Journal of the House - 25th Day - Thursday, March 21, 2019

A quorum was present.

Fabian, Green, Halverson, Moran, Nash, Neu, Poston 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.

Journal of the House - 25th Day - Thursday, March 21, 2019 - Top of Page 1516

REPORTS OF STANDING COMMITTEES AND DIVISIONS

Persell from the Committee on Environment and Natural Resources Policy to which was referred:

H. F. No. 223, A bill for an act relating to environment; requiring financial assurance for waste tire facilities; proposing coding for new law in Minnesota Statutes, chapter 115A.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [115A.903] WASTE TIRE FACILITIES; FINANCIAL QUALIFICATIONS.

Subdivision 1. Definitions. (a) For the purposes of this section, the following terms have the meanings given.

(b) "Commissioner" means the commissioner of the Minnesota Pollution Control Agency.

(c) "Financial qualification" means the ability of an applicant or permit holder to pay the costs to properly design, construct, operate, maintain, and close a waste tire facility.

(d) "Waste tire facility" means a permitted facility operated by a tire collector or tire processor at which waste tires are stored or processed.

Subd. 2. Application; financial qualification. (a) An applicant for a permit for a waste tire facility must submit in an application to the commissioner:

(1) information demonstrating the applicant's financial qualification to design, construct, operate, maintain, and close a waste tire facility; and

(2) cost estimates for:

(i) site investigation;

(ii) land acquisition costs, including financing terms and costs;

(iii) project design;

(iv) construction;

(v) operations;

(vi) maintenance; and

(vii) facility closing.

(b) An applicant or permit holder must provide an audited, certified financial statement to the commissioner as part of the financial qualification review. An applicant may demonstrate financial qualification through a combination of cash deposits, insurance, and binding loan commitments from a financial institution licensed to do business in the state and rated AAA by Standard & Poor's, Moody's Investors Service, or Fitch Ratings. If assets of a parent, subsidiary, or other affiliate of the applicant or permit holder, or a joint venturer with a direct or indirect

Journal of the House - 25th Day - Thursday, March 21, 2019 - Top of Page 1517

interest in the applicant or permit holder, are proposed to be used to demonstrate financial qualification, then the party whose assets are to be used must be designated as a joint permittee with the applicant on the permit for the facility.

Subd. 3. Financial qualification review. The commissioner may provide to the state auditor a copy of any filing that an applicant for a permit or a permit holder submits to the commissioner to meet the financial qualification requirement under this section. The state auditor must review the filing and provide the commissioner with a written opinion as to the adequacy of the filing to meet the purposes of this section, including any recommended changes.

Subd. 4. Changes affecting financial qualification. (a) To continue to hold a permit for a waste tire facility, a permit holder must maintain financial qualification and must provide any information requested by the commissioner to establish that the permit holder continues to maintain financial qualification. A permit holder must notify the commissioner within 30 days of any significant change in:

(1) the identity of any person or structure of the business entity that holds the permit for the facility;

(2) the identity of any person or structure of the business entity that owns or operates the facility; or

(3) assets of the permit holder, owner, or operator of the facility.

(b) A change is significant under paragraph (a) if the change:

(1) has the potential to affect the financial qualification of the permit holder, owner, or operator; or

(2) would result in a change in the identity of the permit holder, owner, or operator for purposes of financial qualification.

The commissioner may, after reviewing the changes, require the permit holder to reestablish financial qualification and may modify or revoke a permit or require issuance of a new permit.

Subd. 5. Application. (a) The financial qualification requirements of this section apply only in the first ten years of operation of a waste tire facility permitted in the state.

(b) This section does not apply to political subdivisions operating a waste tire facility.

EFFECTIVE DATE. This section is effective the day following final enactment and applies to waste tire facilities issued a permit on or after that date.

Sec. 2. FINANCIAL ASSURANCE REQUIREMENTS FOR WASTE TIRE FACILITIES; RULE AMENDMENTS.

The commissioner of the Pollution Control Agency must amend Minnesota Rules, chapter 9220, with respect to the financial assurance required of owners and operators of permitted waste tire facilities as follows:

(1) the rules must require financial assurance of $250 per ton of waste tires stored at the waste tire facility; and

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(2) the rules must include as an optional financial assurance mechanism a corporate financial test substantially similar to that allowed in Code of Federal Regulations, title 40, section 258.74, paragraph (e).

EFFECTIVE DATE. This section is effective the day following final enactment."

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

The report was adopted.

Lesch from the Judiciary Finance and Civil Law Division to which was referred:

H. F. No. 300, A bill for an act relating to state government; specifying judicial jurisdiction for disputes regarding certain public procurement actions; amending Minnesota Statutes 2018, section 471.345, subdivision 14; proposing coding for new law in Minnesota Statutes, chapter 16C.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [16C.281] ORIGINAL JURISDICTION OF PUBLIC PROCUREMENT ACTIONS.

Subdivision 1. Original jurisdiction. (a) Original jurisdiction is granted to the district court over any action seeking legal, equitable, or declaratory relief arising under or based upon the alleged violation of any law governing public procurement requirements, public procurement procedures, or the award of any public contract.

(b) The grant of original jurisdiction under paragraph (a) applies regardless of whether a public entity involved or implicated in the action is alleged to have acted, or may be held to have acted, in a judicial or quasi-judicial capacity.

(c) The grant of original jurisdiction under paragraph (a) does not: (1) alter the standard of review to be applied by a district court; (2) alter the standard of review applied by an appellate court; (3) affect section 471.345, subdivision 14; (4) affect the available remedies, including but not limited to the availability or nonavailability of attorney fees awards and bid preparation costs; or (5) affect the procedural or administrative steps, if any, set out by statute, rule, or procurement procedure, that a party must comply with prior to initiating any such action.

Subd. 2. Timing for filing. (a) A procurement process participant must file an action prior to the date when the procurement contract at issue is fully executed unless:

(1) the party demonstrates that it acted diligently in seeking access to information the party reasonably deemed necessary to review prior to bringing an action; and

(2) the procurement process participant has not been afforded (i) reasonable access to information necessary to prepare the action for filing, or (ii) a reasonable opportunity to bring the action and seek appropriate relief from the court before the public procurement contract is fully executed. Reasonable access to necessary information and a reasonable opportunity to seek relief includes receipt of data described under section 13.591, subdivision 3 or 4, at least 15 days prior to full execution of the procurement contract.

(b) This subdivision does not apply to matters alleging: (1) fraud or misrepresentation; or (2) acts following contract execution that would have been improper or illegal prior to contract execution.

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Sec. 2. Minnesota Statutes 2018, section 471.345, subdivision 14, is amended to read:

Subd. 14. Damage awards. (a) In any action brought challenging the validity of a municipal contract under this section, the court shall not award, as any part of its judgment, damages, or ~~attorney's~~ attorney fees, but may award an unsuccessful bidder the costs of preparing an unsuccessful bid.

(b) Paragraph (a) applies to any action arising under or based upon the alleged violation by a municipality of any law, regulation, ordinance, or equitable doctrine governing or regarding public procurement requirements, public procurement procedures, or the award of any public contract by a municipality, regardless of whether the agreement constitutes a contract under subdivision 2.

