Journal of the House - 49th Day - Thursday, April 29, 2021 - Top of Page 6851

STATE OF MINNESOTA

 

Journal of the House

 

NINETY-SECOND SESSION - 2021

 

_____________________

 

FORTY-NINTH DAY

 

Saint Paul, Minnesota, Thursday, April 29, 2021

 

 

      The House of Representatives convened at 4:30 p.m. and was called to order by Kelly Moller, Speaker pro tempore.

 

      Prayer was offered by Father Kevin Finnegan, Our Lady of Grace Catholic Church, Edina, Minnesota.

 

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

 

      The roll was called and the following members were present:

 


Acomb

Agbaje

Akland

Albright

Anderson

Backer

Bahner

Bahr

Baker

Becker-Finn

Bennett

Berg

Bernardy

Bierman

Bliss

Boe

Boldon

Burkel

Carlson

Christensen

Daniels

Daudt

Davids

Davnie

Demuth

Dettmer

Drazkowski

Ecklund

Edelson

Elkins

Erickson

Feist

Fischer

Franke

Franson

Frazier

Frederick

Freiberg

Garofalo

Gomez

Green

Greenman

Grossell

Gruenhagen

Haley

Hamilton

Hansen, R.

Hanson, J.

Hassan

Hausman

Heinrich

Heintzeman

Her

Hollins

Hornstein

Howard

Huot

Igo

Johnson

Jordan

Jurgens

Keeler

Kiel

Klevorn

Koegel

Kotyza-Witthuhn

Koznick

Kresha

Lee

Liebling

Lillie

Lippert

Lislegard

Long

Lucero

Lueck

Mariani

Marquart

Masin

Mekeland

Miller

Moller

Moran

Morrison

Mortensen

Mueller

Munson

Murphy

Nash

Nelson, M.

Nelson, N.

Neu Brindley

Noor

Novotny

O'Driscoll

Olson, B.

Olson, L.

O'Neill

Pelowski

Petersburg

Pfarr

Pierson

Pinto

Poston

Pryor

Quam

Raleigh

Rasmusson

Reyer

Richardson

Robbins

Sandell

Sandstede

Schomacker

Schultz

Scott

Stephenson

Sundin

Swedzinski

Theis

Thompson

Torkelson

Urdahl

Vang

Wazlawik

West

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

      A quorum was present.

 

      Hertaus and McDonald were excused.

 

      The Chief Clerk proceeded to read the Journals of the preceding days.  There being no objection, further reading of the Journals was dispensed with and the Journals were approved as corrected by the Chief Clerk.


Journal of the House - 49th Day - Thursday, April 29, 2021 - Top of Page 6852

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Mariani from the Committee on Public Safety and Criminal Justice Reform Finance and Policy to which was referred:

 

H. F. No. 600, A bill for an act relating to cannabis; establishing the Cannabis Management Board; establishing advisory councils; requiring reports relating to cannabis use and sales; legalizing and limiting the possession and use of cannabis by adults; providing for the licensing, inspection, and regulation of cannabis businesses; requiring testing of cannabis and cannabis products; requiring labeling of cannabis and cannabis products; limiting the advertisement of cannabis, cannabis products, and cannabis businesses; providing for the cultivation of cannabis in private residences; transferring regulatory authority for the medical cannabis program; taxing the sale of adult-use cannabis; establishing grant and loan programs; amending criminal penalties; establishing expungement procedures for certain individuals; establishing labor standards for the use of cannabis by employees and testing of employees; creating a civil cause of action for certain nuisances; amending the scheduling of marijuana and tetrahydrocannabinols; classifying data; appropriating money; amending Minnesota Statutes 2020, sections 13.411, by adding a subdivision; 13.871, by adding a subdivision; 152.02, subdivisions 2, 4; 152.022, subdivisions 1, 2; 152.023, subdivisions 1, 2; 152.024, subdivision 1; 152.025, subdivisions 1, 2; 181.938, subdivision 2; 181.950, subdivisions 2, 4, 5, 8, 13, by adding a subdivision; 181.951, by adding subdivisions; 181.952, by adding a subdivision; 181.953; 181.954; 181.955; 181.957, subdivision 1; 244.05, subdivision 2; 256.01, subdivision 18c; 256D.024, subdivision 1; 256J.26, subdivision 1; 290.0132, subdivision 29; 290.0134, subdivision 19; 297A.67, subdivisions 2, 7; 297A.99, by adding a subdivision; 297D.01, subdivision 2; 297D.04; 297D.06; 297D.07; 297D.08; 297D.085; 297D.09, subdivision 1a; 297D.10; 297D.11; 609.135, subdivision 1; 609.531, subdivision 1; 609.5311, subdivision 1; 609.5314, subdivision 1; 609.5316, subdivision 2; 609.5317, subdivision 1; 609A.01; 609A.03, subdivisions 5, 9; proposing coding for new law in Minnesota Statutes, chapters 17; 28A; 34A; 116J; 116L; 120B; 144; 152; 289A; 295; 604; 609A; proposing coding for new law as Minnesota Statutes, chapter 342; repealing Minnesota Statutes 2020, sections 152.027, subdivisions 3, 4; 152.22, subdivisions 1, 2, 3, 4, 5, 5a, 5b, 6, 7, 8, 9, 10, 11, 12, 13, 14; 152.23; 152.24; 152.25, subdivisions 1, 1a, 1b, 1c, 2, 3, 4; 152.26; 152.261; 152.27, subdivisions 1, 2, 3, 4, 5, 6, 7; 152.28, subdivisions 1, 2, 3; 152.29, subdivisions 1, 2, 3, 3a, 4; 152.30; 152.31; 152.32, subdivisions 1, 2, 3; 152.33, subdivisions 1, 1a, 2, 3, 4, 5, 6; 152.34; 152.35; 152.36, subdivisions 1, 1a, 2, 3, 4, 5; 152.37; 297D.01, subdivision 1; Minnesota Rules, parts 4770.0100; 4770.0200; 4770.0300; 4770.0400; 4770.0500; 4770.0600; 4770.0800; 4770.0900; 4770.1000; 4770.1100; 4770.1200; 4770.1300; 4770.1400; 4770.1460; 4770.1500; 4770.1600; 4770.1700; 4770.1800; 4770.1900; 4770.2000; 4770.2100; 4770.2200; 4770.2300; 4770.2400; 4770.2700; 4770.2800; 4770.4000; 4770.4002; 4770.4003; 4770.4004; 4770.4005; 4770.4007; 4770.4008; 4770.4009; 4770.4010; 4770.4012; 4770.4013; 4770.4014; 4770.4015; 4770.4016; 4770.4017; 4770.4018; 4770.4030.

 

Reported the same back with the following amendments:

 

Page 3, delete lines 12 to 14 and insert:

 

"(2) a specific quantity of a specific cannabis product that is manufactured by a cannabis manufacturer or cannabis microbusiness at the same time and using the same methods, equipment, and ingredients that is uniform and intended to meet specifications for identity, strength, purity, and composition, and that is manufactured, packaged, and labeled according to a single batch production record executed and documented during the same cycle of manufacture and produced by a continuous process."

 

Page 9, delete lines 11 to 15 and insert:

 

"(3) has been approved by the Office of Medical Cannabis to assist a patient with obtaining medical cannabis and medical cannabis products from a cannabis retailer or medical cannabis business and with administering medical cannabis and medical cannabis products."


Journal of the House - 49th Day - Thursday, April 29, 2021 - Top of Page 6853

Page 9, after line 31, insert:

 

"Subd. 47.  Visiting designated caregiver.  "Visiting designated caregiver" means a person who is authorized under a visiting patient's jurisdiction of residence to assist the visiting patient with the use of medical cannabis and medical cannabis products.  To be considered a visiting designated caregiver, the person must possess a valid verification card or its equivalent that is issued by the visiting patient's jurisdiction of residence and that verifies that the person is authorized to assist the visiting patient with the administration of medical cannabis and medical cannabis products under the laws or regulations of the visiting patient's jurisdiction of residence.

 

Subd. 48.  Visiting patient.  "Visiting patient" means a person who is not a Minnesota resident and who possesses a valid registration verification card or its equivalent that is issued under the laws or regulations of another state, district, commonwealth, or territory of the United States verifying that the person is enrolled in or authorized to participate in that jurisdiction's medical cannabis or medical marijuana program."

 

Renumber the subdivisions in sequence

 

Page 10, delete line 20 and insert:

 

"(3) a person with experience in public health, including mental health and substance use disorders;"

 

Page 11, delete lines 5 and 6 and insert:

 

"(c) At least one member appointed under paragraph (a) must be a person with experience in cannabis labor and workplace safety."

 

Page 12, delete lines 19 and 20 and insert:

 

"(12) publish such information as may be deemed necessary for the welfare of cannabis businesses, cannabis workers, and the health and safety of citizens;"

 

Page 14, delete lines 3 and 4

 

Reletter the paragraphs in sequence

 

Page 15, after line 9, insert:

 

"(14) an expert representing the interests of cannabis workers, appointed by the governor;"

 

Page 15, delete line 26 and insert:

 

"(27) two patient advocates, one who is a patient enrolled in the medical cannabis program and one with experience in the mental health or substance use disorder systems, appointed by the governor; and"

 

Renumber the clauses in sequence

 

Page 17, after line 10, insert:

 

"(e) The board shall conduct a study on the state's mental health and substance use disorder systems to determine the rates at which individuals access those systems.  At a minimum, the report shall include information about the number of people admitted to emergency rooms for treatment of a mental illness or substance use disorder, ordered by a court to participate in mental health or substance use programming, and who voluntarily agreed to accept


Journal of the House - 49th Day - Thursday, April 29, 2021 - Top of Page 6854

mental health or substance use treatment or admission to a state-operated treatment program or treatment facility.  The report must include summary data disaggregated by the month of admission or order; age, race, and sex of the individuals; whether the admission or order was for a mental illness or substance use disorder; and, to the extent known, the substance of abuse that resulted in the admission or order.  Data must be obtained, retained, and reported in a way that prevents the unauthorized release of private data on individuals as defined in section 13.02.  The board shall submit the report by January 15, 2026, and the report may be combined with the annual report submitted by the board."

 

Reletter the paragraphs in sequence

 

Page 18, after line 9, insert:

 

"(ix) training of peace officers on the cultural uses of sage and distinguishing use of sage from the use of cannabis, including whether the Board of Peace Officer Standards and Training should approve or develop training materials;"

 

Renumber the items in sequence

 

Page 18, line 14, delete "(x)" and insert "(xi)"

 

Page 19, line 2, delete "by rule" and after "approve" insert "types of"

 

Page 20, line 29, delete "1.5" and insert "two"

 

Page 21, line 4, delete "1.5" and insert "two"

 

Page 21, line 9, delete "when" and insert "unless"

 

Page 21, line 10, delete "permitted to consume" and insert "prohibited from consuming"

 

Page 22, line 25, delete "1.5" and insert "two"

 

Page 25, line 13, after the period, insert "A local unit of government may prohibit operation of a cannabis business within 1,000 feet of a school, day care, nursing home, union headquarters, house of worship, or the Capitol or Capitol grounds provided the prohibition does not prevent the establishment or operation of a cannabis business within the boundaries of that local unit of government."

 

Page 29, delete subdivision 4

 

Page 43, delete subdivision 1 and insert:

 

"Subdivision 1.  Authorized actions.  A cannabis manufacturer license, consistent with the specific license endorsement or endorsements, entitles the license holder to:

 

(1) purchase cannabis, cannabis products, hemp, and hemp products from cannabis cultivators, other cannabis manufacturers, cannabis microbusinesses, and industrial hemp growers;

 

(2) accept cannabis from unlicensed persons who are at least 21 years of age provided the cannabis manufacturer does not accept more than two ounces from an individual on a single occasion;


Journal of the House - 49th Day - Thursday, April 29, 2021 - Top of Page 6855

(3) extract tetrahydrocannabinol and other raw materials from cannabis;

 

(4) concentrate tetrahydrocannabinol;

 

(5) manufacture products for public consumption;

 

(6) package and label cannabis products for sale to other cannabis businesses; and

 

(7) perform other actions approved by the board."

 

Page 45, after line 21, insert:

 

"(d) A cannabis manufacturer that extracts and concentrates tetrahydrocannabinol and other raw materials from cannabis received from an unlicensed person who is at least 21 years of age must comply with all health and safety requirements established by the board.  At a minimum, the board shall require a cannabis manufacturer to:

 

(1) store the cannabis in an area that is segregated from cannabis received from a licensed business;

 

(2) perform the extraction and concentration on equipment that is used exclusively for extraction or concentration of cannabis received from unlicensed individuals;

 

(3) store any concentrated tetrahydrocannabinol or other raw materials, other than waste products, in an area that is segregated from concentrated tetrahydrocannabinol or other raw materials derived from cannabis received from a licensed business; and

 

(4) provide any extracted or concentrated tetrahydrocannabinol or other raw materials only to the person who provided the cannabis."

 

Reletter the paragraphs in sequence

 

Page 48, line 2, delete "1.5" and insert "two"

 

Page 64, delete subdivision 7

 

Renumber the subdivisions in sequence

 

Page 64, after line 32, insert:

 

"(5) purchase hemp from industrial hemp growers and purchase hemp products from hemp processors licensed under chapter 18K for use in manufacturing medical cannabis products;"

 

Renumber the clauses in sequence

 

Page 67, delete subdivision 1 and insert:

 

"Subdivision 1.  Licensure; continued participation in medical cannabis program.  (a) A legacy medical cannabis manufacturer may apply to the board for licensure under this chapter within a time period specified by the board.  Subject to the exceptions identified in subdivision 2, a legacy medical cannabis manufacturer must obtain a medical cannabis license.  Notwithstanding any provision to the contrary in this chapter, until December 31, 2026, a legacy medical cannabis manufacturer may obtain and operate under:


Journal of the House - 49th Day - Thursday, April 29, 2021 - Top of Page 6856

(1) a cannabis cultivator license, if the legacy medical cannabis manufacturer also obtains a medical cannabis business license and commits to cultivating an adequate supply of medical cannabis for a period of time specified by the board;

 

(2) a cannabis manufacturer license, if the legacy medical cannabis manufacturer also obtains a medical cannabis business license and commits to manufacturing an adequate supply of medical cannabis products for a period of time specified by the board; and

 

(3) a cannabis retailer license, if the legacy medical cannabis manufacturer also obtains a medical cannabis business license and commits to offering for sale medical cannabis and medical cannabis products for a period of time specified by the board, within the limits of available supply.

 

(b) For purposes of this section, "adequate supply" means a cultivation, manufacturing, or inventory level of medical cannabis or medical cannabis products needed to meet the demand of patients enrolled in the registry program.

 

(c) Beginning January 1, 2027, a legacy medical cannabis manufacturer must comply with the limits on multiple licenses for medical cannabis businesses in section 342.40, subdivision 3.

 

(d) The board may by rule limit the number of cannabis cultivator, cannabis manufacturer, cannabis retailer, and medical cannabis business licenses a legacy medical cannabis manufacturer may hold.

 

(e) For purposes of this subdivision, a restriction on the number or type of licenses a legacy medical cannabis manufacturer may hold applies to every director, manager, and general partner of a legacy medical cannabis manufacturer.

 

Subd. 2.  Licensure procedures; ownership requirements.  To be licensed under this chapter, a legacy medical cannabis manufacturer must apply for licensure according to the procedures in section 342.15.  While it holds a medical cannabis license, a legacy medical cannabis manufacturer is exempt from the ownership requirements in section 342.20, subdivision 3, paragraph (a), clause (6).  A legacy medical cannabis manufacturer must comply with the limitations in section 342.40, subdivision 4, regarding ownership or governance by or employment of a health care practitioner who certifies qualifying medical conditions for patients."

 

Page 68, delete lines 1 to 7

 

Page 69, delete lines 10 to 18 and insert:

 

"(b) As part of the application under this subdivision, a patient must submit a copy of a certification from the patient's health care practitioner that is dated within 90 days prior to submission of the application and that certifies that the patient has been diagnosed with a qualifying medical condition.

