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Public Safety Policy and Oversight

THIRTY-THIRD MEETING

2009-2010 Regular Session - March 09, 2010

STATE OF MINNESOTA THIRTY-THIRD MEETING
HOUSE OF REPRESENTATIVES EIGHTY-SIXTH SESSION

PUBLIC SAFETY POLICY & OVERSIGHT COMMITTEE

MINUTES


Debra Hilstrom, Chair of the Public Safety Policy & Oversight Committee, called to order the thirty-third meeting of the House Public Safety Policy & Oversight Committee at 1:16 pm on Tuesday, March 9, 2010 in room 10 of the of the State Office Building, a quorum was present.

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
KOHLS, Paul
KULICK JACKSON, Gail
LESCH, John
MASIN, Sandra
MULLERY, Joe
OLIN, Dave
PAYMAR, Michael
ROSENTHAL, Paul
SHIMANSKI, Ron


Agenda:

HF3106 (Bigham): Implied consent, driving while impaired, and ignition interlock provisions modified.

Rep. Bigham moved that HF3106, as amended, be recommended to pass and be re-referred to the Committee on State/Local Government Operations, Reform, Technology & Elections.

Rep. Bigham presented HF3106 as amended, and took questions from the committee.

The following individuals testified on behalf of HF3106 as amended and took questions from the committee:

Michael Campion, Commissioner, Department of Public Safety
Cheri Marti, Director, Office of Traffic Safety
Steve Holmgren, Chief Public Defender, 1st Judicial District

Rep. Drazkowski offered the H3106A9 for future consideration.

Rep. Kohls moved to amend HF3106 as amended (see H3106A11).

Rep. Kohls explained the H3106A11 amendment.

Rep. Kohls renewed his motion to amend HF3106 as amended as follows (see H3106A11).
THE MOTION PREVAILED AND THE AMENDMENT WAS ADOPTED.

Rep. Paymar moved to amend HF3106, as amended, (see H3106A13).

Rep. Paymar explained the H3106A13 amendment.

The following individuals testified in opposition to the amendment, and took questions from the committee:
Cheri Marti, Office of Traffic Safety
Jody Oscarson, Office of Traffic Safety

Rep. Paymar withdrew the H3106A13 amendment.

Chair Hilstrom moved to amend HF3106 as amended (see H3106A12).

Chair Hilstrom explained the H3106A12 amendment.

Cheri Marti, Office of Traffic Safety, testified to the HF3106A12 amendment.

Chair Hilstrom renewed her motion to amend HF3106 as amended (see H3106A12).
THE MOTION PREVAILED AND THE AMENDMENT WAS ADOPTED.

The following individuals testified in support of HF3106 as amended:

John Cummings, Minnesotans for Safe Driving
Lynn Gaughler, Mothers Against Drunk Driving

Tom Edwards, resident of W. St. Paul, MN, testified on HF3106 and took questions from the committee.

Rep. Bigham renewed her motion that HF3106, as amended, be recommended to pass and be re-referred to the Committee on State/Local Government Operations, Reform, Technology & Elections.
THE MOTION PREVAILED AND THE BILL WAS PASSED.

HF3059 First Engrossment (Ruud): Pregnant women mandatory reporting requirements modified.

Chair Hilstrom moved that HF3059 En. 1 be recommended to pass and be placed on the General Register.

Rep. Ruud presented HF3059 and took questions from the committee.

The following individuals testified in support of HF3059 and took questions from the committee:

Patricia Harrison, Minneapolis Department of Health
Sara Massalt, Minnesota Organization on Fetal Alcohol Spectrum Disorders
Amy Godecker, Minneapolis Department of Health

Chair Hilstrom moved that HF3059 En. 1 be recommended to pass and be placed on the General Register.
THE MOTION PREVAILED AND THE BILL WAS PASSED.

HF3213 (Bigham): Controlled substances schedule amended by adding tramadol to schedule IV.

Rep. Bigham moved that HF3213 be recommended to pass and be placed on the General Register.

Rep. Bigham presented HF3213 and took questions from the committee.

Mike Kadmer, Hennepin County Attorney’s Office, testified on behalf of HF3213 and took questions from the committee.

Rep. Bigham moved that HF3213 be recommended to pass and be placed on the General Register.
THE MOTION PREVAILED AND THE BILL WAS PASSED.

HF2639 (Johnson): Wireless telecommunications service providers authorized to provide call locations for emergencies.

Rep. Johnson moved that HF2639 be recommended to pass and be placed on the General Register.

Rep. Johnson presented HF2639 and took questions from the committee.

Rich Neumeister, resident of Minnesota, testified on HF2639 and took questions from the committee.

Rep. Johnson amended his motion that HF2639 be recommended to pass and be placed on the General Register, and moved that it be re-referred to the Committee on Civil Justice.
THE MOTION PREVAILED AND THE BILL WAS PASSED.

Rep. Lesch, Chair of the Crime Victims/ Criminal Records Division, moved to adopt the Division Report for HF3312, HF891, HF3130, HF3089, HF2965, HF3131, and HF3381.

