House Journal 113th Day Monday May 6 2024

A quorum was present.

Daniels, Davids, Skraba and Wiener were excused.

Curran was excused until 12:25 p.m. Hicks was excused until 12:45 p.m. Frazier was excused until 1:00 p.m. Petersburg was excused until 1:20 p.m. Schultz was excused until 8:10 p.m.

Speaker pro tempore Becker-Finn called Her to the Chair.

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

Journal of the House - 112th Day - Monday, May 6, 2024 - Top of Page 15720

PETITIONS AND COMMUNICATIONS

The following communication was received:

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

The Honorable Melissa Hortman

Speaker of the House of Representatives

The Honorable Bobby Joe Champion

President of the Senate

I have the honor to inform you that the following enrolled Act of the 2024 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

2024

Date Filed

2024

3881 98 9:15 a.m. May 2 May 2

Sincerely,

Steve Simon

Secretary of State

REPORTS OF STANDING COMMITTEES AND DIVISIONS

Olson, L., from the Committee on Ways and Means to which was referred:

H. F. No. 3276, A bill for an act relating to elections; providing for ranked choice voting; authorizing jurisdictions to adopt ranked choice voting for local offices; establishing procedures for adoption, implementation, and use of ranked choice voting for local jurisdictions; allowing local jurisdictions to use electronic voting systems with a reallocation feature; authorizing rulemaking; amending Minnesota Statutes 2022, sections 204B.35, subdivision 1; 204C.21, by adding a subdivision; 204D.07, subdivision 3; 205.13, subdivision 2; 206.57, by adding a subdivision; Minnesota Statutes 2023 Supplement, section 206.83; proposing coding for new law in Minnesota Statutes, chapter 206; proposing coding for new law as Minnesota Statutes, chapter 204E.

Reported the same back with the following amendments:

Page 5, delete lines 20 to 22 and insert:

"(b) A jurisdiction, whether governed by statute or charter, that adopts ranked choice voting may only do so by a ballot question presented to the voters. The ranked choice voting method may be repealed by the same method used for adoption."

Page 5, line 24, delete "an agreement, or"

Page 5, line 25, delete "if adopting by ballot question,"

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Page 5, line 32, delete "an agreement,"

Page 6, line 1, delete "or" and delete "if adopting by ballot question,"

Page 16, after line 24, insert:

"Sec. 19. APPROPRIATION.

$209,000 in fiscal year 2025 is appropriated from the general fund to the secretary of state for costs associated with implementation of this act. The base for this appropriation is $75,000 in fiscal year 2026 and each fiscal year thereafter."

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 6, after the semicolon, insert "appropriating money;"

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

The report was adopted.

Olson, L., from the Committee on Ways and Means to which was referred:

H. F. No. 4975, A bill for an act relating to state government operations and finance; modifying fees assessed by the Department of Commerce; modifying appropriations to the Office of Cannabis Management; modifying provisions governing cannabis and health responsibilities; modifying insurance assessments and fees; giving various rights to consumers regarding personal data; placing obligations on certain businesses regarding consumer data; providing for enforcement by the attorney general; state government; authorizing supplemental agriculture appropriations; modifying appropriations; providing broadband appropriation transfer authority; making policy and technical changes to agriculture provisions; establishing and modifying agriculture programs; requiring an application for federal broadband aid; establishing a supplemental budget for energy, transmission, and renewable energy purposes; adding and modifying provisions governing geothermal energy, electric transmission, solar energy, and other energy policy; establishing programs; requiring reports; appropriating money; making technical changes; amending Minnesota Statutes 2022, sections 3.7371, subdivisions 2, 3, by adding subdivisions; 17.133, subdivision 1; 18B.01, by adding a subdivision; 18B.26, subdivision 6; 18B.28, by adding a subdivision; 18B.305, subdivision 2; 18B.32, subdivisions 1, 3, 4, 5; 18B.33, subdivisions 1, 5, 6; 18B.34, subdivisions 1, 4; 18B.35, subdivision 1; 18B.36, subdivisions 1, 2; 18B.37, subdivisions 2, 3; 18C.005, subdivision 33, by adding subdivisions; 18C.115, subdivision 2; 18C.215, subdivision 1; 18C.221; 18C.70, subdivision 5; 18C.71, subdivision 4; 18C.80, subdivision 2; 18D.301, subdivision 1; 28A.10; 28A.21, subdivision 6; 31.74; 31.94; 32D.30; 41B.039, subdivision 2; 41B.04, subdivision 8; 41B.042, subdivision 4; 41B.043, subdivision 1b; 41B.045, subdivision 2; 41B.047, subdivision 1; 45.0135, subdivision 7; 62Q.73, subdivision 3; 116J.396, by adding a subdivision; 216B.16, subdivisions 6c, 7b; 216B.2402, subdivisions 4, 10, by adding a subdivision; 216B.2403, subdivisions 2, 3, 5, 8; 216B.241, subdivisions 1c, 2, 11, 12; 216B.2421, subdivision 2; 216B.2425, subdivisions 1, 2, by adding a subdivision; 216B.2427, subdivision 1, by adding a subdivision; 216B.243, subdivisions 3, 9; 216B.246, subdivision 3; 216C.10; 216C.435, subdivisions 3a, 3b, 4, 10, by adding subdivisions; 216C.436, subdivisions 1, 4, 7, 8, 10; 216E.03, as amended; 216E.04, as amended; 216F.02; 223.17, subdivision 6; 232.21, subdivisions 3, 7, 11, 12, 13; Minnesota Statutes 2023 Supplement, sections 17.055, subdivision 3; 17.133, subdivision 3; 17.134, by adding a subdivision; 18C.421, subdivision 1; 18C.425, subdivision 6; 18K.06; 41A.19; 116C.779, subdivision 1; 144.197; 216B.243, subdivision 8; 216C.08; 216C.09; 216C.331, subdivision 1; 216C.435, subdivision 8; 216C.436, subdivisions 1b, 2; 216E.10, subdivision 3; 342.15, by adding a subdivision; 342.72; Laws 2023, chapter 43, article 1, sections 2; 4; Laws 2023, chapter 63, article 9, sections 10; 19; 20; proposing coding for new law in Minnesota Statutes, chapters 13; 18B; 18C; 216C; 216E; proposing coding for new law as Minnesota Statutes, chapter 325O; repealing Minnesota Statutes

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2022, sections 3.7371, subdivision 7; 34.07; 216E.08, subdivisions 1, 4; 216F.01, subdivision 1; 216F.012; 216F.015; 216F.03; Minnesota Statutes 2023 Supplement, section 216F.04; Minnesota Rules, parts 1506.0010; 1506.0015; 1506.0020; 1506.0025; 1506.0030; 1506.0035; 1506.0040; 7850.2400; 7850.3600.

Reported the same back with the following amendments:

Page 9, after line 31, insert:

"Sec. 4. Laws 2023, chapter 70, article 20, section 2, subdivision 5, is amended to read:

Subd. 5. Central Office; Health Care

Appropriations by Fund

General

35,807,000

31,349,000

Health Care Access

30,668,000

50,168,000

(a) Medical assistance and MinnesotaCare accessibility improvements. $4,000,000 in fiscal year 2024 is from the general fund for interactive voice response upgrades and translation services for medical assistance and MinnesotaCare enrollees with limited English proficiency. This appropriation is available until June 30, 2025.

