Journal of the House - 3rd Day - Wednesday, October 14, 2020 - Top of Page 23

STATE OF MINNESOTA

 

Journal of the House

 

FIFTH SPECIAL SESSION - 2020

 

_____________________

 

THIRD DAY

 

Saint Paul, Minnesota, Wednesday, October 14, 2020

 

 

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

 

      Prayer was offered by Deacon Nathan E. Allen, Archdiocese of Saint Paul and Minneapolis, St. Paul, Minnesota.

 

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

 

      The roll was called and the following members were present:

 


Acomb

Albright

Anderson

Backer

Bahner

Bahr

Baker

Becker-Finn

Bennett

Bernardy

Bierman

Boe

Brand

Cantrell

Carlson, A.

Carlson, L.

Christensen

Claflin

Considine

Daniels

Daudt

Davids

Davnie

Dehn

Demuth

Dettmer

Drazkowski

Ecklund

Edelson

Elkins

Erickson

Fabian

Fischer

Franson

Freiberg

Garofalo

Gomez

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hassan

Hausman

Heinrich

Heintzeman

Her

Hertaus

Hornstein

Howard

Huot

Johnson

Jordan

Jurgens

Kiel

Klevorn

Koegel

Kotyza-Witthuhn

Koznick

Kresha

Kunesh-Podein

Layman

Lesch

Liebling

Lien

Lillie

Lippert

Lislegard

Long

Lucero

Lueck

Mahoney

Mann

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.

 

      Lee was excused until 12:25 p.m.  Mariani was excused until 3:10 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 - 3rd Day - Wednesday, October 14, 2020 - Top of Page 24

REPORT FROM THE COMMITTEE ON RULES

AND LEGISLATIVE ADMINISTRATION

 

      Winkler from the Committee on Rules and Legislative Administration, pursuant to rule 1.21, designated the following bills to be placed on the Calendar for the Day for Wednesday, October 14, 2020:

 

      H. F. No. 1; S. F. No. 2; and H. F. No. 42.

 

 

CALENDAR FOR THE DAY

 

 

      H. F. No. 1 was reported to the House.

 

 

Murphy moved to amend H. F. No. 1 as follows:

 

Page 40, line 2, delete "Bridge" and insert "Trail"

 

Page 40, line 4, delete "separated trail bridge" and insert "separate trail"

 

Page 45, line 33, delete "to construct" and insert "for design of"

 

Page 46, line 4, after the period, insert "If money remains after substantial completion of design, the unexpended and unencumbered amount may be used for engineering for the project."

 

Page 49, line 26, after the period, insert "Any money remaining from this appropriation after design is substantially completed, and after written notice to the commissioner of management and budget, may be used for asset preservation."

 

Page 70, delete subdivision 12

 

Page 71, after line 19, insert:

 

"Subd. 17.  Forest Lake; Wastewater Infrastructure. 

 

 

 

1,700,000

 

For a grant to the city of Forest Lake to predesign, design, engineer, construct or reconstruct, and equip ten sanitary sewer system lift stations in the city."

 

Page 84, line 3, after the period, insert "This appropriation for the first phase must not be used for a sports dome, and this appropriation is not available if any money, including privately raised funds, is used to construct a sports dome."

 

Page 121, line 9, delete "designed" and insert "designated"

 

Page 122, line 6, after "state government;" insert "the Metropolitan Council;"

 

Page 122, line 13, after "metropolitan or regional agency" insert "other than the Metropolitan Council"

 

Page 122, line 31, delete the first "subdivision" and insert "paragraph"


Journal of the House - 3rd Day - Wednesday, October 14, 2020 - Top of Page 25

Page 138, line 10, delete "section 12" and insert "section 9"

 

Page 155, line 12, delete "after" and insert "by"

 

Page 155, line 21, delete "designed" and insert "designated"

 

Renumber the sections and subdivisions in sequence and correct the internal references

 

Amend the title accordingly

 

Adjust amounts and totals accordingly

 

 

      The motion prevailed and the amendment was adopted.

 

 

      Lien was excused between the hours of 12:50 p.m. and 1:35 p.m.

 

 

Sandstede moved to amend H. F. No. 1, as amended, as follows:

 

Page 154, line 4, after the second period, insert "Of this amount, $7,500,000 is for fiscal year 2021 employee compensation costs and continuity of operations of the challenge incarceration programs at Togo and Willow River through June 30, 2021."

 

 

      The motion prevailed and the amendment was adopted.

 

 

      Kiel was excused between the hours of 2:00 p.m. and 2:25 p.m.

 

 

Daudt moved to amend H. F. No. 1, as amended, as follows:

 

Page 155, after line 26, insert:

 

"Sec. 9.  TRANSFERS TO THE CASH FLOW ACCOUNT.

 

Subdivision 1.  Transfers.  Notwithstanding any law to the contrary, the following amounts are transferred to the cash flow account established in Minnesota Statutes, section 16A.152, subdivision 1, on January 1, 2021:

 

(1) any unobligated balance in the COVID-19 Minnesota Fund created in Laws 2020, chapter 71, section 7, as amended by Laws 2020, chapter 81, and any portion of amounts appropriated from that fund that are canceled back to the fund;

 

(2) any unobligated balance in the COVID-19 Minnesota Fund created in Laws 2020, chapter 71, section 7, as amended by Laws 2020, chapter 81, and any portion of amounts appropriated from that fund that are canceled back to the fund; and

 

(3) any unspent amounts in the public health response contingency account from the amounts that were transferred to the account in Laws 2020, chapter 66, section 1, or Laws 2020, chapter 70, article 1, section 3.


