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Public Safety and Civil Justice

TWENTY-SECOND MEETING

2007-2008 Regular Session - Monday, March 19, 2007

These minuttes are not yet approved.
STATE OF MINNESOTA TWENTY-SECOND MEETING
HOUSE OF REPRESENTATIVES EIGHTY-FIFTH SESSION

PUBLIC SAFETY AND CIVIL JUSTICE COMMITTEE


MINUTES


Representative Mullery, Chair, called the meeting to order at 6:14 P.M. on Monday, March 19, 2007, in Room 500N 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 1621 (Bunn): A bill for an act relating to public health; establishing an environmental health tracking and biomonitoring program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 144.

Representative Paymar moved HF1621 before the committee for an informational hearing only.

Testifying on the bill:
Rich Neumeister, private citizen
John Line Stine, Environmental Health Division Director, Minnesota Department of Health

HF 1896 (Winkler): A bill for an act relating to public safety; establishing Legislative Commission on Terror and Disaster Preparedness; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 12.

Representative Lillie moved the bill before the committee and moved that the bill be recommended to pass and be re-referred to the Committee on Governmental Operations, Reform, Technology and Elections.

Representative Winkler presented HF 1896.

Testifying for the bill:
Jeff Spartz, private citizen

Representative Kalin moved to orally amend HF 1896 as follows:

Page 1, line 2, delete "Terror" and insert "Terrorism"

Public Safety and Civil Justice Policy Committee
Minutes for Monday, March 19, 2007
Page 2




Page 1, line 6, delete "TERROR" and insert “TERRORISM"

Page 1, line 8, delete “Terror" and insert “Terrorism"

Page 3, line 2, delete “Terror" and insert “Terrorism"

THE ORAL AMENDMENTS WERE INCORPORATED.

Representative Lillie amended his motion that HF 1896 be recommended to pass, as amended, and be re-referred to the Committee on Governmental Operations, Reform, Technology, and Elections. THE MOTION PREVAILED.

HF 772, First Engrossment (Paymar): A bill for an act relating to insurance; increasing the required minimum liability limits on aircraft insurance; providing the aircraft liability insurance is not voidable retroactively after a claim; amending Minnesota Statutes 2006, section 360.59, subdivision 10.

Representative Paymar moved the H0772A4 amendment. THE MOTION PREVAILED.

Representative Paymar moved to orally amend HF 772 as follows:

Page 2, line 25, delete “2008" and insert “2009"

THE MOTION PREVAILED AND THE ORAL AMENDMENT WAS INCORPORATED.

Testifying for the bill:
Tony Pearson, private citizen

Representative Paymar moved that HF 772, as amended, be recommended to pass, and when so passed, that it be placed on the General Register.

Responding to questions on the bill:
ÿ Mark Hulden, Insurance Federation of Minnesota

Representative Paymar renewed his motion. THE MOTION PREVAILED.

HF 1465 (Kohls): A bill for an act relating to public safety; requiring the commissioner of corrections to develop a standard formula for calculating the per diem cost in county and regional jails; amending Minnesota Statutes 2006, section 241.018.

Representative Kohls presented his bill and moved that HF 1465 be recommended to pass and 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 1438 (Mariani): A bill for an act relating to drivers' licenses; prohibiting commissioner of public safety from complying with Real ID Act.

Representative Johnson moved the bill before the committee.

Representative Johnson moved that HF 1438 be recommended to pass, and when so passed, be placed on the General Register.

Testifying on the bill:
Teresa Nelson, legal counsel, ACLU

Representative Johnson renewed his motion. THE MOTION PREVAILED.

Public Safety and Civil Justice Policy Committee
Minutes for Monday, March 19, 2007
Page 3



HF 1058 (Thissen): A bill for an act relating to motor vehicles; authorizing automatic enforcement of official traffic-control devices; amending Minnesota Statutes 2006, sections 169.01, by adding subdivisions; 169.06, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 169.

HF 1058 was given an informational hearing only.

Testifying for the bill:
Minneapolis City Council Member Paul Ostrow
Mary Ellen Heng, Assisistant City Attorney
Lt. Greg Reinhart, Minneapolis Police Department

Testifying against the bill:
Rich Neumeister, private citizen
Teresa Nelson, legal counsel, ACLU

HF 1282 (Holberg): A bill for an act relating to data practices; classifying certain transportation department data; amending Minnesota Statutes 2006, section 13.72, by adding subdivisions.

Representative Holberg presented HF 1282 and moved that the bill be laid over for possible inclusion in the Public Safety and Civil Justice Policy Committee omnibus bill.

Testifying for the bill:
Barbara Forsland, Data Compliance Officer, Minnesota Department of Transportation

Testifying against the bill:
Rich Neumeister, private citizen
Mark Anfinson, Minnesota Newspaper Association

Chair Mullery laid over HF 1282 for possible inclusion in the Public Safety and Civil Justice Policy Committee omnibus bill.

HF 1305 (Holberg): A bill for an act relating to data practices; requiring state and local law enforcement agencies to provide certain information; proposing coding for new law in Minnesota Statutes, chapter 13.

Representative Holberg moved adoption of the H1305DE1 delete everything amendment. THE MOTION PREVAILED.

Representative Holberg presented HF 1305 and moved that the bill, as amended, be laid over for possible inclusion in the Public Safety and Civil Justice Policy Committee omnibus bill.

Testifying for the bill:
Robert Sykora, Board of Public Defense
Dana Gotz, CrimNet, Minnesota Bureau of Criminal Apprehension

Chair Mullery laid over HF 1305, as amended, for possible inclusion in the Public Safety and Civil Justice Policy Committee omnibus bill.

HF 1306 (Holberg): A bill for an act relating to data practices; regulating business screening agencies; providing civil penalties; proposing coding for new law in Minnesota Statutes, chapter 13.

Representative Holberg moved adoption of the H1306DE1 delete everything amendment.
THE MOTION PREVAILED.

Representative Holberg presented her bill and moved that HF 1306, as amended, be recommended to pass, and when so passed, be placed on the General Register.

Public Safety and Civil Justice Policy Committee
Minutes for Monday, March 19, 2007
Page 4



Testifying for the bill:
Robert Sykora, Board of Public Defense
Rich Neumeister, private citizen

Testifying against the bill:
Former senator Bob Tennessen, Attorney, Gray Plant Mooty
Sara Janacek

Representative Holberg renewed her motion. THE MOTION PREVAILED.

HF 655, First Engrossment (Huntley): A bill for an act relating to health; providing for the medical use of marijuana; providing civil and criminal penalties; appropriating money; amending Minnesota Statutes 2006, section 13.3806, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 152.

Representative Bigham moved the bill before the committee.

Representative Huntley presented his bill.

Testifying for the bill:
Former Speaker of the House Steve Sviggum
Don Haumant, Marijuana Policy Project
Shannon Pakonen, private citizen
Darrell Paulsen, private citizen
Oliver Steinberg, private citizen

Testifying against the bill:
Bill Gillespie, Minnesota Police and Peace Officers Association
Mitch Weinzetl, Chief of Police, City of Buffalo (MN)
Jim Franklin, Executive Director, Minnesota Sheriff’s Association
Tom Pritchard, President, Minnesota Family Council
Jim Backstrom, Dakota County Attorney

Representative Olin moved adoption of the H0655A13 amendment. THE MOTION PREVAILED.

Representative Bigham moved that HF 655, as amended, be recommended to pass and be re-referred to the Committee on Finance, with the further recommendation that the bill be re-referred to the Health Care and Human Services Finance Division.

Representative Emmer requested a roll call vote on passage of the bill.

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


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



On a vote of 11 Ayes and 8 Nays, THE MOTION PREVAILED.


Public Safety and Civil Justice Policy Committee
Minutes for Monday, March 19, 2007
Page 5



HF 1019 (Olin): A bill for an act relating to predatory offender registration; requiring certain persons under the age of 18 to register as predatory offenders; amending Minnesota Statutes 2006, section 243.166, subdivision 1b.

Representative Olin moved adoption of the H1019DE1 delete everything amendment. THE MOTION PREVAILED.

Representative Olin presented HF 1019 and moved that the bill, as amended, be recommended to pass, and when so passed, be placed on the General Register.

Testifying for the bill:
Doug Johnson, Washington County Attorney
Kate Richtman, Co-Chair, Minnesota County Attorneys Association; Ramsey County Attorney’s Office, Juvenile Deliquency Unit
John Stuart, State Public Defender

Representative Olin renewed his motion. THE MOTION PREVAILED.


The meeting was adjourned at 10:05 P.M.


__________________________________________
Representative Joe Mullery, Chair


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

HF772 (Paymar) Increasing the required minimum liability limits on aircraft insurance; providing that aircraft liability insurance is not voidable retroactively after a claim;
HF1438 (Mariani) Prohibiting commissioner of public safety from complying with Real ID Act;
HF1896 (Winkler) Establishing Legislative Commission on Terror and Disaster Preparedness; appropriating money;
HF1621 (Bunn) Establishing an environmental health tracking and biomonitoring program; appropriating money;

HF1282 (Holberg) Classifying certain transportation department data;
HF1305 (Holberg) Requiring state and local law enforcement agencies to provide certain information;
HF1306 (Holberg) Regulating business screening agencies; providing civil penalties;
HF1465 (Kohls) Requiring the commissioner of corrections to develop a standard formula for calculating the per diem cost in county and regional jails.
HF655 (Huntley) Providing for the medical use of marijuana; providing civil and criminal penalties; establishing application and renewal fees; appropriating money.
HF1019 (Olin) Requiring certain persons under the age of 18 to register as predatory offenders;