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Public Safety and Civil Justice

TWENTY-FIFTH MEETING

2007-2008 Regular Session - March 22, 2007

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

PUBLIC SAFETY AND CIVIL JUSTICE COMMITTEE

MINUTES


Representative Mullery, Chair, called the meeting to order at 12:48 P.M. on Thursday, March 22, 2007, in Room 10 of the State Office Building.

The Committee Legislative Assistant noted the roll.


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



A quorum was present.

HF 1360 (Simon): A bill for an act relating to data practices; clarifying duties and classifications; making technical changes; amending Minnesota Statutes 2006, sections 13.02, subdivision 11; 13.04, subdivisions 3, 4; 13.05, subdivision 10; 13.35; 13.355, subdivision 1;
13.384, subdivisions 1, 2; 13.39, subdivisions 1, 2, 3; 13.393; 13.40, subdivisions 1, 3; 13.41, subdivision 3; 13.43, subdivisions 2, 5, 7, 10, 11; 13.435; 13.44, subdivisions 1, 2, 3; 13.462, subdivisions 2, 3; 13.48; 13.552, subdivision 3; 13.861, subdivision 1; 13.87, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 13; repealing Minnesota Statutes 2006, section 13.79, subdivision 2.

HF 1360 was taken from the table.

Representative Simon moved adoption of the H1360DE1 delete everything amendment. THE MOTION PREVAILED.

Representative Simon moved that HF 1360, as amended, be recommended to pass, and when so passed, be placed on the General Register.

Testifying for the bill:
Laura Beyer-Kropeunske, Director, Information Policy and Analysis Office, Minnesota Department of Administration

Representative Holberg moved to orally amend HF 1360, the delete everything amendment (H1360DE1) as follows:

Page 6, line 15, reinstate "which are in effect on" and insert "January 1, 2007"

THE ORAL AMENDMENT WAS INCORPORATED.

Representative Holberg moved to orally amend HF 1360, the delete everything amendment (H1360DE1) as follows:

Public Safety and Civil Justice Policy Committee
Minutes for Thursday, March 22, 2007
Page 2


Page 17, delete section 43

Page 22, delete sections 52 to 54

Page 25, delete sections 55 to 57

Page 26, delete section 58

Page 26, line 28, delete "; and 175.24, are" and insert “is"

Renumber the sections in sequence and amend the title accordingly.

THE ORAL AMENDMENT WAS INCORPORATED.

Representative Simon moved adoption of the H1360A4 amendment.

Testifying against the H1360A4 amendment:
Rich Neumeister, private citizen

THE MOTION PREVAILED.

Representative Simon moved adoption of the H1360A5 amendment.

Testifying in favor of the H1360A5 amendment:
Rick Walzer, Minnesota Department of Revenue

THE MOTION PREVAILED.

Representative Simon moved adoption of the H1360A6 amendment. THE MOTION PREVAILED.

Representative DeLaForest moved adoption of the A07-0531 amendment. THE MOTION PREVAILED.

Representative Westrom moved adoption of the H1360A3 amendment. After further discussion THE MOTION WAS WITHDRAWN.

Representative Hilstrom moved the language of HF 131, the Second Engrossment, be incorporated into HF1360, the delete everything amendment (H1360DE1). THE MOTION PREVAILED.

Representative Kalin moved the language of HF 1302 be incorporated into HF1360, the delete everything amendment (H1360DE1). THE MOTION PREVAILED.

Representative Simon moved that HF 1360, the delete everything amendment (H1360DE1), as amended, be recommended to pass, and when so passed, be placed on the General Register. THE MOTION PREVAILED.

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.

HF 999 was taken from the table.

Chair Mullery moved that the bill be recommended to pass, and when so passed, be placed on the General Register. THE MOTION CARRIED.

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,

Public Safety and Civil Justice Policy Committee
Minutes for Thursday, March 22, 2007
Page 3



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.

HF 1500 was taken from the table.

Representative Holberg moved that the bill be recommended to pass, and when so passed, be placed on the General Register. THE MOTION CARRIED.

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; 245.94, subdivisions 1, 3, 4; 524.5-316; 524.5-502.

HF 1396 was taken from the table.

The committee acquiesced to Representative Kohls’ request that action on HF 1396 be delayed until the committee receives the unofficial engrossment.

The committee recessed at 1:50 P.M.

The committee reconvened at 1:58 P.M.

HF 1396, the Unofficial Engrossment (Madore): A bill for an act relating to guardians and conservators; changing certain requirements and procedures.

The bill was taken from the table.

Chair Mullery moved that HF 1396, the Unofficial Engrossment (H1396UE1), be recommended to pass, and when so passed, be placed on the General Register. THE MOTION PREVAILED.

HF 117 (Thissen): A bill for an act relating to courts; modifying personal jurisdiction over foreign corporations and nonresident individuals in certain matters; amending Minnesota Statutes 2006, section 543.19, subdivision 1.

The bill was taken from the table.

Chair Mullery moved that HF 117 be recommended to pass, and when so passed, be placed on the General Register. THE MOTION PREVAILED.

The committee recessed at 2:04 P.M.

The committee reconvened in Room 500N of the State Office Building at 6:25 P.M.

HF 1225 (Olin): A bill for an act relating to civil actions; modifying the limitation on actions for damages based on services or construction to improve real property for certain actions; amending Minnesota Statutes 2006, section 541.051, subdivision 2.

HF 1225 was taken from the table.

Chair Mullery moved that HF 1225 be recommended to pass, and when so passed, be placed on the General Register. THE MOTION PREVAILED.

HF 211, First Engrossment (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.


Public Safety and Civil Justice Policy Committee
Minutes for Thursday, March 22, 2007
Page 4



The bill was taken from the table.

Chair Mullery moved that HF 211 be recommended to pass, and when so passed, be placed on the General Register. THE MOTION PREVAILED.

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.

Chair Mullery moved that HF 1919 be recommended to pass, and when so passed, that it be placed on the General Register. THE MOTION PREVAILED.

HF 1074, First Engrossment (Ruud): A bill for an act relating to 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 adoption of the H1074A3 amendment. THE MOTION PREVAILED.

Chair Mullery moved that HF 1074, as amended, be recommended to pass, and when so passed, placed on the General Register. THE MOTION PREVAILED.

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.

Chair Mullery moved that HF 1824 be recommended to pass, and when so passed, be placed on the General Register. THE MOTION PREVAILED.

HF 1758, First 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.

Chair Mullery moved adoption of the A07-0548 amendment. THE MOTION PREVAILED.

Representative Kohls moved to orally amend HF 1758, the First Engrossment, as follows:

Page 2, line 34, delete everything after the period.

Page 2, delete line 35

THE ORAL AMENDMENT WAS NOT INCORPORATED.

Chair Mullery that HF 1758, as amended, be recommended to pass, and when so passed, be placed on the General Register. THE MOTION PREVAILED.

HF 1004, First 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.

Chair Mullery moved adoption of the A07-0542 delete everything amendment. THE MOTION PREVAILED.

Public Safety and Civil Justice Policy Committee
Minutes for Thursday, March 22, 2007
Page 5



Testifying for the bill:
Amber Hawkins, Legal Services Advocacy Project

Chair Mullery moved that HF 1004, as amended, be recommended to pass, and when so passed, be placed on the General Register. 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 moved adoption of the H1841A1 amendment. THE MOTION PREVAILED.

Representative Simon moved that HF 1841, as amended, be recommended to pass, and when so passed, be placed on the General Register. THE MOTION PREVAILED.

HF 49 (Lesch): A bill for an act relating to public nuisances; providing that certain criminal gang behavior is a public nuisance; authorizing injunctive relief and other remedies; proposing coding for new law in Minnesota Statutes, chapter 617.

HF 49 was taken from the table.

Representative Simon moved that HF 49 be recommended to pass, and when so passed, be placed on the General Register. THE MOTION PREVAILED.

HF 1704, First Engrossment (Tillberry): A bill for an act relating to motor vehicles; requiring motor vehicle collision repair to include air bag repair or replacement; providing criminal penalties; proposing coding for new law in Minnesota Statutes, chapter 325E.

Chair Mullery moved the bill before the committee.

Representative Tillberry presented his bill.

Chair Mullery moved that HF 1704 be recommended to pass, and when so passed, be placed on the General Register. THE MOTION PREVAILED.

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.

HF 1595 was taken from the table.

Representative Swails presented her bill.

Chair Mullery moved that HF 1595 be recommended to pass, and when so passed, be placed on the General Register. 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; proposing coding for new law in Minnesota Statutes, chapter 325F; repealing Minnesota Statutes 2006, section 325F.695.

Representative Kalin moved the bill before the committee, and moved that HF 635 be recommended to pass, and when so passed, be placed on the General Register. THE MOTION PREVAILED.

HF 2318 (Bigham): A bill for an act relating to public safety; modifying sentences for repeat sex offenders; amending Minnesota Statutes 2006, section 609.3455, subdivision 4.


Public Safety and Civil Justice Policy Committee
Minutes for Thursday, March 22, 2007
Page 6



Representative Bigham presented HF 2318 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 2318 for possible inclusion in the Public Safety and Civil Justice Policy Committee omnibus bill.

Representative Kalin assumed the chair at 7:15 P.M.

HF 931, First Engrossment (Mullery): A bill for an act relating to mortgages; prohibiting certain predatory lending practices; prescribing criminal penalties; providing remedies; amending Minnesota Statutes 2006, sections 58.02, by adding subdivisions; 58.13, subdivision 1; 58.137, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 58; 82B.

Representative Mullery moved that HF 931 be recommended to pass, and when so passed, be placed on the General Register.

Representative Mullery moved adoption of the A07-0473 amendment. THE MOTION PREVAILED.

Representative Mullery moved to reconsider the adoption of the A07-0473 amendment. THE ADOPTION OF THE A07-0473 AMENDMENT WAS RECONSIDERED.

In order to line up with the correct engrossment of HF 931, Representative Mullery moved to orally amend the A07-0473 amendment as follows:

Page 1, line 1, after “931", insert “the first engrossment"

Page 1, line 2, delete “5" and insert “6", delete “line 29, after the period" and insert “after line 21"

THE ORAL AMENDMENT WAS INCORPORATED.

After consultation with House Research staff, it was determined that the language contained in the A07-0473 amendment was already incorporated in the first engrossment of the bill by the Commerce and Labor Committee. Representative Mullery moved to reconsider the adoption of the A07-0473 amendment as amended. THE ADOPTION OF THE A07-0473 AMENDMENT, AS AMENDED, WAS RECONSIDERED.

Representative Mullery withdrew his motion to adopt the A07-0473 amendment as amended.

Representative Mullery renewed his motion that HF 931 be recommended to pass, and when so passed, be placed on the General Register. THE MOTION PREVAILED.

HF1058, First Engrossment (Thissen): A bill for an act relating to motor vehicles; authorizing automatic enforcement of official traffic-control devices; amending Minnesota Statutes 2006, sections 169.01, by adding subdivisions; 169.06, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 169.

Representative Olin moved the bill before the committee.

Representative Thissen presented his bill.

Chair Kalin moved adoption of the H1058A9 amendment. THE MOTION PREVAILED.

Representative Hilstrom moved adoption of the H1058A8 amendment. THE MOTION PREVAILED.

Public Safety and Civil Justice Policy Committee
Minutes for Thursday, March 22, 2007
Page 7


Chair Kalin moved adoption of the H1058A7 amendment. THE MOTION PREVAILED.

Representative Olin moved that HF 1058, the First Engrossment, as amended, be recommended to pass, and when so passed, be placed on the General Register.

Representative Cornish requested a roll call vote on passage of the bill, as amended.

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


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



On a vote of 6 Ayes and 7 Nays, THE MOTION DID NOT PREVAIL.

HF 1948 (Hilstrom): A bill for an act relating to public defense; providing for public defender representation for certain minors and persons; removing certain provisions requiring mandatory representation by the public defender; amending Minnesota Statutes 2006, sections 611.14; 611.16; 611.18.

Representative Hilstrom presented her bill, and moved that HF 1948 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 WAS WITHDRAWN.

Representative Hilstrom moved adoption of the H1948DE1 delete everything amendment.

Representative Hilstrom moved to orally amend the H1948DE1 delete everything amendment as follows:

Page 1, line 11, strike everything after “guardian" and insert “pursuant to Section 611.14"
Page 1, line 16, strike everything after “defender" and insert “for the child"

Page 1, line 23, delete “July 1, 2007" and insert “January 1, 2008"

Page 2, line 21, delete “July 1, 2007" and insert “January 1, 2008"

Page 3, line 19, delete “July 1, 2007" and insert “January 1, 2008"

Page 3, line 27, delete “July 1, 2007" and insert “January 1, 2008"

Page 4, line 17, delete “July 1, 2007" and insert “January 1, 2008"

THE MOTION PREVAILED AND THE ORAL AMENDMENTS WERE INCORPORATED.

Representative Hilstrom moved adoption of the H1948DE1 delete everything amendment, as amended. THE MOTION PREVAILED.

Testifying for the bill:
Kevin Kajer, Minnesota Board of Public Defense

Public Safety and Civil Justice Policy Committee
Minutes for Thursday, March 22, 2007
Page 8



Representative Hilstrom moved that HF 1948, as amended, be recommended to pass, and when so passed, be placed on the General Register. THE MOTION PREVAILED.

HF 1274 (Hilstrom): A bill for an act relating to public safety; authorizing integrated search service inquiries; restricting use of drivers’ license photographs for criminal justice use; authorizing the Department of Public Safety to establish a secure subscription service to enhance officer safety during tactical operations by and between federal, state, and local law enforcement agencies; updating and clarifying membership on the CriMNet Task Force; amending Minnesota

Statutes 2006, sections 171.07, subdivision 1a; 299C.405; 299C.65, subdivisions 2, 5; proposing coding for new law in Minnesota Statutes, chapter 13.

Representative Hilstrom presented her bill.

Representative Hilstrom moved adoption of the H1274DE1 delete everything amendment. THE MOTION PREVAILED.

Testifying for the bill:
Dana Gotz, Minnesota Bureau of Criminal Apprehension

Representative Hilstrom moved that HF 1274, as amended, be laid over for possible inclusion in the Public Safety and Civil Justice Policy Committee omnibus bill.

Chair Kalin laid over HF 1274, as amended, for possible inclusion in the Public Safety and Civil Justice Policy Committee omnibus bill.

The meeting was recessed at 8:15 P.M.

Chair Mullery reconvened the meeting at 8:30 P.M.


The meeting was adjourned at 8:33 P.M.


__________________________________________
Representative Joe Mullery, Chair


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

HF1360 (Simon) Omnibus Data Practices Bill. Clarifying duties and classifications; making technical changes.
Copies of this bill are available outside 367 State Office Building.