Journal of the House - 119th Day - Sunday, May 19, 2024 - Top of Page 18041

STATE OF MINNESOTA

 

Journal of the House

 

NINETY-THIRD SESSION - 2024

 

_____________________

 

ONE HUNDRED NINETEENTH DAY

 

Saint Paul, Minnesota, Sunday, May 19, 2024

 

 

      The House of Representatives convened at 9:00 a.m. and was called to order by Melissa Hortman, Speaker of the House.

 

      The members of the House paused for a brief meditation or moment of reflection.

 

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

 

      The roll was called and the following members were present:

 


Acomb

Agbaje

Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Bahner

Bakeberg

Baker

Becker-Finn

Bennett

Berg

Bierman

Bliss

Brand

Burkel

Carroll

Cha

Clardy

Coulter

Curran

Davids

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

Robbins

Schomacker

Schultz

Scott

Sencer-Mura

Skraba

Smith

Stephenson

Swedzinski

Tabke

Torkelson

Urdahl

Vang

Virnig

Wiens

Witte

Wolgamott

Xiong

Youakim

Zeleznikar

Spk. Hortman


 

      A quorum was present.

 

      Daniels, Hudella and Wiener were excused.

 

      West until 12:45 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 - 119th Day - Sunday, May 19, 2024 - Top of Page 18042

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

Hansen, R.; Lee, K.; Liebling; Xiong; Greenman and Pursell introduced:

 

H. F. No. 5481, A bill for an act relating to legacy; appropriating money for bust of Supreme Court Justice Harry A. Blackmun.

 

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

 

 

Hansen, R., introduced:

 

H. F. No. 5482, A bill for an act relating to environment; modifying the membership and structure of the Clean Water Council; modifying duties; amending Minnesota Statutes 2022, sections 114D.20, subdivision 5; 114D.30, subdivisions 1, 2; Minnesota Statutes 2023 Supplement, section 114D.30, subdivisions 4, 6, 7; repealing Minnesota Statutes 2022, sections 114D.30, subdivision 5; 114D.35, subdivision 3.

 

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

 

 

Murphy introduced:

 

H. F. No. 5483, A bill for an act relating to elections; modifying penalties related to the solicitation, collection, acceptance, or delivery of certain absentee ballots or absentee ballot applications; amending Minnesota Statutes 2022, section 203B.03, as amended.

 

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

 

 

Niska, Rarick, Scott, Hudson, Novotny, Engen and Nash introduced:

 

H. F. No. 5484, A bill for an act relating to higher education; creating the Intellectual Freedom Protection Act regulating public postsecondary institutions; creating a private right of action and providing for enforcement by the attorney general; proposing coding for new law in Minnesota Statutes, chapter 135A.

 

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

 

 

Hassan; Agbaje; Jordan; Noor; Feist; Hussein; Lee, K.; Reyer; Acomb; Coulter; Curran; Edelson; Carroll; Hornstein; Rehm; Hansen, R.; Xiong; Clardy; Cha; Finke; Hemmingsen-Jaeger; Fischer and Frazier introduced:

 

H. F. No. 5485, A bill for an act relating to energy; prohibiting issuance of routing permits for pipelines that carry carbon dioxide; amending Minnesota Statutes 2022, section 216G.02, by adding a subdivision.

 

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


Journal of the House - 119th Day - Sunday, May 19, 2024 - Top of Page 18043

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

 

 

RECESS

 

 

RECONVENED

 

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

 

 

REPORT FROM THE COMMITTEE ON RULES

AND LEGISLATIVE ADMINISTRATION

 

      Long from the Committee on Rules and Legislative Administration, pursuant to rule 1.21, designated the following bills to be placed on the Supplemental Calendar for the Day for Sunday, May 19, 2024:

 

      H. F. Nos. 4746 and 5435.

 

 

CALENDAR FOR THE DAY

 

 

      H. F. No. 4746 was reported to the House.

 

 

Hassan  moved to amend H. F. No. 4746, the second engrossment, as follows:

 

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.


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(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.

 

(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.


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(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;

 

(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).


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(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).  The TNC may purchase the insurance coverage using a portion of the fare or fee paid by the rider or riders.  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).

 

(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.


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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;

 

(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, or while the driver otherwise uses a vehicle to transport passengers for compensation.

 

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.


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(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.

 

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 24 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;


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(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.

 

(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.


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

 

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) $1.28 per mile and $0.31 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, 2027, 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.

 

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

 

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, through the TNC's digital platform.  Updates or changes to the policy must be provided to drivers at least 48 hours before they go 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.


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(c) The deactivation policy must:

 

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

 

(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) what day the deactivation started on;

 

(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.


Journal of the House - 119th Day - Sunday, May 19, 2024 - Top of Page 18052

(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.

 

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 from the date the notice was provided to the driver to appeal the deactivation and allow the driver to have the support of an advocate or attorney.

 

(b) Unless the TNC or the driver requests an additional 15 days, a TNC must review and make a final decision 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 apply to 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) Except as provided under section 181C.06, the commissioner of labor and industry has exclusive enforcement authority and 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 - 119th Day - Sunday, May 19, 2024 - Top of Page 18053

(b) A provision in a contract between a TNC and a driver that violates this chapter is void and unenforceable.  Unless a valid arbitration agreement exists under section 181C.08, a driver may bring an action in district court seeking injunctive relief and any applicable remedies available under the contract 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 as provided under section 363A.11.  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 shall be construed to determine 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.  Upon a driver's written election to pursue remedies through arbitration, the driver must not seek remedies through district court based on the same alleged violation.

 

(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.  To the extent possible, a TNC shall use Minnesota as the venue for arbitration with a Minnesota driver.  If an arbitration cannot take place in the state of Minnesota, the driver must be allowed to appear via phone or other electronic means and apply the rights and remedies available under chapter 181C.  Arbitrators must be jointly selected by the TNC and the driver using the roster of qualified neutrals 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 the joint 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.  Notwithstanding section 13.39, the commissioner of labor and industry may provide data collected related to a compliance order issued under section 177.27, subdivision 4, to a local unit of government for purposes of a revocation under this section.


Journal of the House - 119th Day - Sunday, May 19, 2024 - Top of Page 18054

Sec. 11.  [181C.10] STATEWIDE REGULATIONS.

 

Notwithstanding any other provision of law and except as provided in section 181C.09 no local governmental unit of this state may enact or enforce any ordinance, local law, or regulation that:  (1) regulates any matter relating to transportation network companies or transportation network company drivers addressed in section 65B.472 or chapter 181C; or (2) requires the provision of data related to section 65B.472 or chapter 181C.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.  An ordinance, local law, or regulation existing on that date that is prohibited under this section is void and unenforceable as of that date.

 

Sec. 12.  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."

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.

 

 

      Torkelson offered an amendment to H. F. No. 4746, the second engrossment, as amended.

 

 

POINT OF ORDER

 

      Long raised a point of order pursuant to rule 3.21 that the Torkelson amendment was not in order.  The Speaker ruled the point of order well taken and the Torkelson amendment out of order.

 

 

      Torkelson appealed the decision of the Speaker.

 

 

      A roll call was requested and properly seconded.

 

 

      The vote was taken on the question "Shall the decision of the Speaker stand as the judgment of the House?" and the roll was called.  There were 70 yeas and 60 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bierman

Brand

Carroll

Cha

Clardy

Coulter

Curran

Edelson

Elkins

Feist

Finke

Fischer

Frazier

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Huot

Hussein

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Kozlowski

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Moller

Nelson, M.

Newton

Noor

Norris

Olson, L.

Pelowski

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Sencer-Mura

Smith

Stephenson

Tabke

Vang

Virnig

Wolgamott

Xiong

Youakim

Spk. Hortman


 


Journal of the House - 119th Day - Sunday, May 19, 2024 - Top of Page 18055

         Those who voted in the negative were:

 


Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Bakeberg

Baker

Bennett

Bliss

Burkel

Davids

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

Robbins

Schomacker

Schultz

Scott

Skraba

Swedzinski

Torkelson

Urdahl

Wiens

Witte

Zeleznikar


 

 

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

 

 

Schultz moved to amend H. F. No. 4746, the second engrossment, as amended, as follows:

 

Page 16, after line 16, insert:

 

"Sec. 11.  ENACTMENT PROHIBITED.

 

Sections 1 to 11 and 13 become effective on the date indicated unless the commissioner of public safety determines that enactment will increase drunk driving rates due to reduced usage of transportation network companies."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.

 

 

      The Speaker called Moller to the Chair.

 

 

      Schultz offered an amendment to H. F. No. 4746, the second engrossment, as amended.

 

 

POINT OF ORDER

 

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

 

 

      Schultz appealed the decision of Speaker pro tempore Moller.

 

 

      A roll call was requested and properly seconded.


Journal of the House - 119th Day - Sunday, May 19, 2024 - Top of Page 18056

         The vote was taken on the question "Shall the decision of Speaker pro tempore Moller stand as the judgment of the House?" and the roll was called.  There were 70 yeas and 59 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bierman

Brand

Carroll

Cha

Clardy

Coulter

Curran

Edelson

Elkins

Feist

Finke

Fischer

Frazier

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Huot

Hussein

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Kozlowski

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Moller

Nelson, M.

Newton

Noor

Norris

Olson, L.

Pelowski

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Sencer-Mura

Smith

Stephenson

Tabke

Vang

Virnig

Wolgamott

Xiong

Youakim

Spk. Hortman


 

      Those who voted in the negative were:

 


Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Bakeberg

Baker

Bennett

Bliss

Burkel

Davids

Davis

Demuth

Dotseth

Engen

Fogelman

Franson

Garofalo

Gillman

Grossell

Harder

Heintzeman

Hudson

Igo

Jacob

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

Robbins

Schomacker

Schultz

Scott

Skraba

Swedzinski

Torkelson

Urdahl

Wiens

Witte

Zeleznikar


 

 

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

 

 

Garofalo moved to amend H. F. No. 4746, the second engrossment, as amended, as follows:

 

Page 13, delete subdivision 4

 

Renumber the subdivisions in sequence

 

 

      A roll call was requested and properly seconded.

 

 

LAY ON THE TABLE

 

      Long moved that H. F. No. 4746, as amended, be laid on the table.  The motion prevailed.

 

 

MOTIONS AND RESOLUTIONS

 

 

TAKEN FROM THE TABLE

 

      Long moved that H. F. No. 3276 be taken from the table.  The motion prevailed. 


Journal of the House - 119th Day - Sunday, May 19, 2024 - Top of Page 18057

         H. F. No. 3276 was reported to the House.

 

 

Davis moved to amend H. F. No. 3276, the second engrossment, as follows:

 

Page 5, line 22, after the period, insert "Before ranked choice voting is submitted to the voters for adoption, the jurisdiction must conduct at least one public meeting at which members of the community can share opinions and express concerns about its potential implementation."

 

 

      A roll call was requested and properly seconded.

 

 

Frazier moved to amend the Davis amendment to H. F. No. 3276, the second engrossment, as follows:

 

Page 1, line 4, delete "and express concerns"

 

 

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

 

 

LAY ON THE TABLE

 

      Demuth moved that H. F. No. 3276 be laid on the table. 

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Demuth motion and the roll was called.  There were 60 yeas and 69 nays as follows:

 

      Those who voted in the affirmative were:

 


Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Bakeberg

Baker

Bennett

Bliss

Burkel

Davids

Davis

Demuth

Dotseth

Engen

Fogelman

Franson

Garofalo

Gillman

Grossell

Hansen, R.

Harder

Heintzeman

Hudson

Igo

Jacob

Johnson

Joy

Kiel

Knudsen

Koznick

Kresha

Lawrence

McDonald

Mekeland

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, N.

Niska

Novotny

O'Driscoll

Olson, B.

Perryman

Petersburg

Pfarr

Quam

Rarick

Robbins

Schomacker

Schultz

Scott

Skraba

Swedzinski

Torkelson

Urdahl

Wiens

Witte

Zeleznikar


 

      Those who voted in the negative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bierman

Brand

Carroll

Cha

Clardy

Coulter

Curran

Edelson

Elkins

Feist

Finke

Fischer

Frazier

Frederick

Freiberg

Gomez

Greenman

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.


Journal of the House - 119th Day - Sunday, May 19, 2024 - Top of Page 18058

Liebling

Lillie

Lislegard

Long

Moller

Neu Brindley

Newton

Noor

Norris

Olson, L.

Pelowski

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Sencer-Mura

Smith

Stephenson

Tabke

Vang

Virnig

Wolgamott

Xiong

Youakim

Spk. Hortman


 

 

      The motion did not prevail.

 

 

      The question recurred on the Davis amendment, as amended, and the roll was called.  There were 129 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Agbaje

Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Bahner

Bakeberg

Baker

Becker-Finn

Bennett

Berg

Bierman

Bliss

Brand

Burkel

Carroll

Cha

Clardy

Coulter

Curran

Davids

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

Robbins

Schomacker

Schultz

Scott

Sencer-Mura

Skraba

Smith

Stephenson

Swedzinski

Tabke

Torkelson

Urdahl

Vang

Virnig

Wiens

Witte

Wolgamott

Xiong

Youakim

Zeleznikar

Spk. Hortman


 

 

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

 

 

      The Speaker resumed the Chair.

 

 

      Klevorn was excused between the hours of 1:00 p.m. and 1:45 p.m.

 

 

      H. F. No. 3276, A bill for an act relating to elections; providing for ranked choice voting; authorizing jurisdictions to adopt ranked choice voting for local offices; establishing procedures for adoption, implementation, and use of ranked choice voting for local jurisdictions; allowing local jurisdictions to use electronic voting systems with a reallocation feature; authorizing rulemaking; appropriating money; amending Minnesota Statutes 2022, sections 204B.35, subdivision 1; 204C.21, by adding a subdivision; 204D.07, subdivision 3; 205.13, subdivision 2; 206.57, by adding a subdivision; Minnesota Statutes 2023 Supplement, section 206.83; proposing coding for new law in Minnesota Statutes, chapter 206; proposing coding for new law as Minnesota Statutes, chapter 204E.


Journal of the House - 119th Day - Sunday, May 19, 2024 - Top of Page 18059

         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 66 yeas and 62 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bierman

Brand

Carroll

Cha

Clardy

Coulter

Curran

Edelson

Elkins

Feist

Finke

Fischer

Frazier

Frederick

Freiberg

Gomez

Greenman

Hanson, J.

Hassan

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Huot

Hussein

Jordan

Keeler

Koegel

Kotyza-Witthuhn

Kozlowski

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Moller

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

Bliss

Burkel

Davids

Davis

Demuth

Dotseth

Engen

Fogelman

Franson

Garofalo

Gillman

Grossell

Hansen, R.

Harder

Heintzeman

Hudson

Igo

Jacob

Johnson

Joy

Kiel

Knudsen

Koznick

Kresha

Lawrence

McDonald

Mekeland

Mueller

Murphy

Nash

Nelson, M.

Nelson, N.

Neu Brindley

Niska

Novotny

O'Driscoll

Olson, B.

Pelowski

Perryman

Petersburg

Pfarr

Quam

Rarick

Robbins

Schomacker

Schultz

Scott

Skraba

Swedzinski

Torkelson

Urdahl

West

Wiens

Witte

Zeleznikar


 

 

      The bill did not pass.

 

 

TAKEN FROM THE TABLE

 

      Demuth moved that H. F. No. 4746, as amended, be taken from the table.  The motion prevailed. 

 

 

      The Speaker called Her to the Chair.

 

 

Engen moved to amend H. F. No. 4746, the second engrossment, as amended, as follows:

 

Page 16, line 16, insert: 

 

"Section 1.  [471.9999] TRANSPORTATION NETWORK COMPANIES; LOCAL REGULATION PROHIBITED.

 

A political subdivision of the state may not adopt or enforce an ordinance or other local law or rule regulating transportation network companies as defined under section 65B.472, subdivision 1, paragraph (e).

 

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

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly


Journal of the House - 119th Day - Sunday, May 19, 2024 - Top of Page 18060

         A roll call was requested and properly seconded.

 

 

      The question was taken on the Engen amendment and the roll was called.  There were 61 yeas and 70 nays as follows:

 

      Those who voted in the affirmative were:

 


Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Bakeberg

Baker

Bennett

Bliss

Burkel

Davids

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

Robbins

Schomacker

Schultz

Scott

Skraba

Swedzinski

Torkelson

Urdahl

West

Wiens

Witte

Zeleznikar


 

      Those who voted in the negative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bierman

Brand

Carroll

Cha

Clardy

Coulter

Curran

Edelson

Elkins

Feist

Finke

Fischer

Frazier

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Huot

Hussein

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Kozlowski

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Moller

Nelson, M.

Newton

Noor

Norris

Olson, L.

Pelowski

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Sencer-Mura

Smith

Stephenson

Tabke

Vang

Virnig

Wolgamott

Xiong

Youakim

Spk. Hortman


 

 

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

 

 

Neu Brindley moved to amend H. F. No. 4746, the second engrossment, as amended, as follows:

 

Page 16, after line 16, insert:

 

"Sec. 12.  ENACTMENT PROHIBITED.

 

Sections 1 to 11 and 13 become effective on the date indicated unless the commissioner of human services determines that enactment will reduce mobility for individuals with disabilities."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.


Journal of the House - 119th Day - Sunday, May 19, 2024 - Top of Page 18061

         The question was taken on the Neu Brindley amendment and the roll was called.  There were 131 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Agbaje

Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Bahner

Bakeberg

Baker

Becker-Finn

Bennett

Berg

Bierman

Bliss

Brand

Burkel

Carroll

Cha

Clardy

Coulter

Curran

Davids

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

Robbins

Schomacker

Schultz

Scott

Sencer-Mura

Skraba

Smith

Stephenson

Swedzinski

Tabke

Torkelson

Urdahl

Vang

Virnig

West

Wiens

Witte

Wolgamott

Xiong

Youakim

Zeleznikar

Spk. Hortman


 

 

      The motion prevailed and the amendment was adopted.

 

 

Nadeau moved to amend H. F. No. 4746, the second engrossment, as amended, as follows:

 

Page 16, after line 16, insert:

 

"Sec. 12.  ENACTMENT PROHIBITED.

 

Sections 1 to 11 and 13 become effective on the date indicated unless the commissioners of health and employment and economic development determine that enactment will reduce the ability for those without personal vehicles to access basic needs like health care, groceries, or employment."

 

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 - 119th Day - Sunday, May 19, 2024 - Top of Page 18062

Kresha moved to amend H. F. No. 4746, the second engrossment, as amended, as follows:

 

Page 16 after line 16, insert:

 

"Sec. 12.  ENACTMENT PROHIBITED.

 

Sections 1 to 11 and 13 become effective on the date indicated unless the commissioner of education determines that enactment will reduce access to schools and education for children."

 

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 Kresha amendment and the roll was called.  There were 131 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Agbaje

Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Bahner

Bakeberg

Baker

Becker-Finn

Bennett

Berg

Bierman

Bliss

Brand

Burkel

Carroll

Cha

Clardy

Coulter

Curran

Davids

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

Robbins

Schomacker

Schultz

Scott

Sencer-Mura

Skraba

Smith

Stephenson

Swedzinski

Tabke

Torkelson

Urdahl

Vang

Virnig

West

Wiens

Witte

Wolgamott

Xiong

Youakim

Zeleznikar

Spk. Hortman


 

 

      The motion prevailed and the amendment was adopted.

 

 

Niska moved to amend H. F. No. 4746, the second engrossment, as amended, as follows:

 

Page 16, after line 16, insert:

 

"Sec. 12.  Minnesota Statutes 2023 Supplement, section 363A.06, subdivision 1, is amended to read:

 

Subdivision 1.  Formulation of policies.  (a) The commissioner shall formulate policies to effectuate the purposes of this chapter and shall do the following:


Journal of the House - 119th Day - Sunday, May 19, 2024 - Top of Page 18063

(1) exercise leadership under the direction of the governor in the development of human rights policies and programs, and make recommendations to the governor and the legislature for their consideration and implementation;

 

(2) establish and maintain a principal office in St. Paul, and any other necessary branch offices at any location within the state;

 

(3) meet and function at any place within the state;

 

(4) employ attorneys, clerks, and other employees and agents as the commissioner may deem necessary and prescribe their duties;

 

(5) to the extent permitted by federal law and regulation, utilize the records of the Department of Employment and Economic Development of the state when necessary to effectuate the purposes of this chapter;

 

(6) obtain upon request and utilize the services of all state governmental departments and agencies;

 

(7) adopt suitable rules for effectuating the purposes of this chapter;

 

(8) issue complaints, receive and investigate charges alleging unfair discriminatory practices, and determine whether or not probable cause exists for hearing;

 

(9) subpoena witnesses, administer oaths, take testimony, and require the production for examination of any books or papers relative to any matter under investigation or in question as the commissioner deems appropriate to carry out the purposes of this chapter;

 

(10) attempt, by means of education, conference, conciliation, and persuasion to eliminate unfair discriminatory practices as being contrary to the public policy of the state;

 

(11) develop and conduct programs of formal and informal education designed to eliminate discrimination and intergroup conflict by use of educational techniques and programs the commissioner deems necessary;

 

(12) make a written report of the activities of the commissioner to the governor each year;

 

(13) accept gifts, bequests, grants, or other payments public and private to help finance the activities of the department;

 

(14) create such local and statewide advisory committees as will in the commissioner's judgment aid in effectuating the purposes of the Department of Human Rights;

 

(15) develop such programs as will aid in determining the compliance throughout the state with the provisions of this chapter, and in the furtherance of such duties, conduct research and study discriminatory practices based upon race, color, creed, religion, national origin, sex, gender identity, age, disability, marital status, status with regard to public assistance, familial status, sexual orientation, or other factors and develop accurate data on the nature and extent of discrimination and other matters as they may affect housing, employment, public accommodations, schools, and other areas of public life;

 

(16) develop and disseminate technical assistance to persons subject to the provisions of this chapter, and to agencies and officers of governmental and private agencies;


Journal of the House - 119th Day - Sunday, May 19, 2024 - Top of Page 18064

(17) provide staff services to such advisory committees as may be created in aid of the functions of the Department of Human Rights;

 

(18) make grants in aid to the extent that appropriations are made available for that purpose in aid of carrying out duties and responsibilities;

 

(19) cooperate and consult with the commissioner of labor and industry regarding the investigation of violations of, and resolution of complaints regarding section 363A.08, subdivision 7, or 181C.06; and

 

(20) analyze civil rights trends pursuant to this chapter, including information compiled from community organizations that work directly with historically marginalized communities, and prepare a report each biennium that recommends policy and system changes to reduce and prevent further civil rights incidents across Minnesota.  The report shall be provided to the chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over the Department of Human Rights.  This report must also be posted on the Department of Human Rights' public website and shared with community organizations that work with historically marginalized communities.

 

In performing these duties, the commissioner shall give priority to those duties in clauses (8), (9), and (10) and to the duties in section 363A.36.

 

(b) All gifts, bequests, grants, or other payments, public and private, accepted under paragraph (a), clause (13), must be deposited in the state treasury and credited to a special account.  Money in the account is appropriated to the commissioner of human rights to help finance activities of the department."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

Niska moved to amend the Niska amendment to H. F. No. 4746, the second engrossment, as amended, as follows:

 

Page 3, line 6, after the period, insert "Notwithstanding the forgoing or any other provision of law, the Department of Human Rights shall not, directly or indirectly, maintain in any collection or database any incidents of protected speech, nor shall the department, directly or indirectly, offer any reward for the reporting of any incidents of protected speech.  As used herein, "protected speech" shall include any exercise of the right of freedom of speech or of the press, the right to assemble or petition, or the right of association, guaranteed by the United States Constitution or the Minnesota Constitution."

