Journal of the House - 91st Day - Monday, May 11, 2020 - Top of Page 8341

STATE OF MINNESOTA

 

Journal of the House

 

NINETY-FIRST SESSION - 2020

 

_____________________

 

NINETY-FIRST DAY

 

Saint Paul, Minnesota, Monday, May 11, 2020

 

 

      The House of Representatives convened at 9:00 a.m. and was called to order by Melissa Hortman, Speaker of the House.

 

      Prayer was offered by Representative Eric Lucero, District 30B, Dayton, 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

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, J.

Youakim

Spk. Hortman


 

      A quorum was present.

 

      Mahoney and Xiong, T., were excused until 1:30 p.m.

 

      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 - 91st Day - Monday, May 11, 2020 - Top of Page 8342

REPORTS OF CHIEF CLERK

 

      S. F. No. 3255 and H. F. No. 3494, which had been referred to the Chief Clerk for comparison, were examined and found to be not identical.

 

      Hornstein moved that S. F. No. 3255 be substituted for H. F. No. 3494 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 3298 and H. F. No. 3483, which had been referred to the Chief Clerk for comparison, were examined and found to be not identical.

 

      Sauke moved that S. F. No. 3298 be substituted for H. F. No. 3483 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Winkler from the Committee on Rules and Legislative Administration to which was referred:

 

H. F. No. 163, A bill for an act relating to education; making certain policy changes for prekindergarten through grade 12 education including general education, education excellence, teachers, special education, health and safety, nutrition, and making technical changes; requiring reports; amending Minnesota Statutes 2018, sections 120A.20, by adding a subdivision; 120A.22, subdivisions 7, 10; 120B.021, subdivision 2; 120B.11, subdivisions 2, 3; 121A.22, subdivision 1, by adding a subdivision; 121A.41, by adding a subdivision; 121A.45, subdivision 1; 121A.53, subdivision 1; 122A.07, subdivisions 1, 2; 122A.181, subdivision 3; 122A.182, subdivisions 1, 2, 3; 122A.185, subdivision 1; 122A.187, subdivision 6; 122A.40, subdivision 8; 122A.41, subdivision 5; 123B.09, subdivision 2; 123B.147, subdivision 3; 123B.52, subdivision 1; 124D.09, subdivisions 5, 12; 124D.111; 124D.165, subdivisions 3, 4; 124D.74, subdivision 1; 124D.78, subdivisions 1, 3; 124D.79, subdivision 2; 124D.81, subdivision 1; 124D.861, subdivision 2; 124D.862, subdivision 7; 124E.03, subdivision 2, by adding subdivisions; 124E.05, subdivisions 4, 7; 124E.11; 124E.13, subdivision 3; 125A.08; 125A.30; 125A.50, subdivision 1; 126C.17, subdivision 9; 127A.353, subdivisions 2, 4; 134.31, subdivision 4a; 609A.03, subdivision 7a; Minnesota Statutes 2019 Supplement, section 120B.12, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 120B; 124D.

 

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

 

Joint Rule 2.03 has been waived for any subsequent committee action on this bill.

 

      The report was adopted.

 

 

Winkler from the Committee on Rules and Legislative Administration to which was referred:

 

H. F. No. 356, A bill for an act relating to lawful gambling; providing relief to certain organizations affected by executive order closing bars, restaurants, and other places of public accommodation; providing waivers, extensions, and other temporary requirements and restrictions for lawful gambling.

 

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

 

Joint Rule 2.03 has been waived for any subsequent committee action on this bill.

 

      The report was adopted.


Journal of the House - 91st Day - Monday, May 11, 2020 - Top of Page 8343

Winkler from the Committee on Rules and Legislative Administration to which was referred:

 

H. F. No. 1785, A bill for an act relating to education; requiring participation in preschool and prekindergarten and prohibiting disciplinary dismissals; proposing coding for new law in Minnesota Statutes, chapter 121A.

 

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

 

Joint Rule 2.03 has been waived for any subsequent committee action on this bill.

 

      The report was adopted.

 

 

Winkler from the Committee on Rules and Legislative Administration to which was referred:

 

H. F. No. 3156, A bill for an act relating to public safety; modifying the commissioner of public safety's authority to suspend drivers' licenses in certain situations; providing for retroactive driver's license reinstatement in certain instances; making technical changes; publishing correctional facility daily population data on website; modifying occupancy limits of correctional facility cells; providing early conditional release for certain inmates during COVID-19 public health emergency; providing testing of public safety specialists for SARS-CoV-2; temporarily suspending local match for youth intervention program grants; requiring a report; amending Minnesota Statutes 2018, sections 169.92, subdivision 4; 171.16, subdivisions 2, 3; 171.18, subdivision 1; 243.53; 480.15, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 171; 241.

 

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

 

Joint Rule 2.03 has been waived for any subsequent committee action on this bill.

 

      The report was adopted.

 

 

Winkler from the Committee on Rules and Legislative Administration to which was referred:

 

H. F. No. 3558, A bill for an act relating to agriculture; encouraging advanced grant payments to certain persons; establishing an emerging farmers working group; doubling the maximum loan amount under the pilot agricultural microloan program; modifying Noxious Weed Advisory Committee membership; defining processing for purposes of hemp law; modifying hemp rulemaking authority; making changes to seed law; amending Minnesota Statutes 2018, sections 17.03, by adding a subdivision; 18.91, subdivision 2; 18K.02, by adding a subdivision; 18K.06; 21.75, subdivision 1; 21.85, subdivision 15; 41B.056, subdivision 4; proposing coding for new law in Minnesota Statutes, chapters 17; 21.

 

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

 

Joint Rule 2.03 has been waived for any subsequent committee action on this bill.

 

      The report was adopted.


Journal of the House - 91st Day - Monday, May 11, 2020 - Top of Page 8344

Winkler from the Committee on Rules and Legislative Administration to which was referred:

 

H. F. No. 4375, A bill for an act relating to early childhood; modifying provisions for age verification for admission to public school, eligibility for early learning scholarships, and interagency early intervention committees; amending Minnesota Statutes 2018, sections 120A.20, by adding a subdivision; 124D.165, subdivisions 3, 4; 125A.30.

 

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

 

Joint Rule 2.03 has been waived for any subsequent committee action on this bill.

 

      The report was adopted.

 

 

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

 

H. F. No. 4540, A bill for an act relating to public safety; modifying certain provisions relating to sexual assault examination kits, background checks, and Board of Public Defense; appropriating money for the supreme court, corrections, sentencing guidelines, and public safety; transferring funds to disaster contingency account; amending Minnesota Statutes 2018, sections 244.19, subdivision 5; 299C.106, subdivision 3, by adding subdivisions; 299C.46, subdivision 3; 611.27, subdivisions 9, 10, 11, 13, 15; Minnesota Statutes 2019 Supplement, section 477A.03, subdivision 2b; proposing coding for new law in Minnesota Statutes, chapter 299A.

 

Reported the same back with the following amendments:

 

Page 1, delete lines 11 and 12

 

Page 1, delete section 2

 

Page 2, line 20, delete "1,208,000" and insert "1,003,000" and delete "23,138,000" and insert "11,742,000"

 

Page 2, line 24, delete "12,669,000" and insert "9,888,000"

 

Page 2, delete lines 25 to 34

 

Page 3, delete lines 1 to 5

 

Page 3, line 6, delete "(b)"

 

Page 3, delete lines 13 to 19

 

Page 3, line 20, delete "543,000" and insert "338,000" and delete "9,483,000" and insert "1,268,000"

 

Page 3, delete lines 21 to 33

 

Page 4, delete lines 1 to 29

 

Page 4, line 30, delete "(c)"

 

Page 5, line 1, delete "986,000" and insert "586,000"

 

Page 5, delete lines 2 to 10


Journal of the House - 91st Day - Monday, May 11, 2020 - Top of Page 8345

Page 5, line 11, delete "(b)"

 

Page 5, delete sections 4 and 5

 

Page 6, delete section 6

 

Page 7, delete article 2

 

Renumber the sections in sequence and correct the internal references

 

Amend the title as follows:

 

Page 1, line 2, delete everything after the semicolon and insert "appropriating money for corrections."

 

Page 1, delete lines 3 to 9

 

 

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

 

      The report was adopted.

 

      Pursuant to Joint Rule 2.03 and in accordance with Senate Concurrent Resolution No. 6, H. F. No. 4540 was re‑referred to the Committee on Rules and Legislative Administration.

 

 

Winkler from the Committee on Rules and Legislative Administration to which was referred:

 

H. F. No. 4599, A bill for an act relating to agriculture; modifying the time period for the Farmer-Lender Mediation Act in 2020; amending Laws 2020, chapter 74, article 1, section 19.

 

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

 

Joint Rule 2.03 has been waived for any subsequent committee action on this bill.

 

      The report was adopted.

 

 

Winkler from the Committee on Rules and Legislative Administration to which was referred:

 

S. F. No. 3358, A bill for an act relating to employment; providing for the minimum age for safe amusement ride operation; amending Minnesota Statutes 2018, sections 181A.04, by adding a subdivision; 184B.021; 184B.03, subdivisions 1, 2.

 

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

 

Joint Rule 2.03 has been waived for any subsequent committee action on this bill.

