Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 895

 

 

STATE OF MINNESOTA

 

 

NINETY-THIRD SESSION - 2023

 

_____________________

 

TWENTY-THIRD DAY

 

Saint Paul, Minnesota, Thursday, February 16, 2023

 

 

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

 

      Prayer was offered by the Reverend Sarah Campbell, Mayflower United Church of Christ, Minneapolis, Minnesota.

 

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

 

      The Speaker called Wolgamott to the Chair.

 

      The roll was called and the following members were present:

 


Acomb

Agbaje

Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Bahner

Baker

Becker-Finn

Bennett

Berg

Bierman

Bliss

Brand

Burkel

Carroll

Cha

Clardy

Coulter

Curran

Daniels

Daudt

Davids

Demuth

Dotseth

Edelson

Elkins

Engen

Feist

Finke

Fischer

Franson

Frazier

Frederick

Freiberg

Garofalo

Gillman

Gomez

Greenman

Grossell

Hansen, R.

Hanson, J.

Harder

Hassan

Heintzeman

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Hudella

Hudson

Huot

Hussein

Igo

Jacob

Johnson

Jordan

Joy

Keeler

Kiel

Klevorn

Knudsen

Koegel

Kotyza-Witthuhn

Kozlowski

Koznick

Kraft

Kresha

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Mekeland

Moller

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, M.

Nelson, N.

Newton

Niska

Noor

Norris

Novotny

O'Driscoll

Olson, B.

Olson, L.

O'Neill

Pelowski

Pérez-Vega

Perryman

Petersburg

Pfarr

Pinto

Pryor

Pursell

Quam

Rehm

Reyer

Richardson

Robbins

Schomacker

Schultz

Scott

Sencer-Mura

Skraba

Smith

Stephenson

Tabke

Torkelson

Urdahl

Vang

Wiener

Wiens

Witte

Wolgamott

Xiong

Youakim

Zeleznikar

Spk. Hortman


 

      A quorum was present.

 

      Bakeberg, Davis, Fogelman, McDonald, Neu Brindley, Swedzinski and West were excused.

 

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


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 896

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Moller from the Committee on Public Safety Finance and Policy to which was referred:

 

H. F. No. 226, A bill for an act relating to public safety; establishing prosecutor-initiated sentence adjustments; reporting on sentencing; amending Minnesota Statutes 2022, section 244.09, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 609.

 

Reported the same back with the following amendments:

 

Page 1, line 18, before "The" insert "(a)"

 

Page 1, after line 22, insert:

 

"(b) Beginning on August 1, 2023, the authorization under paragraph (a) applies to the county attorney and any assistant county attorney in the following counties:

 

(1) Anoka County;

 

(2) Hennepin County;

 

(3) Norman County;

 

(4) Olmsted County;

 

(5) Ramsey County;

 

(6) Todd County; and

 

(7) Winona County.

 

(c) Beginning on August 1, 2026, the authorization under paragraph (a) applies to any prosecutor responsible for the prosecution of an individual convicted of a crime."

 

Page 2, line 8, after the period, insert "Inaction by a prosecutor shall not be considered by any court as grounds for an offender, a supervising agent, or the commissioner of corrections to petition for a sentence adjustment under this section or for a court to adjust a sentence without a petition."

 

Page 2, line 9, after "A" insert "prosecutor's"

 

Page 4, line 24, after "determines" insert "by a preponderance of the evidence that factors exist to support a sentence adjustment and that those factors support the conclusion"

 

 

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.


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 897

Newton from the Committee on Veterans and Military Affairs Finance and Policy to which was referred:

 

H. F. No. 236, A bill for an act relating to taxation; property; increasing the market value exclusion for disabled veterans; amending Minnesota Statutes 2022, section 273.13, subdivision 34.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2022, section 273.13, subdivision 34, is amended to read:

 

Subd. 34.  Homestead of veteran with a disability or family caregiver.  (a) All or a portion of the market value of property owned by a veteran and serving as the veteran's homestead under this section is excluded in determining the property's taxable market value if the veteran has a service-connected disability of 70 percent or more as certified by the United States Department of Veterans Affairs.  To qualify for exclusion under this subdivision, the veteran must have been honorably discharged from the United States armed forces, as indicated by United States Government Form DD214 or other official military discharge papers.

 

(b)(1) For a disability rating of 70 percent or more, $150,000 the amount of market value is excluded is the exclusion base amount in clause (3) multiplied by the disability rating percentage, except as provided in clause (2); and

 

(2) for a total (100 percent) and permanent disability, $300,000 the amount of market value is excluded. is the exclusion base amount in clause (3); and

 

(3) for the purposes of this paragraph, the exclusion base amount for assessment year 2023 is $400,000.  For assessment year 2024 and thereafter, the exclusion base amount is adjusted annually by multiplying the exclusion base amount for the prior year by the sum of one plus the rate of increase, if any, in the implicit price deflator for government consumption expenditures and gross investment for state and local governments prepared by the Bureau of Economic Analysts of the United States Department of Commerce for the 12-month period ending March 31 of the prior assessment year.

 

(c) If a veteran with a disability qualifying for a valuation exclusion under paragraph (b), clause (2), predeceases the veteran's spouse, and if upon the death of the veteran the spouse holds the legal or beneficial title to the homestead and permanently resides there, the exclusion shall carry over to the benefit of the veteran's spouse until such time as the spouse remarries, or sells, transfers, or otherwise disposes of the property, except as otherwise provided in paragraph (n).  Qualification under this paragraph requires an application under paragraph (h), and a spouse must notify the assessor if there is a change in the spouse's marital status, ownership of the property, or use of the property as a permanent residence.

 

(d) If the spouse of a member of any branch or unit of the United States armed forces who dies due to a service‑connected cause while serving honorably in active service, as indicated on United States Government Form DD1300 or DD2064, holds the legal or beneficial title to a homestead and permanently resides there, the spouse is entitled to the benefit described in paragraph (b), clause (2), until such time as the spouse remarries or sells, transfers, or otherwise disposes of the property, except as otherwise provided in paragraph (n).

 

(e) If a veteran meets the disability criteria of paragraph (a) but does not own property classified as homestead in the state of Minnesota, then the homestead of the veteran's primary family caregiver, if any, is eligible for the exclusion that the veteran would otherwise qualify for under paragraph (b).

 

(f) In the case of an agricultural homestead, only the portion of the property consisting of the house and garage and immediately surrounding one acre of land qualifies for the valuation exclusion under this subdivision.


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 898

(g) A property qualifying for a valuation exclusion under this subdivision is not eligible for the market value exclusion under subdivision 35, or classification under subdivision 22, paragraph (b).

 

(h) To qualify for a valuation exclusion under this subdivision a property owner must apply to the assessor by December 31 of the first assessment year for which the exclusion is sought.  Except as provided in paragraph (c), the owner of a property that has been accepted for a valuation exclusion must notify the assessor if there is a change in ownership of the property or in the use of the property as a homestead.

 

(i) A first-time application by a qualifying spouse for the market value exclusion under paragraph (d) must be made any time within two years of may be filed any time after the death of the service member.  A qualifying spouse whose application was previously denied may reapply pursuant to this paragraph for the exclusion to begin in the current assessment year.

 

(j) For purposes of this subdivision:

 

(1) "active service" has the meaning given in section 190.05;

 

(2) "own" means that the person's name is present as an owner on the property deed;

 

(3) "primary family caregiver" means a person who is approved by the secretary of the United States Department of Veterans Affairs for assistance as the primary provider of personal care services for an eligible veteran under the Program of Comprehensive Assistance for Family Caregivers, codified as United States Code, title 38, section 1720G; and

 

(4) "veteran" has the meaning given the term in section 197.447.

 

(k) If a veteran dying after December 31, 2011, did not apply for or receive the exclusion under paragraph (b), clause (2), before dying, or the exclusion under paragraph (b), clause (2), did not exist at the time of the veterans death, the veteran's spouse is entitled to the benefit under paragraph (b), clause (2), until the spouse remarries or sells, transfers, or otherwise disposes of the property, except as otherwise provided in paragraph (n), if:

 

(1) the spouse files a first-time application within two years of the death of the service member or by June 1, 2019, whichever is later;

 

(2) upon the death of the veteran, the spouse holds the legal or beneficial title to the homestead and permanently resides there;

 

(3) the veteran met the honorable discharge requirements of paragraph (a); and

 

(4) the United States Department of Veterans Affairs certifies that:

 

(i) the veteran met the total (100 percent) and permanent disability requirement under paragraph (b), clause (2); or

 

(ii) the spouse has been awarded dependency and indemnity compensation.

 

A qualifying spouse whose application was previously denied may reapply, pursuant to this paragraph, for the exclusion to begin in the current assessment year.

 

(l) The purpose of this provision of law providing a level of homestead property tax relief for veterans with a disability, their primary family caregivers, and their surviving spouses is to help ease the burdens of war for those among our state's citizens who bear those burdens most heavily.


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 899

(m) By July 1, the county veterans service officer must certify the disability rating and permanent address of each veteran receiving the benefit under paragraph (b) to the assessor.

 

(n) A spouse who received the benefit in paragraph (c), (d), or (k) but no longer holds the legal or beneficial title to the property may continue to receive the exclusion for a property other than the property for which the exclusion was initially granted until the spouse remarries or sells, transfers, or otherwise disposes of the property, provided that:

 

(1) the spouse applies under paragraph (h) for the continuation of the exclusion allowed under this paragraph;

 

(2) the spouse holds the legal or beneficial title to the property for which the continuation of the exclusion is sought under this paragraph, and permanently resides there;

 

(3) the estimated market value of the property for which the exclusion is sought under this paragraph is less than or equal to the estimated market value of the property that first received the exclusion, based on the value of each property on the date of the sale of the property that first received the exclusion; and

 

(4) the spouse has not previously received the benefit under this paragraph for a property other than the property for which the exclusion is sought.

 

(o) If a spouse had previously qualified under paragraph (c) or (d) and the exclusion expired prior to taxes payable in 2020, the spouse may reapply under paragraph (h) for the exclusion under paragraph (c) or (d).

 

EFFECTIVE DATE.  This section is effective for assessment year 2023 and thereafter."

 

 

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

 

      The report was adopted.

 

 

Klevorn from the Committee on State and Local Government Finance and Policy to which was referred:

 

H. F. No. 800, A bill for an act relating to state government; ratifying certain labor agreements and memorandums of understanding.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 1000, A bill for an act relating to environment; prohibiting PFAS in certain products; requiring disclosure; authorizing rulemaking; proposing coding for new law in Minnesota Statutes, chapter 116.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  [116.943] PRODUCTS CONTAINING PFAS.

 

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


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 900

(b) "Adult mattress" means a mattress other than a crib mattress or toddler mattress.

 

(c) "Air care product" means a chemically formulated consumer product labeled to indicate that the purpose of the product is to enhance or condition the indoor environment by eliminating odors or freshening the air.

 

(d) "Automotive maintenance product" means a chemically formulated consumer product labeled to indicate that the purpose of the product is to maintain the appearance of a motor vehicle, including products for washing, waxing, polishing, cleaning, or treating the exterior or interior surfaces of motor vehicles.  Automotive maintenance product does not include automotive paint or paint repair products.

 

(e) "Carpet or rug" means a fabric marketed or intended for use as a floor covering.

 

(f) "Cleaning product" means a finished product used primarily for domestic, commercial, or institutional cleaning purposes, including but not limited to an air care product, an automotive maintenance product, a general cleaning product, or a polish or floor maintenance product.

 

(g) "Commissioner" means the commissioner of the Pollution Control Agency.

 

(h) "Cookware" means durable houseware items used to prepare, dispense, or store food, foodstuffs, or beverages.  Cookware includes but is not limited to pots, pans, skillets, grills, baking sheets, baking molds, trays, bowls, and cooking utensils.

 

(i) "Cosmetic" means articles, excluding soap:

 

(1) intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for the purpose of cleansing, beautifying, promoting attractiveness, or altering the appearance; and

 

(2) intended for use as a component of any such article.

 

(j) "Currently unavoidable use" means a use of PFAS that the commissioner has determined by rule under this section to be essential for health, safety, or the functioning of society and for which alternatives are not reasonably available.

 

(k) "Fabric treatment" means a substance applied to fabric to give the fabric one or more characteristics, including but not limited to stain resistance or water resistance.

 

(l) "Intentionally added" means PFAS deliberately added during the manufacture of a product where the continued presence of PFAS is desired in the final product or one of the product's components to perform a specific function.

 

(m) "Juvenile product" means a product designed or marketed for use by infants and children under 12 years of age:

 

(1) including but not limited to a baby or toddler foam pillow; bassinet; bedside sleeper; booster seat; changing pad; child restraint system for use in motor vehicles and aircraft; co-sleeper; crib mattress; highchair; highchair pad; infant bouncer; infant carrier; infant seat; infant sleep positioner; infant swing; infant travel bed; infant walker; nap cot; nursing pad; nursing pillow; play mat; playpen; play yard; polyurethane foam mat, pad, or pillow; portable foam nap mat; portable infant sleeper; portable hook-on chair; soft-sided portable crib; stroller; and toddler mattress; and

 

(2) not including a children's electronic product such as a personal computer, audio and video equipment, calculator, wireless phone, game console, handheld device incorporating a video screen, or any associated peripheral such as a mouse, keyboard, power supply unit, or power cord; a medical device; or an adult mattress.


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 901

(n) "Manufacturer" means the person that creates or produces a product or whose brand name is affixed to the product.  In the case of a product imported into the United States, manufacturer includes the importer or first domestic distributor of the product if the person that manufactured or assembled the product or whose brand name is affixed to the product does not have a presence in the United States.

 

(o) "Medical device" has the meaning given "device" under United States Code, title 21, section 321, subsection (h).

 

(p) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

 

(q) "Product" means an item manufactured, assembled, packaged, or otherwise prepared for sale to consumers, including but not limited to its product components, sold or distributed for personal, residential, commercial, or industrial use, including for use in making other products.

 

(r) "Product component" means an identifiable component of a product, regardless of whether the manufacturer of the product is the manufacturer of the component.

 

(s) "Ski wax" means a lubricant applied to the bottom of snow runners, including but not limited to skis and snowboards, to improve their grip or glide properties.  Ski wax includes related tuning products.

 

(t) "Textile" means an item made in whole or part from a natural or synthetic fiber, yarn, or fabric.  Textile includes but is not limited to leather, cotton, silk, jute, hemp, wool, viscose, nylon, and polyester.

 

(u) "Textile furnishings" means textile goods of a type customarily used in households and businesses, including but not limited to draperies, floor coverings, furnishings, bedding, towels, and tablecloths.

 

(v) "Upholstered furniture" means an article of furniture that is designed to be used for sitting, resting, or reclining and that is wholly or partly stuffed or filled with any filling material.

 

Subd. 2.  Information required.  (a) On or before January 1, 2026, a manufacturer of a product sold, offered for sale, or distributed in the state that contains intentionally added PFAS must submit to the commissioner information that includes:

 

(1) a brief description of the product, including a universal product code (UPC), stock keeping unit (SKU), or other numeric code assigned to the product;

 

(2) the purpose for which PFAS are used in the product, including in any product components;

 

(3) the amount of each PFAS, identified by its chemical abstracts service registry number, in the product, reported as an exact quantity determined using commercially available analytical methods or as falling within a range approved for reporting purposes by the commissioner;

 

(4) the name and address of the manufacturer and the name, address, and phone number of a contact person for the manufacturer; and

 

(5) any additional information requested by the commissioner as necessary to implement the requirements of this section.

 

(b) With the approval of the commissioner, a manufacturer may supply the information required in paragraph (a) for a category or type of product rather than for each individual product.


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 902

(c) A manufacturer must submit the information required under this subdivision whenever a new product is sold, offered for sale, or distributed in the state and update and revise the information whenever there is significant change in the information or when requested to do so by the commissioner.

 

(d) A person may not sell, offer for sale, or distribute for sale in the state a product containing intentionally added PFAS if the manufacturer has failed to provide the information required under this subdivision and the person has received notification under subdivision 4.

 

Subd. 3.  Information requirement waivers; extensions.  (a) The commissioner may waive all or part of the information requirement under subdivision 2 if the commissioner determines that substantially equivalent information is already publicly available. 

 

(b) The commissioner may enter into an agreement with one or more other states or political subdivisions of a state to collect information and may accept information to a shared system as meeting the information requirement under subdivision 2. 

 

(c) The commissioner may extend the deadline for submission by a manufacturer of the information required under subdivision 2 if the commissioner determines that more time is needed by the manufacturer to comply with the submission requirement.

 

(d) The commissioner may grant a waiver under this subdivision to a manufacturer or a group of manufacturers for multiple products or a product category.

 

Subd. 4.  Testing required and certificate of compliance.  (a) If the commissioner has reason to believe that a product contains intentionally added PFAS and the product is being offered for sale in the state, the commissioner may direct the manufacturer of the product to, within 30 days, provide the commissioner with testing results that demonstrate the amount of each of the PFAS, identified by its chemical abstracts service registry number, in the product, reported as an exact quantity determined using commercially available analytical methods or as falling within a range approved for reporting purposes by the commissioner.

 

(b) If testing demonstrates that the product does not contain intentionally added PFAS, the manufacturer must provide the commissioner a certificate attesting that the product does not contain intentionally added PFAS, including testing results and any other relevant information.

 

(c) If testing demonstrates that the product contains intentionally added PFAS, the manufacturer must provide the commissioner with the testing results and the information required under subdivision 2.

 

(d) A manufacturer must notify persons who sell or offer for sale a product prohibited under subdivision 2 or 5 that the sale of that product is prohibited in this state and provide the commissioner with a list of the names and addresses of those notified.

 

(e) The commissioner may notify persons who sell or offer for sale a product prohibited under subdivision 2 or 5 that the sale of that product is prohibited in this state.

 

Subd. 5.  Prohibitions.  (a) Beginning January 1, 2025, a person may not sell, offer for sale, or distribute for sale in this state the following products if the product contains intentionally added PFAS:

 

(1) carpets or rugs;

 

(2) cleaning products;

 

(3) cookware;

 

(4) cosmetics;


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 903

(5) dental floss;

 

(6) fabric treatments;

 

(7) juvenile products;

 

(8) menstruation products;

 

(9) textile furnishings;

 

(10) ski wax; or

 

(11) upholstered furniture.

 

(b) The commissioner may by rule identify products by category or use that may not be sold, offered for sale, or distributed for sale in this state if they contain intentionally added PFAS and designate effective dates.  Effective dates must begin no earlier than January 1, 2025, and no later than January 2, 2032.  The commissioner must prioritize the prohibition of the sale of product categories that, in the commissioner's judgment, are most likely to contaminate or harm the state's environment and natural resources if they contain intentionally added PFAS.  The commissioner may exempt products by rule when the use of PFAS is a currently unavoidable use as determined by the commissioner.

 

(c) Beginning January 1, 2032, a person may not sell, offer for sale, or distribute for sale in this state any product that contains intentionally added PFAS, unless the commissioner has determined by rule that the use of PFAS in the product is a currently unavoidable use.  The commissioner may specify specific products or product categories for which the commissioner has determined the use of PFAS is a currently unavoidable use.

 

Subd. 6.  Fees.  The commissioner may establish by rule a fee payable by a manufacturer to the commissioner upon submission of the information required under subdivision 2 to cover the agency's reasonable costs to implement this section.  Fees collected under this subdivision must be deposited in an account in the environmental fund.

 

Subd. 7.  Enforcement.  (a) The commissioner may enforce this section under sections 115.071 and 116.072.  The commissioner may coordinate with the commissioners of commerce and health in enforcing this section.

 

(b) When requested by the commissioner, a person must furnish to the commissioner any information that the person may have or may reasonably obtain that is relevant to show compliance with this section.

 

Subd. 8.  Exemptions.  This section does not apply to:

 

(1) a product for which federal law governs the presence of PFAS in the product in a manner that preempts state authority;

 

(2) a product regulated under section 325F.072 or 325F.075; or

 

(3) the sale or resale of a used product.

 

Subd. 9.  Rules.  The commissioner may adopt rules necessary to implement this section.  Section 14.125 does not apply to the commissioner's rulemaking authority under this section."

 

 

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

 

      The report was adopted.


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 904

Moller from the Committee on Public Safety Finance and Policy to which was referred:

 

H. F. No. 1083, A bill for an act relating to public safety; authorizing the expungement of criminal records without petition for individuals not guilty of a crime as a result of identity theft or mistaken identity; amending Minnesota Statutes 2022, sections 609A.02, by adding a subdivision; 609A.025.

 

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.

 

 

Moller from the Committee on Public Safety Finance and Policy to which was referred:

 

H. F. No. 1084, A bill for an act relating to public safety; authorizing sealing of criminal records upon granting a pardon extraordinary; amending Minnesota Statutes 2022, section 638.02, subdivision 3.

 

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.

 

 

Klevorn from the Committee on State and Local Government Finance and Policy to which was referred:

 

H. F. No. 1199, A bill for an act relating to retirement; making administrative changes to the statutes governing the retirement plans administered by the Minnesota State Retirement System; amending Minnesota Statutes 2022, sections 352B.08, subdivision 1; 490.1211; repealing Minnesota Statutes 2022, section 490.124, subdivision 10.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

MINNESOTA STATE RETIREMENT SYSTEM

ADMINISTRATIVE CHANGES

 

Section 1.  Minnesota Statutes 2022, section 352B.08, subdivision 1, is amended to read:

 

Subdivision 1.  Eligibility; when to apply; accrual.  (a) Every member who is credited with three or more years of allowable service if first employed before July 1, 2013, or with at least ten years of allowable service if first employed after June 30, 2013, is entitled to separate from state service and upon becoming 50 years old, is entitled to receive a life annuity, upon separation from state service.

 

(b) Members must apply for an annuity in a form and manner prescribed by the executive director.

 

(c) No application may be made more than 90 60 days before the date the member is eligible to retire by reason of both age and service requirements.

 

(d) An annuity begins to accrue no earlier than 180 days before the date the application is filed with the executive director.

 

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


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 905

Sec. 2.  Minnesota Statutes 2022, section 356.551, subdivision 2, is amended to read:

 

Subd. 2.  Determination.  (a) Unless the minimum purchase amount set forth in paragraph (c) applies, the prior service credit purchase amount is an amount equal to the actuarial present value, on the date of payment, as calculated by the chief administrative officer of the pension plan and reviewed by the actuary retained under section 356.214, of the amount of the additional retirement annuity obtained by the acquisition of the additional service credit in this section.

 

(b) Calculation of this amount must be made using the investment return assumption applicable to the public pension plan specified in section 356.215, subdivision 8, and the mortality table adopted for the public pension plan.

 

(1) Unless clause (2) applies, the calculation must assume continuous future service in the public pension plan until, and retirement at, the age at which the minimum requirements of the fund for normal retirement or retirement with an annuity unreduced for retirement at an early age, including section 356.30, are met with the additional service credit purchased.  The calculation must also assume a full-time equivalent salary, or actual salary, whichever is greater, and a future salary history that includes annual salary increases at the applicable salary increase rate for the plan specified in section 356.215, subdivision 8.

 

(2) This clause applies when the calculation is being done for purposes of section 352.272; 352B.087; 353.0141, subdivision 3; 354.544; or 354A.0961; or 490.1211, subdivision 2.  The calculation must include continuous future service in the public pension plan until, and retirement at, any age at or after which the minimum requirements of the fund for early retirement or retirement with an annuity unreduced for retirement at an early age, including section 356.30, are met with the additional service credit purchased.  The calculation must be determined using the retirement age that provides the most valuable benefit to the member.  The calculation must also assume a full-time equivalent salary, or actual salary, whichever is greater, and a future salary history that includes annual salary increases at the applicable salary increase rate for the plan specified in section 356.215, subdivision 8.

 

(c) The prior service credit purchase amount may not be less than the amount determined by applying, for each year or fraction of a year being purchased, the sum of the employee contribution rate, the employer contribution rate, and the additional employer contribution rate, if any, applicable during that period, to the person's annual salary during that period, or fractional portion of a year's salary, if applicable, plus interest at the applicable annual rate or rates specified in section 356.59, subdivision 2, 3, 4, or 5, whichever applies, compounded annually, from the end of the year in which contributions would otherwise have been made to the date on which the payment is received.

 

(d) Unless otherwise provided by statutes governing a specific plan, payment must be made in one lump sum within one year of the prior service credit authorization or prior to the member's effective date of retirement, whichever is earlier.  Payment of the amount calculated under this section must be made by the applicable eligible person.

 

(e) However, the current employer or the prior employer may, at its discretion, pay all or any portion of the payment amount that exceeds an amount equal to the employee contribution rates in effect during the period or periods of prior service applied to the actual salary rates in effect during the period or periods of prior service, plus interest at the applicable annual rate or rates specified in section 356.59, subdivision 2, 3, 4, or 5, whichever applies, compounded annually, from the date on which the contributions would otherwise have been made to the date on which the payment is made.  If the employer agrees to payments under this subdivision, the purchaser must make the employee payments required under this subdivision within 90 days of the prior service credit authorization.  If that employee payment is made, the employer payment under this subdivision must be remitted to the chief administrative officer of the public pension plan within 60 days of receipt by the chief administrative officer of the employee payments specified under this subdivision.

 

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


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 906

Sec. 3.  Minnesota Statutes 2022, section 490.1211, is amended to read:

 

490.1211 UNIFORMED SERVICE.

 

Subdivision 1.  Federal uniformed service protections.  (a) A judge who is absent from employment by reason of service in the uniformed services, as defined in United States Code, title 38, section 4303(13), and who returns to state employment as a judge upon discharge from service in the uniformed service within the time frame required in United States Code, title 38, section 4312(e), may obtain service credit for the period of the uniformed service, provided that the judge did not separate from uniformed service with a dishonorable or bad conduct discharge or under other than honorable conditions.

 

(b) The judge may obtain credit by paying into the fund equivalent member contribution based on the contribution rate or rates in effect at the time that the uniformed service was performed multiplied by the full and fractional years being purchased and applied to the annual salary rate.  The annual salary rate is the average annual salary during the purchase period that the judge would have received if the judge had continued to provide employment services to the state rather than to provide uniformed service, or if the determination of that rate is not reasonably certain, the annual salary rate is the judge's average salary rate during the 12-month period of judicial employment rendered immediately preceding the purchase period of the uniformed service.

 

(c) The equivalent employer contribution and, if applicable, the equivalent employer additional contribution, must be paid by the employing unit, using the employer and employer additional contribution rate or rates in effect at the time that the uniformed service was performed, applied to the same annual salary rate or rates used to compute the equivalent member contribution.

 

(d) If the member equivalent contributions provided for in this section are not paid in full, the judge's allowable service credit must be prorated by multiplying the full and fractional number of years of uniformed service eligible for purchase by the ratio obtained by dividing the total member contributions received by the total member contributions otherwise required under this section.

 

(e) To receive allowable service credit under this section, the contributions specified in this section and section 490.121 must be transmitted to the fund during the period which begins with the date on which the individual returns to judicial employment and which has a duration of three times the length of the uniformed service period, but not to exceed five years.  If the determined payment period is calculated to be less than one year three years, the contributions required under this section to receive service credit may must be transmitted to the fund within one year three years from the discharge date.

 

(f) The amount of allowable service credit obtainable under this section and section 490.121 may not exceed five years, unless a longer purchase period is required under United States Code, title 38, section 4312.

 

(g) The state court administrator shall pay interest on all equivalent member and employer contribution amounts payable under this section.  Interest must be at the applicable annual rate or rates specified in section 356.59, subdivision 2, compounded annually, from the end of each fiscal year of the leave or break in service to the end of the month in which payment is received.

 

Subd. 2.  State-authorized purchase of service credit for periods of military service.  (a) Unless prohibited under paragraph (b), a judge is eligible to purchase service credit, not to exceed five cumulative years of service credit, for one or more periods of service in the uniformed services, as defined in United States Code, title 38, section 4303(13), if:

 

(1) the judge has at least three years of service credit with the judges retirement plan under this chapter;

 

(2) the duration of the judge's current period of employment is at least six months; and


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 907

(3) the judge did not obtain service credit for a period of military service under subdivision 1.

 

(b) A service credit purchase is prohibited if:

 

(1) the judge separated from uniformed service with a dishonorable or bad conduct discharge or under other than honorable conditions;

 

(2) the judge has purchased or otherwise received service credit from any Minnesota public employee pension plan for the same period of service in the uniformed services; or

 

(3) the judge's service in the uniformed services occurred before the judge was first appointed or elected as a judge.

 

(c) When purchasing a period of service, if the period of service in the uniformed services is one year or less, the judge must purchase the full period of service.  If the period of service in the uniformed services is longer than one year, the judge may purchase the full period, not to exceed five cumulative years, or may purchase a portion of the period of service.  If the judge purchases a portion of the period of service in the uniformed services, the portion must:  (1) not be less than one year; and (2) be in increments of six months of service.

 

Subd. 3.  Application and documentation.  To purchase service credit under subdivision 2, a judge must apply to the executive director of the Minnesota State Retirement System to make the purchase.  The application must include all necessary documentation of the judge's qualifications to make the purchase, signed written permission to allow the executive director to request and receive necessary verification of applicable facts and eligibility requirements, and any other relevant information that the executive director may require.

 

Subd. 4.  Purchase payment amount; service credit grant.  (a) The purchase payment amount for a purchase under subdivision 2 is the amount determined under section 356.551 for the period or periods of service requested, except that, for purposes of calculating the purchase payment amount to purchase service credit for service in the uniformed services between periods of employment as a judge, section 356.551, subdivision 2, paragraph (c), does not apply.

 

(b) Service credit must be granted by the judges retirement plan to the purchasing judge upon the executive director's receipt of the purchase payment amount.  The service credit purchased under this section may not be used for the purpose of determining a disability benefit under section 490.124, subdivision 4.

 

(c) Payment must be made before the effective date of the judge's retirement.

 

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

 

Sec. 4.  REPEALER.

 

Minnesota Statutes 2022, section 490.124, subdivision 10, is repealed.

 

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

 

ARTICLE 2

PUBLIC EMPLOYEES RETIREMENT ASSOCIATION

ADMINISTRATIVE CHANGES

 

Section 1.  Minnesota Statutes 2022, section 353.01, subdivision 2a, is amended to read:

 

Subd. 2a.  Included employees; mandatory membership.  (a) Public employees whose annual salary from one governmental subdivision is stipulated in advance to exceed $5,100 if the person is not a school year employee or $3,800 if the person is a school year employee exceeds $425 in any month and who are not specifically excluded


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 908

under subdivision 2b or who have not been provided an option to participate under subdivision 2d, whether individually or by action of the governmental subdivision, must participate as members of the association with retirement coverage by the general employees retirement plan under this chapter, the public employees police and fire retirement plan under this chapter, or the local government correctional employees retirement plan under chapter 353E, whichever applies.  Membership commences as a condition of their employment on the first day of their employment or on the first day that the eligibility criteria are met, whichever is later.  Public employees include but are not limited to:

 

(1) persons whose salary meets the threshold in this paragraph from employment in one or more positions within one governmental subdivision;

 

(2) elected county sheriffs;

 

(3) persons who are appointed, employed, or contracted to perform governmental functions that by law or local ordinance are required of a public officer, including, but not limited to:

 

(i) town and city clerk or treasurer;

 

(ii) county auditor, treasurer, or recorder;

 

(iii) city manager as defined in section 353.028 who does not exercise the option provided under subdivision 2d; or

 

(iv) emergency management director, as provided under section 12.25;

 

(4) physicians under section 353D.01, subdivision 2, who do not elect public employees defined contribution plan coverage under section 353D.02, subdivision 2;

 

(5) full-time employees of the Dakota County Agricultural Society;

 

(6) employees of the Red Wing Port Authority who were first employed by the Red Wing Port Authority before May 1, 2011, and who are not excluded employees under subdivision 2b;

 

(7) employees of the Seaway Port Authority of Duluth who are not excluded employees under subdivision 2b;

 

(8) employees of the Stevens County Housing and Redevelopment Authority who were first employed by the Stevens County Housing and Redevelopment Authority before May 1, 2014, and who are not excluded employees under subdivision 2b;

 

(9) employees of the Minnesota River Area Agency on Aging who were first employed by a Regional Development Commission before January 1, 2016, and who are not excluded employees under subdivision 2b; and

 

(10) employees of the Public Employees Retirement Association.

 

(b) A public employee or elected official who was a member of the association on June 30, 2002, based on employment that qualified for membership coverage by the public employees retirement plan or the public employees police and fire plan under this chapter, or the local government correctional employees retirement plan under chapter 353E as of June 30, 2002, retains that membership for the duration of the person's employment in that position or incumbency in elected office.  Except as provided in subdivision 28, the person shall participate as a member until the employee or elected official terminates public employment under subdivision 11a or terminates membership under subdivision 11b.

 

(c) If in any subsequent year the annual salary of an included public employee is less than the minimum salary threshold specified in this subdivision $425 in any subsequent month, the member retains membership eligibility.


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 909

(d) For the purpose of participation in the general employees retirement plan, public employees include employees who were members of the former Minneapolis Employees Retirement Fund on June 29, 2010.

 

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

 

Sec. 2.  Minnesota Statutes 2022, section 353.01, subdivision 2b, is amended to read:

 

Subd. 2b.  Excluded employees.  (a) The following public employees are not eligible to participate as members of the association with retirement coverage by the general employees retirement plan, the local government correctional employees retirement plan under chapter 353E, or the public employees police and fire retirement plan:

 

(1) persons whose annual salary from one governmental subdivision never exceeds an amount, stipulated in writing in advance, of $5,100 if the person is not a school district employee or $3,800 if the person is a school year employee.  If annual compensation from one governmental subdivision to an employee exceeds the stipulated amount in a calendar year or a school year, whichever applies, after being stipulated in advance not to exceed the applicable amount, the stipulation is no longer valid and contributions must be made on behalf of the employee under section 353.27, subdivision 12, from the first month in which the employee received salary exceeding $425 in a month;

 

(2) public officers who are elected to a governing body, city mayors, or persons who are appointed to fill a vacancy in an elected office of a governing body, whose term of office commences on or after July 1, 2002, for the service to be rendered in that elected position;

 

(3) election judges and persons employed solely to administer elections;

 

(4) patient and inmate personnel who perform services for a governmental subdivision;

 

(5) except as otherwise specified in subdivision 12a, employees who are employed solely in a temporary position as defined under subdivision 12a, and employees who resign from a nontemporary position and accept a temporary position within 30 days of that resignation in the same governmental subdivision;

 

(6) employees who are employed by reason of work emergency caused by fire, flood, storm, or similar disaster, but if the person becomes a probationary or provisional employee within the same pay period, other than on a temporary basis, the person is a "public employee" retroactively to the beginning of the pay period;

 

(7) employees who by virtue of their employment in one governmental subdivision are required by law to be a member of and to contribute to any of the plans or funds administered by the Minnesota State Retirement System, the Teachers Retirement Association, or the St. Paul Teachers Retirement Fund Association, but this exclusion must not be construed to prevent a person from being a member of and contributing to the Public Employees Retirement Association and also belonging to and contributing to another public pension plan or fund for other service occurring during the same period of time, and a person who meets the definition of "public employee" in subdivision 2 by virtue of other service occurring during the same period of time becomes a member of the association unless contributions are made to another public retirement plan on the salary based on the other service or to the Teachers Retirement Association by a teacher as defined in section 354.05, subdivision 2;

 

(8) persons who are members of a religious order and are excluded from coverage under the federal Old Age, Survivors, Disability, and Health Insurance Program for the performance of service as specified in United States Code, title 42, section 410(a)(8)(A), as amended, if no irrevocable election of coverage has been made under section 3121(r) of the Internal Revenue Code of 1954, as amended;

 

(9) persons who are:

 

(i) employed by a governmental subdivision who have not reached the age of 23 and who are enrolled on a full‑time basis to attend or are attending classes on a full-time basis at an accredited school, college, or university in an undergraduate, graduate, or professional-technical program, or at a public or charter high school;


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 910

(ii) employed as resident physicians, medical interns, pharmacist residents, or pharmacist interns and are serving in a degree or residency program in a public hospital or in a public clinic; or

 

(iii) students who are serving for a period not to exceed five years in an internship or a residency program that is sponsored by a governmental subdivision, including an accredited educational institution;

 

(10) persons who hold a part-time adult supplementary technical college license who render part-time teaching service in a technical college;

 

(11) for the first three years of employment, foreign citizens who are employed by a governmental subdivision, except that the following foreign citizens must be considered included employees under subdivision 2a:

 

(i) H-1B, H-1B1, and E-3 status holders;

 

(ii) employees of Hennepin County or Hennepin Healthcare System, Inc.;

 

(iii) employees legally authorized to work in the United States for three years or more; and

 

(iv) employees otherwise required to participate under federal law;

 

(12) public hospital employees who elected not to participate as members of the association before 1972 and who did not elect to participate from July 1, 1988, to October 1, 1988;

 

(13) except as provided in section 353.86, volunteer ambulance service personnel, as defined in subdivision 35, but persons who serve as volunteer ambulance service personnel may still qualify as public employees under subdivision 2 and may be members of the Public Employees Retirement Association and participants in the general employees retirement plan or the public employees police and fire plan, whichever applies, on the basis of compensation received from public employment service other than service as volunteer ambulance service personnel;

 

(14) except as provided in section 353.87, volunteer firefighters, as defined in subdivision 36, engaging in activities undertaken as part of volunteer firefighter duties, but a person who is a volunteer firefighter may still qualify as a public employee under subdivision 2 and may be a member of the Public Employees Retirement Association and a participant in the general employees retirement plan or the public employees police and fire plan, whichever applies, on the basis of compensation received from public employment activities other than those as a volunteer firefighter;

 

(15) employees in the building and construction trades, as follows:

 

(i) pipefitters and associated trades personnel employed by Independent School District No. 625, St. Paul, with coverage under a collective bargaining agreement by the pipefitters local 455 pension plan who were either first employed after May 1, 1997, or, if first employed before May 2, 1997, elected to be excluded under Laws 1997, chapter 241, article 2, section 12;

 

(ii) electrical workers, plumbers, carpenters, and associated trades personnel employed by Independent School District No. 625, St. Paul, or the city of St. Paul, with coverage under a collective bargaining agreement by the electrical workers local 110 pension plan, the plumbers local 34 pension plan, or the carpenters local 322 pension plan who were either first employed after May 1, 2000, or, if first employed before May 2, 2000, elected to be excluded under Laws 2000, chapter 461, article 7, section 5;


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 911

(iii) bricklayers, allied craftworkers, cement masons, glaziers, glassworkers, painters, allied tradesworkers, and plasterers employed by the city of St. Paul or Independent School District No. 625, St. Paul, with coverage under a collective bargaining agreement by the bricklayers and allied craftworkers local 1 pension plan, the cement masons local 633 pension plan, the glaziers and glassworkers local 1324 pension plan, the painters and allied trades local 61 pension plan, or the plasterers local 265 pension plan who were either first employed after May 1, 2001, or if first employed before May 2, 2001, elected to be excluded under Laws 2001, First Special Session chapter 10, article 10, section 6;

 

(iv) plumbers employed by the Metropolitan Airports Commission, with coverage under a collective bargaining agreement by the plumbers local 34 pension plan, who were either first employed after May 1, 2001, or if first employed before May 2, 2001, elected to be excluded under Laws 2001, First Special Session chapter 10, article 10, section 6;

 

(v) electrical workers or pipefitters employed by the Minneapolis Park and Recreation Board, with coverage under a collective bargaining agreement by the electrical workers local 292 pension plan or the pipefitters local 539 pension plan, who were first employed before May 2, 2015, and elected to be excluded under Laws 2015, chapter 68, article 11, section 5;

 

(vi) laborers and associated trades personnel employed by the city of St. Paul or Independent School District No. 625, St. Paul, who are designated as temporary employees with coverage under a collective bargaining agreement by a multiemployer plan as defined in section 356.27, subdivision 1, who were either first employed on or after June 1, 2018, or if first employed before June 1, 2018, elected to be excluded under Laws 2018, chapter 211, article 16, section 13; and

 

(vii) employees who are trades employees as defined in section 356.27, subdivision 1, first hired on or after July 1, 2020, by the city of St. Paul or Independent School District No. 625, St. Paul, except for any trades employee for whom contributions are made under section 356.24, subdivision 1, clause (8), (9), or (10), by either employer to a multiemployer plan as defined in section 356.27, subdivision 1;

 

(16) employees who are hired after June 30, 2002, solely to fill seasonal positions under subdivision 12b which are limited in duration by the employer to a period of six months or less in each year of employment with the governmental subdivision;

 

(17) persons who are provided supported employment or work-study positions by a governmental subdivision and who participate in an employment or industries program maintained for the benefit of these persons where the governmental subdivision limits the position's duration to up to five years, including persons participating in a federal or state subsidized on-the-job training, work experience, senior citizen, youth, or unemployment relief program where the training or work experience is not provided as a part of, or for, future permanent public employment;

 

(18) independent contractors and the employees of independent contractors;

 

(19) reemployed annuitants of the association during the course of that reemployment;

 

(20) persons appointed to serve on a board or commission of a governmental subdivision or an instrumentality thereof;

 

(21) persons employed as full-time fixed-route bus drivers by the St. Cloud Metropolitan Transit Commission who are members of the International Brotherhood of Teamsters Local 638 and who are, by virtue of that employment, members of the International Brotherhood of Teamsters Central States pension plan; and


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 912

(22) persons employed by the Duluth Transit Authority or any subdivision thereof who are members of the Teamsters General Local Union 346 and who are, by virtue of that employment, members of the Central States Southeast and Southwest Areas Pension Fund.

 

(b) Any person performing the duties of a public officer in a position defined in subdivision 2a, paragraph (a), clause (3), is not an independent contractor and is not an employee of an independent contractor.

 

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

 

Sec. 3.  Minnesota Statutes 2022, section 353.01, subdivision 15, is amended to read:

 

Subd. 15.  Dependent child.  For the purpose of survivor benefit eligibility under sections 353.31, subdivision 1, and 353.657, subdivision 3, "dependent child" means:

 

(1) a biological or adopted child of a deceased member who is unmarried, and under has not reached the age of 18, or age 18 to 23, so long as the child submits evidence of full-time enrollment in an accredited educational institution.  "Dependent child" also includes;

 

(2) a child of the member conceived during the member's lifetime and born after the member's death.  It also means, unless a parent-child relationship does not exist under section 524.2-120, subdivision 10; and

 

(3) a dependent child who has not reached the age of 23 and is the subject of adoption proceedings filed by a member, and who, within two years after death of the member, by judgment and decree duly entered, is adjudged to be the adopted child of the deceased member; subject, however, to the qualifying conditions of age and dependency under this subdivision.  The dependency of the child dates from is a dependent child effective on the date of the decree of adoption.  "Dependent child" also includes a child age 18 to 23 who had submitted evidence of full-time enrollment in an accredited educational institution but was determined to be medically unable to continue school on a full-time basis.  The board of trustees shall adopt written procedures to make determinations regarding eligibility based on a student being medically unable to continue school, and may not continue a benefit for medical reasons for a period greater than one year.

 

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

 

Sec. 4.  Minnesota Statutes 2022, section 353.0162, is amended to read:

 

353.0162 SALARY CREDIT PURCHASE FOR PERIODS OF REDUCED SALARY.

 

Subdivision 1.  Definitions.  (a) For the purposes of this section, the terms defined in this subdivision have the meanings given them, unless the context clearly indicates another meaning is intended.

 

(b) "Differential salary credit" is the difference between the salary received by the member during a period of reduced salary as described in subdivision 2 and the salary of the member, excluding overtime, on which contributions to the applicable plan would have been made during the period based on the member's normal employment period, measured in hours or otherwise, as applicable, and rate of pay.

 

(c) "Reporting period" means a school year, for school year employees, or a calendar year, for all other employees, during which a member has a period of reduced salary. 

 

Subd. 2.  Salary credit purchase permitted.  (a) A member may purchase differential salary credit as described in paragraph (c) for a period of reduced salary as described in paragraph (b).


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 913

(b) The period of reduced salary must be a period occurring entirely within one school year, for school year employees, or one calendar year, for all other employees, during which the member receives no salary or a reduced salary from the employer while the member is:

 

(1) receiving workers' compensation payments related to the member's service to the public employer;

 

(2) on an authorized leave of absence;

 

(3) on an authorized leave of absence as a result of a budgetary or salary savings program offered or mandated by a governmental subdivision, if certified to the executive director by the governmental subdivision; or

 

(4) on a periodic, repetitive leave that is offered to all employees of a governmental subdivision where the leave program is certified by the employer to the association as one that does not exceed 208 hours during the school year or calendar year, as applicable.

 

(c) Differential salary credit is the difference between the salary received by the member during a period of reduced salary specified in paragraph (b) and the salary of the member, excluding overtime, on which contributions to the applicable plan would have been made during the period based on the member's normal employment period, measured in hours or otherwise, as applicable, and rate of pay.

 

Subd. 3.  Payment amount.  (d) (a) To receive differential salary credit, the member shall pay the plan, by delivering payment to the executive director, an amount equal to:

 

(1) the applicable employee contribution rate under section 353.27, subdivision 2; 353.65, subdivision 2; or 353E.03, subdivision 1, as applicable, multiplied by the differential salary amount;

 

(2) plus an employer equivalent payment equal to the applicable employer contribution rate in section 353.27, subdivision 3; 353.65, subdivision 3; or 353E.03, subdivision 2, as applicable, multiplied by the differential salary amount;

 

(3) plus, if applicable, an equivalent employer additional amount equal to the additional employer contribution rate in section 353.27, subdivision 3a, multiplied by the differential salary amount.

 

(e) (b) The employer, by appropriate action of its governing body and documented in its official records, may pay on behalf of the member the amounts determined under paragraph (d) (a), clauses (2) and (3), as applicable, plus interest under paragraph (f) (c).  However, if the period of reduced salary is a periodic, repetitive leave under paragraph (b) subdivision 2, clause (4), then the employer must pay on behalf of the member the amount determined under paragraph (d) (a), clauses (2) and (3), as applicable, plus interest under paragraph (f) (c).

 

(f) (c) Payment under this section must include interest on the contribution amount or amounts, whichever applies, at the applicable rate or rates specified in section 356.59, subdivision 3, compounded annually, prorated for the number of months, if less than 12 months, from the end of the school year or calendar year, as applicable, until full payment is received by the executive director. 

 

Subd. 4.  Timing of required payment.  Payment under this section must be completed by the earliest of:  (1) six months after termination of public service by the employee under section 353.01, subdivision 11a; (2) no later than one year after the termination end of the each reporting period of reduced salary specified in paragraph (b); or (3) six months after the commencement of a disability benefit.

 

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


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 914

Sec. 5.  Minnesota Statutes 2022, section 353.031, subdivision 10, is amended to read:

 

Subd. 10.  Restoring forfeited service and salary credit.  (a) To restore forfeited service and salary credit, a repayment of a refund must be made within six months after the effective date of disability benefits or within six months after the date of the filing of the disability application, whichever is later. 

 

(b), except for that the salary credit purchase for periods of reduced salary must be made as authorized under section 353.0162, paragraph (b), clause (1), no purchase of prior service or payment made in lieu of salary deductions otherwise authorized under section 353.01 or 353.0162 may be made after the occurrence of the disability for which an application is filed under this section.

 

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

 

Sec. 6.  Minnesota Statutes 2022, section 353.32, subdivision 1c, is amended to read:

 

Subd. 1c.  Dependent child survivor coverage.  If there is a deceased member has no surviving spouse eligible for benefits under subdivision 1a, a the member's dependent child or children as defined in section 353.01, subdivision 15a 15, is eligible for monthly payments.  Payments to a dependent child must be paid from the date of the member's death to the date the dependent child attains age 20 if the child is under age 15.  If the child is 15 years or older on the date of death, payment must be made for five years 23.  The payment to a dependent child is an amount actuarially equivalent to the value of a 100 percent optional annuity under subdivision 1a using the age of the member and the age of the dependent child at the date of the member's death in lieu of the age of the surviving spouse.  If there is more than one dependent child, each dependent child shall must receive a proportionate share of the actuarial value of the employee's account 100 percent optional annuity.

 

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

 

Sec. 7.  Minnesota Statutes 2022, section 353E.001, is amended by adding a subdivision to read:

 

Subd. 1a.  Fund.  "Fund" means the public employees local government correctional service retirement fund.

 

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

 

Sec. 8.  Minnesota Statutes 2022, section 353E.001, is amended by adding a subdivision to read:

 

Subd. 2a.  Member.  "Member" means an individual identified as a member under section 353E.02, for whom retirement coverage is provided by the plan.

 

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

 

Sec. 9.  Minnesota Statutes 2022, section 353E.001, is amended by adding a subdivision to read:

 

Subd. 3a.  Plan.  "Plan" means the public employees local government correctional service retirement plan.

 

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

 

Sec. 10.  Minnesota Statutes 2022, section 353E.07, subdivision 3, is amended to read:

 

Subd. 3.  Election; accrual.  A surviving spouse election under subdivisions 1 and 2 may be made at any time after the date of death of the local government correctional service employee a member.  The surviving spouse benefit begins to accrue as of the first of the next month following the date on which the application for the benefit was filed.

 

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


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 915

Sec. 11.  Minnesota Statutes 2022, section 353E.07, subdivision 4, is amended to read:

 

Subd. 4.  Surviving spouse coverage; term certain.  In lieu of the 100 percent optional annuity under subdivision 1, the surviving spouse of a deceased local government correctional service employee member may elect to receive survivor coverage in a term certain of ten, 15, or 20 years.  The monthly term certain annuity must be actuarially equivalent to the 100 percent optional annuity under subdivision 1 and must be based on tables approved by the actuary retained under section 356.214.  The optional annuity ceases upon the expiration of the term certain period.  If a survivor elects a term certain annuity and dies before the expiration of the specified term certain period, the commuted value of the remaining annuity payments must be paid in a lump sum to the survivor's estate.

 

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

 

Sec. 12.  Minnesota Statutes 2022, section 353E.07, subdivision 5, is amended to read:

 

Subd. 5.  Dependent child survivor coverage.  If there is a deceased member has no surviving spouse eligible for benefits under subdivisions 1, 2, and 4, a the member's dependent child as defined in section 353.01, subdivision 15a 15, is eligible for a dependent child survivor benefit.  Benefits to a dependent child must be paid from the date of the employee's death to the date the dependent child attains age 20 if the child is under age 15 on the date of death.  If the child is 15 years or older on the date of death, the benefit is payable for five years 23.  The payment to a dependent child is an amount actuarially equivalent to the value of a 100 percent joint and survivor optional annuity using the age of the employee member and the age of the dependent child at the date of the member's death in lieu of the age of the surviving spouse.  If there is more than one dependent child, each dependent child shall must receive a proportionate share of the actuarial value of the employee's account 100 percent joint and survivor optional annuity, with the amount of the benefit payable to each child to be determined based on the portion of the total eligibility period that each child is eligible.  The process for calculating the dependent child survivor benefit must be approved by the actuary retained under section 356.214.

 

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

 

Sec. 13.  REVISOR INSTRUCTION.

 

In Minnesota Statutes, sections 353E.01 to 353E.08, the revisor of statutes shall change the terms "public employees local government correctional service retirement fund" to "fund" and "an employee covered under section 353E.02" to "member" and "local government correctional employee" to "member" and "public employees local government correctional service retirement plan" to "plan" wherever the terms appear in statutes.  The revisor shall make any necessary grammatical changes or changes to sentence structure necessary to preserve the meaning of the text as a result of the changes.

 

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

 

Sec. 14.  REPEALER.

 

Minnesota Statutes 2022, section 353.01, subdivision 15a, is repealed.

 

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

 

ARTICLE 3

TEACHERS RETIREMENT ASSOCIATION

ADMINISTRATIVE CHANGES

 

Section 1.  Minnesota Statutes 2022, section 354.06, subdivision 2, is amended to read:

 

Subd. 2.  President; executive director.  The board shall must annually elect one of its members as president.  It shall must elect an executive director.  Notwithstanding any law to the contrary, the board must set the salary of the executive director.  The salary of the executive director must not exceed the limit for a position listed in section 15A.0815, subdivision 2.  The executive director shall serve during at the pleasure of the board and be the executive


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 916

officer of the board, with such the duties prescribed in subdivision 2a and any additional duties as that the board shall may prescribe.  The board shall must employ all other clerks and employees necessary to properly administer the association.  The cost and expense of administering the provisions of this chapter shall be paid by the association.  The board shall must appoint an executive director on the basis of education, experience in the retirement field, ability to manage and lead system staff, and ability to assist the board in setting a vision for the system.  The executive director shall must have had at least five years of experience on the administrative staff of a major in either an executive-level management position or in a position with responsibility for the governance, management, or administration of a retirement system plan.

 

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

 

Delete the title and insert:

 

"A bill for an act relating to retirement; making administrative changes to the statutes governing the retirement plans administered by the Minnesota State Retirement System, the Public Employees Retirement Association, and the Teachers Retirement Association; modifying the experience requirements for a Teachers Retirement Association executive director; amending Minnesota Statutes 2022, sections 352B.08, subdivision 1; 353.01, subdivisions 2a, 2b, 15; 353.0162; 353.031, subdivision 10; 353.32, subdivision 1c; 353E.001, by adding subdivisions; 353E.07, subdivisions 3, 4, 5; 354.06, subdivision 2; 356.551, subdivision 2; 490.1211; repealing Minnesota Statutes 2022, sections 353.01, subdivision 15a; 490.124, subdivision 10."

 

 

With the recommendation that when so amended the bill be placed on the General Register with the further recommendation that the bill be placed on the Consent Calendar.

 

      The report was adopted.

 

 

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

 

H. F. No. 1257, A bill for an act relating to education; removing barriers to teacher licensure; amending Minnesota Statutes 2022, sections 122A.09, subdivision 10; 122A.181, subdivision 4, by adding a subdivision; 122A.182, subdivision 1, by adding a subdivision; 122A.183, subdivisions 1, 2, by adding a subdivision; 122A.184, subdivision 1; 122A.185, subdivisions 1, 4; 122A.635, subdivisions 3, 4; 122A.70, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 122A; repealing Minnesota Rules, part 8710.0500, subparts 8, 11.

 

Reported the same back with the following amendments:

 

Page 3, line 1, strike everything after "requested"

 

Page 3, line 2, strike everything before the period and insert "; at the board's discretion, the board may begin to accept and review licenses before July 1"

 

Page 3, after line 2, insert:

 

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

 

Page 4, after line 22, insert:

 

"Sec. 6.  Minnesota Statutes 2022, section 122A.182, subdivision 4, is amended to read:


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 917

Subd. 4.  Application.  The Professional Educator Licensing and Standards Board must accept applications for a Tier 2 teaching license beginning July 1 of the school year for which the license is requested and must issue or deny the Tier 2 teaching license within 30 days of receiving the completed application; at the board's discretion, the board may begin to accept and review licenses before July 1.

 

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

 

Page 9, after line 6, insert:

 

"(d) A school district or charter school must provide a substitute teacher who receives a substitute teaching license through the pilot program with substitute teacher training.  The board may remove a school district or charter school from the pilot program for failure to provide the required training.

 

(e) A school district or charter school must not require an employee to apply for a substitute teaching license, or retaliate against an employee that does not apply for a substitute teaching license under the pilot program.

 

(f) A school district or charter school must compensate an employee working as a short-call substitute teacher under the pilot program with the greater of $200 per day or the employee's regular rate of pay.

 

EFFECTIVE DATE.  This section is effective for the 2023-2024 and 2024-2025 school years only."

 

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 2, after the second semicolon, insert "modifying requirements for licensure; establishing a short-call substitute teacher pilot program;"

 

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.

 

 

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

 

H. F. No. 1262, A bill for an act relating to energy; modifying certain utility requirements; prohibiting certain restrictions on the use of residential solar energy systems; amending Minnesota Statutes 2022, section 216B.164, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 500.

 

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.

 

 

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

 

H. F. No. 1315, A bill for an act relating to environment; modifying certain requirements for labeling items as biodegradable or compostable; amending Minnesota Statutes 2022, section 325E.046.

 

Reported the same back with the following amendments:


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 918

Page 1, delete line 18 and insert "the product is certified as meeting the specification, in compliance with the provisions of subdivision 2a."

 

Page 2, line 15, delete "compostable"

 

Page 2, line 18, before ""compostable"" insert ""biodegradable" or"

 

Page 2, line 19, delete "2" and insert "1 or 2, as applicable,"

 

Page 2, line 25, delete "2" and insert "1 or 2, as applicable"

 

 

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

 

      The report was adopted.

 

 

 Fischer from the Committee on Human Services Policy to which was referred:

 

H. F. No. 1486, A bill for an act relating to human services; allowing supervised practice of alcohol and drug counseling by former students for limited time; modifying HIV training requirements in substance use disorder treatment programs; modifying withdrawal management license requirements; modifying substance use disorder treatment client record documentation requirements; amending Minnesota Statutes 2022, sections 148F.11, by adding a subdivision; 245A.19; 245F.04, subdivision 1; 245G.06, subdivision 2b.

 

Reported the same back with the following amendments:

 

Page 1, line 16, delete the comma and insert "or"

 

Page 1, line 17, delete "or a treatment director," and after the period, insert "The former student's practice is limited to the site where the student completed their internship or practicum.  A former student must be paid for work performed during the 90-day period."

 

 

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

 

      The report was adopted.

 

 

SECOND READING OF HOUSE BILLS

 

 

      H. F. Nos. 800 and 1199 were read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

      Greenman; Long; Hansen, R.; Frazier; Berg; Howard; Hornstein; Kraft; Nelson, M.; Freiberg and Sencer-Mura introduced:

 

H. F. No. 1831, A bill for an act relating to employment; prohibiting restrictive franchise agreements; amending Minnesota Statutes 2022, section 177.27, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 181.

 

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


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 919

Frazier, Moller, Richardson, Becker-Finn, Hollins, Kozlowski, Clardy, Hassan, Noor, Gomez and Xiong introduced:

 

H. F. No. 1832, A bill for an act relating to public safety; limiting the authority for peace officers to stop or detain drivers for certain motor vehicle equipment violations; 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.

 

 

Frazier; Gomez; Moller; Richardson; Vang; Lee, K.; Noor; Hussein; Xiong and Hassan introduced:

 

H. F. No. 1833, 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 2022, section 13.825, subdivision 2.

 

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

 

 

Vang introduced:

 

H. F. No. 1834, A bill for an act relating to natural resources; appropriating money for scientific and natural areas.

 

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

 

 

Nash and Pelowski introduced:

 

H. F. No. 1835, A bill for an act relating to state government; requiring the state chief information officer to establish metrics to assess the progress of cloud computing projects; prohibiting certain terms in contracts involving a state agency's use of licensed software applications; requiring a report to the legislature to include information on cloud computing projects within state agencies; amending Minnesota Statutes 2022, section 16E.03, subdivision 4a, by adding subdivisions.

 

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

 

 

Hollins, Novotny, Tabke, Huot and Witte introduced:

 

H. F. No. 1836, A bill for an act relating to public safety; appropriating money for prosecutorial and law enforcement training.

 

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

 

 

Urdahl introduced:

 

H. F. No. 1837, A bill for an act relating to energy; appropriating money for a grant to repair the Granite Falls hydroelectric generating facility.

 

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


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 920

Feist introduced:

 

H. F. No. 1838, A bill for an act relating to corrections; providing for a supervision standards committee; modifying probation, supervised release, and community corrections; providing for rulemaking; requiring a report; appropriating money; amending Minnesota Statutes 2022, sections 243.05, subdivision 1; 244.05, subdivision 3; 244.19, subdivisions 1, 5; 244.195, subdivision 1, by adding subdivisions; 244.20; 244.21; 401.01; 401.02; 401.06; 401.09; 401.10; 401.11; 401.14, subdivision 3; 401.16; repealing Minnesota Statutes 2022, sections 244.19, subdivisions 6, 7, 8; 244.22; 244.24; 244.30; 401.025.

 

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

 

 

Fogelman introduced:

 

H. F. No. 1839, A bill for an act relating to capital investment; appropriating money for new law enforcement and government facilities in Jackson County; authorizing the sale and issuance of state bonds.

 

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

 

 

Klevorn introduced:

 

H. F. No. 1840, A bill for an act relating to higher education; appropriating money for operations and maintenance of the University of Minnesota.

 

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

 

 

Bennett introduced:

 

H. F. No. 1841, A bill for an act relating to capital investment; appropriating money for roadway improvements in Waldorf; authorizing the issuance of state bonds.

 

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

 

 

Engen, Bennett, Myers, Smith, Curran and Niska introduced:

 

H. F. No. 1842, A bill for an act relating to education; requiring student identification cards to include a mental health crisis telephone number; proposing coding for new law in Minnesota Statutes, chapter 121A.

 

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

 

 

Reyer introduced:

 

H. F. No. 1843, A bill for an act relating to health; conducting an analysis of the benefits and costs of a universal health care system to assist the legislature in comparing it to the current public and private health care financing system; requiring a report; appropriating money.

 

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


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 921

Neu Brindley and Johnson introduced:

 

H. F. No. 1844, A bill for an act relating to capital investment; appropriating money for reconstruction of marked U.S. Highway 8.

 

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

 

 

Wiener introduced:

 

H. F. No. 1845, A bill for an act relating to human services; appropriating money for a grant to Wellness in the Woods.

 

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

 

 

Robbins introduced:

 

H. F. No. 1846, A bill for an act relating to capital investment; appropriating money for improvements to Greenfield Road in the city of Greenfield; authorizing the sale and issuance of state bonds.

 

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

 

 

Howard introduced:

 

H. F. No. 1847, A bill for an act relating to taxation; authorizing the city of Richfield to impose a local sales and use tax for specified projects.

 

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

 

 

Daudt, Schultz, Harder, Daniels and Hudson introduced:

 

H. F. No. 1848, A bill for an act proposing an amendment to the Minnesota Constitution by adding a section to article XIII; authorizing food retailers to sell wine and beer; amending Minnesota Statutes 2022, sections 340A.101, by adding a subdivision; 340A.405, subdivision 1; 340A.412, subdivision 3, by adding a subdivision; 340A.413, subdivision 5; 340A.503, subdivision 4.

 

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

 

 

Daudt, Daniels, West, Niska, Schultz and Novotny introduced:

 

H. F. No. 1849, A bill for an act relating to consumer protection; providing for consumer choice of fuel; modifying certain rulemaking authority; eliminating Clean Car rules; amending Minnesota Statutes 2022, section 116.07, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 14; 15; repealing Minnesota Rules, parts 7023.0150; 7023.0200; 7023.0250; 7023.0300.

 

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


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 922

Daudt and Novotny introduced:

 

H. F. No. 1850, A bill for an act relating to public safety; prevention of cruelty to animals; creating the Office of Animal Protection; requiring a report; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 299A.

 

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

 

 

Hicks introduced:

 

H. F. No. 1851, A bill for an act relating to human services; establishing live well at home grants; amending Minnesota Statutes 2022, section 256B.0917, by adding a subdivision.

 

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

 

 

Clardy, Schomacker, Reyer, Her and Bierman introduced:

 

H. F. No. 1852, A bill for an act relating to health; establishing an Alzheimer's public information program; appropriating money.

 

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

 

 

Acomb introduced:

 

H. F. No. 1853, A bill for an act relating to environment; appropriating money for a weather resilience program in the University of Minnesota Extension Service.

 

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

 

 

Berg and Hassan introduced:

 

H. F. No. 1854, A bill for an act relating to barbers; regulating mobile barber shops; authorizing rulemaking; amending Minnesota Statutes 2022, section 154.02, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 154.

 

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

 

 

Becker-Finn introduced:

 

H. F. No. 1855, A bill for an act relating to taxation; local sales and use; authorizing the city of Roseville to impose a local sales and use tax.

 

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


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 923

Grossell introduced:

 

H. F. No. 1856, A bill for an act relating to capital investment; appropriating money for water infrastructure improvements in the city of Clearbrook; authorizing the sale and issuance of state bonds.

 

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

 

 

Jordan introduced:

 

H. F. No. 1857, A bill for an act relating to commerce; prohibiting sale of water in plastic containers; proposing coding for new law in Minnesota Statutes, chapter 325E.

 

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

 

 

Keeler, Kozlowski, Becker-Finn, Wolgamott, Hussein and Hassan introduced:

 

H. F. No. 1858, A bill for an act relating to health and human services; creating a safe harbor shelter and housing grant program; appropriating money for sexually exploited youth; amending Minnesota Statutes 2022, section 145.4716, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 256K.

 

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

 

 

Feist and Berg introduced:

 

H. F. No. 1859, A bill for an act relating to labor; creating new enforcement provisions for construction workers wage protection; amending Minnesota Statutes 2022, section 177.27, subdivisions 1, 4, 8, 9, 10; proposing coding for new law in Minnesota Statutes, chapter 181.

 

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

 

 

Hudson introduced:

 

H. F. No. 1860, A bill for an act relating to health; requiring consent for vaccination; prohibiting consent coercion and discrimination; imposing criminal penalties; amending Minnesota Statutes 2022, section 144.4197; proposing coding for new law in Minnesota Statutes, chapter 144.

 

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

 

 

Hudson introduced:

 

H. F. No. 1861, A bill for an act relating to civil law; prohibiting online content discrimination; authorizing civil action; proposing coding for new law as Minnesota Statutes, chapter 363B.

 

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


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 924

Hansen, R.; Jordan and Becker-Finn introduced:

 

H. F. No. 1862, A bill for an act relating to natural resources; removing county approval requirements for certain land acquisitions; amending Minnesota Statutes 2022, sections 84.0274, subdivision 6; 84.0276; repealing Minnesota Statutes 2022, sections 84.033, subdivision 3; 84.944, subdivision 3; 97A.145, subdivision 2; Minnesota Rules, part 6115.1220, subpart 8.

 

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

 

 

Klevorn introduced:

 

H. F. No. 1863, A bill for an act relating to state government; changing provisions for state procurement, finance, asset preservation account, and Designer Selection Board; amending Minnesota Statutes 2022, sections 16A.15, subdivision 3; 16A.632, subdivision 2; 16B.307, subdivision 1; 16B.33, subdivisions 1, 3, 3a, by adding a subdivision; 16C.10, subdivision 2; 16C.251; 16C.32, subdivision 1.

 

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

 

 

Becker-Finn introduced:

 

H. F. No. 1864, A bill for an act relating to corrections; authorizing Tribal Nations to provide delivery of probation and post release prison supervision through the Tribal Nation's community supervision department; amending Minnesota Statutes 2022, sections 244.19; 401.01, subdivisions 1, 2; 401.02, subdivisions 1, 2, 3; 401.025; 401.04; 401.05, subdivision 1; 401.06; 401.08, subdivisions 2, 4; 401.09; 401.10, subdivision 1; 401.12; 401.14, subdivisions 1, 3; 401.15, subdivision 1; 401.16.

 

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

 

 

O'Neill introduced:

 

H. F. No. 1865, A bill for an act relating to local taxes; authorizing the city of Monticello to impose a sales and use tax.

 

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

 

 

Hudella, Urdahl and Daniels introduced:

 

H. F. No. 1866, A bill for an act relating to motor vehicles; establishing Minnesota hockey 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.

 

 

Hudella and Wiens introduced:

 

H. F. No. 1867, A bill for an act relating to local taxes; authorizing the city of Cottage Grove to impose a sales and use tax.

 

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


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 925

Rehm, Vang, Bierman, Brand and Curran introduced:

 

H. F. No. 1868, A bill for an act relating to agriculture; appropriating money for international marketing.

 

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

 

 

Rehm introduced:

 

H. F. No. 1869, A bill for an act relating to capital investment; appropriating money for the City Square West redevelopment project in the city of Chaska; authorizing the sale and issuance of state bonds.

 

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

 

 

Rehm introduced:

 

H. F. No. 1870, A bill for an act relating to taxation; sales and use; providing an exemption for construction materials for certain projects in the city of Chanhassen; amending Minnesota Statutes 2022, section 297A.71, subdivision 52.

 

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

 

 

Olson, L., and Kozlowski introduced:

 

H. F. No. 1871, A bill for an act relating to taxation; property; tax increment financing; authorizing tax increment financing districts in the city of Duluth.

 

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

 

 

Hollins and Neu Brindley introduced:

 

H. F. No. 1872, A bill for an act relating to manufactured homes; authorizing micro-unit dwellings on religious properties; proposing coding for new law in Minnesota Statutes, chapter 327.

 

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

 

 

Kozlowski introduced:

 

H. F. No. 1873, A bill for an act relating to natural resources; modifying enforcement authority for appropriating water; amending Minnesota Statutes 2022, section 103G.299, subdivisions 1, 2, 5, 10; proposing coding for new law in Minnesota Statutes, chapter 103G.

 

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

 

 

Kozlowski, Howard, Hussein and Hassan introduced:

 

H. F. No. 1874, A bill for an act relating to housing; adopting Minnesota Housing Finance Agency policy provisions; increasing agency debt limit; expanding authority to issue bonds; expanding eligibility requirements and uses for agency funding; expanding uses for housing infrastructure bonds; amending Minnesota Statutes 2022,


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 926

sections 462A.05, subdivision 14, by adding subdivisions; 462A.204, subdivision 3; 462A.22, subdivision 1; 462A.36, subdivision 4, by adding a subdivision; 462A.37, subdivisions 1, 2, 4, 5, by adding a subdivision; 462A.38, subdivision 1; 462A.39, subdivisions 2, 5; Laws 2021, First Special Session chapter 8, article 1, section 3, subdivision 11.

 

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

 

 

Keeler introduced:

 

H. F. No. 1875, A bill for an act relating to education; providing for American Indian education for all students; requiring a report; appropriating money; amending Minnesota Statutes 2022, sections 13.32, subdivision 3; 120B.021, subdivisions 2, 4, by adding a subdivision; 122A.187, by adding a subdivision; 122A.63, by adding a subdivision; 124D.095, subdivision 2; 124D.73, by adding a subdivision; 124D.74, subdivisions 1, 3, 4, by adding a subdivision; 124D.76; 124D.78; 124D.79, subdivision 2; 124D.791, subdivision 4; 124D.81; 144.4165; proposing coding for new law in Minnesota Statutes, chapters 121A; 124D.

 

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

 

 

Hudson introduced:

 

H. F. No. 1876, A bill for an act relating to elections; judicial offices; repealing requirement that the term incumbent be printed next to the incumbent candidate's name on the ballot; repealing Minnesota Statutes 2022, section 204B.36, subdivision 5.

 

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

 

 

Becker-Finn introduced:

 

H. F. No. 1877, A bill for an act relating to public safety; modifying the definition of park zone in the controlled substances law; amending Minnesota Statutes 2022, section 152.01, subdivision 12a.

 

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

 

 

Niska; Franson; Hudson; Neu Brindley; Engen; Nash; McDonald; Scott; Johnson; Daudt; O'Driscoll; Novotny; Nelson, N.; Witte; Gillman; Altendorf; Pfarr; Robbins and Schultz introduced:

 

H. F. No. 1878, A bill for an act relating to business organizations; establishing a Bail Abatement Nonprofit Exclusion (BANE) Act; proposing coding for new law in Minnesota Statutes, chapter 317A.

 

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

 

 

Hudson introduced:

 

H. F. No. 1879, A bill for an act relating to health; requiring health care providers administering vaccines to disclose certain information to patients; requiring reports of adverse reactions to vaccines; specifying content of an informed consent form; proposing coding for new law in Minnesota Statutes, chapter 144.

 

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


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 927

Hicks; Hanson, J.; Olson, L.; Baker; Davids; Lislegard; Petersburg; Mekeland; Harder; Daniels; Backer; Gillman; Zeleznikar; Franson and Kiel introduced:

 

H. F. No. 1880, A bill for an act relating to human services; modifying the disability waiver rate system; amending Minnesota Statutes 2022, section 256B.4914, subdivisions 3, 5, 5a, 5b, 9, by adding a subdivision; repealing Minnesota Statutes 2022, section 256B.4914, subdivisions 9a, 10c.

 

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

 

 

Smith; Gomez; Coulter; Curran; Pursell; Her; Hussein; Sencer-Mura; Lee, K., and Hollins introduced:

 

H. F. No. 1881, A bill for an act relating to taxation; income; requiring an addition for deemed capital gains on certain assets of a decedent; amending Minnesota Statutes 2022, sections 289A.19, by adding a subdivision; 290.0131, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 290.

 

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

 

 

Anderson, P. H., introduced:

 

H. F. No. 1882, A bill for an act relating to health; requiring certain health care providers to provide patients with information about diagnosis, treatment, and prognosis orally and in writing; allowing health-related licensing boards to discipline providers for violations; 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.

 

 

Smith, Curran, Hicks, Liebling, Pursell, Sencer-Mura, Brand, Her, Hussein and Lee, K., introduced:

 

H. F. No. 1883, A bill for an act relating to human services; expanding medical assistance hospice service coverage to include room and board; amending Minnesota Statutes 2022, section 256B.0625, subdivision 22.

 

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

 

 

Smith; West; Jordan; Curran; Hassan; Sencer-Mura; Pursell; Norris; Edelson; Hussein; Hicks; Lee, K., and Hollins introduced:

 

H. F. No. 1884, A bill for an act relating to health care; establishing a psychedelic medicine task force; requiring a report.

 

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

 

 

Berg; Hanson, J.; Noor; Frazier and Wolgamott introduced:

 

H. F. No. 1885, A bill for an act relating to education finance; appropriating money for a grant to the African American Registry; requiring a report.

 

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


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 928

Altendorf, Harder, Jacob, Urdahl, Becker-Finn, Nash, Hollins and Hicks introduced:

 

H. F. No. 1886, A bill for an act relating to capital investment; extending an appropriation for the National Eagle Center and Wabasha riverfront revitalization projects; amending Laws 2018, chapter 214, article 1, section 21, subdivision 29, as amended.

 

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

 

 

Hudson introduced:

 

H. F. No. 1887, A bill for an act relating to state government; prohibiting closing of places of worship during an emergency declaration; proposing coding for new law in Minnesota Statutes, chapter 12.

 

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

 

 

Hudson introduced:

 

H. F. No. 1888, A bill for an act relating to genetic information; modifying existing law on the use of genetic information by government entities; creating new consumer protection law regarding use of genetic information; amending Minnesota Statutes 2022, section 13.386; proposing coding for new law in Minnesota Statutes, chapter 325F.

 

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

 

 

Hudson introduced:

 

H. F. No. 1889, A bill for an act relating to human services; limiting use of funds for state-sponsored health programs for funding abortions.

 

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

 

 

Hudson introduced:

 

H. F. No. 1890, A bill for an act relating to public safety; prohibiting commercial vehicles from driving in the left lane; amending Minnesota Statutes 2022, section 169.18, by adding a subdivision.

 

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

 

 

Hudson introduced:

 

H. F. No. 1891, A bill for an act relating to taxation; individual income; providing a subtraction for health insurance premiums; amending Minnesota Statutes 2022, sections 290.0132, by adding a subdivision; 290.091, subdivision 2.

 

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


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 929

Hudson introduced:

 

H. F. No. 1892, A bill for an act relating to consumer data privacy; requiring a consumer's consent prior to collecting personal information; proposing coding for new law in Minnesota Statutes, chapter 325M.

 

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

 

 

Hudson introduced:

 

H. F. No. 1893, A bill for an act proposing an amendment to the Minnesota Constitution, article I, section 10; providing that the right of citizens to be secure from unreasonable searches and seizures includes protection against unreasonable searches and seizures of electronic communications and data.

 

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

 

 

Hudson introduced:

 

H. F. No. 1894, A bill for an act relating to public safety; establishing the Human Trafficking and Child Exploitation Prevention Act; providing for rulemaking; requiring a report; proposing coding for new law in Minnesota Statutes, chapter 609.

 

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

 

 

Hudson introduced:

 

H. F. No. 1895, A bill for an act relating to state government; providing for religious protections during emergency declarations; proposing coding for new law in Minnesota Statutes, chapter 144.

 

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

 

 

Hudson introduced:

 

H. F. No. 1896, A bill for an act relating to state government; prohibiting enforcement of government vaccine mandates; allowing proof of presence of natural antibodies as an alternative to vaccination; proposing coding for new law in Minnesota Statutes, chapter 144.

 

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

 

 

Hudson introduced:

 

H. F. No. 1897, A bill for an act relating to public safety; allowing permitted and trained school staff to carry firearms; amending Minnesota Statutes 2022, sections 609.66, subdivision 1d; 624.714, subdivision 18, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 299C.

 

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


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 930

Hudson introduced:

 

H. F. No. 1898, A bill for an act relating to human services; establishing a legislative task force on family foster care and adoption; requiring a report; appropriating money.

 

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

 

 

Hudson introduced:

 

H. F. No. 1899, A bill for an act relating to civil actions; establishing immunity from COVID-19 liability; proposing coding for new law in Minnesota Statutes, chapter 604A.

 

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

 

 

Hollins introduced:

 

H. F. No. 1900, A bill for an act relating to natural resources; proposing an amendment to the Minnesota Constitution, article XI, section 14; providing for the renewal of the environment and natural resources trust fund; amending Minnesota Statutes 2022, section 349A.08, subdivision 5.

 

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

 

 

Hudson introduced:

 

H. F. No. 1901, A bill for an act proposing an amendment to the Minnesota Constitution; adding a section to article I; protecting the right of the people to keep and bear arms.

 

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

 

 

Hudson introduced:

 

H. F. No. 1902, A bill for an act relating to state government; prohibiting the State Board of Investment from investing in companies that boycott mining, energy production, production agriculture, or commercial lumber production; requiring the State Board of Investment to divest from companies that boycott mining, energy production, production agriculture, or commercial lumber production; prohibiting the state of Minnesota or any state agency from entering into contracts with companies that boycott mining, energy production, production agriculture, or commercial lumber production; prohibiting banks, credit unions, financial institutions, payment processors, savings and loan associations, and trust companies from discriminating against people based on certain subjective criteria; providing for civil penalties; requiring a report; proposing coding for new law in Minnesota Statutes, chapters 11A; 16; 46.

 

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

 

 

Hudson introduced:

 

H. F. No. 1903, A bill for an act relating to public safety; classifying drag performances as adult entertainment; expanding location restrictions of an adult entertainment establishment; amending Minnesota Statutes 2022, section 617.242, subdivisions 1, 4.

 

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


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 931

Hudson introduced:

 

H. F. No. 1904, A bill for an act relating to data privacy; establishing neurodata rights; modifying certain crimes to add neurodata elements; providing civil and criminal penalties; amending Minnesota Statutes 2022, sections 13.04, by adding a subdivision; 609.88, subdivision 2; 609.891, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 325E.

 

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

 

 

Hudson introduced:

 

H. F. No. 1905, A bill for an act relating to health; prohibiting local enforcement of federal vaccine passports; creating a civil cause of action; proposing coding for new law in Minnesota Statutes, chapter 144.

 

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

 

 

Hudson introduced:

 

H. F. No. 1906, A bill for an act relating to family law; modifying custody and parenting time presumptions; amending Minnesota Statutes 2022, sections 518.17, subdivision 1; 518.175, subdivision 1.

 

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

 

 

Hudson introduced:

 

H. F. No. 1907, A bill for an act relating to energy; abolishing prohibition on issuing certificate of need for new nuclear power plant; amending Minnesota Statutes 2022, 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.

 

 

Hudson introduced:

 

H. F. No. 1908, A bill for an act relating to education; creating education savings accounts as a learning option for students; appropriating money; amending Laws 2021, First Special Session chapter 13, article 1, section 10, subdivision 2; article 2, section 4, subdivisions 2, 3, 4, 12, 13; article 3, section 7, subdivision 7; article 7, section 2, subdivision 3; article 8, section 3, subdivisions 2, 3, 4; article 11, section 4, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 124D.

 

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

 

 

Petersburg introduced:

 

H. F. No. 1909, A bill for an act relating to the Metropolitan Council; modifying requirements of a study on post-COVID pandemic public transportation; amending Laws 2021, First Special Session chapter 5, article 4, section 143.

 

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


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 932

Petersburg and Torkelson introduced:

 

H. F. No. 1910, A bill for an act relating to transportation; appropriating money for the corridors of commerce program.

 

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

 

 

Petersburg and Torkelson introduced:

 

H. F. No. 1911, A bill for an act relating to transportation; appropriating money for local roads and bridges; authorizing sale and issuance of general obligation bonds.

 

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

 

 

Hanson, J.; Pelowski; Vang; Coulter; Robbins; Wolgamott; Howard; Lillie; Pryor and O'Neill introduced:

 

H. F. No. 1912, A bill for an act relating to higher education; decreasing the assigned student responsibility for the state grant program; appropriating money; amending Minnesota Statutes 2022, section 136A.121, subdivision 5.

 

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

 

 

Finke, Davids and Olson, L., introduced:

 

H. F. No. 1913, A bill for an act relating to human services; modifying nursing facility property payment rates; amending Minnesota Statutes 2022, section 256R.26, subdivision 9.

 

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

 

 

Sencer-Mura, Noor and Hassan introduced:

 

H. F. No. 1914, A bill for an act relating to education finance; authorizing grants to improve students' digital technology skills and support digital learning; appropriating money.

 

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

 

 

Franson, Knudsen and Fogelman introduced:

 

H. F. No. 1915, A bill for an act relating to health care; authorizing pharmacists to prescribe, dispense, and administer hydroxychloroquine and ivermectin for preexposure prophylaxis use, postexposure prophylaxis use, or the treatment of COVID-19; amending Minnesota Statutes 2022, sections 151.01, subdivision 27; 151.37, by adding a subdivision.

 

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

 

 

Tabke and Bakeberg introduced:

 

H. F. No. 1916, A bill for an act relating to transit; providing for certain expansion of the Metro Mobility service area; appropriating money; amending Minnesota Statutes 2022, section 473.386, subdivision 3.

 

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


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 933

Rehm introduced:

 

H. F. No. 1917, A bill for an act relating to education finance; modifying the distribution of aid to regional public library systems; linking regional library basic system support aid to future increases in the basic formula allowance; appropriating money; amending Minnesota Statutes 2022, section 134.355, subdivisions 1, 5, 6, 7.

 

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

 

 

Kozlowski, Keeler and Hansen, R., introduced:

 

H. F. No. 1918, A bill for an act relating to energy; authorizing the Department of Commerce to assist any Tribal advocacy council on energy established by the 11 federally recognized Indian Tribes in Minnesota.

 

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

 

 

Keeler and Kozlowski introduced:

 

H. F. No. 1919, A bill for an act relating to capital investment; appropriating money for a White Earth Area Health and Wellness Center in the city of Mahnomen.

 

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

 

 

Kozlowski and Olson, L., introduced:

 

H. F. No. 1920, A bill for an act relating to economic development; appropriating money for redevelopment grants and demolition loans.

 

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

 

 

Sencer-Mura introduced:

 

H. F. No. 1921, A bill for an act relating to public safety; requiring accident report within 48 hours if accident results in a fatality; amending Minnesota Statutes 2022, section 169.09, subdivision 8.

 

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

 

 

Smith introduced:

 

H. F. No. 1922, A bill for an act relating to tourism; modifying membership of the Explore Minnesota Tourism Council; amending Minnesota Statutes 2022, section 116U.25.

 

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


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 934

Wolgamott introduced:

 

H. F. No. 1923, A bill for an act relating to retirement; Public Employees Retirement Association; permitting the transfer of service credit from the general employees retirement plan to the police and fire retirement plan for two employees of the Metropolitan Airports Commission.

 

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

 

 

Wolgamott and Perryman introduced:

 

H. F. No. 1924, A bill for an act relating to health care; appropriating money for the CentraCare Health System University of Minnesota Medical School Campus.

 

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

 

 

Lee, F., introduced:

 

H. F. No. 1925, A bill for an act relating to capital investment; appropriating money for a new facility for Avenues for Youth.

 

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

 

 

Hassan, Gomez, Noor, Xiong, Frazier and Hussein introduced:

 

H. F. No. 1926, A bill for an act relating to capital investment; appropriating money for capital improvements at the Sabathani Community Center in the city of Minneapolis.

 

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

 

 

Pérez-Vega introduced:

 

H. F. No. 1927, A bill for an act relating to capital investment; appropriating money for Open Arms of Minnesota.

 

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

 

 

Clardy, Richardson and Hansen, R., introduced:

 

H. F. No. 1928, A bill for an act relating to capital investment; appropriating money for highway safety improvements for pedestrian and bicycle trails in Dakota County; authorizing the sale and issuance of state bonds.

 

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


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 935

Lislegard introduced:

 

H. F. No. 1929, A bill for an act relating to taxation; tax-forfeited land sales; modifying apportionment of the net proceeds from the sale of tax-forfeited land; amending Minnesota Statutes 2022, section 282.08.

 

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

 

 

Freiberg; Edelson; Hornstein; Bierman; Hollins; Hemmingsen-Jaeger; Bahner; Elkins; Kraft; Olson, L.; Frazier; Smith; Reyer; Acomb; Kozlowski and Lee, F., introduced:

 

H. F. No. 1930, A bill for an act relating to health; establishing an end-of-life option for terminally ill adults; 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.

 

 

Wiener, Knudsen, Mekeland, Zeleznikar and Perryman introduced:

 

H. F. No. 1931, A bill for an act relating to public safety; clarifying law on use of force in self-defense; eliminating the common law duty to retreat in cases of self-defense outside the home; expanding the boundaries of dwelling for purposes of self-defense; creating presumption of right to self-defense; amending Minnesota Statutes 2022, sections 609.06, subdivision 1; 609.065; proposing coding for new law in Minnesota Statutes, chapter 609.

 

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

 

 

Wiener introduced:

 

H. F. No. 1932, A bill for an act relating to capital investment; extending the bond authorization and appropriation of bond proceeds for a capital project in the city of Wadena; amending Laws 2018, chapter 214, article 1, section 16, subdivision 14.

 

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

 

 

Edelson introduced:

 

H. F. No. 1933, A bill for an act relating to economic development; appropriating money for the fitness industry recovery grant program; requiring a report.

 

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

 

 

Edelson introduced:

 

H. F. No. 1934, A bill for an act relating to workforce development; appropriating money for robotics teams and STEM internships.

 

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


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 936

Stephenson introduced:

 

H. F. No. 1935, A bill for an act relating to commerce; requiring the commissioner of commerce to conduct an evaluation of existing statutory health benefit mandates under the process set forth in Minnesota Statutes, section 62J.26; appropriating money.

 

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

 

 

Howard introduced:

 

H. F. No. 1936, A bill for an act relating to taxation; individual income; disallowing the itemized deduction for mortgage interest on a second home; appropriating money for the home ownership assistance program; amending Minnesota Statutes 2022, section 290.0122, subdivision 5.

 

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

 

 

Newton introduced:

 

H. F. No. 1937, A bill for an act relating to state government; establishing a budget for the Department of Military Affairs and the Department of Veterans Affairs; modifying veterans bonus program and Minnesota GI bill program provisions; requiring reports; appropriating money; amending Minnesota Statutes 2022, sections 197.79, subdivisions 1, 2, by adding a subdivision; 197.791, subdivisions 5, 6, 7; Laws 2021, First Special Session chapter 12, article 1, section 37, subdivisions 1, 2.

 

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

 

 

Gomez introduced:

 

H. F. No. 1938, A bill for an act relating to taxation; modifying individual income and corporate franchise taxes, sales and use taxes, property taxes, local government aids, and other miscellaneous taxes and tax provisions; modifying income tax additions, subtractions, and credits; modifying taxes on capital gains; proposing a child tax credit; proposing an advance payment and one-time refundable tax credit; modifying cannabis-related sales and use tax provisions; proposing sales tax exemptions for certain entities; modifying eligibility for certain property tax programs; modifying the formula and adding definitions for the calculation of local government aids; proposing new forms of local government aids; appropriating money; amending Minnesota Statutes 2022, sections 116J.8737, subdivisions 5, 12; 270C.52, subdivision 2; 273.124, subdivisions 6, 13, 13a, 13c, 13d, 14; 273.1245, subdivision 1; 273.1315, subdivision 2; 273.1387, subdivision 2; 289A.08, subdivisions 7, as amended, 7a, as amended; 290.0131, by adding a subdivision; 290.0132, subdivision 26; 290.06, subdivision 2c, as amended; 290.067; 290.0671, subdivision 1; 290.0674, subdivisions 2, 2a, by adding a subdivision; 290.0677, subdivision 1; 290.0681, subdivisions 3, 10; 290.091, subdivision 2, as amended; 290B.03, subdivision 1; 290B.04, subdivisions 3, 4; 290B.05, subdivision 1; 297A.61, by adding subdivisions; 297A.67, subdivisions 2, 7; 297A.70, subdivisions 2, 4, 18; 297A.71, by adding a subdivision; 297A.75, subdivisions 1, 2, 3; 477A.011, subdivision 34, by adding subdivisions; 477A.0124, subdivision 2; 477A.013, subdivisions 8, 9; 477A.03, subdivisions 2a, 2b; Laws 2006, chapter 259, article 11, section 3, as amended; Laws 2023, chapter 1, section 15; proposing coding for new law in Minnesota Statutes, chapters 290; 477A; repealing Minnesota Statutes 2022, sections 290.0132, subdivision 33; 477A.011, subdivisions 30a, 38, 42, 45; 477A.013, subdivision 13.

 

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


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 937

Sencer-Mura, Xiong, Hollins, Kozlowski, Gomez, Hassan and Noor introduced:

 

H. F. No. 1939, A bill for an act relating to workforce development; appropriating money for workforce development in the fields of construction, clean energy, and energy efficiency.

 

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

 

 

Bierman and Reyer introduced:

 

H. F. No. 1940, A bill for an act relating to health; clarifying terms for certain members of the Palliative Care Advisory Council; eliminating the sunset on the Palliative Care Advisory Council; requiring a report; appropriating money; repealing Minnesota Statutes 2022, section 144.059, subdivision 10.

 

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

 

 

Anderson, P. E., and Hill introduced:

 

H. F. No. 1941, A bill for an act relating to capital investment; appropriating money for stormwater management and flood control capital improvements in the city of Forest Lake; authorizing the sale and issuance of state bonds.

 

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

 

 

Coulter, Freiberg, Pursell, Garofalo, Acomb and Richardson introduced:

 

H. F. No. 1942, A bill for an act relating to elections; authorizing mail balloting in any town or any city with fewer than 400 registered voters; amending Minnesota Statutes 2022, section 204B.45, subdivision 1.

 

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

 

 

Noor introduced:

 

H. F. No. 1943, A bill for an act relating to capital investment; appropriating money for the new Cedar  Riverside Recreation Center; authorizing the sale and issuance of state bonds.

 

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

 

 

Petersburg introduced:

 

H. F. No. 1944, A bill for an act relating to workforce development; appropriating money for workforce training in Owatonna and Steele counties.

 

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


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 938

Hansen, R.; Tabke; Pursell; Urdahl; Lee, F.; Fischer; Nelson, M.; Jordan; Becker-Finn; Anderson, P. H.; Freiberg and Wolgamott introduced:

 

H. F. No. 1945, A bill for an act relating to natural resources; appropriating money for reinvest in Minnesota (RIM) reserve program.

 

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

 

 

Becker-Finn; Moller; Hortman; Curran; Frazier; Long; Pinto; Hansen, R.; Howard; Her; Stephenson; Youakim; Berg; Pursell; Rehm; Jordan and Kotyza-Witthuhn introduced:

 

H. F. No. 1946, A bill for an act relating to public safety; prohibiting the possession of dangerous weapons in the Capitol complex; amending Minnesota Statutes 2022, sections 299E.04, subdivision 4; 609.66, subdivision 1g.

 

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

 

 

Koegel introduced:

 

H. F. No. 1947, A bill for an act relating to transportation; appropriating money for intercity passenger rail corridors and projects.

 

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

 

 

Keeler, Kozlowski, Skraba, Becker-Finn and Frazier introduced:

 

H. F. No. 1948, A bill for an act relating to public safety; appropriating money for Grand Portage Band of Lake Superior Chippewa Tribal coast guard services.

 

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

 

 

Richardson introduced:

 

H. F. No. 1949, A bill for an act relating to state government; appropriating money to the Minnesota Amateur Sports Commission to study the development of the United States Amateur Sports and Training Center in Dakota County in partnership with the cities of Eagan and Inver Grove Heights; requiring a report.

 

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

 

 

Richardson introduced:

 

H. F. No. 1950, A bill for an act relating to capital investment; appropriating money for Oheyawahe (Pilot Knob) in Mendota Heights; authorizing the sale and issuance of state bonds.

 

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


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 939

Franson and Joy introduced:

 

H. F. No. 1951, A bill for an act relating to education; modifying CPR and AED instruction provisions to include the Health and Safety Institute; amending Minnesota Statutes 2022, section 120B.236.

 

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

 

 

Franson, Knudsen and Fogelman introduced:

 

H. F. No. 1952, A bill for an act relating to elections; establishing a procedure for the chair of either of the state's two largest major political parties to request a forensic audit of a state primary or state general election; proposing coding for new law in Minnesota Statutes, chapter 204C.

 

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

 

 

Franson, Knudsen and Fogelman introduced:

 

H. F. No. 1953, A bill for an act relating to higher education; expanding exceptions from immunizations; amending Minnesota Statutes 2022, section 135A.14, subdivision 3, by adding a subdivision.

 

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

 

 

Franson and Knudsen introduced:

 

H. F. No. 1954, A bill for an act relating to civil law; prohibiting online content discrimination; authorizing civil action; proposing coding for new law as Minnesota Statutes, chapter 363B.

 

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

 

 

Franson introduced:

 

H. F. No. 1955, A bill for an act relating to taxation; repealing the requirement for June accelerated payments for cigarette and tobacco taxes and liquor taxes; amending Minnesota Statutes 2022, sections 297F.09, subdivisions 1, 2; 297F.25, subdivision 2; repealing Minnesota Statutes 2022, sections 297F.09, subdivision 10; 297G.09, subdivision 9.

 

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

 

 

Franson and Knudsen introduced:

 

H. F. No. 1956, A bill for an act relating to education; providing for short-call substitute teacher licensing provisions for rural Minnesota; amending Minnesota Statutes 2022, section 122A.18, by adding a subdivision.

 

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


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 940

Hollins, Frazier and Agbaje introduced:

 

H. F. No. 1957, A bill for an act relating to higher education; appropriating money for a grant to the Minnesota Association of Black Lawyers for a pilot program for black Minnesota undergraduates exploring law school and legal careers; requiring a report.

 

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

 

 

Pfarr introduced:

 

H. F. No. 1958, A bill for an act relating to capital investment; appropriating money for a water treatment plant in the city of Elysian; authorizing the sale and issuance of state bonds.

 

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

 

 

Hill introduced:

 

H. F. No. 1959, A bill for an act relating to local taxes; authorizing the city of Stillwater to impose a sales and use tax.

 

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

 

 

REPORT FROM THE COMMITTEE ON RULES

AND LEGISLATIVE ADMINISTRATION

 

      Long from the Committee on Rules and Legislative Administration, pursuant to rules 1.21 and 3.33, designated the following bills to be placed on the Calendar for the Day for Monday, February 20, 2023 and established a prefiling requirement for amendments offered to the following bills:

 

      H. F. Nos. 16, 55, 30, 45 and 56.

 

 

CALENDAR FOR THE DAY

 

 

      H. F. No. 43, A bill for an act relating to public safety; setting the maximum term of incarceration for a gross misdemeanor at 364 days; amending Minnesota Statutes 2022, sections 609.02, subdivision 2; 609.03; 609.105, subdivisions 1, 3; 609.1055; proposing coding for new law in Minnesota Statutes, chapter 609.

 

 

      The bill was read for the third time and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 125 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Agbaje

Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Bahner

Baker

Becker-Finn

Bennett

Berg

Bierman

Bliss

Brand

Burkel

Carroll

Cha

Clardy

Coulter

Curran

Daniels

Daudt

Davids

Demuth


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 941

Dotseth

Edelson

Elkins

Engen

Feist

Finke

Fischer

Franson

Frazier

Frederick

Freiberg

Garofalo

Gillman

Gomez

Greenman

Grossell

Hansen, R.

Hanson, J.

Harder

Hassan

Heintzeman

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Hudella

Hudson

Huot

Hussein

Igo

Jacob

Johnson

Jordan

Joy

Keeler

Kiel

Klevorn

Knudsen

Koegel

Kotyza-Witthuhn

Kozlowski

Koznick

Kraft

Kresha

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Mekeland

Moller

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, M.

Newton

Niska

Noor

Norris

O'Driscoll

Olson, B.

Olson, L.

O'Neill

Pelowski

Pérez-Vega

Perryman

Petersburg

Pfarr

Pinto

Pryor

Pursell

Quam

Rehm

Reyer

Richardson

Robbins

Schomacker

Schultz

Scott

Sencer-Mura

Skraba

Smith

Stephenson

Tabke

Torkelson

Urdahl

Vang

Wiener

Wiens

Witte

Wolgamott

Xiong

Youakim

Zeleznikar

Spk. Hortman


 

 

      The bill was passed and its title agreed to.

 

 

      H. F. No. 42 was reported to the House.

 

 

      O'Neill offered an amendment to H. F. No. 42, the first engrossment.

 

 

POINT OF ORDER

 

      Olson, L., raised a point of order pursuant to rule 4.05, relating to Amendment Limits, that the O'Neill amendment was not in order.  Speaker pro tempore Wolgamott ruled the point of order well taken and the O'Neill amendment out of order.

 

 

      Nash appealed the decision of Speaker pro tempore Wolgamott.

 

 

      A roll call was requested and properly seconded.

 

 

      The vote was taken on the question "Shall the decision of Speaker pro tempore Wolgamott stand as the judgment of the House?" and the roll was called.  There were 70 yeas and 57 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bierman

Brand

Carroll

Cha

Clardy

Coulter

Curran

Edelson

Elkins

Feist

Finke

Fischer

Frazier

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Huot

Hussein

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Kozlowski

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Moller

Nelson, M.

Newton

Noor

Norris

Olson, L.

Pelowski


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 942

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Richardson

Sencer-Mura

Smith

Stephenson

Tabke

Vang

Wolgamott

Xiong

Youakim

Spk. Hortman


 

      Those who voted in the negative were:

 


Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Baker

Bennett

Bliss

Burkel

Daniels

Daudt

Davids

Demuth

Dotseth

Engen

Franson

Garofalo

Gillman

Grossell

Harder

Heintzeman

Hudella

Hudson

Igo

Jacob

Johnson

Joy

Kiel

Knudsen

Koznick

Kresha

Mekeland

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, N.

Niska

Novotny

O'Driscoll

Olson, B.

O'Neill

Perryman

Petersburg

Pfarr

Quam

Robbins

Schomacker

Schultz

Scott

Skraba

Torkelson

Urdahl

Wiener

Wiens

Witte

Zeleznikar


 

 

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

 

 

      H. F. No. 42, A bill for an act relating to public safety; amending definitions of labor trafficking; establishing enhanced penalties for labor trafficking when the trafficking occurs over an extended period of time or when a victim dies or suffers great bodily harm; including coerced labor or services as aggravating factor to penalty for sex trafficking; making conforming changes related to the statewide human trafficking assessment; amending Minnesota Statutes 2022, sections 299A.78, subdivision 1; 299A.79, subdivision 3; 609.281, subdivisions 3, 4, 5; 609.282, subdivision 1, by adding a subdivision; 609.321, by adding subdivisions; 609.322, subdivision 1; repealing Minnesota Statutes 2022, section 609.281, subdivision 2.

 

 

      The bill was read for the third time and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 127 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Agbaje

Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Bahner

Baker

Becker-Finn

Bennett

Berg

Bierman

Bliss

Brand

Burkel

Carroll

Cha

Clardy

Coulter

Curran

Daniels

Daudt

Davids

Demuth

Dotseth

Edelson

Elkins

Engen

Feist

Finke

Fischer

Franson

Frazier

Frederick

Freiberg

Garofalo

Gillman

Gomez

Greenman

Grossell

Hansen, R.

Hanson, J.

Harder

Hassan

Heintzeman

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Hudella

Hudson

Huot

Hussein

Igo

Jacob

Johnson

Jordan

Joy

Keeler

Kiel

Klevorn

Knudsen

Koegel

Kotyza-Witthuhn

Kozlowski

Koznick

Kraft

Kresha

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Mekeland

Moller

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, M.

Nelson, N.

Newton

Niska

Noor

Norris

Novotny

O'Driscoll

Olson, B.

Olson, L.

O'Neill

Pelowski

Pérez-Vega

Perryman

Petersburg

Pfarr

Pinto

Pryor

Pursell

Quam

Rehm

Reyer

Richardson

Robbins

Schomacker

Schultz

Scott

Sencer-Mura

Skraba

Smith


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 943

Stephenson

Tabke

Torkelson

Urdahl

Vang

Wiener

Wiens

Witte

Wolgamott

Xiong

Youakim

Zeleznikar

Spk. Hortman


 

 

      The bill was passed and its title agreed to.

 

 

      H. F. No. 62 was reported to the House.

 

 

Nash moved to amend H. F. No. 62, the third engrossment, as follows:

 

Page 2, after line 26, insert:

 

"Sec. 3.  Minnesota Statutes 2022, section 179A.041, is amended to read:

 

179A.041 PUBLIC EMPLOYMENT RELATIONS BOARD; POWER, AUTHORITY, AND DUTIES.

 

Subdivision 1.  Membership Appointment.  The Public Employment Relations Board is established with three members.  One member shall be an officer or employee of an exclusive representative of public employees and shall be appointed by the governor; one shall be representative of public employers and shall be appointed by the governor; and one shall be representative of the public at large and shall be appointed by the other two members.  Public employers and employee organizations representing public employees may submit for consideration names of persons representing their interests.  The board shall select one of its members to serve as chair for a term beginning July 1 of each year.  The chief administrative judge shall appoint and assign three administrative law judges, as provided under chapter 14, to serve as members of the board.

 

Subd. 2.  Alternate members Assignment.  (a) The appointing authorities shall appoint alternate members to serve only in the case of a member having a conflict of interest under subdivision 9, as follows:

 

(1) one alternate, appointed by the governor, who is an officer or employee of an exclusive representative of public employees, to serve as an alternate to the member appointed by the governor who is an officer or employee of an exclusive representative of public employees.  This alternate must not be an officer or employee of the same exclusive representative of public employees as the member for whom the alternate serves;

 

(2) one alternate, appointed by the governor, who is a representative of public employers, to serve as an alternate to the member appointed by the governor who is a representative of public employers.  This alternate must not represent the same public employer as the member for whom the alternate serves; and

 

(3) one alternate, appointed by the member who is an officer or employee of an exclusive representative of public employees and the member who is a representative of public employers, who is not an officer or employee of an exclusive representative of public employees, or a representative of a public employer, to serve as an alternate for the member that represents the public at large.

 

(b) Each alternate member shall serve a term that is coterminous with the term of the member for whom the alternate member serves as an alternate.

 

The chief administrative law judge shall assign alternate administrative law judges as provided under section 14.50 to serve only in the case of a judge having a conflict of interest under subdivision 9.


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 944

Subd. 3.  Terms; compensation Requirements.  The membership terms Requirements, compensation, and removal of members, and filling of vacancies for members and alternate members administrative law judges appointed and assigned to the board shall be as provided in section 15.0575 14.48.

 

Subd. 4.  Rules; meetings Hearings.  The board chief administrative law judge shall adopt rules governing its the board's procedure for hearing cases, as provided under section 14.51, and the board shall hold meetings hearings as prescribed in those rules.  The chair shall convene and preside at meetings of the board.

 

Subd. 5.  Powers.  The board shall have the powers and authority required for the board to take the actions assigned to the board under section 179A.13.

 

Subd. 6.  Appeals.  In addition to the other powers and duties given it by law, the board shall hear and decide appeals from:

 

(1) recommended decisions and orders relating to an unfair labor practice under section 179A.13; and

 

(2) determinations of the commissioner under section 179A.12, subdivision 11.

 

Subd. 7.  Rulemaking.  The board chief administrative law judge shall adopt rules under chapter 14 governing the presentation of issues and the taking of appeals under subdivision 6.  All issues and appeals presented to the board shall be determined upon the record of hearing, except that the board may request additional evidence when necessary or helpful.

 

Subd. 8.  Employees and contracts.  The board may hire investigators, hearing officers, and other employees as necessary to perform its duties, including court reporters as provided under section 14.52, or may enter into contracts to perform any of the board's duties.

 

Subd. 9.  Conflict of interest.  A member An administrative law judge must disclose any conflict of interest in a case before the board and shall not take any action or vote in the case.  The person designated chief administrative law judge shall assign another administrative law judge as the recused member's judge's alternate who shall serve in place of the member who has a conflict for all actions and votes recused judge on the case, unless the alternate has a conflict of interest.  If both a member judge and the member's judge's alternate have a conflict of interest in a case, the appointing authority chief administrative law judge will appoint assign a second alternate member administrative law judge, who meets the same requirements as the alternate member judge and who has no conflict of interest, to take action and vote in the case.  A board member or alternate member has a conflict of interest in a case if the member is employed by, an officer of, a member of the governing body of, or a member of, a party in the case.

 

EFFECTIVE DATE.  This section is effective July 1, 2023."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Nash amendment and the roll was called.  There were 57 yeas and 70 nays as follows:

 

      Those who voted in the affirmative were:

 


Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Baker

Bennett

Bliss

Burkel

Daniels

Daudt

Davids

Demuth

Dotseth

Engen

Franson

Garofalo

Gillman

Grossell


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 945

Harder

Heintzeman

Hudella

Hudson

Igo

Jacob

Johnson

Joy

Kiel

Knudsen

Koznick

Kresha

Mekeland

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, N.

Niska

Novotny

O'Driscoll

Olson, B.

O'Neill

Perryman

Petersburg

Pfarr

Quam

Robbins

Schomacker

Schultz

Scott

Skraba

Torkelson

Urdahl

Wiener

Wiens

Witte

Zeleznikar


 

      Those who voted in the negative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bierman

Brand

Carroll

Cha

Clardy

Coulter

Curran

Edelson

Elkins

Feist

Finke

Fischer

Frazier

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Huot

Hussein

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Kozlowski

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Moller

Nelson, M.

Newton

Noor

Norris

Olson, L.

Pelowski

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Richardson

Sencer-Mura

Smith

Stephenson

Tabke

Vang

Wolgamott

Xiong

Youakim

Spk. Hortman


 

 

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

 

 

      H. F. No. 62, A bill for an act relating to labor; modifying Public Employment Relations Board data; appropriating money; amending Minnesota Statutes 2022, sections 13.43, subdivision 6; 179A.041, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 13.

 

 

      The bill was read for the third time and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 70 yeas and 57 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bierman

Brand

Carroll

Cha

Clardy

Coulter

Curran

Edelson

Elkins

Feist

Finke

Fischer

Frazier

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Huot

Hussein

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Kozlowski

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Moller

Nelson, M.

Newton

Noor

Norris

Olson, L.

Pelowski

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Richardson

Sencer-Mura

Smith

Stephenson

Tabke

Vang

Wolgamott

Xiong

Youakim

Spk. Hortman


 

      Those who voted in the negative were:

 


Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Baker

Bennett

Bliss

Burkel

Daniels

Daudt

Davids

Demuth

Dotseth

Engen

Franson

Garofalo

Gillman

Grossell


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 946

Harder

Heintzeman

Hudella

Hudson

Igo

Jacob

Johnson

Joy

Kiel

Knudsen

Koznick

Kresha

Mekeland

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, N.

Niska

Novotny

O'Driscoll

Olson, B.

O'Neill

Perryman

Petersburg

Pfarr

Quam

Robbins

Schomacker

Schultz

Scott

Skraba

Torkelson

Urdahl

Wiener

Wiens

Witte

Zeleznikar


 

 

      The bill was passed and its title agreed to.

 

 

      H. F. No. 19 was reported to the House.

 

 

Olson, L., moved to amend H. F. No. 19, the third engrossment, as follows:

 

Page 3, delete lines 26 and 27

 

Renumber the subdivisions in sequence and correct the internal references

 

Page 4, line 20, after the period, insert "In no case shall this hourly rate be less than that provided under section 177.24, or an applicable local minimum wage."

 

Page 7, line 26, delete "a retaliatory personnel action" and insert "retaliation"

 

Page 7, line 32, delete "retaliatory personnel actions" and insert "retaliation"

 

Page 8, line 21, delete "retaliatory personnel actions" and insert "retaliation"

 

Page 8, line 22, delete "are" and insert "is"

 

Page 10, after line 24, insert:

 

"(d) Nothing in sections 181.9445 to 181.9448 shall be construed or applied so as to create any power or duty in conflict with federal law."

 

Page 10, line 25, delete "(d)" and insert "(e)"

 

Page 10, delete lines 30 to 33

 

Page 11, delete lines 1 to 6 and insert:

 

"(f) The provisions of sections 181.9445 to 181.9448 may be waived by a collective bargaining agreement with a bona fide building and construction trades labor organization that has established itself as the collective bargaining representative for the affected building and construction industry employees, provided that for such waiver to be valid, it shall explicitly reference sections 181.9445 to 181.9448 and clearly and unambiguously waive application of those sections to such employees."

 

Page 11, line 7, delete "(f)" and insert "(g)"

 

Page 11, line 9, delete "(g)" and insert "(h)"


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 947

Page 15, line 25, after "2024" insert ", and applies to causes of action occurring on or after that date"

 

Amend the title accordingly

 

 

Baker moved to amend the Olson, L., amendment to H. F. No. 19, the third engrossment, as follows:

 

Page 1, after line 1, insert:

 

"Page 2, line 23, delete "one" and insert "26""

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Baker amendment to the Olson, L., amendment and the roll was called.  There were 57 yeas and 70 nays as follows:

 

      Those who voted in the affirmative were:

 


Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Baker

Bennett

Bliss

Burkel

Daniels

Daudt

Davids

Demuth

Dotseth

Engen

Franson

Garofalo

Gillman

Grossell

Harder

Heintzeman

Hudella

Hudson

Igo

Jacob

Johnson

Joy

Kiel

Knudsen

Koznick

Kresha

Mekeland

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, N.

Niska

Novotny

O'Driscoll

Olson, B.

O'Neill

Perryman

Petersburg

Pfarr

Quam

Robbins

Schomacker

Schultz

Scott

Skraba

Torkelson

Urdahl

Wiener

Wiens

Witte

Zeleznikar


 

      Those who voted in the negative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bierman

Brand

Carroll

Cha

Clardy

Coulter

Curran

Edelson

Elkins

Feist

Finke

Fischer

Frazier

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Huot

Hussein

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Kozlowski

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Moller

Nelson, M.

Newton

Noor

Norris

Olson, L.

Pelowski

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Richardson

Sencer-Mura

Smith

Stephenson

Tabke

Vang

Wolgamott

Xiong

Youakim

Spk. Hortman


 

 

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

 

 

      The question recurred on the Olson, L., amendment to H. F. No. 19, the third engrossment.  The motion prevailed and the amendment was adopted.


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 948

Myers moved to amend H. F. No. 19, the third engrossment, as amended, as follows:

 

Page 9, after line 5, insert:

 

"(e) The Department of Labor and Industry shall prepare a uniform employee notice form for employers to use that provides the notice information required under this section.  The commissioner shall prepare the uniform employee notice in the five most common languages spoken in Minnesota.  Upon the request of an employer who is subject to this section, the commissioner shall provide a copy of the uniform employee notice in any primary language spoken by an employee in the employer's place of business.  If the commissioner does not comply with a request under this paragraph, the employer who makes the request is not subject to a penalty for failing to provide the required notice under this chapter."

 

 

Olson, L., moved to amend the Myers amendment to H. F. No. 19, the third engrossment, as amended, as follows:

 

Page 1, line 6, before "request" insert "written"

 

Page 1, line 9, delete "comply with" and insert "provide the copy of the uniform employee notice in response to"

 

Page 1, line 11, delete "chapter" and insert "subdivision for violations that arise after the date of the request"

 

 

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

 

 

Myers moved to amend the Myers amendment, as amended, to H. F. No. 19, the third engrossment, as amended, as follows:

 

Page 1, line 11, after the period, insert "The commissioner shall pay for any costs associated with preparing the uniform employee notice form or providing additional copies under this paragraph."

 

 

      The motion prevailed and the amendment to the amendment, as amended, was adopted.

 

 

      The question recurred on the Myers amendment, as amended, to H. F. No. 19, the third engrossment, as amended.  The motion prevailed and the amendment, as amended, was adopted.

 

 

Robbins moved to amend H. F. No. 19, the third engrossment, as amended, as follows:

 

Page 12, line 9, delete "January" and insert "March"

 

Page 13, line 20, delete "January" and insert "March"

 

Page 15, line 14, delete "January" and insert "March"

 

Page 15, line 25, delete "January" and insert "March"

 

Page 16, line 26, delete "July" and insert "September"


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 949

              A roll call was requested and properly seconded.

 

 

      The question was taken on the Robbins amendment and the roll was called.  There were 57 yeas and 70 nays as follows:

 

      Those who voted in the affirmative were:

 


Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Baker

Bennett

Bliss

Burkel

Daniels

Daudt

Davids

Demuth

Dotseth

Engen

Franson

Garofalo

Gillman

Grossell

Harder

Heintzeman

Hudella

Hudson

Igo

Jacob

Johnson

Joy

Kiel

Knudsen

Koznick

Kresha

Mekeland

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, N.

Niska

Novotny

O'Driscoll

Olson, B.

O'Neill

Perryman

Petersburg

Pfarr

Quam

Robbins

Schomacker

Schultz

Scott

Skraba

Torkelson

Urdahl

Wiener

Wiens

Witte

Zeleznikar


 

      Those who voted in the negative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bierman

Brand

Carroll

Cha

Clardy

Coulter

Curran

Edelson

Elkins

Feist

Finke

Fischer

Frazier

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Huot

Hussein

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Kozlowski

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Moller

Nelson, M.

Newton

Noor

Norris

Olson, L.

Pelowski

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Richardson

Sencer-Mura

Smith

Stephenson

Tabke

Vang

Wolgamott

Xiong

Youakim

Spk. Hortman


 

 

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

 

 

Robbins moved to amend H. F. No. 19, the third engrossment, as amended, as follows:

 

Page 15, line 27, after "TIME" insert "TAX CREDIT AND"

 

Page 16, after line 26, insert:

 

"Sec. 2.  Minnesota Statutes 2022, section 290.06, is amended by adding a subdivision to read:

 

Subd. 41.  Earned safe and sick time employer credit.  (a) An employer is allowed a credit against the taxes imposed under this chapter equal to 50 percent of the amount of earned sick and safe time paid to employees for the periods during which the employees used up to 48 hours of accrued earned sick and safe time in the manner required under section 181.9447.

 

(b) If the credit allowed under paragraph (a) exceeds the tax imposed under this chapter, the excess is a credit carryover to each of the five succeeding taxable years.  The entire amount of the excess unused credit must be carried first to the earliest taxable year to which the amount may be carried.  The unused portion of the credit must be carried to the following taxable year.  No credit may be carried to a taxable year more than five years after the taxable year in which the credit was earned.


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 950

(c) For purposes of this subdivision:

 

(1) "accrued earned sick and safe time" means earned sick and safe time accrued under section 181.9446;

 

(2) "earned sick and safe time" has the meaning provided in section 181.9445, subdivision 4; and

 

(3) "employer" has the meaning provided in section 290.92, clause (4).

 

EFFECTIVE DATE.  This section is effective for taxable years beginning after December 31, 2022."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Robbins amendment and the roll was called.  There were 57 yeas and 69 nays as follows:

 

      Those who voted in the affirmative were:

 


Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Baker

Bennett

Bliss

Burkel

Daniels

Daudt

Davids

Demuth

Dotseth

Engen

Franson

Garofalo

Gillman

Grossell

Harder

Heintzeman

Hudella

Hudson

Igo

Jacob

Johnson

Joy

Kiel

Knudsen

Koznick

Kresha

Mekeland

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, N.

Niska

Novotny

O'Driscoll

Olson, B.

O'Neill

Perryman

Petersburg

Pfarr

Quam

Robbins

Schomacker

Schultz

Scott

Skraba

Torkelson

Urdahl

Wiener

Wiens

Witte

Zeleznikar


 

      Those who voted in the negative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Brand

Carroll

Cha

Clardy

Coulter

Curran

Edelson

Elkins

Feist

Finke

Fischer

Frazier

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Huot

Hussein

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Kozlowski

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Moller

Nelson, M.

Newton

Noor

Norris

Olson, L.

Pelowski

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Richardson

Sencer-Mura

Smith

Stephenson

Tabke

Vang

Wolgamott

Xiong

Youakim

Spk. Hortman


 

 

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

 

 

Daudt moved to amend H. F. No. 19, the third engrossment, as amended, as follows:

 

Page 11, after line 32, insert:


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 951

"Subd. 4.  Express preemption.  A local unit of government may not enact, enforce, or administer any ordinance or other local rule, policy, or regulation requiring an employer to provide earned sick and safe time benefits or procedures.  Sections 181.9445 to 181.9448 shall preempt and supersede any local ordinance, rule, policy, or regulation concerning the subject matter of those sections."

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Daudt amendment and the roll was called.  There were 58 yeas and 69 nays as follows:

 

      Those who voted in the affirmative were:

 


Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Baker

Bennett

Bliss

Burkel

Daniels

Daudt

Davids

Demuth

Dotseth

Engen

Franson

Garofalo

Gillman

Grossell

Harder

Heintzeman

Hudella

Hudson

Igo

Jacob

Johnson

Joy

Kiel

Knudsen

Koznick

Kresha

Mekeland

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, N.

Niska

Novotny

O'Driscoll

Olson, B.

O'Neill

Perryman

Petersburg

Pfarr

Quam

Robbins

Schomacker

Schultz

Scott

Skraba

Stephenson

Torkelson

Urdahl

Wiener

Wiens

Witte

Zeleznikar


 

      Those who voted in the negative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bierman

Brand

Carroll

Cha

Clardy

Coulter

Curran

Edelson

Elkins

Feist

Finke

Fischer

Frazier

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Huot

Hussein

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Kozlowski

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Moller

Nelson, M.

Newton

Noor

Norris

Olson, L.

Pelowski

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Richardson

Sencer-Mura

Smith

Tabke

Vang

Wolgamott

Xiong

Youakim

Spk. Hortman


 

 

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

 

 

Nash moved to amend H. F. No. 19, the third engrossment, as amended, as follows:

 

Page 11, after line 32, insert:

 

"Subd. 4.  Local exemption.  Notwithstanding any law to the contrary, a local unit of government may enact an ordinance or other local rule, policy, or regulation exempting employers from any of the requirements of sections 181.9445 to 181.9448 based on the number of employees the employer has."

 

 

      A roll call was requested and properly seconded.


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 952

              The question was taken on the Nash amendment and the roll was called.  There were 57 yeas and 70 nays as follows:

 

      Those who voted in the affirmative were:

 


Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Baker

Bennett

Bliss

Burkel

Daniels

Daudt

Davids

Demuth

Dotseth

Engen

Franson

Garofalo

Gillman

Grossell

Harder

Heintzeman

Hudella

Hudson

Igo

Jacob

Johnson

Joy

Kiel

Knudsen

Koznick

Kresha

Mekeland

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, N.

Niska

Novotny

O'Driscoll

Olson, B.

O'Neill

Perryman

Petersburg

Pfarr

Quam

Robbins

Schomacker

Schultz

Scott

Skraba

Torkelson

Urdahl

Wiener

Wiens

Witte

Zeleznikar


 

      Those who voted in the negative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bierman

Brand

Carroll

Cha

Clardy

Coulter

Curran

Edelson

Elkins

Feist

Finke

Fischer

Frazier

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Huot

Hussein

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Kozlowski

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Moller

Nelson, M.

Newton

Noor

Norris

Olson, L.

Pelowski

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Richardson

Sencer-Mura

Smith

Stephenson

Tabke

Vang

Wolgamott

Xiong

Youakim

Spk. Hortman


 

 

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

 

 

Scott moved to amend H. F. No. 19, the third engrossment, as amended, as follows:

 

Page 12, line 24, reinstate the stricken language and delete the new language

 

Page 13, delete section 3

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Scott amendment and the roll was called.  There were 57 yeas and 70 nays as follows:

 

      Those who voted in the affirmative were:

 


Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Baker

Bennett

Bliss

Burkel

Daniels

Daudt

Davids

Demuth

Dotseth

Engen

Franson

Garofalo

Gillman

Grossell


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 953

Harder

Heintzeman

Hudella

Hudson

Igo

Jacob

Johnson

Joy

Kiel

Knudsen

Koznick

Kresha

Mekeland

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, N.

Niska

Novotny

O'Driscoll

Olson, B.

O'Neill

Perryman

Petersburg

Pfarr

Quam

Robbins

Schomacker

Schultz

Scott

Skraba

Torkelson

Urdahl

Wiener

Wiens

Witte

Zeleznikar


 

      Those who voted in the negative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bierman

Brand

Carroll

Cha

Clardy

Coulter

Curran

Edelson

Elkins

Feist

Finke

Fischer

Frazier

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Huot

Hussein

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Kozlowski

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Moller

Nelson, M.

Newton

Noor

Norris

Olson, L.

Pelowski

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Richardson

Sencer-Mura

Smith

Stephenson

Tabke

Vang

Wolgamott

Xiong

Youakim

Spk. Hortman


 

 

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

 

 

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

 

 

Baker moved to amend H. F. No. 19, the third engrossment, as amended, as follows:

 

Page 4, line 15, after "year" insert a period

 

Page 4, delete lines 16 to 20

 

 

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

 

 

Baker moved to amend H. F. No. 19, the third engrossment, as amended, as follows:

 

Page 4, line 5, delete "48" and insert "40"

 

Page 4, line 6, delete "48" and insert "40"

 

Page 4, line 10, delete "80" and insert "40"

 

Page 4, line 15, after "year" insert a period

 

Page 4, delete lines 16 to 20

 

 

      A roll call was requested and properly seconded.


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 954

              The question was taken on the Baker amendment and the roll was called.  There were 56 yeas and 70 nays as follows:

 

      Those who voted in the affirmative were:

 


Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Baker

Bennett

Bliss

Burkel

Daniels

Daudt

Demuth

Dotseth

Engen

Franson

Garofalo

Gillman

Grossell

Harder

Heintzeman

Hudella

Hudson

Igo

Jacob

Johnson

Joy

Kiel

Knudsen

Koznick

Kresha

Mekeland

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, N.

Niska

Novotny

O'Driscoll

Olson, B.

O'Neill

Perryman

Petersburg

Pfarr

Quam

Robbins

Schomacker

Schultz

Scott

Skraba

Torkelson

Urdahl

Wiener

Wiens

Witte

Zeleznikar


 

      Those who voted in the negative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bierman

Brand

Carroll

Cha

Clardy

Coulter

Curran

Edelson

Elkins

Feist

Finke

Fischer

Frazier

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Huot

Hussein

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Kozlowski

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Moller

Nelson, M.

Newton

Noor

Norris

Olson, L.

Pelowski

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Richardson

Sencer-Mura

Smith

Stephenson

Tabke

Vang

Wolgamott

Xiong

Youakim

Spk. Hortman


 

 

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

 

 

Baker moved to amend H. F. No. 19, the third engrossment, as amended, as follows:

 

Page 2, line 22, after "contractor" insert "or a seasonal employee"

 

Page 4, line 28, delete everything after "time" and insert "90 calendar days from the date of hire."

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Baker amendment and the roll was called.  There were 56 yeas and 70 nays as follows:

 

      Those who voted in the affirmative were:

 


Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Baker

Bennett

Bliss

Burkel

Daniels

Daudt

Demuth

Dotseth

Engen

Franson

Garofalo

Gillman

Grossell

Harder

Heintzeman

Hudella

Hudson

Igo

Jacob

Johnson

Joy

Kiel

Knudsen

Koznick

Kresha

Mekeland


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 955

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, N.

Niska

Novotny

O'Driscoll

Olson, B.

O'Neill

Perryman

Petersburg

Pfarr

Quam

Robbins

Schomacker

Schultz

Scott

Skraba

Torkelson

Urdahl

Wiener

Wiens

Witte

Zeleznikar


 

      Those who voted in the negative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bierman

Brand

Carroll

Cha

Clardy

Coulter

Curran

Edelson

Elkins

Feist

Finke

Fischer

Frazier

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Huot

Hussein

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Kozlowski

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Moller

Nelson, M.

Newton

Noor

Norris

Olson, L.

Pelowski

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Richardson

Sencer-Mura

Smith

Stephenson

Tabke

Vang

Wolgamott

Xiong

Youakim

Spk. Hortman


 

 

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

 

 

Baker moved to amend H. F. No. 19, the third engrossment, as amended, as follows:

 

Page 2, line 22, after "contractor" insert "or a person choosing to work 20 hours or fewer hours per week on average.  This does not exclude a person who wants to work more than 20 hours per week on average but whose employer intentionally provides them with fewer hours."

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Baker amendment and the roll was called.  There were 56 yeas and 70 nays as follows:

 

      Those who voted in the affirmative were:

 


Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Baker

Bennett

Bliss

Burkel

Daniels

Daudt

Demuth

Dotseth

Engen

Franson

Garofalo

Gillman

Grossell

Harder

Heintzeman

Hudella

Hudson

Igo

Jacob

Johnson

Joy

Kiel

Knudsen

Koznick

Kresha

Mekeland

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, N.

Niska

Novotny

O'Driscoll

Olson, B.

O'Neill

Perryman

Petersburg

Pfarr

Quam

Robbins

Schomacker

Schultz

Scott

Skraba

Torkelson

Urdahl

Wiener

Wiens

Witte

Zeleznikar


 

      Those who voted in the negative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bierman

Brand

Carroll

Cha

Clardy

Coulter

Curran

Edelson

Elkins

Feist

Finke

Fischer

Frazier


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 956

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Huot

Hussein

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Kozlowski

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Moller

Nelson, M.

Newton

Noor

Norris

Olson, L.

Pelowski

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Richardson

Sencer-Mura

Smith

Stephenson

Tabke

Vang

Wolgamott

Xiong

Youakim

Spk. Hortman


 

 

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

 

 

Baker moved to amend H. F. No. 19, the third engrossment, as amended, as follows:

 

Page 2, line 15, delete ""Earned sick and safe time"" and insert "Except as provided in subdivision 6, paragraph (b), "earned sick and safe time""

 

Page 2, line 23, delete ""Employer"" and insert "(a) Except as provided in paragraph (b), "employer"" and delete "one" and insert "six"

 

Page 3, after line 3, insert:

 

"(b) For an individual, a corporation, a partnership, an association, a business trust, a nonprofit organization, a group of persons, the state of Minnesota, a county, town, city, school district, or other governmental subdivision that has six to 50 employees, the employer only has to provide leave in the form of unpaid job-protected leave subject to the accrual set forth in section 181.9446, paragraph (a), clause (2).  All employers with 50 or more employees must provide paid leave subject to the accrual set forth in section 181.9446, paragraph (a), clause (1) and paragraph (b)."

 

Page 4, line 4, delete "An" and insert "(1) Except as provided in section 181.9445, subdivision 6, paragraph (b), and clause (2), an"

 

Page 4, after line 7, insert:

 

"(2) An employee of an employer who employs between six to 50 employees accrues a minimum of one hour of unpaid earned sick and safe time for every 30 hours worked up to a maximum of 40 hours of unpaid earned sick and safe time in a year.  Employees may not accrue more than 40 hours of unpaid earned sick and safe time in a year."

 

Page 4, line 8, before the comma, insert "and section 181.9445, subdivision 6, paragraph (b)"

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Baker amendment and the roll was called.  There were 56 yeas and 70 nays as follows:

 

      Those who voted in the affirmative were:

 


Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Baker

Bennett

Bliss

Burkel

Daniels

Daudt

Demuth

Dotseth

Engen

Franson

Garofalo

Gillman

Grossell

Harder


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 957

Heintzeman

Hudella

Hudson

Igo

Jacob

Johnson

Joy

Kiel

Knudsen

Koznick

Kresha

Mekeland

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, N.

Niska

Novotny

O'Driscoll

Olson, B.

O'Neill

Perryman

Petersburg

Pfarr

Quam

Robbins

Schomacker

Schultz

Scott

Skraba

Torkelson

Urdahl

Wiener

Wiens

Witte

Zeleznikar


 

      Those who voted in the negative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bierman

Brand

Carroll

Cha

Clardy

Coulter

Curran

Edelson

Elkins

Feist

Finke

Fischer

Frazier

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Huot

Hussein

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Kozlowski

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Moller

Nelson, M.

Newton

Noor

Norris

Olson, L.

Pelowski

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Richardson

Sencer-Mura

Smith

Stephenson

Tabke

Vang

Wolgamott

Xiong

Youakim

Spk. Hortman


 

 

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

 

 

      H. F. No. 19 was read for the third time, as amended.

 

 

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

 

 

      The Speaker resumed the Chair.

 

 

      Backer and Finke were excused for the remainder of today's session.

 

 

      Torkelson requested a Call of the House.

 

 

POINT OF ORDER

 

      Daudt raised a point of order pursuant to rule 2.02 relating to Call of the House.  The Speaker ruled the point of order not well taken.

 

 

      Demuth appealed the decision of the Speaker.

 

 

      A roll call was requested and properly seconded.

 

 

      Demuth withdrew her appeal of the decision of the Speaker.


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 958

              H. F. No. 19, A bill for an act relating to employment; providing for earned sick and safe time; adding a district court judge to the Ninth Judicial District; requiring a report; authorizing rulemaking; appropriating money; amending Minnesota Statutes 2022, sections 2.722, subdivision 1; 177.27, subdivisions 2, 4, 7; 181.942, subdivision 1; 181.9436; 181.944; proposing coding for new law in Minnesota Statutes, chapters 177; 181; repealing Minnesota Statutes 2022, section 181.9413.

 

 

      The bill, as amended, was placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 69 yeas and 54 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bierman

Brand

Carroll

Cha

Clardy

Coulter

Curran

Edelson

Elkins

Feist

Fischer

Frazier

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Huot

Hussein

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Kozlowski

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Moller

Nelson, M.

Newton

Noor

Norris

Olson, L.

Pelowski

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Richardson

Sencer-Mura

Smith

Stephenson

Tabke

Vang

Wolgamott

Xiong

Youakim

Spk. Hortman


 

      Those who voted in the negative were:

 


Altendorf

Anderson, P. E.

Anderson, P. H.

Baker

Bennett

Burkel

Daniels

Daudt

Demuth

Dotseth

Engen

Franson

Garofalo

Gillman

Grossell

Harder

Heintzeman

Hudella

Hudson

Igo

Jacob

Johnson

Joy

Kiel

Knudsen

Koznick

Kresha

Mekeland

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, N.

Niska

Novotny

O'Driscoll

Olson, B.

O'Neill

Perryman

Petersburg

Pfarr

Quam

Robbins

Schomacker

Schultz

Scott

Skraba

Torkelson

Urdahl

Wiener

Wiens

Witte

Zeleznikar


 

 

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

 

 

MOTIONS AND RESOLUTIONS

 

 

      Noor moved that the name of Newton be added as an author on H. F. No. 32.  The motion prevailed.

 

      Feist moved that the name of Davids be added as an author on H. F. No. 56.  The motion prevailed.

 

      Long moved that the names of Huot; Lee, K., and Newton be added as authors on H. F. No. 96.  The motion prevailed.

 

      Olson, B., moved that the name of Schultz be added as an author on H. F. No. 106.  The motion prevailed.

 

      Her moved that the name of Hicks be added as an author on H. F. No. 173.  The motion prevailed.


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 959

              Berg moved that the names of Fischer and Engen be added as authors on H. F. No. 203.  The motion prevailed.

 

      Becker-Finn moved that the names of Johnson, Wiens and Niska be added as authors on H. F. No. 305.  The motion prevailed.

 

      Demuth moved that the name of Mekeland be added as an author on H. F. No. 356.  The motion prevailed.

 

      Bierman moved that the name of Noor be added as an author on H. F. No. 402.  The motion prevailed.

 

      Bierman moved that the names of Edelson and Brand be added as authors on H. F. No. 462.  The motion prevailed.

 

      Huot moved that the name of Elkins be added as an author on H. F. No. 474.  The motion prevailed.

 

      Elkins moved that the name of Bahner be added as an author on H. F. No. 480.  The motion prevailed.

 

      Freiberg moved that the name of Fischer be added as an author on H. F. No. 642.  The motion prevailed.

 

      Kresha moved that the name of Zeleznikar be added as an author on H. F. No. 682.  The motion prevailed.

 

      Moller moved that the name of Johnson be added as an author on H. F. No. 686.  The motion prevailed.

 

      Acomb moved that the name of Clardy be added as an author on H. F. No. 694.  The motion prevailed.

 

      Reyer moved that the name of Brand be added as an author on H. F. No. 729.  The motion prevailed.

 

      Pérez-Vega moved that the names of Gomez; Lee, K., and Rehm be added as authors on H. F. No. 758.  The motion prevailed.

 

      Norris moved that the name of Keeler be added as an author on H. F. No. 814.  The motion prevailed.

 

      Tabke moved that the name of Newton be added as an author on H. F. No. 820.  The motion prevailed.

 

      Reyer moved that the name of Lee, K., be added as an author on H. F. No. 831.  The motion prevailed.

 

      Hollins moved that the name of Acomb be added as an author on H. F. No. 865.  The motion prevailed.

 

      Lislegard moved that the name of Wolgamott be added as an author on H. F. No. 873.  The motion prevailed.

 

      Baker moved that the name of Engen be added as an author on H. F. No. 893.  The motion prevailed.

 

      Klevorn moved that the name of Bahner be added as an author on H. F. No. 979.  The motion prevailed.

 

      Bierman moved that the names of Elkins, Hollins, Gillman and Anderson, P. E., be added as authors on H. F. No. 1031.  The motion prevailed.

 

      Bierman moved that the name of Fischer be added as an author on H. F. No. 1032.  The motion prevailed.

 

      Bierman moved that the names of Elkins, Hollins and Gillman be added as authors on H. F. No. 1033.  The motion prevailed.


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 960

              Keeler moved that the names of Hudson and Bliss be added as authors on H. F. No. 1071.  The motion prevailed.

 

      Brand moved that the names of Hanson, J., and Perryman be added as authors on H. F. No. 1074.  The motion prevailed.

 

      Niska moved that the name of Norris be added as an author on H. F. No. 1177.  The motion prevailed.

 

      Brand moved that the names of Schomacker; Hanson, J., and Perryman be added as authors on H. F. No. 1180.  The motion prevailed.

 

      Huot moved that the name of Reyer be added as an author on H. F. No. 1228.  The motion prevailed.

 

      Pinto moved that the name of Hollins be added as an author on H. F. No. 1233.  The motion prevailed.

 

      Hussein moved that the name of Acomb be added as an author on H. F. No. 1255.  The motion prevailed.

 

      Norris moved that the names of Gomez and Engen be added as authors on H. F. No. 1276.  The motion prevailed.

 

      Wolgamott moved that the name of Moller be added as an author on H. F. No. 1340.  The motion prevailed.

 

      Clardy moved that the name of Pursell be added as an author on H. F. No. 1360.  The motion prevailed.

 

      Daudt moved that the name of Robbins be added as an author on H. F. No. 1373.  The motion prevailed.

 

      Reyer moved that the name of Hicks be added as an author on H. F. No. 1385.  The motion prevailed.

 

      Wolgamott moved that the name of Coulter be added as an author on H. F. No. 1422.  The motion prevailed.

 

      Edelson moved that the names of Backer, Newton and Freiberg be added as authors on H. F. No. 1434.  The motion prevailed.

 

      Hanson, J., moved that the name of Hicks be added as an author on H. F. No. 1478.  The motion prevailed.

 

      Youakim moved that the names of Daniels, Robbins and Elkins be added as authors on H. F. No. 1488.  The motion prevailed.

 

      Reyer moved that the names of Gomez and Lee, K., be added as authors on H. F. No. 1532.  The motion prevailed.

 

      Bahner moved that the name of Hicks be added as an author on H. F. No. 1588.  The motion prevailed.

 

      Tabke moved that the name of Nadeau be added as an author on H. F. No. 1600.  The motion prevailed.

 

      Norris moved that the name of Elkins be added as an author on H. F. No. 1603.  The motion prevailed.

 

      Freiberg moved that the names of Hanson, J., and Hicks be added as authors on H. F. No. 1604.  The motion prevailed.

 

      Hollins moved that the name of Xiong be added as an author on H. F. No. 1686.  The motion prevailed.


Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 961

              Feist moved that the names of Kozlowski; Nelson, M.; Elkins; Hornstein and Hanson, J., be added as authors on H. F. No. 1700.  The motion prevailed.

 

      Lee, K., moved that the name of Hicks be added as an author on H. F. No. 1721.  The motion prevailed.

 

      Robbins moved that the name of Anderson, P. E., be added as an author on H. F. No. 1745.  The motion prevailed.

 

      Grossell moved that the names of Knudsen and Bliss be added as authors on H. F. No. 1755.  The motion prevailed.

 

      Bennett moved that the name of Anderson, P. E., be added as an author on H. F. No. 1762.  The motion prevailed.

 

      Knudsen moved that the name of Schultz be added as an author on H. F. No. 1764.  The motion prevailed.

 

      Knudsen moved that the names of Davis, Novotny and Schultz be added as authors on H. F. No. 1765.  The motion prevailed.

 

      Anderson, P. E., moved that the name of Lillie be added as an author on H. F. No. 1767.  The motion prevailed.

 

      Elkins moved that the names of Fischer and Backer be added as authors on H. F. No. 1778.  The motion prevailed.

 

      Nelson, N., moved that the name of Davis be added as an author on H. F. No. 1788.  The motion prevailed.

 

      Kresha moved that the name of Davis be added as an author on H. F. No. 1797.  The motion prevailed.

 

      Demuth moved that the name of Davis be added as an author on H. F. No. 1809.  The motion prevailed.

 

      Her moved that H. F. No. 314 be recalled from the Committee on Judiciary Finance and Civil Law and be re‑referred to the Committee on Housing Finance and Policy.  The motion prevailed.

 

      Igo moved that H. F. No. 342 be recalled from the Committee on Climate and Energy Finance and Policy and be re-referred to the Committee on Sustainable Infrastructure Policy.  The motion prevailed.

 

      Hassan moved that H. F. No. 647 be recalled from the Committee on Judiciary Finance and Civil Law and be re‑referred to the Committee on Housing Finance and Policy.  The motion prevailed.

 

      Pérez-Vega moved that H. F. No. 1629 be recalled from the Committee on Education Finance and be re-referred to the Committee on Children and Families Finance and Policy.  The motion prevailed.

 

 

ADJOURNMENT

 

      Long moved that when the House adjourns today it adjourn until 3:30 p.m., Monday, February 20, 2023.  The motion prevailed.

 

      Long moved that the House adjourn.  The motion prevailed, and the Speaker declared the House stands adjourned until 3:30 p.m., Monday, February 20, 2023.

 

 

Patrick D. Murphy, Chief Clerk, House of Representatives



Journal of the House - 23rd Day - Thursday, February 16, 2023 - Top of Page 962