STATE OF
MINNESOTA
NINETY-FIRST
SESSION - 2020
_____________________
SEVENTY-THIRD
DAY
Saint Paul, Minnesota, Wednesday, March 11, 2020
The House of Representatives convened at
12:00 noon and was called to order by Melissa Hortman, Speaker of the House.
Prayer was offered by Major Nancy Mead,
The Salvation Army Northern Divisional Headquarters, St. Paul, Minnesota.
The members of the House gave the pledge
of allegiance to the flag of the United States of America.
The roll was called and the following
members were present:
Acomb
Albright
Anderson
Backer
Bahner
Bahr
Baker
Becker-Finn
Bennett
Bernardy
Bierman
Boe
Brand
Cantrell
Carlson, A.
Carlson, L.
Christensen
Claflin
Considine
Daniels
Daudt
Davids
Davnie
Dehn
Demuth
Dettmer
Drazkowski
Ecklund
Edelson
Elkins
Erickson
Fabian
Fischer
Franson
Freiberg
Garofalo
Gomez
Green
Grossell
Gruenhagen
Gunther
Haley
Halverson
Hamilton
Hansen
Hassan
Hausman
Heintzeman
Her
Hertaus
Hornstein
Howard
Huot
Johnson
Jordan
Jurgens
Kiel
Klevorn
Koegel
Kotyza-Witthuhn
Koznick
Kresha
Kunesh-Podein
Layman
Lee
Lesch
Lien
Lillie
Lippert
Lislegard
Long
Lucero
Lueck
Mahoney
Mann
Mariani
Marquart
Masin
Mekeland
Miller
Moller
Moran
Morrison
Munson
Murphy
Nelson, M.
Nelson, N.
Neu
Noor
Nornes
Novotny
O'Driscoll
Olson
O'Neill
Pelowski
Persell
Petersburg
Pierson
Pinto
Poppe
Poston
Pryor
Quam
Richardson
Robbins
Runbeck
Sandell
Sandstede
Sauke
Schultz
Scott
Stephenson
Sundin
Swedzinski
Tabke
Theis
Torkelson
Urdahl
Vang
Vogel
Wagenius
Wazlawik
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
A quorum was present.
Heinrich, Liebling, McDonald, Nash,
Schomacker and West 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.
PETITIONS
AND COMMUNICATIONS
The following communication was received:
STATE OF MINNESOTA
OFFICE OF THE SECRETARY OF STATE
ST. PAUL 55155
The Honorable Melissa Hortman
Speaker of the House of
Representatives
The Honorable Jeremy R. Miller
President of the Senate
I have the honor to inform you that the
following enrolled Act of the 2020 Session of the State Legislature has been
received from the Office of the Governor and is deposited in the Office of the
Secretary of State for preservation, pursuant to the State Constitution,
Article IV, Section 23:
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2020 |
Date Filed 2020 |
3813 66 11:56 p.m. March 10 March
10
Sincerely,
Steve
Simon
Secretary
of State
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Carlson, L., from the Committee on Ways and Means to which was referred:
H. F. No. 1, A bill for an act relating to early childhood; creating additional funding and opportunities for children ages birth to three; governing certain programs and funding for prenatal care services, home visiting, early childhood education, and child care assistance; appropriating money; amending Minnesota Statutes 2018, sections 119B.13, subdivision 1; 124D.151, subdivision 6; 126C.05, subdivision 1; 145.928, subdivisions 1, 7; Laws 2017, First Special Session chapter 5, article 8, section 8; proposing coding for new law in Minnesota Statutes, chapters 16A; 145.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE 1
HOME VISITING
Section 1.
[145.87] HOME VISITING FOR
PREGNANT WOMEN AND FAMILIES WITH YOUNG CHILDREN.
Subdivision 1. Definitions. (a) The terms defined in this
subdivision apply to this section and have the meanings given them.
(b) "Evidence-based home visiting
program" means a program that:
(1) is based on a clear, consistent
program or model that is research-based and grounded in relevant, empirically
based knowledge;
(2) is linked to program-determined
outcomes and is associated with a national organization, institution of higher
education, or national or state public health institute;
(3) has comprehensive home visitation
standards that ensure high-quality service delivery and continuous quality
improvement;
(4) has demonstrated significant,
sustained positive outcomes; and
(5) either:
(i) has been evaluated using rigorous,
randomized controlled research designs with the evaluations published in a
peer-reviewed journal; or
(ii) is based on quasi-experimental
research using two or more separate, comparable client samples.
(c) "Evidence-informed home
visiting program" means a program that:
(1) has data or evidence demonstrating
the program's effectiveness at achieving positive outcomes for pregnant women
and young children; and
(2) either:
(i) has an active evaluation of the program;
or
(ii) has a plan and timeline for an
active evaluation of the program to be conducted.
(d) "Health equity" means
every individual has a fair opportunity to attain the individual's full health
potential and no individual is prevented from achieving this potential.
Subd. 2. Grants
for home visiting programs. The
commissioner shall award grants to community health boards, nonprofit
organizations, and tribal nations to start up or expand voluntary home visiting
programs serving pregnant women and families with young children. Home visiting programs supported under this
section shall provide voluntary home visits by early childhood professionals or
health professionals, including nurses, social workers, early childhood
educators, or trained paraprofessionals.
Grant funds shall be used to:
(1)
start up or expand evidence-based home visiting programs that address health
equity or evidence-informed home visiting programs that address health equity;
and
(2) serve families with young children
or pregnant women who are high risk or have high needs. For purposes of this clause, high risk
includes but is not limited to a family with low income or a parent or pregnant
woman with mental illness or a substance use disorder or experiencing domestic
abuse.
Subd. 3. Grant
prioritization. (a) In
awarding grants, the commissioner shall give priority to community health
boards, nonprofit organizations, and tribal nations seeking to expand home
visiting services with community or regional partnerships.
(b) The commissioner shall allocate at
least 75 percent of the grant funds awarded each grant cycle to evidence‑based
home visiting programs that address health equity and up to 25 percent of the
grant funds awarded each grant cycle to evidence-informed home visiting
programs that address health equity.
Subd. 4. No
supplanting of existing funds. Funding
awarded under this section shall only be used to supplement, and not to
replace, funds being used for evidence-based home visiting programs or
evidence-informed home visiting programs.
Subd. 5. Administrative
costs. The commissioner may
use up to ten percent of the annual appropriation under this section to provide
training and technical assistance and to administer and evaluate the program. The commissioner may contract for training,
capacity-building support for grantees or potential grantees, technical
assistance, and evaluation support.
Subd. 6. Use
of state general fund appropriations.
Appropriations dedicated to starting up or expanding evidence-based
home visiting programs shall, for grants awarded on or after July 1, 2020, be
awarded according to this section. This
section shall not govern grant awards of federal funds for home visiting
programs and shall not govern grant awards using state general fund
appropriations dedicated to starting up or expanding nurse-family partnership
home visiting programs.
Sec. 2. APPROPRIATION;
HOME VISITING GRANTS.
$30,000,000 in fiscal year 2021 is
appropriated from the general fund to the commissioner of health for grants for
home visiting programs under Minnesota Statutes, section 145.87. This appropriation is available until June
30, 2022. This is a onetime
appropriation.
ARTICLE 2
EARLY LEARNING AND CARE
Section 1. Minnesota Statutes 2018, section 124D.142, is amended to read:
124D.142
QUALITY RATING AND IMPROVEMENT SYSTEM.
Subdivision 1. System
established. (a) There is
established a quality rating and improvement system (QRIS) framework,
known as Parent Aware, to ensure that Minnesota's children have access to
high-quality early learning and care programs in a range of settings so that
they are fully ready for kindergarten by 2020. Creation of a.
Subd. 2. System components. The standards-based voluntary quality rating and improvement system includes:
(1) quality opportunities in order to
improve the educational outcomes of children so that they are ready for school. The;
(2)
a framework shall be based on the Minnesota quality rating system
rating tool and a common set of child outcome and program standards and
informed by evaluation results;
(2) (3) a tool to increase
the number of publicly funded and regulated early learning and care services in
both public and private market programs that are high quality.;
(4) voluntary participation so that
if a program or provider chooses to participate, the program or provider will
be rated and may receive public funding associated with the rating. The state shall develop a plan to link future
early learning and care state funding to the framework in a manner that
complies with federal requirements; and
(3) (5) tracking progress
toward statewide access to high-quality early learning and care programs,
progress toward the number of low-income children whose parents can access
quality programs, and progress toward increasing the number of children who are
fully prepared to enter kindergarten.
(b) In planning a statewide quality
rating and improvement system framework in paragraph (a), the state shall use
evaluation results of the Minnesota quality rating system rating tool in use in
fiscal year 2008 to recommend:
(1) a framework of a common set of
child outcome and program standards for a voluntary statewide quality rating
and improvement system;
(2) a plan to link future funding to
the framework described in paragraph (a), clause (2); and
(3) a plan for how the state will
realign existing state and federal administrative resources to implement the
voluntary quality rating and improvement system framework. The state shall provide the recommendation in
this paragraph to the early childhood education finance committees of the
legislature by March 15, 2011.
(c) Prior to the creation of a
statewide quality rating and improvement system in paragraph (a), the state
shall employ the Minnesota quality rating system rating tool in use in fiscal
year 2008 in the original Minnesota Early Learning Foundation pilot areas and
additional pilot areas supported by private or public funds with its
modification as a result of the evaluation results of the pilot project.
Subd. 3. Evaluation. (a) By February 1, 2021, the
commissioner of human services must arrange an independent evaluation of the
quality rating and improvement system's effectiveness and impact on:
(1) children's progress toward school
readiness;
(2) quality of the early care and
education system supply and workforce; and
(3) parents' ability to access and use
meaningful information about early care and education program quality.
(b) The evaluation must be performed by
a staff member from another agency or consultant. An evaluator must have experience in program
evaluation and must not be regularly involved in implementation of the quality
rating and improvement system.
(c) The evaluation findings, along with
the commissioner's recommendations for revisions, potential future evaluations,
and plans for continuous improvement, must be reported to the chairs and
ranking members of the legislative committees with jurisdiction over early
learning and child care by December 31, 2023.
(d) At a minimum, the evaluation must:
(1) analyze effectiveness of the
quality rating and improvement system, including but not limited to review of:
(i)
whether quality indicators and measures used in the quality rating and
improvement system are consistent with evidence and research findings on early
care and education program quality; and
(ii) patterns or differences in
observed quality of participating early care and education programs in
comparison to programs at other quality rating and improvement system star
rating levels and accounting for other factors;
(2) perform evidence-based assessments
of children's developmental gains in ways that are appropriate for children's
linguistic and cultural backgrounds and are aligned to the state early
childhood indicators of progress;
(3) analyze the extent to which
differences in developmental gains among children correspond to the star
ratings of the early care and education programs, providing disaggregated
findings by:
(i) children's demographic factors,
including geographic area, family income level, and racial and ethnic groups;
(ii) type of provider, including family
child care provider, child care center, Head Start, and school-based early
childhood provider; and
(iii) any other categories identified
by the commissioner, in consultation with the commissioners of health and
education or entity performing the evaluation;
(4) analyze accessibility for providers
to participate in the quality rating and improvement system, including ease of
application and supports for a provider to receive or improve a rating, and
provide disaggregated findings by geographic area and type of provider,
including family child care provider, child care center, Head Start, and school‑based
early childhood provider; and
(5) analyze the availability of
providers participating in the quality rating and improvement system to
families, and provide disaggregated findings by geographic area and type of
provider, including family child care provider, child care center, Head Start
and Early Head Start, and school-based early childhood provider.
Sec. 2. Minnesota Statutes 2019 Supplement, section 124D.151, subdivision 6, is amended to read:
Subd. 6. Participation limits. (a) Notwithstanding section 126C.05, subdivision 1, paragraph (d), the pupil units for a voluntary prekindergarten program for an eligible school district or charter school must not exceed 60 percent of the kindergarten pupil units for that school district or charter school under section 126C.05, subdivision 1, paragraph (e).
(b) In reviewing applications under
subdivision 5, the commissioner must limit the total number of participants in the voluntary prekindergarten and school
readiness plus programs under Laws 2017, First Special Session chapter 5,
article 8, section 9, to not more than 7,160 participants for per
fiscal years 2019, 2020, and 2021, and 3,160 participants for fiscal years
2022 and later year.
Sec. 3. Minnesota Statutes 2018, section 124D.162, is amended to read:
124D.162
KINDERGARTEN READINESS ASSESSMENT.
Subdivision 1. Implementation. (a) The commissioner of education may
must implement a kindergarten readiness assessment representative
of incoming kindergartners. to:
(1) identify preparedness of a child
for success in school;
(2) inform instructional
decision-making;
(3)
improve understanding of connections between kindergarten readiness and later
academic achievement; and
(4) produce data that can assist in
evaluation of the effectiveness of early childhood programs.
(b) The commissioner must provide
districts and charter schools with a process for measuring the kindergarten
readiness of incoming kindergartners on a comparable basis. The commissioner must approve one or more
measurement tools for district and charter school use.
Subd. 2. Assessment
development. The measurement
tools used for assessment must be based on the Department of Education
Kindergarten Readiness Assessment at kindergarten entrance study research
based, developmentally appropriate, valid and reliable, and aligned to the
state early childhood indicators of progress and kindergarten academic
standards.
Subd. 3. Reporting. Beginning in the 2021-2022 school
year, every district and charter school must use the commissioner-provided
process. Every district and charter
school must annually report kindergarten readiness results under this section
to the department in the form and manner determined by the commissioner
concurrent with the district's and charter school's world's best workforce
report under section 120B.11. The
commissioner must publicly report kindergarten readiness results as part of the
performance reports required under section 120B.36 and consistent with section
120B.35, subdivision 3, paragraph (a), clause (2).
Subd. 4. Longitudinal
data system. Beginning with
data reported on incoming kindergartners in the 2021‑2022 school year,
the commissioner must integrate kindergarten readiness data under this section
into statewide longitudinal educational data systems.
Sec. 4. Minnesota Statutes 2018, section 124D.165, subdivision 2, is amended to read:
Subd. 2. Family eligibility. (a) For a family to receive an early learning scholarship, parents or guardians must meet the following eligibility requirements:
(1) have an eligible child; and
(2) have income equal to or less than 185 percent of federal poverty level income in the current calendar year, or be able to document their child's current participation in the free and reduced-price lunch program or Child and Adult Care Food Program, National School Lunch Act, United States Code, title 42, sections 1751 and 1766; the Food Distribution Program on Indian Reservations, Food and Nutrition Act, United States Code, title 7, sections 2011-2036; Head Start under the federal Improving Head Start for School Readiness Act of 2007; Minnesota family investment program under chapter 256J; child care assistance programs under chapter 119B; the supplemental nutrition assistance program; or placement in foster care under section 260C.212.
(b) An "eligible child" means a child who has not yet enrolled in kindergarten and is:
(1) at least from birth through
three but not yet five years of age on September 1 of the current school
year;
(2) a sibling from birth to through
age five four of a child who has been awarded a scholarship under
this section provided the sibling attends the same program as long as funds are
available;
(3) the child of a parent under age 21 who
is pursuing a high school degree or a course of study for a high school
equivalency test; or
(4) homeless, in foster care, or in need of child protective services; or
(5) a child not yet five years of age on September 1 of the current school year participating in a program with a designated number of scholarship seats under subdivision 3, paragraph (c).
(c) Notwithstanding the age requirements under paragraph (b), a child who has received a scholarship under this section must continue to receive a scholarship each year until that child is eligible for kindergarten under section 120A.20 and as long as funds are available.
(d) Early learning scholarships may not be counted as earned income for the purposes of medical assistance under chapter 256B, MinnesotaCare under chapter 256L, Minnesota family investment program under chapter 256J, child care assistance programs under chapter 119B, or Head Start under the federal Improving Head Start for School Readiness Act of 2007.
(e) A child from an adjoining state whose family resides at a Minnesota address as assigned by the United States Postal Service, who has received developmental screening under sections 121A.16 to 121A.19, who intends to enroll in a Minnesota school district, and whose family meets the criteria of paragraph (a) is eligible for an early learning scholarship under this section.
Sec. 5. Minnesota Statutes 2018, section 124D.165, subdivision 4, is amended to read:
Subd. 4. Early childhood program eligibility. (a) In order to be eligible to accept an early learning scholarship, a program must:
(1) participate in the quality rating and improvement system under section 124D.142; and
(2) beginning July 1, 2020 when
40 percent of programs eligible for rating under section 124D.142 have received
ratings, have a three- or four-star rating in the quality rating and
improvement system.
(b) Any program accepting scholarships must use the revenue to supplement and not supplant federal funding.
(c) Notwithstanding paragraph (a), all Minnesota early learning foundation scholarship program pilot sites are eligible to accept an early learning scholarship under this section.
Sec. 6. Minnesota Statutes 2019 Supplement, section 126C.05, subdivision 1, is amended to read:
Subdivision 1. Pupil unit. Pupil units for each Minnesota resident pupil under the age of 21 or who meets the requirements of section 120A.20, subdivision 1, paragraph (c), in average daily membership enrolled in the district of residence, in another district under sections 123A.05 to 123A.08, 124D.03, 124D.08, or 124D.68; in a charter school under chapter 124E; or for whom the resident district pays tuition under section 123A.18, 123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88, subdivision 4, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or 125A.65, shall be counted according to this subdivision.
(a) A prekindergarten pupil with a disability who is enrolled in a program approved by the commissioner and has an individualized education program is counted as the ratio of the number of hours of assessment and education service to 825 times 1.0 with a minimum average daily membership of 0.28, but not more than 1.0 pupil unit.
(b) A prekindergarten pupil who is assessed but determined not to be disabled is counted as the ratio of the number of hours of assessment service to 825 times 1.0.
(c) A kindergarten pupil with a disability who is enrolled in a program approved by the commissioner is counted as the ratio of the number of hours of assessment and education services required in the fiscal year by the pupil's individualized education program to 875, but not more than one.
(d) A prekindergarten pupil who is not included in paragraph (a) or (b) and is enrolled in an approved voluntary prekindergarten program under section 124D.151 is counted as the ratio of the number of hours of instruction to 850 times 1.0, but not more than 0.6 pupil units.
(e) A kindergarten pupil who is not included in paragraph (c) is counted as 1.0 pupil unit if the pupil is enrolled in a free all-day, every day kindergarten program available to all kindergarten pupils at the pupil's school that meets the minimum hours requirement in section 120A.41, or is counted as .55 pupil unit, if the pupil is not enrolled in a free all-day, every day kindergarten program available to all kindergarten pupils at the pupil's school.
(f) A pupil who is in any of grades 1 to 6 is counted as 1.0 pupil unit.
(g) A pupil who is in any of grades 7 to 12 is counted as 1.2 pupil units.
(h) A pupil who is in the postsecondary enrollment options program is counted as 1.2 pupil units.
(i) For fiscal years 2018 through 2021,
A prekindergarten pupil who:
(1) is not included in paragraph (a), (b), or (d);
(2) is enrolled in a school readiness plus program under Laws 2017, First Special Session chapter 5, article 8, section 9; and
(3) has one or more of the risk factors specified by the eligibility requirements for a school readiness plus program,
is counted as the ratio of the number of hours of instruction to 850 times 1.0, but not more than 0.6 pupil units. A pupil qualifying under this paragraph must be counted in the same manner as a voluntary prekindergarten student for all general education and other school funding formulas.
Sec. 7. Laws 2019, First Special Session chapter 11, article 8, section 13, subdivision 3, is amended to read:
Subd. 3. Early learning scholarships. (a) For the early learning scholarship program under Minnesota Statutes, section 124D.165:
|
$75,209,000 |
. . . . . |
2020 |
|
$ |
. . . . . |
2021 |
(b) This appropriation is subject to the requirements under Minnesota Statutes, section 124D.165, subdivision 6.
(c) The base for each of fiscal years
2022 and 2023 is $70,709,000.
Sec. 8. Laws 2019, First Special Session chapter 11, article 8, section 13, subdivision 8, is amended to read:
Subd. 8. Kindergarten
entrance readiness assessment initiative and intervention
program. For the kindergarten entrance
readiness assessment initiative and intervention program under
Minnesota Statutes, section 124D.162:
|
|
$281,000 |
. . . . . |
2020 |
|
|
$ |
. . . . . |
2021 |
The base for each of fiscal years 2022
and 2023 is $2,000,000.
Sec. 9. Laws 2019, First Special Session chapter 11, article 8, section 13, subdivision 9, is amended to read:
Subd. 9. Quality rating and improvement system. (a) For transfer to the commissioner of human services for the purposes of expanding the quality rating and improvement system under Minnesota Statutes, section 124D.142, in greater Minnesota and increasing supports for providers participating in the quality rating and improvement system:
|
|
$1,750,000 |
. . . . . |
2020 |
|
|
$ |
. . . . . |
2021 |
(b) The amounts in paragraph (a) must be in addition to any federal funding under the child care and development block grant authorized under Public Law 101-508 in that year for the system under Minnesota Statutes, section 124D.142.
(c) Any balance in the first year does not cancel but is available in the second year.
(d) The base for each of fiscal years
2022 and 2023 is $1,750,000.
(e) The onetime, supplemental funds
appropriated in fiscal year 2021 are for the purposes of the quality rating and
improvement system's evaluation, and remain available until June 30, 2023.
Sec. 10. FAMILY
CHILD CARE REGULATION MODERNIZATION.
(a) The commissioner of human services
shall contract with an experienced and independent organization or individual
consultant to conduct the work outlined in this section. If practicable, the commissioner must
contract with the National Association for Regulatory Administration.
(b) The consultant must develop a
proposal for a risk-based model for monitoring compliance with family child
care licensing standards, grounded in national regulatory best practices. Violations in the new model must be weighted
to reflect the potential risk they pose to children's health and safety, and
licensing sanctions must be tied to the potential risk. The proposed new model must protect the
health and safety of children in family child care programs and be child
centered, family friendly, and fair to providers.
(c) The consultant shall develop and
implement a stakeholder engagement process that solicits input from parents,
licensed family child care providers, county licensors, staff of the Department
of Human Services, and experts in child development about appropriate licensing
standards, appropriate tiers for violations of the standards, based on the
potential risk of harm that each violation poses, and appropriate licensing
sanctions for each tier.
(d) The consultant shall solicit input
from parents, licensed family child care providers, county licensors, and staff
of the Department of Human Services about which family child care providers
should be eligible for abbreviated inspections that predict compliance with
other licensing standards for licensed family child care providers using key
indicators previously identified using an empirically based statistical
methodology developed by the National Association for Regulatory Administration
and the Research Institute for Key Indicators.
(e) No later than February 1, 2023, the
commissioner shall submit a report and proposed legislation required to
implement the new licensing model to the chairs and ranking minority members of
the legislative committees with jurisdiction over child care regulation.
Sec. 11. APPROPRIATION;
FAMILY CHILD CARE REGULATION MODERNIZATION.
$1,500,000 in fiscal year 2021 is
appropriated from the general fund to the commissioner of human services for
the family child care regulation modernization project under section 10. This is a onetime appropriation and remains
available until June 30, 2023.
ARTICLE 3
CHILD CARE AVAILABILITY
Section 1. Minnesota Statutes 2018, section 119B.13, subdivision 1, is amended to read:
Subdivision 1. Subsidy
restrictions. (a) Beginning
February 3, 2014, The maximum rate paid for child care assistance in any
county or county price cluster under the child care fund shall be the
greater of the 25th percentile of the 2011 child care provider rate survey or
the maximum rate effective November 28, 2011.:
(1) for family child care, the 25th
percentile of the market rate in the county or county price cluster with the
highest cost 25th percentile for family child care in the most recent child
care provider rate survey under section 119B.02, subdivision 7; and
(2) for child care centers, the 25th
percentile of the market rate in the most recent child care provider rate
survey under section 119B.02, subdivision 7. For a child care provider center
located within the boundaries of a city located in two or more of the counties
of Benton, Sherburne, and Stearns, the maximum rate paid for child care
assistance shall be equal to the maximum rate paid in the county with the
highest maximum reimbursement rates or the provider's charge, whichever is
less.
(b) The commissioner may: (1) assign a county with no reported provider prices to a similar price cluster; and (2) consider county level access when determining final price clusters under section 119B.02, subdivision 7.
(b) (c) A rate which includes
a special needs rate paid under subdivision 3 may be in excess of the maximum
rate allowed under this subdivision.
(c) (d) The department shall
monitor the effect of this paragraph on provider rates. The county shall pay the provider's full
charges for every child in care up to the maximum established. The commissioner shall determine the maximum
rate for each type of care on an hourly, full-day, and weekly basis, including
special needs and disability care.
(d) (e) If a child uses one
provider, the maximum payment for one day of care must not exceed the daily
rate. The maximum payment for one week
of care must not exceed the weekly rate.
