Journal of the House - 16th Day - Wednesday, February 27, 2019 - Top of Page 595

STATE OF MINNESOTA

 

Journal of the House

 

NINETY-FIRST SESSION - 2019

 

_____________________

 

SIXTEENTH DAY

 

Saint Paul, Minnesota, Wednesday, February 27, 2019

 

 

      The House of Representatives convened at 12:00 noon and was called to order by Melissa Hortman, Speaker of the House.

 

      Prayer was offered by Deacon Nathan E. Allen, Archdiocese of Saint Paul and Minneapolis, St. Paul, 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:

 


Acomb

Albright

Anderson

Backer

Bahner

Bahr

Baker

Becker-Finn

Bennett

Bernardy

Bierman

Boe

Brand

Cantrell

Carlson, A.

Carlson, L.

Christensen

Claflin

Considine

Daudt

Davids

Davnie

Dehn

Demuth

Dettmer

Drazkowski

Ecklund

Edelson

Elkins

Erickson

Fabian

Fischer

Franson

Freiberg

Garofalo

Gomez

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hassan

Hausman

Heinrich

Heintzeman

Her

Hertaus

Hornstein

Howard

Huot

Johnson

Jurgens

Klevorn

Kotyza-Witthuhn

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Lippert

Lislegard

Loeffler

Long

Lucero

Lueck

Mahoney

Mann

Mariani

Marquart

Masin

McDonald

Mekeland

Miller

Moran

Morrison

Munson

Murphy

Nash

Nelson

Neu

Noor

Nornes

O'Driscoll

Olson

O'Neill

Persell

Petersburg

Pierson

Pinto

Poppe

Poston

Pryor

Quam

Richardson

Robbins

Runbeck

Sandell

Sandstede

Sauke

Schomacker

Schultz

Scott

Stephenson

Sundin

Swedzinski

Tabke

Theis

Torkelson

Urdahl

Vang

Vogel

Wagenius

Wazlawik

Winkler

Wolgamott

Xiong, J.

Youakim

Zerwas

Spk. Hortman


 

      A quorum was present.

 

      Daniels, Kiel, Koegel, Moller, Pelowski, West and Xiong, T., were excused.

 

      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 - 16th Day - Wednesday, February 27, 2019 - Top of Page 596

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Carlson, L., from the Committee on Ways and Means to which was referred:

 

H. F. No. 13, A bill for an act proposing an amendment to the Minnesota Constitution, article I, by adding a section; providing for gender equality under the law.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Rules and Legislative Administration.

 

      The report was adopted.

 

 

Carlson, L., from the Committee on Ways and Means to which was referred:

 

H. F. No. 47, A bill for an act relating to agriculture; extending by ten years the agricultural fertilizer research and education fee, the Minnesota Agricultural Fertilizer Research and Education Council, the Minnesota agricultural fertilizer research and education program, and the agricultural fertilizer research and education account; amending Minnesota Statutes 2018, sections 18C.425, subdivision 6; 18C.70, subdivision 5; 18C.71, subdivision 4; 18C.80, subdivision 2.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Government Operations.

 

      The report was adopted.

 

 

Carlson, L., from the Committee on Ways and Means to which was referred:

 

H. F. No. 70, A bill for an act relating to public safety; creating the Task Force on Missing and Murdered Indigenous Women; requiring an annual report on issues related to violence against indigenous women and girls; appropriating money for the Task Force on Missing and Murdered Indigenous Women.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  TASK FORCE ON MISSING AND MURDERED INDIGENOUS WOMEN.

 

Subdivision 1.  Creation and duties.  (a) By September 1, 2019, the commissioner, in consultation with the Minnesota Indian Affairs Council, shall appoint members to the Task Force on Missing and Murdered Indigenous Women to advise the commissioner and report to the legislature on recommendations to reduce and end violence against indigenous women and girls in Minnesota, including members of the two spirit community.  The task force may also serve as a liaison between the commissioner and agencies and nongovernmental organizations that provide services to victims, victims' families, and victims' communities.  Task force members may receive expense reimbursement as specified in Minnesota Statutes, section 15.059, subdivision 6.

 

(b) The Task Force on Missing and Murdered Indigenous Women must examine and report on the following:


Journal of the House - 16th Day - Wednesday, February 27, 2019 - Top of Page 597

(1) the systemic causes behind violence that indigenous women and girls experience, including patterns and underlying factors that explain why disproportionately high levels of violence occur against indigenous women and girls, including underlying historical, social, economic, institutional, and cultural factors which may contribute to the violence;

 

(2) appropriate methods for tracking and collecting data on violence against indigenous women and girls, including data on missing and murdered indigenous women and girls;

 

(3) policies and institutions such as policing, child welfare, coroner practices, and other governmental practices that impact violence against indigenous women and girls and the investigation and prosecution of crimes of gender violence against indigenous people;

 

(4) measures necessary to address and reduce violence against indigenous women and girls; and

 

(5) measures to help victims, victims' families, and victims' communities prevent and heal from violence that occurs against indigenous women and girls.

 

(c) For the purposes of this section, "commissioner" means the commissioner of public safety and "nongovernmental organizations" means nonprofit, nongovernmental organizations that provide legal, social, or other community services.

 

Subd. 2.  Membership.  (a) To the extent practicable, the Task Force on Missing and Murdered Indigenous Women shall consist of the following individuals, or their designees, who are knowledgeable in crime victims' rights or violence protection and, unless otherwise specified, members shall be appointed by the commissioner:

 

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

 

(2) two members of the house of representatives, one appointed by the speaker of the house and one appointed by the minority leader;

 

(3) two representatives from among the following: 

 

(i) the Minnesota Chiefs of Police Association;

 

(ii) the Minnesota Sheriffs' Association;

 

(iii) the Bureau of Criminal Apprehension;

 

(iv) the Minnesota Police and Peace Officers Association; or

 

(v) a peace officer who works for and resides on a federally recognized American Indian reservation in Minnesota;

 

(4) one or more representatives from among the following:

 

(i) the Minnesota County Attorneys Association;

 

(ii) the United States Attorney's Office; or

 

(iii) a judge or attorney working in juvenile court;


Journal of the House - 16th Day - Wednesday, February 27, 2019 - Top of Page 598

(5) a county coroner or a representative from a statewide coroner's association or a representative of the Department of Health;

 

(6) one representative from each of the 11 federally recognized tribal governments, with a preference for individuals who work with victims of violence or their families; and

 

(7) four or more representatives from among the following:

 

(i) a tribal, statewide, or local organization that provides legal services to indigenous women and girls;

 

(ii) a tribal, statewide, or local organization that provides advocacy or counseling for indigenous women and girls who have been victims of violence;

 

(iii) a tribal, statewide, or local organization that provides services to indigenous women and girls;

 

(iv) the Minnesota Indian Women's Sexual Assault Coalition;

 

(v) Mending the Sacred Hoop;

 

(vi) an Indian health organization or agency; or

 

(vii) an indigenous woman who is a survivor of gender violence.

 

(b) Members of the task force serve at the pleasure of the appointing authority or until the task force expires.  Vacancies in commissioner appointed positions shall be filled by the commissioner consistent with the qualifications of the vacating member required by this subdivision.

 

Subd. 3.  Officers; meetings.  (a) The task force members shall annually elect a chair and vice-chair from among the task force's members, and may elect other officers as necessary.  The task force shall meet at least quarterly, or upon the call of its chair, and may hold meetings throughout the state.  The task force shall meet sufficiently enough to accomplish the tasks identified in this section.  Meetings of the task force are subject to Minnesota Statutes, chapter 13D.  The task force shall seek out and enlist the cooperation and assistance of nongovernmental organizations, community and advocacy organizations working with the American Indian community, and academic researchers and experts, specifically those specializing in violence against indigenous women and girls, representing diverse communities disproportionately affected by violence against women and girls, or focusing on issues related to gender violence and violence against indigenous women and girls.

 

(b) The commissioner shall convene the first meeting of the task force no later than October 1, 2019, and shall provide meeting space and administrative assistance as necessary for the task force to conduct its work.

 

Subd. 4.  Report.  The task force shall report to the chairs and ranking minority members of the legislative committees with jurisdiction over public safety, human services, and state government on the work of the task force, including but not limited to the issues to be examined in subdivision 1, and shall include in the report institutional policies and practices or proposed institutional policies and practices that are effective in reducing gender violence and increasing the safety of indigenous women and girls.  The report shall include recommendations to reduce and end violence against indigenous women and girls and help victims and communities heal from gender violence and violence against indigenous women and girls.  The report shall be submitted to the legislative committees by December 15, 2020.


Journal of the House - 16th Day - Wednesday, February 27, 2019 - Top of Page 599

Subd. 5.  Expiration.  Notwithstanding Minnesota Statutes, section 15.059, the task force expires December 31, 2020.

 

Sec. 2.  FUNDING FOR THE TASK FORCE ON MISSING AND MURDERED INDIGENOUS WOMEN; APPROPRIATION.

 

$100,000 in fiscal year 2020 and $50,000 in fiscal year 2021 are appropriated from the general fund to the commissioner of public safety to implement section 1 relating to the Task Force on Missing and Murdered Indigenous Women."

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Government Operations.

 

      The report was adopted.

 

 

Carlson, L., from the Committee on Ways and Means to which was referred:

 

H. F. No. 129, A bill for an act relating to state government; requiring compensation and expense reimbursement for public members of the Governor's Council on Developmental Disabilities; amending Minnesota Statutes 2018, section 16B.054.

 

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

 

      The report was adopted.

 

 

Carlson, L., from the Committee on Ways and Means to which was referred:

 

H. F. No. 374, A bill for an act relating to unemployment insurance; adopting changes recommended by the Unemployment Insurance Advisory committee in the 2018 legislative session; amending Minnesota Statutes 2018, sections 268.035, subdivisions 4, 12, 15, 20; 268.044, subdivisions 2, 3; 268.046, subdivision 1; 268.047, subdivision 3; 268.051, subdivisions 2a, 3; 268.053, subdivision 1; 268.057, subdivision 5; 268.059; 268.066; 268.067; 268.069, subdivision 1; 268.07, subdivision 1; 268.085, subdivisions 3, 3a, 13a; 268.095, subdivisions 6, 6a; 268.105, subdivision 6; 268.145, subdivision 1; 268.18, subdivisions 2b, 5; repealing Minnesota Statutes 2018, section 268.053, subdivisions 4, 5.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

UNEMPLOYMENT INSURANCE ADVISORY COUNCIL; POLICY

 

Section 1.  Minnesota Statutes 2018, section 268.035, subdivision 12, is amended to read:

 

Subd. 12.  Covered employment.  (a) "Covered employment" means the following unless excluded as "noncovered employment" under subdivision 20:

 

(1) an employee's entire employment during the calendar quarter if:


Journal of the House - 16th Day - Wednesday, February 27, 2019 - Top of Page 600

(i) (1) 50 percent or more of the employment during the quarter is performed primarily in Minnesota;

 

(ii) (2) 50 percent or more of the employment during the quarter is not performed primarily in Minnesota or any other state, or Canada, but some of the employment is performed in Minnesota and the base of operations or the place from which the employment is directed or controlled is in Minnesota; or

 

(iii) the employment during the quarter is not performed primarily in Minnesota or any other state and the base of operations or place from which the employment is directed or controlled is not in any state where part of the employment is performed, but the employee's residence is in Minnesota during 50 percent or more of the calendar quarter;

 

(2) an employee's entire employment during the calendar quarter performed within the United States or Canada, if:

 

(i) the employment is not covered employment under the unemployment insurance program of any other state, federal law, or the law of Canada; and

 

(ii) the place from which the employment is directed or controlled is in Minnesota;

 

(3) the employment during the calendar quarter, is performed entirely outside the United States and Canada, by an employee who is a United States citizen in the employ of an American employer, if the employer's principal place of business in the United States is located in Minnesota.  For the purposes of this clause, an "American employer," for the purposes of this clause, means a corporation organized under the laws of any state, an individual who is a resident of the United States, or a partnership if two-thirds or more of the partners are residents of the United States, or a trust, if all of the trustees are residents of the United States is defined under the Federal Unemployment Tax Act, United States Code title 26, chapter 23, section 3306, subsection (j)(3); and or

 

(4) all the employment during the calendar quarter is performed by an officer or member of the crew of an American vessel on or in connection with the vessel, if the operating on navigable waters within, or within and without, the United States, and the office from which the operations of the vessel operating on navigable waters within, or within and without, the United States are ordinarily and regularly supervised, managed, directed, and controlled is in Minnesota.

 

(b) "Covered employment" includes covered agricultural employment under subdivision 11.

 

(c) For the purposes of section 268.095, "covered employment" includes employment covered under an unemployment insurance program:

 

(1) of any other state; or

 

(2) established by an act of Congress.; or

 

(3) the law of Canada.

 

(d) The percentage of employment performed under paragraph (a) is determined by the amount of hours worked.

 

(e) Covered employment does not include any employment defined as "noncovered employment" under subdivision 20.


Journal of the House - 16th Day - Wednesday, February 27, 2019 - Top of Page 601

Sec. 2.  Minnesota Statutes 2018, section 268.035, subdivision 20, is amended to read:

 

Subd. 20.  Noncovered employment.  "Noncovered employment" means:

 

(1) employment for the United States government or an instrumentality thereof, including military service;

 

(2) employment for a state, other than Minnesota, or a political subdivision or instrumentality thereof;

 

(3) employment for a foreign government;

 

(4) employment covered under the federal Railroad Unemployment Insurance Act;

 

(5) employment for a church or convention or association of churches, or a nonprofit organization operated primarily for religious purposes that is operated, supervised, controlled, or principally supported by a church or convention or association of churches;

 

(6) employment for an elementary or secondary school with a curriculum that includes religious education that is operated by a church, a convention or association of churches, or a nonprofit organization that is operated, supervised, controlled, or principally supported by a church or convention or association of churches;

 

(7) employment for Minnesota or a political subdivision, or a nonprofit organization, of a duly ordained or licensed minister of a church in the exercise of a ministry or by a member of a religious order in the exercise of duties required by the order;

 

(8) employment for Minnesota or a political subdivision, or a nonprofit organization, of an individual receiving rehabilitation of "sheltered" work in a facility conducted for the purpose of carrying out a program of rehabilitation for individuals whose earning capacity is impaired by age or physical or mental deficiency or injury or a program providing "sheltered" work for individuals who because of an impaired physical or mental capacity cannot be readily absorbed in the competitive labor market.  This clause applies only to services performed in a facility certified by the Rehabilitation Services Branch of the department or in a day training or habilitation program licensed by the Department of Human Services;

 

(9) employment for Minnesota or a political subdivision, or a nonprofit organization, of an individual receiving work relief or work training as part of an unemployment work relief or work training program financed in whole or in part by any federal agency or an agency of a state or political subdivision thereof.  This clause does not apply to programs that require unemployment benefit coverage for the participants;

 

(10) employment for Minnesota or a political subdivision, as an elected official, a member of a legislative body, or a member of the judiciary;

 

(11) employment as a member of the Minnesota National Guard or Air National Guard;

 

(12) employment for Minnesota or a political subdivision, or instrumentality thereof, of an individual serving on a temporary basis in case of fire, flood, tornado, or similar emergency;

 

(13) employment as an election official or election worker for Minnesota or a political subdivision, if the compensation for that employment was less than $1,000 in a calendar year;

 

(14) employment for Minnesota that is a major policy-making or advisory position in the unclassified service;

 

(15) employment for Minnesota in an unclassified position established under section 43A.08, subdivision 1a;


Journal of the House - 16th Day - Wednesday, February 27, 2019 - Top of Page 602

(16) employment for a political subdivision of Minnesota that is a nontenured major policy making or advisory position;

 

(17) domestic employment in a private household, local college club, or local chapter of a college fraternity or sorority, if the wages paid in any calendar quarter in either the current or prior calendar year to all individuals in domestic employment totaled less than $1,000.

 

"Domestic employment" includes all service in the operation and maintenance of a private household, for a local college club, or local chapter of a college fraternity or sorority as distinguished from service as an employee in the pursuit of an employer's trade or business;

 

(18) employment of an individual by a son, daughter, or spouse, and employment of a child under the age of 18 by the child's father or mother;

 

(19) employment of an inmate of a custodial or penal institution;

 

(20) employment for a school, college, or university, by a student who is enrolled and whose primary relation to the school, college, or university is as a student.  This does not include an individual whose primary relation to the school, college, or university is as an employee who also takes courses;

 

(21) employment of an individual who is enrolled as a student in a full-time program at a nonprofit or public educational institution that maintains a regular faculty and curriculum and has a regularly organized body of students in attendance at the place where its educational activities are carried on, taken for credit at the institution, that combines academic instruction with work experience, if the employment is an integral part of the program, and the institution has so certified to the employer, except that this clause does not apply to employment in a program established for or on behalf of an employer or group of employers;

 

(22) employment of a foreign college or university student who works on a seasonal or temporary basis under the J-1 visa summer work travel program described in Code of Federal Regulations, title 22, section 62.32;

 

(22) (23) employment of university, college, or professional school students in an internship or other training program with the city of St. Paul or the city of Minneapolis under Laws 1990, chapter 570, article 6, section 3;

 

(23) (24) employment for a hospital by a patient of the hospital.  "Hospital" means an institution that has been licensed by the Department of Health as a hospital;

 

(24) (25) employment as a student nurse for a hospital or a nurses' training school by an individual who is enrolled and is regularly attending classes in an accredited nurses' training school;

 

(25) (26) employment as an intern for a hospital by an individual who has completed a four-year course in an accredited medical school;

 

(26) (27) employment as an insurance salesperson, by other than a corporate officer, if all the wages from the employment is solely by way of commission.  The word "insurance" includes an annuity and an optional annuity;

 

(27) (28) employment as an officer of a township mutual insurance company or farmer's mutual insurance company under chapter 67A;


Journal of the House - 16th Day - Wednesday, February 27, 2019 - Top of Page 603

(28) (29) employment of a corporate officer, if the officer directly or indirectly, including through a subsidiary or holding company, owns 25 percent or more of the employer corporation, and employment of a member of a limited liability company, if the member directly or indirectly, including through a subsidiary or holding company, owns 25 percent or more of the employer limited liability company;

 

(29) (30) employment as a real estate salesperson, other than a corporate officer, if all the wages from the employment is solely by way of commission;

 

(30) (31) employment as a direct seller as defined in United States Code, title 26, section 3508;

 

(31) (32) employment of an individual under the age of 18 in the delivery or distribution of newspapers or shopping news, not including delivery or distribution to any point for subsequent delivery or distribution;

 

(32) (33) casual employment performed for an individual, other than domestic employment under clause (17), that does not promote or advance that employer's trade or business;

 

(33) (34) employment in "agricultural employment" unless it is "covered agricultural employment" under subdivision 11; or

 

(34) (35) if employment during one-half or more of any pay period was covered employment, all the employment for the pay period is covered employment; but if during more than one-half of any pay period the employment was noncovered employment, then all of the employment for the pay period is noncovered employment.  "Pay period" means a period of not more than a calendar month for which a payment or compensation is ordinarily made to the employee by the employer.

 

Sec. 3.  Minnesota Statutes 2018, section 268.051, subdivision 2a, is amended to read:

 

Subd. 2a.  Unemployment insurance tax limits reduction.  (a) If the balance in the trust fund on December 31 of any calendar year is four percent or more above the amount equal to an average high cost multiple of 1.0, future unemployment taxes payable must be reduced by all amounts above 1.0.  The amount of tax reduction for any taxpaying employer is the same percentage of the total amount above 1.0 as the percentage of taxes paid by the employer during the calendar year is of the total amount of taxes that were paid by all nonmaximum experience rated employers during the year except taxes paid by employers assigned a tax rate equal to the maximum experience rating plus the applicable base tax rate.

 

(b) For purposes of this subdivision, "average high cost multiple" has the meaning given in Code of Federal Regulations, title 20, section 606.3, as amended through December 31, 2015.  An amount equal to an average high cost multiple of 1.0 is a federal measure of adequate reserves in relation to the state's current economy.  The commissioner must calculate and publish, as soon as possible following December 31 of any calendar year, the trust fund balance on December 31 along with the amount an average high cost multiple of 1.0 equals.  Actual wages paid must be used in the calculation and estimates may not be used.

 

(c) The unemployment tax reduction under this subdivision does not apply to employers that were at assigned a tax rate equal to the maximum experience rating plus the applicable base tax rate for the year, nor to high experience rating industry employers under subdivision 5, paragraph (b).  Computations under paragraph (a) are not subject to the rounding requirement of section 268.034.  The refund provisions of section 268.057, subdivision 7, do not apply.


Journal of the House - 16th Day - Wednesday, February 27, 2019 - Top of Page 604

(d) The unemployment tax reduction under this subdivision applies to taxes paid between March 1 and December 15 of the year following the December 31 computation under paragraph (a).

 

(e) The amount equal to the average high cost multiple of 1.0 on December 31, 2012, must be used for the calculation under paragraph (a) but only for the calculation made on December 31, 2015.  Notwithstanding paragraph (d), the tax reduction resulting from the application of this paragraph applies to unemployment taxes paid between July 1, 2016, and June 30, 2017.  If there was an experience rating history transfer under subdivision 4, the successor employer must receive that portion of the predecessor employer's tax reduction equal to that portion of the experience rating history transferred.  The predecessor employer retains that portion of tax reduction not transferred to the successor.  This paragraph applies to that portion of the tax reduction that remains unused at the time of notice of acquisition is provided under subdivision 4, paragraph (e).

 

Sec. 4.  EFFECTIVE DATE.

 

Unless otherwise specified, this article is effective October 1, 2020.

 

ARTICLE 2

UNEMPLOYMENT INSURANCE ADVISORY COUNCIL; INTEREST

 

Section 1.  Minnesota Statutes 2018, section 268.057, subdivision 5, is amended to read:

 

Subd. 5.  Interest on amounts past due.  If any amounts due from an employer under this chapter or section 116L.20, except late fees under section 268.044, are not received on the date due the unpaid balance bears the commissioner must assess interest on any amount that remains unpaid.  Interest is assessed at the rate of one percent per month or any part of a month.  Interest is not assessed on unpaid interest.  Interest collected under this subdivision is credited to the contingent account.

 

EFFECTIVE DATE.  This section is effective October 1, 2020.

 

Sec. 2.  Minnesota Statutes 2018, section 268.18, subdivision 2b, is amended to read:

 

Subd. 2b.  Interest.  On any unemployment benefits obtained by misrepresentation, and any penalty amounts assessed under subdivision 2, the commissioner must assess interest at the rate of one percent per month on any amount that remains unpaid beginning 30 calendar days after the date of a determination of overpayment penalty.  Interest is assessed at the rate of one percent per month or any part of a month.  A determination of overpayment penalty must state that interest will be assessed.  Interest is not assessed in the same manner as on employer debt under section 268.057, subdivision 5 on unpaid interest.  Interest payments collected under this subdivision are is credited to the trust fund.

 

EFFECTIVE DATE.  This section is effective October 1, 2020.

 

ARTICLE 3

UNEMPLOYMENT INSURANCE ADVISORY COUNCIL; BASE PERIODS

 

Section 1.  Minnesota Statutes 2018, section 268.035, subdivision 4, is amended to read:

 

Subd. 4.  Base period.  (a) "Base period," unless otherwise provided in this subdivision, means the most recent four completed calendar quarters before the effective date of an applicant's application for unemployment benefits if the application has an effective date occurring after the month following the most recent completed calendar quarter.  The base period under this paragraph is as follows:


Journal of the House - 16th Day - Wednesday, February 27, 2019 - Top of Page 605

If the application for unemployment benefits is effective on or between these dates: 

 

 

The base period is the prior: 

 

February 1 - March 31

 

January 1 - December 31

 

May 1 - June 30

 

April 1 - March 31

 

August 1 - September 30

 

July 1 - June 30

 

November 1 - December 31

 

October 1 - September 30

 

(b) If an application for unemployment benefits has an effective date that is during the month following the most recent completed calendar quarter, then the base period is the first four of the most recent five completed calendar quarters before the effective date of an applicant's application for unemployment benefits.  The base period under this paragraph is as follows:

 

 

If the application for unemployment benefits is effective on or between these dates: 

 

 

The base period is the prior: 

 

January 1 - January 31

 

October 1 - September 30

 

April 1 - April 30

 

January 1 - December 31

 

July 1 - July 31

 

April 1 - March 31

 

October 1 - October 31

 

July 1 - June 30

 

(c) Regardless of paragraph (a), a base period of the first four of the most recent five completed calendar quarters must be used if the applicant would have more wage credits under that base period than under a base period of the four most recent completed calendar quarters.

 

(d) If the applicant under paragraph (b) has insufficient wage credits to establish a benefit account, then a base period of the most recent four completed calendar quarters before the effective date of the applicant's application for unemployment benefits must be used.

 

(e) (d) If the applicant has insufficient wage credits to establish a benefit account under a base period of the four most recent completed calendar quarters, or a base period of the first four of the most recent five completed calendar quarters, but during either base period the applicant received workers' compensation for temporary disability under chapter 176 or a similar federal law or similar law of another state, or if the applicant whose own serious illness caused a loss of work for which the applicant received compensation for loss of wages from some other source, the applicant may request a base period as follows:

 

(1) if an applicant was compensated for a loss of work of seven to 13 weeks, during a base period referred to in paragraph (a) or (b), then the base period is the first four of the most recent six completed calendar quarters before the effective date of the application for unemployment benefits;

 

(2) if an applicant was compensated for a loss of work of 14 to 26 weeks, during a base period referred to in paragraph (a) or (b), then the base period is the first four of the most recent seven completed calendar quarters before the effective date of the application for unemployment benefits;

 

(3) if an applicant was compensated for a loss of work of 27 to 39 weeks, during a base period referred to in paragraph (a) or (b), then the base period is the first four of the most recent eight completed calendar quarters before the effective date of the application for unemployment benefits; and

 

(4) if an applicant was compensated for a loss of work of 40 to 52 weeks, during a base period referred to in paragraph (a) or (b), then the base period is the first four of the most recent nine completed calendar quarters before the effective date of the application for unemployment benefits.

 

(f) (e) No base period under this subdivision may include wage credits upon which a prior benefit account was established.


Journal of the House - 16th Day - Wednesday, February 27, 2019 - Top of Page 606

Sec. 2.  Minnesota Statutes 2018, section 268.07, subdivision 1, is amended to read:

 

Subdivision 1.  Application for unemployment benefits; determination of benefit account.  (a) An application for unemployment benefits may be filed in person, by mail, or by electronic transmission as the commissioner may require.  The applicant must be unemployed at the time the application is filed and must provide all requested information in the manner required.  If the applicant is not unemployed at the time of the application or fails to provide all requested information, the communication is not an application for unemployment benefits.

 

(b) The commissioner must examine each application for unemployment benefits to determine the base period and the benefit year, and based upon all the covered employment in the base period the commissioner must determine the weekly unemployment benefit amount available, if any, and the maximum amount of unemployment benefits available, if any.  The determination, which is a document separate and distinct from a document titled a determination of eligibility or determination of ineligibility issued under section 268.101, must be titled determination of benefit account.  A determination of benefit account must be sent to the applicant and all base period employers, by mail or electronic transmission.

 

(c) If a base period employer did not provide wage detail information for the applicant as required under section 268.044, or provided erroneous information, or wage detail is not yet due and the applicant is using a base period under section 268.035, subdivision 4, paragraph (d), the commissioner may accept an applicant certification of wage credits, based upon the applicant's records, and issue a determination of benefit account.

 

(d) An employer must provide wage detail information on an applicant within five calendar days of request by the commissioner, in a manner and format requested, when:

 

(1) the applicant is using a base period under section 268.035, subdivision 4, paragraph (d); and

 

(2) wage detail under section 268.044 is not yet required to have been filed by the employer.

 

(e) (d) The commissioner may, at any time within 24 months from the establishment of a benefit account, reconsider any determination of benefit account and make an amended determination if the commissioner finds that the wage credits listed in the determination were incorrect for any reason.  An amended determination of benefit account must be promptly sent to the applicant and all base period employers, by mail or electronic transmission.  This subdivision does not apply to documents titled determinations of eligibility or determinations of ineligibility issued under section 268.101.

 

(f) (e) If an amended determination of benefit account reduces the weekly unemployment benefit amount or maximum amount of unemployment benefits available, any unemployment benefits that have been paid greater than the applicant was entitled is an overpayment of unemployment benefits.  A determination or amended determination issued under this section that results in an overpayment of unemployment benefits must set out the amount of the overpayment and the requirement under section 268.18, subdivision 1, that the overpaid unemployment benefits must be repaid.

 

Sec. 3.  EFFECTIVE DATE.

 

Unless otherwise specified, this article is effective January 1, 2020.

 

ARTICLE 4

UNEMPLOYMENT INSURANCE ADVISORY COUNCIL; HOUSEKEEPING

 

Section 1.  Minnesota Statutes 2018, section 268.035, subdivision 15, is amended to read:


Journal of the House - 16th Day - Wednesday, February 27, 2019 - Top of Page 607

Subd. 15.  Employment.  (a) "Employment" means service performed by:

 

(1) an individual who is an employee under the common law of employer-employee and not an independent contractor;

 

(2) an officer of a corporation;

 

(3) a member of a limited liability company who is an employee under the common law of employer-employee; or

 

(4) an individual who is an employee under the Federal Insurance Contributions Act, United States Code, title 26, chapter 21, sections 3121 (d)(3)(A) and 3121 (d)(3)(D); or

 

(4) (5) product demonstrators in retail stores or other locations to aid in the sale of products.  The person that pays the wages is the employer.

 

(b) Employment does not include service as a juror.

 

(c) Construction industry employment is defined in subdivision 9a.  Trucking and messenger/courier industry employment is defined in subdivision 25b.  Rules on determining worker employment status are described under Minnesota Rules, chapter 3315.

 

Sec. 2.  Minnesota Statutes 2018, section 268.044, subdivision 2, is amended to read:

 

Subd. 2.  Failure to timely file report; late fees.  (a) Any employer that fails to submit the quarterly wage detail report when due must pay a late fee of $10 per employee, computed based upon the highest of:

 

(1) the number of employees reported on the last wage detail report submitted;

 

(2) the number of employees reported in the corresponding quarter of the prior calendar year; or

 

(3) if no wage detail report has ever been submitted, the number of employees listed at the time of employer registration.

 

The late fee is canceled if the wage detail report is received within 30 calendar days after a demand for the report is sent to the employer by mail or electronic transmission.  A late fee assessed an employer may not be canceled more than twice each 12 months.  The amount of the late fee assessed may not be less than $250.

 

(b) If the wage detail report is not received in a manner and format prescribed by the commissioner within 30 calendar days after demand is sent under paragraph (a), the late fee assessed under paragraph (a) doubles and a renewed demand notice and notice of the increased late fee will be sent to the employer by mail or electronic transmission.

 

(c) Late fees due under this subdivision may be canceled, in whole or in part, under section 268.066 where good cause for late submission is found by the commissioner 268.067.

 

Sec. 3.  Minnesota Statutes 2018, section 268.047, subdivision 3, is amended to read:

 

Subd. 3.  Exceptions for taxpaying employers.  Unemployment benefits paid will not be used in computing the future tax rate of a taxpaying base period employer when:

 

(1) the applicant's wage credits from that employer are less than $500;


Journal of the House - 16th Day - Wednesday, February 27, 2019 - Top of Page 608

(2) the applicant quit the employment, unless it was determined under section 268.095, to have been because of a good reason caused by the employer or because the employer notified the applicant of discharge within 30 calendar days.  This exception applies only to unemployment benefits paid for periods after the applicant's quitting the employment and, if the applicant is rehired by the employer, continues only until the beginning of the week the applicant is rehired; or

 

(3) the employer discharged the applicant from employment because of employment misconduct as determined under section 268.095.  This exception applies only to unemployment benefits paid for periods after the applicant's discharge from employment and, if the applicant is rehired by the employer, continues only until the beginning of the week the applicant is rehired.

 

Sec. 4.  Minnesota Statutes 2018, section 268.085, subdivision 3, is amended to read:

 

Subd. 3.  Vacation and sick payments that delay unemployment benefits.  (a) An applicant is not eligible to receive unemployment benefits for any week the applicant is receiving, has received, or will receive vacation pay, sick pay, or personal time off pay, also known as "PTO."

 

This paragraph only applies upon temporary, indefinite, or seasonal separation and does not apply:

 

(1) upon a permanent separation from employment; or

 

(2) to payments from a vacation fund administered by a union or a third party not under the control of the employer.

 

Payments under this paragraph are applied to the period immediately following the temporary, indefinite, or seasonal separation.

 

(b) An applicant is not eligible to receive unemployment benefits for any week the applicant is receiving, has received, or will receive severance pay, bonus pay, or any other payments paid by an employer because of, upon, or after separation from employment.

 

This paragraph only applies if the payment is:

 

(1) considered wages under section 268.035, subdivision 29; or

 

(2) subject to the Federal Insurance Contributions Act (FICA) tax imposed to fund Social Security and Medicare.

 

(b) Payments under this paragraph subdivision are applied to the period immediately following the later of the date of separation from employment or the date the applicant first becomes aware that the employer will be making a payment.  The date the payment is actually made or received, or that an applicant must agree to a release of claims, does not affect the application of this paragraph subdivision.

 

This paragraph does not apply to earnings under subdivision 5, back pay under subdivision 6, or vacation pay, sick pay, or personal time off pay under paragraph (a).

 

(c) An applicant is not eligible to receive unemployment benefits for any week the applicant is receiving, has received, will receive, or has applied for pension, retirement, or annuity payments from any plan contributed to by a base period employer including the United States government.  The base period employer is considered to have contributed to the plan if the contribution is excluded from the definition of wages under section 268.035, subdivision 29.  If the pension, retirement, or annuity payment is paid in a lump sum, an applicant is not considered to have received a payment if:


Journal of the House - 16th Day - Wednesday, February 27, 2019 - Top of Page 609

(1) the applicant immediately deposits that payment in a qualified pension plan or account; or

 

(2) that payment is an early distribution for which the applicant paid an early distribution penalty under the Internal Revenue Code, United States Code, title 26, section 72(t)(1).

 

This paragraph does not apply to Social Security benefits under subdivision 4 or 4a.

 

(d) (c) This subdivision applies to all the weeks of payment.  The number of weeks of payment is determined as follows:

 

(1) if the payments are made periodically, the total of the payments to be received is divided by the applicant's last level of regular weekly pay from the employer; or

 

(2) if the payment is made in a lump sum, that sum is divided by the applicant's last level of regular weekly pay from the employer.

 

For purposes of this paragraph, The "last level of regular weekly pay" includes commissions, bonuses, and overtime pay if that is part of the applicant's ongoing regular compensation.

 

(e) (d) Under this subdivision, if the payment with respect to a week is equal to or more than the applicant's weekly unemployment benefit amount, the applicant is ineligible for benefits for that week.  If the payment with respect to a week is less than the applicant's weekly unemployment benefit amount, unemployment benefits are reduced by the amount of the payment.

 

Sec. 5.  Minnesota Statutes 2018, section 268.085, subdivision 3a, is amended to read:

 

Subd. 3a.  Workers' compensation and disability insurance offset.  (a) An applicant is not eligible to receive unemployment benefits for any week in which the applicant is receiving or has received compensation for loss of wages equal to or in excess of the applicant's weekly unemployment benefit amount under:

 

(1) the workers' compensation law of this state;

 

(2) the workers' compensation law of any other state or similar federal law; or

 

(3) any insurance or trust fund paid in whole or in part by an employer.

 

(b) This subdivision does not apply to an applicant who has a claim pending for loss of wages under paragraph (a); however, before unemployment benefits may be paid when a claim is pending, the issue of the applicant being available for suitable employment, as required under subdivision 1, clause (4), is must be determined under section 268.101, subdivision 2.  If the applicant later receives compensation as a result of the pending claim, the applicant is subject to the provisions of paragraph (a) and the unemployment benefits paid are subject to recoupment by the commissioner to the extent that the compensation constitutes overpaid unemployment benefits under section 268.18, subdivision 1.

 

(c) If the amount of compensation described under paragraph (a) for any week is less than the applicant's weekly unemployment benefit amount, unemployment benefits requested for that week are reduced by the amount of that compensation payment.


Journal of the House - 16th Day - Wednesday, February 27, 2019 - Top of Page 610

Sec. 6.  Minnesota Statutes 2018, section 268.085, is amended by adding a subdivision to read:

 

Subd. 3b.  Separation, severance, or bonus payments that delay unemployment benefits.  (a) An applicant is not eligible to receive unemployment benefits for any week the applicant is receiving, has received, or will receive separation pay, severance pay, bonus pay, or any other payments paid by an employer because of, upon, or after separation from employment.  This subdivision applies if the payment is:

 

(1) considered wages under section 268.035, subdivision 29; or

 

(2) subject to the Federal Insurance Contributions Act (FICA) tax imposed to fund Social Security and Medicare.

 

(b) Payments under this subdivision are applied to the period immediately following the later of the date of separation from employment or the date the applicant first becomes aware that the employer will be making a payment.  The date the payment is actually made or received, or that an applicant must agree to a release of claims, does not affect the application of this paragraph.

 

(c) This subdivision does not apply to earnings under subdivision 5, back pay under subdivision 6, or vacation pay, sick pay, or personal time off pay under subdivision 3.

 

(d) This subdivision applies to all the weeks of payment.  The number of weeks of payment is determined in accordance with subdivision 3, paragraph (c).

 

(e) Under this subdivision, if the payment with respect to a week is equal to or more than the applicant's weekly unemployment benefit amount, the applicant is ineligible for benefits for that week.  If the payment with respect to a week is less than the applicant's weekly unemployment benefit amount, unemployment benefits are reduced by the amount of the payment.

 

Sec. 7.  Minnesota Statutes 2018, section 268.085, is amended by adding a subdivision to read:

 

Subd. 3c.  Pension or retirement payment offset.  (a) An applicant is not eligible to receive unemployment benefits for any week the applicant is receiving, has received, will receive, or has applied for pension, retirement, or annuity payments from any plan contributed to by a base period employer including the United States government.  The base period employer is considered to have contributed to the plan if the contribution is excluded from the definition of wages under section 268.035, subdivision 29.

 

(b) If the pension, retirement, or annuity payment is paid in a lump sum, an applicant is not considered to have received a payment if:

 

(1) the applicant immediately deposits that payment in a qualified pension plan or account; or

 

(2) that payment is an early distribution for which the applicant paid an early distribution penalty under the Internal Revenue Code, United Stats Code, title 26, section 72(t)(1).

 

(c) This subdivision does not apply to Social Security benefits under subdivision 4 or 4a.

 

(d) This subdivision applies to all the weeks of payment.

 

If the payment is made in a lump sum, that sum is divided by the applicant's last level of regular weekly pay from the employer to determine the weeks of payment.


Journal of the House - 16th Day - Wednesday, February 27, 2019 - Top of Page 611

The "last level of regular weekly pay" includes commissions, bonuses, and overtime pay if that is part of the applicant's ongoing regular compensation.

 

(e) Under this subdivision, if the payment with respect to a week is equal to or more than the applicant's weekly unemployment benefit amount, the applicant is ineligible for benefits for that week.  If the payment with respect to a week is less than the applicant's weekly unemployment benefit amount, unemployment benefits are reduced by the amount of the payment.

 

Sec. 8.  Minnesota Statutes 2018, section 268.085, subdivision 13a, is amended to read:

 

Subd. 13a.  Leave of absence.  (a) An applicant on a voluntary leave of absence is ineligible for unemployment benefits for the duration of the leave of absence.  An applicant on an involuntary leave of absence is not ineligible under this subdivision.

 

A leave of absence is voluntary when work that the applicant can then perform is available with the applicant's employer but the applicant chooses not to work.  A medical leave of absence is not presumed to be voluntary.

 

(b) A period of vacation requested by the applicant, paid or unpaid, is a voluntary leave of absence.  A vacation period assigned by an employer under:  (1) a uniform vacation shutdown; (2) a collective bargaining agreement; or (3) an established employer policy, is an involuntary leave of absence.

 

(c) A leave of absence is a temporary stopping of work that has been approved by the employer.  A voluntary leave of absence is not a quit and an involuntary leave of absence is not or a discharge from employment for purposes of.  Section 268.095 does not apply to a leave of absence.

 

(d) An applicant who is on a paid leave of absence, whether the leave of absence is voluntary or involuntary, is ineligible for unemployment benefits for the duration of the leave.

 

(e) This subdivision applies to a leave of absence from a base period employer, an employer during the period between the end of the base period and the effective date of the benefit account, or an employer during the benefit year.

 

Sec. 9.  Minnesota Statutes 2018, section 268.095, subdivision 6, is amended to read:

 

Subd. 6.  Employment misconduct defined.  (a) Employment misconduct means any intentional, negligent, or indifferent conduct, on the job or off the job, that displays clearly:

 

(1) is a serious violation of the standards of behavior the employer has the right to reasonably expect of the employee; or.

 

(2) a substantial lack of concern for the employment.

 

(b) Regardless of paragraph (a), the following is not employment misconduct:

 

(1) conduct that was a consequence of the applicant's mental illness or impairment;

 

(2) conduct that was a consequence of the applicant's inefficiency or inadvertence;

 

(3) simple unsatisfactory conduct;

 

(4) conduct an average reasonable employee would have engaged in under the circumstances;


Journal of the House - 16th Day - Wednesday, February 27, 2019 - Top of Page 612

(5) conduct that was a consequence of the applicant's inability or incapacity;

 

(6) good faith errors in judgment if judgment was required;

 

(7) absence because of illness or injury of the applicant, with proper notice to the employer;

 

(8) absence, with proper notice to the employer, in order to provide necessary care because of the illness, injury, or disability of an immediate family member of the applicant;

 

(9) conduct that was a consequence of the applicant's chemical dependency, unless the applicant was previously diagnosed chemically dependent or had treatment for chemical dependency, and since that diagnosis or treatment has failed to make consistent efforts to control the chemical dependency; or

 

(10) conduct that was a consequence of the applicant, or an immediate family member of the applicant, being a victim of domestic abuse, sexual assault, or stalking.  For the purposes of this subdivision, "domestic abuse," "sexual assault," and "stalking" have the meanings given them in subdivision 1.

 

(c) Regardless of paragraph (b), clause (9), conduct in violation of sections 169A.20, 169A.31, 169A.50 to 169A.53, or 171.177 that interferes with or adversely affects the employment is employment misconduct.

 

(d) If the conduct for which the applicant was discharged involved only a single incident, that is an important fact that must be considered in deciding whether the conduct rises to the level of employment misconduct under paragraph (a).  This paragraph does not require that a determination under section 268.101 or decision under section 268.105 contain a specific acknowledgment or explanation that this paragraph was considered.

 

(e) The definition of employment misconduct provided by this subdivision is exclusive and no other definition applies.

 

Sec. 10.  Minnesota Statutes 2018, section 268.095, subdivision 6a, is amended to read:

 

Subd. 6a.  Aggravated employment misconduct defined.  (a) For the purpose of this section, "aggravated employment misconduct" means:

 

(1) The commission of any act, on the job or off the job, that would amount to a gross misdemeanor or felony is aggravated employment misconduct if the act substantially interfered with the employment or had a significant adverse effect on the employment; or.

 

A criminal charge or conviction is not necessary to determine aggravated employment misconduct under this paragraph.  If an applicant is convicted of a gross misdemeanor or felony, the applicant is presumed to have committed the act.

 

(2) (b) For an employee of a facility as defined in section 626.5572, aggravated employment misconduct includes an act of patient or resident abuse, financial exploitation, or recurring or serious neglect, as defined in section 626.5572 and applicable rules.

 

(b) If an applicant is convicted of a gross misdemeanor or felony for the same act for which the applicant was discharged, it is aggravated employment misconduct if the act substantially interfered with the employment or had a significant adverse effect on the employment.

 

(c) The definition of aggravated employment misconduct provided by this subdivision is exclusive and no other definition applies.

 

Sec. 11.  EFFECTIVE DATE.

 

Unless otherwise specified, this article is effective October 1, 2019.


Journal of the House - 16th Day - Wednesday, February 27, 2019 - Top of Page 613

ARTICLE 5

UNEMPLOYMENT INSURANCE ADVISORY COUNCIL; TECHNICAL

 

Section 1.  Minnesota Statutes 2018, section 268.044, subdivision 3, is amended to read:

 

Subd. 3.  Missing or erroneous information.  (a) Any employer that submits the wage detail report, but fails to include all required employee information or enters erroneous information, is subject to an administrative service fee of $25 for each employee for whom the information is partially missing or erroneous.

 

(b) Any employer that submits the wage detail report, but fails to include an employee, is subject to an administrative service fee equal to two percent of the total wages for each employee for whom the information is completely missing.

 

(c) An administrative service fee under this subdivision must be canceled under section 268.067 if the commissioner determines that the failure or error by the employer occurred because of ignorance or inadvertence.

 

Sec. 2.  Minnesota Statutes 2018, section 268.046, subdivision 1, is amended to read:

 

Subdivision 1.  Tax accounts assigned.  (a) Any person that contracts with a taxpaying employer to have that person obtain the taxpaying employer's workforce and provide workers to the taxpaying employer for a fee is, as of the effective date of the contract, assigned for the duration of the contract the taxpaying employer's account under section 268.045.  That tax account must be maintained by the person separate and distinct from every other tax account held by the person and identified in a manner prescribed by the commissioner.  The tax account is, for the duration of the contract, considered that person's account for all purposes of this chapter.  The workers obtained from the taxpaying employer and any other workers provided by that person to the taxpaying employer, including officers of the taxpaying employer as defined in section 268.035, subdivision 20, clause (28) (29), whose wages paid by the person are considered paid in covered employment under section 268.035, subdivision 24, for the duration of the contract between the taxpaying employer and the person, must, under section 268.044, be reported on the wage detail report under that tax account, and that person must pay any taxes due at the tax rate computed for that account under section 268.051, subdivision 2.

 

(b) Any workers of the taxpaying employer who are not covered by the contract under paragraph (a) must be reported by the taxpaying employer as a separate unit on the wage detail report under the tax account assigned under paragraph (a).  Taxes and any other amounts due on the wages reported by the taxpaying employer under this paragraph may be paid directly by the taxpaying employer.

 

(c) If the taxpaying employer that contracts with a person under paragraph (a) does not have a tax account at the time of the execution of the contract, an account must be registered for the taxpaying employer under section 268.042 and the new employer tax rate under section 268.051, subdivision 5, must be assigned.  The tax account is then assigned to the person as provided for in paragraph (a).

 

(d) A person that contracts with a taxpaying employer under paragraph (a) must, within 30 calendar days of the execution or termination of a contract, notify the commissioner by electronic transmission, in a format prescribed by the commissioner, of that execution or termination.  The taxpaying employer's name, the account number assigned, and any other information required by the commissioner must be provided by that person.

 

(e) Any contract subject to paragraph (a) must specifically inform the taxpaying employer of the assignment of the tax account under this section and the taxpaying employer's obligation under paragraph (b).  If there is a termination of the contract, the tax account is, as of the date of termination, immediately assigned to the taxpaying employer.


Journal of the House - 16th Day - Wednesday, February 27, 2019 - Top of Page 614

Sec. 3.  Minnesota Statutes 2018, section 268.069, subdivision 1, is amended to read:

 

Subdivision 1.  Requirements.  The commissioner must pay unemployment benefits from the trust fund to an applicant who has met each of the following requirements:

 

(1) the applicant has filed an application for unemployment benefits and established a benefit account in accordance with section 268.07;

 

(2) the applicant has not been held ineligible for unemployment benefits under section 268.095 because of a quit or discharge;

 

(3) the applicant has met all of the ongoing eligibility requirements under section 268.085;

 

(4) the applicant does not have an outstanding overpayment of unemployment benefits, including any penalties or interest; and

 

(5) the applicant has not been held ineligible for unemployment benefits under section 268.183 because of a false representation or concealment of facts.

 

Sec. 4.  Minnesota Statutes 2018, section 268.105, subdivision 6, is amended to read:

 

Subd. 6.  Representation; fees.  (a) In any proceeding under subdivision 1 or 2, an applicant or employer may be represented by any authorized representative.

 

Except for services provided by an attorney-at-law, no person may charge an applicant a fee of any kind for advising, assisting, or representing an applicant in a hearing or, on reconsideration, or in a proceeding under subdivision 7.

 

(b) An applicant may not be charged fees, costs, or disbursements of any kind in a proceeding before an unemployment law judge, the Minnesota Court of Appeals, or the Supreme Court of Minnesota.

 

(c) No attorney fees may be awarded, or costs or disbursements assessed, against the department as a result of any proceedings under this section.

 

Sec. 5.  Minnesota Statutes 2018, section 268.145, subdivision 1, is amended to read:

 

Subdivision 1.  Notification.  (a) Upon filing an application for unemployment benefits, the applicant must be informed that:

 

(1) unemployment benefits are subject to federal and state income tax;

 

(2) there are requirements for filing estimated tax payments;

 

(3) the applicant may elect to have federal income tax withheld from unemployment benefits;

 

(4) if the applicant elects to have federal income tax withheld, the applicant may, in addition, elect to have Minnesota state income tax withheld; and

 

(5) at any time during the benefit year the applicant may change a prior election.


Journal of the House - 16th Day - Wednesday, February 27, 2019 - Top of Page 615

(b) If an applicant elects to have federal income tax withheld, the commissioner must deduct ten percent for federal income tax.  If an applicant also elects to have Minnesota state income tax withheld, the commissioner must make an additional five percent deduction for state income tax.  Any amounts amount deducted or offset under sections 268.155, 268.18, and 268.184 have section 268.085 has priority over any amounts deducted under this section.  Federal income tax withholding has priority over state income tax withholding.

 

(c) An election to have income tax withheld may not be retroactive and only applies to unemployment benefits paid after the election.

 

Sec. 6.  Minnesota Statutes 2018, section 268.18, subdivision 5, is amended to read:

 

Subd. 5.  Remedies.  (a) Any method undertaken to recover an overpayment of unemployment benefits, including any penalties and interest, is not an election of a method of recovery.

 

(b) Intervention or lack thereof, in whole or in part, in a workers' compensation matter under section 176.361 is not an election of a remedy and does not prevent the commissioner from determining an applicant ineligible for unemployment benefits or taking action under section 268.183.

 

Sec. 7.  REVISOR INSTRUCTION.

 

The revisor of statutes is instructed to make the following changes in Minnesota Statutes:

 

(1) delete the term "bona fide" wherever it appears in section 268.035;

 

(2) replace the term "under" with "subject to" in section 268.047, subdivision 2, clause (8);

 

(3) replace the term "displays clearly" with "shows" in chapter 268;

 

(4) replace the term "entire" with "hearing" in section 268.105; and

 

(5) replace "24 calendar months" with "eight calendar quarters" in section 268.052, subdivision 2.

 

Sec. 8.  EFFECTIVE DATE.

 

Unless otherwise specified, this article is effective October 1, 2019."

 

Delete the title and insert:

 

"A bill for an act relating to relating to unemployment insurance; adopting changes recommended by the Unemployment Insurance Advisory committee in the 2018 legislative session; amending Minnesota Statutes 2018, sections 268.035, subdivisions 4, 12, 15, 20; 268.044, subdivisions 2, 3; 268.046, subdivision 1; 268.047, subdivision 3; 268.051, subdivision 2a; 268.057, subdivision 5; 268.069, subdivision 1; 268.07, subdivision 1; 268.085, subdivisions 3, 3a, 13a, by adding subdivisions; 268.095, subdivisions 6, 6a; 268.105, subdivision 6; 268.145, subdivision 1; 268.18, subdivisions 2b, 5."

 

 

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

 

      The report was adopted.


Journal of the House - 16th Day - Wednesday, February 27, 2019 - Top of Page 616

Carlson, L., from the Committee on Ways and Means to which was referred:

 

H. F. No. 679, A bill for an act relating to human services; amending the effective date for children's residential treatment payment provisions; amending Laws 2017, First Special Session chapter 6, article 8, sections 71; 72.

 

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

 

      The report was adopted.

 

 

Carlson, L., from the Committee on Ways and Means to which was referred:

 

H. F. No. 1267, A bill for an act relating to agriculture; extending the Minnesota Organic Advisory Task Force; amending Minnesota Statutes 2018, section 31.94.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Government Operations.

 

      The report was adopted.

 

 

Youakim from the Committee on Education Policy to which was referred:

 

H. F. No. 1289, A bill for an act relating to education; removing additional prior written notice requirements; repealing Minnesota Statutes 2018, section 125A.091, subdivision 3a.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  PRIOR WRITTEN NOTICE; RULEMAKING.

 

The commissioner of education must adopt a rule on the documentation requirements for prior written notice under Minnesota Rules, part 3525.3600.  The commissioner must provide a cost-benefit analysis for a proposed state requirement that exceeds the federal requirements for prior written notice.  After the rule on prior written notice is adopted, the commissioner may amend the rule only under specific legislative authority."

 

Delete the title and insert:

 

"A bill for an act relating to education; authorizing rulemaking for prior written notice documentation requirements."

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Government Operations.

 

      The report was adopted.


Journal of the House - 16th Day - Wednesday, February 27, 2019 - Top of Page 617

Youakim from the Committee on Education Policy to which was referred:

 

H. F. No. 1390, A bill for an act relating to education; modifying individualized education program requirements to permit reporting of student performance on assessments; amending Minnesota Statutes 2018, section 125A.08.

 

Reported the same back with the following amendments:

 

Page 3, after line 21, insert:

 

"Sec. 2.  INDIVIDUALIZED EDUCATION PROGRAM; RULE AMENDMENT.

 

The commissioner of education must amend Minnesota Rules, part 3525.2810, subpart 2, item A, to allow but not require an individualized education program to report a student's performance on general state or districtwide assessments."

 

Amend the title as follows:

 

Page 1, line 3, before the semicolon, insert "; authorizing rulemaking"

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Government Operations.

 

      The report was adopted.

 

 

SECOND READING OF HOUSE BILLS

 

 

      H. F. Nos. 129, 374 and 679 were read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

Kresha introduced:

 

H. F. No. 1732, A bill for an act relating to children; reorganizing and clarifying sections relating to child maltreatment and neglect; making technical changes; amending Minnesota Statutes 2018, sections 13.32, subdivision 3; 13.3805, subdivision 3; 13.43, subdivision 14; 13.46, subdivisions 3, 4; 13.82, subdivisions 8, 9, 17; 13.821; 13.84, subdivision 9; 13.871, subdivision 6; 13.88; 120B.22, subdivision 2; 122A.20, subdivision 2; 122A.40, subdivision 13; 122A.41, subdivision 6; 125A.0942, subdivision 4; 135A.15, subdivision 10; 144.225, subdivision 2b; 144.343, subdivision 4; 144.7065, subdivision 10; 144.7068; 144A.472, subdivision 1; 144A.479, subdivision 6; 144A.4796, subdivisions 2, 6; 144H.16, subdivision 1; 144H.18, subdivision 3; 145.902, subdivision 3; 145.952, subdivision 2; 146A.025; 148B.593; 148E.240, subdivision 7; 148F.13, subdivision 12; 148F.205, subdivision 1; 153B.70; 214.103, subdivision 8; 214.104; 243.166, subdivision 7; 245.8261, subdivision 9; 245A.04, subdivision 5; 245A.06, subdivision 8; 245A.07, subdivisions 3, 5; 245A.08, subdivision 2a; 245A.085; 245A.11,


Journal of the House - 16th Day - Wednesday, February 27, 2019 - Top of Page 618

subdivision 7b; 245A.145, subdivision 1; 245A.40, subdivision 1; 245A.66, subdivision 3; 245C.05, subdivision 6; 245C.15, subdivision 4; 245C.16, subdivision 1; 245C.17, subdivision 3; 245C.21, subdivision 2; 245C.24, subdivision 4; 245C.25; 245C.27, subdivisions 1, 2; 245C.28, subdivision 1; 245C.29, subdivision 1; 245C.31, subdivision 1; 245C.32, subdivision 2; 245D.02, subdivision 11; 245D.06, subdivisions 1, 6; 245D.09, subdivision 4; 245D.32, subdivision 5; 245F.04, subdivision 1; 245F.15, subdivisions 3, 5; 245F.16, subdivisions 1, 2; 245F.18; 245G.03, subdivision 1; 245G.10, subdivision 3; 245G.11, subdivisions 3, 4; 245G.12; 245G.13, subdivisions 1, 2; 245H.11; 254A.09; 254B.04, subdivision 1; 256.01, subdivisions 12, 14b, 15; 256.045, subdivisions 3, 3b, 4; 256B.0621, subdivision 4; 256B.0625, subdivision 33; 256B.0945, subdivision 1; 256B.0949, subdivision 16; 256B.0951, subdivision 5; 256B.0954; 256B.097, subdivisions 4, 6; 256B.77, subdivision 17; 256B.85, subdivisions 10, 12a; 256E.21, subdivision 5; 256F.10, subdivisions 1, 4; 256L.07, subdivision 4; 256M.10, subdivision 2; 256M.40, subdivision 1; 256M.41, subdivisions 1, 3; 257.0764; 260.012; 260.761, subdivision 2; 260B.171, subdivision 6; 260B.198, subdivision 1; 260C.007, subdivisions 3, 5, 6, 13; 260C.139, subdivision 3; 260C.150, subdivision 3; 260C.171, subdivision 3; 260C.177; 260C.178, subdivision 1; 260C.201, subdivision 6; 260C.209, subdivision 2; 260C.212, subdivision 12; 260C.221; 260C.503, subdivision 2; 260D.01; 260D.02, subdivisions 3, 5; 299C.093; 388.051, subdivision 2; 518.165, subdivisions 2, 5; 524.5-118, subdivision 2; 595.02, subdivisions 1, 2; 609.26, subdivision 7; 609.3457, subdivision 2; 609.379, subdivision 2; 609.507; 609.7495, subdivision 1; 611A.203, subdivision 4; 611A.90, subdivision 1; 626.557, subdivision 9d; proposing coding for new law in Minnesota Statutes, chapter 260A; repealing Minnesota Statutes 2018, sections 626.556, subdivisions 1, 2, 3, 3a, 3b, 3c, 3d, 3e, 3f, 4, 4a, 5, 6, 6a, 7, 7a, 8, 9, 10, 10a, 10b, 10c, 10d, 10e, 10f, 10g, 10h, 10i, 10j, 10k, 10l, 10m, 10n, 11, 11a, 11b, 11c, 11d, 12, 14, 15, 16; 626.5561; 626.5562; 626.558; 626.559, subdivisions 1, 1a, 1b, 2, 3, 5; 626.5591; 626.561.

 

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

 

 

Poppe, Anderson and Hamilton introduced:

 

H. F. No. 1733, A bill for an act relating to agriculture; making policy and technical changes to various agricultural provisions including provisions related to hemp, food handlers, eggs, milk, cheese, bioincentive programs, loan programs, and other agriculture provisions; amending Minnesota Statutes 2018, sections 18C.425, subdivision 6; 18C.70, subdivision 5; 18C.71, subdivision 4; 18C.80, subdivision 2; 18H.10; 18K.02, subdivision 3; 18K.06; 25.33, subdivision 8; 28A.04, subdivision 1; 28A.05; 28A.075; 28A.0752, subdivisions 1, 2; 28A.08, subdivision 3; 29.26; 32D.13, by adding a subdivision; 32D.20, subdivision 2; 32D.22; 34A.11, subdivision 7; 41A.15, subdivisions 2, 10, by adding a subdivision; 41A.16, subdivisions 1, 4; 41A.17, subdivisions 1, 2, 3; 41A.18, subdivisions 1, 2, 3; 41B.02, subdivision 10a; 41B.03, subdivision 3; 41B.0391, subdivision 1; 41B.047, subdivisions 1, 3; 41B.049, subdivision 5; 41B.055, subdivision 3; 41B.057, subdivision 3; repealing Minnesota Statutes 2018, section 41A.15, subdivisions 2a, 2b.

 

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

 

 

Long introduced:

 

H. F. No. 1734, A bill for an act relating to public safety; expanding the crime of forgery; amending Minnesota Statutes 2018, section 609.63, subdivision 1.

 

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


Journal of the House - 16th Day - Wednesday, February 27, 2019 - Top of Page 619

Davnie, Erickson, Pryor, Edelson, Kunesh-Podein and Marquart introduced:

 

H. F. No. 1735, A bill for an act relating to education; modifying deadline for making postsecondary enrollment options information available to students; modifying requirements for postsecondary enrollment in online courses; modifying calculation of transportation aid for pupils enrolled in postsecondary enrollment options; appropriating money; amending Minnesota Statutes 2018, section 124D.09, subdivisions 7, 9, 22.

 

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

 

 

Moran introduced:

 

H. F. No. 1736, A bill for an act relating to human rights; requiring certain contractors to obtain workforce and equal pay certificates; amending Minnesota Statutes 2018, sections 363A.36, subdivisions 1, 4; 363A.44, subdivision 1.

 

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

 

 

Lippert, Hornstein, Wagenius, Long and Bierman introduced:

 

H. F. No. 1737, A bill for an act relating to transportation; appropriating money for electric vehicle supply equipment.

 

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

 

 

Koznick, Grossell, Johnson and Nelson introduced:

 

H. F. No. 1738, A bill for an act relating to police disability benefits; creating a study of benefit adequacy.

 

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

 

 

Lueck introduced:

 

H. F. No. 1739, A bill for an act relating to local government; modifying the use of road and bridge funding in Aitkin County.

 

The bill was read for the first time and referred to the Transportation Finance and Policy Division.

 

 

Huot, Ecklund, Drazkowski, Bahr and Brand introduced:

 

H. F. No. 1740, A bill for an act relating to state government; establishing a Capitol flag program for families of military service members and first responders who die in the line of duty; proposing coding for new law in Minnesota Statutes, chapter 16B.

 

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


Journal of the House - 16th Day - Wednesday, February 27, 2019 - Top of Page 620

Zerwas, Huot, Schomacker, Cantrell and Edelson introduced:

 

H. F. No. 1741, A bill for an act relating to health; prohibiting discrimination based on status as a living organ donor; extending paid leave benefits to living organ donors; requiring unpaid leave for organ donors; making a conforming change; amending Minnesota Statutes 2018, sections 181.945; 424A.01, subdivision 6; proposing coding for new law in Minnesota Statutes, chapter 62A; repealing Minnesota Statutes 2018, section 181.9456.

 

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

 

 

Kotyza-Witthuhn, Hamilton, Pinto, Baker, Davnie and Theis introduced:

 

H. F. No. 1742, A bill for an act relating to education; increasing participation limits in voluntary prekindergarten programs; amending Minnesota Statutes 2018, sections 124D.151, subdivision 6; 126C.05, subdivision 1; Laws 2017, First Special Session chapter 5, article 8, section 8.

 

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

 

 

Heintzeman introduced:

 

H. F. No. 1743, A bill for an act relating to taxation; sales and use; providing an exemption for certain sales of farmer-produced prepared food; amending Minnesota Statutes 2018, section 297A.69, by adding a subdivision.

 

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

 

 

Masin, Scott and Gruenhagen introduced:

 

H. F. No. 1744, A bill for an act relating to family law; establishing a family law mediation task force.

 

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

 

 

Swedzinski and Garofalo introduced:

 

H. F. No. 1745, A bill for an act relating to energy; removing obsolete language; amending Minnesota Statutes 2018, sections 216B.16, subdivisions 6b, 19; 216B.1645, subdivision 1; 216B.2422, subdivision 5; 272.0211, subdivision 1; 282.04, subdivision 1, by adding subdivisions; repealing Minnesota Statutes 2018, sections 116C.705; 116C.71, subdivisions 1a, 1b, 2c, 3a; 116C.711; 116C.77; 116C.771; 116C.773; 216B.1611; 216B.1613; 216B.1646; 216B.1675, subdivision 13; 216B.1681; 216B.1691, subdivisions 2, 2d; 216B.1695; 216B.2423; 216B.2424; 216H.02, subdivisions 2, 3, 4, 5, 6; 272.02, subdivisions 45, 47; 297A.71, subdivision 8.

 

The bill was read for the first time and referred to the Energy and Climate Finance and Policy Division.

 

 

Drazkowski and Davids introduced:

 

H. F. No. 1746, A bill for an act relating to game and fish; prohibiting certain antler point restrictions; amending Minnesota Statutes 2018, section 97B.311; repealing Laws 2013, chapter 121, section 53; Minnesota Rules, part 6232.0350.

 

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


Journal of the House - 16th Day - Wednesday, February 27, 2019 - Top of Page 621

Carlson, A., introduced:

 

H. F. No. 1747, A bill for an act relating to taxation; property; modifying distribution of certain penalties, interest, and costs; amending Minnesota Statutes 2018, section 276.131.

 

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

 

 

Olson, Kresha, Baker, Hamilton and Ecklund introduced:

 

H. F. No. 1748, A bill for an act relating to health care; requiring the commissioner of human services to establish a project ECHO program to improve population health outcomes; requiring a report; appropriating money; amending Minnesota Statutes 2018, section 256B.04, by adding a subdivision.

 

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

 

 

Urdahl introduced:

 

H. F. No. 1749, A bill for an act relating to education; appropriating money for grants to civics education programs.

 

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

 

 

Huot, Kresha, Edelson, Richardson, Demuth and Persell introduced:

 

H. F. No. 1750, A bill for an act relating to education; appropriating money for the Boys and Girls Clubs literacy program; requiring a report.

 

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

 

 

Daudt, Green, Layman, Gruenhagen, Heintzeman, Johnson, Dettmer, Grossell, Albright, Runbeck, Fabian, Lueck, Kiel, Swedzinski and Lislegard introduced:

 

H. F. No. 1751, A bill for an act relating to energy; authorizing the construction of certain pipelines.

 

The bill was read for the first time and referred to the Energy and Climate Finance and Policy Division.

 

 

Vogel, Tabke and Gruenhagen introduced:

 

H. F. No. 1752, A bill for an act relating to human services; providing a rate increase for an intermediate care facility located in Belle Plaine, Minnesota; amending Minnesota Statutes 2018, section 256B.5012, by adding a subdivision.

 

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


Journal of the House - 16th Day - Wednesday, February 27, 2019 - Top of Page 622

Long, Halverson, Lee and Freiberg introduced:

 

H. F. No. 1753, A bill for an act relating to elections; increasing the number of days during which in-person absentee voters may deposit a ballot in the ballot box; amending Minnesota Statutes 2018, section 203B.081, subdivision 3.

 

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

 

 

Long, Halverson, Lee and Freiberg introduced:

 

H. F. No. 1754, A bill for an act relating to elections; allowing ballot boards to open absentee ballot envelopes after the close of business on the 20th day before the election; amending Minnesota Statutes 2018, section 203B.121, subdivision 4.

 

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

 

 

Stephenson, Long, Wolgamott, Tabke and Dehn introduced:

 

H. F. No. 1755, A bill for an act relating to electric buses; requiring the purchase of electric buses by the Metropolitan Council; appropriating money.

 

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

 

 

Stephenson and Koegel introduced:

 

H. F. No. 1756, A bill for an act relating to human services; appropriating money to develop a replicable homeless youth drop-in program model.

 

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

 

 

Schultz, Liebling and Scott introduced:

 

H. F. No. 1757, A bill for an act relating to health care; requiring nonprofit health service plan corporations and health maintenance organizations to only enter into contracts with nonprofit corporations; prohibiting the sharing of patient identifying data with any organization or agency located in another country; amending Minnesota Statutes 2018, sections 62C.13, subdivisions 3, 4; 62D.05, subdivisions 3, 4.

 

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

 

 

Huot introduced:

 

H. F. No. 1758, A bill for an act relating to education finance; appropriating money for student organizations.

 

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


Journal of the House - 16th Day - Wednesday, February 27, 2019 - Top of Page 623

Olson, Albright and Cantrell introduced:

 

H. F. No. 1759, A bill for an act relating to human services; establishing a shelter-linked youth mental health grant program to provide mental health services to youth experiencing homelessness or sexual exploitation; requiring reports; appropriating money; amending Minnesota Statutes 2018, section 256K.45, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 256K.

 

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

 

 

Freiberg, Bierman, Lippert and Tabke introduced:

 

H. F. No. 1760, A bill for an act relating to campaign finance; amending reporting requirements for independent expenditures; increasing spending limits in certain circumstances relating to independent expenditure totals; amending Minnesota Statutes 2018, sections 10A.121, subdivision 2; 10A.20, subdivision 3, by adding a subdivision.

 

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

 

 

Her introduced:

 

H. F. No. 1761, A bill for an act relating to education; providing for nonexclusionary pupil disciplinary policies and practices; requiring a report; amending Minnesota Statutes 2018, sections 121A.41, by adding a subdivision; 121A.42; 121A.45; 121A.46, subdivisions 2, 3, by adding subdivisions; 121A.47, subdivision 2; 121A.53, subdivision 1; 121A.55; 121A.61; 121A.67, by adding a subdivision.

 

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

 

 

Marquart introduced:

 

H. F. No. 1762, A bill for an act relating to transportation; establishing an optional mental health designation for driver's licenses and identification cards and for vehicle registration; providing for data practices; amending Minnesota Statutes 2018, sections 168.0185; 168.346, by adding a subdivision; 171.07, by adding a subdivision; 171.12, by adding a subdivision.

 

The bill was read for the first time and referred to the Transportation Finance and Policy Division.

 

 

Marquart introduced:

 

H. F. No. 1763, A bill for an act relating to taxation; establishing a taxpayer receipt; appropriating money; amending Minnesota Statutes 2018, section 289A.08, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 16A.

 

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


Journal of the House - 16th Day - Wednesday, February 27, 2019 - Top of Page 624

Becker-Finn introduced:

 

H. F. No. 1764, A bill for an act relating to human services; providing a rate increase for an intermediate care facility located in Little Canada; amending Minnesota Statutes 2018, section 256B.5012, by adding a subdivision.

 

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

 

 

Becker-Finn introduced:

 

H. F. No. 1765, A bill for an act relating to local government; allowing cities and towns to require additional licensing for hotels; proposing coding for new law in Minnesota Statutes, chapter 471.

 

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

 

 

Gunther introduced:

 

H. F. No. 1766, A bill for an act relating to taxation; authorizing the city of Blue Earth to impose a local sales and use tax and issue bonds for specified projects.

 

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

 

 

Carlson, A.; Zerwas and Hansen introduced:

 

H. F. No. 1767, A bill for an act relating to consumer protection; prohibiting certain video game sales; proposing coding for new law in Minnesota Statutes, chapter 325I.

 

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

 

 

Albright, Haley, Zerwas, Liebling, Schultz, Olson, Klevorn and Moran introduced:

 

H. F. No. 1768, A bill for an act relating to health; requiring pharmacists to provide patients with certain information from drug manufacturers; amending Minnesota Statutes 2018, section 151.214, by adding a subdivision.

 

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

 

 

Sandstede and Huot introduced:

 

H. F. No. 1769, A bill for an act relating to health; guaranteeing that health care is available and affordable for every Minnesotan; establishing the Minnesota Health Plan, Minnesota Health Board, Minnesota Health Fund, Office of Health Quality and Planning, ombudsman for patient advocacy, and auditor general for the Minnesota Health Plan; requesting a 1332 waiver; authorizing rulemaking; appropriating money; amending Minnesota Statutes 2018, sections 13.3806, by adding a subdivision; 14.03, subdivisions 2, 3; 15A.0815, subdivision 2; proposing coding for new law as Minnesota Statutes, chapter 62W.

 

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


Journal of the House - 16th Day - Wednesday, February 27, 2019 - Top of Page 625

Elkins, Edelson, Howard and Pryor introduced:

 

H. F. No. 1770, A bill for an act relating to transportation; appropriating money for improvements to marked Trunk Highway 62; authorizing the sale and issuance of trunk highway bonds.

 

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

 

 

Lesch and Quam introduced:

 

H. F. No. 1771, A bill for an act relating to taxation; sales and use; exempting additional purchases made by public and private health plans; amending Minnesota Statutes 2018, section 297A.67, by adding a subdivision.

 

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

 

 

Ecklund introduced:

 

H. F. No. 1772, A bill for an act relating to natural resources; appropriating money for development of Lake Vermilion-Soudan Underground Mine State Park.

 

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

 

 

Dettmer, Ecklund, Davids, Grossell, Petersburg, Jurgens, Pierson and Gunther introduced:

 

H. F. No. 1773, A bill for an act relating to military veterans; providing funding to construct the Minnesota Medal of Honor Commemorative Memorial; amending Laws 2016, chapter 189, article 13, section 64.

 

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

 

 

Dettmer, Ecklund, Heinrich, Petersburg, Davids, Jurgens, Grossell, Pierson and Gunther introduced:

 

H. F. No. 1774, A bill for an act relating to veterans; establishing American Allies Day; proposing coding for new law in Minnesota Statutes, chapter 10.

 

The bill was read for the first time and referred to the Veterans and Military Affairs Finance and Policy Division.

 

 

Heinrich and Wolgamott introduced:

 

H. F. No. 1775, A bill for an act relating to tax increment financing; modifying special rules for the city of Anoka.

 

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


Journal of the House - 16th Day - Wednesday, February 27, 2019 - Top of Page 626

Anderson, O'Driscoll, Green, Scott and Urdahl introduced:

 

H. F. No. 1776, A bill for an act relating to elections; modifying and clarifying the absentee ballot voting period and ballot delivery schedule in certain circumstances; amending Minnesota Statutes 2018, sections 203B.081, subdivision 1; 204B.35, subdivision 4; 204D.22, subdivision 1.

 

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

 

 

Elkins; Boe; Zerwas; Huot; Stephenson; Sandell; Tabke; Hornstein; O'Driscoll; Xiong, T.; Bernardy; Youakim; Koznick; McDonald; Bierman; Brand; Freiberg and Howard introduced:

 

H. F. No. 1777, A bill for an act relating to public safety; authorizing cities to reduce speed limits in residential areas; amending Minnesota Statutes 2018, section 169.14, subdivision 5.

 

The bill was read for the first time and referred to the Transportation Finance and Policy Division.

 

 

Elkins, Nash and Hornstein introduced:

 

H. F. No. 1778, A bill for an act relating to transportation; allowing cities of the first class to establish city speed limits; amending Minnesota Statutes 2018, section 169.14, subdivision 5.

 

The bill was read for the first time and referred to the Transportation Finance and Policy Division.

 

 

Poppe introduced:

 

H. F. No. 1779, A bill for an act relating to higher education; agriculture; appropriating money for agricultural research and extension.

 

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

 

 

Marquart introduced:

 

H. F. No. 1780, A bill for an act relating to taxation; creating the Stronger Community Aid program; amending the dates of the truth in taxation process; appropriating money; amending Minnesota Statutes 2018, section 275.065, subdivisions 1, 1a, 1c, 3; proposing coding for new law in Minnesota Statutes, chapter 477A; repealing Minnesota Statutes 2018, section 6.91.

 

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

 

 

Mahoney introduced:

 

H. F. No. 1781, A bill for an act relating to economic development; modifying use of Minnesota investment fund; requiring a report.

 

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


Journal of the House - 16th Day - Wednesday, February 27, 2019 - Top of Page 627

Youakim introduced:

 

H. F. No. 1782, A bill for an act relating to public safety; establishing a program to provide payments to firefighters with cancer or heart disease, counseling for firefighters, and firefighter training; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 299A.

 

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

 

 

Cantrell, Elkins and Tabke introduced:

 

H. F. No. 1783, A bill for an act relating to transportation; authorizing a rail transitway feasibility study.

 

The bill was read for the first time and referred to the Transportation Finance and Policy Division.

 

 

Cantrell, Scott and Masin introduced:

 

H. F. No. 1784, A bill for an act relating to family law; requiring the University of Minnesota to conduct a survey and study of early neutral evaluation participants; requiring a report; appropriating money.

 

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

 

 

Richardson and Kunesh-Podein introduced:

 

H. F. No. 1785, A bill for an act relating to education; amending the Pupil Fair Dismissal Act; limiting dismissals for certain pupils; amending Minnesota Statutes 2018, section 121A.45, subdivision 2.

 

The bill was read for the first time and referred to the Early Childhood Finance and Policy Division.

 

 

Green, Gruenhagen and Boe introduced:

 

H. F. No. 1786, A bill for an act relating to arts and culture; modifying allocations of arts and cultural heritage fund; amending Minnesota Statutes 2018, section 129D.17, subdivision 4.

 

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

 

 

Acomb; Christensen; Hornstein; Bierman; Xiong, J.; Fischer; Kunesh-Podein; Dehn; Moller; Tabke; Long and Stephenson introduced:

 

H. F. No. 1787, A bill for an act relating to energy; appropriating money for the Board of Regents of the University of Minnesota to establish goals and benchmarks for a transition to renewable fuels.

 

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


Journal of the House - 16th Day - Wednesday, February 27, 2019 - Top of Page 628

Acomb; Christensen; Hornstein; Bierman; Xiong, J.; Fischer; Kunesh-Podein; Dehn; Moller; Tabke; Long and Stephenson introduced:

 

H. F. No. 1788, A bill for an act relating to energy; requiring the Board of Trustees of the Minnesota State Colleges and Universities to establish goals and benchmarks for a transition to renewable fuels; appropriating money.

 

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

 

 

Runbeck, Davids, Gruenhagen and Kresha introduced:

 

H. F. No. 1789, A bill for an act relating to insurance; limiting certain remedies of uninsured motorists; amending Minnesota Statutes 2018, section 65B.51, subdivision 3.

 

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

 

 

Her, Becker-Finn, Nash, Boe, Zerwas and Olson introduced:

 

H. F. No. 1790, A bill for an act relating to liquor; permitting exclusive liquor stores to refill growlers; amending Minnesota Statutes 2018, section 340A.285.

 

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

 

 

Daniels introduced:

 

H. F. No. 1791, A bill for an act relating to human services; appropriating money for a transitional housing program located in Rice County; requiring a report.

 

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

 

 

Ecklund introduced:

 

H. F. No. 1792, A bill for an act relating to transportation; appropriating money for the Falls International Airport.

 

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

 

 

Ecklund introduced:

 

H. F. No. 1793, A bill for an act relating to capital investment; appropriating money for the Falls International Airport; authorizing the sale and issuance of state bonds.

 

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


Journal of the House - 16th Day - Wednesday, February 27, 2019 - Top of Page 629

Nash, Garofalo, Sauke, Koznick and Lillie introduced:

 

H. F. No. 1794, A bill for an act relating to liquor; repealing prohibition on municipality issuing more than one off-sale license to any one person or place; repealing Minnesota Statutes 2018, section 340A.412, subdivision 3.

 

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

 

 

Brand introduced:

 

H. F. No. 1795, A bill for an act relating to taxation; individual income; modifying the working family credit calculation; amending Minnesota Statutes 2018, section 290.0671, subdivisions 1, 7.

 

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

 

 

Hansen, Tabke and Gunther introduced:

 

H. F. No. 1796, A bill for an act relating to agriculture; modifying contiguous county requirements for community solar gardens; appropriating money for a study of economic benefits to farmers; amending Minnesota Statutes 2018, section 216B.1641.

 

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

 

 

Sandstede; Lislegard; Xiong, T.; Masin and Her introduced:

 

H. F. No. 1797, A bill for an act relating to health; changing provisions for adequate care requirement; requiring a report; amending Minnesota Statutes 2018, section 144A.04, subdivision 7; proposing coding for new law in Minnesota Statutes, chapter 256R.

 

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

 

 

Wagenius introduced:

 

H. F. No. 1798, A bill for an act relating to energy; correcting incorrect references; amending Laws 2017, chapter 94, article 10, sections 28; 29.

 

The bill was read for the first time and referred to the Energy and Climate Finance and Policy Division.

 

 

Nash introduced:

 

H. F. No. 1799, A bill for an act relating to commerce; expanding allowable container sizes for purposes of brewer off-sales; amending Minnesota Statutes 2018, section 340A.285.

 

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


Journal of the House - 16th Day - Wednesday, February 27, 2019 - Top of Page 630

Becker-Finn, Zerwas and Nash introduced:

 

H. F. No. 1800, A bill for an act relating to liquor; permitting brewer taprooms to offer limited sale of collaboration malt liquor; amending Minnesota Statutes 2018, sections 340A.101, by adding a subdivision; 340A.26, subdivision 1.

 

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

 

 

Pinto introduced:

 

H. F. No. 1801, A bill for an act relating to human services; instructing the revisor of statutes to recodify rules and statutes governing licensing of day care facilities.

 

The bill was read for the first time and referred to the Early Childhood Finance and Policy Division.

 

 

Loeffler, Becker-Finn, Nash, Boe and Zerwas introduced:

 

H. F. No. 1802, A bill for an act relating to liquor; modifying license condition for brewer off-sale; amending Minnesota Statutes 2018, section 340A.28, subdivision 2.

 

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

 

 

Xiong, J.; Baker; Gunther; Koegel and Garofalo introduced:

 

H. F. No. 1803, A bill for an act relating to economic development; appropriating money for a grant to Latino Communities United in Service (CLUES).

 

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

 

 

Hausman, Hornstein, Mahoney, Bernardy, Pinto and Hansen introduced:

 

H. F. No. 1804, A bill for an act relating to capital investment; appropriating money for development of the Twin Cities-Milwaukee-Chicago (TCMC) second train.

 

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

 

 

REPORT FROM THE COMMITTEE ON RULES

AND LEGISLATIVE ADMINISTRATION

 

      Winkler 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 Thursday, February 28, 2019 and established a prefiling requirement for amendments offered to the following bills:

 

      H. F. Nos. 85, 281, 476, 608, 619, 745, 861 and 873.


Journal of the House - 16th Day - Wednesday, February 27, 2019 - Top of Page 631

MOTIONS AND RESOLUTIONS

 

 

      Stephenson moved that the name of Mann be added as an author on H. F. No. 15.  The motion prevailed.

 

      Hertaus moved that the name of Boe be added as an author on H. F. No. 68.  The motion prevailed.

 

      Murphy moved that the name of Bernardy be added as an author on H. F. No. 80.  The motion prevailed.

 

      Schultz moved that the name of Cantrell be added as an author on H. F. No. 90.  The motion prevailed.

 

      Freiberg moved that the name of Becker-Finn be added as an author on H. F. No. 116.  The motion prevailed.

 

      Ecklund moved that the name of Koznick be added as an author on H. F. No. 143.  The motion prevailed.

 

      Becker-Finn moved that the name of Kunesh-Podein be added as an author on H. F. No. 229.  The motion prevailed.

 

      Kunesh-Podein moved that the name of Hamilton be added as an author on H. F. No. 247.  The motion prevailed.

 

      Becker-Finn moved that the name of Kunesh-Podein be added as an author on H. F. No. 305.  The motion prevailed.

 

      Dettmer moved that the name of Boe be added as an author on H. F. No. 310.  The motion prevailed.

 

      Edelson moved that the name of Kotyza-Witthuhn be added as an author on H. F. No. 331.  The motion prevailed.

 

      Moran moved that the name of Fischer be added as an author on H. F. No. 342.  The motion prevailed.

 

      Halverson moved that the name of Davids be added as an author on H. F. No. 349.  The motion prevailed.

 

      Poppe moved that the name of Bernardy be added as an author on H. F. No. 436.  The motion prevailed.

 

      Morrison moved that the name of Edelson be added as an author on H. F. No. 440.  The motion prevailed.

 

      Daniels moved that his name be stricken as an author on H. F. No. 476.  The motion prevailed.

 

      Pryor moved that the name of Lee be added as an author on H. F. No. 514.  The motion prevailed.

 

      Becker-Finn moved that the name of Kunesh-Podein be added as an author on H. F. No. 553.  The motion prevailed.

 

      Lien moved that the name of Baker be added as an author on H. F. No. 578.  The motion prevailed.

 

      Sandstede moved that the name of Lillie be added as an author on H. F. No. 639.  The motion prevailed.

 

      Freiberg moved that the name of Jurgens be added as an author on H. F. No. 670.  The motion prevailed.


Journal of the House - 16th Day - Wednesday, February 27, 2019 - Top of Page 632

              Mann moved that the name of Bernardy be added as an author on H. F. No. 684.  The motion prevailed.

 

      Lee moved that the names of Tabke and Vang be added as authors on H. F. No. 721.  The motion prevailed.

 

      Fischer moved that the name of Lee be added as an author on H. F. No. 725.  The motion prevailed.

 

      Mariani moved that the name of Noor be added as an author on H. F. No. 739.  The motion prevailed.

 

      Noor moved that the name of Her be added as an author on H. F. No. 741.  The motion prevailed.

 

      Loeffler moved that the name of Kunesh-Podein be added as an author on H. F. No. 765.  The motion prevailed.

 

      Swedzinski moved that the name of Jurgens be added as an author on H. F. No. 779.  The motion prevailed.

 

      Edelson moved that the name of Lee be added as an author on H. F. No. 814.  The motion prevailed.

 

      Hansen moved that the name of Kunesh-Podein be added as an author on H. F. No. 850.  The motion prevailed.

 

      Cantrell moved that the name of Lee be added as an author on H. F. No. 876.  The motion prevailed.

 

      Her moved that her name be stricken as an author on H. F. No. 882.  The motion prevailed.

 

      Schultz moved that the name of Demuth be added as an author on H. F. No. 884.  The motion prevailed.

 

      Scott moved that the name of Miller be added as an author on H. F. No. 887.  The motion prevailed.

 

      Drazkowski moved that the name of Bennett be added as an author on H. F. No. 894.  The motion prevailed.

 

      Dehn moved that the name of Persell be added as an author on H. F. No. 897.  The motion prevailed.

 

      Moller moved that the name of Kunesh-Podein be added as an author on H. F. No. 932.  The motion prevailed.

 

      Bennett moved that the name of Demuth be added as an author on H. F. No. 943.  The motion prevailed.

 

      Koegel moved that the name of Stephenson be added as an author on H. F. No. 956.  The motion prevailed.

 

      Nelson moved that the name of Backer be added as an author on H. F. No. 968.  The motion prevailed.

 

      Becker-Finn moved that the name of Kunesh-Podein be added as an author on H. F. No. 984.  The motion prevailed.

 

      Davids moved that the names of Haley and Petersburg be added as authors on H. F. No. 994.  The motion prevailed.

 

      Mann moved that the name of Hornstein be added as an author on H. F. No. 1011.  The motion prevailed.

 

      Ecklund moved that the name of Nornes be added as an author on H. F. No. 1015.  The motion prevailed.


Journal of the House - 16th Day - Wednesday, February 27, 2019 - Top of Page 633

              Edelson moved that the name of Morrison be added as an author on H. F. No. 1036.  The motion prevailed.

 

      Loeffler moved that the name of Kunesh-Podein be added as an author on H. F. No. 1044.  The motion prevailed.

 

      Loeffler moved that the name of Kunesh-Podein be added as an author on H. F. No. 1045.  The motion prevailed.

 

      Daudt moved that the name of Haley be added as an author on H. F. No. 1105.  The motion prevailed.

 

      Dehn moved that the name of Persell be added as an author on H. F. No. 1139.  The motion prevailed.

 

      Freiberg moved that the name of Kunesh-Podein be added as an author on H. F. No. 1182.  The motion prevailed.

 

      Schomacker moved that the name of Haley be added as an author on H. F. No. 1224.  The motion prevailed.

 

      Schultz moved that the names of Bierman and Lee be added as authors on H. F. No. 1225.  The motion prevailed.

 

      Winkler moved that the name of Stephenson be added as an author on H. F. No. 1237.  The motion prevailed.

 

      Baker moved that the names of Huot and Schultz be added as authors on H. F. No. 1247.  The motion prevailed.

 

      Cantrell moved that the name of Freiberg be added as an author on H. F. No. 1257.  The motion prevailed.

 

      Fischer moved that the name of Baker be added as an author on H. F. No. 1261.  The motion prevailed.

 

      Becker-Finn moved that the name of Bennett be added as an author on H. F. No. 1280.  The motion prevailed.

 

      Murphy moved that the names of Persell, Hamilton, Franson and Sundin be added as authors on H. F. No. 1282.  The motion prevailed.

 

      Wazlawik moved that the name of Long be added as an author on H. F. No. 1341.  The motion prevailed.

 

      O'Neill moved that the name of Stephenson be added as an author on H. F. No. 1349.  The motion prevailed.

 

      Long moved that the name of Boe be added as an author on H. F. No. 1360.  The motion prevailed.

 

      Her moved that the name of Kunesh-Podein be added as an author on H. F. No. 1362.  The motion prevailed.

 

      Erickson moved that the names of Masin and Lesch be added as authors on H. F. No. 1370.  The motion prevailed.

 

      Kunesh-Podein moved that the name of Noor be added as an author on H. F. No. 1381.  The motion prevailed.

 

      Howard moved that the name of Vogel be added as an author on H. F. No. 1387.  The motion prevailed.

 

      Torkelson moved that the name of Anderson be added as an author on H. F. No. 1430.  The motion prevailed.


Journal of the House - 16th Day - Wednesday, February 27, 2019 - Top of Page 634

              Lillie moved that the name of Moller be added as an author on H. F. No. 1481.  The motion prevailed.

 

      Davnie moved that the name of Youakim be added as an author on H. F. No. 1501.  The motion prevailed.

 

      Becker-Finn moved that the name of Mann be added as an author on H. F. No. 1532.  The motion prevailed.

 

      Zerwas moved that the name of Kresha be added as an author on H. F. No. 1541.  The motion prevailed.

 

      Richardson moved that the name of Carlson, L., be added as an author on H. F. No. 1542.  The motion prevailed.

 

      Poppe moved that the name of Ecklund be added as an author on H. F. No. 1553.  The motion prevailed.

 

      Theis moved that her name be stricken as an author on H. F. No. 1571.  The motion prevailed.

 

      Wolgamott moved that the name of Petersburg be added as an author on H. F. No. 1577.  The motion prevailed.

 

      Edelson moved that the name of Lesch be added as an author on H. F. No. 1580.  The motion prevailed.

 

      Youakim moved that the name of Carlson, L., be added as an author on H. F. No. 1582.  The motion prevailed.

 

      Hansen moved that the names of Richardson and Mariani be added as authors on H. F. No. 1598.  The motion prevailed.

 

      Wolgamott moved that the name of Christensen be added as an author on H. F. No. 1615.  The motion prevailed.

 

      Christensen moved that the name of Dettmer be added as an author on H. F. No. 1622.  The motion prevailed.

 

      Long moved that the name of Vang be added as an author on H. F. No. 1644.  The motion prevailed.

 

      West moved that the name of Dettmer be added as an author on H. F. No. 1645.  The motion prevailed.

 

      Schultz moved that the name of Mann be added as an author on H. F. No. 1659.  The motion prevailed.

 

      Vang moved that the name of Franson be added as an author on H. F. No. 1660.  The motion prevailed.

 

      Vang moved that the name of Franson be added as an author on H. F. No. 1661.  The motion prevailed.

 

      Gomez moved that the name of Pinto be added as an author on H. F. No. 1664.  The motion prevailed.

 

      Scott moved that the names of Dettmer, Franson, Nornes and Heinrich be added as authors on H. F. No. 1666.  The motion prevailed.

 

      Fabian moved that the name of Poston be added as an author on H. F. No. 1667.  The motion prevailed.

 

      Her moved that the name of Mann be added as an author on H. F. No. 1669.  The motion prevailed.

 

      Fabian moved that the name of Dettmer be added as an author on H. F. No. 1673.  The motion prevailed.

 

      Hornstein moved that the name of Runbeck be added as an author on H. F. No. 1674.  The motion prevailed.


Journal of the House - 16th Day - Wednesday, February 27, 2019 - Top of Page 635

              Tabke moved that the name of Pryor be added as an author on H. F. No. 1675.  The motion prevailed.

 

      Richardson moved that the name of Mann be added as an author on H. F. No. 1676.  The motion prevailed.

 

      Baker moved that the name of Anderson be added as an author on H. F. No. 1677.  The motion prevailed.

 

      Scott moved that the name of Dettmer be added as an author on H. F. No. 1686.  The motion prevailed.

 

      Richardson moved that the name of Vang be added as an author on H. F. No. 1703.  The motion prevailed.

 

      Daudt moved that the name of Poston be added as an author on H. F. No. 1715.  The motion prevailed.

 

      Daudt moved that the name of Poston be added as an author on H. F. No. 1731.  The motion prevailed.

 

      Carlson, L., moved that H. F. No. 85, now on the Calendar for the Day, be re-referred to the Committee on Ways and Means.  The motion prevailed.

 

      Morrison moved that H. F. No. 1246 be recalled from the Committee on Health and Human Services Policy and be re-referred to the Committee on Commerce.  The motion prevailed.

 

 

ADJOURNMENT

 

      Winkler moved that when the House adjourns today it adjourn until 3:30 p.m., Thursday, February 28, 2019.  The motion prevailed.

 

      Winkler moved that the House adjourn.  The motion prevailed, and the Speaker declared the House stands adjourned until 3:30 p.m., Thursday, February 28, 2019.

 

 

Patrick D. Murphy, Chief Clerk, House of Representatives



Journal of the House - 16th Day - Wednesday, February 27, 2019 - Top of Page 636