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Public Safety and Civil Justice

THIRTY-EIGHTH MEETING

2007-2008 Regular Session - March 12, 2008

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

PUBLIC SAFETY AND CIVIL JUSTICE POLICY COMMITTEE


MINUTES


Representative Mullery, Chair, called the meeting to order at 10:12 A.M. on Wednesday, March 12, 2008, 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 3295, the First Engrossment (Solberg): A bill for an act relating to economic development; clarifying conflict of interest rules for local economic development authorities; providing criminal penalties; amending Minnesota Statutes 2006, section 469.098.

Representative Lillie moved HF 3295 before the committee.

Representative Solberg presented his bill.

Representative Lillie moved that HF 3295, the First Engrossment, be recommended to pass and when so passed be placed on the Consent Calendar. THE MOTION PREVAILED.

HF 3498 (Berns): A bill for an act relating to public safety; authorizing compensation for members of Firefighter Training and Education Board; amending Minnesota Statutes 2006, section 299N.02, subdivision 2.

Representative Kohls moved HF 3498 before the committee.

Representative Berns presented his bill.

Responding to questions on the bill:
Jerry Rosendahl, State Fire Marshall

Representative Kohls moved that HF 3498 be recommended to pass and when so passed be re-referred to the Committee on Finance. THE MOTION PREVAILED.

Public Safety and Civil Justice Policy Committee
Minutes of Wednesday, March 12, 2008
Page 2



HF 3374 (Bunn): A bill for an act relating to public safety; making certain emergency responders exempt from permit requirement for emergency communications equipment; amending Minnesota Statutes 2006, section 299C.37, subdivision 3.

Representative Kranz moved HF 3374 before the committee, and moved adoption of the DE1 amendment. THE MOTION PREVAILED.

Representative Bunn presented her bill.

Representative Kranz moved that HF 3374, as amended, be recommended to pass and when so passed be placed on the Consent Calendar. THE MOTION PREVAILED.

Representative Kalin assumed the chair at 10:28 A.M.

HF 3408 (Mullery): A bill for an act relating to public safety; changing the due date of the Gang and Drug Oversight Council's annual report to the legislature; amending Minnesota Statutes 2006, section 299A.641, subdivision 12.

Representative Mullery presented his bill.

Testifying for the bill:
David Voigt, Assistant State Attorney General

Representative Kohls moved to orally amend HF 3408 as follows:

Page 1, line 1.8, delete "15" and insert "1"

THE MOTION PREVAILED.

Representative Cornish moved that HF 3408, as amended, be recommended to pass and when so passed be placed on the Consent Calendar. THE MOTION PREVAILED.

HF 3441 (Bigham): A bill for an act relating to civil law; extending civil immunity to municipalities that donate public safety equipment; amending Minnesota Statutes 2006, section 466.03, by adding a subdivision.

Representative Bigham moved adoption of the A8 amendment. THE MOTION PREVAILED.

Representative Bigham moved that HF 3441, as amended, be recommended to pass and when so passed, be re-referred to the Committee on Local Government and Metropolitan Affairs. THE MOTION PREVAILED.

HF 3505 (Bigham): A bill for an act relating to public safety; prohibiting predatory offenders required to register from accessing and using social networking Web sites; amending Minnesota Statutes 2006, sections 243.166, subdivisions 1a, 4; 244.05, subdivision 6.

Representative Bigham moved that HF 3505 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.

Testifying for the bill:
Dave Voigt, Assistant State Attorney General

Representative Bigham renewed her motion. THE MOTION PREVAILED.


Public Safety and Civil Justice Policy Committee
Minutes of Wednesday, March 12, 2008
Page 3



HF 3503 (Nelson): A bill for an act relating to public safety; modifying provision relating to disability of peace officer or firefighter; amending Minnesota Statutes 2006, section 299A.465, subdivision 1.

Representative Simon moved HF 3503 before the committee and moved adoption of the A8 amendment.

HF 3503 was temporarily laid on the table to await the A8 amendment.

HF 3575 (Bigham): A bill for an act relating to pupil transportation; establishing qualifications for type III school bus drivers; providing criminal penalties; authorizing rulemaking; amending Minnesota Statutes 2006, sections 169.01, subdivision 75; 169.448, subdivision 1; 169A.03, subdivision 23; 171.02, by adding subdivisions; Minnesota Statutes 2007 Supplement, sections 169.443, subdivision 9; 171.02, subdivision 2; repealing Minnesota Statutes 2007 Supplement, section 171.02, subdivision 2a.

Representative Bigham moved adoption of the DE2 amendment. THE MOTION PREVAILED.

Testifying for the bill:
Ken Urquhairt, Director, Pupil Transportation, Minnesota Department of Public Safety; former director, Minnesota Police and Peace Officers Association
Michael Weidner, attorney, Twin City Transportation (company involved in Forest Lake accident)

Representative Mullery resumed the chair at 11:07 A.M.

Representative Bigham moved that HF 3575, as amended, be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.

HF 3503 was taken from the table.

Representative Simon moved adoption of the A8 amendment. THE MOTION PREVAILED.

Representative Simon moved adoption of the A1 handwritten amendment. THE MOTION PREVAILED.

Representative Simon moved that HF 3503, as amended, be recommended to pass and when so passed be placed on the General Register.

Representative Nelson presented his bill.

Testifying for the bill:
Bill Gillespie, Executive Director, Minnesota Police and Peace Officers Association

Representative Hilstrom renewed Representative Simon’s motion. THE MOTION PREVAILED.

HF 3564, the First Engrossment (Walker): A bill for an act relating to human services; amending child welfare provisions; changing a standard of evidence; changing the treatment of certain data; adopting a new Interstate Compact for the Placement of Children and repealing the old compact; regulating child and adult adoptions; directing the commissioner to adopt rules; amending Minnesota Statutes 2006, sections 13.02, subdivision 3a; etc.

Representative Sailer moved HF 3564 before the committee.


Public Safety and Civil Justice Policy Committee
Minutes of Wednesday, March 12, 2008
Page 4



Representative Sailer moved adoption of the A6 amendment. THE MOTION PREVAILED.

Representative Sailer moved adoption of the A7 amendment. THE MOTION PREVAILED.

Testifying for the bill:
Melinda Hugdahl, Legal Services Advocacy Project

Representative Sailer moved to orally amend HF 3564 as follows:

Page 10, line 17, delete the new language

The bill was temporarily laid over to await the correct engrossment of HF 3564.

HF 3928 (Olin): A bill for an act relating to legislation; correcting erroneous, ambiguous, and omitted text and obsolete references; eliminating certain redundant, conflicting, and superseded provisions; making miscellaneous technical corrections to statutes and other laws; amending Minnesota Statutes 2006, sections 13.202, subdivision 3; etc.

Representative Olin moved that HF 3928 be recommended to pass and when so passed be placed on the General Register.

Testifying for the bill:
Michele Timmons, Minnesota Revisor of Statutes

Representative Olin renewed his motion. THE MOTION PREVAILED.

HF 3531 (Olin): A bill for an act relating to crime; clarifying that registration time period of predatory offender restarts after conviction of a new crime; amending Minnesota Statutes 2006, section 243.166, subdivision 6.

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

Representative Olin moved that HF 3531, as amended, be recommended to pass and when so passed be placed on the General Register.

Testifying for the bill:
AnnMarie O’Neill, Predatory Offender Registration Unit, Minnesota Bureau of Criminal Apprehension

Representative Olin renewed his motion. THE MOTION PREVAILED.

Consideration of HF 3564, the First Engrossment, resumed.

Representative Sailer moved to orally amend HF 3564, the First Engrossment, as follows:

Page 10, line 17, delete the new language.

THE MOTION PREVAILED.

Testifying for the bill:
Christeen Borsheim, Manager, Minnesota Department of Human Services
Sally Fashant, Manager, Minnesota Department of Human Services


Public Safety and Civil Justice Policy Committee
Minutes of Wednesday, March 12, 2008
Page 5



Representative Holberg moved to orally amend HF 3564, the First Engrossment, as follows:

Page 62, delete Article 2.

THE MOTION PREVAILED.

Representative Sailer moved that HF 3564, the First Engrossment, as amended, be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.

HF 3448 (Tingelstad): A bill for an act relating to children; regulating gestational carrier arrangements; proposing coding for new law in Minnesota Statutes, chapter 257.

Representative Hilstrom moved HF 3448 before the committee.

Representative Hilstrom moved that HF 3448 be recommended to pass and when so passed be placed on the General Register.

Representative Tingelstad presented her bill.

Testifying for the bill:
Steve Snyder, attorney; RESOLVE; Family Law Section Member, Minnesota State Bar Association; Chair, Genetic & Reproductive Technical Committee, American Bar Association
Daonna Depoister, Advocacy Chair, RESOLVE

Testifying against the bill:
Tom Pritchard, Minnesota Family Council
Curtis Herbert, attorney

Representative Hilstrom renewed her motion.

Representative Emmer requested a Roll Call vote. The clerk called the roll and the results were as follows:

AYES NAYS ABSTAIN
Mullery, Chair Cornish Westrom
Kalin, Vice Chr DeLaForest
Bigham Emmer
Hilstrom Holberg
Johnson
Kranz
Paymar
Sailer
Simon


On a vote of 9 AYES, 4 NAYS, and 1 ABSTENTION, the MOTION PREVAILED.

HF 3449 (Tingelstad): A bill for an act relating to assisted reproduction; changing certain regulations; amending Minnesota Statutes 2006, section 257.56.

Representative Hilstrom moved HF 3449 before the committee.

Representative Tingelstad presented her bill.

Public Safety and Civil Justice Policy Committee
Minutes of Wednesday, March 12, 2008
Page 6



Testifying for the bill:
Steve Snyder, attorney; RESOLVE; Family Law Section Member, Minnesota State Bar Association; Chair, Genetic & Reproductive Technical Committee, American Bar Association

Testifying against the bill:
Curtis Herbert, attorney
Tom Pritchard, Minnesota Family Council

HF 3449 was laid on the table.

The meeting adjourned at 12:40 P.M.


__________________________________________
Representative Joe Mullery, Chair


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

HF3295 (Solberg) Conflict of interest rules clarified for local economic development authorities;
HF3374 (Bunn) Emergency responders exempted from permit requirement for emergency communication equipment;
HF3408 (Mullery) Changing the due date of the Gang and Drug Oversight Council's annual report to the legislature;
HF3448 (Tingelstad) Regulating gestational carrier arrangements;
HF3449 (Tingelstad) A bill for an act relating to assisted reproduction; changing certain regulations;
HF3498 (Berns) Firefighter Training and Education Board member compensation authorized;
HF3503 (Nelson) Peace officer or firefighter disability provision modified;
HF3505 (Bigham) Predatory offenders required to register prohibited from accessing and using social networking Web sites;
HF3531 (Olin) Predatory offender registration time period clarified to restart after conviction of a new crime;
HF3564 (Walker) Child welfare and child support provisions amended, new Interstate Compact for the Placement of Children adopted, old compact repealed, and child and adult adoptions regulated;
HF3575 (Bigham) School bus driver type III qualifications established, penalties provided, and rulemaking authorized;
HF3866 (Hilty) Cumulative suspensions of drivers' licenses halted.
HF3928 (Olin) Revisor's bill correcting erroneous, ambiguous, and omitted text and obsolete references; and making technical corrections.

HF3441 (Bigham) Has been removed from the agenda.