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Public Safety and Civil Justice

THIRTY-SECOND MEETING

2007-2008 Regular Session - February 28, 2008

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

PUBLIC SAFETY AND CIVIL JUSTICE POLICY COMMITTEE


MINUTES


Representative Mullery, Chair, called the meeting to order at 1:50 P.M. on Thursday, February 28, 2008, in Room 10 of the State Office Building.

The Committee Legislative Assistant noted the roll.

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


A quorum was present.


Representative Smith moved approval of the Minutes for February 26, 2008, and February 27, 2008. THE MOTION PREVAILED AND THE MINUTES WERE APPROVED.

HF2989 (Paymar): A bill for an act relating to insurance; regulating claim denials under aviation liability coverage; amending Minnesota Statutes 2006, section 60A.081, subdivision 1; Minnesota Statutes 2007 Supplement, section 360.59, subdivision 10.

Representative Kalin assumed the chair at 1:52 P.M.

Representative Paymar presented his bill and moved that HF 2989 be recommended to pass, and when so passed, be placed on the General Register.

Testifying for the bill:
Toby Pearson, whose wife and children were involved in a plane crash in 2003
John Kavanaugh, Cook Hill Girard and Associates, representing airline pilots

Representative renewed his motion. THE MOTION PREVAILED.

HF 2627 (Hilstrom): A bill for an act relating to public nuisance; making changes to public nuisance law affecting evidentiary thresholds and numbers of triggering incidents required for specific offenses; amending Minnesota Statutes 2006, section 617.81, subdivision 2.

Representative Hilstrom presented her bill and moved that HF 2627 be recommended to pass, and when so passed, be placed on the General Register.

Testifying for the bill:
Mark Wiegel, Minnesota Police and Peace Officers Association; St. Paul Police Department

Representative Hilstrom renewed her motion. THE MOTION PREVAILED.

Public Safety and Civil Justice Policy Committee
Minutes for Thursday, February 28, 2008
Page 2


HF 3228 (Paymar): A bill for an act relating to crime; modifying trespassing on critical public service property; amending Minnesota Statutes 2006, section 609.6055, subdivision 2.

Representative Paymar presented his bill.

Representative Paymar moved the DE1 amendment. THE MOTION PREVAILED.

Testifying for the bill:
Commander Dan Anderson, St. Paul Police Department
Mark Mullen, Senior Security Consultant, Xcel Energy

Representative Paymar moved that HF 3228, as amended, be recommended to pass, and when so passed, be placed on the General Register. THE MOTION PREVAILED.

HF 3175 (Benson): A bill for an act relating to public safety; increasing penalty for attempted robbery; creating the crime of robbery involving a motor vehicle; amending Minnesota Statutes 2006, sections 609.24; 609.245; proposing coding for new law in Minnesota Statutes, chapter 609.

Representative Olin moved HF 3175 before the committee.

Representative Benson presented his bill.

Testifying for the bill:
Monica McIntosh, victim of attempted carjacking
David Brown, Assistant Hennepin County Attorney

Representative Olin moved that HF 3175 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.

Representative Mullery resumed the chair at 2:38 P.M.

HF 1262 (Mahoney): A bill for an act relating to family law; creating a presumption of joint physical custody; requiring the use of parenting plans in certain cases; modifying custody designations for parenting plans that use alternative terminology; amending Minnesota Statutes 2006, sections 518.003, subdivision 3; 518.17, subdivisions 1, 2; 518.1705, subdivisions 3, 4.

Representative Paymar moved HF 1262 before the committee.

Representative Mahoney presented his bill.

Testifying for the bill:
Molly Olson, Volunteer, Little Canada, Center for Parental Responsibility
Joe Field, Family Law Attorney

Testifying against the bill:
Liz Richards, Minnesota Coalition for Battered Women
Melinda Hugdahl, Legal Services Advocacy Project
Jill Olson, Staff Attorney, Child Enforcement Division, Minnesota Department of Human Services

Representative Paymar moved adoption of the DE1 amendment.

Representative Paymar moved to orally amend the DE1 amendment as follows:

Page 1, line 12, delete "February" and insert "January"

THE MOTION PREVAILED.

Public Safety and Civil Justice Policy Committee
Minutes for Thursday, February 28, 2008
Page 3



Representative amended his previous motion to adopt the DE1 amendment as orally amended. THE MOTION PREVAILED.

Representative Paymar moved that HF 1262, 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 3331 (Simon): A bill for an act relating to public safety; adding the definitions of retail property and retail establishment under theft; creating new penalties for retail theft and possession or use of shoplifting gear; amending Minnesota Statutes 2006, sections 609.52, subdivisions 1, 2, by adding a subdivision; 609.521; Minnesota Statutes 2007 Supplement, section 609.52, subdivision 3.

Representative Simon presented his bill.

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

Testifying for the bill:
Mike Ward, Attorney, Target Corporation
David Brown, Assistant Hennepin County Attorney
Veid Muiznieks, Chief of Police, City of Newport
Buzz Anderson, Minnesota Retailers Association
Jamie Pfull, Minnesota Grocers Association

Representative Simon moved that HF 3331, as amended, be recommended to pass, and when so passed, be re-referred to the Committee on Finance. THE MOTION PREVAILED.


The meeting adjourned at 3:40 P.M.


__________________________________________
Representative Joe Mullery, Chair


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

HF1213 (Clark) Drug free and prostitution free zones expanded, pilot project funding provided for Minneapolis and St. Paul, and money appropriated.
HF1262 (Mahoney) Joint physical custody presumption created, parenting plans required in certain cases, and custody designations modified for parenting plans that use alternative terminology;
HF2627 (Hilstrom) Making changes to public nuisance law affecting evidentiary thresholds and numbers of triggering incidents required for specific offenses;
HF2898 (Paymar) Regulating claim denials under aviation liability coverage;
HF3175 (Benson) Attempted robbery penalty increased, robbery involving a motor vehicle crime created;
HF3228 (Paymar) Modifying trespassing on critical public service property;
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;
HF3331 (Simon) Retail property and retail establishment under theft definitions added, and new penalties created.

HF2811 (Atkins) and HF2911 (Atkins) have been removed from the agenda.