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Data Practices Subcommittee

FIRST MEETING

2007-2008 Regular Session - Monday, March 10, 2008

STATE OF MINNESOTA FIRST MEETING
HOUSE OF REPRESENTATIVES EIGHTY-FIFTH SESSION

DATA PRACTICES SUBCOMMITTEE OF THE
PUBLIC SAFETY AND CIVIL JUSTICE POLICY COMMITTEE


MINUTES


Representative Simon, Chair, called the meeting to order at 6:05 P.M. on Monday, March 10, 2008, in Room 300N of the State Office Building.

The Committee Legislative Assistant noted the roll.

Members Present:
Simon, Chair
DeLaForest
Holberg
Lesch
Lillie

HF 3301 (Kalin): A bill for an act relating to transportation; changing provisions relating to disclosure of construction project cost estimates and proposal scoring; amending design-build transportation project provisions; requiring compensation for certain Technical Review Committee members; modifying provisions relating to design-build requests for proposals, scoring, project awards, and protests; requiring disclosure of reasons for change in stipulated fee; requiring rejection of nonresponsive proposals; amending Minnesota Statutes 2006, section 13.72, subdivisions 1, 11; 161.3420, subdivisions 2, 3, 4; 161.3422; 161.3426, subdivisions 1, 3, 4; repealing Minnesota Statutes 2006, section 161.3426, subdivision 2.

Chair Simon moved HF 3301 before the committee.

Chair Simon moved adoption of the A1 amendment.

Chair Simon moved to orally amend the A1 amendment as follows:

Page 4, line 33, before "the" insert "both" and before "public" insert “award of the project and"

THE MOTION PREVAILED AND THE ORAL AMENDMENT WAS INCORPORATED.

Chair Simon amended his previous motion to adopt the A1 amendment, as amended. THE MOTION PREVAILED.

Testifying on the bill:
ÿ Betsy Parker, Minnesota Department of Transportation, who expressed her concern with the bill in general, but was in agreement with the specific amended language.

Chair Simon moved that HF 3301, as amended, be recommended to pass and be re-referred to the Public Safety and Civil Justice Policy Committee. THE MOTION PREVAILED.

HF 3161, the First Engrossment (Bigham): A bill for an act relating to veterans; providing for a current listing of deceased Minnesota military personnel; proposing coding for new law in Minnesota Statutes, chapter 197.

Chair Simon moved HF 3161 before the committee.

Chair Simon moved adoption of the DE1 amendment. THE MOTION PREVAILED.

Chair Simon moved that HF 3161, as amended, be recommended to pass and be re-referred to the Public Safety and Civil Justice Policy Committee. THE MOTION PREVAILED.

HF 3302 (Atkins): A bill for an act relating to data practices; providing for the protection of written materials prepared for a closed meeting; amending Minnesota Statutes 2006, section 13D.05, subdivision 3.

Chair Simon moved HF 3302 before the committee.

Chair Simon moved adoption of the DE1 amendment. THE MOTION PREVAILED.

Representative Atkins presented his bill.

Testifying for the bill:
Karen Schaffer, Assistant Dakota County Attorney
Nancy Schuweiler, Dakota County Commissioner

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

Chair Simon moved that HF 3302, as amended, be recommended to pass and be re-referred to the Public Safety and Civil Justice Policy Committee. THE MOTION PREVAILED.

HF 3816 (Mariani): A bill for an act relating to education; allowing two state education agencies to share educational data in order to improve school instruction; amending Minnesota Statutes 2006, section 13.32, by adding a subdivision.

Chair Simon moved HF 3816 before the committee.

Chair Simon moved to orally amend HF 3816 as follows:

Page 1, line 8, before “Department" insert “Minnesota"
Page 1, line 9, before “Office" insert “Minnesota"

THE MOTION PREVAILED.

Representative Mariani presented his bill.

Testifying for the bill:
Commissioner Alice Seagren, Minnesota Department of Education
Susan Heegard, Director, Office of Higher Education

Testifying against the bill:
Dr. Karen Effrem, Policy Analyst, EdWatch

Chair Simon moved to orally amend the A1 amendment as follows:

Page 1, line 3, delete “include" and insert “must be limited to"

THE MOTION PREVAILED.

Chair Simon moved adoption of the A1 amendment, as orally amended. THE MOTION PREVAILED.

Chair Simon moved that HF 3816, as amended, be recommended to pass and when so passed be re-referred to the Public Safety and Civil Justice Policy Committee. THE MOTION PREVAILED.

Representative Holberg assumed the chair at 7:03 p.m.

HF 3553 (Simon): A bill for an act relating to data practices; making technical changes; amending Minnesota Statutes 2006, sections 13.03, subdivision 3; 260B.171, subdivision 5; Minnesota Statutes 2007 Supplement, section 13.39, subdivisions 2, 2a.

Representative Simon presented his bill.

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

Testifying for the bill:
Laurie Beyer-Kropuenske, Director, Public Information Policy Analysis, Department of Administration
Representative Simon moved that HF 3553, as amended, be recommended to pass and when so passed be re-referred to the Public Safety and Civil Justice Policy Committee. THE MOTION PREVAILED.

HF 3554 (Simon): A bill for an act relating to government data practices; regulating use of driver's license numbers and application information; amending Minnesota Statutes 2006, sections 13.6905, subdivision 2, by adding a subdivision; 168.346, subdivision 1, by adding a subdivision; 171.12, subdivision 7, by adding a subdivision.

Representative Simon presented his bill.

Testifying for the bill:
Mary Ellison, Deputy Commissioner, Minnesota Department of Public Safety
Jill Olson, Minnesota Department of Human Services, Child Support Enforcement Division

Representative Simon moved to amend the A1 amendment as follows:

Page 1, line 6, before the period insert “for child support enforcement purposes"

THE MOTION PREVAILED.

Testifying against the bill:
Mark Anfinson, Minnesota Newspaper Association
Eric Hyland, Messerli and Kramer, Minnesota Chiefs of Police and Minnesota Sheriffs Association
Don Gemberling, retired state employee

Representative Simon moved that HF 3554, as amended, be incorporated into HF 3553. THE MOTION PREVAILED.

HF 3555 (Simon): A bill for an act relating to public safety; classifying law enforcement agency hold data as private; amending Minnesota Statutes 2006, section 13.87, by adding a subdivision.

Representative Simon presented his bill and moved that HF 3555 be incorporated onto HF 3553.

Testifying for the bill:
Julie LeTourneau Lackner, Manager, Criminal Justice Information System, Minnesota Bureau of Criminal Apprehension

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

Representative Simon withdrew his motion.

HF 3701 (Simon): A bill for an act relating to public safety; classifying background check data on individuals as private; amending Minnesota Statutes 2006, section 13.87, by adding a subdivision.

Representative Simon presented his bill.

Representative Simon moved to orally amend HF 3701 as follows:

Page 1, line 11, after “or" insert “if"

THE MOTION PREVAILED.

Testifying for the bill:
Julie LeTourneau Lackner, Manager, Criminal Justice Information System, Minnesota Bureau of Criminal Apprehension

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

Representative Simon withdrew HF 3701 from consideration as an amendment to HF 3553.

HF 3787 (Simon): A bill for an act relating to data practices; modifying provisions governing civil investigative data and licensing data; amending Minnesota Statutes 2006, section 13.41; proposing coding for new law in Minnesota Statutes, chapter 13, repealing Minnesota Statutes 2006, section 13.39, subdivision 1.

Representative Simon presented his bill.

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

Testifying against the bill:
Mark Anfinson, Minnesota Newspaper Association
Melinda Hugdahl, Legal Services Advocacy Project
Ann Krisnik, Education Minnesota
Jim Michels, attorney, Minneapolis Police Officers Federation and St. Paul Police Federation
Don Gemberling, retired state employee
Rich Neumeister, private citizen

Representative Simon moved that HF 3787 be recommended to pass, without recommendation, and be re-referred to the Public Safety and Civil Justice Policy Committee. THE MOTION PREVAILED.



Further amendments to HF 3553 were offered.

Representative Simon moved adoption of the A08-1317 amendment.

Testifying for the amendment:
Andy Mitchell, Hennepin County Medical Center

Testifying against the amendment:
Rich Neumeister, private citizen

THE MOTION PREVAILED.

Chair Holberg moved adoption of the H3553A8 amendment.

Testifying for the amendment:
Tom Deans, Minnesota School Board Association

Chair Holberg moved to orally amend the H3553A8 amendment as follows:

Page 1, line 13, after “all" insert “application"

Chair Holberg renewed her previous motion to adopt the H3553A8 amendment, as amended. THE MOTION PREVAILED.


The meeting was adjourned at 9:08 P.M.


__________________________________________
Representative Steve Simon, Chair


__________________________________________
Vickie Benson, Committee Legislative Assistant