Journal of the House - 3rd Day - Wednesday, October 14, 2020 - Top of Page 26

Subd. 2.  Cancellations and transfers.  (a) Any amounts from the federal coronavirus relief fund that were appropriated to local governments in federal coronavirus relief fund review order number 14 and are returned unspent by local governments to the state in accordance with Department of Revenue requirements are subject to paragraph (e).

 

(b) The commissioner of management and budget shall determine the expected balance in the federal coronavirus relief fund as of December 30, 2020, and also determine amounts that have been appropriated from that fund but may not be spent by December 30, 2020.  The expected balance and amounts that may not be spent are subject to paragraph (e).

 

(c) Any portion of amounts appropriated from the federal coronavirus relief fund that are canceled back to the fund are subject to paragraph (e).

 

(d) $50,000,000 of the balance in the federal coronavirus relief fund is subject to paragraph (e).

 

(e) Amounts identified in paragraphs (a), (b), (c), and (d) must be used to replace appropriations that had previously been made from the general fund, the health care response fund, or the COVID-19 Minnesota fund that are eligible for federal coronavirus relief fund spending.  Amounts from the federal coronavirus relief fund are appropriated for replacement of previously made appropriations from the general fund, the health care response fund, or the COVID-19 Minnesota fund as determined by the commissioner.  Amounts canceled from the previously made appropriations are canceled to the cash flow account.

 

Subd. 3.  FEMA reimbursement amounts.  Notwithstanding any law to the contrary, any amounts the state receives as reimbursement from the Federal Emergency Management Agency (FEMA) for amounts originally appropriated from the general fund in Laws 2020 to respond to the COVID-19 pandemic are transferred to the cash flow account.  Amounts originally appropriated from the general fund include amounts that may have been spent from the COVID-19 Minnesota fund, the health care response fund, and the public health contingency account as identified in subdivision 1, clause (3).

 

Subd. 4.  Remaining in the general fund.  Notwithstanding the requirements in subdivisions 1, 2, and 3 to make transfers to the cash flow account, the first $45,000,000 that is identified under those subdivisions must be canceled to the general fund.  Any amounts above $45,000,000 must be transferred to the cash flow account.

 

Subd. 5.  Transfer to the general fund.  Amounts transferred to the cash flow account under subdivisions 1, 2, and 3 are canceled to the general fund on July 1, 2021.

 

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

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

Daudt moved to amend the Daudt amendment to H. F. No. 1, as amended, as follows:

 

Page 1, after line 1, insert:

 

"Page 139, line 12, delete "2021" and insert "2022""

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment to the amendment was adopted.


Journal of the House - 3rd Day - Wednesday, October 14, 2020 - Top of Page 27

                The question recurred on the Daudt amendment, as amended, and the roll was called.  There were 56 yeas and 77 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson

Backer

Baker

Bennett

Boe

Daniels

Daudt

Davids

Demuth

Dettmer

Erickson

Fabian

Franson

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Hamilton

Heinrich

Heintzeman

Hertaus

Johnson

Jurgens

Kiel

Koznick

Kresha

Layman

Lucero

Lueck

McDonald

Mekeland

Miller

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

Bahr

Becker-Finn

Bernardy

Bierman

Brand

Cantrell

Carlson, A.

Carlson, L.

Christensen

Claflin

Considine

Davnie

Dehn

Drazkowski

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

Marquart

Masin

Moller

Moran

Morrison

Munson

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, as amended, was not adopted.

 

 

Moller moved to amend H. F. No. 1, as amended, as follows:

 

Page 153, after line 3, insert:

 

"Section 1.  Minnesota Statutes 2018, section 299C.106, subdivision 3, is amended to read:

 

Subd. 3.  Submission and storage of unrestricted sexual assault examination kit kits.  (a) Within 60 days of receiving an unrestricted sexual assault examination kit, a law enforcement agency shall submit the kit for testing to a forensic laboratory, unless the law enforcement agency deems the result of the kit would not add evidentiary value to the case.  If a kit is not submitted during this time, the agency shall make a record, in consultation with the county attorney, stating the reasons why the kit was not submitted.  Restricted sexual assault examination kits shall not be submitted for testing.  The testing laboratory shall return unrestricted sexual assault examination kits to the submitting agency for storage after testing is complete.  The submitting agency must store unrestricted sexual assault examination kits indefinitely.

 

(b) Within 60 days of a hospital preparing a restricted sexual assault examination kit or a law enforcement agency receiving a restricted sexual assault examination kit from a hospital, the hospital or the agency shall submit the kit to the Bureau of Criminal Apprehension.  The bureau shall store all restricted sexual assault examination kits collected by hospitals or law enforcement agencies in the state.  The bureau shall retain a restricted sexual assault examination kit for at least 30 months from the date the bureau receives the kit.


Journal of the House - 3rd Day - Wednesday, October 14, 2020 - Top of Page 28

EFFECTIVE DATE.  This section is effective January 1, 2021.

 

Sec. 2.  Minnesota Statutes 2018, section 299C.106, is amended by adding a subdivision to read:

 

Subd. 3a.  Uniform consent form.  The superintendent of the Bureau of Criminal Apprehension shall develop a uniform sexual assault examination kit consent form.  The form must clearly explain the differences between designating a kit as unrestricted or restricted.  In developing and designing the consent form, the superintendent must consult with hospital administrators, sexual assault nurse examiners, the Minnesota Coalition Against Sexual Assault, and other stakeholders.  The uniform consent form shall be widely distributed to law enforcement agencies, medical providers, and other stakeholders.  The superintendent must make the form available on the bureau's website.

 

Sec. 3.  Minnesota Statutes 2018, section 299C.106, is amended by adding a subdivision to read:

 

Subd. 3b.  Web database requirement.  The commissioner, in consultation with the commissioner of administration, must maintain a website with a searchable database providing sexual assault victims with information on the status of their individual sexual assault examination kit.  The superintendent must strictly control access to the database to protect the privacy of the victims' data."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.

 

 

      Heintzeman offered an amendment to H. F. No. 1, as amended.

 

 

POINT OF ORDER

 

      Long raised a point of order pursuant to rule 3.21 that the Heintzeman amendment was not in order.  The Speaker ruled the point of order well taken and the Heintzeman amendment out of order.

 

 

      Heintzeman appealed the decision of the Speaker.

 

 

      A roll call was requested and properly seconded.

 

 

      The vote was taken on the question "Shall the decision of the Speaker stand as the judgment of the House?" and the roll was called.  There were 70 yeas and 62 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

Edelson

Elkins

Fischer

Freiberg

Gomez

Halverson

Hansen

Hassan

Hausman

Her


Journal of the House - 3rd Day - Wednesday, October 14, 2020 - Top of Page 29

Hornstein

Howard

Huot

Jordan

Klevorn

Koegel

Kotyza-Witthuhn

Kunesh-Podein

Lee

Lesch

Liebling

Lien

Lillie

Lippert

Long

Mann

Mariani

Marquart

Masin

Moller

Moran

Morrison

Murphy

Nelson, M.

Noor

Olson

Pelowski

Persell

Pinto

Poppe

Pryor

Richardson

Sandell

Sauke

Schultz

Stephenson

Tabke

Vang

Wagenius

Wazlawik

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

      Those who voted in the negative were:

 


Albright

Anderson

Backer

Bahr

Baker

Bennett

Boe

Daniels

Daudt

Davids

Demuth

Dettmer

Drazkowski

Ecklund

Erickson

Fabian

Franson

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Hamilton

Heinrich

Heintzeman

Hertaus

Johnson

Jurgens

Kiel

Koznick

Kresha

Layman

Lislegard

Lucero

Lueck

McDonald

Mekeland

Miller

Munson

Nash

Nelson, N.

Neu

Nornes

Novotny

O'Driscoll

O'Neill

Petersburg

Pierson

Poston

Quam

Robbins

Runbeck

Sandstede

Schomacker

Scott

Swedzinski

Theis

Torkelson

Urdahl

Vogel

West


 

 

      So it was the judgment of the House that the decision of the Speaker should stand.

 

 

Nash moved to amend H. F. No. 1, as amended, as follows:

 

Page 28, line 8, delete "acquire a site,"

 

Page 28, line 12, before the period, insert "on the site of the state morgue located at 1415 L'Orient Street in St. Paul"

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Nash amendment and the roll was called.  There were 59 yeas and 73 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


 


Journal of the House - 3rd Day - Wednesday, October 14, 2020 - Top of Page 30

                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

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


 

 

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

 

 

      The Speaker called Halverson to the Chair.

 

 

      Hortman was excused between the hours of 3:30 p.m. and 4:00 p.m.

 

 

Nash moved to amend H. F. No. 1, as amended, as follows:

 

Page 139, after line 19, insert:

 

"Sec. 3.  STATE STORAGE FACILITY; SALE.

 

The commissioner of administration shall sell at private sale, public auction, or other means, for fair market value, the facility recently purchased that is located at 1415 L'Orient Avenue in the city of St. Paul and was to be used for temporary storage of the remains of persons who have died from COVID-19.  The commissioner shall deposit sale proceeds in the general fund.

 

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

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Nash amendment and the roll was called.  There were 58 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


Journal of the House - 3rd Day - Wednesday, October 14, 2020 - Top of Page 31

Miller

Munson

Nash

Nelson, N.

Neu

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

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.

 

 

      The Speaker resumed the Chair.

 

 

Vogel moved to amend H. F. No. 1, as amended, as follows:

 

Page 139, delete line 5

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Vogel 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


 


Journal of the House - 3rd Day - Wednesday, October 14, 2020 - Top of Page 32

                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

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.

 

 

      Garofalo was excused between the hours of 4:35 p.m. and 10:15 p.m.

 

 

      Nash offered an amendment to H. F. No. 1, as amended.

 

 

POINT OF ORDER

 

      Considine raised a point of order pursuant to rule 3.21 that the Nash amendment was not in order.  The Speaker ruled the point of order well taken and the Nash amendment out of order.

 

 

      Nash appealed the decision of the Speaker.