 

(c) A patient's health care practitioner may submit a statement to the Office of Medical Cannabis declaring that the patient is no longer diagnosed with a qualifying medical condition.  Within 30 days after receipt of a statement from a patient's health care practitioner, the Office of Medical Cannabis shall provide written notice to a patient stating that the patient's enrollment in the registry program will be revoked in 30 days unless the patient submits a certification from a health care practitioner or documentation from the United States Department of Veterans Affairs that the patient is currently diagnosed with a qualifying medical condition.  If the Office of Medical Cannabis revokes a patient's enrollment in the registry program pursuant to this paragraph, the office shall provide notice to the patient and to the patient's health care practitioner."


Journal of the House - 49th Day - Thursday, April 29, 2021 - Top of Page 6857

Page 69, line 25, delete everything after "condition" and insert a period

 

Page 69, delete lines 26 and 27

 

Page 70, delete line 6

 

Renumber the clauses in sequence

 

Page 70, delete lines 15 to 17 and insert:

 

"(d) A patient's enrollment in the registry program may be revoked only:

 

(1) pursuant to subdivision 2, paragraph (c);

 

(2) upon the death of the patient;

 

(3) if the patient does not comply with subdivision 6; or

 

(4) if the patient intentionally sells or diverts medical cannabis or medical cannabis products in violation of this chapter.

 

If a patient's enrollment in the registry program has been revoked due to a violation of subdivision 6, the patient may apply for enrollment 12 months after the date on which the patient's enrollment was revoked.  The office shall process such an application in accordance with this subdivision."

 

Page 71, line 15, delete "upon receipt of:" and insert "if the patient requires assistance in administering medical cannabis or medical cannabis products or in obtaining medical cannabis or medical cannabis products from a cannabis retailer or medical cannabis business."

 

Page 71, delete lines 16 to 24

 

Page 71, delete lines 29 to 31 and insert:

 

"(3) agree that if the application is approved, the person will not serve as a registered designated caregiver for more than six registered patients at one time.  Patients who reside in the same residence shall count as one patient."

 

Page 72, after line 31, insert:

 

"Subd. 2.  Distribution of medical cannabis.  A cannabis retailer or medical cannabis business shall distribute medical cannabis only to a patient age 21 or older, or to the registered designated caregiver, parent, legal guardian, or spouse of a patient age 21 or older."

 

Renumber the subdivisions in sequence

 

Page 72, line 33, before "A" insert "(a)"

 

Page 73, line 6, delete ", and"

 

Page 73, line 7, delete "the range of proper dosages reported by the Office of Medical Cannabis"

 

Page 73, delete line 8 and insert "this subdivision, a consultation may be conducted remotely by secure videoconference, telephone, or other remote means, as long"


Journal of the House - 49th Day - Thursday, April 29, 2021 - Top of Page 6858

Page 73, after line 13, insert:

 

"(b) Notwithstanding paragraph (a), a pharmacist consultation is not required prior to distribution of medical cannabis or medical cannabis products when a cannabis retailer or medical cannabis business is distributing medical cannabis or medical cannabis products to a patient according to a patient-specific dosage plan established with that cannabis retailer or medical cannabis business and is not modifying the dosage or product being distributed under that plan.  Medical cannabis or medical cannabis products distributed under this paragraph must be distributed by a pharmacy technician employee of the cannabis retailer or medical cannabis business."

 

Page 73, after line 17, insert:

 

"Subd. 5.  Distribution to visiting patient.  (a) A cannabis retailer or medical cannabis business shall distribute medical cannabis and medical cannabis products in accordance with subdivisions 1 to 4 to a visiting patient who resides in another state, district, commonwealth, or territory of the United States that authorizes the medical use of cannabis pursuant to the laws or regulations of that jurisdiction.

 

(b) Prior to distribution, the visiting patient must provide to a cannabis retailer or medical cannabis business:

 

(1) a valid medical marijuana or medical cannabis verification card, or an equivalent document issued by the visiting patient's jurisdiction of residence, that indicates that the visiting patient is authorized to use medical cannabis in the visiting patient's home jurisdiction; and

 

(2) a valid photographic identification card or driver's license issued by the visiting patient's jurisdiction of residence.

 

(c) A cannabis retailer or medical cannabis business shall only distribute medical cannabis and medical cannabis products to a visiting patient in a form allowed under this chapter.  A visiting patient may only use medical cannabis or medical cannabis products distributed by a cannabis retailer or medical cannabis business through a delivery method allowed under this chapter.

 

Subd. 6.  Distribution to recipient in a motor vehicle.  A cannabis retailer or medical cannabis business may distribute medical cannabis and medical cannabis products to a patient, registered designated caregiver, or parent, legal guardian, or spouse of a patient who is at the cannabis retailer or medical cannabis business location but remains in a motor vehicle, provided:

 

(1) staff receive payment and distribute medical cannabis and medical cannabis products in a designated zone that is as close as feasible to the front door;

 

(2) the cannabis retailer or medical cannabis business ensures that receipt of payment and distribution of medical cannabis and medical cannabis products are visually recorded by a closed-circuit television surveillance camera and provides any other necessary security safeguards;

 

(3) the cannabis retailer or medical cannabis business does not store medical cannabis or medical cannabis products outside a restricted access area, and staff transport medical cannabis and medical cannabis products from a restricted access area to the designated zone for distribution only after confirming that the patient, designated caregiver, or parent, guardian, or spouse has arrived in the designated zone;


Journal of the House - 49th Day - Thursday, April 29, 2021 - Top of Page 6859

(4) the payment and distribution of medical cannabis or medical cannabis products take place only after a pharmacist consultation takes place if required under subdivision 3;

 

(5) immediately following distribution of medical cannabis or medical cannabis products, staff enter the transaction in the state medical cannabis registry information technology database; and

 

(6) immediately following distribution of medical cannabis or medical cannabis products, staff take the payment received into the facility."

 

Renumber the subdivisions in sequence

 

Page 74, delete lines 21 to 27 and insert:

 

"(4) make available to participating health care practitioners a certification form in which a health care practitioner certifies that a patient has a qualifying medical condition; and"

 

Page 75, line 24, delete "4" and insert "7"

 

Page 75, line 28, delete "may" and insert "must"

 

Page 75, line 32, delete "4" and insert "7"

 

Page 76, delete lines 18 to 22

 

Renumber the clauses in sequence

 

Page 79, line 19, after "vaporizing" insert "or smoking"

 

Page 79, delete line 21 and insert:

 

"(ii) where the vapor would be inhaled by a nonpatient minor or where the smoke would be inhaled by a minor; or"

 

Page 80, line 5, delete "school board" and insert "commissioner of education"

 

Page 80, after line 18, insert:

 

"(c) School employees, including licensed school nurses, may only administer medical cannabis or medical cannabis products that have been approved by the United States Food and Drug Administration."

 

Reletter the paragraphs in sequence

 

Page 81, line 25, after "program" insert "or by a visiting patient to whom medical cannabis or medical cannabis products are distributed under section 342.51, subdivision 5"

 

Page 81, line 27, after "caregiver" insert ", a visiting designated caregiver visiting a patient,"

 

Page 84, after line 2, insert:

 

"Subd. 7.  Action for damages.  In addition to any other remedy provided by law, a patient may bring an action for damages against any person who violates subdivision 3, 4, or 5.  A person who violates subdivision 3, 4, or 5 is liable to a patient injured by the violation for the greater of the person's actual damages or a civil penalty of $100 and reasonable attorney fees."


Journal of the House - 49th Day - Thursday, April 29, 2021 - Top of Page 6860

Page 94, line 16, after "increases" insert "and programs to provide education and training to providers of substance use disorder treatment on the signs of substance use disorder and effective treatments for substance use disorder"

 

Page 94, line 21, delete "cannabis" and insert "substance use"

 

Page 94, line 22, delete everything before the period

 

Page 96, line 1, after "physician" insert "with experience in substance use disorders"

 

Page 126, line 1, after "which" insert "the person knows"

 

Page 126, line 25, after "which" insert "the person knows"

 

Page 127, line 3, after "if" insert "the person knows"

 

Page 127, line 5, delete "1.5" and insert "two"

 

Page 127, line 11, delete "1.5" and insert "two"

 

Page 127, delete subdivision 6

 

Page 128, delete subdivision 7 and insert:

 

"Subd. 6.  Use of cannabis in public.  A local unit of government may adopt an ordinance establishing a petty misdemeanor offense for a person who unlawfully uses cannabis or cannabis products in a public place provided the definition of public place does not include the following:

 

(1) a private residence, including the person's curtilage or yard;

 

(2) private property, not generally accessible by the public, unless the person is explicitly prohibited from consuming cannabis or cannabis products on the property by the owner of the property; or

 

(3) the premises of an establishment or event licensed to permit on-site consumption."

 

Renumber the subdivisions in sequence

 

Page 128, lines 21 and 26, delete "1.5" and insert "two"

 

Page 129, lines 13, 16, 19, 26, and 29, delete "1.5" and insert "two"

 

Page 139, line 25, after "order" insert "vacating the conviction, if any, discharging the person from any form of supervision, dismissing the proceedings against that person, and"

 

Page 140, delete lines 28 and 29 and insert:

 

"(3) determine whether a person's conviction should be vacated, charges should be dismissed, and records should be expunged, or whether the person should be resentenced to a lesser offense; and"


Journal of the House - 49th Day - Thursday, April 29, 2021 - Top of Page 6861

Page 142, after line 22, insert:

 

"(b) If the Cannabis Expungement Board determines that expungement is in the public interest, the board shall determine whether a person's conviction should be vacated and charges should be dismissed."

 

Reletter the paragraphs in sequence

 

Page 143, after line 30, insert:

 

"(4) if the person is eligible for expungement, whether the person's conviction should be vacated and charges should be dismissed;"

 

Renumber the clauses in sequence

 

Page 144, line 20, after the period, insert "If the Cannabis Expungement Board determined that the person's conviction should be vacated and charges should be dismissed, the order shall vacate and dismiss the charges."

 

Page 145, after line 19, insert:

 

"Section 1.  [3.9224] MEDICAL CANNABIS; COMPACTS TO BE NEGOTIATED.

 

Subdivision 1.  Definitions.  (a) As used in this section, the following terms have the meanings given.

 

(b) "Indian Tribe" means a Tribe, band, nation, or other federally recognized group or community of Indians located within the geographical boundaries of the state of Minnesota.

 

(c) "Medical cannabis" has the meaning given in section 342.01, subdivision 31.

 

(d) "Medical cannabis product" has the meaning given in section 342.01, subdivision 34.

 

Subd. 2.  Negotiations authorized.  Following a public hearing, the governor or the governor's designated representatives are authorized to negotiate in good faith a compact with an Indian Tribe regulating medical cannabis and medical cannabis products.  The attorney general is the legal counsel for the governor or the governor's representatives in regard to negotiating a compact under this section.  If the governor appoints designees to negotiate under this subdivision, the designees must include at least two members of the senate and two members of the house of representatives, two of whom must be the chairs of the senate and house of representatives standing committees with jurisdiction over health policy.

 

Subd. 3.  Terms of compact; rights of parties.  (a) A compact agreed to under this section may address any issues related to medical cannabis and medical cannabis products that affect the interests of both the state and Indian Tribe or otherwise have an impact on Tribal-state relations.  At a minimum, a compact agreed to on behalf of the state under this section must address:

 

(1) enforcement of criminal and civil laws;

 

(2) regulation of the commercial production, processing, sale or distribution, and possession of medical cannabis and medical cannabis products;


Journal of the House - 49th Day - Thursday, April 29, 2021 - Top of Page 6862

(3) medical and pharmaceutical research involving medical cannabis and medical cannabis products;

 

(4) taxation of medical cannabis and medical cannabis products, including establishing an appropriate amount and method of revenue sharing;

 

(5) immunities of an Indian Tribe or preemption of state law regarding the production, processing, or sale or distribution of medical cannabis and medical cannabis products; and

 

(6) the method of resolution for disputes involving the compact, including the use of mediation or other alternative dispute resolution processes and procedures.

 

(b) In addressing the issues identified under paragraph (a), the governor or the governor's designated representatives shall only enter into agreements that:

 

(1) provide for the preservation of public health and safety;

 

(2) ensure the security of production, processing, retail, and research facilities on Tribal land; and

 

(3) establish provisions regulating business involving medical cannabis and medical cannabis products that pass between Tribal land and non-Tribal land in the state.

 

Subd. 4.  Taxes and fees.  Notwithstanding any law to the contrary, any compact agreed to under this section shall establish all taxes, fees, assessments, and other charges related to the production, processing, sale or distribution, and possession of medical cannabis and medical cannabis products.

 

Subd. 5.  Civil and criminal immunities.  The following acts, when performed by a validly licensed medical cannabis retailer or an employee of a medical cannabis retailer operated by an Indian Tribe pursuant to a compact entered into under this section, do not constitute a criminal or civil offense under state law:

 

(1) possession, purchase, and receipt of medical cannabis and medical cannabis products that are properly packaged and labeled as authorized under a compact entered into pursuant to this section; and

 

(2) delivery, distribution, and sale of medical cannabis and medical cannabis products as authorized under a compact entered into pursuant to this section and that takes place on the premises of a medical cannabis retailer on Tribal land to any person 21 years of age or older.

 

Subd. 6.  Publication; report.  (a) The governor shall post any compact entered into under this section on a publicly accessible website.

 

(b) The governor, the attorney general, and the governor's designated representatives shall report to the house of representatives and senate committees having jurisdiction over health, taxation, and commerce annually.  This report shall contain information on compacts negotiated, and an outline of prospective negotiations."

 

Page 146, line 8, delete "provide school districts and charter schools with" and insert "publish a list of"

 

Page 146, line 9, delete "access to the" and delete ", including" and insert "that include"

 

Page 148, delete subdivision 4


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Page 162, after line 33, insert:

 

"(d) Minnesota Statutes 2020, section 152.21, is repealed."

 

Renumber the sections in sequence and correct the internal references

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Health Finance and Policy.

 

      The report was adopted.

 

 

Mariani from the Committee on Public Safety and Criminal Justice Reform Finance and Policy to which was referred:

 

H. F. No. 2539, A bill for an act relating to public safety; providing for sign and release warrants; proposing coding for new law in Minnesota Statutes, chapter 629.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  [629.415] PROCEEDINGS ON SUMMONS TO APPEAR.

 

Subdivision 1.  Issuance of summons to appear.  A court may issue a summons in accordance with rule 3.01 of the Rules of Criminal Procedure to notify a person charged with a criminal offense of the need to appear at a certain time and place to answer the charge.

 

Subd. 2.  Service of summons.  A summons may be served in accordance with rule 3.03 of the Rules of Criminal Procedure.  The court shall record the manner in which the summons was served and, if the summons was served by mailing it to the defendant's last known address, the court shall record whether the summons was returned as undeliverable.

 

Subd. 3.  Failure to appear; issuance of a sign and release warrant.  (a) Unless a prosecutor makes the showing described in subdivision 4, the court shall issue a sign and release warrant if:

 

(1) the court issued a summons;

 

(2) the defendant failed to appear at the time and place identified in the summons;

 

(3) the defendant had not previously failed to appear in the same case; and

 

(4) the defendant is charged with a misdemeanor offense other than a targeted misdemeanor, as defined in section 299C.10, subdivision 1, or a gross misdemeanor offense other than a violation of section 169A.20 (driving while impaired); 518B.01, subdivision 14 (violation of domestic abuse order for protection); 609.2231 (fourth‑degree assault); 609.224 (fifth-degree assault); 609.2242 (domestic assault); 609.3451 (fifth-degree criminal sexual conduct); 609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child); 609.748, subdivision 6 (violation of harassment restraining order); 609.749 (harassment or stalking); 609.78, subdivision 2 (interference with an emergency call); 617.261 (nonconsensual dissemination of private sexual images); or 629.75 (violation of domestic abuse no contact order).


Journal of the House - 49th Day - Thursday, April 29, 2021 - Top of Page 6864

(b) A sign and release warrant shall not require the defendant to post bail or comply with any other conditions of release.  A sign and release warrant does not authorize the arrest of the defendant.

 

(c) Any court record provided or made available to a law enforcement agency shall indicate that the warrant is a sign and release warrant.

 

Subd. 4.  When bail may be required.  The court may issue a warrant that requires the defendant to post bail or comply with other conditions of release if a prosecutor shows, by a preponderance of the evidence, that bail is necessary:

 

(1) for the safety of a victim;

 

(2) because a defendant poses a risk to public safety; or

 

(3) because the defendant otherwise poses a danger to self or others.