(e) (f) If a child uses two
providers under section 119B.097, the maximum payment must not exceed:
(1) the daily rate for one day of care;
(2) the weekly rate for one week of care by the child's primary provider; and
(3) two daily rates during two weeks of care by a child's secondary provider.
(f) (g) Child care providers
receiving reimbursement under this chapter must not be paid activity fees or an
additional amount above the maximum rates for care provided during nonstandard
hours for families receiving assistance.
(g) (h) If the provider charge is greater than the maximum provider rate allowed, the parent is responsible for payment of the difference in the rates in addition to any family co-payment fee.
(h) (i) All maximum provider
rates changes shall be implemented on the Monday following the effective date of
the maximum provider rate.
(i)
Notwithstanding Minnesota Rules, part 3400.0130, subpart 7, maximum
registration fees in effect on January 1, 2013, shall remain in effect.
(j) The maximum registration fee paid for child care assistance in any
county or county price cluster under the child care fund must be the greater
of:
(1) the 25th percentile of the market rate
in the county or county price cluster with the highest cost 25th percentile
in the most recent child care provider rate survey under section 119B.02,
subdivision 7; or
(2) the registration fee in effect at the
time of the update.
(k) A maximum registration fee must be set
for licensed family child care and for child care centers.
Sec. 2. [119B.195]
RETAINING EARLY EDUCATORS THROUGH ATTAINING INCENTIVES NOW (REETAIN) GRANT
PROGRAM.
Subdivision 1. Establishment;
purpose. The retaining early
educators through attaining incentives now (REETAIN) grant program is
established to provide competitive grants to incentivize well-trained child
care professionals to stay in the workforce to create more consistent care for
children over time.
Subd. 2. Administration. The commissioner shall administer the
REETAIN grant program through a grant to a nonprofit organization with
demonstrated ability to manage benefit programs for child care professionals. Up to ten percent of grant funds may be used
for administration of the grant program.
Subd. 3. Application. An applicant must apply for the grant
program using the forms and according to the timelines established by the
commissioner.
Subd. 4. Eligibility. (a) To be eligible for a grant, an
applicant must:
(1) be licensed to provide child care or
work for a licensed child care program;
(2) work directly with children at least
30 hours per week;
(3) work in their current position for
at least 12 months;
(4) agree to stay in their current
position for at least 12 months upon receiving a grant under this section;
(5) have a career lattice step of six or
higher;
(6) have a current membership with the
Minnesota quality improvement and registry tool; and
(7) meet any other requirements
determined by the commissioner.
(b) Grant recipients must sign a
contract agreeing to remain in their current position for at least 12 months.
Subd. 5. Grant
awards. To the extent funding
is available, a child care professional's annual amount for the REETAIN grant
must not exceed an amount determined by the commissioner. A child care professional must apply each
year to compete for an award and may receive up to one award per year. Grant funds may be used for program supplies,
training, or personal expenses.
Subd. 6. Report. Beginning January 1, 2022, and each
year thereafter, the commissioner must report annually to the legislative
committees with jurisdiction over child care on the number of grants awarded
and outcomes of the grant program.
Sec. 3. Minnesota Statutes 2018, section 136A.128, subdivision 2, is amended to read:
Subd. 2. Program components. (a) The nonprofit organization must use the grant for:
(1) tuition scholarships up to $5,000
$10,000 per year for courses leading to the nationally recognized child
development associate credential or college-level courses leading to an
associate's degree or bachelor's degree in early childhood development
and school-age care; and
(2) education incentives of a minimum of $100
$250 to participants in the tuition scholarship program if they complete
a year of working in the early care and education field.
(b) Applicants for the scholarship must be
employed by a licensed early childhood or child care program and working
directly with children, a licensed family child care provider, employed by a
public prekindergarten program, or an employee in a school-age program
exempt from licensing under section 245A.03, subdivision 2, paragraph (a),
clause (12). Lower wage earners must be
given priority in awarding the tuition scholarships. Scholarship recipients must contribute at
least ten percent of the total scholarship and must be sponsored by their
employers, who must also contribute ten at least five percent of
the total scholarship. Scholarship
recipients who are self-employed must contribute 20 percent of the total
scholarship.
Sec. 4. Minnesota Statutes 2018, section 136A.128, subdivision 4, is amended to read:
Subd. 4. Administration. A nonprofit organization that receives a
grant under this section may use five ten percent of the grant
amount to administer the program.
Sec. 5. FAMILY,
FRIEND, AND NEIGHBOR GRANT PROGRAM.
Subdivision 1. Establishment. A family, friend, and neighbor (FFN)
grant program is established to promote children's social emotional learning
and healthy development, early literacy, and school readiness, and to foster
community partnerships to promote children's school readiness. The commissioner of health must make grants
available to fund:
(1) community health boards, local or
regional libraries, community-based organizations, nonprofit organizations, and
Indian tribes working with FFN caregivers under subdivision 2; and
(2) community-based partnerships to
implement early literacy programs under subdivision 3.
The commissioner must attempt to ensure that grants under
subdivisions 2 and 3 are made in all areas of the state.
Subd. 2. Grants
to work with FFN caregivers. (a)
Grants awarded by the commissioner under this paragraph may be used by
community health boards, local or regional libraries, community-based
organizations, nonprofit organizations, and Indian tribes working with FFN
caregivers in local communities, cultural communities, and Indian tribes to:
(1) provide training, support, and
resources to FFN caregivers in order to improve and promote children's health,
safety, nutrition, and school readiness;
(2)
connect FFN caregivers and children's families with appropriate community
resources that support the families' physical and mental health, and economic
and developmental needs;
(3) connect FFN caregivers and
children's families to early childhood screening programs and facilitate
referrals where appropriate;
(4) provide FFN caregivers and
children's families with information about early learning guidelines from the
Departments of Human Services and Education;
(5) provide FFN caregivers and
children's families with information about becoming a licensed family child
care provider; and
(6) provide FFN caregivers and
children's families with information about early learning allowances and
enrollment opportunities in high-quality, community-based child care and
preschool programs.
(b) Grants that the commissioner awards
under paragraph (a) also may be used for:
(1) social emotional learning, health
and safety, and early learning kits for FFN caregivers;
(2) play and learn groups with FFN
caregivers;
(3) culturally appropriate early
childhood training for FFN caregivers;
(4) transportation for FFN caregivers
and children's families to school readiness and other early childhood training
activities;
(5) other activities that promote
school readiness;
(6) data collection and evaluation;
(7) staff outreach and outreach
activities;
(8) translation needs; and
(9) administrative costs that equal up
to five percent of the recipient's grant award.
Subd. 3. Grants
for early literacy programs. Grants
awarded by the commissioner under this subdivision must be used to fund
existing or new partnerships between community health boards, local or regional
library systems, community-based organizations, nonprofit organizations, or
Indian tribes to implement early literacy programs in low-income communities,
including tribal communities, to:
(1) purchase and equip early childhood
reading mobiles and math mobiles that provide FFN caregivers and children's
families with books, training, and early literacy activities;
(2) provide FFN caregivers and
children's families with translations of early childhood books, training, and
early literacy activities in native languages; or
(3) provide FFN caregivers and
children's families with early literacy activities in local libraries.
Subd. 4. Grant
awards. Interested entities
eligible to receive a grant under this section may apply to the commissioner in
a form and manner prescribed by the commissioner. The commissioner shall award grants to
eligible entities consistent with the requirements of this section.
Subd. 5. Evaluation. The commissioner must evaluate the
impact of the grants under subdivisions 2 and 3 on children's school readiness,
including but not limited to social emotional learning indicators, and submit a
written report to the legislative committees with jurisdiction over health and
human services and education finance and policy by February 1, 2022.
Sec. 6. FIRST
CHILDREN'S FINANCE CHILD CARE SITE ASSISTANCE.
Subdivision 1. Purpose. The commissioner of human services
must provide grants to First Children's Finance for loans to improve child care
or early childhood education sites or loans to plan, design, and construct or
expand licensed and legal nonlicensed sites to increase the availability of
child care or early childhood education.
Subd. 2. Financing
program. (a) First Children's
Finance must use grant funds to:
(1) establish a revolving loan fund to
make loans to existing, expanding, and newly licensed and legal nonlicensed
child care and early childhood education sites;
(2)
establish a fund to guarantee private loans to improve or construct a child
care or early childhood education site;
(3) establish a fund to provide
forgivable loans or grants to match all or part of a loan made under this
section;
(4) establish a fund as a reserve
against bad debt; and
(5) establish a fund to provide
business planning assistance for child care providers.
(b) First Children's Finance must
establish the terms and conditions for loans and loan guarantees including
interest rates, repayment agreements, private match requirements, and
conditions for loan forgiveness. A
minimum interest rate for loans must be established to ensure that necessary
loan administration costs are covered. Interest
earnings may be used for administrative expenses.
Subd. 3. Reports. First Children's Finance must:
(1) by September 30, 2021, and by
September 30, 2022, report to the commissioner of human services the purposes
for which the money was used during the past fiscal year, including a
description of projects supported by the financing, an account of loans made
during the calendar year, the financing program's assets and liabilities, and
an explanation of administrative expenses; and
(2) for each fiscal year in which
grants are received, submit to the commissioner of human services a copy of the
report of an independent audit performed in accordance with generally accepted
accounting practices and auditing standards.
Sec. 7. APPROPRIATION;
FIRST CHILDREN'S FINANCE.
$3,000,000 in fiscal year 2021 is
appropriated from the general fund to the commissioner of human services for a
grant to First Children's Finance. This
is a onetime appropriation.
Sec. 8. APPROPRIATION;
FAMILY, FRIEND, AND NEIGHBOR GRANT.
$1,000,000 in fiscal year 2021 is
appropriated from the general fund to the commissioner of health for purposes
of awarding grants under section 5. This
is a onetime appropriation and is available until June 30, 2022.
Sec. 9. APPROPRIATION;
CHILD CARE PROGRAMS.
Subdivision 1. Basic
sliding fee waiting list allocation.
(a) Notwithstanding Minnesota Statutes, section 119B.03,
$20,000,000 in fiscal year 2021 is appropriated from the general fund to the
commissioner of human services to reduce the basic sliding fee program waiting
list as follows:
(1) the allocations for calendar years
2020 and 2021 must be increased to serve families on the waiting list. To receive funds appropriated for this
purpose, a county must have a waiting list in at least one of the most recent
three months based on published waiting lists;
(2) funds must be distributed
proportionately based on the average of the most recent six months of published
waiting lists to counties that meet the criteria in clause (1);
(3) allocations in calendar years 2022
and beyond must be calculated using the allocation formula in Minnesota
Statutes, section 119B.03; and
(4) the guaranteed floor for calendar
year 2021 must be based on the revised calendar year 2020 allocation.
(b) This is a onetime appropriation
available through fiscal year 2021.
Subd. 2. Child
care rates. (a) $170,000,000
in fiscal year 2021 is appropriated from the general fund to the commissioner
of human services to increase child care rates under Minnesota Statutes,
section 119B.13. The commissioner may
not increase the rate differential percentage established under Minnesota
Statutes, section 119B.13, subdivision 3a or 3b. To determine the increased rates, the
commissioner of human services must:
(1) for family child care, set one rate
for the entire state that is based on the county or county price cluster with
the highest costs in the most recent child care market rate survey under
Minnesota Statutes, section 119B.02, subdivision 7; and
(2) set the percentile for family child
care and child care centers no higher than the 75th percentile of the most
recent market rate survey under Minnesota Statutes, section 119B.02,
subdivision 7.
(b) This is a onetime appropriation
that must be used until expended to increase the child care rates as directed
in this subdivision, but at no time may the child care rates exceed the 75th
percentile of the most recent market rate survey under Minnesota Statutes,
section 119B.02, subdivision 7.
(c) The child care rates shall return to the rates determined under Minnesota Statutes, section 119B.13, when the appropriation under this subdivision is expended.
Sec. 10. APPROPRIATIONS;
DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT.
Subdivision 1. Grants
for child care. (a)
$10,000,000 in fiscal year 2021 is appropriated from the general fund to the
commissioner of employment and economic development for grants to local
communities to increase the supply of quality child care providers to support
economic development. This is a onetime
appropriation. Fifty percent of grant
funds must go to communities located outside of the seven-county metropolitan
area as defined under Minnesota Statutes, section 473.121, subdivision 2.
(b)
Grant recipients must obtain a 50 percent nonstate match to grant funds in
either cash or in-kind contribution. Grant
funds available under this subdivision must be used to implement projects to
reduce the child care shortage in the state, including but not limited to
funding for child care business start-ups or expansion, training, facility
modifications, direct subsidies or incentives to retain employees, or
improvements required for licensing, and assistance with licensing and other
regulatory requirements. In awarding
grants, the commissioner must give priority to communities that have
demonstrated a shortage of child care providers in the area.
(c) Within one year of receiving grant
funds, grant recipients must report to the commissioner on the outcomes of the
grant program, including but not limited to the number of new providers, the
number of additional child care provider jobs created, the number of additional
child care slots, and the amount of cash and in-kind local funds invested.
Subd. 2. Minnesota
Initiative Foundations. (a)
$3,850,000 in fiscal year 2021 is appropriated from the general fund to the
commissioner of employment and economic development for a grant to the
Minnesota Initiative Foundations. This
is a onetime appropriation and is available until June 30, 2022.
(b) The Minnesota Initiative
Foundations must use grant funds under this section to:
(1) facilitate planning processes for
rural communities resulting in a community solution action plan that guides
decision making to sustain and increase the supply of quality child care in the
region to support economic development;
(2) engage the private sector to invest
local resources to support the community solution action plan and ensure child
care is a vital component of additional regional economic development planning
processes;
(3) provide high-quality, locally based
training and technical assistance to rural child care business owners. Access to financial and business development
assistance must endeavor to prepare child care businesses for quality
engagement and improvement by stabilizing operations, leveraging funding from
other sources, and fostering business acumen; and
(4) recruit child care programs to
participate in Parent Aware under Minnesota Statutes, section 124D.142, by
providing targeted resources designed to encourage high levels of participation. The Minnesota Initiative Foundations must work
with local partners to provide low-cost training, professional development
opportunities, and curriculum. The
Minnesota Initiative Foundations must fund, through local partners, an enhanced
level of coaching to rural child care providers to obtain a quality rating
through Parent Aware.
Subd. 3. WomenVenture
child care business training. $150,000
in fiscal year 2021 is appropriated from the general fund to the commissioner
of employment and economic development for a grant to WomenVenture to operate a
business training program for child care providers and to create materials that
could be used, free of charge, for start-up, expansion, and operation of child
care businesses statewide, with the goal of helping new and existing child care
businesses in underserved areas of the state become profitable and sustainable. The commissioner shall report data on
outcomes and recommendations for replication of this training program
throughout Minnesota to the governor and the legislative committees with jurisdiction
over child care by December 15, 2022.
This is a onetime appropriation and is available until June 30, 2022.
Sec. 11. APPROPRIATION;
RETAINING EARLY EDUCATORS THROUGH ATTAINING INCENTIVES NOW (REETAIN) GRANT
PROGRAM.
$2,500,000 in fiscal year 2021 is
appropriated from the general fund to the commissioner of human services for
purposes of REETAIN grants under section 2.
This is a onetime appropriation.
Sec. 12. APPROPRIATION;
TEACH GRANT PROGRAM.
$500,000 in fiscal year 2021 is
appropriated from the general fund to the commissioner of human services for
teacher education and compensation helps (TEACH) program grants under Minnesota
Statutes, section 136A.128. This is a
onetime appropriation.
Sec. 13. REVISOR
INSTRUCTION.
The revisor of statutes shall renumber Minnesota Statutes, section 136A.128, as a section in Minnesota Statutes, chapter 119B. The revisor shall also make necessary cross-reference changes consistent with the renumbering."
Delete the title and insert:
"A bill for an act relating to early childhood; creating additional funding and opportunities for children ages birth to three; governing certain programs and funding for prenatal care services, home visiting, early childhood education, and child care assistance; appropriating money; amending Minnesota Statutes 2018, sections 119B.13, subdivision 1; 124D.142; 124D.162; 124D.165, subdivisions 2, 4; 136A.128, subdivisions 2, 4; Minnesota Statutes 2019 Supplement, sections 124D.151, subdivision 6; 126C.05, subdivision 1; Laws 2019, First Special Session chapter 11, article 8, section 13, subdivisions 3, 8, 9; proposing coding for new law in Minnesota Statutes, chapters 119B; 145."
With the recommendation that when so amended the bill be re-referred to the Jobs and Economic Development Finance Division without further recommendation.
The
report was adopted.
Carlson, L., from the Committee on Ways and Means to which was referred:
H. F. No. 4, A bill for an act relating to health; prohibiting a manufacturer or wholesale drug distributor from charging unconscionable prices for prescription drugs; requiring the Board of Pharmacy, the commissioner of human services, and health plan companies to notify the attorney general of certain prescription drug price increases; authorizing the attorney general to take action against drug manufacturers and wholesalers related to certain price increases; imposing civil penalties; amending Minnesota Statutes 2018, sections 8.31, subdivision 1; 151.071, subdivisions 1, 2; proposing coding for new law in Minnesota Statutes, chapter 151.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2018, section 8.31, subdivision 1, is amended to read:
Subdivision 1. Investigate offenses against provisions of certain designated sections; assist in enforcement. The attorney general shall investigate violations of the law of this state respecting unfair, discriminatory, and other unlawful practices in business, commerce, or trade, and specifically, but not exclusively, the Prohibition Against Charging Unconscionable Prices for Prescription Drugs (section 151.462), the Nonprofit Corporation Act (sections 317A.001 to 317A.909), the Act Against Unfair Discrimination and Competition (sections 325D.01 to 325D.07), the Unlawful Trade Practices Act (sections 325D.09 to 325D.16), the Antitrust Act (sections 325D.49 to 325D.66), section 325F.67 and other laws against false or fraudulent advertising, the antidiscrimination acts contained in
section 325D.67, the act against monopolization of food products (section 325D.68), the act regulating telephone advertising services (section 325E.39), the Prevention of Consumer Fraud Act (sections 325F.68 to 325F.70), and chapter 53A regulating currency exchanges and assist in the enforcement of those laws as in this section provided.
Sec. 2. Minnesota Statutes 2018, section 151.071, subdivision 1, is amended to read:
Subdivision 1. Forms of disciplinary action. When the board finds that a licensee, registrant, or applicant has engaged in conduct prohibited under subdivision 2, it may do one or more of the following:
(1) deny the issuance of a license or registration;
(2) refuse to renew a license or registration;
(3) revoke the license or registration;
(4) suspend the license or registration;
(5) impose limitations, conditions, or both on the license or registration, including but not limited to: the limitation of practice to designated settings; the limitation of the scope of practice within designated settings; the imposition of retraining or rehabilitation requirements; the requirement of practice under supervision; the requirement of participation in a diversion program such as that established pursuant to section 214.31 or the conditioning of continued practice on demonstration of knowledge or skills by appropriate examination or other review of skill and competence;
(6) impose a civil penalty not exceeding $10,000 for each separate violation, except that a civil penalty not exceeding $25,000 may be imposed for each separate violation of section 151.462, the amount of the civil penalty to be fixed so as to deprive a licensee or registrant of any economic advantage gained by reason of the violation, to discourage similar violations by the licensee or registrant or any other licensee or registrant, or to reimburse the board for the cost of the investigation and proceeding, including but not limited to, fees paid for services provided by the Office of Administrative Hearings, legal and investigative services provided by the Office of the Attorney General, court reporters, witnesses, reproduction of records, board members' per diem compensation, board staff time, and travel costs and expenses incurred by board staff and board members; and
(7) reprimand the licensee or registrant.
Sec. 3. Minnesota Statutes 2019 Supplement, section 151.071, subdivision 2, is amended to read:
Subd. 2. Grounds for disciplinary action. The following conduct is prohibited and is grounds for disciplinary action:
(1) failure to demonstrate the qualifications or satisfy the requirements for a license or registration contained in this chapter or the rules of the board. The burden of proof is on the applicant to demonstrate such qualifications or satisfaction of such requirements;
(2) obtaining a license by fraud or by misleading the board in any way during the application process or obtaining a license by cheating, or attempting to subvert the licensing examination process. Conduct that subverts or attempts to subvert the licensing examination process includes, but is not limited to: (i) conduct that violates the security of the examination materials, such as removing examination materials from the examination room or having unauthorized possession of any portion of a future, current, or previously administered licensing examination; (ii) conduct that violates the standard of test administration, such as communicating with another examinee during
administration of the examination, copying another examinee's answers, permitting another examinee to copy one's answers, or possessing unauthorized materials; or (iii) impersonating an examinee or permitting an impersonator to take the examination on one's own behalf;
(3) for a pharmacist, pharmacy technician, pharmacist intern, applicant for a pharmacist or pharmacy license, or applicant for a pharmacy technician or pharmacist intern registration, conviction of a felony reasonably related to the practice of pharmacy. Conviction as used in this subdivision includes a conviction of an offense that if committed in this state would be deemed a felony without regard to its designation elsewhere, or a criminal proceeding where a finding or verdict of guilt is made or returned but the adjudication of guilt is either withheld or not entered thereon. The board may delay the issuance of a new license or registration if the applicant has been charged with a felony until the matter has been adjudicated;
(4) for a facility, other than a pharmacy, licensed or registered by the board, if an owner or applicant is convicted of a felony reasonably related to the operation of the facility. The board may delay the issuance of a new license or registration if the owner or applicant has been charged with a felony until the matter has been adjudicated;
(5) for a controlled substance researcher, conviction of a felony reasonably related to controlled substances or to the practice of the researcher's profession. The board may delay the issuance of a registration if the applicant has been charged with a felony until the matter has been adjudicated;
(6) disciplinary action taken by another state or by one of this state's health licensing agencies:
(i) revocation, suspension, restriction, limitation, or other disciplinary action against a license or registration in another state or jurisdiction, failure to report to the board that charges or allegations regarding the person's license or registration have been brought in another state or jurisdiction, or having been refused a license or registration by any other state or jurisdiction. The board may delay the issuance of a new license or registration if an investigation or disciplinary action is pending in another state or jurisdiction until the investigation or action has been dismissed or otherwise resolved; and
(ii) revocation, suspension, restriction, limitation, or other disciplinary action against a license or registration issued by another of this state's health licensing agencies, failure to report to the board that charges regarding the person's license or registration have been brought by another of this state's health licensing agencies, or having been refused a license or registration by another of this state's health licensing agencies. The board may delay the issuance of a new license or registration if a disciplinary action is pending before another of this state's health licensing agencies until the action has been dismissed or otherwise resolved;
(7) for a pharmacist, pharmacy, pharmacy technician, or pharmacist intern, violation of any order of the board, of any of the provisions of this chapter or any rules of the board or violation of any federal, state, or local law or rule reasonably pertaining to the practice of pharmacy;
(8) for a facility, other than a pharmacy, licensed by the board, violations of any order of the board, of any of the provisions of this chapter or the rules of the board or violation of any federal, state, or local law relating to the operation of the facility;
(9) engaging in any unethical conduct; conduct likely to deceive, defraud, or harm the public, or demonstrating a willful or careless disregard for the health, welfare, or safety of a patient; or pharmacy practice that is professionally incompetent, in that it may create unnecessary danger to any patient's life, health, or safety, in any of which cases, proof of actual injury need not be established;
(10) aiding or abetting an unlicensed person in the practice of pharmacy, except that it is not a violation of this clause for a pharmacist to supervise a properly registered pharmacy technician or pharmacist intern if that person is performing duties allowed by this chapter or the rules of the board;
(11) for an individual licensed or registered by the board, adjudication as mentally ill or developmentally disabled, or as a chemically dependent person, a person dangerous to the public, a sexually dangerous person, or a person who has a sexual psychopathic personality, by a court of competent jurisdiction, within or without this state. Such adjudication shall automatically suspend a license for the duration thereof unless the board orders otherwise;
(12) for a pharmacist or pharmacy intern, engaging in unprofessional conduct as specified in the board's rules. In the case of a pharmacy technician, engaging in conduct specified in board rules that would be unprofessional if it were engaged in by a pharmacist or pharmacist intern or performing duties specifically reserved for pharmacists under this chapter or the rules of the board;
(13) for a pharmacy, operation of the pharmacy without a pharmacist present and on duty except as allowed by a variance approved by the board;
(14) for a pharmacist, the inability to practice pharmacy with reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition, including deterioration through the aging process or loss of motor skills. In the case of registered pharmacy technicians, pharmacist interns, or controlled substance researchers, the inability to carry out duties allowed under this chapter or the rules of the board with reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition, including deterioration through the aging process or loss of motor skills;
(15) for a pharmacist, pharmacy, pharmacist intern, pharmacy technician, medical gas distributor, or controlled substance researcher, revealing a privileged communication from or relating to a patient except when otherwise required or permitted by law;
(16) for a pharmacist or pharmacy, improper management of patient records, including failure to maintain adequate patient records, to comply with a patient's request made pursuant to sections 144.291 to 144.298, or to furnish a patient record or report required by law;
(17) fee splitting, including without limitation:
(i) paying, offering to pay, receiving, or agreeing to receive, a commission, rebate, kickback, or other form of remuneration, directly or indirectly, for the referral of patients;
(ii) referring a patient to any health care provider as defined in sections 144.291 to 144.298 in which the licensee or registrant has a financial or economic interest as defined in section 144.6521, subdivision 3, unless the licensee or registrant has disclosed the licensee's or registrant's financial or economic interest in accordance with section 144.6521; and
(iii) any arrangement through which a pharmacy, in which the prescribing practitioner does not have a significant ownership interest, fills a prescription drug order and the prescribing practitioner is involved in any manner, directly or indirectly, in setting the price for the filled prescription that is charged to the patient, the patient's insurer or pharmacy benefit manager, or other person paying for the prescription or, in the case of veterinary patients, the price for the filled prescription that is charged to the client or other person paying for the prescription, except that a veterinarian and a pharmacy may enter into such an arrangement provided that the client or other
person paying for the prescription is notified, in writing and with each prescription dispensed, about the arrangement, unless such arrangement involves pharmacy services provided for livestock, poultry, and agricultural production systems, in which case client notification would not be required;
(18) engaging in abusive or fraudulent billing practices, including violations of the federal Medicare and Medicaid laws or state medical assistance laws or rules;
(19) engaging in conduct with a patient that is sexual or may reasonably be interpreted by the patient as sexual, or in any verbal behavior that is seductive or sexually demeaning to a patient;
(20) failure to make reports as required by section 151.072 or to cooperate with an investigation of the board as required by section 151.074;
(21) knowingly providing false or misleading information that is directly related to the care of a patient unless done for an accepted therapeutic purpose such as the dispensing and administration of a placebo;
(22) aiding suicide or aiding attempted suicide in violation of section 609.215 as established by any of the following:
(i) a copy of the record of criminal conviction or plea of guilty for a felony in violation of section 609.215, subdivision 1 or 2;
(ii) a copy of the record of a judgment of contempt of court for violating an injunction issued under section 609.215, subdivision 4;
(iii) a copy of the record of a judgment assessing damages under section 609.215, subdivision 5; or
(iv) a finding by the board that the person violated section 609.215, subdivision 1 or 2. The board shall investigate any complaint of a violation of section 609.215, subdivision 1 or 2;
(23) for a pharmacist, practice of
pharmacy under a lapsed or nonrenewed license.