Sec. 3. Minnesota Statutes 2018, section 471.345, is amended by adding a subdivision to read:

Subd. 21. Original jurisdiction; timing for filing. (a) Original jurisdiction is granted to the district court over any action seeking legal, equitable, or declaratory relief arising under or based upon the alleged violation of any law or ordinance governing public procurement requirements, public procurement procedures, or the award of any public contract.

(d) A procurement process participant must file an action prior to the date when the procurement contract at issue is fully executed unless:

(1) the party demonstrates that it acted diligently in seeking access to information the party reasonably deemed necessary to review prior to bringing an action; and

(e) Paragraph (d) does not apply to matters alleging: (1) fraud or misrepresentation; or (2) acts following contract execution that would have been improper or illegal prior to contract execution.

Sec. 4. EFFECTIVE DATE.

Sections 1 to 3 are effective the day following final enactment and apply to any actions filed with the district court on or after that date."

Correct the title numbers accordingly

With the recommendation that when so amended the bill be placed on the General Register.

The report was adopted.

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Moran from the Committee on Health and Human Services Policy to which was referred:

H. F. No. 478, A bill for an act relating to health; establishing grants to address PTSD among firefighters; requiring a report; appropriating money.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

The report was adopted.

Poppe from the Agriculture and Food Finance and Policy Division to which was referred:

H. F. No. 484, A bill for an act relating to local government; modifying expiration of metropolitan agricultural preserves; amending Minnesota Statutes 2018, section 473H.08, subdivisions 1, 4, by adding a subdivision.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

The report was adopted.

Halverson from the Committee on Commerce to which was referred:

H. F. No. 622, A bill for an act relating to commerce; modifying advertising requirements related to real estate brokers and licensees; amending Minnesota Statutes 2018, section 82.69.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2018, section 82.69, is amended to read:

82.69 ADVERTISING REQUIREMENTS.

(a) Any advertising by a licensee must ~~include~~ clearly and conspicuously display the real estate brokerage name ~~more prominently displayed than the licensee's name~~.

(b) If a salesperson or broker is part of a team or group within the brokerage, the licensee may include the team or group name in the advertising only under the following conditions:

(1) the inclusion of the team or group name is authorized by the primary broker of the brokerage to which the salesperson or broker is licensed; and

(2) the real estate brokerage name ~~is included and more prominently~~ must be clearly and conspicuously displayed ~~than the team or group name~~ in the advertising."

With the recommendation that when so amended the bill be placed on the General Register.

The report was adopted.

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Lesch from the Judiciary Finance and Civil Law Division to which was referred:

H. F. No. 637, A bill for an act relating to health; modifying temporary license suspensions and background checks for certain health-related professions; amending Minnesota Statutes 2018, sections 214.075, subdivisions 1, 4, 5, 6; 214.077; 214.10, subdivision 8; 364.09; repealing Minnesota Statutes 2018, section 214.075, subdivision 8.

Reported the same back with the following amendments:

Page 5, delete section 7

Page 6, line 29, delete "8" and insert "7"

Renumber the sections in sequence

Correct the title numbers accordingly

With the recommendation that when so amended the bill be placed on the General Register.

The report was adopted.

Sundin from the Committee on Labor to which was referred:

H. F. No. 772, A bill for an act relating to construction codes; modifying accessibility requirements for public buildings; amending Minnesota Statutes 2018, section 326B.106, subdivision 9.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

The report was adopted.

Sundin from the Committee on Labor to which was referred:

H. F. No. 790, A bill for an act relating to youth employment; clarifying categorization of lawn mower operation.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Government Operations.

The report was adopted.

Moran from the Committee on Health and Human Services Policy to which was referred:

H. F. No. 925, A bill for an act relating to health care; authorizing the use of epinephrine auto-injectors by certain individuals who complete a training program; amending Minnesota Statutes 2018, section 144.999.

Reported the same back with the following amendments:

Journal of the House - 25th Day - Thursday, March 21, 2019 - Top of Page 1522

Page 1, line 22, delete "Federal" and insert "Food and"

Page 3, after line 9, insert:

"(c) Nothing in this section shall be construed to permit an authorized individual to possess or administer an epinephrine auto-injector to a student while on school property. The possession and administration of an epinephrine auto-injector at a public school shall be determined by the school district in accordance with sections 121A.2205 to 121A.2207."

With the recommendation that when so amended the bill be re-referred to the Judiciary Finance and Civil Law Division.

The report was adopted.

Moran from the Committee on Health and Human Services Policy to which was referred:

H. F. No. 1221, A bill for an act relating to human services; directing the commissioner of human services to allow a certain medical assistance waiver customized living services provider to transfer capacity to up to three other housing with services settings located in Hennepin County.

Reported the same back with the recommendation that the bill be placed on the General Register.

The report was adopted.

Sundin from the Committee on Labor to which was referred:

H. F. No. 1241, A bill for an act relating to employment; requiring notice of call center or customer service operation relocations; providing for recapture of public subsidies; proposing coding for new law in Minnesota Statutes, chapter 116L.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

The report was adopted.

Moran from the Committee on Health and Human Services Policy to which was referred:

H. F. No. 1254, A bill for an act relating to human services; modifying medical assistance coverage for community-based care coordination to include tribes; amending Minnesota Statutes 2018, section 256B.0625, subdivision 56a.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

The report was adopted.

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Moran from the Committee on Health and Human Services Policy to which was referred:

H. F. No. 1256, A bill for an act relating to human services; modifying adult foster care and community residential setting license capacity; modifying various provisions governing home and community-based services; amending Minnesota Statutes 2018, sections 245A.11, subdivision 2a; 245D.03, subdivision 1; 245D.071, subdivision 5; 245D.09, subdivision 5a; 245D.091, subdivisions 2, 3, 4; 256B.4914, subdivision 3.

Reported the same back with the following amendments:

Page 7, after line 11, insert:

"Sec. 4. Minnesota Statutes 2018, section 245D.09, subdivision 5, is amended to read:

Subd. 5. Annual training. A license holder must provide annual training to direct support staff on the topics identified in subdivision 4, clauses (3) to (10). If the direct support staff has a first aid certification, annual training under subdivision 4, clause (9), is not required as long as the certification remains current. A license holder must provide a minimum of 24 hours of annual training to direct service staff providing intensive services and having fewer than five years of documented experience and 12 hours of annual training to direct service staff providing intensive services and having five or more years of documented experience in topics described in subdivisions 4 and 4a, paragraphs (a) to (f). Training on relevant topics received from sources other than the license holder may count toward training requirements. A license holder must provide a minimum of 12 hours of annual training to direct service staff providing basic services and having fewer than five years of documented experience and six hours of annual training to direct service staff providing basic services and having five or more years of documented experience."

Page 7, line 13, strike "The commissioner may approve online"

Page 7, strike lines 14 and 16

Page 7, line 15, strike the old language and delete the new language

Page 7, line 18, reinstate the stricken language and delete the new language

Renumber the sections in sequence

Correct the title numbers accordingly

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

The report was adopted.

