STATE OF
MINNESOTA
EIGHTY-EIGHTH
SESSION - 2014
_____________________
ONE
HUNDRED FIRST DAY
Saint Paul, Minnesota, Friday, May 9, 2014
The House of Representatives convened at
10:00 a.m. and was called to order by Paul Thissen, Speaker of the House.
Prayer was offered by the Reverend John
Straiton, St. Andrew's Lutheran Church, Mahtomedi, Minnesota.
The members of the House gave the pledge
of allegiance to the flag of the United States of America.
The roll was called and the following
members were present:
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Wills
Winkler
Woodard
Yarusso
Zellers
Spk. Thissen
A quorum was present.
Abeler, Beard, FitzSimmons, Fritz, Holberg
and Ward, J.E., were excused.
Mack was excused until 11:55 a.m. Hilstrom was excused until 12:25 p.m. Hoppe was excused until 12:35 p.m. Zerwas was excused until 1:40 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.
REPORTS OF CHIEF CLERK
S. F. No. 2546 and
H. F. No. 2574, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Slocum moved that the rules be so far
suspended that S. F. No. 2546 be substituted for
H. F. No. 2574 and that the House File be indefinitely
postponed. The motion prevailed.
REPORTS OF STANDING COMMITTEES AND
DIVISIONS
Murphy, E., from the Committee on Rules and Legislative Administration to which was referred:
H. F. No. 1068, A bill for an act relating to capital investment; appropriating money for capital improvement projects; modifying grant programs; authorizing the Housing Finance Agency to issue housing infrastructure bonds; amending Minnesota Statutes 2012, sections 12A.16, subdivision 5; 174.50, subdivisions 6b, 7; 174.52, subdivision 3; 462A.37, subdivision 2, by adding subdivisions.
Reported the same back with the recommendation that the bill be placed on the General Register.
Joint Rule 2.03 has been waived for any subsequent committee action on this bill.
The
report was adopted.
Murphy, E., from the Committee on Rules and Legislative Administration to which was referred:
H. F. No. 2490, A bill for an act relating to capital investment; authorizing spending to acquire and better public land and buildings and other improvements of a capital nature with certain conditions; modifying previous appropriations; establishing new programs and modifying existing programs; authorizing the use of negotiated sales; authorizing the transfer of state bond-financed property; authorizing the sale and issuance of state bonds; appropriating money; amending Minnesota Statutes 2012, sections 16A.641, by adding a subdivision; 16A.642, subdivisions 1, 2; 16A.695, by adding a subdivision; 134.45, subdivision 5b; 135A.034, subdivision 2; Laws 2008, chapter 179, section 16, subdivision 5; Laws 2009, chapter 93, article 1, section 11, subdivision 4; Laws 2010, chapter 189, sections 15, subdivision 5; 21, subdivision 11; Laws 2011, First Special Session chapter 12, section 18, subdivision 5; Laws 2012, chapter 293, sections 19, subdivision 4; 21, subdivision 6; Laws 2012, First Special Session chapter 1, article 1, section 9, subdivision 3; article 2, section 4, subdivision 2; Laws 2013, chapter 136, sections 4; 7; proposing coding for new law in Minnesota Statutes, chapter 116J.
Reported the same back with the recommendation that the bill be placed on the General Register.
Joint Rule 2.03 has been waived for any subsequent committee action on this bill.
The
report was adopted.
Murphy, E., from the Committee on Rules and Legislative Administration to which was referred:
H. F. No. 3368, A resolution memorializing the President and Congress concerning the detention and torture of the Somali people in Kenya.
Reported the same back with the recommendation that the bill be placed on the General Register.
Joint Rule 2.03 has been waived for any subsequent committee action on this bill.
The
report was adopted.
SECOND READING OF HOUSE BILLS
H. F. Nos. 1068, 2490 and
3368 were read for the second time.
SECOND READING
OF SENATE BILLS
S. F. No. 2546 was read for
the second time.
Clark was excused between the hours of
11:20 a.m. and 1:45 p.m.
Anderson, M., was excused for the
remainder of today's session.
Murphy, E., 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.
MESSAGES FROM THE SENATE
The
following messages were received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 2265, A bill for an act relating to elections; voters; authorizing secretary of state to obtain certain data from Department of Public Safety; authorizing secretary of state to share certain data; amending Minnesota Statutes 2012, sections 171.12, subdivision 7a; 201.13, subdivision 3.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 2543, A bill for an act relating to environment; classifying certain data; modifying certain reporting requirements; modifying and creating certain permitting efficiencies; modifying duties of Pollution Control Agency; modifying administrative penalty order and field citation provisions; providing civil penalties; requiring rulemaking; appropriating money; amending Minnesota Statutes 2012, sections 13.741, by adding a subdivision; 84.027, subdivision 14a, by adding a subdivision; 115.03, subdivisions 1, 10; 115.551; 116.03, subdivision 2b; 116.07, subdivision 4d; 116.072, subdivision 2; 116.073, subdivisions 1, 2; 116J.035, subdivision 8.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:
H. F. No. 2092, A bill for an act relating to motor vehicles; license plates; authorizing a veteran's special motorcycle plate for combat wounded veterans; amending Minnesota Statutes 2012, section 168.123, subdivision 1.
The Senate has appointed as such committee:
Senators Sheran, Pratt and Tomassoni.
Said House File is herewith returned to the House.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:
H. F. No. 2214, A bill for an act relating to transportation; making technical changes to provisions affecting the Department of Transportation; clarifying contracting requirements; modifying U-turn rules; providing bridge inspection authority in certain instances; modifying seasonal load restrictions; modifying Web site requirements to advertise for bids; modifying reporting requirements; modifying appropriations; amending Minnesota Statutes 2012, sections 16A.124, subdivision 5; 161.32, subdivision 5; 162.06, subdivision 1; 162.081, subdivision 4; 162.12, subdivision 1; 165.03, subdivision 3; 165.12, subdivision 1; 169.19, subdivision 2; 169.781, subdivision 10; 169.782, subdivision 4; 169.865, subdivision 2; 169.87, subdivision 6; 171.02, subdivision 2; 171.03; 174.37, subdivision 6; 221.031, by adding subdivisions; 331A.12; Minnesota Statutes 2013 Supplement, sections 161.44, subdivision 1a; 169.19, subdivision 1; 174.12, subdivision 2; Laws 2010, chapter 189, sections 15, subdivision 12; 26, subdivision 4; Laws 2012, chapter 287, article 2, sections 1; 3; Laws 2012, First Special Session chapter 1, article 1, section 28; Laws 2013, chapter 127, section 67; repealing Minnesota Statutes 2012, section 161.115, subdivision 240; Minnesota Statutes 2013 Supplement, section 221.0314, subdivision 9a.
The Senate has appointed as such committee:
Senators Reinert, Dibble and Gazelka.
Said House File is herewith returned to the House.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:
H. F. No. 2446, A bill for an act relating to public safety; granting the Board of Pharmacy cease and desist authority to prevent the sale of synthetic drugs; modifying laws governing misbranding drugs, adulterated drugs; expanding the definition of drug; repealing the sunset and legislative reporting requirement for the Board of Pharmacy's emergency drug scheduling authority; providing for mandatory restitution when a person is convicted for selling controlled substance under false pretense of being legal; establishing a public education plan; appropriating money; amending Minnesota Statutes 2012, sections 151.01, subdivision 5; 151.06, subdivision 1a, by adding a subdivision; 151.26, subdivision 1; 151.34; 151.35; 151.36; 152.02, subdivision 8b; proposing coding for new law in Minnesota Statutes, chapter 152.
The Senate has appointed as such committee:
Senators Reinert, Eaton and Miller.
Said House File is herewith returned to the House.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
H. F. No. 2536, A bill for an act relating to state government; providing for the Women's Economic Security Act; requiring equal pay certificates of compliance; modifying workforce development provisions; creating women and high-wage, high-demand, nontraditional jobs grant program; modifying eligibility for unemployment insurance benefits; offering women entrepreneurs business development competitive grants; requiring a report on a potential state-administered retirement savings plan; modifying parenting leave, sick leave, and pregnancy accommodations; providing employment protections for women and family caregivers; providing wage disclosure protection; modifying the award of early childhood scholarships; appropriating money; amending Minnesota Statutes 2012, sections 13.552, by adding a subdivision; 181.939; 181.940, subdivision 2; 181.941; 181.943; 268.095, subdivisions 1, 6; 363A.03, by adding a subdivision; 363A.08, subdivisions 1, 2, 3, 4, by adding subdivisions; Minnesota Statutes 2013 Supplement, sections 116L.665, subdivision 2; 124D.165, subdivision 3; 181.9413; proposing coding for new law in Minnesota Statutes, chapters 116L; 181; 363A.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce the Senate refuses to concur in the House amendments to the following Senate File:
S. F. No. 2065, A bill for an act relating to labor and industry; extending an independent contractor registration pilot project; exempting certain sawmills from high pressure boiler attendance requirements; amending Minnesota Statutes 2012, sections 181.723, subdivisions 4, 4a, 5, 7; 326B.988; proposing coding for new law in Minnesota Statutes, chapter 326B.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Senators Schmit, Sparks and Dahms.
Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.
JoAnne M. Zoff, Secretary of the Senate
Mahoney moved that the House accede to the
request of the Senate and that the Speaker appoint a Conference Committee of 3
members of the House to meet with a like committee appointed by the Senate on
the disagreeing votes of the two houses on S. F. No. 2065. The motion prevailed.
Mr. 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. 2654, A bill for an act relating to public safety; eliminating part-time peace officer licensure; amending Minnesota Statutes 2012, section 626.8468, subdivision 1; repealing Minnesota Statutes 2012, sections 626.8462; 626.8464; 626.8465, subdivision 3; 626.8468, subdivision 2; Minnesota Rules, part 6700.1101, subparts 5, 6.
JoAnne M. Zoff, Secretary of the Senate
CONCURRENCE
AND REPASSAGE
Cornish moved that the House concur in the
Senate amendments to H. F. No. 2654 and that the bill be
repassed as amended by the Senate. The
motion prevailed.
H. F. No. 2654, A bill for an act relating to public safety; eliminating part-time peace officer licensure; amending Minnesota Statutes 2012, section 626.8468, subdivision 1; repealing Minnesota Statutes 2012, sections 626.8462; 626.8464; 626.8465, subdivision 3; 626.8468, subdivision 2; Minnesota Rules, part 6700.1101, subparts 5, 6.
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 100 yeas and 22 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, S.
Anzelc
Atkins
Barrett
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Cornish
Daudt
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Erickson, S.
Falk
Faust
Fischer
Freiberg
Garofalo
Gruenhagen
Gunther
Halverson
Hansen
Hausman
Hornstein
Hortman
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kresha
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Persell
Petersburg
Poppe
Radinovich
Rosenthal
Runbeck
Savick
Sawatzky
Schoen
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Wills
Winkler
Yarusso
Zellers
Spk. Thissen
Those who voted in the negative were:
Anderson, P.
Benson, M.
Davids
Dean, M.
Dettmer
Drazkowski
Fabian
Franson
Green
Hackbarth
Hamilton
Hertaus
Howe
Kiel
Leidiger
Peppin
Pugh
Quam
Sanders
Schomacker
Swedzinski
Woodard
The bill was repassed, as amended by the
Senate, and its title agreed to.
Mr. Speaker:
I hereby announce the Senate refuses to concur in the House amendments to the following Senate File:
S. F. No. 2175, A bill for an act relating to state government; prohibiting state agencies from paying more than ten percent over the appraised value to acquire real property; proposing coding for new law in Minnesota Statutes, chapter 16B.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Senators Bonoff, Miller and Clausen.
Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.
JoAnne M. Zoff, Secretary of the Senate
Pelowski moved that the House accede to
the request of the Senate and that the Speaker appoint a Conference Committee
of 3 members of the House to meet with a like committee appointed by the Senate
on the disagreeing votes of the two houses on
S. F. No. 2175. The
motion prevailed.
