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Minutes for SB158 - Committee on Federal and State Affairs
Short Title
House Substitute for SB 158 by Committee on Federal and State Affairs - Creating the Kansas medical marijuana regulation act.
Minutes Content for Tue, May 4, 2021
Chairperson Barker stated that H.Sub for SB158 was referred back to this Committee for further action. He called for the pleasure of the Committee.
Vice-Chairperson Arnberger moved to recommend H.Sub for SB158 favorably for passage, seconded by Representative Ruiz.
Chairperson Barker stated that this Committee passed this bill out and it has been referred back. What is being done today is the first step in the process. If the bill is passed out of committee and it gets to the floor of the House, there will likely be a number of amendments offered. Some will get attached, but some will not. It will then go to the Senate. When it comes back from the Senate, many of us may not be able to recognize the original bill. At that time if we cannot agree to the Senate's version, a motion to nonconcur will be made and a conference committee will be set up. If the parties are able to arrive at an agreement in conference committee, the bill will be run on the floor of the House again.
Representative Carpenter moved to amend H.Sub for SB158, seconded by Representative Garber.
Representative Carpenter went through his amendment page by page (Attachment 1) (Attachment 1A). The Revisor further explained the amendment and went over the attachments to the amendment.
Discussion ensued.
Representative Carpenter closed on his motion to amend H.Sub for SB158. An oral vote was taken. The amendment to H.Sub for SB158 was approved.
Representative Highberger's no vote is recorded.
Representative Howe moved to amend H.Sub for SB158, seconded by Representative Burris.
The Revisor explained the amendment (Attachment 2). This amendment would require that a dispensary be a licensed pharmacy that is operated by a pharmacist licensed in Kansas and who is registered with the board of pharmacy. It would also add a new section 39 requiring the Board of Pharmacy to adopt rules and regulations establishing requirements for a pharmacy to register as a retail dispensary and the reporting relating thereto.
Discussion ensued.
Representative Howe closed on his motion to amend H.Sub for SB158. Following an oral vote, the amendment failed to pass.
Representative Highberger's no vote is recorded.
Chairperson Barker moved to amend H.Sub for SB158, seconded by Representative Houser.
The Revisor explained the amendment (Attachment 3). This is the Revisor's effort to clean up the bill. He combined a number of superfluous sections and made some clarifications in the language.
Discussion ensued.
Chairperson Barker closed on his motion. Following an oral vote, the amendment to H.Sub for SB158 was approved.
Chairperson Barker moved to amend H.Sub for SB158, seconded by Representative Ruiz.
The Revisor stated that this amendment (Attachment 4) gives the State Treasurer additional latitude in establishing a payment processing system.
Chairperson Barker closed on his motion. Following an oral vote, the amendment to H.Sub for SB158 was approved.
Chairperson Barker moved to amend H.Sub for SB158, seconded by Vice-Chairperson Arnberger.
The Revisor stated that this amendment (Attachment 5) adds a number of definitions. There were also some discrepancies in residency requirements in terms of durations; for individuals, some were two years, some were four years, some were five years. This amendment makes them all uniform at four years. Changes have also been made to the fee structures.
Discussion ensued.
Representative Carpenter made a substitute motion to strike Sections A and B on page 26 from the amendment, seconded by Vice-Chairperson Arnberger.
Discussion ensued.
Representative Carpenter closed on his substitute motion to strike Sections A and B on page 26 from the amendment. Following an oral vote, the motion was approved.
The no votes of Representatives Hoye and Highberger are recorded.
Chairperson Barker stated they are back on the amendment (Attachment 5). Discussion followed.
Chairperson Barker closed on his motion to amend H. Sub for SB158 (Attachment 5). Following an oral vote, the amendment to H.Sub for SB158 was approved.
Chairperson Barker moved to amend H.Sub for SB158, seconded by Representative Penn.
Chairperson Barker stated that this amendment was requested by the Kansas Department of Health and Environment (KDHE) (Attachment 6). This moves the implementation of the bill out a year so that KDHE can prepare the necessary rules and regulations to administer the program.
The Revisor provided additional comments.
Chairperson Barker closed on his motion. Following an oral vote, the amendment to H.Sub for SB158 was approved.
Chairperson Barker stated they were back on the bill.
Vice-Chairperson Arnberger moved to recommend H.Sub for SB158, as amended, favorably for passage, seconded by Representative Carpenter. An oral vote was held, and it was the Chair's opinion that the ayes had it. Division was called by Representative Jacobs. A vote was taken by a raising of hands. H.Sub for SB158, as amended, was favorably passed by a vote of 12 yes votes to eight no votes.
The following representatives asked to have their yes votes recorded: Representatives Poetter, Clayton, Woodard, Highberger, and Hoye.
The following representatives asked to have their no votes recorded: Representatives Penn, Jacobs, and Waggoner.
The meeting was adjourned at 9:43 a.m.
