>> TESTIFIER: GOOD MORNING MR. CHAIR I WOULD ACTUALLY MOVE
HOUSE FILE 50 BEFORE US AND
DOES THIS AND GO BACK TO WAYS
AND MEANS
>> CHAIR MARIANI: IT WILL BE REFERRED TO THE
JUDICIARY COMMITTEE. >>
REPRESENTATIVE DEHN: THIS WILL BE REFERRED TO THE
JUDICIARY COMMITTEE. >> CHAIR MARIANI:
REPRESENTATIVE HORNSTEIN HOUSE FILE 50 IS BEFORE US. WELCOME TO THE COMMITTEE. >> REPRESENTATIVE HORNSTEIN:
THANK YOU; MR. CHAIR
AND MEMBERS. EITHER AUTH
OR AMENDMENT COULD I'M NOT SURE IF YOU WANT TO ADDRESS THAT FIRST WE WANT ME TO GET TO THE MAIN BODY OF THE BILL? WHATEVER
THE COMMITTEE DESIRES I WILL FOLLOW YOUR LEAD
MR. CHAIR. >> CH
AIR MARIANI: CHAIRMAN HORNSTEIN WHEN WE MOVE
YOUR AMENDMENT BECAUSE
THIS IS GOING TO PUT THE BILL IN
THE SHAPE YOU WANT IT BEFORE US.
>> TESTIFIER: GOOD MORNING SHORTCUT IS THE A - 5 AMENDMENT
MR. CHAIR
AND I COULD ADDRESS THAT IF YOU LIKE.
>> CHAIR MARIANI: VERY WELL REPRESENTATIVE DEHN WOULD YOU CARE TO MOVE THE A -
5 AMENDMENT >>
REPRESENTATIVE DEHN: YES MR. CHAIR BUT I WILL MOVE THE AUTHORS >> REPRESENTATIVE AMENDMENT >> CHAIR MARIANI: THE
A - 5 AMENDMENT IS PEOPLE TO
REPRESENTATIVE HORNSTEIN IF YOU COULD
DESCRIBE THE AMENDMENT AND I BELIEVE THERE'S OUR AMENDMENT TO THE
AMENDMENT. [INAUDIBLE] >>
REPRESENTATIVE HORNSTEIN: THANK YOU; MR. CHAIR
AND MEMBERS THANK YOU FOR HEARING HOUSE FILE 50 IN THE COMING AMENDMENT COULD I THINK MANY OF YOU ARE FAMILIAR WITH THE
HANDS-FREE BILL. IT PASSED IN THIS COMMITTEE LAST YEAR. IT
HAS BEEN VETTED BY NUMBER OF OTHER COMMITTEES AS WELL.
BUT IN THE COURSE OF
THE PUBLIC DISCUSSION OF THIS
SOME ISSUES THAT COME
UP AROUND THE NEED TO GET SOME ADDITIONAL DATA
ON TRAFFIC STOPS AS A RELATES TO
THIS LEGISLATION
ENACTED SO THE A - 5 IS A AMENDMENT THAT WILL
COLLECT DATA;
A DEMOGRAPHIC TYPE OF DATA RELATED TO
TRAFFIC STOPS STATE PATROL IS INVOLVED WITH. IT CALLS FOR STUDY BOTH BEFORE
THE ENACTMENT OF THE BILL AND AFTER SO THERE CAN BE SOME COMPARATIVE DATA. SO THAT IS THE GOAL OF THE A -
5 AMENDMENT.
>> CHAIR MARIANI: VERY WELL.
REPRESENTATIVE NASH >> REPRESENTATIVE NASH: THANK YOU; MR. CH
AIR. I'VE QUESTIONS ON THE AMENDMENT BUT I WAS ALSO MOVE THIS AMENDMENT TO THE AMENDMENT THE A - ASKED
>> CHAIR MARIANI: VERY WELL. REPRESENTATIVE NASH MOVES THE A - 6 AMENDMENT. REPRESENTATIVE NASH >> REPRESENTATIVE NASH: THANK YOU; MR. CHAIR
REPRESENTATIVE HORNSTEIN YOU AND I OF HIS PROGRAM'S BILL BUT ON THIS PARTICULAR AMENDMENT
I JUST HAVE SOME CONCERNS. ONE
IN CREATING
THE STUDY. THERE'S GOING TO BE COST
ASSESSMENT OF COLLECTING THIS DATA; STORING THE DATA. WAS GOING TO CREATE
AND MANAGE AND ADMINISTER THE DATABASE IF THIS
GOES INTO >> REPRESENTATIVE ERICKSON: WE HAVE ALL SEEN WITHOUT VERY PROUD
OF HOW IT'S
BEEN DONE WELL MNLARS HAS WORKED ON THIS WOULD BE A DEPARTMENT
PROJECT THAT WOULD BE PROBABLY ADMINISTERED AND BUILT BY MN.IT.
