Saturday, April 17, 2021 - 41st Legislative Day

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

Franson

Frazier

Frederick

Freiberg

Garofalo

Gomez

Green

Greenman

Grossell

Gruenhagen

Haley

Hamilton

Hansen, R.

Hanson, J.

Hassan

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.

Franke was excused until 4:45 p.m.

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

Journal of the House - 41st Day - Saturday, April 17, 2021 - Top of Page 5402

REPORTS OF CHIEF CLERK

S. F. No. 970 and H. F. No. 1078, which had been referred to the Chief Clerk for comparison, were examined and found to be not identical.

Mariani moved that S. F. No. 970 be substituted for H. F. No. 1078 and that the House File be indefinitely postponed. The motion prevailed.

SECOND READING OF SENATE BILLS

S. F. No. 970 was read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Lillie introduced:

H. F. No. 2534, A bill for an act relating to transportation; capital investment; appropriating money for an interchange at Trunk Highway 36 and Trunk Highway 120; authorizing the sale and issuance of trunk highway bonds.

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

Klevorn; Hortman; Kotyza-Witthuhn; Pryor; Bahner; Reyer; Elkins; Huot; Hausman; Feist; Mariani; Frazier; Lillie; Wazlawik; Acomb; Boldon; Long; Bernardy; Lee; Moller; Morrison; Xiong, J.; Masin; Hornstein; Christensen; Stephenson; Noor; Youakim; Edelson; Murphy; Hansen, R.; Berg; Her; Olson, L., and Moran introduced:

H. F. No. 2535, A bill for an act relating to state government; establishing August 15 of each year as India Day; proposing coding for new law in Minnesota Statutes, chapter 10.

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

Novotny introduced:

H. F. No. 2536, A bill for an act relating to transit; requiring contingent termination of Northstar Commuter Rail and reallocation of certain funds; canceling certain appropriations.

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

Journal of the House - 41st Day - Saturday, April 17, 2021 - Top of Page 5403

Lueck introduced:

H. F. No. 2537, A bill for an act relating to taxation; property; requiring the state to pay the costs of property tax judgments against state-assessed property; requiring reports; appropriating money; amending Minnesota Statutes 2020, sections 273.372, by adding subdivisions; 278.12; 290.06, by adding a subdivision; 297E.021, subdivision 4.

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

Stephenson introduced:

H. F. No. 2538, A bill for an act relating to energy; establishing a preference for purchase of a motorboat with zero net greenhouse gas emissions; amending Minnesota Statutes 2020, section 16C.135, by adding a subdivision.

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

Long, Vang and Stephenson introduced:

H. F. No. 2539, A bill for an act relating to public safety; providing for sign and release warrants; proposing coding for new law in Minnesota Statutes, chapter 629.

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

Scott introduced:

H. F. No. 2540, A bill for an act relating to data practices; making all towns subject to the Minnesota Government Data Practices Act; amending Minnesota Statutes 2020, section 13.02, subdivision 11.

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

Scott introduced:

H. F. No. 2541, A bill for an act relating to employment; prohibiting employment discrimination based on vaccination status; proposing coding for new law in Minnesota Statutes, chapter 181.

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

Hornstein introduced:

H. F. No. 2542, A bill for an act relating to workforce development; appropriating money to Comunidades Organizando el Poder y la Acción Latina (COPAL) and African Career, Education, and Resource, Inc. (ACER).

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

Journal of the House - 41st Day - Saturday, April 17, 2021 - Top of Page 5404

REPORT FROM THE COMMITTEE ON RULES

AND LEGISLATIVE ADMINISTRATION

Winkler from the Committee on Rules and Legislative Administration, pursuant to rules 1.21 and 3.33, designated the following bills to be placed on the Calendar for the Day for Tuesday, April 20, 2021 and established a prefiling requirement for amendments offered to the following bills:

S. F. Nos. 972 and 1098.

MOTIONS AND RESOLUTIONS

Howard moved that the name of Bahner be added as an author on H. F. No. 664. The motion prevailed.

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

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

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

Howard moved that the name of Bahner be added as an author on H. F. No. 2327. The motion prevailed.

Freiberg moved that the names of Hansen, R.; Pinto; Reyer; Frazier; Bahner; Liebling and Long be added as authors on H. F. No. 2457. The motion prevailed.

Frazier moved that the names of Long, Sandell, Lee, Agbaje, Becker-Finn, Moller and Mortensen be added as authors on H. F. No. 2529. The motion prevailed.

Lucero moved that the names of Munson, Mortensen and Bahr be added as authors on H. F. No. 2530. The motion prevailed.

TAKEN FROM TABLE

Hornstein moved that H. F. No. 1684 be taken from the table. The motion prevailed.

H. F. No. 1684 was reported to the House.

Speaker pro tempore Moller called Carlson to the Chair.

Hortman was excused between the hours of 2:35 p.m. and 8:05 p.m.

