STATE OF
MINNESOTA
NINETIETH
SESSION - 2018
_____________________
EIGHTIETH
DAY
Saint Paul, Minnesota, Thursday, April 12, 2018
The House of Representatives convened at
3:30 p.m. and was called to order by Kurt Daudt, Speaker of the House.
Prayer was offered by Pastor Erik Sevig,
Community of the Cross Lutheran Church, Bloomington, 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
Backer
Bahr, C.
Baker
Barr, R.
Becker-Finn
Bennett
Bernardy
Bliss
Bly
Carlson, A.
Carlson, L.
Christensen
Clark
Considine
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
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Jessup
Johnson, B.
Johnson, C.
Jurgens
Kiel
Knoblach
Koegel
Koznick
Kresha
Kunesh-Podein
Layman
Lee
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mahoney
Marquart
Masin
Maye Quade
McDonald
Moran
Munson
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
Torkelson
Uglem
Urdahl
Wagenius
Ward
West
Whelan
Wills
Youakim
Zerwas
Spk. Daudt
A quorum was present.
Applebaum; Johnson, S.; Mariani; Metsa;
Miller; Thissen and Vogel were excused.
The Chief Clerk proceeded to read the
Journal of the preceding day. There
being no objection, further reading of the Journal was dispensed with and the
Journal was approved as corrected by the Chief Clerk.
REPORTS
OF STANDING COMMITTEES AND DIVISIONS
Knoblach from the Committee on Ways and Means to which was referred:
H. F. No. 1415, A bill for an act relating to commerce; authorizing and regulating fantasy sports; appropriating money; amending Minnesota Statutes 2016, sections 541.20; 541.21; 609.761, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 325F.
Reported the same back with the following amendments:
Page 5, line 18, delete "2017" and insert "2018"
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Knoblach from the Committee on Ways and Means to which was referred:
H. F. No. 2835, A bill for an act relating to transportation; appropriating money for certain reimbursements to deputy registrars.
Reported the same back with the following amendments:
Page 1, line 6, delete everything after "from"
Page 1, line 7, delete "account in"
Page 1, line 8, after the period, insert "Of this amount, $6,265,000 is from the driver services operating account and $2,735,000 is from the vehicle services operating account."
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Knoblach from the Committee on Ways and Means to which was referred:
H. F. No. 3023, A bill for an act relating to health occupations; modifying physician continuing education requirements; amending Minnesota Statutes 2016, section 214.12, by adding a subdivision.
Reported the same back with the following amendments:
Page 1, after line 18, insert:
"Sec. 2. APPROPRIATIONS.
(a) $5,000 in fiscal year 2019 is
appropriated from the state government special revenue fund to the Board of
Nursing for costs associated with continuing education on prescribing opioids
and controlled substances. This is a
onetime appropriation.
(b) $5,000 in fiscal year 2019 is
appropriated from the state government special revenue fund to the Board of
Dentistry for costs associated with continuing education on prescribing opioids
and controlled substances. This is a
onetime appropriation.
(c) $5,000 in fiscal year 2019 is
appropriated from the state government special revenue fund to the Board of
Optometry for costs associated with continuing education on prescribing opioids
and controlled substances. This is a
onetime appropriation.
(d) $5,000 in fiscal year 2019 is appropriated from the state government special revenue fund to the Board of Podiatric Medicine for costs associated with continuing education on prescribing opioids and controlled substances. This is a onetime appropriation."
Amend the title as follows:
Page 1, line 3, after the semicolon, insert "appropriating money;"
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Knoblach from the Committee on Ways and Means to which was referred:
H. F. No. 3280, A bill for an act relating to environment; establishing findings and authorizing listing of wild‑rice waters; nullifying and restricting the application of certain water quality standards; requiring a report; appropriating money; amending Laws 2015, First Special Session chapter 4, article 4, section 136, as amended.
Reported the same back with the following amendments:
Page 5, delete section 9 and insert:
"Sec. 9. APPROPRIATION;
WILD RICE REPORT.
(a) $50,000 in fiscal year 2018 is
appropriated from the heritage enhancement account in the game and fish fund to
the commissioner of natural resources to prepare a report on the actions
necessary to protect, restore, and enhance the naturally occurring wild rice in
the public waters of Minnesota. This is
a onetime appropriation and is available until June 30, 2019.
(b) The commissioner of natural
resources must convene a work group consisting of state, tribal, and public
experts familiar with the agronomy and hydrology that supports naturally
occurring wild rice. The work group's
purpose is to advise the commissioner in the preparation of a report on wild
rice.
(c)
The commissioner of natural resources must submit a report to the state's
tribal governments and the chairs and ranking minority members of the
legislative committees and divisions with jurisdiction over environment and
natural resources by January 15, 2019, that:
(1) provides recommendations on actions
necessary to preserve and improve the health of existing natural wild rice
beds;
(2) includes recommendations on
monitoring the effectiveness of restoration and protection activities;
(3) identifies best management practices
for natural wild rice protection and restoration and recommendations for
expanding the use of effective best management practices; and
(4) identifies areas in which to
implement the best management practices.
EFFECTIVE DATE. This section is effective the day following final enactment."
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Knoblach from the Committee on Ways and Means to which was referred:
H. F. No. 3610, A bill for an act relating to public safety; enhancing the penalty for assaulting a police officer; amending Minnesota Statutes 2016, section 609.2231, subdivision 1.
Reported the same back with the recommendation that the bill be placed on the General Register.
The
report was adopted.
Scott from the Committee on Civil Law and Data Practices Policy to which was referred:
H. F. No. 3833, A bill for an act relating to commerce; providing financial exploitation protections for older adults and vulnerable adults; proposing coding for new law as Minnesota Statutes, chapter 45A.
Reported the same back with the following amendments:
Page 4, line 1, delete "a determination by" and after "adviser" insert "reasonably believes"
Page 4, line 16, after "extending" insert "or terminating"
Page 4, line 19, delete ", or other interested party" and after "hold" insert ", or the eligible adult or owner of the account on which the eligible adult is a beneficiary or other interested person as defined in section 524.5-102"
Page 5, delete sections 8 and 9
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Scott from the Committee on Civil Law and Data Practices Policy to which was referred:
H. F. No. 3837, A bill for an act relating to campaign finance; adding new definitions; amending provisions relating to disclosure, independent expenditures, noncampaign disbursements, reporting requirements, coordinated and noncoordinated expenditures, and various other changes to campaign finance laws; amending Minnesota Statutes 2016, sections 10A.01, subdivisions 5, 26, by adding subdivisions; 10A.022, subdivision 3, by adding subdivisions; 10A.025, by adding a subdivision; 10A.07, subdivisions 1, 2; 10A.08, subdivision 1, by adding a subdivision; 10A.15, by adding subdivisions; 10A.17, subdivision 4; 10A.25, subdivision 3a; 10A.273, subdivision 3; 10A.322, subdivision 1; 211B.04; Minnesota Statutes 2017 Supplement, sections 10A.09, subdivisions 5, 6; 10A.155; 10A.20, subdivision 3; 10A.27, subdivision 16a; 10A.323; proposing coding for new law in Minnesota Statutes, chapter 10A; repealing Minnesota Rules, parts 4501.0200, subparts 1, 2; 4501.0500, subpart 1a; 4503.0100, subpart 6; 4503.0500, subpart 2; 4503.1300, subpart 4; 4505.0010; 4505.0100, subparts 1, 4, 6; 4505.0700; 4515.0010; 4515.0100, subparts 1, 5; 4515.0500, subpart 1; 4520.0010; 4520.0100, subparts 1, 4, 6; 4520.0400; 4520.0500; 4525.0330; 4525.0340, subpart 1.
Reported the same back with the recommendation that the bill be placed on the General Register.
The
report was adopted.
Scott from the Committee on Civil Law and Data Practices Policy to which was referred:
H. F. No. 4227, A bill for an act relating to health; establishing the Minnesota Health Policy Commission; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 15.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE 1
MINNESOTA HEALTH POLICY COMMISSION
Section 1.
[62J.90] MINNESOTA HEALTH
POLICY COMMISSION.
Subdivision 1. Establishment;
purpose. The Minnesota Health
Policy Commission is created to provide recommendations on improving health
care and health outcomes at lower costs through commercial and public programs. For purposes of this section,
"commission" means the Minnesota Health Policy Commission.
Subd. 2. Commission
membership. (a) The
commission shall consist of 12 voting members, appointed by the Legislative
Coordinating Commission as provided in subdivision 9, as follows:
(1) one member with demonstrated
expertise in health care finance;
(2) one member with demonstrated
expertise in health economics;
(3) one member with demonstrated
expertise in actuarial science;
(4) one member with demonstrated
expertise in health plan management and finance;
(5) one member with demonstrated
expertise in health care system management;
(6)
one member with demonstrated expertise as a purchaser, or a representative of a
purchaser, of employer‑sponsored health care services or
employer-sponsored health insurance;
(7) one member with demonstrated
expertise in the development and utilization of innovative medical
technologies;
(8) one member with demonstrated
expertise as a health care consumer advocate;
(9) one member who is a primary care
physician;
(10) one member with demonstrated
knowledge and expertise in patient privacy issues;
(11) one member who provides long-term
care services through medical assistance; and
(12) one member with direct experience
as an enrollee, or a parent or caregiver of an enrollee, in MinnesotaCare or
medical assistance.
(b) The commission shall have four
nonvoting ex officio legislative liaison members as follows:
(1) two members of the senate, including
one member from the majority party appointed by the majority leader and one
member from the minority party appointed by the minority leader; and
(2) two members of the house of
representatives, including one member of the majority party appointed by the
speaker of the house and one member from the minority party appointed by the
minority leader.
Subd. 3. Duties. The commission shall:
(1) compare Minnesota's commercial
health care costs and public health care program spending to that of the other
states;
(2) compare Minnesota's commercial
health care costs and public health care program spending in any given year to
its costs and spending in previous years;
(3) identify factors that influence and
contribute to Minnesota's ranking for commercial health care costs and public
health care program spending, including the year over year and trend line
change in total costs and spending in the state;
(4) continually monitor efforts to
reform the health care delivery and payment system in Minnesota to understand
emerging trends in the commercial health insurance market, including large
self-insured employers, and the state's public health care programs in order to
identify opportunities for state action to achieve:
(i) improved patient experience of
care, including quality and satisfaction;
(ii) improved health of all
populations; and
(iii) reduced per capita cost of health
care; and
(5) make recommendations for
legislative policy, market, or any other reforms to:
(i) lower the rate of growth in commercial
health care costs and public health care program spending in the state;
(ii)
positively impact the state's ranking in the areas listed in this subdivision;
(iii) improve the quality and value of care for all
Minnesotans; and
(iv) conduct any additional reviews requested by the
legislature.
Subd. 4.
Report. The commission shall submit a report
listing recommendations for changes in health care policy and financing by June
15 each year to the chairs and ranking minority members of the legislative
committees with primary jurisdiction over health care. In making recommendations to the legislative
committees, the commission shall consider how the recommendations might
positively impact the cost-shifting interplay between public payer reimbursement
rates and health insurance premiums. The
commission shall also consider how public health care programs, where
appropriate, may be utilized as a means to help prepare enrollees for an
eventual transition to private sector coverage.
The report shall include any draft legislation to implement the
commission's recommendations.
Subd. 5.
Staff. The commission shall hire a director
who may employ or contract for professional and technical assistance as the
commission determines necessary to perform its duties. The commission may also contract with private
entities with expertise in health economics, health finance, and actuarial
science to secure additional information, data, research, or modeling that may
be necessary for the commission to carry out its duties.
Subd. 6.
Access to information; reports. (a) The commission may secure directly
from a state department or agency de-identified information and de-identified
data that are necessary for the commission to carry out its duties. For purposes of this section,
"de-identified" means the deletion of identifiers and the use of a
data use agreement as required under Code of Federal Regulations, title 45,
section 164.514(e).
(b) By July 1, 2020, and annually thereafter, the
commission shall provide the legislative committees with jurisdiction over data
practices with a report describing the de-identified information and data
obtained by the commission from state departments and agencies in the preceding
year. The report must describe the
information obtained, including the scope of the information obtained, the
purpose for which it was obtained, the classification of any data obtained, the
length of time the information shall be used, and security measures for
protecting the information in accordance with chapter 13. The report must include a notification to the
public that although the information obtained by the commission is
de-identified, de-identified data retains some risk of identification, and that
a data use agreement must limit the use of the data and prohibit attempts to
reidentify the data. The commission
shall also maintain the reports on the commission's Web site.
Subd. 7.
Terms; vacancies; compensation. (a) Public members of the commission
shall serve four-year terms. The public
members may not serve for more than two consecutive terms.
(b) The legislative liaison members shall serve on the
commission as long as the member or the appointing authority holds office.
(c) The removal of members and filling of vacancies on
the commission are as provided in section 15.059.
(d) Public members may receive compensation and expenses
as provided in section 15.059, subdivision 3.
Subd. 8.
Chairs; officers. The commission shall elect a chair
annually. The commission may elect other
officers necessary for the performance of its duties.
Subd. 9.
Selection of members; advisory
council. The Legislative
Coordinating Commission shall take applications from members of the public who
are qualified and interested to serve in one of the listed positions. The applications must be reviewed by a health
policy commission advisory council comprised of four members as
follows: the state economist, legislative auditor,
state demographer, and the president of the Federal Reserve Bank of Minneapolis
or a designee of the president. The
advisory council shall recommend two applicants for each of the specified
positions by September 30 in the calendar year preceding the end of the
members' terms. The Legislative
Coordinating Commission shall appoint one of the two recommended applicants to
the commission.
Subd. 10. Meetings. The commission shall meet at least
four times each year. Commission
meetings are subject to chapter 13D.
Subd. 11. Conflict
of interest. A member of the
commission may not participate in or vote on a decision of the commission
relating to an organization in which the member has either a direct or indirect
financial interest.
Subd. 12. Expiration. The commission expires June 15, 2034.
Sec. 2. FIRST
APPOINTMENTS; FIRST MEETING.
The Health Policy Commission Advisory
Council shall make its recommendations under Minnesota Statutes, section
62J.90, subdivision 9, for candidates to serve on the Minnesota Health Policy
Commission to the Legislative Coordinating Commission by September 30, 2018. The Legislative Coordinating Commission shall
make the first appointments of public members to the Minnesota Health Policy
Commission under Minnesota Statutes, section 62J.90, by January 15, 2019. The Legislative Coordinating Commission shall
designate five members to serve terms that are coterminous with the governor
and six members to serve terms that end on the first Monday in January one year
after the terms of the other members conclude.
The director of the Legislative Coordinating Commission shall convene
the first meeting of the Minnesota Health Policy Commission by June 15, 2019,
and shall act as the chair until the commission elects a chair at its first
meeting.
Sec. 3. APPROPRIATION.
$....... in fiscal year 2019 is appropriated
from the general fund to the Minnesota Health Policy Commission for the
purposes of section 1.
ARTICLE 2
NURSE LICENSURE COMPACT
Section 1.
[148.2855] NURSE LICENSURE
COMPACT.
The Nurse Licensure Compact is enacted
into law and entered into with all other jurisdictions legally joining in it,
in the form substantially as follows:
ARTICLE
I
DEFINITIONS
As used in this compact:
(a) "Adverse action" means
any administrative, civil, equitable, or criminal action permitted by a state's
law that is imposed by a licensing board or other authority against a nurse,
including actions against an individual's license or multistate licensure
privilege such as revocation, suspension, probation, monitoring of the
licensee, limitation on the licensee's practice, or any other encumbrance on
licensure affecting a nurse's authorization to practice, including issuance of
a cease and desist action.
(b) "Alternative program"
means a nondisciplinary monitoring program approved by a licensing board.
(c)
"Coordinated licensure information system" means an integrated
process for collecting, storing, and sharing information on nurse licensure and
enforcement activities related to nurse licensure laws that is administered by
a nonprofit organization composed of and controlled by licensing boards.
(d) "Current significant
investigative information" means:
(1) investigative information that a
licensing board, after a preliminary inquiry that includes notification and an
opportunity for the nurse to respond, if required by state law, has reason to
believe is not groundless and, if proved true, would indicate more than a minor
infraction; or
(2) investigative information that
indicates that the nurse represents an immediate threat to public health and
safety, regardless of whether the nurse has been notified and had an
opportunity to respond.
(e) "Encumbrance" means a
revocation or suspension of, or any limitation on, the full and unrestricted
practice of nursing imposed by a licensing board.
(f) "Home state" means the
party state which is the nurse's primary state of residence.
(g) "Licensing board" means a
party state's regulatory body responsible for issuing nurse licenses.
(h) "Multistate license"
means a license to practice as a registered or a licensed practical/vocational
nurse (LPN/VN) issued by a home state licensing board that authorizes the
licensed nurse to practice in all party states under a multistate licensure
privilege.
(i) "Multistate licensure
privilege" means a legal authorization associated with a multistate
license permitting the practice of nursing as either a registered nurse (RN) or
licensed practical/vocational nurse (LPN/VN) in a remote state.
(j) "Nurse" means a
registered nurse (RN) or licensed practical/vocational nurse (LPN/VN), as those
terms are defined by each party state's practice laws.
(k) "Party state" means any
state that has adopted this compact.
(l) "Remote state" means a
party state, other than the home state.
(m) "Single-state license"
means a nurse license issued by a party state that authorizes practice only
within the issuing state and does not include a multistate licensure privilege
to practice in any other party state.
(n) "State" means a state,
territory, or possession of the United States and the District of Columbia.
(o) "State practice laws"
means a party state's laws, rules, and regulations that govern the practice of
nursing, define the scope of nursing practice, and create the methods and
grounds for imposing discipline. State
practice laws do not include requirements necessary to obtain and retain a
license, except for qualifications or requirements of the home state.
ARTICLE
II
GENERAL
PROVISIONS AND JURISDICTION
(a) A multistate license to practice
registered or licensed practical/vocational nursing issued by a home state to a
resident in that state will be recognized by each party state as authorizing a
nurse to practice as an RN or as a LPN/VN under a multistate licensure
privilege in each party state.
(b)
A state must implement procedures for considering the criminal history records
of applicants for initial multistate license or licensure by endorsement. Such procedures shall include the submission
of fingerprints or other biometric-based information by applicants for the
purpose of obtaining an applicant's criminal history record information from
the Federal Bureau of Investigation and the agency responsible for retaining
that state's criminal records.
(c) Each party state shall require the
following for an applicant to obtain or retain a multistate license in the home
state:
(1)
meets the home state's qualifications for licensure or renewal of licensure, as
well as all other applicable state laws;
(2)(i) has graduated or is eligible to
graduate from a licensing board-approved RN or LPN/VN prelicensure education
program; or
(ii) has graduated from a foreign RN or
LPN/VN prelicensure education program that:
(A) has been approved by the authorized
accrediting body in the applicable country; and
(B) has been verified by an independent
credentials review agency to be comparable to a licensing board‑approved
prelicensure education program;
(3) has, if a graduate of a foreign
prelicensure education program not taught in English or if English is not the
individual's native language, successfully passed an English proficiency
examination that includes the components of reading, speaking, writing, and
listening;
(4) has successfully passed an NCLEX-RN
or NCLEX-PN Examination or recognized predecessor, as applicable;
(5) is eligible for or holds an active,
unencumbered license;
(6) has submitted, in connection with an
application for initial licensure or licensure by endorsement, fingerprints, or
other biometric data for the purpose of obtaining criminal history record
information from the Federal Bureau of Investigation and the agency responsible
for retaining that state's criminal records;
(7) has not been convicted or found
guilty, or has entered into an agreed disposition, of a felony offense under
applicable state or federal criminal law;
(8) has not been convicted or found
guilty, or has entered into an agreed disposition, of a misdemeanor offense
related to the practice of nursing as determined on a case-by-case basis;
(9) is not currently enrolled in an
alternative program;
(10) is subject to self-disclosure
requirements regarding current participation in an alternative program; and
(11) has a valid United States Social
Security number.
(d) All party states shall be
authorized, in accordance with existing state due process law, to take adverse
action against a nurse's multistate licensure privilege such as revocation,
suspension, probation, or any other action that affects a nurse's authorization
to practice under a multistate licensure privilege, including cease and desist
actions. If a party state takes such
action, it shall promptly notify the administrator of the coordinated licensure
information system. The administrator of
the coordinated licensure information system shall promptly notify the home
state of any such actions by remote states.
(e)
A nurse practicing in a party state must comply with the state practice laws of
the state in which the client is located at the time service is provided. The practice of nursing is not limited to
patient care, but shall include all nursing practice as defined by the state
practice laws of the party state in which the client is located. The practice of nursing in a party state
under a multistate licensure privilege will subject a nurse to the jurisdiction
of the licensing board, the courts, and the laws of the party state in which
the client is located at the time service is provided.
(f) Individuals not residing in a party
state shall continue to be able to apply for a party state's single-state
license as provided under the laws of each party state. However, the single-state license granted to
these individuals will not be recognized as granting the privilege to practice
nursing in any other party state. Nothing
in this compact shall affect the requirements established by a party state for
the issuance of a single-state license.
(g) Any nurse holding a home state
multistate license, on the effective date of this compact, may retain and renew
the multistate license issued by the nurse's then-current home state, provided
that:
(1) a nurse, who changes primary state
of residence after this compact's effective date, must meet all applicable
paragraph (c) requirements to obtain a multistate license from a new home
state; or
(2) a nurse who fails to satisfy the
multistate licensure requirements in paragraph (c) due to a disqualifying event
occurring after this compact's effective date shall be ineligible to retain or
renew a multistate license, and the nurse's multistate license shall be revoked
or deactivated in accordance with applicable rules adopted by the Interstate
Commission of Nurse Licensure Compact Administrators ("Commission").
ARTICLE
III
APPLICATIONS
FOR LICENSURE IN A PARTY STATE
(a) Upon application for a multistate
license, the licensing board in the issuing party state shall ascertain, through
the coordinated licensure information system, whether the applicant has ever
held, or is the holder of, a license issued by any other state, whether there
are any encumbrances on any license or multistate licensure privilege held by
the applicant, whether any adverse action has been taken against any license or
multistate licensure privilege held by the applicant, and whether the applicant
is currently participating in an alternative program.
(b) A nurse may hold a multistate
license, issued by the home state, in only one party state at a time.
(c) If a nurse changes primary state of
residence by moving between two party states, the nurse must apply for
licensure in the new home state, and the multistate license issued by the prior
home state will be deactivated in accordance with applicable rules adopted by
the commission:
(1) the nurse may apply for licensure
in advance of a change in primary state of residence; and
(2) a multistate license shall not be
issued by the new home state until the nurse provides satisfactory evidence of
a change in primary state of residence to the new home state and satisfies all
applicable requirements to obtain a multistate license from the new home state.
(d) If a nurse changes primary state of
residence by moving from a party state to a nonparty state, the multistate
license issued by the prior home state will convert to a single-state license,
valid only in the former home state.
ARTICLE
IV
ADDITIONAL
AUTHORITIES INVESTED IN PARTY STATE LICENSING BOARDS
(a) In addition to the other powers
conferred by state law, a licensing board shall have the authority to:
(1)
take adverse action against a nurse's multistate licensure privilege to
practice within that party state:
(i) only the home state shall have the
power to take adverse action against a nurse's license issued by the home
state; and
(ii) for purposes of taking adverse
action, the home state licensing board shall give the same priority and effect
to reported conduct received from a remote state as it would if such conduct
occurred within the home state. In so
doing, the home state shall apply its own state laws to determine appropriate
action;
(2) issue cease and desist orders or
impose an encumbrance on a nurse's authority to practice within that party state;
(3) complete any pending investigations
of a nurse who changes primary state of residence during the course of such
investigations. The licensing board
shall also have the authority to take appropriate action(s) and shall promptly
report the conclusions of such investigations to the administrator of the
coordinated licensure information system.
The administrator of the coordinated licensure information system shall
promptly notify the new home state of any such actions;
(4) issue subpoenas for both hearings
and investigations that require the attendance and testimony of witnesses, as
well as the production of evidence. Subpoenas
issued by a licensing board in a party state for the attendance and testimony
of witnesses or the production of evidence from another party state shall be
enforced in the latter state by any court of competent jurisdiction, according
to the practice and procedure of that court applicable to subpoenas issued in
proceedings pending before it. The
issuing authority shall pay any witness fees, travel expenses, mileage, and
other fees required by the service statutes of the state in which the witnesses
or evidence are located;
(5) obtain and submit, for each nurse
licensure applicant, fingerprint, or other biometric-based information to the
Federal Bureau of Investigation for criminal background checks, receive the
results of the Federal Bureau of Investigation record search on criminal
background checks, and use the results in making licensure decisions;
(6) if otherwise permitted by state law,
recover from the affected nurse the costs of investigations and disposition of
cases resulting from any adverse action taken against that nurse; and
(7) take adverse action based on the
factual findings of the remote state, provided that the licensing board follows
its own procedures for taking such adverse action.
(b) If adverse action is taken by the
home state against a nurse's multistate license, the nurse's multistate
licensure privilege to practice in all other party states shall be deactivated
until all encumbrances have been removed from the multistate license. All home state disciplinary orders that
impose adverse action against a nurse's multistate license shall include a
statement that the nurse's multistate licensure privilege is deactivated in all
party states during the pendency of the order.
(c) Nothing in this compact shall
override a party state's decision that participation in an alternative program
may be used in lieu of adverse action. The
home state licensing board shall deactivate the multistate licensure privilege
under the multistate license of any nurse for the duration of the nurse's
participation in an alternative program.
ARTICLE
V
COORDINATED
LICENSURE INFORMATION SYSTEM AND EXCHANGE OF INFORMATION
(a) All party states shall participate
in a coordinated licensure information system of all licensed registered nurses
(RNs) and licensed practical/vocational nurses (LPN/VNs). This system will include information on the
licensure and disciplinary history of each nurse, as submitted by party states,
to assist in the coordination of nurse licensure and enforcement efforts.
(b)
The commission, in consultation with the administrator of the coordinated
licensure information system, shall formulate necessary and proper procedures
for the identification, collection, and exchange of information under this
compact.
(c) All licensing boards shall promptly
report to the coordinated licensure information system any adverse action, any
current significant investigative information, denials of applications,
including the reasons for such denials, and nurse participation in alternative
programs known to the licensing board, regardless of whether such participation
is deemed nonpublic or confidential under state law.
(d) Current significant investigative
information and participation in nonpublic or confidential alternative programs
shall be transmitted through the coordinated licensure information system only
to party state licensing boards.
(e) Notwithstanding any other provision
of law, all party state licensing boards contributing information to the
coordinated licensure information system may designate information that may not
be shared with nonparty states or disclosed to other entities or individuals
without the express permission of the contributing state.
(f) Any personally identifiable
information obtained from the coordinated licensure information system by a
party state licensing board shall not be shared with nonparty states or
disclosed to other entities or individuals except to the extent permitted by
the laws of the party state contributing the information.
(g) Any information contributed to the
coordinated licensure information system that is subsequently required to be
expunged by the laws of the party state contributing that information shall
also be expunged from the coordinated licensure information system.
(h) The compact administrator of each
party state shall furnish a uniform data set to the compact administrator of
each other party state, which shall include, at a minimum:
(1) identifying information;
(2) licensure data;
(3) information related to alternative
program participation; and
(4) other information that may
facilitate the administration of this compact, as determined by commission
rules.
(i) The compact administrator of a
party state shall provide all investigative documents and information requested
by another party state.
ARTICLE
VI
ESTABLISHMENT
OF THE INTERSTATE COMMISSION OF NURSE LICENSURE
COMPACT
ADMINISTRATORS
(a) The party states hereby create and
establish a joint public entity known as the Interstate Commission of Nurse
Licensure Compact Administrators:
(1) the commission is an
instrumentality of the party states;
(2)
venue is proper, and judicial proceedings by or against the commission shall be
brought solely and exclusively, in a court of competent jurisdiction where the
principal office of the commission is located.
The commission may waive venue and jurisdictional defenses to the extent
it adopts or consents to participate in alternative dispute resolution
proceedings; and
(3) nothing in this compact shall be
construed to be a waiver of sovereign immunity.
(b) Membership, voting, and meetings:
(1) each party state shall have and be
limited to one administrator. The head of
the state licensing board or designee shall be the administrator of this
compact for each party state. Any
administrator may be removed or suspended from office as provided by the law of
the state from which the administrator is appointed. Any vacancy occurring in the commission shall
be filled in accordance with the laws of the party state in which the vacancy
exists;
(2) each administrator shall be
entitled to one vote with regard to the promulgation of rules and creation of
bylaws and shall otherwise have an opportunity to participate in the business
and affairs of the commission. An
administrator shall vote in person or by such other means as provided in the
bylaws. The bylaws may provide for an
administrator's participation in meetings by telephone or other means of
communication;
(3) the commission shall meet at least
once during each calendar year. Additional
meetings shall be held as set forth in the bylaws or rules of the commission;
(4) all meetings shall be open to the
public, and public notice of meetings shall be given in the same manner as
required under the rulemaking provisions in article VII;
(5) the commission may convene in a
closed, nonpublic meeting if the commission must discuss:
(i) noncompliance of a party state with
its obligations under this compact;
(ii) the employment, compensation,
discipline, or other personnel matters, practices, or procedures related to
specific employees or other matters related to the commission's internal
personnel practices and procedures;
(iii) current, threatened, or
reasonably anticipated litigation;
(iv) negotiation of contracts for the
purchase or sale of goods, services, or real estate;
(v) accusing any person of a crime or
formally censuring any person;
(vi) disclosure of trade secrets or
commercial or financial information that is privileged or confidential;
(vii) disclosure of information of a
personal nature where disclosure would constitute a clearly unwarranted
invasion of personal privacy;
(viii) disclosure of investigatory records
compiled for law enforcement purposes;
(ix) disclosure of information related
to any reports prepared by or on behalf of the commission for the purpose of
investigation of compliance with this compact; or
(x) matters specifically exempted from
disclosure by federal or state statute; and
(6)
if a meeting, or portion of a meeting, is closed pursuant to this provision,
the commission's legal counsel or designee shall certify that the meeting may
be closed and shall reference each relevant exempting provision. The commission shall keep minutes that fully
and clearly describe all matters discussed in a meeting and shall provide a
full and accurate summary of actions taken, and the reasons therefore,
including a description of the views expressed.
All documents considered in connection with an action shall be
identified in minutes. All minutes and
documents of a closed meeting shall remain under seal, subject to release by a
majority vote of the commission or order of a court of competent jurisdiction.
(c) The commission shall, by a majority
vote of the administrators, prescribe bylaws or rules to govern its conduct as
may be necessary or appropriate to carry out the purposes and exercise the
powers of this compact, including, but not limited to:
(1) establishing the fiscal year of the
commission;
(2) providing reasonable standards and
procedures:
(i) for the establishment and meetings
of other committees; and
(ii) governing any general or specific
delegation of any authority or function of the commission;
(3) providing reasonable procedures for
calling and conducting meetings of the commission, ensuring reasonable advance
notice of all meetings and providing an opportunity for attendance of such
meetings by interested parties, with enumerated exceptions designed to protect
the public's interest, the privacy of individuals, and proprietary information,
including trade secrets. The commission
may meet in closed session only after a majority of the administrators vote to
close a meeting in whole or in part. As
soon as practicable, the commission must make public a copy of the vote to
close the meeting revealing the vote of each administrator, with no proxy votes
allowed;
(4) establishing the titles, duties,
and authority and reasonable procedures for the election of the officers of the
commission;
(5) providing reasonable standards and
procedures for the establishment of the personnel policies and programs of the
commission. Notwithstanding any civil
service or other similar laws of any party state, the bylaws shall exclusively
govern the personnel policies and programs of the commission; and
(6) providing a mechanism for winding
up the operations of the commission and the equitable disposition of any
surplus funds that may exist after the termination of this compact after the
payment or reserving of all of its debts and obligations.
(d) The commission shall publish its
bylaws and rules, and any amendments thereto, in a convenient form on the Web
site of the commission.
(e) The commission shall maintain its
financial records in accordance with the bylaws.
(f) The commission shall meet and take
actions as are consistent with the provisions of this compact and the bylaws.
(g) The commission shall have the
following powers:
(1) to promulgate uniform rules to
facilitate and coordinate implementation and administration of this compact. The rules shall have the force and effect of
law and shall be binding in all party states;
(2)
to bring and prosecute legal proceedings or actions in the name of the
commission, provided that the standing of any licensing board to sue or be sued
under applicable law shall not be affected;
(3) to purchase and maintain insurance
and bonds;
(4) to borrow, accept, or contract for
services of personnel, including, but not limited to, employees of a party
state or nonprofit organizations;
(5) to cooperate with other
organizations that administer state compacts related to the regulation of
nursing, including, but not limited to, sharing administrative or staff
expenses, office space, or other resources;
(6) to hire employees, elect or appoint
officers, fix compensation, define duties, grant such individuals appropriate
authority to carry out the purposes of this compact, and to establish the
commission's personnel policies and programs relating to conflicts of interest,
qualifications of personnel, and other related personnel matters;
(7) to accept any and all appropriate
donations, grants, and gifts of money, equipment, supplies, materials, and
services, and to receive, utilize, and dispose of the same; provided that at
all times the commission shall avoid any appearance of impropriety or conflict
of interest;
(8) to lease, purchase, accept
appropriate gifts or donations of, or otherwise to own, hold, improve, or use
any property, whether real, personal, or mixed; provided that at all times the
commission shall avoid any appearance of impropriety;
(9) to sell, convey, mortgage, pledge,
lease, exchange, abandon, or otherwise dispose of any property, whether real,
personal, or mixed;
(10) to establish a budget and make
expenditures;
(11) to borrow money;
(12) to appoint committees, including
advisory committees comprised of administrators, state nursing regulators,
state legislators or their representatives, and consumer representatives, and
other such interested persons;
(13) to provide and receive information
from, and to cooperate with, law enforcement agencies;
(14) to adopt and use an official seal;
and
(15) to perform such other functions as
may be necessary or appropriate to achieve the purposes of this Compact
consistent with the state regulation of nurse licensure and practice.
(h) Financing of the commission:
(1) the commission shall pay, or
provide for the payment of, the reasonable expenses of its establishment,
organization, and ongoing activities;
(2) the commission may also levy on and
collect an annual assessment from each party state to cover the cost of its
operations, activities, and staff in its annual budget as approved each year. The aggregate annual assessment amount, if
any, shall be allocated based upon a formula to be determined by the
commission, which shall promulgate a rule that is binding upon all party
states;
(3)
the commission shall not incur obligations of any kind prior to securing the
funds adequate to meet the same; nor shall the commission pledge the credit of
any of the party states, except by, and with the authority of, such party
state; and
(4) the commission shall keep accurate
accounts of all receipts and disbursements.
The receipts and disbursements of the commission shall be subject to the
audit and accounting procedures established under its bylaws. However, all receipts and disbursements of
funds handled by the commission shall be audited yearly by a certified or
licensed public accountant, and the report of the audit shall be included in
and become part of the annual report of the commission.
(i) Qualified immunity, defense, and
indemnification:
(1) the administrators, officers,
executive director, employees, and representatives of the commission shall be
immune from suit and liability, either personally or in their official
capacity, for any claim for damage to or loss of property or personal injury or
other civil liability caused by or arising out of any actual or alleged act,
error, or omission that occurred, or that the person against whom the claim is
made had a reasonable basis for believing occurred, within the scope of
commission employment, duties, or responsibilities; provided that nothing in
this paragraph shall be construed to protect any such person from suit or
liability for any damage, loss, injury, or liability caused by the intentional,
willful, or wanton misconduct of that person;
(2) the commission shall defend any
administrator, officer, executive director, employee, or representative of the
commission in any civil action seeking to impose liability arising out of any
actual or alleged act, error, or omission that occurred within the scope of
commission employment, duties, or responsibilities, or that the person against
whom the claim is made had a reasonable basis for believing occurred within the
scope of commission employment, duties, or responsibilities; provided that
nothing herein shall be construed to prohibit that person from retaining his or
her own counsel; and provided further that the actual or alleged act, error, or
omission did not result from that person's intentional, willful, or wanton
misconduct; and
(3) the commission shall indemnify and
hold harmless any administrator, officer, executive director, employee, or
representative of the commission for the amount of any settlement or judgment
obtained against that person arising out of any actual or alleged act, error,
or omission that occurred within the scope of commission employment, duties, or
responsibilities, or that such person had a reasonable basis for believing
occurred within the scope of commission employment, duties, or
responsibilities, provided that the actual or alleged act, error, or omission
did not result from the intentional, willful, or wanton misconduct of that
person.
ARTICLE
VII
RULEMAKING
(a) The commission shall exercise its
rulemaking powers pursuant to the criteria set forth in this article and the
rules adopted thereunder. Rules and
amendments shall become binding as of the date specified in each rule or
amendment and shall have the same force and effect as provisions of this
compact.
(b) Rules or amendments to the rules
shall be adopted at a regular or special meeting of the commission.
(c) Prior to promulgation and adoption
of a final rule or rules by the commission, and at least 60 days in advance of
the meeting at which the rule will be considered and voted upon, the commission
shall file a notice of proposed rulemaking:
(1) on the Web site of the commission;
and
(2)
on the Web site of each licensing board or the publication in which state would
otherwise publish proposed rules.
(d) The notice of proposed rulemaking shall include:
(1) the proposed time, date, and location of the meeting
in which the rule will be considered and voted upon;
(2) the text of the proposed rule or amendment, and the
reason for the proposed rule;
(3) a request for comments on the proposed rule from any
interested person; and
(4) the manner in which interested persons may submit
notice to the commission of their intention to attend the public hearing and
any written comments.
(e) Prior to adoption of a proposed rule, the commission
shall allow persons to submit written data, facts, opinions, and arguments,
which shall be made available to the public.
(f) The commission shall grant an opportunity for a
public hearing before it adopts a rule or amendment.
(g) The commission shall publish the place, time, and
date of the scheduled public hearing:
(1) hearings shall be conducted in a manner providing
each person who wishes to comment a fair and reasonable opportunity to comment
orally or in writing. All hearings will
be recorded, and a copy will be made available upon request; and
(2) nothing in this section shall be construed as
requiring a separate hearing on each rule.
Rules may be grouped for the convenience of the commission at hearings
required by this section.
(h) If no one appears at the public hearing, the
commission may proceed with promulgation of the proposed rule.
(i) Following the scheduled hearing date, or by the
close of business on the scheduled hearing date if the hearing was not held,
the commission shall consider all written and oral comments received.
(j) The commission shall, by majority vote of all administrators,
take final action on the proposed rule and shall determine the effective date
of the rule, if any, based on the rulemaking record and the full text of the
rule.
(k) Upon determination that an emergency exists, the
commission may consider and adopt an emergency rule without prior notice,
opportunity for comment or hearing, provided that the usual rulemaking
procedures provided in this compact and in this section shall be retroactively
applied to the rule as soon as reasonably possible, in no event later than 90
days after the effective date of the rule.
For the purposes of this provision, an emergency rule is one that must
be adopted immediately in order to:
(1) meet an imminent threat to public health, safety, or
welfare;
(2) prevent a loss of commission or party state funds;
or
(3) meet a deadline for the promulgation of an
administrative rule that is required by federal law or rule.
(l) The commission may direct revisions to a previously
adopted rule or amendment for purposes of correcting typographical errors,
errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be
posted on the Web site of the commission.
The revision shall be subject to challenge by any person for a
period
of 30 days after posting. The revision
may be challenged only on grounds that the revision results in a material
change to a rule. A challenge shall be
made in writing, and delivered to the commission prior to the end of the notice
period. If no challenge is made, the
revision will take effect without further action. If the revision is challenged, the revision
may not take effect without the approval of the commission.
ARTICLE
VIII
OVERSIGHT,
DISPUTE RESOLUTION, AND ENFORCEMENT
(a) Oversight:
(1) each party state shall enforce this
compact and take all actions necessary and appropriate to effectuate this
compact's purposes and intent; and
(2) the commission shall be entitled to
receive service of process in any proceeding that may affect the powers,
responsibilities, or actions of the commission, and shall have standing to
intervene in such a proceeding for all purposes. Failure to provide service of process in such
proceeding to the commission shall render a judgment or order void as to the
commission, this compact, or promulgated rules.
(b) Default, technical assistance, and
termination:
(1) if the commission determines that a
party state has defaulted in the performance of its obligations or
responsibilities under this compact or the promulgated rules, the commission
shall:
(i) provide written notice to the
defaulting state and other party states of the nature of the default, the
proposed means of curing the default or any other action to be taken by the
commission; and
(ii) provide remedial training and specific
technical assistance regarding the default;
(2) if a state in default fails to cure
the default, the defaulting state's membership in this compact may be
terminated upon an affirmative vote of a majority of the administrators, and
all rights, privileges, and benefits conferred by this compact may be
terminated on the effective date of termination. A cure of the default does not relieve the
offending state of obligations or liabilities incurred during the period of
default;
(3) termination of membership in this
compact shall be imposed only after all other means of securing compliance have
been exhausted. Notice of intent to
suspend or terminate shall be given by the commission to the governor of the
defaulting state and to the executive officer of the defaulting state's
licensing board and each of the party states;
(4) a state whose membership in this
compact has been terminated is responsible for all assessments, obligations,
and liabilities incurred through the effective date of termination, including
obligations that extend beyond the effective date of termination;
(5)
the commission shall not bear any costs related to a state that is found to be
in default or whose membership in this compact has been terminated, unless
agreed upon in writing between the commission and the defaulting state; and
(6) the defaulting state may appeal the
action of the commission by petitioning the U.S. District Court for the
District of Columbia or the federal district in which the commission has its
principal offices. The prevailing party
shall be awarded all costs of such litigation, including reasonable attorneys'
fees.
(c)
Dispute resolution:
(1) upon request by a party state, the
commission shall attempt to resolve disputes related to the compact that arise
among party states and between party and nonparty states;
(2) the commission shall promulgate a
rule providing for both mediation and binding dispute resolution for disputes,
as appropriate; and
(3) in the event the commission cannot
resolve disputes among party states arising under this compact:
(i) the party states may submit the
issues in dispute to an arbitration panel, which will be comprised of
individuals appointed by the compact administrator in each of the affected
party states and an individual mutually agreed upon by the compact
administrators of all the party states involved in the dispute; and
(ii) the decision of a majority of the
arbitrators shall be final and binding.
(d) Enforcement:
(1) the commission, in the reasonable
exercise of its discretion, shall enforce the provisions and rules of this
compact;
(2) by majority vote, the commission
may initiate legal action in the U.S. District Court for the District of
Columbia or the federal district in which the commission has its principal
offices against a party state that is in default to enforce compliance with the
provisions of this compact and its promulgated rules and bylaws. The relief sought may include both injunctive
relief and damages. In the event
judicial enforcement is necessary, the prevailing party shall be awarded all
costs of such litigation, including reasonable attorneys' fees; and
(3) the remedies herein shall not be
the exclusive remedies of the commission.
The commission may pursue any other remedies available under federal or
state law.
ARTICLE
IX
EFFECTIVE
DATE, WITHDRAWAL, AND AMENDMENT
(a) This compact shall become effective
and binding on the earlier of the date of legislative enactment of this compact
into law by no less than 26 states or December 31, 2018. All party states to this compact, that also
were parties to the prior Nurse Licensure Compact, superseded by this compact,
("prior compact"), shall be deemed to have withdrawn from said prior
compact within six months after the effective date of this compact.
(b) Each party state to this compact
shall continue to recognize a nurse's multistate licensure privilege to
practice in that party state issued under the prior compact until such party
state has withdrawn from the prior compact.
(c) Any party state may withdraw from
this compact by enacting a statute repealing the same. A party state's withdrawal shall not take
effect until six months after enactment of the repealing statute.
(d) A party state's withdrawal or
termination shall not affect the continuing requirement of the withdrawing or
terminated state's licensing board to report adverse actions and significant
investigations occurring prior to the effective date of such withdrawal or
termination.
(e) Nothing contained in this compact
shall be construed to invalidate or prevent any nurse licensure agreement or
other cooperative arrangement between a party state and a nonparty state that
is made in accordance with the other provisions of this compact.
(f)
This compact may be amended by the party states. No amendment to this compact shall become
effective and binding upon the party states, unless and until it is enacted
into the laws of all party states.
(g) Representatives of nonparty states
to this compact shall be invited to participate in the activities of the
commission, on a nonvoting basis, prior to the adoption of this compact by all
states.
ARTICLE
X
CONSTRUCTION
AND SEVERABILITY
This compact shall be liberally
construed so as to effectuate the purposes thereof. The provisions of this compact shall be
severable, and if any phrase, clause, sentence, or provision of this compact is
declared to be contrary to the constitution of any party state or of the United
States, or if the applicability thereof to any government, agency, person, or
circumstance is held invalid, the validity of the remainder of this compact and
the applicability thereof to any government, agency, person, or circumstance
shall not be affected thereby. If this
compact shall be held to be contrary to the constitution of any party state,
this compact shall remain in full force and effect as to the remaining party
states and in full force and effect as to the party state affected as to all
severable matters.
Sec. 2. [148.2856]
APPLICATION OF NURSE LICENSURE COMPACT TO EXISTING LAWS.
(a) Section 148.2855 does not relieve
employers of nurses from complying with statutorily imposed obligations.
(b) Section 148.2855 does not supersede
existing state labor laws.
(c) For purposes of the Minnesota
Government Data Practices Act, chapter 13, an individual not licensed as a
nurse under sections 148.171 to 148.285 who practices professional or practical
nursing in Minnesota under the authority of section 148.2855 is considered to
be a licensee of the board.
(d) Proceedings brought against an
individual's multistate privilege shall be adjudicated following the procedures
listed in sections 14.50 to 14.62 and shall be subject to judicial review as
provided for in sections 14.63 to 14.69.
(e) The reporting requirements of
sections 144.4175, 148.263, 626.52, and 626.557 apply to individuals not
licensed as registered or licensed practical nurses under sections 148.171 to
148.285 who practice professional or practical nursing in Minnesota under the
authority of section 148.2855.
(f) The board may take action against
an individual's multistate privilege based on the grounds listed in section
148.261, subdivision 1, and any other statute authorizing or requiring the
board to take corrective or disciplinary action.
(g) The board may take all forms of
disciplinary action provided for in section 148.262, subdivision 1, and
corrective action provided for in section 214.103, subdivision 6, against an
individual's multistate privilege.
(h) The immunity provisions of section
148.264, subdivision 1, apply to individuals who practice professional or
practical nursing in Minnesota under the authority of section 148.2855.
(i) The cooperation requirements of
section 148.265 apply to individuals who practice professional or practical nursing
in Minnesota under the authority of section 148.2855.
(j) The provisions of section 148.283
shall not apply to individuals who practice professional or practical nursing
in Minnesota under the authority of section 148.2855.
(k)
Complaints against individuals who practice professional or practical nursing
in Minnesota under the authority of section 148.2855 shall be handled as
provided in sections 214.10 and 214.103.
Sec. 3. [148.2858]
MISCELLANEOUS PROVISIONS.
(a) For the purposes of section 148.2855,
"head of the Nurse Licensing Board" means the executive director of
the board.
(b) The Board of Nursing shall have the
authority to recover from a nurse practicing professional or practical nursing
in Minnesota under the authority of section 148.2855 the costs of investigation
and disposition of cases resulting from any adverse action taken against the
nurse.
Sec. 4. APPROPRIATION.
$....... in fiscal year 2019 is
appropriated from the state government special revenue fund to the Board of
Nursing for the purposes of implementing Minnesota Statutes, section 148.2855. The state government special revenue fund
base appropriation to the Board of Nursing is increased by $....... in fiscal
years 2020 and 2021.
Sec. 5. EFFECTIVE
DATE.
Sections 1 to 3 are effective upon implementation of the coordinated licensure information system defined in section 1, article V, but no sooner than July 1, 2019."
Delete the title and insert:
"A bill for an act relating to health; establishing the Minnesota Health Policy Commission; enacting the Nurse Licensure Compact; clarifying the Nurse Licensure Compact to existing laws; appropriating money; proposing coding for new law in Minnesota Statutes, chapters 62J; 148."
With the recommendation that when so amended the bill be re-referred to the Committee on Health and Human Services Finance.
The
report was adopted.
Pursuant to Joint Rule 2.03 and in
accordance with Senate Concurrent Resolution No. 9, H. F. No. 4227 was re‑referred
to the Committee on Rules and Legislative Administration.
Nornes from the Committee on Higher Education and Career Readiness Policy and Finance to which was referred:
H. F. No. 4234, A bill for an act relating to higher education; requiring the Board of Trustees of the Minnesota State Colleges and Universities to submit a plan to transfer technical colleges.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Education Finance.
The
report was adopted.
Pursuant to Joint Rule 2.03 and in accordance
with Senate Concurrent Resolution No. 9, H. F. No. 4234 was re‑referred
to the Committee on Rules and Legislative Administration.
SECOND
READING OF HOUSE BILLS
H. F. Nos. 1415, 2835,
3023, 3280, 3610, 3833 and 3837 were read for the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The
following House Files were introduced:
Moran introduced:
H. F. No. 4346, A bill for an act relating to local government; repealing the prohibition on rent controls; repealing Minnesota Statutes 2016, section 471.9996, subdivisions 1, 2.
The bill was read for the first time and referred to the Committee on Government Operations and Elections Policy.
Pierson, Liebling, Sauke and Gunther introduced:
H. F. No. 4347, A bill for an act relating to capital investment; appropriating money to renovate and expand the Graham Park Regional Event Center in Rochester; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.
Drazkowski introduced:
H. F. No. 4348, A bill for an act relating to taxation; providing a sales tax exemption for certain construction materials; appropriating money; amending Minnesota Statutes 2016, section 297A.71, by adding a subdivision; Minnesota Statutes 2017 Supplement, section 297A.75, subdivision 1.
The bill was read for the first time and referred to the Committee on Taxes.
Uglem, Ecklund, Sundin, Poston and Lillie introduced:
H. F. No. 4349, A bill for an act relating to capital investment; appropriating money to the Minnesota Amateur Sports Commission for Mighty Ducks grants; authorizing the sale and issuance of state bonds; amending Minnesota Statutes 2016, section 240A.09.
The bill was read for the first time and referred to the Committee on State Government Finance.
Moran introduced:
H. F. No. 4350, A bill for an act relating to children; appropriating money to the ombudspersons for families.
The bill was read for the first time and referred to the Committee on Health and Human Services Finance.
Moran introduced:
H. F. No. 4351, A bill for an act relating to local government; amending the eviction statutes to allow for just cause evictions when they are enacted by local government; repealing the prohibition on rent controls; amending Minnesota Statutes 2016, section 504B.291, subdivision 1; Minnesota Statutes 2017 Supplement, section 504B.285, subdivision 1; repealing Minnesota Statutes 2016, section 471.9996, subdivisions 1, 2.
The bill was read for the first time and referred to the Committee on Government Operations and Elections Policy.
Torkelson introduced:
H. F. No. 4352, A bill for an act relating to capital investment; appropriating money for a regional STEM Education Center with a focus on agriculture; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Education Finance.
Becker-Finn, Hansen, Bly, Nelson, Lee, Bernardy, Hoppe and Flanagan introduced:
H. F. No. 4353, A bill for an act relating to agriculture; establishing additional fencing requirements for farmed Cervidae; amending Minnesota Statutes 2016, section 35.155, subdivision 4, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Agriculture Policy.
Anderson, P., introduced:
H. F. No. 4354, A bill for an act relating to finance; extending availability of fire remediation grants; amending Laws 2017, First Special Session chapter 1, article 4, section 31.
The bill was read for the first time and referred to the Committee on Taxes.
Lillie introduced:
H. F. No. 4355, A bill for an act relating to clean waters; appropriating money from clean water legacy fund.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy and Finance.
Haley introduced:
H. F. No. 4356, A bill for an act relating to education; waiving surplus federal property fees for school districts and state colleges and universities; amending Minnesota Statutes 2016, section 16B.2975, subdivision 3.
The bill was read for the first time and referred to the Committee on Education Finance.
Green introduced:
H. F. No. 4357, A bill for an act relating to taxation; property taxes; real property transfers of conservation land; conservation easements; amending Minnesota Statutes 2016, sections 84C.02; 272.01, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 84C.
The bill was read for the first time and referred to the Committee on Taxes.
Hausman introduced:
H. F. No. 4358, A bill for an act relating to transportation; amending the information that must be exchanged between drivers after a collision; amending Minnesota Statutes 2016, section 169.09, subdivision 3.
The bill was read for the first time and referred to the Committee on Transportation and Regional Governance Policy.
Allen introduced:
H. F. No. 4359, A bill for an act relating to local government; providing that a city charter does not restrict the ability of a city to issue a liquor license; amending Minnesota Statutes 2016, section 410.121.
The bill was read for the first time and referred to the Committee on Government Operations and Elections Policy.
Murphy, E., introduced:
H. F. No. 4360, A bill for an act relating to public safety; firearms; requiring criminal background checks for pistol transfers; excepting certain transfers; enabling law enforcement and family members to petition a court to prohibit people from possessing firearms if they pose a significant danger to themselves or others by possessing a firearm; prohibiting the transfer of semiautomatic military-style assault weapons; prohibiting the transfer of large‑capacity magazines; establishing a semiautomatic military-style assault weapon and large capacity magazine buyback program; clarifying that a slide-fire stock for a semiautomatic firearm is a trigger activator; providing criminal penalties; appropriating money; amending Minnesota Statutes 2016, sections 609.66, by adding a subdivision; 609.67, subdivision 1; 624.712, by adding a subdivision; 624.713, subdivision 1; 624.7132, subdivision 12; proposing coding for new law in Minnesota Statutes, chapter 624; repealing Minnesota Statutes 2016, sections 609.66, subdivision 1f; 624.7132, subdivision 14.
The bill was read for the first time and referred to the Committee on Public Safety and Security Policy and Finance.
Nornes introduced:
H. F. No. 4361, A bill for an act relating to higher education; providing for the financing of higher education programs; modifying certain higher education appropriations; appropriating money; amending Minnesota Statutes 2016, sections 136A.121, subdivision 5; 136A.901, by adding a subdivision; Laws 2017, chapter 89, article 1, sections 2, subdivisions 2, 18, 20, 40; 3, subdivision 3; 4, subdivision 2.
The bill was read for the first time and referred to the Committee on Higher Education and Career Readiness Policy and Finance.
Dettmer introduced:
H. F. No. 4362, A bill for an act relating to housing; providing for a residential rental project at Fort Snelling Upper Post; proposing coding for new law in Minnesota Statutes, chapter 474A.
The bill was read for the first time and referred to the Committee on State Government Finance.
Hornstein introduced:
H. F. No. 4363, A bill for an act relating to transportation finance; providing additional funding for certain transportation and public safety activities; modifying a fee; appropriating money; amending Minnesota Statutes 2016, sections 168.33, subdivision 7; 168A.29, subdivision 1; 171.06, subdivision 2; 299A.705, subdivision 3; repealing Minnesota Statutes 2016, section 168.013, subdivision 21.
The bill was read for the first time and referred to the Committee on Transportation Finance.
Newberger introduced:
H. F. No. 4364, A bill for an act relating to natural resources; clarifying prohibition on changing name of state water that has existed for 40 years; amending Minnesota Statutes 2016, section 83A.05.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy and Finance.
Garofalo introduced:
H. F. No. 4365, A bill for an act relating to health; authorizing visiting qualifying patients to enroll in medical cannabis registry program; authorizing registration of nonresident designated caregivers; establishing enrollment fees for visiting qualifying patients; amending Minnesota Statutes 2016, sections 152.22, subdivision 14, by adding subdivisions; 152.27, subdivisions 2, 4; 152.35; proposing coding for new law in Minnesota Statutes, chapter 152.
The bill was read for the first time and referred to the Committee on Health and Human Services Reform.
Johnson, C., and Considine introduced:
H. F. No. 4366, A bill for an act relating to capital investment; appropriating money to raise the height of a levee in Mankato.
The bill was read for the first time and referred to the Committee on Transportation Finance.
Barr, R., introduced:
H. F. No. 4367, A bill for an act relating to taxation; sales and use tax; providing a construction exemption for a fire station in the city of Inver Grove Heights; amending Minnesota Statutes 2016, section 297A.71, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Taxes.
Johnson, B., introduced:
H. F. No. 4368, A bill for an act relating to public safety; appropriating money for a domestic abuse prevention program.
The bill was read for the first time and referred to the Committee on Public Safety and Security Policy and Finance.
Albright introduced:
H. F. No. 4369, A bill for an act relating to human services; establishing a working group to make recommendations on restructuring the Department of Human Services; requiring a report.
The bill was read for the first time and referred to the Committee on State Government Finance.
Davids introduced:
H. F. No. 4370, A bill for an act relating to taxation; sales and use; requiring the commissioner of revenue to reduce the rates to reflect an increased tax base under certain conditions.
The bill was read for the first time and referred to the Committee on Taxes.
Bliss introduced:
H. F. No. 4371, A bill for an act relating to state government; setting compensation for lottery retailers in law; amending Minnesota Statutes 2016, section 349A.05; proposing coding for new law in Minnesota Statutes, chapter 349A; repealing Minnesota Statutes 2016, section 349A.16.
The bill was read for the first time and referred to the Committee on Government Operations and Elections Policy.
Loon introduced:
H. F. No. 4372, A bill for an act relating to education finance; providing for forecast adjustments; amending Laws 2017, First Special Session chapter 5, article 1, section 19, subdivisions 2, 3, 4, 5, 6, 7, 9; article 2, section 57, subdivisions 2, 3, 4, 5, 6, 21, 26; article 4, section 12, subdivisions 2, as amended, 3, 4, 5; article 5, section 14, subdivisions 2, 3; article 6, section 3, subdivisions 2, 3, 4; article 8, section 10, subdivisions 3, 5a, 6, 12; article 9, section 2, subdivision 2; article 10, section 6, subdivision 2.
The bill was read for the first time and referred to the Committee on Education Finance.
Gunther introduced:
H. F. No. 4373, A bill for an act relating to capital investment; appropriating money for storm sewer improvements in St. James; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.
Zerwas introduced:
H. F. No. 4374, A bill for an act relating to public safety; addressing continued authority of tribal law enforcement upon revocation of cooperating agreement in Mille Lacs County; amending Minnesota Statutes 2016, section 626.90, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Public Safety and Security Policy and Finance.
Ecklund, Lueck, Bliss, Sundin, Sandstede, Slocum, Considine and Metsa introduced:
H. F. No. 4375, A bill for an act relating to natural resources; appropriating money for forest inventory.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy and Finance.
Lueck, Rarick, Heintzeman and Sundin introduced:
H. F. No. 4376, A bill for an act relating to capital investment; appropriating money for extending the fiber network to connect Willow River to Pine City and Cromwell to Aitkin; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.
Mahoney; Garofalo; Johnson, S.; Gunther; Lillie and Nelson introduced:
H. F. No. 4377, A bill for an act relating to workforce development; business development; appropriating money for an east metropolitan area pilot project; requiring reports.
The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.
Garofalo introduced:
H. F. No. 4378, A bill for an act relating to state government; appropriating money for the governor's supplemental jobs budget; appropriating money for the Department of Employment and Economic Development, Minnesota Housing Finance Agency, and Workers' Compensation Court of Appeals; making occupational and safety and health federal conformity changes; extending a Department of Commerce utility grid assessment; modifying manufactured homes relocation provisions; adopting wage theft provisions; establishing criminal and civil penalties; amending Minnesota Statutes 2016, sections 177.27, subdivision 2, by adding a subdivision; 177.30; 177.32, subdivision 1; 181.03, subdivision 1, by adding subdivisions; 181.032; 181.101; 182.659, subdivision 8; 182.666, subdivisions 1, 2, 3, 4, 5, by adding a subdivision; 327C.095, subdivisions 1, 2, 3, 4, 12, 13; Minnesota Statutes 2017 Supplement, sections 15A.083, subdivision 7; 216B.62, subdivision 3b.
The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.
Smith, Peppin and Nelson introduced:
H. F. No. 4379, A bill for an act relating to capital investment; appropriating money for Trunk Highway 610/I-94 interchange connections to County State-Aid Highway 30 project and local road improvements in Maple Grove; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Transportation Finance.
Green introduced:
H. F. No. 4380, A bill for an act relating to natural resources; restricting authority of Board of Water and Soil Resources to amend plan for administrative penalty orders.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy and Finance.
Halverson and Lien introduced:
H. F. No. 4381, A bill for an act relating to higher education; requiring Minnesota State Colleges and Universities to provide mental health services to students and assist students in acquiring health insurance; appropriating money; amending Minnesota Statutes 2016, section 136F.20, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Higher Education and Career Readiness Policy and Finance.
Davnie; Mariani; Sandstede; Kunesh-Podein; Lee; Hortman; Bly; Maye Quade; Ward; Murphy, M.; Moran; Freiberg; Olson; Sauke and Murphy, E., introduced:
H. F. No. 4382, A bill for an act relating to education; providing for a special education online system addressing achievement and opportunity gaps, funding special education cross-subsidy, teacher recruitment and retention, school safety, and paraprofessional support; requiring a report; appropriating money; amending Minnesota Statutes 2016, sections 120B.11, subdivision 2; 120B.115; 120B.36, by adding a subdivision; 122A.70, as amended; 125A.08; 126C.44; 136A.1791, subdivisions 4, 5; Minnesota Statutes 2017 Supplement, sections 120A.414, by adding a subdivision; 120B.31, subdivision 4; 125A.083; 136A.1791, subdivisions 1, 2; Laws 2016, chapter 189, article 25, section 56, by adding a subdivision; Laws 2017, First Special Session chapter 5, article 2, section 57, subdivision 23; proposing coding for new law in Minnesota Statutes, chapters 120A; 127A; repealing Minnesota Statutes 2016, section 136A.1791, subdivision 3.
The bill was read for the first time and referred to the Committee on Education Innovation Policy.
Johnson, C., and Considine introduced:
H. F. No. 4383, A bill for an act relating to capital investment; appropriating money to reconstruct a segment of marked Trunk Highway 169 in Mankato; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Transportation Finance.
Peterson introduced:
H. F. No. 4384, A bill for an act relating to education; authorizing pupil transportation for certain pregnant and parenting teens; amending Minnesota Statutes 2017 Supplement, section 125A.51.
The bill was read for the first time and referred to the Committee on Education Finance.
Davids, Marquart and Loeffler introduced:
H. F. No. 4385, A bill for an act relating to taxation; making modifications to individual income, corporate franchise, property, sales and use, estate, and tobacco taxes, and other tax provisions; modifying the working family credit; providing for a personal and dependent care credit; providing for certain conformity and nonconformity to federal provisions; modifying the property tax refund; extending the small business investment credit; preventing tax evasion; modifying the research and development credit; modifying the apportionment sales factor; clarifying the dividend received deduction; changing the qualified data center exemption; increasing the tax on certain nonadmitted insurance providers; modifying tobacco sales license provisions; specifying the application of tobacco taxes to vapor products; modifying tobacco stamp provisions; modifying homestead classification provisions; changing qualification and application provisions for the senior property tax deferral program; reinstating the inflator for the state general levy; eliminating the increase in the estate tax exclusion amount; reinstating the annual indexing for the cigarette tax; reinstating a higher rate for premium cigars; providing for monetary and criminal penalties; appropriating money; amending Minnesota Statutes 2016, sections 16D.08, subdivision 2; 116J.8737, subdivisions 5, 12; 270C.03, subdivision 1; 270C.33, subdivision 6; 270C.722, subdivision 1; 270C.728, by adding a subdivision; 273.124, subdivisions 13c, 14; 273.1245, subdivision 1; 273.1315, subdivision 2; 289A.60, by adding a subdivision; 290.01, subdivision 29a, by adding a subdivision; 290.0131, subdivisions 1, 3, 12, 13, by adding subdivisions; 290.0132, subdivisions 1, 7, 20, by adding subdivisions; 290.0133, subdivision 6, by adding a subdivision; 290.05, subdivision 3; 290.06, subdivisions 2c, 2d; 290.067, subdivision 2a; 290.0671, subdivision 7;
290.0672, subdivision 2; 290.0681, subdivisions 3, 4; 290.0802, subdivision 2; 290.091, subdivision 3; 290.0921, subdivision 2; 290.0922, subdivision 1; 290.095, subdivision 2; 290.191, subdivision 5; 290.21, subdivision 4, by adding a subdivision; 290.92, subdivision 1; 290A.03, subdivision 12; 290A.04, subdivision 4; 290B.03, subdivision 1; 290B.04, subdivision 1; 297A.68, subdivisions 25, 42; 297B.03; 297F.01, subdivisions 9a, 10, 14, 17, 19, 20, 21, by adding subdivisions; 297F.03, subdivisions 1, 2, 3, 5, 6, 7, by adding a subdivision; 297F.04, subdivisions 1, 2; 297F.05, by adding subdivisions; 297F.06, by adding a subdivision; 297F.08, subdivision 8a; 297F.09, subdivisions 2, 7, 10; 297F.12, subdivision 3; 297F.13, subdivisions 2, 4, by adding a subdivision; 297F.15, subdivision 9; 297F.19, by adding a subdivision; 297F.20, subdivisions 5, 6, 7, 9, by adding subdivisions; 297F.21, subdivision 1; 297I.05, subdivision 7; 461.12, subdivision 8; 469.316, subdivision 1; Minnesota Statutes 2017 Supplement, sections 270A.03, subdivision 5; 273.124, subdivisions 13, 13d; 275.025, subdivision 1; 289A.02, subdivision 7; 289A.10, subdivision 1; 289A.12, subdivision 14; 289A.35; 290.01, subdivisions 19, 31; 290.0131, subdivision 10; 290.0132, subdivision 26; 290.0133, subdivision 12; 290.067, subdivision 2b; 290.0671, subdivision 1; 290.0672, subdivision 1; 290.068, subdivision 2; 290.0681, subdivisions 1, 2; 290.0684, subdivisions 1, 2; 290.091, subdivision 2; 290.17, subdivision 2; 290A.03, subdivisions 3, 15; 291.005, subdivision 1; 291.016, subdivision 3; 297F.01, subdivision 13a; 297F.05, subdivisions 3, 3a, 4a; 462D.06, subdivisions 1, 2; proposing coding for new law in Minnesota Statutes, chapters 270C; 290; 297F; repealing Minnesota Statutes 2016, sections 289A.50, subdivision 10; 290.0131, subdivisions 7, 11; 290.0133, subdivisions 13, 14; 290.10, subdivision 2; 297F.185.
The bill was read for the first time and referred to the Committee on Taxes.
Sundin introduced:
H. F. No. 4386, A bill for an act relating to state government; requiring compensation and expense reimbursement for public members of the Governor's Council on Developmental Disabilities; amending Minnesota Statutes 2016, section 16B.054.
The bill was read for the first time and referred to the Committee on State Government Finance.
Wills and Davnie introduced:
H. F. No. 4387, A bill for an act relating to education finance; creating a grant program for school resource officer training; appropriating money; amending Minnesota Statutes 2016, section 126C.44.
The bill was read for the first time and referred to the Committee on Education Finance.
Ward introduced:
H. F. No. 4388, A bill for an act relating to public safety; appropriating money to administer the youth intervention donation tax credit.
The bill was read for the first time and referred to the Committee on Public Safety and Security Policy and Finance.
Petersburg, Quam and Daniels introduced:
H. F. No. 4389, A bill for an act relating to capital investment; appropriating money for expanding marked Trunk Highway 14 to four lanes from County Road 180 to the existing four-lane portion of marked Trunk Highway 14; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Transportation Finance.
Petersburg, Quam and Daniels introduced:
H. F. No. 4390, A bill for an act relating to capital investment; appropriating money for the expansion of marked Trunk Highway 14 to four lanes from County Road 180 to County State-Aid Highway 3; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Transportation Finance.
Petersburg, Quam and Daniels introduced:
H. F. No. 4391, A bill for an act relating to capital investment; appropriating money for the expansion of marked Trunk Highway 14 to four lanes from County Road 180 to County Road 16; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Transportation Finance.
Jurgens, Lillie, Anselmo and Carlson, L., introduced:
H. F. No. 4392, A bill for an act relating to state government; directing the Minnesota Amateur Sports Commission to support a bid to host an International Ski Federation Nordic World Ski Championship event in Minnesota.
The bill was read for the first time and referred to the Committee on State Government Finance.
Jurgens introduced:
H. F. No. 4393, A bill for an act relating to education finance; establishing a school hot lunch grant program for students who do not qualify for free or reduced-price lunch; requiring a report; appropriating money.
The bill was read for the first time and referred to the Committee on Education Finance.
West introduced:
H. F. No. 4394, A bill for an act relating to energy; requiring the Public Utilities Commission to consider employment opportunity growth when evaluating certain certificate of need applications; modifying criteria used to evaluate compliance with renewable energy standards; amending Minnesota Statutes 2016, sections 216B.1691, subdivisions 2d, 9, by adding a subdivision; 216B.243, subdivision 3, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.
Anderson, P.; Gunther; Backer; Swedzinski and Schomacker introduced:
H. F. No. 4395, A bill for an act relating to taxation; property; providing a property tax credit for land constituting a riparian buffer; appropriating money; amending Minnesota Statutes 2017 Supplement, section 273.1393; proposing coding for new law in Minnesota Statutes, chapter 273.
The bill was read for the first time and referred to the Committee on Taxes.
Moran introduced:
H. F. No. 4396, A bill for an act relating to civil law; creating a walk-through requirement for tenant deposits; amending Minnesota Statutes 2016, section 504B.178, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Civil Law and Data Practices Policy.
Moran introduced:
H. F. No. 4397, A bill for an act relating to civil law; requiring expungement for evictions that are more than three years old; amending Minnesota Statutes 2016, section 484.014, subdivision 3.
The bill was read for the first time and referred to the Committee on Civil Law and Data Practices Policy.
Fischer and Becker-Finn introduced:
H. F. No. 4398, A bill for an act relating to natural resources; appropriating money to enhance efforts to ensure that staff of the Department of Natural Resources includes members of communities traditionally underrepresented on the agency's staff.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy and Finance.
Johnson, B., introduced:
H. F. No. 4399, A bill for an act relating to public safety; appropriating money for courts; guardian ad litem, corrections, and public safety; amending Laws 2017, chapter 95, article 1, section 12.
The bill was read for the first time and referred to the Committee on Public Safety and Security Policy and Finance.
Fabian introduced:
H. F. No. 4400, A bill for an act relating to natural resources; modifying provisions for leasing state lands; providing for sales and conveyance of interests in public lands; appropriating money for natural resources; amending Minnesota Statutes 2016, section 92.502; Laws 2017, chapter 93, article 2, section 155, subdivision 4.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy and Finance.
Erickson introduced:
H. F. No. 4401, A bill for an act relating to civil law and data practices; education; modifying criminal history background checks; amending Minnesota Statutes 2016, sections 245C.02, by adding a subdivision; 245C.12; Minnesota Statutes 2017 Supplement, section 245C.08, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 245C.
The bill was read for the first time and referred to the Committee on Civil Law and Data Practices Policy.
Urdahl introduced:
H. F. No. 4402, A bill for an act relating to arts and cultural heritage; creating grant review process for regional arts councils; amending Minnesota Statutes 2017 Supplement, section 129D.17, subdivision 4.
The bill was read for the first time and referred to the Committee on Legacy Funding Finance.
Drazkowski introduced:
H. F. No. 4403, A bill for an act relating to local government; aid reductions for certain spending; amending Minnesota Statutes 2016, section 477A.017, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 477A.
The bill was read for the first time and referred to the Committee on Taxes.
Urdahl introduced:
H. F. No. 4404, A bill for an act relating to capital investment; authorizing spending to acquire and better public land and buildings and other improvements of a capital nature with certain conditions; modifying previous appropriations; establishing new programs and modifying existing programs; authorizing the sale and issuance of state bonds; appropriating money; amending Minnesota Statutes 2016, sections 16B.86; 16B.87, subdivisions 1, 3; 363A.36, subdivisions 1, 4; 363A.44, subdivision 1; 462A.37, subdivision 1, by adding a subdivision; Minnesota Statutes 2017 Supplement, sections 222.49; 462A.37, subdivision 5; Laws 2009, chapter 93, article 1, section 14, subdivision 3, as amended; Laws 2014, chapter 294, article 1, section 5, subdivision 3; Laws 2014, chapter 295, section 9; Laws 2017, First Special Session chapter 8, article 1, sections 6, subdivision 6; 15, subdivisions 3, 11; 19, subdivision 3; 23, subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 137; 174.
The bill was read for the first time and referred to the Committee on Capital Investment.
REPORTS 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, April
12, 2018 and established a prefiling requirement for amendments offered to the
following bills:
H. F. Nos. 2899, 3755, 3224
and 3095.
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 Monday, April 16,
2018 and established a prefiling requirement for amendments offered to the
following bills:
H. F. Nos. 2887, 3841, 3243
and 3295.
CALENDAR FOR THE DAY
H. F. No. 2899, A bill for
an act relating to insurance; requiring notification of the statutory prohibition
against payment of rebates or deductibles by residential contractors; amending
Minnesota Statutes 2016, section 325E.66, 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 127 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, P.
Anderson, S.
Anselmo
Backer
Bahr, C.
Baker
Barr, R.
Becker-Finn
Bennett
Bernardy
Bliss
Bly
Carlson, A.
Carlson, L.
Christensen
Clark
Considine
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
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Jessup
Johnson, B.
Johnson, C.
Jurgens
Kiel
Knoblach
Koegel
Koznick
Kresha
Kunesh-Podein
Layman
Lee
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mahoney
Marquart
Masin
Maye Quade
McDonald
Moran
Munson
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
Torkelson
Uglem
Urdahl
Wagenius
Ward
West
Whelan
Wills
Youakim
Zerwas
Spk. Daudt
The
bill was passed and its title agreed to.
H. F. No. 3755, A bill for
an act relating to watercraft; modifying requirements for carbon monoxide
detection devices; amending Minnesota Statutes 2016, sections 86B.005,
subdivision 8a; 86B.532, 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 127 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, P.
Anderson, S.
Anselmo
Backer
Bahr, C.
Baker
Barr, R.
Becker-Finn
Bennett
Bernardy
Bliss
Bly
Carlson, A.
Carlson, L.
Christensen
Clark
Considine
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
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Jessup
Johnson, B.
Johnson, C.
Jurgens
Kiel
Knoblach
Koegel
Koznick
Kresha
Kunesh-Podein
Layman
Lee
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mahoney
Marquart
Masin
Maye Quade
McDonald
Moran
Munson
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
Torkelson
Uglem
Urdahl
Wagenius
Ward
West
Whelan
Wills
Youakim
Zerwas
Spk. Daudt
The
bill was passed and its title agreed to.
H. F. No. 3224, A bill for
an act relating to credit unions; regulating membership; governance; and powers
and duties; amending Minnesota Statutes 2016, sections 52.02; 52.19,
subdivision 2.
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 127 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, P.
Anderson, S.
Anselmo
Backer
Bahr, C.
Baker
Barr, R.
Becker-Finn
Bennett
Bernardy
Bliss
Bly
Carlson, A.
Carlson, L.
Christensen
Clark
Considine
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
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Jessup
Johnson, B.
Johnson, C.
Jurgens
Kiel
Knoblach
Koegel
Koznick
Kresha
Kunesh-Podein
Layman
Lee
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mahoney
Marquart
Masin
Maye Quade
McDonald
Moran
Munson
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
Torkelson
Uglem
Urdahl
Wagenius
Ward
West
Whelan
Wills
Youakim
Zerwas
Spk. Daudt
The
bill was passed and its title agreed to.
H. F. No. 3095 was reported
to the House.
Nelson moved to amend H. F. No. 3095, the second engrossment, as follows:
Page 4, after line 16, insert:
"Sec. 9. Minnesota Statutes 2016, section 115A.94, is amended by adding a subdivision to read:
Subd. 8. Collector preference. A political subdivision that organizes collection under this section must give preference to contracting with collectors who have one or more collective bargaining agreements with exclusive bargaining representatives of employee bargaining units."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Nelson
amendment and the roll was called. There
were 50 yeas and 77 nays as follows:
Those who voted in the affirmative were:
Allen
Becker-Finn
Bernardy
Bly
Carlson, A.
Carlson, L.
Clark
Considine
Davnie
Dehn, R.
Ecklund
Fischer
Flanagan
Freiberg
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Johnson, C.
Koegel
Kunesh-Podein
Lee
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Masin
Maye Quade
Moran
Murphy, E.
Murphy, M.
Nelson
Olson
Omar
Pinto
Poppe
Pryor
Rosenthal
Sandstede
Sauke
Schultz
Slocum
Sundin
Wagenius
Ward
Youakim
Those who voted in the negative were:
Albright
Anderson, P.
Anderson, S.
Anselmo
Backer
Bahr, C.
Baker
Barr, R.
Bennett
Bliss
Christensen
Daniels
Davids
Dean, M.
Dettmer
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
Marquart
McDonald
Munson
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
West
Whelan
Wills
Zerwas
Spk. Daudt
The
motion did not prevail and the amendment was not adopted.
H. F. No. 3095, A bill for
an act relating to solid waste; modifying waste management provisions; amending
Minnesota Statutes 2016, section 115A.94, subdivisions 2, 4a, 4b, 4c, 4d, 5, by
adding subdivisions.
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 108 yeas and 18 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
Daniels
Davids
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Ecklund
Erickson
Fabian
Fenton
Fischer
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Halverson
Hamilton
Hansen
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Howe
Jessup
Johnson, B.
Jurgens
Kiel
Knoblach
Koegel
Koznick
Kresha
Kunesh-Podein
Layman
Lee
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mahoney
Marquart
Masin
Maye Quade
McDonald
Moran
Munson
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
Sauke
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Ward
West
Whelan
Wills
Youakim
Zerwas
Spk. Daudt
Those who voted in the negative were:
Allen
Becker-Finn
Bernardy
Bly
Clark
Considine
Flanagan
Freiberg
Hausman
Hortman
Johnson, C.
Lesch
Murphy, E.
Sandstede
Schultz
Slocum
Sundin
Wagenius
The
bill was passed and its title agreed to.
MOTIONS
AND RESOLUTIONS
Fenton moved that the name of Schultz be
added as an author on H. F. No. 501. The motion prevailed.
Pierson moved that the name of Kiel be
added as an author on H. F. No. 608. The motion prevailed.
Peterson moved that the name of Jessup be
added as an author on H. F. No. 661. The motion prevailed.
Kiel moved that the names of Jessup and
Hornstein be added as authors on H. F. No. 876. The motion prevailed.
Johnson, C., moved that the name of
Torkelson be added as an author on H. F. No. 972. The motion prevailed.
Thissen moved that the name of Ecklund be
added as an author on H. F. No. 1065. The motion prevailed.
Hansen moved that the name of Franke be
added as an author on H. F. No. 1091. The motion prevailed.
Bennett moved that the names of Allen and
Maye Quade be added as authors on H. F. No. 1924. The motion prevailed.
Pierson moved that the name of Hornstein
be added as an author on H. F. No. 2099. The motion prevailed.
Dehn, R., moved that the names of Schultz
and Nelson be added as authors on H. F. No. 2139. The motion prevailed.
Fischer moved that the name of Masin be
added as an author on H. F. No. 2160. The motion prevailed.
Fabian moved that the name of Bahr, C., be
added as an author on H. F. No. 2687. The motion prevailed.
Fischer moved that the name of Becker-Finn
be added as an author on H. F. No. 2735. The motion prevailed.
Miller moved that the name of Kiel be
added as an author on H. F. No. 2882. The motion prevailed.
Thissen moved that the names of Allen and
Halverson be added as authors on H. F. No. 2966. The motion prevailed.
Runbeck moved that the names of Pierson
and Rosenthal be added as authors on H. F. No. 3013. The motion prevailed.
Maye Quade moved that the name of Davnie
be added as an author on H. F. No. 3045. The motion prevailed.
Dean, M., moved that the name of Loonan be
added as an author on H. F. No. 3062. The motion prevailed.
Kiel moved that the name of Murphy, E., be
added as an author on H. F. No. 3171. The motion prevailed.
Lillie moved that the names of Fischer,
Loeffler, Christensen, Mariani and Masin be added as authors on
H. F. No. 3187. The
motion prevailed.
Schomacker moved that the names of Daniels
and Omar be added as authors on H. F. No. 3191. The motion prevailed.
Albright moved that the name of
Lillie be added as an author on H. F. No. 3254. The motion prevailed.
Kiel moved that the name of Torkelson be
added as an author on H. F. No. 3308. The motion prevailed.
Zerwas moved that the names of Baker and
Hamilton be added as authors on H. F. No. 3356. The motion prevailed.
Davids moved that the names of Murphy, E.,
and Schultz be added as authors on H. F. No. 3464. The motion prevailed.
Baker moved that the name of Hamilton be
added as an author on H. F. No. 3474. The motion prevailed.
Anderson, P., moved that the name of
Youakim be added as an author on H. F. No. 3493. The motion prevailed.
Anselmo moved that the names of Nelson,
Hornstein, Loon and Smith be added as authors on
H. F. No. 3495. The
motion prevailed.
Zerwas moved that the names of Nornes and
Murphy, E., be added as authors on H. F. No. 3542. The motion prevailed.
Miller moved that the name of Backer be
added as an author on H. F. No. 3548. The motion prevailed.
Pinto moved that the name of Schultz be
added as an author on H. F. No. 3574. The motion prevailed.
Anselmo moved that the names of Hornstein,
Hausman, Omar and Layman be added as authors on
H. F. No. 3577. The
motion prevailed.
Omar moved that the names of Poston and
Masin be added as authors on H. F. No. 3582. The motion prevailed.
Peterson moved that the name of Slocum be
added as an author on H. F. No. 3587. The motion prevailed.
Dettmer moved that the name of Bliss be
added as an author on H. F. No. 3591. The motion prevailed.
Wills moved that the name of Smith be
added as an author on H. F. No. 3599. The motion prevailed.
Howe moved that the name of Urdahl be
added as an author on H. F. No. 3631. The motion prevailed.
Mariani moved that the name of Omar be
added as an author on H. F. No. 3632. The motion prevailed.
Lohmer moved that the names of McDonald,
Peterson, Dettmer and Franson be added as authors on
H. F. No. 3665. The
motion prevailed.
Jessup moved that the names of Pierson,
Smith and Rosenthal be added as authors on H. F. No. 3692. The motion prevailed.
O'Neill moved that the names of McDonald
and Heintzeman be added as authors on H. F. No. 3708. The motion prevailed.
Johnson, S., moved that the name of Ward
be added as an author on H. F. No. 3717. The motion prevailed.
Hertaus moved that the names of
Munson; Bahr, C., and Wills be added as authors on
H. F. No. 3811. The motion
prevailed.
Zerwas moved that the name of Slocum be
added as an author on H. F. No. 3852. The motion prevailed.
Albright moved that the name of Freiberg
be added as an author on H. F. No. 3860. The motion prevailed.
Theis moved that the name of Slocum be
added as an author on H. F. No. 3884. The motion prevailed.
Anderson, S., moved that the names of
Kiel, Gruenhagen, Pugh, Munson and Haley be added as authors on
H. F. No. 3893. The
motion prevailed.
Moran moved that the names of Hornstein,
Flanagan and Dehn, R., be added as authors on
H. F. No. 3973. The
motion prevailed.
Ward moved that the names of McDonald and
Uglem be added as authors on H. F. No. 4020. The motion prevailed.
Albright moved that the name of Hansen be
added as an author on H. F. No. 4024. The motion prevailed.
Anderson, S., moved that the names of
Hamilton and Christensen be added as authors on
H. F. No. 4072. The
motion prevailed.
Garofalo moved that the name of Hansen be
added as an author on H. F. No. 4104. The motion prevailed.
Clark moved that the name of Omar be added
as an author on H. F. No. 4132.
The motion prevailed.
Franke moved that the name of Murphy, E.,
be added as an author on H. F. No. 4135. The motion prevailed.
Ward moved that the name of O'Neill be
added as an author on H. F. No. 4140. The motion prevailed.
Kiel moved that the name of McDonald be
added as an author on H. F. No. 4144. The motion prevailed.
Dehn, R., moved that the names of Moran;
Carlson, L., and Omar be added as authors on
H. F. No. 4151. The
motion prevailed.
Pierson moved that the names of Freiberg
and Hornstein be added as authors on H. F. No. 4181. The motion prevailed.
Schultz moved that the name of Bly be
added as an author on H. F. No. 4303. The motion prevailed.
Thissen moved that the name of Bly be
added as an author on H. F. No. 4306. The motion prevailed.
Halverson moved that the name of Bly be
added as an author on H. F. No. 4311. The motion prevailed.
Pinto moved that the name of Bly be added
as an author on H. F. No. 4322.
The motion prevailed.
Pinto moved that the name of Bly be added
as an author on H. F. No. 4323.
The motion prevailed.
Poston moved that the name of Jurgens be
added as an author on H. F. No. 4325. The motion prevailed.
Hansen moved that the names of Masin
and Bly be added as authors on H. F. No. 4326. The motion prevailed.
Loon moved that the name of Erickson be
added as an author on H. F. No. 4328. The motion prevailed.
Dean, M., moved that the name of Lucero be
added as an author on H. F. No. 4331. The motion prevailed.
Hilstrom moved that the names of Masin;
Dehn, R., and Schultz be added as authors on
H. F. No. 4333. The
motion prevailed.
Rarick moved that the name of Metsa be
added as an author on H. F. No. 4336. The motion prevailed.
Knoblach moved that the name of Howe be
added as an author on H. F. No. 4342. The motion prevailed.
Davnie moved that the name of Bly be added
as an author on H. F. No. 4345.
The motion prevailed.
Davnie moved that the name of Hornstein be
added as an author on H. F. No. 4382. The motion prevailed.
Hansen moved that
H. F. No. 2887, now on the Calendar for the Day, be re-referred
to the Committee on Environment and Natural Resources Policy and Finance.
A roll call was requested and properly
seconded.
The question was taken on the Hansen
motion and the roll was called. There
were 50 yeas and 76 nays as follows:
Those who voted in the affirmative were:
Allen
Becker-Finn
Bernardy
Bly
Carlson, A.
Carlson, L.
Clark
Considine
Dehn, R.
Ecklund
Fischer
Flanagan
Franke
Freiberg
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Johnson, C.
Koegel
Kunesh-Podein
Lee
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Masin
Maye Quade
Moran
Murphy, E.
Murphy, M.
Nelson
Olson
Omar
Pinto
Pryor
Rosenthal
Sandstede
Sauke
Schultz
Slocum
Sundin
Wagenius
Ward
Wills
Youakim
Those who voted in the negative were:
Albright
Anderson, P.
Anderson, S.
Anselmo
Backer
Bahr, C.
Baker
Barr, R.
Bennett
Bliss
Christensen
Daniels
Davids
Dean, M.
Dettmer
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
Munson
Nash
Neu
Newberger
Nornes
O'Driscoll
O'Neill
Pelowski
Peppin
Petersburg
Peterson
Pierson
Poppe
Poston
Pugh
Quam
Rarick
Runbeck
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
West
Whelan
Zerwas
Spk. Daudt
The
motion did not prevail.
ADJOURNMENT
Peppin moved that when the House adjourns
today it adjourn until 3:30 p.m., Monday, April 16, 2018. The motion prevailed.
Peppin moved that the House adjourn. The motion prevailed, and the Speaker
declared the House stands adjourned until 3:30 p.m., Monday, April 16, 2018.
Patrick
D. Murphy, Chief
Clerk, House of Representatives