Journal of the House - 85th Day - Monday, February 26, 2024 - Top of Page 11411

STATE OF MINNESOTA

 

Journal of the House

 

NINETY-THIRD SESSION - 2024

 

_____________________

 

EIGHTY-FIFTH DAY

 

Saint Paul, Minnesota, Monday, February 26, 2024

 

 

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

 

      Prayer was offered by Pastor Anthony Galloway, St. Mark AME Church, Duluth, Minnesota.

 

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

 

      The roll was called and the following members were present:

 


Acomb

Agbaje

Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Bahner

Bakeberg

Baker

Becker-Finn

Bennett

Berg

Bierman

Bliss

Brand

Carroll

Cha

Clardy

Coulter

Curran

Daniels

Davids

Demuth

Dotseth

Edelson

Elkins

Engen

Feist

Finke

Fischer

Fogelman

Franson

Frazier

Frederick

Freiberg

Gillman

Gomez

Greenman

Grossell

Hansen, R.

Hanson, J.

Harder

Hassan

Heintzeman

Hemmingsen-Jaeger

Hicks

Hill

Hollins

Hornstein

Howard

Hudella

Hudson

Huot

Hussein

Igo

Jacob

Johnson

Jordan

Joy

Klevorn

Knudsen

Koegel

Kotyza-Witthuhn

Koznick

Kraft

Kresha

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

McDonald

Moller

Mueller

Myers

Nadeau

Nash

Nelson, M.

Nelson, N.

Neu Brindley

Newton

Niska

Noor

Norris

Novotny

O'Driscoll

Olson, B.

Olson, L.

Pérez-Vega

Perryman

Petersburg

Pfarr

Pinto

Pryor

Pursell

Quam

Rarick

Rehm

Reyer

Robbins

Schomacker

Schultz

Scott

Sencer-Mura

Skraba

Smith

Stephenson

Swedzinski

Tabke

Torkelson

Urdahl

Vang

Virnig

West

Wiener

Wiens

Witte

Wolgamott

Xiong

Youakim

Zeleznikar

Spk. Hortman


 

      A quorum was present.

 

      Burkel, Davis, Garofalo, Her, Keeler, Kiel, Kozlowski, Mekeland, Murphy and Pelowski 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 - 85th Day - Monday, February 26, 2024 - Top of Page 11412

PETITIONS AND COMMUNICATIONS

 

 

      The following communications were received:

 

 

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

 

February 26, 2024

 

The Honorable Melissa Hortman

Speaker of the House of Representatives

The State of Minnesota

 

Dear Speaker Hortman:

 

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

 

H. F. No. 2757, relating to taxation; income, aids, and local sales and use; modifying the calculation of the standard deduction and definitions for the statewide local housing aid; amending the local sales and use tax authorization for Beltrami County.

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Tim Walz

                                                                                                                                Governor

 

 

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

 

The Honorable Melissa Hortman

Speaker of the House of Representatives

 

The Honorable Bobby Joe Champion

President of the Senate

 

      I have the honor to inform you that the following enrolled Act of the 2024 Session of the State Legislature has been received from the Office of the Governor and is deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

 

 

S. F.

No.

 

H. F.

No.

 

Session Laws

Chapter No.

Time and

Date Approved

2024

 

Date Filed

2024

 

                                2757                        76                                     10:33 a.m.  February 26                        February 26

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Steve Simon

                                                                                                                                Secretary of State


Journal of the House - 85th Day - Monday, February 26, 2024 - Top of Page 11413

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Noor from the Committee on Human Services Finance to which was referred:

 

H. F. No. 2000, A bill for an act relating to gambling; authorizing and providing for sports betting; establishing licenses; prohibiting local restrictions; providing for taxation of sports betting; providing civil and criminal penalties; providing for amateur sports grants; requiring reports; appropriating money; amending Minnesota Statutes 2022, sections 245.98, subdivision 2; 260B.007, subdivision 16; 609.75, subdivisions 3, 4, 7, by adding a subdivision; 609.755; 609.76, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 240A; 299L; 609; proposing coding for new law as Minnesota Statutes, chapter 297J.

 

Reported the same back with the following amendments:

 

Page 30, line 24, delete "(d)" and insert "(e)"

 

Page 30, after line 29, insert:

 

"(d) $....... is appropriated from the sports betting revenue account to the commissioner of human services to administer funds under paragraph (e)."

 

Page 30, line 30, delete "(d)" and insert "(e)"

 

Page 30, line 31, delete "and (c)" and insert "to (d)"

 

Page 30, line 32, delete "half" and insert "one-third"

 

Page 30, line 33, delete "and half" and insert "one-third is for emergency services grants under section 256E.36, and one-third"

 

Page 31, line 9, after "programs" insert ".  Money appropriated from the sports betting revenue account under this clause is available until expended"

 

Page 40, line 7, delete "(d)" and insert "(e)"

 

Page 42, line 27, delete "(d)" and insert "(e)"

 

Page 44, line 6, delete "(d)" and insert "(e)"

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 2257, A bill for an act relating to consumer data privacy; creating the Minnesota Age-Appropriate Design Code Act; placing obligations on certain businesses regarding children's consumer information; providing for enforcement by the attorney general; proposing coding for new law in Minnesota Statutes, chapter 13; proposing coding for new law as Minnesota Statutes, chapter 325O.


Journal of the House - 85th Day - Monday, February 26, 2024 - Top of Page 11414

Reported the same back with the following amendments:

 

Page 1, line 14, delete "4" and insert "3"

 

Page 1, line 19, before "likely" insert "reasonably"

 

Page 2, after line 11, insert:

 

"(c) "Age-appropriate" means a recognition of the distinct needs and diversities of children at different age ranges.  In order to help support the design of online services, products, and features, a business should take into account the unique needs and diversities of different age ranges, including the following developmental stages:  zero to five years of age or "preliterate and early literacy"; six to nine years of age or "core primary school years"; ten to 12 years of age or "transition years"; 13 to 15 years of age or "early teens"; and 16 to 17 years of age or "approaching adulthood."

 

(d) "Best interests of children" means the use, by a business, of the personal data of a child or the design of an online service, product, or feature in a way that:

 

(1) will not benefit the business to the detriment of the child; and

 

(2) will not result in:

 

(i) reasonably foreseeable and material physical or financial harm to the child;

 

(ii) reasonably foreseeable and severe psychological or emotional harm to the child;

 

(iii) a highly offensive intrusion on the reasonable privacy expectations of the child; or

 

(iv) discrimination against the child based upon race, color, religion, national origin, disability, sex, or sexual orientation."

 

Page 2, line 30, delete "substantial"

 

Page 2, line 31, delete "effect" and insert "purpose"

 

Page 3, line 1, delete "and mitigate"

 

Page 3, delete lines 2 and 3 and insert "compliance with the duty to act in the best interests of children and shall include a plan to ensure that all online products, services, or features provided by the business are designed and offered in a manner consistent with the best interests of children reasonably likely to access the online service, product, or feature.  Such a plan shall include a description of steps the business has taken and will take to comply with the duty to act in the best interests of children."

 

Page 3, after line 14, insert:

 

"(m) "Derived data" means assumptions, correlations, inferences, predictions, or conclusions based on data about a child or a child's device."

 

Page 3, delete lines 15 to 30

 

Page 4, line 3, after "delivery" insert ", sale,"

 

Page 4, line 4, after "information" insert ", including derived data," and after "linkable" insert ", alone or in combination with other information,"


Journal of the House - 85th Day - Monday, February 26, 2024 - Top of Page 11415

Page 4, line 13, after "means" insert "to conduct or direct"

 

Page 4, line 15, delete "or" and after "modification" insert ", or otherwise handling"

 

Page 4, after line 15, insert:

 

"(r) "Product experimentation results" means the data that a business collects to understand the experimental impact of its products."

 

Page 4, after line 19, insert:

 

"(t) "Reasonably likely to be accessed by children" means an online service, product, or feature that it is reasonable to expect would be accessed by children based on any of the following indicators:

 

(1) the online service, product, or feature is directed to children, as defined by the Children's Online Privacy Protection Act, United States Code, title 15, section 6501 et seq., and the Federal Trade Commission rules implementing that act;

 

(2) the online service, product, or feature is determined, based on competent and reliable evidence regarding audience composition, to be routinely accessed by a significant number of children;

 

(3) the online service, product, or feature contains advertisements marketed to children;

 

(4) the online service, product, or feature is substantially similar or the same as an online service, product, or feature subject to clause (2);

 

(5) a significant amount of the audience of the online service, product, or feature is determined, based on internal company research, to be children; or

 

(6) that the business knew or should have known that a significant number of users are children, provided that, in making this assessment, the business shall not collect or process any personal data that is not reasonably necessary to provide an online service, product, or feature with which a child is actively and knowingly engaged."

 

Reletter the paragraphs in sequence

 

Page 5, after line 8, insert:

 

"Sec. 4 [325O.025] INFORMATION FIDUCIARY.

 

Notwithstanding section 325O.03, any business that operates in the state of Minnesota and processes children's data in any capacity must do so in a manner consistent with the best interests of children."

 

Page 6, line 6, delete the second "or"

 

Page 6, line 10, delete the period and insert "; or"

 

Page 6, after line 10, insert:

 

"(4) a business whose principal business is the origination of journalism, and has a significant portion of its workforce consisting of professional journalists."


Journal of the House - 85th Day - Monday, February 26, 2024 - Top of Page 11416

Page 6, delete section 5 and insert:

 

"Sec. 6.  [325O.04] BUSINESS OBLIGATIONS.

 

Subdivision 1.  Requirements for businesses.  (a) A business subject to this chapter must:

 

(1) complete a data protection impact assessment for any new online service, product, or feature that is reasonably likely to be to accessed by children, and maintain documentation of the data protection impact assessment as long as the online service, product, or feature is reasonably likely to be accessed by children;

 

(2) review and modify all data protection impact assessments as necessary to account for material changes to processing pertaining to the online service, product, or feature;

 

(3) within five business days of a written request by the attorney general, provide to the attorney general a list of all data protection impact assessments the business has completed;

 

(4) within seven business days of a written request by the attorney general or by a date otherwise specified by the attorney general, provide the attorney general with a copy of any data protection impact assessment;

 

(5) configure all default privacy settings provided to children by the online service, product, or feature to settings that offer a high level of privacy, unless the business can demonstrate a compelling reason that a different setting is in the best interests of children;

 

(6) provide any privacy information, terms of service, policies, and community standards concisely, prominently, and using clear language suited to the age of children reasonably likely to access that online service, product, or feature; and

 

(7) provide prominent, accessible, and responsive tools to help children, or if applicable their parents or guardians, exercise their privacy rights and report concerns.

 

(b) A data protection impact assessment required by this section must identify the purpose of the online service, product, or feature; explain how it uses children's personal data; and determine whether the online service, product, or feature that is reasonably likely to accessed by children is designed and offered in an age-appropriate manner consistent with the best interests of children.  A data protection impact assessment must assess each of the following factors:

 

(1) whether algorithms used by the service, product, or feature would result in reasonably foreseeable and material physical or financial harm to the child; reasonably foreseeable and extreme psychological or emotional harm to the child; a highly offensive intrusion on the reasonable privacy expectations of the child; or discrimination against the child based upon race, color, religion, national origin, disability, sex, or sexual orientation;

 

(2) whether the design of the online service, product, or feature could lead to children experiencing or being targeted by contacts on the online service, product, or feature that would result in reasonably foreseeable and material physical or financial harm to the child; reasonably foreseeable and extreme psychological or emotional harm to the child; a highly offensive intrusion on the reasonable privacy expectations of the child; or discrimination against the child based upon race, color, religion, national origin, disability, sex, or sexual orientation;

 

(3) whether the design of the online service, product, or feature could permit children to witness, participate in, or be subject to conduct on the online service, product, or feature that would result in reasonably foreseeable and material physical or financial harm to the child; reasonably foreseeable and extreme psychological or emotional harm to the child; a highly offensive intrusion on the reasonable privacy expectations of the child; or discrimination against the child based upon race, color, religion, national origin, disability, sex, or sexual orientation;


Journal of the House - 85th Day - Monday, February 26, 2024 - Top of Page 11417

(4) whether the design of the online service, product, or feature is reasonably expected to allow children to be party to or exploited by a contact on the online service, product, or feature that would result in reasonably foreseeable and material physical or financial harm to the child; reasonably foreseeable and extreme psychological or emotional harm to the child; a highly offensive intrusion on the reasonable privacy expectations of the child; or discrimination against the child based upon race, color, religion, national origin, disability, sex, or sexual orientation;

 

(5) whether targeted advertising systems used by the online service, product, or feature would result in reasonably foreseeable and material physical or financial harm to the child; reasonably foreseeable and extreme psychological or emotional harm to the child; a highly offensive intrusion on the reasonable privacy expectations of the child; or discrimination against the child based upon race, color, religion, national origin, disability, sex, or sexual orientation;

 

(6) whether the online service, product, or feature uses system design features to increase, sustain, or extend use of the online service, product, or feature by children, including the automatic playing of media, rewards for time spent, and notifications, that would result in reasonably foreseeable and material physical or financial harm to the child; reasonably foreseeable and extreme psychological or emotional harm to the child; a highly offensive intrusion on the reasonable privacy expectations of the child; or discrimination against the child based upon race, color, religion, national origin, disability, sex, or sexual orientation;

 

(7) whether, how, and for what purpose the online service, product, or feature collects or processes personal data of children, and whether those practices would result in reasonably foreseeable and material physical or financial harm to the child; reasonably foreseeable and extreme psychological or emotional harm to the child; a highly offensive intrusion on the reasonable privacy expectations of the child; or discrimination against the child based upon race, color, religion, national origin, disability, sex, or sexual orientation; and

 

(8) whether and how product experimentation results for the online product, service, or feature reveal data management or design practices that would result in reasonably foreseeable and material physical or financial harm to the child; reasonably foreseeable and extreme psychological or emotional harm to the child; a highly offensive intrusion on the reasonable privacy expectations of the child; or discrimination against the child based upon race, color, religion, national origin, disability, sex, or sexual orientation.

 

(c) A data protection impact assessment conducted by a business for the purpose of compliance with any other law complies with this section if the data protection impact assessment meets the requirement of this chapter.

 

(d) A single data protection impact assessment may contain multiple similar processing operations that present similar risk only if each relevant online service, product, or feature is addressed.

 

(e) For purposes of estimating a child's age, a business must only process the minimal amount of personal data reasonably necessary to provide the online service, product, or feature with which the child is actively and knowingly engaged.

 

Subd. 2.  Prohibition on businesses.  A business that provides an online service, product, or feature reasonably likely to be accessed by children must not:

 

(1) process the personal data of any child in a way that is inconsistent with the best interests of children reasonably likely to access the online service, product, or feature;

 

(2) profile a child by default unless both of the following criteria are met:

 

(i) the business can demonstrate it has appropriate safeguards in place to ensure that profiling is consistent with the best interests of children reasonably likely to access the online service, product, or feature; and

 

(ii) either of the following is true:


Journal of the House - 85th Day - Monday, February 26, 2024 - Top of Page 11418

(A) profiling is necessary to provide the online service, product, or feature requested and only with respect to the aspects of the online service, product, or feature with which a child is actively and knowingly engaged; or

 

(B) the business can demonstrate a compelling reason that profiling is in the best interests of children;

 

(3) process any personal data that is not reasonably necessary to provide an online service, product, or feature with which a child is actively and knowingly engaged;

 

(4) if the end user is a child, process personal data for any reason other than a reason for which that personal data was collected;

 

(5) process any precise geolocation information of children by default, unless the collection of that precise geolocation information is strictly necessary for the business to provide the service, product, or feature requested and then only for the limited time that the collection of precise geolocation information is necessary to provide the service, product, or feature;

 

(6) process any precise geolocation information of a child without providing an obvious sign to the child for the duration of that collection that precise geolocation information is being collected;

 

(7) use dark patterns to cause children to provide personal data beyond what is reasonably expected to provide that online service, product, or feature to forgo privacy protections, or to take any action that the business knows, or has reason to know, is not in the best interests of children reasonably likely to access the online service, product, or feature; or

 

(8) allow a child's parent, guardian, or any other consumer to monitor the child's online activity or track the child's location, without providing an obvious signal to the child when the child is being monitored or tracked.

 

Subd. 3.  Data practices.  (a) A data protection impact assessment collected or maintained by the attorney general under subdivision 1 is classified as nonpublic data or private data on individuals under section 13.02, subdivisions 9 and 12.

 

(b) To the extent any information contained in a data protection impact assessment disclosed to the attorney general includes information subject to attorney-client privilege or work product protection, disclosure pursuant to this section does not constitute a waiver of that privilege or protection."

 

Page 10, line 7, after "with" insert "this chapter and has fulfilled"

 

Page 10, line 8, delete "clauses (1) to (5)," and insert "paragraph (a), clause (1),"

 

Page 10, after line 16, insert:

 

"Sec. 8.  [325O.06] LIMITATIONS.

 

Nothing in this chapter shall be interpreted or construed to:

 

(1) impose liability in a manner that is inconsistent with United States Code, title 47, section 230;

 

(2) prevent or preclude any child from deliberately or independently searching for or specifically requesting content;

 

(3) require a business to implement age-gating or other technical protection methods to prevent underage people from viewing a website or other content; or

 

(4) infringe on the existing rights and freedoms of children."


Journal of the House - 85th Day - Monday, February 26, 2024 - Top of Page 11419

Page 10, line 18, delete "2024" and insert "2025"

 

Page 10, delete lines 19 to 22 and insert:

 

"(b) "Legacy product" means any online service, product, or feature that is likely to be accessed by children and that is offered to the public before July 1, 2025.  By July 1, 2025, a business must complete a data protection impact assessment for all legacy products, unless the legacy product is exempt under paragraph (c).  A business which is not in compliance with this paragraph is not eligible for the 90-day opportunity, provided under Minnesota Statutes, section 325O.05, paragraph (c), to cure a violation related to a legacy product."

 

Page 10, line 24, delete "2024" and insert "2025"

 

Renumber the sections in sequence

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Judiciary Finance and Civil Law.

 

      The report was adopted.

 

 

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

 

H. F. No. 2309, A bill for an act relating to consumer data privacy; giving various rights to consumers regarding personal data; placing obligations on certain businesses regarding consumer data; providing for enforcement by the attorney general; proposing coding for new law in Minnesota Statutes, chapter 13; proposing coding for new law as Minnesota Statutes, chapter 325O.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  [13.6505] ATTORNEY GENERAL DATA CODED ELSEWHERE.

 

Subdivision 1.  Scope.  The sections referred to in this section are codified outside this chapter.  Those sections classify attorney general data as other than public, place restrictions on access to government data, or involve data sharing.

 

Subd. 2.  Data privacy and protection assessments.  A data privacy and protection assessment collected or maintained by the attorney general is classified under section 325O.08.

 

Sec. 2.  [325O.01] CITATION.

 

This chapter may be cited as the "Minnesota Consumer Data Privacy Act."

 

Sec. 3.  [325O.02] DEFINITIONS.

 

(a) For purposes of this chapter, the following terms have the meanings given.

 

(b) "Affiliate" means a legal entity that controls, is controlled by, or is under common control with, another legal entity.  For these purposes, "control" or "controlled" means:  ownership of, or the power to vote, more than 50 percent of the outstanding shares of any class of voting security of a company; control in any manner over the election of a majority of the directors or of individuals exercising similar functions; or the power to exercise a controlling influence over the management of a company.


