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.
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.
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.
(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.
(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).
(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.
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.
(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;
(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.
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.
(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.
(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.
(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.
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
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.
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.
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.
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.
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
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.
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.
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:
(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;
(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
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
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.
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.
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.
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.
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.
The question was taken on the Neu Brindley amendment and the
roll was called. There were 126 yeas and
0 nays
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
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.
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.
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
(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;
(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;
(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.
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.
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.
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
(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;
(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