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Public Safety and Civil Justice

TWENTY-THIRD MEETING

2007-2008 Regular Session - March 20, 2007

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STATE OF MINNESOTA TWENTY-THIRD MEETING
HOUSE OF REPRESENTATIVES EIGHTY-FIFTH SESSION

PUBLIC SAFETY AND CIVIL JUSTICE COMMITTEE


MINUTES


Representative Kalin, Vice-Chair, called the meeting to order at 12:40 P.M. on Tuesday, March 20, 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 270 (Haws): A bill for an act relating to habitual truants; removing a provision relating to termination of jurisdiction; amending Minnesota Statutes 2006, section 260C.193, subdivision 6.

Representative Johnson moved the bill before the committee and 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 270.

Representative Johnson withdrew his motion to lay the bill over.

Representative Bigham moved that HF 270 be recommended to pass, and when so passed, be placed on the Consent Calendar. THE MOTION PREVAILED.

HF 1756 (Hortman): A bill for an act relating to public safety; regulating salvage certificates of title and certain vehicles being dismantled or destroyed; requiring electronic notification; amending Minnesota Statutes 2006, sections 168A.151, subdivision 1; 168A.153.

Representative Paymar moved the bill before the committee and moved that the bill be recommended to pass and be re-referred to the Committee on Transportation Finance.

Representative Hortman presented HF 1756.

Testifying for the bill:
Larry Ollila, Vehicle Services Director, Minnesota Department of Public Safety

Representative Paymar renewed his motion. THE MOTION PREVAILED.

Public Safety and Civil Justice Policy Committee
Minutes for Tuesday, March 20, 2007
Page 2


The meeting was recessed at 12:50 P.M.

The meeting reconvened at 1:03 P.M.

HF 2205 (Bigham): A bill for an act relating to crimes; providing for applicability of certain old sex offender provisions for crimes committed before enactment of new sex offender law; amending Minnesota Statutes 2006, section 609.3455, by adding a subdivision.

Representative Holberg moved that HF 2205 be recommended to pass, and when so passed, be placed on the Consent Calendar.

Representative Bigham presented HF 2205.

Representative Holberg renewed her motion. THE MOTION PREVAILED.

HF 1895 (Gardner): A bill for an act relating to civil actions; including court file copy costs in expenses paid on behalf of a person proceeding in forma pauperis; amending Minnesota Statutes 200, section 563.01, by adding a subdivision.

Representative Simon moved the bill before the committee and moved that HF 1895 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.

Representative Gardner presented HF 1895.

Testifying for the bill:
Jane Bowman, student at William Mitchell College of Law
Amber Hawkins, Attorney, Legal Aid

Representative Simon renewed his motion. THE MOTION PREVAILED.

HF 1542 (Zellers): A bill for an act relating to public safety; specifying amount of methamphetamine precursor drugs that consumers may purchase; amending Minnesota Statutes 2006, section 152.02, subdivision 6.

Representative Holberg moved the bill before the committee and moved that HF 1542 be laid over for possible inclusion in the Public Safety and Civil Justice Policy Committee omnibus bill. THE MOTION WAS WITHDRAWN.

Representative Zellers presented HF 1542.

Representative Olin moved that HF 1542 be recommended to pass, and when so passed, be placed on the Consent Calendar. THE MOTION PREVAILED.

HF 1171 (Davnie): A bill for an act relating to labor; modifying data practices provisions in the Department of Labor and Industry; amending Minnesota Statutes 2006, sections 13.7905; 13.791, subdivision 1; 175.10; 175.16, by adding a subdivision; 175.27; 175A.06; 176.138; 176.181, subdivision 8; 176.186; 176.231, subdivision 9; 176.391, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 175; repealing Minnesota Statutes 2006, sections 175.24; 176.231, subdivision 8; 176.401; 176.421, subdivision 7.

Representative Lesch moved the bill before the committee and moved that HF 1171 be laid over for possible inclusion in the Public Safety and Civil Justice Policy Committee omnibus bill.

Representative Lesch moved adoption of the A07-0442 delete everything amendment. THE MOTION PREVAILED.

Representative Davnie presented HF 1171.

Public Safety and Civil Justice Policy Committee
Minutes for Tuesday, March 20, 2007
Page 3



Testifying for the bill:
John Rajkowski, Legislative Director, Minnesota Department of Labor and Industry
Nancy Leppink, Director of Legal Services, Minnesota Department of Labor and Industry
Laurie Beyer-Kropuenske, Director, Information Policy Analysis Division, Minnesota Department of Administration

Testifying against the bill:
Rich Neumeister, private citizen

Chair Kalin laid over HF 1171, as amended, for possible inclusion in the Public Safety and Civil Justice Policy Committee omnibus bill.

The meeting recessed at 2:02 P.M.

The meeting reconvened at 6:10 P.M.

HF 1505 (Cornish): A bill for an act relating to public safety; adding legislators as nonvoting members of the Gang and Drug Oversight Council; amending Minnesota Statutes 2006, section 299A.641, subdivision 2.

Representative Cornish presented his bill and moved that HF 1505 be laid over for possible inclusion in the Public Safety and Civil Justice Policy Committee omnibus bill.

Chair Kalin laid over HF 1505 for possible inclusion in the Public Safety and Civil Justice Policy Committee omnibus bill.

HF 1625 (Hosch): A bill for an act relating to public safety; authorizing permanent orders for protection and restraining orders after multiple violations or continued threats; amending Minnesota Statutes 2006, sections 518B.01, subdivisions 6, 6a, 11, 18; 609.748, subdivisions 3, 5, 8.

Representative Olin moved the bill before the committee and moved that HF 1625 be laid over for possible inclusion in the Public Safety and Civil Justice Policy Committee omnibus bill.

Representative Olin moved adoption of the H1625DE1 delete everything amendment. THE MOTION PREVAILED.

Testifying for the bill
Jennifer Walker, domestic abuse victim, St. Cloud (MN)

Chair Kalin laid over HF 1625, as amended, for possible inclusion in the Public Safety and Civil Justice Policy Committee omnibus bill.

HF 506 (Olin): A bill for an act relating to domestic abuse; making repeat offenders who violate domestic abuse no contact orders guilty of a felony; defining qualified domestic violence-related offenses; amending Minnesota Statutes 2006, sections 518B.01, subdivision 22; 609.02, subdivision 16.

HF 506 was taken from the table.

Representative Olin presented HF 506 and moved that the bill be laid over for possible inclusion in the Public Safety and Civil Justice Policy Committee omnibus bill.

Representative Olin moved to orally amend HF 506 as follows:

Page 2, line 2, before the period, insert "as provided in section 518B.02"


Public Safety and Civil Justice Policy Committee
Minutes for Tuesday, March 20, 2007
Page 4



Page 2, line 6, delete the colon

Page 2, line 7, delete "(1)"

Page 2, line 8, delete "; or" and insert a period

Page 2, delete line 9

Page 2, line 10, delete "6."

THE MOTION PREVAILED AND THE ORAL AMENDMENTS WERE INCORPORATED.

Testifying for the bill:
David Voigt, Deputy Attorney General

Representative Olin withdrew his motion to lay the bill over.

Representative Olin moved that HF 506, as amended, 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. THE MOTION PREVAILED.

HF 1273, First Committee Engrossment (Kranz): A bill for an act relating to crime; providing testimonial confidentiality for certain sexual assault counselors; eliminating the “mistake of age" defense for certain criminal sexual assault offenders; enhancing penalties for certain nonconsensual sexual contact offenses committed by professionals engaged in massage or bodywork; amending Minnesota Statutes 2006, sections 595.02, subdivision 1; 609.341, subdivision 11; 609.344, subdivision 1; 609.345, subdivision 1; 609.3451, subdivision 3.

HF 1273 was taken from the table.

Representative Kranz presented HF 1273, the First Committee Engrossment, and moved that the bill, as amended, 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:
Kaarin Long, staff attorney, Minnesota Coalition Against Sexual Abuse

Representative Kranz renewed his motion. THE MOTION PREVAILED.

HF 1841 (Simon): A bill for an act relating to landlord and tenant; permitting victims of domestic abuse to terminate a lease in certain circumstances; proposing coding for new law in Minnesota Statutes, chapter 504B.

HF 1841 was taken from the table.

Representative Simon presented HF 1841 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:
Melinda Hugdahl, staff attorney, Legal Services Advocacy Project
Jack Horner, Minnesota Multi-Housing Association

Chair Kalin laid over HF 1841 for possible inclusion in the Public Safety and Civil Justice Policy Committee omnibus bill.


Public Safety and Civil Justice Policy Committee
Minutes for Tuesday, March 20, 2007
Page 5


HF 1354 (Paymar): A bill for an act relating to crimes; prohibiting mandatory polygraphs for criminal sexual conduct victims; proposing coding for new law in Minnesota Statutes, chapter 611A.

HF 1354 was taken from the table.

Representative Paymar presented HF 1354.

Representative Paymar moved the H1354A1 amendment before the committee.

Representative Paymar moved to orally amend the H1354A1 amendment as follows:

Page 1, line 7, after “been" insert “given an opportunity to consult"

THE MOTION PREVAILED AND THE ORAL AMENDMENT WAS INCORPORATED.

Representative Paymar moved adoption of the A1354A1 amendment, as amended. THE MOTION PREVAILED.

Chair Kalin laid over HF 1354, as amended, for possible inclusion in the Public Safety and Civil Justice Policy Committee omnibus bill.

The meeting was recessed at 7:30 P.M.

The meeting reconvened at 7:50 P.M.

HF 2265 (Mullery): A bill for an act relating to criminal justice; providing that certain violent offenders consent to on-demand searches as a condition of being released on probation, supervised release, or parole; amending Minnesota Statutes 2006, sections 244.05, by adding a subdivision; 609.135, by adding a subdivision.

Representative Mullery presented HF 2265 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:
John Zanmiller, Hennepin County Probation Officer

Representative Mullery and Representative Holberg discussed oral amendments to HF 2265. Even though Representative Mullery had no objection to accepting the proposed amendments, there was no formal motion to adopt them.

Chair Kalin laid HF 2265 over for possible inclusion in the Public Safety and Civil Justice Policy Committee omnibus bill.

HF 93 (Mullery): A bill for an act relating to government data practices; providing for parole and probation authorities to have access to certain records; amending Minnesota Statutes 2006, section 624.714, by adding a subdivision.

Representative Mullery moved adoption of the H0093DE1 delete everything amendment. THE MOTION PREVAILED.

Representative Mullery presented HF 93 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 against the bill:
ÿ Joseph Olson, President, Gun Owners Civil Rights Alliance, and law professor at Hamline Law School

Public Safety and Civil Justice Policy Committee
Minutes for Tuesday, March 20, 2007
Page 6


Chair Kalin laid over HF 93, as amended, for possible inclusion in the Public Safety and Civil Justice Policy Committee omnibus bill.


The meeting was adjourned at 10:05 P.M.


__________________________________________
Representative Joe Mullery, Chair


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

HF270 (Howes) Removing a provision relating to termination of jurisdiction;
HF1171 (Davnie) Modifying data practices provisions in the Department of Labor and Industry;
HF1542 (Zellers) Specifying amount of methamphetamine precursor drugs that consumers may purchase;
HF1756 (Hortman) Regulating salvage certificates of title and certain vehicles being dismantled or destroyed; requiring electronic notification;
HF1895 (Gardner) Including court file copy costs in expenses paid on behalf of a person proceeding in forma pauperis;
HF2205 (Bigham) Providing for applicability of certain old sex offender provisions for crimes committed before enactment of new sex offender law;


HF1505 (Cornish) Has been removed from the agenda.
HF1041 (Abeler) Has been removed from the agenda.