Journal of the House - 85th Day - Monday, February 26, 2024 - Top of Page 11420

(c) "Authenticate" means to use reasonable means to determine that a request to exercise any of the rights in section 325O.05, subdivision 1, paragraphs (b) to (e), is being made by or rightfully on behalf of the consumer who is entitled to exercise such rights with respect to the personal data at issue.

 

(d) "Biometric data" means data generated by automatic measurements of an individual's biological characteristics, including a fingerprint, a voiceprint, eye retinas, irises, or other unique biological patterns or characteristics that are used to identify a specific individual.  Biometric data does not include:

 

(1) a digital or physical photograph;

 

(2) an audio or video recording; or

 

(3) any data generated from a digital or physical photograph, or an audio or video recording, unless such data is generated to identify a specific individual.

 

(e) "Child" has the meaning given in United States Code, title 15, section 6501.

 

(f) "Consent" means any freely given, specific, informed, and unambiguous indication of the consumer's wishes by which the consumer signifies agreement to the processing of personal data relating to the consumer.  Acceptance of a general or broad terms of use or similar document that contains descriptions of personal data processing along with other, unrelated information does not constitute consent.  Hovering over, muting, pausing, or closing a given piece of content does not constitute consent.  A consent is not valid when the consumer's indication has been obtained by a dark pattern.  A consumer may revoke consent previously given, consistent with this chapter.

 

(g) "Consumer" means a natural person who is a Minnesota resident acting only in an individual or household context.  It does not include a natural person acting in a commercial or employment context.

 

(h) "Controller" means the natural or legal person which, alone or jointly with others, determines the purposes and means of the processing of personal data.

 

(i) "Decisions that produce legal or similarly significant effects concerning the consumer" means decisions made by the controller that result in the provision or denial by the controller of financial or lending services, housing, insurance, education enrollment or opportunity, criminal justice, employment opportunities, health care services, or access to essential goods or services.

 

(j) "Dark pattern" means a user interface designed or manipulated with the substantial effect of subverting or impairing user autonomy, decision making, or choice.

 

(k) "Deidentified data" means data that cannot reasonably be used to infer information about, or otherwise be linked to, an identified or identifiable natural person, or a device linked to such person, provided that the controller that possesses the data:

 

(1) takes reasonable measures to ensure that the data cannot be associated with a natural person;

 

(2) publicly commits to process the data only in a deidentified fashion and not attempt to reidentify the data; and

 

(3) contractually obligates any recipients of the information to comply with all provisions of this paragraph.

 

(l) "Delete" means to remove or destroy information such that it is not maintained in human- or machine‑readable form and cannot be retrieved or utilized in the ordinary course of business.

 

(m) "Genetic information" has the meaning given in section 13.386, subdivision 1.

 

(n) "Identified or identifiable natural person" means a person who can be readily identified, directly or indirectly.


Journal of the House - 85th Day - Monday, February 26, 2024 - Top of Page 11421

(o) "Known child" means a person under circumstances where a controller has actual knowledge of, or willfully disregards, that the person is under 13 years of age.

 

(p) "Personal data" means any information that is linked or reasonably linkable to an identified or identifiable natural person.  Personal data does not include deidentified data or publicly available information.  For purposes of this paragraph, "publicly available information" means information that (1) is lawfully made available from federal, state, or local government records or widely distributed media, or (2) a controller has a reasonable basis to believe a consumer has lawfully made available to the general public.

 

(q) "Process" or "processing" means any operation or set of operations that are performed on personal data or on sets of personal data, whether or not by automated means, such as the collection, use, storage, disclosure, analysis, deletion, or modification of personal data.

 

(r) "Processor" means a natural or legal person who processes personal data on behalf of a controller.

 

(s) "Profiling" means any form of automated processing of personal data to evaluate, analyze, or predict personal aspects related to an identified or identifiable natural person's economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.

 

(t) "Pseudonymous data" means personal data that cannot be attributed to a specific natural person without the use of additional information, provided that such additional information is kept separately and is subject to appropriate technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

 

(u) "Sale," "sell," or "sold" means the exchange of personal data for monetary or other valuable consideration by the controller to a third party.  Sale does not include the following:

 

(1) the disclosure of personal data to a processor who processes the personal data on behalf of the controller;

 

(2) the disclosure of personal data to a third party for purposes of providing a product or service requested by the consumer;

 

(3) the disclosure or transfer of personal data to an affiliate of the controller;

 

(4) the disclosure of information that the consumer intentionally made available to the general public via a channel of mass media, and did not restrict to a specific audience; or

 

(5) the disclosure or transfer of personal data to a third party as an asset that is part of a completed or proposed merger, acquisition, bankruptcy, or other transaction in which the third party assumes control of all or part of the controller's assets.

 

(v) Sensitive data is a form of personal data.  "Sensitive data" means:

 

(1) personal data revealing racial or ethnic origin, religious beliefs, mental or physical health condition or diagnosis, sexual orientation, or citizenship or immigration status;

 

(2) the processing of biometric data or genetic information for the purpose of uniquely identifying an individual;

 

(3) the personal data of a known child; or

 

(4) specific geolocation data.

 

(w) "Specific geolocation data" means information derived from technology, including, but not limited to, global positioning system level latitude and longitude coordinates or other mechanisms, that directly identifies the specific location of a consumer or a device linked to a consumer with sufficient accuracy to determine the consumer's street


Journal of the House - 85th Day - Monday, February 26, 2024 - Top of Page 11422

address.  Specific geolocation data does not include the content of communications, the contents of databases containing street address information which are accessible to the public as authorized by law, or any data generated by or connected to advanced utility metering infrastructure systems or other equipment for use by a public utility.

 

(x) "Targeted advertising" means displaying advertisements to a consumer where the advertisement is selected based on personal data obtained or inferred from the consumer's activities over time and across nonaffiliated websites or online applications to predict the consumer's preferences or interests.  It does not include:

 

(1) advertising based on activities within a controller's own websites or online applications;

 

(2) advertising based on the context of a consumer's current search query or visit to a website or online application;

 

(3) advertising to a consumer in response to the consumer's request for information or feedback; or

 

(4) processing personal data solely for measuring or reporting advertising performance, reach, or frequency.

 

(y) "Third party" means a natural or legal person, public authority, agency, or body other than the consumer, controller, processor, or an affiliate of the processor or the controller.

 

(z) "Trade secret" has the meaning given in section 325C.01, subdivision 5.

 

Sec. 4.  [325O.03] SCOPE; EXCLUSIONS.

 

Subdivision 1.  Scope.  (a) This chapter applies to legal entities that conduct business in Minnesota or produce products or services that are targeted to residents of Minnesota, and that satisfy one or more of the following thresholds:

 

(1) during a calendar year, controls or processes personal data of 100,000 consumers or more, excluding personal data controlled or processed solely for the purpose of completing a payment transaction; or

 

(2) derives over 25 percent of gross revenue from the sale of personal data and processes or controls personal data of 25,000 consumers or more.

 

(b) A controller or processor acting as a technology provider under section 13.32 shall comply with both this chapter and section 13.32, except that, when the provisions of section 13.32 conflict with this chapter, section 13.32 prevails.

 

Subd. 2.  Exclusions.  (a) This chapter does not apply to the following entities, activities, or types of information:

 

(1) a government entity, as defined by section 13.02, subdivision 7a;

 

(2) a federally recognized Indian tribe;

 

(3) information that meets the definition of:

 

(i) protected health information as defined by and for purposes of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and related regulations;

 

(ii) health records, as defined in section 144.291, subdivision 2;

 

(iii) patient identifying information for purposes of Code of Federal Regulations, title 42, part 2, established pursuant to United States Code, title 42, section 290dd-2;


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(iv) identifiable private information for purposes of the federal policy for the protection of human subjects, Code of Federal Regulations, title 45, part 46; identifiable private information that is otherwise information collected as part of human subjects research pursuant to the good clinical practice guidelines issued by the International Council for Harmonisation; the protection of human subjects under Code of Federal Regulations, title 21, parts 50 and 56; or personal data used or shared in research conducted in accordance with one or more of the requirements set forth in this paragraph;

 

(v) information and documents created for purposes of the federal Health Care Quality Improvement Act of 1986, Public Law 99-660, and related regulations; or

 

(vi) patient safety work product for purposes of Code of Federal Regulations, title 42, part 3, established pursuant to United States Code, title 42, sections 299b-21 to 299b-26;

 

(4) information that is derived from any of the health care-related information listed in clause (3), but that has been deidentified in accordance with the requirements for deidentification set forth in Code of Federal Regulations, title 45, part 164;

 

(5) information originating from, and intermingled to be indistinguishable with, any of the health care-related information listed in clause (3) that is maintained by:

 

(i) a covered entity or business associate as defined by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and related regulations;

 

(ii) a health care provider, as defined in section 144.291, subdivision 2; or

 

(iii) a program or a qualified service organization as defined by Code of Federal Regulations, title 42, part 2, established pursuant to United States Code, title 42, section 290dd-2;

 

(6) information used only for public health activities and purposes as described in Code of Federal Regulations, title 45, section 164.512;

 

(7) an activity involving the collection, maintenance, disclosure, sale, communication, or use of any personal data bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living by a consumer reporting agency, as defined in United States Code, title 15, section 1681a(f), by a furnisher of information, as set forth in United States Code, title 15, section 1681s-2, who provides information for use in a consumer report, as defined in United States Code, title 15, section 1681a(d), and by a user of a consumer report, as set forth in United States Code, title 15, section 1681b, except that information is only excluded under this paragraph to the extent that such activity involving the collection, maintenance, disclosure, sale, communication, or use of such information by that agency, furnisher, or user is subject to regulation under the federal Fair Credit Reporting Act, United States Code, title 15, sections 1681 to 1681x, and the information is not collected, maintained, used, communicated, disclosed, or sold except as authorized by the Fair Credit Reporting Act;

 

(8) personal data collected, processed, sold, or disclosed pursuant to the federal Gramm-Leach-Bliley Act, Public Law 106-102, and implementing regulations, if the collection, processing, sale, or disclosure is in compliance with that law;

 

(9) personal data collected, processed, sold, or disclosed pursuant to the federal Driver's Privacy Protection Act of 1994, United States Code, title 18, sections 2721 to 2725, if the collection, processing, sale, or disclosure is in compliance with that law;

 

(10) personal data regulated by the federal Family Educations Rights and Privacy Act, United States Code, title 20, section 1232g, and its implementing regulations;


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(11) personal data collected, processed, sold, or disclosed pursuant to the federal Farm Credit Act of 1971, as amended, United States Code, title 12, sections 2001 to 2279cc, and its implementing regulations, Code of Federal Regulations, title 12, part 600, if the collection, processing, sale, or disclosure is in compliance with that law;

 

(12) data collected or maintained:

 

(i) in the course of an individual acting as a job applicant to or an employee, owner, director, officer, medical staff member, or contractor of that business if it is collected and used solely within the context of that role;

 

(ii) as the emergency contact information of an individual under item (i) if used solely for emergency contact purposes; or

 

(iii) that is necessary for the business to retain to administer benefits for another individual relating to the individual under item (i) if used solely for the purposes of administering those benefits;

 

(13) personal data collected, processed, sold, or disclosed pursuant to the Minnesota Insurance Fair Information Reporting Act in sections 72A.49 to 72A.505;

 

(14) data collected, processed, sold, or disclosed as part of a payment-only credit, check, or cash transaction where no data about consumers, as defined in section 325O.02, are retained;

 

(15) a state or federally chartered bank or credit union, or an affiliate or subsidiary that is only and directly engaged in financial activities, as described in United States Code, title 12, section 1843(k);

 

(16) information that originates from, or is intermingled so as to be indistinguishable from, information described in clause (8) of this paragraph and that a person licensed under chapter 56 collects, processes, uses, or maintains in the same manner as is required under the laws and regulations specified in clause (8) of this paragraph;

 

(17) an insurance company, as defined in section 60A.02, subdivision 4, an insurance producer, as defined in section 60K.31, subdivision 6, a third-party administrator of self-insurance, or an affiliate or subsidiary of any of the foregoing that is only and directly engaged in financial activities, as described in United States Code, title 12, section 1843(k), except that this clause does not apply to a person that, alone or in combination with another person, establishes and maintains a self-insurance program that does not otherwise engage in the business of entering into policies of insurance;

 

(18) a small business as defined by the United States Small Business Administration under Code of Federal Regulations, title 13, part 121, except that such a small business is subject to section 325O.075; and

 

(19) a nonprofit organization that is established to detect and prevent fraudulent acts in connection with insurance.

 

(b) Controllers that are in compliance with the Children's Online Privacy Protection Act, United States Code, title 15, sections 6501 to 6506, and its implementing regulations, shall be deemed compliant with any obligation to obtain parental consent under this chapter.

 

Sec. 5.  [325O.04] RESPONSIBILITY ACCORDING TO ROLE.

 

(a) Controllers and processors are responsible for meeting their respective obligations established under this chapter.

 

(b) Processors are responsible under this chapter for adhering to the instructions of the controller and assisting the controller to meet its obligations under this chapter.  Such assistance shall include the following:


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(1) taking into account the nature of the processing, the processor shall assist the controller by appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of the controller's obligation to respond to consumer requests to exercise their rights pursuant to section 325O.05; and

 

(2) taking into account the nature of processing and the information available to the processor, the processor shall assist the controller in meeting the controller's obligations in relation to the security of processing the personal data and in relation to the notification of a breach of the security of the system pursuant to section 325E.61, and shall provide information to the controller necessary to enable the controller to conduct and document any data privacy and protection assessments required by section 325O.08.

 

(c) A contract between a controller and a processor shall govern the processor's data processing procedures with respect to processing performed on behalf of the controller.  The contract shall be binding and clearly set forth instructions for processing data, the nature and purpose of processing, the type of data subject to processing, the duration of processing, and the rights and obligations of both parties.  The contract shall also require that the processor:

 

(1) ensure that each person processing the personal data is subject to a duty of confidentiality with respect to the data; and

 

(2) engage a subcontractor only (i) after providing the controller with an opportunity to object, and (ii) pursuant to a written contract in accordance with paragraph (e) that requires the subcontractor to meet the obligations of the processor with respect to the personal data.

 

(d) Taking into account the context of processing, the controller and the processor shall implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk and establish a clear allocation of the responsibilities between the controller and the processor to implement such measures.

 

(e) Processing by a processor shall be governed by a contract between the controller and the processor that is binding on both parties and that sets out the processing instructions to which the processor is bound, including the nature and purpose of the processing, the type of personal data subject to the processing, the duration of the processing, and the obligations and rights of both parties.  In addition, the contract shall include the requirements imposed by this paragraph, paragraphs (c) and (d), as well as the following requirements:

 

(1) at the choice of the controller, the processor shall delete or return all personal data to the controller as requested at the end of the provision of services, unless retention of the personal data is required by law;

 

(2) upon a reasonable request from the controller, the processor shall make available to the controller all information necessary to demonstrate compliance with the obligations in this chapter; and

 

(3) the processor shall allow for, and contribute to, reasonable assessments and inspections by the controller or the controller's designated assessor.  Alternatively, the processor may arrange for a qualified and independent assessor to conduct, at least annually and at the processor's expense, an assessment of the processor's policies and technical and organizational measures in support of the obligations under this chapter.  The assessor must use an appropriate and accepted control standard or framework and assessment procedure for such assessments as applicable, and shall provide a report of such assessment to the controller upon request.

 

(f) In no event shall any contract relieve a controller or a processor from the liabilities imposed on them by virtue of their roles in the processing relationship under this chapter.

 

(g) Determining whether a person is acting as a controller or processor with respect to a specific processing of data is a fact-based determination that depends upon the context in which personal data are to be processed.  A person that is not limited in the person's processing of personal data pursuant to a controller's instructions, or that


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fails to adhere to such instructions, is a controller and not a processor with respect to a specific processing of data.  A processor that continues to adhere to a controller's instructions with respect to a specific processing of personal data remains a processor.  If a processor begins, alone or jointly with others, determining the purposes and means of the processing of personal data, it is a controller with respect to such processing.

 

Sec. 6.  [325O.05] CONSUMER PERSONAL DATA RIGHTS.

 

Subdivision 1.  Consumer rights provided.  (a) Except as provided in this chapter, a controller must comply with a request to exercise the consumer rights provided in this subdivision.

 

(b) A consumer has the right to confirm whether or not a controller is processing personal data concerning the consumer and access the categories of personal data the controller is processing.

 

(c) A consumer has the right to correct inaccurate personal data concerning the consumer, taking into account the nature of the personal data and the purposes of the processing of the personal data.

 

(d) A consumer has the right to delete personal data concerning the consumer.

 

(e) A consumer has the right to obtain personal data concerning the consumer, which the consumer previously provided to the controller, in a portable and, to the extent technically feasible, readily usable format that allows the consumer to transmit the data to another controller without hindrance, where the processing is carried out by automated means.

 

(f) A consumer has the right to opt out of the processing of personal data concerning the consumer for purposes of targeted advertising, the sale of personal data, or profiling in furtherance of solely automated decisions that produce legal effects concerning a consumer or similarly significant effects concerning a consumer.

 

(g) If a consumer's personal data is profiled in furtherance of decisions that produce legal effects concerning a consumer or similarly significant effects concerning a consumer, the consumer has the right to question the result of such profiling and be informed of the reason that the profiling resulted in the decision, as well as the actions that the consumer might have taken to secure a different decision and the actions that the consumer might take to secure a different decision in the future.  The consumer has the right to review the customer's personal data used in the profiling.  If the decision is determined to have been based upon inaccurate personal data, the consumer has the right to have the data corrected and the profiling decision reevaluated based upon the corrected data.

 

Subd. 2.  Exercising consumer rights.  (a) A consumer may exercise the rights set forth in this section by submitting a request, at any time, to a controller specifying which rights the consumer wishes to exercise.

 

(b) In the case of processing personal data concerning a known child, the parent or legal guardian of the known child may exercise the rights of this chapter on the child's behalf.

 

(c) In the case of processing personal data concerning a consumer legally subject to guardianship or conservatorship under sections 524.5-101 to 524.5-502, the guardian or the conservator of the consumer may exercise the rights of this chapter on the consumer's behalf.

 

Subd. 3.  Universal opt-out mechanisms.  (a) A controller must allow a consumer to opt out of any processing of the consumer's personal data for the purposes of targeted advertising, or any sale of such personal data through an opt-out preference signal sent, with such consumer's consent, by a platform, technology, or mechanism to the controller indicating such consumer's intent to opt out of any such processing or sale.  The platform, technology, or mechanism must:

 

(1) not unfairly disadvantage another controller;

 

(2) not make use of a default setting, but require the consumer to make an affirmative, freely given, and unambiguous choice to opt out of any processing of the consumer's personal data;


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(3) be consumer-friendly and easy to use by the average consumer;

 

(4) be as consistent as possible with any other similar platform, technology, or mechanism required by any federal or state law or regulation; and

 

(5) enable the controller to accurately determine whether the consumer is a Minnesota resident and whether the consumer has made a legitimate request to opt out of any sale of such consumer's personal data or targeted advertising.

 

(b) If a consumer's opt-out request is exercised through the platform, technology, or mechanism required under paragraph (a), and the request conflicts with the consumer's existing controller-specific privacy setting or voluntary participation in a controller's bona fide loyalty, rewards, premium features, discounts, or club card program, the controller must comply with the consumer's opt-out preference signal but may also notify the consumer of the conflict and provide the consumer a choice to confirm the controller-specific privacy setting or participation in such program.

 

(c) The platform, technology, or mechanism required under paragraph (a) is subject to the requirements of subdivision 4.

 

(d) A controller that recognizes opt-out preference signals that have been approved by other state laws or regulations is in compliance with this subdivision.