 

Subd. 5.  Sign and release warrant; law enforcement duties.  (a) When a peace officer encounters a defendant who is the subject of a sign and release warrant, the officer shall inform the defendant of the missed court appearance and provide a new notice that includes a time to appear.

 

(b) Notice of the new time to appear shall be made in writing and must include the court file number or the warrant number.  The defendant may be asked to sign a form acknowledging receipt of the notice.  A defendant may not be required to sign the acknowledgment, but the peace officer or other employee may indicate that a notice was given and that the defendant refused to sign.

 

(c) After providing the notice, the peace officer shall release the defendant at the scene.

 

(d) As soon as practicable after providing the notice, the peace officer shall:

 

(1) inactivate the warrant or direct the appropriate office or department to inactivate the warrant; and

 

(2) submit a form or other notification that can be filed in the court's electronic filing system that includes the court case number, updates the defendant's personal contact information, and indicates that the defendant received notice of the new time to appear.

 

Subd. 6.  Exception; lawful arrest.  Nothing in this section prohibits a peace officer from arresting a defendant for any lawful reason.

 

Subd. 7.  Procedure to notify peace officers; scheduling new court dates.  (a) By January 1, 2024, the sheriff of every county, in coordination with the district court of that county, shall develop a procedure to inform peace officers about the type of warrant issued by the court and provide hearing dates for sign and release warrants.

 

(b) At a minimum, the procedure shall include:

 

(1) an office, department, or other entity that a peace officer can contact at any time to determine the type of warrant issued by a court;

 

(2) if the warrant is a sign and release warrant, the ability to obtain an updated time for a defendant to appear to answer the charge;

 

(3) the ability to inactivate a sign and release warrant after a defendant has been notified of the new time to appear; and


Journal of the House - 49th Day - Thursday, April 29, 2021 - Top of Page 6865

(4) the ability to submit a form or other notification to the court's electronic filing system updating the defendant's personal contact information and indicating that the defendant received notice of the new time.

 

(c) The sheriff may develop forms to provide defendants with notice of the new time to appear.

 

EFFECTIVE DATE.  This section is effective July 1, 2021, and applies to warrants issued on or after January 1, 2024."

 

 

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

 

      The report was adopted.

 

      Pursuant to Joint Rule 2.03 and in accordance with House Concurrent Resolution No. 4, H. F. No. 2539 was re‑referred to the Committee on Rules and Legislative Administration.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

Stephenson introduced:

 

H. F. No. 2576, A bill for an act relating to local government; requiring local units of government to establish a permitting process for targeted residential picketing; establishing a civil penalty; proposing coding for new law in Minnesota Statutes, chapter 471.

 

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

 

 

Schultz introduced:

 

H. F. No. 2577, A bill for an act relating to state government; requiring the state forecast include the rate of inflation; amending Minnesota Statutes 2020, section 16A.103, subdivisions 1a, 1b.

 

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

 

 

Schultz introduced:

 

H. F. No. 2578, A bill for an act relating to higher education; modifying the process for electing members of the Board of Regents of the University of Minnesota; requiring a University of Minnesota faculty member to serve on the Board of Regents; addressing effects of redistricting on the Board of Regents; amending Minnesota Statutes 2020, sections 137.024; 137.0246; proposing coding for new law in Minnesota Statutes, chapter 137; repealing Minnesota Statutes 2020, section 137.0245.

 

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


Journal of the House - 49th Day - Thursday, April 29, 2021 - Top of Page 6866

Schultz introduced:

 

H. F. No. 2579, A bill for an act relating to economic development; appropriating money for a grant to fund physical accessibility improvements to performing arts spaces; requiring a report.

 

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

 

 

Freiberg, Hassan and Jordan introduced:

 

H. F. No. 2580, A bill for an act relating to public safety; authorizing cities and counties to impose residency requirements for peace officers; amending Minnesota Statutes 2020, section 415.16, by adding a subdivision.

 

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

 

 

Burkel introduced:

 

H. F. No. 2581, A bill for an act relating to taxation; sales and use; providing a construction materials sales tax exemption for a workforce housing project; amending Minnesota Statutes 2020, section 297A.71, subdivision 52.

 

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

 

 

Pierson and Davids introduced:

 

H. F. No. 2582, A bill for an act relating to infrastructure development; authorizing public-private partnerships for certain infrastructure projects; proposing coding for new law as Minnesota Statutes, chapter 16F.

 

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

 

 

Wolgamott introduced:

 

H. F. No. 2583, A bill for an act relating to agriculture; appropriating money for plant-based food research and development; requiring a report.

 

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

 

 

Long introduced:

 

H. F. No. 2584, A bill for an act relating to corrections; clarifying the governor's power to grant pardons; amending Minnesota Statutes 2020, sections 638.01; 638.02, subdivision 1.

 

The bill was read for the first time and referred to the Committee on Public Safety and Criminal Justice Reform Finance and Policy.


Journal of the House - 49th Day - Thursday, April 29, 2021 - Top of Page 6867

Berg introduced:

 

H. F. No. 2585, A bill for an act relating to retirement; Public Employees Retirement Association; transferring 911 telecommunicators from the general employees retirement plan to the local government correctional plan and transferring eligible service credit; amending Minnesota Statutes 2020, section 353E.02, subdivision 1, by adding a subdivision.

 

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

 

 

MESSAGES FROM THE SENATE

 

 

      The following message was received from the Senate:

 

 

Madam Speaker:

 

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

 

H. F. No. 991, A bill for an act relating to financing and operation of state and local government; providing conformity and nonconformity to certain federal tax law changes; modifying individual income and corporate franchise taxes, sales and use taxes, partnership taxes, special and excise taxes, property taxes, local government aids, provisions related to local taxes, tax increment financing, public finance, and other miscellaneous taxes and tax provisions; providing for various individual and corporate additions and subtractions to income; modifying certain income tax credits and authorizing new credits; providing for a pass-through entity tax; modifying definitions for resident trusts; modifying existing and providing new sales tax exemptions; modifying vapor and tobacco tax provisions; modifying and providing certain property tax exemptions; modifying property classification provisions; allowing for certain special assessments; modifying local government aid appropriations; modifying existing local taxes and authorizing new local taxes; modifying property tax homeowners' and renters' refunds; authorizing and modifying certain tax increment financing provisions; providing for a tax expenditure review commission and the required expiration of tax expenditures; making appointments; requiring reports; appropriating money; amending Minnesota Statutes 2020, sections 3.192; 3.8853, subdivision 2; 16A.152, subdivision 2; 41B.0391, subdivisions 2, 4; 116J.8737, subdivisions 5, 12; 270.41, subdivision 3a; 270.44; 270A.03, subdivision 2; 270B.12, subdivisions 8, 9; 270B.14, by adding a subdivision; 270C.11, subdivisions 2, 4, 6; 270C.13, subdivision 1; 270C.22, subdivision 1; 270C.445, subdivisions 3, 6; 272.02, by adding a subdivision; 272.029, subdivision 2; 272.0295, subdivisions 2, 5; 272.115, subdivision 1; 273.063; 273.0755; 273.124, subdivisions 1, 3a, 6, 9, 13, 13a, 13c, 13d, 14; 273.1245, subdivision 1; 273.13, subdivisions 23, 25, 34; 273.1315, subdivision 2; 273.18; 275.025, subdivisions 1, 2; 275.065, subdivisions 1, 3, by adding subdivisions; 275.066; 287.04; 289A.02, subdivision 7; 289A.08, subdivisions 7, 11, by adding subdivisions; 289A.09, subdivision 2; 289A.20, subdivision 4; 289A.31, subdivision 1; 289A.37, subdivision 2; 289A.38, subdivisions 7, 8, 9, 10; 289A.42; 289A.60, subdivisions 15, 24; 290.01, subdivisions 19, 31, by adding a subdivision; 290.0121, subdivision 3; 290.0122, subdivisions 4, 8; 290.0131, by adding subdivisions; 290.0132, subdivision 27, by adding subdivisions; 290.0133, subdivision 6, by adding subdivisions; 290.0134, subdivision 18, by adding a subdivision; 290.06, subdivisions 2c, 2d, 22, by adding subdivisions; 290.0671, subdivisions 1, 1a, 7; 290.0674, subdivision 2a; 290.0681, subdivision 10; 290.0682; 290.0685, subdivision 1, by adding a subdivision; 290.091, subdivision 2; 290.17, by adding subdivisions; 290.21, subdivision 9, by adding a subdivision; 290.31, subdivision 1; 290.92, subdivisions 1, 2a, 3, 4b, 4c, 5, 5a, 19, 20; 290.923, subdivision 9; 290.993; 290A.03, subdivisions 3, 15; 290A.04, subdivisions 2, 2a; 290A.25; 291.005, subdivision 1; 295.75, subdivision 2; 296A.06, subdivision 2; 297A.66, subdivision 3; 297A.67, by adding a subdivision; 297A.70, subdivision 13, by adding a subdivision; 297A.71, subdivision 52, by adding a subdivision; 297A.75, subdivisions 1, 2, 3; 297A.993, subdivision 2; 297E.021, subdivision 4; 297F.01, subdivisions 19, 22b, 23, by adding subdivisions; 297F.031; 297F.04, subdivision 2; 297F.05, by adding a subdivision; 297F.09, subdivisions 3, 4a, 7, 10; 297F.10, subdivision 1; 297F.13, subdivision 4; 297F.17, subdivisions 1, 6; 297G.09, subdivision 9; 297G.16, subdivision 7;


Journal of the House - 49th Day - Thursday, April 29, 2021 - Top of Page 6868

297H.04, subdivision 2; 297H.05; 297I.05, subdivision 7; 297I.20, by adding a subdivision; 298.001, by adding a subdivision; 298.24, subdivision 1; 298.405, subdivision 1; 325F.781, subdivisions 1, 5, 6; 429.021, subdivision 1; 429.031, subdivision 3; 453A.04, subdivision 21, by adding a subdivision; 462A.38; 465.71; 469.176, by adding a subdivision; 469.1763, subdivisions 2, 3, 4; 469.319, subdivision 4; 475.56; 475.58, subdivision 3b; 475.60, subdivision 1; 475.67, subdivision 8; 477A.013, subdivision 13; 477A.03, subdivisions 2a, 2b; 477A.10; 609B.153; Laws 2009, chapter 88, article 2, section 46, subdivision 3, as amended; Laws 2017, First Special Session chapter 1, article 3, section 32, as amended; Laws 2019, First Special Session chapter 6, article 6, sections 25; 27; proposing coding for new law in Minnesota Statutes, chapters 3; 16A; 116U; 289A; 477A; proposing coding for new law as Minnesota Statutes, chapters 299O; 428B; repealing Minnesota Statutes 2020, sections 270C.17, subdivision 2; 290.01, subdivisions 7b, 19i; 290.0131, subdivision 18; 327C.01, subdivision 13; 327C.16; 469.055, subdivision 7.

 

Cal R. Ludeman, Secretary of the Senate

 

 

      Marquart moved that the House refuse to concur in the Senate amendments to H. F. No. 991, 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.

 

 

ANNOUNCEMENT BY THE SPEAKER

 

      The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 991:

 

      Marquart, Youakim, Her, Lislegard and Davids.

 

 

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

 

 

RECESS

 

 

RECONVENED

 

      The House reconvened and was called to order by Speaker pro tempore Moller.

 

 

MESSAGES FROM THE SENATE, Continued

 

 

      The following messages were received from the Senate:

 

 

Madam Speaker:

 

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

 

H. F. No. 820, A bill for an act relating to Open Meeting Law; allowing a member of a public body to attend a meeting from a private location more than three times in calendar year 2021; amending Minnesota Statutes 2020, section 13D.02, subdivision 4.

 

Cal R. Ludeman, Secretary of the Senate


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CONCURRENCE AND REPASSAGE

 

      Koegel moved that the House concur in the Senate amendments to H. F. No. 820 and that the bill be repassed as amended by the Senate.  The motion prevailed.

 

 

H. F. No. 820, A bill for an act relating to Open Meeting Law; providing for recording votes and interactive technology; providing for meetings during certain emergencies; allowing a member of a public body to attend a meeting from a private location more than three times in calendar year 2021; amending Minnesota Statutes 2020, sections 13D.01, subdivisions 4, 5; 13D.015; 13D.02; 13D.021; proposing coding for new law in Minnesota Statutes, chapter 13D.

 

 

      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 127 yeas and 1 nay as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Agbaje

Akland

Albright

Backer

Bahner

Bahr

Baker

Becker-Finn

Bennett

Berg

Bernardy

Bierman

Bliss

Boe

Boldon

Burkel

Carlson

Christensen

Daniels

Daudt

Davids

Davnie

Demuth

Dettmer

Drazkowski

Ecklund

Edelson

Elkins

Erickson

Feist

Fischer

Franke

Franson

Frazier

Frederick

Freiberg

Garofalo

Green

Greenman

Grossell

Gruenhagen

Haley

Hamilton

Hansen, R.

Hanson, J.

Hausman

Heinrich

Heintzeman

Her

Hollins

Hornstein

Howard

Huot

Igo

Johnson

Jordan

Jurgens

Keeler

Kiel

Klevorn

Koegel

Kotyza-Witthuhn

Koznick

Kresha

Lee

Liebling

Lillie

Lippert

Lislegard

Long

Lucero

Lueck

Mariani

Marquart

Masin

Mekeland

Miller

Moller

Moran

Morrison

Mortensen

Mueller

Munson

Murphy

Nash

Nelson, M.

Nelson, N.

Neu Brindley

Noor

Novotny

O'Driscoll

Olson, B.

Olson, L.

O'Neill

Pelowski

Petersburg

Pfarr

Pierson

Pinto

Pryor

Quam

Raleigh

Rasmusson

Reyer

Richardson

Sandell

Sandstede

Schomacker

Schultz

Scott

Stephenson

Sundin

Swedzinski

Theis

Thompson

Torkelson

Urdahl

Vang

Wazlawik

West

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

      Those who voted in the negative were:

 


Robbins


 

 

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

 

 

Madam 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: 


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H. F. No. 1952, A bill for an act relating to operation of state government; appropriating money for the legislature, office of the governor and lieutenant governor, state auditor, attorney general, secretary of state, certain state agencies, boards, commissions, councils, offices, Minnesota State Lottery, Minnesota Humanities Center, certain retirement accounts, and military and veterans affairs; cancelling certain 2021 appropriations; designating the state fire museum; changing provisions for the legislative auditor and Legislative Coordinating Commission; authorizing virtual payments; creating the capitol flag program; modifying provisions for Tribal governments, state budget and forecast, administrative operations, general services revolving fund, grants, motor pool, historic properties and historical societies, taxpayer assistance grants, background checks, lawful gambling, election administration, campaign finance, Office of MN.IT Services, open meeting law, municipal planning, port authority, municipalities, metropolitan government, Duluth entertainment and convention center complex, bids and letting of contracts, and dedication fees; auditing state use of federal funds; creating the Office of Enterprise Sustainability; requiring racial equity impact assessments; requiring sensory accessibility accommodations; establishing the Legislative Commission on Cybersecurity; designating India Day; requiring SEGIP to contract with a pharmacy benefit manager; requiring a strategic plan for state space consolidation and moving; certifying legislative funding needed; requiring a study of L'Orient Avenue property use; prohibiting contracts with certain vendors; requiring the secretary of state to display business addresses on its website; modifying staff reduction provision, electric vehicle charging, police canine officers, and federal funds replacement; making policy and technical changes to various military and veterans affairs provisions including provisions related to the adjutant general, housing, veterans benefits, and veterans services; allowing deferred prosecutions for former and current military members in certain circumstances; classifying data; making changes to the military code; modifying certain requirements and qualifications; making jurisdictional and appellate changes; providing punishable offenses under the military code; providing penalties; amending Minnesota Statutes 2020, sections 3.302, subdivision 3; 3.303, subdivision 1; 3.971, subdivision 2, by adding a subdivision; 3.972, subdivisions 2, 2a; 3.978, subdivision 2; 3.979, subdivision 3; 4A.01, subdivision 3; 4A.02; 5.30, subdivision 2; 5B.06; 8.31, subdivision 1; 10.44; 10.45; 10.578; 10A.01, subdivisions 4, 7, 9, 11, 16a, 17c, 18, 20, 26, 27, 28, 35, by adding a subdivision; 10A.09, subdivisions 1, 2, 5, 6, by adding a subdivision; 10A.12, subdivisions 1, 2; 10A.121, subdivision 2; 10A.13, subdivision 1; 10A.17, subdivision 4; 10A.20, subdivisions 3, 6a, 13, by adding a subdivision; 10A.27, subdivision 13; 10A.275, subdivision 1; 10A.323; 13.607, by adding a subdivision; 13D.01, subdivisions 4, 5; 13D.015; 13D.02; 13D.021; 15.01; 15.057; 16A.06, by adding a subdivision; 16A.103, subdivision 1; 16A.152, subdivision 2; 16B.24, subdivision 1, by adding a subdivision; 16B.2975, by adding a subdivision; 16B.48, subdivision 2; 16B.54, subdivisions 1, 2; 16B.98, by adding a subdivision; 16E.01; 16E.016; 16E.02; 16E.03, subdivisions 1, 2, 3, 6; 16E.036; 16E.04, subdivision 3; 16E.0465, subdivision 2; 16E.05, subdivision 1; 16E.07, subdivision 12; 16E.21, subdivision 2; 43A.046; 43A.23, subdivision 1; 97A.057, subdivision 1; 135A.17, subdivision 2; 138.081, subdivisions 1, 2, 3; 138.31, by adding a subdivision; 138.34; 138.40; 138.665, subdivision 2; 138.666; 138.667; 138.763, subdivision 1; 190.07; 192.67; 192A.02, subdivision 2; 192A.021; 192A.111; 192A.15, subdivisions 1, 2; 192A.155, subdivision 2; 192A.20; 192A.235, subdivision 3; 192A.343, subdivision 3; 192A.353, subdivision 2; 192A.371; 192A.384; 192A.56; 192A.612; 192A.62; 197.791, subdivisions 4, 5, 5a, 5b; 198.006; 198.03, subdivision 2; 201.014, by adding a subdivision; 201.071, subdivisions 1, 2, 3, 8; 201.091, subdivision 2; 201.12, subdivision 2; 201.121, subdivision 3; 201.13, subdivision 3; 201.161; 201.1611, subdivision 1; 201.162; 201.225, subdivision 2; 202A.11, subdivision 2; 202A.16, subdivision 1; 203B.01, subdivision 3, by adding a subdivision; 203B.02, by adding a subdivision; 203B.03, by adding a subdivision; 203B.04, subdivision 1; 203B.081, subdivisions 1, 2, 3; 203B.11, subdivision 1; 203B.12, subdivision 7; 203B.121, subdivisions 2, 3, 4; 203B.16, subdivision 2; 203B.24, subdivision 1; 204B.06, subdivisions 1b, 4a; 204B.09, subdivisions 1, 3; 204B.13, by adding a subdivision; 204B.16, subdivision 1; 204B.19, subdivision 6; 204B.21, subdivision 2; 204B.36, subdivision 2; 204B.44; 204B.45, subdivisions 1, 2; 204B.46; 204C.05, subdivisions 1a, 1b; 204C.10; 204C.15, subdivision 1; 204C.21, subdivision 1; 204C.27; 204C.33, subdivision 3; 204C.35, subdivision 3, by adding a subdivision; 204C.36, subdivision 1; 204D.08, subdivision 4; 204D.13, subdivision 1; 204D.19, subdivision 2; 204D.195; 204D.22, subdivision 3; 204D.23, subdivision 2; 204D.27, subdivision 5; 204D.28, subdivisions 9, 10; 205.13, subdivision 5; 205A.10, subdivision 5; 205A.12, subdivision 5; 206.805, subdivision 1; 206.89, subdivisions 4, 5; 206.90, subdivision 6; 207A.12; 207A.13; 207A.14, subdivision 3; 209.021, subdivision 2; 211B.04, subdivisions 2, 3, by adding a subdivision; 211B.11, subdivision 1; 211B.20, subdivision 1; 211B.32, subdivision 1; 270B.13, by adding a subdivision; 270C.21; 349.151, subdivision 2; 367.03, subdivision 6; 367.25, subdivision 1; 383B.041; 412.02, subdivision 2a;


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447.32, subdivision 4; 462.358, by adding a subdivision; 469.074, by adding a subdivision; 471.342, subdivisions 1, 4; 471.345, subdivision 20; 473.24; 473.606, subdivision 5; 606.06; 609.165, subdivision 1; Laws 1963, chapter 305, sections 2, as amended; 3, as amended; 4, as amended; 5, as amended; 8, as amended; 9, as amended; 10, as amended; Laws 2006, chapter 269, section 2, as amended; Laws 2013, chapter 85, article 5, section 44; Laws 2019, First Special Session chapter 10, article 1, section 40; Laws 2020, chapter 77, section 3, subdivision 6; proposing coding for new law in Minnesota Statutes, chapters 1; 3; 5; 10; 13D; 16A; 16B; 16C; 43A; 192A; 196; 201; 206; 211B; 243; 299C; 471; 609; repealing Minnesota Statutes 2020, sections 3.972, subdivisions 2c, 2d; 3.9741, subdivision 5; 4A.11; 10A.15, subdivision 6; 15.0395; 16A.90; 16E.0466, subdivision 1; 16E.05, subdivision 3; 16E.071; 16E.145; 43A.17, subdivision 9; 116O.03, subdivision 9; 116O.04, subdivision 3; 179.90; 179.91; 192A.385; 299D.03, subdivision 2a; 383B.042; 383B.043; 383B.044; 383B.045; 383B.046; 383B.047; 383B.048; 383B.049; 383B.05; 383B.051; 383B.052; 383B.053; 383B.054; 383B.055; 383B.056; 383B.057.

 

The Senate has appointed as such committee:

 

Senators Kiffmeyer, Lang, Koran, Howe and Carlson.

 

Said House File is herewith returned to the House.

 

Cal R. Ludeman, Secretary of the Senate

 

 

Madam Speaker:

 

      I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:

 

      S. F. Nos. 1160 and 1279.

 

Cal R. Ludeman, Secretary of the Senate

 

 

FIRST READING OF SENATE BILLS

 

 

S. F. No. 1160, A bill for an act relating to health care; modifying coverage for health care services and consultation provided through telehealth; establishing a task force on creating a person-centered telepresence strategy; amending Minnesota Statutes 2020, sections 147.033; 151.37, subdivision 2; 245G.01, subdivisions 13, 26; 245G.06, subdivision 1; 254A.19, subdivision 5; 254B.05, subdivision 5; 256B.0621, subdivision 10; 256B.0622, subdivision 7a; 256B.0625, subdivisions 3b, 13h, 20, 20b, 46, by adding a subdivision; 256B.0924, subdivision 6; 256B.094, subdivision 6; 256B.0943, subdivision 1; 256B.0947, subdivision 6; 256B.0949, subdivision 13; proposing coding for new law in Minnesota Statutes, chapter 62A; repealing Minnesota Statutes 2020, sections 62A.67; 62A.671; 62A.672; 256B.0596; 256B.0924, subdivision 4a.

 

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

 

 

S. F. No. 1279, A bill for an act relating to public safety; providing the same weight threshold and penalty for fentanyl as is for heroin; amending Minnesota Statutes 2020, sections 152.01, subdivision 18, by adding a subdivision; 152.021, subdivisions 1, 2; 152.022, subdivisions 1, 2; 152.023, subdivision 2; 152.025, subdivision 4.

 

The bill was read for the first time and referred to the Committee on Public Safety and Criminal Justice Reform Finance and Policy.


Journal of the House - 49th Day - Thursday, April 29, 2021 - Top of Page 6872

CALENDAR FOR THE DAY

 

 

      S. F. No. 1470 was reported to the House.

 

 

Hausman moved to amend S. F. No. 1470, the unofficial engrossment, as follows:

 

Page 2, line 23, delete "a" and insert "more than one rent increase within a 12-month period."

 

Page 2, delete line 24

 

 

      The motion prevailed and the amendment was adopted.

 

 

Theis moved to amend S. F. No. 1470, the unofficial engrossment, as amended, as follows:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  [12.47] LIMITATION OF POWERS; EVICTION PROCEEDINGS.

 

Notwithstanding any law to the contrary, an order issued under this chapter prohibiting or delaying eviction proceedings under chapter 504B is valid for a period not to exceed 30 days.  The governor must not extend the order beyond 30 days unless the extension is approved by a majority vote of each house of the legislature.  The governor shall not allow the order to expire and issue a new order delaying or prohibiting eviction proceedings under chapter 504B in an effort to avoid obtaining legislative approval for an extension of the order as provided in this section.  An order issued to avoid obtaining legislative approval as required under this section is null and void.

 

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

 

Sec. 2.  EXECUTIVE ORDER 20-79 VOID; EVICTION MORATORIUM ORDERS TEMPORARILY PROHIBITED.

 

(a) Notwithstanding Minnesota Statutes, chapter 12, or any other law to the contrary, Executive Order 20-79 is null and void.

 

(b) Notwithstanding Minnesota Statutes, chapter 12, or any law to the contrary, the governor is prohibited from issuing an order prohibiting or delaying eviction proceedings under Minnesota Statutes, chapter 504B, for 30 days following the enactment of this act.

 

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

 

Sec. 3.  EVICTION MORATORIUM PHASEOUT.

 

(a) Notwithstanding any law to the contrary, the following actions are prohibited:

 

(1) termination or nonrenewal of residential leases, except:


Journal of the House - 49th Day - Thursday, April 29, 2021 - Top of Page 6873

(i) at the request of a tenant or where the termination is due to the tenant seriously endangering the safety of others or significantly damaging property;

 

(ii) for violations under Minnesota Statutes, section 504B.171, subdivision 1;

 

(iii) termination and nonrenewal of residential leases are permitted for material violations of the lease other than nonpayment of rent; and

 

(iv) from and after 30 days after the date of enactment of this act, termination and nonrenewal of leases are permitted for those with outstanding rent, but who are ineligible for rental assistance through the COVID-19 emergency rental assistance program;

 

(2) filing of eviction actions under Minnesota Statutes, section 504B.285 or 504B.291, except:

 

(i) where the tenant seriously endangers the safety of others or significantly damages property;

 

(ii) for violations under Minnesota Statutes, section 504B.171, subdivision 1;

 

(iii) from and after 30 days after the date of enactment of this act, eviction actions are permitted for material violations of the lease other than nonpayment of rent; and

 

(iv) from and after 60 days after the date of enactment of this act, eviction actions are permitted for those with outstanding rent, but who are ineligible for rental assistance through the COVID-19 emergency rental assistance program;

 

(3) termination of a residential rental agreement or filing an eviction action under Minnesota Statutes, section 327C.09, except for terminations or eviction actions under Minnesota Statutes, section 327C.09, subdivision 3, or under Minnesota Statutes, section 327C.09, subdivision 5, if the case is based on the resident endangering the safety of other residents or park personnel; and

 

(4) delivery of default notices by owners of security interests in manufactured homes located in Minnesota pursuant to Minnesota Statutes, section 327.64.  A secured party is also prohibited from commencing an action for a court order to remove an occupant from a manufactured home.

 

(b) Notwithstanding paragraph (a), a landlord may file an eviction action against a tenant:

 

(1) who is eligible for assistance through the COVID-19 emergency rental assistance program; and

 

(2) who refuses to apply for assistance through the program, refuses to provide information needed by the landlord to apply for assistance on the tenant's behalf, or refuses to provide the landlord with proof that the tenant applied for assistance through the program.

 

(c) Within 15 days of the date of enactment of this act, a landlord is encouraged to share the following with all tenants in arrears over 30 days:

 

(1) the total amount due;

 

(2) the availability of any financial assistance programs for which the tenant may be eligible; and


Journal of the House - 49th Day - Thursday, April 29, 2021 - Top of Page 6874

(3) information about documents required by the city, county, state, or other entity to receive financial assistance.

 

(d) Nothing in this section shall:

 

(1) prohibit an action where the tenant or occupant abandons the premises and relief is sought under Minnesota Statutes, section 504B.271 or 504B.365;

 

(2) reduce the rent owed by the tenant to the landlord, prevent the landlord from collecting rent owed, or reduce arrears owed by a tenant for rent; or

 

(3) prohibit a tenant who is ineligible for assistance through the COVID-19 emergency rental assistance program from applying for or obtaining rental assistance through other programs.

 

(e) This section expires 90 days after the date of enactment of this act.

 

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

 

Sec. 4.  EVICTIONS; PENDING APPLICATIONS FOR RENTAL ASSISTANCE.

 

Notwithstanding any law to the contrary, including section 3, the filing of an eviction action based on nonpayment of rent against a tenant with a pending application for assistance through the COVID-19 emergency rental assistance program is prohibited.  This section expires June 1, 2022.

 

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

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Theis amendment and the roll was called.  There were 62 yeas and 70 nays as follows:

 

      Those who voted in the affirmative were:

 


Akland

Albright

Anderson

Backer

Bahr

Baker

Bennett

Bliss

Boe

Burkel

Daniels

Daudt

Davids

Demuth

Dettmer

Drazkowski

Erickson

Franke

Franson

Garofalo

Green

Grossell

Gruenhagen

Haley

Hamilton

Heinrich

Heintzeman

Igo

Johnson

Jurgens

Kiel

Koznick

Kresha

Lucero

Lueck

Mekeland

Miller

Mortensen

Mueller

Munson

Nash

Nelson, N.

Neu Brindley

Novotny

O'Driscoll

Olson, B.

O'Neill

Petersburg

Pfarr

Pierson

Poston

Quam

Raleigh

Rasmusson

Robbins

Schomacker

Scott

Swedzinski

Theis

Torkelson

Urdahl

West


 

      Those who voted in the negative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bernardy

Bierman

Boldon

Carlson

Christensen

Davnie

Ecklund

Edelson

Elkins

Feist

Fischer

Frazier

Frederick


Journal of the House - 49th Day - Thursday, April 29, 2021 - Top of Page 6875

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hausman

Her

Hollins

Hornstein

Howard

Huot

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Lee

Liebling

Lillie

Lippert

Lislegard

Long

Mariani

Marquart

Masin

Moller

Moran

Morrison

Murphy

Nelson, M.

Noor

Olson, L.

Pelowski

Pinto

Pryor

Reyer

Richardson

Sandell

Sandstede

Schultz

Stephenson

Sundin

Thompson

Vang

Wazlawik

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

 

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

 

 

      S. F. No. 1470, A bill for an act relating to emergency powers; nullifying Executive Order 20-79; prohibiting the governor from issuing modifications to landlord and tenant law; providing for a phaseout of the eviction moratorium; prohibiting eviction actions for nonpayment of rent against tenants with pending applications for rental assistance; modifying requirements of 504B; proposing coding for new law in Minnesota Statutes, chapter 12.

 

 

      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 70 yeas and 62 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bernardy

Bierman

Boldon

Carlson

Christensen

Davnie

Ecklund

Edelson

Elkins

Feist

Fischer

Frazier

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hausman

Her

Hollins

Hornstein

Howard

Huot

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Lee

Liebling

Lillie

Lippert

Lislegard

Long

Mariani

Marquart

Masin

Moller

Moran

Morrison

Murphy

Nelson, M.

Noor

Olson, L.

Pelowski

Pinto

Pryor

Reyer

Richardson

Sandell

Sandstede

Schultz

Stephenson

Sundin

Thompson

Vang

Wazlawik

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

      Those who voted in the negative were:

 


Akland

Albright

Anderson

Backer

Bahr

Baker

Bennett

Bliss

Boe

Burkel

Daniels

Daudt

Davids

Demuth

Dettmer

Drazkowski

Erickson

Franke

Franson

Garofalo

Green

Grossell

Gruenhagen

Haley

Hamilton

Heinrich

Heintzeman

Igo

Johnson

Jurgens

Kiel

Koznick

Kresha

Lucero

Lueck

Mekeland

Miller

Mortensen

Mueller

Munson

Nash

Nelson, N.

Neu Brindley

Novotny

O'Driscoll

Olson, B.

O'Neill

Petersburg

Pfarr

Pierson

Poston

Quam

Raleigh

Rasmusson

Robbins

Schomacker

Scott

Swedzinski

Theis

Torkelson

Urdahl

West


 

 

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


Journal of the House - 49th Day - Thursday, April 29, 2021 - Top of Page 6876

           S. F. No. 193 was reported to the House.

 

 

      Morrison moved to amend S. F. No. 193, the first engrossment, as follows:

 

      Delete everything after the enacting clause and insert the following language of H. F. No. 269, the first engrossment:

 

"Section 1.  [148.9051] PSYCHOLOGY INTERJURISDICTIONAL COMPACT (PSYPACT).

