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Public Safety and Civil Justice

NINETEENTH MEETING

2007-2008 Regular Session - March 14, 2007

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

PUBLIC SAFETY AND CIVIL JUSTICE COMMITTEE

MINUTES


Representative Mullery, Chair, called the meeting to order at 6:15 P.M. on Wednesday, March 14, 2007, in Room 5 of the State Office Building.

The Committee Legislative Assistant noted the roll.

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



A quorum was present.

HF 1595 (Swails): A bill for an act relating to civil actions; statutory housing warranties; regulating recovery for breaches; amending Minnesota Statutes 2006, section 327A.05.

Representative Kranz moved HF 1595 before the committee.

Representative Swails presented HF 1595.

Representative Kranz moved to lay the bill over for possible inclusion in the Public Safety and Civil Justice Policy Committee omnibus bill.

Testifying for the bill:
Ed Seifert, Shoreview homeowner
Gale Wilson, Lindstrom homeowner
Scott Endresen, attorney representing homeowners; Mold Solutions

Testifying against the bill:
Lisa Frenette, Builders Association of Minnesota
Tom Hesse, Minnesota Chamber of Commerce

Representative Emmer moved adoption of the H1595A1 amendment and requested a roll call vote.

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


AYE NAY EXCUSED
Emmer Mullery, Chair Cornish
Holberg Bigham DeLaForest
Hilstrom Kohls
Johnson Lesch
Kalin Westrom
Kranz



Public Safety and Civil Justice Policy Committee
Minutes for Wednesday, March 14, 2007
Page 2



AYES NAYS EXCUSED
Lillie
Olin
Paymar
Sailer
Simon
Smith


On a vote of 2 AYES and 12 NAYS, the MOTION DID NOT PREVAIL.

Representative Emmer moved adoption of the H1595A2 amendment. THE MOTION DID NOT PREVAIL.

Chair Mullery laid the bill over for possible inclusion in the Public Safety and Civil Justice Policy Committee omnibus bill.

Representative Kalin assumed the chair at 6:38 P.M.

HF 1872 (Thissen): A bill for an act relating to Hennepin County; regulating conflicts of interest for certain Hennepin Healthcare System personnel; amending Minnesota Statutes 2006, section 383B.905, by adding a subdivision.

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

Testifying on the bill:
Andy Mitchell, Assistant Hennepin County Attorney

HF 1209 (Mullery): A bill for an act relating to commerce; regulating certain transactions with homeowners whose homes are in foreclosure; amending Minnesota Statutes 2006, sections 325N.01; 325N.03; 325N.04; 325N.10, subdivisions 3, 4, by adding a subdivision; 325N.13; 325N.14; 325N.17; 325N.18, by adding a subdivision; Laws 2004, chapter 263, section 26.

Representative Mullery presented HF 1209.

Testifying for the bill:
Ron Elwood, Legal Advocacy Project
Daniel Tyson, real estate attorney, Equity Stripping Task Force

Representative Mullery moved that HF 1209 be recommended to pass and re-referred to the Committee on Commerce and Labor with the further recommendation that the bill be re-referred to the Labor and Consumer Division. THE MOTION PREVAILED.

Representative Mullery resumed the chair at 7:05 P.M.

HF 1302 (Kalin): A bill for an act relating to drivers' licenses; modifying driver record provision; amending Minnesota Statutes 2006, section 171.07, subdivision 1a.

Representative Kalin presented HF 1302 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:
Robert Sykora, Minnesota Board of Public Defense
Dana Gotz, CrimNet, Minnesota Bureau of Criminal Apprehension

Chair Mullery laid the bill over for possible inclusion in the Public Safety and Civil Justice Policy Committee omnibus bill.

HF 1388 (Hilstrom): A bill for an act relating to courts; authorizing the attorney general to represent guardians ad litem who are sued for acts committed in scope of employment; removing certain salary range language for state court administrator and district administrators; requiring county responsibility for persons civilly committed; reinstating certain bail forfeiture language

Public Safety and Civil Justice Policy Committee
Minutes for Wednesday, March 14, 2007
Page 3



inadvertently removed; authorizing the state court administrator to develop a uniform form for summons and writ of recovery of premises; modifying provisions of law to conform to current guardian ad litem responsibilities; permitting court administrators to collect restitution for six years; providing new judges expense payments; removing certain obsolete judicial provisions relating to reports; amending Minnesota Statutes 2006, sections 3.732, subdivision 1; 3.736, subdivision 1; 15A.083, subdivision 4; 253B.185, subdivision 5; 352D.02, subdivision 1; 484.54, subdivision 2; 484.83; 504B.361, subdivision 1; 518.165, subdivisions 1, 2; 518A.35, subdivision 3; 609.135, subdivision 8; Laws 2001, First Special Session chapter 8, article 4, section 4; Laws 2003, First Special Session chapter 2, article 1, section 2; repealing Minnesota Statutes 2006, sections 260B.173; 480.175, subdivision 3; 626A.17, subdivision 3.

Representative Hilstrom moved adoption of the H1388A2 amendment. THE MOTION PREVAILED.

Representative Hilstrom presented HF 1388 and moved that the bill, as amended, be laid over for possible inclusion in the Public Safety and Civil Justice Policy Committee omnibus bill.

Testifying for the bill:
Judge Lucy Wieland

Chair Mullery laid over HF 1388, as amended, for possible inclusion in the Public Safety and Civil Justice Policy Committee omnibus bill.

HF 1230 (Nelson): A bill for an act relating to public safety; modifying requirements for 911 emergency communication fees; amending Minnesota Statutes 2006, section 403.11, by adding a subdivision.

Representative Bigham moved HF 1230 before the committee.

Representative Bigham moved to orally amend the bill as follows:

Page 2, line 2.3 through 2.5, delete everything after the period.

THE MOTION PREVAILED AND THE ORAL AMENDMENT WAS INCORPORATED.

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

Representative Nelson presented HF 1230.

Testifying for the bill:
Ron Whitehead, 911 Program Director, Minnesota Department of Public Safety

Chair Mullery laid over HF 1230, as amended, for possible inclusion in the Public Safety and Civil Justice Policy Committee omnibus bill.

HF 1121 (Morrow): A bill for an act relating to public safety; permitting use of 911 data to notify the public of an emergency; amending Minnesota Statutes 2006, section 403.07, subdivision 4.

Representative Olin moved HF 1121 before the committee.

Representative Olin moved adoption of the A07-0309 amendment. THE MOTION PREVAILED.

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

Public Safety and Civil Justice Policy Committee
Minutes for Wednesday, March 14, 2007
Page 4


Representative Morrow presented HF 1121.

Chair Mullery laid over HF 1121, as amended, for possible inclusion in the Public Safety and Civil Justice Policy Committee omnibus bill.

HF 1393 (Hilstrom): A bill for an act relating to corrections; clarifying and updating law governing MINNCOR prison industries; adjusting the date for community corrections counties to submit expenditure and cost statements; amending Minnesota Statutes 2006, sections 16A.72; 16B.181, subdivision 2; 16C.23, subdivision 2; 241.27, subdivisions 1, 2, 3, 4; 241.278; 401.15, subdivision 1; repealing Minnesota Statutes 2006, sections 241.021, subdivision 5; 241.85, subdivision 2.

Representative Hilstrom presented HF 1393 and moved that the bill be passed and 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 Committee.

Testifying for the bill:
Dennis Benson, Deputy Commissioner, Minnesota Department of Corrections

Representative renewed her motion. THE MOTION PREVAILED.

HF 131, First Engrossment (Hilstrom): A bill for an act relating to consumer protection; restricting the use of Social Security numbers; amending Minnesota Statutes 2006, section 325E.59, subdivision 1, by adding a subdivision; repealing Minnesota Statutes 2006, section 325E.59, subdivision 2.

Representative Hilstrom moved to orally amend HF 131 as follows:

Page 2, line 2.24, delete "sell,"

THE MOTION PREVAILED AND THE ORAL AMENDMENT WAS INCORPORATED.

Representative Hilstrom presented HF 131 and moved that the bill, as amended, be recommended to pass and, when so passed, be placed on the General Register.

Testifying for the bill:
Mark Ireland, Assistant Minnesota Attorney General

Testifying against the bill:
Eric Ellman, Consumer Data Industry Association
Rich Neumeister, private citizen

Representative Hilstrom renewed her motion. THE MOTION PREVAILED.


The meeting was adjourned at 8:10 P.M.


__________________________________________
Representative Joe Mullery, Chair


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

HF1595 (Swails) Statutory housing warranties; regulating recovery for breaches;
HF1872 (Thissen) Regulating conflicts of interest for certain Hennepin Healthcare System personnel;
HF1209 (Mullery) Regulating certain transactions with homeowners whose homes are in foreclosure;
HF1121 (Morrow) Permitting use of 911 data to notify the public of an emergency;
HF131 (Hilstrom) Restricting the use of Social Security numbers;
HF1230 (Nelson) Modifying requirements for 911 emergency communication fees;
HF1302 (Kalin) Modifying driver record provision;
HF1393 (Hilstrom) Clarifying and updating law governing MINNCOR prison industries; adjusting the date for community corrections counties to submit expenditure and cost statements;
HF1388 (Hilstrom) Authorizing the attorney general to represent guardians ad litem who are sued for acts committed in scope of employment; removing certain salary range language for state court administrator and district administrators; requiring county responsibility for persons civilly committed; reinstating certain bail forfeiture language inadvertently removed; authorizing the state court administrator to develop a uniform form for summons and writ of recovery of premises; modifying provisions of law to conform to current guardian ad litem responsibilities; permitting court administrators to collect restitution for six years; providing new judges expense payments; removing certain obsolete judicial provisions relating to reports.

HF1628 (Lesch) Has been removed from the agenda.
HF898 (Hilstrom) Has been removed from the agenda.
HF1734 (Dominguez) Has been removed from the agenda.
HF857 (Paymar) Has been removed from the agenda.