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Minutes for HB2184 - Committee on Federal and State Affairs

Short Title

Creating the Kansas medical marijuana regulation act.

Minutes Content for Mon, Mar 29, 2021

Chairperson Barker stated that today is the last day to work HB2184.  As a result, the Chair will limit people on certain procedural matters.  The Revisor confirmed that Carpenter Amendment No. 1 was adopted by the Committee with several changes on March 25, 2021.  The Chairman stated that he anticipates closing down debate at 9:15 a.m.

Representative Garber moved to amend HB2184, seconded by Representative Ruiz

Representative Garber said that this amendment (Attachment 1) adds a new subsection (6) to Section 3 authorizing any limitation on the number of any licenses awarded under this act to otherwise qualified applicants or authorize any state agency through rules and regulations to effectively limit the number of licenses available.  It takes away any caps.   In addition, he has amendments on pages 15, 19, and 21, to add back in the preferences for licenses that were omitted.  A summary of his amendments has been distributed to the Committee (Attachment 2).  The changes he is referring to are on page 3, Section 4c of that summary, but those will be put back in HB2124

The Revisor provided an additional explanation of these amendments. 

Chairperson Barker stated that they are considering the entire amendment with those sections that were previously struck being put back in.  Discussion ensued. 

Representative Garber closed on his amendments.  An oral vote was taken, and it was the opinion of the Chair that the Ayes had it.  Division was called.  A vote was taken by a raising of hands.  The amendments passed by a vote of twelve aye votes to ten no votes.  The amendments to HB2124 were approved.

The following representatives asked to have their no votes recorded:  Representatives Howe, Jacobs, Waggoner, Carpenter, and Burris.

Representatives Highberger and Houser asked to have their yes votes recorded.

Representative Eplee moved to amend HB2184, with Eplee Amendment No. 1, seconded by Vice-Chairperson Arnberger.

Representative Eplee stated he had three amendments.  Eplee Amendment No. 1  (Attachment 3) allows the Board of Healing Arts to do the vetting to ensure they are appropriate providers/physicians for recommending marijuana, that they stay current on their licenses, and it establishes an annual fee not to exceed $175. 

Representative Eplee closed on Eplee Amendment No. 1.  An oral vote was taken.  Eplee Amendment No. 1 to HB2184 was approved.

Representative Eplee moved to amend HB2184 with Eplee Amendment No. 2, seconded by Vice-Chairperson Arnberger.

Representative Eplee stated this amendment (Attachment 4) is the employer direct testing policy.  This allows core employers to continue drug testing policies, each varying from employer to employer.  Several states have this same language.  It protects employers in the event they want to drug test someone.  It does not let an employee off the hook if they have THC in their system. This wording is from the Kansas Chamber.  

Discussion ensued. 

Representative Eplee closed on Eplee Amendment No. 2.  Eplee Amendment No. 2 to HB2184 was approved.

Representative Eplee moved to amend HB2184 with Eplee Amendment No. 3, seconded by Representative Ruiz.

Representative Eplee stated that Eplee Amendment No. 3 (Attachment 5)  deals with the physician-designee relationship which is defined on pages 2, 8, 11, and 12, and lab testing and pharmacy.   The Committee also received the explanation he prepared of this amendment (Attachment 6).  On Attachment 2 to Eplee Amendment No. 3, the percentage shown in Sec. 42(b)(1) of two percent should be one percent so that change should be noted.

Discussion ensued. 

Representative Eplee closed on Eplee Amendment No. 3.  An oral vote was held.  Eplee Amendment No. 3 to HB2184 was approved.

Representative Hoye moved to amend HB2184, seconded by Representative Ruiz.

Representative Hoye stated this amendment (Attachment 7) relates to packaging in accordance with child-resistant standards. Discussion followed.

Representative Hoye closed on her amendment to HB2184.  Following an oral vote, the amendment was approved.

Representative Smith moved to amend HB2184, seconded by Representative Eplee.

Representative Smith stated that this amendment (Attachment 8) relates to tamper-proof packaging.

The Revisor provided additional information on the amendment.  Discussion ensued.

Representative Smith closed on his motion to amend HB2184.  Following an oral vote, the Chair stated the ayes had it.  Division was called.  The amendment was approved by a vote of thirteen ayes to eight nos.

Vice-Chairperson Arnberger moved to amend HB2184, seconded by Representative Penn.

Vice-Chairperson Arnberger stated that her amendment  (Attachment 9) is similar to what the Committee has seen before.  It takes some of the sales tax revenues and gives them to the Certified Community Behavioral Health Clinics Fund (CCBHC), the Kansas Court Appointed Special Advocates Fund (CASA), and to the IDD population.  The Revisor further explained the amendment.

Chairperson Barker stated he was in support of this amendment.  Discussion ensued.

Vice-Chairperson Arnberger closed on her amendment.  Following an oral vote, the Chair stated the ayes had it.  Division was called.  The amendment failed by a vote of seven aye votes to eleven no votes.

Vice-Chairperson Arnberger called the question.  Discussion followed.

Representative Miller moved that HB2184, as amended, be recommended favorably for passage, seconded by Chairperson Barker.

Vice-Chairperson Arnberger moved to call the question on HB2184, as amended, seconded by Representative Woodard.

Chairperson Barker stated the question has been called, and this is a nondebatable motion.  If the motion prevails, the Committee will then vote on HB2184.

A vote was taken on the motion to call the question.  It was the opinion of the Chair the ayes had it.  Division was called.  A vote was taken by a raising of hands.  The vote was tied by an eleven to eleven vote.  Chairperson Barker voted aye.  The motion carried.

The following Representatives asked to have their no votes recorded:  Representatives Highberger, Howe, Jacobs, Carpenter, Burris, Waggoner, and Penn.

Representative Smith called a point of order.  In response to his question, Chairperson Barker stated the motion to call the question does not require a two-thirds vote.

Chairperson Barker asked the Committee to open their folders on SB158 and called for the pleasure of the Committee.

Vice-Chairperson Arnberger moved to recommend SB158 favorably for passage, seconded by Representative Ruiz.

Chairperson Barker moved to insert the contents of HB2184 into SB158, making it House Substitute for SB158, seconded by Representative Miller.

Discussion ensued. 

Representative Jacobs moved to table SB158, seconded by Representative Resman.  An oral vote was taken, and the opinion of the chair was the nos have it.  Division was called.  The motion to table SB158 failed by a vote of nine ayes to twelve no's.

Chairperson Barker renewed his motion to insert the contents of HB2184 into SB158, making it H. Sub for SB158

The Chairman noted that there already was a motion and a second.  An oral vote was taken, and it was the opinion of the Chair the ayes had it.  Division was called.  The motion to insert the contents of HB2184 into SB158, making it H. Sub for SB158, was approved by a vote of eleven aye votes to ten no votes.

Chairperson Barker moved to recommend H. Sub for SB158 favorably for passage, seconded by Representative Miller.

Chairperson Barker opened the floor for discussion.  There was none.

An oral vote was taken, and it was the opinion of the Chair the ayes had it.  Division was called.  H. Sub for SB158 was favorably passed by a vote of thirteen yes votes to eight no votes.

Chairperson Barker thanked the Committee for the work they had done on this committee.  Representative Ruiz also expressed his appreciation and thanks to the Chairman and the Committee.  Vice-Chairperson Arnberger expressed her thanks and appreciation to the Committee.

The meeting was adjourned at 9:15 a.m.