Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16165

STATE OF MINNESOTA

 

Journal of the House

 

NINETY-THIRD SESSION - 2024

 

_____________________

 

ONE HUNDRED FOURTEENTH DAY

 

Saint Paul, Minnesota, Thursday, May 9, 2024

 

 

      The House of Representatives convened at 11:00 a.m. and was called to order by Kaohly Vang Her, Speaker pro tempore.

 

      Prayer was offered by the Reverend Kenneth L. Beale, Jr., United States Army Chaplain (Colonel-Retired), Historic Fort Snelling Chapel, Woodbury, 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:

 


Agbaje

Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Bahner

Bakeberg

Baker

Becker-Finn

Bennett

Berg

Bierman

Brand

Burkel

Carroll

Cha

Clardy

Coulter

Curran

Davis

Demuth

Dotseth

Edelson

Elkins

Engen

Feist

Finke

Fischer

Fogelman

Franson

Frazier

Frederick

Freiberg

Garofalo

Gillman

Gomez

Greenman

Grossell

Hansen, R.

Hanson, J.

Harder

Hassan

Heintzeman

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Hudson

Huot

Hussein

Igo

Jacob

Johnson

Jordan

Joy

Keeler

Kiel

Klevorn

Knudsen

Koegel

Kotyza-Witthuhn

Kozlowski

Koznick

Kraft

Kresha

Lawrence

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.

Pelowski

Pérez-Vega

Perryman

Petersburg

Pfarr

Pinto

Pryor

Pursell

Quam

Rarick

Rehm

Reyer

Schomacker

Schultz

Scott

Sencer-Mura

Skraba

Smith

Stephenson

Swedzinski

Tabke

Torkelson

Urdahl

Vang

Virnig

West

Wiener

Wiens

Witte

Wolgamott

Xiong

Youakim

Zeleznikar

Spk. Hortman


 

      A quorum was present.

 

      Bliss, Daniels, Davids, Hudella and Robbins were excused.

 

      Acomb was excused until 10:00 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 - 114th Day - Thursday, May 9, 2024 - Top of Page 16166

PETITIONS AND COMMUNICATIONS

 

 

      The following communications were received:

 

 

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

 

May 7, 2024

 

The Honorable Melissa Hortman

Speaker of the House of Representatives

The State of Minnesota

 

Dear Speaker Hortman:

 

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

 

      H. F. No. 1989, relating to consumer protection; requiring disclosures relating to ticket sales; prohibiting conduct in connection with ticket sales; requiring disclosure of data to the commissioner of commerce; allowing enforcement by the commissioner of commerce.

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Tim Walz

                                                                                                                                Governor

 

 

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

 

May 8, 2024

 

The Honorable Melissa Hortman

Speaker of the House of Representatives

The State of Minnesota

 

Dear Speaker Hortman:

 

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

 

      H. F. No. 3071, relating to transportation; driver and vehicle services; requiring incorporation of plain language standards for written driver's examinations and the driver's manual; requiring a report; appropriating money.


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16167

         H. F. No. 4661, relating to workers' compensation; making policy and technical changes to workers' compensation coverage and hearings; modifying provisions related to the Workers' Compensation Court of Appeals.

 

      H. F. No. 4310, relating to state government; ratifying certain compensation plans.

 

      H. F. No. 3454, relating to veterans and military affairs; expanding the powers of the adjutant general; modifying veterans home provisions; modifying provisions related to armories; amending policy provisions related to veterans; extending the availability of a grant for the veterans Meals on Wheels program.

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Tim Walz

                                                                                                                                Governor

 

 

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

 

The Honorable Melissa Hortman

Speaker of the House of Representatives

 

The Honorable Bobby Joe Champion

President of the Senate

 

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

 

 

S. F.

No.

 

H. F.

No.

 

Session Laws

Chapter No.

Time and

Date Approved

2024

 

Date Filed

2024

 

                                3071                        89                                         12:34 p.m.  May 8                                 May 8

                                1989                        94                                         11:37 a.m.  May 7                                 May 7

                                4661                        97                                         12:35 p.m.  May 8                                 May 8

                                4310                        99                                         12:36 p.m.  May 8                                 May 8

                                3454                     100                                         12:41 p.m.  May 8                                 May 8

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Steve Simon

                                                                                                                                Secretary of State


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16168

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

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

 

H. F. No. 4746, A bill for an act relating to labor; regulating transportation network companies; providing a civil cause of action; imposing criminal penalties; amending Minnesota Statutes 2022, section 65B.472; 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.  Minnesota Statutes 2022, section 65B.472, is amended to read:

 

65B.472 TRANSPORTATION NETWORK FINANCIAL RESPONSIBILITY.

 

Subdivision 1.  Definitions.  (a) Unless a different meaning is expressly made applicable, the terms defined in paragraphs (b) through (g) (p) have the meanings given them for the purposes of this chapter section.

 

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

 

(c) "Disability and income loss benefits" has the meaning given in section 65B.44, subdivision 3, subject to the weekly maximum amount and with a maximum time period of 130 weeks after the injury.

 

(d) "P1," "P2," and "P3" have the meanings given in section 181C.01, subdivision 4.

 

(e) "Funeral and burial expenses" has the meaning given in section 65B.44, subdivision 4.

 

(f) "Medical expense benefits" has the meaning given in section 65B.44, subdivision 2, except that payment for rehabilitative services is only required when the services are medically necessary.

 

(g) "Personal injury" means a physical injury or mental impairment arising out of a physical injury in the course of a prearranged ride.  A personal injury is only covered if the injury occurs to a driver during P2 or P3, except as provided under subdivision 2, paragraph (d).  A personal injury claimant is subject to the requirements of section 65B.56.

 

(c) A (h) "Personal vehicle" means a vehicle that is used by a transportation network company TNC driver in connection with providing a prearranged ride and is:

 

(1) owned, leased, or otherwise authorized for use by the transportation network company driver; and

 

(2) not a taxicab, limousine, for-hire vehicle, or a private passenger vehicle driven by a volunteer driver.

 

(d) A (i) "Prearranged ride" means the provision of transportation by a driver to a rider, beginning when a driver accepts a ride requested by a rider through a digital network controlled by a transportation network company, continuing while the driver transports a requesting rider, and ending when the last requesting rider departs from the personal vehicle.  A prearranged ride does not include transportation provided using a taxicab, limousine, or other for-hire vehicle.


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16169

(j) "Replacement services loss benefits" has the meaning given in section 65B.44, subdivision 5, subject to the weekly maximum amount and with a maximum time period of 130 weeks after the injury.

 

(k) "Survivors economic loss benefits" has the meaning given in section 65B.44, subdivision 6, subject to the weekly maximum amount and with a maximum time period of 130 weeks after death.

 

(l) "Survivors replacement services loss benefits" has the meaning given in section 65B.44, subdivision 7, subject to the weekly maximum amount and with a maximum time period of 130 weeks after death.

 

(e) A (m) "Transportation network company" or "TNC" means a corporation, partnership, sole proprietorship, or other entity that is operating in Minnesota that uses a digital network to connect transportation network company riders to transportation network company drivers who provide prearranged rides.

 

(f) A (n) "Transportation network company driver," "TNC driver," or "driver" means an individual who:

 

(1) receives connections to potential riders and related services from a transportation network company in exchange for payment of a fee to the transportation network company; and

 

(2) uses a personal vehicle to provide a prearranged ride to riders upon connection through a digital network controlled by a transportation network company in return for compensation or payment of a fee.

 

(g) A (o) "Transportation network company rider," "TNC rider," or "rider" means an individual or persons who use a transportation network company's digital network to connect with a transportation network driver who provides prearranged rides to the rider in the driver's personal vehicle between points chosen by the rider.

 

(h) A (p) "Volunteer driver" means an individual who transports persons or goods on behalf of a nonprofit entity or governmental unit in a private passenger vehicle and receives no compensation for services provided other than the reimbursement of actual expenses.

 

Subd. 2.  Maintenance of transportation network financial responsibility.  (a) A transportation network company driver or transportation network company on the driver's behalf shall maintain primary automobile insurance that recognizes that the driver is a transportation network company driver or otherwise uses a vehicle to transport passengers for compensation and covers the driver: during P1, P2, and P3.

 

(1) while the driver is logged on to the transportation network company's digital network; or

 

(2) while the driver is engaged in a prearranged ride.

 

(b) During P1, the following automobile insurance requirements apply while a participating transportation network company driver is logged on to the transportation network company's digital network and is available to receive transportation requests but is not engaged in a prearranged ride:

 

(1) primary coverage insuring against loss resulting from liability imposed by law for injury and property damage, including the requirements of section 65B.49, subdivision 3, in the amount of not less than $50,000 because of death or bodily injury to one person in any accident, $100,000 because of death or bodily injury to two or more persons in any accident, and $30,000 for injury to or destruction of property of others in any one accident;

 

(2) security for the payment of basic economic loss benefits where required by section 65B.44 pursuant to the priority requirements of section 65B.47.  A transportation network company and a transportation network company driver, during the period set forth in this paragraph, are deemed to be in the business of transporting persons for purposes of section 65B.47, subdivision 1, and the insurance required under this subdivision shall be deemed to cover the vehicle during the period set forth in this paragraph;


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16170

(3) primary uninsured motorist coverage and primary underinsured motorist coverage where required by section 65B.49, subdivisions 3a and 4a; and

 

(4) the coverage requirements of this subdivision may be satisfied by any of the following:

 

(i) automobile insurance maintained by the transportation network company driver;

 

(ii) automobile insurance maintained by the transportation network company; or

 

(iii) any combination of items (i) and (ii).

 

(c) During P2 and P3, the following automobile insurance requirements apply while a transportation network company driver is engaged in a prearranged ride:

 

(1) primary coverage insuring against loss resulting from liability imposed by law for injury and property damage, including the requirements of section 65B.49, in the amount of not less than $1,500,000 for death, injury, or destruction of property of others;

 

(2) security for the payment of basic economic loss benefits where required by section 65B.44 pursuant to the priority requirements of section 65B.47.  A transportation network company and a transportation network company driver, during the period set forth in this paragraph, are deemed to be in the business of transporting persons for purposes of section 65B.47, subdivision 1, and the insurance required under this subdivision shall be deemed to cover the vehicle during the period set forth in this paragraph;

 

(3) primary uninsured motorist coverage and primary underinsured motorist coverage where required by section 65B.49, subdivisions 3a and 4a; and

 

(4) the coverage requirements of this subdivision may be satisfied by any of the following:

 

(i) automobile insurance maintained by the transportation network company driver;

 

(ii) automobile insurance maintained by the transportation network company; or

 

(iii) any combination of items (i) and (ii).

 

(d) During P2 and P3, a TNC must maintain insurance on behalf of, and at no cost to, the driver that provides reimbursement for all loss suffered through personal injury arising from the driver's work for the TNC that is not otherwise covered by the insurance required under paragraphs (b) and (c).  A driver shall not be charged by the TNC or have their compensation lowered because of the insurance.  The insurance coverage must be in the amount of not less than $1,000,000 per incident due to personal injury and include the following types of coverage:  medical expense benefits, disability and income loss benefits, funeral and burial expenses, replacement services loss benefits, survivors economic loss benefits, and survivors replacement services loss benefits.  Insurance coverage under this paragraph includes personal injury sustained while at the drop-off location immediately following the conclusion of a prearranged ride.

 

(e) Any insurer authorized to write accident and sickness insurance in this state have the power to issue the blanket accident and sickness policy described in paragraph (d).


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16171

(f) A policy of blanket accident and sickness insurance as described in paragraph (d) must include in substance the provisions required for individual policies that are applicable to blanket accident and sickness insurance and the following provisions:

 

(1) a provision that the policy and the application of the policyholder constitutes the entire contract between the parties, and that, in the absence of fraud, all statements made by the policyholder are deemed representations and not warranties, and that a statement made for the purpose of affecting insurance does not avoid insurance or reduce benefits unless the statement is contained in a written instrument signed by the policyholder, a copy of which has been furnished to such policyholder; and

 

(2) a provision that to the group or class originally insured be added from time to time all new persons eligible for coverage.

 

(g) If an injury is covered by blanket accident and sickness insurance maintained by more than one TNC, the insurer of the TNC against whom a claim is filed is entitled to contribution for the pro rata share of coverage attributable to one or more other TNCs up to the coverages and limits in paragraph (d).

 

(h) Notwithstanding any law to the contrary, amounts paid or payable under the coverages required by section 65B.49, subdivisions 3a and 4a, shall be reduced by the total amount of benefits paid or payable under insurance provided pursuant to paragraph (d).

 

(d) (i) If insurance maintained by the driver in paragraph (b) or (c) has lapsed or does not provide the required coverage, insurance maintained by a transportation network company shall provide the coverage required by this subdivision beginning with the first dollar of a claim and have the duty to defend the claim.

 

(e) (j) Coverage under an automobile insurance policy maintained by the transportation network company shall not be dependent on a personal automobile insurer first denying a claim nor shall a personal automobile insurance policy be required to first deny a claim.

 

(f) (k) Insurance required by this subdivision must satisfy the requirements of chapter 60A.

 

(g) (l) Insurance satisfying the requirements of this subdivision shall be deemed to satisfy the financial responsibility requirements under the Minnesota No-Fault Automobile Insurance Act, sections 65B.41 to 65B.71.

 

(h) (m) A transportation network company driver shall carry proof of coverage satisfying paragraphs (b) and (c) at all times during the driver's use of a vehicle in connection with a transportation network company's digital network.  In the event of an accident, a transportation network company driver shall provide this insurance coverage information to the directly interested parties, automobile insurers, and investigating police officers upon request pursuant to section 65B.482, subdivision 1.  Upon such request, a transportation network company driver shall also disclose to directly interested parties, automobile insurers, and investigating police officers whether the driver was logged on to the transportation network company's digital network or on a prearranged ride at the time of an accident.

 

Subd. 3.  Disclosure to transportation network company drivers.  The transportation network company shall disclose in writing to transportation network company drivers the following before they are allowed to accept a request for a prearranged ride on the transportation network company's digital network:

 

(1) the insurance coverage, including the types of coverage and the limits for each coverage under subdivision 2, paragraphs (b), (c), and (d), that the transportation network company provides while the transportation network company driver uses a personal vehicle in connection with a transportation network company's digital network;


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16172

(2) that the transportation network company driver's own automobile insurance policy might not provide any coverage while the driver is logged on to the transportation network company's digital network and is available to receive transportation requests or is engaged in a prearranged ride depending on its terms; and

 

(3) that using a vehicle with a lien against the vehicle to provide transportation network services prearranged rides may violate the transportation network driver's contract with the lienholder.

 

Subd. 4.  Automobile insurance provisions.  (a) Insurers that write automobile insurance in Minnesota may exclude any and all coverage afforded under the owner's insurance policy for any loss or injury that occurs while a driver is logged on to a transportation network company's digital network or while a driver provides a prearranged ride during P1, P2, and P3.  This right to exclude all coverage may apply to any coverage included in an automobile insurance policy including, but not limited to:

 

(1) liability coverage for bodily injury and property damage;

 

(2) uninsured and underinsured motorist coverage;

 

(3) basic economic loss benefits as defined under section 65B.44;

 

(4) medical payments coverage;

 

(5) comprehensive physical damage coverage; and

 

(6) collision physical damage coverage.

 

These exclusions apply notwithstanding any requirement under the Minnesota No-Fault Automobile Insurance Act, sections 65B.41 to 65B.71.  Nothing in this section implies or requires that a personal automobile insurance policy provide coverage while the driver is logged on to the transportation network company's digital network, while the driver is engaged in a prearranged ride, or while the driver otherwise uses a vehicle to transport passengers for compensation during P1, P2, or P3.

 

Nothing in this section shall be deemed to preclude an insurer from providing coverage for the transportation network company driver's vehicle, if it so chooses to do so by contract or endorsement.

 

(b) Automobile insurers that exclude coverage as permitted in paragraph (a) shall have no duty to defend or indemnify any claim expressly excluded thereunder.  Nothing in this section shall be deemed to invalidate or limit an exclusion contained in a policy, including any policy in use or approved for use in Minnesota prior to May 19, 2015, that excludes coverage for vehicles used to carry persons or property for a charge or available for hire by the public.