 

The psychology interjurisdictional compact is enacted into law and entered into with all other jurisdictions legally joining in it in the form substantially specified in this section.

 

ARTICLE I

PURPOSE

 

Whereas, states license psychologists, in order to protect the public through verification of education, training, and experience and ensure accountability for professional practice;

 

Whereas, this compact is intended to regulate the day to day practice of telepsychology by psychologists across state boundaries in the performance of their psychological practice as assigned by an appropriate authority;

 

Whereas, this compact is intended to regulate the temporary in-person, face-to-face practice of psychology by psychologists across state boundaries for 30 days within a calendar year in the performance of their psychological practice as assigned by an appropriate authority;

 

Whereas, this compact is intended to authorize state psychology regulatory authorities to afford legal recognition, in a manner consistent with the terms of the compact, to psychologists licensed in another state;

 

Whereas, this compact recognizes that states have a vested interest in protecting the public's health and safety through their licensing and regulation of psychologists and that such state regulation will best protect public health and safety;

 

Whereas, this compact does not apply when a psychologist is licensed in both the home and receiving states; and

 

Whereas, this compact does not apply to permanent in-person, face-to-face practice; it does allow for authorization of temporary psychological practice.

 

Consistent with these principles, this compact is designed to achieve the following purposes and objectives:

 

(1) increase public access to professional psychological services by allowing for telepsychological practice across state lines as well as temporary in-person, face-to-face services into a state where the psychologist is not licensed to practice psychology;

 

(2) enhance the states' ability to protect the public's health and safety, especially client and patient safety;

 

(3) encourage the cooperation of compact states in the areas of psychology licensure and regulation;


Journal of the House - 49th Day - Thursday, April 29, 2021 - Top of Page 6877

(4) facilitate the exchange of information between compact states regarding psychologist licensure, adverse actions, and disciplinary history;

 

(5) promote compliance with the laws governing psychological practice in each compact state; and

 

(6) invest all compact states with the authority to hold licensed psychologists accountable through the mutual recognition of compact state licenses.

 

ARTICLE II

DEFINITIONS

 

As used in this compact, the following terms have the meanings given them.

 

A.  "Adverse action" means any action taken by a state psychology regulatory authority which finds a violation of a statute or regulation that is identified by the state psychology regulatory authority as discipline and is a matter of public record.

 

B.  "Association of State and Provincial Psychology Boards" or "ASPPB" means the recognized membership organization composed of state and provincial psychology regulatory authorities responsible for the licensure and registration of psychologists throughout the United States and Canada.

 

C.  "Authority to practice interjurisdictional telepsychology" means a licensed psychologist's authority to practice telepsychology, within the limits authorized under this compact, in another compact state.

 

D.  "Bylaws" means those bylaws established by the Psychology Interjurisdictional Compact Commission pursuant to Article X for its governance or for directing and controlling its actions and conduct.

 

E.  "Client" and "patient" means the recipient of psychological services, including psychological services that are delivered in the context of health care, corporate, supervision, or consulting services.

 

F.  "Commissioner" means the voting representative appointed by each state psychology regulatory authority pursuant to Article X.

 

G.  "Compact state" means a state, the District of Columbia, or a United States territory that has enacted this compact legislation and which has not withdrawn pursuant to Article XIII, section C, or been terminated pursuant to Article XII, section B.

 

H.  "Coordinated Licensure Information System" also referred to as "coordinated database" means an integrated process for collecting, storing, and sharing information on psychologists' licensure and enforcement activities related to psychology licensure laws, which is administered by the recognized membership organization composed of state and provincial psychology regulatory authorities.

 

I.  "Confidentiality" means data or information is not made available or disclosed to unauthorized persons or processes.

 

J.  "Day" means any part of a day in which psychological work is performed.


Journal of the House - 49th Day - Thursday, April 29, 2021 - Top of Page 6878

K.  "Distant state" means the compact state where a psychologist is physically present to provide temporary in‑person and face-to-face psychological services, not through the use of telecommunications technologies.

 

L.  "E.Passport" means a certificate issued by the ASPPB that promotes the standardization in the criteria of interjurisdictional telepsychology practice and facilitates the process for licensed psychologists to provide telepsychological services across state lines.

 

M.  "Executive Board" means a group of directors elected or appointed to act on behalf of and within the powers granted to them by the commission.

 

N.  "Home state" means a compact state where a psychologist is licensed to practice psychology.  If the psychologist is licensed in more than one compact state and is practicing under the authorization to practice interjurisdictional telepsychology, the home state is the compact state where the psychologist is physically present when the telepsychological services are delivered.  If the psychologist is licensed in more than one compact state and is practicing under the temporary authorization to practice, the home state is any compact state where the psychologist is licensed.

 

O.  "Identity history summary" means a summary of information retained by the FBI, or other designee with similar authority, in connection with arrests and, in some instances, federal employment, naturalization, or military service.

 

P.  "In-person, face-to-face" means interactions in which the psychologist and the client or patient are in the same physical space and does not include interactions that may occur through the use of telecommunication technologies.

 

Q.  "Interjurisdictional Practice Certificate" or "IPC" means a certificate issued by ASPPB that grants temporary authority to practice based on notification to the state psychology regulatory authority of the intention to practice temporarily and the verification of the psychologist's qualifications for such practice.

 

R.  "License" means authorization by a state psychology regulatory authority to engage in the independent practice of psychology, which would be unlawful without the authorization.

 

S.  "Noncompact state" means any state which is not at the time a compact state.

 

T.  "Psychologist" means an individual licensed for the independent practice of psychology.

 

U.  "Psychology Interjurisdictional Compact Commission" also referred to as "commission" means the national administration of which all compact states are members.

 

V.  "Receiving state" means a compact state where the client or patient is physically located when the telepsychological services are delivered.

 

W.  "Rule" means a written statement by the Psychology Interjurisdictional Compact Commission that is promulgated pursuant to Article XI and is of general applicability and implements, interprets, or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the commission, and that has the force and effect of a statutory law in a compact state, and that includes the amendment, repeal, or suspension of an existing rule.


Journal of the House - 49th Day - Thursday, April 29, 2021 - Top of Page 6879

X.  "Significant investigatory information" means:

 

(1) investigative information that a state psychology regulatory authority, after a preliminary inquiry that includes notification and an opportunity to respond if required by state law, has reason to believe, if proven true, would indicate more than a violation of state statute or ethics code and that would be considered more substantial than a minor infraction; or

 

(2) investigative information that indicates the psychologist represents an immediate threat to public health and safety regardless of whether the psychologist has been notified and had an opportunity to respond.

 

Y.  "State" means a state, commonwealth, territory, or possession of the United States; or the District of Columbia.

 

Z.  "State psychology regulatory authority" means the board, office, or other agency with the legislative mandate to license and regulate the practice of psychology.

 

AA.  "Telepsychology" means the provision of psychological services using telecommunication technologies.

 

BB.  "Temporary authorization to practice" means a licensed psychologist's authority to conduct temporary in‑person, face-to-face practice, within the limits authorized under this compact, in another compact state.

 

CC.  "Temporary in-person, face-to-face practice" means a psychologist is physically present, and not through the use of telecommunications technologies, in the distant state to provide for the practice of psychology for 30 days within a calendar year and is based on notification to the distant state.

 

ARTICLE III

HOME STATE LICENSURE

 

A.  The home state shall be a compact state where a psychologist is licensed to practice psychology.

 

B.  A psychologist may hold one or more compact state licenses at a time.  If the psychologist is licensed in more than one compact state, the home state is the compact state where the psychologist is physically present when the services are delivered as authorized by the authority to practice interjurisdictional telepsychology under the terms of this compact.

 

C.  Any compact state may require a psychologist not previously licensed in a compact state to obtain and retain a license to be authorized to practice in the compact state under circumstances not authorized by the authority to practice interjurisdictional telepsychology under the terms of this compact.

 

D.  Any compact state may require a psychologist to obtain and retain a license to be authorized to practice in a compact state under circumstances not authorized by temporary authorization to practice under the terms of this compact.

 

E.  A home state's license authorizes a psychologist to practice in a receiving state under the authority to practice interjurisdictional telepsychology only if the compact state:

 

(1) currently requires the psychologist to hold an active E.Passport;

 

(2) has a mechanism in place for receiving and investigating complaints about licensed individuals;


Journal of the House - 49th Day - Thursday, April 29, 2021 - Top of Page 6880

(3) notifies the commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;

 

(4) requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the FBI or other designee with similar authority, no later than ten years after activation of the compact; and

 

(5) complies with the bylaws and rules of the commission.

 

F.  A home state's license grants temporary authorization to practice to a psychologist in a distant state only if the compact state:

 

(1) currently requires the psychologist to hold an active IPC;

 

(2) has a mechanism in place for receiving and investigating complaints about licensed individuals;

 

(3) notifies the commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;

 

(4) requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the FBI or other designee with similar authority, no later than ten years after activation of the compact; and

 

(5) complies with the bylaws and rules of the commission.

 

ARTICLE IV

COMPACT PRIVILEGE TO PRACTICE TELEPSYCHOLOGY

 

A.  Compact states shall recognize the right of a psychologist, licensed in a compact state in conformance with Article III, to practice telepsychology in other compact states (receiving states) in which the psychologist is not licensed, under the authority to practice interjurisdictional telepsychology as provided in the compact.

 

B.  To exercise the authority to practice interjurisdictional telepsychology under the terms and provisions of this compact, a psychologist licensed to practice in a compact state must:

 

(1) hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded:

 

(a) regionally accredited by an accrediting body recognized by the U.S. Department of Education to grant graduate degrees, or authorized by Provincial Statute or Royal Charter to grant doctoral degrees; or

 

(b) a foreign college or university deemed to be equivalent to item (a) by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES) or by a recognized foreign credential evaluation service;

 

(2) hold a graduate degree in psychology that meets the following criteria:

 

(a) the program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program.  Such a program must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists;

 

(b) the psychology program must stand as a recognizable, coherent, organizational entity within the institution;

 

(c) there must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines;


Journal of the House - 49th Day - Thursday, April 29, 2021 - Top of Page 6881

(d) the program must consist of an integrated, organized sequence of study;

 

(e) there must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities;

 

(f) the designated director of the program must be a psychologist and a member of the core faculty;

 

(g) the program must have an identifiable body of students who are matriculated in that program for a degree;

 

(h) the program must include supervised practicum, internship, or field training appropriate to the practice of psychology;

 

(i) the curriculum shall encompass a minimum of three academic years of full-time graduate study for doctoral degrees and a minimum of one academic year of full-time graduate study for a master's degree; and

 

(j) the program includes an acceptable residency as defined by the rules of the commission;

 

(3) possess a current, full, and unrestricted license to practice psychology in a home state which is a compact state;

 

(4) have no history of adverse action that violates the rules of the commission;

 

(5) have no criminal record history reported on an identity history summary that violates the rules of the commission;

 

(6) possess a current, active E.Passport;

 

(7) provide attestations in regard to areas of intended practice, conformity with standards of practice, competence in telepsychology technology; criminal background; and knowledge and adherence to legal requirements in the home and receiving states, and provide a release of information to allow for primary source verification in a manner specified by the commission; and

 

(8) meet other criteria as defined by the rules of the commission.

 

C.  The home state maintains authority over the license of any psychologist practicing into a receiving state under the authority to practice interjurisdictional telepsychology.

 

D.  A psychologist practicing into a receiving state under the authority to practice interjurisdictional telepsychology will be subject to the receiving state's scope of practice.  A receiving state may, in accordance with that state's due process law, limit or revoke a psychologist's authority to practice interjurisdictional telepsychology in the receiving state and may take any other necessary actions under the receiving state's applicable law to protect the health and safety of the receiving state's citizens.  If a receiving state takes action, the state shall promptly notify the home state and the commission.

 

E.  If a psychologist's license in any home state, another compact state, or any authority to practice interjurisdictional telepsychology in any receiving state, is restricted, suspended, or otherwise limited, the E.Passport shall be revoked and therefore the psychologist shall not be eligible to practice telepsychology in a compact state under the authority to practice interjurisdictional telepsychology.


Journal of the House - 49th Day - Thursday, April 29, 2021 - Top of Page 6882

ARTICLE V

COMPACT TEMPORARY AUTHORIZATION

TO PRACTICE

 

A.  Compact states shall also recognize the right of a psychologist, licensed in a compact state in conformance with Article III, to practice temporarily in other compact states or distant states in which the psychologist is not licensed, as provided in the compact.

 

B.  To exercise the temporary authorization to practice under the terms and provisions of this compact, a psychologist licensed to practice in a compact state must:

 

(1) hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded:

 

(a) regionally accredited by an accrediting body recognized by the U.S. Department of Education to grant graduate degrees, or authorized by Provincial Statute or Royal Charter to grant doctoral degrees; or

 

(b) a foreign college or university deemed to be equivalent to item (a) by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES) or by a recognized foreign credential evaluation service;

 

(2) hold a graduate degree in psychology that meets the following criteria:

 

(a) the program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program.  Such a program must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists;

 

(b) the psychology program must stand as a recognizable, coherent, organizational entity within the institution;

 

(c) there must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines;

 

(d) the program must consist of an integrated, organized sequence of study;

 

(e) there must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities;

 

(f) the designated director of the program must be a psychologist and a member of the core faculty;

 

(g) the program must have an identifiable body of students who are matriculated in that program for a degree;

 

(h) the program must include supervised practicum, internship, or field training appropriate to the practice of psychology;

 

(i) the curriculum shall encompass a minimum of three academic years of full-time graduate study for doctoral degrees and a minimum of one academic year of full-time graduate study for a master's degree; and

 

(j) the program includes an acceptable residency as defined by the rules of the commission;

 

(3) possess a current, full, and unrestricted license to practice psychology in a home state which is a compact state;

 

(4) have no history of adverse action that violate the rules of the commission;


Journal of the House - 49th Day - Thursday, April 29, 2021 - Top of Page 6883

(5) have no criminal record history that violates the rules of the commission;

 

(6) possess a current, active IPC;

 

(7) provide attestations in regard to areas of intended practice and work experience and provide a release of information to allow for primary source verification in a manner specified by the commission; and

 

(8) meet other criteria as defined by the rules of the commission.

 

C.  A psychologist practicing into a distant state under the temporary authorization to practice shall practice within the scope of practice authorized by the distant state.

 

D.  A psychologist practicing in a distant state under the temporary authorization to practice will be subject to the distant state's authority and law.  A distant state may, in accordance with that state's due process law, limit or revoke a psychologist's temporary authorization to practice in the distant state and may take any other necessary actions under the distant state's applicable law to protect the health and safety of the distant state's citizens.  If a distant state takes action, the state shall promptly notify the home state and the commission.

 

E.  If a psychologist's license in any home state, another compact state, or any temporary authorization to practice in any distant state, is restricted, suspended, or otherwise limited, the IPC shall be revoked and the psychologist shall not be eligible to practice in a compact state under the temporary authorization to practice.

 

ARTICLE VI

CONDITIONS OF TELEPSYCHOLOGY PRACTICE

IN A RECEIVING STATE

 

A psychologist may practice in a receiving state under the authority to practice interjurisdictional telepsychology only in the performance of the scope of practice for psychology as assigned by an appropriate state psychology regulatory authority, as defined in the rules of the commission, and under the following circumstances:

 

(1) the psychologist initiates a client or patient contact in a home state via telecommunications technologies with a client or patient in a receiving state; and

 

(2) according to other conditions regarding telepsychology as determined by rules promulgated by the commission.

 

ARTICLE VII

ADVERSE ACTIONS

 

A.  A home state shall have the power to impose adverse action against a psychologist's license issued by the home state.  A distant state shall have the power to take adverse action on a psychologist's temporary authorization to practice within that distant state.

 

B.  A receiving state may take adverse action on a psychologist's authority to practice interjurisdictional telepsychology within that receiving state.  A home state may take adverse action against a psychologist based on an adverse action taken by a distant state regarding temporary in-person, face-to-face practice.

 

C.  If a home state takes adverse action against a psychologist's license, that psychologist's authority to practice interjurisdictional telepsychology is terminated and the E.Passport is revoked.  Furthermore, that psychologist's temporary authorization to practice is terminated and the IPC is revoked.


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(1) All home state disciplinary orders which impose adverse action shall be reported to the commission in accordance with the rules promulgated by the commission.  A compact state shall report adverse actions in accordance with the rules of the commission.

 

(2) In the event discipline is reported on a psychologist, the psychologist will not be eligible for telepsychology or temporary in-person, face-to-face practice in accordance with the rules of the commission.

 

(3) Other actions may be imposed as determined by the rules promulgated by the commission.

 

D.  A home state's psychology regulatory authority shall investigate and take appropriate action with respect to reported inappropriate conduct engaged in by a licensee which occurred in a receiving state as it would if such conduct had occurred by a licensee within the home state.  In such cases, the home state's law shall control in determining any adverse action against a psychologist's license.

 

E.  A distant state's psychology regulatory authority shall investigate and take appropriate action with respect to reported inappropriate conduct engaged in by a psychologist practicing under temporary authorization to practice which occurred in that distant state as it would if such conduct had occurred by a licensee within the home state.  In such cases, the distant state's law shall control in determining any adverse action against a psychologist's temporary authorization to practice.

 

F.  Nothing in this compact shall override a compact state's decision that a psychologist's participation in an alternative program may be used in lieu of adverse action and that such participation shall remain nonpublic if required by the compact state's law.  Compact states must require psychologists who enter any alternative programs to not provide telepsychology services under the authority to practice interjurisdictional telepsychology or provide temporary psychological services under the temporary authorization to practice in any other compact state during the term of the alternative program.

 

G.  No other judicial or administrative remedies shall be available to a psychologist in the event a compact state imposes an adverse action pursuant to paragraph C.

 

ARTICLE VIII

ADDITIONAL AUTHORITIES INVESTED IN A COMPACT STATE'S

PSYCHOLOGY REGULATORY AUTHORITY

 

A.  In addition to any other powers granted under state law, a compact state's psychology regulatory authority shall have the authority under this compact to:

 

(1) issue subpoenas, for both hearings and investigations, which require the attendance and testimony of witnesses and the production of evidence.  Subpoenas issued by a compact state's psychology regulatory authority for the attendance and testimony of witnesses, and the production of evidence from another compact state shall be enforced in the latter state by any court of competent jurisdiction, according to that court's practice and procedure in considering subpoenas issued in its own proceedings.  The issuing state psychology regulatory authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses or evidence are located; and

 

(2) issue cease and desist or injunctive relief orders to revoke a psychologist's authority to practice interjurisdictional telepsychology or temporary authorization to practice.

 

B.  During the course of any investigation, a psychologist may not change the psychologist's home state licensure.  A home state psychology regulatory authority is authorized to complete any pending investigations of a psychologist and to take any actions appropriate under its law.  The home state psychology regulatory authority shall promptly report the conclusions of such investigations to the commission.  Once an investigation has been


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completed, and pending the outcome of the investigation, the psychologist may change the psychologist's home state licensure.  The commission shall promptly notify the new home state of any such decisions as provided in the rules of the commission.  All information provided to the commission or distributed by compact states pursuant to the psychologist shall be confidential, filed under seal, and used for investigatory or disciplinary matters.  The commission may create additional rules for mandated or discretionary sharing of information by compact states.

 

ARTICLE IX

COORDINATED LICENSURE

INFORMATION SYSTEM

 

A.  The commission shall provide for the development and maintenance of a coordinated licensure information system, coordinated database, and reporting system containing licensure and disciplinary action information on all psychologists to whom this compact is applicable in all compact states as defined by the rules of the commission.

 

B.  Notwithstanding any other provision of state law to the contrary, a compact state shall submit a uniform data set to the coordinated database on all licensees as required by the rules of the commission, including:

 

(1) identifying information;

 

(2) licensure data;

 

(3) significant investigatory information;

 

(4) adverse actions against a psychologist's license;

 

(5) an indicator that a psychologist's authority to practice interjurisdictional telepsychology and temporary authorization to practice is revoked;

 

(6) nonconfidential information related to alternative program participation information;

 

(7) any denial of application for licensure and the reasons for the denial; and

 

(8) other information which may facilitate the administration of this compact, as determined by the rules of the commission.

 

C.  The coordinated database administrator shall promptly notify all compact states of any adverse action taken against or significant investigative information on any licensee in a compact state.

 

D.  Compact states reporting information to the coordinated database may designate information that may not be shared with the public without the express permission of the compact state reporting the information.

 

E.  Any information submitted to the coordinated database that is subsequently required to be expunged by the law of the compact state reporting the information shall be removed from the coordinated database.

 

ARTICLE X

ESTABLISHMENT OF THE PSYCHOLOGY

INTERJURISDICTIONAL COMPACT COMMISSION

 

A.  The compact states hereby create and establish a joint public agency known as the Psychology Interjurisdictional Compact Commission.

 

(1) The commission is a body politic and an instrumentality of the compact states.


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(2) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located.  The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.

 

(3) Nothing in this compact shall be construed to be a waiver of sovereign immunity.

 

B.  Membership, voting, and meetings:

 

(1) The commission shall consist of one voting representative appointed by each compact state who shall serve as that state's commissioner.  The state psychology regulatory authority shall appoint its delegate.  This delegate shall be empowered to act on behalf of the compact state.  This delegate shall be limited to:

 

(a) executive director, executive secretary, or similar executive;

 

(b) current member of the state psychology regulatory authority of a compact state; or

 

(c) designee empowered with the appropriate delegate authority to act on behalf of the compact state.

 

(2) Any commissioner may be removed or suspended from office as provided by the law of the state from which the commissioner is appointed.  Any vacancy occurring in the commission shall be filled in accordance with the laws of the compact state in which the vacancy exists.

 

(3) Each commissioner shall be entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission.  A commissioner shall vote in person or by other means as provided in the bylaws.  The bylaws may provide for commissioners' participation in meetings by telephone or other means of communication.

 

(4) The commission shall meet at least once during each calendar year.  Additional meetings shall be held as set forth in the bylaws.

 

(5) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Article XI.

 

(6) The commission may convene in a closed, nonpublic meeting if the commission must discuss:

 

(a) non-compliance of a compact state with its obligations under the compact;

 

(b) employment, compensation, discipline, or other personnel matters, practices or procedures related to specific employees, or other matters related to the commission's internal personnel practices and procedures;

 

(c) current, threatened, or reasonably anticipated litigation against the commission;

 

(d) negotiation of contracts for the purchase or sale of goods, services, or real estate;

 

(e) accusation against any person of a crime or formally censuring any person;

 

(f) disclosure of trade secrets or commercial or financial information which is privileged or confidential;

 

(g) disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

 

(h) disclosure of investigatory records compiled for law enforcement purposes;


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(i) disclosure of information related to any investigatory reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility for investigation or determination of compliance issues pursuant to the compact; or

 

(j) matters specifically exempted from disclosure by federal and state statute.

 

(7) If a meeting, or portion of a meeting, is closed pursuant to this provision, the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.  The commission shall keep minutes which fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken by any person participating in the meeting and the reasons therefore, including a description of the views expressed.  All documents considered in connection with an action shall be identified in such minutes.  All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the commission or order of a court of competent jurisdiction.

 

C.  The commission shall, by a majority vote of the commissioners, prescribe bylaws and rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of the compact, including but not limited to:

 

(1) establishing the fiscal year of the commission;

 

(2) providing reasonable standards and procedures:

 

(a) for the establishment and meetings of other committees; and

 

(b) governing any general or specific delegation of any authority or function of the commission;

 

(3) providing reasonable procedures for calling and conducting meetings of the commission, ensuring reasonable advance notice of all meetings and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public's interest, the privacy of individuals of such proceedings, and proprietary information, including trade secrets.  The commission may meet in closed session only after a majority of the commissioners vote to close a meeting to the public in whole or in part.  As soon as practicable, the commission must make public a copy of the vote to close the meeting revealing the vote of each commissioner with no proxy votes allowed;

 

(4) establishing the titles, duties, authority, and reasonable procedures for the election of the officers of the commission;

 

(5) providing reasonable standards and procedures for the establishment of the personnel policies and programs of the commission.  Notwithstanding any civil service or other similar law of any compact state, the bylaws shall exclusively govern the personnel policies and programs of the commission;

 

(6) promulgating a code of ethics to address permissible and prohibited activities of commission members and employees;

 

(7) providing a mechanism for concluding the operations of the commission and the equitable disposition of any surplus funds that may exist after the termination of the compact after the payment and reserving of all of its debts and obligations;

 

(8) the commission shall publish its bylaws in a convenient form and file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the compact states;

 

(9) the commission shall maintain its financial records in accordance with the bylaws; and


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(10) the commission shall meet and take such actions as are consistent with the provisions of this compact and the bylaws.

 

D.  The commission shall have the following powers:

 

(1) the authority to promulgate uniform rules to facilitate and coordinate implementation and administration of this compact.  The rules shall have the force and effect of law and shall be binding in all compact states;

 

(2) to bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state psychology regulatory authority or other regulatory body responsible for psychology licensure to sue or be sued under applicable law shall not be affected;

 

(3) to purchase and maintain insurance and bonds;

 

(4) to borrow, accept, or contract for services of personnel, including but not limited to employees of a compact state;

 

(5) to hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;

 

(6) to accept any and all appropriate donations and grants of money; donations of equipment, supplies, materials, and services; and receive, utilize, and dispose of the same provided that at all times the commission shall strive to avoid any appearance of impropriety or conflict of interest;

 

(7) to lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve, or use any property, real, personal, or mixed; provided that at all times the commission shall strive to avoid any appearance of impropriety;

 

(8) to sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;

 

(9) to establish a budget and make expenditures;

 

(10) to borrow money;

 

(11) to appoint committees, including advisory committees comprised of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws;

 

(12) to provide and receive information from, and to cooperate with, law enforcement agencies;

 

(13) to adopt and use an official seal; and

 

(14) to perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of psychology licensure, temporary in-person, face-to-face practice, and telepsychology practice.

 

E.  The Executive Board:

 

The elected officers shall serve as the Executive Board, which shall have the power to act on behalf of the commission according to the terms of this compact.


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(1) The Executive Board shall be comprised of six members:

 

(a) five voting members who are elected by the commission from the current membership of the commission; and

 

(b) one ex-officio, nonvoting member from the recognized membership organization composed of state and provincial psychology regulatory authorities.

 

(2) The ex-officio member must have served as staff or member on a state psychology regulatory authority and will be selected by its respective organization.

 

(3) The commission may remove any member of the Executive Board as provided in the bylaws.

 

(4) The Executive Board shall meet at least annually.

 

(5) The Executive Board shall have the following duties and responsibilities:

 

(a) recommend to the entire commission changes to the rules or bylaws, changes to this compact legislation, fees paid by compact states such as annual dues, and any other applicable fees;

 

(b) ensure compact administration services are appropriately provided, contractual or otherwise;

 

(c) prepare and recommend the budget;

 

(d) maintain financial records on behalf of the commission;

 

(e) monitor compact compliance of member states and provide compliance reports to the commission;

 

(f) establish additional committees as necessary; and

 

(g) other duties as provided in rules or bylaws.

 

F.  Financing of the commission:

 

(1) The commission shall pay, or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities.

 

(2) The commission may accept any and all appropriate revenue sources including donations and grants of money, and donations of equipment, supplies, materials, and services.

 

(3) The commission may levy on and collect an annual assessment from each compact state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources.  The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the commission which shall promulgate a rule binding upon all compact states.

 

(4) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the commission pledge the credit of any of the compact states, except by and with the authority of the compact state.

 

(5) The commission shall keep accurate accounts of all receipts and disbursements.  The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws.  However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the commission.


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G.  Qualified immunity, defense, and indemnification:

 

(1) The members, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of commission employment, duties, or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit and liability for any damage, loss, injury, or liability caused by the intentional, willful, or wanton misconduct of that person.

 

(2) The commission is subject to liability for any claim against the commission or any member, officer, executive director, employee, or representative of the commission for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional, willful, or wanton misconduct by the person against whom the claim is made.

 

(3) The commission shall defend any member, officer, executive director, employee, or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional, willful, or wanton misconduct.

 

(4) The commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that the actual or alleged act, error, or omission did not result from the intentional, willful, or wanton misconduct of that person.

 

ARTICLE XI

RULEMAKING

 

A.  The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this article and the rules adopted thereunder.  Rules and amendments shall become binding as of the date specified in each rule or amendment.

 

B.  If a majority of the legislatures of the compact states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compact state.

 

C.  Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission.

 

D.  Prior to promulgation and adoption of a final rule or rules by the commission, and at least 60 days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking:

 

(1) on the website of the commission; and

 

(2) on the website of each compact state's psychology regulatory authority or the publication in which each state would otherwise publish proposed rules.


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E.  The notice of proposed rulemaking shall include:

 

(1) the proposed time, date, and location of the meeting in which the rule will be considered and voted upon;

 

(2) the text of the proposed rule or amendment and the reason for the proposed rule;

 

(3) a request for comments on the proposed rule from any interested person; and

 

(4) the manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments.

 

F.  Prior to adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.

 

G.  The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:

 

(1) at least 25 persons who submit comments independently of each other;

 

(2) a governmental subdivision or agency; or

 

(3) a duly appointed person in an association that has at least 25 members.

 

H.  If a hearing is held on the proposed rule or amendment, the commission shall publish the place, time, and date of the scheduled public hearing.

 

(1) All persons wishing to be heard at the hearing shall notify the executive director of the commission or other designated member in writing of their desire to appear and testify at the hearing not less than five business days before the scheduled date of the hearing.

 

(2) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.

 

(3) No transcript of the hearing is required, unless a written request for a transcript is made, in which case the person requesting the transcript shall bear the cost of producing the transcript.  A recording may be made in lieu of a transcript under the same terms and conditions as a transcript.  This subsection shall not preclude the commission from making a transcript or recording of the hearing if it so chooses.

 

(4) Nothing in this section shall be construed as requiring a separate hearing on each rule.  Rules may be grouped for the convenience of the commission at hearings required by this section.

 

I.  Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received.

 

J.  The commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.

 

K.  If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with promulgation of the proposed rule without a public hearing.


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L.  Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule.  For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:

 

(1) meet an imminent threat to public health, safety, or welfare;

 

(2) prevent a loss of commission or compact state funds;

 

(3) meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or

 

(4) protect public health and safety.

 

M.  The commission or an authorized committee of the commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors.  Public notice of any revisions shall be posted on the website of the commission.  The revision shall be subject to challenge by any person for a period of 30 days after posting.  The revision may be challenged only on grounds that the revision results in a material change to a rule.  A challenge shall be made in writing, and delivered to the chair of the commission prior to the end of the notice period.  If no challenge is made, the revision will take effect without further action.  If the revision is challenged, the revision may not take effect without the approval of the commission.

 

ARTICLE XII

OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT

 

A.  Oversight:

 

(1) The executive, legislative, and judicial branches of state government in each compact state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact's purposes and intent.  The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law.

 

(2) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a compact state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the commission.

 

(3) The commission shall be entitled to receive service of process in any such proceeding, and shall have standing to intervene in such a proceeding for all purposes.  Failure to provide service of process to the commission shall render a judgment or order void as to the commission, this compact, or promulgated rules.

 

B.  Default, technical assistance, and termination:

 

(1) If the commission determines that a compact state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the commission shall:

 

(a) provide written notice to the defaulting state and other compact states of the nature of the default, the proposed means of remedying the default, and any other action to be taken by the commission; and

 

(b) provide remedial training and specific technical assistance regarding the default.

 

(2) If a state in default fails to remedy the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the compact states, and all rights, privileges, and benefits conferred by this compact shall be terminated on the effective date of termination.  A remedy of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.


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(3) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted.  Notice of intent to suspend or terminate shall be submitted by the commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the compact states.

 

(4) A compact state which has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations which extend beyond the effective date of termination.

 

(5) The commission shall not bear any costs incurred by the state which is found to be in default or which has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state.

 

(6) The defaulting state may appeal the action of the commission by petitioning the United States District Court for the state of Georgia or the federal district where the compact has its principal offices.  The prevailing member shall be awarded all costs of such litigation, including reasonable attorney fees.

 

C.  Dispute resolution:

 

(1) Upon request by a compact state, the commission shall attempt to resolve disputes related to the compact which arise among compact states and between compact and noncompact states.

 

(2) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes that arise before the commission.

 

D.  Enforcement:

 

(1) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.

 

(2) By majority vote, the commission may initiate legal action in the United States District Court for the state of Georgia or the federal district where the compact has its principal offices against a compact state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws.  The relief sought may include both injunctive relief and damages.  In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney fees.

 

(3) The remedies herein shall not be the exclusive remedies of the commission.  The commission may pursue any other remedies available under federal or state law.

 

ARTICLE XIII

DATE OF IMPLEMENTATION OF THE PSYCHOLOGY INTERJURISDICTIONAL COMPACT COMMISSION AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENTS

 

A.  The compact shall come into effect on the date on which the compact is enacted into law in the seventh compact state.  The provisions which become effective at that time shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules.  Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.

 

B.  Any state which joins the compact subsequent to the commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state.  Any rule which has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.

 

C.  Any compact state may withdraw from this compact by enacting a statute repealing the same.


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(1) A compact state's withdrawal shall not take effect until six months after enactment of the repealing statute.

 

(2) Withdrawal shall not affect the continuing requirement of the withdrawing state's psychology regulatory authority to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.

 

D.  Nothing contained in this compact shall be construed to invalidate or prevent any psychology licensure agreement or other cooperative arrangement between a compact state and a noncompact state which does not conflict with the provisions of this compact.

 

E.  This compact may be amended by the compact states.  No amendment to this compact shall become effective and binding upon any compact state until it is enacted into the law of all compact states.

 

ARTICLE XIV

CONSTRUCTION AND SEVERABILITY

 

This compact shall be liberally construed so as to effectuate the purposes thereof.  If this compact shall be held contrary to the constitution of any state member thereto, the compact shall remain in full force and effect as to the remaining compact states.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.  The Board of Psychology must publish the effective date of the compact in the State Register and on the board's website."

 

 

      The motion prevailed and the amendment was adopted.

 

 

      Speaker pro tempore Moller called Carlson to the Chair.

 

 

      S. F. No. 193, A bill for an act relating to health occupations; creating a psychology interjurisdictional compact; proposing coding for new law in Minnesota Statutes, chapter 148.

 

 

      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 132 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Agbaje

Akland

Albright

Anderson

Backer

Bahner

Bahr

Baker

Becker-Finn

Bennett

Berg

Bernardy

Bierman

Bliss

Boe

Boldon

Burkel

Carlson

Christensen

Daniels

Daudt

Davids

Davnie

Demuth

Dettmer

Drazkowski

Ecklund

Edelson

Elkins

Erickson

Feist

Fischer

Franke

Franson

Frazier

Frederick

Freiberg

Garofalo

Gomez

Green

Greenman

Grossell

Gruenhagen

Haley

Hamilton

Hansen, R.

Hanson, J.

Hassan

Hausman

Heinrich

Heintzeman

Her

Hollins


Journal of the House - 49th Day - Thursday, April 29, 2021 - Top of Page 6895

Hornstein

Howard

Huot

Igo

Johnson

Jordan

Jurgens

Keeler

Kiel

Klevorn

Koegel

Kotyza-Witthuhn

Koznick

Kresha

Lee

Liebling

Lillie

Lippert

Lislegard

Long

Lucero

Lueck

Mariani

Marquart

Masin

Mekeland

Miller

Moller

Moran

Morrison

Mortensen

Mueller

Munson

Murphy

Nash

Nelson, M.

Nelson, N.

Neu Brindley

Noor

Novotny

O'Driscoll

Olson, B.

Olson, L.

O'Neill

Pelowski

Petersburg

Pfarr

Pierson

Pinto

Poston

Pryor

Quam

Raleigh

Rasmusson

Reyer

Richardson

Robbins

Sandell

Sandstede

Schomacker

Schultz

Scott

Stephenson

Sundin

Swedzinski

Theis

Thompson

Torkelson

Urdahl

Vang

Wazlawik

West

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

 

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

 

 

      S. F. No. 151, A bill for an act relating to the State Lottery; providing for second chance drawings; classifying certain lottery prize winner data; amending Minnesota Statutes 2020, sections 349A.01, by adding a subdivision; 349A.08, subdivision 9.

 

 

      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 131 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Agbaje

Akland

Albright

Anderson

Backer

Bahner

Bahr

Baker

Becker-Finn

Bennett

Berg

Bernardy

Bierman

Bliss

Boe

Boldon

Burkel

Carlson

Christensen

Daniels

Daudt

Davids

Davnie

Demuth

Dettmer

Drazkowski

Ecklund

Edelson

Elkins

Erickson

Feist

Fischer

Franke

Franson

Frazier

Frederick

Freiberg

Garofalo

Gomez

Green

Greenman

Grossell

Gruenhagen

Haley

Hamilton

Hansen, R.

Hanson, J.

Hausman

Heinrich

Heintzeman

Her

Hollins

Hornstein

Howard

Huot

Igo

Johnson

Jordan

Jurgens

Keeler

Kiel

Klevorn

Koegel

Kotyza-Witthuhn

Koznick

Kresha

Lee

Liebling

Lillie

Lippert

Lislegard

Long

Lucero

Lueck

Mariani

Marquart

Masin

Mekeland

Miller

Moller

Moran

Morrison

Mortensen

Mueller

Munson

Murphy

Nash

Nelson, M.

Nelson, N.

Neu Brindley

Noor

Novotny

O'Driscoll

Olson, B.

Olson, L.

O'Neill

Pelowski

Petersburg

Pfarr

Pierson

Pinto

Poston

Pryor

Quam

Raleigh

Rasmusson

Reyer

Richardson

Robbins

Sandell

Sandstede

Schomacker

Schultz

Scott

Stephenson

Sundin

Swedzinski

Theis

Thompson

Torkelson

Urdahl

Vang

Wazlawik

West

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

 

      The bill was passed and its title agreed to.


Journal of the House - 49th Day - Thursday, April 29, 2021 - Top of Page 6896

           S. F. No. 1020, A bill for an act relating to commerce; modifying requirements for real estate appraiser continuing education; amending Minnesota Statutes 2020, sections 45.305, subdivision 1, by adding a subdivision; 45.306, by adding a subdivision; 45.33, subdivision 1, by adding a subdivision; 82B.021, by adding subdivisions; 82B.03, by adding a subdivision; 82B.195, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 82B; repealing Minnesota Statutes 2020, section 45.306, subdivision 1.

 

 

      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 126 yeas and 5 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Agbaje

Akland

Albright

Anderson

Backer

Bahner

Baker

Becker-Finn

Bennett

Berg

Bernardy

Bierman

Bliss

Boldon

Burkel

Carlson

Christensen

Daniels

Daudt

Davids

Davnie

Demuth

Dettmer

Ecklund

Edelson

Elkins

Erickson

Feist

Fischer

Franke

Franson

Frazier

Frederick

Freiberg

Gomez

Green

Greenman

Grossell

Gruenhagen

Haley

Hamilton

Hansen, R.

Hanson, J.

Hassan

Hausman

Heinrich

Heintzeman

Her

Hollins

Hornstein

Howard

Huot

Igo

Johnson

Jordan

Jurgens

Keeler

Kiel

Klevorn

Koegel

Kotyza-Witthuhn

Koznick

Kresha

Lee

Liebling

Lillie

Lippert

Lislegard

Long

Lucero

Lueck

Mariani

Marquart

Masin

Mekeland

Miller

Moller

Moran

Morrison

Mueller

Murphy

Nash

Nelson, M.

Nelson, N.

Neu Brindley

Noor

Novotny

O'Driscoll

Olson, B.

Olson, L.

O'Neill

Pelowski

Petersburg

Pfarr

Pierson

Pinto

Poston

Pryor

Quam

Raleigh

Rasmusson

Reyer

Richardson

Robbins

Sandell

Sandstede

Schomacker

Schultz

Scott

Stephenson

Sundin

Swedzinski

Theis

Thompson

Torkelson

Urdahl

Vang

Wazlawik

West

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

      Those who voted in the negative were:

 


Bahr

Drazkowski

Garofalo

Mortensen

Munson


 

 

      The bill was passed and its title agreed to.

 

 

      H. F. No. 1947, A bill for an act relating to local government; modifying enacting language of Duluth Entertainment and Convention Center; amending Laws 1963, chapter 305, sections 2, as amended; 3, as amended; 4, as amended; 5, as amended; 8, as amended; 9, as amended; 10, as amended.

 

 

      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 108 yeas and 24 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Agbaje

Akland

Albright

Anderson

Bahner

Baker

Becker-Finn

Bennett

Berg

Bernardy

Bierman

Bliss

Boe

Boldon

Carlson

Christensen

Daniels


Journal of the House - 49th Day - Thursday, April 29, 2021 - Top of Page 6897

Daudt

Davids

Davnie

Demuth

Dettmer

Ecklund

Edelson

Elkins

Feist

Fischer

Franke

Frazier

Frederick

Freiberg

Gomez

Greenman

Gruenhagen

Haley

Hansen, R.

Hanson, J.

Hassan

Hausman

Her

Hollins

Hornstein

Howard

Huot

Igo

Johnson

Jordan

Jurgens

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Koznick

Kresha

Lee

Liebling

Lillie

Lippert

Lislegard

Long

Lueck

Mariani

Marquart

Masin

Moller

Moran

Morrison

Murphy

Nash

Nelson, M.

Nelson, N.

Noor

Novotny

O'Driscoll

Olson, L.

O'Neill

Pelowski

Petersburg

Pierson

Pinto

Poston

Pryor

Raleigh

Rasmusson

Reyer

Richardson

Robbins

Sandell

Sandstede

Schomacker

Schultz

Stephenson

Sundin

Swedzinski

Theis

Thompson

Torkelson

Urdahl

Vang

Wazlawik

West

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

      Those who voted in the negative were:

 


Backer

Bahr

Burkel

Drazkowski

Erickson

Franson

Garofalo

Green

Grossell

Hamilton

Heinrich

Heintzeman

Kiel

Lucero

Mekeland

Miller

Mortensen

Mueller

Munson

Neu Brindley

Olson, B.

Pfarr

Quam

Scott


 

 

      The bill was passed and its title agreed to.

 

 

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

 

 

MESSAGES FROM THE SENATE

 

 

      The following messages were received from the Senate:

 

 

Madam 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. 991, A bill for an act relating to financing and operation of state and local government; providing conformity and nonconformity to certain federal tax law changes; modifying individual income and corporate franchise taxes, sales and use taxes, partnership taxes, special and excise taxes, property taxes, local government aids, provisions related to local taxes, tax increment financing, public finance, and other miscellaneous taxes and tax provisions; providing for various individual and corporate additions and subtractions to income; modifying certain income tax credits and authorizing new credits; providing for a pass-through entity tax; modifying definitions for resident trusts; modifying existing and providing new sales tax exemptions; modifying vapor and tobacco tax provisions; modifying and providing certain property tax exemptions; modifying property classification provisions; allowing for certain special assessments; modifying local government aid appropriations; modifying existing local taxes and authorizing new local taxes; modifying property tax homeowners' and renters' refunds; authorizing and modifying certain tax increment financing provisions; providing for a tax expenditure review commission and the required expiration of tax expenditures; making appointments; requiring reports; appropriating money; amending Minnesota Statutes 2020, sections 3.192; 3.8853, subdivision 2; 16A.152, subdivision 2; 41B.0391, subdivisions 2, 4;


Journal of the House - 49th Day - Thursday, April 29, 2021 - Top of Page 6898

116J.8737, subdivisions 5, 12; 270.41, subdivision 3a; 270.44; 270A.03, subdivision 2; 270B.12, subdivisions 8, 9; 270B.14, by adding a subdivision; 270C.11, subdivisions 2, 4, 6; 270C.13, subdivision 1; 270C.22, subdivision 1; 270C.445, subdivisions 3, 6; 272.02, by adding a subdivision; 272.029, subdivision 2; 272.0295, subdivisions 2, 5; 272.115, subdivision 1; 273.063; 273.0755; 273.124, subdivisions 1, 3a, 6, 9, 13, 13a, 13c, 13d, 14; 273.1245, subdivision 1; 273.13, subdivisions 23, 25, 34; 273.1315, subdivision 2; 273.18; 275.025, subdivisions 1, 2; 275.065, subdivisions 1, 3, by adding subdivisions; 275.066; 287.04; 289A.02, subdivision 7; 289A.08, subdivisions 7, 11, by adding subdivisions; 289A.09, subdivision 2; 289A.20, subdivision 4; 289A.31, subdivision 1; 289A.37, subdivision 2; 289A.38, subdivisions 7, 8, 9, 10; 289A.42; 289A.60, subdivisions 15, 24; 290.01, subdivisions 19, 31, by adding a subdivision; 290.0121, subdivision 3; 290.0122, subdivisions 4, 8; 290.0131, by adding subdivisions; 290.0132, subdivision 27, by adding subdivisions; 290.0133, subdivision 6, by adding subdivisions; 290.0134, subdivision 18, by adding a subdivision; 290.06, subdivisions 2c, 2d, 22, by adding subdivisions; 290.0671, subdivisions 1, 1a, 7; 290.0674, subdivision 2a; 290.0681, subdivision 10; 290.0682; 290.0685, subdivision 1, by adding a subdivision; 290.091, subdivision 2; 290.17, by adding subdivisions; 290.21, subdivision 9, by adding a subdivision; 290.31, subdivision 1; 290.92, subdivisions 1, 2a, 3, 4b, 4c, 5, 5a, 19, 20; 290.923, subdivision 9; 290.993; 290A.03, subdivisions 3, 15; 290A.04, subdivisions 2, 2a; 290A.25; 291.005, subdivision 1; 295.75, subdivision 2; 296A.06, subdivision 2; 297A.66, subdivision 3; 297A.67, by adding a subdivision; 297A.70, subdivision 13, by adding a subdivision; 297A.71, subdivision 52, by adding a subdivision; 297A.75, subdivisions 1, 2, 3; 297A.993, subdivision 2; 297E.021, subdivision 4; 297F.01, subdivisions 19, 22b, 23, by adding subdivisions; 297F.031; 297F.04, subdivision 2; 297F.05, by adding a subdivision; 297F.09, subdivisions 3, 4a, 7, 10; 297F.10, subdivision 1; 297F.13, subdivision 4; 297F.17, subdivisions 1, 6; 297G.09, subdivision 9; 297G.16, subdivision 7; 297H.04, subdivision 2; 297H.05; 297I.05, subdivision 7; 297I.20, by adding a subdivision; 298.001, by adding a subdivision; 298.24, subdivision 1; 298.405, subdivision 1; 325F.781, subdivisions 1, 5, 6; 429.021, subdivision 1; 429.031, subdivision 3; 453A.04, subdivision 21, by adding a subdivision; 462A.38; 465.71; 469.176, by adding a subdivision; 469.1763, subdivisions 2, 3, 4; 469.319, subdivision 4; 475.56; 475.58, subdivision 3b; 475.60, subdivision 1; 475.67, subdivision 8; 477A.013, subdivision 13; 477A.03, subdivisions 2a, 2b; 477A.10; 609B.153; Laws 2009, chapter 88, article 2, section 46, subdivision 3, as amended; Laws 2017, First Special Session chapter 1, article 3, section 32, as amended; Laws 2019, First Special Session chapter 6, article 6, sections 25; 27; proposing coding for new law in Minnesota Statutes, chapters 3; 16A; 116U; 289A; 477A; proposing coding for new law as Minnesota Statutes, chapters 299O; 428B; repealing Minnesota Statutes 2020, sections 270C.17, subdivision 2; 290.01, subdivisions 7b, 19i; 290.0131, subdivision 18; 327C.01, subdivision 13; 327C.16; 469.055, subdivision 7.

 

The Senate has appointed as such committee:

 

Senators Nelson, Weber, Miller, Bakk and Rest. 

 

Said House File is herewith returned to the House.

