STATE OF
MINNESOTA
EIGHTY-NINTH
SESSION - 2016
_____________________
NINETY-THIRD
DAY
Saint Paul, Minnesota, Wednesday, May 4, 2016
The House of Representatives convened at 9:00
a.m. and was called to order by Yvonne Selcer, Speaker pro tempore.
Prayer was offered by Imam Mohammed
Dukuly, Islamic Institute of Minnesota's Burnsville Mosque, Burnsville,
Minnesota.
The members of the House gave the pledge
of allegiance to the flag of the United States of America.
The roll was called and the following
members were present:
Albright
Allen
Anderson, C.
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Applebaum
Atkins
Backer
Baker
Barrett
Bennett
Bernardy
Bly
Carlson
Christensen
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Ecklund
Erickson
Fabian
Fenton
Fischer
Flanagan
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Knoblach
Koznick
Kresha
Laine
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamara
Metsa
Miller
Moran
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Peppin
Persell
Petersburg
Peterson
Pierson
Pinto
Poppe
Pugh
Quam
Rarick
Rosenthal
Runbeck
Schoen
Schomacker
Schultz
Scott
Selcer
Simonson
Smith
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Ward
Whelan
Wills
Yarusso
Youakim
Zerwas
Spk. Daudt
A quorum was present.
Melin was excused.
Clark, Erhardt, Lesch, Mullery, Sanders
and Slocum were excused until 1:10 p.m.
Isaacson was excused until 1:25 p.m.
The Chief Clerk proceeded to read the
Journals of the preceding days. There
being no objection, further reading of the Journals was dispensed with and the
Journals were approved as corrected by the Chief Clerk.
REPORTS OF CHIEF CLERK
S. F. No. 1372 and H. F. No. 1520, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Hoppe moved that S. F. No. 1372 be substituted for H. F. No. 1520 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2744 and H. F. No. 3204, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Erickson moved that S. F. No. 2744 be substituted for H. F. No. 3204 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2896 and H. F. No. 3305, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.
Kresha moved that S. F. No. 2896 be substituted for H. F. No. 3305 and that the House File be indefinitely postponed. The motion prevailed.
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Garofalo from the Committee on Job Growth and Energy Affordability Policy and Finance 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; 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 following amendments:
Page 38, line 27, delete "$......." and insert "$176,000"
Page 39, line 1, delete "$420,000" and insert "$399,000"
Page 39, line 3, after the period, insert "The base funding for this purpose is $380,000 in fiscal year 2018 and each fiscal year thereafter."
With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.
The report was adopted.
SECOND
READING OF SENATE BILLS
S. F. Nos. 1372, 2744 and 2896 were read for the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Barrett introduced:
H. F. No. 3984, A bill for an act relating to human services; including the need for treatment in the criteria for civil commitment of a person who is mentally ill; amending Minnesota Statutes 2014, sections 253B.02, subdivisions 10, 13; 253B.03, subdivision 6d; 253B.05, subdivisions 1, 2; 253B.064, subdivision 3; 253B.065, subdivision 5; 253B.066, subdivision 3; 253B.07, subdivision 2b; 253B.09, subdivision 5; 253B.092, subdivision 3; 253B.095, subdivision 3; 253B.12, subdivision 4; 253B.15, subdivisions 2, 3c, 5; Minnesota Statutes 2015 Supplement, section 253B.07, subdivision 7.
The bill was read for the first time and referred to the Committee on Health and Human Services Reform.
Swedzinski introduced:
H. F. No. 3985, A bill for an act relating to transportation; providing an annual appropriation for the small cities assistance account; amending Minnesota Statutes 2015 Supplement, section 162.145, subdivision 2.
The bill was read for the first time and referred to the Committee on Transportation Policy and Finance.
Newton introduced:
H. F. No. 3986, A bill for an act relating to capital investment; appropriating money for highway construction in the cities of Anoka and Ramsey; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Transportation 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. 1674, A bill for an act relating to state government; modifying procedures for creation, annexation, detachment, and dissolution of sanitary districts; modifying filing and hearing requirements; amending Minnesota Statutes 2014, sections 442A.04, subdivisions 2, 3, 8, 9; 442A.05, subdivisions 2, 4, 9, 10; 442A.06, subdivisions 2, 4, 9, 10; 442A.07, subdivisions 2, 3, 8, 9; 442A.08; 442A.13, subdivision 1.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 2514, A bill for an act relating to economic development; modifying host community economic development grants; amending Minnesota Statutes 2014, section 116J.548, subdivisions 2, 3.
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. 498, 1111, 1425, 2426, 2430, 2527, 2548, 2555, 2713, 2963 and 3272.
JoAnne M. Zoff, Secretary of the Senate
FIRST READING OF SENATE BILLS
S. F. No. 498, A bill for an act relating to data practices; classifying portable recording system data; establishing requirements for the destruction of data; requiring policies; imposing requirements on vendors and providing for damage awards; amending Minnesota Statutes 2014, section 13.82, subdivision 15, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 626.
The bill was read for the first time and referred to the Committee on Civil Law and Data Practices.
S. F. No. 1111, A bill for an act relating to transportation; requiring drivers to stop vehicles at the direction of a school bus flagger; providing that bus driver is not subject to seat belt fines arising out of violations by certain passengers; amending Minnesota Statutes 2014, sections 169.444, subdivisions 2, 7, by adding subdivisions; 169.686, subdivision 1.
The bill was read for the first time.
Swedzinski moved that S. F. No. 1111 and H. F. No. 1422, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 1425, A bill for an act relating to health; making changes concerning the collection and disposal of legend drugs as pharmaceutical waste; amending Minnesota Statutes 2014, sections 151.01, by adding a subdivision; 151.37, subdivisions 6, 7, by adding a subdivision; Minnesota Statutes 2015 Supplement, section 151.37, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 152.
The bill was read for the first time.
Barrett moved that S. F. No. 1425 and H. F. No. 1503, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 2426, A bill for an act relating to corrections; excluding medical treatment for mental health from inmate co-payment; amending Minnesota Statutes 2014, section 243.212.
The bill was read for the first time.
Cornish moved that S. F. No. 2426 and H. F. No. 3193, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 2430, A bill for an act relating to human services; making technical corrections to the median total care-related per diem; amending Minnesota Statutes 2015 Supplement, section 256B.441, subdivision 30.
The bill was read for the first time.
Schomacker moved that S. F. No. 2430 and H. F. No. 2833, now on the Calendar for the Day, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 2527, A bill for an act relating to natural resources; appropriating money from outdoor heritage fund; modifying evaluation provisions; modifying prior appropriations; amending Minnesota Statutes 2014, section 97A.056, subdivision 10; Laws 2015, First Special Session chapter 2, article 1, section 2, subdivisions 2, 3, 5.
The bill was read for the first time.
Urdahl moved that S. F. No. 2527 and H. F. No. 3829, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 2548, A bill for an act relating to health; allowing pharmacists to dispense a 90-day supply of a prescription drug under certain circumstances; amending Minnesota Statutes 2014, section 151.21, by adding a subdivision.
The bill was read for the first time.
Peterson moved that S. F. No. 2548 and H. F. No. 2512, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 2555, A bill for an act relating to local government; regulating zoning of temporary family health care dwellings; establishing temporary dwelling permits; amending Minnesota Statutes 2014, section 144D.01, subdivision 4; proposing coding for new law in Minnesota Statutes, chapters 394; 462.
The bill was read for the first time.
Peterson moved that S. F. No. 2555 and H. F. No. 2497, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 2713, A bill for an act relating to public safety; creating a civil cause of action for the nonconsensual dissemination of private sexual images and nonconsensual sexual solicitation; amending the crime of stalking to include nonconsensual sexual solicitation; expanding the definition of qualified domestic violence-related offense; establishing criminal penalties for nonconsensual dissemination of private sexual images and nonconsensual sexual solicitation; clarifying the law of criminal defamation; amending Minnesota Statutes 2014, sections 609.02, subdivision 16; 609.27, subdivision 1; 609.275; 609.748, subdivision 1; 609.749, subdivision 2; 609.765; proposing coding for new law in Minnesota Statutes, chapters 604; 617.
The bill was read for the first time.
Lesch moved that S. F. No. 2713 and H. F. No. 2741, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 2963, A bill for an act relating to natural resources; appropriating money from environment and natural resources trust fund; adding requirements for use of trust fund money; creating reimbursement procedures for the University of Minnesota for money from the environment and natural resources trust fund; amending Minnesota Statutes 2014, section 137.025, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 116P.
The bill was read for the first time.
Hackbarth moved that S. F. No. 2963 and H. F. No. 2993, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 3272, A bill for an act relating to environment; providing incentive for certain wastewater treatment technology; proposing coding for new law in Minnesota Statutes, chapter 115.
The bill was read for the first time.
Fabian moved that S. F. No. 3272 and H. F. No. 3409, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
The Speaker assumed the Chair.
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.
Vogel was excused for the remainder of today's session.
Thissen was excused between the hours of 1:00 p.m. and 1:10 p.m.
CALENDAR FOR THE DAY
H. F. No. 71,
A bill for an act relating to public safety; creating an enhanced penalty for
criminal vehicular homicide occurring within ten years of a qualified offense;
amending Minnesota Statutes 2014, sections 609.2111; 609.2112, subdivision 1;
609.2114, subdivision 1.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 120 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, C.
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Applebaum
Atkins
Backer
Baker
Barrett
Bennett
Bly
Carlson
Christensen
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Ecklund
Erickson
Fabian
Fenton
Fischer
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Knoblach
Koznick
Kresha
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamara
Metsa
Miller
Moran
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Peppin
Persell
Petersburg
Peterson
Pierson
Pinto
Poppe
Pugh
Quam
Rarick
Rosenthal
Runbeck
Schoen
Schomacker
Schultz
Scott
Selcer
Simonson
Smith
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward
Whelan
Wills
Yarusso
Youakim
Zerwas
Spk. Daudt
The bill was passed and its title agreed to.
H. F. No. 2954, A bill
for an act relating to commerce; regulating unfair practices in motor vehicle
distribution; amending Minnesota Statutes 2014, section 80E.13.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 128 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, C.
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Applebaum
Atkins
Backer
Baker
Barrett
Bennett
Bernardy
Bly
Carlson
Christensen
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Ecklund
Erickson
Fabian
Fenton
Fischer
Flanagan
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Knoblach
Koznick
Kresha
Laine
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamara
Metsa
Miller
Moran
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Peppin
Persell
Petersburg
Peterson
Pierson
Pinto
Poppe
Pugh
Quam
Rarick
Rosenthal
Runbeck
Schoen
Schomacker
Schultz
Scott
Selcer
Simonson
Slocum
Smith
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Wagenius
Ward
Whelan
Wills
Yarusso
Youakim
Zerwas
Spk. Daudt
The bill was passed and its title agreed to.
H. F. No. 3167,
A bill for an act relating to education; encouraging character development
education to include a focus on Congressional Medal of Honor recipients;
amending Minnesota Statutes 2014, section 120B.232.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 129 yeas and 3 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, C.
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Applebaum
Atkins
Backer
Baker
Barrett
Bennett
Bernardy
Bly
Carlson
Christensen
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Ecklund
Erhardt
Erickson
Fabian
Fenton
Fischer
Flanagan
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Hansen
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Knoblach
Koznick
Kresha
Laine
Lesch
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamara
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
O'Driscoll
O'Neill
Pelowski
Peppin
Persell
Petersburg
Peterson
Pierson
Pinto
Poppe
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sanders
Schoen
Schomacker
Schultz
Scott
Selcer
Simonson
Slocum
Smith
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Wagenius
Ward
Whelan
Wills
Yarusso
Youakim
Zerwas
Spk. Daudt
Those who voted in the negative were:
Hausman
Liebling
Norton
The bill was passed and its title agreed to.
H. F. No. 3423,
A bill for an act relating to public safety; providing for an advisory group on
statewide criminal and juvenile justice information policy and funding issues;
amending Minnesota Statutes 2014, section 299C.65.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 132 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, C.
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Applebaum
Atkins
Backer
Baker
Barrett
Bennett
Bernardy
Bly
Carlson
Christensen
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Ecklund
Erhardt
Erickson
Fabian
Fenton
Fischer
Flanagan
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Knoblach
Koznick
Kresha
Laine
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamara
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Peppin
Persell
Petersburg
Peterson
Pierson
Pinto
Poppe
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sanders
Schoen
Schomacker
Schultz
Scott
Selcer
Simonson
Slocum
Smith
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Wagenius
Ward
Whelan
Wills
Yarusso
Youakim
Zerwas
Spk. Daudt
The bill was passed and its title agreed to.
H. F. No. 3944 was reported to the House.
Sanders moved to amend H. F. No. 3944 as follows:
Page 1, after line 6, insert:
"Section 1. Minnesota Statutes 2014, section 13.3805, is amended by adding a subdivision to read:
Subd. 5. Radon
testing and mitigation data. Data
maintained by the Department of Health that identify the address of a radon
testing or mitigation site, and the name, address, email address, and
telephone number of residents and residential property owners of a radon
testing or mitigation site, are private data on individuals or nonpublic data.
EFFECTIVE DATE. This section is effective the day following final enactment."
Page 1, after line 16, insert:
"Sec. 3. Minnesota Statutes 2015 Supplement, section 144.4961, subdivision 4, is amended to read:
Subd. 4. System
tag. All radon mitigation systems
installed in Minnesota on or after October 1, 2017 January 1,
2018, must have a radon mitigation system tag provided by the commissioner. A radon mitigation professional must attach
the tag to the radon mitigation system in a visible location.
EFFECTIVE
DATE. This section is
effective January 1, 2018.
Sec. 4. Minnesota Statutes 2015 Supplement, section 144.4961, subdivision 5, is amended to read:
Subd. 5. License
required annually. A license is
required annually for every person, firm, or corporation that sells a device
or performs a service for compensation to detect the presence of radon in
the indoor atmosphere, performs laboratory analysis, or performs a service to
mitigate radon in the indoor atmosphere.
This section does not apply to retail stores that only sell or
distribute radon sampling but are not engaged in the manufacture of radon
sampling devices.
EFFECTIVE
DATE. This section is
effective January 1, 2018.
Sec. 5. Minnesota Statutes 2015 Supplement, section 144.4961, subdivision 6, is amended to read:
Subd. 6. Exemptions. This section does not apply to:
(1) radon control systems
installed in newly constructed Minnesota homes according to section 326B.106,
subdivision 6, prior to the issuance of a certificate of occupancy are not
required to follow the requirements of this section.;
(2) employees of a firm or corporation that
installs radon control systems in newly constructed Minnesota homes specified
in clause (1);
(3)
a person authorized as a building official under Minnesota Rules, part
1300.0110, or that person's designee; or
(4) any person, firm, corporation, or entity
that distributes radon testing devices or information for general educational
purposes.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 6. Minnesota Statutes 2015 Supplement, section 144.4961, subdivision 8, is amended to read:
Subd. 8. Licensing fees. (a) All radon license applications submitted to the commissioner of health must be accompanied by the required fees. If the commissioner determines that insufficient fees were paid, the necessary additional fees must be paid before the commissioner approves the application. The commissioner shall charge the following fees for each radon license:
(1) Each measurement professional license,
$300 $150 per year. "Measurement
professional" means any person who performs a test to determine the
presence and concentration of radon in a building they do the person
does not own or lease; provides professional or expert advice on radon
testing, radon exposure, or health risks related to radon exposure; or makes
representations of doing any of these activities.
(2) Each mitigation professional license, $500
$250 per year. "Mitigation
professional" means an individual who performs installs or
designs a radon mitigation system in a building they do the
individual does not own or lease; provides professional or expert advice
on radon mitigation or radon entry routes; or provides on-site supervision
of radon mitigation and mitigation technicians; or makes representations of
doing any of these activities. "On-site
supervision" means a review at the property of mitigation work upon
completion of the work and attachment of a system tag. Employees or subcontractors who are
supervised by a licensed mitigation professional are not required to be
licensed under this clause. This
license also permits the licensee to perform the activities of a measurement
professional described in clause (1).
(3) Each mitigation company license, $500
$100 per year. "Mitigation
company" means any business or government entity that performs or authorizes
employees to perform radon mitigation. This
fee is waived if the mitigation company is a sole proprietorship employs
only one licensed mitigation professional.
(4) Each radon analysis laboratory license, $500 per year. "Radon analysis laboratory" means a business entity or government entity that analyzes passive radon detection devices to determine the presence and concentration of radon in the devices. This fee is waived if the laboratory is a government entity and is only distributing test kits for the general public to use in Minnesota.
(5) Each Minnesota Department of Health radon mitigation system tag, $75 per tag. "Minnesota Department of Health radon mitigation system tag" or "system tag" means a unique identifiable radon system label provided by the commissioner of health.
(b) Fees collected under this section shall be deposited in the state treasury and credited to the state government special revenue fund.
EFFECTIVE DATE. This section is effective the day following final enactment."
Page 1, after line 22, insert:
"Sec. 8. Minnesota Statutes 2015 Supplement, section 144.4961, is amended by adding a subdivision to read:
Subd. 11. Application;
newly constructed homes. This
section does not apply to newly constructed Minnesota homes according to
section 326B.106, subdivision 6, prior to the issuance of a certificate of
occupancy.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 9. Laws 2015, chapter 71, article 8, section 24, the effective date, is amended to read:
EFFECTIVE
DATE. This section is effective July
1, 2015, except subdivisions 4 and 5, which are effective October 1, 2017
January 1, 2018."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
Sanders offered an amendment to the Sanders amendment to H. F. No. 3944.
POINT OF ORDER
Mahoney raised a point of order pursuant to rule 3.21 that the Sanders amendment to the Sanders amendment was not in order. The Speaker ruled the point of order well taken and the Sanders amendment to the Sanders amendment out of order.
The question recurred on the Sanders amendment to H. F. No. 3944. The motion prevailed and the amendment was adopted.
H. F. No. 3944,
A bill for an act relating to health; specifying data from radon testing
and mitigation; requiring rulemaking on indoor radon licensure and work
standards; providing exemptions to radon licensing; changing fees for radon
license application; allowing local governments to require inspections or
permits; amending Minnesota Statutes 2014, section 13.3805, by adding a
subdivision; Minnesota Statutes 2015 Supplement, section 144.4961, subdivisions
3, 4, 5, 6, 8, by adding subdivisions; Laws 2015, chapter 71, article 8,
section 24.
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.
Pursuant to rule
2.05, Theis was excused from voting on all amendments and on the final passage
of H. F. No. 3944, as amended.
There were 131 yeas
and 0 nays as follows:
Those who voted in
the affirmative were:
Albright
Allen
Anderson, C.
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Applebaum
Atkins
Backer
Baker
Barrett
Bennett
Bernardy
Bly
Carlson
Christensen
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Ecklund
Erhardt
Erickson
Fabian
Fenton
Fischer
Flanagan
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Knoblach
Koznick
Kresha
Laine
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamara
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Peppin
Persell
Petersburg
Peterson
Pierson
Pinto
Poppe
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sanders
Schoen
Schomacker
Schultz
Scott
Selcer
Simonson
Slocum
Smith
Sundin
Swedzinski
Thissen
Torkelson
Uglem
Urdahl
Wagenius
Ward
Whelan
Wills
Yarusso
Youakim
Zerwas
Spk. Daudt
The bill was passed, as amended, and its title agreed to.
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 third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 131 yeas and 1 nay as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, C.
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Applebaum
Atkins
Backer
Baker
Barrett
Bennett
Bernardy
Bly
Carlson
Christensen
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Ecklund
Erhardt
Erickson
Fabian
Fenton
Fischer
Flanagan
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Knoblach
Koznick
Kresha
Laine
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamara
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Peppin
Persell
Petersburg
Peterson
Pierson
Pinto
Poppe
Pugh
Rarick
Rosenthal
Runbeck
Sanders
Schoen
Schomacker
Schultz
Scott
Selcer
Simonson
Slocum
Smith
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Wagenius
Ward
Whelan
Wills
Yarusso
Youakim
Zerwas
Spk. Daudt
Those who voted in the negative were:
Quam
The bill was passed and its title agreed to.
There being no objection, the order of business reverted to Messages from the Senate.
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, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
H. F. No. 2777, A bill for an act relating to public safety; health; courts; authorizing ex parte hearings to determine when an emergency medical service person has a significant exposure to a source individual's bodily fluids; authorizing peace officers to take a noncompliant source individual into temporary custody to collect a blood sample; amending Minnesota Statutes 2014, section 144.7407, subdivision 2.
JoAnne M. Zoff, Secretary of the Senate
Hilstrom moved that the House refuse to concur in the Senate amendments to H. F. No. 2777, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
H. F. No. 2749, A bill for an act relating to state government; conforming buyback level for the budget reserve with the most recent forecast; eliminating obsolete language; providing policy and finance for the Office of Higher Education, the Minnesota State Colleges and Universities, and the University of Minnesota, including programs for student loans, students with disabilities, fetal tissue research, psychiatric drug trials, and collegiate recovery; providing funding and policy for early childhood and family, prekindergarten through grade 12, and adult education, including general education, education excellence, charter schools, special education, early childhood education, self-sufficiency, lifelong learning, and state agencies; appropriating money; requiring reports; amending Minnesota Statutes 2014, sections 120A.22, subdivision 12; 120A.42; 120B.02, by adding a subdivision; 120B.021, subdivisions 1, 3; 120B.11, subdivisions 1a, 2, 3, 4, 5; 120B.15; 120B.31, by adding subdivisions; 120B.35; 120B.36, as amended; 121A.53; 121A.61, subdivision 1; 121A.64; 122A.07, subdivision 2; 122A.09, subdivision 10, by adding a subdivision; 122A.14, subdivision 9; 122A.16; 122A.18, subdivisions 7c, 8; 122A.21, subdivision 1, by adding a subdivision; 122A.245, subdivision 8; 122A.31, subdivision 3; 122A.40, subdivision 10; 122A.41, by adding a subdivision; 122A.4144; 122A.416; 122A.42; 122A.72, subdivision 5; 123A.24, subdivision 2; 123B.147, subdivision 3; 123B.49, subdivision 4; 123B.571, subdivision 2; 123B.60, subdivision 1; 123B.71, subdivision 8; 123B.79, subdivisions 5, 8, 9; 124D.111, by adding a subdivision; 124D.13, subdivisions 1, 5, 9; 124D.135, subdivisions 5, 7; 124D.15, subdivisions 1, 3a, 15; 124D.16, subdivisions 3, 5; 124D.165, as amended; 124D.52, subdivisions 1, 2; 124D.55; 124D.59, by adding a subdivision; 124D.861, as amended; 124D.896; 125A.091, subdivision 11; 125A.0942, subdivision 4; 126C.10, subdivisions 2e, 24; 126C.15, subdivision 3; 126C.17, subdivision 9a; 126C.40, subdivision 5; 126C.63, subdivision 7; 127A.095; 127A.353, subdivision 4; 127A.41,
subdivision 2; 127A.45, subdivision 6a; 127A.51; 129C.10, subdivision 1; 136A.01, by adding a subdivision; 136A.101, subdivision 10; 245.92; 245.94; 245.945; 245.95, subdivision 1; 245.97, subdivision 5; Minnesota Statutes 2015 Supplement, sections 16A.152, subdivision 2; 120B.021, subdivision 4; 120B.125; 120B.30, subdivisions 1, 1a; 120B.301; 120B.31, subdivision 4; 122A.09, subdivision 4; 122A.21, subdivision 2; 122A.30; 122A.40, subdivision 8; 122A.41, subdivision 5; 122A.414, subdivisions 1, 2, 2b; 122A.415, subdivision 3; 122A.60, subdivision 4; 123B.53, subdivision 1; 123B.595, subdivisions 4, 7, 8, 9, 10, 11, by adding a subdivision; 124D.16, subdivision 2; 124D.231, subdivision 2; 124D.73, subdivision 4; 124E.05, subdivisions 4, 5, 7; 124E.10, subdivisions 1, 5; 124E.16, subdivision 2; 125A.08; 125A.083; 125A.0942, subdivision 3; 125A.11, subdivision 1; 125A.21, subdivision 3; 125A.63, subdivision 4; 125A.76, subdivision 2c; 125A.79, subdivision 1; 126C.10, subdivisions 1, 13a; 126C.15, subdivisions 1, 2; 126C.48, subdivision 8; 127A.05, subdivision 6; 127A.47, subdivision 7; 136A.121, subdivision 7a; 136A.125, subdivisions 2, 4; 136A.1791, subdivisions 4, 5, 6; 136A.87; 136F.302, subdivision 1; Laws 2010, chapter 396, section 7; Laws 2011, First Special Session chapter 11, article 4, section 8; Laws 2012, chapter 263, section 1, as amended; Laws 2013, chapter 116, article 7, section 19, as amended; Laws 2015, chapter 69, article 1, sections 3, subdivisions 19, 28; 5, subdivision 2; article 3, sections 20, subdivision 15; 24, subdivision 1; Laws 2015, First Special Session chapter 3, article 1, section 27, subdivisions 2, 4, 5, 6, 7, 9; article 2, section 70, subdivisions 2, 3, 4, 5, 6, 7, 11, 12; article 3, section 15, subdivision 3; article 4, sections 4; 9, subdivision 2; article 5, section 30, subdivisions 2, 3, 5; article 6, section 13, subdivisions 2, 3, 6, 7; article 7, section 7, subdivisions 2, 3, 4; article 9, section 8, subdivisions 5, 6, 7, 9; article 10, section 3, subdivision 2; article 11, section 3, subdivisions 2, 3; article 12, section 4; proposing coding for new law in Minnesota Statutes, chapters 119A; 120B; 121A; 122A; 124D; 125B; 127A; 129C; 136A; 136F; 137; 181; repealing Minnesota Statutes 2014, sections 120B.299, subdivision 5; 122A.40, subdivision 11; 122A.41, subdivision 14; 122A.413, subdivision 3; 122A.74; 123B.60, subdivision 2; 123B.79, subdivisions 2, 6; Minnesota Statutes 2015 Supplement, section 122A.413, subdivisions 1, 2; Minnesota Rules, part 3535.0110, subparts 6, 7, 8.
JoAnne M. Zoff, Secretary of the Senate
Knoblach moved that the House refuse to concur in the Senate amendments to H. F. No. 2749, that the Speaker appoint a Conference Committee of 5 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.
ANNOUNCEMENTS BY THE SPEAKER
The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 2749:
Knoblach; Loon; Garofalo; Dean, M., and McNamara.
The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 2777:
Hilstrom, Newberger and Johnson, B.
REPORT FROM THE COMMITTEE ON RULES
AND LEGISLATIVE ADMINISTRATION
Peppin 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 Thursday, May 5, 2016 and established a prefiling requirement for amendments offered to the following bills:
H. F. Nos. 1066, 1372 and 3305; and S. F. Nos. 107, 2539, 2869 and 2986.
MOTIONS
AND RESOLUTIONS
Quam moved that the name of Franson be added as an author on H. F. No. 362. The motion prevailed.
Loonan moved that the name of Koznick be added as an author on H. F. No. 1099. The motion prevailed.
Barrett moved that the name of Fenton be added as an author on H. F. No. 1503. The motion prevailed.
Lesch moved that the name of Newton be added as an author on H. F. No. 2668. The motion prevailed.
Scott moved that the name of Rarick be added as an author on H. F. No. 2704. The motion prevailed.
Hausman moved that the name of Kahn be added as an author on H. F. No. 2784. The motion prevailed.
Masin moved that the name of Peterson be added as an author on H. F. No. 3202. The motion prevailed.
Cornish moved that the name of Zerwas be added as an author on H. F. No. 3983. The motion prevailed.
Lohmer introduced:
House Resolution No. 3, A House resolution recognizing the first Thursday in May as a day of statewide prayer, fasting, and repentance in Minnesota.
The resolution was referred to the Committee on Rules and Legislative Administration.
ADJOURNMENT
Peppin moved that when the House adjourns today it adjourn until 9:00 a.m., Thursday, May 5, 2016. The motion prevailed.
Peppin moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 9:00 a.m., Thursday, May 5, 2016.
Patrick D. Murphy, Chief Clerk, House of Representatives