 

 

      A roll call was requested and properly seconded.

 

 

      The vote was taken on the question "Shall the decision of the Speaker stand as the judgment of the House?" and the roll was called.  There were 70 yeas and 63 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Bahner

Becker-Finn

Bernardy

Bierman

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

Long

Mahoney

Mann

Mariani

Masin

Moller

Moran

Morrison

Murphy

Nelson, M.

Noor

Olson

Pelowski

Persell

Pinto

Poppe

Pryor

Richardson

Sandell

Sauke

Schultz

Sundin

Tabke

Vang

Wagenius

Wazlawik

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 


Journal of the House - 3rd Day - Wednesday, October 14, 2020 - Top of Page 33

                Those who voted in the negative were:

 


Albright

Anderson

Backer

Bahr

Baker

Bennett

Boe

Brand

Daniels

Daudt

Davids

Demuth

Dettmer

Drazkowski

Erickson

Fabian

Franson

Green

Grossell

Gruenhagen

Gunther

Haley

Hamilton

Heinrich

Heintzeman

Hertaus

Johnson

Jurgens

Kiel

Koznick

Kresha

Layman

Lislegard

Lucero

Lueck

Marquart

McDonald

Mekeland

Miller

Munson

Nash

Nelson, N.

Neu

Nornes

Novotny

O'Driscoll

O'Neill

Petersburg

Pierson

Poston

Quam

Robbins

Runbeck

Sandstede

Schomacker

Scott

Stephenson

Swedzinski

Theis

Torkelson

Urdahl

Vogel

West


 

 

      So it was the judgment of the House that the decision of the Speaker should stand.

 

 

Lucero moved to amend H. F. No. 1, as amended, as follows:

 

Page 153, lines 24 and 30, delete "civil unrest" and insert "criminal property destruction and riots"

 

Page 154, lines 24 and 29, delete "civil unrest" and insert "criminal property destruction and riots"

 

Page 155, after line 26, insert:

 

"Sec. 9.  REQUIRED OFFSET; MINNEAPOLIS.

 

For each supplemental appropriation in this article for civil unrest response costs, the city of Minneapolis must reimburse the state no later than June 30, 2021.  If reimbursement received from the city of Minneapolis is not sufficient to fully reimburse these civil unrest response costs, the commissioner of revenue must withhold the difference from local government aid that the commissioner would otherwise award to the city of Minneapolis."

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Lucero amendment and the roll was called.  There were 60 yeas and 73 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

Green

Grossell

Gruenhagen

Gunther

Haley

Hamilton

Heinrich

Heintzeman

Hertaus

Johnson

Jurgens

Kiel

Koznick

Kresha

Layman

Lislegard

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


 


Journal of the House - 3rd Day - Wednesday, October 14, 2020 - Top of Page 34

                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

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


 

 

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

 

 

Winkler moved to amend H. F. No. 1, as amended, as follows:

 

Page 139, line 11, delete "$100,000,000" and insert "$105,000,000"

 

Page 153, line 24, after "incurred" insert "by the agency"

 

Page 153, line 30, after "costs" insert "incurred by the agency"

 

Page 153, after line 31, insert:

 

"Subd. 7.  Appropriations; Department of Public Safety; State Patrol.  (a) $193,000 in fiscal year 2021 is appropriated from the general fund to the commissioner of public safety for the salary increases.  This is a onetime appropriation.

 

(b) $3,394,000 in fiscal year 2021 is appropriated from the trunk highway fund to the commissioner of public safety for the salary increases.  This is a onetime appropriation.

 

(c) $49,000 in fiscal year 2021 is appropriated from the highway user tax distribution fund to the commissioner of public safety for the salary increases.  This is a onetime appropriation."

 

Page 154, after line 1, insert:

 

"Sec. 3.  STATE PATROL TROOPER SALARY INCREASE.

 

The commissioner of public safety must increase the salary paid to state patrol troopers by 8.4 percent.

 

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

 

Page 154, line 24, after "costs" insert "incurred by the agency"

 

Page 154, line 29, after "costs" insert "incurred by the agency"

 

Page 155, delete lines 11 to 13 and insert:


Journal of the House - 3rd Day - Wednesday, October 14, 2020 - Top of Page 35

"Subdivision 1.  Application.  This section applies to funds as specified in the following paragraphs:

 

(1) funds allocated pursuant to the coronavirus relief fund request number 14 that are returned to the state by December 10, 2020; and

 

(2) $10,000,000 of the unappropriated funds in the coronavirus relief fund.  The commissioner shall direct $10,000,000 of federal CARES Act funding to appropriate state activities that have been funded by the state general fund."

 

Page 155, line 16, delete "and 74" and insert "74, and 81"

 

Page 155, line 18, delete "and 74" and insert "74, and 81"

 

Page 155, line 21, delete "designed" and insert "designated" and delete "amount returned" and insert "amounts"

 

Page 155, after line 26, insert:

 

"Sec. 9.  FUND MAXIMIZATION.

 

On or after December 31, 2020, the commissioner of management and budget is authorized to use best efforts to maximize the use of federal CARES Act funding, consistent with applicable federal guidance, and to use any unobligated amounts to fund eligible state activities appropriated for in the Laws 2020, chapters 66, 70, 71, 74, or 81.

 

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

 

ARTICLE 10

DIRECT SUPPORT PROFESSIONALS

 

Section 1.  Minnesota Statutes 2019 Supplement, section 256B.0659, subdivision 11, as amended by Laws 2020, chapter 115, article 4, section 128, is amended to read:

 

Subd. 11.  Personal care assistant; requirements.  (a) A personal care assistant must meet the following requirements:

 

(1) be at least 18 years of age with the exception of persons who are 16 or 17 years of age with these additional requirements:

 

(i) supervision by a qualified professional every 60 days; and

 

(ii) employment by only one personal care assistance provider agency responsible for compliance with current labor laws;

 

(2) be employed by a personal care assistance provider agency;

 

(3) enroll with the department as a personal care assistant after clearing a background study.  Except as provided in subdivision 11a, before a personal care assistant provides services, the personal care assistance provider agency must initiate a background study on the personal care assistant under chapter 245C, and the personal care assistance provider agency must have received a notice from the commissioner that the personal care assistant is:

 

(i) not disqualified under section 245C.14; or

 

(ii) disqualified, but the personal care assistant has received a set aside of the disqualification under section 245C.22;


Journal of the House - 3rd Day - Wednesday, October 14, 2020 - Top of Page 36

(4) be able to effectively communicate with the recipient and personal care assistance provider agency;

 

(5) be able to provide covered personal care assistance services according to the recipient's personal care assistance care plan, respond appropriately to recipient needs, and report changes in the recipient's condition to the supervising qualified professional, physician, or advanced practice registered nurse;

 

(6) not be a consumer of personal care assistance services;

 

(7) maintain daily written records including, but not limited to, time sheets under subdivision 12;

 

(8) effective January 1, 2010, complete standardized training as determined by the commissioner before completing enrollment.  The training must be available in languages other than English and to those who need accommodations due to disabilities.  Personal care assistant training must include successful completion of the following training components:  basic first aid, vulnerable adult, child maltreatment, OSHA universal precautions, basic roles and responsibilities of personal care assistants including information about assistance with lifting and transfers for recipients, emergency preparedness, orientation to positive behavioral practices, fraud issues, and completion of time sheets.  Upon completion of the training components, the personal care assistant must demonstrate the competency to provide assistance to recipients;

 

(9) complete training and orientation on the needs of the recipient; and

 

(10) be limited to providing and being paid for up to 275 310 hours per month of personal care assistance services regardless of the number of recipients being served or the number of personal care assistance provider agencies enrolled with.  The number of hours worked per day shall not be disallowed by the department unless in violation of the law.

 

(b) A legal guardian may be a personal care assistant if the guardian is not being paid for the guardian services and meets the criteria for personal care assistants in paragraph (a).

 

(c) Persons who do not qualify as a personal care assistant include parents, stepparents, and legal guardians of minors; spouses; paid legal guardians of adults; family foster care providers, except as otherwise allowed in section 256B.0625, subdivision 19a; and staff of a residential setting.

 

(d) Personal care assistance services qualify for the enhanced rate described in subdivision 17a if the personal care assistant providing the services:

 

(1) provides covered services to a recipient who qualifies for 12 or more hours per day of personal care assistance services; and

 

(2) satisfies the current requirements of Medicare for training and competency or competency evaluation of home health aides or nursing assistants, as provided in the Code of Federal Regulations, title 42, section 483.151 or 484.36, or alternative state-approved training or competency requirements.

 

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

 

Sec. 2.  Minnesota Statutes 2019 Supplement, section 256B.85, subdivision 16, is amended to read:

 

Subd. 16.  Support workers requirements.  (a) Support workers shall:

 

(1) enroll with the department as a support worker after a background study under chapter 245C has been completed and the support worker has received a notice from the commissioner that the support worker:


Journal of the House - 3rd Day - Wednesday, October 14, 2020 - Top of Page 37

(i) is not disqualified under section 245C.14; or

 

(ii) is disqualified, but has received a set-aside of the disqualification under section 245C.22;

 

(2) have the ability to effectively communicate with the participant or the participant's representative;

 

(3) have the skills and ability to provide the services and supports according to the participant's CFSS service delivery plan and respond appropriately to the participant's needs;

 

(4) complete the basic standardized CFSS training as determined by the commissioner before completing enrollment.  The training must be available in languages other than English and to those who need accommodations due to disabilities.  CFSS support worker training must include successful completion of the following training components:  basic first aid, vulnerable adult, child maltreatment, OSHA universal precautions, basic roles and responsibilities of support workers including information about basic body mechanics, emergency preparedness, orientation to positive behavioral practices, orientation to responding to a mental health crisis, fraud issues, time cards and documentation, and an overview of person-centered planning and self-direction.  Upon completion of the training components, the support worker must pass the certification test to provide assistance to participants;

 

(5) complete employer-directed training and orientation on the participant's individual needs;

 

(6) maintain the privacy and confidentiality of the participant; and

 

(7) not independently determine the medication dose or time for medications for the participant.

 

(b) The commissioner may deny or terminate a support worker's provider enrollment and provider number if the support worker:

 

(1) does not meet the requirements in paragraph (a);

 

(2) fails to provide the authorized services required by the employer;

 

(3) has been intoxicated by alcohol or drugs while providing authorized services to the participant or while in the participant's home;

 

(4) has manufactured or distributed drugs while providing authorized services to the participant or while in the participant's home; or

 

(5) has been excluded as a provider by the commissioner of human services, or by the United States Department of Health and Human Services, Office of Inspector General, from participation in Medicaid, Medicare, or any other federal health care program.

 

(c) A support worker may appeal in writing to the commissioner to contest the decision to terminate the support worker's provider enrollment and provider number.

 

(d) A support worker must not provide or be paid for more than 275 310 hours of CFSS per month, regardless of the number of participants the support worker serves or the number of agency-providers or participant employers by which the support worker is employed.  The department shall not disallow the number of hours per day a support worker works unless it violates other law.

 

(e) CFSS qualify for an enhanced rate if the support worker providing the services:


Journal of the House - 3rd Day - Wednesday, October 14, 2020 - Top of Page 38

(1) provides services, within the scope of CFSS described in subdivision 7, to a participant who qualifies for 12 or more hours per day of CFSS; and

 

(2) satisfies the current requirements of Medicare for training and competency or competency evaluation of home health aides or nursing assistants, as provided in the Code of Federal Regulations, title 42, section 483.151 or 484.36, or alternative state-approved training or competency requirements.

 

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

 

Sec. 3.  TEMPORARY PERSONAL CARE ASSISTANCE COMPENSATION FOR SERVICES PROVIDED BY A PARENT OR SPOUSE.

 

(a) Notwithstanding Minnesota Statutes, section 256B.0659, subdivisions 3, paragraph (a), clause (1); 11, paragraph (c); and 19, paragraph (b), clause (3), during a peacetime emergency declared by the governor under Minnesota Statutes, section 12.31, subdivision 2, for an outbreak of COVID-19, a parent, stepparent, or legal guardian of a minor who is a personal care assistance recipient or a spouse of a personal care assistance recipient may provide and be paid for providing personal care assistance services.

 

(b) This section expires January 31, 2021, or 60 days after the peacetime emergency declared by the governor under Minnesota Statutes, section 12.31, subdivision 2, for an outbreak of COVID-19, is terminated or rescinded by proper authority, whichever is later.

 

EFFECTIVE DATE.  This section is effective the day following final enactment or upon federal approval, whichever is later.  The commissioner of human services shall notify the revisor of statutes when federal approval is obtained.

 

Sec. 4.  DIRECT SUPPORT PROFESSIONALS TEMPORARY RATE INCREASE.

 

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

 

(b) "Commissioner" means the commissioner of human services.

 

(c) "Covered program" has the meaning given in Minnesota Statutes, section 256B.0711, subdivision 1, paragraph (b).

 

(d) "Direct support professional" means an individual employed to personally provide personal care assistance services covered by medical assistance under Minnesota Statutes, section 256B.0625, subdivisions 19a and 19c; or to personally provide medical assistance services covered under Minnesota Statutes, section 256B.0913, 256B.092, or 256B.49, or chapter 256S.  Direct support professional does not include managerial or administrative staff who do not personally provide the services described in this paragraph.

 

(e) "Direct support services" has the meaning given in Minnesota Statutes, section 256B.0711, subdivision 1, paragraph (c).

 

Subd. 2.  Temporary rates for direct support services.  (a) To respond to the infectious disease known as COVID-19, the commissioner must temporarily increase rates and enhanced rates by 12.5 percent for direct support services provided under a covered program or under Minnesota Statutes, section 256B.0659, while this section is effective.

 

(b) Providers that receive a rate increase under this section must:


Journal of the House - 3rd Day - Wednesday, October 14, 2020 - Top of Page 39

(1) use at least 80 percent of the additional revenue to increase wages, salaries, and benefits for direct support professionals and any corresponding increase in the employer's share of FICA taxes, Medicare taxes, state and federal unemployment taxes, and workers' compensation premiums; and

 

(2) use any remainder of the additional revenue for activities and items necessary to support compliance with Centers for Disease Control and Prevention guidance on sanitation and personal protective equipment.

 

Subd. 3.  Capitation rates and directed payments.  (a) To implement the temporary rate increase under this section, managed care plans and county-based purchasing plans shall pay at least the fee-for-service rate inclusive of the 12.5 percent increase for the direct support services.

 

(b) The commissioner shall adjust capitation rates paid to managed care plans and county-based purchasing plans as needed to maintain managed care plans' required medical loss ratios.

 

(c) If federal approval is not received due to the provisions of this subdivision, the commissioner must adjust the capitation rates paid to managed care plans and county-based purchasing plans for that contract year to reflect the removal of this provision.  Contracts between managed care plans and providers and between county-based purchasing plans and providers must allow recovery of payments from providers if federal approval for the provisions of this subdivision is not received and the commissioner reduces capitation payments as a result.  Payment recoveries must not exceed the amount equal to any decrease in rates that results from this paragraph.

 

Subd. 4.  Consumer-directed community supports budgets.  The commissioner shall temporarily adjust consumer-directed community supports budgets to account for the rate increase required in subdivision 2.

 

Subd. 5.  Consumer support grants; increased maximum allowable grant.  The commissioner shall temporarily increase the maximum allowable monthly grant level for each recipient of consumer support grants to account for the rate increase required in subdivision 2.

 

Subd. 6.  Distribution plans.  (a) A provider agency or individual provider that receives a rate increase under subdivision 2 shall prepare and, upon request, submit to the commissioner a distribution plan that specifies the anticipated amount and proposed uses of the additional revenue the provider will receive under subdivision 2.

 

(b) Within 60 days of final enactment of this section, the provider must post the distribution plan and leave it posted for a period of at least six weeks in an area of the provider's operation to which all direct support professionals have access.  The provider must post with the distribution plan instructions on how to contact the commissioner if direct support professionals do not believe they have received the wage increase or benefits specified in the distribution plan.  The instructions must include a mailing address, e­mail address, and telephone number that the direct support professional may use to contact the commissioner or the commissioner's representative.

 

Subd. 7.  Expiration.  This section expires January 31, 2021; 60 days after the peacetime emergency declared by the governor under Minnesota Statutes, section 12.31, subdivision 2, for an outbreak of COVID-19, is terminated or rescinded by proper authority; or when federal approval ends, whichever is later.

 

EFFECTIVE DATE.  This section is effective the day following final enactment or upon federal approval, whichever is later.  The commissioner shall notify the revisor of statutes when federal approval is obtained.


Journal of the House - 3rd Day - Wednesday, October 14, 2020 - Top of Page 40

Sec. 5.  APPROPRIATION; HOME AND COMMUNITY-BASED DIRECT SUPPORT PROFESSIONALS.

 

$13,251,000 in fiscal year 2021 is appropriated from the general fund to the commissioner of human services to implement the direct support professional provisions in this act.

 

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

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

Lippert moved to amend the Winkler amendment to H. F. No. 1, as amended, as follows:

 

Page 6, line 16, delete "January 31" and insert "February 7" and delete everything after "2021" and insert a period

 

Page 6, delete lines 17 and 18

 

Page 7, lines 7 and 19, delete "12.5" and insert "8.4"

 

Page 7, delete lines 21 to 23

 

Page 7, line 24, delete "(c)" and insert "(b)"

 

Page 8, line 20, delete "January 31" and insert "February 7" and delete everything after "2021" and insert a period

 

Page 8, delete lines 21 to 23

 

Page 8, line 29, delete "$13,251,000" and insert "(a) $13,279,000"

 

Page 8, after line 30, insert:

 

"(b) $12,000 in fiscal year 2021 is appropriated from the general fund to the commissioner of human services for information technology systems.  This is a onetime appropriation."

 

 

      The motion prevailed and the amendment to the amendment was adopted.

 

 

POINT OF ORDER

 

      Lucero raised a point of order pursuant to rule 3.21 that the Winkler amendment, as amended, was not in order.  The Speaker ruled the point of order not well taken and the Winkler amendment, as amended, in order.

 

 

      The question recurred on the Winkler amendment, as amended, to H. F. No. 1, as amended.  The motion prevailed and the amendment, as amended, was adopted.


Journal of the House - 3rd Day - Wednesday, October 14, 2020 - Top of Page 41

                H. F. No. 1, A bill for an act relating to public finance; authorizing spending to acquire and better public land and buildings and for other improvements of a capital nature with certain conditions; modifying prior appropriations; establishing new programs and modifying existing programs; authorizing the sale and issuance of state bonds; modifying provisions for individual and corporate franchise and other miscellaneous taxes; making other minor policy, technical, and conforming changes; authorizing transfers; appropriating money for the operations of state government; amending Minnesota Statutes 2018, sections 16A.641, by adding a subdivision; 41B.025, by adding a subdivision; 123B.53, subdivisions 1, 4; 126C.63, subdivision 8; 126C.66, subdivision 3; 126C.69, as amended; 126C.71; 134.45, subdivision 5; 137.61; 137.62, subdivision 2, by adding a subdivision; 137.63; 137.64; 272.38, subdivision 1; 273.13, subdivision 25; 290.0131, subdivision 10; 290.0133, subdivision 12; 363A.36, by adding a subdivision; 363A.44, subdivision 1; 462A.37, subdivision 1, by adding a subdivision; Minnesota Statutes 2019 Supplement, sections 16A.968, subdivision 3; 273.13, subdivision 34; 462A.37, subdivisions 2, 5; Laws 2008, chapter 179, section 18, subdivision 3, as amended; Laws 2014, chapter 294, article 1, section 7, subdivision 11, as amended; Laws 2015, First Special Session chapter 5, article 1, sections 10, subdivision 7, as amended; 13; Laws 2017, First Special Session chapter 8, article 1, sections 15, subdivisions 3, as amended, 4; 18, subdivision 3; 20, subdivision 21, as amended; Laws 2018, chapter 214, article 1, sections 2, subdivision 6; 7, subdivision 1; 16, subdivision 19; 21, subdivisions 1, 18, 26, 29; article 3, section 7, subdivision 1, as amended; Laws 2019, First Special Session chapter 11, article 6, section 7, subdivision 2, as amended; proposing coding for new law in Minnesota Statutes, chapters 16A; 116J; 240A; repealing Minnesota Statutes 2018, sections 16A.633, subdivision 4; 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 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 100 yeas and 34 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Anderson

Bahner

Baker

Becker-Finn

Bennett

Bernardy

Bierman

Boe

Brand

Cantrell

Carlson, A.

Carlson, L.

Christensen

Claflin

Considine

Davids

Davnie

Dehn

Demuth

Dettmer

Ecklund

Edelson

Elkins

Fischer

Freiberg

Gomez

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hassan

Hausman

Her

Hertaus

Hornstein

Howard

Huot

Jordan

Jurgens

Klevorn

Koegel

Kotyza-Witthuhn

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Lippert

Lislegard

Long

Mahoney

Mann

Mariani

Marquart

Masin

Moller

Moran

Morrison

Murphy

Nelson, M.

Nelson, N.

Noor

Nornes

Olson

Pelowski

Persell

Petersburg

Pierson

Pinto

Poppe

Poston

Pryor

Richardson

Robbins

Sandell

Sandstede

Sauke

Schomacker

Schultz

Stephenson

Sundin

Tabke

Torkelson

Urdahl

Vang

Wagenius

Wazlawik

West

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

      Those who voted in the negative were:

 


Albright

Backer

Bahr

Daniels

Daudt

Drazkowski

Erickson

Fabian

Franson

Garofalo

Green

Grossell

Heinrich

Heintzeman

Johnson

Kiel

Koznick

Lucero

Lueck

McDonald

Mekeland

Miller

Munson

Nash

Neu

Novotny

O'Driscoll

O'Neill

Quam

Runbeck

Scott

Swedzinski

Theis

Vogel


 

 

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


Journal of the House - 3rd Day - Wednesday, October 14, 2020 - Top of Page 42

                There being no objection, the order of business reverted to Messages from the Senate.

 

 

MESSAGES FROM THE SENATE

 

 

      The following message was received from the Senate:

 

 

Madam Speaker:

 

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

 

      S. F. No. 27.

 

Cal R. Ludeman, Secretary of the Senate

 

 

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

 

 

FIRST READING OF SENATE BILLS

 

 

S. F. No. 27, A bill for an act relating to agriculture; modifying the farm loan origination fee grant program; amending Laws 2020, chapter 101, section 5, subdivision 1.

 

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. 27 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 119 yeas and 14 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Albright

Anderson

Backer

Bahner

Baker

Becker-Finn

Bennett

Bernardy

Bierman

Boe

Brand

Cantrell

Carlson, A.

Carlson, L.

Christensen

Claflin

Considine

Daniels

Davids

Davnie

Dehn

Demuth

Dettmer

Ecklund

Edelson

Elkins

Erickson

Fabian

Fischer

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

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Lippert


Journal of the House - 3rd Day - Wednesday, October 14, 2020 - Top of Page 43

Lislegard

Long

Lueck

Mahoney

Mann

Mariani

Marquart

Masin

Moller

Moran

Morrison

Murphy

Nash

Nelson, M.

Nelson, N.

Neu

Noor

Nornes

Olson

O'Neill

Pelowski

Persell

Petersburg

Pierson

Pinto

Poppe

Poston

Pryor

Quam

Richardson

Robbins

Sandell

Sandstede

Sauke

Schomacker

Schultz

Stephenson

Sundin

Swedzinski

Tabke

Theis

Torkelson

Urdahl

Vang

Wagenius

Wazlawik

West

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

      Those who voted in the negative were:

 


Bahr

Drazkowski

Franson

Koznick

Lucero

McDonald

Mekeland

Miller

Munson

Novotny

O'Driscoll

Runbeck

Scott

Vogel


 

 

      The motion prevailed.

 

 

      S. F. No. 27 was read for the second time.

 

 

S. F. No. 27, A bill for an act relating to agriculture; modifying the farm loan origination fee grant program; amending Laws 2020, chapter 101, section 5, 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 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

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

Wazlawik

West

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

 

      The bill was passed and its title agreed to.


Journal of the House - 3rd Day - Wednesday, October 14, 2020 - Top of Page 44

MOTIONS AND RESOLUTIONS

 

 

      Murphy moved that the names of Dehn and Bernardy be added as authors on H. F. No. 1.  The motion prevailed.

 

      Becker-Finn moved that the name of Fischer be added as an author on H. F. No. 41.  The motion prevailed.

 

 

Vang; Lee; Her; Xiong, T., and Xiong, J., introduced:

 

House Resolution No. 1, A House resolution expressing the sense of the Minnesota House condemning all forms of anti-Asian sentiment related to COVID-19.

 

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

 

 

      Winkler moved that the Chief Clerk be and he is hereby authorized to correct and approve the Journal of the House, 2020 Fifth Special Session, for today, Wednesday, October 14, 2020, and that he be authorized to include in the Journal for today any subsequent proceedings.  The motion prevailed.

 

 

      Winkler moved that the Chief Clerk be and he is hereby instructed to inform the Senate and the Governor by message that the House of Representatives is about to adjourn the 2020 Fifth Special Session sine die.  The motion prevailed.

 

 

ADJOURNMENT OF THE 2020 FIFTH SPECIAL SESSION SINE DIE

 

      Winkler moved that the House adjourn sine die for the 2020 Fifth Special Session.  The motion prevailed, and the Speaker declared the House stands adjourned sine die for the 2020 Fifth Special Session.

 

 

Patrick D. Murphy, Chief Clerk, House of Representatives