Journal of the House - 23rd Day - Wednesday, March 10, 2021 - Top of Page 919

STATE OF MINNESOTA

 

Journal of the House

 

NINETY-SECOND SESSION - 2021

 

_____________________

 

TWENTY-THIRD DAY

 

Saint Paul, Minnesota, Wednesday, March 10, 2021

 

 

      The House of Representatives convened at 12:15 p.m. and was called to order by Dan Wolgamott, Speaker pro tempore.

 

      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 Speaker assumed the Chair.

 

      The roll was called and the following members were present:

 


Acomb

Agbaje

Akland

Albright

Anderson

Backer

Bahner

Bahr

Baker

Becker-Finn

Bennett

Berg

Bernardy

Bierman

Bliss

Boe

Boldon

Burkel

Carlson

Christensen

Daniels

Daudt

Davids

Davnie

Demuth

Dettmer

Drazkowski

Ecklund

Edelson

Elkins

Erickson

Feist

Fischer

Franke

Franson

Frazier

Frederick

Freiberg

Garofalo

Gomez

Green

Greenman

Gruenhagen

Haley

Hamilton

Hansen, R.

Hanson, J.

Hassan

Hausman

Heinrich

Heintzeman

Her

Hertaus

Hollins

Hornstein

Howard

Huot

Igo

Johnson

Jordan

Keeler

Kiel

Klevorn

Koegel

Kotyza-Witthuhn

Koznick

Kresha

Lee

Liebling

Lillie

Lippert

Lislegard

Long

Lucero

Lueck

Mariani

Marquart

Masin

McDonald

Mekeland

Miller

Moller

Moran

Morrison

Mortensen

Mueller

Munson

Murphy

Nash

Nelson, M.

Nelson, N.

Neu Brindley

Noor

Novotny

O'Driscoll

Olson, B.

Olson, L.

O'Neill

Pelowski

Petersburg

Pfarr

Pierson

Pinto

Poston

Pryor

Quam

Raleigh

Rasmusson

Reyer

Richardson

Robbins

Sandell

Sandstede

Schomacker

Schultz

Scott

Stephenson

Sundin

Swedzinski

Theis

Thompson

Torkelson

Urdahl

Vang

Wazlawik

West

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

      A quorum was present.

 

      Grossell was excused.

 

      Jurgens was excused until 12:45 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.


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REPORTS OF CHIEF CLERK

 

      S. F. No. 395 and H. F. No. 113, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

      Moller moved that S. F. No. 395 be substituted for H. F. No. 113 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 440 and H. F. No. 418, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

      Hollins moved that S. F. No. 440 be substituted for H. F. No. 418 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 1354 and H. F. No. 445, which had been referred to the Chief Clerk for comparison, were examined and found to be not identical.

 

      Mariani moved that S. F. No. 1354 be substituted for H. F. No. 445 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Noor from the Committee on Workforce and Business Development Finance and Policy to which was referred:

 

H. F. No. 6, 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.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

PROMISE ACT

 

Section 1.  TITLE.

 

This act may be cited as the "Providing Resources, Opportunity, and Maximizing Investments in Striving Entrepreneurs (PROMISE) Act."


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ARTICLE 2

REBUILDING GENERAL DEVELOPMENT PROGRAMS

 

Section 1.  CIVIL UNREST IMMEDIATE RELIEF PROGRAM.

 

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

 

(b) "Commissioner" means the commissioner of employment and economic development.

 

(c) "Eligible organization" means a federally certified community development financial institution or a nonprofit with experience working with businesses.

 

(d) "Entity" includes any registered business or nonprofit organization.  This includes businesses, cooperatives, utilities, industrial, commercial, retail, and nonprofit organizations.

 

Subd. 2.  Establishment.  The commissioner shall establish a program to make grants to eligible organizations to develop and implement local economic relief programs designed with the primary goal of assisting areas adversely affected by civil unrest during the peacetime emergency declared in governor's Executive Order No. 20-64 by preserving incumbent entities and encouraging new entities to locate in those areas.  To this end, local programs should include outreach to cultural communities, support for microenterprises, and preferences for entities that were already under stress from the COVID-19 peacetime emergency.

 

Subd. 3.  Available relief.  (a) The local programs established by eligible organizations under this section may include grants or loans as provided in this section, as well as subgrants to local nonprofits to further the goals of the program.  Prior to awarding a grant to an eligible organization for a local program under this section:

 

(1) the eligible organization must develop criteria, procedures, and requirements for:

 

(i) determining eligibility for assistance;

 

(ii) the duration, terms, underwriting and security requirements, and repayment requirements for loans;

 

(iii) evaluating applications for assistance;

 

(iv) awarding assistance; and

 

(v) administering the grant and loan programs authorized under this section, including any subgrants to local nonprofits;

 

(2) the eligible organization must submit its criteria, procedures, and requirements developed pursuant to clause (1) to the commissioner of employment and economic development for review; and

 

(3) the commissioner must approve the criteria, procedures, and requirements as developed pursuant to clause (1) to be used by an eligible organization in determining eligibility for assistance, evaluating, awarding, and administering a grant and loan program.

 

(b) The relief authorized under this section includes:

 

(1) grants to entities.  These grants are not to exceed $250,000 per entity, must specify that an entity receiving a grant must remain in the local community a minimum of three years after the date of the grant, and must require submission of a plan for continued operation.  Grants may be awarded to applicants only when an eligible organization determines that a loan is not appropriate to address the needs of the applicant; and


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(2) loans to entities, with or without interest, and deferred or forgivable loans.  The maximum loan amount under this subdivision is $500,000 per entity.  The lending criteria adopted by an eligible organization for loans under this subdivision must:

 

(i) specify that an entity receiving a deferred or forgivable loan must remain in the local community a minimum of three years after the date of the loan.  The maximum loan deferral period must not exceed three years from the date the loan is approved; and

 

(ii) require submission of a plan for continued operation.  The plan must document the probable success of the applicant's plan and probable success in repaying the loan according to the terms established for the loan program.

 

(c) All loan repayment funds under this subdivision must be paid to the commissioner of employment and economic development for deposit in the general fund.

 

Subd. 4.  Monitoring and reporting.  (a) Participating eligible organizations must establish performance measures that include but are not limited to the following components:

 

(1) the number of loans approved and the amounts and terms of the loans;

 

(2) the number of grants awarded, award amounts, and the reason that a grant award was made in lieu of a loan;

 

(3) the loan default rate;

 

(4) the number of jobs created or retained as a result of the assistance, including information on the wages and benefit levels, the status of the jobs as full-time or part-time, and the status of the jobs as temporary or permanent; and

 

(5) the amount of business activity and changes in gross revenues of the grant or loan recipient as a result of the assistance.

 

(b) The commissioner of employment and economic development must monitor the participating eligible organizations' compliance with this section and the performance measures developed under paragraph (a).

 

(c) Participating eligible organizations must comply with all requests made by the commissioner under this section and are responsible for the reporting and compliance of any subgrantees.

 

(d) By December 15 of each year the program is in existence, participating eligible organizations must report their performance measures to the commissioner.  By January 15 of each year the program is in existence, after the first, the commissioner must submit a report of these performance measures to the chairs and ranking minority members of the committees of the house of representatives and the senate having jurisdiction over economic development that details the use of funds under this section.

 

Subd. 5.  Exemptions.  (a) Minnesota Statutes, sections 116J.993 to 116J.995, do not apply to assistance under this section.  Entities in receipt of assistance under this section must provide for job creation and retention goals and wage and benefit goals.

 

(b) Minnesota Statutes, sections 16A.15, 16B.97, 16B.98, 16B.991, 16C.05, and 16C.053, do not apply to assistance under this section.

 

Subd. 6.  Administrative costs.  The commissioner of employment and economic development may use up to seven percent of the appropriation made for this section for administrative expenses of the department or for assisting participating eligible organizations with their administrative expenses.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and expires the day after the last loan is repaid or forgiven as provided under this section.


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Sec. 2.  APPROPRIATIONS; CIVIL UNREST IMMEDIATE RELIEF PROGRAM.

 

$267,570,000 in fiscal year 2021 is appropriated from the general fund to the commissioner of employment and economic development for the civil unrest immediate relief program.  Of this onetime appropriation, which is available until December 31, 2021:

 

(1) at least $20,000,000 is for grants to nonprofits with experience working with businesses to acquire and hold property within the city of Minneapolis in areas adversely affected by the civil unrest during the peacetime emergency declared in governor's Executive Order No. 20-64, to prevent displacement, retain existing businesses, and maintain the character of the community.  Such activities must involve ongoing consultation with groups of local residents;

 

(2) at least $10,000,000 is for grants to nonprofits with experience working with businesses to acquire and hold property within the city of St. Paul in areas adversely affected by the civil unrest during the peacetime emergency declared in governor's Executive Order No. 20-64, to prevent displacement, retain existing businesses, and maintain the character of the community.  Such activities must involve ongoing consultation with groups of local residents; and

 

(3) at least $5,000,000 is for grants to nonprofits with experience working with businesses to acquire and hold property in areas outside of the cities of Minneapolis and St. Paul that were adversely affected by civil unrest during the peacetime emergency declared in governor's Executive Order No. 20-64, to prevent displacement, retain existing businesses, and maintain the character of the community.  These activities must involve ongoing consultation with groups of local residents.

 

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

 

ARTICLE 3

TAX PROVISIONS FOR AFFECTED PROPERTIES

 

Section 1.  Minnesota Statutes 2020, section 297A.71, is amended by adding a subdivision to read:

 

Subd. 53.  Properties destroyed or damaged during protests and unrest in May and June of 2020.  (a) The sale and purchase of the following items are exempt if the items are used to repair, replace, clean, or otherwise recover from real and personal property damage and destruction after May 24, 2020, and before June 16, 2020, resulting from protests and unrest in the cities included in the peacetime emergency declared in the governor's Executive Order No. 20-64:

 

(1) building materials and supplies used or consumed in, and equipment incorporated into, the construction, replacement, or repair of real property;

 

(2) capital equipment, including retail fixtures, office equipment, and restaurant equipment, with a cost of $5,000 or more and a useful life of more than one year; and

 

(3) building cleaning and disinfecting services related to mitigating smoke damage and graffiti on and in impacted buildings.

 

(b) The exemption in this subdivision only applies to materials, supplies, and services purchased to repair, replace, or clean buildings owned by a government entity or by a private owner provided the building housed one or more of the following entities at the time of the damage or destruction:

 

(1) a commercial establishment with annual gross income of $30,000,000 or less in calendar year 2019;

 

(2) a nonprofit organization; or


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(3) a low-income housing development that meets the certification requirements under section 273.128, whether or not the development was occupied at the time of its damage or destruction.

 

(c) The tax must be imposed and collected as if the rate under section 297A.62, subdivision 1, applied and then refunded in the manner provided in section 297A.75.  The exemption under paragraph (a) applies to sales and purchases made after May 25, 2020, and before December 1, 2022.

 

(d) Both the owner and occupants of the real property at the time of the damage or destruction may apply for a refund under this subdivision but may only request a refund for the goods and services they paid for, or were contracted and paid for on their behalf.  The exemption does not apply to purchases of an owner if the owner did not own the real property at the time of the damage or destruction.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and applies retroactively to sales and purchases made after May 25, 2020.

 

Sec. 2.  Minnesota Statutes 2020, section 297A.75, subdivision 1, is amended to read:

 

Subdivision 1.  Tax collected.  The tax on the gross receipts from the sale of the following exempt items must be imposed and collected as if the sale were taxable and the rate under section 297A.62, subdivision 1, applied.  The exempt items include:

 

(1) building materials for an agricultural processing facility exempt under section 297A.71, subdivision 13;

 

(2) building materials for mineral production facilities exempt under section 297A.71, subdivision 14;

 

(3) building materials for correctional facilities under section 297A.71, subdivision 3;

 

(4) building materials used in a residence for veterans with a disability exempt under section 297A.71, subdivision 11;

 

(5) elevators and building materials exempt under section 297A.71, subdivision 12;

 

(6) materials and supplies for qualified low-income housing under section 297A.71, subdivision 23;

 

(7) materials, supplies, and equipment for municipal electric utility facilities under section 297A.71, subdivision 35;

 

(8) equipment and materials used for the generation, transmission, and distribution of electrical energy and an aerial camera package exempt under section 297A.68, subdivision 37;

 

(9) commuter rail vehicle and repair parts under section 297A.70, subdivision 3, paragraph (a), clause (10);

 

(10) materials, supplies, and equipment for construction or improvement of projects and facilities under section 297A.71, subdivision 40;

 

(11) materials, supplies, and equipment for construction, improvement, or expansion of

 

a biopharmaceutical manufacturing facility exempt under section 297A.71, subdivision 45;

 

(12) enterprise information technology equipment and computer software for use in a qualified data center exempt under section 297A.68, subdivision 42;


Journal of the House - 23rd Day - Wednesday, March 10, 2021 - Top of Page 925

(13) materials, supplies, and equipment for qualifying capital projects under section 297A.71, subdivision 44, paragraph (a), clause (1), and paragraph (b);

 

(14) items purchased for use in providing critical access dental services exempt under section 297A.70, subdivision 7, paragraph (c);

 

(15) items and services purchased under a business subsidy agreement for use or consumption primarily in greater Minnesota exempt under section 297A.68, subdivision 44;

 

(16) building materials, equipment, and supplies for constructing or replacing real property exempt under section 297A.71, subdivisions 49; 50, paragraph (b); and 51; and

 

(17) building materials, equipment, and supplies for qualifying capital projects under section 297A.71, subdivision 52.; and

 

(18) building materials, equipment, supplies, and capital equipment for constructing or replacing real property, and cleaning and disinfecting services for impacted property exempt under section 297A.71, subdivision 53.

