, 2021.  Of this appropriation, the commissioner may use up to $50,000 to administer the program.  This is a onetime appropriation.

 

(c) Opioid Prevention Pilot Project.  $2,000,000 in fiscal year 2019 is for opioid abuse prevention pilot projects under Laws 2017, First Special Session chapter 6, article 10, section 144.  Of this amount, $1,400,000 is for the opioid abuse prevention pilot project through CHI St. Gabriel's Health Family Medical Center, also known as Unity Family Health Care.  $600,000 is for Project Echo through CHI St. Gabriel's Health Family Medical Center for e-learning sessions centered around opioid case management and best practices for opioid abuse prevention.  This is a onetime appropriation.

 

(d) Prescription Drug Deactivation And Disposal.  $1,000,000 in fiscal year 2019 is to provide grants to prescription drug dispensers and health care providers to purchase omnidegradeable, at-home prescription drug deactivation and disposal products to assist individuals in the disposal of prescription drugs in a safe, environmentally sound manner.  Grant awards shall not exceed $25,000 per dispenser or provider, or $100,000 for applicants applying on behalf of a group of dispensers or providers.  Grant recipients must provide these deactivation and disposal products free of charge to members of the public.  In awarding grants, the commissioner shall give priority to regions of the state with the highest rates of opioid overdoses and opioid-related deaths.  This is a onetime appropriation.

 

Sec. 5.  DEPARTMENT OF EDUCATION

 

$0

 

$400,000

 

For Jake's Sake Foundation.  (a) $400,000 in fiscal year 2019 is for a grant to the For Jake's Sake Foundation to collaborate with school districts throughout Minnesota to integrate evidence-based


Journal of the House - 96th Day - Monday, May 14, 2018 - Top of Page 10424

substance misuse prevention instruction on the dangers of substance misuse, particularly the use of opioids, into school district programs and curricula, including health education curricula.

 

(b) Funds appropriated in this section are to:

 

(1) identify effective substance misuse prevention tools and strategies, including innovative uses of technology and media;

 

(2) develop and promote a comprehensive substance misuse prevention curriculum for students in grades 5 through 12 that educates students and families about the dangers of substance misuse;

 

(3) integrate substance misuse prevention into curricula across subject areas;

 

(4) train school district teachers, athletic coaches, and other school staff in effective substance misuse prevention strategies; and

 

(5) collaborate with school districts to evaluate the effectiveness of districts' substance misuse prevention efforts.

 

(c) By February 15, 2019, the grantee must submit a report detailing expenditures and outcomes of the grant to the chairs and ranking minority members of the legislative committees with primary jurisdiction over kindergarten through grade 12 education policy and finance.  The report must identify the school districts that have implemented or plan to implement the substance misuse prevention curriculum.

 

(d) The department may retain up to five percent of the appropriation amount to administer the grant program and assist school districts with implementation of substance misuse prevention instruction.

 

Sec. 6.  HEALTH RELATED BOARDS

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

$0

 

$985,000

 

Appropriations by Fund

 

 

2018

 

2019

General

0

965,000

State Government Special Revenue

 

0

 

20,000

 

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


Journal of the House - 96th Day - Monday, May 14, 2018 - Top of Page 10425

Subd. 2.  Board of Dentistry

 

0

 

5,000

 

Continuing Education.  $5,000 in fiscal year 2019 is from the state government special revenue fund for costs associated with continuing education on prescribing opioids and controlled substances.  This is a onetime appropriation.

 

Subd. 3.  Board of Nursing

 

0

 

5,000

 

Continuing Education.  $5,000 in fiscal year 2019 is from the state government special revenue fund for costs associated with continuing education on prescribing opioids and controlled substances.  This is a onetime appropriation.

 

Subd. 4.  Board of Optometry

 

0

 

5,000

 

Continuing Education.  $5,000 in fiscal year 2019 is from the state government special revenue fund for costs associated with continuing education on prescribing opioids and controlled substances.  This is a onetime appropriation.

 

Subd. 5.  Board of Pharmacy

 

0

 

965,000

 

Prescription Monitoring Program and Electronic Health Records.  $965,000 in fiscal year 2019 is from the general fund to integrate the prescription monitoring program database with electronic health records on a statewide basis.  The integration of access to the prescription monitoring database with electronic health records shall not modify any requirements or procedures in Minnesota Statutes, section 152.126, regarding the information that must be reported to the database, who can access the database and for what purpose, and the data classification of information in the database, and shall not require a prescriber to access the database prior to issuing a prescription for a controlled substance.  The board may use this funding to contract with a vendor for technical assistance, provide grants to health care providers, and to make any necessary technological modifications to the prescription monitoring program database.  This funding does not cancel and is available until expended.  This is a onetime appropriation.

 

Subd. 6.  Board of Podiatric Medicine

 

0

 

5,000

 

Continuing Education.  $5,000 in fiscal year 2019 is from the state government special revenue fund for costs associated with continuing education on prescribing opioids and controlled substances.  This is a onetime appropriation.

 

Sec. 7.  DUPLICATE APPROPRIATIONS.

 

If an appropriation in this act is enacted more than once in the 2018 legislative session, the appropriation must be given effect only once."


Journal of the House - 96th Day - Monday, May 14, 2018 - Top of Page 10426

Amend the title as follows:

 

Page 1, line 3, delete everything after the semicolon and insert "establishing the opioid addiction prevention and treatment account"

 

Page 1, line 4, delete everything before the semicolon

 

Page 1, line 5, after the first semicolon, insert "modifying provisions related to opioid addiction prevention, education, research, intervention, treatment, and recovery;"

 

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:

 

H. F. No. 4437, A bill for an act relating to transportation finance; proposing a constitutional amendment to the Minnesota Constitution, article XIV, to allocate state general sales tax revenue related to motor vehicle repair and replacement parts exclusively to fund roads; making conforming and technical changes; amending Minnesota Statutes 2017 Supplement, section 297A.94; proposing coding for new law as Minnesota Statutes, chapter 160A.

 

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

 

      The report was adopted.

 

 

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

 

S. F. No. 2620, A bill for an act relating to retirement; benefit and contribution changes for Minnesota statewide and major local public employee retirement plans; increasing contribution rates; reducing certain postretirement adjustment rates; modifying investment return assumptions; extending amortization target dates; reducing deferred annuities augmentation; requiring a study on postretirement adjustments; making administrative changes to the Minnesota State Retirement System, Teachers Retirement Association, Public Employees Retirement Association, and St. Paul Teachers Retirement Fund Association; clarifying refund repayment procedures; modifying executive director credentials; clarifying service requirements; revising appeal procedures; modifying service credit purchase procedures; establishing new procedures for disability applications due to private disability insurance requirements; clarifying disability benefit payment provisions; modifying annual benefit limitations for federal tax code compliance; authorizing use of IRS correction procedures; clarifying benefit offsets for certain refund payments; clarifying police and fire plan coverage for certain Hennepin Healthcare System supervisors; modifying various economic actuarial assumptions; authorizing the transfer of assets and members from the voluntary statewide volunteer firefighter retirement plan to a volunteer firefighter relief association; adopting recommendations of the Volunteer Firefighter Relief Association working group; increasing the lump-sum service pension maximum and lowering certain vesting requirements for the Eden Prairie Volunteer Firefighters Relief Association; modifying the Brook Park volunteer firefighters service pension level; permitting alternative allocation of fire state aid for the city of Austin; establishing a fire state aid work group; extending a reporting deadline for the Clearbrook Fire Department Relief Association; clarifying a 1992 session law for the Swift County-Benson Hospital; modifying various Department of Human Services and Department of Corrections employment classifications eligible for


Journal of the House - 96th Day - Monday, May 14, 2018 - Top of Page 10427

correctional retirement coverage; revising augmentation interest rates for certain terminated privatized employees; adopting definition of the Hometown Heroes Act related to public safety officer death benefits; modifying defined contribution plans to allow certain distributions; allowing service credit purchase and rule of 90 eligibility for certain Minnesota Department of Transportation employees; expanding investment authority for the Hennepin County Supplemental Retirement Plan; authorizing certain MnSCU employees to elect retroactive and prospective TRA coverage; authorizing a MnSCU employee to transfer past service from IRAP to PERA; increasing maximum employer contribution to a supplemental laborers pension fund; exempting certain laborers groups from coverage; authorizing certain additional sources of retirement plan funding; making technical and conforming changes; authorizing direct state aid to the public employees police and fire retirement plan and the St. Paul Teachers Retirement Fund Association; modifying pension adjustment revenue provisions; appropriating money; amending Minnesota Statutes 2016, sections 3A.02, subdivision 4; 3A.03, subdivisions 2, 3; 16A.14, subdivision 2a; 126C.10, subdivision 37; 352.01, subdivisions 2a, 13a; 352.017, subdivision 2; 352.03, subdivisions 5, 6; 352.04, subdivisions 2, 3, 8, 9; 352.113, subdivisions 2, 4, 14; 352.116, subdivision 1a; 352.22, subdivisions 2, 3, by adding subdivisions; 352.23; 352.27; 352.91, subdivisions 3f, 3g, by adding a subdivision; 352.92, subdivisions 1, 2, by adding a subdivision; 352.955, subdivision 3; 352B.013, subdivision 2; 352B.02, subdivisions 1a, 1c; 352B.08, by adding a subdivision; 352B.085; 352B.086; 352B.11, subdivision 4; 352D.02, subdivisions 1, 3; 352D.04, subdivision 2; 352D.05, subdivision 4; 352D.085, subdivision 1; 352D.11, subdivision 2; 352D.12; 352F.04, subdivisions 1, 2, by adding a subdivision; 353.01, subdivisions 2b, 10, 16, 43, 47; 353.012; 353.0162; 353.03, subdivision 3; 353.27, subdivisions 7a, 12, 12a, 12b; 353.28, subdivision 5; 353.29, subdivisions 4, 7; 353.30, subdivisions 3c, 5; 353.32, subdivisions 1, 4; 353.34, subdivisions 2, 3; 353.35, subdivision 1; 353.37, subdivision 1; 353.64, subdivision 10; 353.65, subdivisions 2, 3, by adding a subdivision; 353D.07; 353F.02, subdivision 5a; 353F.025, subdivision 2; 353F.04, subdivision 2; 353F.05; 353F.057; 353F.06; 353F.07; 353G.01, subdivision 9, by adding a subdivision; 353G.02, subdivision 6; 353G.03, subdivision 3; 353G.08, subdivision 3; 353G.11, subdivision 1; 354.05, subdivision 2, by adding a subdivision; 354.06, subdivisions 2, 2a; 354.095; 354.42, subdivisions 2, 3; 354.435, subdivision 4; 354.436, subdivision 3; 354.44, subdivisions 3, 6, 9; 354.45, by adding a subdivision; 354.46, subdivision 6; 354.48, subdivision 1; 354.49, subdivision 2; 354.50, subdivision 2; 354.51, subdivision 5; 354.512; 354.52, subdivisions 4, 4d; 354.53, subdivision 5; 354.55, subdivision 11; 354.66, subdivision 2; 354.72, subdivisions 1, 2; 354A.011, subdivisions 3a, 29; 354A.093, subdivisions 4, 6; 354A.095; 354A.096; 354A.12, subdivisions 1, 1a, 2a, 3a, 3c, 7; 354A.29, subdivision 7; 354A.31, subdivisions 3, 5, 6, 7; 354A.34; 354A.35, subdivision 2; 354A.36, subdivision 4; 354A.37, subdivisions 2, 3; 354A.38; 356.195, subdivision 2; 356.215, subdivisions 9, 11; 356.24, subdivision 1; 356.30, subdivision 1; 356.32, subdivision 2; 356.415, subdivisions 1, 1a, 1b, 1c, 1d, 1e, 1f, by adding a subdivision; 356.44; 356.47, subdivisions 1, 3; 356.50, subdivision 2; 356.551, subdivision 2; 356.635, subdivision 10, by adding subdivisions; 356.645; 356.96, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13; 356A.06, subdivision 7; 383B.47; 383B.48; 383B.49; 383B.50; 423A.02, subdivisions 3, 5; 423A.022, subdivision 5; 424A.001, subdivisions 2, 3, 10, by adding a subdivision; 424A.002, subdivision 1; 424A.01, subdivisions 1, 5, 6, by adding subdivisions; 424A.015, subdivision 1, by adding a subdivision; 424A.016, subdivision 2; 424A.02, subdivisions 1, 3a, 7; 424A.04, subdivision 1; 424A.07; 424A.091, subdivision 3; 424A.094, subdivision 3; 424A.10, subdivision 1; 424B.20, subdivision 4; 490.121, subdivisions 4, 25, 26; 490.1211; 490.123, by adding a subdivision; 490.124, subdivision 12; Minnesota Statutes 2017 Supplement, sections 353.27, subdivision 3c; 356.215, subdivision 8; Laws 1992, chapter 534, section 10, subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 353F; 353G; 356; 424A; repealing Minnesota Statutes 2016, sections 3A.12; 352.04, subdivision 11; 352.045; 352.72; 352B.30; 353.0161; 353.27, subdivision 3b; 353.34, subdivision 6; 353.71; 354.42, subdivisions 4a, 4b, 4c, 4d; 354.60; 354A.12, subdivision 2c; 354A.29, subdivisions 8, 9; 354A.39; 356.611, subdivisions 3, 3a, 4, 5; 356.96, subdivisions 14, 15; 424A.02, subdivision 13; Laws 2008, chapter 349, article 8, section 4.