Journal of the House - 41st Day - Saturday, April 17, 2021 - Top of Page 5405

Koznick moved to amend H. F. No. 1684, the second engrossment, as follows:

Page 113, after line 13, insert:

"Sec. 85. Minnesota Statutes 2020, section 473.386, is amended by adding a subdivision to read:

Subd. 9. Forecasted funding. (a) For purposes of this subdivision, "biennium" and "fiscal year" have the meanings given in section 16A.011, subdivisions 6 and 14, respectively.

(b) In each February and November forecast of state revenues and expenditures under section 16A.103, the commissioner of management and budget must incorporate a state obligation from the general fund for the annual net costs to the council to implement the special transportation service under this section. Notwithstanding section 16A.11, subdivision 3, the appropriation base in each fiscal year of the upcoming biennium is as determined in this subdivision.

(1) the amount necessary to:

(i) maintain service levels accounting for expected demand, including service area, hours of service, ride scheduling requirements, and fares per council policy;

(ii) maintain the general existing condition of the special transportation service bus fleet, including bus maintenance and replacement; and

(iii) meet the requirements of this section; plus

(2) the amount of forecast adjustments, as determined by the commissioner of management and budget in consultation with the council, necessary to match (i) actual special transportation service program costs in the prior fiscal year, and (ii) adjusted program costs forecasted for the second year of the current biennium, for a forecast prepared in the first year of the biennium; less

(3) funds identified for the special transportation service from nonstate sources.

(d) In conjunction with each February and November forecast, the council must submit a financial review of the special transportation service to the chairs and ranking minority members of the legislative committees with jurisdiction over transportation policy and finance and to the commissioner of management and budget. At a minimum, the financial review must include:

(1) a summary of special transportation service sources of funds and expenditures for the prior two fiscal years and each fiscal year of the forecast period, which must include:

(i) a breakout by expenditures categories; and

(ii) information that is sufficient to identify a conversion between state fiscal years and the fiscal years of the council;

(2) details on cost assumptions used in the forecast;

(3) information on ridership and farebox recovery rates for the prior two fiscal years and each fiscal year of the forecast period;

Journal of the House - 41st Day - Saturday, April 17, 2021 - Top of Page 5406

(4) identification of the amount of appropriations necessary for any forecast adjustments as identified under paragraph (c), clause (2); and

(5) information as prescribed by the commissioner.

EFFECTIVE DATE; APPLICATION. This section is effective July 1, 2021, and applies beginning with the November 2022 forecast for each biennium beginning on or after July 1, 2023. This section applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Thompson was excused between the hours of 2:40 p.m. and 3:10 p.m.

Torkelson moved to amend H. F. No. 1684, the second engrossment, as amended, as follows:

Page 5, delete lines 17 to 19 and insert:

"(a) Operations and Maintenance

382,789,000

388,569,000

The base is $380,985,000 in fiscal year 2024 and $393,260,000 in fiscal year 2025."

Page 7, delete line 9 and insert:

"(2) Program Delivery

240,466,000

244,831,000"

Page 7, delete lines 24 to 26 and insert:

"The base is $240,280,000 in fiscal year 2024 and $247,645,000 in fiscal year 2025.

1,191,636,000

1,028,093,000"

Page 9, delete line 23 and insert:

"(a) County State-Aid Highways

851,519,000

883,344,000"

Page 10, delete line 17 and insert:

"(b) Municipal State-Aid Streets

212,934,000

221,227,000"

Journal of the House - 41st Day - Saturday, April 17, 2021 - Top of Page 5407

Page 25, delete section 3

Page 34, delete section 10

Adjust amounts accordingly

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Torkelson amendment and the roll was called. There were 63 yeas and 67 nays as follows:

Those who voted in the affirmative were:

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

Kresha was excused between the hours of 4:20 p.m. and 6:20 p.m.

Torkelson moved to amend H. F. No. 1684, the second engrossment, as amended, as follows:

Page 41, line 4, after "be" insert "designed with a vertical orientation and"

Page 42, line 18, after "be" insert "designed with a vertical orientation and"

Page 43, after line 7, insert:

"Sec. 10. Minnesota Statutes 2020, section 171.07, subdivision 4, is amended to read:

Subd. 4. Identification card expiration. (a) Except as otherwise provided in this subdivision, the expiration date of a Minnesota identification card is the birthday of the applicant in the fourth year following the date of issuance of the card.

(b) For an applicant age 65 or older:

(1) the expiration date of a Minnesota identification card is the birthday of the applicant in the eighth year following the date of issuance of the card; or

(2) a noncompliant identification card is valid for the lifetime of the applicant.

(c) For the purposes of paragraph (b), "Minnesota identification card" does not include an enhanced identification card issued to an applicant age 65 or older.

(d) The expiration date for an Under-21 identification card is the cardholder's 21st birthday. The commissioner shall issue an identification card to a holder of an Under-21 identification card who applies for the card, pays the required fee, and presents proof of identity and age, unless the commissioner determines that the applicant is not qualified for the identification card.

