Journal of the House - 58th Day - Thursday, April 27, 2023 - Top of Page 7139

 

 

STATE OF MINNESOTA

 

 

NINETY-THIRD SESSION - 2023

 

_____________________

 

FIFTY-EIGHTH DAY

 

Saint Paul, Minnesota, Thursday, April 27, 2023

 

 

      The House of Representatives convened at 11:00 a.m. and was called to order by Melissa Hortman, Speaker of the House.

 

      Prayer was offered by Pastor Dustin Sherry, Living Word Christian Center, Brooklyn Park, 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

Baker

Becker-Finn

Bennett

Berg

Bierman

Bliss

Brand

Burkel

Carroll

Cha

Clardy

Coulter

Curran

Daniels

Daudt

Davis

Demuth

Dotseth

Edelson

Elkins

Engen

Feist

Finke

Fischer

Fogelman

Franson

Frazier

Frederick

Freiberg

Garofalo

Gomez

Greenman

Hansen, R.

Hanson, J.

Harder

Heintzeman

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Hudella

Hudson

Huot

Hussein

Igo

Jacob

Johnson

Jordan

Joy

Keeler

Klevorn

Knudsen

Koegel

Kotyza-Witthuhn

Kozlowski

Koznick

Kraft

Kresha

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

McDonald

Mekeland

Moller

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, M.

Nelson, N.

Neu Brindley

Newton

Niska

Noor

Norris

Novotny

O'Driscoll

Olson, B.

Olson, L.

O'Neill

Pelowski

Pérez-Vega

Perryman

Petersburg

Pfarr

Pinto

Pryor

Pursell

Quam

Rehm

Reyer

Richardson

Robbins

Schomacker

Schultz

Scott

Sencer-Mura

Skraba

Smith

Stephenson

Swedzinski

Tabke

Torkelson

Urdahl

Vang

West

Wiener

Wiens

Witte

Wolgamott

Xiong

Youakim

Zeleznikar

Spk. Hortman


 

      A quorum was present.

 

      Bakeberg, Davids, Gillman, Grossell and Kiel were excused.

 

      Hassan was excused until 12:55 p.m.

 

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


Journal of the House - 58th Day - Thursday, April 27, 2023 - Top of Page 7140

REPORTS OF CHIEF CLERK

 

      S. F. No. 1384 and H. F. No. 1522, which had been referred to the Chief Clerk for comparison, were examined and found to be not identical.

 

      Nelson, M., moved that S. F. No. 1384 be substituted for H. F. No. 1522 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 2369 and H. F. No. 1922, which had been referred to the Chief Clerk for comparison, were examined and found to be not identical.

 

      Hassan moved that S. F. No. 2369 be substituted for H. F. No. 1922 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

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

 

H. F. No. 2369, A bill for an act relating to labor; establishing protections for transportation network company drivers; providing a civil action; appropriating money; proposing coding for new law as Minnesota Statutes, chapter 181C.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  [181C.01] DEFINITIONS.

 

(a) For the purposes of this chapter, the terms defined in this section have the meanings given.

 

(b) "Deactivation" means the suspension or termination of a driver's ability to receive connections to potential riders from a transportation network company.

 

(c) "Digital network" means any online-enabled application, software, website, or other system offered or utilized by a transportation network company that enables the prearrangement of rides by transportation network company drivers.

 

(d) "Prearranged ride" or "ride" means the provision of transportation by a TNC driver to a rider, beginning when the driver accepts a request to transport the person through a digital network controlled by a transportation network company, continuing while the driver transports the rider, and ending when the last requesting rider departs the vehicle.

 

(e) "Transportation network company" or "TNC" means a corporation, partnership, sole proprietorship, or other entity that provides transportation services in this state and that uses a digital network to connect TNC riders to TNC drivers who provide prearranged rides.  A TNC does not include taxicabs, limousines, for-hire vehicles, or a private passenger vehicle driven by a volunteer driver, nor any entity that does not transport people.

 

(f) "Transportation network driver" or "driver" means an individual who receives connections to potential riders or related services from a TNC in exchange for payment.


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Sec. 2.  [181C.02] OBLIGATIONS AND DUTIES INSURANCE REQUIREMENTS.

 

(a) A TNC must maintain insurance on a driver's behalf that:

 

(1) meets the requirements set forth in section 65B.472; and

 

(2) covers injuries to TNC drivers of at least three months for injuries incurred pursuant to paragraph (c) that are not already fully covered by auto insurance, and occur while the driver is engaged in activities under paragraph (b).

 

(b) Insurance policies required under paragraph (a), clause (2), must cover injuries that occur:

 

(1) while the driver is logged into the network and available to receive transportation requests; or

 

(2) while the driver is engaged in a prearranged ride or activities attendant to, or as a result of, the ride.

 

(c) Policies issued under paragraph (a), clause (2), must cover a driver's injuries that present clear physical manifestations within ten days of a qualifying incident, and any exacerbations or reoccurrence of the original injuries.  Notwithstanding anything to the contrary in this section, the limits of the policy per driver, per qualifying incident, must be at least:

 

(1) $1,000,000 for medical costs and expenses;

 

(2) $500,000 for disability; and

 

(3) 75 percent of lost wages, as established by the driver's average wages for the preceding three months prior to the qualifying incident.

 

(d) A driver shall not be responsible for any costs of the insurance policy required under paragraph (a).

 

(e) All insurance policies under this section must name the driver as an insured and must be issued by a company or companies licensed by the Department of Commerce.

 

(f) A driver may appeal a claim relating to an insurance policy under this section.

 

Sec. 3.  [181C.03] MINIMUM COMPENSATION.

 

(a) All fees provided in this section must be calculated on a per-trip basis and may not be combined.

 

(b) Minimum compensation paid by a TNC shall be as follows:

 

(1) at least $1.85 per mile and $0.25 per minute to all drivers, subject to paragraph (e), for the time transporting a passenger, unless surge or other enhanced billing is in effect, in which case the driver shall also be paid 80 percent of any additional fee or fare charged to the rider on top of their regular mile and minute fees paid on a per-trip basis;

 

(2) a $6.00 cancellation fee when a cancellation occurs after the driver has already departed to pick up the rider;

 

(3) a $1.25 per mile and $0.10 per minute fee while driving empty to pick up a rider if it is more than five miles.  The fee reverts to normal after the pickup; and

 

(4) a minimum fee of $6.00 for any transport of a rider by a driver.

 

(c) A TNC that uses its software or collection technology to collect fees or fares must pay a driver the fees or fares earned by the driver, regardless of whether the fees or fares are actually collected.


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(d) A TNC must provide to the applicable driver all tips that a passenger provides to the driver on the driver's next payment.

 

(e) Beginning July 1, 2024, and each July 1 thereafter, the fares and fees provided in paragraph (b), clauses (1) to (4), are subject to an automatic annual adjustment equal to the cost-of-living percentage published by the United States Department of Labor.

 

Sec. 4.  [181C.04] DEACTIVATION.

 

(a) A TNC must provide the driver with a written account of the basis for any proposed deactivation or other sanction with sufficient detail that allows the driver to be able to respond, including the alleged violation, when and where it occurred, and what rule was violated.

 

(b) Deactivation for more than three days may only be as a consequence of a major infraction that occurs while driving.  The circumstances constituting a major infraction must be clearly stated in the rules and are limited to the following, except as provided in paragraph (c):

 

(1) driving while impaired;

 

(2) reckless or careless driving;

 

(3) unprovoked assault;

 

(4) theft;

 

(5) sexual, racial, or other illegal harassment initiated by a driver; and

 

(6) any felony committed by a driver while driving.

 

(c) Infractions that are not a major infraction cannot be combined to cause a deactivation of more than three days unless the driver exhibits a clear pattern of disregard for the interest of passengers or the obligations of the driver after at least three written warnings about the behavior.

 

(d) The driver must have the opportunity to present their position and any other relevant information or witnesses regarding the alleged infraction prior to deactivation or a sanction being imposed.  The TNC must consider any information provided by the driver.  The burden of persuasion for any rule violation is more likely than not and must be based on substantial, credible evidence.  For a deactivation to occur, it must be a reasonable action based on the totality of the circumstances.  A decertification hearing must occur within ten days of a TNC becoming aware of an alleged violation.  A traffic ticket or other traffic or criminal charge is not conclusive evidence of a violation unless there has been a conviction.

 

(e) A hearing must occur prior to any deactivation or other sanction being applied, except that a TNC may temporarily deactivate a driver for a major infraction that endangers public safety.  In such instances, if the violation is not substantiated, the TNC must immediately reinstate the driver.  If no hearing occurs within the required time period, and no continuance is agreed to, the alleged claim of a violation must be dismissed and cannot form the basis of any further deactivation or other sanction.

 

(f) If the TNC deactivates a driver, or gives a suspension of more than ten days, or if multiple deactivations exceeding 15 days to a driver occur in a two-year period, the driver may appeal.

 

(g) This provision does not affect layoffs for economic reasons that are not targeted at a particular driver or drivers.


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(h) Any driver who has been deactivated by a TNC since January 1, 2019, has the right to a hearing, consistent with the procedures provided in this section, to determine if there is a valid basis for the deactivation.  If a valid basis is not established consistent with this section, the driver must be reinstated.  A driver who has previously been deactivated may reapply for driver status and the application must be reviewed consistent with this chapter.

 

(i) By August 1, 2023, a TNC must provide notice of a right to a hearing to all drivers deactivated since January 1, 2019, by contacting the drivers through the following means:

 

(1) emailing notice to the last known email address;

 

(2) texting to the last known cell phone number;

 

(3) providing a written notice to the last known home address; and

 

(4) calling the last known phone number of the deactivated driver.

 

(j) A deactivated driver notified under paragraph (i) has 90 days to request a hearing.  If a driver requests a hearing, the procedures provided in this section apply to that process.

 

Sec. 5.  [181C.05] RETALIATION PROHIBITED.

 

A TNC may not retaliate against or discipline a driver for making a complaint, pursuing enforcement of the provisions of this chapter, joining with other drivers to discuss or address concerns, or otherwise engaging in public discourse or expressing opinions regarding their relationship with a TNC.

 

Sec. 6.  [181C.06] EQUAL ACCESS TO TRANSPORT.

 

A TNC may not use assignment of rides to favor or disfavor any driver for any reason.  The assignments must be on a nonpreferential basis.  A TNC must not withhold or change assignments to a driver because a driver refused potential dispatches.  All dispatches must be made on a driver-neutral basis.  A TNC is prohibited from promising preferential treatment in rider assignments if a driver agrees to refrain from joining an organization of drivers or for any other reason.

 

Sec. 7.  [181C.07] DISCRIMINATION PROHIBITED.

 

A TNC may not discriminate against any of its drivers, applicants to become drivers, riders, or potential riders due to race, national origin, color, religion, age, gender, disability, sexual orientation, or gender identity.  Nothing in this language prohibits providing reasonable accommodations to people with disabilities, for religious reasons, due to pregnancy, or to remedy previous discriminatory behavior.

 

Sec. 8.  [181C.08] CIVIL ACTION.

 

(a) A driver or a driver's beneficiaries may bring a civil action for damages for noncompliance or a violation of this chapter against a TNC in district court, conciliation court, or any other court of competent jurisdiction.

 

(b) A prevailing plaintiff is entitled to lost past and future wages and compensatory, actual, comprehensive, emotional distress, and any other damages the plaintiff suffered as a proximate result of a TNC's breach of the duties and requirements under this chapter.

 

(c) If a TNC fails to provide insurance, a prevailing plaintiff is entitled to the benefit they would have received under the applicable insurance policy if it had been in effect or, at the prevailing plaintiff's discretion, what the cost of that insurance would have been.


Journal of the House - 58th Day - Thursday, April 27, 2023 - Top of Page 7144

(d) Injunctive relief may also be sought and granted.

 

(e) A prevailing plaintiff is entitled to reasonable attorney fees, costs, and expenses.

 

(f) A $1,000 penalty for each violation may be assessed against the TNC and made payable to the injured party.

 

(g) The statute of limitations for an action under this section is three years from the date of discovery of the violation affecting the complaining party.

 

Sec. 9.  [181C.09] REVOCATION OF LICENSE.

 

Failure to comply with the requirements of this chapter subjects a TNC to revocation of any license and right to operate issued by a local unit of government.

 

Sec. 10.  [181C.10] TRANSPARENCY.

 

(a) When a TNC alerts a driver of a possible assignment to transport a rider, the TNC must indicate the number of miles and likely travel time from the driver's current location to the pickup.  The TNC must separately indicate the length and likely travel time of the trip.

 

(b) Within 24 hours of each trip completion, the TNC must transmit an electronic receipt to the driver containing the following information for each unique trip or portion of a unique trip:

 

(1) the date, location, total distance traveled, and time spent from acceptance of the assignment to its completion;

 

(2) the time taken and total distance traveled from pickup to drop-off of the rider;

 

(3) an itemization of the total fare or fee paid by the passenger;

 

(4) the total compensation to the driver specifying the rate or rates of pay, the rate per minute, rate per mile, any applicable price multiplier or variable pricing policy in effect, tip compensation, and a specifically itemized list of all costs and reimbursements to, or charged to, the driver; and

 

(5) any other information necessary to implement this chapter.

 

(c) Each driver must be provided with a detailed and itemized explanation communicated either in writing or electronically of how the driver's compensation is calculated.  The communication must specify:

 

(1) all factors that impact a driver's compensation or reimbursement; and

 

(2) on average, the percentage of the total collected fees and costs incurred by the TNC that are allocated to the drivers.

 

(d) Any changes in the criteria, formula, or method of calculating the total compensation to drivers must be provided to drivers in writing at least 30 days prior to taking effect.

 

Sec. 11.  [181C.11] COLLECTIVE BARGAINING AGREEMENTS; EMPLOYMENT STATUS.

 

Nothing in this chapter prohibits collective bargaining or is a basis to conclude whether a driver is an employee or independent contractor.

 

Sec. 12.  [181C.12] DRIVER CONTRACT REQUIREMENTS.

 

A copy of this chapter must be attached to every driver contract for drivers in this state.  The rights and remedies established in this chapter are not required to be pursued through arbitration and shall be at the election of the driver.  Contracts that have already been executed must have an addendum provided to each driver that includes a copy of


Journal of the House - 58th Day - Thursday, April 27, 2023 - Top of Page 7145

this chapter and notice that a driver may elect to pursue the remedies provided in this chapter, rather than through arbitration.  For cases that go to arbitration, the rights and damages that drivers are entitled to in an arbitration proceeding shall be as provided in this chapter.

 

Sec. 13.  [181C.13] RELATIONSHIP OF THE PARTIES.

 

Notwithstanding any other provision of law regarding independent contractors or employee status, nothing in this chapter affects whether a TNC is an employer of a driver, nor whether a TNC driver is an employee of the TNC."

 

Amend the title as follows:

 

Page 1, line 3, delete "appropriating money;"

 

 

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

 

      The report was adopted.

 

      Pursuant to Joint Rule 2.03 and in accordance with Senate Concurrent Resolution No. 3, H. F. No. 2369 was re‑referred to the Committee on Rules and Legislative Administration.

 

 

SECOND READING OF SENATE BILLS

 

 

      S. F. Nos. 1384 and 2369 were read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

      Feist, Becker-Finn, Frazier, Hollins, Agbaje, Liebling, Long, Pinto, Freiberg, Moller, Stephenson, Carroll, Richardson and Greenman introduced:

 

H. F. No. 3289, A bill for an act relating to judiciary; expanding treatment courts throughout the state to ensure statewide access; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 484.

 

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

 

 

Stephenson introduced:

 

H. F. No. 3290, A bill for an act relating to capital investment; appropriating money for capital improvements at an ice arena in the city of Anoka.

 

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


Journal of the House - 58th Day - Thursday, April 27, 2023 - Top of Page 7146

Skraba introduced:

 

H. F. No. 3291, A bill for an act relating to natural resources; appropriating money for capital improvements to the International Wolf Center.

 

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

 

 

Pursell introduced:

 

H. F. No. 3292, A bill for an act relating to agriculture; establishing a soil-healthy farming mentorship grant program; appropriating money for grants promoting soil health practices.

 

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

 

 

Pursell introduced:

 

H. F. No. 3293, A bill for an act relating to agriculture; setting soil-healthy farming goals for the state of Minnesota.

 

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

 

 

MESSAGES FROM THE SENATE

 

 

      The following message was received from the Senate:

 

 

Madam Speaker:

 

I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:

 

S. F. Nos. 1362 and 2904.

 

Thomas S. Bottern, Secretary of the Senate

 

 

FIRST READING OF SENATE BILLS

 

 

S. F. No. 1362, A bill for an act relating to elections; modifying campaign finance provisions; modifying campaign finance reporting requirements; requiring disclosure of electioneering communications; amending provisions relating to voter registration, absentee voting, and election day voting; adopting the national popular vote compact; prohibiting certain contributions during the legislative session; making technical and clarifying changes; amending Minnesota Statutes 2022, sections 5B.06; 10A.01, subdivisions 5, 21, 26, 30, by adding subdivisions; 10A.022, subdivision 3; 10A.025, subdivision 4; 10A.03, subdivision 2, by adding a subdivision; 10A.04, subdivisions 3, 9; 10A.09, subdivision 5, by adding a subdivision; 10A.121, subdivisions 1, 2; 10A.15, subdivisions 3, 5, by adding subdivisions; 10A.17, subdivision 5, by adding a subdivision; 10A.20, subdivisions 2a, 5; 10A.244; 10A.25, subdivision 3a; 10A.271, subdivision 1; 10A.273, subdivisions 1, 2; 10A.275, subdivision 1; 10A.38;


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135A.17, subdivision 2; 201.061, subdivisions 1, 3, by adding a subdivision; 201.071, subdivision 8; 201.12, subdivision 2; 201.121, subdivision 1; 201.13, subdivision 3; 201.1611, subdivision 1, by adding a subdivision; 201.195; 201.225, subdivision 2; 202A.18, subdivision 2a; 203B.06, subdivision 3; 203B.07, subdivisions 1, 2, 3; 203B.08, subdivisions 1, 3; 203B.11, subdivisions 1, 2, 4; 203B.16, subdivision 2; 203B.21, subdivisions 1, 3; 203B.23, subdivision 2; 203B.24, subdivision 1; 204B.06, subdivisions 1, 1b, 4a, by adding a subdivision; 204B.09, subdivision 1; 204B.13, by adding a subdivision; 204B.14, subdivision 2; 204B.16, subdivision 1; 204B.19, subdivision 6; 204B.21, subdivision 2; 204B.32, subdivision 2; 204B.35, by adding a subdivision; 204C.04, subdivision 1; 204C.07, subdivision 4; 204C.15, subdivision 1; 204C.24, subdivision 1; 204C.28, subdivision 1; 204C.33, subdivision 3; 204C.35, by adding a subdivision; 204C.39, subdivision 1; 204D.08, subdivision 6; 204D.09, subdivision 2; 204D.13, subdivisions 2, 3, by adding a subdivision; 204D.16; 204D.25, subdivision 1; 205.13, subdivision 5; 205.16, subdivision 2; 205.175, subdivision 3; 205A.09, subdivision 2; 205A.10, subdivision 5; 205A.12, subdivision 5; 206.58, subdivisions 1, 3; 206.61, subdivision 1; 206.80; 206.83; 206.845, by adding a subdivision; 206.86, by adding a subdivision; 206.90, subdivision 10; 207A.12; 207A.15, subdivision 2; 208.05; 209.021, subdivision 2; 211B.15, subdivision 8; 211B.20, subdivision 1; 367.03, subdivision 6; 447.32, subdivision 4; proposing coding for new law in Minnesota Statutes, chapters 10A; 203B; 208; repealing Minnesota Statutes 2022, section 202A.16; Minnesota Rules, parts 4511.0100, subpart 1a; 4511.0600, subpart 5.

 

The bill was read for the first time. 

 

Freiberg moved that S. F. No. 1362 and H. F. No. 1141, now on the General Register, be referred to the Chief Clerk for comparison.  The motion prevailed.

 

 

S. F. No. 2904, A bill for an act relating to state government; modifying environment and natural resources laws; modifying forestry laws; modifying game and fish laws; modifying water law; modifying certain collective bargaining provisions; requiring reports; making technical corrections; amending Minnesota Statutes 2022, sections 84.788, subdivision 5; 84.82, subdivision 2, by adding a subdivision; 84.821, subdivision 2; 84.84; 84.86, subdivision 1; 84.87, subdivision 1; 84.922, subdivision 4; 84.992, subdivisions 2, 5; 85.015, subdivision 10; 85.052, subdivision 6; 89A.11; 90.181, subdivision 2; 97A.015, subdivisions 29, 51; 97A.031; 97A.126; 97A.137, subdivisions 3, 5; 97A.401, subdivision 1, by adding a subdivision; 97A.405, subdivision 5; 97A.421, subdivision 3; 97B.031, subdivision 1; 97B.036; 97B.037; 97B.071; 97B.301, subdivisions 2, 6; 97B.318, subdivision 1; 97B.668; 97C.041; 97C.211, subdivision 2a; 97C.315, subdivision 1; 97C.345, subdivision 1; 97C.371, subdivisions 1, 2, 4; 97C.395, subdivision 1; 97C.515, subdivision 2; 97C.601, subdivision 1; 97C.836; 103G.005, by adding subdivisions; 103G.271, subdivision 4a; 103G.287, subdivision 2; 103G.299, subdivisions 1, 2, 5, 10; 103G.301, subdivisions 6, 7; 115.061; 179A.10, by adding a subdivision; Laws 2022, chapter 80, section 3; proposing coding for new law in Minnesota Statutes, chapters 11A; 103G; repealing Minnesota Statutes 2022, sections 97C.055; 97C.515, subdivisions 4, 5; Minnesota Rules, parts 6100.5000, subparts 3, 4, 5; 6100.5700, subpart 4.

 

The bill was read for the first time. 

 

Hansen, R., moved that S. F. No. 2904 and H. F. No. 2774, now on the General Register, be referred to the Chief Clerk for comparison.  The motion prevailed.

 

 

      Long moved that the House recess subject to the call of the Chair.  The motion prevailed.

 

 

RECESS

 

 

RECONVENED

 

      The House reconvened and was called to order by the Speaker.


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REPORT FROM THE COMMITTEE ON RULES

AND LEGISLATIVE ADMINISTRATION

 

      Long from the Committee on Rules and Legislative Administration, pursuant to rules 1.21 and 3.33, designated the following bills to be placed on the Calendar for the Day for Monday, May 1, 2023 and established a prefiling requirement for amendments offered to the following bills:

 

      S. F. No. 1384; and H. F. Nos. 782 and 1234.

 

 

CALENDAR FOR THE DAY

 

 

      S. F. No. 2744 was reported to the House.

 

 

Stephenson moved to amend S. F. No. 2744, the unofficial engrossment, as follows:

 

Page 163, after line 7, insert:

 

"Sec. 13.  Minnesota Statutes 2022, section 325E.66, subdivision 3, is amended to read:

 

Subd. 3.  Public enforcement.  The commissioner of labor and industry shall enforce this section subdivision 1 under sections 326B.081 to 326B.085.

 

Sec. 14.  [325E.67] POST-LOSS ASSIGNMENT OF BENEFITS.

 

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

 

(b) "Residential contractor" means a residential roofer, as defined in section 326B.802, subdivision 14; a residential building contractor, as defined in section 326B.802, subdivision 11; or a residential remodeler, as defined in section 326B.802, subdivision 12.

 

(c) "Residential real estate" means a new or existing building, including appurtenant structures, constructed for habitation by at least one family but no more than four families.

 

Subd. 2.  Post-loss assignment.  A post-loss assignment of rights or benefits to a residential contractor under a property and casualty insurance policy insuring residential real estate must comply with the following:

 

(1) the assignment must only authorize a residential contractor to be named as a copayee for the payment of benefits under a property and casualty insurance policy covering residential real estate;

 

(2) the assignment must include all of the following:

 

(i) an itemized description of the work to be performed;

 

(ii) an itemized description of materials, labor, and fees for the work to be performed; and

 

(iii) a total itemized amount to be paid for the work to be performed;

 

(3) the assignment must include a statement that the residential contractor has made no assurances that the claimed loss is fully covered by an insurance contract and must include the following notice in capitalized 14-point type:


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"YOU ARE AGREEING TO ASSIGN CERTAIN RIGHTS YOU HAVE UNDER YOUR INSURANCE POLICY.  THE ITEMIZED DESCRIPTION OF THE WORK PERFORMED, AS SET FORTH IN THIS ASSIGNMENT FORM, HAS NOT BEEN AGREED TO BY THE INSURER.  PLEASE READ AND UNDERSTAND THIS DOCUMENT BEFORE SIGNING.  THE INSURER MAY ONLY PAY FOR THE REASONABLE COST TO REPAIR OR REPLACE DAMAGED PROPERTY CAUSED BY A COVERED PERIL, SUBJECT TO THE TERMS OF THE POLICY.";

 

(4) the named insured has the right to cancel the assignment within ten business days after receipt of the scope of work by the insurance company.  The cancellation must be made in writing or a comparable digital format.  Within ten business days of the date of the written cancellation, the residential contractor must tender to the named insured, the landowner, or the possessor of the real estate any payments, partial payments, or deposits that have been made by that person;

 

(5) the assignment must include the following notice in capitalized 14-point type, located in the immediate proximity of the space reserved in the assignment for the signature of the named insured:

 

"YOU MAY CANCEL THIS ASSIGNMENT WITHOUT PENALTY WITHIN TEN (10) BUSINESS DAYS FROM THE LATER OF THE DATE THE ASSIGNMENT IS EXECUTED OR THE DATE ON WHICH YOU RECEIVE A COPY OF THE EXECUTED ASSIGNMENT.  YOU MUST CANCEL THE ASSIGNMENT IN WRITING AND THE CANCELLATION MUST BE DELIVERED TO [insert the name and address of residential contractor as provided by the residential contractor].  IF MAILED, THE CANCELLATION MUST BE POSTMARKED ON OR BEFORE THE TEN (10) BUSINESS DAY DEADLINE.  IF YOU CANCEL THIS ASSIGNMENT, THE RESIDENTIAL CONTRACTOR HAS UP TO TEN (10) BUSINESS DAYS TO RETURN ANY PAYMENTS OR DEPOSITS YOU HAVE MADE.";

 

(6) the assignment must not impair the interests of a mortgagee or other parties with any legal interests listed on the declarations page of the property and casualty insurance policy that is the subject of the assignment; and

 

(7) the assignment must not prevent or inhibit an insurer from communicating with the named insured or mortgagee listed on the declarations page of the property and casualty insurance policy that is the subject of the assignment.

 

Subd. 3.  Other requirements.  A residential contractor receiving the assignment described in subdivision 2 must:

 

(1) deliver a copy of the assignment to the insurer of the residential real estate within five business days of the date the assignment is executed;

 

(2) cooperate with the insurer of the residential real estate in an investigation into the claim by providing documents and records requested by the insurer and complying with the post-loss duties under the insurance policy; and

 

(3) comply with section 325E.66.

 

Subd. 4.  Certain assignments void.  A post-loss assignment of benefits entered into with a residential contractor that violates any provision of the federal Insured Homeowner's Protection Act of 1998, Public Law 105‑216, as amended, is void."

 

Page 173, delete section 19 and insert:

 

"Sec. 19.  Minnesota Statutes 2022, section 325F.70, is amended by adding a subdivision to read:

 

Subd. 3.  Private enforcement.  (a) In addition to the remedies otherwise provided by law, a consumer injured by a violation of sections 325F.68 to 325F.70 in connection with a sale of merchandise for personal, family, household, or agricultural purposes may bring a civil action and recover damages, together with costs and disbursements, including costs of investigation and reasonable attorney fees, and receive other equitable relief as determined by the court.  An action brought under this section benefits the public.


Journal of the House - 58th Day - Thursday, April 27, 2023 - Top of Page 7150

(b) For the purposes of this subdivision:

 

(1) "consumer" means a natural person or family farmer;

 

(2) "family farmer" means a person or persons operating a family farm; and

 

(3) "family farm" has the meaning given in section 116B.02, subdivision 6.

 

EFFECTIVE DATE.  This section is effective August 1, 2023, and applies to causes of action commenced on or after that date."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.

 

 

Fischer moved to amend S. F. No. 2744, the unofficial engrossment, as amended, as follows:

 

Page 163, after line 25, insert:

 

"(d) "Cybersecurity" means the practice of protecting networks, devices, and data from unauthorized access or criminal use and the practice of ensuring the confidentiality, integrity, and availability of information."

 

Renumber the paragraphs in sequence and correct the internal references

 

Page 169, delete lines 1 and 2 and insert:

 

"(f) Nothing in this section requires an original equipment manufacturer to make available parts, documentation, or tools related to cybersecurity, except as necessary for the repair or maintenance of equipment."

 

Amend the title accordingly

 

 

O'Driscoll moved to amend the Fischer amendment to S. F. No. 2744, the unofficial engrossment, as amended, as follows:

 

Page 1, line 10, before the period, insert ", unless the original equipment manufacturer determines this would create a cybersecurity risk"

 

 

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

 

 

      The question recurred on the Fischer amendment to S. F. No. 2744, the unofficial engrossment, as amended.  The motion prevailed and the amendment was adopted.

 

 

Perryman moved to amend S. F. No. 2744, the unofficial engrossment, as amended, as follows:

 

Page 167, after line 4, insert:


Journal of the House - 58th Day - Thursday, April 27, 2023 - Top of Page 7151

"Subd. 4.  Consumer digital repair rights disclosure.  An independent repair provider must, prior to repairing equipment, disclose to a consumer the information described in this subdivision.  The information must be disclosed in electronic format on their website, in written format upon request of the consumer, and by displaying the information in an area that is visible to all consumers.  An independent repair provider must require a consumer to acknowledge that they have been provided with or viewed the disclosure required by this subdivision.  The consumer digital repair rights disclosure must contain, at a minimum, information regarding:

 

(1) whether the independent repair provider is a manufacturer-authorized repair provider or otherwise an affiliated repair provider or parts distributor for the equipment;

 

(2) whether repairs performed by an unauthorized repair provider will or may impact the original equipment manufacturer's warranty on the equipment and that if damage to equipment is caused by nonbrand equipment or by a repair performed by a nonauthorized repair provider, that damage may not be covered by the manufacturer's warranty;

 

(3) whether the technician performing the repair is certified or has completed training to repair such equipment;

 

(4) whether parts used for the repair are produced by a company other than the original equipment manufacturer;

 

(5) that all consumer data will remain undisclosed during and after the repair process, that no consumer data will be retained upon completion of the repair and that certification will be provided after the repair that all customer data needed for the repair has been deleted and was not disclosed; and

 

(6) the total anticipated cost of the repair, including the itemized cost of parts and labor."

 

Renumber the subdivisions in sequence and correct internal references

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Perryman amendment and the roll was called.  There were 58 yeas and 71 nays as follows:

 

      Those who voted in the affirmative were:

 


Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Baker

Bennett

Bliss

Burkel

Daniels

Daudt

Davis

Demuth

Dotseth

Engen

Fogelman

Franson

Garofalo

Harder

Heintzeman

Hudson

Igo

Jacob

Johnson

Joy

Knudsen

Koznick

Kresha

McDonald

Mekeland

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, N.

Neu Brindley

Niska

Novotny

O'Driscoll

Olson, B.

O'Neill

Perryman

Petersburg

Pfarr

Quam

Robbins

Schomacker

Schultz

Scott

Skraba

Swedzinski

Torkelson

Urdahl

West

Wiener

Wiens

Witte

Zeleznikar


 

      Those who voted in the negative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bierman

Brand

Carroll

Cha

Clardy

Coulter

Curran

Edelson

Elkins

Feist

Finke

Fischer

Frazier

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins


Journal of the House - 58th Day - Thursday, April 27, 2023 - Top of Page 7152

Hornstein

Howard

Hudella

Huot

Hussein

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Kozlowski

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Moller

Nelson, M.

Newton

Noor

Norris

Olson, L.

Pelowski

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Richardson

Sencer-Mura

Smith

Stephenson

Tabke

Vang

Wolgamott

Xiong

Youakim

Spk. Hortman


 

 

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

 

 

Pfarr moved to amend S. F. No. 2744, the unofficial engrossment, as amended, as follows:

 

Page 92, after line 2, insert:

 

"EFFECTIVE DATE.  To ensure parity with national banks this section is not effective until August 1 following the date that national banks of the same asset size are required by the Office of the Comptroller of the Currency to complete a climate risk disclosure survey.  The commissioner of commerce shall notify the revisor of statutes when this occurs."

 

Page 92, after line 9, insert: 

 

"EFFECTIVE DATE.  To ensure parity with federally chartered credit unions this section is not effective until August 1 following the date that federally chartered credit unions of the same asset size are required by the National Credit Union Administration to complete a climate risk disclosure survey.  The commissioner of commerce shall notify the revisor of statutes when this occurs."

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Pfarr amendment and the roll was called.  There were 59 yeas and 69 nays as follows:

 

      Those who voted in the affirmative were:

 


Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Baker

Bennett

Bliss

Burkel

Daniels

Daudt

Davis

Demuth

Dotseth

Engen

Fogelman

Franson

Garofalo

Harder

Heintzeman

Hudella

Hudson

Igo

Jacob

Johnson

Joy

Knudsen

Koznick

Kresha

McDonald

Mekeland

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, N.

Neu Brindley

Niska

Novotny

O'Driscoll

Olson, B.

O'Neill

Perryman

Petersburg

Pfarr

Quam

Robbins

Schomacker

Schultz

Scott

Skraba

Swedzinski

Torkelson

Urdahl

West

Wiener

Wiens

Witte

Zeleznikar


 

      Those who voted in the negative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bierman

Brand

Carroll

Cha

Clardy

Coulter

Curran

Edelson

Elkins

Feist

Finke

Fischer

Frazier

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.


Journal of the House - 58th Day - Thursday, April 27, 2023 - Top of Page 7153

Hassan

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Huot

Hussein

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Kozlowski

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Moller

Nelson, M.

Newton

Noor

Norris

Olson, L.

Pelowski

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Sencer-Mura

Smith

Stephenson

Tabke

Vang

Wolgamott

Xiong

Youakim

Spk. Hortman


 

 

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

 

 

O'Driscoll moved to amend S. F. No. 2744, the unofficial engrossment, as amended, as follows:

 

Pages 17 to 30, delete sections 7 to 15

 

Page 83, delete section 67

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the O'Driscoll amendment and the roll was called.  There were 59 yeas and 68 nays as follows:

 

      Those who voted in the affirmative were:

 


Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Baker

Bennett

Bliss

Burkel

Daniels

Daudt

Davis

Demuth

Dotseth

Engen

Fogelman

Franson

Garofalo

Harder

Heintzeman

Hudella

Hudson

Igo

Jacob

Johnson

Joy

Knudsen

Koznick

Kresha

McDonald

Mekeland

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, N.

Neu Brindley

Niska

Novotny

O'Driscoll

Olson, B.

O'Neill

Perryman

Petersburg

Pfarr

Quam

Robbins

Schomacker

Schultz

Scott

Skraba

Swedzinski

Torkelson

Urdahl

West

Wiener

Wiens

Witte

Zeleznikar


 

      Those who voted in the negative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bierman

Brand

Carroll

Cha

Clardy

Coulter

Curran

Edelson

Feist

Finke

Fischer

Frazier

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Huot

Hussein

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Kozlowski

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Moller

Nelson, M.

Newton

Noor

Norris

Olson, L.

Pelowski

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Sencer-Mura

Smith

Stephenson

Tabke

Vang

Wolgamott

Xiong

Youakim

Spk. Hortman


 

 

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


Journal of the House - 58th Day - Thursday, April 27, 2023 - Top of Page 7154

Scott moved to amend S. F. No. 2744, the unofficial engrossment, as amended, as follows:

 

Page 175, line 8, delete "does not include" and insert "includes"

 

Page 177, delete lines 19 to 22

 

 

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

 

 

Neu Brindley moved to amend S. F. No. 2744, the unofficial engrossment, as amended, as follows:

 

Page 83, after line 24, insert:

 

"Sec. 67.  CONDITIONAL REPEALER.

 

Subdivision 1.  Study of drug prices.  The commissioner of health, in consultation with the commissioner of management and budget, shall study the effect of implementation of Minnesota Statutes, sections 62J.85 to 62J.95, on prescription drug prices in Minnesota.  Based on this study, the commissioner shall certify to the revisor of statutes and the legislature, by November 1, 2028, whether or not the implementation of Minnesota Statutes, sections 62J.85 to 62J.95, has resulted in a reduction in prescription drug prices in Minnesota.

 

Subd. 2.  Repealer.  Minnesota Statutes, sections 62J.85, 62J.86, 62J.87, 62J.88, 62J.89, 62J.90, 62J.91, 62J.92, 62J.93, 62J.94, and 62J.95, are repealed effective January 1, 2029, if the commissioner of health certifies to the revisor of statutes and the legislature under subdivision 1 that implementation of these sections has not resulted in a reduction in prescription drug prices in Minnesota."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Neu Brindley amendment and the roll was called.  There were 59 yeas and 68 nays as follows:

 

      Those who voted in the affirmative were:

 


Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Baker

Bennett

Bliss

Burkel

Daniels

Daudt

Davis

Demuth

Dotseth

Engen

Fogelman

Franson

Garofalo

Harder

Heintzeman

Hudella

Hudson

Igo

Jacob

Johnson

Joy

Knudsen

Koznick

Kresha

McDonald

Mekeland

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, N.

Neu Brindley

Niska

Novotny

O'Driscoll

Olson, B.

O'Neill

Perryman

Petersburg

Pfarr

Quam

Robbins

Schomacker

Schultz

Scott

Skraba

Swedzinski

Torkelson

Urdahl

West

Wiener

Wiens

Witte

Zeleznikar


 

      Those who voted in the negative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bierman

Brand

Carroll

Cha

Clardy

Coulter

Curran

Edelson

Elkins

Feist

Finke

Fischer

Frazier


Journal of the House - 58th Day - Thursday, April 27, 2023 - Top of Page 7155

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Huot

Hussein

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Kozlowski

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Moller

Nelson, M.

Newton

Noor

Norris

Olson, L.

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Sencer-Mura

Smith

Stephenson

Tabke

Vang

Wolgamott

Xiong

Youakim

Spk. Hortman


 

 

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

 

 

Neu Brindley moved to amend S. F. No. 2744, the unofficial engrossment, as amended, as follows:

 

Page 39, line 17, delete "January" and insert "February"

 

Page 41, line 15, delete "January" and insert "February"

 

Page 83, after line 24, insert:

 

"Sec. 67.  CONDITIONAL EFFECTIVE DATE.

 

Subdivision 1.  Study of Prescription Drug Affordability Board.  The legislative auditor shall study the effect of sections 29 to 39 on access to prescription drugs in Minnesota and the development of new prescription drugs, and shall report findings to the legislature and the revisor of statutes by December 1, 2023.

 

Subd. 2.  Effective date.  Sections 29 to 39 are effective January 1, 2024, only if the legislative auditor, after conducting the study required by subdivision 1, has certified to the legislature and the revisor of statutes that implementation of those sections will not limit access to prescription drugs in Minnesota and the development of new prescription drugs."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Neu Brindley amendment and the roll was called.  There were 59 yeas and 69 nays as follows:

 

      Those who voted in the affirmative were:

 


Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Baker

Bennett

Bliss

Burkel

Daniels

Daudt

Davis

Demuth

Dotseth

Engen

Fogelman

Franson

Garofalo

Harder

Heintzeman

Hudella

Hudson

Igo

Jacob

Johnson

Joy

Knudsen

Koznick

Kresha

McDonald

Mekeland

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, N.

Neu Brindley

Niska

Novotny

O'Driscoll

Olson, B.

O'Neill

Perryman

Petersburg

Pfarr

Quam

Robbins

Schomacker

Schultz

Scott

Skraba

Swedzinski

Torkelson

Urdahl

West

Wiener

Wiens

Witte

Zeleznikar



Journal of the House - 58th Day - Thursday, April 27, 2023 - Top of Page 7156

           Those who voted in the negative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bierman

Brand

Carroll

Cha

Clardy

Coulter

Curran

Edelson

Elkins

Feist

Finke

Fischer

Frazier

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Huot

Hussein

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Kozlowski

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Moller

Nelson, M.

Newton

Noor

Norris

Olson, L.

Pelowski

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Sencer-Mura

Smith

Stephenson

Tabke

Vang

Wolgamott

Xiong

Youakim

Spk. Hortman


 

 

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

 

 

Daudt moved to amend S. F. No. 2744, the unofficial engrossment, as amended, as follows:

 

Page 10, line 11, before "$275,775,000" insert "(a)"

 

Page 10, after line 13, insert:

 

"(b) By March 1, 2024, the Minnesota Comprehensive Health Association shall submit a report to the commissioner of commerce and the chairs and ranking minority members of the Legislative Committees with jurisdiction over health and insurance reviewing the overall impact that the Minnesota Premium Insurance Program has had on individual health insurance premiums and health care costs in this state.

 

EFFECTIVE DATE.  The transfer in paragraph (a) is contingent upon the report required under paragraph (b) concluding that the Minnesota Premium Insurance Program has not decreased individual health insurance premiums or health care costs in this state.  The commissioner of commerce shall notify the revisor of statutes upon receipt of the report required under paragraph (b)."

 

 

Stephenson moved to amend the Daudt amendment to S. F. No. 2744, the unofficial engrossment, as amended, as follows:

 

Page 1, delete lines 9 to 13

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Stephenson amendment to the Daudt amendment and the roll was called.  There were 69 yeas and 59 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bierman

Brand

Carroll

Cha

Clardy

Coulter

Curran

Edelson

Elkins

Feist

Finke

Fischer

Frazier


Journal of the House - 58th Day - Thursday, April 27, 2023 - Top of Page 7157

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Huot

Hussein

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Kozlowski

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Moller

Nelson, M.

Newton

Noor

Norris

Olson, L.

Pelowski

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Sencer-Mura

Smith

Stephenson

Tabke

Vang

Wolgamott

Xiong

Youakim

Spk. Hortman


 

      Those who voted in the negative were:

 


Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Baker

Bennett

Bliss

Burkel

Daniels

Daudt

Davis

Demuth

Dotseth

Engen

Fogelman

Franson

Garofalo

Harder

Heintzeman

Hudella

Hudson

Igo

Jacob

Johnson

Joy

Knudsen

Koznick

Kresha

McDonald

Mekeland

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, N.

Neu Brindley

Niska

Novotny

O'Driscoll

Olson, B.

O'Neill

Perryman

Petersburg

Pfarr

Quam

Robbins

Schomacker

Schultz

Scott

Skraba

Swedzinski

Torkelson

Urdahl

West

Wiener

Wiens

Witte

Zeleznikar


 

 

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

 

 

      The question recurred on the Daudt amendment, as amended, to S. F. No. 2744, the unofficial engrossment, as amended.  The motion prevailed and the amendment, as amended, was adopted.

 

 

O'Driscoll moved to amend S. F. No. 2744, the unofficial engrossment, as amended, as follows:

 

Page 69, delete section 58

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

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

 

      Those who voted in the affirmative were:

 


Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Baker

Bennett

Burkel

Daniels

Daudt

Davis

Demuth

Dotseth

Engen

Franson

Garofalo

Harder

Heintzeman

Hudella

Hudson

Igo

Jacob

Johnson

Joy

Knudsen

Koznick

Kresha

McDonald

Mekeland

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, N.

Neu Brindley

Niska

Novotny

O'Driscoll

Olson, B.

O'Neill

Perryman

Petersburg

Pfarr

Quam

Robbins

Schomacker

Schultz

Scott

Skraba

Swedzinski

Torkelson

Urdahl

West

Wiener

Wiens

Witte

Zeleznikar



Journal of the House - 58th Day - Thursday, April 27, 2023 - Top of Page 7158

           Those who voted in the negative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bierman

Brand

Carroll

Cha

Clardy

Coulter

Curran

Edelson

Elkins

Feist

Finke

Fischer

Frazier

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Huot

Hussein

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Kozlowski

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Moller

Nelson, M.

Newton

Noor

Norris

Olson, L.

Pelowski

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Sencer-Mura

Smith

Stephenson

Tabke

Vang

Wolgamott

Xiong

Youakim

Spk. Hortman


 

 

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

 

 

Daudt moved to amend S. F. No. 2744, the unofficial engrossment, as amended, as follows:

 

Page 11, delete section 2

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Daudt amendment and the roll was called.  There were 58 yeas and 68 nays as follows:

 

      Those who voted in the affirmative were:

 


Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Baker

Bennett

Bliss

Burkel

Daniels

Daudt

Davis

Demuth

Dotseth

Engen

Fogelman

Franson

Harder

Heintzeman

Hudella

Hudson

Igo

Jacob

Johnson

Joy

Knudsen

Koznick

Kresha

McDonald

Mekeland

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, N.

Neu Brindley

Niska

Novotny

O'Driscoll

Olson, B.

O'Neill

Perryman

Petersburg

Pfarr

Quam

Robbins

Schomacker

Schultz

Scott

Skraba

Swedzinski

Torkelson

Urdahl

West

Wiener

Wiens

Witte

Zeleznikar


 

      Those who voted in the negative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bierman

Brand

Carroll

Cha

Clardy

Coulter

Curran

Edelson

Elkins

Feist

Finke

Fischer

Frazier

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Huot

Hussein

Jordan

Keeler


Journal of the House - 58th Day - Thursday, April 27, 2023 - Top of Page 7159

Klevorn

Koegel

Kotyza-Witthuhn

Kozlowski

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Moller

Nelson, M.

Newton

Noor

Norris

Olson, L.

Pelowski

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Sencer-Mura

Smith

Stephenson

Tabke

Vang

Xiong

Youakim

Spk. Hortman


 

 

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

 

 

      McDonald was excused between the hours of 2:50 p.m. and 7:25 p.m.

 

 

S. F. No. 2744, A bill for an act relating to commerce; establishing a biennial budget for Department of Commerce; modifying various provisions governing insurance; regulating virtual currency activities; providing for reports relating to retail sales of intermediate blends of gasoline and biofuel; prohibiting excessive price increases by pharmaceutical manufacturers; establishing a Prescription Drug Affordability Board; establishing a student loan advocate position; regulating money transmitters; making technical changes; establishing penalties; authorizing administrative rulemaking; requiring reports; appropriating money; transferring money; amending Minnesota Statutes 2022, sections 46.131, subdivision 11; 60A.14, subdivision 1; 62A.152, subdivision 3; 62D.02, by adding a subdivision; 62D.095, subdivisions 2, 3, 4, 5; 62K.10, subdivision 4; 62Q.19, subdivision 1; 62Q.46, subdivisions 1, 3; 62Q.47; 62Q.81, subdivision 4, by adding a subdivision; 151.071, subdivisions 1, 2; 239.791, subdivision 8; 256B.0631, subdivision 1; 256L.03, subdivision 5; Laws 2022, chapter 93, article 1, section 2, subdivision 5; proposing coding for new law in Minnesota Statutes, chapters 53B; 58B; 62J; 62Q; 62W; repealing Minnesota Statutes 2022, sections 53B.01; 53B.02; 53B.03; 53B.04; 53B.05; 53B.06; 53B.07; 53B.08; 53B.09; 53B.10; 53B.11; 53B.12; 53B.13; 53B.14; 53B.15; 53B.16; 53B.17; 53B.18; 53B.19; 53B.20; 53B.21; 53B.22; 53B.23; 53B.24; 53B.25; 53B.26; 53B.27, subdivisions 1, 2, 5, 6, 7.

 

 

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

 

      The question was taken on the passage of the bill and the roll was called.  There were 70 yeas and 58 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bierman

Brand

Carroll

Cha

Clardy

Coulter

Curran

Edelson

Elkins

Feist

Finke

Fischer

Frazier

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Huot

Hussein

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Kozlowski

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Moller

Nelson, M.

Newton

Noor

Norris

Olson, L.

Pelowski

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Richardson

Sencer-Mura

Smith

Stephenson

Tabke

Vang

Wolgamott

Xiong

Youakim

Spk. Hortman


 

      Those who voted in the negative were:

 


Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Baker

Bennett

Bliss

Burkel

Daniels

Daudt

Davis

Demuth

Dotseth

Engen

Fogelman

Franson

Garofalo

Harder


Journal of the House - 58th Day - Thursday, April 27, 2023 - Top of Page 7160

Heintzeman

Hudella

Hudson

Igo

Jacob

Johnson

Joy

Knudsen

Koznick

Kresha

Mekeland

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, N.

Neu Brindley

Niska

Novotny

O'Driscoll

Olson, B.

O'Neill

Perryman

Petersburg

Pfarr

Quam

Robbins

Schomacker

Schultz

Scott

Skraba

Swedzinski

Torkelson

Urdahl

West

Wiener

Wiens

Witte

Zeleznikar


 

 

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

 

 

      H. F. No. 1938 was reported to the House.

 

 

Gomez moved to amend H. F. No. 1938, the second engrossment, as follows:

 

Page 27, line 1, before "the" insert "one-half of"

 

Page 36, line 26, delete "$1,175" and insert "$1,275"

 

Page 36, line 31, delete "$35,000" and insert "$36,000"

 

Page 197, line 4, delete "$2,194,000" and insert "$3,944,000" and delete "$2,193,000" and insert "$3,943,000"

 

Page 197, line 23, delete "$2,671,000" and insert "$2,571,000"

 

 

      The motion prevailed and the amendment was adopted.

 

 

Engen moved to amend H. F. No. 1938, the second engrossment, as amended, as follows:

 

Page 14, after line 26, insert:

 

"(f) Notwithstanding the $24,950,000 limit on allocation certificates in paragraph (c), the sum of the increase in fiscal years 2024 and 2025 in the amount of credits claimed relative to the February 2023 forecast base due to the changes to the limit in that paragraph in this act may not exceed $4,630,000.  The commissioner must adjust the amount of allocation certificates issued under paragraph (c) for purposes of complying with this paragraph."

 

Page 135, after line 8, insert:

 

"Sec. 6.  Minnesota Statutes 2022, section 297A.67, subdivision 9, is amended to read:

 

Subd. 9.  Baby products.  Breast pumps, baby bottles and nipples, pacifiers, teething rings, and infant syringes, baby wipes, cribs and bassinets, crib and bassinet mattresses, crib and bassinet sheets, changing tables, changing pads, strollers, car seats and car seat bases, baby swings, bottle sterilizers, and infant eating utensils are exempt.

 

EFFECTIVE DATE.  This section is effective for sales and purchases made after June 30, 2023."


Journal of the House - 58th Day - Thursday, April 27, 2023 - Top of Page 7161

Page 142, after line 5, insert:

 

"Sec. 12.  SALES TAX HOLIDAY; SCHOOL SUPPLIES.

 

(a) The tax imposed under Minnesota Statutes, chapter 297A, may not be collected during the period from 12:01 a.m. on August 15, 2023, through 11:59 p.m. on August 21, 2023, on the retail sale of the following:

 

(1) book bags having a retail price of $60 or less; and

 

(2) school supplies having a retail price of $15 or less per item.

 

(b) For the purposes of this section, "school supplies" includes binders, calculators, cellophane tape, blackboard chalk, compasses, composition books, crayons, erasers, folders, glue, paste, glue sticks, highlighters, index cards, index card boxes, legal pads, lunch boxes, markers, notebooks, poster board, construction paper, graph paper, tracing paper, manila paper, copy paper, loose-leaf ruled paper, colored paper, pencil boxes, school supply boxes, pencil sharpeners, pencils, pens, protractors, rulers, scissors, and writing tablets.

 

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

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

Engen moved to amend the Engen amendment to H. F. No. 1938, the second engrossment, as amended, as follows:

 

Page 1, line 6, delete "$4,630,000" and insert "$14,040,000"

 

 

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

 

 

      The question recurred on the Engen amendment, as amended, to H. F. No. 1938, the second engrossment, as amended.  The motion prevailed and the amendment, as amended, was adopted.

 

 

Olson, B., moved to amend H. F. No. 1938, the second engrossment, as amended, as follows:

 

Page 27, after line 26, insert:

 

"(k) If, on the basis of a November forecast of general fund revenues and expenditures, the commissioner of management and budget determines that there will be a positive unrestricted budgetary general fund balance at the close of the biennium, the commissioner of revenue must increase the phaseout thresholds under paragraph (c) and section 290.0132, subdivision 35, paragraph (b), by the maximum amount possible within the biennium within the budget forecast.  The commissioner of revenue must continue to make increases under this paragraph until the surplus is sufficient to allow an unlimited subtraction for all taxpayers.  The commissioner of revenue must increase the phaseout thresholds under this section proportionally for all filing statuses.  The phaseout thresholds under this subdivision and subdivision 35, paragraph (b), must be equal for all filing statuses.  Increases under this section are effective for taxable years beginning in the calendar year following the November forecast.  The base amount for adjustments under paragraph (j) and subdivision 35, paragraph (d), must equal the increased amounts under this paragraph, and the statutory year for future adjustments under those paragraphs is the calendar year following the November forecast.  Any increases under this paragraph must be calculated after the items listed in section 16A.152, subdivision 2."

 

 

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


Journal of the House - 58th Day - Thursday, April 27, 2023 - Top of Page 7162

Anderson, P. E., moved to amend H. F. No. 1938, the second engrossment, as amended, as follows:

 

Page 253, delete sections 13 and 14 and insert:

 

"Sec. 13.  Minnesota Statutes 2022, section 349.151, subdivision 4d, is amended to read:

 

Subd. 4d.  Electronic pull-tab devices and electronic pull-tab game system.  (a) The board may adopt rules it deems necessary to ensure the integrity of electronic pull-tab devices, the electronic pull-tab games played on the devices, and the electronic pull-tab game system necessary to operate them.

 

(b) The board may not require an organization to use electronic pull-tab devices.

 

(c) Before authorizing the lease or sale of electronic pull-tab devices and the electronic pull-tab game system, the board shall examine electronic pull-tab devices allowed under section 349.12, subdivision 12b.  The board may contract for the examination of the game system and electronic pull-tab devices and may require a working model to be transported to locations the board designates for testing, examination, and analysis.  The manufacturer must pay all costs of any testing, examination, analysis, and transportation of the model.  The system must be approved by the board before its use in the state and must have the capability to permit the board to electronically monitor its operation and internal accounting systems.

 

(d) The board may require a manufacturer to submit a certificate from an independent testing laboratory approved by the board to perform testing services, stating that the equipment has been tested, analyzed, and meets the standards required in this chapter and any applicable board rules.

 

(e) The board, or the director if authorized by the board, may require the deactivation of an electronic pull-tab device for violation of a law or rule and to implement any other controls deemed necessary to ensure and maintain the integrity of electronic pull-tab devices and the electronic pull-tab games played on the devices.

 

(f) The board may not deactivate or prohibit the use, lease, or sale of an authorized or approved electronic pull‑tab device, electronic pull-tab game, or electronic pull-tab game system provided the electronic pull-tab device, electronic pull-tab game, or electronic pull-tab game system continues to meet the standards required in this chapter and any applicable board rules that were in effect at the time of approval or authorization unless the legislature, by law, requires that an electronic pull-tab device, electronic pull-tab game, or electronic pull-tab game system comply with rules adopted after the date of approval or authorization.

 

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

 

Sec. 14.  Minnesota Statutes 2022, section 349.1721, subdivision 1, is amended to read:

 

Subdivision 1.  Cumulative or carryover games.  The board shall by rule permit pull-tab games with multiple seals.  The board shall also adopt rules for pull-tab games with cumulative or carryover prizes.  The rules shall also apply to electronic pull-tab games.  Electronic pull-tab games are subject to the rules in effect at the time the electronic pull-tab game was approved or authorized unless the legislature, by law, requires that an electronic pull‑tab game comply with rules adopted after the date of approval or authorization.

 

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

 

Sec. 15.  Minnesota Statutes 2022, section 349.1721, subdivision 2, is amended to read:

 

Subd. 2.  Event games.  The board shall by rule permit pull-tab games in which certain winners are determined by the random selection of one or more bingo numbers or by another method approved by the board.  The rules shall also apply to electronic pull-tab games.  Electronic pull-tab games are subject to the rules in effect at the time the electronic pull-tab game was approved or authorized unless the legislature, by law, requires that an electronic pull‑tab game comply with rules adopted after the date of approval or authorization.

 

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


Journal of the House - 58th Day - Thursday, April 27, 2023 - Top of Page 7163

Page 254, delete section 15

 

Page 255, delete section 16

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Anderson, P. E., amendment and the roll was called.  There were 64 yeas and 64 nays as follows:

 

      Those who voted in the affirmative were:

 


Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Baker

Bennett

Bliss

Brand

Burkel

Daniels

Daudt

Davis

Demuth

Dotseth

Engen

Fogelman

Franson

Garofalo

Harder

Heintzeman

Hill

Hudella

Hudson

Igo

Jacob

Johnson

Joy

Knudsen

Koznick

Kresha

Lislegard

Mekeland

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, N.

Neu Brindley

Niska

Norris

Novotny

O'Driscoll

Olson, B.

O'Neill

Pelowski

Perryman

Petersburg

Pfarr

Quam

Robbins

Schomacker

Schultz

Scott

Skraba

Swedzinski

Torkelson

Urdahl

West

Wiener

Wiens

Witte

Wolgamott

Zeleznikar


 

      Those who voted in the negative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bierman

Carroll

Cha

Clardy

Coulter

Curran

Edelson

Elkins

Feist

Finke

Fischer

Frazier

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hemmingsen-Jaeger

Her

Hicks

Hollins

Hornstein

Howard

Huot

Hussein

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Kozlowski

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Long

Moller

Nelson, M.

Newton

Noor

Olson, L.

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Richardson

Sencer-Mura

Smith

Stephenson

Tabke

Vang

Xiong

Youakim

Spk. Hortman


 

 

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

 

 

Robbins moved to amend H. F. No. 1938, the second engrossment, as amended, as follows:

 

Page 13, delete sections 6 and 7

 

Page 14, delete section 8

 

Page 25, after line 2, insert: 

 

"Sec. 17.  Minnesota Statutes 2022, section 290.0121, subdivision 1, is amended to read:


Journal of the House - 58th Day - Thursday, April 27, 2023 - Top of Page 7164

Subdivision 1.  Exemption amount.  (a) A taxpayer's dependent exemption equals:

 

(1) the exemption amount multiplied by the number of individuals who are dependents, as defined in sections 151 and 152 of the Internal Revenue Code, of the taxpayer for the taxable year; minus

 

(2) the disallowed exemption amount under subdivision 2, but the remainder may not be less than zero.

 

(b) The exemption amount equals $4,250.

 

(c) For taxable years beginning after December 31, 2022, and before January 1, 2025, the commissioner of revenue must increase the exemption amount under paragraph (b), as adjusted for inflation under subdivision 3, by the amount necessary to reduce revenues by $18,600,000 relative to the February 2023 forecast for the fiscal year 2024-2025 biennium.

 

(d) For taxable years beginning after December 31, 2024, and before January 1, 2027, the commissioner of revenue must increase the exemption amount under paragraph (b), as adjusted for inflation under subdivision 3, by the amount necessary to reduce revenues by $25,700,000 relative to the February 2023 forecast for the fiscal year 2026-2027 biennium.  Adjustments under subdivision 3 for taxable years beginning after December 31, 2026, must be calculated using the adjusted amounts under this paragraph as the base year.  The statutory year for those adjustments is taxable year 2026."

 

Page 32, delete section 29

 

Page 54, delete section 44

 

Page 238, delete lines 13 to 16

 

Reletter the paragraphs in sequence

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

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

 

      Those who voted in the affirmative were:

 


Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Baker

Bennett

Bliss

Burkel

Daniels

Daudt

Davis

Demuth

Dotseth

Engen

Fogelman

Franson

Garofalo

Harder

Heintzeman

Hudella

Hudson

Igo

Jacob

Johnson

Joy

Knudsen

Koznick

Kresha

Mekeland

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, N.

Neu Brindley

Niska

Novotny

O'Driscoll

Olson, B.

O'Neill

Perryman

Petersburg

Pfarr

Quam

Robbins

Schomacker

Schultz

Scott

Skraba

Swedzinski

Torkelson

Urdahl

West

Wiener

Wiens

Witte

Zeleznikar



Journal of the House - 58th Day - Thursday, April 27, 2023 - Top of Page 7165

           Those who voted in the negative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bierman

Brand

Carroll

Cha

Clardy

Coulter

Curran

Edelson

Elkins

Feist

Fischer

Frazier

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Huot

Hussein

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Kozlowski

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Moller

Nelson, M.

Newton

Noor

Norris

Olson, L.

Pelowski

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Richardson

Sencer-Mura

Smith

Stephenson

Tabke

Vang

Wolgamott

Xiong

Youakim

Spk. Hortman


 

 

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

 

 

      Finke was excused between the hours of 4:35 p.m. and 7:00 p.m.

 

 

Koznick moved to amend H. F. No. 1938, the second engrossment, as amended, as follows:

 

Page 13, delete sections 6 and 7

 

Page 14, delete section 8

 

Page 32, delete section 29

 

Page 35, after line 21, insert:

 

"(i) For taxable years beginning after December 31, 2022, and before January 1, 2025, the commissioner must increase the phaseout thresholds in paragraph (h), as adjusted for inflation under subdivision 2b, by the amount necessary to reduce revenues by $18,600,000 relative to the February 2023 forecast for the fiscal year 2024-2025 biennium.

 

(j) For taxable years beginning after December 31, 2024, and before January 1, 2027, the commissioner must increase the phaseout thresholds in paragraph (h), as adjusted for inflation under subdivision 2b, by amount necessary to reduce revenues by $25,700,000 relative to the February 2023 forecast for the fiscal year 2026-2027 biennium.  Adjustments under subdivision 2b for taxable years beginning after December 31, 2026, must be calculated using the adjusted amounts under this paragraph as the base year.  The statutory year for those adjustments is taxable year 2026."

 

Page 54, delete section 44

 

Page 238, delete lines 13 to 16

 

Reletter the paragraphs in sequence

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.


Journal of the House - 58th Day - Thursday, April 27, 2023 - Top of Page 7166

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

 

      Those who voted in the affirmative were:

 


Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Baker

Bennett

Bliss

Burkel

Daniels

Daudt

Davis

Demuth

Dotseth

Engen

Fogelman

Franson

Garofalo

Harder

Heintzeman

Hudella

Hudson

Igo

Jacob

Johnson

Joy

Knudsen

Koznick

Kresha

Mekeland

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, N.

Neu Brindley

Niska

Novotny

O'Driscoll

Olson, B.

O'Neill

Perryman

Petersburg

Pfarr

Quam

Robbins

Schomacker

Schultz

Scott

Skraba

Swedzinski

Torkelson

Urdahl

West

Wiener

Wiens

Witte

Zeleznikar


 

      Those who voted in the negative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bierman

Brand

Carroll

Cha

Clardy

Coulter

Curran

Edelson

Elkins

Feist

Fischer

Frazier

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Huot

Hussein

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Kozlowski

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Moller

Nelson, M.

Newton

Noor

Norris

Olson, L.

Pelowski

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Richardson

Sencer-Mura

Smith

Stephenson

Tabke

Vang

Wolgamott

Xiong

Youakim

Spk. Hortman


 

 

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

 

 

      Frazier and Niska were excused for the remainder of today's session.

 

 

Witte moved to amend H. F. No. 1938, the second engrossment, as amended, as follows:

 

Page 13, delete sections 6 and 7

 

Page 14, delete section 8

 

Page 32, delete section 29

 

Page 54, delete section 44

 

Page 105, line 15, before "A" insert "(a)"

 

Page 106, after line 37, insert:

 

"(b) For refunds based on property taxes payable in 2024, the commissioner of revenue must increase the $135,410 income limitation in paragraph (a), as adjusted for inflation under subdivision 4, by the amount necessary to increase refunds by an additional $18,600,000 relative to the February 2023 forecast for the fiscal year 2024-2025 biennium.


Journal of the House - 58th Day - Thursday, April 27, 2023 - Top of Page 7167

(c) For refunds based on property taxes payable in 2025 and 2026, the commissioner of revenue must increase the $135,410 income limitation in paragraph (a), as adjusted for inflation under subdivision 4, by the amount necessary to increase refunds by an additional $25,700,000 relative to the February 2023 forecast for the fiscal year 2026-2027 biennium.  Adjustments under subdivision 4 for property taxes payable in 2027 and later must be calculated using the adjusted amount under this paragraph as the base year.  The statutory year for those adjustments is 2025."

 

Page 238, delete lines 13 to 16

 

Reletter the paragraphs in sequence

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Witte amendment and the roll was called.  There were 57 yeas and 68 nays as follows:

 

      Those who voted in the affirmative were:

 


Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Baker

Bennett

Bliss

Burkel

Daniels

Daudt

Davis

Demuth

Dotseth

Engen

Fogelman

Franson

Garofalo

Harder

Heintzeman

Hudella

Hudson

Igo

Jacob

Johnson

Joy

Knudsen

Koznick

Kresha

Mekeland

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, N.

Neu Brindley

Novotny

O'Driscoll

Olson, B.

O'Neill

Perryman

Petersburg

Pfarr

Quam

Robbins

Schomacker

Schultz

Scott

Skraba

Swedzinski

Torkelson

Urdahl

West

Wiener

Wiens

Witte

Zeleznikar


 

      Those who voted in the negative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bierman

Brand

Carroll

Cha

Clardy

Coulter

Curran

Edelson

Elkins

Feist

Fischer

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Huot

Hussein

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Kozlowski

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Moller

Nelson, M.

Newton

Noor

Norris

Olson, L.

Pelowski

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Richardson

Sencer-Mura

Smith

Stephenson

Tabke

Vang

Wolgamott

Xiong

Youakim

Spk. Hortman


 

 

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

 

 

Witte moved to amend H. F. No. 1938, the second engrossment, as amended, as follows:

 

Page 127, after line 31, insert:


Journal of the House - 58th Day - Thursday, April 27, 2023 - Top of Page 7168

"Sec. 23.  [477A.40] LOCAL PUBLIC SAFETY AID.

 

Subdivision 1.  Purpose.  The purpose of this section is to help local units of government ensure that first responders are receiving mental health care.

 

Subd. 2.  Definitions.  For the purposes of this section, the following terms have the meanings given:

 

(1) "firefighter" means a firefighter employed full-time by a fire department and licensed by the Board of Firefighter Training and Education;

 

(2) "local unit of government" means a statutory or home rule charter city that employs its own law enforcement agency, or a county;

 

(3) "peace officer" means a peace officer that is (i) employed by a local unit of government's law enforcement agency or by a joint municipal police department which a local unit of government has entered into, and (ii) licensed by the Minnesota Board of Peace Officer Standards and Training; and

 

(4) "public safety count" means the total number of peace officers and firefighters employed by a local unit of government.

 

Subd. 3.  Distribution.  Each local unit of government shall receive an annual distribution equal to the product of:

 

(1) the local unit of government's public safety count divided by the public safety count of all local units of government; multiplied by

 

(2) the total amount appropriated to local public safety aid under this section.

 

Subd. 4.  Qualifying programs.  For the purposes of this section, qualifying programs must provide at least one hour of mental health services every six months for any peace officers and firefighters employed by a local unit of government.

 

Subd. 5.  Use of proceeds.  (a) Any funds distributed under this section must be spent on qualifying programs that serve peace officers and firefighters employed by the local unit of government.

 

(b) Any unspent funds must be returned to the commissioner of revenue by December 31 in the second year following the year the aid was received.

 

Subd. 6.  Administration.  (a) The commissioner of revenue must compute the amount of aid payable to each city and county under this section.  By August 1 of each year, the commissioner must certify the amount to be paid to each county and city in the following calendar year.  The commissioner must pay the aid under this section annually at the times provided in section 477A.015.

 

(b) Local units of government may choose not to spend all or a portion of the distribution under this section.  Any unspent funds returned to the commissioner of revenue must be added to the overall distribution of aids certified under this section in the following year.

 

Subd. 7.  Appropriation.  $30,000,000 in fiscal year 2024 is appropriated from the general fund to the commissioner of revenue to make payments required under this section.

 

EFFECTIVE DATE.  This section is effective beginning with aids payable in calendar year 2024."

 

Page 268, delete section 34

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly


Journal of the House - 58th Day - Thursday, April 27, 2023 - Top of Page 7169

           A roll call was requested and properly seconded.

 

 

      The question was taken on the Witte amendment and the roll was called.  There were 59 yeas and 66 nays as follows:

 

      Those who voted in the affirmative were:

 


Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Baker

Bennett

Bliss

Burkel

Daniels

Daudt

Davis

Demuth

Dotseth

Engen

Fogelman

Franson

Garofalo

Harder

Heintzeman

Hudella

Hudson

Igo

Jacob

Johnson

Joy

Knudsen

Koznick

Kresha

Mekeland

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, N.

Neu Brindley

Novotny

O'Driscoll

Olson, B.

O'Neill

Perryman

Petersburg

Pfarr

Quam

Robbins

Schomacker

Schultz

Scott

Skraba

Stephenson

Swedzinski

Torkelson

Urdahl

West

Wiener

Wiens

Witte

Wolgamott

Zeleznikar


 

      Those who voted in the negative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bierman

Brand

Carroll

Cha

Clardy

Coulter

Curran

Edelson

Elkins

Feist

Fischer

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Huot

Hussein

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Kozlowski

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Moller

Nelson, M.

Newton

Noor

Norris

Olson, L.

Pelowski

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Richardson

Sencer-Mura

Smith

Tabke

Vang

Xiong

Youakim

Spk. Hortman


 

 

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

 

 

Quam moved to amend H. F. No. 1938, the second engrossment, as amended, as follows:

 

Page 69, after line 27, insert:

 

"Sec. 5.  Minnesota Statutes 2022, section 273.11, is amended by adding a subdivision to read:

 

Subd. 1b.  Limited market value.  (a) In determining the market value of all property defined in section 273.13, the county assessor shall value property as determined under paragraph (b).

 

(b) Beginning with assessment year 2024, and each assessment year thereafter, the market value of a property defined in section 273.13 shall be the average of the market value of the property as determined for the current assessment year, and the four preceding assessment years.

 

(c) Notwithstanding any law to the contrary, for purposes of determining the net tax capacity of a property and for all other purposes for which a property's market value is used, the market value as determined under this section shall be used.

 

(d) If a property is sold, it must not be subject to the limits under this section for four assessment years following the sale.


Journal of the House - 58th Day - Thursday, April 27, 2023 - Top of Page 7170

EFFECTIVE DATE.  This section is effective beginning with assessment year 2024 and thereafter.

 

Sec. 6.  Minnesota Statutes 2022, section 273.11, subdivision 5, is amended to read:

 

Subd. 5.  Boards of review and equalization.  Notwithstanding any other provision of law to the contrary, the limitation contained in subdivisions 1 and 1a 1b shall also apply to the authority of the local board of review as provided in section 274.01, the county board of equalization as provided in section 274.13, the State Board of Equalization and the commissioner of revenue as provided in sections 270.11, subdivision 1, 270.12, 270C.92, and 270C.94.

 

EFFECTIVE DATE.  This section is effective beginning with assessment year 2024 and thereafter."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

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

 

 

Zeleznikar moved to amend H. F. No. 1938, the second engrossment, as amended, as follows:

 

Page 268, delete section 34

 

Page 269, after line 15, insert:

 

"Sec. 37.  APPROPRIATION; NURSING FACILITY GRANTS.

 

(a) $30,000,000 in fiscal year 2024 is appropriated from the general fund to the commissioner of revenue for grants to nursing facilities.  This is a onetime appropriation.

 

(b) To be eligible to receive a grant under this section, a nursing facility must apply to the commissioner on the forms and according to the timelines established by the commissioner.  The commissioner must develop an expedited application process that includes a form allowing applicants to meet the requirements of this section in as timely a manner as possible.  The commissioner must allow the use of electronic submission of application forms and accept electronic signatures.

 

(c) An eligible nursing facility must receive a grant in an amount equal to half of the facility's estimated lost revenue from March 15, 2020, to January 31, 2022.

 

(d) A nursing facility must attest to the commissioner that the grant money will be used to:

 

(1) pay down debt accrued from March 15, 2020, to January 31, 2022;

 

(2) pay for steps taken to mitigate the effects of the COVID-19 pandemic; or

 

(3) hire or retain staff.

 

(e) A nursing facility that receives a grant under this section must prepare, and submit to the commissioner upon request, a plan that specifies the total amount of grant money the facility expects to receive and how that money will be used to meet the requirements of paragraph (d).


Journal of the House - 58th Day - Thursday, April 27, 2023 - Top of Page 7171

(f) The commissioner must not treat grant money received under this section as an applicable credit for the purposes of setting total payment rates under Minnesota Statutes, chapter 256R."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

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

 

 

Koznick moved to amend H. F. No. 1938, the second engrossment, as amended, as follows:

 

Page 268, delete section 34

 

Page 269, after line 15, insert:

 

"Sec. 37.  APPROPRIATION; PAID LEAVE IMPLEMENTATION GRANTS.

 

$30,000,000 in fiscal year 2024 is appropriated from the general fund to the commissioner of revenue for grants under this section.  Employers with fewer than 50 employees may apply for a grant under this section, provided that the employer is required to provide paid family and medical leave benefits within the next three years.  The grants must be used to offset the costs of implementing a family and medical benefit insurance program.  Employers must submit applications by January 1, 2024, in the form and manner prescribed by the commissioner of revenue.  The commissioner of revenue must use the entire appropriation under this section and make payments to applicants no later than June 30, 2024.

 

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

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Koznick amendment and the roll was called.  There were 59 yeas and 66 nays as follows:

 

      Those who voted in the affirmative were:

 


Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Baker

Bennett

Bliss

Burkel

Daniels

Daudt

Davis

Demuth

Dotseth

Engen

Fogelman

Franson

Garofalo

Harder

Heintzeman

Hudella

Hudson

Igo

Jacob

Johnson

Joy

Knudsen

Koznick

Kresha

Lislegard

Mekeland

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, N.

Neu Brindley

Novotny

O'Driscoll

Olson, B.

O'Neill

Perryman

Petersburg

Pfarr

Quam

Robbins

Schomacker

Schultz

Scott

Skraba

Swedzinski

Torkelson

Urdahl

West

Wiener

Wiens

Witte

Wolgamott

Zeleznikar



Journal of the House - 58th Day - Thursday, April 27, 2023 - Top of Page 7172

           Those who voted in the negative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bierman

Brand

Carroll

Cha

Clardy

Coulter

Curran

Edelson

Elkins

Feist

Fischer

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Huot

Hussein

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Kozlowski

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Long

Moller

Nelson, M.

Newton

Noor

Norris

Olson, L.

Pelowski

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Richardson

Sencer-Mura

Smith

Stephenson

Tabke

Vang

Xiong

Youakim

Spk. Hortman


 

 

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

 

 

Robbins moved to amend H. F. No. 1938, the second engrossment, as amended, as follows:

 

Page 32, after line 11, insert:

 

"(g) Beginning with the forecast in November 2023, if, on the basis of a November forecast of general fund revenues and expenditures, the commissioner of management and budget determines that there will be a positive unrestricted budgetary general fund balance at the close of the biennium, the commissioner of revenue must reduce the 5.35 percent rate in paragraphs (a), (b), and (c) by the maximum amount possible within the biennium within the budget forecast.  A rate reduction under this paragraph carries forward to all following taxable years.  The commissioner of revenue must annually make reductions under this paragraph until the 5.35 percent rate is reduced to 2.8 percent.  Reductions under this paragraph are effective for taxable years beginning in the calendar year following the November forecast.  Reductions under this paragraph must be calculated after the items listed in section 16A.152, subdivision 2."

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Robbins amendment and the roll was called.  There were 57 yeas and 68 nays as follows:

 

      Those who voted in the affirmative were:

 


Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Baker

Bennett

Bliss

Burkel

Daniels

Daudt

Davis

Demuth

Dotseth

Engen

Fogelman

Franson

Garofalo

Harder

Heintzeman

Hudella

Hudson

Igo

Jacob

Johnson

Joy

Knudsen

Koznick

Kresha

Mekeland

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, N.

Neu Brindley

Novotny

O'Driscoll

Olson, B.

O'Neill

Perryman

Petersburg

Pfarr

Quam

Robbins

Schomacker

Schultz

Scott

Skraba

Swedzinski

Torkelson

Urdahl

West

Wiener

Wiens

Witte

Zeleznikar



Journal of the House - 58th Day - Thursday, April 27, 2023 - Top of Page 7173

           Those who voted in the negative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bierman

Brand

Carroll

Cha

Clardy

Coulter

Curran

Edelson

Elkins

Feist

Fischer

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Huot

Hussein

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Kozlowski

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Moller

Nelson, M.

Newton

Noor

Norris

Olson, L.

Pelowski

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Richardson

Sencer-Mura

Smith

Stephenson

Tabke

Vang

Wolgamott

Xiong

Youakim

Spk. Hortman


 

 

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

 

 

      Anderson, P. E., was excused for the remainder of today's session.

 

 

Hudson moved to amend H. F. No. 1938, the second engrossment, as amended, as follows:

 

Page 32, after line 11, insert:

 

"(g) For taxable years beginning after December 31, 2023, passage of any law to increase the rates under this subdivision requires the vote of at least two-thirds of the members of each house of the legislature."

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Hudson amendment and the roll was called.  There were 56 yeas and 68 nays as follows:

 

      Those who voted in the affirmative were:

 


Altendorf

Anderson, P. H.

Backer

Baker

Bennett

Bliss

Burkel

Daniels

Daudt

Davis

Demuth

Dotseth

Engen

Fogelman

Franson

Garofalo

Harder

Heintzeman

Hudella

Hudson

Igo

Jacob

Johnson

Joy

Knudsen

Koznick

Kresha

Mekeland

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, N.

Neu Brindley

Novotny

O'Driscoll

Olson, B.

O'Neill

Perryman

Petersburg

Pfarr

Quam

Robbins

Schomacker

Schultz

Scott

Skraba

Swedzinski

Torkelson

Urdahl

West

Wiener

Wiens

Witte

Zeleznikar


 

      Those who voted in the negative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bierman

Brand

Carroll

Cha

Clardy

Coulter

Curran

Edelson

Elkins

Feist

Fischer

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hemmingsen-Jaeger


Journal of the House - 58th Day - Thursday, April 27, 2023 - Top of Page 7174

Her

Hicks

Hill

Hollins

Hornstein

Howard

Huot

Hussein

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Kozlowski

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Moller

Nelson, M.

Newton

Noor

Norris

Olson, L.

Pelowski

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Richardson

Sencer-Mura

Smith

Stephenson

Tabke

Vang

Wolgamott

Xiong

Youakim

Spk. Hortman


 

 

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

 

 

Olson, B., moved to amend H. F. No. 1938, the second engrossment, as amended, as follows:

 

Page 252, line 36, delete "the commissioner must" and insert "the amount of tax retained for deposit in the general fund under section 297A.994, subdivision 4, clause (1) must instead supplement the capital improvement reserve appropriation under section 297A.994, subdivision 4, clause (2)."

 

Page 253, delete line 1

 

Page 253, line 2, delete "(1)."

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Olson, B., amendment and the roll was called.  There were 58 yeas and 66 nays as follows:

 

      Those who voted in the affirmative were:

 


Altendorf

Anderson, P. H.

Backer

Baker

Bennett

Bliss

Burkel

Daniels

Daudt

Davis

Demuth

Dotseth

Engen

Fogelman

Franson

Garofalo

Harder

Heintzeman

Hudella

Hudson

Igo

Jacob

Johnson

Joy

Knudsen

Koznick

Kresha

Mekeland

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, M.

Nelson, N.

Neu Brindley

Newton

Novotny

O'Driscoll

Olson, B.

O'Neill

Perryman

Petersburg

Pfarr

Quam

Robbins

Schomacker

Schultz

Scott

Skraba

Swedzinski

Torkelson

Urdahl

West

Wiener

Wiens

Witte

Zeleznikar


 

      Those who voted in the negative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bierman

Brand

Carroll

Cha

Clardy

Coulter

Curran

Edelson

Elkins

Feist

Fischer

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Huot

Hussein

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Kozlowski

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Moller

Noor

Norris

Olson, L.

Pelowski

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Richardson

Sencer-Mura

Smith

Stephenson

Tabke

Vang

Wolgamott

Xiong

Youakim

Spk. Hortman


 

 

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


Journal of the House - 58th Day - Thursday, April 27, 2023 - Top of Page 7175

           Long moved that the House recess subject to the call of the Chair.  The motion prevailed.

 

 

RECESS

 

 

RECONVENED

 

      The House reconvened and was called to order by the Speaker.

 

 

Swedzinski moved to amend H. F. No. 1938, the second engrossment, as amended, as follows:

 

Page 265, line 29, before "and" insert "Lower Sioux Indian Community; Prairie Island Indian Community; Shakopee Mdewakanton Sioux Community; Upper Sioux Community;"

 

Page 265, delete subdivision 2 and insert:

 

"Subd. 2.  Distribution.  (a) Each county in which all or a portion of an Indian reservation of an eligible Tribal Nation is located must receive a distribution under this section.  A county's annual aid is equal to the product of (1) the percentage share of the area of the Indian reservation located within the county, times (2) the distribution share of the eligible Tribal Nation to which the Indian reservation belongs, times (3) the amount appropriated under this section.

 

(b) Counties receiving aid under this section must work with the eligible Tribal Nations with Indian reservations in the county for the provision of public services within the Indian reservation boundaries."

 

Page 266, line 5, delete "In order to receive a distribution under this section,"

 

Page 266, line 10, delete "eligible Tribal Nation" and insert "county"

 

 

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

 

 

Robbins moved to amend H. F. No. 1938, the second engrossment, as amended, as follows:

 

Page 252, after line 21, insert:

 

"(c) Beginning with the forecast in November 2023, if, on the basis of a November forecast of general fund revenues and expenditures, the commissioner of management and budget determines that there will be a positive unrestricted budgetary general fund balance at the close of the biennium, the commissioner of revenue must reduce the rates of the tax imposed under this subdivision by the maximum amount possible within the biennium within the budget forecast.  The commissioner of revenue must continue to make reductions under this paragraph until the rate for all gross receipts subject to this tax equals five percent, rounded to the nearest tenth of a percent.  Reductions under this paragraph are effective for the fiscal year beginning in the calendar year following the November forecast.  Any reductions under this paragraph must be calculated after the items listed in section 16A.152, subdivision 2."

 

 

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


Journal of the House - 58th Day - Thursday, April 27, 2023 - Top of Page 7176

H. F. No. 1938, A bill for an act relating to financing and operation of state and local government; modifying provisions governing individual income and corporate franchise taxes, federal conformity, property taxes, certain state aid and credit programs, sales and use taxes, minerals taxes, tax increment financing, certain local taxes, provisions related to public finance, and various other taxes and tax-related provisions; modifying income tax credits; modifying existing and proposing new subtractions; modifying provisions related to the taxation of pass-through entities; providing for certain federal tax conformity; modifying individual income tax rates; modifying provisions related to reporting of corporate income; providing a onetime refundable rebate credit; providing for conformity to certain federal tax provisions; modifying property tax exemptions, classifications, and refunds; modifying local government aid calculations; establishing soil and water conservation district aid; providing for certain sales tax exemptions and providing new definitions; modifying taconite taxes and distributions; converting the renter's property tax refund into a refundable individual income tax credit; modifying provisions related to tax increment financing and allowing certain special local provisions; modifying certain local taxes; establishing tourism improvement special taxing districts; requiring reports; appropriating money; amending Minnesota Statutes 2022, sections 3.8855, subdivisions 4, 7; 6.495, subdivision 3; 10A.31, subdivisions 1, 3; 13.46, subdivision 2; 41B.0391, subdivisions 1, 2, 4, 7; 116U.27, subdivisions 1, 4, 7; 118A.04, subdivision 5; 123B.61; 168B.07, subdivision 3; 256J.45, subdivision 2; 256L.15, subdivision 1a; 270A.03, subdivision 2; 270B.12, subdivision 8; 270B.14, subdivision 1; 270C.13, subdivision 1; 270C.19, subdivisions 1, 2; 270C.445, subdivisions 2, 3; 270C.446, subdivision 2; 270C.52, subdivision 2; 272.01, subdivision 2; 272.02, subdivisions 24, 73, 98, by adding a subdivision; 273.11, subdivision 12; 273.124, subdivisions 6, 13, 13a, 13c, 13d, 14; 273.1245, subdivision 1; 273.13, subdivisions 25, 34, 35; 273.1315, subdivision 2; 273.1341; 273.1392; 275.065, subdivisions 3, 3b, 4; 278.01, subdivision 1; 279.03, subdivision 1a; 282.261, subdivision 2; 289A.02, subdivision 7, as amended; 289A.08, subdivisions 7, as amended, 7a, as amended, by adding subdivisions; 289A.18, subdivision 5; 289A.38, subdivision 4; 289A.382, subdivision 2; 289A.50, by adding a subdivision; 289A.56, subdivision 6; 289A.60, subdivisions 12, 13, 28; 290.01, subdivisions 19, as amended, 31, as amended; 290.0132, subdivisions 4, 24, 26, 27, by adding subdivisions; 290.0133, subdivision 6; 290.0134, subdivision 18, by adding a subdivision; 290.06, subdivisions 2c, as amended, 2d, 22, 39; 290.067; 290.0671, as amended; 290.0674; 290.0677, subdivision 1; 290.0682, subdivision 2, by adding a subdivision; 290.0685, subdivision 1, by adding a subdivision; 290.0686; 290.091, subdivision 2, as amended; 290.17, subdivision 4, by adding a subdivision; 290.21, subdivision 9; 290.92, subdivision 20; 290.9705, subdivision 1; 290A.02; 290A.03, subdivisions 3, 6, 8, 12, 13, 15, as amended, by adding a subdivision; 290A.04, subdivisions 1, 2, 2h, 4, 5; 290A.05; 290A.07, subdivision 2a; 290A.08; 290A.09; 290A.091; 290A.13; 290A.19; 290A.25; 290B.03, subdivision 1; 290B.04, subdivisions 3, 4; 290B.05, subdivision 1; 291.005, subdivision 1, as amended; 295.50, subdivision 4; 296A.083, subdivision 3; 297A.61, subdivision 29, by adding subdivisions; 297A.67, subdivisions 2, 7, 9; 297A.68, subdivisions 4, 25; 297A.70, subdivisions 2, 4, 18, 19; 297E.02, subdivision 6; 297E.021, subdivision 4; 297H.13, subdivision 2; 297I.20, subdivision 4; 298.015; 298.018, subdivisions 1, 1a; 298.28, subdivisions 5, 7a, by adding a subdivision; 298.296, subdivision 4; 299C.76, subdivisions 1, 2; 327C.02, subdivision 5; 349.11; 349.12, subdivisions 12b, 12c, by adding a subdivision; 366.095, subdivision 1; 373.01, subdivision 3; 383B.117, subdivision 2; 410.32; 412.301; 462A.05, subdivision 24; 462A.38; 469.033, subdivision 6; 469.053, subdivisions 4, 6; 469.107, subdivision 1; 469.174, subdivision 14, by adding a subdivision; 469.175, subdivision 6; 469.176, subdivisions 3, 4; 469.1761, subdivision 1; 469.1763, subdivisions 2, 3, 4, 6; 469.1771, subdivisions 2, 2a, 3; 474A.02, subdivisions 22b, 23a; 475.54, subdivision 1; 477A.011, subdivision 34, by adding subdivisions; 477A.0124, subdivision 2; 477A.013, subdivisions 8, 9; 477A.03, subdivisions 2a, 2b, by adding a subdivision; 477A.12, subdivisions 1, 3, by adding a subdivision; 477A.30; 477B.01, subdivisions 5, 10, 11, by adding subdivisions; 477B.02, subdivisions 2, 3, 5, 8, 9, 10, by adding a subdivision; 477B.03, subdivisions 2, 3, 4, 5, 7; 477B.04, subdivision 1, by adding a subdivision; 477C.02, subdivision 4; 477C.03, subdivisions 2, 5; 477C.04, by adding a subdivision; 514.972, subdivision 5; Laws 1971, chapter 773, section 1, subdivision 2, as amended; Laws 1980, chapter 511, sections 1, subdivision 2, as amended; 2, as amended; Laws 2006, chapter 259, article 11, section 3, as amended; Laws 2008, chapter 366, article 5, sections 26, as amended; 36, subdivisions 1, 3, as amended; article 7, section 17; article 17, section 6; Laws 2014, chapter 308, article 6, section 12, subdivision 2; Laws 2023, chapter 1, section 15; proposing coding for new law in Minnesota Statutes, chapters 16A; 181; 290; 477A; proposing coding for new law as Minnesota Statutes, chapter 428B; repealing Minnesota Statutes 2022, sections 270A.04, subdivision 5; 290.01, subdivision 19i; 290.0131,


Journal of the House - 58th Day - Thursday, April 27, 2023 - Top of Page 7177

subdivision 18; 290.0132, subdivision 33; 290A.03, subdivisions 9, 11; 290A.04, subdivision 2a; 290A.23, subdivision 1; 477A.011, subdivisions 30a, 38, 42, 45; 477A.013, subdivision 13; 477A.16, subdivisions 1, 2, 3; 477B.02, subdivision 4; 477B.03, subdivision 6.

 

 

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

 

      The question was taken on the passage of the bill and the roll was called.  There were 69 yeas and 57 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bierman

Brand

Carroll

Cha

Clardy

Coulter

Curran

Edelson

Elkins

Feist

Finke

Fischer

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Huot

Hussein

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Kozlowski

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Moller

Nelson, M.

Newton

Noor

Norris

Olson, L.

Pelowski

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Richardson

Sencer-Mura

Smith

Stephenson

Tabke

Vang

Wolgamott

Xiong

Youakim

Spk. Hortman


 

      Those who voted in the negative were:

 


Altendorf

Anderson, P. H.

Backer

Baker

Bennett

Bliss

Burkel

Daniels

Daudt

Davis

Demuth

Dotseth

Engen

Fogelman

Franson

Garofalo

Harder

Heintzeman

Hudella

Hudson

Igo

Jacob

Johnson

Joy

Knudsen

Koznick

Kresha

McDonald

Mekeland

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, N.

Neu Brindley

Novotny

O'Driscoll

Olson, B.

O'Neill

Perryman

Petersburg

Pfarr

Quam

Robbins

Schomacker

Schultz

Scott

Skraba

Swedzinski

Torkelson

Urdahl

West

Wiener

Wiens

Witte

Zeleznikar


 

 

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

 

 

      There being no objection, the order of business reverted to Messages from the Senate.

 

 

MESSAGES FROM THE SENATE

 

 

      The following messages were received from the Senate:

 

 

Madam Speaker:

 

I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File: 


Journal of the House - 58th Day - Thursday, April 27, 2023 - Top of Page 7178

H. F. No. 2335, A bill for an act relating to housing; establishing budget for Minnesota Housing Finance Agency; modifying various housing policy and finance provisions; expanding and establishing certain homeownership, manufactured home, and rent assistance programs; expanding requirements, uses, and amount of housing infrastructure bonds; establishing metropolitan region sales tax; establishing local affordable housing aid; establishing requirements for nonprofit grantees; requiring reports; appropriating money; amending Minnesota Statutes 2022, sections 82.75, subdivision 8; 297A.99, subdivision 1; 327C.095, subdivisions 12, 13, 16; 462.357, subdivision 1; 462A.05, subdivision 14, by adding subdivisions; 462A.201, subdivision 2; 462A.2035, subdivision 1b; 462A.204, subdivisions 3, 8; 462A.21, subdivision 3b; 462A.22, subdivision 1; 462A.33, subdivision 2, by adding a subdivision; 462A.36, subdivision 4, by adding a subdivision; 462A.37, subdivisions 1, 2, 4, 5, by adding subdivisions; 462A.38, subdivision 1; 462A.39, subdivisions 2, 5; 469.002, subdivision 12, by adding a subdivision; 473.145; 500.20, subdivision 2a; Laws 2021, First Special Session chapter 8, article 1, section 3, subdivision 11; Laws 2023, chapter 20, section 1; proposing coding for new law in Minnesota Statutes, chapters 297A; 462A; 477A.