Journal of the House - 15th Day - Monday, February 16, 2015

A quorum was present.

Barrett, Considine, Mack, Pinto and Slocum were 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 - 15th Day - Monday, February 16, 2015 - Top of Page 354

REPORTS OF CHIEF CLERK

S. F. No. 174 and H. F. No. 264, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

Knoblach moved that S. F. No. 174 be substituted for H. F. No. 264 and that the House File be indefinitely postponed. The motion prevailed.

REPORTS OF STANDING COMMITTEES AND DIVISIONS

Erickson from the Committee on Education Innovation Policy to which was referred:

H. F. No. 2, A bill for an act relating to education; clarifying conditions for teacher licensure and employment; amending alternative teacher licensure; providing for teacher licensure reciprocity with adjoining states; clarifying the license via portfolio option; clarifying the exemption for technical education instructors; clarifying decisions affecting teachers' unrequested leaves of absence and teaching assignments; prohibiting school administrators from placing students with ineffective teachers; clarifying teacher skills examination requirements; amending Minnesota Statutes 2014, sections 122A.09, subdivision 4; 122A.18, subdivision 2; 122A.21, subdivision 2; 122A.23; 122A.245, subdivisions 1, 3, 7; 122A.25; 122A.30; 122A.40, subdivisions 5, 8, 10, 11; 122A.41, subdivisions 2, 5, 14; 123A.75, subdivision 1; 179A.20, by adding a subdivision; repealing Minnesota Statutes 2014, section 122A.40, subdivision 11.

Reported the same back with the following amendments:

Page 4, delete lines 21 to 28 and insert:

"(o) The board must adopt rules by January 1, 2016, to license applicants under sections 122A.23 and 122A.245. The rules must permit applicants to demonstrate their qualifications through the board's recognition of a teaching license from another state in a similar content field, completion of a state-approved teacher preparation program, teaching experience as the teacher of record in a similar licensure field, depth of content knowledge, depth of content methods or general pedagogy, subject-specific professional development and contribution to the field, or classroom performance as determined by documented student growth on normed assessments or documented effectiveness on evaluations. The rules must adopt criteria for determining a "similar content field" and "similar licensure area.""

Page 4, line 34, delete the new language

Page 5, line 1, delete the new language

Page 5, line 2, after "positions" insert ", including those who meet the standards adopted under section 122A.09, subdivision 4, paragraph (o)"

Page 7, line 30, strike "a course" and insert "coursework"

Page 8, line 9, strike "(b)" and insert "(c)"

Page 8, line 13, reinstate the stricken ", which includes" and delete "that may include" and insert "either (1)"

Page 8, line 14, after "teaching" insert a comma and after "or" insert "(2)"

Journal of the House - 15th Day - Monday, February 16, 2015 - Top of Page 355

Page 8, line 23, after "and" insert "either (i)"

Page 8, line 24, after the first "teaching" insert a comma and after the second "or" insert "(ii)"

Page 8, line 26, delete "(j)" and insert "(i)"

Page 9, lines 4 and 5, delete the new language

Page 9, delete lines 19 to 25

Page 9, line 26, delete "(i)" and insert "(h)"

Page 9, line 28, delete "or" and insert "and"

Page 9, line 29, after "on" insert "the skills examination in reading, writing, and mathematics or, if the applicant does not pass the skills examination, can demonstrate attainment of the requisite composite score on the ACT Plus Writing or SAT, and on"

Page 9, line 31, delete "(j)" and insert "(i)"

Page 9, line 33, after "or" insert ", if the applicant does not pass the skills examination,"

Page 11, line 2, reinstate the stricken language and before the semicolon, insert "adopted by January 1, 2016"

Page 11, delete lines 18 to 20 and insert ""Nontraditional means" must include a portfolio of previous experiences, teaching experience, educator evaluations, certifications marking the completion of education training programs, and essentially equivalent demonstrations."

Page 12, line 2, reinstate the stricken language and delete the new language

Page 12, line 8, after "section" insert "after making efforts to obtain acceptable licensed teachers for the particular course or subject area, consistent with subdivision 2, clause (3)"

Page 17, line 10, after "criteria" insert "such as teacher seniority"

Page 23, line 31, after "criteria" insert "such as teacher seniority"

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

The report was adopted.

Garofalo from the Committee on Job Growth and Energy Affordability Policy and Finance to which was referred:

H. F. No. 65, A bill for an act relating to taxation; income; increasing the small business investment credit; amending Minnesota Statutes 2014, section 116J.8737, subdivision 5.

