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Public Safety and Civil Justice

THIRTY-FIFTH MEETING

2007-2008 Regular Session - March 06, 2008

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

PUBLIC SAFETY AND CIVIL JUSTICE POLICY COMMITTEE


MINUTES


Representative Mullery, Chair of the Committee, called the meeting to order at 4:30 P.M. on Thursday, March 6, 2008, in Room 500S of the State Office Building.

The Committee Legislative Assistant noted the roll.

Members Present: Members Excused:
Mullery (Chair) DeLaForest
Kalin (Vice-Chair) Holberg
Bigham Kranz
Cornish Sailer
Emmer
Hilstrom
Johnson, S.
Kohls
Lesch
Lillie
Olin
Paymar
Simon
Smith
Westrom


A quorum was present.

HF 3391 (2nd Engrossment): A bill for an act relating to health care reform; increasing affordability and continuity of care for state health care programs; modifying health care provisions; providing subsidies for employee share of employer-subsidized insurance; establishing the Minnesota Health Insurance Exchange; requiring certain employers to offer Section 125 Plan; establishing the Health Care Transformation Commission; creating an affordability standard; requiring mandated reports; appropriating money; amending Minnesota Statutes 2006, section 62A.65, subdivision 3; 62E.141; 62L.12, subdivisions 2, 4; 256.01, by adding subdivisions; 256B.061; 256B.69, by adding a subdivision; 256D.03, by adding a subdivision; 256L.05, by adding a subdivision; 256L.06, subdivision 3; 256L.07, subdivision 3; 256L.15, by adding a subdivision; Minnesota Statutes 2007 Supplement, sections 13.46, subdivision 2; 256B.056, subdivision 10; 256L.03, subdivisions 3, 5; 256L.04, subdivisions 1, 7; 256L.05, subdivision 3a; 256L.07, subdivision 1; 256L.15, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 256B; proposing coding for new law as Minnesota Statutes 62U; repealing Minnesota Statutes 2006, section 256L.15, subdivision 3.

Representative Kalin moved HF 3391 before the committee.

Representative Huntley presented his bill.

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

Representative Kalin moved that HF 3391, the 2nd Engrossment, be recommended to pass, and when so passed, be re-referred to the Committee on Commerce and Labor. THE MOTION PREVAILED.

Representative Kalin assumed the chair at 4:48 P.M.

HF 3483 (Mullery): A bill for an act relating to police officers; permitting police officers to be represented by an attorney and a union representative at disciplinary hearing; amending Minnesota Statutes 2006, section 626.89, subdivision 9.


Public Safety and Civil Justice Policy Committee
Minutes for Thursday, March 06, 2008
Page 2


Representative Mullery moved adoption of the DE1 amendment. THE MOTION PREVAILED.

Representative Cornish moved that HF 3483, as amended, be recommended to pass, and when so passed, be placed on the Consent Calendar.

Representative Mullery presented his bill.

Testifying for the bill:
Jim Michels, Attorney for Police Officers Federation of Minneapolis
John Delmonico, President, Police Officers Federation of Minneapolis

Representative Cornish renewed his motion. THE MOTION PREVAILED.

HF 2787 (Mullery): A bill for an act relating to the interpretation of statutes; providing that certain private actions are in the public interest and benefit the public; amending Minnesota Statutes 2006, section 645.17.

Representative Mullery moved adoption of the A1 amendment. THE MOTION PREVAILED.

Representative Mullery moved that HF 2787, as amended, be recommended to pass, and when so passed, be placed on the General Register.

Representative Mullery presented his bill.

Testifying for the bill:
Prentiss Cox, Associate Professor, University of Minnesota
Galen Robinson, Litigation Director, Mid-Minnesota Legal Assistance
Nicholas Slade, consumer rights law firm

Testifying against the bill:
Dave Dederichs, Minnesota Chamber of Commerce

Representative Mullery amended his previous motion that HF 2787, as amended, be recommended to pass, and when so passed, 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 3598 (Mullery): A bill for an act relating to crime; providing for a minimum presumptive executed sentence for repeat sex offenders; amending Minnesota Statutes 2006, section 609.3455, by adding a subdivision.

Representative Mullery moved adoption of the A1 amendment. THE MOTION PREVAILED.

Representative Mullery moved that HF 3598, as amended, be recommended to pass, and when so passed 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 Mullery presented his bill.

Testifying for the bill:
Anne Wall, Senior Research Analyst, Minnesota Sentencing Guidelines Commission

Representative Mullery renewed his motion. THE MOTION PREVAILED.

Representative Mullery resumed the chair at 5:26 P.M.

HF 2996 (Paymar): A bill for an act relating to corrections; authorizing deferral of judgment for certain drug offenses; repealing the sunset on early release of nonviolent controlled substance offenders; requiring the commissioner of corrections to develop a marketing plan for MINNCOR industries;


Public Safety and Civil Justice Policy Committee
Minutes for Thursday, March 06, 2008
Page 3



defining long-term homelessness to include persons released from incarceration for purposes of receiving supportive services; granting the Department of Corrections access to DEED pre-confinement data on inmates; providing a tax credit to employers that employ persons with criminal records; requiring the commissioner of corrections to study re-entry facilities and programming; increasing funding for chemical and mental health treatment for inmates and probationers; creating a certificate of rehabilitation; establishing a task force to study and recommend approaches for developing a re-entry court pilot program; establishing a controlled substance law working group; requiring the commissioner of corrections to conduct an internal review of parole and supervised release procedures and sanctions; appropriating money; amending Minnesota Statutes 2006, ,sections 152.18, subdivision 1; 241.27, by adding a subdivision; 256K.26, subdivision 3; 290.06, by adding a subdivision; 611A.06, subdivision 1a; Minnesota Statutes 2007 Supplement, section 268.19, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 364; repealing Minnesota Statutes 2006, section 244.055, subdivision 11.

Representative Paymar moved to adopt the A1 amendment. THE MOTION PREVAILED.

Representative Paymar moved that HF 2996, as amended, be recommended to pass, and when so passed, 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 Paymar presented his bill.

Testifying for the bill:
Representative Rob Eastlund
John Stuart, State Public Defender
Susan Gaertner, Ramsey County Attorney

Representative Paymar amended his previous motion that HF 2996, as amended, be recommended to pass without recommendation, and when so passed 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 3217 (Shimanski): A bill for an act relating to crimes; including false police and fire emergency calls as misdemeanor offense; amending Minnesota Statutes 2006, section 609.78, subdivision 1.

Representative Cornish moved HF 3217 before the committee.

Representative Shimanski presented his bill.

Representative Bigham moved to orally amend HF 3217 as follows:

Page 1, line 1.16, after "(4) insert "intentionally"

THE MOTION PREVAILED.

Representative Cornish moved that HF 3217, as amended, be recommended to pass, and when so passed be placed on the General Register. THE MOTION PREVAILED.

Representative Cornish moved approval of the Minutes for March 3, 2008, and March 4, 2008. THE MINUTES WERE APPROVED.

The meeting was adjourned at 5:50 P.M.


_________________________________________
Representative Joe Mullery, Chair


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

HF1218 (Lesch) Requiring defendant waiver of jury trial to be consented by the prosecutor.
HF2787 (Mullery) Providing that certain private actions are in the public interest and benefit the public.
HF2996 (Paymar) authorizing deferral of judgment for certain drug offenses; repealing the sunset on early release of nonviolent controlled substance offenders; requiring the commissioner of corrections to develop a marketing plan for MINNCOR industries; defining long-term homelessness to include persons released from incarceration for purposes of receiving supportive services; granting the Department of Corrections access to DEED preconfinement data on inmates; providing a tax credit to employers that employ persons with criminal records; requiring the commissioner of corrections to study re-entry facilities and programming; increasing funding for chemical and mental health treatment for inmates and probationers; creating a certificate of rehabilitation; establishing a task force to study and recommend approaches for developing a re-entry court pilot program; establishing a controlled substance law working group; requiring the commissioner of corrections to conduct an internal review of parole and supervised release procedures and sanctions; appropriating money.
HF3217 (Shimanski) Including false police and fire emergency calls as misdemeanor offense.
HF3391 (Huntley) State health care programs funding increased, provisions modified, fees increased, subsidies provided, Minnesota Health Insurance Exchange established, standard created, reports required, rulemaking authorized, and money appropriated.
HF3438 (Thissen) Genetic handling information provisions changed.
HF3483 (Mullery) Police officers permitted attorney and union representation at disciplinary hearings.
HF3598 (Mullery) Sex offender minimum presumptive executed sentence imposed for repeat offenders.
HF3863 (Thissen) Official traffic-control device automatic enforcement authorized.

HF3597 (Mullery) and HF3606 (Mullery) have been removed from the agenda.