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Public Safety and Civil Justice

TWENTY-FOURTH MEETING

2007-2008 Regular Session - March 21, 2007

These minuttes are not yet approved.
STATE OF MINNESOTA TWENTY-FOURTH 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 21, 2007, in Room 500N of the State Office Building.

The Committee Legislative Assistant noted the roll.


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



A quorum was present.

HF 1726, First Engrossment (Thissen): A bill for an act relating to heatlh; establishing the Health Records Act; penalties; proposing coding for new law in Minnesota Statutes, chapter 144; repealing Minnesota Statutes 2006, section 144.335.

Representative Kalin moved HF 1726, the First Engrossment, before the committee and moved that the bill be recommended to pass and be re-referred to the Committee on Finance.

Representative Thissen presented HF 1726.

Testifying for the bill:
Jim Golden, Minnesota Department of Health, Division Director

Testifying against the bill:
Rich Neumeister
Twila Brase, Citizens Council on Health Care

Representative Kohls moved adoption of the H1726A13 amendment. THE MOTION PREVAILED.

Representative Emmer moved to orally amend the H1726A7 amendment as follows:

Page 1, line 2, after "Page" insert "6" and after "line" insert “6"

THE MOTION PREVAILED AND THE ORAL AMENDMENT WAS INCORPORATED.

Representative Emmer moved adoption of the H1726A7 amendment, as amended, 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 Wednesday, March 21, 2007
Page 2



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


On a vote of 5 Ayes and 9 Nays, THE MOTION DID NOT PREVAIL.

Representative Emmer moved adoption of the H1726A9 amendment. THE MOTION WAS WITHDRAWN.

Representative Emmer moved adoption of the H1726A10 amendment and requested a roll call vote.

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


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



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

Representative Kalin moved that HF 1726, the First Engrossment, as amended, be recommended to pass and be re-referred to the Committee on Finance. THE MOTION PREVAILED.

HF 907 (Paymar): A bill for an act relating to corrections; authorizing independently licensed mental health care professionals to deliver service to inmates; amending Minnesota Statutes 2006, section 241.69, subdivisions 3, 4.

Representative Paymar presented HF 907 and moved that the bill be laid over for possible inclusion in the Public Safety and Civil Justice Policy Committee omnibus bill.

Chair Mullery laid over HF 907 for possible inclusion in the Public Safety and Civil Justice Policy Committee omnibus bill.

HF 1919, First Engrossment (Marquart): A bill for an act relating to real property; providing for plats of land; amending Minnesota Statutes 2006, sections 505.01; 505.03, subdivision 1; 505.04; 505.08, subdivision 2; 505.1792, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 505; repealing Minnesota Statutes 2006, sections 505.02; 505.08, subdivisions 1, 2a, 3.

Representative Lillie moved HF 1919, the First Engrossment, before the committee and moved that the bill be recommended to pass, and when so passed, be placed on the General Register.


Public Safety and Civil Justice Policy Committee
Minutes for Wednesday, March 21, 2007
Page 3



Testifying for the bill:
Mike Welling, Washington County Surveyor and president of the Minnesota Association of County Surveyors
Lyn Caswell, Elk River, Minnesota Society of Professional Surveyors

Representative Lillie renewed his motion. THE MOTION PREVAILED.

HF 1577, First Engrossment (Lesch): A bill for an act relating to human services; modifying licensing provisions; modifying data practices; changing education and training requirements; requiring pandemic planning; modifying sanctions, suspensions, revocations and disqualifications; changing appeal procedures; requiring procedures to reduce sudden infant death syndrome; requiring CPR training; establishing criteria for alleged maltreatment; changing background study requirements; amending Minnesota Statutes 2006, sections 13.46, subdivisions 2, 4; 245A.03, subdivision 2; 245A.04, subdivision 11, by adding subdivisions; 245A.06, subdivision 4; 245A.07, subdivisions 2a, 03, by adding a subdivision; 245A.08, subdivision 2a; 245A.14, subdivision 8; 245A.144; 245A.1445; 245A.145, subdivision 1; 245A.18, subdivision 2; 245A.65, subdivision 1, by adding a subdivision; 245C.02, by adding a subdivision; 245C.05, subdivision 3; 245C.07; 245C.08; 245C.09, subdivision 1; 245C.11, by adding a subdivision; 245C.13, subdivision 2; 245C.15, subdivisions 1, 2, 3, 4; 245C.16, subdivision 1; 245C.17, subdivisions 2, 3; 245C.21, subdivisions 2, 3; 245C.22, subdivisions 4, 5; 245C.24, subdivision 3; 245C.27, subdivision 1; 245C.28, subdivision 1; 245C.301; 270B.14, subdivision 1; 626.556, subdivisions 2, 10e, 10i; 626.557, subdivisions 9c, 9d; 626.5572, subdivision 17; proposing coding for new law in Minnesota Statutes, chapter 245A; repealing Minnesota Statutes 2006, sections 245A.023; 245A.14, subdivisions 7, 9, 9a, 12, 13; 245C.06; Minnesota Rules, parts 9502.0385; 9503.0035.