(b) Transforming service delivery. $155,000 in fiscal year 2024 and $180,000 in fiscal year 2025 are from the general fund for transforming service delivery projects.

(c) Improving the Minnesota eligibility technology system functionality. $1,604,000 in fiscal year 2024 and $711,000 in fiscal year 2025 are from the general fund for improving the Minnesota eligibility technology system functionality. The base for this appropriation is $1,421,000 in fiscal year 2026 and $0 in fiscal year 2027.

(d) Actuarial and economic analyses. $2,500,000 is from the health care access fund for actuarial and economic analyses and to prepare and submit a state innovation waiver under section 1332 of the federal Affordable Care Act for a Minnesota public option health care plan. This is a onetime appropriation and is available until June 30, 2025.

(e) Contingent appropriation for Minnesota public option health care plan. $22,000,000 in fiscal year 2025 is from the health care access fund for agency initiatives related to ~~implement~~ a Minnesota public option health care plan. The commissioner of human services, in fiscal year 2025, shall transfer from this appropriation to the commissioner of commerce an amount sufficient for the commissioner of commerce to develop and submit to the federal government a section 1332 waiver request to implement a Minnesota public option health care plan. This is a onetime appropriation and ~~is available upon approval of a state innovation waiver under section 1332 of the federal Affordable Care Act. This appropriation~~ is available until June 30, 2027.

(f) Carryforward authority. Notwithstanding Minnesota Statutes, section 16A.28, subdivision 3, $2,367,000 of the appropriation in fiscal year 2024 is available until June 30, 2027.

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(g) Base level adjustment. The general fund base is $32,315,000 in fiscal year 2026 and $27,536,000 in fiscal year 2027. The health care access fund base is $28,168,000 in fiscal year 2026 and $28,168,000 in fiscal year 2027.

Sec. 5. REQUEST FOR FEDERAL WAIVER TO IMPLEMENT A PUBLIC OPTION.

Subdivision 1. Waiver submittal. (a) The commissioner of commerce shall submit a section 1332 waiver request pursuant to United States Code, title 42, section 18052, to the Secretary of Health and Human Services to obtain federal approval to implement a public option. The commissioner (1) may contract for any analyses, certification, data, or other information required to complete the section 1332 waiver application in accordance with Code of Federal Regulations, title 33, part 108; Code of Federal Regulations, title 155, part 1308; and any other applicable federal law, and (2) is not subject to contract requirements under Minnesota Statutes, chapter 16C.

(b) The commissioner of commerce shall also seek, as part of the waiver request, federal approval for the state to:

(1) continue receiving federal Medicaid payments for Medicaid-eligible individuals and federal basic health program payments for basic health program-eligible MinnesotaCare individuals; and

(2) receive federal pass-through funding equal to the value of premium tax credits and cost-sharing reductions that MinnesotaCare public option enrollees with household incomes greater than 200 percent of the federal poverty guidelines would otherwise have received.

(c) In developing the waiver request, the commissioner of commerce shall consult regularly with the commissioner of human services and the MNsure board.

Subd. 2. Public option requirements; waiver development; reports to legislature. (a) The public option proposal submitted for waiver approval to the federal government must be consistent with, but need not be identical to, the public option framework specified in this section.

(b) The commissioner of commerce, in developing the public option proposal, may modify the public option framework specified in this section based on consultation with the commissioner of human services and the MNsure board and any analyses, certification, data, or other information provided as part of the waiver development process. The commissioner of commerce shall incorporate into the public option proposal any recommendations made by the commissioner of human services regarding the provisions of Minnesota Statutes, chapter 256L, that would apply to the public option.

(c) The commissioner of commerce shall present to the chairs and ranking minority members of the legislative committees with jurisdiction over health care finance and policy and health insurance an interim report on the public option proposal and waiver process by December 15, 2024, and a final report by April 15, 2025. The interim and final reports must include a description of and rationale for:

(1) any significant changes from the public option framework specified in this section; and

(2) any features of the public option included in the waiver request but not addressed by this framework.

The final report must also include a copy of the waiver request submitted to the federal government and any supporting material.

Subd. 3. Access through MNsure. (a) The commissioner of human services shall offer the public option through the MNsure website. The MNsure website must (1) ensure simple, convenient, and understandable access to enrollment in the public option, and (2) allow individuals to compare public option coverage with other coverage options. The MNsure board must extend the special enrollment period provisions that apply to qualified health plan enrollment to individuals who are eligible to enroll in the public option.

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(b) The MNsure board shall provide administrative functions to facilitate the offering of the public option by the commissioner of human services. These functions include but are not limited to: marketing, call center operations, certification of insurance producers, and making payments to navigators for the successful enrollment of applicants in the public option. The MNsure board may provide additional administrative functions as requested by the commissioner of human services.

(c) An individual must be able to apply for and, if eligible, enroll in the public option by completing the application for a qualified health plan with premium tax credits or cost-sharing reductions. Enrollment in the public option must not require an applicant to provide additional information or complete an action not required for an applicant to enroll in a qualified health plan with premium tax credits or cost-sharing reductions. An individual must provide information needed to confirm the individual is not eligible for medical assistance under Minnesota Statutes, chapter 256B, or MinnesotaCare under Minnesota Statutes, chapter 256L.

(d) The MNsure board shall process all public option applications and make all eligibility determinations for the public option. Eligibility decisions for the public option shall be appealable to the MNsure board.

Subd. 4. Insurance producers. (a) The MNsure board may establish certification requirements that must be met by insurance producers in order to assist individuals with enrolling in the public option.

(b) For each applicant an insurance producer successfully enrolls in the public option, a health carrier shall offer the same compensation or other incentives that it offers for enrollment in other qualified health plans available through MNsure.

(c) An insurance producer assisting an individual with enrollment in the public option must disclose to that individual, orally and in writing at the time of first solicitation, that the producer may receive compensation from the health carrier for enrolling the individual in the public option.

Subd. 5. Eligibility for the public option. (a) Families and individuals with income above the maximum income eligibility limit specified in Minnesota Statutes, section 256L.04, subdivision 1 or 7, who meet all other MinnesotaCare eligibility requirements are eligible for the MinnesotaCare public option, subject to the income limit phase-in and additional requirements specified in this section. Families and individuals enrolled in the public option shall be considered MinnesotaCare enrollees and all provisions of Minnesota Statutes, chapter 256L, applying generally to MinnesotaCare enrollees shall apply to public option enrollees, unless specified otherwise in this section and unless the commissioner of human services determines that departures from the MinnesotaCare provisions are necessary to obtain federal funding and communicates the decision to the commissioner of commerce as part of the waiver development process.

(b) Eligibility for the public option is subject to the following limits on household income:

(1) 400 percent of the federal poverty guidelines for the first plan year;

(2) 550 percent of the federal poverty guidelines for the second plan year; and

(3) no household income limit for the third and subsequent plan years.

(c) Families and individuals may enroll in the MinnesotaCare public option only during an annual open enrollment period or special enrollment period, as designated by the MNsure board in compliance with Code of Federal Regulations, title 45, sections 155.410 and 155.420.

