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Public Safety Policy and Oversight

TWENTY-FOURTH MEETING

2009-2010 Regular Session - March 26, 2009

STATE OF MINNESOTA TWENTY-FOURTH MEETING
HOUSE OF REPRESENTATIVES EIGHTY-SIXTH SESSION

PUBLIC SAFETY POLICY & OVERSIGHT COMMITTEE

MINUTES


Debra Hilstrom, Chair of the Public Safety Policy & Oversight Committee, started the twenty-fourth meeting of the House Public Safety Policy & Oversight Committee at 12:50 pm on Thursday, March 26, 2009 in Room 10 of the of the State Office Building.

The Committee Legislative Assistant noted the roll.

Members Present:

HILSTROM, Debra, Chair
BIGHAM, Karla, Vice-Chair
ANDERSON, Bruce
CORNISH, Tony
DRAZKOWSKI, Steve
JOHNSON, Sheldon
KATH, Kory
KELLY, Tim
KULICK JACKSON, Gail
KOHLS, Paul
LESCH, John
MASIN, Sandra
MULLERY, Joe
OLIN, Dave
PAYMAR, Michael
ROSENTHAL, Paul
SHIMANSKI, Ron


Agenda:

HF1543 (Slawik): Family day care background checks required, and criminal history data access allowed.

Rep. Slawik presented HF1543, described the H1543A1 amendment.

Jerry Kerber, Minnesota Department of Human Services, testified on behalf of HF1543 and took questions from the committee.

Chair Hilstrom laid HF1543 over.

HF1962 (Kohls): Juvenile petty offender parents allowed probation supervisory duties.

Rep. Kohls presented HF1962 and took questions from the committee.

Kohls described the following oral amendment:
Page 2, line 21, strike "shall" and insert "may"

Chair Hilstrom laid over HF1962.

Vice- Chair Bigham assumed the gavel at 1:00pm.

HF1301 (Hilstrom): Public Safety Policy Omnibus Bill

Rep. Hilstrom described the H1301DE2 amendment and took questions from members.

Chair Bigham laid over HF1301.

A quorum was present at 1:03pm and the meeting was officially called to order.

Chair Bigham recalled HF1962 (Kohls).

HF1962 (Kohls): Juvenile petty offender parents allowed probation supervisory duties.

Rep. Kohls moved that HF1962 be recommended to pass and be re-referred to the Committee on Finance with a recommended re-referral to the Committee on Public Safety Finance.

Rep. Kohls moved to orally amend HF1962 as follows:
Page 2, line 21, strike "shall" and insert "may"
THE MOTION PREVAILED AND THE ORAL AMENDMENT WAS ADOPTED.

Rep. Kohls renewed his motion that HF1962 be recommended to pass as amended and be re-referred to the Committee on Finance with a recommended re-referral to the Committee on Public Safety Finance.
THE MOTION PREVAILED AND THE BILL WAS PASSED.

Chair Bigham recalled HF1543.

HF1543 (Slawik): Family day care background checks required, and criminal history data access allowed.

Rep. Hilstrom moved that HF1543 be recommended to pass and be re-referred to the Committee on Finance with a recommended re-referral to the Early Childhood Finance & Policy Division.

Rep. Hilstrom moved to amend HF1543 (see H1543A1).
THE MOTION PREVAILED AND THE AMENDMENT WAS ADOPTED.

Rep. Hilstrom renewed her motion that HF1543 be recommended to pass as amended, and be re-referred to the Committee on Finance with a recommended re-referral to the Early Childhood Finance & Policy Division.
THE MOTION PREVAILED AND THE BILL WAS PASSED.

HF1442 (Olin): Crime of fleeing a peace officer modified.

Rep. Olin moved that HF1442 be laid over for possible inclusion in the Public Safety Policy & Oversight omnibus bill.

Rep. Olin presented HF1442 and took questions from the committee.

The following individuals testified in support of HF1442 and took questions from the committee:
Anne Deneen, Minneapolis Park Police
Mike Bedard, resident of West St. Paul, Minnesota
David Brown, Hennepin County Attorney’s Office

Rep. Olin renewed his motion that HF1442 be laid over for possible inclusion in the Public Safety Policy & Oversight omnibus bill.

Chair Bigham laid over HF1442 for possible inclusion in the Public Safety Policy & Oversight omnibus bill.

HF1224 (Mullery): State policy established on disproportionate minority contact in juvenile justice system.

Rep. Mullery moved that HF1224 be laid over for possible inclusion in the Public Safety Policy & Oversight omnibus bill

Rep. Mullery presented HF1224 and took questions from the committee.

Richard Gardell, Chair of Juvenile Justice Advisory Committee, testified on behalf of HF1224 and took questions from the committee.

Rep. Mullery renewed his motion that HF1224 be laid over for possible inclusion in the Public Safety Policy & Oversight omnibus bill.

Chair Bigham laid over HF1224 for possible inclusion in the Public Safety Policy & Oversight omnibus bill.

HF582 (Lesch): Defendant waiver of jury trial requirement changed.

Chair Bigham moved that HF582 be recommended to pass and be re-referred to the General Register.
THE MOTION PREVAILED AND THE BILL WAS PASSED.

HF570 (Champion): Rest area activities prohibited.

Chair Bigham moved that HF570, as amended by committee, be recommended to pass and be re-referred to the General Register.
THE MOTION PREVAILED.

Rep. Cornish called for a division vote on HF570 as amended.
On a vote of 5 Ayes to 8 Nays,
THE MOTION DID NOT PREVAIL.

Chair Bigham recalled HF1301.

HF1301 (Hilstrom): Public Safety Policy Omnibus Bill

Rep. Hilstrom moved that HF1301 be recommended to pass and be re-referred to the General Register.

Rep. Hilstrom moved to amend HF1301 (see H1301DE2).
THE MOTION PREVAILED AND THE AMENDMENT WAS ADOPTED.

Chair Bigham moved to amend HF1301, the delete everything amendment (H1301DE2) (see H1301A1).
THE MOTION PREVAILED AND THE AMENDMENT WAS ADOPTED.

Rep. Mullery moved to amend HF1301, the delete everything amendment (H1301DE2) (see H1301A2).
THE MOTION PREVAILED AND THE AMENDMENT WAS ADOPTED.

Rep. Mullery moved to amend HF1301, the delete everything amendment (H1301DE2) (see H1301A3).
THE MOTION PREVAILED AND THE AMENDMENT WAS ADOPTED.

Rep. Kohls moved to amend HF1301, the delete everything amendment (H1301DE2) (see H1301A4).
THE MOTION DID NOT PREVAIL.

Chair Bigham moved to amend HF1301, the delete everything amendment (H1301DE2) (see H1301A5).
THE MOTION PREVAILED AND THE AMENDMENT WAS ADOPTED.

Rep. Kohls moved to amend HF1301, the delete everything amendment (H1301DE2) (see H1301A6).

Rep. Kohls withdrew the H1301A6 amendment.

Rep. Mullery moved to amend HF1301, the delete everything amendment (H1301DE2) (see H1301A7).
THE MOTION PREVAILED AND THE AMENDMENT WAS ADOPTED.

Rep. Olin moved to amend HF1301, the delete everything amendment (H1301DE2) (see H1301A8).

Rep. Olin withdrew the H1301A6 amendment.

Rep. Kohls moved to amend HF1301, the delete everything amendment (H1301DE2) (see H1301A10).
THE MOTION PREVAILED AND THE AMENDMENT WAS ADOPTED.

Rep. Johnson moved to amend HF1301, the delete everything amendment (H1301DE2) (see H1301A11).
THE MOTION PREVAILED AND THE AMENDMENT WAS ADOPTED.

Rep. Johnson moved to amend HF1301, the delete everything amendment (H1301DE2) (see H1301A12).
THE MOTION PREVAILED AND THE AMENDMENT WAS ADOPTED.

Rep. Hilstrom moved to amend HF1301, the delete everything amendment (H1301DE2) (see H1301A13).
THE MOTION PREVAILED AND THE AMENDMENT WAS ADOPTED.

Rep. Hilstrom moved to amend HF1301, the delete everything amendment (H1301DE2) (see H1301A14).
THE MOTION PREVAILED AND THE AMENDMENT WAS ADOPTED.

Rep. Paymar described article 3 of HF1301, as amended.

Chair Bigham laid over HF1301.

Rep. Kulick Jackson moved to reconsider HF570, as amended by committee.
THE MOTION PREVAILED.

Rep. Kulick Jackson moved to orally amend HF570, as amended by committee, as follows:
Page 1, line 19, delete everything after "12" and
Page 1, line 20, delete everything up to the period
THE MOTION PREVAILED AND THE ORAL AMENDMENT WAS ADOPTED.

Rep. Champion took questions from the committee on the oral amendment.

Rep. Kulick Jackson moved that HF570, as amended, be recommended to pass and be re-referred to the General Register.
THE MOTION PREVAILED AND THE BILL WAS PASSED.


Chair Bigham recalled HF1301 as amended.

Rep. Hilstrom moved to orally amend HF1301 as amended, as follows:
Page 38, line 15 through page 39, line 10: delete section 2.
THE MOTION PREVAILED AND THE ORAL AMENDMENT WAS ADOPTED.

The following individuals testified on HF1301:
Thomas Plunkett, St. Paul, Minnesota
David Brown, Hennepin County Attorney’s Office

Chair Hilstrom assumed that gavel at 2:30pm.

Chair Hilstrom moved to orally amend HF1301 as follows:
Page 18, line 17 through page 18, line 26, delete section 1
THE MOTION PREVAILED AND THE ORAL AMENDMENT WAS ADOPTED.

Chair Hilstrom renewed her motion that HF1301 be recommended to pass as amended, and be re-referred to the General Register.
THE MOTION PREVAILED AND THE BILL WAS PASSED.

Vice-Chair Bigham assumed the gavel at 2:24pm.

Rep. Olin moved to reconsider HF1442.
THE MOTION PREVAILED.

Rep. Olin moved that HF1442 be recommended to pass and be re-referred to the Committee on Finance with a recommended re-referral to the Committee on Public Safety Finance.

Rep. Olin moved to amend HF1442 (see H1305A15) with the following changes incorporated into the A15 amendment:
Page 1, line 1, delete everything after "H.F. No." and insert "1442"
Page 1, line 2, delete everything up to the comma
Page 1, line 3, delete everything and insert "Delete everything after the enacting clause and insert:"
THE MOTION PREVAILED AND THE AMENDMENT WAS ADOPTED.

Rep. Olin renewed his motion that HF1442 be recommended to pass as amended, and be re-referred to the Committee on Finance with a recommended re-referral to the Committee on Public Safety Finance.
THE MOTION PREVAILED AND THE BILL WAS PASSED.

Chair Bigham called for a recess until 6:30pm in 400 North of the State Office Building.

Chair Hilstrom reconvened the twenty-fourth meeting of the House Public Safety Policy & Oversight Committee at 6:35 pm on Thursday, March 26, 2009 in Room 400 North of the of the State Office Building.

HF1235 (Hilstrom): Aggravated sentencing departure factors included that are not elements of the crime of conviction.

Chair Hilstrom moved that HF1235 be recommended to pass and be re-referred to the General Register.
THE MOTION PREVAILED AND THE BILL WAS PASSED.

HF1238 (Dill): Refund provisions modified, definitions modified, publication requirements modified, restrictions in migratory feeding and resting areas modified, local law exemptions provided, wild animal and fish taking, possession, and licensing requirements provided, and certain fees authorized.

Rep. Olin moved that HF1238 be recommended to pass and be re-referred to the Committee on Finance with a recommended re-referral to the Committee on Environment & Natural Resources Finance.

Rep. Olin moved to amend HF1238 (see H1238A13).
THE MOTION PREVAILED AND THE AMENDMENT WAS ADOPTED.

Rep. Olin moved to amend HF1238 (see H1328A14).
THE MOTION PREVAILED AND THE AMENDMENT WAS ADOPTED.

Rep. Olin renewed his motion that HF1238 be recommended to pass and be re-referred to the Committee on Finance with a recommended re-referral to the Committee on Environment & Natural Resources Finance.
THE MOTION PREVAILED AND THE BILL WAS PASSED.

Rep. Shimanski moved to adopt the Crime Victims/Criminal Records Division Report on HF954 (Lesch).
THE MOTION PREVAILED AND THE REPORT WAS ADOPTED.

Rep. Shimanski moved that HF954 be recommended to pass and be re-referred to the General Register.

Rep. Shimanski presented HF954 on behalf of Rep. Lesch, and took questions from the committee.

Mary Ellison, Department of Public Safety, testified on behalf of HF954 and took questions from the committee.

Rep. Shimanski renewed his motion that HF954 be recommended to pass and be re-referred to the General Register.
THE MOTION PREVAILED AND THE BILL WAS PASSED.

Rep. Shimanski moved to adopt the Crime Victims/Criminal Records Division Report on HF1305 (Emmer).
THE MOTION PREVAILED AND THE REPORT WAS ADOPTED.

HF1305 (Emmer): Impaired driving civil sanction pretrial application eliminated, postconviction driver’s license revocation periods restructured, misdemeanor impaired driving offense payable fine authorized, requirements established for abstinence and rehabilitation for multiple repeat offenders, and computer source code governing rules specified.

Rep. Shimanski moved that HF1305, as amended by the Crime Victims/ Criminal Records Division, be recommended to pass and be re-referred to the Committee on Finance with a recommended re-referral to the Committee on Public Safety Finance.

Rep. Emmer presented HF1305 as amended, and took questions from the committee.

The following individuals testified in support of HF1305 and took questions from the committee:
Jeff Sheridan, Private attorney, resident of Eagan, Minnesota
Sean Stokes, Private attorney, resident of Stillwater, Minnesota
Jeremy Wachsmith, resident of Fridley, Minnesota

The following individuals testified in opposition to HF1305 and took questions from the committee:
Bill Lemons, Minnesota County Attorneys Association
Lynn Goughler, Mothers Against Drunk Driving
Jean Ryan, Office of Traffic Safety, Department of Public Safety

Rep. Shimanski renewed his motion that HF1305, as amended by the Crime Victims/ Criminal Records Division, be recommended to pass and be re-referred to the Committee on Finance with a recommended re-referral to the Committee on Public Safety Finance.
THE MOTION PREVAILED AND THE BILL WAS PASSED.

Chair Hilstrom called for a motion to approve the minutes of March 25, 2009.

Rep. Kohls moved to adopt the minutes of March 25, 2009.
THE MOTION PREVAILED AND THE MINUTES WERE ADTOPED.


The meeting was adjourned at 8:12 pm.





__________________________________
Debra Hilstrom
CHAIR, Public Safety Policy & Oversight




___________________________________
Erin Huppert
Public Safety Policy & Oversight Committee Legislative Assistant
More Info On This Meeting..

HF1543 (Slawik) Family day care background checks required, and criminal history data access allowed.
HF1442 (Olin) Crime of fleeing a peace officer modified.
HF1224 (Mullery) State policy established on disproportionate minority contact in juvenile justice system.
HF1962 (Kohls) Juvenile petty offender parents allowed probation supervisory duties.
HF1301 (Hilstrom) Public Safety Policy Omnibus Bill
A delete-everything amendment is available http://www.house.leg.state.mn.us/comm/docs/H1301DE2.pdf">online or outside 387A State Office Building.

The committee has already heard testimony on these two bills below. (HF582 and HF570) The committee will limit itself to procedural action only.

HF582 (Lesch) Defendant waiver of jury trial requirement changed.
HF570 (Champion) Rest area activities prohibited.

The committee will reconvene at 6:30pm in 400N State Office Building to hear:

HF1238 (Dill) Refund provisions modified, definitions modified, publication requi