Journal of the House - 32nd Day - Thursday, April 4, 2019 - Top of Page 1841

STATE OF MINNESOTA

 

Journal of the House

 

NINETY-FIRST SESSION - 2019

 

_____________________

 

THIRTY-SECOND DAY

 

Saint Paul, Minnesota, Thursday, April 4, 2019

 

 

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

 

      Prayer was offered by Imam Makram El-Amin, Masjid An-Nur, Minneapolis, 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

Bahner

Bahr

Baker

Becker-Finn

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

Heinrich

Heintzeman

Her

Hertaus

Hornstein

Howard

Huot

Johnson

Jurgens

Kiel

Klevorn

Koegel

Kotyza-Witthuhn

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Lippert

Lislegard

Loeffler

Long

Lucero

Lueck

Mahoney

Mann

Mariani

Marquart

Masin

McDonald

Mekeland

Miller

Moller

Moran

Morrison

Munson

Murphy

Nash

Nelson, M.

Nelson, N.

Neu

Noor

Nornes

O'Driscoll

Olson

Pelowski

Persell

Petersburg

Pierson

Pinto

Poppe

Poston

Pryor

Quam

Richardson

Robbins

Runbeck

Sandell

Sandstede

Sauke

Schomacker

Schultz

Scott

Stephenson

Sundin

Swedzinski

Tabke

Theis

Torkelson

Urdahl

Vang

Vogel

Wagenius

Wazlawik

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Zerwas

Spk. Hortman


 

      A quorum was present.

 

      Backer, Bennett, O'Neill 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.


Journal of the House - 32nd Day - Thursday, April 4, 2019 - Top of Page 1842

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

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

 

H. F. No. 2051, A bill for an act relating to insurance; making changes to conform with certain model regulations; making federally conforming changes to supplemental Medicare coverage; amending Minnesota Statutes 2018, sections 60A.1291, subdivisions 1, 15, by adding a subdivision; 60A.51, by adding a subdivision; 60A.52, subdivision 1; 60D.15, by adding subdivisions; 62A.3099, by adding a subdivision; 62A.31, subdivision 1, by adding a subdivision; 62A.315; 62A.316; 62A.3161; 62A.3162; 62A.3163; 62A.3164; 62A.3165; 62A.318, subdivision 17; 62E.07; proposing coding for new law in Minnesota Statutes, chapters 60A; 60D.

 

Reported the same back with the following amendments:

 

Page 6, line 21, before "The" insert ""Groupwide supervisor" means"

 

Page 6, line 27, before "An" insert ""Internationally active insurance group" means"

 

 

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

 

      The report was adopted.

 

      Pursuant to Joint Rule 2.03 and in accordance with House Concurrent Resolution No. 1, H. F. No. 2051 was re‑referred to the Committee on Rules and Legislative Administration.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

Swedzinski and Schomacker introduced:

 

H. F. No. 2810, A bill for an act relating to capital investment; appropriating money for the Lincoln-Pipestone Rural Water System to provide expanded water service to the region; authorizing the sale and issuance of state bonds.

 

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

 

 

Gomez introduced:

 

H. F. No. 2811, A bill for an act relating to taxation; creating a Tax Expenditure Advisory Commission; providing for review and sunset of tax expenditures; proposing coding for new law as Minnesota Statutes, chapter 290D.

 

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


Journal of the House - 32nd Day - Thursday, April 4, 2019 - Top of Page 1843

Gomez introduced:

 

H. F. No. 2812, A bill for an act relating to taxes; property tax aids; creating a new aid program to assist with low-income housing; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 477A.

 

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

 

 

Vang and Nelson, M., introduced:

 

H. F. No. 2813, A bill for an act relating to capital investment; appropriating money for an interchange project in Brooklyn Center; authorizing the sale and issuance of state bonds.

 

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

 

 

Runbeck, Torkelson, Murphy, Huot and Daniels introduced:

 

H. F. No. 2814, A bill for an act relating to transportation; establishing a rail infrastructure and economic development program; modifying rail-related accounts; making technical changes; amending Minnesota Statutes 2018, sections 222.49; 222.50, subdivision 7; 222.57; 222.63, subdivision 8; proposing coding for new law in Minnesota Statutes, chapter 222.

 

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

 

 

Fabian, Swedzinski, Grossell, Runbeck, Albright, Green, Layman, Theis, Daudt, Nornes, Poston, Gruenhagen, Daniels, Demuth, Kiel, Mekeland, Lislegard, Neu, Dettmer, Erickson, West, Torkelson, Lueck, Scott and Nash introduced:

 

H. F. No. 2815, A bill for an act relating to commerce; prohibiting the use of appropriated funds to support certain legal proceedings.

 

The bill was read for the first time.

 

 

MOTION TO DECLARE URGENCY

 

      Pursuant to Article IV, Section 19, of the Constitution of the state of Minnesota, Fabian moved that the rule therein be suspended and an urgency be declared and that the rules of the House be so far suspended so that H. F. No. 2815 be given its second and third readings and be placed upon its final passage.

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Fabian motion and the roll was called.  There were 56 yeas and 74 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson

Bahr

Baker

Boe

Daniels

Daudt

Davids

Demuth

Dettmer

Drazkowski

Erickson

Fabian

Franson

Garofalo

Green

Grossell

Gruenhagen


Journal of the House - 32nd Day - Thursday, April 4, 2019 - Top of Page 1844

Gunther

Haley

Hamilton

Heinrich

Heintzeman

Hertaus

Johnson

Jurgens

Kiel

Koznick

Kresha

Layman

Lislegard

Lucero

Lueck

McDonald

Mekeland

Miller

Munson

Nash

Nelson, N.

Neu

Nornes

O'Driscoll

Petersburg

Pierson

Poston

Quam

Robbins

Runbeck

Schomacker

Scott

Swedzinski

Theis

Torkelson

Urdahl

Vogel

Zerwas


 

      Those who voted in the negative were:

 


Acomb

Bahner

Becker-Finn

Bernardy

Bierman

Brand

Cantrell

Carlson, A.

Carlson, L.

Christensen

Claflin

Considine

Davnie

Dehn

Ecklund

Edelson

Elkins

Fischer

Freiberg

Gomez

Halverson

Hansen

Hassan

Hausman

Her

Hornstein

Howard

Huot

Klevorn

Koegel

Kotyza-Witthuhn

Kunesh-Podein

Lee

Lesch

Liebling

Lien

Lillie

Lippert

Loeffler

Long

Mahoney

Mann

Mariani

Marquart

Masin

Moller

Moran

Morrison

Murphy

Nelson, M.

Noor

Olson

Pelowski

Persell

Pinto

Poppe

Pryor

Richardson

Sandell

Sandstede

Sauke

Schultz

Stephenson

Sundin

Tabke

Vang

Wagenius

Wazlawik

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

 

      The motion did not prevail.

 

 

H. F. No. 2815 was referred to the Committee on Commerce.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS, Continued

 

 

      The following House Files were introduced:

 

 

Anderson introduced:

 

H. F. No. 2816, A bill for an act relating to energy; imposing a moratorium of construction and expansion of community solar gardens outside the 11-county metropolitan area; requiring a report.

 

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

 

 

Anderson introduced:

 

H. F. No. 2817, A bill for an act relating to game and fish; allowing portable deer stands to be left overnight in certain wildlife management areas; amending Minnesota Statutes 2018, section 97A.137, subdivision 5.

 

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


Journal of the House - 32nd Day - Thursday, April 4, 2019 - Top of Page 1845

Neu, Johnson and Dettmer introduced:

 

H. F. No. 2818, A bill for an act relating to capital investment; appropriating money for reconstruction project of marked U.S. Highway 8; authorizing the sale and issuance of state bonds.

 

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

 

 

Howard and Schultz introduced:

 

H. F. No. 2819, A bill for an act relating to taxation; income; imposing a tax on the excess prices of certain drugs; 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.

 

 

Persell introduced:

 

H. F. No. 2820, A bill for an act relating to human services; directing the commissioner of human services to make recommendations for substance use disorder treatment provider paperwork reduction and systems improvement; appropriating money.

 

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

 

 

MESSAGES FROM THE SENATE

 

 

      The following messages were received from the Senate:

 

 

Madam Speaker:

 

I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File: 

 

H. F. No. 400, A bill for an act relating to health; establishing the Opioid Addiction Advisory Council; establishing the opioid stewardship fund; establishing an opiate product registration fee; modifying provisions related to opioid addiction prevention, education, intervention, treatment, and recovery; requiring reports; appropriating money; amending Minnesota Statutes 2018, sections 16A.151, subdivision 2; 145.9269, subdivision 1; 145C.05, subdivision 2; 151.252, subdivision 1; 151.37, subdivision 12; 151.47, by adding a subdivision; 151.71, by adding a subdivision; 152.105, subdivision 2; 152.11, subdivision 2d, by adding subdivisions; 214.12, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 16A; 62Q; 145; 145C; 151.

 

The Senate has appointed as such committee:

 

Senators Rosen, Draheim and Eaton.

 

Said House File is herewith returned to the House.

 

Cal R. Ludeman, Secretary of the Senate


Journal of the House - 32nd Day - Thursday, April 4, 2019 - Top of Page 1846

Madam Speaker:

 

      I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:

 

      S. F. Nos. 277, 278 and 1257.

 

Cal R. Ludeman, Secretary of the Senate

 

 

FIRST READING OF SENATE BILLS

 

 

S. F. No. 277, A bill for an act relating to health care; establishing direct primary care service agreements; amending Minnesota Statutes 2018, sections 62A.01, by adding a subdivision; 62A.011, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 62Q.

 

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

 

 

S. F. No. 278, A bill for an act relating to health care; creating licensure and regulations for pharmacy benefit managers; appropriating money; amending Minnesota Statutes 2018, section 151.21, subdivision 7, by adding a subdivision; proposing coding for new law as Minnesota Statutes, chapter 62W; repealing Minnesota Statutes 2018, sections 151.214, subdivision 2; 151.60; 151.61; 151.62; 151.63; 151.64; 151.65; 151.66; 151.67; 151.68; 151.69; 151.70; 151.71.

 

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

 

 

S. F. No. 1257, A bill for an act relating to health care; authorizing the use of epinephrine auto-injectors by certain individuals who complete a training program; amending Minnesota Statutes 2018, section 144.999.

 

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

 

 

REPORT FROM THE COMMITTEE ON RULES

AND LEGISLATIVE ADMINISTRATION

 

      Winkler from the Committee on Rules and Legislative Administration, pursuant to rules 1.21 and 3.33, designated the following bills to be placed on the Calendar for the Day for Monday, April 8, 2019 and established a prefiling requirement for amendments offered to the following bills:

 

      S. F. No. 1339; and H. F. Nos. 637, 1883, 1960, 2154, 622, 2225, 1188, 2181, 1983, 990 and 1840.

 

 

CALENDAR FOR THE DAY

 

 

      S. F. No. 131, A bill for an act relating to health care; requiring facility fee disclosure; proposing coding for new law in Minnesota Statutes, chapter 62J.

 

 

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


Journal of the House - 32nd Day - Thursday, April 4, 2019 - Top of Page 1847

           The question was taken on the passage of the bill and the roll was called.  There were 130 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Albright

Anderson

Bahner

Bahr

Baker

Becker-Finn

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

Heinrich

Heintzeman

Her

Hertaus

Hornstein

Howard

Huot

Johnson

Jurgens

Kiel

Klevorn

Koegel

Kotyza-Witthuhn

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Lippert

Lislegard

Loeffler

Long

Lucero

Lueck

Mahoney

Mann

Mariani

Marquart

Masin

McDonald

Mekeland

Miller

Moller

Moran

Morrison

Munson

Murphy

Nash

Nelson, M.

Nelson, N.

Neu

Noor

Nornes

O'Driscoll

Olson

Pelowski

Persell

Petersburg

Pierson

Pinto

Poppe

Poston

Pryor

Quam

Richardson

Robbins

Runbeck

Sandell

Sandstede

Sauke

Schomacker

Schultz

Scott

Stephenson

Sundin

Swedzinski

Tabke

Theis

Torkelson

Urdahl

Vang

Vogel

Wagenius

Wazlawik

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Zerwas

Spk. Hortman


 

 

      The bill was passed and its title agreed to.

 

 

      S. F. No. 584, A bill for an act relating to health licensing; converting allied health professions to a birth month renewal cycle; making technical corrections; modifying certain fees; amending Minnesota Statutes 2018, sections 147.01, subdivision 7; 147.012; 147.02, by adding a subdivision; 147A.06; 147A.07; 147A.28; 147B.02, subdivision 9, by adding a subdivision; 147B.08; 147C.15, subdivision 7, by adding a subdivision; 147C.40; 147D.17, subdivision 6, by adding a subdivision; 147D.27, by adding a subdivision; 147E.15, subdivision 5, by adding a subdivision; 147E.40, subdivision 1; 147F.07, subdivision 5, by adding subdivisions; 147F.17, subdivision 1; 148.7815, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 147A; 147B; 147C; 147D; 147E; 147F; repealing Minnesota Rules, part 5600.0605, subparts 5, 8.

 

 

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

 

      The question was taken on the passage of the bill and the roll was called.  There were 130 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Albright

Anderson

Bahner

Bahr

Baker

Becker-Finn

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


Journal of the House - 32nd Day - Thursday, April 4, 2019 - Top of Page 1848

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hassan

Hausman

Heinrich

Heintzeman

Her

Hertaus

Hornstein

Howard

Huot

Johnson

Jurgens

Kiel

Klevorn

Koegel

Kotyza-Witthuhn

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Lippert

Lislegard

Loeffler

Long

Lucero

Lueck

Mahoney

Mann

Mariani

Marquart

Masin

McDonald

Mekeland

Miller

Moller

Moran

Morrison

Munson

Murphy

Nash

Nelson, M.

Nelson, N.

Neu

Noor

Nornes

O'Driscoll

Olson

Pelowski

Persell

Petersburg

Pierson

Pinto

Poppe

Poston

Pryor

Quam

Richardson

Robbins

Runbeck

Sandell

Sandstede

Sauke

Schomacker

Schultz

Scott

Stephenson

Sundin

Swedzinski

Tabke

Theis

Torkelson

Urdahl

Vang

Vogel

Wagenius

Wazlawik

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Zerwas

Spk. Hortman


 

 

      The bill was passed and its title agreed to.

 

 

      H. F. No. 1997, A bill for an act relating to local government; extending Hennepin County job order contracting authority; amending Minnesota Statutes 2018, section 383B.1511, subdivision 8.

 

 

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

 

      The question was taken on the passage of the bill and the roll was called.  There were 120 yeas and 10 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Albright

Anderson

Bahner

Baker

Becker-Finn

Bernardy

Bierman

Boe

Brand

Cantrell

Carlson, A.

Carlson, L.

Christensen

Claflin

Considine

Daniels

Daudt

Davids

Davnie

Dehn

Demuth

Dettmer

Ecklund

Edelson

Elkins

Fabian

Fischer

Franson

Freiberg

Garofalo

Gomez

Grossell

Gunther

Haley

Halverson

Hamilton

Hansen

Hassan

Hausman

Heintzeman

Her

Hertaus

Hornstein

Howard

Huot

Johnson

Jurgens

Kiel

Klevorn

Koegel

Kotyza-Witthuhn

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Lippert

Lislegard

Loeffler

Long

Lueck

Mahoney

Mann

Mariani

Marquart

Masin

McDonald

Moller

Moran

Morrison

Murphy

Nash

Nelson, M.

Nelson, N.

Neu

Noor

Nornes

O'Driscoll

Olson

Pelowski

Persell

Petersburg

Pierson

Pinto

Poppe

Poston

Pryor

Quam

Richardson

Robbins

Runbeck

Sandell

Sandstede

Sauke

Schomacker

Schultz

Scott

Stephenson

Sundin

Swedzinski

Tabke

Theis

Torkelson

Urdahl

Vang

Vogel

Wagenius

Wazlawik

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Zerwas

Spk. Hortman


 

      Those who voted in the negative were:

 


Bahr

Drazkowski

Erickson

Green

Gruenhagen

Heinrich

Lucero

Mekeland

Miller

Munson


 

 

      The bill was passed and its title agreed to.


Journal of the House - 32nd Day - Thursday, April 4, 2019 - Top of Page 1849

           H. F. No. 554 was reported to the House.

 

 

Moran moved to amend H. F. No. 554, the first engrossment, as follows:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2018, section 260C.329, subdivision 3, is amended to read:

 

Subd. 3.  Petition.  Only the county attorney The county attorney or a parent whose parental rights were terminated under a previous order of the court may file a petition for the reestablishment of the legal parent and child relationship.  A parent filing a petition under this section shall pay a filing fee in the amount required under section 357.021, subdivision 2, clause (1).  The filing fee may be waived pursuant to chapter 563.  A petition for the reestablishment of the legal parent and child relationship may be filed when:

 

(1) in cases where the county attorney is the petitioning party, both the responsible social services agency and the county attorney agree that reestablishment of the legal parent and child relationship is in the child's best interests;

 

(2) the parent has corrected the conditions that led to an order terminating parental rights;

 

(3) the parent is willing and has the capability to provide day-to-day care and maintain the health, safety, and welfare of the child;

 

(4) the child has been in foster care for at least 36 48 months after the court issued the order terminating parental rights;

 

(5) the child is 15 years of age or older at the time the petition for reestablishment of the legal parent and child relationship is filed;

 

(6) (5) the child has not been adopted; and

 

(7) (6) the child is not the subject of a written adoption placement agreement between the responsible social services agency and the prospective adoptive parent, as required under Minnesota Rules, part 9560.0060, subpart 2.

 

Sec. 2.  Minnesota Statutes 2018, section 260C.329, is amended by adding a subdivision to read:

 

Subd. 3a.  Contents of parent's petition.  (a) A parent's petition for reestablishment of the legal parent and child relationship shall be signed under oath by the petitioner and shall state the following:

 

(1) the petitioner's full name, date of birth, address, and all other legal names or aliases by which the petitioner has been known at any time;

 

(2) the name and date of birth of each child for whom reunification is sought;

 

(3) the petitioner's relationship to each child for whom reunification is sought;

 

(4) why reunification is sought and why reunification is in the child's best interest;

 

(5) the details of the termination of parental rights for which reunification is sought, including the date and jurisdiction of the order, and the court file number and date of any prior order terminating parental rights;


Journal of the House - 32nd Day - Thursday, April 4, 2019 - Top of Page 1850

(6) what steps the petitioner has taken toward personal rehabilitation since the time of the order terminating parental rights, including treatment, work, or other personal history that demonstrates rehabilitation;

 

(7) how the petitioner has corrected the conditions that led to the order terminating parental rights for which reunification is sought;

 

(8) reasons why the petitioner is willing and capable to provide day-to-day care and maintain the health, safety, and welfare of the child; and

 

(9) all prior requests by the petitioner, whether for the present order terminating parental rights or for any other orders terminating parental rights, whether granted or not.

 

(b) Prior to filing a petition for reestablishment under this section, a parent must notify the responsible social services agency of their intent to petition for reestablishment.  Notice must be provided 45 days prior to filing using a form created by the commissioner that includes the information listed in paragraph (a).  The parent must file a copy of the notice with the petition for reestablishment.

 

Sec. 3.  Minnesota Statutes 2018, section 260C.329, subdivision 7, is amended to read:

 

Subd. 7.  Service of petition on the parties.  The petition for the reestablishment of the legal parent and child relationship and notice of hearing on the petition must be served on:

 

(1) the child;

 

(2) in cases where the county attorney is the petitioning party the parent whose rights have been terminated and with whom the legal parent and child relationship is proposed to be reestablished;

 

(3) the county attorney;

 

(4) the responsible social services agency;

 

(3) (5) the child's guardian ad litem; and

 

(4) (6) the child's tribe if the child is subject to the Indian Child Welfare Act.

 

Sec. 4.  Minnesota Statutes 2018, section 260C.329, subdivision 8, is amended to read:

 

Subd. 8.  Hearing.  The court may grant the petition ordering the reestablishment of the legal parent and child relationship only if it finds by clear and convincing evidence that:

 

(1) reestablishment of the legal parent and child relationship is in the child's best interests;

 

(2) the child is 15 years of age or older;

 

(3) (2) the child has not been adopted;

 

(4) (3) the child is not the subject of a written adoption placement agreement between the responsible social services agency and the prospective adoptive parent, as required under Minnesota Rules, part 9560.0060, subpart 2;

 

(5) (4) at least 36 48 months have elapsed following a final order terminating parental rights and the child remains in foster care;


Journal of the House - 32nd Day - Thursday, April 4, 2019 - Top of Page 1851

(6) (5) the child desires to reside with the parent;

 

(7) (6) the parent has corrected the conditions that led to an order terminating parental rights; and

 

(8) (7) the parent is willing and has the capability to provide day-to-day care and maintain the health, safety, and welfare of the child.

 

Sec. 5.  Minnesota Statutes 2018, section 260C.329, is amended by adding a subdivision to read:

 

Subd. 12.  Denial; subsequent petitions.  If the court denies a parent's petition under this section after a hearing, the court must make a written order barring the filing of subsequent petitions by the parent.  The court must provide the length of the time period the parent is barred from filing a subsequent petition, make written findings in support of the order, and evaluate the best interests of the child.

 

Sec. 6.  REPEALER.

 

Minnesota Statutes 2018, section 260C.329, subdivision 5, is repealed."

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.

 

 

      H. F. No. 554, A bill for an act relating to human services; permitting parent to petition for reestablishment of the legal parent and child relationship; prohibiting disqualification of individuals subject to human services background studies with expunged criminal records; amending Minnesota Statutes 2018, sections 245C.08, subdivision 1; 260C.329, subdivisions 3, 7, 8, by adding a subdivision; repealing Minnesota Statutes 2018, section 260C.329, subdivision 5.

 

 

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

 

      The question was taken on the passage of the bill and the roll was called.  There were 130 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Albright

Anderson

Bahner

Bahr

Baker

Becker-Finn

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

Heinrich

Heintzeman

Her

Hertaus

Hornstein

Howard

Huot

Johnson

Jurgens

Kiel

Klevorn

Koegel

Kotyza-Witthuhn

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Lippert

Lislegard

Loeffler

Long

Lucero

Lueck

Mahoney

Mann

Mariani

Marquart

Masin

McDonald

Mekeland

Miller

Moller

Moran

Morrison

Munson

Murphy

Nash

Nelson, M.

Nelson, N.

Neu


Journal of the House - 32nd Day - Thursday, April 4, 2019 - Top of Page 1852

Noor

Nornes

O'Driscoll

Olson

Pelowski

Persell

Petersburg

Pierson

Pinto

Poppe

Poston

Pryor

Quam

Richardson

Robbins

Runbeck

Sandell

Sandstede

Sauke

Schomacker

Schultz

Scott

Stephenson

Sundin

Swedzinski

Tabke

Theis

Torkelson

Urdahl

Vang

Vogel

Wagenius

Wazlawik

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Zerwas

Spk. Hortman


 

 

      The bill was passed, as amended, and its title agreed to.

 

 

MOTIONS AND RESOLUTIONS

 

 

      Carlson, L., moved that the name of Kiel be added as an author on H. F. No. 354.  The motion prevailed.

 

      Gunther moved that the name of Kiel be added as an author on H. F. No. 859.  The motion prevailed.

 

      Loeffler moved that the name of Brand be added as an author on H. F. No. 866.  The motion prevailed.

 

      Fischer moved that the name of Brand be added as an author on H. F. No. 1007.  The motion prevailed.

 

      Tabke moved that the name of Kiel be added as an author on H. F. No. 1156.  The motion prevailed.

 

      Neu moved that her name be stricken as an author on H. F. No. 1386.  The motion prevailed.

 

      Fabian moved that his name be stricken as an author on H. F. No. 1386.  The motion prevailed.

 

      Fischer moved that the name of Her be added as an author on H. F. No. 1502.  The motion prevailed.

 

      Koznick moved that his name be stricken as an author on H. F. No. 1540.  The motion prevailed.

 

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

 

      Scott moved that the name of Brand be added as an author on H. F. No. 1666.  The motion prevailed.

 

      Wolgamott moved that the name of Jurgens be added as an author on H. F. No. 1871.  The motion prevailed.

 

      Hornstein moved that the name of Hassan be added as an author on H. F. No. 1968.  The motion prevailed.

 

      Lesch moved that the names of Hertaus and Albright be added as authors on H. F. No. 1971.  The motion prevailed.

 

      Persell moved that the name of Long be added as an author on H. F. No. 1998.  The motion prevailed.

 

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

 

      Dehn moved that the name of Long be added as an author on H. F. No. 2361.  The motion prevailed.


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      Pierson moved that the names of Hamilton, Scott, Heinrich and Bernardy be added as authors on H. F. No. 2500.  The motion prevailed.

 

      Hansen moved that the name of Lee be added as an author on H. F. No. 2574.  The motion prevailed.

 

      Nornes moved that the names of Persell and Poston be added as authors on H. F. No. 2621.  The motion prevailed.

 

      Long moved that the name of Morrison be added as an author on H. F. No. 2625.  The motion prevailed.

 

      Heinrich moved that the names of Demuth and Theis be added as authors on H. F. No. 2799.  The motion prevailed.

 

      Ecklund moved that H. F. No. 1386 be returned to its author.  The motion prevailed.

 

 

ADJOURNMENT

 

      Winkler moved that when the House adjourns today it adjourn until 12:00 noon, Friday, April 5, 2019.  The motion prevailed.

 

      Winkler moved that the House adjourn.  The motion prevailed, and the Speaker declared the House stands adjourned until 12:00 noon, Friday, April 5, 2019.

 

 

Patrick D. Murphy, Chief Clerk, House of Representatives



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