Journal of the House - 99th Day - Thursday, May 17, 2018 - Top of Page 10745

STATE OF MINNESOTA

 

Journal of the House

 

NINETIETH SESSION - 2018

 

_____________________

 

NINETY-NINTH DAY

 

Saint Paul, Minnesota, Thursday, May 17, 2018

 

 

      The House of Representatives convened at 10:00 a.m. and was called to order by Jon Applebaum, Speaker pro tempore.

 

      Prayer was offered by Pastor David Christensen, Living Word Lutheran Church, Marshall, Minnesota.

 

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

 

      The roll was called and the following members were present:

 


Albright

Allen

Anderson, P.

Anderson, S.

Anselmo

Applebaum

Backer

Bahr, C.

Baker

Barr, R.

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

Hornstein

Hortman

Howe

Jessup

Johnson, B.

Johnson, C.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

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

Sandstede

Sauke

Schomacker

Schultz

Scott

Slocum

Smith

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

West

Whelan

Wills

Youakim

Zerwas

Spk. Daudt


 

      A quorum was present.

 

      Becker-Finn and Johnson, S., were excused.

 

      Hoppe was excused until 3:00 p.m.

 

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


Journal of the House - 99th Day - Thursday, May 17, 2018 - Top of Page 10746

         The Speaker assumed the Chair.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

Dean, M.; Franson; Zerwas and Albright introduced:

 

H. F. No. 4519, A bill for an act relating to human services; modifying temporary immediate license suspensions; requiring eligibility verification; directing legislative auditor to conduct a special investigation into child care assistance programs; requiring a report; amending Minnesota Statutes 2016, sections 245A.07, subdivision 2; 256.98, by adding a subdivision; Minnesota Statutes 2017 Supplement, section 256.98, subdivision 8; proposing coding for new law in Minnesota Statutes, chapter 256.

 

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

 

 

Metsa; Murphy, E.; Schultz; Ecklund and Sandstede introduced:

 

H. F. No. 4520, A bill for an act relating to capital investment; appropriating money for improvements to the Hoyt Lakes ice arena; authorizing the sale and issuance of state bonds.

 

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

 

 

Pinto, Kresha, Flanagan and Loon introduced:

 

H. F. No. 4521, A bill for an act relating to education; establishing a legislative working group on early childhood programs.

 

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

 

 

Heintzeman; Whelan; Petersburg; Christensen; Vogel; Green; Scott; Pugh; O'Neill; Franson; Miller; Poston; Dettmer; Rarick; Erickson; Grossell; Gruenhagen; Lucero; Johnson, B.; Backer; Lueck; Daniels; Runbeck; Bahr, C., and Drazkowski introduced:

 

H. F. No. 4522, A bill for an act relating to higher education; reducing appropriations to the University of Minnesota for certain actions; proposing coding for new law in Minnesota Statutes, chapter 137.

 

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


Journal of the House - 99th Day - Thursday, May 17, 2018 - Top of Page 10747

Sundin introduced:

 

H. F. No. 4523, A bill for an act relating to environment; requiring financial assurance for waste tire facilities; proposing coding for new law in Minnesota Statutes, chapter 115A.

 

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

 

 

Miller; Poston; Lohmer; Pugh; Whelan; Backer; Green; Bennett; Newberger; Rarick; Lucero; Franson; Bahr, C.; Grossell; Runbeck; Dettmer; Gruenhagen; Anderson, P.; Daniels and Fabian introduced:

 

H. F. No. 4524, A bill for an act relating to health; prohibiting abortions when a fetal heartbeat is detected; providing penalties; proposing coding for new law in Minnesota Statutes, chapter 145.

 

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

 

 

Bliss introduced:

 

H. F. No. 4525, A bill for an act relating to taxation; individual income; providing a subtraction for employer student loan repayment assistance; amending Minnesota Statutes 2016, section 290.0132, by adding a subdivision.

 

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

 

 

Whelan, Lohmer, Heintzeman, Theis, Miller, Poston, Pugh, O'Neill, Drazkowski, Urdahl, Koznick, Christensen and Scott introduced:

 

H. F. No. 4526, A bill for an act relating to higher education; prohibiting the Board of Regents of the University of Minnesota from funding fellowships related to abortion training, advocacy, or education; proposing coding for new law in Minnesota Statutes, chapter 137.

 

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

 

 

Davnie, Wagenius, Lee and Dehn, R., introduced:

 

H. F. No. 4527, A bill for an act relating to education finance; authorizing a fund transfer for the Minneapolis school district.

 

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


Journal of the House - 99th Day - Thursday, May 17, 2018 - Top of Page 10748

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

 

 

RECESS

 

 

RECONVENED

 

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

 

 

REPORTS FROM THE COMMITTEE ON RULES

AND LEGISLATIVE ADMINISTRATION

 

      Peppin for the Committee on Rules and Legislative Administration offered the following resolution and moved its adoption:

 

      Be It Resolved, by the House of Representatives of the State of Minnesota, that the Chief Clerk is directed to correct and approve the Journal of the House for the last day of the 2018 Regular Session.

 

      Be It Further Resolved that the Chief Clerk is authorized to include in the Journal for the last day of the 2018 Regular Session any proceedings, including subsequent proceedings and any legislative interim committees or commissions created or appointments made to them by legislative action or by law.

 

 

      The motion prevailed and the resolution was adopted.

 

 

      Peppin for the Committee on Rules and Legislative Administration offered the following resolution and moved its adoption:

 

      Be It Resolved, by the House of Representatives of the State of Minnesota, that it retains the use of parking lots D, N, and the state office building parking ramp for members and employees of the House of Representatives during the time between adjournment in 2018 and the convening of the House of Representatives in 2019.  The Sergeant at Arms is directed to manage the use of the lots and ramp while the House of Representatives is adjourned.  The Controller of the House may continue to deduct from the check of any legislator or legislative employee a sum adequate to cover the exercise of the parking privilege.

 

 

      The motion prevailed and the resolution was adopted.

 

 

      Peppin for the Committee on Rules and Legislative Administration offered the following resolution and moved its adoption:

 

      Be It Resolved, by the House of Representatives of the State of Minnesota, that during the time between adjournment in 2018 and the convening of the House of Representatives in 2019, the Chief Clerk and Chief Sergeant at Arms under the direction of the Speaker shall maintain House facilities in the Capitol Complex.  The House chamber, retiring room, hearing and conference rooms, and offices shall be set up and made ready for legislative use


Journal of the House - 99th Day - Thursday, May 17, 2018 - Top of Page 10749

and reserved for the House and its committees.  Those rooms may be reserved for use by others that are not in conflict with use by the House.  The House Chamber, retiring room, and hearing rooms may be used by YMCA Youth in Government, Girls' State, Young Leaders Organization, and 4-H Leadership Conference.

 

 

      The motion prevailed and the resolution was adopted.

 

 

      Peppin from the Committee on Rules and Legislative Administration, pursuant to rules 1.21 and 3.33, designated the following bill to be placed on the Calendar for the Day for Saturday, May 19, 2018 and established a prefiling requirement for amendments offered to the following bill:

 

      S. F. No. 3463.

 

 

CALENDAR FOR THE DAY

 

 

      S. F. No. 3326, A bill for an act relating to legislative enactments; making miscellaneous technical corrections to laws and statutes; correcting erroneous, obsolete, and omitted text and references; removing redundant, conflicting, and superseded provisions; amending Minnesota Statutes 2016, sections 5.36, subdivision 5; 6.80, subdivision 1; 13.46, subdivision 10; 13.4967, subdivision 2b; 13.6905, by adding subdivisions; 13.712, by adding a subdivision; 13.7191, by adding a subdivision; 13.851, by adding a subdivision; 13.871, subdivision 13; 28A.151, subdivision 5; 62N.40; 97A.475, subdivisions 3a, 4; 103E.011, subdivision 2; 116D.04, subdivision 5a; 116P.09, subdivision 4; 120B.232, subdivision 1a; 122A.14, subdivision 10; 122A.60, subdivision 2; 123A.36, subdivision 9; 123A.46, subdivisions 8, 10; 123A.48, subdivisions 2, 5; 124D.095, subdivision 8; 124D.52, subdivision 4; 125A.0942, subdivision 1; 125A.76, subdivision 1; 126C.10, subdivision 17; 128B.03, subdivision 3a; 144.651, subdivision 2; 144D.01, subdivision 4; 148.911; 152.01, subdivision 22; 152.021, subdivision 2a; 239.791, subdivision 12; 241.021, subdivision 4a; 244.05, subdivision 4; 245.462, subdivision 4; 245.735, subdivision 3; 245A.02, subdivisions 20, 21, 22; 245A.095, subdivision 2; 245A.10, subdivision 4; 245A.1443, subdivision 1; 245A.1444; 245F.02, subdivisions 3, 7; 245F.06, subdivision 2; 245F.15, subdivision 4; 252.021; 256B.0622, subdivision 7a; 256B.0625, subdivision 16; 256B.69, subdivision 5a; 256C.23, subdivision 1; 256I.03, subdivision 14; 256P.07, subdivision 7; 256R.04, subdivision 7; 268.069, subdivision 1; 268.085, subdivision 2; 268.101, subdivision 1; 268.186, subdivision 1; 290.068; 290.0921, subdivision 4; 290.92, subdivision 19; 290.923, subdivision 8; 290C.12; 290C.13, subdivision 7; 291.03, subdivision 8; 296A.24, subdivision 2; 297A.91, subdivision 2; 297E.16, subdivision 2; 297F.06, subdivision 1; 297F.21, subdivision 3; 297G.20, subdivision 4; 299A.706; 326B.988; 327.665, subdivision 2; 336.9-513; 398.19; 471.16, subdivision 1; 477A.013, subdivision 13; 508A.17, subdivision 1; 518A.39, subdivision 2; 609.11, subdivision 9; 609A.02, subdivision 3; Minnesota Statutes 2017 Supplement, sections 62I.02, subdivision 5; 84D.03, subdivision 3; 97C.355, subdivision 2; 120B.12, subdivision 2; 120B.234, subdivision 2; 122A.09, subdivisions 7, 9; 122A.14, subdivision 1; 122A.40, subdivision 8; 122A.41, subdivision 5; 124D.68, subdivision 2; 124D.99, subdivision 4; 124E.11; 136A.653, subdivision 1; 181A.04, subdivision 6; 245G.15, subdivision 1; 254A.03, subdivision 1; 254B.05, subdivisions 1a, 5; 256B.051, subdivision 2; 256B.0915, subdivision 1; 256B.0949, subdivision 13; 256B.25, subdivision 3; 256B.76, subdivision 1; 256B.761; 256C.261; 256D.44, subdivision 2; 256E.30, subdivision 2; 256I.04, subdivision 3; 256N.261, subdivision 1; 260B.050; 270.071, subdivision 7a; 270.074, subdivision 1; 272.02, subdivision 10; 273.372, subdivision 2; 290.01, subdivision 31; 290.067, subdivision 1; 290.081; 291.03, subdivision 11; 297A.71, subdivision 44; 341.25; 477A.011, subdivision 34; 477A.013, subdivision 1; Laws 2017, chapter 94, article 3, section 11; article 6, section 27; Laws 2017, First Special Session chapter 5, article 11, sections 8, subdivision 1; 10, subdivision 2; repealing Minnesota Statutes 2016, sections 124D.8957, subdivision 24; 256.9657, subdivision 1c; 256.9692; 290.067,


Journal of the House - 99th Day - Thursday, May 17, 2018 - Top of Page 10750

subdivision 2a; 298.402; Laws 2009, chapter 37, article 3, section 4; Laws 2013, chapter 84, article 1, sections 25; 30; Laws 2014, chapter 199, sections 18; 19; 20; Laws 2014, chapter 222, article 2, sections 3; 8; 9; Laws 2014, chapter 286, article 8, section 19.

 

 

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

 

      The question was taken on the passage of the bill and the roll was called.  There were 130 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, P.

Anderson, S.

Anselmo

Applebaum

Backer

Bahr, C.

Baker

Barr, R.

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

Hornstein

Hortman

Howe

Jessup

Johnson, B.

Johnson, C.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

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

Sandstede

Sauke

Schomacker

Schultz

Scott

Slocum

Smith

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

West

Whelan

Wills

Youakim

Zerwas

Spk. Daudt


 

 

      The bill was passed and its title agreed to.

 

 

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

 

 

      The Speaker called Garofalo to the Chair.

 

 

      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.

 

 

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


Journal of the House - 99th Day - Thursday, May 17, 2018 - Top of Page 10751

         The question was taken on the passage of the bill and the roll was called.  There were 76 yeas and 54 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson, P.

Anderson, S.

Anselmo

Backer

Baker

Barr, R.

Bennett

Bliss

Christensen

Daniels

Dean, M.

Dettmer

Drazkowski

Erickson

Fabian

Fenton

Franke

Franson

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Hamilton

Heintzeman

Hertaus

Hoppe

Howe

Jessup

Johnson, B.

Jurgens

Kiel

Knoblach

Koznick

Kresha

Layman

Lesch

Loon

Loonan

Lucero

Lueck

McDonald

Miller

Munson

Nash

Neu

Newberger

Nornes

O'Driscoll

O'Neill

Pelowski

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:

 


Allen

Applebaum

Bahr, C.

Bernardy

Bly

Carlson, A.

Carlson, L.

Clark

Considine

Davids

Davnie

Dehn, R.

Ecklund

Fischer

Flanagan

Freiberg

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Johnson, C.

Koegel

Kunesh-Podein

Lee

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

Maye Quade

Metsa

Moran

Murphy, E.

Murphy, M.

Nelson

Olson

Omar

Pinto

Poppe

Pryor

Rosenthal

Sandstede

Sauke

Schultz

Slocum

Sundin

Wagenius

Ward

Youakim


 

 

      The bill was passed and its title agreed to.

 

 

      Applebaum and Jurgens were excused for the remainder of today's session.

 

 

      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 third time and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 128 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, P.

Anderson, S.

Anselmo

Backer

Bahr, C.

Baker

Barr, R.

Bennett

Bernardy

Bliss

Bly

Carlson, A.

Carlson, L.

Christensen

Clark

Considine


Journal of the House - 99th Day - Thursday, May 17, 2018 - Top of Page 10752

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.

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Loeffler

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

Sandstede

Sauke

Schomacker

Schultz

Scott

Slocum

Smith

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

West

Whelan

Wills

Youakim

Zerwas

Spk. Daudt


 

 

      The bill was passed and its title agreed to.

 

 

      There being no objection, the order of business reverted to Reports of Standing Committees and Divisions.

 

 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

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

 

S. F. No. 3504, A bill for an act relating to energy; establishing a carbon reduction facility designation for certain large electric generating facilities; proposing coding for new law in Minnesota Statutes, chapter 216B.

 

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

 

Joint Rule 2.03 has been waived for any subsequent committee action on this bill.

 

      The report was adopted.

 

 

SECOND READING OF SENATE BILLS

 

 

      S. F. No. 3504 was read for the second time.


Journal of the House - 99th Day - Thursday, May 17, 2018 - Top of Page 10753

MESSAGES FROM THE SENATE

 

 

      The following messages were received from the Senate:

 

 

Mr. Speaker:

 

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

 

H. F. No. 3873, A bill for an act relating to workers' compensation; adopting recommendations of the Workers' Compensation Advisory Council; modifying workers' compensation provisions; modifying hospital outpatient fee schedules; modifying billing, payment, and dispute resolution; defining ambulatory surgical center payments; modifying covered benefits; amending Minnesota Statutes 2016, sections 175A.05; 176.011, subdivision 15; 176.101, subdivisions 2, 2a, 4; 176.102, subdivision 11; 176.136, subdivision 1b; 176.231, subdivision 9; 176.83, subdivision 5; Minnesota Statutes 2017 Supplement, section 15A.083, subdivision 7; Laws 2017, chapter 94, article 1, section 6; proposing coding for new law in Minnesota Statutes, chapter 176.

