Journal of the House - 56th Day - Friday, May 17, 2019 - Top of Page 5893

STATE OF MINNESOTA

 

Journal of the House

 

NINETY-FIRST SESSION - 2019

 

_____________________

 

FIFTY-SIXTH DAY

 

Saint Paul, Minnesota, Friday, May 17, 2019

 

 

      The House of Representatives convened at 10:00 a.m. and was called to order by Jeanne Poppe, Speaker pro tempore.

 

      Prayer was offered by Pastor Ben Mailhot, Watermark Church, Stillwater, 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

Backer

Bahner

Bahr

Baker

Becker-Finn

Bennett

Bernardy

Bierman

Boe

Brand

Cantrell

Carlson, A.

Carlson, L.

Christensen

Claflin

Considine

Daniels

Daudt

Davnie

Dehn

Demuth

Dettmer

Drazkowski

Ecklund

Edelson

Elkins

Erickson

Fabian

Fischer

Franson

Freiberg

Garofalo

Gomez

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hassan

Hausman

Heinrich

Heintzeman

Her

Hertaus

Hornstein

Howard

Huot

Johnson

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

O'Neill

Pelowski

Persell

Petersburg

Pierson

Pinto

Poppe

Poston

Pryor

Quam

Richardson

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

Zerwas

Spk. Hortman


 

      A quorum was present.

 

      Anderson and Robbins were excused.

 

      Davids was excused until 7:50 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 - 56th Day - Friday, May 17, 2019 - Top of Page 5894

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

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

 

H. F. No. 2129, A bill for an act relating to capital investment; appropriating money for the Rural Finance Authority; authorizing the sale and issuance of state bonds.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 2796, A bill for an act relating to state government; ratifying a labor agreement and a compensation plan.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  LABOR AGREEMENTS AND COMPENSATION PLANS.

 

Subdivision 1.  Minnesota Law Enforcement Association.  The labor agreement between the state of Minnesota and the Minnesota Law Enforcement Association, submitted to the Legislative Coordinating Commission Subcommittee on Employee Relations on April 5, 2019, is ratified.

 

Subd. 2.  Minnesota State Board of Investment salary administration plan.  The salary administration plan for the Minnesota State Board of Investment, submitted to the Legislative Coordinating Commission Subcommittee on Employee Relations on February 7, 2019, is ratified.

 

Sec. 2.  EFFECTIVE DATE.

 

Section 1 is effective the day following final enactment."

 

 

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. Nos. 2129 and 2796 were read for the second time.


Journal of the House - 56th Day - Friday, May 17, 2019 - Top of Page 5895

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

Huot introduced:

 

H. F. No. 2899, A bill for an act relating to education; administration of drugs and medicines; requiring a report.

 

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

 

 

Jurgens introduced:

 

H. F. No. 2900, A bill for an act relating to state government; limiting paid leave for state employees who are subjects of investigations; amending Minnesota Statutes 2018, section 43A.05, by adding a subdivision.

 

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

 

 

Baker, Schomacker and Long introduced:

 

H. F. No. 2901, A bill for an act relating to public safety; establishing a temporary subcommittee of the Minnesota Recovers Task Force; requiring reports; appropriating money.

 

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

 

 

Lillie, Wagenius and Hansen introduced:

 

H. F. No. 2902, A bill for an act relating to water; establishing the Legislative-Citizen Commission on Minnesota Waters; eliminating the Clean Water Council and Legislative Water Commission; reassigning duties; providing appointments; amending Minnesota Statutes 2018, sections 3.886, subdivision 6; 10A.01, subdivision 35; 97A.056, subdivision 3; 114D.35, subdivisions 2, 3; 114D.50, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 114D; repealing Minnesota Statutes 2018, sections 114D.15, subdivision 3; 114D.20, subdivisions 5, 6, 7; 114D.30.

 

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

 

 

Kotyza-Witthuhn, Morrison, Bahner, Kunesh-Podein, Pinto and Carlson, A., introduced:

 

H. F. No. 2903, A bill for an act relating to education; requiring schools to make disposable menstrual products freely available in school restrooms; amending Minnesota Statutes 2018, section 121A.21.

 

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


Journal of the House - 56th Day - Friday, May 17, 2019 - Top of Page 5896

Edelson and Zerwas introduced:

 

H. F. No. 2904, A bill for an act relating to crime; providing a procedure to determine a defendant's competence; proposing coding for new law in Minnesota Statutes, chapter 628.

 

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

 

 

      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 Speaker pro tempore Poppe.

 

 

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

 

 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

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

 

H. F. No. 850, A bill for an act relating to natural resources; appropriating money to address wildlife disease.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  WILDLIFE DISEASE MANAGEMENT; CHRONIC WASTING DISEASE APPROPRIATIONS.

 

(a) $2,060,000 in fiscal year 2020 and $1,460,000 in fiscal year 2021 are appropriated from the general fund to the commissioner of natural resources for planning for and emergency response to disease outbreaks in wildlife.  Of this amount:

 

(1) $50,000 in fiscal year 2020 is to establish a chronic wasting disease adopt-a-dumpster program;

 

(2) $50,000 in fiscal year 2020 is to develop guidelines for handling, transporting, processing, and disposing of deer carcasses; and

 

(3) $500,000 in fiscal year 2020 is for a grant to the Board of Regents of the University of Minnesota for the Chronic Wasting Disease Response, Research, and Policy Program.

 

The commissioner and board must each submit quarterly reports on the activities funded under this paragraph to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over environment and natural resources and agriculture.  Base funding for this activity is $1,100,000 in fiscal year 2022 and thereafter.


Journal of the House - 56th Day - Friday, May 17, 2019 - Top of Page 5897

(b) If the appropriations in this section are enacted more than once in the 2019 regular legislative session, the appropriations must be given effect only once."

 

 

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

 

      The report was adopted.

 

 

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

 

S. F. No. 973, A bill for an act relating to health; requesting the Board of Regents of the University of Minnesota to establish an advisory council on rare diseases; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 137.

 

Reported the same back with the following amendments:

 

Page 3, line 31, delete "$50,000" and insert "$150,000" and delete "$50,000" and insert "$150,000"

 

Page 4, line 1, delete everything after the period and insert "This is a onetime appropriation."

 

Page 4, delete line 2 and insert:

 

"Sec. 3.  APPROPRIATIONS ENACTED MORE THAN ONCE; EFFECT.

 

If an appropriation in this act is enacted more than once in the 2019 legislative session, the appropriation must be given effect only once."

 

 

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. 850 was read for the second time.

 

 

SECOND READING OF SENATE BILLS

 

 

      S. F. No. 973 was read for the second time.

 

 

      The following Conference Committee Report was received:

 

 

CONFERENCE COMMITTEE REPORT ON H. F. No. 148

 

A bill for an act relating to health; permitting a community emergency medical technician to be a member of a basic life support ambulance service; modifying an occupational title of certain emergency medical technicians; amending Minnesota Statutes 2018, sections 144E.001, subdivision 5h; 144E.275, subdivision 7; 256B.0625, subdivision 60a.


Journal of the House - 56th Day - Friday, May 17, 2019 - Top of Page 5898

May 16, 2019

The Honorable Melissa Hortman

Speaker of the House of Representatives

 

The Honorable Jeremy R. Miller

President of the Senate

 

We, the undersigned conferees for H. F. No. 148 report that we have agreed upon the items in dispute and recommend as follows:

 

That the House concur in the Senate amendment.

 

 

We request the adoption of this report and repassage of the bill. 

 

House Conferees:  John Huot, Mike Freiberg and Jeff Backer.

 

Senate Conferees:  Julie A. Rosen, Rich Draheim and Karla Bigham.

 

 

      Huot moved that the report of the Conference Committee on H. F. No. 148 be adopted and that the bill be repassed as amended by the Conference Committee.  The motion prevailed.

 

 

H. F. No. 148, A bill for an act relating to health; permitting a community emergency medical technician to be a member of a basic life support ambulance service; modifying an occupational title of certain emergency medical technicians; amending Minnesota Statutes 2018, sections 144E.001, subdivision 5h; 144E.275, subdivision 7; 256B.0625, subdivision 60a.

 

 

      The bill was read for the third time, as amended by Conference, and placed upon its repassage.

 

      The question was taken on the repassage 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

Backer

Bahner

Bahr

Baker

Becker-Finn

Bennett

Bernardy

Bierman

Boe

Brand

Cantrell

Carlson, A.

Carlson, L.

Christensen

Claflin

Considine

Daniels

Daudt

Davnie

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

O'Neill

Pelowski

Persell

Petersburg

Pierson

Pinto

Poppe

Poston

Pryor


Journal of the House - 56th Day - Friday, May 17, 2019 - Top of Page 5899

Quam

Richardson

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

Zerwas

Spk. Hortman


 

 

      The bill was repassed, as amended by Conference, and its title agreed to.

 

 

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 Sunday, May 19, 2019 and established a prefiling requirement for amendments offered to the following bills:

 

      H. F. Nos. 2796 and 619; and S. F. Nos. 573, 1257, 1003, 1261 and 2089.

 

 

CALENDAR FOR THE DAY

 

 

      S. F. No. 1100 was reported to the House.

 

 

Haley moved to amend S. F. No. 1100, the unofficial engrossment, as follows:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2018, section 626.93, is amended by adding a subdivision to read:

 

Subd. 7.  Exception; Prairie Island Indian Community.  Notwithstanding any contrary provision in subdivision 3 or 4, the Prairie Island Indian Community of the Mdewakanton Dakota tribe has concurrent jurisdictional authority under this section with the local county sheriff within the geographical boundaries of the community's reservation to enforce state criminal law if the requirements of subdivision 2 are met, regardless of whether a cooperative agreement pursuant to subdivision 4 is entered into."

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.

 

 

      S. F. No. 1100, A bill for an act relating to public safety; modifying requirements for the Prairie Island Indian Community to exercise concurrent state law enforcement jurisdictional authority; amending Minnesota Statutes 2018, section 626.93, by adding a subdivision.

 

 

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


Journal of the House - 56th Day - Friday, May 17, 2019 - Top of Page 5900

           The question was taken on the passage of the bill and the roll was called.  There were 122 yeas and 8 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Albright

Backer

Bahner

Bahr

Baker

Becker-Finn

Bennett

Bernardy

Bierman

Boe

Brand

Cantrell

Carlson, A.

Carlson, L.

Christensen

Claflin

Considine

Daniels

Daudt

Davnie

Demuth

Dettmer

Drazkowski

Ecklund

Edelson

Elkins

Fabian

Fischer

Franson

Freiberg

Garofalo

Gomez

Green

Gunther

Haley

Halverson

Hamilton

Hansen

Hassan

Hausman

Heintzeman

Her

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

Miller

Moller

Moran

Morrison

Munson

Murphy

Nash

Nelson, M.

Nelson, N.

Neu

Noor

Nornes

O'Driscoll

Olson

O'Neill

Pelowski

Persell

Petersburg

Pierson

Pinto

Poppe

Poston

Pryor

Quam

Richardson

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

Zerwas

Spk. Hortman


 

      Those who voted in the negative were:

 


Erickson

Grossell

Gruenhagen

Heinrich

Hertaus

Lucero

Mekeland

Runbeck


 

 

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

 

 

      S. F. No. 328, A bill for an act relating to health; modifying a hospital construction or modification moratorium exception for an existing hospital in Carver County; amending Minnesota Statutes 2018, section 144.551, subdivision 1.

 

 

      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 126 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Albright

Backer

Bahner

Bahr

Baker

Becker-Finn

Bennett

Bernardy

Bierman

Boe

Brand

Cantrell

Carlson, A.

Carlson, L.

Christensen

Claflin

Considine

Daniels

Daudt

Davnie

Demuth

Dettmer

Drazkowski

Ecklund

Edelson

Elkins

Erickson

Fabian

Fischer

Franson

Freiberg

Garofalo

Gomez

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hausman

Heinrich

Heintzeman

Her

Hertaus

Hornstein


Journal of the House - 56th Day - Friday, May 17, 2019 - Top of Page 5901

Howard

Huot

Johnson

Jurgens

Kiel

Klevorn

Koegel

Kotyza-Witthuhn

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

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

O'Neill

Pelowski

Persell

Petersburg

Pierson

Pinto

Poppe

Poston

Pryor

Quam

Richardson

Sandell

Sandstede

Sauke

Schomacker

Scott

Stephenson

Sundin

Swedzinski

Tabke

Theis

Torkelson

Urdahl

Vang

Vogel

Wagenius

Wazlawik

West

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Zerwas

Spk. Hortman


 

 

      The bill was passed and its title agreed to.

 

 

MOTIONS AND RESOLUTIONS

 

 

      Persell moved that the name of Bernardy be added as an author on H. F. No. 973.  The motion prevailed.

 

      Elkins moved that the name of Christensen be added as an author on H. F. No. 983.  The motion prevailed.

 

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

 

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

 

      Gunther moved that the name of Munson be added as an author on H. F. No. 2888.  The motion prevailed.

 

      Gruenhagen moved that the name of Lippert be added as an author on H. F. No. 2895.  The motion prevailed.

 

 

Winkler introduced:

 

House Concurrent Resolution No. 2, A House concurrent resolution relating to adjournment of the House of Representatives and Senate until 2020.

 

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

 

 

      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 Speaker pro tempore Olson.


Journal of the House - 56th Day - Friday, May 17, 2019 - Top of Page 5902

           Gruenhagen and Heinrich were excused for the remainder of today's session.

 

 

ANNOUNCEMENT FROM THE COMMITTEE ON

RULES AND LEGISLATIVE ADMINISTRATION

 

      Pursuant to rules 1.21 and 1.22, the Committee on Rules and Legislative Administration specified Friday, May 17, 2019 as the date after which the 5:00 p.m. deadlines no longer apply to the designation of bills to be placed on the Calendar for the Day and to the announcement of the intention to request that bills be considered by the House on the Fiscal Calendar.

 

 

ADJOURNMENT

 

      Winkler moved that when the House adjourns today it adjourn until 10:00 a.m., Saturday, May 18, 2019.  The motion prevailed.

 

      Winkler moved that the House adjourn.  The motion prevailed, and Speaker pro tempore Olson declared the House stands adjourned until 10:00 a.m., Saturday, May 18, 2019.

 

 

Patrick D. Murphy, Chief Clerk, House of Representatives