Journal of the House - 56th Day - Thursday, May 13, 2021 - Top of Page 7029

STATE OF MINNESOTA

 

Journal of the House

 

NINETY-SECOND SESSION - 2021

 

_____________________

 

FIFTY-SIXTH DAY

 

Saint Paul, Minnesota, Thursday, May 13, 2021

 

 

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

 

      Prayer was offered by Deacon Nathan E. Allen, Archdiocese of Saint Paul and Minneapolis, St. Paul, 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

Hertaus

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

McDonald

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.

 

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


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REPORTS OF CHIEF CLERK

 

      S. F. No. 226 and H. F. No. 334, which had been referred to the Chief Clerk for comparison, were examined and found to be not identical.

 

      Frederick moved that S. F. No. 226 be substituted for H. F. No. 334 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

SECOND READING OF SENATE BILLS

 

 

      S. F. No. 226 was read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

Vang introduced:

 

H. F. No. 2623, A bill for an act relating to agriculture; clarifying that commercial animal feed may contain industrial hemp; amending Minnesota Statutes 2020, section 25.33, subdivisions 6, 8, by adding a subdivision.

 

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

 

 

Lippert introduced:

 

H. F. No. 2624, A bill for an act relating to energy; modifying the property assessed clean energy program; amending Minnesota Statutes 2020, sections 216C.435, subdivisions 3a, 8; 216C.436, subdivision 2.

 

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

 

 

Freiberg introduced:

 

H. F. No. 2625, A bill for an act relating to health; authorizing certain minors to consent to certain vaccines; modifying certain disclosures related to consenting to vaccines; amending Minnesota Statutes 2020, section 121A.15, subdivision 3a; proposing coding for new law in Minnesota Statutes, chapter 144.

 

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

 

 

Sandstede introduced:

 

H. F. No. 2626, A bill for an act relating to capital investment; appropriating money for the city of Buhl to provide expanded water service to the city; authorizing the sale and issuance of state bonds.

 

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


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Lucero introduced:

 

H. F. No. 2627, A bill for an act relating to health; requiring certain health care providers to report adverse vaccination events and disclose certain information; proposing coding for new law in Minnesota Statutes, chapter 144.

 

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

 

 

Torkelson introduced:

 

H. F. No. 2628, A bill for an act relating to commerce; regulating motor vehicle self-insurance for cooperatives; amending Minnesota Statutes 2020, section 65B.48, subdivision 3.

 

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

 

 

Kotyza-Witthuhn introduced:

 

H. F. No. 2629, A bill for an act relating to consumer protection; modifying limitations on credit card surcharges; amending Minnesota Statutes 2020, section 325G.051, subdivision 1.

 

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

 

 

Davids introduced:

 

H. F. No. 2630, A bill for an act relating to capital investment; appropriating money for completion of the repair of the Lanesboro dam; authorizing the sale and issuance of state bonds.

 

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

 

 

Davids introduced:

 

H. F. No. 2631, A bill for an act relating to capital investment; appropriating money for the acquisition of Niagara Cave in Fillmore County; authorizing the sale and issuance of state bonds.

 

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

 

 

MESSAGES FROM THE SENATE

 

 

      The following message was received from the Senate:

 

 

Madam Speaker:

 

I hereby announce the Senate refuses to concur in the House amendments to the following Senate File: 

 

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.


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The Senate respectfully requests that a Conference Committee be appointed thereon.  The Senate has appointed as such committee:

 

Senators Benson, Draheim and Wiklund.

 

Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.

 

Cal R. Ludeman, Secretary of the Senate

 

 

      Morrison moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 193.  The motion prevailed.

 

 

REPORT FROM THE COMMITTEE ON RULES

AND LEGISLATIVE ADMINISTRATION

 

      Winkler from the Committee on Rules and Legislative Administration, pursuant to rules 1.21 and 3.33, designated the following bills to be placed on the Calendar for the Day for Saturday, May 15, 2021 and established a prefiling requirement for amendments offered to the following bills:

 

      S. F. No. 1712; H. F. Nos. 2360 and 1671; and S. F. Nos. 1047 and 1354.

 

 

      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 Richardson.

 

 

CALENDAR FOR THE DAY

 

 

      H. F. No. 600 was reported to the House.

 

 

Jurgens moved to amend H. F. No. 600, the eighth engrossment, as follows:

 

Page 196, line 24, delete "$4,394,000" and insert "$3,894,000" and delete "$4,094,000" and insert "$3,594,000"

 

Page 196, line 26, delete "$4,114,000" and insert "$3,614,000"

 

Page 196, line 27, delete "$4,009,000" and insert "$3,509,000"


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Page 196, after line 27, insert:

 

"Subd. 17.  Board of Peace Officer Standards and Training.  $500,000 in fiscal year 2022 and $500,000 in fiscal year 2023 are appropriated from the general fund to the Board of Peace Officer Standards and Training for grants to local law enforcement agencies for drug recognition training for peace officers, as defined in Minnesota Statutes, section 626.84, subdivision 1, paragraph (c), provided by drug recognition experts."

 

Renumber the subdivisions in sequence

 

 

Jurgens moved to amend the Jurgens amendment to H. F. No. 600, the eighth engrossment, as follows:

 

Page 1, line 7, delete "Board of Peace Officer Standards and Training" and insert "Department of Public Safety; State Patrol"

 

Page 1, line 8, delete "Board"

 

Page 1, line 9, delete "of Peace Officer Standards and Training" and insert "Minnesota State Patrol" and delete "grants to local law enforcement agencies" and insert "its drug evaluation and classification program for drug recognition evaluator training, additional phlebotomists, and"

 

Page 1, line 11, delete ", provided by drug recognition experts"

 

 

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

 

 

      The question recurred on the Jurgens amendment, as amended, to H. F. No. 600, the eighth engrossment.  The motion prevailed and the amendment, as amended, was adopted.

 

 

Jurgens moved to amend H. F. No. 600, the eighth engrossment, as amended, as follows:

 

Page 143, after line 8, insert:

 

"Sec. 18.  ORAL FLUID PRELIMINARY TESTING; PILOT PROJECT AUTHORIZED.

 

(a) The commissioner of public safety is authorized to design, plan, and implement a pilot project intended to determine the efficacy of oral fluid roadside testing to determine the presence of a controlled substance or intoxicating substance by trained law enforcement personnel.  The project is further intended to gain a better assessment of the prevalence of drug-impaired drivers on Minnesota roads and to evaluate and validate the appropriate device that could be authorized for use.

 

(b) The results of this preliminary oral fluid test may be used for the purpose of deciding whether an arrest should be made and whether to require the tests authorized in Minnesota Statutes, section 169A.51 (chemical tests for intoxication), but must not be used in any court action.

 

(c) Following the screening test, additional tests may be required of the driver pursuant to the provisions of Minnesota Statutes, section 169A.51 (chemical tests for intoxication)."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly


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Winkler moved to amend the Jurgens amendment to H. F. No. 600, the eighth engrossment, as amended, as follows:

 

Page 1, line 11, delete "may be used for the purpose of deciding"

 

Page 1, delete line 12

 

Page 1, line 13, delete "Statutes, section 169A.51 (chemical tests for intoxication), but"

 

Page 1, after line 16, insert:

 

"EFFECTIVE DATE.  This section is effective August 1, 2021, and expires July 31, 2023."