 

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

 

Sec. 3.  Minnesota Statutes 2020, section 297A.75, subdivision 2, is amended to read:

 

Subd. 2.  Refund; eligible persons.  Upon application on forms prescribed by the commissioner, a refund equal to the tax paid on the gross receipts of the exempt items must be paid to the applicant.  Only the following persons may apply for the refund:

 

(1) for subdivision 1, clauses (1), (2), and (14), the applicant must be the purchaser;

 

(2) for subdivision 1, clause (3), the applicant must be the governmental subdivision;

 

(3) for subdivision 1, clause (4), the applicant must be the recipient of the benefits provided in United States Code, title 38, chapter 21;

 

(4) for subdivision 1, clause (5), the applicant must be the owner of the homestead property;

 

(5) for subdivision 1, clause (6), the owner of the qualified low-income housing project;

 

(6) for subdivision 1, clause (7), the applicant must be a municipal electric utility or a joint venture of municipal electric utilities;

 

(7) for subdivision 1, clauses (8), (11), (12), and (15), the owner of the qualifying business;

 

(8) for subdivision 1, clauses (9), (10), (13), and (17), the applicant must be the governmental entity that owns or contracts for the project or facility; and

 

(9) for subdivision 1, clause (16), the applicant must be the owner or developer of the building or project.; and

 

(10) for subdivision 1, clause (18), the applicant must be an owner or occupant of the real property at the time of its damage or destruction.

 

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


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Sec. 4.  PROPERTY TAX RELIEF FOR PROPERTIES DAMAGED BY FIRE OR VANDALISM.

 

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

 

(b) "Damage amount" means the difference between (1) a property's estimated market value as determined on January 2, 2020, and (2) the property's estimated market value as determined under subdivision 4.

 

(c) "Qualifying property" means a property that:

 

(1) is located in the area included in the peacetime emergency declared in the governor's Executive Order No. 20-64;

 

(2) was damaged or destroyed due to the unrest in the cities of Minneapolis and St. Paul and surrounding communities after May 24, 2020, and before June 16, 2020;

 

(3) has a damage amount equal to at least 25 percent of the property's estimated market value, excluding the value of the land, as determined on January 2, 2020; and

 

(4) has not received abatements or credits under Minnesota Statutes, sections 273.1231 to 273.1235, for a disaster or emergency that occurred in 2020.

 

(d) "Utility property" means property appraised and classified for tax purposes by order of the commissioner of revenue under Minnesota Statutes, sections 273.33 to 273.3711.

 

Subd. 2.  Application.  The owner of a property that is not a utility property must apply to the county board and county or local assessor by ......, in a manner prescribed by the assessor, in order to be eligible for an abatement under subdivision 3.  The owner of a utility property must apply to the commissioner of revenue by ......, in a manner prescribed by the commissioner, in order to be eligible for an abatement under subdivision 3.

 

Subd. 3.  Abatements.  (a) Notwithstanding Minnesota Statutes, sections 270C.86 and 375.192, the county board and commissioner of revenue must grant abatements in the amounts provided in paragraphs (b) and (c) for qualifying properties that submitted an application under subdivision 2.

 

(b) For a qualifying property with a damage amount equal to less than 50 percent of the property's estimated market value, excluding the value of the land, as determined on January 2, 2020, the abatement amount is equal to 50 percent of the net property tax due on the property in 2020.

 

(c) For a qualifying property with a damage amount equal to at least 50 percent of the property's estimated market value, excluding the value of the land, as determined on January 2, 2020, the abatement amount is equal to 100 percent of the net property tax due on the property in 2020.

 

(d) If application is made after payment of all or a portion of the taxes being abated, the portion of the abatement already paid must be refunded to the taxpayer by the county treasurer as soon as practicable.

 

Subd. 4.  Reassessments required.  For the purposes of this section, the county or local assessor must reassess all damaged property for which an application is submitted under subdivision 2, except that the commissioner of revenue must reassess all utility property for which an application is submitted under subdivision 2.

 

Subd. 5.  Valuation increase prohibited.  (a) The estimated market value for qualifying properties that receive an abatement under subdivision 3 must not exceed the property's estimated market value as determined under subdivision 4 until assessment year 2025, provided that the property retains the same ownership it had as of May 25, 2020.


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(b) Owners of property meeting the requirements of this subdivision must submit any information the county or local assessor or commissioner of revenue deems necessary to determine continued eligibility under this subdivision by December 15 of each year prior to the assessment year for which the property qualifies under paragraph (a).

 

Subd. 6.  Reimbursement and appropriation.  (a) The county auditor must certify the abatements granted under this section to the commissioner of revenue for reimbursement to each taxing jurisdiction in which qualifying property is located.  The commissioner must make the payments to the taxing jurisdictions containing qualifying property, other than school districts and the state, at the time distributions are made under Minnesota Statutes, section 473H.10, subdivision 3.  Reimbursements to school districts must be made as provided in Minnesota Statutes, section 273.1392.  No reimbursement is to be paid to the state treasury.

 

(b) An amount necessary to make payments required by this section is appropriated to the commissioner of revenue from the general fund in fiscal year 2021.

 

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

 

Delete the title and insert:

 

"A bill for an act relating to state government; establishing the PROMISE Act; establishing a grant and loan program for businesses affected by civil unrest; exempting certain items from sales and use tax; requiring property tax abatement for certain properties; appropriating money; amending Minnesota Statutes 2020, sections 297A.71, by adding a subdivision; 297A.75, subdivisions 1, 2."

 

 

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

 

      The report was adopted.

 

 

Becker-Finn from the Committee on Judiciary Finance and Civil Law to which was referred:

 

H. F. No. 7, A bill for an act relating to employment; providing for earned sick and safe time; appropriating money; authorizing rulemaking; imposing civil penalties; requiring reports; amending Minnesota Statutes 2020, sections 177.27, subdivisions 2, 4, 7; 181.942, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 177; 181; repealing Minnesota Statutes 2020, section 181.9413.

 

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

 

      The report was adopted.

 

 

Liebling from the Committee on Health Finance and Policy to which was referred:

 

H. F. No. 58, A bill for an act relating to health; requiring manufacturers to report and maintain prescription drug prices; requiring the filing of health plan prescription drug formularies; health care coverage; establishing requirements for a prescription benefit tool; requiring prescription drug benefit transparency and disclosure; amending Minnesota Statutes 2020, sections 62A.02, subdivision 1; 62J.497, subdivisions 1, 3; 62J.84, subdivisions 2, 6, 7, 8, 9; 151.071, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 62J; 62Q.

 

Reported the same back with the following amendments:

 

Page 2, line 23, before the period, insert ", but does not include an entity required to be licensed under that section solely because the entity repackages or relabels drugs"


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Page 5, delete lines 19 to 22

 

Page 5, line 23, delete "(c)" and insert "(b)"

 

Page 5, delete lines 25 to 27

 

Page 5, line 28, delete "(e)" and insert "(c)"

 

Page 5, line 30, delete "(f)" and insert "(d)"

 

Page 6, line 1, delete "(g)" and insert "(e)"

 

Page 6, line 2, delete "January 30" and insert "March 31" and delete "January 30" and insert "March 31"

 

Page 6, delete lines 11 to 12

 

Renumber the clauses in sequence

 

Page 6, lines 27 and 28, delete "April" and insert "May"

 

Page 16, line 20, delete "2022" and insert "2023"

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on State Government Finance and Elections.

 

      The report was adopted.

 

 

Hausman from the Committee on Housing Finance and Policy to which was referred:

 

H. F. No. 203, A bill for an act relating to housing; refunding deposits to bond issuers on applications for bonding authority allocations from the 2020 housing pool.

 

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

 

      The report was adopted.

 

 

Noor from the Committee on Workforce and Business Development Finance and Policy to which was referred:

 

H. F. No. 260, A bill for an act relating to human services; establishing the retaining early educators through attaining incentives now grant program; modifying certain early educator incentive programs; requiring reports; appropriating money; amending Minnesota Statutes 2020, section 136A.128, subdivisions 2, 4; proposing coding for new law in Minnesota Statutes, chapter 119B.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Early Childhood Finance and Policy.

 

      The report was adopted.


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Moran from the Committee on Ways and Means to which was referred:

 

H. F. No. 269, A bill for an act relating to health occupations; creating a psychology interjurisdictional compact; proposing coding for new law in Minnesota Statutes, chapter 148.

 

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

 

      The report was adopted.

 

 

Becker-Finn from the Committee on Judiciary Finance and Civil Law to which was referred:

 

H. F. No. 306, A bill for an act relating to public safety; authorizing the reduction or waiver of the criminal and traffic surcharge in certain instances; requiring courts to consider indigency or hardship before imposing certain fines, fees, or surcharges; requiring notice; amending Minnesota Statutes 2020, sections 169.99, subdivision 1c, by adding a subdivision; 357.021, subdivision 6; 609.101, subdivision 5.

 

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

 

      The report was adopted.

 

 

Liebling from the Committee on Health Finance and Policy to which was referred:

 

H. F. No. 447, A bill for an act relating to health insurance; requiring no-cost diagnostic services and testing following a mammogram; amending Minnesota Statutes 2020, section 62A.30, by adding a subdivision.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on State Government Finance and Elections.

 

      The report was adopted.

 

 

Moran from the Committee on Ways and Means to which was referred:

 

H. F. No. 537, A bill for an act relating to transportation; designating a segment of marked Trunk Highway 310 in Roseau County as Deputy Richard K. Magnuson Memorial Highway; amending Minnesota Statutes 2020, section 161.14, by adding a subdivision.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 614, A bill for an act relating to public safety; setting the maximum term of incarceration for a gross misdemeanor at 364 days; amending Minnesota Statutes 2020, section 609.03; proposing coding for new law in Minnesota Statutes, chapter 609.

 

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

 

      The report was adopted.


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Hansen, R., from the Committee on Environment and Natural Resources Finance and Policy to which was referred:

 

H. F. No. 644, A bill for an act relating to state government; providing for disposition of certain money recovered from litigation or settlement of environmental permit violations; amending Minnesota Statutes 2020, section 16A.151, subdivision 2.

 

Reported the same back with the following amendments:

 

Page 2, line 26, delete "commissioner of health and the" and insert "applicable"

 

Page 2, delete line 29 and insert "The commissioner of the Minnesota Pollution Control Agency must collect the money and transfer it to the applicable"

 

Page 2, line 30, delete everything before "community"

 

Page 2, line 31, delete "population" and insert "residents"

 

Page 2, line 32, delete "population's" and insert "residents'"

 

Page 2, line 33, delete "that population" and insert "the residents"

 

Page 2, line 35, delete everything after the period and insert "The community health board may recover the reasonable costs it incurs to administer the provisions of this paragraph from the funds transferred to it under this paragraph."

 

Page 3, line 1, delete everything before "This"

 

Page 3, line 2, delete "is for the distribution" and insert "directs the transfer and use"

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Health Finance and Policy.

 

      The report was adopted.

 

 

Moran from the Committee on Ways and Means to which was referred:

 

H. F. No. 749, A bill for an act relating to transportation; designating a segment of marked Trunk Highway 11 in Roseau County as Patrol Inspector Robert H. Lobdell Memorial Highway; amending Minnesota Statutes 2020, section 161.14, by adding a subdivision.

 

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

 

      The report was adopted.


Journal of the House - 23rd Day - Wednesday, March 10, 2021 - Top of Page 931

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

 

H. F. No. 809, A bill for an act relating to public safety; making technical change to identity theft crime; amending Minnesota Statutes 2020, section 609.527, subdivision 3.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 901, A bill for an act relating to public safety; establishing prosecutor-initiated sentence adjustments; proposing coding for new law in Minnesota Statutes, chapter 609.

 

Reported the same back with the following amendments:

 

Page 1, after line 4, insert:

 

"Section 1.  Minnesota Statutes 2020, section 244.09, is amended by adding a subdivision to read:

 

Subd. 15.  Report on sentencing adjustments.  The Sentencing Guidelines Commission shall include in its annual report to the legislature a summary and analysis of sentence adjustments issued under section 609.133.  At a minimum, the summary and analysis must include information on the counties where a sentencing adjustment was granted and on the race, sex, and age of individuals who received a sentence adjustment."