(e) Notwithstanding paragraphs (a) to (d), the expiration date for an a REAL ID compliant identification card issued to a person with temporary lawful status is (1) the last day of the person's legal stay in the United States, or (2) one year after issuance if the last day of the person's legal stay is not identified.

(f) Notwithstanding paragraphs (a) and (b), the expiration date for a noncompliant identification card that must be marked as provided in subdivision 3, paragraph (g), is the earlier of (1) the birthday of the applicant in the second year following the date of issuance of the card, or (2) as provided in paragraph (d)."

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Page 44, after line 12, insert:

"Sec. 14. Minnesota Statutes 2020, section 171.27, is amended to read:

171.27 ~~EXPIRATION OF~~ LICENSE EXPIRATION AND RENEWAL; MILITARY EXCEPTION.

Subdivision 1. Expiration. (a) Except as otherwise provided in this section, the expiration date for each driver's license is the birthday of the driver in the fourth year following the date of issuance of the license. The birthday of the driver shall be as indicated on the application for a driver's license. A license may be renewed on or before expiration or within one year after expiration upon application, payment of the required fee, and passing the examination required of all drivers for renewal. Driving privileges shall be extended or renewed on or preceding the expiration date of an existing driver's license unless the commissioner believes that the licensee is no longer qualified as a driver.

(b) The expiration date for each under-21 license shall be the 21st birthday of the licensee. Upon the licensee attaining the age of 21 and upon the application, payment of the required fee, and passing the examination required of all drivers for renewal, a driver's license shall be issued unless the commissioner determines that the licensee is no longer qualified as a driver.

(c) The expiration date for each provisional license is two years after the date of application for the provisional license.

(d) Notwithstanding paragraphs (a) to (c), the expiration date for a REAL ID compliant license issued to a person with temporary lawful status is (1) the last day of the person's legal stay in the United States, or (2) one year after issuance if the last day of the person's legal stay is not identified.

(e) Notwithstanding paragraphs (a) to (c), the expiration date for a license that must be marked as provided in section 171.07, subdivision 1, paragraph (g), is the earlier of (1) the birthday of the applicant in the second year following the date of issuance of the license, or (2) as provided in paragraph (b).

Subd. 2. Extension of expiration. ~~(e)~~ Any valid Minnesota driver's license issued to a person then or subsequently serving outside Minnesota in active military service, as defined in section 190.05, subdivision 5, in any branch or unit of the armed forces of the United States, or the person's spouse, shall continue in full force and effect without requirement for renewal until the date one year following the service member's separation or discharge from active military service, and until the license holder's birthday in the fourth full year following the person's most recent license renewal or, in the case of a provisional license, until the person's birthday in the third full year following the renewal."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Olson, B., moved to amend H. F. No. 1684, the second engrossment, as amended, as follows:

Page 11, delete line 10 and insert:

"(c) Small Cities Assistance

9,831,000

20,026,000"

Page 11, after line 15, insert:

"The base is $21,118,000 in each of fiscal years 2024 and 2025."

Journal of the House - 41st Day - Saturday, April 17, 2021 - Top of Page 5414

Page 30, line 1, delete "74" and insert "77"

Page 30, line 2, delete "13.5" and insert "14.5"

Page 30, line 3, after the semicolon, insert "and"

Page 30, line 4, delete "7.5" and insert "8.5"

Page 30, line 5, delete "; and"

Page 30, lines 6 and 7, delete the new language

Page 35, line 1, delete "6.5" and insert "6.75"

Page 35, line 2, after the semicolon, insert "and"

Page 35, line 3, delete "2" and insert "2.25"

Page 35, delete lines 5 and 6

Page 35, line 9, delete "13.5" and insert "13.75" and after the semicolon, insert "and"

Page 35, line 10, delete "5.5" and insert "5.75" and delete "; and" and insert a period

Page 35, delete line 11

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

Heinrich moved to amend H. F. No. 1684, the second engrossment, as amended, as follows:

Page 95, after line 24, insert:

"(c) For the goal specified in paragraph (a), the commissioner must not perform planning or development of:

(1) a state standard that requires a reduction in the carbon content of transportation fuels, as a means of reducing greenhouse gas emissions from the combustion of transportation fuels; or

(2) a program that establishes a market for trading credits from fuel producers whose fuels are below a state standard described in clause (1) to fuel producers whose fuel does not meet the standard."

A roll call was requested and properly seconded.

Journal of the House - 41st Day - Saturday, April 17, 2021 - Top of Page 5415

The question was taken on the Heinrich amendment and the roll was called. There were 61 yeas and 69 nays as follows:

Those who voted in the affirmative were:

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

Koznick moved to amend H. F. No. 1684, the second engrossment, as amended, as follows:

Page 32, after line 24, insert:

"(b) "Applicable county" means a county that is not a metropolitan county, as defined in section 473.121, subdivision 4, and has not imposed the taxes under section 297A.993."

Reletter the paragraphs in sequence

Page 33, line 2, before the second "the" insert "and subject to paragraphs (c) and (d),"

Page 33, line 3, after "Council" insert "and each applicable county"

Page 33, line 4, before the period, insert ", for the council, or within the county, for each applicable county outside the metropolitan area"

Journal of the House - 41st Day - Saturday, April 17, 2021 - Top of Page 5416

Page 33, after line 9, insert:

"(c) The council must impose the transit sales tax only within the portions of the transit taxing district that are located in those counties in which, at the 2022 general election, a majority of the voters in that county who vote on the question to impose the transit sales tax, vote in favor of imposition of the tax. Inclusion or exclusion under this paragraph is determined separately for each county based on the voters in that county.

(d) An applicable county must impose the transit sales tax if, at the 2022 general election, a majority of the voters in that county who vote on the question to impose the transit sales tax, vote in favor of imposition of the tax."

Koznick moved to amend the Koznick amendment to H. F. No. 1684, the second engrossment, as amended, as follows:

Page 1, after line 1, insert:

"Page 32, line 22, delete "TRANSIT" and insert "NOT A LIGHT RAIL""

Page 1, after line 4, insert:

"Page 32, line 28, delete "Transit" and insert "Transportation""

Page 1, delete line 7 and insert:

"Page 33, line 3, after "Council" insert "and each applicable county" and delete "transit" and insert "transportation""

Page 1, lines 11 and 16, delete "transit" and insert "transportation"

Page 1, after line 18, insert:

"Page 33, delete subdivision 4 and insert:

"Subd. 4. Use of funds. (a) Except as provided in this subdivision, the council or a county that receives a portion of the transportation sales tax proceeds may use the funds for highways, including but not limited to streets and bridges, and bus transit.

(b) The council is prohibited from using its transportation sales tax proceeds for light rail transit or commuter rail, including but not limited to system operations, maintenance, development, and improvements.

(c) Operations and projects funded by the council with transportation sales tax proceeds must be consistent with the long-range transportation policy plan under section 473.146 and the transit capital improvement program under section 473.39."

Page 33, lines 20, 21, and 22, delete "transit" and insert "transportation""

A roll call was requested and properly seconded.

Journal of the House - 41st Day - Saturday, April 17, 2021 - Top of Page 5417

The question was taken on the Koznick amendment to the Koznick amendment and the roll was called. There were 62 yeas and 68 nays as follows:

Those who voted in the affirmative were:

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

The question recurred on the Koznick amendment to H. F. No. 1684, the second engrossment, as amended. The motion did not prevail and the amendment was not adopted.

Speaker pro tempore Carlson called Wolgamott to the Chair.

Bahr moved to amend H. F. No. 1684, the second engrossment, as amended, as follows:

Page 59, after line 24, insert:

"Sec. 14. [161.445] LIMITATIONS ON PROPERTY ACQUISITION.

The commissioner is prohibited from exercising the authority under chapter 117 to acquire 15 or more tracts or parcels of real property in fee simple for a trunk highway project through eminent domain proceedings, unless a law is enacted that specifically identifies the project and authorizes the commissioner to use eminent domain. Easements acquired through eminent domain proceedings on 15 or more tracts or parcels of real property for a transit project are unaffected by this section so long as the easements do not displace residents or businesses."

Journal of the House - 41st Day - Saturday, April 17, 2021 - Top of Page 5418

Page 113, after line 13, insert:

"Sec. 86. Minnesota Statutes 2020, section 473.375, is amended by adding a subdivision to read:

Subd. 19. Limitations on property acquisition. The council is prohibited from exercising the authority under chapter 117 to acquire 15 or more tracts or parcels of real property in fee simple for a transit project through eminent domain proceedings, unless a law is enacted that specifically identifies the project and authorizes the council to use eminent domain. Easements acquired through eminent domain proceedings on 15 or more tracts or parcels of real property for a transit project are unaffected by this section so long as the easements do not displace residents or businesses."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

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

Koznick moved to amend H. F. No. 1684, the second engrossment, as amended, as follows:

Page 20, after line 7, insert:

"Sec. 5. CONTINGENT APPROPRIATIONS.

(a) For purposes of this section:

(1) "next biennium" means the biennium beginning on July 1, 2021; and

(2) "current Department of Transportation budget" means Laws 2019, First Special Session chapter 3, article 1, section 2, subdivisions 2 to 5.

(b) If, by July 1, 2021, legislation has not been enacted to appropriate money in the next biennium to the commissioner of transportation for the budget activities specified in the current Department of Transportation budget, amounts are appropriated in fiscal year 2022 from the trunk highway fund to the commissioner, as provided in paragraph (c).

(c) Each amount appropriated under this section is equal to 80 percent of the trunk highway fund appropriation base as established in the current Department of Transportation budget, and is for the respective purposes specified.

(d) As necessary, the commissioner may transfer a portion of an appropriation under this section to other state agencies to support carrying out relevant functions. Any subsequent appropriation to the commissioner of transportation in the next biennium for each budget activity supersedes and replaces the funding authorized in this section.

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

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

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Koznick moved to amend the Koznick amendment to H. F. No. 1684, the second engrossment, as amended, as follows:

Page 1, lines 6, 10, and 13, delete "Department of Transportation"

Page 1, line 7, delete "section" and insert "sections" and before the period, insert ", and 4, subdivisions 2 to 6"

Page 1, line 9, after "transportation" insert "or to the commissioner of public safety"

Page 1, line 11, delete "trunk highway" and insert "appropriate" and after the second "the" insert "respective"

Page 1, line 12, delete "trunk"

Page 1, line 13, delete "highway fund" and after "base" insert "from each fund"

Page 1, line 17, after "transportation" insert "or public safety"

A roll call was requested and properly seconded.

The question was taken on the Koznick amendment to the Koznick amendment and the roll was called. There were 63 yeas and 68 nays as follows:

Those who voted in the affirmative were:

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

The question recurred on the Koznick amendment to H. F. No. 1684, the second engrossment, as amended. The motion did not prevail and the amendment was not adopted.

Koznick moved to amend H. F. No. 1684, the second engrossment, as amended, as follows:

Page 115, after line 22, insert:

"Sec. 89. [473.4487] RESPONSIBILITIES FOR GUIDEWAY FUNDING.

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

(b) "Guideway" has the meaning given in section 473.4485, subdivision 1.

(d) Operations costs include (1) prerevenue operations, and (2) services determined by the guideway operator to be necessary to meet reasonable standards for access, safety, and reliability.

(e) Capital maintenance costs include maintenance, replacement, and modernization determined by the guideway operator to be necessary to meet reasonable standards for access, safety, reliability, and upkeep of the guideway.

Subd. 2. Project development costs. A host county or counties must fund the costs of guideway project development, including planning, design, engineering, and associated costs, that exceed funds otherwise committed or dedicated to the guideway project.

Subd. 3. Other costs. The council and a county must not expend any funds on construction of a guideway project unless sufficient funding is committed in an agreement that:

(1) specifies and allocates responsibility for all guideway costs of construction, operations, and capital maintenance, on an ongoing basis; and

(2) is entered into by the council, or other operator of the guideway, and the participating host county or counties.

Subd. 4. Use of state funds. The council and a political subdivision must not use or budget for state sources of funds for more than 40 percent of guideway costs, calculated separately for each of the following: (1) construction; (2) annual operations; and (3) capital maintenance.

Journal of the House - 41st Day - Saturday, April 17, 2021 - Top of Page 5422

EFFECTIVE DATE; APPLICATION. This section is effective July 1, 2021, and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

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

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

Lucero moved to amend H. F. No. 1684, the second engrossment, as amended, as follows:

Page 85, after line 29, insert:

"(e) The commissioner must authorize any deputy registrar appointed pursuant to section 168.33 to create a third-party testing program and must authorize the appointment of third-party testers to administer any knowledge, road, or skills tests as required under this section and as defined in Minnesota Rules, part 7410.4100, subpart 11. A deputy registrar may establish and collect fees for any knowledge test, or combination thereof, not to exceed $5 and for the road or skills tests not to exceed $30."

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

Petersburg moved to amend H. F. No. 1684, the second engrossment, as amended, as follows:

Page 5, delete lines 17 to 19 and insert:

"(a) Operations and Maintenance

385,781,000

387,801,000

The base is $374,697,000 in fiscal year 2024 and $381,805,000 in fiscal year 2025."

Page 7, delete line 9 and insert:

"(2) Program Delivery

242,262,000

244,370,000"

Page 7, delete lines 24 to 26 and insert:

"The base is $236,507,000 in fiscal year 2024 and $240,773,000 in fiscal year 2025.

1,198,816,000

1,026,250,000"

Page 9, delete line 23 and insert:

"(a) County State-Aid Highways

858,133,000

881,647,000"

Journal of the House - 41st Day - Saturday, April 17, 2021 - Top of Page 5423

Page 10, delete line 17 and insert:

"(b) Municipal State-Aid Streets

214,671,000

220,781,000"

Page 27, delete sections 5 and 6

Adjust amounts accordingly

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Petersburg amendment and the roll was called. There were 63 yeas and 69 nays as follows:

Those who voted in the affirmative were:

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

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

Journal of the House - 41st Day - Saturday, April 17, 2021 - Top of Page 5424

Daudt moved to amend H. F. No. 1684, the second engrossment, as amended, as follows:

Page 127, after line 11, insert:

"Sec. 104. CONTINGENT NORTHSTAR COMMUTER RAIL TERMINATION.

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

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

(d) "Northstar" means the Northstar Commuter Rail line that is operated by the council to provide rail passenger service between downtown Minneapolis and Big Lake, and includes any subsequent rail project or service that operates wholly or primarily in the same corridor.

Subd. 2. Federal waiver. The council must immediately seek a federal waiver or similar release of all obligations for payment to the United States Department of Transportation related to the termination of Northstar.

Subd. 3. Contingent termination. If the council obtains a waiver or release of federal payment obligations as provided in subdivision 2:

(1) the council must decommission and permanently terminate all services related to Northstar, including stopping all passenger service, closing all stations, and ending law enforcement services provided by the Metropolitan Transit Police along the route;

(2) the commissioner and the council must terminate all memorandums of understanding, joint powers agreements, contracts, or any other agreement entered into with any public or private entity pursuant to Minnesota Statutes, sections 174.82 and 473.4057, for the planning, development, construction, operation, or maintenance of Northstar to the fullest extent permissible without a breach under the agreements;

(3) pursuant to Minnesota Statutes, section 473.4057, subdivision 5, the commissioner must immediately terminate any lease, license, assignment, right of access, or other agreement provided to the council to develop, operate, and maintain Northstar;

(4) the council must convey ownership in any real or personal property related to Northstar that was previously owned and conveyed by the commissioner or Department of Transportation under Minnesota Statutes, section 473.4057, subdivision 5, back to the commissioner; and

(5) the council and the commissioner must sell or otherwise dispose of all assets related to Northstar, including but not limited to equipment, supplies, materials, rolling stock, facilities, improvements, personal property, and real property, which must be conducted pursuant to Minnesota Statutes, section 16B.2975.

Subd. 4. Deposit of funds. The commissioner and the council must deposit any revenue received under subdivision 3 in the general fund.

Subd. 5. Appropriation cancellation. Any unspent funds remaining from the fiscal year 2020 general fund appropriation under Laws 2019, First Special Session chapter 3, article 1, section 2, subdivision 2, paragraph (b), for the project to extend Northstar are canceled to the transportation development account.

Journal of the House - 41st Day - Saturday, April 17, 2021 - Top of Page 5425

EFFECTIVE DATE; APPLICATION. This section is effective the day following final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

A roll call was requested and properly seconded.

Koznick offered an amendment to the Daudt amendment to H. F. No. 1684, the second engrossment, as amended.

POINT OF ORDER

Her raised a point of order pursuant to rule 3.21(b) that the Koznick amendment to the Daudt amendment was not in order. Speaker pro tempore Wolgamott ruled the point of order well taken and the Koznick amendment to the Daudt amendment out of order.

Koznick moved to amend the Daudt amendment to H. F. No. 1684, the second engrossment, as amended, as follows:

Page 1, delete lines 11 to 13 and insert:

"Subd. 2. Performance requirements. Northstar is subject to termination as provided under this section, if:

(1) total ridership is less than 450,000 in any six month period, beginning with the period that starts on June 1, 2021;

(2) total annual ridership is less than 900,000, as measured for each period that starts on June 1 and ends on May 31 in the following year, beginning with the period that starts on June 1, 2021; or

(3) the farebox recovery ratio is less than 40 percent in any calendar year, beginning with calendar year 2022."

Page 1, line 14, delete everything after "If" and insert "any of the performance requirements specified in subdivision 2 are not met:"

Page 1, delete line 15

Page 2, line 17, delete "transportation development account" and insert "general fund"

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

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

Journal of the House - 41st Day - Saturday, April 17, 2021 - Top of Page 5426

The question recurred on the Daudt amendment and the roll was called. There were 61 yeas and 69 nays as follows:

Those who voted in the affirmative were:

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

Heinrich moved to amend H. F. No. 1684, the second engrossment, as amended, as follows:

Page 5, delete lines 17 to 19 and insert:

"(a) Operations and Maintenance

385,781,000

387,801,000

The base is $374,697,000 in fiscal year 2024 and $381,805,000 in fiscal year 2025."

Page 7, delete line 9 and insert:

"(2) Program Delivery

242,262,000

244,370,000"

Page 7, delete lines 24 to 26 and insert:

"The base is $236,507,000 in fiscal year 2024 and $240,773,000 in fiscal year 2025.

1,198,816,000

1,026,250,000"

Journal of the House - 41st Day - Saturday, April 17, 2021 - Top of Page 5427

Page 9, delete line 23 and insert:

"(a) County State-Aid Highways

858,133,000

881,647,000"

Page 10, delete line 17 and insert:

"(b) Municipal State-Aid Streets

214,671,000

220,781,000"

Page 27, line 9, delete the second "the" and insert "a contingent"

Page 27, line 15, after the period, insert "The contingent tax rate under this paragraph is only effective if there is a vote at the 2022 general election in favor of adjusting the tax rate on an ongoing basis based on an index, by a majority of the voters who vote on the question to authorize adjusting the tax rate."

Page 27, line 18, delete everything after the first comma and insert "2022."

Page 27, delete line 19

Page 28, line 1, delete the second "the" and insert "a contingent"

Page 28, line 7, after the period, insert "The contingent tax rate under this paragraph is only effective if the contingent tax rate is authorized as provided under section 296A.07, subdivision 3, paragraph (b)."