 

Cal R. Ludeman, Secretary of the Senate

 

 

Mr. Speaker:

 

I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:

 

H. F. No. 3759, A bill for an act relating to energy; authorizing the construction and routing of certain pipelines.

 

Cal R. Ludeman, Secretary of the Senate

 

 

CONCURRENCE AND REPASSAGE

 

      Fabian moved that the House concur in the Senate amendments to H. F. No. 3759 and that the bill be repassed as amended by the Senate.  The motion prevailed.

 

 

      H. F. No. 3759, A bill for an act relating to energy; authorizing the construction and routing of certain pipelines.

 

 

      The bill was read for the third time, as amended by the Senate, and placed upon its repassage.

 

      The question was taken on the repassage of the bill and the roll was called.  There were 74 yeas and 53 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson, P.

Anderson, S.

Anselmo

Backer

Bahr, C.

Baker

Barr, R.

Bennett

Bliss

Christensen

Daniels

Davids

Dean, M.

Dettmer

Drazkowski

Erickson

Fabian

Fenton

Franke

Franson

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Hamilton

Heintzeman

Hertaus

Hoppe

Howe

Johnson, B.

Kiel

Knoblach

Koznick

Kresha

Layman

Loon

Loonan

Lucero

Lueck

McDonald

Miller

Munson

Nash

Neu

Newberger


Journal of the House - 99th Day - Thursday, May 17, 2018 - Top of Page 10754

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


 

      Those who voted in the negative were:

 


Allen

Bernardy

Bly

Carlson, A.

Carlson, L.

Clark

Considine

Davnie

Dehn, R.

Ecklund

Fischer

Flanagan

Freiberg

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Jessup

Johnson, C.

Koegel

Kunesh-Podein

Lee

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

Maye Quade

Metsa

Moran

Murphy, E.

Murphy, M.

Nelson

Olson

Omar

Pelowski

Pinto

Poppe

Pryor

Rosenthal

Sandstede

Schultz

Slocum

Sundin

Wagenius

Ward

Youakim


 

 

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

 

 

      Lee and Mahoney were excused for the remainder of today's session.

 

 

      The following Conference Committee Report was received:

 

 

CONFERENCE COMMITTEE REPORT ON H. F. No. 3265

 

A bill for an act relating to human services; modifying child foster care training requirements; establishing a foster care sibling bill of rights; amending Minnesota Statutes 2016, section 245A.175; proposing coding for new law in Minnesota Statutes, chapter 260C.

 

May 16, 2018

The Honorable Kurt L. Daudt

Speaker of the House of Representatives

 

The Honorable Michelle L. Fischbach

President of the Senate

 

We, the undersigned conferees for H. F. No. 3265 report that we have agreed upon the items in dispute and recommend as follows:

 

That the Senate recede from its amendment and that H. F. No. 3265 be further amended as follows:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2016, section 245A.175, is amended to read:

 

245A.175 CHILD FOSTER CARE TRAINING REQUIREMENT; MENTAL HEALTH TRAINING; FETAL ALCOHOL SPECTRUM DISORDERS TRAINING.

 

Prior to a nonemergency placement of a child in a foster care home, the child foster care license holder and caregivers in foster family and treatment foster care settings, and all staff providing care in foster residence settings must complete two hours of training that addresses the causes, symptoms, and key warning signs of mental health


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disorders; cultural considerations; and effective approaches for dealing with a child's behaviors.  At least one hour of the annual training requirement for the foster family license holder and caregivers, and foster residence staff must be on children's mental health issues and treatment.  Except for providers and services under chapter 245D, the annual training must also include at least one hour of training on fetal alcohol spectrum disorders within the first 12 months of licensure.  After the first 12 months of licensure, training on fetal alcohol spectrum disorders may count, which must be counted toward the 12 hours of required in-service training per year.  Short-term substitute caregivers are exempt from these requirements.  Training curriculum shall be approved by the commissioner of human services.

 

Sec. 2.  Minnesota Statutes 2016, section 256N.24, is amended by adding a subdivision to read:

 

Subd. 2a.  Minnesota assessment of parenting for children and youth (MAPCY) revision.  The commissioner, in consultation with representatives from communities of color, including but not limited to advisory councils and ombudspersons, shall review and revise the MAPCY tool and incorporate changes that take into consideration different cultures and the diverse needs of communities of color.

 

Sec. 3.  [260C.008] FOSTER CARE SIBLING BILL OF RIGHTS.

 

Subdivision 1.  Statement of rights.  (a) A child placed in foster care who has a sibling has the right to:

 

(1) be placed in foster care homes with the child's siblings, when possible and when it is in the best interest of each sibling, in order to sustain family relationships;

 

(2) be placed in close geographical distance to the child's siblings, if placement together is not possible, to facilitate frequent and meaningful contact;

 

(3) have frequent contact with the child's siblings in foster care and, whenever possible, with the child's siblings who are not in foster care, unless the responsible social services agency has documented that contact is not in the best interest of any sibling.  Contact includes, but is not limited to, telephone calls, text messaging, social media and other Internet use, and video calls;

 

(4) annually receive a telephone number, address, and e­mail address for all siblings in foster care, and receive updated photographs of siblings regularly, by regular mail or e­mail;

 

(5) participate in regular face-to-face visits with the child's siblings in foster care and, whenever possible, with the child's siblings who are not in foster care.  Participation in these visits shall not be withheld or restricted as a consequence for behavior, and shall only be restricted if the responsible social services agency documents that the visits are contrary to the safety or well-being of any sibling.  Social workers, parents, foster care providers, and older children must cooperate to ensure regular visits and must coordinate dates, times, transportation, and other accommodations as necessary.  The timing and regularity of visits shall be outlined in each sibling's service plan, based on the individual circumstances and needs of each child.  A social worker need not give explicit permission for each visit or possible overnight visit, but foster care providers shall communicate with social workers about these visits;

 

(6) be actively involved in each other's lives and share celebrations, if they choose to do so, including but not limited to birthdays, holidays, graduations, school and extracurricular activities, cultural customs in the siblings' native language, and other milestones;

 

(7) be promptly informed about changes in sibling placements or circumstances, including but not limited to new placements, discharge from placements, significant life events, and discharge from foster care;

 

(8) be included in permanency planning decisions for siblings, if appropriate; and


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(9) be informed of the expectations for and possibility of continued contact with a sibling after an adoption or transfer of permanent physical and legal custody to a relative.

 

(b) Adult siblings of children in foster care shall have the right to be considered as foster care providers, adoptive parents, and relative custodians for their siblings, if they choose to do so.

 

Subd. 2.  Interpretation.  The rights under this section are established for the benefit of siblings in foster care.  This statement of rights does not replace or diminish other rights, liberties, and responsibilities that may exist relative to children in foster care, adult siblings of children in foster care, foster care providers, parents, relatives, or responsible social services agencies.

 

Subd. 3.  Disclosure.  Child welfare agency staff shall provide a copy of these rights to a child who has a sibling at the time the child enters foster care, to any adult siblings of a child entering foster care, if known, and to the foster care provider, in a format specified by the commissioner of human services.  The copy shall contain the address and telephone number of the Office of Ombudsman for Families and a brief statement describing how to file a complaint with the office.

 

EFFECTIVE DATE.  This section is effective for children entering foster care on or after August 1, 2018.  Subdivision 3 is effective August 1, 2018, and applies to all children in foster care on that date, regardless of when the child entered foster care."

 

Delete the title and insert:

 

"A bill for an act relating to human services; modifying provisions governing MAPCY and child foster care; establishing foster care sibling bill of rights; amending Minnesota Statutes 2016, sections 245A.175; 256N.24, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 260C."

 

 

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

 

House Conferees:  Ron Kresha, Peggy Bennett and Laurie Halverson.

 

Senate Conferees:  Jerry Relph, Jim Abeler and Melisa Franzen.

 

 

      Kresha moved that the report of the Conference Committee on H. F. No. 3265 be adopted and that the bill be repassed as amended by the Conference Committee.  The motion prevailed.

 

 

      H. F. No. 3265, A bill for an act relating to human services; modifying child foster care training requirements; establishing a foster care sibling bill of rights; amending Minnesota Statutes 2016, section 245A.175; proposing coding for new law in Minnesota Statutes, chapter 260C.

 

 

      The bill was read for the third time, as amended by Conference, and placed upon its repassage.


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         The question was taken on the repassage of the bill and the roll was called.  There were 126 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, P.

Anderson, S.

Anselmo

Backer

Bahr, C.

Baker

Barr, R.

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.

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lesch

Liebling

Lien

Lillie

Loeffler

Loon

Loonan

Lucero

Lueck

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

Sandstede

Sauke

Schomacker

Schultz

Scott

Slocum

Smith

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

West

Whelan

Wills

Youakim

Zerwas

Spk. Daudt


 

 

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

 

 

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

 

 

      There being no objection, the order of business reverted to Reports of Standing Committees and Divisions.

 

 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

O'Driscoll from the Committee on Government Operations and Elections Policy reported on the following appointment which had been referred to the committee by the Speaker:

 

CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

 

MARGARET LEPPIK

 

Reported the same back without recommendation.

 

 

O'Driscoll moved that the report of the Committee on Government Operations and Elections Policy relating to the appointment of Margaret Leppik to the Campaign Finance and Public Disclosure Board be now adopted.  The motion prevailed and the report was adopted.


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CONFIRMATION

 

O'Driscoll moved that the House, having advised, do now consent to and confirm the appointment of Margaret Leppik, 7500 Western Avenue, Golden Valley, Minnesota 55427, in the county of Hennepin, effective June 7, 2017, for a term that expires on January 6, 2020.  The motion prevailed and the appointment of Margaret Leppik was confirmed by the House.

 

 

O'Driscoll from the Committee on Government Operations and Elections Policy reported on the following appointment which had been referred to the committee by the Speaker:

 

CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

 

ROBERT MOILANEN

 

Reported the same back without recommendation.

 

 

O'Driscoll moved that the report of the Committee on Government Operations and Elections Policy relating to the appointment of Robert Moilanen to the Campaign Finance and Public Disclosure Board be now adopted.  The motion prevailed and the report was adopted.

 

 

CONFIRMATION

 

O'Driscoll moved that the House, having advised, do now consent to and confirm the appointment of Robert Moilanen, 12920 Woodbridge Trail, Minnetonka, Minnesota 55305, in the county of Hennepin, effective June 7, 2017, for a term that expires on January 7, 2019.  The motion prevailed and the appointment of Robert Moilanen was confirmed by the House.

 

 

O'Driscoll from the Committee on Government Operations and Elections Policy reported on the following appointment which had been referred to the committee by the Speaker:

 

CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

 

STEPHEN SWANSON

 

Reported the same back without recommendation.

 

 

O'Driscoll moved that the report of the Committee on Government Operations and Elections Policy relating to the appointment of Stephen Swanson to the Campaign Finance and Public Disclosure Board be now adopted.  The motion prevailed and the report was adopted.

 

 

CONFIRMATION

 

O'Driscoll moved that the House, having advised, do now consent to and confirm the appointment of Stephen Swanson, 100 2nd Street Southeast, #105, Minneapolis, Minnesota 55414, in the county of Hennepin, effective July 1, 2017, for a term that expires on January 6, 2020.  The motion prevailed and the appointment of Stephen Swanson was confirmed by the House.


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O'Driscoll from the Committee on Government Operations and Elections Policy reported on the following appointment which had been referred to the committee by the Speaker:

 

CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

 

GARY HAUGEN

 

Reported the same back without recommendation.

 

 

O'Driscoll moved that the report of the Committee on Government Operations and Elections Policy relating to the appointment of Gary Haugen to the Campaign Finance and Public Disclosure Board be now adopted.  The motion prevailed and the report was adopted.

 

 

CONFIRMATION

 

O'Driscoll moved that the House, having advised, do now consent to and confirm the appointment of Gary Haugen, 6208 Braeburn Circle, Edina, Minnesota 55439, in the county of Hennepin, effective September 16, 2017, for a term that expires on January 4, 2021.  The motion prevailed and the appointment of Gary Haugen was confirmed by the House.

 

 

 

O'Driscoll from the Committee on Government Operations and Elections Policy reported on the following appointment which had been referred to the committee by the Speaker:

 

CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

 

DANIEL ROSEN

 

Reported the same back without recommendation.

 

 

O'Driscoll moved that the report of the Committee on Government Operations and Elections Policy relating to the appointment of Daniel Rosen to the Campaign Finance and Public Disclosure Board be now adopted.  The motion prevailed and the report was adopted.

 

 

CONFIRMATION

 

O'Driscoll moved that the House, having advised, do now consent to and confirm the appointment of Daniel Rosen, 60 South 6th Street, Suite 3615, Minneapolis, Minnesota 55402, in the county of Hennepin, effective January 2, 2018, for a term that expires on January 3, 2022.  The motion prevailed and the appointment of Daniel Rosen was confirmed by the House.


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MOTIONS AND RESOLUTIONS

 

 

      Grossell moved that the name of Maye Quade be added as an author on H. F. No. 1481.  The motion prevailed.

 

      Bly moved that the name of Moran be added as an author on H. F. No. 2913.  The motion prevailed.

 

      Uglem moved that the names of West and Carlson, L., be added as authors on H. F. No. 3921.  The motion prevailed.

 

      Neu moved that the name of Pugh be added as an author on H. F. No. 3923.  The motion prevailed.

 

      Franke moved that the name of Bennett be added as an author on H. F. No. 3945.  The motion prevailed.

 

      Bennett moved that the names of Pugh and Bahr, C., be added as authors on H. F. No. 4509.  The motion prevailed.

 

      Hansen moved that the names of Mariani; Lillie; Pinto; Dehn, R.; Koegel; Lee; Metsa and Lesch be added as authors on H. F. No. 4510.  The motion prevailed.

 

      Dehn, R., moved that the name of Clark be added as an author on H. F. No. 4511.  The motion prevailed.

 

      Murphy, M., moved that the names of Mariani and Masin be added as authors on H. F. No. 4515.  The motion prevailed.

 

      Sundin moved that the name of Clark be added as an author on H. F. No. 4516.  The motion prevailed.

 

      Sandstede moved that the name of Clark be added as an author on H. F. No. 4518.  The motion prevailed.

 

 

      Johnson, B., and Hilstrom introduced:

 

      House Resolution No. 9, A House resolution recognizing the week of May 14, 2018, as Police Week and May 15, 2018, as Peace Officers Memorial Day.

 

      The resolution was referred to the Committee on Rules and Legislative Administration.

 

 

ADJOURNMENT

 

      Kresha moved that when the House adjourns today it adjourn until 10:00 a.m., Friday, May 18, 2018.  The motion prevailed.

 

      Kresha moved that the House adjourn.  The motion prevailed, and Speaker pro tempore Garofalo declared the House stands adjourned until 10:00 a.m., Friday, May 18, 2018.

 

 

Patrick D. Murphy, Chief Clerk, House of Representatives