Reported the same back with the following amendments:

Page 1, line 12, delete "$......." and insert "$18,000,000"

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

The report was adopted.

Journal of the House - 15th Day - Monday, February 16, 2015 - Top of Page 356

Garofalo from the Committee on Job Growth and Energy Affordability Policy and Finance to which was referred:

H. F. No. 66, A bill for an act relating to taxation; income; repealing the sunset of the small business investment credit; amending Minnesota Statutes 2014, section 116J.8737, subdivision 5; repealing Minnesota Statutes 2014, section 116J.8737, subdivision 12.

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

The report was adopted.

Hoppe from the Committee on Commerce and Regulatory Reform to which was referred:

H. F. No. 123, A bill for an act relating to State Lottery; requiring warnings in advertising; amending Minnesota Statutes 2014, section 349A.09, by adding a subdivision.

Reported the same back with the following amendments:

Page 1, after line 20, insert:

"(c) Advertising and promotional materials adopted and published in the adult services or adult entertainment sections of a classified advertising Web site must include a warning that provides, at a minimum:

(1) a statement that child sex traffickers advertise their services on such Web sites; and

(2) the criminal penalties that exist under Minnesota law for participating in child sex trafficking.

The warnings required under this paragraph shall be subject to the requirements of paragraph (b), clauses (1) and (2).

(d) Advertising and promotional materials adopted or published by organizations engaged in providing consumer small loans under section 47.60 or 47.601, commonly referred to as payday lenders, shall include a warning to members of the United States armed forces that provides, at a minimum:

(1) that United States law imposes on payday lenders a 36 percent cap on the annual percentage rate they can charge to members of the armed forces; and

(2) that United States law places further restrictions and limitations on payday lenders with respect to interest payments, loan disclosures, and credit extensions when engaging in transactions with members of the armed forces.

The warnings required under this paragraph shall be subject to the requirements of paragraph (b), clauses (1) and (2)."

Amend the title as follows:

Page 1, line 2, delete "State Lottery" and insert "commerce"

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

The report was adopted.

Journal of the House - 15th Day - Monday, February 16, 2015 - Top of Page 357

Gunther from the Committee on Greater Minnesota Economic and Workforce Development Policy to which was referred:

H. F. No. 211, A bill for an act relating to health; adding rural mental health professionals, public health nurses, dental therapists, and advanced dental therapists to the health professional education loan forgiveness program; appropriating money; amending Minnesota Statutes 2014, section 144.1501, subdivisions 1, 2, 3.

Reported the same back with the following amendments:

Page 1, after line 12, insert:

"(c) "Acupuncture practitioner" means an individual licensed to practice acupuncture under chapter 147B.

(d) "Chiropractor" means an individual licensed to practice chiropractic under sections 148.01 to 148.108."

Page 2, after line 14, insert:

"(p) "Physical therapist" means an individual licensed to practice physical therapy under sections 148.65 to 148.78."

Reletter the paragraphs in sequence

Page 3, line 16, before "mental" insert "acupuncture practitioners, chiropractors, physical therapists,"

Page 3, line 31, after the second "therapist," insert "acupuncture practitioner, chiropractor, physical therapist,"

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

The report was adopted.

Mack from the Committee on Health and Human Services Reform to which was referred:

H. F. No. 229, A bill for an act relating to taxation; income and corporate franchise; providing an individual subtraction for the value of the use of an employer provided fitness facility; providing a corporate subtraction for fitness facility dues for employees; amending Minnesota Statutes 2014, section 290.01, subdivisions 19b, 19d.

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

The report was adopted.

Mack from the Committee on Health and Human Services Reform to which was referred:

H. F. No. 268, A bill for an act relating to taxation; income; providing a credit for certain medical device payments; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 290.

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

The report was adopted.

Journal of the House - 15th Day - Monday, February 16, 2015 - Top of Page 358

Sanders from the Committee on Government Operations and Elections Policy to which was referred:

H. F. No. 337, A bill for an act relating to ethics; modifying provisions related to the campaign finance and public disclosure board; making changes to provisions related to enforcement, registration, fees, data, contributions, statements of economic interest, and various other provisions administered by the board; providing penalties; making technical changes; amending Minnesota Statutes 2014, sections 10A.02, subdivision 11; 10A.03, subdivision 3; 10A.08, subdivision 1; 10A.09, subdivisions 6, 10; 10A.14, subdivisions 1, 1a, 4; 10A.17, subdivision 4; 10A.20, subdivisions 1, 2, 3; 10A.25, subdivision 10; 10A.27, subdivision 1; 10A.273, subdivisions 1, 3; 10A.322, subdivision 4; 10A.34, by adding a subdivision; 13.607, subdivision 5, by adding a subdivision; 211B.04; 211B.12; 211B.15, subdivision 2; 211B.37; repealing Minnesota Statutes 2014, section 10A.20, subdivision 1c; Minnesota Rules, part 4503.1500, subpart 2.