For a pharmacist intern, pharmacy technician, or controlled substance
researcher, performing duties permitted to such individuals by this chapter or
the rules of the board under a lapsed or nonrenewed registration. For a facility required to be licensed under
this chapter, operation of the facility under a lapsed or nonrenewed license or
registration; and
(24) for a pharmacist, pharmacist intern,
or pharmacy technician, termination or discharge from the health professionals
services program for reasons other than the satisfactory completion of the
program; and
(25) for a manufacturer or wholesale drug distributor, a violation of section 151.462.
Sec. 4. [151.462]
PROHIBITION AGAINST CHARGING UNCONSCIONABLE PRICES FOR PRESCRIPTION DRUGS.
Subdivision 1. Purpose. The purpose of this section is to
promote public health in Minnesota by preventing unconscionable price gouging
with respect to the price of essential prescription drugs sold in Minnesota. Essential prescription drugs are a necessity. These drugs, which are made available in this
state by drug manufacturers and wholesale distributors, provide critically
important benefits to the health and well-being of Minnesota citizens. Abuses in the pricing of various essential
prescription drugs are well-documented, jeopardize the health and welfare of
the public, and have caused the death of patients who could not afford to pay
an unconscionable price for these drugs.
For example, these price gouging practices have created a public health
catastrophe in Minnesota regarding
the
sale of insulin, an essential prescription drug for the treatment of more than
320,000 people residing in Minnesota who are diabetic. This section is intended to address such
abuses, but allow drug manufacturers and wholesale drug distributors a fair
rate of return with respect to their sale of essential prescription drugs in
the state of Minnesota.
Subd. 2. Definitions. (a) For purposes of this section, the following definitions apply.
(b) "Essential prescription
drug" means a patented (including an exclusivity-protected drug),
off-patent, or generic drug prescribed in Minnesota by a practitioner:
(1) that either:
(i) is covered under the medical
assistance program or by any Medicare Part D plan offered in the state of
Minnesota; or
(ii) has been designated by the
commissioner of human services under subdivision 4 as an essential medicine due
to its efficacy in treating a life-threatening health condition or a chronic
health condition that substantially impairs an individual's ability to engage
in activities of daily living; and
(2) for which:
(i) a 30-day supply of the maximum
recommended dosage of the drug for any indication, according to the label for
the drug approved under the Federal Food, Drug, and Cosmetic Act, would cost
more than $80 at the drug's wholesale acquisition cost;
(ii) a full course of treatment with
the drug, according to the label for the drug approved under the Federal Food,
Drug, and Cosmetic Act, would cost more than $80 at the drug's wholesale
acquisition cost; or
(iii) if the drug is made available to
consumers only in quantities that do not correspond to a 30-day supply, a full
course of treatment, or a single dose, it would cost more than $80 at the
drug's wholesale acquisition cost to obtain a 30-day supply or a full course of
treatment.
Essential prescription drug also includes a patented or
off-patent drug-device combination product, whose wholesale acquisition cost is
more than $80, and which is used at least in part for delivery of a drug
described in this paragraph.
(c) "Health plan company" has
the meaning provided in section 62Q.01, subdivision 4.
(d) "Unconscionable price"
means a price that:
(1) is not reasonably justified by the
actual cost of inventing, producing, selling, and distributing the essential prescription drug, and any actual cost of an appropriate
expansion of access to the drug to promote public health; and
(2) applies to an essential
prescription drug sold to:
(i) consumers in Minnesota;
(ii) the commissioner of human services
for use in a Minnesota public health care program; or
(iii)
a health plan company providing medical care to Minnesota consumers; and the
consumer, commissioner, or health plan company has no meaningful choice about
whether to purchase the drug, because there is no other comparable drug sold in
Minnesota at a price that is reasonably justified by the actual cost of
inventing, producing, selling, and distributing the comparable drug, and any
actual cost of an appropriate expansion of access to the drug to promote public
health.
(e) "Wholesale acquisition
cost" has the meaning given in United States Code, title 42, section
1395w-3a.
Subd. 3. Prohibition. No drug manufacturer or wholesale drug
distributor shall charge or cause to be charged in Minnesota an unconscionable
price for an essential prescription drug sold in Minnesota. It is not a violation of this section for a
wholesale drug distributor to charge a price for an essential prescription drug
to be sold in Minnesota that is directly and substantially attributable to the
cost of the drug charged by the manufacturer.
Subd. 4. Commissioner
of human services; list of essential prescription drugs. The commissioner of human services, in
consultation with the Formulary Committee established under section 256B.0625,
subdivision 13c, may designate essential medicines in accordance with
subdivision 2, paragraph (b), clause (1), item (ii), and shall maintain a list
of all essential prescription drugs on the agency website. The commissioner is exempt from the
rulemaking requirements of chapter 14 in making the essential medicine
designation and compiling the list of all essential prescription drugs under
this subdivision.
Subd. 5. Notification
of attorney general. The
Minnesota Board of Pharmacy, the commissioner of human services, and health
plan companies shall notify the attorney general of any increase of 15 percent
or more during a one-year period in the price of any essential prescription
drug sold in Minnesota.
Subd. 6. Attorney
general's office to confer with drug manufacturer or distributor. In order for the attorney general to
bring an action for an alleged violation of subdivision 3 against a drug
manufacturer or wholesale distributor, the attorney general must have provided
the manufacturer or wholesale distributor an opportunity to meet with the
attorney general to present any justification for the price of the essential
prescription drug. This meeting shall be
in addition to any response or responses that the drug manufacturer or
wholesale distributor may make to prelitigation investigation or discovery
conducted by the attorney general pursuant to section 8.31.
Subd. 7. Private
right of action. Any action
brought pursuant to section 8.31, subdivision 3a, by a person injured by a
violation of this section is for the benefit of the public.
Subd. 8. Severability. In accordance with section 645.20, it
is the intent of the legislature that the provisions, or any part of a
provision, of this section or its effective date are severable in the event any
provision, or any part of a provision, of this section or its effective date is
found by a court to be unconstitutional.
EFFECTIVE
DATE. This section is
effective the day following final enactment and, notwithstanding any statutory
or common law to the contrary, applies retroactively to any prices charged by a
drug manufacturer or drug wholesaler for essential prescription drugs sold or
distributed in Minnesota on or after July 1, 2014.
Sec. 5. APPROPRIATION.
$46,000 in fiscal year 2021 is appropriated from the general fund to the commissioner of human services to implement Minnesota Statutes, section 151.462. The base for this appropriation is $52,000 in fiscal year 2022 and $52,000 in fiscal year 2023. There is federal financial participation of $15,000 in fiscal year 2021 and $17,000 per year thereafter."
Delete the title and insert:
"A bill for an act relating to health; prohibiting a manufacturer or wholesale drug distributor from charging unconscionable prices for prescription drugs; requiring the Board of Pharmacy, the commissioner of human services, and health plan companies to notify the attorney general of certain prescription drug price increases; authorizing the attorney general to take action against drug manufacturers and wholesalers related to certain price increases; imposing civil penalties; appropriating money; amending Minnesota Statutes 2018, sections 8.31, subdivision 1; 151.071, subdivision 1; Minnesota Statutes 2019 Supplement, section 151.071, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 151."
With the recommendation that when so amended the bill be re-referred to the State Government Finance Division without further recommendation.
The
report was adopted.
Nelson, M., from the State Government Finance Division to which was referred:
H. F. No. 11, A bill for an act relating to employment; providing for earned sick and safe time; appropriating money; authorizing rulemaking; imposing civil penalties; requiring reports; amending Minnesota Statutes 2018, sections 177.27, subdivisions 4, 7; 181.942, subdivision 1; Minnesota Statutes 2019 Supplement, section 177.27, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 177; 181; repealing Minnesota Statutes 2019 Supplement, section 181.9413.
Reported the same back with the recommendation that the bill be placed on the General Register.
The
report was adopted.
Nelson, M., from the State Government Finance Division to which was referred:
H. F. No. 505,
A bill for an act relating to state government; creating a task force to study
the design of the state flag.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Mariani from the Public Safety and Criminal Justice Reform Finance and Policy Division to which was referred:
H. F. No. 741, A bill for an act relating to public safety; limiting the use of money bail for certain offenses; amending Minnesota Statutes 2018, section 629.53.
Reported the same back with the following amendments:
Page 3, line 3, delete "2019" and insert "2020"
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Carlson, L., from the Committee on Ways and Means to which was referred:
H. F. No. 1246, A bill for an act relating to health; establishing the Prescription Drug Price Transparency Act; requiring a report; proposing coding for new law in Minnesota Statutes, chapter 151.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. [62J.84]
PRESCRIPTION DRUG PRICE TRANSPARENCY.
Subdivision 1. Short
title. This section may be
cited as the "Prescription Drug Price Transparency Act."
Subd. 2. Definitions. (a) For purposes of this section, the
terms defined in this subdivision have the meanings given.
(b) "Biosimilar" means a drug
that is produced or distributed pursuant to a biologics license application
approved under United States Code, title 42, section 262(K)(3).
(c) "Brand name drug" means a
drug that is produced or distributed pursuant to:
(1) an original, new drug application
approved under United States Code, title 21, section 355(c), except for a
generic drug as defined under Code of Federal Regulations, title 42, section
447.502; or
(2) a biologics license application
approved under United States Code, title 45, section 262(a)(c).
(d) "Commissioner" means the
commissioner of health.
(e) "Generic drug" means a
drug that is marketed or distributed as:
(1) an abbreviated new drug application
approved under United States Code, title 21, section 355(j);
(2) an authorized generic drug as
defined under Code of Federal Regulations, title 45, section 447.502; or
(3) a drug that entered the market the
year before 1962 and was not originally marketed under a new drug application.
(f) "Manufacturer" means a
drug manufacturer licensed under section 151.252.
(g) "New prescription drug"
or "new drug" means a prescription drug approved for marketing by the
United States Food and Drug Administration for which no previous wholesale
acquisition cost has been established for comparison.
(h) "Patient assistance
program" means a program that a manufacturer offers to the public in which
a consumer may reduce the consumer's out-of-pocket costs for prescription drugs
by using coupons, discount cards, prepaid gift cards, manufacturer debit cards,
or by other means.
(i) "Prescription drug" or
"drug" has the meaning provided in section 151.441, subdivision 8.
(j) "Price" means the
wholesale acquisition cost as defined in United States Code, title 42, section
1395w‑3a(c)(6)(B).
Subd. 3. Prescription
drug price increases reporting. (a)
Beginning October 1, 2021, a drug manufacturer must submit to the commissioner
the information described in paragraph (b) for each prescription drug for which
the price was $100 or greater for a 30-day supply or for a course of treatment
lasting less than 30 days and:
(1) for brand name drugs where there is
an increase of ten percent or greater in the price over the previous 12‑month
period or an increase of 16 percent or greater in the price over the previous
24-month period; and
(2) for generic drugs where there is an
increase of 50 percent or greater in the price over the previous 12-month period.
(b) For each of the drugs described in paragraph (a), the manufacturer shall submit to the commissioner no later than 60 days after the price increase goes into effect, in the form and manner prescribed by the commissioner, the following information, if applicable:
(1) the name and price of the drug and
the net increase, expressed as a percentage;
(2) the factors that contributed to the
price increase;
(3) the name of any generic version of
the prescription drug available on the market;
(4) the introductory price of the
prescription drug when it was approved for marketing by the Food and Drug
Administration and the net yearly increase, by calendar year, in the price of
the prescription drug during the previous five years;
(5) the direct costs incurred by the
manufacturer that are associated with the prescription drug, listed separately:
(i) to manufacture the prescription
drug;
(ii) to market the prescription drug,
including advertising costs; and
(iii) to distribute the prescription
drug;
(6) the total sales revenue for the
prescription drug during the previous 12-month period;
(7) the manufacturer's net profit
attributable to the prescription drug during the previous 12-month period;
(8) the total amount of financial
assistance the manufacturer has provided through patient prescription
assistance programs, if applicable;
(9) any agreement between a
manufacturer and another entity contingent upon any delay in offering to market
a generic version of the prescription drug;
(10) the patent expiration date of the prescription drug if it is under patent;
(11) the name and location of the
company that manufactured the drug; and
(12) if a brand name prescription drug,
the ten highest prices paid for the prescription drug during the previous calendar
year in any country other than the United States.
(c) The manufacturer may submit any
documentation necessary to support the information reported under this
subdivision.
Subd. 4. New
prescription drug price reporting. (a)
Beginning October 1, 2021, no later than 60 days after a manufacturer
introduces a new prescription drug for sale in the United States that is a new
brand name drug with a price that is greater than the tier threshold
established by the Centers for Medicare and Medicaid Services for specialty
drugs in the Medicare Part D program for a 30-day supply or a new generic or
biosimilar drug with a price that is greater than the tier threshold
established by the Centers for Medicare and Medicaid Services for specialty
drugs in the Medicare Part D program for a 30-day supply and is not at least 15
percent lower in price than the referenced brand name drug when the generic or
biosimilar drug is launched, the manufacturer must submit to the commissioner,
in the form and manner prescribed by the commissioner, the following
information, if applicable:
(1) the price of the prescription drug;
(2) whether the Food and Drug
Administration granted the new prescription drug a breakthrough therapy
designation or a priority review;
(3) the direct costs incurred by the manufacturer that are associated with the prescription drug, listed separately:
(i) to manufacture the prescription drug;
(ii) to market the prescription drug,
including advertising costs; and
(iii) to distribute the prescription
drug; and
(4) the patent expiration date of the
drug if it is under patent.
(b) The manufacturer may submit
documentation necessary to support the information reported under this
subdivision.
Subd. 5. Newly
acquired prescription drug price reporting. (a) Beginning October 1, 2021, the
acquiring drug manufacturer must submit to the commissioner the information
described in paragraph (b) for each newly acquired prescription drug for which
the price was $100 or greater for a 30-day supply or for a course of treatment
lasting less than 30 days and:
(1) for a newly acquired brand name
drug where there is an increase of ten percent or greater in the price over the previous 12-month period or an increase of 16
percent or greater in the price over the previous 24-month period; and
(2) for a newly acquired generic drug
where there is an increase of 50 percent or greater in the price over the
previous 12-month period.
(b) For each of the drugs described in
paragraph (a), the acquiring manufacturer shall submit to the commissioner no
later than 60 days after the acquiring manufacturer begins to sell the newly
acquired drug, in the form and manner prescribed by the commissioner, the
following information, if applicable:
(1) the price of the prescription drug
at the time of acquisition and in the calendar year prior to acquisition;
(2) the name of the company from which
the prescription drug was acquired, the date acquired, and the purchase price;
(3) the year the prescription drug was
introduced to market and the price of the prescription drug at the time of
introduction;
(4) the price of the prescription drug
for the previous five years;
(5)
any agreement between a manufacturer and another entity contingent upon any
delay in offering to market a generic version of the manufacturer's drug; and
(6) the patent expiration date of the
drug if it is under patent.
(c) The manufacturer may submit any documentation necessary to support the information reported under this subdivision.
Subd. 6. Public
posting of prescription drug price information. (a) The commissioner shall post on the
department's website, or may contract with a private entity or consortium that
satisfies the standards of section 62U.04, subdivision 6, to post the following
information:
(1) a list of the prescription drugs
reported under subdivisions 3, 4, and 5, and the manufacturers of those
prescription drugs; and
(2) information reported to the commissioner under subdivisions 3, 4, and 5.
(b) The information must be published
in an easy-to-read format and in a manner that identifies the information that
is disclosed on a per-drug basis and must not be aggregated in a manner that
prevents the identification of the prescription drug.
(c) The commissioner shall not post on
the department's website, or a private entity contracting with the commissioner
shall not post, any information described in this section if the information is
not public data under section 13.02, subdivision 8a; is trade secret
information under section 13.37, subdivision 1, paragraph (b); or is trade
secret information pursuant to the Defend Trade Secrets Act of 2016, United
States Code, title 18, section 1836, as amended. If a manufacturer believes information should
be withheld from public disclosure pursuant to this paragraph, the manufacturer
must clearly and specifically identify that information and describe the legal
basis in writing when the manufacturer submits the information under this
section. If the commissioner disagrees
with the manufacturer's request to withhold information from public disclosure,
the commissioner shall provide the manufacturer written notice that the
information will be publicly posted 30 days after the date of the notice.
(d) If the commissioner withholds any
information from public disclosure pursuant to this subdivision, the
commissioner shall post to the department's website a report describing the
nature of the information and the commissioner's basis for withholding the
information from disclosure.
Subd. 7. Consultation. (a) The commissioner may consult with
a private entity or consortium that satisfies the standards of section 62U.04,
subdivision 6; the University of Minnesota; or the commissioner of commerce, as
appropriate, in issuing the form and format of the information reported under
this section in posting information pursuant to subdivision 6 and in taking any
other action for the purpose of implementing this section.
(b) The commissioner may consult with representatives of the manufacturers to establish a standard format for reporting information under this section and may use existing reporting methodologies to establish a standard format to minimize administrative burdens to the state and manufacturers.
Subd. 8. Enforcement
and penalties. (a) A
manufacturer may be subject to a civil penalty, as provided in paragraph (b),
for:
(1) failing to submit timely reports or
notices as required by this section;
(2) failing to provide information
required under this section; or
(3)
providing inaccurate or incomplete information under this section.
(b) The commissioner shall adopt a
schedule of civil penalties, not to exceed $10,000 per day of violation, based
on the severity of each violation.
(c) The commissioner shall impose civil
penalties under this section as provided in section 144.99, subdivision 4.
(d) The commissioner may remit or
mitigate civil penalties under this section upon terms and conditions the
commissioner considers proper and consistent with public health and safety.
(e) Civil penalties collected under
this section shall be deposited in the health care access fund.
Subd. 9. Legislative
report. (a) No later than
January 15 of each year, beginning January 15, 2022, the commissioner shall
report to the chairs and ranking minority members of the legislative committees
with jurisdiction over commerce and health and human services policy and
finance on the implementation of this section, including but not limited to the
effectiveness in addressing the following goals:
(1) promoting transparency in pharmaceutical
pricing for the state and other payers;
(2) enhancing the understanding on
pharmaceutical spending trends; and
(3) assisting the state and other
payers in the management of pharmaceutical costs.
(b)
The report must include a summary of the information submitted to the
commissioner under subdivisions 3, 4, and 5."
Delete the title and insert:
"A bill for an act relating to health; establishing the Prescription Drug Price Transparency Act; requiring drug manufacturers to submit drug price information to the commissioner of health; providing civil penalties; requiring a report; proposing coding for new law in Minnesota Statutes, chapter 62J."
With the recommendation that when so amended the bill be re-referred to the Judiciary Finance and Civil Law Division without further recommendation.
The
report was adopted.
Carlson, L., from the Committee on Ways and Means to which was referred:
H. F. No. 1257, A bill for an act relating to health care coverage; requiring prescription drug benefit transparency and disclosure; amending Minnesota Statutes 2018, section 256B.69, subdivision 6; proposing coding for new law in Minnesota Statutes, chapter 62Q.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. [62Q.83]
PRESCRIPTION DRUG BENEFIT TRANSPARENCY AND MANAGEMENT.
Subdivision 1. Definitions. (a) For purposes of this section, the
following terms have the meanings given them.
(b) "Drug" has the meaning
given in section 151.01, subdivision 5.
(c) "Enrollee contract term"
means the 12-month term during which benefits associated with health plan
company products are in effect. For
managed care plans and county-based purchasing plans under section 256B.69 and
chapter 256L, it means a single calendar quarter.
(d) "Formulary" means a list
of prescription drugs that have been developed by clinical and pharmacy experts
and represents the health plan company's
medically appropriate and cost-effective prescription drugs approved for use.
(e) "Health plan company" has
the meaning given in section 62Q.01, subdivision 4, and includes an entity that
performs pharmacy benefits management for the health plan company.
(f) "Pharmacy benefits
management" means the administration or management of prescription drug
benefits provided by the health plan company for the benefit of its enrollees
and may include but is not limited to procurement of prescription drugs,
clinical formulary development and management services, claims processing, and rebate
contracting and administration.
(g) "Prescription" has the
meaning given in section 151.01, subdivision 16a.
Subd. 2. Prescription
drug benefit disclosure. (a)
A health plan company that provides prescription drug benefit coverage and uses
a formulary must make its formulary and related benefit information available
by electronic means and, upon request, in writing at least 30 days prior to
annual renewal dates.
(b) Formularies must be organized and
disclosed consistent with the most recent version of the United States
Pharmacopeia's Model Guidelines.
(c) For each item or category of items
on the formulary, the specific enrollee benefit terms must be identified,
including enrollee cost-sharing and expected out-of-pocket costs.
Subd. 3. Formulary
changes. (a) Once a formulary
has been established, a health plan company may, at any time during the
enrollee's contract term:
(1) expand its formulary by adding
drugs to the formulary;
(2) reduce co-payments or coinsurance;
or
(3) move a drug to a benefit category
that reduces an enrollee's cost.
(b) A health plan company may remove a
brand name drug from its formulary or place a brand name drug in a benefit
category that increases an enrollee's cost only upon the addition to the
formulary of a generic or multisource brand name drug rated as therapeutically
equivalent according to the Food and Drug Administration (FDA) Orange Book or a
biologic drug rated as interchangeable according to the FDA Purple Book at a
lower cost to the enrollee and upon at least a 60-day notice to prescribers,
pharmacists, and affected enrollees.
(c)
A health plan company may change utilization review requirements or move drugs
to a benefit category that increases an enrollee's cost during the enrollee's
contract term upon at least a 60-day notice to prescribers, pharmacists, and
affected enrollees, provided that these changes do not apply to enrollees who
are currently taking the drugs affected by these changes for the duration of
the enrollee's contract term.
(d) A health plan company may remove
any drugs from its formulary that have been deemed unsafe by the FDA; that have
been withdrawn by either the FDA or the product manufacturer; or when an
independent source of research, clinical guidelines, or evidence-based standards
has issued drug-specific warnings or recommended changes in drug usage.
Sec. 2. Minnesota Statutes 2018, section 256B.69, subdivision 6, is amended to read:
Subd. 6. Service delivery. (a) Each demonstration provider shall be responsible for the health care coordination for eligible individuals. Demonstration providers:
(1) shall authorize and arrange for the provision of all needed health services including but not limited to the full range of services listed in sections 256B.02, subdivision 8, and 256B.0625 in order to ensure appropriate health care is delivered to enrollees. Notwithstanding section 256B.0621, demonstration providers that provide nursing home and community-based services under this section shall provide relocation service coordination to enrolled persons age 65 and over;
(2) shall accept the prospective, per capita payment from the commissioner in return for the provision of comprehensive and coordinated health care services for eligible individuals enrolled in the program;
(3) may contract with other health care and social service practitioners to provide services to enrollees; and
(4) shall institute recipient grievance procedures according to the method established by the project, utilizing applicable requirements of chapter 62D. Disputes not resolved through this process shall be appealable to the commissioner as provided in subdivision 11.
(b) Demonstration providers must comply with the standards for claims settlement under section 72A.201, subdivisions 4, 5, 7, and 8, when contracting with other health care and social service practitioners to provide services to enrollees. A demonstration provider must pay a clean claim, as defined in Code of Federal Regulations, title 42, section 447.45(b), within 30 business days of the date of acceptance of the claim.
(c) Managed care plans and county-based purchasing plans must comply with section 62Q.83."
Delete the title and insert:
"A bill for an act relating to health care coverage; requiring prescription drug benefit transparency and disclosure; amending Minnesota Statutes 2018, section 256B.69, subdivision 6; proposing coding for new law in Minnesota Statutes, chapter 62Q."
With the recommendation that when so amended the bill be re-referred to the State Government Finance Division without further recommendation.
The
report was adopted.
Carlson, L., from the Committee on Ways and Means to which was referred:
H. F. No. 1405, A bill for an act relating to energy; establishing the Clean Energy First Act; requiring electric utilities to meet resource needs using clean energy resources; amending Minnesota Statutes 2018, sections 216B.16, subdivisions 6, 13; 216B.1645, subdivisions 1, 2; 216B.1691, subdivision 9; 216B.2422, subdivisions 1, 2, 4, 5, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 216C.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. TITLE.
Sections 2 to 22 shall be referred to
as the "Clean Energy First Act."
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 2. Minnesota Statutes 2018, section 216B.16, subdivision 13, is amended to read:
Subd. 13. Economic
and community development. The
commission may allow a public utility to recover from ratepayers the expenses
incurred for (1) economic and community development, and (2) efforts
to maximize employment of local workers to construct and maintain generation
facilities that supply power to the utility's customers. The commission must, to the maximum extent
possible, prioritize the hiring of workers from communities hosting retiring
power plants, including but not limited to Becker, Monticello, Oak Park
Heights, and Red Wing.
Sec. 3. Minnesota Statutes 2018, section 216B.1645, subdivision 1, is amended to read:
Subdivision 1. Commission authority. Upon the petition of a public utility, the Public Utilities Commission shall approve or disapprove power purchase contracts, investments, or expenditures entered into or made by the utility to satisfy the wind and biomass mandates contained in sections 216B.169, 216B.2423, and 216B.2424, and to satisfy the renewable energy objectives and standards set forth in section 216B.1691, including reasonable investments and expenditures, net of revenues, made to:
(1) transmit the electricity generated from sources developed under those sections that is ultimately used to provide service to the utility's retail customers, including studies necessary to identify new transmission facilities needed to transmit electricity to Minnesota retail customers from generating facilities constructed to satisfy the renewable energy objectives and standards, provided that the costs of the studies have not been recovered previously under existing tariffs and the utility has filed an application for a certificate of need or for certification as a priority project under section 216B.2425 for the new transmission facilities identified in the studies;
(2) provide storage facilities for renewable
energy generation facilities that contribute to the reliability, efficiency, or
cost-effectiveness of the renewable facilities; or
(3) develop renewable energy sources from
the account required in section 116C.779.; or
(4) upgrade or modify existing
transmission facilities used primarily to transmit electricity generated by a
clean energy resource, as defined in section 216B.2422, subdivision 1,
paragraph (f), regardless of whether the public utility has satisfied the standards
set forth in section 216B.1691.
Sec. 4. Minnesota Statutes 2018, section 216B.1645, subdivision 2, is amended to read:
Subd. 2. Cost
recovery. (a) The expenses
incurred by the utility over the duration of the approved contract or useful
life of the investment and, expenditures made pursuant to section
116C.779 shall be, and efforts to maximize employment of local
workers to construct and maintain generation facilities that supply power to
the utility's customers are recoverable from the ratepayers of the utility,
to the extent they are not offset by utility revenues attributable to the
contracts, investments, or expenditures.
The commission must, to the maximum extent possible, prioritize the
hiring of workers from communities hosting retiring power plants, including but
not limited to Becker, Monticello, Oak Park Heights, and Red Wing.
(b) Upon petition by a public utility, the commission shall approve or approve as modified a rate schedule providing for the automatic adjustment of charges to recover the expenses or costs approved by the commission under subdivision 1, which, in the case of transmission expenditures, are limited to the portion of actual transmission costs that are directly allocable to the need to transmit power from the renewable sources of energy.
(c) The commission may not approve recovery of the costs for that portion of the power generated from sources governed by this section that the utility sells into the wholesale market.
Sec. 5. [216B.1682]
ELECTRICITY RATES; WEBSITE POSTING.
(a) A utility providing retail electric
service to customers in Minnesota must post on its website a copy of the
current rate schedules available to each customer class, including:
(1) the amount of any demand charge
that is paid monthly regardless of the amount of the customer's electricity
consumption;
(2) the amount paid per kilowatt-hour
of electricity consumed, including how the rate changes with the amount of
electricity consumed and the season or time of day when the electricity is
consumed, as applicable; and
(3) any other relevant factors, terms,
or conditions that directly impact a customer's bill, excluding rate riders.
(b) A utility must update the posted
rate schedules required under this section within 30 days of the date any change
is made.
(c) A utility must submit a copy of all
postings required under this section to the commission within 30 days of the
date the posting is made.
(d) Within 30 days of the date the
commission receives a posting under paragraph (c), the commission must post on
its website the most recent copy of the utility's rate schedule submitted to
the commission under this section.
EFFECTIVE
DATE; APPLICATION. This
section is effective the day following final enactment. A utility providing retail electric service
must comply with this section no later than September 1, 2020.
Sec. 6. [216B.1683]
UTILITY FINANCIAL INCENTIVES; BILL INSERTS.
(a) By September 1, 2020, and
continuing at least twice annually beginning in 2021, a utility providing
retail electric service to customers in Minnesota must include with each
customer's electricity bill, including bills delivered
electronically, information regarding financial incentives provided by the
utility to encourage customers to:
(1) implement energy conservation
improvements and measures that increase energy efficiency; and
(2)
use electricity that is generated from renewable energy sources.
(b) The utility must send a copy of the
information provided to customers under paragraph (a) to the commission.
(c) For the purposes of this section, the
following terms have the meanings given:
(1)
"energy conservation improvement" has the meaning given in section
216B.241, subdivision 1, paragraph (e);
(2) "energy efficiency" has the
meaning given in section 216B.241, subdivision 1, paragraph (f); and
(3) "renewable energy" has the
meaning given in section 216B.2422, subdivision 1, paragraph (c).
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 7. Minnesota Statutes 2018, section 216B.1691, subdivision 9, is amended to read:
Subd. 9. Local benefits. The commission shall take all reasonable actions within its statutory authority to ensure this section is implemented to maximize benefits to Minnesota citizens and local workers as defined in section 216B.2422, subdivision 1, balancing factors such as local ownership of or participation in energy production, local job impacts as defined in section 216B.2422, subdivision 1, development and ownership of eligible energy technology facilities by independent power producers, Minnesota utility ownership of eligible energy technology facilities, the costs of energy generation to satisfy the renewable standard, and the reliability of electric service to Minnesotans.
Sec. 8. [216B.1697]
ELECTRIC UTILITY REPORTS TO CUSTOMERS; GENERATION SOURCES AND ENVIRONMENTAL
IMPACTS.
(a) The commission must develop a
uniform reporting format that all utilities providing retail electric service
to customers in Minnesota must use to report to customers as required under
this section.
(b) By April 1, 2021, and by April 1
each year thereafter, a utility providing retail electric service to customers
in Minnesota must report the information required by this section for the
previous calendar year. The report must
be included in an easily understood presentation as part of a customer's
monthly electric bill.
(c) The uniform report format developed
by the commission must provide for reporting of the following information each
calendar year:
(1) the average proportion of each
technology or fuel source used to generate all electricity sold at retail to
the utility's Minnesota retail customers, including but not limited to coal,
natural gas, nuclear fuel, wind, solar, hydropower, solid waste incineration,
and biomass. Electricity purchased by a
utility from the Midcontinent Independent System Operator must reflect the
system's average fuel mix during the calendar year;
(2) for each megawatt-hour of
electricity sold by a utility to Minnesota retail customers, the average number
of pounds each of carbon dioxide, sulfur dioxide, and nitrogen oxides released
into the atmosphere as a result of generating the electricity. For electricity purchased by a utility from
the Midcontinent Independent System Operator, the commission must:
(i) determine default values for each
pollutant listed in this clause per megawatt-hour of electricity purchased;
(ii) share the default values with all
utilities subject to this section; and
(iii)
update the default values annually; and
(3) for each megawatt-hour of
electricity sold by a utility to Minnesota retail customers that is generated
from nuclear fuel, the number of pounds of nuclear waste produced.
(d) Within 15 days after the date the
information required under this section is distributed with a customer's
monthly bill, the utility compiling the information must place the information
on its website.
(e) A utility subject to this section
must forward a copy of the information required under this section to the
commission. The commission must place
the information on the commission's website and must update the information as
necessary.
EFFECTIVE
DATE; APPLICATION. This
section is effective the day following final enactment. The commission must develop the uniform
reporting format required under this section no later than January 1, 2021.
Sec. 9. Minnesota Statutes 2019 Supplement, section 216B.2422, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) For purposes of this section, the terms defined in this subdivision have the meanings given them.
(b) "Utility" means an entity with the capability of generating 100,000 kilowatts or more of electric power and serving, either directly or indirectly, the needs of 10,000 retail customers in Minnesota. Utility does not include federal power agencies.
(c) "Renewable energy" means electricity generated through use of any of the following resources:
(1) wind;
(2) solar;
(3) geothermal;
(4) hydro;
(5) trees or other vegetation;
(6) landfill gas; or
(7) predominantly organic components of wastewater effluent, sludge, or related by-products from publicly owned treatment works, but not including incineration of wastewater sludge.
(d) "Resource plan" means a set of resource options that a utility could use to meet the service needs of its customers over a forecast period, including an explanation of the supply and demand circumstances under which, and the extent to which, each resource option would be used to meet those service needs. These resource options include using, refurbishing, and constructing utility plant and equipment, buying power generated by other entities, controlling customer loads, and implementing customer energy conservation.
(e) "Refurbish" means to rebuild or substantially modify an existing electricity generating resource of 30 megawatts or greater.
(f) "Energy storage system" means a commercially available technology that:
(1) uses mechanical, chemical, or thermal processes to:
(i) store energy, including energy generated from renewable resources and energy that would otherwise be wasted, and deliver the stored energy for use at a later time; or
(ii) store thermal energy for direct use for heating or cooling at a later time in a manner that reduces the demand for electricity at the later time;
(2) is composed of stationary equipment;
(3) if being used for electric grid benefits, is operationally visible and capable of being controlled by the distribution or transmission entity managing it, to enable and optimize the safe and reliable operation of the electric system; and
(4) achieves any of the following:
(i) reduces peak or electrical demand;
(ii) defers the need or substitutes for an investment in electric generation, transmission, or distribution assets;
(iii) improves the reliable operation of the electrical transmission or distribution systems, while ensuring transmission or distribution needs are not created; or
(iv) lowers customer costs by storing energy when the cost of generating or purchasing it is low and delivering it to customers when the costs are high.
(g) "Clean energy resource" means renewable energy; an energy storage system; energy efficiency, as defined in section 216B.241, subdivision 1, paragraph (f); or load management, as defined in section 216B.241, subdivision 1, paragraph (k).
(h) "Carbon-free resource"
means a generation technology that, when operating, does not contribute to
statewide greenhouse gas emissions, as defined in section 216H.01, subdivision
2. Carbon-free resource does not include
a nuclear-powered electric generation facility operating in Minnesota on the
effective date of this act.
(i) "Nonrenewable energy
facility" means a generation facility, other than a nuclear facility, that
does not use a renewable energy or other clean energy resource.
(j) "Local job impacts" means
the impacts of an integrated resource plan, a certificate of need, a power
purchase agreement, or commission approval of a new or refurbished electric
generation facility on the availability of high‑quality construction and
mining employment opportunities for local workers.
(k) "Local workers" means
workers employed to construct and maintain energy infrastructure, or employed
in a mining industry, that are Minnesota residents, residents of the utility's
service territory, or who permanently reside within 150 miles of a proposed new
or refurbished energy facility.
Sec. 10. Minnesota Statutes 2018, section 216B.2422, subdivision 2, is amended to read:
Subd. 2. Resource plan filing and approval. (a) A utility shall file a resource plan with the commission periodically in accordance with rules adopted by the commission. The commission shall approve, reject, or modify the plan of a public utility, as defined in section 216B.02, subdivision 4, consistent with the public interest.
(b) In the resource plan proceedings of all other utilities, the commission's order shall be advisory and the order's findings and conclusions shall constitute prima facie evidence which may be rebutted by substantial evidence in all other proceedings. With respect to utilities other than those defined in section 216B.02, subdivision 4, the commission shall consider the filing requirements and decisions in any comparable proceedings in another jurisdiction.
(c) As a part of its resource plan filing,
a utility shall include the least cost plan for meeting 50 and, 75,
and 100 percent of all energy needs from both new and refurbished
generating facilities through a combination of conservation clean
energy and renewable energy carbon-free resources.
Sec. 11. Minnesota Statutes 2018, section 216B.2422, is amended by adding a subdivision to read:
Subd. 2d. Seasonal
operations analysis. (a) Each
utility required to file a resource plan under subdivision 2 must include in
the plan an analysis of the economic and environmental costs and benefits of
operating each of its coal-fired electric generating units on a seasonal basis. The analysis must include:
(1) an estimate of the amount of excess
generating capacity on the utility's grid for each of the next three years;
(2) a list of the dates on which each
coal-fired electric generating unit was not committed to the Midcontinent
Independent System Operator as a result of economics for the three most recent
years;
(3) a comparison of the estimated
reduction in variable costs to operate each unit on a seasonal basis for each
of the next three years, including but not limited to operations costs,
maintenance costs, and capital expenditures, with the concomitant reduction in
revenues;
(4) the estimated reduction in carbon
dioxide and criteria pollutant emissions at units operating on a seasonal basis
for each of the next three years, and projections of the economic value of
those reductions calculated using the environmental costs established by the
commission under subdivision 3;
(5) the impact of seasonal operation on
the reliability of the utility's grid;
(6) the impact of different Midcontinent
Independent System Operator auction clearing prices on the economics of
seasonal operation;
(7) how seasonal operations might
require modification in order to comply with Midcontinent Independent System
Operator and Federal Energy Regulatory Commission rules and regulations;
(8) additional operational flexibility
that may be required in order to meet contingencies that develop under seasonal
operation; and
(9) any other information requested by
the commission.
(b) For the purposes of this
subdivision, "seasonal operation" or "seasonal basis" means
operating a coal-fired electric generating unit only during the months of June
through August and December through February, while retaining the ability to
restart the idled plant in other months.
EFFECTIVE
DATE. This section is
effective January 1, 2021, and applies to any integrated resource plan filed on
or after that date.
Sec. 12. Minnesota Statutes 2018, section 216B.2422, subdivision 3, is amended to read:
Subd. 3. Environmental costs. (a) The commission shall, to the
extent practicable, quantify and establish a range of environmental costs associated
with each method of electricity generation.
A utility shall use the values established by the commission in
conjunction with other external factors, including socioeconomic costs, when
evaluating and selecting resource options in all proceedings before the
commission, including power purchase agreement, resource plan, and
certificate of need proceedings. When
evaluating resource options, the commission must include and consider the
environmental cost values adopted under this subdivision. When considering the costs of a nonrenewable
energy facility under this section, the commission must consider only nonzero
values for the environmental costs that must be analyzed under this
subdivision, including both the low and high values of any cost range adopted
by the commission.
(b) The commission shall establish interim environmental
cost values associated with each method of electricity generation by March 1,
1994. These values expire on the date
the commission establishes environmental cost values under paragraph (a).
Sec. 13. Minnesota Statutes 2018, section 216B.2422, is amended by adding a subdivision to read:
Subd. 3a.
Favored electricity resources;
state policy. It is the
policy of the state that, in order to hasten the achievement of the greenhouse
gas reduction goals under section 216H.02, the renewable energy standard under
section 216B.1691, subdivision 2a, and the solar energy standard under section
216B.1691, subdivision 2f, and given the significant and continuing reductions
in the cost of wind technologies, solar technologies, energy storage systems,
and demand-response technologies, the favored method to meet electricity demand
in Minnesota is a combination of clean energy resources.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 14. Minnesota Statutes 2018, section 216B.2422, is amended by adding a subdivision to read:
Subd. 3b.
Nonrenewable energy facility;
required analysis. (a) In an
application requesting the commission to approve the construction,
refurbishing, or purchase of energy or capacity from a nonrenewable energy
facility in an integrated resource plan, a power purchase agreement, or any
other proceeding, a utility must include, at a minimum, the information
required under this subdivision.
(b) A utility must include plans to meet 50, 75, and 100
percent of the energy or capacity provided by the proposed nonrenewable energy
facility using the least costly combination of clean energy and carbon-free
resources.
(c) When analyzing costs under this subdivision, a
utility must include the environmental costs most recently adopted by the
commission for carbon dioxide emissions and criteria air pollutants, and
socioeconomic costs required under subdivision 3, using both the low and high
ends of any cost range adopted by the commission. When considering the costs of a nonrenewable
energy facility under this section, the commission must consider only nonzero
values for the environmental costs that must be analyzed under subdivision 3,
including both the low and high values of any cost range adopted by the
commission.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 15. Minnesota Statutes 2018, section 216B.2422, subdivision 4, is amended to read:
Subd. 4. Preference for renewable energy facility
clean energy resources. (a)
In order to achieve the greenhouse gas reduction goals under section 216H.02,
and the renewable and solar energy standards under section 216B.1691, the
commission shall not (1) approve a new or refurbished nonrenewable
energy facility in an integrated
resource
plan or a certificate of need, pursuant to under section 216B.243,
nor shall the commission or in any proceeding in which a utility seeks
to construct an electric generating facility or procure electricity or
capacity, (2) approve a power purchase agreement for power with a nonrenewable
energy facility, or (3) allow rate recovery pursuant to under
section 216B.16 for such a nonrenewable energy facility, unless the utility has
demonstrated by clear and convincing evidence that a renewable energy
facility, alone or in combination with other clean energy resources, is
not in the public interest. When
making the public interest determination, the commission must consider:
(1) whether the resource plan helps the
utility achieve the greenhouse gas reduction goals under section 216H.02, the
renewable energy standard under section 216B.1691, or the solar energy standard
under section 216B.1691, subdivision 2f;
(2) impacts on local and regional grid
reliability;
(3) utility and ratepayer impacts
resulting from the intermittent nature of renewable energy facilities,
including but not limited to the costs of purchasing wholesale electricity in
the market and the costs of providing ancillary services; and
(4) utility and ratepayer impacts
resulting from reduced exposure to fuel price volatility, changes in
transmission costs, portfolio diversification, and environmental compliance
costs.
(b) In order to find that a renewable
energy facility, alone or in combination with other clean energy resources, is
not in the public interest, the commission must find by clear and convincing
evidence that utilizing renewable or clean energy resources to meet the need
for resources cannot be done affordably or reliably.
(c) To determine affordability, the
commission must consider utility and ratepayer effects resulting from:
(1) the intermittent nature of
renewable energy facilities, including but not limited to the costs to purchase
wholesale electricity in the market and the costs to provide ancillary
services;
(2) reduced exposure to fuel price
volatility and changes in transmission and distribution costs, portfolio
diversification, and environmental compliance costs; and
(3) other environmental costs of a
nonrenewable energy facility, as determined by the commission under subdivision
3.
(d) To determine reliability, the
commission must consider:
(1) effects on regional grid
reliability; and
(2) the ability of the proposed energy
resources or facilities to provide:
(i) essential reliability services,
including frequency response, balancing services, and voltage control; and
(ii) energy and capacity.
(e) When considering the costs of a
nonrenewable energy facility under this section, the commission must consider
only nonzero values for the environmental costs that must be analyzed under
subdivision 3, including both the low and high values of any cost range adopted
by the commission.
(f)
The commission must make a written determination of its findings and
conclusions regarding affordability and reliability under this subdivision. The commission must also make a written
determination as to whether the energy resources approved by the commission: (1) help the state achieve the greenhouse gas
reduction goals under section 216H.02; or (2) help the utility achieve the
renewable energy standard under section 216B.1691 or the solar energy standard
under section 216B.1691, subdivision 2f.
(g) If the commission approves a
resource plan that includes the retirement of a nonrenewable energy facility
owned by a public utility, the public utility shall own at least an amount of
the accredited capacity of clean energy resources equal to the percentage of
the retiring nonrenewable energy facility that remains undepreciated multiplied
by the accredited capacity of the retiring facility, and owns the transmission
and other facilities necessary to replace the accredited capacity of the
retiring facility, provided:
(1) the utility demonstrates its
ownership of replacement resources is in the public interest, considering
customer impacts and benefits; and
(2) the resource plan results in the
utility meeting the following standards:
(i) for an electric utility that owned a
nuclear generating facility as of January 1, 2007, at least 85 percent of its
electric supply by the year 2030 and until 2045, and 100 percent of its
electric supply by the year 2045 and thereafter, is generated by resources that
do not contribute to statewide greenhouse gas emissions, as defined in section
216H.01, subdivision 2; and
(ii) for an electric utility that did
not own a nuclear generating facility as of January 1, 2007, at least 80
percent of its electric supply by the year 2030 and until 2050, and 100 percent
of its electric supply by the year 2050 and thereafter, is generated by
resources that do not contribute to statewide greenhouse gas emissions, as
defined in section 216H.01, subdivision 2.
(h) Nothing in this section impacts a
utility's decision to continue operating a nuclear facility that is generating
energy in Minnesota as of June 1, 2020. If
a decision is made to retire an existing nuclear unit, the process in
paragraphs (a) to (g) applies to the process to identify replacement resources.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 16. Minnesota Statutes 2018, section 216B.2422, is amended by adding a subdivision to read:
Subd. 4a. Preference
for local job creation. As a
part of its resource plan filing, a utility must report on associated local job
impacts and the steps the utility and its energy suppliers and contractors are
taking to maximize the availability of construction employment opportunities
for local workers. The commission must
consider local job impacts and give preference to proposals that maximize the
creation of construction employment opportunities for local workers, consistent
with the public interest, when evaluating any utility proposal that involves
the selection or construction of facilities used to generate or deliver energy
to serve the utility's customers, including but not limited to an integrated
resource plan, a certificate of need, a power purchase agreement, or commission
approval of a new or refurbished electric generation facility. The commission must, to the maximum extent
possible, prioritize the hiring of workers from communities hosting retiring
power plants, including but not limited to Becker, Monticello, Oak Park
Heights, and Red Wing.
Sec. 17. Minnesota Statutes 2018, section 216B.2422, subdivision 5, is amended to read:
Subd. 5. Bidding; exemption from certificate of need proceeding. (a) A utility may select resources to meet its projected energy demand through a bidding process approved or established by the commission. A utility shall use the environmental cost estimates determined under subdivision 3 and consider local job impacts in evaluating bids submitted in a process established under this subdivision.
(b) Notwithstanding any other provision of this section, if an electric power generating plant, as described in section 216B.2421, subdivision 2, clause (1), is selected in a bidding process approved or established by the commission, a certificate of need proceeding under section 216B.243 is not required.
(c) A certificate of need proceeding is also not required for an electric power generating plant that has been selected in a bidding process approved or established by the commission, or such other selection process approved by the commission, to satisfy, in whole or in part, the wind power mandate of section 216B.2423 or the biomass mandate of section 216B.2424.
Sec. 18. Minnesota Statutes 2018, section 216B.2422, is amended by adding a subdivision to read:
Subd. 8. Transmission
planning in advance of generation retirement. A utility must identify in its
resource plan each nonrenewable resource on the utility's system that has a
depreciation term, probable service life, or operating license term that will
end within 15 years of the resource plan filing date. For each resource identified, the utility
must include in its resource plan an initial plan to (1) replace the resource
if retired, and (2) upgrade any transmission or other grid capabilities needed
to support the retirement of that resource.
Sec. 19. [216B.2427]
SEASONAL OPERATIONS; PILOT PROJECT PLAN.
(a) A public utility may file a plan, as
part of an integrated resource plan or via a separate filing, for the
commission to review and approve the public utility's implementation of a pilot
project to operate one or more of its coal-fired electric generating facilities
on a seasonal basis. The plan must
include:
(1) the analysis required under section
216B.2422, subdivision 2d;
(2) the proposed changes in operation
and the duration of the changes;
(3) a description of the data collected
from the pilot project;
(4) how the public utility proposes to
evaluate the data collected;
(5) protections employed by the public
utility to ensure the pilot project does not unreasonably increase rates to
ratepayers or negatively impact the utility's ability to provide reliable
electric service; and
(6) a schedule of reports made by the
public utility to the commission during and after the operation of the pilot
project, and the data and analyses contained in the reports.
(b) The commission may approve, modify,
or reject a plan. A public utility may
decide to not implement a plan modified by the commission.
(c) The commission may approve a plan if
it finds that the plan:
(1) produces useful information on the
costs and benefits of seasonal operations as a means of reducing the electric
utility's greenhouse gas emissions;
(2) does not jeopardize reliable
electric service to ratepayers; and
(3) does not unreasonably increase
electric rates.
(d) A public utility implementing an
approved pilot project under this section is authorized to recover prudently
incurred costs, including fuel costs, resulting from the plan's implementation.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 20. [216B.2428]
SEASONAL OPERATIONS; ENERGY CLAUSE ADJUSTMENT.
An electric utility may propose
seasonal operation of one or more of its coal-fired electric generating
facilities through an energy clause adjustment under section 216B.16,
subdivision 7.
Sec. 21. [216C.45]
POWER PLANT HOST COMMUNITY TRANSITION PLANNING.
The commissioner of commerce must
coordinate with the commissioner of labor and industry and the commissioner of
employment and economic development to develop plans, programs, and other
recommendations to mitigate the impacts on host communities and workers
resulting from the eventual retirement of large generation facilities. The commissioners must coordinate this work
with representatives of the local government units that host large generation
facilities; the workers at large generation facilities, including full-time
employees and contractors; and the utilities that own large generation
facilities.
Sec. 22. Minnesota Statutes 2018, section 216E.03, subdivision 10, is amended to read:
Subd. 10. Final decision. (a) No site permit shall be issued in violation of the site selection standards and criteria established in this section and in rules adopted by the commission. When the commission designates a site, it shall issue a site permit to the applicant with any appropriate conditions. The commission shall publish a notice of its decision in the State Register within 30 days of issuance of the site permit.
(b) No route permit shall be issued in violation of the route selection standards and criteria established in this section and in rules adopted by the commission. When the commission designates a route, it shall issue a permit for the construction of a high-voltage transmission line specifying the design, routing, right-of-way preparation, and facility construction it deems necessary, and with any other appropriate conditions. The commission may order the construction of high-voltage transmission line facilities that are capable of expansion in transmission capacity through multiple circuiting or design modifications. The commission shall publish a notice of its decision in the State Register within 30 days of issuance of the permit.
(c) The commission must not issue an
applicant a site permit to construct a large electric generating plant, or a
site permit amendment for a repowering project, as defined in section 216B.243,
subdivision 8, paragraph (b), unless the applicant certifies that all employees
constructing the project are paid, at a minimum, the prevailing wage rate, as
defined in section 177.42. This
paragraph also applies to a permit to construct or repower a large wind energy
conversion system, as defined in section 216F.01, subdivision 2, with a
capacity that exceeds 25 megawatts.
Sec. 23. Minnesota Statutes 2018, section 216E.04, subdivision 9, is amended to read:
Subd. 9. Final decision. (a) No site permit shall be issued in violation of the site selection standards and criteria established in this section and in rules adopted by the commission. When the commission designates a site, it shall issue a site permit to the applicant with any appropriate conditions. The commission shall publish a notice of its decision in the State Register within 30 days of issuance of the site permit.
(b) No route designation shall be made in violation of the route selection standards and criteria established in this section and in rules adopted by the commission. When the commission designates a route, it shall issue a permit for the construction of a high-voltage transmission line specifying the design, routing, right-of-way preparation, and facility construction it deems necessary and with any other appropriate conditions. The commission may order the construction of high-voltage transmission line facilities that are capable of expansion in transmission capacity through multiple circuiting or design modifications. The commission shall publish a notice of its decision in the State Register within 30 days of issuance of the permit.
(c)
The commission must not issue an applicant a site permit to construct a large
electric generating plant, or a site permit amendment for a repowering project,
as defined in section 216B.243, subdivision 8, paragraph (b), unless the
applicant certifies that all employees constructing the project are paid, at a
minimum, the prevailing wage rate, as defined in section 177.42. This paragraph also applies to a permit to
construct or repower a large wind energy conversion system, as defined in
section 216F.01, subdivision 2, with a capacity that exceeds 25 megawatts.
Sec. 24. Minnesota Statutes 2018, section 216F.04, is amended to read:
216F.04
SITE PERMIT.
(a) No person may construct an LWECS without a site permit issued by the Public Utilities Commission.
(b) Any person seeking to construct an LWECS shall submit an application to the commission for a site permit in accordance with this chapter and any rules adopted by the commission. The permitted site need not be contiguous land.
(c) The commission shall make a final decision on an application for a site permit for an LWECS within 180 days after acceptance of a complete application by the commission. The commission may extend this deadline for cause.
(d) The commission may place conditions in a permit and may deny, modify, suspend, or revoke a permit.
(e) The commission must not issue an
applicant a site permit to construct an LWECS with a nameplate capacity
exceeding 25 megawatts, or a site permit amendment for a repowering project, as
defined in section 216B.243, subdivision 8, paragraph (b), unless the applicant
certifies that all employees constructing the project are paid, at a minimum,
the prevailing wage rate, as defined in section 177.42.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 25. [216F.084]
WIND TURBINE LIGHTING SYSTEMS.
Subdivision 1. Definitions. (a) For the purposes of this section,
the following terms have the meanings given.
(b) "Duration" means the
length of time during which the lights of a wind turbine lighting system are
lit.
(c) "Intensity" means the
brightness of a wind turbine lighting system's lights.
(d) "Light-mitigating
technology" means a sensor-based system that reduces the duration or
intensity of wind turbine lighting systems by:
(1) using radio frequency or other sensors
to detect aircraft approaching one or more wind turbines, or detecting
visibility conditions at turbine sites; and
(2) automatically activating
appropriate obstruction lights until the lights are no longer needed by the
aircraft and are turned off or dimmed.
A light-mitigating technology may include an audio feature
that transmits an audible warning message to provide a pilot additional
information regarding a wind turbine the aircraft is approaching.
(e) "Repowering project" has
the meaning given in section 216B.243, subdivision 8, paragraph (b).
(f)
"Wind turbine lighting system" means a system of lights installed on
an LWECS that meets the applicable Federal Aviation Administration
requirements.
Subd. 2. Application. This section applies to an LWECS
issued a site permit or site permit amendment by the commission under section
216F.04 or a county that has assumed responsibility for issuing site permits
and site permit amendments for an LWECS under section 216F.08, provided that
the application for a site permit or a site permit amendment for an LWECS
repowering project is filed after July 1, 2020.
Subd. 3. Required
lighting system. (a) An LWECS
subject to this section must be equipped with a light‑mitigating
technology that meets the requirements established in Chapter 14 of the Federal
Aviation Administration's Advisory Circular 70/760-1, Obstruction Marking and
Lighting, as updated, unless the Federal Aviation Administration, after
reviewing the LWECS site plan, rejects the use of the light-mitigating
technology for the LWECS. A
light-mitigating technology installed on a wind turbine in Minnesota must be
purchased from a vendor approved by the Federal Aviation Administration.
(b) If the Federal Aviation
Administration, after reviewing the LWECS site plan, rejects the use of a light‑mitigating
technology for the LWECS under paragraph (a), the LWECS must be equipped with a
wind turbine lighting system that minimizes the duration or intensity of the
lighting system while maintaining full compliance with the lighting standards
established in Chapter 13 of the Federal Aviation Administration's Advisory
Circular 70/760-1, Obstruction Marking and Lighting, as updated.
Subd. 4. Exemptions. (a) The Public Utilities Commission or
a county that has assumed permitting authority under section 216F.08 must grant
an owner of an LWECS an exemption from the provisions of subdivision 3,
paragraph (a), if the Federal Aviation Administration denies the owner's
application to equip an LWECS with a light-mitigating technology.
(b) The Public Utilities Commission or
a county that has assumed permitting authority under section 216F.08 must grant
an owner of an LWECS an exemption from or an extension of time to comply with
the provisions of subdivision 3, paragraph (a), if, after notice and public
hearing, the owner of the LWECS demonstrates to the satisfaction of the
commission or county that:
(1) equipping an LWECS with a
light-mitigating technology is technically infeasible;
(2) equipping an LWECS with a
light-mitigating technology imposes a significant financial burden on the
permittee; or
(3) a vendor approved by the Federal
Aviation Administration cannot deliver a light-mitigating technology to the
LWECS owner in a reasonable amount of time.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 26. Minnesota Statutes 2018, section 216H.02, is amended by adding a subdivision to read:
Subd. 1b. Emissions-reduction
goals; transmission resources. It
is the policy of the state that sufficient electric transmission infrastructure
be constructed in a timely manner in order to facilitate the state's meeting
the greenhouse gas emissions reduction goals established in subdivision 1.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 27. COORDINATED
ELECTRIC TRANSMISSION STUDY.
(a) The commissioner of commerce must
request the Midcontinent Independent System Operator (MISO) to conduct an
engineering study of the impacts on reliability and the estimated costs of
operational changes and enhancements to the transmission system necessary to
support increased use of carbon-free electrical generation sources for
Minnesota and throughout the MISO footprint, including the possible eventual
retirement of existing generation resources serving Minnesota customers.
(b) If the request is accepted, MISO is
responsible for completing the study work, with the support of the electric
utilities subject to transmission planning under Minnesota Rules, chapter 7848.
Prior to the start of the study, MISO
must appoint a technical review committee with experience and expertise in
electric transmission system engineering, power system operation, and renewable
and carbon-free energy technologies to review the study's proposed methods,
work plan, models, and preliminary and near final results. The technical review committee must be
chaired by a representative from MISO and include representatives from
Minnesota electric utilities, including one representative from a utility that
owns nuclear generation, one from a generation and transmission cooperative,
and one from a municipal utility. In
addition, MISO must work with state utility regulators, as well as stakeholders
from across the electricity industry, nongovernmental organizations, consumer
advocates, and labor representatives.
(c) To the extent possible, the study
must integrate and optimize the study and resulting potential transmission
projects with previous and current study efforts, coordinate with neighboring
regions to the MISO footprint and adjacent regional transmission organizations,
and identify barriers, challenges, and opportunities.
(d) The study must include but is not
limited to:
(1) establishing scenarios to study
increased carbon-free energy resources, energy storage, and retirement of
existing generation;
(2) identifying new power system
operating challenges, possible mitigation strategies, and areas where new
strategies are required but not yet discernible;
(3) developing conceptual level plans of
the required new and modified transmission, including time frames and
indicative cost;
(4) when ascertainable, identifying likely new significant transmission projects or modifications, including time frames and indicative cost; and
(5) identifying functional requirements
for and time frames when nontransmission technology may be needed to augment
the transmission in conceptual plan and the new projects or modifications.
(e)
The first meeting of the technical review committee must be held no later than
June 15, 2020, and the study completed, with a comprehensive report submitted
to the Public Utilities Commission, no later than December 1, 2021."
Delete the title and insert:
"A bill for an act relating to energy; establishing the Clean Energy First Act; requiring utilities to meet resource needs using clean energy resources; authorizing certain cost recovery; establishing a pilot project; requiring reports; amending Minnesota Statutes 2018, sections 216B.16, subdivision 13; 216B.1645, subdivisions 1, 2; 216B.1691,
subdivision 9; 216B.2422, subdivisions 2, 3, 4, 5, by adding subdivisions; 216E.03, subdivision 10; 216E.04, subdivision 9; 216F.04; 216H.02, by adding a subdivision; Minnesota Statutes 2019 Supplement, section 216B.2422, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 216B; 216C; 216F."
With the recommendation that when so amended the bill be re-referred to the Jobs and Economic Development Finance Division without further recommendation.
The
report was adopted.
Lesch from the Judiciary Finance and Civil Law Division to which was referred:
H. F. No. 1424, A bill for an act relating to commerce; establishing a student loan advocate; requiring licensure of student loan servicers; prohibiting certain practices in student loan servicing; requiring a report; appropriating money; proposing coding for new law as Minnesota Statutes, chapter 58B.
Reported the same back with the following amendments:
Page 1, after line 6, insert:
"Section 1. Minnesota Statutes 2018, section 13.712, is amended by adding a subdivision to read:
Subd. 7. Student loan servicers. Data collected, created, received, maintained, or disseminated under chapter 58B are governed by section 58B.11."
Page 2, line 20, delete "The commissioner must" and insert "The attorney general shall designate a student loan advocate within the Office of the Attorney General to provide timely assistance to borrowers and to effectuate this chapter."
Page 2, delete lines 21 and 22
Page 2, line 23, delete "must" and insert "shall have the following duties"
Page 4, line 7, delete "or"
Page 4, after line 7, insert:
"(5) the University of Minnesota; or"
Page 4, line 8, delete "(5)" and insert "(6)"
Page 8, line 13, delete "2019" and insert "2020"
Page 9, after line 17, insert:
"Subd. 10. Incorrect
information regarding student loan forgiveness. A student loan servicer must not
misrepresent the availability of student loan forgiveness for which the
servicer has reason to know the borrower is eligible. This includes but is not limited to student
loan forgiveness programs specific to military borrowers, borrowers working in
public service, or borrowers with disabilities.
Subd. 11. Compliance with servicer duties. A student loan servicer must comply with its duties and obligations under section 58B.06."
Page 11, delete section 10 and insert:
"Sec. 10. [58B.10]
ATTORNEY GENERAL ENFORCEMENT.
In addition to the penalties provided in
section 58B.09, a student loan servicer who is found to have violated section
58B.07, subdivisions 1 to 4 and 7, shall be deemed in violation of section
325F.69, subdivision 1, and the provisions of section 8.31 shall apply.
Sec. 11. [58B.11]
DATA PRACTICES.
Subdivision 1. Classification
of data. (a) Data collected,
created, received, maintained, or disseminated by the Office of the Attorney
General under this chapter are governed by section 13.65.
(b) Data collected, created, received,
maintained, or disseminated by the Department of Commerce under this chapter
are governed by section 46.07.
Subd. 2. Data
sharing. To the extent data
collected, created, received, maintained, or disseminated under this chapter
are not public data as defined by section 13.02, subdivision 8a, such data may,
when necessary to accomplish the purpose of this chapter, be shared between:
(1) the United States Department of
Education;
(2) the Office of Higher Education;
(3) the Department of Commerce;
(4) the Office of the Attorney General;
and
(5) any other local, state, and federal
law enforcement agencies.
Sec. 12. APPROPRIATION.
(a) $249,000 in fiscal year 2021 is
appropriated from the general fund to the commissioner of commerce to
administer the requirements of Minnesota Statutes, chapter 58B.
(b) $328,000 in fiscal year 2021 is appropriated from the general fund to the attorney general to administer the requirements of Minnesota Statutes, chapter 58B."
Page 11, delete line 15 and insert:
"Sections 1 to 6 and 8 to 13 are effective July 1, 2020."
Renumber the sections in sequence
Correct the title numbers accordingly
With the recommendation that when so amended the bill be re-referred to the State Government Finance Division.
The
report was adopted.
Hausman from the Housing Finance and Policy Division to which was referred:
H. F. No. 1918, A bill for an act relating to civil law; landlord and tenant; establishing termination of lease upon infirmity of tenant; proposing coding for new law in Minnesota Statutes, chapter 504B.
Reported the same back with the following amendments:
Page 2, after line 1, insert:
"(8) a state facility as defined in section 246.50;"
Page 2, line 2, delete "(8)" and insert "(9)"
Page 2, line 4, delete "(9)" and insert "(10)"
Page 3, delete lines 11 and 12 and insert:
"EFFECTIVE DATE. This section is effective January 1, 2021, and applies to leases entered into or renewed on or after January 1, 2021. For the purposes of this section, estates at will shall be deemed to be renewed at the commencement of each rental period."
With the recommendation that when so amended the bill be re-referred to the Judiciary Finance and Civil Law Division.
The
report was adopted.
Hausman from the Housing Finance and Policy Division to which was referred:
H. F. No. 1972, A bill for an act relating to real property; requiring tenant notice of grounds for eviction before action may be brought; amending Minnesota Statutes 2018, section 504B.321.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2018, section 504B.135, is amended to read:
504B.135
TERMINATING TENANCY AT WILL.
(a) A tenancy at will may be
terminated by either party by giving notice in writing. The time of the notice must be at least as
long as the interval between the time rent is due or three months, whichever is
less.
(b) If a tenant neglects or refuses to
pay rent due on a tenancy at will, the landlord may terminate the tenancy by
giving the tenant 14 days notice to quit in writing.
Sec. 2. Minnesota Statutes 2018, section 504B.321, is amended to read:
504B.321
COMPLAINT AND SUMMONS.
Subdivision 1. Procedure. (a) To bring an eviction action, the person complaining shall file a complaint with the court, stating the full name and date of birth of the person against whom the complaint is made, unless it is not known, describing the premises of which possession is claimed, stating the facts which authorize the recovery of possession, and asking for recovery thereof.
(b) The lack of the full name and date of birth of the person against whom the complaint is made does not deprive the court of jurisdiction or make the complaint invalid.
(c) The court shall issue a summons, commanding the person against whom the complaint is made to appear before the court on a day and at a place stated in the summons.
(d) The appearance shall be not less than seven nor more than 14 days from the day of issuing the summons, except as provided by subdivision 2.
(e) A copy of the complaint shall be attached to the summons, which shall state that the copy is attached and that the original has been filed.
(f)
If applicable, the person filing a complaint must attach a copy of the written
notice described in subdivision 1a.
The court shall dismiss an action without prejudice for failure to
provide a notice as described in subdivision 1a and grant an expungement of the
eviction case court file.
Subd. 1a. Written
notice. (a) Before bringing
an eviction action alleging nonpayment of rent, a landlord must provide written
notice to the residential tenant specifying the basis for a future eviction
action.
(b) For an allegation of nonpayment of
rent or other unpaid financial obligations in violation of the lease, the
landlord must include the following in a written notice:
(1) the total amount due;
(2) a specific accounting of the amount
of the total due that is comprised of unpaid rents, late fees, or other charges
under the lease; and
(3) the name and address of the person
authorized to receive rent and fees on behalf of the landlord.
(c) A notice provided under this
section must:
(1) provide a disclaimer that a
low-income tenant may be eligible for financial assistance from the county;
(2) provide a description on how to
access legal and financial assistance through the "Law Help" website
at www.lawhelpmn.org and "Minnesota 211" through its website at
www.211unitedway.org or by calling 211; and
(3) state that the landlord may bring
an eviction action following expiration of the 14-day notice period if the
tenant fails to pay the total amount due or fails to vacate.
(d) The landlord or an agent of the
landlord must deliver the notice personally or by first class mail to the
residential tenant at the address of the leased premises.
(e)
If the tenant fails to correct the rent delinquency within 14 days of the
delivery or mailing of the notice, or fails to vacate, the landlord may bring
an eviction action under subdivision 1 based on the nonpayment of rent.
(f) Receipt of a notice under this
section is an emergency situation under section 256D.06, subdivision 2, and
Minnesota Rules, chapter 9500. For
purposes of chapter 256J and Minnesota Rules, chapter 9500, a county agency
verifies an emergency situation by receiving and reviewing a notice under this
section. If a residential tenant applies
for financial assistance from the county, the landlord must cooperate with the
application process by:
(1) supplying all information and
documentation requested by the tenant or the county; and
(2) accepting or placing into escrow
partial rent payments where necessary to establish a tenant's eligibility for
assistance.
Subd. 2. Expedited procedure. (a) In an eviction action brought under section 504B.171 or on the basis that the tenant is causing a nuisance or other illegal behavior that seriously endangers the safety of other residents, their property, or the landlord's property, the person filing the complaint shall file an affidavit stating specific facts and instances in support of why an expedited hearing is required.
(b) The complaint and affidavit shall be reviewed by a referee or judge and scheduled for an expedited hearing only if sufficient supporting facts are stated and they meet the requirements of this paragraph.
(c) The appearance in an expedited hearing shall be not less than five days nor more than seven days from the date the summons is issued. The summons, in an expedited hearing, shall be served upon the tenant within 24 hours of issuance unless the court orders otherwise for good cause shown.
(d) If the court determines that the person seeking an expedited hearing did so without sufficient basis under the requirements of this subdivision, the court shall impose a civil penalty of up to $500 for abuse of the expedited hearing process."
Amend the title as follows:
Page 1, line 2, after the semicolon, insert "modifying termination of tenancy at will;"
Correct the title numbers accordingly
With the recommendation that when so amended the bill be re-referred to the Judiciary Finance and Civil Law Division.
The
report was adopted.
Mariani from the Public Safety and Criminal Justice Reform Finance and Policy Division to which was referred:
H. F. No. 2385, A bill for an act relating to public safety; modifying the schedules of controlled substances; amending Minnesota Statutes 2018, section 152.02, subdivisions 2, 3, 6.
Reported the same back with the recommendation that the bill be placed on the General Register.
The
report was adopted.
Carlson, L., from the Committee on Ways and Means to which was referred:
H. F. No. 2806, A bill for an act relating to corrections; establishing a Clemency Review Commission; modifying Board of Pardons procedures; making clarifying changes; amending Minnesota Statutes 2018, sections 638.01; 638.02, subdivisions 1, 2; 638.04; 638.06; 638.07; 638.075; 638.08.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2018, section 638.01, is amended to read:
638.01
BOARD OF PARDONS; HOW CONSTITUTED; POWERS.
The Board of Pardons shall consist of the
governor, the chief justice of the supreme court, and the attorney general. The governor, in conjunction with the
board, may grant pardons and reprieves and commute the sentence
of any person convicted of any offense against under the laws of the
this state, in the manner and under the conditions and rules
hereinafter prescribed, but not otherwise in this chapter.
Sec. 2. [638.09]
CLEMENCY REVIEW COMMISSION.
(a) Notwithstanding the provisions of
chapter 15, the Clemency Review Commission is established to review
applications for pardons or commutations before they are considered by the
Board of Pardons. By majority vote, the
commission shall make a recommendation on each eligible application as to
whether it should be granted or denied. The
commission shall provide its recommendations to the board with the vote of each
commission member reported in writing.
(b) The commission shall consist of nine
members, each serving a four-year term. The
governor, the attorney general, and the chief justice of the supreme court
shall each appoint three members and replace members upon expiration of the
members' terms. In the event of a
vacancy, the board member who selected the previous incumbent shall make an
interim appointment to expire at the end of the prior incumbent's four-year
term. A person may serve no more than
two terms on the commission, excluding interim appointments.
(c) The commission shall biennially
elect one of its members as chair and one as vice-chair. The chair of the commission shall serve as
secretary of the board.
(d) Each member of the commission shall
be compensated at the rate of $55 for each day or part thereof spent on
commission activities. Each member shall
be reimbursed for all reasonable expenses actually paid or incurred by that
member in the performance of official duties.
(e) The commission may obtain office
space and supplies and hire administrative staff to carry out its official
functions.
(f) At least six members of the
commission shall constitute a quorum for official administrative business.
Sec. 3. [638.10]
PARDONS AND COMMUTATIONS.
Subdivision 1. Pardons
and commutations. (a) The
Board of Pardons may pardon a criminal conviction imposed under the laws of
this state or commute a criminal sentence imposed by a court of this state to
time served or a lesser sentence. Every
pardon or commutation shall be in writing and shall have no force or effect
unless granted by a majority vote of the board with the governor in that
majority. Every conditional pardon shall
state the terms and conditions upon which it was granted and every commutation
shall specify the terms of the commuted sentence.
(b)
When granted, a pardon has the effect of setting aside the conviction and
purging the conviction from the person's record. The person then is not required to disclose
the conviction at any time or place other than in a judicial proceeding or as
part of the licensing process for peace officers.
Subd. 2. Eligibility
for a pardon. (a) Any person
convicted of a crime in any court of this state may apply for a pardon of the
person's conviction on or after five years from the date of the expiration of
the person's sentence or the date of the person's discharge. Upon a showing of unusual circumstances and
special need, the board may waive the required waiting period by a majority
vote with the governor in that majority.
(b) The Clemency Review Commission
shall review all requests for a waiver of the waiting period and make
recommendations by majority vote to the board.
Consideration of requests to waive the waiting period are exempt from
the meeting requirements of this chapter.
Subd. 3. Eligibility
for a commutation. (a) Any
person may apply for a commutation of an unexpired criminal sentence imposed by
a court of this state, including those confined in a correctional facility or
on probation, parole, supervised release, or conditional release. An application for commutation may not be
filed until the date that the person has served at least one-half of the
sentence imposed or on or after five years from the date of the conviction,
whichever is less. Upon a showing of
unusual circumstances and special need, the board may waive the required
waiting period by a majority vote with the governor in that majority.
(b) The commission shall review all
requests for a waiver of the waiting period and make recommendations by
majority vote to the board. Consideration
of requests to waive the waiting period are exempt from the meeting
requirements of this chapter.
Subd. 4. Filing
of a pardon or commutation. After
granting a pardon or commutation, the board shall file a copy of the pardon or
commutation with the district court of the county in which the conviction and
sentence were imposed. In the case of a
pardon, the court shall order the conviction set aside, include a copy of the
pardon in the court file, and send copies of the order and the pardon to the
Bureau of Criminal Apprehension. In the
case of a commutation, the court shall amend the sentence to reflect the
specific relief granted by the board, include a copy of the commutation in the
court file, and send copies of the amended sentencing order and commutation to
the commissioner of corrections and the Bureau of Criminal Apprehension.
Subd. 5. Reapplication. (a) Once an application for a pardon
or commutation has been considered and denied on the merits, no subsequent
application may be filed for five years after the date of the most recent
denial unless permission is granted from at least two board members. A person may request permission to reapply
prior to the expiration of the five-year period based only on new and
substantial information that was not and could not have been previously
considered by the board or the commission.
If a request to reapply contains new and substantial information, the
commission shall review the request and make a recommendation by majority vote
to the board. Consideration of requests
to reapply are exempt from the meeting requirements under this chapter.
(b) The denial or grant of an
application for a commutation of sentence does not preclude a person from later
seeking a pardon of the criminal conviction once the eligibility requirements
of subdivision 2 have been satisfied.
Sec. 4. [638.11]
APPLICATIONS.
(a) Each application for a pardon or
commutation shall be in writing, signed under oath by the applicant, and
contain a brief statement of the relief sought and the reasons why it should be
granted. The application shall also
contain the following information and any additional information that the
commission or board requires:
(1) the applicant's name, address, date
of birth, place of birth, and every alias by which the applicant is or has been
known;
(2)
the name of the offense for which relief is requested, the date and county of
conviction, the sentence imposed, and the expiration or discharge date of the
sentence;
(3) the names of the sentencing judge,
prosecuting attorney, and any victims of the offense;
(4) a brief description of the offense;
(5) the date and outcome of any prior
applications for a pardon or commutation;
(6) a statement of other felony or
gross misdemeanor convictions and any pending criminal charges or
investigations; and
(7) a statement by the applicant
consenting to the disclosure to the commission and the board of any private
data concerning the applicant contained in the application or in any other
record relating to the grounds on which the relief is sought, including
conviction and arrest records.
(b) Applications shall be made on forms
approved by the commission or the board and shall be filed with the commission
by the deadlines set by the commission or the board. The commission shall review applications for
completeness. Any application that is
considered incomplete shall be returned to the applicant who may then provide
the missing information and resubmit the application within a time period
prescribed by the commission.
Sec. 5. [638.12]
NOTIFICATIONS.
Subdivision 1. Notice
to victim. After receiving an
application for a pardon or commutation, the Clemency Review Commission shall
make all reasonable efforts to locate any victim of the applicant's crime. At least 30 days before the date of the
commission meeting at which the application shall be heard, the commission
shall notify any located victim of the application, of the time and place of
the meeting, and the victim's right to attend the meeting and submit an oral or
written statement to the commission.
Subd. 2. Notice
to sentencing judge and prosecuting attorney. At least 30 days before the date of
the commission meeting at which the application shall be heard, the commission
shall notify the sentencing judge and prosecuting attorney or their successors
of the application and solicit the judge's and attorney's views on whether
clemency should be granted.
Subd. 3. Notice
to applicant. Following its
initial investigation of an application for a pardon or commutation, the
commission shall notify the applicant of the scheduled date, time, and location
that the applicant shall appear before the commission for consideration.
Sec. 6. [638.13]
MEETINGS.
Subdivision 1. Commission
meetings. (a) The Clemency
Review Commission shall meet at least four times each year for one or more days
each meeting to hear eligible applications of pardons or commutations and make
recommendations to the board on each application. One or more of the meetings may be held at
facilities operated by the Department of Corrections. All commission meetings shall be open to the
public as provided in chapter 13D.
(b) Applicants for pardons or
commutations must appear before the commission either in person or through any
available form of telecommunication. The
victim of an applicant's crime may appear and speak at the commission's meeting
or submit a written statement to the commission. The commission may treat a victim's statement
as confidential and not disclose the statement to the applicant or the public
if there is or has been a recent order for
protection,
restraining order, or other no contact order prohibiting the applicant from
contacting the victim. In addition, any
law enforcement agency may appear and speak at the meeting or submit a written
statement to the commission, giving the agency's recommendation on whether
clemency should be granted or denied.
(c) The commission must consider any
statement provided by a victim or law enforcement agency when making its
recommendation on an application. Whenever
possible, the commission shall record its meetings by audio or audiovisual
means. Any recordings and statements
from victims or law enforcement agencies shall be provided to the board along
with the commission's recommendations.
(d) Not later than ten working days of
the date of its decision, the commission shall notify the applicant in writing
of its decision to recommend a grant or denial of clemency to the board.
Subd. 2. Board
meetings. (a) The board shall
meet at least two times each year to consider applications for pardons or
commutations that have received a favorable recommendation from the commission
and any other applications that have received further consideration from at
least one board member. Whenever the
commission recommends denial of an application and the board does not
disapprove or take other action with respect to that recommendation, it shall
be presumed that the board concurs with the adverse recommendation and that the
application has been considered and denied on the merits. All board meetings shall be open to the
public as provided in chapter 13D.
(b) Applicants, victims, and law
enforcement agencies may not submit oral or written statements at a board
meeting, unless the board requests additional testimony. The board shall consider any statements provided
to the commission when making a decision on an application for a pardon or
commutation.
(c) The commission shall notify the
applicant in writing of the board's decision to grant or deny clemency not
later than ten working days from the date of the board's decision.
Sec. 7. [638.14]
GROUNDS FOR RECOMMENDING CLEMENCY.
Subdivision 1. Factors. When making recommendations on
applications for pardons or commutations, the Clemency Review Commission shall
consider any factors the commission deems appropriate, including but not
limited to the following:
(1) the nature, seriousness,
circumstances, and age of the applicant's offense;
(2) the successful completion or
revocation of previous probation, parole, supervised release, or conditional
release;
(3) the number, nature, and
circumstances of the applicant's other criminal convictions;
(4) the extent to which the applicant
has demonstrated rehabilitation through postconviction conduct, character, and
reputation;
(5) the extent to which the applicant
has accepted responsibility, demonstrated remorse, and made restitution to
victims;
(6) whether the sentence is clearly
excessive in light of the applicant's offense, criminal history, and any
sentence received by an accomplice, with due regard given to any plea
agreement, the sentencing judge's views, and the sentencing ranges established
by law;
(7)
whether the applicant's age or medical status indicates that it is in the best
interest of society that the applicant receive clemency;
(8) recommendations from victims,
sentencing judges, and prosecuting attorneys;
(9) the applicant's asserted need for a
pardon or commutation, including family needs and barriers to housing or
employment created by the conviction; and
(10) the amount of time already served
by the applicant and the availability of other forms of judicial or
administrative relief.
Subd. 2. Denial
recommendation. The
commission may recommend denial without a hearing of an application for a
commutation when the applicant is presently challenging the conviction or
sentence through court proceedings, has failed to exhaust all available state
court remedies for challenging the sentence, or the matter should first be
considered by the parole authority.
Sec. 8. [638.15]
ACCESS TO RECORDS; ISSUANCE OF PROCESS.
Subdivision 1. Access
to records. Upon receipt of
an application for a pardon or commutation, the Board of Pardons or Clemency
Review Commission may request and obtain any relevant reports, data, and other
information from a district court, law enforcement agency, or state agency. The commission and board shall have access to
sealed court records, presentence investigation reports, police reports,
criminal history reports, prison records, and any other relevant information. District courts, law enforcement agencies,
and state agencies shall promptly respond to record requests from the
commission and the board.
Subd. 2. Legal
process. The commission and
the board may issue process requiring the presence of any person before them and
the production of papers, records, and exhibits in any pending matter. When any person is summoned before the
commission or the board, the person may be allowed compensation for travel and
attendance as the commission or the board may deem reasonable.
Sec. 9. [638.16]
RULES.
The Board of Pardons and the Clemency
Review Commission may adopt rules under chapter 14 for the effective
enforcement of their powers and duties.
Sec. 10. [638.17]
RECORDS.
The Clemency Review Commission shall
keep a record of every application received, its recommendation on each
application, and the final disposition of each application by the Board of
Pardons. The records and all the files
shall be kept by the commission and shall be open to public inspection at all
reasonable times, except for sealed court records, presentence investigation
reports, Social Security numbers, financial account numbers, driver's license
information, medical records, confidential Bureau of Criminal Apprehension
records, and confidential victim statements as provided in section 638.12.
Sec. 11. [638.18]
ANNUAL REPORTS TO LEGISLATURE.
By February 15 of each year, the
Clemency Review Commission shall submit a written report to the chairs and
ranking minority members of the house of representatives and senate committees
with jurisdiction over public safety, corrections, and judiciary containing at
a minimum the following information:
(1)
the number of applications for pardons and commutations received by the
commission during the preceding calendar year;
(2) the number of favorable and adverse
recommendations made by the commission for each category;
(3) the number of applications granted
and denied by the Board of Pardons for each category; and
(4) the crimes for which the applications
were granted by the board, the year of each conviction, and the age of the
offender at the time of the offense.
Sec. 12. REPEALER.
Minnesota Statutes 2018, sections
638.02; 638.03; 638.04; 638.05; 638.06; 638.07; 638.075; and 638.08, are repealed."
Delete the title and insert:
"A bill for an act relating to corrections; establishing the Clemency Review Commission; amending Minnesota Statutes 2018, section 638.01; proposing coding for new law in Minnesota Statutes, chapter 638; repealing Minnesota Statutes 2018, sections 638.02; 638.03; 638.04; 638.05; 638.06; 638.07; 638.075; 638.08."
With the recommendation that when so amended the bill be re-referred to the Judiciary Finance and Civil Law Division without further recommendation.
The
report was adopted.
Mariani from the Public Safety and Criminal Justice Reform Finance and Policy Division to which was referred:
H. F. No. 3069, A bill for an act relating to public safety; establishing the crime of assault by strangulation; repealing the crime of domestic assault by strangulation; amending Minnesota Statutes 2018, sections 243.167, subdivision 1; 609.2242, subdivision 3; Minnesota Statutes 2019 Supplement, sections 145A.061, subdivision 3; 245C.15, subdivision 1; 518.179, subdivision 2; 609.02, subdivision 16; 611A.036, subdivision 7; 624.712, subdivision 5; 631.52, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 609; repealing Minnesota Statutes 2018, section 609.2247.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Mariani from the Public Safety and Criminal Justice Reform Finance and Policy Division to which was referred:
H. F. No. 3108, A bill for an act relating to public safety; providing for immunity from prosecution for certain controlled substance and alcohol violations for sexual assault victim and persons assisting the victim; proposing coding for new law in Minnesota Statutes, chapter 604A.
Reported the same back with the following amendments:
Page 2, line 28, delete "2019" and insert "2020"
With the recommendation that when so amended the bill be re-referred to the Judiciary Finance and Civil Law Division.
The
report was adopted.
Hausman from the Housing Finance and Policy Division to which was referred:
H. F. No. 3348, A bill for an act relating to housing; prohibiting landlords from imposing certain fees; restricting entry by a landlord and amending fees for improper entry; authorizing court administrator to set conciliation court filing fees for recovery of possession actions; amending Minnesota Statutes 2018, sections 504B.211, subdivisions 2, 6; 504B.375, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 504B.
Reported the same back with the following amendments:
Page 2, delete section 4
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 3, delete everything after the semicolon
Page 1, delete line 4
Correct the title numbers accordingly
With the recommendation that when so amended the bill be re-referred to the Judiciary Finance and Civil Law Division.
The
report was adopted.
Hausman from the Housing Finance and Policy Division to which was referred:
H. F. No. 3349, A bill for an act relating to housing; amending the covenants implied in a residential lease; providing for tenants remedies against landlords for repairs; allowing a tenant to request emergency repairs from the court; amending Minnesota Statutes 2018, sections 504B.161, subdivision 1; 504B.381, subdivisions 1, 5, by adding a subdivision.
Reported the same back with the following amendments:
Page 2, after line 5, insert:
"Sec. 2. Minnesota Statutes 2018, section 504B.375, subdivision 1, is amended to read:
Subdivision 1. Unlawful exclusion or removal. (a) This section applies to actual or constructive removal or exclusion of a residential tenant which may include the termination of utilities or the removal of doors, windows, or locks. A residential tenant to whom this section applies may recover possession of the premises as described in paragraphs (b) to (e).
(b) The residential tenant shall present a verified petition to the district court of the judicial district of the county in which the premises are located that:
(1) describes the premises and the landlord;
(2) specifically states the facts and grounds that demonstrate that the exclusion or removal was unlawful, including a statement that no writ of recovery of the premises and order to vacate has been issued under section 504B.345 in favor of the landlord and against the residential tenant and executed in accordance with section 504B.365; and
(3) asks for possession.
(c) If it clearly appears from the specific grounds and facts stated in the verified petition or by separate affidavit of the residential tenant or the residential tenant's attorney or agent that the exclusion or removal was unlawful, the court shall immediately order that the residential tenant have possession of the premises.
(d) The residential tenant shall furnish security, if any, that the court finds is appropriate under the circumstances for payment of all costs and damages the landlord may sustain if the order is subsequently found to have been obtained wrongfully. In determining the appropriateness of security, the court shall consider the residential tenant's ability to afford monetary security.
(e) The court shall direct the order to the sheriff of the county in which the premises are located and the sheriff shall execute the order immediately by making a demand for possession on the landlord, if found, or the landlord's agent or other person in charge of the premises. If the landlord fails to comply with the demand, the officer shall take whatever assistance may be necessary and immediately place the residential tenant in possession of the premises. If the landlord, the landlord's agent, or other person in control of the premises cannot be found and if there is no person in charge, the officer shall immediately enter into and place the residential tenant in possession of the premises. The officer shall also serve the order and verified petition or affidavit immediately upon the landlord or agent, in the same manner as a summons is required to be served in a civil action in district court.
(f) The court administrator may charge a filing fee in the amount set for complaints and counterclaims in conciliation court, subject to the filing of an inability to pay affidavit."
Renumber the sections in sequence
Correct the title numbers accordingly
With the recommendation that when so amended the bill be re-referred to the Judiciary Finance and Civil Law Division.
The
report was adopted.
Mariani from the Public Safety and Criminal Justice Reform Finance and Policy Division to which was referred:
H. F. No. 3360, A bill for an act relating to public safety; appropriating money for violent crime enforcement teams.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. [145.9246]
SUBSTANCE USE DISORDER SERVICES GRANT PROGRAM.
(a) The commissioner of health shall
provide grants to individuals or organizations in greater Minnesota to:
(1) expand the availability of
substance use disorder services through establishing initial programming
efforts to begin an evidence-based program provided that a recipient identify
funding sources that are at least equal to the amount received from the
Department of Health and which will last at least two years;
(2) enhance or continue an existing
evidence-based approach that demonstrates results; or
(3) fund the planning phase occurring
prior to implementation of an evidence-based approach.
(b) In issuing grants, the commissioner
of health shall give priority to projects that:
(1) serve geographic areas that have
the highest crime rate;
(2) serve geographic areas that have
the highest concentration of disadvantaged youth;
(3) serve underserved or marginalized
populations; and
(4) demonstrate substantial involvement
in planning, implementation, and evaluation by members of the community served.
Sec. 2. [299A.625]
LOCAL VIOLENCE PREVENTION GRANT PROGRAM.
(a) The Office of Justice Programs
director shall award grants to local units of government or tribal governments
and the governments' community-based partners to implement local programs to
reduce gun violence and promote community-based efforts designed to enhance
community safety and wellness. Grant
recipients must employ strategies to interrupt, intervene in, or respond to
violence by working with perpetrators of violence, and victims of violent crime
or surviving family and friends with an emphasis on serving those impacted by
gun violence.
(b) Applicants shall identify either
the municipality or community-based partner as the grant recipient. Applicants may identify multiple
community-based partners, but shall identify the way in which money shall be
divided. Applicants must demonstrate an
evidence-based approach.
(c) Grant recipients may use money for:
(1) a planning phase for implementation
of an evidence-based approach;
(2) initial programming efforts to
begin an evidence-based program provided that a recipient identify funding
sources that are at least equal to the amount received from the grant and which
will last at least two years; or
(3)
enhancing or continuing an existing evidence-based approach that demonstrates
results.
(d) In awarding grants, the Office of
Justice Programs director shall give priority to projects that:
(1) serve geographic areas that have
the highest crime rates;
(2) serve geographic areas that have
the highest concentration of disadvantaged youth;
(3) serve underserved or marginalized
populations;
(4) provide culturally competent and
trauma informed programming;
(5) demonstrate substantial involvement
in planning, implementation, and evaluation by members of the community served;
and
(6) employ promising strategies based
on practice-based evidence or the lived experience of communities of color or
American Indians.
Sec. 3. [299A.627]
DOMESTIC ABUSE TRANSFORMATION PROGRAMS.
The Office of Justice Programs director
shall award grants to domestic abuse transformation programs that demonstrate
meaningful and effective programming to reduce and eliminate domestic abuse
within intimate partner relationships. The
eligibility requirements for grant recipients shall be developed by the
director in consultation with stakeholders impacted by domestic abuse and
working to end domestic abuse.
Sec. 4. REPORTS.
(a) The commissioner of public safety
shall report by December 31, 2021, to the chairs and ranking minority members
of the senate and house of representatives committees and divisions with
jurisdiction over criminal justice policy and funding on the local violence
prevention grant program under Minnesota Statutes, section 299A.625 and on the
substance abuse disorder services grant program under Minnesota Statutes,
section 145.9246.
(b) The commissioner of health shall
report by October 1, 2021, on the substance abuse disorder services grant program
to the commissioner of public safety for inclusion in the report to the
legislature under paragraph (a).
(c) The reports under paragraphs (a)
and (b) must include at a minimum information about each program on the total
number of requests for grants, outreach, assistance, and support, where the
requests originated, and the amount of the grant awarded for each successful
request.
Sec. 5. APPROPRIATIONS.
Subdivision 1. Public
Safety. $7,100,000 in fiscal
year 2021 is appropriated from the general fund to the commissioner of public
safety for the Office of Justice Programs.
Of this amount:
(1) $2,000,000 is for the domestic
abuse transformation grant program under Minnesota Statutes, section 299A.627;
(2) $2,100,000 is for the local
violence prevention grant program under Minnesota Statutes, section 299A.625,
with up to $100,000 of this amount for administration of the program;
(3) $2,000,000 is for grants to communities in greater Minnesota to develop violent crime enforcement teams and for the Office of Justice Programs to provide outreach, technical assistance, and program development support for small communities to access grants under Minnesota Statutes, section 299A.642; and
(4) $1,000,000 is for grants to youth
intervention programs under Minnesota Statutes, section 299A.73.
Subd. 2. POST
Board. $1,000,000 in fiscal
year 2021 is appropriated from the general fund to the Peace Officers Safety
and Training Board for grants to local law enforcement agencies in Hennepin and
Ramsey Counties for additional peace officer training.
Subd. 3. Department
of Health. $1,500,000 in
fiscal year 2021 is appropriated from the general fund to the commissioner of
health for the substance abuse disorder services grant program under Minnesota
Statutes, section 145.9246.
Subd. 4. Supreme court. $500,000 in fiscal year 2021 is appropriated from the general fund to the supreme court for treatment courts that operate in district courts and use evidence-based practices and qualified and trained staff to tailor appropriate services to support individuals in the judicial system who are addicted to alcohol or drugs, suffering from mental health issues, or both."
Delete the title and insert:
"A bill for an act relating to public safety; appropriating money for violent crime enforcement, domestic abuse prevention, and substance abuse prevention; providing for reports; proposing coding for new law in Minnesota Statutes, chapters 145; 299A."
With the recommendation that when so amended the bill be re-referred to the Judiciary Finance and Civil Law Division.
The
report was adopted.
Carlson, L., from the Committee on Ways and Means to which was referred:
H. F. No. 3375, A bill for an act relating to workforce development; appropriating money for a workforce training pilot project.
Reported the same back with the recommendation that the bill be placed on the General Register.
The
report was adopted.
Fischer from the Water Division to which was referred:
H. F. No. 3423, A bill for an act relating to environment; appropriating money for water quality standards for perfluoroalkyl and polyfluoroalkyl substances; authorizing rulemaking.
Reported the same back with the following amendments:
Page 1, line 7, delete "$......." and insert "$492,000"
Page 1, line 11, after "2023" insert ", and Minnesota Statutes, section 14.125, does not apply"
With the recommendation that when so amended the bill be re-referred to the Committee on Government Operations.
The
report was adopted.
Hausman from the Housing Finance and Policy Division to which was referred:
H. F. No. 3451, A bill for an act relating to housing; adding covenants of affordable housing deeds or instruments to list of exemptions; amending Minnesota Statutes 2018, section 500.20, subdivision 2a.
Reported the same back with the recommendation that the bill be placed on the General Register.
The
report was adopted.
Lesch from the Judiciary Finance and Civil Law Division to which was referred:
H. F. No. 3517, A bill for an act relating to public safety; expanding the scope of location tracking warrants; amending Minnesota Statutes 2018, section 626A.42, subdivisions 1, 2, 3, 5.
Reported the same back with the recommendation that the bill be placed on the General Register.
The
report was adopted.
Poppe from the Agriculture and Food Finance and Policy Division to which was referred:
H. F. No. 3533, A bill for an act relating to agriculture; modifying and updating certain provisions relating to real property; repealing obsolete provisions; making clarifying and technical changes; amending Minnesota Statutes 2018, sections 550.365, subdivision 2; 582.039, subdivision 2; 583.25; 583.26, subdivision 2; repealing Minnesota Statutes 2018, section 346.02.
Reported the same back with the following amendments:
Page 1, before line 8, insert:
"Section 1. Minnesota Statutes 2018, section 336.9-601, is amended to read:
336.9-601
RIGHTS AFTER DEFAULT; JUDICIAL ENFORCEMENT; CONSIGNOR OR BUYER OF ACCOUNTS,
CHATTEL PAPER, PAYMENT INTANGIBLES, OR PROMISSORY NOTES.
(a) Rights of secured party after default. After default, a secured party has the rights provided in this part and, except as otherwise provided in section 336.9-602, those provided by agreement of the parties. A secured party:
(1) may reduce a claim to judgment, foreclose, or otherwise enforce the claim, security interest, or agricultural lien by any available judicial procedure; and
(2) if the collateral is documents, may proceed either as to the documents or as to the goods they cover.
(b) Rights and duties of secured party in possession or control. A secured party in possession of collateral or control of collateral under section 336.7-106, 336.9-104, 336.9-105, 336.9-106, or 336.9-107 has the rights and duties provided in section 336.9-207.
(c) Rights cumulative; simultaneous exercise. The rights under subsections (a) and (b) are cumulative and may be exercised simultaneously.
(d) Rights of debtor and obligor. Except as otherwise provided in subsection (g) and section 336.9-605, after default, a debtor and an obligor have the rights provided in this part and by agreement of the parties.
(e) Lien of levy after judgment. If a secured party has reduced its claim to judgment, the lien of any levy that may be made upon the collateral by virtue of an execution based upon the judgment relates back to the earliest of:
(1) the date of perfection of the security interest or agricultural lien in the collateral;
(2) the date of filing a financing statement covering the collateral; or
(3) any date specified in a statute under which the agricultural lien was created.
(f) Execution sale. A sale pursuant to an execution is a foreclosure of the security interest or agricultural lien by judicial procedure within the meaning of this section. A secured party may purchase at the sale and thereafter hold the collateral free of any other requirements of this article.
(g) Consignor or buyer of certain rights to payment. Except as otherwise provided in section 336.9-607 (c), this part imposes no duties upon a secured party that is a consignor or is a buyer of accounts, chattel paper, payment intangibles, or promissory notes.
(h) Security
interest in collateral that is agricultural property; enforcement. A person may not begin to enforce a
security interest in collateral that is agricultural property subject to
sections 583.20 to 583.32 that has secured a debt of more than the amount
provided in section 583.24, subdivision 5, unless: a mediation notice under subsection (i) is
served on the debtor after a condition of default has occurred in the security
agreement and a copy served on the director of the agricultural Minnesota
extension service; and the debtor and creditor have completed mediation under
sections 583.20 to 583.32; or as otherwise allowed under sections 583.20 to
583.32.
(i) Mediation notice. A mediation notice under subsection (h) must contain the following notice with the blanks properly filled in.
"TO: ...(Name of Debtor)...
YOU HAVE DEFAULTED ON THE ...(Debt in Default)... SECURED BY AGRICULTURAL PROPERTY DESCRIBED AS ...(Reasonable Description of Agricultural Property Collateral). THE AMOUNT OF THE OUTSTANDING DEBT IS ...(Amount of Debt)...
AS A SECURED PARTY, ...(Name of Secured Party)... INTENDS TO ENFORCE THE SECURITY AGREEMENT AGAINST THE AGRICULTURAL PROPERTY DESCRIBED ABOVE BY REPOSSESSING, FORECLOSING ON, OR OBTAINING A COURT JUDGMENT AGAINST THE PROPERTY.
YOU HAVE THE RIGHT TO HAVE THE DEBT REVIEWED FOR MEDIATION. IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT WILL BE MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION, THIS DEBT WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED PARTY ENFORCES THE DEBT.
IF
YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE AGRICULTURAL MINNESOTA
EXTENSION SERVICE WILL PROVIDE AN ORIENTATION MEETING AND A FINANCIAL ANALYST
TO HELP YOU TO PREPARE FINANCIAL INFORMATION.
IF YOU DECIDE TO PARTICIPATE IN MEDIATION, IT WILL BE TO YOUR ADVANTAGE
TO ASSEMBLE YOUR FARM FINANCE AND OPERATION RECORDS AND TO CONTACT A COUNTY
EXTENSION OFFICE AS SOON AS POSSIBLE. MEDIATION
WILL ATTEMPT TO ARRIVE AT AN AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.
TO HAVE THE DEBT REVIEWED FOR MEDIATION YOU
MUST FILE A MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS AFTER YOU
RECEIVE THIS NOTICE. THE MEDIATION
REQUEST FORM IS AVAILABLE AT ANY COUNTY RECORDER'S OR COUNTY EXTENSION
OFFICE FROM THE DIRECTOR OF THE MINNESOTA EXTENSION SERVICE.
FROM: ...(Name and Address of Secured Party)...""
Page 2, line 2, strike "AGRICULTURAL" and insert "MINNESOTA"
Page 2, line 13, delete "FARMER LENDER MEDIATION PROGRAM" and insert "MINNESOTA EXTENSION SERVICE"
Page 2, after line 14, insert:
"Sec. 3. Minnesota Statutes 2018, section 559.209, is amended to read:
559.209
MEDIATION NOTICE AND CONDITIONS FOR AGRICULTURAL PROPERTY.
Subdivision 1. Requirement. A person may not begin to terminate a contract for deed under section 559.21 to purchase agricultural property subject to sections 583.20 to 583.32 for a remaining balance on the contract of more than the amount provided in section 583.24, subdivision 5, unless: (1) a mediation notice is served on the contract for deed purchaser after a default has occurred under the contract and a copy served on the director and the contract for deed vendor and purchaser have completed mediation under sections 583.20 to 583.32; or (2) as otherwise allowed under sections 583.20 to 583.32.
Subd. 2. Contents. A mediation notice must contain the following notice with the blanks properly filled in.
"TO: ....(Name of Contract for Deed Purchaser)....
YOU HAVE DEFAULTED ON THE CONTRACT FOR DEED OF THE AGRICULTURAL PROPERTY DESCRIBED AS ....(Size and Reasonable Location of Property, Not Legal Description). THE AMOUNT OF THE OUTSTANDING DEBT IS ....(Amount of Debt)....
AS THE CONTRACT FOR DEED VENDOR, ....(Contract for Deed Vendor).... INTENDS TO TERMINATE THE CONTRACT AND TAKE BACK THE PROPERTY.
YOU HAVE THE RIGHT TO HAVE THE CONTRACT FOR DEED DEBT REVIEWED FOR MEDIATION. IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT WILL BE MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION, THIS DEBT WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE CONTRACT FOR DEED VENDOR BEGINS REMEDIES TO ENFORCE THE DEBT.
IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR
OF THE AGRICULTURAL MINNESOTA EXTENSION SERVICE WILL PROVIDE AN
ORIENTATION MEETING AND A FINANCIAL ANALYST TO HELP YOU PREPARE FINANCIAL
INFORMATION. IF YOU DECIDE TO
PARTICIPATE IN MEDIATION,
IT WILL BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE AND OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE AS SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT AN AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.
TO HAVE THE CONTRACT FOR DEED DEBT REVIEWED
FOR MEDIATION YOU MUST FILE A MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14
DAYS AFTER YOU RECEIVE THE NOTICE. THE
MEDIATION REQUEST FORM IS AVAILABLE AT ANY COUNTY EXTENSION OFFICE FROM
THE DIRECTOR OF THE MINNESOTA EXTENSION SERVICE.
FROM: ....(Name and Address of Contract for Deed Vendor)....""
Page 2, line 31, strike "AGRICULTURAL" and insert "MINNESOTA"
Page 3, line 9, delete "FARMER LENDER MEDIATION PROGRAM" and insert "MINNESOTA EXTENSION SERVICE"
Renumber the sections in sequence
Correct the title numbers accordingly
With the recommendation that when so amended the bill be re-referred to the Judiciary Finance and Civil Law Division.
The
report was adopted.
Mariani from the Public Safety and Criminal Justice Reform Finance and Policy Division to which was referred:
H. F. No. 3675, A bill for an act relating to public safety; authorizing Department of Public Safety to accept grant funding.
Reported the same back with the recommendation that the bill be placed on the General Register.
The
report was adopted.
Mariani from the Public Safety and Criminal Justice Reform Finance and Policy Division to which was referred:
H. F. No. 3730, A bill for an act relating to public safety; giving a coroner or medical examiner access to the criminal justice data communications network for purposes of identifying unknown deceased persons; amending Minnesota Statutes 2018, section 299C.46, subdivision 3.
Reported the same back with the recommendation that the bill be re-referred to the Judiciary Finance and Civil Law Division.
The
report was adopted.
Mariani from the Public Safety and Criminal Justice Reform Finance and Policy Division to which was referred:
H. F. No. 3820, A bill for an act relating to public safety; expanding definition of metropolitan area for purposes of 911 emergency services; amending Minnesota Statutes 2018, sections 403.02, subdivision 16; 403.07, subdivision 2; 403.21, subdivisions 3, 12; 403.36, subdivision 1.
Reported the same back with the recommendation that the bill be placed on the General Register.
The
report was adopted.
Mariani from the Public Safety and Criminal Justice Reform Finance and Policy Division to which was referred:
H. F. No. 3837, A bill for an act relating to public safety; expanding the reporting of crimes motivated by bias; amending the crime of property damage motivated by bias; requiring the Peace Officer Standards and Training Board to update training in recognizing, responding to, and reporting crimes of bias; requiring law enforcement agencies to adopt standard policies regarding crimes motivated by bias; appropriating money; amending Minnesota Statutes 2018, sections 363A.06, subdivision 1; 609.595, subdivisions 1a, 2; 626.5531, subdivision 1; 626.8451, subdivision 1; 626.8469, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 626.
Reported the same back with the recommendation that the bill be re-referred to the Judiciary Finance and Civil Law Division.
The
report was adopted.
Mariani from the Public Safety and Criminal Justice Reform Finance and Policy Division to which was referred:
H. F. No. 3869, A bill for an act relating to crime; including the unauthorized copying of data stored in computers as computer theft; amending Minnesota Statutes 2018, sections 609.87, by adding a subdivision; 609.89, subdivision 1.
Reported the same back with the recommendation that the bill be placed on the General Register.
The
report was adopted.
Fischer from the Water Division to which was referred:
H. F. No. 3948, A bill for an act relating to natural resources; appropriating money to study storm water retention and infiltration.
Reported the same back with the recommendation that the bill be re-referred to the Environment and Natural Resources Finance Division.
The report was
adopted.
Mariani from the Public Safety and Criminal Justice Reform Finance and Policy Division to which was referred:
H. F. No. 3976, A bill for an act relating to public safety; establishing a task force on sentencing for aiding and abetting felony murder; requiring a report.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Government Operations.
The
report was adopted.
Mariani from the Public Safety and Criminal Justice Reform Finance and Policy Division to which was referred:
H. F. No. 4081, A bill for an act relating to public safety; setting the maximum term of incarceration for a gross misdemeanor at 364 days; amending Minnesota Statutes 2018, section 609.03; proposing coding for new law in Minnesota Statutes, chapter 609.
Reported the same back with the recommendation that the bill be placed on the General Register.
The
report was adopted.
Mariani from the Public Safety and Criminal Justice Reform Finance and Policy Division to which was referred:
H. F. No. 4137, A bill for an act relating to public safety; requiring intent for the crimes of repeated harassing conduct; amending Minnesota Statutes 2018, sections 609.79, subdivision 1; 609.795, subdivision 1; Minnesota Statutes 2019 Supplement, sections 504B.206, subdivision 1; 609.749, subdivisions 2, 3, 8; repealing Minnesota Statutes 2018, section 609.749, subdivision 1a; Minnesota Statutes 2019 Supplement, section 609.749, subdivision 1.
Reported the same back with the recommendation that the bill be re-referred to the Judiciary Finance and Civil Law Division.
The
report was adopted.
SECOND READING
OF HOUSE BILLS
H. F. Nos. 11, 741, 2385,
3375, 3451, 3517, 3675, 3820, 3869 and 4081 were read for the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The
following House Files were introduced:
Kiel introduced:
H. F. No. 4328, A bill for an act relating to agriculture; modifying a 2019 appropriation; amending Laws 2019, First Special Session chapter 1, article 1, section 2, subdivision 4.
The bill was read for the first time and referred to the Agriculture and Food Finance and Policy Division.
Pierson and Sauke introduced:
H. F. No. 4329, A bill for an act relating to education; adjusting appropriations to the Minnesota Children's Museum of Rochester; amending Laws 2019, First Special Session chapter 11, article 2, section 33, subdivision 12.
The bill was read for the first time and referred to the Education Finance Division.
Fabian introduced:
H. F. No. 4330, A bill for an act relating to taxation; property and local; establishing native prairie aid; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 477A.
The bill was read for the first time and referred to the Property and Local Tax Division.
Hansen, Becker-Finn, Lee, Ecklund and Wagenius introduced:
H. F. No. 4331, A bill for an act relating to agriculture; modifying provisions pertaining to the escape of farmed Cervidae; modifying identification requirements for farmed Cervidae; amending Minnesota Statutes 2018, section 35.155, subdivision 1; Minnesota Statutes 2019 Supplement, section 35.155, subdivision 6.
The bill was read for the first time and referred to the Agriculture and Food Finance and Policy Division.
Bahner, Persell, Moller, Dehn, Ecklund, Morrison, Richardson, Edelson, Acomb, Koegel, Pryor, Claflin, Youakim, Klevorn and Jordan introduced:
H. F. No. 4332, A bill for an act relating to elections; authorizing the delivery of absentee ballots in certain situations; amending Minnesota Statutes 2018, section 203B.11, subdivision 1.
The bill was read for the first time and referred to the Committee on Government Operations.
Swedzinski introduced:
H. F. No. 4333, A bill for an act relating to capital investment; appropriating money for capital improvements at the MERIT Center; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Capital Investment Division.
Wolgamott and West introduced:
H. F. No. 4334, A bill for an act relating to human services; establishing a 24-hour customized living service rate floor for certain facilities; amending Minnesota Statutes 2019 Supplement, sections 256B.4914, subdivision 6; 256S.203; proposing coding for new law in Minnesota Statutes, chapter 256S.
The bill was read for the first time and referred to the Long-Term Care Division.
Richardson, Liebling, Cantrell, Lien and Howard introduced:
H. F. No. 4335, A bill for an act relating to health insurance; codifying certain provisions of the Affordable Care Act; amending Minnesota Statutes 2018, sections 62A.04, subdivision 2; 62A.10, by adding a subdivision; 62A.65, by adding a subdivision; 62D.095, subdivisions 2, 3, 4, 5; 62Q.01, subdivision 2a; 62Q.46; 62Q.677, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 363A.
The bill was read for the first time and referred to the Committee on Commerce.
Richardson introduced:
H. F. No. 4336, A bill for an act relating to education; modifying postsecondary enrollment provisions; amending Minnesota Statutes 2018, section 124D.09, subdivisions 11, 12; Minnesota Statutes 2019 Supplement, section 124D.09, subdivision 9.
The bill was read for the first time and referred to the Committee on Education Policy.
Nelson, M.; Carlson, L.; Albright; Davids; Kresha; Lillie and Long introduced:
H. F. No. 4337, A bill for an act relating to state government finance; adjusting the calculation for the stadium general reserve account; requiring the commissioner of management and budget to notify the legislature before making changes to the stadium general reserve account; establishing a stadium payoff fund; transferring money; requiring the stadium payoff fund balance be used to redeem or defease the stadium appropriation bonds; amending Minnesota Statutes 2018, section 297E.021, subdivisions 3, 4, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 16A.
The bill was read for the first time and referred to the State Government Finance Division.
Erickson, Koznick and Gruenhagen introduced:
H. F. No. 4338, A bill for an act relating to education; increasing safe schools revenue; requiring a report; appropriating money; amending Minnesota Statutes 2018, sections 123B.61; 126C.44.
The bill was read for the first time and referred to the Committee on Education Policy.
Koegel, Koznick and Hornstein introduced:
H. F. No. 4339, A bill for an act relating to transportation; authorizing a pilot program to provide transit passes for social services organizations; requiring a report.
The bill was read for the first time and referred to the Transportation Finance and Policy Division.
Hansen introduced:
H. F. No. 4340, A bill for an act relating to transportation; providing for an investigation prior to revoking access to the driver and vehicle services information system; allowing an appeal after revocation; amending Minnesota Statutes 2018, section 171.12, subdivision 1a.
The bill was read for the first time and referred to the Transportation Finance and Policy Division.
Xiong, T., introduced:
H. F. No. 4341, A bill for an act relating to consumer protection; requiring debt collectors to provide information in the preferred language of the debtor; proposing coding for new law in Minnesota Statutes, chapter 332.
The bill was read for the first time and referred to the Committee on Commerce.
Torkelson introduced:
H. F. No. 4342, A bill for an act relating to natural resources; appropriating money to prepare feasibility study on voluntarily merging soil and water conservation districts and watershed districts.
The bill was read for the first time and referred to the Environment and Natural Resources Finance Division.
Lislegard introduced:
H. F. No. 4343, A bill for an act relating to taxation; property; limiting increases in valuation and taxation for homesteads owned by persons age 65 or older; amending Minnesota Statutes 2018, sections 273.11, subdivision 5, by adding a subdivision; 276.04, subdivision 2; Minnesota Statutes 2019 Supplement, section 273.121, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 273.
The bill was read for the first time and referred to the Property and Local Tax Division.
Franson introduced:
H. F. No. 4344, A bill for an act relating to transportation; designating a portion of marked Trunk Highway 29 in Douglas County as "Governor Knute Nelson Memorial Highway"; amending Minnesota Statutes 2018, section 161.14, by adding a subdivision.
The bill was read for the first time and referred to the Transportation Finance and Policy Division.
Franson and Anderson introduced:
H. F. No. 4345, A bill for an act relating to natural resources; modifying provisions for watershed districts; amending Minnesota Statutes 2018, section 103D.715, subdivision 1.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Franson and Anderson introduced:
H. F. No. 4346, A bill for an act relating to natural resources; modifying provisions for watershed districts; amending Minnesota Statutes 2018, section 103D.631, subdivision 2.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Franson and Anderson introduced:
H. F. No. 4347, A bill for an act relating to natural resources; modifying provisions for watershed districts; amending Minnesota Statutes 2018, section 103D.335, subdivision 19; repealing Minnesota Statutes 2018, section 103D.345, subdivisions 1, 2, 3.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Franson, Munson, Bahr, Masin, Gruenhagen, Urdahl, Runbeck, Baker, Mekeland, Lucero, Miller, Johnson, Anderson, Heinrich and Nelson, N., introduced:
H. F. No. 4348, A bill for an act relating to health; providing minimum safety standards for any vaccine required to enroll or remain enrolled in an elementary or secondary school; amending Minnesota Statutes 2018, section 121A.15, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Education Policy.
Persell, Davids and Sandstede introduced:
H. F. No. 4349, A bill for an act relating to natural resources; increasing civil penalties for violations of snowmobile and off-highway vehicle provisions; amending Minnesota Statutes 2018, section 84.775, subdivision 4; Minnesota Statutes 2019 Supplement, section 84.775, subdivision 1.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Lesch introduced:
H. F. No. 4350, A bill for an act relating to taxation; individual income; establishing a refundable tax credit for direct support professionals; proposing coding for new law in Minnesota Statutes, chapter 290.
The bill was read for the first time and referred to the Committee on Taxes.
Quam introduced:
H. F. No. 4351, A bill for an act relating to elections; creating a technology and cybersecurity account; providing for technology and cybersecurity maintenance; requiring election day registrants to cast provisional ballots; amending the process to register to vote in conjunction with submitting an absentee ballot; providing a penalty; making conforming changes; appropriating money; amending Minnesota Statutes 2018, sections 171.072; 201.061, subdivisions 1a, 3, 4; 201.121, subdivision 1; 201.225, subdivisions 2, 5; 203B.04, subdivision 4; 203B.07,
subdivision 3; 203B.08, subdivision 3; 203B.081, subdivision 3; 203B.121, subdivision 2; 204C.07, subdivision 3a; 204C.14, subdivision 1; 204C.32; 204C.33, subdivision 1; 204C.37; 205.065, subdivision 5; 205.185, subdivision 3; 205A.03, subdivision 4; 205A.10, subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 5; 204C; repealing Minnesota Statutes 2018, sections 135A.17, subdivision 2; 201.061, subdivision 7; 201.121, subdivision 3.
The bill was read for the first time and referred to the Committee on Government Operations.
Quam introduced:
H. F. No. 4352, A bill for an act relating to taxation; gross revenues; providing exemptions of certain payments received by certain nonprofits for the provider tax; amending Minnesota Statutes 2019 Supplement, section 295.53, subdivision 1.
The bill was read for the first time and referred to the Committee on Taxes.
Quam introduced:
H. F. No. 4353, A bill for an act relating to taxation; sales and use; providing an exemption for purchases made by certain nonprofit health care clinics; amending Minnesota Statutes 2019 Supplement, section 297A.70, subdivision 4.
The bill was read for the first time and referred to the Committee on Taxes.
Quam introduced:
H. F. No. 4354, A bill for an act relating to taxation; gross revenues; providing a credit against the provider tax for certain nonprofits; proposing coding for new law in Minnesota Statutes, chapter 295.
The bill was read for the first time and referred to the Committee on Taxes.
Morrison introduced:
H. F. No. 4355, A bill for an act relating to housing finance; appropriating money for a grant to Open Hands Foundation.
The bill was read for the first time and referred to the Housing Finance and Policy Division.
Petersburg introduced:
H. F. No. 4356, A bill for an act relating to transportation; designating a portion of marked Trunk Highway 13 in Waseca County as "Corporal Caleb L. Erickson Memorial Highway"; amending Minnesota Statutes 2018, section 161.14, by adding a subdivision.
The bill was read for the first time and referred to the Transportation Finance and Policy Division.
Lesch introduced:
H. F. No. 4357, A bill for an act relating to health care; prohibiting health care facilities or providers from denying services because patient refuses to sign a facility's consent form; amending Minnesota Statutes 2018, section 144.293, subdivision 2.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Lesch introduced:
H. F. No. 4358, A bill for an act relating to public safety; expressly prohibiting civilly committed sex offenders from possessing firearms; amending Minnesota Statutes 2018, section 624.713, subdivision 4; Minnesota Statutes 2019 Supplement, section 624.713, subdivision 1.
The bill was read for the first time and referred to the Public Safety and Criminal Justice Reform Finance and Policy Division.
Considine introduced:
H. F. No. 4359, A bill for an act relating to corrections; establishing a local correctional officers discipline procedures act; proposing coding for new law in Minnesota Statutes, chapter 641.
The bill was read for the first time and referred to the Judiciary Finance and Civil Law Division.
Stephenson introduced:
H. F. No. 4360, A bill for an act relating to parks and trails; appropriating money to acquire land for trail system along Elm Creek Greenway Corridor in Champlin.
The bill was read for the first time and referred to the Legacy Finance Division.
Backer introduced:
H. F. No. 4361, A bill for an act relating to natural resources; allowing landowner requests for review of public water inventory errors; amending Minnesota Statutes 2018, section 103G.201.
The bill was read for the first time and referred to the Water Division.
Backer introduced:
H. F. No. 4362, A bill for an act relating to higher education; modifying teacher shortage loan forgiveness eligibility to include nonpublic schools; amending Minnesota Statutes 2018, section 136A.1791, subdivision 1.
The bill was read for the first time and referred to the Higher Education Finance and Policy Division.
Backer introduced:
H. F. No. 4363, A bill for an act relating to human services; providing state-funded medical assistance and MinnesotaCare coverage for inmates of county jails; amending Minnesota Statutes 2018, sections 256B.055, subdivision 14; 256L.04, subdivision 12; 641.15, subdivision 2.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Backer introduced:
H. F. No. 4364, A bill for an act relating to corrections; requiring the state to reimburse counties for jail inmate medical costs; amending Minnesota Statutes 2018, section 641.15, subdivision 2, by adding a subdivision.
The bill was read for the first time and referred to the Public Safety and Criminal Justice Reform Finance and Policy Division.
Backer introduced:
H. F. No. 4365, A bill for an act relating to energy; appropriating money for an ammonia production pilot demonstration project.
The bill was read for the first time and referred to the Energy and Climate Finance and Policy Division.
Ecklund and Lislegard introduced:
H. F. No. 4366, A bill for an act relating to natural resources; appropriating money for campgrounds at Birch Lake Recreation Area.
The bill was read for the first time and referred to the Environment and Natural Resources Finance Division.
Daniels introduced:
H. F. No. 4367, A bill for an act relating to civil actions; modifying time limit for bringing health care provider actions; amending Minnesota Statutes 2018, section 541.076.
The bill was read for the first time and referred to the Judiciary Finance and Civil Law Division.
Bierman and Huot introduced:
H. F. No. 4368, A bill for an act relating to natural resources; ensuring access to discounted state park permits for those with permanent disabilities; amending Minnesota Statutes 2018, section 85.053, subdivision 7.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Christensen, Acomb, Bahner and Kunesh-Podein introduced:
H. F. No. 4369, A bill for an act relating to tourism; expanding membership on the Explore Minnesota Tourism Council; amending Minnesota Statutes 2018, section 116U.25.
The bill was read for the first time and referred to the Committee on Government Operations.
Bierman and Kiel introduced:
H. F. No. 4370, A bill for an act relating to human services; modifying provisions governing certified community behavioral health clinic payments; amending Minnesota Statutes 2019 Supplement, sections 245.735, subdivision 3; 256B.0625, subdivision 5m.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Marquart introduced:
H. F. No. 4371, A bill for an act relating to taxes; property and local; requiring additional information to be sent with the notice of proposed property taxes; amending Minnesota Statutes 2018, section 275.065, subdivision 3, by adding subdivisions.
The bill was read for the first time and referred to the Property and Local Tax Division.
Cantrell and Hamilton introduced:
H. F. No. 4372, A bill for an act relating to health care; modifying prompt payment requirements to health care providers; prohibiting discrimination against providers based on geographic location; modifying managed care organization's claims and payments to health care providers; amending Minnesota Statutes 2018, sections 62Q.735, subdivision 2; 62Q.736; 62Q.75, subdivisions 2, 3, 4; 256B.0625, subdivision 31; 256B.69, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 62K.
The bill was read for the first time and referred to the Committee on Commerce.
Lislegard and Davids introduced:
H. F. No. 4373, A bill for an act relating to taxation; providing a refundable film production tax credit; requiring reports; appropriating money; amending Minnesota Statutes 2018, section 297I.20, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 116U; 290.
The bill was read for the first time and referred to the Committee on Taxes.
Pinto introduced:
H. F. No. 4374, A bill for an act relating to human services; modifying the child care assistance provider reimbursement rates; amending Minnesota Statutes 2018, section 119B.13, subdivision 1.
The bill was read for the first time and referred to the Early Childhood Finance and Policy Division.
Pinto introduced:
H. F. No. 4375, A bill for an act relating to early childhood; appropriating money for early learning scholarships.
The bill was read for the first time and referred to the Early Childhood Finance and Policy Division.
Schultz introduced:
H. F. No. 4376, A bill for an act relating to employment; providing that covenants not to compete are void and unenforceable; providing for the protection of substantive provisions of Minnesota law to apply to matters arising in Minnesota; proposing coding for new law in Minnesota Statutes, chapter 181.
The bill was read for the first time and referred to the Committee on Labor.
Davids introduced:
H. F.
No. 4377, A bill for an act relating to capital investment; appropriating money
for acquisition of Niagara Cave.
The bill was read for the first time and referred to the Environment and Natural Resources Finance Division.
Masin, Cantrell and Mann introduced:
H. F. No. 4378, A bill for an act relating to taxation; property and local; authorizing the creation of a fire and ambulance special taxing district.
The bill was read for the first time and referred to the Property and Local Tax Division.
Davids introduced:
H. F. No. 4379, A bill for an act relating to capital investment; appropriating money for acquisition of Niagara Cave; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Capital Investment Division.
Long; Xiong, J.; Noor; Wolgamott; Mann; Halverson; Richardson; Davnie; Hassan; Gomez; Lippert; Dehn; Pinto; Koegel; Lee; Vang; Freiberg; Brand; Mariani; Claflin; Acomb; Moller; Youakim; Becker-Finn; Olson; Klevorn; Jordan; Christensen; Elkins; Huot; Ecklund; Sundin; Stephenson; Cantrell and Xiong, T., introduced:
H. F. No. 4380, A bill for an act relating to state government; establishing a political contribution voucher program; repealing the political contribution refund program; authorizing rulemaking; making conforming changes; appropriating money; amending Minnesota Statutes 2018, sections 10A.20, subdivision 3; 10A.34, subdivision 4; 289A.37, subdivision 2; 289A.50, subdivision 1; 290.01, subdivision 6; proposing coding for new law as Minnesota Statutes, chapter 10B; repealing Minnesota Statutes 2018, sections 10A.322, subdivision 4; 13.4967, subdivision 2; 290.06, subdivision 23.
The bill was read for the first time and referred to the Committee on Government Operations.
Long, Stephenson and Bierman introduced:
H. F. No. 4381, A bill for an act relating to energy; eliminating the renewable qualifying facility avoided cost pricing requirement; amending Minnesota Statutes 2018, section 216B.164, subdivision 4.
The bill was read for the first time and referred to the Energy and Climate Finance and Policy Division.
Her; Lee; Mann; Hassan; Gomez; Vang; Kunesh-Podein; Moller; Koegel; Xiong, T.; Christensen; Noor; Becker‑Finn; Dehn; Tabke; Wolgamott; Acomb; Wazlawik; Lillie; Considine; Mariani; Moran; Klevorn; Jordan; Howard; Richardson; Lesch; Hausman; Youakim and Hornstein introduced:
H. F. No. 4382, A bill for an act relating to courts; appropriating money to increase pay and reimbursement to interpreters.
The bill was read for the first time and referred to the Judiciary Finance and Civil Law Division.
Demuth introduced:
H. F. No. 4383, A bill for an act relating to education; defining and clarifying use of a pupil withdrawal agreement; amending Minnesota Statutes 2018, sections 121A.41, by adding a subdivision; 121A.47, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Education Policy.
Masin; Urdahl; Fischer; Carlson, L.; Nornes; Xiong, T.; Noor; Koegel; Kunesh-Podein; Theis; Considine; McDonald; Stephenson; Sauke; Long; Lippert; Hassan; Halverson; Xiong, J.; Pierson and Mariani introduced:
H. F. No. 4384, A bill for an act relating to education finance; increasing funding and modifying provisions for gifted and talented programs; amending Minnesota Statutes 2018, sections 120B.11, subdivision 5; 120B.15; 120B.20; 126C.10, subdivision 2b; proposing coding for new law in Minnesota Statutes, chapter 120B.
The bill was read for the first time and referred to the Committee on Education Policy.
Demuth, Theis, West and Kresha introduced:
H. F. No. 4385, A bill for an act relating to child protection; modifying interview and notice requirements; requiring the commissioner of human services to develop certain protocols and training; amending Minnesota Statutes 2018, sections 260C.219; 626.556, subdivisions 3d, 10e, by adding a subdivision; Minnesota Statutes 2019 Supplement, section 626.556, subdivision 10.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Schultz, Olson and Gruenhagen introduced:
H. F. No. 4386, A bill for an act relating to health; modifying nursing home exceptions for replacement beds by adding an exception for a facility in Duluth; amending Minnesota Statutes 2019 Supplement, section 144A.071, subdivision 4a.
The bill was read for the first time and referred to the Long-Term Care Division.
Kunesh-Podein, Becker-Finn, Considine, Bierman, Hassan, Mann, Gomez, Lee and Richardson introduced:
H. F. No. 4387, A bill for an act relating to education; prohibiting the use of American Indian mascots and logos; amending Minnesota Statutes 2018, section 124E.03, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 123B; 135A.
The bill was read for the first time and referred to the Committee on Education Policy.
Anderson and Franson introduced:
H. F. No. 4388, A bill for an act relating to taxation; individual income; establishing a subtraction for in-home day care providers; amending Minnesota Statutes 2018, section 290.0132, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Taxes.
Layman, Dettmer, Mariani, Novotny, Johnson, Grossell and Freiberg introduced:
H. F. No. 4389, A bill for an act relating to public safety; establishing a 911 telecommunicator working group to establish statewide standards for training and certification; requiring a report.
The bill was read for the first time and referred to the Public Safety and Criminal Justice Reform Finance and Policy Division.
Poston, Hamilton, Mekeland, Munson, Novotny, Bahr, Miller, Drazkowski, Fabian, Kiel and Theis introduced:
H. F. No. 4390, A bill for an act relating to agriculture; increasing the sales limit for the cottage foods license exemption; amending Minnesota Statutes 2018, section 28A.152, subdivisions 3, 5.
The bill was read for the first time and referred to the Agriculture and Food Finance and Policy Division.
Persell, Kunesh-Podein and Becker-Finn introduced:
H. F. No. 4391, A bill for an act relating to taxation; property and local; exempting certain tribal-owned property; amending Minnesota Statutes 2018, section 272.02, by adding a subdivision.
The bill was read for the first time and referred to the Property and Local Tax Division.
Quam, Hertaus, Gruenhagen, Munson and Drazkowski introduced:
H. F. No. 4392, A bill for an act relating to state government; changing certain state government operations; repealing state aid to PERA for MERF; modifying rulemaking process for construction rules; establishing zero‑based budgeting; adding constraints on contracting with exclusive representatives of state employees; conditional appropriation reductions; amending Minnesota Statutes 2018, sections 3.855, subdivision 2, by adding a subdivision; 16A.103, subdivision 1a; 16A.11, subdivision 3; 179A.20, by adding a subdivision; Minnesota Statutes 2019 Supplement, section 353.27, subdivision 3c; proposing coding for new law in Minnesota Statutes, chapters 14; 16A; repealing Minnesota Statutes 2019 Supplement, section 353.505.
The bill was read for the first time and referred to the Committee on Government Operations.
Kunesh-Podein; Xiong, J.; Becker-Finn; Lillie and Her introduced:
H. F. No. 4393, A bill for an act relating to capital investment; appropriating money for the Wakan Tipi Center in St. Paul; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Capital Investment Division.
Huot; Mariani; Cantrell; Hamilton; Bierman; Vang; Gomez; Xiong, T.; Olson; Klevorn; Schomacker; Fischer; Hornstein; Moran; Halverson; Schultz; Lillie; Her; Hassan; Ecklund and Edelson introduced:
H. F. No. 4394, A bill for an act relating to health; appropriating money for grants to nonprofit organizations to assist communities and individuals in healthy living initiatives; requiring a report.
The bill was read for the first time and referred to the Health and Human Services Finance Division.
Brand, Considine and Sundin introduced:
H. F. No. 4395, A bill for an act relating to human services; modifying criteria for discharging civilly committed patients; amending Minnesota Statutes 2018, sections 253B.18, subdivision 15; 253D.31.
The bill was read for the first time and referred to the Judiciary Finance and Civil Law Division.
Albright introduced:
H. F. No. 4396, A bill for an act relating to education; requiring a county board to notify a child's resident district and serving district of placement for care and treatment; modifying the definition of legal residence for a child with a disability placed in a foster facility; modifying the definition of legal residence for a child without a disability placed in a foster facility; amending Minnesota Statutes 2018, sections 125A.15; 125A.17; 125A.51.
The bill was read for the first time and referred to the Committee on Education Policy.
Brand, Freiberg, Long, Sandell and Edelson introduced:
H. F. No. 4397, A bill for an act relating to energy; providing for a revenue-neutral assessment on environmental emissions; providing for refundable FICA and property tax credits; providing for credits against income taxes to be paid as dividends; authorizing loans for energy efficiency and renewable energy projects; providing rulemaking authority; requiring reports; appropriating money; amending Minnesota Statutes 2018, sections 273.1392; 273.1393; 275.065, subdivision 3; 276.04, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 273; 290; proposing coding for new law as Minnesota Statutes, chapter 216I.
The bill was read for the first time and referred to the Energy and Climate Finance and Policy Division.
Brand, Lippert, Fischer and Considine introduced:
H. F. No. 4398, A bill for an act relating to waters; establishing a water quality and storage program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 103F.
The bill was read for the first time and referred to the Environment and Natural Resources Finance Division.
Gruenhagen, Davnie and Urdahl introduced:
H. F. No. 4399, A bill for an act relating to education finance; modifying the declining enrollment revenue formula; amending Minnesota Statutes 2019 Supplement, section 126C.10, subdivision 2d.
The bill was read for the first time and referred to the Education Finance Division.
Schultz and Olson introduced:
H. F. No. 4400, A bill for an act relating to capital investment; modifying the match requirement in the 2018 appropriation for renovation of the Historic Glensheen Estate; amending Laws 2018, chapter 214, article 1, section 2, subdivision 6.
The bill was read for the first time and referred to the Capital Investment Division.
Carlson, A., introduced:
H. F. No. 4401, A bill for an act relating to liquor; clarifying deliveries; amending Minnesota Statutes 2018, section 340A.504, subdivision 4.
The bill was read for the first time and referred to the Committee on Commerce.
Persell, Lesch and Ecklund introduced:
H. F. No. 4402, A bill for an act relating to taxation; property and local; extending eligibility for the disabled veteran homestead market value exclusion.
The bill was read for the first time and referred to the Property and Local Tax Division.
O'Neill, Franson, Johnson, Urdahl, Petersburg, Grossell, Haley, Garofalo, Green, Anderson, Demuth, Novotny and McDonald introduced:
H. F. No. 4403, A bill for an act relating to health; limiting use of funds for state-sponsored health programs for funding abortions.
The bill was read for the first time and referred to the Health and Human Services Finance Division.
O'Neill, Nash, Marquart, Boe, Bennett, Drazkowski, Pierson, Miller, Mekeland, Scott, Jurgens, Baker, Heintzeman, Dettmer, Albright, Kiel, Erickson, Neu, Swedzinski, Theis, Nornes, Gruenhagen, Poston, Fabian, Daniels, Robbins, Lueck, Koznick, Runbeck, Layman, Gunther, Lucero and Daudt introduced:
H. F. No. 4404, A bill for an act relating to health; limiting use of funds for state-sponsored health programs for funding abortions.
The bill was read for the first time and referred to the Health and Human Services Finance Division.
Baker introduced:
H. F. No. 4405, A bill for an act relating to capital investment; appropriating money for a recreation and education building for the Prairie Lakes Youth Program in Kandiyohi County; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Capital Investment Division.
Miller introduced:
H. F. No. 4406, A bill for an act relating to health; adding a disorder to the list of disorders to be tested for in the newborn screening program; amending Minnesota Statutes 2018, section 144.125, subdivision 2.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Erickson introduced:
H. F. No. 4407, A bill for an act relating to education finance; authorizing a fund transfer for Independent School District No. 333, Ogilvie.
The bill was read for the first time and referred to the Education Finance Division.
Erickson introduced:
H. F. No. 4408, A bill for an act relating to capital investment; appropriating money for improvements to the sanitary sewer system in the Garrison, Kathio, West Mille Lacs Lake Sanitary Sewer District; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Capital Investment Division.
Gomez; Her; Edelson; Jordan; Xiong, T.; Noor; Lee; Hassan; Kunesh-Podein and Moran introduced:
H. F. No. 4409, A bill for an act relating to family law; providing rights for blind parents; amending Minnesota Statutes 2018, sections 259.53, by adding a subdivision; 260C.201, by adding a subdivision; 518.1751, by adding a subdivision.
The bill was read for the first time and referred to the Judiciary Finance and Civil Law Division.
Bahr introduced:
H. F. No. 4410, A bill for an act relating to local government; providing for towns to adopt home rule charters; requiring a report; amending Minnesota Statutes 2018, sections 410.015; 410.04; 410.06; 410.11; 410.12, subdivisions 1, 2, 3, 5, 7; 410.15; 410.20; 410.24; 410.30; 410.33; proposing coding for new law in Minnesota Statutes, chapter 410.
The bill was read for the first time and referred to the Committee on Government Operations.
Becker-Finn introduced:
H. F. No. 4411, A bill for an act relating to game and fish; modifying Cervidae carcass transportation restrictions; amending Minnesota Statutes 2019 Supplement, section 97A.505, subdivision 8.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Erickson introduced:
H. F. No. 4412, A bill for an act relating to education; district grading policies; statewide assessments; amending Minnesota Statutes 2018, section 123B.06.
The bill was read for the first time and referred to the Committee on Education Policy.
Sundin introduced:
H. F. No. 4413, A bill for an act relating to workers' compensation; adopting recommendations of the 2020 Workers' Compensation Advisory Council; amending Minnesota Statutes 2018, sections 79A.02, subdivision 4; 79A.04, subdivision 2; 79A.06, subdivision 5; 79A.22, subdivision 13; 79A.24, subdivision 2; 176.011, subdivision 15; 176.102, subdivision 10; 176.111, subdivision 22; 176.135, subdivision 1; 176.185, by adding a subdivision; 176.223; Minnesota Statutes 2019 Supplement, sections 176.181, subdivision 2; 176.231, subdivisions 5, 6, 9, 9a; 176.2611, subdivision 5; 176.2612, subdivisions 1, 3; 176.275, subdivision 2; 176.285, subdivision 1; repealing Minnesota Statutes 2018, section 176.181, subdivision 6.
The bill was read for the first time and referred to the Committee on Government Operations.
Noor introduced:
H. F. No. 4414, A bill for an act relating to employment; modifying eligibility conditions for unemployment insurance and the use of sick leave benefits during an outbreak of a communicable disease; amending Minnesota Statutes 2018, section 268.085, subdivision 1; Minnesota Statutes 2019 Supplement, section 181.9413.
The bill was read for the first time and referred to the Committee on Labor.
Davnie, Youakim, Olson and Winkler introduced:
H. F. No. 4415, A bill for an act relating to education; requiring compensation for hourly employees for school days canceled due to COVID-19 during the 2019-2020 school year.
The bill was read for the first time and referred to the Committee on Education Policy.
Schultz, Olson and Winkler introduced:
H. F. No. 4416, A bill for an act relating to health insurance; requiring health plan companies to cover testing, treatment, and quarantines relating to COVID-19.
The bill was read for the first time and referred to the Committee on Commerce.
REPORT FROM THE COMMITTEE ON
RULES
AND LEGISLATIVE ADMINISTRATION
Winkler 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 Thursday, March 12,
2020 and established a prefiling requirement for amendments offered to the
following bill:
S. F. No. 3564.
MOTIONS AND RESOLUTIONS
Youakim moved that the name of
Kunesh-Podein be added as an author on H. F. No. 163. The motion prevailed.
Huot moved that the name of Youakim be
added as an author on H. F. No. 575. The motion prevailed.
Hausman moved that the name of Koznick be
added as an author on H. F. No. 598. The motion prevailed.
Swedzinski moved that the name of Drazkowski
be added as an author on H. F. No. 848. The motion prevailed.
Lesch moved that the name of Dehn be added
as an author on H. F. No. 1060.
The motion prevailed.
Lesch moved that the name of Dehn be added
as an author on H. F. No. 1061.
The motion prevailed.
Considine moved that the name of Mariani
be added as an author on H. F. No. 1254. The motion prevailed.
Stephenson moved that the name of
Lillie be added as an author on H. F. No. 1405. The motion prevailed.
Cantrell moved that the names of
Stephenson, Poston and Dehn be added as authors on
H. F. No. 1805. The
motion prevailed.
Morrison moved that the name of Acomb be
added as an author on H. F. No. 1992. The motion prevailed.
Vang moved that the name of Lillie be
added as an author on H. F. No. 2054. The motion prevailed.
Klevorn moved that the name of Kiel be
added as an author on H. F. No. 2182. The motion prevailed.
Mariani moved that the name of Huot be
added as an author on H. F. No. 2341. The motion prevailed.
Long moved that the name of Lesch be added
as an author on H. F. No. 2396.
The motion prevailed.
Heintzeman moved that his name be stricken
as an author on H. F. No. 2703.
The motion prevailed.
Cantrell moved that the name of Lillie be
added as an author on H. F. No. 2971. The motion prevailed.
Lesch moved that the name of Becker-Finn
be added as an author on H. F. No. 3010. The motion prevailed.
Dehn moved that the name of Her be added
as an author on H. F. No. 3068.
The motion prevailed.
Richardson moved that the name of Morrison
be added as an author on H. F. No. 3093. The motion prevailed.
Stephenson moved that the name of Klevorn
be added as an author on H. F. No. 3099. The motion prevailed.
Kunesh-Podein moved that the names of Her
and Hassan be added as authors on H. F. No. 3201. The motion prevailed.
Acomb moved that the name of Haley be
added as an author on H. F. No. 3206. The motion prevailed.
Morrison moved that the names of Pinto and
Mariani be added as authors on H. F. No. 3228. The motion prevailed.
Persell moved that the name of Lillie be
added as an author on H. F. No. 3299. The motion prevailed.
Kunesh-Podein moved that the name of
Bierman be added as an author on H. F. No. 3322. The motion prevailed.
Hausman moved that the names of Acomb and
Dehn be added as authors on H. F. No. 3326. The motion prevailed.
Persell moved that the name of Grossell be
added as an author on H. F. No. 3344. The motion prevailed.
Hassan moved that the name of Dehn be added
as an author on H. F. No. 3358.
The motion prevailed.
Morrison moved that the name of Acomb be
added as an author on H. F. No. 3398. The motion prevailed.
Acomb moved that the name of Moller be
added as an author on H. F. No. 3436. The motion prevailed.
Grossell moved that the names of
Marquart, Layman, Kiel, Kresha and Erickson be added as authors on
H. F. No. 3510. The
motion prevailed.
Youakim moved that the name of
Kunesh-Podein be added as an author on H. F. No. 3536. The motion prevailed.
Halverson moved that the names of Theis
and Stephenson be added as authors on H. F. No. 3551. The motion prevailed.
Lippert moved that the name of Brand be
added as an author on H. F. No. 3558. The motion prevailed.
Considine moved that the name of Poston be
added as an author on H. F. No. 3568. The motion prevailed.
Lesch moved that the name of Gomez be
added as an author on H. F. No. 3584. The motion prevailed.
Gomez moved that the name of Stephenson be
added as an author on H. F. No. 3643. The motion prevailed.
Koznick moved that his name be stricken as
an author on H. F. No. 3658.
The motion prevailed.
Moran moved that the name of Koznick be
added as an author on H. F. No. 3660. The motion prevailed.
Wolgamott moved that the name of Poston be
added as an author on H. F. No. 3671. The motion prevailed.
Lippert moved that the name of Persell be
added as an author on H. F. No. 3689. The motion prevailed.
Moran moved that the name of Mariani be
added as an author on H. F. No. 3736. The motion prevailed.
Lippert moved that the name of Poston be
added as an author on H. F. No. 3739. The motion prevailed.
McDonald moved that the name of Davids be
added as an author on H. F. No. 3806. The motion prevailed.
Mann moved that the name of Lippert be
added as an author on H. F. No. 3847. The motion prevailed.
Nelson, N., moved that the name of Lueck
be added as an author on H. F. No. 3860. The motion prevailed.
Pryor moved that the name of Noor be added
as an author on H. F. No. 3880.
The motion prevailed.
Xiong, J., moved that the name of Lillie
be added as an author on H. F. No. 3909. The motion prevailed.
Hausman moved that the name of Boe be
added as an author on H. F. No. 3937. The motion prevailed.
Bierman moved that the name of Acomb be
added as an author on H. F. No. 3955. The motion prevailed.
Hassan moved that her name be stricken as
an author on H. F. No. 3957.
The motion prevailed.
Vang moved that the name of Lillie be
added as an author on H. F. No. 3982. The motion prevailed.
Lislegard moved that the name of Davids be
added as an author on H. F. No. 3983. The motion prevailed.
Murphy moved that the name of Olson be
added as an author on H. F. No. 3992. The motion prevailed.
Huot moved that the name of Lillie be
added as an author on H. F. No. 3999. The motion prevailed.
Hausman moved that the name of Kiel be
added as an author on H. F. No. 4027. The motion prevailed.
Tabke moved that the name of Long be added
as an author on H. F. No. 4049.
The motion prevailed.
Noor moved that the name of Hassan be
added as an author on H. F. No. 4088. The motion prevailed.
Daudt moved that the names of Erickson and
Novotny be added as authors on H. F. No. 4093. The motion prevailed.
Mahoney moved that the names of Koegel,
Stephenson and Cantrell be added as authors on
H. F. No. 4100. The
motion prevailed.
Brand moved that the name of Poston be
added as an author on H. F. No. 4102. The motion prevailed.
Becker-Finn moved that the names of
Kunesh-Podein and Persell be added as authors on
H. F. No. 4117. The
motion prevailed.
Noor moved that the name of Hassan be
added as an author on H. F. No. 4157. The motion prevailed.
Stephenson moved that the name of
Hornstein be added as an author on H. F. No. 4181. The motion prevailed.
Hansen moved that the name of Lillie be
added as an author on H. F. No. 4215. The motion prevailed.
Christensen moved that the name of Brand
be added as an author on H. F. No. 4224. The motion prevailed.
Becker-Finn moved that the names of
Hamilton and Gomez be added as authors on H. F. No. 4229. The motion prevailed.
Franson moved that the name of Backer be
added as an author on H. F. No. 4248. The motion prevailed.
Sundin moved that the names of Sandstede
and Bennett be added as authors on H. F. No. 4249. The motion prevailed.
Fabian moved that the names of Lucero,
Stephenson, Hertaus, Boe and Lueck be added as authors on
H. F. No. 4256. The
motion prevailed.
Moller moved that the name of Youakim be
added as an author on H. F. No. 4257. The motion prevailed.
Olson moved that the name of Lueck be
added as an author on H. F. No. 4258. The motion prevailed.
Xiong, J., moved that the names of Moran
and Hassan be added as authors on H. F. No. 4260. The motion prevailed.
Tabke moved that the name of Lueck be
added as an author on H. F. No. 4263. The motion prevailed.
Edelson moved that the name of Boe be
added as an author on H. F. No. 4266. The motion prevailed.
Ecklund moved that the names of Sandstede
and Bennett be added as authors on H. F. No. 4268. The motion prevailed.
Liebling moved that the names of
Moran and Becker-Finn be added as authors on
H. F. No. 4275. The
motion prevailed.
Vang moved that the names of Mahoney and
Becker-Finn be added as authors on H. F. No. 4281. The motion prevailed.
Olson moved that the name of Boe be added
as an author on H. F. No. 4283.
The motion prevailed.
Olson moved that the names of Schultz and
Becker-Finn be added as authors on H. F. No. 4284. The motion prevailed.
Theis moved that the name of Lueck be
added as an author on H. F. No. 4302. The motion prevailed.
Hertaus moved that the name of Gruenhagen
be added as an author on H. F. No. 4308. The motion prevailed.
Carlson, L., moved that the name of
Garofalo be added as an author on H. F. No. 4315. The motion prevailed.
Kresha moved that the name of Boe be added
as an author on H. F. No. 4318.
The motion prevailed.
Gruenhagen moved that the names of
Franson, Boe, Runbeck and Mekeland be added as authors on
H. F. No. 4323. The
motion prevailed.
Liebling moved that the name of Moran be
added as an author on H. F. No. 4326. The motion prevailed.
ADJOURNMENT
Winkler moved that when the House adjourns
today it adjourn until 3:30 p.m., Thursday, March 12, 2020. The motion prevailed.
Winkler moved that the House adjourn. The motion prevailed, and the Speaker
declared the House stands adjourned until 3:30 p.m., Thursday, March 12, 2020.
Patrick
D. Murphy, Chief
Clerk, House of Representatives