House Journal 101st Day Tuesday May 3 2022

A quorum was present.

Boldon and Davids were excused until 1:50 p.m. Scott was excused until 2:45 p.m.

The Chief Clerk proceeded to read the Journals of the preceding days. There being no objection, further reading of the Journals was dispensed with and the Journals were approved as corrected by the Chief Clerk.

Journal of the House - 101st Day - Tuesday, May 3, 2022 - Top of Page 12650

IN MEMORIAM

The members of the House of Representatives paused for a moment of silence in memory of former Representative Robert "Bob" Latz of Minneapolis, Minnesota who served from 1959 to 1966 who passed away on Monday, April 19, 2022.

PETITIONS AND COMMUNICATIONS

The following communications were received:

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

May 2, 2022

The Honorable Melissa Hortman

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Hortman:

I have received, approved, signed, and deposited in the Office of the Secretary of State the following House File:

H. F. No. 2746, relating to public safety; clarifying eligibility for participation in the Hometown Heroes Act; transferring money.

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:

Journal of the House - 101st Day - Tuesday, May 3, 2022 - Top of Page 12651

S. F.

No.

H. F.

No.

Session Laws

Chapter No.

Time and

Date Approved

2022

Date Filed

2022

2746 49 1:04 p.m. May 2 May 2

2677 50 7:49 p.m. April 29 April 29

Sincerely,

Steve Simon

Secretary of State

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House File was introduced:

Schultz introduced:

H. F. No. 4853, A bill for an act relating to state government; modifying the public employees insurance program; amending Minnesota Statutes 2020, section 43A.316, subdivisions 5, 7.

The bill was read for the first time and referred to the Committee on State Government Finance and Elections.

MESSAGES FROM THE SENATE

The following message was received from the Senate:

Madam Speaker:

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

S. F. No. 4062, A bill for an act relating to state government; appropriating money for environment and natural resources and tourism; modifying previous appropriations; establishing new programs and modifying existing programs; modifying fees; creating accounts; authorizing sales and conveyances of certain land; modifying environmental laws; modifying game and fish laws; modifying water laws; modifying natural resource and environment laws; modifying mining laws; allowing expansion in West Newton Special Use District; requiring reports; making technical corrections; amending Minnesota Statutes 2020, sections 84.027, subdivision 14a, by adding a subdivision; 84.632; 84.788, subdivision 5; 84.82, subdivision 2, by adding a subdivision; 84.821, subdivision 2; 84.84; 84.86, subdivision 1; 84.87, subdivision 1; 84.922, subdivision 4; 85.015, subdivision 10; 90.181, subdivision 2; 97A.015, subdivisions 29, 51; 97A.126, as amended; 97A.137, subdivisions 3, 5; 97A.405, subdivision 5; 97B.031, subdivision 1; 97B.071; 97B.311; 97B.318, subdivision 1; 97B.415; 97B.668; 97C.211, subdivision 2a; 97C.315, subdivision 1; 97C.515, subdivision 2; 103G.201; 103G.211; 103G.223; 103G.271, subdivision 7, by adding a subdivision; 103G.285, by adding a subdivision; 103G.287, subdivisions 4, 5, by adding subdivisions; 103G.289; 115.03, subdivision 1; 115.455; 115.55, by adding a subdivision; 115.77, subdivision 1;

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115.84, subdivisions 2, 3; 115A.03, subdivision 35, by adding subdivisions; 115B.52, subdivision 4; 116.03, subdivision 2b; 116.07, subdivision 4d, by adding a subdivision; 116B.03, subdivision 1; 116B.10, by adding a subdivision; 116D.04, subdivision 2a; 116U.55, by adding a subdivision; 127A.353, subdivision 2; 282.04, subdivision 1, by adding a subdivision; 282.08; 297A.94; Minnesota Statutes 2021 Supplement, sections 84.63; 84.631; 84.92, subdivision 8; 85.052, subdivision 6; 92.502; 103G.271, subdivision 4a; 127A.353, subdivision 4; Laws 2015, First Special Session chapter 4, article 4, section 136, as amended; Laws 2021, First Special Session chapter 6, article 1, section 2, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 93; 115A; repealing Minnesota Statutes 2020, section 97C.515, subdivisions 4, 5; Laws 2012, chapter 236, section 28, subdivision 9, as amended; Laws 2013, chapter 121, section 53; Minnesota Rules, parts 6100.5000, subparts 3, 4, 5; 6100.5700, subpart 4; 6232.0350.

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

Senators Ingebrigtsen, Tomassoni, Eichorn, Weber and Eken.

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

Colleen J. Pacheco, First Assistant Secretary of the Senate

Hansen, R., moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 5 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 4062. The motion prevailed.

CALENDAR FOR THE DAY

The Speaker assumed the Chair.

S. F. No. 4410 was reported to the House.

Liebling moved to amend S. F. No. 4410, the unofficial engrossment, as follows:

Page 95, line 24, delete everything after "of" and insert a colon

Page 95, delete lines 25 and 26 and insert:

"(1) victims who experienced trauma, including historical trauma, resulting from events such as assault or another violent physical act, intimidation, false accusations, wrongful conviction, a hate crime, the violent death of a family member, or experiences of discrimination or oppression based on the victim's race, ethnicity, or national origin; and

(2) the families and heirs of victims described in clause (1), who experienced trauma, including historical trauma, because of their proximity or connection to the victim."

Page 95, line 27, delete "family members of victims" and insert "victims, families, and heirs"

Page 95, line 28, delete "resulting from government-sponsored activities"

Page 95, line 30, after "families" insert "and heirs"

Journal of the House - 101st Day - Tuesday, May 3, 2022 - Top of Page 12653

Page 96, line 1, delete everything after "victims" and insert ", families, and heirs described in paragraph (a):"

Page 96, delete line 2

Page 96, line 7, delete everything after "victims" and insert ", families, and heirs described in paragraph (a)."

Page 96, delete line 8

Page 96, line 10, after "victims" insert ", families, and heirs described in paragraph (a)."

Page 96, delete line 11

Page 96, line 20, delete "resulting from"

Page 96, line 21, delete "government-sponsored activities"

Page 361, line 2, after the period, insert "Health plan companies that participate in Minnesota health care programs under chapters 256B and 256L, and pharmacy benefit managers under contract with these health plan companies, must comply with section 1004 of the federal SUPPORT Act, Public Law 115-271, when providing services to medical assistance and MinnesotaCare enrollees."

Page 819, line 25, delete "unspent" and insert "unexpended"

Page 820, line 23, delete "unspent" and insert "unexpended"

Page 821, line 32, delete "unspent" and insert "unexpended"

Page 822, lines 15 and 26, delete "unspent" and insert "unexpended"

Page 823, lines 11 and 29, delete "unspent" and insert "unexpended"

Page 824, lines 14 and 26, delete "unspent" and insert "unexpended"

Page 825, line 10, delete the first "eligible"

Page 825, line 12, delete "unspent" and insert "unexpended"

Page 838, line 36, after the period, insert "This is a onetime appropriation and is available until June 30, 2025."

Page 839, line 10, delete "$52,386,000" and insert "$47,386,000"

Page 839, line 11, delete "$49,715,000" and insert "$44,715,000"

Page 841, lines 20 and 21, delete "$25,000,000" and insert "$19,283,000"

Page 844, line 33, delete "$63,209,000" and insert "$57,492,000"

Page 844, line 34, delete "$66,859,000" and insert "$61,142,000"

Page 858, lines 11 and 12, delete "$63,386,000" and insert "$60,886,000"

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Page 865, line 33, delete "$189,352,000" and insert "$186,852,000"

Page 865, line 34, delete "$188,770,000" and insert "$186,270,000"

Page 869, line 18, after the period, insert "This is a onetime transfer."

The motion prevailed and the amendment was adopted.

Demuth moved to amend S. F. No. 4410, the unofficial engrossment, as amended, as follows:

Page 37, delete section 25

Page 38, delete section 26

Page 39, delete section 27

Page 43, delete section 28

Page 44, delete section 29

Page 97, delete section 95

Page 104, delete lines 15 to 20

Page 104, line 21, delete "(d)" and insert "(c)"

Page 869, line 20, delete "$22,444,000" and insert "$22,436,000"

Page 869, line 21, delete "$10,239,000" and insert "$10,231,000"

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Demuth amendment and the roll was called. There were 63 yeas and 66 nays as follows:

Those who voted in the affirmative were:

The motion did not prevail and the amendment was not adopted.

Quam moved to amend S. F. No. 4410, the unofficial engrossment, as amended, as follows:

Page 365, after line 33, insert:

"Sec. 60. PHARMACOGENOMICS (PGX) TASK FORCE.

Subdivision 1. Establishment. The Minnesota Board of Pharmacy shall establish a pharmacogenomics (PGx) task force to evaluate and assess the current availability of pharmacogenomics statewide and to develop recommendations for making pharmacogenomics available statewide. For purposes of this section, "pharmacogenomics" means the determination of how variation in an individual's genomic information influences medication safety and efficacy.

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Subd. 2. Membership. (a) The PGx task force shall consist of members appointed by the executive director of the Minnesota Board of Pharmacy according to paragraph (c) and four members of the legislature appointed according to paragraph (e). Members shall serve for a term of two years.

(b) The task force will elect a chair and cochair and other officers as the members deem necessary, selected from among the appointed members.

(1) at least two pharmacists with expertise in pharmacogenomics from the University of Minnesota;

(2) at least two other pharmacists licensed and practicing within the state with expertise in pharmacogenomics;

(3) at least two physicians licensed and practicing in the state;

(4) at least two health system or clinic administrators, or their designees, from the state;

(5) a representative of a patient organization that operates in the state;

(6) a patient or caregiver with an interest in pharmacogenomics;

(7) a pharmacist or other provider who is a member of a diverse and underrepresented community;

(8) a second member of a diverse and underrepresented community;

(9) a representative of the biotechnology industry;

(10) a representative of payers, health plans, or insurers;

(11) an expert in health informatics from the University of Minnesota;

(12) an expert in data management and security;

(13) an expert in ethical, legal, and social implications of genomics;

(14) an expert in health regulatory affairs from the state; and

(15) a genetic counselor.

(d) Members appointed according to paragraph (c) shall reflect an equitable statewide geographical representation and representation from diverse groups within the state.

(e) The PGx task force shall include two members of the senate, one appointed by the majority leader and one appointed by the minority leader, and two members of the house of representatives, one appointed by the speaker of the house and one appointed by the minority leader, who shall serve as nonvoting, ex officio members who do not hold a board office or chair a board committee.

(f) The executive director or a designee shall serve as an ex officio, nonvoting member of the PGx task force.

(g) Initial appointments to the PGx task force shall be made no later than September 1, 2022.

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Subd. 3. Meetings. The first meeting of the PGx task force shall be convened no later than October 20, 2022. The PGx task force shall meet at the call of the chairperson or at the request of a majority of PGx task force members.

Subd. 4. Duties. The PGx task force's duties may include but are not limited to:

(1) conducting a comprehensive analysis of pharmacogenomics across the state;

(2) developing a strategy to implement pharmacogenomics statewide;

(3) determining the pharmacogenomic education needed for health care professionals to improve effectiveness of treatment and reduce reactions to medications through the use of pharmacogenomics;

(4) soliciting input from the public on adoption readiness of pharmacogenomics;

(5) considering the needs and perspectives of diverse and underrepresented communities; and

(6) developing recommendations for:

(i) disseminating pharmacogenomics services into practice across the state;

(ii) evaluating the benefits and value to patient health as it relates to pharmacogenomics;

(iii) building capacity for research on pharmacogenomics needs and capabilities across the state;

(iv) necessary education for health care professionals;

(v) public adoption of pharmacogenomics, including the needs of diverse and underrepresented communities;

(vi) evaluating IT solutions for data sharing across electronic medical records and retail pharmacy systems;

(vii) identifying and evaluating federal pharmacogenomics legislation for comparison; and

(viii) changes to state policy and statutes.

Subd. 5. Contracts. The Board of Pharmacy may enter into a contract with the University of Minnesota for conducting research and surveys, or providing administrative assistance to the task force.

Subd. 6. Conflict of interest. PGx task force members are subject to state policy on conflicts of interest.

Subd. 7. Report required. By October 30, 2023, the executive director shall report to the chairs and ranking minority members of the legislative committees with jurisdiction over health care policy on the activities of the PGx task force. At a minimum, the report must include:

(1) a description of the PGx task force's goals; and

(2) a description of the independent recommendations made by the PGx task force.

Subd. 8. Expiration. The PGx task force expires October 30, 2024."

Page 870, line 6, delete "175,000" and insert "425,000"

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Page 870, line 8, before "Medication" insert "(a)"

Page 870, after line 13, insert:

"(b) PGx Task Force. $250,000 in fiscal year 2023 is for the Board of Pharmacy to establish the pharmacogenomics (PGx) task force. This is a onetime appropriation. This appropriation is available until expended."

Page 870, line 27, delete "7,775,000" and insert "7,525,000"

Adjust amounts accordingly

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

The motion did not prevail and the amendment was not adopted.

Kiel moved to amend S. F. No. 4410, the unofficial engrossment, as amended, as follows:

Page 234, delete section 41

Page 235, delete sections 42, 43, and 44

Page 236, delete section 45

Page 251, delete section 50

Page 252, delete section 51

Page 253, delete section 52

Page 588, after line 27, insert:

"Sec. 12. Minnesota Statutes 2020, section 256R.02, subdivision 16, is amended to read:

Subd. 16. Dietary costs. "Dietary costs" means the costs for the salaries and wages of the dietary supervisor, dietitians, chefs, cooks, dishwashers, and other employees assigned to the kitchen and dining room, and associated fringe benefits and payroll taxes. Dietary costs also includes the salaries or fees of dietary consultants, dietary supplies, and food preparation and serving.

EFFECTIVE DATE. This section is effective for the rate year beginning January 1, 2024, or upon federal approval, whichever occurs later. The commissioner of human services shall inform the revisor of statutes when federal approval is obtained.

Journal of the House - 101st Day - Tuesday, May 3, 2022 - Top of Page 12661

Sec. 13. Minnesota Statutes 2020, section 256R.02, is amended by adding a subdivision to read:

Subd. 16a. Dietary labor costs. "Dietary labor costs" means the costs for the salaries and wages of the dietary supervisor, dietitians, chefs, cooks, dishwashers, and other employees assigned to the kitchen and dining room, and associated fringe benefits and payroll taxes.

Sec. 14. Minnesota Statutes 2020, section 256R.02, subdivision 24, is amended to read:

Subd. 24. Housekeeping costs. "Housekeeping costs" means ~~the costs for the salaries and wages of the housekeeping supervisor, housekeepers, and other cleaning employees and associated fringe benefits and payroll taxes. It also includes~~ the cost of housekeeping supplies, including, but not limited to, cleaning and lavatory supplies and contract services.

Sec. 15. Minnesota Statutes 2020, section 256R.02, is amended by adding a subdivision to read:

Subd. 24a. Housekeeping labor costs. "Housekeeping labor costs" means the costs for the salaries and wages of the housekeeping supervisor, housekeepers, and other cleaning employees, and associated fringe benefits and payroll taxes.

Sec. 16. Minnesota Statutes 2020, section 256R.02, is amended by adding a subdivision to read:

Subd. 25b. Known cost change factor. "Known cost change factor" means 1.00 plus the forecasted percentage change in the CPI-U index from July 1 of the reporting period to July 1 of the rate year as determined by the national economic consultant used by the commissioner of management and budget.

Sec. 17. Minnesota Statutes 2020, section 256R.02, subdivision 26, is amended to read:

Subd. 26. Laundry costs. "Laundry costs" means the costs ~~for the salaries and wages of the laundry supervisor and other laundry employees, associated fringe benefits, and payroll taxes. It also includes the costs~~ of linen and bedding, the laundering of resident clothing, laundry supplies, and contract services.

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Sec. 18. Minnesota Statutes 2020, section 256R.02, is amended by adding a subdivision to read:

Subd. 26a. Laundry labor costs. "Laundry labor costs" means the costs for the salaries and wages of the laundry supervisor and other laundry employees, and associated fringe benefits and payroll taxes.

Sec. 19. Minnesota Statutes 2020, section 256R.02, subdivision 29, is amended to read:

Subd. 29. Maintenance and plant operations costs. "Maintenance and plant operations costs" means the costs for the salaries and wages of the maintenance supervisor, engineers, heating-plant employees, and other maintenance employees and associated fringe benefits and payroll taxes. It also includes identifiable costs for maintenance and operation of the building and grounds, including, but not limited to, fuel, electricity, medical waste and garbage removal, water, sewer, supplies, tools, and repairs.

Sec. 20. Minnesota Statutes 2020, section 256R.02, is amended by adding a subdivision to read:

Subd. 29a. Maintenance and plant operations labor costs. "Maintenance and plant operations labor costs" means the costs for the salaries and wages of the maintenance supervisor, engineers, heating-plant employees, and other maintenance employees, and associated fringe benefits and payroll taxes.

Sec. 21. Minnesota Statutes 2020, section 256R.02, subdivision 34, is amended to read:

Subd. 34. Other care-related costs. "Other care-related costs" means the sum of activities costs, other direct care costs, raw food costs, dietary labor costs, housekeeping labor costs, laundry labor costs, maintenance and plant operations labor costs, therapy costs, and social services costs.

Sec. 22. Minnesota Statutes 2020, section 256R.23, subdivision 2, is amended to read:

Subd. 2. Calculation of direct care cost per standardized day. Each facility's direct care cost per standardized day is the product of the facility's direct care costs and the known cost change factor, divided by the sum of the facility's standardized days. A facility's direct care cost per standardized day is the facility's cost per day for direct care services associated with a case mix index of 1.00.

Journal of the House - 101st Day - Tuesday, May 3, 2022 - Top of Page 12663

Sec. 23. Minnesota Statutes 2020, section 256R.23, subdivision 3, is amended to read:

Subd. 3. Calculation of other care-related cost per resident day. Each facility's other care-related cost per resident day is the product of its other care-related costs and the known cost change factor, divided by the sum of the facility's resident days.

Sec. 24. Minnesota Statutes 2020, section 256R.24, subdivision 1, is amended to read:

Subdivision 1. Determination of other operating cost per day. Each facility's other operating cost per day is the product of its other operating costs and the known cost change factor, divided by the sum of the facility's resident days.

Sec. 25. Minnesota Statutes 2020, section 256R.25, is amended to read:

256R.25 EXTERNAL FIXED COSTS PAYMENT RATE.

(a) The payment rate for external fixed costs is the sum of the amounts in paragraphs (b) to (o).

(b) For a facility licensed as a nursing home, the portion related to the provider surcharge under section 256.9657 is equal to $8.86 per resident day. For a facility licensed as both a nursing home and a boarding care home, the portion related to the provider surcharge under section 256.9657 is equal to $8.86 per resident day multiplied by the result of its number of nursing home beds divided by its total number of licensed beds.

(c) The portion related to the licensure fee under section 144.122, paragraph (d), is the amount of the fee divided by the sum of the facility's resident days.

(d) The portion related to development and education of resident and family advisory councils under section 144A.33 is $5 per resident day divided by 365.

(e) The portion related to scholarships is determined under section 256R.37.

(f) The portion related to planned closure rate adjustments is as determined under section 256R.40, subdivision 5, and Minnesota Statutes 2010, section 256B.436.

(g) The portion related to consolidation rate adjustments shall be as determined under section 144A.071, subdivisions 4c, paragraph (a), clauses (5) and (6), and 4d.

(h) The portion related to single-bed room incentives is as determined under section 256R.41.

(i) The portions related to real estate taxes, special assessments, and payments made in lieu of real estate taxes directly identified or allocated to the nursing facility are the allowable amounts divided by the sum of the facility's resident days. Allowable costs under this paragraph for payments made by a nonprofit nursing facility that are in lieu of real estate taxes shall not exceed the amount which the nursing facility would have paid to a city or township and county for fire, police, sanitation services, and road maintenance costs had real estate taxes been levied on that property for those purposes.

Journal of the House - 101st Day - Tuesday, May 3, 2022 - Top of Page 12664

(j) The portion related to employer health insurance costs is the product of the allowable costs and the known cost change factor, divided by the sum of the facility's resident days.

(k) The portion related to the Public Employees Retirement Association is the allowable costs divided by the sum of the facility's resident days.

(l) The portion related to quality improvement incentive payment rate adjustments is the amount determined under section 256R.39.

(m) The portion related to performance-based incentive payments is the amount determined under section 256R.38.

(n) The portion related to special dietary needs is the amount determined under section 256R.51.

(o) The portion related to the rate adjustments for border city facilities is the amount determined under section 256R.481.

Page 589, after line 28, insert:

"Sec. 15. Minnesota Statutes 2020, section 256S.201, subdivision 3, is amended to read:

Subd. 3. Customized living service rates. The authorized rates for customized living services and 24-hour customized living services must be based on the amount of component services to be provided utilizing component rates established ~~by the commissioner~~ in section 256S.215. Counties and tribes shall use tools issued by the commissioner to develop and document customized living service plans and rates.

EFFECTIVE DATE. This section is effective January 1, 2023, or upon federal approval, whichever occurs later. The commissioner of human services shall inform the revisor of statutes when federal approval is obtained."

Page 590, line 3, strike "256S.2101" and insert "256S.211"

Page 590, line 13, after "2023" insert ", except the strikeout of section 256S.2101 is effective July 1, 2022, or upon federal approval, whichever is later. The commissioner of human services shall notify the revisor of statutes when federal approval is obtained"

Page 591, after line 3, insert:

"Sec. 18. Minnesota Statutes 2020, section 256S.211, is amended by adding a subdivision to read:

Subd. 1a. Updating base wages. Each January 1, the commissioner must update the base wages under section 256S.212 based on the most recently available Minneapolis-St. Paul-Bloomington, MN-WI MetroSA average wage data from the Bureau of Labor Statistics.

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Page 595, line 6, after the period, insert "The commissioner must update the payroll taxes and benefits factor each January 1."

Page 597, line 3, after "2023" insert ", except the amendment to subdivision 1 is effective January 1, 2023, or upon federal approval, whichever is later. The commissioner of human services shall notify the revisor of statutes when federal approval is obtained"

Page 601, after line 29, insert:

"Sec. 25. DIRECTION TO THE COMMISSIONER OF HUMAN SERVICES; PARTIAL YEAR RATE ADJUSTMENTS.

(a) On July 1, 2022, the commissioner shall update the base wage indices in Minnesota Statutes, section 256S.212, based on the most recently available Minneapolis-St. Paul-Bloomington, MN-WI MetroSA average wage data from the Bureau of Labor Statistics.

(b) On July 1, 2022, the commissioner shall update the payroll tax and benefit factor in Minnesota Statutes, section 256S.213, subdivision 1, based on the most recently available nursing facility cost report data.

EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, whichever occurs later. The commissioner of human services shall inform the revisor of statutes when federal approval is obtained.

Sec. 26. NURSING FACILITY FUNDING.

(a) Effective July 1, 2022, through December 31, 2024, the total payment rate for all facilities reimbursed under this section shall be increased by $52.11 per resident day.

(b) To be eligible to receive a payment under this section, a nursing facility must attest to the commissioner of human services that the additional revenue will be used exclusively to increase compensation-related costs for employees directly employed by the facility on or after July 1, 2022, except:

(1) owners of the building and operation;

(2) persons employed in the central office of an entity that has any ownership interest in the nursing facility or exercises control over the nursing facility; and

(3) persons paid by the nursing facility under a management or vendor contract.

(c) Contracted housekeeping, dietary, and laundry employees providing services on site at the nursing facility are eligible for increases under this section as long as the agency that employs them submits to the nursing facility proof of the costs of increases provided to those employees that comply with paragraph (d).

(d) For purposes of this section, compensation-related costs include:

(1) permanent new increases to wages and salaries implemented after July 1, 2022, and paid out to employees no later than December 31, 2024; and

(2) the employer's share of FICA taxes, Medicare taxes, state and federal unemployment taxes, PERA, workers' compensation, and pension and employee retirement accounts directly associated with the wage and salary increases in clause (1), incurred and paid for no later than December 31, 2024.

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(e) No later than September 1, 2022, a facility that receives a rate increase under this section must:

(1) prepare a distribution plan that specifies the total amount of money the facility expects to receive and how that money will be distributed to increase the allowable wages and salaries in paragraphs (b) and (c); and

(2) post the distribution plan and leave it posted for a period of at least six months in an area of the facility to which all employees have access. The posted distribution plan must include instructions for employees who believe they have not received the compensation-related cost increases specified in paragraph (d), and the plan must include the email address and the telephone number that may be used by the employee to contact the commissioner or the commissioner's representative. A facility that receives a rate increase under this section must submit a copy of its distribution plan to the commissioner by October 1, 2022.

(f) If the nursing facility expends less on new compensated-related costs than the amount that was made available by this rate increase for that purpose, the amount of this rate adjustment shall be reduced to equal the amount utilized by the facility for purposes authorized under this section. If the facility fails to post the distribution plan in their facility as required, fails to submit their distribution plan to the commissioner by the due date, or uses these funds for unauthorized purposes, these rate increases must be treated as an overpayment and subsequently recovered.

(g) The commissioner shall not treat payments received under this section as an applicable credit for purposes of setting total payment rates under Minnesota Statutes, chapter 256R."

Page 602, delete section 28 and insert:

"Sec. 28. REPEALER.

(a) Minnesota Statutes 2020, section 256S.19, subdivision 4, is repealed.

(b) Minnesota Statutes 2021 Supplement, section 256S.2101, is repealed effective July 1, 2022, or upon federal approval, whichever is later. The commissioner of human services shall notify the revisor of statutes when federal approval is obtained."

Page 826, line 7, delete "32,461,000" and insert "34,397,000" and delete "456,998,000" and insert "468,492,000"

Page 826, line 10, delete "476,814,000" and insert "490,280,000"

Page 826, line 11, delete "(1,936,000)" and insert "-0-" and delete "(88,874,000)" and insert "(90,846,000)"

Page 826, line 17, delete "96,704,000" and insert "15,879,000"

Page 826, line 18, delete "10,592,000" and insert "3,700,000"

Page 827, line 15, delete "$2,293,000" and insert "$915,000"

Page 829, line 3, delete "4,762,000" and insert "3,190,000"

Page 829, line 4, delete "2,475,000" and insert "1,664,000"

Page 829, delete lines 19 to 31

Reletter the paragraphs in sequence

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Page 830, line 9, delete "$2,037,000" and insert "$1,810,000" and delete "$5,450,000" and insert "$1,751,000"

Page 830, line 11, delete "3,478,000" and insert "3,768,000"

Page 832, line 22, delete "28,724,000" and insert "13,467,000"

Page 832, line 28, delete "(75,208,000)" and insert "26,866,000"

Page 832, line 29, delete "(134,601,000)" and insert "(109,677,000)"

Page 845, delete line 4

Page 854, line 2, delete "6,501,000" and insert "-0-"

Page 854, line 19, delete "266,731,000" and insert "260,771,000"

Page 854, line 22, delete "259,187,000" and insert "253,227,000"

Page 854, line 28, delete "201,635,000" and insert "195,675,000"

Page 865, line 14, delete "$15,000,000" and insert "$9,040,000"

Page 870, line 27, delete "7,775,000" and insert "-0-"

Page 870, delete lines 28 to 30

Page 870, line 31, delete "for"

Page 870, line 32, delete "this appropriation"

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Kiel amendment and the roll was called. There were 62 yeas and 69 nays as follows:

Those who voted in the affirmative were:

So it was the judgment of the House that the decision of Speaker pro tempore Wolgamott should stand.

The Speaker resumed the Chair.

Haley moved to amend S. F. No. 4410, the unofficial engrossment, as amended, as follows:

Page 444, after line 10, insert:

"Sec. 16. Minnesota Statutes 2021 Supplement, section 256B.4914, subdivision 5, as amended by Laws 2022, chapter 33, section 1, is amended to read:

Subd. 5. Base wage index; establishment and updates. (a) The base wage index is established to determine staffing costs associated with providing services to individuals receiving home and community-based services. For purposes of calculating the base wage, Minnesota-specific wages taken from job descriptions and standard occupational classification (SOC) codes from the Bureau of Labor Statistics as defined in the Occupational Handbook must be used.

(b) The commissioner shall update the base wage index in subdivision 5a, publish these updated values, and load them into the rate management system as follows:

(1) on January 1, 2022, based on wage data by SOC from the Bureau of Labor Statistics available as of December 31, 2019;

(2) on January 1, 2023, based on wage data by SOC from the Bureau of Labor Statistics available as of December 31, 2020;

(3) on ~~November 1, 2024~~ January 1, 2025, based on wage data by SOC from the Bureau of Labor Statistics available as of December 31, ~~2021~~ 2022; and

~~Journal of the House - 101st Day - Tuesday, May 3, 2022 - Top of Page 12675~~

~~(3)~~ (4) on ~~July 1, 2026~~ January 1, 2027, and every two years thereafter, based on wage data by SOC from the Bureau of Labor Statistics available 30 24 months and one day prior to the scheduled update.

EFFECTIVE DATE. This section is effective January 1, 2023, or upon federal approval, whichever is later. The commissioner of human services shall notify the revisor of statutes when federal approval is obtained."

Page 459, after line 14, insert:

"Sec. 27. Laws 2022, chapter 33, section 1, subdivision 5b, is amended to read:

Subd. 5b. Standard component value adjustments. The commissioner shall update the client and programming support, transportation, and program facility cost component values as required in subdivisions 6 to 9a for changes in the Consumer Price Index. The commissioner shall adjust these values higher or lower, publish these updated values, and load them into the rate management system as follows:

(1) on January 1, 2022, by the percentage change in the CPI-U from the date of the previous update to the data available on December 31, 2019;

(2) on January 1, 2023, by the percentage change in the CPI-U from the date of previous update to the data available on December 31, 2021;

(3) on ~~November 1, 2024~~ January 1, 2025, by the percentage change in the CPI-U from the date of the previous update to the data available as of December 31, ~~2021~~ 2023; and

~~(3)~~ (4) on ~~July 1, 2026~~ January 1, 2027, and every two years thereafter, by the percentage change in the CPI-U from the date of the previous update to the data available 30 12 months and one day prior to the scheduled update.

Sec. 28. Laws 2022, chapter 33, section 1, subdivision 5c, is amended to read:

Subd. 5c. Removal of after-framework adjustments. Any rate adjustments applied to the service rates calculated under this section outside of the cost components and rate methodology specified in this section shall be removed from rate calculations upon implementation of the updates under subdivisions 5 ~~and~~, 5b, and 5f.

Sec. 29. Laws 2022, chapter 33, section 1, subdivision 5d, is amended to read:

Subd. 5d. Unavailable data for updates and adjustments. If Bureau of Labor Statistics occupational codes or Consumer Price Index items specified in subdivisions 5 or, 5b, or 5f are unavailable in the future, the commissioner shall recommend to the legislature codes or items to update and replace.

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Sec. 30. Laws 2022, chapter 33, section 1, subdivision 5e, is amended to read:

Subd. 5e. Inflationary update spending requirement. (a) At least 80 percent of the marginal increase in revenue from the rate adjustment applied to the service rates calculated under subdivisions 5 and 5b beginning on January 1, 2022, for services rendered between January 1, 2022, and March 31, 2024, must be used to increase compensation-related costs for employees directly employed by the program on or after January 1, 2022.

(b) For the purposes of this subdivision, compensation-related costs include:

(1) wages and salaries;

(2) the employer's share of FICA taxes, Medicare taxes, state and federal unemployment taxes, workers' compensation, and mileage reimbursement;

(3) the employer's paid share of health and dental insurance, life insurance, disability insurance, long-term care insurance, uniform allowance, pensions, and contributions to employee retirement accounts; and

(4) benefits that address direct support professional workforce needs above and beyond what employees were offered prior to ~~January 1, 2022~~ implementation of the applicable rate adjustment, including retention and recruitment bonuses and tuition reimbursement.

(c) Compensation-related costs for persons employed in the central office of a corporation or entity that has an ownership interest in the provider or exercises control over the provider, or for persons paid by the provider under a management contract, do not count toward the 80 percent requirement under this subdivision.

(d) A provider agency or individual provider that receives a rate subject to the requirements of this subdivision shall prepare, and upon request submit to the commissioner, a distribution plan that specifies the amount of money the provider expects to receive that is subject to the requirements of this subdivision, including how that money was or will be distributed to increase compensation-related costs for employees. Within 60 days of final implementation of a rate adjustment subject to the requirements of this subdivision, the provider must post the distribution plan and leave it posted for a period of at least six months in an area of the provider's operation to which all direct support professionals have access. The posted distribution plan must include instructions regarding how to contact the commissioner or commissioner's representative if an employee believes the employee has not received the compensation-related increase described in the plan.

(e) ~~This subdivision expires June 30, 2024~~ At least 80 percent of the marginal increase in revenue from the rate adjustments applied to service rates calculated under subdivisions 5, 5b, and 5f beginning on January 1, 2023, and on January 1, 2025, for services rendered on or after those dates must be used to increase compensation-related costs for employees directly employed by the program.

Sec. 31. Laws 2022, chapter 33, section 1, is amended by adding a subdivision to read:

Subd. 5f. Competitive workforce factor adjustments. (a) On January 1, 2023, and every two years thereafter, the commissioner shall update the competitive workforce factor to equal the differential between:

(1) the most recently available wage data by SOC code for the weighted average wage for direct care staff for residential services and direct care staff for day services; and

Journal of the House - 101st Day - Tuesday, May 3, 2022 - Top of Page 12677

(2) the most recently available wage data by SOC code of the weighted average wage of comparable occupations.

(b) For each update of the competitive workforce factor, the update shall not decrease the competitive workforce factor by more than 2.0. If the competitive workforce factor is less than or equal to zero, then the competitive workforce factor is zero.

Page 460, after line 28, insert:

"Sec. 28. Laws 2022, chapter 33, section 1, subdivision 10c, is amended to read:

Subd. 10c. Reporting and analysis of competitive workforce factor. (a) Beginning February 1, ~~2021~~ 2024, and every two years thereafter, the commissioner shall report to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over health and human services policy and finance an analysis of the competitive workforce factor.

(b) The report must include ~~recommendations to update the competitive workforce factor using~~:

(1) the most recently available wage data by SOC code for the weighted average wage for direct care staff for residential services and direct care staff for day services;

(2) the most recently available wage data by SOC code of the weighted average wage of comparable occupations; and

(3) workforce data as required under subdivision 10b.

(c) The commissioner shall not recommend an increase or decrease of the competitive workforce factor from the current value by more than two percentage points. If, after a biennial analysis for the next report, the competitive workforce factor is less than or equal to zero, the commissioner shall recommend a competitive workforce factor of zero This subdivision expires upon submission of the calendar year 2030 report.

Page 465, after line 23, insert:

"Sec. 31. DIRECTION TO COMMISSIONER OF HUMAN SERVICES; ADDITIONAL DWRS RATE INCREASES.

Subdivision 1. Additional rate increases. (a) In addition to the rate increases described in the amendments contained in this act to Minnesota Statutes, section 256B.4914, the commissioner shall further adjust the rates as described in paragraphs (b) to (f) until the net increase in the rates established under Minnesota Statutes, section 256B.4914, as amended in this act, and under this section are equivalent to a three-year appropriation of $253,001,000 for fiscal years 2023, 2024, and 2025. The commissioner shall apply the rate changes in this section after applying other changes contained in this act. The commissioner shall apply the rate changes in this section in the order presented in the following paragraphs. If the three-year appropriation target is reached after applying the provisions of a paragraph, the commissioner shall not apply the provisions in the remaining paragraphs.

Journal of the House - 101st Day - Tuesday, May 3, 2022 - Top of Page 12678

(b) Notwithstanding Minnesota Statutes, section 256B.4914, subdivision 5, paragraph (b), clause (2), as added by amendment in this act, on January 1, 2023, the commissioner shall adjust the data used to update the base wage index by using up to the most recently available wage data by SOC code from the Bureau of Labor Statistics. If the estimated cost of fully implementing the rate adjustment in this paragraph exceeds the three-year appropriation target, the commissioner shall proportionately reduce the estimated change to the wage index to reach the target.

(c) Notwithstanding Minnesota Statutes, section 256B.4914, subdivision 5b, clause (2), as added by amendment in this act, on January 1, 2023, the commissioner shall adjust the data used to update the client and programming support, transportation, and program facility cost component values by using up to the most recently available data. If the estimated cost of fully implementing the rate adjustment in this paragraph exceeds the three-year appropriation target, the commissioner shall proportionately reduce the estimated change to component values to reach the target.

(d) Notwithstanding the provision in Minnesota Statutes, section 256B.4914, subdivision 5f, paragraph (a), as added by amendment in this act, requiring a biennial update of the competitive workforce factor, on January 1, 2024, the commissioner shall update the competitive workforce factor. If the estimated cost of fully implementing the rate adjustment in this paragraph exceeds the three-year appropriation target, the commissioner shall cap the increase in the competitive workforce factor to reach the target.

(e) Notwithstanding the provision in Minnesota Statutes, section 256B.4914, subdivision 5, paragraph (b), as amended in this act, on January 1, 2024, the commissioner shall update the base wage index in Minnesota Statutes, section 256B.4914, subdivision 5a, based on the most recently available wage data by SOC from the Bureau of Labor Statistics. If the estimated cost of fully implementing the rate adjustment in this paragraph exceeds the three‑year appropriation target, the commissioner shall proportionately reduce the estimated change to component values to reach the target.

(f) Notwithstanding the provision in Minnesota Statutes, section 256B.4914, subdivision 5b, as amended in this act, on January 1, 2024, the commissioner shall update the client and programming support, transportation, and program facility cost component values based on the most recently available wage data by SOC from the Bureau of Labor Statistics. If the estimated cost of fully implementing the rate adjustment in this paragraph exceeds the three‑year appropriation target, the commissioner shall proportionately reduce the estimated change to component values to reach the target.

Subd. 2. Spending requirements. A program or provider that receives a rate increase under this section is subject to the requirements of Minnesota Statutes, section 256B.4914, subdivision 5e."

Page 826, line 17, delete "96,704,000" and insert "97,254,000"

Page 827, line 13, delete "$9,679,000" and insert "$9,789,000"

Page 832, line 28, delete "(75,208,000)" and insert "(69,562,000)"

Page 854, line 2, delete "6,501,000" and insert "305,000"

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

A roll call was requested and properly seconded.

Journal of the House - 101st Day - Tuesday, May 3, 2022 - Top of Page 12679

The question was taken on the Haley amendment and the roll was called. There were 63 yeas and 69 nays as follows:

Those who voted in the affirmative were:

The motion did not prevail and the amendment was not adopted.

Davids was excused for the remainder of today's session.

The Speaker called Wolgamott to the Chair.

S. F. No. 4410, A bill for an act relating to health and human services; modifying provisions governing community supports, continuing care for older adults, human services operations and licensing, health care, behavioral health, children and family services, health, health-related licensing boards, scope of practice, and background studies; establishing a Department of Behavioral Health; establishing certain grants; establishing interstate compacts for nurses, audiologists and speech language pathologists, and licensed professional counselors; modifying the expiration dates and repealing certain mandated reports; expanding and renaming the higher education facilities authority to include nonprofit health care organizations; making human services forecast adjustments; appropriating money; requiring reports; amending Minnesota Statutes 2020, sections 3.732, subdivision 1; 13.46, subdivision 7; 15A.0815, subdivision 2; 62J.692, subdivision 5; 62N.25, subdivision 5; 62Q.1055; 62Q.37, subdivision 7; 62Q.47; 103I.005, subdivisions 17a, 20a, by adding a subdivision; 136A.25; 136A.26; 136A.27; 136A.28; 136A.29, subdivisions 1, 3, 6, 9, 10, 14, 19, 20, 21, 22, by adding a subdivision; 136A.32, subdivision 4; 136A.33; 136A.34, subdivisions 3, 4; 136A.36; 136A.38; 136A.41; 136A.42; 136F.67, subdivision 1; 137.68; 144.051, subdivision 6; 144.057, subdivision 1; 144.1222, subdivision 2d; 144.193; 144.294,

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subdivision 2; 144.4199, subdivision 8; 144.497; 144A.10, subdivision 17; 144A.351, subdivision 1; 144A.483, subdivision 1; 144A.75, subdivision 12; 144E.01, subdivisions 1, 4; 144E.35; 144G.45, subdivisions 6, 7; 145.4134; 145.4716, by adding a subdivision; 145.928, subdivision 13; 147.01, subdivision 7; 147.03, subdivisions 1, 2; 147.037; 147A.28; 147C.15, subdivision 3; 147C.40, subdivision 5; 148.212, subdivision 1; 148F.11, by adding a subdivision; 150A.10, subdivision 1a; 150A.105, subdivision 8; 151.01, subdivision 27; 151.065, subdivisions 1, 3, 7; 152.125; 169A.70, subdivisions 3, 4; 242.19, subdivision 2; 245.4661, subdivision 10; 245.4889, subdivision 3, by adding a subdivision; 245A.11, subdivisions 2, 2a, 7, 7a, by adding a subdivision; 245A.14, subdivision 14; 245A.19; 245C.02, subdivision 17a, by adding a subdivision; 245C.04, subdivisions 1, 4a, by adding subdivisions; 245C.10, by adding subdivisions; 245C.31, subdivisions 1, 2, by adding a subdivision; 245D.10, subdivision 3a; 245D.12; 245F.03; 245F.04, subdivision 1; 245G.01, by adding a subdivision; 245G.05, subdivision 2; 245G.06, subdivision 3, by adding a subdivision; 245G.07, subdivision 1; 245G.08, subdivision 3; 245G.12; 245G.21, by adding a subdivision; 245G.22, subdivision 2; 252.275, subdivisions 4c, 8; 253B.18, subdivision 6; 254A.19, subdivisions 1, 3, by adding subdivisions; 254B.01, subdivision 5, by adding subdivisions; 254B.03, subdivisions 1, 5; 254B.04, subdivision 2a, by adding subdivisions; 254B.05, subdivision 1; 256.01, subdivision 29, by adding a subdivision; 256.021, subdivision 3; 256.042, subdivision 5; 256.045, subdivision 3; 256.9657, subdivision 8; 256.975, subdivisions 11, 12; 256B.0561, subdivision 4; 256B.057, subdivision 9; 256B.0625, subdivisions 17a, 39; 256B.0659, subdivisions 1, 12, 19, 24; 256B.0757, subdivisions 1, 2, 3, 4, 5, 8; 256B.0911, subdivision 5; 256B.0949, subdivisions 8, 17; 256B.49, subdivisions 13, 15, 23; 256B.4911, subdivisions 3, 4, by adding a subdivision; 256B.4914, subdivisions 3, as amended, 4, as amended, 8, as amended, 9, as amended, 10, as amended, 10a, as amended, 12, as amended, 14, as amended; 256B.493, subdivisions 2, 4, 5, 6, by adding subdivisions; 256B.5012, by adding subdivisions; 256B.69, subdivision 9d; 256B.85, by adding a subdivision; 256D.0515; 256D.09, subdivision 2a; 256E.28, subdivision 6; 256E.33, subdivisions 1, 2; 256E.35, subdivisions 1, 2, 4a, 6, 7; 256G.02, subdivision 6; 256I.04, subdivision 3; 256I.05, by adding a subdivision; 256K.26, subdivisions 2, 6, 7; 256K.45, subdivision 6, by adding subdivisions; 256L.12, subdivision 8; 256N.26, subdivision 12; 256P.02, by adding a subdivision; 256P.03, subdivision 2; 256P.04, subdivision 11; 256Q.06, by adding a subdivision; 256R.02, subdivisions 16, 24, 26, 29, 34, by adding subdivisions; 256R.18; 256R.23, subdivisions 2, 3; 256R.24, subdivision 1; 256R.25; 256S.16; 257.0725; 260.012; 260.775; 260B.157, subdivisions 1, 3; 260B.331, subdivision 1; 260C.001, subdivision 3; 260C.007, subdivision 27; 260C.151, subdivision 6; 260C.152, subdivision 5; 260C.175, subdivision 2; 260C.176, subdivision 2; 260C.178, subdivision 1; 260C.181, subdivision 2; 260C.193, subdivision 3; 260C.201, subdivisions 1, 2; 260C.202; 260C.203; 260C.204; 260C.212, subdivision 4a; 260C.221; 260C.331, subdivision 1; 260C.513; 260C.607, subdivisions 2, 5; 260C.613, subdivisions 1, 5; 260E.20, subdivision 1; 260E.22, subdivision 2; 260E.24, subdivisions 2, 6; 260E.38, subdivision 3; 268.19, subdivision 1; 297E.021, subdivision 3; 299A.299, subdivision 1; 354B.20, subdivision 7; 477A.0126, subdivision 7, by adding a subdivision; 518A.43, subdivision 1; 518A.77; 626.557, subdivision 12b; 626.5571, subdivision 1; Minnesota Statutes 2021 Supplement, sections 10A.01, subdivision 35; 15.01; 15.06, subdivision 1; 43A.08, subdivision 1a; 62A.673, subdivision 2; 144.551, subdivision 1; 144G.45, subdivisions 4, 5; 144G.81, subdivision 3; 148F.11, subdivision 1; 245.467, subdivisions 2, 3; 245.4871, subdivision 21; 245.4876, subdivisions 2, 3; 245.4889, subdivision 1; 245.735, subdivision 3; 245A.03, subdivision 7; 245C.03, subdivision 5a, by adding subdivisions; 245C.05, subdivision 5; 245I.02, subdivisions 19, 36; 245I.03, subdivision 9; 245I.04, subdivision 4; 245I.05, subdivision 3; 245I.08, subdivision 4; 245I.09, subdivision 2; 245I.10, subdivisions 2, 6; 245I.20, subdivision 5; 245I.23, subdivision 22; 254A.03, subdivision 3; 254A.19, subdivision 4; 254B.03, subdivision 2; 254B.04, subdivision 1; 254B.05, subdivisions 4, 5; 256.01, subdivision 42; 256.042, subdivision 4; 256B.0371, subdivision 4; 256B.0622, subdivision 2; 256B.0625, subdivisions 3b, 10, 17; 256B.0659, subdivision 17a; 256B.0671, subdivision 6; 256B.0911, subdivisions 3a, 3f; 256B.0946, subdivision 1; 256B.0947, subdivisions 2, 6; 256B.0949, subdivisions 2, 13; 256B.49, subdivision 28; 256B.4914, subdivision 5, as amended; 256B.69, subdivision 9f; 256B.85, subdivisions 7, 7a; 256B.851, subdivision 5; 256L.03, subdivision 2; 256P.01, subdivision 6a; 256P.02, subdivisions 1a, 2; 256P.06, subdivision 3; 256S.205; 256S.2101; 260C.157, subdivision 3; 260C.212, subdivisions 1, 2; 260C.605, subdivision 1; 260C.607, subdivision 6; 260E.20, subdivision 2; 297E.02, subdivision 3; Laws 2009, chapter 79, article 13, section 3, subdivision 10, as amended; Laws 2014, chapter 312, article 27, section 75; Laws 2020, First Special Session chapter 7, section 1, subdivision 1, as amended; Laws 2021, First Special Session chapter 7, article 2, section 74, by adding a subdivision; article 10, sections 1; 3; article 11, section 38; article 14, section 21, subdivision 4; article 16, sections 2, subdivisions 1, 24, 29, 31, 33; 5; article 17, sections 3; 6; 10; 11; 12;

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14; 17, subdivision 3; 19; Laws 2021, First Special Session chapter 8, article 6, section 1, subdivision 7; Laws 2022, chapter 33, section 1, subdivisions 5a, 5b, 5c, 5d, 5e, 5f, 10c; by adding a subdivision; Laws 2022, chapter 40, sections 6; 7; proposing coding for new law in Minnesota Statutes, chapters 103I; 144G; 145; 147A; 148; 148B; 151; 245A; 245D; 254A; 256; 256B; 626; proposing coding for new law as Minnesota Statutes, chapter 256T; repealing Minnesota Statutes 2020, sections 62U.10, subdivision 3; 136A.29, subdivision 4; 144.1911, subdivision 10; 144.564, subdivision 3; 144A.483, subdivision 2; 147.02, subdivision 2a; 169A.70, subdivision 6; 245.981; 245G.22, subdivision 19; 246.0136; 246.131; 246B.03, subdivision 2; 246B.035; 252.025, subdivision 7; 252.035; 254A.02, subdivision 8a; 254A.04; 254A.16, subdivision 6; 254A.19, subdivisions 1a, 2; 254A.21; 254B.04, subdivisions 2b, 2c; 254B.041, subdivision 2; 254B.14, subdivisions 1, 2, 3, 4, 6; 256.01, subdivision 31; 256B.0638, subdivision 7; Minnesota Statutes 2021 Supplement, sections 254A.19, subdivision 5; 254B.14, subdivision 5; Laws 1998, chapter 382, article 1, section 23; Laws 2022, chapter 33, section 1, subdivision 9a; Minnesota Rules, parts 9530.7000, subparts 1, 2, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 17a, 19, 20, 21; 9530.7005; 9530.7010; 9530.7012; 9530.7015, subparts 1, 2a, 4, 5, 6; 9530.7020, subparts 1, 1a, 2; 9530.7021; 9530.7022, subpart 1; 9530.7025; 9530.7030, subpart 1.

The Speaker resumed the Chair.

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 69 yeas and 64 nays as follows:

Those who voted in the affirmative were:

The bill was passed, as amended, and its title agreed to.

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There being no objection, the order of business reverted to Messages from the Senate.

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Madam Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned:

H. F. No. 3254, A bill for an act relating to commerce; clarifying prohibited contract terms regarding choice of venue; amending Minnesota Statutes 2020, section 325E.37, subdivision 7.

Cal R. Ludeman, Secretary of the Senate

Madam Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned:

H. F. No. 3545, A bill for an act relating to horse racing; providing for use of the breeders fund; amending Minnesota Statutes 2021 Supplement, section 240.131, subdivision 7.

Cal R. Ludeman, Secretary of 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. 4293, A bill for an act relating to state government; appropriating money for certain government agencies and pension plans; allowing certain contracts; determining acceptance of certain collateral by the executive council; designating Juneteenth; defining certain terms; specifying emergency management provisions; modifying data practices provisions; amending provisions of the Legislative Salary Council; changing the revolving fund for services rate and statewide systems services; providing changes to state budget and finance sections; moving the Office of Collaborations and Dispute Resolution under the Department of Administration; establishing the Office of Enterprise Translations; creating the language access service account; changing provisions for grant administration, solicitation process, affirmative action measures, technology accessibility standards, hiring processes, salary differential benefits, supported work practices, deposit and investment of local public funds, Minnesota State Colleges and Universities, burial grounds, manufactured homes, managed natural landscapes, military salary differential, Mississippi River Parkway Commission, campaign finance and elections, barbering, and cosmetology; permitting certain local licenses; creating certain separation and retention incentive programs; requiring an Office of Small Agency study; establishing State Emblems Redesign Commission, Legislative Task Force on Aging, and Advisory Committee on Service Worker Standards; making policy and technical changes to various military and veterans affairs provisions, including provisions related to veterans housing, veteran benefits, veterans services, veterans bonus program, and Veterans Service Office grant program; creating a Veterans Service Office grant

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program; determining actuarial assumption for investment rate of return and direct state aid; providing for allocation of federal transportation-related funds; providing various policy changes to transportation-related provisions; establishing a working group and a task force; authorizing the sale and issuance of state bonds; requiring reports; setting certain fees; amending Minnesota Statutes 2020, sections 3.303, subdivision 6; 4.075, by adding subdivisions; 5B.06; 9.031, subdivision 3; 10.55; 10A.273, subdivision 1; 12.03, by adding subdivisions; 12.21, subdivision 2; 12.31, subdivision 2; 12.35, subdivision 4; 12.36; 13.04, subdivision 4; 13.072, subdivision 1; 15A.0825, subdivisions 1, 2, 3; 16A.126, subdivision 1; 16A.1286, subdivision 2; 16A.15, subdivision 3; 16B.33, subdivisions 1, 3, 3a, by adding a subdivision; 16B.98, by adding a subdivision; 16C.10, subdivision 2; 16C.32, subdivision 1; 43A.01, subdivision 2; 43A.02, by adding subdivisions; 43A.04, subdivisions 1a, 4, 7; 43A.09; 43A.10, subdivisions 2a, 7; 43A.14; 43A.15, subdivision 14, by adding a subdivision; 43A.183, subdivisions 1, 2; 43A.19, subdivision 1; 43A.191; 43A.21, subdivisions 1, 2, 3, by adding a subdivision; 43A.36, subdivision 1; 43A.421; 82.75, subdivision 8; 118A.09, subdivisions 1, 2; 136F.02, subdivision 1; 138.081, subdivision 3; 138.665, subdivision 2; 154.001, subdivision 2; 154.003; 154.01; 154.02, subdivisions 1, 4, 5, by adding subdivisions; 154.05; 154.07, subdivision 1; 154.08; 154.09; 154.11, subdivision 1, by adding a subdivision; 155A.20; 155A.23, subdivisions 8, 11, 18, by adding a subdivision; 155A.25, subdivision 1a; 155A.27, subdivisions 1, 5a, 6, 10, by adding a subdivision; 155A.271, subdivision 1; 155A.29, subdivision 1; 155A.30, subdivisions 2, 3, 4, 11; 160.08, subdivision 7; 160.266, by adding a subdivision; 161.088, subdivisions 1, 2, 4, 5, as amended, by adding a subdivision; 161.115, by adding a subdivision; 161.14, by adding subdivisions; 161.1419, subdivision 2; 162.07, subdivision 2; 162.13, subdivisions 2, 3; 168.002, by adding a subdivision; 168.1235, subdivision 1; 168.1253, subdivision 3; 168.27, subdivision 11; 168.327, subdivisions 2, 3; 168.33, subdivision 7; 168.345; 168A.01, subdivision 17b, by adding a subdivision; 168A.04, subdivisions 1, 4; 168A.05, subdivision 3; 168A.11, subdivision 3; 168A.151, subdivision 1; 168A.152, subdivisions 1, 1a; 168B.07, subdivision 3, by adding subdivisions; 169.14, by adding a subdivision; 169.18, subdivision 3; 169.8261; 171.01, by adding a subdivision; 171.06, subdivision 2, by adding a subdivision; 171.061, subdivision 4; 171.0705, by adding a subdivision; 171.12, subdivision 1a; 171.13, subdivision 1a; 174.52, subdivision 3; 197.608, subdivisions 4, 6; 197.79, subdivisions 1, 2, 3, 5, 10; 201.061, subdivision 3; 201.071, subdivisions 1, 3, 8; 201.091, subdivision 2; 201.12, subdivision 2; 201.13, subdivision 3; 201.1611, subdivision 1; 202A.16, subdivision 1; 203B.01, by adding a subdivision; 203B.02, by adding a subdivision; 203B.07, subdivisions 1, 2, 3; 203B.081, subdivisions 1, 2, 3; 203B.11, subdivision 1; 203B.121, subdivision 3; 203B.16, subdivision 2; 203B.21, subdivisions 1, 3; 203B.23, subdivision 2; 203B.28; 204B.06, subdivision 4a; 204B.09, subdivision 1; 204B.13, by adding a subdivision; 204B.19, subdivision 6; 204B.21, subdivision 2; 204B.45, subdivisions 1, 2; 204B.46; 204C.15, subdivision 1; 204C.33, subdivision 3; 204D.19, subdivision 2; 204D.22, subdivision 3; 204D.23, subdivision 2; 205.13, subdivision 5; 205A.10, subdivision 5; 205A.12, subdivision 5; 207A.12; 209.021, subdivision 2; 211B.04, subdivisions 2, 3, by adding a subdivision; 211B.11, subdivision 1; 211B.32, subdivision 1; 216D.03, by adding a subdivision; 219.1651; 221.025; 299A.41, subdivision 3; 299A.705, by adding a subdivision; 299D.03, subdivision 5; 299F.60, subdivision 1; 299J.16, subdivision 1; 307.08, as amended; 325F.662, subdivision 3; 325F.6641; 325F.6642; 325F.665, subdivision 14; 327C.095, subdivisions 12, 13, 16; 353.65, subdivision 3b; 354A.12, subdivisions 3a, 3c; 356.215, subdivision 8; 367.03, subdivision 6; 447.32, subdivision 4; 473.375, by adding a subdivision; 490.123, subdivision 5; 609.855, subdivisions 1, 7; 645.44, subdivision 5; Minnesota Statutes 2021 Supplement, sections 10A.01, subdivision 16a; 168.327, subdivision 1; 169.09, subdivision 13; 169.222, subdivision 4; 169A.60, subdivision 13; 171.0605, subdivision 5; 171.13, subdivision 1; 171.306, subdivision 4; 196.081; 201.225, subdivision 2; 203B.082, subdivision 2, by adding a subdivision; 203B.121, subdivisions 2, 4; 203B.24, subdivision 1; 204B.09, subdivision 3; 204B.16, subdivision 1; 207A.13, subdivision 2; 360.55, subdivision 9; 360.59, subdivision 10; Laws 2021, First Special Session chapter 5, article 1, section 4, subdivision 3; article 2, section 2, subdivision 1; Laws 2021, First Special Session chapter 12, article 1, sections 11, subdivision 4; 37, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 16B; 16E; 43A; 118A; 154; 160; 161; 169; 171; 174; 197; 211B; 412; 471; 473; repealing Minnesota Statutes 2020, sections 1.135; 1.141; 12.03, subdivision 5d; 136F.03; 168A.01, subdivision 17a; 179.90; 179.91; 325F.6644; Minnesota Rules, parts 2100.2500; 2100.2600; 2100.2900; 2100.3000; 2100.3200; 8835.0350, subpart 2.

Colleen J. Pacheco, First Assistant Secretary of the Senate

Journal of the House - 101st Day - Tuesday, May 3, 2022 - Top of Page 12684

Nelson, M., moved that the House refuse to concur in the Senate amendments to H. F. No. 4293, that the Speaker appoint a Conference Committee of 5 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.

ANNOUNCEMENTS BY THE SPEAKER

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 4293:

Nelson, M.; Hornstein; Murphy; Koegel and Nash.

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 4366:

Sundin, Hausman, Howard, Vang and Theis.

MOTIONS AND RESOLUTIONS

Hertaus moved that the name of Swedzinski be added as an author on H. F. No. 1303. The motion prevailed.

Lislegard moved that the name of Bernardy be added as an author on H. F. No. 2788. The motion prevailed.

Hanson, J., moved that the name of Boe be added as an author on H. F. No. 3100. The motion prevailed.

Wolgamott moved that the name of Stephenson be added as an author on H. F. No. 3432. The motion prevailed.

Koegel moved that the name of Morrison be added as an author on H. F. No. 3552. The motion prevailed.

Morrison moved that the name of Hollins be added as an author on H. F. No. 4146. The motion prevailed.

Agbaje moved that the name of Becker-Finn be added as an author on H. F. No. 4269. The motion prevailed.

Masin moved that the name of Mariani be added as an author on H. F. No. 4738. The motion prevailed.

Masin moved that the name of Mariani be added as an author on H. F. No. 4741. The motion prevailed.

Hansen, R., moved that the name of Morrison be added as an author on H. F. No. 4850. The motion prevailed.

ANNOUNCEMENT BY THE SPEAKER

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 4062:

Hansen, R.; Wazlawik; Morrison; Lippert and Heintzeman.

Journal of the House - 101st Day - Tuesday, May 3, 2022 - Top of Page 12685

ADJOURNMENT

Winkler moved that when the House adjourns today it adjourn until 11:00 a.m., Wednesday, May 4, 2022. The motion prevailed.

Winkler moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 11:00 a.m., Wednesday, May 4, 2022.

Patrick D. Murphy, Chief Clerk, House of Representatives

Journal of the House - 101st Day - Tuesday, May 3, 2022 - Top of Page 12686