Reported the same back with the following amendments:

Page 1, after line 14, insert:

"Section 1. Minnesota Statutes 2014, section 10A.01, subdivision 11, is amended to read:

Subd. 11. Contribution. (a) "Contribution" means money, a negotiable instrument, or a donation in kind that is given to a political committee, political fund, principal campaign committee, or party unit. An allocation by an association of general treasury money to be used for activities that must be or are reported through the association's political fund is considered to be a contribution for the purposes of disclosure required by this chapter.

(b) "Contribution" includes a loan or advance of credit to a political committee, political fund, principal campaign committee, or party unit, if the loan or advance of credit is: (1) forgiven; or (2) repaid by an individual or an association other than the political committee, political fund, principal campaign committee, or party unit to which the loan or advance of credit was made. If an advance of credit or a loan is forgiven or repaid as provided in this paragraph, it is a contribution in the year in which the loan or advance of credit was made.

(c) "Contribution" does not include services provided without compensation by an individual volunteering personal time on behalf of a candidate, ballot question, political committee, political fund, principal campaign committee, or party unit; the publishing or broadcasting of news items or editorial comments by the news media; or an individual's unreimbursed personal use of an automobile owned by the individual while volunteering personal time.

(d) "Contribution" does not include an individual's granting permission to post a message advocating the nomination, election, or defeat of a candidate on real property occupied as the primary residence of the individual.

Sec. 2. Minnesota Statutes 2014, section 10A.01, subdivision 26, is amended to read:

Subd. 26. Noncampaign disbursement. "Noncampaign disbursement" means a purchase or payment of money or anything of value made, or an advance of credit incurred, or a donation in kind received, by a principal campaign committee for any of the following purposes:

(1) payment for accounting and legal services;

(2) return of a contribution to the source;

(3) repayment of a loan made to the principal campaign committee by that committee;

(4) return of a public subsidy;

Journal of the House - 15th Day - Monday, February 16, 2015 - Top of Page 359

(5) payment for food, beverages, and necessary utensils and supplies, entertainment, and facility rental for a fund-raising event;

(6) services for a constituent by a member of the legislature or a constitutional officer in the executive branch, including the costs of preparing and distributing a suggestion or idea solicitation to constituents, performed from the beginning of the term of office to adjournment sine die of the legislature in the election year for the office held, and half the cost of services for a constituent by a member of the legislature or a constitutional officer in the executive branch performed from adjournment sine die to 60 days after adjournment sine die;

(7) payment for food and beverages consumed by a candidate or volunteers while they are engaged in campaign activities;

(8) payment for food or a beverage consumed while attending a reception or meeting directly related to legislative duties;

(9) payment of expenses incurred by elected or appointed leaders of a legislative caucus in carrying out their leadership responsibilities;

(10) payment by a principal campaign committee of the candidate's expenses for serving in public office, other than for personal uses;

(11) costs of ~~child~~ care for the candidate's children or dependents when campaigning and, if the candidate is a member of the legislature, up to $2,000 in a calendar year of the costs of care for the member's children or dependents required during the performance of official legislative duties;

(12) fees paid to attend a campaign school;

(13) costs of a postelection party during the election year when a candidate's name will no longer appear on a ballot or the general election is concluded, whichever occurs first;

(14) interest on loans paid by a principal campaign committee on outstanding loans;

(15) filing fees;

(16) post-general election holiday or seasonal cards, thank-you notes, or advertisements in the news media mailed or published prior to the end of the election cycle;

(17) the cost of campaign material purchased to replace defective campaign material, if the defective material is destroyed without being used;

(18) contributions to a party unit;

(19) payments for funeral gifts or memorials;

(20) the cost of a magnet less than six inches in diameter containing legislator contact information and distributed to constituents;

(21) costs associated with a candidate attending a political party state or national convention in this state;

(22) other purchases or payments specified in board rules or advisory opinions as being for any purpose other than to influence the nomination or election of a candidate or to promote or defeat a ballot question; and

(23) costs paid to a third party for processing contributions made by a credit card, debit card, or electronic check.

Journal of the House - 15th Day - Monday, February 16, 2015 - Top of Page 360

The board must determine whether an activity involves a noncampaign disbursement within the meaning of this subdivision.

