STATE OF
MINNESOTA
NINETIETH
SESSION - 2018
_____________________
NINETY-NINTH
DAY
Saint Paul, Minnesota, Thursday, May 17, 2018
The House of Representatives convened at
10:00 a.m. and was called to order by Jon Applebaum, Speaker pro tempore.
Prayer was offered by Pastor David
Christensen, Living Word Lutheran Church, Marshall, Minnesota.
The members of the House gave the pledge
of allegiance to the flag of the United States of America.
The roll was called and the following
members were present:
Albright
Allen
Anderson, P.
Anderson, S.
Anselmo
Applebaum
Backer
Bahr, C.
Baker
Barr, R.
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
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
Mariani
Marquart
Masin
Maye Quade
McDonald
Metsa
Miller
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
Vogel
Wagenius
Ward
West
Whelan
Wills
Youakim
Zerwas
Spk. Daudt
A quorum was present.
Becker-Finn and Johnson, S., were excused.
Hoppe was excused until 3:00 p.m.
The Chief Clerk proceeded to read the
Journal of the preceding day. There
being no objection, further reading of the Journal was dispensed with and the
Journal was approved as corrected by the Chief Clerk.
The Speaker assumed the Chair.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The
following House Files were introduced:
Dean, M.; Franson; Zerwas and Albright introduced:
H. F. No. 4519, A bill for an act relating to human services; modifying temporary immediate license suspensions; requiring eligibility verification; directing legislative auditor to conduct a special investigation into child care assistance programs; requiring a report; amending Minnesota Statutes 2016, sections 245A.07, subdivision 2; 256.98, by adding a subdivision; Minnesota Statutes 2017 Supplement, section 256.98, subdivision 8; proposing coding for new law in Minnesota Statutes, chapter 256.
The bill was read for the first time and referred to the Committee on Health and Human Services Reform.
Metsa; Murphy, E.; Schultz; Ecklund and Sandstede introduced:
H. F. No. 4520, A bill for an act relating to capital investment; appropriating money for improvements to the Hoyt Lakes ice arena; 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.
Pinto, Kresha, Flanagan and Loon introduced:
H. F. No. 4521, A bill for an act relating to education; establishing a legislative working group on early childhood programs.
The bill was read for the first time and referred to the Committee on Education Innovation Policy.
Heintzeman; Whelan; Petersburg; Christensen; Vogel; Green; Scott; Pugh; O'Neill; Franson; Miller; Poston; Dettmer; Rarick; Erickson; Grossell; Gruenhagen; Lucero; Johnson, B.; Backer; Lueck; Daniels; Runbeck; Bahr, C., and Drazkowski introduced:
H. F. No. 4522, A bill for an act relating to higher education; reducing appropriations to the University of Minnesota for certain actions; proposing coding for new law in Minnesota Statutes, chapter 137.
The bill was read for the first time and referred to the Committee on Higher Education and Career Readiness Policy and Finance.
Sundin introduced:
H. F. No. 4523, A bill for an act relating to environment; requiring financial assurance for waste tire facilities; proposing coding for new law in Minnesota Statutes, chapter 115A.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy and Finance.
Miller; Poston; Lohmer; Pugh; Whelan; Backer; Green; Bennett; Newberger; Rarick; Lucero; Franson; Bahr, C.; Grossell; Runbeck; Dettmer; Gruenhagen; Anderson, P.; Daniels and Fabian introduced:
H. F. No. 4524, A bill for an act relating to health; prohibiting abortions when a fetal heartbeat is detected; providing penalties; proposing coding for new law in Minnesota Statutes, chapter 145.
The bill was read for the first time and referred to the Committee on Health and Human Services Reform.
Bliss introduced:
H. F. No. 4525, A bill for an act relating to taxation; individual income; providing a subtraction for employer student loan repayment assistance; amending Minnesota Statutes 2016, section 290.0132, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Taxes.
Whelan, Lohmer, Heintzeman, Theis, Miller, Poston, Pugh, O'Neill, Drazkowski, Urdahl, Koznick, Christensen and Scott introduced:
H. F. No. 4526, A bill for an act relating to higher education; prohibiting the Board of Regents of the University of Minnesota from funding fellowships related to abortion training, advocacy, or education; proposing coding for new law in Minnesota Statutes, chapter 137.
The bill was read for the first time and referred to the Committee on Higher Education and Career Readiness Policy and Finance.
Davnie, Wagenius, Lee and Dehn, R., introduced:
H. F. No. 4527, A bill for an act relating to education finance; authorizing a fund transfer for the Minneapolis school district.
The bill was read for the first time and referred to the Committee on Education Finance.
Peppin moved that the House recess
subject to the call of the Chair. The
motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to
order by the Speaker.
REPORTS FROM THE COMMITTEE ON RULES
AND LEGISLATIVE ADMINISTRATION
Peppin for the
Committee on Rules and Legislative Administration offered the following
resolution and moved its adoption:
Be It Resolved, by the House of
Representatives of the State of Minnesota, that the Chief Clerk is directed to
correct and approve the Journal of the House for the last day of the 2018
Regular Session.
Be It Further
Resolved that the Chief Clerk is authorized to include in the Journal for
the last day of the 2018 Regular Session any proceedings, including subsequent
proceedings and any legislative interim committees or commissions created or
appointments made to them by legislative action or by law.
The motion prevailed and the resolution was adopted.
Peppin for the
Committee on Rules and Legislative Administration offered the following
resolution and moved its adoption:
Be It Resolved,
by the House of Representatives of the State of Minnesota, that it retains the
use of parking lots D, N, and the state office building parking ramp for
members and employees of the House of Representatives during the time between
adjournment in 2018 and the convening of the House of Representatives in
2019. The Sergeant at Arms is directed
to manage the use of the lots and ramp while the House of Representatives is
adjourned. The Controller of the House
may continue to deduct from the check of any legislator or legislative employee
a sum adequate to cover the exercise of the parking privilege.
The motion prevailed and the resolution was adopted.
Peppin for the
Committee on Rules and Legislative Administration offered the following
resolution and moved its adoption:
Be It Resolved,
by the House of Representatives of the State of Minnesota, that during the time
between adjournment in 2018 and the convening of the House of Representatives
in 2019, the Chief Clerk and Chief Sergeant at Arms under the direction of the
Speaker shall maintain House facilities in the Capitol Complex. The House chamber, retiring room, hearing and
conference rooms, and offices shall be set up and made ready for legislative
use and
reserved for the House and its committees.
Those rooms may be reserved for use by others that are not in conflict
with use by the House. The House
Chamber, retiring room, and hearing rooms may be used by YMCA Youth in Government,
Girls' State, Young Leaders Organization, and 4-H Leadership Conference.
The motion prevailed and the resolution was adopted.
REPORT FROM THE COMMITTEE ON RULES
AND LEGISLATIVE ADMINISTRATION
Peppin from the Committee on Rules and
Legislative Administration, pursuant to rules 1.21 and 3.33, designated the
following bill to be placed on the Calendar for the Day for Saturday, May 19,
2018 and established a prefiling requirement for amendments offered to the
following bill:
S. F. No. 3463.
CALENDAR FOR THE
DAY
S. F. No. 3326, A bill for
an act relating to legislative enactments; making miscellaneous technical
corrections to laws and statutes; correcting erroneous, obsolete, and omitted
text and references; removing redundant, conflicting, and superseded provisions;
amending Minnesota Statutes 2016, sections 5.36, subdivision 5; 6.80,
subdivision 1; 13.46, subdivision 10; 13.4967, subdivision 2b; 13.6905, by
adding subdivisions; 13.712, by adding a subdivision; 13.7191, by adding a
subdivision; 13.851, by adding a subdivision; 13.871, subdivision 13; 28A.151,
subdivision 5; 62N.40; 97A.475, subdivisions 3a, 4; 103E.011, subdivision 2;
116D.04, subdivision 5a; 116P.09, subdivision 4; 120B.232, subdivision 1a;
122A.14, subdivision 10; 122A.60, subdivision 2; 123A.36, subdivision 9;
123A.46, subdivisions 8, 10; 123A.48, subdivisions 2, 5; 124D.095, subdivision
8; 124D.52, subdivision 4; 125A.0942, subdivision 1; 125A.76, subdivision 1;
126C.10, subdivision 17; 128B.03, subdivision 3a; 144.651, subdivision 2;
144D.01, subdivision 4; 148.911; 152.01, subdivision 22; 152.021, subdivision
2a; 239.791, subdivision 12; 241.021, subdivision 4a; 244.05, subdivision 4;
245.462, subdivision 4; 245.735, subdivision 3; 245A.02, subdivisions 20, 21,
22; 245A.095, subdivision 2; 245A.10, subdivision 4; 245A.1443, subdivision 1;
245A.1444; 245F.02, subdivisions 3, 7; 245F.06, subdivision 2; 245F.15,
subdivision 4; 252.021; 256B.0622, subdivision 7a; 256B.0625, subdivision 16;
256B.69, subdivision 5a; 256C.23, subdivision 1; 256I.03, subdivision 14;
256P.07, subdivision 7; 256R.04, subdivision 7; 268.069, subdivision 1;
268.085, subdivision 2; 268.101, subdivision 1; 268.186, subdivision 1;
290.068; 290.0921, subdivision 4; 290.92, subdivision 19; 290.923, subdivision
8; 290C.12; 290C.13, subdivision 7; 291.03, subdivision 8; 296A.24, subdivision
2; 297A.91, subdivision 2; 297E.16, subdivision 2; 297F.06, subdivision 1;
297F.21, subdivision 3; 297G.20, subdivision 4; 299A.706; 326B.988; 327.665, subdivision 2; 336.9-513; 398.19;
471.16, subdivision 1; 477A.013, subdivision 13; 508A.17, subdivision 1;
518A.39, subdivision 2; 609.11, subdivision 9; 609A.02, subdivision 3;
Minnesota Statutes 2017 Supplement, sections 62I.02, subdivision 5; 84D.03,
subdivision 3; 97C.355, subdivision 2; 120B.12, subdivision 2; 120B.234,
subdivision 2; 122A.09, subdivisions 7, 9; 122A.14, subdivision 1; 122A.40,
subdivision 8; 122A.41, subdivision 5; 124D.68, subdivision 2; 124D.99,
subdivision 4; 124E.11; 136A.653, subdivision 1; 181A.04, subdivision 6; 245G.15,
subdivision 1; 254A.03, subdivision 1; 254B.05, subdivisions 1a, 5; 256B.051,
subdivision 2; 256B.0915, subdivision 1; 256B.0949, subdivision 13; 256B.25,
subdivision 3; 256B.76, subdivision 1; 256B.761; 256C.261; 256D.44, subdivision
2; 256E.30, subdivision 2; 256I.04, subdivision 3; 256N.261, subdivision 1;
260B.050; 270.071, subdivision 7a; 270.074, subdivision 1; 272.02, subdivision
10; 273.372, subdivision 2; 290.01, subdivision 31; 290.067, subdivision 1;
290.081; 291.03, subdivision 11; 297A.71, subdivision 44; 341.25; 477A.011, subdivision 34; 477A.013, subdivision
1; Laws 2017, chapter 94, article 3, section 11; article 6, section 27;
Laws 2017, First Special Session chapter 5, article 11, sections 8, subdivision
1; 10, subdivision 2; repealing Minnesota Statutes 2016, sections 124D.8957,
subdivision 24; 256.9657, subdivision 1c; 256.9692; 290.067, subdivision 2a; 298.402; Laws 2009, chapter 37,
article 3, section 4; Laws 2013, chapter 84, article 1, sections 25; 30;
Laws 2014, chapter 199, sections 18; 19; 20; Laws 2014, chapter 222, article 2,
sections 3; 8; 9; Laws 2014, chapter 286, article 8, section 19.
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 130 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, P.
Anderson, S.
Anselmo
Applebaum
Backer
Bahr, C.
Baker
Barr, R.
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
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
Mariani
Marquart
Masin
Maye Quade
McDonald
Metsa
Miller
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
Vogel
Wagenius
Ward
West
Whelan
Wills
Youakim
Zerwas
Spk. Daudt
The
bill was passed and its title agreed to.
Lohmer was excused for the remainder of
today's session.
The Speaker called Garofalo to the Chair.
H. F. No. 4437, A bill for
an act relating to transportation finance; proposing a constitutional amendment
to the Minnesota Constitution, article XIV, to allocate state general sales tax
revenue related to motor vehicle repair and replacement parts exclusively to
fund roads; making conforming and technical changes; amending Minnesota
Statutes 2017 Supplement, section 297A.94; proposing coding for new law as
Minnesota Statutes, chapter 160A.
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 76 yeas and 54 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, P.
Anderson, S.
Anselmo
Backer
Baker
Barr, R.
Bennett
Bliss
Christensen
Daniels
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
Lesch
Loon
Loonan
Lucero
Lueck
McDonald
Miller
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
Vogel
West
Whelan
Wills
Zerwas
Spk. Daudt
Those who voted in the negative were:
Allen
Applebaum
Bahr, C.
Bernardy
Bly
Carlson, A.
Carlson, L.
Clark
Considine
Davids
Davnie
Dehn, R.
Ecklund
Fischer
Flanagan
Freiberg
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Johnson, C.
Koegel
Kunesh-Podein
Lee
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Maye Quade
Metsa
Moran
Murphy, E.
Murphy, M.
Nelson
Olson
Omar
Pinto
Poppe
Pryor
Rosenthal
Sandstede
Sauke
Schultz
Slocum
Sundin
Wagenius
Ward
Youakim
The
bill was passed and its title agreed to.
Applebaum and Jurgens were excused for the
remainder of today's session.
S. F. No. 3168, A bill for
an act relating to state lands; modifying lease provisions; modifying
requirements of public land sales; providing for certain local land use; adding
to and deleting from state parks and forests; providing for sales and conveyances
of interests in state lands; amending Minnesota Statutes 2016, sections 92.50,
by adding a subdivision; 92.502; 94.10,
subdivision 2; Minnesota Statutes 2017 Supplement, section 89.17; Laws 2015,
chapter 25, section 7; Laws 2017, chapter 93, article 2, section 155,
subdivision 4; proposing coding for new law in Minnesota Statutes, chapter
103F; repealing Laws 2008, chapter 368, article 1, section 21, 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 128 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.
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.
Kiel
Knoblach
Koegel
Koznick
Kresha
Kunesh-Podein
Layman
Lee
Lesch
Liebling
Lien
Lillie
Loeffler
Loon
Loonan
Lucero
Lueck
Mahoney
Mariani
Marquart
Masin
Maye Quade
McDonald
Metsa
Miller
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
Vogel
Wagenius
Ward
West
Whelan
Wills
Youakim
Zerwas
Spk. Daudt
The
bill was passed and its title agreed to.
There being no objection, the order of
business reverted to Reports of Standing Committees and Divisions.
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Peppin from the Committee on Rules and Legislative Administration to which was referred:
S. F. No. 3504, A bill for an act relating to energy; establishing a carbon reduction facility designation for certain large electric generating facilities; proposing coding for new law in Minnesota Statutes, chapter 216B.
Reported the same back with the recommendation that the bill be placed on the General Register.
Joint Rule 2.03 has been waived for any subsequent committee action on this bill.
The
report was adopted.
SECOND READING
OF SENATE BILLS
S. F. No. 3504 was read for
the second time.
MESSAGES
FROM THE SENATE
The
following messages were received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 3873, A bill for an act relating to workers' compensation; adopting recommendations of the Workers' Compensation Advisory Council; modifying workers' compensation provisions; modifying hospital outpatient fee schedules; modifying billing, payment, and dispute resolution; defining ambulatory surgical center payments; modifying covered benefits; amending Minnesota Statutes 2016, sections 175A.05; 176.011, subdivision 15; 176.101, subdivisions 2, 2a, 4; 176.102, subdivision 11; 176.136, subdivision 1b; 176.231, subdivision 9; 176.83, subdivision 5; Minnesota Statutes 2017 Supplement, section 15A.083, subdivision 7; Laws 2017, chapter 94, article 1, section 6; proposing coding for new law in Minnesota Statutes, chapter 176.
Cal R. Ludeman, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
H. F. No. 3759, A bill for an act relating to energy; authorizing the construction and routing of certain pipelines.
Cal R. Ludeman, Secretary of the Senate
CONCURRENCE AND REPASSAGE
Fabian moved that the House concur in the
Senate amendments to H. F. No. 3759 and that the bill be
repassed as amended by the Senate. The
motion prevailed.
H. F. No. 3759, A
bill for an act relating to energy; authorizing the construction and routing of
certain pipelines.
The bill was read for the third time, as
amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 74 yeas and 53 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, P.
Anderson, S.
Anselmo
Backer
Bahr, C.
Baker
Barr, R.
Bennett
Bliss
Christensen
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Fenton
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Hamilton
Heintzeman
Hertaus
Hoppe
Howe
Johnson, B.
Kiel
Knoblach
Koznick
Kresha
Layman
Loon
Loonan
Lucero
Lueck
McDonald
Miller
Munson
Nash
Neu
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Peterson
Pierson
Poston
Pugh
Quam
Rarick
Runbeck
Schomacker
Scott
Smith
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Vogel
West
Whelan
Wills
Zerwas
Spk. Daudt
Those who voted in the negative were:
Allen
Bernardy
Bly
Carlson, A.
Carlson, L.
Clark
Considine
Davnie
Dehn, R.
Ecklund
Fischer
Flanagan
Freiberg
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Jessup
Johnson, C.
Koegel
Kunesh-Podein
Lee
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
Maye Quade
Metsa
Moran
Murphy, E.
Murphy, M.
Nelson
Olson
Omar
Pelowski
Pinto
Poppe
Pryor
Rosenthal
Sandstede
Schultz
Slocum
Sundin
Wagenius
Ward
Youakim
The bill was repassed, as amended by the
Senate, and its title agreed to.
Lee and Mahoney were excused for the
remainder of today's session.
The following Conference Committee Report
was received:
CONFERENCE COMMITTEE REPORT ON H. F. No. 3265
A bill for an act relating to human services; modifying child foster care training requirements; establishing a foster care sibling bill of rights; amending Minnesota Statutes 2016, section 245A.175; proposing coding for new law in Minnesota Statutes, chapter 260C.
May 16, 2018
The Honorable Kurt L. Daudt
Speaker of the House of Representatives
The Honorable Michelle L. Fischbach
President of the Senate
We, the undersigned conferees for H. F. No. 3265 report that we have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendment and that H. F. No. 3265 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2016, section 245A.175, is amended to read:
245A.175
CHILD FOSTER CARE TRAINING REQUIREMENT; MENTAL HEALTH TRAINING; FETAL ALCOHOL
SPECTRUM DISORDERS TRAINING.
Prior to a nonemergency placement of a child in a foster care home, the child foster care license holder and caregivers in foster family and treatment foster care settings, and all staff providing care in foster residence settings must complete two hours of training that addresses the causes, symptoms, and key warning signs of mental health
disorders;
cultural considerations; and effective approaches for dealing with a child's
behaviors. At least one hour of the
annual training requirement for the foster family license holder and
caregivers, and foster residence staff must be on children's mental health
issues and treatment. Except for
providers and services under chapter 245D, the annual training must also
include at least one hour of training on fetal alcohol spectrum
disorders within the first 12 months of licensure. After the first 12 months of licensure,
training on fetal alcohol spectrum disorders may count, which must be
counted toward the 12 hours of required in-service training per year. Short-term substitute caregivers are exempt
from these requirements. Training
curriculum shall be approved by the commissioner of human services.
Sec. 2. Minnesota Statutes 2016, section 256N.24, is amended by adding a subdivision to read:
Subd. 2a. Minnesota
assessment of parenting for children and youth (MAPCY) revision. The commissioner, in consultation with
representatives from communities of color, including but not limited to
advisory councils and ombudspersons, shall review and revise the MAPCY tool and
incorporate changes that take into consideration different cultures and the
diverse needs of communities of color.
Sec. 3. [260C.008]
FOSTER CARE SIBLING BILL OF RIGHTS.
Subdivision 1. Statement
of rights. (a) A child placed
in foster care who has a sibling has the right to:
(1) be placed in foster care homes with
the child's siblings, when possible and when it is in the best interest of each
sibling, in order to sustain family relationships;
(2) be placed in close geographical
distance to the child's siblings, if placement together is not possible, to
facilitate frequent and meaningful contact;
(3) have frequent contact with the
child's siblings in foster care and, whenever possible, with the child's
siblings who are not in foster care, unless the responsible social services
agency has documented that contact is not in the best interest of any sibling. Contact includes, but is not limited to,
telephone calls, text messaging, social media and other Internet use, and video
calls;
(4) annually receive a telephone
number, address, and email address for all siblings in foster care, and
receive updated photographs of siblings regularly, by regular mail or email;
(5) participate in regular face-to-face
visits with the child's siblings in foster care and, whenever possible, with
the child's siblings who are not in foster care. Participation in these visits shall not be
withheld or restricted as a consequence for behavior, and shall only be
restricted if the responsible social services agency documents that the visits
are contrary to the safety or well-being of any sibling. Social workers, parents, foster care
providers, and older children must cooperate to ensure regular visits and must
coordinate dates, times, transportation, and other accommodations as necessary. The timing and regularity of visits shall be
outlined in each sibling's service plan, based on the individual circumstances
and needs of each child. A social worker
need not give explicit permission for each visit or possible overnight visit,
but foster care providers shall communicate with social workers about these
visits;
(6) be actively involved in each
other's lives and share celebrations, if they choose to do so, including but
not limited to birthdays, holidays, graduations, school and extracurricular
activities, cultural customs in the siblings' native language, and other
milestones;
(7) be promptly informed about changes
in sibling placements or circumstances, including but not limited to new
placements, discharge from placements, significant life events, and discharge
from foster care;
(8) be included in permanency planning
decisions for siblings, if appropriate; and
(9)
be informed of the expectations for and possibility of continued contact with a
sibling after an adoption or transfer of permanent physical and legal custody
to a relative.
(b) Adult siblings of children in
foster care shall have the right to be considered as foster care providers,
adoptive parents, and relative custodians for their siblings, if they choose to
do so.
Subd. 2. Interpretation. The rights under this section are
established for the benefit of siblings in foster care. This statement of rights does not replace or
diminish other rights, liberties, and responsibilities that may exist relative
to children in foster care, adult siblings of children in foster care, foster
care providers, parents, relatives, or responsible social services agencies.
Subd. 3. Disclosure. Child welfare agency staff shall
provide a copy of these rights to a child who has a sibling at the time the
child enters foster care, to any adult siblings of a child entering foster
care, if known, and to the foster care provider, in a format specified by the
commissioner of human services. The copy
shall contain the address and telephone number of the Office of Ombudsman for
Families and a brief statement describing how to file a complaint with the
office.
EFFECTIVE DATE. This section is effective for children entering foster care on or after August 1, 2018. Subdivision 3 is effective August 1, 2018, and applies to all children in foster care on that date, regardless of when the child entered foster care."
Delete the title and insert:
"A bill for an act relating to human services; modifying provisions governing MAPCY and child foster care; establishing foster care sibling bill of rights; amending Minnesota Statutes 2016, sections 245A.175; 256N.24, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 260C."
We request the adoption of this report and repassage of the bill.
House Conferees: Ron
Kresha, Peggy Bennett and Laurie
Halverson.
Senate Conferees: Jerry
Relph, Jim Abeler and Melisa Franzen.
Kresha moved that the report of the
Conference Committee on H. F. No. 3265 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
H. F. No. 3265, A
bill for an act relating to human services; modifying child foster care
training requirements; establishing a foster care sibling bill of rights;
amending Minnesota Statutes 2016, section 245A.175; proposing coding for new
law in Minnesota Statutes, chapter 260C.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage
of the bill and the roll was called.
There were 126 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.
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.
Kiel
Knoblach
Koegel
Koznick
Kresha
Kunesh-Podein
Layman
Lesch
Liebling
Lien
Lillie
Loeffler
Loon
Loonan
Lucero
Lueck
Mariani
Marquart
Masin
Maye Quade
McDonald
Metsa
Miller
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
Vogel
Wagenius
Ward
West
Whelan
Wills
Youakim
Zerwas
Spk. Daudt
The bill was repassed, as amended by
Conference, and its title agreed to.
Lillie was excused for the remainder of
today's session.
There being no objection, the order of
business reverted to Reports of Standing Committees and Divisions.
REPORTS OF STANDING
COMMITTEES AND DIVISIONS
O'Driscoll from the Committee on Government Operations and Elections Policy reported on the following appointment which had been referred to the committee by the Speaker:
CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD
MARGARET LEPPIK
Reported the same back without recommendation.
O'Driscoll moved that the report of the Committee on Government Operations and Elections Policy relating to the appointment of Margaret Leppik to the Campaign Finance and Public Disclosure Board be now adopted. The motion prevailed and the report was adopted.
CONFIRMATION
O'Driscoll moved that the House, having advised, do now consent to and confirm the appointment of Margaret Leppik, 7500 Western Avenue, Golden Valley, Minnesota 55427, in the county of Hennepin, effective June 7, 2017, for a term that expires on January 6, 2020. The motion prevailed and the appointment of Margaret Leppik was confirmed by the House.
O'Driscoll from the Committee on Government Operations and Elections Policy reported on the following appointment which had been referred to the committee by the Speaker:
CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD
ROBERT MOILANEN
Reported the same back without recommendation.
O'Driscoll moved that the report of the Committee on Government Operations and Elections Policy relating to the appointment of Robert Moilanen to the Campaign Finance and Public Disclosure Board be now adopted. The motion prevailed and the report was adopted.
CONFIRMATION
O'Driscoll moved that the House, having advised, do now consent to and confirm the appointment of Robert Moilanen, 12920 Woodbridge Trail, Minnetonka, Minnesota 55305, in the county of Hennepin, effective June 7, 2017, for a term that expires on January 7, 2019. The motion prevailed and the appointment of Robert Moilanen was confirmed by the House.
O'Driscoll from the Committee on Government Operations and Elections Policy reported on the following appointment which had been referred to the committee by the Speaker:
CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD
STEPHEN SWANSON
Reported the same back without recommendation.
O'Driscoll moved that the report of the Committee on Government Operations and Elections Policy relating to the appointment of Stephen Swanson to the Campaign Finance and Public Disclosure Board be now adopted. The motion prevailed and the report was adopted.
CONFIRMATION
O'Driscoll moved that the House, having advised, do now consent to and confirm the appointment of Stephen Swanson, 100 2nd Street Southeast, #105, Minneapolis, Minnesota 55414, in the county of Hennepin, effective July 1, 2017, for a term that expires on January 6, 2020. The motion prevailed and the appointment of Stephen Swanson was confirmed by the House.
O'Driscoll from the Committee on Government Operations and Elections Policy reported on the following appointment which had been referred to the committee by the Speaker:
CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD
GARY HAUGEN
Reported the same back without recommendation.
O'Driscoll moved that the report of the Committee on Government Operations and Elections Policy relating to the appointment of Gary Haugen to the Campaign Finance and Public Disclosure Board be now adopted. The motion prevailed and the report was adopted.
CONFIRMATION
O'Driscoll moved that the House, having advised, do now consent to and confirm the appointment of Gary Haugen, 6208 Braeburn Circle, Edina, Minnesota 55439, in the county of Hennepin, effective September 16, 2017, for a term that expires on January 4, 2021. The motion prevailed and the appointment of Gary Haugen was confirmed by the House.
O'Driscoll from the Committee on Government Operations and Elections Policy reported on the following appointment which had been referred to the committee by the Speaker:
CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD
DANIEL ROSEN
Reported the same back without recommendation.
O'Driscoll moved that the report of the Committee on Government Operations and Elections Policy relating to the appointment of Daniel Rosen to the Campaign Finance and Public Disclosure Board be now adopted. The motion prevailed and the report was adopted.
CONFIRMATION
O'Driscoll moved that the House, having advised, do now consent to and confirm the appointment of Daniel Rosen, 60 South 6th Street, Suite 3615, Minneapolis, Minnesota 55402, in the county of Hennepin, effective January 2, 2018, for a term that expires on January 3, 2022. The motion prevailed and the appointment of Daniel Rosen was confirmed by the House.
MOTIONS
AND RESOLUTIONS
Grossell moved that the name of Maye Quade
be added as an author on H. F. No. 1481. The motion prevailed.
Bly moved that the name of Moran be added
as an author on H. F. No. 2913.
The motion prevailed.
Uglem moved that the names of West and
Carlson, L., be added as authors on H. F. No. 3921. The motion prevailed.
Neu moved that the name of Pugh be added
as an author on H. F. No. 3923.
The motion prevailed.
Franke moved that the name of Bennett be
added as an author on H. F. No. 3945. The motion prevailed.
Bennett moved that the names of Pugh and
Bahr, C., be added as authors on H. F. No. 4509. The motion prevailed.
Hansen moved that the names of Mariani;
Lillie; Pinto; Dehn, R.; Koegel; Lee; Metsa and Lesch be added as authors on
H. F. No. 4510. The
motion prevailed.
Dehn, R., moved that the name of Clark be
added as an author on H. F. No. 4511. The motion prevailed.
Murphy, M., moved that the names of
Mariani and Masin be added as authors on H. F. No. 4515. The motion prevailed.
Sundin moved that the name of Clark be
added as an author on H. F. No. 4516. The motion prevailed.
Sandstede moved that the name of Clark be
added as an author on H. F. No. 4518. The motion prevailed.
Johnson,
B., and Hilstrom introduced:
House Resolution No. 9, A
House resolution recognizing the week of May 14, 2018, as Police Week and
May 15, 2018, as Peace Officers Memorial Day.
The resolution was referred to the
Committee on Rules and Legislative Administration.
ADJOURNMENT
Kresha moved that when the House adjourns
today it adjourn until 10:00 a.m., Friday, May 18, 2018. The motion prevailed.
Kresha moved that the House adjourn. The motion prevailed, and Speaker pro tempore
Garofalo declared the House stands adjourned until 10:00 a.m., Friday, May 18,
2018.
Patrick D. Murphy,
Chief Clerk, House of Representatives