STATE OF
MINNESOTA
NINETIETH
SESSION - 2017
_____________________
FORTY-SECOND
DAY
Saint Paul, Minnesota, Thursday, April 6, 2017
The House of Representatives convened at
10:00 a.m. and was called to order by Kurt Daudt, Speaker of the House.
Prayer was offered by Imam Asad Zaman,
Executive Director, Muslim American Society of Minnesota, St. Paul, 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, P.
Anderson, S.
Anselmo
Applebaum
Backer
Bahr, C.
Baker
Barr, R.
Becker-Finn
Bennett
Bernardy
Bliss
Bly
Carlson, A.
Carlson, L.
Christensen
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Ecklund
Erickson
Fabian
Fenton
Fischer
Flanagan
Franke
Franson
Freiberg
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Halverson
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Jessup
Johnson, B.
Johnson, C.
Johnson, S.
Jurgens
Kiel
Knoblach
Koegel
Koznick
Kresha
Kunesh-Podein
Layman
Lee
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mahoney
Mariani
Marquart
Masin
Maye Quade
McDonald
Metsa
Miller
Moran
Murphy, E.
Murphy, M.
Nash
Nelson
Neu
Newberger
Nornes
O'Driscoll
Olson
Omar
O'Neill
Pelowski
Peppin
Petersburg
Peterson
Pierson
Pinto
Poppe
Poston
Pryor
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sandstede
Sauke
Schomacker
Schultz
Scott
Slocum
Smith
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Ward
West
Whelan
Wills
Youakim
Zerwas
Spk. Daudt
A quorum was present.
Hamilton was excused until 1:30 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.
INTRODUCTION
AND FIRST READING OF HOUSE BILLS
The
following House Files were introduced:
Dean, M., introduced:
H. F. No. 2585, A bill for an act relating to human services; increasing MinnesotaCare premiums; directing the commissioner of human services to seek federal waivers and approvals necessary to provide flexibility in the use of money in the state's basic health program trust fund; amending Minnesota Statutes 2016, section 256L.15, subdivision 2.
The bill was read for the first time and referred to the Committee on Health and Human Services Finance.
Grossell; Dean, M.; O'Neill; Baker; Hilstrom; Hoppe; Albright and Kresha introduced:
H. F. No. 2586, A bill for an act relating to health; requiring the commissioner of health to provide grants for prescription drug deactivation and disposal; appropriating money.
The bill was read for the first time and referred to the Committee on Health and Human Services Reform.
Loonan introduced:
H. F. No. 2587, A bill for an act relating to human services; requiring the commissioner of human services to report to the legislature on the receipt and use of federal opioid crisis grants; requiring certain funds to be used for opioid abuse prevention and other related initiatives.
The bill was read for the first time and referred to the Committee on Health and Human Services Reform.
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 Speaker pro tempore Davids.
Lee was excused for the remainder of
today's session.
CALENDAR FOR
THE DAY
S. F. No. 1937 was reported
to the House.
Fenton moved to amend S. F. No. 1937, the unofficial engrossment, as follows:
Page 5, line 10, delete "(1)"
Page 5, delete lines 17 to 30
The
motion prevailed and the amendment was adopted.
Barr, R., moved to amend S. F. No. 1937, the unofficial engrossment, as amended, as follows:
Page 151, after line 6, insert:
"Subd. 3. Data. Government data received by the commissioner pursuant to this section is nonpublic data or private data on individuals, as defined in section 13.02, subdivisions 9 and 12."
The
motion prevailed and the amendment was adopted.
Loeffler was excused between the hours of
2:00 p.m. and 2:40 p.m.
Hausman was excused for the remainder of
today's session.
Schultz moved to amend S. F. No. 1937, the unofficial engrossment, as amended, as follows:
Page 179, line 9, before the period, insert ", including, but not limited to, the costs of air emissions and water degradation"
A roll call was requested and properly
seconded.
Hornstein offered an amendment to the
Schultz amendment to S. F. No. 1937, the unofficial engrossment,
as amended.
POINT OF
ORDER
Newberger raised a point of order pursuant
to rule 3.21(b) that the Hornstein amendment to the Schultz amendment was not
in order. Speaker pro tempore Davids
ruled the point of order well taken and the Hornstein amendment to the Schultz
amendment out of order.
Pinto appealed the decision of Speaker pro
tempore Davids.
A roll call was requested and properly
seconded.
CALL
OF THE HOUSE
On the motion of Murphy, E., and on the
demand of 10 members, a call of the House was ordered. The following members answered to their
names:
Albright
Allen
Anderson, P.
Anderson, S.
Anselmo
Applebaum
Backer
Bahr, C.
Baker
Barr, R.
Becker-Finn
Bennett
Bernardy
Bliss
Bly
Carlson, A.
Carlson, L.
Christensen
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Ecklund
Erickson
Fabian
Fenton
Fischer
Flanagan
Franke
Franson
Freiberg
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Halverson
Hamilton
Hansen
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Jessup
Johnson, B.
Johnson, C.
Johnson, S.
Jurgens
Kiel
Knoblach
Koegel
Koznick
Kresha
Kunesh-Podein
Layman
Lesch
Liebling
Lien
Lillie
Lohmer
Loon
Loonan
Lucero
Lueck
Mahoney
Mariani
Marquart
Masin
Maye Quade
McDonald
Metsa
Miller
Moran
Murphy, E.
Murphy, M.
Nash
Nelson
Neu
Newberger
Nornes
O'Driscoll
Olson
Omar
O'Neill
Pelowski
Peppin
Petersburg
Peterson
Pierson
Pinto
Poppe
Poston
Pryor
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sandstede
Sauke
Schomacker
Schultz
Scott
Slocum
Smith
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Ward
West
Whelan
Wills
Youakim
Zerwas
Spk. Daudt
All members answered to the call and it
was so ordered.
The vote recurred 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 75 yeas and 56 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, P.
Anderson, S.
Anselmo
Backer
Bahr, C.
Baker
Barr, R.
Bennett
Bliss
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Hamilton
Heintzeman
Hertaus
Hoppe
Howe
Jessup
Johnson, B.
Kiel
Knoblach
Koznick
Kresha
Layman
Lohmer
Loon
Loonan
Lucero
Lueck
McDonald
Miller
Nash
Neu
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Poston
Pugh
Quam
Rarick
Runbeck
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
West
Whelan
Wills
Zerwas
Spk. Daudt
Those who voted in the negative were:
Allen
Applebaum
Becker-Finn
Bernardy
Bly
Carlson, A.
Carlson, L.
Clark
Considine
Davnie
Dehn, R.
Ecklund
Fischer
Flanagan
Franke
Freiberg
Halverson
Hansen
Hilstrom
Hornstein
Hortman
Johnson, C.
Johnson, S.
Jurgens
Koegel
Kunesh-Podein
Lesch
Liebling
Lien
Lillie
Mahoney
Mariani
Marquart
Masin
Maye Quade
Metsa
Moran
Murphy, E.
Murphy, M.
Nelson
Olson
Omar
Pelowski
Pinto
Poppe
Pryor
Rosenthal
Sandstede
Sauke
Schultz
Slocum
Sundin
Thissen
Wagenius
Ward
Youakim
So it was the judgment of the House that
the decision of Speaker pro tempore Davids should stand.
The question recurred on the Schultz
amendment and the roll was called. There
were 71 yeas and 59 nays as follows:
Those who voted in the affirmative were:
Allen
Anselmo
Applebaum
Baker
Barr, R.
Becker-Finn
Bernardy
Bly
Carlson, A.
Carlson, L.
Clark
Considine
Davnie
Dehn, R.
Ecklund
Fenton
Fischer
Flanagan
Franke
Freiberg
Garofalo
Gunther
Halverson
Hamilton
Hansen
Hilstrom
Hornstein
Hortman
Jessup
Johnson, C.
Johnson, S.
Knoblach
Koegel
Kresha
Kunesh-Podein
Lesch
Liebling
Lien
Lillie
Loon
Mahoney
Mariani
Marquart
Masin
Maye Quade
Metsa
Moran
Murphy, E.
Nelson
Olson
Omar
Pelowski
Petersburg
Peterson
Pinto
Poppe
Pryor
Rosenthal
Sandstede
Sauke
Schultz
Slocum
Sundin
Theis
Thissen
Urdahl
Wagenius
Ward
West
Wills
Youakim
Those who voted in the negative were:
Albright
Anderson, P.
Anderson, S.
Backer
Bahr, C.
Bennett
Bliss
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Franson
Green
Grossell
Gruenhagen
Haley
Heintzeman
Hertaus
Hoppe
Howe
Johnson, B.
Jurgens
Kiel
Koznick
Layman
Lohmer
Loonan
Lucero
Lueck
McDonald
Miller
Nash
Neu
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Pierson
Poston
Pugh
Quam
Rarick
Runbeck
Schomacker
Scott
Smith
Swedzinski
Torkelson
Uglem
Vogel
Whelan
Zerwas
Spk. Daudt
The
motion prevailed and the amendment was adopted.
Lesch moved to amend S. F. No. 1937, the unofficial engrossment, as amended, as follows:
Page 154, line 11, after the period, insert "No such telecommunication or Internet service provider shall refuse to provide its services to a customer on the grounds that the customer has not approved collection of the customer's personal information."
The motion
prevailed and the amendment was adopted.
Thissen moved to amend S. F. No. 1937, the unofficial engrossment, as amended, as follows:
Page 154, delete section 4 and insert:
"Sec. 4. [237.417]
PERSONAL INFORMATION; PROHIBITION.
Subdivision
1. Definitions. (a) For the purposes of this section,
the following terms have the meanings given them.
(b) "Covered entity" means an
entity, including a search engine service, social media, or other Web-based
application, that collects personally identifiable information from a consumer
by means of the Internet.
(c) "Express approval" means
an affirmative act of the consumer provided in writing or by electronic means. The affirmative act providing express
approval must be made in a separate document or form that contains no approval
by a consumer of any other contractual provision.
(d) "Internet service
provider" has the meaning given in section 325M.01, subdivision 3.
(e) "Minnesota facilities"
means the facilities of a telecommunications or Internet service provider
covered by or subject to a franchise agreement, right-of-way agreement, or
other contract with the state of Minnesota or a political subdivision.
(f) "Personally identifiable
information" means information that identifies:
(1) a consumer by physical or electronic
address or telephone number;
(2) a consumer as having requested or
obtained specific materials or services from an Internet service provider;
(3) Internet or online sites visited by
a consumer; or
(4) any of the contents of a consumer's
data-storage devices.
(g) "Telecommunications service
provider" has the meaning given in section 237.01, subdivision 6b.
Subd. 2. Service
provider; prohibition. A
telecommunications or Internet service provider that has entered into a
franchise agreement, right-of-way agreement, or other contract with the state
of Minnesota or a political subdivision may not sell, share, or otherwise
distribute personally identifiable information from a consumer, or use such
information for direct advertising or other content, without express approval
from the consumer.
Subd. 3. Covered
entity; prohibition. A
covered entity may not sell, share, or otherwise distribute personally
identifiable information from any Minnesota consumer, or use such information
for direct advertising, without express approval of the consumer if the covered
entity used Minnesota facilities to obtain personally identifiable information
from any Minnesota consumer, even if the covered entity was not a party to a
contract with the state of Minnesota at the time the personally identifiable
information was obtained. This provision
applies to personally identifiable information obtained from any Minnesota
consumer, even if the personally identifiable information was not obtained
through the use of Minnesota facilities.
EFFECTIVE DATE. This section is effective the day following final enactment."
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Thissen
amendment and the roll was called. There
were 131 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, P.
Anderson, S.
Anselmo
Applebaum
Backer
Bahr, C.
Baker
Barr, R.
Becker-Finn
Bennett
Bernardy
Bliss
Bly
Carlson, A.
Carlson, L.
Christensen
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Ecklund
Erickson
Fabian
Fenton
Fischer
Flanagan
Franke
Franson
Freiberg
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Halverson
Hamilton
Hansen
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Jessup
Johnson, B.
Johnson, C.
Johnson, S.
Jurgens
Kiel
Knoblach
Koegel
Koznick
Kresha
Kunesh-Podein
Layman
Lesch
Liebling
Lien
Lillie
Lohmer
Loon
Loonan
Lucero
Lueck
Mahoney
Mariani
Marquart
Masin
Maye Quade
McDonald
Metsa
Miller
Moran
Murphy, E.
Murphy, M.
Nash
Nelson
Neu
Newberger
Nornes
O'Driscoll
Olson
Omar
O'Neill
Pelowski
Peppin
Petersburg
Peterson
Pierson
Pinto
Poppe
Poston
Pryor
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sandstede
Sauke
Schomacker
Schultz
Scott
Slocum
Smith
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Ward
West
Whelan
Wills
Youakim
Zerwas
Spk. Daudt
The
motion prevailed and the amendment was adopted.
Thissen moved to amend S. F. No. 1937, the unofficial engrossment, as amended, as follows:
Page 154, after line 12, insert:
"Sec. 5. [237.418]
DIGITAL DEVICE MICROPHONE; CONDITIONS FOR REMOTE ACCESS.
Subdivision 1. Definitions. (a) For the purposes of this section,
the terms in this subdivision have the meanings given them.
(b) "Digital device" means a
smartphone, tablet, television, computer, car, toy, home appliance, or any
other device that contains a microphone that can be activated remotely by a
private entity without the knowledge of the user and can transmit sound from
the location of the digital device to a remote location where it can be
recorded and stored.
(c) "Private entity" means
any individual, partnership, corporation, limited liability company,
association, or other group, however organized.
"Private entity" does not include a state or local government
agency.
(d) "User" means a person who
purchases, leases, or otherwise regularly uses a digital device.
Subd. 2. Digital
device microphone; requirements for access.
No private entity may activate or enable, cause to be activated
or enabled, or otherwise use a digital device's microphone to listen to,
transmit, store, or disclose information unless it first:
(1)
informs the user in writing that the microphone in the user's digital device
will be activated, enabled, or used by the private entity;
(2) informs the user in writing of the frequency and
length of time the microphone will be activated, enabled, or used by the
private entity;
(3) informs the user in writing of the specific
categories of information the microphone will be listening for, transmitting,
and storing;
(4) informs the user in writing of the specific purpose
for which the information will be collected, used, or stored, and to whom it
may be disclosed; and
(5) receives the informed, written consent of the user,
including through electronic means, or the user's authorized agent,
representative, or guardian, that:
(i) is in a form distinct and separate from any form
setting forth other legal or financial obligations of the user;
(ii) is given in advance of the time the microphone is
activated, enabled, or used; and
(iii) runs for a specified period of time or until
consent is withdrawn by the user, whichever is sooner.
Subd. 3.
Prohibitions. The provisions of this section may not
be waived by a user or private entity. Any
agreement that does not comply with the applicable provisions of this section
is void and unenforceable.
EFFECTIVE DATE. This section is effective the day following final enactment."
Amend the title accordingly
The motion
prevailed and the amendment was adopted.
Bly moved to amend S. F. No. 1937, the unofficial engrossment, as amended, as follows:
Page 194, delete lines 7 to 10 and insert:
"(c) Before adopting an interim ordinance that regulates, restricts, or prohibits a housing proposal, a statutory or home rule charter city must hold a public hearing"
A roll call was requested and properly
seconded.
The question was taken on the Bly
amendment and the roll was called. There
were 50 yeas and 81 nays as follows:
Those who voted in the affirmative were:
Allen
Anselmo
Applebaum
Becker-Finn
Bernardy
Bly
Carlson, A.
Carlson, L.
Clark
Considine
Davnie
Dehn, R.
Ecklund
Fischer
Flanagan
Freiberg
Haley
Halverson
Hansen
Hilstrom
Hornstein
Hortman
Johnson, C.
Johnson, S.
Koegel
Kunesh-Podein
Lesch
Liebling
Lien
Mahoney
Mariani
Masin
Maye Quade
Metsa
Moran
Murphy, E.
Murphy, M.
Olson
Omar
Pinto
Pryor
Rosenthal
Sandstede
Schultz
Slocum
Sundin
Thissen
Wagenius
Ward
Youakim
Those who voted in the negative were:
Albright
Anderson, P.
Anderson, S.
Backer
Bahr, C.
Baker
Barr, R.
Bennett
Bliss
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Fenton
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Hamilton
Heintzeman
Hertaus
Hoppe
Howe
Jessup
Johnson, B.
Jurgens
Kiel
Knoblach
Koznick
Kresha
Layman
Lillie
Lohmer
Loon
Loonan
Lucero
Lueck
Marquart
McDonald
Miller
Nash
Nelson
Neu
Newberger
Nornes
O'Driscoll
O'Neill
Pelowski
Peppin
Petersburg
Peterson
Pierson
Poppe
Poston
Pugh
Quam
Rarick
Runbeck
Sauke
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
West
Whelan
Wills
Zerwas
Spk. Daudt
The
motion did not prevail and the amendment was not adopted.
Garofalo moved to amend S. F. No. 1937, the unofficial engrossment, as amended, as follows:
Page 192, after line 15, insert:
"Sec. 43. PIPELINE
REPLACEMENT PROJECT; ROUTE.
Notwithstanding Minnesota Statutes,
section 216G.02, and Minnesota Rules, chapter 7852, an applicant may, at its
sole discretion, construct, after July 1, 2017, own, and operate a 36-inch
diameter, approximately 340 mile-long replacement pipeline, as defined in
Minnesota Statutes, section 216B.243, subdivision 8, and associated facilities along the preferred route the applicant proposed
to the Public Utilities Commission in Docket No. PL-9/PPL-15-137.
EFFECTIVE DATE. This section is effective the day following final enactment."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
Bliss was excused between the hours of
3:10 p.m. and 3:50 p.m.
The question was taken on the
Garofalo amendment and the roll was called.
There were 75 yeas and 57 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, P.
Anderson, S.
Anselmo
Backer
Bahr, C.
Baker
Barr, R.
Bennett
Bliss
Christensen
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Hamilton
Heintzeman
Hertaus
Hoppe
Howe
Johnson, B.
Jurgens
Kiel
Knoblach
Koznick
Kresha
Layman
Lohmer
Loon
Loonan
Lucero
Lueck
McDonald
Miller
Nash
Neu
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Poston
Pugh
Quam
Rarick
Runbeck
Schomacker
Scott
Smith
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
West
Whelan
Wills
Zerwas
Spk. Daudt
Those who voted in the negative were:
Allen
Applebaum
Becker-Finn
Bernardy
Bly
Carlson, A.
Carlson, L.
Clark
Considine
Davnie
Dehn, R.
Ecklund
Fischer
Flanagan
Franke
Freiberg
Haley
Halverson
Hansen
Hilstrom
Hornstein
Hortman
Jessup
Johnson, C.
Johnson, S.
Koegel
Kunesh-Podein
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Maye Quade
Metsa
Moran
Murphy, E.
Murphy, M.
Nelson
Olson
Omar
Pelowski
Pinto
Poppe
Pryor
Rosenthal
Sandstede
Sauke
Schultz
Slocum
Sundin
Wagenius
Ward
Youakim
The motion
prevailed and the amendment was adopted.
S. F. No. 1937,
the unofficial engrossment, as amended, was read for the third time.
CALL OF THE HOUSE LIFTED
Hortman moved that the call of the House
be lifted. The motion prevailed and it
was so ordered.
CALL OF THE HOUSE
On the motion of Peppin and on the demand
of 10 members, a call of the House was ordered.
The following members answered to their names:
Albright
Allen
Anderson, P.
Anderson, S.
Anselmo
Applebaum
Backer
Bahr, C.
Baker
Barr, R.
Becker-Finn
Bennett
Bernardy
Bliss
Bly
Carlson, A.
Carlson, L.
Christensen
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Ecklund
Erickson
Fabian
Fenton
Fischer
Flanagan
Franke
Franson
Freiberg
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Halverson
Hamilton
Hansen
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Jessup
Johnson, B.
Johnson, C.
Johnson, S.
Jurgens
Kiel
Knoblach
Koegel
Koznick
Kresha
Kunesh-Podein
Layman
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mahoney
Mariani
Marquart
Masin
Maye Quade
McDonald
Metsa
Miller
Moran
Murphy, E.
Murphy, M.
Nash
Nelson
Neu
Newberger
Nornes
O'Driscoll
Olson
Omar
O'Neill
Pelowski
Peppin
Petersburg
Peterson
Pierson
Pinto
Poppe
Poston
Pryor
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sandstede
Sauke
Schomacker
Schultz
Scott
Slocum
Smith
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Ward
West
Whelan
Wills
Youakim
Zerwas
Spk. Daudt
All members answered to the call and it
was so ordered.
CALL OF
THE HOUSE LIFTED
Peppin moved that the call of the House be
lifted. The motion prevailed and it was
so ordered.
Dettmer was excused for the remainder of
today's session.
The
Speaker resumed the Chair.
S. F. No. 1937, A bill for
an act relating to state government; appropriating money for commerce, energy,
labor and industry, and employment and economic development; making policy and
technical changes; modifying fees; requiring reports; amending regulation of
municipal electric utilities and rural electric cooperatives; modifying
telecommunications provisions; modifying the solar energy standard; amending
resource planning requirements; establishing a task force; establishing a youth
skills training program; modifying water conditioning installation
requirements; modifying job creation fund requirements for certain businesses;
providing a onetime exception to restrictions on use of Minnesota investment
fund repayments; creating the getting to work grant program; amending Minnesota
Statutes 2016, sections 45.0135, subdivision 6; 46.131, subdivision 7, by
adding a subdivision; 53B.11, subdivision 1; 58.10, subdivision 1; 65B.84,
subdivision 1; 80A.65, subdivision 2; 116J.395, subdivision 7; 116J.8731,
subdivision 2, by adding a subdivision; 116J.8748, subdivisions 1, 3, 4, 6;
116L.17, subdivision 1; 116L.665; 116M.14, subdivision 4; 116M.17, subdivision
4; 116M.18, subdivisions 1a, 4, 4a, 8; 175.45; 216B.164, subdivisions 5, 9, by
adding a subdivision; 216B.1691, subdivision 2f; 216B.1694, subdivision 3;
216B.2422, subdivisions 2, 4; 216B.62, subdivision 3b; 216C.435, by adding a
subdivision; 237.01, by adding subdivisions; 237.295, by adding a subdivision;
239.101, subdivision 2; 297I.11, subdivision 2; 326B.092, subdivision 7;
326B.153, subdivision 1; 326B.37, by adding subdivisions; 326B.435, subdivision
2; 326B.50, subdivision 3, by adding subdivisions; 326B.55, subdivisions 2, 4;
326B.89, subdivisions 1, 5; Laws 2015, First Special Session chapter 1, article
1, sections 2, subdivision 6; 5, subdivision 2; Laws 2016, chapter 189, article
7, section 2, subdivision 2; proposing coding for new law in Minnesota
Statutes, chapters 175; 237; 326B; repealing Minnesota Statutes 2016, sections
46.131, subdivision 5; 326B.89, subdivision 14; Minnesota Rules, parts
4355.0100; 4355.0200; 4355.0300; 4355.0400; 4355.0500.
The bill, as amended, was placed upon its
final passage.
The question was taken on the passage
of the bill and the roll was called.
There were 76 yeas and 55 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, P.
Anderson, S.
Backer
Bahr, C.
Baker
Barr, R.
Bennett
Bliss
Christensen
Cornish
Daniels
Davids
Dean, M.
Drazkowski
Erickson
Fabian
Fenton
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Hamilton
Heintzeman
Hertaus
Hoppe
Howe
Jessup
Johnson, B.
Jurgens
Kiel
Knoblach
Koznick
Kresha
Layman
Lohmer
Loon
Loonan
Lucero
Lueck
Mahoney
McDonald
Miller
Nash
Neu
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Poston
Pugh
Quam
Rarick
Runbeck
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
West
Whelan
Wills
Zerwas
Spk. Daudt
Those who voted in the negative were:
Allen
Anselmo
Applebaum
Becker-Finn
Bernardy
Bly
Carlson, A.
Carlson, L.
Clark
Considine
Davnie
Dehn, R.
Ecklund
Fischer
Flanagan
Freiberg
Halverson
Hansen
Hilstrom
Hornstein
Hortman
Johnson, C.
Johnson, S.
Koegel
Kunesh-Podein
Lesch
Liebling
Lien
Lillie
Loeffler
Mariani
Marquart
Masin
Maye Quade
Metsa
Moran
Murphy, E.
Murphy, M.
Nelson
Olson
Omar
Pelowski
Pinto
Poppe
Pryor
Rosenthal
Sandstede
Sauke
Schultz
Slocum
Sundin
Thissen
Wagenius
Ward
Youakim
The
bill was passed, as amended, and its title agreed to.
Dehn, R.,was excused between the hours of
7:20 p.m. and 8:20 p.m.
Mahoney was excused between the hours of
7:20 p.m. and 9:05 p.m.
Pursuant to rule 1.50, Peppin moved that
the House be allowed to continue in session after 12:00 midnight. The motion prevailed.
The Speaker called Davids to the Chair.
S. F. No. 605 was reported
to the House.
Anderson, S., moved to amend S. F. No. 605, the unofficial engrossment, as follows:
Page 4, after line 26, insert:
"No later than January 15, 2018, the
legislative auditor must complete an assessment of the adequacy of the county
audits performed by the state auditor in calendar year 2016. The
standards for conducting the assessment must be identical to those described in the report of the state auditor dated March 2017, titled "Assessing the Adequacy of 2015 County Audits Performed by Private CPA Firms.""
A roll call was requested and properly
seconded.
The question
was taken on the Anderson, S., amendment and the roll was called. There were 91 yeas and 38 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, P.
Anderson, S.
Anselmo
Backer
Bahr, C.
Baker
Barr, R.
Bennett
Bliss
Carlson, A.
Carlson, L.
Christensen
Cornish
Daniels
Davids
Davnie
Dean, M.
Drazkowski
Erickson
Fabian
Fenton
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Halverson
Hamilton
Heintzeman
Hertaus
Hoppe
Howe
Jessup
Johnson, B.
Jurgens
Kiel
Knoblach
Koznick
Kresha
Kunesh-Podein
Layman
Lien
Lohmer
Loon
Loonan
Lucero
Lueck
Marquart
Maye Quade
McDonald
Miller
Moran
Nash
Neu
Newberger
Nornes
O'Driscoll
O'Neill
Pelowski
Peppin
Petersburg
Peterson
Pierson
Poppe
Poston
Pryor
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sauke
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
Wagenius
West
Whelan
Wills
Zerwas
Spk. Daudt
Those who voted in the negative were:
Allen
Applebaum
Becker-Finn
Bernardy
Bly
Clark
Considine
Ecklund
Fischer
Flanagan
Freiberg
Hansen
Hilstrom
Hornstein
Hortman
Johnson, C.
Johnson, S.
Koegel
Lesch
Liebling
Lillie
Loeffler
Mariani
Masin
Metsa
Murphy, E.
Murphy, M.
Nelson
Olson
Omar
Pinto
Sandstede
Schultz
Slocum
Sundin
Thissen
Ward
Youakim
The
motion prevailed and the amendment was adopted.
Anderson, S., moved to amend S. F. No. 605, the unofficial engrossment, as amended, as follows:
Page 74, after line 19, insert:
"Sec. 67. WAITE
PARK; HOTEL INSPECTION.
(a) Notwithstanding any other law to
the contrary and in addition to any other requirement in law, the city of Waite
Park may adopt an ordinance to require a hotel, motel, or lodging establishment
operating within the city's jurisdiction to have a valid license issued by the
city. The license may prohibit the
licensee from:
(1)
knowingly allowing a room to be occupied for purposes of sex trafficking;
(2) knowingly allowing a room to be
occupied for the purposes of illegal drug activity;
(3) knowingly allowing a room to be
occupied by a minor for the consumption of alcoholic beverages;
(4) prohibiting the inspection of the
licensed premises;
(5) failing to report observed or
suspected illegal activity to the police in a reasonable period of time; and
(6) failure to maintain the licensed
premises to all building, fire, mechanical, zoning or licensing codes.
The ordinance may provide for inspections related to the
activities the license addresses. The
city may collect a reasonable fee related to the cost of issuing the license
and conducting inspections.
(b) "Hotel,"
"motel," and "lodging establishment" are as defined in
Minnesota Statutes, section 157.15.
(c) The authority in this section does
not replace or diminish the authority of the community health board to inspect
and license any hotel, motel, or lodging establishment in the city.
EFFECTIVE DATE. This section is effective the day following final enactment without local approval, as provided in Minnesota Statutes, section 645.023, subdivision 1, paragraph (a)."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
Fischer was excused between the hours of
7:40 p.m. and 9:25 p.m.
Hansen moved to amend S. F. No. 605, the unofficial engrossment, as amended, as follows:
Page 115, delete section 1
Page 118, delete sections 4 and 5
Page 119, delete sections 6 to 8
Page 120, delete section 9
Page 121, delete sections 10 to 12
Page 122, delete sections 13 and 14
Page 123, delete section 15
Page 124, delete sections 16 and 17
Page 126, delete section 18
Page 127, delete section 19
Page 129, delete section 20
Page 131, delete sections 21 and 22
Page 132, delete section 23
Page 133, delete section 24
Page 134, delete sections 25 and 26
Page 137, delete section 27
Page 138, delete sections 28 and 29
Page 139, delete section 30
Page 140, delete sections 31 and 32
Page 141, delete sections 33 to 35
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
Murphy, E., moved to amend the Hansen amendment to S. F. No. 605, the unofficial engrossment, as amended, as follows:
Page 1, after line 1, insert:
"Page 65, delete section 53
Page 67, delete section 54"
A roll call was requested and properly
seconded.
The question was taken on the Murphy,
E., amendment to the
Hansen amendment and the roll was called.
There were 55 yeas and 71 nays as follows:
Those who voted in the affirmative were:
Allen
Applebaum
Becker-Finn
Bernardy
Bly
Carlson, A.
Carlson, L.
Clark
Considine
Cornish
Davids
Davnie
Ecklund
Flanagan
Franke
Freiberg
Halverson
Hansen
Hilstrom
Hornstein
Johnson, C.
Johnson, S.
Koegel
Kunesh-Podein
Lesch
Liebling
Lien
Lillie
Loeffler
Mariani
Marquart
Masin
Maye Quade
Metsa
Moran
Murphy, E.
Murphy, M.
Nelson
Olson
Omar
Pelowski
Pinto
Poppe
Pryor
Rosenthal
Sandstede
Sauke
Schultz
Slocum
Sundin
Thissen
Urdahl
Wagenius
Ward
Youakim
Those who voted in the negative were:
Albright
Anderson, P.
Anderson, S.
Anselmo
Backer
Bahr, C.
Baker
Barr, R.
Bennett
Bliss
Daniels
Dean, M.
Drazkowski
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Hamilton
Heintzeman
Hertaus
Hoppe
Howe
Jessup
Johnson, B.
Jurgens
Kiel
Knoblach
Koznick
Kresha
Layman
Lohmer
Loon
Loonan
Lucero
Lueck
McDonald
Miller
Nash
Neu
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Poston
Pugh
Quam
Rarick
Runbeck
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Vogel
West
Whelan
Wills
Zerwas
Spk. Daudt
The motion did
not prevail and the amendment to the amendment was not adopted.
The Speaker
resumed the Chair.
The question recurred on the Hansen
amendment and the roll was called. There
were 53 yeas and 76 nays as follows:
Those who voted in the affirmative were:
Allen
Anselmo
Applebaum
Becker-Finn
Bernardy
Bly
Carlson, A.
Carlson, L.
Clark
Considine
Davnie
Dehn, R.
Ecklund
Flanagan
Freiberg
Halverson
Hansen
Hilstrom
Hornstein
Hortman
Johnson, C.
Johnson, S.
Koegel
Kunesh-Podein
Lesch
Liebling
Lien
Lillie
Loeffler
Mariani
Marquart
Masin
Maye Quade
Metsa
Moran
Murphy, E.
Murphy, M.
Nelson
Olson
Omar
Pinto
Poppe
Pryor
Rosenthal
Sandstede
Sauke
Schultz
Slocum
Sundin
Thissen
Wagenius
Ward
Youakim
Those who voted in the negative were:
Albright
Anderson, P.
Anderson, S.
Backer
Bahr, C.
Baker
Barr, R.
Bennett
Bliss
Christensen
Cornish
Daniels
Davids
Dean, M.
Drazkowski
Erickson
Fabian
Fenton
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Hamilton
Heintzeman
Hertaus
Hoppe
Howe
Jessup
Johnson, B.
Jurgens
Kiel
Knoblach
Koznick
Kresha
Layman
Lohmer
Loon
Loonan
Lucero
Lueck
McDonald
Miller
Nash
Neu
Newberger
Nornes
O'Driscoll
O'Neill
Pelowski
Peppin
Petersburg
Peterson
Pierson
Poston
Pugh
Quam
Rarick
Runbeck
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
West
Whelan
Wills
Zerwas
Spk. Daudt
The
motion did not prevail and the amendment was not adopted.
Halverson offered an amendment to
S. F. No. 605, the unofficial engrossment, as amended.
POINT OF
ORDER
O'Neill raised a point of order pursuant
to rule 4.03, relating to Ways and Means Committee; Budget Resolution; Effect
on Expenditure and Revenue Bills, that the Halverson amendment was not in
order. The Speaker ruled the point of
order well taken and the Halverson amendment out of order.
Hortman appealed the decision of the
Speaker.
A roll call was requested and properly
seconded.
The vote was taken on the question
"Shall the decision of the Speaker stand as the judgment of the
House?" and the roll was called.
There were 73 yeas and 55 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, P.
Anderson, S.
Anselmo
Backer
Bahr, C.
Baker
Barr, R.
Bennett
Bliss
Christensen
Cornish
Daniels
Davids
Dean, M.
Drazkowski
Erickson
Fabian
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Hamilton
Heintzeman
Hertaus
Hoppe
Howe
Jessup
Johnson, B.
Jurgens
Kiel
Koznick
Kresha
Layman
Lohmer
Loon
Loonan
Lucero
Lueck
McDonald
Miller
Nash
Neu
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Poston
Pugh
Quam
Rarick
Runbeck
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
West
Whelan
Zerwas
Spk. Daudt
Those who voted in the negative were:
Allen
Applebaum
Becker-Finn
Bernardy
Bly
Carlson, A.
Carlson, L.
Clark
Considine
Dehn, R.
Ecklund
Fenton
Flanagan
Freiberg
Halverson
Hansen
Hilstrom
Hornstein
Hortman
Johnson, C.
Johnson, S.
Koegel
Kunesh-Podein
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Maye Quade
Metsa
Moran
Murphy, E.
Murphy, M.
Nelson
Olson
Omar
Pelowski
Pinto
Poppe
Pryor
Rosenthal
Sandstede
Sauke
Schultz
Slocum
Sundin
Thissen
Wagenius
Ward
Wills
Youakim
So it was the judgment of the House that
the decision of the Speaker should stand.
Lillie moved to amend S. F. No. 605, the unofficial engrossment, as amended, as follows:
Page 74, after line 19, insert:
"Sec. 67. LABOR
AGREEMENT RATIFIED; MINNESOTA GOVERNMENT ENGINEERING COUNCIL.
The arbitration award and labor
agreement between the state of Minnesota and the Minnesota Government
Engineering Council, submitted to the Legislative Coordinating Commission
Subcommittee on Employee Relations on July 28, 2016, and implemented as provided
in Minnesota Statutes, section 3.855, subdivision 2, are ratified.
EFFECTIVE DATE. This section is effective the day following final enactment."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
MOTION TO
LAY ON THE TABLE
Considine moved that
S. F. No. 605, the unofficial engrossment, as amended, be laid
on the table. The motion did not
prevail.
The question recurred on the Lillie
amendment and the roll was called. There
were 62 yeas and 68 nays as follows:
Those who voted in the affirmative were:
Allen
Anselmo
Applebaum
Bahr, C.
Becker-Finn
Bernardy
Bly
Carlson, A.
Carlson, L.
Clark
Considine
Dehn, R.
Ecklund
Fischer
Flanagan
Franke
Freiberg
Halverson
Hansen
Hilstrom
Hornstein
Hortman
Johnson, C.
Johnson, S.
Knoblach
Koegel
Kunesh-Podein
Layman
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Maye Quade
Metsa
Moran
Murphy, E.
Murphy, M.
Nelson
Olson
Omar
Pelowski
Pinto
Poppe
Pryor
Rosenthal
Sandstede
Sauke
Schultz
Slocum
Sundin
Theis
Thissen
Wagenius
Ward
West
Wills
Youakim
Those who voted in the negative were:
Albright
Anderson, P.
Anderson, S.
Backer
Baker
Barr, R.
Bennett
Bliss
Christensen
Cornish
Daniels
Davids
Dean, M.
Drazkowski
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Hamilton
Heintzeman
Hertaus
Hoppe
Howe
Jessup
Johnson, B.
Jurgens
Kiel
Koznick
Kresha
Lohmer
Loon
Loonan
Lucero
Lueck
McDonald
Miller
Nash
Neu
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Poston
Pugh
Quam
Rarick
Runbeck
Schomacker
Scott
Smith
Swedzinski
Torkelson
Uglem
Urdahl
Vogel
Whelan
Zerwas
Spk. Daudt
The
motion did not prevail and the amendment was not adopted.
Halverson moved to amend S. F. No. 605, the unofficial engrossment, as amended, as follows:
Page 39, line 5, after "and" insert "that the committee's use of the sale proceeds will be disclosed to the board as required by law. Additionally, the committee"
Anderson, S., moved to amend the Halverson amendment to S. F. No. 605, the unofficial engrossment, as amended, as follows:
Page 1, after line 1, insert:
"Page 38, line 28, after "services" insert "; loans and lines of credit"
Page 38, line 29, after "services" insert ", or receipt of a loan or line of credit from a financial institution"
Page 38, line 31, after "services" insert "or a loan or line of credit received from a financial institution""
Page 1, after line 3, insert:
"Page 39, after line 8, insert:
"EFFECTIVE DATE. This section is effective the day following final enactment. Outstanding loans or lines of credit received by a political committee for a purpose prohibited by this section must be repaid to the financial institution or closed no later than July 1, 2017.""
A roll call was requested and properly
seconded.
POINT OF
ORDER
Pinto raised a point of order pursuant to
section 94, paragraph 1, of "Mason's Manual of Legislative
Procedure," relating to Right of Member to Hold the Floor. The Speaker ruled the point of order not well
taken.
POINT OF
ORDER
Pinto raised a point of order pursuant to
rule 3.21(b) that the Anderson, S., amendment to the Halverson amendment was
not in order.
The Speaker submitted the following
question to the House: "Is it the
judgment of the House that the Pinto point of order is well taken?"
A roll call was requested and properly
seconded.
CALL
OF THE HOUSE
On the motion of Hortman and on the demand
of 10 members, a call of the House was ordered.
The following members answered to their names:
Albright
Allen
Anderson, P.
Anderson, S.
Anselmo
Applebaum
Backer
Bahr, C.
Baker
Barr, R.
Becker-Finn
Bennett
Bernardy
Bliss
Bly
Carlson, A.
Carlson, L.
Christensen
Clark
Considine
Cornish
Daniels
Davids
Dean, M.
Dehn, R.
Drazkowski
Ecklund
Erickson
Fabian
Fenton
Fischer
Flanagan
Franke
Franson
Freiberg
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Halverson
Hamilton
Hansen
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Jessup
Johnson, B.
Johnson, C.
Johnson, S.
Jurgens
Kiel
Knoblach
Koegel
Koznick
Kresha
Kunesh-Podein
Layman
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mahoney
Mariani
Marquart
Masin
Maye Quade
McDonald
Metsa
Miller
Moran
Murphy, E.
Murphy, M.
Nash
Nelson
Neu
Newberger
Nornes
O'Driscoll
Olson
Omar
O'Neill
Pelowski
Peppin
Petersburg
Peterson
Pierson
Pinto
Poppe
Poston
Pryor
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sandstede
Sauke
Schomacker
Schultz
Scott
Slocum
Smith
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Ward
West
Whelan
Wills
Youakim
Zerwas
Spk. Daudt
All members answered to the call and it
was so ordered.
The vote was taken on the question
"Is it the judgment of the House that the Pinto point of order is well
taken?" and the roll was called.
There were 57 yeas and 74 nays as follows:
Those who voted in the affirmative were:
Allen
Anselmo
Applebaum
Becker-Finn
Bernardy
Bly
Carlson, A.
Carlson, L.
Clark
Considine
Davids
Davnie
Dehn, R.
Ecklund
Fischer
Flanagan
Freiberg
Halverson
Hansen
Hilstrom
Hornstein
Hortman
Johnson, C.
Johnson, S.
Koegel
Kunesh-Podein
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Maye Quade
Metsa
Moran
Murphy, E.
Murphy, M.
Nelson
Olson
Omar
Pelowski
Pinto
Poppe
Pryor
Rosenthal
Sandstede
Sauke
Schultz
Slocum
Sundin
Thissen
Wagenius
Ward
Youakim
Those who voted in the negative were:
Albright
Anderson, P.
Anderson, S.
Backer
Bahr, C.
Baker
Barr, R.
Bennett
Bliss
Christensen
Cornish
Daniels
Dean, M.
Drazkowski
Erickson
Fabian
Fenton
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Hamilton
Heintzeman
Hertaus
Hoppe
Howe
Jessup
Johnson, B.
Jurgens
Kiel
Knoblach
Koznick
Kresha
Layman
Lohmer
Loon
Loonan
Lucero
Lueck
McDonald
Miller
Nash
Neu
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Poston
Pugh
Quam
Rarick
Runbeck
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
West
Whelan
Wills
Zerwas
Spk. Daudt
So it was the judgment of the House that
the Pinto point of order was not well taken and the Anderson, S., amendment to
the Halverson amendment to S. F. No. 605 was in order.
POINT OF
ORDER
Liebling raised a point of order pursuant
to Article I, Sec. 11 of the Constitution of the State of Minnesota. The Speaker ruled the point of order out of
order.
The question recurred on the Anderson, S.,
amendment to the Halverson amendment and the roll was called. There were 70 yeas and 61 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, P.
Anderson, S.
Anselmo
Backer
Bahr, C.
Baker
Barr, R.
Bennett
Bliss
Christensen
Daniels
Dean, M.
Drazkowski
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Hamilton
Heintzeman
Hoppe
Howe
Jessup
Johnson, B.
Jurgens
Kiel
Knoblach
Koznick
Kresha
Layman
Lohmer
Loon
Loonan
Lueck
McDonald
Miller
Nash
Neu
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Poston
Pugh
Quam
Rarick
Runbeck
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Vogel
West
Whelan
Wills
Zerwas
Spk. Daudt
Those who voted in the negative were:
Allen
Applebaum
Becker-Finn
Bernardy
Bly
Carlson, A.
Carlson, L.
Clark
Considine
Cornish
Davids
Davnie
Dehn, R.
Ecklund
Fischer
Flanagan
Franke
Freiberg
Halverson
Hansen
Hertaus
Hilstrom
Hornstein
Hortman
Johnson, C.
Johnson, S.
Koegel
Kunesh-Podein
Lesch
Liebling
Lien
Lillie
Loeffler
Lucero
Mahoney
Mariani
Marquart
Masin
Maye Quade
Metsa
Moran
Murphy, E.
Murphy, M.
Nelson
Olson
Omar
Pelowski
Pinto
Poppe
Pryor
Rosenthal
Sandstede
Sauke
Schultz
Slocum
Sundin
Thissen
Urdahl
Wagenius
Ward
Youakim
The
motion prevailed and the amendment to the amendment was adopted.
Halverson offered an amendment to the
Halverson amendment, as amended, to S. F. No. 605, the
unofficial engrossment, as amended.
POINT
OF ORDER
Peppin raised a point of order pursuant to
rule 3.21(b) that the Halverson amendment to the Halverson amendment, as
amended, was not in order. The Speaker
ruled the point of order well taken and the Halverson amendment to the
Halverson amendment, as amended, out of order.
Halverson appealed the decision of the
Speaker.
A roll call was requested and properly
seconded.
The vote was taken on the question
"Shall the decision of the Speaker stand as the judgment of the
House?" and the roll was called.
Thissen moved that those not voting be
excused from voting. The motion did not
prevail.
Peppin moved that those not voting be
excused from voting. The motion
prevailed.
There were 78 yeas and 52 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, P.
Anderson, S.
Anselmo
Backer
Bahr, C.
Baker
Barr, R.
Bennett
Bliss
Christensen
Cornish
Daniels
Davids
Dean, M.
Drazkowski
Erickson
Fabian
Fenton
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Hamilton
Heintzeman
Hertaus
Hoppe
Howe
Jessup
Johnson, B.
Jurgens
Kiel
Knoblach
Koznick
Kresha
Layman
Lohmer
Loon
Loonan
Lucero
Lueck
Marquart
McDonald
Miller
Nash
Neu
Newberger
Nornes
O'Driscoll
O'Neill
Pelowski
Peppin
Petersburg
Peterson
Pierson
Poston
Pugh
Quam
Rarick
Runbeck
Sandstede
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
West
Whelan
Wills
Zerwas
Spk. Daudt
Those who voted in the negative were:
Allen
Applebaum
Becker-Finn
Bernardy
Bly
Carlson, A.
Carlson, L.
Clark
Considine
Davnie
Dehn, R.
Ecklund
Fischer
Flanagan
Franke
Freiberg
Halverson
Hansen
Hilstrom
Hornstein
Hortman
Johnson, C.
Johnson, S.
Koegel
Kunesh-Podein
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Masin
Maye Quade
Metsa
Moran
Murphy, E.
Nelson
Olson
Omar
Pinto
Poppe
Pryor
Rosenthal
Sauke
Schultz
Slocum
Sundin
Thissen
Wagenius
Ward
Youakim
So it was the judgment of the House that
the decision of the Speaker should stand.
Halverson withdrew her amendment, as
amended, to S. F. No. 605, the unofficial engrossment, as
amended.
Wills was excused between the hours of
11:15 p.m. and 11:20 p.m.
Howe was excused for the remainder of
today's session.
Hornstein moved to amend S. F. No. 605, the unofficial engrossment, as amended, as follows:
Page 43, after line 30, insert:
"Sec. 29. Minnesota Statutes 2016, section 16B.04, subdivision 2, is amended to read:
Subd. 2. Powers and duties, generally. Subject to other provisions of this chapter, the commissioner is authorized to:
(1) supervise, control, review, and approve all state contracts and purchasing, provided that the commissioner may not approve a state contract with, or the purchase of goods from, a vendor who intentionally refuses to do business, or who intentionally discriminates in the basic terms, conditions, or performance of a contract or sale, on the basis of a person's national origin;
(2) provide agencies with supplies and equipment;
(3) investigate and study the management and organization of agencies, and reorganize them when necessary to ensure their effective and efficient operation;
(4) manage and control state property, real and personal;
(5) maintain and operate all state buildings, as described in section 16B.24, subdivision 1;
(6) supervise, control, review, and approve all capital improvements to state buildings and the capitol building and grounds;
(7) provide central mail facilities;
(8) oversee publication of official documents and provide for their sale;
(9) manage and operate parking facilities for state employees and a central motor pool for travel on state business;
(10) provide rental space within the capitol complex for a private day care center for children of state employees. The commissioner shall contract for services as provided in this chapter;
(11) settle state employee workers' compensation claims;
(12) purchase, accept, transfer, warehouse, sell, distribute, or dispose of surplus property in accordance with state and federal rules and regulations. The commissioner may charge a fee to cover any expenses incurred in connection with any of these acts; and
(13) provide and manage a central distribution center for federal and state surplus personal property, as defined in section 16B.2975, and may provide and manage a warehouse facility."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The motion
prevailed and the amendment was adopted.
CALL OF THE HOUSE LIFTED
Peppin moved that the call of the House be
lifted. The motion prevailed and it was
so ordered.
Thissen moved to amend S. F. No. 605, the unofficial engrossment, as amended, as follows:
Page 16, line 25, delete "364,000" and insert "401,000" and delete "364,000" and insert "401,000"
Page 16, line 26, delete "386,000" and insert "401,000" and delete "386,000" and insert "401,000"
Page 25, after line 32, insert:
"Sec. 43. REDUCTION
IN PROFESSIONAL AND TECHNICAL SERVICES CONTRACT EXPENDITURES.
During the biennium ending June 30, 2019, the commissioner of management and budget must reduce planned general fund expenditures by executive branch state agencies on contracts for professional or technical services by at least $104,000. The commissioner must allocate this reduction among each executive branch state agency. For purposes of this section, "professional or technical services" has the meaning given in Minnesota Statutes, section 16C.08, subdivision 1, and "executive branch state agency" has the meaning given in Minnesota Statutes, section 16A.011, subdivision 12a, and includes the Minnesota State Colleges and Universities."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The motion
prevailed and the amendment was adopted.
The Speaker called Garofalo to the Chair.
S. F. No. 605, A bill for
an act relating to the operation of state government; appropriating money for
the legislature, governor's office, state auditor, attorney general, secretary
of state, certain agencies, boards, councils, retirement funds; cancellation of
certain appropriations; precluding agencies from transferring money to the
governor's office for services; constraining the state auditor's use of funds
for litigation expenses; requiring the state auditor to reimburse Wright,
Becker, and Ramsey Counties for litigation expenses; limiting the state
auditor's rates for 2017; requiring legislative approval for certain rules;
making an ALJ decision the final decision in contested cases; creating an
affirmative defense to certain rule violations; modifying the employee
gainsharing program; requiring
the Department of Administration to assess agencies for certain services;
requiring the Office of MN.IT Services to report its project portfolio to the
legislature; limiting severance pay for highly paid civil service employees;
permitting state employees to opt out of insurance coverage under SEGIP;
limiting public employer compensation under contracts to appropriated amounts;
modifying uses for Support Our Troops account; requiring the Department of
Veterans Affairs to develop a policy to grant free or reduced-cost burials in
state veterans cemeteries to eligible indigent dependents of veterans;
providing statutory appropriations to the Racing Commission in the event of a
failure to pass a biennial appropriation; raising caps on Mighty Ducks grants;
modifying expense calculation for the State Lottery; creating an advisory task
force on fiscal notes; setting a deadline for consolidation of state
information technology and for use of cloud-based solutions; creating a
legislative commission to review consolidation of the state's information
technology; establishing requirements for a grandfathered license for eyelash
technicians; creating a working group for a rules status system; creating a
grant program for election equipment; repealing the state auditor enterprise
fund; repealing the campaign finance public subsidy program; repealing lottery
payouts to people under 18; amending Minnesota Statutes 2016, sections 4.46;
6.481, subdivision 6; 6.56, subdivision 2; 6.581, subdivision 4; 14.18,
subdivision 1; 14.27; 14.389, subdivision 3; 14.57; 16A.90; 16B.055,
subdivision 1; 16B.371; 16B.4805, subdivisions 2, 4; 16E.0466; 43A.17,
subdivision 11; 43A.24, by adding a subdivision; 155A.23, subdivisions 10, 15,
16, by adding a subdivision; 155A.29, subdivisions 1, 2; 155A.30, subdivisions
2, 5; 179A.20, by adding a subdivision; 190.19, subdivisions 2, 2a; 197.236,
subdivision 9; 240.15, subdivision 6; 240.155, subdivision 1; 240A.09; 349A.08,
subdivision 2; 349A.10, subdivision 6; Laws 2016, chapter 127, section 8;
proposing coding for new law in Minnesota Statutes, chapters 6; 14; 16A; 240;
repealing Minnesota Statutes 2016, sections 6.581, subdivision 1; 10A.30;
10A.31, subdivisions 1, 3, 3a, 4, 5, 5a, 6, 6a, 7, 7a, 10, 10a, 10b, 11;
10A.315; 10A.321; 10A.322, subdivisions 1, 2, 4; 10A.323; 155A.23, subdivision
8; 349A.08, subdivision 3.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 75 yeas and 55 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, P.
Anderson, S.
Anselmo
Backer
Bahr, C.
Baker
Barr, R.
Bennett
Bliss
Christensen
Cornish
Daniels
Davids
Dean, M.
Drazkowski
Erickson
Fabian
Fenton
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Hamilton
Heintzeman
Hertaus
Hoppe
Jessup
Johnson, B.
Jurgens
Kiel
Knoblach
Koznick
Kresha
Layman
Lohmer
Loon
Loonan
Lucero
Lueck
McDonald
Miller
Nash
Neu
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Poston
Pugh
Quam
Rarick
Runbeck
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
West
Whelan
Wills
Zerwas
Spk. Daudt
Those who voted in the negative were:
Allen
Applebaum
Becker-Finn
Bernardy
Bly
Carlson, A.
Carlson, L.
Clark
Considine
Davnie
Dehn, R.
Ecklund
Fischer
Flanagan
Freiberg
Halverson
Hansen
Hilstrom
Hornstein
Hortman
Johnson, C.
Johnson, S.
Koegel
Kunesh-Podein
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Maye Quade
Metsa
Moran
Murphy, E.
Murphy, M.
Nelson
Olson
Omar
Pelowski
Pinto
Poppe
Pryor
Rosenthal
Sandstede
Sauke
Schultz
Slocum
Sundin
Thissen
Wagenius
Ward
Youakim
The bill was
passed, as amended, and its title agreed to.
MOTIONS AND RESOLUTIONS
Dettmer moved that the name of Bahr, C.,
be added as an author on H. F. No. 462. The motion prevailed.
Rosenthal moved that the names of Theis
and Kiel be added as authors on H. F. No. 2339. The motion prevailed.
Theis moved that the names of Schultz and
Kiel be added as authors on H. F. No. 2528. The motion prevailed.
Lueck moved that the name of Hausman be
added as an author on H. F. No. 2582. The motion prevailed.
ADJOURNMENT
Peppin moved that when the House adjourns
today it adjourn until 10:00 a.m., Friday, April 7, 2017. The motion prevailed.
Peppin moved that the House adjourn. The motion prevailed, and Speaker pro tempore
Garofalo declared the House stands adjourned until 10:00 a.m., Friday, April 7,
2017.
Patrick
D. Murphy, Chief
Clerk, House of Representatives