Mr. 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. 2402, A bill for an act relating to state government; making changes to health and human services policy provisions; modifying provisions relating to children and family services, the provision of health services, chemical and mental health services, health-related occupations, Department of Health, public health, continuing care, public assistance programs, and health care; establishing reporting requirements and grounds for disciplinary action for health professionals; making changes to the medical assistance program; modifying provisions governing juvenile safety and placement; regulating the sale and use of tobacco-related and electronic delivery devices; modifying requirements for local boards of health; making changes to provisions governing the Board of Pharmacy; modifying home and community-based services standards; revising the Minnesota family investment program; establishing and modifying task forces and advisory councils; making changes to grant programs; modifying certain penalty fees; requiring studies and reports; amending Minnesota Statutes 2012, sections 13.46, subdivision 2; 62J.497, subdivision 5; 119B.02, subdivision 2; 119B.09, subdivisions 6, 13; 144.1501, subdivision 1; 144.414, by adding a subdivision; 144.4165; 144D.065; 144E.101, subdivision 6; 145.928, by adding a subdivision; 145A.02, subdivisions 5, 15, by adding subdivisions; 145A.03, subdivisions 1, 2, 4, 5, by adding a subdivision; 145A.04, as amended; 145A.05, subdivision 2; 145A.06, subdivisions 2, 5, 6, by adding subdivisions; 145A.07, subdivisions 1, 2; 145A.08; 145A.11, subdivision 2; 145A.131; 148.01, subdivisions 1, 2, by adding a subdivision; 148.105, subdivision 1; 148.6402, subdivision 17; 148.6404; 148.6430; 148.6432, subdivision 1; 148.7802, subdivisions 3, 9; 148.7803, subdivision 1; 148.7805, subdivision 1; 148.7808, subdivisions 1, 4; 148.7812, subdivision 2; 148.7813, by adding a subdivision; 148.7814; 148.995, subdivision 2; 148B.5301, subdivisions 2, 4; 149A.92, by adding a subdivision; 150A.01, subdivision 8a; 150A.06, subdivisions 1, 1a, 1c, 1d, 2, 2a, 2d, 3, 8; 150A.091, subdivision 16; 150A.10; 151.01; 151.06; 151.211; 151.26; 151.34; 151.35; 151.361, subdivision 2; 151.37, as amended; 151.44; 151.58, subdivisions 2, 3, 5; 153.16, subdivisions 1, 2, 3, by adding subdivisions; 214.103, subdivisions 2, 3; 214.12, by adding a subdivision; 214.29; 214.31; 214.32; 214.33, subdivision 3, by adding a subdivision; 245A.02, subdivision 19; 245A.03, subdivision 6a; 245A.155, subdivisions 1, 2, 3; 245A.65, subdivision 2; 245C.04, by adding a subdivision; 253B.092, subdivision 2; 254B.01, by adding a subdivision; 254B.05, subdivision 5; 256.962, by adding a subdivision; 256B.0654, subdivision 1; 256B.0659, subdivisions 11, 28; 256B.0751, by adding a subdivision; 256B.493, subdivision 1; 256B.5016, subdivision 1; 256B.69, subdivision 16, by adding a subdivision; 256D.01, subdivision 1e; 256D.05, by adding a subdivision; 256D.405, subdivision 1; 256E.30, by adding a subdivision; 256G.02, subdivision 6; 256I.03, subdivision 3; 256I.04, subdivisions 1a, 2a; 256J.09, subdivision 3; 256J.20, subdivision 3; 256J.30, subdivisions 4, 12; 256J.32, subdivisions 6, 8; 256J.38, subdivision 6; 256J.49, subdivision 13; 256J.521, subdivisions 1, 2; 256J.53, subdivisions 2, 5; 256J.626, subdivisions 5, 8; 256J.67; 256J.68, subdivisions 1, 2, 4, 7, 8; 256J.751, subdivision 2; 256K.26, subdivision 4; 260C.157, subdivision 3; 260C.215, subdivisions 4, 6, by adding a subdivision; 325H.05; 325H.09; 393.01, subdivisions 2, 7; 461.12; 461.18; 461.19; 609.685; 609.6855; 626.556, subdivision 11c; 626.5561, subdivision 1; Minnesota Statutes 2013 Supplement, sections 144.1225, subdivision 2; 144.493, subdivisions 1, 2; 144A.474, subdivisions 8, 12; 144A.475, subdivision 3, by adding subdivisions; 145.4716, subdivision 2; 145A.06, subdivision 7; 151.252, by adding a subdivision; 245A.1435; 245A.50, subdivision 5; 245D.02, by adding a subdivision; 245D.05, subdivisions 1, 1b; 245D.06, subdivision 1; 245D.07, subdivision 2; 245D.071, subdivisions 1, 3, 4, 5; 245D.09, subdivisions 3, 4, 4a, 5; 245D.095, subdivision 3; 245D.22, subdivision 4; 245D.31, subdivisions 3, 4, 5; 245D.33; 254A.035, subdivision 2; 254A.04; 256B.04, subdivision 21; 256B.0625, subdivision 9; 256B.0659, subdivision 21; 256B.0922, subdivision 1; 256B.4912, subdivision 10; 256B.492; 256B.766; 256B.85, subdivision 12; 256J.21, subdivision 2; 256J.24, subdivision 3; 256J.621, subdivision 1; 256J.626, subdivisions 6, 7; 260.835, subdivision 2; 626.556, subdivision 7; 626.557, subdivision 9; Laws 2011, First Special Session chapter 9, article 7, section 7; Laws 2013, chapter 108, article 7, section 60; proposing coding for new law in Minnesota Statutes, chapters 144; 144D; 150A; 151; 214; 245A; 260D; 325F; 325H; 403; 461; repealing Minnesota Statutes 2012, sections 145A.02, subdivision 2; 145A.03, subdivisions 3, 6; 145A.09, subdivisions 1, 2, 3, 4, 5, 7; 145A.10, subdivisions 1, 2, 3, 4, 5a, 7, 9, 10; 145A.12, subdivisions 1, 2, 7; 148.01, subdivision 3; 148.7808, subdivision 2; 148.7813; 214.28; 214.36; 214.37;
256.01, subdivision 32; 325H.06; 325H.08; Minnesota Statutes 2013 Supplement, sections 148.6440; 245D.071, subdivision 2; Laws 2011, First Special Session chapter 9, article 6, section 95, subdivisions 1, 2, 3, 4; Minnesota Rules, parts 2500.0100, subparts 3, 4b, 9b; 2500.4000; 9500.1126; 9500.1450, subpart 3; 9500.1452, subpart 3; 9500.1456; 9505.5300; 9505.5305; 9505.5310; 9505.5315; 9505.5325; 9525.1580.
JoAnne M. Zoff, Secretary of the Senate
Liebling moved that the House refuse to
concur in the Senate amendments to H. F. No. 2402, that the
Speaker appoint a Conference Committee of 5 members of the House, and that the
House requests that a like committee be appointed by the Senate to confer on
the disagreeing votes of the two houses.
The motion prevailed.
Mr. Speaker:
I hereby announce the passage by the
Senate of the following Senate File, herewith transmitted:
S. F. No. 2343.
JoAnne M. Zoff,
Secretary of the Senate
FIRST READING OF SENATE BILLS
S. F. No. 2343, A bill for an act relating to state government; modifying investment reporting; amending Minnesota Statutes 2012, section 471.6175, subdivision 4.
The bill was read for the first time.
Murphy, M., moved that S. F. No. 2343 and H. F. No. 2945, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
The following Conference Committee Report
was received:
CONFERENCE COMMITTEE REPORT ON H. F. No. 1984
A bill for an act relating to state government; providing for enhancement of accountability and transparency in public construction; establishing a requirement for a definition of responsible contractor; proposing coding for new law in Minnesota Statutes, chapter 16C.
May 8, 2014
The Honorable Paul Thissen
Speaker of the House of Representatives
The Honorable Sandra L. Pappas
President of the Senate
We, the undersigned conferees for H. F. No. 1984 report that we have agreed upon the items in dispute and recommend as follows:
That the House concur in the Senate amendments and that H. F. No. 1984 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1. [16C.285]
RESPONSIBLE CONTRACTOR REQUIREMENT DEFINED.
Subdivision 1. Definitions. (a) For purposes of this section, the
terms defined in this subdivision have the meanings given them.
(b) "Construction contract"
means a contract or subcontract of any tier for work on a project.
(c) "Contractor" means a
prime contractor or subcontractor, and does not include a material supplier.
(d) "Contracting authority"
means a state agency, the Minnesota State Colleges and Universities, the University
of Minnesota, the Metropolitan Council, the Metropolitan Airports Commission,
or a municipality that enters into a construction contract or authorizes or
directs entering into a construction contract.
(e) "Municipality" means a
county, town, home rule charter or statutory city, school district, housing and
redevelopment authority, port authority, economic development authority, sports
facilities authority, joint powers board or organization created under section
471.59 or other statute, special district, instrumentality, drainage authority,
watershed district, destination medical center corporation, or other municipal
corporation or political subdivision of the state authorized by law to enter
into contracts.
(f) "Prime contractor" means
a vendor that submits a bid or proposal or otherwise responds to a solicitation
document of a contracting authority for work on a project or is awarded a
construction contract by a contracting authority for work on a project. A prime contractor includes a construction
manager for purposes of this section.
(g) "Principal" means an
owner holding at least a 25 percent ownership interest in a business.
(h) "Project" means building,
erection, construction, alteration, remodeling, demolition, or repair of
buildings, real property, highways, roads, bridges, or other construction work
performed pursuant to a construction contract.
(i) "Related entity" means:
(1) a firm, partnership, corporation,
joint venture, or other legal entity substantially under the control of a contractor
or vendor;
(2) a predecessor corporation or other
legal entity having one or more of the same principals as the contractor or
vendor;
(3) a subsidiary of a contractor or
vendor;
(4) one or more principals of a contractor or vendor; and
(5) a person, firm, partnership,
corporation, joint venture, or other legal entity that substantially controls a
contractor or vendor.
(j) "Solicitation document"
means an invitation to bid, bid specifications, request for proposals, request
for qualifications, or other solicitation of contractors for purposes of a
construction contract.
(k)
"Subcontractor" means a vendor that seeks to enter into a subcontract
or enters into a subcontract for work on a project.
(l) "Vendor" means a
business, including a construction contractor or a natural person, and includes
both if the natural person is engaged in a business.
Subd. 2. Responsible contractor required. (a) A contractor must meet the minimum criteria in subdivision 3 to be eligible to be awarded a construction contract as the lowest responsible bidder or the vendor or contractor offering the best value as provided in section 16C.28, 103D.811, 103E.505, 116A.13, 123B.52, 160.17, 160.262, 161.32, 161.3206, 161.3209, 161.38, 162.17, 365.37, 374.13, 375.21, 383C.094, 412.311, 429.041, 458D.21, 469.015, 469.068, 469.101, 471.345, 473.4057, 473.523, 473.652, 473.756, 473J.11, or any of their successor provisions.
(b) This section applies to publicly
owned or financed projects where the contracting authority's construction
contract with the prime contractor is estimated to exceed $50,000 and is
awarded pursuant to a lowest responsible bidder selection method or a best
value selection method. A subcontractor
must meet the minimum criteria in subdivision 3 to be eligible to be awarded a
subcontract on a project regardless of the value of the subcontract.
(c) If only one prime contractor
responds to a solicitation document, a contracting authority may award a
construction contract to the responding prime contractor even if the minimum
criteria in subdivision 3 are not met.
Subd. 3. Minimum
criteria. "Responsible
contractor" means a contractor that conforms to the responsibility
requirements in the solicitation document for its portion of the work on the
project and verifies that it meets the following minimum criteria:
(1) the contractor:
(i) is in compliance with workers'
compensation and unemployment insurance requirements;
(ii) is currently registered with the
Department of Revenue and the Department of Employment and Economic Development
if it has employees;
(iii) has a valid federal tax
identification number or a valid Social Security number if an individual; and
(iv) has filed a certificate of
authority to transact business in Minnesota with the secretary of state if a
foreign corporation or cooperative;
(2) the contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 177.24, 177.25, 177.41 to 177.44, 181.13, 181.14, or 181.722, and has not violated United States Code, title 29, sections 201 to 219, or United States Code, title 40, sections 3141 to 3148. For purposes of this clause, a violation occurs when a contractor or related entity:
(i) repeatedly fails to pay statutorily
required wages or penalties on one or more separate projects for a total
underpayment of $25,000 or more within the three-year period;
(ii) has been issued an order to comply
by the commissioner of labor and industry that has become final;
(iii) has been issued at least two determination letters within the three-year period by the Department of Transportation finding an underpayment by the contractor or related entity to its own employees;
(iv)
has been found by the commissioner of labor and industry to have repeatedly or
willfully violated any of the sections referenced in this clause pursuant to
section 177.27;
(v) has been issued a ruling or
findings of underpayment by the administrator of the Wage and Hour Division of
the United States Department of Labor that have become final or have been
upheld by an administrative law judge or the Administrative Review Board; or
(vi) has been found liable for
underpayment of wages or penalties or misrepresenting a construction worker as
an independent contractor in an action brought in a court having jurisdiction.
Provided that, if the contractor or related entity
contests a determination of underpayment by the Department of Transportation in
a contested case proceeding, a violation does not occur until the contested
case proceeding has concluded with a determination that the contractor or
related entity underpaid wages or penalties;
(3) the contractor or related entity is
in compliance with and, during the three-year period before submitting the verification,
has not violated section 181.723 or chapter 326B. For purposes of this clause, a violation
occurs when a contractor or related entity has been issued a final
administrative or licensing order;
(4) the contractor or related entity
has not, more than twice during the three-year period before submitting the
verification, had a certificate of compliance under section 363A.36 revoked or
suspended based on the provisions of section 363A.36, with the revocation or
suspension becoming final because it was upheld by the Office of Administrative
Hearings or was not appealed to the office;
(5) the contractor or related entity
has not received a final determination assessing a monetary sanction from the
Department of Administration or Transportation for failure to meet targeted
group business, disadvantaged business enterprise, or veteran-owned business
goals, due to a lack of good faith effort, more than once during the three-year
period before submitting the verification;
(6) the contractor or related entity is
not currently suspended or debarred by the federal government or the state of
Minnesota or any of its departments, commissions, agencies, or political
subdivisions; and
(7) all subcontractors that the
contractor intends to use to perform project work have verified to the
contractor through a signed statement under oath by an owner or officer that
they meet the minimum criteria listed in clauses (1) to (6).
Any violations, suspensions,
revocations, or sanctions, as defined in clauses (2) to (5), occurring prior to
July 1, 2014, shall not be considered in determining whether a contractor or
related entity meets the minimum criteria.
Subd. 4. Verification
of compliance. A contractor
responding to a solicitation document of a contracting authority shall submit
to the contracting authority a signed statement under oath by an owner or
officer verifying compliance with each of the minimum criteria in subdivision 3
at the time that it responds to the solicitation document. A contracting authority may accept a sworn
statement as sufficient to demonstrate that a contractor is a responsible
contractor and shall not be held liable for awarding a contract in reasonable
reliance on that statement. Failure to
verify compliance with any one of the minimum criteria or a false statement
under oath in a verification of compliance shall render the prime contractor or
subcontractor that makes the false statement ineligible to be awarded a
construction contract on the project for which the verification was submitted. A false statement under oath verifying
compliance with any of the minimum criteria may result in termination of a
construction contract that has already been awarded to a prime contractor or
subcontractor that submits a false statement.
A contracting authority shall not be liable for declining to award a
contract or terminating a contract based on a reasonable determination that the
contractor failed to verify compliance with the minimum criteria or falsely
stated that it meets the minimum criteria.
Subd. 5. Subcontractor
verification. A prime
contractor or subcontractor shall include in its verification of compliance
under subdivision 4 a list of all of its first-tier subcontractors that it
intends to retain for work on the project.
If a prime contractor or any subcontractor retains additional
subcontractors on the project after submitting its verification of compliance,
the prime contractor or subcontractor shall obtain verifications of compliance
from each additional subcontractor with which it has a direct contractual
relationship and shall submit a supplemental verification confirming compliance
with subdivision 3, clause (7), within 14 days of retaining the additional
subcontractors. A prime contractor shall
submit to the contracting authority upon request copies of the signed
verifications of compliance from all subcontractors of any tier pursuant to
subdivision 3, clause (7). A prime
contractor and subcontractors shall not be responsible for the false statements
of any subcontractor with which they do not have a direct contractual
relationship. A prime contractor and
subcontractors shall be responsible for false statements by their first-tier
subcontractors with which they have a direct contractual relationship only if
they accept the verification of compliance with actual knowledge that it
contains a false statement.
Subd. 6. Additional
criteria. Nothing in this
section shall restrict the discretion of a contracting authority to establish
additional criteria for defining a responsible contractor.
Subd. 7. Implementation. The definition of responsible
contractor, as defined in subdivision 3, or a statement that the term
responsible contractor as used in the solicitation document means a contractor
as defined in subdivision 3, shall be included in the solicitation document for
all projects covered by this section. The
solicitation document for any project shall state that any prime contractor or
subcontractor that does not meet the minimum criteria in subdivision 3 or fails
to verify that it meets those criteria is not a responsible contractor and is
not eligible to be awarded a construction contract for the project or to
perform work on the project. The
solicitation document shall provide that a false statement under oath verifying
compliance with any of the minimum criteria shall render the prime contractor
or subcontractor that makes the false statement ineligible to be awarded a
construction contract on the project and may result in termination of a
contract awarded to a prime contractor or subcontractor that submits a false
statement. The solicitation document
shall state that a prime contractor shall submit to the contracting authority
upon request copies of the signed verifications of compliance from all
subcontractors of any tier pursuant to subdivision 3, clause (7).
Subd. 8. Effective date. This section is effective January 1, 2015, and shall apply to all construction contracts entered into based on solicitation documents issued on or after that date."
Delete the title and insert:
"A bill for an act relating to state government; providing for enhancement of accountability and transparency in public construction; establishing a requirement for and a definition of responsible contractor; proposing coding for new law in Minnesota Statutes, chapter 16C."
We request the adoption of this report and repassage of the bill.
House Conferees: Mike Sundin, Joe Mullery and Nick Zerwas.
Senate Conferees: Tom
Saxhaug, Jeff Hayden and Karin Housley.
Sundin moved that the report of the
Conference Committee on H. F. No. 1984 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
H. F. No. 1984, A bill for an act relating to state government; providing for enhancement of accountability and transparency in public construction; establishing a requirement for a definition of responsible contractor; proposing coding for new law in Minnesota Statutes, chapter 16C.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 84 yeas and 38 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anzelc
Atkins
Barrett
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Cornish
Davids
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Garofalo
Gunther
Halverson
Hamilton
Hansen
Hausman
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Kresha
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newberger
Newton
Norton
O'Driscoll
Paymar
Pelowski
Persell
Petersburg
Poppe
Radinovich
Rosenthal
Sanders
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Uglem
Urdahl
Wagenius
Ward, J.A.
Winkler
Yarusso
Spk. Thissen
Those who voted in the negative were:
Anderson, P.
Anderson, S.
Benson, M.
Daudt
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
Franson
Green
Gruenhagen
Hackbarth
Hertaus
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Leidiger
Lohmer
Loon
McDonald
Myhra
Nornes
O'Neill
Peppin
Pugh
Quam
Runbeck
Schomacker
Scott
Swedzinski
Theis
Torkelson
Wills
Woodard
Zellers
The bill was repassed, as amended by
Conference, and its title agreed to.
ANNOUNCEMENTS BY THE SPEAKER
The Speaker announced the appointment of
the following members of the House to a Conference Committee on
H. F. No. 2402:
Liebling, Loeffler, Halverson, Morgan and
Mack.
The Speaker announced the appointment of
the following members of the House to a Conference Committee on
S. F. No. 2065:
Mahoney; Ward, J.E., and Gunther.
The Speaker announced the appointment of
the following members of the House to a Conference Committee on
S. F. No. 2175:
Carlson, Pelowski and Drazkowski.
The following Conference Committee
Reports were received:
CONFERENCE COMMITTEE REPORT ON H. F. No. 2834
A bill for an act relating to energy; modifying, adding, or authorizing provisions governing medically necessary equipment, propane sales, low-income rate discounts, interconnection of distributed renewable generation, electric vehicle charging tariffs, on-bill payment programs, energy efficiency programs, emissions reduction planning, certificates of need, solar energy systems, and transmission lines; requiring a report; amending Minnesota Statutes 2012, sections 216B.098, subdivision 5; 216B.16, subdivision 14; 216B.1611, by adding a subdivision; 216B.241, by adding a subdivision; 216B.2422, by adding a subdivision; 216B.243, subdivision 8; 216C.41, subdivision 4; 216C.436, subdivision 4, by adding a subdivision; 216E.01, by adding a subdivision; 216E.04, subdivision 2; 239.051, subdivision 29; 239.785, by adding a subdivision; 325E.027; 515.07; 515B.2-103; 515B.3-102; Laws 2013, chapter 57, section 2; Laws 2014, chapter 145, section 1; proposing coding for new law in Minnesota Statutes, chapters 216B; 216E; 500; repealing Minnesota Rules, parts 3300.0800; 3300.0900; 3300.1000, subparts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 22, 23, 24, 25, 25a, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36; 3300.1100; 3300.1200; 3300.1300; 3300.1400; 3300.1500; 3300.1600; 3300.1700; 3300.1800; 3300.1900; 7607.0100; 7607.0110; 7607.0120; 7607.0130; 7607.0140; 7607.0150; 7607.0160; 7607.0170; 7607.0180; 7610.0300; 7685.0100; 7685.0120; 7685.0130; 7685.0140.
May 7, 2014
The Honorable Paul Thissen
Speaker of the House of Representatives
The Honorable Sandra L. Pappas
President of the Senate
We, the undersigned conferees for H. F. No. 2834 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. 2834 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2012, section 16C.144, subdivision 3, is amended to read:
Subd. 3. Lease
purchase agreement. The commissioner
may enter into a lease purchase agreement with any party for the implementation
of utility cost-savings measures in accordance with the guaranteed
energy-savings agreement. The
implementation costs of the utility cost-savings measures recommended in the
engineering report shall not exceed the amount to be saved in utility and
operation and maintenance costs over the term of the lease purchase agreement. The term of the lease purchase agreement
shall not exceed 15 25 years from the date of final installation. The lease is assignable in accordance with
terms approved by the commissioner of management and budget.
Sec. 2. Minnesota Statutes 2012, section 216B.098, subdivision 5, is amended to read:
Subd. 5. Medically
necessary equipment. (a) A
utility shall reconnect or continue service to a customer's residence where a
medical emergency exists or where medical equipment requiring electricity
necessary to sustain life is in use, provided that the utility receives from
a medical doctor written certification, or initial certification by
telephone and written certification within five business days, that failure to
reconnect or continue service will impair or threaten the health or safety of a
resident of the customer's household. The
customer must enter into a payment agreement.
(b)
Certification of the necessity for service is required. Certification may be provided by:
(1) a licensed medical doctor;
(2) a licensed physician assistant;
(3) an advanced practice registered
nurse, as defined in section 148.171; or
(4) a registered nurse, but only to the
extent of verifying the current diagnosis or prescriptions made by a licensed
medical doctor for the customer or member of the customer's household.
(c) Except as provided in paragraph
(d), a certification may not extend beyond six months from the date of written
certification.
(d) If a utility determines that a
longer certification is appropriate given a particular customer's
circumstances, the utility may, at its sole discretion, extend the duration of
a certification for up to 12 months.
(e) A certification may be renewed,
provided that the renewal complies with this subdivision. A certification may be renewed by the same or
another medical professional who meets the qualifications of paragraph (b).
(f) A customer whose account is in
arrears must contact and enter into a payment agreement with the utility. The payment agreement must consider a
customer's financial circumstances and any extenuating circumstances of the
household. The payment agreement may, at
the discretion of the utility, contain a provision by which the utility forgives
all or a portion of the amount in which the account is in arrears, which, if
implemented, extinguishes individual liability for the amount forgiven.
Sec. 3. [216B.0991]
DEFINITIONS.
Subdivision 1. Scope. For the purposes of sections 216B.0991
to 216B.0995, the terms defined in this section have the meanings given them.
Subd. 2. Customer. "Customer" means a person
who has an established relationship with a propane distributor and whose
propane system meets the safety guidelines established by the propane
distributor for residential heating service.
Subd. 3. LIHEAP. "LIHEAP" means the
low-income home energy assistance program.
Subd. 4. Propane
distributor. "Propane
distributor" means a person who sells propane at retail to customers as their
primary residential heat source; propane distributors are not public utilities.
Subd. 5. Residential
heating service. "Residential
heating service" means the provision of the primary source of heat for the
interior of a residential structure.
Sec. 4. [216B.0992]
PRICE AND FEE DISCLOSURE.
A propane distributor must provide a
document listing the current per-gallon price of propane and all additional
charges, fees, and discounts that pertain to residential heating service. The document must be:
(1) made available to the general
public upon request; and
(2) provided to new customers before
residential heating service is initiated.
Sec. 5. [216B.0993]
BUDGET PAYMENT PLAN.
(a) A propane distributor who offers
customers a budget payment plan must make that same plan available to all
customers, including those who participate in the LIHEAP program.
(b) A budget payment plan must equalize
a customer's estimated annual propane bill by dividing it into equal monthly
payments. Any budget plan started after
the propane distributor's traditional budget plan start date will be divided by
the remaining months in the budget plan year.
Any positive balance remaining at the end of a year may, at the
customer's discretion, be provided to the customer as a cash payment or carried
over as a credit on the customer's bill for the next year.
(c) A propane distributor must notify a
customer on a budget payment plan of a price or fee change that may affect the
monthly amount due under the budget payment plan by more than 20 percent.
(d) A propane distributor may alter or
terminate the plan if a customer has failed to pay two monthly payments during
the period of the budget payment plan. In
lieu of the requirements of this section, the parties may enter into a mutually
agreeable plan.
Sec. 6. [216B.0994]
PROPANE PURCHASE CONTRACTS.
A propane distributor is prohibited
from adding any service, distribution, transportation, or similar fees to
customer billings for those customers who have entered into a contract for prepurchasing
or capitated pricing of propane for the period of the contract provided that:
(1) the customer has met all
obligations of that contract; and
(2) the propane distributor can receive
product from its contracted supply points and a force majeure has not been
declared by the propane distributor's supplier.
Sec. 7. [216B.0995]
TERMS OF SALE.
Subdivision 1. Cash
sales. A propane distributor
with an available supply of propane must not refuse to sell propane to a
customer who:
(1) pays the distributor's established
price upon delivery in cash, by certified or cashier's check, or by commercial
money order or its equivalent; or
(2) receives energy assistance from
LIHEAP or a governmental or private agency that has funds available to pay for
a delivery.
Subd. 2. LIHEAP
participation; delivery. A
propane distributor who accepts LIHEAP payments must, upon request, make
available to its customers information regarding LIHEAP, including income
eligibility and contact information for organizations accepting LIHEAP
applications.
Subd. 3. Third-party
credit disclosure. A propane
distributor must not make known the names of past or present delinquent
customers to other propane distributors, except in the course of a routine
credit check performed when a prospective customer applies for credit
privileges.
Sec. 8. Minnesota Statutes 2012, section 216B.16, subdivision 14, is amended to read:
Subd. 14. Low-income
electric rate discount. A public
utility shall fund an affordability program for low-income customers in an
amount based on a 50 percent electric rate discount on the first 400
kilowatt-hours consumed in a billing period for low-income residential
customers of the utility at a base annual funding level of $8,000,000. The annual funding level shall increase in
the calendar years subsequent to each commission approval of a rate increase
for the public utility's residential customers by the same percentage as the
approved residential rate increase. Costs
for the program shall be included in the utility's base rate. For the purposes of this subdivision,
"low-income" describes a customer who is receiving assistance from
the federal low-income home energy assistance program. The affordability program must be designed to
target participating customers with the lowest incomes and highest energy costs
in order to lower the percentage of income they devote to energy bills,
increase their payments, lower utility service disconnections, and lower
decrease costs associated with collection activities on their accounts. For low-income customers who are 62 years of
age or older or disabled, the program must, in addition to any other program
benefits, include a 50 percent electric rate discount on the first 400
kilowatt-hours consumed in a $15 discount in each billing period. For the purposes of this subdivision,
"public utility" includes only those public utilities with more than
200,000 residential electric service customers.
The commission may issue orders necessary to implement, administer, and recover
the costs of the program on a timely basis.
EFFECTIVE
DATE. This section is
effective October 1, 2014.
Sec. 9. Minnesota Statutes 2012, section 216B.1611, is amended by adding a subdivision to read:
Subd. 3a. Project
information. (a) Beginning
July 1, 2014, each electric utility shall request an applicant for
interconnection of distributed renewable energy generation to provide the
following information, in a format prescribed by the commissioner:
(1) the nameplate capacity of the
facility in the application;
(2) the preincentive installed cost and
cost components of the generation system at the facility;
(3) the energy source of the facility;
and
(4) the zip code in which the facility
is to be located.
(b) The commissioner shall develop or
identify a system to collect and process the information under this subdivision
for each utility, and make non-project-specific data available to the public on
a periodic basis as determined by the commissioner, and in a format determined
by the commissioner. The commissioner
may solicit proposals from outside parties to develop the system. The commissioner may only collect data
authorized in paragraph (a), and may not require submission of any additional
data that could be used to personally identify any individual applicant or
utility customer.
(c) Electric utilities collecting and
transferring data under this subdivision are not responsible for the accuracy,
completeness, or quality of the information under this subdivision.
(d) Except as provided in paragraph
(b), any information provided by an applicant to the commissioner under this
subdivision is nonpublic data as defined in section 13.02, subdivision 9.
EFFECTIVE DATE. This section is effective July 1, 2014, and
applies to applications received on or after that date.
Sec. 10. [216B.1614]
ELECTRIC VEHICLE CHARGING TARIFF.
Subdivision 1. Definitions. (a) For the purposes of this section,
the terms defined in this subdivision have the meanings given them.
(b) "Electric vehicle" has
the meaning given in section 169.011, subdivision 26a.
(c) "Public utility" has the
meaning given in section 216B.02, subdivision 4.
(d) "Renewable energy" has
the meaning given in section 216B.169, subdivision 2, paragraph (d).
Subd. 2. Required
tariff. (a) By February 1,
2015, each public utility selling electricity at retail must file with the
commission a tariff that allows a customer to purchase electricity solely for
the purpose of recharging an electric vehicle.
The tariff must:
(1) contain either a time-of-day or
off-peak rate, as elected by the public utility;
(2) offer a customer the option to
purchase electricity:
(i) from the utility's current mix of
energy supply sources; or
(ii) entirely from renewable energy
sources, subject to the conditions established under section 216B.169,
subdivision 2, paragraph (b), and subdivision 3, paragraph (a); and
(3) be made available to the
residential customer class.
(b) The public utility may, at its
discretion, offer the tariff to other customer classes.
(c) The commission shall, after notice
and opportunity for public comment, approve, modify, or reject the tariff. The commission may approve the tariff if the
public utility has demonstrated that the tariff:
(1) appropriately reflects off-peak
versus peak cost differences in the rate charged;
(2) includes a mechanism to allow the recovery of costs reasonably necessary to comply with this section, including costs to inform and educate customers about the financial, energy conservation, and environmental benefits of electric vehicles and to publicly advertise and promote participation in the customer-optional tariff;
(3) provides for clear and transparent
customer billing statements including, but not limited to, the amount of energy
consumed under the tariff; and
(4) incorporates the cost of metering
or submetering within the rate charged to the customer.
(d) Within 60 days of commission
approval of a public utility's tariff filed under this section, the public
utility shall make the tariff available to customers.
(e) The utility may at any time propose
revisions to a tariff filed under this subdivision based on changing costs or
conditions.
Subd. 3. Data
reporting. Each public
utility providing a tariff under this section shall periodically report to the
commission, as established by the commission and on a form prescribed by the
commission, the following information, organized on a per-quarter basis:
(1)
the number of customers who have arranged to purchase electricity under the
tariff;
(2) the total amount of electricity sold
under the tariff; and
(3) other data required by the
commission.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 11. Minnesota Statutes 2012, section 216B.241, is amended by adding a subdivision to read:
Subd. 5d. On-bill
repayment programs. (a) For
the purposes of this subdivision:
(1) "utility" means a public
utility, municipal utility, or cooperative electric association that provides
electric or natural gas service to retail customers; and
(2) "on-bill repayment
program" means a program in which a utility collects on a customer's bill
repayment of a loan to the customer by an eligible lender to finance the
customer's investment in eligible energy conservation or renewable energy projects,
and remits loan repayments to the lender.
(b) A utility may include as part of its
conservation improvement plan an on-bill repayment program to enable a customer
to finance eligible projects with installment loans originated by an eligible lender. An eligible project is one that is either an
energy conservation improvement, or a project installed on the customer's site
that uses an eligible renewable energy source as that term is defined in
section 216B.2411, subdivision 2, paragraph (b), but does not include mixed
municipal solid waste or refuse-derived fuel from mixed municipal solid waste. An eligible renewable energy source also
includes solar thermal technology that collects the sun's radiant energy and
uses that energy to heat or cool air or water, and meets the requirements of
section 216C.25. To be an eligible
lender, a lender must:
(1) have a federal or state charter and be eligible for federal deposit insurance;
(2) be a government entity, including an
entity established under chapter 469, that has authority to provide financial
assistance for energy efficiency and renewable energy projects;
(3) be a joint venture by utilities
established under section 452.25; or
(4) be licensed, certified, or otherwise
have its lending activities overseen by a state or federal government agency.
The commissioner must allow a utility broad discretion in
designing and implementing an on-bill repayment program, provided that the
program complies with this subdivision.
(c) A utility may establish an on-bill
repayment program for all customer classes or for a specific customer class.
(d) A public utility that implements an
on-bill repayment program under this subdivision must enter into a contract
with one or more eligible lenders that complies with the requirements of this
subdivision and contains provisions addressing capital commitments, loan
origination, transfer of loans to the public utility for on-bill repayment, and
acceptance of loans returned due to delinquency or default.
(e) A public utility's contract with a
lender must require the lender to comply with all applicable federal and state
laws, rules, and regulations related to lending practices and consumer
protection; to conform to reasonable and prudent lending standards; and to provide
businesses that sell, maintain, and install eligible projects the ability to
participate in an on-bill repayment program under this subdivision on a
nondiscriminatory basis.
(f)
A public utility's contract with a lender may provide:
(1) for the public utility to purchase
loans from the lender with a condition that the lender must purchase back loans
in delinquency or default; or
(2) for the lender to retain ownership of loans with the public utility servicing the loans through on-bill repayment as long as payments are current.
The risk of default must remain with the lender. The lender shall not have recourse against
the public utility except in the event of negligence or breach of contract by
the utility.
(g) If a public utility customer makes a
partial payment on a utility bill that includes a loan installment, the partial
payment must be credited first to the amount owed for utility service,
including taxes and fees. A public
utility may not suspend or terminate a customer's utility service for delinquency
or default on a loan that is being serviced through the public utility's
on-bill repayment program.
(h) An outstanding balance on a loan
being repaid under this subdivision is a financial obligation only of the
customer who is signatory to the loan, and not to any subsequent customer
occupying the property associated with the loan. If the public utility purchases loans from
the lender as authorized under paragraph (f), clause (1), the public utility
must return to the lender a loan not repaid when a customer borrower no longer
occupies the property.
(i) Costs incurred by a public utility
under this subdivision are recoverable as provided in section 216B.16,
subdivision 6b, paragraph (c), including reasonable incremental costs for
billing system modifications necessary to implement and operate an on-bill
repayment program and for ongoing costs to operate the program. Costs in a plan approved by the commissioner
may be counted toward a utility's conservation spending requirements under
subdivisions 1a and 1b. Energy savings
from energy conservation improvements resulting from this section may be
counted toward satisfying a utility's energy-savings goals under subdivision
1c.
(j) This subdivision does not require a
utility to terminate or modify an existing financing program and does not
prohibit a utility from establishing an on-bill financing program in which the
utility provides the financing capital.
(k) A municipal utility or cooperative
electric association that implements an on-bill repayment program shall design
the program to address the issues identified in paragraphs (d) through (h) as
determined by the governing board of the utility or association.
Sec. 12. Minnesota Statutes 2012, section 216B.2422, is amended by adding a subdivision to read:
Subd. 2c. Long-range
emission reduction planning. Each
utility required to file a resource plan under subdivision 2 shall include in
the filing a narrative identifying and describing the costs, opportunities, and
technical barriers to the utility continuing to make progress on its system
toward achieving the state greenhouse gas emission reduction goals established
in section 216H.02, subdivision 1, and the technologies, alternatives, and
steps the utility is considering to address those opportunities and barriers.
Sec. 13. Minnesota Statutes 2012, section 216B.243, subdivision 8, is amended to read:
Subd. 8. Exemptions. This section does not apply to:
(1) cogeneration or small power production facilities as defined in the Federal Power Act, United States Code, title 16, section 796, paragraph (17), subparagraph (A), and paragraph (18), subparagraph (A), and having a combined capacity at a single site of less than 80,000 kilowatts; plants or facilities for the production of ethanol or fuel alcohol; or any case where the commission has determined after being advised by the attorney general that its application has been preempted by federal law;
(2) a high-voltage transmission line proposed primarily to distribute electricity to serve the demand of a single customer at a single location, unless the applicant opts to request that the commission determine need under this section or section 216B.2425;
(3) the upgrade to a higher voltage of an existing transmission line that serves the demand of a single customer that primarily uses existing rights-of-way, unless the applicant opts to request that the commission determine need under this section or section 216B.2425;
(4) a high-voltage transmission line of one mile or less required to connect a new or upgraded substation to an existing, new, or upgraded high-voltage transmission line;
(5) conversion of the fuel source of an
existing electric generating plant to using natural gas; or
(6) the modification of an existing
electric generating plant to increase efficiency, as long as the capacity of
the plant is not increased more than ten percent or more than 100 megawatts,
whichever is greater.; or
(7) a wind energy conversion system or
solar electric generation facility if the system or facility is owned and
operated by an independent power producer and the electric output of the system
or facility is not sold to an entity that provides retail service in Minnesota
or wholesale electric service to another entity in Minnesota other than an
entity that is a federally recognized regional transmission organization or
independent system operator.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 14. Minnesota Statutes 2012, section 216C.41, subdivision 4, is amended to read:
Subd. 4. Payment period. (a) A facility may receive payments under this section for a ten-year period. No payment under this section may be made for electricity generated:
(1) by a qualified hydroelectric facility after December 31, 2021;
(2) by a qualified wind energy conversion facility after December 31, 2018; or
(3) by a qualified on-farm biogas recovery
facility after December 31, 2015 2017.
(b) The payment period begins and runs consecutively from the date the facility begins generating electricity or, in the case of refurbishment of a hydropower facility, after substantial repairs to the hydropower facility dam funded by the incentive payments are initiated.
Sec. 15. Minnesota Statutes 2012, section 216C.436, subdivision 4, is amended to read:
Subd. 4. Financing terms. Financing provided under this section must have:
(1) a weighted cost-weighted
average maturity not exceeding the useful life of the energy improvements
installed, as determined by the implementing entity, but in no event may a term
exceed 20 years;
(2) a principal amount not to exceed the
lesser of ten 20 percent of the assessed value of the real
property on which the improvements are to be installed or the actual cost of
installing the energy improvements, including the costs of necessary equipment,
materials, and labor, the costs of each related energy audit or renewable
energy system feasibility study, and the cost of verification of installation;
and
(3) an interest rate sufficient to pay the financing costs of the program, including the issuance of bonds and any financing delinquencies.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 16. Minnesota Statutes 2012, section 216C.436, is amended by adding a subdivision to read:
Subd. 9. Supplemental
funding sources. (a) An
implementing entity is authorized to establish, acquire, and use additional or
alternative funding sources for the purposes of this section.
(b) For the purposes of this
subdivision, additional or alternative funding sources do not include issuance
of general obligation bonds.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 17. Minnesota Statutes 2012, section 216E.01, is amended by adding a subdivision to read:
Subd. 8a. Solar
energy generating system. "Solar
energy generating system" means a set of devices whose primary purpose is
to produce electricity by means of any combination of collecting, transferring,
or converting solar-generated energy.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 18. [216E.021]
SOLAR ENERGY SYSTEM SIZE DETERMINATION.
(a) This section must be used to
determine whether a combination of solar energy generating systems meets the
definition of large electric power generating plant and is subject to the
commission's siting authority jurisdiction under this chapter. The alternating current nameplate capacity of
one solar energy generating system must be combined with the alternating
current nameplate capacity of any other solar energy generating system that:
(1) is constructed within the same 12-month
period as the solar energy generating system; and
(2) exhibits characteristics of being a
single development, including but not limited to ownership structure, an
umbrella sales arrangement, shared interconnection, revenue sharing
arrangements, and common debt or equity financing.
(b) The commissioner of commerce shall
provide forms and assistance for applicants to make a request for a size
determination. Upon written request of
an applicant, the commissioner shall provide a written size determination
within 30 days of receipt of the request and of any information requested by
the commissioner. In the case of a
dispute, the chair of the Public Utilities Commission shall make the final size
determination.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 19. Minnesota Statutes 2012, section 216E.04, subdivision 2, is amended to read:
Subd. 2. Applicable projects. The requirements and procedures in this section apply to the following projects:
(1) large electric power generating plants with a capacity of less than 80 megawatts;
(2) large electric power generating plants that are fueled by natural gas;
(3) high-voltage transmission lines of between 100 and 200 kilovolts;
(4) high-voltage transmission lines in excess of 200 kilovolts and less than five miles in length in Minnesota;
(5) high-voltage transmission lines in excess of 200 kilovolts if at least 80 percent of the distance of the line in Minnesota will be located along existing high-voltage transmission line right-of-way;
(6) a high-voltage transmission line
service extension to a single customer between 200 and 300 kilovolts and less
than ten miles in length; and
(7) a high-voltage transmission line
rerouting to serve the demand of a single customer when the rerouted line will
be located at least 80 percent on property owned or controlled by the customer
or the owner of the transmission line; and
(8) large electric power generating plants that are powered by solar energy.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 20. Minnesota Statutes 2012, section 239.051, subdivision 29, is amended to read:
Subd. 29. Refinery, terminal. "Refinery" or "terminal" means a petroleum refinery, pipeline terminal, river terminal, storage facility, or other point of origin where liquefied petroleum gas or petroleum products are manufactured, or imported by rail, truck, barge, or pipe; and held, stored, transferred, offered for distribution, distributed, offered for sale, or sold. For the purpose of restricting petroleum product blending, this definition includes all refineries and terminals within and outside of Minnesota, but does not include a licensed distributor's bulk storage facility that is used to store petroleum products for which the petroleum inspection fee charged under this chapter is either not due or has been paid.
Sec. 21. Minnesota Statutes 2012, section 239.785, is amended by adding a subdivision to read:
Subd. 7. Notification
of product unavailability; terminal operators. A person who operates a terminal where
liquefied petroleum gas is loaded into transport trucks for subsequent
distribution shall notify the commissioner within 24 hours when liquefied
petroleum gas is physically not available for sale to licensed distributors.
Sec. 22. Minnesota Statutes 2012, section 325E.027, is amended to read:
325E.027
DISCRIMINATION PROHIBITION.
(a) No dealer or distributor of liquid propane gas or number 1 or number 2 fuel oil who has signed a low-income home energy assistance program vendor agreement with the Department of Commerce may refuse to deliver liquid propane gas or number 1 or number 2 fuel oil to any person located within the dealer's or distributor's normal delivery area who receives direct grants under the low-income home energy assistance program if:
(1) the person has requested delivery;
(2) the dealer or distributor has product available;
(3) the person requesting delivery is capable of making full payment at the time of delivery; and
(4) the person is not in arrears regarding any previous fuel purchase from that dealer or distributor.
(b) A dealer or distributor making delivery to a person receiving direct grants under the low-income home energy assistance program may not charge that person any additional costs or fees that would not be charged to any other customer and must make available to that person any discount program on the same basis as the dealer or distributor makes available to any other customer.
(c) The commissioner of commerce may
enforce this section using any of the authority granted to the commissioner
under section 45.027.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 23. Laws 2013, chapter 57, section 2, is amended to read:
Sec. 2. TRANSMISSION
LINE; CERTIFICATE OF NEED REQUIRED AND EVIDENCE REQUIRED.
(a) A high-voltage transmission line with a capacity of 100 kilovolts or more proposed to be located within a city in the metropolitan area as defined in Minnesota Statutes, section 473.121, subdivision 2, for which a route permit application was filed between June 2011 and August 2011, and a certificate of need application was filed between June 2012 and August 2012, to rebuild approximately eight miles of 69 kilovolt transmission with a high-voltage transmission line to meet local area distribution needs, must be approved in a certificate of need proceeding conducted under Minnesota Statutes, section 216B.243. The certificate of need may be approved only if the commission finds by clear and convincing evidence that there is no feasible and available distribution level alternative to the transmission line. In making its findings the commission shall consider the factors provided in applicable law and rules including, without limitation, cost-effectiveness, energy conservation, and the protection or enhancement of environmental quality.
(b) Further proceedings regarding the routing of a high-voltage transmission line described in this section shall be suspended until the Public Utilities Commission has made a determination that the transmission line is needed.
(c) If an application for a certificate
of need described in paragraph (a) is withdrawn or otherwise abandoned, this
section shall apply to any high-voltage transmission line of 100 kilovolts or
more proposed to meet the same needs as the line described in paragraph (a) and
that follows a route that is similar to that of the line subject to paragraph
(a). In addition, a certificate of need
for a line subject to this paragraph is not effective until 30 days following the adjournment of the regular
legislative session next following commission approval of the certificate of
need.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 24. Laws 2014, chapter 145, section 1, is amended to read:
Section 1.
LOW-INCOME HOME ENERGY ASSISTANCE
PROGRAM; SUPPLEMENTAL APPROPRIATION.
(a) $20,000,000 is appropriated in fiscal
year 2014 from the general fund to the commissioner of commerce for the purpose
of providing additional heating assistance through the low-income home energy
assistance program under United States Code, title 42, sections 8621 to 8630,
and Minnesota Statutes, section 216C.02, subdivision 1. No more than five eight percent
of this appropriation may be used for expenses to administer the program. Any unspent balance available on June 30,
2014, cancels to the general fund.
(b) The funding provided in this section shall supplement, and not replace, any federal or other funding existing or otherwise available for heating assistance in Minnesota.
(c) The commissioner shall disburse the funds provided in this section in a manner consistent with the requirements of the federal low-income home energy assistance program under United States Code, title 42, sections 8621 to 8630.
EFFECTIVE
DATE. This section is
effective retroactively from March 1, 2014.
Sec. 25. LEGISLATIVE
ENERGY COMMISSION; PROPANE CONVERSION STRATEGIES.
(a) The Legislative Energy Commission is
requested to investigate the feasibility of converting propane gas users to
natural gas or other alternative sources of energy. The investigation, among other things, should
assess the technical and economic issues
for converting nonmetropolitan users of propane gas to pipeline service of
natural gas.
(b) The commission is requested to
complete its investigations so that any recommendations for legislation are
completed by January 15, 2015.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 26. REPEALER.
Subdivision 1. Weatherization
assistance. Minnesota Rules,
parts 3300.0800; 3300.0900; 3300.1000, subparts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,
11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 22, 23, 24, 25, 25a, 26, 27, 28, 29,
30, 31, 32, 33, 34, 35, and 36; 3300.1100; 3300.1200; 3300.1300; 3300.1400;
3300.1500; 3300.1600; 3300.1700; 3300.1800; and 3300.1900, are repealed.
Subd. 2. Energy
conservation loan program. Minnesota
Rules, parts 7607.0100; 7607.0110; 7607.0120; 7607.0130; 7607.0140; 7607.0150;
7607.0160; 7607.0170; and 7607.0180, are repealed.
Subd. 3. Cooling
systems replacement; energy efficiency criteria. Minnesota Rules, parts 7685.0100;
7685.0120; 7685.0130; and 7685.0140, are repealed."
Delete the title and insert:
"A bill for an act relating to energy; modifying, adding, or authorizing provisions governing medically necessary equipment, propane sales, low-income rate discounts, interconnection of distributed generation, electric vehicle charging tariffs, on-bill repayment programs, energy efficiency programs, emissions reduction planning, certificates of need, solar energy systems, transmission lines, and low-income home energy assistance; repealing certain obsolete administrative rules; requiring a report; amending Minnesota Statutes 2012, sections 16C.144, subdivision 3; 216B.098, subdivision 5; 216B.16, subdivision 14; 216B.1611, by adding a subdivision; 216B.241, by adding a subdivision; 216B.2422, by adding a subdivision; 216B.243, subdivision 8; 216C.41, subdivision 4; 216C.436, subdivision 4, by adding a subdivision; 216E.01, by adding a subdivision; 216E.04, subdivision 2; 239.051, subdivision 29; 239.785, by adding a subdivision; 325E.027; Laws 2013, chapter 57, section 2; Laws 2014, chapter 145, section 1; proposing coding for new law in Minnesota Statutes, chapters 216B; 216E; repealing Minnesota Rules, parts 3300.0800; 3300.0900; 3300.1000, subparts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 22, 23, 24, 25, 25a, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36; 3300.1100; 3300.1200; 3300.1300; 3300.1400; 3300.1500; 3300.1600; 3300.1700; 3300.1800; 3300.1900; 7607.0100; 7607.0110; 7607.0120; 7607.0130; 7607.0140; 7607.0150; 7607.0160; 7607.0170; 7607.0180; 7685.0100; 7685.0120; 7685.0130; 7685.0140."
We request the adoption of this report and repassage of the bill.
House Conferees: Melissa Hortman, Will Morgan, Pat Garofalo, Yvonne Selcer and Erik Simonson.
Senate Conferees: John Marty, Julie A. Rosen, John A. Hoffman, Jim Carlson and D. Scott Dibble.
Hortman moved that the report of the
Conference Committee on H. F. No. 2834 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
H. F. No. 2834, A bill for an act relating to energy; modifying, adding, or authorizing provisions governing medically necessary equipment, propane sales, low-income rate discounts, interconnection of distributed renewable generation, electric vehicle charging tariffs, on-bill payment programs, energy efficiency programs, emissions reduction planning, certificates of need, solar energy systems, and transmission lines; requiring a report; amending Minnesota Statutes 2012, sections 216B.098, subdivision 5; 216B.16, subdivision 14; 216B.1611, by adding a subdivision; 216B.241, by adding a subdivision; 216B.2422, by adding a subdivision; 216B.243, subdivision 8; 216C.41, subdivision 4; 216C.436, subdivision 4, by adding a subdivision; 216E.01, by adding a subdivision; 216E.04, subdivision 2; 239.051, subdivision 29; 239.785, by adding a subdivision; 325E.027; 515.07; 515B.2-103; 515B.3-102; Laws 2013, chapter 57, section 2; Laws 2014, chapter 145, section 1; proposing coding for new law in Minnesota Statutes, chapters 216B; 216E; 500; repealing Minnesota Rules, parts 3300.0800; 3300.0900; 3300.1000, subparts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 22, 23, 24, 25, 25a, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36; 3300.1100; 3300.1200; 3300.1300; 3300.1400; 3300.1500; 3300.1600; 3300.1700; 3300.1800; 3300.1900; 7607.0100; 7607.0110; 7607.0120; 7607.0130; 7607.0140; 7607.0150; 7607.0160; 7607.0170; 7607.0180; 7610.0300; 7685.0100; 7685.0120; 7685.0130; 7685.0140.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 82 yeas and 40 nays as follows:
Those who voted in the affirmative were:
Allen
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Cornish
Davids
Davnie
Dill
Dorholt
Erhardt
Erickson, R.
Faust
Fischer
Freiberg
Garofalo
Halverson
Hamilton
Hansen
Hausman
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Kieffer
Kresha
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Loon
Mahoney
Mariani
Marquart
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Theis
Uglem
Urdahl
Wagenius
Ward, J.A.
Winkler
Yarusso
Spk. Thissen
Those who voted in the negative were:
Albright
Benson, M.
Daudt
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
Falk
Franson
Green
Gruenhagen
Gunther
Hackbarth
Hertaus
Howe
Johnson, B.
Kelly
Kiel
Leidiger
Lohmer
Mack
McDonald
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Swedzinski
Torkelson
Wills
Woodard
Zellers
The bill was repassed, as amended by
Conference, and its title agreed to.
CONFERENCE COMMITTEE REPORT ON H. F. No. 3072
A bill for an act relating to transportation; modernizing provisions relating to traffic regulations; eliminating certain reporting requirements; distribution of motor vehicle sales tax revenues; eliminating antiquated, unnecessary, and obsolete provisions; making conforming changes; eliminating and extending sunsets; amending Minnesota Statutes 2012, sections 168.021, subdivision 1; 168.056; 168.10, subdivision 1b; 168.12, subdivisions 1, 2, 2b, 2c, 2d, 2e; 168.123, subdivision 1; 168.1235, subdivision 1; 168.124, subdivision 1; 168.125, subdivision 1; 168.1253, subdivision 1; 168.129, subdivision 1; 168.1296, subdivision 1; 168.1298, subdivision 1; 169.685, subdivision 7; 169.751; 171.12, subdivision 6; Laws 2009, chapter 158, section 10, as amended; repealing Minnesota Statutes 2012, sections 168.0422; 168.055; 168A.20, subdivision 1a; 169.11; 169.36; 169.39; 169.725; 169.743; 169.754; 169.78; 169.7961; 169.983; 169A.60, subdivision 18; 171.28; 299D.02; 299D.04; 299D.05; 609B.202; Minnesota Rules, part 7409.4700, subpart 2.
May 8, 2014
The Honorable Paul Thissen
Speaker of the House of Representatives
The Honorable Sandra L. Pappas
President of the Senate
We, the undersigned conferees for H. F. No. 3072 report that we have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendment and that H. F. No. 3072, the first engrossment, be further amended as follows:
Page 16, delete section 20
Page 17, line 13, reinstate the stricken language
Page 17, line 14, reinstate everything
before "2014" and after "2014" insert "2015"
Renumber the sections in sequence
Amend the title as follows:
Page 1, delete lines 2 to 4
Page 1, line 5, delete everything before "amending" and insert "relating to transportation; modernizing provisions governing motor vehicles; eliminating certain antiquated, unnecessary, and obsolete provisions; making technical and conforming changes;"
Correct the title numbers accordingly
We request the adoption of this report and repassage of the bill.
House Conferees: Erik Simonson, Ron Erhardt and Debra Kiel.
Senate Conferees: D. Scott Dibble, Ann H. Rest and John C. Pederson.
Simonson moved that the report of the
Conference Committee on H. F. No. 3072 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
H. F. No. 3072, A bill for an act relating to transportation; modernizing provisions relating to traffic regulations; eliminating certain reporting requirements; distribution of motor vehicle sales tax revenues; eliminating antiquated, unnecessary, and obsolete provisions; making conforming changes; eliminating and extending sunsets; amending Minnesota Statutes 2012, sections 168.021, subdivision 1; 168.056; 168.10, subdivision 1b; 168.12, subdivisions 1, 2, 2b, 2c, 2d, 2e; 168.123, subdivision 1; 168.1235, subdivision 1; 168.124, subdivision 1; 168.125, subdivision 1; 168.1253, subdivision 1; 168.129, subdivision 1; 168.1296, subdivision 1; 168.1298, subdivision 1; 169.685, subdivision 7; 169.751; 171.12, subdivision 6; Laws 2009, chapter 158, section 10, as amended; repealing Minnesota Statutes 2012, sections 168.0422; 168.055; 168A.20, subdivision 1a; 169.11; 169.36; 169.39; 169.725; 169.743; 169.754; 169.78; 169.7961; 169.983; 169A.60, subdivision 18; 171.28; 299D.02; 299D.04; 299D.05; 609B.202; Minnesota Rules, part 7409.4700, subpart 2.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 123 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Wills
Winkler
Woodard
Yarusso
Zellers
Spk. Thissen
The bill was repassed, as amended by
Conference, and its title agreed to.
CALENDAR FOR THE DAY
S. F. No. 2712, A bill for
an act relating to crime; clarifying the crime of failure to pay court-ordered
support; amending Minnesota Statutes 2012, section 609.375, subdivisions 1, 7,
8.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage
of the bill and the roll was called. There
were 123 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Wills
Winkler
Woodard
Yarusso
Zellers
Spk. Thissen
The
bill was passed and its title agreed to.
S. F. No. 2614, A bill for
an act relating to transportation; removing length limit of certain connector
highways; allowing one-week bid advertisement period for certain trunk highway
contracts; amending Minnesota Statutes 2012, sections 161.261, subdivisions 1,
2; 161.32, subdivision 4.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 122 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy,
M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Wills
Winkler
Woodard
Yarusso
Zellers
Spk. Thissen
The
bill was passed and its title agreed to.
S. F. No. 2454 was reported
to the House.
Dill moved to amend S. F. No. 2454, the third engrossment, as follows:
Page 7, delete section 13
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
S. F. No. 2454, A bill for
an act relating to natural resources; modifying and repealing certain obsolete
laws; providing for certain regulatory efficiencies; amending Minnesota
Statutes 2012, sections 13.7411, subdivision 8; 84.025, subdivision 10; 84.028,
subdivision 3; 84.081, subdivision 1; 84.781; 88.6435, subdivision 1; 103C.211;
103C.311, subdivision 1; 103C.401, subdivision 1; 103F.135, subdivision 1;
103G.005, subdivisions 9, 9a; 103G.315, subdivision 12; 115.06, subdivision 4;
115A.03, by adding a subdivision; 115A.54, subdivision 4; 116.03, subdivision
2b; 116.07, subdivision 4j; repealing Minnesota Statutes 2012, sections 14.04;
84.083, subdivisions 3, 4; 84.163; 84.361; 84.43; 84.44; 84.45; 84.46; 84.47;
84.48; 84.49; 84.50; 84.51; 84.52; 84.521; 84.53; 84.55; 84.965; 85.015,
subdivision 3; 103B.701; 103B.702; 103F.131; 103F.155; 103F.378; 103F.381;
103F.383, subdivision 3; 103F.387; 103F.389, subdivisions 1, 2; 103F.391; 115.445;
115B.412, subdivision 10; 116.181; 116.182, subdivision 3a; 116.195,
subdivision 5; 116.54; 116.90; 116C.712; 116C.833, subdivision 2; 173.0845;
Laws 2013, chapter 114, article 4, section 100.
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 123 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Wills
Winkler
Woodard
Yarusso
Zellers
Spk. Thissen
The
bill was passed, as amended, and its title agreed to.
S. F. No. 2470 was reported
to the House.
Melin moved to amend S. F. No. 2470, the second unofficial engrossment, as follows:
Page 1, line 16, after "of" insert "the qualifying medical condition of"
Page 3, line 15, after "a" insert "nonpatient"
Page 3, line 30, after the period, insert "The commissioner shall register a new manufacturer or reregister the existing manufacturer by December 1 of each year, thereafter using the factors described in paragraph (b)." and delete "The commissioner shall require"
Page 3, delete lines 31 to 32
Page 4, line 1, after "review" insert "in Ramsey County District Court" and after the period, insert "Data obtained during the application process is governed by section 13.591."
Page 4, delete lines 23 to 29 and insert:
"(d) The commissioner shall review and publicly report the existing medical and scientific literature regarding the range of recommended dosages for each qualifying condition and the range of chemical compositions of any plant of the genus cannabis that will likely be medically beneficial for each of the qualifying medical conditions. The commissioner shall make this information available to patients with qualifying conditions beginning December 1, 2014. The commissioner may consult with the independent laboratory under contract with the manufacturer or other experts in reporting the range of recommended dosage for each qualifying condition, the range of chemical compositions that will likely be medically beneficial, and any risks of noncannabis drug interactions. The commissioner shall consult with the manufacturer on an annual basis on medical cannabis products offered by the manufacturer. The list of medical cannabis products shall be published on the health department Web site."
Page 5, line 10, delete "making clinically significant findings" and insert "reporting on the benefits, risks, and outcomes"
Page 7, line 19, after "review" insert "under the Administrative Procedure Act pursuant to chapter 14"
Page 9, after line 4, insert:
"(d) Nothing in this section requires a health care practitioner to enroll patients in the registry created by this section."
Page 9, line 15, delete "all"
Page 9, line 34, delete "by" and insert "as"
Page 10, line 1, delete "recommendations of the range" and insert "ranges"
Page 10, line 2, delete "range" and insert "ranges" and delete "provided" and insert "reported"
Page 11, after line 2, insert:
"(p) A medical cannabis manufacturer may not employ or otherwise allow any person who is under 21 years of age or who has been convicted of a disqualifying felony offense to be an employee of the medical cannabis organization. For purposes of this paragraph, a disqualifying felony offense means a violation of a state or federal controlled substance law that is classified as a felony under Minnesota law, or would be classified as a felony under Minnesota law if committed in Minnesota, regardless of the sentence imposed, unless the person's conviction was for the medical use of cannabis or assisting with the medical use of cannabis in accordance with any other state's law. A medical cannabis organization shall request a criminal history background check on each employee before the employee may begin working with the medical cannabis manufacturer."
Page 11, line 24, after the comma, insert "subject to subdivision 2,"
Page 11, line 32, after "cannabis" insert "products"
Page 12, line 8, after the second comma, insert "the governor of Minnesota,"
Page 12, after line 11, insert:
"(g) Federal, state, and local law enforcement authorities are prohibited from accessing the patient registry under this section except when acting pursuant to a valid search warrant.
(h) Notwithstanding any law to the
contrary, neither the commissioner nor a public employee may release data or
information about an individual contained in any report, document, or registry
created under this section or any information obtained about a patient
participating in the program, except as provided in this section. No information contained in a report,
document, registry, or obtained from a patient under this section may be used
against a patient in a criminal proceeding unless independently obtained or in
connection with a proceeding involving a violation of this section.
(i) Any person who violates paragraph (g) or (h) is guilty of a gross misdemeanor."
Page 13, line 3, delete "medical cannabis registry account" and insert "deposit of revenue"
Page 13, line 8, delete "medical cannabis registry account in the"
Page 13, after line 9, insert:
"(b) The commissioner shall collect
an application fee of $20,000 from each entity submitting an application for
registration as a medical cannabis manufacturer. Revenue from the fee shall be deposited in
the state treasury and credited to the state government special revenue fund. If an entity is not selected to be registered
as a medical cannabis manufacturer, the commissioner shall refund $19,000 to
the entity.
(c) The commissioner shall collect an annual fee from a medical cannabis manufacturer equal to the cost of regulating and inspecting the manufacturer in that year. Revenue from the fee amount shall be deposited in the state treasury and credited to the state government special revenue fund."
Page 13, line 10, delete "(b)" and insert "(d)"
Page 14, delete section 3
Page 16, line 24, delete "implementing the medical"
Page 16, line 25, delete "cannabis therapeutic research study in this act" and insert "the costs of administering Minnesota Statutes, section 152.22"
Page 16, delete subdivision 3 and insert:
"Subd. 3. Health Department. $24,000 in fiscal year 2015 is appropriated from the state government special revenue fund to the commissioner of health for the costs of implementing Minnesota Statutes, section 152.22. The base for this appropriation is $734,000 in fiscal year 2016 and $722,000 in fiscal year 2017."
Page 17, line 2, delete "July 1, 2014" and insert "the day following final enactment"
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
Melin moved to amend her amendment to S. F. No. 2470, the second unofficial engrossment, as follows:
Page 1, after line 10, insert:
"Page 4, line 19, delete "all""
Page 1, after line 23, insert:
"Page 5, line 4, delete "shall" and insert "may""
Page 1, after line 25, insert:
"Page 5, line 22, delete "written"
Page 5, line 25, delete "mentally" and insert "developmentally"
Page 6, line 12, delete "written"
Page 6, line 15, delete "mentally" and insert "developmentally"
Page 6, line 31, delete "the section" and insert "the patient's designated caregiver"
Page 7, lines 8 and 28, delete "written""
Page 1, after line 27, insert:
"Page 8, lines 14 and 17, delete "written""
Page 2, after line 4, insert:
"Page 9, line 17, after the period, insert "The cost of lab testing shall be paid by the manufacturer.""
Page 2, line 17, delete "A medical"
Page 2, delete lines 18 and 19 and insert "An employee of a medical cannabis manufacturer must submit a completed criminal history records check consent form, a full set of fingerprints and the required fees for submission to the Bureau of Criminal Apprehension before an employee may begin working with the manufacturer. The bureau must conduct a Minnesota criminal history records check and the superintendent is authorized to exchange the fingerprints with the Federal Bureau of Investigation to obtain the applicant's national criminal history record information. The bureau will return the results of the Minnesota and federal criminal history records checks to the commissioner."
Page 2, before line 20, insert:
"Page 11, line 14, before "Data" insert "Not public"
Page 12, line 3, before "and" insert "the commissioner's agents or contractors""
Page 2, after line 21, insert:
"Page 11, line 33, delete "or" and insert a comma and after the second "manufacturer" insert ", the laboratory conducting testing on medical marijuana products, or employees of the laboratory""
Page 2, after line 36, insert:
"Page 13, line 5, delete "receives" and insert "attests to receiving"
Page 13, line 6, delete "is" and insert "being""
The
motion prevailed and the amendment to the amendment was adopted.
Murphy, E., moved to amend the Melin amendment, as amended, to S. F. No. 2470, the second unofficial engrossment, as follows:
Page 3, after line 13, insert:
"Page 16, after line 21, insert:
"Sec. 5. [152.25]
FINANCIAL EXAMINATIONS; PRICING REVIEWS.
Subdivision 1. Financial
records. A medical cannabis
manufacturer shall maintain detailed financial records in a manner and format
approved by the commissioner of health, and shall keep all records updated and
accessible to the commissioner when requested.
Subd. 2. Certified
annual audit. A medical
cannabis manufacturer shall submit the results of an annual certified financial
audit to the commissioner no later than May 1 of each year. The annual audit shall be conducted by an
independent certified public accountant; the costs of such audit are the
responsibility of the medical cannabis manufacturer. Results of the audit shall be provided to the
medical cannabis manufacturer and the commissioner. The commissioner may also require another
audit of the medical cannabis manufacturer by a certified public accountant
chosen by the commissioner with the costs of the audit paid by the medical
cannabis manufacturer.
Subd. 3. Power to examine. (a) The commissioner or designee may examine the business affairs and conditions of any medical cannabis manufacturer, including but not limited to a review of the financing, budgets, revenues, sales, and pricing.
(b) An examination may cover the medical
cannabis manufacturer's business affairs, practices, and conditions including
but not limited to a review of the financing, budgets, revenues, sales, and
pricing. The commissioner shall
determine the nature and scope of each examination and in doing so shall take
into account all available relevant factors concerning the financial and
business affairs, practices, and conditions of the examinee. The costs incurred by the department in
conducting such examination shall be paid for by the medical cannabis manufacturer.
(c) When making an examination under
this section, the commissioner may retain attorneys, appraisers, independent
economists, independent certified public accountants, or other professionals
and specialists as designees. A
certified public accountant retained by the commissioner may not be the same
certified public accountant providing the certified annual audit in subdivision
2.
(d) The commissioner shall make a report of an examination conducted pursuant to this chapter and shall provide a copy of the report to the medical cannabis manufacturer. The commissioner shall then post a copy of the report on the department's Website. All working papers, recorded information, documents, and copies thereof produced by, obtained by, or disclosed to the commissioner or any other person in the course of an examination, other than the information contained in any commissioner official report, made under this subdivision is not public data.""
The
motion prevailed and the amendment to the amendment was adopted.
Lesch moved to amend the Melin amendment, as amended, to S. F. No. 2470, the second unofficial engrossment, as follows:
Page 1, after line 27, insert:
"Page 9, line 4, before the period, insert "or in the creation of summary data, as defined in section 13.02, subdivision 19""
Page 2, after line 19, insert:
"Page 11, delete subdivision 10 and insert:
"Subd. 10. Data
practices. (a) Government
data in patient files maintained by the commissioner and the health care
practitioner, and data submitted to or by the medical cannabis manufacturer,
are private data on individuals, as defined in section 13.02, subdivision 12,
or nonpublic data, as defined in section 13.02, subdivision 9, and may be used
for purposes of complying with chapter 13 and complying with a request from the
legislative auditor in the performance of official duties. The provisions of section 13.05, subdivision
11, apply to a registration agreement entered between the commissioner and a
medical cannabis manufacturer under this section.
(b) Not public data maintained by the commissioner may not be used for any purpose not provided for in this section, and may not be combined or linked in any manner with any other list, dataset, or database.""
The
motion prevailed and the amendment to the amendment was adopted.
Benson, M., moved to amend the Melin amendment, as amended, to S. F. No. 2470, the second unofficial engrossment, as follows:
Page 1, after line 3, insert:
"Page 1, line 24, after the semicolon, insert "or"
Page 2, line 2, delete "; or" and insert a period
Page 2, delete lines 3 to 4"
Page 1, after line 27, insert:
"Page 7, line 31, delete everything after the first "a""
A roll call was requested and properly
seconded.
The question
was taken on the amendment to the amendment and the roll was called. There were 54 yeas and 71 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, P.
Anderson, S.
Barrett
Benson, M.
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
Franson
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Hoppe
Howe
Johnson, B.
Kelly
Kiel
Kresha
Leidiger
Lenczewski
Lohmer
Loon
Mack
Marquart
McDonald
Murphy, M.
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Cornish
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Garofalo
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Kieffer
Laine
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Winkler
Yarusso
Spk. Thissen
The
motion did not prevail and the amendment to the amendment was not adopted.
The question recurred on the Melin
amendment, as amended, to S. F. No. 2470, the second unofficial
engrossment. The motion prevailed and
the amendment, as amended, was adopted.
Murphy, E., moved to amend S. F. No. 2470, the second unofficial engrossment, as amended, as follows:
Page 9, after line 10, insert:
"(c) The manufacturer may operate up to two satellite distribution centers, located throughout the state to improve patient access, where the manufacturer may distribute medical cannabis products in addition to the manufacturer's primary location. The manufacturer shall disclose the proposed locations for the distribution centers to the commissioner during the registration process. The distribution centers may not contain any medical cannabis products in a form other than those forms allowed under subdivision 1, paragraph (e), and the manufacturer shall not conduct any cultivation, harvesting, manufacturing, packaging, or processing at the distribution center site. Any distribution center operated by the manufacturer is subject to all of the requirements applying to the manufacturer under this subdivision, including, but not limited to, security and distribution requirements."
Reletter the paragraphs in sequence
A roll call was requested and properly
seconded.
The question was taken on the Murphy, E.,
amendment and the roll was called. There
were 76 yeas and 44 nays as follows:
Those who voted in the affirmative were:
Allen
Anzelc
Atkins
Barrett
Benson, J.
Bly
Brynaert
Carlson
Cornish
Davnie
Dehn, R.
Dorholt
Drazkowski
Erickson, R.
Faust
Fischer
Freiberg
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Huntley
Isaacson
Johnson, S.
Kahn
Kelly
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Pelowski
Persell
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Schomacker
Selcer
Simon
Simonson
Slocum
Sundin
Uglem
Wagenius
Ward, J.A.
Winkler
Yarusso
Spk. Thissen
Those who voted in the negative were:
Albright
Anderson, P.
Anderson, S.
Benson, M.
Bernardy
Daudt
Davids
Dettmer
Dill
Fabian
Falk
Franson
Garofalo
Green
Howe
Johnson, B.
Johnson, C.
Kieffer
Kiel
Kresha
Leidiger
Loon
Mack
McDonald
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Paymar
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Scott
Swedzinski
Theis
Torkelson
Urdahl
Wills
Woodard
Zellers
The
motion prevailed and the amendment was adopted.
Hansen moved to amend S. F. No. 2470, the second unofficial engrossment, as amended, as follows:
Page 3, after line 2, insert:
"(8) intractable pain, as defined in section 152.125, subdivision 1;"
Page 3, line 3, delete "(8)" and insert "(9)"
Page 3, line 4, delete "(9)" and insert "(10)"
Lien moved to amend the Hansen amendment to S. F. No. 2470, the second unofficial engrossment, as amended, as follows:
Page 1, delete lines 3 to 6 and insert:
"Page 16, after line 21, insert:
"Sec. 5. INTRACTABLE
PAIN.
The commissioner of health shall consider the addition of intractable pain, as defined in Minnesota Statutes, section 152.125, subdivision 1, to the list of qualifying medical conditions under Minnesota Statutes, section 152.22, subdivision 1, paragraph (m), prior to the consideration of any other new qualifying medical conditions. The commissioner shall report findings on the need for adding intractable pain to the list of qualifying medical conditions to the task force established under Minnesota Statutes, section 152.24, no later than July 1, 2016.""
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 amendment to the amendment and the roll was
called. There were 87 yeas and 35 nays
as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, P.
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Cornish
Davids
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Garofalo
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Kieffer
Kiel
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
O'Driscoll
Paymar
Pelowski
Peppin
Persell
Poppe
Radinovich
Rosenthal
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Slocum
Sundin
Theis
Wagenius
Ward, J.A.
Winkler
Yarusso
Spk. Thissen
Those who voted in the negative were:
Anderson, S.
Barrett
Benson, M.
Daudt
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
Franson
Green
Gruenhagen
Hoppe
Howe
Johnson, B.
Kelly
Kresha
Leidiger
Loon
Mack
McDonald
Myhra
Newberger
O'Neill
Petersburg
Pugh
Quam
Runbeck
Swedzinski
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
The
motion prevailed and the amendment to the amendment was adopted.
The question recurred on the Hansen
amendment, as amended, and the roll was called.
There were 74 yeas and 48 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, P.
Anzelc
Atkins
Benson, J.
Bly
Brynaert
Carlson
Cornish
Davids
Davnie
Dehn, R.
Dill
Dorholt
Erickson, R.
Falk
Fischer
Freiberg
Garofalo
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hornstein
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Kieffer
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Sanders
Savick
Schoen
Schomacker
Selcer
Simon
Slocum
Sundin
Theis
Wagenius
Ward, J.A.
Winkler
Yarusso
Spk. Thissen
Those who voted in the negative were:
Anderson, S.
Barrett
Benson, M.
Bernardy
Daudt
Dettmer
Drazkowski
Erhardt
Erickson, S.
Fabian
Faust
Franson
Green
Gruenhagen
Hertaus
Hoppe
Hortman
Howe
Johnson, B.
Kelly
Kiel
Kresha
Leidiger
Lohmer
Loon
Mack
Marquart
McDonald
Myhra
Newberger
Nornes
Norton
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sawatzky
Scott
Simonson
Swedzinski
Torkelson
Uglem
Urdahl
Wills
Woodard
The
motion prevailed and the amendment, as amended, was adopted.
Norton moved to amend S. F. No. 2470, the second unofficial engrossment, as amended, as follows:
Page 5, after line 3, insert:
"(g) The commissioner shall provide
regular updates to the task force on medical cannabis therapeutic research
regarding any changes in federal law or regulatory restrictions regarding the
use of medical cannabis.
(h) The commissioner may submit medical research based on the data collected under this section to any federal agency with regulatory or enforcement authority over medical cannabis to demonstrate the efficacy of medical cannabis for treating a qualifying medical condition."
The
motion prevailed and the amendment was adopted.
Quam offered an amendment to
S. F. No. 2470, the second unofficial engrossment, as amended.
POINT OF
ORDER
Melin raised a point of order pursuant to
rule 4.03, relating to Ways and Means Committee; Budget Resolution; Effect on
Expenditure and Revenue Bills, that the Quam amendment was not in order. The Speaker ruled the point of order well
taken and the Quam amendment out of order.
Garofalo moved to amend S. F. No. 2470, the second unofficial engrossment, as amended, as follows:
Page 3, after line 2, insert:
"(8) intractable pain, as defined in section 152.125;"
Page 3, line 3, delete "(8)" and insert "(9)"
Page 3, line 4, delete "(9)" and insert "(10)"
Garofalo moved to amend his amendment to S. F. No. 2470, the second unofficial engrossment, as amended, as follows:
Page 1, line 4, after "152.125" insert ", subdivision 1"
The
motion prevailed and the amendment to the amendment was adopted.
POINT OF
ORDER
Murphy, E., raised a point of order
pursuant to rule 4.03, relating to Ways and Means Committee; Budget Resolution;
Effect on Expenditure and Revenue Bills, that the Garofalo amendment, as
amended, was not in order. The Speaker
ruled the point of order well taken and the Garofalo amendment, as amended, out
of order.
Anderson, S., moved to amend S. F. No. 2470, the second unofficial engrossment, as amended, as follows:
Page 16, after line 21, insert:
"Sec. 5. RULES;
ADVERSE INCIDENTS.
(a) The commissioner of health shall
adopt rules to establish requirements for reporting incidents when individuals
who are not authorized to possess medical cannabis under Minnesota Statutes, section
152.22, subdivision 11, are found in
possession of medical cannabis. The
rules must identify professionals required to report, the information
they are required to report, and actions the reporter must take to secure the
medical cannabis.
(b)
The commissioner of health shall adopt rules to establish requirements for law
enforcement officials and health professionals to report incidents involving an
overdose of any form of cannabis to the commissioner of health.
(c) Rules must include the method by which the commissioner will collect and tabulate reports of unauthorized possession and overdose."
Schoen moved to amend the Anderson, S., amendment to S. F. No. 2470, the second unofficial engrossment, as amended, as follows:
Page 1, line 12, delete "any form of" and insert "medical"
A roll call was requested and properly
seconded.
The question
was taken on the amendment to the amendment and the roll was called. There were 71 yeas and 51 nays as follows:
Those who voted in the affirmative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Cornish
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kieffer
Laine
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Scott
Simon
Slocum
Sundin
Wagenius
Ward, J.A.
Winkler
Yarusso
Spk. Thissen
Those who voted in the negative were:
Albright
Anderson, P.
Anderson, S.
Barrett
Benson, M.
Daudt
Davids
Dettmer
Drazkowski
Erickson, S.
Fabian
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Hoppe
Howe
Kelly
Kiel
Kresha
Leidiger
Lenczewski
Lohmer
Loon
Mack
McDonald
Murphy, M.
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Selcer
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zerwas
The
motion prevailed and the amendment to the amendment was adopted.
The question recurred on the Anderson, S.,
amendment, as amended, to S. F. No. 2470, the second unofficial
engrossment, as amended. The motion
prevailed and the amendment, as amended, was adopted.
Newberger moved to amend S. F. No. 2470, the second unofficial engrossment, as amended, as follows:
Page 13, after line 24, insert:
"Subd. 15.
Quality control and oversight
committee. (a) The governor
shall establish an independent quality control and oversight committee to
provide medical input and direction related to the use of medical cannabis. The committee shall work with the governor
and the commissioner of health to determine the best uses and safest practices
for medical cannabis and shall submit annual reports of its findings to the
governor, the commissioner of health, and the legislature.
(b) The governor shall appoint the following members to
the committee:
(1) one oncologist;
(2) one pediatrician;
(3) one physician who is a pain specialist;
(4) one ophthalmologist; and
(5) one family practice physician.
(c) The commissioner of health shall assess the manufacturer of medical cannabis registered under subdivision 4 for all expenses related to operation of the quality control and oversight committee."
A roll call was requested and properly
seconded.
The question was taken on the Newberger
amendment and the roll was called. There
were 49 yeas and 73 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, P.
Anderson, S.
Barrett
Benson, M.
Daudt
Davids
Dettmer
Drazkowski
Erickson, S.
Fabian
Franson
Green
Gruenhagen
Gunther
Hackbarth
Hertaus
Hoppe
Howe
Johnson, B.
Kelly
Kiel
Kresha
Leidiger
Lenczewski
Lohmer
Loon
Mack
McDonald
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Zellers
Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Davnie
Dehn, R.
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Garofalo
Halverson
Hamilton
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Kieffer
Laine
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Slocum
Sundin
Wagenius
Ward, J.A.
Winkler
Woodard
Yarusso
Spk. Thissen
The
motion did not prevail and the amendment was not adopted.
Daudt was excused for the remainder of
today's session.
Newberger moved to amend S. F. No. 2470, the second unofficial engrossment, as amended, as follows:
Page 9, line 17, after the period, insert "The laboratory must analyze all medical cannabis for hazardous compounds prior to distribution of medical cannabis to patients. The manufacturer shall provide appropriate warning information related to the use of medical cannabis to patients and health care practitioners. These warnings may include, but are not limited to, labels, letters, e-mails, or direct counseling."
A roll call was requested and properly
seconded.
The question was taken on the Newberger
amendment and the roll was called. There
were 52 yeas and 71 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, P.
Anderson, S.
Barrett
Benson, M.
Davids
Dettmer
Drazkowski
Erickson, S.
Fabian
Faust
Franson
Green
Gruenhagen
Gunther
Hackbarth
Hertaus
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Lenczewski
Lohmer
Loon
Mack
Marquart
McDonald
Myhra
Newberger
Nornes
O'Neill
Peppin
Petersburg
Pugh
Quam
Rosenthal
Runbeck
Sanders
Schomacker
Scott
Selcer
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Fischer
Freiberg
Garofalo
Halverson
Hamilton
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
O'Driscoll
Paymar
Pelowski
Persell
Poppe
Radinovich
Savick
Sawatzky
Schoen
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Winkler
Yarusso
Spk. Thissen
The
motion did not prevail and the amendment was not adopted.
Newberger moved to amend S. F. No. 2470, the second unofficial engrossment, as amended, as follows:
Page 13, after line 24, insert:
"Subd. 15. Expiration. This section expires July 1, 2017, or 48 months after the initial distribution of medical cannabis products to patients, whichever is later."
Page 14, after line 16, insert:
"EXPIRATION DATE. The amendments to this section expire July 1, 2017, or 48-months after the initial distribution of medical cannabis products to patients under Minnesota Statutes, section 152.22, whichever is later."
Page 15, after line 3, insert:
"Subd. 4. Expiration. This section expires July 1, 2017, or 48 months after the initial distribution of medical cannabis products to patients under Minnesota Statutes, section 152.22, whichever is later."
Page 16, delete line 21 and insert "expires July 1, 2017, or 48 months after the initial distribution of medical cannabis products to patients under Minnesota Statutes, section 152.22, whichever is later."
A roll call was requested and properly
seconded.
Johnson, B., moved to amend the Newberger amendment to S. F. No. 2470, the second unofficial engrossment, as amended, as follows:
Page 1, lines 4, 7, 11, and 14, delete "2017" and insert "2019"
Page 1, after line 13, insert:
"Page 16, line 17, after "assessment" insert ", with a final report due February 1, 2019""
A roll call was requested and properly seconded.
The question
was taken on the amendment to the amendment and the roll was called. There were 48 yeas and 71 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, P.
Anderson, S.
Barrett
Benson, M.
Davids
Dettmer
Drazkowski
Fabian
Franson
Green
Gruenhagen
Gunther
Hackbarth
Hertaus
Hoppe
Howe
Johnson, B.
Kelly
Kiel
Kresha
Leidiger
Lenczewski
Lohmer
Loon
Mack
Marquart
McDonald
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Clark
Cornish
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Garofalo
Halverson
Hamilton
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Kieffer
Laine
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Nelson
Newton
Norton
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Winkler
Yarusso
Spk. Thissen
The
motion did not prevail and the amendment to the amendment was not adopted.
The question recurred on the Newberger
amendment and the roll was called. There
were 46 yeas and 75 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, P.
Anderson, S.
Barrett
Benson, M.
Davids
Dettmer
Drazkowski
Fabian
Franson
Green
Gruenhagen
Hackbarth
Hertaus
Hoppe
Howe
Johnson, B.
Kelly
Kiel
Kresha
Leidiger
Lenczewski
Lohmer
Loon
Mack
Marquart
McDonald
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Garofalo
Gunther
Halverson
Hamilton
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Kieffer
Laine
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Winkler
Yarusso
Spk. Thissen
The
motion did not prevail and the amendment was not adopted.
Quam moved to amend S. F. No. 2470, the second unofficial engrossment, as amended, as follows:
Page 5, after line 3, insert:
"(g) The commissioner shall consult with professionals in other states, including but not limited to California, Washington, Oregon, and Colorado, who are experienced in developing and implementing medical cannabis programs and the delivery of medical cannabis to patients."
A roll call was requested and properly
seconded.
The question was taken on the Quam
amendment and the roll was called. There
were 38 yeas and 83 nays as follows:
Those who voted in the affirmative were:
Anderson, P.
Anderson, S.
Barrett
Benson, M.
Davids
Dettmer
Fabian
Franson
Green
Gruenhagen
Hackbarth
Hoppe
Howe
Johnson, B.
Kiel
Kresha
Leidiger
Lohmer
Loon
McDonald
Myhra
Newberger
Nornes
O'Neill
Peppin
Petersburg
Pugh
Quam
Rosenthal
Runbeck
Scott
Selcer
Swedzinski
Torkelson
Uglem
Urdahl
Wills
Woodard
Those who voted in the negative were:
Albright
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Davnie
Dehn, R.
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Garofalo
Gunther
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mack
Mahoney
Mariani
Marquart
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
O'Driscoll
Paymar
Pelowski
Persell
Poppe
Radinovich
Sanders
Savick
Sawatzky
Schoen
Simon
Simonson
Slocum
Sundin
Theis
Wagenius
Ward, J.A.
Winkler
Yarusso
Spk. Thissen
The
motion did not prevail and the amendment was not adopted.
Quam moved to amend S. F. No. 2470, the second unofficial engrossment, as amended, as follows:
Page 11, after line 2, insert:
"(p) The medical cannabis manufacturer and the laboratory conducting testing on products are required to perform monthly drug tests on all personnel to test for exposure to cannabis."
A roll call was requested and properly
seconded.
The question was taken on the Quam
amendment and the roll was called. There
were 32 yeas and 89 nays as follows:
Those who voted in the affirmative were:
Anderson, P.
Barrett
Benson, M.
Davids
Dettmer
Drazkowski
Franson
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Howe
Johnson, B.
Kiel
Leidiger
Loon
McDonald
Myhra
Newberger
Nornes
O'Neill
Peppin
Petersburg
Pugh