Journal of the House - 101st Day - Friday, May 9, 2014

A quorum was present.

Abeler, Beard, FitzSimmons, Fritz, Holberg and Ward, J.E., were excused.

Mack was excused until 11:55 a.m. Hilstrom was excused until 12:25 p.m. Hoppe was excused until 12:35 p.m. Zerwas was excused until 1:40 p.m.

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

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REPORTS OF CHIEF CLERK

S. F. No. 2546 and H. F. No. 2574, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

SUSPENSION OF RULES

Slocum moved that the rules be so far suspended that S. F. No. 2546 be substituted for H. F. No. 2574 and that the House File be indefinitely postponed. The motion prevailed.

REPORTS OF STANDING COMMITTEES AND DIVISIONS

Murphy, E., from the Committee on Rules and Legislative Administration to which was referred:

H. F. No. 1068, A bill for an act relating to capital investment; appropriating money for capital improvement projects; modifying grant programs; authorizing the Housing Finance Agency to issue housing infrastructure bonds; amending Minnesota Statutes 2012, sections 12A.16, subdivision 5; 174.50, subdivisions 6b, 7; 174.52, subdivision 3; 462A.37, subdivision 2, by adding subdivisions.

Reported the same back with the recommendation that the bill be placed on the General Register.

Joint Rule 2.03 has been waived for any subsequent committee action on this bill.

The report was adopted.

Murphy, E., from the Committee on Rules and Legislative Administration to which was referred:

H. F. No. 2490, A bill for an act relating to capital investment; authorizing spending to acquire and better public land and buildings and other improvements of a capital nature with certain conditions; modifying previous appropriations; establishing new programs and modifying existing programs; authorizing the use of negotiated sales; authorizing the transfer of state bond-financed property; authorizing the sale and issuance of state bonds; appropriating money; amending Minnesota Statutes 2012, sections 16A.641, by adding a subdivision; 16A.642, subdivisions 1, 2; 16A.695, by adding a subdivision; 134.45, subdivision 5b; 135A.034, subdivision 2; Laws 2008, chapter 179, section 16, subdivision 5; Laws 2009, chapter 93, article 1, section 11, subdivision 4; Laws 2010, chapter 189, sections 15, subdivision 5; 21, subdivision 11; Laws 2011, First Special Session chapter 12, section 18, subdivision 5; Laws 2012, chapter 293, sections 19, subdivision 4; 21, subdivision 6; Laws 2012, First Special Session chapter 1, article 1, section 9, subdivision 3; article 2, section 4, subdivision 2; Laws 2013, chapter 136, sections 4; 7; proposing coding for new law in Minnesota Statutes, chapter 116J.

Reported the same back with the recommendation that the bill be placed on the General Register.

Joint Rule 2.03 has been waived for any subsequent committee action on this bill.

The report was adopted.

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Murphy, E., from the Committee on Rules and Legislative Administration to which was referred:

H. F. No. 3368, A resolution memorializing the President and Congress concerning the detention and torture of the Somali people in Kenya.

Reported the same back with the recommendation that the bill be placed on the General Register.

Joint Rule 2.03 has been waived for any subsequent committee action on this bill.

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 1068, 2490 and 3368 were read for the second time.

SECOND READING OF SENATE BILLS

S. F. No. 2546 was read for the second time.

Clark was excused between the hours of 11:20 a.m. and 1:45 p.m.

Anderson, M., was excused for the remainder of today's session.

Murphy, E., moved that the House recess subject to the call of the Chair. The motion prevailed.

RECESS

RECONVENED

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

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned:

H. F. No. 2265, A bill for an act relating to elections; voters; authorizing secretary of state to obtain certain data from Department of Public Safety; authorizing secretary of state to share certain data; amending Minnesota Statutes 2012, sections 171.12, subdivision 7a; 201.13, subdivision 3.

JoAnne M. Zoff, Secretary of the Senate

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Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned:

H. F. No. 2543, A bill for an act relating to environment; classifying certain data; modifying certain reporting requirements; modifying and creating certain permitting efficiencies; modifying duties of Pollution Control Agency; modifying administrative penalty order and field citation provisions; providing civil penalties; requiring rulemaking; appropriating money; amending Minnesota Statutes 2012, sections 13.741, by adding a subdivision; 84.027, subdivision 14a, by adding a subdivision; 115.03, subdivisions 1, 10; 115.551; 116.03, subdivision 2b; 116.07, subdivision 4d; 116.072, subdivision 2; 116.073, subdivisions 1, 2; 116J.035, subdivision 8.

JoAnne M. Zoff, Secretary of the Senate

Mr. Speaker:

I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:

H. F. No. 2092, A bill for an act relating to motor vehicles; license plates; authorizing a veteran's special motorcycle plate for combat wounded veterans; amending Minnesota Statutes 2012, section 168.123, subdivision 1.

The Senate has appointed as such committee:

Senators Sheran, Pratt and Tomassoni.

Said House File is herewith returned to the House.

JoAnne M. Zoff, Secretary of the Senate

Mr. Speaker:

I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:

H. F. No. 2214, A bill for an act relating to transportation; making technical changes to provisions affecting the Department of Transportation; clarifying contracting requirements; modifying U-turn rules; providing bridge inspection authority in certain instances; modifying seasonal load restrictions; modifying Web site requirements to advertise for bids; modifying reporting requirements; modifying appropriations; amending Minnesota Statutes 2012, sections 16A.124, subdivision 5; 161.32, subdivision 5; 162.06, subdivision 1; 162.081, subdivision 4; 162.12, subdivision 1; 165.03, subdivision 3; 165.12, subdivision 1; 169.19, subdivision 2; 169.781, subdivision 10; 169.782, subdivision 4; 169.865, subdivision 2; 169.87, subdivision 6; 171.02, subdivision 2; 171.03; 174.37, subdivision 6; 221.031, by adding subdivisions; 331A.12; Minnesota Statutes 2013 Supplement, sections 161.44, subdivision 1a; 169.19, subdivision 1; 174.12, subdivision 2; Laws 2010, chapter 189, sections 15, subdivision 12; 26, subdivision 4; Laws 2012, chapter 287, article 2, sections 1; 3; Laws 2012, First Special Session chapter 1, article 1, section 28; Laws 2013, chapter 127, section 67; repealing Minnesota Statutes 2012, section 161.115, subdivision 240; Minnesota Statutes 2013 Supplement, section 221.0314, subdivision 9a.

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The Senate has appointed as such committee:

Senators Reinert, Dibble and Gazelka.

Said House File is herewith returned to the House.

JoAnne M. Zoff, Secretary of the Senate

Mr. Speaker:

I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:

H. F. No. 2446, A bill for an act relating to public safety; granting the Board of Pharmacy cease and desist authority to prevent the sale of synthetic drugs; modifying laws governing misbranding drugs, adulterated drugs; expanding the definition of drug; repealing the sunset and legislative reporting requirement for the Board of Pharmacy's emergency drug scheduling authority; providing for mandatory restitution when a person is convicted for selling controlled substance under false pretense of being legal; establishing a public education plan; appropriating money; amending Minnesota Statutes 2012, sections 151.01, subdivision 5; 151.06, subdivision 1a, by adding a subdivision; 151.26, subdivision 1; 151.34; 151.35; 151.36; 152.02, subdivision 8b; proposing coding for new law in Minnesota Statutes, chapter 152.

The Senate has appointed as such committee:

Senators Reinert, Eaton and Miller.

Said House File is herewith returned to the House.

JoAnne M. Zoff, Secretary of the Senate

Mr. Speaker:

I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:

H. F. No. 2536, A bill for an act relating to state government; providing for the Women's Economic Security Act; requiring equal pay certificates of compliance; modifying workforce development provisions; creating women and high-wage, high-demand, nontraditional jobs grant program; modifying eligibility for unemployment insurance benefits; offering women entrepreneurs business development competitive grants; requiring a report on a potential state-administered retirement savings plan; modifying parenting leave, sick leave, and pregnancy accommodations; providing employment protections for women and family caregivers; providing wage disclosure protection; modifying the award of early childhood scholarships; appropriating money; amending Minnesota Statutes 2012, sections 13.552, by adding a subdivision; 181.939; 181.940, subdivision 2; 181.941; 181.943; 268.095, subdivisions 1, 6; 363A.03, by adding a subdivision; 363A.08, subdivisions 1, 2, 3, 4, by adding subdivisions; Minnesota Statutes 2013 Supplement, sections 116L.665, subdivision 2; 124D.165, subdivision 3; 181.9413; proposing coding for new law in Minnesota Statutes, chapters 116L; 181; 363A.

The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.

JoAnne M. Zoff, Secretary of the Senate

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Mr. Speaker:

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

S. F. No. 2065, A bill for an act relating to labor and industry; extending an independent contractor registration pilot project; exempting certain sawmills from high pressure boiler attendance requirements; amending Minnesota Statutes 2012, sections 181.723, subdivisions 4, 4a, 5, 7; 326B.988; proposing coding for new law in Minnesota Statutes, chapter 326B.

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

Senators Schmit, Sparks and Dahms.

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

JoAnne M. Zoff, Secretary of the Senate

Mahoney moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 2065. The motion prevailed.

Mr. Speaker:

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

H. F. No. 2654, A bill for an act relating to public safety; eliminating part-time peace officer licensure; amending Minnesota Statutes 2012, section 626.8468, subdivision 1; repealing Minnesota Statutes 2012, sections 626.8462; 626.8464; 626.8465, subdivision 3; 626.8468, subdivision 2; Minnesota Rules, part 6700.1101, subparts 5, 6.

JoAnne M. Zoff, Secretary of the Senate

CONCURRENCE AND REPASSAGE

Cornish moved that the House concur in the Senate amendments to H. F. No. 2654 and that the bill be repassed as amended by the Senate. The motion prevailed.

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

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The question was taken on the repassage of the bill and the roll was called. There were 100 yeas and 22 nays as follows:

Those who voted in the affirmative were:

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

Mr. Speaker:

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

S. F. No. 2175, A bill for an act relating to state government; prohibiting state agencies from paying more than ten percent over the appraised value to acquire real property; proposing coding for new law in Minnesota Statutes, chapter 16B.

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

Senators Bonoff, Miller and Clausen.

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

JoAnne M. Zoff, Secretary of the Senate

Pelowski moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 2175. The motion prevailed.

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Mr. Speaker:

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

H. F. No. 2402, A bill for an act relating to state government; making changes to health and human services policy provisions; modifying provisions relating to children and family services, the provision of health services, chemical and mental health services, health-related occupations, Department of Health, public health, continuing care, public assistance programs, and health care; establishing reporting requirements and grounds for disciplinary action for health professionals; making changes to the medical assistance program; modifying provisions governing juvenile safety and placement; regulating the sale and use of tobacco-related and electronic delivery devices; modifying requirements for local boards of health; making changes to provisions governing the Board of Pharmacy; modifying home and community-based services standards; revising the Minnesota family investment program; establishing and modifying task forces and advisory councils; making changes to grant programs; modifying certain penalty fees; requiring studies and reports; amending Minnesota Statutes 2012, sections 13.46, subdivision 2; 62J.497, subdivision 5; 119B.02, subdivision 2; 119B.09, subdivisions 6, 13; 144.1501, subdivision 1; 144.414, by adding a subdivision; 144.4165; 144D.065; 144E.101, subdivision 6; 145.928, by adding a subdivision; 145A.02, subdivisions 5, 15, by adding subdivisions; 145A.03, subdivisions 1, 2, 4, 5, by adding a subdivision; 145A.04, as amended; 145A.05, subdivision 2; 145A.06, subdivisions 2, 5, 6, by adding subdivisions; 145A.07, subdivisions 1, 2; 145A.08; 145A.11, subdivision 2; 145A.131; 148.01, subdivisions 1, 2, by adding a subdivision; 148.105, subdivision 1; 148.6402, subdivision 17; 148.6404; 148.6430; 148.6432, subdivision 1; 148.7802, subdivisions 3, 9; 148.7803, subdivision 1; 148.7805, subdivision 1; 148.7808, subdivisions 1, 4; 148.7812, subdivision 2; 148.7813, by adding a subdivision; 148.7814; 148.995, subdivision 2; 148B.5301, subdivisions 2, 4; 149A.92, by adding a subdivision; 150A.01, subdivision 8a; 150A.06, subdivisions 1, 1a, 1c, 1d, 2, 2a, 2d, 3, 8; 150A.091, subdivision 16; 150A.10; 151.01; 151.06; 151.211; 151.26; 151.34; 151.35; 151.361, subdivision 2; 151.37, as amended; 151.44; 151.58, subdivisions 2, 3, 5; 153.16, subdivisions 1, 2, 3, by adding subdivisions; 214.103, subdivisions 2, 3; 214.12, by adding a subdivision; 214.29; 214.31; 214.32; 214.33, subdivision 3, by adding a subdivision; 245A.02, subdivision 19; 245A.03, subdivision 6a; 245A.155, subdivisions 1, 2, 3; 245A.65, subdivision 2; 245C.04, by adding a subdivision; 253B.092, subdivision 2; 254B.01, by adding a subdivision; 254B.05, subdivision 5; 256.962, by adding a subdivision; 256B.0654, subdivision 1; 256B.0659, subdivisions 11, 28; 256B.0751, by adding a subdivision; 256B.493, subdivision 1; 256B.5016, subdivision 1; 256B.69, subdivision 16, by adding a subdivision; 256D.01, subdivision 1e; 256D.05, by adding a subdivision; 256D.405, subdivision 1; 256E.30, by adding a subdivision; 256G.02, subdivision 6; 256I.03, subdivision 3; 256I.04, subdivisions 1a, 2a; 256J.09, subdivision 3; 256J.20, subdivision 3; 256J.30, subdivisions 4, 12; 256J.32, subdivisions 6, 8; 256J.38, subdivision 6; 256J.49, subdivision 13; 256J.521, subdivisions 1, 2; 256J.53, subdivisions 2, 5; 256J.626, subdivisions 5, 8; 256J.67; 256J.68, subdivisions 1, 2, 4, 7, 8; 256J.751, subdivision 2; 256K.26, subdivision 4; 260C.157, subdivision 3; 260C.215, subdivisions 4, 6, by adding a subdivision; 325H.05; 325H.09; 393.01, subdivisions 2, 7; 461.12; 461.18; 461.19; 609.685; 609.6855; 626.556, subdivision 11c; 626.5561, subdivision 1; Minnesota Statutes 2013 Supplement, sections 144.1225, subdivision 2; 144.493, subdivisions 1, 2; 144A.474, subdivisions 8, 12; 144A.475, subdivision 3, by adding subdivisions; 145.4716, subdivision 2; 145A.06, subdivision 7; 151.252, by adding a subdivision; 245A.1435; 245A.50, subdivision 5; 245D.02, by adding a subdivision; 245D.05, subdivisions 1, 1b; 245D.06, subdivision 1; 245D.07, subdivision 2; 245D.071, subdivisions 1, 3, 4, 5; 245D.09, subdivisions 3, 4, 4a, 5; 245D.095, subdivision 3; 245D.22, subdivision 4; 245D.31, subdivisions 3, 4, 5; 245D.33; 254A.035, subdivision 2; 254A.04; 256B.04, subdivision 21; 256B.0625, subdivision 9; 256B.0659, subdivision 21; 256B.0922, subdivision 1; 256B.4912, subdivision 10; 256B.492; 256B.766; 256B.85, subdivision 12; 256J.21, subdivision 2; 256J.24, subdivision 3; 256J.621, subdivision 1; 256J.626, subdivisions 6, 7; 260.835, subdivision 2; 626.556, subdivision 7; 626.557, subdivision 9; Laws 2011, First Special Session chapter 9, article 7, section 7; Laws 2013, chapter 108, article 7, section 60; proposing coding for new law in Minnesota Statutes, chapters 144; 144D; 150A; 151; 214; 245A; 260D; 325F; 325H; 403; 461; repealing Minnesota Statutes 2012, sections 145A.02, subdivision 2; 145A.03, subdivisions 3, 6; 145A.09, subdivisions 1, 2, 3, 4, 5, 7; 145A.10, subdivisions 1, 2, 3, 4, 5a, 7, 9, 10; 145A.12, subdivisions 1, 2, 7; 148.01, subdivision 3; 148.7808, subdivision 2; 148.7813; 214.28; 214.36; 214.37;

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256.01, subdivision 32; 325H.06; 325H.08; Minnesota Statutes 2013 Supplement, sections 148.6440; 245D.071, subdivision 2; Laws 2011, First Special Session chapter 9, article 6, section 95, subdivisions 1, 2, 3, 4; Minnesota Rules, parts 2500.0100, subparts 3, 4b, 9b; 2500.4000; 9500.1126; 9500.1450, subpart 3; 9500.1452, subpart 3; 9500.1456; 9505.5300; 9505.5305; 9505.5310; 9505.5315; 9505.5325; 9525.1580.

JoAnne M. Zoff, Secretary of the Senate

Liebling moved that the House refuse to concur in the Senate amendments to H. F. No. 2402, that the Speaker appoint a Conference Committee of 5 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.

Mr. Speaker:

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

S. F. No. 2343.

JoAnne M. Zoff, Secretary of the Senate

FIRST READING OF SENATE BILLS

S. F. No. 2343, A bill for an act relating to state government; modifying investment reporting; amending Minnesota Statutes 2012, section 471.6175, subdivision 4.

The bill was read for the first time.

Murphy, M., moved that S. F. No. 2343 and H. F. No. 2945, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

The following Conference Committee Report was received:

CONFERENCE COMMITTEE REPORT ON H. F. No. 1984

A bill for an act relating to state government; providing for enhancement of accountability and transparency in public construction; establishing a requirement for a definition of responsible contractor; proposing coding for new law in Minnesota Statutes, chapter 16C.

May 8, 2014

The Honorable Paul Thissen

Speaker of the House of Representatives

The Honorable Sandra L. Pappas

President of the Senate

We, the undersigned conferees for H. F. No. 1984 report that we have agreed upon the items in dispute and recommend as follows:

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That the House concur in the Senate amendments and that H. F. No. 1984 be further amended as follows:

Delete everything after the enacting clause and insert:

"Section 1. [16C.285] RESPONSIBLE CONTRACTOR REQUIREMENT DEFINED.

Subdivision 1. Definitions. (a) For purposes of this section, the terms defined in this subdivision have the meanings given them.

(b) "Construction contract" means a contract or subcontract of any tier for work on a project.

(d) "Contracting authority" means a state agency, the Minnesota State Colleges and Universities, the University of Minnesota, the Metropolitan Council, the Metropolitan Airports Commission, or a municipality that enters into a construction contract or authorizes or directs entering into a construction contract.

(e) "Municipality" means a county, town, home rule charter or statutory city, school district, housing and redevelopment authority, port authority, economic development authority, sports facilities authority, joint powers board or organization created under section 471.59 or other statute, special district, instrumentality, drainage authority, watershed district, destination medical center corporation, or other municipal corporation or political subdivision of the state authorized by law to enter into contracts.

(f) "Prime contractor" means a vendor that submits a bid or proposal or otherwise responds to a solicitation document of a contracting authority for work on a project or is awarded a construction contract by a contracting authority for work on a project. A prime contractor includes a construction manager for purposes of this section.

(g) "Principal" means an owner holding at least a 25 percent ownership interest in a business.

(h) "Project" means building, erection, construction, alteration, remodeling, demolition, or repair of buildings, real property, highways, roads, bridges, or other construction work performed pursuant to a construction contract.

(i) "Related entity" means:

(1) a firm, partnership, corporation, joint venture, or other legal entity substantially under the control of a contractor or vendor;

(2) a predecessor corporation or other legal entity having one or more of the same principals as the contractor or vendor;

(3) a subsidiary of a contractor or vendor;

(4) one or more principals of a contractor or vendor; and

(5) a person, firm, partnership, corporation, joint venture, or other legal entity that substantially controls a contractor or vendor.

(j) "Solicitation document" means an invitation to bid, bid specifications, request for proposals, request for qualifications, or other solicitation of contractors for purposes of a construction contract.

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(k) "Subcontractor" means a vendor that seeks to enter into a subcontract or enters into a subcontract for work on a project.

(l) "Vendor" means a business, including a construction contractor or a natural person, and includes both if the natural person is engaged in a business.

Subd. 2. Responsible contractor required. (a) A contractor must meet the minimum criteria in subdivision 3 to be eligible to be awarded a construction contract as the lowest responsible bidder or the vendor or contractor offering the best value as provided in section 16C.28, 103D.811, 103E.505, 116A.13, 123B.52, 160.17, 160.262, 161.32, 161.3206, 161.3209, 161.38, 162.17, 365.37, 374.13, 375.21, 383C.094, 412.311, 429.041, 458D.21, 469.015, 469.068, 469.101, 471.345, 473.4057, 473.523, 473.652, 473.756, 473J.11, or any of their successor provisions.

(b) This section applies to publicly owned or financed projects where the contracting authority's construction contract with the prime contractor is estimated to exceed $50,000 and is awarded pursuant to a lowest responsible bidder selection method or a best value selection method. A subcontractor must meet the minimum criteria in subdivision 3 to be eligible to be awarded a subcontract on a project regardless of the value of the subcontract.

(c) If only one prime contractor responds to a solicitation document, a contracting authority may award a construction contract to the responding prime contractor even if the minimum criteria in subdivision 3 are not met.

Subd. 3. Minimum criteria. "Responsible contractor" means a contractor that conforms to the responsibility requirements in the solicitation document for its portion of the work on the project and verifies that it meets the following minimum criteria:

(1) the contractor:

(i) is in compliance with workers' compensation and unemployment insurance requirements;

(ii) is currently registered with the Department of Revenue and the Department of Employment and Economic Development if it has employees;

(iii) has a valid federal tax identification number or a valid Social Security number if an individual; and

(iv) has filed a certificate of authority to transact business in Minnesota with the secretary of state if a foreign corporation or cooperative;

(2) the contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 177.24, 177.25, 177.41 to 177.44, 181.13, 181.14, or 181.722, and has not violated United States Code, title 29, sections 201 to 219, or United States Code, title 40, sections 3141 to 3148. For purposes of this clause, a violation occurs when a contractor or related entity:

(i) repeatedly fails to pay statutorily required wages or penalties on one or more separate projects for a total underpayment of $25,000 or more within the three-year period;

(ii) has been issued an order to comply by the commissioner of labor and industry that has become final;

(iii) has been issued at least two determination letters within the three-year period by the Department of Transportation finding an underpayment by the contractor or related entity to its own employees;

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(iv) has been found by the commissioner of labor and industry to have repeatedly or willfully violated any of the sections referenced in this clause pursuant to section 177.27;

(v) has been issued a ruling or findings of underpayment by the administrator of the Wage and Hour Division of the United States Department of Labor that have become final or have been upheld by an administrative law judge or the Administrative Review Board; or

(vi) has been found liable for underpayment of wages or penalties or misrepresenting a construction worker as an independent contractor in an action brought in a court having jurisdiction.

Provided that, if the contractor or related entity contests a determination of underpayment by the Department of Transportation in a contested case proceeding, a violation does not occur until the contested case proceeding has concluded with a determination that the contractor or related entity underpaid wages or penalties;

(3) the contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 181.723 or chapter 326B. For purposes of this clause, a violation occurs when a contractor or related entity has been issued a final administrative or licensing order;

(4) the contractor or related entity has not, more than twice during the three-year period before submitting the verification, had a certificate of compliance under section 363A.36 revoked or suspended based on the provisions of section 363A.36, with the revocation or suspension becoming final because it was upheld by the Office of Administrative Hearings or was not appealed to the office;

(5) the contractor or related entity has not received a final determination assessing a monetary sanction from the Department of Administration or Transportation for failure to meet targeted group business, disadvantaged business enterprise, or veteran-owned business goals, due to a lack of good faith effort, more than once during the three-year period before submitting the verification;

(6) the contractor or related entity is not currently suspended or debarred by the federal government or the state of Minnesota or any of its departments, commissions, agencies, or political subdivisions; and

(7) all subcontractors that the contractor intends to use to perform project work have verified to the contractor through a signed statement under oath by an owner or officer that they meet the minimum criteria listed in clauses (1) to (6).

Any violations, suspensions, revocations, or sanctions, as defined in clauses (2) to (5), occurring prior to July 1, 2014, shall not be considered in determining whether a contractor or related entity meets the minimum criteria.

Subd. 4. Verification of compliance. A contractor responding to a solicitation document of a contracting authority shall submit to the contracting authority a signed statement under oath by an owner or officer verifying compliance with each of the minimum criteria in subdivision 3 at the time that it responds to the solicitation document. A contracting authority may accept a sworn statement as sufficient to demonstrate that a contractor is a responsible contractor and shall not be held liable for awarding a contract in reasonable reliance on that statement. Failure to verify compliance with any one of the minimum criteria or a false statement under oath in a verification of compliance shall render the prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction contract on the project for which the verification was submitted. A false statement under oath verifying compliance with any of the minimum criteria may result in termination of a construction contract that has already been awarded to a prime contractor or subcontractor that submits a false statement. A contracting authority shall not be liable for declining to award a contract or terminating a contract based on a reasonable determination that the contractor failed to verify compliance with the minimum criteria or falsely stated that it meets the minimum criteria.

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Subd. 5. Subcontractor verification. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first-tier subcontractors that it intends to retain for work on the project. If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors. A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause (7). A prime contractor and subcontractors shall not be responsible for the false statements of any subcontractor with which they do not have a direct contractual relationship. A prime contractor and subcontractors shall be responsible for false statements by their first-tier subcontractors with which they have a direct contractual relationship only if they accept the verification of compliance with actual knowledge that it contains a false statement.

Subd. 6. Additional criteria. Nothing in this section shall restrict the discretion of a contracting authority to establish additional criteria for defining a responsible contractor.

Subd. 7. Implementation. The definition of responsible contractor, as defined in subdivision 3, or a statement that the term responsible contractor as used in the solicitation document means a contractor as defined in subdivision 3, shall be included in the solicitation document for all projects covered by this section. The solicitation document for any project shall state that any prime contractor or subcontractor that does not meet the minimum criteria in subdivision 3 or fails to verify that it meets those criteria is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project. The solicitation document shall provide that a false statement under oath verifying compliance with any of the minimum criteria shall render the prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction contract on the project and may result in termination of a contract awarded to a prime contractor or subcontractor that submits a false statement. The solicitation document shall state that a prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause (7).

Subd. 8. Effective date. This section is effective January 1, 2015, and shall apply to all construction contracts entered into based on solicitation documents issued on or after that date."

Delete the title and insert:

"A bill for an act relating to state government; providing for enhancement of accountability and transparency in public construction; establishing a requirement for and a definition of responsible contractor; proposing coding for new law in Minnesota Statutes, chapter 16C."

We request the adoption of this report and repassage of the bill.

House Conferees: Mike Sundin, Joe Mullery and Nick Zerwas.

Senate Conferees: Tom Saxhaug, Jeff Hayden and Karin Housley.

Sundin moved that the report of the Conference Committee on H. F. No. 1984 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.

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H. F. No. 1984, A bill for an act relating to state government; providing for enhancement of accountability and transparency in public construction; establishing a requirement for a definition of responsible contractor; proposing coding for new law in Minnesota Statutes, chapter 16C.

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

The question was taken on the repassage of the bill and the roll was called. There were 84 yeas and 38 nays as follows:

Those who voted in the affirmative were:

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

ANNOUNCEMENTS BY THE SPEAKER

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 2402:

Liebling, Loeffler, Halverson, Morgan and Mack.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 2065:

Mahoney; Ward, J.E., and Gunther.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 2175:

Carlson, Pelowski and Drazkowski.

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The following Conference Committee Reports were received:

CONFERENCE COMMITTEE REPORT ON H. F. No. 2834

A bill for an act relating to energy; modifying, adding, or authorizing provisions governing medically necessary equipment, propane sales, low-income rate discounts, interconnection of distributed renewable generation, electric vehicle charging tariffs, on-bill payment programs, energy efficiency programs, emissions reduction planning, certificates of need, solar energy systems, and transmission lines; requiring a report; amending Minnesota Statutes 2012, sections 216B.098, subdivision 5; 216B.16, subdivision 14; 216B.1611, by adding a subdivision; 216B.241, by adding a subdivision; 216B.2422, by adding a subdivision; 216B.243, subdivision 8; 216C.41, subdivision 4; 216C.436, subdivision 4, by adding a subdivision; 216E.01, by adding a subdivision; 216E.04, subdivision 2; 239.051, subdivision 29; 239.785, by adding a subdivision; 325E.027; 515.07; 515B.2-103; 515B.3-102; Laws 2013, chapter 57, section 2; Laws 2014, chapter 145, section 1; proposing coding for new law in Minnesota Statutes, chapters 216B; 216E; 500; repealing Minnesota Rules, parts 3300.0800; 3300.0900; 3300.1000, subparts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 22, 23, 24, 25, 25a, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36; 3300.1100; 3300.1200; 3300.1300; 3300.1400; 3300.1500; 3300.1600; 3300.1700; 3300.1800; 3300.1900; 7607.0100; 7607.0110; 7607.0120; 7607.0130; 7607.0140; 7607.0150; 7607.0160; 7607.0170; 7607.0180; 7610.0300; 7685.0100; 7685.0120; 7685.0130; 7685.0140.

May 7, 2014

The Honorable Paul Thissen

Speaker of the House of Representatives

The Honorable Sandra L. Pappas

President of the Senate

We, the undersigned conferees for H. F. No. 2834 report that we have agreed upon the items in dispute and recommend as follows:

That the Senate recede from its amendments and that H. F. No. 2834 be further amended as follows:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2012, section 16C.144, subdivision 3, is amended to read:

Subd. 3. Lease purchase agreement. The commissioner may enter into a lease purchase agreement with any party for the implementation of utility cost-savings measures in accordance with the guaranteed energy-savings agreement. The implementation costs of the utility cost-savings measures recommended in the engineering report shall not exceed the amount to be saved in utility and operation and maintenance costs over the term of the lease purchase agreement. The term of the lease purchase agreement shall not exceed 15 25 years from the date of final installation. The lease is assignable in accordance with terms approved by the commissioner of management and budget.

Sec. 2. Minnesota Statutes 2012, section 216B.098, subdivision 5, is amended to read:

Subd. 5. Medically necessary equipment. (a) A utility shall reconnect or continue service to a customer's residence where a medical emergency exists or where medical equipment requiring electricity necessary to sustain life is in use, provided that the utility receives ~~from a medical doctor~~ written certification, or initial certification by telephone and written certification within five business days, that failure to reconnect or continue service will impair or threaten the health or safety of a resident of the customer's household. ~~The customer must enter into a payment agreement.~~

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(b) Certification of the necessity for service is required. Certification may be provided by:

(1) a licensed medical doctor;

(2) a licensed physician assistant;

(3) an advanced practice registered nurse, as defined in section 148.171; or

(4) a registered nurse, but only to the extent of verifying the current diagnosis or prescriptions made by a licensed medical doctor for the customer or member of the customer's household.

(c) Except as provided in paragraph (d), a certification may not extend beyond six months from the date of written certification.

(d) If a utility determines that a longer certification is appropriate given a particular customer's circumstances, the utility may, at its sole discretion, extend the duration of a certification for up to 12 months.

(e) A certification may be renewed, provided that the renewal complies with this subdivision. A certification may be renewed by the same or another medical professional who meets the qualifications of paragraph (b).

(f) A customer whose account is in arrears must contact and enter into a payment agreement with the utility. The payment agreement must consider a customer's financial circumstances and any extenuating circumstances of the household. The payment agreement may, at the discretion of the utility, contain a provision by which the utility forgives all or a portion of the amount in which the account is in arrears, which, if implemented, extinguishes individual liability for the amount forgiven.

Sec. 3. [216B.0991] DEFINITIONS.

Subdivision 1. Scope. For the purposes of sections 216B.0991 to 216B.0995, the terms defined in this section have the meanings given them.

Subd. 2. Customer. "Customer" means a person who has an established relationship with a propane distributor and whose propane system meets the safety guidelines established by the propane distributor for residential heating service.

Subd. 3. LIHEAP. "LIHEAP" means the low-income home energy assistance program.

Subd. 4. Propane distributor. "Propane distributor" means a person who sells propane at retail to customers as their primary residential heat source; propane distributors are not public utilities.

Subd. 5. Residential heating service. "Residential heating service" means the provision of the primary source of heat for the interior of a residential structure.

Sec. 4. [216B.0992] PRICE AND FEE DISCLOSURE.

A propane distributor must provide a document listing the current per-gallon price of propane and all additional charges, fees, and discounts that pertain to residential heating service. The document must be:

(1) made available to the general public upon request; and

(2) provided to new customers before residential heating service is initiated.

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Sec. 5. [216B.0993] BUDGET PAYMENT PLAN.

(a) A propane distributor who offers customers a budget payment plan must make that same plan available to all customers, including those who participate in the LIHEAP program.

(b) A budget payment plan must equalize a customer's estimated annual propane bill by dividing it into equal monthly payments. Any budget plan started after the propane distributor's traditional budget plan start date will be divided by the remaining months in the budget plan year. Any positive balance remaining at the end of a year may, at the customer's discretion, be provided to the customer as a cash payment or carried over as a credit on the customer's bill for the next year.

(c) A propane distributor must notify a customer on a budget payment plan of a price or fee change that may affect the monthly amount due under the budget payment plan by more than 20 percent.

(d) A propane distributor may alter or terminate the plan if a customer has failed to pay two monthly payments during the period of the budget payment plan. In lieu of the requirements of this section, the parties may enter into a mutually agreeable plan.

Sec. 6. [216B.0994] PROPANE PURCHASE CONTRACTS.

A propane distributor is prohibited from adding any service, distribution, transportation, or similar fees to customer billings for those customers who have entered into a contract for prepurchasing or capitated pricing of propane for the period of the contract provided that:

(1) the customer has met all obligations of that contract; and

(2) the propane distributor can receive product from its contracted supply points and a force majeure has not been declared by the propane distributor's supplier.

Sec. 7. [216B.0995] TERMS OF SALE.

Subdivision 1. Cash sales. A propane distributor with an available supply of propane must not refuse to sell propane to a customer who:

(1) pays the distributor's established price upon delivery in cash, by certified or cashier's check, or by commercial money order or its equivalent; or

(2) receives energy assistance from LIHEAP or a governmental or private agency that has funds available to pay for a delivery.

Subd. 2. LIHEAP participation; delivery. A propane distributor who accepts LIHEAP payments must, upon request, make available to its customers information regarding LIHEAP, including income eligibility and contact information for organizations accepting LIHEAP applications.

Subd. 3. Third-party credit disclosure. A propane distributor must not make known the names of past or present delinquent customers to other propane distributors, except in the course of a routine credit check performed when a prospective customer applies for credit privileges.

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Sec. 8. Minnesota Statutes 2012, section 216B.16, subdivision 14, is amended to read:

Subd. 14. Low-income electric rate discount. A public utility shall fund an affordability program for low-income customers ~~in an amount based on a 50 percent electric rate discount on the first 400 kilowatt-hours consumed in a billing period for low-income residential customers of the utility~~ at a base annual funding level of $8,000,000. The annual funding level shall increase in the calendar years subsequent to each commission approval of a rate increase for the public utility's residential customers by the same percentage as the approved residential rate increase. Costs for the program shall be included in the utility's base rate. For the purposes of this subdivision, "low-income" describes a customer who is receiving assistance from the federal low-income home energy assistance program. The affordability program must be designed to target participating customers with the lowest incomes and highest energy costs in order to lower the percentage of income they devote to energy bills, increase their payments, lower utility service disconnections, and ~~lower~~ decrease costs associated with collection activities on their accounts. For low-income customers who are 62 years of age or older or disabled, the program must~~, in addition to any other program benefits,~~ include a ~~50 percent electric rate discount on the first 400 kilowatt-hours consumed in a~~ $15 discount in each billing period. For the purposes of this subdivision, "public utility" includes only those public utilities with more than 200,000 residential electric service customers. The commission may issue orders necessary to implement, administer, and recover the costs of the program on a timely basis.

EFFECTIVE DATE. This section is effective October 1, 2014.

Sec. 9. Minnesota Statutes 2012, section 216B.1611, is amended by adding a subdivision to read:

Subd. 3a. Project information. (a) Beginning July 1, 2014, each electric utility shall request an applicant for interconnection of distributed renewable energy generation to provide the following information, in a format prescribed by the commissioner:

(1) the nameplate capacity of the facility in the application;

(2) the preincentive installed cost and cost components of the generation system at the facility;

(3) the energy source of the facility; and

(4) the zip code in which the facility is to be located.

(b) The commissioner shall develop or identify a system to collect and process the information under this subdivision for each utility, and make non-project-specific data available to the public on a periodic basis as determined by the commissioner, and in a format determined by the commissioner. The commissioner may solicit proposals from outside parties to develop the system. The commissioner may only collect data authorized in paragraph (a), and may not require submission of any additional data that could be used to personally identify any individual applicant or utility customer.

(c) Electric utilities collecting and transferring data under this subdivision are not responsible for the accuracy, completeness, or quality of the information under this subdivision.

(d) Except as provided in paragraph (b), any information provided by an applicant to the commissioner under this subdivision is nonpublic data as defined in section 13.02, subdivision 9.

EFFECTIVE DATE. This section is effective July 1, 2014, and applies to applications received on or after that date.

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Sec. 10. [216B.1614] ELECTRIC VEHICLE CHARGING TARIFF.

Subdivision 1. Definitions. (a) For the purposes of this section, the terms defined in this subdivision have the meanings given them.

(b) "Electric vehicle" has the meaning given in section 169.011, subdivision 26a.

(d) "Renewable energy" has the meaning given in section 216B.169, subdivision 2, paragraph (d).

Subd. 2. Required tariff. (a) By February 1, 2015, each public utility selling electricity at retail must file with the commission a tariff that allows a customer to purchase electricity solely for the purpose of recharging an electric vehicle. The tariff must:

(1) contain either a time-of-day or off-peak rate, as elected by the public utility;

(2) offer a customer the option to purchase electricity:

(i) from the utility's current mix of energy supply sources; or

(ii) entirely from renewable energy sources, subject to the conditions established under section 216B.169, subdivision 2, paragraph (b), and subdivision 3, paragraph (a); and

(3) be made available to the residential customer class.

(b) The public utility may, at its discretion, offer the tariff to other customer classes.

(c) The commission shall, after notice and opportunity for public comment, approve, modify, or reject the tariff. The commission may approve the tariff if the public utility has demonstrated that the tariff:

(1) appropriately reflects off-peak versus peak cost differences in the rate charged;

(2) includes a mechanism to allow the recovery of costs reasonably necessary to comply with this section, including costs to inform and educate customers about the financial, energy conservation, and environmental benefits of electric vehicles and to publicly advertise and promote participation in the customer-optional tariff;

(3) provides for clear and transparent customer billing statements including, but not limited to, the amount of energy consumed under the tariff; and

(4) incorporates the cost of metering or submetering within the rate charged to the customer.

(d) Within 60 days of commission approval of a public utility's tariff filed under this section, the public utility shall make the tariff available to customers.

(e) The utility may at any time propose revisions to a tariff filed under this subdivision based on changing costs or conditions.

Subd. 3. Data reporting. Each public utility providing a tariff under this section shall periodically report to the commission, as established by the commission and on a form prescribed by the commission, the following information, organized on a per-quarter basis:

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(1) the number of customers who have arranged to purchase electricity under the tariff;

(2) the total amount of electricity sold under the tariff; and

(3) other data required by the commission.

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

Sec. 11. Minnesota Statutes 2012, section 216B.241, is amended by adding a subdivision to read:

Subd. 5d. On-bill repayment programs. (a) For the purposes of this subdivision:

(1) "utility" means a public utility, municipal utility, or cooperative electric association that provides electric or natural gas service to retail customers; and

(2) "on-bill repayment program" means a program in which a utility collects on a customer's bill repayment of a loan to the customer by an eligible lender to finance the customer's investment in eligible energy conservation or renewable energy projects, and remits loan repayments to the lender.

(b) A utility may include as part of its conservation improvement plan an on-bill repayment program to enable a customer to finance eligible projects with installment loans originated by an eligible lender. An eligible project is one that is either an energy conservation improvement, or a project installed on the customer's site that uses an eligible renewable energy source as that term is defined in section 216B.2411, subdivision 2, paragraph (b), but does not include mixed municipal solid waste or refuse-derived fuel from mixed municipal solid waste. An eligible renewable energy source also includes solar thermal technology that collects the sun's radiant energy and uses that energy to heat or cool air or water, and meets the requirements of section 216C.25. To be an eligible lender, a lender must:

(1) have a federal or state charter and be eligible for federal deposit insurance;

(2) be a government entity, including an entity established under chapter 469, that has authority to provide financial assistance for energy efficiency and renewable energy projects;

(3) be a joint venture by utilities established under section 452.25; or

(4) be licensed, certified, or otherwise have its lending activities overseen by a state or federal government agency.

The commissioner must allow a utility broad discretion in designing and implementing an on-bill repayment program, provided that the program complies with this subdivision.

(d) A public utility that implements an on-bill repayment program under this subdivision must enter into a contract with one or more eligible lenders that complies with the requirements of this subdivision and contains provisions addressing capital commitments, loan origination, transfer of loans to the public utility for on-bill repayment, and acceptance of loans returned due to delinquency or default.

(e) A public utility's contract with a lender must require the lender to comply with all applicable federal and state laws, rules, and regulations related to lending practices and consumer protection; to conform to reasonable and prudent lending standards; and to provide businesses that sell, maintain, and install eligible projects the ability to participate in an on-bill repayment program under this subdivision on a nondiscriminatory basis.

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(f) A public utility's contract with a lender may provide:

(1) for the public utility to purchase loans from the lender with a condition that the lender must purchase back loans in delinquency or default; or

(2) for the lender to retain ownership of loans with the public utility servicing the loans through on-bill repayment as long as payments are current.

The risk of default must remain with the lender. The lender shall not have recourse against the public utility except in the event of negligence or breach of contract by the utility.

(g) If a public utility customer makes a partial payment on a utility bill that includes a loan installment, the partial payment must be credited first to the amount owed for utility service, including taxes and fees. A public utility may not suspend or terminate a customer's utility service for delinquency or default on a loan that is being serviced through the public utility's on-bill repayment program.

(h) An outstanding balance on a loan being repaid under this subdivision is a financial obligation only of the customer who is signatory to the loan, and not to any subsequent customer occupying the property associated with the loan. If the public utility purchases loans from the lender as authorized under paragraph (f), clause (1), the public utility must return to the lender a loan not repaid when a customer borrower no longer occupies the property.

(i) Costs incurred by a public utility under this subdivision are recoverable as provided in section 216B.16, subdivision 6b, paragraph (c), including reasonable incremental costs for billing system modifications necessary to implement and operate an on-bill repayment program and for ongoing costs to operate the program. Costs in a plan approved by the commissioner may be counted toward a utility's conservation spending requirements under subdivisions 1a and 1b. Energy savings from energy conservation improvements resulting from this section may be counted toward satisfying a utility's energy-savings goals under subdivision 1c.

(j) This subdivision does not require a utility to terminate or modify an existing financing program and does not prohibit a utility from establishing an on-bill financing program in which the utility provides the financing capital.

(k) A municipal utility or cooperative electric association that implements an on-bill repayment program shall design the program to address the issues identified in paragraphs (d) through (h) as determined by the governing board of the utility or association.

Sec. 12. Minnesota Statutes 2012, section 216B.2422, is amended by adding a subdivision to read:

Subd. 2c. Long-range emission reduction planning. Each utility required to file a resource plan under subdivision 2 shall include in the filing a narrative identifying and describing the costs, opportunities, and technical barriers to the utility continuing to make progress on its system toward achieving the state greenhouse gas emission reduction goals established in section 216H.02, subdivision 1, and the technologies, alternatives, and steps the utility is considering to address those opportunities and barriers.

Sec. 13. Minnesota Statutes 2012, section 216B.243, subdivision 8, is amended to read:

Subd. 8. Exemptions. This section does not apply to:

(1) cogeneration or small power production facilities as defined in the Federal Power Act, United States Code, title 16, section 796, paragraph (17), subparagraph (A), and paragraph (18), subparagraph (A), and having a combined capacity at a single site of less than 80,000 kilowatts; plants or facilities for the production of ethanol or fuel alcohol; or any case where the commission has determined after being advised by the attorney general that its application has been preempted by federal law;

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(2) a high-voltage transmission line proposed primarily to distribute electricity to serve the demand of a single customer at a single location, unless the applicant opts to request that the commission determine need under this section or section 216B.2425;

(3) the upgrade to a higher voltage of an existing transmission line that serves the demand of a single customer that primarily uses existing rights-of-way, unless the applicant opts to request that the commission determine need under this section or section 216B.2425;

(4) a high-voltage transmission line of one mile or less required to connect a new or upgraded substation to an existing, new, or upgraded high-voltage transmission line;

(5) conversion of the fuel source of an existing electric generating plant to using natural gas; or

(6) the modification of an existing electric generating plant to increase efficiency, as long as the capacity of the plant is not increased more than ten percent or more than 100 megawatts, whichever is greater.; or

(7) a wind energy conversion system or solar electric generation facility if the system or facility is owned and operated by an independent power producer and the electric output of the system or facility is not sold to an entity that provides retail service in Minnesota or wholesale electric service to another entity in Minnesota other than an entity that is a federally recognized regional transmission organization or independent system operator.

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

Sec. 14. Minnesota Statutes 2012, section 216C.41, subdivision 4, is amended to read:

Subd. 4. Payment period. (a) A facility may receive payments under this section for a ten-year period. No payment under this section may be made for electricity generated:

(1) by a qualified hydroelectric facility after December 31, 2021;

(2) by a qualified wind energy conversion facility after December 31, 2018; or

(3) by a qualified on-farm biogas recovery facility after December 31, ~~2015~~ 2017.

(b) The payment period begins and runs consecutively from the date the facility begins generating electricity or, in the case of refurbishment of a hydropower facility, after substantial repairs to the hydropower facility dam funded by the incentive payments are initiated.

Sec. 15. Minnesota Statutes 2012, section 216C.436, subdivision 4, is amended to read:

Subd. 4. Financing terms. Financing provided under this section must have:

(1) a ~~weighted~~ cost-weighted average maturity not exceeding the useful life of the energy improvements installed, as determined by the implementing entity, but in no event may a term exceed 20 years;

(2) a principal amount not to exceed the lesser of ~~ten~~ 20 percent of the assessed value of the real property on which the improvements are to be installed or the actual cost of installing the energy improvements, including the costs of necessary equipment, materials, and labor, the costs of each related energy audit or renewable energy system feasibility study, and the cost of verification of installation; and

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(3) an interest rate sufficient to pay the financing costs of the program, including the issuance of bonds and any financing delinquencies.

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

Sec. 16. Minnesota Statutes 2012, section 216C.436, is amended by adding a subdivision to read:

Subd. 9. Supplemental funding sources. (a) An implementing entity is authorized to establish, acquire, and use additional or alternative funding sources for the purposes of this section.

(b) For the purposes of this subdivision, additional or alternative funding sources do not include issuance of general obligation bonds.

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

Sec. 17. Minnesota Statutes 2012, section 216E.01, is amended by adding a subdivision to read:

Subd. 8a. Solar energy generating system. "Solar energy generating system" means a set of devices whose primary purpose is to produce electricity by means of any combination of collecting, transferring, or converting solar-generated energy.

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

Sec. 18. [216E.021] SOLAR ENERGY SYSTEM SIZE DETERMINATION.

(a) This section must be used to determine whether a combination of solar energy generating systems meets the definition of large electric power generating plant and is subject to the commission's siting authority jurisdiction under this chapter. The alternating current nameplate capacity of one solar energy generating system must be combined with the alternating current nameplate capacity of any other solar energy generating system that:

(1) is constructed within the same 12-month period as the solar energy generating system; and

(2) exhibits characteristics of being a single development, including but not limited to ownership structure, an umbrella sales arrangement, shared interconnection, revenue sharing arrangements, and common debt or equity financing.

(b) The commissioner of commerce shall provide forms and assistance for applicants to make a request for a size determination. Upon written request of an applicant, the commissioner shall provide a written size determination within 30 days of receipt of the request and of any information requested by the commissioner. In the case of a dispute, the chair of the Public Utilities Commission shall make the final size determination.

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

Sec. 19. Minnesota Statutes 2012, section 216E.04, subdivision 2, is amended to read:

Subd. 2. Applicable projects. The requirements and procedures in this section apply to the following projects:

(1) large electric power generating plants with a capacity of less than 80 megawatts;

(2) large electric power generating plants that are fueled by natural gas;

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(3) high-voltage transmission lines of between 100 and 200 kilovolts;

(4) high-voltage transmission lines in excess of 200 kilovolts and less than five miles in length in Minnesota;

(5) high-voltage transmission lines in excess of 200 kilovolts if at least 80 percent of the distance of the line in Minnesota will be located along existing high-voltage transmission line right-of-way;

(6) a high-voltage transmission line service extension to a single customer between 200 and 300 kilovolts and less than ten miles in length; ~~and~~

(7) a high-voltage transmission line rerouting to serve the demand of a single customer when the rerouted line will be located at least 80 percent on property owned or controlled by the customer or the owner of the transmission line; and

(8) large electric power generating plants that are powered by solar energy.

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

Sec. 20. Minnesota Statutes 2012, section 239.051, subdivision 29, is amended to read:

Subd. 29. Refinery, terminal. "Refinery" or "terminal" means a petroleum refinery, pipeline terminal, river terminal, storage facility, or other point of origin where liquefied petroleum gas or petroleum products are manufactured, or imported by rail, truck, barge, or pipe; and held, stored, transferred, offered for distribution, distributed, offered for sale, or sold. For the purpose of restricting petroleum product blending, this definition includes all refineries and terminals within and outside of Minnesota, but does not include a licensed distributor's bulk storage facility that is used to store petroleum products for which the petroleum inspection fee charged under this chapter is either not due or has been paid.

Sec. 21. Minnesota Statutes 2012, section 239.785, is amended by adding a subdivision to read:

Subd. 7. Notification of product unavailability; terminal operators. A person who operates a terminal where liquefied petroleum gas is loaded into transport trucks for subsequent distribution shall notify the commissioner within 24 hours when liquefied petroleum gas is physically not available for sale to licensed distributors.

Sec. 22. Minnesota Statutes 2012, section 325E.027, is amended to read:

325E.027 DISCRIMINATION PROHIBITION.

(a) No dealer or distributor of liquid propane gas or number 1 or number 2 fuel oil who has signed a low-income home energy assistance program vendor agreement with the Department of Commerce may refuse to deliver liquid propane gas or number 1 or number 2 fuel oil to any person located within the dealer's or distributor's normal delivery area who receives direct grants under the low-income home energy assistance program if:

(1) the person has requested delivery;

(2) the dealer or distributor has product available;

(3) the person requesting delivery is capable of making full payment at the time of delivery; and

(4) the person is not in arrears regarding any previous fuel purchase from that dealer or distributor.

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(b) A dealer or distributor making delivery to a person receiving direct grants under the low-income home energy assistance program may not charge that person any additional costs or fees that would not be charged to any other customer and must make available to that person any discount program on the same basis as the dealer or distributor makes available to any other customer.

(c) The commissioner of commerce may enforce this section using any of the authority granted to the commissioner under section 45.027.

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

Sec. 23. Laws 2013, chapter 57, section 2, is amended to read:

Sec. 2. TRANSMISSION LINE; CERTIFICATE OF NEED REQUIRED AND EVIDENCE REQUIRED.

(a) A high-voltage transmission line with a capacity of 100 kilovolts or more proposed to be located within a city in the metropolitan area as defined in Minnesota Statutes, section 473.121, subdivision 2, for which a route permit application was filed between June 2011 and August 2011, and a certificate of need application was filed between June 2012 and August 2012, to rebuild approximately eight miles of 69 kilovolt transmission with a high-voltage transmission line to meet local area distribution needs, must be approved in a certificate of need proceeding conducted under Minnesota Statutes, section 216B.243. The certificate of need may be approved only if the commission finds by clear and convincing evidence that there is no feasible and available distribution level alternative to the transmission line. In making its findings the commission shall consider the factors provided in applicable law and rules including, without limitation, cost-effectiveness, energy conservation, and the protection or enhancement of environmental quality.

(b) Further proceedings regarding the routing of a high-voltage transmission line described in this section shall be suspended until the Public Utilities Commission has made a determination that the transmission line is needed.

(c) If an application for a certificate of need described in paragraph (a) is withdrawn or otherwise abandoned, this section shall apply to any high-voltage transmission line of 100 kilovolts or more proposed to meet the same needs as the line described in paragraph (a) and that follows a route that is similar to that of the line subject to paragraph (a). In addition, a certificate of need for a line subject to this paragraph is not effective until 30 days following the adjournment of the regular legislative session next following commission approval of the certificate of need.

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

Sec. 24. Laws 2014, chapter 145, section 1, is amended to read:

Section 1. LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM; SUPPLEMENTAL APPROPRIATION.

(a) $20,000,000 is appropriated in fiscal year 2014 from the general fund to the commissioner of commerce for the purpose of providing additional heating assistance through the low-income home energy assistance program under United States Code, title 42, sections 8621 to 8630, and Minnesota Statutes, section 216C.02, subdivision 1. No more than ~~five~~ eight percent of this appropriation may be used for expenses to administer the program. Any unspent balance available on June 30, 2014, cancels to the general fund.

(b) The funding provided in this section shall supplement, and not replace, any federal or other funding existing or otherwise available for heating assistance in Minnesota.

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(c) The commissioner shall disburse the funds provided in this section in a manner consistent with the requirements of the federal low-income home energy assistance program under United States Code, title 42, sections 8621 to 8630.

EFFECTIVE DATE. This section is effective retroactively from March 1, 2014.

Sec. 25. LEGISLATIVE ENERGY COMMISSION; PROPANE CONVERSION STRATEGIES.

(a) The Legislative Energy Commission is requested to investigate the feasibility of converting propane gas users to natural gas or other alternative sources of energy. The investigation, among other things, should assess the technical and economic issues for converting nonmetropolitan users of propane gas to pipeline service of natural gas.

(b) The commission is requested to complete its investigations so that any recommendations for legislation are completed by January 15, 2015.

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

Sec. 26. REPEALER.

Subdivision 1. Weatherization assistance. Minnesota Rules, parts 3300.0800; 3300.0900; 3300.1000, subparts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 22, 23, 24, 25, 25a, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, and 36; 3300.1100; 3300.1200; 3300.1300; 3300.1400; 3300.1500; 3300.1600; 3300.1700; 3300.1800; and 3300.1900, are repealed.

Subd. 2. Energy conservation loan program. Minnesota Rules, parts 7607.0100; 7607.0110; 7607.0120; 7607.0130; 7607.0140; 7607.0150; 7607.0160; 7607.0170; and 7607.0180, are repealed.

Subd. 3. Cooling systems replacement; energy efficiency criteria. Minnesota Rules, parts 7685.0100; 7685.0120; 7685.0130; and 7685.0140, are repealed."

Delete the title and insert:

"A bill for an act relating to energy; modifying, adding, or authorizing provisions governing medically necessary equipment, propane sales, low-income rate discounts, interconnection of distributed generation, electric vehicle charging tariffs, on-bill repayment programs, energy efficiency programs, emissions reduction planning, certificates of need, solar energy systems, transmission lines, and low-income home energy assistance; repealing certain obsolete administrative rules; requiring a report; amending Minnesota Statutes 2012, sections 16C.144, subdivision 3; 216B.098, subdivision 5; 216B.16, subdivision 14; 216B.1611, by adding a subdivision; 216B.241, by adding a subdivision; 216B.2422, by adding a subdivision; 216B.243, subdivision 8; 216C.41, subdivision 4; 216C.436, subdivision 4, by adding a subdivision; 216E.01, by adding a subdivision; 216E.04, subdivision 2; 239.051, subdivision 29; 239.785, by adding a subdivision; 325E.027; Laws 2013, chapter 57, section 2; Laws 2014, chapter 145, section 1; proposing coding for new law in Minnesota Statutes, chapters 216B; 216E; repealing Minnesota Rules, parts 3300.0800; 3300.0900; 3300.1000, subparts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 22, 23, 24, 25, 25a, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36; 3300.1100; 3300.1200; 3300.1300; 3300.1400; 3300.1500; 3300.1600; 3300.1700; 3300.1800; 3300.1900; 7607.0100; 7607.0110; 7607.0120; 7607.0130; 7607.0140; 7607.0150; 7607.0160; 7607.0170; 7607.0180; 7685.0100; 7685.0120; 7685.0130; 7685.0140."

We request the adoption of this report and repassage of the bill.

House Conferees: Melissa Hortman, Will Morgan, Pat Garofalo, Yvonne Selcer and Erik Simonson.

Senate Conferees: John Marty, Julie A. Rosen, John A. Hoffman, Jim Carlson and D. Scott Dibble.

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Hortman moved that the report of the Conference Committee on H. F. No. 2834 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.

H. F. No. 2834, A bill for an act relating to energy; modifying, adding, or authorizing provisions governing medically necessary equipment, propane sales, low-income rate discounts, interconnection of distributed renewable generation, electric vehicle charging tariffs, on-bill payment programs, energy efficiency programs, emissions reduction planning, certificates of need, solar energy systems, and transmission lines; requiring a report; amending Minnesota Statutes 2012, sections 216B.098, subdivision 5; 216B.16, subdivision 14; 216B.1611, by adding a subdivision; 216B.241, by adding a subdivision; 216B.2422, by adding a subdivision; 216B.243, subdivision 8; 216C.41, subdivision 4; 216C.436, subdivision 4, by adding a subdivision; 216E.01, by adding a subdivision; 216E.04, subdivision 2; 239.051, subdivision 29; 239.785, by adding a subdivision; 325E.027; 515.07; 515B.2-103; 515B.3-102; Laws 2013, chapter 57, section 2; Laws 2014, chapter 145, section 1; proposing coding for new law in Minnesota Statutes, chapters 216B; 216E; 500; repealing Minnesota Rules, parts 3300.0800; 3300.0900; 3300.1000, subparts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 22, 23, 24, 25, 25a, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36; 3300.1100; 3300.1200; 3300.1300; 3300.1400; 3300.1500; 3300.1600; 3300.1700; 3300.1800; 3300.1900; 7607.0100; 7607.0110; 7607.0120; 7607.0130; 7607.0140; 7607.0150; 7607.0160; 7607.0170; 7607.0180; 7610.0300; 7685.0100; 7685.0120; 7685.0130; 7685.0140.

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

The question was taken on the repassage of the bill and the roll was called. There were 82 yeas and 40 nays as follows:

Those who voted in the affirmative were:

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

S. F. No. 2470 was reported to the House.

Melin moved to amend S. F. No. 2470, the second unofficial engrossment, as follows:

Page 1, line 16, after "of" insert "the qualifying medical condition of"

Page 3, line 15, after "a" insert "nonpatient"

Page 3, line 30, after the period, insert "The commissioner shall register a new manufacturer or reregister the existing manufacturer by December 1 of each year, thereafter using the factors described in paragraph (b)." and delete "The commissioner shall require"

Page 3, delete lines 31 to 32

Page 4, line 1, after "review" insert "in Ramsey County District Court" and after the period, insert "Data obtained during the application process is governed by section 13.591."

Page 4, delete lines 23 to 29 and insert:

"(d) The commissioner shall review and publicly report the existing medical and scientific literature regarding the range of recommended dosages for each qualifying condition and the range of chemical compositions of any plant of the genus cannabis that will likely be medically beneficial for each of the qualifying medical conditions. The commissioner shall make this information available to patients with qualifying conditions beginning December 1, 2014. The commissioner may consult with the independent laboratory under contract with the manufacturer or other experts in reporting the range of recommended dosage for each qualifying condition, the range of chemical compositions that will likely be medically beneficial, and any risks of noncannabis drug interactions. The commissioner shall consult with the manufacturer on an annual basis on medical cannabis products offered by the manufacturer. The list of medical cannabis products shall be published on the health department Web site."

Page 5, line 10, delete "making clinically significant findings" and insert "reporting on the benefits, risks, and outcomes"

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Page 7, line 19, after "review" insert "under the Administrative Procedure Act pursuant to chapter 14"

Page 9, after line 4, insert:

"(d) Nothing in this section requires a health care practitioner to enroll patients in the registry created by this section."

Page 9, line 15, delete "all"

Page 9, line 34, delete "by" and insert "as"

Page 10, line 1, delete "recommendations of the range" and insert "ranges"

Page 10, line 2, delete "range" and insert "ranges" and delete "provided" and insert "reported"

Page 11, after line 2, insert:

"(p) A medical cannabis manufacturer may not employ or otherwise allow any person who is under 21 years of age or who has been convicted of a disqualifying felony offense to be an employee of the medical cannabis organization. For purposes of this paragraph, a disqualifying felony offense means a violation of a state or federal controlled substance law that is classified as a felony under Minnesota law, or would be classified as a felony under Minnesota law if committed in Minnesota, regardless of the sentence imposed, unless the person's conviction was for the medical use of cannabis or assisting with the medical use of cannabis in accordance with any other state's law. A medical cannabis organization shall request a criminal history background check on each employee before the employee may begin working with the medical cannabis manufacturer."

Page 11, line 24, after the comma, insert "subject to subdivision 2,"

Page 11, line 32, after "cannabis" insert "products"

Page 12, line 8, after the second comma, insert "the governor of Minnesota,"

Page 12, after line 11, insert:

"(g) Federal, state, and local law enforcement authorities are prohibited from accessing the patient registry under this section except when acting pursuant to a valid search warrant.

(h) Notwithstanding any law to the contrary, neither the commissioner nor a public employee may release data or information about an individual contained in any report, document, or registry created under this section or any information obtained about a patient participating in the program, except as provided in this section. No information contained in a report, document, registry, or obtained from a patient under this section may be used against a patient in a criminal proceeding unless independently obtained or in connection with a proceeding involving a violation of this section.

(i) Any person who violates paragraph (g) or (h) is guilty of a gross misdemeanor."

Page 13, line 3, delete "medical cannabis registry account" and insert "deposit of revenue"

Page 13, line 8, delete "medical cannabis registry account in the"

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Page 13, after line 9, insert:

"(b) The commissioner shall collect an application fee of $20,000 from each entity submitting an application for registration as a medical cannabis manufacturer. Revenue from the fee shall be deposited in the state treasury and credited to the state government special revenue fund. If an entity is not selected to be registered as a medical cannabis manufacturer, the commissioner shall refund $19,000 to the entity.

(c) The commissioner shall collect an annual fee from a medical cannabis manufacturer equal to the cost of regulating and inspecting the manufacturer in that year. Revenue from the fee amount shall be deposited in the state treasury and credited to the state government special revenue fund."

Page 13, line 10, delete "(b)" and insert "(d)"

Page 14, delete section 3

Page 16, line 24, delete "implementing the medical"

Page 16, line 25, delete "cannabis therapeutic research study in this act" and insert "the costs of administering Minnesota Statutes, section 152.22"

Page 16, delete subdivision 3 and insert:

"Subd. 3. Health Department. $24,000 in fiscal year 2015 is appropriated from the state government special revenue fund to the commissioner of health for the costs of implementing Minnesota Statutes, section 152.22. The base for this appropriation is $734,000 in fiscal year 2016 and $722,000 in fiscal year 2017."

Page 17, line 2, delete "July 1, 2014" and insert "the day following final enactment"

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

Melin moved to amend her amendment to S. F. No. 2470, the second unofficial engrossment, as follows:

Page 1, after line 10, insert:

"Page 4, line 19, delete "all""

Page 1, after line 23, insert:

"Page 5, line 4, delete "shall" and insert "may""

Page 1, after line 25, insert:

"Page 5, line 22, delete "written"

Page 5, line 25, delete "mentally" and insert "developmentally"

Page 6, line 12, delete "written"

Page 6, line 15, delete "mentally" and insert "developmentally"

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Page 6, line 31, delete "the section" and insert "the patient's designated caregiver"

Page 7, lines 8 and 28, delete "written""

Page 1, after line 27, insert:

"Page 8, lines 14 and 17, delete "written""

Page 2, after line 4, insert:

"Page 9, line 17, after the period, insert "The cost of lab testing shall be paid by the manufacturer.""

Page 2, line 17, delete "A medical"

Page 2, delete lines 18 and 19 and insert "An employee of a medical cannabis manufacturer must submit a completed criminal history records check consent form, a full set of fingerprints and the required fees for submission to the Bureau of Criminal Apprehension before an employee may begin working with the manufacturer. The bureau must conduct a Minnesota criminal history records check and the superintendent is authorized to exchange the fingerprints with the Federal Bureau of Investigation to obtain the applicant's national criminal history record information. The bureau will return the results of the Minnesota and federal criminal history records checks to the commissioner."

Page 2, before line 20, insert:

"Page 11, line 14, before "Data" insert "Not public"

Page 12, line 3, before "and" insert "the commissioner's agents or contractors""

Page 2, after line 21, insert:

"Page 11, line 33, delete "or" and insert a comma and after the second "manufacturer" insert ", the laboratory conducting testing on medical marijuana products, or employees of the laboratory""

Page 2, after line 36, insert:

"Page 13, line 5, delete "receives" and insert "attests to receiving"

Page 13, line 6, delete "is" and insert "being""

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

Murphy, E., moved to amend the Melin amendment, as amended, to S. F. No. 2470, the second unofficial engrossment, as follows:

Page 3, after line 13, insert:

"Page 16, after line 21, insert:

"Sec. 5. [152.25] FINANCIAL EXAMINATIONS; PRICING REVIEWS.

Subdivision 1. Financial records. A medical cannabis manufacturer shall maintain detailed financial records in a manner and format approved by the commissioner of health, and shall keep all records updated and accessible to the commissioner when requested.

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Subd. 2. Certified annual audit. A medical cannabis manufacturer shall submit the results of an annual certified financial audit to the commissioner no later than May 1 of each year. The annual audit shall be conducted by an independent certified public accountant; the costs of such audit are the responsibility of the medical cannabis manufacturer. Results of the audit shall be provided to the medical cannabis manufacturer and the commissioner. The commissioner may also require another audit of the medical cannabis manufacturer by a certified public accountant chosen by the commissioner with the costs of the audit paid by the medical cannabis manufacturer.

Subd. 3. Power to examine. (a) The commissioner or designee may examine the business affairs and conditions of any medical cannabis manufacturer, including but not limited to a review of the financing, budgets, revenues, sales, and pricing.

(b) An examination may cover the medical cannabis manufacturer's business affairs, practices, and conditions including but not limited to a review of the financing, budgets, revenues, sales, and pricing. The commissioner shall determine the nature and scope of each examination and in doing so shall take into account all available relevant factors concerning the financial and business affairs, practices, and conditions of the examinee. The costs incurred by the department in conducting such examination shall be paid for by the medical cannabis manufacturer.

(c) When making an examination under this section, the commissioner may retain attorneys, appraisers, independent economists, independent certified public accountants, or other professionals and specialists as designees. A certified public accountant retained by the commissioner may not be the same certified public accountant providing the certified annual audit in subdivision 2.

(d) The commissioner shall make a report of an examination conducted pursuant to this chapter and shall provide a copy of the report to the medical cannabis manufacturer. The commissioner shall then post a copy of the report on the department's Website. All working papers, recorded information, documents, and copies thereof produced by, obtained by, or disclosed to the commissioner or any other person in the course of an examination, other than the information contained in any commissioner official report, made under this subdivision is not public data.""

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

Lesch moved to amend the Melin amendment, as amended, to S. F. No. 2470, the second unofficial engrossment, as follows:

Page 1, after line 27, insert:

"Page 9, line 4, before the period, insert "or in the creation of summary data, as defined in section 13.02, subdivision 19""

Page 2, after line 19, insert:

"Page 11, delete subdivision 10 and insert:

"Subd. 10. Data practices. (a) Government data in patient files maintained by the commissioner and the health care practitioner, and data submitted to or by the medical cannabis manufacturer, are private data on individuals, as defined in section 13.02, subdivision 12, or nonpublic data, as defined in section 13.02, subdivision 9, and may be used for purposes of complying with chapter 13 and complying with a request from the legislative auditor in the performance of official duties. The provisions of section 13.05, subdivision 11, apply to a registration agreement entered between the commissioner and a medical cannabis manufacturer under this section.

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(b) Not public data maintained by the commissioner may not be used for any purpose not provided for in this section, and may not be combined or linked in any manner with any other list, dataset, or database.""

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

Benson, M., moved to amend the Melin amendment, as amended, to S. F. No. 2470, the second unofficial engrossment, as follows:

Page 1, after line 3, insert:

"Page 1, line 24, after the semicolon, insert "or"

Page 2, line 2, delete "; or" and insert a period

Page 2, delete lines 3 to 4"

Page 1, after line 27, insert:

"Page 7, line 31, delete everything after the first "a""

A roll call was requested and properly seconded.

The question was taken on the amendment to the amendment and the roll was called. There were 54 yeas and 71 nays as follows:

Those who voted in the affirmative were:

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

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Garofalo moved to amend S. F. No. 2470, the second unofficial engrossment, as amended, as follows:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2012, section 13.3806, is amended by adding a subdivision to read:

Subd. 22. Medical use of cannabis data. Data collected by the commissioner of health relating to registrations for the medical use of cannabis are classified in section 152.33.

Sec. 2. [152.22] DEFINITIONS.

Subdivision 1. Applicability. For purposes of sections 152.22 to 152.45, the terms defined in this section have the meanings given them.

Subd. 2. Allowable amount of cannabis. "Allowable amount of cannabis" means:

(1) with respect to a qualifying patient, 2.5 ounces of usable cannabis; and

(2) with respect to a designated caregiver, for each patient assisted by the designated caregiver, 2.5 ounces of usable cannabis.

Subd. 3. Alternative treatment center. "Alternative treatment center" means an entity registered under section 152.25 that cultivates, acquires, manufactures, possesses, prepares, packs, stores, delivers, transfers, transports, sells, supplies, or dispenses cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients or registered designated caregivers.

Subd. 4. Cannabis. "Cannabis" means all parts of the plant of any species of the genus Cannabis, including all agronomical varieties, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin, but shall not include the mature stalks of such plant; fiber from such stalks; oil or cake made from the seeds of such plant; any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom); fiber, oil, or cake; or the sterilized seed of such plant which is incapable of germination.

Subd. 5. Cardholder. "Cardholder" means a qualifying patient or a designated caregiver who has been issued and possesses a valid registry identification card.

Subd. 6. Commissioner. "Commissioner" means the commissioner of health.

Subd. 7. Debilitating medical condition. "Debilitating medical condition" means:

(1) cancer, glaucoma, acquired immune deficiency syndrome, hepatitis C, Tourette's syndrome, amyotrophic lateral sclerosis, post-traumatic stress disorder, or the treatment of those conditions;

(2) a chronic or debilitating disease or medical condition or its treatment that produces cachexia or wasting syndrome; severe, intractable pain, as defined in section 152.125, subdivision 1; severe nausea; seizures, including those characteristic of epilepsy; severe and persistent muscle spasms, including those characteristic of multiple sclerosis; and Crohn's disease;

(3) the condition of an HIV-positive patient when the patient's physician believes the patient could benefit from consumption of cannabis; or

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(4) any other medical condition or its treatment approved by the commissioner.

Subd. 8. Designated caregiver. "Designated caregiver" means a person who is at least 21 years old, has not been convicted of a disqualifying felony offense, and has agreed to assist no more than five qualifying patients with the medical use of cannabis.

Subd. 8a. Disqualifying felony offense. "Disqualifying felony offense" means a violation of a state or federal controlled substance law that is classified as a felony under Minnesota law, or would be classified as a felony under Minnesota law if committed in Minnesota, regardless of the sentence imposed, unless the commissioner determines that the person's conviction was for the medical use of cannabis or assisting with the medical use of cannabis.

Subd. 9. Enclosed, locked facility. "Enclosed, locked facility" means a room, building, or other enclosed area equipped with locks or other security devices that permit access only by an agent of a medical cannabis organization.

Subd. 10. Medical cannabis organization. "Medical cannabis organization" means an alternative treatment center or a safety compliance facility.

Subd. 11. Medical use of cannabis. "Medical use of cannabis" means the acquisition, possession, use, administration, preparation, processing, testing, compounding, converting, delivery, transfer, or transportation of cannabis or drug paraphernalia, as defined in section 152.01, subdivision 18, relating to the consumption of cannabis to alleviate a registered qualifying patient's debilitating condition or symptoms associated with the medical condition.

Subd. 12. Practitioner. "Practitioner" means a Minnesota licensed doctor of medicine or a Minnesota licensed doctor of osteopathy licensed to practice medicine, except that if the qualifying patient's debilitating medical condition is post-traumatic stress disorder, the practitioner must be a Minnesota licensed psychiatrist.

Subd. 13. Qualifying patient. "Qualifying patient" means a person who has been diagnosed by a practitioner as having a debilitating medical condition.

Subd. 14. Registration certificate. "Registration certificate" means a document issued by the commissioner that identifies an entity as an alternative treatment center or a safety compliance facility.

Subd. 15. Registry identification card. "Registry identification card" means a document issued by the commissioner that identifies a person as a registered qualifying patient or registered designated caregiver.

Subd. 16. Safety compliance facility. "Safety compliance facility" means an entity registered under section 152.25 to provide consumer protection services to the public by means of laboratory sampling and testing for potency and contaminants or public information and training services regarding:

(1) the safe and efficient packaging, labeling, and distribution of cannabis;

(2) security and inventory accountability procedures; or

(3) scientific and medical research findings related to cannabis.

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Subd. 17. Smoking. "Smoking" does not include the ingestion of cannabis through vaporization.

Subd. 18. Usable cannabis. "Usable cannabis" means any cannabis that is not growing and does not include the weight of any non-cannabis ingredients combined with cannabis, including ingredients added to prepare a topical administration, food, drink, or pill.

Subd. 19. Written certification. "Written certification" means a document signed and dated by a licensed practitioner stating, that in the practitioner's professional opinion, the patient is likely to receive therapeutic or palliative benefit from the use of cannabis to treat or alleviate the patient's debilitating medical condition. The practitioner must: (1) specify the qualifying patient's debilitating medical condition in the written certification; and (2) sign and date the written certification only in the course of a practitioner-patient relationship after the practitioner has completed a full physical examination of the qualifying patient and a full assessment of the qualifying patient's medical history and current medical condition.

Sec. 3. [152.23] LIMITATIONS.

(a) Sections 152.22 to 152.38 do not permit any person to engage in and do not prevent the imposition of any civil, criminal, or other penalties for:

(1) undertaking any task under the influence of cannabis that would constitute negligence or professional malpractice;

(2) possessing or engaging in the use of cannabis:

(i) on a school bus;

(ii) on the grounds of any preschool or primary or secondary school; or

(iii) in any correctional facility;

(3) smoking cannabis;

(4) vaporizing cannabis:

(i) on any form of public transportation;

(ii) where the vapor would be inhaled by a minor child; or

(iii) in a public place, including any indoor or outdoor area used by or open to the general public or a place of employment as defined under section 144.413, subdivision 1b; and

(5) operating, navigating, or being in actual physical control of any motor vehicle, aircraft, train, or motorboat, or working on transportation property, equipment, or facilities while under the influence of cannabis.

(b) Nothing in sections 152.22 to 152.38 requires the medical assistance and MinnesotaCare programs to reimburse an enrollee or a provider for costs associated with the medical use of cannabis.

Sec. 4. [152.24] RULEMAKING.

The commissioner shall adopt rules that set forth the procedures and methods for implementing sections 152.22 to 152.38, including:

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(1) receiving petitions from the public and requesting guidance from the Medical Cannabis Advisory Council to add debilitating medical conditions or treatments to the list of debilitating medical conditions in section 152.22, subdivision 7, and requiring public notice of a public hearing, and the opportunity to comment upon any petition;

(2) establishing the form and content of registration and renewal applications and forms submitted under sections 152.22 to 152.38;

(3) establishing a system to numerically score competing alternative treatment center applicants that must include analysis of:

(i) the suitability of the proposed location and its accessibility for patients;

(ii) the character, veracity, background, and relevant experience of principal officers and board members; and

(iii) the business plan proposed by the applicant, including its ability to maintain an adequate supply of cannabis, plans to ensure safety and security of patrons and the community, procedures to be used to prevent diversion, and any plan for making cannabis available to low-income registered qualifying patients;

(4) establishing a system to consider applications for and renewals of registry identification cards;

(5) establishing standards, in consultation with law enforcement personnel, for cannabis organizations to prevent diversion and theft without imposing an undue burden or compromising the confidentiality of cardholders, including:

(i) receiving applications for and renewals of registration certificates;

(ii) oversight requirements;

(iii) record-keeping requirements;

(iv) security requirements, including requirements for protection of each location by a fully operational security alarm system, facility access controls, perimeter intrusion detection systems, personnel identification system, and a 24-hour surveillance system that is accessible by law enforcement and to the commissioner;

(v) safety requirements;

(vi) requirements and procedures for the safe and accurate packaging and labeling of cannabis, including a list of all active ingredients, and in compliance with the United States Poison Prevention Packing Act regarding child resistant packaging and exemptions for packaging for elderly patients; and

(vii) requirements for the safe production and testing of cannabis;

(6) requirements for the testing and labeling of cannabis sold by alternative treatment centers, including a numerical indication of potency based on the ratio of THC and CBD to the weight of a cannabis product intended for oral consumption;

(7) establishing procedures and criteria for suspending or revoking the registration certificates or registry identification cards of medical cannabis organizations or cardholders who violate the provisions of sections 152.22 to 152.38 or the rules adopted under this section;

(8) establishing reasonable restrictions relating to signage, marketing, display, and advertising of cannabis;

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(9) accepting and investigating complaints;

(10) conducting criminal background checks on principal officers and board members of alternative treatment centers and safety compliance facilities; and

(11) establishing a cannabis inventory tracking system.

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

Sec. 5. [152.245] ADDITIONS TO THE LIST OF DEBILITATING MEDICAL CONDITIONS.

If the commissioner adds a debilitating disease or medical condition, or its treatment to the list of debilitating medical conditions in section 152.22, subdivision 7, the commissioner shall notify in a timely manner the chairs and ranking minority members of the legislative policy committees having jurisdiction over health and criminal justice of the addition and the reasons for its addition, including any written comments received by the commissioner from the public and any guidance received from the Medical Cannabis Advisory Council. The added disease or condition remains in effect unless the legislature by law provides otherwise.

Sec. 6. [152.25] REGISTRATION AND CERTIFICATION OF MEDICAL CANNABIS ORGANIZATIONS.

Subdivision 1. Registration. Not later than 90 days after receiving an application for a medical cannabis organization, the commissioner shall register the prospective medical cannabis organization and issue a registration certificate and a random 20-digit alphanumeric identification number if all of the following conditions are satisfied:

(1) the prospective medical cannabis organization has submitted all of the following:

(i) the application fee for an alternative treatment center of $15,000; if the application is not approved, $14,000 will be refunded;

(ii) the application fee for a safety compliance facility of $5,000; if the application is not approved, $4,000 will be refunded;

(iii) an application, including:

(A) the legal name of the prospective medical cannabis organization;

(B) the physical address of the prospective medical cannabis organization that indicates that it is not within 1,000 feet of a public or private school existing before the date of the medical cannabis organization's application;

(C) the name, date of birth, and address of each principal officer and board member of the proposed medical cannabis organization; and

(D) any additional information requested by the commissioner;

(iv) operating procedures consistent with rules for oversight of the proposed medical cannabis organization, including procedures to ensure accurate record keeping and adequate security measures; and

(v) if the county, home rule charter or statutory city, or town where the proposed medical cannabis organization is located has enacted zoning restrictions, a sworn statement certifying that the proposed medical cannabis organization is in compliance with the restrictions;

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(2) criminal background checks have been conducted on principal officers and board members of the prospective medical cannabis organization;

(3) none of the principal officers or board members of the medical cannabis organization has been convicted of a disqualifying felony offense or has served as a principal officer or board member for a medical cannabis organization that has had its registration certificate revoked;

(4) none of the principal officers or board members of the medical cannabis organization is under 21 years of age; and

(5) if the proposed medical cannabis organization is an alternative treatment center applicant, it is located in a county with more than 20,000 permanent residents and:

(i) the county does not already contain one alternative treatment center if it has a population of 300,000 or fewer;

(ii) the county does not already contain two alternative treatment centers if the county has a population of at least 300,000 and fewer than 1,000,000; and

(iii) the county does not already contain three alternative treatment centers if the county has a population of at least 1,000,000.

Subd. 2. Additional alternative treatment centers. A county that is greater than 5,000 square miles may have two alternative treatment centers, regardless of population.

Subd. 3. Commissioner discretion. Subject to the limits specified in subdivisions 1 and 2, the commissioner may register alternative treatment centers at the commissioner's discretion.

Subd. 4. Competing applications. When competing applications are submitted for a proposed alternative treatment center within a single county, the commissioner shall use the impartial and numerically scored competitive bidding process to determine which application or applications among those competing will be approved.

Subd. 5. Expiration. All registration certificates expire one year after the date of issue.

Subd. 6. Renewal. The commissioner shall issue a renewal registration certificate within ten days of receipt of the prescribed renewal application and renewal fee equivalent to the application fee required under subdivision 1 from a medical cannabis organization if its registration certificate is not under suspension or has not been revoked.

Sec. 7. [152.26] REGISTRY IDENTIFICATION CARDS.

Subdivision 1. Registration of qualifying patients and designated caregivers. A qualifying patient may apply to the commissioner for a registry identification card or for the renewal of a registry identification card by submitting all of the following:

(1) written certification issued by a licensed practitioner within the 90 days immediately preceding the date of application;

(2) the application fee of $140, unless the patient receives Social Security disability or Supplemental Security Insurance payments, or is enrolled in medical assistance and then the fee is $26; and

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(3) an application, including:

(i) name, mailing address, and date of birth of the qualifying patient;

(ii) name, mailing address, and telephone number of the qualifying patient's practitioner;

(iii) name, mailing address, and date of birth of the qualifying patient's designated caregiver, if any;

(iv) a signed statement from the designated caregiver, if applicable, agreeing to be the patient's designated caregiver and certifying that if the application is approved the designated caregiver is not a registered designated caregiver for more than five registered qualifying patients; and

(v) name of the qualifying patient's designated alternative treatment center.

The application fees in this subdivision are exempt from section 16A.1285, subdivision 2.

Subd. 2. Issuance. (a) Except as provided in clause (2) and subdivision 4, the commissioner shall:

(1) verify the information contained in an application or renewal submitted according to sections 152.22 to 152.38 and approve or deny an application or renewal within ten days of receiving a completed application or renewal; and

(2) issue a registry identification card to a qualifying patient and the patient's designated caregiver, if applicable, within five days of approving the application or renewal. A designated caregiver must have a registry identification card for each of the caregiver's qualifying patients.

(b) The commissioner may not issue a registry identification card to a qualifying patient who is under the age of 18 unless:

(1) the qualifying patient's practitioner has explained the potential risks and benefits of the medical use of cannabis to the qualifying patient and to the parent, guardian, or person having legal custody of the qualifying patient;

(2) at least two practitioners have issued a written certification within the 90 days immediately preceding the date of application;

(3) the parent, guardian, or person having legal custody consents in writing to allow the qualifying patient's medical use of cannabis; and

(4) a parent, guardian, or person having legal custody of the qualifying patient consents in writing to:

(i) serve as the qualifying patient's designated caregiver; and

(ii) control the acquisition of cannabis, the dosage, and the frequency of the medical use of the cannabis by the qualifying patient.

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Subd. 3. Contents of registry identification cards. Registry identification cards for qualifying patients and designated caregivers must contain all of the following:

(1) name and date of birth of the cardholder;

(2) a statement of whether the cardholder is a qualifying patient or a designated caregiver;

(3) the date of issuance and expiration date of the registry identification card;

(4) a random 20-digit alphanumeric identification number that is unique to the cardholder and contains at least four numbers and at least four letters;

(5) if the cardholder is a designated caregiver, the random identification number of the registered qualifying patient the designated caregiver is assisting;

(6) a photograph taken in full-face view directly facing the camera of the cardholder; and

(7) the name of the qualifying patient's designated alternative treatment center.

Subd. 4. Denial of registry identification cards. (a) The commissioner may deny an application or renewal of a qualifying patient's registry identification card only if the applicant:

(1) does not meet the requirements of section 152.22, subdivision 13;

(2) does not provide the information required;

(3) previously had a registry identification card revoked for violating sections 152.22 to 152.38; or

(4) provides false information.

(b) The commissioner may deny an application or renewal of a designated caregiver's registry identification card only if the applicant:

(1) does not meet the requirements of section 152.22, subdivision 8;

(2) does not provide the information required;

(3) previously had a registry identification card revoked for violating sections 152.22 to 152.38; or

(4) provides false information.

(c) The commissioner shall give written notice to the qualifying patient of the reason for denying a registry identification card to the qualifying patient or to the qualifying patient's designated caregiver.

(d) Denial of an application or renewal is considered a final decision of the commissioner and is subject to judicial review.

Subd. 5. Expiration. All registry identification cards expire one year after the date of issue.

Subd. 6. Lost registry identification cards. If a registry identification card is lost, the cardholder shall promptly notify the commissioner. Within five days of the notification, and upon payment of a $25 fee, the commissioner shall issue a new registry identification card with a new random identification number to the cardholder and, if the cardholder is a registered qualifying patient, to the registered qualifying patient's registered designated caregiver, if applicable.

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Sec. 8. [152.27] NOTIFICATIONS.

(a) A registered qualifying patient shall notify the commissioner within ten days of any change in the registered qualifying patient's name, mailing address, designated caregiver, or if the registered qualifying patient ceases to have a debilitating medical condition, or if the registered qualifying patient's registry identification card has been lost or stolen.

(b) A registered designated caregiver shall notify the commissioner within ten days of any name change or change in mailing address.

(c) A qualifying patient must notify the commissioner of any change in the qualifying patient's preferred designated alternative treatment center.

(d) If a cardholder notifies the commissioner of any changes listed in this section, but remains eligible under sections 152.22 to 152.38, the commissioner shall issue the cardholder a new registry identification card with new random 20-digit alphanumeric identification numbers within ten days of receiving the updated information and a $10 fee. If the person notifying the commissioner is a registered qualifying patient, the commissioner shall also issue the patient's registered designated caregiver, if any, a new registry identification card within ten days of receiving the updated information.

(e) A practitioner shall notify the commissioner when the practitioner no longer believes that a registered qualifying patient for whom the practitioner has issued a written certification:

(1) suffers from a debilitating medical condition; or

(2) will receive therapeutic or palliative benefit from the medical use of cannabis.

(f) When the registered qualifying patient's certifying practitioner notifies the commissioner that either the registered qualifying patient has ceased to suffer from a debilitating medical condition or that the practitioner no longer believes the patient would receive therapeutic or palliative benefit from the medical use of cannabis, the card is void upon notification to the qualifying patient by the commissioner, and the registered qualifying patient has 15 days to dispose of any cannabis.

(g) When a registered qualifying patient ceases to be a registered qualifying patient or changes the registered designated caregiver, the commissioner shall promptly notify the designated caregiver that the caregiver's duties and rights under sections 152.22 to 152.38 for the qualifying patient expire three days after the commissioner sends notification.

(h) A medical cannabis organization shall notify the commissioner within one business day of any theft or significant loss of cannabis.

(i) The commissioner shall notify all alternative treatment centers when a registry identification card has been lost by either a qualifying patient or a designated caregiver, or has been stolen. The notification must be given within five business days of the registry identification card being reported to the commissioner as lost or stolen.

Sec. 9. [152.28] MEDICAL CANNABIS ORGANIZATION REQUIREMENTS.

(a) The operating documents of a medical cannabis organization must include procedures for the oversight of the medical cannabis organization and procedures to ensure accurate record keeping.

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(b) A medical cannabis organization shall implement appropriate security measures to deter and prevent the theft of cannabis and unauthorized entrance into areas containing cannabis.

(c) All cultivation, harvesting, manufacturing, and packing of cannabis must take place in an enclosed, locked facility at a physical address provided to the commissioner during the registration process.

(d) A medical cannabis organization shall not share office space with or refer patients to a practitioner.

(e) A medical cannabis organization may not permit any person to consume cannabis on the property of a medical cannabis organization.

(f) Medical cannabis organizations are subject to reasonable inspection by the commissioner.

(g) A medical cannabis organization may not employ or otherwise allow any person who is under 21 years of age or who has been convicted of a disqualifying felony offense to be an agent of the medical cannabis organization. A medical cannabis organization shall request a criminal history background check on each agent before the agent may begin working with the medical cannabis organization.

(h) Before cannabis may be dispensed to a registered qualifying patient or a registered designated caregiver, a registered alternative treatment center agent must:

(1) verify that the registry identification card presented to the alternative treatment center is valid;

(2) verify that the person presenting the card is the person identified on the registry identification card presented to the alternative treatment center agent; and

(3) verify that the alternative treatment center where the card is being presented is the alternative treatment center designated by the qualifying patient.

(i) Information kept or maintained by a medical cannabis organization must identify cardholders by their registry identification numbers and must not contain names or other personally identifying information on cardholders.

Sec. 10. [152.29] MEDICAL CANNABIS ORGANIZATION LOCATIONS.

In addition to other zoning regulations applicable within a jurisdiction, a county, home rule charter or statutory city, or town may enact reasonable zoning regulations that limit the use of land for alternative treatment centers or safety compliance facilities to specified areas.

Sec. 11. [152.30] NURSING FACILITIES.

Nursing facilities licensed under chapter 144A, or boarding care homes licensed under section 144.50, may adopt reasonable restrictions on the medical use of cannabis by persons receiving services at the facility. The restrictions may include a provision that the facility will not store or maintain the patient's supply of cannabis, that the facility is not responsible for providing the cannabis for qualifying patients, and that cannabis be consumed only in a place specified by the facility. Nothing contained in this section shall require the facilities to adopt such restrictions, and no facility shall unreasonably limit a qualifying patient's access to or medical use of cannabis.

Sec. 12. [152.31] VERIFICATION SYSTEM.

The commissioner shall establish a secure telephone or Web-based verification system. The verification system must allow law enforcement personnel and registered medical cannabis organizations to enter a registry identification number and determine whether the number corresponds with a current, valid registry identification

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card. The system may disclose only whether the identification card is valid, the name of the cardholder, whether the cardholder is a qualifying patient or a designated caregiver, the name of the qualifying patient's designated alternative treatment center, and the registry identification number of any affiliated registered qualifying patient.

Sec. 13. [152.32] ANNUAL REPORT.

The commissioner shall report annually to the legislature on the number of applications for registry identification cards, the number of qualifying patients and designated caregivers approved, the nature of the debilitating medical conditions of the qualifying patients, the number of registry identification cards revoked, and the number of practitioners providing written certification for qualifying patients. The commissioner must not include identifying information on qualifying patients, designated caregivers, or practitioners in the report.

Sec. 14. [152.33] DATA PRACTICES.

(a) Data in registration applications and supporting data submitted by qualifying patients, designated caregivers, medical cannabis organizations, and practitioners, are private data on individuals or nonpublic data as defined in section 13.02.

(b) Government data of the commissioner under sections 152.22 to 152.45 may not be used for any purpose not provided for in those sections and may not be combined or linked in any manner with any other list or database.

(1) the verification of registration certificates and registry identification cards pursuant to section 152.31;

(2) notification to state or local law enforcement of suspected criminal violations of sections 152.22 to 152.38;

(3) notification to state or local law enforcement about falsified or fraudulent information submitted for purposes of obtaining or renewing a registry identification card;

(4) notification to the Board of Medical Practice or the Board of Nursing if there is reason to believe that a practitioner provided a written certification without completing a full assessment of the qualifying patient's medical history and current medical condition or if the commissioner has reason to believe the practitioner otherwise violated the standard of care for evaluating medical conditions;

(5) purposes of complying with chapter 13; and

(6) purposes of complying with a request from the legislative auditor or the state auditor in the performance of official duties.

(d) The commissioner may confirm the cardholder's status as a registered qualifying patient or a registered designated caregiver to a third party with the cardholder's informed consent.

Sec. 15. [152.34] PROTECTIONS FOR THE MEDICAL USE OF CANNABIS.

Subdivision 1. Presumption. (a) There is a presumption that a qualifying patient or designated caregiver is engaged in the authorized medical use of cannabis pursuant to sections 152.22 to 152.38. The presumption exists if the qualifying patient or designated caregiver:

(1) is in possession of a registry identification card; and

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(2) is in possession of an amount of cannabis that does not exceed the allowable amount of cannabis.

(b) The presumption may be rebutted by evidence that conduct related to the medical use of cannabis was not for the purpose of treating or alleviating the qualifying patient's debilitating medical condition or symptoms associated with the qualifying patient's debilitating medical condition pursuant to sections 152.22 to 152.38.

Subd. 2. Qualifying patient and designated caregiver. A registered qualifying patient or registered designated caregiver who possesses a valid registry identification card is not subject to arrest, prosecution, or penalty in any manner, including any civil penalty, or denial of any right or privilege, or disciplinary action by a court or occupational or professional licensing board or bureau for:

(1) the registered qualifying patient's medical use of cannabis pursuant to sections 152.22 to 152.38, if the registered qualifying patient does not possess more than the allowable amount of cannabis;

(2) the registered designated caregiver assisting a registered qualifying patient to whom the caregiver is connected through the commissioner's registration process with the registered qualifying patient's medical use of cannabis pursuant to sections 152.22 to 152.38, if the registered qualifying patient does not possess more than the allowable amount of cannabis;

(3) reimbursement by a registered qualifying patient to the patient's registered designated caregiver for direct costs incurred by the registered designated caregiver for assisting with the registered qualifying patient's medical use of cannabis;

(4) transferring cannabis to a safety compliance facility for testing;

(5) compensating an alternative treatment center or a safety compliance facility for goods or services provided; or

(6) offering or providing cannabis to a registered qualifying patient or a registered designated caregiver for a registered qualifying patient's medical use.

Subd. 3. Dismissal of charges. If a qualifying patient or a designated caregiver who is not in possession of a registry identification card is arrested for possession of an amount of cannabis that does not exceed the allowable amount or is charged with this, the patient or caregiver shall be released from custody and the charges dismissed upon production of a valid registry identification card issued in the person's name.

Subd. 4. Practitioner. A practitioner may not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including civil penalty or disciplinary action by the Board of Medical Practice or the Board of Nursing or by another business, occupational, or professional licensing board or entity, based solely on providing written certifications or for otherwise stating that, in the practitioner's professional opinion, a patient is likely to receive therapeutic or palliative benefit from the medical use of cannabis to treat or alleviate the patient's debilitating medical condition or symptoms associated with the debilitating medical condition. Nothing in sections 152.22 to 152.38 prevents a professional licensing board from sanctioning a practitioner for failing to properly evaluate a patient's medical condition or otherwise violating the standard of care for evaluating medical conditions.

Subd. 5. Legal counsel. An attorney may not be subject to disciplinary action by the Minnesota State Bar Association or other professional licensing association for providing legal assistance to prospective or registered alternative treatment centers, prospective or registered safety compliance facilities, or others related to activity that is no longer subject to criminal penalties under state law pursuant to sections 152.22 to 152.38.

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Subd. 6. Arrest and prosecution prohibited. No person may be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including any civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau, for:

(1) providing or selling cannabis paraphernalia to a cardholder or to a medical cannabis organization upon presentation of a valid registry identification card or registration certificate; or

(2) being in the presence or vicinity of the medical use of cannabis authorized under sections 152.22 to 152.38.

Subd. 7. Alternative treatment center. (a) An alternative treatment center or an alternative treatment center's agent is not subject to prosecution, search, or inspection, except by the commissioner pursuant to section 152.28, paragraph (f); seizure; or penalty in any manner; and may not be denied any right or privilege, including civil penalty or disciplinary action by a court or business licensing board or entity; for acting pursuant to sections 152.22 to 152.38, and rules authorized by sections 152.22 to 152.38 to:

(1) possess, plant, propagate, cultivate, grow, harvest, produce, process, manufacture, compound, convert, prepare, pack, repack, or store cannabis;

(2) possess, produce, store, or transport cannabis paraphernalia;

(3) purchase or obtain cannabis seeds from a cardholder or an entity that is registered to distribute cannabis under the laws of another state;

(4) deliver, transfer, or transport cannabis, cannabis paraphernalia, or related supplies and educational materials to or from other medical cannabis organizations;

(5) compensate a safety compliance facility for services or goods provided;

(6) purchase or otherwise acquire cannabis from another registered alternative treatment center; or

(7) dispense, supply, or sell, or deliver cannabis, cannabis paraphernalia, or related supplies and educational materials to registered qualifying patients, to registered designated caregivers on behalf of registered qualifying patients, or to other alternative treatment centers.

(b) The immunity provided in paragraph (a) does not apply to activities that are not permitted under sections 152.22 to 152.38, and rules authorized by sections 152.22 to 152.38.

Subd. 8. Safety compliance facility. (a) A safety compliance facility or a safety compliance facility agent is not subject to prosecution, search, or inspection, except by the commissioner pursuant to section 152.28, paragraph (g); seizure; or penalty in any manner; and may not be denied any right or privilege, including civil penalty or disciplinary action by a court or business licensing board or entity; for acting pursuant to sections 152.22 to 152.38 and rules authorized by sections 152.22 to 152.38, to provide the following services:

(1) acquiring, possessing, or transporting cannabis obtained from registry identification cardholders or medical cannabis organizations;

(2) returning the cannabis to the registry identification cardholder or medical cannabis organization from whom it was obtained;

(3) producing or selling educational materials related to cannabis;

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(4) producing, possessing, selling, or transporting cannabis paraphernalia and equipment or materials other than cannabis to medical cannabis organizations or to cardholders, including lab equipment and packaging materials;

(5) testing cannabis, including for potency, pesticides, mold, or contaminants;

(6) providing training to cardholders; or

(7) receiving compensation for services or goods other than cannabis provided under sections 152.22 to 152.38.

(b) The immunity provided in paragraph (a) does not apply to activities that are not permitted under sections 152.22 to 152.38, and rules authorized by sections 152.22 to 152.38.

Subd. 9. Property rights. Any interest in or right to property that is lawfully possessed, owned, or used in connection with the medical use of cannabis as authorized in sections 152.22 to 152.38, or acts incidental to such use, is not forfeited under sections 609.531 to 609.5318.

Subd. 10. Discrimination prohibited. (a) No school or landlord may refuse to enroll or lease to and may not otherwise penalize a person solely for the person's status as a cardholder, unless failing to do so would violate federal law or regulations or cause the school or landlord to lose a monetary or licensing-related benefit under federal law or regulations.

(b) For the purposes of medical care, including organ transplants, a registered qualifying patient's medical use of cannabis according to sections 152.22 to 152.38 is considered the equivalent of the authorized use of any other medication used at the discretion of a physician and does not constitute the use of an illicit substance or otherwise disqualify a qualifying patient from needed medical care.

(c) Unless a failure to do so would violate federal law or regulations or cause an employer to lose a monetary or licensing-related benefit under federal law or regulations, an employer may not discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalize a person, if the discrimination is based upon either of the following:

(1) the person's status as a registered qualifying patient or a registered designated caregiver; or

(2) a registered qualifying patient's positive drug test for cannabis components or metabolites, unless the patient used, possessed, or was impaired by cannabis on the premises of the place of employment or during the hours of employment.

(d) A person shall not be denied custody of or visitation rights or parenting time with a minor solely for the person's status as a registered qualifying patient or a registered designated caregiver, and there shall be no presumption of neglect or child endangerment for conduct allowed under sections 152.22 to 152.38, unless the person's behavior is such that it creates an unreasonable danger to the safety of the minor as established by clear and convincing evidence.

Subd. 11. Card as probable cause. Possession of or application for a registry identification card by a person entitled to possess or apply for the card does not constitute probable cause or reasonable suspicion, nor shall it be used to support a search of the person or property of the person possessing or applying for the registry identification card, or otherwise subject the person or property of the person to inspection by any governmental agency.

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Sec. 16. [152.36] SUSPENSION AND REVOCATION.

Subdivision 1. Suspension or revocation of registration certificate. The commissioner may by motion or on complaint, after investigation and opportunity for a public hearing at which the medical cannabis organization has been afforded an opportunity to be heard, suspend or revoke a registration certificate for multiple negligent violations or for a serious and knowing violation by the registrant or any of its agents of sections 152.22 to 152.38, or any rules adopted pursuant to section 152.24.

Subd. 2. Notice. The commissioner shall provide notice of suspension, revocation, fine, or other sanction, as well as the required notice of the hearing, by mailing the same in writing to the registered organization at the address on the registration certificate. A suspension shall not be longer than six months.

Subd. 3. Suspensions. An alternative medical center may continue to cultivate and possess cannabis during a suspension, but it may not dispense, transfer, or sell cannabis.

Subd. 4. Diversion by medical cannabis organization. The commissioner shall immediately revoke the registration certificate of a medical cannabis organization that violates section 152.37, subdivision 2, and its board members and principal officers may not serve as board members or principal officers for any other medical cannabis organization.

Subd. 5. Diversion by cardholder. The commissioner shall immediately revoke the registry identification card of any cardholder who transfers cannabis to a person who is not allowed to possess cannabis for medical purposes under sections 152.22 to 152.38, and the cardholder is disqualified from further participation under sections 152.22 to 152.38.

Subd. 6. Revocation of registry identification card. The commissioner may revoke the registry identification card of any registered qualifying patient or registered designated caregiver who knowingly commits a serious violation of this chapter.

Subd. 7. Judicial review. Revocation is a final decision of the commissioner, subject to judicial review.

Sec. 17. [152.37] VIOLATIONS.

Subdivision 1. Failure to provide required notice; civil penalty. A registered qualifying patient, designated caregiver, or registered organization that willfully fails to provide a notice required by section 152.27 is guilty of a petty misdemeanor, punishable by a fine of no more than $150.

Subd. 2. Intentional diversion; criminal penalty. In addition to any other applicable penalty in law, a medical cannabis organization or an agent of a medical cannabis organization who intentionally transfers cannabis to a person other than a qualifying patient, a designated caregiver, or a medical cannabis organization or its agent is guilty of a felony punishable by imprisonment for not more than two years or by payment of a fine of not more than $3,000, or both. A person convicted under this subdivision may not continue to be affiliated with the medical cannabis organization and is disqualified from further participation under sections 152.22 to 152.38.

Subd. 3. Diversion by cardholder; criminal penalty. In addition to any other applicable penalty in law, a registered qualifying patient or registered designated caregiver who intentionally sells or otherwise transfers cannabis to a person other than a qualifying patient or a designated caregiver is guilty of a felony punishable by imprisonment for not more than two years or by payment of a fine of not more than $3,000, or both.

Subd. 4. Transfer of registry identification card; criminal penalty. In addition to any other applicable penalty in law, a qualifying patient or designated caregiver who sells, transfers, loans, or otherwise gives another person the qualifying patient's or designated caregiver's registry identification card, or a person who without authority uses another's card, is guilty of a felony and may be sentenced to imprisonment for not more than two years, or payment of a fine of not more than $3,000, or both.

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Subd. 5. False statement; criminal penalty. A person who intentionally makes a false statement to a law enforcement official about any fact or circumstance relating to the medical use of cannabis to avoid arrest or prosecution is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or by payment of a fine of not more than $1,000, or both. The penalty is in addition to any other penalties that may apply for making a false statement or for the possession, cultivation, or sale of cannabis not protected by sections 152.22 to 152.38. If a person convicted of violating this section is a qualifying patient or a designated caregiver, the person is disqualified from further participation under sections 152.22 to 152.38.

Subd. 6. Submission of false records; criminal penalty. A person who knowingly submits false records or documentation required by the commissioner to certify a medical cannabis organization under sections 152.22 to 152.38 is guilty of a felony and may be sentenced to imprisonment for not more than two years, or payment of a fine of not more than $3,000, or both.

Subd. 7. Violation by practitioner; criminal penalty. A practitioner who knowingly refers patients to a medical cannabis organization or to a designated caregiver, who advertises in a medical cannabis organization, or who issues written certifications while holding a financial interest in a medical cannabis organization is guilty of a misdemeanor and may be sentenced to imprisonment for not more than 90 days, or payment of a fine of not more than $1,000, or both.

Subd. 8. Breach of confidentiality; criminal penalty. It is a misdemeanor for any person, including the commissioner or another state agency or local government, to breach the confidentiality of information obtained pursuant to sections 152.22 to 152.38.

Subd. 9. Other violations; civil penalty. A medical cannabis organization shall be fined up to $1,000 for any violation of sections 152.22 to 152.38, or the regulations issued pursuant to them, where no penalty has been specified. This penalty is in addition to any other applicable penalties in law.

Subd. 10. Unauthorized use of cannabis; civil penalty. A registered qualifying patient who smokes cannabis is subject to a civil penalty punishable by a fine of no more than $200.

Sec. 18. [152.38] IMPLEMENTATION.

The commissioner must begin issuing registry identification cards and registration certificates under sections 152.22 to 152.37 by July 1, 2015.

Sec. 19. [152.39] FEES.

(a) The fees in sections 152.22 to 152.38 are deposited in the state government special revenue fund for use by the commissioner to administer sections 152.22 to 152.38.

(b) The total fees collected must generate revenues sufficient to implement and administer sections 152.22 to 152.38, except fee revenue may be offset or supplemented by private donations.

(c) The total amount of revenue from registration certificate application and renewal fees must be sufficient to implement and administer the provisions of sections 152.22 to 152.38 relating to medical cannabis organizations, including the verification system, except fee revenue may be offset or supplemented by private donations.

(d) The commissioner may establish a sliding scale of patient application and renewal fees based upon a qualifying patient's household income.

(e) The commissioner may accept private donations to reduce application and renewal fees.

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Sec. 20. [152.40] MEDICAL CANNABIS ADVISORY COUNCIL.

Subdivision 1. Membership. The Medical Cannabis Advisory Council consists of the following nine members:

(1) four health care practitioners with experience in treating patients with debilitating medical conditions, appointed by the commissioner of health;

(2) a representative of patients with debilitating medical conditions, appointed by the commissioner of health;

(3) the commissioner of public safety or a designee;

(4) the commissioner of health or a designee;

(5) the commissioner of human services or a designee; and

(6) a chemist or other scientist with professional expertise in evaluating the properties and qualities of cannabis, appointed by the commissioner of health.

Subd. 2. Duties. The advisory council shall:

(1) make recommendations to the commissioner and the legislature on implementing sections 152.22 to 152.39;

(2) assist the commissioner in reviewing petitions to add medical conditions, symptoms, or treatments to the list of debilitating medical conditions;

(3) provide recommendations on rules to be adopted;

(4) investigate and make recommendations related to the effectiveness of alternative treatment centers, individually and collectively, in serving the needs of qualifying patients;

(5) investigate and make recommendations related to the sufficiency of the regulatory and security safeguards adopted; and

(6) investigate and make recommendations related to best practices in other states that allow for the medical use of cannabis.

Subd. 3. Governance. The council shall be governed by section 15.059.

Subd. 4. Chair; meetings. The commissioner of health or the commissioner's designee shall serve as chair of the council and must convene meetings at least quarterly. A quorum is not required for council action.

Subd. 5. Reports. The council must report to the commissioner of health on an ongoing basis on the actions of the council, and must consult with the commissioner in the preparation of the report to the legislature under section 152.45.

Subd. 6. Staffing. The commissioner of health must provide staffing and administrative support to the council as needed for the council to fulfill its duties.

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

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Sec. 21. [152.45] ASSESSMENT OF THE MEDICINAL USE OF CANNABIS.

(a) The commissioner of health, in consultation with the Medical Cannabis Advisory Council, shall assess the impacts of the use of cannabis for medical purposes in Minnesota. The assessment must address issues and concerns identified by community representatives with particular emphasis on:

(1) program design and implementation, including verification procedures and provisions to prevent diversion;

(2) patient experiences;

(3) impact on the health care provider community;

(4) impact on substance abuse;

(5) access to and quality of product;

(6) law enforcement activities and concerns;

(7) public awareness and perception; and

(8) any unintended consequences.

(b) The commissioner of health shall submit a biennial assessment report on the issues identified in paragraph (a), and any other issue identified by the commissioner or the advisory council to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over health and human services, judiciary, and civil law with the first report due February 15, 2015, and every other February 15th thereafter.

(c) As part of the report submitted on February 15, 2015, the commissioner of health shall include (1) an assessment of experiences of other states with current medical cannabis programs; (2) a review of existing medical research and literature on the necessary amounts of product and the effectiveness of different delivery systems; and (3) development of a method to track practitioners who are providing written certifications to registered qualifying patients, and the debilitating medical conditions that have been certified by these practitioners.

(d) Each January 15, beginning January 15, 2015, and ending January 15, 2019, the commissioner of public safety shall report on the costs incurred by the Department of Public Safety and other law enforcement entities on implementing sections 152.22 to 152.40, and the commissioner of health shall report on the costs incurred by the Department of Health in implementing sections 152.22 to 152.40. The reports must compare actual costs to the estimated costs of implementing these sections and must be submitted to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over health and human services and criminal justice policy and funding.

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

Sec. 22. Minnesota Statutes 2012, section 256B.0625, subdivision 13d, is amended to read:

Subd. 13d. Drug formulary. (a) The commissioner shall establish a drug formulary. Its establishment and publication shall not be subject to the requirements of the Administrative Procedure Act, but the Formulary Committee shall review and comment on the formulary contents.

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(b) The formulary shall not include:

(1) drugs, active pharmaceutical ingredients, or products for which there is no federal funding;

(2) over-the-counter drugs, except as provided in subdivision 13;

(3) drugs or active pharmaceutical ingredients used for weight loss, except that medically necessary lipase inhibitors may be covered for a recipient with type II diabetes;

(4) drugs or active pharmaceutical ingredients when used for the treatment of impotence or erectile dysfunction;

(5) drugs or active pharmaceutical ingredients for which medical value has not been established; and

(6) drugs from manufacturers who have not signed a rebate agreement with the Department of Health and Human Services pursuant to section 1927 of title XIX of the Social Security Act.; and

(7) cannabis as defined in section 152.22.

(c) If a single-source drug used by at least two percent of the fee-for-service medical assistance recipients is removed from the formulary due to the failure of the manufacturer to sign a rebate agreement with the Department of Health and Human Services, the commissioner shall notify prescribing practitioners within 30 days of receiving notification from the Centers for Medicare and Medicaid Services (CMS) that a rebate agreement was not signed.

Sec. 23. ADVISORY COUNCIL INITIAL APPOINTMENTS; INITIAL MEETING.

The commissioner of health shall make initial appointments to the Medical Cannabis Advisory Council established in Minnesota Statutes, section 152.40, by July 15, 2014, and shall convene the first meeting of the council by August 1, 2014.

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

Sec. 24. APPROPRIATIONS.

(a) $3,516,000 in fiscal year 2015 is appropriated from the state government special revenue fund to the commissioner of health to implement Minnesota Statutes, sections 152.22 to 152.45. The base for this appropriation is $2,897,000 in fiscal year 2016 and $2,357,000 in fiscal year 2017.

(b) $117,000 in fiscal year 2015 is appropriated from the state government special revenue fund to the commissioner of health to conduct the assessment of the medicinal use of cannabis as described in section 21. The base for this appropriation is $124,000 in fiscal years 2016 and 2017. The commissioner of health shall execute an interagency agreement to transfer $609,000 in fiscal year 2015 to the commissioner of public safety for enforcement activities related to Minnesota Statutes, sections 152.22 to 152.45. The base for this purpose is $609,000 in fiscal years 2016 and 2017.

Sec. 25. EFFECTIVE DATE.

Sections 1 to 3, 5 to 19, and 22 are effective July 1, 2014."

Amend the title accordingly

A roll call was requested and properly seconded.

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Garofalo moved to amend his amendment to S. F. No. 2470, the second unofficial engrossment, as amended, as follows:

Page 2, line 8, delete "post-traumatic stress disorder,"

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

The question recurred on the Garofalo amendment and the roll was called. There were 28 yeas and 97 nays as follows:

Those who voted in the affirmative were:

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:

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned:

H. F. No. 2386, A bill for an act relating to judiciary; modifying filing of petition for relief from conviction; modifying notice to offender for restitution; amending Minnesota Statutes 2012, sections 590.02, subdivision 3; 611A.045, subdivision 3.

JoAnne M. Zoff, Secretary of the Senate

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Mr. Speaker:

I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:

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The Senate has appointed as such committee:

Senators Sheran, Wiklund, Rosen, Lourey and Hayden.

Said House File is herewith returned to the House.

JoAnne M. Zoff, Secretary of the Senate

Mr. Speaker:

I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:

H. F. No. 2576, A bill for an act relating to criminal justice; modifying provisions governing expungement of criminal records; requiring business screening services to delete expunged records; allowing expungement of eviction records in certain cases; appropriating money; amending Minnesota Statutes 2012, sections 245C.22, subdivision 7; 245C.23, subdivision 1; 260B.198, subdivision 6; 332.70, by adding a subdivision; 504B.345, subdivision 1; 609A.02, subdivision 3; 609A.03, subdivisions 1, 5, 7, 8, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 609A.

The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.

JoAnne M. Zoff, Secretary of the Senate

Mr. Speaker:

I hereby announce the 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. 2852, A bill for an act relating to natural resources; modifying game and fish laws; modifying use of vehicles for hunting; modifying oversight committee provisions; modifying provisions for wildlife management areas; modifying license provisions and fees; modifying invasive species provisions; providing for certain grants; requiring development of certain master plan; modifying provisions for taking wild animals; authorizing nonlethal hazing of Canada geese; modifying disability-related angling and hunting licenses and special permit provisions; providing for designations on driver's license and Minnesota identification card; updating and eliminating certain obsolete language; modifying prior appropriations; requiring issuance of general permit; requiring a report; requiring rulemaking; amending Minnesota Statutes 2012, sections 84.154, subdivisions 1, 2, 3; 84.777, subdivision 2; 84.87, by adding a subdivision; 84.944, subdivision 2; 84A.10; 84A.50; 84D.01, subdivision 8b; 97A.025; 97A.055, subdivision 4b; 97A.131; 97A.137, subdivision 3, by adding a subdivision; 97A.311, subdivision 5, by adding a subdivision; 97A.434, subdivision 1; 97A.441, subdivisions 1, 5; 97A.473, subdivisions 2a, 2b, 5, 5a; 97A.502; 97B.031, subdivision 5; 97B.081, subdivision 3; 97B.086; 97B.095; 97B.111, subdivision 1; 97B.516; 97B.605; 97B.646; 97B.655, subdivision 1; 97B.667, subdivisions 3, 4; 97B.731, subdivision 1; 97C.821; 171.07, subdivision 15, by adding a subdivision; Minnesota Statutes 2013 Supplement, sections 97A.441, subdivisions 6, 6a; 97A.475, subdivisions 2, 3; 97A.485, subdivision 6; Laws 2008, chapter 363, article 5, section 4, subdivision 7, as amended;

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proposing coding for new law in Minnesota Statutes, chapters 87A; 97B; 97C; repealing Minnesota Statutes 2012, sections 84.154, subdivision 5; 84A.04; 84A.08; 84A.11; 97A.081; 97A.083; 97A.445, subdivision 3; 97A.4742, subdivision 3; 97B.061; 97B.611; 97B.615; 97B.621, subdivisions 1, 4; 97B.625; 97B.631; 97B.635; 97B.711; 97B.715, subdivision 2; 97B.803; 97B.911; 97B.915; 97B.921; 97B.925; 97C.011; 97C.827; Minnesota Rules, part 6100.5100.

JoAnne M. Zoff, Secretary of the Senate

Dill moved that the House refuse to concur in the Senate amendments to H. F. No. 2852, that the Speaker appoint a Conference Committee of 3 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.

Mr. Speaker:

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

S. F. No. 2192, A bill for an act relating to environment; prohibiting and regulating certain lead and mercury products; regulating certain products containing formaldehyde; amending Minnesota Statutes 2012, sections 115A.932, subdivision 1; 116.92, subdivisions 4, 5, 6, 8j, by adding a subdivision; Minnesota Statutes 2013 Supplement, sections 325F.176; 325F.177; proposing coding for new law in Minnesota Statutes, chapter 116.

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

Senators Marty, Hoffman and Osmek.

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

JoAnne M. Zoff, Secretary of the Senate

Hortman 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. 2192. The motion prevailed.

Mr. Speaker:

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

S. F. Nos. 1770, 2255 and 2268.

JoAnne M. Zoff, Secretary of the Senate

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FIRST READING OF SENATE BILLS

S. F. No. 1770, A bill for an act relating to data practices; clarifying application of government data practices act to parties contracting with a government entity; amending Minnesota Statutes 2012, section 13.05, subdivision 11; proposing coding for new law in Minnesota Statutes, chapter 13.

The bill was read for the first time.

Lesch moved that S. F. No. 1770 and H. F. No. 2167, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2255, A bill for an act relating to deposits and investments of public funds; granting the Metropolitan Council additional investment authority; making certain conforming technical changes; amending Minnesota Statutes 2012, sections 118A.03, subdivision 5; 118A.04, subdivisions 7, 8; 118A.07; 473.543, subdivision 3.

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

S. F. No. 2268, A bill for an act relating to metropolitan transit; expanding scope of jurisdiction of Transportation Accessibility Advisory Committee; amending Minnesota Statutes 2012, sections 473.375, by adding a subdivision; 473.386, subdivision 2.

The bill was read for the first time.

Masin moved that S. F. No. 2268 and H. F. No. 2751, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.

ANNOUNCEMENTS BY THE SPEAKER

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 2852:

Dill, Isaacson and McNamara.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 2192:

Hortman, Mullery and McNamara.

REPORT FROM THE COMMITTEE ON RULES

AND LEGISLATIVE ADMINISTRATION

Murphy, E., 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 Tuesday, May 13, 2014 and established a prefiling requirement for amendments offered to the following bills:

H. F. No. 3368; S. F. No. 2546; and H. F. Nos. 2490, 1068, 155 and 2989.

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MOTIONS AND RESOLUTIONS

Schoen moved that the name of Lillie be added as an author on H. F. No. 435. The motion prevailed.

Atkins moved that the name of Bernardy be added as an author on H. F. No. 1952. The motion prevailed.

Erickson, S., moved that the name of Hoppe be added as an author on H. F. No. 2270. The motion prevailed.

Lenczewski moved that the name of Poppe be added as an author on H. F. No. 3167. The motion prevailed.

ADJOURNMENT

Murphy, E., moved that when the House adjourns today it adjourn until 11:00 a.m., Monday, May 12, 2014. The motion prevailed.

Murphy, E., moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 11:00 a.m., Monday, May 12, 2014.

Albin A. Mathiowetz, Chief Clerk, House of Representatives