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Public Safety and Civil Justice

FORTY-FIRST MEETING

2007-2008 Regular Session - Tuesday, March 18, 2008

STATE OF MINNESOTA FORTY-FIRST MEETING
HOUSE OF REPRESENTATIVES EIGHTY-FIFTH SESSION

PUBLIC SAFETY AND CIVIL JUSTICE POLICY COMMITTEE

MINUTES


Representative Mullery, Chair, called the meeting to order at 2:03 P.M. on Tuesday, March 18, 2008, in the Basement Hearing Room of the State Office Building.

The Committee Legislative Assistant noted the roll.

PRESENT EXCUSED
Mullery, Chair Kohls
Kalin, Vice-Chair
Bigham
Cornish
DeLaForest
Emmer
Hilstrom
Holberg
Johnson
Kranz
Lesch
Lillie
Olin
Paymar
Sailer
Simon
Smith
Westrom

A quorum was present.

HF 3129 (Marquart): A bill for an act relating to real property; modifying certain plat requirements; amending Minnesota Statutes 2006, sections 505.20; 508.47, subdivision 4; 508A.47, subdivision 4; Minnesota Statutes 2007 Supplement, sections 505.01, subdivision 3; 505.021, subdivisions 8, 10.

Representative Hilstrom moved HF 3129 before the committee.

Representative Marquart presented his bill.

Representative Hilstrom moved that HF 3129 be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.

Representative Holberg moved adoption of the Minutes for March 11, 2008, March 12, 2008, March 13, 2008, and March 14, 2008. THE MOTION PREVAILED AND THE MINUTES WERE APPROVED.

HF 3372, the First Engrossment (Thissen): A bill for an act relating to health; changing provisions for uniform billing forms and electronic claim filing; establishing compliance procedures for electronic transactions; amending Minnesota Statutes 2006, sections 62J.51, subdivisions 17, 18; 62J.52, subdivision 4; 62J.59; Minnesota Statutes 2007 Supplement, sections 62J.52, subdivisions 1, 2; 62J.536, subdivision 1, by adding subdivisions; repealing Minnesota Statutes 2006, sections 62J.52, subdivision 5; 62J.58.

Representative Johnson moved HF 3372 before the committee.

Representative Johnson moved adoption of the A2 amendment. THE MOTION PREVAILED.

Responding to questions from committee:
ÿ Jim Golden, Director, Division of Health Policy, Minnesota Department of Health

Representative Johnson moved that HF 3372, the First Engrossment, as amended, be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.

HF 1306, the First Engrossment (Holberg): A bill for an act relating to data practices; regulating business screening services; providing civil penalties; proposing coding for new law in Minnesota Statutes, chapter 332.

Representative Holberg moved adoption of the A2 amendment. THE MOTION PREVAILED.

Representative Holberg moved to orally amend the
A3 amendment as follows:

Page 1, line 14, delete everything after the period.
Page 1, line 15, delete everything up to and including the period.

THE MOTION PREVAILED.

Representative Holberg moved adoption of the A3 amendment, as amended. THE MOTION PREVAILED.

Representative Lesch moved to re-refer HF 1306 to the Subcommittee on Criminal Records Relief. On a show of hands of 5 AYES and 6 NAYS, the MOTION DID NOT PREVAIL.

Testifying for the bill:
Steve Holmgren, Chief Public Defender, 1st Judicial District
Rich Neumeister, private citizen

Testifying against the bill:
Bob Tennessen, attorney
Cristine Almeida, attorney, Choice Point
John Apitz, attorney, Consumer Data Information Association

HF 1306, the First Engrossment, as amended, was laid over for possible inclusion in the omnibus data practices bill, HF 3553.

HF 3553, the First Committee Engrossment (Simon): A bill for an act relating to data practices; making technical changes; authorizing the electronic exchange of certain Hennepin County medical data; regulating use of driver's license numbers and application information; amending Minnesota Statutes 2006, sections 13.03, subdivision 3; 13.601, subdivision 3, by adding a subdivision; 13.6905, subdivision 2, by adding a subdivision; 168.346, subdivision 1, by adding a subdivision; 171.12, subdivision 7, by adding a subdivision; 260B.171, subdivision 5; 383B.917, subdivision 1; Minnesota Statutes 2007 Supplement, section 13.39, subdivisions 2, 2a.

Representative Simon moved that HF 3553, the First Committee Engrossment, as amended, be recommended to pass and when so passed be placed on the General Register.

Testifying for the bill:
Laurie Beyer-Krapuenske, Minnesota Department of Administration

Representative Westrom moved adoption of the A10 amendment. THE MOTION WAS WITHDRAWN.

Representative Simon moved to orally amend the A11 amendment as follows:

Page 1, line 12, delete "$5,000" and insert "$200" and delete "$50,000" and insert “$20,000"

THE MOTION WAS WITHDRAWN

Representative DeLaForest moved adoption of the A11 amendment. THE MOTION PREVAILED.

Representative Simon moved adoption of the A20 amendment.

Testifying in favor of the A20 amendment:
State Auditor Rebecca Otto

THE MOTION PREVAILED.

Representative Holberg moved adoption of the A12 amendment. THE MOTION PREVAILED.

Representative Hilstrom moved adoption of the A13 amendment.

Responding to questions:
ÿ Mitchell Kilian, Metropolitan Airports Commission

THE MOTION PREVAILED.

Representative Simon moved adoption of the A14 amendment. THE MOTION PREVAILED.

Representative Simon moved adoption of the A15 amendment.

Testifying in favor of the A15 amendment:
Ken Merz, Director, Administrative Services, Minnesota Department of Corrections

THE MOTION PREVAILED.

Representative Simon moved adoption of the A16 amendment.

Testifying against the A16 amendment:
Rich Neumeister, private citizen

THE MOTION PREVAILED.

Representative Lesch moved adoption of the A17 amendment.

Testifying for the A17 amendment:
ÿ Lloyd Grooms, Minnesota State Bar Association

THE MOTION PREVAILED.

Representative Simon moved adoption of the A18 amendment. THE MOTION PREVAILED.

Representative Holberg moved adoption of the A19 amendment. Representative Hilstrom requested a Roll Call vote. The clerk took the roll and the results were as follows:

AYES NAYS ABSENT
Cornish Mullery, Chair Emmer
DeLaForest Bigham Johnson
Holberg Hilstrom Kohls
Paymar Kalin Kranz
Simon Lesch
Smith Lillie
Westrom Olin
Sailer


There being 7 AYES, 8 NAYS, and 5 EXCUSED, the MOTION DID NOT PREVAIL.

Testifying against the bill:
ÿ Jim Franklin, Executive Director, Minnesota Sheriffs Association

Representative Simon renewed his motion. THE MOTION PREVAILED.

The meeting adjourned at 3:53 P.M.


__________________________________________
Representative Joe Mullery, Chair


__________________________________________
Vickie Benson, Committee Legislative Assistant
More Info On This Meeting..

HF1306 (Holberg) Business screening agencies regulated;
HF3129 (Marquart) Plat requirements modified;
HF3372 (Thissen) Uniform billing and electronic claim filing provisions changed and compliance procedures for electronic transactions established;
HF3553 (Simon) Data practices technical changes made.