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Public Safety and Civil Justice

TWENTY-SEVENTH MEETING

2007-2008 Regular Session - Thursday, February 14, 2008

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

PUBLIC SAFETY AND CIVIL JUSTICE COMMITTEE

MINUTES


Representative Mullery, Chair of the Committee, called the meeting to order at 12:40 P.M. on February 14, 2008, in Room 10 of the State Office Building.

The Committee Legislative Assistant noted the roll.

Members present:

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


A quorum was present.

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.

(Note: Pursuant to Rule 4.20 of the Permanent Rules of the House, HF 117 was returned to the Public Safety and Civil Justice Policy Committee upon adjournment of the 2007 legislature.)

Representative Bigham moved HF 117 before the committee.

Representative Thissen presented his bill.

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

Representative Bigham moved that HF 117, as amended, be recommended to pass, and when so passed, be placed on the General Register. THE MOTION PREVAILED.

HF 1130 (Nelson): A bill for an act relating to crimes; making it a crime to falsely report police misconduct to an attorney or other person whose responsibilities include investigating or reporting police misconduct; prescribing penalties; amending Minnesota Statutes 2006, section 609.505, subdivision 2.

(Note: HF 1130, as amended by the Committee in 2007, was laid over for possible inclusion in the Public Safety and Civil Justice Policy Committee omnibus bill in 2007.)

Public Safety and Civil Justice Policy Committee
Minutes for Thursday, February 14, 2008
Page 2



Representative Bigham moved HF 1130 be taken from the table. THE MOTION PREVAILED.

Representative Nelson presented his bill.

Representative Bigham moved adoption of the A3 amendment.

Testifying for the bill:
ÿ Cassandra O'Hern, Director of Internal Affairs, Minnesota Department of Public Safety

Representative Bigham renewed her motion to adopt the A3 amendment. THE MOTION PREVAILED.

Representative Bigham moved that HF 1130, as amended, be recommended to pass, and when so passed, be placed on the General Register. THE MOTION PREVAILED.

HF 1306 (Holberg): A bill for an act relating to data practices; regulating business screening services; providing civil penalties; proposing coding for new law in Minnesota Statutes, chapter 332.

(Note: Pursuant to Rule 4.20 of the Permanent Rules of the House, HF 1306 was returned to the Public Safety and Civil Justice Policy Committee upon adjournment of the 2007 legislature.)

Representative Holberg requested the bill be laid on the table. Without objection the bill was laid on the table.

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.

(Note: Pursuant to Rule 4.20 of the Permanent Rules of the House, HF 1595 was returned to the Public Safety and Civil Justice Policy Committee upon adjournment of the 2007 legislature.)

Representative Simon moved HF 1595 before the committee

Representative Simon moved that HF 1595 be recommended to pass, and when so passed, be placed on the General Register.

Representative Swails presented her bill.

Testifying for the bill:
Fred Jacobberger, attorney, Bloomington
Nancy Cameron, homeowner, Shoreview

Representative Simon renewed his motion. THE MOTION PREVAILED.

HF 1948 (Hilstrom): A bill for an act relating to public defense; providing for public defender representation for juveniles, children in need of protection, and other persons; amending Minnesota Statutes 2006, sections 260C.163, subdivision 3; 260C.331, subdivision 3; 611.14; 611.16; 611.18.

(Note: Pursuant to Rule 4.20 of the Permanent Rules of the House, HF 1948 was returned to the Public Safety and Civil Justice Policy Committee upon adjournment of the 2007 legislature.)

Representative Hilstrom presented her bill.

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

Public Safety and Civil Justice Policy Committee
Minutes for Thursday, February 14, 2008
Page 3


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

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 2717 (Kalin): A bill for an act relating to public safety; authorizing disbursement of minimum fines for controlled substance offenses to juvenile substance abuse programs; amending Minnesota Statutes 2006, section 609.101, subdivision 3.

Representative Kalin presented his bill.

Representative Kalin moved that HF 2717 be recommended to pass, and when so passed, be placed on the General Register.

Testifying for the bill:
Steven Paquay, Court Services Director, Chisago County
Janet Reiter, Chisago County Attorney

Representative Kalin renewed his motion. THE MOTION PREVAILED.

SF 100 (Cohen)/HF 34 (Kahn): A bill for an act relating to health; establishing state policy for stem cell research; providing criminal penalties; proposing coding for new law in Minnesota Statutes, chapters 137; 145.

Representative Bigham moved SF 100 before the committee.

Representative Kahn presented SF 100.

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

Representative Bigham moved that SF 100, as amended, be recommended to pass, and when so passed, be placed on the General Register.

Representative Holberg requested a roll call vote.

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


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


On a vote of 11 AYES and 8 NAYS the MOTION PREVAILED.

HF 1825 (Kahn): A bill for an act relating to health; increasing the penalty for smoking in a nonsmoking hotel room; providing for civil and criminal penalties; amending Minnesota Statutes 2006, section 327.742, subdivisions 2, 3, by adding subdivisions.

Public Safety and Civil Justice Policy Committee
Minutes for Thursday, February 14, 2008
Page 4



Representative Bigham moved HF 1825 before the committee.

Representative Kahn presented her bill.

Testifying for the bill:
David Segal, Minnesota Hospitality
Mike Woitas, Country Inn Suites, Albert Lea

Representative Bigham moved to orally amend HF 1825 as follows:

Page 1, line 1.9, after "costs" insert:

", not including any loss of income incurred as a result of the room being vacant during the restoration"

Page 1, line 1.14, delete "retailer" and insert “innkeeper"

Page 1, line 1.15, after “condition" insert:

“, not including any loss of income incurred as a result of the room being vacant during the restoration"

Representative Bigham moved that HF 1825, as amended, be recommended to pass, and when so passed, be placed on the General Register. After a voice vote, Representative Westrom requested a Division. There being 9 AYES and 8 NAYS the MOTION PREVAILED.

The meeting was adjourned at 2 P.M.


REP., CHAIR


Committee Legislative Assistant
More Info On This Meeting..

*SF100 (Cohen) Establishing state policy for stem cell research; providing criminal penalties;
*HF117 (Thissen) Personal jurisdiction over foreign corporations and nonresident individuals modified;
*HF1130 (Nelson) Making it a crime to falsely report police misconduct to an attorney or other person whose responsibilities include investigating or reporting police misconduct; prescribing penalties;
*HF1306 (Holberg) Regulating business screening agencies; providing civil penalties;
*HF1595 (Swails) Statutory housing warranties recovery for breaches regulated;
HF1825 (Kahn) Increasing the penalty for smoking in a nonsmoking hotel room; providing for civil and criminal penalties;
*HF1948 (Hilstrom) Public defender representation provided for juveniles, children in need of protection, and other persons;
HF2717 (Kalin) Authorizing disbursement of minimum fines for controlled substance offenses to juvenile substance abuse court programs.

* Bills marked were passed after full hearings in the 2007 session and returned to the committee at the end of session. The committee intends to limit itself to taking procedural action to return these bills to the General Register.

*HF999 (Mahoney) and *HF1230 (Nelson) have been removed from the agenda.