 

Subd. 4.  Controller response to consumer requests.  (a) Except as provided in this chapter, a controller must comply with a request to exercise the rights pursuant to subdivision 1.

 

(b) A controller must provide one or more secure and reliable means for consumers to submit a request to exercise their rights under this section.  These means must take into account the ways in which consumers interact with the controller and the need for secure and reliable communication of the requests.

 

(c) A controller may not require a consumer to create a new account in order to exercise a right, but a controller may require a consumer to use an existing account to exercise the consumer's rights under this section.

 

(d) A controller must comply with a request to exercise the right in subdivision 1, paragraph (f), as soon as feasibly possible, but no later than 45 days of receipt of the request.

 

(e) A controller must inform a consumer of any action taken on a request under subdivision 1 without undue delay and in any event within 45 days of receipt of the request.  That period may be extended once by 45 additional days where reasonably necessary, taking into account the complexity and number of the requests.  The controller must inform the consumer of any such extension within 45 days of receipt of the request, together with the reasons for the delay.

 

(f) If a controller does not take action on a consumer's request, the controller must inform the consumer without undue delay and at the latest within 45 days of receipt of the request of the reasons for not taking action and instructions for how to appeal the decision with the controller as described in subdivision 5.

 

(g) Information provided under this section must be provided by the controller free of charge, up to twice annually to the consumer.  Where requests from a consumer are manifestly unfounded or excessive, in particular because of their repetitive character, the controller may either charge a reasonable fee to cover the administrative costs of complying with the request, or refuse to act on the request.  The controller bears the burden of demonstrating the manifestly unfounded or excessive character of the request.

 

(h) A controller is not required to comply with a request to exercise any of the rights under subdivision 1, paragraphs (b) to (e), if the controller is unable to authenticate the request using commercially reasonable efforts.  In such cases, the controller may request the provision of additional information reasonably necessary to authenticate the request.  A controller is not required to authenticate an opt-out request, but a controller may deny an opt-out


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request if the controller has a good faith, reasonable, and documented belief that such request is fraudulent.  If a controller denies an opt-out request because the controller believes such request is fraudulent, the controller must notify the person who made the request that the request was denied due to the controller's belief that the request was fraudulent and state the controller's basis for that belief.

 

(i) In response to a consumer request under subdivision 1, a controller must not disclose the following information about a consumer, but must instead inform the consumer with sufficient particularity that it has collected that type of information:

 

(1) Social Security number;

 

(2) driver's license number or other government-issued identification number;

 

(3) financial account number;

 

(4) health insurance account number or medical identification number;

 

(5) account password, security questions, or answers; or

 

(6) biometric data.

 

(j) In response to a consumer request under subdivision 1, a controller is not required to reveal any trade secret.

 

(k) A controller that has obtained personal data about a consumer from a source other than the consumer may comply with a consumer's request to delete such data pursuant to subdivision 1, paragraph (d), by either: 

 

(1) retaining a record of the deletion request, retaining the minimum data necessary for the purpose of ensuring the consumer's personal data remains deleted from the business's records, and not using the retained data for any other purpose pursuant to the provisions of this chapter; or

 

(2) opting the consumer out of the processing of such personal data for any purpose except for those exempted pursuant to the provisions of this chapter.

 

Subd. 5.  Appeal process required.  (a) A controller must establish an internal process whereby a consumer may appeal a refusal to take action on a request to exercise any of the rights under subdivision 1 within a reasonable period of time after the consumer's receipt of the notice sent by the controller under subdivision 4, paragraph (f).

 

(b) The appeal process must be conspicuously available.  The process must include the ease of use provisions in subdivision 3 applicable to submitting requests.

 

(c) Within 45 days of receipt of an appeal, a controller must inform the consumer of any action taken or not taken in response to the appeal, along with a written explanation of the reasons in support thereof.  That period may be extended by 60 additional days where reasonably necessary, taking into account the complexity and number of the requests serving as the basis for the appeal.  The controller must inform the consumer of any such extension within 45 days of receipt of the appeal, together with the reasons for the delay.  If the appeal is denied, the controller must also provide the consumer with an email address or other online mechanism through which the consumer may submit the appeal, along with any action taken or not taken by the controller in response to the appeal and the controller's written explanation of the reasons in support thereof, to the attorney general.

 

(d) When informing a consumer of any action taken or not taken in response to an appeal pursuant to paragraph (c), the controller must clearly and prominently provide the consumer with information about how to file a complaint with the Office of the Attorney General.  The controller must maintain records of all such appeals and the controller's responses for at least 24 months and shall, upon written request by the attorney general as part of an investigation, compile and provide a copy of the records to the attorney general.


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Sec. 7.  [325O.06] PROCESSING DEIDENTIFIED DATA OR PSEUDONYMOUS DATA.

 

(a) This chapter does not require a controller or processor to do any of the following solely for purposes of complying with this chapter:

 

(1) reidentify deidentified data;

 

(2) maintain data in identifiable form, or collect, obtain, retain, or access any data or technology, in order to be capable of associating an authenticated consumer request with personal data; or

 

(3) comply with an authenticated consumer request to access, correct, delete, or port personal data pursuant to section 325O.05, subdivision 1, if all of the following are true:

 

(i) the controller is not reasonably capable of associating the request with the personal data, or it would be unreasonably burdensome for the controller to associate the request with the personal data;

 

(ii) the controller does not use the personal data to recognize or respond to the specific consumer who is the subject of the personal data, or associate the personal data with other personal data about the same specific consumer; and

 

(iii) the controller does not sell the personal data to any third party or otherwise voluntarily disclose the personal data to any third party other than a processor, except as otherwise permitted in this section.

 

(b) The rights contained in section 325O.05, subdivision 1, paragraphs (b) to (e), do not apply to pseudonymous data in cases where the controller is able to demonstrate any information necessary to identify the consumer is kept separately and is subject to effective technical and organizational controls that prevent the controller from accessing such information.

 

(c) A controller that uses pseudonymous data or deidentified data must exercise reasonable oversight to monitor compliance with any contractual commitments to which the pseudonymous data or deidentified data are subject, and must take appropriate steps to address any breaches of contractual commitments.

 

(d) A processor or third party must not attempt to identify the subjects of deidentified or pseudonymous data without the express authority of the controller that caused the data to be deidentified or pseudonymized.

 

(e) A controller, processor, or third party must not attempt to identify the subjects of data that has been collected with only pseudonymous identifiers.

 

Sec. 8.  [325O.07] RESPONSIBILITIES OF CONTROLLERS.

 

Subdivision 1.  Transparency obligations.  (a) Controllers must provide consumers with a reasonably accessible, clear, and meaningful privacy notice that includes:

 

(1) the categories of personal data processed by the controller;

 

(2) the purposes for which the categories of personal data are processed;

 

(3) an explanation of the rights contained in section 325O.05 and how and where consumers may exercise those rights, including how a consumer may appeal a controller's action with regard to the consumer's request;

 

(4) the categories of personal data that the controller sells to or shares with third parties, if any;

 

(5) the categories of third parties, if any, with whom the controller sells or shares personal data;

 

(6) the controller's contact information, including an active email address or other online mechanism that the consumer may use to contact the controller;


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(7) a description of the controller's retention policies for personal data;

 

(8) the date the privacy notice was last updated.

 

(b) If a controller sells personal data to third parties, processes personal data for targeted advertising, or engages in profiling in furtherance of decisions that produce legal effects concerning a consumer or similarly significant effects concerning a consumer, it must disclose such processing in the privacy notice and provide access to a clear and conspicuous method outside the privacy notice for a consumer to opt out of the sale, processing, or profiling in furtherance of decisions that produce legal effects concerning a consumer or similarly significant effects concerning a consumer.  This method may include but is not limited to an internet hyperlink clearly labeled "Your Opt-Out Rights" or "Your Privacy Rights" that directly effectuates the opt-out request or takes consumers to a web page where the consumer can make the opt-out request.

 

(c) The privacy notice must be made available to the public in each language in which the controller provides a product or service that is subject to the privacy notice or carries out activities related to such product or service.

 

(d) The controller must provide the privacy notice in a manner that is reasonably accessible to and usable by individuals with disabilities.

 

(e) Whenever a controller makes a material change to its privacy notice or practices, the controller must notify consumers affected by the material change with respect to any prospectively collected personal data and provide a reasonable opportunity for consumers to withdraw consent to any further materially different collection, processing, or transfer of previously collected personal data under the changed policy.  The controller shall take all reasonable electronic measures to provide notification regarding material changes to affected consumers, taking into account available technology and the nature of the relationship.

 

(f) A controller is not required to provide a separate Minnesota-specific privacy notice or section of a privacy notice if the controller's general privacy notice contains all the information required by this section.

 

(g) The privacy notice must be posted online through a conspicuous hyperlink using the word "privacy" on the controller's website home page or on a mobile application's app store page or download page.  A controller that maintains an application on a mobile or other device shall also include a hyperlink to the privacy notice in the application's settings menu.  A controller that does not operate a website shall make the privacy notice conspicuously available to consumers through a medium regularly used by the controller to interact with consumers, including but not limited to mail.

 

Subd. 2.  Use of data.  (a) A controller must limit the collection of personal data to what is adequate, relevant, and reasonably necessary in relation to the purposes for which such data are processed, as disclosed to the consumer.

 

(b) Except as provided in this chapter, a controller may not process personal data for purposes that are not reasonably necessary to, or compatible with, the purposes for which such personal data are processed, as disclosed to the consumer, unless the controller obtains the consumer's consent.

 

(c) A controller shall establish, implement, and maintain reasonable administrative, technical, and physical data security practices to protect the confidentiality, integrity, and accessibility of personal data.  Such data security practices shall be appropriate to the volume and nature of the personal data at issue.

 

(d) Except as otherwise provided in this act, a controller may not process sensitive data concerning a consumer without obtaining the consumer's consent, or, in the case of the processing of personal data concerning a known child, without obtaining consent from the child's parent or lawful guardian, in accordance with the requirement of the Children's Online Privacy Protection Act, United States Code, title 15, sections 6501 to 6506, and its implementing regulations, rules, and exemptions.


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(e) A controller shall provide an effective mechanism for a consumer, or, in the case of the processing of personal data concerning a known child, the child's parent or lawful guardian, to revoke previously given consent under this subdivision.  The mechanism provided shall be at least as easy as the mechanism by which the consent was previously given.  Upon revocation of consent, a controller shall cease to process the applicable data as soon as practicable, but not later than 15 days after the receipt of such request.

 

(f) A controller may not process the personal data of a consumer for purposes of targeted advertising, or sell the consumer's personal data without the consumer's consent, under circumstances where the consumer is between the ages of 13 and 16.

 

Subd. 3.  Nondiscrimination.  (a) A controller shall not process personal data on the basis of a consumer's or a class of consumers' actual or perceived race, color, ethnicity, religion, national origin, sex, gender, gender identity, sexual orientation, familial status, lawful source of income, or disability in a manner that unlawfully discriminates against the consumer or class of consumers with respect to the offering or provision of:  housing, employment, credit, or education; or the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation.

 

(b) A controller may not discriminate against a consumer for exercising any of the rights contained in this chapter, including denying goods or services to the consumer, charging different prices or rates for goods or services, and providing a different level of quality of goods and services to the consumer.  This subdivision does not prohibit a controller from offering a different price, rate, level, quality, or selection of goods or services to a consumer, including offering goods or services for no fee, if the offering is in connection with a consumer's voluntary participation in a bona fide loyalty, rewards, premium features, discounts, or club card program.

 

(c) A controller may not sell personal data to a third-party controller as part of a bona fide loyalty, rewards, premium features, discounts, or club card program under paragraph (b) unless:

 

(1) the sale is reasonably necessary to enable the third party to provide a benefit to which the consumer is entitled;

 

(2) the sale of personal data to third parties is clearly disclosed in the terms of the program; and

 

(3) the third party uses the personal data only for purposes of facilitating such a benefit to which the consumer is entitled and does not retain or otherwise use or disclose the personal data for any other purpose.

 

Subd. 4.  Waiver of rights unenforceable.  Any provision of a contract or agreement of any kind that purports to waive or limit in any way a consumer's rights under this chapter shall be deemed contrary to public policy and shall be void and unenforceable.

 

Sec. 9.  [325O.075] REQUIREMENTS FOR SMALL BUSINESSES.

 

(a) A small business, as defined by the United States Small Business Administration under Code of Federal Regulations, title 13, part 121, that conducts business in Minnesota or produces products or services that are targeted to residents of Minnesota, must not sell a consumer's sensitive data without the consumer's prior consent.

 

(b) Penalties and attorney general enforcement procedures under section 325O.10 apply to a small business that violates this section.

 

Sec. 10.  [325O.08] DATA PRIVACY AND PROTECTION ASSESSMENTS.

 

(a) A controller must conduct, document, and maintain a data privacy and protection assessment that describes the policies and procedures it has adopted to comply with the provisions of this act.  This assessment must include:

 

(1) the name and contact information for the controller's chief privacy officer or other officer with primary responsibility for directing the policies and procedures implemented to comply with the provisions of this chapter;


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(2) a description of the controller's data privacy policies and procedures which ensure compliance with section 325O.07, and any policies and procedures designed to:

 

(i) reflect the requirements of this act in the design of its systems from their inception;

 

(ii) identify and provide personal data to a consumer as required by this act;

 

(iii) maintain the accuracy and integrity of personal data subject to this act;

 

(iv) prevent the collection of personal data that is not necessary to provide services which have been requested by the consumer;

 

(v) prevent the retention of personal data that is no longer needed to provide services to the consumer; and

 

(vi) identify and remediate violations of this act;

 

(3) a description of the controller's data protection processes and procedures for each of the following processing activities involving personal data:

 

(i) the processing of personal data for purposes of targeted advertising;

 

(ii) the sale of personal data;

 

(iii) the processing of sensitive data;

 

(iv) any processing activities involving personal data that present a heightened risk of harm to consumers; and

 

(v) the processing of personal data for purposes of profiling, where such profiling presents a reasonably foreseeable risk of:

 

(A) unfair or deceptive treatment of, or disparate impact on, consumers;

 

(B) financial, physical, or reputational injury to consumers;

 

(C) a physical or other intrusion upon the solitude or seclusion, or the private affairs or concerns, of consumers, where such intrusion would be offensive to a reasonable person; or

 

(D) other substantial injury to consumers; and

 

(4) a description of the data dictionary, metadata catalog, or other means by which the controller maintains its inventory of data that must be managed to exercise its responsibilities under section 325O.05.

 

(b) A data privacy and protection assessment must take into account the type of personal data to be processed by the controller, including the extent to which the personal data are sensitive data, and the context in which the personal data are to be processed.

 

(c) A data privacy and protection assessment must identify and weigh the benefits that may flow directly and indirectly from the processing to the controller, consumer, other stakeholders, and the public against the potential risks to the rights of the consumer associated with such processing, as mitigated by safeguards that can be employed by the controller to reduce such risks.  The use of deidentified data and the reasonable expectations of consumers, as well as the context of the processing and the relationship between the controller and the consumer whose personal data will be processed, must be factored into this assessment by the controller.


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(d) As part of a civil investigative demand, the attorney general may request, in writing, that a controller disclose any data privacy and protection assessment that is relevant to an investigation conducted by the attorney general.  The controller must make a data privacy and protection assessment available to the attorney general upon such a request.  The attorney general may evaluate the data privacy and protection assessments for compliance with this chapter.  Data privacy and protection assessments are classified as nonpublic data, as defined by section 13.02, subdivision 9.  The disclosure of a data privacy and protection assessment pursuant to a request from the attorney general under this paragraph does not constitute a waiver of the attorney-client privilege or work product protection with respect to the assessment and any information contained in the assessment.

 

(e) Data privacy and protection assessments conducted by a controller for the purpose of compliance with other laws or regulations may qualify under this section if they have a similar scope and effect.

 

(f) A single data protection assessment may address multiple sets of comparable processing operations that include similar activities.

 

Sec. 11.  [325O.09] LIMITATIONS AND APPLICABILITY.

 

(a) The obligations imposed on controllers or processors under this chapter do not restrict a controller's or a processor's ability to:

 

(1) comply with federal, state, or local laws, rules, or regulations;

 

(2) comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, local, or other governmental authorities;

 

(3) cooperate with law enforcement agencies concerning conduct or activity that the controller or processor reasonably and in good faith believes may violate federal, state, or local laws, rules, or regulations;

 

(4) investigate, establish, exercise, prepare for, or defend legal claims;

 

(5) provide a product or service specifically requested by a consumer, perform a contract to which the consumer is a party, including fulfilling the terms of a written warranty, or take steps at the request of the consumer prior to entering into a contract;

 

(6) take immediate steps to protect an interest that is essential for the life or physical safety of the consumer or of another natural person, and where the processing cannot be manifestly based on another legal basis;

 

(7) prevent, detect, protect against, or respond to security incidents, identity theft, fraud, harassment, malicious or deceptive activities, or any illegal activity; preserve the integrity or security of systems; or investigate, report, or prosecute those responsible for any such action;

 

(8) assist another controller, processor, or third party with any of the obligations under this paragraph;

 

(9) engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws and is approved, monitored, and governed by an institutional review board, human subjects research ethics review board, or a similar independent oversight entity which has determined that:

 

(i) the research is likely to provide substantial benefits that do not exclusively accrue to the controller;

 

(ii) the expected benefits of the research outweigh the privacy risks; and

 

(iii) the controller has implemented reasonable safeguards to mitigate privacy risks associated with research, including any risks associated with reidentification; or


Journal of the House - 85th Day - Monday, February 26, 2024 - Top of Page 11434

(10) process personal data for the benefit of the public in the areas of public health, community health, or population health, but only to the extent that such processing is:

 

(i) subject to suitable and specific measures to safeguard the rights of the consumer whose personal data is being processed; and

 

(ii) under the responsibility of a professional individual who is subject to confidentiality obligations under federal, state, or local law.

 

(b) The obligations imposed on controllers or processors under this chapter do not restrict a controller's or processor's ability to collect, use, or retain data for internal use only to:

 

(1) effectuate a product recall or identify and repair technical errors that impair existing or intended functionality;

 

(2) perform solely internal operations that are reasonably aligned with the expectations of the consumer based on the consumer's existing relationship with the controller, or are otherwise compatible with processing in furtherance of the provision of a product or service specifically requested by a consumer or the performance of a contract to which the consumer is a party when those internal operations are performed during, and not following, the consumer's relationship with the controller; or

 

(3) conduct internal research to develop, improve, or repair products, services, or technology.

 

(c) The obligations imposed on controllers or processors under this chapter do not apply where compliance by the controller or processor with this chapter would violate an evidentiary privilege under Minnesota law and do not prevent a controller or processor from providing personal data concerning a consumer to a person covered by an evidentiary privilege under Minnesota law as part of a privileged communication.

 

(d) A controller or processor that discloses personal data to a third-party controller or processor in compliance with the requirements of this chapter is not in violation of this chapter if the recipient processes such personal data in violation of this chapter, provided that, at the time of disclosing the personal data, the disclosing controller or processor did not have actual knowledge that the recipient intended to commit a violation.  A third-party controller or processor receiving personal data from a controller or processor in compliance with the requirements of this chapter is likewise not in violation of this chapter for the obligations of the controller or processor from which it receives such personal data.

 

(e) Obligations imposed on controllers and processors under this chapter shall not:

 

(1) adversely affect the rights or freedoms of any persons, such as exercising the right of free speech pursuant to the First Amendment of the United States Constitution; or

 

(2) apply to the processing of personal data by a natural person in the course of a purely personal or household activity.

 

(f) Personal data that are processed by a controller pursuant to this section must not be processed for any purpose other than those expressly listed in this section.  Personal data that are processed by a controller pursuant to this section may be processed solely to the extent that such processing is:

 

(1) necessary, reasonable, and proportionate to the purposes listed in this section;

 

(2) adequate, relevant, and limited to what is necessary in relation to the specific purpose or purposes listed in this section; and

 

(3) insofar as possible, taking into account the nature and purpose of processing the personal data, subjected to reasonable administrative, technical, and physical measures to protect the confidentiality, integrity, and accessibility of the personal data, and to reduce reasonably foreseeable risks of harm to consumers.


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(g) If a controller processes personal data pursuant to an exemption in this section, the controller bears the burden of demonstrating that such processing qualifies for the exemption and complies with the requirements in paragraph (f).

 

(h) Processing personal data solely for the purposes expressly identified in paragraph (a), clauses (1) to (7), does not, by itself, make an entity a controller with respect to such processing.

 

Sec. 12.  [325O.10] ATTORNEY GENERAL ENFORCEMENT.

 

(a) In the event that a controller or processor violates this chapter, the attorney general, prior to filing an enforcement action under paragraph (b), must provide the controller or processor with a warning letter identifying the specific provisions of this chapter the attorney general alleges have been or are being violated.  If, after 30 days of issuance of the warning letter, the attorney general believes the controller or processor has failed to cure any alleged violation, the attorney general may bring an enforcement action under paragraph (b).  This paragraph expires January 31, 2026.

 

(b) The attorney general may bring a civil action against a controller or processor to enforce a provision of this chapter in accordance with section 8.31.  If the state prevails in an action to enforce this chapter, the state may, in addition to penalties provided by paragraph (c) or other remedies provided by law, be allowed an amount determined by the court to be the reasonable value of all or part of the state's litigation expenses incurred.

 

(c) Any controller or processor that violates this chapter is subject to an injunction and liable for a civil penalty of not more than $7,500 for each violation.

 

(d) Nothing in this chapter establishes a private right of action, including under section 8.31, subdivision 3a, for a violation of this chapter or any other law.

 

Sec. 13.  [325O.11] PREEMPTION OF LOCAL LAW; SEVERABILITY.

 

(a) This chapter supersedes and preempts laws, ordinances, regulations, or the equivalent adopted by any local government regarding the processing of personal data by controllers or processors.

 

(b) If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

 

Sec. 14.  EFFECTIVE DATE.

 

This act is effective July 31, 2025, except that postsecondary institutions regulated by the Office of Higher Education and nonprofit corporations governed by Minnesota Statutes, chapter 317A, are not required to comply with this act until July 31, 2029."

 

 

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.

 

 

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

 

H. F. No. 2704, A bill for an act relating to housing; providing a tenant's right to organize and penalties for retaliation for tenant organizing; amending Minnesota Statutes 2022, section 504B.001, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 504B.


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Reported the same back with the following amendments:

 

Page 1, delete lines 13 to 16

 

Page 2, line 7, delete "the following"

 

Page 2, line 8, before the colon, insert ", including but not limited to"

 

Page 2, after line 16, insert:

 

"(b) A tenant association using the rights provided in this chapter must adopt bylaws or an operating agreement related to the internal governance of the tenant association."

 

Page 2, line 17, delete "(b)" and insert "(c) A tenant association must be completely independent of owners, management, and their representatives."

 

Page 2, line 20, delete "(c)" and insert "(d)"

 

Page 2, line 24, after "may" insert "not" and delete "reasonable" and insert "unreasonable"

 

Page 3, line 18, delete "the provision of"

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Judiciary Finance and Civil Law.

 

      The report was adopted.

 

 

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

 

H. F. No. 3309, A bill for an act relating to civil actions; enacting the Uniform Public Expression Protection Act proposed for adoption by the National Conference of Commissioners on Uniform State Laws; proposing coding for new law in Minnesota Statutes, chapter 554; repealing Minnesota Statutes 2022, sections 554.01; 554.02; 554.03; 554.04; 554.045; 554.05; 554.06.

 

Reported the same back with the following amendments:

 

Page 2, line 8, delete "asserted"

 

Page 2, line 13, delete "or"

 

Page 2, line 16, delete the period and insert a semicolon

 

Page 2, after line 16, insert:

 

"(4) against a person named in a civil suit brought by a victim of a crime against a perpetrator;

 

(5) against a person named in a civil suit brought to establish or declare real property possessory rights, use of real property, recovery of real property, quiet title to real property, or related claims relating to real property;

 

(6) seeking recovery for bodily injury, wrongful death, or survival or to statements made regarding that legal action, unless the claims involve damage to reputation;


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(7) brought under the insurance code or arising out of an insurance contract;

 

(8) based on a common law fraud claim;

 

(9) brought under chapters 517 to 519A; or counterclaims based on a criminal no-contact order pursuant to section 629.72 or 629.75; for or based on an antiharassment order or a sexual assault protection order under section 518B.01; or for or based on a vulnerable adult protection order for crimes against the vulnerable adult under sections 609.232, 609.2325, 609.233, 609.2335, and 609.234;

 

(10) brought under chapters 175, 177, 178, 179, and 179A; negligent supervision, retention, or infliction of emotional distress unless the claims involve damage to reputation; wrongful discharge in violation of public policy; whistleblowing; or enforcement of employee rights under civil service, collective bargaining, or handbooks and policies;

 

(11) brought under consumer protection, chapter 325F or 325G; or

 

(12) for any claim brought under federal law.

 

(d) Sections 554.07 to 554.19 apply to a cause of action asserted under paragraph (c), clause (3), (8), or (11), when the cause of action is:

 

(1) a legal action against a person arising from any act of that person, whether public or private, related to the gathering, receiving, posting, or processing of information for communication to the public, whether or not the information is actually communicated to the public, for the creation, dissemination, exhibition, or advertisement or other similar promotion of a dramatic, literary, musical, political, journalistic, or otherwise artistic work, including audiovisual work regardless of the means of distribution, a motion picture, a television or radio program, or an article published in a newspaper, website, magazine, or other platform, no matter the method or extent of distribution; or

 

(2) a legal action against a person related to the communication, gathering, receiving, posting, or processing of consumer opinions or commentary, evaluations of consumer complaints, or reviews or ratings of businesses."

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 3389, A bill for an act relating to natural resources; requiring reporting of subsurface drain tile installation and modification; proposing coding for new law in Minnesota Statutes, chapter 103F.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  [103F.49] DRAIN TILE SELLER'S DISCLOSURE REQUIRED.

 

Subdivision 1.  Definition.  For purposes of this section, "drain tile" means a system of tile, corrugated plastic tubing, pipe, or other conduit installed beneath the ground surface on private or public land to collect and convey water.


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Subd. 2.  Disclosure required.  (a) Before signing an agreement to sell or transfer real property, the seller must disclose in writing to the buyer the status and location of all known drain tile on the property by delivering to the buyer:

 

(1) a statement by the seller that the seller does not know of any drain tile on the property; or

 

(2) a disclosure statement indicating the legal description and county and, to the extent practicable, a map drawn from available information and accurate to scale identifying the location of drain tile on the property, including all outlets and control structures, and the drainage water flow path for the first mile downstream of the drain tile.

 

(b) At the time of closing the sale, the disclosure statement information, name and mailing address of the buyer, and the quartile, section, township, and range in which drain tile is located must be provided on a drain tile disclosure certificate signed by the seller or a person authorized to act on behalf of the seller.

 

(c) A drain tile certificate need not be provided if the seller does not know of any drain tile on the property and the deed or other instrument of conveyance contains the statement:  "The Seller certifies that the Seller does not know of any drain tile on the described real property."

 

(d) If a deed is given pursuant to a contract for deed, the drain tile disclosure certificate required by this subdivision must be signed by the buyer or a person authorized to act on behalf of the buyer.  If the buyer knows of no drain tile on the property, a drain tile disclosure certificate is not required if the following statement appears on the deed, followed by the signature of the grantee or, if there is more than one grantee, the signature of at least one of the grantees:  "The Grantee certifies that the Grantee does not know of any drain tile on the described real property." The statement and signature of the grantee may be on the front or back of the deed or on an attached sheet, and an acknowledgment of the statement by the grantee is not required for the deed to be recordable.

 

(e) If the seller fails to provide a required drain tile disclosure certificate, the buyer, or a person authorized to act on behalf of the buyer, may sign a drain tile disclosure certificate based on the information provided on the disclosure statement required by this section or based on other available information.

 

(f) A county recorder or registrar of titles may not record a deed or other instrument of conveyance dated after August 1, 2024, for which a certificate of value is required under section 272.115, or any deed or other instrument of conveyance dated after August 1, 2024, from a governmental body exempt from the payment of state deed tax, unless the deed or other instrument of conveyance contains the statement made in accordance with paragraph (c) or (d) or is accompanied by the well disclosure certificate containing all the information required by paragraph (b) or (d).

 

(g) The county recorder or registrar of titles must not accept a certificate unless it contains all required information.  The county recorder or registrar of titles must note on each deed or other instrument of conveyance accompanied by a drain tile disclosure certificate that the drain tile disclosure certificate was received.  The notation must include the statement "No drain tile on property" if the disclosure certificate states that there is no drain tile on the property.

 

(h) The drain tile disclosure certificate must not be filed or recorded in the records maintained by the county recorder or registrar of titles.  After noting "No drain tile on property" on the deed or other instrument of conveyance, the county recorder or registrar of titles must destroy or return to the buyer the drain tile disclosure certificate. 

 

(i) The county recorder or registrar of titles must collect from the buyer or the person seeking to record a deed or other instrument of conveyance a fee of $50 for receipt of a completed drain tile disclosure certificate.  By the tenth day of each month, the county recorder or registrar of titles must transmit the drain tile disclosure certificates to the Board of Water and Soil Resources.  By the tenth day after the end of each calendar quarter, the county recorder or registrar of titles must transmit to the Board of Water and Soil Resources $42.50 of the fee for each drain disclosure certificate received during the quarter.  The board must maintain the drain tile disclosure certificate for at least six years.  The board may store the certificate as an electronic image.  A copy of that image is as valid as the original.


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(j) The Board of Water and Soil Resources, in consultation with county recorders, must prescribe the form for a drain tile disclosure certificate and provide drain tile disclosure certificate forms to county recorders, registrars of titles, and other interested persons.

 

(k) Failure to comply with a requirement of this section does not impair:

 

(1) the validity of a deed or other instrument of conveyance as between the parties to the deed or instrument or as to any other person who otherwise would be bound by the deed or instrument; or

 

(2) the record, as notice, of any deed or other instrument of conveyance accepted for filing or recording contrary to the provisions of this subdivision.

 

Subd. 3.  Liability for failure to disclose.  Unless the buyer and seller agree to the contrary, in writing, before the closing of the sale, a seller who fails to disclose the existence or known status of drain tile at the time of sale and knew or had reason to know of the existence or known status of the drain tile is liable to the buyer for costs incurred to maintain or repair the drain tile and reasonable attorney fees for collection of costs from the seller, if the action is commenced within six years after the date the buyer closed the purchase of the real property where the drain tile is located."

 

Delete the title and insert:

 

"A bill for an act relating to natural resources; requiring disclosure of subsurface drain tile; proposing coding for new law in Minnesota Statutes, chapter 103F."

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Judiciary Finance and Civil Law.

 

      The report was adopted.

 

 

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

 

H. F. No. 3483, A bill for an act relating to civil law; amending immunity for guardians; creating a task force on guardianship; requiring a report; amending Minnesota Statutes 2022, section 524.5-315; Minnesota Statutes 2023 Supplement, section 524.5-313.

 

Reported the same back with the following amendments:

 

Page 2, line 11, strike ".  Failure to satisfy the needs"

 

Page 2, line 12, strike "and requirements of this clause shall be grounds for removal of a private guardian"

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 3489, A bill for an act relating to education; providing for public safety; modifying the grounds for the use of reasonable force in schools; defining duties and establishing minimum training requirements for school resource officers; requiring development of a school resource officer model policy; appropriating money; amending


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Minnesota Statutes 2022, sections 121A.582, by adding a subdivision; 123B.02, by adding a subdivision; 124E.03, by adding a subdivision; 609.06, subdivision 1; 609.379, subdivision 1; Minnesota Statutes 2023 Supplement, sections 121A.58, subdivisions 1, 2a; 121A.582, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 626.

 

Reported the same back with the following amendments:

 

Page 5, line 21, after "officer's" insert "contractual" and after "duties" insert "with a school district or charter school"

 

Page 5, line 31, delete "mandated" and insert "described"

 

Page 6, after line 3, insert:

 

"(d) Nothing in this subdivision limits any other duty or responsibility imposed on peace officers; limits the expectation that peace officers will exercise professional judgment and discretion to protect the health, safety, and general welfare of the public when carrying out their duties; or creates a duty for school resource officers to protect students, staff, or others on school grounds that is different from the duty to protect the public as a whole."

 

Page 6, lines 5 and 10, delete "June" and insert "September"

 

Page 7, line 15, delete the second "and"

 

Page 7, line 16, delete the period and insert "; and"

 

Page 7, after line 16, insert:

 

"(14) the topics identified in section 626.8469, subdivision 1, as they pertain to juveniles or students."

 

Page 7, line 23, delete everything after "(a)" and insert "By December 31, 2024, the Board of Peace Officer Standards and Training shall develop a model school resource officer policy.  In developing the policy, the board must convene a group consisting of representatives from the Department of Public Safety's School Safety Center, the Minnesota School Boards Association, the Minnesota Association of Secondary School Principals, Education Minnesota, the Minnesota Sheriffs' Association, the Minnesota Chiefs of Police Association, the Minnesota Police and Peace Officers Association, the Minnesota Juvenile Officers Association, the National Association of School Resource Officers, Solutions Not Suspensions, the Minnesota Youth Council, the Minnesota Council on Disability, and one community organization supporting the rights of students receiving special education services.  The group must meet at least three times to discuss the topics identified in paragraph (b), address any related issues, and provide advice and direction regarding development of the model policy."

 

Page 7, delete lines 24 to 30

 

Page 8, line 1, after "contract" insert ", including but not limited to the use of plain clothes, modified uniforms, and other changes to school resource officer attire in order to foster a positive school climate, facilitate the establishment of positive relationships with students, and promote open communication"

 

Page 8, delete lines 2 to 6 and insert:

 

"(2) considerations for the proper use of force on school grounds, including:

 

(i) the prohibitions on choke holds and other restraints established in section 609.06, subdivision 3;

 

(ii) the prohibition on using force or the authority of the peace officer's office solely to enforce school rules or policies or participating in the enforcement of discipline for violations of school rules;


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(iii) the use of de-escalation techniques and other alternatives to higher levels of force that are appropriate with juveniles and students in a school setting;

 

(iv) response tactics and strategies that minimize the use and duration of prone restraint, as defined in section 121A.58, and other physical holds of students; and

 

(v) the duty to render reasonably prompt care, consistent with the officer's training, to a person who an officer physically holds or restrains;"

 

Page 8, line 18, delete "December" and insert "September"

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 3492, A bill for an act relating to education; establishing a computer science education advancement program; authorizing rulemaking; appropriating money.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2023 Supplement, section 120B.241, subdivision 1, is amended to read:

 

Subdivision 1.  Definitions.  (a) "Computer science" means the study of computers and algorithmic processes, including their principles, their hardware and software designs, their implementation, and their impact on society.

 

(b) "Computer science courses and content" means courses at:

 

(1) elementary and middle schools that teach computer science as standalone implementations or embedded in other subjects; and

 

(2) high schools that teach computer science as standalone courses and focus on teaching students how to create new technologies.

 

(c) "High-quality computer science educator training" means activities that:

 

(1) clarify the conceptual foundations of computer science;

 

(2) teach research-based practices, including hands-on and inquiry-based learning;

 

(3) are primarily intended for existing teachers with or without prior exposure to computer science with options for advanced training for teachers; and

 

(4) align to existing integrated computer science standards in Minnesota or nationally recognized standards, including the Computer Science Teachers' Association's kindergarten through grade 12 computer science education standards.

 

(d) "High-quality computer science professional learning providers" means institutions of higher education, nonprofits, other state-funded entities, or private entities that have successfully designed, implemented, and scaled high-quality computer science professional learning for teachers as defined in paragraph (c).


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(e) "STEAM" means science, technology, engineering, arts, and mathematics.

 

(f) "Subgroups underrepresented in computer science" means racial and ethnic minorities, girls, youth from families living at or below the poverty line as defined in the Elementary and Secondary Education Act of 1965, United States Code, title 20, section 8101, students with disabilities, or English language learners.

 

(g) "Teacher" means a teacher holding a license issued by the Professional Educator Licensing and Standards Board, including a licensed media specialist.

 

Sec. 2.  Minnesota Statutes 2023 Supplement, section 120B.241, subdivision 4, is amended to read:

 

Subd. 4.  Computer science educator training and capacity building.  (a) The Department of Education shall develop and implement, or award grants or subcontract with eligible entities, for the development and implementation of high-quality, coordinated teacher recruitment and educator training programs for computer science courses and content as defined in subdivision 1 and aligned to the state strategic plan as developed under subdivision 3.

 

(b) For the purposes of this subdivision, eligible entities include:

 

(1) a consortium of local educational agencies in the state; and

 

(2) high-quality computer science professional learning providers, including institutions of higher education in the state that are reasonably accessible geographically to all Minnesota educators, nonprofits, other state-funded entities, or private entities working in partnership with a consortium of local educational agencies.

 

(c) For purposes of this subdivision, eligible uses of funding include:

 

(1) high-quality professional learning opportunities for kindergarten through grade 12 computer science content that:

 

(i) are created and delivered in a consistent manner across the state;

 

(ii) are made available with no out-of-pocket expenses to educators, including teachers, counselors, administrators, and other district employees as approved by the Department of Education, schools, and school districts;

 

(iii) are made available asynchronously online, in person, and online or hybrid as determined appropriate by the Department of Education; and

 

(iv) include introductory, intermediate, and advanced trainings aligned to the kindergarten through grade 12 academic standards or, as necessary, other standards approved by the Department of Education, specified for each of the grade bands kindergarten through grade 2, grades 3 to 5, grades 6 to 8, and grades 9 to 12;

 

(2) professional learning opportunities for educators of students in grades 9 to 12 that may include trainings for advanced placement, international baccalaureate, and concurrent enrollment credit computer science courses;

 

(3) travel expenses for kindergarten through grade 12 computer science teachers:

 

(i) for attending training opportunities under clauses (1) and (2); and

 

(ii) deemed appropriate and approved by the commissioner of education, or the commissioner of education's designee;

 

(4) any future credentialing for kindergarten through grade 12 computer science teachers, including Career and Technical Education and academic endorsements;


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(5) supports for kindergarten through grade 12 computer science professional learning, including mentoring and coaching;

 

(6) creation and deployment of resources to promote training opportunities and recruitment of kindergarten through grade 12 computer science teachers;

 

(7) creation or purchase of resources to support implementation approved by the commissioner of education, or the commissioner of education's designee;

 

(8) creation and deployment of resources to promote learning opportunities or recruit students to engage in the learning opportunities;

 

(9) development of teacher credentialing programs;

 

(10) planning for districts to implement or expand computer science education opportunities; and

 

(11) employment, or grant for employment, of personnel or contractors to oversee the statewide initiative, develop programs and trainings, and deliver training opportunities under clause (1).

 

(d) As a condition of receiving any funding through grants or subcontracts, eligible entities must submit an application to the Department of Education.  The application must, at a minimum, address how the entity will:

 

(1) reach new and existing teachers with little to no computer science background;

 

(2) attract and support educators from schools that currently do not have established computer science education programs or schools that do not have sufficient computer science teacher capacity;

 

(3) use research- or evidence-based practices for high-quality professional development;

 

(4) focus the professional learning on the conceptual foundations of computer science;

 

(5) reach and support subgroups underrepresented in computer science;

 

(6) provide teachers with concrete experience through hands-on, inquiry-based practices;

 

(7) accommodate the particular teacher and student needs in each district and school; and

 

(8) ensure that participating districts begin offering courses or content within the same or subsequent school year after the teacher receives the professional learning.

 

(e) The Department of Education shall prioritize the following applications:

 

(1) consortiums of local educational agencies that are working in partnership with providers of high-quality professional learning for kindergarten through grade 12 computer science;

 

(2) proposals that describe strategies to increase enrollment overall, including but not limited to enrollment among subgroups of students that are traditionally underrepresented in computer science; and

 

(3) proposals from entities serving rural or urban areas with a low penetration of little to no kindergarten through grade 12 computer science offerings, including local education consortiums within these areas.

 

(f) The award recipient shall report, for all funding received under this section annually, at a minimum:

 

(1) the number of teachers:

 

(i) trained within each elementary, middle, and high school; and


Journal of the House - 85th Day - Monday, February 26, 2024 - Top of Page 11444

(ii) trained within trainings offered as outlined in paragraph (c), clause (1), item (iv);

 

(2) the number of trainings offered in advanced placement, international baccalaureate, and concurrent enrollment credit computer science courses; and

 

(3) the number of teachers, and percentage of teachers trained, that started implementing computer science courses limited to in middle and or high school implementation schools by the subsequent school year.

 

(g) The Department of Education shall make these reports public.  The publicly released data shall not include student-level personally identifiable information.

 

Sec. 3.  Minnesota Statutes 2023 Supplement, section 120B.241, is amended by adding a subdivision to read:

 

Subd. 8.  State report.  The Department of Education must submit an annual report to the legislative committees with jurisdiction over kindergarten through grade 12 education describing progress on the adopted state strategic plan developed under subdivision 3.  The plan must be submitted by February 1 of each year.

 

Sec. 4.  [120B.2412] GRANTS TO EXPAND EXISTING COMPUTER SCIENCE EDUCATION PROGRAMS.

 

Subdivision 1.  Computer science education program expansion.  A grant program is established to expand existing high-quality computer science education programs.  For purposes of this section, an "existing high-quality computer science education program" means either of the following:

 

(1) a school-adjacent program currently serving students in kindergarten through grade 12 that provides hands‑on, inquiry-based learning or activities that cover foundational concepts of computer science and are offered by a nonprofit organization, higher education institution, state-funded entity, or private entity working in partnership with a school district or charter school, that has successfully designed, implemented, and scaled such a program; or

 

(2) current in-school offerings that align with computer science standards or school-based extracurricular programs currently serving students in kindergarten through grade 12 that provide hands-on, inquiry-based learning or activities that cover foundational concepts of computer science.

 

Subd. 2.  Eligible recipients.  The following entities are eligible for a grant under this section:

 

(1) a school district, charter school, intermediate school district, or cooperative under section 123A.24, subdivision 2;

 

(2) a partnership of one or more entities listed in clause (1); and

 

(3) an institution of higher education in Minnesota, nonprofit organization, other state-funded entity, or private entity working in partnership with an entity listed in clause (1).

 

Subd. 3.  Eligible uses.  (a) A grant recipient may use grant funds for the following uses:

 

(1) program design of computer science courses with the intention to increase enrollment of subgroups underrepresented in computer science;

 

(2) recruiting and hiring instructional and support personnel as needed, including curriculum specialists;

 

(3) program administration for grantees, including transportation for program participants; and

 

(4) program promotion to subgroups underrepresented in computer science.

 

(b) A grant recipient may use no more than 20 percent of the total grant award on program administration, and no more than 15 percent of the total grant award on program promotion under paragraph (a), clause (4).


Journal of the House - 85th Day - Monday, February 26, 2024 - Top of Page 11445

Subd. 4.  Department of Education.  (a) The Department of Education must administer the grant program.  An applicant must submit an application in the form and manner determined by the commissioner.  An entity receiving funds through a subcontract with a grant recipient must be approved by the department.

 

(b) An application for a grant under this section must, at minimum, state how the applicant plans to:

 

(1) reach new and existing students with little to no computer science background;

 

(2) use research-based or evidence-based practices for programming;

 

(3) focus curricula on the conceptual foundations of computer science;

 

(4) reach and support subgroups underrepresented in computer science; and

 

(5) provide students with concrete experience through hands-on, inquiry-based practices.

 

(c) The department must prioritize the following applications:

 

(1) proposals that describe strategies to increase enrollment overall, including but not limited to subgroups of students who are traditionally underrepresented in computer science; and

 

(2) proposals from entities serving rural or urban schools with little to no kindergarten through grade 12 computer science offerings.

 

Subd. 5.  Reporting.  (a) A grant recipient must report, for all funding received under this section, at a minimum:

 

(1) the number of students served and their grade level;

 

(2) the number of students served who later enrolled, or were concurrently enrolled in, computer science courses through advanced placement, international baccalaureate, or concurrent enrollment programs;

 

(3) the number of schools and school districts served by grants; and

 

(4) the number and percentage of students reached disaggregated by gender, race, ethnicity, eligibility for free and reduced-price meals, Individuals with Disabilities Education Act status, 504 status, and English language learner status.

 

(b) The department must make grant recipient reports publicly available.  The publicly available reports must not include student-level publicly identifiable information.

 

Sec. 5.  APPROPRIATIONS; DEPARTMENT OF EDUCATION.

 

Subdivision 1.  Department of Education.  The sums indicated in this section are appropriated from the general fund to the Department of Education in the fiscal years designated.

 

Subd. 2.  Computer science education teacher training and recruitment.  (a) For grants to train and recruit computer science education teachers in accordance with Minnesota Statutes, section 120B.241:

 

 

 

$4,000,000

. . . . .

2025

 

(b) The base for fiscal year 2026 and later is $4,000,000.


Journal of the House - 85th Day - Monday, February 26, 2024 - Top of Page 11446

Subd. 3.  Computer science program expansion.  (a) For grants to expand computer science education programs in accordance with Minnesota Statutes, section 120B.2412:

 

 

 

$4,000,000

. . . . .

2025

 

(b) The base for fiscal year 2026 and later is $4,000,000.

 

Sec. 6.  APPROPRIATION; PROFESSIONAL EDUCATOR LICENSING AND STANDARDS BOARD.

 

Subdivision 1.  Professional Educator Licensing and Standards Board.  The sum indicated in this section is appropriated from the general fund to the Professional Educator Licensing and Standards Board in the fiscal year designated.

 

Subd. 2.  Computer science field license.  To establish a field license in computer science:

 

 

 

$50,000

. . . . .

2025

 

(b) This is a one time appropriation."

 

Delete the title and insert:

 

"A bill for an act relating to education; modifying the computer science education advancement program; establishing grants to expand computer science education programs; requiring reports; appropriating money; amending Minnesota Statutes 2023 Supplement, section 120B.241, subdivisions 1, 4, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 120B."

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 3509, A bill for an act relating to witnesses; prohibiting domestic abuse advocates from disclosing certain information; amending Minnesota Statutes 2022, section 595.02, subdivision 1.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 3550, A bill for an act relating to natural resources; modifying provisions for watersheds, soil and water conservation districts, and wetland management; modifying wetland banking program and conservation easement programs; clarifying jurisdiction for riparian protection and water quality; eliminating grants to control beaver damage; modifying authority and duties of Board of Water and Soil Resources; requiring rulemaking; appropriating money; amending Minnesota Statutes 2022, sections 103B.101, subdivision 13; 103C.005; 103C.221; 103C.331, subdivisions 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, by adding subdivisions; 103D.011, subdivision 10;


Journal of the House - 85th Day - Monday, February 26, 2024 - Top of Page 11447

103D.201, subdivision 2; 103D.205, subdivision 4; 103D.251, subdivisions 5, 6; 103D.255; 103D.261, subdivisions 1, 2; 103D.271, subdivision 7; 103D.301, subdivisions 1, 3; 103D.305, subdivisions 2, 5; 103D.311, subdivision 4; 103D.315, subdivisions 9, 10; 103D.321, subdivision 1; 103D.331, subdivision 2; 103D.335, subdivision 11; 103D.341, subdivision 1; 103D.345, subdivision 4; 103D.355, subdivision 1; 103D.401; 103D.405, subdivision 1; 103D.535, subdivision 3; 103D.701; 103D.705, subdivision 1, by adding a subdivision; 103D.711; 103D.715, subdivision 1; 103D.729, subdivisions 1, 2; 103D.731; 103D.745, subdivision 3; 103D.805; 103D.811, subdivision 3; 103D.901, subdivision 2; 103F.48, subdivision 1; 103F.511, by adding subdivisions; 103F.515; 103F.535, subdivision 5; 103G.005, subdivisions 14d, 17b; 103G.222, subdivision 1; 103G.2241, subdivisions 1, 2, 6, 9; 103G.2242, subdivisions 2, 2a, 3; Minnesota Statutes 2023 Supplement, sections 103B.101, subdivision 9; 103G.005, subdivision 19; proposing coding for new law in Minnesota Statutes, chapters 103D; 103F; repealing Minnesota Statutes 2022, sections 103A.206; 103D.315, subdivision 4; 103D.405, subdivisions 2, 3, 4, 5, 6; 103D.411; 103D.601; 103D.605, subdivisions 1, 2, 3, 4; 103D.611; 103F.511, subdivision 8b; 103F.950; Minnesota Statutes 2023 Supplement, section 103D.605, subdivision 5; Minnesota Rules, parts 8400.3000; 8400.3030; 8400.3110; 8400.3210; 8400.3260; 8400.3300; 8400.3400; 8400.3460; 8400.3600; 8400.3610; 8400.3630; 8400.3700; 8400.3730; 8400.3800; 8400.3830; 8400.3930.

 

Reported the same back with the following amendments:

 

Page 5, line 17, before the comma, insert "to achieve the purposes of this chapter and fulfill other statutory responsibilities"

 

Page 7, line 29, strike "state" and insert "public"

 

Page 8, line 10, strike "state" and insert "public"

 

Page 9, line 27, strike "to act as engineer"

 

Page 10, line 30, strike "commissioner" and reinstate the stricken "director"

 

Page 11, line 2, strike ", the" and delete "commissioner" and strike the second comma

 

Page 13, line 26, delete "withdrawal of territory" and insert "enlargement"

 

Page 14, line 2, delete "commissioner" and insert "director"

 

Page 15, line 16, delete "commissioner" and insert "director"

 

Page 16, line 21, delete the second "a" and insert "each"

 

Page 18, line 13, strike "the commissioner," and reinstate the stricken "the director,"

 

Page 19, line 23, delete everything after "(b)"

 

Page 19, line 24, delete everything before "The"

 

Page 24, delete section 50 and insert:

 

"Sec. 50.  Minnesota Statutes 2022, section 103D.711, subdivision 3, is amended to read:

 

Subd. 3.  State and federal projects.  The engineer may adopt, approve, and include as a part of the engineer's report a project of the state or federal government that is pertinent to the project and may accept data, plats, plans, details, or information pertaining to the state or federal project given to the engineer watershed district by the state or federal agency.  The engineer shall may omit the items required in subdivision 2 from the engineer's report if the data given by the state or federal government is sufficient to meet the requirements of subdivision 2.


Journal of the House - 85th Day - Monday, February 26, 2024 - Top of Page 11448

Sec. 51.  Minnesota Statutes 2022, section 103D.711, subdivision 4, is amended to read:

 

Subd. 4.  Hearing after unfavorable engineer's report.  (a) If the project has been initiated by petition and the engineer's report is unfavorable, the managers shall, by order, within 35 days set a time and place within the watershed district for a hearing for the petitioners to demonstrate why the managers should not refer the petition back to the petitioners for further proceedings or dismiss the petition.

 

(b) The hearing notice must state:

 

(1) that the engineer's report is unfavorable;

 

(2) that the engineer's report is on file with the managers and may be reviewed; and

 

(3) the time and place for the hearing.

 

(c) The managers shall mail a copy of the notice to each of the petitioners at least 14 days before the hearing.

 

Sec. 52.  Minnesota Statutes 2022, section 103D.711, subdivision 6, is amended to read:

 

Subd. 6.  Notice for final hearing; timing.  A notice may not be issued for the final hearing until the board's advisory report and the director's advisory report are filed or the time for filing the reports with the managers has expired.  For projects initiated by the managers according to section 103D.707, the managers may decide at any time not to proceed to final hearing."

 

Page 26, line 18, reinstate the stricken "engineer's" and delete "technical"

 

Page 26, line 29, before "103B.231" insert "103D.401, or" and delete the second "or"

 

Page 26, line 30, delete "103D.401"

 

Page 28, line 15, strike "with ample security" and insert "as required by section 574.26"

 

Page 29, after line 4, insert:

 

"Sec. 59.  Minnesota Statutes 2022, section 103E.729, subdivision 9, is amended to read:

 

Subd. 9.  Sunset.  This section expires on July 31, 2024 2029."

 

Page 37, line 1, before "DISTRICT" insert "SOIL AND WATER CONSERVATION"

 

Page 37, lines 3, 11, 13, and 14, delete "board"

 

Page 40, delete lines 1 to 3 and insert:

 

"(c) Notwithstanding paragraph (a), wetlands includes deepwater aquatic habitats that are not public waters or public waters wetlands.  For purposes of this paragraph, "deepwater aquatic habitats" has the meaning given in Corps of Engineers Wetlands Delineation Manual, United States Army Corps of Engineers (January 1987)."

 

Page 41, line 15, reinstate the stricken language

 

Page 41, line 16, before "the" insert "subdivision 1, clause (1),"

 

Page 43, line 16, after "responsible" insert "for the wetland replacement"


Journal of the House - 85th Day - Monday, February 26, 2024 - Top of Page 11449

Page 44, delete lines 20 to 28 and insert:

 

"(1) impacts to wetlands on agricultural land labeled prior-converted cropland and impacts to wetlands resulting from drainage maintenance activities authorized by the United States Department of Agriculture, Natural Resources Conservation Service, on areas labeled farmed wetland, farmed-wetland pasture, and wetland.  The prior-converted cropland, farmed wetland, farmed-wetland pasture, or wetland must be labeled on a valid final certified wetland determination issued by the Natural Resources Conservation Service in accordance with Code of Federal Regulations, title 7, part 12, as amended.  It is the responsibility of the owner or operator of the land to provide a copy of the final certified wetland determination to, and allow the Natural Resources Conservation Service to share related information with, the local government unit and the board for purposes of verification;"

 

Page 46, line 13, delete "and" and insert ", including"

 

Page 47, line 5, delete "that is" and insert "when wetland impacts are"

 

Page 48, line 9, delete "400" and insert "100"

 

Page 49, after line 20, insert:

 

"Sec. 82.  Minnesota Statutes 2023 Supplement, section 103G.2242, subdivision 1, is amended to read:

 

Subdivision 1.  Rules.  (a) The board, in consultation with the commissioner, shall adopt rules governing the approval of wetland value replacement plans under this section and public-waters-work permits affecting public waters wetlands under section 103G.245.  These rules must address the criteria, procedure, timing, and location of acceptable replacement of wetland values and may address the state establishment and administration of a wetland banking program for public and private projects, including provisions for an in-lieu fee program; mitigating and banking other water and water-related resources; the administrative, monitoring, and enforcement procedures to be used; provisions that protect or mitigate impacts to the public values of watercourses that are not public waters; and a procedure for the review and appeal of decisions under this section.  In the case of peatlands, the replacement plan rules must consider the impact on carbon.  Any in-lieu fee program established by the board must conform with Code of Federal Regulations, title 33, section 332.8, as amended.

 

(b) After the adoption of the rules, a replacement plan must be approved by a resolution of the governing body of the local government unit, consistent with the provisions of the rules or a comprehensive wetland protection and management plan approved under section 103G.2243.

 

(c) If the local government unit fails to apply the rules or fails to implement a local comprehensive wetland protection and management plan established under section 103G.2243, the government unit is subject to penalty as determined by the board.

 

(d) When making a determination under rules adopted pursuant to this subdivision on whether a rare natural community will be permanently adversely affected, consideration of measures to mitigate any adverse effect on the community must be considered."

 

Page 49, line 30, after "(b)" insert "For wetland boundary determinations,"

 

Page 49, line 32, after the period, insert "For wetland type determinations,"

 

Page 50, line 2, after the semicolon, insert "Classification of Wetlands and Deepwater Habitats of the United States, United States Fish and Wildlife Service (August 2013 edition); or"

 

Page 50, line 3, delete "; or" and strike "Classification"

 

Page 50, line 4, strike the old language and delete the new language


Journal of the House - 85th Day - Monday, February 26, 2024 - Top of Page 11450

Page 50, line 5, delete the new language and strike everything before the period and insert "and including updates, supplementary guidance, and replacements, if any, for any of these publications"

 

Page 52, delete section 84

 

Page 52, delete lines 14 and 15

 

Page 52, line 19, after the first semicolon, insert "103D.711, subdivision 1;"

 

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 5, after the first semicolon insert "extending provisions to apportion drainage repair costs;"

 

Page 1, line 7, delete "appropriating money;"

 

Correct the title numbers accordingly

 

 

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

 

      The report was adopted.

 

 

Freiberg from the Committee on Elections Finance and Policy to which was referred:

 

H. F. No. 3625, A bill for an act relating to public safety; modifying the deep fake election crime; disqualifying a convicted person from holding elected office; amending Minnesota Statutes 2022, sections 211B.17, subdivision 1; 211B.18; Minnesota Statutes 2023 Supplement, section 609.771, subdivisions 1, 2, 3, 4, by adding a subdivision.

 

Reported the same back with the following amendments:

 

Page 3, line 5, delete "(a)"

 

Page 3, lines 10 to 11, delete the new language

 

Page 3, line 12, after "a" insert "political party nominating convention, presidential nomination primary, state primary, local primary, special primary, special election, or"

 

Page 3, delete lines 15 to 19

 

Page 4, lines 3 and 6, after "candidate" insert "for state or local office"

 

 

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.

 

 

Freiberg from the Committee on Elections Finance and Policy to which was referred:

 

H. F. No. 3632, A bill for an act relating to local government; authorizing the filling of a vacancy in the position of sheriff or county attorney by special election; amending Minnesota Statutes 2022, section 375.08; proposing coding for new law in Minnesota Statutes, chapter 375.


Journal of the House - 85th Day - Monday, February 26, 2024 - Top of Page 11451

Reported the same back with the following amendments:

 

Page 1, delete line 23 and insert "on one of the following dates:  the second Tuesday in February; the second Tuesday in April; the second Tuesday in May; the second Tuesday in August; or the first Tuesday after the first Monday in November.  The special election must be conducted and the returns canvassed in the manner provided for the county general election."

 

Page 2, delete lines 1 to 3

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 3810, A bill for an act relating to civil law; prohibiting a landlord from initiating an eviction action against a tenant who terminates a lease based on status as a crime victim; modifying expungements of eviction records; amending Minnesota Statutes 2022, section 504B.206, subdivisions 1, 2, 3, 6, by adding a subdivision; Minnesota Statutes 2023 Supplement, section 484.014, subdivision 3.

 

Reported the same back with the following amendments:

 

Page 1, line 10, strike "Except for clause (6),"

 

Page 1, line 11, before the comma, insert "except for clauses (6) and (7)"

 

 

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.

 

 

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

 

H. F. No. 3845, A bill for an act relating to civil law; clarifying landlord and tenant provisions; modifying service of summons and complaint; amending Minnesota Statutes 2022, section 504B.177; Minnesota Statutes 2023 Supplement, sections 504B.144; 504B.331; 504B.345, subdivision 1.

 

Reported the same back with the following amendments:

 

Page 2, delete section 3 and insert:

 

"Sec. 3.  Minnesota Statutes 2023 Supplement, section 504B.331, is amended to read:

 

504B.331 SUMMONS; HOW SERVED.

 

(a) The summons and complaint must be served at least seven days before the date of the court appearance specified in section 504B.321, in the manner provided for service of a summons in a civil action in district court.


Journal of the House - 85th Day - Monday, February 26, 2024 - Top of Page 11452

(b) If the defendant cannot be found in the county, the summons and complaint may be served at least seven days before the date of the court appearance by:

 

(1) leaving a copy at the defendant's last usual place of abode with a person of suitable age and discretion residing there; or

 

(2) if the defendant had no place of abode, by leaving a copy at the property described in the complaint with a person of suitable age and discretion occupying the premises.

 

(c) Failure of the sheriff to serve the defendant is prima facie proof that the defendant cannot be found in the county.

 

(d) Where the defendant cannot be found in the county, service of the summons and complaint may be made upon the defendant by posting the summons in a conspicuous place on the property for not less than one week if:

 

(1) the property described in the complaint is:

 

(i) nonresidential and no person actually occupies the property; or

 

(ii) residential and service has been attempted at least twice on different days, with at least one of the attempts having been made between the hours of 6:00 p.m. and 10:00 p.m.; and

 

(2) the plaintiff or the plaintiff's attorney has signed and filed with the court an affidavit stating that:

 

(i) the defendant cannot be found, or that the plaintiff or the plaintiff's attorney believes that the defendant is not in the state;

 

(ii) a copy of the summons has been mailed to the defendant at the defendant's last known address if any is known to the plaintiff; or and

 

(iii) the plaintiff or plaintiff's attorney has communicated to the defendant that an eviction hearing has been scheduled, including the date, time, and place of the hearing specified in the summons, by at least one form of written communication the plaintiff regularly uses to communicate with the defendant that have a date and time stamp.

 

(e) If the defendant or the defendant's attorney does not appear in court on the date of the appearance, the trial shall proceed."

 

 

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.

 

 

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

 

H. F. No. 3865, A bill for an act relating to human services; modifying provisions related to assertive community treatment; amending Minnesota Statutes 2022, section 256B.0622, subdivisions 2a, 3a, 7a, 7d; Minnesota Statutes 2023 Supplement, section 256B.0622, subdivision 7b.

 

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

 

      The report was adopted.


Journal of the House - 85th Day - Monday, February 26, 2024 - Top of Page 11453

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

 

H. F. No. 3868, A bill for an act relating to commerce; adopting amendments to the Uniform Commercial Code to accommodate emerging technologies; amending Minnesota Statutes 2022, sections 336.1-201; 336.1-204; 336.1‑301; 336.1-306; 336.2-102; 336.2-106; 336.2-201; 336.2-202; 336.2-203; 336.2-205; 336.2-209; 336.2A-102; 336.2A-103; 336.2A-107; 336.2A-201; 336.2A-202; 336.2A-203; 336.2A-205; 336.2A-208; 336.3-104; 336.3-105; 336.3-401; 336.3-604; 336.4A-103; 336.4A-201; 336.4A-202; 336.4A-203; 336.4A-207; 336.4A-208; 336.4A-210; 336.4A-211; 336.4A-305; 336.5-104; 336.5-116; 336.7-102; 336.7-106; 336.8-102; 336.8-103; 336.8-106; 336.8‑110; 336.8-303; 336.9-102; 336.9-104; 336.9-105; 336.9-203; 336.9-204; 336.9-207; 336.9-208; 336.9-209; 336.9-210; 336.9-301; 336.9-304; 336.9-305; 336.9-310; 336.9-312; 336.9-313; 336.9-314; 336.9-316; 336.9-317; 336.9-323; 336.9-324; 336.9-330; 336.9-331; 336.9-332; 336.9-334; 336.9-341; 336.9-404; 336.9-406; 336.9-408; 336.9-509; 336.9-513; 336.9-605; 336.9-608; 336.9-611; 336.9-613; 336.9-614; 336.9-615; 336.9-616; 336.9-619; 336.9-620; 336.9-621; 336.9-624; 336.9-628; Minnesota Statutes 2023 Supplement, section 336.9-601; proposing coding for new law in Minnesota Statutes, chapter 336.

 

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.

 

 

Nelson, M., from the Committee on Labor and Industry Finance and Policy to which was referred:

 

H. F. No. 3882, A bill for an act relating to employees; modifying earned sick and safe time; authorizing rulemaking; amending Minnesota Statutes 2023 Supplement, sections 177.27, subdivision 4; 177.50, by adding subdivisions; 181.032; 181.9445, subdivisions 4, 5; 181.9446; 181.9447, subdivisions 1, 3, 5, 10, 11; 181.9448, subdivisions 1, 2.

 

Reported the same back with the following amendments:

 

Page 5, line 15, strike the colon

 

Page 5, line 16, strike "(1)" and strike "; or" and insert a period

 

Page 5, strike lines 17 to 20

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 3917, A bill for an act relating to housing; clarifying tenant's rights to contact emergency services; amending Minnesota Statutes 2022, section 504B.205, subdivisions 2, 3, 6.

 

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

 

      The report was adopted.


Journal of the House - 85th Day - Monday, February 26, 2024 - Top of Page 11454

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

 

H. F. No. 3937, A bill for an act relating to corrections; modifying membership and meetings of state correctional facilities security audit group; amending Minnesota Statutes 2022, section 241.021, subdivision 1h.

 

Reported the same back with the following amendments:

 

Page 2, after line 31, insert:

 

"(f) The state correctional facilities security audit group is not subject to chapter 13D.

 

(g) Except as otherwise provided in this paragraph, the terms, compensation, and removal of members of the group are governed by section 15.059.  Members of the group serve without compensation but shall receive expense reimbursement.  Notwithstanding section 15.059, subdivision 6, the group does not expire."

 

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 3958, A bill for an act relating to public safety; clarifying process by which complaints received by Peace Officer Standards and Training Board are investigated; amending Minnesota Statutes 2023 Supplement, section 214.10, subdivision 10.

 

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

 

      The report was adopted.

 

 

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

 

H. F. No. 3987, A bill for an act relating to human services; implementing transfer of duties from the Department of Human Services to the Department of Direct Care and Treatment; establishing general executive board duties, powers, rulemaking authority, and contracting for administrative services; making conforming changes; amending Minnesota Statutes 2022, sections 13.46, subdivisions 1, 10; 43A.241; 243.166, subdivision 7; 245.073; 245.462, subdivisions 22, 24; 245.464, subdivision 3; 245.466, subdivision 1; 245.474, subdivisions 1, 3; 245.4862, subdivision 7; 245.4871, subdivision 33; 245.696, subdivision 1; 245.697, subdivisions 1, 2a; 245.91, subdivision 2; 245.94, subdivision 1; 245D.10, subdivision 3a; 246.0141; 246.018, subdivisions 1, 2, 3, 4; 246.12; 246.129; 246.13, subdivisions 1, 2, 3, 4; 246.14; 246.141; 246.15, subdivisions 1, 3; 246.151, subdivisions 1, 2; 246.16; 246.18, subdivisions 1, 4, 4a, 5, 6; 246.23; 246.234; 246.24; 246.27; 246.325; 246.33, subdivisions 1, 2, 3, 4, 5, 6; 246.34, subdivisions 1, 2, 3; 246.35; 246.36; 246.41, subdivisions 1, 2, 3; 246.50, subdivisions 1, 5, 6, 7, 8, 11; 246.51, subdivisions 1a, 1b, 2; 246.511; 246.52; 246.53, subdivisions 1, 2, 4; 246.531, subdivisions 1, 2; 246.54, subdivision 1; 246.55; 246.56, subdivisions 1, 2, 3; 246.57, subdivision 4; 246.64, subdivisions 1, 2, 3; 246.71, subdivision 2; 246.716, subdivision 2; 246.72; 246.721; 246B.01, subdivisions 2, 2b; 246B.03, subdivision 1; 246B.04, subdivision 1, by adding a subdivision; 246B.06, subdivisions 1, 2, 3, 4; 251.012, subdivision 3; 251.041; 251.042; 251.043; 251.17; 252.021; 252.50, subdivisions 4, 5, 10; 253.015, subdivision 1; 253.017, subdivision 2; 253.13; 253.20; 253.21; 253.22; 253.23; 253.24; 253.26; 253B.02, subdivisions 4b, 4c, by adding a subdivision; 253B.03, subdivisions 1, 6a; 253B.09, subdivision 3a; 253B.17, subdivision 1, by adding a subdivision; 253B.18, subdivisions 4a, 4b, 4c, 5, 5a, 13, 14; 253B.19, subdivision 1; 253B.20, subdivision 2; 253B.212, subdivision 2; 253B.22, subdivisions 1, 3, 4; 253D.02, subdivisions 2, 3, 4, 16, by adding subdivisions; 253D.10, subdivision 2;


Journal of the House - 85th Day - Monday, February 26, 2024 - Top of Page 11455

253D.11, subdivision 2; 253D.27, subdivision 1; 253D.29, subdivisions 1, 2, 3; 253D.30, subdivision 5; 254B.01, by adding a subdivision; 254B.05, subdivision 4; 254B.151, subdivision 2; 256.01, subdivision 2; 256.045, subdivisions 1, 5, 6, 7, by adding subdivisions; 256B.693, subdivision 1; 256B.77, subdivision 22; 256G.01, subdivisions 1, 3; 256G.02, by adding a subdivision; 256G.03, subdivision 2; 256G.04, subdivision 2; 256G.09, subdivisions 2, 3; 256G.10; 256G.11; 256G.12; 299C.093; 352.91, subdivisions 2a, 3c, 3d, 3e, 4a; 524.3-801; Minnesota Statutes 2023 Supplement, sections 245.4661, subdivisions 2, 6; 246.0135; 246C.02; 246C.03, subdivision 2; 246C.04; 246C.05; 252.50, subdivision 2; 253B.10, subdivision 1; 253D.02, subdivision 8; 256.045, subdivision 3; 352.91, subdivision 3f; proposing coding for new law in Minnesota Statutes, chapters 198; 245; 245A; 246; 246C; 253; repealing Minnesota Statutes 2022, sections 246.01; 246.013; 246.014; 246.15, subdivision 2; 246.23, subdivision 1; 246.60; 251.013; 252.50, subdivisions 1, 9, 11; 252.51; 256B.693, subdivision 2.

 

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

 

      The report was adopted.

 

 

SECOND READING OF HOUSE BILLS

 

 

      H. F. Nos. 3309, 3509, 3632, 3882, 3937 and 3958 were read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

      Hussein introduced:

 

H. F. No. 4221, A bill for an act relating to capital investment; appropriating money to renovate the Jackson Street Roundhouse in St. Paul.

 

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

 

 

Novotny introduced:

 

H. F. No. 4222, A bill for an act relating to public safety; authorizing the expanded use of tracking devices for fleeing motor vehicles; amending Minnesota Statutes 2022, section 626A.35, by adding a subdivision.

 

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

 

 

Igo introduced:

 

H. F. No. 4223, A bill for an act relating to capital investment; amending a prior appropriation for water and sewer infrastructure in the city of Floodwood; amending Laws 2023, chapter 72, article 2, section 10, subdivision 6.

 

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


Journal of the House - 85th Day - Monday, February 26, 2024 - Top of Page 11456

Igo introduced:

 

H. F. No. 4224, A bill for an act relating to capital investment; appropriating money for demolition of the Tamarack school building; authorizing the sale and issuance of state bonds.

 

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

 

 

Igo introduced:

 

H. F. No. 4225, A bill for an act relating to state lands; authorizing private sale of certain tax-forfeited land in Aitkin County.

 

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

 

 

Igo introduced:

 

H. F. No. 4226, A bill for an act relating to capital investment; appropriating money for resurfacing local roads in the city of Tamarack; authorizing the sale and issuance of state bonds.

 

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

 

 

Igo introduced:

 

H. F. No. 4227, A bill for an act relating to capital investment; appropriating money for capital improvements to the Health and Human Services building in Aitkin 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.

 

 

Igo introduced:

 

H. F. No. 4228, A bill for an act relating to capital investment; appropriating money for clean infrastructure in Hill City; authorizing the sale and issuance of state bonds.

 

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

 

 

Igo, Heintzeman, Knudsen, Skraba, Davis, Schultz and Dotseth introduced:

 

H. F. No. 4229, A bill for an act relating to capital investment; appropriating money for forests and forestry capital projects; authorizing the sale and issuance of state bonds.

 

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

 

 

Zeleznikar and Skraba introduced:

 

H. F. No. 4230, A bill for an act relating to capital investment; appropriating money for the city of Proctor to provide utility extensions and upgrades for marked Interstate Highway 35 commercial development; 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 - 85th Day - Monday, February 26, 2024 - Top of Page 11457

Sencer-Mura; Gomez; Jordan; Lee, F., and Noor introduced:

 

H. F. No. 4231, A bill for an act relating to local government; authorizing amortization of certain property uses; amending Minnesota Statutes 2022, section 462.357, subdivision 1c.

 

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

 

 

Sencer-Mura and Feist introduced:

 

H. F. No. 4232, A bill for an act relating to education finance; clarifying the distribution of compensatory revenue; amending Minnesota Statutes 2023 Supplement, section 126C.10, subdivision 3.

 

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

 

 

Coulter and Freiberg introduced:

 

H. F. No. 4233, A bill for an act relating to local government; authorizing a public finance program for local candidates; proposing coding for new law in Minnesota Statutes, chapter 471.

 

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

 

 

Newton and Stephenson introduced:

 

H. F. No. 4234, A bill for an act relating to state lands; authorizing the conveyance of certain surplus state land in Mille Lacs County.

 

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

 

 

Newton and Koegel introduced:

 

H. F. No. 4235, A bill for an act relating to economic development; appropriating money for costs related to the Taste of Minnesota event.

 

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

 

 

Myers introduced:

 

H. F. No. 4236, A bill for an act relating to capital investment; appropriating money for municipal infrastructure improvements in the city of Spring Park; authorizing the sale and issuance of state bonds.

 

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

 

 

Lislegard, Igo, Hortman, Skraba and Davis introduced:

 

H. F. No. 4237, A bill for an act relating to transportation; designating a portion of marked U.S. Highway 169 between Taconite and Virginia as "Senator David J. Tomassoni Memorial Cross Range Expressway"; amending Minnesota Statutes 2022, section 161.14, by adding a subdivision.

 

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


Journal of the House - 85th Day - Monday, February 26, 2024 - Top of Page 11458

Bakeberg, Bennett, Knudsen, Myers, Witte, Engen, Hudson, Schultz and Anderson, P. E., introduced:

 

H. F. No. 4238, A bill for an act relating to education; modifying student discipline provisions; amending Minnesota Statutes 2023 Supplement, sections 121A.425, subdivision 1; 121A.45, subdivision 1; 121A.55; repealing Minnesota Statutes 2023 Supplement, sections 121A.425, subdivision 2; 121A.611.

 

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

 

 

Myers introduced:

 

H. F. No. 4239, A bill for an act relating to state government; designating the state fossil; proposing coding for new law in Minnesota Statutes, chapter 1.

 

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

 

 

Kraft introduced:

 

H. F. No. 4240, A bill for an act relating to climate change; establishing a local climate planning and action hub in the Pollution Control Agency; establishing an account; requiring a report; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 216C.

 

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

 

 

Kraft, Acomb, Tabke, Elkins, Bierman, Pursell and Pérez-Vega introduced:

 

H. F. No. 4241, A bill for an act relating to building codes; removing certain exceptions for municipalities from the State Building Code; amending Minnesota Statutes 2022, section 326B.121, subdivision 2.

 

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

 

 

Kraft, Long, Pursell, Hornstein, Elkins, Carroll, Bierman, Pérez-Vega and Sencer-Mura introduced:

 

H. F. No. 4242, A bill for an act relating to the State Building Code; modifying residential energy code adoption standards and timelines; creating the residential energy rating rebate program; requiring reports; appropriating money; amending Minnesota Statutes 2023 Supplement, section 326B.106, subdivision 1.

 

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

 

 

Freiberg introduced:

 

H. F. No. 4243, A bill for an act relating to elections; modifying certain local elections provisions; modifying certain absentee voting provisions; amending Minnesota Statutes 2022, section 204C.19, subdivision 3; Minnesota Statutes 2023 Supplement, sections 203B.04, subdivision 1; 203B.07, subdivision 3; 203B.081, subdivision 7; 204C.28, subdivision 1; repealing Minnesota Statutes 2022, section 383B.031.

 

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


Journal of the House - 85th Day - Monday, February 26, 2024 - Top of Page 11459

Becker-Finn and Moller introduced:

 

H. F. No. 4244, A bill for an act relating to corrections; redistributing reallocation of earned incentive release savings funds; amending Minnesota Statutes 2023 Supplement, section 244.50, subdivision 4.

 

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

 

 

Agbaje introduced:

 

H. F. No. 4245, A bill for an act relating to capital investment; appropriating money for development of housing in the city of Minneapolis; authorizing the sale and issuance of state bonds.

 

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

 

 

Bierman introduced:

 

H. F. No. 4246, A bill for an act relating to funerals; excluding travel protection agreements to certain provisions; amending Minnesota Statutes 2022, sections 149A.02, subdivisions 3b, 23, by adding a subdivision; 149A.97, subdivision 2.

 

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

 

 

Bierman introduced:

 

H. F. No. 4247, A bill for an act relating to health occupations; establishing guest licensure for marriage and family therapy; establishing fees; amending Minnesota Statutes 2023 Supplement, section 148B.392, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 148B.

 

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

 

 

Moller, Reyer, Virnig and Becker-Finn introduced:

 

H. F. No. 4248, A bill for an act relating to retirement; Minnesota Secure Choice retirement program; permitting home and community-based services employees to participate in the program; amending Minnesota Statutes 2023 Supplement, sections 187.03, by adding a subdivision; 187.05, subdivision 7.

 

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

 

 

Lee, K., and Lislegard introduced:

 

H. F. No. 4249, A bill for an act relating to tourism; establishing Explore Minnesota Film; amending Minnesota Statutes 2022, sections 116U.26; 116U.27, subdivisions 5, 6; Minnesota Statutes 2023 Supplement, section 116U.27, subdivisions 1, 4; proposing coding for new law in Minnesota Statutes, chapter 116U.

 

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


Journal of the House - 85th Day - Monday, February 26, 2024 - Top of Page 11460

Lee, K., and Lee, F., introduced:

 

H. F. No. 4250, A bill for an act relating to veterans; expanding the definition of veteran to include Special Guerrilla Unit forces; amending Minnesota Statutes 2022, section 197.447.

 

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

 

 

Her, Cha, Pinto, Rehm and Sencer-Mura introduced:

 

H. F. No. 4251, A bill for an act relating to cannabis; prohibiting the Office of Cannabis Management from approving certain cannabis flower, cannabis products, and hemp-derived consumer products; amending Minnesota Statutes 2023 Supplement, section 342.06.

 

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

 

 

Hornstein, Noor, Greenman, Hassan, Sencer-Mura, Edelson, Xiong, Kozlowski, Vang, Finke and Hussein introduced:

 

H. F. No. 4252, A bill for an act relating to public safety; appropriating money for grants to community-based organizations to diminish hate crimes.

 

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

 

 

Myers, Witte, Engen, Bakeberg, Skraba and Nadeau introduced:

 

H. F. No. 4253, A bill for an act relating to housing; establishing a first-time homebuyer down payment assistance program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 462A.

 

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

 

 

Myers introduced:

 

H. F. No. 4254, A bill for an act relating to public safety; requiring loaded firearms be stored in locations where persons prohibited from possessing firearms cannot access the firearms; amending Minnesota Statutes 2022, section 609.666, subdivisions 1, 2.

 

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

 

 

Myers, Witte, Engen, Bakeberg and Skraba introduced:

 

H. F. No. 4255, A bill for an act relating to taxation; providing a payment to owners of homesteads based on the November forecast; amending Minnesota Statutes 2023 Supplement, section 16A.152, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 290A.

 

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


Journal of the House - 85th Day - Monday, February 26, 2024 - Top of Page 11461

Finke; Lee, K.; Her and Pérez-Vega introduced:

 

H. F. No. 4256, A bill for an act relating to capital investment; appropriating money for habitats for cats and wolves at the Como Zoo in the city of St. Paul; authorizing the sale and issuance of state bonds.

 

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

 

 

Hudson, Altendorf, Wiener, Davis, Bliss, Dotseth, Novotny, Baker, Burkel, Urdahl, Knudsen, Murphy, Joy, Harder, Pfarr, Bakeberg, Engen, Mekeland, Niska, Koznick, Schultz and Nadeau introduced:

 

H. F. No. 4257, A bill for an act relating to emergency management; repealing governor's power to declare emergency; establishing a legislative emergency declaration and extension process; repealing governor's authority to adopt orders and expedited rules that have the effect of law during an emergency; protecting citizen rights; making technical corrections; amending Minnesota Statutes 2022, sections 12.03, subdivision 1e; 12.21, subdivisions 1, 3; 12.25, subdivision 3; 12.45; 12.61, subdivision 2; 14.03, subdivision 1; 34A.11, subdivision 6; 35.0661, subdivision 1; 41B.047, subdivision 1; 144.4197; 144E.266; 151.441, subdivisions 12, 13; 270C.34, subdivision 1; 295.50, subdivision 2b; Minnesota Statutes 2023 Supplement, section 12.36; proposing coding for new law in Minnesota Statutes, chapter 12; repealing Minnesota Statutes 2022, sections 4.035, subdivision 2; 12.31, subdivisions 1, 3; 12.32; Minnesota Statutes 2023 Supplement, section 12.31, subdivision 2.

 

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

 

 

Lee, K., introduced:

 

H. F. No. 4258, A bill for an act relating to capital investment; appropriating money for an East 7th Street park development in the city of St. Paul; authorizing the sale and issuance of state bonds.

 

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

 

 

Norris and Newton introduced:

 

H. F. No. 4259, A bill for an act relating to taxation; property; modifying the market value exclusion for veterans with a disability; amending Minnesota Statutes 2023 Supplement, section 273.13, subdivision 34.

 

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

 

 

Pérez-Vega and Hussein introduced:

 

H. F. No. 4260, A bill for an act relating to capital investment; appropriating money for a river balcony in the city of St. Paul; authorizing the sale and issuance of state bonds.

 

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

 

 

Pinto, Pérez-Vega and Hussein introduced:

 

H. F. No. 4261, A bill for an act relating to capital investment; appropriating money for the Mississippi River Learning Center in St. Paul; authorizing the sale and issuance of state bonds.

 

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


Journal of the House - 85th Day - Monday, February 26, 2024 - Top of Page 11462

Pérez-Vega and Hussein introduced:

 

H. F. No. 4262, A bill for an act relating to capital investment; appropriating money for renovation of the Riverview Library in the city of St. Paul; authorizing the sale and issuance of state bonds.

 

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

 

 

Carroll; Klevorn; Hansen, R.; Acomb; Lee, F.; Edelson; Nelson, M.; Freiberg; Pursell; Bahner; Howard; Tabke; Myers; Rehm; Kraft; Nadeau; Kotyza-Witthuhn; Pryor; Coulter and Robbins introduced:

 

H. F. No. 4263, A bill for an act relating to capital investment; appropriating money for improvements to the regional trail system in Hennepin 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.

 

 

Norris, Pryor, Myers, Schomacker, Dotseth, Elkins, Virnig, Clardy, Hill, Nadeau, Tabke, Moller, Kozlowski, Howard, Gomez and Sencer-Mura introduced:

 

H. F. No. 4264, A bill for an act relating to health; requiring the commissioner of health to establish a telehealth pilot project for school districts; requiring a report; appropriating money.

 

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

 

 

Norris, Davids, Gomez, Lislegard and Howard introduced:

 

H. F. No. 4265, A bill for an act relating to taxation; property; allowing property tax abatement for land bank property; amending Minnesota Statutes 2022, sections 469.1812, by adding a subdivision; 469.1813, subdivisions 1, 6.

 

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

 

 

Lillie and Fischer introduced:

 

H. F. No. 4266, A bill for an act relating to capital investment; appropriating money for a renovation of the Harriet Tubman Center East building in the city of Maplewood; authorizing the sale and issuance of state bonds.

 

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

 

 

Lislegard introduced:

 

H. F. No. 4267, A bill for an act relating to state lands; authorizing private sale of certain tax-forfeited land in St. Louis County.

 

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 - 85th Day - Monday, February 26, 2024 - Top of Page 11463

Sencer-Mura; Jordan; Pérez-Vega; Koegel; Fischer; Nelson, M., and Hornstein introduced:

 

H. F. No. 4268, A bill for an act relating to mass transit; requiring Metropolitan Council to design, construct, and fund certain aspects of bus rapid transit projects; amending Minnesota Statutes 2022, section 473.4485, by adding a subdivision.

 

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

 

 

Feist; Smith; Greenman; Her; Kraft; Lee, K.; Cha; Vang and Hanson, J., introduced:

 

H. F. No. 4269, A bill for an act relating to water; appropriating money for a 50-year clean water plan.

 

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

 

 

Becker-Finn introduced:

 

H. F. No. 4270, A bill for an act relating to retirement; Minnesota Secure Choice Retirement Program; modifying requirements applicable to the board of directors; authorizing the appointment of an interim executive director; making technical corrections; amending Minnesota Statutes 2023 Supplement, section 187.08, subdivisions 1, 7, 8; Laws 2023, chapter 46, section 11.

 

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

 

 

Howard and Lee, F., introduced:

 

H. F. No. 4271, A bill for an act relating to housing; authorizing housing and redevelopment authorities to create public corporations for the purpose of purchasing, owning, and operating properties converted under the federal Rental Assistance Demonstration program; amending Minnesota Statutes 2022, sections 15.082; 469.012, subdivision 2j; proposing coding for new law in Minnesota Statutes, chapter 469.

 

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

 

 

Kresha introduced:

 

H. F. No. 4272, A bill for an act relating to capital investment; appropriating money for the Camp Ripley/Veterans State Trail.

 

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

 

 

Finke, Kozlowski and Curran introduced:

 

H. F. No. 4273, A bill for an act relating to public authority; prohibiting bans on rainbow flags; amending Minnesota Statutes 2022, section 16B.24, by adding a subdivision; Minnesota Statutes 2023 Supplement, section 124E.03, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 10; 135A; 471.

 

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


Journal of the House - 85th Day - Monday, February 26, 2024 - Top of Page 11464

Noor introduced:

 

H. F. No. 4274, A bill for an act relating to housing; providing tenants with remedies if a rental unit is not available for occupancy by the move-in date; authorizing a tenant to seek recovery of prorated rent amount owed and attorney fees; amending Minnesota Statutes 2022, sections 504B.111; 504B.116.

 

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

 

 

Bliss introduced:

 

H. F. No. 4275, A bill for an act relating to taxation; modifying the election requirements for imposition of a local sales and use tax; amending Minnesota Statutes 2022, section 297A.99, subdivision 3.

 

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

 

 

Curran, Becker-Finn, Keeler, Kozlowski, Finke, Virnig, Jordan, Kraft, Smith, Pursell and Moller introduced:

 

H. F. No. 4276, A bill for an act relating to civil law; directing the revisor of statutes to update terms used in statute.

 

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

 

 

Frazier introduced:

 

H. F. No. 4277, A bill for an act relating to public safety; eliminating mandatory minimum sentences for offenses involving possession or use of firearm or other dangerous weapon; making conforming changes; establishing felony offense of firearm trafficking; eliminating requirements that certain victims report crime within 30 days and cooperate with law enforcement to receive reimbursement; creating Task Force on Mandatory Minimum Sentences; continuing funding for emergency needs of crime victims; establishing grants for emergency needs of victims of gun violence; authorizing grants to county attorneys to develop and implement focused deterrence models to reduce group-related homicide and gun violence and interrupt cycles of community violence; creating additional position with the Violent Crime Coordinating Council; requiring a report; appropriating money; amending Minnesota Statutes 2022, sections 244.10, subdivisions 5, 6, 7; 588.20, subdivision 1; 609.229, subdivision 1; 609.495, subdivision 3; 609.66, by adding a subdivision; 617.91, subdivision 4; Minnesota Statutes 2023 Supplement, sections 609.135, subdivision 1; 611A.53, subdivision 2; repealing Minnesota Statutes 2022, section 609.11, subdivisions 4, 5, 5a, 6, 7, 8; Minnesota Statutes 2023 Supplement, section 609.11, subdivision 9.

 

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

 

 

Lee, K., introduced:

 

H. F. No. 4278, A bill for an act relating to housing; providing funding for The Heights housing development in the city of St. Paul from the housing infrastructure program; requiring a report; proposing coding for new law in Minnesota Statutes, chapter 462A.

 

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


Journal of the House - 85th Day - Monday, February 26, 2024 - Top of Page 11465

Anderson, P. H., and Urdahl introduced:

 

H. F. No. 4279, A bill for an act relating to capital investment; appropriating money for the restoration of the Appleton Opera House in the city of Appleton.

 

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

 

 

Hemmingsen-Jaeger introduced:

 

H. F. No. 4280, A bill for an act relating to commerce; regulating disclosures and consumer protections related to virtual-currency kiosks; proposing coding for new law in Minnesota Statutes, chapter 53B.

 

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

 

 

Lislegard introduced:

 

H. F. No. 4281, A bill for an act relating to agriculture; establishing a youth in agriculture grant program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 17.

 

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

 

 

Dotseth, Skraba, Zeleznikar, Burkel, Kiel and Lislegard introduced:

 

H. F. No. 4282, A bill for an act relating to capital investment; appropriating money for education learning centers for two special education cooperatives in Minnesota; authorizing the sale and issuance of state bonds.

 

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

 

 

Schomacker introduced:

 

H. F. No. 4283, A bill for an act relating to capital investment; modifying an appropriation for the Red Rock Rural Water System; appropriating money for the Red Rock Rural Water System; authorizing the sale and issuance of state bonds; amending Laws 2023, chapter 72, article 2, section 10, subdivision 13.

 

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

 

 

Lee, K., and Her introduced:

 

H. F. No. 4284, A bill for an act relating to arts and cultural heritage; appropriating funding for the American Veterans Memorial Park in Cannon Falls.

 

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

 

 

Hollins introduced:

 

H. F. No. 4285, A bill for an act relating to capital investment; appropriating money for replacement of the Randolph Avenue bridge in the city of St. Paul; authorizing the sale and issuance of state bonds.

 

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


Journal of the House - 85th Day - Monday, February 26, 2024 - Top of Page 11466

Berg introduced:

 

H. F. No. 4286, A bill for an act relating to labor standards; making policy and technical changes; amending Minnesota Statutes 2022, sections 13.79, subdivision 1; 177.30; 181.941, subdivision 4; 181.943; 181A.08; 181A.12, subdivision 1, by adding subdivisions; Minnesota Statutes 2023 Supplement, sections 177.27, subdivisions 2, 4, 7; 177.42, subdivision 2; 181.212, subdivision 7; 181.939, subdivision 2.

 

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

 

 

Virnig introduced:

 

H. F. No. 4287, A bill for an act relating to school boards; modifying the requirements to fill a vacancy in the office of school board member; amending Minnesota Statutes 2022, section 123B.09, subdivision 5b.

 

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

 

 

Myers introduced:

 

H. F. No. 4288, A bill for an act relating to animals; requiring notice of an estray; specifying civil liabilities; proposing coding for new law in Minnesota Statutes, chapter 346.

 

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

 

 

Hanson, J., introduced:

 

H. F. No. 4289, A bill for an act relating to behavioral health; temporarily allowing licensed graduate social workers to engage in clinical practice without supervision if providing crisis response services and to provide treatment supervision to individuals on crisis teams; amending Minnesota Statutes 2022, sections 148E.050, subdivision 3; 245I.04, subdivision 7; 256B.0624, subdivision 9.

 

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

 

 

Frederick, Howard, Johnson, Brand, Urdahl, Skraba, Lislegard and Petersburg introduced:

 

H. F. No. 4290, A bill for an act relating to housing; modifying the Greater Minnesota Housing Infrastructure program; appropriating money for the Greater Minnesota Housing Infrastructure program; authorizing the sale and issuance of state bonds; amending Minnesota Statutes 2023 Supplement, section 462A.395, subdivision 5.

 

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

 

 

Greenman introduced:

 

H. F. No. 4291, A bill for an act relating to employment; establishing an ombudsperson for safety, health, and well-being of agricultural and food processing workers; requiring a report; proposing coding for new law in Minnesota Statutes, chapter 179.

 

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


Journal of the House - 85th Day - Monday, February 26, 2024 - Top of Page 11467

Greenman introduced:

 

H. F. No. 4292, A bill for an act relating to public utilities; specifying certain utility expenses that may not be recovered from ratepayers; amending Minnesota Statutes 2022, section 216B.16, by adding a subdivision; repealing Minnesota Statutes 2022, section 216B.16, subdivisions 8, 9, 17, 18.

 

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

 

 

Greenman, Freiberg, Frederick and Nelson, M., introduced:

 

H. F. No. 4293, A bill for an act relating to elections; modifying appropriations and transfers; amending Laws 2021, First Special Session chapter 12, article 1, section 6; Laws 2023, chapter 62, article 1, sections 6; 43.

 

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

 

 

Petersburg introduced:

 

H. F. No. 4294, A bill for an act relating to game and fish; restricting use of bows near buildings and livestock enclosures; amending Minnesota Statutes 2022, section 97B.001, subdivision 7.

 

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

 

 

Koegel and Hornstein introduced:

 

H. F. No. 4295, A bill for an act relating to transportation; appropriating money for community roadside landscape partnerships.

 

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

 

 

Gomez introduced:

 

H. F. No. 4296, A bill for an act relating to taxation; sales and use; providing an exemption for certain firearm safety devices; amending Minnesota Statutes 2023 Supplement, section 297A.67, subdivision 40.

 

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

 

 

Berg introduced:

 

H. F. No. 4297, A bill for an act relating to retirement; Public Employees Retirement Association police and fire plan; clarifying eligibility for firefighters; amending Minnesota Statutes 2022, section 353.64, subdivisions 1, 2, 4, 5a.

 

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


Journal of the House - 85th Day - Monday, February 26, 2024 - Top of Page 11468

Gomez introduced:

 

H. F. No. 4298, A bill for an act relating to consumer protection; prohibiting certain cashless establishments; providing a civil penalty; authorizing administrative rulemaking; 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.

 

 

Gomez introduced:

 

H. F. No. 4299, A bill for an act relating to capital investment; appropriating money for renovations at the American Swedish Institute.

 

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

 

 

Becker-Finn; Moller; Curran; Kotyza-Witthuhn; Kraft; Youakim; Feist; Freiberg; Berg; Reyer; Virnig; Hemmingsen-Jaeger; Long; Pinto; Elkins; Olson, L., and Agbaje introduced:

 

H. F. No. 4300, A bill for an act relating to firearms; establishing standards for the safe storage of firearms and criminal penalties for failing to meet those standards; amending Minnesota Statutes 2022, section 609.666; Minnesota Statutes 2023 Supplement, section 624.713, subdivision 1.

 

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

 

 

Gomez introduced:

 

H. F. No. 4301, A bill for an act relating to taxation; property; authorizing property tax exemption for certain property owned by Red Lake Nation; appropriating money.

 

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

 

 

Gomez introduced:

 

H. F. No. 4302, A bill for an act relating to taxation; making various policy and technical changes to individual income and corporate franchise taxes, sales and use taxes, property taxes and local government aids, and other miscellaneous taxes and tax-related provisions; amending Minnesota Statutes 2022, sections 116U.27, subdivision 2; 270C.445, subdivision 6; 273.13, subdivision 22; 289A.12, subdivision 18; 297A.66, subdivision 3, by adding a subdivision; 297I.20, subdivision 4; 375.192, subdivision 2; Minnesota Statutes 2023 Supplement, sections 290.01, subdivision 19; 290.0132, subdivisions 26, 34; 290.0134, subdivision 20; 290.0693, subdivisions 1, 6, 8; 290.0695, subdivision 2; 297E.06, subdivision 4; 477A.35, subdivision 6; Laws 2023, chapter 1, sections 22; 28.

 

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

 

 

Reyer introduced:

 

H. F. No. 4303, A bill for an act relating to capital investment; creating a new green infrastructure grant program; amending criteria for certain projects funded through the clean water and drinking water revolving funds; requiring rules and the prioritization of clean water and drinking water projects in certain project priority lists to


Journal of the House - 85th Day - Monday, February 26, 2024 - Top of Page 11469

factor in new criteria; appropriating money; amending Minnesota Statutes 2022, sections 116.182, subdivision 5; 446A.07, subdivisions 1a, 7, 8; 446A.081, subdivisions 1, 12; Minnesota Statutes 2023 Supplement, section 446A.081, subdivisions 8, 9; proposing coding for new law in Minnesota Statutes, chapter 116.

 

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

 

 

Gomez introduced:

 

H. F. No. 4304, A bill for an act relating to natural resources; requiring transfer of White Earth State Forest land to White Earth Band of Minnesota Chippewa Tribe; modifying disposition of certain tax-forfeited land; eliminating White Earth State Forest; proposing coding for new law in Minnesota Statutes, chapter 282; repealing Minnesota Statutes 2022, section 89.021, subdivision 54.

 

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

 

 

Hemmingsen-Jaeger introduced:

 

H. F. No. 4305, A bill for an act relating to human services; modifying the definition of usual and customary price for purposes of medical assistance prescription drug reimbursement; amending Minnesota Statutes 2023 Supplement, section 256B.0625, subdivision 13e.

 

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

 

 

Novotny introduced:

 

H. F. No. 4306, A bill for an act relating to public safety; excluding peace officers from discipline for inclusion on Brady-Giglio lists; establishing a task force to examine Brady-Giglio lists; requiring a report; amending Minnesota Statutes 2022, section 626.89, by adding a subdivision.

 

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

 

 

Baker introduced:

 

H. F. No. 4307, A bill for an act relating to public safety; making a conforming change to penalize fentanyl offenses at the same level as heroin offenses; amending Minnesota Statutes 2022, section 152.025, subdivision 4.

 

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

 

 

Kiel and Fischer introduced:

 

H. F. No. 4308, A bill for an act relating to human services; modifying provisions governing long-term care options counseling; amending Minnesota Statutes 2022, section 256.975, subdivision 7e; repealing Minnesota Statutes 2022, section 256.975, subdivisions 7f, 7g.

 

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


Journal of the House - 85th Day - Monday, February 26, 2024 - Top of Page 11470

Berg; Lillie; Jordan; Brand; Huot; Greenman; Stephenson; Koegel; Nelson, M.; Gomez; Tabke; Hicks; Hemmingsen-Jaeger; Norris; Frazier; Curran; Moller; Smith; Frederick; Hansen, R.; Howard; Olson, L.; Wolgamott; Her; Feist; Lee, K.; Youakim; Kozlowski; Hassan; Virnig; Klevorn and Sencer-Mura introduced:

 

H. F. No. 4309, A bill for an act relating to state government; modifying the classification treatment of temporary positions for purposes of the Public Labor Relations Act; amending Minnesota Statutes 2022, sections 43A.08, subdivisions 2a, 3, by adding a subdivision; 43A.15, subdivision 7; 116P.09, subdivision 4; Minnesota Statutes 2023 Supplement, section 43A.08, subdivisions 1, 1a.

 

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

 

 

Lillie, Youakim and Frederick introduced:

 

H. F. No. 4310, A bill for an act relating to state government; ratifying certain compensation plans.

 

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

 

 

Acomb, Edelson, Coulter and Kotyza-Witthuhn introduced:

 

H. F. No. 4311, A bill for an act relating to children and youth programs; child welfare; requiring certification of summer camp programs; amending Minnesota Statutes 2022, sections 245C.03, by adding a subdivision; 245C.04, by adding a subdivision; 245C.05, by adding a subdivision; 245C.10, by adding a subdivision; Minnesota Statutes 2023 Supplement, sections 245A.03, subdivision 2; 245C.08, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 245A.

 

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

 

 

Acomb, Edelson, Coulter, Hemmingsen-Jaeger, Kotyza-Witthuhn and Pérez-Vega introduced:

 

H. F. No. 4312, A bill for an act relating to child welfare; modifying notification requirements for alleged maltreatment or abuse of a child; amending Minnesota Statutes 2022, section 260E.29.

 

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

 

 

Hollins introduced:

 

H. F. No. 4313, A bill for an act relating to health insurance; requiring coverage of over-the-counter contraceptive drugs, devices, and products by insurers and medical assistance; requiring reports; amending Minnesota Statutes 2023 Supplement, sections 62Q.522, subdivisions 1, 2, 3; 256B.0625, subdivision 13.

 

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

 

 

Huot, Nash, Joy and Harder introduced:

 

H. F. No. 4314, A bill for an act relating to state contracting; requiring the use of certain procedures in state agency contracts involving the professional services of persons regulated by the Board of Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience, and Interior Design; amending Minnesota Statutes 2022, section 16C.087, subdivisions 1, 3.

 

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


Journal of the House - 85th Day - Monday, February 26, 2024 - Top of Page 11471

Hussein introduced:

 

H. F. No. 4315, A bill for an act relating to capital investment; appropriating money for capital improvements to the Biff Adams Arena in Ramsey 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.

 

 

Altendorf and Jacob introduced:

 

H. F. No. 4316, A bill for an act relating to motor fuels; authorizing bulk sales of nonoxygenated gasoline; amending Minnesota Statutes 2022, section 239.791, subdivision 12.

 

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

 

 

Altendorf and Jacob introduced:

 

H. F. No. 4317, A bill for an act relating to transportation; modifying driving rules for implements of husbandry; amending Minnesota Statutes 2022, section 169.801, subdivision 7.

 

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

 

 

Bierman, Schomacker, Hemmingsen-Jaeger, Carroll, Nadeau, Reyer, Elkins and Klevorn introduced:

 

H. F. No. 4318, A bill for an act relating to state government; establishing the dementia services program; appropriating money; 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.

 

 

Lee, F., introduced:

 

H. F. No. 4319, A bill for an act relating to clean water; appropriating money for nitrate monitoring.

 

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

 

 

Hansen, R., introduced:

 

H. F. No. 4320, A bill for an act relating to environment; modifying feedlot permit provisions to require certain manure management plans; amending Minnesota Statutes 2022, section 116.0711, subdivision 1.

 

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

 

 

Schultz, Dotseth, Burkel, Knudsen, Davis, Neu Brindley, Altendorf, Mekeland, McDonald, Fogelman, Kresha, Bakeberg, Koznick, Niska, Swedzinski, Davids, Harder, Wiener and Heintzeman introduced:

 

H. F. No. 4321, A bill for an act relating to immigration; increasing criminal penalties for human trafficking offenses; prohibiting sanctuary cities; requiring reports; amending Minnesota Statutes 2022, sections 171.22; 609.282, subdivision 2; 609.283, subdivision 2; 609.322, subdivision 1a; Minnesota Statutes 2023 Supplement,


Journal of the House - 85th Day - Monday, February 26, 2024 - Top of Page 11472

sections 609.282, subdivisions 1, 1a; 609.322, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 15; 181; 412.

 

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

 

 

Vang introduced:

 

H. F. No. 4322, A bill for an act relating to agriculture; amending the definition of sustainable aviation fuel; amending Minnesota Statutes 2023 Supplement, section 41A.30, subdivision 1.

 

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

 

 

Vang introduced:

 

H. F. No. 4323, A bill for an act relating to agriculture; modifying provisions related to the Minnesota Rural Finance Authority; amending Minnesota Statutes 2023 Supplement, section 41B.0391, subdivision 4.

 

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

 

 

Vang introduced:

 

H. F. No. 4324, A bill for an act relating to state government; establishing Race Based Equity and Inclusivity in Procurement and Contracting Act; proposing coding for new law in Minnesota Statutes, chapter 16C.

 

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

 

 

West, Huot, Norris and Hanson, J., introduced:

 

H. F. No. 4325, A bill for an act relating to taxation; modifying the cannabis gross receipts tax and local government cannabis aid; reducing the cannabis gross receipts tax rate; reallocating local government cannabis aid to general purpose local government aid; authorizing local sales and use taxes on cannabis sales; repealing local government cannabis aid; amending Minnesota Statutes 2023 Supplement, sections 295.81, subdivisions 2, 10; 295.82; repealing Minnesota Statutes 2023 Supplement, section 477A.32.

 

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

 

 

Curran and Becker-Finn introduced:

 

H. F. No. 4326, A bill for an act relating to judiciary; designating certain personal information of justices, judges, and judicial staff as private data on individuals; restricting dissemination of personal information; providing a penalty; proposing coding for new law in Minnesota Statutes, chapters 13; 480; 609.

 

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


Journal of the House - 85th Day - Monday, February 26, 2024 - Top of Page 11473

Frazier introduced:

 

H. F. No. 4327, A bill for an act relating to public safety; clarifying eligibility standard applicable to retroactive relief for certain persons convicted of aiding and abetting felony murder; making conforming changes; amending Minnesota Statutes 2023 Supplement, sections 638.12, subdivision 2; 638.15, subdivision 1; Laws 2023, chapter 52, article 4, section 24, subdivisions 3, 4, 7.

 

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

 

 

MOTIONS AND RESOLUTIONS

 

 

      Her moved that the name of Rehm be added as an author on H. F. No. 601.  The motion prevailed.

 

      Davis moved that the name of Dotseth be added as an author on H. F. No. 605.  The motion prevailed.

 

      Lee, F., moved that the name of Gomez be added as an author on H. F. No. 671.  The motion prevailed.

 

      Kotyza-Witthuhn moved that the name of Engen be added as an author on H. F. No. 728.  The motion prevailed.

 

      Agbaje moved that the name of Sencer-Mura be added as an author on H. F. No. 912.  The motion prevailed.

 

      Pinto moved that the name of Pérez-Vega be added as an author on H. F. No. 973.  The motion prevailed.

 

      Agbaje moved that the name of Fischer be added as an author on H. F. No. 1094.  The motion prevailed.

 

      Bahner moved that the name of Virnig be added as an author on H. F. No. 1197.  The motion prevailed.

 

      Smith moved that the names of Backer and Frazier be added as authors on H. F. No. 1429.  The motion prevailed.

 

      Hanson, J., moved that the name of Frazier be added as an author on H. F. No. 1782.  The motion prevailed.

 

      Freiberg moved that the name of Long be added as an author on H. F. No. 1801.  The motion prevailed.

 

      Hemmingsen-Jaeger moved that the name of Moller be added as an author on H. F. No. 2117.  The motion prevailed.

 

      Burkel moved that the name of Dotseth be added as an author on H. F. No. 2139.  The motion prevailed.

 

      Hansen, R., moved that the name of Hemmingsen-Jaeger be added as an author on H. F. No. 2368.  The motion prevailed.

 

      Greenman moved that the name of Xiong be added as an author on H. F. No. 2374.  The motion prevailed.

 

      Brand moved that the name of Dotseth be added as an author on H. F. No. 2433.  The motion prevailed.

 

      Hansen, R., moved that the name of Hemmingsen-Jaeger be added as an author on H. F. No. 2472.  The motion prevailed.

 

      Acomb moved that the name of Frazier be added as an author on H. F. No. 2699.  The motion prevailed.


Journal of the House - 85th Day - Monday, February 26, 2024 - Top of Page 11474

         Norris moved that the name of Engen be added as an author on H. F. No. 2764.  The motion prevailed.

 

      Hansen, R., moved that the name of Hemmingsen-Jaeger be added as an author on H. F. No. 2805.  The motion prevailed.

 

      Moller moved that the names of Bakeberg and Nadeau be added as authors on H. F. No. 3204.  The motion prevailed.

 

      Frazier moved that the names of Wolgamott and Hornstein be added as authors on H. F. No. 3276.  The motion prevailed.

 

      Wolgamott moved that the name of Berg be added as an author on H. F. No. 3294.  The motion prevailed.

 

      Frazier moved that the name of Hanson, J., be added as an author on H. F. No. 3310.  The motion prevailed.

 

      Norris moved that the name of Bakeberg be added as an author on H. F. No. 3327.  The motion prevailed.

 

      Koegel moved that the name of Engen be added as an author on H. F. No. 3339.  The motion prevailed.

 

      Jordan moved that the name of Youakim be added as an author on H. F. No. 3345.  The motion prevailed.

 

      Stephenson moved that the name of Feist be added as an author on H. F. No. 3350.  The motion prevailed.

 

      Huot moved that the name of Wolgamott be added as an author on H. F. No. 3352.  The motion prevailed.

 

      Clardy moved that the name of Edelson be added as an author on H. F. No. 3360.  The motion prevailed.

 

      Clardy moved that the name of Youakim be added as an author on H. F. No. 3371.  The motion prevailed.

 

      Clardy moved that the name of Youakim be added as an author on H. F. No. 3372.  The motion prevailed.

 

      Pursell moved that the name of Fischer be added as an author on H. F. No. 3385.  The motion prevailed.

 

      Pursell moved that the name of Fischer be added as an author on H. F. No. 3389.  The motion prevailed.

 

      Lee, K., moved that the name of Youakim be added as an author on H. F. No. 3492.  The motion prevailed.

 

      Bahner moved that the name of Virnig be added as an author on H. F. No. 3494.  The motion prevailed.

 

      Moller moved that the name of Bahner be added as an author on H. F. No. 3509.  The motion prevailed.

 

      Moller moved that the name of Feist be added as an author on H. F. No. 3510.  The motion prevailed.

 

      Greenman moved that the name of Bahner be added as an author on H. F. No. 3527.  The motion prevailed.

 

      Sencer-Mura moved that the name of Youakim be added as an author on H. F. No. 3534.  The motion prevailed.

 

      Sencer-Mura moved that the name of Youakim be added as an author on H. F. No. 3535.  The motion prevailed.

 

      Moller moved that the name of Rarick be shown as chief author on H. F. No. 3555.  The motion prevailed.

 

      Hollins moved that the name of Pérez-Vega be added as an author on H. F. No. 3564.  The motion prevailed.


Journal of the House - 85th Day - Monday, February 26, 2024 - Top of Page 11475

         Finke moved that the name of Edelson be added as an author on H. F. No. 3570.  The motion prevailed.

 

      Clardy moved that the name of Berg be added as an author on H. F. No. 3575.  The motion prevailed.

 

      Lee, F., moved that the name of Gomez be added as an author on H. F. No. 3579.  The motion prevailed.

 

      Lee, F., moved that the name of Frazier be added as an author on H. F. No. 3583.  The motion prevailed.

 

      Bahner moved that the name of Robbins be added as an author on H. F. No. 3585.  The motion prevailed.

 

      Acomb moved that the name of Youakim be added as an author on H. F. No. 3590.  The motion prevailed.

 

      Gomez moved that the name of Hanson, J., be added as an author on H. F. No. 3597.  The motion prevailed.

 

      Noor moved that the name of Bahner be added as an author on H. F. No. 3600.  The motion prevailed.

 

      Carroll moved that the name of Bahner be added as an author on H. F. No. 3602.  The motion prevailed.

 

      Pérez-Vega moved that the name of Bahner be added as an author on H. F. No. 3610.  The motion prevailed.

 

      Pérez-Vega moved that the name of Edelson be added as an author on H. F. No. 3628.  The motion prevailed.

 

      Her moved that the name of Kraft be added as an author on H. F. No. 3640.  The motion prevailed.

 

      Noor moved that the name of Bahner be added as an author on H. F. No. 3643.  The motion prevailed.

 

      Robbins moved that the name of Edelson be added as an author on H. F. No. 3654.  The motion prevailed.

 

      Bierman moved that the name of Reyer be added as an author on H. F. No. 3664.  The motion prevailed.

 

      Hicks moved that the name of Reyer be added as an author on H. F. No. 3678.  The motion prevailed.

 

      Kotyza-Witthuhn moved that the name of Lee, K., be added as an author on H. F. No. 3680.  The motion prevailed.

 

      Kotyza-Witthuhn moved that the name of Edelson be added as an author on H. F. No. 3681.  The motion prevailed.

 

      Hassan moved that the name of Hornstein be added as an author on H. F. No. 3687.  The motion prevailed.

 

      Sencer-Mura moved that the name of Her be added as an author on H. F. No. 3709.  The motion prevailed.

 

      Lee, F., moved that the name of Xiong be added as an author on H. F. No. 3738.  The motion prevailed.

 

      Edelson moved that the names of Her and Bierman be added as authors on H. F. No. 3741.  The motion prevailed.

 

      Hill moved that the name of Xiong be added as an author on H. F. No. 3746.  The motion prevailed.

 

      Demuth moved that the name of Stephenson be added as an author on H. F. No. 3757.  The motion prevailed.

 

      Pryor moved that the names of Youakim and Hornstein be added as authors on H. F. No. 3782.  The motion prevailed.


Journal of the House - 85th Day - Monday, February 26, 2024 - Top of Page 11476

         Davis moved that the name of Hansen, R., be added as an author on H. F. No. 3796.  The motion prevailed.

 

      Norris moved that the name of Frazier be added as an author on H. F. No. 3799.  The motion prevailed.

 

      Nadeau moved that the names of Hudson and Backer be added as authors on H. F. No. 3808.  The motion prevailed.

 

      Acomb moved that the name of Youakim be added as an author on H. F. No. 3812.  The motion prevailed.

 

      Acomb moved that the names of Hill and Freiberg be added as authors on H. F. No. 3813.  The motion prevailed.

 

      Wiens moved that the name of Becker-Finn be added as an author on H. F. No. 3820.  The motion prevailed.

 

      Reyer moved that the name of Youakim be added as an author on H. F. No. 3841.  The motion prevailed.

 

      Lislegard moved that the name of Youakim be added as an author on H. F. No. 3848.  The motion prevailed.

 

      Frazier moved that the name of Hanson, J., be added as an author on H. F. No. 3851.  The motion prevailed.

 

      Gomez moved that the name of Hemmingsen-Jaeger be added as an author on H. F. No. 3855.  The motion prevailed.

 

      Olson, L., moved that the names of Hussein and Feist be added as authors on H. F. No. 3882.  The motion prevailed.

 

      Sencer-Mura moved that the name of Youakim be added as an author on H. F. No. 3897.  The motion prevailed.

 

      Hassan moved that the name of Edelson be added as an author on H. F. No. 3917.  The motion prevailed.

 

      Urdahl moved that the name of Engen be added as an author on H. F. No. 3924.  The motion prevailed.

 

      Wolgamott moved that the names of Berg, Lislegard and Davids be added as authors on H. F. No. 3972.  The motion prevailed.

 

      Hollins moved that the name of Youakim be added as an author on H. F. No. 3976.  The motion prevailed.

 

      Sencer-Mura moved that the name of Zeleznikar be added as an author on H. F. No. 3979.  The motion prevailed.

 

      Lislegard moved that the name of Knudsen be added as an author on H. F. No. 3992.  The motion prevailed.

 

      Myers moved that the name of Anderson, P. E., be added as an author on H. F. No. 4007.  The motion prevailed.

 

      Kraft moved that the names of Xiong, Mekeland, Hemmingsen-Jaeger, Igo, Hicks and Smith be added as authors on H. F. No. 4009.  The motion prevailed.

 

      Moller moved that the name of Youakim be added as an author on H. F. No. 4027.  The motion prevailed.

 

      Zeleznikar moved that the name of Schultz be added as an author on H. F. No. 4033.  The motion prevailed.

 

      Smith moved that the name of Sencer-Mura be added as an author on H. F. No. 4049.  The motion prevailed.


Journal of the House - 85th Day - Monday, February 26, 2024 - Top of Page 11477

         Pursell moved that the name of Hemmingsen-Jaeger be added as an author on H. F. No. 4060.  The motion prevailed.

 

      Anderson, P. H., moved that the name of Schultz be added as an author on H. F. No. 4071.  The motion prevailed.

 

      Lislegard moved that the names of Coulter and Schultz be added as authors on H. F. No. 4079.  The motion prevailed.

 

      Garofalo moved that the name of Engen be added as an author on H. F. No. 4090.  The motion prevailed.

 

      Huot moved that the name of Myers be added as an author on H. F. No. 4121.  The motion prevailed.

 

      Lillie moved that the names of Hemmingsen-Jaeger and Youakim be added as authors on H. F. No. 4130.  The motion prevailed.

 

      Hansen, R., moved that the name of Rehm be added as an author on H. F. No. 4135.  The motion prevailed.

 

      Rehm moved that the name of Elkins be added as an author on H. F. No. 4168.  The motion prevailed.

 

      Pelowski moved that the name of Long be added as an author on H. F. No. 4175.  The motion prevailed.

 

      Bierman moved that the name of Schomacker be added as an author on H. F. No. 4187.  The motion prevailed.

 

      Feist moved that the name of Hemmingsen-Jaeger be added as an author on H. F. No. 4200.  The motion prevailed.

 

      Schultz moved that the name of Engen be added as an author on H. F. No. 4213.  The motion prevailed.

 

      Tabke moved that H. F. No. 3436 be recalled from the Committee on Ways and Means and be re-referred to the Committee on Transportation Finance and Policy.  The motion prevailed.

 

      Skraba moved that H. F. No. 3839 be recalled from the Committee on Capital Investment and be re-referred to the Committee on Environment and Natural Resources Finance and Policy.  The motion prevailed.

 

      Jacob moved that H. F. No. 4044 be recalled from the Committee on Taxes and be re-referred to the Committee on Agriculture Finance and Policy.  The motion prevailed.

 

 

ADJOURNMENT

 

      Long moved that when the House adjourns today it adjourn until 5:30 p.m., Wednesday, February 28, 2024.  The motion prevailed.

 

      Long moved that the House adjourn.  The motion prevailed, and the Speaker declared the House stands adjourned until 5:30 p.m., Wednesday, February 28, 2024.

 

 

Patrick D. Murphy, Chief Clerk, House of Representatives

 

 


Journal of the House - 85th Day - Monday, February 26, 2024 - Top of Page 11478