 

Page 4, line 28, after the period, insert "If the court grants a sentence adjustment, it shall cause a sentencing worksheet as provided in section 609.115, subdivision 1, to be completed and forwarded to the Sentencing Guidelines Commission.  The sentencing worksheet shall clearly indicate that it is for a sentence adjustment."

 

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 2, after the second semicolon, insert "reporting on sentencing;"

 

Correct the title numbers accordingly

 

 

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

 

      The report was adopted.

 

 

Davnie from the Committee on Education Finance to which was referred:

 

H. F. No. 945, A bill for an act relating to education; modifying third-party reimbursement for social work services for special education; amending Minnesota Statutes 2020, section 256B.0625, subdivision 26.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Human Services Finance and Policy.

 

      The report was adopted.


Journal of the House - 23rd Day - Wednesday, March 10, 2021 - Top of Page 932

Ecklund from the Committee on Labor, Industry, Veterans and Military Affairs Finance and Policy to which was referred:

 

H. F. No. 961, A bill for an act relating to labor; adding a supervisory law enforcement unit; amending Minnesota Statutes 2020, section 179A.10, subdivisions 2, 3.

 

Reported the same back with the following amendments:

 

Page 3, after line 4, insert:

 

"Sec. 3.  Laws 2020, Fifth Special Session chapter 3, article 9, section 6, is amended to read:

 

Sec. 6.  STATE PATROL TROOPER LAW ENFORCEMENT SALARY INCREASE INCREASES.  (a) The commissioner of public safety must increase the salary paid to state patrol troopers by 8.4 percent.

 

(b) Notwithstanding any law to the contrary, the commissioners of public safety, natural resources, corrections, and commerce must increase the salary paid to all supervisory and managerial licensed peace officer positions employed by their agencies who are represented by the Middle Management Association, commissioner's plan, and managerial plan, or the exclusive representative of the law enforcement supervisors unit, by 8.4 percent.

 

EFFECTIVE DATE.  This section is effective retroactively from October 22, 2020, except that for supervisory licensed peace officer positions represented by the exclusive representative of the law enforcement supervisors unit, this section is effective upon approval of a negotiated collective bargaining agreement with the exclusive representative of the law enforcement supervisors unit under Minnesota Statutes, section 3.855.

 

Sec. 4.  LAW ENFORCEMENT SUPERVISORS TRANSITION.

 

Until a negotiated collective bargaining agreement with an exclusive representative of the law enforcement supervisors unit is approved under Minnesota Statutes, section 3.855:

 

(1) state patrol supervisors and enforcement supervisors employed by the Department of Natural Resources shall remain in the commissioner's plan;

 

(2) criminal apprehension investigative supervisors and other law enforcement supervisor positions currently in the general supervisory employees unit shall remain in the general supervisory employees unit represented by the Middle Management Association; and

 

(3) employees in positions to be included in the law enforcement supervisors unit shall be authorized to participate in certification elections for the law enforcement supervisors unit and any negotiation and collective bargaining activities of the law enforcement supervisors unit."

 

Amend the title as follows:

 

Page 1, line 2, after the second semicolon, insert "providing a salary increase for employees in law enforcement;"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on State Government Finance and Elections.

 

      The report was adopted.


Journal of the House - 23rd Day - Wednesday, March 10, 2021 - Top of Page 933

Schultz from the Committee on Human Services Finance and Policy to which was referred:

 

H. F. No. 980, A bill for an act relating to family law; modifying child support and arrears provisions; eliminating interest on child support judgments; requiring the court to provide certain notices; modifying requirements for parent education program; amending Minnesota Statutes 2020, sections 518.157, subdivisions 1, 3; 518.68, subdivision 2; 518A.29; 518A.33; 518A.35, subdivisions 1, 2; 518A.39, subdivision 7; 518A.40, subdivision 4, by adding a subdivision; 518A.42; 518A.43, by adding a subdivision; 518A.685; 548.091, subdivisions 1a, 2a, 3b, 9, 10; 549.09, subdivision 1.

 

Reported the same back with the following amendments:

 

Page 3, after line 2, insert:

 

"EFFECTIVE DATE.  This section is effective January 1, 2023."

 

Page 3, after line 25, insert:

 

"EFFECTIVE DATE.  This section is effective January 1, 2023."

 

Page 4, after line 18, insert:

 

"EFFECTIVE DATE.  This section is effective January 1, 2023."

 

Page 12, line 18, delete "August 31, 2022" and insert "January 1, 2023"

 

Page 13, line 5, before the period, insert "within 90 calendar days"

 

Page 15, after line 21, insert:

 

"EFFECTIVE DATE.  This section is effective January 1, 2023."

 

Page 15, after line 30, insert:

 

"EFFECTIVE DATE.  This section is effective January 1, 2023."

 

Page 16, line 26, delete "2022" and insert "2023"

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 1020, A bill for an act relating to medical cannabis; providing that a person under correctional supervision may participate in the medical cannabis program without facing sanctions; amending Minnesota Statutes 2020, section 152.32, by adding a subdivision.

 

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

 

      The report was adopted.


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

 

H. F. No. 1074, A bill for an act relating to corrections; requiring state and local jail and prison inmates to be housed in publicly owned and operated jails and prisons; prohibiting the state and counties from contracting with private prisons; amending Minnesota Statutes 2020, section 241.01, subdivision 3a; proposing coding for new law in Minnesota Statutes, chapters 243; 641.

 

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

 

      The report was adopted.

 

 

Richardson from the Committee on Education Policy to which was referred:

 

H. F. No. 1083, A bill for an act relating to education; establishing a comprehensive school mental health services lead position; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 127A.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Education Finance.

 

      The report was adopted.

 

 

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

 

H. F. No. 1121, A bill for an act relating to public safety; eliminating the statute of limitations for certain sex offenses; amending Minnesota Statutes 2020, section 628.26.

 

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

 

      The report was adopted.

 

 

Becker-Finn from the Committee on Judiciary Finance and Civil Law to which was referred:

 

H. F. No. 1151, A bill for an act relating to families; modifying child welfare provisions; establishing the Minnesota African American Family Preservation Act; providing criminal penalties; requiring a report; appropriating money; amending Minnesota Statutes 2020, section 260C.329, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 260.

 

Reported the same back with the following amendments:

 

Page 2, line 23, delete "interest" and insert "interests"

 

Page 2, line 26, delete "interest" and insert "interests"

 

Page 12, line 6, delete "(b)" and insert "(c)" and after "American" insert "Child Welfare"


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Page 12, line 9, delete "(b)" and insert "(c)"

 

Page 12, line 20, delete "(c)" and insert "(d)"

 

Page 17, line 6, delete "AND OTHER"

 

Page 17, line 7, delete "DISPROPORTIONATELY REPRESENTED"

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Human Services Finance and Policy.

 

      The report was adopted.

 

 

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

 

H. F. No. 1162, A bill for an act relating to public safety; establishing a task force on sentencing for aiding and abetting felony murder; requiring a report.

 

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

 

      The report was adopted.

 

 

Stephenson from the Committee on Commerce Finance and Policy to which was referred:

 

H. F. No. 1200, A bill for an act relating to employment; providing for paid family, pregnancy, bonding, and applicant's serious medical condition benefits; regulating and requiring certain employment leaves; classifying certain data; authorizing rulemaking; appropriating money; amending Minnesota Statutes 2020, sections 13.719, by adding a subdivision; 177.27, subdivision 4; 181.032; 256J.561, by adding a subdivision; 256J.95, subdivisions 3, 11; 256P.01, subdivision 3; 268.19, subdivision 1; proposing coding for new law as Minnesota Statutes, chapter 268B.

 

Reported the same back with the following amendments:

 

Page 9, line 28, after "town," insert "school district,"

 

Page 9, line 29, before "political" insert "other" and after the period, insert "An employer also includes charter schools."

 

Page 21, line 4, after the period, insert "The applicant must include certification supporting a request for leave under this chapter."

 

Page 24, line 27, delete "and"

 

Page 24, line 29, delete the period and insert "; and"

 

Page 24, after line 29, insert:

 

"(5) an applicant requesting benefits under this chapter must fulfill certification requirements under subdivision 3."


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Page 25, after line 11, insert:

 

"Subd. 3.  Certification.  (a) Certification for an applicant taking leave related to the applicant's serious health condition shall be sufficient if the certification states the date on which the serious health condition began, the probable duration of the condition, and the appropriate medical facts within the knowledge of the health care provider as required by the commissioner.

 

(b) Certification for an applicant taking leave to care for a family member with a serious health condition shall be sufficient if the certification states the date on which the serious health condition commenced, the probable duration of the condition, the appropriate medical facts within the knowledge of the health care provider as required by the commissioner, a statement that the family member requires care, and an estimate of the amount of time that the family member will require care.

 

(c) Certification for an applicant taking leave related to pregnancy shall be sufficient if the certification states the expected due date and recovery period based on appropriate medical facts within the knowledge of the health care provider.

 

(d) Certification for an applicant taking bonding leave because of the birth of the applicant's child shall be sufficient if the certification includes either the child's birth certificate or a document issued by the health care provider of the child or the health care provider of the person who gave birth, stating the child's birth date.

 

(e) Certification for an applicant taking bonding leave because of the placement of a child with the applicant for adoption or foster care shall be sufficient if the applicant provides a document issued by the health care provider of the child, an adoption or foster care agency involved in the placement, or by other individuals as determined by the commissioner that confirms the placement and the date of placement.  To the extent that the status of an applicant as an adoptive or foster parent changes while an application for benefits is pending, or while the covered individual is receiving benefits, the applicant must notify the department of such change in status in writing.

 

(f) Certification for an applicant taking leave because of a qualifying exigency shall be sufficient if the certification includes:

 

(1) a copy of the family member's active-duty orders;

 

(2) other documentation issued by the United States armed forces; or

 

(3) other documentation permitted by the commissioner.

 

(g) Certification for an applicant taking safety leave is sufficient if the certification includes a court record or documentation signed by a volunteer or employee of a victim's services organization, an attorney, a police officer, or an antiviolence counselor.  The commissioner must not require disclosure of details relating to an applicant's or applicant's family member's domestic abuse, sexual assault, or stalking.

 

(h) Certifications under paragraphs (a) to (e) must be reviewed and signed by a health care provider with knowledge of the qualifying event associated with the leave.

 

(i) For a leave taken on an intermittent or reduced-schedule basis, based on a serious health condition of an applicant or applicant's family member, the certification under this subdivision must include an explanation of how such leave would be medically beneficial to the individual with the serious health condition."


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Renumber the subdivisions in sequence

 

Page 30, line 24, delete "subdivision 5" and insert "section 268B.06, subdivision 3"

 

Page 31, delete subdivision 5

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Human Services Finance and Policy.

 

      The report was adopted.

 

 

Becker-Finn from the Committee on Judiciary Finance and Civil Law to which was referred:

 

H. F. No. 1237, A bill for an act relating to environment; modifying provisions for priority qualified facilities; modifying authority to acquire property interests; authorizing requests for information on contaminants; requiring public notice of wastewater overflows, bypasses, and releases from publicly owned treatment works; modifying provisions for electronic waste; amending Minnesota Statutes 2020, sections 115.061; 115A.1310, subdivision 12b; 115A.1312, subdivision 1; 115A.1314, subdivision 1; 115A.1316, subdivision 1; 115A.1318, subdivision 2; 115A.1320, subdivision 1; 115B.17, subdivision 13; 115B.406, subdivisions 1, 9; 115B.407; 116.07, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 116; repealing Minnesota Rules, part 7044.0350.

 

Reported the same back with the following amendments:

 

Page 1, after line 12, insert:

 

"Section 1.  Minnesota Statutes 2020, section 115.03, subdivision 1, is amended to read:

 

Subdivision 1.  Generally.  The agency is hereby given and charged with the following powers and duties:

 

(a) to administer and enforce all laws relating to the pollution of any of the waters of the state;

 

(b) to investigate the extent, character, and effect of the pollution of the waters of this state and to gather data and information necessary or desirable in the administration or enforcement of pollution laws, and to make such classification of the waters of the state as it may deem advisable;

 

(c) to establish and alter such reasonable pollution standards for any waters of the state in relation to the public use to which they are or may be put as it shall deem necessary for the purposes of this chapter and, with respect to the pollution of waters of the state, chapter 116;

 

(d) to encourage waste treatment, including advanced waste treatment, instead of stream low-flow augmentation for dilution purposes to control and prevent pollution;

 

(e) to adopt, issue, reissue, modify, deny, or revoke, reopen, enter into, or enforce reasonable orders, permits, variances, standards, rules, schedules of compliance, and stipulation agreements, under such conditions as it may prescribe, in order to prevent, control or abate water pollution, or for the installation or operation of disposal systems or parts thereof, or for other equipment and facilities:

 

(1) requiring the discontinuance of the discharge of sewage, industrial waste or other wastes into any waters of the state resulting in pollution in excess of the applicable pollution standard established under this chapter;


Journal of the House - 23rd Day - Wednesday, March 10, 2021 - Top of Page 938

(2) prohibiting or directing the abatement of any discharge of sewage, industrial waste, or other wastes, into any waters of the state or the deposit thereof or the discharge into any municipal disposal system where the same is likely to get into any waters of the state in violation of this chapter and, with respect to the pollution of waters of the state, chapter 116, or standards or rules promulgated or permits issued pursuant thereto, and specifying the schedule of compliance within which such prohibition or abatement must be accomplished;

 

(3) prohibiting the storage of any liquid or solid substance or other pollutant in a manner which does not reasonably assure proper retention against entry into any waters of the state that would be likely to pollute any waters of the state;

 

(4) requiring the construction, installation, maintenance, and operation by any person of any disposal system or any part thereof, or other equipment and facilities, or the reconstruction, alteration, or enlargement of its existing disposal system or any part thereof, or the adoption of other remedial measures to prevent, control or abate any discharge or deposit of sewage, industrial waste or other wastes by any person;

 

(5) establishing, and from time to time revising, standards of performance for new sources taking into consideration, among other things, classes, types, sizes, and categories of sources, processes, pollution control technology, cost of achieving such effluent reduction, and any nonwater quality environmental impact and energy requirements.  Said standards of performance for new sources shall encompass those standards for the control of the discharge of pollutants which reflect the greatest degree of effluent reduction which the agency determines to be achievable through application of the best available demonstrated control technology, processes, operating methods, or other alternatives, including, where practicable, a standard permitting no discharge of pollutants.  New sources shall encompass buildings, structures, facilities, or installations from which there is or may be the discharge of pollutants, the construction of which is commenced after the publication by the agency of proposed rules prescribing a standard of performance which will be applicable to such source.  Notwithstanding any other provision of the law of this state, any point source the construction of which is commenced after May 20, 1973, and which is so constructed as to meet all applicable standards of performance for new sources shall, consistent with and subject to the provisions of section 306(d) of the Amendments of 1972 to the Federal Water Pollution Control Act, not be subject to any more stringent standard of performance for new sources during a ten-year period beginning on the date of completion of such construction or during the period of depreciation or amortization of such facility for the purposes of section 167 or 169, or both, of the Federal Internal Revenue Code of 1954, whichever period ends first.  Construction shall encompass any placement, assembly, or installation of facilities or equipment, including contractual obligations to purchase such facilities or equipment, at the premises where such equipment will be used, including preparation work at such premises;

 

(6) establishing and revising pretreatment standards to prevent or abate the discharge of any pollutant into any publicly owned disposal system, which pollutant interferes with, passes through, or otherwise is incompatible with such disposal system;

 

(7) requiring the owner or operator of any disposal system or any point source to establish and maintain such records, make such reports, install, use, and maintain such monitoring equipment or methods, including where appropriate biological monitoring methods, sample such effluents in accordance with such methods, at such locations, at such intervals, and in such a manner as the agency shall prescribe, and providing such other information as the agency may reasonably require;

 

(8) notwithstanding any other provision of this chapter, and with respect to the pollution of waters of the state, chapter 116, requiring the achievement of more stringent limitations than otherwise imposed by effluent limitations in order to meet any applicable water quality standard by establishing new effluent limitations, based upon section 115.01, subdivision 13, clause (b), including alternative effluent control strategies for any point source or group of point sources to insure the integrity of water quality classifications, whenever the agency determines that discharges of pollutants from such point source or sources, with the application of effluent limitations required to comply with


Journal of the House - 23rd Day - Wednesday, March 10, 2021 - Top of Page 939

any standard of best available technology, would interfere with the attainment or maintenance of the water quality classification in a specific portion of the waters of the state.  Prior to establishment of any such effluent limitation, the agency shall hold a public hearing to determine the relationship of the economic and social costs of achieving such limitation or limitations, including any economic or social dislocation in the affected community or communities, to the social and economic benefits to be obtained and to determine whether or not such effluent limitation can be implemented with available technology or other alternative control strategies.  If a person affected by such limitation demonstrates at such hearing that, whether or not such technology or other alternative control strategies are available, there is no reasonable relationship between the economic and social costs and the benefits to be obtained, such limitation shall not become effective and shall be adjusted as it applies to such person;

 

(9) modifying, in its discretion, any requirement or limitation based upon best available technology with respect to any point source for which a permit application is filed after July 1, 1977, upon a showing by the owner or operator of such point source satisfactory to the agency that such modified requirements will represent the maximum use of technology within the economic capability of the owner or operator and will result in reasonable further progress toward the elimination of the discharge of pollutants; and

 

(10) requiring that applicants for wastewater discharge permits evaluate in their applications the potential reuses of the discharged wastewater; and

 

(11) requiring parties who enter into a negotiated agreement to settle an enforcement matter with the agency to reimburse the agency according to this clause for oversight costs that are incurred by the agency and associated with implementing the negotiated agreement.  The agency may recover oversight costs exceeding $25,000.  Oversight costs include personnel and direct costs associated with inspections, sampling, monitoring, modeling, risk assessment, permit writing, engineering review, economic analysis and review, and other record or document review.  Only oversight costs incurred after executing the negotiated agreement are covered by this clause.  The agency's legal and litigation costs are not covered by this clause.  The commissioner has discretion as to whether to apply this clause in cases when the agency is using schedules of compliance to bring a class of regulated parties into compliance.  Reimbursement amounts are appropriated to the commissioner;

 

(f) to require to be submitted and to approve plans and specifications for disposal systems or point sources, or any part thereof and to inspect the construction thereof for compliance with the approved plans and specifications thereof;

 

(g) to prescribe and alter rules, not inconsistent with law, for the conduct of the agency and other matters within the scope of the powers granted to and imposed upon it by this chapter and, with respect to pollution of waters of the state, in chapter 116, provided that every rule affecting any other department or agency of the state or any person other than a member or employee of the agency shall be filed with the secretary of state;

 

(h) to conduct such investigations, issue such notices, public and otherwise, and hold such hearings as are necessary or which it may deem advisable for the discharge of its duties under this chapter and, with respect to the pollution of waters of the state, under chapter 116, including, but not limited to, the issuance of permits, and to authorize any member, employee, or agent appointed by it to conduct such investigations or, issue such notices and hold such hearings;

 

(i) for the purpose of water pollution control planning by the state and pursuant to the Federal Water Pollution Control Act, as amended, to establish and revise planning areas, adopt plans and programs and continuing planning processes, including, but not limited to, basin plans and areawide waste treatment management plans, and to provide for the implementation of any such plans by means of, including, but not limited to, standards, plan elements, procedures for revision, intergovernmental cooperation, residual treatment process waste controls, and needs inventory and ranking for construction of disposal systems;


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(j) to train water pollution control personnel, and charge such fees therefor as are necessary to cover the agency's costs.  All such fees received shall be paid into the state treasury and credited to the Pollution Control Agency training account;

 

(k) to impose as additional conditions in permits to publicly owned disposal systems appropriate measures to insure compliance by industrial and other users with any pretreatment standard, including, but not limited to, those related to toxic pollutants, and any system of user charges ratably as is hereby required under state law or said Federal Water Pollution Control Act, as amended, or any regulations or guidelines promulgated thereunder;

 

(l) to set a period not to exceed five years for the duration of any national pollutant discharge elimination system permit or not to exceed ten years for any permit issued as a state disposal system permit only;

 

(m) to require each governmental subdivision identified as a permittee for a wastewater treatment works to evaluate in every odd-numbered year the condition of its existing system and identify future capital improvements that will be needed to attain or maintain compliance with a national pollutant discharge elimination system or state disposal system permit; and

 

(n) to train subsurface sewage treatment system personnel, including persons who design, construct, install, inspect, service, and operate subsurface sewage treatment systems, and charge fees as necessary to pay the agency's costs.  All fees received must be paid into the state treasury and credited to the agency's training account.  Money in the account is appropriated to the agency to pay expenses related to training.

 

The information required in clause (m) must be submitted in every odd-numbered year to the commissioner on a form provided by the commissioner.  The commissioner shall provide technical assistance if requested by the governmental subdivision.

 

The powers and duties given the agency in this subdivision also apply to permits issued under chapter 114C."

 

Page 2, after line 18, insert:

 

"Sec. 3.  Minnesota Statutes 2020, section 115.071, subdivision 1, is amended to read:

 

Subdivision 1.  Remedies available.  The provisions of sections 103F.701 to 103F.755, this chapter and chapters 114C, 115A, and 116, and sections 325E.10 to 325E.1251 and 325E.32 and all rules, standards, orders, stipulation agreements, schedules of compliance, and permits adopted or issued by the agency thereunder or under any other law now in force or hereafter enacted for the prevention, control, or abatement of pollution may be enforced by any one or any combination of the following:  criminal prosecution; action to recover civil penalties; injunction; action to compel or cease performance; or other appropriate action, in accordance with the provisions of said chapters and this section.

 

Sec. 4.  Minnesota Statutes 2020, section 115.071, subdivision 4, is amended to read:

 

Subd. 4.  Injunctions.  Any violation of the provisions, rules, standards, orders, stipulation agreements, variances, schedules of compliance, or permits specified in this chapter and chapters 114C and 116 shall constitute constitutes a public nuisance and may be enjoined as provided by law in an action, in the name of the state, brought by the attorney general.  Injunctive relief under this subdivision may include but is not limited to a requirement that a facility or person immediately cease operation or activities until such time as the commissioner has reasonable assurance that renewed operation or activities will not violate state pollution requirements, cause harm to human health, or result in a serious violation of an applicable permit.


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Sec. 5.  Minnesota Statutes 2020, section 115.071, is amended by adding a subdivision to read:

 

Subd. 8.  Stipulation agreements.  In exercising enforcement powers over a term of a stipulation agreement when a party asserts a good cause or force majeure claim for an extension of time to comply with a stipulated term, the commissioner must not grant the extension if the assertion is based solely on increased costs.

 

Sec. 6.  Minnesota Statutes 2020, section 115.071, is amended by adding a subdivision to read:

 

Subd. 9.  Compliance when required permit not obtained.  The commissioner may require a person or facility that fails to obtain a required permit to comply with any terms of a permit that would have been issued had the person or facility obtained a permit, including but not limited to reporting, monitoring, controlling pollutant discharge, and creating and implementing operations and maintenance plans.  The person or facility is subject to liability and penalties, including criminal liability, for failing to operate in compliance with a permit not obtained beginning at the time a permit should have been obtained."

 

Page 9, after line 24, insert:

 

"Sec. 13.  [115A.405] WASTE COMPOSITION STUDY.

 

Subdivision 1.  Waste composition study.  By January 1 each year, the commissioner must conduct a waste composition study at covered entities.  When identifying facilities for waste composition studies, the commissioner must rotate the covered entities and each covered entity must allow the commissioner to perform a waste composition study at least once every three years.

 

Subd. 2.  Access.  The commissioner or commissioner's designee, upon presentation of credentials, may enter upon any public or private property to take any action authorized by this section.  The covered entity must provide access to pertinent books and records and provide reasonable accommodations for a waste composition study to be completed accurately and safely.

 

Subd. 3.  Data compilation.  The commissioner must annually compile and summarize the waste composition data.  The commissioner must make the summary information available to the public."

 

Page 14, after line 3, insert:

 

"Sec. 19.  Minnesota Statutes 2020, section 116.07, subdivision 9, is amended to read:

 

Subd. 9.  Orders; investigations.  The agency shall have commissioner has the following powers and duties for the enforcement of enforcing any provision of this chapter and chapter 114C, relating to air contamination or waste:

 

(1) to adopt, issue, reissue, modify, deny, revoke, reopen, enter into, or enforce reasonable orders, schedules of compliance, and stipulation agreements;

 

(2) to require the owner or operator of any emission facility, air contaminant treatment facility, potential air contaminant storage facility, or any system or facility related to the storage, collection, transportation, processing, or disposal of waste to establish and maintain records; to make reports; to install, use, and maintain monitoring equipment or methods; and to make tests, including testing for odor where a nuisance may exist, in accordance with methods, at locations, at intervals, and in a manner as the agency shall prescribe; and to provide other information as the agency may reasonably require;

 

(3) to conduct investigations, issue notices, public and otherwise, and order hearings as it may deem necessary or advisable for the discharge of its duties under this chapter and chapter 114C, including but not limited to the issuance of permits; and to authorize any member, employee, or agent appointed by it to conduct the investigations and issue the notices.; and


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(4) to require parties who enter into a negotiated agreement to settle an enforcement matter with the agency to reimburse the agency according to this clause for oversight costs that are incurred by the agency and associated with implementing the negotiated agreement.  The agency may recover oversight costs exceeding $25,000.  Oversight costs include personnel and direct costs associated with inspections, sampling, monitoring, modeling, risk assessment, permit writing, engineering review, economic analysis and review, and other record or document review.  Only oversight costs incurred after executing the negotiated agreement are covered by this clause.  The agency's legal and litigation costs are not covered by this clause.  The commissioner has discretion as to whether to apply this clause in cases where the agency is using schedules of compliance to bring a class of regulated parties into compliance.  Reimbursement amounts are appropriated to the commissioner.

 

Sec. 20.  Minnesota Statutes 2020, section 116.07, is amended by adding a subdivision to read:

 

Subd. 9a.  Stipulation agreements.  In exercising enforcement powers over a term of a stipulation agreement when a party asserts a good cause or force majeure claim for an extension of time to comply with a stipulated term, the commissioner must not grant the extension if the assertion is based solely on increased costs.

 

Sec. 21.  Minnesota Statutes 2020, section 116.07, is amended by adding a subdivision to read:

 

Subd. 9b.  Compliance when required permit not obtained.  The commissioner may require a person or facility that fails to obtain a required permit to comply with any terms of a permit that would have been issued had the person or facility obtained a permit, including but not limited to reporting, monitoring, controlling pollutant discharge, and creating and implementing operations and maintenance plans.  The person or facility is subject to liability and penalties, including criminal liability, for failing to operate in compliance with a permit not obtained beginning at the time a permit should have been obtained."

 

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 6, after the first semicolon, insert "modifying enforcement; providing for waste composition studies;"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Environment and Natural Resources Finance and Policy.

 

      The report was adopted.

 

 

Hansen, R., from the Committee on Environment and Natural Resources Finance and Policy to which was referred:

 

H. F. No. 1250, A bill for an act relating to state lands; requiring reimbursement of certain land-transaction costs; adding and deleting land from certain state parks; establishing new state forest; authorizing private sale of certain surplus state land; amending Minnesota Statutes 2020, sections 84.415, by adding a subdivision; 84.63; 84.631; 89.021, by adding a subdivision; 89.17; 92.50, by adding a subdivision.

 

Reported the same back with the following amendments:

 

Page 1, line 11, delete "commissioner of natural" and insert "state"


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Page 1, line 12, delete "resources" and before "review" insert "cultural resources" and after "by" insert "the Minnesota Historical Society under contract with the commissioner of natural resources or"

 

Page 2, line 25, delete "commissioner of natural resources" and insert "state" and before "review" insert "cultural resources"

 

Page 2, line 26, after "by" insert "the Minnesota Historical Society under contract with the commissioner of natural resources or"

 

Page 3, line 28, delete "commissioner of natural resources" and insert "state" and before "review" insert "cultural resources"

 

Page 3, line 29, after "by" insert "the Minnesota Historical Society under contract with the commissioner of natural resources or"

 

Page 4, line 25, delete "commissioner" and insert "state" and before "review" insert "cultural resources" and after "by" insert "the Minnesota Historical Society under contract with the commissioner of natural resources or"

 

Page 4, line 32, delete "commissioner of natural resources" and insert "state" and before "review" insert "cultural resources"

 

Page 5, line 1, after "by" insert "the Minnesota Historical Society under contract with the commissioner of natural resources or"

 

Page 6, line 28, delete everything after "Government" and insert "Lots 1, 2, 3, and 4, Section 16;"

 

Page 6 delete lines 29 to 31

 

Page 7, line 6, after "feet" insert "except the railroad right-of-way"

 

Page 7, line 12, after "Quarter" insert ", the Northeast Quarter of the Southwest Quarter"

 

Page 15, line 22, after "Lots" insert "1,"

 

Page 15, line 23, delete "1," and delete the second comma

 

Page 16, line 21, before "and" insert "11,"

 

Page 21, after line 2, insert:

 

"Sec. 10.  PRIVATE SALE OF TAX-FORFEITED LAND; AITKIN COUNTY.

 

(a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, or other law to the contrary, Aitkin County may sell by private sale the tax-forfeited land described in paragraph (c).

 

(b) The conveyance must be in a form approved by the attorney general.  The attorney general may make changes to the land description to correct errors and ensure accuracy.

 

(c) The land to be sold is located in Aitkin County and is described as:

 

The North Half of the Northeast Quarter of the Northeast Quarter lying East of 275th Avenue in Section 11, Township 47 North, Range 25 West, Aitkin County, Minnesota (part of parcel 15-0-017700).


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(d) The county has determined that the county's land management interests would best be served if the land was returned to private ownership.

 

Sec. 11.  GOODHUE COUNTY; LAND TRANSFERS.

 

Subdivision 1.  Land transfers.  (a) Notwithstanding Minnesota Statutes, section 373.01, subdivision 1, paragraph (a), clause (3), Goodhue County may sell, lease, or otherwise convey county-owned land that abuts Lake Byllesby to adjoining property owners who after the transfer will have direct access to Lake Byllesby.  Any sale, lease, or other conveyance must be for the market value of the property as appraised by the county.  A sale, lease, or other conveyance under this section must reserve to the county mineral rights according to Minnesota Statutes, section 373.01, and flowage easements relating to water levels of Lake Byllesby.

 

(b) This section does not apply to any county-owned land that has been developed by the county as public parkland.

 

Subd. 2.  Effective date; local approval.  This section is effective the day after the governing body of Goodhue County and its chief clerical officer comply with Minnesota Statutes, section 645.021, subdivisions 2 and 3.

 

Sec. 12.  PRIVATE SALE OF TAX-FORFEITED LANDS; ITASCA COUNTY.

 

(a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, or other law to the contrary, Itasca County may sell by private sale the tax-forfeited lands described in paragraph (c).

 

(b) The conveyances must be in a form approved by the attorney general.  The attorney general may make changes to the land descriptions to correct errors and ensure accuracy.

 

(c) The lands to be sold are located in Itasca County and are described as:

 

(1) all that part of Government Lot 2, Section 27, Township 145 North, Range 26 West, lying northeasterly of the northeasterly right-of-way line of CSAH 39 and northwesterly of the following described line:  Commencing at the northwest corner of said Government Lot 2; thence South 89 degrees 21 minutes East, along the north line of said Government Lot 2 a distance of 286 feet, more or less, to a point on the northeasterly right-of-way line of the CSAH 39 right-of-way; thence South 51 degrees 01 minute East, 260.41 feet to the point of beginning of the line to be described; thence North 42 degrees 11 minutes East to intersect the water's edge of Ball Club Lake and there said line terminates; and

 

(2) the South two rods of the East 16 rods of Government Lot 14, Section 4, Township 60 North, Range 26 West of the Fourth Principle Meridian, containing approximately 0.20 acres.

 

(d) The county has determined that the county's land management interests would best be served if the lands were returned to private ownership.

 

Sec. 13.  PRIVATE SALE OF SURPLUS LAND BORDERING PUBLIC WATERS; ROSEAU COUNTY.

 

(a) Notwithstanding Minnesota Statutes, sections 92.45, 94.09, and 94.10, the commissioner of natural resources may sell by private sale the surplus island located in public water that is described in paragraph (d) to a local unit of government for less than market value.


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(b) The commissioner may make necessary changes to the legal description to correct errors and ensure accuracy.

 

(c) The land described in paragraph (d) may be sold by quitclaim deed and the conveyance must provide that the land described in paragraph (d) be used for the public and reverts to the state if the local unit of government fails to provide for public use or abandons the public use of the land.  The conveyance is subject to a flowage easement held by the United States of America.

 

(d) The land that may be conveyed is located in Roseau County and is described as:  an unsurveyed island located in the approximate center of the South Half of the Southeast Quarter of Section 29, Township 163 North, Range 36 West, Roseau County, Minnesota; said island contains 6.7 acres, more or less (parcel identification number 563199100).

 

(e) The island is located in Warroad River and was created after statehood when dredge spoils were deposited on a sandbar in the Warroad River.  The Department of Natural Resources has determined that the land is not needed for natural resource purposes, the conveyance would further the public interest, and the state's land management interests would best be served if the land was conveyed to a local unit of government for a public park and other public use.

 

Sec. 14.  PRIVATE SALE OF TAX-FORFEITED LANDS; ST. LOUIS COUNTY.

 

(a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, or other law to the contrary, St. Louis County may sell by private sale the tax-forfeited lands described in paragraph (c).

 

(b) The conveyances must be in a form approved by the attorney general.  The attorney general may make changes to the land descriptions to correct errors and ensure accuracy.

 

(c) The lands to be sold are located in St. Louis County and are described as:

 

(1) the South Half of the North Half of the South Half of the Southwest Quarter of the Northwest Quarter, except the East 470 feet and except the part taken for a road, Township 50 North, Range 15 West, Section 29 (parcel identification number 395-0010-08713);

 

(2) the East 271 feet of the West 371 feet of the North 669.94 feet of the Northwest Quarter of the Northwest Quarter of Section 34, Township 61 North, Range 15 West of the Fourth Principal Meridian.  Together with the West 100 feet of the North 669.94 feet of the Northwest Quarter of the Northwest Quarter of Section 34, Township 61 North, Range 15 West of the Fourth Principal Meridian, which lies South of the North 300 feet thereof (part of parcel identification number 410-0024-00550);

 

(3) the West 371 feet of the Northwest Quarter of the Northwest Quarter of Section 34, Township 61 North, Range 15 West of the Fourth Principal Meridian, which lies South of the North 669.94 feet thereof (part of parcel identification number 410-0024-00550); and

 

(4) the Northeast Quarter, except the Southwest Quarter, and the North Half of the Northwest Quarter, Township 52 North, Range 19 West, Section 24 (part of parcel identification number 470-0010-03830).

 

(d) The county has determined that the county's land management interests would best be served if the lands were returned to private ownership.


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Sec. 15.  ST. LOUIS COUNTY; LAND LEASE.

 

Subdivision 1.  St. Louis County; lease.  Notwithstanding Minnesota Statutes, sections 16A.695 and 282.04, St. Louis County may lease property legally described as part of Government Lot 5 except the lake portion of Embarrass Mine, Township 58, Range 15 West, Section 5, for use as a water intake and water treatment project under Laws 2018, chapter 214, article 1, section 22, subdivision 6, for consideration of more than $12,000 per year and for a period exceeding ten years.

 

Subd. 2.  Department of Natural Resources; lease.  Notwithstanding Minnesota Statutes, section 92.50, or other law to the contrary, the commissioner may lease property in Township 58, Range 15, Section 5, for use as a water intake and water treatment project under Laws 2018, chapter 214, article 1, section 22, subdivision 6, for a period exceeding 21 years, including a lease term of 40 years.

 

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

 

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 4, after "certain" insert "tax-forfeited and" and after the semicolon, insert "authorizing certain land leases and transfers;"

 

 

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

 

      The report was adopted.

 

 

Becker-Finn from the Committee on Judiciary Finance and Civil Law to which was referred:

 

H. F. No. 1340, A bill for an act relating to children; modifying requirements for the responsible social services agency placing children in qualified residential treatment programs; amending Minnesota Statutes 2020, sections 245.4885, subdivision 1; 245A.02, by adding subdivisions; 245A.041, by adding a subdivision; 260C.007, subdivisions 26c, 31; 260C.157, subdivision 3; 260C.212, subdivisions 1a, 13; 260C.452; 260C.704; 260C.706; 260C.708; 260C.71; 260C.712; 260C.714; 260D.01; 260D.05; 260D.06, subdivision 2; 260D.07; 260D.08; 260D.14; 260E.36, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 245A.

 

Reported the same back with the following amendments:

 

Page 1, line 12, after "PREVENTION" insert "SERVICES"

 

Page 20, line 15, delete "is"

 

Page 22, line 15, after "PREVENTION" insert "SERVICES"

 

Page 32, line 9, after "PREVENTION" insert "SERVICES"

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Human Services Finance and Policy.

 

      The report was adopted.


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Nelson, M., from the Committee on State Government Finance and Elections to which was referred:

 

H. F. No. 1388, A bill for an act relating to state government finance; adjusting the calculation for the stadium general reserve account; requiring the commissioner of management and budget to notify the legislature before making changes to the stadium general reserve account; establishing a stadium payoff fund; transferring money; requiring the stadium payoff fund balance be used to redeem or defease the stadium appropriation bonds; amending Minnesota Statutes 2020, section 297E.021, subdivisions 3, 4, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 16A.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 1403, A bill for an act relating to corrections; authorizing the placement of pregnant and postpartum female inmates in community-based programs; requiring reports; amending Minnesota Statutes 2020, section 244.065.

 

Reported the same back with the following amendments:

 

Page 1, line 17, after "year" insert "postpartum" and delete "is postpartum and"

 

 

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

 

      The report was adopted.

 

 

Becker-Finn from the Committee on Judiciary Finance and Civil Law to which was referred:

 

H. F. No. 1436, A bill for an act relating to human services; modifying child support provisions; amending Minnesota Statutes 2020, section 256.741, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 518A.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Human Services Finance and Policy.

 

      The report was adopted.

 

 

Moran from the Committee on Ways and Means to which was referred:

 

H. F. No. 1438, A bill for an act relating to health care; increasing medical assistance reimbursement rate for administration of COVID-19 vaccine; appropriating money.

 

Reported the same back with the following amendments:

 

Page 1, line 21, delete "up to $500,000" and insert "$203,000"


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Page 2, line 3, delete "All" and insert "$203,000 of the"

 

Page 2, line 4, delete "in an amount up to $500,000" and delete "Up to"

 

Page 2, line 5, delete "$500,000" and insert "$203,000"

 

Page 2, line 6, delete "Up to $500,000" and insert "$203,000"

 

Page 2, line 8, after the period, insert "This general fund appropriation is available until June 30, 2022."

 

 

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

 

      The report was adopted.

 

 

Pinto from the Committee on Early Childhood Finance and Policy to which was referred:

 

H. F. No. 1466, A bill for an act relating to human services; modifying child care assistance and child care provider provisions; amending Minnesota Statutes 2020, sections 119B.11, subdivision 2a; 119B.125, subdivision 1; 119B.13, subdivisions 6, 7; repealing Minnesota Statutes 2020, sections 119B.04; 119B.125, subdivision 5.

 

Reported the same back with the following amendments:

 

Page 2, line 11, after the period, insert "The commissioner's authority to recoup and recover overpayments from families in this paragraph is limited to investigations conducted under chapter 245E."

 

 

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

 

      The report was adopted.

 

 

Hansen, R., from the Committee on Environment and Natural Resources Finance and Policy to which was referred:

 

H. F. No. 1562, A bill for an act relating to natural resources; establishing account to invest financial assurance money from permits to mine; modifying certain submission deadline; modifying provisions for state park permits; prohibiting shooting at decoys from motor vehicles; establishing blaze orange or blaze pink requirements for ground blinds; modifying restrictions on motorized decoys; modifying provisions for taking turtles; appropriating money; amending Minnesota Statutes 2020, sections 84.946, subdivision 4; 85.054, subdivision 1; 97B.055, subdivision 2; 97B.071; 97B.811, subdivision 4a; 97C.605, subdivision 3; 97C.611; proposing coding for new law in Minnesota Statutes, chapter 11A.

 

Reported the same back with the following amendments:

 

Page 1, delete section 1

 

Page 2, after line 25, insert:

 

"Sec. 2.  [84.9735] INSECTICIDES ON STATE LANDS.

 

A person may not use a product containing an insecticide in a wildlife management area, state park, state forest, aquatic management area, or scientific and natural area if the insecticide is from the neonicotinoid class of insecticides or contains chlorpyrifos."


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Page 3, after line 8, insert:

 

"Sec. 4.  Minnesota Statutes 2020, section 97A.475, subdivision 41, is amended to read:

 

Subd. 41.  Turtle licenses license.  (a) The fee for a turtle seller's license to sell turtles and to take, transport, buy, and possess turtles for sale is $250.

 

(b) The fee for a recreational turtle license to take, transport, and possess turtles for personal use is $25.

 

(c) The fee for a turtle seller's apprentice license is $100."

 

Page 3, delete section 5, and insert:

 

"Sec. 6.  Minnesota Statutes 2020, section 97B.071, is amended to read:

 

97B.071 CLOTHING AND GROUND BLIND REQUIREMENTS; BLAZE ORANGE OR BLAZE PINK.

 

(a) Except as provided in rules adopted under paragraph (c) (d), a person may not hunt or trap during the open season where deer may be taken by firearms under applicable laws and ordinances, unless the visible portion of the person's cap and outer clothing above the waist, excluding sleeves and gloves, is blaze orange or blaze pink.  Blaze orange or blaze pink includes a camouflage pattern of at least 50 percent blaze orange or blaze pink within each foot square.  This section does not apply to migratory-waterfowl hunters on waters of this state or in a stationary shooting location or to trappers on waters of this state.

 

(b) Except as provided in rules adopted under paragraph (d) and in addition to the requirements under paragraph (a), during the open season where deer may be taken by firearms under applicable laws and ordinances, a person in a fabric or synthetic ground blind on public land must have:

 

(1) a blaze orange safety covering on the top of the blind visible for 360 degrees around the blind; or

 

(2) at least 144 square inches of blaze orange material on each side of the blind.

 

(b) (c) Except as provided in rules adopted under paragraph (c) (d), and in addition to the requirement requirements in paragraph paragraphs (a) and (b), a person may not take small game other than turkey, migratory birds, raccoons, and predators, except while trapping, unless a visible portion of at least one article of the person's clothing above the waist is blaze orange or blaze pink.  This paragraph does not apply to a person when in a stationary location while hunting deer by archery or when hunting small game by falconry.

 

(c) (d) The commissioner may, by rule, prescribe an alternative color in cases where paragraph paragraphs (a) or (b) to (c) would violate the Religious Freedom Restoration Act of 1993, Public Law 103-141.

 

(d) (e) A violation of paragraph (b) shall (c) does not result in a penalty, but is punishable only by a safety warning.

 

Sec. 7.  Minnesota Statutes 2020, section 97B.207, subdivision 2, is amended to read:

 

Subd. 2.  Requirements for hunters and handlers.  (a) A person attempting to locate and retrieve a wounded deer or bear using a dog must have a valid license to take the deer or bear and have the license in possession.  If the person is a dog handler that does not have a valid hunting license, the person must be accompanied by a licensed hunter with the license in possession.


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(b) The licensed hunter, and any accompanying dog handler, must be on foot and must wear blaze orange or blaze pink as provided in section 97B.071, paragraph (a).

 

(c) Any light used must be a handheld artificial light, as defined under section 97B.081, subdivision 3, paragraph (f).

 

Sec. 8.  [97B.673] NONTOXIC SHOT REQUIRED FOR TAKING SMALL GAME IN CERTAIN AREAS.

 

Subdivision 1.  Nontoxic shot on wildlife management areas in farmland zone.  After July 1, 2022, a person may not take small game, rails, or common snipe on any wildlife management area within the farmland zone with shot other than:

 

(1) steel shot;

 

(2) copper-plated, nickel-plated, or zinc-plated steel shot; or

 

(3) shot made of other nontoxic material approved by the director of the United States Fish and Wildlife Service.

 

Subd. 2.  Farmland zone.  For the purposes of this section, the farmland zone is the portion of the state that falls south and west of Minnesota Highway 70 westward from the Wisconsin border to Minnesota Highway 65 to Minnesota Highway 23 to U.S. Highway 169 at Milaca to Minnesota Highway 18 at Garrison to Minnesota Highway 210 at Brainerd to U.S. Highway 10 at Motley to U.S. Highway 59 at Detroit Lakes northward to the Canadian border."

 

Page 4, after line 26, insert:

 

"Sec. 10.  Minnesota Statutes 2020, section 97C.605, subdivision 1, is amended to read:

 

Subdivision 1.  Resident angling license required Taking turtles; requirements.  In addition to any other license required in this section, (a) A person may not take, possess, or transport turtles without a resident angling license, except as provided in subdivision 2c and a recreational turtle license.

 

(b) Turtles taken from the wild are for personal use only and may not be resold.

 

Sec. 11.  Minnesota Statutes 2020, section 97C.605, subdivision 2c, is amended to read:

 

Subd. 2c.  License exemptions.  (a) A person does not need a turtle seller's license or an angling license the licenses specified under subdivision 1:

 

(1) when buying turtles for resale at a retail outlet;

 

(2) (1) when buying a turtle at a retail outlet; or

 

(3) if the person is a nonresident buying a turtle from a licensed turtle seller for export out of state.  Shipping documents provided by the turtle seller must accompany each shipment exported out of state by a nonresident.  Shipping documents must include:  name, address, city, state, and zip code of the buyer; number of each species of turtle; and name and license number of the turtle seller; or

 

(4) (2) to take, possess, and rent or sell up to 25 turtles greater than four inches in length for the purpose of providing the turtles to participants at a nonprofit turtle race, if the person is a resident under age 18.  The person is responsible for the well-being of the turtles.


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(b) A person with an aquatic farm license with a turtle endorsement or a private fish hatchery license with a turtle endorsement may sell, obtain, possess, transport, and propagate turtles and turtle eggs according to Minnesota Rules, part 6256.0900, without the licenses specified under subdivision 1."

 

Page 4, delete section 7, and insert:

 

"Sec. 12.  Minnesota Statutes 2020, section 97C.605, subdivision 3, is amended to read:

 

Subd. 3.  Taking; methods prohibited.  (a) A person may not take turtles in any manner, except by the use of using:

 

(1) explosives, drugs, poisons, lime, and other harmful substances;

 

(2) traps, except as provided in paragraph (b) and rules adopted under this section;

 

(3) nets other than anglers' fish landing nets; or

 

(4) commercial equipment, except as provided in rules adopted under this section.;

 

(5) firearms and ammunition;

 

(6) bow and arrow or crossbow; or

 

(7) spears, harpoons, or any other implements that impale turtles.

 

(b) Until new rules are adopted under this section, a person with a turtle seller's license may take turtles with a floating turtle trap that:

 

(1) has one or more openings above the water surface that measure at least ten inches by four inches; and

 

(2) has a mesh size of not less than one-half inch, bar measure."

 

Page 5, delete section 8, and insert:

 

"Sec. 13.  Minnesota Statutes 2020, section 97C.611, is amended to read:

 

97C.611 SNAPPING TURTLES TURTLE SPECIES; LIMITS.

 

Subdivision 1.  Snapping turtles.  A person may not possess more than three snapping turtles of the species Chelydra serpentina without a turtle seller's license.  Until new rules are adopted under section 97C.605, a person may not take snapping turtles of a size less than ten inches wide including curvature, measured from side to side across the shell at midpoint.  After new rules are adopted under section 97C.605, a person may only take snapping turtles of a size specified in the adopted rules.

 

Subd. 2.  Western painted turtles.  (a) A person may not possess more than three Western painted turtles of the species Chrysemys picta.  Western painted turtles must be between 4 and 5-1/2 inches in shell length.

 

(b) This subdivision does not apply to persons acting under section 97C.605, subdivision 2c, clause (4).

 

Subd. 3.  Spiny softshell.  A person may not possess spiny softshell turtles of the species Apalone spinifera after December 1, 2021, without an aquatic farm or private fish hatchery license with a turtle endorsement.


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Subd. 4.  Other species.  A person may not possess any other species of turtle without an aquatic farm or private fish hatchery license with a turtle endorsement or as specified under section 97C.605, subdivision 2c.

 

Sec. 14.  TURTLE SELLER'S LICENSES; TRANSFER AND RENEWAL.

 

The commissioner of natural resources must not renew or transfer a turtle seller's license after the effective date of this section.

 

Sec. 15.  APPROPRIATION; NONTOXIC SHOT.

 

Notwithstanding Minnesota Statutes, section 297A.94, $10,000 in fiscal year 2022 is appropriated from the heritage enhancement account in the game and fish fund to the commissioner of natural resources for implementing nontoxic shot requirements under Minnesota Statutes, section 97B.673.

 

Sec. 16.  REPEALER.

 

Minnesota Statutes 2020, section 97C.605, subdivisions 2, 2a, 2b, and 5, and Minnesota Rules, part 6256.0500, subparts 2, 2a, 2b, 4, 5, 6, 7, and 8, are repealed."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title as follows:

 

Page 1, line 5, delete everything after the first semicolon and insert "prohibiting certain insecticides on state lands; modifying blaze requirements for clothing and ground blinds; imposing small game shot restrictions;"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Public Safety and Criminal Justice Reform Finance and Policy.

 

      The report was adopted.

 

 

Hausman from the Committee on Housing Finance and Policy to which was referred:

 

H. F. No. 1634, A bill for an act relating to capital investment; authorizing the sale and issuance of housing infrastructure bonds; appropriating money for public housing rehabilitation; adding an eligible use of housing infrastructure bonds; authorizing the sale and issuance of state bonds; amending Minnesota Statutes 2020, section 462A.37, subdivisions 2, 5, by adding a subdivision.

 

Reported the same back with the following amendments:

 

Page 3, line 20, delete "$......." and insert "$400,000,000"

 

Page 5, line 13, delete "$......." and insert "$100,000,000"

 

Page 5, line 25, delete "$......." and insert "$100,000,000"

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Capital Investment.

 

      The report was adopted.


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

 

H. F. No. 1641, A bill for an act relating to corrections; requiring a working group to establish policy and procedures for federally recognized Indian tribes to participate in the Community Corrections Act subsidy program; requiring a report.

 

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

 

      The report was adopted.

 

 

Hansen, R., from the Committee on Environment and Natural Resources Finance and Policy to which was referred:

 

H. F. No. 1727, A bill for an act relating to agriculture; natural resources; establishing additional fencing requirements for farmed Cervidae; providing a moratorium on possessing white-tailed deer; transferring farmed Cervidae regulatory duties and powers from Board of Animal Health to Department of Natural Resources; amending Minnesota Statutes 2020, section 35.155, subdivisions 4, 10, 11, by adding a subdivision.