A noncampaign disbursement is considered to be made in the year in which the candidate made the purchase of goods or services or incurred an obligation to pay for goods or services."

Page 1, line 21, strike everything after the first "board"

Page 1, lines 22 to 26, strike the old language

Page 1, line 27, delete the new language and strike everything before the comma

Page 1, line 28, after "shall" insert "promptly"

Page 2, line 3, after "complainant" insert "and the subject of the complaint" and after "be" insert "promptly"

Page 2, line 4, after the period, insert "The notice to the subject of the complaint must include a copy of the complaint."

Page 12, line 28, delete the new language and reinstate the stricken language

Page 12, line 29, delete "$1,500" and insert "$2,500"

Page 12, lines 30 to 33, delete the new language

Page 14, line 12, after "(b)" insert "or (c)"

Page 14, after line 28, insert:

"Sec. 23. Minnesota Statutes 2014, section 211A.01, subdivision 5, is amended to read:

Subd. 5. Contribution. "Contribution" means anything of monetary value that is given or loaned to a candidate or committee for a political purpose. "Contribution" does not include a service provided without compensation by an individual, or an individual's granting permission to post a message advocating the nomination, election, or defeat of a candidate on real property occupied as the primary residence of the individual."

Page 17, after line 3, insert:

"Sec. 27. Minnesota Statutes 2014, section 211B.15, subdivision 11, is amended to read:

Subd. 11. Messages on premises. (a) It is not a violation of this section for a corporation selling products or services to the public to post on its public premises messages that promote participation in precinct caucuses, voter registration, or elections if the messages are not controlled by or operated for the advantage of a candidate, political party, or committee.

(b) If a message advocating the nomination, election, or defeat of a candidate is posted on real property owned by a corporation, partnership, or other legal entity, it is not a contribution under subdivision 2, and not a violation of this section, if:

(1) the real property is also an individual's primary residence, and that individual has granted use of the property to post the message; or

Journal of the House - 15th Day - Monday, February 16, 2015 - Top of Page 361

(2) the message is posted on a sign that does not exceed 18 inches by 24 inches in size."

Page 17, line 29, delete "10.022" and insert "10A.022"

Page 17, after line 34, insert:

"Sec. 31. EFFECTIVE DATE.

This act is effective the day following final enactment."

Renumber the paragraphs and sections in sequence

Amend the title as follows:

Page 1, line 2, delete "ethics" and insert "campaign finance"

Correct the title numbers accordingly

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

The report was adopted.

Mack from the Committee on Health and Human Services Reform to which was referred:

H. F. No. 377, A bill for an act relating to taxation; individual income; allowing a deduction for the value of charity health care services; providing for informational reports; amending Minnesota Statutes 2014, sections 289A.12, by adding a subdivision; 290.01, subdivision 19b.

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

The report was adopted.

Hoppe from the Committee on Commerce and Regulatory Reform to which was referred:

H. F. No. 544, A bill for an act relating to state government; transferring responsibilities relating to administration of the federal weatherization program and the low-income home energy assistance program.

Reported the same back with the following amendments:

Page 1, line 9, delete "administration" and insert "human services"

With the recommendation that when so amended the bill be re-referred to the Committee on Job Growth and Energy Affordability Policy and Finance.

The report was adopted.

Journal of the House - 15th Day - Monday, February 16, 2015 - Top of Page 362

Schomacker from the Committee on Aging and Long-Term Care Policy to which was referred:

H. F. No. 614, A bill for an act relating to long-term care; providing for long-term care workforce needs; appropriating money; amending Minnesota Statutes 2014, sections 144.1501, subdivision 3; 256B.431, subdivision 36; 256B.441, subdivisions 13, 53.

Reported the same back with the following amendments:

Page 1, before line 6, insert:

"Section 1. Minnesota Statutes 2014, section 144.1501, subdivision 1, is amended to read:

Subdivision 1. Definitions. (a) For purposes of this section, the following definitions apply.

(b) "Dental therapist" means an individual who is licensed as a dental therapist under section 150A.06.

~~(b)~~ (c) "Dentist" means an individual who is licensed to practice dentistry.

~~(c)~~ (d) "Designated rural area" means a city or township that is:

(1) outside the seven-county metropolitan area as defined in section 473.121, subdivision 2; and

(2) has a population under 15,000.

~~(d)~~ (e) "Emergency circumstances" means those conditions that make it impossible for the participant to fulfill the service commitment, including death, total and permanent disability, or temporary disability lasting more than two years.

