STATE OF
MINNESOTA
EIGHTY-NINTH
SESSION - 2015
_____________________
FIFTY-SIXTH
DAY
Saint Paul, Minnesota, Thursday, May 7, 2015
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 Representative
Sondra Erickson, District 15A, Princeton, 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, M.
Anderson, P.
Anderson, S.
Anzelc
Applebaum
Atkins
Backer
Baker
Barrett
Bennett
Bernardy
Bly
Carlson
Christensen
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Erhardt
Erickson
Fabian
Fenton
Fischer
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kiel
Knoblach
Koznick
Kresha
Laine
Lenczewski
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamara
Melin
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Peppin
Persell
Petersburg
Peterson
Pierson
Pinto
Poppe
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sanders
Schoen
Schomacker
Schultz
Scott
Selcer
Simonson
Smith
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Ward
Whelan
Wills
Yarusso
Youakim
Zerwas
Spk. Daudt
A quorum was present.
Dill, Lesch, Slocum, Wagenius and Winkler
were excused.
Kelly was excused until 12:20 p.m. Newberger was excused until 12:35 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.
PETITIONS
AND COMMUNICATIONS
The following communication was received:
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 Sandra L. Pappas
President of the Senate
I have the honor to inform you that the following enrolled Acts of the 2015 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 2015 |
Date Filed 2015 |
100 15 10:47 a.m. May 5 May 5
1455 16 10:47 a.m. May 5 May 5
Sincerely,
Steve
Simon
Secretary of State
REPORTS OF CHIEF CLERK
S. F. No. 674 and H. F. No. 834, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Uglem moved that S. F. No. 674 be substituted for H. F. No. 834 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1413 and H. F. No. 1940, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.
Simonson moved that S. F. No. 1413 be substituted for H. F. No. 1940 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1478 and H. F. No. 1718, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.
Nash moved that S. F. No. 1478 be substituted for H. F. No. 1718 and that the House File be indefinitely postponed. The motion prevailed.
SECOND READING OF SENATE BILLS
S. F. Nos. 674, 1413 and 1478 were read for the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Quam, Gruenhagen and Newberger introduced:
H. F. No. 2310, A bill for an act relating to health; modifying isolation and quarantine provisions; amending Minnesota Statutes 2014, section 144.4196.
The bill was read for the first time and referred to the Committee on Health and Human Services Reform.
Barrett, McDonald, Atkins, Lillie and Urdahl introduced:
H. F. No. 2311, A bill for an act relating to economic development; establishing a tax refund program for restaurant and hotel renovations or repair; proposing coding for new law in Minnesota Statutes, chapter 469.
The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.
Kahn, Lesch, Liebling, Winkler, Metsa, Considine and Isaacson introduced:
H. F. No. 2312, A bill for an act relating to state government; providing a process for community ownership of a major league soccer team; proposing coding for new law as Minnesota Statutes, chapter 4B.
The bill was read for the first time and referred to the Committee on Government Operations and Elections Policy.
Davids introduced:
H. F. No. 2313, A bill for an act relating to local government; modifying definitions relating to self-insurance and the Nonprofit Insurance Trust; amending Minnesota Statutes 2014, sections 471.98, subdivision 2; 471.982, subdivision 3.
The bill was read for the first time and referred to the Committee on Commerce and Regulatory Reform.
Davids introduced:
H. F. No. 2314, A bill for an act relating to taxation; income; providing for a prepared food donation credit; amending Minnesota Statutes 2014, sections 290.01, subdivisions 19a, 19c; 290.06, by adding a subdivision; 290.091, subdivision 2.
The bill was read for the first time and referred to the Committee on Taxes.
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. 233, 1293, 1504, 1698 and 1765.
JoAnne M. Zoff, Secretary of the Senate
FIRST READING OF SENATE BILLS
S. F. No. 233, A bill for an act relating to health; providing additional accrediting organization for ambulatory health care; amending Minnesota Statutes 2014, section 62Q.37, subdivision 2.
The bill was read for the first time.
Zerwas moved that S. F. No. 233 and H. F. No. 523, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 1293, A bill for an act relating to public safety; expanding the offense of fifth degree criminal sexual conduct; creating the crime of adulteration by bodily fluid; amending Minnesota Statutes 2014, section 609.3451, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 609.
The bill was read for the first time and referred to the Committee on Public Safety and Crime Prevention Policy and Finance.
S. F. No. 1504, A bill for an act relating to health; changing the expiration date for e-Health Advisory Committee, the Trauma Advisory Council, and the Maternal and Child Health Advisory Task Force; suggesting review of data collection on stillbirths and prenatal protocols to prevent stillbirths; amending Minnesota Statutes 2014, sections 62J.495, subdivision 2; 144.608, subdivision 2; 145.8811, subdivision 1.
The bill was read for the first time.
Pierson moved that S. F. No. 1504 and H. F. No. 1714, now on the Calendar for the Day, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 1698, A bill for an act relating to commerce; weights and measures; modifying the commissioner of commerce's powers; clarifying diesel fuel advertisement sign requirements; modifying the definition for ethanol flex fuels; updating fuel standard references; correcting cross-references; amending Minnesota Statutes 2014, sections 239.011, subdivision 2; 239.44; 239.751, by adding a subdivision; 239.761, subdivisions 3, 4, 6, 10, 11, 13, by adding a subdivision; 296A.01, subdivisions 7, 8, 19, 23, 24.
The bill was read for the first time.
Loonan moved that S. F. No. 1698 and H. F. No. 1625, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 1765, A bill for an act relating to health; modifying definitions; increasing the permitted ratio of pharmacy technicians to pharmacists; increasing the size of the Board of Pharmacy; amending Minnesota Statutes 2014, sections 151.01, subdivisions 15a, 27; 151.02; 151.102.
The bill was read for the first time and referred to the Committee on Health and Human Services Finance.
MOTIONS AND RESOLUTIONS
Kahn moved that the names of Sanders and Howe be added as authors on H. F. No. 2166. The motion prevailed.
Anderson, M., moved that the name of Daniels be added as an author on H. F. No. 2256. 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 O'Driscoll.
Dettmer was excused for the remainder of today's session.
There being no objection, the order of business reverted to Calendar for the Day.
CALENDAR FOR THE DAY
S. F. No. 997 was reported to the House.
Schomacker moved to amend S. F. No. 997, the first engrossment, as follows:
Delete everything after the enacting clause and insert the following language of H. F. No. 954, as introduced:
"Section 1. Minnesota Statutes 2014, section 62S.23, subdivision 1, is amended to read:
Subdivision 1. Inflation protection feature. (a) No insurer may offer a long-term care insurance policy unless the insurer also offers to the policyholder, in addition to any other inflation protection, the option to purchase a policy that provides for benefit levels to increase with benefit maximums or reasonable durations which are meaningful to account for reasonably anticipated increases in the costs of long-term care services covered by the policy. In addition to other options that may be offered, insurers must offer to each policyholder, at the time of purchase, the option to purchase a policy with an inflation protection feature no less favorable than one of the following:
(1) increases benefit levels annually in a manner so that the increases are compounded annually at a rate not less than five percent;
(2) guarantees the insured individual the right to periodically increase benefit levels without providing evidence of insurability or health status so long as the option for the previous period has not been declined. The amount of the additional benefit shall be no less than the difference between the existing policy benefit and that benefit compounded annually at a rate of at least five percent for the period beginning with the purchase of the existing benefit and extending until the year in which the offer is made; or
(3) covers a specified percentage of actual or reasonable charges and does not include a maximum specified indemnity amount or limit.
(b) A long-term care partnership policy must provide the inflation protection described in this subdivision. If the policy is sold to an individual who:
(1) has not attained age 61 as of the date of purchase, the policy must provide compound annual inflation protection;
(2) has attained age 61, but has not attained age 76 as of such date, the policy must provide some level of inflation protection; and
(3) has attained the age of 76 as of such date, the policy may, but is not required to, provide some level of inflation protection.
Inflation protection for a long-term care
partnership policy may not be less than three one percent per
year or a rate based on changes in the Consumer Price Index. The commissioner, however, may approve other
types of inflation protection that comply with this section and further the
goals of the partnership program.
EFFECTIVE
DATE. This section is
effective July 1, 2015, and applies to coverage sold on or after that date."
Delete the title and insert:
"A bill for an act relating to insurance; long-term care; reducing the minimum permitted inflation protection for a long-term care insurance partnership policy; continuing to permit other types of inflation protection; amending Minnesota Statutes 2014, section 62S.23, subdivision 1."
The motion prevailed and the amendment was adopted.
Freiberg and Isaacson were excused between the hours of 12:10 p.m. and 12:25 p.m.
Hoppe moved to amend S. F. No. 997, the first engrossment, as amended, as follows:
Page 1, after line 6, insert:
"Section 1. Minnesota Statutes 2014, section 62A.48, subdivision 4, is amended to read:
Subd. 4. Loss ratio. The anticipated loss ratio for long-term care policies must not be less than 65 percent for policies issued on a group basis or 60 percent for policies issued on an individual or mass-market basis. The commissioner shall approve subsequent rate increases that comply with the National Association of Insurance Commissioners Model Bulletin 031813, including the 80 percent loss ratio requirement. This subdivision does not apply to policies issued on or after January 1, 2002, that comply with sections 62S.021 and 62S.081."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
Atkins moved to amend the Hoppe amendment to S. F. No. 997, the first engrossment, as amended, as follows:
Page 1, after line 2, insert:
"Section 1. [62A.241]
DISABILITY INCOME COVERAGE; PROHIBITED PROVISION.
No policy, contract, certificate, or
agreement offered or issued in this state providing for disability income
protection coverage may contain a provision purporting to provide a standard of
review that is inconsistent with the laws of this state, or less favorable to
the enrollee when a claim is denied than a preponderance of the evidence
standard.
EFFECTIVE DATE. This section is effective January 1, 2016, and applies to policies issued or renewed on or after that date."
The motion prevailed and the amendment to the amendment was adopted.
The question recurred on the Hoppe amendment, as amended, to S. F. No. 997, the first engrossment, as amended. The motion prevailed and the amendment, as amended, was adopted.
S. F. No. 997, A bill for an act relating to insurance; long-term care; reducing the minimum permitted inflation protection for a long-term care insurance partnership policy; continuing to permit other types of inflation protection; amending Minnesota Statutes 2014, sections 62S.23, subdivision 1; 62S.24, by adding a subdivision.
The bill was read for the third time, as amended, and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 85 yeas and 37 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Backer
Baker
Barrett
Bennett
Carlson
Christensen
Considine
Cornish
Daniels
Davids
Dean, M.
Drazkowski
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Heintzeman
Hertaus
Hoppe
Howe
Johnson, B.
Johnson, C.
Kiel
Knoblach
Koznick
Kresha
Lien
Lillie
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Marquart
Masin
McDonald
McNamara
Miller
Nash
Newton
Nornes
O'Driscoll
O'Neill
Pelowski
Peppin
Petersburg
Peterson
Pierson
Poppe
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sanders
Schomacker
Scott
Selcer
Smith
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Ward
Whelan
Wills
Zerwas
Spk. Daudt
Those who voted in the negative were:
Allen
Applebaum
Bernardy
Bly
Clark
Dehn, R.
Erhardt
Fischer
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Johnson, S.
Laine
Lenczewski
Liebling
Loeffler
Mahoney
Mariani
Melin
Metsa
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Persell
Pinto
Schoen
Schultz
Simonson
Sundin
Yarusso
Youakim
The bill was passed, as amended, and its title agreed to.
S. F. No. 1438, A bill for an act relating to administrative rules; modifying requirements of a retired workers' compensation judges provision; amending Minnesota Statutes 2014, section 14.49.
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 125 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Applebaum
Atkins
Backer
Baker
Barrett
Bennett
Bernardy
Bly
Carlson
Christensen
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Drazkowski
Erhardt
Erickson
Fabian
Fenton
Fischer
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Knoblach
Koznick
Kresha
Laine
Lenczewski
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamara
Melin
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Peppin
Persell
Petersburg
Peterson
Pierson
Pinto
Poppe
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sanders
Schoen
Schomacker
Schultz
Scott
Selcer
Simonson
Smith
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Ward
Whelan
Wills
Yarusso
Youakim
Zerwas
Spk. Daudt
The bill was passed and its title agreed to.
H. F. No. 177 was reported to the House.
Sanders moved to amend H. F. No. 177, the first engrossment, as follows:
Page 2, after line 7, insert:
"(c) An owner shall file the
following with the commissioner:
(1) an agreement that the owner assumes
all responsibility for the authorized actions of all unlicensed employees and
agents who sell on behalf of the owner the insurance coverage described in this
section; and
(2) an agreement that the owner and the owner's employees and agents are subject to the sections in chapter 72A and in Minnesota Rules, chapter 2790, regarding the marketing of the insurance coverage described in this section and the conduct of persons involved in the sale of the insurance coverage in the same manner as if they were licensed."
Page 2, line 14, delete everything after "owner"
Page 2, delete line 15 and insert "provides to the occupant written notice that:"
Page 2, line 16, delete "summarize" and insert "summarizes"
Page 2, line 18, delete "disclose" and insert "discloses"
Page 2, line 27, delete "state" and insert "states"
Page 2, line 30, delete "describe" and insert "describes"
Page 3, line 5, after "program" insert ", which must be submitted to the commissioner for approval,"
Renumber the paragraphs in sequence and correct the internal references
The motion prevailed and the amendment was adopted.
The Speaker resumed the Chair.
H. F. No. 177, A bill for an act relating to insurance; regulating the sale of self-service storage insurance; proposing coding for new law in Minnesota Statutes, chapter 60K.
The bill was read for the third time, as amended, and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 127 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Applebaum
Atkins
Backer
Baker
Barrett
Bennett
Bernardy
Bly
Carlson
Christensen
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Drazkowski
Erhardt
Erickson
Fabian
Fenton
Fischer
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Knoblach
Koznick
Kresha
Laine
Lenczewski
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamara
Melin
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Peppin
Persell
Petersburg
Peterson
Pierson
Pinto
Poppe
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sanders
Schoen
Schomacker
Schultz
Scott
Selcer
Simonson
Smith
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Ward
Whelan
Wills
Yarusso
Youakim
Zerwas
Spk. Daudt
The bill was passed, as amended, and its title agreed to.
The Speaker called O'Driscoll to the Chair.
REPORT FROM THE COMMITTEE ON RULES
AND LEGISLATIVE ADMINISTRATION
Peppin from the Committee on Rules and Legislative Administration, pursuant to rules 1.21 and 3.33, designated the following bills to be placed on the Calendar for the Day for Monday, May 11, 2015 and established a prefiling requirement for amendments offered to the following bills:
H. F. Nos. 1461, 1772, 1554, 2193 and 1979.
ADJOURNMENT
Peppin moved that when the House adjourns today it adjourn until 9:00 a.m., Friday, May 8, 2015. The motion prevailed.
Peppin moved that the House adjourn. The motion prevailed, and Speaker pro tempore O'Driscoll declared the House stands adjourned until 9:00 a.m., Friday, May 8, 2015.
Patrick D. Murphy, Chief Clerk, House of Representatives