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Public Safety and Civil Justice

THIRTY-SEVENTH MEETING

2007-2008 Regular Session - March 11, 2008

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

PUBLIC SAFETY AND CIVIL JUSTICE POLICY COMMITTEE


MINUTES


Representative Mullery, Chair, called the meeting to order at 12:40 P.M. on Tuesday, March 11, 2008, in Room 10 of the State Office Building.

The Committee Legislative Assistant noted the roll.

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

A quorum was present.


HF 2811, the First Engrossment (Atkins): A bill for an act relating to occupations and professions; modifying provisions governing the Board of Accountancy; amending Minnesota Statutes 2006, sections 326A.01, subdivisions 2, 12, 17, by adding a subdivision; 326A.02, subdivisions 1, 3, 4, 5, 6, by adding a subdivision; 326A.03; 326A.04; 326A.05, subdivisions 1, 2, 3, 4; 326A.06; 326A.07; 326A.08, subdivisions 2, 4, 5, 6, 7, 8, 9; 326A.10; 326A.12; 326A.13; 326A.14; repealing Minnesota Statutes 2006, section 326A.05, subdivision 9.

Representative Bigham moved HF 2811 before the committee.

Representative Bigham moved adoption of the A08-1333 amendment. THE MOTION PREVAILED.

Representative Bigham moved adoption of the A08-1334 amendment. THE MOTION PREVAILED.

Representative Bigham moved adoption of the A08-1335 amendment. THE MOTION PREVAILED.

Representative Atkins presented his bill.

Representative Bigham moved that HF 2811 be recommended to pass, as amended, and when so passed, be placed on the General Register. THE MOTION PREVAILED.

Representative Bigham moved to reconsider her previous motion. THE MOTION PREVAILED.

Representative Bigham moved that HF 2811 be recommended to pass, as amended, and when so passed, be re-referred to the Committee on Government Operations. THE MOTION PREVAILED.

Public Safety and Civil Justice Policy Committee
Minutes for Tuesday, March 11, 2008
Page 2



HF 2911 (Atkins): A bill for an act relating to crime; establishing offenses involving the sale and purchase of event tickets; proposing coding for new law in Minnesota Statutes, chapter 609.

Representative Holberg moved HF 2911 before the committee.

Representative Holberg moved adoption of the A08-1138 amendment. THE MOTION PREVAILED.

Representative Atkins presented his bill.

Representative Holberg moved that HF 2911, as amended, be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.

HF 3397, the First Engrossment (Atkins): A bill for an act relating to lawful gambling; modifying bingo games, pull-tabs, tipboards, raffles, and prizes; modifying certain provisions of lawful gambling; modifying certain gambling manager provisions; providing for civil penalties; requiring a study and report on lawful gambling; amending Minnesota Statutes 2006, section 349.12, subdivisions 18, 31; 349.15, by adding a subdivision; 349.161, subdivisions 1, 5; 349.1641; 349.167, subdivisions 2, 4, 7; 349.17, subdivision 7; 349.18, subdivision 1; 349.19, subdivision 10; 349.191, subdivisions 1a, 1b; 349.2113; Minnesota Statutes 2007 Supplement, sections 349.15, subdivision 1; 349.17, subdivision 8; 349.211, subdivisions 2, 2a, 2c, 3, 4, by adding a subdivision.

Representative Lesch moved HF 3397 before the committee, and moved that HF 3397 be recommended to pass, and when so passed, be placed on the General Register.

Representative Atkins presented his bill.

Representative Lesch renewed his motion. THE MOTION PREVAILED.

HF 3378 (Tillberry): A bill for an act relating to gambling; clarifying definition of gambling device; repealing a provision relating to manufacture of gambling devices or components for shipment to other jurisdictions; amending Minnesota Statutes 2006, section 609.75, subdivision 4; repealing Minnesota Statutes 2006, section 349.40.

Representative Kranz moved HF 3378 before the committee and moved that HF 3378 be recommended to pass, and when so passed, be placed on the General Register.

Representative Tillberry presented his bill.

Representative Kranz renewed his motion. THE MOTION PREVAILED.

Representative Cornish moved approval of the Minutes for March 6, 2008, and March 7, 2008. THE MOTION PREVAILED AND THE MINUTES WERE APPROVED.

Representative Lesch assumed the chair at 12:55 P.M.

HF 3597 (Mullery): A bill for an act relating to crimes; modifying law protecting victims of sexual assault; amending Minnesota Statutes 2006, section 628.26.

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

Testifying for the bill:
ÿ Charles Glasrud, Stevens County Attorney

Representative Mullery moved that HF 3597, as amended, be recommended to pass and when so passed be placed on the Consent Calendar. THE MOTION PREVAILED.



Public Safety and Civil Justice Policy Committee
Minutes for Tuesday, March 11, 2008
Page 3



HF 3775 (Olin): A bill for an act relating to crimes; modifying law protecting victims of sexual assault; amending Minnesota Statutes 2006, sections 609.342, subdivision 1; 609.343, subdivision 1; 628.26; Minnesota Statutes 2007 Supplement, section 609.341, subdivision 11.

Representative Olin moved to orally amend HF 3775 as follows:

Page 4, delete section 4.

THE MOTION PREVAILED.

Representative Olin presented his bill.

Testifying for the bill:
Chris Karpan, Dakota County Attorney's Office
Erin Kuester, Goodhue County Attorney’s Office
Nathaniel Reitz, Assistant Rice County Attorney

Representative Olin moved that HF 3775, as amended, be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.

Representative Olin moved to reconsider his previous motion. THE MOTION PREVAILED.

Representative Olin moved that HF 3775, 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 3429, the First Engrossment (Hansen): A bill for an act relating to waters; providing for administrative penalty orders; providing civil penalties; requiring an implementation plan; providing a rulemaking exemption; proposing coding for new law in Minnesota Statutes, chapter 103G.

Representative Bigham moved HF 3429 before the committee.

Representative Hansen presented his bill.

Testifying for the bill:
Jim Japs, Assistant Director, Division of Waters, Minnesota Department of Natural Resources

Representative Kohls moved to orally amend HF 3429 as follows:

Page 5, delete section 3.

THE MOTION DID NOT PREVAIL.

Representative Holberg requested a Division. On a vote of 10 Ayes and 7 Nays, THE MOTION PREVAILED.

Representative Bigham moved that HF 3429, 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 Emmer requested a Roll Call vote. The clerk took the roll and the results were as follows:

AYES NAYS EXCUSED
Mullery, Chair DeLaForest Hilstrom



Public Safety and Civil Justice Policy Committee
Minutes for Tuesday, March 11, 2008
Page 4



Bigham Emmer
Cornish Holberg
Johnson Kohls
Kalin Olin
Kranz Westrom
Lesch
Lillie
Paymar
Sailer
Simon


With a vote of 11 AYES, 6 NAYS, and 1 EXCUSED, the MOTION PREVAILED.

HF 3257 (Loeffler): A bill for an act relating to civil commitment; allowing persons facing civil commitment as sexually dangerous persons or sexual psychopathic personalities to choose to be confined in correctional facilities while the petition is being adjudicated; addressing the cost of care for persons facing civil commitment; addressing access to certain data by county attorneys on persons facing civil commitment; amending Minnesota Statutes 2006, sections 246.51, by
adding a subdivision; 253B.045, subdivisions 1, 2, by adding a subdivision; Minnesota Statutes 2007 Supplement, section 253B.185, subdivision 1b.

Representative Mullery moved HF 3257 before the committee.

Representative Mullery moved adoption of the DE3 amendment. THE MOTION PREVAILED.

Representative Loeffler presented her bill.

Testifying for the bill:
ÿ Keith Carlson, Executive Director, Minnesota Inter-County Association

Representative Holberg moved to orally amend the DE3 amendment as follows:

Page 3, delete section 4.

THE MOTION DID NOT PREVAIL.

John Kirwin, Assistant Hennepin Couny Attorney, responded to questions.

The meeting recessed at 2:05 P.M.
The meeting reconvened at 2:18 P.M. in Room 500N of the State Office Building.

Consideration of HF 3257 resumed.

Representative Simon moved adoption of the handwritten A99 amendment. THE MOTION PREVAILED.

Representative Mullery moved that HF 3257, 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 3690 (Kalin): A bill for an act relating to corrections; making technical corrections and amendments to certain youth correction, county jail, adult offender supervision, and fingerprinting provisions; changing date for annual report of Advisory Council on Interstate Adult Offender Supervision; amending Minnesota Statutes 2006, sections 241.301; 243.1606, subdivision 3; 609.117, subdivision 3; 641.09; 641.18; repealing Minnesota Statutes 2006, sections 242.193, subdivision 1; 242.39; 260B.241; 260C.207.

Public Safety and Civil Justice Policy Committee
Minutes for Tuesday, March 11, 2008
Page 5



Representative Kalin presented his bill and moved that HF 3690 be recommended to pass and when so passed be placed on the General Register.

Testifying for the bill:
Terry Carlson, Rush City Warden
Ken Merz, Minnesota Department of Corrections, Director of Administrative Services

Representative Kalin renewed his motion. THE MOTION PREVAILED.

Representative Kalin assumed the chair at 2:38 P.M.

HF 3342 (Bigham): A bill for an act relating to public safety; registration procedure for predatory offenders being released from a correctional facility and not going to a new primary address; clarifying sufficiency of notice for verification of a person’s address for the registration of predatory offenders; making further clarification that registration of predatory offenders applies to offenders who move to Minnesota from other states; requiring predatory offender registration database checks for persons booked at jails; providing criminal penalties; amending Minnesota Statutes 2006, sections 243.166, subdivisions 3a, 4; 243.167, subdivision 2; 641.05.

Representative Bigham presented her bill and moved that HF 3342 be recommended to pass and when so passed be placed on the General Register.

Testifying for the bill:
AnnMarie O’Neill, Senior State Program Administrator Supervisor, Minnesota Bureau of Criminal Apprehension

Representative Bigham renewed her motion. THE MOTION PREVAILED.

HF 3583 (Johnson): A bill for an act relating to public safety; modifying the retention of juvenile adjudication history; amending Minnesota Statutes 2006, section 299C.095, subdivisions 1, 2.

Representative Johnson presented his bill and moved to orally amend HF 3583 as follows:

Page 1, delete section 1.
Page 2, line 29, reinstate the stricken language
Page 2, lines 32 through 34, delete the new language

THE MOTION PREVAILED.

Testifying for the bill:
Julie LeTourneau Lackner, CJIS Manager, Minnesota Bureau of Criminal Apprehension

Representative Johnson moved that HF 3583, as amended, be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.

HF 3683 (Hilstrom): A bill for an act relating to public safety; providing for an e-charging service; requiring fingerprinting; amending Minnesota Statutes 2006, sections 13.871, by adding a subdivision; 299C.10, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 299C.

Representative Simon presented HF 3683 in Representative Hilstrom’s absence.

Testifying for the bill:
David Johnson, CriMNet Program Executive Director, Minnesota Bureau of Criminal Apprehension
Tom Miller, Business Analyst, Minnesota Bureau of Criminal Apprehension


Public Safety and Civil Justice Policy Committee
Minutes for Tuesday, March 11, 2008
Page 6




Representative Simon moved that HF 3683 be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.


The meeting adjourned at 3:10 P.M.



__________________________________________
Representative Joe Mullery, Chair


__________________________________________
Vickie Benson, Committee Legislative Assistant
More Info On This Meeting..
House TV Video:
View Archive

05:37 - Gavel, and discussion of HF2811 (Atkins) Board of Accountancy governing provisions modified.
09:26 - HF2911 (Atkins) Ticket sale and purchase offenses established.
14:28 - HF3397 (Atkins) Gambling expenditure restriction changes made, bingo games and prizes modified, and clarifying and technical changes made.
16:52 - HF3378 (Tillberry) Gambling device definition clarified, and gambling devices or components for shipment to other jurisdiction provisions repealed.
20:45 - HF3597 (Mullery) Sexual assault indictment limitations modified.
26:25 - HF3775 (Olin) Sexual assault victim protection law modified.
51:31 - HF3429 (Hansen) Administrative penalty orders provided, civil penalties provided, implementation plan required, and rulemaking exemption provided.
1:10:00 - HF3257 (Loeffler) Sexual offenders facing civil commitment allowed to choose to be confined in correctional facilities while petition is adjudicated, civil commitment cost addressed, and county attorney access to data addressed.
The committee went into recess.
Runs 1 hour, 26 minutes.
The audio of the continuation of this meeting is available on the House Public Safety and Civil Justice Committee's Audio Archives Web page: http://www.house.leg.state.mn.us/audio/archivescomm.asp?comm=6000&ls_year=85


HF2811 (Atkins) Board of Accountancy governing provisions modified;
HF2911 (Atkins) Establishing offenses involving the sale and purchase of event tickets;
HF3257 (Loeffler) Allowing persons facing civil commitment as sexually dangerous persons or sexual psychopathic personalities to choose to be confined in correctional facilities while the petition is being adjudicated; addressing the cost of care for persons facing civil commitment; addressing access to certain data by county attorneys on persons facing civil commitment;
HF3342 (Bigham) Registration procedure for predatory offenders being released from a correctional facility and not going to a new primary address; clarifying sufficiency of notice for verification of a person's address for the registration of predatory offenders; making further clarification that registration of predatory offenders applies to offenders who move to Minnesota from other states; requiring predatory offender registration database checks for persons booked at jails; providing criminal penalties;
HF3378 (Tillberry) Gambling device definition clarified, and gambling devices or components for shipment to other jurisdiction provisions repealed;
HF3397 (Atkins) Gambling expenditure restriction changes made, bingo games and prizes modified, and clarifying and technical changes made;
HF3429 (Hansen) Administrative penalty orders provided, civil penalties provided, implementation plan required, and rulemaking exemption provided;
HF3583 (Johnson) Modifying the retention of juvenile adjudication history;
HF3597 (Mullery) Sexual assault indictment limitations modified;
HF3683 (Hilstrom) E-charging service provided, and fingerprinting required;
HF3690 (Kalin) Youth correction, county jail, adult offender supervision and fingerprinting technical corrections and amendments made, and Advisory Council on Interstate Adult Offender Supervision annual report date changed;
HF3775 (Olin) Sexual assault victim protection law modified;
HF3866 (Hilty) Cumulative suspensions of drivers' licenses halted.

**HF3295 (Solberg)Has been removed from the agenda