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Subd. 6. Premium scale. Public option enrollees shall pay premiums for individual or family coverage, as applicable, according to the following premium scale:

	Household Income as Percentage of Federal Poverty Guidelines
Greater Than or Equal to	Not Exceeding	Required Premium Contribution as Percentage of Household Income
201%	250%	4.88%
251%	300%	6.38%
301%	400%	7.88%
401%	500%	8.5%
501%	550%	9.01%
551% and over	No maximum	10%

Subd. 7. Cost-sharing. (a) Public option enrollees are subject to the MinnesotaCare cost-sharing requirements established under Minnesota Statutes, section 256L.03, subdivision 5, except that:

(1) cost-sharing applies to all public option enrollees and there are no exemptions;

(2) the deductibles specified in paragraph (b) apply;

(3) the commissioner of human services shall set cost-sharing for public option enrollees at an actuarial value of 94 percent, except that the actuarial value for public option enrollees with household incomes above 400 percent of the federal poverty guidelines may be lower than 94 percent to reflect the deductibles required under paragraph (b); and

(4) out-of-pocket maximums for public option enrollees must not exceed the out-of-pocket maximums outlined in Code of Federal Regulations, title 45, section 156.130.

(b) Public option enrollees shall be subject to the following annual deductibles:

(1) for household incomes 401 percent to 500 percent of federal poverty guidelines, $500;

(2) for household incomes 501 percent to 600 percent of federal poverty guidelines, $1,000; and

(3) for household incomes 601 percent of federal poverty guidelines or above, $1,500.

(c) No annual deductible shall apply to public option enrollees with household incomes not exceeding 400 percent of the federal poverty guidelines.

Subd. 8. Provider reimbursement. (a) The commissioner of human services shall require managed care plans and county-based purchasing plans to reimburse health care providers for services provided to MinnesotaCare public option enrollees at payment rates equal to or greater than the fee-for-service Medicare payment rate for the same service or for a similar service if the specific service is not reimbursed under Medicare.

(b) Minnesota Statutes, section 256L.11, subdivision 1, shall not apply to provider reimbursement for services delivered to MinnesotaCare public option enrollees.

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Subd. 9. Contracting and service delivery. (a) The commissioner of human services (1) shall contract with managed care and county-based purchasing plans for the delivery of services to public option enrollees, and (2) may use a procurement process that is separate and unique from that used to contract for the delivery of services to MinnesotaCare enrollees who are not public option enrollees.

(b) The commissioner of human services shall establish public option participation requirements for managed care and county-based purchasing plans and health care providers. Public option enrollees are not considered MinnesotaCare enrollees for the purpose of the participation requirement specified in Minnesota Statutes, section 256B.0644.

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

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 4, after the second semicolon, insert "requiring a request for a federal waiver to implement a public option;"

Page 1, line 7, delete "state"

Page 1, line 8, delete "government;'"

Correct the title numbers accordingly

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. 3276 and 4975 were read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Engen introduced:

H. F. No. 5452, A bill for an act relating to consumer protection; regulating the use of social media for minors ages 15 and younger; requiring anonymous age verification for websites harmful to minors; proposing coding for new law in Minnesota Statutes, chapter 325F.

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

Journal of the House - 112th Day - Monday, May 6, 2024 - Top of Page 15727

Scott, Neu Brindley, Johnson and Niska introduced:

H. F. No. 5453, A bill for an act relating to children; regulating traditional and gestational surrogacy arrangements; creating a crime to operate a for-profit surrogacy agency; proposing coding for new law in Minnesota Statutes, chapter 257.

The bill was read for the first time and referred to the Committee on Judiciary Finance and Civil Law.

Hornstein introduced:

H. F. No. 5454, A bill for an act relating to economic development; appropriating money for a live musical theater production grant program.

The bill was read for the first time and referred to the Committee on Economic Development Finance and Policy.

Pérez-Vega; Hussein; Pinto; Finke; Lee, K.; Xiong; Huot; Hollins and Wolgamott introduced:

H. F. No. 5455, A bill for an act relating to capital investment; appropriating money for improvements at CHS Field in the city of St. Paul; authorizing the sale and issuance of state bonds.

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

Frazier; Agbaje; Hussein; Clardy; Noor; Hollins; Hassan; Lee, K.; Gomez; Xiong; Sencer-Mura; Finke; Cha; Berg; Reyer; Hicks; Hill; Freiberg; Olson, L.; Edelson; Howard; Vang; Smith; Curran and Lee, F., introduced:

H. F. No. 5456, A bill for an act relating to state government; establishing the Minnesota Migration Act; appropriating money to study reparations for American descendants of chattel slavery; providing appointments; requiring reports.

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

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 Senate File, herewith transmitted:

S. F. No. 4699.

Thomas S. Bottern, Secretary of the Senate

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FIRST READING OF SENATE BILLS

S. F. No. 4699, A bill for an act relating to state government; modifying provisions governing health care, health insurance, health policy, emergency medical services, the Department of Health, the Department of Human Services, MNsure, health care workforce, health-related licensing boards, health care affordability and delivery, background studies, child protection and welfare, child care licensing, behavioral health, economic assistance, housing and homelessness, human services policy, the Minnesota Indian Family Preservation Act, and the Department of Children, Youth, and Families; establishing the Office of Emergency Medical Services; establishing the Minnesota African American Family Preservation and Child Welfare Disproportionality Act; making technical and conforming changes; requiring reports; imposing penalties; providing appointments; making forecast adjustments; appropriating money; amending Minnesota Statutes 2022, sections 16A.055, subdivision 1a, by adding a subdivision; 16A.103, by adding a subdivision; 62A.0411; 62A.15, subdivision 4, by adding a subdivision; 62A.28, subdivision 2; 62D.02, subdivisions 4, 7; 62D.03, subdivision 1; 62D.05, subdivision 1; 62D.06, subdivision 1; 62D.14, subdivision 1; 62D.19; 62D.20, subdivision 1; 62D.22, subdivision 5; 62E.02, subdivision 3; 62J.49, subdivision 1; 62J.61, subdivision 5; 62M.01, subdivision 3; 62Q.097, by adding a subdivision; 62Q.14; 62V.05, subdivision 12; 62V.08; 62V.11, subdivision 4; 103I.621, subdivisions 1, 2; 121A.15, subdivision 3, by adding a subdivision; 144.05, subdivision 6, by adding a subdivision; 144.058; 144.0724, subdivisions 2, 3a, 4, 6, 7, 8, 9, 11; 144.1464, subdivisions 1, 2, 3; 144.1501, subdivision 5; 144.1911, subdivision 2; 144.212, by adding a subdivision; 144.216, subdivision 2, by adding subdivisions; 144.218, by adding a subdivision; 144.292, subdivision 6; 144.293, subdivisions 2, 4, 9, 10; 144.493, by adding a subdivision; 144.494, subdivision 2; 144.551, subdivision 1; 144.555, subdivisions 1a, 1b, 2, by adding subdivisions; 144.605, by adding a subdivision; 144.99, subdivision 3; 144A.10, subdivisions 15, 16; 144A.471, by adding a subdivision; 144A.474, subdivision 13; 144A.61, subdivision 3a; 144A.70, subdivisions 3, 5, 6, 7; 144A.71, subdivision 2, by adding a subdivision; 144A.72, subdivision 1; 144A.73; 144E.001, subdivision 3a, by adding subdivisions; 144E.101, by adding a subdivision; 144E.16, subdivisions 5, 7; 144E.19, subdivision 3; 144E.27, subdivisions 3, 5, 6; 144E.28, subdivisions 3, 5, 6, 8; 144E.285, subdivisions 1, 2, 4, 6, by adding subdivisions; 144E.287; 144E.305, subdivision 3; 144G.08, subdivision 29; 144G.10, by adding a subdivision; 144G.16, subdivision 6; 146B.03, subdivision 7a; 146B.10, subdivisions 1, 3; 148.235, subdivision 10; 149A.02, subdivisions 3, 3b, 16, 23, 26a, 27, 35, 37c, by adding subdivisions; 149A.03; 149A.65; 149A.70, subdivisions 1, 2, 3, 5; 149A.71, subdivisions 2, 4; 149A.72, subdivisions 3, 9; 149A.73, subdivision 1; 149A.74, subdivision 1; 149A.93, subdivision 3; 149A.94, subdivisions 1, 3, 4; 149A.97, subdivision 2; 151.01, subdivisions 23, 27; 151.065, by adding subdivisions; 151.066, subdivisions 1, 2, 3; 151.212, by adding a subdivision; 151.37, by adding a subdivision; 151.74, subdivision 6; 152.22, subdivision 14, by adding a subdivision; 152.25, subdivision 2; 152.27, subdivisions 2, 6, by adding a subdivision; 176.175, subdivision 2; 214.025; 214.04, subdivision 2a; 214.29; 214.31; 214.355; 243.166, subdivision 7, as amended; 245.096; 245.462, subdivision 6; 245.4663, subdivision 2; 245A.04, subdivision 10, by adding a subdivision; 245A.043, subdivisions 2, 4, by adding subdivisions; 245A.07, subdivision 6; 245A.10, subdivisions 1, as amended, 2, as amended; 245A.14, subdivision 17; 245A.144; 245A.175; 245A.52, subdivision 2, by adding a subdivision; 245A.66, subdivision 2; 245C.05, subdivision 5; 245C.08, subdivision 4; 245C.10, subdivision 18; 245C.14, subdivision 1, by adding a subdivision; 245C.15, subdivisions 3, 4; 245C.22, subdivision 4; 245C.24, subdivisions 2, 5; 245C.30, by adding a subdivision; 245E.08; 245F.09, subdivision 2; 245F.14, by adding a subdivision; 245F.17; 245G.07, subdivision 4; 245G.08, subdivisions 5, 6; 245G.10, by adding a subdivision; 245G.22, subdivisions 6, 7; 245H.01, by adding subdivisions; 245H.08, subdivision 1; 245H.14, subdivisions 1, 4; 245I.02, subdivisions 17, 19; 245I.10, subdivision 9; 245I.11, subdivision 1, by adding a subdivision; 245I.20, subdivision 4; 245I.23, subdivision 14; 256.01, subdivision 41, by adding a subdivision; 256.029, as amended; 256.045, subdivisions 3b, as amended, 5, as amended, 7, as amended; 256.0451, subdivisions 1, as amended, 22, 24; 256.046, subdivision 2, as amended; 256.9657, subdivision 8, by adding a subdivision; 256.969, by adding subdivisions; 256B.056, subdivisions 1a, 10; 256B.0622, subdivisions 2a, 3a, 7a, 7d; 256B.0623, subdivision 5; 256B.0625, subdivisions 12, 20, 39, by adding subdivisions; 256B.0757, subdivisions 4a, 4d, by adding a subdivision; 256B.0943, subdivision 12; 256B.0947, subdivision 5; 256B.76, subdivision 6; 256B.795; 256I.04, subdivision 2f; 256J.08, subdivision 34a; 256J.28, subdivision 1; 256K.45, subdivision 2; 256N.22, subdivision 10; 256N.24, subdivision 10; 256N.26, subdivisions

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12, 13, 15, 16, 18, 21, 22; 256P.05, by adding a subdivision; 256R.02, subdivision 20; 259.20, subdivision 2; 259.37, subdivision 2; 259.52, subdivisions 2, 4; 259.53, by adding a subdivision; 259.79, subdivision 1; 259.83, subdivision 4; 260.755, subdivisions 2a, 5, 14, 17a, by adding subdivisions; 260.775; 260.785, subdivisions 1, 3; 260.810, subdivision 3; 260C.007, subdivisions 6, 26b; 260C.141, by adding a subdivision; 260C.178, subdivisions 1, as amended, 7; 260C.202; 260C.209, subdivision 1; 260C.212, subdivisions 1, 2; 260C.301, subdivision 1, as amended; 260C.329, subdivisions 3, 8; 260C.4411, by adding a subdivision; 260C.515, subdivision 4; 260C.607, subdivisions 1, 6; 260C.611; 260C.613, subdivision 1; 260C.615, subdivision 1; 260D.01; 260E.03, subdivision 23, as amended; 260E.30, subdivision 3, as amended; 260E.33, subdivision 2, as amended; 317A.811, subdivisions 1, 2, 4; 393.07, subdivision 10a; 518.17, by adding a subdivision; 519.05; 524.3-801, as amended; Minnesota Statutes 2023 Supplement, sections 13.46, subdivision 4, as amended; 15A.0815, subdivision 2; 43A.08, subdivision 1a; 62J.84, subdivision 10; 62Q.46, subdivision 1; 62Q.473, by adding subdivisions; 62Q.522, subdivision 1; 119B.011, subdivision 15; 119B.16, subdivisions 1a, 1c; 119B.161, subdivision 2; 124D.142, subdivision 2, as amended; 142A.03, by adding a subdivision; 144.0526, subdivision 1; 144.1501, subdivisions 1, 2, 3, 4; 144.1505, subdivision 2; 144.2252, subdivision 2; 144.2253; 144.587, subdivision 4; 144A.4791, subdivision 10; 144E.101, subdivisions 6, 7, as amended; 145.561, subdivision 4; 151.555, subdivisions 1, 4, 5, 6, 7, 8, 9, 11, 12; 151.74, subdivision 3; 152.126, subdivision 6; 152.28, subdivision 1; 245.4889, subdivision 1; 245A.02, subdivision 2c; 245A.03, subdivisions 2, as amended, 7, as amended; 245A.043, subdivision 3; 245A.07, subdivision 1, as amended; 245A.11, subdivision 7; 245A.16, subdivisions 1, as amended, 11; 245A.211, subdivision 4; 245A.242, subdivision 2; 245A.50, subdivisions 3, 4; 245A.66, subdivision 4, as amended; 245C.02, subdivisions 6a, 13e; 245C.033, subdivision 3; 245C.08, subdivision 1; 245C.10, subdivision 15; 245C.15, subdivisions 2, 4a; 245C.31, subdivision 1; 245G.22, subdivisions 2, 17; 245H.06, subdivisions 1, 2; 245H.08, subdivisions 4, 5; 254B.04, subdivision 1a; 256.01, subdivision 12b; 256.043, subdivisions 3, 3a; 256.045, subdivision 3, as amended; 256.046, subdivision 3; 256.0471, subdivision 1, as amended; 256.969, subdivision 2b; 256B.0622, subdivisions 7b, 8; 256B.0625, subdivisions 3a, 5m, 9, 13e, as amended, 13f, 13k, 16; 256B.064, subdivision 4; 256B.0671, subdivision 5; 256B.0701, subdivision 6; 256B.0947, subdivision 7; 256B.764; 256D.01, subdivision 1a; 256E.38, subdivision 4; 256I.05, subdivisions 1a, 11; 256L.03, subdivision 1; 256M.42, by adding a subdivision; 256P.06, subdivision 3; 259.83, subdivisions 1, 1b, 3a; 260.014, by adding a subdivision; 260.755, subdivisions 1a, 3, 3a, 5b, 20, 22; 260.758, subdivisions 2, 4, 5; 260.761; 260.762; 260.763, subdivisions 1, 4, 5; 260.765, subdivisions 2, 3a, 4b; 260.771, subdivisions 1a, 1b, 1c, 2b, 2d, 6, by adding a subdivision; 260.773, subdivisions 1, 2, 3, 4, 5, 10, 11; 260.774, subdivisions 1, 2, 3; 260.781, subdivision 1; 260.786, subdivision 2; 260.795, subdivision 1; 342.01, subdivision 63; 342.52, subdivision 3; 342.53; 342.54, subdivision 2; 342.55, subdivision 2; 518A.42, subdivision 3; Laws 1987, chapter 404, section 18, subdivision 1; Laws 2023, chapter 22, section 4, subdivision 2; Laws 2023, chapter 57, article 1, section 6; Laws 2023, chapter 70, article 1, section 35; article 11, section 13, subdivision 8; article 12, section 30, subdivisions 2, 3; article 14, section 42, subdivision 6; article 20, sections 2, subdivisions 5, 22, 24, 29, 31; 3, subdivision 2; 12, as amended; 23; Laws 2024, chapter 80, article 1, sections 38, subdivisions 1, 2, 5, 6, 7, 9; 96; article 2, sections 5, subdivision 21, by adding a subdivision; 6, subdivisions 2, 3, 3a, by adding a subdivision; 7, subdivision 2; 10, subdivisions 1, 6; 16, subdivision 1, by adding a subdivision; 30, subdivision 2; 31; 74; article 4, section 26; article 6, section 4; article 7, section 4; proposing coding for new law in Minnesota Statutes, chapters 62D; 62J; 62Q; 137; 142A; 144; 144A; 144E; 145; 149A; 151; 214; 245C; 245H; 256B; 259; 260; 260D; 260E; 524; proposing coding for new law as Minnesota Statutes, chapters 142B; 142F; 332C; repealing Minnesota Statutes 2022, sections 62A.041, subdivision 3; 144.218, subdivision 3; 144.497; 144E.001, subdivision 5; 144E.01; 144E.123, subdivision 5; 144E.27, subdivisions 1, 1a; 144E.50, subdivision 3; 245A.065; 245C.125; 256.01, subdivisions 12, 12a; 256B.79, subdivision 6; 256D.19, subdivisions 1, 2; 256D.20, subdivisions 1, 2, 3, 4; 256D.23, subdivisions 1, 2, 3; 256R.02, subdivision 46; 260.755, subdivision 13; Minnesota Statutes 2023 Supplement, sections 62J.312, subdivision 6; 62Q.522, subdivisions 3, 4; 144.0528, subdivision 5; 245C.08, subdivision 2; Laws 2023, chapter 25, section 190, subdivision 10; Laws 2024, chapter 80, article 1, sections 38, subdivisions 3, 4, 11; 39; 43, subdivision 2; article 2, sections 1, subdivision 11; 3, subdivision 3; 4, subdivision 4; 6, subdivision 4; 10, subdivision 4; 33; 69; article 7, sections 3; 9; Minnesota Rules, parts 9502.0425, subparts 5, 10; 9545.0805, subpart 1; 9545.0845; 9560.0232, subpart 5.

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

Journal of the House - 112th Day - Monday, May 6, 2024 - Top of Page 15730

CALENDAR FOR THE DAY

S. F. No. 5335 was reported to the House.

Baker moved to amend S. F. No. 5335, the unofficial engrossment, as follows:

Page 131, line 30, delete "1,656,000" and insert "1,156,000"

Page 131, line 32, delete "$1,656,000" and insert "$1,156,000"

Page 135, line 24, delete "(a)"

Page 136, line 10, after the period, insert "This is a onetime appropriation."

Page 136, delete lines 11 to 13

The motion prevailed and the amendment was adopted.

Baker moved to amend S. F. No. 5335, the unofficial engrossment, as amended, as follows:

Page 61, after line 14, insert:

"Sec. 14. Minnesota Statutes 2023 Supplement, section 256B.761, is amended to read:

256B.761 REIMBURSEMENT FOR MENTAL HEALTH SERVICES.

(a) Effective for services rendered on or after July 1, 2001, payment for medication management provided to psychiatric patients, outpatient mental health services, day treatment services, home-based mental health services, and family community support services shall be paid at the lower of (1) submitted charges, or (2) 75.6 percent of the 50th percentile of 1999 charges.

(b) Effective July 1, 2001, the medical assistance rates for outpatient mental health services provided by an entity that operates: (1) a Medicare-certified comprehensive outpatient rehabilitation facility; and (2) a facility that was certified prior to January 1, 1993, with at least 33 percent of the clients receiving rehabilitation services in the most recent calendar year who are medical assistance recipients, will be increased by 38 percent, when those services are provided within the comprehensive outpatient rehabilitation facility and provided to residents of nursing facilities owned by the entity.

(c) In addition to rate increases otherwise provided, the commissioner may restructure coverage policy and rates to improve access to adult rehabilitative mental health services under section 256B.0623 and related mental health support services under section 256B.021, subdivision 4, paragraph (f), clause (2). For state fiscal years 2015 and 2016, the projected state share of increased costs due to this paragraph is transferred from adult mental health grants under sections 245.4661 and 256E.12. The transfer for fiscal year 2016 is a permanent base adjustment for subsequent fiscal years. Payments made to managed care plans and county-based purchasing plans under sections 256B.69, 256B.692, and 256L.12 shall reflect the rate changes described in this paragraph.

Journal of the House - 112th Day - Monday, May 6, 2024 - Top of Page 15731

(d) Any ratables effective before July 1, 2015, do not apply to early intensive developmental and behavioral intervention (EIDBI) benefits described in section 256B.0949.

(e) Effective for services rendered on or after January 1, 2024, payment rates for behavioral health services included in the rate analysis required by Laws 2021, First Special Session chapter 7, article 17, section 18, except for adult day treatment services under section 256B.0671, subdivision 3; and early intensive developmental and behavioral intervention services under section 256B.0949~~; and substance use disorder services under chapter~~ ~~254B~~, must be increased by three percent from the rates in effect on December 31, 2023. Effective for services rendered on or after January 1, 2025, payment rates for behavioral health services included in the rate analysis required by Laws 2021, First Special Session chapter 7, article 17, section 18, except for adult day treatment services under section 256B.0671, subdivision 3; and early intensive developmental behavioral intervention services under section 256B.0949~~; and substance use disorder services under chapter~~ ~~254B~~, must be annually adjusted according to the change from the midpoint of the previous rate year to the midpoint of the rate year for which the rate is being determined using the Centers for Medicare and Medicaid Services Medicare Economic Index as forecasted in the fourth quarter of the calendar year before the rate year. For payments made in accordance with this paragraph, if and to the extent that the commissioner identifies that the state has received federal financial participation for behavioral health services in excess of the amount allowed under United States Code, title 42, section 447.321, the state shall repay the excess amount to the Centers for Medicare and Medicaid Services with state money and maintain the full payment rate under this paragraph. This paragraph does not apply to federally qualified health centers, rural health centers, Indian health services, certified community behavioral health clinics, cost-based rates, and rates that are negotiated with the county. This paragraph expires upon legislative implementation of the new rate methodology resulting from the rate analysis required by Laws 2021, First Special Session chapter 7, article 17, section 18.

(f) Effective January 1, 2024, the commissioner shall increase capitation payments made to managed care plans and county-based purchasing plans to reflect the behavioral health service rate increase provided in paragraph (e). Managed care and county-based purchasing plans must use the capitation rate increase provided under this paragraph to increase payment rates to behavioral health services providers. The commissioner must monitor the effect of this rate increase on enrollee access to behavioral health services. If for any contract year federal approval is not received for this paragraph, the commissioner must adjust the capitation rates paid to managed care plans and county-based purchasing plans for that contract year to reflect the removal of this provision. Contracts between managed care plans and county-based purchasing plans and providers to whom this paragraph applies must allow recovery of payments from those providers if capitation rates are adjusted in accordance with this paragraph. Payment recoveries must not exceed the amount equal to any increase in rates that results from this provision.

EFFECTIVE DATE. This section is effective July 1, 2024."

Page 129, line 10, delete "increased" and insert "decreased" and delete "$373,000" and insert "$1,875,000"

Page 129, line 11, delete "each year thereafter" and insert "decreased by $1,989,000 in fiscal year 2027"

Page 131, after line 28, insert:

"Subd. 8. Forecasted Programs; Behavioral Health Fund

-0-

898,000 "

Renumber the subdivisions in sequence

Journal of the House - 112th Day - Monday, May 6, 2024 - Top of Page 15732

Page 131, line 30, delete "1,656,000" and insert "762,000"

Page 131, line 32, delete "$1,656,000" and insert "$762,000"

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 Baker amendment and the roll was called. There were 125 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

ANNOUNCEMENT BY THE SPEAKER

Pursuant to Rule 1.15(c)

A message from the Senate has been received requesting concurrence by the House to amendments adopted by the Senate to the following House File:

H. F. No. 3204.

Long moved that the House recess subject to the call of the Chair. The motion prevailed.

RECESS

RECONVENED

The House reconvened and was called to order by Speaker pro tempore Her.

Journal of the House - 112th Day - Monday, May 6, 2024 - Top of Page 15748

MOTIONS AND RESOLUTIONS

TAKEN FROM THE TABLE

Long moved that H. F. No. 3431 be taken from the table. The motion prevailed.

H. F. No. 3431 was reported to the House.

Klevorn moved to amend H. F. No. 3431, the second engrossment, as follows:

Page 3, line 17, strike "This"

Page 3, strike lines 18 and 19

Page 8, line 15, delete "PHASE"

Page 8, line 16, delete "TWO"

Page 8, line 18, after "to" insert "implement,"

Page 8, line 19, delete ", phase two"

Page 8, after line 20, insert:

"Sec. 8. CAPITOL MALL DESIGN FRAMEWORK; USE OF 2023 APPROPRIATION.

(a) The commissioner of administration must expend the remaining amounts provided by the general fund appropriation for the Capitol Mall Design Framework in Laws 2023, chapter 62, article 1, section 11, subdivision 2, to implement, design, construct, install, and equip the elements outlined in the authorizing legislation for the framework, as follows:

(1) landscaping, trees, benches, lighting, security, and irrigation on the upper mall and the northern portion of the lower mall bordering Martin Luther King, Jr. Boulevard; and

(2) visual markers and welcome information for the Capitol campus, appropriately spaced for wayfinding of the major streets on the Capitol campus, anchoring a pathway to the State Capitol Building and Capitol Mall that features interpretive markers honoring the importance and stature of the Capitol campus as both a historic site and as a modern, active public gathering place for all visitors.

(b) After prioritizing the work identified in paragraph (a), clauses (1) and (2), any remaining balance of funds may be utilized to paint the Administration Building parking ramp and install new grates."

Page 39, delete line 25 and insert:

"EFFECTIVE DATE; EXPIRATION. This section is effective the day following final enactment and expires June 30, 2026."

Journal of the House - 112th Day - Monday, May 6, 2024 - Top of Page 15749

Page 46, delete lines 21 to 30 and insert:

"(c) Notwithstanding any other provision of law, no decision adopting or authorizing a comprehensive plan shall be subject to the requirements of chapter 116D. Nothing in this paragraph exempts individual projects, as defined by Minnesota Rules, part 4410.0200, subpart 65, from the requirements of chapter 116D and applicable rules.

EFFECTIVE DATE. This section is effective the day following final enactment and applies to all comprehensive plans and amendments adopted by any local governmental unit, as defined under section 473.852, subdivision 7, and authorized by the Metropolitan Council during the most recent decennial review under section 473.864."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

Howard moved to amend the Klevorn amendment to H. F. No. 3431, the second engrossment, as follows:

Page 2, after line 15, insert:

"Page 47, after line 8, insert:

"Sec. 4. COMPREHENSIVE PLANS; METROPOLITAN AREA CITIES OF THE FIRST CLASS.

Comprehensive plans adopted by cities of the first class in the metropolitan area, as defined under Minnesota Statutes, section 473.121, subdivision 2, and authorized by the Metropolitan Council for the most recent decennial review under Minnesota Statutes, section 473.864, shall not constitute conduct that causes or is likely to cause pollution, impairment, or destruction as defined under Minnesota Statutes, section 116B.02, subdivision 5.

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

The motion prevailed and the amendment to the amendment was adopted.

The question recurred on the Klevorn amendment, as amended, to H. F. No. 3431, the second engrossment. The motion prevailed and the amendment, as amended, was adopted.

Nash moved to amend H. F. No. 3431, the second engrossment, as amended, as follows:

Page 46, after line 30, insert:

"Sec. 3. Laws 1992, chapter 534, section 7, subdivision 1, is amended to read:

Subdivision 1. Governing board. The hospital district shall be governed by a board of directors of ~~at least nine and not more than 12~~ six voting members, elected as provided in subdivision 2. All members of the hospital board at the time the hospital district is organized shall continue in office until the members of the first board of the hospital district are elected and qualify. The hospital district may change the number of board members through adoption and amendment of bylaws under section 10, subdivision 5.

EFFECTIVE DATE. This section is effective the day after the governing bodies of Swift County and the city of Benson and their respective chief clerical officers timely complete their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3.

Journal of the House - 112th Day - Monday, May 6, 2024 - Top of Page 15750

Sec. 4. Laws 1992, chapter 534, section 7, subdivision 2, is amended to read:

Subd. 2. Election. ~~Three~~ Two directors shall be elected by the city council and ~~six~~ four directors shall be elected by the county board, unless otherwise provided in the bylaws under section 10, subdivision 5. ~~Up to three~~ Additional voting members and additional nonvoting members may be provided for in bylaws adopted pursuant to section 5 10, subdivision 5. As nearly as possible, one-third of the members of the first board of directors shall be elected for a term to expire one year from the next December 31 following that election, one-third for a term to expire two years from that date, and one-third for a term to expire three years from that date. Each of the political subdivisions electing directors shall assign terms of office to each director according to these staggered terms. Successors to the first board members shall each be elected for terms of three years, and all members shall hold office until their successors are elected and qualify. Terms of office shall expire on December 31. In case of vacancy on the board of directors, whether due to death, removal from the district, inability to serve, resignation, removal by the entity that elected the director, or other cause, the majority of the governing body of the entity that elected the director whose position is vacant shall elect a director to fill such vacancy for the then unexpired term.

Sec. 5. Laws 1992, chapter 534, section 7, subdivision 3, is amended to read:

Subd. 3. Compensation. The members of the board of directors may receive compensation for their services as such and may be reimbursed for reasonable expenses necessarily incurred in the performance of their duties to the extent provided for in bylaws adopted pursuant to section 5 10, subdivision 5.

Sec. 6. Laws 1992, chapter 534, section 8, subdivision 2, is amended to read:

Subd. 2. Duties. The officers shall have the duties specified in this subdivision and additional duties as set forth in bylaws adopted in accordance with section 5 10, subdivision 5. The chair shall preside at all meetings of the board of directors and shall perform all duties usually incumbent upon such an officer. The vice-chair shall preside in the absence of the chair. The secretary shall record the minutes of all meetings of the board and be the custodian of all books and records of the district. The treasurer shall be the custodian of money received by the district and shall see that they are properly accounted for. The board may appoint deputies who shall perform any functions and duties of any officer, subject to the supervision and control of the officer.

Sec. 7. Laws 1992, chapter 534, section 10, subdivision 4, is amended to read:

Subd. 4. Approval for sale or lease. Nothing contained in this section 5 shall be construed to authorize the district or its board of directors to at any time sell, lease, or otherwise transfer the management, control or operation of the hospital, including nursing home or other facilities, except upon approval by a majority vote of the county board and the city council.

Journal of the House - 112th Day - Monday, May 6, 2024 - Top of Page 15751

Sec. 8. Laws 1992, chapter 534, section 16, is amended to read:

Sec. 16. LEASE OF FACILITIES TO NONPROFIT OR PUBLIC CORPORATION.

Subject to section 5 10, subdivision 4, the hospital district may lease hospital, nursing home, or other facilities to be run by a nonprofit or public corporation as community facilities. The facilities must be open to all residents of the community on equal terms. The district may lease related medical facilities to any person, firm, association, or corporation, at rent and on conditions agreed. The term of the lease must not exceed 30 years. The lessee may be granted an option to renew the lease for an additional term or to purchase the facilities. The terms of renewal or purchase must be provided for in the lease. The hospital district may by resolution of its governing body agree to pay to the lessee annually, and to include in each annual budget for hospital and nursing home purposes, a fixed compensation for services agreed to be performed by the lessee in running the hospital, nursing home, or other facilities as a community facility; for any investment by the lessee of its own funds or funds granted or contributed to it in the construction or equipment of the hospital, nursing home, or other facilities; and for any auxiliary services to be provided or made available by the lessee through other facilities owned or operated by it. Services other than those provided for in the lease agreement may be compensated at rates agreed upon later. The lease agreement must, however, require the lessee to pay a net rental not less than the amount required to pay the principal and interest when due on all revenue bonds issued by the hospital district to acquire, improve, and refinance the leased facilities, and to maintain the agreed revenue bond reserve. The lease agreement must not grant the lessee an option to purchase the facilities at a price less than the amount of the bonds issued and interest accrued on them, except bonds and accrued interest paid from the net rentals before the option is exercised.

To the extent that the facilities are leased under this section for use by persons in private medical or dental or similar practice or other private business, a tax on that use must be imposed just as though the user were the owner of the space. It must be collected as provided in Minnesota Statutes, section 272.01, subdivision 2.

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Harder moved to amend H. F. No. 3431, the second engrossment, as amended, as follows:

Page 44, after line 23, insert:

"Section 1. Minnesota Statutes 2022, section 331A.10, is amended by adding a subdivision to read:

Subd. 3. Alternative to publishing. (a) Notwithstanding any law to the contrary, when a qualified newspaper designated by a political subdivision ceases to exist for any reason except consolidation with another newspaper, the political subdivision may publish its proceedings on the political subdivision's website instead of publishing them in a newspaper. This subdivision expires August 1, 2026.

Journal of the House - 112th Day - Monday, May 6, 2024 - Top of Page 15752

(b) If, before August 1, 2026, there is a newspaper located within a political subdivision's boundaries that is qualified to be designated as the political subdivision's official newspaper pursuant to section 331A.04, then the exemption provided in this subdivision shall not apply, provided the qualified newspaper's legal rate is not more than ten percent above the rate charged by the political subdivision's previous official newspaper, and the qualified newspaper provides some coverage of the activities of the political subdivision that is publishing the notice.

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

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Scott moved to amend H. F. No. 3431, the second engrossment, as amended, as follows:

Page 46, delete section 2

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.

Johnson moved to amend H. F. No. 3431, the second engrossment, as amended, as follows:

Page 11, after line 22, insert:

"Sec. 5. Minnesota Statutes 2022, section 14.126, is amended to read:

14.126 COMMITTEE AUTHORITY OVER RULE ADOPTION.

Subdivision 1. ~~Delay~~ Approval action. If the standing committee of the house of representatives and the standing committee of the senate with jurisdiction over the subject matter of a proposed rule both vote to advise an agency that a proposed rule should not be adopted as proposed, the agency may not adopt the rule until the legislature adjourns the annual legislative session that began after the vote of the committees. An agency may not publish a notice of adoption in the State Register until the standing committee of the house of representatives and the standing committee of the senate with jurisdiction over the subject matter of the proposed rule has voted to approve its adoption. The speaker of the house and the president of the senate shall determine if a standing committee has jurisdiction over a rule before a committee may act under this section.

Subd. 2. Vote. A committee vote under this section must be by a majority of the committee. The vote may occur any time after the publication of the rulemaking notice under section 14.14, subdivision 1a, 14.22, 14.389, subdivision 2, or 14.3895, subdivision 3~~, and before notice of adoption is published in the State Register under section 14.18, 14.27, 14.389, subdivision 3, or 14.3895, subdivision 3~~. A committee voting under this section shall notify the agency, the revisor of statutes, and the chief administrative law judge of the vote as soon as possible. The committee shall publish notice of the vote in the State Register as soon as possible.

EFFECTIVE DATE. This section is effective the day following final enactment and applies to rules for which a notice of adoption must be published on or after that date."

Journal of the House - 112th Day - Monday, May 6, 2024 - Top of Page 15753

Page 11, after line 28, insert:

"Sec. 6. Minnesota Statutes 2022, section 14.18, subdivision 1, is amended to read:

Subdivision 1. Generally. A rule is effective after it has been subjected to all requirements described in sections 14.126 and 14.131 to 14.20, and five working days after the notice of adoption is published in the State Register unless a later date is required by ~~section 14.126 or~~ other law or specified in the rule. If the rule adopted is the same as the proposed rule, publication may be made by publishing notice in the State Register that the rule has been adopted as proposed and by citing the prior publication. If the rule adopted differs from the proposed rule, the portions of the adopted rule that differ from the proposed rule must be included in the notice of adoption together with a citation to the prior State Register publication of the remainder of the proposed rule. The nature of the modifications must be clear to a reasonable person when the notice of adoption is considered together with the State Register publication of the proposed rule, except that modifications may also be made that comply with the form requirements of section 14.07, subdivision 7.

If the agency omitted from the notice of proposed rule adoption the text of the proposed rule, as permitted by section 14.14, subdivision 1a, paragraph (b), the chief administrative law judge may provide that the notice of the adopted rule need not include the text of any changes from the proposed rule. However, the notice of adoption must state in detail the substance of the changes made from the proposed rule, and must state that a free copy of the portion of the adopted rule that was the subject of the rulemaking proceeding, not including any material adopted by reference as permitted by section 14.07, is available upon request to the agency.

EFFECTIVE DATE. This section is effective the day following final enactment and applies to rules for which a notice of adoption must be published on or after that date.

Sec. 7. Minnesota Statutes 2022, section 14.19, is amended to read:

14.19 DEADLINE TO COMPLETE RULEMAKING.

Within 180 days after issuance of the administrative law judge's report or that of the chief administrative law judge, the agency shall submit its notice of adoption, amendment, or repeal to the State Register for publication. If the agency has not submitted its notice to the State Register within 180 days, the rule is automatically withdrawn. The agency may not adopt the withdrawn rules without again following the procedures of sections 14.05 to 14.28, with the exception of section 14.101, if the noncompliance is approved by the chief administrative law judge. The agency shall report to the Legislative Coordinating Commission, other appropriate committees of the legislature, and the governor its failure to adopt rules and the reasons for that failure. The 180-day time limit of this section does not include:

(1) any days used for review by the chief administrative law judge or the commission if the review is required by law; or

~~(2) days during which the rule cannot be adopted, because of votes by legislative committees under section 14.126; or~~

~~(3)~~ (2) days during which the rule cannot be adopted because approval of the legislature is required under section 14.127.

EFFECTIVE DATE. This section is effective the day following final enactment and applies to rules for which a notice of adoption must be published on or after that date."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

Journal of the House - 112th Day - Monday, May 6, 2024 - Top of Page 15754

A roll call was requested and properly seconded.

The question was taken on the Johnson amendment and the roll was called. There were 60 yeas and 69 nays as follows:

Those who voted in the affirmative were:

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

ANNOUNCEMENT BY THE SPEAKER

Pursuant to Rule 1.15(c)

A message from the Senate has been received requesting concurrence by the House to amendments adopted by the Senate to the following House File:

H. F. No. 5040.

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, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:

H. F. No. 4124, A bill for an act relating to state government; appropriating money from the outdoor heritage fund, clean water fund, parks and trails fund, and arts and cultural heritage fund; modifying and extending prior appropriations; amending Laws 2023, chapter 40, article 3, sections 2, subdivision 1; 3; 4.

Thomas S. Bottern, Secretary of the Senate

Journal of the House - 112th Day - Monday, May 6, 2024 - Top of Page 15767

Lillie moved that the House refuse to concur in the Senate amendments to H. F. No. 4124, that the Speaker appoint a Conference Committee of 3 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.

Madam Speaker:

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

S. F. No. 4942.

Thomas S. Bottern, Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 4942, A bill for an act relating to state government; authorizing supplemental agriculture appropriations; providing broadband appropriation transfer authority; making policy and technical changes to agriculture provisions; establishing and modifying agriculture programs; requiring an application for federal broadband aid; modifying appropriations to the Office of Cannabis Management and the Department of Health; modifying fees assessed by the Department of Commerce; adding the Minnesota Consumer Data Privacy Act; adding and modifying consumer protection provisions; appropriating money for energy, utilities, environment, and climate; requiring utilities to accept an individual taxpayer identification number when new customers apply for utility service; allowing public utilities providing electric service to propose goals for fuel-switching improvement achievements to the commissioner of commerce; modifying the commercial property assessed clean energy program; making technical changes to various provisions governing or administered by the Department of Commerce; requiring reports; appropriating money; amending Minnesota Statutes 2022, sections 17.116, subdivision 2; 17.133, subdivision 1; 18C.70, subdivision 5; 18C.71, subdivision 4; 18C.80, subdivision 2; 28A.10; 31.94; 32D.30; 41B.047, subdivision 1; 45.0135, subdivision 7; 62Q.73, subdivision 3; 116J.396, by adding a subdivision; 216B.098, by adding a subdivision; 216B.16, subdivisions 6c, 8; 216B.2402, subdivision 10, by adding a subdivision; 216B.2403, subdivisions 2, 3, 5, 8; 216B.241, subdivisions 2, 11, 12; 216B.243, subdivision 3b; 216C.10; 216C.435, subdivisions 3a, 3b, 4, 10, by adding subdivisions; 216C.436, subdivisions 1, 4, 7, 8, 10; 325E.21, by adding a subdivision; Minnesota Statutes 2023 Supplement, sections 17.055, subdivision 3; 17.133, subdivision 3; 18C.425, subdivision 6; 35.155, subdivision 12; 41B.0391, subdivisions 1, 2, 4, 6; 116C.779, subdivision 1; 144.197; 216B.1691, subdivision 1; 216C.08; 216C.09; 216C.435, subdivision 8; 216C.436, subdivisions 1b, 2; 325E.21, subdivision 1b; 342.72; Laws 2023, chapter 43, article 1, section 2, subdivisions 1, 2, 3, 4, 5; Laws 2023, chapter 63, article 9, sections 5; 10; 15, subdivision 4; 20; proposing coding for new law in Minnesota Statutes, chapters 13; 58B; 62J; 216B; 216C; proposing coding for new law as Minnesota Statutes, chapter 325O; repealing Minnesota Statutes 2022, section 34.07.

The bill was read for the first time.

Acomb moved that S. F. No. 4942 and H. F. No. 4975, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

ANNOUNCEMENT BY THE SPEAKER

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 4124:

Lillie; Lee, K., and Backer.

Journal of the House - 112th Day - Monday, May 6, 2024 - Top of Page 15768

MOTIONS AND RESOLUTIONS

Agbaje moved that the names of Edelson and Hudson be added as authors on H. F. No. 912. The motion prevailed.

Bierman moved that the name of Witte be added as an author on H. F. No. 4385. The motion prevailed.

Feist moved that the name of Bahner be added as an author on H. F. No. 4822. The motion prevailed.

Acomb moved that the names of Stephenson, Kraft and Vang be added as authors on H. F. No. 4975. The motion prevailed.

Lislegard moved that the name of Skraba be added as an author on H. F. No. 4991. The motion prevailed.

Lislegard moved that the name of Skraba be added as an author on H. F. No. 5198. The motion prevailed.

Wolgamott moved that the names of Perryman, Knudsen, Dotseth and Myers be added as authors on H. F. No. 5374. The motion prevailed.

Jordan moved that the name of Jordan be stricken as an author on H. F. No. 5442. The motion prevailed.

Liebling moved that the name of Smith be added as an author on H. F. No. 5442. The motion prevailed.

Engen moved that the name of Skraba be added as an author on H. F. No. 5448. The motion prevailed.

Backer moved that the name of Skraba be added as an author on H. F. No. 5449. The motion prevailed.

ADJOURNMENT

Long moved that when the House adjourns today it adjourn until 11:00 a.m., Tuesday, May 7, 2024. The motion prevailed.

Long moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 11:00 a.m., Tuesday, May 7, 2024.

Patrick D. Murphy, Chief Clerk, House of Representatives