STATE OF
MINNESOTA
NINETY-THIRD
SESSION - 2023
_____________________
SIXTY-THIRD
DAY
Saint Paul, Minnesota, Thursday, May 4, 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 Ryan Quigley,
Albert Lea Assembly of God, Albert Lea, 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.
Bahner
Bakeberg
Baker
Becker-Finn
Bennett
Berg
Bierman
Bliss
Brand
Carroll
Cha
Clardy
Coulter
Curran
Daudt
Davids
Davis
Demuth
Dotseth
Edelson
Elkins
Engen
Feist
Finke
Fogelman
Franson
Frazier
Frederick
Freiberg
Garofalo
Gillman
Gomez
Greenman
Hansen, R.
Hanson, J.
Harder
Hassan
Heintzeman
Hemmingsen-Jaeger
Her
Hicks
Hill
Hollins
Hornstein
Howard
Hudella
Huot
Hussein
Igo
Johnson
Jordan
Keeler
Klevorn
Knudsen
Koegel
Kotyza-Witthuhn
Kozlowski
Koznick
Kraft
Kresha
Lee, F.
Lee, K.
Liebling
Lillie
Lislegard
Long
McDonald
Moller
Mueller
Myers
Nadeau
Nash
Nelson, M.
Nelson, N.
Neu Brindley
Newton
Niska
Noor
Norris
Novotny
O'Driscoll
Olson, L.
O'Neill
Pelowski
Pérez-Vega
Perryman
Petersburg
Pfarr
Pinto
Pryor
Quam
Rehm
Reyer
Richardson
Robbins
Schomacker
Sencer-Mura
Skraba
Smith
Stephenson
Swedzinski
Tabke
Torkelson
Urdahl
Vang
West
Wiener
Wiens
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Hortman
A quorum was present.
Backer; Burkel; Daniels; Fischer;
Grossell; Hudson; Jacob; Joy; Kiel; Mekeland; Murphy; Olson, B.; Pursell;
Schultz and Scott were excused.
The Chief Clerk proceeded to read the
Journals of the preceding days. There
being no objection, further reading of the Journals was dispensed with and the
Journals were approved as corrected by the Chief Clerk.
REPORTS OF STANDING COMMITTEES
AND DIVISIONS
Olson, L., from the Committee on Ways and Means to which was referred:
H. F. No. 402, A bill for an act relating to health; establishing requirements for certain health care entity transactions; changing the expiration date on moratorium conversion transactions; requiring a health system to return charitable assets received from the state to the general fund in certain circumstances; requiring a study on the regulation of certain transactions; requiring a report; appropriating money; amending Minnesota Statutes 2022, section 62U.04, subdivision 11; Laws 2017, First Special Session chapter 6, article 5, section 11, as amended; proposing coding for new law in Minnesota Statutes, chapter 309; proposing coding for new law as Minnesota Statutes, chapter 145D.
Reported the same back with the following amendments:
Page 13, delete section 6 and insert:
"Sec. 6. APPROPRIATIONS.
$1,584,000 in fiscal year 2024 and $769,000 in fiscal year 2025 are appropriated from the general fund to the commissioner of health for purposes of Minnesota Statutes, section 145D.01, and to conduct a study and develop recommendations on nonprofit health maintenance organization conversions and other transactions. The base for this appropriation is $710,000 in fiscal year 2026 and $710,000 in fiscal year 2027."
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Olson, L., from the Committee on Ways and Means to which was referred:
H. F. No. 1900, A bill for an act relating to natural resources; proposing an amendment to the Minnesota Constitution, article XI, section 14; providing for the renewal of the environment and natural resources trust fund; requiring a report; appropriating money; amending Minnesota Statutes 2022, sections 349A.08, subdivision 5; 349A.10, subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 116P; proposing coding for new law as Minnesota Statutes, chapter 116X.
Reported the same back with the following amendments:
Page 2, line 1, reinstate the stricken language and delete "50"
Page 2, delete line 11
Page 2, line 12, delete "to 50 percent,"
Page 3, delete subdivision 1 and insert:
"Subdivision 1. Establishment;
grants. (a) The commissioner
must establish the environment and natural resources trust fund community grant
program for the benefit of current residents and future generations.
(b) The commissioner must award grants under the program for purposes that are authorized under Minnesota Constitution, article XI, section 14, but that have not traditionally been funded from that source. The commissioner must provide at least two grant award cycles per calendar year and must ensure that grants are awarded and deployed under the program as expeditiously as possible."
Page 4, line 22, delete "as follows" and insert ", and the appointees must include"
Page 4, delete lines 23 to 30 and insert:
"(1) two members who are members
of the Ojibwe Tribe;
(2) two members who are members of the
Dakota Tribe; and
(3) four members who identify as Black
or African American, Hispanic or Latino, Asian, or
Pacific Islander or as members of a community of color.
(b) In addition to the members
appointed under paragraph (a), the commissioner, in consultation with the
commissioners of health and the Pollution Control Agency, may appoint up to
eight additional residents of Minnesota to the advisory council when, in the
commissioner's discretion, it is necessary to ensure that the advisory council
is sufficiently representative of various Minnesota communities.
(c) The commissioner must make appointments to the advisory council under this subdivision that result in substantially equal representation of rural, suburban, and urban communities."
Page 5, delete lines 1 to 5
Reletter the paragraphs in sequence
Page 6, delete sections 5 and 6
Page 7, after line 11, insert:
"Sec. 7. FINANCIAL
REVIEW OF GRANT AND BUSINESS SUBSIDY RECIPIENTS.
Subdivision 1. Definitions. (a) As used in this section, the
following terms have the meanings given.
(b) "Grant" means a grant or
business subsidy funded by an appropriation in this act.
(c) "Grantee" means a
business entity as defined in Minnesota Statutes, section 5.001.
Subd. 2. Financial
information required; determination of ability to perform. Before an agency awards a competitive,
legislatively named, single-source, or sole-source grant, the agency must
assess the risk that a grantee cannot or would not perform the required duties. In making this assessment, the agency must
review the following information:
(1) the grantee's history of performing
duties similar to those required by the grant, whether the size of the grant
requires the grantee to perform services at a significantly increased scale,
and whether the size of the grant will require significant changes to the
operation of the grantee's organization;
(2) for a grantee that is a
nonprofit organization, the grantee's Form 990 or Form
990-EZ filed with the Internal Revenue Service in each of the prior three years. If the grantee has not been in existence long
enough or is not required to file Form 990 or Form 990-EZ, the grantee must
demonstrate to the grantor's satisfaction that the grantee is exempt and must
instead submit the grantee's most recent board-reviewed financial statements
and documentation of internal controls;
(3) for a for-profit business, three
years of federal and state tax returns, current financial statements,
certification that the business is not under bankruptcy proceedings, and
disclosure of any liens on its assets. If
a business has not been in business long enough to have three years of tax
returns, the grantee must demonstrate to the grantor's satisfaction that the
grantee has appropriate internal financial controls;
(4) evidence of registration and good
standing with the secretary of state under Minnesota Statutes, chapter 317A, or
other applicable law;
(5) if the grantee's total annual
revenue exceeds $750,000, the grantee's most recent financial audit performed
by an independent third party in accordance with generally accepted accounting
principles; and
(6) certification, provided by the
grantee, that none of its principals have been convicted of a financial crime.
Subd. 3. Additional
measures for some grantees. The
agency may require additional information and must provide enhanced oversight
for grants that have not previously received state or federal grants for
similar amounts or similar duties and so have not yet demonstrated the ability
to perform the duties required under the grant on the scale required.
Subd. 4. Assistance
from administration. An
agency without adequate resources or experience to perform obligations under
this section may contract with the commissioner of administration to perform
the agency's duties under this section.
Subd. 5. Agency
authority to not award grant. If
an agency determines that there is an appreciable risk that a grantee receiving
a competitive, single-source, or sole-source grant cannot or would not perform
the required duties under the grant agreement, the agency must notify the
grantee and the commissioner of administration and give the grantee an
opportunity to respond to the agency's concerns. If the grantee does not satisfy the agency's
concerns within 45 days, the agency must not award the grant.
Subd. 6. Legislatively
named grantees. If an agency
determines that there is an appreciable risk that a grantee receiving a
legislatively named grant cannot or would not perform the required duties under
the grant agreement, the agency must notify the grantee, the commissioner of
administration, the chair and ranking minority member of the Ways and Means
Committee in the house of representatives, the chair and ranking minority
member of the Finance Committee in the senate, and the chairs and ranking minority
members of the committees in the house of representatives and the senate with
primary jurisdiction over the bill in which the money for the grant was
appropriated. The agency must give the
grantee an opportunity to respond to the agency's concerns. If the grantee does not satisfy the agency's
concerns within 45 days, the agency must delay award of the grant until
adjournment of the next regular or special legislative session.
Subd. 7. Subgrants. If a grantee will disburse the money
received from the grant to other organizations to perform duties required under
the grant agreement, the agency must be a party to agreements between the
grantee and a subgrantee. Before
entering agreements for subgrants, the agency must perform the financial review
required under this section with respect to the subgrantees.
Subd. 8. Effect. The requirements of this section are in addition to other requirements imposed by law; the commissioner of administration under Minnesota Statutes, sections 16B.97 and 16B.98; or agency grant policy."
Renumber the sections in sequence
Correct the title numbers accordingly
With the recommendation that when so amended the bill be re-referred to the Committee on Rules and Legislative Administration.
The
report was adopted.
Olson, L., from the Committee on Ways and Means to which was referred:
H. F. No. 2988, A bill for an act relating to workers' compensation; adopting recommendations of the 2023 Workers' Compensation Advisory Committee; modifying workers' compensation self-insurance; improving system efficiencies; modifying the permanent partial disability schedule; requiring a post-traumatic stress disorder study and report; making housekeeping changes; appropriating money; amending Minnesota Statutes 2022, sections 79A.01, subdivision 4; 79A.04, subdivisions 7, 9, 10, 16, by adding a subdivision; 79A.08; 79A.13; 79A.24, subdivision 4; 79A.25, subdivisions 1, 2, 3, by adding a subdivision; 176.011, subdivision 11a, by adding a subdivision; 176.081, subdivision 1; 176.101, subdivision 2a; 176.102, subdivision 3; 176.111, subdivision 16, by adding a subdivision; 176.135, subdivisions 1, 1a, 7; 176.1362, subdivision 1; 176.1364, subdivision 3; 176.155, subdivision 1; 176.239, subdivisions 6, 7; 176.291; 176.305, subdivision 4; 176.331; repealing Minnesota Statutes 2022, sections 176.1364, subdivision 6; 176.223.
Reported the same back with the recommendation that the bill be placed on the General Register.
The
report was adopted.
SECOND READING
OF HOUSE BILLS
H. F. Nos. 402 and 2988
were read for the second time.
INTRODUCTION AND FIRST READING OF
HOUSE BILLS
The
following House Files were introduced:
Urdahl introduced:
H. F. No. 3299, A bill for an act relating to education; clarifying the definition of gifted and talented students; amending Minnesota Statutes 2022, section 120B.15.
The bill was read for the first time and referred to the Committee on Education Policy.
Norris introduced:
H. F. No. 3300, A bill for an act relating to public safety; establishing the Office of Animal Protection; providing for peace officer and other professional training; authorizing working groups; establishing a courtroom animal advocate procedure; requiring support for forensic laboratories; authorizing the receipt of grants and contributions; amending the definition of crime of violence; requiring reports; requiring rulemaking; appropriating money; amending Minnesota Statutes 2022, section 624.712, subdivision 5; proposing coding for new law as Minnesota Statutes, chapter 299P.
The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy.
Brand and Frederick introduced:
H. F. No. 3301, A bill for an act relating to capital investment; appropriating money for the Minnesota River State Trail; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Capital Investment.
Daudt and Hornstein introduced:
H. F. No. 3302, A bill for an act relating to transportation; establishing public hearing requirements for certain trunk highway and transit projects; amending Minnesota Statutes 2022, section 473.399, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 161.
The bill was read for the first time and referred to the Committee on Transportation Finance and Policy.
Anderson, P. H.; Franson; Demuth; Novotny; Witte; Backer; Jacob; Heintzeman; Bliss; Torkelson; Pfarr; Bakeberg; Burkel; Murphy; Petersburg; Perryman; Kresha; Skraba; Harder; Nash; Robbins; Dotseth; Gillman; Davis; Baker; Urdahl; Nelson, N.; Zeleznikar; Knudsen; McDonald; Grossell; Altendorf; Schultz; Niska and Anderson, P. E., introduced:
H. F. No. 3303, A bill for an act relating to transportation; designating an overpass in Pope County as the Deputy Josh Owen Memorial Overpass; amending Minnesota Statutes 2022, section 161.14, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Transportation Finance and Policy.
MOTIONS AND
RESOLUTIONS
Hanson, J., moved that the names of
Pursell and Rehm be added as authors on H. F. No. 1225. The motion prevailed.
Hanson, J., moved that the names of Agbaje
and Edelson be added as authors on H. F. No. 1618. The motion prevailed.
Hanson, J., moved that the names of Agbaje
and Norris be added as authors on H. F. No. 1619. The motion prevailed.
Hanson, J., moved that the names of Agbaje, Pursell,
Norris and Rehm be added as authors on H. F. No. 1961. The motion prevailed.
Grossell moved that the name of Kiel be
added as an author on H. F. No. 3278. The motion prevailed.
Wolgamott moved that the names of
Freiberg; Urdahl; Davids; Olson, L.; Knudsen and Kozlowski be added as authors
on H. F. No. 3294. The
motion prevailed.
Davis, Demuth and
Mueller introduced:
House Resolution No. 1, A House
resolution recognizing the first Thursday in May as a day of statewide prayer,
fasting, and repentance in Minnesota.
The resolution was referred to the Committee on Rules and Legislative
Administration.
Robbins introduced:
House Concurrent Resolution No. 4, A House concurrent resolution designating May 1 to 7, 2023, as Tardive Dyskinesia Awareness Week.
The concurrent resolution was referred to the Committee on Rules and Legislative Administration.
ADJOURNMENT
Long moved that when the House adjourns
today it adjourn until 11:00 a.m., Monday, May 8,
2023. The motion prevailed.
Long moved that the House adjourn. The motion prevailed, and the Speaker
declared the House stands adjourned until 11:00 a.m., Monday, May 8, 2023.
Patrick
D. Murphy, Chief
Clerk, House of Representatives