STATE OF
MINNESOTA
NINETY-FIRST
SESSION - 2019
_____________________
FORTIETH
DAY
Saint Paul, Minnesota, Wednesday, April 24, 2019
The House of Representatives convened at 9:00
a.m. and was called to order by Liz Olson, Speaker pro tempore.
Prayer was offered by the Reverend John
Straiton, St. Andrew's Lutheran Church, Mahtomedi, Minnesota.
The members of the House gave the pledge
of allegiance to the flag of the United States of America.
The roll was called and the following
members were present:
Acomb
Albright
Anderson
Backer
Bahner
Bahr
Baker
Becker-Finn
Bennett
Bernardy
Bierman
Boe
Brand
Cantrell
Carlson, A.
Carlson, L.
Christensen
Claflin
Considine
Daniels
Daudt
Davids
Davnie
Dehn
Demuth
Dettmer
Drazkowski
Ecklund
Edelson
Elkins
Erickson
Fabian
Fischer
Freiberg
Garofalo
Gomez
Green
Grossell
Gruenhagen
Gunther
Haley
Halverson
Hamilton
Hansen
Hausman
Heinrich
Heintzeman
Her
Hertaus
Hornstein
Howard
Huot
Johnson
Jurgens
Kiel
Klevorn
Koegel
Kotyza-Witthuhn
Kresha
Kunesh-Podein
Layman
Lee
Lesch
Liebling
Lien
Lillie
Lippert
Lislegard
Loeffler
Long
Lucero
Lueck
Mahoney
Mann
Mariani
Marquart
Masin
McDonald
Mekeland
Miller
Moller
Moran
Morrison
Munson
Murphy
Nash
Nelson, M.
Nelson, N.
Neu
Noor
Nornes
O'Driscoll
Olson
O'Neill
Persell
Petersburg
Pinto
Poppe
Poston
Pryor
Quam
Richardson
Robbins
Sandell
Sandstede
Sauke
Schomacker
Schultz
Scott
Stephenson
Sundin
Swedzinski
Tabke
Theis
Torkelson
Urdahl
Vang
Vogel
Wagenius
Wazlawik
West
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Zerwas
Spk. Hortman
A quorum was present.
Pierson was excused.
Franson was excused until 9:45 a.m. Koznick and Runbeck were excused until 9:50
a.m. Pelowski was excused until 10:20
a.m. Hassan was excused until 11:20 a.m.
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.
REPORTS OF CHIEF CLERK
S. F. No. 2226 and
H. F. No. 2200, which had been referred to the Chief Clerk for
comparison, were examined and found to be not identical.
Poppe moved that
S. F. No. 2226 be substituted for H. F. No. 2200
and that the House File be indefinitely postponed. The motion prevailed.
SECOND READING OF SENATE BILLS
S. F. No. 2226 was read for
the second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The
following House File was introduced:
Miller, Munson and Bahr introduced:
H. F. No. 2851, A bill for an act relating to human services; modifying child care programs that are excluded from licensure; amending Minnesota Statutes 2018, section 245A.03, subdivision 2.
The bill was read for the first time and referred to the Early Childhood Finance and Policy Division.
CALENDAR FOR THE DAY
TAKEN FROM
TABLE
Winkler moved that
H. F. No. 2208, the second engrossment, as amended, be taken
from the table. The motion prevailed.
H. F. No. 2208, the second
engrossment, as amended, was again reported to the House.
The Speaker assumed the Chair.
The Drazkowski amendment to H. F. No. 2208, the second engrossment, as amended, was again reported to the House and reads as follows:
Page 7, delete lines 1 to 18
Reletter the paragraphs in sequence
Page 31, delete lines 9 and 10
Reletter the paragraphs in sequence
Page 242, delete article 26
Renumber the articles in sequence
Adjust amounts accordingly
Amend the title accordingly
The
motion did not prevail and the amendment was not adopted.
Drazkowski moved to amend H. F. No. 2208, the second engrossment, as amended, as follows:
Page 2, delete article 1 and insert:
"ARTICLE 1
APPROPRIATIONS
Section 1.
APPROPRIATION.
The amounts necessary to operate those functions associated with operation of the Department of Employment and Economic Development, Department of Labor and Industry, Workers' Compensation Court of Appeals, Bureau of Mediation Services, and Department of Commerce at a level of base funding reduced by one percent are appropriated for the next biennium from the general fund to the commissioner of management and budget. As necessary, the commissioner may transfer a portion of this appropriation to other state agencies to support carrying out these functions. This appropriation shall supersede and replace the funding authorized in this act."
The
motion did not prevail and the amendment was not adopted.
Munson moved to amend H. F. No. 2208, the second engrossment, as amended, as follows:
Page 167, delete section 1
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.
Munson moved to amend H. F. No. 2208, the second engrossment, as amended, as follows:
Page 167, line 17, delete "by wire or radio"
Page 167, line 31, after the period, insert "Internet service provider does not include a business that provides wireless service, as defined under section 237.162, subdivision 15."
The
motion did not prevail and the amendment was not adopted.
Quam moved to amend H. F. No. 2208, the second engrossment, as amended, as follows:
Page 168, line 14, after the second comma, insert "or allow censorship or unequal treatment of political advertisements,"
Page 184, line 22, after the second comma, insert "or allow censorship or unequal treatment of political advertisements,"
The
motion did not prevail and the amendment was not adopted.
Kresha moved to amend H. F. No. 2208, the second engrossment, as amended, as follows:
Page 175, line 6, delete "ADVOCATE" and insert "OMBUDSPERSON"
Page 175, line 7, delete "advocate" and insert "ombudsperson"
Page 175, line 8, delete "advocate" and insert "ombudsperson"
Page 175, line 10, delete "advocate" and insert "ombudsperson"
Page 175, line 25, delete "advocate" and insert "ombudsperson"
Page 175, line 28, delete "advocate" and insert "ombudsperson"
Page 176, line 1, delete "advocate" and insert "ombudsperson"
Page 176, line 10, delete "advocate" and insert "ombudsperson"
Page 176, line 12, delete "advocate's" and insert "ombudsperson's"
Page 176, line 13, delete "advocate" and insert "ombudsperson"
Page 182, line 6, delete "advocate" and insert "ombudsperson"
Page 182, line 8, delete "advocate" and insert "ombudsperson" and delete "advocate" and insert "ombudsperson"
Page 182, line 12, delete "advocate" and insert "ombudsperson" and delete "advocate" and insert "ombudsperson"
The
motion did not prevail and the amendment was not adopted.
Nash offered an amendment to
H. F. No. 2208, the second engrossment, as amended.
POINT OF
ORDER
Becker-Finn raised a point of order
pursuant to rule 3.21(a) that the Nash amendment was not in order. The Speaker ruled the point of order well
taken and the Nash amendment out of order.
Nash moved to amend H. F. No. 2208, the second engrossment, as amended, as follows:
Page 71, after line 13, insert:
"Sec. 31. PAID
FAMILY AND MEDICAL BENEFITS IT SYSTEM VENDOR.
(a) Notwithstanding anything to the
contrary, the commissioner of employment and economic development must contract
with a vendor with the experience described in paragraph (b) for the purposes
of building any new information technology system required for the paid family
and medical benefit program under Minnesota Statutes, chapter 268B.
(b) The vendor must have successfully built an information technology system for the purposes of providing both public paid family and medical benefits that is fully operational as of the date of enactment of this bill and that was built as a new system, rather than expanding upon an earlier built system."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
Halverson moved to amend the Nash amendment to H. F. No. 2208, the second engrossment, as amended, as follows:
Page 1, line 4, delete "(a)"
Page 1, line 5, delete "must" and insert "may" and delete "with the experience described in"
Page 1, line 6, delete "paragraph (b)" and after "new" insert "or expanding upon any earlier built"
Page 1, delete lines 8 to 11
A roll call was requested and properly
seconded.
The question was taken on the Halverson
amendment to the Nash amendment and the roll was called. There were 73 yeas and 58 nays as follows:
Those who voted in the affirmative were:
Acomb
Bahner
Becker-Finn
Bernardy
Bierman
Brand
Cantrell
Carlson, A.
Carlson, L.
Christensen
Claflin
Considine
Davnie
Dehn
Ecklund
Edelson
Elkins
Fischer
Freiberg
Gomez
Halverson
Hansen
Hausman
Her
Hornstein
Howard
Huot
Klevorn
Koegel
Kotyza-Witthuhn
Kunesh-Podein
Lee
Lesch
Liebling
Lien
Lillie
Lippert
Lislegard
Loeffler
Long
Mahoney
Mann
Mariani
Marquart
Masin
Moller
Moran
Morrison
Murphy
Nelson, M.
Noor
Olson
Persell
Pinto
Poppe
Pryor
Richardson
Sandell
Sandstede
Sauke
Schultz
Stephenson
Sundin
Tabke
Vang
Wagenius
Wazlawik
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
Those who voted in the negative were:
Albright
Anderson
Backer
Bahr
Baker
Bennett
Boe
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Fabian
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Johnson
Jurgens
Kiel
Koznick
Kresha
Layman
Lucero
Lueck
McDonald
Mekeland
Miller
Munson
Nash
Nelson, N.
Neu
Nornes
O'Driscoll
O'Neill
Petersburg
Poston
Quam
Robbins
Runbeck
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
Vogel
West
Zerwas
The motion prevailed
and the amendment to the amendment was adopted.
The Speaker called Olson to the Chair.
The question recurred on the Nash
amendment, as amended, and the roll was called.
There were 5 yeas and 125 nays as follows:
Those who voted in the affirmative were:
Bahr
Drazkowski
Miller
Munson
Runbeck
Those who voted in the negative were:
Acomb
Albright
Anderson
Backer
Bahner
Baker
Becker-Finn
Bennett
Bernardy
Bierman
Boe
Brand
Cantrell
Carlson, A.
Carlson, L.
Christensen
Claflin
Considine
Daniels
Daudt
Davids
Davnie
Dehn
Demuth
Dettmer
Ecklund
Edelson
Elkins
Erickson
Fabian
Fischer
Franson
Freiberg
Garofalo
Gomez
Green
Grossell
Gruenhagen
Gunther
Haley
Halverson
Hamilton
Hansen
Hausman
Heinrich
Heintzeman
Her
Hertaus
Hornstein
Howard
Huot
Johnson
Jurgens
Kiel
Klevorn
Koegel
Koznick
Kresha
Kunesh-Podein
Layman
Lee
Lesch
Liebling
Lien
Lillie
Lippert
Lislegard
Loeffler
Long
Lucero
Lueck
Mahoney
Mann
Mariani
Marquart
Masin
McDonald
Mekeland
Moller
Moran
Morrison
Murphy
Nash
Nelson, M.
Nelson, N.
Neu
Noor
Nornes
O'Driscoll
Olson
O'Neill
Pelowski
Persell
Petersburg
Poppe
Poston
Pryor
Quam
Richardson
Robbins
Sandell
Sandstede
Sauke
Schomacker
Schultz
Scott
Stephenson
Sundin
Swedzinski
Tabke
Theis
Torkelson
Urdahl
Vang
Vogel
Wagenius
Wazlawik
West
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Zerwas
Spk. Hortman
The motion did
not prevail and the amendment, as amended, was not adopted.
Kresha moved to amend H. F. No. 2208, the second engrossment, as amended, as follows:
Page 61, line 29, before "Notwithstanding" insert "(a)"
Page 62, after line 4, insert:
"(b) Notwithstanding anything to the contrary, an employer may deduct up to 50 percent of annual premiums paid under this section from the wages of an employee subject to a collective bargaining agreement. Such deductions for any given employee must be in equal proportion to the premiums paid based on the wages of that employee, and all employees of such an employer must be subject to the same percentage deduction."
The motion did
not prevail and the amendment was not adopted.
Nash offered an amendment to
H. F. No. 2208, the second engrossment, as amended.
POINT OF ORDER
Becker-Finn raised a point of order
pursuant to rule 3.21(a) that the Nash amendment was not in order. Speaker pro tempore Olson ruled the point of
order well taken and the Nash amendment out of order.
Daudt appealed the decision of Speaker pro
tempore Olson.
A roll call was requested and properly
seconded.
The vote was taken on the question
"Shall the decision of Speaker pro tempore Olson stand as the judgment of
the House?" and the roll was called.
There were 74 yeas and 58 nays as follows:
Those who voted in the affirmative were:
Acomb
Bahner
Becker-Finn
Bernardy
Bierman
Brand
Cantrell
Carlson, A.
Carlson, L.
Christensen
Claflin
Considine
Davnie
Dehn
Ecklund
Edelson
Elkins
Fischer
Freiberg
Gomez
Halverson
Hansen
Hausman
Her
Hornstein
Howard
Huot
Klevorn
Koegel
Kotyza-Witthuhn
Kunesh-Podein
Lee
Lesch
Liebling
Lien
Lillie
Lippert
Lislegard
Loeffler
Long
Mahoney
Mann
Mariani
Marquart
Masin
Moller
Moran
Morrison
Murphy
Nelson, M.
Noor
Olson
Pelowski
Persell
Pinto
Poppe
Pryor
Richardson
Sandell
Sandstede
Sauke
Schultz
Stephenson
Sundin
Tabke
Vang
Wagenius
Wazlawik
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
Those who voted in the negative were:
Albright
Anderson
Backer
Bahr
Baker
Bennett
Boe
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Fabian
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Johnson
Jurgens
Kiel
Koznick
Kresha
Layman
Lucero
Lueck
McDonald
Mekeland
Miller
Munson
Nash
Nelson, N.
Neu
Nornes
O'Driscoll
O'Neill
Petersburg
Poston
Quam
Robbins
Runbeck
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
Vogel
West
Zerwas
So it was the judgment of the House that
the decision of Speaker pro tempore Olson should stand.
Nash offered an amendment to
H. F. No. 2208, the second engrossment, as amended.
POINT OF
ORDER
Becker-Finn raised a point of order
pursuant to rule 3.21(a) that the Nash amendment was not in order. Speaker pro tempore Olson ruled the point of
order well taken and the Nash amendment out of order.
Dettmer moved to amend H. F. No. 2208, the second engrossment, as amended, as follows:
Page 28, line 11, after "(h)" insert "(1)"
Page 28, after line 27, insert:
"(2) Construction Careers Foundation must report to the commissioner and the chairs and ranking minority members of the house of representatives and senate committees overseeing labor and industry policy and finance and veterans affairs policy and finance by January 15 of each year on the Helmets to Hardhats program. The report must include an overview of the program's budget, a detailed explanation of program expenditures, the number of veterans and service members served by the program, a list and explanation of the services provided to program participants, details of the positions program participants assumed, the number of participants placed in union jobs, and the number of participants placed in nonunion jobs."
The
motion did not prevail and the amendment was not adopted.
The Speaker resumed the Chair.
Grossell was excused between the hours of
11:25 a.m. and 2:00 p.m.
Garofalo moved to amend H. F. No. 2208, the second engrossment, as amended, as follows:
Page 148, after line 8, insert:
"Sec. 6. Minnesota Statutes 2018, section 177.23, subdivision 7, is amended to read:
Subd. 7. Employee. "Employee" means any individual employed by an employer but does not include:
(1) two or fewer specified individuals employed at any given time in agriculture on a farming unit or operation who are paid a salary;
(2) any individual employed in agriculture on a farming unit or operation who is paid a salary greater than the individual would be paid if the individual worked 48 hours at the state minimum wage plus 17 hours at 1-1/2 times the state minimum wage per week;
(3) an individual under 18 who is employed in agriculture on a farm to perform services other than corn detasseling or hand field work when one or both of that minor hand field worker's parents or physical custodians are also hand field workers;
(4) for purposes of section 177.24, an individual under 18 who is employed as a corn detasseler;
(5) any staff member employed on a seasonal basis by an organization for work in an organized resident or day camp operating under a permit issued under section 144.72;
(6) any individual employed in a bona fide executive, administrative, or professional capacity, or a salesperson who conducts no more than 20 percent of sales on the premises of the employer;
(7) any individual who renders service gratuitously for a nonprofit organization;
(8) any individual who serves as an elected official for a political subdivision or who serves on any governmental board, commission, committee or other similar body, or who renders service gratuitously for a political subdivision;
(9) any individual employed by a political subdivision to provide police or fire protection services or employed by an entity whose principal purpose is to provide police or fire protection services to a political subdivision;
(10) any individual employed by a political subdivision who is ineligible for membership in the Public Employees Retirement Association under section 353.01, subdivision 2b, clause (1), (2), (4), or (9), item (i);
(11) any driver employed by an employer engaged in the business of operating taxicabs;
(12) any individual engaged in babysitting as a sole practitioner;
(13) for the purpose of section 177.25, any individual employed on a seasonal basis in a carnival, circus, fair, or ski facility;
(14) any individual under 18 working less than 20 hours per workweek for a municipality as part of a recreational program;
(15) any individual employed by the state as a natural resource manager 1, 2, or 3 (conservation officer);
(16) any individual in a position for which the United States Department of Transportation has power to establish qualifications and maximum hours of service under United States Code, title 49, section 31502;
(17) any individual employed as a seafarer. The term "seafarer" means a master of a vessel or any person subject to the authority, direction, and control of the master who is exempt from federal overtime standards under United States Code, title 29, section 213(b)(6), including but not limited to pilots, sailors, engineers, radio operators, firefighters, security guards, pursers, surgeons, cooks, and stewards;
(18) any individual employed by a county
in a single-family residence owned by a county home school as authorized under
section 260B.060 if the residence is an extension facility of that county home
school, and if the individual as part of the employment duties resides at the
residence for the purpose of supervising children as defined by section
260C.007, subdivision 4; or
(19) nuns, monks, priests, lay brothers,
lay sisters, ministers, deacons, and other members of religious orders who
serve pursuant to their religious obligations in schools, hospitals, and other
nonprofit institutions operated by the church or religious order; or
(20) any individual employed on a seasonal basis who has entered into a contract to play baseball at the minor league level.
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
Baker moved to amend the Garofalo amendment to H. F. No. 2208, the second engrossment, as amended, as follows:
Page 3, after line 6, insert:
"Page 149, after line 15, insert:
"Sec. 9. [181.741]
EXPRESS PREEMPTION; UNIFORMITY OF PRIVATE EMPLOYER MANDATES.
Subdivision 1. Definitions. (a) For the purposes of this section,
the terms defined in this subdivision have the meanings given them.
(b) "Employer" means a
private person employing one or more employees in the state.
(c) "Local government" means
a home rule charter city, statutory city, town, county, the Metropolitan Council,
a metropolitan agency as defined in section 473.121, subdivision 5a, or a
special district.
Subd. 2. Express
preemption. (a) A local
government must not adopt, enforce, or administer an ordinance, local
resolution, or local policy requiring an employer to pay an employee a wage
higher than the applicable state minimum wage rate provided in section 177.24.
(b) A local government must not adopt,
enforce, or administer an ordinance, local resolution, or local policy
requiring an employer to provide either paid or unpaid leave time.
(c) A local government must not adopt,
enforce, or administer an ordinance, local resolution, or local policy
regulating the hours or scheduling of work time that an employer provides to an
employee. This paragraph does not
preempt an ordinance, local resolution, or local policy limiting the hours a
business may operate.
(d) A local government must not adopt,
enforce, or administer an ordinance, local resolution, or local policy
requiring an employer to provide an employee a particular benefit or terms of
employment.
Subd. 3. Local
governments as employers and contractors.
This section does not regulate wages, hours, benefits, paid or
unpaid leave, attendance policies, or other terms of employment that a local
government:
(1) provides to its own employee;
(2) requires an employer to provide to its
employee to the extent that employer is providing goods or services to the
local government, and the requirement applies specifically to work performed in
providing goods or services to the local government; or
(3) requires an employer to provide to its
employee, to the extent that employer is receiving funding from the local
government or is providing goods or services funded in whole or in part by the
local government, when the requirement is an express condition of the funding.
EFFECTIVE DATE. This section is effective upon final enactment and applies to ordinances, local policies, and local resolutions enacted on or after January 1, 2017.""
A roll call was requested and properly
seconded.
The question was taken on the Baker
amendment to the Garofalo amendment and the roll was called. There were 56 yeas and 76 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson
Backer
Baker
Bennett
Boe
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Fabian
Franson
Garofalo
Green
Gruenhagen
Gunther
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Johnson
Jurgens
Kiel
Koznick
Kresha
Layman
Lucero
Lueck
McDonald
Mekeland
Miller
Munson
Nash
Nelson, N.
Neu
Nornes
O'Driscoll
O'Neill
Petersburg
Poston
Quam
Robbins
Runbeck
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
Vogel
West
Zerwas
Those who voted in the negative were:
Acomb
Bahner
Bahr
Becker-Finn
Bernardy
Bierman
Brand
Cantrell
Carlson, A.
Carlson, L.
Christensen
Claflin
Considine
Davnie
Dehn
Ecklund
Edelson
Elkins
Fischer
Freiberg
Gomez
Halverson
Hansen
Hassan
Hausman
Her
Hornstein
Howard
Huot
Klevorn
Koegel
Kotyza-Witthuhn
Kunesh-Podein
Lee
Lesch
Liebling
Lien
Lillie
Lippert
Lislegard
Loeffler
Long
Mahoney
Mann
Mariani
Marquart
Masin
Moller
Moran
Morrison
Murphy
Nelson, M.
Noor
Olson
Pelowski
Persell
Pinto
Poppe
Pryor
Richardson
Sandell
Sandstede
Sauke
Schultz
Stephenson
Sundin
Tabke
Vang
Wagenius
Wazlawik
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment to the amendment was not adopted.
Baker moved to amend the Garofalo amendment to H. F. No. 2208, the second engrossment, as amended, as follows:
Page 3, after line 6, insert:
"Page 149, after line 15, insert:
"Sec. 9. [181.741]
EXPRESS PREEMPTION; UNIFORMITY OF PRIVATE EMPLOYER MANDATES.
Subdivision 1. Definitions. (a) For the purposes of this section,
the terms defined in this subdivision have the meanings given them.
(b) "Employer" means a
private person employing one or more employees at a restaurant in the city of St. Paul.
(c) "Local government" means
a home rule charter city, statutory city, town, county, the Metropolitan
Council, a metropolitan agency as defined in section 473.121, subdivision 5a,
or a special district.
Subd. 2. Express
preemption. (a) A local government
must not adopt, enforce, or administer an ordinance, local resolution, or local
policy requiring an employer to pay an employee a wage higher than the
applicable state minimum wage rate provided in section 177.24.
(b) A local government must not adopt,
enforce, or administer an ordinance, local resolution, or local policy
requiring an employer to provide either paid or unpaid leave time.
(c) A local government must not adopt,
enforce, or administer an ordinance, local resolution, or local policy regulating
the hours or scheduling of work time that an employer provides to an employee. This paragraph does not preempt an ordinance,
local resolution, or local policy limiting the hours a business may operate.
(d) A local government must not adopt,
enforce, or administer an ordinance, local resolution, or local policy
requiring an employer to provide an employee a particular benefit or terms of
employment.
Subd. 3. Local
governments as employers and contractors.
This section does not regulate wages, hours, benefits, paid or
unpaid leave, attendance policies, or other terms of employment that a local
government:
(1) provides to its own employee;
(2)
requires an employer to provide to its employee to the extent that employer is
providing goods or services to the local government, and the requirement
applies specifically to work performed in providing goods or services to the
local government; or
(3) requires an employer to provide to
its employee, to the extent that employer is receiving funding from the local
government or is providing goods or services funded in whole or in part by the
local government, when the requirement is an express condition of the funding.
EFFECTIVE DATE. This section is effective upon final enactment and applies to ordinances, local policies, and local resolutions enacted on or after January 1, 2017.""
A roll call was requested and properly
seconded.
The question was taken on the Baker
amendment to the Garofalo amendment and the roll was called. There were 53 yeas and 77 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson
Backer
Baker
Bennett
Boe
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Fabian
Franson
Garofalo
Green
Gruenhagen
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Johnson
Jurgens
Kiel
Koznick
Kresha
Layman
Lucero
Lueck
McDonald
Mekeland
Miller
Nash
Nelson, N.
Neu
Nornes
O'Neill
Petersburg
Poston
Quam
Robbins
Runbeck
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
Vogel
West
Zerwas
Those who voted in the negative were:
Acomb
Bahner
Bahr
Becker-Finn
Bernardy
Bierman
Brand
Cantrell
Carlson, A.
Carlson, L.
Christensen
Claflin
Considine
Davnie
Dehn
Ecklund
Edelson
Elkins
Fischer
Freiberg
Gomez
Halverson
Hansen
Hassan
Hausman
Her
Hornstein
Howard
Huot
Klevorn
Koegel
Kotyza-Witthuhn
Kunesh-Podein
Lee
Lesch
Liebling
Lien
Lillie
Lippert
Lislegard
Loeffler
Long
Mahoney
Mann
Mariani
Marquart
Masin
Moller
Moran
Morrison
Munson
Murphy
Nelson, M.
Noor
Olson
Pelowski
Persell
Pinto
Poppe
Pryor
Richardson
Sandell
Sandstede
Sauke
Schultz
Stephenson
Sundin
Tabke
Vang
Wagenius
Wazlawik
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment to the amendment was not adopted.
Garofalo withdrew his amendment to H. F.
No. 2208, the second engrossment, as amended.
Davids moved to amend H. F. No. 2208, the second engrossment, as amended, as follows:
Page 33, line 2, after the period, insert
"This appropriation is contingent on the Minnesota Premium Security Plan, as defined in Minnesota Statutes, section
625.21, subdivision 11, continuing to be funded through fiscal year 2021."
A roll call was requested and properly
seconded.
Davids moved to amend the Davids amendment to H. F. No. 2208, the second engrossment, as amended, as follows:
Page 1, after line 4, insert:
"Page 184, after line 14, insert:
"Sec. 17. Minnesota Statutes 2018, section 62E.24, subdivision 2, is amended to read:
Subd. 2. Reports. (a) The board must submit to the
commissioner and to the chairs and ranking members of committees with
jurisdiction over commerce and health and make available to the public a
quarterly reports on plan operations and an annual report summarizing
the plan operations for each benefit year by. All reports must be made public by
posting the summary report on the Minnesota Comprehensive Health
Association website and making the.
The annual summary otherwise must be made available by
November 1 of the year following the applicable benefit year or 60 calendar
days following the final disbursement of reinsurance payments for the
applicable benefit year, whichever is later.
(b) The report must include information
about:
(1) the reinsurance parameters used;
(2) the metal levels affected;
(3) the number of claims payments
estimated for products offered on-exchange and off-exchange;
(4) the estimated reinsurance payments
by plan type based on carrier submitted templates;
(5) funds appropriated for reinsurance
payments and administrative and operational expenses;
(6) the total amount of reinsurance
payments made to eligible health carriers; and
(7) administrative and operational expenses incurred for the plan."
Page 185, after line 19, insert:
"Sec. 18. Laws 2017, chapter 13, article 1, section 15, as amended by Laws 2017, First Special Session chapter 6, article 5, section 10, is amended to read:
Sec. 15. MINNESOTA
PREMIUM SECURITY PLAN FUNDING.
(a) The Minnesota Comprehensive Health Association shall fund the operational and administrative costs and reinsurance payments of the Minnesota security plan and association using the following amounts deposited in the premium security plan account in Minnesota Statutes, section 62E.25, subdivision 1, in the following order:
(1) any federal funding available;
(2) funds deposited under article 1, sections 12 and 13;
(3) any state funds from the health care access fund; and
(4) any state funds from the general fund.
(b) The association shall transfer from the premium
security plan account any state funds not used for the Minnesota premium
security plan by June 30, 2021 2025, to the commissioner of
commerce. Any amount transferred to the
commissioner of commerce shall be deposited in the
health care access fund in Minnesota Statutes, section 16A.724.
(c) The Minnesota Comprehensive Health Association may not spend more than $271,000,000 for benefit year 2018 and not more than $271,000,000 for benefit year 2019 for the operational and administrative costs of, and reinsurance payments under, the Minnesota premium security plan.
Sec. 19. Laws 2017, chapter 13, article 1, section 16, is amended to read:
Sec. 16. TRANSFERS.
(a) The commissioner of management and budget shall transfer $200,000,000 in fiscal year 2018 and $200,000,000 in fiscal year 2019 from the health care access fund to the premium security plan account in Minnesota Statutes, section 62E.25, subdivision 1. This is a onetime transfer.
(b) The commissioner of management and budget shall transfer $71,000,000 in fiscal year 2018 and $71,000,000 in fiscal year 2019 from the general fund to the premium security plan account in Minnesota Statutes, section 62E.25, subdivision 1. This is a onetime transfer.
(c) The commissioner of management and budget shall use any funds remaining in the premium security account at the end of the 2019 benefit year to continue the premium security program through benefit year 2022."
Renumber the sections in sequence
Amend the title accordingly"
A roll call was requested and properly
seconded.
The question was taken on the Davids
amendment to the Davids amendment and the roll was called. There were 51 yeas and 81 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson
Backer
Baker
Bennett
Boe
Daniels
Daudt
Davids
Demuth
Dettmer
Erickson
Fabian
Franson
Garofalo
Green
Gruenhagen
Gunther
Haley
Hamilton
Heintzeman
Hertaus
Johnson
Jurgens
Kiel
Koznick
Kresha
Layman
Lucero
Lueck
McDonald
Nash
Nelson, N.
Neu
Nornes
O'Driscoll
O'Neill
Petersburg
Poston
Quam
Robbins
Runbeck
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
Vogel
West
Zerwas
Those who voted in the negative were:
Acomb
Bahner
Bahr
Becker-Finn
Bernardy
Bierman
Brand
Cantrell
Carlson, A.
Carlson, L.
Christensen
Claflin
Considine
Davnie
Dehn
Drazkowski
Ecklund
Edelson
Elkins
Fischer
Freiberg
Gomez
Halverson
Hansen
Hassan
Hausman
Heinrich
Her
Hornstein
Howard
Huot
Klevorn
Koegel
Kotyza-Witthuhn
Kunesh-Podein
Lee
Lesch
Liebling
Lien
Lillie
Lippert
Lislegard
Loeffler
Long
Mahoney
Mann
Mariani
Marquart
Masin
Mekeland
Miller
Moller
Moran
Morrison
Munson
Murphy
Nelson, M.
Noor
Olson
Pelowski
Persell
Pinto
Poppe
Pryor
Richardson
Sandell
Sandstede
Sauke
Schultz
Stephenson
Sundin
Tabke
Vang
Wagenius
Wazlawik
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment to the amendment was not adopted.
The question recurred on the Davids
amendment and the roll was called. There
were 56 yeas and 75 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson
Backer
Bahr
Baker
Bennett
Boe
Daniels
Daudt
Davids
Demuth
Drazkowski
Erickson
Fabian
Franson
Garofalo
Green
Gruenhagen
Gunther
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Johnson
Jurgens
Kiel
Koznick
Kresha
Layman
Lucero
Lueck
McDonald
Mekeland
Miller
Munson
Nash
Nelson, N.
Neu
Nornes
O'Driscoll
O'Neill
Petersburg
Poston
Quam
Robbins
Runbeck
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
Vogel
West
Zerwas
Bahner
Becker-Finn
Bernardy
Bierman
Brand
Cantrell
Carlson, A.
Carlson, L.
Christensen
Claflin
Considine
Davnie
Dehn
Ecklund
Edelson
Elkins
Fischer
Freiberg
Gomez
Halverson
Hansen
Hassan
Hausman
Her
Hornstein
Howard
Huot
Klevorn
Koegel
Kotyza-Witthuhn
Kunesh-Podein
Lee
Lesch
Liebling
Lien
Lillie
Lippert
Lislegard
Loeffler
Long
Mahoney
Mann
Mariani
Marquart
Masin
Moller
Moran
Morrison
Murphy
Nelson, M.
Noor
Olson
Pelowski
Persell
Pinto
Poppe
Pryor
Richardson
Sandell
Sandstede
Sauke
Schultz
Stephenson
Sundin
Tabke
Vang
Wagenius
Wazlawik
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment was not adopted.
McDonald was excused between the
hours of 12:55 p.m. and 6:45 p.m.
The Speaker called Halverson to the Chair.
Kresha was excused between the hours of
1:25 p.m. and 4:00 p.m.
Fabian moved to amend H. F. No. 2208, the second engrossment, as amended, as follows:
Page 167, after line 7, insert:
"Sec. 37. LAWN MOWER CLARIFICATION.
(a) Push lawn mowers, self-propelled lawn mowers,
ride-on lawn mowers, lawn trimmers, and weed cutters are not prohibited
machinery under Minnesota Rules, part 5200.0910, and 16- and 17-year-old minors
may lawfully operate or assist in the operation of those machines.
(b) The commissioner of labor and industry must amend Minnesota Rules, part 5200.0910, to reflect paragraph (a) of this section. The commissioner must use the good cause exemption under Minnesota Statutes, section 14.388, subdivision 1, to adopt the new rule."
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.
Zerwas was excused between the hours of
1:30 p.m. and 6:15 p.m.
Robbins moved to amend H. F. No. 2208, the second engrossment, as amended, as follows:
Page 118, line 27, after "shall" insert ", with intent to defraud,"
Page 118, line 28, after "if" insert ", with intent to defraud"
A roll call was requested and properly
seconded.
The question was taken on the Robbins
amendment and the roll was called. There
were 39 yeas and 89 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson
Backer
Baker
Bennett
Daniels
Daudt
Demuth
Dettmer
Erickson
Fabian
Franson
Green
Gruenhagen
Gunther
Hamilton
Heinrich
Heintzeman
Johnson
Kiel
Koznick
Layman
Lueck
Nash
Nelson, N.
Neu
Nornes
O'Driscoll
O'Neill
Petersburg
Poston
Quam
Robbins
Runbeck
Schomacker
Scott
Swedzinski
Theis
Vogel
Those who voted in the negative were:
Acomb
Bahner
Bahr
Becker-Finn
Bernardy
Bierman
Boe
Brand
Cantrell
Carlson, A.
Carlson, L.
Christensen
Claflin
Considine
Davids
Davnie
Dehn
Drazkowski
Ecklund
Edelson
Elkins
Fischer
Freiberg
Gomez
Haley
Halverson
Hansen
Hassan
Hausman
Her
Hertaus
Hornstein
Howard
Huot
Jurgens
Klevorn
Koegel
Kotyza-Witthuhn
Kunesh-Podein
Lee
Lesch
Liebling
Lien
Lillie
Lippert
Lislegard
Loeffler
Long
Lucero
Mahoney
Mann
Mariani
Marquart
Masin
Mekeland
Miller
Moller
Moran
Morrison
Munson
Murphy
Nelson, M.
Noor
Olson
Pelowski
Persell
Pinto
Poppe
Pryor
Richardson
Sandell
Sandstede
Sauke
Schultz
Stephenson
Sundin
Tabke
Torkelson
Urdahl
Vang
Wagenius
Wazlawik
West
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment was not adopted.
Wagenius moved to amend H. F. No. 2208, the second engrossment, as amended, as follows:
Page 287, line 17, strike "municipal" and insert "public"
Page 316, after line 7, insert:
"Subd. 4. Electricity charging payment. Payment for electricity dispensed from an electric vehicle charging station whose installation was assisted with a grant awarded under this section is the responsibility of the owner or driver of the electric vehicle whose battery is being recharged."
Page 329, line 20, before "Minnesota" insert "(a)"
Page 329, after line 20, insert:
"(b) Laws 2017, chapter 94,
article 1, section 7, subdivision 7, is repealed."
Fabian moved to amend the Wagenius amendment to H. F. No. 2208, the second engrossment, as amended, as follows:
Page 1, line 5, delete everything after "a" and insert "state grant or state funds"
Page 1, line 6, delete "this section"
The
motion prevailed and the amendment to the amendment was adopted.
Fabian moved to amend the Wagenius amendment, as amended, to H. F. No. 2208, the second engrossment, as amended, as follows:
Page 1, line 4, before "electricity" insert "the full cost of"
The
motion prevailed and the amendment to the amendment was adopted.
The question recurred on the Wagenius
amendment, as amended, to H. F. No. 2208, the second
engrossment, as amended. The motion
prevailed and the amendment, as amended, was adopted.
Richardson moved to amend H. F. No. 2208, the second engrossment, as amended, as follows:
Page 311, after line 3, insert:
"Sec. 44. [216B.515]
UTILITY DIVERSITY POLICY; REPORT.
(a) Each utility authorized to do
business in Minnesota must establish a workplace and supplier diversity policy
that (1) articulates the utility's workplace and supplier diversity goals, and
(2) describes the efforts the utility commits to take to increase workplace and
supplier diversity. The policy must also
include a list of certifications the utility recognizes and a point of contact
for a potential employee or vendor that wishes to work for or do business with
the utility.
(b) Beginning March 15, 2021, and each
March 15 thereafter, each utility authorized to do business in Minnesota must
submit to the commissioner a report that details:
(1) the utility's workplace and
supplier diversity goals;
(2) the utility's current workforce and
supplier diversity representation data, expressed numerically and as a
percentage;
(3) efforts taken to increase workplace
and supplier diversity; and
(4) procurement goals and actual
spending for female-owned, minority-owned, veteran-owned, and small business
enterprises during the previous calendar year.
(c) The goals under paragraph (b), clause (4), must be expressed as a percentage of the total work performed by the utility submitting the report. The actual spending for female-owned, minority-owned, veteran-owned, and small business enterprises must be expressed as a percentage of the total work performed by the utility submitting the report."
Renumber the sections in sequence and correct the internal references
Correct the title numbers accordingly
The
motion prevailed and the amendment was adopted.
Nelson, N., moved to amend H. F. No. 2208, the second engrossment, as amended, as follows:
Page 252, line 24, after the first comma, insert "wind speed,"
The
motion prevailed and the amendment was adopted.
Boe moved to amend H. F. No. 2208, the second engrossment, as amended, as follows:
Page 292, line 27, delete the new language and insert "LEDs"
Page 292, line 28, strike "the lamps" and insert "LEDs" and after "lamps" insert "and LEDs"
Page 293, after line 27, insert:
"(h) For the purposes of this section, "LED" means a light-emitting diode bulb or lighting product."
The
motion prevailed and the amendment was adopted.
Hornstein moved to amend H. F. No. 2208, the second engrossment, as amended, as follows:
Page 319, after line 17, insert:
"Sec. 54. [216H.011]
GREENHOUSE GAS EMISSIONS; FINDING.
The legislature finds and declares that greenhouse gas emissions resulting from human activities are a key cause of climate change."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
Swedzinski moved to amend the Hornstein amendment to H. F. No. 2208, the second engrossment, as amended, as follows:
Page 1, line 4, after "human" insert "and bovine"
A roll call was requested and properly
seconded.
The question was taken on the
Swedzinski amendment to the Hornstein amendment and the roll was called. There were 50 yeas and 76 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson
Bahr
Baker
Boe
Daniels
Daudt
Davids
Demuth
Drazkowski
Erickson
Fabian
Franson
Garofalo
Green
Gruenhagen
Gunther
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Johnson
Jurgens
Kiel
Koznick
Layman
Lucero
Lueck
Mekeland
Miller
Munson
Nelson, N.
Neu
Nornes
O'Driscoll
O'Neill
Petersburg
Poston
Quam
Robbins
Runbeck
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
Vogel
West
Those who voted in the negative were:
Acomb
Bahner
Becker-Finn
Bennett
Bernardy
Bierman
Brand
Cantrell
Carlson, A.
Carlson, L.
Christensen
Claflin
Considine
Davnie
Dehn
Ecklund
Edelson
Elkins
Fischer
Freiberg
Gomez
Halverson
Hansen
Hassan
Hausman
Her
Hornstein
Howard
Huot
Klevorn
Koegel
Kotyza-Witthuhn
Kunesh-Podein
Lee
Lesch
Liebling
Lien
Lillie
Lippert
Lislegard
Loeffler
Long
Mahoney
Mann
Mariani
Marquart
Masin
Moller
Moran
Morrison
Murphy
Nelson, M.
Noor
Olson
Pelowski
Persell
Pinto
Poppe
Pryor
Richardson
Sandell
Sandstede
Sauke
Schultz
Stephenson
Sundin
Tabke
Vang
Wagenius
Wazlawik
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment to the amendment was not adopted.
The question recurred on the Hornstein
amendment and the roll was called. There
were 79 yeas and 50 nays as follows:
Those who voted in the affirmative were:
Acomb
Bahner
Becker-Finn
Bernardy
Bierman
Brand
Cantrell
Carlson, A.
Carlson, L.
Christensen
Claflin
Considine
Davnie
Dehn
Ecklund
Edelson
Elkins
Fischer
Freiberg
Garofalo
Gomez
Halverson
Hansen
Hassan
Hausman
Her
Hornstein
Howard
Huot
Jurgens
Klevorn
Koegel
Kotyza-Witthuhn
Kunesh-Podein
Lee
Lesch
Liebling
Lien
Lillie
Lippert
Lislegard
Loeffler
Long
Mahoney
Mann
Mariani
Marquart
Masin
Moller
Moran
Morrison
Murphy
Nelson, M.
Noor
Olson
Pelowski
Persell
Pinto
Poppe
Pryor
Richardson
Sandell
Sandstede
Sauke
Schultz
Stephenson
Sundin
Tabke
Urdahl
Vang
Wagenius
Wazlawik
West
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
Those who voted in the negative were:
Albright
Anderson
Backer
Bahr
Baker
Bennett
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Fabian
Franson
Green
Grossell
Gruenhagen
Gunther
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Johnson
Kiel
Koznick
Layman
Lucero
Lueck
Mekeland
Miller
Munson
Nash
Nelson, N.
Neu
Nornes
O'Driscoll
O'Neill
Petersburg
Poston
Quam
Robbins
Runbeck
Schomacker
Scott
Swedzinski
Theis
Torkelson
Vogel
The
motion prevailed and the amendment was adopted.
Baker moved to amend H. F. No. 2208, the second engrossment, as amended, as follows:
Page 264, after line 18, insert:
"Subd. 10. Expiration. This section expires December 31, 2023."
Page 265, after line 32, insert:
"Subd. 8. Expiration. This section expires December 31, 2023."
A roll call was requested and properly
seconded.
Swedzinski moved to amend the Baker amendment to H. F. No. 2208, the second engrossment, as amended, as follows:
Page 1, lines 3 and 5, before the period, insert "or upon the commission's determination that the levelized installed cost of utility-scale solar energy is less than three cents per kilowatt-hour, whichever is sooner"
A roll call was requested and properly
seconded.
The question was taken on the Swedzinski
amendment to the Baker amendment and the roll was called. There were 55 yeas and 75 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson
Backer
Bahr
Baker
Bennett
Boe
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Fabian
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Johnson
Jurgens
Kiel
Koznick
Layman
Lucero
Lueck
Mekeland
Miller
Munson
Nash
Nelson, N.
Neu
Nornes
O'Driscoll
O'Neill
Petersburg
Poston
Quam
Robbins
Runbeck
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
Vogel
West
Those who voted in the negative were:
Acomb
Bahner
Becker-Finn
Bernardy
Bierman
Brand
Cantrell
Carlson, A.
Carlson, L.
Christensen
Claflin
Considine
Davnie
Dehn
Ecklund
Edelson
Elkins
Fischer
Freiberg
Gomez
Halverson
Hansen
Hassan
Hausman
Her
Hornstein
Howard
Huot
Klevorn
Koegel
Kotyza-Witthuhn
Kunesh-Podein
Lee
Lesch
Liebling
Lien
Lillie
Lippert
Lislegard
Loeffler
Long
Mahoney
Mann
Mariani
Marquart
Masin
Moller
Moran
Morrison
Murphy
Nelson, M.
Noor
Olson
Pelowski
Persell
Pinto
Poppe
Pryor
Richardson
Sandell
Sandstede
Sauke
Schultz
Stephenson
Sundin
Tabke
Vang
Wagenius
Wazlawik
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment to the amendment was not adopted.
The question recurred on the Baker
amendment and the roll was called. There
were 56 yeas and 74 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson
Backer
Bahr
Baker
Bennett
Boe
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Fabian
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Johnson
Jurgens
Kiel
Koznick
Layman
Lucero
Lueck
Mekeland
Miller
Munson
Nash
Nelson, N.
Neu
Nornes
O'Driscoll
O'Neill
Petersburg
Poston
Quam
Robbins
Runbeck
Sauke
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
Vogel
West
Those who voted in the negative were:
Acomb
Bahner
Becker-Finn
Bernardy
Bierman
Brand
Cantrell
Carlson, A.
Carlson, L.
Christensen
Claflin
Considine
Davnie
Dehn
Ecklund
Edelson
Elkins
Fischer
Freiberg
Gomez
Halverson
Hansen
Hassan
Hausman
Her
Hornstein
Howard
Huot
Klevorn
Koegel
Kotyza-Witthuhn
Kunesh-Podein
Lee
Lesch
Liebling
Lien
Lillie
Lippert
Lislegard
Loeffler
Long
Mahoney
Mann
Mariani
Marquart
Masin
Moller
Moran
Morrison
Murphy
Nelson, M.
Noor
Olson
Pelowski
Persell
Pinto
Poppe
Pryor
Richardson
Sandell
Sandstede
Schultz
Stephenson
Sundin
Tabke
Vang
Wagenius
Wazlawik
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment was not adopted.
Baker moved to amend H. F. No. 2208, the second engrossment, as amended, as follows:
Page 259, line 30, after "may" insert "not" and strike everything after "utility"
Page 259, line 31, strike everything before the period and insert ", for-profit corporation, or nonprofit corporation whose corporate headquarters is located outside of Minnesota"
A roll call was requested and properly
seconded.
The question was taken on the Baker
amendment and the roll was called. There
were 57 yeas and 72 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson
Backer
Bahr
Baker
Bennett
Boe
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Fabian
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Johnson
Jurgens
Kiel
Koznick
Layman
Lislegard
Lucero
Lueck
Mekeland
Miller
Munson
Nash
Nelson, N.
Neu
Nornes
O'Driscoll
O'Neill
Petersburg
Poston
Quam
Robbins
Runbeck
Sauke
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
Vogel
West
Those who voted in the negative were:
Acomb
Bahner
Becker-Finn
Bernardy
Bierman
Brand
Cantrell
Carlson, A.
Carlson, L.
Christensen
Claflin
Considine
Davnie
Dehn
Ecklund
Edelson
Elkins
Fischer
Freiberg
Gomez
Halverson
Hansen
Hassan
Hausman
Her
Hornstein
Howard
Huot
Klevorn
Koegel
Kotyza-Witthuhn
Kunesh-Podein
Lee
Lesch
Liebling
Lien
Lillie
Lippert
Loeffler
Long
Mahoney
Mann
Mariani
Marquart
Masin
Moller
Moran
Morrison
Murphy
Nelson, M.
Noor
Olson
Persell
Pinto
Poppe
Pryor
Richardson
Sandell
Sandstede
Schultz
Stephenson
Sundin
Tabke
Vang
Wagenius
Wazlawik
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment was not adopted.
Swedzinski moved to amend H. F. No. 2208, the second engrossment, as amended, as follows:
Page 261, after line 31, insert:
"(4) ensuring that no prime
farmland was taken out of production in the development of a community solar
garden facility;
(5) encouraging, to the extent practicable, the location of community solar gardens in wellhead protection areas, as defined in section 103I.005, subdivision 24;"
Reletter the clauses in sequence
Page 262, after line 12, insert:
"(c) For the purposes of this subdivision, "prime farmland" means farmland that meets the specifications of Code of Regulations, title 7, section 657.5, paragraph (a), clause (2)."
The
motion did not prevail and the amendment was not adopted.
Speaker pro tempore Halverson called
Olson to the Chair.
Anderson moved to amend H. F. No. 2208, the second engrossment, as amended, as follows:
Page 325, after line 24, insert:
"Section 1. RURAL COMMUNITY SOLAR GARDEN MORATORIUM.
Subdivision 1.
Moratorium imposed. Notwithstanding Minnesota Statutes,
section 216B.1641, an existing or prospective solar garden owner is prohibited
from constructing a new community solar garden or expanding an existing
community solar garden until March 1 in the year after the date the
commissioner of commerce submits the report under subdivision 2 or July 1,
2021, whichever is later. This
subdivision applies only to proposed or existing community solar gardens
located outside the 11-county metropolitan area, as defined by Minnesota
Statutes, section 115A.1314, subdivision 2.
Subd. 2. Impacts study. The commissioner of commerce must conduct a study that measures the impact community solar gardens have on utility ratepayers and on the communities where the community solar garden facilities are located. The study must consider the impact of solar gardens on: (1) rates paid by customers of utilities participating in the community solar garden program; (2) local economic conditions, including land prices, job availability, and overall economic outcomes; (3) existing structures and land uses, including residences, businesses, and farm land; (4) environmental factors; and (5) other issues the commissioner deems important. The study must also consider and recommend what constitutes an adequate setback or distance solar garden facilities must be located from residences and businesses. Once completed, the report must be submitted to the house of representatives and senate committees with jurisdiction over energy, agriculture, and jobs and economic development."
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.
Baker moved to amend H. F. No. 2208, the second engrossment, as amended, as follows:
Page 260, line 19, delete "ten" and insert "50"
A roll call was requested and properly
seconded.
The question was taken on the Baker
amendment and the roll was called. There
were 56 yeas and 74 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson
Backer
Bahr
Baker
Bennett
Boe
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Fabian
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Johnson
Jurgens
Kiel
Koznick
Layman
Lucero
Lueck
Mekeland
Miller
Munson
Nash
Nelson, N.
Neu
Nornes
O'Driscoll
O'Neill
Petersburg
Poston
Quam
Robbins
Runbeck
Sauke
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
Vogel
West
Those who voted in the negative were:
Acomb
Bahner
Becker-Finn
Bernardy
Bierman
Brand
Cantrell
Carlson, A.
Carlson, L.
Christensen
Claflin
Considine
Davnie
Dehn
Ecklund
Edelson
Elkins
Fischer
Freiberg
Gomez
Halverson
Hansen
Hassan
Hausman
Her
Hornstein
Howard
Huot
Klevorn
Koegel
Kotyza-Witthuhn
Kunesh-Podein
Lee
Lesch
Liebling
Lien
Lillie
Lippert
Lislegard
Loeffler
Long
Mahoney
Mann
Mariani
Marquart
Masin
Moller
Moran
Morrison
Murphy
Nelson, M.
Noor
Olson
Pelowski
Persell
Pinto
Poppe
Pryor
Richardson
Sandell
Sandstede
Schultz
Stephenson
Sundin
Tabke
Vang
Wagenius
Wazlawik
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment was not adopted.
Baker moved to amend H. F. No. 2208, the second engrossment, as amended, as follows:
Page 259, after line 14, insert:
"Sec. 6. Minnesota Statutes 2018, section 216B.164, is amended by adding a subdivision to read:
Subd. 12. Value of solar formula. The solar value methodology established by the department must, at a minimum, account for the cost of utility-scale solar energy and its delivery, generation capacity, transmission capacity, transmission and distribution line losses, and environmental value. The department may, based on known and measurable evidence of the cost or benefit of solar operation to the utility, incorporate other values into the methodology, including credit for locally manufactured or assembled energy systems, systems installed at high‑value locations on the distribution grid, or other factors."
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 56 yeas and 73 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson
Backer
Bahr
Baker
Bennett
Bierman
Boe
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Fabian
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Johnson
Jurgens
Kiel
Koznick
Layman
Lucero
Lueck
Mekeland
Munson
Nash
Nelson, N.
Neu
Nornes
O'Driscoll
O'Neill
Petersburg
Poston
Quam
Robbins
Runbeck
Sauke
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
Vogel
West
Those who voted in the negative were:
Acomb
Bahner
Becker-Finn
Bernardy
Brand
Cantrell
Carlson, A.
Carlson, L.
Christensen
Claflin
Considine
Davnie
Dehn
Ecklund
Edelson
Elkins
Fischer
Freiberg
Gomez
Halverson
Hansen
Hassan
Hausman
Her
Hornstein
Howard
Huot
Klevorn
Koegel
Kotyza-Witthuhn
Kunesh-Podein
Lee
Lesch
Liebling
Lien
Lillie
Lippert
Lislegard
Loeffler
Long
Mahoney
Mann
Mariani
Marquart
Masin
Moller
Moran
Morrison
Murphy
Nelson, M.
Noor
Olson
Pelowski
Persell
Pinto
Poppe
Pryor
Richardson
Sandell
Sandstede
Schultz
Stephenson
Sundin
Tabke
Vang
Wagenius
Wazlawik
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment was not adopted.
Baker moved to amend H. F. No. 2208, the second engrossment, as amended, as follows:
Page 259, line 31, after the period, insert "The public utility must accept qualified proposals for community solar gardens each year in a form and on a schedule specified in the program approved by the commission. The public utility subject to this section may submit qualified proposals to the program."
Page 259, after line 31, insert:
"(b) The public utility must submit evaluations of all qualified proposals to the commission, along with recommendations regarding which qualified proposals should be accepted. The commission must select the qualified proposals the public utility must accept. The qualified proposals with the lowest cost to the public utility's customers must be selected. The total nameplate capacity of qualified proposals selected by the commission must not exceed 25 megawatts per year."
Reletter the paragraphs in sequence
A roll call was requested and properly seconded.
The question was taken on the Baker
amendment and the roll was called. There
were 55 yeas and 75 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson
Backer
Bahr
Baker
Bennett
Boe
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Fabian
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Johnson
Jurgens
Kiel
Koznick
Layman
Lucero
Lueck
Mekeland
Miller
Munson
Nash
Nelson, N.
Neu
Nornes
O'Driscoll
O'Neill
Petersburg
Poston
Quam
Robbins
Runbeck
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
Vogel
West
Those who voted in the negative were:
Acomb
Bahner
Becker-Finn
Bernardy
Bierman
Brand
Cantrell
Carlson, A.
Carlson, L.
Christensen
Claflin
Considine
Davnie
Dehn
Ecklund
Edelson
Elkins
Fischer
Freiberg
Gomez
Halverson
Hansen
Hassan
Hausman
Her
Hornstein
Howard
Huot
Klevorn
Koegel
Kotyza-Witthuhn
Kunesh-Podein
Lee
Lesch
Liebling
Lien
Lillie
Lippert
Lislegard
Loeffler
Long
Mahoney
Mann
Mariani
Marquart
Masin
Moller
Moran
Morrison
Murphy
Nelson, M.
Noor
Olson
Pelowski
Persell
Pinto
Poppe
Pryor
Richardson
Sandell
Sandstede
Sauke
Schultz
Stephenson
Sundin
Tabke
Vang
Wagenius
Wazlawik
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment was not adopted.
Swedzinski moved to amend H. F. No. 2208, the second engrossment, as amended, as follows:
Page 307, after line 5, insert:
"Sec. 39. Minnesota Statutes 2018, section 216B.2422, is amended by adding a subdivision to read:
Subd. 9. Ratepayer impact. The commission may not approve a resource plan under this section that it determines will cause costs to increase more than a reasonable forecast of the rate of inflation over the term of the resource plan."
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.
Baker moved to amend H. F. No. 2208, the second engrossment, as amended, as follows:
Page 252, after line 15, insert:
"(c) The cost of a financial incentive developed as required under this section and approved by the commission may only be recovered from a public utility's residential ratepayers."
The
motion did not prevail and the amendment was not adopted.
Haley moved to amend H. F. No. 2208, the second engrossment, as amended, as follows:
Page 325, line 28, delete "$6,000,000" and insert "$500,000"
Page 326, line 11, delete "$6,000,000" and insert "$500,000"
Page 326, line 25, delete "$3,500,000" and insert "$500,000"
Page 326, line 34, delete "$16,000,000" and insert "$9,000,000"
Page 327, line 7, delete "$8,000,000" and insert "$1,000,000"
Page 328, line 2, delete "$2,000,000" and insert "$40,000,000"
Page 328, line 9, delete "$10,400,000" and insert "$1,400,000"
Page 328, line 17, delete "$2,500,000" and insert "$1,500,000"
A roll call was requested and properly
seconded.
The question was taken on the Haley
amendment and the roll was called. There
were 53 yeas and 77 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson
Backer
Baker
Bennett
Boe
Daniels
Daudt
Davids
Demuth
Dettmer
Ecklund
Erickson
Fabian
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Hamilton
Heinrich
Heintzeman
Johnson
Jurgens
Kiel
Koznick
Kresha
Kunesh-Podein
Layman
Lueck
Mekeland
Murphy
Nash
Nelson, N.
Neu
Nornes
O'Driscoll
O'Neill
Petersburg
Poston
Quam
Robbins
Runbeck
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
Vogel
West
Those who voted in the negative were:
Acomb
Bahner
Bahr
Becker-Finn
Bernardy
Bierman
Brand
Cantrell
Carlson, A.
Carlson, L.
Christensen
Claflin
Considine
Davnie
Dehn
Drazkowski
Edelson
Elkins
Fischer
Freiberg
Gomez
Halverson
Hansen
Hassan
Hausman
Her
Hertaus
Hornstein
Howard
Huot
Klevorn
Koegel
Kotyza-Witthuhn
Lee
Lesch
Liebling
Lien
Lillie
Lippert
Lislegard
Loeffler
Long
Lucero
Mahoney
Mann
Mariani
Marquart
Masin
Miller
Moller
Moran
Morrison
Munson
Nelson, M.
Noor
Olson
Persell
Pinto
Poppe
Pryor
Richardson
Sandell
Sandstede
Sauke
Schultz
Stephenson
Sundin
Tabke
Vang
Wagenius
Wazlawik
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment was not adopted.
Swedzinski moved to amend H. F. No. 2208, the second engrossment, as amended, as follows:
Page 269, delete section 12
Page 270, line 7, delete the new language and reinstate the stricken language
Page 303, line 31, delete everything after the comma
Page 303, line 32, delete the new language
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
Speaker pro tempore Olson called Poppe to
the Chair.
The question was taken on the Swedzinski
amendment and the roll was called. There
were 57 yeas and 73 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson
Backer
Bahr
Baker
Bennett
Boe
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Fabian
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Johnson
Jurgens
Kiel
Koznick
Kresha
Layman
Lislegard
Lucero
Lueck
Mekeland
Miller
Munson
Nash
Nelson, N.
Neu
Nornes
O'Driscoll
O'Neill
Petersburg
Poston
Quam
Robbins
Runbeck
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
Vogel
West
Those who voted in the negative were:
Acomb
Bahner
Becker-Finn
Bernardy
Bierman
Brand
Cantrell
Carlson, A.
Carlson, L.
Christensen
Claflin
Considine
Davnie
Dehn
Ecklund
Edelson
Elkins
Fischer
Freiberg
Gomez
Halverson
Hansen
Hassan
Hausman
Her
Hornstein
Howard
Huot
Klevorn
Koegel
Kotyza-Witthuhn
Kunesh-Podein
Lee
Lesch
Liebling
Lien
Lillie
Lippert
Loeffler
Long
Mahoney
Mann
Mariani
Marquart
Masin
Moller
Moran
Morrison
Murphy
Nelson, M.
Noor
Olson
Persell
Pinto
Poppe
Pryor
Richardson
Sandell
Sandstede
Sauke
Schultz
Stephenson
Sundin
Tabke
Vang
Wagenius
Wazlawik
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
The motion did
not prevail and the amendment was not adopted.
Mekeland moved to amend H. F. No. 2208, the second engrossment, as amended, as follows:
Page 302, line 5, after the period, insert "In approving a plan, the commission shall give primary weight to maintaining local and regional grid reliability."
A roll call was requested and properly
seconded.
Speaker pro tempore Poppe called Halverson
to the Chair.
The question was taken on the Mekeland
amendment and the roll was called. There
were 56 yeas and 75 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson
Backer
Bahr
Baker
Bennett
Boe
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Erickson
Fabian
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Johnson
Jurgens
Kiel
Koznick
Kresha
Layman
Lucero
Lueck
Mekeland
Miller
Munson
Nash
Nelson, N.
Neu
Nornes
O'Driscoll
O'Neill
Petersburg
Poston
Quam
Robbins
Runbeck
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
Vogel
West
Those who voted in the negative were:
Acomb
Bahner
Becker-Finn
Bernardy
Bierman
Brand
Cantrell
Carlson, A.
Carlson, L.
Christensen
Claflin
Considine
Davnie
Dehn
Ecklund
Edelson
Elkins
Fischer
Freiberg
Gomez
Halverson
Hansen
Hassan
Hausman
Her
Hornstein
Howard
Huot
Klevorn
Koegel
Kotyza-Witthuhn
Kunesh-Podein
Lee
Lesch
Liebling
Lien
Lillie
Lippert
Lislegard
Loeffler
Long
Mahoney
Mann
Mariani
Marquart
Masin
Moller
Moran
Morrison
Murphy
Nelson, M.
Noor
Olson
Pelowski
Persell
Pinto
Poppe
Pryor
Richardson
Sandell
Sandstede
Sauke
Schultz
Stephenson
Sundin
Tabke
Vang
Wagenius
Wazlawik
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment was not adopted.
Baker moved to amend H. F. No. 2208, the second engrossment, as amended, as follows:
Page 269, line 9, delete "electric" and insert "public" and delete "subject to subdivision 2a"
Page 269, line 10, delete "to provide"
Page 269, delete line 11
Page 269, line 12, delete everything before "so"
A roll call was requested and properly
seconded.
The question was taken on the Baker amendment
and the roll was called. There were 65
yeas and 66 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson
Backer
Bahr
Baker
Bennett
Boe
Daniels
Daudt
Davids
Demuth
Dettmer
Drazkowski
Ecklund
Erickson
Fabian
Franson
Garofalo
Green
Grossell
Gruenhagen
Gunther
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Johnson
Jurgens
Kiel
Koznick
Kresha
Layman
Lien
Lislegard
Lucero
Lueck
Marquart
Mekeland
Miller
Munson
Nash
Nelson, N.
Neu
Nornes
O'Driscoll
O'Neill
Pelowski
Petersburg
Poppe
Poston
Quam
Robbins
Runbeck
Sandstede
Sauke
Schomacker
Scott
Sundin
Swedzinski
Theis
Torkelson
Urdahl
Vogel
West
Those who voted in the negative were:
Acomb
Bahner
Becker-Finn
Bernardy
Bierman
Brand
Cantrell
Carlson, A.
Carlson, L.
Christensen
Claflin
Considine
Davnie
Dehn
Edelson
Elkins
Fischer
Freiberg
Gomez
Halverson
Hansen
Hassan
Hausman
Her
Hornstein
Howard
Huot
Klevorn
Koegel
Kotyza-Witthuhn
Kunesh-Podein
Lee
Lesch
Liebling
Lillie
Lippert
Loeffler
Long
Mahoney
Mann
Mariani
Masin
Moller
Moran
Morrison
Murphy
Nelson, M.
Noor
Olson
Persell
Pinto
Pryor
Richardson
Sandell
Schultz
Stephenson
Tabke
Vang
Wagenius
Wazlawik
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
The
motion did not prevail and the amendment was not adopted.
Swedzinski moved to amend H. F. No. 2208, the second engrossment, as amended, as follows:
Page 269, line 9, before "Each" insert "(a)"
Page 269, after line 14, insert:
"(b) This subdivision does not
apply to retail electricity sales to:
(1) an iron mining extraction and
processing facility, including a scram mining facility as defined in Minnesota
Rules, part 6130.0100, subpart 16; or
(2) a paper mill, wood products
manufacturer, sawmill, or oriented strand board manufacturer.
Those customers may not have included in the rates charged to them by a utility subject to this subdivision any of the utility's costs of complying with this subdivision."
A roll call was requested and properly
seconded.
Swedzinksi moved to amend the Swedzinski amendment to H. F. No. 2208, the second engrossment, as amended, as follows:
Page 1, line 6, delete "or"
Page 1, line 8, delete the period and insert "; or"
Page 1, after line 8, insert:
"(3) a large customer facility, as defined in section 216B.2402, paragraph (l)."
The
motion did not prevail and the amendment to the amendment was not adopted.