SO BE VERY AFRAID OF T
HAT. BUT; I FIND SOME OF THE THINGS YOU
ARE COLLECTING;; I'M SURPRISED THAT YOU ARE COLLECTING THIS PIECE OF INFORMATION BUT SOME OF THE THINGS THAT
ARE MISSING THAT I THINK MY AMENDMENT TO
YOUR AMENDMENT
WOULD FIX WOULD ALSO BE THE IMMIGRATION STATUS
OF PEOPLE WERE BEING STOPPED
BECAUSE OBVIOUSLY; SOME OF THEM MAY NOT ENOUGH
DRIVERS LICENSE. SO ARE GOING TO WANT TO
COLLECT THAT REPRESENTATIVE HORNSTEIN AND MEMBERS COULD I THINK THAT'S AN APPROPRIATE THING. SO THE AMENDMENT TO
THE AMENDMENT WOULD ASK
IMMIGRATION STATUS
AND COLLECT THAT AND HOPEFULLY PUT IT INTO A DATABASE
THAT SOMEBODY OTHER THAN MN.IT WOULD BUILD IF YOU'RE AMENDMENT
WAS ENGROSSED. I WOULD REQUEST A ROKO. >>
CHAIR MARIANI: WILL CAUSE BEEN REQUESTED ON THE A - 6 AMENDMENT. I'M WONDERING IF
COMMISSIONER WOULD COME FORWARD. THERE'S
A QUESTION. THERE'S 2 ISSUES YOU PUT ON
THE TABLE IF I HURT YOU CORRECT.
ONE IS THE BROADER ISSUE OF
DATA COLLECTION
AND I THINK WE HAVE AN EXPERT HERE WHO CAN TELL US ABOUT
WHAT THAT UNIVERSE LOOKS LIKE
AND THEN THERE'S THE ISSUE OF THE A - 6
AMENDMENT ITSELF. WELCOME TO
THE COMMITTEE.
>> TESTIFIER: MR. CHAIR; MEMBERS OF THE COMMITTEE JOHN HARDING
DEPARTMENT OF PUBLIC RISK MEASURE. THANK YOU FOR
THE INVITATION.
>> CHAIR MARIANI: COMMISSIONER; I'M WONDERING IF YOU COULD DESCRIBE TO THE COMMITTEE WITH THE DATA
PARAMETERS ARE; THE
REALITIES APPEARED FOR THIS KIND OF DATA COLLECTION WHETHER
IT IS [INAUDIBLE] WHERE
CAPACITY IS AND THEN ALSO I THINK
REPRESENTATIVE NASH HAD
A BRIEF PRETTY SPECIFIC
POINT AROUND >>
REPRESENTATIVE BENNETT: IF YOU COULD RESTATE THAT. >>
REPRESENTATIVE NASH: THANK YOU; MR. CHAIR. TO
THE COMMISSIONER; IS DATA YOU ARE COLLECTING THEY CURRENTLY DO NOT COLLECT; CORRECT?
>> TESTIFIER:
MOST OF HIS DATA MR.
CHAIRMAN; YES THIS IS MOSTLY DATA WE DO NOT COLLECT PROBABLY. >> REPRESENTATIVE NASH: TO
THAT END;
THIS DATA IS GOING TO HAVE TO
BE STORED IN SOME DATABASE. YOU ARE GOING TO MAKE CHANGES TO EITHER AN EXISTING DATABASE OR CREATE A NEW DATABASEI THINK
REPRESENTATIVE HORNSTEIN YOU ARE REQUIRING THIS BE A NEW
PROJECT SO IT'LL OSTENSIBLY GOING TO DATABASE.
AGAIN CAUTION ALL THE MEMBERS
HERE. WE BE DEFINITELY AFRAID
OF THAT. BUT AGAIN THE THINGS YOU PUT IN
YOUR AMENDMENT THAT I'M TRYING TO AMEND SEEN
IN COMPLETE IF YOU'RE TRULY TRYING
TO TRACK WHO IS
BEING STOPPED THAT IS NOT UTILIZING A
HANDS-FREE DEVICE. THIS IS A
SERIOUS ISSUE. IF YOU'RE TRULY TO FIND OUT WHO ARE THE PEOPLE
NOT ABIDING BY
THIS LAW IF YOUR BILL BECOMES LAW; THIS
IS SOMETHING I WOULD
IMAGINE EVERYBODY WOULD BE IN FAVOR
OF MAKING SURE WE ARE TRACKING THE IMMIGRATION STATUS SO YOU
CAN KNOW
MAYBE WHO IS NOT EVEN SUPPOSED TO BE DRIVING IF THEY DON'T HAVE A DRIVERS LICENSE WITH A DO HAVE A DRIVERS LICENSE THIS IS IMPORTANT STUFF. SO MEMBERS WOULD ASK FOR
YOUR SUPPORT AND
JUST REMIND I DID ASK FOR A ROKO. >> CHAIR MARIANI: VERY WELL.
COMMISSIONER HARRINGTON; THIS IS PROBABLY APPROPRIATE TIME
TO THEN
TALK ABOUT THE A - 6 BE DENTED I DO HOPE YOU HAD A CHANCE TO LOOK AT IT IF YOU HAVE IT BEFORE YOU? >> TESTIFIER: MR. CHAIR;
I HAVE SEEN THE A - 6 BE DENTED AND I HAVE HAD A CHANCE TO LOOK AT IT
AND GIVE IT SOME KID OR CONSIDERATION IN
MY OPINION; IS A POLICE PROFESSIONAL
AND I SERVED FOR OVER 40 YEARS; THIS IS NOT INFORMATION THAT WOULD
LEND ITSELF TO INCREASE SAFETY
FOR THE STATE OF MINNESOTA AND IT'S NOT INFORMATION THAT
POLICE DEPARTMENTS
WHO CURRENTLY DO DATA COLLECTION AROUND TRAFFIC STOPS
COLLECT; AND I DO NOT SEE HOW THIS WOULD BE RELEVANT TO
ESPECIALLY TO THIS PARTICULAR
HANDS-FREE BILL.
>>
CHAIR MARIANI: REPRESENTATIVE NASH >> REPRESENTATIVE NASH: IT BY YOUR OWN ADMISSION THE DATA REPRESENTATIVE HORNSTEIN AUTHOR AMENDMENT IS GOING TO COLLECT AND YOU ARE ALSO SAY MINE DOES
NOT EITHER;
I FAILED TO SEE THE RELEVANCE OF HIS AND NOT MINE
SO AGAIN I'M URGING MEMBER
S TO CONSIDER THE A - ACCIDENT AND ENGROSS IT'S BECAUSE YOU ARE ALREADY TELLING US THE OTHER DATA
YOU MUST DO COLLECT IS GERMANE FOR YOU ARE SAY MINE
IS NOT. I FIND THAT TO BE PRETTY
STARK JUXTAPOSITION
AND MOREOVER; I STILL NOT HEARD AN ANSWER IS GOING TO BE ADMINISTERINGTHIS LARG
E DATABASE. MOREOVER; I'M DEEPLY CONCERNED BY
THE POTENTIAL FISCAL IMPACT TO OUR
LAW ENFORCEMENT
ACROSS THE STATE COULD YOU HAVE GOT COUNTIES WERE NOW TO BE COLLECTING WAY MORE DATA
HANDLING THAT ONCE I GET BACK TO
THEIR HEADQUARTERS. YOU ARE ACTUALLY
LAYING COSTS ONTO THESE LAW
ENFORCEMENT PROFESSIONALS AND
I THINK THAT IS CLEARLY SOMETHING YOU HAVE NOT THOUGHT THROUGH. >> CHA
IR MARIANI: REPRESENTATIVE HORNSTEIN >> REPRESENTATIVE HORNSTEIN:
MR. CHAIR I ALSO WANT T
O ADDRESS REPRESENTATIVE NASH
IS CONCERNED BUT I THINK
COMMISSIONER HARRINGTON CAN AS WELL. BUT JUST TO CLARIFY A
FEW THINGS
BECAUSE THERE'S A LITTLE BIT MISUNDERSTOOD ABOUT
THE AMENDMENT. MY UNDERSTANDING
IS THAT
MUCH OF THE INFORMATION ABOUT TRAFFIC STOPS IS ALREADY
BEING COLLECTED BY THE ST
ATE PATROL THROUGH AN
ELECTRONIC DATABASE AN EXISTING DATABASE
THEY HAVE.
SO WE ARE JUST ASKING FOR LITTLE BIT
MORE INFORMATION SO THAT IS NUMBER ONE.
NUMBER 2; FOR A LIMITED AMOUNT OF TIME
A MATTER OF MONTHS. NUMBER 2. MR. CHAIR
AND MEMBERS;
THE STATE PATROL OFFICERS AS WELL AS
THIS KIND OF DATA COLLECTION IS NOW DONE ROUTINELY AS A MATTER OF COURSE
IN BOTH MINNEAPOLIS AND ST. PAUL. ACTUALLY; MUCH MORE DATA THAN WE ARE REQUIRING ON THIS AMENDMENT; BUT OFFICERS ARE
NOT ASKING. THIS IS VERY IMPORTANT MR. CHAIR AND REPRESENTATIVE NASH. OFFICERS ARE NOT ASKING
THE INDIVIDUAL WHO'S BEEN STOPPED FOR ANY
INFORMATION. THEY'RE MAKING AN
INVESTMENT THEMSELVES. SO THERE'S A HUGE
DIFFERENCE BETWEEN WERE ASKING FOR IN THE AMENDMENT
AND WHAT'S BEEN ASKED FOR IN THE AMENDMENT TO THE AMENDMENT IS
NOT INTERACTION
ON DEMOGRAPHICS THAT OFFICES ARE ASKING PEOPLE IN TRAFFIC STOPS IN THE A - 5
AMENDMENT UNDER REPRESENTATIVE NASH
IS AMENDMENT THERE IS ACTUALLY GOING BE
THIS INTERACTION
LITERALLY ASKING SOME OF THEIR IMMIGRATION STATUS. SO WE CAN GET INTO SOME OF THE OTHER SAFETY ISSUES AROUND THAT QUESTION
BEEN ASKED AND WHY THAT
IS PROBLEMATIC BUT I JUST WANT TO MAKE
SURE THAT MR. CHAIR AND COMMITTEE YOU KNEW THE DIFFERENCE BETWEEN WHAT WERE
ASKING FOR IN MY AMENDMENT AND WHAT REPRESENTATIVE NASH IS TALKING ABOUT. >> CHAIR MARIANI:
COMMISSIONER HARRINGTON. >> TESTIFIER:
MR. CHAIR; IN POINT OF FACT;
THE MINNESOTA STATE PATROL USES AND HE CITATION METHOD OF
COLLECTING DATA ON ALL
TRAFFIC STOPS. WITH THIS INFORMATION; WE HAVE
50 FIELDS THAT ARE IN THE E CITATION SYSTEM CURRENTLY
AND WHAT THIS BILL
WOULD DO WE WOULD USE THOSE EMPTY FIELDS
AND AN ALREADY EXISTING DATABASE
TO CAPTURE THIS AMOUNT OF DATA. SO THERE'S NOT A NEW DATABASE OR A NEW
IT SYSTEM THAT IS NECESSARY.
MY EXPERIENCE BOTH IN MY LAST EMPLOYMENT AND METRO TRANSIT
AND PRIOR TO THAT IN
ST. PAUL THE DATABASE SYSTEM ALREADY EXIST IN THE ROBUST ENOUGH AND THEN IT SIMPLY A MATTER OF PULLING THE DATA OUT FOR A LIMITED PERIOD OF TIME TO BE ABLE TO MAKE
A REASONABLE JUDGMENT AND STUDY
AND SUMMARIZE WHAT YOU
HAVE GOT FROM
THE COLLECTION ON THE ROAD. SO THERE SHOULD BE
NO IMPACT ON MINNESOTA
COUNTIES; SHERIFF'S WERE
COUNTY ADMINISTRATION.
