Journal of the House - 28th Day - Monday, March 22, 2021 - Top of Page 1267

STATE OF MINNESOTA

 

Journal of the House

 

NINETY-SECOND SESSION - 2021

 

_____________________

 

TWENTY-EIGHTH DAY

 

Saint Paul, Minnesota, Monday, March 22, 2021

 

 

      The House of Representatives convened at 3:30 p.m. and was called to order by Melissa Hortman, Speaker of the House.

 

      Prayer was offered by the Reverend Sarah Breckenridge, Senior Executive Pastor, St. Andrew's Lutheran Church, Mahtomedi, Minnesota.

 

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

 

      The roll was called and the following members were present:

 


Acomb

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

Grossell

Gruenhagen

Haley

Hamilton

Hansen, R.

Hanson, J.

Hausman

Heinrich

Heintzeman

Her

Hertaus

Hollins

Hornstein

Howard

Huot

Igo

Johnson

Jordan

Jurgens

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.

 

      Hassan was excused.

 

      The Chief Clerk proceeded to read the Journal of the preceding day.  There being no objection, further reading of the Journal was dispensed with and the Journal was approved as corrected by the Chief Clerk.


Journal of the House - 28th Day - Monday, March 22, 2021 - Top of Page 1268

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Marquart from the Committee on Taxes to which was referred:

 

H. F. No. 6, 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.

 

Reported the same back with the following amendments:

 

Page 8, line 28, after the semicolon, insert "and"

 

Page 8, line 30, delete "; and" and insert a period

 

Page 9, delete lines 1 and 2

 

Page 9, lines 7 and 9, after "3" insert "or a valuation freeze under subdivision 5"

 

Page 9, line 12, after "that" insert "(1)"

 

Page 9, line 13, after "2" insert ", and (2) have not received abatements or credits under Minnesota Statutes, sections 273.1231 to 273.1235, for a disaster or emergency that occurred in 2020"

 

Page 9, line 30, delete "receive an abatement under subdivision 3" and insert "submit an application under subdivision 2"

 

 

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. 12, A bill for an act relating to housing; providing for eviction and nonrenewal of lease procedures during and after a peacetime emergency; allowing for expungement of certain eviction actions filed during and after a peacetime emergency; preventing certain home foreclosure or contract for deed termination during and after a peacetime emergency.

 

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

 

      The report was adopted.

 

 

Hornstein from the Committee on Transportation Finance and Policy to which was referred:

 

H. F. No. 41, A bill for an act relating to employment; providing emergency paid sick leave to certain employees excluded from the federal Families First Coronavirus Response Act.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Public Safety and Criminal Justice Reform Finance and Policy.

 

      The report was adopted.


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

 

H. F. No. 108, A bill for an act relating to employment; prohibiting employers or prospective employers from requiring or using credit information as a condition of employment or for employment purposes; amending Minnesota Statutes 2020, section 181.53.

 

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. 389, A bill for an act relating to state government; enacting the Women of Color Opportunity Act; creating pilot projects; requiring a report; appropriating money.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

WOMEN OF COLOR OPPORTUNITY ACT

 

Section 1.  ACT.

 

This act may be referred to as the Women of Color Opportunity Act.

 

ARTICLE 2

SMALL BUSINESS DEVELOPMENT

 

Section 1.  EMERGING ENTREPRENEUR LOAN PROGRAM; APPROPRIATION.

 

$2,000,000 in fiscal year 2022 and $2,000,000 in fiscal year 2023 are appropriated from the general fund to the commissioner of employment and economic development for the Minnesota emerging entrepreneur loan program under Minnesota Statutes, section 116M.18.  Funds available under this section are for transfer into the emerging entrepreneur program special revenue fund account created under Minnesota Statutes, chapter 116M, and are available until expended.  Of these amounts, $1,000,000 each year is for loans targeted to entrepreneurs who are women of color and up to four percent is for administration and monitoring of the program.

 

Sec. 2.  BUSINESS DEVELOPMENT COMPETITIVE GRANT PROGRAM; APPROPRIATION.

 

$1,925,000 in fiscal year 2022 and $1,925,000 in fiscal year 2023 are appropriated from the general fund to the commissioner of employment and economic development for the business development competitive grant program.  Of these amounts, $500,000 each year is for grants to provide services and technical assistance targeted to entrepreneurs who are women of color and up to five percent is for administration and monitoring of the business development competitive grant program.  All grant awards shall be for two consecutive years.  Grants shall be awarded in the first year.


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ARTICLE 3

FINANCIAL LITERACY

 

Section 1.  COMPETITIVE GRANT PROGRAMS TO INCREASE THE FINANCIAL LITERACY OF GIRLS OF COLOR.

 

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

 

(b) "Commissioner" means the commissioner of education.

 

(c) "Eligible organization" means community-based organizations able to help girls or women of color become financially literate, Minnesota public elementary and secondary schools and postsecondary institutions offering financial literacy instruction and curricula, and other Minnesota organizations experienced in helping girls or women of color become financially literate, consistent with this section.

 

(d) "Financial literacy" means the knowledge and understanding needed to make responsible and appropriate personal financial decisions.

 

(e) "Girls of color" means females through age 17 who self-identify as American Indian, Asian, Black, or Hispanic.

 

(f) "Women of color" means females age 18 and older who self-identify as American Indian, Asian, Black, or Hispanic.

 

Subd. 2.  Grants.  The commissioner shall award competitive grants, to the extent funds are available, on a first‑come, first-served basis to eligible organizations to help girls and women of color gain financial literacy.  The commissioner must award at least two grants to eligible organizations serving girls of color in secondary school.  Instruction in financial literacy must be culturally specific and provided in the primary language of the girls or women of color receiving the instruction.

 

Subd. 3.  Report.  By January 15, 2022, the commissioner must submit a written report to the legislative committees having jurisdiction over kindergarten through grade 12 education containing information about the competitive grant program design, activities, expenditures, and outcomes disaggregated by categories of race, cultural group, family income, age, grade level, school district, geographical location, migrant, foreign immigrant status, home language, English learner status under Minnesota Statutes, section 124D.59, disability, homelessness, and foster care, to the extent the information is available and no individual can be personally identified from the information.  The commissioner must include in the report recommendations for a model program to increase the financial literacy of girls and women of color in Minnesota.

 

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

 

Sec. 2.  APPROPRIATION.

 

$....... in fiscal year 2022 is appropriated from the general fund to the commissioner of education for a competitive grant program to increase the financial literacy of girls and women of color under section 1.  This is a onetime appropriation and is available until expended.

 

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


Journal of the House - 28th Day - Monday, March 22, 2021 - Top of Page 1271

ARTICLE 4

STEM CAREERS

 

Section 1.  PILOT GRANT PROGRAM TO ENCOURAGE GIRLS OF COLOR TO EXPLORE AND PURSUE STEM CAREERS.

 

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

 

(b) "Best practices" means an innovative mentorship, internship, apprenticeship, or other applied or experiential learning opportunity available for girls of color in STEM occupations or fields.

 

(c) "Commissioner" means the commissioner of education.

 

(d) "Eligible organization" means community-based STEM-affiliated organizations experienced in serving girls of color, Minnesota public elementary and secondary schools providing STEM instruction and curricula, and other Minnesota STEM-affiliated organizations experienced in serving girls of color, consistent with the purposes of this section.

 

(e) "Girls of color" means females through age 17 who self-identify as American Indian, Asian, Black, or Hispanic.

 

(f) "STEM" means the subject areas of science, technology, engineering, and mathematics.

 

Subd. 2.  Grants; use of grant funds.  (a) The commissioner shall award grants to eligible organizations serving girls of color.  The eligible organizations receiving a grant must use grant funds to encourage and support girls of color in exploring and pursuing STEM careers consistent with paragraph (b).

 

(b) Grant recipients must use grant funds for one of two purposes:  (1) for opportunities for best practices to increase the awareness and interest of girls of color in STEM occupations and fields, to develop the knowledge and confidence of girls of color in STEM, and to increase the access of girls of color to secondary, dual credit, and postsecondary programs leading to STEM occupations; or (2) for financial assistance for services to help girls of color explore and pursue STEM careers while balancing their responsibilities for work, job skills training and education, and family caregiving, which may include financial assistance for child care, transportation, or safe and stable housing.

 

Subd. 3.  Outcomes.  The grant recipients must work together to develop a model program to encourage and support girls of color in exploring and pursuing STEM careers that other organizations may replicate and use.

 

Subd. 4.  Report.  By January 15, 2022, the commissioner must submit a written report to the chairs and ranking minority members of the legislative committees having jurisdiction over kindergarten through grade 12 education containing information about the pilot grant program design, activities, expenditures, and outcomes disaggregated by categories of race, cultural group, family income, age, grade level, school district, geographical location, migrant, foreign immigrant status, home language, English learner status under Minnesota Statutes, section 124D.59, disability, homelessness, and foster care, to the extent the information is available and no individual can be personally identified from that information.

 

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


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Sec. 2.  APPROPRIATION; PILOT GRANT PROGRAM TO ENCOURAGE AND SUPPORT GIRLS OF COLOR IN EXPLORING AND PURSUING STEM CAREERS.

 

$....... in fiscal year 2022 is appropriated from the general fund to the commissioner of education for a pilot grant program to encourage and support girls of color in exploring and pursuing STEM careers under section 1.  This is a onetime appropriation and is available until expended.

 

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

 

ARTICLE 5

ACADEMIC SUCCESS

 

Section 1.  PILOT GRANT PROGRAM TO INCREASE THE ACADEMIC SUCCESS OF GIRLS OF COLOR.

 

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

 

(b) "Commissioner" means the commissioner of education.

 

(c) "Eligible organization" means community-based organizations serving girls of color, Minnesota public elementary and secondary schools, and other Minnesota organizations experienced in working with girls of color, consistent with the purposes of this section.

 

(d) "Girls of color" means females through age 17 who self-identify as American Indian, Asian, Black, or Hispanic.

 

Subd. 2.  Grants.  The commissioner shall award grants to eligible organizations serving girls of color.  The eligible organizations receiving a grant must use grant funds to increase the academic success of girls of color, leading to reduced suspensions in public elementary and secondary schools and increased on-time high school graduation rates, and encourage their pursuit of a postsecondary education program.

 

Subd. 3.  Outcomes.  The grant recipients must work together to develop a model program that other organizations may replicate and use.

 

Subd. 4.  Report.  By January 15, 2022, the commissioner must submit a written report to the committees of the legislature with jurisdiction over kindergarten through grade 12 education containing information about the pilot grant program design, activities, expenditures, and outcomes disaggregated by categories of race; cultural group; family income; age; grade level; school district; geographical location; migrant; foreign immigrant status; home language; English learner status under Minnesota Statutes, section 124D.59; disability; homelessness; and foster care, to the extent the information is available and no individual can be personally identified from the information.

 

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

 

Sec. 2.  APPROPRIATION; PILOT GRANT PROGRAM TO INCREASE THE ACADEMIC SUCCESS OF GIRLS OF COLOR. 

 

$....... in fiscal year 2022 is appropriated from the general fund to the commissioner of education for a pilot grant program to increase the academic success of girls of color under section 1.  This is a onetime appropriation and is available until expended.

 

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


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ARTICLE 6

HIGH-WAGE, HIGH-DEMAND,

NONTRADITIONAL JOBS GRANTS

 

Section 1.  APPROPRIATION.

 

$....... in fiscal year 2022 is appropriated from the general fund to the commissioner of employment and economic development for the high-wage, high-demand, nontraditional jobs grant program under Minnesota Statutes, section 116L.99.

 

ARTICLE 7

WOMEN'S FOUNDATION OF MINNESOTA INTERNSHIP PROGRAM

 

Section 1.  APPROPRIATION.

 

(a) $....... in fiscal year 2022 and $....... in fiscal year 2023 are appropriated from the general fund to the commissioner of employment and economic development for a grant to the Women's Foundation of Minnesota to create and administer a statewide internship program for young women 17 years of age or older and under 25 years of age who are American Indian, Asian, Black, or Hispanic.  The program shall connect participants with internships in the public, private, and nonprofit sectors and subsidize intern wages.  This appropriation is available until June 30, 2022.

 

(b) By January 15, 2022, the commissioner shall submit to the legislative committees of the house of representatives and the senate having jurisdiction over economic development and workforce development policy and finance a report detailing the use of grant funds and program outcomes.  Where data is available, data in the report should be disaggregated by race, cultural group, family income, geographic location, status as a migrant or foreign immigrant, home language, English learners under Minnesota Statutes, section 124D.59, disability, and status of homelessness."

 

 

With the recommendation that when so amended 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. 401, A bill for an act relating to labor; providing a salary increase for employees in law enforcement and making a technical change; appropriating money; amending Laws 2020, Fifth Special Session chapter 3, article 9, section 6.

 

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

 

      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. 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 following amendments:

 

Page 1, line 12, delete "section" and insert "subdivision"

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Health 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. 478, A bill for an act relating to crime; providing guidance to courts on sentencing veterans for criminal offenses related to a service-related disorder; proposing coding for new law in Minnesota Statutes, chapter 609.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  [609.1056] MILITARY VETERANS; CRIMES COMMITTED BECAUSE OF CONDITIONS RESULTING FROM SERVICE; DISCHARGE AND DISMISSAL.

 

Subdivision 1.  Definitions.  As used in this section, the following terms have the meanings given:

 

(1) "applicable condition" means sexual trauma, traumatic brain injury, posttraumatic stress disorder, substance abuse, or a mental health condition;

 

(2) "eligible offense" means any misdemeanor or gross misdemeanor, and any felony that is ranked at severity level 7 or lower or D7 or lower on the Sentencing Guidelines grid;

 

(3) "pretrial diversion" means the decision of a prosecutor to refer a defendant to a diversion program on condition that the criminal charges against the defendant shall be dismissed after a specified period of time, or the case shall not be charged, if the defendant successfully completes the program of treatment recommended by the United States Department of Veterans Affairs or a local, state, federal, or private nonprofit treatment program; and

 

(4) "veterans treatment court program" means a program that has the following essential characteristics:

 

(i) the integration of services in the processing of cases in the judicial system;

 

(ii) the use of a nonadversarial approach involving prosecutors and defense attorneys to promote public safety and to protect the due process rights of program participants;

 

(iii) early identification and prompt placement of eligible participants in the program;


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(iv) access to a continuum of alcohol, controlled substance, mental health, and other related treatment and rehabilitative services;

 

(v) careful monitoring of treatment and services provided to program participants;

 

(vi) a coordinated strategy to govern program responses to participants' compliance;

 

(vii) ongoing judicial interaction with program participants;

 

(viii) monitoring and evaluation of program goals and effectiveness;

 

(ix) continuing interdisciplinary education to promote effective program planning, implementation, and operations;

 

(x) development of partnerships with public agencies and community organizations, including the United States Department of Veterans Affairs; and

 

(xi) inclusion of a participant's family members who agree to be involved in the treatment and services provided to the participant under the program.

 

Subd. 2.  Deferred prosecution.  (a) The court shall defer prosecution for an eligible offense committed by a defendant who was, or currently is, a member of the United States military as provided in this subdivision.  The court shall do this at the request of the defendant upon a finding of guilty after trial or upon a guilty plea.

 

(b) A defendant who requests to be sentenced under this subdivision shall release or authorize access to military service reports and records relating to the alleged applicable condition.  The court must file the records as confidential and designate that they remain sealed, except as provided in this paragraph.  In addition, the court may request, through existing resources, an assessment of the defendant.  The defendant, through existing records or licensed professional evaluation, shall establish the diagnosis of the condition, that it was caused by military service, and that the offense was committed as a result of the condition.  The court, on its own motion or the prosecutor's, with notice to defense counsel, may order the defendant to furnish to the court for in-camera review or to the prosecutor copies of all medical and military service reports and records previously or subsequently made concerning the defendant's condition and the condition's connection to service.

 

(c) Based on the record, the court shall determine whether, by clear and convincing evidence:  (1) the defendant suffered from an applicable condition at the time of the offense; (2) the applicable condition was caused by service in the United States military; and (3) the offense was committed as a result of the applicable condition.  Within 15 days of the court's determination, either party may file a challenge to the determination and demand a hearing on the defendant's eligibility under this subdivision.

 

(d) If the court makes the determination described in paragraph (c), the court shall, without entering a judgment of guilty, defer further proceedings and place the defendant on probation upon such reasonable conditions as it may require and for a period not to exceed the maximum period provided by law.  A court may extend a defendant's term of probation pursuant to section 609.135, subdivision 2, paragraphs (g) and (h).  Conditions ordered by the court must include treatment, services, rehabilitation, and education sufficient so that if completed, the defendant would be eligible for discharge and dismissal under subdivision 3.  In addition, the court shall order that the defendant undergo a chemical use assessment that includes a recommended level of care for the defendant in accordance with the criteria contained in rules adopted by the commissioner of human services under section 254A.03, subdivision 3.

 

(e) If the court determines that the defendant is eligible for a deferred sentence but the defendant has previously received one for a felony offense under this subdivision, the court may, but is not required to, impose a deferred sentence.  If the court does not impose a deferred sentence, the court may sentence the defendant as otherwise provided in law, including as provided in subdivision 4.


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(f) Upon violation of a condition of probation, the court may enter an adjudication of guilt and proceed as otherwise provided in law, including as provided in subdivision 4.

 

(g) As a condition of probation, the court may order the defendant to attend a local, state, federal, or private nonprofit treatment program for a period not to exceed the maximum period for which the defendant could have been incarcerated.

 

(h) The court, when issuing an order under this subdivision that a defendant attend an established treatment program, shall give preference to a treatment program that has a history of successfully treating veterans who suffer from applicable conditions caused by military service, including but not limited to programs operated by the United States Department of Defense or Veterans Affairs.

 

(i) The court and any assigned treatment program shall collaborate with, when available, the county veterans service officer and the United States Department of Veterans Affairs to maximize benefits and services provided to the defendant.

 

(j) If available in the county or judicial district having jurisdiction over the case, the defendant may be supervised by a veterans treatment court program under subdivision 5.  If there is a veterans treatment court that meets the requirements of subdivision 5 in the county in which the defendant resides or works, supervision of the defendant may be transferred to that county or judicial district veterans treatment court program.  Upon the defendant's successful or unsuccessful completion of the program, the veterans treatment court program shall communicate this information to the court of original jurisdiction for further action.

 

(k) Sentencing pursuant to this subdivision waives any right to administrative review pursuant to section 169A.53, subdivision 1, or judicial review pursuant to section 169A.53, subdivision 2, for a license revocation or cancellation imposed pursuant to section 169A.52, and also waives any right to administrative review pursuant to section 171.177, subdivision 10, or judicial review pursuant to section 171.177, subdivision 11, for a license revocation or cancellation imposed pursuant to section 171.177, if that license revocation or cancellation is the result of the same incident that is being sentenced.

 

Subd. 3.  Discharge and dismissal.  (a) Upon the expiration of the period of the defendant's probation the court shall hold a hearing to discharge the defendant from probation and determine whether to dismiss the proceedings against a defendant who received a deferred sentence under subdivision 2.  The hearing shall be scheduled so that the parties have adequate time to prepare and present arguments regarding the issue of dismissal.  The parties may submit written arguments to the court prior to the date of the hearing and may make oral arguments before the court at the hearing.  The defendant must be present at the hearing unless excused under Minnesota Rules of Criminal Procedure, rule 26.03, subdivision 1, clause (3).

 

(b) The court shall provide notice to any identifiable victim of the offense at least 15 days before the hearing is held.  Notice to victims of the offense under this subdivision must specifically inform the victim of the right to submit an oral or written statement to the court at the time of the hearing describing the harm suffered by the victim as a result of the crime and the victim's recommendation on whether dismissal should be granted or denied.  The judge shall consider the victim's statement when making a decision.  If a victim notifies the prosecutor of an objection to dismissal and is not present at the hearing, the prosecutor shall make the objections known to the court.

 

(c) The court shall dismiss proceedings against a defendant if the court finds by clear and convincing evidence that the defendant:

 

(1) is in substantial compliance with the conditions of probation;

 

(2) has successfully participated in court-ordered treatment and services to address the applicable condition caused by military service;


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(3) does not represent a danger to the health or safety of victims or others; and

 

(4) has demonstrated significant benefit from court-ordered education, treatment, or rehabilitation to clearly show that a discharge and dismissal under this subdivision is in the interests of justice.

 

(d) In determining the interests of justice, the court shall consider, among other factors, all of the following:

 

(1) the defendant's completion and degree of participation in education, treatment, and rehabilitation as ordered by the court;

 

(2) the defendant's progress in formal education;

 

(3) the defendant's development of career potential;

 

(4) the defendant's leadership and personal responsibility efforts;

 

(5) the defendant's contribution of service in support of the community;

 

(6) the level of harm to the community from the offense; and

 

(7) the statement of the victim, if any.

 

(e) If the court finds that the defendant does not qualify for discharge and dismissal under paragraph (c), the court shall enter an adjudication of guilt and proceed as otherwise provided in law, including as provided in subdivision 4.

 

(f) Discharge and dismissal under this subdivision shall be without court adjudication of guilt, but a not public record of the discharge and dismissal shall be retained by the Bureau of Criminal Apprehension for the purpose of use by the courts in determining the merits of subsequent proceedings against the defendant.  The not public record may also be opened only upon court order for purposes of a criminal investigation, prosecution, or sentencing.  Upon request by law enforcement, prosecution, or corrections authorities, the bureau shall notify the requesting party of the existence of the not public record and the right to seek a court order to open the not public record under this paragraph.  The court shall forward a record of any discharge and dismissal under this subdivision to the bureau, which shall make and maintain the not public record of the discharge and dismissal.  The discharge and dismissal shall not be deemed a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime or for any other purpose.  For purposes of this paragraph, "not public" has the meaning given in section 13.02, subdivision 8a.

 

Subd. 4.  Sentencing departure; waiver of mandatory sentence.  (a) This subdivision applies to defendants who plead or are found guilty of any criminal offense except one for which registration is required under section 243.166, subdivision 1b.

 

(b) Prior to sentencing, a defendant described in paragraph (a) may present proof to the court that the defendant has, since the commission of the offense, engaged in rehabilitative efforts consistent with those described in this section.  If the court determines that the defendant has engaged in substantial rehabilitative efforts and the defendant establishes by clear and convincing evidence that:

 

(1) the defendant suffered from an applicable condition at the time of the offense;

 

(2) the applicable condition was caused by service in the United States military; and


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(3) the offense was committed as a result of the applicable condition;

 

the court may determine that the defendant is particularly amenable to probation and order a mitigated durational or dispositional sentencing departure or a waiver of any statutory mandatory minimum sentence applicable to the defendant.

 

Subd. 5.  Optional veterans treatment court program; procedures for eligible defendants.  A county or judicial district may supervise probation under this section through a veterans treatment court, using county veterans service officers appointed under sections 197.60 to 197.606, United States Department of Veterans Affairs veterans justice outreach specialists, probation agents, and any other rehabilitative resources available to the court.

 

Subd. 6.  Creation of county and city diversion programs; authorization.  Any county or city may establish and operate a veterans pretrial diversion program for offenders eligible under subdivision 2 without penalty under section 477A.0175.

 

Subd. 7.  Exception.  This section does not apply to a person charged with an offense for which registration is required under section 243.166, subdivision 1b.

 

EFFECTIVE DATE.  This section is effective August 1, 2021, and applies to crimes committed on or after that date."

 

Delete the title and insert:

 

"A bill for an act relating to public safety; requiring discharge and dismissal of criminal charges against certain veterans with service-related disorders; proposing coding for new law in Minnesota Statutes, chapter 609."

 

 

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. 717, A bill for an act relating to judiciary; extending the civil statute of limitations for certain actions by peace officers; amending Minnesota Statutes 2020, sections 541.073, subdivision 2; 573.02, subdivision 1.

 

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. 800, A bill for an act relating to labor; providing safe workplaces for meat and poultry processing workers; authorizing rulemaking; requiring a report; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 179.

 

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

 

      The report was adopted.


Journal of the House - 28th Day - Monday, March 22, 2021 - Top of Page 1279

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

 

H. F. No. 903, A bill for an act relating to state government; establishing government-to-government relationship with Minnesota Tribal Nations; proposing coding for new law in Minnesota Statutes, chapter 10.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  [10.65] GOVERNMENT-TO-GOVERNMENT RELATIONSHIP WITH TRIBAL GOVERNMENTS.

 

Subdivision 1.  Recognition of Tribal status and relationship with the state of Minnesota.  (a) The state of Minnesota is home to 11 federally recognized Indian Tribes with elected Tribal government officials.  The state of Minnesota acknowledges and supports the unique status of Minnesota Tribes and their absolute right to existence, self-governance, and self-determination.

 

(b) The United States and the state of Minnesota have a unique relationship with federally recognized Indian Tribes, formed by the Constitution of the United States, treaties, statutes, case law, and agreements.

 

(c) The state of Minnesota and Minnesota Tribal governments significantly benefit from working together, learning from one another, and partnering where possible.

 

(d) Timely and meaningful consultation between the state of Minnesota and Minnesota Tribal governments will facilitate better understanding and informed decision-making by allowing for communication on matters of mutual interest and helping to establish mutually respectful and beneficial relationships between the state and Minnesota Tribal governments.

 

Subd. 2.  Definitions.  As used in this section, the following terms have the meanings given:

 

(1) "agency" means the Department of Administration, Department of Agriculture, Department of Commerce, Department of Corrections, Department of Education, Department of Employment and Economic Development, Department of Health, Office of Higher Education, Housing Finance Agency, Department of Human Rights, Department of Human Services, Office of MN.IT Services, Department of Iron Range Resources and Rehabilitation, Department of Labor and Industry, Minnesota Management and Budget, Bureau of Mediation Services, Department of Military Affairs, Metropolitan Council, Department of Natural Resources, Pollution Control Agency, Department of Public Safety, Department of Revenue, Department of Transportation, Department of Veterans Affairs, Gambling Control Board, Racing Commission, Minnesota Lottery, Animal Health Board, and Board of Water and Soil Resources;

 

(2) "consultation" means the direct and interactive involvement of Minnesota Tribal governments in the development of policy on matters that have Tribal implications.  Consultation is the proactive, affirmative process of identifying and seeking input from appropriate Tribal governments and considering their interest as a necessary and integral part of the decision-making process.  This definition adds to statutorily mandated notification procedures.  During a consultation, the burden is on the agency to show that it has made a good faith effort to elicit feedback.  Consultation is a formal engagement between agency officials and the governing body or bodies of an individual Minnesota Tribal government that the agency or an individual Tribal government may initiate.  Formal meetings or communication between top agency officials and the governing body of a Minnesota Tribal government is a necessary element of consultation;


Journal of the House - 28th Day - Monday, March 22, 2021 - Top of Page 1280

(3) "matters that have Tribal implications" means rules, legislative proposals, policy statements, or other actions that have substantial direct effects on one or more Minnesota Tribal governments, or on the distribution of power and responsibilities between the state and Minnesota Tribal governments;

 

(4) "Minnesota Tribal governments" means the federally recognized Indian Tribes located in Minnesota including:  Bois Forte Band; Fond du Lac Band; Grand Portage Band; Leech Lake Band; Mille Lacs Band; White Earth Band; Red Lake Nation; Lower Sioux Indian Community; Prairie Island Indian Community; Shakopee Mdewakanton Sioux Community; and Upper Sioux Community; and

 

(5) "timely and meaningful" means done or occurring at a favorable or useful time that allows the result of consultation to be included in the agency's decision-making process for a matter that has Tribal implications.

 

Subd. 3.  Consultation duties.  (a) An agency must recognize the unique legal relationship between the state of Minnesota and Minnesota Tribal governments, respect the fundamental principles that establish and maintain this relationship, and accord Tribal governments the same respect accorded to other governments.

 

(b) An agency must, in consultation with Minnesota Tribal governments, implement Tribal consultation policies to comply with this section and guide their work with Minnesota Tribal governments, and must submit these policies to the governor and lieutenant governor.  Tribal consultation policies must address the communication protocols for each Minnesota Tribal government, which must be developed in coordination with representatives of each Minnesota Tribal government.  An agency must update the Tribal consultation policies as often as required in order to facilitate timely and meaningful consultation, but no less than biannually.

 

(c) Consultation under this section is a duty of an agency to consult with the governing body or bodies of each individual Minnesota Tribal government.  Coordination with groups or entities that have representation on some or all of the governing bodies of Minnesota Tribal governments, such as the Minnesota Indian Affairs Council or the Minnesota Chippewa Tribe, is encouraged but does not satisfy an agency's duty to consult with individual Minnesota Tribal governments on matters that have Tribal implications.  If a matter has implications for one Minnesota Tribal government but not others, the agency's duty is to only consult those Minnesota Tribal governments affected.

 

(d) An agency must consult with each Minnesota Tribal government at least annually, and as often as it is required to address matters that have Tribal implications.

 

(e) An agency must consult with Minnesota Tribal governments on legislative and fiscal matters that affect one or all Minnesota Tribal governments or their members to identify priority issues in order to allow agencies to proactively engage Minnesota Tribal governments in the agency's development of legislative and fiscal proposals in time for submission into the governor's recommended budget and legislative proposals each year.

 

(f) An agency must develop and maintain ongoing consultation with Minnesota Tribal governments related to matters that have Tribal implications.  Agencies must consider the input gathered from Tribal consultation into their decision-making processes, with the goal of achieving mutually beneficial solutions.

 

(g) An agency and a Minnesota Tribal government may agree that a formal consultation is not necessary for a given year on a given matter that has Tribal implications, and the agency must keep a written record of this decision.

 

(h) The prospective duty to consult does not apply to action on a matter that has Tribal implications if immediate action is required to address a present and immediate threat to the health, safety, or welfare of Minnesota citizens.  For these actions, every effort should be made to communicate, and formal consultation should occur as soon as possible.  The duty to consult also does not apply to criminal proceedings or other investigations or legal proceedings that prohibit an agency from disclosure.


Journal of the House - 28th Day - Monday, March 22, 2021 - Top of Page 1281

(i) An agency must designate a Tribal liaison to assume responsibility for implementation of the Tribal consultation policy and to serve as the principal point of contact for Minnesota Tribal governments.  The Tribal liaison must be able to directly and regularly meet and communicate with the agency's commissioner and deputy and assistant commissioners in order to appropriately conduct government-to-government consultation and cooperation.

 

(j) The state has instituted Tribal state government relations training, which is the foundation and basis of all other Tribal government relations training sources.  All agencies must direct certain staff to complete available training to foster a collaborative relationship between the state of Minnesota and Minnesota Tribal governments, and to facilitate timely and meaningful consultation.  In addition to all commissioners, deputy commissioners, and assistant commissioners, at a minimum all agency employees whose work is likely to include matters that have Tribal implications must attend Tribal state relations training.  Tribal liaisons must actively support and participate in the Tribal state relations training.

 

(k) Any agency or board that is not listed in subdivision 2 is encouraged to and may engage in consultation and communication with Minnesota Tribal governments for all matters that have Tribal implications.

 

Subd. 4.  Applicability.  Nothing in this section requires the state or an agency to violate or ignore any laws, rules, directives, or other legal requirements or obligations imposed by state or federal law or set forth in agreements or compacts between one or more Minnesota Tribal governments or any other Tribal government and the state or its agencies.  This section is not intended to, and does not create, any right to administrative or judicial review, or any other right, benefit, or responsibility, substantive or procedural, enforceable against the state of Minnesota, its agencies or instrumentalities, its officers or employees, or its subdivisions or any other persons.  Nothing in this section prohibits or limits any agency from asserting any rights or pursuing any administrative or judicial action under state or federal law to effectuate the interests of the state of Minnesota or any of its agencies.  Nothing in this section is intended to alter or reduce the state's duties to individual Minnesota citizens including those of Native American descent.

 

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 government-to-government relationship with Minnesota Tribal governments; proposing coding for new law in Minnesota Statutes, chapter 10."

 

 

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. 927, A bill for an act relating to motor vehicles; modifying provisions governing manufactured home certificates of title; proposing coding for new law in Minnesota Statutes, chapter 168A; repealing Minnesota Statutes 2020, section 168A.141.

 

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

 

      The report was adopted.


Journal of the House - 28th Day - Monday, March 22, 2021 - Top of Page 1282

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

 

H. F. No. 965, A bill for an act relating to education; requiring special education recovery services and support plans for students with disabilities; appropriating money.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  SPECIAL EDUCATION RECOVERY SERVICES AND SUPPORTS.

 

Subdivision 1.  Special education recovery.  The commissioner of education, school districts, and charter schools must collaborate with families of students with disabilities as provided in this section to address the impact of disruptions to in-person instruction on students' access to a free appropriate public education related to the COVID-19 pandemic.

 

Subd. 2.  Special education services and supports.  (a) A school district or charter school that serves one or more students with disabilities must invite the parents of a student with a disability to a meeting of each individualized education program (IEP) team as soon as practicable but no later than December 1, 2021, to determine whether special education services and supports are necessary to address lack of progress on IEP goals or in the general education curriculum or loss of learning or skills due to disruptions related to the COVID-19 pandemic.  The services and supports may include but are not limited to extended school year services, additional IEP services, compensatory services, or other appropriate services.  This meeting may occur in an annual or other regularly scheduled IEP meeting.  If the IEP team determines that the services and supports are necessary, the team shall determine what services and supports are appropriate for the student and when and how those services should be provided, in accordance with relevant guidance from the Minnesota Department of Education and the United States Department of Education.  The services and supports must be included in the IEP of the student.  A district or charter school must report to the commissioner, in the form and manner determined by the commissioner, the services and supports provided to students with disabilities under this section, including the cost of providing the services.

 

(b) In determining whether a student is eligible for services and supports described in paragraph (a), and what services and supports are appropriate for the student, the IEP team must consider, in conjunction with any other considerations advised by guidance from the Minnesota Department of Education or the United States Department of Education:

 

(1) services and supports provided to the student before the disruptions to in-person instruction related to the COVID-19 pandemic;

 

(2) the ability of the student to access services and supports;

 

(3) the student's progress toward IEP goals, including the goals in the IEP in effect before disruptions to in‑person instruction related to the COVID-19 pandemic, and progress in the general education curriculum;

 

(4) the student's regression or lost skills resulting from disruptions to instruction;

 

(5) other significant influences on the student's ability to participate in and benefit from instruction related to the COVID-19 pandemic, including family loss, changed family circumstances, other trauma, and illness; and

 

(6) the types of services and supports that would benefit the student and improve the student's ability to benefit from school, including academic supports, behavioral supports, mental health supports, related services, and other services and supports.


Journal of the House - 28th Day - Monday, March 22, 2021 - Top of Page 1283

(c) When considering how and when the services and supports described in paragraph (a) should be provided, the IEP team must take into account the timing and delivery method most appropriate for the student, such as time of day, day of the week, or time of year; and the availability of other services accessible to the student to address learning loss.  The IEP team may determine that providers in addition to school district or charter school staff are most appropriate to provide the services and supports described in paragraph (a).

 

(d) A school district or charter school must make available the services and supports included in an IEP, as described in paragraph (a), until the IEP team determines that services and supports are no longer necessary to address lack of progress on IEP goals or in the general education curriculum or loss of learning or skills due to disruptions related to the COVID-19 pandemic.

 

Subd. 3.  Appropriations; fiscal year 2021.  $....... in fiscal year 2021 is appropriated from the general fund to the commissioner of education to provide school districts, charter schools, and cooperative districts funds to be used for services and supports provided to students with disabilities under this section and to compensate staff for performing activities required under this section.  Funds appropriated under this subdivision are available until June 30, 2023.

 

Subd. 4.  Appropriations; fiscal years 2022 and 2023.  $....... in fiscal year 2022 and $....... in fiscal year 2023 are appropriated from the general fund to the commissioner of education to provide school districts, charter schools, and cooperative districts funds to be used for services and supports provided to students with disabilities under this section and to compensate staff for performing activities required under this section.  Funds appropriated under this subdivision are available until June 30, 2023.  The base for fiscal year 2024 and later is $0.

 

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

 

Sec. 2.  FEDERAL FUNDS REPLACEMENT; APPROPRIATION.

 

Subdivision 1.  Suspension of statutory appropriation.  The appropriation in Minnesota Statutes, section 4.07, subdivision 3, does not apply to any federal funds for COVID-19 received by the state of Minnesota between March 1, 2021, and June 30, 2023, for which a general fund appropriation in this act is an eligible expenditure.  Federal funding for which this section applies shall not be used for any other purpose.

 

Subd. 2.  Cancellation.  If the state of Minnesota receives federal funds for COVID-19 between March 1, 2021, and June 30, 2023, for which any general fund appropriation enacted in this act is an eligible expenditure, the commissioner must cancel the general fund appropriation in this act in an amount up to, but not greater than, the amount appropriated in this act.  The commissioner may designate a portion of an appropriation for cancellation if the federal funds are not sufficient to replace the entire general fund appropriation.

 

Subd. 3.  Appropriation.  Each amount canceled under subdivision 2 is appropriated from the federal fund for the original purposes of the general fund appropriation in this act.  Any appropriation under this subdivision is a onetime appropriation.

 

Subd. 4.  Expiration.  This section does not apply to federal funds after the general fund appropriations in this act have been canceled and federal funds have been appropriated for the same purpose.

 

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

 

Delete the title and insert:

 

"A bill for an act relating to education; requiring special education recovery services and support plans for students with disabilities; providing for federal funds replacement of appropriations; appropriating money."

 

 

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

 

      The report was adopted.


Journal of the House - 28th Day - Monday, March 22, 2021 - Top of Page 1284

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

 

H. F. No. 984, A bill for an act relating to labor and industry; requiring outside contractors to have apprenticeship-level training to perform work at high-hazard facilities; amending Minnesota Statutes 2020, section 177.27, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 181.

 

Reported the same back with the following amendments:

 

Page 3, line 11, delete everything after the third period and insert "A person injured by a violation of this section may bring a civil action for damages against an owner or operator of an oil refinery.  The court may award to a prevailing plaintiff under this subdivision damages, attorney fees, costs, disbursements, and any other appropriate relief as otherwise provided by law."

 

Page 3, delete lines 12 to 17

 

 

With the recommendation that when so amended 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. 1015, A bill for an act relating to the State Building Code; modifying state building code applicability and fire sprinkler requirements for public places of accommodation; amending Minnesota Statutes 2020, section 326B.108, subdivisions 1, 3, by adding a subdivision.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 1042, A bill for an act relating to code enforcement; establishing a waiver process to the State Building Code and State Fire Code for members of recognized tribes; proposing coding for new law in Minnesota Statutes, chapters 299F; 326B.

 

Reported the same back with the following amendments:

 

Page 1, line 6, before "RECOGNIZED" insert "FEDERALLY"

 

Page 1, line 8, before "recognized" insert "federally"

 

Page 1, line 9, before "recognized" insert "federally" and after "tribes" insert ", direct lineal descendents of federally recognized tribes,"

 

Page 1, line 10, before "recognized" insert "federally"

 

Page 2, line 9, before "RECOGNIZED" insert "FEDERALLY"


Journal of the House - 28th Day - Monday, March 22, 2021 - Top of Page 1285

Page 2, line 11, before "recognized" insert "federally"

 

Page 2, delete line 13 and insert "federally recognized tribes, direct lineal descendents of federally recognized tribes, and organizations of members of federally recognized tribes may apply for these"

 

Amend the title as follows:

 

Page 1, line 3, before "recognized" insert "federally"

 

 

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.

 

 

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

 

H. F. No. 1081, A bill for an act relating to education; modifying provisions for prekindergarten through grade 12 including general education, education excellence, teachers, charter schools, special education, health, safety, nutrition, libraries, facilities, and state agencies; requiring reports; amending Minnesota Statutes 2020, sections 13.32, subdivision 3; 120A.22, subdivisions 7, 10; 120A.35; 120A.40; 120B.021, subdivisions 1, 3; 120B.024, subdivision 1; 120B.11, subdivisions 1, 1a, 2, 3; 120B.15; 120B.21; 120B.30, subdivision 1a, by adding subdivisions; 120B.35, subdivisions 3, 4; 121A.031, subdivisions 5, 6; 121A.41, subdivision 10, by adding subdivisions; 121A.425; 121A.45, subdivision 1; 121A.46, subdivision 4, by adding subdivisions; 121A.47, subdivisions 2, 14; 121A.53, subdivision 1; 121A.55; 121A.58; 121A.61; 122A.06, subdivisions 2, 5, 6, 7, 8, by adding a subdivision; 122A.07, subdivisions 1, 2, 4a; 122A.09, subdivisions 4, 6, 9, 10; 122A.091, subdivisions 1, 2; 122A.15, subdivision 1; 122A.16; 122A.18, subdivisions 7a, 8, 10; 122A.181, subdivisions 1, 2, 3, 4, 5, 6, by adding a subdivision; 122A.182, subdivisions 1, 2, 3, 4, 7; 122A.183, subdivisions 1, 2, 3, by adding a subdivision; 122A.184, subdivisions 1, 2; 122A.185, subdivisions 1, 4; 122A.187; 122A.19, subdivision 4; 122A.26, subdivision 2; 122A.31, subdivision 1; 122A.40, subdivisions 5, 8; 122A.41, subdivisions 2, 5; 122A.635, subdivisions 3, 4; 122A.70; 123B.147, subdivision 3; 124D.09, subdivisions 3, 7, 13; 124D.095, subdivision 2; 124D.111; 124D.128, subdivisions 1, 3; 124D.74, subdivision 1; 124D.78, subdivisions 1, 3; 124D.79, subdivision 2; 124D.791, subdivision 4; 124D.81, subdivision 1; 124D.861, subdivision 2; 124E.02; 124E.03, subdivision 2, by adding subdivisions; 124E.05, subdivisions 4, 6, 7; 124E.06, subdivisions 1, 4, 5; 124E.11; 124E.12, subdivision 1; 124E.13, subdivision 1; 124E.16, subdivision 1; 124E.25, subdivision 1a; 125A.08; 125A.094; 125A.0942; 134.34, subdivision 1; 144.4165; 179A.03, subdivision 19; 290.0679, subdivision 2; 469.176, subdivision 2; 609A.03, subdivision 7a; proposing coding for new law in Minnesota Statutes, chapters 120B; 121A; 122A; 124D; 127A; repealing Minnesota Statutes 2020, sections 120B.35, subdivision 5; 122A.091, subdivisions 3, 6; 122A.092; 122A.18, subdivision 7c; 122A.184, subdivision 3; 122A.23, subdivision 3; 122A.2451.

 

Reported the same back with the following amendments:

 

Page 11, line 11, strike "and"

 

Page 11, after line 11, insert:

 

"(7) one credit of physical education sufficient to satisfy all of the academic standards in physical education; and"


Journal of the House - 28th Day - Monday, March 22, 2021 - Top of Page 1286

Page 11, line 12, strike "(7)" and insert "(8)" and strike "seven" and insert "six"

 

Page 84, line 15, delete "All data from committee deliberations is" and insert "Data on individual teachers collected, created, received, maintained, or disseminated by the committee are"

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 1165, A bill for an act relating to environment; modifying certain requirements for labeling items as biodegradable or compostable; amending Minnesota Statutes 2020, section 325E.046.

 

Reported the same back with the following amendments:

 

Page 1, lines 9 and 18, reinstate the stricken "manufacturer, distributor, or wholesaler" and after "wholesaler" insert "may not sell or offer for sale and any other"

 

Page 1, lines 10 and 19, before "sell" insert "knowingly"

 

Page 2, line 11, delete everything after the period

 

Page 2, delete lines 12 to 17

 

Page 2, line 18, after "a" insert "manufacturer, distributor, or wholesaler may not sell or offer for sale and any other"

 

Page 2, line 19, before "sell" insert "knowingly" and after "sale" insert "in this state" and delete "person" and insert "covered product is certified as meeting"

 

Page 2, line 20, delete everything before the second "the" and delete "from" and insert "by"

 

 

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

 

      The report was adopted.

 

 

Hornstein from the Committee on Transportation Finance and Policy to which was referred:

 

H. F. No. 1199, A bill for an act relating to public safety; providing for reinstatement of driving privileges with ignition interlock; requiring manufacturers of ignition interlock device to pay for operating malfunctions; amending Minnesota Statutes 2020, sections 169A.55, subdivision 4; 171.306, subdivision 2.

 

Reported the same back with the following amendments:

 

Page 3, after line 21, insert:


Journal of the House - 28th Day - Monday, March 22, 2021 - Top of Page 1287

"Sec. 3.  IGNITION INTERLOCK PROGRAM; APPROPRIATION.

 

$537,000 in fiscal year 2022 and $390,000 in fiscal year 2023 are appropriated from the driver services operating account in the special revenue fund to the commissioner of public safety for the ignition interlock program under Minnesota Statutes, section 171.306.  This is a onetime appropriation."

 

Amend the title as follows:

 

Page 1, line 4, after the semicolon, insert "appropriating money;"

 

 

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. 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 recommendation that the bill be re-referred to the Committee on Workforce and Business Development Finance and Policy.

 

      The report was adopted.

 

 

Long from the Committee on Climate and Energy Finance and Policy to which was referred:

 

H. F. No. 1255, A bill for an act relating to energy; authorizing a power purchase agreement for certain electric cogeneration activities; amending Minnesota Statutes 2020, section 216B.2424, by adding subdivisions.

 

Reported the same back with the following amendments:

 

Page 1, line 10, delete the first and second "on"

 

Page 3, line 8, delete "accomplished" and insert "implemented"

 

Page 3, line 24, delete "modify, or reject" and insert "or approve as modified,"

 

Page 3, line 26, before the period, insert ", or the commission may reject the project if it finds that the project is not in the public interest"

 

Page 3, line 31, delete "sources"

 

Page 3, line 33, delete "through" and insert "from"

 

 

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

 

      The report was adopted.


Journal of the House - 28th Day - Monday, March 22, 2021 - Top of Page 1288

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

 

H. F. No. 1369, A bill for an act relating to corrections; establishing the Indeterminate Sentence Release Board; requiring a report; amending Minnesota Statutes 2020, section 244.05, subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 244.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 1488, A bill for an act relating to state government; reestablishing a Legislative Commission on Data Practices and Personal Data Privacy; proposing coding for new law in Minnesota Statutes, chapter 3.

 

Reported the same back with the following amendments:

 

Page 2, line 1, delete everything after "lobbyists" and insert ".  All commission members shall serve without compensation."

 

Page 2, delete line 2

 

Page 2, line 11, after "commission" insert "from existing resources"

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Judiciary Finance and Civil Law.

 

      The report was adopted.

 

 

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

 

H. F. No. 1644, A bill for an act relating to education; clarifying exceptions to school calendar start date; modifying the definition of hours of instruction; modifying the definition of average daily membership; modifying innovation zone provisions; modifying the flexible learning year program; providing for distance learning; amending Minnesota Statutes 2020, sections 120A.40; 120A.41; 120A.414; 124D.12; 124D.121; 124D.122; 124D.126, subdivision 1; 124D.127; 126C.05, subdivision 8; Laws 2017, First Special Session chapter 5, article 2, section 52; proposing coding for new law in Minnesota Statutes, chapter 124D; repealing Minnesota Rules, part 3500.1000.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2020, section 120A.41, is amended to read:

 

120A.41 LENGTH OF SCHOOL YEAR; HOURS OF INSTRUCTION.

 

(a) A school board's annual school calendar must include at least 425 hours of instruction for a kindergarten student without a disability, 935 hours of instruction for a student in grades 1 through 6, and 1,020 hours of instruction for a student in grades 7 through 12, not including summer school.  The school calendar for all-day


Journal of the House - 28th Day - Monday, March 22, 2021 - Top of Page 1289

kindergarten must include at least 850 hours of instruction for the school year.  The school calendar for a prekindergarten student under section 124D.151, if offered by the district, must include at least 350 hours of instruction for the school year.  A school board's annual calendar must include at least 165 days of instruction for a student in grades 1 through 11 unless a four-day week schedule has been approved by the commissioner under section 124D.126.

 

(b) A school board's annual school calendar may include plans for up to five days of instruction provided through online instruction due to inclement weather.  The inclement weather plans must be developed according to section 120A.414.

 

(c) Hours of instruction include all learning opportunities and services designed to support a student to be prepared to succeed and lead by having the knowledge and skills to learn, engage civically, and lead meaningful lives, through implementation of evidence-based practices, quality instruction, and personalized learning supports.  Such opportunities and services include but are not limited to blended learning, distance learning, project-based learning, work-based learning, service learning, supervised internships, and in-person learning in a school building.

 

Sec. 2.  [124D.097] DISTANCE INSTRUCTION OPTION.

 

Subdivision 1.  Definition.  "Distance instruction" means instruction provided to students remotely, with students and teachers interacting through synchronous and other online interactions, and students being provided appropriate education materials.  During the period of time when a student is participating exclusively in distance instruction for the full instructional day, the student is considered to be engaged in full-day distance instruction.

 

Subd. 2.  District option.  (a) A school district may offer a full-time distance instruction option to its enrolled resident students.  A distance instruction option may be part of a school's curriculum offerings.  A student may complete all educational expectations and graduation requirements under section 120B.02 through distance instruction.  A school district that offers distance instruction is not an online learning provider and is not subject to Department of Education approval under section 124D.095.

 

(b) A school district may assign a student who is participating in full-time distance instruction to a school site for purposes of determining compensatory revenue pupil units under section 126C.05, subdivision 3, and free and reduced-price meal eligibility under section 126C.05, subdivision 16.

 

EFFECTIVE DATE.  This section is effective for the 2021-2022 school year and later.

 

Sec. 3.  INSTRUCTION MODEL WORKING GROUP.

 

Subdivision 1.  Working group.  A working group is established to review how school districts and charter schools implemented distance and hybrid instruction due to disruptions to on-site instruction caused by COVID-19 and make recommendations to increase flexibility for school districts and charter schools to implement instruction models that meet students' diverse learning needs.

 

Subd. 2.  Definitions.  (a) For purposes of this section, the following terms have the meanings given them.

 

(b) "Distance instruction" means instruction provided to students remotely, with students and teachers interacting through synchronous and other online interactions, and students being provided appropriate education materials.

 

(c) "Hybrid instruction" means a manner of instruction that includes both on-site instruction as well as distance instruction.

 

(d) "On-site instruction" means instruction delivered in person by a teacher at a school facility.


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Subd. 3.  Duties.  (a) The working group must study the outcomes, challenges, and successes of distance instruction during the 2019-2020 and 2020-2021 school years.  In particular, the group must consider:

 

(1) the impact of lower class sizes on student engagement and academic growth;

 

(2) how modifications to the school calendar would affect learning retention and student engagement;

 

(3) the impact of distance instruction on students requiring special education services and supports, students identified as English learners, and students experiencing homelessness or who are highly mobile;

 

(4) the effect of distance instruction on students' social and emotional growth, student discipline, and bullying;

 

(5) how students' educational needs vary by age group; and

 

(6) students' access to technology.

 

(b) The working group must report its findings and recommendations to the chairs and ranking minority members of the legislative committees with jurisdiction over kindergarten through grade 12 education by January 17, 2022.  The report must be submitted in accordance with Minnesota Statutes, section 3.195.

 

(c) The commissioner of education must provide technical assistance and public data on student academic needs and performance, to the extent it is available, to help the working group make evidence-based recommendations.

 

(d) The working group expires January 18, 2022.

 

Subd. 4.  Members.  (a) The commissioner of education or the commissioner's designee must serve as a member of the working group.  In addition, by July 1, 2021, the commissioner of education must review applications to be named to the group and appoint the following group members:

 

(1) two superintendents;

 

(2) four teachers;

 

(3) two school board members;

 

(4) two students;

 

(5) one curriculum director;

 

(6) one assessment coordinator;

 

(7) two technology directors;

 

(8) one parent of a student enrolled in a school district or charter school;

 

(9) one special education director; and

 

(10) one representative of an online learning provider approved under Minnesota Statutes, section 124D.095.

 

(b) When appointing members to the working group, the commissioner must consider whether the working group represents communities of color, American Indian communities, and communities from throughout Minnesota.


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Subd. 5.  Meetings.  (a) The commissioner of education must convene the first meeting of the working group no later than August 30, 2021.  The working group must select a chair or cochairs from among its members at the first meeting.  The working group must meet periodically.

 

(b) The commissioner must provide technical and administrative assistance to the working group upon request.

 

(c) Working group members are not eligible to receive expenses or per diem payments for serving on the working group.

 

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

 

Delete the title and insert:

 

"A bill for an act relating to education; modifying the definition of hours of instruction; providing for distance instruction; establishing an instruction model working group; requiring a report; amending Minnesota Statutes 2020, section 120A.41; proposing coding for new law in Minnesota Statutes, chapter 124D."

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 1733, A bill for an act relating to local governments; allowing counties to collect soil and water conservation district fee on deed transfers and mortgage registration; establishing grant eligibility for counties from clean water fund; amending Minnesota Statutes 2020, section 114D.50, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 103C.

 

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. 1761, A bill for an act relating to courts; prohibiting execution of criminal sentences for certain probation violations; amending Minnesota Statutes 2020, section 609.14, subdivision 3.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2020, section 244.195, subdivision 2, is amended to read:

 

Subd. 2.  Detention pending hearing.  When it appears necessary to enforce discipline or to prevent a person on conditional release from escaping or absconding from supervision, a court services director has the authority to issue a written order directing any peace officer or any probation officer in the state serving the district and juvenile courts


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to detain and bring the person before the court or the commissioner, whichever is appropriate, for disposition.  If the person on conditional release commits a violation described in section 609.14, subdivision 1a, paragraph (a), the court services director must have a reasonable belief that the order is necessary to prevent the person from escaping or absconding from supervision or that the continued presence of the person in the community presents a risk to public safety before issuing a written order.  This written order is sufficient authority for the peace officer or probation officer to detain the person for not more than 72 hours, excluding Saturdays, Sundays, and holidays, pending a hearing before the court or the commissioner.

 

Sec. 2.  Minnesota Statutes 2020, section 401.025, subdivision 1, is amended to read:

 

Subdivision 1.  Peace officers and probation officers serving CCA counties.  (a) When it appears necessary to enforce discipline or to prevent a person on conditional release from escaping or absconding from supervision, the chief executive officer or designee of a community corrections agency in a CCA county has the authority to issue a written order directing any peace officer or any probation officer in the state serving the district and juvenile courts to detain and bring the person before the court or the commissioner, whichever is appropriate, for disposition.  If the person on conditional release commits a violation described in section 609.14, subdivision 1a, paragraph (a), the chief executive officer or designee must have a reasonable belief that the order is necessary to prevent the person from escaping or absconding from supervision or that the continued presence of the person in the community presents a risk to public safety before issuing a written order.  This written order is sufficient authority for the peace officer or probation officer to detain the person for not more than 72 hours, excluding Saturdays, Sundays, and holidays, pending a hearing before the court or the commissioner.

 

(b) The chief executive officer or designee of a community corrections agency in a CCA county has the authority to issue a written order directing a peace officer or probation officer serving the district and juvenile courts to release a person detained under paragraph (a) within 72 hours, excluding Saturdays, Sundays, and holidays, without an appearance before the court or the commissioner.  This written order is sufficient authority for the peace officer or probation officer to release the detained person.

 

(c) The chief executive officer or designee of a community corrections agency in a CCA county has the authority to issue a written order directing any peace officer or any probation officer serving the district and juvenile courts to detain any person on court-ordered pretrial release who absconds from pretrial release or fails to abide by the conditions of pretrial release.  A written order issued under this paragraph is sufficient authority for the peace officer or probation officer to detain the person.

 

EFFECTIVE DATE.  This section is effective August 1, 2021, and applies to violations that occur on or after that date.

 

Sec. 3.  Minnesota Statutes 2020, section 609.14, subdivision 1, is amended to read:

 

Subdivision 1.  Grounds.  (a) When it appears that the defendant has violated any of the conditions of probation or intermediate sanction, or has otherwise been guilty of misconduct which warrants the imposing or execution of sentence, the court may without notice revoke the stay and direct that the defendant be taken into immediate custody.  Revocation should only be used as a last resort when rehabilitation has failed.

 

(b) When it appears that the defendant violated any of the conditions of probation during the term of the stay, but the term of the stay has since expired, the defendant's probation officer or the prosecutor may ask the court to initiate probation revocation proceedings under the Rules of Criminal Procedure at any time within six months after the expiration of the stay.  The court also may initiate proceedings under these circumstances on its own motion.  If proceedings are initiated within this six-month period, the court may conduct a revocation hearing and take any action authorized under rule 27.04 at any time during or after the six-month period.


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(c) Notwithstanding the provisions of section 609.135 or any law to the contrary, after proceedings to revoke the stay have been initiated by a court order revoking the stay and directing either that the defendant be taken into custody or that a summons be issued in accordance with paragraph (a), the proceedings to revoke the stay may be concluded and the summary hearing provided by subdivision 2 may be conducted after the expiration of the stay or after the six-month period set forth in paragraph (b).  The proceedings to revoke the stay shall not be dismissed on the basis that the summary hearing is conducted after the term of the stay or after the six-month period.  The ability or inability to locate or apprehend the defendant prior to the expiration of the stay or during or after the six-month period shall not preclude the court from conducting the summary hearing unless the defendant demonstrates that the delay was purposefully caused by the state in order to gain an unfair advantage.

 

EFFECTIVE DATE.  This section is effective August 1, 2021, and applies to violations that occur on or after that date.

 

Sec. 4.  Minnesota Statutes 2020, section 609.14, is amended by adding a subdivision to read:

 

Subd. 1a.  Violations where policies favor continued rehabilitation.  (a) Correctional treatment is better provided through a community resource than through confinement, it would not unduly depreciate the seriousness of the violation if probation was not revoked, and the policies favoring probation outweigh the need for confinement if a person has not previously violated a condition of probation or intermediate sanction and does any of the following in violation of a condition imposed by the court:

 

(1) fails to abstain from the use of controlled substances without a valid prescription, unless the person is under supervision for a violation of:

 

(i) section 169A.20;

 

(ii) 609.2112, subdivision 1, paragraph (a), clauses (2) to (6); or

 

(iii) 609.2113, subdivision 1, clauses (2) to (6), subdivision 2, clauses (2) to (6), or subdivision 3, clauses (2) to (6);

 

(2) fails to abstain from the use of alcohol, unless the person is under supervision for a violation of:

 

(i) section 169A.20;

 

(ii) 609.2112, subdivision 1, paragraph (a), clauses (2) to (6); or

 

(iii) 609.2113, subdivision 1, clauses (2) to (6), subdivision 2, clauses (2) to (6), or subdivision 3, clauses (2) to (6);

 

(3) possesses drug paraphernalia in violation of section 152.092;

 

(4) fails to obtain or maintain employment;

 

(5) fails to pursue a course of study or vocational training;

 

(6) fails to report a change in employment, unless the person is prohibited from having contact with minors and the employment would involve such contact;

 

(7) violates a curfew;

 

(8) fails to report contact with a law enforcement agency, unless the person was charged with a misdemeanor, gross misdemeanor, or felony; or


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(9) commits any offense for which the penalty is a petty misdemeanor.

 

(b) A violation by a person described in paragraph (a) does not warrant the imposition or execution of sentence and the court may not direct that the person be taken into immediate custody unless the court receives a written report, signed under penalty of perjury pursuant to section 358.116, showing probable cause to believe the person violated probation and establishing by a preponderance of the evidence that the continued presence of the person in the community would present a risk to public safety.  If the court does not direct that the person be taken into custody, the court may request a supplemental report from the supervising agent containing:

 

(1) the specific nature of the violation;

 

(2) the response of the person under supervision to the violation, if any; and

 

(3) the actions the supervising agent has taken or will take to address the violation.

 

EFFECTIVE DATE.  This section is effective August 1, 2021, and applies to violations that occur on or after that date."

 

Delete the title and insert:

 

"A bill for an act relating to courts; prohibiting revocation of probation for certain violations unless the person poses a risk to public safety; amending Minnesota Statutes 2020, sections 244.195, subdivision 2; 401.025, subdivision 1; 609.14, subdivision 1, by adding a subdivision."

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Judiciary Finance and Civil Law.

 

      The report was adopted.

 

 

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

 

H. F. No. 1913, A bill for an act relating to insurance; establishing an Insurance Data Security Law; proposing coding for new law in Minnesota Statutes, chapter 60A; repealing Minnesota Statutes 2020, sections 60A.98; 60A.981; 60A.982.

 

Reported the same back with the following amendments:

 

Page 2, line 18, delete everything after "Health" and insert "under chapters 59A to 62M and 62Q to 79A."

 

Page 2, delete lines 19 and 20

 

Page 8, line 1, before "By" insert "(a) Subject to paragraph (b)," and delete "February" and insert "April"

 

Page 8, after line 9, insert:

 

"(b) The commissioner must post on the department's website, no later than 60 days prior to the certification required by paragraph (a), the form and manner of submission required and any instructions necessary to prepare the certification."

 

Page 15, line 3, delete "and" and insert a comma and before "provided" insert "and 60A.9853, subdivisions 3 to 5,"

 

 

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

 

      The report was adopted.


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

 

H. F. No. 2024, A bill for an act relating to commerce; modifying various provisions governing or administered by the Department of Commerce; making technical changes; requiring a report; amending Minnesota Statutes 2020, sections 60A.71, subdivision 7; 79.55, subdivision 10; 80G.06, subdivision 1; 82.57, subdivisions 1, 5; 82.62, subdivisions 2, 3; 82.81, subdivision 12, by adding a subdivision; 82B.021, subdivision 18; 82B.11, subdivision 3; 332.33, subdivision 3, by adding a subdivision; 386.375, subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 80G; 332; repealing Minnesota Statutes 2020, section 45.017.

 

Reported the same back with the following amendments:

 

Page 4, delete section 7

 

Page 4, line 18, reinstate the stricken language

 

Page 4, line 19, reinstate everything before the colon and after the stricken colon, insert "all requirements for renewal, including continuing education requirements, have been completed and reported pursuant to section 45.43, subdivision 1."

 

Page 7, delete section 10

 

Page 8, delete section 14

 

Page 9, after line 13, insert:

 

"Sec. 14.  CONSUMER DEBT COLLECTION LANGUAGE BARRIER WORKING GROUP.

 

Subdivision 1.  Establishment.  The commissioner of commerce shall convene a working group to review language barriers and the effect on creditors, debt collectors, and limited English proficient communities.

 

Subd. 2.  Membership.  The working group consists of the following members:

 

(1) the commissioner of commerce or a designee;

 

(2) one member appointed by the Attorney General's Office;

 

(3) two members of the public representing creditors or debt collectors, appointed by the industry and subject to approval by the commissioner of commerce;

 

(4) two members of the public representing consumer rights, appointed by consumer rights advocate organizations and subject to approval by the commissioner of commerce;

 

(5) one member appointed by the Council for Minnesotans of African Heritage;

 

(6) one member appointed by the Minnesota Council on Latino Affairs;

 

(7) one member appointed by the Council on Asian-Pacific Minnesotans; and

 

(8) two members appointed by the Indian Affairs Council.


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Subd. 3.  Report.  (a) By January 1, 2022, the commissioner of commerce shall report to the chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over commerce with the working group's recommendations to address language barriers between creditors, debt collectors, and consumers.

 

(b) The working group shall examine:

 

(1) current practices for communicating with consumers in the consumer's preferred language when attempting to collect a debt or enforce a lien;

 

(2) the availability of translation services or a written glossary of financial terms for consumers whose primary language is not English; and

 

(3) state and federal laws involving these issues.

 

Sec. 15.  COLLECTION AGENCY EMPLOYEES; WORK FROM HOME.

 

An employee of a collection agency licensed under Minnesota Statutes, chapter 332, may work from a location other than the licensee's business location if the licensee and employee comply with all the requirements of Minnesota Statutes, section 332.33, that would apply if the employee were working at the business location.

 

EFFECTIVE DATE.  This section expires May 31, 2022."

 

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 3, delete everything after the second semicolon and insert "establishing a working group; requiring reports;"

 

Correct the title numbers accordingly

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 2044, A bill for an act relating to energy; establishing a nonprofit corporation to provide financing and leverage private investment for clean energy and other projects; requiring a report; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 216C.

 

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

 

      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. 2077, A bill for an act relating to public safety; establishing an advisory committee to the commissioner of public safety for the certification of firefighters; appropriating money; amending Minnesota Statutes 2020, section 299N.04, subdivisions 1, 2, by adding subdivisions.

 

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. 2124, A bill for an act relating to human rights; creating an office for missing and murdered indigenous relatives; requiring a report; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 241.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Public Safety and Criminal Justice Reform Finance and Policy.

 

      The report was adopted.

 

 

Hornstein from the Committee on Transportation Finance and Policy to which was referred:

 

H. F. No. 2126, A bill for an act relating to public safety; authorizing release of crash reports to prosecuting attorneys; amending Minnesota Statutes 2020, section 169.09, subdivision 13.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 2226, A bill for an act relating to housing; appropriating money to the Minnesota Housing Finance Agency for the workforce and affordable homeownership development program.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 2227, A bill for an act relating to housing; appropriating money to the Minnesota Housing Finance Agency for the economic development and housing challenge program.

 

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

 

      The report was adopted.


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

 

H. F. No. 2245, A bill for an act relating to real property; extending sunset of temporary exception for certain filings of mortgages and deeds of trust; amending Laws 2020, chapter 118, section 4.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 2265, A bill for an act relating to human services; adjusting appropriations in fiscal year 2021 for certain forecasted programs at the Department of Human Services.

 

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. 2324, A bill for an act relating to health; appropriating money for the operation of the Emergency Medical Services Regulatory Board.

 

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

 

      The report was adopted.

 

 

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

 

Senate Concurrent Resolution No. 4, A Senate concurrent resolution relating to adjournment for more than three days.

 

Reported the same back with the recommendation that the Senate concurrent resolution be adopted.

 

      The report was adopted.

 

 

SECOND READING OF HOUSE BILLS

 

 

      H. F. Nos. 108, 717, 903, 984, 1015, 1255, 1913, 2024, 2126 and 2245 were read for the second time.


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INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

Bierman introduced:

 

H. F. No. 2326, A bill for an act relating to human services; adding two members to the opioid prescribing working group; changing requirements of annual prescribing reports related to the opioid prescribing improvement program; amending Minnesota Statutes 2020, section 256B.0638, subdivisions 3, 7.

 

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

 

 

Howard and Elkins introduced:

 

H. F. No. 2327, A bill for an act relating to health care; requiring the commissioner of management and budget to use a reverse auction for the procurement of a pharmacy benefit manager to manage and administer the prescription drug benefit for the State Employees Group Insurance Program; proposing coding for new law in Minnesota Statutes, chapter 43A.

 

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

 

 

Pryor introduced:

 

H. F. No. 2328, A bill for an act relating to health; appropriating money for subsidies to federally qualified health centers.

 

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

 

 

Johnson introduced:

 

H. F. No. 2329, A bill for an act relating to transportation; appropriating money for improvements to marked Trunk Highway 95 and a railroad switch project in the city of Cambridge; authorizing the sale and issuance of state bonds.

 

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

 

 

Baker introduced:

 

H. F. No. 2330, A bill for an act relating to labor and industry; creating definitions for chemical dispensing system and dishwashing machine; modifying requirements for installation; amending Minnesota Statutes 2020, sections 326B.42, by adding subdivisions; 326B.46, subdivision 1.

 

The bill was read for the first time and referred to the Committee on Labor, Industry, Veterans and Military Affairs Finance and Policy.


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Morrison introduced:

 

H. F. No. 2331, A bill for an act relating to natural resources; appropriating money for lawns to legumes grant program.

 

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

 

 

Akland introduced:

 

H. F. No. 2332, A bill for an act relating to higher education; expanding the Z-Degree program; appropriating money; amending Minnesota Statutes 2020, section 136F.305, subdivisions 2, 3, 4.

 

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

 

 

Heinrich introduced:

 

H. F. No. 2333, A bill for an act relating to public safety; establishing requirements to set salaries for Minnesota State Patrol troopers; modifying prior appropriations; amending Minnesota Statutes 2020, section 43A.17, by adding a subdivision; Laws 2020, Fifth Special Session chapter 3, article 9, section 5, subdivision 7.

 

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

 

 

Agbaje and Lee introduced:

 

H. F. No. 2334, A bill for an act relating to environment; providing for environmental justice considerations in determining certain state permitting; amending Minnesota Statutes 2020, sections 116.06, by adding subdivisions; 116.07, subdivision 6; proposing coding for new law in Minnesota Statutes, chapter 116.

 

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

 

 

Nash introduced:

 

H. F. No. 2335, A bill for an act relating to elections; amending process for challenged voters; providing notice of challenge and process to contest challenge; requiring use of challenged ballots in certain circumstances; providing a penalty; making conforming changes; amending Minnesota Statutes 2020, sections 201.061, subdivision 4; 201.091, subdivision 4; 201.145, subdivision 1, by adding a subdivision; 204C.10; 204C.12, subdivisions 2, 3; 204C.14, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 201; 204C.

 

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

 

 

Hornstein introduced:

 

H. F. No. 2336, A bill for an act relating to environmental protection; appropriating money to hire additional regulatory staff.

 

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


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Hornstein introduced:

 

H. F. No. 2337, A bill for an act relating to transportation; establishing a special license plate for honorary consuls; proposing coding for new law in Minnesota Statutes, chapter 168.

 

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

 

 

O'Neill, Mueller and Robbins introduced:

 

H. F. No. 2338, 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.

 

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

 

 

Mueller introduced:

 

H. F. No. 2339, A bill for an act relating to capital investment; appropriating money for a segment of the Shooting Star state trail; authorizing the sale and issuance of state bonds.

 

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

 

 

Olson, L., introduced:

 

H. F. No. 2340, A bill for an act relating to capital investment; appropriating money for rehabilitation of the Grassy Point railroad bridge; authorizing the sale and issuance of state bonds.

 

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

 

 

Sundin, Frederick and Feist introduced:

 

H. F. No. 2341, A bill for an act relating to capital investment; appropriating money to construct offices and research laboratories at two Agricultural Utilization Research Institute locations.

 

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

 

 

Carlson introduced:

 

H. F. No. 2342, A bill for an act relating to commerce; regulating debt settlement services providers; amending Minnesota Statutes 2020, section 332B.02, subdivision 13.

 

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


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Olson, L., introduced:

 

H. F. No. 2343, A bill for an act relating to arts and cultural heritage; appropriating money for Duluth Children's Museum.

 

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

 

 

Igo and Theis introduced:

 

H. F. No. 2344, A bill for an act relating to taxation; sales and use; exempting purchases of certain building materials and supplies; amending Minnesota Statutes 2020, section 297A.71, by adding a subdivision.

 

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

 

 

Igo introduced:

 

H. F. No. 2345, A bill for an act relating to arts and cultural heritage; appropriating money for Judy Garland Museum.

 

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

 

 

Urdahl introduced:

 

H. F. No. 2346, A bill for an act relating to capital investment; appropriating money to reconstruct the aquatic center in Pelican Rapids; authorizing the sale and issuance of state bonds.

 

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

 

 

Gruenhagen introduced:

 

H. F. No. 2347, A bill for an act relating to health; establishing a vaccine recipient bill of rights; proposing coding for new law in Minnesota Statutes, chapter 145.

 

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

 

 

Gruenhagen introduced:

 

H. F. No. 2348, A resolution for the State of Minnesota to protect its citizens against unconstitutional and medically irresponsible COVID-19 vaccine mandates.

 

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


Journal of the House - 28th Day - Monday, March 22, 2021 - Top of Page 1303

Becker-Finn introduced:

 

H. F. No. 2349, A bill for an act relating to corrections; establishing the Minnesota Rehabilitation and Reinvestment Act; providing for earned incentive release and supervision abatement status; requiring reports; appropriating money; amending Minnesota Statutes 2020, sections 244.03; 244.05, subdivision 1b; proposing coding for new law in Minnesota Statutes, chapter 244.

 

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

 

 

Jordan introduced:

 

H. F. No. 2350, A bill for an act relating to state government; appropriating money for the Minnesota State Historic Preservation Office.

 

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

 

 

Ecklund introduced:

 

H. F. No. 2351, A bill for an act relating to natural resources; modifying definition of all-terrain vehicle; amending Minnesota Statutes 2020, section 84.92, subdivision 8.

 

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

 

 

Kotyza-Witthuhn, Wazlawik and Jordan introduced:

 

H. F. No. 2352, A bill for an act relating to child care; appropriating funds to the Department of Employment and Economic Development for grants to communities, the Minnesota Initiatives Foundations, and WomenVenture to increase the number of quality child care providers.

 

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

 

 

Feist and Sundin introduced:

 

H. F. No. 2353, A bill for an act relating to data practices; classifying education support service data; proposing coding for new law in Minnesota Statutes, chapter 13.

 

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

 

 

Feist and Sundin introduced:

 

H. F. No. 2354, A bill for an act relating to judgments; enacting the Uniform Registration of Canadian Money Judgments Act adopted and recommended for passage by the National Conference of Commissioners on Uniform State Laws; proposing coding for new law in Minnesota Statutes, chapter 548.

 

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


Journal of the House - 28th Day - Monday, March 22, 2021 - Top of Page 1304

Boe introduced:

 

H. F. No. 2355, A bill for an act relating to transportation; appropriating money for a new bus garage for Eastern Carver County Schools; authorizing the sale and issuance of state bonds.

 

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

 

 

Boe, Raleigh and Jurgens introduced:

 

H. F. No. 2356, A bill for an act relating to solid waste; incorporating the factor of a county's proximity to a waste processing facility in various waste management provisions; defining waste to energy facility; requiring commissioner of Pollution Control Agency to reassess county recycling goals; amending Minnesota Statutes 2020, sections 115A.02; 115A.03, subdivision 28, by adding a subdivision; 115A.46, subdivision 1; 115A.54, subdivision 1; 115A.551, subdivision 2a.

 

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

 

 

Youakim introduced:

 

H. F. No. 2357, A bill for an act relating to education finance; modifying special education formulas; authorizing a levy for certain special access costs at cooperative units; authorizing a levy for special education facility costs; limiting special education tuition billing; appropriating money; amending Minnesota Statutes 2020, sections 124E.21, subdivision 1; 125A.21, subdivisions 1, 2; 125A.76, subdivision 2e; 125A.79, by adding a subdivision; 126C.40, by adding a subdivision; 127A.47, subdivision 7.

 

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

 

 

Mekeland introduced:

 

H. F. No. 2358, A bill for an act relating to education finance; appropriating money for a school bus garage for Independent School District No. 726, Becker.

 

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

 

 

Murphy introduced:

 

H. F. No. 2359, A bill for an act relating to parks and trails; extending the availability of an appropriation for the Proctor-Hermantown Munger Trail Spur.

 

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

 

 

Murphy introduced:

 

H. F. No. 2360, A bill for an act relating to claims against the state; providing for the settlement of certain claims; appropriating money.

 

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


Journal of the House - 28th Day - Monday, March 22, 2021 - Top of Page 1305

Bierman introduced:

 

H. F. No. 2361, A bill for an act relating to environment; establishing mattress recycling program; proposing coding for new law in Minnesota Statutes, chapter 115A.

 

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

 

 

Bierman introduced:

 

H. F. No. 2362, A bill for an act relating to capital investment; appropriating money for Apple Valley Red Line transit station improvements; authorizing the sale and issuance of state bonds.

 

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

 

 

Bierman introduced:

 

H. F. No. 2363, A bill for an act relating to energy; establishing a task force to analyze options for increasing the provision of weatherization services to low-income households; requiring a report; appropriating money.

 

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

 

 

Kotyza-Witthuhn introduced:

 

H. F. No. 2364, A bill for an act relating to consumer protection; requiring residential Internet service contracts to be prorated; proposing coding for new law in Minnesota Statutes, chapter 325F.

 

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

 

 

Agbaje introduced:

 

H. F. No. 2365, A bill for an act relating to transportation; establishing requirements governing project development for certain transit and highway projects; appropriating money.

 

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

 

 

Stephenson introduced:

 

H. F. No. 2366, A bill for an act relating to lawful gambling; clarifying definitions relating to electronic games; amending Minnesota Statutes 2020, sections 349.11; 349.12, subdivisions 12a, 12b, 12c.

 

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


Journal of the House - 28th Day - Monday, March 22, 2021 - Top of Page 1306

Hornstein introduced:

 

H. F. No. 2367, A bill for an act relating to taxation; solid waste management; amending allocation of revenues from solid waste management tax; amending Minnesota Statutes 2020, section 297H.13, subdivision 2.

 

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

 

 

Fischer introduced:

 

H. F. No. 2368, A bill for an act relating to water; reestablishing Legislative Water Commission; requiring statewide drinking water plan; establishing soil and water conservation district grant program; reestablishing Advisory Council on Water Supply Systems and Wastewater Treatment Facilities; providing for appointments; requiring report; appropriating money; amending Minnesota Statutes 2020, section 103B.151, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 3; 103C; 115.

 

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

 

 

MESSAGES FROM THE SENATE

 

 

      The following message was received from the Senate:

 

 

Madam Speaker:

 

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

 

      S. F. Nos. 438, 628, 710 and 819.

 

Cal R. Ludeman, Secretary of the Senate

 

 

FIRST READING OF SENATE BILLS

 

 

S. F. No. 438, A bill for an act relating to education; suspending academic standards review cycle.

 

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

 

 

S. F. No. 628, A bill for an act relating to education; requiring a state assessments plan.

 

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

 

 

S. F. No. 710, A bill for an act relating to education; extending school district fund transfer flexibility; amending Laws 2020, chapter 116, article 3, section 8.

 

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


Journal of the House - 28th Day - Monday, March 22, 2021 - Top of Page 1307

S. F. No. 819, A bill for an act relating to education; creating a pilot for short-call substitute teachers.

 

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

 

 

REPORT FROM THE COMMITTEE ON RULES

AND LEGISLATIVE ADMINISTRATION

 

      Winkler from the Committee on Rules and Legislative Administration, pursuant to rules 1.21 and 3.33, designated the following bill to be placed on the Calendar for the Day for Tuesday, March 23, 2021 and established a prefiling requirement for amendments offered to the following bill:

 

      H. F. No. 1064.

 

 

      The Speaker called Carlson to the Chair.

 

 

CALENDAR FOR THE DAY

 

 

      H. F. No. 109, A bill for an act relating to public safety; requiring installation of automatic sprinkler systems in certain existing high-rise buildings; authorizing rulemaking; proposing coding for new law in Minnesota Statutes, chapter 299F.

 

 

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

 

      The question was taken on the passage of the bill and the roll was called.  There were 103 yeas and 30 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Agbaje

Akland

Anderson

Bahner

Baker

Becker-Finn

Bennett

Berg

Bernardy

Bierman

Bliss

Boe

Boldon

Carlson

Christensen

Davids

Davnie

Demuth

Dettmer

Ecklund

Edelson

Elkins

Erickson

Feist

Fischer

Franke

Frazier

Frederick

Freiberg

Gomez

Greenman

Grossell

Gruenhagen

Haley

Hamilton

Hansen, R.

Hanson, J.

Hausman

Her

Hollins

Hornstein

Howard

Huot

Igo

Jordan

Jurgens

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Kresha

Lee

Liebling

Lillie

Lippert

Lislegard

Long

Lueck

Mariani

Marquart

Masin

McDonald

Moller

Moran

Morrison

Murphy

Nelson, M.

Nelson, N.

Noor

Novotny

O'Driscoll

Olson, L.

O'Neill

Pelowski

Petersburg

Pierson

Pinto

Poston

Pryor

Raleigh

Reyer

Richardson

Robbins

Sandell

Sandstede

Schomacker

Schultz

Stephenson

Sundin

Theis

Thompson

Torkelson

Urdahl

Vang

Wazlawik

West

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 


Journal of the House - 28th Day - Monday, March 22, 2021 - Top of Page 1308

           Those who voted in the negative were:

 


Albright

Backer

Bahr

Burkel

Daniels

Daudt

Drazkowski

Franson

Garofalo

Green

Heinrich

Heintzeman

Hertaus

Johnson

Kiel

Koznick

Lucero

Mekeland

Miller

Mortensen

Mueller

Munson

Nash

Neu Brindley

Olson, B.

Pfarr

Quam

Rasmusson

Scott

Swedzinski


 

 

      The bill was passed and its title agreed to.

 

 

      H. F. No. 844 was reported to the House.

 

 

      H. F. No. 844 was read for the third time.

 

 

      Scott moved that H. F. No. 844 be re-referred to the Committee on Judiciary Finance and Civil Law. 

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Scott motion and the roll was called.  There were 64 yeas and 69 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

Grossell

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


 

      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.

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.


Journal of the House - 28th Day - Monday, March 22, 2021 - Top of Page 1309

           H. F. No. 844, A bill for an act relating to consumer protection; prohibiting price gouging; prescribing penalties; proposing coding for new law in Minnesota Statutes, chapter 325E.

 

 

      The bill was placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 71 yeas and 62 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bernardy

Bierman

Boldon

Carlson

Christensen

Davnie

Ecklund

Edelson

Elkins

Feist

Fischer

Franke

Frazier

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hausman

Her

Hollins

Hornstein

Howard

Huot

Jordan

Jurgens

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


 

      Those who voted in the negative were:

 


Akland

Albright

Anderson

Backer

Bahr

Baker

Bennett

Bliss

Boe

Burkel

Daniels

Daudt

Davids

Demuth

Dettmer

Drazkowski

Erickson

Franson

Garofalo

Green

Grossell

Gruenhagen

Haley

Hamilton

Heinrich

Heintzeman

Hertaus

Igo

Johnson

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


 

 

      The bill was passed and its title agreed to.

 

 

      The Speaker resumed the Chair.

 

 

      H. F. No. 310 was reported to the House.

 

 

      Mortensen offered an amendment to H. F. No. 310, the first engrossment.

 

 

POINT OF ORDER

 

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


Journal of the House - 28th Day - Monday, March 22, 2021 - Top of Page 1310

           H. F. No. 310, A bill for an act relating to child protection; expanding persons required to report known or suspected child maltreatment; amending Minnesota Statutes 2020, section 260E.06, subdivision 1.

 

 

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

 

      The question was taken on the passage of the bill and the roll was called.  There were 130 yeas and 3 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Agbaje

Akland

Albright

Anderson

Backer

Bahner

Baker

Becker-Finn

Bennett

Berg

Bernardy

Bierman

Bliss

Boe

Boldon

Burkel

Carlson

Christensen

Daniels

Daudt

Davids

Davnie

Demuth

Dettmer

Ecklund

Edelson

Elkins

Erickson

Feist

Fischer

Franke

Franson

Frazier

Frederick

Freiberg

Garofalo

Gomez

Green

Greenman

Grossell

Gruenhagen

Haley

Hamilton

Hansen, R.

Hanson, J.

Hausman

Heinrich

Heintzeman

Her

Hertaus

Hollins

Hornstein

Howard

Huot

Igo

Johnson

Jordan

Jurgens

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

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


 

      Those who voted in the negative were:

 


Bahr

Drazkowski

Munson


 

 

      The bill was passed and its title agreed to.

 

 

MOTIONS AND RESOLUTIONS

 

 

      Hausman moved that the name of Hollins be added as an author on H. F. No. 12.  The motion prevailed.

 

      Hansen, R., moved that the name of Sandstede be added as an author on H. F. No. 99.  The motion prevailed.

 

      Noor moved that the name of Long be added as an author on H. F. No. 108.  The motion prevailed.

 

      Noor moved that the name of Bierman be added as an author on H. F. No. 109.  The motion prevailed.

 

      Bernardy moved that the name of Feist be added as an author on H. F. No. 112.  The motion prevailed.


Journal of the House - 28th Day - Monday, March 22, 2021 - Top of Page 1311

           Hansen, R., moved that the name of Sandstede be added as an author on H. F. No. 151.  The motion prevailed.

 

      Edelson moved that the name of Liebling be added as an author on H. F. No. 288.  The motion prevailed.

 

      Vang moved that the names of Hornstein, Her, Freiberg and Poston be added as authors on H. F. No. 387.  The motion prevailed.

 

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

 

      Novotny moved that the names of Johnson and Mekeland be added as authors on H. F. No. 583.  The motion prevailed.

 

      Fischer moved that the name of Stephenson be added as an author on H. F. No. 616.  The motion prevailed.

 

      Sandstede moved that the name of Koznick be added as an author on H. F. No. 649.  The motion prevailed.

 

      Lippert moved that the name of Bernardy be added as an author on H. F. No. 701.  The motion prevailed.

 

      Wolgamott moved that the name of Long be added as an author on H. F. No. 800.  The motion prevailed.

 

      Dettmer moved that the name of Berg be added as an author on H. F. No. 807.  The motion prevailed.

 

      Her moved that the name of Pinto be added as an author on H. F. No. 833.  The motion prevailed.

 

      Stephenson moved that the name of Bierman be added as an author on H. F. No. 843.  The motion prevailed.

 

      Kotyza-Witthuhn moved that the names of Hornstein, Bierman and Pryor be added as authors on H. F. No. 858.  The motion prevailed.

 

      McDonald moved that the name of Novotny be added as an author on H. F. No. 923.  The motion prevailed.

 

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

 

      Marquart moved that the name of Sandstede be added as an author on H. F. No. 990.  The motion prevailed.

 

      Schultz moved that the name of Bierman be added as an author on H. F. No. 1002.  The motion prevailed.

 

      Keeler moved that the names of Lippert and Frazier be added as authors on H. F. No. 1042.  The motion prevailed.

 

      Davnie moved that the name of Frazier be added as an author on H. F. No. 1064.  The motion prevailed.

 

      Hollins moved that the name of Bierman be added as an author on H. F. No. 1092.  The motion prevailed.

 

      Erickson moved that the name of Nash be added as an author on H. F. No. 1187.  The motion prevailed.

 

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

 

      Boldon moved that the name of Elkins be added as an author on H. F. No. 1279.  The motion prevailed.

 

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


Journal of the House - 28th Day - Monday, March 22, 2021 - Top of Page 1312

           Anderson moved that the name of Boe be added as an author on H. F. No. 1328.  The motion prevailed.

 

      Freiberg moved that the name of Berg be added as an author on H. F. No. 1358.  The motion prevailed.

 

      Bliss moved that his name be stricken as an author on H. F. No. 1378.  The motion prevailed.

 

      Kotyza-Witthuhn moved that the name of Jurgens be added as an author on H. F. No. 1384.  The motion prevailed.

 

      Acomb moved that the name of Pryor be added as an author on H. F. No. 1427.  The motion prevailed.

 

      Urdahl moved that the name of Boe be added as an author on H. F. No. 1470.  The motion prevailed.

 

      Fischer moved that the name of Hornstein be added as an author on H. F. No. 1498.  The motion prevailed.

 

      Berg moved that the name of Morrison be added as an author on H. F. No. 1523.  The motion prevailed.

 

      Torkelson moved that the name of Fischer be added as an author on H. F. No. 1586.  The motion prevailed.

 

      Urdahl moved that the name of Boe be added as an author on H. F. No. 1672.  The motion prevailed.

 

      Hornstein moved that the names of Hanson, J.; Lee; Hollins; Xiong, J.; Jordan; Agbaje; Frazier; Pryor; Acomb; Edelson; Lippert and Vang be added as authors on H. F. No. 1691.  The motion prevailed.

 

      Xiong, J., moved that the name of Boe be added as an author on H. F. No. 1723.  The motion prevailed.

 

      Hansen, R., moved that the name of Bierman be added as an author on H. F. No. 1756.  The motion prevailed.

 

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

 

      Morrison moved that the names of Long and Huot be added as authors on H. F. No. 1836.  The motion prevailed.

 

      Bierman moved that the name of Hornstein be added as an author on H. F. No. 1852.  The motion prevailed.

 

      Xiong, J., moved that the name of Jordan be added as an author on H. F. No. 1890.  The motion prevailed.

 

      Sandstede moved that the names of Lippert, Schultz and Sandell be added as authors on H. F. No. 1895.  The motion prevailed.

 

      Lee moved that the name of Freiberg be added as an author on H. F. No. 1899.  The motion prevailed.

 

      Gomez moved that the name of Hausman be added as an author on H. F. No. 1919.  The motion prevailed.

 

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

 

      Bahner moved that the name of Long be added as an author on H. F. No. 1929.  The motion prevailed.

 

      Pryor moved that the name of Huot be added as an author on H. F. No. 1962.  The motion prevailed.

 

      Lislegard moved that the name of Davids be added as second author on H. F. No. 1975.  The motion prevailed.


Journal of the House - 28th Day - Monday, March 22, 2021 - Top of Page 1313

           Lislegard moved that the name of Bierman be added as an author on H. F. No. 1978.  The motion prevailed.

 

      Jordan moved that the names of Jurgens and Sandstede be added as authors on H. F. No. 1985.  The motion prevailed.

 

      Feist moved that the name of Lippert be added as an author on H. F. No. 1994.  The motion prevailed.

 

      Richardson moved that the name of Huot be added as an author on H. F. No. 2012.  The motion prevailed.

 

      Reyer moved that the name of Long be added as an author on H. F. No. 2017.  The motion prevailed.

 

      Richardson moved that the name of Robbins be added as an author on H. F. No. 2022.  The motion prevailed.

 

      Jordan moved that the name of Bierman be added as an author on H. F. No. 2048.  The motion prevailed.

 

      Koegel moved that the names of Stephenson and Baker be added as authors on H. F. No. 2064.  The motion prevailed.

 

      Keeler moved that the name of Mariani be added as an author on H. F. No. 2124.  The motion prevailed.

 

      Marquart moved that the names of Gomez, Feist, Long, Mariani and Acomb be added as authors on H. F. No. 2143.  The motion prevailed.

 

      Hollins moved that the names of Morrison and Stephenson be added as authors on H. F. No. 2156.  The motion prevailed.

 

      Novotny moved that the name of Dettmer be added as an author on H. F. No. 2180.  The motion prevailed.

 

      Davnie moved that the name of Hollins be added as an author on H. F. No. 2203.  The motion prevailed.

 

      Long moved that the name of Baker be added as an author on H. F. No. 2216.  The motion prevailed.

 

      Lee moved that the name of Lillie be added as an author on H. F. No. 2269.  The motion prevailed.

 

      Kresha moved that the name of Poston be added as an author on H. F. No. 2272.  The motion prevailed.

 

      Kresha moved that the name of Albright be added as an author on H. F. No. 2274.  The motion prevailed.

 

      Berg moved that the names of Stephenson, Huot and Fischer be added as authors on H. F. No. 2284.  The motion prevailed.

 

      Franson moved that the name of Bahr be added as an author on H. F. No. 2290.  The motion prevailed.

 

      Kresha moved that the names of Jurgens and Bennett be added as authors on H. F. No. 2301.  The motion prevailed.

 

      Thompson moved that H. F. No. 1103 be recalled from the Committee on Judiciary Finance and Civil Law and be re-referred to the Committee on Public Safety and Criminal Justice Reform Finance and Policy.  The motion prevailed.


Journal of the House - 28th Day - Monday, March 22, 2021 - Top of Page 1314

           Senate Concurrent Resolution No. 4 was reported to the House.

 

 

SENATE CONCURRENT RESOLUTION No. 4

 

A Senate concurrent resolution relating to adjournment for more than three days.

 

Be It Resolved by the Senate of the State of Minnesota, the House of Representatives concurring:

 

1.  Upon their adjournments on Thursday, March 25, 2021, the Senate and House of Representatives may each set its next day of meeting for Tuesday, April 6, 2021.

 

2.  Each house consents to adjournment of the other house for more than three days.

 

 

Winkler moved that Senate Concurrent Resolution No. 4 be now adopted.  The motion prevailed and Senate Concurrent Resolution No. 4 was adopted.

 

 

ADJOURNMENT

 

      Winkler moved that when the House adjourns today it adjourn until 9:30 a.m., Tuesday, March 23, 2021.  The motion prevailed.

 

      Winkler moved that the House adjourn.  The motion prevailed, and the Speaker declared the House stands adjourned until 9:30 a.m., Tuesday, March 23, 2021.

 

 

Patrick D. Murphy, Chief Clerk, House of Representatives