 

 

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

 

 

      The question recurred on the Jurgens amendment, as amended, to H. F. No. 600, the eighth engrossment, as amended.  The motion prevailed and the amendment, as amended, was adopted.

 

 

Franke moved to amend H. F. No. 600, the eighth engrossment, as amended, as follows:

 

Page 106, delete subdivision 6 and insert:

 

"Subd. 6.  Deposit of revenues.  (a) For fiscal years 2022 to 2025, the commissioner must deposit all revenues, including penalties and interest, derived from the tax imposed by this section in the general fund and allocated in accordance with section 295.813.

 

(b) Beginning in fiscal year 2026 and each year thereafter, the commissioner must deposit all revenues, including penalties and interest, derived from the tax imposed by this section in the state treasury and credited as follows:

 

(1) five percent of the revenue deposited in paragraph (b) must be credited to the substance use disorder treatment and prevention grant account established under section 342.72; and

 

(2) the balance of the revenues shall be credited to the general fund and allocated in accordance with section 295.813."

 

 

      The motion prevailed and the amendment was adopted.

 

 

Munson moved to amend H. F. No. 600, the eighth engrossment, as amended, as follows:

 

Page 35, line 12, delete "and"

 

Page 35, line 13, delete the period and insert "; and"

 

Page 35, after line 13, insert:

 

"(6) data on retail or wholesale customers of a cannabis business."


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Page 35, after line 20, insert:

 

"(c) The board must not share data classified as private under this subdivision with any federal agency, federal department, or federal entity unless specifically ordered to do so by a state or federal court."

 

Page 41, after line 26, insert:

 

"Subd. 12.  Customer privacy.  A cannabis business must not share data on retail or wholesale customers with any federal agency, federal department, or federal entity unless specifically ordered to do so by a state or federal court."

 

Page 87, line 33, after the period, insert "Data specified in subdivision 1 must not be shared with any federal agency, federal department, or federal entity unless specifically ordered to do so by a state or federal court."

 

 

Munson moved to amend the Munson amendment to H. F. No. 600, the eighth engrossment, as amended, as follows:

 

Page 1, line 3, delete "and"

 

Page 1, line 5, delete "(6) data on retail or wholesale customers of a cannabis business." and insert "(6) data identifying retail or wholesale customers of a cannabis business; and"

 

Page 1, after line 5, insert:

 

"(7) data identifying employees of a cannabis business."

 

Page 1, line 7, after "subdivision" insert "or other data identifying an individual applicant or license holder"

 

 

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

 

 

      The question recurred on the Munson amendment, as amended, to H. F. No. 600, the eighth engrossment, as amended.  The motion prevailed and the amendment, as amended, was adopted.

 

 

Munson moved to amend H. F. No. 600, the eighth engrossment, as amended, as follows:

 

Page 170, after line 18, insert:

 

"Sec. 25.  Minnesota Statutes 2020, section 624.712, is amended by adding a subdivision to read:

 

Subd. 13.  Adult-use cannabis.  "Adult-use cannabis" has the meaning given in section 342.01, subdivision 2.

 

Sec. 26.  Minnesota Statutes 2020, section 624.712, is amended by adding a subdivision to read:

 

Subd. 14.  Adult-use cannabis product.  "Adult-use cannabis product" has the meaning given in section 342.01, subdivision 4.

 

Sec. 27.  Minnesota Statutes 2020, section 624.712, is amended by adding a subdivision to read:

 

Subd. 15.  Medical cannabis.  "Medical cannabis" has the meaning given in section 342.01, subdivision 31.


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Sec. 28.  Minnesota Statutes 2020, section 624.712, is amended by adding a subdivision to read:

 

Subd. 16.  Medical cannabis product.  "Medical cannabis product" has the meaning given in section 342.01, subdivision 34.

 

Sec. 29.  Minnesota Statutes 2020, section 624.712, is amended by adding a subdivision to read:

 

Subd. 17.  Patient.  "Patient" has the meaning given to in section 342.01, subdivision 38.

 

Sec. 30.  Minnesota Statutes 2020, section 624.712, is amended by adding a subdivision to read:

 

Subd. 18.  Qualifying medical condition.  "Qualifying medical condition" has the meaning given in section 342.01, subdivision 40.

 

Sec. 31.  Minnesota Statutes 2020, section 624.712, is amended by adding a subdivision to read:

 

Subd. 19.  Registry or registry program.  "Registry" or "registry program" has the meaning given in section 342.01, subdivision 42.

 

Sec. 32.  Minnesota Statutes 2020, section 624.713, subdivision 1, is amended to read:

 

Subdivision 1.  Ineligible persons.  The following persons shall not be entitled to possess ammunition or a pistol or semiautomatic military-style assault weapon or, except for clause (1), any other firearm:

 

(1) a person under the age of 18 years except that a person under 18 may possess ammunition designed for use in a firearm that the person may lawfully possess and may carry or possess a pistol or semiautomatic military-style assault weapon (i) in the actual presence or under the direct supervision of the person's parent or guardian, (ii) for the purpose of military drill under the auspices of a legally recognized military organization and under competent supervision, (iii) for the purpose of instruction, competition, or target practice on a firing range approved by the chief of police or county sheriff in whose jurisdiction the range is located and under direct supervision; or (iv) if the person has successfully completed a course designed to teach marksmanship and safety with a pistol or semiautomatic military-style assault weapon and approved by the commissioner of natural resources;

 

(2) except as otherwise provided in clause (9), a person who has been convicted of, or adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing, in this state or elsewhere, a crime of violence.  For purposes of this section, crime of violence includes crimes in other states or jurisdictions which would have been crimes of violence as herein defined if they had been committed in this state;

 

(3) a person who is or has ever been committed in Minnesota or elsewhere by a judicial determination that the person is mentally ill, developmentally disabled, or mentally ill and dangerous to the public, as defined in section 253B.02, to a treatment facility, or who has ever been found incompetent to stand trial or not guilty by reason of mental illness, unless the person's ability to possess a firearm and ammunition has been restored under subdivision 4;

 

(4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or gross misdemeanor violation of chapter 152, unless three years have elapsed since the date of conviction and, during that time, the person has not been convicted of any other such violation of chapter 152 or a similar law of another state; or a person who is or has ever been committed by a judicial determination for treatment for the habitual use of a controlled substance or marijuana, as defined in sections 152.01 and 152.02, unless the person's ability to possess a firearm and ammunition has been restored under subdivision 4;


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(5) a person who has been committed to a treatment facility in Minnesota or elsewhere by a judicial determination that the person is chemically dependent as defined in section 253B.02, unless the person has completed treatment or the person's ability to possess a firearm and ammunition has been restored under subdivision 4.  Property rights may not be abated but access may be restricted by the courts;

 

(6) a peace officer who is informally admitted to a treatment facility pursuant to section 253B.04 for chemical dependency, unless the officer possesses a certificate from the head of the treatment facility discharging or provisionally discharging the officer from the treatment facility.  Property rights may not be abated but access may be restricted by the courts;

 

(7) a person, including a person under the jurisdiction of the juvenile court, who has been charged with committing a crime of violence and has been placed in a pretrial diversion program by the court before disposition, until the person has completed the diversion program and the charge of committing the crime of violence has been dismissed;

 

(8) except as otherwise provided in clause (9), a person who has been convicted in another state of committing an offense similar to the offense described in section 609.224, subdivision 3, against a family or household member or section 609.2242, subdivision 3, unless three years have elapsed since the date of conviction and, during that time, the person has not been convicted of any other violation of section 609.224, subdivision 3, or 609.2242, subdivision 3, or a similar law of another state;

 

(9) a person who has been convicted in this state or elsewhere of assaulting a family or household member and who was found by the court to have used a firearm in any way during commission of the assault is prohibited from possessing any type of firearm or ammunition for the period determined by the sentencing court;

 

(10) a person who:

 

(i) has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;

 

(ii) is a fugitive from justice as a result of having fled from any state to avoid prosecution for a crime or to avoid giving testimony in any criminal proceeding;

 

(iii) is an unlawful user of any controlled substance as defined in chapter 152.  The use of medical cannabis or medical cannabis products by a patient enrolled in the registry program or the use of adult-use cannabis or adult-use cannabis products by a person 21 years of age or older does not constitute the unlawful use of a controlled substance under this item;

 

(iv) has been judicially committed to a treatment facility in Minnesota or elsewhere as a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to the public, as defined in section 253B.02;

 

(v) is an alien who is illegally or unlawfully in the United States;

 

(vi) has been discharged from the armed forces of the United States under dishonorable conditions;

 

(vii) has renounced the person's citizenship having been a citizen of the United States; or

 

(viii) is disqualified from possessing a firearm under United States Code, title 18, section 922(g)(8) or (9), as amended through March 1, 2014;

 

(11) a person who has been convicted of the following offenses at the gross misdemeanor level, unless three years have elapsed since the date of conviction and, during that time, the person has not been convicted of any other violation of these sections:  section 609.229 (crimes committed for the benefit of a gang); 609.2231, subdivision 4


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(assaults motivated by bias); 609.255 (false imprisonment); 609.378 (neglect or endangerment of a child); 609.582, subdivision 4 (burglary in the fourth degree); 609.665 (setting a spring gun); 609.71 (riot); or 609.749 (harassment or stalking).  For purposes of this paragraph, the specified gross misdemeanor convictions include crimes committed in other states or jurisdictions which would have been gross misdemeanors if conviction occurred in this state;

 

(12) a person who has been convicted of a violation of section 609.224 if the court determined that the assault was against a family or household member in accordance with section 609.2242, subdivision 3 (domestic assault), unless three years have elapsed since the date of conviction and, during that time, the person has not been convicted of another violation of section 609.224 or a violation of a section listed in clause (11); or

 

(13) a person who is subject to an order for protection as described in section 260C.201, subdivision 3, paragraph (d), or 518B.01, subdivision 6, paragraph (g).

 

A person who issues a certificate pursuant to this section in good faith is not liable for damages resulting or arising from the actions or misconduct with a firearm or ammunition committed by the individual who is the subject of the certificate.

 

The prohibition in this subdivision relating to the possession of firearms other than pistols and semiautomatic military-style assault weapons does not apply retroactively to persons who are prohibited from possessing a pistol or semiautomatic military-style assault weapon under this subdivision before August 1, 1994.

 

The lifetime prohibition on possessing, receiving, shipping, or transporting firearms and ammunition for persons convicted or adjudicated delinquent of a crime of violence in clause (2), applies only to offenders who are discharged from sentence or court supervision for a crime of violence on or after August 1, 1993.

 

Participation as a patient in the registry program or use of adult-use cannabis or adult-use cannabis products by a person 21 years of age or older does not disqualify the person from possessing firearms and ammunition under this section.

 

For purposes of this section, "judicial determination" means a court proceeding pursuant to sections 253B.07 to 253B.09 or a comparable law from another state.

 

Sec. 33.  Minnesota Statutes 2020, section 624.714, subdivision 6, is amended to read:

 

Subd. 6.  Granting and denial of permits.  (a) The sheriff must, within 30 days after the date of receipt of the application packet described in subdivision 3:

 

(1) issue the permit to carry;

 

(2) deny the application for a permit to carry solely on the grounds that the applicant failed to qualify under the criteria described in subdivision 2, paragraph (b); or

 

(3) deny the application on the grounds that there exists a substantial likelihood that the applicant is a danger to self or the public if authorized to carry a pistol under a permit.

 

(b) Failure of the sheriff to notify the applicant of the denial of the application within 30 days after the date of receipt of the application packet constitutes issuance of the permit to carry and the sheriff must promptly fulfill the requirements under paragraph (c).  To deny the application, the sheriff must provide the applicant with written notification and the specific factual basis justifying the denial under paragraph (a), clause (2) or (3), including the source of the factual basis.  The sheriff must inform the applicant of the applicant's right to submit, within 20 business days, any additional documentation relating to the propriety of the denial.  Upon receiving any


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additional documentation, the sheriff must reconsider the denial and inform the applicant within 15 business days of the result of the reconsideration.  Any denial after reconsideration must be in the same form and substance as the original denial and must specifically address any continued deficiencies in light of the additional documentation submitted by the applicant.  The applicant must be informed of the right to seek de novo review of the denial as provided in subdivision 12.

 

(c) Upon issuing a permit to carry, the sheriff must provide a laminated permit card to the applicant by first class mail unless personal delivery has been made.  Within five business days, the sheriff must submit the information specified in subdivision 7, paragraph (a), to the commissioner for inclusion solely in the database required under subdivision 15, paragraph (a).  The sheriff must transmit the information in a manner and format prescribed by the commissioner.

 

(d) Within five business days of learning that a permit to carry has been suspended or revoked, the sheriff must submit information to the commissioner regarding the suspension or revocation for inclusion solely in the databases required or permitted under subdivision 15.

 

(e) Notwithstanding paragraphs (a) and (b), the sheriff may suspend the application process if a charge is pending against the applicant that, if resulting in conviction, will prohibit the applicant from possessing a firearm.

 

(f) A sheriff shall not deny an application for a permit to carry solely because the applicant is a patient enrolled in the registry program and uses medical cannabis or medical cannabis products for a qualifying medical condition or because the person is 21 years of age or older and uses adult-use cannabis or adult use cannabis products.

 

Sec. 34.  Minnesota Statutes 2020, section 624.7142, subdivision 1, is amended to read:

 

Subdivision 1.  Acts prohibited.  A person may not carry a pistol on or about the person's clothes or person in a public place:

 

(1) when the person is under the influence of a controlled substance, as defined in section 152.01, subdivision 4;

 

(2) when the person is under the influence of a combination of any two or more of the elements named in clauses (1) and (4);

 

(3) when the person is under the influence of an intoxicating substance as defined in section 169A.03, subdivision 11a, and the person knows or has reason to know that the substance has the capacity to cause impairment;

 

(4) when the person is under the influence of alcohol;

 

(5) when the person's alcohol concentration is 0.10 or more; or

 

(6) when the person's alcohol concentration is less than 0.10, but more than 0.04.; or

 

(7) when the person is enrolled as a patient in the registry program, uses medical cannabis or medical cannabis products, and knows or has reason to know that the medical cannabis or medical cannabis products used by the person has the capacity to cause impairment.

