Journal of the House - 68th Day - Thursday, February 27, 2020 - Top of Page 6511

STATE OF MINNESOTA

 

Journal of the House

 

NINETY-FIRST SESSION - 2020

 

_____________________

 

SIXTY-EIGHTH DAY

 

Saint Paul, Minnesota, Thursday, February 27, 2020

 

 

      The House of Representatives convened at 3:30 p.m. and was called to order by Melissa Hortman, Speaker of the House.

 

      Prayer was offered by the Reverend Joanna Mitchell, Grace Lutheran Church, Andover, 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

Daniels

Daudt

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

Jordan

Jurgens

Kiel

Klevorn

Koegel

Kotyza-Witthuhn

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Lippert

Lislegard

Long

Lucero

Lueck

Mahoney

Mariani

Marquart

Masin

Mekeland

Miller

Moller

Moran

Morrison

Munson

Murphy

Nash

Nelson, M.

Nelson, N.

Neu

Noor

Nornes

Novotny

O'Driscoll

Olson

O'Neill

Pelowski

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

West

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

      A quorum was present.

 

      Davids, Mann and McDonald 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 - 68th Day - Thursday, February 27, 2020 - Top of Page 6512

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

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

 

H. F. No. 1424, A bill for an act relating to commerce; establishing a student loan advocate; requiring licensure of student loan servicers; prohibiting certain practices in student loan servicing; requiring a report; proposing coding for new law as Minnesota Statutes, chapter 58B.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  [58B.01] DEFINITIONS.

 

Subdivision 1.  Scope.  For the purposes of this chapter, the following terms have the meanings given them.

 

Subd. 2.  Borrower.  "Borrower" means a resident of this state who has received or agreed to pay a student loan or a person who shares responsibility with a resident for repaying a student loan.

 

Subd. 3.  Commissioner.  "Commissioner" means the commissioner of commerce.

 

Subd. 4.  Financial institution.  "Financial institution" means any of the following organized under the laws of this state, any other state, or the United States:  a bank, bank and trust, trust company with banking powers, savings bank, savings association, or credit union.

 

Subd. 5.  Person in control.  "Person in control" means any member of senior management, including owners or officers, and other persons who possess, directly or indirectly, the power to direct or cause the direction of the management policies of an applicant or student loan servicer under this chapter, regardless of whether the person has any ownership interest in the applicant or student loan servicer.  Control is presumed to exist if a person, directly or indirectly, owns, controls, or holds with power to vote ten percent or more of the voting stock of an applicant or student loan servicer or of a person who owns, controls, or holds with power to vote ten percent or more of the voting stock of an applicant or student loan servicer.

 

Subd. 6.  Servicing.  "Servicing" means:

 

(1) receiving any scheduled periodic payments from a borrower or notification of payments, and applying payments to the borrower's account pursuant to the terms of the student loan or of the contract governing servicing;

 

(2) during a period when no payment is required on a student loan, maintaining account records for the loan and communicating with the borrower regarding the loan, on behalf of the loan's holder; and

 

(3) interacting with a borrower, including activities to help prevent default on obligations arising from student loans, conducted to facilitate the requirements in clauses (1) and (2).

 

Subd. 7.  Student loan.  "Student loan" means a government, commercial, or foundation loan for actual costs paid for tuition and reasonable education and living expenses.


Journal of the House - 68th Day - Thursday, February 27, 2020 - Top of Page 6513

Subd. 8.  Student loan servicer.  "Student loan servicer" means any person, wherever located, responsible for the servicing of any student loan to any borrower, including a nonbank covered person, as defined in Code of Federal Regulations, title 12, section 1090.101, who is responsible for the servicing of any student loan to any borrower.

 

Sec. 2.  [58B.02] STUDENT LOAN ADVOCATE.

 

Subdivision 1.  Designation of a student loan advocate.  The commissioner must designate a student loan advocate within the Department of Commerce to provide timely assistance to any borrower.

 

Subd. 2.  Duties.  The student loan advocate must:

 

(1) receive, review, and attempt to resolve complaints from borrowers, including but not limited to attempts to resolve such complaints in collaboration with institutions of higher education, student loan servicers, and any other participants in student loan lending;

 

(2) compile and analyze data on borrower complaints received under clause (1);

 

(3) help borrowers understand their rights and responsibilities under the terms of student loans;

 

(4) provide information to the public, state agencies, legislators, and relevant stakeholders regarding the problems and concerns of borrowers;

 

(5) make recommendations for resolving the problems of borrowers;

 

(6) analyze and monitor the development and implementation of federal, state, and local laws, regulations, and policies relating to borrowers and recommend any changes deemed necessary;

 

(7) review the complete student loan history for any borrower who has provided written consent for such review;

 

(8) increase public awareness that the advocate is available to assist in the resolution of the student loan servicing concerns of potential and actual borrowers, institutions of higher education, student loan servicers, and any other participant in student lending; and

 

(9) take other actions, as necessary, to fulfill the duties of the advocate set forth in this section.

 

Subd. 3.  Student loan education course.  The advocate must establish and maintain a borrower education course.  The course shall include educational presentations and materials regarding important topics in student loans, including but not limited to:

 

(1) the meaning of important terminology used in student lending;

 

(2) documentation requirements;

 

(3) monthly payment obligations;

 

(4) income-based repayment options;

 

(5) the availability of state and federal loan forgiveness programs; and

 

(6) disclosure requirements.


Journal of the House - 68th Day - Thursday, February 27, 2020 - Top of Page 6514

Subd. 4.  Reporting.  By January 15 of each odd-numbered year, the advocate must report to the legislative committees with jurisdiction over commerce and higher education.  The report must describe the advocate's implementation of this section, the outcomes achieved by the advocate in the previous two years, and recommendations for improving the regulation of student loan servicers.

 

Sec. 3.  [58B.03] LICENSING OF STUDENT LOAN SERVICERS.

 

Subdivision 1.  License required.  No person shall directly or indirectly act as a student loan servicer without first obtaining a license from the commissioner.

 

Subd. 2.  Exempt persons.  The following persons are exempt from the requirements of this chapter:

 

(1) a financial institution;

 

(2) a person servicing student loans made with the person's own funds, if no more than three such student loans are made in any 12-month period;

 

(3) an agency, instrumentality, or political subdivision of this state that makes, services, or guarantees student loans;

 

(4) a person acting in a fiduciary capacity, such as a trustee or receiver, as a result of a specific order issued by a court of competent jurisdiction; or

 

(5) a person exempted by order of the commissioner.

 

Subd. 3.  Application for licensure.  (a) Any person seeking to act within the state as a student loan servicer must apply for a license in a form and manner specified by the commissioner.  At a minimum, the application must include:

 

(1) a financial statement prepared by a certified public accountant or a public accountant;

 

(2) the history of criminal convictions, excluding traffic violations, for persons in control of the applicant;

 

(3) any information requested by the commissioner related to the history of criminal convictions disclosed under clause (2);

 

(4) a nonrefundable license fee established by the commissioner; and

 

(5) a nonrefundable investigation fee established by the commissioner.

 

(b) The commissioner may conduct a state and national criminal history records check of the applicant and of each person in control or employee of the applicant.

 

Subd. 4.  Issuance of a license.  Upon receipt of a complete application for an initial license and the payment of fees for a license and investigation, the commissioner must investigate the financial condition and responsibility, character, financial and business experience, and general fitness of the applicant.  The commissioner may issue a license if the commissioner finds that:

 

(1) the applicant's financial condition is sound;

 

(2) the applicant's business will be conducted honestly, fairly, equitably, carefully, and efficiently within the purposes and intent of this section;


Journal of the House - 68th Day - Thursday, February 27, 2020 - Top of Page 6515

(3) each person in control of the applicant is in all respects properly qualified and of good character;

 

(4) no person, on behalf of the applicant, has knowingly made any incorrect statement of a material fact in the application, or in any report or statement made pursuant to this section;

 

(5) no person, on behalf of the applicant, has knowingly omitted from an application, report, or statement made pursuant to this section, any information required by the commissioner;

 

(6) the applicant has paid the fees required under this section; and

 

(7) the application has met other similar requirements, as determined by the commissioner.

 

Subd. 5.  Notification of a change in status.  An applicant or student loan servicer must notify the commissioner in writing of any change in the information provided in its initial application for a license or its most recent renewal application for such a license.  This notification must be received no later than ten business days after an event that results in the information becoming inaccurate.

 

Subd. 6.  Term of license.  Licenses issued under this chapter expire on December 31 and are renewable on January 1.

 

Subd. 7.  Exemption from application.  (a) A person is exempt from the application procedures under subdivision 3 if the commissioner determines that the person is servicing student loans in this state pursuant to a contract awarded by the United States Secretary of Education under United States Code, title 20, section 1087f.  Documentation of eligibility for this exemption shall be in a form and manner determined by the commissioner.

 

(b) A person determined to be eligible for the exemption under paragraph (a) shall, upon payment of the fees under subdivision 3, be issued a license and deemed to meet all of the requirements of subdivision 4.

 

Subd. 8.  Notice.  (a) A person issued a license under subdivision 7 must provide the commissioner with written notice no less than seven days after the person's contract under United States Code, title 20, section 1087f, expires, is revoked, or is terminated.

 

(b) A person issued a license under subdivision 7 has 30 days from the date the notification under paragraph (a) is provided to complete the requirements of subdivision 3.  If a person does not meet the requirements of subdivision 3 within this time period, the commissioner shall immediately suspend the person's license under this chapter.

 

Sec. 4.  [58B.04] LICENSING MULTIPLE PLACES OF BUSINESS.

 

(a) A person licensed to act within the state as a student loan servicer may not do so under any other name or at any other place of business than that named in the license.  Any time a student loan servicer changes the location of the servicer's place of business, the servicer must provide prior written notice to the commissioner.  A student loan servicer may not maintain more than one place of business under the same license.  The commissioner may issue more than one license to the same student loan servicer, provided that the servicer complies with the application procedures in section 58B.03 for each license.

 

(b) A license issued under this chapter is not transferable or assignable.

 

Sec. 5.  [58B.05] LICENSE RENEWAL.

 

Subdivision 1.  Term.  Licenses are renewable on January 1 of each year.


Journal of the House - 68th Day - Thursday, February 27, 2020 - Top of Page 6516

Subd. 2.  Timely renewal.  (a) A person whose application is properly and timely filed who has not received notice of denial of renewal is considered approved for renewal.  The person may continue to act as a student loan servicer whether or not the renewed license has been received on or before January 1 of the renewal year.  Application for renewal of a license is considered timely filed if received by the commissioner, or mailed with proper postage and postmarked, by the December 15 before the renewal year.  An application for renewal is considered properly filed if made upon forms duly executed, accompanied by fees prescribed by this chapter, and containing any information that the commissioner requires.

 

(b) A person who fails to make a timely application for renewal of a license and who has not received the renewal license as of January 1 of the renewal year is unlicensed until the renewal license has been issued by the commissioner and is received by the person.

 

Subd. 3.  Contents of renewal application.  Application for the renewal of an existing license must contain the information specified in section 58B.03, subdivision 3, however, only the requested information having changed from the most recent prior application need be submitted.

 

Subd. 4.  Cancellation.  A student loan servicer ceasing an activity or activities regulated by this chapter and desiring to no longer be licensed shall inform the commissioner in writing and, at the same time, surrender the license and all other symbols or indicia of licensure.  The licensee shall include a plan for the withdrawal from student loan servicing, including a timetable for the disposition of the student loans being serviced.

 

Subd. 5.  Renewal fees.  The following fees must be paid to the commissioner for a renewal license:

 

(1) a nonrefundable renewal license fee established by the commissioner; and

 

(2) a nonrefundable renewal investigation fee established by the commissioner.

 

Sec. 6.  [58B.06] DUTIES OF STUDENT LOAN SERVICERS.

 

Subdivision 1.  Response requirements.  Upon receiving a written communication from a borrower, a student loan servicer must:

 

(1) acknowledge receipt of the communication in less than ten days; and

 

(2) provide information relating to the communication and, if applicable, the action the student loan servicer will take to either (i) correct the borrower's issue or (ii) explain why the issue cannot be corrected.  This information must be provided less than 30 days from the date the written communication was received by the student loan servicer.

 

Subd. 2.  Overpayments.  A student loan servicer must ask a borrower in what manner the borrower would like any overpayment, meaning a payment on a student loan that exceeds the monthly amount due, to be applied to a student loan.  A borrower's instruction regarding the application of overpayments is effective for the term of the loan, or until the borrower provides a different instruction.

 

Subd. 3.  Partial payments.  A student loan servicer must apply a partial payment, meaning a payment that is less than the amount due on a student loan, in a manner intended to minimize late fees and the negative impact on the borrower's credit history.  If a borrower has multiple student loans with the same student loan servicer, upon receipt of a partial payment the servicer must apply the payments to satisfy as many individual loan payments as possible.


Journal of the House - 68th Day - Thursday, February 27, 2020 - Top of Page 6517

Subd. 4.  Transfer of student loan.  (a) If a borrower's student loan servicer changes pursuant to the sale, assignment, or transfer of the servicing, the original student loan servicer must:

 

(1) require the new student loan servicer to honor all benefits that were made available, or which may have become available, to a borrower from the original student loan servicer; and

 

(2) transfer to the new student loan servicer all information regarding the borrower, the account of the borrower, and the borrower's student loan, including, but not limited to, the repayment status of the student loan and the benefits described in clause (1).

 

(b) The student loan servicer must complete the transfer under clause (2) less than 45 days from the date the of the sale, assignment, or transfer of the servicing.

 

(c) A sale, assignment, or transfer of the servicing must be completed no less than seven days from the date the next payment is due on the student loan.

 

(d) A new student loan servicer must adopt policies and procedures to verify that the original student loan servicer has met the requirements of paragraph (a).

 

Subd. 5.  Income-driven repayment.  A student loan servicer must evaluate a borrower for eligibility for an income-driven repayment program before placing a borrower in forbearance or default. 

 

Subd. 6.  Records.  A student loan servicer must maintain adequate records of each student loan for not less than two years following the final payment on the student loan or the sale, assignment, or transfer of the servicing.

 

EFFECTIVE DATE.  This section is effective July 1, 2019, and applies to student loan contracts executed on or after that date.

 

Sec. 7.  [58B.07] PROHIBITED CONDUCT.

 

Subdivision 1.  Misleading borrowers.  A student loan servicer must not directly or indirectly attempt to mislead a borrower.

 

Subd. 2.  Misrepresentation.  A student loan servicer must not engage in any unfair or deceptive practice or misrepresent or omit any material information in connection with the servicing of a student loan, including but not limited to misrepresenting the amount, nature, or terms of any fee or payment due or claimed to be due on a student loan, the terms and conditions of the loan agreement, or the borrower's obligations under the loan.

 

Subd. 3.  Misapplication of payments.  A student loan servicer must not knowingly or negligently misapply student loan payments.

 

Subd. 4.  Inaccurate information.  A student loan servicer must not knowingly or negligently provide inaccurate information to any consumer reporting agency.

 

Subd. 5.  Reporting of payment history.  A student loan servicer must not fail to report both the favorable and unfavorable payment history of the borrower to a consumer reporting agency at least annually, if the student loan servicer regularly reports such information.


Journal of the House - 68th Day - Thursday, February 27, 2020 - Top of Page 6518

Subd. 6.  Refusal to communicate with a borrower's representative.  A student loan servicer must not refuse to communicate with a representative of the borrower who provides a written authorization signed by the borrower, provided the student loan servicer may adopt procedures reasonably related to verifying that the representative is in fact authorized to act on behalf of the borrower.

 

Subd. 7.  False statements and omissions.  A student loan servicer must not knowingly or negligently make any false statement or omission of material fact in connection with any application, information, or reports filed with the commissioner or any other federal, state, or local government agency.

 

Subd. 8.  Noncompliance with applicable laws.  A student loan servicer must not violate any other federal, state, or local laws, including those related to fraudulent, coercive, or dishonest practices.

 

Subd. 9.  Failure to respond to advocate.  (a) A student loan servicer must respond in less than 15 days from receipt of a communication from the student loan advocate.  This response period may be reasonably shortened by the advocate in their communication.

 

(b) A student loan servicer must provide a response in less than 15 days from receipt of a consumer complaint submitted to the servicer by the student loan advocate.  A student loan servicer may request from the advocate an extension of up to 45 days from receipt of the consumer complaint, if accompanied by an explanation of why additional time is reasonable and necessary.

 

Sec. 8.  [58B.08] EXAMINATIONS.

 

The commissioner has under this chapter the same powers with respect to examinations of student loan servicers that the commissioner has under section 46.04.

 

Sec. 9.  [58B.09] DENIAL, SUSPENSION, REVOCATION OF LICENSES.

 

Subdivision 1.  Powers of commissioner.  (a) The commissioner may by order take any or all of the following actions:

 

(1) bar a person from engaging in student loan servicing;

 

(2) deny, suspend, or revoke a student loan servicer license;

 

(3) censure a student loan servicer;

 

(4) impose a civil penalty as provided in section 45.027, subdivision 6; or

 

(5) revoke an exemption.

 

(b) In order to take the action in paragraph (a), the commissioner must find:

 

(1) that the order is in the public interest; and

 

(2) that the student loan servicer, applicant, person in control, employee, or agent has:

 

(i) violated any provision of this chapter or rule or order under this chapter;


Journal of the House - 68th Day - Thursday, February 27, 2020 - Top of Page 6519

(ii) violated a standard of conduct or engaged in a fraudulent, coercive, deceptive, or dishonest act or practice, whether or not the act or practice involves student loan servicing, including but not limited to negligently making a false statement or knowingly omitting a material fact;

 

(iii) engaged in an act or practice, whether or not the act or practice involves student loan servicing, that demonstrates untrustworthiness, financial irresponsibility, or incompetence;

 

(iv) pled guilty or nolo contendere to or been convicted of a felony, gross misdemeanor, or misdemeanor;

 

(v) paid a civil penalty or been the subject of disciplinary action by the commissioner, an order of suspension or revocation, cease and desist order, injunction order, or order barring involvement in an industry or profession issued by the commissioner or any other federal, state, or local government agency;

 

(vi) been found by a court of competent jurisdiction to have engaged in conduct evidencing gross negligence, fraud, misrepresentation, or deceit;

 

(vii) refused to cooperate with an investigation or examination by the commissioner;

 

(viii) failed to pay any fee or assessment imposed by the commissioner; or

 

(ix) failed to comply with state and federal tax obligations.

 

Subd. 2.  Orders of the commissioner.  To begin a proceeding under this section, the commissioner shall issue an order requiring the subject of the proceeding to show cause why action should not be taken against the person according to this section.  The order must be calculated to give reasonable notice of the time and place for the hearing and must state the reasons for entry of the order.  The commissioner may by order summarily suspend a license or exemption or summarily bar a person from engaging in student loan servicing pending a final determination of an order to show cause.  If a license or exemption is summarily suspended or if the person is summarily barred from any involvement in the servicing of student loans, pending final determination of an order to show cause, a hearing on the merits must be held within 30 days of the issuance of the order of summary suspension or bar.  All hearings must be conducted under chapter 14.  After the hearing, the commissioner shall enter an order disposing of the matter as the facts require.  If the subject of the order fails to appear at a hearing after having been duly notified, the person is considered in default, and the proceeding may be determined against the subject of the order upon consideration of the order to show cause, the allegations of which may be considered to be true.

 

Subd. 3.  Actions against lapsed license.  If a license or certificate of exemption lapses, is surrendered, withdrawn, terminated, or otherwise becomes ineffective, the commissioner may institute a proceeding under this subdivision within two years after the license or certificate of exemption was last effective and enter a revocation or suspension order as of the last date on which the license or certificate of exemption was in effect, and may impose a civil penalty as provided for in this section or section 45.027, subdivision 6.

 

Sec. 10.  APPROPRIATION.

 

$403,000 in fiscal year 2020 and $388,000 in fiscal year 2021 are appropriated from the general fund to the commissioner of commerce to administer the requirements of Minnesota Statutes, chapter 58B.

 

Sec. 11.  EFFECTIVE DATE.

 

Sections 1 to 5 and 7 to 10 are effective July 1, 2019."


Journal of the House - 68th Day - Thursday, February 27, 2020 - Top of Page 6520

Delete the title and insert:

 

"A bill for an act relating to commerce; establishing a student loan advocate; requiring licensure of student loan servicers; prohibiting certain practices in student loan servicing; requiring a report; appropriating money; proposing coding for new law as Minnesota Statutes, chapter 58B."

 

 

With the recommendation that when so amended the bill be re-referred to the Judiciary Finance and Civil Law Division without further recommendation.

 

      The report was adopted.

 

 

Lesch from the Judiciary Finance and Civil Law Division to which was referred:

 

H. F. No. 1530, A bill for an act relating to veterinary medicine; providing immunity for animal cruelty reporting; proposing coding for new law in Minnesota Statutes, chapter 343.

 

Reported the same back with the following amendments:

 

Page 1, line 10, delete "2019" and insert "2020"

 

 

With the recommendation that when so amended 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. 2182, A bill for an act relating to human services; establishing the Direct Care Service Corps; requiring a report; appropriating money.

 

Reported the same back with the recommendation that the bill be re-referred to the Long-Term Care Division without further recommendation.

 

      The report was adopted.

 

 

Freiberg from the Committee on Government Operations to which was referred:

 

H. F. No. 2766, A bill for an act proposing an amendment to the Minnesota Constitution; providing for gender‑neutral terms.

 

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.


Journal of the House - 68th Day - Thursday, February 27, 2020 - Top of Page 6521

Freiberg from the Committee on Government Operations to which was referred:

 

H. F. No. 3006, A bill for an act relating to state government; appropriating money in the Help America Vote Act account to the secretary of state; amending Minnesota Statutes 2018, section 5.30, subdivision 2.

 

Reported the same back with the following amendments:

 

Page 1, line 9, after "is" insert ", subject to section 3.3005,"

 

 

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

 

      The report was adopted.

 

 

Lesch from the Judiciary Finance and Civil Law Division to which was referred:

 

H. F. No. 3008, A bill for an act proposing an amendment to the Minnesota Constitution, article I, section 2; prohibiting slavery or involuntary servitude as criminal punishment for a crime.

 

Reported the same back with the recommendation that the bill be re-referred to the Corrections Division.

 

      The report was adopted.

 

 

Moran from the Committee on Health and Human Services Policy to which was referred:

 

H. F. No. 3072, A bill for an act relating to motor vehicles; prohibiting smoking in passenger vehicles and public transportation vehicles used for personal use with persons under age 18 present; establishing a fine for violations; amending Minnesota Statutes 2018, sections 144.414, subdivision 4, by adding a subdivision; 144.4167, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 169.

 

Reported the same back with the following amendments:

 

Page 2, line 11, delete "Definition" and insert "Definitions"

 

Page 2, line 23, delete "$100" and insert "$50" and after the period, insert "The Department of Public Safety shall not record a violation of this subdivision on a person's driving record."

 

Page 2, line 24, delete "Police" and insert "Peace" and delete everything after "A" and insert "peace officer may not issue a citation for a violation of this section unless the officer lawfully stopped or detained the driver of the passenger vehicle for a moving violation other than a violation involving passenger vehicle equipment."

 

Page 2, delete lines 25 and 26 and insert:

 

"EFFECTIVE DATE.  This section is effective August 1, 2020, and applies to violations committed on or after that date.


Journal of the House - 68th Day - Thursday, February 27, 2020 - Top of Page 6522

Sec. 5.  Minnesota Statutes 2018, section 171.16, subdivision 3, is amended to read:

 

Subd. 3.  Suspension for failure to pay fine.  When any court reports to the commissioner that a person:  (1) has been convicted of violating a law of this state or an ordinance of a political subdivision which regulates the operation or parking of motor vehicles, (2) has been sentenced to the payment of a fine or had a surcharge levied against that person, or sentenced to a fine upon which a surcharge was levied, and (3) has refused or failed to comply with that sentence or to pay the surcharge, notwithstanding the fact that the court has determined that the person has the ability to pay the fine or surcharge, the commissioner shall suspend the driver's license of such person for 30 days for a refusal or failure to pay or until notified by the court that the fine or surcharge, or both if a fine and surcharge were not paid, has been paid.  This subdivision does not apply to a fine levied for a violation of section 169.477.

 

Sec. 6.  Minnesota Statutes 2018, section 357.021, subdivision 6, is amended to read:

 

Subd. 6.  Surcharges on criminal and traffic offenders.  (a) Except as provided in this paragraph, the court shall impose and the court administrator shall collect a $75 surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or petty misdemeanor offense, other than a violation of:  (1) a law or ordinance relating to vehicle parking, for which there shall be a $12 surcharge; and (2) section 169.477, subdivision 2, for which no surcharge shall be imposed.  When a defendant is convicted of more than one offense in a case, the surcharge shall be imposed only once in that case.  In the Second Judicial District, the court shall impose, and the court administrator shall collect, an additional $1 surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or petty misdemeanor offense, including a violation of a law or ordinance relating to vehicle parking, if the Ramsey County Board of Commissioners authorizes the $1 surcharge.  The surcharge shall be imposed whether or not the person is sentenced to imprisonment or the sentence is stayed.  The surcharge shall not be imposed when a person is convicted of a petty misdemeanor for which no fine is imposed.

 

(b) If the court fails to impose a surcharge as required by this subdivision, the court administrator shall show the imposition of the surcharge, collect the surcharge, and correct the record.

 

(c) The court may not waive payment of the surcharge required under this subdivision.  Upon a showing of indigency or undue hardship upon the convicted person or the convicted person's immediate family, the sentencing court may authorize payment of the surcharge in installments.

 

(d) The court administrator or other entity collecting a surcharge shall forward it to the commissioner of management and budget.

 

(e) If the convicted person is sentenced to imprisonment and has not paid the surcharge before the term of imprisonment begins, the chief executive officer of the correctional facility in which the convicted person is incarcerated shall collect the surcharge from any earnings the inmate accrues from work performed in the facility or while on conditional release.  The chief executive officer shall forward the amount collected to the court administrator or other entity collecting the surcharge imposed by the court.

 

(f) A person who enters a diversion program, continuance without prosecution, continuance for dismissal, or stay of adjudication for a violation of chapter 169 must pay the surcharge described in this subdivision.  A surcharge imposed under this paragraph shall be imposed only once per case.


Journal of the House - 68th Day - Thursday, February 27, 2020 - Top of Page 6523

(g) The surcharge does not apply to administrative citations issued pursuant to section 169.999.

 

EFFECTIVE DATE.  This section is effective August 1, 2020, and applies to violations committed on or after that date."

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the Transportation Finance and Policy Division.

 

      The report was adopted.

 

 

Halverson from the Committee on Commerce to which was referred:

 

H. F. No. 3126, A bill for an act relating to lawful gambling; requiring certain annual reports to be filed with the Gambling Control Board; amending Minnesota Statutes 2018, section 349.19, by adding a subdivision.

 

Reported the same back with the following amendments:

 

Page 1, line 10, before "at" insert "but excluding any requirement that is to be reported as described in section 297E.06, subdivision 4, paragraph (d),"

 

 

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

 

      The report was adopted.

 

 

Freiberg from the Committee on Government Operations to which was referred:

 

H. F. No. 3429, A bill for an act relating to elections; making technical and policy changes to provisions related to elections administration including provisions related to voting, voter registration, polling places, ballots, recounts, contests, candidates, and various other election-related provisions; extending availability of election equipment grant money; amending Minnesota Statutes 2018, sections 5B.06; 201.061, subdivision 3; 201.071, subdivisions 1, 2, 3, 8; 201.12, subdivision 2; 201.121, subdivision 3; 201.13, subdivision 3; 201.1611, subdivision 1; 201.225, subdivision 2; 202A.16, subdivision 1; 203B.04, subdivision 1; 203B.081, subdivisions 1, 2; 203B.12, subdivision 7; 203B.121, subdivision 2; 203B.16, subdivision 2; 203B.24, subdivision 1; 204B.06, subdivision 4a; 204B.09, subdivisions 1, 3; 204B.16, subdivision 1; 204B.19, subdivision 6; 204B.21, subdivision 2; 204B.36, subdivision 2; 204B.45, subdivisions 1, 2; 204B.46; 204C.05, subdivisions 1a, 1b; 204C.21, subdivision 1; 204C.27; 204C.33, subdivision 3; 204C.35, subdivision 3, by adding a subdivision; 204C.36, subdivision 1; 204D.08, subdivision 4; 204D.13, subdivision 1; 204D.19, subdivision 2; 204D.22, subdivision 3; 204D.23, subdivision 2; 204D.27, subdivision 5; 204D.28, subdivisions 9, 10; 205.13, subdivision 5; 205A.10, subdivision 5; 205A.12, subdivision 5; 206.805, subdivision 1; 206.89, subdivisions 4, 5; 206.90, subdivision 6; 207A.13; 207A.14, subdivision 3; 208.03; 209.021, subdivision 2; 211B.11, subdivision 1; 367.03, subdivision 6; 367.25, subdivision 1; 412.02, subdivision 2a; 447.32, subdivision 4; Minnesota Statutes 2019 Supplement, sections 203B.121, subdivision 4; 207A.12; Laws 2017, First Special Session chapter 4, article 1, section 6, subdivision 5.

 

Reported the same back with the following amendments:


Journal of the House - 68th Day - Thursday, February 27, 2020 - Top of Page 6524

Page 14, after line 17, insert:

 

"Sec. 16.  Minnesota Statutes 2018, section 203B.11, subdivision 1, is amended to read:

 

Subdivision 1.  Generally.  (a) Each full-time municipal clerk or school district clerk who has authority under section 203B.05 to administer absentee voting laws shall designate election judges to deliver absentee ballots in accordance with this section.  The county auditor must also designate election judges to perform the duties in this section.  A ballot may be delivered only to an eligible voter who is a temporary or permanent resident or patient in a health care facility or hospital located in the municipality in which the voter maintains residence.  The ballots shall be delivered by two election judges, each of whom is affiliated with a different major political party.  When the election judges deliver or return ballots as provided in this section, they shall travel together in the same vehicle.  Both election judges shall be present when an applicant completes the certificate of eligibility and marks the absentee ballots, and may assist an applicant as provided in section 204C.15.  The election judges shall deposit the return envelopes containing the marked absentee ballots in a sealed container and return them to the clerk on the same day that they are delivered and marked.

 

(b) At the discretion of a full-time municipal clerk, school district clerk, or county auditor, absentee ballots may be delivered in the same manner as prescribed in paragraph (a) to a veterans home operated by the board of directors of the Minnesota veterans homes under chapter 198 or a shelter for battered women as defined in section 611A.37, subdivision 4."

 

Page 19, delete lines 18 to 28

 

Page 19, line 29, reinstate the stricken "(b)" and delete "(c)"

 

Page 20, line 4, reinstate the stricken "(c)" and delete "(d)"

 

Page 30, line 19, strike everything after the period

 

Page 30, strike lines 20 and 21

 

Page 30, after line 21, insert:

 

"Sec. 43.  Minnesota Statutes 2018, section 204D.195, is amended to read:

 

204D.195 DATE OF SPECIAL ELECTION; CERTAIN TIMES PROHIBITED.

 

Notwithstanding any other provision of law, a special primary and special general election may not be held:

 

(1) for a period beginning the day following the date of the state primary election and ending the day prior to the date of the state general election; or

 

(2) on a holiday, or during the four days before or after a holiday, as defined in section 645.44, subdivision 5.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and applies to special elections occurring on or after that date."


Journal of the House - 68th Day - Thursday, February 27, 2020 - Top of Page 6525

Page 41, line 7, delete "2022" and insert "2021"

 

Renumber the sections in sequence

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the State Government Finance Division.

 

      The report was adopted.

 

 

Sundin from the Committee on Labor to which was referred:

 

H. F. No. 3433, A bill for an act relating to wages; eliminating subminimum wage; creating a task force on eliminating subminimum wage; repealing statute and rules allowing payment of subminimum wage to employees with disabilities; appropriating money; amending Minnesota Statutes 2018, section 177.24, by adding a subdivision; repealing Minnesota Statutes 2018, section 177.28, subdivision 5; Minnesota Rules, parts 5200.0030; 5200.0040.

 

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

 

      The report was adopted.

 

 

Halverson from the Committee on Commerce to which was referred:

 

H. F. No. 3627, A bill for an act relating to commerce; requiring notices for reverse mortgage loans; amending Minnesota Statutes 2018, section 47.58, subdivisions 1, 8, by adding subdivisions.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2018, section 47.58, subdivision 1, is amended to read:

 

Subdivision 1.  Definitions.  For the purposes of this section, the terms defined in this subdivision have the meanings given them.

 

(a) "Reverse mortgage loan" means a loan:

 

(1) Made to a borrower wherein the committed principal amount is paid to the borrower in equal or unequal installments over a period of months or years, interest is assessed, and authorized closing costs are incurred as specified in the loan agreement;

 

(2) Which is secured by a mortgage on residential property owned solely by the borrower; and

 

(3) Which is due upon the death of the last surviving borrower, or upon the borrower terminating use of the property as principal residence so as to disqualify the property from the homestead credit refund given in chapter 290A.


Journal of the House - 68th Day - Thursday, February 27, 2020 - Top of Page 6526

(b) "Lender" means any bank subject to chapter 48, credit union subject to chapter 52, savings bank organized and operated pursuant to chapter 50, savings association subject to chapter 51A, any residential mortgage originator subject to chapter 58, or any insurance company as defined in section 60A.02, subdivision 4.  "Lender" also includes any federally chartered bank or savings association supervised by the comptroller of the currency or federally chartered savings association supervised by the Federal Home Loan Bank Board or federally chartered credit union supervised by the National Credit Union Administration, to the extent permitted by federal law.

 

(c) "Borrower" includes any natural person holding an interest in severalty or as joint tenant or tenant-in-common in the property securing a reverse mortgage loan.

 

(d) "Outstanding loan balance" means the current net amount of money owed by the borrower to the lender whether or not that sum is suspended pursuant to the terms of the reverse mortgage loan agreement or is immediately due and payable.  The outstanding loan balance is calculated by adding the current totals of the items described in clauses (1) to (5) and subtracting the current totals of the item described in clause (6):

 

(1) The sum of all payments made by the lender which are necessary to clear the property securing the loan of any outstanding mortgage encumbrance or mechanics or material supplier's lien.

 

(2) The total disbursements made by the lender to date pursuant to the loan agreement as formulated in accordance with subdivision 3.

 

(3) All taxes, assessments, insurance premiums and other similar charges paid to date by the lender pursuant to subdivision 6, which charges were not reimbursed by the borrower within 60 days.

 

(4) All actual closing costs which the borrower has deferred, if a deferral provision is contained in the loan agreement as authorized by subdivision 7.

 

(5) The total accrued interest to date, as authorized by subdivision 5.

 

(6) All payments made by the borrower pursuant to subdivision 4.

 

(e) "Actual closing costs" mean reasonable charges or sums ordinarily paid at the time of closing for the following, whether or not retained by the lender:

 

(1) Any insurance premiums on policies covering the mortgaged property including but not limited to premiums for title insurance, fire and extended coverage insurance, flood insurance, and private mortgage insurance.

 

(2) Abstracting, title examination and search, and examination of public records related to the mortgaged property.

 

(3) The preparation and recording of any or all documents required by law or custom for closing a reverse mortgage loan agreement.

 

(4) Appraisal and survey of real property securing a reverse mortgage loan.

 

(5) A single service charge, which service charge shall include any consideration, not otherwise specified in this section as an "actual closing cost," paid by the borrower to the lender for or in relation to the acquisition, making, refinancing or modification of a reverse mortgage loan, and shall also include any consideration received by the lender for making a commitment for a reverse mortgage loan, whether or not an actual loan follows the commitment.  The service charge shall not exceed one percent of the bona fide committed principal amount of the reverse mortgage loan.


Journal of the House - 68th Day - Thursday, February 27, 2020 - Top of Page 6527

(6) Charges and fees necessary for or related to the transfer of real property securing a reverse mortgage loan or the closing of a reverse mortgage loan agreement paid by the borrower and received by any party other than the lender.

 

(f) "Third-party designee" means an individual designated in the reverse mortgage loan agreement by the borrower to receive the communications described in subdivision 6a from a servicer.

 

(g) "Reverse mortgage loan servicer" or "servicer" means a person who performs servicing activities for a reverse mortgage loan.

 

(h) "Servicing activities" means disbursing loan proceeds; monitoring payments due; communicating with and responding to a borrower, a borrower's heirs, and a borrower's family members; determining whether a borrower continues to occupy a property as a principal residence; managing delinquencies and defaults; initiating, assisting, or facilitating a foreclosure; or performing any other service required by the lender or by the terms of the reverse mortgage loan agreement.

 

EFFECTIVE DATE.  This section is effective August 1, 2020, and applies to reverse mortgage loans originated on or after that date.

 

Sec. 2.  Minnesota Statutes 2018, section 47.58, is amended by adding a subdivision to read:

 

Subd. 6a.  Communication with third-party designee.  (a) The reverse mortgage loan servicer must, by first class mail, send copies of unanswered written communications and all subsequent written communications from the servicer to the borrower regarding delinquencies, defaults, and unfulfilled obligations under the loan agreement to a third-party designee at the address listed on the authorization form described in subdivision 8.

 

(b) The servicer may:

 

(1) mail the communications required under paragraph (a) to the third-party designee at the same time the communications are mailed to the borrower; or

 

(2) communicate with the third-party designee regarding the borrower's failure to respond to the communications described in paragraph (a) by e­mail at the e­mail address listed on the authorization form described in subdivision 8.

 

(c) The authorization form described in subdivision 8 shall be considered sufficient authorization for the servicer to communicate with a third-party designee who initiates communication with the servicer via phone.

 

(d) Compliance with this subdivision may be established by recording with the county recorder or registrar of titles, as appropriate, an affidavit by a person having knowledge of the facts stating that the actions required by paragraph (a) have been taken.  The affidavit is prima facie evidence of the facts stated in the affidavit and recordation is prima facie evidence of compliance with this subdivision.

 

(e) A borrower has a cause of action under section 582.043, subdivision 7, if the servicer fails to comply with paragraph (a), provided that the action is taken prior to the expiration of the redemption period specified under section 580.23.  There is a rebuttable presumption that the servicer failed to communicate with a third-party designee absent a recorded affidavit, as described in paragraph (d).

 

EFFECTIVE DATE.  This section is effective August 1, 2020, for reverse mortgage loans originated on or after that date.


Journal of the House - 68th Day - Thursday, February 27, 2020 - Top of Page 6528

Sec. 3.  Minnesota Statutes 2018, section 47.58, is amended by adding a subdivision to read:

 

Subd. 6b.  Communication with independent counseling agency.  (a) If a reverse mortgage loan servicer must take the actions required under subdivision 6a, paragraph (a), the servicer must mail a copy of unanswered written communications and copies of subsequent communications from the servicer regarding delinquencies, defaults, and unfulfilled obligations under a reverse mortgage loan agreement to the independent counseling agency identified in the loan agreement.

 

(b) The servicer may mail the communications described in paragraph (a) to the independent counseling agency at the same time the communications are mailed to the borrower and third-party designee.

 

EFFECTIVE DATE.  This section is effective August 1, 2020, for reverse mortgage loans originated on or after that date.

 

Sec. 4.  Minnesota Statutes 2018, section 47.58, subdivision 8, is amended to read:

 

Subd. 8.  Counseling; requirement; penalty.  Prior to accepting a final and complete application for a reverse mortgage loan or assessing any fees, a lender must:

 

(a) refer the prospective borrower to an independent housing counseling agency for reverse mortgage counseling.  The lender shall provide the prospective borrower with a list of at least three independent housing counseling agencies.  The lender shall positively promote the benefits of reverse mortgage counseling to the potential borrower; and

 

(b) receive a certification from the applicant or the applicant's authorized representative that the applicant has received counseling as defined in this subdivision from an independent housing counseling agency.  The certification must be signed by the applicant and the counselor from the independent agency and must include the date of the counseling, and the name, address, and telephone number of both the counselor from the independent agency and the applicant.  The lender shall maintain the certification in an accurate, reproducible, and accessible format for the term of the reverse mortgage.  A failure by the lender to comply with this subdivision results in a $1,000 civil penalty payable to the borrower.

 

For the purposes of this subdivision:

 

(1) "independent counseling agency" means an agency approved by the United States Department of Housing and Urban Development, domiciled in Minnesota, to provide loan counseling that has no business relationship with the lender and, except for an authorized foreclosure prevention counseling agency, as defined in section 580.021, subdivision 2, neither makes loans nor refers borrowers to any person or entity that makes loans; and

 

(2) "counseling" means that during a session, which must be no less than 60 minutes, the following services are provided to the borrower:

 

(i) a review of the advantages and disadvantages of a reverse mortgage loan;

 

(ii) a discussion of the borrower's finances, assets, liabilities, expenses, and income needs and a review of options other than a reverse mortgage loan that are available to the borrower, including other housing, social services, health, and financial options;

 

(iii) a review of other home equity conversion or other loan options that are or may become available to the borrower;


Journal of the House - 68th Day - Thursday, February 27, 2020 - Top of Page 6529

(iv) an explanation of the financial implication of entering into a reverse mortgage loan, including the costs of the loan;

 

(v) an explanation that a reverse mortgage loan may have tax consequences, affect eligibility for assistance under federal and state programs, and have an impact on the estate and heirs of the borrower;

 

(vi) an explanation of the lending process;

 

(vii) an opportunity for the borrower to ask questions of the counselor;

 

(viii) an explanation that:

 

(A) the lender may not condition a reverse mortgage loan on the purchase of an annuity, investment, life insurance, or long-term care insurance product; and

 

(B) a reverse mortgage loan cannot obligate the borrower to purchase an annuity, investment, life insurance, or long-term care insurance product; and

 

(ix) notification to the borrower that, following the receipt of a written commitment to make a reverse mortgage loan and prior to the expiration of the seven-day cooling off period provided under subdivision 10, the borrower may seek additional information and an analysis of the commitment from the counselor.; and

 

(x) an explanation of the borrower's right, before executing the reverse mortgage loan agreement, to name a third-party designee to receive communications regarding delinquencies, defaults, and unfulfilled obligations under the loan agreement.  If a borrower wants to name a third-party designee, the following blank form must be provided to the borrower in 14-point type:

 

Authorization Form

 

I, (name of borrower), authorize my lender or servicer to send copies of any written communications from the servicer regarding missed payments or other unfulfilled loan obligations that could result in foreclosure, as provided under Minnesota Statutes, section 47.58, subdivisions 6a and 6b, to:

 

1. the individual designated below, and

 

2. the independent counseling agency providing me with the reverse mortgage loan counseling required under Minnesota Statutes, section 47.58, subdivision 8.

 

I further authorize the person designated below to communicate with my lender or servicer.

 

Designee Contact Information:

 

Name:………………………………………………………………………………………………………………..

 

Address:……………………………………………………………………………………………………………..

 

Telephone Number(s):………………………………………………………………………………………………

 

E-mail Address:……………………………………………………………………………………………………...

 

Name of Borrower (print name):……………………………………………………………………………………


Journal of the House - 68th Day - Thursday, February 27, 2020 - Top of Page 6530

Signature of Borrower:………………………………………………………………………………………………

 

Date:…………………………………………………………………………………………………………………

 

EFFECTIVE DATE.  This section is effective August 1, 2020, for all reverse mortgage loans originated on or after that date."

 

 

With the recommendation that when so amended the bill be re-referred to the Judiciary Finance and Civil Law Division.

 

      The report was adopted.

 

 

SECOND READING OF HOUSE BILLS

 

 

      H. F. Nos. 1530 and 3126 were read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

Hansen, Lee, Ecklund, Lislegard and Sandstede introduced:

 

H. F. No. 3872, A bill for an act relating to natural resources; appropriating money to convert ash forests on state lands.

 

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

 

 

Fabian introduced:

 

H. F. No. 3873, A bill for an act relating to taxation; authorizing the city of Warren to impose a local sales and use tax.

 

The bill was read for the first time and referred to the Property and Local Tax Division.

 

 

Vang and Franson introduced:

 

H. F. No. 3874, A bill for an act relating to commerce; prohibiting account suspension or transaction cancellation for certain peer-to-peer online payment service users; proposing coding for new law in Minnesota Statutes, chapter 325E.

 

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


Journal of the House - 68th Day - Thursday, February 27, 2020 - Top of Page 6531

Poston introduced:

 

H. F. No. 3875, A bill for an act relating to taxation; local sales and use; authorizing the city of Wadena to impose a local sales and use tax.

 

The bill was read for the first time and referred to the Property and Local Tax Division.

 

 

Petersburg introduced:

 

H. F. No. 3876, A bill for an act relating to taxation; property and local; tax increment financing; extending the five-year pooling rule to ten years for redevelopment districts located outside the metro area; amending Minnesota Statutes 2018, section 469.1763, subdivision 3.

 

The bill was read for the first time and referred to the Property and Local Tax Division.

 

 

Urdahl introduced:

 

H. F. No. 3877, A bill for an act relating to housing; modifying the maximum grant or loan amount for workforce housing projects; appropriating money; amending Minnesota Statutes 2018, section 462A.39, subdivision 5.

 

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

 

 

Carlson, A., introduced:

 

H. F. No. 3878, A bill for an act relating to taxation; property tax refunds; modifying requirements for certificates of rent paid; amending Minnesota Statutes 2019 Supplement, section 290A.19.

 

The bill was read for the first time and referred to the Judiciary Finance and Civil Law Division.

 

 

Grossell introduced:

 

H. F. No. 3879, A bill for an act relating to taxation; local sales and use; authorizing Lake of the Woods County to impose a local sales and use tax.

 

The bill was read for the first time and referred to the Property and Local Tax Division.

 

 

Pryor introduced:

 

H. F. No. 3880, A bill for an act relating to human services; children; modifying policy provisions governing children and families services; amending Minnesota Statutes 2018, sections 256.87, subdivision 8, by adding a subdivision; 257.70; 518.005, subdivision 5, by adding a subdivision; 518A.53, subdivision 11; 518A.68; 518A.685; proposing coding for new law in Minnesota Statutes, chapter 518A.

 

The bill was read for the first time and referred to the Judiciary Finance and Civil Law Division.


Journal of the House - 68th Day - Thursday, February 27, 2020 - Top of Page 6532

Youakim introduced:

 

H. F. No. 3881, A bill for an act relating to education; requiring paid orientation for paraprofessionals; appropriating money for paraprofessional training; amending Minnesota Statutes 2018, section 125A.08.

 

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

 

 

Marquart and Anderson introduced:

 

H. F. No. 3882, A bill for an act relating to taxation; individual income and corporate franchise; allowing full section 179 expensing for certain like-kind exchange property; amending Minnesota Statutes 2018, sections 290.0131, subdivision 10; 290.0133, subdivision 12.

 

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

 

 

Murphy introduced:

 

H. F. No. 3883, A bill for an act relating to taxation; local sales and use; authorizing the city of Hermantown to impose a local sales and use tax.

 

The bill was read for the first time and referred to the Property and Local Tax Division.

 

 

Wazlawik introduced:

 

H. F. No. 3884, A bill for an act relating to human services; modifying the definition of provider in child care services provisions; modifying child care services grants provisions; amending Minnesota Statutes 2018, sections 119B.21; 119B.26.

 

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

 

 

Gomez, Marquart, Schultz and Carlson, A., introduced:

 

H. F. No. 3885, A bill for an act relating to taxation; modifying provisions related to state government; requiring proposed tax expenditures to expire; establishing a legislative Tax Expenditure Review Commission; providing appointments; requiring the governor's budget to include performance data and recommendations on tax expenditures; modifying the Department of Revenue tax expenditure report requirements; amending Minnesota Statutes 2018, sections 3.192; 3.8853, subdivision 2; 16A.10, subdivision 1b; 16A.11, subdivision 3; 270C.11, subdivisions 2, 4, 6; 270C.13, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 3.

 

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

 

 

Hertaus introduced:

 

H. F. No. 3886, A bill for an act relating to capital investment; appropriating money for construction of a bridge on marked Trunk Highway 64 crossing Eleventh Crow Wing Lake in Akeley Township; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Capital Investment Division.


Journal of the House - 68th Day - Thursday, February 27, 2020 - Top of Page 6533

Edelson and Heinrich introduced:

 

H. F. No. 3887, A bill for an act relating to human services; treatment; modifying provisions regarding releasing records of civilly committed individuals; amending Minnesota Statutes 2018, section 253B.10, subdivision 1.

 

The bill was read for the first time and referred to the Judiciary Finance and Civil Law Division.

 

 

Olson introduced:

 

H. F. No. 3888, A bill for an act relating to education; modifying provisions for paraprofessionals; appropriating money; amending Minnesota Statutes 2018, sections 13.719, by adding a subdivision; 125A.08; 177.27, subdivision 4; 179A.07, subdivision 3; 256J.561, by adding a subdivision; 256J.95, subdivisions 3, 11; 256P.01, subdivision 3; 268.19, subdivision 1; Minnesota Statutes 2019 Supplement, section 181.032; proposing coding for new law as Minnesota Statutes, chapter 268B.

 

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

 

 

Freiberg and Olson introduced:

 

H. F. No. 3889, A bill for an act relating to health; providing health plan coverage for certain acupuncture services; proposing coding for new law in Minnesota Statutes, chapter 62Q.

 

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

 

 

O'Driscoll introduced:

 

H. F. No. 3890, A bill for an act relating to liquor; amending a special license for the city of Sartell; amending Laws 2017, First Special Session chapter 4, article 5, section 17.

 

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

 

 

Dehn; Hornstein; Sauke; Carlson, L.; Gomez; Schultz; Davnie; Hansen; Cantrell and Lee introduced:

 

H. F. No. 3891, A bill for an act relating to commerce; prohibiting the sale of water in plastic containers; proposing coding for new law in Minnesota Statutes, chapter 325E.

 

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

 

 

Morrison, Richardson, Albright, Moran, Pinto, Cantrell, Bahner, Kunesh-Podein, Fischer, Bierman and Halverson introduced:

 

H. F. No. 3892, A bill for an act relating to human services; exempting women from MinnesotaCare cost-sharing and premiums during postpartum period; requiring commissioner of human services to provide recommendations on ensuring continuous health coverage for women transitioning from medical assistance postpartum coverage; amending Minnesota Statutes 2018, sections 256L.03, subdivision 5; 256L.15, subdivision 2.

 

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


Journal of the House - 68th Day - Thursday, February 27, 2020 - Top of Page 6534

Long introduced:

 

H. F. No. 3893, A bill for an act relating to transportation; establishing the electric vehicle infrastructure account; appropriating money; amending Minnesota Statutes 2018, section 168.013, subdivision 1m; proposing coding for new law in Minnesota Statutes, chapter 174.

 

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

 

 

Long and Garofalo introduced:

 

H. F. No. 3894, A bill for an act relating to electric vehicles; establishing a program to provide rebates to purchasers of electric vehicles; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 216C.

 

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

 

 

Schomacker, Hamilton and Torkelson introduced:

 

H. F. No. 3895, A bill for an act relating to capital investment; appropriating money for rail service improvements; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Capital Investment Division.

 

 

Pryor, Cantrell, Albright and Poppe introduced:

 

H. F. No. 3896, A bill for an act relating to taxation; individual income; establishing a refundable tax credit for certain qualified child care professionals; proposing coding for new law in Minnesota Statutes, chapter 290.

 

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

 

 

Koegel, West and Heinrich introduced:

 

H. F. No. 3897, A bill for an act relating to capital investment; appropriating money for pathway improvements in Anoka County; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Capital Investment Division.

 

 

Gomez introduced:

 

H. F. No. 3898, A bill for an act relating to health; changing certain provisions in the medical cannabis program; amending Minnesota Statutes 2019 Supplement, sections 152.22, subdivision 6; 152.27, subdivision 2.

 

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


Journal of the House - 68th Day - Thursday, February 27, 2020 - Top of Page 6535

Grossell introduced:

 

H. F. No. 3899, A bill for an act relating to human services; revising group family day care child-adult capacity ratios and age distribution restrictions; amending Minnesota Statutes 2018, section 245A.03, by adding a subdivision.

 

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

 

 

Gomez introduced:

 

H. F. No. 3900, A bill for an act relating to public safety; requiring the automatic expungement of records relating to certain petty misdemeanor controlled substance violations after a one-year waiting period; amending Minnesota Statutes 2018, section 609A.02, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 609A.

 

The bill was read for the first time and referred to the Public Safety and Criminal Justice Reform Finance and Policy Division.

 

 

Olson, Schultz and Murphy introduced:

 

H. F. No. 3901, A bill for an act relating to capital investment; appropriating money for the St. Louis County Heritage and Arts Center; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Capital Investment Division.

 

 

Pinto, Youakim and Davnie introduced:

 

H. F. No. 3902, A bill for an act relating to education; making certain policy and technical changes for early learning provisions; amending Minnesota Statutes 2018, sections 120A.20, by adding a subdivision; 124D.141, subdivision 2; 124D.165, subdivisions 3, 4; 125A.30; proposing coding for new law in Minnesota Statutes, chapter 121A.

 

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

 

 

Murphy and Nelson, M., introduced:

 

H. F. No. 3903, A bill for an act relating to retirement; Minnesota State Retirement System; repealing provisions permitting partial repayment of refunds; making changes of an administrative nature; amending Minnesota Statutes 2018, sections 352.01, subdivision 26; 352.04, subdivisions 4, 8, by adding a subdivision; 352.113, subdivision 4; 352.95, subdivision 3; 352B.011, subdivisions 6, 10; 352B.10, subdivision 2a; 356.24, subdivision 1, by adding a subdivision; 490.121, subdivision 7c; 490.123, subdivision 5; 490.124, subdivision 1; Minnesota Statutes 2019 Supplement, sections 352.04, subdivision 9; 352.113, subdivision 2; 352.23; repealing Minnesota Statutes 2018, section 356.44.

 

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


Journal of the House - 68th Day - Thursday, February 27, 2020 - Top of Page 6536

Kotyza-Witthuhn and Swedzinski introduced:

 

H. F. No. 3904, A bill for an act relating to commerce; regulating certain conduct relating to the timing of money transmission; amending Minnesota Statutes 2018, section 53B.18.

 

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

 

 

Tabke introduced:

 

H. F. No. 3905, A bill for an act relating to public safety; authorizing correctional supervision officers to respond medically to persons subject to supervision who relapse to substance abuse or have a mental health crisis; amending Minnesota Statutes 2018, section 253B.05, subdivisions 2, 3.

 

The bill was read for the first time and referred to the Corrections Division.

 

 

Persell, Wagenius, Acomb, Cantrell, Ecklund, Hansen, Becker-Finn, Fischer and Lippert introduced:

 

H. F. No. 3906, A bill for an act relating to natural resources; establishing Lorax Act; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 88.

 

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

 

 

Cantrell and Schomacker introduced:

 

H. F. No. 3907, A bill for an act relating to human services; requiring the commissioner of human services to develop a process to identify and report 340B drugs at point of sale.

 

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

 

 

Tabke, West, Her, Sundin, Koegel and Dehn introduced:

 

H. F. No. 3908, A bill for an act relating to higher education; allowing compensation for student athletes for use of athletes' name, image, or likeness; establishing a working group; proposing coding for new law in Minnesota Statutes, chapter 135A.

 

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

 

 

Xiong, J.; Mahoney; Lesch; Her; Pinto and Mariani introduced:

 

H. F. No. 3909, A bill for an act relating to capital investment; appropriating money to replace the eastbound Kellogg Boulevard bridge in St. Paul; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Capital Investment Division.


Journal of the House - 68th Day - Thursday, February 27, 2020 - Top of Page 6537

Morrison, Albright, Pierson, Fischer and Edelson introduced:

 

H. F. No. 3910, A bill for an act relating to human services; establishing a grant program to provide mental health services to youth at risk of transferring to out-of-state facilities; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 245.

 

The bill was read for the first time and referred to the Health and Human Services Finance Division.

 

 

Wolgamott, Tabke and Stephenson introduced:

 

H. F. No. 3911, A bill for an act relating to corrections; prohibiting the flying of unmanned aerial vehicles over state correctional facilities; providing for criminal penalties; proposing coding for new law in Minnesota Statutes, chapter 243.

 

The bill was read for the first time and referred to the Corrections Division.

 

 

Runbeck and Wazlawik introduced:

 

H. F. No. 3912, A bill for an act relating to taxation; sales and use; providing a sales tax exemption for construction of a public works facility; amending Minnesota Statutes 2019 Supplement, section 297A.71, subdivision 52.

 

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

 

 

Urdahl and Gruenhagen introduced:

 

H. F. No. 3913, A bill for an act relating to capital investment; appropriating money for improvements to Otter and Campbell Lakes in Hutchinson; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Capital Investment Division.

 

 

Kiel introduced:

 

H. F. No. 3914, A bill for an act relating to taxation; local sales and use; authorizing the city of East Grand Forks to impose a local sales and use tax.

 

The bill was read for the first time and referred to the Property and Local Tax Division.

 

 

Scott; Urdahl; Erickson; Franson; Demuth; Nelson, N.; Heintzeman; Heinrich and Nash introduced:

 

H. F. No. 3915, A bill for an act relating to education; restricting female sports team participation to the female sex; amending Minnesota Statutes 2018, section 121A.04, by adding a subdivision.

 

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


Journal of the House - 68th Day - Thursday, February 27, 2020 - Top of Page 6538

Klevorn and Hertaus introduced:

 

H. F. No. 3916, A bill for an act relating to transportation; capital investment; appropriating money for a project on Trunk Highway 55; authorizing the sale and issuance of state bonds.

 

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

 

 

Runbeck and Davnie introduced:

 

H. F. No. 3917, A bill for an act relating to marriage; requiring an education course for parents with children before marriage; allowing for a reduced fee for marriage for parents with children; requiring reporting on stepfamily education; amending Minnesota Statutes 2018, section 517.08, subdivisions 1a, 1c, 4, by adding a subdivision.

 

The bill was read for the first time and referred to the Judiciary Finance and Civil Law Division.

 

 

Olson introduced:

 

H. F. No. 3918, A bill for an act relating to human services; appropriating money for tribal and county reimbursement of costs incurred due to administrative error.

 

The bill was read for the first time and referred to the Health and Human Services Finance Division.

 

 

Olson, Hortman, Becker-Finn, Kunesh-Podein, Schultz, Sandstede, Lislegard, Ecklund and Murphy introduced:

 

H. F. No. 3919, A bill for an act relating to human services; appropriating money for tribal and county reimbursement of costs for federal funds incorrectly claimed.

 

The bill was read for the first time and referred to the Health and Human Services Finance Division.

 

 

Olson, Murphy and Schultz introduced:

 

H. F. No. 3920, A bill for an act relating to capital investment; authorizing the sale and issuance of state appropriation bonds; appropriating money for cleanup of the city of Duluth Dump #1 superfund site; proposing coding for new law in Minnesota Statutes, chapter 16A.

 

The bill was read for the first time and referred to the Capital Investment Division.

 

 

Nelson, M., introduced:

 

H. F. No. 3921, A bill for an act relating to retirement; volunteer firefighter relief associations; increasing the maximum lump-sum service pension amount; amending Minnesota Statutes 2018, section 424A.02, subdivision 3; repealing Laws 2018, chapter 211, article 14, section 29.

 

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


Journal of the House - 68th Day - Thursday, February 27, 2020 - Top of Page 6539

Hansen, Becker-Finn, Persell, Fischer and Wagenius introduced:

 

H. F. No. 3922, A bill for an act relating to environment; appropriating money to reduce PFAS in wastewater.

 

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

 

 

Wagenius introduced:

 

H. F. No. 3923, A bill for an act relating to energy; requiring electric utilities to offer rebates for certain air source heat pumps; proposing coding for new law in Minnesota Statutes, chapter 216B.

 

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

 

 

Hornstein, Wagenius and Dehn introduced:

 

H. F. No. 3924, A bill for an act relating to environment; establishing grant program for pilot projects to encourage and increase composting in multifamily buildings; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 115A.

 

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

 

 

Klevorn, Nornes, Baker, Acomb, Bernardy, Bierman, Lillie, Moran, Becker-Finn, Edelson, Wolgamott and Poppe introduced:

 

H. F. No. 3925, A bill for an act relating to higher education; appropriating money for a grant to Avivo.

 

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

 

 

Brand introduced:

 

H. F. No. 3926, A bill for an act relating to agriculture; appropriating money for grain storage facility safety.

 

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

 

 

Brand introduced:

 

H. F. No. 3927, A bill for an act relating to agriculture; appropriating money for a grain storage facility safety curriculum.

 

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


Journal of the House - 68th Day - Thursday, February 27, 2020 - Top of Page 6540

Brand introduced:

 

H. F. No. 3928, A bill for an act relating to health; making changes to certain advisory councils and committees; amending Minnesota Statutes 2018, sections 62J.495, subdivision 2; 144.1481, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 115; 145.

 

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

 

 

Brand introduced:

 

H. F. No. 3929, A bill for an act relating to energy; establishing a grant program for innovative distributed energy projects; appropriating money.

 

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

 

 

Hansen; Hamilton; Xiong, J.; Pierson; Lillie; Gomez; Kunesh-Podein; Ecklund; Freiberg; Xiong, T., and Persell introduced:

 

H. F. No. 3930, A bill for an act relating to capital investment; appropriating money for the shade tree grant program; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Capital Investment Division.

 

 

Long and Baker introduced:

 

H. F. No. 3931, A bill for an act relating to energy; amending operational aspects of community solar gardens; creating a new category of community solar gardens; amending Minnesota Statutes 2018, section 216B.1641.

 

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

 

 

Koznick, Pelowski, West, Poppe, Petersburg, Heintzeman, O'Driscoll, Runbeck and Gruenhagen introduced:

 

H. F. No. 3932, A bill for an act relating to motor vehicles; authorizing third-party testers to conduct behind‑the‑wheel driving exams; authorizing rulemaking; amending Minnesota Statutes 2018, section 171.13, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 171.

 

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

 

 

CALENDAR FOR THE DAY

 

 

      H. F. No. 8 was reported to the House.

 

 

Johnson moved to amend H. F. No. 8, the first engrossment, as follows:

 

Page 2, line 16, after the period, insert "Chiefs of police and sheriffs shall post the forms on their agency's website."


Journal of the House - 68th Day - Thursday, February 27, 2020 - Top of Page 6541

Page 7, line 14, after the period, insert "Chiefs of police and sheriffs shall post the forms on their agency's website."

 

 

Pinto moved to amend the Johnson amendment to H. F. No. 8, the first engrossment, as follows:

 

Page 1, line 3, before the period, insert ", if the agency maintains a website"

 

Page 1, line 5, before the period, insert ", if the agency maintains a website"

 

 

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

 

 

      Heintzeman offered an amendment to the Johnson amendment, as amended, to H. F. No. 8, the first engrossment.

 

 

POINT OF ORDER

 

      Becker-Finn raised a point of order pursuant to rule 3.21(b) that the Heintzeman amendment to the Johnson amendment, as amended, was not in order.  The Speaker ruled the point of order well taken and the Heintzeman amendment to the Johnson amendment, as amended, out of order.

 

 

      Johnson withdrew his amendment, as amended, to H. F. No. 8, the first engrossment.

 

 

Fabian moved to amend H. F. No. 8, the first engrossment, as follows:

 

Page 10, line 1, after the period, insert "The superintendent shall make the form available on the agency's website."

 

 

      Scott offered an amendment to the Fabian amendment to H. F. No. 8, the first engrossment.

 

 

POINT OF ORDER

 

      Carlson, L., raised a point of order pursuant to rule 4.05, relating to Amendment Limits, that the Scott amendment to the Fabian amendment was not in order.  The Speaker ruled the point of order well taken and the Scott amendment to the Fabian amendment out of order.

 

 

      Fabian withdrew his amendment to H. F. No. 8, the first engrossment.

 

 

Johnson moved to amend H. F. No. 8, the first engrossment, as follows:

 

Page 10, line 18, delete "20 years" and insert "seven years"


Journal of the House - 68th Day - Thursday, February 27, 2020 - Top of Page 6542

           Bennett offered an amendment to the Johnson amendment to H. F. No. 8, the first engrossment.

 

 

POINT OF ORDER

 

      Long raised a point of order pursuant to rule 3.21(b) that the Bennett amendment to the Johnson amendment was not in order.  The Speaker ruled the point of order well taken and the Bennett amendment to the Johnson amendment out of order.

 

 

      O'Neill offered an amendment to the Johnson amendment to H. F. No. 8, the first engrossment.

 

 

POINT OF ORDER

 

      Becker-Finn raised a point of order pursuant to rule 3.21(b) that the O'Neill amendment to the Johnson amendment was not in order.  The Speaker ruled the point of order well taken and the O'Neill amendment to the Johnson amendment out of order.

 

 

      Albright offered an amendment to the Johnson amendment to H. F. No. 8, the first engrossment.

 

 

POINT OF ORDER

 

      Long raised a point of order pursuant to rule 3.21(b) that the Albright amendment to the Johnson amendment was not in order.  The Speaker ruled the point of order well taken and the Albright amendment to the Johnson amendment out of order.

 

 

      Johnson withdrew his amendment to H. F. No. 8, the first engrossment.

 

 

      H. F. No. 8, A bill for an act relating to public safety; requiring criminal background checks for firearms transfers; modifying grounds for disqualification of transferee permit; amending Minnesota Statutes 2018, sections 624.7131; 624.7132; proposing coding for new law in Minnesota Statutes, chapter 624.

 

 

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

 

      The question was taken on the passage of the bill and the roll was called.  There were 69 yeas and 62 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Bahner

Becker-Finn

Bernardy

Bierman

Brand

Cantrell

Carlson, A.

Carlson, L.

Christensen

Claflin

Considine

Davnie

Dehn

Edelson

Elkins

Fischer

Freiberg

Gomez

Halverson

Hansen

Hassan

Hausman

Her

Hornstein

Howard

Huot

Jordan

Klevorn

Koegel

Kotyza-Witthuhn

Kunesh-Podein

Lee

Lesch

Liebling

Lien

Lillie

Lippert

Long

Mahoney

Mariani

Masin


Journal of the House - 68th Day - Thursday, February 27, 2020 - Top of Page 6543

Moller

Moran

Morrison

Murphy

Nelson, M.

Noor

Olson

Pelowski

Persell

Pinto

Poppe

Pryor

Richardson

Sandell

Sauke

Schultz

Stephenson

Tabke

Vang

Wagenius

Wazlawik

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

      Those who voted in the negative were:

 


Albright

Anderson

Backer

Bahr

Baker

Bennett

Boe

Daniels

Daudt

Demuth

Dettmer

Drazkowski

Ecklund

Erickson

Fabian

Franson

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Hamilton

Heinrich

Heintzeman

Hertaus

Johnson

Jurgens

Kiel

Koznick

Kresha

Layman

Lislegard

Lucero

Lueck

Marquart

Mekeland

Miller

Munson

Nash

Nelson, N.

Neu

Nornes

Novotny

O'Driscoll

O'Neill

Petersburg

Pierson

Poston

Quam

Robbins

Runbeck

Sandstede

Schomacker

Scott

Sundin

Swedzinski

Theis

Torkelson

Urdahl

Vogel

West


 

 

      The bill was passed and its title agreed to.

 

 

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

 

 

      H. F. No. 9 was reported to the House.

 

 

Nash moved to amend H. F. No. 9, the first engrossment, as follows:

 

Page 11, after line 21, insert:

 

"(e) A law enforcement agency must take due care of firearms received under this section to ensure the firearms are not damaged."

 

 

Nash moved to amend the Nash amendment to H. F. No. 9, the first engrossment, as follows:

 

Page 1, after line 4, insert:

 

"Page 12, delete lines 18 to 22 and insert:

 

"Subd. 2.  Liability for damaged firearms.  A law enforcement agency shall be civilly liable for any damage or deterioration of firearms, ammunition, or weapons stored or transported pursuant to section 624.7165.""

 

 

      A roll call was requested and properly seconded.


Journal of the House - 68th Day - Thursday, February 27, 2020 - Top of Page 6544

           The question was taken on the Nash amendment to the Nash amendment and the roll was called.  There were 58 yeas and 72 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson

Bahr

Baker

Bennett

Boe

Daniels

Daudt

Demuth

Dettmer

Drazkowski

Erickson

Fabian

Franson

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Hamilton

Heinrich

Heintzeman

Hertaus

Johnson

Jurgens

Kiel

Koznick

Kresha

Layman

Lien

Lucero

Lueck

Marquart

Mekeland

Miller

Munson

Nash

Nelson, N.

Neu

Nornes

Novotny

O'Driscoll

O'Neill

Petersburg

Pierson

Poston

Quam

Robbins

Runbeck

Schomacker

Scott

Swedzinski

Theis

Torkelson

Urdahl

Vogel

West


 

      Those who voted in the negative were:

 


Acomb

Bahner

Becker-Finn

Bernardy

Bierman

Brand

Cantrell

Carlson, A.

Carlson, L.

Christensen

Claflin

Considine

Davnie

Dehn

Ecklund

Edelson

Elkins

Fischer

Freiberg

Gomez

Halverson

Hansen

Hassan

Hausman

Her

Hornstein

Howard

Huot

Jordan

Klevorn

Koegel

Kotyza-Witthuhn

Kunesh-Podein

Lee

Lesch

Liebling

Lillie

Lippert

Lislegard

Long

Mahoney

Mariani

Masin

Moller

Moran

Morrison

Murphy

Nelson, M.

Noor

Olson

Pelowski

Persell

Pinto

Poppe

Pryor

Richardson

Sandell

Sandstede

Sauke

Schultz

Stephenson

Sundin

Tabke

Vang

Wagenius

Wazlawik

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

 

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

 

 

      O'Neill offered an amendment to the Nash amendment to H. F. No. 9, the first engrossment.

 

 

POINT OF ORDER

 

      Becker-Finn raised a point of order pursuant to rule 3.21(b) that the O'Neill amendment to the Nash amendment was not in order.  The Speaker ruled the point of order well taken and the O'Neill amendment to the Nash amendment out of order.

 

 

      O'Neill appealed the decision of the Speaker.

 

 

      A roll call was requested and properly seconded.


Journal of the House - 68th Day - Thursday, February 27, 2020 - Top of Page 6545

           The vote was taken on the question "Shall the decision of the Speaker stand as the judgment of the House?" and the roll was called.  There were 73 yeas and 57 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Bahner

Becker-Finn

Bernardy

Bierman

Brand

Cantrell

Carlson, A.

Carlson, L.

Christensen

Claflin

Considine

Davnie

Dehn

Ecklund

Edelson

Elkins

Fischer

Freiberg

Gomez

Halverson

Hansen

Hassan

Hausman

Her

Hornstein

Howard

Huot

Jordan

Klevorn

Koegel

Kotyza-Witthuhn

Kunesh-Podein

Lee

Lesch

Liebling

Lien

Lillie

Lippert

Lislegard

Long

Mahoney

Mariani

Masin

Moller

Moran

Morrison

Murphy

Nelson, M.

Noor

Olson

Pelowski

Persell

Pinto

Poppe

Pryor

Richardson

Sandell

Sandstede

Sauke

Schultz

Stephenson

Sundin

Tabke

Vang

Wagenius

Wazlawik

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

      Those who voted in the negative were:

 


Albright

Anderson

Bahr

Baker

Bennett

Boe

Daniels

Daudt

Demuth

Dettmer

Drazkowski

Erickson

Fabian

Franson

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Hamilton

Heinrich

Heintzeman

Hertaus

Johnson

Jurgens

Kiel

Koznick

Kresha

Layman

Lucero

Lueck

Marquart

Mekeland

Miller

Munson

Nash

Nelson, N.

Neu

Nornes

Novotny

O'Driscoll

O'Neill

Petersburg

Pierson

Poston

Quam

Robbins

Runbeck

Schomacker

Scott

Swedzinski

Theis

Torkelson

Urdahl

Vogel

West


 

 

      So it was the judgment of the House that the decision of the Speaker should stand.

 

 

      Nash withdrew his amendment to H. F. No. 9, the first engrossment.

 

 

      Lucero offered an amendment to H. F. No. 9, the first engrossment.

 

 

POINT OF ORDER

 

      Carlson, L., raised a point of order pursuant to rule 4.05, relating to Amendment Limits, that the Lucero amendment was not in order.  The Speaker ruled the point of order well taken and the Lucero amendment out of order.

 

 

      Lucero appealed the decision of the Speaker.

 

 

      A roll call was requested and properly seconded.


Journal of the House - 68th Day - Thursday, February 27, 2020 - Top of Page 6546

           The vote was taken on the question "Shall the decision of the Speaker stand as the judgment of the House?" and the roll was called.  There were 74 yeas and 56 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Bahner

Becker-Finn

Bernardy

Bierman

Brand

Cantrell

Carlson, A.

Carlson, L.

Christensen

Claflin

Considine

Davnie

Dehn

Ecklund

Edelson

Elkins

Fischer

Freiberg

Gomez

Halverson

Hansen

Hassan

Hausman

Her

Hornstein

Howard

Huot

Jordan

Klevorn

Koegel

Kotyza-Witthuhn

Kunesh-Podein

Lee

Lesch

Liebling

Lien

Lillie

Lippert

Lislegard

Long

Mahoney

Mariani

Marquart

Masin

Moller

Moran

Morrison

Murphy

Nelson, M.

Noor

Olson

Pelowski

Persell

Pinto

Poppe

Pryor

Richardson

Sandell

Sandstede

Sauke

Schultz

Stephenson

Sundin

Tabke

Vang

Wagenius

Wazlawik

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

      Those who voted in the negative were:

 


Albright

Anderson

Bahr

Baker

Bennett

Boe

Daniels

Daudt

Demuth

Dettmer

Drazkowski

Erickson

Fabian

Franson

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Hamilton

Heinrich

Heintzeman

Hertaus

Johnson

Jurgens

Kiel

Koznick

Kresha

Layman

Lucero

Lueck

Mekeland

Miller

Munson

Nash

Nelson, N.

Neu

Nornes

Novotny

O'Driscoll

O'Neill

Petersburg

Pierson

Poston

Quam

Robbins

Runbeck

Schomacker

Scott

Swedzinski

Theis

Torkelson

Urdahl

Vogel

West


 

 

      So it was the judgment of the House that the decision of the Speaker should stand.

 

 

      H. F. No. 9, A bill for an act relating to public safety; enabling law enforcement and family members to petition a court to prohibit people from possessing firearms if they pose a significant danger to themselves or others by possessing a firearm; appropriating money; amending Minnesota Statutes 2019 Supplement, section 624.713, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 624; 626.

 

 

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

 

      The question was taken on the passage of the bill and the roll was called.  There were 68 yeas and 62 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Bahner

Becker-Finn

Bernardy

Bierman

Brand

Cantrell

Carlson, A.

Carlson, L.

Christensen

Claflin

Considine

Davnie

Dehn

Edelson

Elkins

Fischer

Freiberg

Gomez

Halverson

Hansen

Hassan

Hausman

Her

Hornstein

Howard

Huot

Jordan

Klevorn

Koegel

Kotyza-Witthuhn

Kunesh-Podein

Lee

Lesch

Liebling

Lillie

Lippert

Long

Mahoney

Mariani

Masin

Moller


Journal of the House - 68th Day - Thursday, February 27, 2020 - Top of Page 6547

Moran

Morrison

Murphy

Nelson, M.

Noor

Olson

Pelowski

Persell

Pinto

Poppe

Pryor

Richardson

Sandell

Sauke

Schultz

Stephenson

Tabke

Vang

Wagenius

Wazlawik

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

      Those who voted in the negative were:

 


Albright

Anderson

Bahr

Baker

Bennett

Boe

Daniels

Daudt

Demuth

Dettmer

Drazkowski

Ecklund

Erickson

Fabian

Franson

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Hamilton

Heinrich

Heintzeman

Hertaus

Johnson

Jurgens

Kiel

Koznick

Kresha

Layman

Lien

Lislegard

Lucero

Lueck

Marquart

Mekeland

Miller

Munson

Nash

Nelson, N.

Neu

Nornes

Novotny

O'Driscoll

O'Neill

Petersburg

Pierson

Poston

Quam

Robbins

Runbeck

Sandstede

Schomacker

Scott

Sundin

Swedzinski

Theis

Torkelson

Urdahl

Vogel

West


 

 

      The bill was passed and its title agreed to.

 

 

MOTIONS AND RESOLUTIONS

 

 

      Dettmer moved that the name of Boe be added as an author on H. F. No. 492.  The motion prevailed.

 

      Ecklund moved that the name of Cantrell be added as an author on H. F. No. 998.  The motion prevailed.

 

      Freiberg moved that the names of Edelson, Poston and Cantrell be added as authors on H. F. No. 1152.  The motion prevailed.

 

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

 

      Koegel moved that the names of Her, Nornes and Baker be added as authors on H. F. No. 1394.  The motion prevailed.

 

      Baker moved that the names of Davnie and Carlson, L., be added as authors on H. F. No. 1422.  The motion prevailed.

 

      Drazkowski moved that the name of McDonald be added as an author on H. F. No. 1525.  The motion prevailed.

 

      Theis moved that her name be stricken and the name of Robbins be added as chief author on H. F. No. 1646.  The motion prevailed.

 

      Huot moved that the name of Gunther be added as an author on H. F. No. 1741.  The motion prevailed.

 

      Youakim moved that the name of Winkler be added as an author on H. F. No. 1782.  The motion prevailed.

 

      Nornes moved that the name of Layman be added as an author on H. F. No. 2096.  The motion prevailed.


Journal of the House - 68th Day - Thursday, February 27, 2020 - Top of Page 6548

           Davnie moved that the name of Morrison be added as an author on H. F. No. 2212.  The motion prevailed.

 

      Wolgamott moved that the name of Tabke be added as an author on H. F. No. 2490.  The motion prevailed.

 

      Masin moved that the name of Her be added as an author on H. F. No. 2703.  The motion prevailed.

 

      Morrison moved that the name of Swedzinski be added as an author on H. F. No. 2920.  The motion prevailed.

 

      Bernardy moved that the name of Kunesh-Podein be added as an author on H. F. No. 2922.  The motion prevailed.

 

      Green moved that the name of Grossell be added as an author on H. F. No. 2995.  The motion prevailed.

 

      Halverson moved that the name of Huot be added as an author on H. F. No. 3032.  The motion prevailed.

 

      Dehn moved that the name of Brand be added as an author on H. F. No. 3068.  The motion prevailed.

 

      Moran moved that the name of Huot be added as an author on H. F. No. 3072.  The motion prevailed.

 

      Richardson moved that the name of Brand be added as an author on H. F. No. 3078.  The motion prevailed.

 

      Wolgamott moved that the name of Lillie be added as an author on H. F. No. 3087.  The motion prevailed.

 

      Tabke moved that the name of Bahner be added as an author on H. F. No. 3088.  The motion prevailed.

 

      Koegel moved that the name of Lillie be added as an author on H. F. No. 3089.  The motion prevailed.

 

      Quam moved that the name of Cantrell be shown as chief author on H. F. No. 3122.  The motion prevailed.

 

      Howard moved that the name of Bernardy be added as an author on H. F. No. 3144.  The motion prevailed.

 

      Noor moved that the name of Pierson be added as an author on H. F. No. 3174.  The motion prevailed.

 

      Becker-Finn moved that the name of Lillie be added as an author on H. F. No. 3221.  The motion prevailed.

 

      Brand moved that the name of Lillie be added as an author on H. F. No. 3225.  The motion prevailed.

 

      Morrison moved that the name of Lillie be added as an author on H. F. No. 3228.  The motion prevailed.

 

      Richardson moved that the name of Bernardy be added as an author on H. F. No. 3251.  The motion prevailed.

 

      Persell moved that the name of Lillie be added as an author on H. F. No. 3268.  The motion prevailed.

 

      Claflin moved that the name of Xiong, J., be added as an author on H. F. No. 3325.  The motion prevailed.

 

      Hausman moved that the names of Huot and Schultz be added as authors on H. F. No. 3326.  The motion prevailed.

 

      Wazlawik moved that the name of Lillie be added as an author on H. F. No. 3334.  The motion prevailed.


Journal of the House - 68th Day - Thursday, February 27, 2020 - Top of Page 6549

           Hassan moved that the names of Lillie and Layman be added as authors on H. F. No. 3358.  The motion prevailed.

 

      Koegel moved that the name of Lillie be added as an author on H. F. No. 3371.  The motion prevailed.

 

      Theis moved that the name of Haley be added as an author on H. F. No. 3379.  The motion prevailed.

 

      Morrison moved that the name of Bahner be added as an author on H. F. No. 3398.  The motion prevailed.

 

      Tabke moved that the name of Becker-Finn be added as an author on H. F. No. 3431.  The motion prevailed.

 

      Grossell moved that the name of Green be added as an author on H. F. No. 3437.  The motion prevailed.

 

      Edelson moved that the name of Lillie be added as an author on H. F. No. 3485.  The motion prevailed.

 

      Moran moved that the name of Jordan be added as chief author on H. F. No. 3486.  The motion prevailed.

 

      Mann moved that the names of Fischer, Cantrell, Edelson, Considine, Elkins, Tabke, Freiberg, Stephenson, Long, Bierman, Becker-Finn, Winkler, Gomez, Kunesh-Podein, Wagenius and Hausman be added as authors on H. F. No. 3506.  The motion prevailed.

 

      Hansen moved that the name of Lillie be added as an author on H. F. No. 3513.  The motion prevailed.

 

      Becker-Finn moved that the name of Her be added as an author on H. F. No. 3535.  The motion prevailed.

 

      Considine moved that the name of Lillie be added as an author on H. F. No. 3568.  The motion prevailed.

 

      Pinto moved that the name of Becker-Finn be added as an author on H. F. No. 3575.  The motion prevailed.

 

      Xiong, J., moved that the name of Lillie be added as an author on H. F. No. 3598.  The motion prevailed.

 

      Noor moved that the name of Lillie be added as an author on H. F. No. 3600.  The motion prevailed.

 

      Xiong, J., moved that the name of Moran be added as an author on H. F. No. 3629.  The motion prevailed.

 

      Fischer moved that the name of Lillie be added as an author on H. F. No. 3638.  The motion prevailed.

 

      Moran moved that the name of Jurgens be added as an author on H. F. No. 3658.  The motion prevailed.

 

      Becker-Finn moved that the name of Lillie be added as an author on H. F. No. 3667.  The motion prevailed.

 

      Mann moved that the name of Masin be added as an author on H. F. No. 3693.  The motion prevailed.

 

      Elkins moved that the name of Long be added as an author on H. F. No. 3717.  The motion prevailed.

 

      Lesch moved that the name of Lillie be added as an author on H. F. No. 3731.  The motion prevailed.

 

      Cantrell moved that the names of Edelson and Freiberg be added as authors on H. F. No. 3733.  The motion prevailed.

 

      Lippert moved that the name of Tabke be added as an author on H. F. No. 3739.  The motion prevailed.


Journal of the House - 68th Day - Thursday, February 27, 2020 - Top of Page 6550

           Brand moved that the name of Tabke be added as an author on H. F. No. 3767.  The motion prevailed.

 

      Koegel moved that the name of Poston be added as an author on H. F. No. 3770.  The motion prevailed.

 

      Fabian moved that the name of Kiel be added as an author on H. F. No. 3783.  The motion prevailed.

 

      Swedzinski moved that the names of Heinrich and Heintzeman be added as authors on H. F. No. 3790.  The motion prevailed.

 

      Hornstein moved that the name of Kunesh-Podein be added as an author on H. F. No. 3795.  The motion prevailed.

 

      Hornstein moved that the name of Kunesh-Podein be added as an author on H. F. No. 3796.  The motion prevailed.

 

      Long moved that the name of Poston be added as an author on H. F. No. 3816.  The motion prevailed.

 

      Lislegard moved that the name of Lueck be added as an author on H. F. No. 3819.  The motion prevailed.

 

      Ecklund moved that the names of Heintzeman and Lueck be added as authors on H. F. No. 3826.  The motion prevailed.

 

      Hansen moved that the name of Hornstein be added as an author on H. F. No. 3839.  The motion prevailed.

 

      Howard moved that the names of Schultz and Becker-Finn be added as authors on H. F. No. 3850.  The motion prevailed.

 

      Howard moved that the name of Becker-Finn be added as an author on H. F. No. 3851.  The motion prevailed.

 

      Moran moved that H. F. No. 3486 be recalled from the Health and Human Services Finance Division and be re‑referred to the Committee on Health and Human Services Policy.  The motion prevailed.

 

 

ADJOURNMENT

 

      Winkler moved that when the House adjourns today it adjourn until 3:30 p.m., Monday, March 2, 2020.  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., Monday, March 2, 2020.

 

 

Patrick D. Murphy, Chief Clerk, House of Representatives