Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8095

 

 

STATE OF MINNESOTA

 

 

NINETY-SECOND SESSION - 2022

 

_____________________

 

SEVENTY-SEVENTH DAY

 

Saint Paul, Minnesota, Monday, March 14, 2022

 

 

      The House of Representatives convened at 3:30 p.m. and was called to order by Melissa Hortman, Speaker of the House.

 

      Prayer was offered by Pastor Ben Mailhot, Watermark Church, Stillwater, Minnesota.

 

      The members of the House gave the pledge of allegiance to the flag of the United States of America.

 

      The roll was called and the following members were present:

 


Acomb

Agbaje

Akland

Albright

Anderson

Backer

Bahner

Bahr

Baker

Becker-Finn

Bennett

Berg

Bernardy

Bierman

Bliss

Boe

Boldon

Burkel

Carlson

Christensen

Daniels

Daudt

Davids

Davnie

Demuth

Drazkowski

Ecklund

Edelson

Elkins

Erickson

Feist

Fischer

Franke

Franson

Frazier

Frederick

Freiberg

Garofalo

Gomez

Green

Greenman

Grossell

Gruenhagen

Haley

Hamilton

Hansen, R.

Hanson, J.

Hassan

Hausman

Heinrich

Heintzeman

Her

Hertaus

Hollins

Hornstein

Howard

Huot

Igo

Johnson

Jordan

Jurgens

Keeler

Kiel

Klevorn

Koegel

Kotyza-Witthuhn

Koznick

Kresha

Lee

Liebling

Lillie

Lippert

Lislegard

Long

Lucero

Lueck

Marquart

Masin

McDonald

Mekeland

Miller

Moller

Moran

Morrison

Mortensen

Mueller

Munson

Murphy

Nash

Nelson, M.

Nelson, N.

Neu Brindley

Noor

Novotny

O'Driscoll

Olson, B.

Olson, L.

O'Neill

Pelowski

Petersburg

Pfarr

Pierson

Pinto

Poston

Pryor

Quam

Raleigh

Rasmusson

Reyer

Richardson

Robbins

Sandell

Sandstede

Schomacker

Schultz

Scott

Stephenson

Sundin

Swedzinski

Theis

Thompson

Torkelson

Urdahl

Vang

Wazlawik

West

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

      A quorum was present.

 

      Dettmer was excused.

 

      Mariani was excused until 4:25 p.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.


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8096

PETITIONS AND COMMUNICATIONS

 

 

      The following communications were received:

 

 

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

 

March 10, 2022

 

The Honorable Melissa Hortman

Speaker of the House of Representatives

The State of Minnesota

 

Dear Speaker Hortman:

 

      Please be advised that I have received, approved, signed, and deposited in the Office of the Secretary of State the following House Files:

 

      H. F. No. 2454, relating to local government; permitting the city of Mora to increase the membership of its Public Utilities Commission.

 

      H. F. No. 2841, relating to real property; making technical, clarifying, and conforming changes to title provisions.

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Tim Walz

                                                                                                                                Governor

 

 

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

 

The Honorable Melissa Hortman

Speaker of the House of Representatives

 

The Honorable David J. Osmek

President of the Senate

 

      I have the honor to inform you that the following enrolled Acts of the 2022 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8097

S. F.

No.

 

H. F.

No.

 

Session Laws

Chapter No.

Time and

Date Approved

2022

 

Date Filed

2022

 

                                2454                        36                                     4:07 p.m.  March 10                              March 10

                                2841                        37                                     4:07 p.m.  March 10                              March 10

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Steve Simon

                                                                                                                                Secretary of State

 

 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Mariani from the Committee on Public Safety and Criminal Justice Reform Finance and Policy to which was referred:

 

H. F. No. 167, A bill for an act relating to judiciary; modifying requirement for presentence investigation and written report; amending Minnesota Statutes 2020, sections 244.10, subdivision 1; 609.115, subdivisions 1, 2, 8.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

LAWFUL SPORTS BETTING

 

Section 1.  [299L.10] DEFINITIONS.

 

Subdivision 1.  Terms.  For the purposes of this chapter, the following terms have the meanings given them.

 

Subd. 2.  Athletic event.  "Athletic event" means a sports game, match, or activity, or series of games, matches, activities, or tournaments involving the athletic skill of one or more players or participants.  Athletic event does not include:

 

(1) horse racing as defined in section 240.01, subdivision 8;

 

(2) an esports event, activity, athletic event, or tournament organized by an elementary, middle, or high school, or by any youth activity sports program, league, or clinic; or

 

(3) a fantasy sports contest in which participants assemble teams of athletes or individuals and the winning outcome reflects the relative knowledge and skill of the participants and is determined predominantly by the accumulated statistical results of the performance of athletes or individuals in an actual event.

 

Subd. 3.  Authorized participant.  "Authorized participant" means an individual who has a valid mobile sports betting account with a mobile betting operator and is at least 18 years of age.


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8098

Subd. 4.  Casino.  "Casino" means an establishment in which gaming is lawfully conducted by an Indian Tribe in the state of Minnesota pursuant to the Indian Gaming Regulatory Act and in accordance with a Tribal gaming ordinance and applicable Tribal-state compacts.

 

Subd. 5.  Class III gaming.  "Class III gaming" has the meaning given in United States Code, title 25, section 2703.

 

Subd. 6.  College sports.  "College sports" means an athletic event in which at least one participant is a team or individual from a public or private institution of higher education.

 

Subd. 7.  Compact.  "Compact" means a Tribal-state compact governing the conduct of Class III gaming at a casino that is negotiated under the Indian Gaming Regulatory Act, Public Law 100-497, and future amendments to it.

 

Subd. 8.  Esports event.  "Esports event" means a competition between individuals or teams using video games in a game, match, contest, or series of games, matches, or contests, or a tournament, or by a person or team against a specified measure of performance which is hosted at a physical location or online that meets the following conditions:

 

(1) the video game does not simulate the play of a game classified as Class I, II, or III under the Indian Gaming Regulatory Act, Public Law 100-497, and future amendments to it;

 

(2) spectators are allowed to watch the competition in real time in person or online; and

 

(3) the video game is approved by the commissioner to be an event eligible for wagering under this chapter.

 

Subd. 9.  Indian Tribe.  "Indian Tribe" means the following federally recognized Tribes and any instrumentality, political subdivision, legal entity, or other organization through which any of them conducts business:

 

(1) the Fond du Lac Band;

 

(2) the Grand Portage Band;

 

(3) the Mille Lacs Band;

 

(4) the White Earth Band;

 

(5) the Bois Forte Band;

 

(6) the Leech Lake Band;

 

(7) the Red Lake Nation;

 

(8) the Upper Sioux Community;

 

(9) the Lower Sioux Indian Community;

 

(10) the Shakopee Mdewakanton Sioux Community; and

 

(11) the Prairie Island Indian Community.


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8099

Subd. 10.  In-game betting.  "In-game betting" means placing a mobile sports betting wager after an athletic event or esports event has started but before the outcome of the wager is determined.

 

Subd. 11.  Mobile application.  "Mobile application" means an application on a mobile phone or other device through which an individual is able to place an internet sports betting wager.

 

Subd. 12.  Mobile sports betting.  "Mobile sports betting" means operating, conducting, or offering for play sports betting through the Internet.

 

Subd. 13.  Mobile sports betting account.  "Mobile sports betting account" means an electronic ledger in which all of the following types of transactions relative to an authorized participant are recorded:

 

(1) deposits and credits;

 

(2) withdrawals;

 

(3) mobile sports betting wagers;

 

(4) monetary value of winnings;

 

(5) service or other transaction related charges authorized by the authorized participant, if any;

 

(6) adjustments to the account;

 

(7) promotional activity; and

 

(8) responsible gaming parameters.

 

Subd. 14.  Mobile sports betting master licensee.  "Mobile sports betting master licensee" means an entity comprised of Indian Tribes located in Minnesota that is licensed pursuant to a master sports betting license and enters into operational agreements with mobile sports betting operators that operate, conduct, or offer mobile sports betting.

 

Subd. 15.  Mobile sports betting operator.  "Mobile sports betting operator" means an Indian Tribe or entity comprised of multiple Indian Tribes that receives a license from the commissioner to operate, conduct, or offer for play mobile sports betting under this chapter.

 

Subd. 16.  Mobile sports betting platform.  "Mobile sports betting platform" means an integrated system of hardware, software, or applications, including mobile applications and servers, through which a mobile sports betting operator operates, conducts, or offers sports betting through the Internet.

 

Subd. 17.  Mobile sports betting platform provider.  "Mobile sports betting platform provider" means a sports betting supplier that contracts with a mobile sports betting operator to provide a mobile sports betting platform.

 

Subd. 18.  Participant in an athletic event.  "Participant in an athletic event" means a person participating in an athletic event as a player, coach, or official, or who is an owner or officer of a team participating in an athletic event or the league or organization organizing the athletic event.

 

Subd. 19.  Sports betting. (a) "Sports betting" means wagering on the outcome of an athletic event or esports event that is:

 

(1) organized by a professional sports organization, internationally recognized sports organization, or a postsecondary educational institution or group of postsecondary educational institutions; and


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8100

(2) approved by the commissioner to be an event eligible for wagering under this act.

 

(b) Sports betting includes but is not limited to single-game bets, futures bets, teaser bets, parlay bets, over‑under, money line, in-game betting, proposition bets, straight bets, and futures bets placed on end of the season standings, awards, or statistics.

 

(c) A contract for insurance on the life or health of a participant in an athletic event or a participant in an esports event is not sports betting for purposes of this chapter.

 

(d) A private social bet as described in section 609.75, subdivision 3, clause (5), is not sports betting regulated under this chapter.

 

Subd. 20.  Wager.  "Wager" means a transaction between an individual and a licensed mobile sports betting operator in which an individual pays, deposits, or risks cash or cash equivalent during sports betting on an uncertain outcome of an athletic event or esports event.

 

Sec. 2.  [299L.15] SCOPE.

 

Subdivision 1.  Exclusive means of sports betting.  This chapter sets forth the exclusive means by which sports betting may be lawfully conducted, other than Class III sports betting conducted by an Indian Tribe pursuant to a Tribal-state compact.

 

Subd. 2.  Unlawful sports betting.  It is unlawful to wager on an athletic event or esports event, or engage in sports betting except in compliance with the terms, conditions, limitations, and restrictions of this chapter or the rules adopted under this chapter, other than Class III sports betting conducted by an Indian Tribe pursuant to a Tribal-state compact.

 

Subd. 3.  Inapplicability to sports betting on Indian lands.  This chapter, except for the provisions authorizing the negotiations of Tribal-state compacts, does not apply to sports betting conducted exclusively on Indian lands by an Indian Tribe conducted pursuant to a Tribal gaming ordinance approved by the National Indian Gaming Commission and a Tribal-state compact.

 

Sec. 3.  [299L.20] POWERS AND DUTIES OF COMMISSIONER.

 

Subdivision 1.  Regulate sports betting.  The commissioner has the power and duty to regulate sports betting authorized under this chapter to ensure that mobile sports betting is conducted in a fair and lawful manner and to take all necessary actions sufficient to administer and enforce this chapter.

 

Subd. 2.  Rulemaking.  (a) The commissioner must adopt and enforce rules to ensure that sports betting is conducted in a manner that is fair and transparent to authorized participants.  Rules must be consistent with this chapter and address the following subjects:

 

(1) the manner in which wagers are accepted and payouts are remitted;

 

(2) the manner in which betting lines are communicated to the public;

 

(3) the calculation of gross sports betting revenue and standards for daily counting and recording of cash and cash equivalents received in the conduct of sports betting;

 

(4) the method of accounting to be used by mobile sports betting operators;


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8101

(5) the types of records that shall be kept by mobile sports betting operators;

 

(6) the use of wager accounts, debit cards, and checks by authorized participants provided that the rules permit an authorized participant to fund a wager account through bonuses or promotions, electronic bank transfer, an online or mobile payment system that supports online money transfers, reloadable or prepaid cards, and any other appropriate means approved by the commissioner other than the use of credit cards;

 

(7) the appropriate standards and practices to prevent and address compulsive and problem gambling;

 

(8) the athletic events and esports events on which wagers are authorized to be placed;

 

(9) the requirements for mobile sports betting hub and mobile sports betting operator licenses may include criminal and financial background checks, financial disclosure and auditing requirements, data practices and security requirements, bonding or other surety requirements, and the conduct of inspections;

 

(10) the requirements for equipment and distributor licenses to provide equipment and supplies used in sports betting;

 

(11) the registration requirements for employees of mobile sports betting hubs and mobile sports betting operators, including criminal background checks; and

 

(12) the license requirements for mobile sports betting platform providers.

 

(b) Rules for which notice is published in the State Register before January 1, 2023, may be adopted using the expedited rulemaking process in section 14.389.

 

Subd. 3.  Cease and desist orders.  (a) Unless the commissioner is authorized to summarily suspend a license pursuant to section 299L.50, subdivision 2, whenever it appears to the commissioner that any person has engaged or is about to engage in any action or practice constituting a violation of this chapter or any rule or order, the commissioner shall issue and cause to be served upon the person an order requiring the person to cease and desist from violations of this chapter or rule or order.  The order must give reasonable notice of the rights of the person to request a hearing and must state the reason for the issuance of the order.  If no hearing is requested within 30 days of the service of the order, the order becomes final and remains in effect until modified or vacated by the commissioner.  Unless otherwise agreed upon between the parties, a hearing shall be held not later than seven days after the request for a hearing is received by the commissioner.  Such hearing shall be conducted in accordance with the provisions of chapter 14.  If the person to whom the cease and desist order is issued fails to appear at the hearing after being duly notified, the person shall be deemed in default, and the proceeding may be determined against the person upon consideration of the cease and desist order, the allegations of which may be deemed to be true.  Within 20 days after the receipt of the administrative law judge's report and subsequent exceptions and argument, the commissioner shall issue an order vacating the cease and desist order, modifying it, or making it permanent as the facts require.

 

(b) Whenever it appears to the board that any person has engaged or is about to engage in any act or practice that violates this chapter or any rule or order and the cease and desist procedures have been exhausted, the commissioner may bring action in the district court of the appropriate county to enjoin the acts or practices and to enforce compliance with this chapter or any rule or order.  Upon a proper showing, a permanent or temporary injunction, restraining order, or writ of mandamus may be granted.  The court may not require the commissioner to post a bond.

 

Subd. 4.  Court orders.  In the event of a refusal to appear by, or refusal to obey a subpoena issued to, any person under this chapter, the district court may on application of the commissioner issue to the person an order directing the person to appear before the commissioner and to produce documentary evidence if so ordered or to give evidence relating to the matter under investigation or in question.  Failure to obey such an order may be punished by the court as contempt of court.


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8102

Subd. 5.  Delegation.  The commissioner may delegate any of its authority under this chapter to the director if, in the judgment of the commissioner, doing so would promote the efficient administration of this chapter.

 

Sec. 4.  [299L.25] MOBILE SPORTS BETTING LICENSES.

 

Subdivision 1.  Master mobile sports betting license.  (a) The commissioner shall issue up to two master mobile sports betting licenses valid for 20 years to applicants who:

 

(1) are organizations comprised of two or more Indian Tribes;

 

(2) submit a completed application in the form required by rule adopted pursuant to subdivision 3;

 

(3) submit all documents required by rule adopted pursuant to section 299L.20;

 

(4) are not disqualified under section 299L.35;

 

(5) pass the financial and criminal background checks under section 299L.35; and

 

(6) meet any other conditions required by rule adopted pursuant to section 299L.20.

 

(b) If the commissioner issues a master mobile sports betting license under paragraph (a), the commissioner shall issue no more than:

 

(1) one master mobile sports betting license to a Tribal entity that includes Indian Tribes with their principal headquarters located north of marked Interstate Highway 94; and

 

(2) one master mobile sports betting license to a Tribal entity that includes Indian Tribes with their principal headquarters located south of marked Interstate Highway 94.

 

(c) The commissioner may not issue a license under this section unless an operational agreement signed by ..... has been filed with the commissioner.  An operational agreement, executed pursuant to this paragraph, is not subject to section 13.05, subdivision 6 or 11.

 

(d) A master mobile sports betting license issued under this subdivision is renewable every 20 years under conditions required by rule adopted pursuant to section 299L.20.

 

Subd. 2.  Mobile sports betting operator licenses.  (a) Consistent with the requirements of this subdivision, a master mobile sports betting license holder may contract through an inter-Tribal compact with a mobile sports betting operator to operate, conduct, or offer for play mobile sports betting.

 

(b) A master sports betting license holder licensed under subdivision 1, paragraph (b), clause (1), may contract with up to seven mobile sports betting operators.  A master sports betting license holder licensed under subdivision 1, paragraph (b), clause (2), may contract with up to four mobile sports betting operators.

 

(c) A master mobile sports betting license holder may only contract through an inter-Tribal compact with a mobile sports betting operator that:

 

(1) is an entity wholly owned and controlled by an Indian Tribe or an entity wholly owned and controlled by multiple Indian Tribes;

 

(2) meets all licensing requirements of subdivision 1, paragraph (a);


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8103

(3) submits all of the required documents included in subdivision 3 to the licensee and commissioner;

 

(4) complies with all applicable laws, rules, and orders; and

 

(5) pays an annual sublicensing fee in the amount of $2,125 directly to the commissioner.

 

(d) A mobile sports betting operator is prohibited from contracting with more than one mobile sports betting platform provider.

 

(e) A mobile sports betting operator shall submit an application on a form prescribed by the commissioner pursuant to subdivision 3.  The mobile sports betting operator shall also include a detailed plan and specifications for the implementation of sports betting and a statement of assets and liabilities of the applicant.

 

Subd. 3.  Application.  An application for a master mobile sports betting license must be on a form the commissioner prescribes.  The application must contain:

 

(1) the name and address of the applicant and, if it is a corporation, the names of all officers, directors, and shareholders of the corporation and any of its holding companies;

 

(2) if required by the commissioner, the names of any person holding directly, indirectly, or beneficially an interest of any kind in the applicant or any of its holding corporations, whether the interest is financial, administrative, policy making, or supervisory, provided that this provision does not extend to individual Tribal members whose only relation to the applicant is their membership in their respective Tribal nations;

 

(3) an affidavit executed by the applicant setting forth that, to the best of the applicant's knowledge, no officer, director, or other person with a present direct or indirect financial or management interest in the applicant:

 

(i) is in default in the payment of an obligation or debt to the state;

 

(ii) has ever been convicted of a felony in a state or federal court or has a state or federal felony charge pending;

 

(iii) is or has been convicted of engaging in an illegal business;

 

(iv) has ever been found guilty of fraud or misrepresentation in connection with wagering; or

 

(v) has ever knowingly violated a rule or order of the commissioner or a law of Minnesota relating to wagering;

 

(4) an irrevocable consent statement, signed by the applicant, which states that suits and actions limited to the enforcement of this chapter may be commenced against the applicant by the commissioner, pursuant to section 299L.20, in any court of competent jurisdiction in this state by the service on the secretary of state of any summons, process, or pleadings authorized by the laws of this state.  If any summons, process, or pleadings is served upon the secretary of state, it must be by duplicate copies.  One copy must be retained in the Office of the Secretary of State and the other copy must be forwarded immediately by certified mail to the address of the applicant, as shown by the records of the commissioner; and

 

(5) a declaration that the laws of the state of Minnesota will be followed, including any applicable provisions of the Minnesota Human Rights Act, chapter 363A.

 

Subd. 4.  Responsibility for satisfying winning wagers.  A wager on an athletic event or esports event placed with a mobile sports betting operator is an enforceable contract.  A mobile sports betting operator who accepts a wager bears all risk of loss to satisfy winnings on the wager.  A wager that is not redeemed within one year of the outcome that is the subject of the wager may be canceled by the mobile sports betting operator and its sports betting platform provider.


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8104

Subd. 5.  Cash reserves.  A mobile sports betting operator shall, in conjunction with the mobile sports betting platform provider, maintain cash reserves in an amount that is not less than the greater of $25,000 or the sum of the following three amounts:

 

(1) amounts held by the mobile sports betting operator for the accounts of authorized participants;

 

(2) amounts accepted by the mobile sports betting operator as wagers on contingencies whose outcome have not been determined; and

 

(3) amounts owed but unpaid by the mobile sports betting operator on winning wagers through the period established by the operator, subject to time limits set by the commissioner, for honoring winning wagers.

 

Subd. 6.  Bond.  A mobile sports betting operator or mobile sports betting platform provider shall be required to post a bond, securities, or an irrevocable letter of credit, in an amount the commissioner deems necessary after taking into consideration the amount of the mobile sports betting operator's cash reserves, to protect the financial interests of people wagering on athletic events or esports events.  If securities are deposited or an irrevocable letter of credit filed, the securities or letter of credit must be of a type or in the form provided under section 349A.07, subdivision 5, paragraphs (b) and (c).

 

Subd. 7.  Contracting with equipment providers.  A mobile sports betting operator may contract with mobile sports betting platform providers, licensed under section 299L.30, to facilitate the acceptance of wagers on behalf of the mobile sports betting operator.

 

Subd. 8.  Reporting.  A mobile sports betting operator must report to the commissioner monthly on wagers placed and redeemed during the reporting month and outstanding at the time of the report.

 

Subd. 9.  Changes in ownership or management.  If a change in the officers, directors, shareholders, or other persons with a present or future direct or indirect financial or management interest in the master mobile sports betting licensee or mobile sports betting operator licensee, or a change of ownership of more than five percent of the shares of the licensee is made after the application for a master mobile sports betting license or mobile sports betting operator license is filed or a license issued, the applicant or licensee must notify the commissioner of the changes within ten days of their occurrence and submit a new affidavit as required by subdivision 3, clause 4.

 

Sec. 5.  [299L.30] MOBILE SPORTS BETTING PLATFORM PROVIDER AND SERVICE PROVIDER LICENSE.

 

Subdivision 1.  License required.  A mobile sports betting platform provider or services provider license is required to provide sports betting platforms, sports betting technology, sports betting applications, or associated mobile sports betting hardware, software, or equipment.

 

Subd. 2.  Issuance; renewal.  (a) The commissioner shall issue or renew mobile sports betting platform provider or service provider licenses to an applicant who:

 

(1) is not disqualified under section 299L.35;

 

(2) submits an application on a form required by rule adopted pursuant to section 299L.20;

 

(3) submits documents required by rule adopted pursuant to section 299L.20;

 

(4) passes criminal and financial background checks as described in section 299L.35 and as required by rule adopted pursuant to section 299L.20;


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8105

(5) pays an application fee of $6,000 with submission of an application;

 

(6) pays a license fee after the application is approved in the amount of $38,250 or a license renewal fee of $8,500; and

 

(7) meets other conditions required by rule adopted pursuant to section 299L.20.

 

(b) A license under paragraph (a) is annually renewable under conditions required by rule adopted pursuant to section 299L.20.

 

Sec. 6.  [299L.35] LICENSE DISQUALIFICATION; BACKGROUND CHECKS; NOTICE OF DENIAL OF APPLICATION.

 

Subdivision 1.  Disqualifications.  The commissioner may reject an application, refuse to renew a license, or act, after following the provisions of subdivision 4, to revoke a license if the applicant or licensee, or a director, officer, partner, member of the governing body for the applicant or licensee, person in a supervisory or management position of the applicant or licensee, or direct or indirect holder of more than five percent financial interest in the applicant or licensee:

 

(1) has ever been convicted of a felony or a crime involving gambling;

 

(2) owes $500 or more in delinquent taxes as defined in section 270C.72;

 

(3) had a sale and use tax permit revoked by the commissioner of revenue within the past two years;

 

(4) after demand, has not filed tax returns required by the commissioner of revenue; or

 

(5) has been convicted of a felony or gross misdemeanor involving theft or fraud.

 

Subd. 2.  Background investigation.  The commissioner shall perform a background investigation on applicants for a license under this chapter.  The commissioner may request the director of alcohol and gambling enforcement and the commissioner of revenue to assist in investigating the background of an applicant or a licensee under this section.  The commissioner may charge an applicant an investigation fee to cover the cost of the investigation and shall from this fee reimburse the Division of Alcohol and Gambling Enforcement and the Department of Revenue for their respective shares of the cost of the investigation.  The commissioner is authorized to have access to all data compiled by the Division of Alcohol and Gambling Enforcement on licensees and applicants.

 

Subd. 3.  Criminal history.  The commissioner must perform a criminal history records check on each officer, director, or stakeholder with more than 15 percent interest in the licensee or applicant.  The records check must include a criminal history check of the state and federal criminal records.  The applicant or licensee must provide signed consent for the national and international criminal history records check and fingerprints for each person subject to a check under this subdivision.  The director shall assist in performing the criminal history records check.  The director may charge an applicant a fee to cover the cost of the criminal history records check, and shall from this fee reimburse the Division of Alcohol and Gambling Enforcement for its share of the cost of the investigation.  The commissioner or the director must submit the signed informed consent, fingerprints, and Bureau of Criminal Apprehension and Federal Bureau of Investigation fees to the superintendent of the Bureau of Criminal Apprehension who is authorized to exchange the fingerprints with the Federal Bureau of Investigation to obtain the applicant's national criminal history data.  The superintendent of the Bureau of Criminal Apprehension shall retrieve Minnesota criminal history data and shall provide the results of the state, federal, and international criminal history check to the director.  The commissioner is authorized to have access to all criminal history data compiled on


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8106

licensees and applicants by the Division of Alcohol and Gambling Enforcement.  An individual who has submitted to a criminal background check in this or any other state within the previous 12 months shall not be required to submit to another criminal background check provided that the person submits the results of such previous criminal background check and affirms that there has been no material change in the individual's criminal history since the time of the criminal background check.

 

Subd. 4.  Notice of denial of issuance or renewal of mobile sports betting master license or mobile sports betting operator license.  If the commissioner determines that a license application or renewal under this chapter shall be denied, a license shall be revoked or suspended, or a licensee censured, the commissioner shall promptly give a written notice to the licensee or applicant stating grounds for the action and giving reasonable notice of the rights of the licensee or applicant to request a hearing.  Enforcement actions, license revocations, or license nonrenewals related to a specific mobile sports betting operator shall not impact or limit the ability of another mobile sports betting operator to conduct, offer, or offer for play mobile sports betting.  A hearing must be held not later than 30 days after the commissioner receives the request for the hearing, unless the licensee or applicant and the commissioner agree on a later date.  If the applicant or licensee does not request a hearing within 30 days of the service of the notice, the denial becomes final.  Hearings under this subdivision must be conducted according to chapter 14.  After the hearing, the commissioner may enter an order making such disposition as the facts require.  If the applicant or licensee fails to appear at the hearing after having been notified of it under this subdivision, the applicant is considered in default and the proceeding may be determined against the person on consideration of the written notice of denial, the allegations of which may be considered to be true.  All fees accompanying the license or renewal application are considered earned and are not refunded.

 

Sec. 7.  [299L.40] WAGERING.

 

Subdivision 1.  Wager type.  A mobile sports betting operator may only accept wagers of a type previously approved by the commissioner.  Wager types that the commissioner may approve include but are not limited to the following:

 

(1) a wager that a participant or participating team will win an athletic event or will win by a specified number of points;

 

(2) a wager as to whether the total points scored in an athletic event will be higher or lower than a number specified;

 

(3) a wager on an outcome contingency or proposition incidental to an athletic event, series, tournament, or season for which the outcome is published in newspapers of general circulation or in records made publicly available by the league or governing body for the event;

 

(4) a wager on the outcome of a series of two or more athletic events or a series of two or more contingencies incidental to an athletic event;

 

(5) in-game betting;

 

(6) futures bets placed on end of the season standings, awards, or statistics; and

 

(7) a wager that a participant or participating team will win an esports event or will win by a specified number of points.

 

Subd. 2.  Consideration; wager account.  (a) A mobile sports betting operator must not accept a wager unless the authorized participant provides consideration at the time of making the wager.


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8107

(b) Consideration must be in the form of withdrawal from a wager account maintained by the mobile sports betting operator for the benefit of and in the name of the wagerer.

 

(c) A person shall have the right to withdraw the balance of the wager account in the person's name at any time with proof of identity, as determined by rules adopted pursuant to section 299L.20.

 

Subd. 3.  Wager location.  Mobile sports betting wagers regulated under this chapter may only be accepted from a person placing a wager online, through a website or mobile application, while the person placing the wager is physically within the state.  The website or application may be hosted by a mobile sports betting operator operating in conjunction with a mobile sports betting platform provider.

 

Subd. 4.  Information provided at the time of wager.  A mobile sports betting operator must disclose the betting line and terms of a wager prior to accepting a wager.  Terms of the wager include the ratio of the amount to be paid for winning to the wagered amount.

 

Subd. 5.  Outcome determined.  A mobile sports betting operator must not accept a wager on the outcome of an event or proposition that has already been determined.

 

Subd. 6.  Receipt.  A mobile sports betting operator must provide a person who places a wager with an electronic receipt at the time of sale that contains the following information:

 

(1) the athletic event, esports event, or proposition that is the subject of the wager;

 

(2) the outcome that will constitute a win on the wager;

 

(3) the amount wagered; and

 

(4) the payout in the event of a winning wager.

 

Sec. 8.  [299L.45] DEPOSIT AND APPROPRIATION OF FEES.

 

(a) Application fees paid pursuant to section 299L.30 are deposited into a special revenue account and are appropriated annually to the commissioner for administering review of license applications and renewals.

 

(b) License and renewal fees paid pursuant to section 299L.25 or 299L.30 shall be deposited in the general fund.

 

Sec. 9.  [299L.50] ENFORCEMENT; LICENSE VIOLATIONS.

 

Subdivision 1.  Schedule of penalties.  The commissioner must adopt rules that provide a graduated schedule of penalties for violations of license requirements under statute or rule.  The schedule must specify penalties that may range from warnings and probation periods to civil fines, temporary suspension of licenses, or revocation of licenses.

 

Subd. 2.  Imposition of penalty.  After a hearing, the commissioner may impose a penalty from the schedule of penalties that is commensurate with the violation.  The commissioner may only suspend a license prior to a hearing when conduct of a licensee, or anticipated failure of a licensee to fulfill an obligation, requires immediate action to protect the public from harm.  The commissioner may summarily suspend a license of a licensee:

 

(1) if the licensee has not timely filed a tax return or paid the tax required under chapter 297J;


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8108

(2) if doing so is supported by clear and convincing evidence that such summary suspension is necessary to ensure the fairness, lawfulness, and integrity of sports betting; or

 

(3) if the licensee has not timely paid all fees due under this chapter.

 

Subd. 3.  Civil penalty.  (a) Commission of a crime under section 299L.80 is a violation of a license issued under this chapter.

 

(b) A penalty may be imposed by the commissioner under this chapter in addition to any civil penalty imposed by the same conduct under section 299L.80.

 

Subd. 4.  Civil penalties paid to the commissioner.  Civil penalties collected by the commissioner shall be deposited in the general fund.

 

Subd. 5.  Contested case.  A civil penalty in excess of $2,000 is a contested case under chapter 14.

 

Subd. 6.  Appeal.  An appeal from a decision of the commissioner must be made in a manner prescribed by sections 14.63 to 14.69.

 

Sec. 10.  [299L.55] AUDITING AND INSPECTION.

 

Subdivision 1.  Annual audit.  To ensure compliance with this chapter and rules adopted under this chapter, a mobile sports betting operator must contract with an independent third party to perform a financial audit, consistent with the standards established by the Public Company Accounting Oversight Board or using the Statements on Accounting standards issued by the Audit Standards Board of the American Institute of Certified Public Accountants.  The mobile sports betting operator must submit the audit to the commissioner for examination and inspection within 120 days of the end of its fiscal year.

 

Subd. 2.  Inspection.  The commissioner, the commissioner of revenue, and the director are authorized to inspect the accounting records of a mobile sports betting operator at any time provided the mobile sports betting operator is given notice at least 24 hours before the inspection.  This provision only applies to mobile sports betting operations and does not authorize the inspection of records related to Tribal gaming operations, Tribal governmental records, or Class III sports betting operations conducted exclusively on Indian lands.

 

Sec. 11.  [299L.60] REPORTING.

 

Subdivision 1.  Financial report.  By June 1 of each year, the commissioner must submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over public safety, the legislative committees with jurisdiction over taxes, the committee in the house of representatives with jurisdiction over commerce, the committee in the senate with jurisdiction over state government finance and policy, the committee in the house of representatives with jurisdiction over ways and means, and the committee in the senate with jurisdiction over finance.  The report must describe the activities of the commissioner with respect to wagering on athletic events and esports events and include summary financial information on sports betting and the regulated sports betting industry as a whole.  The report must not include information or data on individuals or entities that is classified as private data under section 299L.70 or separately list the earnings, wagers, or tax revenue generated by or use identifying information for specific mobile sports betting operators or specific master mobile sports betting licensees.

 

Subd. 2.  License activity report.  By February 1 of each year beginning in 2023, the commissioner shall submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over public safety, the committee in the house of representatives with jurisdiction over commerce, and the committee in the senate with jurisdiction over state government finance and policy on the following:


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8109

(1) the status of applications for licenses issued by the commissioner, including the number of applications for each type of license, the number of licenses of each type issued, and the average time between receipt of a complete application and issuance of each type of license;

 

(2) an overview of the sports betting market, including but not limited to the actual and anticipated demand;

 

(3) the amount of revenue generated to the state by sports betting and the expenses incurred by the commissioner in enforcing restrictions on lawful sports betting; and

 

(4) the commissioner's enforcement actions taken against persons licensed under this chapter for violations of this chapter or the rules adopted under this chapter.

 

Sec. 12.  [299L.65] EXCLUSION LIST AND PROHIBITION ON WAGERING.

 

Subdivision 1.  Exclusion list.  (a) The commissioner shall maintain a list of persons who are not eligible to wager on athletic events or esports events through a mobile or online wager.  The list shall include the names of:

 

(1) persons who have themselves requested to be on the exclusion list;

 

(2) persons whose names have been submitted, for their protection, by their legal guardians; and

 

(3) persons whose names have been submitted by mobile sports betting operators, mobile sports betting platform providers, or mobile sports betting vendors.

 

(b) The information contained on the list is private data on individuals, as defined in section 13.02, subdivision 12, except the commissioner is permitted to share the list with mobile sports betting operators as needed to prevent persons on the exclusion list from placing sports betting wagers.

 

Subd. 2.  Prohibition on wagering.  A mobile sports betting operator shall not accept a wager from a person on the exclusion list or allow a person on the exclusion list to establish a mobile sports betting account.  Knowingly accepting a wager from a person on the exclusion list is a license violation, subject to a penalty established by the commissioner.

 

Sec. 13.  [299L.70] DATA PROTECTIONS.

 

Subdivision 1.  Classification.  Data in which an individual who has wagered on athletic events or esports events is identified by name, account number, Social Security number, or any other uniquely identifying indicia, is private data on individuals, as defined in section 13.02, subdivision 12.  Data on individual earnings of mobile sports betting operators, mobile sports betting operator application and licensing information, and all Tribal revenue records unassociated with mobile sports betting operators is nonpublic data, as defined in section 13.02, subdivision 9.

 

Subd. 2.  Sale of private data on individuals.  The commissioner shall revoke any license issued under this chapter of a person who sells private data on the individuals collected through the practice of sports betting.

 

Sec. 14.  [299L.75] LOCAL RESTRICTIONS; PROHIBITION ON LOCAL TAXES OR FEES.

 

No political subdivision may require a local license to offer sports betting or impose a tax or fee on the sports betting conducted pursuant to this chapter.


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8110

Sec. 15.  INDIAN TRIBES; COMPACTS TO BE NEGOTIATED.

 

The governor or the governor's designated representatives shall negotiate in good faith new Tribal-state compacts regulating the conduct of Class III sports betting on the Indian Lands of an Indian Tribe requesting negotiations, under Minnesota Statutes, section 3.9221.  Compacts in effect on January 1, 2022, shall not be modified to accommodate sports betting.

 

Sec. 16.  EFFECTIVE DATE.

 

This article is effective the day following final enactment.

 

ARTICLE 2

TAXATION OF SPORTS BETTING

 

Section 1.  Minnesota Statutes 2020, section 290.0131, is amended by adding a subdivision to read:

 

Subd. 19.  Nontaxable sports betting losses.  Losses from the business of conducting wagering on an athletic event or esports event under chapter 299L that are not subject to tax under this chapter are an addition.

 

Sec. 2.  Minnesota Statutes 2020, section 290.0132, is amended by adding a subdivision to read:

 

Subd. 31.  Exempt sports betting income.  Income or gains from the business of conducting betting on an athletic event or esports event under chapter 299L that are not subject to tax under this chapter are a subtraction.

 

Sec. 3.  Minnesota Statutes 2020, section 290.0133, is amended by adding a subdivision to read:

 

Subd. 15.  Nontaxable sports betting losses.  Losses from the business of conducting betting on an athletic event or esports event under chapter 299L that are not subject to tax under this chapter are an addition.

 

Sec. 4.  Minnesota Statutes 2020, section 290.0134, is amended by adding a subdivision to read:

 

Subd. 20.  Exempt sports betting income.  Income or gains from the business of conducting betting on an athletic event or esports event under chapter 299L that are not subject to tax under this chapter are a subtraction.

 

Sec. 5.  [297J.01] DEFINITIONS.

 

Unless otherwise defined in this chapter, or unless the context clearly indicates otherwise, the following terms have the meanings given:

 

(1) "casino" has the meaning given in section 299L.10, subdivision 4;

 

(2) "commissioner" means the commissioner of revenue;

 

(3) "Internal Revenue Code" means the Internal Revenue Code as defined in section 289A.02, subdivision 7;

 

(4) "mobile sports betting operator" has the meaning given in section 299L.10, subdivision 15;

 

(5) "sports betting" has the meaning given in section 299L.10, subdivision 19;

 

(6) "sports betting net revenue" means the total of all cash received by a mobile sports betting operator from wagers on an athletic event or esports event, less promotional credits and free bets, less cash paid out as winnings and cash equivalent of noncash prizes paid out as winnings, and less federal excise taxes on sports wagering.  Sports betting net revenue does not include other cash received by a mobile sports betting operator for activities other than sports betting; and


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8111

(7) "wager" has the meaning given in section 299L.10, subdivision 20.

 

Sec. 6.  [297J.02] TAX ON SPORTS BETTING NET REVENUE.

 

Subdivision 1.  Tax imposed.  (a) Except as provided in paragraph (b), a tax is imposed on sports betting net revenue equal to ..... percent on wagers placed online through a website or mobile application, as allowed under section 299L.40.

 

(b) Any bets placed on Indian lands are not subject to state taxation.

 

Subd. 2.  Sports betting net revenue tax in lieu of other taxes.  Income derived by a mobile sports betting operator from the conduct of wagering on an athletic event or esports event is not subject to the tax imposed in chapter 290.  Wagers accepted by a mobile sports betting operator are not subject to the tax imposed in section 297A.62 or 297E.03.

 

Subd. 3.  Public information.  All records concerning the administration of taxes under this chapter are classified as public information.

 

Subd. 4.  Refunds.  A person who has, under this chapter, paid to the commissioner an amount of tax for a period in excess of the amount legally due for that period may file with the commissioner a claim for a refund of the excess.  The amount necessary to pay the refunds under this subdivision is appropriated from the general fund to the commissioner.

 

Subd. 5.  Extensions.  If in the commissioner's judgment good cause exists, the commissioner may extend the time for filing tax returns, paying taxes, or both under this section for not more than six months.

 

Subd. 6.  Distribution of funds.  (a) All amounts collected by the commissioner under this chapter must be deposited in the special revenue fund and distributed as provided in this subdivision.

 

(b) Ten percent of the amount deposited in the special revenue fund pursuant to paragraph (a) is appropriated to the commissioner of public safety for the Division of Alcohol and Gambling Enforcement to perform the duties described in sections 299L.10 to 299L.80.

 

(c) Forty percent of the amount deposited in the special revenue fund pursuant to paragraph (a) is appropriated to the commissioner of human services for the compulsive gambling treatment program established under section 245.98.

 

(d) Fifty percent of the amount deposited in the special revenue fund pursuant to paragraph (a) is appropriated to the Minnesota Amateur Sports Commission to administer grants.  The Minnesota Amateur Sports Commission may retain four percent of the total appropriation to administer the grants.  Grants issued under this paragraph must be for the following purposes:

 

(1) 20 percent of the amount appropriated under this paragraph is for grants to collegiate and amateur sports associations to promote the integrity of amateur sports; and

 

(2) 80 percent of the amount appropriated under this paragraph is for grants to organizations to promote and facilitate participation in youth sports in areas that have experienced a disproportionately high rate of juvenile crime.

 

Sec. 7.  [297J.03] MOBILE SPORTS BETTING OPERATOR REPORTS AND RECORDS.

 

Subdivision 1.  Reports.  A mobile sports betting operator must file with the commissioner, on a form prescribed by the commissioner, a report showing all mobile sports betting activity conducted by the mobile sports betting operator for each month.  Sports betting activity includes the amounts of all wagers received, payouts, and all


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8112

sports betting taxes owed or paid to the commissioner.  The report must be filed with the commissioner on or before the 20th day of the month following the month in which the sports betting activity takes place.  The commissioner shall prescribe the content, format, and manner of returns or other documents pursuant to section 270C.30.

 

Subd. 2.  Business records.  A mobile sports betting operator must maintain records supporting the sports betting activity reported to the commissioner.  Records required to be kept in this section must be preserved by the mobile sports betting operator for at least 3-1/2 years and may be inspected by the commissioner at any reasonable time without notice or a search warrant.

 

Subd. 3.  Audits.  The commissioner may require a financial audit of a mobile sports betting operator's sports betting activities if the mobile sports betting operator has failed to comply with this chapter as it relates to financial reporting.  Audits must be performed by an independent accountant licensed according to chapter 326A.  The commissioner must prescribe standards for an audit required under this subdivision.  A complete, true, and correct copy of an audit must be filed as prescribed by the commissioner.

 

Sec. 8.  [297J.04] OTHER PROVISIONS APPLY.

 

Except for those provisions specific to distributors, gambling products, or gambling equipment, sections 297E.11 to 297E.14 apply to this chapter.

 

Sec. 9.  EFFECTIVE DATE.

 

This article is effective for wagers placed on or after ..... .

 

ARTICLE 3

CRIMES RELATED TO SPORTS BETTING

 

Section 1.  [299L.80] CRIMES RELATING TO WAGERING ON SPORTING EVENTS.

 

Subdivision 1.  Definitions.  As used in this section:

 

(1) "accepts a wager" includes receiving, recording, or forwarding a wager or an offer to wager on an athletic event or esports event and attempts to do so;

 

(2) "mobile sports betting master licensee" has the meaning given in section 199L.10, subdivision 1, and includes a mobile sports betting operator;

 

(3) "nonpublic information" means information regarding a participant's ability or likelihood to perform in an athletic event or esports event that:

 

(i) is not available to the general public;

 

(ii) is derived from a personal or professional relationship with the participant; and

 

(iii) if the information was disseminated, would likely affect the odds of the participant or the participant's team in achieving a particular outcome in the event; and

 

(4) "places a wager" includes an offer or attempt to place a wager on an athletic event or esports event.

 

Subd. 2.  General prohibition.  Except as provided in this section, it is a crime for a person to place or accept a wager on an athletic event or esports event unless the wager is authorized under this chapter and:


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8113

(1) the wager is accepted:

 

(i) at a casino; or

 

(ii) online through a website or mobile application hosted by a mobile sports betting operator if the person placing the wager is physically present in the state; or

 

(2) the wager is placed:

 

(i) at a casino; or

 

(ii) online through a website or mobile application hosted by a mobile sports betting operator if the person placing the wager is physically present in the state.

 

Subd. 3.  Misdemeanor.  (a) Except as otherwise provided in subdivision 4 or 5, the following persons are guilty of a misdemeanor:

 

(1) a person who places a wager on an athletic event or esports event with a person or entity who is not licensed or authorized to accept wagers under this chapter;

 

(2) a person who is not licensed or authorized to accept wagers under this chapter who accepts a wager on an athletic event or esports event;

 

(3) a person who is under 18 years of age who places a wager on an athletic event or esports event;

 

(4) a person who is under 18 years of age who misrepresents the person's age as being 18 or older for the purposes of placing a wager on an athletic event or esports event;

 

(5) a person who is a participant in an athletic event or esports event and who places a wager on that event or who induces another to place a wager on the event on behalf of the person;

 

(6) a mobile sports betting operator or employee of a mobile sports betting operator, who places a wager on an athletic event or esports event on an online website or mobile application with which the person is affiliated;

 

(7) an officer, director, member, or employee of the Department of Public Safety or the division who places a wager on an athletic event or esports event;

 

(8) a person who possesses nonpublic information on an athletic event or esports event and who places a wager on that event;

 

(9) a person or entity who is licensed or authorized to accept wagers under this chapter, if the person or entity knowingly accepts a wager on an athletic event or esports event:

 

(i) from a participant in the event or someone placing a wager on the event on behalf of the participant;

 

(ii) from a mobile sports betting operator or employee of a mobile sports betting operator;

 

(iii) from an officer, director, member, or employee of the Department of Public Safety or the division;

 

(iv) from someone who possesses nonpublic information about the event; or


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8114

(v) of a type or in a manner that is not authorized under this chapter; and

 

(10) a person who sells or transfers private data on individuals collected through the practice of wagering on athletic events or esports events.

 

(b) Paragraph (a), clause (10), does not apply to the transfer of data between a mobile sports betting operator and the commissioner of public safety, the director of alcohol and gambling enforcement, or the commissioner of revenue when that transfer is necessary to perform duties prescribed by law relating to wagering on athletic events or esports events.

 

Subd. 4.  Gross misdemeanor.  Except as provided in subdivision 5, a person is guilty of a gross misdemeanor if:

 

(1) the person accepts a wager on an athletic event or esports event placed by someone under the age of 18 years; or

 

(2) the person accepts or places a wager on an athletic event or esports event and the wager is prohibited under subdivision 3, paragraph (a), clause (1), (2), (5), (6), (7), (8), or (9), and:

 

(i) the person has previously been convicted of a violation of this section; or

 

(ii) the amount of the wager is more than $500 but not more than $1,000.

 

Subd. 5.  Felony.  (a) Except as provided in paragraph (b), a person who accepts or places a wager prohibited under subdivision 3, paragraph (a), clause (1), (2), (5), (6), (7), (8), or (9); or 4, clause (1) or (2), item (i), is guilty of a felony and may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $4,000, or both; if the amount of the wager is more than $1,000 but not more than $5,000.

 

(b) A person is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, who:

 

(1) accepts or places a wager prohibited under subdivision 3, paragraph (a), clause (1), (2), (5), (6), (7), (8), or (9); or 4, clause (1) or (2), item (i); where the amount of the wager is more than $5,000; or

 

(2) accepts or places within any 30-day period more than five wagers on any one or more athletic events or esports events that total more than $2,500 and are prohibited in subdivision 3, paragraph (a), clause (1), (2), (5), (6), (7), (8), or (9); or 4, clause (1) or (2), item (i).

 

Subd. 6.  Aggregation; venue.  In any prosecution under subdivision 4 or 5, the amount of money wagered within any six-month period may be aggregated and the accused charged accordingly in applying the provisions of those subdivisions.  In addition, when two or more offenses are committed by the same person in two or more counties, the accused may be prosecuted in any county in which one of the offenses was committed for all of the offenses aggregated under this subdivision

 

Subd. 7.  Exception; certain private social bets.  Subdivisions 3, clauses (1), (2), (3), and (7); and 4, clause (1), do not prohibit private social bets on athletic events and esports events that are not part of or incidental to organized, commercialized, or systematic gambling.

 

Subd. 8.  Proof of age; defense; seizure of false identification.  (a) Proof of age for placing a wager under this chapter on an athletic event or esports event may be established only by one of the following:

 

(1) a valid driver's license or identification card issued by Minnesota, another state, a Tribal government, or a province of Canada, that includes the photograph and date of birth of the person;


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8115

(2) a valid military identification card issued by the United States Department of Defense;

 

(3) a valid United States passport;

 

(4) a valid instructional permit issued under section 171.05 that includes a photograph and the date of birth of the person;

 

(5) a Tribal identification;

 

(6) in the case of a foreign national, a valid passport; or

 

(7) use of an identity verification process approved by the commissioner and implemented by the mobile sports betting operator or mobile sports betting platform provider.

 

(b) In a prosecution for accepting a wager on an athletic event or esports event from a person under the age of 18, it is an affirmative defense for the defendant to prove by a preponderance of the evidence that the defendant reasonably and in good faith relied upon representations of proof of age authorized in paragraph (a).

 

(c) A mobile sports betting operator or employee of a mobile sports betting operator, or an official or employee of a casino authorized to accept wagers on athletic events and esports events under this chapter, may seize a form of identification listed under paragraph (a) if the person has reasonable grounds to believe that the form of identification has been altered or falsified or is being used to violate any law.  A person who seizes a form of identification under this paragraph must deliver it to a law enforcement agency within 24 hours of seizure.

 

Sec. 2.  [609.5551] SPORTING EVENTS; FRAUD; BRIBERY.

 

(a) As used in this section:

 

(1) "athletic event" has the meaning given in section 299L.10, subdivision 2;

 

(2) "esports event" has the meaning given in section 299L.10, subdivision 8; and

 

(3) "participant in an athletic event" has the meaning given in section 299L.10, subdivision 18.

 

(b) A person is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if the person:

 

(1) offers, gives, or promises to give, directly or indirectly, to a participant in an athletic event or an esports event any benefit, reward, or consideration to which the participant is not legally entitled as compensation or a prize, with intent to influence the performance of the participant, or the outcome of the event or a component of the event; or

 

(2) as a participant in an athletic event or esports event, requests, receives, or agrees to receive, directly or indirectly, a benefit, reward, or consideration to which the participant is not legally entitled to intentionally lose, cause to lose, or attempt to lose or cause to lose the event, or to intentionally perform below abilities to adversely affect the outcome of the event or a component of the event.

 

Sec. 3.  Minnesota Statutes 2020, section 609.75, subdivision 3, is amended to read:

 

Subd. 3.  What are not bets.  The following are not bets:

 

(1) a contract to insure, indemnify, guarantee or otherwise compensate another for a harm or loss sustained, even though the loss depends upon chance;


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8116

(2) a contract for the purchase or sale at a future date of securities or other commodities;

 

(3) offers of purses, prizes or premiums to the actual contestants in any bona fide contest for the determination of skill, speed, strength, endurance, or quality or to the bona fide owners of animals or other property entered in such a contest;

 

(4) the game of bingo when conducted in compliance with sections 349.11 to 349.23;

 

(5) a private social bet not part of or incidental to organized, commercialized, or systematic gambling;

 

(6) the operation of equipment or the conduct of a raffle under sections 349.11 to 349.22, by an organization licensed by the Gambling Control Board or an organization exempt from licensing under section 349.166;

 

(7) pari-mutuel betting on horse racing when the betting is conducted under chapter 240; and

 

(8) the purchase and sale of State Lottery tickets under chapter 349A; and

 

(9) a wager on the outcome or any aspect of an athletic event, as defined in section 299L.10, subdivision 2, or an esports event, as defined in section 299L.10, subdivision 8, and that may be legally wagered on under chapter 299L.

 

Sec. 4.  Minnesota Statutes 2020, section 609.75, is amended by adding a subdivision to read:

 

Subd. 7a.  Sporting event.  "Sporting event" means any professional or amateur sporting event except an athletic event, as defined in section 299L.10, subdivision 2, or an esports event, as defined in section 299L.10, subdivision 8.  The term does not include athletic events or esports events that may be legally wagered on under chapter 299L.

 

Sec. 5.  Minnesota Statutes 2020, section 609.755, is amended to read:

 

609.755 GAMBLING; MISDEMEANOR.

 

(a) Whoever does any of the following is guilty of a misdemeanor:

 

(1) makes a bet;

 

(2) sells or transfers a chance to participate in a lottery;

 

(3) disseminates information about a lottery, except a lottery conducted by an adjoining state, with intent to encourage participation therein;

 

(4) permits a structure or location owned or occupied by the actor or under the actor's control to be used as a gambling place; or

 

(5) except where authorized by statute, possesses a gambling device.

 

(b) Paragraph (a), clause (5) does not prohibit possession of a gambling device in a person's dwelling for amusement purposes in a manner that does not afford players an opportunity to obtain anything of value.

 

(c) This section does not apply to wagering on an athletic event, as defined in section 299L.10, subdivision 2, or an esports event, as defined in section 299L.10, subdivision 8, and that may be legally wagered on under chapter 299L.


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8117

Sec. 6.  Minnesota Statutes 2020, section 609.76, is amended by adding a subdivision to read:

 

Subd. 9.  Wagering on athletic events and esports events.  This section does not apply to wagering on an athletic event, as defined in section 299L.10, subdivision 2, or an esports event, as defined in section 299L.10, subdivision 8, and that may be legally wagered on under chapter 299L.

 

Sec. 7.  EFFECTIVE DATE.

 

Sections 1 to 6 are effective the day that sports betting becomes lawful under article 1 and applies to crimes committed on or after that date."

 

Delete the title and insert:

 

"A bill for an act relating to gambling; authorizing and providing for sports betting; establishing licenses; prohibiting local restrictions; providing for taxation of sports betting; providing civil and criminal penalties; requiring reports; amending Minnesota Statutes 2020, sections 290.0131, by adding a subdivision; 290.0132, by adding a subdivision; 290.0133, by adding a subdivision; 290.0134, by adding a subdivision; 609.75, subdivision 3, by adding a subdivision; 609.755; 609.76, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 299L; 609; proposing coding for new law as Minnesota Statutes, chapter 297J."

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Human Services Finance and Policy.

 

      The report was adopted.

 

 

Winkler from the Committee on Rules and Legislative Administration to which was referred:

 

H. F. No. 726, A bill for an act proposing an amendment to the Minnesota Constitution, article I, by adding a section; providing for gender equality under the law.

 

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

 

      The report was adopted.

 

 

Stephenson from the Committee on Commerce Finance and Policy to which was referred:

 

H. F. No. 778, A bill for an act relating to gambling; creating a sports wagering commission; providing for licensing of sports pool operators and sports wagering premises; establishing mobile and electronic sports pool licenses; prescribing the conduct of sports pools; prohibiting local restrictions; restricting participation in sports wagering; imposing an excise tax on sports wagers in lieu of the corporate tax; providing for the administration of the tax; requiring a report; amending Minnesota Statutes 2020, sections 290.0131, by adding a subdivision; 290.0132, by adding a subdivision; 290.0133, by adding a subdivision; 290.0134, by adding a subdivision; 297E.02, subdivision 3; 541.20; 541.21; proposing coding for new law as Minnesota Statutes, chapters 240B; 297J.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

LAWFUL SPORTS BETTING

 

Section 1.  [299L.10] DEFINITIONS.

 

Subdivision 1.  Terms.  For the purposes of this chapter, the following terms have the meanings given them.


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8118

Subd. 2.  Athletic event.  "Athletic event" means a sports game, match, or activity, or series of games, matches, activities, or tournaments involving the athletic skill of one or more players or participants.  Athletic event does not include:

 

(1) horse racing as defined in section 240.01, subdivision 8;

 

(2) an esports event, activity, athletic event, or tournament organized by an elementary, middle, or high school, or by any youth activity sports program, league, or clinic; or

 

(3) a fantasy sports contest in which participants assemble teams of athletes or individuals and the winning outcome reflects the relative knowledge and skill of the participants and is determined predominantly by the accumulated statistical results of the performance of athletes or individuals in an actual event.

 

Subd. 3.  Authorized participant.  "Authorized participant" means an individual who has a valid mobile sports betting account with a mobile betting operator and is at least 18 years of age.

 

Subd. 4.  Casino.  "Casino" means an establishment in which gaming is lawfully conducted by an Indian Tribe in the state of Minnesota pursuant to the Indian Gaming Regulatory Act and in accordance with a Tribal gaming ordinance and applicable Tribal-state compacts.

 

Subd. 5.  Class III gaming.  "Class III gaming" has the meaning given in United States Code, title 25, section 2703.

 

Subd. 6.  College sports.  "College sports" means an athletic event in which at least one participant is a team or individual from a public or private institution of higher education.

 

Subd. 7.  Compact.  "Compact" means a Tribal-state compact governing the conduct of Class III gaming at a casino that is negotiated under the Indian Gaming Regulatory Act, Public Law 100-497, and future amendments to it.

 

Subd. 8.  Esports event.  "Esports event" means a competition between individuals or teams using video games in a game, match, contest, or series of games, matches, or contests, or a tournament, or by a person or team against a specified measure of performance which is hosted at a physical location or online that meets the following conditions:

 

(1) the video game does not simulate the play of a game classified as Class I, II, or III under the Indian Gaming Regulatory Act, Public Law 100-497, and future amendments to it;

 

(2) spectators are allowed to watch the competition in real time in person or online; and

 

(3) the video game is approved by the commissioner to be an event eligible for wagering under this chapter.

 

Subd. 9.  Indian Tribe.  "Indian Tribe" means the following federally recognized Tribes and any instrumentality, political subdivision, legal entity, or other organization through which any of them conducts business:

 

(1) the Fond du Lac Band;

 

(2) the Grand Portage Band;

 

(3) the Mille Lacs Band;

 

(4) the White Earth Band;

 

(5) the Bois Forte Band;


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8119

(6) the Leech Lake Band;

 

(7) the Red Lake Nation;

 

(8) the Upper Sioux Community;

 

(9) the Lower Sioux Indian Community;

 

(10) the Shakopee Mdewakanton Sioux Community; and

 

(11) the Prairie Island Indian Community.

 

Subd. 10.  In-game betting.  "In-game betting" means placing a mobile sports betting wager after an athletic event or esports event has started but before the outcome of the wager is determined.

 

Subd. 11.  Mobile application.  "Mobile application" means an application on a mobile phone or other device through which an individual is able to place an internet sports betting wager.

 

Subd. 12.  Mobile sports betting.  "Mobile sports betting" means operating, conducting, or offering for play sports betting through the Internet.

 

Subd. 13.  Mobile sports betting account.  "Mobile sports betting account" means an electronic ledger in which all of the following types of transactions relative to an authorized participant are recorded:

 

(1) deposits and credits;

 

(2) withdrawals;

 

(3) mobile sports betting wagers;

 

(4) monetary value of winnings;

 

(5) service or other transaction related charges authorized by the authorized participant, if any;

 

(6) adjustments to the account;

 

(7) promotional activity; and

 

(8) responsible gaming parameters.

 

Subd. 14.  Mobile sports betting master licensee.  "Mobile sports betting master licensee" means an entity comprised of Indian Tribes located in Minnesota that is licensed pursuant to a master sports betting license and enters into operational agreements with mobile sports betting operators that operate, conduct, or offer mobile sports betting.

 

Subd. 15.  Mobile sports betting operator.  "Mobile sports betting operator" means an Indian Tribe or entity comprised of multiple Indian Tribes that receives a license from the commissioner to operate, conduct, or offer for play mobile sports betting under this chapter.

 

Subd. 16.  Mobile sports betting platform.  "Mobile sports betting platform" means an integrated system of hardware, software, or applications, including mobile applications and servers, through which a mobile sports betting operator operates, conducts, or offers sports betting through the Internet.


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8120

Subd. 17.  Mobile sports betting platform provider.  "Mobile sports betting platform provider" means a sports betting supplier that contracts with a mobile sports betting operator to provide a mobile sports betting platform.

 

Subd. 18.  Participant in an athletic event.  "Participant in an athletic event" means a person participating in an athletic event as a player, coach, or official, or who is an owner or officer of a team participating in an athletic event or the league or organization organizing the athletic event.

 

Subd. 19.  Sports betting.  (a) "Sports betting" means wagering on the outcome of an athletic event or esports event that is:

 

(1) organized by a professional sports organization, internationally recognized sports organization, or a postsecondary educational institution or group of postsecondary educational institutions; and

 

(2) approved by the commissioner to be an event eligible for wagering under this act.

 

(b) Sports betting includes but is not limited to single-game bets, futures bets, teaser bets, parlay bets, over‑under, money line, in-game betting, proposition bets, straight bets, and futures bets placed on end of the season standings, awards, or statistics.

 

(c) A contract for insurance on the life or health of a participant in an athletic event or a participant in an esports event is not sports betting for purposes of this chapter.

 

(d) A private social bet as described in section 609.75, subdivision 3, clause (5), is not sports betting regulated under this chapter.

 

Subd. 20.  Wager.  "Wager" means a transaction between an individual and a licensed mobile sports betting operator in which an individual pays, deposits, or risks cash or cash equivalent during sports betting on an uncertain outcome of an athletic event or esports event.

 

Sec. 2.  [299L.15] SCOPE.

 

Subdivision 1.  Exclusive means of sports betting.  This chapter sets forth the exclusive means by which sports betting may be lawfully conducted, other than Class III sports betting conducted by an Indian Tribe pursuant to a Tribal-state compact.

 

Subd. 2.  Unlawful sports betting.  It is unlawful to wager on an athletic event or esports event, or engage in sports betting except in compliance with the terms, conditions, limitations, and restrictions of this chapter or the rules adopted under this chapter, other than Class III sports betting conducted by an Indian Tribe pursuant to a Tribal-state compact.

 

Subd. 3.  Inapplicability to sports betting on Indian lands.  This chapter, except for the provisions authorizing the negotiations of Tribal-state compacts, does not apply to sports betting conducted exclusively on Indian lands by an Indian Tribe conducted pursuant to a Tribal gaming ordinance approved by the National Indian Gaming Commission and a Tribal-state compact.

 

Sec. 3.  [299L.20] POWERS AND DUTIES OF COMMISSIONER.

 

Subdivision 1.  Regulate sports betting.  The commissioner has the power and duty to regulate sports betting authorized under this chapter to ensure that mobile sports betting is conducted in a fair and lawful manner and to take all necessary actions sufficient to administer and enforce this chapter.


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8121

Subd. 2.  Rulemaking.  (a) The commissioner must adopt and enforce rules to ensure that sports betting is conducted in a manner that is fair and transparent to authorized participants.  Rules must be consistent with this chapter and address the following subjects:

 

(1) the manner in which wagers are accepted and payouts are remitted;

 

(2) the manner in which betting lines are communicated to the public;

 

(3) the calculation of gross sports betting revenue and standards for daily counting and recording of cash and cash equivalents received in the conduct of sports betting;

 

(4) the method of accounting to be used by mobile sports betting operators;

 

(5) the types of records that shall be kept by mobile sports betting operators;

 

(6) the use of wager accounts, debit cards, and checks by authorized participants provided that the rules permit an authorized participant to fund a wager account through bonuses or promotions, electronic bank transfer, an online or mobile payment system that supports online money transfers, reloadable or prepaid cards, and any other appropriate means approved by the commissioner other than the use of credit cards;

 

(7) the appropriate standards and practices to prevent and address compulsive and problem gambling;

 

(8) the athletic events and esports events on which wagers are authorized to be placed;

 

(9) the requirements for mobile sports betting hub and mobile sports betting operator licenses may include criminal and financial background checks, financial disclosure and auditing requirements, data practices and security requirements, bonding or other surety requirements, and the conduct of inspections;

 

(10) the requirements for equipment and distributor licenses to provide equipment and supplies used in sports betting;

 

(11) the registration requirements for employees of mobile sports betting hubs and mobile sports betting operators, including criminal background checks; and

 

(12) the license requirements for mobile sports betting platform providers.

 

(b) Rules for which notice is published in the State Register before January 1, 2023, may be adopted using the expedited rulemaking process in section 14.389.

 

Subd. 3.  Cease and desist orders.  (a) Unless the commissioner is authorized to summarily suspend a license pursuant to section 299L.50, subdivision 2, whenever it appears to the commissioner that any person has engaged or is about to engage in any action or practice constituting a violation of this chapter or any rule or order, the commissioner shall issue and cause to be served upon the person an order requiring the person to cease and desist from violations of this chapter or rule or order.  The order must give reasonable notice of the rights of the person to request a hearing and must state the reason for the issuance of the order.  If no hearing is requested within 30 days of the service of the order, the order becomes final and remains in effect until modified or vacated by the commissioner.  Unless otherwise agreed upon between the parties, a hearing shall be held not later than seven days after the request for a hearing is received by the commissioner.  Such hearing shall be conducted in accordance with the provisions of chapter 14.  If the person to whom the cease and desist order is issued fails to appear at the hearing after being duly notified, the person shall be deemed in default, and the proceeding may be determined against the


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8122

person upon consideration of the cease and desist order, the allegations of which may be deemed to be true.  Within 20 days after the receipt of the administrative law judge's report and subsequent exceptions and argument, the commissioner shall issue an order vacating the cease and desist order, modifying it, or making it permanent as the facts require.

 

(b) Whenever it appears to the board that any person has engaged or is about to engage in any act or practice that violates this chapter or any rule or order and the cease and desist procedures have been exhausted, the commissioner may bring action in the district court of the appropriate county to enjoin the acts or practices and to enforce compliance with this chapter or any rule or order.  Upon a proper showing, a permanent or temporary injunction, restraining order, or writ of mandamus may be granted.  The court may not require the commissioner to post a bond.

 

Subd. 4.  Court orders.  In the event of a refusal to appear by, or refusal to obey a subpoena issued to, any person under this chapter, the district court may on application of the commissioner issue to the person an order directing the person to appear before the commissioner and to produce documentary evidence if so ordered or to give evidence relating to the matter under investigation or in question.  Failure to obey such an order may be punished by the court as contempt of court.

 

Subd. 5.  Delegation.  The commissioner may delegate any of its authority under this chapter to the director if, in the judgment of the commissioner, doing so would promote the efficient administration of this chapter.

 

Sec. 4.  [299L.25] MOBILE SPORTS BETTING LICENSES.

 

Subdivision 1.  Master mobile sports betting license.  (a) The commissioner shall issue up to two master mobile sports betting licenses valid for 20 years to applicants who:

 

(1) are organizations comprised of two or more Indian Tribes;

 

(2) submit a completed application in the form required by rule adopted pursuant to subdivision 3;

 

(3) submit all documents required by rule adopted pursuant to section 299L.20;

 

(4) are not disqualified under section 299L.35;

 

(5) pass the financial and criminal background checks under section 299L.35; and

 

(6) meet any other conditions required by rule adopted pursuant to section 299L.20.

 

(b) If the commissioner issues a master mobile sports betting license under paragraph (a), the commissioner shall issue no more than:

 

(1) one master mobile sports betting license to a Tribal entity that includes Indian Tribes with their principal headquarters located north of marked Interstate Highway 94; and

 

(2) one master mobile sports betting license to a Tribal entity that includes Indian Tribes with their principal headquarters located south of marked Interstate Highway 94.

 

(c) The commissioner may not issue a license under this section unless an operational agreement signed by ..... has been filed with the commissioner.  An operational agreement, executed pursuant to this paragraph, is not subject to section 13.05, subdivision 6 or 11.


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8123

(d) A master mobile sports betting license issued under this subdivision is renewable every 20 years under conditions required by rule adopted pursuant to section 299L.20.

 

Subd. 2.  Mobile sports betting operator licenses.  (a) Consistent with the requirements of this subdivision, a master mobile sports betting license holder may contract through an inter-Tribal compact with a mobile sports betting operator to operate, conduct, or offer for play mobile sports betting.

 

(b) A master sports betting license holder licensed under subdivision 1, paragraph (b), clause (1), may contract with up to seven mobile sports betting operators.  A master sports betting license holder licensed under subdivision 1, paragraph (b), clause (2), may contract with up to four mobile sports betting operators.

 

(c) A master mobile sports betting license holder may only contract through an inter-Tribal compact with a mobile sports betting operator that:

 

(1) is an entity wholly owned and controlled by an Indian Tribe or an entity wholly owned and controlled by multiple Indian Tribes;

 

(2) meets all licensing requirements of subdivision 1, paragraph (a);

 

(3) submits all of the required documents included in subdivision 3 to the licensee and commissioner;

 

(4) complies with all applicable laws, rules, and orders; and

 

(5) pays an annual sublicensing fee in the amount of $2,125 directly to the commissioner.

 

(d) A mobile sports betting operator is prohibited from contracting with more than one mobile sports betting platform provider.

 

(e) A mobile sports betting operator shall submit an application on a form prescribed by the commissioner pursuant to subdivision 3.  The mobile sports betting operator shall also include a detailed plan and specifications for the implementation of sports betting and a statement of assets and liabilities of the applicant.

 

Subd. 3.  Application.  An application for a master mobile sports betting license must be on a form the commissioner prescribes.  The application must contain:

 

(1) the name and address of the applicant and, if it is a corporation, the names of all officers, directors, and shareholders of the corporation and any of its holding companies;

 

(2) if required by the commissioner, the names of any person holding directly, indirectly, or beneficially an interest of any kind in the applicant or any of its holding corporations, whether the interest is financial, administrative, policy making, or supervisory, provided that this provision does not extend to individual Tribal members whose only relation to the applicant is their membership in their respective Tribal nations;

 

(3) an affidavit executed by the applicant setting forth that, to the best of the applicant's knowledge, no officer, director, or other person with a present direct or indirect financial or management interest in the applicant:

 

(i) is in default in the payment of an obligation or debt to the state;

 

(ii) has ever been convicted of a felony in a state or federal court or has a state or federal felony charge pending;

 

(iii) is or has been convicted of engaging in an illegal business;


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8124

(iv) has ever been found guilty of fraud or misrepresentation in connection with wagering; or

 

(v) has ever knowingly violated a rule or order of the commissioner or a law of Minnesota relating to wagering;

 

(4) an irrevocable consent statement, signed by the applicant, which states that suits and actions limited to the enforcement of this chapter may be commenced against the applicant by the commissioner, pursuant to section 299L.20, in any court of competent jurisdiction in this state by the service on the secretary of state of any summons, process, or pleadings authorized by the laws of this state.  If any summons, process, or pleadings is served upon the secretary of state, it must be by duplicate copies.  One copy must be retained in the Office of the Secretary of State and the other copy must be forwarded immediately by certified mail to the address of the applicant, as shown by the records of the commissioner; and

 

(5) a declaration that the laws of the state of Minnesota will be followed, including any applicable provisions of the Minnesota Human Rights Act, chapter 363A.

 

Subd. 4.  Responsibility for satisfying winning wagers.  A wager on an athletic event or esports event placed with a mobile sports betting operator is an enforceable contract.  A mobile sports betting operator who accepts a wager bears all risk of loss to satisfy winnings on the wager.  A wager that is not redeemed within one year of the outcome that is the subject of the wager may be canceled by the mobile sports betting operator and its sports betting platform provider.

 

Subd. 5.  Cash reserves.  A mobile sports betting operator shall, in conjunction with the mobile sports betting platform provider, maintain cash reserves in an amount that is not less than the greater of $25,000 or the sum of the following three amounts:

 

(1) amounts held by the mobile sports betting operator for the accounts of authorized participants;

 

(2) amounts accepted by the mobile sports betting operator as wagers on contingencies whose outcome have not been determined; and

 

(3) amounts owed but unpaid by the mobile sports betting operator on winning wagers through the period established by the operator, subject to time limits set by the commissioner, for honoring winning wagers.

 

Subd. 6.  Bond.  A mobile sports betting operator or mobile sports betting platform provider shall be required to post a bond, securities, or an irrevocable letter of credit, in an amount the commissioner deems necessary after taking into consideration the amount of the mobile sports betting operator's cash reserves, to protect the financial interests of people wagering on athletic events or esports events.  If securities are deposited or an irrevocable letter of credit filed, the securities or letter of credit must be of a type or in the form provided under section 349A.07, subdivision 5, paragraphs (b) and (c).

 

Subd. 7.  Contracting with equipment providers.  A mobile sports betting operator may contract with mobile sports betting platform providers, licensed under section 299L.30, to facilitate the acceptance of wagers on behalf of the mobile sports betting operator.

 

Subd. 8.  Reporting.  A mobile sports betting operator must report to the commissioner monthly on wagers placed and redeemed during the reporting month and outstanding at the time of the report.

 

Subd. 9.  Changes in ownership or management.  If a change in the officers, directors, shareholders, or other persons with a present or future direct or indirect financial or management interest in the master mobile sports betting licensee or mobile sports betting operator licensee, or a change of ownership of more than five percent of the


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8125

shares of the licensee is made after the application for a master mobile sports betting license or mobile sports betting operator license is filed or a license issued, the applicant or licensee must notify the commissioner of the changes within ten days of their occurrence and submit a new affidavit as required by subdivision 3, clause 4.

 

Sec. 5.  [299L.30] MOBILE SPORTS BETTING PLATFORM PROVIDER AND SERVICE PROVIDER LICENSE.

 

Subdivision 1.  License required.  A mobile sports betting platform provider or services provider license is required to provide sports betting platforms, sports betting technology, sports betting applications, or associated mobile sports betting hardware, software, or equipment.

 

Subd. 2.  Issuance; renewal.  (a) The commissioner shall issue or renew mobile sports betting platform provider or service provider licenses to an applicant who:

 

(1) is not disqualified under section 299L.35;

 

(2) submits an application on a form required by rule adopted pursuant to section 299L.20;

 

(3) submits documents required by rule adopted pursuant to section 299L.20;

 

(4) passes criminal and financial background checks as described in section 299L.35 and as required by rule adopted pursuant to section 299L.20;

 

(5) pays an application fee of $6,000 with submission of an application;

 

(6) pays a license fee after the application is approved in the amount of $38,250 or a license renewal fee of $8,500; and

 

(7) meets other conditions required by rule adopted pursuant to section 299L.20.

 

(b) A license under paragraph (a) is annually renewable under conditions required by rule adopted pursuant to section 299L.20.

 

Sec. 6.  [299L.35] LICENSE DISQUALIFICATION; BACKGROUND CHECKS; NOTICE OF DENIAL OF APPLICATION.

 

Subdivision 1.  Disqualifications.  The commissioner may reject an application, refuse to renew a license, or act, after following the provisions of subdivision 4, to revoke a license if the applicant or licensee, or a director, officer, partner, member of the governing body for the applicant or licensee, person in a supervisory or management position of the applicant or licensee, or direct or indirect holder of more than five percent financial interest in the applicant or licensee:

 

(1) has ever been convicted of a felony or a crime involving gambling;

 

(2) owes $500 or more in delinquent taxes as defined in section 270C.72;

 

(3) had a sale and use tax permit revoked by the commissioner of revenue within the past two years;

 

(4) after demand, has not filed tax returns required by the commissioner of revenue; or

 

(5) has been convicted of a felony or gross misdemeanor involving theft or fraud.


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8126

Subd. 2.  Background investigation.  The commissioner shall perform a background investigation on applicants for a license under this chapter.  The commissioner may request the director of alcohol and gambling enforcement and the commissioner of revenue to assist in investigating the background of an applicant or a licensee under this section.  The commissioner may charge an applicant an investigation fee to cover the cost of the investigation and shall from this fee reimburse the Division of Alcohol and Gambling Enforcement and the Department of Revenue for their respective shares of the cost of the investigation.  The commissioner is authorized to have access to all data compiled by the Division of Alcohol and Gambling Enforcement on licensees and applicants.

 

Subd. 3.  Criminal history.  The commissioner must perform a criminal history records check on each officer, director, or stakeholder with more than 15 percent interest in the licensee or applicant.  The records check must include a criminal history check of the state and federal criminal records.  The applicant or licensee must provide signed consent for the national and international criminal history records check and fingerprints for each person subject to a check under this subdivision.  The director shall assist in performing the criminal history records check.  The director may charge an applicant a fee to cover the cost of the criminal history records check, and shall from this fee reimburse the Division of Alcohol and Gambling Enforcement for its share of the cost of the investigation.  The commissioner or the director must submit the signed informed consent, fingerprints, and Bureau of Criminal Apprehension and Federal Bureau of Investigation fees to the superintendent of the Bureau of Criminal Apprehension who is authorized to exchange the fingerprints with the Federal Bureau of Investigation to obtain the applicant's national criminal history data.  The superintendent of the Bureau of Criminal Apprehension shall retrieve Minnesota criminal history data and shall provide the results of the state, federal, and international criminal history check to the director.  The commissioner is authorized to have access to all criminal history data compiled on licensees and applicants by the Division of Alcohol and Gambling Enforcement.  An individual who has submitted to a criminal background check in this or any other state within the previous 12 months shall not be required to submit to another criminal background check provided that the person submits the results of such previous criminal background check and affirms that there has been no material change in the individual's criminal history since the time of the criminal background check.

 

Subd. 4.  Notice of denial of issuance or renewal of mobile sports betting master license or mobile sports betting operator license.  If the commissioner determines that a license application or renewal under this chapter shall be denied, a license shall be revoked or suspended, or a licensee censured, the commissioner shall promptly give a written notice to the licensee or applicant stating grounds for the action and giving reasonable notice of the rights of the licensee or applicant to request a hearing.  Enforcement actions, license revocations, or license nonrenewals related to a specific mobile sports betting operator shall not impact or limit the ability of another mobile sports betting operator to conduct, offer, or offer for play mobile sports betting.  A hearing must be held not later than 30 days after the commissioner receives the request for the hearing, unless the licensee or applicant and the commissioner agree on a later date.  If the applicant or licensee does not request a hearing within 30 days of the service of the notice, the denial becomes final.  Hearings under this subdivision must be conducted according to chapter 14.  After the hearing, the commissioner may enter an order making such disposition as the facts require.  If the applicant or licensee fails to appear at the hearing after having been notified of it under this subdivision, the applicant is considered in default and the proceeding may be determined against the person on consideration of the written notice of denial, the allegations of which may be considered to be true.  All fees accompanying the license or renewal application are considered earned and are not refunded.

 

Sec. 7.  [299L.40] WAGERING.

 

Subdivision 1.  Wager type.  A mobile sports betting operator may only accept wagers of a type previously approved by the commissioner.  Wager types that the commissioner may approve include but are not limited to the following:

 

(1) a wager that a participant or participating team will win an athletic event or will win by a specified number of points;


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8127

(2) a wager as to whether the total points scored in an athletic event will be higher or lower than a number specified;

 

(3) a wager on an outcome contingency or proposition incidental to an athletic event, series, tournament, or season for which the outcome is published in newspapers of general circulation or in records made publicly available by the league or governing body for the event;

 

(4) a wager on the outcome of a series of two or more athletic events or a series of two or more contingencies incidental to an athletic event;

 

(5) in-game betting;

 

(6) futures bets placed on end of the season standings, awards, or statistics; and

 

(7) a wager that a participant or participating team will win an esports event or will win by a specified number of points.

 

Subd. 2.  Consideration; wager account.  (a) A mobile sports betting operator must not accept a wager unless the authorized participant provides consideration at the time of making the wager.

 

(b) Consideration must be in the form of withdrawal from a wager account maintained by the mobile sports betting operator for the benefit of and in the name of the wagerer.

 

(c) A person shall have the right to withdraw the balance of the wager account in the person's name at any time with proof of identity, as determined by rules adopted pursuant to section 299L.20.

 

Subd. 3.  Wager location.  Mobile sports betting wagers regulated under this chapter may only be accepted from a person placing a wager online, through a website or mobile application, while the person placing the wager is physically within the state.  The website or application may be hosted by a mobile sports betting operator operating in conjunction with a mobile sports betting platform provider.

 

Subd. 4.  Information provided at the time of wager.  A mobile sports betting operator must disclose the betting line and terms of a wager prior to accepting a wager.  Terms of the wager include the ratio of the amount to be paid for winning to the wagered amount.

 

Subd. 5.  Outcome determined.  A mobile sports betting operator must not accept a wager on the outcome of an event or proposition that has already been determined.

 

Subd. 6.  Receipt.  A mobile sports betting operator must provide a person who places a wager with an electronic receipt at the time of sale that contains the following information:

 

(1) the athletic event, esports event, or proposition that is the subject of the wager;

 

(2) the outcome that will constitute a win on the wager;

 

(3) the amount wagered; and

 

(4) the payout in the event of a winning wager.


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8128

Sec. 8.  [299L.45] DEPOSIT AND APPROPRIATION OF FEES.

 

(a) Application fees paid pursuant to section 299L.30 are deposited into a special revenue account and are appropriated annually to the commissioner for administering review of license applications and renewals.

 

(b) License and renewal fees paid pursuant to section 299L.25 or 299L.30 shall be deposited in the general fund.

 

Sec. 9.  [299L.50] ENFORCEMENT; LICENSE VIOLATIONS.

 

Subdivision 1.  Schedule of penalties.  The commissioner must adopt rules that provide a graduated schedule of penalties for violations of license requirements under statute or rule.  The schedule must specify penalties that may range from warnings and probation periods to civil fines, temporary suspension of licenses, or revocation of licenses.

 

Subd. 2.  Imposition of penalty.  After a hearing, the commissioner may impose a penalty from the schedule of penalties that is commensurate with the violation.  The commissioner may only suspend a license prior to a hearing when conduct of a licensee, or anticipated failure of a licensee to fulfill an obligation, requires immediate action to protect the public from harm.  The commissioner may summarily suspend a license of a licensee:

 

(1) if the licensee has not timely filed a tax return or paid the tax required under chapter 297J;

 

(2) if doing so is supported by clear and convincing evidence that such summary suspension is necessary to ensure the fairness, lawfulness, and integrity of sports betting; or

 

(3) if the licensee has not timely paid all fees due under this chapter.

 

Subd. 3.  Civil penalty.  (a) Commission of a crime under section 299L.80 is a violation of a license issued under this chapter.

 

(b) A penalty may be imposed by the commissioner under this chapter in addition to any civil penalty imposed by the same conduct under section 299L.80.

 

Subd. 4.  Civil penalties paid to the commissioner.  Civil penalties collected by the commissioner shall be deposited in the general fund.

 

Subd. 5.  Contested case.  A civil penalty in excess of $2,000 is a contested case under chapter 14.

 

Subd. 6.  Appeal.  An appeal from a decision of the commissioner must be made in a manner prescribed by sections 14.63 to 14.69.

 

Sec. 10.  [299L.55] AUDITING AND INSPECTION.

 

Subdivision 1.  Annual audit.  To ensure compliance with this chapter and rules adopted under this chapter, a mobile sports betting operator must contract with an independent third party to perform a financial audit, consistent with the standards established by the Public Company Accounting Oversight Board or using the Statements on Accounting standards issued by the Audit Standards Board of the American Institute of Certified Public Accountants.  The mobile sports betting operator must submit the audit to the commissioner for examination and inspection within 120 days of the end of its fiscal year.

 

Subd. 2.  Inspection.  The commissioner, the commissioner of revenue, and the director are authorized to inspect the accounting records of a mobile sports betting operator at any time provided the mobile sports betting


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8129

operator is given notice at least 24 hours before the inspection.  This provision only applies to mobile sports betting operations and does not authorize the inspection of records related to Tribal gaming operations, Tribal governmental records, or Class III sports betting operations conducted exclusively on Indian lands.

 

Sec. 11.  [299L.60] REPORTING.

 

Subdivision 1.  Financial report.  By June 1 of each year, the commissioner must submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over public safety, the legislative committees with jurisdiction over taxes, the committee in the house of representatives with jurisdiction over commerce, the committee in the senate with jurisdiction over state government finance and policy, the committee in the house of representatives with jurisdiction over ways and means, and the committee in the senate with jurisdiction over finance.  The report must describe the activities of the commissioner with respect to wagering on athletic events and esports events and include summary financial information on sports betting and the regulated sports betting industry as a whole.  The report must not include information or data on individuals or entities that is classified as private data under section 299L.70 or separately list the earnings, wagers, or tax revenue generated by or use identifying information for specific mobile sports betting operators or specific master mobile sports betting licensees.

 

Subd. 2.  License activity report.  By February 1 of each year beginning in 2023, the commissioner shall submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over public safety, the committee in the house of representatives with jurisdiction over commerce, and the committee in the senate with jurisdiction over state government finance and policy on the following:

 

(1) the status of applications for licenses issued by the commissioner, including the number of applications for each type of license, the number of licenses of each type issued, and the average time between receipt of a complete application and issuance of each type of license;

 

(2) an overview of the sports betting market, including but not limited to the actual and anticipated demand;

 

(3) the amount of revenue generated to the state by sports betting and the expenses incurred by the commissioner in enforcing restrictions on lawful sports betting; and

 

(4) the commissioner's enforcement actions taken against persons licensed under this chapter for violations of this chapter or the rules adopted under this chapter.

 

Sec. 12.  [299L.65] EXCLUSION LIST AND PROHIBITION ON WAGERING.

 

Subdivision 1.  Exclusion list.  (a) The commissioner shall maintain a list of persons who are not eligible to wager on athletic events or esports events through a mobile or online wager.  The list shall include the names of:

 

(1) persons who have themselves requested to be on the exclusion list;

 

(2) persons whose names have been submitted, for their protection, by their legal guardians; and

 

(3) persons whose names have been submitted by mobile sports betting operators, mobile sports betting platform providers, or mobile sports betting vendors.

 

(b) The information contained on the list is private data on individuals, as defined in section 13.02, subdivision 12, except the commissioner is permitted to share the list with mobile sports betting operators as needed to prevent persons on the exclusion list from placing sports betting wagers.


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8130

Subd. 2.  Prohibition on wagering.  A mobile sports betting operator shall not accept a wager from a person on the exclusion list or allow a person on the exclusion list to establish a mobile sports betting account.  Knowingly accepting a wager from a person on the exclusion list is a license violation, subject to a penalty established by the commissioner.

 

Sec. 13.  [299L.70] DATA PROTECTIONS.

 

Subdivision 1.  Classification.  Data in which an individual who has wagered on athletic events or esports events is identified by name, account number, Social Security number, or any other uniquely identifying indicia, is private data on individuals, as defined in section 13.02, subdivision 12.  Data on individual earnings of mobile sports betting operators, mobile sports betting operator application and licensing information, and all Tribal revenue records unassociated with mobile sports betting operators is nonpublic data, as defined in section 13.02, subdivision 9.

 

Subd. 2.  Sale of private data on individuals.  The commissioner shall revoke any license issued under this chapter of a person who sells private data on the individuals collected through the practice of sports betting.

 

Sec. 14.  [299L.75] LOCAL RESTRICTIONS; PROHIBITION ON LOCAL TAXES OR FEES.

 

No political subdivision may require a local license to offer sports betting or impose a tax or fee on the sports betting conducted pursuant to this chapter.

 

Sec. 15.  INDIAN TRIBES; COMPACTS TO BE NEGOTIATED.

 

The governor or the governor's designated representatives shall negotiate in good faith new Tribal-state compacts regulating the conduct of Class III sports betting on the Indian Lands of an Indian Tribe requesting negotiations, under Minnesota Statutes, section 3.9221.  Compacts in effect on January 1, 2022, shall not be modified to accommodate sports betting.

 

Sec. 16.  EFFECTIVE DATE.

 

This article is effective the day following final enactment.

 

ARTICLE 2

TAXATION OF SPORTS BETTING

 

Section 1.  Minnesota Statutes 2020, section 290.0131, is amended by adding a subdivision to read:

 

Subd. 19.  Nontaxable sports betting losses.  Losses from the business of conducting wagering on an athletic event or esports event under chapter 299L that are not subject to tax under this chapter are an addition.

 

Sec. 2.  Minnesota Statutes 2020, section 290.0132, is amended by adding a subdivision to read:

 

Subd. 31.  Exempt sports betting income.  Income or gains from the business of conducting betting on an athletic event or esports event under chapter 299L that are not subject to tax under this chapter are a subtraction.

 

Sec. 3.  Minnesota Statutes 2020, section 290.0133, is amended by adding a subdivision to read:

 

Subd. 15.  Nontaxable sports betting losses.  Losses from the business of conducting betting on an athletic event or esports event under chapter 299L that are not subject to tax under this chapter are an addition.


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8131

Sec. 4.  Minnesota Statutes 2020, section 290.0134, is amended by adding a subdivision to read:

 

Subd. 20.  Exempt sports betting income.  Income or gains from the business of conducting betting on an athletic event or esports event under chapter 299L that are not subject to tax under this chapter are a subtraction.

 

Sec. 5.  [297J.01] DEFINITIONS.

 

Unless otherwise defined in this chapter, or unless the context clearly indicates otherwise, the following terms have the meanings given:

 

(1) "casino" has the meaning given in section 299L.10, subdivision 4;

 

(2) "commissioner" means the commissioner of revenue;

 

(3) "Internal Revenue Code" means the Internal Revenue Code as defined in section 289A.02, subdivision 7;

 

(4) "mobile sports betting operator" has the meaning given in section 299L.10, subdivision 15;

 

(5) "sports betting" has the meaning given in section 299L.10, subdivision 19;

 

(6) "sports betting net revenue" means the total of all cash received by a mobile sports betting operator from wagers on an athletic event or esports event, less promotional credits and free bets, less cash paid out as winnings and cash equivalent of noncash prizes paid out as winnings, and less federal excise taxes on sports wagering.  Sports betting net revenue does not include other cash received by a mobile sports betting operator for activities other than sports betting; and

 

(7) "wager" has the meaning given in section 299L.10, subdivision 20.

 

Sec. 6.  [297J.02] TAX ON SPORTS BETTING NET REVENUE.

 

Subdivision 1.  Tax imposed.  (a) Except as provided in paragraph (b), a tax is imposed on sports betting net revenue equal to ..... percent on wagers placed online through a website or mobile application, as allowed under section 299L.40.

 

(b) Any bets placed on Indian lands are not subject to state taxation.

 

Subd. 2.  Sports betting net revenue tax in lieu of other taxes.  Income derived by a mobile sports betting operator from the conduct of wagering on an athletic event or esports event is not subject to the tax imposed in chapter 290.  Wagers accepted by a mobile sports betting operator are not subject to the tax imposed in section 297A.62 or 297E.03.

 

Subd. 3.  Public information.  All records concerning the administration of taxes under this chapter are classified as public information.

 

Subd. 4.  Refunds.  A person who has, under this chapter, paid to the commissioner an amount of tax for a period in excess of the amount legally due for that period may file with the commissioner a claim for a refund of the excess.  The amount necessary to pay the refunds under this subdivision is appropriated from the general fund to the commissioner.

 

Subd. 5.  Extensions.  If in the commissioner's judgment good cause exists, the commissioner may extend the time for filing tax returns, paying taxes, or both under this section for not more than six months.


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8132

Subd. 6.  Distribution of funds.  (a) All amounts collected by the commissioner under this chapter must be deposited in the special revenue fund and distributed as provided in this subdivision.

 

(b) Ten percent of the amount deposited in the special revenue fund pursuant to paragraph (a) is appropriated to the commissioner of public safety for the Division of Alcohol and Gambling Enforcement to perform the duties described in sections 299L.10 to 299L.80.

 

(c) Forty percent of the amount deposited in the special revenue fund pursuant to paragraph (a) is appropriated to the commissioner of human services for the compulsive gambling treatment program established under section 245.98.

 

(d) Fifty percent of the amount deposited in the special revenue fund pursuant to paragraph (a) is appropriated to the Minnesota Amateur Sports Commission to administer grants.  The Minnesota Amateur Sports Commission may retain four percent of the total appropriation to administer the grants.  Grants issued under this paragraph must be for the following purposes:

 

(1) 20 percent of the amount appropriated under this paragraph is for grants to collegiate and amateur sports associations to promote the integrity of amateur sports; and

 

(2) 80 percent of the amount appropriated under this paragraph is for grants to organizations to promote and facilitate participation in youth sports in areas that have experienced a disproportionately high rate of juvenile crime.

 

Sec. 7.  [297J.03] MOBILE SPORTS BETTING OPERATOR REPORTS AND RECORDS.

 

Subdivision 1.  Reports.  A mobile sports betting operator must file with the commissioner, on a form prescribed by the commissioner, a report showing all mobile sports betting activity conducted by the mobile sports betting operator for each month.  Sports betting activity includes the amounts of all wagers received, payouts, and all sports betting taxes owed or paid to the commissioner.  The report must be filed with the commissioner on or before the 20th day of the month following the month in which the sports betting activity takes place.  The commissioner shall prescribe the content, format, and manner of returns or other documents pursuant to section 270C.30.

 

Subd. 2.  Business records.  A mobile sports betting operator must maintain records supporting the sports betting activity reported to the commissioner.  Records required to be kept in this section must be preserved by the mobile sports betting operator for at least 3-1/2 years and may be inspected by the commissioner at any reasonable time without notice or a search warrant.

 

Subd. 3.  Audits.  The commissioner may require a financial audit of a mobile sports betting operator's sports betting activities if the mobile sports betting operator has failed to comply with this chapter as it relates to financial reporting.  Audits must be performed by an independent accountant licensed according to chapter 326A.  The commissioner must prescribe standards for an audit required under this subdivision.  A complete, true, and correct copy of an audit must be filed as prescribed by the commissioner.

 

Sec. 8.  [297J.04] OTHER PROVISIONS APPLY.

 

Except for those provisions specific to distributors, gambling products, or gambling equipment, sections 297E.11 to 297E.14 apply to this chapter.

 

Sec. 9.  EFFECTIVE DATE.

 

This article is effective for wagers placed on or after .....


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8133

ARTICLE 3

CRIMES RELATED TO SPORTS BETTING

 

Section 1.  [299L.80] CRIMES RELATING TO WAGERING ON SPORTING EVENTS.

 

Subdivision 1.  Definitions.  As used in this section:

 

(1) "accepts a wager" includes receiving, recording, or forwarding a wager or an offer to wager on an athletic event or esports event and attempts to do so;

 

(2) "mobile sports betting master licensee" has the meaning given in section 199L.10, subdivision 1, and includes a mobile sports betting operator;

 

(3) "nonpublic information" means information regarding a participant's ability or likelihood to perform in an athletic event or esports event that:

 

(i) is not available to the general public;

 

(ii) is derived from a personal or professional relationship with the participant; and

 

(iii) if the information was disseminated, would likely affect the odds of the participant or the participant's team in achieving a particular outcome in the event; and

 

(4) "places a wager" includes an offer or attempt to place a wager on an athletic event or esports event.

 

Subd. 2.  General prohibition.  Except as provided in this section, it is a crime for a person to place or accept a wager on an athletic event or esports event unless the wager is authorized under this chapter and:

 

(1) the wager is accepted:

 

(i) at a casino; or

 

(ii) online through a website or mobile application hosted by a mobile sports betting operator if the person placing the wager is physically present in the state; or

 

(2) the wager is placed:

 

(i) at a casino; or

 

(ii) online through a website or mobile application hosted by a mobile sports betting operator if the person placing the wager is physically present in the state.

 

Subd. 3.  Misdemeanor.  (a) Except as otherwise provided in subdivision 4 or 5, the following persons are guilty of a misdemeanor:

 

(1) a person who places a wager on an athletic event or esports event with a person or entity who is not licensed or authorized to accept wagers under this chapter;

 

(2) a person who is not licensed or authorized to accept wagers under this chapter who accepts a wager on an athletic event or esports event;


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8134

(3) a person who is under 18 years of age who places a wager on an athletic event or esports event;

 

(4) a person who is under 18 years of age who misrepresents the person's age as being 18 or older for the purposes of placing a wager on an athletic event or esports event;

 

(5) a person who is a participant in an athletic event or esports event and who places a wager on that event or who induces another to place a wager on the event on behalf of the person;

 

(6) a mobile sports betting operator or employee of a mobile sports betting operator, who places a wager on an athletic event or esports event on an online website or mobile application with which the person is affiliated;

 

(7) an officer, director, member, or employee of the Department of Public Safety or the division who places a wager on an athletic event or esports event;

 

(8) a person who possesses nonpublic information on an athletic event or esports event and who places a wager on that event;

 

(9) a person or entity who is licensed or authorized to accept wagers under this chapter, if the person or entity knowingly accepts a wager on an athletic event or esports event:

 

(i) from a participant in the event or someone placing a wager on the event on behalf of the participant;

 

(ii) from a mobile sports betting operator or employee of a mobile sports betting operator;

 

(iii) from an officer, director, member, or employee of the Department of Public Safety or the division;

 

(iv) from someone who possesses nonpublic information about the event; or

 

(v) of a type or in a manner that is not authorized under this chapter; and

 

(10) a person who sells or transfers private data on individuals collected through the practice of wagering on athletic events or esports events.

 

(b) Paragraph (a), clause (10), does not apply to the transfer of data between a mobile sports betting operator and the commissioner of public safety, the director of alcohol and gambling enforcement, or the commissioner of revenue when that transfer is necessary to perform duties prescribed by law relating to wagering on athletic events or esports events.

 

Subd. 4.  Gross misdemeanor.  Except as provided in subdivision 5, a person is guilty of a gross misdemeanor if:

 

(1) the person accepts a wager on an athletic event or esports event placed by someone under the age of 18 years; or

 

(2) the person accepts or places a wager on an athletic event or esports event and the wager is prohibited under subdivision 3, paragraph (a), clause (1), (2), (5), (6), (7), (8), or (9), and:

 

(i) the person has previously been convicted of a violation of this section; or

 

(ii) the amount of the wager is more than $500 but not more than $1,000.

 

Subd. 5.  Felony.  (a) Except as provided in paragraph (b), a person who accepts or places a wager prohibited under subdivision 3, paragraph (a), clause (1), (2), (5), (6), (7), (8), or (9); or 4, clause (1) or (2), item (i), is guilty of a felony and may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $4,000, or both; if the amount of the wager is more than $1,000 but not more than $5,000.


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8135

(b) A person is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, who:

 

(1) accepts or places a wager prohibited under subdivision 3, paragraph (a), clause (1), (2), (5), (6), (7), (8), or (9); or 4, clause (1) or (2), item (i); where the amount of the wager is more than $5,000; or

 

(2) accepts or places within any 30-day period more than five wagers on any one or more athletic events or esports events that total more than $2,500 and are prohibited in subdivision 3, paragraph (a), clause (1), (2), (5), (6), (7), (8), or (9); or 4, clause (1) or (2), item (i).

 

Subd. 6.  Aggregation; venue.  In any prosecution under subdivision 4 or 5, the amount of money wagered within any six-month period may be aggregated and the accused charged accordingly in applying the provisions of those subdivisions.  In addition, when two or more offenses are committed by the same person in two or more counties, the accused may be prosecuted in any county in which one of the offenses was committed for all of the offenses aggregated under this subdivision

 

Subd. 7.  Exception; certain private social bets.  Subdivisions 3, clauses (1), (2), (3), and (7); and 4, clause (1), do not prohibit private social bets on athletic events and esports events that are not part of or incidental to organized, commercialized, or systematic gambling.

 

Subd. 8.  Proof of age; defense; seizure of false identification.  (a) Proof of age for placing a wager under this chapter on an athletic event or esports event may be established only by one of the following:

 

(1) a valid driver's license or identification card issued by Minnesota, another state, a Tribal government, or a province of Canada, that includes the photograph and date of birth of the person;

 

(2) a valid military identification card issued by the United States Department of Defense;

 

(3) a valid United States passport;

 

(4) a valid instructional permit issued under section 171.05 that includes a photograph and the date of birth of the person;

 

(5) a Tribal identification;

 

(6) in the case of a foreign national, a valid passport; or

 

(7) use of an identity verification process approved by the commissioner and implemented by the mobile sports betting operator or mobile sports betting platform provider.

 

(b) In a prosecution for accepting a wager on an athletic event or esports event from a person under the age of 18, it is an affirmative defense for the defendant to prove by a preponderance of the evidence that the defendant reasonably and in good faith relied upon representations of proof of age authorized in paragraph (a).

 

(c) A mobile sports betting operator or employee of a mobile sports betting operator, or an official or employee of a casino authorized to accept wagers on athletic events and esports events under this chapter, may seize a form of identification listed under paragraph (a) if the person has reasonable grounds to believe that the form of identification has been altered or falsified or is being used to violate any law.  A person who seizes a form of identification under this paragraph must deliver it to a law enforcement agency within 24 hours of seizure.


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8136

Sec. 2.  [609.5551] SPORTING EVENTS; FRAUD; BRIBERY.

 

(a) As used in this section:

 

(1) "athletic event" has the meaning given in section 299L.10, subdivision 2;

 

(2) "esports event" has the meaning given in section 299L.10, subdivision 8; and

 

(3) "participant in an athletic event" has the meaning given in section 299L.10, subdivision 18.

 

(b) A person is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if the person:

 

(1) offers, gives, or promises to give, directly or indirectly, to a participant in an athletic event or an esports event any benefit, reward, or consideration to which the participant is not legally entitled as compensation or a prize, with intent to influence the performance of the participant, or the outcome of the event or a component of the event; or

 

(2) as a participant in an athletic event or esports event, requests, receives, or agrees to receive, directly or indirectly, a benefit, reward, or consideration to which the participant is not legally entitled to intentionally lose, cause to lose, or attempt to lose or cause to lose the event, or to intentionally perform below abilities to adversely affect the outcome of the event or a component of the event.

 

Sec. 3.  Minnesota Statutes 2020, section 609.75, subdivision 3, is amended to read:

 

Subd. 3.  What are not bets.  The following are not bets:

 

(1) a contract to insure, indemnify, guarantee or otherwise compensate another for a harm or loss sustained, even though the loss depends upon chance;

 

(2) a contract for the purchase or sale at a future date of securities or other commodities;

 

(3) offers of purses, prizes or premiums to the actual contestants in any bona fide contest for the determination of skill, speed, strength, endurance, or quality or to the bona fide owners of animals or other property entered in such a contest;

 

(4) the game of bingo when conducted in compliance with sections 349.11 to 349.23;

 

(5) a private social bet not part of or incidental to organized, commercialized, or systematic gambling;

 

(6) the operation of equipment or the conduct of a raffle under sections 349.11 to 349.22, by an organization licensed by the Gambling Control Board or an organization exempt from licensing under section 349.166;

 

(7) pari-mutuel betting on horse racing when the betting is conducted under chapter 240; and

 

(8) the purchase and sale of State Lottery tickets under chapter 349A; and

 

(9) a wager on the outcome or any aspect of an athletic event, as defined in section 299L.10, subdivision 2, or an esports event, as defined in section 299L.10, subdivision 8, and that may be legally wagered on under chapter 299L.


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8137

Sec. 4.  Minnesota Statutes 2020, section 609.75, is amended by adding a subdivision to read:

 

Subd. 7a.  Sporting event.  "Sporting event" means any professional or amateur sporting event except an athletic event, as defined in section 299L.10, subdivision 2, or an esports event, as defined in section 299L.10, subdivision 8.  The term does not include athletic events or esports events that may be legally wagered on under chapter 299L.

 

Sec. 5.  Minnesota Statutes 2020, section 609.755, is amended to read:

 

609.755 GAMBLING; MISDEMEANOR.

 

(a) Whoever does any of the following is guilty of a misdemeanor:

 

(1) makes a bet;

 

(2) sells or transfers a chance to participate in a lottery;

 

(3) disseminates information about a lottery, except a lottery conducted by an adjoining state, with intent to encourage participation therein;

 

(4) permits a structure or location owned or occupied by the actor or under the actor's control to be used as a gambling place; or

 

(5) except where authorized by statute, possesses a gambling device.

 

(b) Paragraph (a), clause (5) does not prohibit possession of a gambling device in a person's dwelling for amusement purposes in a manner that does not afford players an opportunity to obtain anything of value.

 

(c) This section does not apply to wagering on an athletic event, as defined in section 299L.10, subdivision 2, or an esports event, as defined in section 299L.10, subdivision 8, and that may be legally wagered on under chapter 299L.

 

Sec. 6.  Minnesota Statutes 2020, section 609.76, is amended by adding a subdivision to read:

 

Subd. 9.  Wagering on athletic events and esports events.  This section does not apply to wagering on an athletic event, as defined in section 299L.10, subdivision 2, or an esports event, as defined in section 299L.10, subdivision 8, and that may be legally wagered on under chapter 299L.

 

Sec. 7.  EFFECTIVE DATE.

 

Sections 1 to 6 are effective the day that sports betting becomes lawful under article 1 and applies to crimes committed on or after that date."

 

Delete the title and insert:

 

"A bill for an act relating to gambling; authorizing and providing for sports betting; establishing licenses; prohibiting local restrictions; providing for taxation of sports betting; providing civil and criminal penalties; requiring reports; amending Minnesota Statutes 2020, sections 290.0131, by adding a subdivision; 290.0132, by adding a subdivision; 290.0133, by adding a subdivision; 290.0134, by adding a subdivision; 609.75, subdivision 3, by adding a subdivision; 609.755; 609.76, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 299L; 609; proposing coding for new law as Minnesota Statutes, chapter 297J."

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on State Government Finance and Elections.

 

      The report was adopted.


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8138

Pelowski from the Committee on Industrial Education and Economic Development Finance and Policy to which was referred:

 

H. F. No. 1225, A bill for an act relating to capital investment; appropriating money to the Public Facilities Authority for the purpose of debt relief for the Crane Lake Water and Sanitary District.

 

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

 

      The report was adopted.

 

 

Pelowski from the Committee on Industrial Education and Economic Development Finance and Policy to which was referred:

 

H. F. No. 1701, A bill for an act relating to capital investment; appropriating money to the Public Facilities Authority for point source implementation grants.

 

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

 

      The report was adopted.

 

 

Hansen, R., from the Committee on Environment and Natural Resources Finance and Policy to which was referred:

 

H. F. No. 2200, A bill for an act relating to climate change; establishing grant program to provide financial assistance to cities to address climate change; appropriating money.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Climate and Energy Finance and Policy.

 

      The report was adopted.

 

 

Becker-Finn from the Committee on Judiciary Finance and Civil Law to which was referred:

 

H. F. No. 2399, A bill for an act relating to state government; expanding the authority of the Legislative Budget Office to order fiscal notes; modifying the Legislative Budget Office Oversight Commission; changing data classifications for data related to fiscal notes; modifying the treatment of unofficial fiscal notes; amending Minnesota Statutes 2020, sections 3.8853, by adding a subdivision; 3.8854; 3.98, subdivision 1; 13.64, subdivisions 3, 4.

 

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

 

      The report was adopted.

 

 

Becker-Finn from the Committee on Judiciary Finance and Civil Law to which was referred:

 

H. F. No. 2463, A bill for an act relating to housing; requiring landlords to test for radon and provide disclosures; providing penalties and remedies; proposing coding for new law in Minnesota Statutes, chapter 504B.

 

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

 

      The report was adopted.


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8139

Mariani from the Committee on Public Safety and Criminal Justice Reform Finance and Policy to which was referred:

 

H. F. No. 2675, A bill for an act relating to liquor; regulating direct shippers of wine; imposing sales and use taxes, liquor gross receipts taxes, and excise taxes on direct shipments of wine; providing for licensing; providing for classification of data; requiring reports; amending Minnesota Statutes 2020, sections 13.6905, by adding a subdivision; 295.75, subdivision 4; 297A.83, subdivision 1; 297G.07, subdivision 1; 299A.706; 340A.304; 340A.417; proposing coding for new law in Minnesota Statutes, chapter 340A.

 

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

 

      The report was adopted.

 

 

Mariani from the Committee on Public Safety and Criminal Justice Reform Finance and Policy to which was referred:

 

H. F. No. 2725, A bill for an act relating to judiciary; establishing a statutory procedure to assess the competency of a defendant to stand trial; providing for contested hearings; establishing continuing supervision for certain defendants found incompetent to stand trial; establishing requirements to restore certain defendants to competency; providing for jail-based competency restoration programs; establishing forensic navigators; requiring forensic navigators to provide services to certain defendants; establishing dismissal plans for certain defendants found incompetent to stand trial; establishing a planning and implementation committee; appropriating money; amending Minnesota Statutes 2020, sections 253B.07, subdivision 2a; 253B.10, subdivision 1; 480.182; proposing coding for new law in Minnesota Statutes, chapter 611.

 

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

 

      The report was adopted.

 

 

Richardson from the Committee on Education Policy to which was referred:

 

H. F. No. 2856, A bill for an act relating to education; requiring school observance of Indigenous Peoples' Day; establishing Indigenous Peoples' Day as a state holiday and eliminating Christopher Columbus Day as a state holiday; amending Minnesota Statutes 2020, sections 120A.42; 645.44, subdivision 5.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on State Government Finance and Elections.

 

      The report was adopted.

 

 

Nelson, M., from the Committee on State Government Finance and Elections to which was referred:

 

H. F. No. 2919, A bill for an act relating to certified public accountants; repealing procedures related to the automatic revocation of certain public accountant certificates; repealing Minnesota Statutes 2020, section 326A.04, subdivision 11.


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8140

Reported the same back with the following amendments:

 

Page 1, after line 5, insert:

 

"Section 1.  Minnesota Statutes 2020, section 326A.09, is amended to read:

 

326A.09 REINSTATEMENT.

 

The board may reinstate a suspended, revoked, expired, or surrendered certificate, registration, or permit or suspended, revoked, expired, or surrendered practice privileges upon petition of the person or firm holding or formerly holding the registration, permit, or certificate, or practice privileges.  The board may, in its sole discretion, require that the person or firm submit to the board evidence of having obtained up to 120 hours of continuing professional education credits that would have been required had the person or firm held a registration, certificate, permit, or practice privileges continuously.  The board may, in its sole discretion, place any other conditions upon reinstatement of a suspended, revoked, expired, or surrendered certificate, permit, registration, or of practice privileges that it finds appropriate and necessary to ensure that the purposes of this chapter are met.  No suspended certificate, registration, permit, or practice privileges may be reinstated until the former holder, or person with practice privileges has completed one-half of the suspension.

 

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

 

Renumber the sections in sequence

 

Amend the title as follows: 

 

Page 1, line 2, after the semicolon, insert "modifying reinstatement provision for accountants;"

 

Correct the title numbers accordingly

 

 

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

 

      The report was adopted.

 

 

Richardson from the Committee on Education Policy to which was referred:

 

H. F. No. 2920, A bill for an act relating to education; increasing maximum earnings for school board members employed by a school district; amending Minnesota Statutes 2020, section 123B.195.

 

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

 

      The report was adopted.

 

 

Becker-Finn from the Committee on Judiciary Finance and Civil Law to which was referred:

 

H. F. No. 3098, A bill for an act relating to housing; prohibiting the court from requiring bond or security prior to adjudication of a housing matter; amending Minnesota Statutes 2020, sections 504B.285, subdivision 5; 504B.335.

 

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

 

      The report was adopted.


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8141

Becker-Finn from the Committee on Judiciary Finance and Civil Law to which was referred:

 

H. F. No. 3134, A bill for an act relating to transportation; amending certain requirements governing retrieval of towed vehicles and towed vehicle contents; amending Minnesota Statutes 2020, sections 168B.011, by adding a subdivision; 168B.051, by adding a subdivision; 168B.07, subdivisions 1, 3, by adding a subdivision.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2020, section 168B.07, subdivision 3, is amended to read:

 

Subd. 3.  Retrieval of contents; right to reclaim.  (a) For purposes of this subdivision:

 

(1) "contents" does not include any permanently affixed mechanical or nonmechanical automobile parts; automobile body parts; or automobile accessories, including audio or video players; and

 

(2) "relief based on need" includes, but is not limited to, receipt of MFIP and Diversionary Work Program, medical assistance, general assistance, emergency general assistance, Minnesota supplemental aid, MSA-emergency assistance, MinnesotaCare, Supplemental Security Income, energy assistance, emergency assistance, Supplemental Nutrition Assistance Program (SNAP) benefits, earned income tax credit, or Minnesota working family tax credit.

 

(b) A unit of government or impound lot operator shall must establish reasonable procedures for retrieval of vehicle contents, and may establish reasonable procedures to protect the safety and security of the impound lot and its personnel.

 

(c) At any time before the expiration of the waiting periods provided in section 168B.051, a registered owner of a vehicle who provides proof of identity and documentation from a government or nonprofit agency or legal aid office that the registered owner is homeless, receives relief based on need, or is eligible for legal aid services, has the unencumbered right to retrieve any and all contents without charge and regardless of whether the registered owner pays incurred charges or fees, transfers title, or reclaims the vehicle.

 

(d) A refusal to allow the registered owner to retrieve the vehicle contents after the owner provides valid documentation as specified under paragraph (c) is a violation of this subdivision.

 

Sec. 2.  Minnesota Statutes 2020, section 168B.07, is amended by adding a subdivision to read:

 

Subd. 3a.  Retrieval of contents; notice of denial.  (a) This subdivision applies to an impound lot operator who operates a nonpublic impound lot or who exclusively contracts with a unit of government under section 168B.09 to operate a public impound lot solely for public use.

 

(b) An impound lot operator who denies a request of a registered vehicle owner to retrieve vehicle contents after the registered owner presents the information required under subdivision 3, paragraph (c), must, at the time of denial, provide the registered owner with a written statement that identifies the specific reasons for the denial.

 

Sec. 3.  Minnesota Statutes 2020, section 168B.07, is amended by adding a subdivision to read:

 

Subd. 3b.  Retrieval of contents; public notice.  (a) This subdivision applies to an impound lot operator who operates a nonpublic impound lot or who exclusively contracts with a unit of government under section 168B.09 to operate a public impound lot solely for public use.


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8142

(b) An impound lot operator must post a conspicuous notice at its place of operation in substantially the following form:  "If you receive government benefits, are currently homeless, or are eligible for legal aid services, you have the right to get the contents out of your car free of charge IF you give us:

 

(1) government-issued proof of identity (such as a driver's license); AND

 

(2) documentation from a government or nonprofit agency or from a legal aid office that you:

 

(i) get benefits from a government program based on your income;

 

(ii) are homeless; or

 

(iii) are eligible for legal aid services.

 

If the documentation is in the form of a letter, the letter must be on the letterhead of the agency or legal aid office."

 

Sec. 4.  Minnesota Statutes 2020, section 168B.07, is amended by adding a subdivision to read:

 

Subd. 3c.  Retrieval of contents; remedy.  (a) An aggrieved registered vehicle owner has a cause of action as provided in this subdivision against an impound lot operator who operates a nonpublic impound lot or who exclusively contracts with a unit of government under section 168B.09 to operate a public impound lot solely for public use if the impound lot operator denies the registered owner the right to retrieve the vehicle contents in violation of subdivision 3, paragraph (c).

 

(b) If the vehicle and its contents remain in the possession of the impound lot operator and retrieval of the vehicle contents was denied in violation of subdivision 3, paragraph (c), an aggrieved registered vehicle owner is entitled to injunctive relief to retrieve the vehicle contents as well as reasonable attorney fees and costs.

 

(c) If an impound lot operator sells or disposes of the vehicle contents after the registered owner has provided the documentation required under subdivision 3, paragraph (c), an aggrieved registered vehicle owner is entitled to statutory damages in an amount of $1,000 and reasonable attorney fees and costs."

 

Delete the title and insert:

 

"A bill for an act relating to transportation; amending certain requirements governing retrieval of towed vehicle contents; providing a cause of action for aggrieved vehicle owners; amending Minnesota Statutes 2020, section 168B.07, subdivision 3, by adding subdivisions."

 

 

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

 

      The report was adopted.

 

 

Hausman from the Committee on Housing Finance and Policy to which was referred:

 

H. F. No. 3143, A bill for an act relating to capital investment; expanding eligible use of housing infrastructure bonds; regulating issuance of housing infrastructure bonds; amending Minnesota Statutes 2020, section 462A.37, subdivision 2.


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8143

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

 

      The report was adopted.

 

 

Nelson, M., from the Committee on State Government Finance and Elections to which was referred:

 

H. F. No. 3176, A bill for an act relating to local government; expanding eligibility for long-term equity investment; making technical amendments to language; amending Minnesota Statutes 2020, section 118A.09, subdivisions 1, 2.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2020, section 118A.09, subdivision 1, is amended to read:

 

Subdivision 1.  Definition; qualifying government.  "Qualifying government" means:

 

(1) a county or statutory or home rule charter city with a population of more than 100,000;

 

(2) a county or statutory or home rule charter city which had its most recently issued general obligation bonds rated in the highest category by a national bond rating agency whose most recent long-term, senior, general obligation rating by one or more national rating organizations in the prior 18-month period is AA or higher; or

 

(3) a self-insurance pool listed in section 471.982, subdivision 3.

 

A county or statutory or home rule charter city with a population of 100,000 or less that is a qualifying government, but is subsequently rated less than the highest category by a national bond rating agency on a general obligation bond issue does not meet the threshold under clause (2), may not invest additional funds under this section but may continue to manage funds previously invested under subdivision 2.

 

EFFECTIVE DATE.  This section is effective July 1, 2022.

 

Sec. 2.  Minnesota Statutes 2020, section 118A.09, subdivision 2, is amended to read:

 

Subd. 2.  Additional investment authority.  Qualifying governments may invest the amount described in subdivision 3:

 

(1) in index mutual funds based in the United States and indexed to a broad market United States equity index, on the condition that index mutual fund investments must be made directly with the main sales office of the fund; or

 

(2) with the Minnesota State Board of Investment subject to such terms and minimum amounts as may be adopted by the board.  Index mutual fund investments must be made directly with the main sales office of the fund.

 

EFFECTIVE DATE.  This section is effective July 1, 2022."

 

 

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

 

      The report was adopted.


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8144

Davnie from the Committee on Education Finance to which was referred:

 

H. F. No. 3224, A bill for an act relating to education finance; increasing long-term facilities maintenance revenue; increasing local optional revenue; providing enhanced debt service equalization aid for consolidating school districts; reducing school district property taxes; increasing equalization aids for school formulas; appropriating money; amending Minnesota Statutes 2020, sections 123B.53, subdivisions 4, 5, 6; 123B.535; 123B.595, subdivisions 1, 2, 3, 7, 8; 126C.17, subdivisions 5, 6, 7; 126C.40, subdivision 1; Minnesota Statutes 2021 Supplement, section 126C.10, subdivision 2e.

 

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

 

      The report was adopted.

 

 

Richardson from the Committee on Education Policy to which was referred:

 

H. F. No. 3260, A bill for an act relating to education; prohibiting malicious and sadistic conduct involving race, religion, sexual harassment, sexual orientation, and sexual exploitation; proposing coding for new law in Minnesota Statutes, chapter 121A.

 

Reported the same back with the following amendments:

 

Page 1, line 8, after "race," insert "gender,"

 

Page 1, line 21, after "race," insert "gender,"

 

Amend the title as follows:

 

Page 1, line 2, after "race," insert "gender,"

 

 

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

 

      The report was adopted.

 

 

Ecklund from the Committee on Labor, Industry, Veterans and Military Affairs Finance and Policy to which was referred:

 

H. F. No. 3379, A bill for an act relating to military affairs; changing a provision in the reenlistment and commissioning bonus program; amending Minnesota Statutes 2020, section 192.501, subdivision 1b.

 

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

 

      The report was adopted.


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8145

Stephenson from the Committee on Commerce Finance and Policy to which was referred:

 

H. F. No. 3400, A bill for an act relating to business organizations; governing fraudulent business filings; amending Minnesota Statutes 2020, sections 336.9-510; 336.9-516; proposing coding for new law in Minnesota Statutes, chapter 336.

 

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

 

      The report was adopted.

 

 

Stephenson from the Committee on Commerce Finance and Policy to which was referred:

 

H. F. No. 3403, A bill for an act relating to professional licensing; establishing a preliminary application procedure for individuals seeking professional licenses; permitting licensing boards to charge application fees; authorizing appeals; requiring reports; proposing coding for new law in Minnesota Statutes, chapter 214.

 

Reported the same back with the following amendments:

 

Page 2, line 5, after "application" insert "or the initial fee for the applicable license, registration, or certificate" and after the period, insert "If the applicant subsequently applies for the license, registration, or certificate, the amount of the preliminary application fee paid by the applicant must be credited toward the applicant's initial fee for the license, registration, or certificate."

 

Page 2, line 24, after "study" insert ", if applicable" and after the semicolon, insert "and"

 

Page 2, line 26, delete "; and" and insert a period

 

Page 2, delete lines 27 to 32

 

Page 3, line 1, delete "(f)" and insert "(e)"

 

 

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

 

      The report was adopted.

 

 

Ecklund from the Committee on Labor, Industry, Veterans and Military Affairs Finance and Policy to which was referred:

 

H. F. No. 3405, A bill for an act relating to nursing homes; establishing the Minnesota Nursing Home Workforce Standards Board; establishing duties for the board; requiring training for nursing home workers; prohibiting retaliation against nursing home workers; providing for enforcement; authorizing rulemaking; authorizing civil actions by nursing home workers; amending Minnesota Statutes 2020, section 177.27, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 181.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Judiciary Finance and Civil Law.

 

      The report was adopted.


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8146

           Pinto from the Committee on Early Childhood Finance and Policy to which was referred:

 

H. F. No. 3485, A bill for an act relating to education finance; increasing the age range of children served by school-age care programs; increasing funding for school-age care programs; appropriating money; amending Minnesota Statutes 2020, sections 124D.19, subdivision 11; 124D.22, subdivision 3; Laws 2021, First Special Session chapter 13, article 10, section 1, subdivision 5.

 

Reported the same back with the following amendments:

 

Page 1, line 11, delete "A school"

 

Page 1, delete line 12

 

Page 1, line 13, delete the new language

 

Page 1, line 20, reinstate the stricken language and delete the new language

 

Page 2, after line 23, insert:

 

"Sec. 2.  Minnesota Statutes 2020, section 124D.19, is amended by adding a subdivision to read:

 

Subd. 11a.  Preschool care.  In addition to other authority, a school district that offers a licensed child care program serving children age 33 months or older or a program exempt from licensure under section 245A.03, subdivision 2, paragraph (a), clause (5), may offer, as part of a community education program, a preschool care program for the portion of the day a child is not enrolled in early childhood special education, voluntary prekindergarten, school readiness plus, or school readiness.

 

Sec. 3.  Minnesota Statutes 2020, section 124D.20, subdivision 8, is amended to read:

 

Subd. 8.  Uses of general revenue.  (a) General community education revenue may be used for:

 

(1) nonvocational, recreational, and leisure time activities and programs;

 

(2) programs for adults with disabilities, if the programs and budgets are approved by the department;

 

(3) adult basic education programs, according to section 124D.52;

 

(4) summer programs for elementary and secondary pupils;

 

(5) implementation of a youth development plan;

 

(6) implementation of a youth service program;

 

(7) early childhood family education programs, according to section 124D.13;

 

(8) school readiness programs, according to section 124D.15; and

 

(9) school-age care programs, according to section 124D.19, subdivision 11.; and

 

(10) preschool care programs, according to section 124D.19, subdivision 11a.


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8147

(b) In addition to money from other sources, a district may use up to ten percent of its community education revenue for equipment that is used exclusively in community education programs.  This revenue may be used only for the following purposes:

 

(1) to purchase or lease computers and related materials;

 

(2) to purchase or lease equipment for instructional programs; and

 

(3) to purchase textbooks and library books.

 

(c) General community education revenue must not be used to subsidize the direct activity costs for adult enrichment programs.  Direct activity costs include, but are not limited to, the cost of the activity leader or instructor, cost of materials, or transportation costs."

 

Page 2, delete section 2 and insert:

 

"Sec. 4.  Minnesota Statutes 2020, section 124D.22, is amended to read:

 

124D.22 SCHOOL-AGE WRAP-AROUND CARE REVENUE.

 

Subdivision 1.  Eligibility.  A district that offers a school-age care program according to section 124D.19, subdivision 11, or a preschool care program according to section 124D.19, subdivision 11a, is eligible for school‑age wrap-around care revenue for the additional costs of providing services to children with disabilities or to children experiencing family or related problems of a temporary nature who participate in the school-age care program or the preschool care program.

 

Subd. 2.  School-age Wrap-around care revenue.  The school-age wrap-around care revenue for an eligible district equals the approved additional cost of providing services to children with disabilities or children experiencing family or related problems of a temporary nature who participate in the school-age care program or the preschool care program.

 

Subd. 3.  School-age Wrap-around care levy.  For fiscal year 2023 and later, to obtain school-age wrap-around care revenue, a school district may levy an amount equal to the district's school-age wrap-around care revenue as defined in subdivision 2 multiplied by the lesser of one, or the ratio of the quotient derived by dividing the adjusted net tax capacity of the district for the year before the year the levy is certified by the resident pupil units in the district for the school year to which the levy is attributable, to $2,318 $15,747.

 

Subd. 4.  School-age Wrap-around care aid.  A district's school-age wrap-around care aid is the difference between its school-age wrap-around care revenue and its school-age wrap-around care levy.  If a district does not levy the entire amount permitted, school-age wrap-around care aid must be reduced in proportion to the actual amount levied.

 

Sec. 5.  Minnesota Statutes 2020, section 127A.49, subdivision 2, is amended to read:

 

Subd. 2.  Abatements.  Whenever by virtue of chapter 278, sections 270C.86, 375.192, or otherwise, the net tax capacity or referendum market value of any district for any taxable year is changed after the taxes for that year have been spread by the county auditor and the local tax rate as determined by the county auditor based upon the original net tax capacity is applied upon the changed net tax capacities, the county auditor must, prior to February 1 of each year, certify to the commissioner of education the amount of any resulting net revenue loss that accrued to the


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8148

district during the preceding year.  Each year, the commissioner must pay an abatement adjustment to the district in an amount calculated according to the provisions of this subdivision.  This amount must be deducted from the amount of the levy authorized by section 126C.46.  The amount of the abatement adjustment must be the product of:

 

(1) the net revenue loss as certified by the county auditor, times

 

(2) the ratio of:

 

(i) the sum of the amounts of the district's certified levy in the third preceding year according to the following:

 

(A) section 123B.595, if the district received long-term facilities maintenance aid according to that section for the second preceding year;

 

(B) section 124D.20, if the district received aid for community education programs according to that section for the second preceding year;

 

(C) section 124D.135, subdivision 3, if the district received early childhood family education aid according to section 124D.135 for the second preceding year;

 

(D) section 126C.17, subdivision 6, if the district received referendum equalization aid according to that section for the second preceding year;

 

(E) section 126C.10, subdivision 13a, if the district received operating capital aid according to section 126C.10, subdivision 13b, in the second preceding year;

 

(F) section 126C.10, subdivision 29, if the district received equity aid according to section 126C.10, subdivision 30, in the second preceding year;

 

(G) section 126C.10, subdivision 32, if the district received transition aid according to section 126C.10, subdivision 33, in the second preceding year;

 

(H) section 123B.53, subdivision 5, if the district received debt service equalization aid according to section 123B.53, subdivision 6, in the second preceding year;

 

(I) section 123B.535, subdivision 4, if the district received natural disaster debt service equalization aid according to section 123B.535, subdivision 5, in the second preceding year;

 

(J) section 124D.22, subdivision 3, if the district received school-age wrap-around care aid according to section 124D.22, subdivision 4, in the second preceding year;

 

(K) section 126C.10, subdivision 2e, paragraph (b), if the district received local optional aid according to section 126C.10, subdivision 2e, paragraph (c), in the second preceding year; and

 

(L) section 122A.415, subdivision 5, if the district received alternative teacher compensation equalization aid according to section 122A.415, subdivision 6, paragraph (a), in the second preceding year; to

 

(ii) the total amount of the district's certified levy in the third preceding December, plus or minus auditor's adjustments.


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8149

Sec. 6.  Minnesota Statutes 2021 Supplement, section 127A.49, subdivision 3, is amended to read:

 

Subd. 3.  Excess tax increment.  (a) If a return of excess tax increment is made to a district pursuant to sections 469.176, subdivision 2, and 469.177, subdivision 9, or upon decertification of a tax increment district, the school district's aid and levy limitations must be adjusted for the fiscal year in which the excess tax increment is paid under the provisions of this subdivision.

 

(b) An amount must be subtracted from the district's aid for the current fiscal year equal to the product of:

 

(1) the amount of the payment of excess tax increment to the district in the preceding year, times

 

(2) the ratio of:

 

(i) the sum of the amounts of the district's certified levy in the third preceding year according to the following:

 

(A) section 123B.57, if the district received health and safety aid according to that section for the second preceding year;

 

(B) section 124D.20, if the district received aid for community education programs according to that section for the second preceding year;

 

(C) section 124D.135, subdivision 3, if the district received early childhood family education aid according to section 124D.135 for the second preceding year;

 

(D) section 126C.17, subdivision 6, if the district received referendum equalization aid according to that section for the second preceding year;

 

(E) section 126C.10, subdivision 13a, if the district received operating capital aid according to section 126C.10, subdivision 13b, in the second preceding year;

 

(F) section 126C.10, subdivision 29, if the district received equity aid according to section 126C.10, subdivision 30, in the second preceding year;

 

(G) section 126C.10, subdivision 32, if the district received transition aid according to section 126C.10, subdivision 33, in the second preceding year;

 

(H) section 123B.53, subdivision 5, if the district received debt service equalization aid according to section 123B.53, subdivision 6, in the second preceding year;

 

(I) section 123B.535, subdivision 4, if the district received natural disaster debt service equalization aid according to section 123B.535, subdivision 5, in the second preceding year;

 

(J) section 124D.22, subdivision 3, if the district received school-age wrap-around care aid according to section 124D.22, subdivision 4, in the second preceding year; and

 

(K) section 122A.415, subdivision 5, if the district received alternative teacher compensation equalization aid according to section 122A.415, subdivision 6, paragraph (a), in the second preceding year; to

 

(ii) the total amount of the district's certified levy in the third preceding year, plus or minus auditor's adjustments.


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8150

(c) An amount must be subtracted from the school district's levy limitation for the next levy certified equal to the difference between:

 

(1) the amount of the distribution of excess increment; and

 

(2) the amount subtracted from aid pursuant to clause (a).

 

If the aid and levy reductions required by this subdivision cannot be made to the aid for the fiscal year specified or to the levy specified, the reductions must be made from aid for subsequent fiscal years, and from subsequent levies.  The school district must use the payment of excess tax increment to replace the aid and levy revenue reduced under this subdivision.

 

(d) This subdivision applies only to the total amount of excess increments received by a district for a calendar year that exceeds $25,000."

 

Page 3, line 3, strike "School-age" and insert "Wrap-around" and strike "school-age" and insert "wrap-around"

 

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 3, delete the second "school-age" and insert "wrap-around" and after the second semicolon, insert "providing for wrap-around care revenue;"

 

Correct the title numbers accordingly

 

 

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

 

      The report was adopted.

 

 

Stephenson from the Committee on Commerce Finance and Policy to which was referred:

 

H. F. No. 3513, A bill for an act relating to health care; creating a premium assistance program for child care workers; requiring a report; proposing coding for new law in Minnesota Statutes, chapter 62V.

 

Reported the same back with the following amendments:

 

Page 2, line 12, after "silver" insert "or gold"

 

Page 3, line 1, delete everything after "than" and insert "November 1, 2023."

 

Page 3, delete line 2

 

Page 3, line 15, delete "2023" and insert "2024"

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Early Childhood Finance and Policy.

 

      The report was adopted.


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8151

           Pelowski from the Committee on Industrial Education and Economic Development Finance and Policy to which was referred:

 

H. F. No. 3525, A bill for an act relating to capital investment; appropriating money for improvements to publicly owned infrastructure in the city of Braham.

 

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

 

      The report was adopted.

 

 

      Nelson, M., from the Committee on State Government Finance and Elections to which was referred:

 

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

 

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

 

      The report was adopted.

 

 

      Richardson from the Committee on Education Policy to which was referred:

 

H. F. No. 3554, A bill for an act relating to education; modifying alternative teacher preparation program grant eligibility; appropriating money; amending Minnesota Statutes 2020, section 136A.1276.

 

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

 

      The report was adopted.

 

 

      Schultz from the Committee on Human Services Finance and Policy to which was referred:

 

H. F. No. 3599, A bill for an act relating to human services; adding priority for trauma-informed services; creating a study on sexual exploitation and trafficking; appropriating money for study on sexual exploitation and trafficking; appropriating money for sexually exploited youth; amending Minnesota Statutes 2020, section 145.4716, by adding a subdivision.

 

Reported the same back with the following amendments:

 

Page 1, line 16, delete "human services" and insert "health"

 

Page 2, line 3, delete "$300,000" and insert "$......."

 

Page 2, line 4, delete "human services" and insert "health"

 

Page 2, line 10, after "for" insert "safe harbor" and delete "under"


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8152

Page 2, line 11, delete everything before "to"

 

Page 2, lines 13, 16, and 19, after the period, insert "This appropriation is added to the base."

 

Page 2, line 15, after "for" insert "grants to fund supportive services including but not limited to legal services, mental health therapy, substance use disorder counseling, and case management for"

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Health Finance and Policy.

 

      The report was adopted.

 

 

      Hornstein from the Committee on Transportation Finance and Policy to which was referred:

 

H. F. No. 3635, A bill for an act relating to transit; requiring certain training for transit operators on assisting passengers; amending Minnesota Statutes 2020, section 473.375, by adding a subdivision.

 

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

 

      The report was adopted.

 

 

      Pelowski from the Committee on Industrial Education and Economic Development Finance and Policy to which was referred:

 

H. F. No. 3674, A bill for an act relating to capital investment; appropriating money for a new regional wastewater treatment facility in Goodhue County.

 

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

 

      The report was adopted.

 

 

      Liebling from the Committee on Health Finance and Policy to which was referred:

 

H. F. No. 3696, A bill for an act relating to health; modifying data collected under the all-payer claims database and uses of this data; requiring the commissioner of health to study and report on systems used by health plan companies and third-party administrators to pay health care providers; amending Minnesota Statutes 2020, sections 62U.04, subdivision 11, by adding a subdivision; 62U.10, subdivision 7; Minnesota Statutes 2021 Supplement, section 62U.04, subdivisions 4, 5.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2020, section 62U.04, is amended by adding a subdivision to read:

 

Subd. 5b.  Non-claims-based payments.  (a) Beginning in 2024, all health plan companies and third-party administrators shall submit to a private entity designated by the commissioner of health all non-claims-based payments made to health care providers.  The data shall be submitted in a form, manner, and frequency specified by


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8153

the commissioner.  Non-claims-based payments are payments to health care providers designed to pay for value of health care services over volume of health care services and include alternative payment models or incentives, payments for infrastructure expenditures or investments, and payments for workforce expenditures or investments.  Non-claims-based payments submitted under this subdivision must, to the extent possible, be attributed to a health care provider in the same manner in which claims-based data are attributed to a health care provider and, where appropriate, must be combined with data collected under subdivisions 4 and 5 in analyses of health care spending.

 

(b) Data collected under this subdivision are nonpublic data as defined in section 13.02.  Notwithstanding the definition of summary data in section 13.02, subdivision 19, summary data prepared under this subdivision may be derived from nonpublic data.  The commissioner shall establish procedures and safeguards to protect the integrity and confidentiality of any data maintained by the commissioner.

 

(c) The commissioner shall consult with health plan companies, hospitals, and health care providers in developing the data reported under this subdivision and standardized reporting forms.

 

Sec. 2.  Minnesota Statutes 2020, section 62U.04, subdivision 11, is amended to read:

 

Subd. 11.  Restricted uses of the all-payer claims data.  (a) Notwithstanding subdivision 4, paragraph (b), and subdivision 5, paragraph (b), the commissioner or the commissioner's designee shall only use the data submitted under subdivisions 4 and, 5, and 5b for the following purposes:

 

(1) to evaluate the performance of the health care home program as authorized under section 62U.03, subdivision 7;

 

(2) to study, in collaboration with the reducing avoidable readmissions effectively (RARE) campaign, hospital readmission trends and rates;

 

(3) to analyze variations in health care costs, quality, utilization, and illness burden based on geographical areas or populations;

 

(4) to evaluate the state innovation model (SIM) testing grant received by the Departments of Health and Human Services, including the analysis of health care cost, quality, and utilization baseline and trend information for targeted populations and communities; and

 

(5) to compile one or more public use files of summary data or tables that must:

 

(i) be available to the public for no or minimal cost by March 1, 2016, and available by web-based electronic data download by June 30, 2019;

 

(ii) not identify individual patients, payers, or providers;

 

(iii) be updated by the commissioner, at least annually, with the most current data available;

 

(iv) contain clear and conspicuous explanations of the characteristics of the data, such as the dates of the data contained in the files, the absence of costs of care for uninsured patients or nonresidents, and other disclaimers that provide appropriate context; and

 

(v) not lead to the collection of additional data elements beyond what is authorized under this section as of June 30, 2015.


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8154

(b) The commissioner may publish the results of the authorized uses identified in paragraph (a) so long as the data released publicly do not contain information or descriptions in which the identity of individual hospitals, clinics, or other providers may be discerned.

 

(c) Nothing in this subdivision shall be construed to prohibit the commissioner from using the data collected under subdivision 4 to complete the state-based risk adjustment system assessment due to the legislature on October 1, 2015.

 

(d) The commissioner or the commissioner's designee may use the data submitted under subdivisions 4 and 5 for the purpose described in paragraph (a), clause (3), until July 1, 2023.

 

(e) (d) The commissioner shall consult with the all-payer claims database work group established under subdivision 12 regarding the technical considerations necessary to create the public use files of summary data described in paragraph (a), clause (5).

 

Sec. 3.  Minnesota Statutes 2020, section 62U.10, subdivision 7, is amended to read:

 

Subd. 7.  Outcomes reporting; savings determination.  (a) Beginning November 1, 2016, and Each November 1 thereafter, the commissioner of health shall determine the actual total private and public health care and long-term care spending for Minnesota residents related to each health indicator projected in subdivision 6 for the most recent calendar year available.  The commissioner shall determine the difference between the projected and actual spending for each health indicator and for each year, and determine the savings attributable to changes in these health indicators.  The assumptions and research methods used to calculate actual spending must be determined to be appropriate by an independent actuarial consultant.  If the actual spending is less than the projected spending, the commissioner, in consultation with the commissioners of human services and management and budget, shall use the proportion of spending for state-administered health care programs to total private and public health care spending for each health indicator for the calendar year two years before the current calendar year to determine the percentage of the calculated aggregate savings amount accruing to state-administered health care programs.

 

(b) The commissioner may use the data submitted under section 62U.04, subdivisions 4 and, 5, and 5b, to complete the activities required under this section, but may only report publicly on regional data aggregated to granularity of 25,000 lives or greater for this purpose.

 

Sec. 4.  REPORT ON TRANSPARENCY OF HEALTH CARE PAYMENTS.

 

Subdivision 1.  Definitions.  (a) The terms defined in this subdivision apply to this section.

 

(b) "Commissioner" means the commissioner of health.

 

(c) "Non-claims-based payments" means payments to health care providers designed to support and reward value of health care services over volume of health care services and includes alternative payment models or incentives, payments for infrastructure expenditures or investments, and payments for workforce expenditures or investments.

 

(d) "Nonpublic data" has the meaning given in Minnesota Statutes, section 13.02, subdivision 9.

 

(e) "Primary care services" means integrated, accessible health care services provided by clinicians who are accountable for addressing a large majority of personal health care needs, developing a sustained partnership with patients, and practicing in the context of family and community.  Primary care services include but are not limited to preventive services, office visits, administration of vaccines, annual physicals, pre-operative physicals, assessments, care coordination, development of treatment plans, management of chronic conditions, and diagnostic tests.


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8155

Subd. 2.  Report.  (a) To provide the legislature with information needed to meet the evolving health care needs of Minnesotans, the commissioner shall report to the legislature by February 15, 2023, on the volume and distribution of health care spending across payment models used by health plan companies and third-party administrators, with a particular focus on value-based care models and primary care spending.

 

(b) The report must include specific health plan and third-party administrator estimates of health care spending for claims-based payments and non-claims-based payments for the most recent available year, reported separately for Minnesotans enrolled in state health care programs, Medicare Advantage, and commercial health insurance.  The report must also include recommendations on changes needed to gather better data from health plan companies and third-party administrators on the use of value-based payments that pay for value of health care services provided over volume of services provided, promote the health of all Minnesotans, reduce health disparities, and support the provision of primary care services and preventive services.

 

(c) In preparing the report, the commissioner shall:

 

(1) describe the form, manner, and timeline for submission of data by health plan companies and third-party administrators to produce estimates as specified in paragraph (b);

 

(2) collect summary data that permits the computation of:

 

(i) the percentage of total payments that are non-claims-based payments; and

 

(ii) the percentage of payments in item (i) that are for primary care services;

 

(3) where data was not directly derived, specify the methods used to estimate data elements;

 

(4) notwithstanding Minnesota Statutes, section 62U.04, subdivision 11, conduct analyses of the magnitude of primary care payments using data collected by the commissioner under Minnesota Statutes, section 62U.04; and

 

(5) conduct interviews with health plan companies and third-party administrators to better understand the types of non-claims-based payments and models in use, the purposes or goals of each, the criteria for health care providers to qualify for these payments, and the timing and structure of health plan companies or third-party administrators making these payments to health care provider organizations.

 

(d) Health plan companies and third-party administrators must comply with data requests from the commissioner under this section within 60 days after receiving the request.

 

(e) Data collected under this section are nonpublic data.  Notwithstanding the definition of summary data in Minnesota Statutes, section 13.02, subdivision 19, summary data prepared under this section may be derived from nonpublic data.  The commissioner shall establish procedures and safeguards to protect the integrity and confidentiality of any data maintained by the commissioner."

 

Delete the title and insert:

 

"A bill for an act relating to health; requiring disclosure of certain payments made to health care providers; changing a provision for all-payer claims data; requiring a report on transparency of health care payments; amending Minnesota Statutes 2020, sections 62U.04, subdivision 11, by adding a subdivision; 62U.10, subdivision 7."

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on State Government Finance and Elections.

 

      The report was adopted.


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8156

           Pelowski from the Committee on Industrial Education and Economic Development Finance and Policy to which was referred:

 

H. F. No. 3712, A bill for an act relating to capital investment; appropriating planning money for water infrastructure replacement in St. Augusta.

 

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

 

      The report was adopted.

 

 

      Moran from the Committee on Ways and Means to which was referred:

 

H. F. No. 3717, A bill for an act relating to state government; modifying the comprehensive health association; modifying the Minnesota premium security plan; modifying provisions governing health insurance; requiring certain additional coverage under health plans; establishing a Mental Health Parity and Substance Abuse Accountability Office; requiring a proposal for a public option; requiring a report; transferring money; appropriating money; amending Minnesota Statutes 2020, sections 62E.10, by adding a subdivision; 62E.23, subdivision 3; 62K.06, subdivision 2; 62Q.81, by adding a subdivision; 256B.0625, by adding a subdivision; 256L.03, subdivision 5; Laws 2017, chapter 13, article 1, section 15, as amended; Laws 2021, First Special Session chapter 7, article 15, section 3; proposing coding for new law in Minnesota Statutes, chapter 62Q; repealing Minnesota Statutes 2020, section 62E.10, subdivision 2.

 

Reported the same back with the following amendments:

 

Page 9, line 31, delete "$42,465,000" and insert "$110,673,087"

 

Page 10, line 9, before "$500,000" insert "(a)"

 

Page 10, after line 11, insert:

 

"(b) $3,929,000 in fiscal year 2023 is appropriated from the general fund to the commissioner of human services to compare health care service delivery and payment system models under section 11 and to develop proposals for a public option program under section 12.  This money is available until June 30, 2024."

 

 

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

 

      The report was adopted.

 

 

      Mariani from the Committee on Public Safety and Criminal Justice Reform Finance and Policy to which was referred:

 

H. F. No. 3722, A bill for an act relating to liquor; establishing a liquor regulation advisory council; proposing coding for new law in Minnesota Statutes, chapter 340A.

 

Reported the same back with the following amendments:

 

Page 1, after line 4, insert:


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8157

"Section 1.  Minnesota Statutes 2020, section 340A.404, subdivision 1, is amended to read:

 

Subdivision 1.  Cities.  (a) A city may issue an on-sale intoxicating liquor license to the following establishments located within its jurisdiction:

 

(1) hotels;

 

(2) restaurants;

 

(3) bowling centers;

 

(4) clubs or congressionally chartered veterans organizations with the approval of the commissioner, provided that the organization has been in existence for at least three years and liquor sales will only be to members and bona fide guests, except that a club may permit the general public to participate in a wine tasting conducted at the club under section 340A.419;

 

(5) sports facilities, restaurants, clubs, or bars located on land owned or leased by the Minnesota Sports Facilities Authority;

 

(6) sports facilities located on land owned by the Metropolitan Sports Commission; and

 

(7) exclusive liquor stores.

 

(b) A city may issue an on-sale intoxicating liquor license, an on-sale wine license, or an on-sale malt liquor license to a theater within the city, notwithstanding any law, local ordinance, or charter provision.  A license issued under this paragraph authorizes sales on all days of the week to persons attending events at the theater.

 

(c) A city may issue an on-sale intoxicating liquor license, an on-sale wine license, or an on-sale malt liquor license to a convention center within the city, notwithstanding any law, local ordinance, or charter provision.  A license issued under this paragraph authorizes sales on all days of the week to persons attending events at the convention center.  This paragraph does not apply to convention centers located in the seven-county metropolitan area.

 

(d) A city municipality may issue an on-sale wine license and an on-sale malt liquor license to a person who is the owner of a summer collegiate league baseball team, or baseball team competing in a league established by the Minnesota Baseball Association, or to a person holding a concessions or management contract with the owner, for beverage sales at a ballpark or stadium located within the city municipality for the purposes of summer collegiate league baseball games, town ball games, and any other events at the ballpark or stadium, notwithstanding any law, local ordinance, or charter provision.  A license issued under this paragraph authorizes sales on all days of the week to persons attending baseball games and any other events at the ballpark or stadium.

 

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

 

Page 1, line 7, delete everything after the period

 

Page 1, line 8, delete "must be a nonvoting member."

 

Page 2, line 7, delete "340A.404" and insert "340A.301"

 

Page 2, after line 21, insert:


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8158

"(f) The governor must appoint a member of the council to serve as chair.  The chair is the presiding officer at all meetings of the council."

 

Page 2, line 22, delete "The Liquor Regulation Advisory Council must"

 

Page 2, delete lines 23 and 24

 

Page 2, line 31, delete "and" and insert "or"

 

Page 2, line 32, delete "Alcohol and Gambling" and insert "commissioner or the commissioner's designee"

 

Page 3, line 1, delete "Enforcement Division of the Department of Public Safety"

 

Page 3, line 13, delete "director of the Alcohol and Gambling Enforcement" and insert "commissioner or the commissioner's designee"

 

Page 3, line 14, delete "Division of the Department of Public Safety" and delete "serve as" and insert "appoint an"

 

Page 3, line 17, delete everything after the period

 

Page 3, delete lines 18 to 28

 

Page 3, after line 32, insert:

 

"Sec. 3.  APPROPRIATION.

 

$250,000 in fiscal year 2023 is appropriated from the general fund to the commissioner of public safety for the purpose of hiring two additional full-time employees in the Division of Alcohol and Gambling Enforcement."

 

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 2, after the first semicolon, insert "modifying on-sale license provision;" and after "council" insert "; appropriating money for additional employees in the Division of Alcohol and Gambling Enforcement"

 

Correct the title numbers accordingly

 

 

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

 

      The report was adopted.

 

 

      Hansen, R., from the Committee on Environment and Natural Resources Finance and Policy to which was referred:

 

H. F. No. 3761, A bill for an act relating to natural resources; modifying enforcement authority for appropriating water; amending Minnesota Statutes 2020, section 103G.299, subdivisions 1, 2, 5; proposing coding for new law in Minnesota Statutes, chapter 103G.

 

Reported the same back with the following amendments:


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8159

Page 4, after line 6, insert:

 

"Sec. 6.  Minnesota Statutes 2020, section 103G.299, subdivision 10, is amended to read:

 

Subd. 10.  Cumulative remedy.  The authority of the commissioner to issue a corrective order assessing penalties is in addition to other remedies available under statutory or common law, except that the state may not seek civil penalties under any other provision of law for the violations covered by the administrative penalty order.  The payment of a penalty does not preclude the use of other enforcement provisions, under which penalties are not assessed, in connection with the violation for which the penalty was assessed."

 

Renumber the sections in sequence

 

Correct the title numbers accordingly

 

 

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

 

      The report was adopted.

 

 

      Stephenson from the Committee on Commerce Finance and Policy to which was referred:

 

H. F. No. 3775, A bill for an act relating to commerce; modifying registration filing for franchises; amending Minnesota Statutes 2020, section 80C.08, subdivision 1.

 

Reported the same back with the following amendments:

 

Page 1, line 11, delete "2022" and insert "2023"

 

 

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

 

      The report was adopted.

 

 

      Hansen, R., from the Committee on Environment and Natural Resources Finance and Policy to which was referred:

 

H. F. No. 3787, A bill for an act relating to natural resources; requiring safety education and permitting for certain watercraft operators; amending Minnesota Statutes 2020, sections 86B.313, subdivisions 3, 4; 171.07, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 86B; repealing Minnesota Statutes 2020, sections 86B.101; 86B.305.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  [86B.30] DEFINITIONS.

 

Subdivision 1.  Applicability.  The definitions in this section apply to sections 86B.30 to 86B.341.


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8160

Subd. 2.  Accompanying operator.  "Accompanying operator" means a person 21 years of age or older who:

 

(1) is in a personal watercraft or other type of motorboat;

 

(2) is within immediate reach of the controls of the motor; and

 

(3) possesses a valid operator's permit or is an exempt operator.

 

Subd. 3.  Adult operator.  "Adult operator" means a motorboat operator, including a personal watercraft operator, who is 12 years of age or older and who was:

 

(1) effective July 1, 2024, born on or after July 1, 2003;

 

(2) effective July 1, 2025, born on or after July 1, 1999;

 

(3) effective July 1, 2026, born on or after July 1, 1995; and

 

(4) effective July 1, 2027, born on or after July 1, 1987.

 

Subd. 4.  Exempt operator.  "Exempt operator" means a motorboat operator, including a personal watercraft operator, who is 12 years of age or older and who:

 

(1) possesses a valid license to operate a motorboat issued for maritime personnel by the United States Coast Guard under Code of Federal Regulations, title 46, part 10, or a marine certificate issued by the Canadian government;

 

(2) is not a resident of the state, is temporarily using the waters of the state for a period not to exceed 60 days, and:

 

(i) meets any applicable requirements of the state of residency; or

 

(ii) possesses a Canadian pleasure craft operator's card;

 

(3) is operating a motorboat under a dealer's license according to section 86B.405; or

 

(4) is operating a motorboat during an emergency.

 

Subd. 5.  Motorboat rental business.  "Motorboat rental business" means a person engaged in the business of renting or leasing motorboats, including personal watercraft, for a period not exceeding 30 days.  Motorboat rental business includes a person's agents and employees.

 

Subd. 6.  Young operator.  "Young operator" means a motorboat operator, including a personal watercraft operator, younger than 12 years of age.

 

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

 

Sec. 2.  [86B.302] WATERCRAFT OPERATOR'S PERMIT.

 

Subdivision 1.  Generally.  The commissioner must issue a watercraft operator's permit to a person 12 years of age or older who successfully completes a water safety course and written test according to section 86B.304, paragraph (a), or who provides proof of completion of a program subject to a reciprocity agreement or certified by the commissioner as substantially similar.


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8161

Subd. 2.  Issuing permit to certain young operators.  The commissioner may issue a permit under this section to a person who is at least 11 years of age, but the permit is not valid until the person becomes an adult operator.

 

Subd. 3.  Personal possession required.  (a) A person who is required to have a watercraft operator's permit must have in personal possession:

 

(1) a valid watercraft operator's permit;

 

(2) a driver's license that has a valid watercraft operator's permit indicator issued under section 171.07, subdivision 20; or

 

(3) an identification card that has a valid watercraft operator's permit indicator issued under section 171.07, subdivision 20.

 

(b) A person who is required to have a watercraft operator's permit must display one of the documents described in paragraph (a) to a conservation officer or peace officer upon request.

 

Subd. 4.  Using electronic device to display proof of permit.  If a person uses an electronic device to display a document described in subdivision 3 to a conservation officer or peace officer:

 

(1) the officer is immune from liability for any damage to the device, unless the officer does not exercise due care in handling the device; and

 

(2) this does not constitute consent for the officer to access other contents on the device.

 

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

 

Sec. 3.  [86B.303] OPERATING PERSONAL WATERCRAFT AND OTHER MOTORBOATS.

 

Subdivision 1.  Adult operators.  An adult operator may not operate a motorboat, including a personal watercraft, unless:

 

(1) the adult operator possesses a valid watercraft operator's permit;

 

(2) the adult operator is an exempt operator; or

 

(3) an accompanying operator is in the motorboat.

 

Subd. 2.  Young operators.  (a) A young operator may not operate a personal watercraft or any motorboat powered by a motor with a factory rating of more than 75 horsepower.

 

(b) A young operator may operate a motorboat that is not a personal watercraft and that is powered by a motor with a factory rating of less than 75 horsepower if an accompanying operator is in the motorboat.

 

Subd. 3.  Accompanying operators.  For purposes of this section and section 169A.20, an accompanying operator, as well as the actual operator, is operating and is in physical control of a motorboat.

 

Subd. 4.  Owners may not allow unlawful use.  An owner or other person in lawful control of a motorboat may not allow the motorboat to be operated contrary to this section.

 

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


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8162

Sec. 4.  [86B.304] WATERCRAFT SAFETY PROGRAM.

 

(a) The commissioner must establish a water safety course and testing program for personal watercraft and watercraft operators and must prescribe a written test as part of the course.  The course must be approved by the National Association of State Boating Law Administrators and must be available online.  The commissioner may allow designated water safety courses administered by third parties to meet the requirements of this paragraph and may enter into reciprocity agreements or otherwise certify boat safety education programs from other states that are substantially similar to in-state programs.  The commissioner must establish a working group of interested parties to develop course content and implementation.  The course must include content on aquatic invasive species mitigation best management practices, reducing conflicts among user groups, and limiting the ecological impacts of watercraft.

 

(b) The commissioner must create or designate a short boater safety examination to be administered by motorboat rental businesses, as required by section 86B.306, subdivision 3.

 

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

 

Sec. 5.  [86B.306] MOTORBOAT RENTAL BUSINESSES.

 

Subdivision 1.  Requirements.  A motorboat rental business must not rent or lease a motorboat, including a personal watercraft, to any person for operation on the waters of the state unless the renter or lessee:

 

(1) has a valid watercraft operator's permit or is an exempt operator; and

 

(2) is 18 years of age or older.

 

Subd. 2.  Authorized operators.  A motorboat rental business must list on each motorboat rental or lease agreement the name and age of each operator who is authorized to operate the motorboat or personal watercraft.  The renter or lessee of the motorboat must ensure that only listed authorized operators operate the motorboat or personal watercraft.

 

Subd. 3.  Summary of boating regulations; examination.  (a) A motorboat rental business must provide each authorized operator a summary of the statutes and rules governing operation of motorboats and personal watercraft in the state and instructions for safe operation.

 

(b) Each authorized operator must review the summary provided under this subdivision and must take a short boater safety examination in a form approved by the commissioner before the motorboat or personal watercraft leaves the motorboat rental business premises.

 

Subd. 4.  Safety equipment for personal watercraft.  A motorboat rental business must provide at no additional cost a United States Coast Guard (USCG) approved wearable personal flotation device with a USCG label indicating it either is approved for or does not prohibit use with personal watercraft or water-skiing and any other required safety equipment to all persons who rent a personal watercraft.

 

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

 

Sec. 6.  Minnesota Statutes 2020, section 86B.313, subdivision 4, is amended to read:

 

Subd. 4.  Dealers and rental operations.  (a) A dealer of personal watercraft shall distribute a summary of the laws and rules governing the operation of personal watercraft and, upon request, shall provide instruction to a purchaser regarding:


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8163

(1) the laws and rules governing personal watercraft; and

 

(2) the safe operation of personal watercraft.

 

(b) A person who offers personal watercraft for rent:

 

(1) shall provide a summary of the laws and rules governing the operation of personal watercraft and provide instruction regarding the laws and rules and the safe operation of personal watercraft to each person renting a personal watercraft;

 

(2) shall provide a United States Coast Guard (USCG) approved wearable personal flotation device with a USCG label indicating it either is approved for or does not prohibit use with personal watercraft or water-skiing and any other required safety equipment to all persons who rent a personal watercraft at no additional cost; and

 

(3) shall require that a watercraft operator's permit from this state or from the operator's state of residence be shown each time a personal watercraft is rented to any person younger than age 18 and shall record the permit on the form provided by the commissioner.

 

(c) Each dealer of personal watercraft or person offering personal watercraft for rent shall have the person who purchases or rents a personal watercraft sign a form provided by the commissioner acknowledging that the purchaser or renter has been provided a copy of the laws and rules regarding personal watercraft operation and has read them.  The form must be retained by the dealer or person offering personal watercraft for rent for a period of six months following the date of signature and must be made available for inspection by sheriff's deputies or conservation officers during normal business hours.

 

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

 

Sec. 7.  Minnesota Statutes 2020, section 171.07, is amended by adding a subdivision to read:

 

Subd. 20.  Watercraft operator's permit.  (a) The department must maintain in its records information transmitted electronically from the commissioner of natural resources identifying each person to whom the commissioner of natural resources has issued a watercraft operator's permit.  The records transmitted from the Department of Natural Resources must contain the full name and date of birth as required for the driver's license or identification card.  Records that are not matched to a driver's license or identification card record may be deleted after seven years.

 

(b) After receiving information under paragraph (a) that a person has received a watercraft operator's permit, the department must include on all drivers' licenses or Minnesota identification cards subsequently issued to the person a graphic or written indication that the person has received the permit.

 

(c) If a person who has received a watercraft operator's permit applies for a driver's license or Minnesota identification card before that information has been transmitted to the department, the department may accept a copy of the certificate as proof of its issuance and must then follow the procedures in paragraph (b).

 

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

 

Sec. 8.  REPEALER.

 

Minnesota Statutes 2020, sections 86B.101; 86B.305; and 86B.313, subdivisions 2 and 3, are repealed.

 

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


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8164

Delete the title and insert:

 

"A bill for an act relating to natural resources; requiring safety education and permitting for certain watercraft operators; establishing requirements for motorboat rental; amending Minnesota Statutes 2020, sections 86B.313, subdivision 4; 171.07, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 86B; repealing Minnesota Statutes 2020, sections 86B.101; 86B.305; 86B.313, subdivisions 2, 3."

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Transportation Finance and Policy.

 

      The report was adopted.

 

 

      Pelowski from the Committee on Industrial Education and Economic Development Finance and Policy to which was referred:

 

H. F. No. 3858, A bill for an act relating to capital investment; making changes to the water infrastructure funding program; making changes to the point source implementation grant program; establishing an innovative wastewater technical planning program; appropriating money for clean water; authorizing the sale and issuance of state bonds; amending Minnesota Statutes 2020, sections 446A.072, subdivision 5a; 446A.073, subdivision 1; 446A.075, by adding a subdivision.

 

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

 

      The report was adopted.

 

 

      Davnie from the Committee on Education Finance to which was referred:

 

H. F. No. 3906, A bill for an act relating to taxes; reducing school property taxes; increasing the equalizing factor for local optional revenue; amending Minnesota Statutes 2021 Supplement, section 126C.10, subdivision 2e.

 

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

 

      The report was adopted.

 

 

      Becker-Finn from the Committee on Judiciary Finance and Civil Law to which was referred:

 

H. F. No. 3972, A bill for an act relating to human rights; requiring nondiscrimination and equity in access to organ transplants; prescribing penalties; proposing coding for new law in Minnesota Statutes, chapter 363A.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2021 Supplement, section 363A.50, is amended to read:

 

363A.50 NONDISCRIMINATION IN ACCESS TO TRANSPLANTS.

 

Subdivision 1.  Definitions.  (a) For purposes of this section, the following terms have the meanings given unless the context clearly requires otherwise.


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8165

(b) "Anatomical gift" has the meaning given in section 525A.02, subdivision 4.

 

(c) "Auxiliary aids and services" include, but are not limited to:

 

(1) qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments and to non-English-speaking individuals;

 

(2) qualified readers, taped texts, texts in accessible electronic format, or other effective methods of making visually delivered materials available to individuals with visual impairments;

 

(3) the provision of information in a format that is accessible for individuals with cognitive, neurological, developmental, intellectual, or physical disabilities;

 

(4) the provision of supported decision-making services; and

 

(5) the acquisition or modification of equipment or devices.

 

(d) "Covered entity" means:

 

(1) any licensed provider of health care services, including licensed health care practitioners, hospitals, nursing facilities, laboratories, intermediate care facilities, psychiatric residential treatment facilities, institutions for individuals with intellectual or developmental disabilities, and prison health centers; or

 

(2) any entity responsible for matching anatomical gift donors to potential recipients.

 

(e) "Disability" has the meaning given in section 363A.03, subdivision 12.

 

(f) "Organ transplant" means the transplantation or infusion of a part of a human body into the body of another for the purpose of treating or curing a medical condition.

 

(g) "Qualified individual" means an individual who, with or without available support networks, the provision of auxiliary aids and services, or reasonable modifications to policies or practices, meets the essential eligibility requirements for the receipt of an anatomical gift.

 

(h) "Reasonable modifications" include, but are not limited to:

 

(1) communication with individuals responsible for supporting an individual with postsurgical and post‑transplantation care, including medication; and

 

(2) consideration of support networks available to the individual, including family, friends, and home and community-based services, including home and community-based services funded through Medicaid, Medicare, another health plan in which the individual is enrolled, or any program or source of funding available to the individual, in determining whether the individual is able to comply with post-transplant medical requirements.

 

(i) "Supported decision making" has the meaning given in section 524.5-102, subdivision 16a.

 

Subd. 2.  Prohibition of discrimination.  (a) A covered entity may not, on the basis of a qualified individual's race, ethnicity, mental disability, or physical disability:

 

(1) deem an individual ineligible to receive an anatomical gift or organ transplant;


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8166

(2) deny medical or related organ transplantation services, including evaluation, surgery, counseling, and postoperative treatment and care;

 

(3) refuse to refer the individual to a transplant center or other related specialist for the purpose of evaluation or receipt of an anatomical gift or organ transplant;

 

(4) refuse to place an individual on an organ transplant waiting list or place the individual at a lower-priority position on the list than the position at which the individual would have been placed if not for the individual's race, ethnicity, or disability; or

 

(5) decline insurance coverage for any procedure associated with the receipt of the anatomical gift or organ transplant, including post-transplantation and postinfusion care.

 

(b) Notwithstanding paragraph (a), a covered entity may take an individual's disability into account when making treatment or coverage recommendations or decisions, solely to the extent that the physical or mental disability has been found by a physician, following an individualized evaluation of the potential recipient to be medically significant to the provision of the anatomical gift or organ transplant.  The provisions of this section may not be deemed to require referrals or recommendations for, or the performance of, organ transplants that are not medically appropriate given the individual's overall health condition.

 

(c) If an individual has the necessary support system to assist the individual in complying with post-transplant medical requirements, an individual's inability to independently comply with those requirements may not be deemed to be medically significant for the purposes of paragraph (b).

 

(d) A covered entity must make reasonable modifications to policies, practices, or procedures, when such modifications are necessary to make services such as transplantation-related counseling, information, coverage, or treatment available to qualified individuals with disabilities, unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such services.

 

(e) A covered entity must take such steps as may be necessary to ensure that no qualified individual with a disability is denied services such as transplantation-related counseling, information, coverage, or treatment because of the absence of auxiliary aids and services, unless the entity can demonstrate that taking such steps would fundamentally alter the nature of the services being offered or result in an undue burden.  A covered entity is not required to provide supported decision-making services.

 

(f) A covered entity must otherwise comply with the requirements of Titles II and III of the Americans with Disabilities Act of 1990, the Americans with Disabilities Act Amendments Act of 2008, and the Minnesota Human Rights Act.

 

(g) The provisions of this section apply to each part of the organ transplant process.

 

Subd. 3.  Remedies.  In addition to all other remedies available under this chapter, any individual who has been subjected to discrimination in violation of this section may initiate a civil action in a court of competent jurisdiction to enjoin violations of this section."

 

Delete the title and insert:

 

"A bill for an act relating to human rights; adding race and ethnicity to nondiscrimination in access to transplants; amending Minnesota Statutes 2021 Supplement, section 363A.50."

 

 

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

 

      The report was adopted.


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8167

           Pelowski from the Committee on Industrial Education and Economic Development Finance and Policy to which was referred:

 

H. F. No. 4115, A bill for an act relating to capital investment; establishing a grant to replace lead drinking water service lines; establishing a grant for mapping lead service lines; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 446A.

 

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

 

      The report was adopted.

 

 

      Moran from the Committee on Ways and Means to which was referred:

 

S. F. No. 2876, A bill for an act relating to health and human services; granting the commissioner of human services temporary authority to reinstate waivers and modifications to certain human services programs; granting the commissioner of health temporary emergency authority to grant certain COVID waivers; temporarily modifying the authority of the Emergency Medical Services Regulatory Board; modifying the membership and duties of the task force on eliminating subminimum wages; exempting certain rate increases from a contingent appropriation requirement; establishing a temporary staffing pool; appropriating money; amending Laws 2021, First Special Session chapter 7, article 16, section 28; article 17, section 14.

 

Reported the same back with the following amendments:

 

Page 2, delete section 2

 

Page 6, delete section 3

 

Page 6, line 26, after "statutes" insert "and rules"

 

Page 6, line 31, delete "and"

 

Page 7, line 2, delete "bed capacity," and insert "permitting an increase of licensed bed capacity only and no expansion of medical assistance certification to new or existing"

 

Page 7, line 3, delete the period and insert "; and"

 

Page 7, after line 3, insert:

 

"(3) Minnesota Statutes, chapters 144 and 144A, and Minnesota Rules, chapters 4640 and 4658, for hospitals and nursing homes relating to licensing fees.  On the waiver application form, the hospital or nursing home seeking a waiver must attest that the fee waiver is needed due to hardship."

 

Page 7, delete lines 27 to 29 and insert:

 

"(3) CV11:  allowing video conferencing in monthly foster care visits by a child's caseworker when:

 

(i) there is a declaration of a federal or state emergency that prohibits or strongly discourages person-to-person contact for public health reasons; and


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8168

(ii) there is a person in the foster care household with a confirmed or suspected case of COVID-19.  For purposes of this clause, "suspected case of COVID-19" means a person who is exhibiting the signs and symptoms of COVID-19 and has either been tested for COVID-19 and is waiting for test results or has not been tested for COVID-19;"

 

Page 8, line 24, after "provider" insert "through June 26, 2022"

 

Page 8, line 29, after "COVID-19" insert ", through June 26, 2022," and after "families" insert "receiving child care assistance"

 

Renumber the sections in sequence

 

Correct the title numbers accordingly

 

 

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

 

      The report was adopted.

 

 

SECOND READING OF HOUSE BILLS

 

 

      H. F. Nos. 726, 2399, 2919, 2920, 3098, 3134, 3143, 3176, 3260, 3379, 3400, 3545, 3635, 3717, 3775 and 3972 were read for the second time.

 

 

SECOND READING OF SENATE BILLS

 

 

      S. F. No. 2876 was read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

Pinto introduced:

 

H. F. No. 4228, A bill for an act relating to early childhood; providing for supplemental funding for early childhood programs; appropriating money; amending Minnesota Statutes 2020, sections 119A.52; 120A.20, subdivision 1; 120A.41; 121A.17, subdivision 3; 121A.19; 124D.13, subdivisions 2, 3; 124D.141, subdivision 2; 124D.151, as amended; 124D.165, subdivisions 2, 3; Minnesota Statutes 2021 Supplement, sections 126C.05, subdivisions 1, 3; 126C.10, subdivision 2d; 245.4889, subdivision 1; Laws 2021, First Special Session chapter 13, article 9, section 4, subdivisions 3, 5, 6; proposing coding for new law in Minnesota Statutes, chapter 122A.

 

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


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8169

Bahner and Albright introduced:

 

H. F. No. 4229, A bill for an act relating to health care; mitigating shared losses under the integrated health partnership demonstration projects.

 

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

 

 

Edelson introduced:

 

H. F. No. 4230, A bill for an act relating to corrections; establishing mental health unit pilot program for individuals with mental illness and incarcerated in jails; requiring a report.

 

The bill was read for the first time and referred to the Committee on Public Safety and Criminal Justice Reform Finance and Policy.

 

 

Lee; Hansen, R.; Long and Stephenson introduced:

 

H. F. No. 4231, A bill for an act relating to capital investment; requiring the withholding of certain grant funds for capital projects before receipt of an approval of compliance with sustainable building guidelines; requiring the adjustment of certain capital project construction cost thresholds by the commissioner of administration; appropriating money for sustainable building guideline education; amending Minnesota Statutes 2020, sections 16B.325, by adding a subdivision; 16B.335, subdivision 1.

 

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

 

 

Franke introduced:

 

H. F. No. 4232, A bill for an act relating to state government; modifying qualifications to serve as gambling managers for veterans service organizations; amending Minnesota Statutes 2020, sections 349.12, subdivision 19, by adding a subdivision; 349.167, subdivision 2.

 

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

 

 

Edelson introduced:

 

H. F. No. 4233, A bill for an act relating to education; requiring due process forms and procedures time for teachers; amending Minnesota Statutes 2020, section 122A.50.

 

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

 

 

Scott, Urdahl and Keeler introduced:

 

H. F. No. 4234, A bill for an act relating to education finance; authorizing a school district's American Indian education aid to carry over from one school year to the next under certain circumstances; amending Minnesota Statutes 2020, section 124D.81, subdivision 2a, by adding a subdivision.

 

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


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8170

Robbins, O'Neill, Scott, Grossell and Nash introduced:

 

H. F. No. 4235, A bill for an act relating to commerce; prohibiting geolocation and smartphone monitoring of another in certain circumstances; providing a cause of action to individuals when geolocation information and other smartphone data has been recorded or shared; 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.

 

 

Lislegard and Ecklund introduced:

 

H. F. No. 4236, A bill for an act relating to education finance; appropriating money for supplemental aid for school facility construction.

 

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

 

 

Raleigh introduced:

 

H. F. No. 4237, A bill for an act relating to capital investment; appropriating money for multiuse trail segments on Rice Creek North Regional Trail; authorizing the sale and issuance of state bonds.

 

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

 

 

Raleigh introduced:

 

H. F. No. 4238, A bill for an act relating to transit; requiring municipal approval of guideway plans; allowing municipalities to revoke approval; prohibiting requesting federal funds until municipal approval is received; proposing coding for new law in Minnesota Statutes, chapter 473.

 

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

 

 

Neu Brindley; Erickson; Gruenhagen; Nelson, N.; Scott; Mueller; Torkelson; Petersburg; Johnson; Jurgens; McDonald; Anderson; Akland and Daniels introduced:

 

H. F. No. 4239, A bill for an act relating to health; establishing a right for a patient or resident to choose to have a support person present while receiving care or services; proposing coding for new law in Minnesota Statutes, chapter 144.

 

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

 

 

Quam introduced:

 

H. F. No. 4240, A bill for an act relating to capital investment; appropriating money for wastewater infrastructure in Cascade Township; authorizing the sale and issuance of state bonds.

 

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


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8171

Long, Lee and Lippert introduced:

 

H. F. No. 4241, A bill for an act relating to energy; requiring owners of certain buildings to enter energy use data into a benchmarking tool; requiring public disclosure of energy use data; providing grants; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 216C.

 

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

 

 

Long, Hornstein, Richardson, Koegel and Bernardy introduced:

 

H. F. No. 4242, A bill for an act relating to transportation; establishing a speed safety camera pilot program; imposing a petty misdemeanor penalty; requiring reports; appropriating money; amending Minnesota Statutes 2020, sections 13.6905, by adding a subdivision; 134A.09, subdivision 1; 134A.10, subdivision 1; 169.011, by adding a subdivision; 169.04; 169.14, subdivision 10, by adding subdivisions; 169.99, subdivision 1; 171.16, subdivision 3; 357.021, subdivision 6; proposing coding for new law in Minnesota Statutes, chapter 169.

 

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

 

 

O'Neill introduced:

 

H. F. No. 4243, A bill for an act relating to capital investment; appropriating money for a water treatment plant and accompanying water utility infrastructure in the city of Monticello; authorizing the sale and issuance of state bonds.

 

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

 

 

Moran, Richardson and Hassan introduced:

 

H. F. No. 4244, A bill for an act relating to capital investment; appropriating money for a grant to the Irreducible Grace Foundation to build the Black Youth Healing Arts Center.

 

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

 

 

Carlson introduced:

 

H. F. No. 4245, A bill for an act relating to insurance; providing exemptions to certain insurance company requirements; amending Minnesota Statutes 2020, sections 60A.205, subdivision 2; 60K.49, by adding a subdivision; 72A.03.

 

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

 

 

Carlson introduced:

 

H. F. No. 4246, A bill for an act relating to taxation; income and corporate franchise; establishing a new markets tax credit program; requiring a report; appropriating money; amending Minnesota Statutes 2020, section 297I.20, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 290; proposing coding for new law as Minnesota Statutes, chapter 116X.

 

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


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8172

Klevorn, Lippert and Bahner introduced:

 

H. F. No. 4247, A bill for an act relating to taxation; individual income; modifying eligibility for the working family credit; amending Minnesota Statutes 2020, section 290.0671, subdivision 7; Minnesota Statutes 2021 Supplement, section 290.0671, subdivision 1.

 

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

 

 

Carlson introduced:

 

H. F. No. 4248, A bill for an act relating to state government; appropriating money for block grants to public stations.

 

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

 

 

Demuth and O'Driscoll introduced:

 

H. F. No. 4249, A bill for an act relating to taxation; property; modifying the spousal benefit for the disabled veterans' homestead market value exclusion; amending Minnesota Statutes 2021 Supplement, section 273.13, subdivision 34.

 

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

 

 

Youakim introduced:

 

H. F. No. 4250, A bill for an act relating to taxation; individual income and corporate franchise taxes; modifying the credit for rehabilitation of historic structures; amending Minnesota Statutes 2020, section 290.0681, subdivisions 2, 3, 4; Minnesota Statutes 2021 Supplement, section 290.0681, subdivision 10.

 

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

 

 

West and Petersburg introduced:

 

H. F. No. 4251, A bill for an act relating to transit; requiring the Metropolitan Council to publish monthly ridership numbers and quarterly crime statistics.

 

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

 

 

Franson, Johnson, Raleigh, Boe, O'Driscoll, Heinrich, Lucero, Novotny, Scott, McDonald, Anderson, Urdahl, Neu Brindley, Grossell, Erickson, O'Neill, Pfarr, Petersburg, Nash and Olson, B., introduced:

 

H. F. No. 4252, A bill for an act relating to business organizations; establishing a Bail Abatement Nonprofit Exclusion (BANE) Act; proposing coding for new law in Minnesota Statutes, chapter 317A.

 

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


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8173

Franson, Johnson, Boe and Lucero introduced:

 

H. F. No. 4253, A bill for an act relating to health care; authorizing pharmacists to prescribe, dispense, and administer ivermectin and hydroxychloroquine for preexposure prophylaxis use, postexposure prophylaxis use, or for the treatment of COVID-19; amending Minnesota Statutes 2020, sections 151.01, subdivision 27; 151.37, by adding a subdivision.

 

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

 

 

Ecklund introduced:

 

H. F. No. 4254, A bill for an act relating to transportation; amending the definition of qualifying agricultural products for special farm products permits; amending Minnesota Statutes 2020, section 169.865, subdivision 1a.

 

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

 

 

Petersburg introduced:

 

H. F. No. 4255, A bill for an act relating to transit; suspending the Metropolitan Council's authority to take action or spend money on proposed guideways.

 

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

 

 

Petersburg introduced:

 

H. F. No. 4256, A bill for an act relating to transit; prohibiting the Metropolitan Council from issuing certificates of participation in certain situations; requiring host counties to fund specified aspects of guideways; amending Minnesota Statutes 2020, section 473.39, subdivision 7; proposing coding for new law in Minnesota Statutes, chapter 473.

 

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

 

 

Petersburg introduced:

 

H. F. No. 4257, A bill for an act relating to motor vehicles; encouraging the commissioner of public safety to track and share information on driving school pass rates; requiring a report.

 

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

 

 

Petersburg introduced:

 

H. F. No. 4258, A bill for an act relating to motor vehicles; requiring a report examining a transition to digital driver and vehicle documents.

 

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


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8174

Petersburg introduced:

 

H. F. No. 4259, A bill for an act relating to motor vehicles; eliminating requirement for new Minnesota residents to take driver's license written knowledge examination; amending Minnesota Statutes 2020, section 171.13, subdivision 1a.

 

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

 

 

Petersburg introduced:

 

H. F. No. 4260, A bill for an act relating to motor vehicles; establishing a restricted disabled relative license; proposing coding for new law in Minnesota Statutes, chapter 171.

 

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

 

 

Petersburg introduced:

 

H. F. No. 4261, A bill for an act relating to transportation; appropriating money for local roads and bridges; authorizing sale and issuance of general obligation bonds.

 

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

 

 

Petersburg introduced:

 

H. F. No. 4262, A bill for an act relating to transportation; appropriating money for traffic safety education programs.

 

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

 

 

Drazkowski and Miller introduced:

 

H. F. No. 4263, A bill for an act relating to taxation; property; creating the Small Schools and Cooperative Facilities Grant Act; authorizing facility grants to isolated small school districts; establishing an account in the special revenue fund for certain grants; modifying school district property tax bases; providing that school district bonded debt authorizations approved after June 30, 2025, be levied against referendum market value; enhancing the debt service equalization aid program; appropriating money; amending Minnesota Statutes 2020, sections 123A.44; 123A.441; 123A.442; 123A.443; 123B.53, subdivisions 1, 4, 5, 6, by adding subdivisions; 123B.55; 126C.01, subdivision 3; 275.61; proposing coding for new law in Minnesota Statutes, chapter 123A.

 

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

 

 

Nelson, N., introduced:

 

H. F. No. 4264, A bill for an act relating to human services; directing the commissioner to make recommendations for paperwork reduction relating to child protection cases.

 

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


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8175

Olson, L.; Baker and Koegel introduced:

 

H. F. No. 4265, A bill for an act relating to opioids; providing for the deposit and allocation of opioid settlement proceeds; establishing two accounts in the opiate epidemic response fund; eliminating a separate opioid account in the state treasury; modifying the time frame for eliminating the opioid manufacturer registration fee and reducing license fees; barring municipal claims against litigants in certain settled opioid cases; amending Minnesota Statutes 2020, section 256.043, subdivision 1, by adding a subdivision; Minnesota Statutes 2021 Supplement, sections 16A.151, subdivision 2; 151.066, subdivision 3; 256.042, subdivision 4; 256.043, subdivisions 3, 4; Laws 2019, chapter 63, article 3, section 1, as amended; Laws 2021, First Special Session chapter 7, article 16, section 12; proposing coding for new law in Minnesota Statutes, chapter 3.

 

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

 

 

Lislegard introduced:

 

H. F. No. 4266, A bill for an act relating to health care coverage; requiring prescription drug benefit transparency and disclosure; amending Minnesota Statutes 2020, section 256B.69, subdivision 6; proposing coding for new law in Minnesota Statutes, chapter 62Q.

 

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

 

 

Heinrich, Elkins and Petersburg introduced:

 

H. F. No. 4267, A bill for an act relating to transit; providing for expansion of the Metro Mobility service area to Ramsey; appropriating money; amending Minnesota Statutes 2020, section 473.386, subdivision 3.

 

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

 

 

Murphy, by request, introduced:

 

H. F. No. 4268, A bill for an act relating to state lands; providing for conveyance of certain surplus state land.

 

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

 

 

Agbaje; Noor; Mariani; Richardson; Hollins; Thompson; Vang; Her; Gomez; Lee; Xiong, J.; Xiong, T.; Hassan and Moran introduced:

 

H. F. No. 4269, A bill for an act relating to housing; establishing a first-generation homebuyers down payment assistance fund under the administration of a central community development financial institution; requiring a report; appropriating money.

 

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


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8176

Scott, Robbins and Lucero introduced:

 

H. F. No. 4270, A bill for an act relating to government data practices; creating general data audit trail requirements for not public data; amending Minnesota Statutes 2020, section 13.05, by adding a subdivision.

 

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

 

 

Elkins introduced:

 

H. F. No. 4271, A bill for an act relating to local government; increasing the threshold for municipal reporting of construction-related and development-related fee collections; requiring the commissioner of labor and industry to establish a cost per square foot valuation of certain properties for the purpose of setting municipal building permit fees; amending Minnesota Statutes 2020, sections 326B.145; 326B.153, by adding a subdivision.

 

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

 

 

Davids and Ecklund introduced:

 

H. F. No. 4272, A bill for an act relating to capital investment; appropriating money for veterans homes.

 

The bill was read for the first time and referred to the Committee on Labor, Industry, Veterans and Military Affairs Finance and Policy.

 

 

Pryor introduced:

 

H. F. No. 4273, A bill for an act relating to human services; modifying medical assistance eligibility requirements of employed persons with disabilities; amending Minnesota Statutes 2020, section 256B.057, subdivision 9.

 

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

 

 

Lippert and Hansen, R., introduced:

 

H. F. No. 4274, A bill for an act relating to drainage; establishing drainage registry information portal; proposing coding for new law in Minnesota Statutes, chapter 103E.

 

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

 

 

Frazier introduced:

 

H. F. No. 4275, A bill for an act relating to state government; modifying an appropriation provision for public education radio stations; amending Laws 2021, First Special Session chapter 12, article 1, section 11, subdivision 4.

 

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


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8177

Bahner introduced:

 

H. F. No. 4276, A bill for an act relating to construction codes; modifying certain roof replacement code provisions; amending Minnesota Statutes 2020, section 326B.106, subdivision 4.

 

The bill was read for the first time and referred to the Committee on Labor, Industry, Veterans and Military Affairs Finance and Policy.

 

 

Koegel introduced:

 

H. F. No. 4277, A bill for an act relating to human services; appropriating money to ServeMinnesota.

 

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

 

 

Kotyza-Witthuhn introduced:

 

H. F. No. 4278, A bill for an act relating to workforce development; appropriating money for a study of the early childhood education workforce.

 

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

 

 

Sundin and Ecklund introduced:

 

H. F. No. 4279, A bill for an act relating to labor; requiring prevailing wage documentation for projects utilizing state financial assistance; amending Minnesota Statutes 2020, section 116J.871, subdivision 2.

 

The bill was read for the first time and referred to the Committee on Labor, Industry, Veterans and Military Affairs Finance and Policy.

 

 

Schomacker introduced:

 

H. F. No. 4280, A bill for an act relating to capital investment; appropriating money for a water tower in Rock County; authorizing the sale and issuance of state bonds.

 

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

 

 

Youakim introduced:

 

H. F. No. 4281, A bill for an act relating to taxation; tax increment financing; clarifying various pooling provisions; clarifying administrative expense limitations; expanding the application of violations and remedies; amending Minnesota Statutes 2020, sections 469.174, subdivision 14, by adding a subdivision; 469.176, subdivisions 3, 4; 469.1763, subdivision 6; 469.1771, subdivisions 2, 2a, 3; Minnesota Statutes 2021 Supplement, section 469.1763, subdivisions 2, 3, 4.

 

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


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8178

Gruenhagen, Lucero and Boe introduced:

 

H. F. No. 4282, A bill for an act relating to education; requiring school-sponsored sports teams be designated by biological sex; proposing coding for new law in Minnesota Statutes, chapters 121A; 136F; 137.

 

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

 

 

Koegel and West introduced:

 

H. F. No. 4283, A bill for an act relating to capital investment; appropriating money for an interchange or intersection and associated improvements on 109th Avenue Northeast at marked Trunk Highway 65 in Blaine; authorizing the sale and issuance of state bonds.

 

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

 

 

Koegel and West introduced:

 

H. F. No. 4284, A bill for an act relating to transportation; appropriating money for improvements to Trunk Highway 65 and intersection improvements at 117th Avenue Northeast in the city of Blaine; authorizing the sale and issuance of state bonds.

 

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

 

 

Koegel and West introduced:

 

H. F. No. 4285, A bill for an act relating to transportation; appropriating money for improvements to Trunk Highway 65 and intersection improvements at 99th Avenue Northeast in the city of Blaine; authorizing the sale and issuance of state bonds.

 

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

 

 

Koegel introduced:

 

H. F. No. 4286, A bill for an act relating to capital investment; appropriating money for the F Line bus rapid transit project; authorizing the sale and issuance of state bonds.

 

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

 

 

Franke introduced:

 

H. F. No. 4287, A bill for an act relating to transportation; appropriating money for improvements and reconstruction of 2nd Avenue, 3rd Avenue, and 12th Street in the city of Newport.

 

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

 

 

Franke introduced:

 

H. F. No. 4288, A bill for an act relating to transportation; appropriating money for improvements and reconstruction of 2nd Avenue, 3rd Avenue, and 17th Street in the city of Newport.

 

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


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8179

Franke introduced:

 

H. F. No. 4289, A bill for an act relating to transportation; appropriating money for improvements and reconstruction of 10th Street, 9th Street, 2nd Avenue, and 3rd Avenue in the city of Newport.

 

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

 

 

Franke introduced:

 

H. F. No. 4290, A bill for an act relating to capital investment; appropriating money for improvements and reconstruction of 2nd Avenue, 3rd Avenue, and 12th Street in the city of Newport; authorizing the sale and issuance of state bonds.

 

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

 

 

Franke introduced:

 

H. F. No. 4291, A bill for an act relating to capital investment; appropriating money for improvements and reconstruction of 10th Street, 9th Street, 2nd Avenue, and 3rd Avenue in the city of Newport; authorizing the sale and issuance of state bonds.

 

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

 

 

Franke introduced:

 

H. F. No. 4292, A bill for an act relating to capital investment; appropriating money for improvements and reconstruction of 2nd Avenue, 3rd Avenue, and 17th Street in the city of Newport; authorizing the sale and issuance of state bonds.

 

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

 

 

Nelson, M., introduced:

 

H. F. No. 4293, A bill for an act relating to elections; making technical and clarifying changes; amending Minnesota Statutes 2020, sections 203B.07, subdivisions 1, 2, 3; 203B.21, subdivisions 1, 3; 203B.23, subdivision 2; Minnesota Statutes 2021 Supplement, sections 203B.121, subdivision 4; 203B.24, subdivision 1.

 

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

 

 

Mortensen introduced:

 

H. F. No. 4294, A bill for an act relating to elections; authorizing a donation to an accredited educational institution or other organization for the purpose of providing student scholarships to be reported as a noncampaign disbursement; amending Minnesota Statutes 2021 Supplement, section 10A.01, subdivision 26.

 

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


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8180

Huot introduced:

 

H. F. No. 4295, A bill for an act relating to data practices; requiring the commissioner of information technology services to establish a central statewide repository for portable recording system data; requiring the state auditor to conduct a biennial audit; appropriating money; amending Minnesota Statutes 2021 Supplement, section 13.825, subdivision 9.

 

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

 

 

Huot introduced:

 

H. F. No. 4296, A bill for an act relating to public safety; providing bonus payments to local correctional officers and 911 dispatchers; appropriating money.

 

The bill was read for the first time and referred to the Committee on Public Safety and Criminal Justice Reform Finance and Policy.

 

 

Bernardy introduced:

 

H. F. No. 4297, A bill for an act relating to taxation; tax increment financing; establishing special rules for Fridley Tax Increment Financing District No. 20.

 

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

 

 

Youakim introduced:

 

H. F. No. 4298, A bill for an act relating to education finance; appropriating money for a grant to Groves Learning Organization to increase literacy proficiency; requiring a report.

 

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

 

 

Reyer, Baker, Bahner, Koegel, Fischer, Elkins, Keeler and Klevorn introduced:

 

H. F. No. 4299, A bill for an act relating to human services; requiring the commissioner of human services to conduct a prescription digital therapeutics pilot project; requiring a report; appropriating money.

 

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

 

 

Davnie introduced:

 

H. F. No. 4300, A bill for an act relating to education finance; providing for supplemental funding for prekindergarten through grade 12 education; modifying provisions for general education, education excellence, teachers, special education, facilities, nutrition and libraries, early childhood, community education, and state agencies; requiring reports; appropriating money; amending Minnesota Statutes 2020, sections 119A.52; 120A.20, subdivision 1; 120A.41; 120B.018, by adding a subdivision; 120B.02, by adding a subdivision; 120B.12; 121A.19; 122A.06, subdivision 4; 122A.187, by adding a subdivision; 122A.415, subdivision 4, by adding subdivisions;


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8181

123B.595, subdivisions 1, 2, 7; 124D.095, subdivisions 2, 7, 8; 124D.1158, subdivisions 1, 3, 4; 124D.151, as amended; 124D.165, subdivisions 2, 3; 124D.2211; 124D.231; 124D.4531, subdivisions 1, 1a, 1b; 124D.531, subdivision 1; 124D.55; 124D.59, subdivision 2; 124D.65, subdivision 5; 124D.68, subdivision 2; 124D.74, subdivision 3; 124D.81, subdivisions 1, 2, 2a; 124D.98, by adding a subdivision; 125A.03; 125A.76, subdivision 2e; 126C.05, subdivisions 17, 19; 126C.10, subdivisions 2a, 4; 126C.15, subdivisions 1, 2; 126C.44; 127A.45, subdivision 12a; Minnesota Statutes 2021 Supplement, sections 122A.73, subdivisions 2, 3, 5; 124D.111, subdivisions 1a, 4; 126C.05, subdivisions 1, 3; 126C.10, subdivisions 2, 2d, 2e; 245.4889, subdivision 1; Laws 2021, First Special Session chapter 13, article 1, sections 9; 10, subdivisions 2, 6, 7, 9, 11; article 2, section 4, subdivisions 2, 3, 4, 27; article 3, section 7, subdivisions 4, 7; article 5, section 3, subdivision 2; article 7, section 2, subdivision 3; article 8, section 3, subdivisions 2, 3; article 9, section 4, subdivisions 3, 5, 6; article 10, section 1, subdivision 9; article 11, sections 4, subdivision 2; 7, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 122A; 124D; 125A; repealing Minnesota Statutes 2020, section 124D.4531, subdivision 3a.

 

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

 

 

Fischer introduced:

 

H. F. No. 4301, A bill for an act relating to human services; amending human services licensing provisions; amending Minnesota Statutes 2020, sections 245A.07, subdivisions 2a, 3; 245F.15, subdivision 1; 245F.16, subdivision 1; 245G.01, subdivisions 4, 17; 245G.06, subdivision 3, by adding subdivisions; 245G.08, subdivision 5; 245G.09, subdivision 3; 245G.11, subdivisions 1, 10; 245G.13, subdivision 1; 245G.20; 245G.22, subdivision 7; repealing Minnesota Statutes 2020, sections 245F.15, subdivision 2; 245G.11, subdivision 2; Minnesota Rules, parts 2960.0460, subpart 2; 9530.6565, subpart 2.

 

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

 

 

Albright introduced:

 

H. F. No. 4302, A bill for an act relating to human services; modifying base grant amount calculation for family child care providers; amending Laws 2021, First Special Session chapter 7, article 14, section 21, subdivision 4.

 

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

 

 

Edelson introduced:

 

H. F. No. 4303, A bill for an act relating to state government; requiring the state to pay for costs incurred by a hospital or health care provider for the examination of a victim of criminal sexual conduct; amending Minnesota Statutes 2020, sections 144.6586, subdivision 2; 609.35.

 

The bill was read for the first time and referred to the Committee on Public Safety and Criminal Justice Reform Finance and Policy.

 

 

Edelson and Poston introduced:

 

H. F. No. 4304, A bill for an act relating to human services; appropriating money for a grant to Wellness in the Woods.

 

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


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8182

Long introduced:

 

H. F. No. 4305, A bill for an act relating to taxation; production tax; creating an exemption from the solar energy production tax; amending Minnesota Statutes 2021 Supplement, section 272.0295, subdivision 2.

 

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

 

 

Murphy introduced:

 

H. F. No. 4306, A bill for an act relating to retirement; Minnesota State Retirement System plans, Public Employees Retirement Association plans, Teachers Retirement Association, Minnesota state higher education individual retirement account plan, and St. Paul Teachers Retirement Fund Association; increasing postretirement adjustment rates; temporarily reducing employee contribution rates; reducing the investment rate of return actuarial assumption; increasing and extending direct state aid to the public employees police and fire retirement plan, the St. Paul Teachers Retirement Fund Association, and the judges retirement plan; appropriating money; amending Minnesota Statutes 2020, sections 352.04, subdivision 2; 352.92, subdivision 1; 352B.02, subdivision 1a; 353.27, subdivisions 2, 3c; 353.65, subdivisions 2, 3b; 353E.03, subdivision 1; 354.42, subdivision 2; 354A.12, subdivisions 3a, 3c; 354A.29, subdivision 7; 354B.23, subdivision 1; 356.215, subdivision 8; 356.415, subdivisions 1, 1a, 1b, 1c, 1d, 1e; 490.123, subdivisions 1a, 5; Minnesota Statutes 2021 Supplement, sections 354A.12, subdivision 1; 356.415, subdivision 1f.

 

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

 

 

Schultz introduced:

 

H. F. No. 4307, A bill for an act relating to state government; modifying provisions governing child care assistance, economic assistance, behavioral health, health care, and health insurance access; making forecast adjustments; requiring reports; transferring money; making technical and conforming changes; allocating funds for a specific purpose; establishing certain grants; appropriating money; amending Minnesota Statutes 2020, sections 62N.25, subdivision 5; 62Q.1055; 62Q.47; 119B.011, subdivisions 2, 5, 13, 15, 19b; 119B.02, subdivisions 1, 2; 119B.025, subdivision 4; 119B.03, subdivisions 3, 9, 10; 119B.035, subdivisions 1, 2, 4, 5; 119B.08, subdivision 3; 119B.11, subdivision 1; 119B.15; 119B.19, subdivision 7; 119B.24; 169A.70, subdivisions 3, 4; 245.4889, by adding a subdivision; 245.713, subdivision 2; 245F.03; 245G.05, subdivision 2; 245G.22, subdivision 2; 254A.19, subdivisions 1, 3, by adding subdivisions; 254B.01, subdivision 5, by adding subdivisions; 254B.03, subdivisions 1, 5; 254B.04, subdivision 2a, by adding subdivisions; 256.017, subdivision 9; 256.042, subdivisions 1, 2, 5; 256B.055, subdivision 17; 256B.056, subdivision 7; 256B.0625, subdivision 28b; 256B.0941, by adding a subdivision; 256B.0946, subdivision 7; 256B.0949, subdivision 15; 256D.03, by adding a subdivision; 256D.0516, subdivision 2; 256D.06, subdivisions 1, 2, 5; 256D.09, subdivision 2a; 256E.35, subdivisions 1, 2, 4a, 6; 256I.03, subdivision 13; 256I.06, subdivisions 6, 10; 256I.09; 256J.08, subdivisions 71, 79; 256J.21, subdivision 4; 256J.33, subdivision 2; 256J.37, subdivisions 3, 3a; 256J.95, subdivision 19; 256K.45, subdivision 3; 256L.04, subdivisions 1c, 7a, 10, by adding a subdivision; 256L.07, subdivision 1; 256L.12, subdivision 8; 256P.01, by adding a subdivision; 256P.02, by adding a subdivision; 256P.07, subdivisions 1, 2, 3, 4, 6, 7, by adding subdivisions; 256P.08, subdivision 2; 260B.157, subdivisions 1, 3; 260E.20, subdivision 1; 299A.299, subdivision 1; Minnesota Statutes 2021 Supplement, sections 119B.13, subdivision 1; 245.4889, subdivision 1; 254A.03, subdivision 3; 254A.19, subdivision 4; 254B.03, subdivision 2; 254B.04, subdivision 1; 254B.05, subdivisions 4, 5; 256.042, subdivision 4; 256B.0946, subdivisions 1, 1a, 2, 3, 4, 6; 256I.06, subdivision 8; 256J.21, subdivision 3; 256J.33,


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8183

subdivision 1; 256L.03, subdivision 2; 256L.07, subdivision 2; 256L.15, subdivision 2; 256P.02, subdivisions 1a, 2; 256P.04, subdivisions 4, 8; 256P.06, subdivision 3; 260C.157, subdivision 3; Laws 2021, First Special Session chapter 7, article 17, sections 1, subdivision 2; 11; 12; proposing coding for new law in Minnesota Statutes, chapters 119B; 245; 256P; repealing Minnesota Statutes 2020, sections 119B.03, subdivisions 1, 2, 4, 5, 6a, 6b, 8; 169A.70, subdivision 6; 245G.22, subdivision 19; 254A.02, subdivision 8a; 254A.16, subdivision 6; 254A.19, subdivisions 1a, 2; 254B.04, subdivisions 2b, 2c; 254B.041, subdivision 2; 256J.08, subdivisions 10, 61, 62, 81, 83; 256J.30, subdivisions 5, 7; 256J.33, subdivisions 3, 5; 256J.34, subdivisions 1, 2, 3, 4; 256J.37, subdivision 10; Minnesota Statutes 2021 Supplement, sections 119B.03, subdivisions 4a, 6; 254A.19, subdivision 5; 256J.08, subdivision 53; 256J.30, subdivision 8; 256J.33, subdivision 4; Minnesota Rules, parts 9530.7000, subparts 1, 2, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 17a, 19, 20, 21; 9530.7005; 9530.7010; 9530.7012; 9530.7015, subparts 1, 2a, 4, 5, 6; 9530.7020, subparts 1, 1a, 2; 9530.7021; 9530.7022, subpart 1; 9530.7025; 9530.7030, subpart 1.

 

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

 

 

Albright introduced:

 

H. F. No. 4308, A bill for an act relating to transportation; modifying the financial assistance amount provided to replacement transit service providers; amending Minnesota Statutes 2020, section 473.388, subdivision 4.

 

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

 

 

MESSAGES FROM THE SENATE

 

 

      The following messages were received from the Senate:

 

Madam Speaker:

 

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

 

H. F. No. 3175, A bill for an act relating to local government; clarifying planning and zoning authority for townships; proposing coding for new law in Minnesota Statutes, chapter 366; repealing Minnesota Statutes 2020, sections 366.10; 366.11; 366.12; 366.125; 366.13; 366.14; 366.15; 366.151; 366.152; 366.16; 366.17; 366.18; 366.181.

 

Cal R. Ludeman, Secretary of the Senate

 

 

Madam Speaker:

 

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

 

S. F. No. 3472.

 

Cal R. Ludeman, Secretary of the Senate


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8184

FIRST READING OF SENATE BILLS

 

 

S. F. No. 3472, A bill for an act relating to state government; extending the operation of the Minnesota premium security plan; transferring money; appropriating money; amending Minnesota Statutes 2020, section 62E.23, subdivision 3; Laws 2017, chapter 13, article 1, section 15, as amended; Laws 2021, First Special Session chapter 7, article 15, section 3.

 

The bill was read for the first time. 

 

Stephenson moved that S. F. No. 3472 and H. F. No. 3717, now on the General Register, be referred to the Chief Clerk for comparison.  The motion prevailed.

 

 

CALENDAR FOR THE DAY

 

 

      H. F. No. 2819, A bill for an act relating to natural resources; increasing civil penalties for violations of snowmobile and off-highway vehicle provisions; amending Minnesota Statutes 2020, section 84.775, subdivisions 1, 4.

 

 

      The bill was read for the third time and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 122 yeas and 10 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Agbaje

Akland

Albright

Anderson

Backer

Bahner

Baker

Becker-Finn

Bennett

Berg

Bernardy

Bierman

Bliss

Boe

Boldon

Burkel

Carlson

Christensen

Daniels

Daudt

Davids

Davnie

Demuth

Ecklund

Edelson

Elkins

Erickson

Feist

Fischer

Franke

Franson

Frazier

Frederick

Freiberg

Garofalo

Gomez

Greenman

Grossell

Gruenhagen

Haley

Hamilton

Hansen, R.

Hanson, J.

Hassan

Hausman

Heinrich

Heintzeman

Her

Hertaus

Hollins

Hornstein

Howard

Huot

Igo

Johnson

Jordan

Jurgens

Keeler

Kiel

Klevorn

Koegel

Kotyza-Witthuhn

Koznick

Kresha

Lee

Liebling

Lillie

Lippert

Lislegard

Long

Lueck

Marquart

Masin

Moller

Moran

Morrison

Mueller

Murphy

Nash

Nelson, M.

Nelson, N.

Neu Brindley

Noor

Novotny

O'Driscoll

Olson, B.

Olson, L.

O'Neill

Pelowski

Petersburg

Pfarr

Pierson

Pinto

Poston

Pryor

Quam

Raleigh

Rasmusson

Reyer

Richardson

Robbins

Sandell

Sandstede

Schomacker

Schultz

Scott

Stephenson

Sundin

Swedzinski

Theis

Thompson

Torkelson

Urdahl

Vang

Wazlawik

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

      Those who voted in the negative were:

 


Bahr

Drazkowski

Green

Lucero

McDonald

Mekeland

Miller

Mortensen

Munson

West


 

 

      The bill was passed and its title agreed to.


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8185

           H. F. No. 2945, A bill for an act relating to data practices; modifying criminal history checks done by cities and counties; amending Minnesota Statutes 2021 Supplement, section 299C.72, subdivision 2.

 

 

      The bill was read for the third time and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 127 yeas and 5 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Agbaje

Akland

Albright

Anderson

Backer

Bahner

Baker

Becker-Finn

Bennett

Berg

Bernardy

Bierman

Bliss

Boe

Boldon

Burkel

Carlson

Christensen

Daniels

Daudt

Davids

Davnie

Demuth

Ecklund

Edelson

Elkins

Erickson

Feist

Fischer

Franke

Franson

Frazier

Frederick

Freiberg

Garofalo

Gomez

Green

Greenman

Grossell

Gruenhagen

Haley

Hamilton

Hansen, R.

Hanson, J.

Hassan

Hausman

Heinrich

Heintzeman

Her

Hertaus

Hollins

Hornstein

Howard

Huot

Igo

Johnson

Jordan

Jurgens

Keeler

Kiel

Klevorn

Koegel

Kotyza-Witthuhn

Koznick

Kresha

Lee

Liebling

Lillie

Lippert

Lislegard

Long

Lucero

Lueck

Marquart

Masin

McDonald

Mekeland

Miller

Moller

Moran

Morrison

Mueller

Murphy

Nash

Nelson, M.

Nelson, N.

Neu Brindley

Noor

Novotny

O'Driscoll

Olson, B.

Olson, L.

O'Neill

Pelowski

Petersburg

Pfarr

Pierson

Pinto

Poston

Pryor

Quam

Raleigh

Rasmusson

Reyer

Richardson

Robbins

Sandell

Sandstede

Schomacker

Schultz

Scott

Stephenson

Sundin

Swedzinski

Theis

Torkelson

Urdahl

Vang

Wazlawik

West

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

      Those who voted in the negative were:

 


Bahr

Drazkowski

Mortensen

Munson

Thompson


 

 

      The bill was passed and its title agreed to.

 

 

      H. F. No. 3249, A bill for an act relating to state government; modifying various provisions governing or administered by the secretary of state; amending Minnesota Statutes 2020, sections 5B.02; 5B.05; 5B.10, subdivision 1; 13.045, subdivisions 1, 2, 3, 4a.

 

 

      The bill was read for the third time and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 131 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Agbaje

Akland

Albright

Anderson

Backer

Bahner

Bahr

Baker

Becker-Finn

Bennett

Berg

Bernardy

Bierman

Bliss

Boe

Boldon

Burkel


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8186

Carlson

Christensen

Daniels

Daudt

Davids

Davnie

Demuth

Drazkowski

Ecklund

Edelson

Elkins

Erickson

Feist

Fischer

Franke

Franson

Frazier

Frederick

Freiberg

Garofalo

Gomez

Green

Greenman

Grossell

Gruenhagen

Haley

Hamilton

Hansen, R.

Hanson, J.

Hassan

Hausman

Heinrich

Heintzeman

Her

Hertaus

Hollins

Hornstein

Howard

Huot

Igo

Johnson

Jordan

Jurgens

Keeler

Kiel

Klevorn

Koegel

Kotyza-Witthuhn

Koznick

Kresha

Lee

Liebling

Lillie

Lippert

Lislegard

Long

Lucero

Lueck

Marquart

Masin

McDonald

Mekeland

Miller

Moller

Moran

Morrison

Mortensen

Mueller

Munson

Murphy

Nash

Nelson, M.

Nelson, N.

Neu Brindley

Noor

Novotny

O'Driscoll

Olson, B.

Olson, L.

O'Neill

Pelowski

Petersburg

Pfarr

Pierson

Pinto

Poston

Pryor

Quam

Raleigh

Rasmusson

Reyer

Richardson

Robbins

Sandell

Sandstede

Schomacker

Schultz

Scott

Stephenson

Sundin

Swedzinski

Theis

Torkelson

Urdahl

Vang

Wazlawik

West

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

 

      The bill was passed and its title agreed to.

 

 

      H. F. No. 2353, A bill for an act relating to data practices; classifying education support service data; proposing coding for new law in Minnesota Statutes, chapter 13.

 

 

      The bill was read for the third time and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 75 yeas and 57 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Agbaje

Bahner

Baker

Becker-Finn

Bennett

Berg

Bernardy

Bierman

Boe

Boldon

Carlson

Christensen

Davids

Davnie

Ecklund

Edelson

Elkins

Feist

Fischer

Frazier

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hausman

Her

Hollins

Hornstein

Howard

Huot

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Lee

Liebling

Lillie

Lippert

Lislegard

Long

Marquart

Masin

Moller

Moran

Morrison

Murphy

Nelson, M.

Noor

Olson, L.

Pelowski

Petersburg

Pierson

Pinto

Pryor

Reyer

Richardson

Sandell

Sandstede

Schultz

Stephenson

Sundin

Thompson

Vang

Wazlawik

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

      Those who voted in the negative were:

 


Akland

Albright

Anderson

Backer

Bahr

Bliss

Burkel

Daniels

Daudt

Demuth

Drazkowski

Erickson

Franke

Franson

Garofalo

Green

Grossell

Gruenhagen

Haley

Hamilton

Heinrich

Heintzeman

Hertaus

Igo

Johnson

Jurgens

Kiel

Koznick

Kresha

Lucero

Lueck

McDonald

Mekeland

Miller

Mortensen

Mueller


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8187

Munson

Nash

Nelson, N.

Neu Brindley

Novotny

O'Driscoll

Olson, B.

O'Neill

Pfarr

Poston

Quam

Raleigh

Rasmusson

Robbins

Schomacker

Scott

Swedzinski

Theis

Torkelson

Urdahl

West


 

 

      The bill was passed and its title agreed to.

 

 

ANNOUNCEMENT BY THE SPEAKER

PURSUANT TO RULE 1.15(c)

 

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

 

      H. F. No. 3035.

 

 

MOTIONS AND RESOLUTIONS

 

 

      Green moved that the name of Hertaus be added as an author on H. F. No. 101.  The motion prevailed.

 

      Jordan moved that the name of Greenman be added as an author on H. F. No. 155.  The motion prevailed.

 

      Her moved that the name of Hornstein be added as an author on H. F. No. 406.  The motion prevailed.

 

      Richardson moved that the name of Hansen, R., be added as an author on H. F. No. 449.  The motion prevailed.

 

      Noor moved that the name of Morrison be added as an author on H. F. No. 611.  The motion prevailed.

 

      Hollins moved that the name of Hornstein be added as an author on H. F. No. 868.  The motion prevailed.

 

      Frazier moved that the names of Hanson, J.; Klevorn; Koegel and Her be added as authors on H. F. No. 1373.  The motion prevailed.

 

      Erickson moved that the name of Heinrich be added as an author on H. F. No. 1528.  The motion prevailed.

 

      Jordan moved that the names of Morrison and Feist be added as authors on H. F. No. 1729.  The motion prevailed.

 

      Berg moved that the name of Christensen be added as an author on H. F. No. 1742.  The motion prevailed.

 

      Berg moved that the name of Long be added as an author on H. F. No. 1808.  The motion prevailed.

 

      Heintzeman moved that the name of Neu Brindley be added as an author on H. F. No. 1934.  The motion prevailed.

 

      Jordan moved that the name of Morrison be added as an author on H. F. No. 1985.  The motion prevailed.

 

      Richardson moved that the names of Schomacker and Vang be added as authors on H. F. No. 2022.  The motion prevailed.

 

      Koegel moved that the name of Franson be added as an author on H. F. No. 2064.  The motion prevailed.


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8188

           Keeler moved that the names of Hanson, J.; Koegel and Her be added as authors on H. F. No. 2171.  The motion prevailed.

 

      Noor moved that the name of Koegel be added as an author on H. F. No. 2220.  The motion prevailed.

 

      Kotyza-Witthuhn moved that the name of Hornstein be added as an author on H. F. No. 2352.  The motion prevailed.

 

      Freiberg moved that the name of Hornstein be added as an author on H. F. No. 2414.  The motion prevailed.

 

      Lillie moved that the name of Reyer be added as an author on H. F. No. 2637.  The motion prevailed.

 

      Wolgamott moved that the names of Greenman and Hornstein be added as authors on H. F. No. 2657.  The motion prevailed.

 

      Klevorn moved that the name of Vang be added as an author on H. F. No. 2701.  The motion prevailed.

 

      Becker-Finn moved that the name of Edelson be added as an author on H. F. No. 2738.  The motion prevailed.

 

      Berg moved that the name of Hansen, R., be added as an author on H. F. No. 2740.  The motion prevailed.

 

      Berg moved that the name of Hansen, R., be added as an author on H. F. No. 2741.  The motion prevailed.

 

      Klevorn moved that the name of Drazkowski be added as an author on H. F. No. 2747.  The motion prevailed.

 

      Greenman moved that the name of Hornstein be added as an author on H. F. No. 2774.  The motion prevailed.

 

      Hansen, R., moved that the name of Davids be added as an author on H. F. No. 2819.  The motion prevailed.

 

      Lee moved that the name of Hansen, R., be added as an author on H. F. No. 2824.  The motion prevailed.

 

      Hollins moved that the name of Hansen, R., be added as an author on H. F. No. 2825.  The motion prevailed.

 

      Howard moved that the name of Reyer be added as an author on H. F. No. 2859.  The motion prevailed.

 

      Becker-Finn moved that the names of Theis and Franke be added as authors on H. F. No. 2876.  The motion prevailed.

 

      Fischer moved that the name of Howard be added as an author on H. F. No. 2908.  The motion prevailed.

 

      Her moved that the names of Long and Hornstein be added as authors on H. F. No. 2944.  The motion prevailed.

 

      Feist moved that the names of Long and Hornstein be added as authors on H. F. No. 2949.  The motion prevailed.

 

      Edelson moved that the name of Morrison be added as an author on H. F. No. 3036.  The motion prevailed.

 

      Hassan moved that the name of Carlson be added as an author on H. F. No. 3079.  The motion prevailed.

 

      Gomez moved that the names of Olson, L.; Hanson, J., and Hornstein be added as authors on H. F. No. 3090.  The motion prevailed.


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8189

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

 

      Edelson moved that the name of Morrison be added as an author on H. F. No. 3139.  The motion prevailed.

 

      Edelson moved that the name of Morrison be added as an author on H. F. No. 3140.  The motion prevailed.

 

      Gomez moved that the name of Hansen, R., be added as an author on H. F. No. 3155.  The motion prevailed.

 

      Moller moved that the name of Edelson be added as an author on H. F. No. 3157.  The motion prevailed.

 

      Daudt moved that the names of Neu Brindley and Hertaus be added as authors on H. F. No. 3158.  The motion prevailed.

 

      Moller moved that the name of Edelson be added as an author on H. F. No. 3163.  The motion prevailed.

 

      Pelowski moved that the names of Boe and Davids be added as authors on H. F. No. 3166.  The motion prevailed.

 

      Hollins moved that the names of Hanson, J., and Hornstein be added as authors on H. F. No. 3200.  The motion prevailed.

 

      Daudt moved that the name of Bennett be added as an author on H. F. No. 3206.  The motion prevailed.

 

      Fischer moved that the name of Hornstein be added as an author on H. F. No. 3215.  The motion prevailed.

 

      Reyer moved that the name of Boldon be added as an author on H. F. No. 3240.  The motion prevailed.

 

      Hausman moved that the names of Xiong, J.; Hanson, J., and Hornstein be added as authors on H. F. No. 3244.  The motion prevailed.

 

      Hansen, R., moved that the name of Freiberg be added as an author on H. F. No. 3273.  The motion prevailed.

 

      Bennett moved that the names of Gruenhagen and Boe be added as authors on H. F. No. 3276.  The motion prevailed.

 

      Agbaje moved that the name of Klevorn be added as an author on H. F. No. 3287.  The motion prevailed.

 

      Mekeland moved that the names of Robbins and Poston be added as authors on H. F. No. 3291.  The motion prevailed.

 

      Reyer moved that the names of Xiong, J.; Hanson, J.; Hornstein and Vang be added as authors on H. F. No. 3294.  The motion prevailed.

 

      Edelson moved that the name of Vang be added as an author on H. F. No. 3304.  The motion prevailed.

 

      Reyer moved that the name of Jurgens be added as an author on H. F. No. 3321.  The motion prevailed.

 

      Lillie moved that the name of Reyer be added as an author on H. F. No. 3346.  The motion prevailed.

 

      Liebling moved that the names of Huot and Sandell be added as authors on H. F. No. 3363.  The motion prevailed.


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8190

           Hollins moved that the name of Youakim be added as an author on H. F. No. 3398.  The motion prevailed.

 

      Edelson moved that the name of Wolgamott be added as an author on H. F. No. 3402.  The motion prevailed.

 

      Richardson moved that the name of Masin be added as an author on H. F. No. 3483.  The motion prevailed.

 

      Nelson, M., moved that the name of Bahner be added as an author on H. F. No. 3542.  The motion prevailed.

 

      Wazlawik moved that the name of Masin be added as an author on H. F. No. 3545.  The motion prevailed.

 

      Her moved that the name of Vang be added as an author on H. F. No. 3568.  The motion prevailed.

 

      Mariani moved that the name of Feist be added as an author on H. F. No. 3580.  The motion prevailed.

 

      Edelson moved that the name of Kotyza-Witthuhn be added as an author on H. F. No. 3596.  The motion prevailed.

 

      Keeler moved that the name of Pinto be added as an author on H. F. No. 3599.  The motion prevailed.

 

      Lislegard moved that the name of Boldon be added as an author on H. F. No. 3604.  The motion prevailed.

 

      Rasmusson moved that the name of Reyer be added as an author on H. F. No. 3605.  The motion prevailed.

 

      Keeler moved that the names of Carlson, Vang and Hornstein be added as authors on H. F. No. 3661.  The motion prevailed.

 

      Hausman moved that the name of Hassan be added as an author on H. F. No. 3667.  The motion prevailed.

 

      Robbins moved that the name of Stephenson be added as an author on H. F. No. 3724.  The motion prevailed.

 

      Edelson moved that the name of Poston be added as an author on H. F. No. 3729.  The motion prevailed.

 

      Pinto moved that the name of Poston be added as an author on H. F. No. 3732.  The motion prevailed.

 

      Koegel moved that the names of Huot, Freiberg and Keeler be added as authors on H. F. No. 3787.  The motion prevailed.

 

      Boldon moved that the name of Hollins be added as an author on H. F. No. 3861.  The motion prevailed.

 

      Grossell moved that the name of Lucero be added as an author on H. F. No. 3881.  The motion prevailed.

 

      Morrison moved that the name of Bahner be added as an author on H. F. No. 3886.  The motion prevailed.

 

      Grossell moved that the name of Lucero be added as an author on H. F. No. 3925.  The motion prevailed.

 

      Keeler moved that the name of Feist be added as an author on H. F. No. 3926.  The motion prevailed.

 

      Frederick moved that the name of Franke be added as an author on H. F. No. 3929.  The motion prevailed.

 

      Morrison moved that the name of Youakim be added as an author on H. F. No. 3958.  The motion prevailed.


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8191

           Richardson moved that the names of Moran, Her and Morrison be added as authors on H. F. No. 3972.  The motion prevailed.

 

      Bahner moved that the name of Boldon be added as an author on H. F. No. 4008.  The motion prevailed.

 

      Bahner moved that the name of Boldon be added as an author on H. F. No. 4009.  The motion prevailed.

 

      Richardson moved that the name of Keeler be added as an author on H. F. No. 4074.  The motion prevailed.

 

      Grossell moved that the name of Poston be added as an author on H. F. No. 4083.  The motion prevailed.

 

      Schultz moved that the names of Bierman and Keeler be added as authors on H. F. No. 4096.  The motion prevailed.

 

      Hassan moved that the name of Keeler be added as an author on H. F. No. 4118.  The motion prevailed.

 

      Kresha moved that the name of Lislegard be added as an author on H. F. No. 4134.  The motion prevailed.

 

      Daudt moved that the names of Robbins, Novotny, Davids, Poston and Akland be added as authors on H. F. No. 4135.  The motion prevailed.

 

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

 

      Dettmer moved that the name of Theis be added as an author on H. F. No. 4156.  The motion prevailed.

 

      Richardson moved that the name of Becker-Finn be added as an author on H. F. No. 4161.  The motion prevailed.

 

      Jordan moved that the names of Klevorn; Feist; Hollins; Moller; Kotyza-Witthuhn; Youakim; Bernardy; Reyer; Wolgamott; Morrison; Pryor; Greenman; Acomb; Wazlawik; Lee; Frazier; Poston; Heinrich; Berg; Freiberg; Franke; Boldon; Nelson, M.; Fischer and Her be added as authors on H. F. No. 4165.  The motion prevailed.

 

      Berg moved that the name of Lillie be added as an author on H. F. No. 4167.  The motion prevailed.

 

      Pinto moved that the name of Becker-Finn be added as an author on H. F. No. 4174.  The motion prevailed.

 

      Nelson, N., moved that the name of Theis be added as an author on H. F. No. 4176.  The motion prevailed.

 

      Stephenson moved that the name of Lillie be added as an author on H. F. No. 4180.  The motion prevailed.

 

      Lee moved that the name of Hornstein be added as an author on H. F. No. 4188.  The motion prevailed.

 

      Bahr moved that the names of Mueller, McDonald, Davids, Poston and Akland be added as authors on H. F. No. 4189.  The motion prevailed.

 

      Franson moved that the name of Rasmusson be added as an author on H. F. No. 4195.  The motion prevailed.

 

      Baker moved that the names of Freiberg and Moller be added as authors on H. F. No. 4219.  The motion prevailed.

 

      Keeler moved that the name of Becker-Finn be added as an author on H. F. No. 4223.  The motion prevailed.


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8192

           Agbaje moved that the names of Youakim, Frazier, Fischer, Feist and Carlson be added as authors on H. F. No. 4226.  The motion prevailed.

 

      Gomez moved that the names of Youakim, Frazier, Fischer and Feist be added as authors on H. F. No. 4227.  The motion prevailed.

 

      Hassan moved that the name of Koegel be added as an author on House Resolution No. 10.  The motion prevailed.

 

      Berg moved that H. F. No. 3378 be recalled from the Committee on Education Finance and be re-referred to the Committee on Judiciary Finance and Civil Law.  The motion prevailed.

 

      Lillie moved that H. F. No. 3563 be recalled from the Committee on Education Finance and be re-referred to the Committee on Early Childhood Finance and Policy.  The motion prevailed.

 

      Morrison moved that H. F. No. 3887 be recalled from the Committee on Education Finance and be re-referred to the Committee on Health Finance and Policy.  The motion prevailed.

 

      Moran moved that H. F. No. 3545, now on the General Register, be re-referred to the Committee on Ways and Means.  The motion prevailed.

 

 

MOTION TO SUSPEND RULES

 

      Neu Brindley moved that the rules of the House be so far suspended so that S. F. No. 2677 be recalled from the Committee on Workforce and Business Development Finance and Policy, be given its second and third readings and be placed upon its final passage.

 

 

      A roll call was requested and properly seconded.

 

 

      Garofalo moved that the House recess subject to the call of the Chair.

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Garofalo motion and the roll was called.  There were 64 yeas and 69 nays as follows:

 

      Those who voted in the affirmative were:

 


Akland

Albright

Anderson

Backer

Bahr

Baker

Bennett

Bliss

Boe

Burkel

Daniels

Daudt

Davids

Demuth

Drazkowski

Erickson

Franke

Franson

Garofalo

Green

Grossell

Gruenhagen

Haley

Hamilton

Heinrich

Heintzeman

Hertaus

Igo

Johnson

Jurgens

Kiel

Koznick

Kresha

Lislegard

Lucero

Lueck

McDonald

Mekeland

Miller

Mortensen

Mueller

Munson

Nash

Nelson, N.

Neu Brindley

Novotny

O'Driscoll

Olson, B.

O'Neill

Petersburg

Pfarr

Pierson

Poston

Quam

Raleigh

Rasmusson

Robbins

Schomacker

Scott

Swedzinski

Theis

Torkelson

Urdahl

West



Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8193

           Those who voted in the negative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bernardy

Bierman

Boldon

Carlson

Christensen

Davnie

Ecklund

Edelson

Elkins

Feist

Fischer

Frazier

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hausman

Her

Hollins

Hornstein

Howard

Huot

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Lee

Liebling

Lillie

Lippert

Long

Mariani

Marquart

Masin

Moller

Moran

Morrison

Murphy

Nelson, M.

Noor

Olson, L.

Pelowski

Pinto

Pryor

Reyer

Richardson

Sandell

Sandstede

Schultz

Stephenson

Sundin

Thompson

Vang

Wazlawik

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

 

      The motion did not prevail.

 

 

      The question recurred on the Neu Brindley motion and the roll was called.  There were 66 yeas and 67 nays as follows:

 

      Those who voted in the affirmative were:

 


Akland

Albright

Anderson

Backer

Bahr

Baker

Bennett

Bliss

Boe

Burkel

Daniels

Daudt

Davids

Demuth

Drazkowski

Erickson

Franke

Franson

Garofalo

Green

Grossell

Gruenhagen

Haley

Hamilton

Heinrich

Heintzeman

Hertaus

Igo

Johnson

Jurgens

Kiel

Koznick

Kresha

Lislegard

Lucero

Lueck

McDonald

Mekeland

Miller

Mortensen

Mueller

Munson

Nash

Nelson, N.

Neu Brindley

Novotny

O'Driscoll

Olson, B.

O'Neill

Pelowski

Petersburg

Pfarr

Pierson

Poston

Quam

Raleigh

Rasmusson

Robbins

Sandstede

Schomacker

Scott

Swedzinski

Theis

Torkelson

Urdahl

West


 

      Those who voted in the negative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bernardy

Bierman

Boldon

Carlson

Christensen

Davnie

Ecklund

Edelson

Elkins

Feist

Fischer

Frazier

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hausman

Her

Hollins

Hornstein

Howard

Huot

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Lee

Liebling

Lillie

Lippert

Long

Mariani

Marquart

Masin

Moller

Moran

Morrison

Murphy

Nelson, M.

Noor

Olson, L.

Pinto

Pryor

Reyer

Richardson

Sandell

Schultz

Stephenson

Sundin

Thompson

Vang

Wazlawik

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

 

      The motion did not prevail.


Journal of the House - 77th Day - Monday, March 14, 2022 - Top of Page 8194

ADJOURNMENT

 

      Winkler moved that when the House adjourns today it adjourn until 3:30 p.m., Thursday, March 17, 2022.  The motion prevailed.

 

      Winkler moved that the House adjourn.  The motion prevailed, and the Speaker declared the House stands adjourned until 3:30 p.m., Thursday, March 17, 2022.

 

 

Patrick D. Murphy, Chief Clerk, House of Representatives