Rep. Lesch presented the Division Report.

Rep. Lesch, renewed his motion to adopt the Division Report for HF3312, HF891, HF3130, HF3089, HF2965, HF3131, and HF3381.
THE MOTION PREVAILED AND THE REPORT WAS ADOPTED.

HF3312 (Greiling): Criminal penalty provided for intentionally rendering a service animal unable to perform its duties, offenders convicted of harming service animals required to pay restitution, and civil remedies are not precluded by the criminal penalty for harming service animals.

Rep. Lesch moved that HF3312 be recommended to pass and be placed on the General Register.

Rep. Greiling presented HF3312 and took questions from the committee.

Rep. Lesch renewed his motion that HF3312 be recommended to pass and be placed on the General Register.
THE MOTION PREVAILED AND THE BILL WAS PASSED.

Chair Hilstrom called a recess at 2:27 pm, to reconvene at 2:45 pm in Room 500S.



Chair Hilstrom reconvened the 33rd meeting of the House Public Safety Policy & Oversight Committee in Room 500S of the State Office Buildling at 2:46 pm.

HF891 (Champion): Expungement law expanded and modified, courts authorized to modify or suspend collateral sanctions under certain circumstances, and situations limited in which juvenile delinquency criminal record is publicly available.

Chair Hilstrom moved that HF891 be recommended to pass and be placed on the General Register.

Chair Hilstrom moved to amend HF891 (see H0891DE2).
THE MOTION PREVAILED AND THE AMENDMENT WAS ADOPTED.

Chair Hilstrom moved to amend HF891 (see H0891A2).
THE MOTION PREVAILED AND THE AMENDMENT WAS ADOPTED.

Rep. Champion presented HF891 as amended and took questions from the committee.

The following individuals testified on behalf of HF891 as amended and took questions from the committee:

Phil Carruthers, Ramsey County Attorney’s Office
Mark Haase, Council on Crime & Justice

Chair Hilstrom renewed her motion that HF891 as amended, be recommended to pass and be placed on the General Register.
THE MOTION PREVAILED AND THE BILL WAS PASSED.

HF3130 (Lesch): Fire departments authorized to access criminal history data on current employees.

Rep. Lesch moved that HF3130 be recommended to pass and be placed on the General Register.

Rep. Lesch presented HF3130 and took questions from the committee.

Jerry Streich, Fire Chiefs Association, testified on behalf of HF3130 and took questions from the committee.

Rep. Lesch renewed his motion that HF3130 be recommended to pass and be placed on the General Register.
THE MOTION PREVAILED AND THE BILL WAS PASSED.

HF3090 1st Committee Engrossment (Hilstrom): Stalking crime modified.

Chair Hilstrom moved that HF3090, CE1, be recommended to pass and be re-referred to the Committee on Finance with a recommended re-referral to the Public Safety Finance Division.

Chair Hilstrom moved to amend HF3090, CE1 (see H3090A1).
THE MOTION PREVAILED AND THE AMENDMENT WAS ADOPTED.

Chair Hilstrom presented HF3090 CE1 and took questions from the committee.

Michael Harasyn, resident of Crystal, Minnesota, testified in opposition to HF3090, CE1.

Liz Richards, Minnesota Coalition of Battered Women, testified in support of HF3090 CE1 and took questions from the committee.

Chair Hilstrom renewed her motion that HF3090, CE1 as amended, be recommended to pass and be re-referred to the Committee on Finance with a recommended re-referral to the Public Safety Finance Division.
THE MOTION PREVAILED AND THE BILL WAS PASSED.

HF3089 (Paymar): Statutory cap exception provided on bail for certain nonfelony domestic abuse offenders, domestic abuse no contact order law recodified and clarified, tampering with a witness crime expanded, and data communications network requirement clarified.

Rep. Paymar moved that HF3089 be recommended to pass and be re-referred to the Committee on Finance with a recommended re-referral to the Public Safety Finance Division.

Rep. Paymar moved to amend HF3089 (see H3089A1).
THE MOTION PREVAILED AND THE AMENDMENT WAS ADOPTED.

Rep. Paymar presented HF3089 as amended, and took questions from the committee.

Wayne Crittenden, resident of Duluth, Minnesota, testified in support of HF3089 as amended.

Rep. Paymar renewed his motion that HF3089 as amended, be recommended to pass and be re-referred to the Committee on Finance with a recommended re-referral to the Public Safety Finance Division.
THE MOTION PREVAILED AND THE BILL WAS PASSED.

HF2965 1ST Committee Engrossment (Paymar): Gang and drug task forces certification process established, criminal gang investigative data systems creation authority established, certain entities dissolved, and forfeiture reporting requirements amended.

Rep. Paymar moved that HF2965 CE1 be recommended to pass and be re-referred to the Committee on Finance with a recommended re-referral to the Public Safety Finance Division.

Rep. Paymar presented HF2965 CE1 and took questions from the committee.

The following individuals testified on behalf of HF2965 CE1 and took questions from the committee:

Jim Nobles, Legislative Auditor,
Michael Campion, Commissioner, Department of Public Safety

Rep. Paymar renewed his motion that HF2965 CE1 be recommended to pass and be re-referred to the Committee on Finance with a recommended re-referral to the Public Safety Finance Division.
THE MOTION PREVAILED AND THE BILL WAS PASSED.

HF3131 (Mullery): Interstate Compact for Juveniles adopted.

Rep. Mullery moved that HF3131 be recommended to pass and be re-referred to the Committee on State/Local Government Operations, Reform, Technology & Elections.

Rep. Mullery presented HF3131 and took questions from the committee.

RoseAnn Bisch, MN Department of Corrections, testified on behalf of HF3131 and took questions from the committee.

Rep. Mullery renewed his motion that HF3131 be recommended to pass and be re-referred to the Committee on State/Local Government Operations, Reform, Technology & Elections.
THE MOTION PREVAILED AND THE BILL WAS PASSED.

HF3381 (Mullery): Juvenile history data retention increased to one year for a child who was arrested but not referred to a diversion program and delinquency petition has not been filed.

Rep. Mullery moved that 3381 be recommended to pass and be re-referred to the Committee on Finance with a recommended re-referral to the Public Safety Finance Division.

Rep. Mullery presented HF3381 and took questions from the committee.

Katie Engler, Bureau of Criminal Apprehension, testified on behalf of HF3381 and took questions from the committee.

Rep. Mullery renewed his motion that 3381 be recommended to pass and be re-referred to the Committee on Finance with a recommended re-referral to the Public Safety Finance Division.
THE MOTION PREVAILED AND THE BILL WAS PASSED.

Chair Hilstrom called for a motion to approve the minutes of March 4, 2010.

Rep. Lesch moved to adopt the minutes of March 4, 2010.
THE MOTION PREVAILED AND THE MINUTES WERE ADOPTED.

The meeting was adjourned at 3:44 pm.


__________________________________
Debra Hilstrom
CHAIR, Public Safety Policy & Oversight




___________________________________
Erin Huppert
Public Safety Policy & Oversight Committee Legislative Assistant
More Info On This Meeting..
Bills Added:
  • HF3106 (Bigham) - Implied consent, driving while impaired, and ignition interlock provisions modified.
  • HF3213 (Bigham) - Controlled substances schedule amended by adding tramadol to schedule IV.
  • HF2639 (Johnson) - Wireless telecommunications service providers authorized to provide call locations for emergencies, and Kelsey Smith Act provided.
  • HF3059 (Ruud) - Pregnant women mandatory reporting requirements modified.
  • HF3130 (Lesch) - Fire departments authorized to access criminal history data on current employees.
  • HF3090 (Hilstrom) - Stalking crime modified.
  • HF3089 (Paymar) - Statutory cap on bail modified for nonfelony domestic abuse offenders, domestic abuse no contact order law recodified and clarified, tampering with a witness crime expanded, data communications network requirement clarified to include orders for protection and no contact orders, and criminal penalties imposed.
  • HF2965 (Paymar) - Multijurisdictional gang and drug task forces certification process established.
  • HF891 (Champion) - Criminal record expungement authorized for individuals who have received stays of adjudication or diversion, expungements authorized without petitions in cases where charges were dismissed against a person upon prosecutorial approval and with victim notification, and persons petitioning for an expungement required to provide a copy of the criminal complaint or police report.
  • HF3131 (Mullery) - Interstate Compact for Juveniles adopted.
  • HF3312 (Greiling) - Criminal penalty provided for intentionally rendering a service animal unable to perform its duties, offenders convicted of harming service animals required to pay restitution, and civil remedies are not precluded by the criminal penalty for harming service animals.
  • HF3381 (Mullery) - Juvenile history data retention increased to one year for a child who was arrested but not referred to a diversion program and delinquency petition has not been filed.
Documents:
House TV Video:
View Archive

03:58 - Gavel.
04:14 - HF3106 (Bigham) Implied consent, driving while impaired, and ignition interlock provisions modified.
38:25 - HF3059 (Ruud) Pregnant women mandatory reporting requirements modified.
50:17 - HF3213 (Bigham) Controlled substances schedule amended by adding tramadol to schedule IV.
52:16 - HF2639 (Johnson) Wireless telecommunications service providers authorized to provide call locations for emergencies.
1:08:26 - HF3312 (Greiling) Criminal penalty provided for intentionally rendering a service animal unable to perform its duties, offenders convicted of harming service animals required to pay restitution, and civil remedies are not precluded by the criminal penalty for harming service animals.
The Committee went in to recess.
* The complete audio archive of this meeting is available on the Committee's Audio & Video Archives page: http://www.house.leg.state.mn.us/audio/archivescomm.asp?comm=86144&ls_year=86.
Runs 1 hour, 10 minutes.


House Files 3130, 3090, 3089, 2695, 891, 3131, 3312, 3381 are division reports.