 

Reported the same back with the following amendments:

 

Page 179, after line 1, insert:

 

"Sec. 25.  Minnesota Statutes 2016, section 424B.20, is amended by adding a subdivision to read:


Journal of the House - 96th Day - Monday, May 14, 2018 - Top of Page 10428

Subd. 4a.  Disposition of surplus assets upon dissolution of certain volunteer firefighters relief associations.  Notwithstanding any provision to the contrary in subdivision 4, if a volunteer firefighters relief association provides a lump-sum service pension equal to $9,500 or more for each year of service as of the effective date of this section, upon dissolution under this section and payment of the last service pension or benefit due and owing, any remaining assets in the trust fund cancel as follows:

 

(1) if the municipality was required to make contributions to the relief association under chapter 424A at any time during the ten years preceding the effective date of this section, the remaining assets cancel to the general fund of the municipality; or

 

(2) if the municipality was not required to make contributions to the relief association under chapter 424A at any time during the ten years preceding the effective date of this section, the remaining assets cancel to the general fund of the state.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and applies to dissolutions initiated retroactive to May 8, 2018."

 

Page 187, after line 3, insert:

 

"Sec. 29.  CERTAIN VOLUNTEER FIREFIGHTERS RELIEF ASSOCIATION SERVICE PENSIONS.

 

(a) As used in this section, "qualifying volunteer firefighters relief association" means a volunteer firefighters relief association with a funding ratio of greater than 100 percent as of the most recent fiscal year end, and which provides a lump sum pension benefit based on a lump sum pension amount equal to $9,500 or more, as of the effective date of this section.  For purposes of this section, "qualifying volunteer firefighters relief association" does not include an association whose maximum lump-sum pension amount is specifically established by other provisions of this bill.

 

(b) Notwithstanding any provision of Minnesota Statutes, section 424A.02, subdivision 3, paragraph (d), to the contrary, the maximum lump-sum pension amount for each year of service credited that may be provided for in the bylaws of a qualifying volunteer firefighters relief association is the maximum service pension figure corresponding to the average amount of available financing per active covered firefighter for the applicable specified period:

 

Minimum Average Amount of Available

 Financing per Firefighter

Maximum Lump-Sum Service Pension Amount Payable for Each Year of Service

 

$ ...

 

$10

 

11

 

20

 

16

 

30

 

23

 

40

 

27

 

50

 

32

 

60

 

43

 

80

 

54

 

100

 

65

 

120

 

77

 

140

 

86

 

160

 

97

 

180

 

108

 

200

 

131

 

240

 


Journal of the House - 96th Day - Monday, May 14, 2018 - Top of Page 10429

151

 

280

 

173

 

320

 

194

 

360

 

216

 

400

 

239

 

440

 

259

 

480

 

281

 

520

 

302

 

560

 

324

 

600

 

347

 

640

 

367

 

680

 

389

 

720

 

410

 

760

 

432

 

800

 

486

 

900

 

540

 

1000

 

594

 

1100

 

648

 

1200

 

702

 

1300

 

756

 

1400

 

810

 

1500

 

864

 

1600

 

918

 

1700

 

972

 

1800

 

1026

 

1900

 

1080

 

2000

 

1134

 

2100

 

1188

 

2200

 

1242

 

2300

 

1296

 

2400

 

1350

 

2500

 

1404

 

2600

 

1458

 

2700

 

1512

 

2800

 

1566

 

2900

 

1620

 

3000

 

1672

 

3100

 

1726

 

3200

 

1753

 

3250

 

1780

 

3300

 

1820

 

3375

 

1834

 

3400

 

1888

 

3500

 

1942

 

3600

 

1996

 

3700

 

2023

 

3750

 

2050

 

3800

 

2104

 

3900

 

2158

 

4000

 

2212

 

4100

 

2265

 

4200

 


Journal of the House - 96th Day - Monday, May 14, 2018 - Top of Page 10430

2319

 

4300

 

2373

 

4400

 

2427

 

4500

 

2481

 

4600

 

2535

 

4700

 

2589

 

4800

 

2643

 

4900

 

2697

 

5000

 

2751

 

5100

 

2805

 

5200

 

2859

 

5300

 

2913

 

5400

 

2967

 

5500

 

3021

 

5600

 

3075

 

5700

 

3129

 

5800

 

3183

 

5900

 

3237

 

6000

 

3291

 

6100

 

3345

 

6200

 

3399

 

6300

 

3453

 

6400

 

3507

 

6500

 

3561

 

6600

 

3615

 

6700

 

3669

 

6800

 

3723

 

6900

 

3777

 

7000

 

3831

 

7100

 

3885

 

7200

 

3939

 

7300

 

3993

 

7400

 

4047

 

7500

 

4101

 

7600

 

4155

 

7700

 

4209

 

7800

 

4263

 

7900

 

4317

 

8000

 

4371

 

8100

 

4425

 

8200

 

4479

 

8300

 

4533

 

8400

 

4587

 

8500

 

4641

 

8600

 

4695

 

8700

 

4749

 

8800

 

4803

 

8900

 

4857

 

9000

 

4911

 

9100

 

4965

 

9200

 

5019

 

9300

 

5073

 

9400

 


Journal of the House - 96th Day - Monday, May 14, 2018 - Top of Page 10431

5127

 

9500

 

5181

 

9600

 

5235

 

9700

 

5289

 

9800

 

5343

 

9900

 

5397

 

10,000

 

5451

 

10,100

 

5505

 

10,200

 

5559

 

10,300

 

5613

 

10,400

 

5667

 

10,500

 

5721

 

10,600

 

5775

 

10,700

 

5729

 

10,800

 

5883

 

10,900

 

5937

 

11,000

 

5991

 

11,100

 

6045

 

11,200

 

6099

 

11,300

 

6153

 

11,400

 

6207

 

11,500

 

6261

 

11,600

 

6315

 

11,700

 

6369

 

11,800

 

6423

 

11,900

 

6477

 

12,000

 

6531

 

12,100

 

6585

 

12,200

 

6639

 

12,300

 

6693

 

12,400

 

6747

 

12,500

 

any amount in excess of 6747

 

12,500

 

 

(c) The maximum monthly service pension amount per month for each year of service credited that may be provided for in the bylaws of the volunteer firefighters relief association must be set pursuant to Minnesota Statutes, section 424A.02, subdivision 3, paragraph (c).

 

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

 

Sec. 30.  MAPLEWOOD FIREFIGHTERS RELIEF ASSOCIATION; TERMINATION AND DISSOLUTION.

 

(a) Notwithstanding any provision of Minnesota Statutes, chapters 424A, 424B, or any other law to the contrary, the Maplewood Firefighters Relief Association will be dissolved and its pension plan terminated in accordance with the provisions of this section following the payment by the relief association of all benefit obligations to all members and deferred members, the discharge of any other legal obligations, and the distribution of all remaining assets of the relief association.

 

(b) Each member of the Maplewood Firefighters Relief Association who was employed as a volunteer firefighter by the Maplewood Fire Department on February 27, 2018, shall become 100 percent vested in the member's retirement benefit determined by taking into account each full year of service and fractional year of service, as defined in the bylaws of the relief association, until the member's separation from service as a volunteer firefighter.  The member will be considered a retired member of the relief association.


Journal of the House - 96th Day - Monday, May 14, 2018 - Top of Page 10432

(c) Each of the members specified in paragraph (b) is entitled to a lump sum benefit in an amount equal to $11,000 multiplied by the number of full and fractional years of service earned by the member.

 

(d) Prior to the distribution of benefits under this section, the Maplewood Firefighters Relief Association shall amend its bylaws to reestablish a defined benefit lump sum service pension plan that provides the benefits described in this section and shall rescind any bylaws inconsistent with this section.  The relief association may amend its bylaws to incorporate any provisions necessary to satisfy tax qualification requirements under the Internal Revenue Code and make any other changes necessary to permit members to elect a direct rollover of their benefit into a retirement account.  Any bylaws amendment shall be approved by a majority of the members of the relief association in attendance at a meeting of the membership held to consider the bylaws amendment.

 

(e) Prior to dissolution, the Maplewood Firefighters Relief Association shall:

 

(1) distribute the retirement benefits of all members and deferred members in the form of a lump sum payment or direct rollover, regardless of the age of the member or deferred member, and otherwise in accordance with this section and the bylaws of the relief association discharge all pension benefit obligations;

 

(2) to the extent authorized under Minnesota Statutes, section 424A.05, subdivision 3, discharge any other legal obligation the relief association owes to any other party; and

 

(3) pay a supplemental lump sum benefit to each member and survivor who satisfies the requirements of Minnesota Statutes, section 424A.10, subdivision 2, except that, notwithstanding any requirements in Minnesota Statutes, section 424A.10, subdivision 2, to the contrary, the benefit shall be paid to a member only if the member had attained at least age 50 as of the date the member received a distribution of the member's retirement benefit under clause (1).

 

(f) The city of Maplewood shall file for and receive reimbursement pursuant to Minnesota Statutes, section 424A.10, subdivision 3, of supplemental benefits paid to any member who had attained at least age 50 as of the date the member received a distribution of the member's retirement benefit under paragraph (e) and to any survivor and deposit the reimbursement in the city's general fund.

 

(g) Upon completion of paragraphs (b) through (e), the Maplewood Firefighters Relief Association shall be dissolved and its affairs wound up in accordance with Minnesota Statutes, section 424B.20, subdivision 5.

 

(h) Upon dissolution of the Maplewood Firefighters Relief Association:

 

(1) the remaining balance in the relief association special fund shall be transferred to the city of Maplewood general fund and none of the relief association special fund may be transferred to the relief association general fund;

 

(2) the remaining balance in the relief association general fund shall be distributed in equal shares to all members; and

 

(3) if the relief association files the financial report and audit required under Minnesota Statutes, section 69.051, subdivision 1, and the state auditor files the certification regarding the relief association with the commissioner of revenue pursuant to Minnesota Statutes, section 6.495, subdivision 3, the Department of Revenue shall pay the fire state aid under Minnesota Statutes, chapter 69, for calendar year 2017 to the city of Maplewood.

 

EFFECTIVE DATE; LOCAL APPROVAL.  The provisions of this section shall take effect only if approved within 45 days of the enactment of this section by:

 

(1) the board of trustees of the Maplewood Firefighters Relief Association;


Journal of the House - 96th Day - Monday, May 14, 2018 - Top of Page 10433

(2) a majority of the members of the relief association in attendance at a meeting of the membership to consider this section; and

 

(3) the Maplewood city council."

 

Page 187, after line 11, insert:

 

"Sec. 32.  RELIEF ASSOCIATION WORK GROUP.

 

(a) The executive director of the Legislative Commission on Pensions and Retirement shall convene a work group immediately following the end of the regular 2018 legislative session to study the following:

 

(1) the statutes governing conversions from a defined benefit plan to a defined contribution plan and aspects of such conversions that are not addressed or that are addressed by statutes that are ambiguous or unclear;

 

(2) the statutes governing dissolution of relief associations and the disposition of surplus assets;

 

(3) the prevalence of overfunded defined benefit relief associations in the state and the status of transitions underway at fire departments in the state from using the services of volunteer firefighters to employing salaried firefighters;

 

(4) alternatives for determining accrued benefits, vesting, and surplus assets upon conversion and for allocating surplus assets among firefighters, the affiliated municipality, or the state in the form of a reversion of fire state aid;

 

(5) alternatives for legislation that amends or supplements the statutes identified in clauses (1) and (2); and

 

(6) any related issues identified by the work group.

 

(b) Members of the work group shall include as many of the following individuals as are available, not to exceed twelve individuals:

 

(1) at least two municipal officials, each from a municipality with an affiliated defined benefit relief association, designated by the League of Minnesota Cities;

 

(2) one representative from the League of Minnesota Cities;

 

(3) at least two fire chiefs, designated by the Minnesota State Fire Chiefs Association, from fire departments that use both volunteers covered by a defined benefit relief association and salaried firefighters covered by the public employees police and fire retirement plan;

 

(4) at least two active volunteer firefighters covered by a defined benefit relief association, designated by the Minnesota State Fire Departments Association;

 

(5) a fire chief or volunteer of an independent nonprofit firefighting corporation affiliated with a defined benefit relief association;

 

(6) one representative of the Office of the State Auditor, designated by the state auditor; and

 

(7) any other individual or individuals designated by the Legislative Commission on Pensions and Retirement.


Journal of the House - 96th Day - Monday, May 14, 2018 - Top of Page 10434

(c) Participation in the activities of the work group shall not be considered lobbying under Minnesota Statutes, chapter 10A.  A municipality or relief association may not retaliate against an individual because of the individual's participation in the work group.

 

(d) The work group shall elect a chair from among its members.

 

(e) The work group shall submit a report by December 31, 2018, that summarizes the findings of the work group and provides the work group's recommendations to the chair and vice-chair of the Legislative Commission on Pensions and Retirement.

 

(f) The work group shall disband as of the end of the 2019 legislative session and any special session thereafter.

 

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

 

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 20, after the semicolon, insert "modifying certain provisions for volunteer firefighter relief associations;"

 

Page 1, line 25, after the semicolon, insert "establishing a relief association working group;"

 

Correct the title numbers accordingly

 

 

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

 

      The report was adopted.

 

 

SECOND READING OF HOUSE BILLS

 

 

      H. F. Nos. 1180, 1440 and 4437 were read for the second time.

 

 

SECOND READING OF SENATE BILLS

 

 

      S. F. Nos. 893, 2869 and 2949 were read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:


Journal of the House - 96th Day - Monday, May 14, 2018 - Top of Page 10435

Drazkowski and Scott introduced:

 

H. F. No. 4497, A bill for an act relating to public safety; authorizing law enforcement agencies to terminate peace officers who have substantiated incidents of dishonest conduct; proposing coding for new law in Minnesota Statutes, chapter 626.

 

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

 

 

Clark and Allen introduced:

 

H. F. No. 4498, A bill for an act relating to economic development; appropriating money for youth development programs in Little Earth.

 

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

 

 

Kunesh-Podein, Clark and Allen introduced:

 

H. F. No. 4499, A bill for an act relating to capital investment; appropriating money for Cedar Avenue public safety improvements; authorizing the sale and issuance of state bonds.

 

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

 

 

Allen and Clark introduced:

 

H. F. No. 4500, A bill for an act relating to public safety; creating the Native American juvenile crime account; establishing grants to address Native American juvenile crime; amending Minnesota Statutes 2016, section 624.714, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 299A.

 

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

 

 

Freiberg; Bahr, C.; Drazkowski; Munson; Liebling; Hornstein; Rosenthal; Garofalo and Lucero introduced:

 

H. F. No. 4501, A bill for an act relating to state government; proposing an amendment to the Minnesota Constitution expanding the prohibition on laws embracing more than one subject.

 

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

 

 

Franke and Clark introduced:

 

H. F. No. 4502, A bill for an act relating to education; health; requiring school districts to conduct radon testing; amending Minnesota Statutes 2016, section 123B.571.

 

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


Journal of the House - 96th Day - Monday, May 14, 2018 - Top of Page 10436

Zerwas introduced:

 

H. F. No. 4503, A bill for an act relating to workers' compensation; modifying coverage for injury due to intoxication; amending Minnesota Statutes 2016, section 176.021, subdivision 1.

 

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

 

 

Zerwas, Hoppe and Anderson, S., introduced:

 

H. F. No. 4504, A bill for an act relating to workers' compensation; modifying plan requirements; amending Minnesota Statutes 2016, section 176.1351, subdivision 1.

 

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

 

 

Anderson, S., introduced:

 

H. F. No. 4505, A bill for an act relating to workers' compensation; extending the commencement of compensation for temporary total or temporary partial disability; amending Minnesota Statutes 2016, section 176.121.

 

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

 

 

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. 730, 2978 and 3168.

 

Cal R. Ludeman, Secretary of the Senate

 

 

FIRST READING OF SENATE BILLS

 

 

S. F. No. 730, A bill for an act relating to health; establishing an opiate stewardship program; establishing an opiate manufacturer registration fee to fund the operation of the prescription monitoring program; requiring a prescriber to access the prescription monitoring program before prescribing a controlled substance; limiting the quantity of opiates and narcotics that can be prescribed for acute pain at any one time; appropriating money;


Journal of the House - 96th Day - Monday, May 14, 2018 - Top of Page 10437

requiring a report; amending Minnesota Statutes 2016, sections 151.01, subdivision 27; 151.252, subdivision 1; 151.47, by adding a subdivision; 152.11, subdivisions 1, 2; 152.126, subdivisions 6, 10; Laws 2017, First Special Session chapter 6, article 12, section 2, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 151.

 

The bill was read for the first time. 

 

Baker moved that S. F. No. 730 and H. F. No. 1440, now on the General Register, be referred to the Chief Clerk for comparison.  The motion prevailed.

 

 

S. F. No. 2978, A bill for an act relating to state government; specifying requirements for state auditor's review of certain audits conducted by CPA firms; amending Minnesota Statutes 2017 Supplement, section 6.481, subdivision 3.

 

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

 

 

S. F. No. 3168, A bill for an act relating to state lands; modifying lease provisions; modifying requirements of public land sales; providing for certain local land use; adding to and deleting from state parks and forests; providing for sales and conveyances of interests in state lands; amending Minnesota Statutes 2016, sections 92.50, by adding a subdivision; 92.502; 94.10, subdivision 2; Minnesota Statutes 2017 Supplement, section 89.17; Laws 2015, chapter 25, section 7; Laws 2017, chapter 93, article 2, section 155, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 103F; repealing Laws 2008, chapter 368, article 1, section 21, subdivision 2.

 

The bill was read for the first time. 

 

Johnson, C., moved that S. F. No. 3168 and H. F. No. 3424, 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 Speaker pro tempore Albright.

 

 

      Lesch was excused between the hours of 12:40 p.m. and 3:05 p.m.

 

 

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 Wednesday, May 16, 2018 and established a prefiling requirement for amendments offered to the following bills:

 

      S. F. No. 327; H. F. Nos. 3610, 3674, 1481 and 3611; S. F. Nos. 2869 and 893; H. F. Nos. 3463 and 3202; S. F. No. 3638; and H. F. No. 3838.