 

Reported the same back with the following amendments:

 

Page 1, after line 7, insert:

 

"Section 1.  Minnesota Statutes 2020, section 35.155, subdivision 1, is amended to read:

 

Subdivision 1.  Running at large prohibited.  (a) An owner may not allow farmed Cervidae to run at large.  The owner must make all reasonable efforts to return escaped farmed Cervidae to their enclosures as soon as possible.  The owner must immediately notify the commissioner of natural resources of the escape of farmed Cervidae if the farmed Cervidae are not returned or captured by the owner within 24 hours of their escape.

 

(b) An owner is liable for expenses of another person in capturing, caring for, and returning farmed Cervidae that have left their enclosures if the person capturing the farmed Cervidae contacts the owner as soon as possible.

 

(c) If an owner is unwilling or unable to capture escaped farmed Cervidae, the commissioner of natural resources may destroy the escaped farmed Cervidae.  The commissioner of natural resources must allow the owner to attempt to capture the escaped farmed Cervidae prior to destroying the farmed Cervidae.  Farmed Cervidae that are not captured by 24 hours after escape may be destroyed.

 

(d) A hunter licensed by the commissioner of natural resources under chapter 97A may kill and possess escaped farmed Cervidae in a lawful manner and is not liable to the owner for the loss of the animal.

 

(e) Escaped farmed Cervidae killed by a hunter or destroyed by the commissioner of natural resources must be tested for chronic wasting disease at the owner's expense.

 

EFFECTIVE DATE.  This section is effective September 1, 2021."

 

Page 2, after line 10, insert:

 

"Sec. 4.  Minnesota Statutes 2020, section 35.155, subdivision 6, is amended to read:

 

Subd. 6.  Identification.  (a) Farmed Cervidae must be identified by means approved by the Board of Animal Health.  The identification must include a distinct number that has not been used during the previous three years and must be visible to the naked eye during daylight under normal conditions at a distance of 50 yards.  The


Journal of the House - 23rd Day - Wednesday, March 10, 2021 - Top of Page 954

identification for white-tailed deer must also include contact information with a phone number or address that enables the reader to readily identify the owner of escaped deer.  This contact information does not need to be visible from a distance of 50 yards.  White-tailed deer must be identified before October 31 of the year in which the animal is born, at the time of weaning, or before movement from the premises, whichever occurs first.  Elk and other cervids must be identified by December 31 of the year in which the animal is born or before movement from the premises, whichever occurs first.  As coordinated by the board, the commissioner of natural resources may destroy any animal that is not identified as required under this subdivision.

 

(b) The Board of Animal Health shall register farmed Cervidae.  The owner must submit the registration request on forms provided by the board.  The forms must include sales receipts or other documentation of the origin of the Cervidae.  The board must provide copies of the registration information to the commissioner of natural resources upon request.  The owner must keep written records of the acquisition and disposition of registered farmed Cervidae.

 

EFFECTIVE DATE.  This section is effective September 1, 2022."

 

Page 3, after line 11, insert:

 

"Sec. 7.  Minnesota Statutes 2020, section 97A.505, subdivision 8, is amended to read:

 

Subd. 8.  Importing hunter-harvested Cervidae carcasses.  (a) Importing hunter-harvested Cervidae carcasses procured by any means into Minnesota is prohibited except for cut and wrapped meat, quarters or other portions of meat with no part of the spinal column or head attached, antlers, hides, teeth, finished taxidermy mounts, and antlers attached to skull caps that are cleaned of all brain tissue.  Hunter-harvested

 

(b) Cervidae carcasses taken originating from outside of Minnesota may be transported on a direct route through the state by nonresidents.

 

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

 

Page 3, after line 18, insert:

 

"Sec. 9.  ADOPT-A-DUMPSTER PROGRAM; APPROPRIATION.

 

$250,000 in fiscal year 2022 is appropriated from the general fund to the commissioner of natural resources for the chronic wasting disease adopt-a-dumpster program established under Laws 2019, First Special Session chapter 4, article 1, section 3, subdivision 6, paragraph (c).  This is a onetime appropriation and is in addition to other amounts appropriated for this purpose."

 

Page 3, lines 21 and 23, delete "5" and insert "8"

 

Renumber the sections in sequence and correct the internal references

 

Amend the title as follows:

 

Page 1, line 2, delete everything after "to" and insert "natural resources; modifying requirements for farmed Cervidae; transferring duty to regulate farmed Cervidae to commissioner of natural resources; modifying provisions to import Cervidae carcasses; appropriating money;"


Journal of the House - 23rd Day - Wednesday, March 10, 2021 - Top of Page 955

Page 1, delete lines 3 and 4

 

Page 1, line 5, delete everything before "amending"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Agriculture Finance and Policy.

 

      The report was adopted.

 

 

Nelson, M., from the Committee on State Government Finance and Elections to which was referred:

 

H. F. No. 1803, A bill for an act relating to ethics in government; making technical changes to provisions administered by the Campaign Finance and Public Disclosure Board, including provisions related to certain public officials, statements of economic interest, contributions, and disclosures; providing exceptions; amending Minnesota Statutes 2020, sections 10A.01, subdivision 35; 10A.09; 10A.20, subdivision 13; 10A.27, subdivision 13; 10A.275, subdivision 1; 10A.323; repealing Minnesota Statutes 2020, sections 116O.03, subdivision 9; 116O.04, subdivision 3.

 

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

 

      The report was adopted.

 

 

Pinto from the Committee on Early Childhood Finance and Policy to which was referred:

 

H. F. No. 1942, A bill for an act relating to health; authorizing access to certain birth records by an entity administering a children's savings program; amending Minnesota Statutes 2020, section 144.225, subdivision 2.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Judiciary Finance and Civil Law.

 

      The report was adopted.

 

 

SECOND READING OF HOUSE BILLS

 

 

      H. F. Nos. 203, 269, 537, 614, 749, 809, 901, 1020, 1074, 1403, 1438, 1466, 1641 and 1803 were read for the second time.

 

 

SECOND READING OF SENATE BILLS

 

 

      S. F. Nos. 395, 440 and 1354 were read for the second time.


Journal of the House - 23rd Day - Wednesday, March 10, 2021 - Top of Page 956

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

Reyer and Lee introduced:

 

H. F. No. 2081, A bill for an act relating to energy; requiring energy guidelines for state buildings to incorporate provisions that address resiliency with respect to climate change; amending Minnesota Statutes 2020, section 16B.325, subdivision 2.

 

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

 

 

Davids introduced:

 

H. F. No. 2082, A bill for an act relating to economic development; appropriating money for a grant to the Chosen Valley Care Center.

 

The bill was read for the first time and referred to the Committee on Workforce and Business Development Finance and Policy.

 

 

Lippert introduced:

 

H. F. No. 2083, A bill for an act relating to transportation fuels; establishing a standard to reduce the carbon intensity of transportation fuels; setting fees; creating an account; requiring a report; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 239.

 

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

 

 

Jordan and Lippert introduced:

 

H. F. No. 2084, A bill for an act relating to human services; appropriating money for recovery community organization grants.

 

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

 

 

Novotny introduced:

 

H. F. No. 2085, A bill for an act relating to state government; requiring legislative approval for extending a peacetime emergency past 30 days; amending Minnesota Statutes 2020, section 12.31, subdivision 2.

 

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


Journal of the House - 23rd Day - Wednesday, March 10, 2021 - Top of Page 957

Fischer introduced:

 

H. F. No. 2086, A bill for an act relating to game and fish; modifying trapping and snaring provisions; requiring reporting; requiring license forfeiture for certain violations; providing criminal penalties; amending Minnesota Statutes 2020, sections 97A.421, subdivision 1; 97B.903; 97B.931, subdivision 2, by adding a subdivision; 97B.951; proposing coding for new law in Minnesota Statutes, chapter 97B.

 

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

 

 

Wolgamott introduced:

 

H. F. No. 2087, A bill for an act relating to arts and cultural heritage; appropriating money for Great River Children's Museum.

 

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

 

 

Wolgamott introduced:

 

H. F. No. 2088, A bill for an act relating to public safety; establishing a variance for individuals who cannot provide a sufficient breath sample for an ignition interlock device due to a lung disease; amending Minnesota Statutes 2020, section 169A.55, subdivision 4.

 

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

 

 

Feist introduced:

 

H. F. No. 2089, A bill for an act relating to education finance; making technical changes to average daily membership definition; modifying extended time revenue formula; amending Minnesota Statutes 2020, sections 126C.05, subdivision 8; 126C.10, subdivision 2a.

 

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

 

 

Lueck introduced:

 

H. F. No. 2090, A bill for an act relating to taxation; individual income; providing a phase-in of a full subtraction for taxable Social Security benefits; amending Minnesota Statutes 2020, section 290.0132, subdivision 26.

 

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

 

 

Sundin, Lislegard, Greenman, Keeler and Ecklund introduced:

 

H. F. No. 2091, A bill for an act relating to taxation; individual income; expanding the subtraction for military retirement pay; amending Minnesota Statutes 2020, section 290.0132, subdivision 21.

 

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


Journal of the House - 23rd Day - Wednesday, March 10, 2021 - Top of Page 958

Ecklund introduced:

 

H. F. No. 2092, A bill for an act relating to taxation; sales and use; providing a construction materials exemption for certain school district facilities; amending Minnesota Statutes 2020, section 297A.71, subdivision 52.

 

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

 

 

Baker introduced:

 

H. F. No. 2093, A bill for an act relating to protected persons; creating a crime for administering controlled substances without a prescription; creating a crime for violating the bill of rights for protected persons; amending Minnesota Statutes 2020, sections 524.5-120; 609.2325, subdivision 1.

 

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

 

 

Heintzeman introduced:

 

H. F. No. 2094, A bill for an act relating to state government; repatriating the statue of Columbus on the Capitol grounds.

 

The bill was read for the first time and referred to the Committee on State Government Finance and Elections.

 

 

Heintzeman introduced:

 

H. F. No. 2095, A bill for an act relating to education; allowing postsecondary enrollment in summer courses; amending Minnesota Statutes 2020, section 124D.09, subdivision 9.

 

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

 

 

Sundin introduced:

 

H. F. No. 2096, A bill for an act relating to taxation; property; authorizing the creation of a fire and ambulance special taxing district.

 

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

 

 

Huot introduced:

 

H. F. No. 2097, A bill for an act relating to arts and cultural heritage; appropriating money to the Minnesota Zoological Garden.

 

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


Journal of the House - 23rd Day - Wednesday, March 10, 2021 - Top of Page 959

Grossell introduced:

 

H. F. No. 2098, A bill for an act relating to state lands; providing for disposition of proceeds from tax-forfeited land sales in Hubbard County.

 

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

 

 

Kiel introduced:

 

H. F. No. 2099, A bill for an act relating to health; modifying qualification requirements for nursing assistants and resident attendants; authorizing basic care aides to perform certain functions in nursing homes and boarding care homes; requiring the commissioner of health to seek federal waivers; amending Minnesota Statutes 2020, section 144A.62, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 144A.

 

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

 

 

Grossell introduced:

 

H. F. No. 2100, A bill for an act relating to public safety; directing the Sentencing Guidelines Commission to increase the rankings for certain child pornography crimes in a specified manner.

 

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

 

 

Franke introduced:

 

H. F. No. 2101, A bill for an act relating to the legislature; reducing legislator salaries.

 

The bill was read for the first time and referred to the Committee on State Government Finance and Elections.

 

 

Franke introduced:

 

H. F. No. 2102, A bill for an act relating to legislator compensation; providing options for legislators to donate salary; amending Minnesota Statutes 2020, section 3.101.

 

The bill was read for the first time and referred to the Committee on State Government Finance and Elections.

 

 

Greenman introduced:

 

H. F. No. 2103, A bill for an act relating to elections; authorizing mail balloting in any town or any city with fewer than 400 registered voters; amending Minnesota Statutes 2020, section 204B.45, subdivision 1.

 

The bill was read for the first time and referred to the Committee on State Government Finance and Elections.


Journal of the House - 23rd Day - Wednesday, March 10, 2021 - Top of Page 960

Greenman, Sundin, Hollins and Keeler introduced:

 

H. F. No. 2104, A bill for an act relating to elections; prohibiting intimidation, deceptive practices, and interference with voter registration and voting; providing penalties; amending Minnesota Statutes 2020, sections 8.31, subdivision 1; 211B.32, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 211B.

 

The bill was read for the first time and referred to the Committee on State Government Finance and Elections.

 

 

Nash introduced:

 

H. F. No. 2105, A bill for an act relating to state property; requiring sale of certain surplus property in city of St. Paul.

 

The bill was read for the first time and referred to the Committee on State Government Finance and Elections.

 

 

Theis introduced:

 

H. F. No. 2106, A bill for an act relating to emergency powers; nullifying Executive Order 20-79; prohibiting the governor from issuing modifications to landlord and tenant law; modifying requirements of 504B; amending Minnesota Statutes 2020, section 12.46.

 

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

 

 

Nash introduced:

 

H. F. No. 2107, A bill for an act relating to the Metropolitan Council; requiring local approval of gubernatorial appointees to the Metropolitan Council; providing a method for local governments to remove a member of the Metropolitan Council; amending Minnesota Statutes 2020, section 473.123, subdivisions 3, 4.

 

The bill was read for the first time and referred to the Committee on State Government Finance and Elections.

 

 

Long introduced:

 

H. F. No. 2108, A bill for an act relating to wells and borings; adding a definition for closed loop heat exchangers; specifying that a closed loop heat exchanger is an environmental well for purposes of chapter 103I; amending Minnesota Statutes 2020, section 103I.005, subdivisions 8a, 11, by adding a subdivision.

 

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

 

 

Long introduced:

 

H. F. No. 2109, A bill for an act relating to energy; appropriating money to install solar photovoltaic devices on state-owned buildings.

 

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


Journal of the House - 23rd Day - Wednesday, March 10, 2021 - Top of Page 961

Long introduced:

 

H. F. No. 2110, A bill for an act relating to energy; modifying a public utility reporting requirement; amending Minnesota Statutes 2020, section 216B.1691, subdivision 2f.

 

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

 

 

Koegel introduced:

 

H. F. No. 2111, A bill for an act relating to public safety; establishing a program of random testing to verify abstinence as a condition of release and probation for certain DWI offenses; amending Minnesota Statutes 2020, sections 169A.277, subdivision 2; 169A.44, subdivisions 1, 2.

 

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

 

 

Pinto introduced:

 

H. F. No. 2112, A bill for an act relating to early childhood; adjusting appropriations in fiscal year 2021 for a forecasted child care assistance program at the Department of Human Services.

 

The bill was read for the first time and referred to the Committee on Early Childhood Finance and Policy.

 

 

Morrison; Winkler; Xiong, J.; Hassan; Lee; Richardson; Gomez; Agbaje; Hollins; Her; Frazier; Vang; Koegel; Jordan; Stephenson; Noor; Mariani; Davnie; Berg; Becker-Finn; Olson, L.; Freiberg; Keeler; Hornstein; Fischer; Pinto; Thompson; Hansen, R.; Xiong, T.; Wolgamott; Moller; Boldon; Reyer; Edelson and Lippert introduced:

 

H. F. No. 2113, A bill for an act relating to health; establishing requirements for distribution of COVID-19 vaccines; providing for equitable COVID-19 vaccine distribution; requiring reporting and provision of certain data; proposing coding for new law in Minnesota Statutes, chapter 144.

 

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

 

 

MOTIONS AND RESOLUTIONS

 

 

      Hansen, R., moved that the name of Jurgens be added as an author on H. F. No. 30.  The motion prevailed.

 

      Wazlawik moved that the name of Jurgens be added as an author on H. F. No. 79.  The motion prevailed.

 

      Quam moved that the name of Bahner be added as an author on H. F. No. 81.  The motion prevailed.

 

      Davnie moved that the name of Stephenson be added as an author on H. F. No. 106.  The motion prevailed.

 

      Hertaus moved that the name of Burkel be added as an author on H. F. No. 121.  The motion prevailed.

 

      Davnie moved that the name of Carlson be added as an author on H. F. No. 148.  The motion prevailed.


Journal of the House - 23rd Day - Wednesday, March 10, 2021 - Top of Page 962

              Stephenson moved that the name of Hollins be added as an author on H. F. No. 164.  The motion prevailed.

 

      Becker-Finn moved that the name of Heinrich be added as an author on H. F. No. 310.  The motion prevailed.

 

      Franke moved that the name of Jurgens be added as an author on H. F. No. 323.  The motion prevailed.

 

      Jordan moved that the name of Lee be added as an author on H. F. No. 358.  The motion prevailed.

 

      Youakim moved that the name of Agbaje be added as an author on H. F. No. 378.  The motion prevailed.

 

      Wolgamott moved that the name of Reyer be added as an author on H. F. No. 429.  The motion prevailed.

 

      Xiong, J., moved that the name of Hollins be added as an author on H. F. No. 439.  The motion prevailed.

 

      Moller moved that the name of Frazier be added as an author on H. F. No. 502.  The motion prevailed.

 

      Moller moved that the name of Acomb be added as an author on H. F. No. 605.  The motion prevailed.

 

      Fischer moved that the name of Jurgens be added as an author on H. F. No. 630.  The motion prevailed.

 

      Feist moved that the name of Agbaje be added as an author on H. F. No. 657.  The motion prevailed.

 

      Becker-Finn moved that the names of Frazier and Poston be added as authors on H. F. No. 695.  The motion prevailed.

 

      Edelson moved that the name of Lillie be added as an author on H. F. No. 740.  The motion prevailed.

 

      Hornstein moved that the name of Lee be added as an author on H. F. No. 745.  The motion prevailed.

 

      Garofalo moved that the name of Rasmusson be added as an author on H. F. No. 777.  The motion prevailed.

 

      Sundin moved that the name of Dettmer be added as an author on H. F. No. 803.  The motion prevailed.

 

      Hollins moved that the name of Long be added as an author on H. F. No. 868.  The motion prevailed.

 

      Long moved that the names of Berg and Hanson, J., be added as authors on H. F. No. 922.  The motion prevailed.

 

      Pinto moved that the names of Boldon, Berg and Hanson, J., be added as authors on H. F. No. 947.  The motion prevailed.

 

      Acomb moved that the names of Lillie and Feist be added as authors on H. F. No. 976.  The motion prevailed.

 

      Lislegard moved that the name of Lillie be added as an author on H. F. No. 984.  The motion prevailed.

 

      Marquart moved that the name of Rasmusson be added as an author on H. F. No. 989.  The motion prevailed.

 

      Gomez moved that the name of Feist be added as an author on H. F. No. 1022.  The motion prevailed.

 

      Keeler moved that the name of Xiong, J., be added as an author on H. F. No. 1042.  The motion prevailed.


Journal of the House - 23rd Day - Wednesday, March 10, 2021 - Top of Page 963

              Winkler moved that the name of Moller be added as an author on H. F. No. 1074.  The motion prevailed.

 

      Hollins moved that the names of Huot, Wolgamott, Klevorn and Stephenson be added as authors on H. F. No. 1092.  The motion prevailed.

 

      Fischer moved that the name of Jurgens be added as an author on H. F. No. 1155.  The motion prevailed.

 

      Lippert moved that the names of Hamilton and Feist be added as authors on H. F. No. 1175.  The motion prevailed.

 

      Olson, L., moved that the name of Novotny be added as an author on H. F. No. 1192.  The motion prevailed.

 

      Klevorn moved that the names of Frazier and Moller be added as authors on H. F. No. 1199.  The motion prevailed.

 

      Richardson moved that the name of Hanson, J., be added as an author on H. F. No. 1200.  The motion prevailed.

 

      Boldon moved that the names of Moller and Wazlawik be added as authors on H. F. No. 1278.  The motion prevailed.

 

      Baker moved that the name of Olson, L., be added as an author on H. F. No. 1324.  The motion prevailed.

 

      Her moved that the names of Lee and Olson, L., be added as authors on H. F. No. 1332.  The motion prevailed.

 

      Baker moved that the name of Poston be added as an author on H. F. No. 1336.  The motion prevailed.

 

      Moller moved that the name of Lillie be added as an author on H. F. No. 1347.  The motion prevailed.

 

      Koegel moved that the name of Fischer be added as an author on H. F. No. 1383.  The motion prevailed.

 

      Frederick moved that the name of Freiberg be added as an author on H. F. No. 1431.  The motion prevailed.

 

      Sandstede moved that the name of Poston be added as an author on H. F. No. 1514.  The motion prevailed.

 

      Bliss moved that the name of Dettmer be added as an author on H. F. No. 1526.  The motion prevailed.

 

      Rasmusson moved that the name of Robbins be added as an author on H. F. No. 1559.  The motion prevailed.

 

      Hollins moved that the name of Long be added as an author on H. F. No. 1648.  The motion prevailed.

 

      Hornstein moved that the name of Pinto be added as an author on H. F. No. 1691.  The motion prevailed.

 

      Boldon moved that the name of Moller be added as an author on H. F. No. 1747.  The motion prevailed.

 

      Agbaje moved that the names of Gomez and Noor be added as authors on H. F. No. 1759.  The motion prevailed.

 

      Noor moved that the name of Xiong, J., be added as an author on H. F. No. 1784.  The motion prevailed.

 

      Her moved that the name of Keeler be added as an author on H. F. No. 1802.  The motion prevailed.

 

      Bierman moved that the name of Hollins be added as an author on H. F. No. 1851.  The motion prevailed.


Journal of the House - 23rd Day - Wednesday, March 10, 2021 - Top of Page 964

              Lippert moved that the name of Heinrich be added as an author on H. F. No. 1879.  The motion prevailed.

 

      Boldon moved that the names of Hornstein and Carlson be added as authors on H. F. No. 1902.  The motion prevailed.

 

      Boldon moved that the name of Lee be added as an author on H. F. No. 1904.  The motion prevailed.

 

      Lillie moved that the name of Bernardy be added as an author on H. F. No. 1908.  The motion prevailed.

 

      Hollins moved that the name of Lee be added as an author on H. F. No. 1924.  The motion prevailed.

 

      Heintzeman moved that the name of Dettmer be added as an author on H. F. No. 1934.  The motion prevailed.

 

      Mueller moved that the name of Olson, B., be added as an author on H. F. No. 1956.  The motion prevailed.

 

      Scott moved that the name of Poston be added as an author on H. F. No. 1964.  The motion prevailed.

 

      Novotny moved that the name of Poston be added as an author on H. F. No. 1967.  The motion prevailed.

 

      Novotny moved that the name of Poston be added as an author on H. F. No. 1968.  The motion prevailed.

 

      Akland moved that the name of Poston be added as an author on H. F. No. 1996.  The motion prevailed.

 

      Demuth moved that the name of Wazlawik be added as chief author on H. F. No. 2003.  The motion prevailed.

 

      Christensen moved that the names of Lislegard and Long be added as authors on H. F. No. 2054.  The motion prevailed.

 

 

 

      Albright moved that House Concurrent Resolution No. 1 be recalled from the Committee on Rules and Legislative Administration and be placed upon its adoption.

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Albright motion and the roll was called.  There were 63 yeas and 70 nays as follows:

 

      Those who voted in the affirmative were:

 


Akland

Albright

Anderson

Backer

Bahr

Baker

Bennett

Bliss

Boe

Burkel

Daniels

Daudt

Davids

Demuth

Dettmer

Drazkowski

Erickson

Franke

Franson

Garofalo

Green

Gruenhagen

Haley

Hamilton

Heinrich

Heintzeman

Hertaus

Igo

Johnson

Jurgens

Kiel

Koznick

Kresha

Lucero

Lueck

McDonald

Mekeland

Miller

Mortensen

Mueller

Munson

Nash

Nelson, N.

Neu Brindley

Novotny

O'Driscoll

Olson, B.

O'Neill

Petersburg

Pfarr

Pierson

Poston

Quam

Raleigh

Rasmusson

Robbins

Schomacker

Scott

Swedzinski

Theis

Torkelson

Urdahl

West


 


Journal of the House - 23rd Day - Wednesday, March 10, 2021 - Top of Page 965

              Those who voted in the negative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bernardy

Bierman

Boldon

Carlson

Christensen

Davnie

Ecklund

Edelson

Elkins

Feist

Fischer

Frazier

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hausman

Her

Hollins

Hornstein

Howard

Huot

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Lee

Liebling

Lillie

Lippert

Lislegard

Long

Mariani

Marquart

Masin

Moller

Moran

Morrison

Murphy

Nelson, M.

Noor

Olson, L.

Pelowski

Pinto

Pryor

Reyer

Richardson

Sandell

Sandstede

Schultz

Stephenson

Sundin

Thompson

Vang

Wazlawik

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

 

      The motion did not prevail.

 

 

MOTION TO SUSPEND RULES

 

      Mortensen moved that the rules of the House be so far suspended so that H. F. No. 501 be recalled from the Committee on Taxes, be given its second and third readings and be placed upon its final passage.  The motion did not prevail.

 

 

MOTION TO INVITE SENATE TO JOINT CONVENTION

 

      Winkler moved that the Chief Clerk be instructed to invite the Senate by message to a Joint Convention to be held on Monday, March 15, 2021, at 6:00 p.m., in the chamber of the House of Representatives to elect members to the Board of Regents of the University of Minnesota.  The motion prevailed.

 

 

ADJOURNMENT

 

      Winkler moved that when the House adjourns today it adjourn until 3:30 p.m., Thursday, March 11, 2021.  The motion prevailed.

 

      Winkler moved that the House adjourn.  The motion prevailed, and the Speaker declared the House stands adjourned until 3:30 p.m., Thursday, March 11, 2021.

 

 

Patrick D. Murphy, Chief Clerk, House of Representatives

 

 

 


 


Journal of the House - 23rd Day - Wednesday, March 10, 2021 - Top of Page 966