~~(e)~~ (f) "Medical resident" means an individual participating in a medical residency in family practice, internal medicine, obstetrics and gynecology, pediatrics, or psychiatry.

~~(f)~~ (g) "Midlevel practitioner" means a nurse practitioner, nurse-midwife, nurse anesthetist, advanced clinical nurse specialist, or physician assistant.

~~(g)~~ (h) "Nurse" means an individual who has completed training and received all licensing or certification necessary to perform duties as a licensed practical nurse or registered nurse.

~~(h)~~ (i) "Nurse-midwife" means a registered nurse who has graduated from a program of study designed to prepare registered nurses for advanced practice as nurse-midwives.

~~(i)~~ (j) "Nurse practitioner" means a registered nurse who has graduated from a program of study designed to prepare registered nurses for advanced practice as nurse practitioners.

~~(j)~~ (k) "Pharmacist" means an individual with a valid license issued under chapter 151.

~~(k)~~ (l) "Physician" means an individual who is licensed to practice medicine in the areas of family practice, internal medicine, obstetrics and gynecology, pediatrics, or psychiatry.

~~(l)~~ (m) "Physician assistant" means a person licensed under chapter 147A.

~~Journal of the House - 15th Day - Monday, February 16, 2015 - Top of Page 363~~

~~(m)~~ (n) "Qualified educational loan" means a government, commercial, or foundation loan for actual costs paid for tuition, reasonable education expenses, and reasonable living expenses related to the graduate or undergraduate education of a health care professional.

~~(n)~~ (o) "Underserved urban community" means a Minnesota urban area or population included in the list of designated primary medical care health professional shortage areas (HPSAs), medically underserved areas (MUAs), or medically underserved populations (MUPs) maintained and updated by the United States Department of Health and Human Services.

Sec. 2. Minnesota Statutes 2014, section 144.1501, subdivision 2, is amended to read:

Subd. 2. Creation of account. (a) A health professional education loan forgiveness program account is established. The commissioner of health shall use money from the account to establish a loan forgiveness program:

(1) for medical residents agreeing to practice in designated rural areas or underserved urban communities or specializing in the area of pediatric psychiatry;

(2) for midlevel practitioners agreeing to practice in designated rural areas or to teach at least 12 credit hours, or 720 hours per year in the nursing field in a postsecondary program at the undergraduate level or the equivalent at the graduate level;

(3) for nurses who agree to practice in a Minnesota nursing home or intermediate care facility for persons with developmental disability or to teach at least 12 credit hours, or 720 hours per year in the nursing field in a postsecondary program at the undergraduate level or the equivalent at the graduate level;

(4) for other health care technicians agreeing to teach at least 12 credit hours, or 720 hours per year in their designated field in a postsecondary program at the undergraduate level or the equivalent at the graduate level. The commissioner, in consultation with the Healthcare Education-Industry Partnership, shall determine the health care fields where the need is the greatest, including, but not limited to, respiratory therapy, clinical laboratory technology, radiologic technology, and surgical technology;

(5) for pharmacists who agree to practice in designated rural areas; ~~and~~

(6) for dentists agreeing to deliver at least 25 percent of the dentist's yearly patient encounters to state public program enrollees or patients receiving sliding fee schedule discounts through a formal sliding fee schedule meeting the standards established by the United States Department of Health and Human Services under Code of Federal Regulations, title 42, section 51, chapter 303.; and

(7) for dental therapists agreeing to practice in a Minnesota nursing home or intermediate care facility for persons with a developmental disability.

(b) Appropriations made to the account do not cancel and are available until expended, except that at the end of each biennium, any remaining balance in the account that is not committed by contract and not needed to fulfill existing commitments shall cancel to the fund."

Page 2, line 10, after the second "nurses" insert ", and training expenses for newly hired and recently graduated nursing assistants as defined in section 144A.61, subdivision 2"

Renumber the sections in sequence

Correct the title numbers accordingly

With the recommendation that when so amended the bill be re-referred to the Committee on Greater Minnesota Economic and Workforce Development Policy.

The report was adopted.

Journal of the House - 15th Day - Monday, February 16, 2015 - Top of Page 364

Schomacker from the Committee on Aging and Long-Term Care Policy to which was referred:

H. F. No. 627, A bill for an act relating to long-term care; modifying nursing facility employee scholarship costs; expanding the health professionals eligible for the health professional education loan forgiveness program; appropriating money; amending Minnesota Statutes 2014, sections 144.1501, subdivision 2; 256B.431, subdivision 36.

Reported the same back with the following amendments:

Page 1, before line 7, insert: