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Minnesota House of Representatives

Public Safety Policy and Oversight

THIRTY-FOURTH MEETING

2009-2010 Regular Session - Thursday, March 11, 2010

STATE OF MINNESOTA THIRTY-FOURTH 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-fourth meeting of the House Public Safety Policy & Oversight Committee at 1:30 pm on Thursday, March 11, 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:

HF2989 (Liebling): Forfeiture provisions recodified and consolidated while making numerous substantive and technical changes.

Rep. Paymar moved that HF2989 be recommended to pass and be re-referred to the Committee on Transportation and Transit Policy & Oversight.

Rep. Liebling presented HF2989 and took questions from the committee.

The following individuals testified on behalf of HF2989:
Michael Brandt, MN Association of Criminal Defense Lawyers
Roger Peterson, Rochester Chief of Police
Lee McGrath, Institute for Justice, MN Chapter
Kristin Brown, resident of Richfield, MN
Steve Timmer, resident of Edina, MN

Chair Hilstrom laid over HF2989.

HF2610 1st Engrossment (Mullery): Property forfeiture provisions changed, and sale of forfeited property by law enforcement officers, employees, and family members.

Rep. Mullery moved that HF2610 En. 1 be recommended to pass and be placed on the General Register.

Rep. Mullery presented HF2610 En. 1 and took questions from the committee.

The following individuals testified on behalf of HF2610 En. 1 and took questions from the committee:
John Kingrey, Minnesota County Attorneys Association
Dennis Flaherty, Minnesota Peace & Police Officers Association

Chair Hilstrom called a recess at 2:34pm.


Chair Hilstrom reconvened the 24th meeting of the Public Safety Policy & Oversight Committee at 2:44pm in Room 500N of the State Office Building.

The following individuals testified on behalf of HF2610 En. 1 and took questions from the committee:
Jim Franklin, MN Sheriffs Association and MN Police Chiefs Association
David Brown, Hennepin County Attorney’s Office

Rep. Mullery renewed his motion that HF2610 En. 1 be recommended to pass and be placed on the General Register.
THE MOTION PREVAILED AND THE BILL WAS PASSED.

HF2975 (Lanning): Salvia divinorum sale and possession crime established, and penalty provided.

Rep. Anderson moved that HF2975 be recommended to pass and be placed on the General Register.

Rep. Lanning presented HF2975 and took questions from the committee.

The following individuals testified on behalf of HF2975 and took questions from the committee:
David Ebinger, Moorhead Police
Carol Falkowski, Department of Human Services

Rep. Anderson renewed his motion that HF2975 be recommended to pass and be placed on the General Register.
THE MOTION PREVAILED AND THE BILL WAS PASSED.

HF3479 (Rosenthal): Office of Administrative Hearings authorized to review driver's license revocation or disqualification and motor vehicle plate impoundment resulting from implied consent violations.

Rep. Rosenthal moved that HF3479 be recommended to pass and be re-referred to the Committee on State & Local Government Operations, Reform, Technology & Elections.

Rep. Rosenthal presented HF3479 and took questions from the committee.

The following individuals testified on behalf of HF3479 and took questions from the committee:
Raymond Krause, Chief Judge, Office of Administrative Hearings
Steve Simon, DWI Task Force

Rep. Rosenthal renewed his motion that HF3479 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.

HF3321 (Lesch): Collection of fees allowed under the license reinstatement diversion pilot program to be extended for 18 months.

Chair Hilstrom moved that HF3321 be recommended to pass and be placed on the General Register.

John Choi, St. Paul City Attorney’s Office, testified on behalf of HF3321 and took questions from the committee.

Chair Hilstrom renewed her motion that HF3321 be recommended to pass and be placed on the General Register.
THE MOTION PREVAILED AND THE BILL WAS PASSED.

HF2990 1st Engrossment (Hilstrom): State Guardian Ad Litem Board established and money appropriated.

Chair Hilstrom moved that HF2990 En. 1 be recommended to pass and be re-referred to the Committee on Finance with a recommended re-referral to the Public Safety Finance Division.

Sue Dosal, MN Judicial Branch Court Administrator, testified on behalf of HF2990 En. 1 and took questions from the committee.

Virginia Rudloff testified in opposition to HF2990 En. 1 and took questions from the committee.

Chair Hilstrom renewed her motion that HF2990 En. 1 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.

HF2992 (Champion): Human Rights Act made technical amendments.

Chair Hilstrom moved that HF2992 be recommended to pass and be placed on the General Register.

Rep. Champion presented HF2992 and took questions from the committee.

Mario Hernandez, Dept. of Human Rights, testified on behalf of HF2992 and took questions from the committee.

Chair Hilstrom moved that HF2992 be recommended to pass and be placed on the General Register.
THE MOTION PREVAILED AND THE BILL WAS PASSED.

HF3300 1st Engrossment (Morrow): Judicial holds in commitment cases amended.

Chair Hilstrom moved that HF3300 En. 1 be recommended to pass and be re-referred to the Committee on Civil Justice.

Chair Hilstrom moved to amend HF3300 En. 1 (see H3300A2).
THE MOTION PREVAILED AND THE AMENDMENT WAS ADOPTED.

Rep. Morrow presented HF3300 En. 1 as amended, and took questions from the committee.

The following individuals testified on behalf of HF3300 En. 1 and took questions from the committee:
Sheila Brandt, Minnesota Sex Offender Program
Robin VueBenson, Minnesota Sex Offender Program

Rep. Rosenthal assumed the gavel at 3:45pm.

John Kirwin, Hennepin County Attorney’s Office, testified in opposition to HF3300 En. 1 and took questions from the committee.

Chair Hilstrom resumed the gavel at 3:52pm.

Chair Hilstrom renewed her motion that HF3300 En. 1 as amended, be recommended to pass and be re-referred to the Committee on Civil Justice.
THE MOTION PREVAILED AND THE BILL WAS PASSED.

HF3427 (Winkler): Minnesota Homeland Security and Emergency Management Act of 2010, and administrative, programmatic, technical, and clarifying changes made.

Chair Hilstrom moved that HF3427 be recommended to pass and be placed on the General Register.

Rep. Kelly moved to orally amend HF3427 as follows:

Page 2, line 4: after "states," insert, "federally recognized Indian tribes,"
Page 2, line 13, after "localities" insert, "of federally recognized Indian tribes"
Page 5, line 12, after "local," insert, "tribal"
Page 8, line 15, after "states," insert, "federally recognized Indian tribes,"
THE MOTION PREVAILED AND THE ORAL AMENDMENT WAS ADOPTED.

Rep. Winkler presented HF3427 as amended and took questions from the committee.

Chair Hilstrom renewed her motion that HF3427, as amended be recommended to pass and be placed on the General Register.
THE MOTION PREVAILED AND THE BILL WAS PASSED.

HF3333 (Hilstrom): Criminal penalty increased for assaulting a vulnerable adult, and criminal penalties provided.

Chair Hilstrom moved that HF3333 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 following individuals testified on behalf of HF3333 and took questions from the committee:
Ann Bebeau, St. Paul Police Department
Kevin Hansen, Office of Minnesota Ombudsman for Mental Health

Chair Hilstrom renewed her motion that HF3333 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.

HF2991 (Hilstrom): Court authorized to furnish any electronic copies of documents to public defender at no charge.

Chair Hilstrom moved that HF2991 be recommended to pass and be placed on the General Register.

Bob Sykora, MN Board of Public Defense, testified in support of HF2991 and took questions from the committee.
John Kingrey, Minnesota County Attorneys Association, testified in opposition to HF2991 and took questions from the committee.

Chair Hilstrom renewed her motion that HF2991 be recommended to pass and be placed on the General Register.
THE MOTION PREVAILED AND THE BILL WAS PASSED.

HF3315 (Bigham): Criminal penalty provisions modified, participation in comprehensive incident-based reporting system provided, and silencers for wildlife control use extended.

Rep. Bigham moved that HF3315 be recommended to pass and be placed on the General Register.

Rep. Bigham moved to orally amend HF3315 as follows:

Page 2: delete section 3.
THE MOTION PREVAILED AND THE ORAL AMENDMENT WAS ADOPTED.

Rep. Bigham presented HF3315 as amended and took questions from the committee.

Jim Conrad, Minnesota DNR, testified on behalf of HF3315 as amended and took questions from the committee.

Chair Hilstrom laid HF3315 as amended, over.

HF2707 1st Engrossment (Mullery): Juvenile delinquency continuance period duration extended.

Rep. Mullery moved that HF2707 En. 1 be recommended to pass and be placed on the General Register.

Rep. Mullery moved to amend HF2707 En. 1 (see H2707A1).
THE MOTION PREVAILED AND THE AMENDMENT WAS ADOPTED.

Doug Johnson, Washington County Attorney, testified on behalf of HF2707 En. 1 and took questions from the committee.

Rep. Mullery renewed his motion that HF2707 En. 1 as amended, be recommended to pass and be placed on the General Register.
THE MOTION PREVAILED AND THE BILL WAS PASSED.

HF3352 (Lesch): Fire safety provisions modified to require state fire marshal to coordinate investigation of fatal fires, and obsolete, redundant, or unnecessary language clarified.

Chair Hilstrom moved that HF3352 be recommended to pass and be placed on the General Register.

Jerry Rosendahl, State Fire Marshall, testified on behalf of HF3352 and took questions from the committee.

Chair Hilstrom laid over HF3352.

HF3526 (Paymar): Parole board established and membership duties and powers prescribed, and eligibility of individual to be considered for parole prescribed, and money appropriated.

Rep. Paymar moved that HF3526 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 HF3526 and took questions from the committee.

Gerald Kaplan, Alpha Human Services, testified in support of HF3526 and took questions from the committee.

Chair Hilstrom laid HF3526 over.

Chair Hilstrom brought back HF3352 for discussion.

Chair Hilstrom moved that HF3352 be recommended to pass and be placed on the General Register.

Jerry Rosendahl, State Fire Marshall, testified on behalf of HF3352 and took questions from the committee.

Chair Hilstrom renewed her motion that HF3352 be recommended to pass and be placed on the General Register.
THE MOTION PREVAILED AND THE BILL WAS PASSED.
Chair Hilstrom moved to adopt the Crime Victims/Criminal Records Division Report on HF3447 and HF3382.
THE MOTION PREVAILED AND THE REPORT WAS ADOPTED.

HF3447 (Bigham): DNA collection from offenders authorized.

Rep. Bigham moved that HF3447 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. Bigham presented HF3447 and took questions from the committee.

David Brown, Hennepin County Attorney’s Office, testified on behalf of HF3447 and took questions from the committee.

Rep. Bigham renewed her motion that HF3447 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.

HF3496 (Hilstrom): Registration required for persons convicted or adjudicated in another country for offenses requiring registration in Minnesota, registration time period of predatory offender restarts after conviction of new crime clarified; attempt, aiding and abetting, and conspiracy to commit crimes against persons included for purposes of registration for predatory offender registration law.

Chair Hilstrom moved that HF3496 be recommended to pass and be placed on the General Register.

Eric Knutson, Bureau of Criminal Apprehension, testified on behalf of HF3496 and took questions from the committee.

Chair Hilstrom renewed her motion that HF3496 be recommended to pass and be placed on the General Register.
THE MOTION PREVAILED AND THE BILL WAS PASSED.

HF2819 (Mullery): Public access to certain juvenile records modified and release of records limited.

Rep. Mullery moved that HF2819 be recommended to pass and be placed on the General Register.

Rich Neumeister, resident of Minnesota, testified in opposition of HF2819 and took questions from the committee.

Rep. Mullery renewed his motion that HF2819 be recommended to pass and be placed on the General Register.
THE MOTION PREVAILED AND THE BILL WAS PASSED.

HF3382 1st Committee Engrossment (Lesch): Public hearings and public access to juvenile records governing provisions modified, expungement authorized of certain juvenile records, and human services commissioner authorized to grant set of asides or variances for certain individuals disqualified from licensure because of an offense as a juvenile.

Chair Hilstrom moved that HF3382 CE1 be recommended to pass and be placed on the General Register.

Mark Haase, Council on Crime & Justice, testified on behalf of HF3882 CE1 and took questions from the committee.

Sandy Neren, Minnesota Newspapers Association, testified on opposition to HF3382 CE1.

Rep. Kelly moved to orally amend HF3382 CE1 as follows:

Page 2: Delete section 2

Sandy Neren, MN Newspapers Association, testified to the Kelly oral amendment.

Mark Haase, Council on Crime & Justice, testified to the Kelly oral amendment.

Rep. Kelly renewed his motion to orally amend HF3382 CE1 as follows:

Page 2: Delete section 2

Chair Hilstrom called for division, the results were:
4 AYES
2 NOS
THE MOTION PREVAILED AND THE ORAL AMENDMENT WAS ADOPTED.
Chair Hilstrom renewed her motion that HF3382 CE1 as amended, be recommended to pass and be placed on the General Register.
THE MOTION PREVAILED AND THE BILL WAS PASSED.

HF2757 (Kahn): Measurement of the actual weight of controlled substance residue mandated for determining severity of controlled substance offenses.

Chair Hilstrom moved that HF2757 be recommended to pass and be placed on the General Register.

Chair Hilstrom presented HF2757.

Chair Hilstrom moved to amend HF2757 (see H2757DE4).

The following individuals testified to HF2757 and the H2757DE4 amendment:
John Kingrey, MN County Attorneys Association
Frank Dolejski, Bureau of Criminal Apprehension

Rep. Kohls offered to orally amend the H2757DE4 amendment by removing references to bongs or bong water.

Chair Hilstrom laid HF2757 over.

HF3410 (Kelly): County and regional jails authorized to house offenders from others states.

Rep. Kelly moved that HF3410 be recommended to pass and be placed on the General Register.

Rep. Kelly presented HF3410 and took questions from the committee.

Rep. Kelly renewed his motion that HF3410 be recommended to pass and be placed on the General Register.
THE MOTION PREVAILED AND THE BILL WAS PASSED.

HF3457 (Hilstrom): Indeterminate sentencing expanded for sex offenders with prior convictions for certain predatory offenses.

Chair Hilstrom moved that HF3457 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 presented HF3457 and took questions from the committee.

Chair Hilstrom laid HF3457 over.

HF67 (Mullery): Gross misdemeanor created for assaulting a utility employee or contractor.

Rep. Mullery moved that HF67 be recommended to pass and be placed on the General Register.
THE MOTION PREVAILED AND THE BILL WAS PASSED.

HF212 (Simon): Pretrial filing of a transcript for admission into evidence of law enforcement vehicle recordings prerequisite eliminated.

Chair Hilstrom moved that HF212 be recommended to pass and be placed on the General Register.
THE MOTION PREVAILED AND THE BILL WAS PASSED.

HF728 (Mullery): Animal fighting device or substance possession prohibited.

Rep. Mullery moved that HF278 as amended (see H0728A2), be recommended to pass and be placed on the General Register.
THE MOTION PREVAILED AND THE BILL WAS PASSED.

HF971 (Bigham): Predatory offender registration time period rule clarified.

Chair Hilstrom moved that HF971 be recommended to pass and be placed on the General Register.
THE MOTION PREVAILED AND THE BILL WAS PASSED.

HF1120 (Kath): Public safety; comprehensive incident-based reporting system data use delineated.

Chair Hilstrom moved that HF1120 be recommended to pass and be placed on the General Register.
THE MOTION PREVAILED AND THE BILL WAS PASSED.

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

Chair Hilstrom moved that HF582 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 moved HF2757 for further consideration.

Chair Hilstrom moved that HF2757 be recommended to pass and be placed on the General Register.

Chair Hilstrom moved to amend HF2757 (see H2757DE4).

Rep. Kohls moved to amend the H2757DE4 amendment as follows:

Page 1, line 14: delete "bong, or water pipe, or otherwise used in a", and after "substance" insert,
"water"
Page 1, line 15: delete the comma
Page 2, line 6, delete "bong or water"
Page 2, line 7, delete "pipe or otherwise used in a", after "substance" insert "water", and delete the
comma
Page 2, line 24: delete "bong or water"
Page 2, line 25: delete "pipe or otherwise used in a", after "substance" insert "water", and delete the
comma
Page 3, line 21: "bong or water"
Page 3, line 22: delete "pipe or otherwise used in a", after "substance" insert "water", and delete the
comma
THE MOTION PREVAILED AND THE ORAL AMENDMENT TO THE AMENDMENT WAS ADOPTED.

Chair Hilstrom renewed her motion to amend HF2757 (see H2757DE4, as amended).
THE MOTION PREVAILED AND THE AMENDMENT WAS ADOPTED.

Chair Hilstrom moved that HF2757 as amended, be recommended to pass and be placed on the General Register.
THE MOTION PREVAILED AND THE BILL WAS PASSED.

Rep. Olin moved to adopt the minutes of March 9, 2010.
THE MOTION PREVAILED AND THE MINUTES WERE ADOPTED.

The meeting was adjourned at 5:40 pm.




__________________________________
Debra Hilstrom
CHAIR, Public Safety Policy & Oversight




___________________________________
Erin Huppert
Public Safety Policy & Oversight Committee Legislative Assistant
More Info On This Meeting..
Bills Added:
  • HF2610 (Mullery) - Property forfeiture provisions changed, and sale of forfeited property by law enforcement officers, employees, and family members.
  • HF2989 (Liebling) - Forfeiture provisions recodified and consolidated while making numerous substantive and technical changes.
  • HF2992 (Champion) - Human Rights Act technical amendments made.
  • HF3479 (Rosenthal) - Office of Administrative Hearings authorized to review driver's license revocation or disqualification and motor vehicle plate impoundment resulting from implied consent violations.
  • HF3333 (Hilstrom) - Criminal penalty increased for assaulting a vulnerable adult, and criminal penalties provided.
  • HF3321 (Lesch) - Collection of fees allowed under the license reinstatement diversion pilot program to be extended for 18 months.
  • HF2757 (Kahn) - Weight of water used in a controlled substance filtration device established when determining weight or amount of controlled substance.
  • HF3457 (Hilstrom) - Indeterminate sentencing expanded for sex offenders with prior convictions for certain predatory offenses.
  • HF3496 (Hilstrom) - Registration required for persons convicted or adjudicated in another country for offenses requiring registration in Minnesota, registration time period of predatory offender restarts after conviction of new crime clarified; attempt, aiding and abetting, and conspiracy to commit crimes against persons included for purposes of registration for predatory offender registration law.
  • HF2990 (Hilstrom) - State Guardian Ad Litem Board established and money appropriated.
  • HF2975 (Lanning) - Salvia divinorum sale and possession crime established, and penalty provided.
  • HF3410 (Kelly) - County and regional jails authorized to house offenders from other states.
  • HF67 (Mullery) - Gross misdemeanor created for assaulting a utility employee or contractor.
  • HF212 (Simon) - Pretrial filing prerequisite of a transcript eliminated for admission into evidence of law enforcement vehicle recordings.
  • HF728 (Mullery) - Animal fighting device or substance possession prohibited.
  • HF971 (Bigham) - Predatory offender registration time period rule clarified.
  • HF1120 (Kath) - Public safety; comprehensive incident-based reporting system data use delineated.
  • HF2707 (Mullery) - Juvenile delinquency provisions modified to include stays of adjudication of delinquency, and juvenile delinquency continuance period duration extended.
  • HF3300 (Morrow) - Civilly committed sex offenders, sexually dangerous persons, and sexual psychopathic personalities provisions modified, and judicial holds in commitment cases provisions amended.
  • HF2991 (Hilstrom) - Court authorized to furnish any electronic copies of documents to public defender at no charge.
  • HF3427 (Winkler) - Minnesota Homeland Security and Emergency Management Act of 2010 enacted, and administrative, programmatic, technical, and clarifying changes made.
  • HF3382 (Lesch) - Public hearings and public access to juvenile records governing provisions modified, expungement authorized of certain juvenile records, and human services commissioner authorized to grant set of asides or variances for certain individuals disqualified from licensure because of an offense as a juvenile.
  • HF3447 (Bigham) - DNA collection from offenders authorized.
  • HF3315 (Bigham) - Criminal penalty provisions modified, participation in comprehensive incident-based reporting system provided, and silencers for wildlife control use extended.
  • HF3526 (Paymar) - Parole board established and membership duties and powers prescribed, and eligibility of individual to be considered for parole prescribed, and money appropriated.
  • HF582 (Lesch) - Defendant waiver of jury trial requirement changed.
  • HF2819 (Mullery) - Public access to certain juvenile records modified and release of records limited.
  • HF3352 (Lesch) - Fire safety provisions modified to require state fire marshal to coordinate investigation of fatal fires, and obsolete, redundant, or unnecessary language clarified.
Documents:
  • - 3/10/2010
  • - 3/11/2010
  • - 3/11/2010
Audio:
Listen Now
NOTE: Seizure and forfeiture issues will be dealt with first.
House Files 2990, 2707, 3300, 3315 are pending referral.
House Files 67, 212, 728, 971,1120 are bills that were included in the Public Safety Policy Omnibus bill as it passed off the House Floor but were not included in the Conference Committee Report. The committee will limit itself to procedural action to send these bills to the General Register.
House Files 3382 and 3447 are division reports.
House File 582 was heard and passed in committee last session and sent to the General Register. The committee will limit itself to procedural action to send this bill to Finance.
Additional bills may be added.