Journal of the House - 73rd Day - Wednesday, March 11, 2020 - Top of Page 6919

STATE OF MINNESOTA

 

Journal of the House

 

NINETY-FIRST SESSION - 2020

 

_____________________

 

SEVENTY-THIRD DAY

 

Saint Paul, Minnesota, Wednesday, March 11, 2020

 

 

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

 

      Prayer was offered by Major Nancy Mead, The Salvation Army Northern Divisional Headquarters, St. Paul, Minnesota.

 

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

 

      The roll was called and the following members were present:

 


Acomb

Albright

Anderson

Backer

Bahner

Bahr

Baker

Becker-Finn

Bennett

Bernardy

Bierman

Boe

Brand

Cantrell

Carlson, A.

Carlson, L.

Christensen

Claflin

Considine

Daniels

Daudt

Davids

Davnie

Dehn

Demuth

Dettmer

Drazkowski

Ecklund

Edelson

Elkins

Erickson

Fabian

Fischer

Franson

Freiberg

Garofalo

Gomez

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hassan

Hausman

Heintzeman

Her

Hertaus

Hornstein

Howard

Huot

Johnson

Jordan

Jurgens

Kiel

Klevorn

Koegel

Kotyza-Witthuhn

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Lien

Lillie

Lippert

Lislegard

Long

Lucero

Lueck

Mahoney

Mann

Mariani

Marquart

Masin

Mekeland

Miller

Moller

Moran

Morrison

Munson

Murphy

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

Schultz

Scott

Stephenson

Sundin

Swedzinski

Tabke

Theis

Torkelson

Urdahl

Vang

Vogel

Wagenius

Wazlawik

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

      A quorum was present.

 

      Heinrich, Liebling, McDonald, Nash, Schomacker and West 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.


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PETITIONS AND COMMUNICATIONS

 

 

      The following communication was received:

 

 

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

 

The Honorable Melissa Hortman

Speaker of the House of Representatives

 

The Honorable Jeremy R. Miller

President of the Senate

 

      I have the honor to inform you that the following enrolled Act of the 2020 Session of the State Legislature has been received from the Office of the Governor and is deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

 

 

S. F.

No.

 

H. F.

No.

 

Session Laws

Chapter No.

Time and

Date Approved

2020

 

Date Filed

2020

 

      3813                                                 66                                       11:56p.m.  March 10                            March 10

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Steve Simon

                                                                                                                                Secretary of State

 

 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

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

 

H. F. No. 1, A bill for an act relating to early childhood; creating additional funding and opportunities for children ages birth to three; governing certain programs and funding for prenatal care services, home visiting, early childhood education, and child care assistance; appropriating money; amending Minnesota Statutes 2018, sections 119B.13, subdivision 1; 124D.151, subdivision 6; 126C.05, subdivision 1; 145.928, subdivisions 1, 7; Laws 2017, First Special Session chapter 5, article 8, section 8; proposing coding for new law in Minnesota Statutes, chapters 16A; 145.

 

Reported the same back with the following amendments:


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Delete everything after the enacting clause and insert:

 

"ARTICLE 1

HOME VISITING

 

Section 1.  [145.87] HOME VISITING FOR PREGNANT WOMEN AND FAMILIES WITH YOUNG CHILDREN.

 

Subdivision 1.  Definitions.  (a) The terms defined in this subdivision apply to this section and have the meanings given them.

 

(b) "Evidence-based home visiting program" means a program that:

 

(1) is based on a clear, consistent program or model that is research-based and grounded in relevant, empirically based knowledge;

 

(2) is linked to program-determined outcomes and is associated with a national organization, institution of higher education, or national or state public health institute;

 

(3) has comprehensive home visitation standards that ensure high-quality service delivery and continuous quality improvement;

 

(4) has demonstrated significant, sustained positive outcomes; and

 

(5) either:

 

(i) has been evaluated using rigorous, randomized controlled research designs with the evaluations published in a peer-reviewed journal; or

 

(ii) is based on quasi-experimental research using two or more separate, comparable client samples.

 

(c) "Evidence-informed home visiting program" means a program that:

 

(1) has data or evidence demonstrating the program's effectiveness at achieving positive outcomes for pregnant women and young children; and

 

(2) either:

 

(i) has an active evaluation of the program; or

 

(ii) has a plan and timeline for an active evaluation of the program to be conducted.

 

(d) "Health equity" means every individual has a fair opportunity to attain the individual's full health potential and no individual is prevented from achieving this potential.

 

Subd. 2.  Grants for home visiting programs.  The commissioner shall award grants to community health boards, nonprofit organizations, and tribal nations to start up or expand voluntary home visiting programs serving pregnant women and families with young children.  Home visiting programs supported under this section shall provide voluntary home visits by early childhood professionals or health professionals, including nurses, social workers, early childhood educators, or trained paraprofessionals.  Grant funds shall be used to:


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(1) start up or expand evidence-based home visiting programs that address health equity or evidence-informed home visiting programs that address health equity; and

 

(2) serve families with young children or pregnant women who are high risk or have high needs.  For purposes of this clause, high risk includes but is not limited to a family with low income or a parent or pregnant woman with mental illness or a substance use disorder or experiencing domestic abuse.

 

Subd. 3.  Grant prioritization.  (a) In awarding grants, the commissioner shall give priority to community health boards, nonprofit organizations, and tribal nations seeking to expand home visiting services with community or regional partnerships.

 

(b) The commissioner shall allocate at least 75 percent of the grant funds awarded each grant cycle to evidence‑based home visiting programs that address health equity and up to 25 percent of the grant funds awarded each grant cycle to evidence-informed home visiting programs that address health equity.

 

Subd. 4.  No supplanting of existing funds.  Funding awarded under this section shall only be used to supplement, and not to replace, funds being used for evidence-based home visiting programs or evidence-informed home visiting programs.

 

Subd. 5.  Administrative costs.  The commissioner may use up to ten percent of the annual appropriation under this section to provide training and technical assistance and to administer and evaluate the program.  The commissioner may contract for training, capacity-building support for grantees or potential grantees, technical assistance, and evaluation support.

 

Subd. 6.  Use of state general fund appropriations.  Appropriations dedicated to starting up or expanding evidence-based home visiting programs shall, for grants awarded on or after July 1, 2020, be awarded according to this section.  This section shall not govern grant awards of federal funds for home visiting programs and shall not govern grant awards using state general fund appropriations dedicated to starting up or expanding nurse-family partnership home visiting programs.

 

Sec. 2.  APPROPRIATION; HOME VISITING GRANTS.

 

$30,000,000 in fiscal year 2021 is appropriated from the general fund to the commissioner of health for grants for home visiting programs under Minnesota Statutes, section 145.87.  This appropriation is available until June 30, 2022.  This is a onetime appropriation.

 

ARTICLE 2

EARLY LEARNING AND CARE

 

Section 1.  Minnesota Statutes 2018, section 124D.142, is amended to read:

 

124D.142 QUALITY RATING AND IMPROVEMENT SYSTEM.

 

Subdivision 1.  System established.  (a) There is established a quality rating and improvement system (QRIS) framework, known as Parent Aware, to ensure that Minnesota's children have access to high-quality early learning and care programs in a range of settings so that they are fully ready for kindergarten by 2020.  Creation of a.

 

Subd. 2.  System components.  The standards-based voluntary quality rating and improvement system includes:

 

(1) quality opportunities in order to improve the educational outcomes of children so that they are ready for school.  The;


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(2) a framework shall be based on the Minnesota quality rating system rating tool and a common set of child outcome and program standards and informed by evaluation results;

 

(2) (3) a tool to increase the number of publicly funded and regulated early learning and care services in both public and private market programs that are high quality.;

 

(4) voluntary participation so that if a program or provider chooses to participate, the program or provider will be rated and may receive public funding associated with the rating.  The state shall develop a plan to link future early learning and care state funding to the framework in a manner that complies with federal requirements; and

 

(3) (5) tracking progress toward statewide access to high-quality early learning and care programs, progress toward the number of low-income children whose parents can access quality programs, and progress toward increasing the number of children who are fully prepared to enter kindergarten.

 

(b) In planning a statewide quality rating and improvement system framework in paragraph (a), the state shall use evaluation results of the Minnesota quality rating system rating tool in use in fiscal year 2008 to recommend:

 

(1) a framework of a common set of child outcome and program standards for a voluntary statewide quality rating and improvement system;

 

(2) a plan to link future funding to the framework described in paragraph (a), clause (2); and

 

(3) a plan for how the state will realign existing state and federal administrative resources to implement the voluntary quality rating and improvement system framework.  The state shall provide the recommendation in this paragraph to the early childhood education finance committees of the legislature by March 15, 2011.

 

(c) Prior to the creation of a statewide quality rating and improvement system in paragraph (a), the state shall employ the Minnesota quality rating system rating tool in use in fiscal year 2008 in the original Minnesota Early Learning Foundation pilot areas and additional pilot areas supported by private or public funds with its modification as a result of the evaluation results of the pilot project.

 

Subd. 3.  Evaluation.  (a) By February 1, 2021, the commissioner of human services must arrange an independent evaluation of the quality rating and improvement system's effectiveness and impact on:

 

(1) children's progress toward school readiness;

 

(2) quality of the early care and education system supply and workforce; and

 

(3) parents' ability to access and use meaningful information about early care and education program quality.

 

(b) The evaluation must be performed by a staff member from another agency or consultant.  An evaluator must have experience in program evaluation and must not be regularly involved in implementation of the quality rating and improvement system.

 

(c) The evaluation findings, along with the commissioner's recommendations for revisions, potential future evaluations, and plans for continuous improvement, must be reported to the chairs and ranking members of the legislative committees with jurisdiction over early learning and child care by December 31, 2023.

 

(d) At a minimum, the evaluation must:

 

(1) analyze effectiveness of the quality rating and improvement system, including but not limited to review of:


Journal of the House - 73rd Day - Wednesday, March 11, 2020 - Top of Page 6924

(i) whether quality indicators and measures used in the quality rating and improvement system are consistent with evidence and research findings on early care and education program quality; and

 

(ii) patterns or differences in observed quality of participating early care and education programs in comparison to programs at other quality rating and improvement system star rating levels and accounting for other factors;

 

(2) perform evidence-based assessments of children's developmental gains in ways that are appropriate for children's linguistic and cultural backgrounds and are aligned to the state early childhood indicators of progress;

 

(3) analyze the extent to which differences in developmental gains among children correspond to the star ratings of the early care and education programs, providing disaggregated findings by:

 

(i) children's demographic factors, including geographic area, family income level, and racial and ethnic groups;

 

(ii) type of provider, including family child care provider, child care center, Head Start, and school-based early childhood provider; and

 

(iii) any other categories identified by the commissioner, in consultation with the commissioners of health and education or entity performing the evaluation;

 

(4) analyze accessibility for providers to participate in the quality rating and improvement system, including ease of application and supports for a provider to receive or improve a rating, and provide disaggregated findings by geographic area and type of provider, including family child care provider, child care center, Head Start, and school‑based early childhood provider; and

 

(5) analyze the availability of providers participating in the quality rating and improvement system to families, and provide disaggregated findings by geographic area and type of provider, including family child care provider, child care center, Head Start and Early Head Start, and school-based early childhood provider.

 

Sec. 2.  Minnesota Statutes 2019 Supplement, section 124D.151, subdivision 6, is amended to read:

 

Subd. 6.  Participation limits.  (a) Notwithstanding section 126C.05, subdivision 1, paragraph (d), the pupil units for a voluntary prekindergarten program for an eligible school district or charter school must not exceed 60 percent of the kindergarten pupil units for that school district or charter school under section 126C.05, subdivision 1, paragraph (e).

 

(b) In reviewing applications under subdivision 5, the commissioner must limit the total number of participants in the voluntary prekindergarten and school readiness plus programs under Laws 2017, First Special Session chapter 5, article 8, section 9, to not more than 7,160 participants for per fiscal years 2019, 2020, and 2021, and 3,160 participants for fiscal years 2022 and later year.

 

Sec. 3.  Minnesota Statutes 2018, section 124D.162, is amended to read:

 

124D.162 KINDERGARTEN READINESS ASSESSMENT.

 

Subdivision 1.  Implementation.  (a) The commissioner of education may must implement a kindergarten readiness assessment representative of incoming kindergartners. to:

 

(1) identify preparedness of a child for success in school;

 

(2) inform instructional decision-making;


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(3) improve understanding of connections between kindergarten readiness and later academic achievement; and

 

(4) produce data that can assist in evaluation of the effectiveness of early childhood programs.

 

(b) The commissioner must provide districts and charter schools with a process for measuring the kindergarten readiness of incoming kindergartners on a comparable basis.  The commissioner must approve one or more measurement tools for district and charter school use.

 

Subd. 2.  Assessment development.  The measurement tools used for assessment must be based on the Department of Education Kindergarten Readiness Assessment at kindergarten entrance study research based, developmentally appropriate, valid and reliable, and aligned to the state early childhood indicators of progress and kindergarten academic standards.

 

Subd. 3.  Reporting.  Beginning in the 2021-2022 school year, every district and charter school must use the commissioner-provided process.  Every district and charter school must annually report kindergarten readiness results under this section to the department in the form and manner determined by the commissioner concurrent with the district's and charter school's world's best workforce report under section 120B.11.  The commissioner must publicly report kindergarten readiness results as part of the performance reports required under section 120B.36 and consistent with section 120B.35, subdivision 3, paragraph (a), clause (2).

 

Subd. 4.  Longitudinal data system.  Beginning with data reported on incoming kindergartners in the 2021‑2022 school year, the commissioner must integrate kindergarten readiness data under this section into statewide longitudinal educational data systems.

 

Sec. 4.  Minnesota Statutes 2018, section 124D.165, subdivision 2, is amended to read:

 

Subd. 2.  Family eligibility.  (a) For a family to receive an early learning scholarship, parents or guardians must meet the following eligibility requirements:

 

(1) have an eligible child; and

 

(2) have income equal to or less than 185 percent of federal poverty level income in the current calendar year, or be able to document their child's current participation in the free and reduced-price lunch program or Child and Adult Care Food Program, National School Lunch Act, United States Code, title 42, sections 1751 and 1766; the Food Distribution Program on Indian Reservations, Food and Nutrition Act, United States Code, title 7, sections 2011-2036; Head Start under the federal Improving Head Start for School Readiness Act of 2007; Minnesota family investment program under chapter 256J; child care assistance programs under chapter 119B; the supplemental nutrition assistance program; or placement in foster care under section 260C.212.

 

(b) An "eligible child" means a child who has not yet enrolled in kindergarten and is:

 

(1) at least from birth through three but not yet five years of age on September 1 of the current school year;

 

(2) a sibling from birth to through age five four of a child who has been awarded a scholarship under this section provided the sibling attends the same program as long as funds are available;

 

(3) the child of a parent under age 21 who is pursuing a high school degree or a course of study for a high school equivalency test; or

 

(4) homeless, in foster care, or in need of child protective services; or


Journal of the House - 73rd Day - Wednesday, March 11, 2020 - Top of Page 6926

(5) a child not yet five years of age on September 1 of the current school year participating in a program with a designated number of scholarship seats under subdivision 3, paragraph (c).

 

(c) Notwithstanding the age requirements under paragraph (b), a child who has received a scholarship under this section must continue to receive a scholarship each year until that child is eligible for kindergarten under section 120A.20 and as long as funds are available.

 

(d) Early learning scholarships may not be counted as earned income for the purposes of medical assistance under chapter 256B, MinnesotaCare under chapter 256L, Minnesota family investment program under chapter 256J, child care assistance programs under chapter 119B, or Head Start under the federal Improving Head Start for School Readiness Act of 2007.

 

(e) A child from an adjoining state whose family resides at a Minnesota address as assigned by the United States Postal Service, who has received developmental screening under sections 121A.16 to 121A.19, who intends to enroll in a Minnesota school district, and whose family meets the criteria of paragraph (a) is eligible for an early learning scholarship under this section.

 

Sec. 5.  Minnesota Statutes 2018, section 124D.165, subdivision 4, is amended to read:

 

Subd. 4.  Early childhood program eligibility.  (a) In order to be eligible to accept an early learning scholarship, a program must:

 

(1) participate in the quality rating and improvement system under section 124D.142; and

 

(2) beginning July 1, 2020 when 40 percent of programs eligible for rating under section 124D.142 have received ratings, have a three- or four-star rating in the quality rating and improvement system.

 

(b) Any program accepting scholarships must use the revenue to supplement and not supplant federal funding.

 

(c) Notwithstanding paragraph (a), all Minnesota early learning foundation scholarship program pilot sites are eligible to accept an early learning scholarship under this section.

 

Sec. 6.  Minnesota Statutes 2019 Supplement, section 126C.05, subdivision 1, is amended to read:

 

Subdivision 1.  Pupil unit.  Pupil units for each Minnesota resident pupil under the age of 21 or who meets the requirements of section 120A.20, subdivision 1, paragraph (c), in average daily membership enrolled in the district of residence, in another district under sections 123A.05 to 123A.08, 124D.03, 124D.08, or 124D.68; in a charter school under chapter 124E; or for whom the resident district pays tuition under section 123A.18, 123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88, subdivision 4, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or 125A.65, shall be counted according to this subdivision.

 

(a) A prekindergarten pupil with a disability who is enrolled in a program approved by the commissioner and has an individualized education program is counted as the ratio of the number of hours of assessment and education service to 825 times 1.0 with a minimum average daily membership of 0.28, but not more than 1.0 pupil unit.

 

(b) A prekindergarten pupil who is assessed but determined not to be disabled is counted as the ratio of the number of hours of assessment service to 825 times 1.0.

 

(c) A kindergarten pupil with a disability who is enrolled in a program approved by the commissioner is counted as the ratio of the number of hours of assessment and education services required in the fiscal year by the pupil's individualized education program to 875, but not more than one.


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(d) A prekindergarten pupil who is not included in paragraph (a) or (b) and is enrolled in an approved voluntary prekindergarten program under section 124D.151 is counted as the ratio of the number of hours of instruction to 850 times 1.0, but not more than 0.6 pupil units.

 

(e) A kindergarten pupil who is not included in paragraph (c) is counted as 1.0 pupil unit if the pupil is enrolled in a free all-day, every day kindergarten program available to all kindergarten pupils at the pupil's school that meets the minimum hours requirement in section 120A.41, or is counted as .55 pupil unit, if the pupil is not enrolled in a free all-day, every day kindergarten program available to all kindergarten pupils at the pupil's school.

 

(f) A pupil who is in any of grades 1 to 6 is counted as 1.0 pupil unit.

 

(g) A pupil who is in any of grades 7 to 12 is counted as 1.2 pupil units.

 

(h) A pupil who is in the postsecondary enrollment options program is counted as 1.2 pupil units.

 

(i) For fiscal years 2018 through 2021, A prekindergarten pupil who:

 

(1) is not included in paragraph (a), (b), or (d);

 

(2) is enrolled in a school readiness plus program under Laws 2017, First Special Session chapter 5, article 8, section 9; and

 

(3) has one or more of the risk factors specified by the eligibility requirements for a school readiness plus program,

 

is counted as the ratio of the number of hours of instruction to 850 times 1.0, but not more than 0.6 pupil units.  A pupil qualifying under this paragraph must be counted in the same manner as a voluntary prekindergarten student for all general education and other school funding formulas.

 

Sec. 7.  Laws 2019, First Special Session chapter 11, article 8, section 13, subdivision 3, is amended to read:

 

Subd. 3.  Early learning scholarships.  (a) For the early learning scholarship program under Minnesota Statutes, section 124D.165:

 

 

$75,209,000

. . . . . 

2020

 

$ 70,709,000 260,709,000

. . . . . 

2021

 

(b) This appropriation is subject to the requirements under Minnesota Statutes, section 124D.165, subdivision 6.

 

(c) The base for each of fiscal years 2022 and 2023 is $70,709,000.

 

Sec. 8.  Laws 2019, First Special Session chapter 11, article 8, section 13, subdivision 8, is amended to read:

 

Subd. 8.  Kindergarten entrance readiness assessment initiative and intervention program.  For the kindergarten entrance readiness assessment initiative and intervention program under Minnesota Statutes, section 124D.162:

 

 

 

$281,000

. . . . . 

2020

 

 

$ 281,000 2,693,000

. . . . . 

2021

 

The base for each of fiscal years 2022 and 2023 is $2,000,000.


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Sec. 9.  Laws 2019, First Special Session chapter 11, article 8, section 13, subdivision 9, is amended to read:

 

Subd. 9.  Quality rating and improvement system.  (a) For transfer to the commissioner of human services for the purposes of expanding the quality rating and improvement system under Minnesota Statutes, section 124D.142, in greater Minnesota and increasing supports for providers participating in the quality rating and improvement system:

 

 

 

$1,750,000

. . . . . 

2020

 

 

$ 1,750,000 3,400,000

. . . . . 

2021

 

(b) The amounts in paragraph (a) must be in addition to any federal funding under the child care and development block grant authorized under Public Law 101-508 in that year for the system under Minnesota Statutes, section 124D.142.

 

(c) Any balance in the first year does not cancel but is available in the second year.

 

(d) The base for each of fiscal years 2022 and 2023 is $1,750,000.

 

(e) The onetime, supplemental funds appropriated in fiscal year 2021 are for the purposes of the quality rating and improvement system's evaluation, and remain available until June 30, 2023.

 

Sec. 10.  FAMILY CHILD CARE REGULATION MODERNIZATION.

 

(a) The commissioner of human services shall contract with an experienced and independent organization or individual consultant to conduct the work outlined in this section.  If practicable, the commissioner must contract with the National Association for Regulatory Administration.

 

(b) The consultant must develop a proposal for a risk-based model for monitoring compliance with family child care licensing standards, grounded in national regulatory best practices.  Violations in the new model must be weighted to reflect the potential risk they pose to children's health and safety, and licensing sanctions must be tied to the potential risk.  The proposed new model must protect the health and safety of children in family child care programs and be child centered, family friendly, and fair to providers.

 

(c) The consultant shall develop and implement a stakeholder engagement process that solicits input from parents, licensed family child care providers, county licensors, staff of the Department of Human Services, and experts in child development about appropriate licensing standards, appropriate tiers for violations of the standards, based on the potential risk of harm that each violation poses, and appropriate licensing sanctions for each tier.

 

(d) The consultant shall solicit input from parents, licensed family child care providers, county licensors, and staff of the Department of Human Services about which family child care providers should be eligible for abbreviated inspections that predict compliance with other licensing standards for licensed family child care providers using key indicators previously identified using an empirically based statistical methodology developed by the National Association for Regulatory Administration and the Research Institute for Key Indicators.

 

(e) No later than February 1, 2023, the commissioner shall submit a report and proposed legislation required to implement the new licensing model to the chairs and ranking minority members of the legislative committees with jurisdiction over child care regulation.


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Sec. 11.  APPROPRIATION; FAMILY CHILD CARE REGULATION MODERNIZATION.

 

$1,500,000 in fiscal year 2021 is appropriated from the general fund to the commissioner of human services for the family child care regulation modernization project under section 10.  This is a onetime appropriation and remains available until June 30, 2023.

 

ARTICLE 3

CHILD CARE AVAILABILITY

 

Section 1.  Minnesota Statutes 2018, section 119B.13, subdivision 1, is amended to read:

 

Subdivision 1.  Subsidy restrictions.  (a) Beginning February 3, 2014, The maximum rate paid for child care assistance in any county or county price cluster under the child care fund shall be the greater of the 25th percentile of the 2011 child care provider rate survey or the maximum rate effective November 28, 2011.:

 

(1) for family child care, the 25th percentile of the market rate in the county or county price cluster with the highest cost 25th percentile for family child care in the most recent child care provider rate survey under section 119B.02, subdivision 7; and

 

(2) for child care centers, the 25th percentile of the market rate in the most recent child care provider rate survey under section 119B.02, subdivision 7.  For a child care provider center located within the boundaries of a city located in two or more of the counties of Benton, Sherburne, and Stearns, the maximum rate paid for child care assistance shall be equal to the maximum rate paid in the county with the highest maximum reimbursement rates or the provider's charge, whichever is less.

 

(b) The commissioner may:  (1) assign a county with no reported provider prices to a similar price cluster; and (2) consider county level access when determining final price clusters under section 119B.02, subdivision 7.

 

(b) (c) A rate which includes a special needs rate paid under subdivision 3 may be in excess of the maximum rate allowed under this subdivision.

 

(c) (d) The department shall monitor the effect of this paragraph on provider rates.  The county shall pay the provider's full charges for every child in care up to the maximum established.  The commissioner shall determine the maximum rate for each type of care on an hourly, full-day, and weekly basis, including special needs and disability care.

 

(d) (e) If a child uses one provider, the maximum payment for one day of care must not exceed the daily rate.  The maximum payment for one week of care must not exceed the weekly rate.

 

(e) (f) If a child uses two providers under section 119B.097, the maximum payment must not exceed:

 

(1) the daily rate for one day of care;

 

(2) the weekly rate for one week of care by the child's primary provider; and

 

(3) two daily rates during two weeks of care by a child's secondary provider.

 

(f) (g) Child care providers receiving reimbursement under this chapter must not be paid activity fees or an additional amount above the maximum rates for care provided during nonstandard hours for families receiving assistance.


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(g) (h) If the provider charge is greater than the maximum provider rate allowed, the parent is responsible for payment of the difference in the rates in addition to any family co-payment fee.

 

(h) (i) All maximum provider rates changes shall be implemented on the Monday following the effective date of the maximum provider rate.

 

(i) Notwithstanding Minnesota Rules, part 3400.0130, subpart 7, maximum registration fees in effect on January 1, 2013, shall remain in effect. (j) The maximum registration fee paid for child care assistance in any county or county price cluster under the child care fund must be the greater of:

 

(1) the 25th percentile of the market rate in the county or county price cluster with the highest cost 25th percentile in the most recent child care provider rate survey under section 119B.02, subdivision 7; or

 

(2) the registration fee in effect at the time of the update.

 

(k) A maximum registration fee must be set for licensed family child care and for child care centers.

 

Sec. 2.  [119B.195] RETAINING EARLY EDUCATORS THROUGH ATTAINING INCENTIVES NOW (REETAIN) GRANT PROGRAM.

 

Subdivision 1.  Establishment; purpose.  The retaining early educators through attaining incentives now (REETAIN) grant program is established to provide competitive grants to incentivize well-trained child care professionals to stay in the workforce to create more consistent care for children over time.

 

Subd. 2.  Administration.  The commissioner shall administer the REETAIN grant program through a grant to a nonprofit organization with demonstrated ability to manage benefit programs for child care professionals.  Up to ten percent of grant funds may be used for administration of the grant program.

 

Subd. 3.  Application.  An applicant must apply for the grant program using the forms and according to the timelines established by the commissioner.

 

Subd. 4.  Eligibility.  (a) To be eligible for a grant, an applicant must:

 

(1) be licensed to provide child care or work for a licensed child care program;

 

(2) work directly with children at least 30 hours per week;

 

(3) work in their current position for at least 12 months;

 

(4) agree to stay in their current position for at least 12 months upon receiving a grant under this section;

 

(5) have a career lattice step of six or higher;

 

(6) have a current membership with the Minnesota quality improvement and registry tool; and

 

(7) meet any other requirements determined by the commissioner.

 

(b) Grant recipients must sign a contract agreeing to remain in their current position for at least 12 months.

 

Subd. 5.  Grant awards.  To the extent funding is available, a child care professional's annual amount for the REETAIN grant must not exceed an amount determined by the commissioner.  A child care professional must apply each year to compete for an award and may receive up to one award per year.  Grant funds may be used for program supplies, training, or personal expenses.


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Subd. 6.  Report.  Beginning January 1, 2022, and each year thereafter, the commissioner must report annually to the legislative committees with jurisdiction over child care on the number of grants awarded and outcomes of the grant program.

 

Sec. 3.  Minnesota Statutes 2018, section 136A.128, subdivision 2, is amended to read:

 

Subd. 2.  Program components.  (a) The nonprofit organization must use the grant for:

 

(1) tuition scholarships up to $5,000 $10,000 per year for courses leading to the nationally recognized child development associate credential or college-level courses leading to an associate's degree or bachelor's degree in early childhood development and school-age care; and

 

(2) education incentives of a minimum of $100 $250 to participants in the tuition scholarship program if they complete a year of working in the early care and education field.

 

(b) Applicants for the scholarship must be employed by a licensed early childhood or child care program and working directly with children, a licensed family child care provider, employed by a public prekindergarten program, or an employee in a school-age program exempt from licensing under section 245A.03, subdivision 2, paragraph (a), clause (12).  Lower wage earners must be given priority in awarding the tuition scholarships.  Scholarship recipients must contribute at least ten percent of the total scholarship and must be sponsored by their employers, who must also contribute ten at least five percent of the total scholarship.  Scholarship recipients who are self-employed must contribute 20 percent of the total scholarship.

 

Sec. 4.  Minnesota Statutes 2018, section 136A.128, subdivision 4, is amended to read:

 

Subd. 4.  Administration.  A nonprofit organization that receives a grant under this section may use five ten percent of the grant amount to administer the program.

 

Sec. 5.  FAMILY, FRIEND, AND NEIGHBOR GRANT PROGRAM.

 

Subdivision 1.  Establishment.  A family, friend, and neighbor (FFN) grant program is established to promote children's social emotional learning and healthy development, early literacy, and school readiness, and to foster community partnerships to promote children's school readiness.  The commissioner of health must make grants available to fund:

 

(1) community health boards, local or regional libraries, community-based organizations, nonprofit organizations, and Indian tribes working with FFN caregivers under subdivision 2; and

 

(2) community-based partnerships to implement early literacy programs under subdivision 3.

 

The commissioner must attempt to ensure that grants under subdivisions 2 and 3 are made in all areas of the state.

 

Subd. 2.  Grants to work with FFN caregivers.  (a) Grants awarded by the commissioner under this paragraph may be used by community health boards, local or regional libraries, community-based organizations, nonprofit organizations, and Indian tribes working with FFN caregivers in local communities, cultural communities, and Indian tribes to:

 

(1) provide training, support, and resources to FFN caregivers in order to improve and promote children's health, safety, nutrition, and school readiness;


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(2) connect FFN caregivers and children's families with appropriate community resources that support the families' physical and mental health, and economic and developmental needs;

 

(3) connect FFN caregivers and children's families to early childhood screening programs and facilitate referrals where appropriate;

 

(4) provide FFN caregivers and children's families with information about early learning guidelines from the Departments of Human Services and Education;

 

(5) provide FFN caregivers and children's families with information about becoming a licensed family child care provider; and

 

(6) provide FFN caregivers and children's families with information about early learning allowances and enrollment opportunities in high-quality, community-based child care and preschool programs.

 

(b) Grants that the commissioner awards under paragraph (a) also may be used for:

 

(1) social emotional learning, health and safety, and early learning kits for FFN caregivers;

 

(2) play and learn groups with FFN caregivers;

 

(3) culturally appropriate early childhood training for FFN caregivers;

 

(4) transportation for FFN caregivers and children's families to school readiness and other early childhood training activities;

 

(5) other activities that promote school readiness;

 

(6) data collection and evaluation;

 

(7) staff outreach and outreach activities;

 

(8) translation needs; and

 

(9) administrative costs that equal up to five percent of the recipient's grant award.

 

Subd. 3.  Grants for early literacy programs.  Grants awarded by the commissioner under this subdivision must be used to fund existing or new partnerships between community health boards, local or regional library systems, community-based organizations, nonprofit organizations, or Indian tribes to implement early literacy programs in low-income communities, including tribal communities, to:

 

(1) purchase and equip early childhood reading mobiles and math mobiles that provide FFN caregivers and children's families with books, training, and early literacy activities;

 

(2) provide FFN caregivers and children's families with translations of early childhood books, training, and early literacy activities in native languages; or

 

(3) provide FFN caregivers and children's families with early literacy activities in local libraries.


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Subd. 4.  Grant awards.  Interested entities eligible to receive a grant under this section may apply to the commissioner in a form and manner prescribed by the commissioner.  The commissioner shall award grants to eligible entities consistent with the requirements of this section.

 

Subd. 5.  Evaluation.  The commissioner must evaluate the impact of the grants under subdivisions 2 and 3 on children's school readiness, including but not limited to social emotional learning indicators, and submit a written report to the legislative committees with jurisdiction over health and human services and education finance and policy by February 1, 2022.

 

Sec. 6.  FIRST CHILDREN'S FINANCE CHILD CARE SITE ASSISTANCE.

 

Subdivision 1.  Purpose.  The commissioner of human services must provide grants to First Children's Finance for loans to improve child care or early childhood education sites or loans to plan, design, and construct or expand licensed and legal nonlicensed sites to increase the availability of child care or early childhood education.

 

Subd. 2.  Financing program.  (a) First Children's Finance must use grant funds to:

 

(1) establish a revolving loan fund to make loans to existing, expanding, and newly licensed and legal nonlicensed child care and early childhood education sites;

 

(2) establish a fund to guarantee private loans to improve or construct a child care or early childhood education site;

 

(3) establish a fund to provide forgivable loans or grants to match all or part of a loan made under this section;

 

(4) establish a fund as a reserve against bad debt; and

 

(5) establish a fund to provide business planning assistance for child care providers.

 

(b) First Children's Finance must establish the terms and conditions for loans and loan guarantees including interest rates, repayment agreements, private match requirements, and conditions for loan forgiveness.  A minimum interest rate for loans must be established to ensure that necessary loan administration costs are covered.  Interest earnings may be used for administrative expenses.

 

Subd. 3.  Reports.  First Children's Finance must:

 

(1) by September 30, 2021, and by September 30, 2022, report to the commissioner of human services the purposes for which the money was used during the past fiscal year, including a description of projects supported by the financing, an account of loans made during the calendar year, the financing program's assets and liabilities, and an explanation of administrative expenses; and

 

(2) for each fiscal year in which grants are received, submit to the commissioner of human services a copy of the report of an independent audit performed in accordance with generally accepted accounting practices and auditing standards.

 

Sec. 7.  APPROPRIATION; FIRST CHILDREN'S FINANCE.

 

$3,000,000 in fiscal year 2021 is appropriated from the general fund to the commissioner of human services for a grant to First Children's Finance.  This is a onetime appropriation.


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Sec. 8.  APPROPRIATION; FAMILY, FRIEND, AND NEIGHBOR GRANT.

 

$1,000,000 in fiscal year 2021 is appropriated from the general fund to the commissioner of health for purposes of awarding grants under section 5.  This is a onetime appropriation and is available until June 30, 2022.

 

Sec. 9.  APPROPRIATION; CHILD CARE PROGRAMS.

 

Subdivision 1.  Basic sliding fee waiting list allocation.  (a) Notwithstanding Minnesota Statutes, section 119B.03, $20,000,000 in fiscal year 2021 is appropriated from the general fund to the commissioner of human services to reduce the basic sliding fee program waiting list as follows:

 

(1) the allocations for calendar years 2020 and 2021 must be increased to serve families on the waiting list.  To receive funds appropriated for this purpose, a county must have a waiting list in at least one of the most recent three months based on published waiting lists;

 

(2) funds must be distributed proportionately based on the average of the most recent six months of published waiting lists to counties that meet the criteria in clause (1);

 

(3) allocations in calendar years 2022 and beyond must be calculated using the allocation formula in Minnesota Statutes, section 119B.03; and

 

(4) the guaranteed floor for calendar year 2021 must be based on the revised calendar year 2020 allocation.

 

(b) This is a onetime appropriation available through fiscal year 2021.

 

Subd. 2.  Child care rates.  (a) $170,000,000 in fiscal year 2021 is appropriated from the general fund to the commissioner of human services to increase child care rates under Minnesota Statutes, section 119B.13.  The commissioner may not increase the rate differential percentage established under Minnesota Statutes, section 119B.13, subdivision 3a or 3b.  To determine the increased rates, the commissioner of human services must:

 

(1) for family child care, set one rate for the entire state that is based on the county or county price cluster with the highest costs in the most recent child care market rate survey under Minnesota Statutes, section 119B.02, subdivision 7; and

 

(2) set the percentile for family child care and child care centers no higher than the 75th percentile of the most recent market rate survey under Minnesota Statutes, section 119B.02, subdivision 7.

 

(b) This is a onetime appropriation that must be used until expended to increase the child care rates as directed in this subdivision, but at no time may the child care rates exceed the 75th percentile of the most recent market rate survey under Minnesota Statutes, section 119B.02, subdivision 7.

 

(c) The child care rates shall return to the rates determined under Minnesota Statutes, section 119B.13, when the appropriation under this subdivision is expended. 

 

Sec. 10.  APPROPRIATIONS; DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT.

 

Subdivision 1.  Grants for child care.  (a) $10,000,000 in fiscal year 2021 is appropriated from the general fund to the commissioner of employment and economic development for grants to local communities to increase the supply of quality child care providers to support economic development.  This is a onetime appropriation.  Fifty percent of grant funds must go to communities located outside of the seven-county metropolitan area as defined under Minnesota Statutes, section 473.121, subdivision 2.


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(b) Grant recipients must obtain a 50 percent nonstate match to grant funds in either cash or in-kind contribution.  Grant funds available under this subdivision must be used to implement projects to reduce the child care shortage in the state, including but not limited to funding for child care business start-ups or expansion, training, facility modifications, direct subsidies or incentives to retain employees, or improvements required for licensing, and assistance with licensing and other regulatory requirements.  In awarding grants, the commissioner must give priority to communities that have demonstrated a shortage of child care providers in the area.

 

(c) Within one year of receiving grant funds, grant recipients must report to the commissioner on the outcomes of the grant program, including but not limited to the number of new providers, the number of additional child care provider jobs created, the number of additional child care slots, and the amount of cash and in-kind local funds invested.

 

Subd. 2.  Minnesota Initiative Foundations.  (a) $3,850,000 in fiscal year 2021 is appropriated from the general fund to the commissioner of employment and economic development for a grant to the Minnesota Initiative Foundations.  This is a onetime appropriation and is available until June 30, 2022.

 

(b) The Minnesota Initiative Foundations must use grant funds under this section to:

 

(1) facilitate planning processes for rural communities resulting in a community solution action plan that guides decision making to sustain and increase the supply of quality child care in the region to support economic development;

 

(2) engage the private sector to invest local resources to support the community solution action plan and ensure child care is a vital component of additional regional economic development planning processes;

 

(3) provide high-quality, locally based training and technical assistance to rural child care business owners.  Access to financial and business development assistance must endeavor to prepare child care businesses for quality engagement and improvement by stabilizing operations, leveraging funding from other sources, and fostering business acumen; and

 

(4) recruit child care programs to participate in Parent Aware under Minnesota Statutes, section 124D.142, by providing targeted resources designed to encourage high levels of participation.  The Minnesota Initiative Foundations must work with local partners to provide low-cost training, professional development opportunities, and curriculum.  The Minnesota Initiative Foundations must fund, through local partners, an enhanced level of coaching to rural child care providers to obtain a quality rating through Parent Aware.

 

Subd. 3.  WomenVenture child care business training.  $150,000 in fiscal year 2021 is appropriated from the general fund to the commissioner of employment and economic development for a grant to WomenVenture to operate a business training program for child care providers and to create materials that could be used, free of charge, for start-up, expansion, and operation of child care businesses statewide, with the goal of helping new and existing child care businesses in underserved areas of the state become profitable and sustainable.  The commissioner shall report data on outcomes and recommendations for replication of this training program throughout Minnesota to the governor and the legislative committees with jurisdiction over child care by December 15, 2022.  This is a onetime appropriation and is available until June 30, 2022.

 

Sec. 11.  APPROPRIATION; RETAINING EARLY EDUCATORS THROUGH ATTAINING INCENTIVES NOW (REETAIN) GRANT PROGRAM.

 

$2,500,000 in fiscal year 2021 is appropriated from the general fund to the commissioner of human services for purposes of REETAIN grants under section 2.  This is a onetime appropriation.


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Sec. 12.  APPROPRIATION; TEACH GRANT PROGRAM.

 

$500,000 in fiscal year 2021 is appropriated from the general fund to the commissioner of human services for teacher education and compensation helps (TEACH) program grants under Minnesota Statutes, section 136A.128.  This is a onetime appropriation.

 

Sec. 13.  REVISOR INSTRUCTION.

 

The revisor of statutes shall renumber Minnesota Statutes, section 136A.128, as a section in Minnesota Statutes, chapter 119B.  The revisor shall also make necessary cross-reference changes consistent with the renumbering."

 

Delete the title and insert:

 

"A bill for an act relating to early childhood; creating additional funding and opportunities for children ages birth to three; governing certain programs and funding for prenatal care services, home visiting, early childhood education, and child care assistance; appropriating money; amending Minnesota Statutes 2018, sections 119B.13, subdivision 1; 124D.142; 124D.162; 124D.165, subdivisions 2, 4; 136A.128, subdivisions 2, 4; Minnesota Statutes 2019 Supplement, sections 124D.151, subdivision 6; 126C.05, subdivision 1; Laws 2019, First Special Session chapter 11, article 8, section 13, subdivisions 3, 8, 9; proposing coding for new law in Minnesota Statutes, chapters 119B; 145."

 

 

With the recommendation that when so amended the bill be re-referred to the Jobs and Economic Development Finance Division without further recommendation.

 

      The report was adopted.

 

 

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

 

H. F. No. 4, A bill for an act relating to health; prohibiting a manufacturer or wholesale drug distributor from charging unconscionable prices for prescription drugs; requiring the Board of Pharmacy, the commissioner of human services, and health plan companies to notify the attorney general of certain prescription drug price increases; authorizing the attorney general to take action against drug manufacturers and wholesalers related to certain price increases; imposing civil penalties; amending Minnesota Statutes 2018, sections 8.31, subdivision 1; 151.071, subdivisions 1, 2; proposing coding for new law in Minnesota Statutes, chapter 151.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2018, section 8.31, subdivision 1, is amended to read:

 

Subdivision 1.  Investigate offenses against provisions of certain designated sections; assist in enforcement.  The attorney general shall investigate violations of the law of this state respecting unfair, discriminatory, and other unlawful practices in business, commerce, or trade, and specifically, but not exclusively, the Prohibition Against Charging Unconscionable Prices for Prescription Drugs (section 151.462), the Nonprofit Corporation Act (sections 317A.001 to 317A.909), the Act Against Unfair Discrimination and Competition (sections 325D.01 to 325D.07), the Unlawful Trade Practices Act (sections 325D.09 to 325D.16), the Antitrust Act (sections 325D.49 to 325D.66), section 325F.67 and other laws against false or fraudulent advertising, the antidiscrimination acts contained in


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section 325D.67, the act against monopolization of food products (section 325D.68), the act regulating telephone advertising services (section 325E.39), the Prevention of Consumer Fraud Act (sections 325F.68 to 325F.70), and chapter 53A regulating currency exchanges and assist in the enforcement of those laws as in this section provided.

 

Sec. 2.  Minnesota Statutes 2018, section 151.071, subdivision 1, is amended to read:

 

Subdivision 1.  Forms of disciplinary action.  When the board finds that a licensee, registrant, or applicant has engaged in conduct prohibited under subdivision 2, it may do one or more of the following:

 

(1) deny the issuance of a license or registration;

 

(2) refuse to renew a license or registration;

 

(3) revoke the license or registration;

 

(4) suspend the license or registration;

 

(5) impose limitations, conditions, or both on the license or registration, including but not limited to:  the limitation of practice to designated settings; the limitation of the scope of practice within designated settings; the imposition of retraining or rehabilitation requirements; the requirement of practice under supervision; the requirement of participation in a diversion program such as that established pursuant to section 214.31 or the conditioning of continued practice on demonstration of knowledge or skills by appropriate examination or other review of skill and competence;

 

(6) impose a civil penalty not exceeding $10,000 for each separate violation, except that a civil penalty not exceeding $25,000 may be imposed for each separate violation of section 151.462, the amount of the civil penalty to be fixed so as to deprive a licensee or registrant of any economic advantage gained by reason of the violation, to discourage similar violations by the licensee or registrant or any other licensee or registrant, or to reimburse the board for the cost of the investigation and proceeding, including but not limited to, fees paid for services provided by the Office of Administrative Hearings, legal and investigative services provided by the Office of the Attorney General, court reporters, witnesses, reproduction of records, board members' per diem compensation, board staff time, and travel costs and expenses incurred by board staff and board members; and

 

(7) reprimand the licensee or registrant.

 

Sec. 3.  Minnesota Statutes 2019 Supplement, section 151.071, subdivision 2, is amended to read:

 

Subd. 2.  Grounds for disciplinary action.  The following conduct is prohibited and is grounds for disciplinary action:

 

(1) failure to demonstrate the qualifications or satisfy the requirements for a license or registration contained in this chapter or the rules of the board.  The burden of proof is on the applicant to demonstrate such qualifications or satisfaction of such requirements;

 

(2) obtaining a license by fraud or by misleading the board in any way during the application process or obtaining a license by cheating, or attempting to subvert the licensing examination process.  Conduct that subverts or attempts to subvert the licensing examination process includes, but is not limited to:  (i) conduct that violates the security of the examination materials, such as removing examination materials from the examination room or having unauthorized possession of any portion of a future, current, or previously administered licensing examination; (ii) conduct that violates the standard of test administration, such as communicating with another examinee during


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administration of the examination, copying another examinee's answers, permitting another examinee to copy one's answers, or possessing unauthorized materials; or (iii) impersonating an examinee or permitting an impersonator to take the examination on one's own behalf;

 

(3) for a pharmacist, pharmacy technician, pharmacist intern, applicant for a pharmacist or pharmacy license, or applicant for a pharmacy technician or pharmacist intern registration, conviction of a felony reasonably related to the practice of pharmacy.  Conviction as used in this subdivision includes a conviction of an offense that if committed in this state would be deemed a felony without regard to its designation elsewhere, or a criminal proceeding where a finding or verdict of guilt is made or returned but the adjudication of guilt is either withheld or not entered thereon.  The board may delay the issuance of a new license or registration if the applicant has been charged with a felony until the matter has been adjudicated;

 

(4) for a facility, other than a pharmacy, licensed or registered by the board, if an owner or applicant is convicted of a felony reasonably related to the operation of the facility.  The board may delay the issuance of a new license or registration if the owner or applicant has been charged with a felony until the matter has been adjudicated;

 

(5) for a controlled substance researcher, conviction of a felony reasonably related to controlled substances or to the practice of the researcher's profession.  The board may delay the issuance of a registration if the applicant has been charged with a felony until the matter has been adjudicated;

 

(6) disciplinary action taken by another state or by one of this state's health licensing agencies:

 

(i) revocation, suspension, restriction, limitation, or other disciplinary action against a license or registration in another state or jurisdiction, failure to report to the board that charges or allegations regarding the person's license or registration have been brought in another state or jurisdiction, or having been refused a license or registration by any other state or jurisdiction.  The board may delay the issuance of a new license or registration if an investigation or disciplinary action is pending in another state or jurisdiction until the investigation or action has been dismissed or otherwise resolved; and

 

(ii) revocation, suspension, restriction, limitation, or other disciplinary action against a license or registration issued by another of this state's health licensing agencies, failure to report to the board that charges regarding the person's license or registration have been brought by another of this state's health licensing agencies, or having been refused a license or registration by another of this state's health licensing agencies.  The board may delay the issuance of a new license or registration if a disciplinary action is pending before another of this state's health licensing agencies until the action has been dismissed or otherwise resolved;

 

(7) for a pharmacist, pharmacy, pharmacy technician, or pharmacist intern, violation of any order of the board, of any of the provisions of this chapter or any rules of the board or violation of any federal, state, or local law or rule reasonably pertaining to the practice of pharmacy;

 

(8) for a facility, other than a pharmacy, licensed by the board, violations of any order of the board, of any of the provisions of this chapter or the rules of the board or violation of any federal, state, or local law relating to the operation of the facility;

 

(9) engaging in any unethical conduct; conduct likely to deceive, defraud, or harm the public, or demonstrating a willful or careless disregard for the health, welfare, or safety of a patient; or pharmacy practice that is professionally incompetent, in that it may create unnecessary danger to any patient's life, health, or safety, in any of which cases, proof of actual injury need not be established;


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(10) aiding or abetting an unlicensed person in the practice of pharmacy, except that it is not a violation of this clause for a pharmacist to supervise a properly registered pharmacy technician or pharmacist intern if that person is performing duties allowed by this chapter or the rules of the board;

 

(11) for an individual licensed or registered by the board, adjudication as mentally ill or developmentally disabled, or as a chemically dependent person, a person dangerous to the public, a sexually dangerous person, or a person who has a sexual psychopathic personality, by a court of competent jurisdiction, within or without this state.  Such adjudication shall automatically suspend a license for the duration thereof unless the board orders otherwise;

 

(12) for a pharmacist or pharmacy intern, engaging in unprofessional conduct as specified in the board's rules.  In the case of a pharmacy technician, engaging in conduct specified in board rules that would be unprofessional if it were engaged in by a pharmacist or pharmacist intern or performing duties specifically reserved for pharmacists under this chapter or the rules of the board;

 

(13) for a pharmacy, operation of the pharmacy without a pharmacist present and on duty except as allowed by a variance approved by the board;

 

(14) for a pharmacist, the inability to practice pharmacy with reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition, including deterioration through the aging process or loss of motor skills.  In the case of registered pharmacy technicians, pharmacist interns, or controlled substance researchers, the inability to carry out duties allowed under this chapter or the rules of the board with reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition, including deterioration through the aging process or loss of motor skills;

 

(15) for a pharmacist, pharmacy, pharmacist intern, pharmacy technician, medical gas distributor, or controlled substance researcher, revealing a privileged communication from or relating to a patient except when otherwise required or permitted by law;

 

(16) for a pharmacist or pharmacy, improper management of patient records, including failure to maintain adequate patient records, to comply with a patient's request made pursuant to sections 144.291 to 144.298, or to furnish a patient record or report required by law;

 

(17) fee splitting, including without limitation:

 

(i) paying, offering to pay, receiving, or agreeing to receive, a commission, rebate, kickback, or other form of remuneration, directly or indirectly, for the referral of patients;

 

(ii) referring a patient to any health care provider as defined in sections 144.291 to 144.298 in which the licensee or registrant has a financial or economic interest as defined in section 144.6521, subdivision 3, unless the licensee or registrant has disclosed the licensee's or registrant's financial or economic interest in accordance with section 144.6521; and

 

(iii) any arrangement through which a pharmacy, in which the prescribing practitioner does not have a significant ownership interest, fills a prescription drug order and the prescribing practitioner is involved in any manner, directly or indirectly, in setting the price for the filled prescription that is charged to the patient, the patient's insurer or pharmacy benefit manager, or other person paying for the prescription or, in the case of veterinary patients, the price for the filled prescription that is charged to the client or other person paying for the prescription, except that a veterinarian and a pharmacy may enter into such an arrangement provided that the client or other


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person paying for the prescription is notified, in writing and with each prescription dispensed, about the arrangement, unless such arrangement involves pharmacy services provided for livestock, poultry, and agricultural production systems, in which case client notification would not be required;

 

(18) engaging in abusive or fraudulent billing practices, including violations of the federal Medicare and Medicaid laws or state medical assistance laws or rules;

 

(19) engaging in conduct with a patient that is sexual or may reasonably be interpreted by the patient as sexual, or in any verbal behavior that is seductive or sexually demeaning to a patient;

 

(20) failure to make reports as required by section 151.072 or to cooperate with an investigation of the board as required by section 151.074;

 

(21) knowingly providing false or misleading information that is directly related to the care of a patient unless done for an accepted therapeutic purpose such as the dispensing and administration of a placebo;

 

(22) aiding suicide or aiding attempted suicide in violation of section 609.215 as established by any of the following:

 

(i) a copy of the record of criminal conviction or plea of guilty for a felony in violation of section 609.215, subdivision 1 or 2;

 

(ii) a copy of the record of a judgment of contempt of court for violating an injunction issued under section 609.215, subdivision 4;

 

(iii) a copy of the record of a judgment assessing damages under section 609.215, subdivision 5; or

 

(iv) a finding by the board that the person violated section 609.215, subdivision 1 or 2.  The board shall investigate any complaint of a violation of section 609.215, subdivision 1 or 2;

 

(23) for a pharmacist, practice of pharmacy under a lapsed or nonrenewed license.  For a pharmacist intern, pharmacy technician, or controlled substance researcher, performing duties permitted to such individuals by this chapter or the rules of the board under a lapsed or nonrenewed registration.  For a facility required to be licensed under this chapter, operation of the facility under a lapsed or nonrenewed license or registration; and

 

(24) for a pharmacist, pharmacist intern, or pharmacy technician, termination or discharge from the health professionals services program for reasons other than the satisfactory completion of the program; and

 

(25) for a manufacturer or wholesale drug distributor, a violation of section 151.462.