 

Sec. 35.  Minnesota Statutes 2020, section 624.7151, is amended to read:

 

624.7151 STANDARDIZED FORMS.

 

By December 1, 1992, the commissioner shall adopt statewide standards governing the form and contents, as required by sections 624.7131 to 624.714, of every application for a pistol transferee permit, pistol transferee permit, report of transfer of a pistol, application for a permit to carry a pistol, and permit to carry a pistol that is granted or renewed on or after January 1, 1993.


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Every application for a pistol transferee permit, pistol transferee permit, report of transfer of a pistol, application for a permit to carry a pistol, and permit to carry a pistol that is received, granted, or renewed by a police chief or county sheriff on or after January 1, 1993, must meet the statewide standards adopted by the commissioner.  Notwithstanding the previous sentence, neither failure of the Department of Public Safety to adopt standards nor failure of the police chief or county sheriff to meet them shall delay the timely processing of applications nor invalidate permits issued on other forms meeting the requirements of sections 624.7131 to 624.714.

 

Any form used for the purpose of approving or disapproving a person from purchasing, owning, possessing, or carrying a firearm that inquires about the applicant's use of controlled substances shall specifically authorize a patient in the registry program to refrain from reporting the use of medical cannabis and medical cannabis products and shall specifically authorize a person 21 years of age or older from refraining from reporting the use of adult-use cannabis or adult-use cannabis products.

 

Sec. 36.  [624.7152] LAWFUL CANNABIS USERS.

 

(a) A person may not be denied the right to purchase, own, possess, or carry a firearm solely on the basis that the person is a patient in the registry program.

 

(b) A person may not be denied the right to purchase, own, possess, or carry a firearm solely on the basis that the person is 21 years of age or older and uses adult-use cannabis or adult-use cannabis products.

 

(c) A state or local agency may not access a database containing the identities of patients in the registry program to obtain information for the purpose of approving or disapproving a person from purchasing, owning, possessing, or carrying a firearm.

 

(d) A state or local agency may not use information gathered from a database containing the identities of patients in the registry program to obtain information for the purpose of approving or disapproving a person from purchasing, owning, possessing, or carrying a firearm.

 

(e) A state or local agency may not inquire about a person's status as a patient in the registry program for the purpose of approving or disapproving the person from purchasing, owning, possessing, or carrying a firearm.

 

(f) A state or local agency may not inquire about use of adult-use cannabis or adult-use cannabis products by a person 21 years of age or older for the purpose of approving or disapproving the person from purchasing, owning, possessing, or carrying a firearm."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.

 

 

West moved to amend H. F. No. 600, the eighth engrossment, as amended, as follows:

 

Page 26, line 1, delete "not" and insert "adopt an ordinance to"

 

Page 26, line 2, after "chapter" insert "except that, if a cannabis business is in operation before the local unit of government adopts such an ordinance, the ordinance must permit that business to continue operating"

 

Page 26, line 4, delete "provided such restrictions do not prohibit"


Journal of the House - 56th Day - Thursday, May 13, 2021 - Top of Page 7041

Page 26, line 5, delete "the establishment or operation of such a business"

 

Page 26, line 7, delete "provided the"

 

Page 26, delete line 8

 

Page 26, line 9, delete everything before the period

 

Page 26, line 21, delete everything before the period

 

 

Winkler moved to amend the West amendment to H. F. No. 600, the eighth engrossment, as amended, as follows:

 

Page 1, line 2, after "to" insert "limit the number of cannabis retail businesses in operation at any given time to a number equal to one per 500 residents of the local unit of government provided the ordinance does not"

 

Page 1, delete lines 6 to 11

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Winkler amendment to the West amendment and the roll was called.  There were 68 yeas and 64 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

Munson

Murphy

Nelson, M.

Noor

Olson, L.

Pinto

Pryor

Reyer

Richardson

Sandell

Schultz

Stephenson

Sundin

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

Garofalo

Green

Grossell

Gruenhagen

Haley

Hamilton

Heinrich

Heintzeman

Hertaus

Igo

Johnson

Jurgens

Kiel

Koznick

Kresha

Lucero

Lueck

McDonald

Mekeland

Miller

Mortensen

Mueller

Nash

Nelson, N.

Neu Brindley

Novotny

O'Driscoll

Olson, B.

O'Neill

Pelowski

Petersburg

Pfarr

Pierson

Poston

Quam

Raleigh

Rasmusson

Robbins

Sandstede

Schomacker

Scott

Swedzinski

Theis

Torkelson

Urdahl

West


 

 

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


Journal of the House - 56th Day - Thursday, May 13, 2021 - Top of Page 7042

           West withdrew his amendment, as amended, to H. F. No. 600, the eighth engrossment, as amended.

 

 

West moved to amend H. F. No. 600, the eighth engrossment, as amended, as follows:

 

Page 157, line 29, after "construed" insert ":  (1)"

 

Page 157, line 32, delete the period and insert "; or"

 

Page 157, after line 32, insert:

 

"(2) to prohibit an employer from requesting or requiring cannabis testing from a job applicant, as provided under sections 181.951, subdivision 2, and 181.953, subdivision 6, or from withdrawing a job offer from a job applicant for a positive cannabis test result, as provided under section 181.953, subdivision 11."

 

Page 159, after line 4, insert:

 

"Sec. 14.  Minnesota Statutes 2020, section 181.951, subdivision 2, is amended to read:

 

Subd. 2.  Job applicant testing.  An employer may request or require a job applicant to undergo drug and alcohol testing or cannabis testing provided a job offer has been made to the applicant and the same test is requested or required of all job applicants conditionally offered employment for that position.  If the job offer is withdrawn, as provided in section 181.953, subdivision 11, the employer shall inform the job applicant of the reason for its action."

 

Page 159, line 7, delete everything after the third period

 

Page 159, delete lines 8 to 14

 

Reletter the paragraphs in sequence

 

Page 159, line 15, delete "or job applicant"

 

Page 160, after line 30, insert:

 

"(c) Any employer may enact a policy requesting or requiring cannabis testing of job applicants, as provided under sections 181.951, subdivision 2, and 181.953, subdivision 6, and allowing the employer to withdraw a job offer from a job applicant for a positive cannabis test result, as provided under section 181.953, subdivision 11."

 

Page 165, line 2, after "testing" insert "or cannabis testing"

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

Winkler moved to amend the West amendment to H. F. No. 600, the eighth engrossment, as amended, as follows:

 

Page 1, line 6, after "applicant" insert "for a safety-sensitive position"

 

Page 1, line 7, after "applicant" insert "for a safety-sensitive position"

 

Page 1, line 12, after "testing" insert "for a safety-sensitive position"


Journal of the House - 56th Day - Thursday, May 13, 2021 - Top of Page 7043

Page 1, delete lines 17 to 20 and insert:

 

"Page 159, line 7, after "(a)" insert "Except for a safety-sensitive position,"

 

Page 159, line 11, after "(b)" insert "Except for a safety-sensitive position,""

 

Page 2, line 2, after "applicants" insert "for safety-sensitive positions"

 

Page 2, line 3, after "applicant" insert "for a safety-sensitive position"

 

Page 2, line 5, after "testing" insert "for a safety-sensitive position"

 

 

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

 

 

      West withdrew his amendment, as amended, to H. F. No. 600, the eighth engrossment, as amended.