Moran from the Committee on Health and Human Services Policy to which was referred:

H. F. No. 1269, A bill for an act relating to health; clarifying payment and denial of payment for mental health services; modifying primary care residency expansion grants; establishing practicum incentive payments; developing a mental health training program; appropriating money; amending Minnesota Statutes 2018, sections 62A.15, subdivision 4, by adding a subdivision; 62J.692, subdivisions 1, 3; 144.1506, subdivision 2; 245.464, by adding a subdivision; 245.4661, subdivision 9.

Reported the same back with the following amendments:

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Page 6, delete section 7 and insert:

"Sec. 7. Minnesota Statutes 2018, section 245.4661, is amended by adding a subdivision to read:

Subd. 9a. Traditional healing grants. The commissioner shall establish a grant program to improve access, coordination, and referral processes for traditional healing in American Indian communities across Minnesota. Grants shall be distributed equally to each tribal nation and to urban American Indian communities located in Minnesota."

Page 8, line 5, delete "9, paragraph (b)," and insert "9a."

Page 8, delete line 6

Amend the title as follows:

Page 1, line 4, after the first semicolon, insert "establishing American Indian traditional healing grants;"

Correct the title numbers accordingly

With the recommendation that when so amended the bill be re-referred to the Committee on Commerce.

The report was adopted.

Moran from the Committee on Health and Human Services Policy to which was referred:

H. F. No. 1300, A bill for an act relating to state government; designating the month of May as Maternal Mental Health Awareness Month; proposing coding for new law in Minnesota Statutes, chapter 10.

Reported the same back with the recommendation that the bill be placed on the General Register.

The report was adopted.

Halverson from the Committee on Commerce to which was referred:

H. F. No. 1373, A bill for an act relating to insurance; making federally conforming changes to supplemental Medicare coverage; amending Minnesota Statutes 2018, sections 62A.3099, by adding a subdivision; 62A.31, subdivision 1, by adding a subdivision; 62A.315; 62A.316; 62A.3161; 62A.3162; 62A.3163; 62A.3164; 62A.3165; 62A.318, subdivision 17; 62E.07.

Reported the same back with the following amendments:

Page 1, delete lines 13 to 16 and insert:

"(2) although under age 65, is entitled to or deemed eligible for benefits under Medicare Part A by reason of disability or otherwise."

Page 9, line 12, after the period, insert "No portion of the co-payment referenced in this paragraph may be applied to a Medicare Part B deductible."

With the recommendation that when so amended the bill be placed on the General Register.

The report was adopted.

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Moran from the Committee on Health and Human Services Policy to which was referred:

H. F. No. 1389, A bill for an act relating to health; making technical changes to sections relating to the Board of Examiners for Nursing Home Administrators; establishing licensure for health services executives; amending Minnesota Statutes 2018, sections 144A.04, subdivision 5; 144A.20, subdivision 1; 144A.24; 144A.26; proposing coding for new law in Minnesota Statutes, chapter 144A; repealing Minnesota Rules, part 6400.6970.

Reported the same back with the following amendments:

Page 3, delete section 5 and insert:

"Sec. 5. [144A.291] FEES.

Subdivision 1. Payment types and nonrefundability. The fees imposed in this section shall be paid by cash, personal check, bank draft, cashier's check, or money order made payable to the Board of Executives for Long Term Services and Supports. All fees are nonrefundable.

Subd. 2. Amount. The amount of fees may be set by the Board of Executives with the approval of Minnesota Management and Budget up to the limits provided in this section depending upon the total amount required to sustain board operations under section 16A.1285, subdivision 2. Information about fees in effect at any time is available from the board office. The maximum amounts of fees are:

(1) application for licensure, $150;

(2) for a prospective applicant for a review of education and experience advisory to the license application, $50, to be applied to the fee for application for licensure if the latter is submitted within one year of the request for review of education and experience;

(3) state examination, $75;

(4) licensed nursing home administrator initial license, $200 if issued between July 1 and December 31, $100 if issued between January 1 and June 30;

(5) acting administrator permit, $250;

(6) renewal license, $200;

(7) duplicate license, $10;

(8) fee to a sponsor for review of individual continuing education seminars, institutes, workshops, or home study courses:

(i) for less than seven clock hours, $30; and

(ii) for seven or more clock hours, $50;

(9) fee to a licensee for review of continuing education seminars, institutes, workshops, or home study courses not previously approved for a sponsor and submitted with an application for license renewal:

(i) for less than seven clock hours total, $30; and

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(ii) for seven or more clock hours total, $50;

(10) late renewal fee, $50;

(11) fee to a licensee for verification of licensure status and examination scores, $30;

(12) registration as a registered continuing education sponsor, $1,000; and

(13) health services executive initial license, $200 if issued between July 1 and December 31, $100 if issued between January 1 and June 30."

With the recommendation that when so amended the bill be placed on the General Register.

The report was adopted.

Moran from the Committee on Health and Human Services Policy to which was referred:

H. F. No. 1516, A bill for an act relating to health; modifying provisions governing home care providers; amending Minnesota Statutes 2018, sections 144A.43, subdivisions 11, 27, 30, by adding a subdivision; 144A.472, subdivisions 5, 7; 144A.473; 144A.474, subdivision 2; 144A.475, subdivisions 1, 2, 5; 144A.476, subdivision 1; 144A.479, subdivision 7; 144A.4791, subdivisions 1, 3, 6, 7, 8, 9; 144A.4792, subdivisions 1, 2, 5, 10; 144A.4793, subdivision 6; 144A.4796, subdivision 2; 144A.4797, subdivision 3; 144A.4798; 144A.4799, subdivisions 1, 3; 144A.484, subdivision 1; repealing Minnesota Statutes 2018, sections 144A.45, subdivision 6; 144A.481.

Reported the same back with the following amendments:

Page 2, delete section 3

Page 8, line 16, delete the new language and reinstate the stricken language

Page 15, line 21, delete the new language and reinstate the stricken language

Page 15, line 22, delete "agreement"

Page 15, lines 23, 24, 26, and 31, delete "agreement" and reinstate the stricken language

Page 16, lines 1, 4, and 5, delete the new language and reinstate the stricken language

Page 18, line 4, delete the new language and reinstate the stricken language

Page 24, delete section 31

Renumber the sections in sequence

Correct the title numbers accordingly

With the recommendation that when so amended the bill be re-referred to the Committee on Government Operations.

The report was adopted.

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Halverson from the Committee on Commerce to which was referred:

H. F. No. 1578, A bill for an act relating to commerce; eliminating supermajority requirements for conversion, merger, or consolidation of credit unions; amending Minnesota Statutes 2018, sections 52.201; 52.203.

Reported the same back with the recommendation that the bill be placed on the General Register.

The report was adopted.

Freiberg from the Committee on Government Operations to which was referred:

H. F. No. 1962, A bill for an act relating to the legislature; establishing a working group on the legislature's accessibility measures; requiring the legislature to comply with accessibility standards for technology; appropriating money; amending Minnesota Statutes 2018, section 16E.03, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 3.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

The report was adopted.

