Journal of the House - 89th Day - Wednesday, April 27, 2016

A quorum was present.

Flanagan and Slocum were excused.

Isaacson was excused until 2:10 p.m. Melin was excused until 2:55 p.m. Lesch was excused until 3:35 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 - 89th Day - Wednesday, April 27, 2016 - Top of Page 7728

REPORTS OF STANDING COMMITTEES AND DIVISIONS

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

H. F. No. 3255, A bill for an act relating to state government; ratifying labor agreements; approving a compensation plan.

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

Joint Rule 2.03 has been waived for any subsequent committee action on this bill.

The report was adopted.

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

H. F. No. 3584, A bill for an act relating to state government; ratifying labor agreements.

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

Joint Rule 2.03 has been waived for any subsequent committee action on this bill.

The report was adopted.

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

H. F. No. 3585, A bill for an act relating to public employment; ratifying labor agreements and compensation plans; requiring affirmative approval before interim implementation of state employee collective bargaining agreements; prohibiting exclusive representatives from requiring political contributions; requiring open meetings; amending Minnesota Statutes 2014, sections 3.855, subdivision 2; 179A.14, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 179A.

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

Joint Rule 2.03 has been waived for any subsequent committee action on this bill.

The report was adopted.

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

H. F. No. 3925, A bill for an act relating to Iron Range resources and rehabilitation; modifying duties of the commissioner; creating a Legislative-Citizen Commission; providing legislative oversight; modifying appropriations and distributions; making conforming changes; requiring a study; appropriating money; amending Minnesota Statutes 2014, sections 116J.423, subdivision 1; 116J.424; 298.001, by adding a subdivision; 298.018, subdivision 1;

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298.17; 298.22; 298.221; 298.2211, subdivisions 3, 6; 298.2213; 298.2214, subdivision 2; 298.223; 298.227; 298.27; 298.28, subdivisions 7, 7a, 9c, 9d, 11; 298.292, subdivision 2; 298.294; 298.296; 298.2961; 298.297; 298.298; 298.46.

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

Joint Rule 2.03 has been waived for any subsequent committee action on this bill.

The report was adopted.

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

H. F. No. 3944, A bill for an act relating to health; requiring rulemaking on indoor radon licensure and work standards; allowing local governments to require inspections or permits; amending Minnesota Statutes 2015 Supplement, section 144.4961, subdivision 3, by adding a subdivision.

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

Joint Rule 2.03 has been waived for any subsequent committee action on this bill.

The report was adopted.

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

H. F. No. 3959, A bill for an act relating to transportation; authorizing and governing implementation of requirements of the federal REAL ID Act; amending certain requirements governing driver's licenses and Minnesota identification cards; amending certain fees; requiring legislative reporting; requiring rulemaking; appropriating money; amending Minnesota Statutes 2014, sections 171.017, subdivisions 1, 2; 171.06, subdivisions 1, 3, by adding a subdivision; 171.07, subdivisions 1, 3, 4, 9a; 171.072; 171.12, by adding subdivisions; 171.27; proposing coding for new law in Minnesota Statutes, chapter 171; repealing Laws 2009, chapter 92, section 1, as amended.

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

Joint Rule 2.03 has been waived for any subsequent committee action on this bill.

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. No. 3944 was read for the second time.

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INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Green introduced:

H. F. No. 3974, A bill for an act relating to natural resources; requiring county approval of certain land acquisitions; amending Minnesota Statutes 2014, section 97A.056, by adding a subdivision.

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

Mahoney introduced:

H. F. No. 3975, A bill for an act relating to housing finance; appropriating money for the home ownership assistance fund, the economic development and housing challenge program, and for capacity building grants.

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

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned:

H. F. No. 3252, A bill for an act relating to commerce; requiring qualified active duty military members and veterans and spouses to receive a licensing experience waiver for the broker's examination; amending Minnesota Statutes 2014, section 82.59, subdivision 5.

JoAnne M. Zoff, Secretary of the Senate

Mr. Speaker:

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

S. F. Nos. 2381, 2459, 2678, 2760, 2862, 3028, 3084 and 3113.

JoAnne M. Zoff, Secretary of the Senate

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FIRST READING OF SENATE BILLS

S. F. No. 2381, A bill for an act relating to elections; modifying provisions related to elections and election administration; modifying provisions related to electronic voting systems; allowing preregistration for 17 year-olds; providing for elections emergency preparedness and response; authorizing alternative method for submitting certain in-person absentee ballot; modifying provisions related to felon voting; amending Minnesota Statutes 2014, sections 123B.09, by adding a subdivision; 201.014, by adding a subdivision; 201.054, subdivisions 1, 2; 201.061, by adding a subdivision; 201.091, subdivision 4; 202A.13; 203B.081; 204B.04, by adding a subdivision; 204B.07, subdivision 4; 204B.14, subdivisions 2, 7; 204B.146, subdivision 3; 204B.18, subdivision 1; 204B.35, by adding a subdivision; 204C.05, subdivision 2; 204C.07, subdivision 3; 204C.10; 204C.15, subdivision 1; 204C.24, subdivision 1; 204C.37; 204C.39, subdivision 4; 204D.08, subdivisions 4, 6; 204D.20, subdivision 3; 204D.22, subdivisions 2, 3; 205.065, subdivision 4; 205.10, subdivision 6; 205A.03, subdivision 3; 205A.05, subdivision 2; 205A.06, subdivision 1; 205A.11, subdivision 2a; 206.80; 206.86, by adding a subdivision; 209.021, subdivision 1; Minnesota Statutes 2015 Supplement, sections 201.071, subdivision 1; 203B.17, subdivision 1; 204B.45, subdivision 2; 204C.08, subdivision 1d; 609.165, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 201; 204B; repealing Minnesota Statutes 2014, section 204B.17; Minnesota Statutes 2015 Supplement, sections 123B.09, subdivision 5a; 123B.095; 201.275.

The bill was read for the first time.

Sanders moved that S. F. No. 2381 and H. F. No. 2688, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2459, A bill for an act relating to child protection; providing for children's advocacy center membership on multidisciplinary child protection teams; amending Minnesota Statutes 2014, section 626.558, subdivisions 1, 2, by adding a subdivision.

The bill was read for the first time.

Zerwas moved that S. F. No. 2459 and H. F. No. 2572, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2678, A bill for an act relating to natural resources; creating Sophia's Law; requiring marine carbon monoxide detection systems on certain motorboats; requiring safety information on carbon monoxide poisoning from certain motorboats; requiring a report; appropriating money; amending Minnesota Statutes 2014, section 86B.005, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 86B.

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

S. F. No. 2760, A bill for an act relating to state lands; providing for valuation of bond-financed property; modifying provisions for sale and exchange of state land; modifying prior sales authorization; providing for release of certain reversionary interest; designating state waysides and forests; adding to and deleting from state forests and parks; authorizing sales, conveyances, and exchange of certain state lands; amending Minnesota Statutes 2014, sections 85.013, by adding a subdivision; 89.021, by adding a subdivision; 92.115, by adding a subdivision; 94.3495, subdivisions 2, 3, 7; Minnesota Statutes 2015 Supplement, section 94.10, subdivision 2; Laws 2012, chapter 236, section 28, subdivisions 2, 5, 9; proposing coding for new law in Minnesota Statutes, chapter 94.

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

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S. F. No. 2862, A bill for an act relating to public safety; increasing penalties for attempting to hire a minor for prostitution; amending Minnesota Statutes 2014, section 243.166, subdivision 1b; Minnesota Statutes 2015 Supplement, section 609.324, subdivision 1.

The bill was read for the first time.

Pinto moved that S. F. No. 2862 and H. F. No. 2976, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 3028, A bill for an act relating to higher education; regulating remediation and testing; regulating the teacher shortage loan forgiveness program; broadening child care grants; requiring information about federal loan forgiveness programs; requiring information about school acceptance of dual credits; regulating MnSCU credit transfer and curriculum policies; creating a pilot MnSCU program for developmentally disabled students; regulating state grants; amending Minnesota Statutes 2014, section 136A.101, subdivision 10; Minnesota Statutes 2015 Supplement, sections 120B.30, subdivision 1; 136A.121, subdivision 7a; 136A.125, subdivision 2; 136A.1791, subdivisions 4, 5, 6; 136A.87; 136F.302, subdivision 1; Laws 2015, chapter 69, article 3, sections 20, subdivision 15; 24, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 136A; 136F.

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

S. F. No. 3084, A bill for an act relating to transportation; amending requirements governing small vehicle passenger service ordinances that regulate pedicabs; amending Minnesota Statutes 2014, sections 221.091, subdivision 2; 368.01, subdivision 12; 412.221, subdivision 20.

The bill was read for the first time.

Mariani moved that S. F. No. 3084 and H. F. No. 3497, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 3113, A bill for an act relating to legislative enactments; correcting erroneous, ambiguous, and omitted text and obsolete references; removing redundant, conflicting, and superseded provisions; making miscellaneous corrections to laws, statutes, and rules; amending Minnesota Statutes 2014, sections 3.739, subdivision 2a; 3.7394, subdivision 3; 3.855, subdivision 4; 3.8851, subdivision 1; 3A.02, subdivision 1; 10A.09, subdivision 5; 12.38; 13.08, subdivision 4; 13.321, subdivision 7; 13.3806, by adding a subdivision; 13.46, subdivision 1; 13.461, subdivision 16, by adding a subdivision; 13.6435, by adding a subdivision; 14.03, subdivision 1; 15.06, subdivision 8; 16A.124, subdivisions 4a, 4b; 16A.131, subdivision 2; 16B.58, subdivision 5; 40A.04, subdivision 1; 41A.12, subdivision 2; 43A.01, subdivision 2; 45.011, subdivision 1; 62A.046, subdivision 4; 62A.095, subdivision 1; 62D.04, subdivisions 3, 5; 62D.09, subdivision 8; 62E.02, subdivision 13; 62E.11, subdivision 5; 62E.14, subdivision 4e; 62J.497, subdivision 2; 62J.60, subdivisions 2a, 3; 62J.70, subdivision 2; 62J.701; 62J.81, subdivision 2; 62L.03, subdivision 3; 62M.07; 62N.40; 62Q.03, subdivision 5a; 62Q.18, subdivision 1; 62Q.19, subdivision 2a; 62Q.22, subdivision 8; 62Q.37, subdivision 1; 62Q.47; 62Q.73, subdivision 2; 62Q.80, subdivision 5; 62U.01, subdivision 12; 62U.10, subdivision 5; 85A.05, subdivisions 4, 5, 6; 115A.551, subdivisions 3, 4, 5; 116.07, subdivision 5; 116.42; 116.43; 116.77; 116A.24, subdivision 2; 119A.04, subdivision 2; 122A.09, subdivision 10; 122A.21, subdivision 1; 123B.57, subdivision 3; 124D.50, subdivision 4; 124D.895, subdivision 3; 125A.51; 127A.45, subdivision 11; 134.32, subdivision 8; 136A.128, subdivision 2; 144.1222, subdivision 2a; 144.225, subdivisions 2, 2a; 144.414, subdivision 2; 144.4812; 144.608, subdivision 1; 144.651, subdivision 2; 144A.04, subdivision 7; 144A.10, subdivision 4; 144A.105, subdivision 1; 144A.43, subdivision 22; 144A.442; 144A.4792, subdivision 13; 144D.01, subdivision 4; 144E.285, subdivision 2; 144G.03, subdivision 2; 145.4133; 145.61,