 

 

Lucero moved to amend H. F. No. 600, the eighth engrossment, as amended, as follows:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2020, section 152.25, subdivision 1, is amended to read:

 

Subdivision 1.  Medical cannabis manufacturer registration.  (a) The commissioner shall register two in-state manufacturers for the production of all medical cannabis within the state.  A registration agreement between the commissioner and a manufacturer is nontransferable.  The commissioner shall register new manufacturers or reregister the existing manufacturers by December 1 renew existing manufacturer registrations every two years, using the factors described in this subdivision paragraph (c), and shall accept applications for new manufacturer registrations at any time.  The commissioner shall accept applications after December 1, 2014, if one of the manufacturers registered before December 1, 2014, ceases to be registered as a manufacturer.  The commissioner's determination that no manufacturer exists to fulfill the duties under sections 152.22 to 152.37 is subject to judicial review in Ramsey County District Court. The commissioner may register any manufacturer that is able to satisfy the factors in paragraph (c) according to standards established by the commissioner.  Data submitted during the application process are private data on individuals or nonpublic data as defined in section 13.02 until the manufacturer is registered under this section.  Data on a manufacturer that is registered are public data, unless the data are trade secret or security information under section 13.37.

 

(b) As a condition for registration, a manufacturer must agree to:

 

(1) begin supplying medical cannabis to patients by July 1, 2015; and

 

(2) comply with all requirements under sections 152.22 to 152.37.

 

(c) The commissioner shall consider the following factors when determining which manufacturer to register whether to register a manufacturer or renew a registration:

 

(1) the technical expertise of the manufacturer in cultivating medical cannabis and converting the medical cannabis into an acceptable delivery method under section 152.22, subdivision 6;

 

(2) the qualifications of the manufacturer's employees;


Journal of the House - 56th Day - Thursday, May 13, 2021 - Top of Page 7044

(3) the long-term financial stability of the manufacturer;

 

(4) the ability to provide appropriate security measures on the premises of the manufacturer;

 

(5) whether the manufacturer has demonstrated an ability to meet the medical cannabis production needs required by sections 152.22 to 152.37; and

 

(6) the manufacturer's projection and ongoing assessment of fees on patients with a qualifying medical condition.

 

(d) If an officer, director, or controlling person of the manufacturer pleads or is found guilty of intentionally diverting medical cannabis to a person other than allowed by law under section 152.33, subdivision 1, the commissioner may decide not to renew the registration of the manufacturer, provided the violation occurred while the person was an officer, director, or controlling person of the manufacturer.

 

(e) The commissioner shall require each medical cannabis manufacturer to contract with an independent laboratory to test medical cannabis produced by the manufacturer.  The commissioner shall approve the laboratory chosen by each manufacturer and require that the laboratory report testing results to the manufacturer in a manner determined by the commissioner.

 

Sec. 2.  Minnesota Statutes 2020, section 152.29, subdivision 1, is amended to read:

 

Subdivision 1.  Manufacturer; requirements.  (a) A manufacturer may operate throughout the state.  A manufacturer may operate eight distribution facilities, which may include the manufacturer's single location for cultivation, harvesting, manufacturing, packaging, and processing but is not required to include that location.  The commissioner shall designate the geographical service areas to be served by each manufacturer based on geographical need throughout the state to improve patient access.  A manufacturer shall not have more than two distribution facilities in each geographical service area assigned to the manufacturer by the commissioner. A manufacturer shall operate only one location where all cultivation, harvesting, manufacturing, packaging, and processing of medical cannabis shall be conducted.  This location may be one of the manufacturer's distribution facility sites.  The additional distribution facilities may dispense medical cannabis and medical cannabis products but may not contain any medical cannabis in a form other than those forms allowed under section 152.22, subdivision 6, and the manufacturer shall not conduct any cultivation, harvesting, manufacturing, packaging, or processing at the other distribution facility sites.  Any distribution facility operated by the manufacturer is subject to all of the requirements applying to the manufacturer under sections 152.22 to 152.37, including, but not limited to, security and distribution requirements.

 

(b) A manufacturer may acquire hemp grown in this state from a hemp grower.  A manufacturer may manufacture or process hemp into an allowable form of medical cannabis under section 152.22, subdivision 6.  Hemp acquired by a manufacturer under this paragraph is subject to the same quality control program, security and testing requirements, and other requirements that apply to medical cannabis under sections 152.22 to 152.37 and Minnesota Rules, chapter 4770.

 

(c) A medical cannabis manufacturer shall contract with a laboratory approved by the commissioner, subject to any additional requirements set by the commissioner, for purposes of testing medical cannabis manufactured or hemp acquired by the medical cannabis manufacturer as to content, contamination, and consistency to verify the medical cannabis meets the requirements of section 152.22, subdivision 6.  The cost of laboratory testing shall be paid by the manufacturer.

 

(d) The operating documents of a manufacturer must include:

 

(1) procedures for the oversight of the manufacturer and procedures to ensure accurate record keeping;


Journal of the House - 56th Day - Thursday, May 13, 2021 - Top of Page 7045

(2) procedures for the implementation of appropriate security measures to deter and prevent the theft of medical cannabis and unauthorized entrance into areas containing medical cannabis; and

 

(3) procedures for the delivery and transportation of hemp between hemp growers and manufacturers.

 

(e) A manufacturer shall implement security requirements, including requirements for the delivery and transportation of hemp, protection of each location by a fully operational security alarm system, facility access controls, perimeter intrusion detection systems, and a personnel identification system.

 

(f) A manufacturer shall not share office space with, refer patients to a health care practitioner, or have any financial relationship with a health care practitioner.

 

(g) A manufacturer shall not permit any person to consume medical cannabis on the property of the manufacturer.

 

(h) A manufacturer is subject to reasonable inspection by the commissioner.

 

(i) For purposes of sections 152.22 to 152.37, a medical cannabis manufacturer is not subject to the Board of Pharmacy licensure or regulatory requirements under chapter 151.

 

(j) A medical cannabis manufacturer may not employ any person who is under 21 years of age or who has been convicted of a disqualifying felony offense.  An employee of a medical cannabis manufacturer must submit a completed criminal history records check consent form, a full set of classifiable fingerprints, and the required fees for submission to the Bureau of Criminal Apprehension before an employee may begin working with the manufacturer.  The bureau must conduct a Minnesota criminal history records check and the superintendent is authorized to exchange the fingerprints with the Federal Bureau of Investigation to obtain the applicant's national criminal history record information.  The bureau shall return the results of the Minnesota and federal criminal history records checks to the commissioner.

 

(k) A manufacturer may not operate in any location, whether for distribution or cultivation, harvesting, manufacturing, packaging, or processing, within 1,000 feet of a public or private school existing before the date of the manufacturer's registration with the commissioner.

 

(l) A manufacturer shall comply with reasonable restrictions set by the commissioner relating to signage, marketing, display, and advertising of medical cannabis.

 

(m) Before a manufacturer acquires hemp from a hemp grower, the manufacturer must verify that the hemp grower has a valid license issued by the commissioner of agriculture under chapter 18K.

 

(n) Until a state-centralized, seed-to-sale system is implemented that can track a specific medical cannabis plant from cultivation through testing and point of sale, the commissioner shall conduct at least one unannounced inspection per year of each manufacturer that includes inspection of:

 

(1) business operations;

 

(2) physical locations of the manufacturer's manufacturing facility and distribution facilities;

 

(3) financial information and inventory documentation, including laboratory testing results; and

 

(4) physical and electronic security alarm systems."

 

Amend the title accordingly

 

 

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


Journal of the House - 56th Day - Thursday, May 13, 2021 - Top of Page 7046

Scott moved to amend H. F. No. 600, the eighth engrossment, as amended, as follows:

 

Page 17, line 33, before "report" insert "initial"

 

Page 17, line 34, after the period, insert "The board shall submit a supplemental report by January 15, 2031, and the report may be combined with the annual report submitted by the board."

 

Page 17, after line 34, insert:

 

"(f) Beginning July 1, 2023, the board shall conduct a study on the state's education system to determine the impact, if any, on the state's education system.  The report shall assess student enrollment, retention, and performance and the report must provide summary data disaggregated by the age, race, and sex of students.  The board shall submit the initial report by January 15, 2026, and shall submit a supplemental report by January 15, 2031.  The reports may be combined with the annual report submitted by the board."

 

Page 19, after line 6, insert:

 

"(h) In the annual reports submitted by January 15, 2026, and January 15, 2031, the board shall identify the effect that legalization of adult-use cannabis has had on the health and education outcomes of Minnesotans.  The report shall include summary data disaggregated by age, race, and sex."

 

Reletter the paragraphs in sequence

 

Page 101, after line 24, insert:

 

"Sec. 61.  [342.82] ENDING SALES AND REVOKING AUTHORIZATIONS.

 

If, in the report submitted to the legislature by the board on January 15, 2026, or January 15, 2031, the board determines that the legalization of adult-use cannabis and adult-use cannabis products has had a disproportionate negative impact on the health or education outcomes of Minnesotans who belong to a racial minority, the board shall immediately suspend the sale of all adult-use cannabis and adult-use cannabis products and shall recommend to the legislature that it repeal statutes authorizing the possession or sale of adult-use cannabis and adult-use cannabis products, or authorizing the home cultivation of cannabis plants."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

Winkler moved to amend the Scott amendment to H. F. No. 600, the eighth engrossment, as amended, as follows:

 

Page 1, delete lines 19 to 23

 

Page 2, delete lines 1 to 7

 

 

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

 

 

      The question recurred on the Scott amendment, as amended, to H. F. No. 600, the eighth engrossment, as amended.  The motion prevailed and the amendment, as amended, was adopted.


Journal of the House - 56th Day - Thursday, May 13, 2021 - Top of Page 7047

Scott moved to amend H. F. No. 600, the eighth engrossment, as amended, as follows:

 

Page 12, line 13, delete "21" and insert "25"

 

Page 18, line 15, delete "21" and insert "25"

 

Page 20, line 9, delete "21" and insert "25"

 

Page 21, lines 19 and 28, delete "21" and insert "25"

 

Page 22, lines 7 and 18, delete "21" and insert "25"

 

Page 23, line 2, delete "21" and insert "25"

 

Page 35, line 25, after the period, insert "The board shall immediately suspend the license of any cannabis business that illegally sells or otherwise provides cannabis or cannabis products to a person under 25 years of age if that business has committed a previous violation involving the sale or distribution of cannabis or cannabis products to a person under 25 years of age."

 

Page 37, line 23, delete "21" and insert "25"

 

Page 38, lines 18, 19, 20, and 24, delete "21" and insert "25"

 

Page 44, line 18, delete "21" and insert "25"

 

Page 46, line 23, delete "21" and insert "25"

 

Page 48, line 6, delete "21" and insert "25"

 

Page 49, lines 8 and 24, delete "21" and insert "25"

 

Page 50, line 6, delete "21" and insert "25"

 

Page 51, line 11, delete "21" and insert "25"

 

Page 53, line 27, delete "21" and insert "25"

 

Page 55, line 32, delete "21" and insert "25"

 

Page 58, line 14, delete "21" and insert "25"

 

Page 60, lines 5 and 6, delete "21" and insert "25"

 

Page 61, line 31, delete "21" and insert "25"

 

Page 62, lines 5, 8, and 26, delete "21" and insert "25"

 

Page 63, line 26, delete "21" and insert "25"

 

Page 64, line 19, delete "21" and insert "25"


Journal of the House - 56th Day - Thursday, May 13, 2021 - Top of Page 7048

Page 65, lines 6, 12, and 27, delete "21" and insert "25"

 

Page 74, lines 24 and 25, delete "21" and insert "25"

 

Page 90, line 22, delete "21" and insert "25"

 

Page 93, lines 28, 29, 31, and 32, delete "21" and insert "25"

 

Page 94, lines 9, 13, 22, and 31, delete "21" and insert "25"

 

Page 99, line 29, delete "21" and insert "25"

 

Page 100, line 29, delete "21" and insert "25"

 

Page 101, lines 23 and 24, delete "21" and insert "25"

 

Page 125, line 14, delete "21" and insert "25"

 

Page 154, line 6, delete "21" and insert "25"

 

Page 156, lines 1 and 18, delete "21" and insert "25" and delete "21" and insert "25"

 

Page 156, lines 21 and 28, delete "21" and insert "25"

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Scott amendment and the roll was called.  There were 58 yeas and 76 nays as follows:

 

      Those who voted in the affirmative were:

 


Akland

Albright

Anderson

Backer

Baker

Bennett

Bliss

Boe

Burkel

Daniels

Daudt

Davids

Demuth

Dettmer

Drazkowski

Erickson

Franke

Franson

Green

Grossell

Gruenhagen

Haley

Hamilton

Heinrich

Heintzeman

Hertaus

Igo

Johnson

Kiel

Koznick

Kresha

Lucero

Lueck

McDonald

Mekeland

Miller

Nash

Nelson, N.

Neu Brindley

Novotny

O'Driscoll

Olson, B.

O'Neill

Petersburg

Pfarr

Pierson

Poston

Quam

Raleigh

Rasmusson

Robbins

Sandstede

Schomacker

Scott

Swedzinski

Theis

Torkelson

Urdahl


 

      Those who voted in the negative were:

 


Acomb

Agbaje

Bahner

Bahr

Becker-Finn

Berg

Bernardy

Bierman

Boldon

Carlson

Christensen

Davnie

Ecklund

Edelson

Elkins

Feist

Fischer

Frazier

Frederick

Freiberg

Garofalo

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hausman

Her

Hollins

Hornstein

Howard

Huot

Jordan

Jurgens

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Lee

Liebling

Lillie

Lippert

Lislegard

Long

Mariani

Marquart

Masin

Moller


Journal of the House - 56th Day - Thursday, May 13, 2021 - Top of Page 7049

Moran

Morrison

Mortensen

Mueller

Munson

Murphy

Nelson, M.

Noor

Olson, L.

Pelowski

Pinto

Pryor

Reyer

Richardson

Sandell

Schultz

Stephenson

Sundin

Thompson

Vang

Wazlawik

West

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

 

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

 

 

Akland moved to amend H. F. No. 600, the eighth engrossment, as amended, as follows:

 

Page 91, line 12, delete "and"

 

Page 91, after line 12, insert:

 

"(9) the following statement:  "WARNING:  Use of this product may be hazardous to your health and may impair judgment.  Do not operate a motor vehicle or heavy machinery while under the influence of cannabis or a cannabis product."; and"

 

Page 91, line 13, delete "(9)" and insert "(10)"

 

Page 92, line 3, delete "and"

 

Page 92, after line 3, insert:

 

"(13) the following statement:  "Use of this product may be hazardous to your health and may impair judgment.  Do not operate a motor vehicle or heavy machinery while under the influence of cannabis or a cannabis product."; and"

 

Page 92, line 4, delete "(13)" and insert "(14)"

 

 

      The motion prevailed and the amendment was adopted.

 

 

Garofalo moved to amend H. F. No. 600, the eighth engrossment, as amended, as follows:

 

Page 10, delete subdivision 2 and insert:

 

"Subd. 2.  Membership.  (a) The Cannabis Management Board is composed of the following members:

 

(1) one member appointed by the speaker of the house;

 

(2) one member appointed by the leader of the largest minority caucus in the house of representatives;

 

(3) one member appointed by the senate Subcommittee on Committees of the Committee on Rules and Administration;

 

(4) one member appointed by the leader of the largest minority caucus in the senate; and

 

(5) one member appointed by the governor.


Journal of the House - 56th Day - Thursday, May 13, 2021 - Top of Page 7050

(b) In making appointments under paragraph (a), the appointing authority shall prioritize appointees that have experience in one or more of the following areas:

 

(1) oversight of production agriculture;

 

(2) corporate management, finance, or securities;

 

(3) public health, including mental health and substance use disorders;

 

(4) oversight of industry management, including commodities, production, or distribution in a regulated industry;

 

(5) administering and enforcing statutes and rules governing business operations;

 

(6) establishing and developing new economic opportunity programs;

 

(7) promoting social equity; and

 

(8) promoting economic and social renewal in communities that experienced long-term poverty; a disproportionate, negative impact from cannabis prohibition; or both.

 

(c) The members of the board shall elect one member to serve as chair.

 

(d) While serving on the board and within two years after terminating service, board members may not:

 

(1) have a direct or indirect financial interest in a cannabis business licensed under this chapter; or

 

(2) serve as a lobbyist, as defined under section 10A.01, subdivision 21."

 

Page 11, line 31, delete "three" and insert "two"

 

Page 12, line 1, delete "three" and insert "two"

 

Page 12, line 2, delete "three members" and insert "one member" and after "serve" insert "a" and delete "terms" and insert "term"

 

Page 12, line 3, delete "governor" and insert "appointing authority"

 

Page 12, line 5, delete "governor" and insert "appointing authority"

 

Page 13, line 17, delete "Four" and insert "Three"

 

Page 13, line 18, delete "four" and insert "three"

 

Page 15, delete subdivision 1 and insert:

 

"Subdivision 1.  Membership.  (a) The Cannabis Advisory Council is created consisting of the following members:

 

(1) the executive director of the Cannabis Management Board; and

 

(2) four public members, appointed by the board.


Journal of the House - 56th Day - Thursday, May 13, 2021 - Top of Page 7051

(b) While serving on the Cannabis Advisory Council and within two years after terminating service, council members may not serve as a lobbyist, as defined under section 10A.01, subdivision 21."

 

Page 16, line 16 delete "governor" and insert "board"

 

Page 18, delete lines 24 to 27

 

Renumber the items in sequence

 

Page 28, delete line 24

 

Renumber the clauses in sequence

 

Page 29, delete section 14 and insert:

 

"Sec. 14.  [342.16] LICENSE SELECTION CRITERIA; MARKET STABILITY.

 

The board shall issue the necessary number of licenses in order to assure sufficient supply of cannabis and cannabis products to meet demand, provide market stability, and limit the sale of unregulated cannabis."

 

Page 55, delete subdivision 1

 

Renumber the subdivisions in sequence

 

Page 95, delete section 55

 

Page 96, delete section 56

 

Page 107, delete lines 9 to 11, 17, 20, and 22

 

Renumber the clauses in sequence

 

Page 107, line 27, after "(17)" insert "$4,000,000 in fiscal year 2023," and after "2024" insert a comma and delete "are"

 

Page 116, delete article 4

 

Page 192, line 25, delete "$8,882,000" and insert "$4,441,000"

 

Page 192, line 26, delete "$9,369,000" and insert "$4,685,000"

 

Page 192, line 27, delete "$22,274,000" and insert "$11,137,000"

 

Page 192, line 28, delete "$30,672,000" and insert "$15,336,000"

 

Page 193, delete lines 1 to 3

 

Page 193, line 4, delete "(d)" and insert "(c)"

 

Page 193, delete subdivision 7


Journal of the House - 56th Day - Thursday, May 13, 2021 - Top of Page 7052

Page 195, delete subdivisions 10 and 12

 

Renumber the subdivisions in sequence

 

Page 196, line 24, delete "$4,394,000" and insert "$2,197,000" and delete "$4,094,000" and insert "$2,047,000"

 

Page 196, line 26, delete "$4,114,000" and insert "$2,057,000"

 

Page 196, line 27, delete "$4,009,000" and insert "$2,005,000"

 

Page 197, line 2, delete "$0" and insert "$4,000,000"

 

Page 197, line 3, delete "$9,000,000" and insert "$12,000,000"

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

Garofalo moved to amend the Garofalo amendment to H. F. No. 600, the eighth engrossment, as amended, as follows:

 

Page 3, delete lines 1 to 5 and 8 to 9

 

Page 3, line 10, delete ", 17, 20, and 22"

 

Page 3, delete line 14

 

Page 3, line 15, delete "$4,441,000" and insert "$6,661,500"

 

Page 3, line 16, delete "$4,685,000" and insert "$7,026,750"

 

Page 3, line 17, delete "$11,137,000" and insert "$14,705,500"

 

Page 3, line 18, delete "$15,336,000" and insert "$21,004,000"

 

Page 3, delete lines 19 to 23

 

Page 3, line 24, delete "$2,197,000" and insert "$3,085,500"

 

Page 3, line 25, delete "$2,047,000" and insert "$3,070,500"

 

Page 3, line 26, delete "$2,057,000" and insert "$3,006,750"

 

Page 3, line 27, delete "$2,005,000" and insert "$3,006,750"

 

 

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

 

 

      Winkler requested a division of the Garofalo amendment, as amended, to H. F. No. 600, the eighth engrossment, as amended.


Journal of the House - 56th Day - Thursday, May 13, 2021 - Top of Page 7053

           The first portion of the Garofalo amendment, as amended, to H. F. No. 600, the eighth engrossment, as amended, reads as follows:

 

Page 15, delete subdivision 1 and insert:

 

"Subdivision 1.  Membership.  (a) The Cannabis Advisory Council is created consisting of the following members:

 

(1) the executive director of the Cannabis Management Board; and

 

(2) four public members, appointed by the board.

 

(b) While serving on the Cannabis Advisory Council and within two years after terminating service, council members may not serve as a lobbyist, as defined under section 10A.01, subdivision 21."

 

Page 16, line 16 delete "governor" and insert "board"

 

Page 18, delete lines 24 to 27

 

Renumber the items in sequence

 

Page 28, delete line 24

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion did not prevail and the first portion of the Garofalo amendment, as amended, was not adopted.

 

 

      The second portion of the Garofalo amendment, as amended, to H. F. No. 600, the eighth engrossment, as amended, reads as follows:

 

Page 10, delete subdivision 2 and insert:

 

"Subd. 2.  Membership.  (a) The Cannabis Management Board is composed of the following members:

 

(1) one member appointed by the speaker of the house;

 

(2) one member appointed by the leader of the largest minority caucus in the house of representatives;

 

(3) one member appointed by the senate Subcommittee on Committees of the Committee on Rules and Administration;

 

(4) one member appointed by the leader of the largest minority caucus in the senate; and

 

(5) one member appointed by the governor.

 

(b) In making appointments under paragraph (a), the appointing authority shall prioritize appointees that have experience in one or more of the following areas:


Journal of the House - 56th Day - Thursday, May 13, 2021 - Top of Page 7054

(1) oversight of production agriculture;

 

(2) corporate management, finance, or securities;

 

(3) public health, including mental health and substance use disorders;

 

(4) oversight of industry management, including commodities, production, or distribution in a regulated industry;

 

(5) administering and enforcing statutes and rules governing business operations;

 

(6) establishing and developing new economic opportunity programs;

 

(7) promoting social equity; and

 

(8) promoting economic and social renewal in communities that experienced long-term poverty; a disproportionate, negative impact from cannabis prohibition; or both.

 

(c) The members of the board shall elect one member to serve as chair.

 

(d) While serving on the board and within two years after terminating service, board members may not:

 

(1) have a direct or indirect financial interest in a cannabis business licensed under this chapter; or

 

(2) serve as a lobbyist, as defined under section 10A.01, subdivision 21."

 

Page 11, line 31, delete "three" and insert "two"

 

Page 12, line 1, delete "three" and insert "two"

 

Page 12, line 2, delete "three members" and insert "one member" and after "serve" insert "a" and delete "terms" and insert "term"

 

Page 12, line 3, delete "governor" and insert "appointing authority"

 

Page 12, line 5, delete "governor" and insert "appointing authority"

 

Page 13, line 17, delete "Four" and insert "Three"

 

Page 13, line 18, delete "four" and insert "three"

 

Page 55, delete subdivision 1

 

Renumber the subdivisions in sequence

 

Page 107, delete lines 9 to 11

 

Renumber the clauses in sequence

 

Page 107, line 27, after "(17)" insert "$4,000,000 in fiscal year 2023," and after "2024" insert a comma and delete "are"


Journal of the House - 56th Day - Thursday, May 13, 2021 - Top of Page 7055

Page 192, line 25, delete "$8,882,000" and insert "$6,661,500"

 

Page 192, line 26, delete "$9,369,000" and insert "$7,026,750"

 

Page 192, line 27, delete "$22,274,000" and insert "$14,705,500"

 

Page 192, line 28, delete "$30,672,000" and insert "$21,004,000"

 

Page 196, line 24, delete "$4,394,000" and insert "$3,085,000" and delete "$4,094,000" and insert "$3,070,500"

 

Page 196, line 26, delete "$4,114,000" and insert "$3,006,750"

 

Page 196, line 27, delete "$4,009,000" and insert "$3,006,750"

 

Page 197, line 2, delete "$0" and insert "$4,000,000"

 

Page 197, line 3, delete "$9,000,000" and insert "$12,000,000"

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the second portion of the Garofalo amendment, as amended, was adopted.

 

 

      The Speaker assumed the Chair.

 

 

      H. F. No. 600, as amended, was read for the third time.

 

 

MOTION TO LAY ON THE TABLE

 

      Daudt moved that H. F. No. 600, the eighth engrossment, as amended, be laid on the table.

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Daudt motion and the roll was called.  There were 63 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

Hertaus

Igo

Johnson

Jurgens

Kiel

Koznick

Kresha

Lucero

Lueck

McDonald

Mekeland

Miller

Mortensen

Mueller

Munson

Nash

Nelson, N.

Neu Brindley

Novotny

O'Driscoll

Olson, B.

O'Neill

Petersburg

Pfarr

Pierson

Quam

Raleigh

Rasmusson

Robbins

Schomacker

Scott

Swedzinski

Theis

Torkelson

Urdahl

West


 


Journal of the House - 56th Day - Thursday, May 13, 2021 - Top of Page 7056

           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

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.

 

 

      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; 273.13, subdivision 24; 275.025, subdivision 2; 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 3; 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; 152.21; 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.


Journal of the House - 56th Day - Thursday, May 13, 2021 - Top of Page 7057

           The bill, as amended, was placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 72 yeas and 61 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

Franke

Frazier

Frederick

Freiberg

Garofalo

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hausman

Her

Hollins

Hornstein

Howard

Huot

Jordan

Jurgens

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Lee

Liebling

Lillie

Lippert

Lislegard

Long

Mariani

Masin

Moller

Moran

Morrison

Mortensen

Munson

Nelson, M.

Noor

Olson, L.

Pinto

Pryor

Reyer

Richardson

Sandell

Schultz

Stephenson

Sundin

Thompson

Vang

Wazlawik

West

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

Franson

Green

Grossell

Gruenhagen

Haley

Hamilton

Heinrich

Heintzeman

Hertaus

Igo

Johnson

Kiel

Koznick

Kresha

Lucero

Lueck

Marquart

McDonald

Mekeland

Miller

Mueller

Murphy

Nash

Nelson, N.

Neu Brindley

Novotny

O'Driscoll

Olson, B.

O'Neill

Pelowski

Petersburg

Pfarr

Pierson

Quam

Raleigh

Rasmusson

Robbins

Sandstede

Schomacker

Scott

Swedzinski

Theis

Torkelson

Urdahl


 

 

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

 

 

MOTIONS AND RESOLUTIONS

 

 

      Dettmer moved that the name of Olson, B., be added as an author on H. F. No. 198.  The motion prevailed.

 

      Masin moved that the name of Vang be added as an author on H. F. No. 2557.  The motion prevailed.

 

     

ADJOURNMENT

 

      Winkler moved that when the House adjourns today it adjourn until 4:30 p.m., Friday, May 14, 2021.  The motion prevailed.

 

      Winkler moved that the House adjourn.  The motion prevailed, and the Speaker declared the House stands adjourned until 4:30 p.m., Friday, May 14, 2021.

 

 

Patrick D. Murphy, Chief Clerk, House of Representatives


Journal of the House - 56th Day - Thursday, May 13, 2021 - Top of Page 7058