Journal of the House - 80th Day - Friday, April 17, 2020 - Top of Page 7209

STATE OF MINNESOTA

 

Journal of the House

 

NINETY-FIRST SESSION - 2020

 

_____________________

 

EIGHTIETH DAY

 

Saint Paul, Minnesota, Friday, April 17, 2020

 

 

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

 

      The members of the House paused for a brief meditation or moment of reflection.

 

      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

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hausman

Heinrich

Heintzeman

Her

Hertaus

Hornstein

Howard

Huot

Johnson

Jordan

Jurgens

Kiel

Klevorn

Koegel

Kotyza-Witthuhn

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Lippert

Lislegard

Long

Lucero

Lueck

Mahoney

Mann

Mariani

Marquart

Masin

McDonald

Mekeland

Miller

Moller

Moran

Morrison

Munson

Murphy

Nash

Nelson, M.

Nelson, N.

Neu

Noor

Nornes

Novotny

O'Driscoll

Olson

O'Neill

Pelowski

Persell

Petersburg

Pierson

Pinto

Poppe

Poston

Pryor

Quam

Richardson

Robbins

Runbeck

Sandell

Sandstede

Sauke

Schomacker

Schultz

Scott

Stephenson

Sundin

Swedzinski

Tabke

Theis

Torkelson

Urdahl

Vang

Vogel

Wagenius

Wazlawik

West

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

      A quorum was present.

 

      Grossell and Hassan were excused.

 

      The Chief Clerk proceeded to read the Journals of the preceding days.  There being no objection, further reading of the Journals was dispensed with and the Journals were approved as corrected by the Chief Clerk.


Journal of the House - 80th Day - Friday, April 17, 2020 - Top of Page 7210

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

Dehn introduced:

 

H. F. No. 4557, A bill for an act relating to transportation; modifying requirements for a noncompliant driver's license or Minnesota identification card and making related changes, including on eligibility, proof of lawful presence, primary and secondary documentation, discrimination, voter registration, fees, and data practices; making technical changes; appropriating money; amending Minnesota Statutes 2018, sections 13.6905, by adding a subdivision; 171.04, subdivision 5; 171.06, by adding subdivisions; 171.07, subdivisions 1, 3; 171.12, subdivisions 7a, 9, by adding subdivisions; 201.061, subdivision 3; 363A.28, by adding a subdivision; Minnesota Statutes 2019 Supplement, section 171.06, subdivisions 2, 3; repealing Minnesota Statutes 2018, section 171.015, subdivision 7.

 

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

 

 

Murphy introduced:

 

H. F. No. 4558, A bill for an act relating to capital improvements; authorizing spending to acquire and better public land and buildings and other improvements of a capital nature with certain conditions; modifying previous appropriations; establishing new programs and modifying existing programs; authorizing the sale and issuance of state bonds; appropriating money; amending Minnesota Statutes 2018, sections 16A.641, by adding a subdivision; 16B.86; 16B.87; 115A.0716; 123B.53, subdivisions 1, 4; 126C.63, subdivision 8; 126C.66, subdivision 3; 126C.69, as amended; 126C.71; 363A.36, by adding a subdivision; 363A.44, subdivision 1; 462A.37, by adding a subdivision; Minnesota Statutes 2019 Supplement, sections 16A.968, subdivisions 2, 3; 462A.37, subdivisions 2, 5; Laws 2017, First Special Session chapter 8, article 1, section 18, subdivision 3; Laws 2018, chapter 214, article 1, sections 7, subdivision 1; 21, subdivision 1; Laws 2019, First Special Session chapter 11, article 6, section 7, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 16A; 116; 174; repealing Minnesota Statutes 2018, sections 126C.65, subdivision 2; 126C.68, subdivisions 1, 2, 4; Minnesota Statutes 2019 Supplement, section 126C.68, subdivision 3.

 

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

 

 

Petersburg introduced:

 

H. F. No. 4559, A bill for an act relating to education; authorizing school districts to renew expiring referendums for one year by action of school board.

 

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

 

 

Erickson introduced:

 

H. F. No. 4560, A bill for an act relating to local government; prohibiting fees on merchant-provided plastic bags and reuse of bags during peacetime public health emergency.

 

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


Journal of the House - 80th Day - Friday, April 17, 2020 - Top of Page 7211

Erickson introduced:

 

H. F. No. 4561, A bill for an act relating to education; establishing the innovation research zone program; proposing coding for new law in Minnesota Statutes, chapter 124D.

 

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

 

 

Halverson and Koznick introduced:

 

H. F. No. 4562, A bill for an act relating to liquor; allowing certain on-sale licensees to make off-sales of liquor.

 

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

 

 

Nornes introduced:

 

H. F. No. 4563, A bill for an act relating to human services; establishing temporary fixed-cost reimbursement rates for day programs and employment service providers.

 

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

 

 

Bahner introduced:

 

H. F. No. 4564, A bill for an act relating to capital investment; appropriating money for Osseo lift stations; authorizing the sale and issuance of state bonds.

 

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

 

 

Bahner introduced:

 

H. F. No. 4565, A bill for an act relating to health occupations; modifying emergency prescription refill requirements during a declared peacetime emergency; amending Minnesota Statutes 2019 Supplement, section 151.211, subdivision 3.

 

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

 

 

Robbins, Koznick and McDonald introduced:

 

H. F. No. 4566, A bill for an act relating to economic development; appropriating money for grants to small businesses affected by the COVID-19 outbreak.

 

The bill was read for the first time and referred to the Jobs and Economic Development Finance Division.

 

 

Green introduced:

 

H. F. No. 4567, A bill for an act relating to environment; requiring third-party contracting for certain analytical testing; amending Minnesota Statutes 2018, sections 84.027, by adding a subdivision; 116.07, by adding a subdivision.

 

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


Journal of the House - 80th Day - Friday, April 17, 2020 - Top of Page 7212

Green introduced:

 

H. F. No. 4568, A bill for an act relating to environment; modifying environmental review provisions; amending Minnesota Statutes 2018, section 116.07, subdivision 4a; Minnesota Statutes 2019 Supplement, section 116D.04, subdivision 2a.

 

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

 

 

Runbeck introduced:

 

H. F. No. 4569, A bill for an act relating to education finance; authorizing special education aid to include an on‑site education program adjustment; amending Minnesota Statutes 2018, section 125A.76, by adding a subdivision; Minnesota Statutes 2019 Supplement, sections 125A.76, subdivision 2c; 127A.47, subdivision 7.

 

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

 

 

Green introduced:

 

H. F. No. 4570, A bill for an act relating to economic development; establishing a variance process for business license requirements during COVID-19 pandemic.

 

The bill was read for the first time and referred to the Jobs and Economic Development Finance Division.

 

 

Lesch introduced:

 

H. F. No. 4571, A bill for an act relating to forfeiture; limiting vehicles and other property subject to forfeiture; providing for recovery of property by innocent owners; modifying participation in the federal equitable sharing program; requiring reports; amending Minnesota Statutes 2018, sections 169A.63, subdivisions 1, 7, 8, 10, by adding subdivisions; 609.531, subdivision 1, by adding a subdivision; 609.5311, subdivisions 2, 3, 4; 609.5314, subdivisions 1, 2, by adding a subdivision; 609.5315, subdivisions 5, 5b, 6; Minnesota Statutes 2019 Supplement, section 169A.63, subdivision 13; repealing Minnesota Statutes 2018, section 609.5317.

 

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

 

 

Daudt introduced:

 

H. F. No. 4572, A bill for an act relating to public health; terminating a declared peacetime emergency; extending certain executive orders; providing additional measures to protect public health.

 

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

 

 

Koznick, Robbins, McDonald, Runbeck, Gruenhagen and Daudt introduced:

 

H. F. No. 4573, A bill for an act relating to liquor; allowing certain on-sale licensees to make off-sales of liquor.

 

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


Journal of the House - 80th Day - Friday, April 17, 2020 - Top of Page 7213

Marquart and Johnson introduced:

 

H. F. No. 4574, A bill for an act relating to the State Building Code; clarifying building and fire code requirements for public places of accommodation that are rural event centers; authorizing rulemaking; amending Minnesota Statutes 2018, section 326B.108, by adding a subdivision.

 

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

 

 

Sauke introduced:

 

H. F. No. 4575, A bill for an act relating to capital investment; appropriating money for runway improvements at the Rochester International Airport; authorizing the sale and issuance of state bonds.

 

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

 

 

Bahner introduced:

 

H. F. No. 4576, A bill for an act relating to retirement; amending requirements for reemploying retired members of PERA and MSRS; amending requirements relating to members who continue employment under a postretirement option available under PERA or MSRS.

 

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

 

 

MESSAGES FROM THE SENATE

 

 

      The following messages were received from the Senate:

 

 

Madam Speaker:

 

I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on: 

 

H. F. No. 3100, A bill for an act relating to health care; establishing an emergency insulin program; establishing a Minnesota insulin patient assistance program; requiring participation by pharmacies and insulin manufacturers; requiring reports; appropriating money; amending Minnesota Statutes 2019 Supplement, sections 151.06, subdivision 6; 151.252, subdivision 1; 214.122; proposing coding for new law in Minnesota Statutes, chapters 16B; 62Q; 62V; 151.

 

The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee.  Said House File is herewith returned to the House.

 

Cal R. Ludeman, Secretary of the Senate


Journal of the House - 80th Day - Friday, April 17, 2020 - Top of Page 7214

Madam Speaker:

 

I hereby announce the passage by the Senate of the following House File, herewith returned: 

 

H. F. No. 4556, A bill for an act relating to state government; providing for COVID-19 policy and certain other policy changes; extending certain deadlines; covering certain COVID-19 health expenses; providing temporary emergency authority; expanding usage of electronic communication, applications, and signatures; appropriating additional money for grants to Second Harvest Heartland to purchase commodities from Minnesota farmers; modifying certain vehicle registration provisions; allowing nonposting of tax delinquency and suspension of nondelivery of liquor or beer related to delinquency; modifying certain treatment provisions; correcting errors in health and human services appropriations; making forecast adjustments; requiring reports; amending Minnesota Statutes 2018, sections 168.013, by adding a subdivision; 245F.03; 245F.04, by adding a subdivision; 254B.03, subdivision 1; 299C.46, subdivision 3; Minnesota Statutes 2019 Supplement, sections 13D.02, subdivision 1; 168.013, subdivision 1a; 254A.03, subdivision 3; 256B.0759, subdivisions 3, 4; Laws 2019, First Special Session chapter 1, article 1, section 2, subdivision 5; Laws 2019, First Special Session chapter 9, article 14, section 2, subdivisions 2, 24, 30, 31, by adding a subdivision; Laws 2020, chapter 71, article 2, section 15, subdivision 3, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 524; repealing Minnesota Statutes 2019 Supplement, section 254B.03, subdivision 4a; Minnesota Rules, parts 9530.6600, subparts 1, 3; 9530.6605, subparts 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 21a, 21b, 24a, 25, 25a, 26; 9530.6610, subparts 1, 2, 3, 5; 9530.6615; 9530.6620; 9530.6622; 9530.6655.

 

Cal R. Ludeman, Secretary of the Senate

 

 

Madam Speaker:

 

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

 

      S. F. Nos. 2184, 3125 and 4489.

 

Cal R. Ludeman, Secretary of the Senate

 

 

Madam Speaker:

 

I hereby announce the adoption by the Senate of the following Senate Concurrent Resolution, herewith transmitted:

 

Senate Concurrent Resolution No. 7, A Senate concurrent resolution relating to adjournment of the Senate and House of Representatives until the public interest warrants reconvening.

 

Cal R. Ludeman, Secretary of the Senate

 

 

SUSPENSION OF RULES

 

      Winkler moved that the rules be so far suspended so that Senate Concurrent Resolution No. 7 be now considered and be placed upon its adoption.  The motion prevailed.


Journal of the House - 80th Day - Friday, April 17, 2020 - Top of Page 7215

SENATE CONCURRENT RESOLUTION No. 7

 

A Senate concurrent resolution relating to adjournment of the Senate and House of Representatives until the public interest warrants reconvening.

 

Be It Resolved by the Senate of the State of Minnesota, the House of Representatives concurring:

 

1. Upon its adjournment on April 20, 2020, the Senate may set its next day of meeting for April 28, 2020; may stand adjourned until the second day after members of the Senate and the House of Representatives are notified to assemble pursuant to section 3; or may stand adjourned until the second day after members of the Senate are notified to assemble pursuant to section 4.  The majority leader of the Senate may set the precise time of day members shall reassemble under this section, section 3, or section 4.

 

2. Upon its adjournment on April 17, 2020, the House of Representatives may set its next day of meeting for April 28, 2020; may stand adjourned until the second day after members of the House of Representatives and the Senate are notified to assemble pursuant to section 3; or may stand adjourned until the second day after members of the House of Representatives are notified to assemble pursuant to section 4.  The speaker of the House of Representatives may set the precise time of day members shall reassemble under this section, section 3, or section 4.

 

3. The majority leader of the Senate and the speaker of the House of Representatives, acting jointly after providing advance notice to the minority leader of the Senate and the minority leader of the House of Representatives, shall notify the members of the Senate and the House of Representatives, respectively, to reassemble whenever the public interest, in the opinion of the majority leader of the Senate and speaker of the House of Representatives, warrants it.

 

4. The majority leader of the Senate, acting individually after providing advance notice to the minority leader of the Senate and the speaker of the House of Representatives, or the speaker of the House of Representatives, acting individually after providing advance notice to the minority leader of the House of Representatives and the majority leader of the Senate, shall notify the members of the Senate or members of the House of Representatives, respectively, to reassemble in a separate and solitary session as deemed necessary by either the majority leader of the Senate or the speaker of the House of Representatives.

 

5. By the adoption of this resolution, each house consents to adjournment of the other house, including the adjournment of the other house at a separate and solitary session under section 4, for more than three days until April 28, 2020.

 

 

Winkler moved that Senate Concurrent Resolution No. 7 be now adopted.  The motion prevailed and Senate Concurrent Resolution No. 7 was adopted.

 

 

FIRST READING OF SENATE BILLS

 

 

S. F. No. 2184, A bill for an act relating to health; allowing telemedicine evaluations to be used to prescribe medications for erectile dysfunction; amending Minnesota Statutes 2018, section 151.37, subdivision 2.

 

The bill was read for the first time. 

 

Schomacker moved that S. F. No. 2184 and H. F. No. 2150, now on the General Register, be referred to the Chief Clerk for comparison.  The motion prevailed.


Journal of the House - 80th Day - Friday, April 17, 2020 - Top of Page 7216

S. F. No. 3125, A bill for an act relating to medical assistance; providing coverage for routine patient costs that are incurred in the course of a clinical trial if the medical assistance program would provide coverage for the same routine patient costs not incurred in a clinical trial; amending Minnesota Statutes 2018, section 256B.0625, subdivision 64.

 

The bill was read for the first time. 

 

Mann moved that S. F. No. 3125 and H. F. No. 3026, now on the General Register, be referred to the Chief Clerk for comparison.  The motion prevailed.

 

 

S. F. No. 4489, A bill for an act relating to liquor; allowing certain on-sale licensees to make off-sales of liquor.

 

The bill was read for the first time. 

 

 

DECLARATION OF URGENCY

 

Pursuant to Article IV, Section 19, of the Constitution of the state of Minnesota, Winkler 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 S. F. No. 4489 be given its second and third readings and be placed upon its final passage.

 

 

      The question was taken on the Winkler motion and the roll was called.  There were 132 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


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

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hausman

Heinrich

Heintzeman

Her

Hertaus

Hornstein

Howard

Huot

Johnson

Jordan

Jurgens

Kiel

Klevorn

Koegel

Kotyza-Witthuhn

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Lippert

Lislegard

Long

Lucero

Lueck

Mahoney

Mann

Mariani

Marquart

Masin

McDonald

Mekeland

Miller

Moller

Moran

Morrison

Munson

Murphy

Nash

Nelson, M.

Nelson, N.

Neu

Noor

Nornes

Novotny

O'Driscoll

Olson

O'Neill

Pelowski

Persell

Petersburg

Pierson

Pinto

Poppe

Poston

Pryor

Quam

Richardson

Robbins

Runbeck

Sandell

Sandstede

Sauke

Schomacker

Schultz

Scott

Stephenson

Sundin

Swedzinski

Tabke

Theis

Torkelson

Urdahl

Vang

Vogel

Wagenius

Wazlawik

West

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

 

      The motion prevailed.


Journal of the House - 80th Day - Friday, April 17, 2020 - Top of Page 7217

S. F. No. 4489 was read for the second time.

 

 

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

 

 

S. F. No. 4489, A bill for an act relating to liquor; allowing certain on-sale licensees to make off-sales of liquor.

 

 

      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 129 yeas and 1 nay as follows:

 

      Those who voted in the affirmative were:

 


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

Green

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hausman

Heinrich

Heintzeman

Her

Hertaus

Hornstein

Howard

Huot

Johnson

Jordan

Jurgens

Kiel

Klevorn

Koegel

Kotyza-Witthuhn

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Lippert

Lislegard

Long

Lucero

Lueck

Mann

Mariani

Marquart

Masin

McDonald

Mekeland

Miller

Moller

Moran

Morrison

Munson

Murphy

Nash

Nelson, M.

Nelson, N.

Neu

Noor

Nornes

Novotny

O'Driscoll

Olson

O'Neill

Pelowski

Persell

Petersburg

Pierson

Pinto

Poppe

Poston

Pryor

Quam

Richardson

Robbins

Runbeck

Sandell

Sandstede

Sauke

Schomacker

Schultz

Scott

Stephenson

Sundin

Swedzinski

Tabke

Theis

Torkelson

Urdahl

Vang

Vogel

Wagenius

Wazlawik

West

Winkler

Wolgamott

Xiong, T.

Youakim

Spk. Hortman


 

      Those who voted in the negative were:

 


Mahoney


 

 

      The bill was passed and its title agreed to.

 

 

MOTIONS AND RESOLUTIONS

 

 

      Sundin moved that the name of Lislegard be added as an author on H. F. No. 376.  The motion prevailed.

 

      McDonald moved that his name be stricken as an author on H. F. No. 1246.  The motion prevailed.


Journal of the House - 80th Day - Friday, April 17, 2020 - Top of Page 7218

           Nelson, M., moved that the name of Boe be added as an author on H. F. No. 3499.  The motion prevailed.

 

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

 

      Brand moved that the name of Petersburg be added as an author on H. F. No. 4104.  The motion prevailed.

 

      Moller moved that the name of Long be added as an author on H. F. No. 4304.  The motion prevailed.

 

      Hansen moved that the name of Koegel be added as an author on H. F. No. 4514.  The motion prevailed.

 

      Hornstein moved that the name of Youakim be added as an author on H. F. No. 4539.  The motion prevailed.

 

      Hausman moved that the names of Becker-Finn and Sandell be added as authors on H. F. No. 4541.  The motion prevailed.

 

      Davnie moved that the name of Youakim be added as an author on H. F. No. 4542.  The motion prevailed.

 

      Hansen moved that the name of Becker-Finn be added as an author on H. F. No. 4554.  The motion prevailed.

 

      Davnie moved that the name of Youakim be added as an author on H. F. No. 4555.  The motion prevailed.

 

 

Lucero, Mekeland, Runbeck, Franson and Backer introduced:

 

      House Concurrent Resolution No. 10, A House concurrent resolution relating to Minnesota's peacetime emergency; terminating the peacetime emergency pursuant to the authority granted under Minnesota Statutes, section 12.31, subdivision 2, paragraph (b).

 

      The concurrent resolution was referred to the Committee on Rules and Legislative Administration.

 

 

ADJOURNMENT

 

      Winkler moved that when the House adjourns today it adjourn until Tuesday, April 28, 2020 or until a time and date determined pursuant to Senate Concurrent Resolution No. 7.  The motion prevailed.

 

      Winkler moved that the House adjourn.  The motion prevailed, and the Speaker declared the House stands adjourned until Tuesday, April 28, 2020 or until a time and date determined pursuant to Senate Concurrent Resolution No. 7.

 

 

Patrick D. Murphy, Chief Clerk, House of Representatives