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Niska amendment to the Niska amendment and the roll was called.  There were 131 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Agbaje

Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Bahner

Bakeberg

Baker

Becker-Finn

Bennett

Berg

Bierman

Bliss

Brand

Burkel

Carroll

Cha

Clardy

Coulter

Curran

Davids

Davis

Demuth


Journal of the House - 119th Day - Sunday, May 19, 2024 - Top of Page 18065

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

Robbins

Schomacker

Schultz

Scott

Sencer-Mura

Skraba

Smith

Stephenson

Swedzinski

Tabke

Torkelson

Urdahl

Vang

Virnig

West

Wiens

Witte

Wolgamott

Xiong

Youakim

Zeleznikar

Spk. Hortman


 

 

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

 

 

      The question recurred on the Niska amendment, as amended, to H. F. No. 4746, the second engrossment, as amended.  The motion prevailed and the amendment, as amended, was adopted.

 

 

Kresha moved to amend H. F. No. 4746, the second engrossment, as amended, as follows:

 

Page 15, line 12, before "Notwithstanding" insert:

 

"Subdivision 1.  Construction."

 

Page 15, after line 13, insert:

 

"Subd. 2.  Work stoppage exceptions.  In the event of a general work stoppage and notwithstanding any collective bargaining agreement, transportation services must continue for students with disabilities, students of area learning centers, transient students, students experiencing homelessness, and students served by the child protection or foster care system in accordance with the right to free and appropriate public education."

 

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 Kresha amendment and the roll was called.  There were 127 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Agbaje

Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Bahner

Bakeberg

Baker

Becker-Finn

Bennett

Berg

Bierman

Bliss

Brand

Burkel

Carroll

Cha


Journal of the House - 119th Day - Sunday, May 19, 2024 - Top of Page 18066

Clardy

Coulter

Curran

Davids

Davis

Demuth

Dotseth

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

Moller

Mueller

Murphy

Myers

Nadeau

Nash

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

Robbins

Schomacker

Schultz

Scott

Sencer-Mura

Skraba

Smith

Stephenson

Swedzinski

Tabke

Torkelson

Urdahl

Vang

Virnig

West

Wiens

Witte

Wolgamott

Xiong

Zeleznikar

Spk. Hortman


 

 

      The motion prevailed and the amendment was adopted.

 

 

Scott moved to amend H. F. No. 4746, the second engrossment, as amended, as follows:

 

Page 13, after line 24, insert:

 

"(c) A board member or an employee of the driver's advocacy organization contracted under this subdivision is prohibited from donating to a state legislator."

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Scott amendment and the roll was called.  There were 130 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Agbaje

Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Bahner

Bakeberg

Baker

Becker-Finn

Bennett

Berg

Bierman

Bliss

Brand

Burkel

Carroll

Cha

Clardy

Coulter

Curran

Davids

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.


Journal of the House - 119th Day - Sunday, May 19, 2024 - Top of Page 18067

Olson, L.

Pelowski

Pérez-Vega

Perryman

Petersburg

Pfarr

Pinto

Pryor

Pursell

Quam

Rarick

Rehm

Reyer

Robbins

Schomacker

Schultz

Scott

Sencer-Mura

Skraba

Smith

Stephenson

Swedzinski

Tabke

Torkelson

Urdahl

Vang

Virnig

Wiens

Witte

Wolgamott

Xiong

Youakim

Zeleznikar

Spk. Hortman


 

 

      The motion prevailed and the amendment was adopted.

 

 

Neu Brindley moved to amend H. F. No. 4746, the second engrossment, as amended, as follows:

 

Page 11, delete lines 19 to 21 and insert:

 

"(f) The commissioner of labor and industry must annually adjust the amounts in paragraph (a), clauses (1) to (4), based on the 12-month change in the consumer price index for all urban consumers."

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

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

 

 

      The question was taken on the Neu Brindley amendment and the roll was called.  There were 72 yeas and 57 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Bennett

Berg

Bierman

Brand

Carroll

Cha

Clardy

Coulter

Curran

Edelson

Elkins

Feist

Finke

Fischer

Frazier

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Huot

Hussein

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Kozlowski

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Moller

Nelson, M.

Newton

Noor

Norris

Olson, L.

Pelowski

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Sencer-Mura

Skraba

Smith

Stephenson

Tabke

Vang

Virnig

Wolgamott

Xiong

Youakim

Spk. Hortman


 

      Those who voted in the negative were:

 


Anderson, P. E.

Anderson, P. H.

Backer

Bakeberg

Baker

Bliss

Burkel

Davids

Davis

Demuth

Dotseth

Engen

Fogelman

Franson

Garofalo

Gillman

Grossell

Harder

Heintzeman

Hudson

Igo

Jacob

Johnson

Joy

Kiel

Knudsen

Koznick

Kresha

Lawrence

Mekeland

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, N.


Journal of the House - 119th Day - Sunday, May 19, 2024 - Top of Page 18068

Neu Brindley

Niska

Novotny

O'Driscoll

Olson, B.

Perryman

Petersburg

Pfarr

Quam

Rarick

Robbins

Schomacker

Schultz

Scott

Swedzinski

Torkelson

Urdahl

West

Wiens

Witte

Zeleznikar


 

 

      The motion prevailed and the amendment was adopted.

 

 

Franson moved to amend H. F. No. 4746, the second engrossment, as amended, as follows:

 

Page 13, line 10, after "with" insert ":  (1) an organization to provide sexual assault prevention training; and (2)"

 

Page 13, line 11, delete everything after the period and insert "Each"

 

Page 13, line 14, delete "advocacy"

 

Page 13, after line 24, insert:

 

"(c) The TNC must use 25 percent of the funds expended under this subdivision for sexual assault prevention training purposes."

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Franson amendment and the roll was called.  There were 124 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Agbaje

Anderson, P. E.

Anderson, P. H.

Backer

Bahner

Bakeberg

Becker-Finn

Bennett

Berg

Bierman

Bliss

Brand

Burkel

Carroll

Cha

Clardy

Coulter

Curran

Davids

Davis

Demuth

Dotseth

Edelson

Elkins

Engen

Feist

Finke

Fischer

Fogelman

Franson

Frazier

Frederick

Freiberg

Garofalo

Gillman

Gomez

Greenman

Grossell

Hansen, R.

Harder

Hassan

Heintzeman

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Hudson

Huot

Hussein

Igo

Jacob

Jordan

Joy

Keeler

Kiel

Klevorn

Knudsen

Koegel

Kotyza-Witthuhn

Kozlowski

Koznick

Kraft

Kresha

Lawrence

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Mekeland

Moller

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, M.

Nelson, N.

Newton

Niska

Noor

Norris

Novotny

O'Driscoll

Olson, B.

Olson, L.

Pelowski

Pérez-Vega

Perryman

Pfarr

Pinto

Pryor

Pursell

Quam

Rarick

Rehm

Reyer

Robbins

Schomacker

Schultz

Scott

Sencer-Mura

Skraba

Smith

Stephenson

Swedzinski

Tabke

Torkelson

Urdahl

Vang

Virnig

West

Wiens

Witte

Wolgamott

Xiong

Youakim

Zeleznikar

Spk. Hortman


 

 

      The motion prevailed and the amendment was adopted.


Journal of the House - 119th Day - Sunday, May 19, 2024 - Top of Page 18069

Neu Brindley moved to amend H. F. No. 4746, the second engrossment, as amended, as follows:

 

Page 15, line 13, after the period, insert:  "TNC drivers are considered independent contractors under section 181.723, subdivision 1, paragraph (h)."

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Neu Brindley amendment and the roll was called.  There were 60 yeas and 69 nays as follows:

 

      Those who voted in the affirmative were:

 


Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Bakeberg

Baker

Bennett

Bliss

Burkel

Davids

Davis

Demuth

Dotseth

Engen

Fogelman

Franson

Garofalo

Gillman

Grossell

Harder

Heintzeman

Hudson

Igo

Jacob

Johnson

Joy

Kiel

Knudsen

Koznick

Kresha

Lawrence

Mekeland

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, N.

Neu Brindley

Niska

Novotny

O'Driscoll

Olson, B.

Perryman

Petersburg

Pfarr

Quam

Rarick

Robbins

Schomacker

Schultz

Scott

Skraba

Swedzinski

Torkelson

Urdahl

West

Wiens

Witte

Zeleznikar


 

      Those who voted in the negative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bierman

Brand

Carroll

Cha

Clardy

Coulter

Curran

Edelson

Elkins

Feist

Finke

Fischer

Frazier

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Huot

Hussein

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Kozlowski

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Moller

Nelson, M.

Newton

Noor

Norris

Olson, L.

Pelowski

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Sencer-Mura

Smith

Stephenson

Tabke

Virnig

Wolgamott

Xiong

Youakim

Spk. Hortman


 

 

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

 

 

Franson moved to amend H. F. No. 4746, the second engrossment, as amended, as follows:

 

Page 13, after line 24, insert:

 

"(c) A director of the driver's advocacy organization contracted under this subdivision cannot have been convicted of fraud or been the recipient of an adverse administrative action related to a finding that the organization committed fraud."

 

 

      A roll call was requested and properly seconded.


Journal of the House - 119th Day - Sunday, May 19, 2024 - Top of Page 18070

         The question was taken on the Franson amendment and the roll was called.  There were 130 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Agbaje

Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Bahner

Bakeberg

Baker

Becker-Finn

Bennett

Berg

Bierman

Bliss

Brand

Burkel

Carroll

Cha

Clardy

Coulter

Curran

Davids

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

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

Robbins

Schomacker

Schultz

Scott

Sencer-Mura

Skraba

Smith

Stephenson

Swedzinski

Tabke

Torkelson

Urdahl

Vang

Virnig

West

Wiens

Witte

Wolgamott

Xiong

Youakim

Zeleznikar

Spk. Hortman


 

 

      The motion prevailed and the amendment was adopted.

 

 

Joy moved to amend H. F. No. 4746, the second engrossment, as amended, as follows:

 

Page 11, line 19, delete "2027" and insert "2035"

 

Amend the title accordingly

 

 

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

 

 

Neu Brindley moved to amend H. F. No. 4746, the second engrossment, as amended, as follows:

 

Page 13, after line 24, insert: 

 

"(c) To be eligible under this subdivision, a driver's advocacy organization must meet the requirements under sections 16B.981 and 16B.991.  If the requirements are not met, this subdivision does not apply."

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.


Journal of the House - 119th Day - Sunday, May 19, 2024 - Top of Page 18071

         The question was taken on the Neu Brindley amendment and the roll was called.  There were 126 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

Bliss

Brand

Burkel

Carroll

Cha

Clardy

Coulter

Curran

Davids

Davis

Demuth

Dotseth

Edelson

Elkins

Engen

Feist

Finke

Fischer

Fogelman

Franson

Frazier

Frederick

Freiberg

Garofalo

Gillman

Gomez

Grossell

Hansen, R.

Hanson, J.

Harder

Hassan

Heintzeman

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Howard

Hudson

Huot

Hussein

Igo

Jacob

Johnson

Jordan

Joy

Keeler

Kiel

Klevorn

Knudsen

Koegel

Kotyza-Witthuhn

Kozlowski

Koznick

Kresha

Lawrence

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

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

Robbins

Schomacker

Schultz

Scott

Sencer-Mura

Skraba

Smith

Stephenson

Swedzinski

Tabke

Torkelson

Urdahl

Vang

Virnig

West

Wiens

Witte

Wolgamott

Xiong

Youakim

Zeleznikar

Spk. Hortman


 

 

      The motion prevailed and the amendment was adopted.

 

 

      H. F. No. 4746, 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.

 

 

      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 71 yeas and 59 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bierman

Brand

Carroll

Cha

Clardy

Coulter

Curran

Edelson

Elkins

Feist

Finke

Fischer

Frazier

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Huot

Hussein

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Kozlowski

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Moller

Nelson, M.

Newton

Noor

Norris

Olson, L.

Pelowski

Pérez-Vega

Pinto

Pryor

Pursell

Rarick

Rehm

Reyer

Sencer-Mura

Smith

Stephenson

Tabke

Vang

Virnig

Wolgamott

Xiong

Youakim

Spk. Hortman



Journal of the House - 119th Day - Sunday, May 19, 2024 - Top of Page 18072

         Those who voted in the negative were:

 


Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Bakeberg

Baker

Bennett

Bliss

Burkel

Davids

Davis

Demuth

Dotseth

Engen

Fogelman

Franson

Garofalo

Gillman

Grossell

Harder

Heintzeman

Hudson

Igo

Jacob

Johnson

Joy

Kiel

Knudsen

Koznick

Kresha

Lawrence

Mekeland

Mueller

Murphy

Myers

Nadeau

Nash

Nelson, N.

Neu Brindley

Niska

Novotny

O'Driscoll

Olson, B.

Perryman

Petersburg

Pfarr

Quam

Robbins

Schomacker

Schultz

Scott

Skraba

Swedzinski

Torkelson

Urdahl

West

Wiens

Witte

Zeleznikar


 

 

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

 

 

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

 

 

MESSAGES FROM THE SENATE

 

 

      The following message was received from the Senate:

 

 

Madam Speaker:

 

I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:

 

H. F. No. 4738, A bill for an act relating to health; establishing an Office of Emergency Medical Services to replace the Emergency Medical Services Regulatory Board; specifying duties for the office; transferring duties; establishing advisory councils; establishing alternative EMS response model pilot program; making conforming changes; modifying provisions relating to ambulance service personnel and emergency medical responders; requiring a report; appropriating money; amending Minnesota Statutes 2022, sections 62J.49, subdivision 1; 144E.001, subdivision 3a, by adding subdivisions; 144E.101, by adding a subdivision; 144E.16, subdivision 5; 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; 214.025; 214.04, subdivision 2a; 214.29; 214.31; 214.355; Minnesota Statutes 2023 Supplement, sections 15A.0815, subdivision 2; 43A.08, subdivision 1a; 144E.101, subdivisions 6, 7, as amended; 152.126, subdivision 6; proposing coding for new law in Minnesota Statutes, chapter 144E; repealing Minnesota Statutes 2022, sections 144E.001, subdivision 5; 144E.01; 144E.123, subdivision 5; 144E.27, subdivisions 1, 1a; 144E.50, subdivision 3.

 

Thomas S. Bottern, Secretary of the Senate

 

 

CONCURRENCE AND REPASSAGE

 

      Huot moved that the House concur in the Senate amendments to H. F. No. 4738 and that the bill be repassed as amended by the Senate.  The motion prevailed.


Journal of the House - 119th Day - Sunday, May 19, 2024 - Top of Page 18073

H. F. No. 4738, A bill for an act relating to health; establishing an Office of Emergency Medical Services to replace the Emergency Medical Services Regulatory Board; specifying duties for the office; transferring duties; establishing advisory councils; establishing alternative EMS response model pilot program; making conforming changes; modifying provisions relating to ambulance service personnel and emergency medical responders; providing emergency ambulance service aid; requiring a report; appropriating money; amending Minnesota Statutes 2022, sections 62J.49, subdivision 1; 144E.001, subdivision 3a, by adding subdivisions; 144E.101, by adding a subdivision; 144E.16, subdivision 5; 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; 214.025; 214.04, subdivision 2a; 214.29; 214.31; 214.355; Minnesota Statutes 2023 Supplement, sections 15A.0815, subdivision 2; 43A.08, subdivision 1a; 144E.101, subdivisions 6, 7, as amended; 152.126, subdivision 6; proposing coding for new law in Minnesota Statutes, chapter 144E; repealing Minnesota Statutes 2022, sections 144E.001, subdivision 5; 144E.01; 144E.123, subdivision 5; 144E.27, subdivisions 1, 1a; 144E.50, subdivision 3.

 

 

      The bill was read for the third time, as amended by the Senate, and placed upon its repassage.

 

 

      The question was taken on the repassage of the bill and the roll was called.  There were 119 yeas and 11 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Agbaje

Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Bahner

Bakeberg

Baker

Becker-Finn

Bennett

Berg

Bierman

Bliss

Brand

Burkel

Carroll

Cha

Clardy

Coulter

Curran

Davids

Demuth

Dotseth

Edelson

Elkins

Engen

Feist

Finke

Fischer

Franson

Frazier

Frederick

Freiberg

Garofalo

Gillman

Gomez

Greenman

Hansen, R.

Hanson, J.

Harder

Hassan

Heintzeman

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Hudson

Huot

Hussein

Igo

Jacob

Johnson

Jordan

Keeler

Kiel

Klevorn

Knudsen

Koegel

Kotyza-Witthuhn

Kozlowski

Koznick

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

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

Pinto

Pryor

Pursell

Rarick

Rehm

Reyer

Robbins

Schomacker

Scott

Sencer-Mura

Skraba

Smith

Stephenson

Swedzinski

Tabke

Torkelson

Urdahl

Vang

Virnig

West

Wiens

Witte

Wolgamott

Xiong

Youakim

Zeleznikar

Spk. Hortman


 

      Those who voted in the negative were:

 


Davis

Fogelman

Grossell

Joy

Kresha

Lawrence

Mekeland

Petersburg

Pfarr

Quam

Schultz


 

 

      The bill was repassed, as amended by the Senate, and its title agreed to.


Journal of the House - 119th Day - Sunday, May 19, 2024 - Top of Page 18074

         The following Conference Committee Report was received:

 

 

CONFERENCE COMMITTEE REPORT ON H. F. No. 4247

 

A bill for an act relating to health; establishing registration for transfer care specialists; establishing licensure for behavior analysts; establishing licensure for veterinary technicians and a veterinary institutional license; modifying provisions of veterinary supervision; modifying specialty dentist licensure and dental assistant licensure by credentials; removing additional collaboration requirements for physician assistants to provide certain psychiatric treatment; modifying social worker provisional licensure; establishing guest licensure for marriage and family therapists; modifying pharmacy provisions for certain reporting requirements and change of ownership or relocation; appropriating money; amending Minnesota Statutes 2022, sections 148D.061, subdivisions 1, 8; 148D.062, subdivisions 3, 4; 148D.063, subdivisions 1, 2; 148E.055, by adding subdivisions; 149A.01, subdivision 3; 149A.02, subdivision 13a, by adding a subdivision; 149A.03; 149A.09; 149A.11; 149A.60; 149A.61, subdivisions 4, 5; 149A.62; 149A.63; 149A.65, subdivision 2; 149A.70, subdivisions 3, 4, 5, 7; 149A.90, subdivisions 2, 4, 5; 150A.06, subdivisions 1c, 8; 151.065, by adding subdivisions; 151.066, subdivisions 1, 2, 3; 156.001, by adding subdivisions; 156.07; 156.12, subdivisions 2, 4; Minnesota Statutes 2023 Supplement, section 148B.392, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 148; 148B; 149A; 156; repealing Minnesota Statutes 2022, sections 147A.09, subdivision 5; 148D.061, subdivision 9; 156.12, subdivision 6.

 

May 18, 2024

The Honorable Melissa Hortman

Speaker of the House of Representatives

 

The Honorable Bobby Joe Champion

President of the Senate

 

We, the undersigned conferees for H. F. No. 4247 report that we have agreed upon the items in dispute and recommend as follows:

 

That the Senate recede from its amendments and that H. F. No. 4247 be further amended as follows:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

TRANSFER CARE SPECIALISTS

 

Section 1.  Minnesota Statutes 2022, section 149A.01, subdivision 3, is amended to read:

 

Subd. 3.  Exceptions to licensure.  (a) Except as otherwise provided in this chapter, nothing in this chapter shall in any way interfere with the duties of:

 

(1) an anatomical bequest program located within an accredited school of medicine or an accredited college of mortuary science;

 

(2) a person engaged in the performance of duties prescribed by law relating to the conditions under which unclaimed dead human bodies are held subject to anatomical study;

 

(3) authorized personnel from a licensed ambulance service in the performance of their duties;

 

(4) licensed medical personnel in the performance of their duties; or


Journal of the House - 119th Day - Sunday, May 19, 2024 - Top of Page 18075

(5) the coroner or medical examiner in the performance of the duties of their offices.

 

(b) This chapter does not apply to or interfere with the recognized customs or rites of any culture or recognized religion in the ceremonial washing, dressing, casketing, and public transportation of their dead, to the extent that all other provisions of this chapter are complied with.

 

(c) Noncompensated persons with the right to control the dead human body, under section 149A.80, subdivision 2, may remove a body from the place of death; transport the body; prepare the body for disposition, except embalming; or arrange for final disposition of the body, provided that all actions are in compliance with this chapter.

 

(d) Persons serving internships pursuant to section 149A.20, subdivision 6, or; students officially registered for a practicum or clinical through a program of mortuary science accredited by the American Board of Funeral Service Education; or transfer care specialists registered pursuant to section 149A.47 are not required to be licensed, provided that the persons or, students, or transfer care specialists are registered with the commissioner and act under the direct and exclusive supervision of a person holding a current license to practice mortuary science in Minnesota.

 

(e) Notwithstanding this subdivision, nothing in this section shall be construed to prohibit an institution or entity from establishing, implementing, or enforcing a policy that permits only persons licensed by the commissioner to remove or cause to be removed a dead body or body part from the institution or entity.

 

(f) An unlicensed person may arrange for and direct or supervise a memorial service if that person or that person's employer does not have charge of the dead human body.  An unlicensed person may not take charge of the dead human body, unless that person has the right to control the dead human body under section 149A.80, subdivision 2, or is that person's noncompensated designee.

 

Sec. 2.  Minnesota Statutes 2022, section 149A.02, subdivision 13a, is amended to read:

 

Subd. 13a.  Direct supervision.  "Direct supervision" means overseeing the performance of an individual.  For the purpose of a clinical, practicum, or internship, direct supervision means that the supervisor is available to observe and correct, as needed, the performance of the trainee.  For the purpose of a transfer care specialist, direct supervision means that the supervisor is available by being physically present or by telephone to advise and correct, as needed, the performance of the transfer care specialist.  The supervising mortician supervisor is accountable for the actions of the clinical student, practicum student, or intern throughout the course of the training.  The supervising mortician is accountable for any violations of law or rule, in the performance of their duties, by the clinical student, practicum student, or intern, or transfer care specialist.

 

Sec. 3.  Minnesota Statutes 2022, section 149A.02, is amended by adding a subdivision to read:

 

Subd. 37d.  Transfer care specialist.  "Transfer care specialist" means an individual who is registered with the commissioner in accordance with section 149A.47 and is authorized to perform the removal of a dead human body from the place of death under the direct supervision of a licensed mortician.

 

Sec. 4.  Minnesota Statutes 2022, section 149A.03, is amended to read:

 

149A.03 DUTIES OF COMMISSIONER.

 

The commissioner shall:

 

(1) enforce all laws and adopt and enforce rules relating to the:

 

(i) removal, preparation, transportation, arrangements for disposition, and final disposition of dead human bodies;


Journal of the House - 119th Day - Sunday, May 19, 2024 - Top of Page 18076

(ii) licensure, registration, and professional conduct of funeral directors, morticians, interns, practicum students, and clinical students, and transfer care specialists;

 

(iii) licensing and operation of a funeral establishment;

 

(iv) licensing and operation of an alkaline hydrolysis facility; and

 

(v) licensing and operation of a crematory;

 

(2) provide copies of the requirements for licensure, registration, and permits to all applicants;

 

(3) administer examinations and issue licenses, registrations, and permits to qualified persons and other legal entities;

 

(4) maintain a record of the name and location of all current licensees and, interns, and transfer care specialists;

 

(5) perform periodic compliance reviews and premise inspections of licensees;

 

(6) accept and investigate complaints relating to conduct governed by this chapter;

 

(7) maintain a record of all current preneed arrangement trust accounts;

 

(8) maintain a schedule of application, examination, permit, registration, and licensure fees, initial and renewal, sufficient to cover all necessary operating expenses;

 

(9) educate the public about the existence and content of the laws and rules for mortuary science licensing and the removal, preparation, transportation, arrangements for disposition, and final disposition of dead human bodies to enable consumers to file complaints against licensees and others who may have violated those laws or rules;

 

(10) evaluate the laws, rules, and procedures regulating the practice of mortuary science in order to refine the standards for licensing and to improve the regulatory and enforcement methods used; and

 

(11) initiate proceedings to address and remedy deficiencies and inconsistencies in the laws, rules, or procedures governing the practice of mortuary science and the removal, preparation, transportation, arrangements for disposition, and final disposition of dead human bodies.

 

Sec. 5.  Minnesota Statutes 2022, section 149A.09, is amended to read:

 

149A.09 DENIAL; REFUSAL TO REISSUE; REVOCATION; SUSPENSION; LIMITATION OF LICENSE, REGISTRATION, OR PERMIT.

 

Subdivision 1.  Denial; refusal to renew; revocation; and suspension.  The regulatory agency may deny, refuse to renew, revoke, or suspend any license, registration, or permit applied for or issued pursuant to this chapter when the person subject to regulation under this chapter:

 

(1) does not meet or fails to maintain the minimum qualification for holding a license, registration, or permit under this chapter;

 

(2) submits false or misleading material information to the regulatory agency in connection with a license, registration, or permit issued by the regulatory agency or the application for a license, registration, or permit;


Journal of the House - 119th Day - Sunday, May 19, 2024 - Top of Page 18077

(3) violates any law, rule, order, stipulation agreement, settlement, compliance agreement, license, registration, or permit that regulates the removal, preparation, transportation, arrangements for disposition, or final disposition of dead human bodies in Minnesota or any other state in the United States;

 

(4) is convicted of a crime, including a finding or verdict of guilt, an admission of guilt, or a no contest plea in any court in Minnesota or any other jurisdiction in the United States.  "Conviction," as used in this subdivision, includes a conviction for an offense which, if committed in this state, would be deemed a felony or gross misdemeanor without regard to its designation elsewhere, or a criminal proceeding where a finding or verdict of guilty is made or returned, but the adjudication of guilt is either withheld or not entered;

 

(5) is convicted of a crime, including a finding or verdict of guilt, an admission of guilt, or a no contest plea in any court in Minnesota or any other jurisdiction in the United States that the regulatory agency determines is reasonably related to the removal, preparation, transportation, arrangements for disposition or final disposition of dead human bodies, or the practice of mortuary science;

 

(6) is adjudicated as mentally incompetent, mentally ill, developmentally disabled, or mentally ill and dangerous to the public;

 

(7) has a conservator or guardian appointed;

 

(8) fails to comply with an order issued by the regulatory agency or fails to pay an administrative penalty imposed by the regulatory agency;

 

(9) owes uncontested delinquent taxes in the amount of $500 or more to the Minnesota Department of Revenue, or any other governmental agency authorized to collect taxes anywhere in the United States;

 

(10) is in arrears on any court ordered family or child support obligations; or

 

(11) engages in any conduct that, in the determination of the regulatory agency, is unprofessional as prescribed in section 149A.70, subdivision 7, or renders the person unfit to practice mortuary science or to operate a funeral establishment or crematory.

 

Subd. 2.  Hearings related to refusal to renew, suspension, or revocation of license, registration, or permit.  If the regulatory agency proposes to deny renewal, suspend, or revoke a license, registration, or permit issued under this chapter, the regulatory agency must first notify, in writing, the person against whom the action is proposed to be taken and provide an opportunity to request a hearing under the contested case provisions of sections 14.57 to 14.62.  If the subject of the proposed action does not request a hearing by notifying the regulatory agency, by mail, within 20 calendar days after the receipt of the notice of proposed action, the regulatory agency may proceed with the action without a hearing and the action will be the final order of the regulatory agency.

 

Subd. 3.  Review of final order.  A judicial review of the final order issued by the regulatory agency may be requested in the manner prescribed in sections 14.63 to 14.69.  Failure to request a hearing pursuant to subdivision 2 shall constitute a waiver of the right to further agency or judicial review of the final order.

 

Subd. 4.  Limitations or qualifications placed on license, registration, or permit.  The regulatory agency may, where the facts support such action, place reasonable limitations or qualifications on the right to practice mortuary science or, to operate a funeral establishment or crematory, or to perform activities or actions permitted under this chapter.


Journal of the House - 119th Day - Sunday, May 19, 2024 - Top of Page 18078

Subd. 5.  Restoring license, registration, or permit.  The regulatory agency may, where there is sufficient reason, restore a license, registration, or permit that has been revoked, reduce a period of suspension, or remove limitations or qualifications.

 

Sec. 6.  Minnesota Statutes 2022, section 149A.11, is amended to read:

 

149A.11 PUBLICATION OF DISCIPLINARY ACTIONS.

 

The regulatory agencies shall report all disciplinary measures or actions taken to the commissioner.  At least annually, the commissioner shall publish and make available to the public a description of all disciplinary measures or actions taken by the regulatory agencies.  The publication shall include, for each disciplinary measure or action taken, the name and business address of the licensee or, intern, or transfer care specialist; the nature of the misconduct,; and the measure or action taken by the regulatory agency.

 

Sec. 7.  [149A.47] TRANSFER CARE SPECIALIST.

 

Subdivision 1.  General.  A transfer care specialist may remove a dead human body from the place of death under the direct supervision of a licensed mortician if the transfer care specialist is registered with the commissioner in accordance with this section.  A transfer care specialist is not licensed to engage in the practice of mortuary science and shall not engage in the practice of mortuary science except as provided in this section.  A transfer care specialist must be an employee of a licensed funeral establishment.

 

Subd. 2.  Registration.  (a) To be eligible for registration as a transfer care specialist, an applicant must submit to the commissioner:

 

(1) a completed application on a form provided by the commissioner that includes at a minimum:

 

(i) the applicant's name, home address and telephone number, business name, business address and telephone number, and email address; and

 

(ii) the name, license number, business name, and business address and telephone number of the supervising licensed mortician;

 

(2) proof of completion of a training program that meets the requirements specified in subdivision 4; and

 

(3) the appropriate fee specified in section 149A.65.

 

(b) All transfer care specialist registrations are valid for one calendar year, beginning on January 1 and ending on December 31 regardless of the date of issuance.  Fees shall not be prorated.

 

Subd. 3.  Duties.  (a) A transfer care specialist registered under this section is authorized to perform the removal of a dead human body from the place of death in accordance with this chapter to a licensed funeral establishment.  A transfer care specialist must comply with the universal precaution requirements in section 149A.91, subdivision 1, when handling a dead human body.

 

(b) A transfer care specialist must work under the direct supervision of a licensed mortician.  The supervising mortician is responsible for the work performed by the transfer care specialist.  A licensed mortician may supervise up to four transfer care specialists at any one time.


Journal of the House - 119th Day - Sunday, May 19, 2024 - Top of Page 18079

Subd. 4.  Training program and continuing education.  (a) Each transfer care specialist must complete a training program prior to initial registration.  A training program must be at least seven hours long and must cover, at a minimum, the following:

 

(1) ethical care and transportation procedures for a deceased person;

 

(2) health and safety concerns to the public and the individual performing the transfer of the deceased person, and the use of universal precautions and other reasonable precautions to minimize the risk for transmitting communicable diseases; and

 

(3) all relevant state and federal laws and regulations related to the transfer and transportation of deceased persons.

 

(b) A transfer care specialist must complete three hours of continuing education annually on content described in paragraph (a), clauses (1) to (3), and submit evidence of completion with the individual's registration renewal.

 

Subd. 5.  Renewal.  (a) A registration issued under this section expires on December 31 of the calendar year in which the registration was issued and must be renewed to remain valid.

 

(b) To renew a registration, a transfer care specialist must submit to the commissioner a completed renewal application as provided by the commissioner and the appropriate fee specified in section 149A.65.  The renewal application must include proof of completion of the continuing education requirements in subdivision 4.

 

Sec. 8.  Minnesota Statutes 2022, section 149A.60, is amended to read:

 

149A.60 PROHIBITED CONDUCT.

 

The regulatory agency may impose disciplinary measures or take disciplinary action against a person whose conduct is subject to regulation under this chapter for failure to comply with any provision of this chapter or laws, rules, orders, stipulation agreements, settlements, compliance agreements, licenses, registrations, and permits adopted, or issued for the regulation of the removal, preparation, transportation, arrangements for disposition or final disposition of dead human bodies, or for the regulation of the practice of mortuary science.

 

Sec. 9.  Minnesota Statutes 2022, section 149A.61, subdivision 4, is amended to read:

 

Subd. 4.  Licensees and, interns, and transfer care specialists.  A licensee or, intern, or transfer care specialist regulated under this chapter may report to the commissioner any conduct that the licensee or, intern, or transfer care specialist has personal knowledge of, and reasonably believes constitutes grounds for, disciplinary action under this chapter.

 

Sec. 10.  Minnesota Statutes 2022, section 149A.61, subdivision 5, is amended to read:

 

Subd. 5.  Courts.  The court administrator of district court or any court of competent jurisdiction shall report to the commissioner any judgment or other determination of the court that adjudges or includes a finding that a licensee or, intern, or transfer care specialist is a person who is mentally ill, mentally incompetent, guilty of a felony or gross misdemeanor, guilty of violations of federal or state narcotics laws or controlled substances acts; appoints a guardian or conservator for the licensee or, intern, or transfer care specialist; or commits a licensee or, intern, or transfer care specialist.


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Sec. 11.  Minnesota Statutes 2022, section 149A.62, is amended to read:

 

149A.62 IMMUNITY; REPORTING.

 

Any person, private agency, organization, society, association, licensee, or intern, or transfer care specialist who, in good faith, submits information to a regulatory agency under section 149A.61 or otherwise reports violations or alleged violations of this chapter, is immune from civil liability or criminal prosecution.  This section does not prohibit disciplinary action taken by the commissioner against any licensee or, intern, or transfer care specialist pursuant to a self report of a violation.

 

Sec. 12.  Minnesota Statutes 2022, section 149A.63, is amended to read:

 

149A.63 PROFESSIONAL COOPERATION.

 

A licensee, clinical student, practicum student, intern, transfer care specialist, or applicant for licensure under this chapter that is the subject of or part of an inspection or investigation by the commissioner or the commissioner's designee shall cooperate fully with the inspection or investigation.  Failure to cooperate constitutes grounds for disciplinary action under this chapter.

 

Sec. 13.  Minnesota Statutes 2022, section 149A.65, subdivision 2, is amended to read:

 

Subd. 2.  Mortuary science fees.  Fees for mortuary science are:

 

(1) $75 for the initial and renewal registration of a mortuary science intern;

 

(2) $125 for the mortuary science examination;

 

(3) $200 for issuance of initial and renewal mortuary science licenses;

 

(4) $100 late fee charge for a license renewal; and

 

(5) $250 for issuing a mortuary science license by endorsement.; and

 

(6) $226 for the initial and renewal registration of a transfer care specialist.

 

Sec. 14.  Minnesota Statutes 2022, section 149A.70, subdivision 3, is amended to read:

 

Subd. 3.  Advertising.  No licensee, clinical student, practicum student, or intern, or transfer care specialist shall publish or disseminate false, misleading, or deceptive advertising.  False, misleading, or deceptive advertising includes, but is not limited to:

 

(1) identifying, by using the names or pictures of, persons who are not licensed to practice mortuary science in a way that leads the public to believe that those persons will provide mortuary science services;

 

(2) using any name other than the names under which the funeral establishment, alkaline hydrolysis facility, or crematory is known to or licensed by the commissioner;

 

(3) using a surname not directly, actively, or presently associated with a licensed funeral establishment, alkaline hydrolysis facility, or crematory, unless the surname had been previously and continuously used by the licensed funeral establishment, alkaline hydrolysis facility, or crematory; and


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(4) using a founding or establishing date or total years of service not directly or continuously related to a name under which the funeral establishment, alkaline hydrolysis facility, or crematory is currently or was previously licensed.

 

Any advertising or other printed material that contains the names or pictures of persons affiliated with a funeral establishment, alkaline hydrolysis facility, or crematory shall state the position held by the persons and shall identify each person who is licensed or unlicensed under this chapter.

 

Sec. 15.  Minnesota Statutes 2022, section 149A.70, subdivision 4, is amended to read:

 

Subd. 4.  Solicitation of business.  No licensee shall directly or indirectly pay or cause to be paid any sum of money or other valuable consideration for the securing of business or for obtaining the authority to dispose of any dead human body.

 

For purposes of this subdivision, licensee includes a registered intern, transfer care specialist, or any agent, representative, employee, or person acting on behalf of the licensee.

 

Sec. 16.  Minnesota Statutes 2022, section 149A.70, subdivision 5, is amended to read:

 

Subd. 5.  Reimbursement prohibited.  No licensee, clinical student, practicum student, or intern, or transfer care specialist shall offer, solicit, or accept a commission, fee, bonus, rebate, or other reimbursement in consideration for recommending or causing a dead human body to be disposed of by a specific body donation program, funeral establishment, alkaline hydrolysis facility, crematory, mausoleum, or cemetery.

 

Sec. 17.  Minnesota Statutes 2022, section 149A.70, subdivision 7, is amended to read:

 

Subd. 7.  Unprofessional conduct.  No licensee or, intern, or transfer care specialist shall engage in or permit others under the licensee's or, intern's, or transfer care specialist's supervision or employment to engage in unprofessional conduct.  Unprofessional conduct includes, but is not limited to:

 

(1) harassing, abusing, or intimidating a customer, employee, or any other person encountered while within the scope of practice, employment, or business;

 

(2) using profane, indecent, or obscene language within the immediate hearing of the family or relatives of the deceased;

 

(3) failure to treat with dignity and respect the body of the deceased, any member of the family or relatives of the deceased, any employee, or any other person encountered while within the scope of practice, employment, or business;

 

(4) the habitual overindulgence in the use of or dependence on intoxicating liquors, prescription drugs, over‑the‑counter drugs, illegal drugs, or any other mood altering substances that substantially impair a person's work-related judgment or performance;

 

(5) revealing personally identifiable facts, data, or information about a decedent, customer, member of the decedent's family, or employee acquired in the practice or business without the prior consent of the individual, except as authorized by law;

 

(6) intentionally misleading or deceiving any customer in the sale of any goods or services provided by the licensee;


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(7) knowingly making a false statement in the procuring, preparation, or filing of any required permit or document; or

 

(8) knowingly making a false statement on a record of death.

 

Sec. 18.  Minnesota Statutes 2022, section 149A.90, subdivision 2, is amended to read:

 

Subd. 2.  Removal from place of death.  No person subject to regulation under this chapter shall remove or cause to be removed any dead human body from the place of death without being licensed or registered by the commissioner.  Every dead human body shall be removed from the place of death by a licensed mortician or funeral director, except as provided in section 149A.01, subdivision 3.

 

Sec. 19.  Minnesota Statutes 2022, section 149A.90, subdivision 4, is amended to read:

 

Subd. 4.  Certificate of removal.  No dead human body shall be removed from the place of death by a mortician or, funeral director, or transfer care specialist or by a noncompensated person with the right to control the dead human body without the completion of a certificate of removal and, where possible, presentation of a copy of that certificate to the person or a representative of the legal entity with physical or legal custody of the body at the death site.  The certificate of removal shall be in the