Journal of the House - 1st Day - Thursday, November 12, 2020 - Top of Page 3

STATE OF MINNESOTA

 

Journal of the House

 

SIXTH SPECIAL SESSION - 2020

 

_____________________

 

FIRST DAY

 

Saint Paul, Minnesota, Thursday, November 12, 2020

 

 

In obedience to the Proclamation of the Honorable Tim Walz, Governor of the State of Minnesota, summoning the two houses of the Legislature to meet in Special Session, the members of the House of Representatives, pursuant to the Governor's Proclamation, assembled in the State Capitol in Saint Paul on Thursday, the twelfth day of November, 2020 at 12:00 noon.

 

 

PROCLAMATION FOR SIXTH SPECIAL SESSION 2020

 

Whereas, The Ninety-First Legislature adjourned its regular session on May 17, 2020; and

 

Whereas, I called the Legislature into special sessions in June, July, August, September, and October 2020, the Legislature adjourned those special sessions, and the Legislature is not currently in session; and

 

Whereas, The COVID-19 pandemic continues to threaten Minnesotans and burden our State's resources; and

 

Whereas, The Minnesota Constitution allows the Governor to call a special session of the Legislature on extraordinary occasions; and

 

Whereas, Minnesota Statutes 2020, section 12.31, subdivision 2(b), provides that, if the Governor determines a need to extend a peacetime emergency beyond 30 days and the Legislature is not sitting in session, the Governor must issue a call immediately convening both houses of the Legislature; and

 

Whereas, An extraordinary occasion, as envisioned by the Minnesota Constitution, has arisen, and it is necessary to extend the COVID-19 Peacetime Emergency originally declared on March 13, 2020.

 

Now, Therefore, I, Tim Walz, Governor of Minnesota, by the authority vested in me by Article IV, Section 12 of the Minnesota Constitution and Sections 4.03 and 12.31 of the Minnesota Statutes, summon the members of the Legislature to convene in a Sixth Special Session on Thursday, November 12, 2020 at 12:00 p.m. at the State Capitol in Saint Paul, Minnesota.

 

In Witness Whereof, I have hereunto set my hand and caused the Great Seal of the State of Minnesota to be affixed at the State Capitol on Monday, November 9, 2020.

 

 

                                                Steve Simon                                                    Tim Walz

                                                Secretary of State                                                Governor


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  At the hour of 12:00 noon and pursuant to the Proclamation of the Governor and pursuant to Minnesota Statutes 2018, Section 3.073, the Honorable Melissa Hortman, Speaker of the House, called the House of Representatives to order.

 

      Prayer was offered by the Reverend Kyle Jackson, Executive Pastor, St. Andrew's Lutheran Church, Mahtomedi, 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

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.

 

 

      Pursuant to Minnesota Statutes 2018, Section 3.073, the Speaker declared the House of Representatives organized for the 2020 Sixth Special Session.

 

 

      Winkler moved that the Chief Clerk be and is hereby instructed to inform the Senate and the Governor by message that the House of Representatives is now duly organized pursuant to law for this Sixth Special Session.  The motion prevailed. 

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:


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Noor; Winkler; Gomez; Davnie; Hassan; Dehn; Moran; Lee; Xiong, J., and Mahoney introduced:

 

H. F. No. 1, A bill for an act relating to state government; establishing the PROMISE Act; creating a community repair panel to consider claims and determine awards; classifying certain data; creating redevelopment and relief programs; establishing a Metropolitan Area Redevelopment Corporation; imposing a sales and use tax; requiring insurance claims assistance; regulating certain leases; authorizing limited use of eminent domain; exempting certain items from sales and use tax; requiring property tax abatement for certain properties; establishing the Civil Unrest Investigatory Commission; appropriating money; amending Minnesota Statutes 2020, sections 297A.71, by adding a subdivision; 297A.75, subdivisions 1, 2; proposing coding for new law as Minnesota Statutes, chapter 473K.

 

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

 

 

Richardson introduced:

 

H. F. No. 2, A bill for an act relating to health insurance; codifying certain provisions of the Affordable Care Act; amending Minnesota Statutes 2020, sections 62A.04, subdivision 2; 62A.10, by adding a subdivision; 62A.65, by adding a subdivision; 62D.095, subdivisions 2, 3, 4, 5; 62Q.01, subdivision 2a; 62Q.46; 62Q.677, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 363A.

 

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

 

 

Ecklund introduced:

 

H. F. No. 3, A bill for an act relating to crime; providing guidance to courts on sentencing veterans for criminal offenses related to a service-related disorder; proposing coding for new law in Minnesota Statutes, chapter 609.

 

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

 

 

Davnie introduced:

 

H. F. No. 4, A bill for an act relating to education finance; authorizing the use of the prior year's pupil count for the 2020-2021 school year to reflect COVID-19 changes in enrollment; appropriating money; amending Minnesota Statutes 2020, section 126C.05, subdivision 5; Laws 2019, First Special Session chapter 11, article 1, section 25, subdivision 2, as amended.

 

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

 

 

Winkler and Liebling introduced:

 

H. F. No. 5, A bill for an act relating to employment; providing emergency paid sick leave to health care employees excluded from the federal Families First Coronavirus Response Act.

 

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

 

 

Winkler, Huot, Davnie and Youakim introduced:

 

H. F. No. 6, A bill for an act relating to workers' compensation; providing a presumption for education employees.

 

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


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Morrison introduced:

 

H. F. No. 7, A bill for an act relating to human services; exempting women from MinnesotaCare premiums; requiring commissioner of human services to provide recommendations on ensuring continuous health coverage for women transitioning from medical assistance postpartum coverage; amending Minnesota Statutes 2020, section 256L.15, subdivision 2.

 

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

 

 

Sandstede introduced:

 

H. F. No. 8, A bill for an act relating to unemployment insurance; authorizing additional unemployment insurance benefits for certain mining employees.

 

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

 

 

Morrison introduced:

 

H. F. No. 9, A bill for an act relating to health occupations; creating a psychology interjurisdictional compact; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 148.

 

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

 

 

Sandstede introduced:

 

H. F. No. 10, A bill for an act relating to state government; requiring equitable geographic distribution of state employee layoffs; amending Minnesota Statutes 2020, section 43A.046.

 

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

 

 

Hansen introduced:

 

H. F. No. 11, A bill for an act relating to environment; modifying previous appropriation from environment and natural resources trust fund; amending Laws 2018, chapter 214, article 4, section 2, subdivision 9.

 

The bill was read for the first time and referred to the Environment and Natural Resources Finance Division.

 

 

Becker-Finn introduced:

 

H. F. No. 12, A bill for an act relating to game and fish; modifying muzzleloader provisions; amending Minnesota Statutes 2020, sections 97A.015, subdivision 51; 97B.031, subdivision 1.

 

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


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Klevorn introduced:

 

H. F. No. 13, A bill for an act relating to health; modifying electronic monitoring requirements; modifying Board of Executives for Long-Term Service and Supports fees; establishing private enforcement of certain rights; establishing a private cause of action for retaliation in certain long-term care settings; modifying infection control requirements in certain long-term care settings; modifying hospice and assisted living bills of rights; establishing consumer protections for clients receiving assisted living services; prohibiting termination of assisted living services during a peacetime emergency; establishing procedures for transfer of clients receiving certain long-term care services during a peacetime emergency; requiring the commissioner of health to establish a state plan to control SARS-CoV-2 infections in certain long-term care settings; establishing the Long-Term Care COVID-19 Task Force; changing provisions for nursing homes, home care, and assisted living; requiring a report; appropriating money; amending Minnesota Statutes 2020, sections 144.56, by adding subdivisions; 144.6502, subdivision 3, by adding a subdivision; 144.6512, by adding subdivisions; 144.652, by adding a subdivision; 144A.04, by adding subdivisions; 144A.291, subdivision 2; 144A.4798, subdivision 3, by adding subdivisions; 144A.751, subdivision 1; 144G.03, by adding subdivisions; 144G.07, by adding subdivisions; 144G.08, subdivisions 7, 9, 23, by adding a subdivision; 144G.09, subdivision 3; 144G.10, subdivision 1, by adding a subdivision; 144G.42, subdivision 9, by adding subdivisions; 144G.45, subdivisions 2, 5; 144G.91, by adding a subdivision; 144G.92, subdivision 5, by adding a subdivision; Laws 2019, chapter 60, article 1, section 46; article 5, section 2; proposing coding for new law in Minnesota Statutes, chapters 144A; 144G.

 

The bill was read for the first time and referred to the Long-Term Care Division.

 

 

Kresha introduced:

 

H. F. No. 14, A bill for an act relating to taxation; sales and use; allowing the Minnesota State High School League to reduce the transfer of sales tax savings only if the league does not raise membership fees and admission prices; amending Laws 2020, Fifth Special Session chapter 3, article 8, section 5.

 

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

 

 

Kresha introduced:

 

H. F. No. 15, A bill for an act relating to education; authorizing school boards to establish and operate a safe learning plan for the 2020-2021 school year; establishing a parent-based distance learning program for the 2020‑2021 school year; modifying the school calendar for the 2020-2021 school year; extending school district fund transfer flexibility; defining distance learning; requiring a report; amending Minnesota Statutes 2020, section 126C.05, subdivision 1; Laws 2020, chapter 116, article 3, section 8; proposing coding for new law in Minnesota Statutes, chapter 120A.

 

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

 

 

Erickson introduced:

 

H. F. No. 16, A bill for an act relating to education; requiring individualized education programs for the 2020‑2021 school year.

 

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


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Erickson introduced:

 

H. F. No. 17, A bill for an act relating to education; modifying teacher licensing, hiring, and dismissal; amending Minnesota Statutes 2020, sections 122A.181, subdivisions 1, 3; 122A.40, subdivision 3; 122A.41, by adding a subdivision.

 

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

 

 

Erickson introduced:

 

H. F. No. 18, A bill for an act relating to education; employment of short-call substitute teachers.

 

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

 

 

Haley, Baker and Daudt introduced:

 

H. F. No. 19, A bill for an act relating to state government; permitting the legislature to terminate any order or rule promulgated by the governor directing a response to a peacetime emergency if the emergency is continued for more than 30 days; amending Minnesota Statutes 2020, sections 12.31, subdivision 2; 12.32.

 

The bill was read for the first time.

 

 

MOTION TO DECLARE URGENCY

 

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

 

 

      A roll call was requested and properly seconded.

 

 

      Lien was excused between the hours of 1:00 p.m. and 2:00 p.m.

 

 

      The question was taken on the Haley motion and the roll was called.  There were 60 yeas and 73 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

Lislegard

Lueck

Marquart

McDonald

Mekeland

Miller

Nash

Nelson, N.

Neu

Nornes

Novotny

O'Driscoll

O'Neill

Pelowski

Petersburg

Pierson

Poston

Quam

Robbins

Runbeck

Sandstede

Schomacker

Scott

Sundin

Swedzinski

Theis

Torkelson

Urdahl

Vogel

West


 


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  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

Long

Mahoney

Mann

Mariani

Masin

Moller

Moran

Morrison

Munson

Murphy

Nelson, M.

Noor

Olson

Persell

Pinto

Poppe

Pryor

Richardson

Sandell

Sauke

Schultz

Stephenson

Tabke

Vang

Wagenius

Wazlawik

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

 

      The motion did not prevail.

 

 

      H. F. No. 19 was referred to the Committee on Government Operations.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS, Continued

 

 

      The following House Files were introduced:

 

 

Swedzinski introduced:

 

H. F. No. 20, A bill for an act relating to energy; establishing setbacks for certain solar energy generating systems; amending Minnesota Statutes 2020, section 216E.01, subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 216E.

 

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

 

 

Drazkowski, Bahr, Miller and Munson introduced:

 

H. F. No. 21, A bill for an act relating to elections; requiring voters to provide picture identification before receiving a ballot; providing for the issuance of voter identification cards at no charge; requiring certain notice; establishing a procedure for provisional balloting; amending Minnesota Statutes 2020, sections 171.07, subdivisions 4, 9, by adding a subdivision; 201.061, subdivision 3; 201.12, subdivision 1; 201.221, subdivision 3; 204C.10; 204C.12, subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 200; 201; 204C.

 

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

 

 

Drazkowski, Bahr, Miller and Munson introduced:

 

H. F. No. 22, A bill for an act relating to elections; establishing a procedure for provisional balloting; amending Minnesota Statutes 2020, sections 204C.10; 204C.12, subdivision 3; 204C.14, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 204C.

 

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


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MESSAGES FROM THE SENATE

 

 

      The following messages were received from the Senate:

 

 

Madam Speaker:

 

This is to notify you that the Senate is now duly organized for the 2020 Sixth Special Session pursuant to the Minnesota Constitution and Minnesota Statutes.

 

Cal R. Ludeman, Secretary of the Senate

 

 

Madam Speaker:

 

I have the honor to announce that the Senate of the State of Minnesota is now duly organized pursuant to law with the election of the following officer:

 

David J. Tomassoni, President

 

Cal R. Ludeman, Secretary of the Senate

 

 

Madam Speaker:

 

This is to notify you that the Senate is about to adjourn the Sixth Special Session sine die.

 

Cal R. Ludeman, Secretary of the Senate

 

 

MOTIONS AND RESOLUTIONS

 

 

      Kresha moved that the name of Erickson be added as an author on H. F. No. 14.  The motion prevailed.

 

      Kresha moved that the name of Erickson be added as an author on H. F. No. 15.  The motion prevailed.

 

 

      Daudt introduced:

 

House Concurrent Resolution No. 1, A House concurrent resolution relating to Minnesota's peacetime emergency; terminating the peacetime emergency pursuant to the authority granted under Minnesota Statutes, section 12.31, subdivision 2, paragraph (b).

 

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

 

 

      Drazkowski, Bahr, Miller and Munson and introduced:

 

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

 

 

MOTION TO SUSPEND RULES

 

      Drazkowski moved that the rules be so far suspended so that House Concurrent Resolution No. 2 be now considered and be placed upon its adoption.  The motion did not prevail.

 

 

      House Concurrent Resolution No. 2 was referred to the Committee on Rules and Legislative Administration.


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                Winkler moved that the Chief Clerk be and he is hereby authorized to correct and approve the Journal of the House, 2020 Sixth Special Session, for today, Thursday, November 12, 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 Sixth Special Session sine die.  The motion prevailed.

 

 

IN MEMORIAM

 

      The members of the House of Representatives paused for a moment of silence in memory of former Representative John J. Bernhagen of Hutchinson, Minnesota who served from 1969 to 1972, who passed away on Saturday, September 26, 2020.

 

 

ADJOURNMENT OF THE 2020 SIXTH SPECIAL SESSION SINE DIE

 

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

 

 

Patrick D. Murphy, Chief Clerk, House of Representatives

 


 


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