House Journal 79th Day Thursday March 17 2022

A quorum was present.

Munson was excused.

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

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REPORTS OF CHIEF CLERK

S. F. No. 3472 and H. F. No. 3717, which had been referred to the Chief Clerk for comparison, were examined and found to be not identical.

Stephenson moved that S. F. No. 3472 be substituted for H. F. No. 3717 and that the House File be indefinitely postponed. The motion prevailed.

REPORTS OF STANDING COMMITTEES AND DIVISIONS

Moran from the Committee on Ways and Means to which was referred:

H. F. No. 41, A bill for an act relating to employment; providing emergency paid sick leave to certain employees excluded from the federal Families First Coronavirus Response Act.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"ARTICLE 1

EARNED SICK AND SAFE TIME

Section 1. Minnesota Statutes 2020, section 181.942, subdivision 1, is amended to read:

Subdivision 1. Comparable position. (a) An employee returning from a leave of absence under section 181.941 is entitled to return to employment in the employee's former position or in a position of comparable duties, number of hours, and pay. An employee returning from a leave of absence longer than one month must notify a supervisor at least two weeks prior to return from leave. An employee returning from a leave under section 181.9412 or ~~181.9413~~ sections 181.9445 to 181.9448 is entitled to return to employment in the employee's former position.

(b) If, during a leave under sections 181.940 to 181.944, the employer experiences a layoff and the employee would have lost a position had the employee not been on leave, pursuant to the good faith operation of a bona fide layoff and recall system, including a system under a collective bargaining agreement, the employee is not entitled to reinstatement in the former or comparable position. In such circumstances, the employee retains all rights under the layoff and recall system, including a system under a collective bargaining agreement, as if the employee had not taken the leave.

Sec. 2. [181.9445] DEFINITIONS.

Subdivision 1. Definitions. For the purposes of section 177.50 and sections 181.9445 to 181.9447, the terms defined in this section have the meanings given them.

Subd. 2. Commissioner. "Commissioner" means the commissioner of labor and industry or authorized designee or representative.

Subd. 3. Domestic abuse. "Domestic abuse" has the meaning given in section 518B.01.

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Subd. 4. Earned sick and safe time. "Earned sick and safe time" means leave, including paid time off and other paid leave systems, that is paid at the same hourly rate as an employee earns from employment that may be used for the same purposes and under the same conditions as provided under section 181.9447.

Subd. 5. Employee. "Employee" means any person who is employed by an employer, including temporary and part-time employees, who performs work for at least 80 hours in a year for that employer in Minnesota. Employee does not include:

(1) an independent contractor; or

(2) an individual employed by an air carrier as a flight deck or cabin crew member who is subject to United States Code, title 45, sections 181 to 188, and who is provided with paid leave equal to or exceeding the amounts in section 181.9446.

Subd. 6. Employer. "Employer" means a person who has one or more employees. Employer includes an individual, a corporation, a partnership, an association, a business trust, a nonprofit organization, a group of persons, a state, county, town, city, school district, or other governmental subdivision. In the event that a temporary employee is supplied by a staffing agency, absent a contractual agreement stating otherwise, that individual shall be an employee of the staffing agency for all purposes of section 177.50 and sections 181.9445 to 181.9448.

Subd. 7. Family member. "Family member" means:

(1) an employee's:

(i) child, foster child, adult child, legal ward, or child for whom the employee is legal guardian;

(ii) spouse or registered domestic partner;

(iii) sibling, stepsibling, or foster sibling;

(iv) parent or stepparent;

(v) grandchild, foster grandchild, or stepgrandchild; or

(vi) grandparent or stepgrandparent;

(2) any of the family members listed in clause (1) of a spouse or registered domestic partner;

(3) any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship; and

(4) up to one individual annually designated by the employee.

Subd. 8. Health care professional. "Health care professional" means any person licensed under federal or state law to provide medical or emergency services, including doctors, physician assistants, nurses, and emergency room personnel.

Subd. 9. Prevailing wage rate. "Prevailing wage rate" has the meaning given in section 177.42 and as calculated by the Department of Labor and Industry.

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Subd. 10. Retaliatory personnel action. "Retaliatory personnel action" means:

(1) any form of intimidation, threat, reprisal, harassment, discrimination, or adverse employment action, including discipline, discharge, suspension, transfer, or reassignment to a lesser position in terms of job classification, job security, or other condition of employment; reduction in pay or hours or denial of additional hours; the accumulation of points under an attendance point system; informing another employer that the person has engaged in activities protected by this chapter; or reporting or threatening to report the actual or suspected citizenship or immigration status of an employee, former employee, or family member of an employee to a federal, state, or local agency; and

(2) interference with or punishment for participating in any manner in an investigation, proceeding, or hearing under this chapter.

Subd. 11. Sexual assault. "Sexual assault" means an act that constitutes a violation under sections 609.342 to 609.3453 or 609.352.

Subd. 12. Stalking. "Stalking" has the meaning given in section 609.749.

Subd. 13. Year. "Year" means a regular and consecutive 12-month period, as determined by an employer and clearly communicated to each employee of that employer.

Sec. 3. [181.9446] ACCRUAL OF EARNED SICK AND SAFE TIME.

(a) An employee accrues a minimum of one hour of earned sick and safe time for every 30 hours worked up to a maximum of 48 hours of earned sick and safe time in a year. Employees may not accrue more than 48 hours of earned sick and safe time in a year unless the employer agrees to a higher amount.

(b) Employers must permit an employee to carry over accrued but unused sick and safe time into the following year. The total amount of accrued but unused earned sick and safe time for an employee must not exceed 80 hours at any time, unless an employer agrees to a higher amount.

(c) Employees who are exempt from overtime requirements under United States Code, title 29, section 213(a)(1), as amended through the effective date of this section, are deemed to work 40 hours in each workweek for purposes of accruing earned sick and safe time, except that an employee whose normal workweek is less than 40 hours will accrue earned sick and safe time based on the normal workweek.

(d) Earned sick and safe time under this section begins to accrue at the commencement of employment of the employee.

(e) Employees may use accrued earned sick and safe time beginning 90 calendar days after the day their employment commenced. After 90 days from the day employment commenced, employees may use earned sick and safe time as it is accrued. The 90-calendar-day period under this paragraph includes both days worked and days not worked.

Sec. 4. [181.9447] USE OF EARNED SICK AND SAFE TIME.

Subdivision 1. Eligible use. An employee may use accrued earned sick and safe time for:

(1) an employee's:

(i) mental or physical illness, injury, or other health condition;

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(ii) need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or

(iii) need for preventive medical or health care;

(2) care of a family member:

(i) with a mental or physical illness, injury, or other health condition;

(ii) who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or other health condition; or

(iii) who needs preventive medical or health care;

(3) absence due to domestic abuse, sexual assault, or stalking of the employee or employee's family member, provided the absence is to:

(i) seek medical attention related to physical or psychological injury or disability caused by domestic abuse, sexual assault, or stalking;

(ii) obtain services from a victim services organization;

(iii) obtain psychological or other counseling;

(iv) seek relocation due to domestic abuse, sexual assault, or stalking; or

(v) seek legal advice or take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic abuse, sexual assault, or stalking;

(4) closure of the employee's place of business due to weather or other public emergency or an employee's need to care for a family member whose school or place of care has been closed due to weather or other public emergency; and

(5) when it has been determined by the health authorities having jurisdiction or by a health care professional that the presence of the employee or family member of the employee in the community would jeopardize the health of others because of the exposure of the employee or family member of the employee to a communicable disease, whether or not the employee or family member has actually contracted the communicable disease.

Subd. 2. Notice. An employer may require notice of the need for use of earned sick and safe time as provided in this paragraph. If the need for use is foreseeable, an employer may require advance notice of the intention to use earned sick and safe time but must not require more than seven days' advance notice. If the need is unforeseeable, an employer may require an employee to give notice of the need for earned sick and safe time as soon as practicable.

Subd. 3. Documentation. When an employee uses earned sick and safe time for more than three consecutive days, an employer may require reasonable documentation that the earned sick and safe time is covered by subdivision 1. For earned sick and safe time under subdivision 1, clauses (1) and (2), reasonable documentation may include a signed statement by a health care professional indicating the need for use of earned sick and safe time. For earned sick and safe time under subdivision 1, clause (3), an employer must accept a court record or documentation signed by a volunteer or employee of a victims services organization, an attorney, a police officer, or an antiviolence counselor as reasonable documentation. An employer must not require disclosure of details relating to domestic abuse, sexual assault, or stalking or the details of an employee's or an employee's family member's medical condition as related to an employee's request to use earned sick and safe time under this section.

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Subd. 4. Replacement worker. An employer may not require, as a condition of an employee using earned sick and safe time, that the employee seek or find a replacement worker to cover the hours the employee uses as earned sick and safe time.

Subd. 5. Increment of time used. Earned sick and safe time may be used in the smallest increment of time tracked by the employer's payroll system, provided such increment is not more than four hours.

Subd. 6. Retaliation prohibited. An employer shall not take retaliatory personnel action against an employee because the employee has requested earned sick and safe time, used earned sick and safe time, requested a statement of accrued sick and safe time, or made a complaint or filed an action to enforce a right to earned sick and safe time under this section.

Subd. 7. Reinstatement to comparable position after leave. An employee returning from a leave under this section is entitled to return to employment in a comparable position. If, during a leave under this section, the employer experiences a layoff and the employee would have lost a position had the employee not been on leave, pursuant to the good faith operation of a bona fide layoff and recall system, including a system under a collective bargaining agreement, the employee is not entitled to reinstatement in the former or comparable position. In such circumstances, the employee retains all rights under the layoff and recall system, including a system under a collective bargaining agreement, as if the employee had not taken the leave.

Subd. 8. Pay and benefits after leave. An employee returning from a leave under this section is entitled to return to employment at the same rate of pay the employee had been receiving when the leave commenced, plus any automatic adjustments in the employee's pay scale that occurred during the leave period. The employee returning from a leave is entitled to retain all accrued preleave benefits of employment and seniority as if there had been no interruption in service, provided that nothing under this section prevents the accrual of benefits or seniority during the leave pursuant to a collective bargaining or other agreement between the employer and employees.

Subd. 9. Part-time return from leave. An employee, by agreement with the employer, may return to work part time during the leave period without forfeiting the right to return to employment at the end of the leave, as provided under this section.

Subd. 10. Notice and posting by employer. (a) Employers must give notice to all employees that they are entitled to earned sick and safe time, including the amount of earned sick and safe time, the accrual year for the employee, and the terms of its use under this section; that retaliation against employees who request or use earned sick and safe time is prohibited; and that each employee has the right to file a complaint or bring a civil action if earned sick and safe time is denied by the employer or the employee is retaliated against for requesting or using earned sick and safe time.

(b) Employers must supply employees with a notice in English and other appropriate languages that contains the information required in paragraph (a) at commencement of employment or the effective date of this section, whichever is later.

(1) posting a copy of the notice at each location where employees perform work and where the notice must be readily observed and easily reviewed by all employees performing work; or

(2) providing a paper or electronic copy of the notice to employees.

The notice must contain all information required under paragraph (a). The commissioner shall create and make available to employers a poster and a model notice that contains the information required under paragraph (a) for their use in complying with this section.

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(d) An employer that provides an employee handbook to its employees must include in the handbook notice of employee rights and remedies under this section.

Subd. 11. Required statement to employee. (a) Upon request of the employee, the employer must provide, in writing or electronically, current information stating the employee's amount of:

(1) earned sick and safe time available to the employee; and

(2) used earned sick and safe time.

(b) Employers may choose a reasonable system for providing the information in paragraph (a), including but not limited to listing information on each pay stub or developing an online system where employees can access their own information.

Subd. 12. Employer records. (a) Employers shall retain accurate records documenting hours worked by employees and earned sick and safe time taken and comply with all requirements under section 177.30.

(b) An employer must allow an employee to inspect records required by this section and relating to that employee at a reasonable time and place.

Subd. 13. Confidentiality and nondisclosure. (a) If, in conjunction with this section, an employer possesses:

(1) health or medical information regarding an employee or an employee's family member;

(2) information pertaining to domestic abuse, sexual assault, or stalking;

(3) information that the employee has requested or obtained leave under this section; or

(4) any written or oral statement, documentation, record, or corroborating evidence provided by the employee or an employee's family member, the employer must treat such information as confidential.

Information given by an employee may only be disclosed by an employer if the disclosure is requested or consented to by the employee, when ordered by a court or administrative agency, or when otherwise required by federal or state law.

(b) Records and documents relating to medical certifications, recertifications, or medical histories of employees or family members of employees created for purposes of section 177.50 or sections 181.9445 to 181.9448 must be maintained as confidential medical records separate from the usual personnel files. At the request of the employee, the employer must destroy or return the records required by sections 181.9445 to 181.9448 that are older than three years prior to the current calendar year.

(c) Employers may not discriminate against any employee based on records created for the purposes of section 177.50 or sections 181.9445 to 181.9448.

Sec. 5. [181.9448] EFFECT ON OTHER LAW OR POLICY.

Subdivision 1. No effect on more generous sick and safe time policies. (a) Nothing in sections 181.9445 to 181.9448 shall be construed to discourage employers from adopting or retaining earned sick and safe time policies that meet or exceed, and do not otherwise conflict with, the minimum standards and requirements provided in sections 181.9445 to 181.9447.

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(b) Nothing in sections 181.9445 to 181.9447 shall be construed to limit the right of parties to a collective bargaining agreement to bargain and agree with respect to earned sick and safe time policies or to diminish the obligation of an employer to comply with any contract, collective bargaining agreement, or any employment benefit program or plan that meets or exceeds, and does not otherwise conflict with, the minimum standards and requirements provided in this section.

(c) Employers who provide earned sick and safe time to their employees under a paid time off policy or other paid leave policy that meets or exceeds, and does not otherwise conflict with, the minimum standards and requirements provided in sections 181.9445 to 181.9448 are not required to provide additional earned sick and safe time.

(d) An employer may opt to satisfy the requirements of sections 181.9445 to 181.9448 for construction industry employees by:

(1) paying at least the prevailing wage rate as defined by section 177.42 and as calculated by the Department of Labor and Industry; or

(2) paying at least the required rate established in a registered apprenticeship agreement for apprentices registered with the Department of Labor and Industry.

An employer electing this option is deemed to be in compliance with sections 181.9445 to 181.9448 for construction industry employees who receive either at least the prevailing wage rate or the rate required in the applicable apprenticeship agreement regardless of whether the employees are working on private or public projects.

(e) Sections 181.9445 to 181.9448 do not prohibit an employer from establishing a policy whereby employees may donate unused accrued sick and safe time to another employee.

(f) Sections 181.9445 to 181.9448 do not prohibit an employer from advancing sick and safe time to an employee before accrual by the employee.

Subd. 2. Termination; separation; transfer. Sections 181.9445 to 181.9448 do not require financial or other reimbursement to an employee from an employer upon the employee's termination, resignation, retirement, or other separation from employment for accrued earned sick and safe time that has not been used. If an employee is transferred to a separate division, entity, or location, but remains employed by the same employer, the employee is entitled to all earned sick and safe time accrued at the prior division, entity, or location and is entitled to use all earned sick and safe time as provided in sections 181.9445 to 181.9448. When there is a separation from employment and the employee is rehired within 180 days of separation by the same employer, previously accrued earned sick and safe time that had not been used must be reinstated. An employee is entitled to use accrued earned sick and safe time and accrue additional earned sick and safe time at the commencement of reemployment.

Subd. 3. Employer succession. (a) When a different employer succeeds or takes the place of an existing employer, all employees of the original employer who remain employed by the successor employer are entitled to all earned sick and safe time accrued but not used when employed by the original employer, and are entitled to use all earned sick and safe time previously accrued but not used.

(b) If, at the time of transfer of the business, employees are terminated by the original employer and hired within 30 days by the successor employer following the transfer, those employees are entitled to all earned sick and safe time accrued but not used when employed by the original employer, and are entitled to use all earned sick and safe time previously accrued but not used.

Sec. 6. REPEALER.

Minnesota Statutes 2020, section 181.9413, is repealed.

Sec. 7. EFFECTIVE DATE.

This article is effective 180 days following final enactment.

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ARTICLE 2

EARNED SICK AND SAFE TIME ENFORCEMENT

Section 1. Minnesota Statutes 2020, section 177.27, subdivision 2, is amended to read:

Subd. 2. Submission of records; penalty. The commissioner may require the employer of employees working in the state to submit to the commissioner photocopies, certified copies, or, if necessary, the originals of employment records which the commissioner deems necessary or appropriate. The records which may be required include full and correct statements in writing, including sworn statements by the employer, containing information relating to wages, hours, names, addresses, and any other information pertaining to the employer's employees and the conditions of their employment as the commissioner deems necessary or appropriate.

The commissioner may require the records to be submitted by certified mail delivery or, if necessary, by personal delivery by the employer or a representative of the employer, as authorized by the employer in writing.

The commissioner may fine the employer up to ~~$1,000~~ $10,000 for each failure to submit or deliver records as required by this section~~, and up to $5,000 for each repeated failure~~. This penalty is in addition to any penalties provided under section 177.32, subdivision 1. In determining the amount of a civil penalty under this subdivision, the appropriateness of such penalty to the size of the employer's business and the gravity of the violation shall be considered.

Sec. 2. Minnesota Statutes 2020, section 177.27, subdivision 4, is amended to read:

Subd. 4. Compliance orders. The commissioner may issue an order requiring an employer to comply with sections 177.21 to 177.435, 181.02, 181.03, 181.031, 181.032, 181.101, 181.11, 181.13, 181.14, 181.145, 181.15, 181.172, paragraph (a) or (d), 181.275, subdivision 2a, 181.722, 181.79, ~~and~~ 181.939 to 181.943, and 181.9445 to 181.9448, or with any rule promulgated under section 177.28. The commissioner shall issue an order requiring an employer to comply with sections 177.41 to 177.435 if the violation is repeated. For purposes of this subdivision only, a violation is repeated if at any time during the two years that preceded the date of violation, the commissioner issued an order to the employer for violation of sections 177.41 to 177.435 and the order is final or the commissioner and the employer have entered into a settlement agreement that required the employer to pay back wages that were required by sections 177.41 to 177.435. The department shall serve the order upon the employer or the employer's authorized representative in person or by certified mail at the employer's place of business. An employer who wishes to contest the order must file written notice of objection to the order with the commissioner within 15 calendar days after being served with the order. A contested case proceeding must then be held in accordance with sections 14.57 to 14.69. If, within 15 calendar days after being served with the order, the employer fails to file a written notice of objection with the commissioner, the order becomes a final order of the commissioner.

Sec. 3. Minnesota Statutes 2020, section 177.27, subdivision 7, is amended to read:

Subd. 7. Employer liability. If an employer is found by the commissioner to have violated a section identified in subdivision 4, or any rule adopted under section 177.28, and the commissioner issues an order to comply, the commissioner shall order the employer to cease and desist from engaging in the violative practice and to take such affirmative steps that in the judgment of the commissioner will effectuate the purposes of the section or rule violated. The commissioner shall order the employer to pay to the aggrieved parties back pay, gratuities, and compensatory damages, less any amount actually paid to the employee by the employer, and for an additional equal amount as liquidated damages. Any employer who is found by the commissioner to have repeatedly or willfully violated a section or sections identified in subdivision 4 shall be subject to a civil penalty of up to ~~$1,000~~ $10,000 for each violation for each employee. In determining the amount of a civil penalty under this subdivision, the appropriateness of such penalty to the size of the employer's business and the gravity of the violation shall be considered. In addition, the commissioner may order the employer to reimburse the department and the attorney general for all appropriate litigation and hearing costs expended in preparation for and in conducting the contested

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case proceeding, unless payment of costs would impose extreme financial hardship on the employer. If the employer is able to establish extreme financial hardship, then the commissioner may order the employer to pay a percentage of the total costs that will not cause extreme financial hardship. Costs include but are not limited to the costs of services rendered by the attorney general, private attorneys if engaged by the department, administrative law judges, court reporters, and expert witnesses as well as the cost of transcripts. Interest shall accrue on, and be added to, the unpaid balance of a commissioner's order from the date the order is signed by the commissioner until it is paid, at an annual rate provided in section 549.09, subdivision 1, paragraph (c). The commissioner may establish escrow accounts for purposes of distributing damages.

Sec. 4. [177.50] EARNED SICK AND SAFE TIME ENFORCEMENT.

Subdivision 1. Definitions. The definitions in section 181.9445 apply to this section.

Subd. 2. Rulemaking authority. The commissioner may adopt rules to carry out the purposes of this section and sections 181.9445 to 181.9448.

Subd. 3. Individual remedies. In addition to any other remedies provided by law, a person injured by a violation of sections 181.9445 to 181.9448 may bring a civil action to recover general and special damages, along with costs, fees, and reasonable attorney fees, and may receive injunctive and other equitable relief as determined by a court. An action to recover damages under this subdivision must be commenced within three years of the violation of sections 181.9445 to 181.9448 that caused the injury to the employee.

Subd. 4. Grants to community organizations. The commissioner may make grants to community organizations for the purpose of outreach to and education for employees regarding their rights under sections 181.9445 to 181.9448. The community-based organizations must be selected based on their experience, capacity, and relationships in high-violation industries. The work under such a grant may include the creation and administration of a statewide worker hotline.

Subd. 5. Report to legislature. (a) The commissioner must submit an annual report to the legislature, including to the chairs and ranking minority members of any relevant legislative committee. The report must include but is not limited to:

(1) a list of all violations of sections 181.9445 to 181.9448, including the employer involved, and the nature of any violations; and

(2) an analysis of noncompliance with sections 181.9445 to 181.9448, including any patterns by employer, industry, or county.

(b) A report under this section must not include an employee's name or other identifying information, any health or medical information regarding an employee or an employee's family member, or any information pertaining to domestic abuse, sexual assault, or stalking of an employee or an employee's family member.

Subd. 6. Contract for labor or services. It is the responsibility of all employers to not enter into any contract or agreement for labor or services where the employer has any actual knowledge or knowledge arising from familiarity with the normal facts and circumstances of the business activity engaged in, or has any additional facts or information that, taken together, would make a reasonably prudent person undertake to inquire whether, taken together, the contractor is not complying or has failed to comply with this section. For purposes of this subdivision, "actual knowledge" means information obtained by the employer that the contractor has violated this section within the past two years and has failed to present the employer with credible evidence that such noncompliance has been cured going forward.

EFFECTIVE DATE. This section is effective 180 days after final enactment.

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ARTICLE 3

EARNED SICK AND SAFE TIME APPROPRIATIONS

Section 1. EARNED SICK AND SAFE TIME APPROPRIATIONS.

(a) $1,367,000 in fiscal year 2023 is appropriated from the general fund to the commissioner of labor and industry for enforcement and other duties regarding earned sick and safe time under Minnesota Statutes, sections 181.9445 to 181.9448, and chapter 177. In fiscal year 2024, the base is $2,018,000. In fiscal year 2025, the base is $1,708,000.

(b) $3,000 in fiscal year 2023 is appropriated from the general fund to the commissioner of management and budget for printing costs associated with earned sick and safe time under Minnesota Statutes, sections 181.9445 to 181.9448. This is a onetime appropriation.

(c) $51,000 in fiscal year 2023 is appropriated from the general fund to the entities specified in paragraph (d) to offset the cost of earned sick and safe time leave required under this act of executive branch agencies, boards, and commissions. The base for fiscal year 2024 and beyond is $102,000.

(d) The commissioner of management and budget must determine an allocation of the amount appropriated in paragraph (c) for each executive branch state agency, board, and commission. Each allocation is directly appropriated to each of these entities as specified by the commissioner.

(e) $300,000 in fiscal year 2023 is appropriated from the general fund to the commissioner of labor and industry for grants to community organizations under Minnesota Statutes, section 177.50, subdivision 4. In fiscal year 2024, the base is $300,000. In fiscal year 2025, the base is $0.

(f) $18,000 in fiscal year 2023 is appropriated from the general fund to the house of representatives to modify timecard and human resources systems as necessary to comply with this act. This is a onetime appropriation.

(g) $1,000 in fiscal year 2023 is appropriated from the general fund to the supreme court for purposes of this act. The base for this appropriation is $492,000 in fiscal year 2024 and $459,000 in fiscal year 2025."

Delete the title and insert:

"A bill for an act relating to employment; providing for earned sick and safe time; requiring a report; authorizing rulemaking; appropriating money; amending Minnesota Statutes 2020, sections 177.27, subdivisions 2, 4, 7; 181.942, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 177; 181; repealing Minnesota Statutes 2020, section 181.9413."

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. 807, A bill for an act relating to education; prohibiting construction of schools near former landfills; requiring notice by schools located near former landfills; amending Minnesota Statutes 2020, section 123B.51, by adding a subdivision.

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

The report was adopted.

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

H. F. No. 1152, A bill for an act relating to public safety; establishing the Clean Slate Act; providing for an automatic expungement process for certain offenders; amending Minnesota Statutes 2020, sections 609A.01; 609A.02, subdivision 3, by adding a subdivision; 609A.025; 609A.03, subdivisions 5, 7a, 9; 611A.03, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 609A.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"ARTICLE 1

EXPUNGEMENT WITHOUT PETITION

Section 1. [609A.015] AUTOMATIC EXPUNGEMENT OF RECORDS.

Subdivision 1. Eligibility; dismissal; exoneration. A person who is the subject of a criminal record or delinquency record is eligible for a grant of expungement relief without the filing of a petition:

(1) if the person was arrested and all charges were dismissed after a case was filed unless dismissal was based on a finding that the defendant was incompetent to proceed; or

(2) if all pending actions or proceedings were resolved in favor of the person.

For purposes of this chapter, a verdict of not guilty by reason of mental illness is not a resolution in favor of the person. For purposes of this chapter, an action or proceeding is resolved in favor of the person if the petitioner received an order under section 590.11 determining that the person is eligible for compensation based on exoneration.

Subd. 2. Eligibility; diversion and stay of adjudication. A person is eligible for a grant of expungement relief if the person has successfully completed the terms of a diversion program or stay of adjudication and has not been petitioned or charged with a new offense, other than an offense that would be a petty misdemeanor, for one year immediately following completion of the diversion program or stay of adjudication.

Subd. 3. Eligibility; certain criminal and delinquency proceedings. (a) A person is eligible for a grant of expungement relief if the person:

(1) was adjudicated delinquent for, convicted of, or received a stayed sentence for a qualifying offense;

(2) has not been convicted of a new offense, other than an offense that would be a petty misdemeanor, in Minnesota during the applicable waiting period immediately following discharge of the disposition or sentence for the crime; and

(3) is not charged with an offense in Minnesota at the time the person reaches the end of the applicable waiting period.

(b) As used in this subdivision, "qualifying offense" means an adjudication, conviction, or stayed sentence for:

(1) any petty misdemeanor offense other than a violation of a traffic regulation relating to the operation or parking of motor vehicles;

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(2) any misdemeanor offense other than:

(i) section 169A.20 under the terms described in section 169A.27 (fourth-degree driving while impaired);

(ii) section 518B.01, subdivision 14 (violation of an order for protection);

(iii) section 609.224 (assault in the fifth degree);

(iv) section 609.2242 (domestic assault);

(v) section 609.748 (violation of a harassment restraining order);

(vi) section 609.78 (interference with emergency call);

(vii) section 609.79 (obscene or harassing phone calls);

(viii) section 617.23 (indecent exposure);

(ix) section 609.746 (interference with privacy); or

(x) section 629.75 (violation of domestic abuse no contact order); or

(3) any gross misdemeanor offense other than:

(i) section 169A.25 (second-degree driving while impaired);

(ii) section 169A.26 (third-degree driving while impaired);

(iii) section 518B.01, subdivision 14 (violation of an order for protection);

(iv) section 609.2231 (assault in the fourth degree);

(v) section 609.224 (assault in the fifth degree);

(vi) section 609.2242 (domestic assault);

(vii) section 609.233 (criminal neglect);

(viii) section 609.3451 (criminal sexual conduct in the fifth degree);

(ix) section 609.377 (malicious punishment of child);

(x) section 609.485 (escape from custody);

(xi) section 609.498 (tampering with witness);

(xii) section 609.582, subdivision 4 (burglary in the fourth degree);

(xiii) section 609.746 (interference with privacy);

(xiv) section 609.748 (violation of a harassment restraining order);

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(xv) section 609.749 (harassment; stalking);

(xvi) section 609.78 (interference with emergency call);

(xvii) section 617.23 (indecent exposure);

(xviii) section 617.261 (nonconsensual dissemination of private sexual images); or

(xix) section 629.75 (violation of domestic abuse no contact order).

(1) if the offense was a petty misdemeanor or a misdemeanor, two years; and

(2) if the offense was a gross misdemeanor, four years.

(d) Felony offenses deemed to be a gross misdemeanor or misdemeanor pursuant to section 609.13, subdivision 1, remain ineligible for expungement under this section. Gross misdemeanor offenses ineligible for a grant of expungement under this section remain ineligible if deemed to be for a misdemeanor pursuant to section 609.13, subdivision 2.

Subd. 4. Notice. (a) The court shall notify a person who may become eligible for an automatic expungement under this section of that eligibility at any hearing where the court dismisses and discharges proceedings against a person under section 152.18, subdivision 1, for violation of section 152.024, 152.025, or 152.027 for possession of a controlled substance; concludes that all pending actions or proceedings were resolved in favor of the person; grants a person's placement into a diversion program; or sentences a person or otherwise imposes a consequence for a qualifying offense.

(b) To the extent possible, prosecutors, defense counsel, supervising agents, and coordinators or supervisors of a diversion program shall notify a person who may become eligible for an automatic expungement under this section of that eligibility.

(1) an expunged record of a conviction may be opened for purposes of a background study by the Department of Human Services under section 245C.08 and for purposes of a background check by the Professional Educator Licensing and Standards Board as required under section 122A.18, subdivision 8; and

(2) the person can file a petition to expunge the record and request that it be directed to the commissioner of human services and the Professional Educator Licensing and Standards Board.

Subd. 5. Bureau of Criminal Apprehension to identify eligible persons and grant expungement relief. (a) The Bureau of Criminal Apprehension shall identify adjudications and convictions that qualify for a grant of expungement relief pursuant to this subdivision or subdivision 1, 2, or 3.

(b) In making the determination under paragraph (a), the Bureau of Criminal Apprehension shall identify individuals who are the subject of relevant records through the use of finger and thumb prints where finger and thumb prints are available. Where finger and thumb prints are not available, the Bureau of Criminal Apprehension shall identify individuals through the use of the person's name and date of birth. Records containing the same name and date of birth shall be presumed to refer to the same individual unless other evidence establishes, by a preponderance of the evidence, that they do not refer to the same individual. The Bureau of Criminal Apprehension is not required to review any other evidence in making its determination.

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(c) The Bureau of Criminal Apprehension shall grant expungement relief to qualifying persons and seal its own records without requiring an application, petition, or motion. Records shall be sealed 60 days after notice is sent to the judicial branch pursuant to paragraph (e) unless an order of the judicial branch prohibits sealing the records or additional information establishes that the records are not eligible for expungement.

(d) Nonpublic criminal records maintained by the Bureau of Criminal Apprehension and subject to a grant of expungement relief shall display a notation stating "expungement relief granted pursuant to section 609A.015."

(e) The Bureau of Criminal Apprehension shall inform the judicial branch of all cases for which expungement relief was granted pursuant to this section. Notification may be through electronic means and may be made in real time or in the form of a monthly report. Upon receipt of notice, the judicial branch shall seal all records relating to an arrest, indictment or information, trial, verdict, or dismissal and discharge for any case in which expungement relief was granted and shall issue any order deemed necessary to achieve this purpose.

(f) Unless an order issued under paragraph (e) notifies the law enforcement agency that made the arrest or issued the citation, the Bureau of Criminal Apprehension shall inform each arresting or citing law enforcement agency whose records are affected by the grant of expungement relief that expungement has been granted. Notification shall be made at the time and under the conditions described in paragraph (c), except that notice may be sent in real time or in the form of a monthly report sent no more than 30 days after the expiration of the deadline established in paragraph (c). Notification may be through electronic means. Each notified law enforcement agency shall seal all records relating to an arrest, indictment or information, trial, verdict, or dismissal and discharge for any case in which expungement relief was granted.

(g) Data on the person whose offense has been expunged under this subdivision, including any notice sent pursuant to paragraph (f), are private data on individuals as defined in section 13.02, subdivision 12.

(h) The prosecuting attorney shall notify the victim that an offense qualifies for automatic expungement under this section in the manner provided in section 611A.03, subdivisions 1 and 2.

(i) In any subsequent prosecution of a person granted expungement relief, the expunged criminal record may be pleaded and has the same effect as if the relief had not been granted.

(j) The Bureau of Criminal Apprehension is directed to develop, modify, or update a system to provide criminal justice agencies with uniform statewide access to criminal records sealed by expungement.

Subd. 6. Immunity from civil liability. Employees of the Bureau of Criminal Apprehension shall not be held civilly liable for the exercise or the failure to exercise, or the decision to exercise or the decision to decline to exercise, the powers granted by this section or for any act or omission occurring within the scope of the performance of their duties under this section.

EFFECTIVE DATE. This section is effective January 1, 2024, and applies to offenses that meet the eligibility criteria on or after that date and retroactively to offenses that met those qualifications before January 1, 2024, and are stored in the Bureau of Criminal Apprehension's criminal history system as of January 1, 2024.

ARTICLE 2

CONFORMING CHANGES

Section 1. Minnesota Statutes 2020, section 13.871, subdivision 14, is amended to read:

Subd. 14. Expungement ~~petitions~~. (a) Provisions regarding the classification and sharing of data contained in a petition for expungement of a criminal record are included in section 609A.03.

(b) Provisions regarding the classification and sharing of data related to automatic expungements are included in sections 299C.097 and 609A.015.

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Sec. 2. Minnesota Statutes 2020, section 152.18, subdivision 1, is amended to read:

Subdivision 1. Deferring prosecution for certain first time drug offenders. (a) A court may defer prosecution as provided in paragraph (c) for any person found guilty, after trial or upon a plea of guilty, of a violation of section 152.023, subdivision 2, 152.024, subdivision 2, 152.025, subdivision 2, or 152.027, subdivision 2, 3, 4, or 6, paragraph (d), for possession of a controlled substance, who:

(1) has not previously participated in or completed a diversion program authorized under section 401.065;

(2) has not previously been placed on probation without a judgment of guilty and thereafter been discharged from probation under this section; and

(3) has not been convicted of a felony violation of this chapter, including a felony-level attempt or conspiracy, or been convicted by the United States or another state of a similar offense that would have been a felony under this chapter if committed in Minnesota, unless ten years have elapsed since discharge from sentence.

(b) The court must defer prosecution as provided in paragraph (c) for any person found guilty of a violation of section 152.025, subdivision 2, who:

(1) meets the criteria listed in paragraph (a), clauses (1) to (3); and

(2) has not previously been convicted of a felony offense under any state or federal law or of a gross misdemeanor under section 152.025.

(c) In granting relief under this section, the court shall, without entering a judgment of guilty and with the consent of the person, defer further proceedings and place the person on probation upon such reasonable conditions as it may require and for a period, not to exceed the maximum sentence provided for the violation. The court may give the person the opportunity to attend and participate in an appropriate program of education regarding the nature and effects of alcohol and drug abuse as a stipulation of probation. Upon violation of a condition of the probation, the court may enter an adjudication of guilt and proceed as otherwise provided. The court may, in its discretion, dismiss the proceedings against the person and discharge the person from probation before the expiration of the maximum period prescribed for the person's probation. If during the period of probation the person does not violate any of the conditions of the probation, then upon expiration of the period the court shall discharge the person and dismiss the proceedings against that person. Discharge and dismissal under this subdivision shall be without court adjudication of guilt, but a not public record of it shall be retained by the Bureau of Criminal Apprehension for the purpose of use by the courts in determining the merits of subsequent proceedings against the person. The not public record may also be opened only upon court order for purposes of a criminal investigation, prosecution, or sentencing. Upon receipt of notice that the proceedings were dismissed, the Bureau of Criminal Apprehension shall notify the arresting or citing law enforcement agency and direct that agency to seal its records related to the charge. Upon request by law enforcement, prosecution, or corrections authorities, the bureau shall notify the requesting party of the existence of the not public record and the right to seek a court order to open it pursuant to this section. The court shall forward a record of any discharge and dismissal under this subdivision to the bureau which shall make and maintain the not public record of it as provided under this subdivision. The discharge or dismissal shall not be deemed a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime or for any other purpose.

For purposes of this subdivision, "not public" has the meaning given in section 13.02, subdivision 8a.

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Sec. 3. [299C.097] DATABASE FOR IDENTIFYING INDIVIDUALS ELIGIBLE FOR EXPUNGEMENT.

(a) The superintendent of the Bureau of Criminal Apprehension shall maintain a computerized data system relating to petty misdemeanor and misdemeanor offenses that may become eligible for expungement pursuant to section 609A.015 and which do not require fingerprinting pursuant to section 299C.10 and are not linked to an arrest record in the criminal history system.

(b) This data is private data on individuals under section 13.02, subdivision 12.

EFFECTIVE DATE. This section is effective January 1, 2024.

Sec. 4. Minnesota Statutes 2020, section 299C.10, subdivision 1, is amended to read:

Subdivision 1. Required fingerprinting. (a) Sheriffs, peace officers, and community corrections agencies operating secure juvenile detention facilities shall take or cause to be taken immediately finger and thumb prints, photographs, distinctive physical mark identification data, information on any known aliases or street names, and other identification data requested or required by the superintendent of the bureau, of the following:

(1) persons arrested for, appearing in court on a charge of, or convicted of a felony, gross misdemeanor, or targeted misdemeanor;

(2) juveniles arrested for, appearing in court on a charge of, adjudicated delinquent for, or alleged to have committed felonies or gross misdemeanors as distinguished from those committed by adult offenders;

(3) adults and juveniles admitted to jails or detention facilities;

(4) persons reasonably believed by the arresting officer to be fugitives from justice;

(5) persons in whose possession, when arrested, are found concealed firearms or other dangerous weapons, burglar tools or outfits, high-power explosives, or articles, machines, or appliances usable for an unlawful purpose and reasonably believed by the arresting officer to be intended for such purposes;

(6) juveniles referred by a law enforcement agency to a diversion program for a felony or gross misdemeanor offense; and

(7) persons currently involved in the criminal justice process, on probation, on parole, or in custody for any offense whom the superintendent of the bureau identifies as being the subject of a court disposition record which cannot be linked to an arrest record, and whose fingerprints are necessary to reduce the number of suspense files, or to comply with the mandates of section 299C.111, relating to the reduction of the number of suspense files. This duty to obtain fingerprints for the offenses in suspense at the request of the bureau shall include the requirement that fingerprints be taken in post-arrest interviews, while making court appearances, while in custody, or while on any form of probation, diversion, or supervised release.

(b) Unless the superintendent of the bureau requires a shorter period, within 24 hours of taking the fingerprints and data, the fingerprint records and other identification data specified under paragraph (a) must be electronically entered into a bureau-managed searchable database in a manner as may be prescribed by the superintendent.

(c) Prosecutors, courts, and probation officers and their agents, employees, and subordinates shall attempt to ensure that the required identification data is taken on a person described in paragraph (a). Law enforcement may take fingerprints of an individual who is presently on probation.

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(d) Finger and thumb prints must be obtained no later than:

(1) release from booking; or

(2) if not booked prior to acceptance of a plea of guilty or not guilty.

Prior to acceptance of a plea of guilty or not guilty, an individual's finger and thumb prints must be submitted to the Bureau of Criminal Apprehension for the offense. If finger and thumb prints have not been successfully received by the bureau, an individual may, upon order of the court, be taken into custody for no more than eight hours so that the taking of prints can be completed. Upon notice and motion of the prosecuting attorney, this time period may be extended upon a showing that additional time in custody is essential for the successful taking of prints.

(e) For purposes of this section, a targeted misdemeanor is a misdemeanor violation of section 169A.20 (driving while impaired), 518B.01 (order for protection violation), 609.224 (fifth-degree assault), 609.2242 (domestic assault), 609.746 (interference with privacy), 609.748 (harassment or restraining order violation), 609.749 (obscene or harassing telephone calls), 617.23 (indecent exposure), or 629.75 (domestic abuse no contact order).

Sec. 5. Minnesota Statutes 2020, section 299C.111, is amended to read:

299C.111 SUSPENSE FILE REPORTING.

The superintendent shall immediately notify the appropriate entity or individual when a disposition record for a felony, gross misdemeanor, or targeted misdemeanor is received that cannot be linked to an arrest record.

EFFECTIVE DATE. This section is effective January 1, 2024.

Sec. 6. Minnesota Statutes 2020, section 299C.17, is amended to read:

299C.17 REPORT BY COURT ADMINISTRATOR.

The superintendent shall require the court administrator of every court which sentences a defendant for a felony, gross misdemeanor, ~~or targeted~~ misdemeanor, or petty misdemeanor to electronically transmit within 24 hours of the disposition of the case a report, in a form prescribed by the superintendent providing information required by the superintendent with regard to the prosecution and disposition of criminal cases. A copy of the report shall be kept on file in the office of the court administrator.

EFFECTIVE DATE. This section is effective January 1, 2024.

Sec. 7. Minnesota Statutes 2020, section 609A.01, is amended to read:

609A.01 EXPUNGEMENT OF CRIMINAL RECORDS.

This chapter provides the grounds and procedures for expungement of criminal records under section 13.82; 152.18, subdivision 1; 299C.11, where expungement is automatic under section 609A.015, or a petition is authorized under section 609A.02, subdivision 3; or other applicable law. The remedy available is limited to a court order sealing the records and prohibiting the disclosure of their existence or their opening except under court order or statutory authority. Nothing in this chapter authorizes the destruction of records or their return to the subject of the records.

EFFECTIVE DATE. This section is effective January 1, 2024.

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Sec. 8. Minnesota Statutes 2020, section 609A.03, subdivision 5, is amended to read:

Subd. 5. Nature of remedy; standard. (a) Except as otherwise provided by paragraph (b), expungement of a criminal record under this section is an extraordinary remedy to be granted only upon clear and convincing evidence that it would yield a benefit to the petitioner commensurate with the disadvantages to the public and public safety of:

(1) sealing the record; and

(2) burdening the court and public authorities to issue, enforce, and monitor an expungement order.

(b) Except as otherwise provided by this paragraph, if the petitioner is petitioning for the sealing of a criminal record under section 609A.02, subdivision 3, paragraph (a), clause (1) or (2), the court shall grant the petition to seal the record unless the agency or jurisdiction whose records would be affected establishes by clear and convincing evidence that the interests of the public and public safety outweigh the disadvantages to the petitioner of not sealing the record.

(1) the nature and severity of the underlying crime, the record of which would be sealed;

(2) the risk, if any, the petitioner poses to individuals or society;

(3) the length of time since the crime occurred;

(4) the steps taken by the petitioner toward rehabilitation following the crime;

(5) aggravating or mitigating factors relating to the underlying crime, including the petitioner's level of participation and context and circumstances of the underlying crime;

(6) the reasons for the expungement, including the petitioner's attempts to obtain employment, housing, or other necessities;

(7) the petitioner's criminal record;

(8) the petitioner's record of employment and community involvement;

(9) the recommendations of interested law enforcement, prosecutorial, and corrections officials;

(10) the recommendations of victims or whether victims of the underlying crime were minors;

(11) the amount, if any, of restitution outstanding, past efforts made by the petitioner toward payment, and the measures in place to help ensure completion of restitution payment after expungement of the record if granted; and

(12) other factors deemed relevant by the court.

(d) Notwithstanding section 13.82, 13.87, or any other law to the contrary, if the court issues an expungement order it may require that the criminal record be sealed, the existence of the record not be revealed, and the record not be opened except as required under subdivision 7. Records must not be destroyed or returned to the subject of the record.

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(e) Information relating to a criminal history record of an employee, former employee, or tenant that has been expunged before the occurrence of the act giving rise to the civil action may not be introduced as evidence in a civil action against a private employer or landlord or its employees or agents that is based on the conduct of the employee, former employee, or tenant.

EFFECTIVE DATE. This section is effective January 1, 2024.

Sec. 9. Minnesota Statutes 2021 Supplement, section 609A.03, subdivision 7a, is amended to read:

Subd. 7a. Limitations of order effective January 1, 2015, and later. (a) Upon issuance of an expungement order related to a charge supported by probable cause, the DNA samples and DNA records held by the Bureau of Criminal Apprehension and collected under authority other than section 299C.105 shall not be sealed, returned to the subject of the record, or destroyed.

(b) Notwithstanding the issuance of an expungement order:

(1) except as provided in clause (2), an expunged record may be opened, used, or exchanged between criminal justice agencies without a court order for the purposes of initiating, furthering, or completing a criminal investigation or prosecution or for sentencing purposes or providing probation or other correctional services;

(2) when a criminal justice agency seeks access to a record that was sealed under section 609A.02, subdivision 3, paragraph (a), clause (1), after an acquittal or a court order dismissing for lack of probable cause, for purposes of a criminal investigation, prosecution, or sentencing, the requesting agency must obtain an ex parte court order after stating a good-faith basis to believe that opening the record may lead to relevant information;

(3) an expunged record of a conviction may be opened for purposes of evaluating a prospective employee in a criminal justice agency without a court order;

(4) an expunged record of a conviction may be opened for purposes of a background study under section 245C.08 unless the commissioner had been properly served with notice of the petition for expungement and the court order for expungement is directed specifically to the commissioner of human services;

(5) an expunged record of a conviction may be opened for purposes of a background check required under section 122A.18, subdivision 8, unless the court order for expungement is directed specifically to the Professional Educator Licensing and Standards Board; ~~and~~

(6) the court may order an expunged record opened upon request by the victim of the underlying offense if the court determines that the record is substantially related to a matter for which the victim is before the court.;

(7) a prosecutor may request, and the district court shall provide, certified records of conviction for a record expunged pursuant to sections 609A.015, 609A.02, and 609A.025, and the certified records of conviction may be disclosed and introduced in criminal court proceedings as provided by the rules of court and applicable law; and

(8) the subject of an expunged record may request, and the court shall provide, certified or uncertified records of conviction for a record expunged pursuant to sections 609A.015, 609A.02, and 609A.025.

(c) An agency or jurisdiction subject to an expungement order shall maintain the record in a manner that provides access to the record by a criminal justice agency under paragraph (b), clause (1) or (2), but notifies the recipient that the record has been sealed. The Bureau of Criminal Apprehension shall notify the commissioner of human services or the Professional Educator Licensing and Standards Board of the existence of a sealed record and of the right to obtain access under paragraph (b), clause (4) or (5). Upon request, the agency or jurisdiction subject to the expungement order shall provide access to the record to the commissioner of human services or the Professional Educator Licensing and Standards Board under paragraph (b), clause (4) or (5).

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(d) An expunged record that is opened or exchanged under this subdivision remains subject to the expungement order in the hands of the person receiving the record.

(e) A criminal justice agency that receives an expunged record under paragraph (b), clause (1) or (2), must maintain and store the record in a manner that restricts the use of the record to the investigation, prosecution, or sentencing for which it was obtained.

(f) For purposes of this section, a "criminal justice agency" means a court or government agency that performs the administration of criminal justice under statutory authority.

(g) This subdivision applies to expungement orders subject to its limitations and effective on or after January 1, 2015, and grants of expungement relief issued on or after January 1, 2024.

EFFECTIVE DATE. This section is effective January 1, 2024.

Sec. 10. Minnesota Statutes 2020, section 609A.03, subdivision 9, is amended to read:

Subd. 9. Stay of order; appeal. An expungement order issued under this section shall be stayed automatically for 60 days after the order is filed and, if the order is appealed, during the appeal period. A person or an agency or jurisdiction whose records would be affected by the order may appeal the order within 60 days of service of notice of filing of the order. An agency or jurisdiction or its officials or employees need not file a cost bond or supersedeas bond in order to further stay the proceedings or file an appeal.

EFFECTIVE DATE. This section is effective January 1, 2024.

Sec. 11. Minnesota Statutes 2020, section 611A.03, subdivision 1, is amended to read:

Subdivision 1. Plea agreements; notification of victim. Prior to the entry of the factual basis for a plea pursuant to a plea agreement recommendation, a prosecuting attorney shall make a reasonable and good faith effort to inform the victim of:

(1) the contents of the plea agreement recommendation, including the amount of time recommended for the defendant to serve in jail or prison if the court accepts the agreement; ~~and~~

(2) the right to be present at the sentencing hearing and at the hearing during which the plea is presented to the court and to express orally or in writing, at the victim's option, any objection to the agreement or to the proposed disposition. If the victim is not present when the court considers the recommendation, but has communicated objections to the prosecuting attorney, the prosecuting attorney shall make these objections known to the court.; and

(3) the eligibility of the offense for automatic expungement pursuant to section 609A.015.

EFFECTIVE DATE. This section is effective January 1, 2024, and applies to plea agreements entered into on or after that date."

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.

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

H. F. No. 2231, A bill for an act relating to early childhood family education; removing obsolete language; amending Minnesota Statutes 2020, section 124D.135, subdivision 1.

Reported the same back with the recommendation that 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. 2367, A bill for an act relating to taxation; solid waste management; amending allocation of revenues from solid waste management tax; amending Minnesota Statutes 2020, section 297H.13, subdivision 2.

Reported the same back with the following amendments:

Page 1, line 8, delete the new language and insert ", 85 percent in fiscal year 2023"

Page 1, line 9, delete everything before the second "and" and after "percent" insert "in fiscal year 2024 and"

Page 1, line 11, delete the new language and insert "in fiscal year 2023"

Page 1, line 12, delete "2022" and insert "2023"

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

The report was adopted.

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

H. F. No. 2629, A bill for an act relating to consumer protection; modifying limitations on credit card surcharges; amending Minnesota Statutes 2020, section 325G.051, subdivision 1.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2020, section 325G.051, subdivision 1, is amended to read:

Subdivision 1. Limitation; prohibition. (a) A seller or lessor of goods or services doing business in Minnesota may impose a surcharge on transactions in Minnesota with a ~~purchaser~~ customer who elects to use a credit or charge card in lieu of payment by cash, check, or similar means, provided:

(1) if the sale or lease of goods or services is processed in person, then the seller or lessor informs the ~~purchaser~~ customer of the surcharge both orally at the time of sale and by a sign conspicuously posted on the seller's or lessor's premises,;

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(2) if the sale or lease of goods or services is processed through a website or mobile device, then the seller or lessor informs the customer of the surcharge by conspicuously posting a surcharge notice during the sale, at the point of sale, on the customer order summary, or on the checkout page of the website;

(3) if the sale or lease of services is processed over the phone, then the seller or lessor informs the customer of the surcharge orally; and ~~(2)~~

(4) the surcharge does not exceed five percent of the purchase price.

(b) A seller or lessor of goods or services that establishes and is responsible for its own customer credit or charge card may not impose a surcharge on a ~~purchaser~~ customer who elects to use that credit or charge card in lieu of payment by cash, check, or similar means.

(c) For purposes of this section "surcharge" means a fee or charge imposed by a seller or lessor upon a ~~buyer~~ customer that increases the price of goods or services to the ~~buyer~~ customer because the ~~buyer~~ customer uses a credit or charge card to purchase or lease the goods or services. The term does not include a discount offered by a seller or lessor to a ~~buyer~~ customer who makes payment for goods or services by cash, check, or similar means not involving a credit or charge card if the discount is offered to all prospective ~~buyers~~ customers and its availability is clearly and conspicuously disclosed to all prospective ~~buyers~~ customers."

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

The report was adopted.

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

H. F. No. 2747, A bill for an act relating to ethics in government; limiting certain types of contributions that grant registered lobbyists or other individuals special access to a meeting room, hospitality area, or other event space where public officials are likely to gather and the primary purpose of granting that special access is to facilitate informal meetings or socialization with public officials; amending Minnesota Statutes 2020, section 10A.273, subdivision 1.

Reported the same back with the following amendments:

Page 2, line 4, delete "public officials" and insert "candidates for the legislature or for constitutional office"

Page 2, line 5, delete "primary"

Page 2, line 6, delete "public officials" and insert "a candidate for the legislature or for constitutional office"

Page 2, line 9, delete "political committee, or party" and insert "or a political committee or party unit established by all or part of the party organization within a house of the legislature"

Page 2, line 10, delete "unit"

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

The report was adopted.

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Moran from the Committee on Ways and Means to which was referred:

H. F. No. 2774, A bill for an act relating to employment; establishing worker safety requirements; proposing coding for new law in Minnesota Statutes, chapter 182.

Reported the same back with the following amendments:

Page 1, line 20, delete "100" and insert "250"

Page 2, line 31, delete everything after the period

Page 3, delete lines 1 to 5

Page 4, line 8, delete "or" and insert "and" and after the comma, insert "may receive other equitable relief as determined by a court, including reinstatement with back pay,"

Page 4, after line 17, insert:

"Sec. 3. APPROPRIATION.

$76,000 in fiscal year 2023 is appropriated from the workers' compensation fund to the commissioner of labor and industry for enforcement and other duties regarding warehouse distribution workers safety under Minnesota Statutes, section 182.6526. In fiscal year 2024 and beyond, the base is $50,000 each year."

Amend the title as follows:

Page 1, line 2, after the second semicolon, insert "appropriating money;"

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. 2814, A bill for an act relating to animal health; modifying requirements for certain owners of farmed Cervidae; requiring live-animal testing for chronic wasting disease; appropriating money; amending Minnesota Statutes 2021 Supplement, section 35.155, subdivision 11.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2020, section 35.155, subdivision 1, is amended to read:

Subdivision 1. Running at large prohibited. (a) An owner may not allow farmed Cervidae to run at large. The owner must make all reasonable efforts to return escaped farmed Cervidae to their enclosures as soon as possible. The owner must immediately notify the commissioner of natural resources of the escape of farmed Cervidae if the farmed Cervidae are not returned or captured by the owner within 24 hours of their escape.

(b) An owner is liable for expenses of another person in capturing, caring for, and returning farmed Cervidae that have left their enclosures if the person capturing the farmed Cervidae contacts the owner as soon as possible.

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(c) If an owner is unwilling or unable to capture escaped farmed Cervidae, the commissioner of natural resources may destroy the escaped farmed Cervidae. The commissioner of natural resources must allow the owner to attempt to capture the escaped farmed Cervidae prior to destroying the farmed Cervidae. Farmed Cervidae that are not captured by 24 hours after escape may be destroyed.

(d) A hunter licensed by the commissioner of natural resources under chapter 97A may kill and possess escaped farmed Cervidae in a lawful manner and is not liable to the owner for the loss of the animal.

(e) Escaped farmed Cervidae killed by a hunter or destroyed by the commissioner of natural resources must be tested for chronic wasting disease at the owner's expense.

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

Sec. 2. Minnesota Statutes 2020, section 35.155, subdivision 4, is amended to read:

Subd. 4. Fencing. Farmed Cervidae must be confined in a manner designed to prevent escape. Except as provided in subdivision 4a, all perimeter fences for farmed Cervidae must be at least 96 inches in height and be constructed and maintained in a way that prevents the escape of farmed Cervidae or, entry into the premises by free‑roaming Cervidae, and physical contact between farmed Cervidae and free-roaming Cervidae. ~~After July 1, 2019,~~ All new fencing installed and all fencing used to repair deficiencies must be high tensile. ~~By December 1, 2019,~~ All entry areas for farmed Cervidae enclosure areas must have two redundant gates, which must be maintained to prevent the escape of animals through an open gate. If a fence deficiency allows entry or exit by farmed or wild Cervidae, the owner must repair the deficiency within a reasonable time, as determined by the Board of Animal Health, not to exceed 45 days. If a fence deficiency is detected during an inspection, the facility must be reinspected at least once in the subsequent three months. The farmed Cervidae owner must pay a reinspection fee equal to one‑half the applicable annual inspection fee under subdivision 7a for each reinspection related to a fence violation. If the facility experiences more than one escape incident in any six-month period or fails to correct a deficiency found during an inspection, the board may revoke the facility's registration and order the owner to remove or destroy the animals as directed by the board. If the board revokes a facility's registration, the commissioner of natural resources may seize and destroy animals at the facility.

EFFECTIVE DATE. This section is effective September 1, 2023.

Sec. 3. Minnesota Statutes 2020, section 35.155, is amended by adding a subdivision to read:

Subd. 4a. Fencing; commercial herds. In addition to the requirements in subdivision 4, commercially farmed white-tailed deer must be confined by two or more perimeter fences, with each perimeter fence at least 120 inches in height.

EFFECTIVE DATE. This section is effective September 1, 2023.

Sec. 4. Minnesota Statutes 2020, section 35.155, subdivision 6, is amended to read:

Subd. 6. Identification. (a) Farmed Cervidae must be identified by means approved by the Board of Animal Health. The identification must include a distinct number that has not been used during the previous three years and must be visible to the naked eye during daylight under normal conditions at a distance of 50 yards. The identification for white-tailed deer must also include contact information with a phone number or address that enables the reader to readily identify the owner of escaped deer. This contact information does not need to be visible from a distance of 50 yards. White-tailed deer must be identified before October 31 of the year in which the animal is born, at the time of weaning, or before movement from the premises, whichever occurs first. Elk and other cervids must be identified by December 31 of the year in which the animal is born or before movement from the premises, whichever occurs first. As coordinated by the board, the commissioner of natural resources may destroy any animal that is not identified as required under this subdivision.

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(b) The Board of Animal Health shall register farmed Cervidae. The owner must submit the registration request on forms provided by the board. The forms must include sales receipts or other documentation of the origin of the Cervidae. The board must provide copies of the registration information to the commissioner of natural resources upon request. The owner must keep written records of the acquisition and disposition of registered farmed Cervidae.

EFFECTIVE DATE. This section is effective September 1, 2023.

Sec. 5. Minnesota Statutes 2020, section 35.155, subdivision 10, is amended to read:

Subd. 10. Mandatory registration. (a) A person may not possess live Cervidae in Minnesota unless the person is registered with the Board of Animal Health and meets all the requirements for farmed Cervidae under this section. Cervidae possessed in violation of this subdivision may be seized and destroyed by the commissioner of natural resources.

(b) A person whose registration is revoked by the board is ineligible for future registration under this section unless the board determines that the person has undertaken measures that make future escapes extremely unlikely.

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

Sec. 6. Minnesota Statutes 2021 Supplement, section 35.155, subdivision 11, is amended to read:

Subd. 11. Mandatory surveillance for chronic wasting disease; depopulation. (a) An inventory for each farmed Cervidae herd must be verified by an accredited veterinarian and filed with the Board of Animal Health every 12 months.

(b) Movement of farmed Cervidae from any premises to another location must be reported to the Board of Animal Health within 14 days of the movement on forms approved by the Board of Animal Health. A person must not move farmed white-tailed deer from any premises to another location.

(c) All animals from farmed Cervidae herds that are over 12 months of age that die or are slaughtered must be tested for chronic wasting disease.

(d) The owner of a premises where chronic wasting disease is detected must:

(1) allow and cooperate with inspections of the premises as determined by the Board of Animal Health and Department of Natural Resources conservation officers and wildlife managers;

~~(1)~~ (2) depopulate the premises of Cervidae after the federal indemnification process has been completed or, if an indemnification application is not submitted, within a reasonable time determined by the board in consultation with the commissioner of natural resources;

~~(2)~~ (3) maintain the fencing required under ~~subdivision~~ subdivisions 4 and 4a on the premises for ~~five~~ ten years after the date of detection; ~~and~~

~~(3)~~ (4) post the fencing on the premises with biohazard signs as directed by the board.;

(5) not raise farmed Cervidae on the premises for at least ten years;

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(6) prior to any sale or transfer of the premises, test the soil for evidence of chronic wasting disease using a method approved by the board and report the results to the board; and

(7) record with the county recorder or registrar of titles a notice, in the form required by the board, that includes the location and legal description of the premises, the date of detection, the date of depopulation, the landowner requirements under this paragraph, and any other information required by the board.

(e) The Board of Animal Health must treat a state with chronic wasting disease in its wild Cervidae or farmed Cervidae populations as a chronic wasting disease endemic area.

Sec. 7. WHITE-TAILED DEER TESTING REQUIRED; CHRONIC WASTING DISEASE.

Subdivision 1. Live-animal testing. No later than October 1, 2022, an owner of farmed white-tailed deer registered with the Board of Animal Health under Minnesota Statutes, section 35.155, must have each farmed white‑tailed deer tested for chronic wasting disease using a real-time quaking-induced conversion (RT-QuIC) test and report the results to the Board of Animal Health in the form required by the board. If a white-tailed deer tests positive, the owner must have the animal tested a second time using an RT-QuIC test.

Subd. 2. Postmortem testing. If a farmed white-tailed deer tests positive twice under subdivision 1, the owner must have the animal destroyed and tested for chronic wasting disease using a postmortem test approved by the Board of Animal Health.

Subd. 3. Herd depopulation. If a farmed white-tailed deer tests positive for chronic wasting disease under subdivision 2, the owner must depopulate the premises of farmed Cervidae as required under Minnesota Statutes, section 35.155.

Sec. 8. TRANSFER OF DUTIES; FARMED CERVIDAE.

(a) Except as provided in paragraph (b), the responsibilities for administering and enforcing the statutes and rules listed in clauses (1) and (2) are transferred pursuant to Minnesota Statutes, section 15.039, from the Board of Animal Health to the commissioner of natural resources:

(1) Minnesota Statutes, sections 35.153 and 35.155; and

(2) Minnesota Rules, parts 1721.0370 to 1721.0420.

(b) Notwithstanding Minnesota Statutes, section 15.039, subdivision 7, the transfer of personnel will not take place. The commissioner of natural resources must contract with the Board of Animal Health for any veterinary services required to administer this program.

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

Sec. 9. APPROPRIATION.

$250,000 in fiscal year 2023 is appropriated from the general fund to the Board of Animal Health for purposes of section 7. The board must issue a request for proposal for the RT-QuIC testing required. This is a onetime appropriation.

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Sec. 10. REVISOR INSTRUCTION.

The revisor of statutes must recodify the relevant sections in Minnesota Statutes, chapter 35, and Minnesota Rules, chapter 1721, as necessary to conform with section 8. The revisor must also change the responsible agency, remove obsolete language, and make necessary cross-reference changes consistent with section 8 and the renumbering."

Delete the title and insert:

"A bill for an act relating to animal health; modifying requirements for certain owners of farmed Cervidae; requiring live-animal testing for chronic wasting disease; transferring certain duties from the Board of Animal Health to the commissioner of natural resources; appropriating money; amending Minnesota Statutes 2020, section 35.155, subdivisions 1, 4, 6, 10, by adding a subdivision; Minnesota Statutes 2021 Supplement, section 35.155, subdivision 11."

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

The report was adopted.

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

H. F. No. 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 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. 2860, A bill for an act relating to housing; prohibiting an eviction for nonpayment of rent when an application for rental assistance for the tenant is pending; amending Minnesota Statutes 2020, section 504B.291.

Reported the same back with the following amendments:

Page 2, line 22, after the period, insert "A landlord may bring an eviction action, or proceed on previously filed eviction action, if the tenant has been denied rental assistance, or within 45 days of notice by the tenant of a pending application for rental assistance, whichever comes first. A landlord who is notified that the rental assistance for the tenant has been approved shall not file or proceed with an eviction action for 15 business days pending distribution of the funds awarded. For the purposes of this section, "rental assistance" means funds distributed to provide direct assistance for the payment of rent:"

Page 2, after line 22, insert:

"(1) under chapters 256D, 256I, and 256J;

(2) under sections 116L.17, 245.99, 256.484, 256K.45, 462A.204, 462C.16, and 477A.30;

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(3) distributed by or through a county or municipal government;

(4) provided by a federal agency to be administered and distributed by the state or local government; or

(5) distributed by a nonprofit that has been funded by the federal, state, or local government when the funding was provided for the purpose of providing rental assistance."

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. 3013, A bill for an act relating to crime; providing for classified employees of the Minnesota Sentencing Guidelines Commission; amending Minnesota Statutes 2020, section 244.09, subdivision 10.

Reported the same back with the following amendments:

Page 1, line 16, delete "staff employed by" and insert "positions of employment with"

Page 1, line 17, after "state" insert a comma

Page 1, line 19, delete everything after the period and insert "A person employed as of the effective date of this section in a position placed in the classified service under this section shall not be required to complete a probationary period if the employee was employed in the same position on January 1, 2022."

Page 1, delete lines 20 to 22

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

The report was adopted.

Long from the Committee on Climate and Energy Finance and Policy to which was referred:

H. F. No. 3151, A bill for an act relating to public utilities; providing a procedure for the resolution of disputes between public utilities and residential customers; amending Minnesota Statutes 2020, section 216B.17, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 216B.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2020, section 216B.17, subdivision 1, is amended to read:

Subdivision 1. Investigation. On ~~its~~ the commission's own motion or upon a complaint made against any public utility, by the governing body of any political subdivision, by another public utility, by the department, or by any 50 consumers of ~~the~~ a particular utility, or by a complainant under section 216B.172 that any of the rates, tolls, tariffs, charges, or schedules or any joint rate or any regulation, measurement, practice, act, or omission affecting or

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relating to the production, transmission, delivery, or furnishing of natural gas or electricity or any service in connection therewith is in any respect unreasonable, insufficient, or unjustly discriminatory, or that any service is inadequate or cannot be obtained, the commission shall proceed, with notice, to make such investigation as it may deem necessary. The commission may dismiss any complaint without a hearing if in its opinion a hearing is not in the public interest.

EFFECTIVE DATE. This section is effective the day following final enactment and applies to any complaint filed with the commission on or after that date.

Sec. 2. [216B.172] CONSUMER DISPUTES.

Subdivision 1. Definitions. (a) For the purposes of this section, the following terms have the meanings given.

(b) "Appeal" means a request filed with the commission by a complainant to review and make a final decision regarding the resolution of the complainant's complaint by the consumer affairs office.

(c) "Complainant" means an individual residential customer of a public utility who has filed a complaint with the consumer affairs office.

(d) "Complaint" means an allegation submitted to the consumer affairs office by a complainant that a public utility's action or practice regarding billing or terms and conditions of service:

(1) violates a statute, rule, tariff, service contract, or other provision of law;

(2) is unreasonable; or

(3) has harmed or, if not addressed, will harm a complainant.

Complaint does not include an objection to or a request to modify any natural gas or electricity rate contained in a tariff that has been approved by the commission. A complaint under this section is an informal complaint under Minnesota Rules, chapter 7829.

(e) "Consumer affairs office" means the staff unit of the commission that is organized to receive and respond to complaints.

(f) "Informal proceeding" has the meaning given in Minnesota Rules, part 7829.0100, subpart 8.

(g) "Public assistance" has the meaning given in section 550.37, subdivision 14.

(h) "Public utility" has the meaning given in section 216B.02, subdivision 4.

Subd. 2. Complaint resolution procedure. A complainant must first attempt to resolve a dispute with a public utility by filing a complaint with the consumer affairs office. The consumer affairs office must notify the complainant of the resolution of the complaint and must provide written notice of the complainant's right to appeal the resolution to the commission and the steps the complainant may take to appeal the resolution. Upon request, the consumer affairs office must provide to the complainant a written notice containing the substance of and basis for the resolution.

Subd. 3. Appeal; final commission decision. (a) If a complainant is not satisfied with the resolution of a complaint by the consumer affairs office, the complainant may file an appeal with the commission requesting the commission to make a final decision on the complaint. The commission's response to an appeal filed under this subdivision must comply with the notice requirements under section 216B.17, subdivisions 2 to 5.

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(b) Upon the commission's receipt of an appeal filed under paragraph (a), the chair of the commission or a subcommittee delegated under section 216A.03, subdivision 8, to review the resolution of the complaint shall decide whether the complaint should be:

(1) dismissed because there is no reasonable basis on which to proceed;

(2) resolved through an informal commission proceeding; or

(3) referred to the Office of Administrative Hearings for a contested case proceeding under chapter 14.

A decision made under this paragraph must be provided in writing to the complainant and the public utility.

(c) If the commission decides that the complaint should be resolved through an informal commission proceeding or referred to the Office of Administrative Hearings for a contested case proceeding, the executive secretary shall issue a procedural schedule and any notices or orders required to initiate a contested case proceeding under chapter 14.

(d) The commission's dismissal of an appeal request or a decision rendered after conducting an informal proceeding is a final decision constituting an order or determination of the commission.

Subd. 4. Judicial review. Notwithstanding section 216B.27, a complainant may seek judicial review in district court of an adverse final decision under subdivision 3, paragraph (b), clause (1) or (2). Judicial review of the commission's decision in a contested case referred under subdivision 3, paragraph (b), clause (3), is governed by chapter 14.

Subd. 5. Right to service during pendency of dispute. A public utility must continue or promptly restore service to a complainant during the pendency of an administrative or judicial procedure pursued by a complainant under this section, provided that the complainant:

(1) agrees to enter into a payment agreement under section 216B.098, subdivision 3;

(2) posts the full disputed payment in escrow;

(3) demonstrates receipt of public assistance or eligibility for legal aid services; or

(4) demonstrates the complainant's household income is at or below 50 percent of state median income.

Subd. 6. Rulemaking authority. The commission may adopt rules to carry out the purposes of this section.

EFFECTIVE DATE. This section is effective the day following final enactment and applies to any complaint filed with the commission on or after that date."

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.

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

H. F. No. 3159, A bill for an act relating to human services; modifying purpose of law for permanency dispositions when a child cannot be placed with parents; modifying permanency dispositions when a child cannot return home; amending Minnesota Statutes 2020, sections 260C.001, subdivision 3; 260C.513.

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Reported the same back with the following amendments:

Page 2, line 22, delete "an adoption" and insert "a termination of parental rights and adoption, guardianship to the commissioner of human services through a consent to adopt,"

Page 2, line 24, after "If" insert "a relative is not available to accept placement or"

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.

Hornstein from the Committee on Transportation Finance and Policy to which was referred:

H. F. No. 3216, A bill for an act relating to transportation; amending membership of the local road improvement program advisory committee; amending Minnesota Statutes 2020, section 174.52, subdivision 3.

Reported the same back with the following amendments:

Page 1, line 16, after the semicolon, insert "and"

Page 1, line 17, delete "; and"

Page 1, line 18, delete the new language

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

The report was adopted.

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

H. F. No. 3217, A bill for an act relating to agriculture; protecting data about individuals connected to farming or agriculture who seek mental or behavioral health assistance or who contact the Minnesota Farm and Rural Helpline; amending Minnesota Statutes 2020, section 13.643, by adding a subdivision.

Reported the same back with the recommendation that 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. 3273, A bill for an act relating to animal health; prohibiting new registrations for farmed white-tailed deer; amending Minnesota Statutes 2020, section 35.155, subdivision 10.

Reported the same back with the following amendments:

Page 1, before line 5, insert:

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"Section 1. Minnesota Statutes 2020, section 13.643, subdivision 6, is amended to read:

Subd. 6. Animal premises data. (a) Except for farmed Cervidae premises location data collected and maintained under section 35.155, the following data collected and maintained by the Board of Animal Health related to registration and identification of premises and animals under chapter 35, are classified as private or nonpublic:

(1) the names and addresses;

(2) the location of the premises where animals are kept; and

(3) the identification number of the premises or the animal.

(b) Except as provided in section 347.58, subdivision 5, data collected and maintained by the Board of Animal Health under sections 347.57 to 347.64 are classified as private or nonpublic.

(c) The Board of Animal Health may disclose data collected under paragraph (a) or (b) to any person, agency, or to the public if the board determines that the access will aid in the law enforcement process or the protection of public or animal health or safety.

Sec. 2. Minnesota Statutes 2020, section 35.155, subdivision 1, is amended to read:

Subdivision 1. Running at large prohibited. (a) An owner may not allow farmed Cervidae to run at large. The owner must make all reasonable efforts to return escaped farmed Cervidae to their enclosures as soon as possible. The owner must notify the commissioner of natural resources of the escape of farmed Cervidae if the farmed Cervidae are not returned or captured by the owner within 24 hours of their escape.

(d) The owner is responsible for proper disposal, as determined by the board, of escaped and destroyed farmed Cervidae that test positive for chronic wasting disease."

Page 1, line 14, after the period, insert "This paragraph does not prohibit a person holding a valid registration under this subdivision from selling or transferring the person's registration to a family member who resides in this state and is related to the person within the third degree of kindred according to the rules of civil law. A valid registration may be sold or transferred only once under this paragraph. Before the board approves a sale or transfer under this subdivision, the board must verify that the herd is free from chronic wasting disease and the person or eligible family member must pay a onetime transfer fee of $500 to the board."

Page 1, after line 15, insert:

"Sec. 4. Minnesota Statutes 2021 Supplement, section 35.155, subdivision 11, is amended to read:

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(b) Movement of farmed Cervidae from any premises to another location must be reported to the Board of Animal Health within 14 days of the movement on forms approved by the Board of Animal Health.

(c) All animals from farmed Cervidae herds that are over 12 months of age that die or are slaughtered must be tested for chronic wasting disease.

(d) The owner of a premises where chronic wasting disease is detected must:

(1) depopulate the premises of Cervidae after the federal indemnification process has been completed or, if an indemnification application is not submitted, within a reasonable time determined by the board in consultation with the commissioner of natural resources;

(2) maintain the fencing required under subdivision 4 on the premises for five years after the date of detection; and

(3) post the fencing on the premises with biohazard signs as directed by the board.

(e) An owner of farmed Cervidae that test positive for chronic wasting disease is responsible for proper disposal of the animals, as determined by the board.

(f) An owner of farmed Cervidae is liable for any additional costs associated with the escape of an animal infected with chronic wasting disease, including the cost of additional surveillance and capture caused by the escape. This paragraph may be enforced by the attorney general on behalf of any state agency affected."

Renumber the sections in sequence

Amend the title as follows:

Page 1, line 2, after the semicolon, insert "modifying requirements for certain owners of farmed Cervidae;"

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. 3296, A bill for an act relating to motor vehicles; amending various requirements governing motor vehicle titles and disclosure; making technical and clarifying changes; amending Minnesota Statutes 2020, sections 168A.01, subdivision 17b, by adding a subdivision; 168A.04, subdivisions 1, 4; 168A.05, subdivision 3; 168A.151, subdivision 1; 168A.152, subdivisions 1, 1a; 325F.662, subdivision 3; 325F.6641; 325F.6642; 325F.665, subdivision 14; repealing Minnesota Statutes 2020, sections 168A.01, subdivision 17a; 325F.6644.

Reported the same back with the following amendments:

Page 4, line 29, after "(c)" insert "Except as provided in section 168A.11, subdivision 1,"

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Page 5, line 7, delete "A" insert "Except as provided in section 168A.11, subdivision 1, a"

Page 6, line 6, after ""salvage"" insert "or "prior salvage""

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

The report was adopted.

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

H. F. No. 3394, A resolution memorializing Congress to name the South St. Paul Post Office in honor of Officer Leo Pavlak.

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. 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 Human Services Finance and Policy.

The report was adopted.

Pinto from the Committee on Early Childhood 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 recommendation that the bill be re-referred to the Committee on Health Finance and Policy.

The report was adopted.

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

H. F. No. 3634, A bill for an act relating to education; requiring mental health screening for students; creating student mental health supports revenue; appropriating money; amending Minnesota Statutes 2020, sections 124E.20, subdivision 1; 126C.10, subdivision 1, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 121A.

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Reported the same back with the following amendments:

Page 1, line 9, after "conduct" insert "evidence-based"

Page 1, delete lines 15 to 16 and insert "of the plan to conduct the screening, including the purpose of the screening and when the screening will be conducted. A district or charter school must not conduct a mental health screening on a student whose parent has not consented to the screening"

Page 1, line 17, delete everything before the period

Page 1, line 20, after "and" insert "provide the parent a copy of the results and a list of"

Page 2, after line 3, insert:

"Subd. 4. Screening data. (a) A school district or charter school must not use the results of mental health screenings to make any decision relating to the student's instruction or academic opportunities, or student discipline.

(b) Records relating to mental health screenings must be maintained in accordance with the Data Practices Act under chapter 13 and the Family Educational Rights and Privacy Act of 1974, United States Code, title 20, section 1232(g).

(c) Notwithstanding section 138.17, mental health screening data collected by a school district or charter school under this section must be destroyed the earlier of:

(1) the district or charter school notifying the student's parent of the results and resources available to the student in the school or community in accordance with subdivision 2; or

(2) 60 days from the date of collection.

Subd. 5. Intermediate school districts and other cooperative units. For purposes of this section, "school district" includes programs serving school age children operated by an intermediate school district or other cooperative unit defined in section 123A.24, subdivision 2."

Page 3, after line 19, insert:

"(e) For purposes of this subdivision, "school district" includes programs serving school age children operated by an intermediate school district or other cooperative unit defined in section 123A.24, subdivision 2."

Page 3, line 23, before "$......." insert "(a)"

Page 3, after line 24, insert:

"(b) The commissioner may pay the general education student mental health support aid directly to intermediate school districts and other cooperative units defined in Minnesota Statutes, section 123A.24, subdivision 2."

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.

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

H. F. No. 3666, A bill for an act relating to elections; prohibiting intimidation of election officials; prohibiting interference with the performance of a duty of election administration by an election official; providing penalties; appropriating money; amending Minnesota Statutes 2020, sections 8.31, subdivision 1; 211B.32, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 211B.

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. 3696, 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.

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.

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

H. F. No. 3724, A bill for an act relating to consumer protection; prohibiting certain social media algorithms that target children; proposing coding for new law in Minnesota Statutes, chapter 325F.

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.

Becker-Finn from the Committee on Judiciary Finance and Civil Law 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, 10; proposing coding for new law in Minnesota Statutes, chapter 103G.

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

The report was adopted.

Journal of the House - 79th Day - Thursday, March 17, 2022 - Top of Page 8234

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

H. F. No. 3768, A bill for an act relating to civil law; amending process for and approval of transfer of structured settlement; providing for enforcement of violations of prohibited practices; amending Minnesota Statutes 2020, sections 549.30, subdivisions 3, 6, 15, 19, by adding subdivisions; 549.31; 549.32; 549.34; proposing coding for new law in Minnesota Statutes, chapter 549.

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

The report was adopted.

Noor from the Committee on Workforce and Business Development Finance and Policy to which was referred:

H. F. No. 3783, A bill for an act relating to economic development; appropriating money for the child care grant program; modifying a previous appropriation for child care work; amending Laws 2021, First Special Session chapter 10, article 1, section 2, subdivision 2.

Reported the same back with the following amendments:

Page 2, line 29, delete "$5,000,000" and insert "$7,500,000"

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.

Hornstein from the Committee on Transportation Finance and Policy to which was referred:

H. F. No. 3805, A bill for an act relating to public safety; removing the sunset of the Capitol Area Security Advisory Committee; repealing Minnesota Statutes 2020, section 299E.04, subdivision 5.

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. 3860, A bill for an act relating to education; establishing grants to recruit school nurses; expanding eligibility for loan forgiveness to include school nurses; requiring a report; appropriating money; amending Minnesota Statutes 2021 Supplement, section 144.1501, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 122A; 136A.

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

The report was adopted.

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

H. F. No. 3869, A bill for an act relating to public safety; clarifying enhanced sentences for certain kidnapping offenses; amending Minnesota Statutes 2020, section 609.25, subdivision 2.

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

The report was adopted.

Liebling from the Committee on Health Finance and Policy to which was referred:

H. F. No. 3871, A bill for an act relating to health; changing provisions for cancer reporting; amending Minnesota Statutes 2020, section 144.69.

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.

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

H. F. No. 3926, A bill for an act relating to education; modifying provisions for teacher preparation time; amending Minnesota Statutes 2020, section 122A.50.

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

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. 3955, A bill for an act relating to private detectives; modifying license requirements; amending Minnesota Statutes 2020, section 326.3361, subdivision 2.

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

The report was adopted.

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

H. F. No. 3981, A bill for an act relating to early childhood; making early childhood special education students eligible for prekindergarten school breakfast reimbursement and English learner services; appropriating money; amending Minnesota Statutes 2020, sections 124D.1158, subdivisions 3, 4; 124D.59, subdivision 2.

Reported the same back with the following amendments:

Page 2, line 4, after "Act," insert "United States Code, title 20, section 1419,"

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Page 3, delete sections 4 and 5 and insert:

"Sec. 4. Minnesota Statutes 2021 Supplement, section 126C.05, subdivision 1, is amended to read:

Subdivision 1. Pupil unit. Pupil units for each Minnesota resident pupil under the age of 21 or who meets the requirements of section 120A.20, subdivision 1, paragraph (c), in average daily membership enrolled in the district of residence, in another district under sections 123A.05 to 123A.08, 124D.03, 124D.08, or 124D.68; in a charter school under chapter 124E; or for whom the resident district pays tuition under section 123A.18, 123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88, subdivision 4, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or 125A.65, shall be counted according to this subdivision.

(a) A prekindergarten pupil with a disability who is enrolled in a program approved by the commissioner and has an individualized education program is counted as the ratio of the number of hours of assessment and education service to 825 times 1.0 with a minimum average daily membership of 0.28, but not more than 1.0 pupil unit.

(b) A prekindergarten pupil who is assessed but determined not to be disabled is counted as the ratio of the number of hours of assessment service to 825 times 1.0.

(c) A kindergarten pupil with a disability who is enrolled in a program approved by the commissioner is counted as the ratio of the number of hours of assessment and education services required in the fiscal year by the pupil's individualized education program to 875, but not more than one.

~~(d)~~ (c) A prekindergarten pupil who is not included in paragraph (a) or (b) and is enrolled in an approved voluntary prekindergarten program under section 124D.151 is counted as the ratio of the number of hours of instruction to 850 times 1.0, but not more than 0.6 pupil units.

~~(e)~~ (d) A kindergarten pupil ~~who is not included in paragraph (c)~~ is counted as 1.0 pupil unit if the pupil is enrolled in a free all-day, every day kindergarten program available to all kindergarten pupils at the pupil's school that meets the minimum hours requirement in section 120A.41, or is counted as .55 pupil unit, if the pupil is not enrolled in a free all-day, every day kindergarten program available to all kindergarten pupils at the pupil's school.

~~(f)~~ (e) A pupil who is in any of grades 1 to 6 is counted as 1.0 pupil unit.

~~(g)~~ (f) A pupil who is in any of grades 7 to 12 is counted as 1.2 pupil units.

~~(h)~~ (g) A pupil who is in the postsecondary enrollment options program is counted as 1.2 pupil units.

~~(i)~~ (h) For fiscal years 2018 through 2023, a prekindergarten pupil who:

(1) is not included in paragraph (a), (b), or ~~(d)~~ (c);

(2) is enrolled in a school readiness plus program under Laws 2017, First Special Session chapter 5, article 8, section 9; and

(3) has one or more of the risk factors specified by the eligibility requirements for a school readiness plus program,

is counted as the ratio of the number of hours of instruction to 850 times 1.0, but not more than 0.6 pupil units. A pupil qualifying under this paragraph must be counted in the same manner as a voluntary prekindergarten student for all general education and other school funding formulas.

EFFECTIVE DATE. This section is effective for revenue for fiscal year 2023 and later.

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Sec. 5. Laws 2021, First Special Session chapter 13, article 1, section 10, subdivision 2, is amended to read:

Subd. 2. General education aid. For general education aid under Minnesota Statutes, section 126C.13, subdivision 4:

		$ ~~7,569,266,000~~ 7,487,944,000	. . . . .	2022
		$ ~~7,804,527,000~~ 7,679,289,000	. . . . .	2023

The 2022 appropriation includes $717,326,000 for 2021 and ~~$6,851,940,000~~ $6,770,618,000 for 2022.

The 2023 appropriation includes ~~$734,520,000~~ $725,349,000 for 2022 and ~~$7,070,007,000~~ $6,953,940,000 for 2023.

Sec. 6. Laws 2021, First Special Session chapter 13, article 8, section 3, subdivision 3, is amended to read:

Subd. 3. School breakfast. For traditional school breakfast aid under Minnesota Statutes, section 124D.1158:

		$ ~~11,848,000~~ 101,000	. . . . .	2022
		$ ~~12,200,000~~ 10,691,000	. . . . .	2023"

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.

Hornstein from the Committee on Transportation Finance and Policy to which was referred:

H. F. No. 4035, A bill for an act relating to public safety; modifying the issuance of special registration plates and certain restricted licenses; amending Minnesota Statutes 2021 Supplement, sections 169A.60, subdivision 13; 171.306, subdivision 4.

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. 4165, A bill for an act relating to state government; requiring divestment from certain investments relating to Russia; terminating contracts with Russian entities; requiring a report; proposing coding for new law in Minnesota Statutes, chapters 11A; 16C.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [11A.245] INVESTMENT IN RUSSIA AND BELARUS.

Subdivision 1. Definitions. (a) For the purposes of this section, the following terms have the meanings given.

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(b) "Active business operations" means all business operations that are not inactive business operations.

(c) "Belarus" means the government of the Republic of Belarus and its instrumentalities or political subdivisions, and companies owned or controlled by the Republic of Belarus.

(d) "Company" means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for profit-making purposes.

(e) "Direct holdings" means all publicly traded debt and equity securities, including depository receipts representing ownership rights of such securities, of an entity subject to this section, or derivatives or notes representing exposure to such securities, that are held directly by the state board or held in an account or fund in which the state board owns all shares or interests.

(f) "Inactive business operations" means the continued holding or renewal of rights to property previously operated for the purpose of generating revenues but not presently deployed for such a purpose.

(g) "Indirect holdings" means all investments held in an account or fund, including a mutual fund, a real estate fund, a private equity fund, or a commingled fund, managed by one or more persons who are not employed by the state board, in which the public funds own shares or interests together with other investors who are not subject to this section.

(h) "Russia" means the government of the Russian Federation or its instrumentalities or political subdivisions, and companies owned or controlled by the Russian Federation.

Subd. 2. Divestment required. (a) The state board must sell, redeem, or withdraw, in a fiscally prudent manner and consistent with applicable laws and regulations not in conflict with this section, all direct holdings of the following assets:

(1) securities issued by a company with a principal place of business in Russia or Belarus, or depository receipts representing ownership rights to such securities;

(2) securities issued by Russia or Belarus;

(3) securities issued by any governmental unit of Russia or Belarus;

(4) currency issued by Russia, Belarus, or a governmental unit of Russia or Belarus; and

(5) derivatives or notes representing exposure to any assets listed in this subdivision.

(b) For purposes of this subdivision, when determining whether a company has a principal place of business in Russia or Belarus, the state board must give consideration to the company's country of risk; domicile; country of incorporation; the country in which the company's securities are issued; and other relevant factors as determined by the state board or its director.

(c) At least quarterly, the director must report to the state board on the status of any actions taken under this subdivision.

Subd. 3. Schedule. To the extent practicable, the sale, redemption, or withdrawal of assets under subdivision 2 must be completed according to the following schedule:

(1) at least 50 percent of any direct holdings must be removed from the state board's assets under management by nine months after the effective date of this section; and

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(2) 100 percent of any direct holdings must be removed from the state board's assets under management within 15 months after the effective date of this section.

Subd. 4. Prohibition on new acquisitions. The state board may not further acquire securities that are subject to sale, redemption, or withdrawal under subdivision 2.

Subd. 5. Relation to federal action. If the federal government excludes an asset from its present, or any future, federal sanctions relating to Russia or Belarus, that asset is exempt from the divestment requirements and the investment prohibitions in this section.

Subd. 6. Exemptions. Subdivision 2 does not apply to any of the following:

(1) investments in a company that is primarily engaged in supplying goods or services intended to relieve human suffering in Russia or Belarus;

(2) investments in a company that is primarily engaged in promoting health; education; or journalistic, religious, or welfare activities in Russia or Belarus; and

(3) investments in a United States company that is authorized by the federal government to have active business operations in Russia or Belarus.

Subd. 7. Excluded securities. Subdivision 2 does not apply to indirect holdings in actively managed investment funds. The state board must submit letters to the managers of investment funds containing assets that would otherwise be subject to sale, redemption, or withdrawal under subdivision 2 requesting the managers to consider removing those assets from the fund or to create a similar actively managed fund with indirect holdings that do not include those assets. If a manager creates a similar fund, the state board shall promptly replace all applicable investments with investments in the similar fund consistent with prudent investing standards. For the purposes of this section, private equity funds shall be deemed to be actively managed investment funds.

Subd. 8. Reporting. By January 15 of each calendar year, the state board shall submit a report to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over the state board. The report must include:

(1) a list of all investments sold, redeemed, or withdrawn in compliance with subdivision 2;

(2) a list of all prohibited investments under subdivision 4; and

(3) a description of any progress made under subdivision 7.

Subd. 9. Expiration. This section ceases to be operative if the President of the United States determines and certifies that state legislation similar to this section interferes with the conduct of United States foreign policy.

Subd. 10. Other legal obligations. The state board, including its executive director and staff, is exempt from any statutory or common law obligations that conflict with actions taken in compliance with this section, including all good-faith determinations regarding companies as required by this section, including any obligations regarding the choice of asset managers, investment funds, or investments for the State Board of Investment's securities portfolios.

Subd. 11. Severability. The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity does not affect other provisions or applications that can be given effect without the invalid provision or application.

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

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Sec. 2. [16C.051] CONTRACTS WITH RUSSIA OR BELARUS.

Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given.

(b) "Belarussian entity" means an institution or company that is headquartered in the Republic of Belarus or has its principal place of business in the Republic of Belarus.

(c) "Russian entity" means an institution or company that is headquartered in the Russian Federation or has its principal place of business in the Russian Federation.

Subd. 2. Terminating contracts with Russia or Belarus. (a) All state agencies must:

(1) review existing contracts to determine if any existing contracts are with Russian entities or Belarussian entities;

(2) promptly terminate existing contracts with Russian entities or Belarussian entities as practicable; and

(3) refrain from entering into contracts with Russian entities or Belarussian entities unless the head of the state agency determines that there is no suitable alternative.

(b) Nothing in this section is intended to require or encourage state agencies to terminate or avoid contracts with Minnesota companies or other domestic entities, or to relieve state agencies of any obligations under applicable laws, rules, or regulations related to contracting and procurement.

Subd. 3. Severability. The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity does not affect other provisions or applications that can be given effect without the invalid provision or application.

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

Amend the title as follows:

Page 1, line 3, after "Russia" insert "and Belarus" and after "Russian" insert "and Belarussian"

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

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. 4174, A bill for an act relating to public safety; limiting liability for felony murder committed by another person; extending the task force on aiding and abetting felony murder; providing for a report; amending Minnesota Statutes 2020, sections 609.05, subdivisions 1, 2; 609.185; 609.19, subdivision 2.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

Journal of the House - 79th Day - Thursday, March 17, 2022 - Top of Page 8241

"Section 1. Minnesota Statutes 2020, section 609.05, is amended by adding a subdivision to read:

Subd. 2a. Exception. (a) A person may not be held criminally liable for a violation of section 609.185, paragraph (a), clause (3), committed by another unless the person intentionally aided, advised, hired, counseled, or conspired with or otherwise procured the other with the intent to cause the death of a human being.

(b) A person may not be held criminally liable for a violation of section 609.19, subdivision 2, clause (1), committed by another unless the person was a major participant in the underlying felony and acted with extreme indifference to human life.

EFFECTIVE DATE. This section is effective August 1, 2022, and applies to crimes committed on or after that date.

Sec. 2. LIABILITY FOR MURDER COMMITTED BY ANOTHER; RETROACTIVE APPLICATION.

Subdivision 1. Purpose. Any person convicted of a violation of Minnesota Statutes, section 609.185, paragraph (a), clause (3), or 609.19, subdivision 2, clause (1), and in the custody of the commissioner of corrections or under court supervision is entitled to petition to have the person's conviction vacated pursuant to this section.

Subd. 2. Notification. (a) By October 1, 2022, the commissioner of corrections shall notify individuals convicted for a violation of Minnesota Statutes, section 609.185, paragraph (a), clause (3), or 609.19, subdivision 2, clause (1), of the right to file a preliminary application for relief if:

(1) the person was convicted for a violation of Minnesota Statutes, section 609.185, paragraph (a), clause (3), and did not actually cause the death of a human being or intentionally aid, advise, hire, counsel, or conspire with or otherwise procure another with the intent to cause the death of a human being; or

(2) the person was convicted for a violation of Minnesota Statutes, section 609.19, subdivision 2, clause (1), and did not actually cause the death of a human being or was not a major participant in the underlying felony who acted with extreme indifference to human life.

(b) The notice shall include the address of the Ramsey County District Court court administration.

(c) The commissioner of corrections may coordinate with the judicial branch to establish a standardized notification form.

Subd. 3. Preliminary application. (a) An applicant shall submit a preliminary application to the Ramsey County District Court. The preliminary application must contain:

(1) the applicant's name and, if different, the name under which the person was convicted;

(2) the applicant's date of birth;

(3) the district court case number of the case for which the person is seeking relief;

(4) a statement as to whether the applicant was convicted following a trial or pursuant to a plea;

(5) a statement as to whether the person filed a direct appeal from the conviction, a petition for postconviction relief, or both;

(6) a brief statement, not to exceed 2,000 words, explaining why the applicant is entitled to relief from a conviction for the death of a human being caused by another; and

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(7) the name and address of any attorney representing the applicant.

(b) The preliminary application may contain:

(1) the name, date of birth, and district court case number of any other person charged with, or convicted of, a crime arising from the same set of circumstances for which the applicant was convicted; and

(2) a copy of a criminal complaint or indictment, or the relevant portions of a presentence investigation or life imprisonment report, describing the facts of the case for which the applicant was convicted.

(c) The judicial branch may establish a standardized preliminary application form, but shall not reject a preliminary application for failure to use a standardized form.

(d) Any person seeking relief under this section must submit a preliminary application no later than October 1, 2023. Submission is complete upon mailing.

(e) Submission of a preliminary application shall be without costs or any fees charged to the applicant.

Subd. 4. Review of preliminary application. (a) Upon receipt of a preliminary application, the court administrator of the Ramsey County District Court shall immediately direct attention of the filing thereof to the chief judge or judge acting on the chief judge's behalf who shall promptly assign the matter to a judge in said district.

(b) The judicial branch may appoint a special master to review preliminary applications and may assign additional staff as needed to assist in the review of preliminary applications.

(c) The reviewing judge shall determine whether, in the discretion of that judge, there is a reasonable probability that the applicant is entitled to relief under this section.

(d) In making the determination under paragraph (c), the reviewing judge shall consider the preliminary application and any materials submitted with the preliminary application and may consider relevant records in the possession of the judicial branch.

(e) The court may summarily deny an application when the applicant is not in the custody of the commissioner of corrections or under court supervision; the applicant was not convicted of a violation of Minnesota Statutes, section 609.185, paragraph (a), clause (3), or 609.19, subdivision 2, clause (1), before August 1, 2022; the issues raised in the application are not relevant to the relief available under this section or have previously been decided by the court of appeals or the supreme court in the same case; or the applicant has filed a second or successive preliminary application.

(f) If the reviewing judge determines that there is a reasonable probability that the applicant is entitled to relief, the judge shall send notice to the applicant and the applicant's attorney, if any, and the prosecutorial office responsible for prosecuting the applicant. In the event the applicant is without counsel, the reviewing judge shall send notice to the state public defender and shall advise the applicant of such referral.

(g) If the reviewing judge determines that there is not a reasonable probability that the applicant is entitled to relief, the judge shall send notice to the applicant and the applicant's attorney, if any.

Subd. 5. Petition for relief; hearing. (a) Within 60 days of receipt of the notice sent pursuant to subdivision 4, paragraph (f), the individual seeking relief shall file and serve a petition to vacate the conviction. The petition shall contain the information identified in subdivision 3, paragraph (a), and a statement of why the petitioner is entitled to relief. The petition may contain any other relevant information including police reports, trial transcripts, and plea

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transcripts involving the petitioner or any other person investigated for, charged with, or convicted of a crime arising out of the same set of circumstances for which the petitioner was convicted. The filing of the petition and any document subsequent thereto and all proceedings thereon shall be without costs or any fees charged to the petitioner.

(b) A county attorney representing the prosecutorial office shall respond to the petition by answer or motion within 30 days after the filing of the petition pursuant to paragraph (a), unless extended for good cause. The response shall be filed with the court administrator of the district court and served on the petitioner if unrepresented or on the petitioner's attorney. The response may serve notice of the intent to support the petition or include a statement explaining why the petitioner is not entitled to relief along with any supporting documents. The filing of the response and any document subsequent thereto and all proceedings thereon shall be without costs or any fees charged to the county attorney.

(1) issue an order pursuant to subdivision 6 and schedule the matter for sentencing or resentencing pursuant to subdivision 6, paragraph (e), if the county attorney indicates an intent to support the petition;

(2) issue an order denying the petition if additional information or submissions establish that there is not a reasonable probability that the applicant is entitled to relief under this section; or

(3) schedule the matter for a hearing and issue any appropriate order regarding submission of evidence or identification of witnesses.

(d) The hearing shall be held in open court and conducted pursuant to Minnesota Statutes, section 590.04, except that the petitioner must be present at the hearing, unless excused under Rules of Criminal Procedure, rule 26.03, subdivision 1, clause (3).

Subd. 6. Determination; order; resentencing. (a) A petitioner who was convicted of a violation of Minnesota Statutes, section 609.185, paragraph (a), clause (3), is entitled to relief if the petitioner:

(1) did not cause the death of a human being; and

(2) did not intentionally aid, advise, hire, counsel, or conspire with or otherwise procure another with the intent to cause the death of a human being.

(b) A petitioner who was convicted of a violation of Minnesota Statutes, section 609.19, subdivision 2, clause (1), is entitled to relief if the petitioner:

(1) did not cause the death of a human being; and

(2) was not a major participant in the underlying felony and did not act with extreme indifference to human life.

(c) If the court determines that the petitioner does not qualify for relief, the court shall issue an order denying the petition. If the court determines that the petitioner is entitled to relief, the court shall issue an order vacating the conviction for a violation of Minnesota Statutes, section 609.185, paragraph (a), clause (3), or 609.19, subdivision 2, clause (1), and either:

(1) resentence the petitioner for any other offense for which the petitioner was convicted; or

(2) enter a conviction and impose a sentence for any other predicate felony arising out of the course of conduct that served as the factual basis for the conviction vacated by the court.

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(d) The court shall state in writing or on the record the reasons for its decision on the petition.

(e) If the court intends to resentence a petitioner or impose a sentence on a petitioner, the court must hold the hearing at a time that allows any victim an opportunity to submit a statement consistent with Minnesota Statutes, section 611A.038. The prosecutor shall make a good faith and reasonable effort to notify any person determined to be a victim of the hearing and the right to submit or make a statement. A sentence imposed under this subdivision shall not increase the petitioner's period of confinement or, if the petitioner was serving a stayed sentence, increase the period of supervision. A person resentenced under this paragraph is entitled to credit for time served in connection with the vacated offense.

(f) Relief granted under this section shall not be treated as an exoneration for purposes of the Incarceration and Exoneration Remedies Act.

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

Sec. 3. TASK FORCE ON AIDING AND ABETTING FELONY MURDER.

(a) Laws 2021, First Special Session chapter 11, article 2, section 53, subdivisions 2, 3, 4, and 5, are revived and reenacted on the effective date of this section to expand the focus of the task force's duties and work beyond the intersection of felony murder and aiding and abetting liability for felony murder to more generally apply to the broader issues regarding the state's felony murder doctrine and aiding and abetting liability schemes discussed in "Task Force on Aiding and Abetting Felony Murder," Report to the Minnesota Legislature, dated February 1, 2022, "The Task Force's recommendations," number 4.

(b) On or before January 15, 2023, the task force shall submit a report to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over crime and sentencing on the findings and recommendations of the task force.

(c) The task force expires January 16, 2023, or the day after submitting its report under paragraph (b), whichever is earlier.

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

Sec. 4. TASK FORCE ON AIDING AND ABETTING FELONY MURDER; APPROPRIATION.

$...... in fiscal year 2023 is appropriated from the general fund to the commissioner of corrections to implement the task force on aiding and abetting felony murder."

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.

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

H. F. No. 4181, A bill for an act relating to civil law; clarifying indemnity application when insurance coverage exists; amending Minnesota Statutes 2020, section 604.21.

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

The report was adopted.

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

H. F. No. 4207, A bill for an act relating to education; requiring a personal finance class for high school graduation; amending Minnesota Statutes 2020, section 120B.024, subdivision 1.

Reported the same back with the following amendments:

Page 1, line 6, strike "beginning 9th grade in the"

Page 1, line 7, strike "2011-2012 school year and later"

Page 1, line 19, after "studies," insert "including credit for a course in government and citizenship in either 11th or 12th grade for students beginning 9th grade in the 2023-2024 school year and later or an advanced placement, international baccalaureate, or other rigorous course on government and citizenship under section 120B.021, subdivision 1a, and a combination of other credits"

Page 2, line 7, after the period, insert "A school district must offer the course starting in the 2023-2024 school year."

Amend the title as follows:

Page 1, line 2, delete "requiring a personal finance class" and insert "modifying requirements"

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. 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.

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.

Bernardy from the Committee on Higher Education Finance and Policy to which was referred:

S. F. No. 3372, A bill for an act relating to health; appropriating money for amyotrophic lateral sclerosis research and caregiver support programs; requiring a report; proposing coding for new law in Minnesota Statutes, chapter 256.

Reported the same back with the following amendments:

Page 1, delete section 1

Page 3, delete section 3

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Renumber the sections in sequence

Amend the title as follows:

Page 1, line 2, delete "health" and insert "higher education"

Page 1, line 3, delete "and caregiver support programs"

Correct the title numbers accordingly

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

The report was adopted.

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

Senate Concurrent Resolution No. 15, A Senate concurrent resolution adopting deadlines for the 2022 regular session.

Reported the same back with the recommendation that the Senate concurrent resolution be adopted.

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 41, 2231, 2629, 2747, 2774, 2856, 2860, 3013, 3216, 3217, 3296, 3394, 3805, 3869, 3955, 4035, 4181 and 4207 were read for the second time.

SECOND READING OF SENATE BILLS

S. F. No. 3472 was read for the second time.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Bernardy introduced:

H. F. No. 4309, A bill for an act relating to motor vehicles; establishing Minnesota missing and murdered Indigenous relatives special license plates; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 168.

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

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Nelson, M., introduced:

H. F. No. 4310, A bill for an act relating to elections; making technical and policy changes to provisions related to elections administration; amending Minnesota Statutes 2020, sections 5B.06; 201.061, subdivision 3; 201.071, subdivisions 1, 3, 8; 201.12, subdivision 2; 201.13, subdivision 3; 201.1611, subdivision 1; 202A.16, subdivision 1; 203B.01, by adding a subdivision; 203B.02, by adding a subdivision; 203B.081, subdivisions 1, 2; 203B.11, subdivision 1; 203B.16, subdivision 2; 204B.06, subdivision 4a; 204B.09, subdivision 1; 204B.13, by adding a subdivision; 204B.19, subdivision 6; 204B.21, subdivision 2; 204B.45, subdivisions 1, 2; 204B.46; 204C.15, subdivision 1; 204C.33, subdivision 3; 204D.19, subdivision 2; 204D.22, subdivision 3; 204D.23, subdivision 2; 205.13, subdivision 5; 205A.10, subdivision 5; 205A.12, subdivision 5; 207A.12; 209.021, subdivision 2; 211B.11, subdivision 1; 367.03, subdivision 6; 447.32, subdivision 4; Minnesota Statutes 2021 Supplement, sections 201.225, subdivision 2; 204B.16, subdivision 1.

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

Keeler introduced:

H. F. No. 4311, A bill for an act relating to capital investment; appropriating money for the Fargo Veterans Affairs (VA) Medical Center Fisher House project.

The bill was read for the first time and referred to the Committee on Labor, Industry, Veterans and Military Affairs Finance and Policy.

Becker-Finn introduced:

H. F. No. 4312, A bill for an act relating to child protection; extending the effective date for mandatory reporting for certain youth recreation program employees; modifying deadlines and duties for the legislative task force on child protection; amending Laws 2021, First Special Session chapter 7, article 10, sections 1; 3.

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

Hansen, R.; Huot; Feist; Jordan; Acomb; Becker-Finn; Reyer; Carlson; Youakim; Klevorn; Lippert; Ecklund; Vang and Davnie introduced:

H. F. No. 4313, A bill for an act relating to transportation; establishing a highways for habitat program; requiring a report; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 160.

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

Hansen, R.; Berg; Olson, L.; Richardson; Vang; Boldon; Liebling; Lee; Klevorn; Becker-Finn; Lippert; Sundin; Ecklund; Agbaje; Hollins; Jordan; Acomb; Bierman and Davnie introduced:

H. F. No. 4314, A bill for an act relating to labor and industry; modifying fair labor standards provisions for agricultural and food processing workers; amending Minnesota Statutes 2020, sections 177.27, subdivision 4; 179.86, subdivisions 1, 3, by adding subdivisions; 181.14, subdivision 1; 181.635, subdivisions 1, 2, 3, 4, 6; 181.85, subdivisions 2, 4; 181.86, subdivision 1; 181.87, subdivisions 2, 3, 7; 181.88; 181.89, subdivision 2, by adding a subdivision.

The bill was read for the first time and referred to the Committee on Labor, Industry, Veterans and Military Affairs Finance and Policy.

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Thompson introduced:

H. F. No. 4315, A bill for an act relating to state government; requiring the commissioner of administration to establish a race-based, business-conscious contract procurement program; requiring reports; proposing coding for new law in Minnesota Statutes, chapter 16C.

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

Thompson introduced:

H. F. No. 4316, A bill for an act relating to state government; appropriating money for a citizen oversight committee to audit state agency compliance with affirmative action programs; requiring reports.

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

Thompson introduced:

H. F. No. 4317, A bill for an act relating to state government; creating opportunities for homeownership for certain groups; appropriating money for an affordable homeownership incentive account to support homeownership for African Americans and African Immigrants and other protected groups; requiring a report; amending Minnesota Statutes 2020, sections 473.251; 473.254, subdivisions 1, 9, by adding subdivisions.

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

Agbaje introduced:

H. F. No. 4318, A bill for an act relating to taxation; allowing certain single-member LLCs to claim income tax credits for income taxes paid to other states; modifying the exemption for certain sales of property used in a trade or business; amending Minnesota Statutes 2020, section 297A.68, subdivision 25; Minnesota Statutes 2021 Supplement, section 290.06, subdivision 22.

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

Agbaje introduced:

H. F. No. 4319, A bill for an act relating to capital investment; appropriating money for a facility to provide career and technical education and job training in renewable energy, energy efficiency, energy storage, electric vehicles, and grid technologies.

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

Lucero introduced:

H. F. No. 4320, A bill for an act relating to taxation; tax-forfeited land sales; requiring compensation to former property owners after sale of tax-forfeited property and payment of canceled taxes to taxing districts; amending Minnesota Statutes 2020, sections 279.091; 281.18; 282.01, subdivisions 1a, 7a; 282.05; 282.08.

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

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Morrison introduced:

H. F. No. 4321, A bill for an act relating to mining; providing for denial and revocation of nonferrous mining permit, license, or lease to bad actors; proposing coding for new law in Minnesota Statutes, chapter 93.

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

Marquart introduced:

H. F. No. 4322, A bill for an act relating to capital investment; appropriating money for statewide flood hazard mitigation; authorizing the sale and issuance of state bonds.

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

Frederick introduced:

H. F. No. 4323, A bill for an act relating to transportation; requiring a minimum crew size for certain rail carriers; imposing penalties; proposing coding for new law in Minnesota Statutes, chapter 219.

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

Ecklund and Sundin introduced:

H. F. No. 4324, A bill for an act relating to veterans; appropriating money for Minnesota Assistance Council for Veterans; amending Laws 2021, First Special Session chapter 12, article 1, section 37, 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.

Gruenhagen introduced:

H. F. No. 4325, A bill for an act relating to transportation; appropriating money to extend Sibley County Road 166 in the city of Arlington; authorizing the sale and issuance of state bonds.

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

Rasmusson introduced:

H. F. No. 4326, A bill for an act relating to commerce; authorizing certain insurers to offer paid family leave insurance benefits; creating a tax credit; proposing coding for new law in Minnesota Statutes, chapter 290; proposing coding for new law as Minnesota Statutes, chapter 63A.

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

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Rasmusson introduced:

H. F. No. 4327, A bill for an act relating to capital investment; extending the availability of an appropriation for a Glendalough State Park visitor center; appropriating money for a Glendalough State Park visitor center; authorizing the sale and issuance of state bonds; amending Laws 2018, chapter 214, article 1, section 7, subdivision 9.

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

Sundin, Ecklund, Davids and Sandstede introduced:

H. F. No. 4328, A bill for an act relating to commerce; establishing a liquid fuel modernization fee and reimbursement program; appropriating money; amending Minnesota Statutes 2020, section 296A.15, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 239.

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

Davids introduced:

H. F. No. 4329, A bill for an act relating to capital investment; appropriating money for capital improvements at state veterans home facilities; authorizing the sale and issuance of state bonds.

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

Davids introduced:

H. F. No. 4330, A bill for an act relating to veterans affairs; appropriating money for upgrades and enhancements to the Preston, Bemidji, and Montevideo state veterans homes building projects; requiring a report.

The bill was read for the first time and referred to the Committee on Labor, Industry, Veterans and Military Affairs Finance and Policy.

Davids introduced:

H. F. No. 4331, A bill for an act relating to taxation; property; requiring the state to pay the costs of property tax judgments against state-assessed property; requiring reports; amending Minnesota Statutes 2020, sections 273.372, by adding subdivisions; 278.12; 290.06, by adding a subdivision.

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

Davids introduced:

H. F. No. 4332, A resolution urging the President of the United States and the United States Congress to enact legislation securing the citizenship of internationally adopted adult individuals.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

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Xiong, T., and Ecklund introduced:

H. F. No. 4333, A bill for an act relating to veterans; modifying veterans service office grant programs provisions; appropriating money; amending Minnesota Statutes 2020, section 197.608, subdivisions 4, 6; Laws 2021, First Special Session chapter 12, article 1, section 37, 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.

Frederick and Ecklund introduced:

H. F. No. 4334, A bill for an act relating to state government; appropriating money to support state veterans cemeteries.

The bill was read for the first time and referred to the Committee on Labor, Industry, Veterans and Military Affairs Finance and Policy.

Edelson and Ecklund introduced:

H. F. No. 4335, A bill for an act relating to veterans affairs; establishing veterans service organization grant program; appropriating money for veterans service organization grant program; amending Laws 2021, First Special Session chapter 12, article 1, section 37, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 197.

The bill was read for the first time and referred to the Committee on Labor, Industry, Veterans and Military Affairs Finance and Policy.

Miller introduced:

H. F. No. 4336, A bill for an act relating to capital investment; appropriating money for redevelopment of the Bird Island elementary school; authorizing the sale and issuance of state bonds.

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

Berg and Ecklund introduced:

H. F. No. 4337, A bill for an act relating to veterans; appropriating money to support homes for veterans program within Department of Veterans Affairs.

The bill was read for the first time and referred to the Committee on Labor, Industry, Veterans and Military Affairs Finance and Policy.

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Wolgamott introduced:

H. F. No. 4338, A bill for an act relating to public safety; establishing a grant program to reimburse law enforcement agencies for financial recruitment and retention incentives for licensed peace officers; 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.

Frazier introduced:

H. F. No. 4339, A bill for an act relating to public safety; requiring release of peace officer recordings from portable recording systems when there is deadly force; amending Minnesota Statutes 2020, section 13.825, subdivision 2.

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

Frederick; Keeler; Pinto; Moller; Hanson, J.; Berg; Fischer; Feist; Hollins; Reyer and Boldon introduced:

H. F. No. 4340, A bill for an act relating to judiciary; establishing the trauma-informed jury selection pilot project; requiring a report; appropriating money.

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

Sandstede, Ecklund, Sundin and Lislegard introduced:

H. F. No. 4341, A bill for an act relating to natural resources; appropriating money for a forest inventory.

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

Nelson, M., introduced:

H. F. No. 4342, A bill for an act relating to retirement; State Patrol retirement plan; modifying contribution rates; amending Minnesota Statutes 2020, section 352B.02, subdivisions 1a, 1c.

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

Nelson, M., introduced:

H. F. No. 4343, A bill for an act relating to retirement; State Patrol retirement plan; eliminating the cap on accruals; amending Minnesota Statutes 2020, sections 352B.011, subdivision 4; 352B.08, subdivision 2; 352B.11, subdivision 1.

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

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Huot introduced:

H. F. No. 4344, A bill for an act relating to the military; allowing exchange of surplus land in city of Rosemount.

The bill was read for the first time and referred to the Committee on Labor, Industry, Veterans and Military Affairs Finance and Policy.

Albright introduced:

H. F. No. 4345, A bill for an act relating to local government; providing additional investment authority for certain self-insurance pools; proposing coding for new law in Minnesota Statutes, chapter 118A.

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

McDonald introduced:

H. F. No. 4346, A bill for an act relating to transportation; appropriating money for road improvements in the city of Annandale.

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

Kiel introduced:

H. F. No. 4347, A bill for an act relating to capital investment; appropriating money for a cargo hangar building at the Thief River Falls Regional Airport; authorizing the sale and issuance of state bonds.

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

Noor introduced:

H. F. No. 4348, A bill for an act relating to health; modifying provisions governing assisted living licensure for small facilities; eliminating restrictions on the scope of practice of licensed practical nurses practicing in assisted living facilities; amending Minnesota Statutes 2020, sections 144.122; 144A.4799; 144G.41, subdivision 2; 144G.45, subdivision 6; 144G.60, subdivision 3; 144G.72, subdivision 4; 144G.9999, subdivision 2; Minnesota Statutes 2021 Supplement, sections 144G.08, subdivision 9; 144G.41, subdivision 1; 144G.45, subdivisions 4, 5; 144G.81, subdivision 3.

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

McDonald introduced:

H. F. No. 4349, A bill for an act relating to health; prohibiting the establishment of COVID-19 vaccine mandate; proposing coding for new law in Minnesota Statutes, chapter 145.

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

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Burkel introduced:

H. F. No. 4350, A bill for an act relating to animal health; modifying qualifications for certain board members; amending Minnesota Statutes 2020, section 35.02, subdivision 2, by adding a subdivision.

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

Noor introduced:

H. F. No. 4351, A bill for an act relating to human services; increasing payment rates for nonemergency medical transportation; amending Minnesota Statutes 2021 Supplement, section 256B.0625, subdivision 17.

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

Kresha introduced:

H. F. No. 4352, A bill for an act relating to aeronautics; making an appropriation for airport courtesy vehicle maintenance and repairs.

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

Schomacker introduced:

H. F. No. 4353, A bill for an act relating to capital investment; appropriating money for capital improvements related to the Lincoln-Pipestone Rural Water System; authorizing the sale and issuance of state bonds.

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

Boldon introduced:

H. F. No. 4354, A bill for an act relating to health care; expanding the health professional education loan forgiveness program to include psychologists who agree to provide clinical services to treat mental health; requiring the commissioner of health to award grants to cover the cost of meeting certain supervision requirements; authorizing supervision requirements for certain licenses to be satisfied through real-time, two-way interactive audio and visual communication; appropriating money; amending Minnesota Statutes 2021 Supplement, section 144.1501, subdivisions 1, 2, 3; Laws 2021, First Special Session chapter 7, article 3, sections 22; 23; 24; proposing coding for new law in Minnesota Statutes, chapters 144; 214.

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

Noor introduced:

H. F. No. 4355, A bill for an act relating to state government; making supplemental appropriations for the Department of Employment and Economic Development, Workers' Compensation Court of Appeals, and Bureau of Mediation Services; modifying Department of Employment and Economic Development policy provisions; replenishing the unemployment insurance trust fund; establishing paid family and medical benefits; establishing

Journal of the House - 79th Day - Thursday, March 17, 2022 - Top of Page 8255

grant programs; amending Minnesota Statutes 2020, sections 13.719, by adding a subdivision; 116J.55, subdivision 6; 116J.552, subdivision 6; 116J.8747; 116J.8770; 116J.993, subdivision 3; 116L.04, subdivision 1a; 116L.17, subdivision 1; 116L.98, subdivisions 2, 3; 177.27, subdivision 4; 181.032; 256J.561, by adding a subdivision; 256J.95, subdivisions 3, 11; 268.19, subdivision 1; Minnesota Statutes 2021 Supplement, section 256P.01, subdivision 3; Laws 2019, First Special Session chapter 7, article 2, section 8, as amended; proposing coding for new law in Minnesota Statutes, chapter 116J; proposing coding for new law as Minnesota Statutes, chapter 268B.

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

Davnie; Hansen, R.; Ecklund; Noor; Jordan; Sandstede and Vang introduced:

H. F. No. 4356, A bill for an act relating to natural resources; creating Minnesota Outdoor Recreation Office; requiring a report; appropriating money; amending Minnesota Statutes 2020, section 15A.0815, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 86A.

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

Anderson and Urdahl introduced:

H. F. No. 4357, A bill for an act relating to capital investment; appropriating money for capital improvements to Central Square Cultural and Civic Center in Glenwood; authorizing the sale and issuance of state bonds.

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

Ecklund; Hansen, R.; Sundin; Sandstede and Lippert introduced:

H. F. No. 4358, A bill for an act relating to veterans; appropriating money to the commissioner of veterans affairs to provide temporary housing options and outreach activities for homeless veterans and former service members.

The bill was read for the first time and referred to the Committee on Labor, Industry, Veterans and Military Affairs Finance and Policy.

Lippert, Her and Wolgamott introduced:

H. F. No. 4359, A bill for an act relating to agriculture; modifying the Minnesota State College and Universities mental health grants appropriation; increasing funding for mental health grants; amending Laws 2021, First Special Session chapter 3, article 1, section 2, subdivision 5.

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

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Becker-Finn, Keeler, Jordan, Hollins and Hansen, R., introduced:

H. F. No. 4360, A bill for an act relating to pipelines; providing for the disposition of abandoned pipelines; requiring a pipeline abandonment plan; amending Minnesota Statutes 2020, section 216G.02, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 216G.

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

Hanson, J., introduced:

H. F. No. 4361, A bill for an act relating to civil marriage; amending marriage record provisions; making technical and clarifying changes; amending Minnesota Statutes 2020, sections 144.2181; 144.226, subdivision 1; 517.08, subdivision 1a; 517.10; Minnesota Statutes 2021 Supplement, section 144.223.

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

Petersburg introduced:

H. F. No. 4362, A bill for an act relating to transit; requiring a cost-benefit analysis for proposed guideways; requiring a report; 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.

Becker-Finn introduced:

H. F. No. 4363, A bill for an act relating to public safety; expanding treatment courts throughout the state to ensure statewide access; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 484.

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

Pelowski, Sandstede, Albright, Hertaus and Marquart introduced:

H. F. No. 4364, A bill for an act relating to higher education; establishing a grant program for postsecondary students preparing to become licensed peace officers in Minnesota; requiring a report; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 136A.

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

Sandstede, Ecklund, Sundin and Pelowski introduced:

H. F. No. 4365, A bill for an act relating to veterans affairs; modifying veterans bonus program provisions; appropriating money; amending Minnesota Statutes 2020, section 197.79, subdivisions 1, 2, 3, 5, 10.

The bill was read for the first time and referred to the Committee on Labor, Industry, Veterans and Military Affairs Finance and Policy.

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Sundin, Vang, Klevorn, Lippert, Ecklund, Lislegard and Sandstede introduced:

H. F. No. 4366, A bill for an act relating to agriculture; establishing cooperative grants for farmers; establishing the grain indemnity fund; making policy and technical changes to agricultural provisions; providing criminal penalties; appropriating money; amending Minnesota Statutes 2020, sections 17.041, subdivision 1; 17.117, subdivisions 9, 9a, 10, 11, 11a; 17.118, subdivisions 1, 3, 4; 41B.047, subdivision 3; 223.17, subdivisions 7, 7a; 223.175; 223.19; 232.22, subdivision 5; Minnesota Statutes 2021 Supplement, section 41A.21, subdivisions 2, 6; Laws 2021, First Special Session chapter 3, article 1, section 2; proposing coding for new law in Minnesota Statutes, chapters 17; 103F; 223; repealing Minnesota Statutes 2020, sections 223.17, subdivisions 4, 8; 232.22, subdivisions 4, 6, 6a, 7.

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

Berg, Reyer, O'Neill, Nash, Youakim and Feist introduced:

H. F. No. 4367, A bill for an act relating to human services; appropriating money for a grant to a nonprofit organization that operates a licensed short- and long-term shelter.

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

Boldon introduced:

H. F. No. 4368, A bill for an act relating to human services; modifying the family assets for independence program; appropriating money; amending Minnesota Statutes 2020, sections 256E.35, subdivisions 1, 2, 4a, 6, 7; 256P.02, by adding a subdivision.

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

Hassan and Jordan introduced:

H. F. No. 4369, A bill for an act relating to substance use disorder recovery; appropriating money for a grant to Niyyah Recovery Initiative.

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

Olson, B., introduced:

H. F. No. 4370, A bill for an act relating to capital investment; appropriating money for clean water and wastewater infrastructure for the city of Alpha; authorizing the issuance of state bonds.

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

Olson, B., introduced:

H. F. No. 4371, A bill for an act relating to capital investment; appropriating money for wastewater, stormwater, and clean water infrastructure in the city of Butterfield; authorizing the sale and issuance of state bonds.

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

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Fischer introduced:

H. F. No. 4372, A bill for an act relating to human services; authorizing grants to create urgency rooms for mental health emergencies; requiring reports; appropriating money.

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

Jordan introduced:

H. F. No. 4373, A bill for an act relating to education finance; authorizing a grant for the Beacons School Success program; requiring a report; appropriating money.

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

Hollins and Agbaje introduced:

H. F. No. 4374, A bill for an act relating to capital investment; appropriating money for housing infrastructure and public housing rehabilitation and preservation; authorizing the sale and issuance of state bonds; amending Minnesota Statutes 2020, section 462A.37, by adding a subdivision; Minnesota Statutes 2021 Supplement, section 462A.37, subdivision 5.

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

Ecklund introduced:

H. F. No. 4375, A bill for an act relating to state government; requiring the commissioner of employment and economic development to prepare and submit an application for federal funds; appropriating money; amending Laws 2021, First Special Session chapter 10, article 1, section 7.

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

Hausman introduced:

H. F. No. 4376, A bill for an act relating to housing; appropriating money for the governor's supplemental housing budget; appropriating money for the Minnesota Housing Finance Agency; appropriating money for the Department of Human Rights to investigate income discrimination in housing; establishing the community stabilization housing program; establishing the strengthening supportive housing model program; modifying eligible uses for loans and grants; amending Minnesota Statutes 2020, sections 462A.201, subdivision 2; 462A.204, subdivision 8; proposing coding for new law in Minnesota Statutes, chapter 462A.

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

Hansen, R., introduced:

H. F. No. 4377, A bill for an act relating to clean water; appropriating money for the reinvest in Minnesota reserve program.

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

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Bierman introduced:

H. F. No. 4378, A bill for an act relating to behavioral health; modifying requirements for children's therapeutic services and supports and certified community behavioral health clinics; amending Minnesota Statutes 2020, section 245A.03, subdivision 2; Minnesota Statutes 2021 Supplement, section 256B.0625, subdivision 5m; proposing coding for new law in Minnesota Statutes, chapter 245I; repealing Minnesota Statutes 2020, section 256B.0943, subdivisions 8, 8a, 10, 12, 13; Minnesota Statutes 2021 Supplement, sections 245.735, subdivisions 3, 5, 6; 256B.0943, subdivisions 1, 2, 3, 4, 5, 5a, 6, 7, 9, 11.

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

Jordan introduced:

H. F. No. 4379, A bill for an act relating to public safety; prohibiting retaliation against peace officers who intercede against or report on use of excessive force; providing for civil remedies; amending Minnesota Statutes 2020, section 626.8452, by adding subdivisions.

The bill was read for the first time and referred to the Committee on Public Safety and Criminal Justice Reform Finance and Policy.

Acomb, Pryor and Elkins introduced:

H. F. No. 4380, A bill for an act relating to capital investment; appropriating money for Opus Public Space in Minnetonka; authorizing the sale and issuance of state bonds.

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

Becker-Finn; Kotyza-Witthuhn; Moller; Olson, L.; Boldon; Reyer; Berg; Feist; Greenman; Keeler; Jordan; Hollins; Klevorn; Frazier; Pryor; Bahner; Hausman and Agbaje introduced:

H. F. No. 4381, A bill for an act relating to public safety; requiring the safe storage of firearms and ammunition; requiring a locking device to be included in each firearm transfer; imposing criminal penalties; proposing coding for new law in Minnesota Statutes, chapter 624; repealing Minnesota Statutes 2020, section 609.666.

The bill was read for the first time and referred to the Committee on Public Safety and Criminal Justice Reform Finance and Policy.

Gomez introduced:

H. F. No. 4382, A bill for an act relating to taxation; individual income; eliminating the itemized deduction for mortgage interest; amending Minnesota Statutes 2020, section 290.0122, subdivision 5.

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

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Gomez introduced:

H. F. No. 4383, A bill for an act relating to taxation; sales and use; eliminating the exemption on the sale of racehorses; amending Minnesota Statutes 2020, section 297A.69, subdivision 6.

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

Gomez introduced:

H. F. No. 4384, A bill for an act relating to civil actions; authorizing a civil cause of action for the nonconsensual removal of a condom; providing penalties; proposing coding for new law in Minnesota Statutes, chapter 604.

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

Gomez introduced:

H. F. No. 4385, A bill for an act relating to taxation; sales and use; repealing the exemption on the sale of suite licenses; repealing Minnesota Statutes 2020, section 297A.67, subdivision 35.

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

Gomez introduced:

H. F. No. 4386, A bill for an act relating to taxation; property; repealing the Minnesota Open Space Property Tax Law; repealing Minnesota Statutes 2020, section 273.112, subdivisions 1, 2, 3, 4, 4a, 5, 6, 6a, 7, 7a, 8, 10.

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

Gomez introduced:

H. F. No. 4387, A bill for an act relating to health; modifying provisions governing medical cannabis manufacturer registration and registration renewal; amending Minnesota Statutes 2020, sections 152.25, subdivision 1; 152.35.

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

Grossell introduced:

H. F. No. 4388, A bill for an act relating to taxation; lodging; allowing Lake of the Woods County to impose a local lodging tax for certain purposes.

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

Mekeland introduced:

H. F. No. 4389, A bill for an act relating to energy; modifying the prohibition on construction of new nuclear‑powered electric generating plants; amending Minnesota Statutes 2020, section 216B.243, subdivision 3b.

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

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Masin introduced:

H. F. No. 4390, A bill for an act relating to cosmetology; modifying Board of Cosmetologist Examiners provisions; amending Minnesota Statutes 2020, sections 155A.20; 155A.23, subdivisions 8, 11, 18, by adding a subdivision; 155A.25, subdivision 1a; 155A.27, subdivisions 1, 5a, 6, 10, by adding a subdivision; 155A.271, subdivision 1; 155A.29, subdivision 1; 155A.30, subdivisions 2, 3, 4, 11.

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

Hollins; Xiong, J., and Thompson introduced:

H. F. No. 4391, A bill for an act relating to legacy; appropriating arts and cultural heritage fund money for East Side Freedom Library Artist Working Group.

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

Hollins; Xiong, J., and Thompson introduced:

H. F. No. 4392, A bill for an act relating to state government; appropriating money to the East Side Freedom Library.

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

Hollins introduced:

H. F. No. 4393, A bill for an act relating to energy; directing the Public Utilities Commission to issue an order; requiring utilities to install an energy storage system under certain conditions; directing public utilities to file a tariff with the Public Utilities Commission; requiring the Public Utilities Commission to order the installation of energy storage systems; requiring public utilities to file a plan to install energy storage systems; establishing an incentive program to install energy storage systems; appropriating money; amending Minnesota Statutes 2020, sections 216B.1611, by adding a subdivision; 216B.2422, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 216B; 216C.

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

Kotyza-Witthuhn introduced:

H. F. No. 4394, A bill for an act relating to commerce; modifying regulation of annuity suitability; amending Minnesota Statutes 2020, sections 72A.2031, subdivisions 8, 10, by adding subdivisions; 72A.2032, subdivisions 4, 6, 7, 8, by adding subdivisions; 72A.2033; 72A.2034; 72A.2035, subdivision 1; 72A.2036; repealing Minnesota Statutes 2020, sections 72A.2031, subdivisions 3, 9, 11; 72A.2032, subdivisions 1, 2, 3, 5.

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

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Frederick introduced:

H. F. No. 4395, A bill for an act relating to commerce; requiring sales reporting for intermediate blends of gasoline and biofuel; amending Minnesota Statutes 2020, section 239.791, subdivision 8.

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

Stephenson introduced:

H. F. No. 4396, A bill for an act relating to taxation; property; modifying the disabled veterans market value exclusion by increasing exclusion amount for totally and permanently disabled veterans; 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.

Pinto and Her introduced:

H. F. No. 4397, A bill for an act relating to public safety; establishing youth justice services grants; 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.

Liebling introduced:

H. F. No. 4398, A bill for an act relating to state government; appropriating money for the Department of Health and the Board of Dietetics and Nutrition Practice; amending certain health provisions for health care spending, health plan companies, balanced billing, rural health care, health care providers, suicide prevention, AIDS prevention, community health workers, health disparities, and long-term care facilities; establishing certain fees and surcharges, health professional education and loan forgiveness, and prescription drugs; requiring compliance with federal No Surprises Act; establishing Advisory Council on Water Supply Systems and Wastewater Treatment Facilities, Sentinel Event Review Committee, Law-Enforcement-Involved Deadly Force Encounter Community Advisory Committee, Long COVID Surveillance System, Mercury Surveillance System, and Healthy Beginnings, Healthy Families Act; establishing grants for health professions training sites, primary rural residency training, clinical health care training, drug overdose and substance abuse prevention, climate resiliency, healthy child development, lead remediation, community healing, chronic disease prevention and health disparities, public health education, public health Americorps, Minnesota School Health Initiative, and skin-lightening products public awareness and education; requiring reports; amending Minnesota Statutes 2020, sections 62J.84, subdivisions 2, 7, 8, by adding subdivisions; 62Q.021, by adding a subdivision; 62Q.55, subdivision 5; 62Q.556; 62Q.56, subdivision 2; 62Q.73, subdivision 7; 144.122; 144.1501, as amended; 144.1505, subdivision 2; 144.383; 144.554; 145.56, by adding subdivisions; 145.924; 403.161, subdivisions 1, 3, 5, 6; Minnesota Statutes 2021 Supplement, sections 62J.84, subdivisions 6, 9; 403.11, subdivision 1; Laws 2021, First Special Session chapter 7, article 3, section 44; proposing coding for new law in Minnesota Statutes, chapters 62J; 115; 144; 145.

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

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Sandstede and Ecklund introduced:

H. F. No. 4399, A bill for an act relating to taxation; county program aid; increasing aid appropriation; amending Minnesota Statutes 2021 Supplement, section 477A.03, subdivision 2b.

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

Becker-Finn introduced:

H. F. No. 4400, A bill for an act relating to taxation; property; extending property tax exemption for certain property owned by an Indian tribe; amending Minnesota Statutes 2020, section 272.02, subdivision 98.

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

Grossell introduced:

H. F. No. 4401, A bill for an act relating to higher education; establishing a grant program for students pursuing law enforcement degree; proposing coding for new law in Minnesota Statutes, chapter 136A.

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

Long introduced:

H. F. No. 4402, A bill for an act relating to energy; extending the solar energy production incentive program; establishing an energy storage incentive program; appropriating money; amending Minnesota Statutes 2021 Supplement, section 116C.7792; 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.

Reyer introduced:

H. F. No. 4403, A bill for an act relating to health; establishing a critical access dental infrastructure program; appropriating money.

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

Reyer; Acomb; Long; Noor; Lee; Boldon; Xiong, J.; Christensen; Olson, L.; Wazlawik; Bahner; Hausman; Edelson; Ecklund; Davnie; Howard; Pryor; Hornstein; Feist; Jordan; Richardson; Hollins and Berg introduced:

H. F. No. 4404, A bill for an act relating to solar energy; establishing a program to award grants for the installation of solar energy generating systems on public buildings; requiring a report; 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.

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Hausman introduced:

H. F. No. 4405, A bill for an act relating to housing; authorizing the use of housing infrastructure bonds to finance affordable housing projects with mixed levels of affordability; amending Minnesota Statutes 2020, section 462A.37, subdivision 2.

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

Hollins introduced:

H. F. No. 4406, A bill for an act relating to legislative enactments; making miscellaneous technical corrections to laws and statutes; correcting erroneous, obsolete, and omitted text and references; removing redundant, conflicting, and superseded provisions; amending Minnesota Statutes 2020, sections 12.27, subdivision 3; 12.381, subdivision 1; 12.61, subdivision 1; 12A.07, subdivision 2; 13.3805, subdivision 3; 13.3806, subdivision 6; 13.381, by adding a subdivision; 13.46, subdivision 2; 13.461, by adding a subdivision; 13.4963, subdivision 14; 13.7191, subdivision 14b, by adding a subdivision; 13.785, by adding a subdivision; 13.7905, by adding a subdivision; 13.7908, subdivision 2; 13.82, subdivision 8; 13.851, by adding a subdivision; 13.871, subdivisions 5, 6; 28A.06; 43A.15, subdivision 14; 62U.06, subdivision 2; 62W.09, subdivision 1; 84.0285; 84.87, subdivision 1; 88.16, subdivision 2; 103F.211, subdivision 2; 116B.11, subdivision 1; 121A.031, subdivisions 2, 3, 5; 122A.09, subdivision 7; 122A.40, subdivision 13; 122A.41, subdivision 6; 123B.61; 123B.62; 123B.88, subdivision 1; 124D.454, subdivision 12; 126C.65, subdivision 4; 129D.02, subdivision 5; 147A.01, subdivision 23; 147B.02, subdivision 7; 148.56, subdivision 1; 148.6443, subdivision 3; 148E.105, subdivision 3; 148E.120, subdivision 1; 151.37, subdivision 12; 151.74, subdivision 6; 161.242, subdivision 2; 161.3203, subdivision 4; 162.06, subdivision 5; 162.08, subdivision 4; 163.051, subdivision 1; 168.101, subdivision 1; 168.27, subdivisions 11, 12; 168.63, subdivision 5; 168A.07, subdivision 3; 168B.055; 168D.01, subdivision 4; 168D.02, subdivision 1; 169.06, subdivisions 1, 4a; 169.09, subdivision 5; 169.20, subdivision 5b; 169.305, subdivision 3; 169.34, subdivision 2; 169.42, subdivision 5; 169.468, subdivision 4; 169.541, subdivision 2; 169.57, subdivision 2; 169.792, subdivisions 7, 11; 169.801, subdivision 2; 169.824, subdivision 1; 169.851, subdivision 3; 169.86, subdivisions 1, 5; 169.871, subdivision 1b; 169.965, subdivision 2; 169.966, subdivision 2; 171.01, subdivisions 28, 29, 30, 31, 32, 39, 42, 43, 45, 48, 50; 171.168, subdivisions 1, 3; 171.177, subdivision 8; 171.2405, subdivision 2; 171.26, subdivision 1; 171.30, subdivisions 2a, 5; 171.306, subdivision 5; 174.185, subdivision 2; 174.186, subdivision 2; 174.257, subdivisions 1, 4; 174.30, subdivision 3; 174.82; 176.101, subdivision 4; 179A.03, subdivisions 2, 5; 179A.04, subdivision 1; 219.074, subdivisions 2, 3; 219.50; 221.031, subdivision 8; 221.0314, subdivision 10; 221.033, subdivision 1; 221.0341; 221.132; 221.141, subdivisions 1b, 1c; 221.605, subdivisions 1, 3; 222.50, subdivision 7; 222.56, subdivision 4; 222.58, subdivision 5; 245C.04, subdivision 1; 252.291, subdivision 1; 256B.0625, subdivision 18e; 256B.0947, subdivision 7a; 256B.4912, subdivisions 1a, 11; 256B.69, subdivision 21; 256R.02, subdivision 19; 275.70, subdivision 5; 290.0122, subdivision 9; 297A.75, subdivision 5; 297A.94; 297B.035, subdivision 3; 297B.12; 298.294; 299F.05, subdivision 2; 299F.19, subdivision 2; 299F.40, subdivision 2; 299F.72, subdivision 1a; 299N.02, subdivision 1; 304A.102, subdivision 3; 327C.01, subdivisions 1c, 13; 352F.04, subdivision 2; 353G.08, subdivision 1; 354.35, subdivision 1; 357.18, subdivision 5; 360.065, subdivision 1; 360.075, subdivision 1; 360.305, subdivisions 2, 4; 360.511, subdivision 1; 360.531, subdivisions 1, 8; 360.54; 360.55, subdivisions 1, 3; 360.60, subdivision 1; 360.61, subdivision 2; 360.62; 360.83, subdivisions 3, 5; 360.84; 383B.063; 403.02, subdivision 20a; 403.05, subdivision 2; 403.07, subdivision 3; 403.32, subdivision 2; 403.39, subdivision 3; 444.075, subdivision 1; 462A.03, subdivision 13; 462A.07, subdivisions 9, 10, 14; 462A.21, subdivision 4a; 477A.017, subdivision 3; 524.5-118, subdivision 1; 546.10; Minnesota Statutes 2021 Supplement, sections 16B.86; 60A.985, subdivision 13; 116.07, subdivision 7; 136A.91, subdivision 2; 144.0724, subdivision 12; 144F.01, subdivision 2; 169.8665, subdivision 3; 171.20, subdivision 4; 174.30, subdivision 1; 256B.0371, subdivision 4; 256B.0625, subdivision 17; 256B.0943, subdivision 5a; 256B.25, subdivision 3; 256B.69, subdivision 6g; 340A.504, subdivision 7; 383B.041, subdivision 3; 504B.206, subdivision 6; Laws 2021, First Special Session

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chapter 13, article 3, section 8, subdivision 3; repealing Minnesota Statutes 2020, sections 13.381, subdivision 7; 13.411, subdivisions 4, 5; 13.712, subdivision 5; 93.58; 97A.056, subdivision 7; 116J.9661; 149A.40, subdivision 2; 161.203; 173.18; 174.03, subdivision 6a; 245.4662, subdivision 4; 256B.0625, subdivisions 18c, 18d; 256R.49; 297A.71, subdivision 49; 473.5955; Minnesota Rules, part 4764.0020, subpart 36.

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

Hansen, R., introduced:

H. F. No. 4407, A bill for an act relating to natural resources; modifying due date for certain reports; modifying provisions for snowmobile registration; modifying state trail provisions; modifying state park reservation policies; modifying when payment due for timber permits; expanding use of lands enrolled in walk-in access program; modifying provisions to issue special permits to use motorized vehicles in wildlife management areas; modifying requirements for resident licenses; modifying firearm provisions; establishing blaze orange or blaze pink requirements for ground blinds; authorizing nonlethal hazing of deer and elk causing damage to crops; allowing angling with two lines in certain areas; requiring rulemaking; amending Minnesota Statutes 2020, sections 84.027, subdivision 14a; 84.82, subdivision 2, by adding a subdivision; 84.821, subdivision 2; 84.86, subdivision 1; 85.015, subdivision 10; 90.181, subdivision 2; 97A.015, subdivision 51; 97A.126, as amended; 97A.137, subdivision 3; 97A.405, subdivision 5; 97B.031, subdivision 1, by adding a subdivision; 97B.071; 97B.668; 97C.315, subdivision 1; Minnesota Statutes 2021 Supplement, section 85.052, subdivision 6; repealing Minnesota Statutes 2020, section 97B.318; Minnesota Rules, parts 6100.5000, subparts 3, 4, 5; 6100.5700, subpart 4.

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

Hansen, R., introduced:

H. F. No. 4408, A bill for an act relating to environment; modifying requirements to notify of water pollution; amending Minnesota Statutes 2020, section 115.061.

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

Grossell introduced:

H. F. No. 4409, A bill for an act relating to local taxes; authorizing the city of Park Rapids to impose a local sales and use tax.

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

Christensen introduced:

H. F. No. 4410, A bill for an act relating to capital investment; appropriating money for downtown riverfront park improvements in the city of Stillwater; authorizing the sale and issuance of state bonds.

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

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Howard and Stephenson introduced:

H. F. No. 4411, A bill for an act relating to taxation; property; modifying class 4d class rate, requiring municipal approval; authorizing transition aid; appropriating money; amending Minnesota Statutes 2020, section 273.128, subdivision 2, by adding a subdivision; Minnesota Statutes 2021 Supplement, section 273.13, subdivision 25.

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

Kiel introduced:

H. F. No. 4412, A bill for an act relating to traffic regulations; establishing a special permit for hauling sugar beets; 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.

Green introduced:

H. F. No. 4413, A bill for an act relating to taxation; property; modifying declaration requirements for class 1c property; amending Minnesota Statutes 2020, section 273.13, subdivision 22.

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

Green, Akland, Lucero and Kiel introduced:

H. F. No. 4414, A bill for an act relating to local government; creating a cause of action for judicial boundary determinations after the altering of a boundary line by a county; requiring every county to assess, preserve, and restore United States public land survey monuments by December 31, 2025; proposing coding for new law in Minnesota Statutes, chapters 508; 559.

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

Wolgamott introduced:

H. F. No. 4415, A bill for an act relating to higher education; establishing an allied health technician scholarship program; requiring a report; appropriating money.

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

Schomacker introduced:

H. F. No. 4416, A bill for an act relating to natural resources; facilitating safe travel on County State-Aid Highway 113 in Murray County.

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

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Schomacker introduced:

H. F. No. 4417, A bill for an act relating to capital investment; appropriating money for a child care center in the city of Luverne; authorizing the sale and issuance of state bonds.

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

Pryor introduced:

H. F. No. 4418, A bill for an act relating to early childhood; requiring the commissioner of human services to develop a cost estimation model for early care and learning programs and a child care provider wage scale; requiring reports; appropriating money.

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

Pryor introduced:

H. F. No. 4419, A bill for an act relating to child care; modifying eligibility requirements for grants to child care providers; appropriating money; amending Minnesota Statutes 2021 Supplement, section 119B.195, subdivision 4.

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

Bliss introduced:

H. F. No. 4420, A bill for an act relating to liquor; modifying certain on-sale license provisions; amending Minnesota Statutes 2020, section 340A.404, subdivisions 1, 1a, 6.

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

Murphy introduced:

H. F. No. 4421, A bill for an act relating to capital investment; appropriating money for the library construction grant program; authorizing the sale and issuance of state bonds.

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

Sandstede and Sundin introduced:

H. F. No. 4422, A bill for an act relating to taxation; sales and use; providing an exemption for fiber and conduit used in broadband and Internet access services; appropriating money; amending Minnesota Statutes 2020, section 297A.68, by adding a subdivision.

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

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Sandstede, Ecklund and Sundin introduced:

H. F. No. 4423, A bill for an act relating to natural resources; appropriating money for the Canisteo Flood Mitigation Project to mitigate threats to public safety, property, and regional water quality.

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

Sandstede, Sundin and Ecklund introduced:

H. F. No. 4424, A bill for an act relating to education finance; increasing the consolidation transition aid for consolidating school districts; appropriating money; amending Minnesota Statutes 2020, section 123A.485, subdivision 2; Laws 2021, First Special Session chapter 13, article 1, section 10, subdivision 5.

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

Huot introduced:

H. F. No. 4425, A bill for an act relating to public safety; appropriating money for grants to law enforcement agencies to establish community-based public safety programs for high school students to mentor students and provide education and encouragement regarding career opportunities in law enforcement.

The bill was read for the first time and referred to the Committee on Public Safety and Criminal Justice Reform Finance and Policy.

Long introduced:

H. F. No. 4426, A bill for an act relating to judiciary; raising the age at which a child may be permitted to testify outside the courtroom from under 12 to under 18; amending Minnesota Statutes 2020, section 595.02, subdivision 4.

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

Feist, Gomez, Keeler, Hassan, Lee, Jordan, Greenman, Noor, Hornstein and Davnie introduced:

H. F. No. 4427, A bill for an act relating to human services; appropriating money for persons experiencing homelessness in Hennepin County.

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

Jordan and Hansen, R., introduced:

H. F. No. 4428, A bill for an act relating to natural resources; increasing per diems for certain boards, councils, and commissions; amending Minnesota Statutes 2020, sections 85.536, subdivision 2; 85A.01, subdivision 1; 89A.03, subdivision 5; 97A.056, subdivision 2; 103B.101, subdivision 2; 114D.30, subdivision 4; 116C.03, subdivision 2a; 116P.05, subdivision 1.

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

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MESSAGES FROM THE SENATE

The following message was received from the Senate:

Madam Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:

H. F. No. 3035, A bill for an act relating to transit; requiring the legislative auditor to conduct a special review or program evaluation of the Southwest light rail transit project; requiring the Metropolitan Council to provide updates; appropriating money.

Cal R. Ludeman, Secretary of the Senate

CONCURRENCE AND REPASSAGE

Hornstein moved that the House concur in the Senate amendments to H. F. No. 3035 and that the bill be repassed as amended by the Senate. The motion prevailed.

The bill was read for the third time, as amended by the Senate, and placed upon its repassage.

The question was taken on the repassage of the bill and the roll was called. There were 132 yeas and 1 nay as follows:

Those who voted in the affirmative were: