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Public Safety and Civil Justice

TWENTIETH MEETING

2007-2008 Regular Session - March 15, 2007

STATE OF MINNESOTA TWENTIETH MEETING
HOUSE OF REPRESENTATIVES EIGHTY-FIFTH SESSION

PUBLIC SAFETY AND CIVIL JUSTICE COMMITTEE


MINUTES


Representative Mullery, Chair, called the meeting to order at 1:18 P.M. on Thursday, March 15, 2007, in Room 10 of the State Office Building.

The Committee Legislative Assistant noted the roll.


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



A quorum was present.

HF 272 (Haws): A bill for an act relating to the military and veterans; clarifying that a statute ensuring the continuation of state licenses and certificates of registration for any trade, employment, occupation, or profession while soldiers and certain essential employees are engaged in active military service applies to licenses and certificates of registration requiring firearms and use of force training; amending Minnesota Statutes 2006, section 326.56, subdivision 2.

Representative Lillie moved the bill before the committee and further moved that the bill be laid over for possible inclusion in the Public Safety and Civil Justice Policy Committee omnibus bill.

Representative Haws presented HF 272.

Testifying for the bill:
Col. Eric Ahlness, Department of Military Affairs

Representative Lillie withdrew his motion.

Representative Smith moved that HF 272 be recommended to pass, and when so passed, be placed on the Consent Calendar. THE MOTION PREVAILED.

HF 1130 (Nelson): A bill for an act relating to crimes; making it a crime to falsely report police misconduct to an attorney or other person whose responsibilities include investigating or reporting police misconduct; prescribing penalties; amending Minnesota Statutes 2006, section 609.505, subdivision 2.

Representative Sailer moved the bill before the committee.

Public Safety and Civil Justice Policy Committee
Minutes for Thursday, March 15, 2007
Page 2


Representative Sailer moved to orally amend the bill as follows:

Page 1, line 1.10, delete "or an attorney"

THE MOTION PREVAILED.

Representative Nelson presented HF 1130, as amended.

Representative Sailer moved that HF 1130, as amended, be laid over for possible inclusion in the Public Safety and Civil Justice Policy Committee omnibus bill.

Testifying for the bill:
Cassandra O'Hern, Director, Internal Affairs, Minnesota Department of Public Safety

Representative Smith moves the bill to the Consent Calendar. THE MOTION WAS WITHDRAWN.

Testifying against the bill:
Michelle Gross, Communities United Against Policy Brutality, Minneapolis
Jill Clark, Attorney

Chair Mullery laid over HF 1130, as amended, for possible inclusion in the Public Safety and Civil Justice Policy Committee omnibus bill.

HF 1396 (Madore): A bill for an act relating to guardians and conservators; changing certain requirements and procedures; amending Minnesota Statutes 2006, sections 245.91, by adding subdivisions; 254.94, subdivisions 1, 3, 4; 524.5-316; 524.5-502.

Representative Johnson moved the bill before the committee.

Representative Johnson moved to orally amend the H1396DE2 delete everything amendment as follows:

Page 1, line 1.11, after "Minnesota" delete the comma and insert "county" and after “protection" delete the comma and insert “services,"

Page 1, line 1.12, after “Guardianship" delete “, Guardians"

THE MOTION PREVAILED AND THE ORAL AMENDMENTS TO THE H1396DE2 DELETE EVERYTHING AMENDMENT WERE INCORPORATED.

Representative Johnson moved adoption of the H1396DE2 delete everything amendment, as amended. THE MOTION PREVAILED.

Representative Madore presented HF 1396.

Testifying for the bill:
Will Wilson, Mental Health Association

Chair Mullery laid over HF 1396, as amended, for possible inclusion in the Public Safety and Civil Justice Policy Committee omnibus bill.

HF 690 (Lesch): A bill for an act relating to public safety; authorizing phlebotomists to take blood samples from DWI offenders under certain circumstances and providing legal immunity for so doing; adding references to controlled substance metabolites in the criminal vehicular operation law to simplify it; providing for notice to an accused of the contents of certain reports and clarifying the repercussions of the accused’s not requesting the preparer of the report to testify at trial; amending Minnesota Statutes 2006, sections 169A.51, subdivision 7; 609.21, subdivisions 1, 4a, by adding subdivisions; 634.15, subdivision 1, 2; repealing Minnesota Statutes 2006, section 609.21, subdivisions 2, 2a, 2b, 3, 4.

Public Safety and Civil Justice Policy Committee
Minutes for Thursday, March 15, 2007
Page 3



Representative Lesch presented HF 690 and moved that the bill be laid over for possible inclusion in the Public Safety and Civil Justice Policy Committee omnibus bill.

Testifying for the bill:
Erchal Springer, Assistant Director, Minnesota Bureau of Criminal Apprehension
Steve Simon, University of Minnesota Law School

Chair Mullery substituted SF 302 for HF 690 and laid the bill over for possible inclusion in the Public Safety and Civil Justice Policy Committee omnibus bill.

The meeting recessed until 6:30 P.M., Thursday, March 15, 2007.

The meeting reconvened at 6:38 P.M. on Thursday, March 15, 2007, in Room 500S of the State Office Building.

HF 999 (Mahoney): A bill for an act relating to child support; requiring consideration of a child’s residence in a foreign country when deviating from the presumptive child support amount; amending Minnesota Statutes 2006, section 518A.43, subdivision 1.

Representative Kalin moved the bill before the committee.

Representative Kalin moved adoption of the H0999A1 amendment. THE MOTION PREVAILED.

Representative Mahoney presented HF 999, as amended.

Representative Kalin moved that HF 999, as amended, be laid over for possible inclusion in the Public Safety and Civil Justice Policy Committee omnibus bill.

Testifying for the bill:
Renato Castro, private citizen, read his written testimony

Chair Mullery laid over HF 999, as amended, for possible inclusion in the Public Safety and Civil Justice Policy Committee omnibus bill.

HF 1074 (Ruud): A bill for an act relating to anatomical gifts; adopting the Darlene Luther Revised Uniform Anatomical Gift Act; imposing penalties; proposing coding for new law as Minnesota Statutes, chapter 525A; repealing Minnesota Statutes 2006, sections 525.921; 525.9211; 525.9212; 525.9213; 525.9214; 525.9215; 525.9216; 525.9217; 525.9218; 525.9219; 525.9221; 525.9222; 525.9223; 525.9224.

Chair Mullery moved the bill before the committee for an informational hearing only.

Testifying for the bill:
Susan Gunderson, CEO, LifeSource
Susan Mau Larson, Director, Public Affairs, LifeSource

The committee discussed Representative Olin’s written amendment but took no further action.

HF 1342 (Smith): A bill for an act relating to crimes; defining qualified domestic-related offenses and crimes of violence; making technical changes; amending Minnesota Statutes 2006, sections 609.02, subdivision 16; 609.377, subdivision 3; 624.712, subdivision 5; 629.725.

Representative Smith presented HF 1342 and moved that the bill be recommended to pass and be re-referred to the Committee on Finance, with the further recommendation that the bill be re-referred to the Public Safety and Civil Justice Finance Division.

Testifying for the bill:
Marna Anderson, WATCH

Public Safety and Civil Justice Policy Committee
Minutes for Thursday, March 15, 2007
Page 4



Representative Smith renewed his motion. THE MOTION PREVAILED.

HF 1500 (Smith): A bill for an act relating to family law; making child support policy clarifications and improvements; amending Minnesota Statutes 2006, sections 256.017, subdivisions 1, 6; 518.68, subdivision 2; 518A.28; 518A.32, subdivisions 1, 3, 5, 6; 518A.39, subdivision 2; 518A.40, subdivisions 1, 4; 518A.41, subdivisions 1, 2, 3, 4, 5, 12, 15, 16; 518A.42, subdivision 1; 518A.46, subdivision 5; 518A.75, subdivision 3; 541.04; 548.09, subdivision 1, by adding a subdivision; 548.091, subdivision 1a; 550.01; repealing Minnesota Statutes 2006, section 548.091, subdivision 3b.

Representative Smith moved to orally amend HF 1500 as follows:

Pages 1 and 2, delete sections 1 and 2

Page 9, lines 9.8 through 9.10, reinstate the stricken language

Page 17, lines 17.27 and 17.30, delete the new language

Pages 20 through 23, delete sections 20 and 21

Pages 24 through 27, delete sections 23 through 28

THE MOTION PREVAILED AND THE ORAL AMENDMENTS WERE INCORPORATED.

Representative Smith presented HF 1500, as amended, and moved that the bill be laid over for possible inclusion in the Public Safety and Civil Justice Policy Committee omnibus bill.

Testifying for the bill:
Ann Martineau
Melinda Hugdahl, Legal Services Advocacy Project

Representative Smith moved to orally amend the H1500A1 amendment as follows:

Page 1, delete lines 1.6 through 1.8

THE MOTION PREVAILED AND THE ORAL AMENDMENT TO THE H1500A1 AMENDMENT WAS INCORPORATED.

Representative Smith moved adoption of the H1500A1 amendment, as amended. THE MOTION PREVAILED.

Chair Mullery laid over HF 1500, as amended, for possible inclusion in the Public Safety and Civil Justice Policy Committee omnibus bill.

HF 821 (Smith): A bill for an act relating to crimes; adjusting the monetary thresholds for certain property offenses; amending Minnesota Statutes 2006, sections 609.52, subdivision 3; 609.535, subdivision 2a; 609.595, subdivisions 1, 2

Representative Smith presented HF 821 and moved that the bill be recommended to pass and be re-referred to the Committee on Finance, with the further recommendation that the bill be re-referred to the Public Safety and Civil Justice Finance Division.

Testifying for the bill:
Brock Hunter, Minnesota Association of Defense Lawyers
Robert Sykora, Minnesota Board of Public Defense
John Kingrey, Minnesota County Attorneys Association

Representative Smith renewed his motion. THE MOTION PREVAILED.

Public Safety and Civil Justice Policy Committee
Minutes for Thursday, March 15, 2007
Page 5



Representative Kalin assumed the chair at 7:38 P.M.

HF 1242 (Mullery): A bill for an act relating to public defense; requiring the Board of Public Defense to allocate and distribute funds based on weighted caseload; amending Minnesota Statutes 2006, section 611.27, subdivision 1.

Representative Mullery moved adoption of the delete everything amendment, the language contained in S.F. 1340 (Attachment 1). THE MOTION PREVAILED.

Representative Mullery presented HF 1242, as amended, and moved that the bill be laid over for possible inclusion in the Public Safety and Civil Justice Policy Committee omnibus bill.

Testifying for the bill:
Brian Rice, attorney representing Hennepin County
Kevin Kajer, Minnesota Board of Public Defense

Chair Kalin laid over HF 1242, as amended, for possible inclusion in the Public Safety and Civil Justice Policy Committee omnibus bill.

HF 1041 (Abeler): A bill for an act relating to health; establishing a controlled substance prescription electronic reporting system; proposing coding for new law in Minnesota Statutes, chapter 152.

Chair Kalin moved the bill before the committee for an informational hearing only.

Testifying for the bill:
Dr. Tom Cohn, Maple Grove
Tara Garman Erickson, Lobbyist

Testifying against the bill:
Rich Neumeister, private citizen

Representative Mullery resumed the chair at 8:15 P.M.

HF 34, Second Engrossment (Kahn): A bill for an act relating to health; establishing state policy for stem cell research; providing criminal penalties; proposing coding for new law in Minnesota Statutes, chapters 137; 145.

Representative Paymar moved the bill before the committee.

Representative Paymar moved adoption of the H0034A13 amendment. THE MOTION PREVAILED.

Representative Paymar moved that HF 34, as amended, be recommended to pass, and when so passed, be placed on the General Register.

Representative Kahn presented HF 34.

Testifying against the bill:
Andrea Rau, Minnesota Citizens Concerned for Life
Kirk Allison, Director, Program in Human Rights and Health, School of Public Health, University of Minnesota

Representative Emmer moved adoption of the H0034A6 amendment and requested a roll call vote.

The clerk called the roll and the results were as follows:


Public Safety and Civil Justice Policy Committee
Minutes for Thursday, March 15, 2007
Page 6



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



On a vote of 6 Ayes and 8 Nays, the MOTION DID NOT PREVAIL.

Representative Kohls moved adoption of the H0034A12 amendment and requested a roll call vote.

The clerk called the roll and the results were as follows:


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


On a vote of 6 Ayes and 8 Nays the MOTION DID NOT PREVAIL.

Representative Emmer moved adoption of the H0034A9 amendment and requested a roll call vote.

The clerk called the roll and the results were as follows:


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



On a vote of 6 Ayes and 9 Nays the MOTION DID NOT PREVAIL.

Representative Emmer moved adoption of the H0034A8 amendment and requested a roll call vote.

The clerk called the roll and the results were as follows:


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

Public Safety and Civil Justice Policy Committee
Minutes for Thursday, March 15, 2007
Page 7



On a vote of 7 Ayes and 8 Nays, the MOTION DID NOT PREVAIL.

Representative Paymar renewed his motion.

Representative Kohls requested a roll call vote on passage of the bill.

The clerk called the roll and the results were as follows:


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


On a vote of 9 Ayes and 6 Nays, THE MOTION PREVAILED.

HF 211 (Zellers): A bill for an act relating to mortgage lending; prohibiting sale of information provided on a mortgage application; amending Minnesota Statutes 2006, section 13C.01, by adding a subdivision.

Representative Holberg moved the bill before the committee.

Representative Holberg moved adoption of the H0211A1 amendment. THE MOTION PREVAILED.

Representative Holerg moved that HF 211, as amended, be laid over for possible inclusion in the Public Safety and Civil Justice Policy Committee omnibus bill.

Representative Zellers presented his bill.

Chair Mullery laid over HF 211, as amended, for possible inclusion in the Public Safety and Civil Justice Policy Committee omnibus bill.

HF 611, First Engrossment (Anzelc): A bill for an act relating to labor; protecting certain communication in the workplace between labor organizations and employees; prohibiting certain employer conduct; providing civil remedies; proposing coding for new law in Minnesota Statutes, chapter 181.

Chair Mullery removed the bill from the table.

Representative Anzelc presented HF 611.

Chair Mullery moved that HF 611 be recommended to pass and be re-referred to the Committee on Local Government and Metropolitan Affairs.

Testifying for the bill:
Craig Johnson, League of Minnesota Cities

Testifying against the bill:
Paul Larson, State Negotiator, Deputy Commissioner, Minnesota Department of Employee Relations
Dave Dederichs, Minnesota Chamber of Commerce



Public Safety and Civil Justice Policy Committee
Minutes for Thursday, March 15, 2007
Page 8



Representative DeLaForest moved adoption of the H0611A7 amendment. THE MOTION DID NOT PREVAIL.

Chair Mullery renewed his motion. THE MOTION PREVAILED.


The meeting was adjourned at 9:30 P.M.



__________________________________________
Representative Joe Mullery, Chair


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

HF272 (Haws) Clarifying that a statute ensuring the continuation of state licenses and certificates of registration for any trade, employment, occupation, or profession while soldiers and certain essential employees are engaged in active military service applies to licenses and certificates of registration requiring firearms safety and usage training;
HF1130 (Nelson) Making it a crime to falsely report police misconduct to an attorney or other person whose responsibilities include investigating or reporting police misconduct; prescribing penalties;
HF1396 (Madore) A bill for an act relating to guardians and conservators; changing certain requirements and procedures;
SF302 (Foley) Phlebotomists blood sample from DWI offenders authorization; criminal vehicular operation law modification;

HF1046 (Hornstein) Has been removed from the agenda.
HF243 (Walker) Has been removed from the agenda.
HF1737 (Atkins) Has been removed from the agenda.
HF700 (Eastlund) Has been removed from the agenda.