Freiberg from the Committee on Government Operations to which was referred:

H. F. No. 1968, A bill for an act relating to state government; modifying provisions related to state employees with disabilities; creating a working group; requiring a report; amending Minnesota Statutes 2018, sections 43A.15, subdivision 14; 43A.191, subdivisions 2, 3.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

The report was adopted.

Sundin from the Committee on Labor to which was referred:

H. F. No. 2000, A bill for an act relating to human rights; requiring certain contractors to obtain workforce and equal pay certificates; amending Minnesota Statutes 2018, sections 363A.36, subdivision 1; 363A.44, subdivision 1.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2018, section 363A.36, subdivision 1, is amended to read:

Subdivision 1. Scope of application. (a) For all contracts for goods and services in excess of $100,000, no department or agency of the state or public officer or agency subject to section 16A.695 shall accept any bid or proposal for a contract or agreement from any business having more than 40 full-time employees within this state on a single working day during the previous 12 months, unless the commissioner is in receipt of the business' affirmative action plan for the employment of minority persons, women, and qualified disabled individuals. No

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department or agency of the state shall execute any such contract or agreement until the affirmative action plan has been approved by the commissioner. Receipt of a certificate of compliance issued by the commissioner shall signify that a firm or business has an affirmative action plan that has been approved by the commissioner. A certificate shall be valid for a period of four years. A municipality as defined in section 466.01, subdivision 1, that receives state money for any reason is encouraged to prepare and implement an affirmative action plan for the employment of minority persons, women, and the qualified disabled and submit the plan to the commissioner.

(b) This paragraph applies to a contract for goods or services in excess of $100,000 to be entered into between a department or agency of the state or public officer or agency subject to section 16A.695, and a business that is not subject to paragraph (a), but that has more than 40 full-time employees on a single working day during the previous 12 months in the state where the business has its primary place of business. A department or agency of the state may not execute a contract or agreement with a business covered by this paragraph unless the business has a certificate of compliance issued by the commissioner under paragraph (a) or the business certifies that it is in compliance with federal affirmative action requirements.

(c) This section does not apply to contracts entered into by the State Board of Investment for investment options under section 356.645.

(d) The commissioner shall issue a certificate of compliance or notice of denial within 15 days of the application submitted by the business or firm.

Sec. 2. Minnesota Statutes 2018, section 363A.36, subdivision 4, is amended to read:

Subd. 4. Revocation of contract. A contract awarded by a department or agency of the state, or a public officer or agency subject to section 16A.695, may be terminated or abridged by the department or agency, or public officer or agency subject to section 16A.695, because of suspension or revocation of a certificate based upon a contractor's failure to implement or make a good faith effort to implement an affirmative action plan approved by the commissioner under this section. If a contract is awarded to a person who does not have a contract compliance certificate required under subdivision 1, the commissioner may void the contract on behalf of the state.

Sec. 3. Minnesota Statutes 2018, section 363A.44, subdivision 1, is amended to read:

Subdivision 1. Scope. (a) No department, agency of the state, the Metropolitan Council, or an agency subject to section 473.143, subdivision 1, or a public officer or agency subject to section 16A.695, shall execute a contract for goods or services or an agreement for goods or services in excess of $500,000 with a business that has 40 or more full-time employees in this state or a state where the business has its primary place of business on a single day during the prior 12 months, unless the business has an equal pay certificate or it has certified in writing that it is exempt. A certificate is valid for four years.

(b) This section does not apply to a business with respect to a specific contract if the commissioner of administration determines that application of this section would cause undue hardship to the contracting entity. This section does not apply to a contract to provide goods and services to individuals under chapters 43A, 62A, 62C, 62D, 62E, 256B, 256I, 256L, and 268A, with a business that has a license, certification, registration, provider agreement, or provider enrollment contract that is prerequisite to providing those goods and services. This section does not apply to contracts entered into by the State Board of Investment for investment options under section 352.965, subdivision 4."

Delete the title and insert:

"A bill for an act relating to human rights; changing requirements for certain contracts and certificate of compliance; amending Minnesota Statutes 2018, sections 363A.36, subdivisions 1, 4; 363A.44, subdivision 1."

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

The report was adopted.

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Sundin from the Committee on Labor to which was referred:

H. F. No. 2068, A bill for an act relating to employment; modifying school conference and activities leave to include an employee's grandchild; amending Minnesota Statutes 2018, section 181.9412, subdivision 2.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

The report was adopted.

Freiberg from the Committee on Government Operations to which was referred:

H. F. No. 2112, A bill for an act relating to government operations; agriculture; authorizing expedited rulemaking for industrial hemp; amending Minnesota Statutes 2018, section 18K.06.

Reported the same back with the following amendments:

Page 1, before line 5, insert:

"Section 1. Minnesota Statutes 2018, section 18K.02, subdivision 3, is amended to read:

Subd. 3. Industrial hemp. "Industrial hemp" means the plant Cannabis sativa L. and any part of the plant, whether growing or not, including the plant's seeds, and all the plant's derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. Industrial hemp is not marijuana as defined in section 152.01, subdivision 9."

Page 1, line 7, before "and" insert "certification,"

Page 1, after line 19, insert:

"Sec. 3. [18K.10] MINNESOTA HEMP CERTIFICATION PROGRAM.

Subdivision 1. Program. The commissioner must develop and implement a voluntary program to certify (1) industrial hemp produced pursuant to this chapter, and (2) products containing industrial hemp that was produced pursuant to this chapter.

Subd. 2. Criteria. The commissioner must develop certification criteria that conform with applicable federal standards and industry best practices. The criteria must include but are not limited to:

(1) the industrial hemp was grown by a person licensed under this chapter; and

(2) the industrial hemp or product containing industrial hemp has undergone laboratory or other testing as necessary to satisfy applicable state and federal labeling and food safety laws.

Subd. 3. Marketing and promotion. After adopting certification rules under section 18K.06, the commissioner's agricultural marketing and promotion efforts must include certified Minnesota industrial hemp.

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Subd. 4. Fee. The commissioner may charge a fee for certification of Minnesota industrial hemp and products containing Minnesota industrial hemp. The fee must be commensurate with the commissioner's costs as provided under section 16A.1285, subdivision 2."

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 2, after the second semicolon, insert "modifying definition of industrial hemp;"

Page 1, line 3, after the semicolon, insert "providing a hemp certification program;"

Correct the title numbers accordingly

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

The report was adopted.

Moran from the Committee on Health and Human Services Policy to which was referred:

H. F. No. 2206, A bill for an act relating to health licensing; making technical changes; expanding duty to warn and reciprocity for certain mental health professionals; amending Minnesota Statutes 2018, sections 148B.56; 148B.593; 148F.03.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2018, section 148B.56, is amended to read:

148B.56 RECIPROCITY.

Subdivision 1. Persons licensed in another jurisdiction for less than five years. The board may issue a license to an individual who holds a current license or other credential from another jurisdiction if the board finds that the requirements for that credential are substantially similar to the requirements in sections 148B.50 to 148B.593.

Subd. 2. Persons licensed in another jurisdiction for five or more years. (a) The board may issue a license to an individual who holds a current license or other credential in good standing from another jurisdiction if the board finds that the individual has been in active practice for a minimum of five years after receiving licensure or other credential.

(b) The board shall determine, based on the individual's experience and qualifications, whether the individual is granted the licensed professional counselor license or the licensed professional clinical counselor license.

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Sec. 2. Minnesota Statutes 2018, section 148B.593, is amended to read:

148B.593 DISCLOSURE OF INFORMATION.

(a) A person licensed under sections 148B.50 to 148B.593 may not disclose without written consent of the client any communication made by the client to the licensee in the course of the practice of professional counseling, nor may any employee of the licensee reveal the information without the consent of the employer or client except as provided under section 626.556 or 626.557.

(b) For purposes of sections 148B.50 to 148B.593, the confidential relations and communications between the licensee and a client are placed upon the same basis as those that exist between a licensed psychologist and client. Nothing in sections 148B.50 to 148B.593 may be construed to require any communications to be disclosed except by court order or as provided in paragraph (c).

(c) Private information may be disclosed without the consent of the client when a duty to warn arises, or as otherwise provided by law or court order. The duty to warn of, or take reasonable precautions to provide protection from, violent behavior arises only when a client or other person has communicated to the provider a specific, serious threat of physical violence to self or a specific, clearly identified or identifiable potential victim. If a duty to warn arises, the duty is discharged by the provider if reasonable efforts are made to communicate the threat to law enforcement agencies, the potential victim, the family of the client, or appropriate third parties who are in a position to prevent or avert the harm. No monetary liability and no cause of action or disciplinary action by the board may arise against a provider for disclosure of confidences to third parties, for failure to disclose confidences to third parties, or for erroneous disclosure of confidences to third parties in a good faith effort to warn against or take precautions against a client's violent behavior or threat of suicide.

(d) For purposes of this section, (1) "provider" includes a licensee, an applicant for licensure, and a student or intern practicing professional counseling or professional clinical counseling under supervision as part of an accredited graduate educational program or under a supervised postgraduate experience in professional counseling or professional clinical counseling required for licensure; (2) "other person" means an immediate family member or someone who personally knows the client and has reason to believe the client is capable of and will carry out the serious, specific threat of harm to a specific, clearly identified, or identifiable victim; and (3) "reasonable efforts" means communicating the serious, specific threat to the potential victim and if unable to make contact with the potential victim, communicating the serious, specific threat to the law enforcement agency closest to the potential victim of the client.

Sec. 3. Minnesota Statutes 2018, section 148E.240, subdivision 6, is amended to read:

Subd. 6. Duty to warn. (a) A licensee must comply with the duty to warn established by section 148.975.

(b) For purposes of this subdivision, "licensee" includes interns and students.

EFFECTIVE DATE. This section is effective the day following final enactment.

Sec. 4. Minnesota Statutes 2018, section 148F.03, is amended to read:

148F.03 RECIPROCITY.

Subdivision 1. Persons licensed or credentialed in another jurisdiction for less than five years. (a) An individual who holds a current license or national certification as an alcohol and drug counselor from another jurisdiction must file with the board a completed application for licensure by reciprocity containing the information required in this section.

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(b) The applicant must request the credentialing authority of the jurisdiction in which the credential is held to send directly to the board a statement that the credential is current and in good standing, the applicant's qualifications that entitled the applicant to the credential, and a copy of the jurisdiction's credentialing laws and rules that were in effect at the time the applicant obtained the credential.

(c) The board shall issue a license if the board finds that the requirements which the applicant met to obtain the credential from the other jurisdiction were substantially similar to the current requirements for licensure in this chapter and that the applicant is not otherwise disqualified under section 148F.09.

Subd. 2. Persons licensed or credentialed in another jurisdiction for five or more years. (a) An individual who holds a current license or national certification as an alcohol and drug counselor from another jurisdiction must file with the board a completed application for licensure by reciprocity containing the information required in this section.

(c) The board may issue a license if the board finds that the applicant has been in active practice in good standing for a minimum of five years after receiving licensure or other credential.

(d) The board shall determine, based on the applicant's experience and qualifications, whether the applicant is granted the licensed alcohol and drug counselor license or other credential regulated by the board.

Sec. 5. Minnesota Statutes 2018, section 148F.13, subdivision 2, is amended to read:

Subd. 2. Duty to warn; limitation on liability. (a) Private information may be disclosed without the consent of the client when a duty to warn arises, or as otherwise provided by law or court order. The duty to warn of, or take reasonable precautions to provide protection from, violent behavior arises only when a client or other person has communicated to the provider a specific, serious threat of physical violence to self or a specific, clearly identified or identifiable potential victim. If a duty to warn arises, the duty is discharged by the provider if reasonable efforts are made to communicate the threat to law enforcement agencies, the potential victim, the family of the client, or appropriate third parties who are in a position to prevent or avert the harm. No monetary liability and no cause of action or disciplinary action by the board may arise against a provider for disclosure of confidences to third parties, for failure to disclose confidences to third parties, or for erroneous disclosure of confidences to third parties in a good faith effort to warn against or take precautions against a client's violent behavior or threat of suicide.

(b) For purposes of this subdivision, "provider" includes alcohol and drug counseling practicum students and individuals who are participating in a postdegree professional practice in alcohol and drug counseling. "Other person" and "reasonable efforts" have the meanings given in section 148B.593, paragraph (d)."

Delete the title and insert:

"A bill for an act relating to health licensing; making technical changes; expanding duty to warn and reciprocity for certain mental health professionals and social workers; amending Minnesota Statutes 2018, sections 148B.56; 148B.593; 148E.240, subdivision 6; 148F.03; 148F.13, subdivision 2."

With the recommendation that when so amended the bill be re-referred to the Judiciary Finance and Civil Law Division.

The report was adopted.

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Moran from the Committee on Health and Human Services Policy to which was referred:

H. F. No. 2252, A bill for an act relating to human services; modifying Nonemergency Medical Transportation Advisory Committee membership; amending Minnesota Statutes 2018, section 256B.0625, subdivision 18d.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Government Operations.

The report was adopted.

Moran from the Committee on Health and Human Services Policy to which was referred:

H. F. No. 2265, A bill for an act relating to human services; modifying the permanent bar to set aside a background study disqualification; amending Minnesota Statutes 2018, section 245C.24, subdivision 2.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2018, section 245C.24, subdivision 2, is amended to read:

Subd. 2. Permanent bar to set aside a disqualification. (a) Except as provided in paragraph (b), the commissioner may not set aside the disqualification of any individual disqualified pursuant to this chapter, regardless of how much time has passed, if the individual was disqualified for a crime or conduct listed in section 245C.15, subdivision 1.

(b) For an individual ~~in the chemical dependency or corrections field~~ who was disqualified for a crime or conduct listed under section 245C.15, subdivision 1, and ~~whose disqualification was set aside prior to July 1, 2005~~ more than 20 years have passed since the discharge of the sentence imposed or, if the disqualification is not based on a conviction, more than 20 years have passed since the individual committed the act upon which the disqualification was based, the commissioner must consider granting a set aside or variance pursuant to section 245C.22 or 245C.30 for the license holder for a program dealing primarily with adults. A request for reconsideration evaluated under this paragraph must include a letter of recommendation from the license holder that was subject to the prior set-aside decision addressing the individual's quality of care to children or vulnerable adults and the circumstances of the individual's departure from that service This paragraph does not apply to a person disqualified based on a violation of sections 609.342 to 609.3453; 617.23, subdivision 2, clause (1), or subdivision 3, clause (1); 617.246; or 617.247.

(c) When a licensed foster care provider adopts an individual who had received foster care services from the provider for over six months, and the adopted individual is required to receive a background study under section 245C.03, subdivision 1, paragraph (a), clause (2) or (6), the commissioner may grant a variance to the license holder under section 245C.30 to permit the adopted individual with a permanent disqualification to remain affiliated with the license holder under the conditions of the variance when the variance is recommended by the county of responsibility for each of the remaining individuals in placement in the home and the licensing agency for the home."

With the recommendation that when so amended the bill be placed on the General Register.

The report was adopted.

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Sundin from the Committee on Labor to which was referred:

H. F. No. 2274, A bill for an act relating to wages; modifying weekly hours worked required for overtime compensation; amending Minnesota Statutes 2018, section 177.25, subdivisions 1, 5.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

The report was adopted.

Sundin from the Committee on Labor to which was referred:

H. F. No. 2311, A bill for an act relating to workers' compensation; adopting recommendations from the Workers' Compensation Advisory Council; amending Minnesota Statutes 2018, sections 176.1812, subdivision 2; 176.231, subdivision 1.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

The report was adopted.

Sundin from the Committee on Labor to which was referred:

H. F. No. 2313, A bill for an act relating to labor and industry; making housekeeping changes; amending Minnesota Statutes 2018, sections 326B.082, subdivisions 6, 8, 12; 326B.103, subdivision 11; 326B.46, by adding a subdivision; 326B.475, subdivision 4; 326B.84; repealing Minnesota Statutes 2018, section 325F.75.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

The report was adopted.

Halverson from the Committee on Commerce to which was referred:

S. F. No. 131, A bill for an act relating to health care; requiring facility fee disclosure; proposing coding for new law in Minnesota Statutes, chapter 62J.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Health and Human Services Policy.

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 300, 622, 637, 1221, 1300, 1373, 1389, 1578 and 2265 were read for the second time.

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INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Bierman, Lippert, Baker, Acomb and Christensen introduced:

H. F. No. 2638, A bill for an act relating to economic development; appropriating money for the Clean Energy Economy Profile.

The bill was read for the first time and referred to the Committee on Ways and Means.

Gruenhagen introduced:

H. F. No. 2639, A bill for an act relating to insurance; health; modifying requirements for health insurance underwriting, renewability, and benefits; creating the Minnesota health risk pool program; allowing the creation of unified personal health premium accounts; creating the Minnesota health contribution program; eliminating certain health plan market rules; requesting waivers; amending Minnesota Statutes 2018, sections 3.971, subdivision 6; 13.7191, by adding a subdivision; 60A.235, by adding a subdivision; 62A.65, subdivisions 3, 5, by adding a subdivision; 62L.03, subdivision 3, by adding a subdivision; 62L.08, subdivision 7, by adding a subdivision; 62Q.18, subdivision 10; 62V.05, subdivision 3; 290.0132, by adding a subdivision; 297I.05, subdivisions 1, 5; proposing coding for new law in Minnesota Statutes, chapters 62A; 62K; 62Q; 256L; proposing coding for new law as Minnesota Statutes, chapters 62W; 62X; repealing Minnesota Statutes 2018, sections 62A.303; 62A.65, subdivision 2; 62K.01; 62K.02; 62K.03; 62K.04; 62K.05; 62K.06; 62K.07; 62K.075; 62K.08; 62K.09; 62K.10, subdivisions 1, 1a, 2, 3, 4, 5, 6, 7, 8; 62K.11; 62K.12; 62K.13; 62K.14; 62K.15; 62L.08, subdivision 4; 62L.12, subdivisions 3, 4.

The bill was read for the first time and referred to the Committee on Commerce.

Edelson introduced:

H. F. No. 2640, A bill for an act relating to education; providing for cursive instruction in elementary school; appropriating money.

The bill was read for the first time and referred to the Committee on Ways and Means.

Brand and Considine introduced:

H. F. No. 2641, A bill for an act relating to capital investment; appropriating money for an indoor recreational facility in North Mankato; authorizing the sale and issuance of state bonds.

The bill was read for the first time and referred to the Committee on Ways and Means.

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Gomez introduced:

H. F. No. 2642, A bill for an act relating to financing of state government; repealing the section 529 plan income tax subtraction; increasing funding for the state grant program; amending Minnesota Statutes 2018, section 136A.121, by adding a subdivision; repealing Minnesota Statutes 2018, section 290.0132, subdivision 23.

The bill was read for the first time and referred to the Committee on Taxes.

Long, Hassan, Edelson and Lee introduced:

H. F. No. 2643, A bill for an act relating to education finance; authorizing grants for Project SUCCESS; requiring a report; appropriating money.

The bill was read for the first time and referred to the Committee on Ways and Means.

Hertaus, Mariani and Hornstein introduced:

H. F. No. 2644, A bill for an act relating to workforce development; appropriating money for job skills training for recently released inmates.

The bill was read for the first time and referred to the Committee on Ways and Means.

Lee introduced:

H. F. No. 2645, A bill for an act relating to taxation; property tax refunds; reducing the percent of taxes paid by refund claimants; amending Minnesota Statutes 2018, section 290A.04, subdivision 2.

The bill was read for the first time and referred to the Committee on Taxes.

Xiong, T.; Dettmer; Vang and Drazkowski introduced:

H. F. No. 2646, A bill for an act relating to taxation; property; modifying certain deadlines; amending Minnesota Statutes 2018, sections 273.124, subdivisions 9, 13; 273.13, subdivision 34.

The bill was read for the first time and referred to the Committee on Taxes.

Hansen; Becker-Finn; Richardson; Vang; Lippert; Klevorn; Xiong, J.; Mann and Xiong, T., introduced:

H. F. No. 2647, A bill for an act relating to natural resources; appropriating money to study the presence of neonicotinoid pesticides in wild deer.

The bill was read for the first time and referred to the Committee on Ways and Means.

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Gruenhagen introduced:

H. F. No. 2648, A bill for an act relating to taxation; property; modifying requirements for bed and breakfast properties; amending Minnesota Statutes 2018, section 273.13, subdivision 25.

The bill was read for the first time and referred to the Committee on Taxes.

Pinto, Winkler, Zerwas and Xiong, J., introduced:

H. F. No. 2649, A bill for an act relating to public safety; establishing a grant to African American Youth Access and African Immigrant Family Outreach programs; appropriating money.

The bill was read for the first time and referred to the Committee on Ways and Means.

Marquart introduced:

H. F. No. 2650, A bill for an act relating to public finance; modifying sections governing bonds, drainage lien interest, notice requirements for school and private activity bonds, transportation bonds, and municipal bankruptcy; amending Minnesota Statutes 2018, sections 103E.611, subdivision 2; 123B.595, subdivision 5; 297A.993, subdivision 1, by adding a subdivision; 462C.04, subdivision 2; 469.154, subdivision 4; 471.831; 473.39, subdivision 6; 474A.02, subdivision 22b; 475.521, subdivision 1.