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subdivision 5; 146A.11, subdivision 1; 147A.08; 147B.03, subdivision 1; 148.519, subdivision 1; 148.741; 150A.06, subdivision 2d; 151.55, subdivision 6; 153A.15, subdivision 1; 155A.23, subdivision 5a; 155A.355, subdivisions 1, 2; 168B.07, subdivision 3; 174.06, subdivision 2; 176.105, subdivision 4; 196.05, subdivision 1; 201.225, subdivision 2; 216B.1636, subdivision 1; 221.025; 239.7911, subdivision 2; 241.021, subdivision 4a; 244.05, subdivision 8; 244.054, subdivision 2; 245.466, subdivision 7; 245.467, subdivision 2; 245.4682, subdivision 3; 245.4712, subdivision 3; 245.4871, subdivision 32; 245.4876, subdivision 2; 245.826; 245.94, subdivision 1; 245A.03, subdivisions 2a, 2b, 4, 5, 6; 245A.14, subdivision 10; 245D.06, subdivisions 6, 8; 252.28, subdivision 3; 252.451, subdivision 1; 253B.03, subdivision 10; 253B.064, subdivision 1; 253B.18, subdivision 5a; 253C.01, subdivision 1; 254B.03, subdivision 4; 254B.04, subdivision 1; 256.01, subdivisions 2, 2b, 18, 18a, 39; 256.014, subdivision 1; 256.015, subdivisions 1, 3; 256.019, subdivision 1; 256.029; 256.045, subdivisions 3a, 3b, 10; 256.046, subdivision 1; 256.9365, subdivision 3; 256.962, subdivisions 1, 5; 256.9655, subdivision 1; 256.9686, subdivision 7; 256.98, subdivisions 3, 8; 256.99; 256.991; 256.997, subdivision 4; 256B.02, subdivision 9; 256B.03, subdivision 3; 256B.035; 256B.037, subdivisions 1, 5; 256B.04, subdivision 14; 256B.042, subdivisions 1, 3; 256B.043, subdivision 1; 256B.056, subdivision 6; 256B.0625, subdivisions 3, 3c, 5, 25a, 34; 256B.0636; 256B.0653, subdivision 2; 256B.0659, subdivision 22; 256B.075, subdivisions 2, 3; 256B.0751, subdivision 1; 256B.092, subdivision 4a; 256B.093, subdivision 3; 256B.0947, subdivision 3a; 256B.15, subdivisions 1, 1a, 2; 256B.19, subdivision 2c; 256B.25, subdivision 3; 256B.37, subdivision 2; 256B.438, subdivision 4; 256B.47, subdivisions 1, 3, 4; 256B.4914, subdivision 9; 256B.50, subdivision 1a; 256B.501, subdivision 11; 256B.5013, subdivision 1; 256B.69, subdivision 5; 256B.691; 256B.71, subdivision 4; 256B.73, subdivisions 4, 8; 256B.76, subdivision 5; 256B.77, subdivisions 10, 26; 256C.30; 256G.01, subdivision 4; 256G.02, subdivisions 4, 6; 256G.03, subdivision 2; 256I.05, subdivision 1a; 256J.01, subdivision 5; 256J.08, subdivision 73; 256J.24, subdivision 7; 256J.396, subdivision 1; 256J.68, subdivision 6; 256L.03, subdivision 3; 256L.09, subdivision 1; 256L.12, subdivisions 4, 5; 256M.10, subdivision 2; 257C.03, subdivision 7; 260.785, subdivision 3; 260.795, subdivision 2; 260B.188, subdivision 1; 260C.188, subdivision 1; 268.19, subdivision 1; 268A.01, subdivision 14; 270C.721; 271.06, subdivision 7; 271.07; 272.02, subdivision 10; 273.032; 287.29, subdivision 1; 289A.08, subdivisions 1, 7; 289A.12, subdivision 14; 289A.50, subdivision 10; 290.01, subdivisions 22, 29a; 290.06, subdivisions 2c, 22; 290.067, subdivision 1; 290.0674, subdivision 1; 290.0675, subdivision 1; 290.0802, subdivisions 1, 2; 290.091, subdivisions 2, 3, 6; 290.0921, subdivision 3; 290.311, subdivision 1; 290.9727, subdivision 3; 290.9728, subdivision 2; 290.9729, subdivision 2; 291.031; 297A.70, subdivision 11; 297B.01, subdivision 14; 297E.01, subdivision 8; 298.01, subdivisions 3b, 4b, 4c; 298.223, subdivision 1; 298.28, subdivision 4; 298.294; 298.2961, subdivision 4; 303.16, subdivision 2; 319B.02, subdivision 19; 325E.34, subdivision 1; 326B.31, subdivision 15; 326B.42, subdivision 6; 326B.91, subdivision 8; 326B.92, subdivision 2; 327C.02, subdivision 5; 349.12, subdivision 25; 355.01, subdivision 3e; 383B.213; 383D.65, subdivision 3; 389.03; 412.191, subdivision 1; 412.581; 414.0325, subdivision 5; 446A.072, subdivision 14; 469.056, subdivision 1; 469.1734, subdivisions 5, 6, 7; 469.1735, subdivision 1; 469.1763, subdivision 2; 473.388, subdivision 4; 473.39, subdivision 1; 473.8441, subdivision 1; 480.35, subdivision 2; 484.87, subdivision 5; 517.08, subdivision 4; 524.2-215; 525.313; 550.37, subdivision 14; 557.021; 609.232, subdivisions 3, 11; 609.495, subdivision 1; 609B.127; 609B.132; 609B.425, subdivision 2; 611A.52, subdivision 8; 641.15, subdivision 2; 641.155; Minnesota Statutes 2015 Supplement, sections 13.46, subdivision 2; 41A.15, subdivision 10; 41A.17, subdivision 1; 62A.045; 62J.692, subdivision 4; 62Q.37, subdivision 2; 116D.04, subdivision 2a; 116J.549, subdivision 2; 119B.011, subdivision 15; 120B.301; 123B.595, subdivision 11; 125A.11, subdivision 1; 125A.76, subdivision 2c; 125A.79, subdivision 1; 144.551, subdivision 1; 151.37, subdivision 2; 200.02, subdivision 23; 245.4661, subdivisions 6, 9; 245A.02, subdivision 21; 245D.06, subdivision 7; 245D.061, subdivision 1; 246.18, subdivision 8; 256B.038; 256B.0622, subdivision 2; 256B.0625, subdivision 20; 256B.0915, subdivisions 3a, 3e, 3h; 256B.431, subdivision 2b; 256B.50, subdivision 1; 256B.765; 256B.85, subdivisions 17, 18a; 256I.04, subdivisions 3, 4; 256I.05, subdivision 1c; 260C.221; 261.23; 290.01, subdivision 19; 290.0671, subdivision 1; 501C.0103; 501C.0111; 604.175; 624.713, subdivision 1; 626.556, subdivision 3c; 626.5572, subdivisions 6, 21; Laws 2010, chapter 216, section 12; Laws 2015, chapter 77, article 1, section 11, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 290; repealing Minnesota Statutes 2014, sections 13.319, subdivision 6; 13.3806, subdivision 18; 13.598, subdivision 4; 13.6905, subdivision 23; 40A.03; 93.223, subdivision 2; 127A.48, subdivision 9; 147.031; 148.232; 245.482, subdivision 5; 256.966, subdivision 1;

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256B.0645; 259.24, subdivision 8; 290.01, subdivisions 19a, 19b, 19c, 19d; 297A.71, subdivisions 42, 46, 47; 298.2961, subdivisions 5, 6, 7; 383B.926; 386.23; 507.30; 507.37; 557.07; Laws 2014, chapter 286, article 6, section 2; Laws 2015, chapter 45, section 17; Laws 2015, chapter 68, article 14, section 8.

The bill was read for the first time.

Smith moved that S. F. No. 3113 and H. F. No. 2797, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

Peppin moved that the House recess subject to the call of the Chair. The motion prevailed.

RECESS

RECONVENED

The House reconvened and was called to order by the Speaker.

CALENDAR FOR THE DAY

H. F. No. 3931 was reported to the House.

Garofalo moved to amend H. F. No. 3931, the second engrossment, as follows:

Page 57, line 20, delete "$7,461,000" and insert "$7,160,000"

The motion prevailed and the amendment was adopted.

Cornish moved to amend H. F. No. 3931, the second engrossment, as amended, as follows:

Page 47, line 15, delete "7,653,000" and insert "7,753,000"

Page 47, line 17, delete "(11,947,000)" and insert "(11,847,000)"

Page 50, after line 15, insert:

"(l) $100,000 in fiscal year 2017 is from the general fund for a grant to the city of Madelia to provide match funding for a federal Economic Development Agency technical assistance grant. This is a onetime appropriation."

Page 56, line 5, delete "$250,000" and insert "$150,000"

Page 56, line 6, after "fund" insert "and $100,000 in fiscal year 2017 is from the workforce development fund"

The motion prevailed and the amendment was adopted.

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Johnson, C., was excused between the hours of 1:40 p.m. and 2:40 p.m.

The Speaker called Davids to the Chair.

Fabian moved to amend H. F. No. 3931, the second engrossment, as amended, as follows:

Page 31, after line 7, insert:

"Section 1. Minnesota Statutes 2014, section 3.736, subdivision 4, is amended to read:

Subd. 4. Limits. The total liability of the state and its employees acting within the scope of their employment on any tort claim shall not exceed:

(a) $300,000 when the claim is one for death by wrongful act or omission and $300,000 to any claimant in any other case, for claims arising before August 1, 2007;

(b) $400,000 when the claim is one for death by wrongful act or omission and $400,000 to any claimant in any other case, for claims arising on or after August 1, 2007, and before July 1, 2009;

(c) $500,000 when the claim is one for death by wrongful act or omission and $500,000 to any claimant in any other case, for claims arising on or after July 1, 2009;

(d) $750,000 for any number of claims arising out of a single occurrence, for claims arising on or after January 1, 1998, and before January 1, 2000;

(e) $1,000,000 for any number of claims arising out of a single occurrence, for claims arising on or after January 1, 2000, and before January 1, 2008;

(f) $1,200,000 for any number of claims arising out of a single occurrence, for claims arising on or after January 1, 2008, and before July 1, 2009;

(g) $1,500,000 for any number of claims arising out of a single occurrence, for claims arising on or after July 1, 2009; or

(h) ~~$1,000,000~~ $500,000 for any number of claims arising out of a single occurrence, if the claim involves a nonprofit organization engaged in or administering outdoor recreational activities funded in whole or in part by the state or operating under the authorization of a permit issued by an agency or department of the state.

If the amount awarded to or settled upon multiple claimants exceeds the applicable limit under clause (d), (e), (f), (g), or (h), any party may apply to the district court to apportion to each claimant a proper share of the amount available under the applicable limit under clause (d), (e), (f), or (g). The share apportioned to each claimant shall be in the proportion that the ratio of the award or settlement bears to the aggregate awards and settlements for all claims arising out of the occurrence.

The limitation imposed by this subdivision on individual claimants includes damages claimed for loss of services or loss of support arising out of the same tort."

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Page 33, after line 6, insert:

"Sec. 5. Minnesota Statutes 2014, section 84.089, subdivision 3, is amended to read:

Subd. 3. Application of law. Except as otherwise provided in this section, a volunteer is not a state employee and is not subject to the provisions of law relating to state employment, including but not limited to those relating to hours of work, rates of compensation, leave, unemployment benefits, and state employee benefits. A volunteer accepted under this section, except for a volunteer of a nonprofit organization with permission from the commissioner of natural resources to assist in maintenance in state parks, state forests, wildlife management areas, or on state trails, is a state employee for the purposes of section 176.011, subdivision 9, and the provisions of chapter 176, relating to workers' compensation apply to the volunteer."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Metsa moved to amend H. F. No. 3931, the second engrossment, as amended, as follows:

Page 18, after line 25, insert:

"Sec. 22. Laws 2015, First Special Session chapter 4, article 1, section 2, subdivision 2, is amended to read:

Subd. 2. Protection Services

16,452,000

16,402,000

Appropriations by Fund
	2016	2017
General	15,874,000	15,824,000
Agricultural	190,000	190,000
Remediation	388,000	388,000

$25,000 the first year and $25,000 the second year are to develop and maintain cottage food license exemption outreach and training materials.

$75,000 the first year is for the commissioner, in consultation with the Northeast Regional Corrections Center and the United Food and Commercial Workers, to study and provide recommendations for upgrading the existing processing facility on the campus of
the Northeast Regional Corrections Center into a USDA-certified
food processing facility. The commissioner shall report these recommendations to the chairs of the house of representatives and senate committees with jurisdiction over agriculture finance by March 15, 2016.

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$75,000 the second year is ~~for a coordinator for~~ to coordinate the correctional facility vocational training pilot program and to assist entities that have explored the feasibility of establishing a USDA‑certified food processing facility within 30 miles of the Northeast Regional Corrections Center.

$388,000 the first year and $388,000 the second year are from the remediation fund for administrative funding for the voluntary cleanup program.

$225,000 the first year and $175,000 the second year are for compensation for destroyed or crippled animals under Minnesota Statutes, section 3.737. This appropriation may be spent to compensate for animals that were destroyed or crippled during fiscal years 2014 and 2015. If the amount in the first year is insufficient, the amount in the second year is available in the first year.

$125,000 the first year and $125,000 the second year are for compensation for crop damage under Minnesota Statutes, section 3.7371. If the amount in the first year is insufficient, the amount in the second year is available in the first year.

If the commissioner determines that claims made under Minnesota Statutes, section 3.737 or 3.7371, are unusually high, amounts appropriated for either program may be transferred to the appropriation for the other program.

$70,000 the first year and $70,000 the second year are for additional cannery inspections.

$100,000 the first year and $100,000 the second year are for increased oversight of delegated local health boards.

$100,000 the first year and $100,000 the second year are to decrease the turnaround time for retail food handler plan reviews.

$1,024,000 the first year and $1,024,000 the second year are to streamline the retail food safety regulatory and licensing experience for regulated businesses and to decrease the inspection delinquency rate.

$1,350,000 the first year and $1,350,000 the second year are for additional inspections of food manufacturers and wholesalers.

$150,000 the first year and $150,000 the second year are for additional funding for dairy inspection services.

$150,000 the first year and $150,000 the second year are for additional funding for laboratory services operations.

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$250,000 the first year and $250,000 the second year are for additional meat inspection services, including inspections provided under the correctional facility vocational training pilot program.

Notwithstanding Minnesota Statutes, section 18B.05, $90,000 the first year and $90,000 the second year are from the pesticide regulatory account in the agricultural fund for an increase in the operating budget for the Laboratory Services Division.

$100,000 the first year and $100,000 the second year are from the pesticide regulatory account in the agricultural fund to update and modify applicator education and training materials."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

Hamilton moved to amend the Metsa amendment to H. F. No. 3931, the second engrossment, as amended, as follows:

Page 2, line 7, after "USDA-certified" insert "or state "equal to""

The motion prevailed and the amendment to the amendment was adopted.

The question recurred on the Metsa amendment, as amended, to H. F. No. 3931, the second engrossment, as amended. The motion prevailed and the amendment, as amended, was adopted.

Hackbarth moved to amend H. F. No. 3931, the second engrossment, as amended, as follows:

Page 42, after line 26, insert:

"Sec. 25. Minnesota Statutes 2014, section 97A.075, subdivision 1, is amended to read:

Subdivision 1. Deer, bear, and lifetime licenses. (a) For purposes of this subdivision, "deer license" means a license issued under section 97A.475, subdivisions 2, clauses (5), (6), (7), (13), (14), and (15); 3, paragraph (a), clauses (2), (3), (4), (10), (11), and (12); and 8, paragraph (b), and licenses issued under section 97B.301, subdivision 4.

(b) $2 from each annual deer license and $2 annually from the lifetime fish and wildlife trust fund, established in section 97A.4742, for each license issued under section 97A.473, subdivision 4, shall be credited to the deer management account and is appropriated to the commissioner for deer habitat improvement or deer management programs.

(c) $1 from each annual deer license and each bear license and $1 annually from the lifetime fish and wildlife trust fund, established in section 97A.4742, for each license issued under section 97A.473, subdivision 4, shall be credited to the deer and bear management account and is appropriated to the commissioner for deer and bear management programs, including a computerized licensing system.

Journal of the House - 89th Day - Wednesday, April 27, 2016 - Top of Page 7739

(d) Fifty cents from each deer license is credited to the emergency deer feeding and wild cervidae health management account and is appropriated for emergency deer feeding and wild cervidae health management. Money appropriated for emergency deer feeding and wild cervidae health management is available until expended.

When the unencumbered balance in the appropriation for emergency deer feeding and wild cervidae health management exceeds $2,500,000 at the end of a fiscal year, the unencumbered balance in excess of $2,500,000 is canceled and available for deer and bear management programs and computerized licensing.

(e) Fifty cents from each annual deer license and 50 cents annually from the lifetime fish and wildlife trust fund established in section 97A.4742, for each license issued under section 97A.473, subdivision 4, shall be credited to the wolf management and monitoring account under subdivision 7.

Sec. 26. Minnesota Statutes 2014, section 97A.075, subdivision 7, is amended to read:

Subd. 7. Wolf licenses; account established. (a) For purposes of this subdivision, "wolf license" means a license or permit issued under section 97A.475, subdivision 2, clause (20); 3, paragraph (a), clause (16); or 20, paragraph (b).

(b) A wolf management and monitoring account is created in the game and fish fund. Revenue from wolf licenses must be credited to the wolf management and monitoring account and is appropriated to the commissioner only for wolf management, research, damage control, enforcement, and education. Notwithstanding any other law to the contrary, money credited to the account may not be used to pay indirect costs or agency shared services."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

Kahn moved to amend the Hackbarth amendment to H. F. No. 3931, the second engrossment, as amended, as follows:

Page 2, line 10, after the first comma, insert "nonlethal prevention of wolf conflicts with livestock, excluding sterilization,"

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

The question recurred on the Hackbarth amendment to H. F. No. 3931, the second engrossment, as amended. The motion prevailed and the amendment was adopted.

Hilstrom, Selcer, Freiberg, Flanagan, Schoen and Hansen offered an amendment to H. F. No. 3931, the second engrossment, as amended.

POINT OF ORDER

McNamara raised a point of order pursuant to rule 3.21 that the Hilstrom et al amendment was not in order. Speaker pro tempore Davids ruled the point of order well taken and the Hilstrom et al amendment out of order.

Journal of the House - 89th Day - Wednesday, April 27, 2016 - Top of Page 7740

Hilstrom appealed the decision of Speaker pro tempore Davids.

A roll call was requested and properly seconded.

The vote was taken on the question "Shall the decision of Speaker pro tempore Davids stand as the judgment of the House?" and the roll was called. There were 71 yeas and 56 nays as follows:

Those who voted in the affirmative were:

So it was the judgment of the House that the decision of Speaker pro tempore Davids should stand.

Lien moved to amend H. F. No. 3931, the second engrossment, as amended, as follows:

Page 47, line 15, delete "7,653,000" and insert "8,153,000"

Journal of the House - 89th Day - Wednesday, April 27, 2016 - Top of Page 7744

Page 47, line 17, delete "11,947,000" and insert "11,447,000"

Page 50, after line 15, insert:

"(l) $500,000 in fiscal year 2017 is from the general fund for small business development center (SBDC) services to support business transition planning. For purposes of this section, business transition planning includes, but is not limited to:

(1) succession planning for next generation proprietors. For purposes of this clause, next generation proprietors do not include immediate family members of the current business owner;

(2) providing business owners seeking to sell existing businesses and aspiring business owners with a venue and opportunity to exchange information. Services provided under this clause may be targeted to small businesses located in economically disadvantaged communities or areas of declining population. For purposes of this clause, "economically disadvantaged communities" means communities in which average household income is less than
80 percent of statewide median household income as measured by the United States Census Bureau; or communities that contain two or more contiguous census tracts in which average household income is less than 80 percent of the statewide median household income as measured by the United States Census Bureau; and

(3) providing information and counseling services to business owners, prospective owners, and others regarding the importance of business transition and succession planning, the transition and succession process, and financing options and requirements related to the business transition and succession process.

Funds available under this paragraph may be used to:

(1) provide the information and services required under this paragraph;

(2) build small business development center staff capacity to provide business transition and succession planning services; and

(3) match funds under the federal Small Business Development Center Program under United States Code, title 15, section 648, and other federal, state, or local funds available for the purposes of this paragraph."

Page 57, line 21, delete "11,500,000" and insert "11,000,000"

Page 57, line 22, delete "11,500,000" and insert "11,000,000"

Journal of the House - 89th Day - Wednesday, April 27, 2016 - Top of Page 7745

Adjust amounts accordingly

Renumber or reletter in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

Moran moved to amend the Lien amendment to H. F. No. 3931, the second engrossment, as amended, as follows:

Page 1, line 2, delete "8,153,000" and insert "11,153,000"

Page 1, line 3, delete "11,447,000" and insert "(9,947,000)"

Page 2, after line 28, insert:

"(m) $1,500,000 in fiscal year 2017 is from the general fund for grants under the women of color business development program under article 5, section 12. This is a onetime appropriation and is available until expended. Up to three percent of grant awards to eligible organizations may be used for administrative expenses directly related to the business development loan program, including, but not limited to, hiring staff to implement the loan program."

Page 2, before line 29, insert:

"Page 50, line 16, delete "3,900,000" and insert "5,400,000"

Page 53, after line 10, insert:

"(g) $1,500,000 in fiscal year 2017 is from the general fund for the high-wage, high-demand, nontraditional jobs grant program under Minnesota Statutes, section 116L.99.""

Page 2, line 29, delete "11,000,000" and insert "8,000,000"

Page 2, line 30, delete "11,000,000" and insert "8,000,000"

Page 2, after line 30, insert:

"Page 69, after line 34, insert:

"Sec. 8. Minnesota Statutes 2014, section 116L.99, is amended to read:

116L.99 WOMEN AND HIGH-WAGE, HIGH-DEMAND, NONTRADITIONAL JOBS GRANT PROGRAM.

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

Journal of the House - 89th Day - Wednesday, April 27, 2016 - Top of Page 7746

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

(1) community-based organizations experienced in serving women;

(2) employers;

(3) business and trade associations;

(4) labor unions and employee organizations;

(5) registered apprenticeship programs;

(6) secondary and postsecondary education institutions located in Minnesota; and

(7) workforce and economic development agencies.

(d) "High-wage, high-demand" means occupations that represent at least 0.1 percent of total employment in the base year, have an annual median salary which is higher than the average for the current year, and are projected to have more total openings as a share of employment than the average.

(e) "Low-income" means income less than 200 percent of the federal poverty guideline adjusted for a family size of four.

(f) "Nontraditional occupations'' means those occupations in which women make up less than 25 percent of the workforce as defined under United States Code, title 20, section 2302.

(g) "Registered apprenticeship program'' means a program registered under United States Code, title 29, section 50.

(h) "STEM" means science, technology, engineering, and math.

(i) "Women of color" means females age 18 and older who are American Indian, Asian, Black, or Hispanic.

(j) "Girls of color" means females under age 18 who are American Indian, Asian, Black, or Hispanic.

Subd. 2. Grant program. The commissioner shall establish the women and high-wage, high-demand, nontraditional jobs grant program to increase the number of women in high-wage, high-demand, nontraditional occupations. The commissioner shall make grants to eligible organizations for programs that encourage and assist women to enter high-wage, high-demand, nontraditional occupations including but not limited to those in the skilled trades, ~~science, technology, engineering,~~ and ~~math (STEM)~~ STEM occupations. The commissioner must give priority to programs that encourage and assist women of color to enter high-wage, high-demand, nontraditional occupations and STEM occupations.

Subd. 3. Use of funds. (a) Grant funds awarded under this section may be used for:

(1) recruitment, preparation, placement, and retention of women, including women of color, low-income women and women over 50 years old, in registered apprenticeships, postsecondary education programs, on-the-job training, and permanent employment in high-wage, high-demand, nontraditional occupations;

Journal of the House - 89th Day - Wednesday, April 27, 2016 - Top of Page 7747

(2) secondary or postsecondary education or other training to prepare women to succeed in high-wage, high‑demand, nontraditional occupations. Activities under this clause may be conducted by the grantee or in collaboration with another institution, including but not limited to a public or private secondary or postsecondary school;

(3) innovative, hands-on, best practices that stimulate interest in high-wage, high-demand, nontraditional occupations among girls, increase awareness among girls about opportunities in high-wage, high-demand, nontraditional occupations, or increase access to secondary programming leading to jobs in high-wage, high‑demand, nontraditional occupations. Best practices include but are not limited to mentoring, internships, or apprenticeships for girls in high-wage, high-demand, nontraditional occupations;

(4) training and other staff development for job seeker counselors and Minnesota family investment program (MFIP) caseworkers on opportunities in high-wage, high-demand, nontraditional occupations;

(5) incentives for employers and sponsors of registered apprenticeship programs to retain women in high-wage, high-demand, nontraditional occupations for more than one year;

(6) training and technical assistance for employers to create a safe and healthy workplace environment designed to retain and advance women, including best practices for addressing sexual harassment, and to overcome gender inequity among employers and registered apprenticeship programs;

(7) public education and outreach activities to overcome stereotypes about women in high-wage, high-demand, nontraditional occupations, including the development of educational and marketing materials; ~~and~~

(8) services to support ~~for~~ women in high-wage, high-demand, nontraditional occupations including but not limited to assistance with balancing work responsibilities; skills training and education; family caregiving; financial assistance for child care, transportation, and safe and stable housing; workplace issues resolution; and access to advocacy assistance and services; and

(9) recruitment, participation, and support of girls of color in approved training programs or a valid apprenticeship program subject to section 181A.07, subdivision 7.

(b) Grant applications must include detailed information about how the applicant plans to:

(1) increase women's participation in high-wage, high-demand occupations in which women are currently underrepresented in the workforce;

(2) comply with the requirements under subdivision 3; ~~and~~

(3) use grant funds in conjunction with funding from other public or private sources.; and

(4) collaborate with existing, successful programs for training, education, recruitment, preparation, placement, and retention of women of color in high-wage, high-demand, nontraditional occupations and STEM occupations.

(1) with demonstrated success in recruiting and preparing women, especially low-income women, women of color, and women over 50 years old, for high-wage, high-demand, nontraditional occupations; and

(2) that leverage additional public and private resources.

Journal of the House - 89th Day - Wednesday, April 27, 2016 - Top of Page 7748

(d) At least 50 percent of total grant funds must be awarded to programs providing services and activities targeted to low-income women and women of color.

(e) The commissioner of employment and economic development in conjunction with the commissioner of labor and industry shall monitor the use of funds under this section, collect and compile information on the activities of other state agencies and public or private entities that have purposes similar to those under this section, and identify other public and private funding available for these purposes.

(f) By January 15, 2019, and each January 15 thereafter, the commissioner must submit a report to the standing committees of the house of representatives and the senate having jurisdiction over workforce development a report that details the use of grant funds. If data is available, the report must contain data that is disaggregated by race, cultural groups, family income, age, geographical location, migrant or foreign immigrant status, primary language, whether the participant is an English learner under section 124D.59, disability, and status of homelessness."

Page 75, after line 9, insert:

"Sec. 12. WOMEN OF COLOR SMALL BUSINESS DEVELOPMENT PROGRAM.

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

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

(1) one or more women of color who seek to start a small business; or

(2) a small business that:

(i) is a women of color business;

(ii) is not a nonprofit organization or business involved in real estate development, exporting, multilevel marketing, adult entertainment, or lending; and

(iii) has its principal place of operation in Ramsey County.

(d) "Eligible organization" means a nonprofit organization located in Minnesota with commercial lending experience, including but not limited to loan origination, servicing, and underwriting, and experience providing technical assistance to female entrepreneurs and women of color businesses.

(e) "Small business" means a business entity with fewer than 50 employees.

(f) "Women of color" means females 18 years of age or older who are American Indian, Asian, Black, or Hispanic.

(g) "Women of color business" means a business for which one or more women of color:

(1) own at least 50 percent of the business or, in the case of a publicly owned business, own at least 51 percent of the stock; and

(2) manage the business and control the daily business operations.

Journal of the House - 89th Day - Wednesday, April 27, 2016 - Top of Page 7749

Subd. 2. Women of color business development loan program. (a) The commissioner shall make grants to eligible organizations to provide loans for the start-up, expansion, and retention of small businesses located in Ramsey County that are owned by women of color, and to provide technical assistance, in collaboration with Minnesota's communities of color and organizations that serve women of color.

(b) Eligible organizations may make loans to eligible loan recipients under this section, subject to the following conditions:

(1) the maximum loan amount may not exceed $25,000;

(2) loans are available for business start-up, expansion, retention, and establishment of credit;

(3) loans must have a fixed interest rate, with monthly repayment, for terms up to ten years and may not have a penalty for prepayment;

(4) a onetime commitment fee, not to exceed $100; and collateral filing fees, not to exceed, $50;

(5) preference for loan awards will be given to eligible loan recipients whose family income does not exceed
80 percent of the area median income;

(6) loans may not be denied based solely on a poor credit rating or lack of credit rating;

(7) personal assets, including but not limited to a home, car, or personal savings, may be used for loan collateral;

(8) eligible loan recipients must invest savings or personal equity in the business at least equal to ten percent of the principal amount of the loan;

(9) eligible loan recipients and their businesses must be free of outstanding tax liens and not currently involved in any bankruptcy proceeding as a debtor;

(10) eligible loan recipients must not have any personal or business accounts in default, including any bills past due;

(11) any business partner with 20 percent or more ownership must be a coborrower on the loan; and

(12) technical assistance for eligible loan recipients must be available for the entire term of the loan.

Subd. 3. Report. By January 15, 2019, 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 activity under the loan program. Where data are available, data in the report must be disaggregated, by race, cultural group, family income, geographical location, status as a migrant or foreign immigrant, home language, English learners under Minnesota Statutes, section 124D.59, disability, and status of homelessness.""

A roll call was requested and properly seconded.

The question was taken on the Moran amendment to the Lien amendment and the roll was called. There were
55 yeas and 74 nays as follows:

Those who voted in the affirmative were:

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

Johnson, C., moved to amend H. F. No. 3931, the second engrossment, as amended, as follows:

Page 76, after line 16, insert:

"Sec. 3. [462A.38] WORKFORCE AND AFFORDABLE HOMEOWNERSHIP DEVELOPMENT PROGRAM.

Subdivision 1. Establishment. A workforce and affordable homeownership development program is established to award homeownership development grants to nonprofit organizations, cooperatives created under chapter 308A or 308B, and community land trusts created for the purposes outlined in section 462A.31, subdivision 1, for development of workforce and affordable homeownership projects. The purpose of the program is to increase the supply of workforce and affordable, owner-occupied multifamily or single-family housing throughout Minnesota.

Subd. 2. Use of funds. (a) Grant funds awarded under this program may be used for:

(1) development costs;

(2) rehabilitation;

(3) land development; and

(4) residential housing, including storm shelters and community facilities.

(b) A project funded through the grant program shall serve households that meet the income limits as provided in section 462A.33, subdivision 5, unless a project is intended for the purpose outlined in section 462A.02, subdivision 6.

Subd. 3. Application. The commissioner shall develop forms and procedures for soliciting and reviewing applications for grants under this section. The commissioner shall consult with interested stakeholders when developing the guidelines and procedures for the program. In making grants, the commissioner shall establish semiannual application deadlines in which grants will be authorized from all or part of the available appropriations.

Journal of the House - 89th Day - Wednesday, April 27, 2016 - Top of Page 7753

Subd. 4. Awarding grants. Among comparable proposals, preference must be given to proposals that include contributions from nonstate resources for the greatest portion of the total development cost.

Subd. 5. Statewide program. The agency shall attempt to make grants in approximately equal amounts to applicants outside and within the metropolitan area.

Subd. 6. Report. Beginning January 15, 2018, the commissioner must annually submit a report to the chairs and ranking minority members of the senate and house of representatives committees having jurisdiction over housing and workforce development specifying the projects that received grants under this section and the specific purposes for which the grant funds were used.

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

Sec. 4. APPROPRIATIONS; WORKFORCE AND AFFORDABLE HOMEOWNERSHIP DEVELOPMENT.

Subdivision 1. Appropriations. In fiscal years 2017 to 2025, the amount determined under subdivision 2 is annually appropriated from the general fund to the Minnesota Housing Finance Agency for the workforce and affordable homeownership development program under Minnesota Statutes, section 462A.38. The dedicated money under this section must supplement traditional sources of funding for this purpose and may not be used as a substitute. The dedicated money may not be used to pay debt service on bonds.

Subd. 2. Determination of funding amount. By September 1, 2016, and each year thereafter through 2025, the commissioner of revenue shall determine the total amount of the proceeds of the mortgage registry tax imposed under Minnesota Statutes, section 287.035, and the deed tax imposed under Minnesota Statutes, section 287.21, that was collected during the fiscal year ending in that calendar year and deposited in the general fund, and shall determine the amount by which that exceeds the amount so collected in the previous tax year, but shall never be an amount less than $0."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

Johnson, C., moved to amend the Johnson, C., amendment to H. F. No. 3931, the second engrossment, as amended, as follows:

Page 1, after line 1, insert:

"Page 55, after line 17, insert:

"Subd. 4. Workforce and Affordable Homeownership Development

6,000,000

$6,000,000 in fiscal year 2017 is from the general fund to the commissioner of housing finance for the workforce and affordable homeownership development program under Minnesota Statutes, section 462A.38. This is a onetime appropriation."

Page 57, line 21, delete "11,500,000" and insert "5,500,000"

Page 57, line 22, delete "11,500,000" and insert "5,500,000""

Journal of the House - 89th Day - Wednesday, April 27, 2016 - Top of Page 7754

Page 1, line 7, delete "to" and insert "and loans to cities, tribal governments,"

Page 1, line 12, after "Grant" insert "and loan"

Page 1, after line 19, insert:

"(c) The program may loan up to $1,000,000 to a qualifying project for the purposes listed in paragraph (a). No more than one loan may be made to a project in any year. Repayments of loans must be deposited in the general fund."

Page 1, line 21, after "grants" insert "and loans"

Page 1, line 23, after "grants" insert "and loans"

Page 1, line 24, after "grants" insert "and loans"

Page 1, line 25, after "grants" insert "and loans"

Page 2, line 1, after "grants" insert "and loans"

Page 2, line 6, after "grants" insert "or loans"

Page 2, line 7, delete "grant"

Page 2, delete section 4

A roll call was requested and properly seconded.

The question was taken on the Johnson, C., amendment to the Johnson, C., amendment and the roll was called. There were 58 yeas and 72 nays as follows:

Those who voted in the affirmative were:

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

Johnson, C., withdrew his amendment to H. F. No. 3931, the second engrossment, as amended.

The Speaker resumed the Chair.

Mahoney moved to amend H. F. No. 3931, the second engrossment, as amended, as follows:

Page 68, after line 2, insert:

"Sec. 5. Minnesota Statutes 2014, section 116J.8731, subdivision 4, is amended to read:

Subd. 4. Eligible projects. Assistance must be evaluated on the existence of the following conditions:

(1) creation of new jobs, retention of existing jobs, or improvements in the quality of existing jobs as measured by the wages, skills, or education associated with those jobs;

(2) increase in the tax base;

(3) the project can demonstrate that investment of public dollars induces private funds;

(4) the project can demonstrate an excessive public infrastructure or improvement cost beyond the means of the affected community and private participants in the project;

(5) the project provides higher wage levels to the community or will add value to current workforce skills;

(6) the project supports the development of microenterprises, as defined by federal statutes, through financial assistance, technical assistance, advice, or business services;

(7) whether assistance is necessary to retain existing business;

(8) whether assistance is necessary to attract out-of-state business; ~~and~~

(9) the project promotes or advances the green economy as defined in section 116J.437.;

(10) the project is accessible by public transportation;

(11) the project provides jobs to employees from communities of color and employees that receive financial assistance in the form of employment and training services as defined in section 116L.19, subdivision 4; and

(12) the project is located at a site that has been remediated or redeveloped under sections 116J.551 to 116J.557, 116J.559, or 116J.575 to 116J.5764.

Journal of the House - 89th Day - Wednesday, April 27, 2016 - Top of Page 7756

A grant or loan cannot be made based solely on a finding that the conditions in clause (7) or (8) exist. A finding must be made that a condition in clause (1), (2), (3), (4), (5), or (6) also exists.

Applications recommended for funding shall be submitted to the commissioner."

Page 69, after line 34, insert:

"Sec. 8. Minnesota Statutes 2014, section 116J.8748, subdivision 3, is amended to read:

Subd. 3. Minnesota job creation fund business designation; requirements. (a) To receive designation as a Minnesota job creation fund business, a business must satisfy all of the following conditions:

(1) the business is or will be engaged in, within Minnesota, one of the following as its primary business activity:

(i) manufacturing;

(ii) warehousing;

(iii) distribution;

(iv) information technology;

(v) finance;

(vi) insurance; or

(vii) professional or technical services;

(2) the business must not be primarily engaged in lobbying; gambling; entertainment; professional sports; political consulting; leisure; hospitality; or professional services provided by attorneys, accountants, business consultants, physicians, or health care consultants, or primarily engaged in making retail sales to purchasers who are physically present at the business's location;

(3) the business must enter into a binding construction and job creation business subsidy agreement with the commissioner to expend at least $500,000 in capital investment in a capital investment project that includes a new, expanded, or remodeled facility within one year following designation as a Minnesota job creation fund business and:

(i) create at least ten new full-time employee positions within two years of the benefit date following the designation as a Minnesota job creation fund business; or

(ii) expend at least $25,000,000, which may include the installation and purchase of machinery and equipment, in capital investment and retain at least 200 employees for projects located in the metropolitan area as defined in section 200.02, subdivision 24, and 75 employees for projects located outside the metropolitan area;

(4) positions or employees moved or relocated from another Minnesota location of the Minnesota job creation fund business must not be included in any calculation or determination of job creation or new positions under this paragraph; and

(5) a Minnesota job creation fund business must not terminate, lay off, or reduce the working hours of an employee for the purpose of hiring an individual to satisfy job creation goals under this subdivision.

Journal of the House - 89th Day - Wednesday, April 27, 2016 - Top of Page 7757

(b) Prior to approving the proposed designation of a business under this subdivision, the commissioner shall consider the following:

(1) the economic outlook of the industry in which the business engages;

(2) the projected sales of the business that will be generated from outside the state of Minnesota;

(3) how the business will build on existing regional, national, and international strengths to diversify the state's economy;

(4) whether the business activity would occur without financial assistance;

(5) whether the business is unable to expand at an existing Minnesota operation due to facility or land limitations;

(6) whether the business has viable location options outside Minnesota;

(7) the effect of financial assistance on industry competitors in Minnesota;

(8) financial contributions to the project made by local governments; ~~and~~

(9) whether the business location is accessible by public transportation;

(10) whether the business expansion or location will provide jobs to employees from communities of color and employees that receive financial assistance in the form of employment and training services as defined in section 116L.19, subdivision 4;

(11) whether the business will be located at a site that has been remediated or redeveloped under sections 116J.551 to 116J.557, 116J.559, or 116J.575 to 116J.5764; and

(12) any other criteria the commissioner deems necessary.

(c) Upon receiving notification of local approval under subdivision 2, the commissioner shall review the determination by the local government and consider the conditions listed in paragraphs (a) and (b) to determine whether it is in the best interests of the state and local area to designate a business as a Minnesota job creation fund business.

(d) If the commissioner designates a business as a Minnesota job creation fund business, the business subsidy agreement shall include the performance outcome commitments and the expected financial value of any Minnesota job creation fund benefits.

(e) The commissioner may amend an agreement once, upon request of a local government on behalf of a business, only if the performance is expected to exceed thresholds stated in the original agreement.

(f) A business may apply to be designated as a Minnesota job creation fund business at the same location more than once only if all goals under a previous Minnesota job creation fund agreement have been met and the agreement is completed."

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.

Journal of the House - 89th Day - Wednesday, April 27, 2016 - Top of Page 7758

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

Johnson, S., moved to amend H. F. No. 3931, the second engrossment, as amended, as follows:

Page 56, line 14, delete "(151,000)" and insert "225,000"

Page 56, delete subdivision 2

Renumber the subdivisions in sequence

Page 56, line 30, delete "(56,000)" and insert "319,000"

Page 57, delete lines 10 to 13

Page 57, line 14, delete "(c)" and insert "(b)"

Page 57, line 18, delete "(d)" and insert "(c)"

Page 57, line 19, delete everything after "Commission"

Page 57, delete line 20 and insert "is $7,606,000 in fiscal year 2018 and $7,686,000 in fiscal year 2019."

Page 113, delete sections 2 and 3

Page 114, delete section 4

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 Johnson, S., amendment and the roll was called. There were 57 yeas and 73 nays as follows:

Those who voted in the affirmative were: