STATE OF
MINNESOTA
NINETIETH
SESSION - 2017
_____________________
THIRTY-NINTH
DAY
Saint Paul, Minnesota, Monday, April 3, 2017
The House of Representatives convened at
10:00 a.m. and was called to order by Tony Albright, Speaker pro tempore.
Prayer was
offered by Pastor Jerry Goodmanson, Giving Waters Family Christian Church,
River Falls, Wisconsin.
The members of the House gave the pledge
of allegiance to the flag of the United States of America.
The roll was called and the following
members were present:
Albright
Allen
Anderson, P.
Anderson, S.
Anselmo
Applebaum
Backer
Bahr, C.
Baker
Barr, R.
Becker-Finn
Bennett
Bernardy
Bliss
Bly
Carlson, A.
Carlson, L.
Christensen
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Ecklund
Erickson
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.
Johnson, S.
Jurgens
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
Miller
Moran
Murphy, E.
Nash
Nelson
Neu
Newberger
Nornes
O'Driscoll
Omar
O'Neill
Pelowski
Peppin
Petersburg
Peterson
Pierson
Pinto
Poston
Pryor
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sandstede
Sauke
Schomacker
Schultz
Slocum
Smith
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Ward
West
Whelan
Wills
Youakim
Zerwas
Spk. Daudt
A quorum was present.
Olson, Poppe and Scott were excused.
Hoppe and Murphy, M., were excused until
12:40 p.m. Kiel was excused until 12:50
p.m. Metsa was excused until 1:10 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.
INTRODUCTION
AND FIRST READING OF HOUSE BILLS
The
following House Files were introduced:
Maye Quade; Slocum; Dehn, R.; Hortman; Davnie; Hilstrom; Moran; Applebaum; Wagenius; Mahoney; Schultz; Flanagan; Metsa; Lesch; Lien; Masin and Fischer introduced:
H. F. No. 2571, A bill for an act relating to education finance; increasing the basic formula allowance by 2.5 percent per year; appropriating money; amending Minnesota Statutes 2016, section 126C.10, subdivision 2.
The bill was read for the first time and referred to the Committee on Education Finance.
Pryor; Johnson, C.; Lee; Kunesh-Podein; Ward; Rosenthal; Freiberg; Poppe; Lillie; Omar; Thissen; Carlson, A.; Koegel; Olson; Sandstede; Mariani; Halverson; Marquart; Loeffler; Youakim; Becker-Finn; Sauke; Ecklund; Considine; Nelson; Sundin; Allen; Flanagan; Bly; Pinto; Bernardy; Hansen and Murphy, E., introduced:
H. F. No. 2572, A bill for an act relating to education finance; increasing the basic formula allowance by 2.5 percent per year; appropriating money; amending Minnesota Statutes 2016, section 126C.10, subdivision 2.
The bill was read for the first time and referred to the Committee on Education Finance.
Whelan; Lohmer; Knoblach; Dean, M.; Scott; Grossell; Miller; Pugh and Backer introduced:
H. F. No. 2573, A bill for an act relating to health; modifying the abortion data required to be reported by physicians or facilities; appropriating money; amending Minnesota Statutes 2016, section 145.4131, subdivision 1.
The bill was read for the first time and referred to the Committee on Health and Human Services Reform.
Dean, M.; Albright and Zerwas introduced:
H. F. No. 2574, A bill for an act relating to health; establishing an advisory council on rare diseases to advise the commissioner of health on issues related to rare diseases; proposing coding for new law in Minnesota Statutes, chapter 144.
The bill was read for the first time and referred to the Committee on Health and Human Services Reform.
Jessup; Schomacker; Dean, M.; Albright and Kiel introduced:
H. F. No. 2575, A bill for an act relating to health; appropriating money to the commissioner of health to regulate health care and home care settings.
The bill was read for the first time and referred to the Committee on Health and Human Services Finance.
Franke; Schomacker; Dean, M.; Albright and Kiel introduced:
H. F. No. 2576, A bill for an act relating to health; requiring recommendations for safety and quality improvement practices for long-term services and supports; appropriating money.
The bill was read for the first time and referred to the Committee on Health and Human Services Reform.
Dean, M.; Albright and Zerwas introduced:
H. F. No. 2577, A bill for an act relating to health; modifying the physician residency expansion grant program; appropriating money; amending Minnesota Statutes 2016, section 144.1506.
The bill was read for the first time and referred to the Committee on Health and Human Services Reform.
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 Davids.
Loeffler was excused between the hours of
12:40 p.m. and 1:20 p.m.
CALENDAR FOR
THE DAY
H. F. No. 140 was reported to
the House.
Erickson moved to amend H. F. No. 140, the fifth engrossment, as follows:
Page 4, line 17, delete the new language and insert "one staff member of a board-approved teacher preparation program provider;"
Page 4, line 18, before "secondary school" insert "principal that alternates each term between an elementary and a"
Page 5, line 20, delete everything after the period
Page 5, delete line 21
Page 5, line 22, delete everything before "The"
Page 5, line 25, delete "no" and insert "reasonable"
Page 18, line 27, delete "2010" and insert "1992" and delete ""Model Core Teaching Standards."" and insert "model standards for beginning teacher licensing and development."
Page 30, delete section 9
Page 32, line 18, after "state" insert ", as determined by the board"
Page 38, line 21, after the ";" insert "and"
Page 38, line 24, delete the new language
Page 38, delete line 25
Page 38, line 26, delete everything before the period
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The motion
prevailed and the amendment was adopted.
The Speaker assumed the Chair.
Mariani moved to amend H. F. No. 140, the fifth engrossment, as amended, as follows:
Page 30, after line 25, insert:
"Sec. 10. Minnesota Statutes 2016, section 122A.18, is amended by adding a subdivision to read:
Subd. 12. Vacancies. A school district must fill a vacancy with a teacher with a Tier 3 or Tier 4 license to the extent possible before filling the vacancy with a teacher with a Tier 1 or Tier 2 license."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Mariani
amendment and the roll was called. There
were 59 yeas and 70 nays as follows:
Those who voted in the affirmative were:
Allen
Applebaum
Becker-Finn
Bennett
Bernardy
Bly
Carlson, A.
Carlson, L.
Clark
Considine
Davids
Davnie
Dehn, R.
Ecklund
Fischer
Flanagan
Freiberg
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Jessup
Johnson,
C.
Johnson, S.
Jurgens
Koegel
Kunesh-Podein
Lee
Lesch
Liebling
Lien
Lillie
Mahoney
Mariani
Marquart
Masin
Maye Quade
Moran
Murphy, E.
Murphy, M.
Nelson
Omar
Pelowski
Pinto
Pryor
Quam
Rosenthal
Sandstede
Sauke
Schultz
Slocum
Sundin
Thissen
Urdahl
Wagenius
Ward
Youakim
Those who voted in the negative were:
Albright
Anderson, P.
Anderson, S.
Anselmo
Backer
Bahr, C.
Baker
Barr, R.
Bliss
Christensen
Cornish
Daniels
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
Lohmer
Loon
Loonan
Lucero
Lueck
McDonald
Miller
Nash
Neu
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Poston
Pugh
Rarick
Runbeck
Schomacker
Smith
Swedzinski
Theis
Torkelson
Uglem
Vogel
West
Whelan
Wills
Zerwas
Spk. Daudt
The
motion did not prevail and the amendment was not adopted.
H. F. No. 140, A bill for
an act relating to education; restructuring Minnesota's teacher licensing
system; establishing the Professional Educator Licensing and Standards Board;
transferring all teacher licensing and support personnel licensing and
credentialing authority to the Professional Educator Licensing and Standards
Board; providing for rulemaking; requiring a report; amending Minnesota
Statutes 2016, sections 120B.363, subdivision 1; 122A.06; 122A.07; 122A.08;
122A.09, subdivisions 1, 2, 3, 4, 4a, 6, 7, 9, 10; 122A.17; 122A.18,
subdivisions 1, 2, 2b, 7a, 7c, 8, by adding a subdivision; 122A.19; 122A.20;
122A.22; 122A.23, subdivision 3; 122A.245, subdivisions 1, 2, 3, 5, 6, 9, 10;
122A.26, subdivision 2; 122A.28; 122A.29; 122A.30; 124D.13, subdivision 11;
124D.454, subdivision 12; 124D.75, subdivisions 1, 6; 125A.67, subdivision 2;
127A.05, subdivision 6; 136A.1791, subdivision 1; 214.04, subdivisions 1, 3;
214.045; proposing coding for new law in Minnesota Statutes, chapter 122A;
repealing Minnesota Statutes 2016, sections 122A.09, subdivisions 5, 8, 11;
122A.14, subdivision 5; 122A.162; 122A.163; 122A.18, subdivisions 2a, 3, 3a, 4,
4a, 6, 7, 7b; 122A.21, subdivision 2; 122A.23, subdivisions 1, 2; 122A.245,
subdivisions 7, 8; 122A.25.
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 76 yeas and 55 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
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Hamilton
Heintzeman
Hertaus
Hoppe
Howe
Jessup
Johnson, B.
Jurgens
Kiel
Knoblach
Koznick
Kresha
Layman
Lohmer
Loon
Loonan
Lucero
Lueck
Mariani
McDonald
Miller
Nash
Neu
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Poston
Pugh
Quam
Rarick
Runbeck
Schomacker
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
West
Whelan
Wills
Zerwas
Spk. Daudt
Those who voted in the negative were:
Allen
Applebaum
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.
Johnson, S.
Koegel
Kunesh-Podein
Lee
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Marquart
Masin
Maye Quade
Metsa
Moran
Murphy, E.
Murphy, M.
Nelson
Omar
Pelowski
Pinto
Pryor
Rosenthal
Sandstede
Sauke
Schultz
Slocum
Sundin
Thissen
Wagenius
Ward
Youakim
The
bill was passed, as amended, and its title agreed to.
S. F. No. 803 was reported
to the House.
Cornish moved to amend S. F. No. 803, the unofficial engrossment, as follows:
Page 3, line 14, delete "1,402,000" and insert "1,506,000" and delete "1,406,000" and insert "1,510,000"
Page 3, after line 14, insert:
"Case
management system
$104,000 each year is for the case management system."
Page 12, line 14, delete "572,847,000" and insert "572,739,000" and delete "568,338,000" and insert "568,438,000"
Page 13, line 18, delete "129,883,000" and insert "129,983,000" and delete "131,794,000" and insert "131,894,000"
Page 14, line 7, delete "85,000" and insert "185,000" and delete the second "85,000" and insert "185,000"
Page 15, line 6, delete "26,074,000" and insert "25,866,000"
Page 15, delete lines 7 to 12
The
motion prevailed and the amendment was adopted.
Hilstrom moved to amend S. F. No. 803, the unofficial engrossment, as amended, as follows:
Page 28, delete section 16
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Hilstrom
amendment and the roll was called. There
were 56 yeas and 75 nays as follows:
Those who voted in the affirmative were:
Allen
Anselmo
Applebaum
Becker-Finn
Bernardy
Bly
Carlson, A.
Carlson, L.
Clark
Considine
Davnie
Dehn, R.
Ecklund
Fischer
Flanagan
Freiberg
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Johnson, C.
Johnson, S.
Koegel
Kunesh-Podein
Lee
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Maye Quade
Metsa
Moran
Murphy, E.
Murphy, M.
Nelson
Omar
Pelowski
Pinto
Pryor
Rosenthal
Sandstede
Sauke
Schultz
Slocum
Sundin
Thissen
Wagenius
Ward
Youakim
Those who voted in the negative were:
Albright
Anderson, P.
Anderson, S.
Backer
Bahr, C.
Baker
Barr, R.
Bennett
Bliss
Christensen
Cornish
Daniels
Davids
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
Lohmer
Loon
Loonan
Lucero
Lueck
McDonald
Miller
Nash
Neu
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Poston
Pugh
Quam
Rarick
Runbeck
Schomacker
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
West
Whelan
Wills
Zerwas
Spk. Daudt
The
motion did not prevail and the amendment was not adopted.
The Speaker called Davids to the Chair.
Hilstrom moved to amend S. F. No. 803, the unofficial engrossment, as amended, as follows:
Page 33, line 16, delete "169.685, subdivision 4;"
Amend the title accordingly
A roll call was requested and
properly seconded.
The question was taken on the Hilstrom
amendment and the roll was called. There
were 64 yeas and 66 nays as follows:
Those who voted in the affirmative were:
Allen
Anderson, S.
Applebaum
Becker-Finn
Bernardy
Bly
Carlson, A.
Carlson, L.
Clark
Considine
Davnie
Dehn, R.
Drazkowski
Ecklund
Fischer
Flanagan
Franke
Freiberg
Haley
Halverson
Hansen
Hausman
Hertaus
Hilstrom
Hornstein
Hortman
Johnson, C.
Johnson, S.
Knoblach
Koegel
Kunesh-Podein
Lee
Lesch
Liebling
Lien
Lillie
Loeffler
Loon
Mahoney
Mariani
Marquart
Masin
Maye Quade
Metsa
Moran
Murphy, E.
Murphy, M.
Nelson
Omar
Pelowski
Pinto
Pryor
Rosenthal
Sandstede
Sauke
Schultz
Slocum
Sundin
Theis
Thissen
Urdahl
Wagenius
Ward
Youakim
Those who voted in the negative were:
Albright
Anderson, P.
Anselmo
Backer
Bahr, C.
Barr, R.
Bennett
Bliss
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Hamilton
Heintzeman
Hoppe
Howe
Jessup
Johnson, B.
Jurgens
Kiel
Koznick
Kresha
Layman
Lohmer
Loonan
Lucero
Lueck
McDonald
Miller
Nash
Neu
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Poston
Pugh
Quam
Rarick
Runbeck
Schomacker
Smith
Swedzinski
Torkelson
Uglem
Vogel
West
Whelan
Wills
Zerwas
Spk. Daudt
The
motion did not prevail and the amendment was not adopted.
Considine moved to amend S. F. No. 803, the unofficial engrossment, as amended, as follows:
Page 52, after line 3, insert:
"Sec. 13. Minnesota Statutes 2016, section 299A.55, subdivision 2, is amended to read:
Subd. 2. Railroad and pipeline safety account. (a) A railroad and pipeline safety account is created in the special revenue fund. The account consists of funds collected under subdivision 4 and funds donated, allotted, transferred, or otherwise provided to the account.
(b) $104,000 $114,000 is
annually appropriated from the railroad and pipeline safety account to the
commissioner of the Pollution Control Agency for environmental protection
activities related to railroad discharge preparedness under chapter 115E.
(c) $500,000 is annually appropriated
from the railroad and pipeline safety account to the commissioner of the
Department of Transportation for improving safety at railroad grade crossings.
(d)
Following the appropriation in paragraph paragraphs (b) and
(c), the remaining money in the account is annually appropriated to the
commissioner of public safety for the purposes specified in subdivision 3.
Sec. 14. Minnesota Statutes 2016, section 299A.55, subdivision 4, is amended to read:
Subd. 4. Assessments. (a) The commissioner of public safety shall annually assess $2,500,000 to railroad and pipeline companies based on the formula specified in paragraph (b). The commissioner shall deposit funds collected under this subdivision in the railroad and pipeline safety account under subdivision 2.
(b) The assessment for each railroad is 50 percent of the total annual assessment amount, divided in equal proportion between applicable rail carriers based on route miles operated in Minnesota. The assessment for each pipeline company is 50 percent of the total annual assessment amount, divided in equal proportion between companies based on the yearly aggregate gallons of oil and hazardous substance transported by pipeline in Minnesota.
(c) The assessments under this
subdivision expire July 1, 2017."
Adjust agency, fund, and bill totals accordingly
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
Cornish moved to amend the Considine amendment to S. F. No. 803, the unofficial engrossment, as amended, as follows:
Page 1, line 17, after "(a)" insert "If the account balance in the railroad and pipeline safety account is below $1,000,000 at any point during a fiscal year," and strike "annually"
Page 1, line 19, after the period, insert "By June 1 annually, the commissioner must notify railroad and pipeline companies regarding the next fiscal year's assessment."
Page 2, line 3, reinstate everything before the stricken "2017" and after the stricken "2017" insert "2019, and after July 1, 2017, and the commissioner of the Office of Management and Budget confirms that sufficient funds are available in the railroad and pipeline safety account, a supplemental appropriation of $100,000 shall be made annually pursuant to the requirements of subdivision 2, paragraph (c)" and reinstate the stricken period
The
motion prevailed and the amendment to the amendment was adopted.
The question recurred on the Considine
amendment, as amended, to S. F. No. 803, the unofficial
engrossment, as amended. The motion
prevailed and the amendment, as amended, was adopted.
Hilstrom moved to amend S. F. No. 803, the unofficial engrossment, as amended, as follows:
Page 4, line 22, delete "fire safety" and insert "railroad and pipeline safety"
Page 4, line 31, delete "fire safety" and insert "railroad and pipeline safety"
Page 5, delete lines 14 and 15
Page 52, after line 3, insert:
"Sec. 13. Minnesota Statutes 2016, section 299A.55, subdivision 2, is amended to read:
Subd. 2. Railroad and pipeline safety account. (a) A railroad and pipeline safety account is created in the special revenue fund. The account consists of funds collected under subdivision 4 and funds donated, allotted, transferred, or otherwise provided to the account.
(b) $104,000 $114,000 is
annually appropriated from the railroad and pipeline safety account to the
commissioner of the Pollution Control Agency for environmental protection
activities related to railroad discharge preparedness under chapter 115E.
(c) Following the appropriation in paragraph (b), the remaining money in the account is annually appropriated to the commissioner of public safety for the purposes specified in subdivision 3.
Sec. 14. Minnesota Statutes 2016, section 299A.55, subdivision 3, is amended to read:
Subd. 3. Allocation of funds. (a) Subject to funding appropriated for this subdivision, the commissioner shall provide funds for training and response preparedness related to (1) derailments, discharge incidents, or spills involving trains carrying oil or other hazardous substances, and (2) pipeline discharge incidents or spills involving oil or other hazardous substances.
(b) The commissioner shall allocate available funds as follows:
(1) $100,000
$1,586,000 annually for emergency response teams and hazmat and
chemical assessment teams; and
(2) the remaining amount to the Board of Firefighter Training and Education under section 299N.02 and the Division of Homeland Security and Emergency Management.
(c) Prior to making allocations under paragraph (b), the commissioner shall consult with the Fire Service Advisory Committee under section 299F.012, subdivision 2.
(d) The
commissioner and the entities identified in paragraph (b), clause (2), shall prioritize
uses of funds based on:
(1) firefighter training needs;
(2) community risk from discharge incidents or spills;
(3) geographic balance; and
(4) recommendations of the Fire Service Advisory Committee.
(e) The following are permissible uses of funds provided under this subdivision:
(1) training costs, which may include, but are not limited to, training curriculum, trainers, trainee overtime salary, other personnel overtime salary, and tuition;
(2) costs of gear and equipment related to hazardous materials readiness, response, and management, which may include, but are not limited to, original purchase, maintenance, and replacement;
(3) supplies related to the uses under clauses (1) and (2); and
(4) emergency preparedness planning and coordination.
(f) Notwithstanding paragraph (b), clause (2), from funds in the railroad and pipeline safety account provided for the purposes under this subdivision, the commissioner may retain a balance in the account for budgeting in subsequent fiscal years.
Sec. 15. Minnesota Statutes 2016, section 299A.55, subdivision 4, is amended to read:
Subd. 4. Assessments. (a) The commissioner of public safety shall annually assess $2,500,000 to railroad and pipeline companies based on the formula specified in paragraph (b). The commissioner shall deposit funds collected under this subdivision in the railroad and pipeline safety account under subdivision 2.
(b) The assessment for each railroad is 50 percent of the total annual assessment amount, divided in equal proportion between applicable rail carriers based on route miles operated in Minnesota. The assessment for each pipeline company is 50 percent of the total annual assessment amount, divided in equal proportion between companies based on the yearly aggregate gallons of oil and hazardous substance transported by pipeline in Minnesota.
(c) The assessments under this
subdivision expire July 1, 2017."
Adjust agency, fund, and bill totals accordingly
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
Cornish moved to amend the Hilstrom amendment to S. F. No. 803, the unofficial engrossment, as amended, as follows:
Page 2, line 25, after "(a)" insert "If the account balance in the railroad and pipeline safety account is below $1,000,000 at any point during a fiscal year," and strike "annually"
Page 2, line 27, after the period, insert "By June 1 annually, the commissioner must notify railroad and pipeline companies regarding the next fiscal year's assessment."
Page 3, line 4, reinstate everything before the stricken "2017" and after the stricken "2017" insert "2019" and reinstate the stricken period
The
motion prevailed and the amendment to the amendment was adopted.
The question recurred on the Hilstrom
amendment, as amended, and the roll was called.
There were 129 yeas and 2 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, P.
Anderson, S.
Anselmo
Applebaum
Backer
Bahr, C.
Baker
Barr, R.
Becker-Finn
Bennett
Bernardy
Bliss
Bly
Carlson, A.
Carlson, L.
Christensen
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Ecklund
Erickson
Fabian
Fenton
Fischer
Flanagan
Franke
Franson
Freiberg
Green
Grossell
Gruenhagen
Gunther
Haley
Halverson
Hamilton
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Jessup
Johnson, B.
Johnson, C.
Johnson, S.
Jurgens
Kiel
Knoblach
Koegel
Koznick
Kresha
Kunesh-Podein
Layman
Lee
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mahoney
Mariani
Marquart
Masin
Maye Quade
McDonald
Metsa
Miller
Moran
Murphy, E.
Murphy, M.
Nash
Nelson
Neu
Newberger
Nornes
O'Driscoll
Omar
O'Neill
Pelowski
Peppin
Petersburg
Peterson
Pierson
Pinto
Poston
Pryor
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sandstede
Sauke
Schomacker
Schultz
Slocum
Smith
Sundin
Swedzinski
Theis
Thissen
Uglem
Urdahl
Vogel
Wagenius
Ward
West
Whelan
Wills
Youakim
Zerwas
Spk. Daudt
Those who voted in the negative were:
Garofalo
Torkelson
The motion prevailed and the amendment, as
amended, was adopted.
Becker-Finn moved to amend S. F. No. 803, the unofficial engrossment, as amended, as follows:
Page 72, delete section 17
Page 75, delete section 20
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
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
Cornish
Daniels
Davids
Davnie
Dehn, R.
Dettmer
Drazkowski
Ecklund
Erickson
Fabian
Fenton
Fischer
Flanagan
Franke
Franson
Freiberg
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Halverson
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Jessup
Johnson, C.
Johnson, S.
Jurgens
Kiel
Knoblach
Koegel
Koznick
Kresha
Kunesh-Podein
Layman
Lee
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mahoney
Mariani
Marquart
Masin
Maye Quade
McDonald
Metsa
Miller
Moran
Murphy, E.
Murphy, M.
Nash
Nelson
Neu
Newberger
Nornes
O'Driscoll
Omar
O'Neill
Pelowski
Peppin
Petersburg
Peterson
Pierson
Pinto
Poston
Pryor
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sandstede
Sauke
Schomacker
Schultz
Slocum
Sundin
Swedzinski
Theis
Thissen
Uglem
Urdahl
Vogel
Wagenius
Ward
West
Whelan
Youakim
Zerwas
Spk. Daudt
Peppin moved that further proceedings of
the roll call be suspended and that the Sergeant at Arms be instructed to bring
in the absentees. The motion prevailed
and it was so ordered.
The question recurred on the Becker-Finn amendment
and the roll was called. There were 56
yeas and 75 nays as follows:
Those who voted in the affirmative were:
Allen
Anselmo
Applebaum
Becker-Finn
Bernardy
Bly
Carlson, A.
Carlson, L.
Clark
Considine
Davnie
Dehn, R.
Ecklund
Fischer
Flanagan
Franke
Freiberg
Halverson
Hamilton
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Johnson, C.
Johnson, S.
Koegel
Kunesh-Podein
Lee
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Masin
Maye Quade
Metsa
Moran
Murphy, E.
Murphy, M.
Nelson
Omar
Pinto
Pryor
Rosenthal
Sandstede
Sauke
Schultz
Slocum
Sundin
Thissen
Wagenius
Ward
Youakim
Those who voted in the negative were:
Albright
Anderson, P.
Anderson, S.
Backer
Bahr, C.
Baker
Barr, R.
Bennett
Bliss
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Heintzeman
Hertaus
Hoppe
Howe
Jessup
Johnson, B.
Jurgens
Kiel
Knoblach
Koznick
Kresha
Layman
Lohmer
Loon
Loonan
Lucero
Lueck
Marquart
McDonald
Miller
Nash
Neu
Newberger
Nornes
O'Driscoll
O'Neill
Pelowski
Peppin
Petersburg
Peterson
Pierson
Poston
Pugh
Quam
Rarick
Runbeck
Schomacker
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
West
Whelan
Wills
Zerwas
Spk. Daudt
The
motion did not prevail and the amendment was not adopted.
The Speaker resumed the Chair.
Hilstrom moved to amend S. F. No. 803, the unofficial engrossment, as amended, as follows:
Page 15, delete lines 7 to 12
Page 34, delete section 2
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Hilstrom
amendment and the roll was called. There
were 57 yeas and 74 nays as follows:
Those who voted in the affirmative were:
Allen
Applebaum
Becker-Finn
Bernardy
Bly
Carlson, A.
Carlson, L.
Clark
Considine
Davnie
Dehn, R.
Ecklund
Fischer
Flanagan
Franke
Freiberg
Halverson
Hamilton
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Johnson, C.
Johnson, S.
Koegel
Kunesh-Podein
Lee
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Maye Quade
Metsa
Moran
Murphy, E.
Murphy, M.
Nelson
Omar
Pelowski
Pinto
Pryor
Rosenthal
Sandstede
Sauke
Schultz
Slocum
Sundin
Thissen
Wagenius
Ward
Youakim
Those who voted in the negative were:
Albright
Anderson, P.
Anderson, S.
Anselmo
Backer
Bahr, C.
Baker
Barr, R.
Bennett
Bliss
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Heintzeman
Hertaus
Hoppe
Howe
Jessup
Johnson, B.
Jurgens
Kiel
Knoblach
Koznick
Kresha
Layman
Lohmer
Loon
Loonan
Lucero
Lueck
McDonald
Miller
Nash
Neu
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Poston
Pugh
Quam
Rarick
Runbeck
Schomacker
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
West
Whelan
Wills
Zerwas
Spk. Daudt
The
motion did not prevail and the amendment was not adopted.
Hilstrom moved to amend S. F. No. 803, the unofficial engrossment, as amended, as follows:
Page 15, delete lines 7 to 12
Page 34, delete section 2 and insert:
"Sec. 2. Minnesota Statutes 2016, section 241.01, subdivision 3a, is amended to read:
Subd. 3a. Commissioner, powers and duties. The commissioner of corrections has the following powers and duties:
(a) To accept persons committed to the commissioner by the courts of this state for care, custody, and rehabilitation.
(b) To determine the place of confinement of committed persons in a correctional facility or other facility of the Department of Corrections and to prescribe reasonable conditions and rules for their employment, conduct, instruction, and discipline within or outside the facility. After July 1, 2017, the commissioner shall not allow inmates to be housed in facilities that are not owned and operated by the state, a local unit of government, or a group of local units of government. Inmates shall not exercise custodial functions or have authority over other inmates.
(c) To administer the money and property of the department.
(d) To administer, maintain, and inspect all state correctional facilities.
(e) To transfer authorized positions and personnel between state correctional facilities as necessary to properly staff facilities and programs.
(f) To utilize state correctional facilities in the manner deemed to be most efficient and beneficial to accomplish the purposes of this section, but not to close the Minnesota Correctional Facility-Stillwater or the Minnesota Correctional Facility-St. Cloud without legislative approval. The commissioner may place juveniles and adults at the same state minimum security correctional facilities, if there is total separation of and no regular contact between juveniles and adults, except contact incidental to admission, classification, and mental and physical health care.
(g) To organize the department and employ personnel the commissioner deems necessary to discharge the functions of the department, including a chief executive officer for each facility under the commissioner's control who shall serve in the unclassified civil service and may, under the provisions of section 43A.33, be removed only for cause.
(h) To define the duties of these employees and to delegate to them any of the commissioner's powers, duties and responsibilities, subject to the commissioner's control and the conditions the commissioner prescribes.
(i) To annually develop a comprehensive set of goals and objectives designed to clearly establish the priorities of the Department of Corrections. This report shall be submitted to the governor commencing January 1, 1976. The commissioner may establish ad hoc advisory committees.
EFFECTIVE DATE. This section is effective the day following final enactment."
Page 40, after line 10, insert:
"Sec. 6. [243.95]
PRIVATE PRISON CONTRACTS PROHIBITED.
The commissioner may not contract with
privately owned and operated prisons for the care, custody, and rehabilitation of
offenders committed to the custody of the commissioner.
EFFECTIVE DATE. This section is effective the day following final enactment."
Page 42, after line 14, insert:
"Sec. 11. [641.015]
PLACEMENT IN PRIVATE PRISONS PROHIBITED.
Subdivision 1. Placement
prohibited. After August 1,
2017, a sheriff shall not allow inmates committed to the custody of the sheriff
to be housed in facilities that are not owned and operated by a local
government, or a group of local units of government.
Subd. 2. Contracts
prohibited. The county board
may not authorize the sheriff to contract with privately owned and operated
prisons for the care, custody, and rehabilitation of offenders committed to the
custody of the sheriff.
EFFECTIVE DATE. This section is effective the day following final enactment."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Hilstrom
amendment and the roll was called. There
were 60 yeas and 71 nays as follows:
Those who voted in the affirmative were:
Allen
Applebaum
Becker-Finn
Bernardy
Bly
Carlson, A.
Carlson, L.
Clark
Considine
Davnie
Dehn, R.
Ecklund
Fischer
Flanagan
Franke
Freiberg
Halverson
Hamilton
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Jessup
Johnson, C.
Johnson, S.
Knoblach
Koegel
Kunesh-Podein
Lee
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Maye Quade
Metsa
Moran
Murphy, E.
Murphy, M.
Nelson
Omar
Pelowski
Pinto
Pryor
Rosenthal
Sandstede
Sauke
Schultz
Slocum
Sundin
Theis
Thissen
Wagenius
Ward
Youakim
Those who voted in the negative were:
Albright
Anderson, P.
Anderson, S.
Anselmo
Backer
Bahr, C.
Baker
Barr, R.
Bennett
Bliss
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Heintzeman
Hertaus
Hoppe
Howe
Johnson, B.
Jurgens
Kiel
Koznick
Kresha
Layman
Lohmer
Loon
Loonan
Lucero
Lueck
McDonald
Miller
Nash
Neu
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Poston
Pugh
Quam
Rarick
Runbeck
Schomacker
Smith
Swedzinski
Torkelson
Uglem
Urdahl
Vogel
West
Whelan
Wills
Zerwas
Spk. Daudt
The motion did
not prevail and the amendment was not adopted.
S. F. No. 803, A bill for
an act relating to public safety; appropriating money for public safety,
courts, corrections, Guardian Ad Litem Board, Uniform Laws Commission, Board on
Judicial Standards, Board of Public Defense, Sentencing Guidelines, Peace
Officer Standards and Training (POST) Board, Private Detective Board, and Human Rights; lowering certain court-related
fees; amending Minnesota Statutes 2016, sections 13.69, subdivision 1;
271.21, subdivision 2; 357.021, subdivision 2; 609.748, subdivision 3a.
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 94 yeas and 37 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, P.
Anderson, S.
Anselmo
Applebaum
Backer
Bahr, C.
Baker
Barr, R.
Becker-Finn
Bennett
Bliss
Carlson, A.
Christensen
Considine
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Ecklund
Erickson
Fabian
Fenton
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Halverson
Hamilton
Heintzeman
Hertaus
Hilstrom
Hoppe
Howe
Jessup
Johnson, B.
Johnson, C.
Jurgens
Kiel
Knoblach
Koegel
Koznick
Kresha
Layman
Lien
Lohmer
Loon
Loonan
Lucero
Lueck
Marquart
Maye Quade
McDonald
Miller
Murphy, M.
Nash
Neu
Newberger
Nornes
O'Driscoll
O'Neill
Pelowski
Peppin
Petersburg
Peterson
Pierson
Pinto
Poston
Pryor
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sauke
Schomacker
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
West
Whelan
Wills
Zerwas
Spk. Daudt
Those who voted in the negative were:
Allen
Bernardy
Bly
Carlson, L.
Clark
Davnie
Dehn, R.
Fischer
Flanagan
Freiberg
Hansen
Hausman
Hornstein
Hortman
Johnson, S.
Kunesh-Podein
Lee
Lesch
Liebling
Lillie
Loeffler
Mahoney
Mariani
Masin
Metsa
Moran
Murphy, E.
Nelson
Omar
Sandstede
Schultz
Slocum
Sundin
Thissen
Wagenius
Ward
Youakim
The bill was
passed, as amended, and its title agreed to.
REPORT
FROM THE COMMITTEE ON RULES
AND LEGISLATIVE ADMINISTRATION
Peppin from the Committee on Rules and
Legislative Administration, pursuant to rules 1.21 and 3.33, designated the
following bills to be placed on the Calendar for the Day for Wednesday, April
5, 2017 and established a prefiling requirement for amendments offered to the
following bills:
H. F. Nos. 1545 and 1717;
and S. F. No. 780.
MOTIONS AND RESOLUTIONS
Erickson moved that the name of Kiel be
added as an author on H. F. No. 140. The motion prevailed.
Fabian moved that the names of Lee and
Thissen be added as authors on H. F. No. 1535. The motion prevailed.
Freiberg moved that the name of Ward be
added as an author on H. F. No. 2526. The motion prevailed.
Omar moved that the name of Hausman be
added as an author on H. F. No. 2558. The motion prevailed.
Becker-Finn moved that the name of Lien be
added as an author on H. F. No. 2570. The motion prevailed.
CALL OF THE HOUSE LIFTED
Peppin moved that the call of the House be
lifted. The motion prevailed and it was
so ordered.
ADJOURNMENT
Peppin moved that when the House adjourns
today it adjourn until 10:00 a.m., Tuesday, April 4, 2017. The motion prevailed.
Peppin moved that the House adjourn. The motion prevailed, and the Speaker
declared the House stands adjourned until 10:00 a.m., Tuesday, April 4, 2017.
Patrick
D. Murphy, Chief
Clerk, House of Representatives