Page 28, line 11, delete everything after the first comma and insert "2022."

Page 28, delete line 12

Adjust amounts accordingly

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

Rasmusson moved to amend H. F. No. 1684, the second engrossment, as amended, as follows:

Page 18, line 31, after "in" insert "(1) the county seat for Otter Tail County, and (2)"

A roll call was requested and properly seconded.

The question was taken on the Rasmusson amendment and the roll was called. There were 62 yeas and 67 nays as follows:

Those who voted in the affirmative were:

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

Koznick moved to amend H. F. No. 1684, the second engrossment, as amended, as follows:

Page 15, after line 23, insert:

"Subd. 4. Transit public safety grants

The Metropolitan Council must make grants from its transportation budget reserves totaling at least $2,000,000 to the Minneapolis Police Department, the St. Paul Police Department, the Hennepin County Sheriff's Office, and the Ramsey County Sheriff's Office. The grants are to provide enhanced public safety and enforcement activities in 2021 at light rail transit facilities. The council must make grant payments in full by June 30, 2021.

EFFECTIVE DATE; APPLICATION. Subdivision 4 is effective the day following final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington."

Page 114, after line 27, insert:

"Sec. 88. [473.4065] TRANSIT SAFETY.

Subdivision 1. Code of conduct. The council must adopt a rider code of conduct for transit passengers. The council must post a copy of the code of conduct in a prominent location at each light rail transit station and each park-and-ride station.

Subd. 2. Paid fare zones. The council must establish and clearly designate paid fare zones at each station or stop where the council utilizes self-service barrier-free fare collection.

Journal of the House - 41st Day - Saturday, April 17, 2021 - Top of Page 5429

Subd. 3. Light rail transit facility monitoring. (a) The council must implement public safety monitoring and response activities at light rail transit facilities, which must include:

(1) placement of security cameras and sufficient associated lighting that provide live coverage for (i) the entire area at each light rail transit station, and (ii) each light rail transit vehicle;

(2) installation of a public address system at each light rail transit station that is capable of providing information and warnings to passengers; and

(3) real-time active monitoring of passenger activity and potential violations throughout the light rail transit system.

(b) The monitoring activities must include timely maintenance or replacement of malfunctioning cameras or public address systems.

EFFECTIVE DATE; APPLICATION. This section is effective July 1, 2021. This section applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

Sec. 89. Minnesota Statutes 2020, section 473.407, is amended by adding a subdivision to read:

Subd. 7. Staffing complement. The council must not reduce the staff complement of peace officers under this section to below the average staffing level for 2018 to 2020.

EFFECTIVE DATE; APPLICATION. This section is effective the day following final enactment. This section applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington."

Page 117, after line 26, insert:

"(c) Duties of nonsworn personnel authorized by the council under this subdivision include:

(1) performing fare payment compliance inspections;

(2) issuing administrative citations as authorized in paragraph (a); and

(3) obtaining assistance from peace officers upon identifying passenger activity that threatens public safety or violates the code of conduct.

(d) The council must maintain a minimum staff complement of nonsworn personnel authorized to issue administrative citations that equals at least one full-time equivalent per light rail transit station."

Page 117, delete lines 29 to 33

Page 118, line 2, after "fine" insert "as specified in subdivision 9"

Page 118, line 15, delete everything after "costs" and insert "of (1) fare inspection and enforcement activities under this subdivision; and (2) facility monitoring under section 473.4065, subdivision 3. The council must separately identify revenue and expenditures from the account in its budget and financial statements."

Reletter the paragraphs in sequence

Journal of the House - 41st Day - Saturday, April 17, 2021 - Top of Page 5430

Page 118, after line 24, insert:

"Sec. 95. Minnesota Statutes 2020, section 609.855, is amended by adding a subdivision to read:

Subd. 9. Administrative citations; penalty. A person who is issued an administrative citation under subdivision 8 must, within 90 days of issuance, pay a fine of:

(1) $35 for a first offense;

(2) $75 for a second offense; or

(3) $100 for a third or subsequent offense.

EFFECTIVE DATE; APPLICATION. This section is effective the day following final enactment and applies to violations committed on or after that date. This act applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, Sherburne, and Washington.

Sec. 96. Minnesota Statutes 2020, section 609.855, is amended by adding a subdivision to read:

Subd. 10. Mandatory ban. (a) A person who is convicted of a misdemeanor violation under this section is prohibited from accessing Metropolitan Council transit service for 30 days from the date of conviction.

(b) A person who is convicted of a gross misdemeanor violation committed in a transit vehicle or facility operated by the Metropolitan Council is prohibited from accessing Metropolitan Council transit service for six months from the date of conviction.

(c) A person who is convicted of a felony violation committed in a transit vehicle or facility operated by the Metropolitan Council is prohibited from accessing Metropolitan Council transit service for one year from the date of conviction.

(d) For purposes of this subdivision, Metropolitan Council transit service includes but is not limited to (1) entering or riding upon a transit vehicle, and (2) presence in a paid fare zone designated by the council.

(e) A person who intentionally violates the requirements under this subdivision is guilty of a misdemeanor.

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

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

A roll call was requested and properly seconded.

Journal of the House - 41st Day - Saturday, April 17, 2021 - Top of Page 5431

The question was taken on the Koznick amendment and the roll was called. There were 61 yeas and 68 nays as follows:

Those who voted in the affirmative were:

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

Miller was excused between the hours of 7:55 p.m. and 8:20 p.m.

Speaker pro tempore Wolgamott called Moller to the Chair.

H. F. No. 1684, A bill for an act relating to transportation; establishing a budget for transportation; appropriating money for transportation purposes, including Department of Transportation, Metropolitan Council, and Department of Public Safety activities; authorizing the sale and issuance of state bonds; modifying prior appropriations; modifying various fees and surcharges; modifying various transportation-related tax provisions; establishing a transit sales and use tax; providing for noncompliant drivers' licenses and identification cards; establishing advisory committees; establishing accounts; modifying various provisions governing transportation policy and finance; making technical changes; requiring reports; amending Minnesota Statutes 2020, sections 13.6905, by adding a subdivision; 16A.88, subdivision 1a; 84.787, subdivision 7; 84.797, subdivision 7; 84.92, subdivision 8; 97A.055, subdivision 2; 117.075, subdivisions 2, 3; 160.02, subdivision 1a; 160.262, subdivision 3; 160.266, subdivisions 1b, as amended, 6, by adding a subdivision; 161.115, subdivision 27; 161.14, by adding subdivisions; 161.23, subdivisions 2, 2a; 161.44, subdivisions 6a, 6b; 162.145, subdivision 3; 163.07, subdivision 2; 168.002, subdivisions 10, 18; 168.013, subdivisions 1a, 1m; 168.12, subdivision 1; 168.183; 168.301, subdivision 1; 168.31, subdivision 4; 168.327, subdivisions 1, 6, by adding subdivisions; 168A.11, subdivisions 1, 2; 169.011, subdivisions 5, 9, 27, 42,

Journal of the House - 41st Day - Saturday, April 17, 2021 - Top of Page 5432

by adding subdivisions; 169.035, subdivision 3; 169.09, subdivision 13; 169.18, subdivisions 3, 10; 169.222, subdivisions 1, 4, 6a, by adding a subdivision; 169.451, subdivision 3, by adding a subdivision; 169.522, subdivision 1; 169.58, by adding a subdivision; 169.812, subdivision 2; 169.92, subdivision 4; 171.04, subdivision 5; 171.06, subdivisions 2a, 3, by adding subdivisions; 171.07, subdivisions 1, 3, 4, 15; 171.071, by adding a subdivision; 171.12, subdivisions 7a, 7b, 9, by adding a subdivision; 171.13, subdivisions 1, 6, 9; 171.16, subdivisions 2, 3, by adding a subdivision; 171.18, subdivision 1; 171.20, subdivision 4; 171.27; 171.29, subdivision 2; 174.01, by adding a subdivision; 174.03, subdivisions 1c, 12; 174.185, subdivision 3; 174.24, subdivision 7; 174.285, subdivision 5; 174.40, subdivision 5; 174.42, subdivision 2; 174.50, subdivisions 6d, 7, by adding a subdivision; 174.56, subdivision 1; 219.015, subdivisions 1, 2; 219.1651; 296A.07, subdivision 3; 296A.08, subdivision 2; 296A.083, subdivision 2; 297A.64, subdivision 5; 297A.94; 297A.99, subdivision 1; 297B.02, subdivision 1; 299A.55, subdivision 3, by adding a subdivision; 299D.03, subdivision 5; 325E.15; 360.012, by adding a subdivision; 360.013, by adding subdivisions; 360.55, by adding a subdivision; 360.59, subdivision 10; 473.386, by adding a subdivision; 473.39, by adding a subdivision; 473.391, by adding a subdivision; 480.15, by adding a subdivision; 609.855, subdivisions 1, 7, by adding a subdivision; Laws 2012, chapter 287, article 3, sections 2; 3; 4; Laws 2013, chapter 143, article 9, section 20; Laws 2019, First Special Session chapter 3, article 1, section 4, subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 161; 168; 169; 171; 174; 297A; 345; 473; repealing Minnesota Statutes 2020, sections 168.327, subdivision 5; 169.09, subdivision 7; 171.015, subdivision 7; Minnesota Rules, parts 7410.2610, subparts 1, 2, 3, 3a, 5a, 5b, 6; 7414.1490; 7470.0300; 7470.0400; 7470.0500; 7470.0600; 7470.0700.

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

The question was taken on the passage of the bill and the roll was called. There were 69 yeas and 62 nays as follows:

Those who voted in the affirmative were: