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Public Safety and Civil Justice

THIRTY-NINTH MEETING

2007-2008 Regular Session - March 13, 2008

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

PUBLIC SAFETY AND CIVIL JUSTICE POLICY COMMITTEE


MINUTES


Representative Kalin, Vice-Chair, called the meeting to order at 1 P.M. on Thursday, March 13, 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 2095, the First Engrossment (Eastlund): A bill for an act relating to veterans; broadening the eligibility criteria for peace officer reciprocity licensing exam to include certain persons in active military service; amending Minnesota Statutes 2006, section 626.8517.

Representative Kalin moved HF 2095 before the committee.

Representative Eastlund presented his bill.

Representative Kalin moved that HF 2095, the First Engrossment, be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.

HF 2967 (Hortman): A bill for an act relating to traffic regulations; providing for trailer brakes; imposing penalties for forging or possessing false commercial motor vehicle inspection decal; providing that officer may require weighing and inspection of truck weighing more than 10,000 pounds; amending Minnesota Statutes 2006, sections 169.67, subdivision 3; 169.781, subdivision 5; 169.85, subdivision 1.

Representative Kalin moved HF 2967 before the committee.

Representative Hortman presented her bill.

Testifying for the bill:
Captain Ken Urquhairt, Minnesota State Patrol

Representative Kalin moved that HF 2967 be recommended to pass and when so passed be re-referred to the Committee on Finance, with the further recommendation that the bill


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Minutes of Thursday, March 13, 2008
Page 2



be re-referred to the Public Safety and Civil Justice Finance Division. THE MOTION PREVAILED.

HF 2970, the First Engrossment (Drazkowski): A bill for an act relating to traffic regulations; requiring motorists to move to far left of roadway before passing road maintenance workers; amending Minnesota Statutes 2006, section 169.18, subdivision 1, by adding a subdivision.

Representative Kohls moved HF 2970 before the committee.

Representative Drazkowski presented his bill.

Representative Kohls moved to orally amend HF 2970 as follows:

Page 1, line 19, before "road" insert "freeway service patrol or"

THE MOTION PREVAILED.

Representative Kohls moved that HF 2970, the First Engrossment, as amended, be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.

HF 3995 (Mullery): A bill for an act relating to public safety; creating a gross misdemeanor for assaulting a utility employee or contractor; amending Minnesota Statutes 2006, section 609.2231, by adding a subdivision.

Representative Mullery moved that HF 3995 be recommended to pass and when so passed be placed on the General Register.

Testifying for the bill:
Tim Lovaason, President, Communication Workers of America State Council

Representative Kohls moved that HF 3995 be recommended to pass and when so passed be re-referred to the Committee on Finance. THE MOTION DID NOT PREVAIL.

Representative Mullery renewed his motion. THE MOTION PREVAILED.

Representative Mullery assumed the chair at 1:22 P.M.

HF 699 (Nornes): A bill for an act relating to public safety; lowering the age of adult certification for juveniles; defining a violent juvenile offense; amending Minnesota Statutes 2006, sections 260B.007, by adding a subdivision; 260B.125, subdivision 1; 260B.130, subdivision 1; 260B.141, subdivision 4; 609.055.

Representative Kohls moved HF 699 before the committee.

Representative Kohls moved adoption of the A3 amendment. THE MOTION PREVAILED.

Representative Nornes and Representative Westrom presented the bill.

Testifying for the bill:
Lynn and Travis Johnson, parents of Emily Johnson (victim)

Testifying against the bill:
Doug Johnson, Washington County Attorney; Co-Chair, County Attorneys Association, Juvenile Division
Calvin Saari, Legislative Liaison, Minnesota Corrections Association
Sue Fust, Developmental Psychologist
John Stuart, State Public Defender


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Representative Kohls moved that HF 699, as amended, be recommended to pass and when so passed be re-referred to the Committee on Finance.

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

AYE NAY
Bigham Mullery, Chair
Cornish Johnson
DeLaForesst Kalin
Hilstrom Lesch
Holberg Paymar
Kohls Sailer
Kranz
Lillie
Olin
Simon
Smith
Westrom

On a vote of 12 AYES and 6 NAYS, the MOTION PREVAILED.

The meeting recessed at 2:05 P.M.
The meeting reconvened in Room 500S of the State Office Building at 2:35 P.M.

HF 498 (Cornish): A bill for an act relating to public safety; clarifying law on use of force in defense of home and person; codifying and extending Minnesota's self-defense and defense of home laws; eliminating the common law duty to retreat in cases of self defense outside the home; expanding the boundaries of dwelling; creating a presumption in the case of a person entering a dwelling or occupied vehicle by force; extending the rights available to a person in his or her dwelling to a person defending against entry of his or her occupied vehicle; amending Minnesota Statutes 2006, section 609.065.

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

Representative Cornish moved that HF 498, as amended, be recommended to pass and when so passed be placed on the General Register.

Testifying for the bill:
David Gross, private attorney; Gun Owner’s Civil Rights Alliance

Testifying against the bill:
Doug Johnson, Washington County Attorney’s Office; Minnesota County Attorneys Association
Bill Gillespie, Minnesota Police and Peace Officers Association
Scott Knight, Chaska Police Chief
Jerry Huettl, Director, Department of Public Safety, City of Mankato
Commander Tim Flynn, Gang and Gun Unit, St. Paul Police Department
Vivian Jenkins Nelson, President, Minnesota League of Women Voters

Representative Cornish renewed his motion

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


AYES NAYS EXCUSED
Cornish Mullery, Chair Sailer
DeLaForest Bigham
Emmer Hilstrom


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Holberg Johnson
Kalin Kranz
Kohls Lesch
Olin Lillie
Smith Paymar
Westrom Simon


On a vote of 9 AYES, 9 NAYS, and 1 EXCUSED, the MOTION DID NOT PREVAIL.

HF 3161, Committee Engrossment (Bigham): A bill for an act relating to veterans; providing for a current listing of deceased Minnesota military personnel; proposing coding for new law in Minnesota Statutes, chapter 197.

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

Representative Bigham moved that HF 3161, the Committee Engrossment, as amended, be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.

HF 3101 (Bigham): A bill for an act relating to public safety; increasing the criminal penalty for certain domestic abuse no contact order violations; amending Minnesota Statutes 2007 Supplement, section 518B.01, subdivision 22.

Representative Bigham moved that HF 3101 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:
Doug Johnson, Washington County Attorney’s Office
William Hutton, Washington County Sheriff’s Department

Representative Westrom moved adoption of the A1 amendment. THE MOTION DID NOT PREVAIL.

Representative Bigham renewed her motion. THE MOTION PREVAILED.

HF 3974 (Dominguez): A bill for an act relating to public safety; authorizing the continuation of the domestic fatality review team; amending Laws 1999, chapter 216, article 2, section 27, subdivisions 1, as amended, 4; repealing Laws 2002, chapter 266, section 1, as amended.

Chair Mullery moved HF 3974 before the committee.

Representative Dominguez presented his bill.

Testifying for the bill:
Deena Anders, Project Coordinator, Fatality Review Team

Chair Mullery moved that HF 3974 be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.

HF 3793, the First Engrossment (Davnie): A bill for an act relating to education; clarifying a student policy on cooperating and providing educators with information about school maters; amending Minnesota Statutes 2006, section 121A.55.

Chair Mullery moved HF 3793 before the committee.

Chair Mullery moved adoption of the A3 amendment. THE MOTION PREVAILED.

Representative Davnie presented his bill.

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Testifying for the bill:
Roger Aronson, attorney

Testifying against the bill:
Rich Neumeister, private citizen

Chair Mullery moved that HF 3793, as amended, be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.

HF 3367, the First Engrossment (Pelowski): A bill for an act relating to data practices; modifying provisions of the open meeting law; providing for attorney fees; amending Minnesota Statutes 2006, sections 13D.05, subdivision 1; 13D.06, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 13D.

Representative Kohls moved HF 3367 before the committee.

Representative Pelowski presented his bill.

Testifying for the bill:
Mark Anfinson, Minnesota Newspaper Association

Representative Hilstrom moved to orally amend HF 3367, the First Engrossment, as follows:

Page 2, line 5, reinstate the stricken language

THE MOTION PREVAILED.

Representative Kohls moved that HF 3367, the First Engrossment, as amended, be
recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.

HF 3456 (Tschumper): A bill for an act relating to emergency management; authorizing interstate assistance by local governments; proposing coding for new law in Minnesota Statutes, chapter 192.

Chair Mullery moved HF 3456 before the committee.

Representative Tschumper presented his bill.

Chair Mullery moved that HF 3456 be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.

HF 2955, the First Engrossment (Simon): A bill for an act relating to education; amending school background check requirements; amending Minnesota Statutes 2006, section 123B.03, subdivision 3, by adding a subdivision.

Representative Simon presented his bill.

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

Testifying for the bill:
Valerie Dosland, Metropolitan Association of School Administrators
Annie Doughty, Executive Director, Human Resources, Wayzata Public Schools

Testifying against the bill:
Rich Neumeister, private citizen


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HF 2955 was temporarily laid on the table to await a "clean" version of the amendment suggested by Mr. Neumeister.

HF 3396 (Simon): A bill for an act relating to civil commitments; modifying and clarifying time requirements for hearings; providing an exception from prehearing discharge for commitment petitions involving persons alleged to be mentally ill and dangerous or a sexual psychopathic personality or sexually dangerous person; amending Minnesota Statutes 2006, section 253B.08, subdivision 1.

Representative Simon moved that HF 3396 be recommended to pass and when so passed be placed on the General Register.

Testifying for the bill:
John Kirwin, Assistant Hennepin County Attorney

Representative Simon renewed his motion. THE MOTION PREVAILED.

The meeting recessed at 4:35 P.M.
The meeting was reconvened at 4:52 P.M. by Representative Kalin, Vice-Chair

HF 3670 (Mullery): A bill for an act relating to public safety; requiring screening of certain defendants in criminal cases for posttraumatic stress disorder; authorizing mitigated dispositions for certain offenders suffering from posttraumatic stress disorder who receive treatment; requiring legislative reports and the collection of summary data; requiring the preparation and distribution of an informational pamphlet; proposing coding for new law in Minnesota Statutes, chapter 609.

Representative Mullery moved adoption of the “HC-1" amendment. THE MOTION PREVAILED.

Testifying for the bill:
Brock Hunter, Legislative Chair, Minnesota Association of Criminal Defense Lawyers
Dave Brown, Assistant Hennepin County Attorney

Representative Kalin moved to orally amend the HC-1 amendment as follows:

Page 1, delete section 2

THE MOTION PREVAILED.

Representative Mullery moved that HF 3670, as amended, be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.

HF 2955 was taken from the table.

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

Representative Kohls moved to orally amend HF 2995, the First Engrossment, as follows:

Page 2, lines 16 and 20, delete “by a third-party contractor"

THE MOTION PREVAILED.

Representative Simon moved that HF 2995, the First Engrossment, as amended, be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.

HF 3301 (Kalin): A bill for an act relating to transportation; modifying provisions related to design-build project requests for proposals, scoring, project awards, protests, and stipulated fees;

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modifying provisions relating to Technical Review Committee; amending Minnesota Statutes 2006, sections 13.72, subdivision 11; 161.3420, subdivisions 2, 3, 4; 161.3422; 161.3426, subdivisions 1, 3, 4; repealing Minnesota Statutes 2006, section 161.3426, subdivision 2.

Representative Kalin moved that HF 3301 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 3767 (Olin): A bill for an act relating to public safety; permitting written verification of predatory offender residence in another state; amending Minnesota Statutes 2006, section 243.166, subdivision 3.

Representative Olin moved that HF 3767 be recommended to pass and when so passed be placed on the General Register.

Responding to questions from the committee:
Sherry Cook, Predatory Offender Investigation Unit, Minnesota Bureau of Criminal Apprehension

Representative Olin renewed his motion. THE MOTION PREVAILED.

HF 3281, the First Engrossment (Dill): A bill for an act relating to natural resources; modifying snowmobile training provisions; amending Minnesota Statutes 2006, section 84.862, by adding a subdivision.

Representative Kalin moved HF 3281 before the committee.

Representative Dill presented his bill.

Representative Kalin moved that HF 3281, the First Engrossment, be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.

SF 2379 (Dill): A bill for an act relating to eminent domain; amending provisions concerning reestablishment costs limit; amending Minnesota Statutes 2006, sections 117.51; 117.52, subdivision 1a.

Representative Kohls moved SF 2379 before the committee.

Representative Dill presented his bill.

Representative Kohls moved that SF 2379 be recommended to pass and when so passed be placed on the Consent Calendar. THE MOTION PREVAILED.

HF 2460, the First Engrossment (Dill): A bill for an act relating to drivers’ licenses; imposing additional eligibility requirements to operate motor vehicles pursuant to provisional driver’s license; imposing a penalty; amending Minnesota Statutes 2006, section 171.055.

Representative Olin moved HF 2460 before the committee.

Representative Dill presented his bill.

Representative Olin moved to orally amend HF 2460, the First Engrossment, as follows:

Page 1, line 18, delete “40" and insert “30" and delete “ten" and insert “six"

THE MOTION PREVAILED.

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Representative Olin moved that HF 2460, the First Engrossment, as amended, be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.

HF 2628 (Norton): A bill for an act relating to drivers’ licenses; modifying requirements for holder of provisional driver’s license; amending Minnesota Statutes 2006, section 171.055, subdivision 2.

Representative Bigham moved HF 2628 before the committee.

Representative Norton presented her bill.

Representative Kalin moved to orally amend HF 2628 as follows:

Page 2, line 17, delete “the day following final enactment" and insert “August 1, 2008"

THE MOTION PREVAILED.

Testifying for the bill:
Gail Weinholzer, Public Affairs Director, AAA
Nancy Johnson, Minnesotans for Safe Driving

Representative Kalin moved to orally amend HF 2628 as follows:

Page 1, line 23, delete everything after the period
Page 1, delete line 24
Page 2, delete lines 2 and 3

THE MOTION DID NOT PREVAIL.

Chair Mullery laid the bill over.

The meeting recessed at 5:55 P.M.
The meeting reconvened at 6 P.M.

Representative Kalin assumed the chair.

Consideration of HF 2628 resumed.

Representative Bigham moved that HF 2628, as amended, be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.

HF 3900 (Mullery): A bill for an act relating to public safety; providing for increased penalties for certain misdemeanors; amending Minnesota Statutes 2006, section 609.153, subdivisions 1, 3.

Representative Mullery moved that HF 3900 be recommended to pass and when so passed be placed on the General Register.

Representative Olin amended Representative Mullery’s original motion to recommend that HF 3900 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.


The meeting adjourned at 6:22 P.M.


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__________________________________________
Representative Joe Mullery, Chair


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

HF2095 (Eastlund) Peace officer reciprocity licensing exam eligibility criteria modified to include persons in active military service;
SF2379 (Dill) Reestablishment cost limit provisions amended;
HF2460 (Dill) Provisional driver's license additional training requirements specified, and criminal penalty imposed for falsifying requirements;
HF2628 (Norton) Provisional driver's license requirements modified;
HF2955 (Simon) School background check requirements modified;
HF2967 (Hortman) Trailer brake motor vehicle weight limit modified, and penalties imposed for forging or possessing false commercial motor vehicle inspection decals;
HF2970 (Drazkowski) Motorists required to move to far left of roadway before passing road maintenance workers;
HF3101 (Bigham) Domestic abuse no contact order violations criminal penalty increased;
HF3161 (Bigham) Minnesota deceased military personnel current listing provided;
HF699 (Nornes) Adult certification for juvenile violent offenses lowered to age 13;
HF3281 (Dill) Snowmobile training provisions modified;
HF3301 (Kalin) Transportation construction project disclosure and proposal provision requirements changed, Technical Review Committee compensation required, and design-build request provisions modified;
HF3302 (Atkins) Public meeting written material protection provided;
HF3367 (Pelowski) Relating to data practices; specifying access to disputed data; requiring closed meetings to be recorded; granting attorney fees in certain cases;
HF3396 (Simon) Hearing time requirements modified and clarified, prehearing discharge exception provided for commitment petitions involving mentally ill or sexually dangerous persons;
HF3456 (Tschumper) Local government interstate assistance authorized for emergency services;
HF3726 (Hornstein) Wireless communication devices limited while operating motor vehicles;
HF3767 (Olin) Predatory offender written verification permitted for residence in another state;
HF3670 (Mullery) Posttraumatic stress disorder criminal case defendant screening required, mitigated dispositions authorized for offenders who receive treatment, legislative report and collection of summary data required, and information pamphlet required;
HF3787 (Simon) Civil investigative and licensing data governing provisions modified;
HF3793 (Davnie) Student cooperation with educators policy clarified;
HF3974 (Dominguez) Domestic fatality review team continuation authorized;
HF3900 (Mullery) Misdemeanor penalty increase provided;
HF3995 (Mullery) Creating a gross misdemeanor for assaulting a utility employee or contractor;
HF498 (Cornish) Self-defense; use of force in defense of home and person laws clarified, self-defense and defense of home laws extended and codified, and common law duty to retreat eliminated.

HF3521 (Loeffler), HF3553 (Simon), HF3827(Morrow) and HF3866 (Hilty) have been removed from the agenda.