The bill was read for the first time and referred to the Committee on Taxes.

Pryor introduced:

H. F. No. 2651, A bill for an act relating to human services; establishing a child care advisory working group; modifying child care assistance program requirements; providing directions to the commissioner; requiring a report; amending Minnesota Statutes 2018, sections 119B.02, subdivision 3, by adding a subdivision; 119B.025, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 245A.

The bill was read for the first time and referred to the Committee on Government Operations.

Hansen and Claflin introduced:

H. F. No. 2652, A bill for an act relating to capital investment; appropriating money for renovation of the Serbian Cultural Center in South St. Paul.

The bill was read for the first time and referred to the Committee on Ways and Means.

Noor, Gomez and Hassan introduced:

H. F. No. 2653, A bill for an act relating to arts and culture; appropriating money for East African radio station.

The bill was read for the first time and referred to the Committee on Ways and Means.

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Lillie; Runbeck; Masin; Carlson, L.; Bierman; Robbins and Gomez introduced:

H. F. No. 2654, A bill for an act relating to capital improvements; appropriating money to the Metropolitan Council for regional park and open-space land acquisition and improvements; authorizing the sale and issuance of state bonds.

The bill was read for the first time and referred to the Committee on Ways and Means.

Lislegard and Ecklund introduced:

H. F. No. 2655, A bill for an act relating to capital investment; appropriating money for drinking water infrastructure for the area represented by the East Range Joint Powers Board; authorizing the sale and issuance of state bonds.

The bill was read for the first time and referred to the Committee on Ways and Means.

Murphy introduced:

H. F. No. 2656, A bill for an act relating to capital investment; appropriating money for wastewater treatment facility improvements in Two Harbors; authorizing the sale and issuance of state bonds.

The bill was read for the first time and referred to the Committee on Ways and Means.

Fischer introduced:

H. F. No. 2657, A bill for an act relating to water; appropriating money to keep water on the land.

The bill was read for the first time and referred to the Committee on Ways and Means.

Lislegard, Dehn, Davids and Heintzeman introduced:

H. F. No. 2658, A bill for an act relating to taxation; individual income; providing a refundable film production tax credit; amending Minnesota Statutes 2018, section 290.06, by adding a subdivision.

The bill was read for the first time and referred to the Committee on Taxes.

Erickson introduced:

H. F. No. 2659, A bill for an act relating to economic development; creating the Lake Mille Lacs area economic restoration program; appropriating money for grants to businesses adversely affected by a decline in walleye fishing.

The bill was read for the first time and referred to the Committee on Ways and Means.

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Hamilton introduced:

H. F. No. 2660, A bill for an act relating to capital investment; appropriating money to make the tunnel connecting State Office Building and Capitol ADA compliant; authorizing the sale and issuance of state bonds.

The bill was read for the first time and referred to the Committee on Ways and Means.

Lesch introduced:

H. F. No. 2661, A resolution memorializing Congress to overturn the United States Supreme Court decision Citizens United v. FEC; requesting that Congress clarify that spending money to influence elections is not speech under the First Amendment; asking that Congress propose a constitutional amendment to provide such clarification.

The bill was read for the first time and referred to the Committee on Government Operations.

Schomacker introduced:

H. F. No. 2662, A bill for an act relating to capital investment; appropriating money and modifying an appropriation for a grant to Pipestone County; amending Laws 2018, chapter 214, article 1, section 21, subdivision 18.

The bill was read for the first time and referred to the Committee on Ways and Means.

Pryor; Bernardy; Nornes; Vang; Zerwas; Lee; Bahner; Moran; Lillie; Koegel; Edelson; Pierson; Pinto; Xiong, T.; Hassan; Howard; Daniels; Xiong, J.; Torkelson; Wolgamott; Brand; Lippert; Layman; Poppe; Lien; Noor; Mariani; Lesch and Halverson introduced:

H. F. No. 2663, A bill for an act relating to higher education; adjusting state grant program parameters; amending Minnesota Statutes 2018, sections 136A.101, subdivision 5a; 136A.121, subdivision 5.

The bill was read for the first time and referred to the Committee on Ways and Means.

Elkins, Edelson, Mann and Morrison introduced:

H. F. No. 2664, A bill for an act relating to health coverage; requiring coverage for lymphedema compression treatment items; proposing coding for new law in Minnesota Statutes, chapter 62A.

The bill was read for the first time and referred to the Committee on Commerce.

Persell introduced:

H. F. No. 2665, A bill for an act relating to capital investment; appropriating money for a new water treatment plant in Bemidji; authorizing the sale and issuance of state bonds.

The bill was read for the first time and referred to the Committee on Ways and Means.

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Lippert and Fischer introduced:

H. F. No. 2666, A bill for an act relating to environment; providing reimbursement to owners of private drinking water wells for mitigation of agricultural chemicals; modifying the membership of the Agricultural Chemical Response Compensation Board; appropriating money for private well mitigation; amending Minnesota Statutes 2018, sections 18E.02, subdivision 5; 18E.03, subdivision 2; 18E.05, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 18E.

The bill was read for the first time and referred to the Committee on Ways and Means.

Drazkowski, Munson, Bahr and Lucero introduced:

H. F. No. 2667, A bill for an act relating to human services; repealing child care assistance program; repealing Minnesota Statutes 2018, sections 119B.011, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 10a, 11, 12, 13, 13a, 14, 15, 16, 17, 18, 19, 19a, 19b, 20, 20a, 21, 22; 119B.02; 119B.025, subdivisions 1, 2, 3, 4; 119B.03, subdivisions 1, 2, 3, 4, 5, 6, 6a, 6b, 8, 9, 10; 119B.035; 119B.04; 119B.05, subdivisions 1, 4, 5; 119B.06, subdivisions 1, 2, 3; 119B.08, subdivisions 1, 2, 3; 119B.09, subdivisions 1, 3, 4, 4a, 5, 6, 7, 8, 9, 9a, 10, 11, 12, 13; 119B.095; 119B.097; 119B.10, subdivisions 1, 2, 3; 119B.105; 119B.11, subdivisions 1, 2a, 3, 4; 119B.12, subdivisions 1, 2; 119B.125; 119B.13, subdivisions 1, 1a, 3, 3a, 3b, 3c, 4, 5, 6, 7; 119B.14; 119B.15; 119B.16; Minnesota Rules, parts 3400.0010; 3400.0020, subparts 1, 4, 5, 8, 9a, 10a, 12, 17a, 18, 18a, 20, 24, 25, 26, 28, 29a, 31b, 32b, 33, 34a, 35, 37, 38, 38a, 38b, 39, 40, 40a, 44; 3400.0030; 3400.0035; 3400.0040, subparts 1, 3, 4, 5, 5a, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12, 13, 14, 15, 15a, 17, 18; 3400.0060, subparts 2, 4, 5, 6, 6a, 7, 8, 9, 10; 3400.0080, subparts 1, 1a, 1b, 8; 3400.0090, subparts 1, 2, 3, 4; 3400.0100, subparts 2a, 2b, 2c, 5; 3400.0110, subparts 1, 1a, 2, 2a, 3, 4a, 7, 8, 9, 10, 11; 3400.0120, subparts 1, 1a, 2, 2a, 3, 5; 3400.0130, subparts 1, 1a, 2, 3, 3a, 3b, 5, 5a, 7; 3400.0140, subparts 1, 2, 4, 5, 6, 7, 8, 9, 9a, 10, 14; 3400.0150; 3400.0170, subparts 1, 3, 4, 6a, 7, 8, 9, 10, 11; 3400.0180; 3400.0183, subparts 1, 2, 5; 3400.0185; 3400.0187, subparts 1, 2, 3, 4, 6; 3400.0200; 3400.0220; 3400.0230, subpart 3; 3400.0235, subparts 1, 2, 3, 4, 5, 6.

The bill was read for the first time and referred to the Committee on Health and Human Services Policy.

Mekeland introduced:

H. F. No. 2668, A bill for an act relating to retirement; Teachers Retirement Association and higher education individual retirement account plan; authorizing eligible St. Cloud State University employee to elect Teachers Retirement Association coverage and receive retroactive coverage.

The bill was read for the first time and referred to the Committee on Government Operations.

Hassan, Dehn, Her and Mariani introduced:

H. F. No. 2669, A bill for an act relating to education; modifying requirements for school performance reports; establishing an advisory task force; appropriating money; amending Minnesota Statutes 2018, section 120B.36, subdivision 1.

The bill was read for the first time and referred to the Committee on Education Policy.

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Lee introduced:

H. F. No. 2670, A bill for an act relating to state government; creating and appropriating money for a grant program for financial capability services integrated with taxpayer assistance services; requiring reports; increasing existing appropriation for the taxpayer assistance grants program; amending Minnesota Statutes 2018, section 270C.21.

The bill was read for the first time and referred to the Committee on Taxes.

Nelson introduced:

H. F. No. 2671, A bill for an act relating to retirement; increasing contribution rate for the higher education individual retirement account plan; amending Minnesota Statutes 2018, section 354B.23, subdivision 3.

The bill was read for the first time and referred to the Committee on Ways and Means.

Koegel introduced:

H. F. No. 2672, A bill for an act relating to human services; requiring commissioner of human services to close a Minnesota state-operated community services location.

The bill was read for the first time and referred to the Committee on Health and Human Services Policy.

Youakim and Mariani introduced:

H. F. No. 2673, A bill for an act relating to education finance; increasing local optional revenue; linking future increases in local optional revenue to the growth in the general education basic formula allowance; amending Minnesota Statutes 2018, sections 124E.20, subdivision 1; 126C.10, subdivisions 2e, 24; 126C.17, subdivisions 1, 2, 5, 6, 7, 7a.

The bill was read for the first time and referred to the Committee on Ways and Means.

Stephenson, Daudt and Koegel introduced:

H. F. No. 2674, A bill for an act relating to human services; establishing a supplemental rate for a housing support provider in Anoka County; amending Minnesota Statutes 2018, section 256I.05, subdivision 1r.

The bill was read for the first time and referred to the Committee on Ways and Means.

Persell introduced:

H. F. No. 2675, A bill for an act relating to economic development; establishing an airport infrastructure renewal (AIR) grant program; appropriating money for a grant program; proposing coding for new law in Minnesota Statutes, chapter 116J.

The bill was read for the first time and referred to the Committee on Ways and Means.

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MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Madam Speaker:

I have the honor to inform the House of Representatives that the Senate is ready to meet with the House in Joint Convention at 6:45 p.m., Wednesday, April 3, 2019 to receive the message of the Honorable Tim Walz, Governor of the State of Minnesota, which will be delivered at 7:00 p.m.

Cal R. Ludeman, Secretary of the Senate

Madam Speaker:

I hereby announce the Senate refuses to concur in the House amendments to the following Senate File:

S. F. No. 1743, A bill for an act relating to education; modifying the calculation of days and hours of instruction for students affected by snow days during the 2018-2019 school year; requiring affected school districts to report to the commissioner.

The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:

Senators Nelson, Wiger and Jasinski.

Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.

Cal R. Ludeman, Secretary of the Senate

Christensen moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 1743. The motion prevailed.

Madam Speaker:

I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:

S. F. Nos. 307 and 621.

Cal R. Ludeman, Secretary of the Senate

Journal of the House - 25th Day - Thursday, March 21, 2019 - Top of Page 1543

FIRST READING OF SENATE BILLS

S. F. No. 307, A bill for an act relating to public safety; transferring money to the disaster contingency account.

The bill was read for the first time.

Pelowski moved that S. F. No. 307 and H. F. No. 682, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 621, A bill for an act relating to transportation; appropriating money for certain reimbursements to deputy registrars.

The bill was read for the first time and referred to the Committee on Ways and Means.

ANNOUNCEMENT BY THE SPEAKER

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 1743:

Christensen, Youakim and Urdahl.

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 Monday, March 25, 2019 and established a prefiling requirement for amendments offered to the following bill:

H. F. No. 85.

CALENDAR FOR THE DAY

H. F. No. 10 was reported to the House.

Moller moved to amend H. F. No. 10 as follows:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2018, section 363A.03, subdivision 43, is amended to read:

Subd. 43. Sexual harassment. (a) "Sexual harassment" includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal or physical conduct or communication of a sexual nature when:

Journal of the House - 25th Day - Thursday, March 21, 2019 - Top of Page 1544

(1) submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining employment, public accommodations or public services, education, or housing;

(2) submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual's employment, public accommodations or public services, education, or housing; or

(3) that conduct or communication has the purpose or effect of substantially interfering with an individual's employment, public accommodations or public services, education, or housing, or creating an intimidating, hostile, or materially offensive employment, public accommodations, public services, educational, or housing environment.

(b) Paragraph (a), clause (3), does not require the harassing conduct or communication to be severe or pervasive. Conduct or communication has the purpose or effect of creating an intimidating, hostile, or materially offensive environment when:

(1) a reasonable person in similar circumstances to the plaintiff would find the environment intimidating, hostile, or materially offensive; and

(2) the plaintiff found the environment intimidating, hostile, or materially offensive.

The intimidating, hostile, or materially offensive environment must be determined based on the totality of the circumstances.

EFFECTIVE DATE. This section is effective August 1, 2019, and applies to causes of action arising on or after that date."

Scott moved to amend the Moller amendment to H. F. No. 10 as follows:

Page 1, line 15, strike the second "or" and insert "and" and delete "materially"

Page 1, line 19, delete "or" and insert "and" and delete "materially"

Page 1, line 21, delete "or" and insert "and" and delete "materially"

Page 1, line 22, delete "or" and insert "and" and delete "materially"

Page 2, line 1, delete "or" and insert "and" and delete "materially"

A roll call was requested and properly seconded.

The question was taken on the Scott amendment to the Moller amendment and the roll was called. There were 52 yeas and 72 nays as follows:

Those who voted in the affirmative were: