STATE OF
MINNESOTA
NINETY-SECOND
SESSION - 2022
_____________________
EIGHTY-SEVENTH
DAY
Saint Paul, Minnesota, Monday, April 4, 2022
The House of Representatives convened at
3:30 p.m. and was called to order by Melissa Hortman, Speaker of the House.
Prayer was offered by Representative Todd
Lippert, District 20B, Northfield, Minnesota and Community Minister at
Mayflower United Church of Christ, Minneapolis, 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
Agbaje
Akland
Albright
Anderson
Backer
Bahner
Bahr
Baker
Becker-Finn
Bennett
Berg
Bernardy
Bierman
Bliss
Boe
Boldon
Burkel
Carlson
Christensen
Daniels
Daudt
Davids
Davnie
Demuth
Dettmer
Drazkowski
Ecklund
Edelson
Elkins
Erickson
Feist
Fischer
Franke
Franson
Frazier
Frederick
Freiberg
Garofalo
Gomez
Green
Greenman
Grossell
Gruenhagen
Haley
Hamilton
Hansen, R.
Hanson, J.
Hassan
Hausman
Heinrich
Heintzeman
Her
Hertaus
Hollins
Hornstein
Howard
Huot
Igo
Johnson
Jordan
Jurgens
Keeler
Kiel
Klevorn
Koegel
Kotyza-Witthuhn
Koznick
Kresha
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Lucero
Lueck
Mariani
Marquart
Masin
McDonald
Mekeland
Miller
Moller
Moran
Morrison
Mortensen
Mueller
Munson
Murphy
Nash
Nelson, M.
Nelson, N.
Neu Brindley
Noor
Novotny
O'Driscoll
Olson, B.
Olson, L.
O'Neill
Pelowski
Petersburg
Pfarr
Pierson
Pinto
Poston
Pryor
Quam
Raleigh
Rasmusson
Reyer
Richardson
Robbins
Sandell
Sandstede
Schomacker
Schultz
Scott
Stephenson
Sundin
Swedzinski
Theis
Thompson
Torkelson
Urdahl
Vang
Wazlawik
West
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
A quorum was present.
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 communications were 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 David J. Osmek
President of the Senate
I have the honor to inform you that the following enrolled Act of the 2022 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 2022 |
Date Filed 2022 |
3372 42 3:17 p.m. March 30 March 30
Sincerely,
Steve
Simon
Secretary of State
STATE OF MINNESOTA
OFFICE OF THE GOVERNOR
SAINT PAUL 55155
April 1, 2022
The Honorable Melissa Hortman
Speaker of the House of Representatives
The State of Minnesota
Dear Speaker Hortman:
Please be advised that I have received, approved, signed, and deposited in the Office of the Secretary of State the following House File:
H. F. No. 4165, relating to state government; requiring divestment from certain investments relating to Russia and Belarus; terminating contracts with Russian and Belarusian entities; requiring a report.
Sincerely,
Tim
Walz
Governor
STATE OF MINNESOTA
OFFICE OF THE SECRETARY OF STATE
ST. PAUL 55155
The Honorable Melissa Hortman
Speaker of the House of Representatives
The Honorable David J. Osmek
President of the Senate
I have the honor to inform you that the following enrolled Acts of the 2022 Session of the State Legislature have been received from the Office of the Governor and are 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 2022 |
Date Filed 2022 |
4165 43 1:44 p.m. April 1 April 1
3472 44 1:44 p.m. April 1 April 1
Sincerely,
Steve
Simon
Secretary of State
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Marquart from the Committee on Taxes to which was referred:
H. F. No. 778, A bill for an act relating to gambling; authorizing and providing for sports betting; establishing licenses; prohibiting local restrictions; providing for taxation of sports betting; providing civil and criminal penalties; providing for amateur sports grants; requiring reports; appropriating money; amending Minnesota Statutes 2020, sections 260B.007, subdivision 16; 290.0131, by adding a subdivision; 290.0132, by adding a subdivision; 290.0133, by adding a subdivision; 290.0134, by adding a subdivision; 609.75, subdivisions 3, 4, 7, by adding a subdivision; 609.755; 609.76, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 240A; 299L; 609; proposing coding for new law as Minnesota Statutes, chapter 297J.
Reported the same back with the following amendments:
Page 9, line 14, delete "officer, director, or" and insert "director, officer, partner, member of the governing body for the applicant or licensee, person in a supervisory or management position of the applicant or licensee, or any direct or indirect holder of more than ten percent financial interest in the applicant or licensee"
Page 9, line 15, delete everything before the period
Page 9, line 23, delete "(a)"
Page 9, line 27, delete "and international"
Page 10, line 3, delete "state, federal," and insert "state and federal"
Page 10, line 4, delete "and international"
Page 10, delete lines 9 to 13
Page 15, line 22, before "A" insert "(a)"
Page 15, line 23, delete "or other materials pursuant" and insert "for the applicant's principal owners who directly own ten percent or more of the applicant and the applicant's officers;"
Page 15, delete lines 24 and 25
Renumber the clauses in sequence
Page 15, after line 29, insert:
"(b) Provided an application has
been completed to the satisfaction of the commissioner, disclosure of the
following public information may be waived:
(1) statutorily authorized pension
investment boards that are direct or indirect shareholders of an applicant; and
(2) investment funds or entities registered with the Securities and Exchange Commission, including any investment advisors or entities under the management of an entity registered with the Securities and Exchange Commission, that are direct or indirect shareholders of the applicant."
Page 24, delete sections 1 and 2
Page 25, delete sections 3 and 4
Page 25, delete lines 18 and 19
Page 25, line 20, delete "(4)" and insert "(3)"
Page 25, after line 21, insert:
"(4) "sporting event" has the meaning given in section 299L.10, subdivision 19;"
Page 25, delete lines 23 to 28 and insert:
"(6) "sports betting net
revenue" means the total of all cash and cash equivalents received in a
month by a mobile sports betting operator from wagers on sporting events, less
the following:
(i) cash paid out as winnings in the
month; and
(ii) the cash equivalent of noncash
prizes paid out as winnings in the month.
Sports betting net revenue does not include promotional credits or free bets that are used toward wagering on sporting events, or other cash and cash equivalents received by a mobile sports betting operator for activities other than sports betting; and"
Page 26, line 2, delete "......." and insert "June 30, 2023."
Page 26, line 7, delete "bets" and insert "wager" and delete "are" and insert "is" and after the period, insert "For purposes of this chapter, a wager is placed at the physical location of the individual placing the wager."
Page 26, delete subdivision 3 and insert:
"Subd. 3. Returns; due dates. A mobile sports betting operator must file a return by the 20th day of each month reporting the tax due under this section for the preceding month. The return must include the amount of all wagers received, payouts made, all sports betting taxes owed, and other information required by the commissioner. The tax under this chapter is due to be paid to the commissioner on the day the return is due."
Page 27, line 20, delete "......." and insert "June 30, 2023."
Page 27, delete subdivision 1
Renumber the subdivisions in sequence
Page 27, line 32, delete "reported to the commissioner" and insert "and taxes owed"
Page 28, line 1, after "years" insert "after the return is due or filed, whichever is later,"
Page 28, line 8, after the period, insert "Nothing in this subdivision limits the commissioner's ability to conduct its own audit pursuant to its authority under chapter 270C."
Page 28, line 10, delete "......." and insert "June 30, 2023."
Page 28, after line 10, insert:
"Sec. 4. [297J.04]
OTHER PROVISIONS APPLY.
Except for those provisions specific to
distributors, gambling products, or gambling equipment, sections 297E.11 to
297E.14 apply to this chapter.
EFFECTIVE DATE. This section is effective for sports betting net revenue received after ......."
Page 36, after line 21, insert:
"(4) provide problem gambling prevention education;"
Renumber the clauses in sequence
Renumber the sections in sequence and correct the internal references
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.
Becker-Finn from the Committee on Judiciary Finance and Civil Law to which was referred:
H. F. No. 1134, A bill for an act relating to human rights; requiring closed-captioned television in certain circumstances; amending Minnesota Statutes 2020, section 363A.11, subdivision 2.
Reported the same back with the following amendments:
Page 2, after line 20, insert:
"Sec. 2. IMPLEMENTATION.
The amended provision in section 1 must be implemented by August 1, 2023, for all places of public accommodation."
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Becker-Finn from the Committee on Judiciary Finance and Civil Law to which was referred:
H. F. No. 2738, A bill for an act relating to public defenders; appropriating money for the Board of Public Defense.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Becker-Finn from the Committee on Judiciary Finance and Civil Law to which was referred:
H. F. No. 2739, A bill for an act relating to civil legal services; appropriating money for civil legal services.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Hausman from the Committee on Housing Finance and Policy to which was referred:
H. F. No. 3244, A bill for an act relating to housing; adding an eligible use of housing infrastructure bonds; regulating issuance of housing infrastructure bonds; authorizing the sale and issuance of state bonds; appropriating money; amending Minnesota Statutes 2020, section 462A.37, subdivision 2, by adding a subdivision; Minnesota Statutes 2021 Supplement, section 462A.37, subdivision 5.
Reported the same back with the following amendments:
Page 5, delete section 4
Amend the title as follows:
Page 1, line 3, delete "authorizing the sale and"
Page 1, line 4, delete "issuance of state bonds;"
With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Hausman from the Committee on Housing Finance and Policy to which was referred:
H. F. No. 3287, A bill for an act relating to housing; requiring the establishment of a stable housing mediation grant program; appropriating money for the stable housing mediation grant program.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Bernardy from the Committee on Higher Education Finance and Policy to which was referred:
H. F. No. 3581, A bill for an act relating to higher education; public safety; establishing a program for highly qualified college degree holders to complete their peace officer education and training; establishing a peace officer college scholarship program for highly qualified high school graduates; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 626.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE 1
LAW ENFORCEMENT EDUCATION AND TRAINING
Section 1.
[626.8516] INTENSIVE
COMPREHENSIVE PEACE OFFICER EDUCATION AND TRAINING PROGRAM.
Subdivision 1. Establishment;
title. A program is
established within the Department of Public Safety to fund the intensive
comprehensive law enforcement education and training of highly qualified
college degree holders. The program
shall be known as the "intensive comprehensive peace officer education and
training program."
Subd. 2. Purpose;
participant qualities. The
program is intended to address the critical shortage of peace officers in the
state. The program shall recruit,
educate, and train highly qualified college graduates to become licensed peace
officers in the state through an intensive comprehensive process. A highly qualified participant shall have a
strong moral character and a proven commitment to community and public service. In addition, participants should possess
strong critical thinking, problem-solving, communication, and interpersonal
skills. Participants must also possess
the physical capabilities to perform the duties of a peace officer. The program shall strive to include persons
from groups that are currently underrepresented in policing. Program participants shall represent all
regions of the state.
Subd. 3. Eligibility. To be eligible to participate in the
program, a candidate must:
(1) hold a two- or four-year degree
from an accredited college or university;
(2) be a citizen of the United States;
(3) submit to a thorough background
check, including searches by local, state, and federal agencies, to disclose
the existence of any criminal record or conduct which would adversely affect
the performance by the candidate of peace officer duties; and
(4) possess a valid Minnesota driver's
license or, in case of residency therein, a valid driver's license from another
state, or eligibility to obtain either license.
Subd. 4. Application. The commissioner shall establish and
publish an application for participation in the program no later than November
1, 2022.
Subd. 5. Selection
committee; purpose; membership. (a)
The commissioner shall convene a selection committee to review applications and
make recommendations for participation in the program.
(b) The selection committee shall
consist of:
(1) a state employee experienced in law
enforcement who is appointed by the commissioner;
(2) a citizen member of the Ensuring
Police Excellence and Improving Community Relations Advisory Council;
(3) a representative of the Minnesota
Sheriffs' Association;
(4) a representative of the Minnesota
Chiefs of Police Association;
(5) a peace officer who is a member of
a statewide or national peace officer affinity group that represents a group or
groups that are currently underrepresented in law enforcement;
(6) a designee appointed by the commissioner of higher education;
(7) a representative of the National
Alliance on Mental Illness; and
(8) a person appointed by the
commissioner with experience in criminal justice and law enforcement
instruction provided at a private nonprofit postsecondary institution.
(c) The members of the selection
committee shall select a chair from its membership.
Subd. 6. Selection
process; commencement of coursework and training. (a) The selection committee shall
strive to provide opportunities to participate in the program to applicants
from groups that are currently underrepresented in law enforcement and who
represent the state's increasingly diverse population.
(b) For the initial cohort of program
participants, the selection committee shall make recommendations to the
commissioner no later than January 15, 2023.
(c) The commissioner shall select up to
125 persons to participate in the program each fiscal year.
(d)
The commissioner shall select and notify candidates of their selection to
participate in the initial cohort no later than February 15, 2023.
(e) The commissioner, in consultation
with the presidents of the institutions designated as education providers under
subdivision 11, shall establish a date to commence coursework and training for
the initial cohort of program participants.
Coursework must commence as soon as practicable, but no later than
September 1, 2023.
(f) The commissioner shall establish
future deadlines for the nomination of candidates, the selection of
participants, and commencement of coursework and training for subsequent
cohorts. The commissioner shall
establish these deadlines, in consultation with the presidents of the
institutions designated as education providers under subdivision 11, to ensure
that institutions providing training under the program have the staff,
facilities, and resources necessary to provide intensive comprehensive coursework
and training to participants.
Subd. 7. Nominations. Chief law enforcement officers may
nominate and recommend qualified candidates to participate in the program. Statewide and national peace officer affinity
groups that represent groups that are currently underrepresented in law
enforcement may also nominate candidates to participate in the program.
Subd. 8. Participant
benefits. Program
participants are entitled to the following benefits:
(1) tuition-free law enforcement
education and skills training needed to be eligible for licensure as a peace
officer;
(2) a stipend to provide for living
expenses while participating in the program;
(3) forgiveness of student loans
incurred for past higher education degrees, to the extent the legislature
appropriates funds for this purpose;
(4) a signing bonus when hired by a
state law enforcement agency as a peace officer; and
(5)
a bonus for being retained after completion of the 18-month probationary period
provided for in subdivision 14.
Subd. 9. Participant
obligations. (a) To enter the
program, participants must sign a contract agreeing to fulfill the program's
requirements and to fulfill the employment obligation under subdivision 10. The contract shall provide that a participant
who fails to meet the requirements of the program without being excused by the
commissioner must reimburse the state for the amount of state funds expended on
the participant. The contract shall also
include acknowledgment from the participant that the participant was advised of
the minimum selection standards to become a licensed peace officer in
Minnesota.
(b) To remain in the program,
participants must:
(1) continue to meet the eligibility
requirements to participate in the program established in subdivision 3;
(2) achieve passing grades in the
required courses;
(3) complete the required law
enforcement skills training;
(4) make timely progress towards
completion of the program;
(5) pass the Minnesota peace officer
licensure exam; and
(6) actively seek employment as
a peace officer with a Minnesota law enforcement agency until employed as a
peace officer.
Subd. 10. Employment
obligation. (a) Unless
granted an extension by the commissioner, a participant must be employed full
time in the state as a peace officer within six months of completing the
program.
(b) A participant must remain
continuously employed full time as a peace officer in the state for six years
after completion of the program.
(c) The commissioner shall annually
verify with the board that program graduates who have not fulfilled the total
employment obligation are employed as a peace officer by a state law
enforcement agency.
(d) The commissioner may approve, on a
case-by-case basis, employment in other public safety professions for program
graduates to satisfy their employment obligation. When the commissioner approves a program
graduate's request under this paragraph, the graduate must annually verify, in
a form and manner specified by the commissioner, that the recipient is employed
in a position that fulfills the employment obligation.
(e) Upon the request of a program
graduate, the commissioner may temporarily suspend the employment obligation
for extenuating circumstances. The
employment obligation is canceled upon the program graduate's death or total
and permanent disability.
Subd. 11. Education
providers; sites. (a) No
later than September 1, 2022, the Board of Trustees of the Minnesota State
Colleges and Universities shall designate at least four regionally diverse system
campuses to provide the required intensive comprehensive law enforcement
education and skills training to participants in the program.
(b) In addition to the campuses
designated under paragraph (a), the commissioner shall designate at least one
and not more than two private, nonprofit postsecondary institutions to provide
the required intensive comprehensive law enforcement education and skills
training to participants in the program.
Subd. 12. Education
and skills training program. No
later than February 1, 2023, the commissioner, in consultation with the
executive director of the board and the institutions designated as education
providers under subdivision 11, shall develop an intensive comprehensive law
enforcement education and skills training program that will provide program
participants with the law enforcement education and skills training needed to
be licensed as a peace officer. The
program must be designed to be completed in eight months or less and shall be
offered at the institutions designated under subdivision 11. The program may overlap, coincide with, or
draw upon existing law enforcement education and training programs at
institutions designated as education providers under subdivision 11. Existing law enforcement programs that are
designed to be completed in eight months or less may be considered an intensive
comprehensive law enforcement education and skills training program for
purposes of this section.
Subd. 13. Job
placement assistance; commissioner. The
commissioner shall assist program participants in identifying and applying for
peace officer positions in the state.
Subd. 14. Hiring
law enforcement agencies; extended probationary period granted; reassignment. (a) The chief law enforcement officer
of an agency that hires a program graduate shall have 18 months to evaluate the
officer's fitness for nonprobationary employment. If an agency elects not to offer a program
graduate an unrestricted position after the 18-month probationary period, the
agency shall provide the officer with up to three months of assistance in
finding another public safety position within Minnesota.
(b)
During a program graduate's 18-month probationary period, the hiring agency
must provide the officer with a mentor who is not the officer's partner. If the officer is a member of a group that is
currently underrepresented in law enforcement, the agency must make a good
faith effort to pair the officer with a mentor from the same underrepresented
group. When available, the agency shall
pair the officer with a mentor who is employed as a peace officer with another
law enforcement agency in the state.
Subd. 15. Account
established. (a) An intensive
comprehensive peace officer education and training program account is created
in the special revenue fund for depositing money appropriated to or received by
the department for this program. Money
deposited in the account is appropriated to the commissioner, does not cancel,
and is continuously available to fund the requirements of this section.
(b) The commissioner shall annually
transfer to any designated education provider under subdivision 11 funds
sufficient to provide the required education and skills training to program
participants. Each designated education
provider must receive the same amount of funds per program participant.
Subd. 16. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b) "Board" means the Board
of Peace Officer Standards and Training.
(c) "Commissioner" means the
commissioner of the Department of Public Safety.
(d) "Peace officer" has the
meaning given in section 626.84, subdivision 1, paragraph (c).
(e) "Program" means the
intensive comprehensive peace officer education and training program.
Sec. 2. [626.8518]
PEACE OFFICER COLLEGE SCHOLARSHIP PROGRAM.
Subdivision 1. Establishment. A program is established within the
Department of Public Safety to provide college scholarships to highly qualified
Minnesota high school graduates to earn a law enforcement degree from an
eligible postsecondary institution. The
program shall be known as the "peace officer college scholarship program."
Subd. 2. Purpose. The peace officer college scholarship
program is intended to recruit, educate, train, and mentor highly qualified
high school graduates to become licensed peace officers in the state. A highly qualified candidate shall
demonstrate a strong moral character and a commitment to community and public
service. In addition, candidates should
possess advanced critical thinking, problem-solving, communication, and
interpersonal skills. The program shall
strive to include persons from groups that are currently underrepresented in
policing. Program participants shall
represent all regions of the state.
Subd. 3. Program
eligibility. (a) To be
eligible for a scholarship under this section, a candidate must:
(1) qualify for resident tuition, as
defined in section 135A.043;
(2) be a citizen of the United States;
(3) submit to a thorough background
check, including searches by local, state, and federal agencies, to disclose
the existence of any criminal record or conduct which would adversely affect
the performance by the applicant of peace officer duties; and
(4) be enrolled for at least 12 credits
per term in a law enforcement degree, diploma, or certificate program at an
eligible institution, as defined by section 136A.101.
(b) Both current students and
newly admitted incoming students may apply for and receive a scholarship.
Subd. 4. Application;
program administration. (a)
The commissioner shall establish and publish an application for participation
in the scholarship program no later than November 1, 2022. For each academic year, the commissioner
shall establish the deadline for applicants to apply for a scholarship. The commissioner must publish the application
deadline at least 12 weeks prior to the deadline.
(b) The commissioner shall establish
the guidelines and programming necessary for implementing and administering the
program, including providing summer law enforcement and leadership skills
training to participants.
Subd. 5. Nominations. Chief law enforcement officers may
nominate up to two candidates to receive scholarships under this program each academic
year that funding is available for scholarships. Statewide and national peace officer affinity
groups that represent groups that are currently underrepresented in law
enforcement may also nominate candidates to participate in the program.
Subd. 6. Selection
committee; membership. (a)
The commissioner shall convene a selection committee to review applications and
recommend candidates for participation in the program.
(b) The selection committee shall
consist of:
(1) a state employee experienced in law
enforcement who is appointed by the commissioner;
(2) a citizen member of the Ensuring
Police Excellence and Improving Community Relations Advisory Council;
(3) a representative of the Minnesota
Sheriffs' Association;
(4) a representative of the Minnesota
Chiefs of Police Association;
(5) a peace officer who is a member of
a statewide or national peace officer affinity group that represents a group or
groups that are currently underrepresented in law enforcement;
(6) a designee appointed by the commissioner of higher education;
(7) a representative of the National
Alliance on Mental Illness; and
(8) a person appointed by the
commissioner with experience in criminal justice and law enforcement
instruction provided at a private, nonprofit postsecondary institution.
(c) The members of the selection
committee shall select a chair from its membership.
Subd. 7. Selection
process. (a) The commissioner
shall award up to 125 scholarships each academic year beginning in the
2023-2024 academic year to students that the selection committee recommends to
the commissioner. The commissioner shall
strive to provide opportunities to participate in the program to applicants
from groups that are currently underrepresented in law enforcement and who
represent the state's increasingly diverse population. The commissioner must ensure that
scholarships are awarded to students from all regions of the state.
(b) The commissioner shall establish
deadlines for the nomination of candidates and the selection of participants. For the initial cohort of program
participants, the selection committee shall make recommendations to the
commissioner no later than January 15, 2023.
The commissioner shall select and notify candidates of their selection
to
participate in the initial cohort no later than February 15, 2023. The selection committee shall give preference
to applicants from groups that are currently underrepresented in law
enforcement and who represent the state's increasingly diverse population.
Subd. 8. Participant
benefits. (a) Program
participants are entitled to the following benefits:
(1) free tuition and fees for up to
eight semesters;
(2) free law enforcement skills
training;
(3) supplemental law enforcement and
leadership skills training; and
(4) a stipend to provide for living
expenses while participating in the program.
(b) In calculating the amount of
tuition and fees covered by the scholarship under paragraph (a), clause (1),
the commissioner must first deduct:
(1) the amount of the federal Pell
Grant award for which the recipient is eligible;
(2) the amount of the state grant award
for which the recipient is eligible;
(3) the amount of any other state or
federal financial aid received; and
(4) the sum of all institutional
grants, scholarships, tuition waivers, and tuition remission amounts.
(c) For scholarship recipients
attending a private institution, the amount of tuition and fees covered by the
scholarship under paragraph (a), clause (1), must not exceed:
(1)
for private two-year programs, the highest amount of tuition and fees charged
at a public two-year institution; or
(2) for private four-year programs, the
highest amount of tuition and fees charged at a public university.
Subd. 9. Participant
obligations. (a) To enter the
program, participants must sign a contract agreeing to fulfill the program's
requirements, to fulfill the employment obligation under subdivision 10, and to
reimburse the state for failing to complete the program without being excused
from the program by the commissioner. The
contract shall also include acknowledgment from the participant that the
participant was advised of the minimum selection standards to become a licensed
peace officer in Minnesota.
(b) To remain in the program,
participants must:
(1) continue to meet the eligibility
requirements to participate in the program established in subdivision 3;
(2) remain in good academic standing
and make timely progress toward completion of a law enforcement degree as
provided for under paragraph (c);
(3) complete the required law
enforcement skills training;
(4) participate in leadership and peace
officer specific training provided by the commissioner each summer;
(5) pass the Minnesota peace officer
licensure exam; and
(6) actively seek employment as
a peace officer in a Minnesota law enforcement agency until employed as a peace
officer.
(c) Unless the commissioner approves a
participant's request for an extension or grants an exception to the
requirements of this paragraph, a participant must complete the program:
(1) in four academic years, if the
program is a bachelor's degree program; or
(2) in two academic years, if the
program is a diploma, certificate, or associate's degree program.
Subd. 10. Employment
obligation. (a) Unless
granted an extension by the commissioner, a participant must be employed full
time in the state as a peace officer within six months of completing the
program.
(b) A participant must remain
continuously employed full time as a peace officer in the state for six years
after completion of the program.
(c) For at least the first two years of
a program graduate's employment as a peace officer, the hiring agency must
provide the officer with a mentor who is not the officer's partner. If the officer is a member of a group that is
currently underrepresented in law enforcement, the agency must make a good
faith effort to pair the officer with a mentor from the same underrepresented
group. When available, the agency shall
pair the officer with a mentor who is employed as a peace officer with another
law enforcement agency in the state.
(d) The commissioner shall annually
verify with the board that program graduates who have not fulfilled the total
employment obligation are employed as a peace officer by a state law
enforcement agency.
(e) The commissioner may approve, on a
case-by-case basis, employment in other public safety professions for program
graduates to satisfy their employment obligation. When the commissioner approves a program
graduate's request under this paragraph, the person must annually verify, in a
form and manner specified by the commissioner, that the graduate is employed in
a position that fulfills the employment obligation.
(f) Upon the request of a program graduate,
the commissioner may temporarily suspend the employment obligation for
extenuating circumstances. The
employment obligation is canceled upon the program graduate's death or total
and permanent disability.
Subd. 11. Failure
to complete degree or satisfy the employment obligation. If a program participant fails to earn
their degree in the time provided, otherwise fails to meet the requirements of
the program without being excused from the program by the commissioner, or
fails to satisfy the employment obligation, the commissioner must convert the
amount of state funds expended on the participant's education and stipend into
a student loan and collect from the participant the total amount paid plus
interest at a rate established according to section 270C.40.
Subd. 12. Job
placement assistance; commissioner. The
commissioner shall assist program participants in identifying and applying for
peace officer positions in the state.
Subd. 13. Account
established. A peace officer
college scholarship program account is created in the special revenue fund for
depositing money appropriated to or received by the department for this program. Money deposited in the account is
appropriated to the commissioner, does not cancel, and is continuously available
to fund the requirements of this section.
Subd. 14. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b) "Board" means the Board of
Peace Officer Standards and Training.
(c) "Commissioner" means the commissioner
of the Department of Public Safety.
(d)
"Peace officer" has the meaning given in section 626.84, subdivision
1, paragraph (c).
(e) "Program" means the peace
officer college scholarship program.
Sec. 3. APPROPRIATIONS;
INTENSIVE COMPREHENSIVE PEACE OFFICER EDUCATION AND TRAINING PROGRAM.
Subdivision 1. Commissioner
of public safety; program creation and administration. $13,000,000 in fiscal year 2023 is
appropriated from the general fund for transfer to the intensive comprehensive
peace officer education and training program account in the special revenue
fund to establish and administer the intensive comprehensive peace officer
education and training program.
Subd. 2. Public
safety; outreach. $800,000 in
fiscal year 2023 is appropriated from the general fund for transfer to the
intensive comprehensive peace officer education and training program account in
the special revenue fund to conduct outreach to qualified candidates for the
intensive comprehensive peace officer education and training program. The commissioner shall use the funds to
target and recruit candidates or groups of candidates who meet the program's
eligibility requirements with an emphasis placed on reaching candidates from
groups that are currently underrepresented in law enforcement and who represent
the state's increasingly diverse population.
The commissioner shall conduct outreach directly to statewide and
national peace officer affinity groups that represent groups that are currently
underrepresented in law enforcement. The
commissioner shall contract with an agency with proven experience and success
in targeting and recruiting candidates for specific professions.
Sec. 4. APPROPRIATION;
PUBLIC SAFETY; TRANSFER TO MNSCU; PEACE OFFICER COLLEGE SCHOLARSHIP PROGRAM.
$2,600,000 in fiscal year 2023 is
appropriated from the general fund for transfer to the peace officer college
scholarship program account in the special revenue fund to establish and
administer the peace officer college scholarship program. The commissioner shall use a portion of this
appropriation to promote the program to students from groups that are currently
underrepresented in law enforcement and who represent the state's increasingly
diverse population. The commissioner
shall conduct outreach directly to statewide and national peace officer
affinity groups that represent groups that are currently underrepresented in
law enforcement.
Sec. 5. APPROPRIATION;
PEACE OFFICER EXPLORER PROGRAM GRANTS; MENTOR GRANTS.
Subdivision 1. Peace
officer explorer program grants. $1,000,000
in fiscal year 2023 is appropriated from the general fund to the commissioner
of public safety for reimbursement grants to local units of government that
operate peace officer explorer programs.
Applicants for reimbursement grants may receive up to 50 percent of the
cost of operating the program. Reimbursement
grants shall be proportionally allocated based on the number of grant
applications approved by the commissioner.
Subd. 2. Mentor
grants. $1,000,000 in fiscal
year 2023 is appropriated from the general fund to the commissioner of public
safety for reimbursement grants to local units of government that permit peace
officers employed by the applicant to serve as mentors to officers employed by
other agencies who have recently graduated from either the intensive
comprehensive peace officer education and training program or the peace officer
college scholarship program. Reimbursement
grants shall be proportionally allocated based on the number of grant
applications approved by the commissioner.
ARTICLE 2
SOCIAL WORK SCHOLARSHIPS
Section 1.
[136A.1285] SOCIAL WORK
SCHOLARSHIP PROGRAM.
Subdivision 1. Program
established. The commissioner
shall establish a scholarship program for eligible students preparing to become
licensed social workers in Minnesota.
Subd. 2. Eligible
students. (a) A student is
eligible for a scholarship under this section if the student is:
(1) a resident student;
(2) enrolled in a baccalaureate degree-granting
social work program at an eligible institution; and
(3) in good academic standing and
making satisfactory academic progress.
(b) To receive a scholarship under this
section, a student must:
(1) apply in the form and manner
specified by the commissioner; and
(2) sign a contract agreeing to fulfill
the employment obligation under subdivision 4.
(c) A student may receive a scholarship
under this section for no more than eight semesters or the equivalent.
Subd. 3. Scholarship
amounts. (a) The amount of a
scholarship awarded under this section shall be equal to the recipient's
recognized cost of attendance after deducting:
(1) the amount of the federal Pell
grant award for which the recipient is eligible;
(2) the amount of the state grant award
for which the recipient is eligible;
(3) the amount of any other state or
federal gift aid received; and
(4) the sum of all institutional
scholarships, grants, tuition waivers, and tuition remission amounts.
(b) For purposes of this section, the
recognized cost of attendance for a public institution has the meaning given in
Code of Federal Regulations, title 20, chapter 28, subchapter IV, part F,
section 1087ll. The recognized cost of
attendance for a private institution equals the lesser of:
(1) the cost of attendance for the
institution as calculated under Code of Federal Regulations, title 20, chapter
28, subchapter IV, part F, section 1087ll; or
(2) an amount equal to the highest
recognized cost of attendance at a public university.
(c) The scholarship shall be paid
directly to the institution where the recipient is enrolled.
Subd. 4. Employment
obligation. (a) Beginning
within six months of the completion the academic program for which the
scholarship was awarded, a scholarship recipient must:
(1) be licensed with the Minnesota
board of social work; and
(2)
be employed full time as a social worker in Minnesota for at least four years.
(b) A recipient who has completed the
program for which the scholarship was awarded but who has not fulfilled the
total employment obligation must annually verify, in a form and manner
specified by the commissioner, that the recipient is employed in a position
that fulfills the employment obligation.
(c) If a recipient fails to meet the
employment requirement, the commissioner shall convert the recipient's total
scholarship award to a student loan and collect from the participant the total
amount paid plus interest at a rate established according to section 270C.40.
(d) The commissioner may waive or defer
the employment obligation for a scholarship recipient for continued graduate
studies in social work or for circumstances involving extreme hardship.
(e) Any obligation to fulfill the
employment obligation cancels upon the death or permanent and total disability
of the scholarship recipient.
(f) The commissioner shall develop a
contract to be signed by all scholarship applicants. The contract shall bind the applicant to the
employment obligation under this subdivision.
Subd. 5. Insufficient
appropriation. If the amount
appropriated for this program is determined by the office to be insufficient to
make full awards to all eligible applicants, the commissioner shall prioritize
awards to eligible applicants based on the applicants' individual financial
needs as determined by the federal needs analysis.
Subd. 6. Report
required. By February 15 of
each year, the commissioner of higher education shall submit a report on the
details of the program under this section to the legislative committees with
jurisdiction over higher education finance and policy and to the Legislative
Reference Library as provided by Minnesota Statutes, section 3.195. The report shall include the following
information:
(1) the number of students receiving an
award in the previous year and the institutions they attended;
(2) the average and total award amounts
in the previous year, disaggregated by institution attended;
(3) summary demographic data on award
recipients in the previous year;
(4) data on recipients currently
subject to the employment obligation under subdivision 4, including the number
of recipients subject to the obligation, the number who are successfully
completing the obligation, the number who have
had their scholarships converted to loans, and the number who have had their
obligation waived or deferred; and
(5) if the appropriation for the
program was determined to be insufficient, an explanation of measures taken
under subdivision 5.
EFFECTIVE
DATE. This section is effective
the day following final enactment. The
commissioner shall begin offering scholarships under this section in the
2023-2024 academic year.
Sec. 2. APPROPRIATION;
SOCIAL WORK SCHOLARSHIPS.
(a) $2,600,000 in fiscal year 2023 is
appropriated from the general fund to the commissioner of the Office of Higher
Education for the social work scholarship program under Minnesota Statutes,
section 136A.1285.
(b) The office may use no more than three percent of the amount appropriated under this section to administer the scholarship program."
Delete the title and insert:
"A bill for an act relating to higher education; establishing a program for highly qualified college degree holders to complete peace officer education and training; establishing a peace officer college scholarship program for highly qualified high school graduates; establishing a scholarship program for students preparing to be licensed social workers; requiring a report; appropriating money; proposing coding for new law in Minnesota Statutes, chapters 136A; 626."
With the recommendation that when so amended the bill be re-referred to the Committee on Public Safety and Criminal Justice Reform Finance and Policy.
The
report was adopted.
Becker-Finn from the Committee on Judiciary Finance and Civil Law to which was referred:
H. F. No. 3605, A bill for an act relating to broadband; establishing a program of financial assistance to extend broadband service to unserved areas; establishing a process to allow existing easements to be used for broadband service; amending Minnesota Statutes 2020, sections 116J.395, subdivision 8; 116J.396, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 116J.
Reported the same back with the recommendation that the bill be placed on the General Register.
The
report was adopted.
Liebling from the Committee on Health Finance and Policy to which was referred:
H. F. No. 3636, A bill for an act relating to human services; modifying health care provisions in consumer information, foster care, asset limitations, annuities, telehealth services, managed care, and certain trusts; amending Minnesota Statutes 2020, sections 62J.2930, subdivision 3; 256B.055, subdivision 2; 256B.056, subdivisions 3c, 11; 256B.0595, subdivision 1; 256B.77, subdivision 13; 501C.1206; Minnesota Statutes 2021 Supplement, section 256B.0625, subdivision 3b; proposing coding for new law in Minnesota Statutes, chapter 256B; repealing Minnesota Statutes 2020, sections 256B.057, subdivision 7; 256B.69, subdivision 20.
Reported the same back with the following amendments:
Page 2, after line 12, insert:
"Sec. 3. Minnesota Statutes 2020, section 256B.056, subdivision 3b, is amended to read:
Subd. 3b. Treatment
of trusts. (a) It is the public
policy of this state that individuals use all available resources to pay for
the cost of long-term care services, as defined in section 256B.0595, before
turning to Minnesota health care program funds, and that trust instruments
should not be permitted to shield available resources of an individual or an
individual's spouse from such use.
(a) (b) A "medical
assistance qualifying trust" is a revocable or irrevocable trust, or
similar legal device, established on or before August 10, 1993, by a person or
the person's spouse under the terms of which the person receives or could
receive payments from the trust principal or income and the trustee has
discretion in making payments to the person from the trust principal or income. Notwithstanding that definition, a medical
assistance
qualifying trust does not include: (1) a trust set up by will; (2) a trust set up before April 7, 1986, solely to benefit a person with a developmental disability living in an intermediate care facility for persons with developmental disabilities; or (3) a trust set up by a person with payments made by the Social Security Administration pursuant to the United States Supreme Court decision in Sullivan v. Zebley, 110 S. Ct.885 (1990). The maximum amount of payments that a trustee of a medical assistance qualifying trust may make to a person under the terms of the trust is considered to be available assets to the person, without regard to whether the trustee actually makes the maximum payments to the person and without regard to the purpose for which the medical assistance qualifying trust was established.
(b) (c) Trusts established
after August 10, 1993, are treated according to United States Code, title 42,
section 1396p(d).
(c) (d) For purposes of
paragraph (d) (e), a pooled trust means a trust established under
United States Code, title 42, section 1396p(d)(4)(C).
(d) (e) A beneficiary's
interest in a pooled trust is considered an available asset unless the trust
provides that upon the death of the beneficiary or termination of the trust during
the beneficiary's lifetime, whichever is sooner, the department receives any
amount, up to the amount of medical assistance benefits paid on behalf of the
beneficiary, remaining in the beneficiary's trust account after a deduction for
reasonable administrative fees and expenses, and an additional remainder amount. The retained remainder amount of the
subaccount must not exceed ten percent of the account value at the time of the
beneficiary's death or termination of the trust, and must only be used for the
benefit of disabled individuals who have a beneficiary interest in the pooled
trust.
(e) (f) Trusts may be
established on or after December 12, 2016, by a person who has been determined
to be disabled, according to United States Code, title 42, section
1396p(d)(4)(A), as amended by section 5007 of the 21st Century Cures Act,
Public Law 114-255.
EFFECTIVE DATE. This section is effective the day following final enactment."
Page 10, after line 11, insert:
"Sec. 8. Minnesota Statutes 2020, section 256B.0625, subdivision 64, is amended to read:
Subd. 64. Investigational drugs, biological products, devices, and clinical trials. Medical assistance and the early periodic screening, diagnosis, and treatment (EPSDT) program do not cover the costs of any services that are incidental to, associated with, or resulting from the use of investigational drugs, biological products, or devices as defined in section 151.375 or any other treatment that is part of an approved clinical trial as defined in section 62Q.526. Participation of an enrollee in an approved clinical trial does not preclude coverage of medically necessary services covered under this chapter that are not related to the approved clinical trial. Any items or services that are provided solely to satisfy data collection and analysis for a clinical trial, and not for direct clinical management of the enrollee, are not covered."
Page 11, delete lines 24 to 27 and insert:
"(3) assisting enrollees, when requested, with prepaid health plan grievances, appeals, or the state fair hearing process;"
Renumber the clauses in sequence
Page 13, delete section 9
Page 14, delete section 10 and insert:
"Sec. 11. REPEALER.
(a) Minnesota Statutes 2020, section
256B.057, subdivision 7, is repealed on July 1, 2022.
(b) Minnesota Statutes 2020, sections
256B.69, subdivision 20; and 501C.1206, are repealed the day following final
enactment."
Renumber the sections in sequence and correct the internal references
Amend the title as follows:
Page 1, line 4, after "care," insert "clinical trials,"
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.
Stephenson from the Committee on Commerce Finance and Policy to which was referred:
H. F. No. 3784, A bill for an act relating to commerce; real estate appraisers; making changes related to minimum damage acquisition reports, continuing education, and investigations by the commissioner; amending Minnesota Statutes 2020, sections 82B.03, by adding a subdivision; 82B.07; 82B.19, by adding a subdivision; 82C.17, subdivision 2.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2020, section 82B.03, is amended by adding a subdivision to read:
Subd. 4. Minimum
damage acquisition report. A
real estate appraiser may provide a minimum damage acquisition report for
purposes of section 117.036. When
providing a minimum damage acquisition report, a real estate appraiser is not
engaged in real estate appraisal activity and is not subject to this chapter.
Sec. 2. Minnesota Statutes 2020, section 82B.19, is amended by adding a subdivision to read:
Subd. 5. Out-of-state
continuing education credit. (a)
For purposes of this subdivision, the following terms have the meanings given:
(1) "asynchronous educational
offering" has the meaning given in the most recent version of the Real
Property Appraiser Qualification Criteria, as established by the Appraiser
Qualifications Board; and
(2) "synchronous educational
offering" has the meaning given in the most recent version of the Real
Property Appraiser Qualification Criteria, as established by the Appraiser
Qualifications Board, and includes an educational process based on live or
real-time instruction where there is no geographic separation of instructor and
student.
(b) Notwithstanding section
45.30, subdivisions 1 and 6, a real estate appraiser may submit, in a form
prescribed by the commissioner, an application for continuing education credit
for a synchronous educational offering that has not been submitted for prior
approval in Minnesota. The commissioner
must grant a real estate appraiser continuing education credit if:
(1) the application is submitted on or
before August 1 of the year in which the real estate appraiser license is due
for renewal;
(2) the synchronous educational offering
has been approved for continuing education credit by the regulator of real
estate appraisers in at least one other state or United States territory; and
(3) an application is submitted by the
real estate appraiser to the commissioner within 30 days of successful
completion of the synchronous education offering.
(c) The application must include a
certificate of successful completion from the synchronous education offering
provider. The commissioner must grant a
real estate appraiser the same number of continuing education credits for the successful completion of the synchronous
educational offering as was approved for the offering by the out-of-state
real estate appraiser regulatory authority.
The commissioner must grant a real estate appraiser continuing education
credit within 60 days of the submission of the completed application for
out-of-state continuing education credit.
(d) The commissioner may charge a fee to
a real estate appraiser, in an amount to be determined by the commissioner, to
submit an application under this subdivision.
(e) This subdivision does not apply to
asynchronous educational offerings.
Sec. 3. Minnesota Statutes 2021 Supplement, section 82B.25, subdivision 2, is amended to read:
Subd. 2. Education. Within two years of receiving a
license under this chapter and as required by the Appraiser Qualifications
Board, A real property appraiser shall provide to the commissioner evidence
of satisfactory completion of a continuing education course on the valuation
bias of real property. An appraiser
licensed after September 1, 2021, must complete the course required by this
section prior to the appraiser's first license renewal.
Sec. 4. Minnesota Statutes 2020, section 82C.17, subdivision 2, is amended to read:
Subd. 2. Evidence. (a) An appraisal management company can evidence that the fees paid to an appraiser were reasonable and customary through:
(1) objective third-party information,
including, but not limited to, government agency fee schedules or academic
studies. An academic study used must
exclude appraisal assignments ordered by an appraisal management company. The commissioner may establish a fee
scheduled for use by an appraisal management company; or
(2) reviewing each of the following factors and making adjustments to recent fees paid for appraisal services performed in the market area:
(i) the type of property appraised;
(ii) the scope of the appraisal work;
(iii) the time in which the appraisal service must be performed;
(iv) appraiser qualifications;
(v) appraiser experience and professional record; and
(vi) appraiser work quality.
(b) The fees paid for a complex appraisal assignment shall reflect the increased time, difficulty, and scope of work required.
(c) An appraisal management company shall maintain written documentation describing and substantiating all methods and information used to determine the customary and reasonable fees required by this section.
Sec. 5. EFFECTIVE
DATE.
Sections 1 to 4 are effective September 1, 2022."
Amend the title as follows:
Page 1, line 3, delete the first comma and insert "and" and delete everything after "education"
Page 1, line 4, delete "commissioner"
Correct the title numbers accordingly
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Nelson, M., from the Committee on State Government Finance and Elections to which was referred:
H. F. No. 3834, A bill for an act relating to local government; clarifying the statutory authority that applies to the Bloomington Housing and Redevelopment Authority; amending Laws 1971, chapter 616, sections 1, as amended; 2, as amended.
Reported the same back with the recommendation that the bill be placed on the General Register.
The
report was adopted.
Hornstein from the Committee on Transportation Finance and Policy to which was referred:
H. F. No. 3931, A bill for an act relating to transportation; allocating state general sales tax revenue related to motor vehicle repair and replacement parts exclusively to fund roads; amending Minnesota Statutes 2020, section 297A.94.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2020, section 297A.94, is amended to read:
297A.94
DEPOSIT OF REVENUES.
(a) Except as provided in this section, the commissioner shall deposit the revenues, including interest and penalties, derived from the taxes imposed by this chapter in the state treasury and credit them to the general fund.
(b) The commissioner shall deposit taxes in the Minnesota agricultural and economic account in the special revenue fund if:
(1) the taxes are derived from sales and use of property and services purchased for the construction and operation of an agricultural resource project; and
(2) the purchase was made on or after the date on which a conditional commitment was made for a loan guaranty for the project under section 41A.04, subdivision 3.
The commissioner of management and budget shall certify to the commissioner the date on which the project received the conditional commitment. The amount deposited in the loan guaranty account must be reduced by any refunds and by the costs incurred by the Department of Revenue to administer and enforce the assessment and collection of the taxes.
(c) The commissioner shall deposit the revenues, including interest and penalties, derived from the taxes imposed on sales and purchases included in section 297A.61, subdivision 3, paragraph (g), clauses (1) and (4), in the state treasury, and credit them as follows:
(1) first to the general obligation special tax bond debt service account in each fiscal year the amount required by section 16A.661, subdivision 3, paragraph (b); and
(2) after the requirements of clause (1) have been met, the balance to the general fund.
(d) Beginning with sales taxes remitted after July 1, 2017, the commissioner shall deposit in the state treasury the revenues collected under section 297A.64, subdivision 1, including interest and penalties and minus refunds, and credit them to the highway user tax distribution fund.
(e) The commissioner shall deposit the revenues, including interest and penalties, collected under section 297A.64, subdivision 5, in the state treasury and credit them to the general fund. By July 15 of each year the commissioner shall transfer to the highway user tax distribution fund an amount equal to the excess fees collected under section 297A.64, subdivision 5, for the previous calendar year.
(f) Beginning with sales taxes remitted after July 1, 2017, in conjunction with the deposit of revenues under paragraph (d), the commissioner shall deposit into the state treasury and credit to the highway user tax distribution fund an amount equal to the estimated revenues derived from the tax rate imposed under section 297A.62, subdivision 1, on the lease or rental for not more than 28 days of rental motor vehicles subject to section 297A.64. The commissioner shall estimate the amount of sales tax revenue deposited under this paragraph based on the amount of revenue deposited under paragraph (d).
(g) Starting after July 1, 2017, the
commissioner shall deposit an amount of the remittances monthly into the state
treasury and credit them to the highway user tax distribution fund as a portion
of the estimated amount of taxes collected from the sale and purchase of motor
vehicle repair parts in that month. For
the remittances between July 1, 2017, and June 30, 2019, the monthly deposit
amount is $2,628,000. For remittances in
each subsequent fiscal year, the monthly deposit amount is $12,137,000. The commissioner must deposit the revenues
derived from the taxes imposed on the sale and purchase of motor vehicle repair
and replacement parts in the state treasury and credit:
(1) 53 percent to the highway user tax
distribution fund;
(2) four percent to the small cities
assistance account in the special revenue fund under section 162.145;
(3) three percent to the town road
account under section 162.081;
(4) 36 percent to the metropolitan
area transit account in the transit assistance fund under section 16A.88; and
(5) four percent to the greater
Minnesota transit account in the transit assistance fund under section 16A.88.
For purposes of this paragraph, "motor vehicle" has the meaning given in section 297B.01, subdivision 11, and "motor vehicle repair and replacement parts" includes (i) all parts, tires, accessories, and equipment incorporated into or affixed to the motor vehicle as part of the motor vehicle maintenance and repair, and (ii) paint, oil, and other fluids that remain on or in the motor vehicle as part of the motor vehicle maintenance or repair. For purposes of this paragraph, "tire" means any tire of the type used on highway vehicles, if wholly or partially made of rubber and if marked according to federal regulations for highway use.
(h) 72.43 percent of the revenues, including interest and penalties, transmitted to the commissioner under section 297A.65, must be deposited by the commissioner in the state treasury as follows:
(1) 50 percent of the receipts must be deposited in the heritage enhancement account in the game and fish fund, and may be spent only on activities that improve, enhance, or protect fish and wildlife resources, including conservation, restoration, and enhancement of land, water, and other natural resources of the state;
(2) 22.5 percent of the receipts must be deposited in the natural resources fund, and may be spent only for state parks and trails;
(3) 22.5 percent of the receipts must be deposited in the natural resources fund, and may be spent only on metropolitan park and trail grants;
(4) three percent of the receipts must be deposited in the natural resources fund, and may be spent only on local trail grants; and
(5) two percent of the receipts must be deposited in the natural resources fund, and may be spent only for the Minnesota Zoological Garden, the Como Park Zoo and Conservatory, and the Duluth Zoo.
(i) The revenue dedicated under paragraph (h) may not be used as a substitute for traditional sources of funding for the purposes specified, but the dedicated revenue shall supplement traditional sources of funding for those purposes. Land acquired with money deposited in the game and fish fund under paragraph (h) must be open to public hunting and fishing during the open season, except that in aquatic management areas or on lands where angling easements have been acquired, fishing may be prohibited during certain times of the year and hunting may be prohibited. At least 87 percent of the money deposited in the game and fish fund for improvement, enhancement, or protection of fish and wildlife resources under paragraph (h) must be allocated for field operations.
(j) The commissioner must deposit the revenues, including interest and penalties minus any refunds, derived from the sale of items regulated under section 624.20, subdivision 1, that may be sold to persons 18 years old or older and that are not prohibited from use by the general public under section 624.21, in the state treasury and credit:
(1) 25 percent to the volunteer fire assistance grant account established under section 88.068;
(2) 25 percent to the fire safety account established under section 297I.06, subdivision 3; and
(3) the remainder to the general fund.
For purposes of this paragraph, the percentage of total sales and use tax revenue derived from the sale of items regulated under section 624.20, subdivision 1, that are allowed to be sold to persons 18 years old or older and are not prohibited from use by the general public under section 624.21, is a set percentage of the total sales and use tax revenues collected in the state, with the percentage determined under Laws 2017, First Special Session chapter 1, article 3, section 39.
(k) The revenues deposited under paragraphs (a) to (j) do not include the revenues, including interest and penalties, generated by the sales tax imposed under section 297A.62, subdivision 1a, which must be deposited as provided under the Minnesota Constitution, article XI, section 15.
EFFECTIVE
DATE. This section is
effective July 1, 2022.
Sec. 2. Minnesota Statutes 2020, section 473.388, subdivision 4, is amended to read:
Subd. 4. Financial assistance; base allocation. (a) The council must grant financial assistance if (1) the service of the statutory or home rule charter city, town, or combination, replaces the council's service to the statutory or home rule charter city, town, or combination, and (2) the service meets the needs of the recipient at least as efficiently and effectively as the council's service.
(b) The amount of assistance which the council must provide to a system under this section must not be less than the sum of (1) the amounts calculated under paragraph (c), and (2) the amount calculated under subdivision 4a.
(c) The financial assistance base allocation for each replacement service municipality is calculated as:
(1) an amount equal to 3.74 percent of the sum of (i) the total state revenues generated from the taxes imposed under chapter 297B for the current fiscal year, and (ii) the amount deposited in the metropolitan area transit account in the transit assistance fund as provided under section 297A.94; times
(2) the ratio of:
(i) the transit operating assistance grants received under this subdivision by the municipality in calendar year 2001 or the tax revenues for transit services levied by the municipality for taxes payable in 2001, including that portion of the levy derived from the areawide pool under section 473F.08, subdivision 3, clause (a), plus the portion of the municipality's aid under Minnesota Statutes 2002, section 273.1398, subdivision 2, attributable to the transit levy; to
(ii) the total transit operating assistance grants received under this subdivision in calendar year 2001 or the tax revenues for transit services levied by all replacement service municipalities under this section for taxes payable in 2001, including that portion of the levy derived from the areawide pool under section 473F.08, subdivision 3, clause (a), plus the portion of homestead and agricultural credit aid under Minnesota Statutes 2002, section 273.1398, subdivision 2, attributable to nondebt transit levies; times
(3) the ratio of:
(i) the municipality's total taxable market value for taxes payable in 2006 divided by the municipality's total taxable market value for taxes payable in 2001; to
(ii) the total taxable market value of all property located in replacement service municipalities for taxes payable in 2006 divided by the total taxable market value of all property located in replacement service municipalities for taxes payable in 2001.
(d) The council must pay the amount to be provided to the recipient under this subdivision from the funds the council receives in the metropolitan area transit account under section 16A.88.
EFFECTIVE DATE; APPLICATION. This section is effective July 1, 2022, and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington."
Amend the title as follows:
Page 1, line 3, delete "exclusively to fund roads"
Correct the title numbers accordingly
With the recommendation that when so amended the bill be re-referred to the Committee on Taxes.
The
report was adopted.
Mariani from the Committee on Public Safety and Criminal Justice Reform Finance and Policy to which was referred:
H. F. No. 4026, A bill for an act relating to labor; modifying timeline for duty disability determinations; requiring treatment as part of workers' compensation benefits; requiring preservice and in-service wellness training for peace officers and firefighters; appropriating money; amending Minnesota Statutes 2020, sections 176.101, by adding subdivisions; 299A.465, subdivision 4; 353.031, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 626.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2020, section 299A.465, subdivision 4, is amended to read:
Subd. 4. Public
employer reimbursement. (a) A
public employer subject to this section may annually apply by August 1 for the
preceding fiscal year to the commissioner of public safety for reimbursement to
help defray a portion of its costs of complying with this section. Except as provided for in paragraph (b),
the commissioner shall provide an equal pro rata share reimbursement
to the public employer out of the public safety officer's benefit account based
on the availability of funds for each eligible officer, firefighter, and
qualifying dependents. Individual shares
must not exceed the actual costs of providing coverage under this section by a
public employer.
(b) Beginning on January 1, 2023, a
public employer is not eligible for reimbursement under paragraph (a) unless
the employer provides at least one of the following:
(1) annual wellness training to peace
officers and firefighters who either are employed or volunteer for the
employer; or
(2) an employee assistance program or
peer support program.
Wellness training for peace officers must incorporate the
learning objectives established by the Peace Officer Standards and Training
Board under section 626.8477. No later
than February 1, 2023, the Board of Firefighter Training and Education must
create a wellness training program for public employers to offer to
firefighters to satisfy the requirements of this paragraph.
Sec. 2. Minnesota Statutes 2020, section 352B.10, subdivision 4, is amended to read:
Subd. 4. Proof of disability. (a) No disability benefits may be paid unless adequate proof is furnished to the executive director of the existence of the disability.
(b) Except as provided under section 352B.102, adequate proof of a disability must include a written expert report by a licensed physician, by a licensed chiropractor, or with respect to a mental impairment, by a licensed psychologist.
(c) Following the commencement of benefit payments, the executive director has the right, at reasonable times, to require the disabilitant to submit proof of the continuance of the disability claimed.
Sec. 3. Minnesota Statutes 2020, section 352B.101, is amended to read:
352B.101
APPLICATION FOR DISABILITY BENEFIT.
(a) Except as provided in paragraph (b), a member claiming a disability benefit must file a written application for benefits in the office of the system in a form and manner prescribed by the executive director. The member shall provide medical or psychological evidence to support the application. The benefit begins to accrue the day following the start of disability or the day following the last day for which the member was paid, whichever is later, but not earlier than 180 days before the date the application is filed with the executive director.
(b) Notwithstanding any law to the
contrary, an employee, as defined in section 352B.102, subdivision 1, clause
(2), who applies for a duty disability benefit based on a psychological
condition, as defined in section 352B.102, subdivision 1, clause (8), is not
eligible for duty disability benefits under this chapter until the employee has
satisfied the additional requirements under section 352B.102.
Sec. 4. [352B.102]
DUTY DISABILITY PROCEDURE; PSYCHOLOGICAL CONDITION.
Subdivision 1. Definitions.
For the purposes of this section,
the following terms have the meanings given:
(1) "diagnosed with a mental
illness" or "diagnosis of a mental illness" means a diagnosis by
a licensed psychiatrist or psychologist and meeting the criteria for a
condition or conditions included in the most recent editions of the DC: 0-5
Diagnostic Classification of Mental Health and Development Disorders of Infancy
and Early Childhood published by Zero to Three or the Diagnostic and Statistical Manual of Mental Disorders published by
the American Psychiatric Association;
(2) "employee" means a peace
officer or firefighter who is diagnosed with a mental illness and is a member
of the State Patrol retirement plan under section 352B.02;
(3) "employer" means an
employer of a member of the State Patrol retirement plan;
(4) "firefighter" has the
meaning given in section 299A.465, subdivision 5, paragraph (c);
(5) "mental health care
provider" means a currently licensed psychologist or psychiatrist whose
practice primarily involves mental health treatment;
(6) "peace officer" has the
meaning given in section 299A.465, subdivision 5, paragraph (a);
(7) "psychiatrist" means a
physician licensed under chapter 147 if the physician is:
(i) certified by the American Board of
Psychiatry and Neurology;
(ii) certified by the American
Osteopathic Board of Neurology and Psychiatry; or
(iii) eligible for board certification
in psychiatry;
(8) "psychological
condition" means a diagnosis of a mental illness; and
(9) "psychologist" means a
psychologist licensed by the Board of Psychology under sections 148.88 to 148.98.
Subd. 2. Application. Notwithstanding any law to the
contrary, the procedure in this section applies to any application for a duty
disability based on a psychological condition for an employee.
Subd. 3. Initial
approval. (a) An employee who
applies for duty disability as provided under sections 352B.10 and 352B.101
based on a psychological condition must first receive initial approval as
provided under this subdivision.
(b) To apply for initial approval, the
employee shall submit the following documentation in the form and manner
prescribed by the executive director:
(1) a report by a licensed psychologist
or psychiatrist finding that the employee is diagnosed with a mental illness
and is currently unable to perform the duties of the position held by the
employee on the date of the injury or the onset of the mental illness;
(2) documentation from the employer
certifying the dates the employee was on active duty in a position with
inherently dangerous duties specific to the position covered under the State
Patrol retirement plan; and
(3) documentation that the employee was
diagnosed with a mental illness after being employed on active duty in a
position covered under the State Patrol retirement plan under section 352B.02
and had not been diagnosed with a mental illness previously. If the employee was diagnosed with a mental
illness prior to active duty, the employee may also submit medical and health
care evidence that the mental illness worsened as a result of active duty to
meet this requirement.
(c) The executive director has the
right, as deemed reasonable, to request additional medical and health care
evidence, including all medical records and relevant information from any
source, as well as additional employment records or certifications from the
employer, to establish adequate proof that an employee meets the requirements
for initial approval.
(d) An employee who receives initial
approval under this subdivision is not considered disabled for the purposes of
a duty disability under section 352B.011, subdivision 7. The employee must complete the additional
requirements under this section and receive final approval under subdivision 6
before receiving duty disability benefits or related benefits.
Subd. 4. Treatment
required. (a) An employee who
receives initial approval under subdivision 3 shall complete at least 32 weeks
of treatment for the employee's diagnosed mental illness, as provided under
this subdivision, before a final determination can be made under subdivision 6. Treatment shall be at the direction of a
licensed psychologist or psychiatrist using treatment modalities indicated for
the treatment of the diagnosed mental illness. The employer shall pay for the treatment
costs and may seek reimbursement as provided under paragraph (e).
(b) The employee's mental health care
provider must assess the employee's progress in treatment monthly and at the
end of the 32 weeks, including any change to the employee's ability to return
to the position held by the employee on the date of injury or at the onset of
the mental illness, or to another position with the employer which produces an
economic status as close as possible to, or better than, the economic status
the employee would have enjoyed before the date of injury or onset of mental
illness. A final determination under
subdivision 6 must be supported by a report from the employee's mental health
care provider containing an opinion about the employee's prognosis, the
duration of the disability, and the expectations for improvement following the
treatment. A report that does not
contain and support a finding that the employee's disability as a result of a
psychological condition will last for at least 12 months must not be relied
upon to support final approval of duty disability benefits.
(c) The employee may return to
work prior to the completion of the 32 weeks of treatment, if the employee's
mental health care provider determines that the employee is medically able to
do so.
(d) The employee may return to light
duty assignments prior to the completion of the 32 weeks of treatment if deemed
medically appropriate by the employee's mental health care provider and with
the employer's approval.
(e) An employer may annually apply by
August 1 for the preceding fiscal year to the commissioner of public safety for
reimbursement of the treatment costs incurred by the employer under this
subdivision and subdivision 7. An
employer must apply for this reimbursement in the form and manner specified by
the commissioner of public safety.
(f) Notwithstanding any law to the
contrary, an employee who is cleared to return to work or light duty under
paragraph (c) or (d) is presumed to be fit for duty. An employer must not request a fitness for
duty exam or deny the employee's return to work or light duty except upon a
showing of substantial factors to rebut the presumption.
Subd. 5. Continuation
of wages and benefits. (a)
For an employee receiving treatment under subdivision 4 or 7, an employer shall
continue:
(1) to pay the employee's full wages or
salary, including any employer contribution to health care and retirement
benefits;
(2) to provide health insurance
benefits to the employee and to the employee's dependents, if the employee was
receiving dependent coverage at the time of the injury under the employer's
group health plan; and
(3) to provide any other employment
benefits provided to the employee under the employee's currently applicable
collective bargaining agreement.
(b) Nothing in paragraph (a): (1) prevents an employer from providing
benefits in addition to those required by this section; or (2) otherwise
affects an employee's rights with respect to any other employment benefit.
(c) An employer subject to this
subdivision may annually apply by August 1 for the preceding fiscal year to the
commissioner of public safety for reimbursement of:
(1) the costs incurred to continue
wages and benefits as required under this subdivision; and
(2) the wage-related costs incurred to
backfill a position for the period of treatment required for an employee under
subdivision 4 or 7.
(d) An employer must apply for the
reimbursement in the form and manner specified by the commissioner of public
safety.
Subd. 6. Final
approval, denial, or continuation of treatment. (a) Following completion of treatment
under subdivision 4, the Minnesota State Retirement System shall review an
employee's application for duty disability as provided under sections 352B.10
and 352B.101, confirm the treatment requirements are satisfied, and make one of
the following determinations:
(1) continue the initial approval for
an additional eight weeks for the employee to complete additional treatment, as
provided under subdivision 7;
(2) deny the employee's
application for duty disability because the employee is able to return to
employment in the position held by the employee on the date of injury or at the
onset of the mental illness, or to another position with the employer which
produces an economic status as close as possible to, or better than, the
economic status the employee would have enjoyed before the date of injury or
onset of the mental illness, or because the employee is otherwise determined to
be ineligible under sections 352B.10 and 352B.101; or
(3) determine the employee is eligible
under sections 352B.10 and 352B.101 and approve the employee's application for
duty disability, at which time the employee may start to receive duty
disability benefits as provided under this chapter and any related benefits
stemming from a determination of duty disability.
(b) Following completion of the
additional treatment under subdivision 7, if applicable, the Minnesota State
Retirement System shall confirm the treatment requirements are satisfied,
review any updates to the employee's application
for duty disability, and issue a final approval or denial, as provided under
paragraph (a), clauses (2) and (3).
(c) Notwithstanding any law to the
contrary, an employee determined to be able to return to employment as provided
under paragraph (a), clause (2), is presumed to be fit for duty. An employer must not request a fitness for
duty exam or deny the employee's return to work except upon a showing of
substantial factors to rebut the presumption.
Subd. 7. Additional
treatment. (a) If, after
completing the treatment required under subdivision 4, the mental health care
provider's report determines that the employee is making progress in treatment,
and the employee's prognosis is expected to further improve with additional
treatment, the Minnesota State Retirement System shall continue the employee's
initial approval under subdivision 6, clause (1), and the employee shall
complete up to an additional eight weeks of treatment as provided under this
subdivision.
(b) Treatment shall be at the direction
of a licensed psychologist or psychiatrist using treatment modalities indicated
for the treatment of the employee's diagnosed mental illness. The employer shall pay for the treatment
costs and may seek reimbursement as provided under subdivision 4, paragraph
(e).
(c) The employee's mental health care
provider must assess the employee's progress in treatment at the end of eight
weeks, including any change to the employee's ability to return to the position
held by the employee on the date of injury or at the onset of the mental
illness, or to another position with the employer which produces an economic
status as close as possible to, or better than, the economic status the
employee would have enjoyed before the date of injury or onset of mental
illness. A final determination under
subdivision 6 must be supported by an updated report from the employee's mental
health provider containing an opinion about the employee's prognosis, the
duration of the disability, and the expectations for improvement following the
additional treatment. An updated report
that does not contain and support a finding that the employee's disability as a
result of a psychological condition will last for at least 12 months may not be
relied upon to support final approval of duty disability benefits.
(d) The employee may return to work
prior to the completion of the eight weeks of treatment, if the employee's
mental health care provider determines that the employee is medically able to
do so.
(e) The employee may return to light
duty assignments prior to the completion of the eight weeks of treatment, if
deemed medically appropriate by the employee's mental health care provider and
with the employer's approval.
(f) Notwithstanding any law to the
contrary, an employee who is cleared to return to work or light duties under
paragraph (d) or (e) is presumed to be fit for duty. An employer must not request a fitness for
duty exam or deny the employee's return to work or light duties except upon a
showing of substantial factors to rebut the presumption.
Sec. 5. Minnesota Statutes 2020, section 353.031, subdivision 1, is amended to read:
Subdivision 1. Application. (a) This section applies to all disability determinations for the public employees general fund, the public employees police and fire fund, and the local government correctional service retirement plan and any other disability determination subject to approval by the board, except as otherwise specified in section 353.032, 353.33, 353.656, or 353E.05. These requirements and the requirements of section 353.03, subdivision 3, are in addition to the specific requirements of each plan and govern in the event there is any conflict between these sections and the procedures specific to any of those plans under section 353.33, 353.656, or 353E.06.
(b) Notwithstanding any law to the
contrary, an employee, as defined in section 353.032, subdivision 1, clause
(2), who applies for a duty disability benefit based on a psychological
condition, as defined in section 353.032, subdivision 1, clause (8), is not
eligible for duty disability benefits under this chapter until the employee has
satisfied the additional requirements under section 353.032.
Sec. 6. [353.032]
DUTY DISABILITY PROCEDURE; PSYCHOLOGICAL CONDITION.
Subdivision 1. Definitions. For the purposes of this section, the
following terms have the meanings given:
(1) "diagnosed with a mental
illness" or "diagnosis of a mental illness" means a diagnosis by
a licensed psychiatrist or psychologist, and meeting the criteria for a
condition or conditions included in the most recent editions of the DC: 0-5 Diagnostic Classification of Mental
Health and Development Disorders of Infancy and Early Childhood published
by Zero to Three or the Diagnostic and
Statistical Manual of Mental Disorders published by the American
Psychiatric Association;
(2) "employee" means a peace
officer or firefighter who is diagnosed with a mental illness and is a member
of the police and fire plan under section 353.64;
(3) "employer" means an employer
of a member of the police and fire plan;
(4) "firefighter" has the
meaning given in section 299A.465, subdivision 5, paragraph (c);
(5) "mental health care
provider" means a currently licensed psychologist or psychiatrist whose
practice primarily involves mental health treatment;
(6) "peace officer" has the
meaning given in section 299A.465, subdivision 5, paragraph (a);
(7) "psychiatrist" means a
physician licensed under chapter 147 if the physician is:
(i) certified by the American Board of
Psychiatry and Neurology;
(ii) certified by the American
Osteopathic Board of Neurology and Psychiatry; or
(iii) eligible for board certification
in psychiatry;
(8) "psychological condition"
means a diagnosis of a mental illness; and
(9) "psychologist" means a
psychologist licensed by the Board of Psychology under sections 148.88 to
148.98.
Subd. 2. Application. Notwithstanding any law to the
contrary, the procedure in this section applies to any application for a duty
disability based on a psychological condition for an employee.
Subd. 3. Initial
approval. (a) An employee who
applies for duty disability under section 353.031 based on a psychological
condition must first receive initial approval as provided under this
subdivision.
(b) To apply for initial approval, the
employee shall submit the following documentation in the form and manner
prescribed by the executive director of the association:
(1) a report by a licensed psychologist
or psychiatrist finding that the employee is diagnosed with a mental illness
and is currently unable to perform the duties of the position held by the
employee on the date of the injury or the onset of the mental illness;
(2) documentation from the employer
certifying the dates the employee was on active duty in a position with
inherently dangerous duties specific to the position covered under the police
and fire plan; and
(3) documentation that the employee was
diagnosed with a mental illness after being employed on active duty in a
position covered under the police and fire plan under section 353.64 and had
not been diagnosed with a mental illness previously. If the employee was diagnosed with a mental
illness prior to active duty, the employee may also submit medical and health
care evidence that the mental illness worsened as a result of active duty to
meet this requirement.
(c) The executive director of the
association has the right, as deemed reasonable, to request additional medical
and health care evidence, including all medical records and relevant
information from any source, as well as additional employment records or
certifications from the employer, to establish adequate proof that an employee
meets the requirements for initial approval.
(d) An employee who receives initial
approval under this subdivision is not considered disabled for the purposes of
a duty disability under section 353.01, subdivision 41. The employee must complete the additional
requirements under this section and receive final approval under subdivision 6
before receiving duty disability benefits or related benefits.
Subd. 4. Treatment
required. (a) An employee who
receives initial approval under subdivision 3 shall complete at least 32 weeks
of treatment for the employee's diagnosed mental illness, as provided under this
subdivision, before a final determination can be made under subdivision 6. Treatment shall be at the direction of a
licensed psychologist or psychiatrist using treatment modalities indicated for
the treatment of the diagnosed mental illness. The employer shall pay for the treatment
costs and may seek reimbursement as provided under paragraph (e).
(b) The employee's mental health care
provider must assess the employee's progress in treatment monthly and at the
end of the 32 weeks, including any change to the employee's ability to return
to the position held by the employee on the date of injury or at the onset of
the mental illness, or to another position with the employer which produces an
economic status as close as possible to, or better than, the economic status
the employee would have enjoyed before the date of injury or onset of mental
illness. A final determination under
subdivision 6 must be supported by a report from the employee's mental health
provider containing an opinion about the employee's prognosis, the duration of
the disability, and the expectations for improvement following the treatment. A report that does not contain and support a
finding that the employee's disability as a result of a psychological condition
will last for at least 12 months may not be relied upon to support final
approval of duty disability benefits.
(c) The employee may return to work
prior to the completion of the 32 weeks of treatment if the employee's mental
health care provider determines that the employee is medically able to do so.
(d) The employee may return to light
duty assignments prior to the completion of the 32 weeks of treatment, if
deemed medically appropriate by the employee's mental health care provider and
with the employer's approval.
(e) An employer may annually
apply by August 1 for the preceding fiscal year to the commissioner of public
safety for reimbursement of the treatment costs incurred by the employer under
this subdivision and subdivision 7. An
employer must apply for this reimbursement in the form and manner specified by
the commissioner of public safety.
(f) Notwithstanding any law to the
contrary, an employee who is cleared to return to work or light duty under
paragraph (c) or (d) is presumed to be fit for duty. An employer may not request a fitness for
duty exam or deny the employee's return to work or light duty except upon a
showing of substantial factors to rebut the presumption.
Subd. 5. Continuation
of wages and benefits. (a)
For an employee receiving treatment under subdivision 4 or 7, an employer shall
continue:
(1) to pay the employee's full wages or
salary, including any employer contribution to health care and retirement
benefits;
(2) to provide health insurance
benefits to the employee and to the employee's dependents, if the employee was
receiving dependent coverage at the time of the injury under the employer's
group health plan; and
(3) to provide any other employment
benefits provided to the employee under the employee's currently applicable
collective bargaining agreement.
(b) Nothing in paragraph (a): (1) prevents an employer from providing
benefits in addition to those required by this section; or (2) otherwise
affects an employee's rights with respect to any other employment benefit.
(c) An employer subject to this
subdivision may annually apply by August 1 for the preceding fiscal year to the
commissioner of public safety for reimbursement of:
(1) the costs incurred to continue
wages and benefits as required under this subdivision; and
(2) the wage-related costs incurred to
backfill a position for the period of treatment required for an employee under
subdivision 4 or 7.
(d) An employer must apply for the
reimbursement in the form and manner specified by the commissioner of public
safety.
Subd. 6. Final
approval, denial, or continuation of treatment. (a) Following completion of treatment
under subdivision 4, the association shall review an employee's application for
duty disability as provided under section 353.031, confirm the treatment
requirements are satisfied, and make one of the following determinations:
(1) continue the initial approval for
an additional eight weeks for the employee to complete additional treatment, as
provided under subdivision 7;
(2) deny the employee's application for
duty disability because the employee is able to return to employment in the
position held by the employee on the date of injury or at the onset of the
mental illness, or to another position with the employer which produces an economic
status as close as possible to, or better than, the economic status the
employee would have enjoyed before the date of injury or onset of the mental
illness, or because the employee is otherwise determined to be ineligible under
section 353.031; or
(3) determine the employee is eligible
under section 353.031 and approve the employee's application for duty
disability, at which time the employee may start to receive duty disability
benefits as provided under this chapter and any related benefits stemming from
a determination of duty disability.
(b) Following completion of the
additional treatment under subdivision 7, if applicable, the association shall
confirm the treatment requirements are satisfied, review any updates to the
employee's application for duty disability, and issue a final approval or
denial, as provided under paragraph (a), clauses (2) and (3).
(c) Notwithstanding any law to the
contrary, an employee determined to be able to return to employment as provided
under paragraph (a), clause (2), is presumed to be fit for duty. An employer must not request a fitness for
duty exam or deny the employee's return to work except upon a showing of
substantial factors to rebut the presumption.
Subd. 7. Additional
treatment. (a) If, after
completing the treatment required under subdivision 4, the mental health care
provider's report determines that the employee is making progress in treatment,
and the employee's prognosis is expected to further improve with additional
treatment, the association shall continue the employee's initial approval under
subdivision 6, clause (1), and the employee shall complete up to an additional
eight weeks of treatment as provided under this subdivision.
(b) Treatment shall be at the direction
of a licensed psychologist or psychiatrist using treatment modalities indicated
for the treatment of the employee's diagnosed mental illness. The employer shall pay for the treatment
costs and may seek reimbursement as provided under subdivision 4, paragraph
(e).
(c) The employee's mental health care
provider must assess the employee's progress in treatment at the end of eight
weeks, including any change to the employee's ability to return to the position
held by the employee on the date of injury or at the onset of the mental
illness, or to another position with the employer which produces an economic
status as close as possible to, or better than, the economic status the
employee would have enjoyed before the date of injury or onset of mental
illness. A final determination under
subdivision 6 must be supported by an updated report from the employee's mental
health care provider containing an opinion about the employee's prognosis, the
duration of the disability, and the expectations for improvement following the
additional treatment. An updated report
that does not contain and support a finding that the employee's disability as a
result of a psychological condition will last for at least 12 months must not
be relied upon to support final approval of duty disability benefits.
(d) The employee may return to work
prior to the completion of the eight weeks of treatment, if the employee's
mental health care provider determines that the employee is medically able to
do so.
(e) The employee may return to light
duty assignments prior to the completion of the eight weeks of treatment, if
deemed medically appropriate by the employee's mental health care provider and
with the employer's approval.
(f) Notwithstanding any law to the
contrary, an employee who is cleared to return to work or light duty under
paragraph (d) or (e) is presumed to be fit for duty. An employer must not request a fitness for
duty exam or deny the employee's return to work or light duty except upon a
showing of substantial factors to rebut the presumption.
Sec. 7. [626.8477]
WELLNESS TRAINING.
Subdivision 1. Learning
objectives and training course. (a)
The board must create learning objectives to prepare peace officers for the
stressful and traumatic events that are common to policing and teach officers
methods to process and cope with the stress and trauma inherent to policing. The learning objectives must be updated as
the board considers appropriate.
(b) The commissioner of public safety,
in consultation with the board, must create a training course that incorporates
each of the learning objectives established by the board under paragraph (a).
Subd. 2. Preservice
training required. (a) The
learning objectives developed pursuant to subdivision 1 must be included in the
required curriculum of a professional peace officer education program.
(b) A person is not eligible to take the
peace officer licensing examination after July 1, 2024, unless the individual
has received the training described in paragraph (a).
Subd. 3. In-service
training required. Beginning
July 1, 2023, the chief law enforcement officer of every state and local law
enforcement agency shall provide in-service wellness training to every peace
officer and part-time peace officer employed by the agency. The training must comply with the learning
objectives developed and approved by the board and must meet board requirements
for board-approved continuing education credit.
Each peace officer with a license renewal date after June 30, 2023, is
not required to complete this training until the officer's next full three-year
licensing cycle.
Subd. 4. Record
keeping required. The head of
each local and state law enforcement agency shall maintain written records of
the agency's compliance with the requirements of subdivision 3. The written records are subject to periodic
review by the board and must be made available to the board at its request.
Sec. 8. APPROPRIATIONS.
(a) $....... in fiscal year 2023 is
appropriated from the general fund to the commissioner of public safety for the
purposes of Minnesota Statutes, sections 352B.102 and 353.032, including
reimbursing employers for the costs of treatment, payment of continued wages
and benefits, and backfilling positions.
The base in fiscal year 2024 and beyond is $........
(b) $....... in fiscal year 2023 is appropriated from the general fund to the commissioner of public safety for the purpose of reimbursing employers under Minnesota Statutes, section 299A.465, subdivision 4. This appropriation is available until June 30, 2024. The base in fiscal year 2024 and beyond is $........"
Correct the title numbers accordingly
With the recommendation that when so amended the bill be re-referred to the Committee on State Government Finance and Elections.
The
report was adopted.
Stephenson from the Committee on Commerce Finance and Policy to which was referred:
H. F. No. 4048, A bill for an act relating to commerce; modifying provisions governing licensure and registration of collection agencies; amending Minnesota Statutes 2020, section 332.33, subdivision 3, by adding a subdivision.
Reported the same back with the following amendments:
Page 2, after line 3, insert:
"Sec. 3. [332.365]
CREDIT COUNSELING ORGANIZATIONS; DEBTORS.
Subdivision 1. Duties
of commissioner. (a) The
commissioner shall develop and maintain a document that includes the contact
information for nonprofit organizations domiciled in Minnesota that provide
credit counseling services to debtors. Credit
counseling services include but are not limited to (1) helping debtors
understand their rights and responsibilities, and (2) working with debtors,
creditors, and collection agencies to satisfy debts. Contact
information for organizations
that provide credit counseling services in languages other than English to
individuals whose primary language is other than English must be included. The document shall include the following
statement in English, Spanish, Somali, Hmong, Vietnamese, and Chinese:
"There are resources available to
help manage your debt. The following
Minnesota organizations offer debt and credit counseling services. The Department of Commerce does not control
or guarantee any of the services provided by these organizations. The provision of this list is not a referral
to, or endorsement or recommendation of, any organization or the organization's
services."
(b) The document shall be no more than
one 8-1/2 by 11-inch sheet of paper. The
commissioner shall maintain the document and make it publicly available on the
department's website in a printable format.
The commissioner may update the document no more than once per year and
must notify all licensed collection agencies after an update occurs. A collection agency has 120 days from
receiving notice from the commissioner of an update to apply the changes to the
document.
Subd. 2. Duties
of collection agency. A
collection agency must include the document described in subdivision 1, with
the initial written communication sent to a debtor, if the initial
communication is performed via United States mail, email, or text message.
EFFECTIVE DATE. (a) This section is effective July 1, 2022.
(b) The document required to be developed
and maintained by the commissioner under subdivision 1, paragraph (a), must be
completed on or before July 1, 2023. The
document may be updated for the first time by the commissioner no earlier than
September 1, 2024.
(c) A collection agency must meet the requirements of subdivision 2 on or after September 1, 2023."
Amend the title as follows:
Page 1, line 3, after the semicolon, insert "requiring the commissioner of commerce to collect and maintain certain information regarding credit counseling services;"
Correct the title numbers accordingly
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Liebling from the Committee on Health Finance and Policy to which was referred:
H. F. No. 4115, A bill for an act relating to capital investment; establishing a grant to replace lead drinking water service lines; establishing a grant for mapping lead service lines; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 446A.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. [144.3805]
LEAD SERVICE LINE REPLACEMENT GRANT PROGRAM.
Subdivision 1. Establishment. The commissioner of health must
establish a program to replace lead drinking water service lines in the state
by 2032 and must provide grants to entities for this purpose. The program must be structured to maximize
use of federal funds available for the purposes described in subdivision 2.
Subd. 2. Eligible
recipients. The following are
eligible recipients of funds in the program:
(1) community public water suppliers of
a community water system as defined in Code of Federal Regulations, title 40,
section 141.2, as amended;
(2) municipalities;
(3) suppliers of other residential drinking
water systems; and
(4) any applicant eligible for loans and
grants under the federal Safe Drinking Water Act.
Subd. 3. Eligible
uses. An eligible recipient
may use a grant provided under this program for:
(1) removing and replacing lead drinking
water service lines;
(2) repaying debt incurred for the
purposes described in clauses (1), (3), and (4);
(3) providing information to residents
on the benefits of lead service line removal; or
(4) performing necessary construction
activities required for and associated with the removal and replacement of lead
service lines.
Subd. 4. Required
removal or replacement of privately owned lead service lines. At least 70 percent of the funds made
available under the grant must be used for the purposes of removing privately
owned portions of lead drinking water service lines, installing privately owned
portions of drinking water service lines, or repaying debt incurred to remove
or replace privately owned portions of lead drinking water service lines.
Subd. 5. Grant
priorities. In prioritizing
the expenditure of grant money received under this section, the commissioner
must give priority to applications that utilize the funds as part of a plan to
remove all lead service lines within a municipality or residential drinking
water system. A plan should include:
(1) a description of how the recipient
will maximize the number of property owners with privately owned portions of
lead service lines that will participate in the removal and replacement, including
lower-income residents and those from other disadvantaged communities;
(2) a description of how the recipient
will coordinate the removal of the publicly owned and privately owned portions
of the lead service lines to maximize efficient use of funds;
(3) a description of how the recipient
will use the funds as part of a comprehensive plan to remove all lead service
lines within the recipient's jurisdiction; and
(4) a description of how the recipient
will ensure compliance with program requirements and other applicable legal
requirements.
Subd. 6. Workforce
plan. Applicants who serve
75,000 or more customers must submit a workforce plan as part of their
application. The workforce plan must
include a description of how the applicant will promote and expand the use of
registered apprentices, along with populations underrepresented in the
construction industry, in the lead removal and replacement work.
Subd. 7. Coordination
with Public Facilities Authority. To
the extent possible, the commissioner shall coordinate with the Public
Facilities Authority in administering this program to maximize the effective
use of federal funds for lead service line removal through the drinking water
revolving fund and to simplify the application process.
Subd. 8. Prevailing
wage. Laborers and mechanics
performing work on a project funded by this grant program or loans repaid
through this grant program, including removal and replacement of lead drinking
water service lines and installation of replacement drinking water service
lines, must be paid the prevailing wage rate for the work as defined in section
177.42, subdivision 6. The project is
subject to the requirements and enforcement provisions of sections 177.30 and
177.41 to 177.45.
Subd. 9. Appropriation
bonds. The commissioner of
management and budget shall issue $30,000,000 in appropriation bonds every
fiscal year through fiscal year 2032. The
proceeds from the bond sale shall be used to fund the grant program under this
section.
Subd. 10. Report. By January 31, 2024, and by each
January 31 thereafter through January 31, 2033, the commissioner shall submit a
report on the grant program to the chairs and ranking minority members of the
legislative committees with jurisdiction over capital investment. The report must include, at a minimum,
details about awards made, applications submitted, and lead service lines
removed.
Sec. 2. [144.3807]
LEAD SERVICE LINE REMOVAL GOAL.
It shall be the goal of the state of
Minnesota to remove all lead service lines in public water systems by 2032.
Sec. 3. [144.3809]
LEAD SERVICE LINE INVENTORIES; COMPLIANCE WITH FEDERAL LEAD AND COPPER RULE.
Subdivision 1. Guidance;
inventories. (a) By August 1,
2022, the commissioner of health shall develop guidance for community water
systems with instructions on completing lead service line inventories.
(b) A community water system subject to
the Revised Lead and Copper Rule in Code of Federal Regulations, title 40, part
141, shall forward to the commissioner of health by October 16, 2024, an
inventory of the lead service lines within the service area of the community
water system. The commissioner, in
coordination with the University of Minnesota, shall make the results of the
lead service line inventories submitted under this subdivision available to the
public.
Subd. 2. Lead
service line reduction plan. A
community water system with lead service lines or lead status unknown service
lines must create a lead service line reduction plan and submit the plan to the
commissioner by October 16, 2024.
Subd. 3. Notice
to commissioner of health; compliance with Revised Lead and Copper Rule. A community water system with water
tap samples that, upon testing, contain lead in an amount that exceeds ten micrograms
per liter must notify the commissioner and report how the community water
system will comply with the requirements of the Revised Lead and Copper Rule to
eliminate the presence of lead in drinking water by replacing lead-bearing
materials, installing point-of-use treatment, or taking other necessary steps.
Subd. 4. Report. By January 31, 2025, and every two
years thereafter through January 31, 2033, the commissioner shall report to the
chairs and ranking minority members of the legislative committees with
jurisdiction over drinking water on progress made by community water systems in
complying with the Revised Lead and Copper Rule and with the state's goal of
eliminating lead plumbing materials in drinking water systems.
Sec. 4. LEAD
SERVICE LINE INVENTORY GRANT PROGRAM.
Subdivision 1. Establishment. The commissioner of health shall
establish a grant program to provide financial assistance to municipalities for
producing an inventory of publicly owned and privately owned lead service lines
within their jurisdiction.
Subd. 2. Eligible
uses. A municipality may use
funding under this program for:
(1) surveying households to determine
the material of which their water service line is made;
(2) creating publicly available
databases or visualizations of lead service lines; and
(3) compliance with the Environmental
Protection Agency's Lead and Copper Rule lead service line inventory
requirements.
Sec. 5. APPROPRIATION;
LEAD SERVICE LINE INVENTORY GRANT PROGRAM.
$10,000,000 in fiscal year 2023 is appropriated from the general fund to the commissioner of health for the lead service line inventory grant program."
Amend the title as follows:
Page 1, line 3, delete "for mapping" and insert "to inventory publicly owned and privately owned" and after the second semicolon, insert "requiring reports;"
Correct the title numbers accordingly
With the recommendation that when so amended the bill be re-referred to the Committee on Capital Investment.
The
report was adopted.
Nelson, M., from the Committee on State Government Finance and Elections to which was referred:
H. F. No. 4141, A bill for an act relating to local government; adding conforming industrialized or modular buildings for residential use to the structures that may not be prohibited by regulation; amending Minnesota Statutes 2020, section 462.357, subdivision 1.
Reported the same back with the recommendation that the bill be placed on the General Register.
The
report was adopted.
Nelson, M., from the Committee on State Government Finance and Elections to which was referred:
H. F. No. 4271, A bill for an act relating to local government; increasing the threshold for municipal reporting of construction-related and development-related fee collections; requiring the commissioner of labor and industry to establish a cost per square foot valuation of certain properties for the purpose of setting municipal building permit fees; amending Minnesota Statutes 2020, sections 326B.145; 326B.153, 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.
Nelson, M., from the Committee on State Government Finance and Elections to which was referred:
H. F. No. 4306, A bill for an act relating to retirement; Minnesota State Retirement System plans, Public Employees Retirement Association plans, Teachers Retirement Association, Minnesota state higher education individual retirement account plan, and St. Paul Teachers Retirement Fund Association; increasing postretirement adjustment rates; temporarily reducing employee contribution rates; reducing the investment rate of return actuarial assumption; increasing and extending direct state aid to the public employees police and fire retirement plan, the St. Paul Teachers Retirement Fund Association, and the judges retirement plan; appropriating money; amending Minnesota Statutes 2020, sections 352.04, subdivision 2; 352.92, subdivision 1; 352B.02, subdivision 1a; 353.27, subdivisions 2, 3c; 353.65, subdivisions 2, 3b; 353E.03, subdivision 1; 354.42, subdivision 2; 354A.12, subdivisions 3a, 3c; 354A.29, subdivision 7; 354B.23, subdivision 1; 356.215, subdivision 8; 356.415, subdivisions 1, 1a, 1b, 1c, 1d, 1e; 490.123, subdivisions 1a, 5; Minnesota Statutes 2021 Supplement, sections 354A.12, subdivision 1; 356.415, subdivision 1f.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Pelowski from the Committee on Industrial Education and Economic Development Finance and Policy to which was referred:
H. F. No. 4375, A bill for an act relating to state government; requiring the commissioner of employment and economic development to prepare and submit an application for federal funds; appropriating money; amending Laws 2021, First Special Session chapter 10, article 1, section 7.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2020, section 116J.395, subdivision 7, is amended to read:
Subd. 7. Limitation. (a) No grant awarded under this section
may fund more than 50 75 percent of the total cost of a project.
(b) Grants awarded to a single project
under this section must not exceed $5,000,000 $10,000,000.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 2. REPORT;
GRANT AWARD CHANGES.
No later than December 31, 2022, the
Office of Broadband Development must submit a report to the chairs and ranking
minority members of the senate and house of representatives committees with
primary jurisdiction over broadband policy and finance analyzing the impacts of
the statutory changes made in section 1 on the number and amounts of grants
awarded under Minnesota Statutes, section 116J.395.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 3. TRANSFER.
$100,000,000 in fiscal year 2023 is
transferred from the general fund to the border-to-border broadband fund
account established in Minnesota Statutes, section 116J.396. This is a onetime transfer and remains
available until expended.
EFFECTIVE DATE. This section is effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to broadband; modifying the border-to-border broadband grant program; requiring a report; transferring money; amending Minnesota Statutes 2020, section 116J.395, subdivision 7."
With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Nelson, M., from the Committee on State Government Finance and Elections to which was referred:
H. F. No. 4441, A bill for an act relating to local government; amending the conditions for participation in an open meeting from a nonpublic location; amending Minnesota Statutes 2021 Supplement, section 13D.02, subdivision 1.
Reported the same back with the recommendation that the bill be placed on the General Register.
The
report was adopted.
Ecklund from the Committee on Labor, Industry, Veterans and Military Affairs Finance and Policy to which was referred:
H. F. No. 4484, A bill for an act relating to capital investment; appropriating money for a new aircraft shelter at the Duluth Air National Guard Base.
Reported the same back with the following amendments:
Page 1, line 6, delete "$15,000,000" and insert "$25,000,000"
Page 1, line 7, delete "three" and delete "a" and delete "three-bay"
Page 1, line 8, delete "shelter" and insert "shelters"
Amend the title as follows:
Page 1, line 2, delete "a" and delete "shelter" and insert "shelters"
With the recommendation that when so amended the bill be re-referred to the Committee on Capital Investment.
The
report was adopted.
Nelson, M., from the Committee on State Government Finance and Elections to which was referred:
H. F. No. 4524, A bill for an act relating to cosmetology; modifying Board of Cosmetologist Examiners provisions; amending Minnesota Statutes 2020, sections 155A.20; 155A.23, subdivisions 8, 11, 18, by adding a subdivision; 155A.25, subdivision 1a; 155A.27, subdivisions 1, 5a, 6, 7, 10, by adding a subdivision; 155A.271, subdivision 1; 155A.29, subdivisions 1, 4; 155A.30, subdivisions 2, 3, 4, 6, 11.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2020, section 155A.20, is amended to read:
155A.20
BOARD OF COSMETOLOGIST EXAMINERS CREATED; TERMS.
(a) A Board of Cosmetologist Examiners is
established to consist of seven nine members, appointed by the
governor as follows:
(1) two cosmetologists, one of whom is recommended by a professional association of cosmetologists, nail technicians, and estheticians;
(2) two school instructors, one of whom is teaching at a public cosmetology school in the state and one of whom is teaching at a private cosmetology school in the state;
(3) one esthetician;
(4) one advanced practice esthetician;
(4) (5) one nail technician;
and
(6) one hair technician; and
(5) (7) one public member,
as defined in section 214.02.
(b) All cosmetologist, esthetician, and
nail technician members must be currently licensed in the field of cosmetology,
nail technology, or esthetology, esthiology in Minnesota, have
practiced in the licensed occupation for at least five years immediately prior
to their appointment, be graduates from grade 12 of high school or have equivalent education, and have knowledge of
sections 155A.21 to 155A.36 and Minnesota Rules, chapters 2105 and 2110.
(c) Membership terms, compensation of members, removal of members, the filling of membership vacancies, and fiscal year and reporting requirements shall be as provided in sections 214.07 to 214.09. The provision of staff, administrative services, and office space; the review and processing of complaints; the setting of board fees; and other provisions relating to board operations shall be as provided in chapter 214.
(d) Members appointed to fill vacancies caused by death, resignation, or removal shall serve during the unexpired term of their predecessors.
EFFECTIVE
DATE. This section is
effective January 1, 2023.
Sec. 2. Minnesota Statutes 2020, section 155A.23, subdivision 8, is amended to read:
Subd. 8. Manager. A "manager" is any person who
is a cosmetologist, esthetician, advanced practice esthetician, hair
technician, nail technician practitioner, or eyelash technician practitioner,
and who has a manager license and provides any services under that license, as
defined in subdivision 3.
EFFECTIVE
DATE. This section is
effective January 1, 2024.
Sec. 3. Minnesota Statutes 2020, section 155A.23, subdivision 11, is amended to read:
Subd. 11. Instructor. An "instructor" is any person
employed by a school to prepare and present the theoretical and practical
education of cosmetology to persons who seek to practice cosmetology. An instructor must maintain an active
operator or manager's license in the area in which the instructor holds an
instructor's license. As long as
an instructor holds an active instructor license, the board must ensure that the
instructor's license as an operator or a salon manager in the same field
automatically continues to be active. The
board must not assess an instructor any fees for an operator or a salon manager
license while an instructor holds an active instructor license.
EFFECTIVE
DATE. This section is
effective January 1, 2024.
Sec. 4. Minnesota Statutes 2020, section 155A.23, subdivision 18, is amended to read:
Subd. 18. Practitioner. A "practitioner" is any person licensed as an operator or manager in the practice of cosmetology, esthiology, advanced practice esthiology, hair technology services, nail technology services, or eyelash technology services.
EFFECTIVE
DATE. This section is
effective January 1, 2024.
Sec. 5. Minnesota Statutes 2020, section 155A.23, is amended by adding a subdivision to read:
Subd. 21. Hair
technician. A "hair
technician" is any person who, for compensation, performs personal
services for the cosmetic care of hair on the scalp. Hair technician services include cutting hair
and the application of dyes, bleach, reactive chemicals, keratin, or other
preparations to color or alter the structure of hair. A person who only performs hairstyling as
defined by subdivision 19 is not a hair technician.
EFFECTIVE
DATE. This section is
effective January 1, 2024.
Sec. 6. Minnesota Statutes 2020, section 155A.25, subdivision 1a, is amended to read:
Subd. 1a. Schedule. (a) The schedule for fees and penalties is as provided in this subdivision.
(b) Three-year license fees are as follows:
(1) $195 initial practitioner, manager, or instructor license, divided as follows:
(i) $155 for each initial license; and
(ii) $40 for each initial license application fee;
(2) $115 renewal of practitioner license, divided as follows:
(i) $100 for each renewal license; and
(ii) $15 for each renewal application fee;
(3) $145 renewal of manager or instructor license, divided as follows:
(i) $130 for each renewal license; and
(ii) $15 for each renewal application fee;
(4) $350 initial salon license, divided as follows:
(i) $250 for each initial license; and
(ii) $100 for each initial license application fee;
(5) $225 renewal of salon license, divided as follows:
(i) $175 for each renewal; and
(ii) $50 for each renewal application fee;
(6) $4,000 initial school license, divided as follows:
(i) $3,000 for each initial license; and
(ii) $1,000 for each initial license application fee; and
(7) $2,500 renewal of school license, divided as follows:
(i) $2,000 for each renewal; and
(ii) $500 for each renewal application fee.
(c) Penalties may be assessed in amounts up to the following:
(1) reinspection fee, $150;
(2) manager and owner with expired practitioner found on inspection, $150 each;
(3) expired practitioner or instructor found on inspection, $200;
(4) expired salon found on inspection, $500;
(5) expired school found on inspection, $1,000;
(6) failure to display current license, $100;
(7) failure to dispose of single-use equipment, implements, or materials as provided under section 155A.355, subdivision 1, $500;
(8) use of prohibited razor-type callus shavers, rasps, or graters under section 155A.355, subdivision 2, $500;
(9) performing nail or cosmetology services in esthetician salon, or performing esthetician or cosmetology services in a nail salon, $500;
(10) owner and manager allowing an operator to work as an independent contractor, $200;
(11) operator working as an independent contractor, $100;
(12) refusal or failure to cooperate with an inspection, $500;
(13) practitioner late renewal fee, $45; and
(14) salon or school late renewal fee, $50.
(d) Administrative fees are as follows:
(1) homebound service permit, $50 three-year fee;
(2) name change, $20;
(3) certification of licensure, $30 each;
(4) duplicate license, $20;
(5) special event permit, $75 per year;
(6) $100 for each temporary military
license for a cosmetologist, nail technician, esthetician, or advanced practice
esthetician one-year fee;
(7) (6) expedited initial
individual license, $150;
(8) (7) expedited initial
salon license, $300;
(9) (8) instructor continuing
education provider approval, $150 each year; and
(10) (9) practitioner
continuing education provider approval, $150 each year.
EFFECTIVE
DATE. This section is
effective January 1, 2024.
Sec. 7. Minnesota Statutes 2020, section 155A.27, subdivision 1, is amended to read:
Subdivision 1. Licensing. A person must hold an individual license to practice in the state as a cosmetologist, esthetician, hair technician, nail technician, eyelash technician, advanced practice esthetician, manager, or instructor.
EFFECTIVE
DATE. This section is
effective January 1, 2024.
Sec. 8. Minnesota Statutes 2020, section 155A.27, subdivision 5a, is amended to read:
Subd. 5a. Temporary
military license. The board shall
establish temporary licenses for a cosmetologist, hair technician, nail
technician, and esthetician in accordance with section 197.4552. A temporary license is valid for a
three-year license cycle. An applicant
may only apply once for a temporary license.
EFFECTIVE
DATE. This section is
effective January 1, 2024.
Sec. 9. Minnesota Statutes 2020, section 155A.27, subdivision 6, is amended to read:
Subd. 6. Duration
of license. Licensing in each
classification shall be for a period of three years. The board may extend a licensee's operator
or salon manager license when issuing a new instructor license to the licensee
to match expiration dates.
EFFECTIVE
DATE. This section is
effective January 1, 2024.
Sec. 10. Minnesota Statutes 2020, section 155A.27, subdivision 10, is amended to read:
Subd. 10. Nonresident
licenses. (a) A nonresident
cosmetologist, hair technician, nail technician, or esthetician,
or eyelash technician may be licensed in Minnesota if the individual has
completed cosmetology school in a state or country with the same or greater
school hour requirements, has an active license in that state or country, and
has passed a board-approved theory and practice-based examination, the
Minnesota-specific written operator examination for cosmetologist, hair
technician, nail technician, or esthetician, or eyelash technician. If a test is used to verify the
qualifications of trained cosmetologists, the test should be translated into
the nonresident's native language within the limits of available resources. Licenses shall not be issued under this
subdivision for managers or instructors.
(b) If an individual has less than the
required number of school hours, the individual must have had a current active
license in another state or country for at least three years and have passed a
board-approved theory and practice-based examination, and the
Minnesota-specific written operator examination for cosmetologist, hair
technician, nail technician, or esthetician, or eyelash
technician. If a test is used to
verify the qualifications of trained cosmetologists, the test should be translated
into the nonresident's native language within the limits of available resources. Licenses must not be issued under this
subdivision for managers or instructors.
(c) Applicants claiming training and experience in a foreign country shall supply official English-language translations of all required documents from a board-approved source.
EFFECTIVE
DATE. This section is
effective January 1, 2024.
Sec. 11. Minnesota Statutes 2020, section 155A.27, is amended by adding a subdivision to read:
Subd. 11. Reciprocity
for barbers. A barber who has
a currently active registration under Minnesota Statutes, chapter 154, may be
granted credit, as determined by rule, toward the required hours of study
required for licensure in cosmetology or hair technology.
EFFECTIVE
DATE. This section is
effective January 1, 2024.
Sec. 12. Minnesota Statutes 2020, section 155A.271, subdivision 1, is amended to read:
Subdivision 1. Continuing education requirements. (a) To qualify for license renewal under this chapter as an individual cosmetologist, hair technician, nail technician, esthetician, advanced practice esthetician, eyelash technician, or salon manager, the applicant must complete four hours of continuing education credits from a board‑approved continuing education provider during the three years prior to the applicant's renewal date. One credit hour of the requirement must include instruction pertaining to state laws and rules governing the practice of cosmetology. Three credit hours must include instruction pertaining to health, safety, and infection control matters consistent with the United States Department of Labor's Occupational Safety and Health Administration standards applicable to the practice of cosmetology, or other applicable federal health, infection control, and safety standards, and must be regularly updated so as to incorporate newly developed standards and accepted professional best practices. Credit hours earned are valid for three years and may be applied simultaneously to all individual licenses held by a licensee under this chapter.
(b) Effective August 1,
2017, In addition to the hours of continuing education credits required
under paragraph (a), to qualify for license renewal under this chapter as an
individual cosmetologist, hair technician, nail technician, esthetician,
advanced practice esthetician, or salon manager, the applicant must also
complete a four credit hour continuing education course from a board-approved
continuing education provider based on any of the following within the
licensee's scope of practice:
(1) product chemistry and chemical interaction;
(2) proper use and maintenance of machines and instruments;
(3) business management, professional ethics, and human relations; or
(4) techniques relevant to the type of license held.
Credits are valid for three years and must be completed with a board-approved provider of continuing education during the three years prior to the applicant's renewal date and may be applied simultaneously to other individual licenses held as applicable, except that credits completed under this paragraph must not duplicate credits completed under paragraph (a).
(c) Paragraphs (a) and (b) do not apply to an instructor license, a school manager license, or an inactive license.
Sec. 13. Minnesota Statutes 2020, section 155A.29, subdivision 1, is amended to read:
Subdivision 1. Licensing. A person must not offer cosmetology
services for compensation unless the services are provided by a licensee in a
licensed salon or as otherwise provided in this section. Each salon must be licensed as a
cosmetology salon, a nail salon, esthetician salon, advanced practice
esthetician salon, or eyelash extension salon.
A salon may hold more than one type of salon license.
Sec. 14. Minnesota Statutes 2020, section 155A.30, subdivision 2, is amended to read:
Subd. 2. Standards. The board shall by rule establish minimum
standards of course content and length specific to the educational preparation
prerequisite to testing and licensing as cosmetologist, hair technician,
esthetician, and advanced practice esthetician, nail technician,
and eyelash technician.
EFFECTIVE
DATE. This section is
effective January 1, 2024.
Sec. 15. Minnesota Statutes 2020, section 155A.30, subdivision 3, is amended to read:
Subd. 3. Applications. Application for a license shall be prepared on forms furnished by the board and shall contain the following and such other information as may be required:
(1) the name of the school, together with ownership and controlling officers, members, and managing employees;
(2) the specific fields of instruction which will be offered and reconciliation of the course content and length to meet the minimum standards, as prescribed in subdivision 2;
(3) the place or places where instruction will be given;
(4) a listing of the equipment available for instruction in each course offered;
(5) the maximum enrollment to be accommodated;
(6) a listing of instructors, all of whom shall be licensed as provided in section 155A.27, subdivision 2, except that any school may use occasional instructors or lecturers who would add to the general or specialized knowledge of the students but who need not be licensed;
(7) a current balance sheet, income statement or documentation to show sufficient financial worth and responsibility to properly conduct a school and to assure financial resources ample to meet the school's financial obligations;
(8) other financial guarantees which would assure protection of the public as determined by rule; and
(9) a copy of all written material which
the school uses to solicit prospective students, including but not limited to a
tuition and fee schedule, and all catalogues, brochures and other recruitment
advertisements. Each school shall
annually, on a date determined by the board, file with the board any new or
amended materials which it has distributed during the past year. written materials that the school will use
for prospective student enrollment, including the enrollment contract, student
handbook, and tuition and fee information.
EFFECTIVE
DATE. This section is
effective January 1, 2024.
Sec. 16. Minnesota Statutes 2020, section 155A.30, subdivision 4, is amended to read:
Subd. 4. Verification
of application. Each application
shall be signed and certified to under oath by the proprietor if the applicant
is a proprietorship, by the managing partner if the applicant is a partnership,
or by the authorized officers of the applicant if the applicant is a
corporation, association, company, firm, society or trust., except
that schools in the Minnesota State Colleges and Universities system and
secondary schools must provide a signature from the dean, principal, or other
authorized signatory.
EFFECTIVE
DATE. This section is
effective January 1, 2024.
Sec. 17. Minnesota Statutes 2020, section 155A.30, subdivision 11, is amended to read:
Subd. 11. Instruction requirements. (a) Instruction may be offered for no more than ten hours per day per student.
(b) Instruction must be given within a
licensed school building except as provided for in paragraph (c). Online instruction is permitted for
board-approved theory-based classes.
Instruction may be given online for theory-based portions of a
board-approved curriculum.
Practice-based classes portions of a board-approved curriculum
must not be given online.
(c) Schools may offer field trips
outside of a licensed school building if the field trips are related to the
course curriculum for industry educational purposes.
Sec. 18. BOARD
OF COSMETOLOGIST EXAMINERS LICENSING WORKING GROUP.
The board shall establish a working
group to study and report to the legislative committees with jurisdiction over
the Board of Cosmetologist Examiners by January 1, 2024, on:
(1) evaluating the salon manager license
and school manager license;
(2) evaluating the scope and
requirements for special event services and homebound services permits and
considering merging both permits; and
(3) evaluating an endorsement-based licensing
structure.
Sec. 19. APPROPRIATION;
BOARD OF COSMETOLOGIST EXAMINERS.
$20,000 in fiscal year 2023 is
appropriated from the general fund to the Board of Cosmetologist Examiners for
the purposes of licensing and regulating hair technicians. This amount is added to the base.
Sec. 20. REVISOR
INSTRUCTION.
The revisor of statutes must change "Board of Cosmetologist Examiners" to "Board of Cosmetology" wherever it appears in Minnesota Statutes."
Amend the title as follows:
Page 1, line 2, after the second semicolon, insert "establishing a working group; appropriating money;"
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.
Nelson, M., from the Committee on State Government Finance and Elections to which was referred:
H. F. No. 4661, A bill for an act relating to local government; amending the amount that a city may annually spend on a Memorial Day observance; amending Minnesota Statutes 2020, section 465.50.
Reported the same back with the following amendments:
Page 1, line 11, strike "each 75,000 of population of such city for"
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
SECOND READING OF HOUSE BILLS
H. F. Nos. 1134, 3605, 3784, 3834, 4048, 4141, 4441 and 4661 were read for the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Masin introduced:
H. F. No. 4738, A bill for an act relating to capital investment; authorizing housing infrastructure bonds to be issued for veterans housing; appropriating money; amending Minnesota Statutes 2020, section 462A.37, subdivision 2, by adding a subdivision; Minnesota Statutes 2021 Supplement, section 462A.37, subdivision 5.
The bill was read for the first time and referred to the Committee on Housing Finance and Policy.
Lee and Xiong, J., introduced:
H. F. No. 4739, A bill for an act relating to environment; establishing community air monitoring system pilot grant program; requiring reports; appropriating money.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance and Policy.
Masin introduced:
H. F. No. 4740, A bill for an act relating to capital investment; appropriating money for veteran housing developed by Contained Solutions in certain cities.
The bill was read for the first time and referred to the Committee on Housing Finance and Policy.
Masin introduced:
H. F. No. 4741, A bill for an act relating to capital investment; expanding the homeownership education, counseling, and training program to include specialized homeownership education for veterans; amending Minnesota Statutes 2020, section 462A.209, subdivisions 1, 3, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Housing Finance and Policy.
Grossell introduced:
H. F. No. 4742, A bill for an act relating to economic development; modifying the forgivable loan program for remote recreational businesses; amending Laws 2021, First Special Session chapter 10, article 2, section 24.
The bill was read for the first time and referred to the Committee on Workforce and Business Development Finance and Policy.
Sandstede introduced:
H. F. No. 4743, A bill for an act relating to capital investment; appropriating money for an integrated regional waste processing, recycling, and mixed municipal solid waste disposal campus in Itasca County; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Capital Investment.
Bennett; Erickson; Boe; Mueller; Kresha; Daniels; Garofalo; Scott; Nelson, N.; Baker; Kiel; Theis; Heinrich; Quam and Burkel introduced:
H. F. No. 4744, A bill for an act relating to education finance; creating an education savings account program; authorizing a student at an underperforming school to choose another learning option; appropriating money; amending Minnesota Statutes 2020, section 126C.05, subdivision 13; proposing coding for new law in Minnesota Statutes, chapter 124D.
The bill was read for the first time and referred to the Committee on Education Finance.
Hertaus introduced:
H. F. No. 4745, A bill for an act relating to public safety; appropriating money for fire department equipment grants.
The bill was read for the first time and referred to the Committee on Public Safety and Criminal Justice Reform Finance and Policy.
Nash, Novotny, Boe, Backer and Raleigh introduced:
H. F. No. 4746, A bill for an act relating to capital investment; appropriating money for anti-scale fencing, pedestrian doors, and vehicle gates.
The bill was read for the first time and referred to the Committee on Public Safety and Criminal Justice Reform Finance and Policy.
Nash introduced:
H. F. No. 4747, A bill for an act relating to capital investment; appropriating money for Lake Waconia Regional Park; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Capital Investment.
Koegel introduced:
H. F. No. 4748, A bill for an act relating to capital investment; appropriating money for capital improvements at the National Sports Center; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Capital Investment.
Hollins and Moran introduced:
H. F. No. 4749, A bill for an act relating to economic development; establishing a nonprofit relief grant program; requiring a report; appropriating money.
The bill was read for the first time and referred to the Committee on Workforce and Business Development Finance and Policy.
Franke introduced:
H. F. No. 4750, A bill for an act relating to capital investment; appropriating money for an addition to the HERO Center in Cottage Grove; authorizing the issuance of state bonds.
The bill was read for the first time and referred to the Committee on Capital Investment.
Franke introduced:
H. F. No. 4751, A bill for an act relating to capital investment; appropriating money for an addition to the HERO Center in Cottage Grove.
The bill was read for the first time and referred to the Committee on Public Safety and Criminal Justice Reform Finance and Policy.
Frederick introduced:
H. F. No. 4752, A bill for an act relating to capital investment; appropriating money for water treatment plant improvements in the city of Eagle Lake; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Capital Investment.
Bierman introduced:
H. F. No. 4753, A bill for an act relating to health care; requiring that an enrollee receive any rebates and discounts accrued directly or indirectly to health carriers; proposing coding for new law in Minnesota Statutes, chapter 62A.
The bill was read for the first time and referred to the Committee on Health Finance and Policy.
Haley introduced:
H. F. No. 4754, A bill for an act relating to higher education; expanding workforce development scholarships; amending Minnesota Statutes 2021 Supplement, section 136F.38, subdivision 3.
The bill was read for the first time and referred to the Committee on Higher Education Finance and Policy.
Novotny introduced:
H. F. No. 4755, A bill for an act relating to capital investment; appropriating money for sewer improvements in the city of Elk River; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Capital Investment.
Albright introduced:
H. F. No. 4756, A bill for an act relating to capital investment; appropriating money for restoration of the Minnesota River riverbank in the Shakopee area; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Capital Investment.
MESSAGES FROM THE SENATE
The
following message was received from the Senate:
Madam Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
H. F. No. 2819, A bill for an act relating to natural resources; increasing civil penalties for violations of snowmobile and off-highway vehicle provisions; amending Minnesota Statutes 2020, section 84.775, subdivisions 1, 4.
Cal R. Ludeman, Secretary of the Senate
CONCURRENCE AND REPASSAGE
Hansen, R., moved that the House concur in the Senate amendments to H. F. No. 2819 and that the bill be repassed as amended by the Senate. The motion prevailed.
H. F. No. 2819, A bill for an act relating to natural resources; increasing civil penalties for violations of snowmobile and off-highway vehicle provisions; amending Minnesota Statutes 2020, section 84.775, subdivisions 1, 4.
The bill was read for the third time, as amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 115 yeas and 19 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Akland
Albright
Anderson
Bahner
Baker
Becker-Finn
Bennett
Berg
Bernardy
Bierman
Bliss
Boe
Boldon
Carlson
Christensen
Daniels
Daudt
Davids
Davnie
Demuth
Dettmer
Ecklund
Edelson
Elkins
Feist
Fischer
Franke
Franson
Frazier
Frederick
Freiberg
Garofalo
Gomez
Greenman
Haley
Hamilton
Hansen, R.
Hanson, J.
Hassan
Hausman
Heintzeman
Her
Hollins
Hornstein
Howard
Huot
Igo
Johnson
Jordan
Jurgens
Keeler
Kiel
Klevorn
Koegel
Kotyza-Witthuhn
Koznick
Kresha
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Lueck
Mariani
Marquart
Masin
Moller
Moran
Morrison
Mueller
Murphy
Nash
Nelson, M.
Nelson, N.
Neu Brindley
Noor
Novotny
O'Driscoll
Olson, B.
Olson, L.
O'Neill
Pelowski
Petersburg
Pfarr
Pinto
Poston
Pryor
Raleigh
Rasmusson
Reyer
Richardson
Robbins
Sandell
Sandstede
Schomacker
Schultz
Scott
Stephenson
Sundin
Swedzinski
Theis
Thompson
Torkelson
Urdahl
Vang
Wazlawik
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
Those who voted in the negative were:
Backer
Bahr
Burkel
Drazkowski
Erickson
Green
Grossell
Gruenhagen
Heinrich
Hertaus
Lucero
McDonald
Mekeland
Miller
Mortensen
Munson
Pierson
Quam
West
The bill was repassed, as amended by the Senate, and its title agreed to.
CALENDAR FOR THE DAY
S. F. No. 2736, A bill for an act relating to children; establishing juvenile court guardianship for at-risk youth; amending Minnesota Statutes 2020, section 260C.101, subdivision 2; proposing coding for new law as Minnesota Statutes, chapter 257D.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 132 yeas and 2 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Akland
Albright
Anderson
Backer
Bahner
Bahr
Baker
Becker-Finn
Bennett
Berg
Bernardy
Bierman
Bliss
Boe
Boldon
Burkel
Carlson
Christensen
Daniels
Daudt
Davids
Davnie
Demuth
Dettmer
Ecklund
Edelson
Elkins
Erickson
Feist
Fischer
Franke
Franson
Frazier
Frederick
Freiberg
Garofalo
Gomez
Green
Greenman
Grossell
Gruenhagen
Haley
Hamilton
Hansen, R.
Hanson, J.
Hassan
Hausman
Heinrich
Heintzeman
Her
Hertaus
Hollins
Hornstein
Howard
Huot
Igo
Johnson
Jordan
Jurgens
Keeler
Kiel
Klevorn
Koegel
Kotyza-Witthuhn
Koznick
Kresha
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Lucero
Lueck
Mariani
Marquart
Masin
McDonald
Mekeland
Miller
Moller
Moran
Morrison
Mortensen
Mueller
Munson
Murphy
Nash
Nelson, M.
Nelson, N.
Neu Brindley
Noor
Novotny
O'Driscoll
Olson, B.
Olson, L.
O'Neill
Pelowski
Petersburg
Pfarr
Pierson
Pinto
Poston
Pryor
Raleigh
Rasmusson
Reyer
Richardson
Robbins
Sandell
Sandstede
Schomacker
Schultz
Scott
Stephenson
Sundin
Swedzinski
Theis
Thompson
Torkelson
Urdahl
Vang
Wazlawik
West
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
Those who voted in the negative were:
Drazkowski
Quam
The bill was passed and its title agreed to.
H. F. No. 4065 was reported to the House.
Schultz moved to amend H. F. No. 4065, the first engrossment, as follows:
Page 10, line 22, delete "16" and insert "17"
Page 14, line 16, delete "21" and insert "20"
Page 16, line 28, delete "based on review of data"
Page 16, line 29, delete everything after "located"
Page 16, line 30, delete "case manager" and before the period, insert "based on review of data"
Page 17, line 30, delete "and the Residential Services Workbook"
The motion prevailed and the amendment was adopted.
H. F. No. 4065, A bill for an act relating to human services; recodifying long-term care consultation services; amending Minnesota Statutes 2020, sections 144.0724, subdivision 11; 256.975, subdivisions 7a, 7b, 7c, 7d; 256B.051, subdivision 4; 256B.0646; 256B.0659, subdivision 3a; 256B.0911, subdivisions 1, 3c, 3d, 3e, by adding subdivisions; 256B.0913, subdivision 4; 256B.092, subdivisions 1a, 1b; 256B.0922, subdivision 1; 256B.49, subdivisions 12, 13; 256S.02, subdivisions 15, 20; 256S.06, subdivisions 1, 2; 256S.10, subdivision 2; Minnesota Statutes 2021 Supplement, sections 144.0724, subdivisions 4, 12; 256B.49, subdivision 14; 256B.85, subdivisions 2, 5; 256S.05, subdivision 2; repealing Minnesota Statutes 2020, section 256B.0911, subdivisions 2b, 2c, 3, 3b, 3g, 4d, 4e, 5, 6; Minnesota Statutes 2021 Supplement, section 256B.0911, subdivisions 1a, 3a, 3f.
The bill was read for the third time, as amended, and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 132 yeas and 1 nay as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Akland
Albright
Anderson
Backer
Bahner
Bahr
Baker
Becker-Finn
Bennett
Berg
Bernardy
Bierman
Bliss
Boe
Boldon
Burkel
Carlson
Christensen
Daniels
Daudt
Davids
Davnie
Demuth
Dettmer
Drazkowski
Ecklund
Edelson
Elkins
Erickson
Feist
Fischer
Franson
Frazier
Frederick
Freiberg
Garofalo
Gomez
Green
Greenman
Grossell
Gruenhagen
Haley
Hamilton
Hansen, R.
Hanson, J.
Hassan
Hausman
Heinrich
Heintzeman
Her
Hertaus
Hollins
Hornstein
Howard
Huot
Igo
Johnson
Jordan
Jurgens
Keeler
Kiel
Klevorn
Koegel
Kotyza-Witthuhn
Koznick
Kresha
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Lucero
Lueck
Mariani
Marquart
Masin
McDonald
Mekeland
Miller
Moller
Moran
Morrison
Mueller
Munson
Murphy
Nash
Nelson, M.
Nelson, N.
Neu Brindley
Noor
Novotny
O'Driscoll
Olson, B.
Olson, L.
O'Neill
Pelowski
Petersburg
Pfarr
Pierson
Pinto
Poston
Pryor
Quam
Raleigh
Rasmusson
Reyer
Richardson
Robbins
Sandell
Sandstede
Schomacker
Schultz
Scott
Stephenson
Sundin
Swedzinski
Theis
Thompson
Torkelson
Urdahl
Vang
Wazlawik
West
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
Those who voted in the negative were:
Mortensen
The bill was passed, as amended, and its title agreed to.
H. F. No. 3620, A bill for an act relating to labor and industry; allowing a licensed residential building contractor to receive an installation seal for the installation of used manufactured homes; clarifying that a used manufactured home may bear a label or data plate; amending Minnesota Statutes 2020, section 327.32, subdivisions 1a, 1e.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 133 yeas and 1 nay as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Akland
Albright
Anderson
Backer
Bahner
Bahr
Baker
Becker-Finn
Bennett
Berg
Bernardy
Bierman
Bliss
Boe
Boldon
Burkel
Carlson
Christensen
Daniels
Daudt
Davids
Davnie
Demuth
Dettmer
Drazkowski
Ecklund
Edelson
Elkins
Erickson
Feist
Fischer
Franke
Franson
Frazier
Frederick
Freiberg
Garofalo
Gomez
Green
Greenman
Grossell
Gruenhagen
Haley
Hamilton
Hansen, R.
Hanson, J.
Hassan
Hausman
Heinrich
Heintzeman
Her
Hertaus
Hollins
Hornstein
Howard
Huot
Igo
Johnson
Jordan
Jurgens
Keeler
Kiel
Klevorn
Koegel
Kotyza-Witthuhn
Koznick
Kresha
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Lucero
Lueck
Mariani
Marquart
Masin
McDonald
Mekeland
Miller
Moller
Moran
Morrison
Mueller
Munson
Murphy
Nash
Nelson, M.
Nelson, N.
Neu Brindley
Noor
Novotny
O'Driscoll
Olson, B.
Olson, L.
O'Neill
Pelowski
Petersburg
Pfarr
Pierson
Pinto
Poston
Pryor
Quam
Raleigh
Rasmusson
Reyer
Richardson
Robbins
Sandell
Sandstede
Schomacker
Schultz
Scott
Stephenson
Sundin
Swedzinski
Theis
Thompson
Torkelson
Urdahl
Vang
Wazlawik
West
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
Those who voted in the negative were:
Mortensen
The bill was passed and its title agreed to.
H. F. No. 3013, A bill for an act relating to crime; providing for classified employees of the Minnesota Sentencing Guidelines Commission; amending Minnesota Statutes 2020, section 244.09, subdivision 10.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 77 yeas and 57 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bernardy
Bierman
Boldon
Carlson
Christensen
Davnie
Ecklund
Edelson
Elkins
Feist
Fischer
Franke
Frazier
Frederick
Freiberg
Gomez
Greenman
Haley
Hamilton
Hansen, R.
Hanson, J.
Hassan
Hausman
Her
Hollins
Hornstein
Howard
Huot
Jordan
Jurgens
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Mariani
Marquart
Masin
Moller
Moran
Morrison
Murphy
Nelson, M.
Noor
Novotny
Olson, L.
O'Neill
Pelowski
Pinto
Poston
Pryor
Reyer
Richardson
Sandell
Sandstede
Schultz
Stephenson
Sundin
Thompson
Vang
Wazlawik
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
Those who voted in the negative were:
Akland
Albright
Anderson
Backer
Bahr
Baker
Bennett
Bliss
Boe
Burkel
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Franson
Garofalo
Green
Grossell
Gruenhagen
Heinrich
Heintzeman
Hertaus
Igo
Johnson
Kiel
Koznick
Kresha
Lucero
Lueck
McDonald
Mekeland
Miller
Mortensen
Mueller
Munson
Nash
Nelson, N.
Neu Brindley
O'Driscoll
Olson, B.
Petersburg
Pfarr
Pierson
Quam
Raleigh
Rasmusson
Robbins
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
West
The bill was passed and its title agreed to.
H. F. No. 3296, A bill for an act relating to motor vehicles; amending various requirements governing motor vehicle titles and disclosure; making technical and clarifying changes; amending Minnesota Statutes 2020, sections 168A.01, subdivision 17b, by adding a subdivision; 168A.04, subdivisions 1, 4; 168A.05, subdivision 3; 168A.151, subdivision 1; 168A.152, subdivisions 1, 1a; 325F.662, subdivision 3; 325F.6641; 325F.6642; 325F.665, subdivision 14; repealing Minnesota Statutes 2020, sections 168A.01, subdivision 17a; 325F.6644.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 134 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Akland
Albright
Anderson
Backer
Bahner
Bahr
Baker
Becker-Finn
Bennett
Berg
Bernardy
Bierman
Bliss
Boe
Boldon
Burkel
Carlson
Christensen
Daniels
Daudt
Davids
Davnie
Demuth
Dettmer
Drazkowski
Ecklund
Edelson
Elkins
Erickson
Feist
Fischer
Franke
Franson
Frazier
Frederick
Freiberg
Garofalo
Gomez
Green
Greenman
Grossell
Gruenhagen
Haley
Hamilton
Hansen, R.
Hanson, J.
Hassan
Hausman
Heinrich
Heintzeman
Her
Hertaus
Hollins
Hornstein
Howard
Huot
Igo
Johnson
Jordan
Jurgens
Keeler
Kiel
Klevorn
Koegel
Kotyza-Witthuhn
Koznick
Kresha
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Lucero
Lueck
Mariani
Marquart
Masin
McDonald
Mekeland
Miller
Moller
Moran
Morrison
Mortensen
Mueller
Munson
Murphy
Nash
Nelson, M.
Nelson, N.
Neu Brindley
Noor
Novotny
O'Driscoll
Olson, B.
Olson, L.
O'Neill
Pelowski
Petersburg
Pfarr
Pierson
Pinto
Poston
Pryor
Quam
Raleigh
Rasmusson
Reyer
Richardson
Robbins
Sandell
Sandstede
Schomacker
Schultz
Scott
Stephenson
Sundin
Swedzinski
Theis
Thompson
Torkelson
Urdahl
Vang
Wazlawik
West
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
The bill was passed and its title agreed to.
H. F. No. 3989, A bill for an act relating to health; adding physician assistants to certain statutes; modifying references to advanced practice registered nurses; amending Minnesota Statutes 2020, sections 13.83, subdivision 2; 62A.15, subdivision 4, by adding a subdivision; 62A.3091, subdivision 2; 62D.09, subdivision 1; 62E.06, subdivision 1; 62J.17, subdivision 4a; 62J.48; 62J.823, subdivision 3; 62Q.184, subdivision 1; 62Q.57, subdivision 1; 62Q.73, subdivision 7; 62Q.733, subdivision 3; 62Q.74, subdivision 1; 62S.02, subdivision 5; 62S.08, subdivision 3; 62S.20, subdivision 5b; 62S.21, subdivision 2; 62S.268, subdivision 1; 97B.055, subdivision 3; 97B.106, subdivision 1; 97B.1115; 125A.02, subdivision 1; 144.3345, subdivision 1; 144.3352; 144.34; 144.441, subdivisions 4, 5; 144.442, subdivision 1; 144.4803, subdivisions 1, 4, 10, by adding a subdivision; 144.4806; 144.4807, subdivisions 1, 2, 4, 7; 144.50, subdivision 2; 144.55, subdivisions 2, 6; 144.6501, subdivision 7; 144.651, subdivisions 7, 8, 9, 10, 12, 14, 31, 33; 144.652, subdivision 2; 144.69; 144.7402, subdivision 2; 144.7406, subdivision 2; 144.7407, subdivision 2; 144.7414, subdivision 2; 144.7415, subdivision 2; 144.9502, subdivision 4; 144.966, subdivisions 3, 6; 144A.135; 144A.161, subdivisions 5, 5a, 5e, 5g; 144A.471, subdivision 7; 144A.4791, subdivision 13; 144A.75, subdivisions 3, 6; 144A.752, subdivision 1; 144G.08, by adding a subdivision; 144G.70, subdivision 7; 145.853, subdivision 5; 145.892, subdivision 3; 145.94, subdivision 2; 145B.13; 145C.02; 145C.05, subdivision 2; 145C.06; 145C.07, subdivision 1; 145C.16; 147A.27, subdivision 1; 148.6438, subdivision 1; 151.01, subdivision 27; 151.19, subdivision 4; 151.21, subdivision 4a; 151.37, subdivision 12; 152.22, subdivision 4; 152.32, subdivision 3; 176.011, subdivision 12a; 245.50, subdivision 5; 245A.143, subdivisions 2, 7, 8; 245A.1435; 245C.02, subdivision 18; 245C.04, subdivision 1; 245D.02, subdivision 11; 245D.22, subdivision 7; 245D.25, subdivision 2; 245F.02, subdivision 13; 245F.09, subdivision 2; 245G.08, subdivisions 2, 3, 5; 245G.21, subdivisions 2, 3; 245H.11; 246.711, subdivision 2; 246.715, subdivision 2; 246.716, subdivision 2; 246.721; 246.722; 251.043, subdivision 1; 253B.02, subdivision 9; 253B.03, subdivisions 4, 6d; 253B.06, subdivision 2; 253B.23, subdivision 4; 254A.08, subdivision 2; 256.9685, subdivisions 1a, 1b, 1c; 256.975, subdivisions 7a, 7b, 11; 256B.055, subdivision 12; 256B.0575, subdivision 1; 256B.0595, subdivision 3; 256B.0622, subdivision 2b; 256B.0625, subdivisions 2, 12, 26, 60a; 256B.0659, subdivisions 2, 4, 8, 27; 256B.0913, subdivision 8; 256B.0949, subdivision 5; 256B.73, subdivision 5; 256R.44; 256R.54, subdivisions 1, 2; 257.63, subdivision 3; 257B.01,
subdivisions 3, 9, 10; 257B.06, subdivision 7; 259.24, subdivision 2; 260C.007, subdivision 6; 383A.13, subdivisions 3, 6; 609.341, subdivision 17; Minnesota Statutes 2021 Supplement, sections 62J.23, subdivision 2; 144G.08, subdivision 9; 147.091, subdivision 1; 151.37, subdivision 2; 252A.02, subdivision 12; 252A.04, subdivision 2; 252A.20, subdivision 1; 256B.0625, subdivisions 17, 28a, 49; 256B.0659, subdivision 11; 256B.0947, subdivision 3a; 256B.0949, subdivisions 4, 5a; 256P.01, subdivision 6a; repealing Minnesota Statutes 2020, sections 147A.01, subdivision 23; 151.37, subdivision 2a.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 134 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Akland
Albright
Anderson
Backer
Bahner
Bahr
Baker
Becker-Finn
Bennett
Berg
Bernardy
Bierman
Bliss
Boe
Boldon
Burkel
Carlson
Christensen
Daniels
Daudt
Davids
Davnie
Demuth
Dettmer
Drazkowski
Ecklund
Edelson
Elkins
Erickson
Feist
Fischer
Franke
Franson
Frazier
Frederick
Freiberg
Garofalo
Gomez
Green
Greenman
Grossell
Gruenhagen
Haley
Hamilton
Hansen, R.
Hanson, J.
Hassan
Hausman
Heinrich
Heintzeman
Her
Hertaus
Hollins
Hornstein
Howard
Huot
Igo
Johnson
Jordan
Jurgens
Keeler
Kiel
Klevorn
Koegel
Kotyza-Witthuhn
Koznick
Kresha
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Lucero
Lueck
Mariani
Marquart
Masin
McDonald
Mekeland
Miller
Moller
Moran
Morrison
Mortensen
Mueller
Munson
Murphy
Nash
Nelson, M.
Nelson, N.
Neu Brindley
Noor
Novotny
O'Driscoll
Olson, B.
Olson, L.
O'Neill
Pelowski
Petersburg
Pfarr
Pierson
Pinto
Poston
Pryor
Quam
Raleigh
Rasmusson
Reyer
Richardson
Robbins
Sandell
Sandstede
Schomacker
Schultz
Scott
Stephenson
Sundin
Swedzinski
Theis
Thompson
Torkelson
Urdahl
Vang
Wazlawik
West
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
The bill was passed and its title agreed to.
H. F. No. 1442 was reported to the House.
Xiong, T., moved to amend
H. F. No. 1442 as follows:
Page 1, delete sections 1 and
2
Page 15, after line 1,
insert:
"Sec. 11. REVISOR
INSTRUCTION.
The revisor of statutes shall recodify the following sections
in article 6: sections 6 to 10, recodify
Minnesota Statutes, section 192A.70 as 192A.6011; section 192A.701 as
192A.6012; section 192A.702 as section 192A.6013; section 192A.703 as section
192A.6014; and section 192A.704 as section 192A.6015. The revisor shall correct any
cross-references made necessary by this recodification."
Renumber the sections in
sequence and correct the internal references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
H. F. No. 1442, A bill for an act relating to the military; modifying the Minnesota Code of Military Justice; making changes to data provisions; modifying certain requirements and qualifications; making jurisdictional and appellate changes; providing punitive article updates; providing punishable offenses under the military code; providing penalties; amending Minnesota Statutes 2020, sections 192.67; 192A.02, subdivision 2; 192A.021; 192A.111; 192A.15, subdivisions 1, 2; 192A.155, subdivision 2; 192A.20; 192A.235, subdivision 3; 192A.343, subdivision 3; 192A.353, subdivision 2; 192A.371; 192A.384; 192A.56; 192A.612; 192A.62; 606.06; proposing coding for new law in Minnesota Statutes, chapter 192A; repealing Minnesota Statutes 2020, section 192A.385.
The bill was read for the third time, as amended, and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 133 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Akland
Albright
Anderson
Backer
Bahner
Bahr
Baker
Becker-Finn
Bennett
Berg
Bernardy
Bierman
Bliss
Boe
Boldon
Burkel
Carlson
Christensen
Daniels
Daudt
Davids
Davnie
Demuth
Dettmer
Drazkowski
Ecklund
Edelson
Elkins
Erickson
Feist
Fischer
Franke
Franson
Frazier
Frederick
Freiberg
Garofalo
Gomez
Green
Greenman
Grossell
Gruenhagen
Haley
Hamilton
Hansen, R.
Hanson, J.
Hausman
Heinrich
Heintzeman
Her
Hertaus
Hollins
Hornstein
Howard
Huot
Igo
Johnson
Jordan
Jurgens
Keeler
Kiel
Klevorn
Koegel
Kotyza-Witthuhn
Koznick
Kresha
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Lucero
Lueck
Mariani
Marquart
Masin
McDonald
Mekeland
Miller
Moller
Moran
Morrison
Mortensen
Mueller
Munson
Murphy
Nash
Nelson, M.
Nelson, N.
Neu Brindley
Noor
Novotny
O'Driscoll
Olson, B.
Olson, L.
O'Neill
Pelowski
Petersburg
Pfarr
Pierson
Pinto
Poston
Pryor
Quam
Raleigh
Rasmusson
Reyer
Richardson
Robbins
Sandell
Sandstede
Schomacker
Schultz
Scott
Stephenson
Sundin
Swedzinski
Theis
Thompson
Torkelson
Urdahl
Vang
Wazlawik
West
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
The bill was passed, as amended, and its title agreed to.
MOTIONS AND RESOLUTIONS
Jurgens moved that the names of Heintzeman and O'Neill be added
as authors on H. F. No. 26.
The motion prevailed.
Her moved that the name of Morrison be added as an author on
H. F. No. 406. The motion
prevailed.
Frazier moved that the name of Feist be added as an author on
H. F. No. 876. The motion
prevailed.
Agbaje moved that the name of Reyer be added as an author on
H. F. No. 1138. The
motion prevailed.
Berg moved that the name of Hollins be added as an author on
H. F. No. 1742. The
motion prevailed.
Sundin moved that the name of Her be added as an author on
H. F. No. 2091. The
motion prevailed.
Ecklund moved that the name of Baker be added as an author on
H. F. No. 2568. The
motion prevailed.
Lillie moved that the name of Schultz be added as an author on
H. F. No. 2637. The
motion prevailed.
Lislegard moved that the name of Stephenson be added as an
author on H. F. No. 2788.
The motion prevailed.
Becker-Finn moved that the name of Long be added as an author
on H. F. No. 2876. The
motion prevailed.
Acomb moved that the name of Greenman be added as an author on
H. F. No. 3003. The
motion prevailed.
Acomb moved that the name of Greenman be added as an author on
H. F. No. 3006. The
motion prevailed.
Stephenson moved that the name of Bierman be added as an author
on H. F. No. 3043. The
motion prevailed.
Hanson, J., moved that the name of Long be added as an author
on H. F. No. 3100. The
motion prevailed.
Lee moved that the names of Acomb, Wazlawik and Feist be added
as authors on H. F. No. 3146.
The motion prevailed.
Huot moved that the name of Wolgamott be added as an author on
H. F. No. 3188. The
motion prevailed.
Olson, L., moved that the name of Schultz be added as an author
on H. F. No. 3242. The
motion prevailed.
Klevorn moved that the name of Moller be added as an author on
H. F. No. 3524. The
motion prevailed.
Fischer moved that the name of Berg be added as an author on
H. F. No. 3637. The
motion prevailed.
Marquart moved that the name of Her be added as an author on
H. F. No. 3669. The
motion prevailed.
Edelson moved that the name of Morrison be added as an author
on H. F. No. 3729. The
motion prevailed.
Hansen, R., moved that the names of Jordan, Morrison, Acomb,
Ecklund, Pinto, Reyer, Huot, Hornstein, Hollins, Liebling and Olson, L., be added
as authors on H. F. No. 3765.
The motion prevailed.
Bierman moved that the name of Freiberg be added as an author
on H. F. No. 3786. The
motion prevailed.
Edelson moved that the name of Moller be added as an
author on H. F. No. 3840.
The motion prevailed.
Hanson, J., moved that the name of Keeler be added as an author
on H. F. No. 3845. The
motion prevailed.
Morrison moved that the name of Stephenson be added as an
author on H. F. No. 3886.
The motion prevailed.
Morrison moved that the name of Stephenson be added as an
author on H. F. No. 3887.
The motion prevailed.
Bahner moved that her name be stricken as an author on
H. F. No. 3931. The
motion prevailed.
Scott moved that the name of Heintzeman be added as an author
on H. F. No. 3988. The
motion prevailed.
Bahner moved that the name of Klevorn be added as an author on
H. F. No. 4007. The
motion prevailed.
Ecklund moved that the name of O'Neill be added as an author on
H. F. No. 4071. The
motion prevailed.
Scott moved that the name of Schomacker be added as an author
on H. F. No. 4187. The
motion prevailed.
Agbaje moved that the name of Her be added as an author on
H. F. No. 4226. The
motion prevailed.
Edelson moved that the name of Feist be added as an author on
H. F. No. 4233. The
motion prevailed.
Pinto moved that the name of Bahner be added as an author on
H. F. No. 4497. The
motion prevailed.
Bahner moved that the name of Klevorn be added as an author on
H. F. No. 4568. The
motion prevailed.
Huot moved that the name of Bierman be added as an author on
H. F. No. 4615. The
motion prevailed.
Lee moved that the name of Bierman be added as an author on
H. F. No. 4631. The
motion prevailed.
Moller moved that the name of Schomacker be added as an author
on H. F. No. 4633. The
motion prevailed.
Agbaje moved that the name of Her be added as an author on
H. F. No. 4634. The
motion prevailed.
Huot moved that the name of Davids be added as an author on
H. F. No. 4640. The
motion prevailed.
Hollins moved that the names of Long and Moller be added as
authors on H. F. No. 4649.
The motion prevailed.
Agbaje moved that the names of Vang and Her be added as authors
on H. F. No. 4689. The
motion prevailed.
Jordan moved that the name of Hornstein be added as an author
on H. F. No. 4708. The
motion prevailed.
ADJOURNMENT
Her moved that when the House adjourns today it adjourn until
12:10 p.m., Thursday, April 7, 2022. The
motion prevailed.
Her moved that the
House adjourn. The motion prevailed, and
the Speaker declared the House stands adjourned until 12:10 p.m., Thursday,
April 7, 2022.
Patrick D. Murphy, Chief Clerk, House of Representatives