 

      The report was adopted.


Journal of the House - 91st Day - Monday, May 11, 2020 - Top of Page 8346

Winkler from the Committee on Rules and Legislative Administration to which was referred:

 

S. F. No. 3560, A bill for an act relating to human services; modifying policy provisions governing health care; specifying when a provider must furnish requested medical records; modifying x-ray equipment provisions; requiring an annual unannounced inspection of medical cannabis manufacturers; modifying eligibility for the reduced patient enrollment fee for the medical cannabis program; permitting licensed physician assistants to practice without a delegation agreement; modifying licensed traditional midwifery scope of practice; modifying the request for proposal for a central drug repository; authorizing pharmacists to prescribe self-administered hormonal contraceptives, nicotine replacement medications, and opiate antagonists; allowing telemedicine examinations to be used to prescribe medications for erectile dysfunction and for the treatment of substance abuse disorders; changing the terminology and other technical changes to the opiate epidemic response account and council; adding advanced practice registered nurses to certain statutes; amending Minnesota Statutes 2018, sections 62A.307, subdivision 2; 62D.09, subdivision 1; 62E.06, subdivision 1; 62J.17, subdivision 4a; 62J.495, subdivision 1a; 62J.52, subdivision 2; 62J.823, subdivision 3; 62Q.43, subdivisions 1, 2; 62Q.54; 62Q.57, subdivision 1; 62Q.73, subdivision 7; 62Q.733, subdivision 3; 62Q.74, subdivision 1; 62S.08, subdivision 3; 62S.20, subdivision 5b; 62S.21, subdivision 2; 62S.268, subdivision 1; 62U.03; 62U.04, subdivision 11; 144.121, subdivisions 1, 2, 5, by adding subdivisions; 144.292, subdivisions 2, 5; 144.3345, subdivision 1; 144.3352; 144.34; 144.441, subdivisions 4, 5; 144.442, subdivision 1; 144.4803, subdivisions 1, 4, 10, by adding a subdivision; 144.4806; 144.4807, subdivisions 1, 2, 4; 144.50, subdivision 2; 144.55, subdivision 6; 144.6501, subdivision 7; 144.651, subdivisions 7, 8, 9, 10, 12, 14, 31, 33; 144.652, subdivision 2; 144.69; 144.7402, subdivision 2; 144.7406, subdivision 2; 144.7407, subdivision 2; 144.7414, subdivision 2; 144.7415, subdivision 2; 144.9502, subdivision 4; 144.966, subdivisions 3, 6; 144A.135; 144A.161, subdivisions 5, 5a, 5e, 5g; 144A.75, subdivisions 3, 6; 144A.752, subdivision 1; 145.853, subdivision 5; 145.892, subdivision 3; 145.94, subdivision 2; 145B.13; 145C.02; 145C.06; 145C.07, subdivision 1; 145C.16; 147A.01, subdivisions 3, 21, 26, 27, by adding a subdivision; 147A.02; 147A.03, by adding a subdivision; 147A.05; 147A.09; 147A.13, subdivision 1; 147A.14, subdivision 4; 147A.16; 147A.23; 147D.03, subdivision 2; 148.6438, subdivision 1; 151.01, by adding a subdivision; 151.071, subdivision 8; 151.19, subdivision 4; 151.21, subdivision 4a; 151.37, subdivision 2, by adding subdivisions; 152.12, subdivision 1; 152.32, subdivision 3; 152.35; 245A.143, subdivision 8; 245A.1435; 245C.02, subdivision 18; 245C.04, subdivision 1; 245D.02, subdivision 11; 245D.11, subdivision 2; 245D.22, subdivision 7; 245D.25, subdivision 2; 245G.08, subdivisions 2, 5; 245G.21, subdivisions 2, 3; 246.711, subdivision 2; 246.715, subdivision 2; 246.716, subdivision 2; 246.721; 246.722; 251.043, subdivision 1; 252A.02, subdivision 12; 252A.04, subdivision 2; 252A.20, subdivision 1; 253B.03, subdivisions 4, 6d; 253B.06, subdivision 2; 253B.23, subdivision 4; 254A.08, subdivision 2; 256.01, subdivision 29; 256.9685, subdivisions 1a, 1b, 1c; 256.975, subdivisions 7a, 11; 256B.04, subdivision 14a; 256B.043, subdivision 2; 256B.055, subdivision 12; 256B.056, subdivisions 1a, 4, 7, 10; 256B.0561, subdivision 2; 256B.057, subdivisions 1, 10; 256B.0575, subdivisions 1, 2; 256B.0622, subdivision 2b; 256B.0623, subdivision 2; 256B.0625, subdivisions 1, 12, 13h, 26, 27, 28, 64; 256B.0654, subdivisions 1, 2a, 3, 4; 256B.0659, subdivisions 2, 4, 8; 256B.0751; 256B.0753, subdivision 1; 256B.69, by adding a subdivision; 256B.73, subdivision 5; 256B.75; 256J.08, subdivision 73a; 256L.03, subdivision 1; 256L.15, subdivision 1; 256R.54, subdivisions 1, 2; 257.63, subdivision 3; 257B.01, subdivisions 3, 9, 10; 257B.06, subdivision 7; 446A.081, subdivision 9; Minnesota Statutes 2019 Supplement, sections 16A.151, subdivision 2; 62J.23, subdivision 2; 62Q.184, subdivision 1; 144.121, subdivisions 1a, 5a; 144.55, subdivision 2; 145C.05, subdivision 2; 147A.06; 151.01, subdivisions 23, 27; 151.065, subdivisions 1, as amended, 3, as amended, 6, 7, as amended; 151.071, subdivision 2; 151.19, subdivision 3; 151.252, subdivision 1; 151.555, subdivision 3; 152.29, subdivision 1; 245G.08, subdivision 3; 245H.11; 256.042, subdivisions 2, 4; 256.043; 256B.056, subdivision 7a; 256B.0625, subdivisions 13, 17, 60a; 256B.0659, subdivision 11; 256B.0913, subdivision 8; 256R.44; Laws 2019, chapter 63, article 3, sections 1; 2; Laws 2019, First Special Session chapter 9, article 11, section 35; Laws 2020, chapter 73, section 4, subdivisions 3, 4; proposing coding for new law in Minnesota Statutes, chapters 62Q; 147A; repealing Minnesota Statutes 2018, sections 62U.15, subdivision 2; 144.121, subdivisions 3, 5b; 147A.01, subdivisions 4, 11, 16a, 17a, 24, 25; 147A.04; 147A.10; 147A.11; 147A.18, subdivisions 1, 2, 3; 147A.20; 256B.057, subdivision 8; 256B.0752; 256L.04, subdivision 13; Minnesota Rules, parts 7380.0280; 9505.0365, subpart 3.

 

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

 

Joint Rule 2.03 has been waived for any subsequent committee action on this bill.

 

      The report was adopted.


Journal of the House - 91st Day - Monday, May 11, 2020 - Top of Page 8347

SECOND READING OF HOUSE BILLS

 

 

      H. F. Nos. 163, 356, 1785, 4375 and 4599 were read for the second time.

 

 

SECOND READING OF SENATE BILLS

 

 

      S. F. Nos. 3255, 3298, 3358 and 3560 were read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

Moran introduced:

 

H. F. No. 4660, A bill for an act relating to education; requiring the commissioner of education to distribute a portion of Elementary and Secondary School Relief Fund in response to COVID-19 to nonprofit organizations working with communities of color and indigenous communities with the greatest educational disparities; establishing a grant program; requiring a report.

 

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

 

 

Jordan introduced:

 

H. F. No. 4661, A bill for an act relating to environment policy; authorizing cities to adopt certain pesticide control ordinances; amending Minnesota Statutes 2018, section 18B.09, subdivision 2, by adding a subdivision.

 

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

 

 

Jordan introduced:

 

H. F. No. 4662, A bill for an act relating to taxation; providing sales tax exemptions and grants for disaster recovery related to properties destroyed or damaged by fire in the city of Minneapolis; appropriating money; amending Minnesota Statutes 2018, section 297A.71, by adding a subdivision; Minnesota Statutes 2019 Supplement, section 297A.75, subdivision 1.

 

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

 

 

Lee introduced:

 

H. F. No. 4663, A bill for an act relating to education; creating an ethnic studies requirement and advisory board; requiring rulemaking.

 

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


Journal of the House - 91st Day - Monday, May 11, 2020 - Top of Page 8348

Scott, Robbins and Neu introduced:

 

H. F. No. 4664, A bill for an act relating to civil actions; limiting liability for products and supplies made, sold, or donated in response to COVID-19; providing minimum injury requirements for claims related to COVID-19; addressing premises liability related to COVID-19; precluding liability when conduct complies with government‑issued guidance related to COVID-19; proposing coding for new law in Minnesota Statutes, chapter 604A.

 

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

 

 

Scott, Robbins, Neu and Runbeck introduced:

 

H. F. No. 4665, A bill for an act relating to health; prohibiting mandatory contact tracing; prohibiting health tracking of employees; classifying data; imposing civil penalties; proposing coding for new law in Minnesota Statutes, chapters 144; 181.

 

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

 

 

      Winkler moved that the House recess subject to the call of the Chair.  The motion prevailed.

 

 

RECESS

 

 

RECONVENED

 

      The House reconvened and was called to order by the Speaker.

 

 

ANNOUNCEMENT BY THE SPEAKER

PURSUANT TO RULE 1.15(c)

 

A message from the Senate was received requesting concurrence by the House to amendments adopted by the Senate to the following House File:

 

H. F. No. 1883.

 

 

      There being no objection, the order of business reverted to Reports of Standing Committees and Divisions.

 

 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Winkler from the Committee on Rules and Legislative Administration to which was referred:

 

H. F. No. 3230, A bill for an act relating to energy; amending the current electric utility program that encourages efficient lighting to include promotion of LEDs; amending Minnesota Statutes 2018, section 216B.241, subdivision 5.

 

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

 

Joint Rule 2.03 has been waived for any subsequent committee action on this bill.

 

      The report was adopted.


Journal of the House - 91st Day - Monday, May 11, 2020 - Top of Page 8349

Winkler from the Committee on Rules and Legislative Administration to which was referred:

 

H. F. No. 3398, A bill for an act relating to health care coverage; modifying requirements governing utilization review and prior authorization of health care services; making conforming changes; amending Minnesota Statutes 2018, sections 62M.01, subdivision 2; 62M.02, subdivisions 2, 5, 8, 20, 21, by adding subdivisions; 62M.04, subdivisions 1, 2, 3, 4; 62M.05, subdivisions 3, 3a, 3b, 4, 5; 62M.06, subdivisions 1, 2, 3, 4; 62M.07; 62M.09, subdivisions 3, 3a, 4, 4a, 5; 62M.10, subdivision 7, by adding a subdivision; 62M.11; 62M.12; 62Q.71; 62Q.73, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 62M; repealing Minnesota Statutes 2018, section 62M.02, subdivision 19; Minnesota Rules, part 4685.0100, subpart 9b.

 

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

 

Joint Rule 2.03 has been waived for any subsequent committee action on this bill.

 

      The report was adopted.

 

 

Winkler from the Committee on Rules and Legislative Administration to which was referred:

 

H. F. No. 3625, A bill for an act relating to housing; modifying the definition of modular home; modifying assessment provision for manufactured home relocation trust fund; amending Minnesota Statutes 2019 Supplement, sections 327.31, subdivision 23; 327C.095, subdivision 12.

 

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

 

Joint Rule 2.03 has been waived for any subsequent committee action on this bill.

 

      The report was adopted.

 

 

Winkler from the Committee on Rules and Legislative Administration to which was referred:

 

H. F. No. 4067, A bill for an act relating to financial institutions; modifying authorized investments for banks and trust companies; amending Minnesota Statutes 2018, section 48.61, subdivision 3.

 

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

 

Joint Rule 2.03 has been waived for any subsequent committee action on this bill.

 

      The report was adopted.

 

 

SECOND READING OF HOUSE BILLS

 

 

      H. F. Nos. 3230, 3398, 3625 and 4067 were read for the second time.

 

 

MESSAGES FROM THE SENATE

 

 

      The following message was received from the Senate:


Journal of the House - 91st Day - Monday, May 11, 2020 - Top of Page 8350

Madam Speaker:

 

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

 

      S. F. Nos. 3435 and 3589.

 

Cal R. Ludeman, Secretary of the Senate

 

 

FIRST READING OF SENATE BILLS

 

 

S. F. No. 3435, A bill for an act relating to real estate; modifying appraisal management company licensure; amending Minnesota Statutes 2018, sections 82C.03, subdivision 5; 82C.06; 82C.08, subdivisions 1, 2.

 

The bill was read for the first time. 

 

Huot moved that S. F. No. 3435 and H. F. No. 3341, now on the General Register, be referred to the Chief Clerk for comparison.  The motion prevailed.

 

 

S. F. No. 3589, A bill for an act relating to financial institutions; modifying authorized investments for banks and trust companies; amending Minnesota Statutes 2018, section 48.61, subdivision 3.

 

The bill was read for the first time. 

 

Elkins moved that S. F. No. 3589 and H. F. No. 4067, now on the General Register, be referred to the Chief Clerk for comparison.  The motion prevailed.

 

REPORTS 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 Tuesday, May 12, 2020 and established a prefiling requirement for amendments offered to the following bills:

 

      H. F. Nos. 4645, 4285, 4602, 627, 4429 and 4605; S. F. No. 3072; and H. F. No. 4137.

 

 

      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 Wednesday, May 13, 2020 and established a prefiling requirement for amendments offered to the following bills:

 

      S. F. Nos. 4073 and 2466; H. F. No. 4601; S. F. No. 3357; H. F. Nos. 4490 and 4599; and S. F. Nos. 3560 and 3298.


Journal of the House - 91st Day - Monday, May 11, 2020 - Top of Page 8351

           The Speaker directed the Clerk to call the roll of members.  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

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.

 

 

CALENDAR FOR THE DAY

 

 

      H. F. No. 2768, A bill for an act relating to state government; ratifying labor agreements and compensation plans.

 

 

      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 74 yeas and 60 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Bahner

Becker-Finn

Bernardy

Bierman

Brand

Cantrell

Carlson, A.

Carlson, L.

Christensen

Claflin

Considine

Davnie

Dehn

Ecklund

Edelson

Elkins

Fischer

Freiberg

Gomez

Halverson

Hansen

Hassan

Hausman

Her

Hornstein

Howard

Huot

Jordan

Klevorn

Koegel

Kotyza-Witthuhn

Kunesh-Podein

Lee

Lesch

Liebling

Lien

Lillie

Lippert

Lislegard

Long

Mahoney

Mann

Mariani

Masin

Moller

Moran

Morrison

Murphy

Nelson, M.

Noor

Olson

Pelowski

Persell

Pinto

Poppe

Pryor

Richardson

Sandell

Sandstede

Sauke

Schultz

Stephenson

Sundin

Tabke

Vang

Wagenius

Wazlawik

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman



Journal of the House - 91st Day - Monday, May 11, 2020 - Top of Page 8352

           Those who voted in the negative were:

 


Albright

Anderson

Backer

Bahr

Baker

Bennett

Boe

Daniels

Daudt

Davids

Demuth

Dettmer

Drazkowski

Erickson

Fabian

Franson

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Hamilton

Heinrich

Heintzeman

Hertaus

Johnson

Jurgens

Kiel

Koznick

Kresha

Layman

Lucero

Lueck

Marquart

McDonald

Mekeland

Miller

Munson

Nash

Nelson, N.

Neu

Nornes

Novotny

O'Driscoll

O'Neill

Petersburg

Pierson

Poston

Quam

Robbins

Runbeck

Schomacker

Scott

Swedzinski

Theis

Torkelson

Urdahl

Vogel

West


 

 

      The bill was passed and its title agreed to.

 

 

      H. F. No. 4502 was reported to the House.

 

 

Baker moved to amend H. F. No. 4502, the first engrossment, as follows:

 

Page 18, lines 7 and 13, delete "1.75" and reinstate the stricken "1.5"

 

 

Swedzinski moved to amend the Baker amendment to H. F. No. 4502, the first engrossment, as follows:

 

Page 1, after line 2, insert:

 

"Page 19, after line 32, insert:

 

(h) A public utility is not required to meet an annual savings goal during any year in which a statewide public health emergency declared by the governor has been in effect for more than 60 days."

 

 

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

 

 

      The question recurred on the Baker amendment to H. F. No. 4502, the first engrossment.  The motion did not prevail and the amendment was not adopted.

 

 

Swedzinski moved to amend H. F. No. 4502, the first engrossment, as follows:

 

Page 15, after line 20, insert:

 

"Subd. 11.  On-bill reporting.  (a) A consumer-owned utility must report, in a separate line-item on each monthly bill sent to a customer, the amount of the customer's bill that represents the consumer-owned utility's expenditures required to be made by law under this chapter, including, but not limited to, expenditures required under this section and section 216B.1691, filings required under sections 216B.16, 216B.2422, and 216B.243, the costs of other required proceedings before the commission, assessments made on the public utility to defray regulatory costs of the commission and the department, required rebates to customers, and any financial incentives provided to utilities from ratepayers for activities required by law.  The amount reported may be calculated based on dividing equally among the number of billing periods the total amount of required expenditures made and financial incentives received by the consumer-owned utility during the most recently-completed calendar year.


Journal of the House - 91st Day - Monday, May 11, 2020 - Top of Page 8353

(b) If a generation and transmission cooperative or municipal power agency makes expenditures required to be made by law under this chapter on behalf of its member distribution cooperatives, the reported amount must, to the extent practicable, be prorated to each distribution utility based on its respective proportion of the generation and transmission cooperative's or municipal power agency's total energy sales, as applicable."

 

Page 33, after line 6, insert:

 

"Sec. 20.  Minnesota Statutes 2018, section 216B.241, is amended by adding a subdivision to read:

 

Subd. 14.  On-bill reporting.  A public utility must report, in a separate line-item on each monthly bill sent to a customer, the amount of the customer's bill that represents the public utility's expenditures required to be made by law under this chapter and sections 116C.779 and 116C.7792, including, but not limited to, expenditures required under this section and section 216B.1691, filings required under sections 216B.16, 216B.2422, and 216B.243, the costs of other required proceedings before the commission, assessments made on the public utility to defray regulatory costs of the commission and the department, required rebates to customers, and any financial incentives provided to utilities from ratepayers for activities required by law.  The amount reported may be calculated based on dividing equally among the number of billing periods the total amount of required expenditures made and financial incentives received by the public utility during the most recently-completed calendar year."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Swedzinski amendment and the roll was called.  There were 59 yeas and 75 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson

Backer

Bahr

Baker

Bennett

Boe

Daniels

Daudt

Davids

Demuth

Dettmer

Drazkowski

Erickson

Fabian

Franson

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Hamilton

Heinrich

Heintzeman

Hertaus

Johnson

Jurgens

Kiel

Koznick

Kresha

Layman

Lucero

Lueck

McDonald

Mekeland

Miller

Munson

Nash

Nelson, N.

Neu

Nornes

Novotny

O'Driscoll

O'Neill

Petersburg

Pierson

Poston

Quam

Robbins

Runbeck

Schomacker

Scott

Swedzinski

Theis

Torkelson

Urdahl

Vogel

West


 

      Those who voted in the negative were:

 


Acomb

Bahner

Becker-Finn

Bernardy

Bierman

Brand

Cantrell

Carlson, A.

Carlson, L.

Christensen

Claflin

Considine

Davnie

Dehn

Ecklund

Edelson

Elkins

Fischer

Freiberg

Gomez

Halverson

Hansen

Hassan

Hausman

Her

Hornstein

Howard

Huot

Jordan

Klevorn

Koegel

Kotyza-Witthuhn

Kunesh-Podein

Lee

Lesch

Liebling

Lien

Lillie

Lippert

Lislegard

Long

Mahoney

Mann

Mariani

Marquart

Masin

Moller

Moran


Journal of the House - 91st Day - Monday, May 11, 2020 - Top of Page 8354

Morrison

Murphy

Nelson, M.

Noor

Olson

Pelowski

Persell

Pinto

Poppe

Pryor

Richardson

Sandell

Sandstede

Sauke

Schultz

Stephenson

Sundin

Tabke

Vang

Wagenius

Wazlawik

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

 

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

 

 

      H. F. No. 4502, A bill for an act relating to energy; establishing the Energy Conservation and Optimization Act of 2020; amending Minnesota Statutes 2018, sections 216B.2401; 216B.241, subdivisions 1a, 1c, 1d, 1f, 1g, 2, 2b, 3, 5, 7, 8, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 216B; repealing Minnesota Statutes 2018, section 216B.241, subdivisions 1, 1b, 2c, 4, 10.

 

 

      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 79 yeas and 55 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Bahner

Becker-Finn

Bennett

Bernardy

Bierman

Brand

Cantrell

Carlson, A.

Carlson, L.

Christensen

Claflin

Considine

Davnie

Dehn

Ecklund

Edelson

Elkins

Fischer

Freiberg

Garofalo

Gomez

Halverson

Hansen

Hassan

Hausman

Her

Hornstein

Howard

Huot

Jordan

Kiel

Klevorn

Koegel

Kotyza-Witthuhn

Kunesh-Podein

Lee

Lesch

Liebling

Lien

Lillie

Lippert

Lislegard

Long

Mahoney

Mann

Mariani

Masin

Moller

Moran

Morrison

Murphy

Nelson, M.

Noor

Olson

O'Neill

Pelowski

Persell

Pinto

Poppe

Pryor

Richardson

Sandell

Sandstede

Sauke

Schultz

Stephenson

Sundin

Tabke

Vang

Wagenius

Wazlawik

West

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

      Those who voted in the negative were:

 


Albright

Anderson

Backer

Bahr

Baker

Boe

Daniels

Daudt

Davids

Demuth

Dettmer

Drazkowski

Erickson

Fabian

Franson

Green

Grossell

Gruenhagen

Gunther

Haley

Hamilton

Heinrich

Heintzeman

Hertaus

Johnson

Jurgens

Koznick

Kresha

Layman

Lucero

Lueck

Marquart

McDonald

Mekeland

Miller

Munson

Nash

Nelson, N.

Neu

Nornes

Novotny

O'Driscoll

Petersburg

Pierson

Poston

Quam

Robbins

Runbeck

Schomacker

Scott

Swedzinski

Theis

Torkelson

Urdahl

Vogel


 

 

      The bill was passed and its title agreed to.


Journal of the House - 91st Day - Monday, May 11, 2020 - Top of Page 8355

           There being no objection, the order of business reverted to Reports of Standing Committees and Divisions.

 

 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

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

 

H. F. No. 3804, A bill for an act relating to local government; permitting addition of unorganized territory in Itasca County to Harris Township, notwithstanding the petition requirement.

 

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

 

      The report was adopted.

 

      Pursuant to Joint Rule 2.03 and in accordance with Senate Concurrent Resolution No. 6, H. F. No. 3804 was re‑referred to the Committee on Rules and Legislative Administration.

 

 

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

 

H. F. No. 4374, A bill for an act relating to human services; amending the definition of provider; modifying the child care assistance provider reimbursement rates; amending Minnesota Statutes 2018, section 119B.13, subdivision 1; Minnesota Statutes 2019 Supplement, section 119B.011, subdivision 19.

 

Reported the same back with the following amendments:

 

Page 2, line 9, after the period, insert "The first maximum rate update must be based on the 2018 child care provider rate survey and take effect September 21, 2020.  Thereafter, maximum rate updates are effective the first biweekly period following January 1 after the most recent rate survey."

 

Page 3, line 6, strike everything after "(i)" and insert "The maximum registration fee 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 most recent child care provider rate survey under section 119B.02, subdivision 7, or the registration fee in effect at the time of the update.  The first maximum registration fee update must be based on the 2018 rate survey and is effective September 21, 2020.  Thereafter, maximum registration fee updates are effective the first biweekly period following January 1 after the most recent rate survey.  Maximum registration fees must be set for licensed family child care and for child care centers.  For a child care provider located in the boundaries of a city located in two or more of the counties of Benton, Sherburne, and Stearns, the maximum registration fee paid for child care assistance shall be equal to the maximum registration fee paid in the county with the highest maximum registration fee or the provider's charge, whichever is less."

 

Page 3, strike line 7

 

Page 3, after line 7, insert:

 

"EFFECTIVE DATE.  This section is effective September 21, 2020."

 

Page 3, after line 7, insert:

 

"Sec. 3.  DIRECTION TO COMMISSIONER; ALLOCATING BASIC SLIDING FEE FUNDS.


Journal of the House - 91st Day - Monday, May 11, 2020 - Top of Page 8356

Notwithstanding Minnesota Statutes, section 119B.03, subdivisions 6, 6a, and 6b, the commissioner of human services must allocate the additional basic sliding fee child care funds for calendar year 2021 to counties for updated maximum rates based on relative need to cover maximum rate increases.  In distributing the additional funds, the commissioner shall consider the following factors by county:

 

(1) number of children;

 

(2) provider type;

 

(3) age of children; and

 

(4) amount of the increase in maximum rates."

 

 

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

 

      The report was adopted.

 

 

SECOND READING OF HOUSE BILLS

 

 

      H. F. No. 4374 was read for the second time.

 

 

MOTIONS AND RESOLUTIONS

 

 

      Morrison moved that the name of Cantrell be added as an author on H. F. No. 1246.  The motion prevailed.

 

      Kotyza-Witthuhn moved that the name of Carlson, L., be added as chief author on H. F. No. 1883.  The motion prevailed.

 

      Christensen moved that the name of Stephenson be added as an author on H. F. No. 3202.  The motion prevailed.

 

      Becker-Finn moved that the name of Brand be added as an author on H. F. No. 4431.  The motion prevailed.

 

      Stephenson moved that the name of Brand be added as an author on H. F. No. 4502.  The motion prevailed.

 

      Halverson moved that the name of Dehn be added as an author on H. F. No. 4582.  The motion prevailed.

 

      Kunesh-Podein moved that the names of Fischer; Becker-Finn; Freiberg; Bahner; Youakim; Olson; Tabke; Moller; Brand; Xiong, J.; Persell; Liebling; Poppe; Dehn and Sauke be added as authors on H. F. No. 4634.  The motion prevailed.

 

      Runbeck moved that the names of Neu, Robbins, Dettmer, Garofalo, Scott and Hertaus be added as authors on H. F. No. 4649.  The motion prevailed.


Journal of the House - 91st Day - Monday, May 11, 2020 - Top of Page 8357

MOTION TO SUSPEND RULES

 

      Pursuant to Article IV, Section 19, of the Constitution of the state of Minnesota, Miller moved that the rule therein be suspended and an urgency be declared so that H. F. No. 4655 be recalled from the Committee on Government Operations, be given its second and third readings and be placed upon its final passage.  The motion did not prevail.

 

 

ADJOURNMENT

 

      Winkler moved that when the House adjourns today it adjourn until 1:30 p.m., Tuesday, May 12, 2020.  The motion prevailed.

 

      Winkler moved that the House adjourn.  The motion prevailed, and the Speaker declared the House stands adjourned until 1:30 p.m., Tuesday, May 12, 2020.

 

 

Patrick D. Murphy, Chief Clerk, House of Representatives

 

 

 

 


 


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