 

Sec. 4.  [151.462] PROHIBITION AGAINST CHARGING UNCONSCIONABLE PRICES FOR PRESCRIPTION DRUGS.

 

Subdivision 1.  Purpose.  The purpose of this section is to promote public health in Minnesota by preventing unconscionable price gouging with respect to the price of essential prescription drugs sold in Minnesota.  Essential prescription drugs are a necessity.  These drugs, which are made available in this state by drug manufacturers and wholesale distributors, provide critically important benefits to the health and well-being of Minnesota citizens.  Abuses in the pricing of various essential prescription drugs are well-documented, jeopardize the health and welfare of the public, and have caused the death of patients who could not afford to pay an unconscionable price for these drugs.  For example, these price gouging practices have created a public health catastrophe in Minnesota regarding


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the sale of insulin, an essential prescription drug for the treatment of more than 320,000 people residing in Minnesota who are diabetic.  This section is intended to address such abuses, but allow drug manufacturers and wholesale drug distributors a fair rate of return with respect to their sale of essential prescription drugs in the state of Minnesota.

 

Subd. 2.  Definitions.  (a) For purposes of this section, the following definitions apply. 

 

(b) "Essential prescription drug" means a patented (including an exclusivity-protected drug), off-patent, or generic drug prescribed in Minnesota by a practitioner:

 

(1) that either:

 

(i) is covered under the medical assistance program or by any Medicare Part D plan offered in the state of Minnesota; or

 

(ii) has been designated by the commissioner of human services under subdivision 4 as an essential medicine due to its efficacy in treating a life-threatening health condition or a chronic health condition that substantially impairs an individual's ability to engage in activities of daily living; and

 

(2) for which:

 

(i) a 30-day supply of the maximum recommended dosage of the drug for any indication, according to the label for the drug approved under the Federal Food, Drug, and Cosmetic Act, would cost more than $80 at the drug's wholesale acquisition cost;

 

(ii) a full course of treatment with the drug, according to the label for the drug approved under the Federal Food, Drug, and Cosmetic Act, would cost more than $80 at the drug's wholesale acquisition cost; or

 

(iii) if the drug is made available to consumers only in quantities that do not correspond to a 30-day supply, a full course of treatment, or a single dose, it would cost more than $80 at the drug's wholesale acquisition cost to obtain a 30-day supply or a full course of treatment.

 

Essential prescription drug also includes a patented or off-patent drug-device combination product, whose wholesale acquisition cost is more than $80, and which is used at least in part for delivery of a drug described in this paragraph.

 

(c) "Health plan company" has the meaning provided in section 62Q.01, subdivision 4.

 

(d) "Unconscionable price" means a price that:

 

(1) is not reasonably justified by the actual cost of inventing, producing, selling, and distributing the essential prescription drug, and any actual cost of an appropriate expansion of access to the drug to promote public health; and

 

(2) applies to an essential prescription drug sold to:

 

(i) consumers in Minnesota;

 

(ii) the commissioner of human services for use in a Minnesota public health care program; or


Journal of the House - 73rd Day - Wednesday, March 11, 2020 - Top of Page 6942

(iii) a health plan company providing medical care to Minnesota consumers; and the consumer, commissioner, or health plan company has no meaningful choice about whether to purchase the drug, because there is no other comparable drug sold in Minnesota at a price that is reasonably justified by the actual cost of inventing, producing, selling, and distributing the comparable drug, and any actual cost of an appropriate expansion of access to the drug to promote public health.

 

(e) "Wholesale acquisition cost" has the meaning given in United States Code, title 42, section 1395w-3a.

 

Subd. 3.  Prohibition.  No drug manufacturer or wholesale drug distributor shall charge or cause to be charged in Minnesota an unconscionable price for an essential prescription drug sold in Minnesota.  It is not a violation of this section for a wholesale drug distributor to charge a price for an essential prescription drug to be sold in Minnesota that is directly and substantially attributable to the cost of the drug charged by the manufacturer.

 

Subd. 4.  Commissioner of human services; list of essential prescription drugs.  The commissioner of human services, in consultation with the Formulary Committee established under section 256B.0625, subdivision 13c, may designate essential medicines in accordance with subdivision 2, paragraph (b), clause (1), item (ii), and shall maintain a list of all essential prescription drugs on the agency website.  The commissioner is exempt from the rulemaking requirements of chapter 14 in making the essential medicine designation and compiling the list of all essential prescription drugs under this subdivision.

 

Subd. 5.  Notification of attorney general.  The Minnesota Board of Pharmacy, the commissioner of human services, and health plan companies shall notify the attorney general of any increase of 15 percent or more during a one-year period in the price of any essential prescription drug sold in Minnesota.

 

Subd. 6.  Attorney general's office to confer with drug manufacturer or distributor.  In order for the attorney general to bring an action for an alleged violation of subdivision 3 against a drug manufacturer or wholesale distributor, the attorney general must have provided the manufacturer or wholesale distributor an opportunity to meet with the attorney general to present any justification for the price of the essential prescription drug.  This meeting shall be in addition to any response or responses that the drug manufacturer or wholesale distributor may make to prelitigation investigation or discovery conducted by the attorney general pursuant to section 8.31.

 

Subd. 7.  Private right of action.  Any action brought pursuant to section 8.31, subdivision 3a, by a person injured by a violation of this section is for the benefit of the public.

 

Subd. 8.  Severability.  In accordance with section 645.20, it is the intent of the legislature that the provisions, or any part of a provision, of this section or its effective date are severable in the event any provision, or any part of a provision, of this section or its effective date is found by a court to be unconstitutional.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and, notwithstanding any statutory or common law to the contrary, applies retroactively to any prices charged by a drug manufacturer or drug wholesaler for essential prescription drugs sold or distributed in Minnesota on or after July 1, 2014.

 

Sec. 5.  APPROPRIATION.

 

$46,000 in fiscal year 2021 is appropriated from the general fund to the commissioner of human services to implement Minnesota Statutes, section 151.462.  The base for this appropriation is $52,000 in fiscal year 2022 and $52,000 in fiscal year 2023.  There is federal financial participation of $15,000 in fiscal year 2021 and $17,000 per year thereafter."


Journal of the House - 73rd Day - Wednesday, March 11, 2020 - Top of Page 6943

Delete the title and insert:

 

"A bill for an act relating to health; prohibiting a manufacturer or wholesale drug distributor from charging unconscionable prices for prescription drugs; requiring the Board of Pharmacy, the commissioner of human services, and health plan companies to notify the attorney general of certain prescription drug price increases; authorizing the attorney general to take action against drug manufacturers and wholesalers related to certain price increases; imposing civil penalties; appropriating money; amending Minnesota Statutes 2018, sections 8.31, subdivision 1; 151.071, subdivision 1; Minnesota Statutes 2019 Supplement, section 151.071, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 151."

 

 

With the recommendation that when so amended the bill be re-referred to the State Government Finance Division without further recommendation.

 

      The report was adopted.

 

 

Nelson, M., from the State Government Finance Division to which was referred:

 

H. F. No. 11, A bill for an act relating to employment; providing for earned sick and safe time; appropriating money; authorizing rulemaking; imposing civil penalties; requiring reports; amending Minnesota Statutes 2018, sections 177.27, subdivisions 4, 7; 181.942, subdivision 1; Minnesota Statutes 2019 Supplement, section 177.27, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 177; 181; repealing Minnesota Statutes 2019 Supplement, section 181.9413.

 

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

 

      The report was adopted.

 

 

Nelson, M., from the State Government Finance Division to which was referred:

 

H. F. No. 505, A bill for an act relating to state government; creating a task force to study the design of the state flag.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Mariani from the Public Safety and Criminal Justice Reform Finance and Policy Division to which was referred:

 

H. F. No. 741, A bill for an act relating to public safety; limiting the use of money bail for certain offenses; amending Minnesota Statutes 2018, section 629.53.

 

Reported the same back with the following amendments:

 

Page 3, line 3, delete "2019" and insert "2020"

 

 

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

 

      The report was adopted.


Journal of the House - 73rd Day - Wednesday, March 11, 2020 - Top of Page 6944

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

 

H. F. No. 1246, A bill for an act relating to health; establishing the Prescription Drug Price Transparency Act; requiring a report; proposing coding for new law in Minnesota Statutes, chapter 151.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  [62J.84] PRESCRIPTION DRUG PRICE TRANSPARENCY.

 

Subdivision 1.  Short title.  This section may be cited as the "Prescription Drug Price Transparency Act."

 

Subd. 2.  Definitions.  (a) For purposes of this section, the terms defined in this subdivision have the meanings given.

 

(b) "Biosimilar" means a drug that is produced or distributed pursuant to a biologics license application approved under United States Code, title 42, section 262(K)(3).

 

(c) "Brand name drug" means a drug that is produced or distributed pursuant to:

 

(1) an original, new drug application approved under United States Code, title 21, section 355(c), except for a generic drug as defined under Code of Federal Regulations, title 42, section 447.502; or

 

(2) a biologics license application approved under United States Code, title 45, section 262(a)(c).

 

(d) "Commissioner" means the commissioner of health.

 

(e) "Generic drug" means a drug that is marketed or distributed as:

 

(1) an abbreviated new drug application approved under United States Code, title 21, section 355(j);

 

(2) an authorized generic drug as defined under Code of Federal Regulations, title 45, section 447.502; or

 

(3) a drug that entered the market the year before 1962 and was not originally marketed under a new drug application.

 

(f) "Manufacturer" means a drug manufacturer licensed under section 151.252.

 

(g) "New prescription drug" or "new drug" means a prescription drug approved for marketing by the United States Food and Drug Administration for which no previous wholesale acquisition cost has been established for comparison.

 

(h) "Patient assistance program" means a program that a manufacturer offers to the public in which a consumer may reduce the consumer's out-of-pocket costs for prescription drugs by using coupons, discount cards, prepaid gift cards, manufacturer debit cards, or by other means.

 

(i) "Prescription drug" or "drug" has the meaning provided in section 151.441, subdivision 8.

 

(j) "Price" means the wholesale acquisition cost as defined in United States Code, title 42, section 1395w‑3a(c)(6)(B).


Journal of the House - 73rd Day - Wednesday, March 11, 2020 - Top of Page 6945

Subd. 3.  Prescription drug price increases reporting.  (a) Beginning October 1, 2021, a drug manufacturer must submit to the commissioner the information described in paragraph (b) for each prescription drug for which the price was $100 or greater for a 30-day supply or for a course of treatment lasting less than 30 days and:

 

(1) for brand name drugs where there is an increase of ten percent or greater in the price over the previous 12‑month period or an increase of 16 percent or greater in the price over the previous 24-month period; and

 

(2) for generic drugs where there is an increase of 50 percent or greater in the price over the previous 12-month period.

 

(b) For each of the drugs described in paragraph (a), the manufacturer shall submit to the commissioner no later than 60 days after the price increase goes into effect, in the form and manner prescribed by the commissioner, the following information, if applicable: 

 

(1) the name and price of the drug and the net increase, expressed as a percentage;

 

(2) the factors that contributed to the price increase;

 

(3) the name of any generic version of the prescription drug available on the market;

 

(4) the introductory price of the prescription drug when it was approved for marketing by the Food and Drug Administration and the net yearly increase, by calendar year, in the price of the prescription drug during the previous five years;

 

(5) the direct costs incurred by the manufacturer that are associated with the prescription drug, listed separately:

 

(i) to manufacture the prescription drug;

 

(ii) to market the prescription drug, including advertising costs; and

 

(iii) to distribute the prescription drug;

 

(6) the total sales revenue for the prescription drug during the previous 12-month period;

 

(7) the manufacturer's net profit attributable to the prescription drug during the previous 12-month period;

 

(8) the total amount of financial assistance the manufacturer has provided through patient prescription assistance programs, if applicable;

 

(9) any agreement between a manufacturer and another entity contingent upon any delay in offering to market a generic version of the prescription drug;

 

(10) the patent expiration date of the prescription drug if it is under patent;

 

(11) the name and location of the company that manufactured the drug; and

 

(12) if a brand name prescription drug, the ten highest prices paid for the prescription drug during the previous calendar year in any country other than the United States.

 

(c) The manufacturer may submit any documentation necessary to support the information reported under this subdivision.


Journal of the House - 73rd Day - Wednesday, March 11, 2020 - Top of Page 6946

Subd. 4.  New prescription drug price reporting.  (a) Beginning October 1, 2021, no later than 60 days after a manufacturer introduces a new prescription drug for sale in the United States that is a new brand name drug with a price that is greater than the tier threshold established by the Centers for Medicare and Medicaid Services for specialty drugs in the Medicare Part D program for a 30-day supply or a new generic or biosimilar drug with a price that is greater than the tier threshold established by the Centers for Medicare and Medicaid Services for specialty drugs in the Medicare Part D program for a 30-day supply and is not at least 15 percent lower in price than the referenced brand name drug when the generic or biosimilar drug is launched, the manufacturer must submit to the commissioner, in the form and manner prescribed by the commissioner, the following information, if applicable:

 

(1) the price of the prescription drug;

 

(2) whether the Food and Drug Administration granted the new prescription drug a breakthrough therapy designation or a priority review;

 

(3) the direct costs incurred by the manufacturer that are associated with the prescription drug, listed separately: 

 

(i) to manufacture the prescription drug;

 

(ii) to market the prescription drug, including advertising costs; and

 

(iii) to distribute the prescription drug; and

 

(4) the patent expiration date of the drug if it is under patent.

 

(b) The manufacturer may submit documentation necessary to support the information reported under this subdivision.

 

Subd. 5.  Newly acquired prescription drug price reporting.  (a) Beginning October 1, 2021, the acquiring drug manufacturer must submit to the commissioner the information described in paragraph (b) for each newly acquired prescription drug for which the price was $100 or greater for a 30-day supply or for a course of treatment lasting less than 30 days and:

 

(1) for a newly acquired brand name drug where there is an increase of ten percent or greater in the price over the previous 12-month period or an increase of 16 percent or greater in the price over the previous 24-month period; and

 

(2) for a newly acquired generic drug where there is an increase of 50 percent or greater in the price over the previous 12-month period.

 

(b) For each of the drugs described in paragraph (a), the acquiring manufacturer shall submit to the commissioner no later than 60 days after the acquiring manufacturer begins to sell the newly acquired drug, in the form and manner prescribed by the commissioner, the following information, if applicable:

 

(1) the price of the prescription drug at the time of acquisition and in the calendar year prior to acquisition;

 

(2) the name of the company from which the prescription drug was acquired, the date acquired, and the purchase price;

 

(3) the year the prescription drug was introduced to market and the price of the prescription drug at the time of introduction;

 

(4) the price of the prescription drug for the previous five years;


Journal of the House - 73rd Day - Wednesday, March 11, 2020 - Top of Page 6947

(5) any agreement between a manufacturer and another entity contingent upon any delay in offering to market a generic version of the manufacturer's drug; and

 

(6) the patent expiration date of the drug if it is under patent.

 

(c) The manufacturer may submit any documentation necessary to support the information reported under this subdivision. 

 

Subd. 6.  Public posting of prescription drug price information.  (a) The commissioner shall post on the department's website, or may contract with a private entity or consortium that satisfies the standards of section 62U.04, subdivision 6, to post the following information:

 

(1) a list of the prescription drugs reported under subdivisions 3, 4, and 5, and the manufacturers of those prescription drugs; and

 

(2) information reported to the commissioner under subdivisions 3, 4, and 5. 

 

(b) The information must be published in an easy-to-read format and in a manner that identifies the information that is disclosed on a per-drug basis and must not be aggregated in a manner that prevents the identification of the prescription drug.

 

(c) The commissioner shall not post on the department's website, or a private entity contracting with the commissioner shall not post, any information described in this section if the information is not public data under section 13.02, subdivision 8a; is trade secret information under section 13.37, subdivision 1, paragraph (b); or is trade secret information pursuant to the Defend Trade Secrets Act of 2016, United States Code, title 18, section 1836, as amended.  If a manufacturer believes information should be withheld from public disclosure pursuant to this paragraph, the manufacturer must clearly and specifically identify that information and describe the legal basis in writing when the manufacturer submits the information under this section.  If the commissioner disagrees with the manufacturer's request to withhold information from public disclosure, the commissioner shall provide the manufacturer written notice that the information will be publicly posted 30 days after the date of the notice.

 

(d) If the commissioner withholds any information from public disclosure pursuant to this subdivision, the commissioner shall post to the department's website a report describing the nature of the information and the commissioner's basis for withholding the information from disclosure.

 

Subd. 7.  Consultation.  (a) The commissioner may consult with a private entity or consortium that satisfies the standards of section 62U.04, subdivision 6; the University of Minnesota; or the commissioner of commerce, as appropriate, in issuing the form and format of the information reported under this section in posting information pursuant to subdivision 6 and in taking any other action for the purpose of implementing this section.

 

(b) The commissioner may consult with representatives of the manufacturers to establish a standard format for reporting information under this section and may use existing reporting methodologies to establish a standard format to minimize administrative burdens to the state and manufacturers. 

 

Subd. 8.  Enforcement and penalties.  (a) A manufacturer may be subject to a civil penalty, as provided in paragraph (b), for:

 

(1) failing to submit timely reports or notices as required by this section;

 

(2) failing to provide information required under this section; or


Journal of the House - 73rd Day - Wednesday, March 11, 2020 - Top of Page 6948

(3) providing inaccurate or incomplete information under this section.

 

(b) The commissioner shall adopt a schedule of civil penalties, not to exceed $10,000 per day of violation, based on the severity of each violation.

 

(c) The commissioner shall impose civil penalties under this section as provided in section 144.99, subdivision 4.

 

(d) The commissioner may remit or mitigate civil penalties under this section upon terms and conditions the commissioner considers proper and consistent with public health and safety.

 

(e) Civil penalties collected under this section shall be deposited in the health care access fund.

 

Subd. 9.  Legislative report.  (a) No later than January 15 of each year, beginning January 15, 2022, the commissioner shall report to the chairs and ranking minority members of the legislative committees with jurisdiction over commerce and health and human services policy and finance on the implementation of this section, including but not limited to the effectiveness in addressing the following goals:

 

(1) promoting transparency in pharmaceutical pricing for the state and other payers;

 

(2) enhancing the understanding on pharmaceutical spending trends; and

 

(3) assisting the state and other payers in the management of pharmaceutical costs.

 

(b) The report must include a summary of the information submitted to the commissioner under subdivisions 3, 4, and 5."

 

Delete the title and insert:

 

"A bill for an act relating to health; establishing the Prescription Drug Price Transparency Act; requiring drug manufacturers to submit drug price information to the commissioner of health; providing civil penalties; requiring a report; proposing coding for new law in Minnesota Statutes, chapter 62J."

 

 

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.

 

 

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

 

H. F. No. 1257, A bill for an act relating to health care coverage; requiring prescription drug benefit transparency and disclosure; amending Minnesota Statutes 2018, section 256B.69, subdivision 6; proposing coding for new law in Minnesota Statutes, chapter 62Q.

 

Reported the same back with the following amendments:


Journal of the House - 73rd Day - Wednesday, March 11, 2020 - Top of Page 6949

Delete everything after the enacting clause and insert:

 

"Section 1.  [62Q.83] PRESCRIPTION DRUG BENEFIT TRANSPARENCY AND MANAGEMENT.

 

Subdivision 1.  Definitions.  (a) For purposes of this section, the following terms have the meanings given them.

 

(b) "Drug" has the meaning given in section 151.01, subdivision 5.

 

(c) "Enrollee contract term" means the 12-month term during which benefits associated with health plan company products are in effect.  For managed care plans and county-based purchasing plans under section 256B.69 and chapter 256L, it means a single calendar quarter.

 

(d) "Formulary" means a list of prescription drugs that have been developed by clinical and pharmacy experts and represents the health plan company's medically appropriate and cost-effective prescription drugs approved for use.

 

(e) "Health plan company" has the meaning given in section 62Q.01, subdivision 4, and includes an entity that performs pharmacy benefits management for the health plan company.

 

(f) "Pharmacy benefits management" means the administration or management of prescription drug benefits provided by the health plan company for the benefit of its enrollees and may include but is not limited to procurement of prescription drugs, clinical formulary development and management services, claims processing, and rebate contracting and administration.

 

(g) "Prescription" has the meaning given in section 151.01, subdivision 16a.

 

Subd. 2.  Prescription drug benefit disclosure.  (a) A health plan company that provides prescription drug benefit coverage and uses a formulary must make its formulary and related benefit information available by electronic means and, upon request, in writing at least 30 days prior to annual renewal dates.

 

(b) Formularies must be organized and disclosed consistent with the most recent version of the United States Pharmacopeia's Model Guidelines.

 

(c) For each item or category of items on the formulary, the specific enrollee benefit terms must be identified, including enrollee cost-sharing and expected out-of-pocket costs.

 

Subd. 3.  Formulary changes.  (a) Once a formulary has been established, a health plan company may, at any time during the enrollee's contract term:

 

(1) expand its formulary by adding drugs to the formulary;

 

(2) reduce co-payments or coinsurance; or

 

(3) move a drug to a benefit category that reduces an enrollee's cost.

 

(b) A health plan company may remove a brand name drug from its formulary or place a brand name drug in a benefit category that increases an enrollee's cost only upon the addition to the formulary of a generic or multisource brand name drug rated as therapeutically equivalent according to the Food and Drug Administration (FDA) Orange Book or a biologic drug rated as interchangeable according to the FDA Purple Book at a lower cost to the enrollee and upon at least a 60-day notice to prescribers, pharmacists, and affected enrollees.


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(c) A health plan company may change utilization review requirements or move drugs to a benefit category that increases an enrollee's cost during the enrollee's contract term upon at least a 60-day notice to prescribers, pharmacists, and affected enrollees, provided that these changes do not apply to enrollees who are currently taking the drugs affected by these changes for the duration of the enrollee's contract term.

 

(d) A health plan company may remove any drugs from its formulary that have been deemed unsafe by the FDA; that have been withdrawn by either the FDA or the product manufacturer; or when an independent source of research, clinical guidelines, or evidence-based standards has issued drug-specific warnings or recommended changes in drug usage.

 

Sec. 2.  Minnesota Statutes 2018, section 256B.69, subdivision 6, is amended to read:

 

Subd. 6.  Service delivery.  (a) Each demonstration provider shall be responsible for the health care coordination for eligible individuals.  Demonstration providers:

 

(1) shall authorize and arrange for the provision of all needed health services including but not limited to the full range of services listed in sections 256B.02, subdivision 8, and 256B.0625 in order to ensure appropriate health care is delivered to enrollees.  Notwithstanding section 256B.0621, demonstration providers that provide nursing home and community-based services under this section shall provide relocation service coordination to enrolled persons age 65 and over;

 

(2) shall accept the prospective, per capita payment from the commissioner in return for the provision of comprehensive and coordinated health care services for eligible individuals enrolled in the program;

 

(3) may contract with other health care and social service practitioners to provide services to enrollees; and

 

(4) shall institute recipient grievance procedures according to the method established by the project, utilizing applicable requirements of chapter 62D.  Disputes not resolved through this process shall be appealable to the commissioner as provided in subdivision 11.

 

(b) Demonstration providers must comply with the standards for claims settlement under section 72A.201, subdivisions 4, 5, 7, and 8, when contracting with other health care and social service practitioners to provide services to enrollees.  A demonstration provider must pay a clean claim, as defined in Code of Federal Regulations, title 42, section 447.45(b), within 30 business days of the date of acceptance of the claim.

 

(c) Managed care plans and county-based purchasing plans must comply with section 62Q.83."

 

Delete the title and insert:

 

"A bill for an act relating to health care coverage; requiring prescription drug benefit transparency and disclosure; amending Minnesota Statutes 2018, section 256B.69, subdivision 6; proposing coding for new law in Minnesota Statutes, chapter 62Q."

 

 

With the recommendation that when so amended the bill be re-referred to the State Government Finance Division without further recommendation.

 

      The report was adopted.


Journal of the House - 73rd Day - Wednesday, March 11, 2020 - Top of Page 6951

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

 

H. F. No. 1405, A bill for an act relating to energy; establishing the Clean Energy First Act; requiring electric utilities to meet resource needs using clean energy resources; amending Minnesota Statutes 2018, sections 216B.16, subdivisions 6, 13; 216B.1645, subdivisions 1, 2; 216B.1691, subdivision 9; 216B.2422, subdivisions 1, 2, 4, 5, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 216C.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  TITLE.

 

Sections 2 to 22 shall be referred to as the "Clean Energy First Act."

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 2.  Minnesota Statutes 2018, section 216B.16, subdivision 13, is amended to read:

 

Subd. 13.  Economic and community development.  The commission may allow a public utility to recover from ratepayers the expenses incurred for (1) economic and community development, and (2) efforts to maximize employment of local workers to construct and maintain generation facilities that supply power to the utility's customers.  The commission must, to the maximum extent possible, prioritize the hiring of workers from communities hosting retiring power plants, including but not limited to Becker, Monticello, Oak Park Heights, and Red Wing.

 

Sec. 3.  Minnesota Statutes 2018, section 216B.1645, subdivision 1, is amended to read:

 

Subdivision 1.  Commission authority.  Upon the petition of a public utility, the Public Utilities Commission shall approve or disapprove power purchase contracts, investments, or expenditures entered into or made by the utility to satisfy the wind and biomass mandates contained in sections 216B.169, 216B.2423, and 216B.2424, and to satisfy the renewable energy objectives and standards set forth in section 216B.1691, including reasonable investments and expenditures, net of revenues, made to:

 

(1) transmit the electricity generated from sources developed under those sections that is ultimately used to provide service to the utility's retail customers, including studies necessary to identify new transmission facilities needed to transmit electricity to Minnesota retail customers from generating facilities constructed to satisfy the renewable energy objectives and standards, provided that the costs of the studies have not been recovered previously under existing tariffs and the utility has filed an application for a certificate of need or for certification as a priority project under section 216B.2425 for the new transmission facilities identified in the studies;

 

(2) provide storage facilities for renewable energy generation facilities that contribute to the reliability, efficiency, or cost-effectiveness of the renewable facilities; or

 

(3) develop renewable energy sources from the account required in section 116C.779.; or

 

(4) upgrade or modify existing transmission facilities used primarily to transmit electricity generated by a clean energy resource, as defined in section 216B.2422, subdivision 1, paragraph (f), regardless of whether the public utility has satisfied the standards set forth in section 216B.1691.


Journal of the House - 73rd Day - Wednesday, March 11, 2020 - Top of Page 6952

Sec. 4.  Minnesota Statutes 2018, section 216B.1645, subdivision 2, is amended to read:

 

Subd. 2.  Cost recovery.  (a) The expenses incurred by the utility over the duration of the approved contract or useful life of the investment and, expenditures made pursuant to section 116C.779 shall be, and efforts to maximize employment of local workers to construct and maintain generation facilities that supply power to the utility's customers are recoverable from the ratepayers of the utility, to the extent they are not offset by utility revenues attributable to the contracts, investments, or expenditures.  The commission must, to the maximum extent possible, prioritize the hiring of workers from communities hosting retiring power plants, including but not limited to Becker, Monticello, Oak Park Heights, and Red Wing.

 

(b) Upon petition by a public utility, the commission shall approve or approve as modified a rate schedule providing for the automatic adjustment of charges to recover the expenses or costs approved by the commission under subdivision 1, which, in the case of transmission expenditures, are limited to the portion of actual transmission costs that are directly allocable to the need to transmit power from the renewable sources of energy. 

 

(c) The commission may not approve recovery of the costs for that portion of the power generated from sources governed by this section that the utility sells into the wholesale market.

 

Sec. 5.  [216B.1682] ELECTRICITY RATES; WEBSITE POSTING.

 

(a) A utility providing retail electric service to customers in Minnesota must post on its website a copy of the current rate schedules available to each customer class, including:

 

(1) the amount of any demand charge that is paid monthly regardless of the amount of the customer's electricity consumption;

 

(2) the amount paid per kilowatt-hour of electricity consumed, including how the rate changes with the amount of electricity consumed and the season or time of day when the electricity is consumed, as applicable; and

 

(3) any other relevant factors, terms, or conditions that directly impact a customer's bill, excluding rate riders.

 

(b) A utility must update the posted rate schedules required under this section within 30 days of the date any change is made.

 

(c) A utility must submit a copy of all postings required under this section to the commission within 30 days of the date the posting is made.

 

(d) Within 30 days of the date the commission receives a posting under paragraph (c), the commission must post on its website the most recent copy of the utility's rate schedule submitted to the commission under this section.

 

EFFECTIVE DATE; APPLICATION.  This section is effective the day following final enactment.  A utility providing retail electric service must comply with this section no later than September 1, 2020.

 

Sec. 6.  [216B.1683] UTILITY FINANCIAL INCENTIVES; BILL INSERTS.

 

(a) By September 1, 2020, and continuing at least twice annually beginning in 2021, a utility providing retail electric service to customers in Minnesota must include with each customer's electricity bill, including bills delivered electronically, information regarding financial incentives provided by the utility to encourage customers to:

 

(1) implement energy conservation improvements and measures that increase energy efficiency; and


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(2) use electricity that is generated from renewable energy sources.

 

(b) The utility must send a copy of the information provided to customers under paragraph (a) to the commission.

 

(c) For the purposes of this section, the following terms have the meanings given:

 

(1) "energy conservation improvement" has the meaning given in section 216B.241, subdivision 1, paragraph (e);

 

(2) "energy efficiency" has the meaning given in section 216B.241, subdivision 1, paragraph (f); and

 

(3) "renewable energy" has the meaning given in section 216B.2422, subdivision 1, paragraph (c).

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 7.  Minnesota Statutes 2018, section 216B.1691, subdivision 9, is amended to read:

 

Subd. 9.  Local benefits.  The commission shall take all reasonable actions within its statutory authority to ensure this section is implemented to maximize benefits to Minnesota citizens and local workers as defined in section 216B.2422, subdivision 1, balancing factors such as local ownership of or participation in energy production, local job impacts as defined in section 216B.2422, subdivision 1, development and ownership of eligible energy technology facilities by independent power producers, Minnesota utility ownership of eligible energy technology facilities, the costs of energy generation to satisfy the renewable standard, and the reliability of electric service to Minnesotans.

 

Sec. 8.  [216B.1697] ELECTRIC UTILITY REPORTS TO CUSTOMERS; GENERATION SOURCES AND ENVIRONMENTAL IMPACTS.

 

(a) The commission must develop a uniform reporting format that all utilities providing retail electric service to customers in Minnesota must use to report to customers as required under this section.

 

(b) By April 1, 2021, and by April 1 each year thereafter, a utility providing retail electric service to customers in Minnesota must report the information required by this section for the previous calendar year.  The report must be included in an easily understood presentation as part of a customer's monthly electric bill.

 

(c) The uniform report format developed by the commission must provide for reporting of the following information each calendar year:

 

(1) the average proportion of each technology or fuel source used to generate all electricity sold at retail to the utility's Minnesota retail customers, including but not limited to coal, natural gas, nuclear fuel, wind, solar, hydropower, solid waste incineration, and biomass.  Electricity purchased by a utility from the Midcontinent Independent System Operator must reflect the system's average fuel mix during the calendar year;

 

(2) for each megawatt-hour of electricity sold by a utility to Minnesota retail customers, the average number of pounds each of carbon dioxide, sulfur dioxide, and nitrogen oxides released into the atmosphere as a result of generating the electricity.  For electricity purchased by a utility from the Midcontinent Independent System Operator, the commission must:

 

(i) determine default values for each pollutant listed in this clause per megawatt-hour of electricity purchased;

 

(ii) share the default values with all utilities subject to this section; and


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(iii) update the default values annually; and

 

(3) for each megawatt-hour of electricity sold by a utility to Minnesota retail customers that is generated from nuclear fuel, the number of pounds of nuclear waste produced.

 

(d) Within 15 days after the date the information required under this section is distributed with a customer's monthly bill, the utility compiling the information must place the information on its website.

 

(e) A utility subject to this section must forward a copy of the information required under this section to the commission.  The commission must place the information on the commission's website and must update the information as necessary.

 

EFFECTIVE DATE; APPLICATION.  This section is effective the day following final enactment.  The commission must develop the uniform reporting format required under this section no later than January 1, 2021.

 

Sec. 9.  Minnesota Statutes 2019 Supplement, section 216B.2422, subdivision 1, is amended to read:

 

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

 

(b) "Utility" means an entity with the capability of generating 100,000 kilowatts or more of electric power and serving, either directly or indirectly, the needs of 10,000 retail customers in Minnesota.  Utility does not include federal power agencies.

 

(c) "Renewable energy" means electricity generated through use of any of the following resources:

 

(1) wind;

 

(2) solar;

 

(3) geothermal;

 

(4) hydro;

 

(5) trees or other vegetation;

 

(6) landfill gas; or

 

(7) predominantly organic components of wastewater effluent, sludge, or related by-products from publicly owned treatment works, but not including incineration of wastewater sludge.

 

(d) "Resource plan" means a set of resource options that a utility could use to meet the service needs of its customers over a forecast period, including an explanation of the supply and demand circumstances under which, and the extent to which, each resource option would be used to meet those service needs.  These resource options include using, refurbishing, and constructing utility plant and equipment, buying power generated by other entities, controlling customer loads, and implementing customer energy conservation.

 

(e) "Refurbish" means to rebuild or substantially modify an existing electricity generating resource of 30 megawatts or greater.


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(f) "Energy storage system" means a commercially available technology that:

 

(1) uses mechanical, chemical, or thermal processes to:

 

(i) store energy, including energy generated from renewable resources and energy that would otherwise be wasted, and deliver the stored energy for use at a later time; or

 

(ii) store thermal energy for direct use for heating or cooling at a later time in a manner that reduces the demand for electricity at the later time;

 

(2) is composed of stationary equipment;

 

(3) if being used for electric grid benefits, is operationally visible and capable of being controlled by the distribution or transmission entity managing it, to enable and optimize the safe and reliable operation of the electric system; and

 

(4) achieves any of the following:

 

(i) reduces peak or electrical demand;

 

(ii) defers the need or substitutes for an investment in electric generation, transmission, or distribution assets;

 

(iii) improves the reliable operation of the electrical transmission or distribution systems, while ensuring transmission or distribution needs are not created; or

 

(iv) lowers customer costs by storing energy when the cost of generating or purchasing it is low and delivering it to customers when the costs are high.

 

(g) "Clean energy resource" means renewable energy; an energy storage system; energy efficiency, as defined in section 216B.241, subdivision 1, paragraph (f); or load management, as defined in section 216B.241, subdivision 1, paragraph (k). 

 

(h) "Carbon-free resource" means a generation technology that, when operating, does not contribute to statewide greenhouse gas emissions, as defined in section 216H.01, subdivision 2.  Carbon-free resource does not include a nuclear-powered electric generation facility operating in Minnesota on the effective date of this act.

 

(i) "Nonrenewable energy facility" means a generation facility, other than a nuclear facility, that does not use a renewable energy or other clean energy resource.

 

(j) "Local job impacts" means the impacts of an integrated resource plan, a certificate of need, a power purchase agreement, or commission approval of a new or refurbished electric generation facility on the availability of high‑quality construction and mining employment opportunities for local workers.

 

(k) "Local workers" means workers employed to construct and maintain energy infrastructure, or employed in a mining industry, that are Minnesota residents, residents of the utility's service territory, or who permanently reside within 150 miles of a proposed new or refurbished energy facility.


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Sec. 10.  Minnesota Statutes 2018, section 216B.2422, subdivision 2, is amended to read:

 

Subd. 2.  Resource plan filing and approval.  (a) A utility shall file a resource plan with the commission periodically in accordance with rules adopted by the commission.  The commission shall approve, reject, or modify the plan of a public utility, as defined in section 216B.02, subdivision 4, consistent with the public interest.

 

(b) In the resource plan proceedings of all other utilities, the commission's order shall be advisory and the order's findings and conclusions shall constitute prima facie evidence which may be rebutted by substantial evidence in all other proceedings.  With respect to utilities other than those defined in section 216B.02, subdivision 4, the commission shall consider the filing requirements and decisions in any comparable proceedings in another jurisdiction.

 

(c) As a part of its resource plan filing, a utility shall include the least cost plan for meeting 50 and, 75, and 100 percent of all energy needs from both new and refurbished generating facilities through a combination of conservation clean energy and renewable energy carbon-free resources.

 

Sec. 11.  Minnesota Statutes 2018, section 216B.2422, is amended by adding a subdivision to read:

 

Subd. 2d.  Seasonal operations analysis.  (a) Each utility required to file a resource plan under subdivision 2 must include in the plan an analysis of the economic and environmental costs and benefits of operating each of its coal-fired electric generating units on a seasonal basis.  The analysis must include:

 

(1) an estimate of the amount of excess generating capacity on the utility's grid for each of the next three years;

 

(2) a list of the dates on which each coal-fired electric generating unit was not committed to the Midcontinent Independent System Operator as a result of economics for the three most recent years;

 

(3) a comparison of the estimated reduction in variable costs to operate each unit on a seasonal basis for each of the next three years, including but not limited to operations costs, maintenance costs, and capital expenditures, with the concomitant reduction in revenues;

 

(4) the estimated reduction in carbon dioxide and criteria pollutant emissions at units operating on a seasonal basis for each of the next three years, and projections of the economic value of those reductions calculated using the environmental costs established by the commission under subdivision 3;

 

(5) the impact of seasonal operation on the reliability of the utility's grid;

 

(6) the impact of different Midcontinent Independent System Operator auction clearing prices on the economics of seasonal operation;

 

(7) how seasonal operations might require modification in order to comply with Midcontinent Independent System Operator and Federal Energy Regulatory Commission rules and regulations;

 

(8) additional operational flexibility that may be required in order to meet contingencies that develop under seasonal operation; and

 

(9) any other information requested by the commission.

 

(b) For the purposes of this subdivision, "seasonal operation" or "seasonal basis" means operating a coal-fired electric generating unit only during the months of June through August and December through February, while retaining the ability to restart the idled plant in other months.

 

EFFECTIVE DATE.  This section is effective January 1, 2021, and applies to any integrated resource plan filed on or after that date.


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Sec. 12.  Minnesota Statutes 2018, section 216B.2422, subdivision 3, is amended to read:

 

Subd. 3.  Environmental costs.  (a) The commission shall, to the extent practicable, quantify and establish a range of environmental costs associated with each method of electricity generation.  A utility shall use the values established by the commission in conjunction with other external factors, including socioeconomic costs, when evaluating and selecting resource options in all proceedings before the commission, including power purchase agreement, resource plan, and certificate of need proceedings.  When evaluating resource options, the commission must include and consider the environmental cost values adopted under this subdivision.  When considering the costs of a nonrenewable energy facility under this section, the commission must consider only nonzero values for the environmental costs that must be analyzed under this subdivision, including both the low and high values of any cost range adopted by the commission.

 

(b) The commission shall establish interim environmental cost values associated with each method of electricity generation by March 1, 1994.  These values expire on the date the commission establishes environmental cost values under paragraph (a).

 

Sec. 13.  Minnesota Statutes 2018, section 216B.2422, is amended by adding a subdivision to read:

 

Subd. 3a.  Favored electricity resources; state policy.  It is the policy of the state that, in order to hasten the achievement of the greenhouse gas reduction goals under section 216H.02, the renewable energy standard under section 216B.1691, subdivision 2a, and the solar energy standard under section 216B.1691, subdivision 2f, and given the significant and continuing reductions in the cost of wind technologies, solar technologies, energy storage systems, and demand-response technologies, the favored method to meet electricity demand in Minnesota is a combination of clean energy resources.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 14.  Minnesota Statutes 2018, section 216B.2422, is amended by adding a subdivision to read:

 

Subd. 3b.  Nonrenewable energy facility; required analysis.  (a) In an application requesting the commission to approve the construction, refurbishing, or purchase of energy or capacity from a nonrenewable energy facility in an integrated resource plan, a power purchase agreement, or any other proceeding, a utility must include, at a minimum, the information required under this subdivision.

 

(b) A utility must include plans to meet 50, 75, and 100 percent of the energy or capacity provided by the proposed nonrenewable energy facility using the least costly combination of clean energy and carbon-free resources.

 

(c) When analyzing costs under this subdivision, a utility must include the environmental costs most recently adopted by the commission for carbon dioxide emissions and criteria air pollutants, and socioeconomic costs required under subdivision 3, using both the low and high ends of any cost range adopted by the commission.  When considering the costs of a nonrenewable energy facility under this section, the commission must consider only nonzero values for the environmental costs that must be analyzed under subdivision 3, including both the low and high values of any cost range adopted by the commission.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 15.  Minnesota Statutes 2018, section 216B.2422, subdivision 4, is amended to read:

 

Subd. 4.  Preference for renewable energy facility clean energy resources.  (a) In order to achieve the greenhouse gas reduction goals under section 216H.02, and the renewable and solar energy standards under section 216B.1691, the commission shall not (1) approve a new or refurbished nonrenewable energy facility in an integrated


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resource plan or a certificate of need, pursuant to under section 216B.243, nor shall the commission or in any proceeding in which a utility seeks to construct an electric generating facility or procure electricity or capacity, (2) approve a power purchase agreement for power with a nonrenewable energy facility, or (3) allow rate recovery pursuant to under section 216B.16 for such a nonrenewable energy facility, unless the utility has demonstrated by clear and convincing evidence that a renewable energy facility, alone or in combination with other clean energy resources, is not in the public interest.  When making the public interest determination, the commission must consider:

 

(1) whether the resource plan helps the utility achieve the greenhouse gas reduction goals under section 216H.02, the renewable energy standard under section 216B.1691, or the solar energy standard under section 216B.1691, subdivision 2f;

 

(2) impacts on local and regional grid reliability;

 

(3) utility and ratepayer impacts resulting from the intermittent nature of renewable energy facilities, including but not limited to the costs of purchasing wholesale electricity in the market and the costs of providing ancillary services; and

 

(4) utility and ratepayer impacts resulting from reduced exposure to fuel price volatility, changes in transmission costs, portfolio diversification, and environmental compliance costs.

 

(b) In order to find that a renewable energy facility, alone or in combination with other clean energy resources, is not in the public interest, the commission must find by clear and convincing evidence that utilizing renewable or clean energy resources to meet the need for resources cannot be done affordably or reliably.

 

(c) To determine affordability, the commission must consider utility and ratepayer effects resulting from:

 

(1) the intermittent nature of renewable energy facilities, including but not limited to the costs to purchase wholesale electricity in the market and the costs to provide ancillary services;

 

(2) reduced exposure to fuel price volatility and changes in transmission and distribution costs, portfolio diversification, and environmental compliance costs; and

 

(3) other environmental costs of a nonrenewable energy facility, as determined by the commission under subdivision 3.

 

(d) To determine reliability, the commission must consider:

 

(1) effects on regional grid reliability; and

 

(2) the ability of the proposed energy resources or facilities to provide:

 

(i) essential reliability services, including frequency response, balancing services, and voltage control; and

 

(ii) energy and capacity.

 

(e) When considering the costs of a nonrenewable energy facility under this section, the commission must consider only nonzero values for the environmental costs that must be analyzed under subdivision 3, including both the low and high values of any cost range adopted by the commission.


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(f) The commission must make a written determination of its findings and conclusions regarding affordability and reliability under this subdivision.  The commission must also make a written determination as to whether the energy resources approved by the commission:  (1) help the state achieve the greenhouse gas reduction goals under section 216H.02; or (2) help the utility achieve the renewable energy standard under section 216B.1691 or the solar energy standard under section 216B.1691, subdivision 2f.

 

(g) If the commission approves a resource plan that includes the retirement of a nonrenewable energy facility owned by a public utility, the public utility shall own at least an amount of the accredited capacity of clean energy resources equal to the percentage of the retiring nonrenewable energy facility that remains undepreciated multiplied by the accredited capacity of the retiring facility, and owns the transmission and other facilities necessary to replace the accredited capacity of the retiring facility, provided:

 

(1) the utility demonstrates its ownership of replacement resources is in the public interest, considering customer impacts and benefits; and

 

(2) the resource plan results in the utility meeting the following standards:

 

(i) for an electric utility that owned a nuclear generating facility as of January 1, 2007, at least 85 percent of its electric supply by the year 2030 and until 2045, and 100 percent of its electric supply by the year 2045 and thereafter, is generated by resources that do not contribute to statewide greenhouse gas emissions, as defined in section 216H.01, subdivision 2; and

 

(ii) for an electric utility that did not own a nuclear generating facility as of January 1, 2007, at least 80 percent of its electric supply by the year 2030 and until 2050, and 100 percent of its electric supply by the year 2050 and thereafter, is generated by resources that do not contribute to statewide greenhouse gas emissions, as defined in section 216H.01, subdivision 2.

 

(h) Nothing in this section impacts a utility's decision to continue operating a nuclear facility that is generating energy in Minnesota as of June 1, 2020.  If a decision is made to retire an existing nuclear unit, the process in paragraphs (a) to (g) applies to the process to identify replacement resources.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 16.  Minnesota Statutes 2018, section 216B.2422, is amended by adding a subdivision to read:

 

Subd. 4a.  Preference for local job creation.  As a part of its resource plan filing, a utility must report on associated local job impacts and the steps the utility and its energy suppliers and contractors are taking to maximize the availability of construction employment opportunities for local workers.  The commission must consider local job impacts and give preference to proposals that maximize the creation of construction employment opportunities for local workers, consistent with the public interest, when evaluating any utility proposal that involves the selection or construction of facilities used to generate or deliver energy to serve the utility's customers, including but not limited to an integrated resource plan, a certificate of need, a power purchase agreement, or commission approval of a new or refurbished electric generation facility.  The commission must, to the maximum extent possible, prioritize the hiring of workers from communities hosting retiring power plants, including but not limited to Becker, Monticello, Oak Park Heights, and Red Wing.

 

Sec. 17.  Minnesota Statutes 2018, section 216B.2422, subdivision 5, is amended to read:

 

Subd. 5.  Bidding; exemption from certificate of need proceeding.  (a) A utility may select resources to meet its projected energy demand through a bidding process approved or established by the commission.  A utility shall use the environmental cost estimates determined under subdivision 3 and consider local job impacts in evaluating bids submitted in a process established under this subdivision.


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(b) Notwithstanding any other provision of this section, if an electric power generating plant, as described in section 216B.2421, subdivision 2, clause (1), is selected in a bidding process approved or established by the commission, a certificate of need proceeding under section 216B.243 is not required.

 

(c) A certificate of need proceeding is also not required for an electric power generating plant that has been selected in a bidding process approved or established by the commission, or such other selection process approved by the commission, to satisfy, in whole or in part, the wind power mandate of section 216B.2423 or the biomass mandate of section 216B.2424.

 

Sec. 18.  Minnesota Statutes 2018, section 216B.2422, is amended by adding a subdivision to read:

 

Subd. 8.  Transmission planning in advance of generation retirement.  A utility must identify in its resource plan each nonrenewable resource on the utility's system that has a depreciation term, probable service life, or operating license term that will end within 15 years of the resource plan filing date.  For each resource identified, the utility must include in its resource plan an initial plan to (1) replace the resource if retired, and (2) upgrade any transmission or other grid capabilities needed to support the retirement of that resource.

 

Sec. 19.  [216B.2427] SEASONAL OPERATIONS; PILOT PROJECT PLAN.

 

(a) A public utility may file a plan, as part of an integrated resource plan or via a separate filing, for the commission to review and approve the public utility's implementation of a pilot project to operate one or more of its coal-fired electric generating facilities on a seasonal basis.  The plan must include:

 

(1) the analysis required under section 216B.2422, subdivision 2d;

 

(2) the proposed changes in operation and the duration of the changes;

 

(3) a description of the data collected from the pilot project;

 

(4) how the public utility proposes to evaluate the data collected;

 

(5) protections employed by the public utility to ensure the pilot project does not unreasonably increase rates to ratepayers or negatively impact the utility's ability to provide reliable electric service; and

 

(6) a schedule of reports made by the public utility to the commission during and after the operation of the pilot project, and the data and analyses contained in the reports.

 

(b) The commission may approve, modify, or reject a plan.  A public utility may decide to not implement a plan modified by the commission.

 

(c) The commission may approve a plan if it finds that the plan:

 

(1) produces useful information on the costs and benefits of seasonal operations as a means of reducing the electric utility's greenhouse gas emissions;

 

(2) does not jeopardize reliable electric service to ratepayers; and

 

(3) does not unreasonably increase electric rates.

 

(d) A public utility implementing an approved pilot project under this section is authorized to recover prudently incurred costs, including fuel costs, resulting from the plan's implementation.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.


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Sec. 20.  [216B.2428] SEASONAL OPERATIONS; ENERGY CLAUSE ADJUSTMENT.

 

An electric utility may propose seasonal operation of one or more of its coal-fired electric generating facilities through an energy clause adjustment under section 216B.16, subdivision 7.

 

Sec. 21.  [216C.45] POWER PLANT HOST COMMUNITY TRANSITION PLANNING.

 

The commissioner of commerce must coordinate with the commissioner of labor and industry and the commissioner of employment and economic development to develop plans, programs, and other recommendations to mitigate the impacts on host communities and workers resulting from the eventual retirement of large generation facilities.  The commissioners must coordinate this work with representatives of the local government units that host large generation facilities; the workers at large generation facilities, including full-time employees and contractors; and the utilities that own large generation facilities.

 

Sec. 22.  Minnesota Statutes 2018, section 216E.03, subdivision 10, is amended to read:

 

Subd. 10.  Final decision.  (a) No site permit shall be issued in violation of the site selection standards and criteria established in this section and in rules adopted by the commission.  When the commission designates a site, it shall issue a site permit to the applicant with any appropriate conditions.  The commission shall publish a notice of its decision in the State Register within 30 days of issuance of the site permit.

 

(b) No route permit shall be issued in violation of the route selection standards and criteria established in this section and in rules adopted by the commission.  When the commission designates a route, it shall issue a permit for the construction of a high-voltage transmission line specifying the design, routing, right-of-way preparation, and facility construction it deems necessary, and with any other appropriate conditions.  The commission may order the construction of high-voltage transmission line facilities that are capable of expansion in transmission capacity through multiple circuiting or design modifications.  The commission shall publish a notice of its decision in the State Register within 30 days of issuance of the permit.

 

(c) The commission must not issue an applicant a site permit to construct a large electric generating plant, or a site permit amendment for a repowering project, as defined in section 216B.243, subdivision 8, paragraph (b), unless the applicant certifies that all employees constructing the project are paid, at a minimum, the prevailing wage rate, as defined in section 177.42.  This paragraph also applies to a permit to construct or repower a large wind energy conversion system, as defined in section 216F.01, subdivision 2, with a capacity that exceeds 25 megawatts.

 

Sec. 23.  Minnesota Statutes 2018, section 216E.04, subdivision 9, is amended to read:

 

Subd. 9.  Final decision.  (a) No site permit shall be issued in violation of the site selection standards and criteria established in this section and in rules adopted by the commission.  When the commission designates a site, it shall issue a site permit to the applicant with any appropriate conditions.  The commission shall publish a notice of its decision in the State Register within 30 days of issuance of the site permit.

 

(b) No route designation shall be made in violation of the route selection standards and criteria established in this section and in rules adopted by the commission.  When the commission designates a route, it shall issue a permit for the construction of a high-voltage transmission line specifying the design, routing, right-of-way preparation, and facility construction it deems necessary and with any other appropriate conditions.  The commission may order the construction of high-voltage transmission line facilities that are capable of expansion in transmission capacity through multiple circuiting or design modifications.  The commission shall publish a notice of its decision in the State Register within 30 days of issuance of the permit.


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(c) The commission must not issue an applicant a site permit to construct a large electric generating plant, or a site permit amendment for a repowering project, as defined in section 216B.243, subdivision 8, paragraph (b), unless the applicant certifies that all employees constructing the project are paid, at a minimum, the prevailing wage rate, as defined in section 177.42.  This paragraph also applies to a permit to construct or repower a large wind energy conversion system, as defined in section 216F.01, subdivision 2, with a capacity that exceeds 25 megawatts.

 

Sec. 24.  Minnesota Statutes 2018, section 216F.04, is amended to read:

 

216F.04 SITE PERMIT.

 

(a) No person may construct an LWECS without a site permit issued by the Public Utilities Commission.

 

(b) Any person seeking to construct an LWECS shall submit an application to the commission for a site permit in accordance with this chapter and any rules adopted by the commission.  The permitted site need not be contiguous land.

 

(c) The commission shall make a final decision on an application for a site permit for an LWECS within 180 days after acceptance of a complete application by the commission.  The commission may extend this deadline for cause.

 

(d) The commission may place conditions in a permit and may deny, modify, suspend, or revoke a permit.

 

(e) The commission must not issue an applicant a site permit to construct an LWECS with a nameplate capacity exceeding 25 megawatts, or a site permit amendment for a repowering project, as defined in section 216B.243, subdivision 8, paragraph (b), unless the applicant certifies that all employees constructing the project are paid, at a minimum, the prevailing wage rate, as defined in section 177.42.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 25.  [216F.084] WIND TURBINE LIGHTING SYSTEMS.

 

Subdivision 1.  Definitions.  (a) For the purposes of this section, the following terms have the meanings given.

 

(b) "Duration" means the length of time during which the lights of a wind turbine lighting system are lit.

 

(c) "Intensity" means the brightness of a wind turbine lighting system's lights.

 

(d) "Light-mitigating technology" means a sensor-based system that reduces the duration or intensity of wind turbine lighting systems by:

 

(1) using radio frequency or other sensors to detect aircraft approaching one or more wind turbines, or detecting visibility conditions at turbine sites; and

 

(2) automatically activating appropriate obstruction lights until the lights are no longer needed by the aircraft and are turned off or dimmed.

 

A light-mitigating technology may include an audio feature that transmits an audible warning message to provide a pilot additional information regarding a wind turbine the aircraft is approaching.

 

(e) "Repowering project" has the meaning given in section 216B.243, subdivision 8, paragraph (b).


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(f) "Wind turbine lighting system" means a system of lights installed on an LWECS that meets the applicable Federal Aviation Administration requirements.

 

Subd. 2.  Application.  This section applies to an LWECS issued a site permit or site permit amendment by the commission under section 216F.04 or a county that has assumed responsibility for issuing site permits and site permit amendments for an LWECS under section 216F.08, provided that the application for a site permit or a site permit amendment for an LWECS repowering project is filed after July 1, 2020.

 

Subd. 3.  Required lighting system.  (a) An LWECS subject to this section must be equipped with a light‑mitigating technology that meets the requirements established in Chapter 14 of the Federal Aviation Administration's Advisory Circular 70/760-1, Obstruction Marking and Lighting, as updated, unless the Federal Aviation Administration, after reviewing the LWECS site plan, rejects the use of the light-mitigating technology for the LWECS.  A light-mitigating technology installed on a wind turbine in Minnesota must be purchased from a vendor approved by the Federal Aviation Administration.

 

(b) If the Federal Aviation Administration, after reviewing the LWECS site plan, rejects the use of a light‑mitigating technology for the LWECS under paragraph (a), the LWECS must be equipped with a wind turbine lighting system that minimizes the duration or intensity of the lighting system while maintaining full compliance with the lighting standards established in Chapter 13 of the Federal Aviation Administration's Advisory Circular 70/760-1, Obstruction Marking and Lighting, as updated.

 

Subd. 4.  Exemptions.  (a) The Public Utilities Commission or a county that has assumed permitting authority under section 216F.08 must grant an owner of an LWECS an exemption from the provisions of subdivision 3, paragraph (a), if the Federal Aviation Administration denies the owner's application to equip an LWECS with a light-mitigating technology.

 

(b) The Public Utilities Commission or a county that has assumed permitting authority under section 216F.08 must grant an owner of an LWECS an exemption from or an extension of time to comply with the provisions of subdivision 3, paragraph (a), if, after notice and public hearing, the owner of the LWECS demonstrates to the satisfaction of the commission or county that:

 

(1) equipping an LWECS with a light-mitigating technology is technically infeasible;

 

(2) equipping an LWECS with a light-mitigating technology imposes a significant financial burden on the permittee; or

 

(3) a vendor approved by the Federal Aviation Administration cannot deliver a light-mitigating technology to the LWECS owner in a reasonable amount of time.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 26.  Minnesota Statutes 2018, section 216H.02, is amended by adding a subdivision to read:

 

Subd. 1b.  Emissions-reduction goals; transmission resources.  It is the policy of the state that sufficient electric transmission infrastructure be constructed in a timely manner in order to facilitate the state's meeting the greenhouse gas emissions reduction goals established in subdivision 1.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.


Journal of the House - 73rd Day - Wednesday, March 11, 2020 - Top of Page 6964

Sec. 27.  COORDINATED ELECTRIC TRANSMISSION STUDY.

 

(a) The commissioner of commerce must request the Midcontinent Independent System Operator (MISO) to conduct an engineering study of the impacts on reliability and the estimated costs of operational changes and enhancements to the transmission system necessary to support increased use of carbon-free electrical generation sources for Minnesota and throughout the MISO footprint, including the possible eventual retirement of existing generation resources serving Minnesota customers.

 

(b) If the request is accepted, MISO is responsible for completing the study work, with the support of the electric utilities subject to transmission planning under Minnesota Rules, chapter 7848.  Prior to the start of the study, MISO must appoint a technical review committee with experience and expertise in electric transmission system engineering, power system operation, and renewable and carbon-free energy technologies to review the study's proposed methods, work plan, models, and preliminary and near final results.  The technical review committee must be chaired by a representative from MISO and include representatives from Minnesota electric utilities, including one representative from a utility that owns nuclear generation, one from a generation and transmission cooperative, and one from a municipal utility.  In addition, MISO must work with state utility regulators, as well as stakeholders from across the electricity industry, nongovernmental organizations, consumer advocates, and labor representatives.

 

(c) To the extent possible, the study must integrate and optimize the study and resulting potential transmission projects with previous and current study efforts, coordinate with neighboring regions to the MISO footprint and adjacent regional transmission organizations, and identify barriers, challenges, and opportunities.

 

(d) The study must include but is not limited to:

 

(1) establishing scenarios to study increased carbon-free energy resources, energy storage, and retirement of existing generation;

 

(2) identifying new power system operating challenges, possible mitigation strategies, and areas where new strategies are required but not yet discernible;

 

(3) developing conceptual level plans of the required new and modified transmission, including time frames and indicative cost;

 

(4) when ascertainable, identifying likely new significant transmission projects or modifications, including time frames and indicative cost; and

 

(5) identifying functional requirements for and time frames when nontransmission technology may be needed to augment the transmission in conceptual plan and the new projects or modifications.

 

(e) The first meeting of the technical review committee must be held no later than June 15, 2020, and the study completed, with a comprehensive report submitted to the Public Utilities Commission, no later than December 1, 2021."

 

Delete the title and insert:

 

"A bill for an act relating to energy; establishing the Clean Energy First Act; requiring utilities to meet resource needs using clean energy resources; authorizing certain cost recovery; establishing a pilot project; requiring reports; amending Minnesota Statutes 2018, sections 216B.16, subdivision 13; 216B.1645, subdivisions 1, 2; 216B.1691,


Journal of the House - 73rd Day - Wednesday, March 11, 2020 - Top of Page 6965

subdivision 9; 216B.2422, subdivisions 2, 3, 4, 5, by adding subdivisions; 216E.03, subdivision 10; 216E.04, subdivision 9; 216F.04; 216H.02, by adding a subdivision; Minnesota Statutes 2019 Supplement, section 216B.2422, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 216B; 216C; 216F."

 

 

With the recommendation that when so amended the bill be re-referred to the Jobs and Economic Development Finance Division without further recommendation.

 

      The report was adopted.

 

 

Lesch from the Judiciary Finance and Civil Law Division 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; appropriating money; proposing coding for new law as Minnesota Statutes, chapter 58B.

 

Reported the same back with the following amendments:

 

Page 1, after line 6, insert: 

 

"Section 1.  Minnesota Statutes 2018, section 13.712, is amended by adding a subdivision to read:

 

Subd. 7.  Student loan servicers.  Data collected, created, received, maintained, or disseminated under chapter 58B are governed by section 58B.11."

 

Page 2, line 20, delete "The commissioner must" and insert "The attorney general shall designate a student loan advocate within the Office of the Attorney General to provide timely assistance to borrowers and to effectuate this chapter."

 

Page 2, delete lines 21 and 22

 

Page 2, line 23, delete "must" and insert "shall have the following duties"

 

Page 4, line 7, delete "or"

 

Page 4, after line 7, insert:

 

"(5) the University of Minnesota; or"

 

Page 4, line 8, delete "(5)" and insert "(6)"

 

Page 8, line 13, delete "2019" and insert "2020"

 

Page 9, after line 17, insert: 

 

"Subd. 10.  Incorrect information regarding student loan forgiveness.  A student loan servicer must not misrepresent the availability of student loan forgiveness for which the servicer has reason to know the borrower is eligible.  This includes but is not limited to student loan forgiveness programs specific to military borrowers, borrowers working in public service, or borrowers with disabilities.


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Subd. 11.  Compliance with servicer duties.  A student loan servicer must comply with its duties and obligations under section 58B.06."

 

Page 11, delete section 10 and insert: 

 

"Sec. 10.  [58B.10] ATTORNEY GENERAL ENFORCEMENT.

 

In addition to the penalties provided in section 58B.09, a student loan servicer who is found to have violated section 58B.07, subdivisions 1 to 4 and 7, shall be deemed in violation of section 325F.69, subdivision 1, and the provisions of section 8.31 shall apply.

 

Sec. 11.  [58B.11] DATA PRACTICES.

 

Subdivision 1.  Classification of data.  (a) Data collected, created, received, maintained, or disseminated by the Office of the Attorney General under this chapter are governed by section 13.65.

 

(b) Data collected, created, received, maintained, or disseminated by the Department of Commerce under this chapter are governed by section 46.07.

 

Subd. 2.  Data sharing.  To the extent data collected, created, received, maintained, or disseminated under this chapter are not public data as defined by section 13.02, subdivision 8a, such data may, when necessary to accomplish the purpose of this chapter, be shared between:

 

(1) the United States Department of Education;

 

(2) the Office of Higher Education;

 

(3) the Department of Commerce;

 

(4) the Office of the Attorney General; and

 

(5) any other local, state, and federal law enforcement agencies.

 

Sec. 12.  APPROPRIATION.

 

(a) $249,000 in fiscal year 2021 is appropriated from the general fund to the commissioner of commerce to administer the requirements of Minnesota Statutes, chapter 58B.

 

(b) $328,000 in fiscal year 2021 is appropriated from the general fund to the attorney general to administer the requirements of Minnesota Statutes, chapter 58B."

 

Page 11, delete line 15 and insert:

 

"Sections 1 to 6 and 8 to 13 are effective July 1, 2020."

 

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.


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Hausman from the Housing Finance and Policy Division to which was referred:

 

H. F. No. 1918, A bill for an act relating to civil law; landlord and tenant; establishing termination of lease upon infirmity of tenant; proposing coding for new law in Minnesota Statutes, chapter 504B.

 

Reported the same back with the following amendments:

 

Page 2, after line 1, insert:

 

"(8) a state facility as defined in section 246.50;"

 

Page 2, line 2, delete "(8)" and insert "(9)"

 

Page 2, line 4, delete "(9)" and insert "(10)"

 

Page 3, delete lines 11 and 12 and insert:

 

"EFFECTIVE DATE.  This section is effective January 1, 2021, and applies to leases entered into or renewed on or after January 1, 2021.  For the purposes of this section, estates at will shall be deemed to be renewed at the commencement of each rental period."

 

 

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

 

      The report was adopted.

 

 

Hausman from the Housing Finance and Policy Division to which was referred:

 

H. F. No. 1972, A bill for an act relating to real property; requiring tenant notice of grounds for eviction before action may be brought; amending Minnesota Statutes 2018, section 504B.321.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2018, section 504B.135, is amended to read:

 

504B.135 TERMINATING TENANCY AT WILL.

 

(a) A tenancy at will may be terminated by either party by giving notice in writing.  The time of the notice must be at least as long as the interval between the time rent is due or three months, whichever is less.

 

(b) If a tenant neglects or refuses to pay rent due on a tenancy at will, the landlord may terminate the tenancy by giving the tenant 14 days notice to quit in writing.


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Sec. 2.  Minnesota Statutes 2018, section 504B.321, is amended to read:

 

504B.321 COMPLAINT AND SUMMONS.

 

Subdivision 1.  Procedure.  (a) To bring an eviction action, the person complaining shall file a complaint with the court, stating the full name and date of birth of the person against whom the complaint is made, unless it is not known, describing the premises of which possession is claimed, stating the facts which authorize the recovery of possession, and asking for recovery thereof.

 

(b) The lack of the full name and date of birth of the person against whom the complaint is made does not deprive the court of jurisdiction or make the complaint invalid.

 

(c) The court shall issue a summons, commanding the person against whom the complaint is made to appear before the court on a day and at a place stated in the summons.

 

(d) The appearance shall be not less than seven nor more than 14 days from the day of issuing the summons, except as provided by subdivision 2.

 

(e) A copy of the complaint shall be attached to the summons, which shall state that the copy is attached and that the original has been filed.

 

(f) If applicable, the person filing a complaint must attach a copy of the written notice described in subdivision 1a.  The court shall dismiss an action without prejudice for failure to provide a notice as described in subdivision 1a and grant an expungement of the eviction case court file.

 

Subd. 1a.  Written notice.  (a) Before bringing an eviction action alleging nonpayment of rent, a landlord must provide written notice to the residential tenant specifying the basis for a future eviction action.

 

(b) For an allegation of nonpayment of rent or other unpaid financial obligations in violation of the lease, the landlord must include the following in a written notice:

 

(1) the total amount due;

 

(2) a specific accounting of the amount of the total due that is comprised of unpaid rents, late fees, or other charges under the lease; and

 

(3) the name and address of the person authorized to receive rent and fees on behalf of the landlord.

 

(c) A notice provided under this section must:

 

(1) provide a disclaimer that a low-income tenant may be eligible for financial assistance from the county;

 

(2) provide a description on how to access legal and financial assistance through the "Law Help" website at www.lawhelpmn.org and "Minnesota 211" through its website at www.211unitedway.org or by calling 211; and

 

(3) state that the landlord may bring an eviction action following expiration of the 14-day notice period if the tenant fails to pay the total amount due or fails to vacate.

 

(d) The landlord or an agent of the landlord must deliver the notice personally or by first class mail to the residential tenant at the address of the leased premises.


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(e) If the tenant fails to correct the rent delinquency within 14 days of the delivery or mailing of the notice, or fails to vacate, the landlord may bring an eviction action under subdivision 1 based on the nonpayment of rent.

 

(f) Receipt of a notice under this section is an emergency situation under section 256D.06, subdivision 2, and Minnesota Rules, chapter 9500.  For purposes of chapter 256J and Minnesota Rules, chapter 9500, a county agency verifies an emergency situation by receiving and reviewing a notice under this section.  If a residential tenant applies for financial assistance from the county, the landlord must cooperate with the application process by:

 

(1) supplying all information and documentation requested by the tenant or the county; and

 

(2) accepting or placing into escrow partial rent payments where necessary to establish a tenant's eligibility for assistance.

 

Subd. 2.  Expedited procedure.  (a) In an eviction action brought under section 504B.171 or on the basis that the tenant is causing a nuisance or other illegal behavior that seriously endangers the safety of other residents, their property, or the landlord's property, the person filing the complaint shall file an affidavit stating specific facts and instances in support of why an expedited hearing is required.

 

(b) The complaint and affidavit shall be reviewed by a referee or judge and scheduled for an expedited hearing only if sufficient supporting facts are stated and they meet the requirements of this paragraph.

 

(c) The appearance in an expedited hearing shall be not less than five days nor more than seven days from the date the summons is issued.  The summons, in an expedited hearing, shall be served upon the tenant within 24 hours of issuance unless the court orders otherwise for good cause shown.

 

(d) If the court determines that the person seeking an expedited hearing did so without sufficient basis under the requirements of this subdivision, the court shall impose a civil penalty of up to $500 for abuse of the expedited hearing process."

 

Amend the title as follows:

 

Page 1, line 2, after the semicolon, insert "modifying termination of tenancy at will;"

 

Correct the title numbers accordingly

 

 

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

 

      The report was adopted.

 

 

Mariani from the Public Safety and Criminal Justice Reform Finance and Policy Division to which was referred:

 

H. F. No. 2385, A bill for an act relating to public safety; modifying the schedules of controlled substances; amending Minnesota Statutes 2018, section 152.02, subdivisions 2, 3, 6.

 

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

 

      The report was adopted.


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

 

H. F. No. 2806, A bill for an act relating to corrections; establishing a Clemency Review Commission; modifying Board of Pardons procedures; making clarifying changes; amending Minnesota Statutes 2018, sections 638.01; 638.02, subdivisions 1, 2; 638.04; 638.06; 638.07; 638.075; 638.08.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2018, section 638.01, is amended to read:

 

638.01 BOARD OF PARDONS; HOW CONSTITUTED; POWERS.

 

The Board of Pardons shall consist of the governor, the chief justice of the supreme court, and the attorney general.  The governor, in conjunction with the board, may grant pardons and reprieves and commute the sentence of any person convicted of any offense against under the laws of the this state, in the manner and under the conditions and rules hereinafter prescribed, but not otherwise in this chapter.

 

Sec. 2.  [638.09] CLEMENCY REVIEW COMMISSION.

 

(a) Notwithstanding the provisions of chapter 15, the Clemency Review Commission is established to review applications for pardons or commutations before they are considered by the Board of Pardons.  By majority vote, the commission shall make a recommendation on each eligible application as to whether it should be granted or denied.  The commission shall provide its recommendations to the board with the vote of each commission member reported in writing.

 

(b) The commission shall consist of nine members, each serving a four-year term.  The governor, the attorney general, and the chief justice of the supreme court shall each appoint three members and replace members upon expiration of the members' terms.  In the event of a vacancy, the board member who selected the previous incumbent shall make an interim appointment to expire at the end of the prior incumbent's four-year term.  A person may serve no more than two terms on the commission, excluding interim appointments.

 

(c) The commission shall biennially elect one of its members as chair and one as vice-chair.  The chair of the commission shall serve as secretary of the board.

 

(d) Each member of the commission shall be compensated at the rate of $55 for each day or part thereof spent on commission activities.  Each member shall be reimbursed for all reasonable expenses actually paid or incurred by that member in the performance of official duties.

 

(e) The commission may obtain office space and supplies and hire administrative staff to carry out its official functions.

 

(f) At least six members of the commission shall constitute a quorum for official administrative business.

 

Sec. 3.  [638.10] PARDONS AND COMMUTATIONS.

 

Subdivision 1.  Pardons and commutations.  (a) The Board of Pardons may pardon a criminal conviction imposed under the laws of this state or commute a criminal sentence imposed by a court of this state to time served or a lesser sentence.  Every pardon or commutation shall be in writing and shall have no force or effect unless granted by a majority vote of the board with the governor in that majority.  Every conditional pardon shall state the terms and conditions upon which it was granted and every commutation shall specify the terms of the commuted sentence.


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(b) When granted, a pardon has the effect of setting aside the conviction and purging the conviction from the person's record.  The person then is not required to disclose the conviction at any time or place other than in a judicial proceeding or as part of the licensing process for peace officers.

 

Subd. 2.  Eligibility for a pardon.  (a) Any person convicted of a crime in any court of this state may apply for a pardon of the person's conviction on or after five years from the date of the expiration of the person's sentence or the date of the person's discharge.  Upon a showing of unusual circumstances and special need, the board may waive the required waiting period by a majority vote with the governor in that majority.

 

(b) The Clemency Review Commission shall review all requests for a waiver of the waiting period and make recommendations by majority vote to the board.  Consideration of requests to waive the waiting period are exempt from the meeting requirements of this chapter.

 

Subd. 3.  Eligibility for a commutation.  (a) Any person may apply for a commutation of an unexpired criminal sentence imposed by a court of this state, including those confined in a correctional facility or on probation, parole, supervised release, or conditional release.  An application for commutation may not be filed until the date that the person has served at least one-half of the sentence imposed or on or after five years from the date of the conviction, whichever is less.  Upon a showing of unusual circumstances and special need, the board may waive the required waiting period by a majority vote with the governor in that majority.

 

(b) The commission shall review all requests for a waiver of the waiting period and make recommendations by majority vote to the board.  Consideration of requests to waive the waiting period are exempt from the meeting requirements of this chapter.

 

Subd. 4.  Filing of a pardon or commutation.  After granting a pardon or commutation, the board shall file a copy of the pardon or commutation with the district court of the county in which the conviction and sentence were imposed.  In the case of a pardon, the court shall order the conviction set aside, include a copy of the pardon in the court file, and send copies of the order and the pardon to the Bureau of Criminal Apprehension.  In the case of a commutation, the court shall amend the sentence to reflect the specific relief granted by the board, include a copy of the commutation in the court file, and send copies of the amended sentencing order and commutation to the commissioner of corrections and the Bureau of Criminal Apprehension.

 

Subd. 5.  Reapplication.  (a) Once an application for a pardon or commutation has been considered and denied on the merits, no subsequent application may be filed for five years after the date of the most recent denial unless permission is granted from at least two board members.  A person may request permission to reapply prior to the expiration of the five-year period based only on new and substantial information that was not and could not have been previously considered by the board or the commission.  If a request to reapply contains new and substantial information, the commission shall review the request and make a recommendation by majority vote to the board.  Consideration of requests to reapply are exempt from the meeting requirements under this chapter.

 

(b) The denial or grant of an application for a commutation of sentence does not preclude a person from later seeking a pardon of the criminal conviction once the eligibility requirements of subdivision 2 have been satisfied.

 

Sec. 4.  [638.11] APPLICATIONS.

 

(a) Each application for a pardon or commutation shall be in writing, signed under oath by the applicant, and contain a brief statement of the relief sought and the reasons why it should be granted.  The application shall also contain the following information and any additional information that the commission or board requires:

 

(1) the applicant's name, address, date of birth, place of birth, and every alias by which the applicant is or has been known;


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(2) the name of the offense for which relief is requested, the date and county of conviction, the sentence imposed, and the expiration or discharge date of the sentence;

 

(3) the names of the sentencing judge, prosecuting attorney, and any victims of the offense;

 

(4) a brief description of the offense;

 

(5) the date and outcome of any prior applications for a pardon or commutation;

 

(6) a statement of other felony or gross misdemeanor convictions and any pending criminal charges or investigations; and

 

(7) a statement by the applicant consenting to the disclosure to the commission and the board of any private data concerning the applicant contained in the application or in any other record relating to the grounds on which the relief is sought, including conviction and arrest records.

 

(b) Applications shall be made on forms approved by the commission or the board and shall be filed with the commission by the deadlines set by the commission or the board.  The commission shall review applications for completeness.  Any application that is considered incomplete shall be returned to the applicant who may then provide the missing information and resubmit the application within a time period prescribed by the commission.

 

Sec. 5.  [638.12] NOTIFICATIONS.

 

Subdivision 1.  Notice to victim.  After receiving an application for a pardon or commutation, the Clemency Review Commission shall make all reasonable efforts to locate any victim of the applicant's crime.  At least 30 days before the date of the commission meeting at which the application shall be heard, the commission shall notify any located victim of the application, of the time and place of the meeting, and the victim's right to attend the meeting and submit an oral or written statement to the commission.

 

Subd. 2.  Notice to sentencing judge and prosecuting attorney.  At least 30 days before the date of the commission meeting at which the application shall be heard, the commission shall notify the sentencing judge and prosecuting attorney or their successors of the application and solicit the judge's and attorney's views on whether clemency should be granted.

 

Subd. 3.  Notice to applicant.  Following its initial investigation of an application for a pardon or commutation, the commission shall notify the applicant of the scheduled date, time, and location that the applicant shall appear before the commission for consideration.

 

Sec. 6.  [638.13] MEETINGS.

 

Subdivision 1.  Commission meetings.  (a) The Clemency Review Commission shall meet at least four times each year for one or more days each meeting to hear eligible applications of pardons or commutations and make recommendations to the board on each application.  One or more of the meetings may be held at facilities operated by the Department of Corrections.  All commission meetings shall be open to the public as provided in chapter 13D.

 

(b) Applicants for pardons or commutations must appear before the commission either in person or through any available form of telecommunication.  The victim of an applicant's crime may appear and speak at the commission's meeting or submit a written statement to the commission.  The commission may treat a victim's statement as confidential and not disclose the statement to the applicant or the public if there is or has been a recent order for


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protection, restraining order, or other no contact order prohibiting the applicant from contacting the victim.  In addition, any law enforcement agency may appear and speak at the meeting or submit a written statement to the commission, giving the agency's recommendation on whether clemency should be granted or denied.

 

(c) The commission must consider any statement provided by a victim or law enforcement agency when making its recommendation on an application.  Whenever possible, the commission shall record its meetings by audio or audiovisual means.  Any recordings and statements from victims or law enforcement agencies shall be provided to the board along with the commission's recommendations.

 

(d) Not later than ten working days of the date of its decision, the commission shall notify the applicant in writing of its decision to recommend a grant or denial of clemency to the board.

 

Subd. 2.  Board meetings.  (a) The board shall meet at least two times each year to consider applications for pardons or commutations that have received a favorable recommendation from the commission and any other applications that have received further consideration from at least one board member.  Whenever the commission recommends denial of an application and the board does not disapprove or take other action with respect to that recommendation, it shall be presumed that the board concurs with the adverse recommendation and that the application has been considered and denied on the merits.  All board meetings shall be open to the public as provided in chapter 13D.

 

(b) Applicants, victims, and law enforcement agencies may not submit oral or written statements at a board meeting, unless the board requests additional testimony.  The board shall consider any statements provided to the commission when making a decision on an application for a pardon or commutation.

 

(c) The commission shall notify the applicant in writing of the board's decision to grant or deny clemency not later than ten working days from the date of the board's decision.

 

Sec. 7.  [638.14] GROUNDS FOR RECOMMENDING CLEMENCY.

 

Subdivision 1.  Factors.  When making recommendations on applications for pardons or commutations, the Clemency Review Commission shall consider any factors the commission deems appropriate, including but not limited to the following:

 

(1) the nature, seriousness, circumstances, and age of the applicant's offense;

 

(2) the successful completion or revocation of previous probation, parole, supervised release, or conditional release;

 

(3) the number, nature, and circumstances of the applicant's other criminal convictions;

 

(4) the extent to which the applicant has demonstrated rehabilitation through postconviction conduct, character, and reputation;

 

(5) the extent to which the applicant has accepted responsibility, demonstrated remorse, and made restitution to victims;

 

(6) whether the sentence is clearly excessive in light of the applicant's offense, criminal history, and any sentence received by an accomplice, with due regard given to any plea agreement, the sentencing judge's views, and the sentencing ranges established by law;


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(7) whether the applicant's age or medical status indicates that it is in the best interest of society that the applicant receive clemency;

 

(8) recommendations from victims, sentencing judges, and prosecuting attorneys;

 

(9) the applicant's asserted need for a pardon or commutation, including family needs and barriers to housing or employment created by the conviction; and

 

(10) the amount of time already served by the applicant and the availability of other forms of judicial or administrative relief.

 

Subd. 2.  Denial recommendation.  The commission may recommend denial without a hearing of an application for a commutation when the applicant is presently challenging the conviction or sentence through court proceedings, has failed to exhaust all available state court remedies for challenging the sentence, or the matter should first be considered by the parole authority.

 

Sec. 8.  [638.15] ACCESS TO RECORDS; ISSUANCE OF PROCESS.

 

Subdivision 1.  Access to records.  Upon receipt of an application for a pardon or commutation, the Board of Pardons or Clemency Review Commission may request and obtain any relevant reports, data, and other information from a district court, law enforcement agency, or state agency.  The commission and board shall have access to sealed court records, presentence investigation reports, police reports, criminal history reports, prison records, and any other relevant information.  District courts, law enforcement agencies, and state agencies shall promptly respond to record requests from the commission and the board.

 

Subd. 2.  Legal process.  The commission and the board may issue process requiring the presence of any person before them and the production of papers, records, and exhibits in any pending matter.  When any person is summoned before the commission or the board, the person may be allowed compensation for travel and attendance as the commission or the board may deem reasonable.

 

Sec. 9.  [638.16] RULES.

 

The Board of Pardons and the Clemency Review Commission may adopt rules under chapter 14 for the effective enforcement of their powers and duties.

 

Sec. 10.  [638.17] RECORDS.

 

The Clemency Review Commission shall keep a record of every application received, its recommendation on each application, and the final disposition of each application by the Board of Pardons.  The records and all the files shall be kept by the commission and shall be open to public inspection at all reasonable times, except for sealed court records, presentence investigation reports, Social Security numbers, financial account numbers, driver's license information, medical records, confidential Bureau of Criminal Apprehension records, and confidential victim statements as provided in section 638.12.

 

Sec. 11.  [638.18] ANNUAL REPORTS TO LEGISLATURE.

 

By February 15 of each year, the Clemency Review Commission shall submit a written report to the chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over public safety, corrections, and judiciary containing at a minimum the following information:


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(1) the number of applications for pardons and commutations received by the commission during the preceding calendar year;

 

(2) the number of favorable and adverse recommendations made by the commission for each category;

 

(3) the number of applications granted and denied by the Board of Pardons for each category; and

 

(4) the crimes for which the applications were granted by the board, the year of each conviction, and the age of the offender at the time of the offense.

 

Sec. 12.  REPEALER.

 

Minnesota Statutes 2018, sections 638.02; 638.03; 638.04; 638.05; 638.06; 638.07; 638.075; and 638.08, are repealed."

 

Delete the title and insert:

 

"A bill for an act relating to corrections; establishing the Clemency Review Commission; amending Minnesota Statutes 2018, section 638.01; proposing coding for new law in Minnesota Statutes, chapter 638; repealing Minnesota Statutes 2018, sections 638.02; 638.03; 638.04; 638.05; 638.06; 638.07; 638.075; 638.08."

 

 

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.

 

 

Mariani from the Public Safety and Criminal Justice Reform Finance and Policy Division to which was referred:

 

H. F. No. 3069, A bill for an act relating to public safety; establishing the crime of assault by strangulation; repealing the crime of domestic assault by strangulation; amending Minnesota Statutes 2018, sections 243.167, subdivision 1; 609.2242, subdivision 3; Minnesota Statutes 2019 Supplement, sections 145A.061, subdivision 3; 245C.15, subdivision 1; 518.179, subdivision 2; 609.02, subdivision 16; 611A.036, subdivision 7; 624.712, subdivision 5; 631.52, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 609; repealing Minnesota Statutes 2018, section 609.2247.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Mariani from the Public Safety and Criminal Justice Reform Finance and Policy Division to which was referred:

 

H. F. No. 3108, A bill for an act relating to public safety; providing for immunity from prosecution for certain controlled substance and alcohol violations for sexual assault victim and persons assisting the victim; proposing coding for new law in Minnesota Statutes, chapter 604A.

 

Reported the same back with the following amendments:


Journal of the House - 73rd Day - Wednesday, March 11, 2020 - Top of Page 6976

Page 2, line 28, delete "2019" and insert "2020"

 

 

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

 

      The report was adopted.

 

 

Hausman from the Housing Finance and Policy Division to which was referred:

 

H. F. No. 3348, A bill for an act relating to housing; prohibiting landlords from imposing certain fees; restricting entry by a landlord and amending fees for improper entry; authorizing court administrator to set conciliation court filing fees for recovery of possession actions; amending Minnesota Statutes 2018, sections 504B.211, subdivisions 2, 6; 504B.375, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 504B.

 

Reported the same back with the following amendments:

 

Page 2, delete section 4

 

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 3, delete everything after the semicolon

 

Page 1, delete line 4

 

Correct the title numbers accordingly

 

 

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

 

      The report was adopted.

 

 

Hausman from the Housing Finance and Policy Division to which was referred:

 

H. F. No. 3349, A bill for an act relating to housing; amending the covenants implied in a residential lease; providing for tenants remedies against landlords for repairs; allowing a tenant to request emergency repairs from the court; amending Minnesota Statutes 2018, sections 504B.161, subdivision 1; 504B.381, subdivisions 1, 5, by adding a subdivision.

 

Reported the same back with the following amendments:

 

Page 2, after line 5, insert: 

 

"Sec. 2.  Minnesota Statutes 2018, section 504B.375, subdivision 1, is amended to read:


Journal of the House - 73rd Day - Wednesday, March 11, 2020 - Top of Page 6977

Subdivision 1.  Unlawful exclusion or removal.  (a) This section applies to actual or constructive removal or exclusion of a residential tenant which may include the termination of utilities or the removal of doors, windows, or locks.  A residential tenant to whom this section applies may recover possession of the premises as described in paragraphs (b) to (e).

 

(b) The residential tenant shall present a verified petition to the district court of the judicial district of the county in which the premises are located that:

 

(1) describes the premises and the landlord;

 

(2) specifically states the facts and grounds that demonstrate that the exclusion or removal was unlawful, including a statement that no writ of recovery of the premises and order to vacate has been issued under section 504B.345 in favor of the landlord and against the residential tenant and executed in accordance with section 504B.365; and

 

(3) asks for possession.

 

(c) If it clearly appears from the specific grounds and facts stated in the verified petition or by separate affidavit of the residential tenant or the residential tenant's attorney or agent that the exclusion or removal was unlawful, the court shall immediately order that the residential tenant have possession of the premises.

 

(d) The residential tenant shall furnish security, if any, that the court finds is appropriate under the circumstances for payment of all costs and damages the landlord may sustain if the order is subsequently found to have been obtained wrongfully.  In determining the appropriateness of security, the court shall consider the residential tenant's ability to afford monetary security.

 

(e) The court shall direct the order to the sheriff of the county in which the premises are located and the sheriff shall execute the order immediately by making a demand for possession on the landlord, if found, or the landlord's agent or other person in charge of the premises.  If the landlord fails to comply with the demand, the officer shall take whatever assistance may be necessary and immediately place the residential tenant in possession of the premises.  If the landlord, the landlord's agent, or other person in control of the premises cannot be found and if there is no person in charge, the officer shall immediately enter into and place the residential tenant in possession of the premises.  The officer shall also serve the order and verified petition or affidavit immediately upon the landlord or agent, in the same manner as a summons is required to be served in a civil action in district court.

 

(f) The court administrator may charge a filing fee in the amount set for complaints and counterclaims in conciliation court, subject to the filing of an inability to pay affidavit."

 

Renumber the sections in sequence

 

Correct the title numbers accordingly

 

 

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

 

      The report was adopted.


Journal of the House - 73rd Day - Wednesday, March 11, 2020 - Top of Page 6978

Mariani from the Public Safety and Criminal Justice Reform Finance and Policy Division to which was referred:

 

H. F. No. 3360, A bill for an act relating to public safety; appropriating money for violent crime enforcement teams.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  [145.9246] SUBSTANCE USE DISORDER SERVICES GRANT PROGRAM.

 

(a) The commissioner of health shall provide grants to individuals or organizations in greater Minnesota to:

 

(1) expand the availability of substance use disorder services through establishing initial programming efforts to begin an evidence-based program provided that a recipient identify funding sources that are at least equal to the amount received from the Department of Health and which will last at least two years;

 

(2) enhance or continue an existing evidence-based approach that demonstrates results; or

 

(3) fund the planning phase occurring prior to implementation of an evidence-based approach.

 

(b) In issuing grants, the commissioner of health shall give priority to projects that:

 

(1) serve geographic areas that have the highest crime rate;

 

(2) serve geographic areas that have the highest concentration of disadvantaged youth;

 

(3) serve underserved or marginalized populations; and

 

(4) demonstrate substantial involvement in planning, implementation, and evaluation by members of the community served.

 

Sec. 2.  [299A.625] LOCAL VIOLENCE PREVENTION GRANT PROGRAM.

 

(a) The Office of Justice Programs director shall award grants to local units of government or tribal governments and the governments' community-based partners to implement local programs to reduce gun violence and promote community-based efforts designed to enhance community safety and wellness.  Grant recipients must employ strategies to interrupt, intervene in, or respond to violence by working with perpetrators of violence, and victims of violent crime or surviving family and friends with an emphasis on serving those impacted by gun violence.

 

(b) Applicants shall identify either the municipality or community-based partner as the grant recipient.  Applicants may identify multiple community-based partners, but shall identify the way in which money shall be divided.  Applicants must demonstrate an evidence-based approach.

 

(c) Grant recipients may use money for:

 

(1) a planning phase for implementation of an evidence-based approach;

 

(2) initial programming efforts to begin an evidence-based program provided that a recipient identify funding sources that are at least equal to the amount received from the grant and which will last at least two years; or


Journal of the House - 73rd Day - Wednesday, March 11, 2020 - Top of Page 6979

(3) enhancing or continuing an existing evidence-based approach that demonstrates results.

 

(d) In awarding grants, the Office of Justice Programs director shall give priority to projects that:

 

(1) serve geographic areas that have the highest crime rates;

 

(2) serve geographic areas that have the highest concentration of disadvantaged youth;

 

(3) serve underserved or marginalized populations;

 

(4) provide culturally competent and trauma informed programming;

 

(5) demonstrate substantial involvement in planning, implementation, and evaluation by members of the community served; and

 

(6) employ promising strategies based on practice-based evidence or the lived experience of communities of color or American Indians.

 

Sec. 3.  [299A.627] DOMESTIC ABUSE TRANSFORMATION PROGRAMS.

 

The Office of Justice Programs director shall award grants to domestic abuse transformation programs that demonstrate meaningful and effective programming to reduce and eliminate domestic abuse within intimate partner relationships.  The eligibility requirements for grant recipients shall be developed by the director in consultation with stakeholders impacted by domestic abuse and working to end domestic abuse.

 

Sec. 4.  REPORTS.

 

(a) The commissioner of public safety shall report by December 31, 2021, to the chairs and ranking minority members of the senate and house of representatives committees and divisions with jurisdiction over criminal justice policy and funding on the local violence prevention grant program under Minnesota Statutes, section 299A.625 and on the substance abuse disorder services grant program under Minnesota Statutes, section 145.9246.

 

(b) The commissioner of health shall report by October 1, 2021, on the substance abuse disorder services grant program to the commissioner of public safety for inclusion in the report to the legislature under paragraph (a).

 

(c) The reports under paragraphs (a) and (b) must include at a minimum information about each program on the total number of requests for grants, outreach, assistance, and support, where the requests originated, and the amount of the grant awarded for each successful request.

 

Sec. 5.  APPROPRIATIONS.

 

Subdivision 1.  Public Safety.  $7,100,000 in fiscal year 2021 is appropriated from the general fund to the commissioner of public safety for the Office of Justice Programs.  Of this amount:

 

(1) $2,000,000 is for the domestic abuse transformation grant program under Minnesota Statutes, section 299A.627;

 

(2) $2,100,000 is for the local violence prevention grant program under Minnesota Statutes, section 299A.625, with up to $100,000 of this amount for administration of the program;


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(3) $2,000,000 is for grants to communities in greater Minnesota to develop violent crime enforcement teams and for the Office of Justice Programs to provide outreach, technical assistance, and program development support for small communities to access grants under Minnesota Statutes, section 299A.642; and

 

(4) $1,000,000 is for grants to youth intervention programs under Minnesota Statutes, section 299A.73.

 

Subd. 2.  POST Board.  $1,000,000 in fiscal year 2021 is appropriated from the general fund to the Peace Officers Safety and Training Board for grants to local law enforcement agencies in Hennepin and Ramsey Counties for additional peace officer training.

 

Subd. 3.  Department of Health.  $1,500,000 in fiscal year 2021 is appropriated from the general fund to the commissioner of health for the substance abuse disorder services grant program under Minnesota Statutes, section 145.9246.

 

Subd. 4.  Supreme court.  $500,000 in fiscal year 2021 is appropriated from the general fund to the supreme court for treatment courts that operate in district courts and use evidence-based practices and qualified and trained staff to tailor appropriate services to support individuals in the judicial system who are addicted to alcohol or drugs, suffering from mental health issues, or both."

 

Delete the title and insert:

 

"A bill for an act relating to public safety; appropriating money for violent crime enforcement, domestic abuse prevention, and substance abuse prevention; providing for reports; proposing coding for new law in Minnesota Statutes, chapters 145; 299A."

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 3375, A bill for an act relating to workforce development; appropriating money for a workforce training pilot project.

 

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

 

      The report was adopted.

 

 

Fischer from the Water Division to which was referred:

 

H. F. No. 3423, A bill for an act relating to environment; appropriating money for water quality standards for perfluoroalkyl and polyfluoroalkyl substances; authorizing rulemaking.

 

Reported the same back with the following amendments:

 

Page 1, line 7, delete "$......." and insert "$492,000"


Journal of the House - 73rd Day - Wednesday, March 11, 2020 - Top of Page 6981

Page 1, line 11, after "2023" insert ", and Minnesota Statutes, section 14.125, does not apply"

 

 

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

 

      The report was adopted.

 

 

Hausman from the Housing Finance and Policy Division to which was referred:

 

H. F. No. 3451, A bill for an act relating to housing; adding covenants of affordable housing deeds or instruments to list of exemptions; amending Minnesota Statutes 2018, section 500.20, subdivision 2a.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 3517, A bill for an act relating to public safety; expanding the scope of location tracking warrants; amending Minnesota Statutes 2018, section 626A.42, subdivisions 1, 2, 3, 5.

 

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

 

      The report was adopted.

 

 

Poppe from the Agriculture and Food Finance and Policy Division to which was referred:

 

H. F. No. 3533, A bill for an act relating to agriculture; modifying and updating certain provisions relating to real property; repealing obsolete provisions; making clarifying and technical changes; amending Minnesota Statutes 2018, sections 550.365, subdivision 2; 582.039, subdivision 2; 583.25; 583.26, subdivision 2; repealing Minnesota Statutes 2018, section 346.02.

 

Reported the same back with the following amendments:

 

Page 1, before line 8, insert:

 

"Section 1.  Minnesota Statutes 2018, section 336.9-601, is amended to read:

 

336.9-601 RIGHTS AFTER DEFAULT; JUDICIAL ENFORCEMENT; CONSIGNOR OR BUYER OF ACCOUNTS, CHATTEL PAPER, PAYMENT INTANGIBLES, OR PROMISSORY NOTES.

 

(a) Rights of secured party after default.  After default, a secured party has the rights provided in this part and, except as otherwise provided in section 336.9-602, those provided by agreement of the parties.  A secured party:

 

(1) may reduce a claim to judgment, foreclose, or otherwise enforce the claim, security interest, or agricultural lien by any available judicial procedure; and


Journal of the House - 73rd Day - Wednesday, March 11, 2020 - Top of Page 6982

(2) if the collateral is documents, may proceed either as to the documents or as to the goods they cover.

 

(b) Rights and duties of secured party in possession or control.  A secured party in possession of collateral or control of collateral under section 336.7-106, 336.9-104, 336.9-105, 336.9-106, or 336.9-107 has the rights and duties provided in section 336.9-207.

 

(c) Rights cumulative; simultaneous exercise.  The rights under subsections (a) and (b) are cumulative and may be exercised simultaneously.

 

(d) Rights of debtor and obligor.  Except as otherwise provided in subsection (g) and section 336.9-605, after default, a debtor and an obligor have the rights provided in this part and by agreement of the parties.

 

(e) Lien of levy after judgment.  If a secured party has reduced its claim to judgment, the lien of any levy that may be made upon the collateral by virtue of an execution based upon the judgment relates back to the earliest of:

 

(1) the date of perfection of the security interest or agricultural lien in the collateral;

 

(2) the date of filing a financing statement covering the collateral; or

 

(3) any date specified in a statute under which the agricultural lien was created.

 

(f) Execution sale.  A sale pursuant to an execution is a foreclosure of the security interest or agricultural lien by judicial procedure within the meaning of this section.  A secured party may purchase at the sale and thereafter hold the collateral free of any other requirements of this article.

 

(g) Consignor or buyer of certain rights to payment.  Except as otherwise provided in section 336.9-607 (c), this part imposes no duties upon a secured party that is a consignor or is a buyer of accounts, chattel paper, payment intangibles, or promissory notes.

 

(h) Security interest in collateral that is agricultural property; enforcement.  A person may not begin to enforce a security interest in collateral that is agricultural property subject to sections 583.20 to 583.32 that has secured a debt of more than the amount provided in section 583.24, subdivision 5, unless:  a mediation notice under subsection (i) is served on the debtor after a condition of default has occurred in the security agreement and a copy served on the director of the agricultural Minnesota extension service; and the debtor and creditor have completed mediation under sections 583.20 to 583.32; or as otherwise allowed under sections 583.20 to 583.32.

 

(i) Mediation notice.  A mediation notice under subsection (h) must contain the following notice with the blanks properly filled in.

 

"TO:  ...(Name of Debtor)...

 

YOU HAVE DEFAULTED ON THE ...(Debt in Default)... SECURED BY AGRICULTURAL PROPERTY DESCRIBED AS ...(Reasonable Description of Agricultural Property Collateral).  THE AMOUNT OF THE OUTSTANDING DEBT IS ...(Amount of Debt)...

 

AS A SECURED PARTY, ...(Name of Secured Party)... INTENDS TO ENFORCE THE SECURITY AGREEMENT AGAINST THE AGRICULTURAL PROPERTY DESCRIBED ABOVE BY REPOSSESSING, FORECLOSING ON, OR OBTAINING A COURT JUDGMENT AGAINST THE PROPERTY.

 

YOU HAVE THE RIGHT TO HAVE THE DEBT REVIEWED FOR MEDIATION.  IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT WILL BE MEDIATED ONLY ONCE.  IF YOU DO NOT REQUEST MEDIATION, THIS DEBT WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED PARTY ENFORCES THE DEBT.


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IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE AGRICULTURAL MINNESOTA EXTENSION SERVICE WILL PROVIDE AN ORIENTATION MEETING AND A FINANCIAL ANALYST TO HELP YOU TO PREPARE FINANCIAL INFORMATION.  IF YOU DECIDE TO PARTICIPATE IN MEDIATION, IT WILL BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE AND OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE AS SOON AS POSSIBLE.  MEDIATION WILL ATTEMPT TO ARRIVE AT AN AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.

 

TO HAVE THE DEBT REVIEWED FOR MEDIATION YOU MUST FILE A MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS AFTER YOU RECEIVE THIS NOTICE.  THE MEDIATION REQUEST FORM IS AVAILABLE AT ANY COUNTY RECORDER'S OR COUNTY EXTENSION OFFICE FROM THE DIRECTOR OF THE MINNESOTA EXTENSION SERVICE.

 

FROM:  ...(Name and Address of Secured Party)...""

 

Page 2, line 2, strike "AGRICULTURAL" and insert "MINNESOTA"

 

Page 2, line 13, delete "FARMER LENDER MEDIATION PROGRAM" and insert "MINNESOTA EXTENSION SERVICE"

 

Page 2, after line 14, insert:

 

"Sec. 3.  Minnesota Statutes 2018, section 559.209, is amended to read:

 

559.209 MEDIATION NOTICE AND CONDITIONS FOR AGRICULTURAL PROPERTY.

 

Subdivision 1.  Requirement.  A person may not begin to terminate a contract for deed under section 559.21 to purchase agricultural property subject to sections 583.20 to 583.32 for a remaining balance on the contract of more than the amount provided in section 583.24, subdivision 5, unless:  (1) a mediation notice is served on the contract for deed purchaser after a default has occurred under the contract and a copy served on the director and the contract for deed vendor and purchaser have completed mediation under sections 583.20 to 583.32; or (2) as otherwise allowed under sections 583.20 to 583.32.

 

Subd. 2.  Contents.  A mediation notice must contain the following notice with the blanks properly filled in.

 

"TO:  ....(Name of Contract for Deed Purchaser)....

 

YOU HAVE DEFAULTED ON THE CONTRACT FOR DEED OF THE AGRICULTURAL PROPERTY DESCRIBED AS ....(Size and Reasonable Location of Property, Not Legal Description).  THE AMOUNT OF THE OUTSTANDING DEBT IS ....(Amount of Debt)....

 

AS THE CONTRACT FOR DEED VENDOR, ....(Contract for Deed Vendor).... INTENDS TO TERMINATE THE CONTRACT AND TAKE BACK THE PROPERTY.

 

YOU HAVE THE RIGHT TO HAVE THE CONTRACT FOR DEED DEBT REVIEWED FOR MEDIATION.  IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT WILL BE MEDIATED ONLY ONCE.  IF YOU DO NOT REQUEST MEDIATION, THIS DEBT WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE CONTRACT FOR DEED VENDOR BEGINS REMEDIES TO ENFORCE THE DEBT.

 

IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE AGRICULTURAL MINNESOTA EXTENSION SERVICE WILL PROVIDE AN ORIENTATION MEETING AND A FINANCIAL ANALYST TO HELP YOU PREPARE FINANCIAL INFORMATION.  IF YOU DECIDE TO PARTICIPATE IN MEDIATION,


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IT WILL BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE AND OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE AS SOON AS POSSIBLE.  MEDIATION WILL ATTEMPT TO ARRIVE AT AN AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.

 

TO HAVE THE CONTRACT FOR DEED DEBT REVIEWED FOR MEDIATION YOU MUST FILE A MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS AFTER YOU RECEIVE THE NOTICE.  THE MEDIATION REQUEST FORM IS AVAILABLE AT ANY COUNTY EXTENSION OFFICE FROM THE DIRECTOR OF THE MINNESOTA EXTENSION SERVICE.

 

FROM:  ....(Name and Address of Contract for Deed Vendor)....""

 

Page 2, line 31, strike "AGRICULTURAL" and insert "MINNESOTA"

 

Page 3, line 9, delete "FARMER LENDER MEDIATION PROGRAM" and insert "MINNESOTA EXTENSION SERVICE"

 

Renumber the sections in sequence

 

Correct the title numbers accordingly

 

 

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

 

      The report was adopted.

 

 

Mariani from the Public Safety and Criminal Justice Reform Finance and Policy Division to which was referred:

 

H. F. No. 3675, A bill for an act relating to public safety; authorizing Department of Public Safety to accept grant funding.

 

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

 

      The report was adopted.

 

 

Mariani from the Public Safety and Criminal Justice Reform Finance and Policy Division to which was referred:

 

H. F. No. 3730, A bill for an act relating to public safety; giving a coroner or medical examiner access to the criminal justice data communications network for purposes of identifying unknown deceased persons; amending Minnesota Statutes 2018, section 299C.46, subdivision 3.

 

Reported the same back with the recommendation that the bill be re-referred to the Judiciary Finance and Civil Law Division.

 

      The report was adopted.


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Mariani from the Public Safety and Criminal Justice Reform Finance and Policy Division to which was referred:

 

H. F. No. 3820, A bill for an act relating to public safety; expanding definition of metropolitan area for purposes of 911 emergency services; amending Minnesota Statutes 2018, sections 403.02, subdivision 16; 403.07, subdivision 2; 403.21, subdivisions 3, 12; 403.36, subdivision 1.

 

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

 

      The report was adopted.

 

 

Mariani from the Public Safety and Criminal Justice Reform Finance and Policy Division to which was referred:

 

H. F. No. 3837, A bill for an act relating to public safety; expanding the reporting of crimes motivated by bias; amending the crime of property damage motivated by bias; requiring the Peace Officer Standards and Training Board to update training in recognizing, responding to, and reporting crimes of bias; requiring law enforcement agencies to adopt standard policies regarding crimes motivated by bias; appropriating money; amending Minnesota Statutes 2018, sections 363A.06, subdivision 1; 609.595, subdivisions 1a, 2; 626.5531, subdivision 1; 626.8451, subdivision 1; 626.8469, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 626.

 

Reported the same back with the recommendation that the bill be re-referred to the Judiciary Finance and Civil Law Division.

 

      The report was adopted.

 

 

Mariani from the Public Safety and Criminal Justice Reform Finance and Policy Division to which was referred:

 

H. F. No. 3869, A bill for an act relating to crime; including the unauthorized copying of data stored in computers as computer theft; amending Minnesota Statutes 2018, sections 609.87, by adding a subdivision; 609.89, subdivision 1.

 

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

 

      The report was adopted.

 

 

Fischer from the Water Division to which was referred:

 

H. F. No. 3948, A bill for an act relating to natural resources; appropriating money to study storm water retention and infiltration.

 

Reported the same back with the recommendation that the bill be re-referred to the Environment and Natural Resources Finance Division.

 

      The report was adopted.


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Mariani from the Public Safety and Criminal Justice Reform Finance and Policy Division to which was referred:

 

H. F. No. 3976, A bill for an act relating to public safety; establishing a task force on sentencing for aiding and abetting felony murder; requiring a report.

 

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

 

      The report was adopted.

 

 

Mariani from the Public Safety and Criminal Justice Reform Finance and Policy Division to which was referred:

 

H. F. No. 4081, A bill for an act relating to public safety; setting the maximum term of incarceration for a gross misdemeanor at 364 days; amending Minnesota Statutes 2018, section 609.03; proposing coding for new law in Minnesota Statutes, chapter 609.

 

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

 

      The report was adopted.

 

 

Mariani from the Public Safety and Criminal Justice Reform Finance and Policy Division to which was referred:

 

H. F. No. 4137, A bill for an act relating to public safety; requiring intent for the crimes of repeated harassing conduct; amending Minnesota Statutes 2018, sections 609.79, subdivision 1; 609.795, subdivision 1; Minnesota Statutes 2019 Supplement, sections 504B.206, subdivision 1; 609.749, subdivisions 2, 3, 8; repealing Minnesota Statutes 2018, section 609.749, subdivision 1a; Minnesota Statutes 2019 Supplement, section 609.749, subdivision 1.

 

Reported the same back with the recommendation that 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. 11, 741, 2385, 3375, 3451, 3517, 3675, 3820, 3869 and 4081 were read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

Kiel introduced:

 

H. F. No. 4328, A bill for an act relating to agriculture; modifying a 2019 appropriation; amending Laws 2019, First Special Session chapter 1, article 1, section 2, subdivision 4.

 

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


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Pierson and Sauke introduced:

 

H. F. No. 4329, A bill for an act relating to education; adjusting appropriations to the Minnesota Children's Museum of Rochester; amending Laws 2019, First Special Session chapter 11, article 2, section 33, subdivision 12.

 

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

 

 

Fabian introduced:

 

H. F. No. 4330, A bill for an act relating to taxation; property and local; establishing native prairie aid; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 477A.

 

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

 

 

Hansen, Becker-Finn, Lee, Ecklund and Wagenius introduced:

 

H. F. No. 4331, A bill for an act relating to agriculture; modifying provisions pertaining to the escape of farmed Cervidae; modifying identification requirements for farmed Cervidae; amending Minnesota Statutes 2018, section 35.155, subdivision 1; Minnesota Statutes 2019 Supplement, section 35.155, subdivision 6.

 

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

 

 

Bahner, Persell, Moller, Dehn, Ecklund, Morrison, Richardson, Edelson, Acomb, Koegel, Pryor, Claflin, Youakim, Klevorn and Jordan introduced:

 

H. F. No. 4332, A bill for an act relating to elections; authorizing the delivery of absentee ballots in certain situations; amending Minnesota Statutes 2018, section 203B.11, subdivision 1.

 

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

 

 

Swedzinski introduced:

 

H. F. No. 4333, A bill for an act relating to capital investment; appropriating money for capital improvements at the MERIT Center; authorizing the sale and issuance of state bonds.

 

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

 

 

Wolgamott and West introduced:

 

H. F. No. 4334, A bill for an act relating to human services; establishing a 24-hour customized living service rate floor for certain facilities; amending Minnesota Statutes 2019 Supplement, sections 256B.4914, subdivision 6; 256S.203; proposing coding for new law in Minnesota Statutes, chapter 256S.

 

The bill was read for the first time and referred to the Long-Term Care Division.


Journal of the House - 73rd Day - Wednesday, March 11, 2020 - Top of Page 6988

Richardson, Liebling, Cantrell, Lien and Howard introduced:

 

H. F. No. 4335, A bill for an act relating to health insurance; codifying certain provisions of the Affordable Care Act; amending Minnesota Statutes 2018, sections 62A.04, subdivision 2; 62A.10, by adding a subdivision; 62A.65, by adding a subdivision; 62D.095, subdivisions 2, 3, 4, 5; 62Q.01, subdivision 2a; 62Q.46; 62Q.677, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 363A.

 

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

 

 

Richardson introduced:

 

H. F. No. 4336, A bill for an act relating to education; modifying postsecondary enrollment provisions; amending Minnesota Statutes 2018, section 124D.09, subdivisions 11, 12; Minnesota Statutes 2019 Supplement, section 124D.09, subdivision 9.

 

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

 

 

Nelson, M.; Carlson, L.; Albright; Davids; Kresha; Lillie and Long introduced:

 

H. F. No. 4337, A bill for an act relating to state government finance; adjusting the calculation for the stadium general reserve account; requiring the commissioner of management and budget to notify the legislature before making changes to the stadium general reserve account; establishing a stadium payoff fund; transferring money; requiring the stadium payoff fund balance be used to redeem or defease the stadium appropriation bonds; amending Minnesota Statutes 2018, section 297E.021, subdivisions 3, 4, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 16A.

 

The bill was read for the first time and referred to the State Government Finance Division.

 

 

Erickson, Koznick and Gruenhagen introduced:

 

H. F. No. 4338, A bill for an act relating to education; increasing safe schools revenue; requiring a report; appropriating money; amending Minnesota Statutes 2018, sections 123B.61; 126C.44.

 

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

 

 

Koegel, Koznick and Hornstein introduced:

 

H. F. No. 4339, A bill for an act relating to transportation; authorizing a pilot program to provide transit passes for social services organizations; requiring a report.

 

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


Journal of the House - 73rd Day - Wednesday, March 11, 2020 - Top of Page 6989

Hansen introduced:

 

H. F. No. 4340, A bill for an act relating to transportation; providing for an investigation prior to revoking access to the driver and vehicle services information system; allowing an appeal after revocation; amending Minnesota Statutes 2018, section 171.12, subdivision 1a.

 

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

 

 

Xiong, T., introduced:

 

H. F. No. 4341, A bill for an act relating to consumer protection; requiring debt collectors to provide information in the preferred language of the debtor; proposing coding for new law in Minnesota Statutes, chapter 332.

 

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

 

 

Torkelson introduced:

 

H. F. No. 4342, A bill for an act relating to natural resources; appropriating money to prepare feasibility study on voluntarily merging soil and water conservation districts and watershed districts.

 

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

 

 

Lislegard introduced:

 

H. F. No. 4343, A bill for an act relating to taxation; property; limiting increases in valuation and taxation for homesteads owned by persons age 65 or older; amending Minnesota Statutes 2018, sections 273.11, subdivision 5, by adding a subdivision; 276.04, subdivision 2; Minnesota Statutes 2019 Supplement, section 273.121, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 273.

 

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

 

 

Franson introduced:

 

H. F. No. 4344, A bill for an act relating to transportation; designating a portion of marked Trunk Highway 29 in Douglas County as "Governor Knute Nelson Memorial Highway"; amending Minnesota Statutes 2018, section 161.14, by adding a subdivision.

 

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

 

 

Franson and Anderson introduced:

 

H. F. No. 4345, A bill for an act relating to natural resources; modifying provisions for watershed districts; amending Minnesota Statutes 2018, section 103D.715, subdivision 1.

 

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


Journal of the House - 73rd Day - Wednesday, March 11, 2020 - Top of Page 6990

Franson and Anderson introduced:

 

H. F. No. 4346, A bill for an act relating to natural resources; modifying provisions for watershed districts; amending Minnesota Statutes 2018, section 103D.631, subdivision 2.

 

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

 

 

Franson and Anderson introduced:

 

H. F. No. 4347, A bill for an act relating to natural resources; modifying provisions for watershed districts; amending Minnesota Statutes 2018, section 103D.335, subdivision 19; repealing Minnesota Statutes 2018, section 103D.345, subdivisions 1, 2, 3.

 

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

 

 

Franson, Munson, Bahr, Masin, Gruenhagen, Urdahl, Runbeck, Baker, Mekeland, Lucero, Miller, Johnson, Anderson, Heinrich and Nelson, N., introduced:

 

H. F. No. 4348, A bill for an act relating to health; providing minimum safety standards for any vaccine required to enroll or remain enrolled in an elementary or secondary school; amending Minnesota Statutes 2018, section 121A.15, by adding a subdivision.

 

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

 

 

Persell, Davids and Sandstede introduced:

 

H. F. No. 4349, A bill for an act relating to natural resources; increasing civil penalties for violations of snowmobile and off-highway vehicle provisions; amending Minnesota Statutes 2018, section 84.775, subdivision 4; Minnesota Statutes 2019 Supplement, section 84.775, subdivision 1.

 

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

 

 

Lesch introduced:

 

H. F. No. 4350, A bill for an act relating to taxation; individual income; establishing a refundable tax credit for direct support 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.

 

 

Quam introduced:

 

H. F. No. 4351, A bill for an act relating to elections; creating a technology and cybersecurity account; providing for technology and cybersecurity maintenance; requiring election day registrants to cast provisional ballots; amending the process to register to vote in conjunction with submitting an absentee ballot; providing a penalty; making conforming changes; appropriating money; amending Minnesota Statutes 2018, sections 171.072; 201.061, subdivisions 1a, 3, 4; 201.121, subdivision 1; 201.225, subdivisions 2, 5; 203B.04, subdivision 4; 203B.07,


Journal of the House - 73rd Day - Wednesday, March 11, 2020 - Top of Page 6991

subdivision 3; 203B.08, subdivision 3; 203B.081, subdivision 3; 203B.121, subdivision 2; 204C.07, subdivision 3a; 204C.14, subdivision 1; 204C.32; 204C.33, subdivision 1; 204C.37; 205.065, subdivision 5; 205.185, subdivision 3; 205A.03, subdivision 4; 205A.10, subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 5; 204C; repealing Minnesota Statutes 2018, sections 135A.17, subdivision 2; 201.061, subdivision 7; 201.121, subdivision 3.

 

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

 

 

Quam introduced:

 

H. F. No. 4352, A bill for an act relating to taxation; gross revenues; providing exemptions of certain payments received by certain nonprofits for the provider tax; amending Minnesota Statutes 2019 Supplement, section 295.53, subdivision 1.

 

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

 

 

Quam introduced:

 

H. F. No. 4353, A bill for an act relating to taxation; sales and use; providing an exemption for purchases made by certain nonprofit health care clinics; amending Minnesota Statutes 2019 Supplement, section 297A.70, subdivision 4.

 

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

 

 

Quam introduced:

 

H. F. No. 4354, A bill for an act relating to taxation; gross revenues; providing a credit against the provider tax for certain nonprofits; proposing coding for new law in Minnesota Statutes, chapter 295.

 

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

 

 

Morrison introduced:

 

H. F. No. 4355, A bill for an act relating to housing finance; appropriating money for a grant to Open Hands Foundation.

 

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

 

 

Petersburg introduced:

 

H. F. No. 4356, A bill for an act relating to transportation; designating a portion of marked Trunk Highway 13 in Waseca County as "Corporal Caleb L. Erickson Memorial Highway"; amending Minnesota Statutes 2018, section 161.14, by adding a subdivision.

 

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


Journal of the House - 73rd Day - Wednesday, March 11, 2020 - Top of Page 6992

Lesch introduced:

 

H. F. No. 4357, A bill for an act relating to health care; prohibiting health care facilities or providers from denying services because patient refuses to sign a facility's consent form; amending Minnesota Statutes 2018, section 144.293, subdivision 2.

 

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

 

 

Lesch introduced:

 

H. F. No. 4358, A bill for an act relating to public safety; expressly prohibiting civilly committed sex offenders from possessing firearms; amending Minnesota Statutes 2018, section 624.713, subdivision 4; Minnesota Statutes 2019 Supplement, section 624.713, subdivision 1.

 

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

 

 

Considine introduced:

 

H. F. No. 4359, A bill for an act relating to corrections; establishing a local correctional officers discipline procedures act; proposing coding for new law in Minnesota Statutes, chapter 641.

 

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

 

 

Stephenson introduced:

 

H. F. No. 4360, A bill for an act relating to parks and trails; appropriating money to acquire land for trail system along Elm Creek Greenway Corridor in Champlin.

 

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

 

 

Backer introduced:

 

H. F. No. 4361, A bill for an act relating to natural resources; allowing landowner requests for review of public water inventory errors; amending Minnesota Statutes 2018, section 103G.201.

 

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

 

 

Backer introduced:

 

H. F. No. 4362, A bill for an act relating to higher education; modifying teacher shortage loan forgiveness eligibility to include nonpublic schools; amending Minnesota Statutes 2018, section 136A.1791, subdivision 1.

 

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


Journal of the House - 73rd Day - Wednesday, March 11, 2020 - Top of Page 6993

Backer introduced:

 

H. F. No. 4363, A bill for an act relating to human services; providing state-funded medical assistance and MinnesotaCare coverage for inmates of county jails; amending Minnesota Statutes 2018, sections 256B.055, subdivision 14; 256L.04, subdivision 12; 641.15, subdivision 2.

 

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

 

 

Backer introduced:

 

H. F. No. 4364, A bill for an act relating to corrections; requiring the state to reimburse counties for jail inmate medical costs; amending Minnesota Statutes 2018, section 641.15, subdivision 2, by adding a subdivision.

 

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

 

 

Backer introduced:

 

H. F. No. 4365, A bill for an act relating to energy; appropriating money for an ammonia production pilot demonstration project.

 

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

 

 

Ecklund and Lislegard introduced:

 

H. F. No. 4366, A bill for an act relating to natural resources; appropriating money for campgrounds at Birch Lake Recreation Area.

 

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

 

 

Daniels introduced:

 

H. F. No. 4367, A bill for an act relating to civil actions; modifying time limit for bringing health care provider actions; amending Minnesota Statutes 2018, section 541.076.

 

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

 

 

Bierman and Huot introduced:

 

H. F. No. 4368, A bill for an act relating to natural resources; ensuring access to discounted state park permits for those with permanent disabilities; amending Minnesota Statutes 2018, section 85.053, subdivision 7.

 

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


Journal of the House - 73rd Day - Wednesday, March 11, 2020 - Top of Page 6994

Christensen, Acomb, Bahner and Kunesh-Podein introduced:

 

H. F. No. 4369, A bill for an act relating to tourism; expanding membership on the Explore Minnesota Tourism Council; amending Minnesota Statutes 2018, section 116U.25.

 

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

 

 

Bierman and Kiel introduced:

 

H. F. No. 4370, A bill for an act relating to human services; modifying provisions governing certified community behavioral health clinic payments; amending Minnesota Statutes 2019 Supplement, sections 245.735, subdivision 3; 256B.0625, subdivision 5m.

 

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

 

 

Marquart introduced:

 

H. F. No. 4371, A bill for an act relating to taxes; property and local; requiring additional information to be sent with the notice of proposed property taxes; amending Minnesota Statutes 2018, section 275.065, subdivision 3, by adding subdivisions.

 

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

 

 

Cantrell and Hamilton introduced:

 

H. F. No. 4372, A bill for an act relating to health care; modifying prompt payment requirements to health care providers; prohibiting discrimination against providers based on geographic location; modifying managed care organization's claims and payments to health care providers; amending Minnesota Statutes 2018, sections 62Q.735, subdivision 2; 62Q.736; 62Q.75, subdivisions 2, 3, 4; 256B.0625, subdivision 31; 256B.69, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 62K.

 

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

 

 

Lislegard and Davids introduced:

 

H. F. No. 4373, A bill for an act relating to taxation; providing a refundable film production tax credit; requiring reports; appropriating money; amending Minnesota Statutes 2018, section 297I.20, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 116U; 290.

 

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

 

 

Pinto introduced:

 

H. F. No. 4374, A bill for an act relating to human services; modifying the child care assistance provider reimbursement rates; amending Minnesota Statutes 2018, section 119B.13, subdivision 1.

 

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


Journal of the House - 73rd Day - Wednesday, March 11, 2020 - Top of Page 6995

Pinto introduced:

 

H. F. No. 4375, A bill for an act relating to early childhood; appropriating money for early learning scholarships.

 

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

 

 

Schultz introduced:

 

H. F. No. 4376, A bill for an act relating to employment; providing that covenants not to compete are void and unenforceable; providing for the protection of substantive provisions of Minnesota law to apply to matters arising in Minnesota; proposing coding for new law in Minnesota Statutes, chapter 181.

 

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

 

 

Davids introduced:

 

H. F. No. 4377, A bill for an act relating to capital investment; appropriating money for acquisition of Niagara Cave.

 

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

 

 

Masin, Cantrell and Mann introduced:

 

H. F. No. 4378, A bill for an act relating to taxation; property and local; authorizing the creation of a fire and ambulance special taxing district.

 

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

 

 

Davids introduced:

 

H. F. No. 4379, A bill for an act relating to capital investment; appropriating money for acquisition of Niagara Cave; authorizing the sale and issuance of state bonds.

 

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

 

 

Long; Xiong, J.; Noor; Wolgamott; Mann; Halverson; Richardson; Davnie; Hassan; Gomez; Lippert; Dehn; Pinto; Koegel; Lee; Vang; Freiberg; Brand; Mariani; Claflin; Acomb; Moller; Youakim; Becker-Finn; Olson; Klevorn; Jordan; Christensen; Elkins; Huot; Ecklund; Sundin; Stephenson; Cantrell and Xiong, T., introduced:

 

H. F. No. 4380, A bill for an act relating to state government; establishing a political contribution voucher program; repealing the political contribution refund program; authorizing rulemaking; making conforming changes; appropriating money; amending Minnesota Statutes 2018, sections 10A.20, subdivision 3; 10A.34, subdivision 4; 289A.37, subdivision 2; 289A.50, subdivision 1; 290.01, subdivision 6; proposing coding for new law as Minnesota Statutes, chapter 10B; repealing Minnesota Statutes 2018, sections 10A.322, subdivision 4; 13.4967, subdivision 2; 290.06, subdivision 23.

 

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


Journal of the House - 73rd Day - Wednesday, March 11, 2020 - Top of Page 6996

Long, Stephenson and Bierman introduced:

 

H. F. No. 4381, A bill for an act relating to energy; eliminating the renewable qualifying facility avoided cost pricing requirement; amending Minnesota Statutes 2018, section 216B.164, subdivision 4.

 

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

 

 

Her; Lee; Mann; Hassan; Gomez; Vang; Kunesh-Podein; Moller; Koegel; Xiong, T.; Christensen; Noor; Becker‑Finn; Dehn; Tabke; Wolgamott; Acomb; Wazlawik; Lillie; Considine; Mariani; Moran; Klevorn; Jordan; Howard; Richardson; Lesch; Hausman; Youakim and Hornstein introduced:

 

H. F. No. 4382, A bill for an act relating to courts; appropriating money to increase pay and reimbursement to interpreters.

 

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

 

 

Demuth introduced:

 

H. F. No. 4383, A bill for an act relating to education; defining and clarifying use of a pupil withdrawal agreement; amending Minnesota Statutes 2018, sections 121A.41, by adding a subdivision; 121A.47, by adding a subdivision.

 

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

 

 

Masin; Urdahl; Fischer; Carlson, L.; Nornes; Xiong, T.; Noor; Koegel; Kunesh-Podein; Theis; Considine; McDonald; Stephenson; Sauke; Long; Lippert; Hassan; Halverson; Xiong, J.; Pierson and Mariani introduced:

 

H. F. No. 4384, A bill for an act relating to education finance; increasing funding and modifying provisions for gifted and talented programs; amending Minnesota Statutes 2018, sections 120B.11, subdivision 5; 120B.15; 120B.20; 126C.10, subdivision 2b; proposing coding for new law in Minnesota Statutes, chapter 120B.

 

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

 

 

Demuth, Theis, West and Kresha introduced:

 

H. F. No. 4385, A bill for an act relating to child protection; modifying interview and notice requirements; requiring the commissioner of human services to develop certain protocols and training; amending Minnesota Statutes 2018, sections 260C.219; 626.556, subdivisions 3d, 10e, by adding a subdivision; Minnesota Statutes 2019 Supplement, section 626.556, subdivision 10.

 

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


Journal of the House - 73rd Day - Wednesday, March 11, 2020 - Top of Page 6997

Schultz, Olson and Gruenhagen introduced:

 

H. F. No. 4386, A bill for an act relating to health; modifying nursing home exceptions for replacement beds by adding an exception for a facility in Duluth; amending Minnesota Statutes 2019 Supplement, section 144A.071, subdivision 4a.

 

The bill was read for the first time and referred to the Long-Term Care Division.

 

 

Kunesh-Podein, Becker-Finn, Considine, Bierman, Hassan, Mann, Gomez, Lee and Richardson introduced:

 

H. F. No. 4387, A bill for an act relating to education; prohibiting the use of American Indian mascots and logos; amending Minnesota Statutes 2018, section 124E.03, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 123B; 135A.

 

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

 

 

Anderson and Franson introduced:

 

H. F. No. 4388, A bill for an act relating to taxation; individual income; establishing a subtraction for in-home day care providers; amending Minnesota Statutes 2018, section 290.0132, by adding a subdivision.

 

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

 

 

Layman, Dettmer, Mariani, Novotny, Johnson, Grossell and Freiberg introduced:

 

H. F. No. 4389, A bill for an act relating to public safety; establishing a 911 telecommunicator working group to establish statewide standards for training and certification; requiring a report.

 

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

 

 

Poston, Hamilton, Mekeland, Munson, Novotny, Bahr, Miller, Drazkowski, Fabian, Kiel and Theis introduced:

 

H. F. No. 4390, A bill for an act relating to agriculture; increasing the sales limit for the cottage foods license exemption; amending Minnesota Statutes 2018, section 28A.152, subdivisions 3, 5.

 

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

 

 

Persell, Kunesh-Podein and Becker-Finn introduced:

 

H. F. No. 4391, A bill for an act relating to taxation; property and local; exempting certain tribal-owned property; amending Minnesota Statutes 2018, section 272.02, by adding a subdivision.

 

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


Journal of the House - 73rd Day - Wednesday, March 11, 2020 - Top of Page 6998

Quam, Hertaus, Gruenhagen, Munson and Drazkowski introduced:

 

H. F. No. 4392, A bill for an act relating to state government; changing certain state government operations; repealing state aid to PERA for MERF; modifying rulemaking process for construction rules; establishing zero‑based budgeting; adding constraints on contracting with exclusive representatives of state employees; conditional appropriation reductions; amending Minnesota Statutes 2018, sections 3.855, subdivision 2, by adding a subdivision; 16A.103, subdivision 1a; 16A.11, subdivision 3; 179A.20, by adding a subdivision; Minnesota Statutes 2019 Supplement, section 353.27, subdivision 3c; proposing coding for new law in Minnesota Statutes, chapters 14; 16A; repealing Minnesota Statutes 2019 Supplement, section 353.505.

 

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

 

 

Kunesh-Podein; Xiong, J.; Becker-Finn; Lillie and Her introduced:

 

H. F. No. 4393, A bill for an act relating to capital investment; appropriating money for the Wakan Tipi Center 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.

 

 

Huot; Mariani; Cantrell; Hamilton; Bierman; Vang; Gomez; Xiong, T.; Olson; Klevorn; Schomacker; Fischer; Hornstein; Moran; Halverson; Schultz; Lillie; Her; Hassan; Ecklund and Edelson introduced:

 

H. F. No. 4394, A bill for an act relating to health; appropriating money for grants to nonprofit organizations to assist communities and individuals in healthy living initiatives; requiring a report.

 

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

 

 

Brand, Considine and Sundin introduced:

 

H. F. No. 4395, A bill for an act relating to human services; modifying criteria for discharging civilly committed patients; amending Minnesota Statutes 2018, sections 253B.18, subdivision 15; 253D.31.

 

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

 

 

Albright introduced:

 

H. F. No. 4396, A bill for an act relating to education; requiring a county board to notify a child's resident district and serving district of placement for care and treatment; modifying the definition of legal residence for a child with a disability placed in a foster facility; modifying the definition of legal residence for a child without a disability placed in a foster facility; amending Minnesota Statutes 2018, sections 125A.15; 125A.17; 125A.51.

 

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


Journal of the House - 73rd Day - Wednesday, March 11, 2020 - Top of Page 6999

Brand, Freiberg, Long, Sandell and Edelson introduced:

 

H. F. No. 4397, A bill for an act relating to energy; providing for a revenue-neutral assessment on environmental emissions; providing for refundable FICA and property tax credits; providing for credits against income taxes to be paid as dividends; authorizing loans for energy efficiency and renewable energy projects; providing rulemaking authority; requiring reports; appropriating money; amending Minnesota Statutes 2018, sections 273.1392; 273.1393; 275.065, subdivision 3; 276.04, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 273; 290; proposing coding for new law as Minnesota Statutes, chapter 216I.

 

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

 

 

Brand, Lippert, Fischer and Considine introduced:

 

H. F. No. 4398, A bill for an act relating to waters; establishing a water quality and storage program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 103F.

 

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

 

 

Gruenhagen, Davnie and Urdahl introduced:

 

H. F. No. 4399, A bill for an act relating to education finance; modifying the declining enrollment revenue formula; amending Minnesota Statutes 2019 Supplement, section 126C.10, subdivision 2d.

 

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

 

 

Schultz and Olson introduced:

 

H. F. No. 4400, A bill for an act relating to capital investment; modifying the match requirement in the 2018 appropriation for renovation of the Historic Glensheen Estate; amending Laws 2018, chapter 214, article 1, section 2, subdivision 6.

 

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

 

 

Carlson, A., introduced:

 

H. F. No. 4401, A bill for an act relating to liquor; clarifying deliveries; amending Minnesota Statutes 2018, section 340A.504, subdivision 4.

 

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

 

 

Persell, Lesch and Ecklund introduced:

 

H. F. No. 4402, A bill for an act relating to taxation; property and local; extending eligibility for the disabled veteran homestead market value exclusion.

 

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


Journal of the House - 73rd Day - Wednesday, March 11, 2020 - Top of Page 7000

O'Neill, Franson, Johnson, Urdahl, Petersburg, Grossell, Haley, Garofalo, Green, Anderson, Demuth, Novotny and McDonald introduced:

 

H. F. No. 4403, A bill for an act relating to health; limiting use of funds for state-sponsored health programs for funding abortions.

 

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

 

 

O'Neill, Nash, Marquart, Boe, Bennett, Drazkowski, Pierson, Miller, Mekeland, Scott, Jurgens, Baker, Heintzeman, Dettmer, Albright, Kiel, Erickson, Neu, Swedzinski, Theis, Nornes, Gruenhagen, Poston, Fabian, Daniels, Robbins, Lueck, Koznick, Runbeck, Layman, Gunther, Lucero and Daudt introduced:

 

H. F. No. 4404, A bill for an act relating to health; limiting use of funds for state-sponsored health programs for funding abortions.

 

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

 

 

Baker introduced:

 

H. F. No. 4405, A bill for an act relating to capital investment; appropriating money for a recreation and education building for the Prairie Lakes Youth Program in Kandiyohi County; authorizing the sale and issuance of state bonds.

 

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

 

 

Miller introduced:

 

H. F. No. 4406, A bill for an act relating to health; adding a disorder to the list of disorders to be tested for in the newborn screening program; amending Minnesota Statutes 2018, section 144.125, subdivision 2.

 

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

 

 

Erickson introduced:

 

H. F. No. 4407, A bill for an act relating to education finance; authorizing a fund transfer for Independent School District No. 333, Ogilvie.

 

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

 

 

Erickson introduced:

 

H. F. No. 4408, A bill for an act relating to capital investment; appropriating money for improvements to the sanitary sewer system in the Garrison, Kathio, West Mille Lacs Lake Sanitary Sewer District; 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 - 73rd Day - Wednesday, March 11, 2020 - Top of Page 7001

Gomez; Her; Edelson; Jordan; Xiong, T.; Noor; Lee; Hassan; Kunesh-Podein and Moran introduced:

 

H. F. No. 4409, A bill for an act relating to family law; providing rights for blind parents; amending Minnesota Statutes 2018, sections 259.53, by adding a subdivision; 260C.201, by adding a subdivision; 518.1751, by adding a subdivision.

 

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

 

 

Bahr introduced:

 

H. F. No. 4410, A bill for an act relating to local government; providing for towns to adopt home rule charters; requiring a report; amending Minnesota Statutes 2018, sections 410.015; 410.04; 410.06; 410.11; 410.12, subdivisions 1, 2, 3, 5, 7; 410.15; 410.20; 410.24; 410.30; 410.33; proposing coding for new law in Minnesota Statutes, chapter 410.

 

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

 

 

Becker-Finn introduced:

 

H. F. No. 4411, A bill for an act relating to game and fish; modifying Cervidae carcass transportation restrictions; amending Minnesota Statutes 2019 Supplement, section 97A.505, subdivision 8.

 

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

 

 

Erickson introduced:

 

H. F. No. 4412, A bill for an act relating to education; district grading policies; statewide assessments; amending Minnesota Statutes 2018, section 123B.06.

 

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

 

 

Sundin introduced:

 

H. F. No. 4413, A bill for an act relating to workers' compensation; adopting recommendations of the 2020 Workers' Compensation Advisory Council; amending Minnesota Statutes 2018, sections 79A.02, subdivision 4; 79A.04, subdivision 2; 79A.06, subdivision 5; 79A.22, subdivision 13; 79A.24, subdivision 2; 176.011, subdivision 15; 176.102, subdivision 10; 176.111, subdivision 22; 176.135, subdivision 1; 176.185, by adding a subdivision; 176.223; Minnesota Statutes 2019 Supplement, sections 176.181, subdivision 2; 176.231, subdivisions 5, 6, 9, 9a; 176.2611, subdivision 5; 176.2612, subdivisions 1, 3; 176.275, subdivision 2; 176.285, subdivision 1; repealing Minnesota Statutes 2018, section 176.181, subdivision 6.

 

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


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Noor introduced:

 

H. F. No. 4414, A bill for an act relating to employment; modifying eligibility conditions for unemployment insurance and the use of sick leave benefits during an outbreak of a communicable disease; amending Minnesota Statutes 2018, section 268.085, subdivision 1; Minnesota Statutes 2019 Supplement, section 181.9413.

 

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

 

 

Davnie, Youakim, Olson and Winkler introduced:

 

H. F. No. 4415, A bill for an act relating to education; requiring compensation for hourly employees for school days canceled due to COVID-19 during the 2019-2020 school year.

 

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

 

 

Schultz, Olson and Winkler introduced:

 

H. F. No. 4416, A bill for an act relating to health insurance; requiring health plan companies to cover testing, treatment, and quarantines relating to COVID-19.

 

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

 

 

REPORT FROM THE COMMITTEE ON RULES

AND LEGISLATIVE ADMINISTRATION

 

      Winkler from the Committee on Rules and Legislative Administration, pursuant to rules 1.21 and 3.33, designated the following bill to be placed on the Calendar for the Day for Thursday, March 12, 2020 and established a prefiling requirement for amendments offered to the following bill:

 

      S. F. No. 3564.

 

 

MOTIONS AND RESOLUTIONS

 

 

      Youakim moved that the name of Kunesh-Podein be added as an author on H. F. No. 163.  The motion prevailed.

 

      Huot moved that the name of Youakim be added as an author on H. F. No. 575.  The motion prevailed.

 

      Hausman moved that the name of Koznick be added as an author on H. F. No. 598.  The motion prevailed.

 

      Swedzinski moved that the name of Drazkowski be added as an author on H. F. No. 848.  The motion prevailed.

 

      Lesch moved that the name of Dehn be added as an author on H. F. No. 1060.  The motion prevailed.

 

      Lesch moved that the name of Dehn be added as an author on H. F. No. 1061.  The motion prevailed.

 

      Considine moved that the name of Mariani be added as an author on H. F. No. 1254.  The motion prevailed.


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           Stephenson moved that the name of Lillie be added as an author on H. F. No. 1405.  The motion prevailed.

 

      Cantrell moved that the names of Stephenson, Poston and Dehn be added as authors on H. F. No. 1805.  The motion prevailed.

 

      Morrison moved that the name of Acomb be added as an author on H. F. No. 1992.  The motion prevailed.

 

      Vang moved that the name of Lillie be added as an author on H. F. No. 2054.  The motion prevailed.

 

      Klevorn moved that the name of Kiel be added as an author on H. F. No. 2182.  The motion prevailed.

 

      Mariani moved that the name of Huot be added as an author on H. F. No. 2341.  The motion prevailed.

 

      Long moved that the name of Lesch be added as an author on H. F. No. 2396.  The motion prevailed.

 

      Heintzeman moved that his name be stricken as an author on H. F. No. 2703.  The motion prevailed.

 

      Cantrell moved that the name of Lillie be added as an author on H. F. No. 2971.  The motion prevailed.

 

      Lesch moved that the name of Becker-Finn be added as an author on H. F. No. 3010.  The motion prevailed.

 

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

 

      Richardson moved that the name of Morrison be added as an author on H. F. No. 3093.  The motion prevailed.

 

      Stephenson moved that the name of Klevorn be added as an author on H. F. No. 3099.  The motion prevailed.

 

      Kunesh-Podein moved that the names of Her and Hassan be added as authors on H. F. No. 3201.  The motion prevailed.

 

      Acomb moved that the name of Haley be added as an author on H. F. No. 3206.  The motion prevailed.

 

      Morrison moved that the names of Pinto and Mariani be added as authors on H. F. No. 3228.  The motion prevailed.

 

      Persell moved that the name of Lillie be added as an author on H. F. No. 3299.  The motion prevailed.

 

      Kunesh-Podein moved that the name of Bierman be added as an author on H. F. No. 3322.  The motion prevailed.

 

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

 

      Persell moved that the name of Grossell be added as an author on H. F. No. 3344.  The motion prevailed.

 

      Hassan moved that the name of Dehn be added as an author on H. F. No. 3358.  The motion prevailed.

 

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

 

      Acomb moved that the name of Moller be added as an author on H. F. No. 3436.  The motion prevailed.


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           Grossell moved that the names of Marquart, Layman, Kiel, Kresha and Erickson be added as authors on H. F. No. 3510.  The motion prevailed.

 

      Youakim moved that the name of Kunesh-Podein be added as an author on H. F. No. 3536.  The motion prevailed.

 

      Halverson moved that the names of Theis and Stephenson be added as authors on H. F. No. 3551.  The motion prevailed.

 

      Lippert moved that the name of Brand be added as an author on H. F. No. 3558.  The motion prevailed.

 

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

 

      Lesch moved that the name of Gomez be added as an author on H. F. No. 3584.  The motion prevailed.

 

      Gomez moved that the name of Stephenson be added as an author on H. F. No. 3643.  The motion prevailed.

 

      Koznick moved that his name be stricken as an author on H. F. No. 3658.  The motion prevailed.

 

      Moran moved that the name of Koznick be added as an author on H. F. No. 3660.  The motion prevailed.

 

      Wolgamott moved that the name of Poston be added as an author on H. F. No. 3671.  The motion prevailed.

 

      Lippert moved that the name of Persell be added as an author on H. F. No. 3689.  The motion prevailed.

 

      Moran moved that the name of Mariani be added as an author on H. F. No. 3736.  The motion prevailed.

 

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

 

      McDonald moved that the name of Davids be added as an author on H. F. No. 3806.  The motion prevailed.

 

      Mann moved that the name of Lippert be added as an author on H. F. No. 3847.  The motion prevailed.

 

      Nelson, N., moved that the name of Lueck be added as an author on H. F. No. 3860.  The motion prevailed.

 

      Pryor moved that the name of Noor be added as an author on H. F. No. 3880.  The motion prevailed.

 

      Xiong, J., moved that the name of Lillie be added as an author on H. F. No. 3909.  The motion prevailed.

 

      Hausman moved that the name of Boe be added as an author on H. F. No. 3937.  The motion prevailed.

 

      Bierman moved that the name of Acomb be added as an author on H. F. No. 3955.  The motion prevailed.

 

      Hassan moved that her name be stricken as an author on H. F. No. 3957.  The motion prevailed.

 

      Vang moved that the name of Lillie be added as an author on H. F. No. 3982.  The motion prevailed.

 

      Lislegard moved that the name of Davids be added as an author on H. F. No. 3983.  The motion prevailed.

 

      Murphy moved that the name of Olson be added as an author on H. F. No. 3992.  The motion prevailed.


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           Huot moved that the name of Lillie be added as an author on H. F. No. 3999.  The motion prevailed.

 

      Hausman moved that the name of Kiel be added as an author on H. F. No. 4027.  The motion prevailed.

 

      Tabke moved that the name of Long be added as an author on H. F. No. 4049.  The motion prevailed.

 

      Noor moved that the name of Hassan be added as an author on H. F. No. 4088.  The motion prevailed.

 

      Daudt moved that the names of Erickson and Novotny be added as authors on H. F. No. 4093.  The motion prevailed.

 

      Mahoney moved that the names of Koegel, Stephenson and Cantrell be added as authors on H. F. No. 4100.  The motion prevailed.

 

      Brand moved that the name of Poston be added as an author on H. F. No. 4102.  The motion prevailed.

 

      Becker-Finn moved that the names of Kunesh-Podein and Persell be added as authors on H. F. No. 4117.  The motion prevailed.

 

      Noor moved that the name of Hassan be added as an author on H. F. No. 4157.  The motion prevailed.

 

      Stephenson moved that the name of Hornstein be added as an author on H. F. No. 4181.  The motion prevailed.

 

      Hansen moved that the name of Lillie be added as an author on H. F. No. 4215.  The motion prevailed.

 

      Christensen moved that the name of Brand be added as an author on H. F. No. 4224.  The motion prevailed.

 

      Becker-Finn moved that the names of Hamilton and Gomez be added as authors on H. F. No. 4229.  The motion prevailed.

 

      Franson moved that the name of Backer be added as an author on H. F. No. 4248.  The motion prevailed.

 

      Sundin moved that the names of Sandstede and Bennett be added as authors on H. F. No. 4249.  The motion prevailed.

 

      Fabian moved that the names of Lucero, Stephenson, Hertaus, Boe and Lueck be added as authors on H. F. No. 4256.  The motion prevailed.

 

      Moller moved that the name of Youakim be added as an author on H. F. No. 4257.  The motion prevailed.

 

      Olson moved that the name of Lueck be added as an author on H. F. No. 4258.  The motion prevailed.

 

      Xiong, J., moved that the names of Moran and Hassan be added as authors on H. F. No. 4260.  The motion prevailed.

 

      Tabke moved that the name of Lueck be added as an author on H. F. No. 4263.  The motion prevailed.

 

      Edelson moved that the name of Boe be added as an author on H. F. No. 4266.  The motion prevailed.

 

      Ecklund moved that the names of Sandstede and Bennett be added as authors on H. F. No. 4268.  The motion prevailed.


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           Liebling moved that the names of Moran and Becker-Finn be added as authors on H. F. No. 4275.  The motion prevailed.

 

      Vang moved that the names of Mahoney and Becker-Finn be added as authors on H. F. No. 4281.  The motion prevailed.

 

      Olson moved that the name of Boe be added as an author on H. F. No. 4283.  The motion prevailed.

 

      Olson moved that the names of Schultz and Becker-Finn be added as authors on H. F. No. 4284.  The motion prevailed.

 

      Theis moved that the name of Lueck be added as an author on H. F. No. 4302.  The motion prevailed.

 

      Hertaus moved that the name of Gruenhagen be added as an author on H. F. No. 4308.  The motion prevailed.

 

      Carlson, L., moved that the name of Garofalo be added as an author on H. F. No. 4315.  The motion prevailed.

 

      Kresha moved that the name of Boe be added as an author on H. F. No. 4318.  The motion prevailed.

 

      Gruenhagen moved that the names of Franson, Boe, Runbeck and Mekeland be added as authors on H. F. No. 4323.  The motion prevailed.

 

      Liebling moved that the name of Moran be added as an author on H. F. No. 4326.  The motion prevailed.

 

 

ADJOURNMENT

 

      Winkler moved that when the House adjourns today it adjourn until 3:30 p.m., Thursday, March 12, 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., Thursday, March 12, 2020.

 

 

Patrick D. Murphy, Chief Clerk, House of Representatives