Representative Bigham moved HF 1577, the First Engrossment, before the committee and moved that the bill be recommended to pass, and when so passed, be placed on the General Register.

Representative Abeler presented HF 1577 in Representative Lesch's absence.

Testifying for the bill:
Jerry Kerber, Licensing Division Director, Minnesota Department of Human Services

Representative Kalin moved to orally amend the H1577A4 amendment. After some discussion, it was decided to suspend further action on the amendment and HF 1577 until an agreement was reached on the H1577A4 amendment. Representative Bigham withdrew her motion and Chair Mullery laid the bill on the table.

HF 1041, First Engrossment (Abeler): A bill for an act relating to health; requiring health plans to establish a plan to monitor prescribing of controlled substances; establishing a controlled substances prescription electronic reporting system; requiring an evaluation report; amending Minnesota Statutes 2006, section 152.11, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 62Q; 152; 256B.

Representative Bigham moved HF 1041, the First Engrossment, before the committee 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 Health Care and Human Services Finance Division.

Representative Bigham moved adoption of the H1041A4 amendment. THE MOTION PREVAILED.

Representative Bigham moved to orally amend HF 1041, the First Engrossment, as follows:

Page 1, delete section 1

THE MOTION PREVAILED.

Public Safety and Civil Justice Policy Committee
Minutes for Wednesday, March 21, 2007
Page 4



Representative Abeler presented HF 1041, the First Engrossment, as amended.

Representative Bigham moved that HF 1041, the First Engrossment, 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 Health Care and Human Services Finance Division. THE MOTION PREVAILED.

HF 1577, First Engrossment (Lesch) was taken off the table.

Representative Kalin moved to orally amend the H1577A4 amendment as follows:

Page 1, delete lines 9 through 26

Page 2, delete lines 1 through 8

THE ORAL AMENDMENT WAS INCORPORATED.

Representative Kalin moved adoption of the H1577A4 amendment as amended. THE MOTION PREVAILED.

Testifying for the bill:
Laura Zrust, Manager, State Program Administration, Minnesota Department of Human Services

Representative Kalin moved that HF 1577, the First Engrossment, as amended, be recommended to pass, and when so passed, be placed on the General Register. THE MOTION PREVAILED.

HF 1758, First Committee Engrossment (Davnie): A bill for an act relating to commerce; regulating access devices; establishing liability for security breaches; providing enforcement powers; proposing coding for new law in Minnesota Statutes, chapter 325E.

Representative Davnie presented his bill for informational purposes only.

Testifying for the bill:
Dana Hoffman Guy, Credit Union Network

Testifying against the bill:
Buzz Anderson, Minnesota Retailers

HF 1169, First Engrossment (Walker): A bill for an act relating to human services; changing child welfare, placement, and licensing provisions; amending Minnesota Statutes 2006, sections 245A.035; 245A.16, subdivisions 1, 3; 245C.02, by adding a subdivision; 245C.04, subdivision 1; 245C.05, subdivisions 1, 4, 5, 7, by adding a subdivision; 245C.08, subdivisions 1, 2; 245C.10, by adding a subdivision; 245C.11, subdivisions 1, 2; 245C.12; 245C.16, subdivision 1; 245C.17, by adding a subdivision; 245C.21, by adding a subdivision; 245C.23, subdivision 2; 256.01, subdivision 2; 259.20, subdivision 2; 259.24, subdivision 3; 259.29, subdivision 1; 259.41; 259.53, subdivisions 1, 2; 259.57, subdivisions 1, 2; 259.67, subdivision 7; 259.75, subdivision 8; 260.012; 260.755, subdivisions 12, 20; 260.761, subdivision 7; 260.765,
subdivision 5; 260.771, subdivisions 1, 2; 260C.152, subdivision 5; 260C.163, subdivision 1; 260C.201, subdivision 11; 260C.209; 260C.212, subdivisions 1, 2, 4; 260C.317, subdivision 3; 260C.331, subdivision 1; 626.556, subdivisions 10, 10a, 10f, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapters 245C; 260; repealing Laws 1997, chapter 8, section 1; Minnesota Rules, part 9560.0102, subpart 2, item C.

Representative Olin moved HF 1169 before the committee and moved that the bill be recommended to pass and be re-referred to the Committee on Finance.


Public Safety and Civil Justice Policy Committee
Minutes for Wednesday, March 21, 2007
Page 5



Testifying for the bill:
Erin Sullivan-Sutton, Child Services Division Director, Minnesota Department of Human Services

Representative Olin renewed his motion. THE MOTION PREVAILED.

HF 635 (Masin): A bill for an act relating to telecommunications; enacting the Minnesota Wireless Telephone Consumer Protection Act; changing certain existing requirements; amending Minnesota Statutes 2006, section 237.665; proposing coding for new law in Minnesota Statutes, chapter 325F; repealing Minnesota Statutes 2006, section 325F.695.

Representative Masin presented her bill, as well as the H0635DE4 delete everything amendment to the Second Engrossment, for informational purposes only.

Testifying for the bill:
Jessica Palmer-Demig, Assistant Attorney General, Minnesota Attorney General’s Office

Testifying against the bill:
Juanita Brown, Vice President, AT&T

Representative Kohls moved approval of the Public Safety and Civil Justice Policy Committee Minutes for the March 8 and March 13 meetings, and further moved approval of the Minutes for the March 15 meeting after first making a grammatical correction on page 2. THE MOTION PREVAILED.

Representative Kalin assumed the chair at 8:17 P.M.

HF 2229 (Mullery): A bill for an act relating to public safety; establishing ignition interlock device pilot project for repeat DWI offenders and providing a temporary exception to mandatory sentencing law for offenders required to use theses devices; amending Minnesota Statutes 2006, section 169A.275, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 171.

Representative Mullery presented HF 2229 and moved adoption of the H2229A2 amendment. THE MOTION PREVAILED.

Representative Mullery moved that HF 2229, as amended, be laid over for possible inclusion in the Public Safety and Civil Justice Policy Committee omnibus bill.

Testifying for the bill:
Katherine Burke Moore, Deputy Director, Office of Traffic Safety, Minnesota Department of Public Safety
Lynne Goughlor, Vice Chair of Public Policy, MADD
Pat McCormack, Driver and Vehicle Services Division Director, Minnesota Department of Public Safety

Chair Kalin laid over HF 2229, as amended, for possible inclusion in the Public Safety and Civil Justice Policy Committee omnibus bill.

HF 1824 (Faust): A bill for an act relating to amusement rides; modifying provisions regulating amusement rides; defining terms; amending Minnesota Statutes 2006, sections 184B.01, subdivision 4, by adding subdivisions; 184B.02; 184B.03; 184B.05; 184B.07; proposing coding for new law in Minnesota Statutes, chapter 184B; repealing Minnesota Statutes 2006, section 184B.06.

Representative Faust presented his bill for informational purposes only. When the committee is able to take official action on HF 1824, Representative Faust also suggested an oral amendment be incorporated into the bill as follows:


Public Safety and Civil Justice Policy Committee
Minutes for Wednesday, March 21, 2007
Page 6


Page 4, line 3, after “employee" insert “or agent"

Testifying for the bill:
John Schultz, Assistant Director, Construction Codes and Licensing Division, Minnesota Department of Labor and Industry

HF 1004, Draft Informational Engrossment (Davnie): A bill for an act relating to mortgages; prohibiting predatory lending practices; amending Minnesota Statutes 2006, sections 58.02, by adding subdivisions; 58.13, subdivision 1; 58.137, subdivision 1; 58.15; 58.16, subdivision 1, by adding a subdivision.

Representative Davnie presented his bill for informational purposes only.

Testifying for the bill:
Dean Rose, Owner/Operator, The Bean Scene, Minneapolis
Amber Hawkins, Legal Services Advocacy Project

HF 931 (Mullery): A bill for an act relating to mortgages; prohibiting certain predatory lending practices; prescribing criminal penalties; providing remedies; amending Minnesota Statutes 2006, sections 58.13, subdivision 1; 58.137, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 58; 82B.

Representative Mullery presented his bill for informational purposes only.


The meeting was adjourned by Chair Kalin at 9:50 P.M.


__________________________________________
Representative Joe Mullery, Chair


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

HF1726 (Thissen) Establishing the Health Records Act; providing penalties;
HF2229 (Mullery) Establishing ignition interlock device pilot project for repeat DWI offenders and providing a temporary exception to mandatory sentencing law for offenders required to use these devices;
HF907 (Paymar) Authorizing independently licensed mental health care professionals to deliver service to inmates;
HF1919 (Marquart) Providing for plats of land;
HF1169 (Walker) Changing child welfare provisions;
HF1577 (Lesch) Making changes to licensing provisions; modifying data practices, program administration, disaster plans, education programs, conditional license provisions, suspensions, sanctions, and contested case hearings, child care center training, family child care training requirements, vulnerable adults, maltreatment of minors, background studies, disqualifications, reconsiderations, disqualification set-asides, fair hearings, appeals, changing definitions of neglect and physical abuse;
HF1041 (Abeler) Establishing a controlled substances prescription electronic reporting system;
HF635 (Masin) Enacting the Minnesota Wireless Telephone Consumer Protection Act;
HF1758 (Davnie) Regulating access devices; establishing liability for security breaches; providing enforcement powers;
HF1824 (Faust) Amusement ride regulation provisions modified.
HF931 (Mullery) Prohibiting certain predatory lending practices; prescribing criminal penalties; providing remedies;
HF1004 (Davnie) Prohibiting predatory lending practices.

HF1058 (Thissen) Has been removed from the agenda.