 

(c) An automobile insurer that defends or indemnifies a claim against a driver that is excluded under the terms of its policy as permitted in paragraph (a) shall have a right of contribution against other insurers that provide automobile insurance to the same driver in satisfaction of the coverage requirements of subdivision 2 at the time of loss.

 

(d) In a claims coverage investigation, transportation network companies and any insurer potentially providing coverage under subdivision 2 shall cooperate to facilitate the exchange of relevant information with directly involved parties and any insurer of the transportation network company driver if applicable, including the precise times that a transportation network company driver logged on and off of the transportation network company's digital network in the 12-hour period immediately preceding and in the 12-hour period immediately following the accident and disclose to one another a clear description of the coverage, exclusions, and limits provided under any automobile insurance maintained under subdivision 2.

 

EFFECTIVE DATE.  This section is effective January 1, 2025.


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16173

Sec. 2.  [181C.01] DEFINITIONS.

 

Subdivision 1.  Application.  For purposes of this chapter, the terms defined in this section have the meanings given.

 

Subd. 2.  Deactivation.  "Deactivation" means a TNC blocking a driver's access to a digital network, suspending a driver, or changing a driver's status from eligible to ineligible to provide prearranged rides for a TNC for more than 12 hours, or more than 72 hours when the TNC must investigate a claim against a driver.  Deactivation does not include a driver's loss of access to the digital network that is contingent on a driver's compliance with licensing, insurance, or regulatory requirements or that can be resolved through unilateral action by the driver.  For the purposes of this chapter, "prearranged ride" has the meaning given in section 65B.472, subdivision 1.

 

Subd. 3.  Digital network.  "Digital network" has the meaning given in section 65B.472, subdivision 1.

 

Subd. 4.  Driver time periods.  "Driver time periods" are divided into three exclusive segments which have the following meanings:

 

(1) "period 1" or "P1" means the time when a driver is logged into a TNC application, but has not accepted a ride offer;

 

(2) "period 2" or "P2" means the time when a driver is proceeding to pick up a rider after choosing to accept a ride offer; and

 

(3) "period 3" or "P3" means the time when a driver is transporting a rider from a pickup location to a drop-off location.

 

Subd. 5.  Personal vehicle.  "Personal vehicle" has the meaning given in section 65B.472, subdivision 1.

 

Subd. 6.  Transportation network company.  "Transportation network company" or "TNC" has the meaning given in section 65B.472, subdivision 1.

 

Subd. 7.  Transportation network company driver.  "Transportation network company driver," "TNC driver," or "driver" has the meaning given in section 65B.472, subdivision 1.

 

Subd. 8.  Transportation network company rider.  "Transportation network company rider," "TNC rider," or "rider" has the meaning given in section 65B.472, subdivision 1.

 

Sec. 3.  [181C.02] NOTICE AND PAY TRANSPARENCY.

 

Subdivision 1.  Compensation notice.  (a) Upon initial or subsequent account activation, and annually each year while a driver continues to maintain an account with the TNC, a TNC must provide written notice of compensation, or a compensation policy, if any, to each driver containing the following information:

 

(1) the right to legally required minimum compensation under section 181C.03;

 

(2) the frequency and manner of a driver's pay;

 

(3) the rights and remedies available to a driver for a TNC's failure to comply with legal obligations related to minimum compensation; and

 

(4) the driver's right to elect coverage of paid family and medical leave benefits, as provided under chapter 268B.


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16174

(b) Notice under this subdivision must be provided in written plain language and made available in English, Amharic, Arabic, Hmong, Oromo, Somali, and Spanish.  TNCs operating in Minnesota must consider updating the languages in which they offer the notice each year.

 

(c) The TNC must provide notice to a driver in writing or electronically of any changes to the driver's compensation policy at least 48 hours before the date the changes take effect.

 

Subd. 2.  Assignment notice.  When a TNC alerts a driver of a possible assignment to transport a rider, the ride offer must be available for sufficient time for the driver to review, and the TNC must indicate:

 

(1) the estimated travel time and number of miles from the driver's current location to the pickup location for P2;

 

(2) the estimated travel time and number of miles for the trip for P3; and

 

(3) the estimated total compensation, before any gratuity.

 

Subd. 3.  Daily trip receipt.  Within 24 hours of each trip completion, the TNC must transmit a detailed electronic receipt to the driver containing the following information for each unique trip or portion of a unique trip:

 

(1) the date, pickup, and drop-off locations.  In describing the pickup and drop-off locations, the TNC shall describe the location by indicating the specific block in which the pick-up and drop-off occurred;

 

(2) the time and total mileage traveled from pick up to drop off of a rider or riders for P3;

 

(3) the time and total mileage traveled from acceptance of the assignment to completion for P2 and P3;

 

(4) total fare or fee paid by the rider or riders; and

 

(5) total compensation to the driver, specifying:

 

(i) any applicable rate or rates of pay, any applicable price multiplier, or variable pricing policy in effect;

 

(ii) any gratuity; and

 

(iii) an itemized list of all tolls, fees, or other pass-throughs from the rider charged to the driver.

 

Subd. 4.  Weekly summary.  Each week, a TNC must transmit a weekly summary to a driver in writing or electronically containing the following information for the preceding calendar week:

 

(1) total time the driver logged into the TNC application;

 

(2) total time and mileage for P2 and P3 segments;

 

(3) total fares or fees paid by riders; and

 

(4) total compensation to the driver, including any gratuities.

 

Subd. 5.  Record keeping.  TNCs must maintain the trip receipts and weekly summaries required under this section for at least three years.


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16175

Sec. 4.  [181C.03] MINIMUM COMPENSATION.

 

(a) Minimum compensation of a TNC driver under this paragraph must be adjusted annually as provided under paragraph (f) and must be paid in a per minute, per mile format, as follows:

 

(1) $1.27 per mile and $0.49 per minute for any transportation of a rider by a driver;

 

(2) if applicable, an additional $0.91 per mile for any transportation of a rider by a driver in a vehicle that is subject to the requirements in sections 299A.11 to 299A.17, regardless of whether a wheelchair securement device is used;

 

(3) if a trip request is canceled by a rider or a TNC after the driver has already departed to pick up a rider, 80 percent of any cancellation fee paid by the rider; and

 

(4) at minimum, compensation of $5.00 for any transportation of a rider by a driver.

 

(b) A TNC must pay a driver the minimum compensation required under this section over a reasonable earnings period not to exceed 14 calendar days.  The minimum compensation required under this section guarantees a driver a certain level of compensation in an earnings period that cannot be reduced.  Nothing in this section prevents a driver from earning, or a TNC from paying, a higher level of compensation.

 

(c) Any gratuities received by a driver from a rider or riders are the property of the driver and are not included as part of the minimum compensation required by this section.  A TNC must pay the applicable driver all gratuities received by the driver in an earnings period no later than the driver's next scheduled payment.

 

(d) For each earnings period, a TNC must compare a driver's earnings, excluding gratuities, against the required minimum compensation for that driver during the earnings period.  If the driver's earnings, excluding gratuities, in the earnings period are less than the required minimum compensation for that earnings period, the TNC must include an additional sum accounting for the difference in the driver's earnings and the minimum compensation no later than during the next earnings period.

 

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

 

(f) Beginning January 1, 2026, and each January 1 thereafter, the minimum compensation required under paragraph (a) must be adjusted annually by the same process as the statewide minimum wage under section 177.24, subdivision 1.

 

Sec. 5.  [181C.04] DEACTIVATION.

 

Subdivision 1.  Deactivation policy; requirements.  (a) A TNC must maintain a written plain-language deactivation policy that provides the policies and procedures for deactivation.  The TNC must make the deactivation policy available online and through the TNC's digital platform.  Updates or changes to the policy must be provided to drivers at least 48 hours before the update or change goes into effect.

 

(b) The deactivation policy must be provided in English, Amharic, Arabic, Hmong, Oromo, Somali, and Spanish.  TNCs operating in Minnesota must consider updating the languages in which they offer the deactivation policy each year.

 

(c) The deactivation policy must:

 

(1) state that the deactivation policy is enforceable as a term of the TNC's contract with a driver;


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16176

(2) provide drivers with a reasonable understanding of the circumstances that constitute a violation that may warrant deactivation under the deactivation policy and indicate the consequences known, including the specific number of days or range of days for a deactivation if applicable;

 

(3) describe fair and reasonable procedures for notifying a driver of a deactivation and the reason for the deactivation;

 

(4) describe fair, objective, and reasonable procedures and eligibility criteria for the reconsideration of a deactivation decision and the process by which a driver may request a deactivation appeal with the TNC, consistent with subdivision 5; and

 

(5) be specific enough for a driver to understand what constitutes a violation of the policy and how to avoid violating the policy.

 

(d) Serious misconduct must be clearly defined in the TNC deactivation policy.

 

Subd. 2.  Prohibitions for deactivation.  A TNC must not deactivate a driver for:

 

(1) a violation not reasonably understood as part of a TNC's written deactivation policy;

 

(2) a driver's ability to work a minimum number of hours;

 

(3) a driver's acceptance or rejection of a ride, as long as the acceptance or rejection is not for a discriminatory purpose;

 

(4) a driver's good faith statement regarding compensation or working conditions made publicly or privately; or

 

(5) a driver asserting their legal rights under any local, state, or federal law.

 

Subd. 3.  Written notice and warning.  (a) The TNC must provide notice at the time of the deactivation or, for deactivations based on serious misconduct, notice within three days of the deactivation.  A written notice must include:

 

(1) the reason for deactivation;

 

(2) anticipated length of the deactivation, if known;

 

(3) the day the deactivation started;

 

(4) an explanation of whether or not the deactivation can be reversed and clear steps for the driver to take to reverse a deactivation;

 

(5) instructions for a driver to challenge the deactivation and information on their rights under the appeals process provided under subdivision 5; and

 

(6) a notice that the driver has a right to assistance and information on how to contact a driver advocacy group as provided in subdivision 4 to assist in the deactivation appeal process, including the telephone number and website information for one or more driver advocacy groups.

 

(b) The TNC must provide a warning to a driver if the driver's behavior could result in a future deactivation.  A TNC does not need to provide a warning for behavior that constitutes serious misconduct.


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16177

Subd. 4.  Driver advocacy organizations.  (a) A TNC must contract with a driver's advocacy organization to provide services to drivers under this section.  A driver advocacy group identified in the notice must be an independent, not-for-profit organization operating without excessive influence from the TNC.  The TNC must not have any control or influence over the day-to-day operations of the advocacy organization or the organization's staff or management or have control or influence over who receives assistance on specific cases or how assistance is provided in a case.  The organization must have been established and operating in Minnesota continuously for at least two years and be capable of providing culturally competent driver representation services, outreach, and education.

 

(b) The driver advocacy groups must provide, at no cost to the drivers, assistance with:

 

(1) deactivation appeals;

 

(2) education and outreach to drivers regarding the drivers' rights and remedies available to them under the law; and

 

(3) other technical or legal assistance on issues related to providing services for the TNC and riders.

 

Subd. 5.  Request for appeal.  (a) The deactivation policy must provide the driver with an opportunity to appeal the deactivation upon receipt of the notice and an opportunity to provide information to support the request.  An appeal process must provide the driver with no less than 30 days to appeal the deactivation and allow the driver to have the support of an advocate or attorney.

 

(b) A TNC must review and rule on the appeal within 15 days from the receipt of the requested appeal and information to support the request.  A TNC may use a third party to assist with appeals.

 

(c) The TNC must consider any information presented by the driver under the appeal process.  For a deactivation to be upheld, there must be evidence under the totality of the circumstances to find that it is more likely than not that a rule violation subjecting the driver to deactivation has occurred.

 

(d) This section does not affect deactivations for economic reasons or during a public state of emergency that are not targeted at a particular driver or drivers.

 

(e) When an unintentional deactivation of an individual driver occurs due to a purely technical issue and is not caused by any action or fault of the driver, the driver, upon request, must be provided reasonable compensation for the period of time the driver was not able to accept rides through the TNC capped at a maximum of 21 days.  For the purposes of this paragraph, "reasonable compensation" means compensation for each day the driver was deactivated using the driver's daily average in earnings from the TNC for the 90 days prior to the deactivation.

 

Subd. 6.  Prior deactivations.  Consistent with the deactivation policy created under this section, a driver who was deactivated after January 1, 2021, but before November 1, 2024, and who has not been reinstated may request an appeal of the deactivation under this section, if the driver provides notice of the appeal within 90 days of the date of enactment.  The TNC may take up to 90 days to issue a final decision.

 

EFFECTIVE DATE.  This section is effective November 1, 2024, and applies to deactivations that occur on or after that date except as provided in subdivision 6.

 

Sec. 6.  [181C.05] ENFORCEMENT.

 

(a) The commissioner may issue an order under section 177.27, subdivision 4, requiring a TNC to comply with sections 181C.02 and 181C.03 under section 177.27, subdivision 4.


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16178

(b) A contract provision already in or added to the contract between a TNC and a driver that violates this chapter is void and unenforceable.  A driver may bring an action in district court if a provision of a contract between a TNC and a driver violates this chapter.

 

(c) A TNC must not retaliate against or discipline a driver for (1) raising a complaint under this chapter, or (2) pursuing enactment or enforcement of this chapter.  A TNC must not give less favorable or more favorable rides to a driver for making public or private comments supporting or opposing working conditions or compensation at a TNC.

 

Sec. 7.  [181C.06] DISCRIMINATION PROHIBITED.

 

(a) A TNC must not discriminate against a TNC driver or a qualified applicant to become a driver, due to race, national origin, color, creed, religion, sex, disability, sexual orientation, marital status, or gender identity.  Nothing in this section prohibits providing a reasonable accommodation to a person with a disability, for religious reasons, due to pregnancy, or to remedy previous discriminatory behavior.

 

(b) A TNC driver injured by a violation of this section is entitled to the remedies under sections 363A.28 to 363A.35.

 

Sec. 8.  [181C.07] COLLECTIVE BARGAINING; EMPLOYMENT STATUS.

 

Notwithstanding any law to the contrary, nothing in this chapter prohibits collective bargaining or must be construed to alter whether a TNC is an employer of a TNC driver or whether a TNC driver is an employee.

 

Sec. 9.  [181C.08] ARBITRATION; REQUIREMENTS.

 

(a) A TNC must provide a driver with the option to opt out of arbitration.

 

(b) The rights and remedies established in this chapter must be the governing law in an arbitration between a driver operating in Minnesota and a TNC.  The application of the rights and remedies available under chapter 181C cannot be waived by a driver prior to or at the initiation of an arbitration between a driver and a TNC.  Arbitration with a Minnesota driver should use Minnesota as the venue, but an arbitration that cannot take place in the state of Minnesota must allow the driver to appear via phone or other electronic means and apply the rights and remedies available under chapter 181C.  Arbitrators must be jointly selected using the list provided by the Minnesota Supreme Court for alternative dispute resolution.  Consistent with the rules and guidelines provided by the American Arbitrators Association, if the parties are unable to agree on an arbitrator through this selection process, the case manager may administratively appoint the arbitrator or arbitrators.

 

(c) Contracts that have already been executed must have an addendum provided to each driver that includes a copy of this chapter and notice that a driver may elect to pursue the remedies provided in this chapter.

 

Sec. 10.  [181C.09] REVOCATION OF LICENSE.

 

A local unit of government may refuse to issue a license or may revoke a license and right to operate issued to a TNC by the local unit of government for a TNC's failure to comply with the requirements of this chapter.

 

Sec. 11.  APPROPRIATION.

 

$173,000 in fiscal year 2025 is appropriated from the general fund to the commissioner of labor and industry for the purposes of enforcement, education, and outreach of Minnesota Statutes, sections 181C.02 and 181C.03.  Beginning in fiscal year 2026, the base amount is $123,000 each fiscal year."


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16179

Delete the title and insert:

 

"A bill for an act relating to labor; regulating transportation network companies, providing a civil cause of action; appropriating money; amending Minnesota Statutes 2022, section 65B.472; proposing coding for new law as Minnesota Statutes, chapter 181C."

 

 

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

 

      The report was adopted.

 

 

Olson, L., from the Committee on Ways and Means to which was referred:

 

H. F. No. 5162, A bill for an act relating to capital investment; authorizing spending to acquire and better land and buildings and for other improvements of a capital nature with certain conditions; establishing and modifying programs; canceling prior appropriations; appropriating money; amending Minnesota Statutes 2022, sections 16A.86, subdivisions 3a, 4; 16B.325, as amended; 16B.335, subdivision 4; Minnesota Statutes 2023 Supplement, section 174.38, subdivision 3; Laws 2023, chapter 71, article 1, section 6, subdivision 4; proposing coding for new law in Minnesota Statutes, chapters 16A; 16B; 144; 473.

 

Reported the same back with the following amendments:

 

Page 2, line 14, delete "23,025,000" and insert "23,425,000"

 

Page 2, line 19, delete "5,050,000" and insert "10,050,000"

 

Page 3, after line 6, insert:

 

      "Subd. 4.  City of St. Paul; Planning and Economic Development

 

 

 

5,000,000

 

(a) For a grant to the city of St. Paul Department of Planning and Economic Development to improve the livability, economic health, and safety of communities within the Capitol Area.  The city of St. Paul must consult with the Capitol Area Architectural and Planning Board prior to the expenditure of these funds.

 

(b) On or before October 1, 2025, the city of St. Paul and the Capitol Area Architectural and Planning Board must jointly report to the speaker of the house, the majority leader of the senate, the house minority leader, and the senate minority leader on the expenditure of the funds appropriated under this section."

 

Page 3, line 7, delete "4,080,000" and insert "3,780,000"

 

Page 3, line 10, delete everything after the period

 

Page 3, line 11, delete everything before "this"

 

Page 3, line 12, delete everything before "ash" and insert "is for removal and replacement of"


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16180

Page 3, delete section 6

 

Page 5, line 28, delete "and"

 

Page 5, after line 28, insert: 

 

"(9) whether the political subdivision has a capital improvement plan process that meets the criteria for exemption under section 16B.336, subdivision 5, paragraph (b); and"

 

Page 5, line 29, delete "(9)" and insert "(10)"

 

Page 8, line 3, before "space" insert "the"

 

Page 8, line 6, delete everything after "means" and insert "major renovation of a building or construction of a new building that meets the requirements under this section."

 

Page 8, delete line 7

 

Page 9, line 23, delete "(a)"

 

Page 9, delete lines 27 to 29

 

Page 10, line 20, after "for" insert "assistance with" and delete "subdivision 5" and insert "this subdivision and subdivisions 5 to 9"

 

Page 12, line 7, delete everything after "process" and insert "; and"

 

Page 12, delete line 8

 

Page 12, line 9, delete "; and" and insert a period

 

Page 12, delete lines 10 and 11

 

Page 12, line 26, before "year" insert "odd-numbered"

 

Page 13, line 15, delete "REPLACEMENT" and insert "PRESERVATION"

 

Page 13, after line 22, insert:

 

"(d) "Capital project grant agreement" means a grant agreement for a capital project subject to section 16A.642, 16A.695, or 16A.86, and funded in whole or in part by a direct appropriation of state money."

 

Reletter the paragraphs in sequence

 

Page 13, line 27, delete "Replacement" and insert "Preservation"

 

Page 13, line 29, delete "replacement" and insert "preservation"

 

Page 14, line 6, delete "replacement" and insert "preservation"

 

Page 14, line 7, delete "replacement" and insert "preservation"


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16181

Page 14, line 9, delete "replacement" and insert "preservation"

 

Page 14, line 19, delete "replacement" and insert "preservation"

 

Page 14, line 23, delete "replacement" and insert "preservation"

 

Page 14, line 25, delete "replacement" and insert "preservation"

 

Page 14, line 27, delete "replacement" and insert "preservation"

 

Page 14, line 28, delete everything before "any"

 

Page 14, line 29, delete "replacement" and insert "preservation"

 

Page 14, line 33, delete everything after the first "capital" and insert "assets and future capital projects, including those subject to section 16A.642, 16A.695, or 16A.86, through an annual capital improvement plan process and publishes an annual capital improvement plan document that forecasts at least ten years of known capital projects for use in budget forecasting to enhance long-term financial stability."

 

Page 15, delete lines 1 and 2

 

Page 15, line 3, after "that" insert ", in the year the capital project grant agreement is entered into,"

 

Page 15, line 10, after the period, insert "Failure of a grantee to comply with the requirements of this section shall not constitute an event of default under a capital project grant agreement."

 

Page 15, delete section 7

 

Page 16, after line 28, insert:

 

"(b) "Metropolitan area" has the meaning given under section 473.121, subdivision 2."

 

Reletter the paragraphs in sequence

 

Page 17, line 6, before "and" insert "owners of private property in the metropolitan area,"

 

Page 17, line 18, delete "or blocks" and insert "group"

 

Page 17, line 19, delete "of 70 percent or greater" and insert "in the 70th percentile or higher within the state of Minnesota"

 

Page 17, line 25, before "and" insert "owners of private property in the metropolitan area,"

 

Page 19, after line 7, insert:

 

"Sec. 11.  CAPITOL MALL DESIGN FRAMEWORK IMPLEMENTATION.

 

Notwithstanding Laws 2023, chapter 62, article 1, section 11, subdivision 2, the appropriation to implement the updated Capitol Mall Design Framework is available until June 30, 2025.


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16182

Sec. 12.  REPEALER.

 

Laws 2023, chapter 53, article 17, section 2, is repealed."

 

Renumber the sections in sequence

 

Correct the title numbers accordingly

 

 

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. 5220, A bill for an act relating to capital investment; authorizing spending to acquire and better public land and buildings and for other improvements of a capital nature with certain conditions; establishing new programs and modifying existing programs; modifying and canceling prior appropriations; authorizing the sale and issuance of state bonds; appropriating money; amending Minnesota Statutes 2023 Supplement, sections 256E.37, subdivision 1; 462A.395; 473.5491, subdivisions 1, 2, 4; Laws 2023, chapter 71, article 1, section 14, subdivision 21; proposing coding for new law in Minnesota Statutes, chapters 16B; 84; 115B; 144; 446A; 473; repealing Minnesota Statutes 2022, sections 16A.662; 116J.417, subdivision 9.

 

Reported the same back with the following amendments:

 

Page 2, line 18, delete "64,000,000" and insert "40,000,000"

 

Page 2, delete subdivision 2 and insert:

 

      "Subd. 2.  Higher Education Asset Preservation and Replacement (HEAPR)

 

 

40,000,000

 

To be spent in accordance with Minnesota Statutes, section 135A.046.

 

This appropriation must be used to fully fund improvements and betterments of a capital nature required to complete the following projects:

 

(1) critical utility infrastructure improvements for the heating plant on the Crookston campus;

 

(2) the repair or replacement of the HVAC system in the Library Annex facility on the Duluth campus and other capital improvements to comply with federal, state, and local building code requirements;

 

(3) improvements to the Multi-Ethnic Resource Center, originally constructed in 1899, on the Morris campus; and


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16183

(4) the replacement of the pedestrian enclosure and suicide deterrent barriers on the Washington Avenue Pedestrian Bridge on the Twin Cities campus.  The board must consult with persons impacted by suicide at this bridge, suicide prevention organizations, and experts in the field of suicide prevention in designing the project."

 

Page 3, line 24, delete "64,000,000" and insert "40,000,000"

 

Page 3, line 29, delete "64,000,000" and insert "40,000,000"

 

Page 3, line 32, delete "302,699,000" and insert "382,121,000"

 

Page 4, line 1, before "To" insert "(a)"

 

Page 4, after line 3, insert:

 

"(b) Of this amount, $1,000,000 is for a grant to the city of Clara City to predesign, design, construct, furnish, and equip a new library building."

 

Page 4, line 5, delete "7,500,000" and insert "1,227,000"

 

Page 4, line 8, delete "3,000,000" and insert "1,227,000"

 

Page 4, delete subdivision 3

 

Page 4, line 20, delete "4,000,000" and insert "1,000,000"

 

Page 4, line 27, delete "65,500,000" and insert "48,400,000"

 

Page 5, line 6, delete "20,000,000" and insert "15,000,000"

 

Page 5, delete subdivision 3 and insert:

 

      "Subd. 3.  Badoura State Forest Nursery

 

 

 

18,000,000

 

To predesign, design, and construct facility capital improvements and associated facility components at the Badoura State Forest Nursery."

 

Page 5, line 29, delete "3,000,000" and insert "5,000,000"

 

Page 6, line 21, delete "8,000,000" and insert "6,000,000"

 

Page 6, line 25, delete "2,500,000" and insert "2,400,000"

 

Page 7, line 12, delete "12,000,000" and insert "8,000,000"

 

Page 7, line 16, delete "4,000,000" and insert "8,000,000"


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16184

Page 7, delete subdivision 3

 

Page 7, line 24, delete "9,862,000" and insert "6,500,000"

 

Page 7, line 28, delete "3,862,000" and insert "2,500,000"

 

Page 8, line 20, delete "6,000,000" and insert "4,000,000"

 

Page 9, line 14, delete "32,344,000" and insert "27,844,000"

 

Page 9, delete lines 18 to 22 and insert:

 

"To design, construct, and equip improvements to bring a portion of the tunnel under Rev.  Dr.  Martin Luther King Jr.  Boulevard and to the east to the State Capitol into compliance with the Americans with Disabilities Act."

 

Page 10, line 11, delete "8,000,000" and insert "3,500,000"

 

Page 10, line 17, delete everything after "nature" and insert "within the Capitol Area,"

 

Page 10, line 18, delete everything before "consistent"

 

Page 10, line 21, delete everything after the period

 

Page 10, delete lines 22 to 24

 

Page 10, line 26, delete "9,226,000" and insert "7,000,000"

 

Page 10, line 30, delete "9,226,000" and insert "6,000,000"

 

Page 11, after line 2, insert:

 

      "Subd. 3.  Mighty Ducks

 

 

 

1,000,000

 

For grants to local government units under Minnesota Statutes, section 240A.09, paragraph (b), for projects that eliminate R-22."

 

Page 11, line 23, delete "45,700,000" and insert "94,621,000"

 

Page 11, line 27, delete "37,700,000" and insert "35,000,000"

 

Page 11, line 31, delete "8,000,000" and insert "3,000,000"

 

Page 12, after line 4, insert:

 

      "Subd. 4.  Local Bridge Replacement and Rehabilitation

 

 

20,000,000

 

From the bond proceeds account in the state transportation fund to match federal money and to replace or rehabilitate local deficient bridges as provided in Minnesota Statutes, section 174.50.


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16185

         Subd. 5.  Local Road Improvement Fund Grants

 

 

 

36,621,000

 

From the bond proceeds account in the state transportation fund as provided in Minnesota Statutes, section 174.50, for eligible trunk highway corridor improvement projects under Minnesota Statutes, section 174.52, subdivision 2; for construction and reconstruction of local roads with statewide or regional significance under Minnesota Statutes, section 174.52, subdivision 4; or for grants to counties to assist in paying the costs of rural road safety capital improvement projects on county state-aid highways under Minnesota Statutes, section 174.52, subdivision 4a.  Of this appropriation, $5,000,000 is for projects on town roads."

 

Page 12, line 6, delete "31,000,000" and insert "14,125,000"

 

Page 12, line 10, delete "15,000,000" and insert "10,000,000"

 

Page 12, line 13, delete "8,000,000" and insert "4,125,000"

 

Page 12, delete lines 22 to 24

 

Page 12, line 26, delete "20,266,000" and insert "12,500,000"

 

Page 12, line 30, delete "12,266,000" and insert "8,000,000"

 

Page 13, line 12, delete "8,000,000" and insert "4,500,000"

 

Page 13, delete section 18

 

Page 13, line 22, delete "28,857,000" and insert "25,045,000"

 

Page 13, line 25, delete "12,812,000" and insert "9,000,000"

 

Page 14, line 7, delete "114,024,000" and insert "86,585,000"

 

Page 14, line 10, delete "60,000,000" and insert "40,000,000"

 

Page 14, delete subdivision 4

 

Renumber the subdivisions in sequence

 

Page 15, line 26, delete "57,000,000" and insert "100,011,000"

 

Page 16, line 3, delete "8,000,000" and insert "35,484,000"

 

Page 16, lines 7 and 11, delete "$4,000,000" and insert "$17,742,000"


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16186

Page 16, after line 21, insert:

 

      "Subd. 4.  Point Source Implementation Grants Program

 

 

18,527,000

 

For grants to eligible municipalities under the point source implementation grants program under Minnesota Statutes, section 446A.073.  This appropriation must be used for qualified capital projects."

 

Renumber the subdivisions in sequence

 

Page 16, line 23, delete "10,000,000" and insert "7,000,000"

 

Page 16, line 29, delete "36,500,000" and insert "14,500,000"

 

Page 17, line 1, delete "32,000,000" and insert "10,000,000"

 

Page 17, line 26, delete "5,588,000" and insert "6,588,000"

 

Page 18, after line 2, insert:

 

      "Subd. 3.  County and Local Preservation Grants

 

 

 

1,000,000

 

For grants to county and local jurisdictions as matching money for historic preservation projects of a capital nature, as provided in Minnesota Statutes, section 138.0525."

 

Page 18, line 10, before the period, insert ", to facilitate the university's goal of returning this land to the Fond du Lac Band of Lake Superior Chippewa"

 

Page 18, line 15, delete "all"

 

Page 18, line 28, delete "$947,550,000" and insert "$898,629,000"

 

Page 18, line 33, delete "$37,700,000" and insert "$86,621,000"

 

Page 21, line 23, delete "or blocks" and insert "group"

 

Page 21, line 24, delete "of 70 percent or greater" and insert "in the 70th percentile or higher within the state of Minnesota"

 

Page 22, line 12, delete "or blocks" and insert "group"

 

Page 22, line 13, delete "of 70 percent or greater" and insert "in the 70th percentile or higher within the state of Minnesota"

 

Page 23, line 5, delete "transferred to" and insert "deposited by" and after "commissioner" insert "in the statewide drinking water contamination mitigation account in the special revenue fund for the purpose of funding additional projects under this section."

 

Page 23, delete line 6


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16187

Page 23, delete section 4

 

Page 25, line 20, delete "or blocks" and insert "group"

 

Page 25, line 21, delete "of 70 percent or greater" and insert "in the 70th percentile or higher within the state of Minnesota"

 

Page 27, delete section 8

 

Page 29, lines 14 and 21, delete "or blocks" and insert "group"

 

Page 29, lines 15 and 22, delete "of 70 percent or greater" and insert "in the 70th percentile or higher within the state of Minnesota"

 

Page 30, line 4, before the period, insert "to facilitate the university's goal of returning this land, and similarly situated land currently owned by the university, to the Fond du Lac Band of Lake Superior Chippewa"

 

Renumber the sections in sequence and correct the internal references

 

Correct the title numbers accordingly

 

 

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

 

      The report was adopted.

 

 

SECOND READING OF HOUSE BILLS

 

 

      H. F. Nos. 5162 and 5220 were read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

      Lawrence introduced:

 

H. F. No. 5462, A bill for an act relating to capital investment; appropriating money to replace an old, antiquated community wastewater facility in Baldwin Township with a new wastewater treatment plant to address environmental and human health issues; authorizing the sale and issuance of state bonds.

 

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


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16188

Clardy and Virnig introduced:

 

H. F. No. 5463, A bill for an act relating to natural resources;  appropriating money for grants for accessible school playgrounds; requiring a report.

 

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

 

 

Hussein introduced:

 

H. F. No. 5464, A bill for an act relating to economic development; establishing the Rondo Restorative Development Authority for the operations of a land bridge in the Rondo neighborhood of St. Paul; proposing coding for new law in Minnesota Statutes, chapter 116J.

 

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

 

 

      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 Speaker pro tempore Her.

 

 

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

 

 

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 13, 2024 and established a prefiling requirement for amendments offered to the following bills:

 

      S. F. No. 37; and H. F. Nos. 3276 and 4657.

 

 

CALENDAR FOR THE DAY

 

 

      H. F. No. 5246 was reported to the House.


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16189

Feist moved to amend H. F. No. 5246, the second engrossment, as follows:

 

Page 1, delete lines 13 to 19

 

Page 2, delete lines 1 to 17 and insert:

 

"(d) "Participating county" means a county that meets the requirements of subdivision 2."

 

Page 2, after line 20, insert:

 

"Subd. 2.  Requirements of participating counties.  If a county elects to participate in the settlement, or is deemed to elect to participate in the settlement under subdivision 4, the county must agree:

 

(1) to provide the claims administrator administering the settlement with all public property tax records reasonably necessary to effectuate the settlement agreement by August 1, 2024;

 

(2) to make a good faith effort to sell all properties that forfeited between the applicable start date and December 31, 2023, other than those that are classified as conservation lands, those that are part of a rehabilitation program, and those in which title is no longer held in trust by the state of Minnesota for taxing districts;

 

(3) that for any sale made under clause (2):

 

(i) the county will conduct an auction of the property, either in person or online; list the property through a private broker; or, if the property meets the criteria in Minnesota Statutes, section 282.01, subdivision 7a, sell the property pursuant to that subdivision;

 

(ii) the sale will be for no less than its appraised value;

 

(iii) the sale will be for cash only and not on terms; and

 

(iv) notwithstanding any provision of Minnesota Statutes, chapter 282, to the contrary, for any property sold on or after the effective date of this section, 75 percent of the proceeds of any sale on or before June 30, 2027, and 85 percent of the proceeds of any sale on or after July 1, 2027, and on or before June 30, 2029, will be remitted to the commissioner for deposit in the general fund and the remaining proceeds will be retained by the county to be used for any permissible purpose; and

 

(4) that any properties subject to sale under clause (2) that remain unsold on June 30, 2029, must continue to be managed under the laws governing tax-forfeited lands until they are disposed of under those laws."

 

Page 2, line 22, delete "1, paragraph (d),"

 

Page 2, line 23, delete "clause (4)" and insert "2, clause (3)"

 

Page 3, line 12, delete "1, paragraph (d), clause (4)" and insert "2, clause (3)"

 

Renumber the subdivisions in sequence

 

 

      The motion prevailed and the amendment was adopted.


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16190

         H. F. No. 5246, A bill for an act relating to state finance; establishing a tax-forfeited lands settlement account; transferring money; requiring reports; appropriating money.

 

 

      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 127 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Agbaje

Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Bahner

Bakeberg

Baker

Becker-Finn

Bennett

Berg

Bierman

Brand

Burkel

Carroll

Cha

Clardy

Coulter

Curran

Davis

Demuth

Dotseth

Edelson

Elkins

Engen

Feist

Finke

Fischer

Fogelman

Franson

Frazier

Frederick

Freiberg

Garofalo

Gillman

Gomez

Greenman

Grossell

Hansen, R.

Hanson, J.

Harder

Hassan

Heintzeman

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Hudson

Huot

Hussein

Igo

Jacob

Johnson

Jordan

Joy

Keeler

Kiel

Klevorn

Knudsen

Koegel

Kotyza-Witthuhn

Kozlowski

Koznick

Kraft

Kresha

Lawrence

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.

Pérez-Vega

Perryman

Petersburg

Pfarr

Pinto

Pryor

Pursell

Quam

Rarick

Rehm

Reyer

Schomacker

Schultz

Scott

Sencer-Mura

Skraba

Smith

Stephenson

Swedzinski

Tabke

Torkelson

Urdahl

Vang

Virnig

West

Wiener

Wiens

Witte

Wolgamott

Xiong

Youakim

Zeleznikar

Spk. Hortman


 

 

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

 

 

      H. F. No. 4984, A memorial resolution requesting the Joint Committee on the Library of Congress of the United States Congress to approve replacement of the statue of Henry Mower Rice now on display in National Statuary Hall in the Capitol of the United States.

 

 

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

 

      The question was taken on the passage of the bill and the roll was called.  There were 98 yeas and 25 nays as follows:

 

      Those who voted in the affirmative were:

 


Agbaje

Anderson, P. E.

Anderson, P. H.

Bahner

Baker

Becker-Finn

Berg

Bierman

Brand

Burkel

Carroll

Cha

Clardy

Coulter

Curran

Dotseth

Edelson

Elkins

Engen

Feist

Finke

Fischer

Fogelman

Franson

Frazier

Frederick

Freiberg

Garofalo

Gomez

Greenman


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16191

Grossell

Hansen, R.

Hanson, J.

Harder

Hassan

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Huot

Hussein

Igo

Jordan

Keeler

Kiel

Klevorn

Koegel

Kotyza-Witthuhn

Kozlowski

Kraft

Lawrence

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

McDonald

Moller

Myers

Nash

Nelson, M.

Nelson, N.

Newton

Niska

Noor

Norris

Novotny

O'Driscoll

Olson, L.

Pérez-Vega

Petersburg

Pinto

Pryor

Pursell

Rarick

Rehm

Reyer

Scott

Sencer-Mura

Skraba

Smith

Stephenson

Tabke

Urdahl

Vang

Virnig

West

Wiens

Witte

Wolgamott

Xiong

Youakim

Zeleznikar

Spk. Hortman


 

      Those who voted in the negative were:

 


Altendorf

Backer

Bennett

Davis

Demuth

Gillman

Heintzeman

Jacob

Johnson

Joy

Knudsen

Koznick

Kresha

Mekeland

Mueller

Murphy

Neu Brindley

Olson, B.

Perryman

Pfarr

Schomacker

Schultz

Swedzinski

Torkelson

Wiener


 

 

      The bill was passed and its title agreed to.

 

 

      S. F. No. 4699 was reported to the House.

 

 

Bierman moved to amend S. F. No. 4699, the unofficial engrossment, as follows:

 

Page 321, after line 9, insert:

 

"Sec. 9.  Minnesota Statutes 2022, section 383B.908, subdivision 7, is amended to read:

 

Subd. 7.  Dissolution or reorganization of corporation.  (a) The county board shall retain the right to dissolve the corporation, reorganize the corporation, or remove the majority of or the entire corporate board in order to resume management of Hennepin County Medical Center upon:  (1) a two-thirds vote of the entire county board; and (2) identification of one or more of the following:  (i) a crime committed by the corporate board; (ii) a violation by the corporate board of ethical and legal duties as specified in section 383B.905; or (iii) repeated failure by the corporate board to act in the best interests of the corporation.

 

(b) The county board must comply with subdivision 8 before taking any action to dissolve the corporation, reorganize the corporation, or remove the majority of or the entire corporate board.

 

Sec. 10.  Minnesota Statutes 2022, section 383B.908, is amended by adding a subdivision to read:

 

Subd. 8.  Investigation.  (a) The county board must conduct a formal investigation into the acts identified by the county board under subdivision 7, paragraph (a), before taking any action to dissolve the corporation, reorganize the corporation, or remove the majority of or the entire corporate board.  As part of the formal investigation, the county board must:

 

(1) at least 90 business days before taking any action to dissolve the corporation, reorganize the corporation, or remove the majority of or the entire corporate board, provide notice to the corporate board of the county board's proposed action and identify the specific acts that constitute grounds for the proposed action;


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16192

(2) accept a response from the corporate board, within 45 business days after the corporate board receives the notice and information required under clause (1), to the allegations by the county board.  In its response, the corporate board may present any mitigating factors or defenses to the allegations; and

 

(3) assess the legal and practical implications of the proposed action, including how the proposed action would affect obligations to creditors, existing contracts, outstanding bond obligations, accredited programs and services, research and education commitments, reimbursements, regulatory requirements, clinical care and patients, especially patients covered by public programs who have complicated care needs, other providers and health systems, and critical statewide services such as the Minnesota Poison Control System and the emergency preparedness resources hub.

 

(b) Following the formal investigation, the county board must evaluate the results of the investigation and must develop a written plan detailing the procedures for the proposed action in a manner that provides continuity and minimal disruption to the items in paragraph (a), clause (3).  The county board must hold a public hearing on the plan and must provide an opportunity for public testimony at the hearing.  The county board may implement the proposed action only if it finds there is sufficient evidence to support a finding of a crime committed by the corporate board, a violation by the corporate board of ethical and legal duties as specified in section 383B.905, or repeated failure by the corporate board to act in the best interests of the corporation to warrant taking the proposed action.

 

Sec. 11.  Minnesota Statutes 2022, section 383B.922, is amended to read:

 

383B.922 LEGAL COUNSEL.

 

Subdivision 1.  Hennepin County attorney.  With respect to the provisions of section 388.051, the corporation shall be deemed a part of Hennepin County for purposes of the Hennepin County attorney serving as legal counsel to the corporation; provided, however, that the corporation and the Hennepin County attorney may enter into an arrangement with respect to the hiring of outside counsel on behalf of the corporation.  The corporation shall reimburse the county for legal services provided by the Hennepin County attorney, including any and all costs, and the reimbursement shall be credited to the budget of the Hennepin County attorney.

 

Subd. 2.  Separate legal counsel; investigation.  Notwithstanding subdivision 1, upon written notification to the county board, the corporate board may hire separate legal counsel to represent the corporate board and the corporation in matters related to an investigation under section 383B.908, subdivision 8.  Approval from the county board or the Hennepin County attorney is not required."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

Neu Brindley moved to amend the Bierman amendment to S. F. No. 4699, the unofficial engrossment, as follows:

 

Page 1, line 22, after "board" insert "and to the commissioner of health"

 

 

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

 

 

      The question recurred on the Bierman amendment, as amended, to S. F. No. 4699, the unofficial engrossment.  The motion prevailed and the amendment, as amended, was adopted.


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16193

Liebling moved to amend S. F. No. 4699, the unofficial engrossment, as amended, as follows:

 

Page 189, line 20, after "governor" insert ".  At least one of the public members must reside outside the metropolitan counties listed in section 473.121, subdivision 4"

 

Page 189, line 28, delete "one member" and insert "two members" and delete "one member" and insert "two members"

 

Page 190, line 1, after "house" insert "and the house minority leader" and after "must" insert "each"

 

Page 190, line 2, delete everything after "council" and insert ".  The senate majority leader and the senate minority leader"

 

Page 190, line 3, after "must" insert "each"

 

 

      The motion prevailed and the amendment was adopted.

 

 

Zeleznikar moved to amend S. F. No. 4699, the unofficial engrossment, as amended, as follows:

 

Page 172, after line 5, insert:

 

"Sec. 28.  Minnesota Statutes 2023 Supplement, section 144.651, subdivision 10a, is amended to read:

 

Subd. 10a.  Designated support person for pregnant patient or other patient.  (a) Subject to paragraph (c), a health care provider and a health care facility must allow, at a minimum, one designated support person of a pregnant patient's choosing chosen by a patient, including but not limited to a pregnant patient, to be physically present while the patient is receiving health care services including during a hospital stay.

 

(b) For purposes of this subdivision, "designated support person" means any person chosen by the patient to provide comfort to the patient including but not limited to the patient's spouse, partner, family member, or another person related by affinity.  Certified doulas and traditional midwives may not be counted toward the limit of one designated support person.

 

(c) A facility may restrict or prohibit the presence of a designated support person in treatment rooms, procedure rooms, and operating rooms when such a restriction or prohibition is strictly necessary to meet the appropriate standard of care.  A facility may also restrict or prohibit the presence of a designated support person if the designated support person is acting in a violent or threatening manner toward others.  Any restriction or prohibition of a designated support person by the facility is subject to the facility's written internal grievance procedure required by subdivision 20."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16194

Nadeau moved to amend S. F. No. 4699, the unofficial engrossment, as amended, as follows:

 

Page 66, line 4, delete "and" and before the period, insert "; and 62M.18" and after the period, insert "The commissioner shall comply with the requirements of section 62M.18 using existing appropriations."

 

 

      The motion prevailed and the amendment was adopted.

 

 

Baker moved to amend S. F. No. 4699, the unofficial engrossment, as amended, as follows:

 

Page 298, line 30, after "conditions" insert "or short-term illness"

 

Page 298, line 33, after the period, insert "In such circumstances, a qualified professional must not provide a residential group treatment service by telehealth from a location away from the licensed residential location for more than three consecutive days, and must document the reason for providing the remote telehealth service in the records of clients receiving the service."

 

 

      The motion prevailed and the amendment was adopted.

 

 

Reyer moved to amend S. F. No. 4699, the unofficial engrossment, as amended, as follows:

 

Page 61, line 17, strike "or"

 

Page 61, line 18, after the comma, insert "or an entity which is not a nonprofit corporation organized under chapter 317A or a local governmental unit and which holds a certificate of authority under sections 62D.01 to 62D.30 as of June 1, 2024,"

 

Page 62, after line 12, insert:

 

"Sec. 8.  Minnesota Statutes 2022, section 62D.03, is amended by adding a subdivision to read:

 

Subd. 1a.  Certificate of authority; for-profit corporation.  The commissioner of health must not issue a new certificate of authority to an entity to operate a health maintenance organization unless the entity is a nonprofit corporation organized under chapter 317A or a local governmental unit."

 

Page 62, line 16, after the period, insert "An entity:  (1) which is not a nonprofit corporation organized under chapter 317A or a local governmental unit; and (2) which holds a certificate of authority under sections 62D.01 to 62D.30 as of June 1, 2024, may continue to operate as a health maintenance organization for as long as the corporation holds a certificate of authority."

 

Page 62, delete section 9

 

Page 63, line 21, delete the comma and insert "; for nonprofit health maintenance organizations,"


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16195

Page 63, line 22, delete the comma and insert a semicolon

 

Page 65, delete section 16

 

Page 106, delete section 69

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      Pursuant to rule 2.05, Edelson was excused from voting on the Reyer amendment to S. F. No. 4699, the unofficial engrossment, as amended.

 

 

      The motion prevailed and the amendment was adopted.

 

 

Schomacker moved to amend S. F. No. 4699, the unofficial engrossment, as amended, as follows:

 

Page 106, after line 14, insert:

 

"Sec. 68.  CHANGES TO PRIOR AUTHORIZATION REQUIREMENTS.

 

If implementation of changes in this act to Minnesota Statutes, chapter 62M by the commissioner of Minnesota Management and Budget and the commissioner of human services results in additional agency costs above the amounts appropriated for that purpose in this act, the commissioner of Minnesota Management and Budget shall not include these additional costs in the next budget forecast as a forecasted expenditure, and shall not increase enrollee premiums under the State Employees Group Insurance Program under Minnesota Statutes, section 43A.24 to cover these additional costs.  These additional costs must be paid for out of existing appropriations to the commissioner of Minnesota Management and Budget and the commissioner of human services, or out of existing appropriations to the applicable state agency for employee health insurance coverage under Minnesota Statutes, section 43A.24."

 

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 Schomacker amendment and the roll was called.  There were 59 yeas and 67 nays as follows:

 

      Those who voted in the affirmative were:

 


Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Bakeberg

Baker

Bennett

Burkel

Davis

Demuth

Dotseth

Engen

Fogelman

Franson

Garofalo

Gillman

Grossell

Harder

Heintzeman

Hudson

Igo

Jacob

Johnson

Joy

Kiel

Knudsen

Koznick

Kresha

Lawrence

McDonald

Mekeland

Mueller

Murphy

Myers

Nadeau

Nash


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16196

Nelson, N.

Neu Brindley

Niska

Novotny

O'Driscoll

Olson, B.

Perryman

Petersburg

Pfarr

Quam

Rarick

Schomacker

Schultz

Scott

Skraba

Swedzinski

Torkelson

Urdahl

West

Wiener

Wiens

Witte

Zeleznikar


 

      Those who voted in the negative were:

 


Agbaje

Bahner

Becker-Finn

Berg

Bierman

Brand

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.

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Sencer-Mura

Smith

Stephenson

Tabke

Vang

Virnig

Wolgamott

Xiong

Youakim

Spk. Hortman


 

 

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

 

 

Perryman moved to amend S. F. No. 4699, the unofficial engrossment, as amended, as follows:

 

Page 115, line 10, delete "must" and insert "may"

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Perryman amendment and the roll was called.  There were 60 yeas and 67 nays as follows:

 

      Those who voted in the affirmative were:

 


Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Bakeberg

Baker

Bennett

Burkel

Davis

Demuth

Dotseth

Engen

Fogelman

Franson

Garofalo

Gillman

Grossell

Harder

Heintzeman

Hudson

Igo

Jacob

Johnson

Joy

Kiel

Knudsen

Koznick

Kresha

Lawrence

McDonald

Mekeland

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, N.

Neu Brindley

Newton

Niska

Novotny

O'Driscoll

Olson, B.

Perryman

Petersburg

Pfarr

Quam

Rarick

Schomacker

Schultz

Scott

Skraba

Swedzinski

Torkelson

Urdahl

West

Wiener

Wiens

Witte

Zeleznikar


 

      Those who voted in the negative were:

 


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


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16197

Koegel

Kotyza-Witthuhn

Kozlowski

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Moller

Nelson, M.

Noor

Norris

Olson, L.

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Sencer-Mura

Smith

Stephenson

Tabke

Vang

Virnig

Wolgamott

Xiong

Youakim

Spk. Hortman


 

 

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

 

 

Niska moved to amend S. F. No. 4699, the unofficial engrossment, as amended, as follows:

 

Page 50, delete section 18

 

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 Niska 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

Bakeberg

Baker

Bennett

Burkel

Davis

Demuth

Dotseth

Engen

Fogelman

Franson

Garofalo

Gillman

Grossell

Harder

Heintzeman

Hudson

Igo

Jacob

Johnson

Joy

Kiel

Knudsen

Koznick

Kresha

Lawrence

McDonald

Mekeland

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, N.

Neu Brindley

Niska

Novotny

O'Driscoll

Olson, B.

Perryman

Petersburg

Pfarr

Quam

Rarick

Schomacker

Schultz

Scott

Skraba

Swedzinski

Torkelson

Urdahl

West

Wiens

Witte

Zeleznikar


 

      Those who voted in the negative were:

 


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.

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Sencer-Mura

Smith

Stephenson

Tabke

Vang

Virnig

Wolgamott

Xiong

Youakim

Spk. Hortman


 

 

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


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16198

Nadeau moved to amend S. F. No. 4699, the unofficial engrossment, as amended, as follows:

 

Page 264, delete section 26 and insert:

 

"Sec. 26.  DIRECTION TO COMMISSIONER OF HUMAN SERVICES; MENTAL HEALTH SERVICES PAYMENT RATES.

 

(a) The commissioner of human services must identify the current procedural terminology (CPT) mental health services procedure codes with the highest utilization, based on the Minnesota Health Care Programs Outpatient Services Rates Study submitted to the legislature in January 2024.

 

(b) Within available appropriations, the commissioner must revise and implement payment rates for the mental health services identified under paragraph (a) rendered on or after January 1, 2025, so that the medical assistance payment rates are equal to 100 percent of the Medicare Physician Fee Schedule.

 

EFFECTIVE DATE.  This section is effective January 1, 2025, or upon federal approval, whichever is later.  The commissioner of human services shall notify the revisor of statutes when federal approval is obtained."

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Nadeau 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

Bakeberg

Baker

Bennett

Burkel

Davis

Demuth

Dotseth

Engen

Fogelman

Franson

Garofalo

Gillman

Grossell

Harder

Heintzeman

Hudson

Igo

Jacob

Johnson

Joy

Kiel

Knudsen

Koznick

Kresha

Lawrence

McDonald

Mekeland

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, N.

Neu Brindley

Niska

Novotny

O'Driscoll

Olson, B.

Perryman

Petersburg

Pfarr

Quam

Rarick

Schomacker

Schultz

Skraba

Swedzinski

Torkelson

Urdahl

West

Wiener

Wiens

Witte

Zeleznikar


 

      Those who voted in the negative were:

 


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.

Pérez-Vega

Pinto


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16199

Pryor

Pursell

Rehm

Reyer

Sencer-Mura

Smith

Stephenson

Tabke

Vang

Virnig

Wolgamott

Xiong

Youakim

Spk. Hortman


 

 

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

 

 

Novotny moved to amend S. F. No. 4699, the unofficial engrossment, as amended, as follows:

 

Page 179, after line 27, insert:

 

"Sec. 35.  Minnesota Statutes 2022, section 145.902, subdivision 1, is amended to read:

 

Subdivision 1.  General.  (a) For purposes of this section, a "safe place" means:

 

(1) a hospital licensed under sections 144.50 to 144.56,;

 

(2) a fire station that is staffed continuously, 24 hours per day, except when all staff are called on in an emergency and when the dual alarm system dispatches the nearest first responder to receive the infant as in any similar emergency;

 

(3) a health care provider who provides urgent care medical services, or;

 

(4) a newborn safety device installed by a safe place; or

 

(5) an ambulance service licensed under chapter 144E dispatched in response to a 911 call from a mother or a person with the mother's permission to relinquish a newborn infant.

 

(b) A safe place shall receive a newborn left with an employee on the premises of the safe place during its hours of operation or in a newborn safety device, provided that:

 

(1) the newborn infant was born within seven days of being left at the safe place, as determined within a reasonable degree of medical certainty; and

 

(2) the newborn infant is left in an unharmed condition.; and

 

(3) the newborn safety device:

 

(i) is designed to permit a parent to anonymously place a newborn infant in the device with the intent to leave the newborn;

 

(ii) allows an emergency medical services provider to remove the newborn infant from the device and take custody of the newborn infant;

 

(iii) is installed with an adequate dual alarm system connected to the physical location where the device is physically installed, and the dual alarm system is tested at least one time per month and visually checked at least two times per day to ensure the alarm system is in working order; and


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16200

(iv) is approved by the federal Food and Drug Administration and is physically located inside a participating fire station that is staffed 24 hours per day or a licensed hospital that is legally operating in the state and is staffed continuously on a 24-hour basis every day.  The safety device must be located in an area that is conspicuous and visible to the fire station or hospital staff.

 

(c) The safe place must not inquire as to the identity of the mother or the person leaving the newborn or call the police, provided the newborn is unharmed when presented to the hospital.  The safe place may ask the mother or the person leaving the newborn about the medical history of the mother or newborn but the mother or the person leaving the newborn is not required to provide any information.  The safe place may provide the mother or the person leaving the newborn with information about how to contact relevant social service agencies.  This information must be available for the relinquishing parent in the newborn safety device.

 

(d) A safe place that is a health care provider who provides urgent care medical services shall dial 911, advise the dispatcher that the call is being made from a safe place for newborns, and ask the dispatcher to send an ambulance or take other appropriate action to transport the newborn to a hospital.  An ambulance with whom a newborn is left shall transport the newborn to a hospital for care.  Hospitals must receive a newborn left with a safe place and make the report as required in subdivision 2."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      Speaker pro tempore Her called Tabke to the Chair.

 

 

      The question was taken on the Novotny amendment and the roll was called.  There were 61 yeas and 66 nays as follows:

 

      Those who voted in the affirmative were:

 


Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Bakeberg

Baker

Bennett

Burkel

Davis

Demuth

Dotseth

Engen

Fogelman

Franson

Garofalo

Gillman

Grossell

Harder

Heintzeman

Hudson

Igo

Jacob

Johnson

Joy

Kiel

Knudsen

Koznick

Kresha

Lawrence

Lislegard

McDonald

Mekeland

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, N.

Neu Brindley

Newton

Niska

Novotny

O'Driscoll

Olson, B.

Perryman

Petersburg

Pfarr

Quam

Rarick

Schomacker

Schultz

Scott

Skraba

Swedzinski

Torkelson

Urdahl

West

Wiener

Wiens

Witte

Zeleznikar


 

      Those who voted in the negative were:

 


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


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16201

Koegel

Kotyza-Witthuhn

Kozlowski

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Long

Moller

Nelson, M.

Noor

Norris

Olson, L.

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Sencer-Mura

Smith

Stephenson

Tabke

Vang

Virnig

Wolgamott

Xiong

Youakim

Spk. Hortman


 

 

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

 

 

Backer moved to amend S. F. No. 4699, the unofficial engrossment, as amended, as follows:

 

Page 19, after line 24, insert:

 

"Sec. 9.  Minnesota Statutes 2023 Supplement, section 256L.04, subdivision 10, is amended to read:

 

Subd. 10.  Citizenship requirements.  (a) Eligibility for MinnesotaCare is available limited to citizens or nationals of the United States; and lawfully present noncitizens as defined in Code of Federal Regulations, title 8, section 103.12; and undocumented noncitizens.  Undocumented noncitizens are ineligible for MinnesotaCare.  For purposes of this subdivision, an undocumented noncitizen is an individual who resides in the United States without the approval or acquiescence of the United States Citizenship and Immigration Services.  Families with children who are citizens or nationals of the United States must cooperate in obtaining satisfactory documentary evidence of citizenship or nationality according to the requirements of the federal Deficit Reduction Act of 2005, Public Law 109-171.

 

(b) Notwithstanding subdivisions 1 and 7, eligible persons include families and individuals who are ineligible for medical assistance by reason of immigration status and who have incomes equal to or less than 200 percent of federal poverty guidelines, except that these persons may be eligible for emergency medical assistance under section 256B.06, subdivision 4."

 

Page 217, after line 8, insert:

 

"Sec. 40.  EMERGENCY AID TO AMBULANCE SERVICES.

 

Subdivision 1.  Definitions.  (a) For purposes of this section, the definitions in Minnesota Statutes, section 144E.001, apply and the terms in this subdivision have the meanings given.

 

(b) "EMS responses" means the number of responses reported to the board by a licensee via the Minnesota state ambulance reporting system during calendar year 2023.

 

(c) "Response density" means the quotient of a licensee's EMS responses divided by the square mileage of the licensee's primary service area.

 

Subd. 2.  Excluded services.  The board shall exclude EMS responses by specialized life support as described under Minnesota Statutes, section 144E.101, subdivision 9, when calculating EMS responses, response density, or aid payments under this section. 

 

Subd. 3.  Multiple licenses.  When a licensee, a licensee's parent company, a subsidiary of the licensee, or a subsidiary of the licensee's parent company collectively hold one or more licenses, the board must treat all such related licensees as a single licensee and the sum of the square mileages of the primary service areas as a single primary service area for the purposes of calculating EMS responses, response density, and aid payments under this section. 


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16202

Subd. 4.  Eligible licensees; application process.  (a) Only licensees with a response density of 30 responses per square mile or fewer are eligible for aid payments under this section.

 

(b) An eligible licensee may apply to the board, in the form and manner determined by the board, for aid payments under this section.

 

Subd. 5.  Board calculations.  (a) Prior to determining an aid payment amount for eligible applicants, the board must make the calculations in paragraphs (b) to (d).

 

(b) For each eligible applicant, the board shall determine the amount equal to dividing 20 percent of the amount appropriated for aid payments under this section equally among all eligible applicants.

 

(c) For each eligible applicant, the board shall determine the amount equal to dividing 40 percent of the amount appropriated for aid payments under this section by each eligible applicant's share of the total square mileage of all eligible applicants' primary service areas.  For the purposes of both calculating the total square mileage of the primary service areas of all eligible applicants and for calculating each eligible applicant's share of the total, the square mileage of each eligible applicant's primary service area is capped at 1,200 square miles.

 

(d) For each eligible applicant, the board shall determine the amount equal to dividing 40 percent of the amount appropriated for aid payments under this section by each eligible applicant's share of the total EMS response points awarded according to clauses (1) to (4):

 

(1) for EMS response 1 to EMS response 500, a licensee is awarded ten points for each EMS response;

 

(2) for EMS response 501 to EMS response 1,500, a licensee is awarded five points for each EMS response;

 

(3) for EMS response 1,501 to EMS response 2,500, a licensee is awarded zero points for each EMS response; and

 

(4) for EMS response 2,501 and each subsequent EMS response, a licensee's points are reduced by two points for each EMS response, except a licensee's total awarded points must not be reduced below zero.

 

Subd. 6.  Aid amount.  The board must make an aid payment to an eligible applicant in the amount equal to the sum of the amounts calculated in subdivision 5, paragraphs (b) to (d).

 

Subd. 7.  Eligible uses.  A recipient of an aid payment under this section must spend the money only on expenses incurred in the provision of licensed ambulance services within the recipient's primary service area or areas.  A recipient of an aid payment under this section must spend the entire amount by December 31, 2027, or return to the board by March 1, 2028, any amount not spent by December 31, 2027.

 

Subd. 8.  Payment date.  The executive director of the board must certify the aid payment amount for each eligible applicant and must make the full aid payment by December 31, 2024.

 

Subd. 9.  Report.  By December 31, 2025, and by December 31 of each of the following two years, recipients of aid payments under this section must submit to the board a report summarizing how the recipient used the revenue from the aid payments.  Beginning March 31, 2026, and by March 31 of each of the following two years, the board must submit to the chairs and ranking minority members of the legislative committees with jurisdiction over the board a report summarizing how the aid payments were utilized by aid recipients."

 

Page 323, line 21, delete "12,926,000" and insert "7,418,000"

 

Page 323, line 24, delete "9,760,000" and insert "8,780,000"


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16203

Page 323, line 25, delete "3,166,000" and insert "(1,362,000)"

 

Page 324, line 21, delete "(2,070,000)" and insert "(6,598,000)"

 

Page 328, after line 12, insert:

 

      "Sec. 6.  EMERGENCY MEDICAL SERVICES REGULATORY BOARD

 

$-0-

 

 

$5,508,000

 

Appropriations by Fund

 

General

-0-

980,000

Health Care Access

-0-

4,528,000

 

Emergency Aid to Ambulance Services.  $980,000 in fiscal year 2025 is from the general fund, and $4,528,000 in fiscal year 2025 is from the health care access fund, for the emergency aid to ambulance services program.  The general fund base for this appropriation is $1,000,000 in fiscal year 2026 and $1,000,000 in fiscal year 2027.  The health care access fund base for this appropriation is $41,866,000 in fiscal year 2026 and $57,273,000 in fiscal year 2027."

 

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 Backer amendment and the roll was called.  There were 60 yeas and 67 nays as follows:

 

      Those who voted in the affirmative were:

 


Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Bakeberg

Baker

Bennett

Burkel

Davis

Demuth

Dotseth

Engen

Fogelman

Franson

Garofalo

Gillman

Grossell

Harder

Heintzeman

Hudson

Igo

Jacob

Johnson

Joy

Kiel

Knudsen

Koznick

Kresha

Lawrence

Lislegard

McDonald

Mekeland

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, N.

Neu Brindley

Niska

Novotny

O'Driscoll

Olson, B.

Perryman

Petersburg

Pfarr

Quam

Rarick

Schomacker

Schultz

Scott

Skraba

Swedzinski

Torkelson

Urdahl

West

Wiener

Wiens

Witte

Zeleznikar


 

      Those who voted in the negative were:

 


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


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16204

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.

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Sencer-Mura

Smith

Stephenson

Tabke

Vang

Virnig

Wolgamott

Xiong

Youakim

Spk. Hortman


 

 

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

 

 

      Quam offered an amendment to S. F. No. 4699, the unofficial engrossment, as amended.

 

 

POINT OF ORDER

 

      Jordan raised a point of order pursuant to rule 3.21 that the Quam amendment was not in order.  Speaker pro tempore Tabke ruled the point of order well taken and the Quam amendment out of order.

 

 

      S. F. No. 4699, A bill for an act relating to state government; modifying provisions governing health care, health insurance, health policy, emergency medical services, the Department of Health, the Department of Human Services, MNsure, health care workforce, health-related licensing boards, health care affordability and delivery, background studies, child protection and welfare, child care licensing, behavioral health, economic assistance, housing and homelessness, human services policy, the Minnesota Indian Family Preservation Act, and the Department of Children, Youth, and Families; establishing the Office of Emergency Medical Services; establishing the Minnesota African American Family Preservation and Child Welfare Disproportionality Act; making technical and conforming changes; requiring reports; imposing penalties; providing appointments; making forecast adjustments; appropriating money; amending Minnesota Statutes 2022, sections 16A.055, subdivision 1a, by adding a subdivision; 16A.103, by adding a subdivision; 62A.0411; 62A.15, subdivision 4, by adding a subdivision; 62A.28, subdivision 2; 62D.02, subdivisions 4, 7; 62D.03, subdivision 1; 62D.05, subdivision 1; 62D.06, subdivision 1; 62D.14, subdivision 1; 62D.19; 62D.20, subdivision 1; 62D.22, subdivision 5; 62E.02, subdivision 3; 62J.49, subdivision 1; 62J.61, subdivision 5; 62M.01, subdivision 3; 62Q.097, by adding a subdivision; 62Q.14; 62V.05, subdivision 12; 62V.08; 62V.11, subdivision 4; 103I.621, subdivisions 1, 2; 121A.15, subdivision 3, by adding a subdivision; 144.05, subdivision 6, by adding a subdivision; 144.058; 144.0724, subdivisions 2, 3a, 4, 6, 7, 8, 9, 11; 144.1464, subdivisions 1, 2, 3; 144.1501, subdivision 5; 144.1911, subdivision 2; 144.212, by adding a subdivision; 144.216, subdivision 2, by adding subdivisions; 144.218, by adding a subdivision; 144.292, subdivision 6; 144.293, subdivisions 2, 4, 9, 10; 144.493, by adding a subdivision; 144.494, subdivision 2; 144.551, subdivision 1; 144.555, subdivisions 1a, 1b, 2, by adding subdivisions; 144.605, by adding a subdivision; 144.99, subdivision 3; 144A.10, subdivisions 15, 16; 144A.471, by adding a subdivision; 144A.474, subdivision 13; 144A.61, subdivision 3a; 144A.70, subdivisions 3, 5, 6, 7; 144A.71, subdivision 2, by adding a subdivision; 144A.72, subdivision 1; 144A.73; 144E.001, subdivision 3a, by adding subdivisions; 144E.101, by adding a subdivision; 144E.16, subdivisions 5, 7; 144E.19, subdivision 3; 144E.27, subdivisions 3, 5, 6; 144E.28, subdivisions 3, 5, 6, 8; 144E.285, subdivisions 1, 2, 4, 6, by adding subdivisions; 144E.287; 144E.305, subdivision 3; 144G.08, subdivision 29; 144G.10, by adding a subdivision; 144G.16, subdivision 6; 146B.03, subdivision 7a; 146B.10, subdivisions 1, 3; 148.235, subdivision 10; 149A.02, subdivisions 3, 3b, 16, 23, 26a, 27, 35, 37c, by adding subdivisions; 149A.03; 149A.65; 149A.70, subdivisions 1, 2, 3, 5; 149A.71, subdivisions 2, 4; 149A.72, subdivisions 3, 9; 149A.73, subdivision 1; 149A.74, subdivision 1; 149A.93, subdivision 3; 149A.94, subdivisions 1, 3, 4; 149A.97, subdivision 2; 151.01, subdivisions 23, 27; 151.065, by adding subdivisions; 151.066, subdivisions 1, 2, 3; 151.212, by adding a subdivision; 151.37, by adding a subdivision; 151.74, subdivision 6; 152.22, subdivision 14, by adding a


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16205

subdivision; 152.25, subdivision 2; 152.27, subdivisions 2, 6, by adding a subdivision; 176.175, subdivision 2; 214.025; 214.04, subdivision 2a; 214.29; 214.31; 214.355; 243.166, subdivision 7, as amended; 245.096; 245.462, subdivision 6; 245.4663, subdivision 2; 245A.04, subdivision 10, by adding a subdivision; 245A.043, subdivisions 2, 4, by adding subdivisions; 245A.07, subdivision 6; 245A.10, subdivisions 1, as amended, 2, as amended; 245A.14, subdivision 17; 245A.144; 245A.175; 245A.52, subdivision 2, by adding a subdivision; 245A.66, subdivision 2; 245C.05, subdivision 5; 245C.08, subdivision 4; 245C.10, subdivision 18; 245C.14, subdivision 1, by adding a subdivision; 245C.15, subdivisions 3, 4; 245C.22, subdivision 4; 245C.24, subdivisions 2, 5; 245C.30, by adding a subdivision; 245E.08; 245F.09, subdivision 2; 245F.14, by adding a subdivision; 245F.17; 245G.07, subdivision 4; 245G.08, subdivisions 5, 6; 245G.10, by adding a subdivision; 245G.22, subdivisions 6, 7; 245H.01, by adding subdivisions; 245H.08, subdivision 1; 245H.14, subdivisions 1, 4; 245I.02, subdivisions 17, 19; 245I.10, subdivision 9; 245I.11, subdivision 1, by adding a subdivision; 245I.20, subdivision 4; 245I.23, subdivision 14; 256.01, subdivision 41, by adding a subdivision; 256.029, as amended; 256.045, subdivisions 3b, as amended, 5, as amended, 7, as amended; 256.0451, subdivisions 1, as amended, 22, 24; 256.046, subdivision 2, as amended; 256.9657, subdivision 8, by adding a subdivision; 256.969, by adding subdivisions; 256B.056, subdivisions 1a, 10; 256B.0622, subdivisions 2a, 3a, 7a, 7d; 256B.0623, subdivision 5; 256B.0625, subdivisions 12, 20, 39, by adding subdivisions; 256B.0757, subdivisions 4a, 4d, by adding a subdivision; 256B.0943, subdivision 12; 256B.0947, subdivision 5; 256B.76, subdivision 6; 256B.795; 256I.04, subdivision 2f; 256J.08, subdivision 34a; 256J.28, subdivision 1; 256K.45, subdivision 2; 256N.22, subdivision 10; 256N.24, subdivision 10; 256N.26, subdivisions 12, 13, 15, 16, 18, 21, 22; 256P.05, by adding a subdivision; 256R.02, subdivision 20; 259.20, subdivision 2; 259.37, subdivision 2; 259.52, subdivisions 2, 4; 259.53, by adding a subdivision; 259.79, subdivision 1; 259.83, subdivision 4; 260.755, subdivisions 2a, 5, 14, 17a, by adding subdivisions; 260.775; 260.785, subdivisions 1, 3; 260.810, subdivision 3; 260C.007, subdivisions 6, 26b; 260C.141, by adding a subdivision; 260C.178, subdivisions 1, as amended, 7; 260C.202; 260C.209, subdivision 1; 260C.212, subdivisions 1, 2; 260C.301, subdivision 1, as amended; 260C.329, subdivisions 3, 8; 260C.4411, by adding a subdivision; 260C.515, subdivision 4; 260C.607, subdivisions 1, 6; 260C.611; 260C.613, subdivision 1; 260C.615, subdivision 1; 260D.01; 260E.03, subdivision 23, as amended; 260E.30, subdivision 3, as amended; 260E.33, subdivision 2, as amended; 317A.811, subdivisions 1, 2, 4; 393.07, subdivision 10a; 518.17, by adding a subdivision; 519.05; 524.3-801, as amended; Minnesota Statutes 2023 Supplement, sections 13.46, subdivision 4, as amended; 15A.0815, subdivision 2; 43A.08, subdivision 1a; 62J.84, subdivision 10; 62Q.46, subdivision 1; 62Q.473, by adding subdivisions; 62Q.522, subdivision 1; 119B.011, subdivision 15; 119B.16, subdivisions 1a, 1c; 119B.161, subdivision 2; 124D.142, subdivision 2, as amended; 142A.03, by adding a subdivision; 144.0526, subdivision 1; 144.1501, subdivisions 1, 2, 3, 4; 144.1505, subdivision 2; 144.2252, subdivision 2; 144.2253; 144.587, subdivision 4; 144A.4791, subdivision 10; 144E.101, subdivisions 6, 7, as amended; 145.561, subdivision 4; 151.555, subdivisions 1, 4, 5, 6, 7, 8, 9, 11, 12; 151.74, subdivision 3; 152.126, subdivision 6; 152.28, subdivision 1; 245.4889, subdivision 1; 245A.02, subdivision 2c; 245A.03, subdivisions 2, as amended, 7, as amended; 245A.043, subdivision 3; 245A.07, subdivision 1, as amended; 245A.11, subdivision 7; 245A.16, subdivisions 1, as amended, 11; 245A.211, subdivision 4; 245A.242, subdivision 2; 245A.50, subdivisions 3, 4; 245A.66, subdivision 4, as amended; 245C.02, subdivisions 6a, 13e; 245C.033, subdivision 3; 245C.08, subdivision 1; 245C.10, subdivision 15; 245C.15, subdivisions 2, 4a; 245C.31, subdivision 1; 245G.22, subdivisions 2, 17; 245H.06, subdivisions 1, 2; 245H.08, subdivisions 4, 5; 254B.04, subdivision 1a; 256.01, subdivision 12b; 256.043, subdivisions 3, 3a; 256.045, subdivision 3, as amended; 256.046, subdivision 3; 256.0471, subdivision 1, as amended; 256.969, subdivision 2b; 256B.0622, subdivisions 7b, 8; 256B.0625, subdivisions 3a, 5m, 9, 13e, as amended, 13f, 13k, 16; 256B.064, subdivision 4; 256B.0671, subdivision 5; 256B.0701, subdivision 6; 256B.0947, subdivision 7; 256B.764; 256D.01, subdivision 1a; 256E.38, subdivision 4; 256I.05, subdivisions 1a, 11; 256L.03, subdivision 1; 256M.42, by adding a subdivision; 256P.06, subdivision 3; 259.83, subdivisions 1, 1b, 3a; 260.014, by adding a subdivision; 260.755, subdivisions 1a, 3, 3a, 5b, 20, 22; 260.758, subdivisions 2, 4, 5; 260.761; 260.762; 260.763, subdivisions 1, 4, 5; 260.765, subdivisions 2, 3a, 4b; 260.771, subdivisions 1a, 1b, 1c, 2b, 2d, 6, by adding a subdivision; 260.773, subdivisions 1, 2, 3, 4, 5, 10, 11; 260.774, subdivisions 1, 2, 3; 260.781, subdivision 1; 260.786, subdivision 2; 260.795, subdivision 1; 342.01, subdivision 63; 342.52, subdivision 3; 342.53; 342.54, subdivision 2; 342.55, subdivision 2; 518A.42, subdivision 3; Laws 1987, chapter 404, section 18, subdivision 1; Laws 2023, chapter 22, section 4, subdivision 2; Laws 2023, chapter 57, article 1, section 6; Laws 2023, chapter 70, article 1, section 35; article 11, section 13, subdivision 8;


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16206

article 12, section 30, subdivisions 2, 3; article 14, section 42, subdivision 6; article 20, sections 2, subdivisions 5, 22, 24, 29, 31; 3, subdivision 2; 12, as amended; 23; Laws 2024, chapter 80, article 1, sections 38, subdivisions 1, 2, 5, 6, 7, 9; 96; article 2, sections 5, subdivision 21, by adding a subdivision; 6, subdivisions 2, 3, 3a, by adding a subdivision; 7, subdivision 2; 10, subdivisions 1, 6; 16, subdivision 1, by adding a subdivision; 30, subdivision 2; 31; 74; article 4, section 26; article 6, section 4; article 7, section 4; proposing coding for new law in Minnesota Statutes, chapters 62D; 62J; 62Q; 137; 142A; 144; 144A; 144E; 145; 149A; 151; 214; 245C; 245H; 256B; 259; 260; 260D; 260E; 524; proposing coding for new law as Minnesota Statutes, chapters 142B; 142F; 332C; repealing Minnesota Statutes 2022, sections 62A.041, subdivision 3; 144.218, subdivision 3; 144.497; 144E.001, subdivision 5; 144E.01; 144E.123, subdivision 5; 144E.27, subdivisions 1, 1a; 144E.50, subdivision 3; 245A.065; 245C.125; 256.01, subdivisions 12, 12a; 256B.79, subdivision 6; 256D.19, subdivisions 1, 2; 256D.20, subdivisions 1, 2, 3, 4; 256D.23, subdivisions 1, 2, 3; 256R.02, subdivision 46; 260.755, subdivision 13; Minnesota Statutes 2023 Supplement, sections 62J.312, subdivision 6; 62Q.522, subdivisions 3, 4; 144.0528, subdivision 5; 245C.08, subdivision 2; Laws 2023, chapter 25, section 190, subdivision 10; Laws 2024, chapter 80, article 1, sections 38, subdivisions 3, 4, 11; 39; 43, subdivision 2; article 2, sections 1, subdivision 11; 3, subdivision 3; 4, subdivision 4; 6, subdivision 4; 10, subdivision 4; 33; 69; article 7, sections 3; 9; Minnesota Rules, parts 9502.0425, subparts 5, 10; 9545.0805, subpart 1; 9545.0845; 9560.0232, subpart 5.

 

 

      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 68 yeas and 59 nays as follows:

 

      Those who voted in the affirmative were:

 


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.

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Sencer-Mura

Smith

Stephenson

Tabke

Vang

Virnig

Wolgamott

Xiong

Youakim

Spk. Hortman


 

      Those who voted in the negative were:

 


Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Bakeberg

Baker

Bennett

Burkel

Davis

Demuth

Dotseth

Engen

Fogelman

Franson

Garofalo

Gillman

Grossell

Harder

Heintzeman

Hudson

Igo

Jacob

Johnson

Joy

Kiel

Knudsen

Koznick

Kresha

Lawrence

McDonald

Mekeland

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, N.

Neu Brindley

Niska

Novotny

O'Driscoll

Olson, B.

Perryman

Petersburg

Pfarr

Quam

Rarick

Schomacker

Schultz

Scott

Skraba

Swedzinski

Torkelson

Urdahl

West

Wiener

Wiens

Witte

Zeleznikar


 

 

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


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16207

         S. F. No. 4942 was reported to the House.

 

 

      Kraft moved to amend S. F. No. 4942, the third engrossment, as follows:

 

      Delete everything after the enacting clause and insert the following language of H. F. No. 4975, the second engrossment:

 

"ARTICLE 1

APPROPRIATIONS

 

      Section 1.  APPROPRIATIONS. 

 

The sums shown in the columns marked "Appropriations" are added to or, if shown in parentheses, subtracted from the appropriations in Laws 2023, chapter 63, article 9, to the agencies and for the purposes specified in this article.  The appropriations are from the general fund, or another named fund, and are available for the fiscal years indicated for each purpose.  The figures "2024" and "2025" used in this article mean that the addition to or subtraction from the appropriation listed under them is available for the fiscal year ending June 30, 2024, or June 30, 2025, respectively.  "The first year" is fiscal year 2024.  "The second year" is fiscal year 2025.  Supplemental appropriations and reductions to appropriations for the fiscal year ending June 30, 2024, are effective the day following final enactment.

 

 

 

 

APPROPRIATIONS

 

 

 

Available for the Year

 

 

 

Ending June 30

 

 

 

2024

2025

 

      Sec. 2.  OFFICE OF CANNABIS MANAGEMENT

 

$-0-

 

$2,727,000

 

(a) Enforcement of Temporary Regulations

 

$1,107,000 in fiscal year 2025 is for regulation of products subject to the requirements of Minnesota Statutes, section 151.72.  This is a onetime appropriation.

 

(b) Product Testing

 

$771,000 in fiscal year 2025 is for testing products regulated under Minnesota Statutes, section 151.72, and chapter 342.  The base for this appropriation is $690,000 in fiscal year 2026 and each year thereafter.

 

(c) Reference Laboratory

 

$849,000 in fiscal year 2025 is to operate a state reference laboratory.  The base for this appropriation is $632,000 in fiscal year 2026 and $696,000 in fiscal year 2027.


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16208

         Sec. 3.  DEPARTMENT OF HEALTH

 

$-0-

 

$5,500,000

 

$5,500,000 in fiscal year 2025 is for the purposes outlined in Minnesota Statutes, section 342.72.

 

Sec. 4.  ATTORNEY GENERAL.

 

The general fund appropriation base for the attorney general is increased by $988,000 in fiscal year 2026 and $748,000 in fiscal year 2027 for staffing and other costs related to potential violations, compliance monitoring, and enforcement of the Minnesota Consumer Data Privacy Act.

 

Sec. 5.  Laws 2023, chapter 63, article 9, section 10, is amended to read:

 

      Sec. 10.  HEALTH

 

 

 

 

 

      Subdivision 1.  Total Appropriation

 

$3,300,000

 

$ 20,252,000 17,525,000

 

The base for this appropriation is $19,064,000 $17,742,000 in fiscal year 2026 and each fiscal year thereafter $17,678,000 in fiscal year 2027.

 

The amounts that may be spent for each purpose are specified in the following subdivisions.

 

      Subd. 2.  Youth Prevention and Education Program

 

-0-

 

5,000,000 4,363,000

 

For administration and grants under Minnesota Statutes, section 144.197, subdivision 1.  Of the amount appropriated, $2,863,000 is for program operations and administration and $1,500,000 is for grants.  The base for this appropriation is $4,534,000 in fiscal year 2026 and $4,470,000 in fiscal year 2027.

 

      Subd. 3.  Prevention and Education Grants for Pregnant or Breastfeeding Individuals

-0-

 

2,000,000 1,788,000

 

For grants under a coordinated prevention and education program for pregnant and breastfeeding individuals under Minnesota Statutes, section 144.197, subdivision 2.  The base for this appropriation is $1,834,000 beginning in fiscal year 2026.

 

      Subd. 4.  Local and Tribal Health Departments

 

-0-

 

10,000,000

 

For administration and grants under Minnesota Statutes, section 144.197, subdivision 4.  Of the amount appropriated, $1,094,000 is for administration and $8,906,000 is for grants.

 

      Subd. 5.  Cannabis Data Collection and Biennial Reports

493,000

 

493,000

 

For reports under Minnesota Statutes, section 144.196.


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16209

         Subd. 6.  Administration for Expungement Orders

 

71,000

 

71,000

 

For administration related to orders issued by the Cannabis Expungement Board.  The base for this appropriation is $71,000 in fiscal year 2026, $71,000 in fiscal year 2027, $71,000 in fiscal year 2028, $71,000 in fiscal year 2029, and $0 in fiscal year 2030.

 

      Subd. 7.  Grants to the Minnesota Poison Control System

910,000

 

810,000

 

For administration and grants under Minnesota Statutes, section 145.93.  Of the amount appropriated in fiscal year 2025, $15,000 is for administration and $795,000 is for grants.

 

      Subd. 8.  Temporary Regulation of Edible Products Extracted from Hemp

1,107,000

 

1,107,000

 -0-

 

For temporary regulation under the health enforcement consolidation act of edible products extracted from hemp.  The commissioner may transfer encumbrances and unobligated amounts to the Office of Cannabis Management for this purpose.  This is a onetime appropriation.

 

      Subd. 9.  Testing. 

 

719,000

 

771,000

-0-

 

For testing of edible cannabinoid products.  The base for this appropriation is $690,000 in fiscal year 2026 and each fiscal year thereafter. The commissioner may transfer encumbrances and unobligated amounts to the Office of Cannabis Management for this purpose.

 

Sec. 6.  Laws 2023, chapter 63, article 9, section 19, is amended to read:

 

Sec. 19.  APPROPRIATION AND BASE REDUCTIONS.

 

(a) The commissioner of management and budget must reduce general fund appropriations to the commissioner of corrections by $165,000 in fiscal year 2024 and $368,000 in fiscal year 2025.  The commissioner must reduce the base for general fund appropriations to the commissioner of corrections by $460,000 in fiscal year 2026 and $503,000 in fiscal year 2027.

 

(b) The commissioner of management and budget must reduce general fund appropriations to the commissioner of health by $260,000 in fiscal year 2025 for the administration of the medical cannabis program.  The commissioner must reduce the base for general fund appropriations to the commissioner of health by $781,000 in fiscal year 2026 and each fiscal year thereafter.

 

(c) The commissioner of management and budget must reduce state government special revenue fund appropriations to the commissioner of health by $1,141,000 in fiscal year 2025 for the administration of the medical cannabis program.  The commissioner must reduce the base for state government special revenue fund appropriations to the commissioner of health by $3,424,000 in fiscal year 2026 and each fiscal year thereafter.


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16210

Sec. 7.  Laws 2023, chapter 63, article 9, section 20, is amended to read:

 

Sec. 20.  TRANSFERS.

 

(a) $1,000,000 in fiscal year 2024 and $1,000,000 in fiscal year 2025 are transferred from the general fund to the dual training account in the special revenue fund under Minnesota Statutes, section 136A.246, subdivision 10, for grants to employers in the legal cannabis industry.  The base for this transfer is $1,000,000 in fiscal year 2026 and each fiscal year thereafter.  The commissioner may use up to six percent of the amount transferred for administrative costs.  The commissioner shall give priority to applications from employers who are, or who are training employees who are, eligible to be social equity applicants under Minnesota Statutes, section 342.17.  After June 30, 2025, any unencumbered balance from this transfer may be used for grants to any eligible employer under Minnesota Statutes, section 136A.246.

 

(b) $5,500,000 in fiscal year 2024 and $5,500,000 in fiscal year 2025 are transferred from the general fund to the substance use treatment, recovery, and prevention grant account established under Minnesota Statutes, section 342.72.  The base for this transfer is $5,500,000 in fiscal year 2026 and each fiscal year thereafter.

 

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

 

ARTICLE 2

CANNABIS AND HEALTH-RELATED RESPONSIBILITIES

 

Section 1.  Minnesota Statutes 2023 Supplement, section 144.197, is amended to read:

 

144.197 CANNABIS AND SUBSTANCE MISUSE PREVENTION AND EDUCATION PROGRAMS.

 

Subdivision 1.  Youth prevention and education program.  The commissioner of health, in consultation with the commissioners of human services and education and in collaboration with local health departments and Tribal health departments, shall conduct a long-term, coordinated education program to raise public awareness about and address the top three substance misuse prevention, treatment options, and recovery options.  The program must address adverse health effects, as determined by the commissioner, associated with the use of cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products by persons under age 25.  In conducting this education program, the commissioner shall engage and consult with youth around the state on program content and on methods to effectively disseminate program information to youth around the state.

 

Subd. 2.  Prevention and education program for pregnant and breastfeeding individuals; and individuals who may become pregnant.  The commissioner of health, in consultation with the commissioners of human services and education, shall conduct a long-term, coordinated prevention program to educate focused on (1) preventing substance use by pregnant individuals, breastfeeding individuals, and individuals who may become pregnant, and (2) raising public awareness of the risks of substance use while pregnant or breastfeeding.  The program must include education on the adverse health effects of prenatal exposure to cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products and on the adverse health effects experienced by infants and children who are exposed to cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products in breast milk, from secondhand smoke, or by ingesting cannabinoid products.  This The prevention and education program must also educate individuals on what constitutes a substance use disorder, signs of a substance use disorder, and treatment options for persons with a substance use disorder.  The prevention and education program must also provide resources, including training resources, technical assistance, or educational materials, to local public health home visiting programs, Tribal home visiting programs, and child welfare workers.


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16211

Subd. 3.  Home visiting programs.  The commissioner of health shall provide training, technical assistance, and education materials to local public health home visiting programs and Tribal home visiting programs and child welfare workers regarding the safe and unsafe use of cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products in homes with infants and young children.  Training, technical assistance, and education materials shall address substance use, the signs of a substance use disorder, treatment options for persons with a substance use disorder, the dangers of driving under the influence of cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products, how to safely consume cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products in homes with infants and young children, and how to prevent infants and young children from being exposed to cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products by ingesting cannabinoid products or through secondhand smoke.

 

Subd. 4.  Local and Tribal health departments.  The commissioner of health shall distribute grants to local health departments and Tribal health departments for these the departments to create and disseminate educational materials on cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer products and to provide safe use and prevention training, education, technical assistance, and community engagement regarding cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer products. prevention, education, and recovery programs focusing on substance misuse prevention and treatment options.  The programs may include specific cannabis-related initiatives.

 

Sec. 2.  Minnesota Statutes 2023 Supplement, section 342.15, is amended by adding a subdivision to read:

 

Subd. 1a.  Transmission of fees.  A cannabis business background check account is established as a separate account in the special revenue fund.  All fees received by the office under subdivision 1 must be deposited in the account and are appropriated to the office to pay for the criminal records checks conducted by the Bureau of Criminal Apprehension and Federal Bureau of Investigation.

 

Sec. 3.  Minnesota Statutes 2023 Supplement, section 342.72, is amended to read:

 

342.72 SUBSTANCE USE TREATMENT, RECOVERY, AND PREVENTION GRANTS.

 

Subdivision 1.  Account Grant program established; appropriation.  A substance use treatment, recovery, and prevention grant account program is created in the special revenue fund established and must be administered by the commissioner of health.  Money in the account, including interest earned, is appropriated to the office for the purposes specified in this section.  Of the amount transferred from the general fund to the account, the office may use up to five percent for administrative expenses.

 

Subd. 2.  Acceptance of gifts and grants.  Notwithstanding sections 16A.013 to 16A.016, the office may accept money contributed by individuals and may apply for grants from charitable foundations to be used for the purposes identified in this section.  The money accepted under this section must be deposited in the substance use treatment, recovery, and prevention grant account created under subdivision 1.

 

Subd. 3.  Disposition of money; grants.  (a) Money in the Substance use treatment, recovery, and prevention grant account grants must be distributed as follows:

 

(1) at least 75 percent of the money is for grants for substance use disorder and mental health recovery and prevention programs.  Funds must be used for recovery and prevention activities, including substance use prevention for youth, and supplies that assist individuals and families to initiate, stabilize, and maintain long-term recovery from substance use disorders and co-occurring mental health conditions.  Recovery and prevention activities may include prevention education, school-linked behavioral health, school-based peer programs, peer supports, self-care


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16212

and wellness, culturally specific healing, community public awareness, mutual aid networks, telephone recovery checkups, mental health warmlines, harm reduction, recovery community organization development, first episode psychosis programs, and recovery housing; and

 

(2) up to 25 percent of the money is for substance use disorder treatment programs as defined in chapter 245G and may be used to implement, strengthen, or expand supportive services and activities that are not covered by medical assistance under chapter 256B, MinnesotaCare under chapter 256L, or the behavioral health fund under chapter 254B.  Services and activities may include adoption or expansion of evidence-based practices; competency-based training; continuing education; culturally specific and culturally responsive services; sober recreational activities; developing referral relationships; family preservation and healing; and start-up or capacity funding for programs that specialize in adolescent, culturally specific, culturally responsive, disability-specific, co-occurring disorder, or family treatment services.

 

(b) The office commissioner of health shall consult with the Governor's Advisory Council on Opioids, Substance Use, and Addiction; the commissioner of human services; and the commissioner of health the Office of Cannabis Management to develop an appropriate application process, establish grant requirements, determine what organizations are eligible to receive grants, and establish reporting requirements for grant recipients.

 

Subd. 4.  Reports to the legislature.  By January 15, 2024, and each January 15 thereafter year, the office commissioner of health must submit a report to the chairs and ranking minority members of the committees of the house of representatives and the senate having jurisdiction over health and human services policy and finance that details grants awarded from the substance use treatment, recovery, and prevention grant account grants awarded, including the total amount awarded, total number of recipients, and geographic distribution of those recipients.  Notwithstanding section 144.05, subdivision 7, the reporting requirement under this subdivision does not expire.

 

Sec. 4.  Laws 2023, chapter 70, article 20, section 2, subdivision 5, is amended to read:

 

      Subd. 5.  Central Office; Health Care

 

 

 

 

 

Appropriations by Fund

 

General

35,807,000

31,349,000

Health Care Access

30,668,000

50,168,000

 

(a) Medical assistance and MinnesotaCare accessibility improvements.  $4,000,000 in fiscal year 2024 is from the general fund for interactive voice response upgrades and translation services for medical assistance and MinnesotaCare enrollees with limited English proficiency.  This appropriation is available until June 30, 2025.

 

(b) Transforming service delivery.  $155,000 in fiscal year 2024 and $180,000 in fiscal year 2025 are from the general fund for transforming service delivery projects.

 

(c) Improving the Minnesota eligibility technology system functionality.  $1,604,000 in fiscal year 2024 and $711,000 in fiscal year 2025 are from the general fund for improving the Minnesota eligibility technology system functionality.  The base for this appropriation is $1,421,000 in fiscal year 2026 and $0 in fiscal year 2027.


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16213

(d) Actuarial and economic analyses.  $2,500,000 is from the health care access fund for actuarial and economic analyses and to prepare and submit a state innovation waiver under section 1332 of the federal Affordable Care Act for a Minnesota public option health care plan.  This is a onetime appropriation and is available until June 30, 2025.

 

(e) Contingent appropriation for Minnesota public option health care plan.  $22,000,000 in fiscal year 2025 is from the health care access fund for agency initiatives related to implement a Minnesota public option health care plan.  The commissioner of human services, in fiscal year 2025, shall transfer from this appropriation to the commissioner of commerce an amount sufficient for the commissioner of commerce to develop and submit to the federal government a section 1332 waiver request to implement a Minnesota public option health care plan.  This is a onetime appropriation and is available upon approval of a state innovation waiver under section 1332 of the federal Affordable Care Act.  This appropriation is available until June 30, 2027.

 

(f) Carryforward authority.  Notwithstanding Minnesota Statutes, section 16A.28, subdivision 3, $2,367,000 of the appropriation in fiscal year 2024 is available until June 30, 2027.

 

(g) Base level adjustment.  The general fund base is $32,315,000 in fiscal year 2026 and $27,536,000 in fiscal year 2027.  The health care access fund base is $28,168,000 in fiscal year 2026 and $28,168,000 in fiscal year 2027.

 

Sec. 5.  REQUEST FOR FEDERAL WAIVER TO IMPLEMENT A PUBLIC OPTION.

 

Subdivision 1.  Waiver submittal.  (a) The commissioner of commerce shall submit a section 1332 waiver request pursuant to United States Code, title 42, section 18052, to the Secretary of Health and Human Services to obtain federal approval to implement a public option.  The commissioner (1) may contract for any analyses, certification, data, or other information required to complete the section 1332 waiver application in accordance with Code of Federal Regulations, title 33, part 108; Code of Federal Regulations, title 155, part 1308; and any other applicable federal law, and (2) is not subject to contract requirements under Minnesota Statutes, chapter 16C.

 

(b) The commissioner of commerce shall also seek, as part of the waiver request, federal approval for the state to:

 

(1) continue receiving federal Medicaid payments for Medicaid-eligible individuals and federal basic health program payments for basic health program-eligible MinnesotaCare individuals; and

 

(2) receive federal pass-through funding equal to the value of premium tax credits and cost-sharing reductions that MinnesotaCare public option enrollees with household incomes greater than 200 percent of the federal poverty guidelines would otherwise have received.

 

(c) In developing the waiver request, the commissioner of commerce shall consult regularly with the commissioner of human services and the MNsure board.


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16214

Subd. 2.  Public option requirements; waiver development; reports to legislature.  (a) The public option proposal submitted for waiver approval to the federal government must be consistent with, but need not be identical to, the public option framework specified in this section.

 

(b) The commissioner of commerce, in developing the public option proposal, may modify the public option framework specified in this section based on consultation with the commissioner of human services and the MNsure board and any analyses, certification, data, or other information provided as part of the waiver development process.  The commissioner of commerce shall incorporate into the public option proposal any recommendations made by the commissioner of human services regarding the provisions of Minnesota Statutes, chapter 256L, that would apply to the public option.

 

(c) The commissioner of commerce shall present to the chairs and ranking minority members of the legislative committees with jurisdiction over health care finance and policy and health insurance an interim report on the public option proposal and waiver process by December 15, 2024, and a final report by April 15, 2025.  The interim and final reports must include a description of and rationale for:

 

(1) any significant changes from the public option framework specified in this section; and

 

(2) any features of the public option included in the waiver request but not addressed by this framework.

 

The final report must also include a copy of the waiver request submitted to the federal government and any supporting material.

 

Subd. 3.  Access through MNsure.  (a) The commissioner of human services shall offer the public option through the MNsure website.  The MNsure website must (1) ensure simple, convenient, and understandable access to enrollment in the public option, and (2) allow individuals to compare public option coverage with other coverage options.  The MNsure board must extend the special enrollment period provisions that apply to qualified health plan enrollment to individuals who are eligible to enroll in the public option.

 

(b) The MNsure board shall provide administrative functions to facilitate the offering of the public option by the commissioner of human services.  These functions include but are not limited to:  marketing, call center operations, certification of insurance producers, and making payments to navigators for the successful enrollment of applicants in the public option.  The MNsure board may provide additional administrative functions as requested by the commissioner of human services.

 

(c) An individual must be able to apply for and, if eligible, enroll in the public option by completing the application for a qualified health plan with premium tax credits or cost-sharing reductions.  Enrollment in the public option must not require an applicant to provide additional information or complete an action not required for an applicant to enroll in a qualified health plan with premium tax credits or cost-sharing reductions.  An individual must provide information needed to confirm the individual is not eligible for medical assistance under Minnesota Statutes, chapter 256B, or MinnesotaCare under Minnesota Statutes, chapter 256L.

 

(d) The MNsure board shall process all public option applications and make all eligibility determinations for the public option.  Eligibility decisions for the public option shall be appealable to the MNsure board.

 

Subd. 4.  Insurance producers.  (a) The MNsure board may establish certification requirements that must be met by insurance producers in order to assist individuals with enrolling in the public option.

 

(b) For each applicant an insurance producer successfully enrolls in the public option, a health carrier shall offer the same compensation or other incentives that it offers for enrollment in other qualified health plans available through MNsure.


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16215

(c) An insurance producer assisting an individual with enrollment in the public option must disclose to that individual, orally and in writing at the time of first solicitation, that the producer may receive compensation from the health carrier for enrolling the individual in the public option.

 

Subd. 5.  Eligibility for the public option.  (a) Families and individuals with income above the maximum income eligibility limit specified in Minnesota Statutes, section 256L.04, subdivision 1 or 7, who meet all other MinnesotaCare eligibility requirements are eligible for the MinnesotaCare public option, subject to the income limit phase-in and additional requirements specified in this section.  Families and individuals enrolled in the public option shall be considered MinnesotaCare enrollees and all provisions of Minnesota Statutes, chapter 256L, applying generally to MinnesotaCare enrollees shall apply to public option enrollees, unless specified otherwise in this section and unless the commissioner of human services determines that departures from the MinnesotaCare provisions are necessary to obtain federal funding and communicates the decision to the commissioner of commerce as part of the waiver development process.

 

(b) Eligibility for the public option is subject to the following limits on household income:

 

(1) 400 percent of the federal poverty guidelines for the first plan year;

 

(2) 550 percent of the federal poverty guidelines for the second plan year; and

 

(3) no household income limit for the third and subsequent plan years.

 

(c) Families and individuals may enroll in the MinnesotaCare public option only during an annual open enrollment period or special enrollment period, as designated by the MNsure board in compliance with Code of Federal Regulations, title 45, sections 155.410 and 155.420.

 

Subd. 6.  Premium scale.  Public option enrollees shall pay premiums for individual or family coverage, as applicable, according to the following premium scale:

 

Household Income as Percentage of Federal Poverty Guidelines

 

Greater Than or Equal to

 

Not Exceeding

 

Required Premium Contribution as Percentage of Household Income

 

201%

250%

4.88%

251%

300%

6.38%

301%

400%

7.88%

401%

500%

8.5%

501%

550%

9.01%

551% and over

No maximum

10%

 

Subd. 7.  Cost-sharing.  (a) Public option enrollees are subject to the MinnesotaCare cost-sharing requirements established under Minnesota Statutes, section 256L.03, subdivision 5, except that:

 

(1) cost-sharing applies to all public option enrollees and there are no exemptions;

 

(2) the deductibles specified in paragraph (b) apply;

 

(3) the commissioner of human services shall set cost-sharing for public option enrollees at an actuarial value of 94 percent, except that the actuarial value for public option enrollees with household incomes above 400 percent of the federal poverty guidelines may be lower than 94 percent to reflect the deductibles required under paragraph (b); and


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16216

(4) out-of-pocket maximums for public option enrollees must not exceed the out-of-pocket maximums outlined in Code of Federal Regulations, title 45, section 156.130.

 

(b) Public option enrollees shall be subject to the following annual deductibles:

 

(1) for household incomes 401 percent to 500 percent of federal poverty guidelines, $500;

 

(2) for household incomes 501 percent to 600 percent of federal poverty guidelines, $1,000; and

 

(3) for household incomes 601 percent of federal poverty guidelines or above, $1,500.

 

(c) No annual deductible shall apply to public option enrollees with household incomes not exceeding 400 percent of the federal poverty guidelines.

 

Subd. 8.  Provider reimbursement.  (a) The commissioner of human services shall require managed care plans and county-based purchasing plans to reimburse health care providers for services provided to MinnesotaCare public option enrollees at payment rates equal to or greater than the fee-for-service Medicare payment rate for the same service or for a similar service if the specific service is not reimbursed under Medicare.

 

(b) Minnesota Statutes, section 256L.11, subdivision 1, shall not apply to provider reimbursement for services delivered to MinnesotaCare public option enrollees.

 

Subd. 9.  Contracting and service delivery.  (a) The commissioner of human services (1) shall contract with managed care and county-based purchasing plans for the delivery of services to public option enrollees, and (2) may use a procurement process that is separate and unique from that used to contract for the delivery of services to MinnesotaCare enrollees who are not public option enrollees.

 

(b) The commissioner of human services shall establish public option participation requirements for managed care and county-based purchasing plans and health care providers.  Public option enrollees are not considered MinnesotaCare enrollees for the purpose of the participation requirement specified in Minnesota Statutes, section 256B.0644.

 

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

 

Sec. 6.  REPORT BY THE COMMISSIONER OF COMMERCE.

 

By January 30, 2025, the commissioner of commerce must report to the chairs and ranking minority members of the legislative committees with jurisdiction over commerce, health, and human services, regarding the balance of the premium security plan account under Minnesota Statutes, section 62E.25, subdivision 1, the estimated cost to continue the premium security plan, and the plan's future interactions with public health programs.  The report must include an assessment of potential alternatives that would be available upon expiration of the current waiver.

 

ARTICLE 3

INSURANCE ASSESSMENTS AND FEES

 

Section 1.  Minnesota Statutes 2022, section 45.0135, subdivision 7, is amended to read:

 

Subd. 7.  Assessment.  Each insurer authorized to sell insurance in the state of Minnesota, including surplus lines carriers, and having Minnesota earned premium the previous calendar year shall remit an assessment to the commissioner for deposit in the insurance fraud prevention account on or before June 1 of each year.  The amount of


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16217

the assessment shall be based on the insurer's total assets and on the insurer's total written Minnesota premium, for the preceding fiscal year, as reported pursuant to section 60A.13.  The assessment is calculated to be an amount up to the following Beginning with the payment due on or before June 1, 2024, the assessment amount is:

 

 

Total Assets

 

Assessment

 

Less than $100,000,000

 

 

$ 200 400

 

$100,000,000 to $1,000,000,000

 

 

$ 750 1,500

 

Over $1,000,000,000

 

 

$ 2,000 4,000

 

 

Minnesota Written Premium

 

Assessment

 

Less than $10,000,000

 

 

$ 200 400

 

$10,000,000 to $100,000,000

 

 

$ 750 1,500

 

Over $100,000,000

 

 

$ 2,000 4,000

 

For purposes of this subdivision, the following entities are not considered to be insurers authorized to sell insurance in the state of Minnesota:  risk retention groups; or township mutuals organized under chapter 67A.

 

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

 

Sec. 2.  Minnesota Statutes 2022, section 62Q.73, subdivision 3, is amended to read:

 

Subd. 3.  Right to external review.  (a) Any enrollee or anyone acting on behalf of an enrollee who has received an adverse determination may submit a written request for an external review of the adverse determination, if applicable under section 62Q.68, subdivision 1, or 62M.06, to the commissioner of health if the request involves a health plan company regulated by that commissioner or to the commissioner of commerce if the request involves a health plan company regulated by that commissioner.  Notification of the enrollee's right to external review must accompany the denial issued by the insurer.  The written request must be accompanied by a filing fee of $25.  The fee may be waived by the commissioner of health or commerce in cases of financial hardship and must be refunded if the adverse determination is completely reversed.  No enrollee may be subject to filing fees totaling more than $75 during a plan year for group coverage or policy year for individual coverage.

 

(b) Nothing in this section requires the commissioner of health or commerce to independently investigate an adverse determination referred for independent external review.

 

(c) If an enrollee requests an external review, the health plan company must participate in the external review.  The cost of the external review in excess of the filing fee described in paragraph (a) shall must be borne by the health plan company.

 

(d) The enrollee must request external review within six months from the date of the adverse determination.

 

ARTICLE 4

CONSUMER DATA PRIVACY

 

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

 

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


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16218

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

 

Sec. 2.  [325O.01] CITATION.

 

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

 

Sec. 3.  [325O.02] DEFINITIONS.

 

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

 

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

 

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

 

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

 

(1) a digital or physical photograph;

 

(2) an audio or video recording; or

 

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

 

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

 

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

 

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

 

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

 

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


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16219

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16220

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

 

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

 

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

 

(6) the exchange of personal data between the producer of a good or service and authorized agents of the producer who sell and service the goods and services, to enable the cooperative provisioning of goods and services by both the producer and the producer's agents.

 

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

 

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

 

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

 

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

 

(4) specific geolocation data.

 

(w) "Specific geolocation data" means information derived from technology, including but not limited to global positioning system level latitude and longitude coordinates or other mechanisms, that directly identifies the geographic coordinates of a consumer or a device linked to a consumer with an accuracy of more than three decimal degrees of latitude and longitude or the equivalent in an alternative geographic coordinate system, or a street address derived from the coordinates.  Specific geolocation data does not include the content of communications, the contents of databases containing street address information which are accessible to the public as authorized by law, or any data generated by or connected to advanced utility metering infrastructure systems or other equipment for use by a public utility.

 

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

 

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

 

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

 

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

 

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

 

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

 

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


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16221

Sec. 4.  [325O.03] SCOPE; EXCLUSIONS.

 

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

 

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

 

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

 

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

 

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

 

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

 

(2) a federally recognized Indian tribe;

 

(3) information that meets the definition of:

 

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

 

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

 

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

 

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

 

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

 

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

 

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


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16222

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

 

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

 

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

 

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

 

(6) information that is:

 

(i) maintained by an entity that meets the definition of health care provider under Code of Federal Regulations, title 45, section 160.103, to the extent that the entity maintains the information in the manner required of covered entities with respect to protected health information for purposes of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and related regulations;

 

(ii) included in a limited data set, as described under Code of Federal Regulations, title 45, part 164.514(e), to the extent that the information is used, disclosed, and maintained in the manner specified by that part;

 

(iii) maintained by, or maintained to comply with the rules or orders of, a self-regulatory organization as defined by United States Code, title 15, section 78c(a)(26); or

 

(iv) originated from, or intermingled with, information described in clause (9) and that a licensed residential mortgage originator, as defined under section 58.02, subdivision 19, or residential mortgage servicer, as defined under section 58.02, subdivision 20, collects, processes, uses, or maintains in the same manner as required under the laws and regulations specified in clause (9);

 

(7) information used only for public health activities and purposes, as described under Code of Federal Regulations, title 45, part 164.512;

 

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

 

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

 

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


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16223

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

 

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

 

(13) data collected or maintained:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(21) an air carrier subject to the federal Airline Deregulation Act, Public Law 95-504, only to the extent that an air carrier collects personal data related to prices, routes, or services and only to the extent that the provisions of the Airline Deregulation Act preempt the requirements of this chapter.

 

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


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16224

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

 

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

 

(b) Processors are responsible under this chapter for adhering to the instructions of the controller and assisting the controller to meet the controller's obligations under this chapter.  Assistance under this paragraph shall include the following:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16225

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

 

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

 

(g) Determining whether a person is acting as a controller or processor with respect to a specific processing of data is a fact-based determination that depends upon the context in which personal data are to be processed.  A person that is not limited in the person's processing of personal data pursuant to a controller's instructions, or that fails to adhere to a controller's instructions, is a controller and not a processor with respect to a specific processing of data.  A processor that continues to adhere to a controller's instructions with respect to a specific processing of personal data remains a processor.  If a processor begins, alone or jointly with others, determining the purposes and means of the processing of personal data, the processor is a controller with respect to the processing.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(h) A consumer has a right to obtain a list of the specific third parties to which the controller has disclosed the consumer's personal data.  If the controller does not maintain the information in a format specific to the consumer, a list of specific third parties to whom the controller has disclosed any consumers' personal data may be provided instead.


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16226

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

 

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

 

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

 

(d) A consumer may designate another person as the consumer's authorized agent to exercise the consumer's right to opt out of the processing of the consumer's personal data for purposes of targeted advertising and sale under subdivision 1, paragraph (f), on the consumer's behalf.  A consumer may designate an authorized agent by way of, among other things, a technology, including but not limited to an Internet link or a browser setting, browser extension, or global device setting, indicating the consumer's intent to opt out of the processing.  A controller shall comply with an opt-out request received from an authorized agent if the controller is able to verify, with commercially reasonable effort, the identity of the consumer and the authorized agent's authority to act on the consumer's behalf.

 

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

 

(1) not unfairly disadvantage another controller;

 

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

 

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

 

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

 

(5) enable the controller to accurately determine whether the consumer is a Minnesota resident and whether the consumer has made a legitimate request to opt out of any sale of the consumer's personal data or targeted advertising.  For purposes of this paragraph, the use of an Internet protocol address to estimate the consumer's location is sufficient to determine the consumer's residence.

 

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

 

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


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16227

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(h) A controller is not required to comply with a request to exercise any of the rights under subdivision 1, paragraphs (b) to (h), if the controller is unable to authenticate the request using commercially reasonable efforts.  In such cases, the controller may request the provision of additional information reasonably necessary to authenticate the request.  A controller is not required to authenticate an opt-out request, but a controller may deny an opt-out request if the controller has a good faith, reasonable, and documented belief that the request is fraudulent.  If a controller denies an opt-out request because the controller believes a request is fraudulent, the controller must notify the person who made the request that the request was denied due to the controller's belief that the request was fraudulent and state the controller's basis for that belief.

 

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

 

(1) Social Security number;

 

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

 

(3) financial account number;


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16228

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

 

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

 

(6) biometric data.

 

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

 

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

 

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

 

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

 

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

 

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

 

(c) Within 45 days of receipt of an appeal, a controller must inform the consumer of any action taken or not taken in response to the appeal, along with a written explanation of the reasons in support thereof.  That period may be extended by 60 additional days where reasonably necessary, taking into account the complexity and number of the requests serving as the basis for the appeal.  The controller must inform the consumer of any extension within 45 days of receipt of the appeal, together with the reasons for the delay.

 

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

 

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

 

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

 

(1) reidentify deidentified data;

 

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


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16229

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16230

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(c) A controller shall establish, implement, and maintain reasonable administrative, technical, and physical data security practices to protect the confidentiality, integrity, and accessibility of personal data, including the maintenance of an inventory of the data that must be managed to exercise these responsibilities.  The data security practices shall be appropriate to the volume and nature of the personal data at issue.

 

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


Journal of the House - 114th Day - Thursday, May 9, 2024 - Top of Page 16231

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

 

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

 

(g) A controller may not retain personal data that is no longer relevant and reasonably necessary in relation to the purposes for which the data were collected and processed, unless retention of the data is otherwise required by law or permitted under section 325O.09.

 

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

 

(b) A controller may not discriminate against a consumer for exercising any of the rights contained in this chapter, including denying goods or services to the consumer, charging different prices or rates for goods or services, and providing a different level of quality of goods and services to the consumer.  This subdivision does not:  (1) require a controller to provide a good or service that requires the consumer's personal data that the controller does not collect or maintain; or (2) prohibit a controller from offering a different price, rate, level, quality, or selection of goods or services to a consumer, including offering goods or services for no fee, if the offering is in connection with a consumer's voluntary participation in a bona fide loyalty, rewards, premium features, discounts, or club card program.

 

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

 

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

 

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

 

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