Journal of the House - 96th Day - Monday, May 14, 2018 - Top of Page 10438

CALENDAR FOR THE DAY

 

 

      H. F. No. 4404 was reported to the House.

 

 

Grossell moved to amend H. F. No. 4404, the second engrossment, as follows:

 

Page 27, delete section 17 and insert:

 

"Sec. 17.  VETERANS AFFAIRS

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

 

 

$36,000,000

 

To the commissioner of administration for the purposes specified in this section.

 

Subd. 2.  Asset Preservation

 

 

 

10,000,000

 

For asset preservation improvements and betterments of a capital nature at veterans homes in Minneapolis, Hastings, Fergus Falls, Silver Bay, and Luverne, and the Little Falls Cemetery, to be spent in accordance with Minnesota Statutes, section 16B.307.

 

Subd. 3.  New Veterans Homes

 

 

 

26,000,000

 

(a) $26,000,000 must be transferred to the unrestricted general fund from the general stadium reserve account established by the commissioner of management and budget under Minnesota Statutes, section 297E.021, no later than June 30, 2019.  This is a onetime transfer.

 

(b) $26,000,000 in fiscal year 2019 is appropriated from the general fund as follows:

 

(1) $10,000,000 is to design, construct, furnish, and equip a veterans home in Preston;

 

(2) $6,000,000 is to design, construct, furnish, and equip a veterans home in Montevideo; and

 

(3) $10,000,000 is to design, construct, furnish, and equip a veterans home in Bemidji.

 

(c) These veterans homes are subject to the requirements of the People's Veterans Homes Act, as provided in subdivision 4.  This is a onetime appropriation, and is available until June 30, 2021.  The appropriations are not available until the commissioner of management and budget, in consultation with the commissioner of veterans affairs, determines that amounts sufficient to complete the projects are committed from nonstate sources.


Journal of the House - 96th Day - Monday, May 14, 2018 - Top of Page 10439

Subd. 4.  Veterans Homes Construction

 

 

 

 

 

(a) This subdivision may be cited as the "People's Veterans Homes Act."

 

(b) The commissioner of veterans affairs may apply for federal funding and establish veterans homes with up to 140 beds available to provide a continuum of care, including skilled nursing care, for eligible veterans and their spouses in the following locations:

 

(1) Preston;

 

(2) Montevideo; and

 

(3) Bemidji.

 

(b) The state shall provide the necessary operating costs for the veterans homes in excess of any revenue and federal funding for the homes that may be required to continue the operation of the homes and care for Minnesota veterans.

 

(c) The commissioner of administration may accept contributions of land or money from private individuals, businesses, local governments, veterans service organizations, and other nonstate sources for the purpose of providing matching funding when soliciting federal funding for the development of the homes authorized by this section."

 

 

      A roll call was requested and properly seconded.

 

 

Hortman moved to amend the Grossell amendment to H. F. No. 4404, the second engrossment, as follows:

 

Page 1, line 4, delete "36,000,000" and insert "51,000,000"

 

Page 1, delete subdivision 3 and insert:

 

"Subd. 3.  New Veterans Homes

 

 

 

41,000,000

 

(a) $26,000,000 in fiscal year 2019 and $15,000,000 in fiscal year 2020 must be transferred to the unrestricted general fund from the general stadium reserve account established by the commissioner of management and budget under Minnesota Statutes, section 297E.021.  These are onetime transfers.

 

(b) $26,000,000 in fiscal year 2019 and $15,000,000 in fiscal year 2020 are appropriated from the general fund to fully fund the required 35 percent state match required by the federal government to achieve U.S. Department of Veterans Affairs Priority List Group 1 status for capital projects for veterans' homes as follows:


Journal of the House - 96th Day - Monday, May 14, 2018 - Top of Page 10440

(1) $10,000,000 in fiscal year 2019 and $6,000,000 in fiscal year 2020 to design, construct, furnish, and equip a veterans home in Preston;

 

(2) $6,000,000 in fiscal year 2019 and $3,000,000 in fiscal year 2020 to design, construct, furnish, and equip a veterans home in Montevideo; and

 

(3) $10,000,000 in fiscal year 2019 and $6,000,000 in fiscal year 2020 to design, construct, furnish, and equip a veterans home in Bemidji.

 

(c) These veterans homes are subject to the requirements of the People's Veterans Homes Act, as provided in subdivision 4.  This is a onetime appropriation, and is available until June 30, 2022.  The appropriations are not available until the commissioner of management and budget, in consultation with the commissioner of veterans affairs, determines that amounts sufficient to complete the projects are committed from nonstate sources."

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Hortman amendment to the Grossell amendment and the roll was called.  There were 124 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, P.

Anderson, S.

Anselmo

Backer

Bahr, C.

Baker

Barr, R.

Becker-Finn

Bennett

Bernardy

Bliss

Bly

Carlson, A.

Carlson, L.

Christensen

Clark

Considine

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erickson

Fabian

Fenton

Fischer

Franke

Franson

Freiberg

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Jessup

Johnson, B.

Johnson, C.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Mariani

Marquart

Masin

Maye Quade

McDonald

Metsa

Miller

Moran

Munson

Murphy, E.

Murphy, M.

Nash

Nelson

Neu

Newberger

Nornes

O'Driscoll

Olson

Omar

O'Neill

Peppin

Petersburg

Peterson

Pierson

Pinto

Poppe

Poston

Pryor

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sauke

Schomacker

Schultz

Scott

Smith

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Wagenius

West

Whelan

Wills

Youakim

Zerwas

Spk. Daudt


 

 

      The motion prevailed and the amendment to the amendment was adopted.


Journal of the House - 96th Day - Monday, May 14, 2018 - Top of Page 10441

         The question recurred on the Grossell amendment, as amended, and the roll was called.  There were 124 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, P.

Anderson, S.

Anselmo

Backer

Bahr, C.

Baker

Barr, R.

Becker-Finn

Bennett

Bernardy

Bliss

Bly

Carlson, A.

Carlson, L.

Christensen

Clark

Considine

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erickson

Fabian

Fenton

Fischer

Franke

Franson

Freiberg

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Jessup

Johnson, B.

Johnson, C.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Mariani

Marquart

Masin

Maye Quade

McDonald

Metsa

Miller

Moran

Munson

Murphy, E.

Murphy, M.

Nash

Nelson

Neu

Newberger

Nornes

O'Driscoll

Olson

Omar

O'Neill

Peppin

Petersburg

Peterson

Pierson

Pinto

Poppe

Poston

Pryor

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sauke

Schomacker

Schultz

Scott

Smith

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Wagenius

West

Whelan

Wills

Youakim

Zerwas

Spk. Daudt


 

 

      The motion prevailed and the amendment, as amended, was adopted.

 

 

Hansen moved to amend H. F. No. 4404, the second engrossment, as amended, as follows:

 

Page 34, after line 5, insert:

 

"Subd. 20.  West St. Paul - Robert Street Reimbursement

 

 

1,000,000

 

$500,000 in fiscal year 2020 and $500,000 in fiscal year 2021 are from the general fund for a grant to the city of West St. Paul to reimburse the city for capital expenditures related to the acquisition, equipping, and installation of traffic signals necessary for the reconstruction of marked Trunk Highway 952A (Robert Street).  This appropriation does not require a local match."

 

Page 65, delete section 32

 

Renumber the sections and subdivisions in sequence and correct the internal references

 

Amend the title accordingly

 

Adjust amounts accordingly

 

 

      A roll call was requested and properly seconded.


Journal of the House - 96th Day - Monday, May 14, 2018 - Top of Page 10442

CALL OF THE HOUSE

 

      On the motion of Hortman and on the demand of 10 members, a call of the House was ordered.  The following members answered to their names:

 


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

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erickson

Fabian

Fenton

Fischer

Flanagan

Franke

Franson

Freiberg

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Jessup

Johnson, B.

Johnson, C.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Mariani

Marquart

Masin

Maye Quade

McDonald

Metsa

Miller

Moran

Munson

Murphy, E.

Murphy, M.

Nash

Nelson

Neu

Newberger

Nornes

O'Driscoll

Olson

Omar

O'Neill

Pelowski

Peppin

Petersburg

Peterson

Pierson

Pinto

Poppe

Poston

Pryor

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sauke

Schomacker

Schultz

Scott

Smith

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Wagenius

West

Whelan

Wills

Youakim

Zerwas

Spk. Daudt


 

 

      All members answered to the call and it was so ordered.

 

 

      The question recurred on the Hansen amendment and the roll was called.  There were 53 yeas and 74 nays as follows:

 

      Those who voted in the affirmative were:

 


Allen

Applebaum

Barr, R.

Becker-Finn

Bernardy

Bly

Carlson, A.

Carlson, L.

Clark

Considine

Davnie

Dehn, R.

Ecklund

Fischer

Flanagan

Franke

Freiberg

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Johnson, C.

Jurgens

Koegel

Kunesh-Podein

Lee

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

Maye Quade

Metsa

Moran

Murphy, E.

Murphy, M.

Nelson

Olson

Omar

Pelowski

Pinto

Poppe

Pryor

Rosenthal

Sauke

Schultz

Sundin

Wagenius

Youakim


 

      Those who voted in the negative were:

 


Albright

Anderson, P.

Anderson, S.

Anselmo

Backer

Bahr, C.

Baker

Bennett

Bliss

Christensen

Daniels

Davids

Dean, M.

Dettmer

Drazkowski

Erickson

Fabian

Fenton

Franson

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Hamilton

Heintzeman

Hertaus

Hoppe

Howe

Jessup

Johnson, B.

Kiel

Knoblach

Koznick

Kresha

Layman

Lohmer

Loon

Loonan

Lucero

Lueck

McDonald

Miller

Munson

Nash

Neu

Newberger


Journal of the House - 96th Day - Monday, May 14, 2018 - Top of Page 10443

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Peterson

Pierson

Poston

Pugh

Quam

Rarick

Runbeck

Schomacker

Scott

Smith

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

West

Whelan

Wills

Zerwas

Spk. Daudt


 

 

      The motion did not prevail and the amendment was not adopted.

 

 

CALL OF THE HOUSE LIFTED

 

      Peppin moved that the call of the House be lifted.  The motion prevailed and it was so ordered.

 

 

Hansen moved to amend H. F. No. 4404, the second engrossment, as amended, as follows:

 

Page 24, line 28, delete "5,000,000" and insert "3,475,000"

 

Page 35, after line 35, insert:

 

"Subd. 5.  West St. Paul Infrastructure

 

 

 

1,525,000

 

For a grant to the city of West St. Paul.  Of this amount, up to $300,000 is to design upgrades of Lift Stations 2, 3, 4, and 6, including replacement of the force mains; and up to $1,225,000 is for upgrades to Lift Station 1 and to replace the force main.  This project includes predesign, design, acquisition, and installation of replacement equipment, fixtures, and controls, and to predesign, design, and construct improvements to the Lift Station 1 building itself, and to construct a wet well outside of the building."

 

Adjust amounts accordingly

 

 

      The motion did not prevail and the amendment was not adopted.

 

 

Urdahl moved to amend H. F. No. 4404, the second engrossment, as amended, as follows:

 

Page 13, delete subdivision 6 and insert:

 

"Subd. 6.  Elk River - Lake Orono

 

 

 

1,500,000

 

For a grant to the city of Elk River to dredge Lake Orono."

 

Page 14, line 17, delete "20,300,000" and insert "13,800,000"

 

Page 15, line 11, delete "7,000,000" and insert "500,000"


Journal of the House - 96th Day - Monday, May 14, 2018 - Top of Page 10444

Page 16, after line 17, insert:

 

"(e) Of this appropriation, up to $1,000,000 may be used to acquire working lands easements."

 

Page 21, line 7, delete "91,921,000" and insert "90,721,000"

 

Page 22, after line 14, insert:

 

"Of this amount, $9,000,000 for a grant to Carver County following a jurisdictional transfer to Carver County of the affected segment of marked Trunk Highway 101.  The appropriation may be used for design, right-of-way acquisition, engineering, and reconstruction of the segment transferred to the county that is between Pioneer Trail and Flying Cloud Drive, including grade separation of a multipurpose pedestrian and bicycle trail from the segment for the Minnesota River Bluffs Regional Trail and a regional trail along marked Trunk Highway 101."

 

Page 22, delete lines 18 to 29 and insert:

 

"For design, right-of-way acquisition, construction engineering, construction, and equipping the interchange at Hennepin County State-Aid Highway 9 and marked Interstate Highway 494, including replacing the County State-Aid Highway 9 bridge over marked Interstate Highway 494 and the ramps connecting County State-Aid Highway 9 and marked Interstate Highway 494, notwithstanding any provisions of Minnesota Statutes section 174.52, or rule to the contrary.  Of this appropriation, $5,360,000 is from the bond proceeds account in the state transportation fund for a grant to the city of Plymouth, Hennepin County, or both, and $5,360,000 is from the bond proceeds account in the trunk highway fund.""

 

Page 23, after line 2, insert:

 

"Subd. 5.  Rail crossing improvements

 

 

 

1,200,000

 

For one or more grants to Hennepin County or the affected city in the county to construct railroad crossing safety improvements in Hennepin County.  Of this amount, 350,000 is for crossings at Townline Road and marked County Road 19 in the city of Loretto; $450,000 is for crossings at marked Road 116/County Road 115 and Arrowhead Drive in the city of Medina; and $400,000 is for crossings at East Lake Street and Barry Avenue in the city of Wayzata."

 

Page 25, line 34, delete "54,650,000" and insert "56,850,000"


Journal of the House - 96th Day - Monday, May 14, 2018 - Top of Page 10445

Page 26, after line 9, insert:

 

"Subd. 3.  St. Peter Regional Treatment Center Campus - Dietary Building HVAC and Electrical Replacement

 

 

 

2,200,000

 

To predesign, design, engineer, and renovate the mechanical and electrical systems in the Dietary Building on the St. Peter Regional Treatment Center campus, including:  the upgrade, replacement, and improvement of existing heating and ventilation equipment; installation of air-conditioning equipment; replacement of the building's outdated and undersized electrical system; design and abatement of asbestos and hazardous materials; and structural, site, and utility work necessary to support the project."

 

Page 27, line 2, after the period, insert "The city of Minneapolis may operate a center providing services for Minnesota victims of sex trafficking; trauma-informed counseling services; early learning programming and therapeutic childcare; and statewide training for professionals and community leaders."

 

Page 31, after line 26, insert:

 

"Subd. 13.  Minneapolis American Indian Center

 

 

 

5,000,000

 

From the general fund for a grant to design, construct, furnish, and equip the renovation and expansion of the center on Franklin Avenue.  This project includes:  demolition work; improvements and additions to, or replacement of, the mechanical, electrical, plumbing, heating, ventilating, and air conditioning systems; repairs to the existing roof and exterior enclosure; required site improvements; general renovation of interior spaces; and expansion of the cafe space, the event spaces, and the performance spaces."

 

Page 36, line 2, delete "6,700,000" and insert "10,000,000"

 

Page 39, after line 4, insert:

 

"Sec. 27.  TRUNK HIGHWAY BOND APPROPRIATIONS, AUTHORIZATION TAKE EFFECT ONLY ONCE.

 

If an appropriation from the bond proceeds account in the trunk highway fund, and a corresponding authorization to sell trunk highway bonds, for the same purpose as in this act is enacted more than once in the 2018 legislative session, the appropriation and bond sale authorization must be given effect only once.  If the appropriation and authorization for the same purpose are for different amounts, the highest of the amounts is the one to be given effect."

 

Renumber the subdivisions and sections in sequence and correct the internal references

 

Amend the title accordingly

 

Adjust amounts accordingly

 

 

      A roll call was requested and properly seconded.


Journal of the House - 96th Day - Monday, May 14, 2018 - Top of Page 10446

Urdahl moved to amend the Urdahl amendment to H. F. No. 4404, the second engrossment, as amended, as follows:

 

Page 4, after line 9, insert:

 

"Page 53, after line 25, insert:

 

"Sec. 20.  Laws 2017, First Special Session chapter 3, article 1, section 2, subdivision 3, is amended to read:

 

Subd. 3.  State Roads

 

 

 

 

 

(a) Operations and Maintenance

 

340,475,000

 

329,435,000

 

The base is $317,102,000 in fiscal year 2020 and $310,889,000 in fiscal year 2021.

 

(b) Program Planning and Delivery

 

 

 

 

 

(1) Planning and Research

 

34,107,000

 

32,403,000

 

If a balance remains of this appropriation, the commissioner may transfer up to that amount for program delivery under clause (2).

 

Up to $600,000 in the first year is for the highway construction costs and cost inflation study under article 3, section 133.  This is a onetime appropriation.

 

$130,000 in each year is available for administrative costs of the targeted group business program.

 

$266,000 in each year is available for grants to metropolitan planning organizations outside the seven-county metropolitan area.

 

$900,000 in each year is available for grants for transportation studies outside the metropolitan area to identify critical concerns, problems, and issues.  These grants are available:

 

(1) to regional development commissions;

 

(2) in regions where no regional development commission is functioning, to joint powers boards established under agreement of two or more political subdivisions in the region to exercise the planning functions of a regional development commission; and

 

(3) in regions where no regional development commission or joint powers board is functioning, to the Department of Transportation district office for that region.

 

The base is $31,375,000 in fiscal year 2020 and $30,858,000 in fiscal year 2021.


Journal of the House - 96th Day - Monday, May 14, 2018 - Top of Page 10447

(2) Program Delivery

 

229,148,000

 

222,845,000

 

This appropriation includes use of consultants to support development and management of projects.

 

Up to $140,000 in the first year is for development, implementation, and reporting on project selection policy under article 3, section 124.  This is a onetime appropriation.

 

$1,000,000 in each year is available for management of contaminated and regulated material on property owned by the Department of Transportation, including mitigation of property conveyances, facility acquisition or expansion, chemical release at maintenance facilities, and spills on the trunk highway system where there is no known responsible party.  If the appropriation for either year is insufficient, the appropriation for the other year is available for it.

 

The base is $214,623,000 in fiscal year 2020 and $210,481,000 in fiscal year 2021.

 

(c) State Road Construction

 

1,003,010,000

 

884,101,000

 

This appropriation is for the actual construction, reconstruction, and improvement of trunk highways, including design-build contracts, internal department costs associated with delivering the construction program, consultant usage to support these activities, and the cost of actual payments to landowners for lands acquired for highway rights-of-way, payment to lessees, interest subsidies, and relocation expenses.

 

This appropriation includes federal highway aid.

 

The commissioner may expend up to one-half of one percent of the federal appropriations under this paragraph as grants to opportunity industrialization centers and other nonprofit job training centers for job training programs related to highway construction.

 

The commissioner may transfer up to $15,000,000 each year to the transportation revolving loan fund.

 

The commissioner may receive money covering other shares of the cost of partnership projects.  These receipts are appropriated to the commissioner for these projects.

 

The base is $864,295,000 in fiscal year 2020 and $849,282,000 in fiscal year 2021.


Journal of the House - 96th Day - Monday, May 14, 2018 - Top of Page 10448

(d) Corridors of Commerce

 

25,000,000

 

25,000,000

 

This appropriation is for the corridors of commerce program under Minnesota Statutes, section 161.088.

 

The commissioner may use up to 17 percent of the amount each year for program delivery.

 

(e) Highway Debt Service

 

224,079,000

 

242,325,000 244,791,000

 

$214,579,000 in fiscal year 2018 and $232,825,000 $235,291,000 in fiscal year 2019 are for transfer to the state bond fund.  If this appropriation is insufficient to make all transfers required in the year for which it is made, the commissioner of management and budget must transfer the deficiency amount under the statutory open appropriation and notify the chairs, ranking minority members, and staff of the legislative committees with jurisdiction over transportation finance and the chairs of the senate Finance Committee and the house of representatives Ways and Means Committee of the amount of the deficiency.  Any excess appropriation cancels to the trunk highway fund.

 

(f) Statewide Radio Communications

 

5,648,000

 

5,829,000

 

Appropriations by Fund

 

 

2018

2019

 

General

3,000

3,000

Trunk Highway

5,645,000

5,826,000

 

$3,000 in each year is from the general fund to equip and operate the Roosevelt signal tower for Lake of the Woods weather broadcasting.""

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment to the amendment was adopted.

 

 

      Hortman offered an amendment to the Urdahl amendment, as amended, to H. F. No. 4404, the second engrossment, as amended.


Journal of the House - 96th Day - Monday, May 14, 2018 - Top of Page 10449

POINT OF ORDER

 

      Kresha raised a point of order pursuant to rule 4.03, relating to Ways and Means Committee; Budget Resolution; Effect on Expenditure and Revenue Bills, that the Hortman amendment to the Urdahl amendment, as amended, was not in order.  Speaker pro tempore Albright ruled the point of order well taken and the Hortman amendment to the Urdahl amendment, as amended, out of order.

 

 

      Hansen offered an amendment to the Urdahl amendment, as amended, to H. F. No. 4404, the second engrossment, as amended.

 

 

POINT OF ORDER

 

      Kresha raised a point of order pursuant to rule 4.03, relating to Ways and Means Committee; Budget Resolution; Effect on Expenditure and Revenue Bills, that the Hansen amendment to the Urdahl amendment, as amended, was not in order.  Speaker pro tempore Albright ruled the point of order well taken and the Hansen amendment to the Urdahl amendment, as amended, out of order.

 

 

      Hansen offered an amendment to the Urdahl amendment, as amended, to H. F. No. 4404, the second engrossment, as amended.

 

POINT OF ORDER

 

      Kresha raised a point of order pursuant to rule 4.03, relating to Ways and Means Committee; Budget Resolution; Effect on Expenditure and Revenue Bills, that the Hansen amendment to the Urdahl amendment, as amended, was not in order.  Speaker pro tempore Albright ruled the point of order well taken and the Hansen amendment to the Urdahl amendment, as amended, out of order.

 

 

      Hansen offered an amendment to the Urdahl amendment, as amended, to H. F. No. 4404, the second engrossment, as amended.

 

 

POINT OF ORDER

 

      Kresha raised a point of order pursuant to rule 4.03, relating to Ways and Means Committee; Budget Resolution; Effect on Expenditure and Revenue Bills, that the Hansen amendment to the Urdahl amendment, as amended, was not in order.  Speaker pro tempore Albright ruled the point of order well taken and the Hansen amendment to the Urdahl amendment, as amended, out of order.

 

 

      Pelowski was excused between the hours of 2:05 p.m. and 4:55 p.m.

 

 

      Hansen offered an amendment to the Urdahl amendment, as amended, to H. F. No. 4404, the second engrossment, as amended.


Journal of the House - 96th Day - Monday, May 14, 2018 - Top of Page 10450

POINT OF ORDER

 

      Kresha raised a point of order pursuant to rule 4.03, relating to Ways and Means Committee; Budget Resolution; Effect on Expenditure and Revenue Bills, that the Hansen amendment to the Urdahl amendment, as amended, was not in order.  Speaker pro tempore Albright ruled the point of order well taken and the Hansen amendment to the Urdahl amendment, as amended, out of order.

 

 

      Hansen offered an amendment to the Urdahl amendment, as amended, to H. F. No. 4404, the second engrossment, as amended.

 

 

POINT OF ORDER

 

      Kresha raised a point of order pursuant to rule 4.03, relating to Ways and Means Committee; Budget Resolution; Effect on Expenditure and Revenue Bills, that the Hansen amendment to the Urdahl amendment, as amended, was not in order.  Speaker pro tempore Albright ruled the point of order well taken and the Hansen amendment to the Urdahl amendment, as amended, out of order.

 

 

      The question recurred on the Urdahl amendment, as amended, and the roll was called.  There were 97 yeas and 29 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, P.

Anderson, S.

Anselmo

Backer

Bahr, C.

Baker

Barr, R.

Becker-Finn

Bennett

Bernardy

Bliss

Carlson, L.

Christensen

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Erickson

Fabian

Fenton

Flanagan

Franke

Franson

Freiberg

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Hamilton

Hausman

Heintzeman

Hertaus

Hoppe

Howe

Jessup

Johnson, B.

Johnson, C.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Mariani

Masin

Maye Quade

McDonald

Miller

Munson

Murphy, M.

Nash

Neu

Newberger

Nornes

O'Driscoll

Omar

O'Neill

Peppin

Petersburg

Peterson

Pierson

Poston

Pugh

Quam

Rarick

Runbeck

Schomacker

Scott

Smith

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

West

Whelan

Wills

Zerwas

Spk. Daudt


 

      Those who voted in the negative were:

 


Applebaum

Bly

Carlson, A.

Clark

Considine

Ecklund

Fischer

Halverson

Hansen

Hilstrom

Hornstein

Hortman

Lien

Lillie

Marquart

Metsa

Moran

Murphy, E.

Nelson

Olson

Pinto

Poppe

Pryor

Rosenthal

Sauke

Schultz

Sundin

Wagenius

Youakim


 

 

      The motion prevailed and the amendment, as amended, was adopted.


Journal of the House - 96th Day - Monday, May 14, 2018 - Top of Page 10451

         The Speaker resumed the Chair.

 

 

      H. F. No. 4404, 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.86, subdivision 4; 16B.335, subdivision 1; 16B.35, by adding a subdivision; 462A.37, subdivisions 1, 2, by adding a subdivision; Minnesota Statutes 2017 Supplement, sections 219.016, subdivision 4; 222.49; 326B.124; 446A.073, subdivision 1; 462A.37, subdivision 5; Laws 2009, chapter 93, article 1, section 14, subdivision 3, as amended; Laws 2014, chapter 294, article 1, sections 5, subdivision 3; 21, subdivision 12, as amended; 22, subdivision 5; Laws 2014, chapter 295, section 9; Laws 2015, First Special Session chapter 5, article 1, section 10, subdivision 3, as amended; Laws 2017, First Special Session chapter 8, article 1, sections 6, subdivision 6; 15, subdivisions 3, 6, 11, 13; 16, subdivision 7; 17, subdivision 9; 19, subdivision 3; 20, subdivision 21; 21, subdivision 8; 23, subdivision 3; 27; proposing coding for new law in Minnesota Statutes, chapters 174; 446A.

 

 

      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 84 yeas and 39 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, P.

Anderson, S.

Anselmo

Backer

Baker

Barr, R.

Becker-Finn

Bennett

Bliss

Carlson, L.

Christensen

Clark

Considine

Daniels

Davids

Dean, M.

Dettmer

Erickson

Fabian

Fenton

Flanagan

Franke

Franson

Freiberg

Garofalo

Grossell

Gruenhagen

Gunther

Haley

Hamilton

Hausman

Heintzeman

Hertaus

Hoppe

Howe

Jessup

Johnson, B.

Jurgens

Kiel

Knoblach

Koznick

Kresha

Kunesh-Podein

Layman

Lillie

Lohmer

Loon

Loonan

Lucero

Lueck

McDonald

Miller

Murphy, M.

Nash

Neu

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Peterson

Pierson

Poppe

Poston

Pugh

Rarick

Runbeck

Schomacker

Scott

Smith

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

West

Whelan

Wills

Zerwas

Spk. Daudt


 

      Those who voted in the negative were:

 


Applebaum

Bahr, C.

Bernardy

Bly

Carlson, A.

Davnie

Dehn, R.

Drazkowski

Ecklund

Fischer

Green

Halverson

Hansen

Hilstrom

Hornstein

Hortman

Johnson, C.

Koegel

Lee

Lien

Loeffler

Mahoney

Mariani

Marquart

Masin

Maye Quade

Metsa

Moran

Munson

Murphy, E.

Nelson

Omar

Pinto

Pryor

Rosenthal

Sauke

Sundin

Wagenius

Youakim


 

 

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


Journal of the House - 96th Day - Monday, May 14, 2018 - Top of Page 10452

ANNOUNCEMENT BY THE SPEAKER

PURSUANT TO RULE 1.15(c)

 

      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. 2746 and 3548.

 

 

CALENDAR FOR THE DAY, Continued

 

 

      H. F. No. 3380 was reported to the House.

 

 

Scott moved to amend H. F. No. 3380, the first engrossment, as follows:

 

Page 1, delete section 3

 

Page 2, delete section 4

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.

 

 

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

 

 

      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 125 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

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erickson

Fabian

Fenton

Fischer

Flanagan

Franke

Franson

Freiberg

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Jessup

Johnson, B.

Johnson, C.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lien

Lillie


Journal of the House - 96th Day - Monday, May 14, 2018 - Top of Page 10453

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Mariani

Marquart

Masin

Maye Quade

McDonald

Metsa

Miller

Moran

Munson

Murphy, E.

Murphy, M.

Nash

Nelson

Neu

Newberger

Nornes

O'Driscoll

Olson

Omar

O'Neill

Peppin

Petersburg

Peterson

Pierson

Pinto

Poppe

Poston

Pryor

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sauke

Schomacker

Schultz

Scott

Smith

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Wagenius

West

Whelan

Wills

Youakim

Zerwas

Spk. Daudt


 

 

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

 

 

      Lillie; Murphy, E., and Scott were excused for the remainder of today's session.

 

 

      S. F. No. 3245, A bill for an act relating to energy; modifying the energy improvements program; providing consumer protections for residential property assessed clean energy (PACE) loans; providing remedies; amending Minnesota Statutes 2016, sections 45.011, subdivision 1; 46.04, subdivision 1; 46.131, subdivisions 1, 2, 4; 216C.435, subdivisions 1, 2, 3a, 6, 8, by adding subdivisions; 216C.436, subdivisions 1, 2, 5, 7, 8, 9, by adding a subdivision; 290B.03, subdivision 1; 429.011, subdivision 2a; 429.021, subdivision 1; 429.101, subdivision 1; 462A.05, subdivision 14b; Minnesota Statutes 2017 Supplement, section 46.131, subdivision 11; proposing coding for new law in Minnesota Statutes, chapter 216C; repealing Minnesota Statutes 2016, section 216C.435, subdivision 5.

 

 

      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 123 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

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erickson

Fabian

Fenton

Fischer

Flanagan

Franke

Franson

Freiberg

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Jessup

Johnson, B.

Johnson, C.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lien

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Mariani

Marquart

Masin

Maye Quade

McDonald

Metsa

Miller

Moran

Munson

Murphy, M.

Nash

Nelson

Neu

Newberger

Nornes

O'Driscoll

Olson

Omar

O'Neill

Peppin

Petersburg

Peterson

Pierson

Pinto

Poppe

Poston

Pryor

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sauke

Schomacker

Schultz


Journal of the House - 96th Day - Monday, May 14, 2018 - Top of Page 10454

Smith

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Wagenius

West

Whelan

Wills

Youakim

Zerwas

Spk. Daudt


 

 

      The bill was passed and its title agreed to.

 

 

      H. F. No. 3221 was reported to the House.

 

 

Garofalo moved to amend H. F. No. 3221, the first engrossment, as follows:

 

Page 6, after line 9, insert:

 

"Sec. 9.  Minnesota Statutes 2016, section 204B.45, subdivision 1, is amended to read:

 

Subdivision 1.  Authorization.  A town of any size not located in a metropolitan county as defined by section 473.121, or a city having fewer than 400 registered voters on June 1 of an election year and not located in a metropolitan county as defined by section 473.121, may provide balloting by mail at any municipal, county, or state election with no polling place other than the office of the auditor or clerk or other locations designated by the auditor or clerk.  The governing body may apply to the county auditor for permission to conduct balloting by mail.  The county board may provide for balloting by mail in unorganized territory.  The governing body of any municipality may designate for mail balloting any precinct having fewer than 100 registered voters, subject to the approval of the county auditor.

 

Voted ballots may be returned in person to any location designated by the county auditor or municipal clerk.

 

EFFECTIVE DATE.  This section is effective January 1, 2019, and applies to elections conducted on or after that date."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.

 

 

      The Speaker called Albright to the Chair.

 

 

      H. F. No. 3221, A bill for an act relating to elections; making technical and policy changes to various election and election administration provisions; amending Minnesota Statutes 2016, sections 201.225, subdivision 2; 203B.081, subdivisions 1, 2; 203B.121, subdivision 4; 204B.35, by adding a subdivision; 204B.46; 204C.21, subdivision 1; 204C.24, subdivision 1; 204C.36, subdivision 1; 204D.19, by adding a subdivision; 204D.21, subdivision 3; 204D.27, subdivision 5; 206.80; 206.86, by adding a subdivision; 206.90, subdivision 6; 207A.14, subdivision 2; 367.25, subdivision 1; Minnesota Statutes 2017 Supplement, sections 201.121, subdivision 3; 204B.09, subdivision 3; 204B.16, subdivision 1.

 

 

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


Journal of the House - 96th Day - Monday, May 14, 2018 - Top of Page 10455

         The question was taken on the passage of the bill and the roll was called.  There were 124 yeas and 1 nay 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.

Clark

Considine

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erickson

Fabian

Fenton

Fischer

Flanagan

Franke

Franson

Freiberg

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Jessup

Johnson, B.

Johnson, C.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Lien

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Mariani

Marquart

Masin

Maye Quade

McDonald

Metsa

Miller

Moran

Munson

Murphy, M.

Nash

Nelson

Neu

Newberger

Nornes

O'Driscoll

Olson

Omar

O'Neill

Peppin

Petersburg

Peterson

Pierson

Pinto

Poppe

Poston

Pryor

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sauke

Schomacker

Schultz

Slocum

Smith

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Wagenius

West

Whelan

Wills

Youakim

Zerwas

Spk. Daudt


 

      Those who voted in the negative were:

 


Christensen


 

 

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

 

 

      H. F. No. 3799 was reported to the House.

 

 

Hoppe moved to amend H. F. No. 3799, the first engrossment, as follows:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2016, section 60B.03, subdivision 15, is amended to read:

 

Subd. 15.  Insolvency or insolvent.  "Insolvency" or "insolvent" means:

 

(a) For an insurer organized under sections 67A.01 to 67A.26, the inability to pay any uncontested debt as it becomes due.

 

(b) For purposes of a liquidation under section 64B.43, subdivision 4, a fraternal authorized control level event under circumstances the commissioner determines will not be promptly remedied pursuant to the plan submitted under section 64B.43, subdivision 3, a society's inability to pay its debts or meet its obligations as they mature, or that a society's assets do not exceed its liabilities plus the greater of any surplus required by law to be constantly maintained.


Journal of the House - 96th Day - Monday, May 14, 2018 - Top of Page 10456

(b) (c) For any other insurer, that it is unable to pay its debts or meet its obligations as they mature or that its assets do not exceed its liabilities plus the greater of (1) any capital and surplus required by law to be constantly maintained, or (2) its authorized and issued capital stock.  For purposes of this subdivision, "assets" includes one‑half of the maximum total assessment liability of the policyholders of the insurer, and "liabilities" includes reserves required by law.  For policies issued on the basis of unlimited assessment liability, the maximum total liability, for purposes of determining solvency only, shall be deemed to be that amount that could be obtained if there were 100 percent collection of an assessment at the rate of ten mills per dollar of insurance written by it and in force.

 

Sec. 2.  Minnesota Statutes 2016, section 64B.19, subdivision 4a, is amended to read:

 

Subd. 4a.  Notice of extra assessments.  In the event that a society intends to make extra assessments, as provided in subdivision 4, it shall provide notice of the assessments it plans to make to the commissioner, and to the commissioner insurance regulator of its state of domicile if it is a foreign society, at least 90 days before the effective date of the assessments.

 

Sec. 3.  Minnesota Statutes 2016, section 64B.19, is amended by adding a subdivision to read:

 

Subd. 4b.  Disapproval.  Within 60 days of filing, the commissioner may disapprove the assessment of a domestic society that has had a fraternal action level event under section 64B.42, or a fraternal authorized control level event under section 64B.43, if the commissioner determines that the assessment was not duly adopted, is not in the best interests of the benefit members, or does not materially improve the long-term viability of the society.  The commissioner may approve an earlier effective date for the assessment.

 

Sec. 4.  Minnesota Statutes 2016, section 64B.43, is amended to read:

 

64B.43 FRATERNAL AUTHORIZED CONTROL LEVEL EVENT; DOMESTIC SOCIETIES.

 

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

 

(b) "Fraternal authorized control level event" means any of the following events:

 

(1) the filing of a risk-based capital report by the society that indicates that the society's total adjusted capital is less than its fraternal authorized control level risk-based capital;

 

(2) the notification by the commissioner to the society of an adjusted risk-based capital report that indicates the event in clause (1), provided the society does not challenge the adjusted risk-based capital report under section 64B.44;

 

(3) if, pursuant to section 64B.44, the society challenges an adjusted risk-based capital report that indicates the event in clause (1), notification by the commissioner to the society that the commissioner has, after a hearing, rejected the society's challenge;

 

(4) the failure of the society to respond, in a manner satisfactory to the commissioner, to a corrective order, provided the society has not challenged the corrective order under section 64B.44;

 

(5) if the society has challenged a corrective order under section 64B.44 and the commissioner has, after a hearing, rejected the challenge or modified the corrective order, the failure of the society to respond, in a manner satisfactory to the commissioner, to the corrective order subsequent to rejection or modification by the commissioner;


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(6) the failure of the society to submit a risk-based capital plan to the commissioner within the time period in section 64B.42;

 

(7) notification by the commissioner to the society that:

 

(i) the risk-based capital plan or revised risk-based capital plan submitted by the society is, in the judgment of the commissioner, unsatisfactory; and

 

(ii) the society has not challenged the determination under section 64B.44;

 

(8) if, pursuant to section 64B.44, the society challenges a determination by the commissioner under the notification by the commissioner to the society that the commissioner has, after a hearing, rejected the challenge;

 

(9) notification by the commissioner to the society that the society has failed to adhere to its risk-based capital plan or revised risk-based capital plan, but only if the failure has a substantial adverse effect on the ability of the society to eliminate the fraternal action level event according to its risk-based capital plan or revised risk-based capital plan and the commissioner has so stated in the notification, provided the society has not challenged the determination under section 64B.44; or

 

(10) if, pursuant to section 64B.44, the society challenges a determination by the commissioner under clause (9), the notification by the commissioner to the society that the commissioner has, after a hearing, rejected the challenge.

 

(c) "Society" means a domestic fraternal benefit society organized and operated under the laws of this state.

 

Subd. 2.  Commissioner's duties.  In the event of a fraternal authorized control level event with respect to a society, the commissioner shall:

 

(1) take the actions required under section 64B.42 regarding a society with respect to which a fraternal action level event has occurred; or

 

(2) if the commissioner considers it to be in the best interests of the certificate holders of the society, require the society to take one or more of the following actions:

 

(i) merge or otherwise consolidate with another willing authorized society;

 

(ii) cede any individual risk or risks, in whole or in part, to a willing society or life insurer;

 

(iii) suspend the issuance of new business; and

 

(iv) discontinue its insurance operations; or

 

(3) take the actions necessary to cause the society to be placed under regulatory control under chapter 60B.  In the event the commissioner takes these actions, the fraternal authorized control level event is considered sufficient grounds for the commissioner to take action under chapter 60B, and the commissioner has the rights, powers, and duties with respect to the society set forth in chapter 60B.  In the event the commissioner takes actions under this clause pursuant to an adjusted risk-based capital report, the society is entitled to the protections afforded to societies under section 60B.11 pertaining to summary proceedings.

 

Subd. 3.  Plan to transfer members.  (a) Within 45 days of a fraternal authorized control level event with respect to a society, the society shall present to the commissioner a plan to protect the interests of its members.  The plan shall include transferring all members, certificates, and related assets and liabilities of the society, together with


Journal of the House - 96th Day - Monday, May 14, 2018 - Top of Page 10458

any other assets and liabilities the society desires to transfer, to another firm, corporation, or organization through merger, consolidation, assumption, or other means.  Any transfer shall constitute a novation of the transferring society's certificates effective upon the date of transfer.  The commissioner shall review the plan within 45 days of its submission and may approve the plan within that time frame if the plan provides sound financial security for the payment of obligations arising under the certificates of the society and is otherwise in the best interest of the members.

 

(b) The transfer shall be:

 

(1) concluded within the time frame established by the commissioner, which shall not exceed 90 days;

 

(2) approved by the society upon majority vote of its board of directors prior to the submission of the plan to the commissioner; and

 

(3) effective notwithstanding the provisions of section 64B.14 or any other requirement of statute or rule or the laws of the society requiring another form of notice to members or approval by the supreme governing body.

 

Any notice to or approval of a transfer required by the laws of the society or statute or rule shall be suspended by this subdivision.

 

(c) Upon application, the commissioner may approve a transfer under this subdivision to a foreign fraternal benefit society that does not have a certificate of authority to transact insurance in this state if the foreign fraternal benefit society is authorized to transact insurance by and is domiciled in a state accredited by the National Association of Insurance Commissioners.  If the commissioner determines that the foreign fraternal benefit society has sufficient financial strength and servicing capabilities to satisfy the obligations arising under the transferring society's certificates, the commissioner may issue an order to authorize the foreign fraternal benefit society to service the certificates resulting from a transfer, including issuing any amendments or revisions requested by the holder of the certificate and to fulfill all obligations arising under the certificate, but not to otherwise transact insurance business in this state.

 

(d) Upon the effective date of a transfer to an insurer with a certificate of authority to do business in this state and in consideration of that transfer, each member of the society shall be deemed to agree that any terms of a certificate subjecting the certificate to the laws of the society or providing rights or obligations of membership, except to the extent of any outstanding lien not released by the terms of the transfer, shall be null and void and the insurer shall endorse the certificates accordingly.

 

(e) Upon the effective date of a transfer to a firm, corporation, or organization that is not a fraternal benefit society and in consideration of that transfer, each member of the society shall be deemed to agree that any terms of a certificate subjecting the certificate to the laws of the society or providing rights or obligations of membership, except to the extent of any outstanding lien not released by the terms of the transfer, shall be null and void and the firm, corporation, or organization shall endorse the certificates accordingly.

 

(f) The board of directors of a society may suspend or modify its qualifications for membership as necessary or appropriate to facilitate a transfer under this subdivision, notwithstanding the laws of the society or any statute or rule to the contrary.

 

(g) Each society shall amend their laws to permit the transactions contemplated by this subdivision, including suspending any provisions requiring any notice to members or approval of the supreme governing body with respect to the transfer of its certificates and policies, if the society has a fraternal authorized control level event and the transfer is approved by the commissioner.


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Subd. 4.  Liquidation.  (a) In the event of a fraternal authorized control level event with respect to a society under circumstances the commissioner determines will not be promptly remedied pursuant to the authorization provided in subdivision 3, the commissioner may apply for a verified petition to commence liquidation of the society under section 60B.20.  These circumstances qualify as grounds to commence a liquidation under section 60B.20, clause (1).

 

(b) If the requirements of paragraph (a) are met, the commissioner may issue an order declaring the society to be in hazardous financial condition under the standards of section 60G.20, and initiate proceedings pursuant to this subdivision.  Nothing in this subdivision prevents the commissioner from applying for an order to commence the liquidation of a society under any of the grounds in section 60B.20.

 

(c) Liquidation proceedings for a society shall be governed by chapter 60B, except to the extent the provisions of chapter 60B are in conflict or inconsistent with any provisions in this chapter.

 

(d) Liquidation proceedings for a society shall be conducted consistent with the purposes of section 60B.01, subdivision 4, paragraph (c), in a manner designed to conserve assets and to limit expenses of the liquidation under section 60B.44, subdivision 2."

 

Amend the title accordingly

 

 

Hoppe moved to amend the Hoppe amendment to H. F. No. 3799, the first engrossment, as follows:

 

Page 2, line 5, after "Disapproval" insert "of extra assessments"

 

Page 2, line 6, before "assessment" insert "extra"

 

Page 2, line 10, before "assessment" insert "extra"

 

Page 3, after line 18, insert:

 

"(c) "Qualifying society" means a fraternal benefit society, whether foreign or domestic, that has the financial strength and administrative capability to accept a transfer of certificates under subdivision 3 and is domiciled in a state accredited by the National Association of Insurance Commissioners."

 

Page 3, line 19, delete "(c)" and insert "(d)"

 

Page 4, line 30, delete "fraternal benefit" and insert "qualifying"

 

Page 4, line 31, delete everything after "state"

 

Page 4, delete line 32

 

Page 4, line 33, delete "Commissioners"

 

Page 5, line 23, delete "and"

 

Page 5, line 24, delete "policies,"

 

Page 5, line 30, delete "qualify as" and insert "shall be deemed to satisfy"


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Page 5, line 31, delete "clause (1)"

 

Page 5, line 32, delete "(b) If the requirements of paragraph (a) are met,"

 

Page 5, line 34, after "60G.20" insert "subdivision 1, clause (15)"

 

Page 6, line 3, delete "(c)" and insert "(b)"

 

Page 6, line 6, delete "(d)" and insert "(c)"

 

 

      The motion prevailed and the amendment to the amendment was adopted.

 

 

      The question recurred on the Hoppe amendment, as amended, to H. F. No. 3799, the first engrossment.  The motion prevailed and the amendment, as amended, was adopted.

 

 

      Applebaum was excused for the remainder of today's session.

 

 

      H. F. No. 3799, A bill for an act relating to commerce; regulating fraternal benefit societies; amending Minnesota Statutes 2016, sections 60B.03, subdivision 15; 64B.19, subdivision 4a; 64B.43; proposing coding for new law in Minnesota Statutes, chapter 64B.

 

 

      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 123 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, P.

Anderson, S.

Anselmo

Backer

Bahr, C.

Baker

Barr, R.

Becker-Finn

Bennett

Bernardy

Bliss

Bly

Carlson, A.

Carlson, L.

Christensen

Clark

Considine

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erickson

Fabian

Fenton

Fischer

Flanagan

Franke

Franson

Freiberg

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Jessup

Johnson, B.

Johnson, C.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Lien

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Mariani

Marquart

Masin

Maye Quade

McDonald

Metsa

Miller

Munson

Murphy, M.

Nash

Nelson

Neu

Newberger

Nornes

O'Driscoll

Olson

Omar

O'Neill

Peppin

Petersburg

Peterson

Pierson

Pinto

Poppe

Poston

Pryor

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sauke

Schomacker

Schultz

Slocum

Smith

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Wagenius

West

Whelan

Wills

Youakim

Zerwas

Spk. Daudt


 

 

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


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         H. F. No. 4133 was reported to the House.

 

 

Newberger moved to amend H. F. No. 4133, the second engrossment, as follows:

 

Page 11, after line 28, insert:

 

"Sec. 13.  Minnesota Statutes 2016, section 28A.152, as amended by Laws 2017, chapter 88, article 2, section 53, is amended to read:

 

28A.152 COTTAGE FOODS EXEMPTION.

 

Subdivision 1.  Licensing provisions applicability.  (a) The licensing provisions of sections 28A.01 to 28A.16 do not apply to the following:

 

(1) an individual who eligible entity that prepares and sells food that is not potentially hazardous food, as defined in Minnesota Rules, part 4626.0020, subpart 62, if the following requirements are met:

 

(i) the prepared food offered for sale under this clause is labeled to accurately reflect the name and address of the individual eligible entity preparing and selling the food, the date on which the food was prepared, and the ingredients and any possible allergens; and

 

(ii) the individual eligible entity displays at the point of sale a clearly legible sign or placard stating:  "These products are homemade and not subject to state inspection."; and

 

(2) an individual who eligible entity that prepares and sells home-processed and home-canned food products if the following requirements are met:

 

(i) the products are pickles, vegetables, or fruits having an equilibrium pH value of 4.6 or lower;

 

(ii) the products are home-processed and home-canned in Minnesota;

 

(iii) the individual eligible entity displays at the point of sale a clearly legible sign or placard stating:  "These canned goods are homemade and not subject to state inspection."; and

 

(iv) each container of the product sold or offered for sale under this clause is accurately labeled to provide the name and address of the individual who eligible entity that processed and canned the goods, the date on which the goods were processed and canned, and ingredients and any possible allergens.

 

(b) An individual who eligible entity that qualifies for an exemption under paragraph (a), clause (2), is also exempt from the provisions of sections 31.31 and 31.392.

 

Subd. 1a.  Definition.  For purposes of this section, "eligible entity" means a limited liability company that satisfies the insurance requirements under subdivision 8, or an individual.

 

Subd. 2.  Direct sales to consumers.  (a) An individual eligible entity qualifying for an exemption under subdivision 1 may sell the exempt food:

 

(1) directly to the ultimate consumer at a community event or farmers' market;


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(2) directly from the individual's eligible entity's home to the ultimate consumer, to the extent allowed by local ordinance; or

 

(3) through donation to a community event with the purpose of fund-raising for an individual, or fund-raising for an educational, charitable, or religious organization.

 

(b) If an exempt food product will be delivered to the ultimate consumer upon sale of the food product, the individual who eligible entity that prepared the food product must be the person who delivers the food product to the ultimate consumer.

 

(c) Food products exempt under subdivision 1, paragraph (a), clause (2), may not be sold outside of Minnesota.

 

(d) Food products exempt under subdivision 1 may be sold over the Internet but must be delivered directly to the ultimate consumer by the individual who eligible entity that prepared the food product.  The statement "These products are homemade and not subject to state inspection." must be displayed on the Web site that offers the exempt foods for purchase.

 

Subd. 3.  Limitation on sales.  An individual eligible entity selling exempt foods under this section is limited to total sales with gross receipts of $18,000 or less in a calendar year.

 

Subd. 4.  Registration.  An individual who eligible entity that prepares and sells exempt food under subdivision 1 must register annually with the commissioner.  The annual registration fee is $50.  An individual eligible entity with $5,000 or less in annual gross receipts from the sale of exempt food under this section is not required to pay the registration fee.

 

Subd. 5.  Training.  (a) An individual eligible entity with gross receipts between $5,000 and $18,000 in a calendar year from the sale of exempt food under this section must complete a safe food handling training course that is approved by the commissioner before registering under subdivision 4.  The training shall not exceed eight hours and must be completed every three years while the individual eligible entity is registered under subdivision 4.

 

(b) An individual eligible entity with gross receipts of less than $5,000 in a calendar year from the sale of exempt food under this section must satisfactorily complete an online course and exam as approved by the commissioner before registering under subdivision 4.  The commissioner shall offer the online course and exam under this paragraph at no cost to the individual eligible entity.

 

Subd. 6.  Local ordinances.  This section does not preempt the application of any business licensing requirement or sanitation, public health, or zoning ordinance of a political subdivision.

 

Subd. 7.  Account established.  A cottage foods account is created as a separate account in the agricultural fund in the state treasury for depositing money received by the commissioner under this section.  Money in the account, including interest, is appropriated to the commissioner for purposes of this section.

 

Subd. 8.  Insurance required.  The commissioner must not register a limited liability company under subdivision 4 unless the limited liability company furnishes sufficient proof that it maintains liability insurance coverage of at least $1,000,000.  The insurance must cover a period of time at least equal to the term of the registration.  The commissioner must immediately suspend the registration of a limited liability company that fails to maintain the required insurance.  The insurance policy must contain a provision requiring the insurance company to


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notify the commissioner no later than ten days before the effective date of any cancellation, termination, or other material change to the insurance coverage.  If there is recovery against the insurance, the limited liability company must secure additional coverage if necessary to maintain coverage of at least $1,000,000."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.

 

 

Anderson, P., moved to amend H. F. No. 4133, the second engrossment, as amended, as follows:

 

Page 2, after line 10, insert:

 

"Sec. 2.  Minnesota Statutes 2016, section 17.117, subdivision 1, is amended to read:

 

Subdivision 1.  Purpose.  The purpose of the agriculture best management practices loan program is to provide low or no interest financing to farmers, agriculture supply businesses, rural landowners, chapter 103E drainage authorities, and water-quality cooperatives for the implementation of agriculture and other best management practices that reduce environmental pollution.

 

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

 

Sec. 3.  Minnesota Statutes 2016, section 17.117, subdivision 4, is amended to read:

 

Subd. 4.  Definitions.  (a) For the purposes of this section, the terms defined in this subdivision have the meanings given them.

 

(b) "Agricultural and environmental revolving accounts" means accounts in the agricultural fund, controlled by the commissioner, which hold funds available to the program.

 

(c) "Agriculture supply business" means a person, partnership, joint venture, corporation, limited liability company, association, firm, public service company, or cooperative that provides materials, equipment, or services to farmers or agriculture-related enterprises.

 

(d) "Allocation" means the funds awarded to an applicant for implementation of best management practices through a competitive or noncompetitive application process.