 

Cal R. Ludeman, Secretary of the Senate

 

 

Madam Speaker:

 

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

 

H. F. No. 2128, A bill for an act relating to state government; modifying provisions governing health, health care, human services, human services licensing and background studies, health-related licensing boards, prescription drugs, health insurance, telehealth, children and family services, behavioral health, direct care and treatment, disability services and continuing care for older adults, community supports, and chemical and mental health services; establishing a budget for health and human services; making forecast adjustments; making technical and conforming changes; requiring reports; transferring money; appropriating money; amending Minnesota Statutes


Journal of the House - 49th Day - Thursday, April 29, 2021 - Top of Page 6899

2020, sections 16A.151, subdivision 2; 62A.04, subdivision 2; 62A.10, by adding a subdivision; 62A.15, subdivision 4, by adding a subdivision; 62A.152, subdivision 3; 62A.3094, subdivision 1; 62A.65, subdivision 1, by adding a subdivision; 62C.01, by adding a subdivision; 62D.01, by adding a subdivision; 62D.095, subdivisions 2, 3, 4, 5; 62J.495, subdivisions 1, 2, 3, 4; 62J.497, subdivisions 1, 3; 62J.498; 62J.4981; 62J.4982; 62J.63, subdivisions 1, 2; 62Q.01, subdivision 2a; 62Q.02; 62Q.096; 62Q.46; 62Q.677, by adding a subdivision; 62Q.81; 62U.04, subdivisions 4, 5, 11; 62V.05, by adding a subdivision; 62W.11; 103H.201, subdivision 1; 119B.011, subdivision 15; 119B.025, subdivision 4; 119B.03, subdivisions 4, 6; 119B.09, subdivision 4; 119B.11, subdivision 2a; 119B.125, subdivision 1; 119B.13, subdivisions 1, 1a, 6, 7; 119B.25, subdivision 3; 122A.18, subdivision 8; 136A.128, subdivisions 2, 4; 144.0724, subdivisions 1, 2, 3a, 4, 5, 7, 8, 9, 12; 144.1205, subdivisions 2, 4, 8, 9, by adding a subdivision; 144.125, subdivision 1; 144.1481, subdivision 1; 144.1501, subdivisions 1, 2, 3; 144.1911, subdivision 6; 144.212, by adding a subdivision; 144.225, subdivisions 2, 7; 144.226, by adding subdivisions; 144.55, subdivisions 4, 6; 144.551, subdivision 1, by adding a subdivision; 144.555; 144.651, subdivision 2; 144.9501, subdivision 17; 144.9502, subdivision 3; 144.9504, subdivisions 2, 5; 144D.01, subdivision 4; 144G.08, subdivision 7, as amended; 144G.54, subdivision 3; 144G.84; 145.893, subdivision 1; 145.894; 145.897; 145.899; 145.901, subdivisions 2, 4; 147.033; 148.90, subdivision 2; 148.911; 148B.30, subdivision 1; 148B.31; 148B.51; 148B.5301, subdivision 2; 148B.54, subdivision 2; 148E.010, by adding a subdivision; 148E.120, subdivision 2; 148E.130, subdivision 1, by adding a subdivision; 148F.11, subdivision 1; 151.01, by adding subdivisions; 151.071, subdivisions 1, 2; 151.37, subdivision 2; 151.555, subdivisions 1, 7, 11, by adding a subdivision; 152.01, subdivision 23; 152.02, subdivisions 2, 3; 152.11, subdivision 1a, by adding a subdivision; 152.12, by adding a subdivision; 152.125, subdivision 3; 152.22, subdivisions 6, 11, by adding subdivisions; 152.23; 152.25, by adding a subdivision; 152.26; 152.27, subdivisions 3, 4, 6; 152.28, subdivision 1; 152.29, subdivisions 1, 3, by adding subdivisions; 152.31; 152.32, subdivision 3; 156.12, subdivision 2; 171.07, by adding a subdivision; 174.30, subdivision 3; 245.462, subdivisions 1, 6, 8, 9, 14, 16, 17, 18, 21, 23, by adding a subdivision; 245.4661, subdivision 5; 245.4662, subdivision 1; 245.467, subdivisions 2, 3; 245.469, subdivisions 1, 2; 245.470, subdivision 1; 245.4712, subdivision 2; 245.472, subdivision 2; 245.4863; 245.4871, subdivisions 9a, 10, 11a, 17, 21, 26, 27, 29, 31, 32, 34, by adding a subdivision; 245.4876, subdivisions 2, 3; 245.4879, subdivision 1; 245.488, subdivision 1; 245.4882, subdivisions 1, 3; 245.4885, subdivision 1; 245.4889, subdivision 1; 245.4901, subdivision 2; 245.62, subdivision 2; 245.735, subdivisions 3, 5, by adding a subdivision; 245A.02, by adding subdivisions; 245A.03, subdivision 7; 245A.04, subdivision 5; 245A.041, by adding a subdivision; 245A.043, subdivision 3; 245A.05; 245A.07, subdivision 1; 245A.10, subdivision 4; 245A.14, subdivision 4; 245A.16, by adding a subdivision; 245A.50, subdivisions 7, 9; 245A.65, subdivision 2; 245C.02, subdivisions 4a, 5, by adding subdivisions; 245C.03; 245C.05, subdivisions 1, 2, 2a, 2b, 2c, 2d, 4; 245C.08, subdivision 3, by adding a subdivision; 245C.10, subdivision 15, by adding subdivisions; 245C.13, subdivision 2; 245C.14, subdivision 1, by adding a subdivision; 245C.15, by adding a subdivision; 245C.16, subdivisions 1, 2; 245C.17, subdivision 1, by adding a subdivision; 245C.18; 245C.24, subdivisions 2, 3, 4, by adding a subdivision; 245C.32, subdivision 1a; 245D.02, subdivision 20; 245F.04, subdivision 2; 245G.01, subdivisions 13, 26; 245G.03, subdivision 2; 245G.06, subdivision 1; 246.54, subdivision 1b; 254A.19, subdivision 5; 254B.01, subdivision 4a, by adding a subdivision; 254B.05, subdivision 5; 254B.12, by adding a subdivision; 256.01, subdivisions 14b, 28; 256.0112, subdivision 6; 256.041; 256.042, subdivisions 2, 4; 256.043, subdivision 3; 256.969, subdivisions 2b, 9, by adding a subdivision; 256.9695, subdivision 1; 256.9741, subdivision 1; 256.98, subdivision 1; 256.983; 256B.04, subdivisions 12, 14; 256B.055, subdivision 6; 256B.056, subdivision 10; 256B.057, subdivision 3; 256B.06, subdivision 4; 256B.0615, subdivisions 1, 5; 256B.0616, subdivisions 1, 3, 5; 256B.0621, subdivision 10; 256B.0622, subdivisions 1, 2, 3a, 4, 7, 7a, 7b, 7d; 256B.0623, subdivisions 1, 2, 3, 4, 5, 6, 9, 12; 256B.0624; 256B.0625, subdivisions 3b, 3c, 3d, 3e, 5, 5m, 9, 10, 13, 13c, 13d, 13e, 13h, 17, 17b, 18, 18b, 19c, 20, 20b, 28a, 30, 31, 42, 46, 48, 49, 52, 56a, 58, by adding subdivisions; 256B.0631, subdivision 1; 256B.0638, subdivisions 3, 5, 6; 256B.0659, subdivisions 13, 21, 24, by adding subdivisions; 256B.0757, subdivision 4c; 256B.0759, subdivisions 2, 4, by adding subdivisions; 256B.0911, subdivisions 1a, 3a, 3f, 4d; 256B.092, subdivisions 4, 5, 12; 256B.0924, subdivision 6; 256B.094, subdivision 6; 256B.0941, subdivision 1; 256B.0943, subdivisions 1, 2, 3, 4, 5, 5a, 6, 7, 9, 11; 256B.0946, subdivisions 1, 1a, 2, 3, 4, 6; 256B.0947, subdivisions 1, 2, 3, 3a, 5, 6, 7; 256B.0949, subdivisions 2, 4, 5a, by adding a subdivision; 256B.097, by adding subdivisions; 256B.196, subdivision 2; 256B.25, subdivision 3; 256B.439, by adding subdivisions; 256B.49,


Journal of the House - 49th Day - Thursday, April 29, 2021 - Top of Page 6900

subdivisions 11, 11a, 14, 17, by adding a subdivision; 256B.4914, subdivisions 5, 6, 7, 8, 9, by adding a subdivision; 256B.69, subdivisions 5a, 6, 6d, by adding subdivisions; 256B.6928, subdivision 5; 256B.75; 256B.76, subdivisions 2, 4; 256B.761; 256B.763; 256B.79, subdivisions 1, 3; 256B.85, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 11b, 12, 12b, 13, 13a, 15, 17a, 18a, 20b, 23, 23a, by adding subdivisions; 256D.03, by adding a subdivision; 256D.051, by adding subdivisions; 256D.0515; 256D.0516, subdivision 2; 256E.34, subdivision 1; 256I.03, subdivision 13; 256I.04, subdivision 3; 256I.05, subdivisions 1a, 1c, 11; 256I.06, subdivisions 6, 8; 256J.08, subdivisions 15, 71, 79; 256J.09, subdivision 3; 256J.10; 256J.21, subdivisions 3, 4, 5; 256J.24, subdivision 5; 256J.30, subdivision 8; 256J.33, subdivisions 1, 2, 4; 256J.37, subdivisions 1, 1b, 3, 3a; 256J.45, subdivision 1; 256J.626, subdivision 1; 256J.95, subdivision 9; 256L.01, subdivision 5; 256L.03, subdivision 5; 256L.04, subdivision 7b; 256L.05, subdivision 3a; 256L.07, subdivision 2; 256L.11, subdivisions 6a, 7; 256L.15, subdivision 2; 256N.25, subdivisions 2, 3; 256N.26, subdivisions 11, 13; 256P.01, subdivisions 3, 6a, by adding a subdivision; 256P.04, subdivisions 4, 8; 256P.06, subdivisions 2, 3; 256P.07; 256S.05, subdivision 2; 256S.18, subdivision 7; 256S.20, subdivision 1; 257.0755, subdivision 1; 257.076, subdivisions 3, 5; 257.0768, subdivisions 1, 6; 257.0769; 260.761, subdivision 2; 260C.007, subdivisions 6, 14, 26c, 31; 260C.157, subdivision 3; 260C.212, subdivisions 1a, 13; 260C.215, subdivision 4; 260C.4412; 260C.452; 260C.704; 260C.706; 260C.708; 260C.71; 260C.712; 260C.714; 260D.01; 260D.05; 260D.06, subdivision 2; 260D.07; 260D.08; 260D.14; 260E.01; 260E.02, subdivision 1; 260E.03, subdivision 22, by adding subdivisions; 260E.06, subdivision 1; 260E.14, subdivisions 2, 5; 260E.17, subdivision 1; 260E.18; 260E.20, subdivision 2; 260E.24, subdivisions 2, 7; 260E.31, subdivision 1; 260E.33, subdivision 1, by adding a subdivision; 260E.35, subdivision 6; 260E.36, by adding a subdivision; 295.50, subdivision 9b; 295.53, subdivision 1; 325F.721, subdivision 1; 326.71, subdivision 4; 326.75, subdivisions 1, 2, 3; Laws 2019, First Special Session chapter 9, article 14, section 3, as amended; Laws 2020, First Special Session chapter 7, section 1, subdivision 2, as amended; Laws 2020, Seventh Special Session chapter 1, article 6, section 12, subdivision 4; proposing coding for new law in Minnesota Statutes, chapters 3; 62A; 62J; 62Q; 62W; 119B; 144; 145; 151; 245; 245A; 245C; 254B; 256; 256B; 256P; 256S; proposing coding for new law as Minnesota Statutes, chapter 245I; repealing Minnesota Statutes 2020, sections 16A.724, subdivision 2; 62A.67; 62A.671; 62A.672; 62J.63, subdivision 3; 119B.125, subdivision 5; 144.0721, subdivision 1; 144.0722; 144.0724, subdivision 10; 144.693; 245.462, subdivision 4a; 245.4871, subdivision 32a; 245.4879, subdivision 2; 245.62, subdivisions 3, 4; 245.69, subdivision 2; 245.735, subdivisions 1, 2, 4; 245C.10, subdivisions 2, 2a, 3, 4, 5, 6, 7, 8, 9, 9a, 10, 11, 12, 13, 14, 16; 256B.0596; 256B.0615, subdivision 2; 256B.0616, subdivision 2; 256B.0622, subdivisions 3, 5a; 256B.0623, subdivisions 7, 8, 10, 11; 256B.0625, subdivisions 5l, 18c, 18d, 18e, 18h, 35a, 35b, 61, 62, 65; 256B.0916, subdivisions 2, 3, 4, 5, 8, 11, 12; 256B.0924, subdivision 4a; 256B.0943, subdivisions 8, 10; 256B.0944; 256B.0946, subdivision 5; 256B.097, subdivisions 1, 2, 3, 4, 5, 6; 256B.49, subdivisions 26, 27; 256D.051, subdivisions 1, 1a, 2, 2a, 3, 3a, 3b, 6b, 6c, 7, 8, 9, 18; 256D.052, subdivision 3; 256J.08, subdivisions 10, 53, 61, 62, 81, 83; 256J.21, subdivisions 1, 2; 256J.30, subdivisions 5, 7, 8; 256J.33, subdivisions 3, 4, 5; 256J.34, subdivisions 1, 2, 3, 4; 256J.37, subdivision 10; 256S.20, subdivision 2; Minnesota Rules, parts 9505.0275; 9505.0370; 9505.0371; 9505.0372; 9505.1693; 9505.1696, subparts 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22; 9505.1699; 9505.1701; 9505.1703; 9505.1706; 9505.1712; 9505.1715; 9505.1718; 9505.1724; 9505.1727; 9505.1730; 9505.1733; 9505.1736; 9505.1739; 9505.1742; 9505.1745; 9505.1748; 9520.0010; 9520.0020; 9520.0030; 9520.0040; 9520.0050; 9520.0060; 9520.0070; 9520.0080; 9520.0090; 9520.0100; 9520.0110; 9520.0120; 9520.0130; 9520.0140; 9520.0150; 9520.0160; 9520.0170; 9520.0180; 9520.0190; 9520.0200; 9520.0210; 9520.0230; 9520.0750; 9520.0760; 9520.0770; 9520.0780; 9520.0790; 9520.0800; 9520.0810; 9520.0820; 9520.0830; 9520.0840; 9520.0850; 9520.0860; 9520.0870; 9530.6800; 9530.6810.

 

Cal R. Ludeman, Secretary of the Senate

 

 

      Liebling moved that the House refuse to concur in the Senate amendments to H. F. No. 2128, 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.


Journal of the House - 49th Day - Thursday, April 29, 2021 - Top of Page 6901

ANNOUNCEMENT BY THE SPEAKER

 

      The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 2128:

 

      Liebling, Schultz, Gomez, Pinto and Schomacker.

 

 

MOTIONS AND RESOLUTIONS

 

 

      Hausman moved that the name of Richardson be added as an author on H. F. No. 12.  The motion prevailed.

 

      Wazlawik moved that the name of Feist be added as an author on H. F. No. 79.  The motion prevailed.

 

      Morrison moved that the name of Frazier be added as an author on H. F. No. 269.  The motion prevailed.

 

      Vang moved that the name of Boe be added as an author on H. F. No. 387.  The motion prevailed.

 

      Kotyza-Witthuhn moved that the name of Frazier be added as an author on H. F. No. 832.  The motion prevailed.

 

      Pinto moved that the name of Elkins be added as an author on H. F. No. 1275.  The motion prevailed.

 

      Keeler moved that the name of Christensen be added as an author on H. F. No. 1615.  The motion prevailed.

 

      Klevorn moved that the names of Frazier and Reyer be added as authors on H. F. No. 1768.  The motion prevailed.

 

      Olson, L., moved that the names of Frazier and Murphy be added as authors on H. F. No. 1947.  The motion prevailed.

 

      Lueck moved that the name of Pfarr be added as an author on H. F. No. 2140.  The motion prevailed.

 

      Marquart moved that the name of Poston be added as an author on H. F. No. 2143.  The motion prevailed.

 

      Poston moved that the name of Kresha be added as an author on H. F. No. 2527.  The motion prevailed.

 

 

ADJOURNMENT

 

      Winkler moved that when the House adjourns today it adjourn until 4:30 p.m., Monday, May 3, 2021.  The motion prevailed.

 

      Winkler moved that the House adjourn.  The motion prevailed, and Speaker pro tempore Carlson declared the House stands adjourned until 4:30 p.m., Monday, May 3, 2021.

 

 

Patrick D. Murphy, Chief Clerk, House of Representatives

 

 

 


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