THIS REALLY SHOULD HAVE NO
IMPACT FISCALLY BECAUSE THE DATA ALREADY WILL BE THERE IS SIMPLY A MATTER OF
US USING OUR EXISTING SYSTEMS TO CAPTURE THE DATA. >> CHAI
R MARIANI: REPRESENTATIVE NASH >> REPRESENTATIVE NASH:
MR.
CHAIR NOT TO BELABOR THE POINT BUT IN FAMILY COLLECT ADDITIONAL DATA IT CREATES ADDITIONAL WORK AND ADDITIONAL WORK INCURS ADDITIONAL COST. THAT IS AN
INCONTROVERTIBLE FACT. SO TO SAY IT HAS NO
FISCAL IMPACT JUST PLAIN WRONG.
SO RESPECTFULLY; I
URGE MEMBERS AYES AND YOU
SHOULD EITHER OF YOU ABOUT
MY AMENDMENT DOWN YOU SHOULD ALSO QUOTE
REPRESENTATIVE HORNSTEIN'S DOWN BECAUSE IT'S CREATING AN UNDUE BURDEN ON COUNTIES IN THE
STATE PATROL AND YOU ARE CREATING
NEW DATA YOU HAVE NO CONSIDERATION OF COST BECAUSE IT WILL INCUR ADDITIONAL COST TO THANK YOU;
MR. CHAIR
>> CHAIR MARIANI: THANK YOU REPRESENTATIVE NASH. WE ARE YOUR
DIRECTLY FROM THE COMMISSIONER OF THE DEPARTMENT OF PUBLIC SAFETY ON HOW THIS WORKS AN
EXISTING FRAMEWORK AND TECHNOLOGY THAT EVEN INCLUDES EMPTY FIELDS. IT DOES STRETCH
MY IMAGINATION
THAT THERE WILL BE A COST TO THAT. WE
DO HAVE MORE QUESTIONS.
REPRESENTATIVE LUCERO.
>> REPRESENTATIVE LUCERO: THANK YOU; MR. CHAIR. SO I WAS
INITIALLY STRUCK THE FIRST PART OF THE CONVERSATION WAS
COMMISSIONER SAID WE DON'T CURRENTLY CORRECT THE INFORMATION AND THEN
I HEAR THE CHAIR SAY [INAUDIBLE] WE DO
COLLECT INFORMATION. BUT I THINK YOU CLARIFY THAT BUT I GUESS MY QUESTION;
ON THE AMENDMENT YOU'D
SPOKEN ABOUT A METHOD OF COLLECTION AND I AM
SEEING HERE NOT THE AMENDMENT TO THE AMENDMENT BUT THE
ORIGINAL AMENDMENT
LINE 2.14-2.17 IT SAYS
THE MINNESOTA STATE PATROL SHALL RELY ON THEIR
OWN OBSERVATION TO COLLECT THESE
DIFFERENT DEMOGRAPHICS. THEN THE
COMMISSIONER MENTION THE E
TICKET SYSTEM. SO MY
FIRST QUESTION THE INFORMATION IS COLLECTED
BY OBSERVATIONAL IS IT NOT GOING
TO BE COLLECTED AS PART OF IDENTIFIED INFORMATION
IN ANY TICKET SYSTEM?
>> TESTIFIER: MR.
CHAIR; REPRESENTATIVE LUCERO IT CAN BE COLLECTED AS PART OF THE E CITATION SYSTEM BUT WHEN I SAID
SOME OF THE DATA
IS COLLECTED SOME OF THE DATA SUBJECT FOR EXAMPLE
THE BOAT LOCATION OF THE TRAFFIC STOP IS PROBABLY COLLECT FROM YOU CITATION SYSTEM TO THE [INAUDIBLE] ON
THE TREAT IS CURRENTLY CORRECT ON THE CITATION SYSTEM. CURRENTLY THE OBSERVATION BY THE STATE TROOPER AS
TO THE RACE OF
THE DRIVER IS NOT COLLECTED AS PART OF THE E
CITATION SYSTEM. BUT IT'S AN EMPTY FIELD AS IT WAS SIMPLY A MATTER OF
ADDING THAT FIELD ONTO THE E CITATION SO THAT IT
IS COLLECTED. >> REPRESENTATIVE LUCERO: THANK YOU; MR. CHAIR.
SO THEN THE COMMISSIONER STATED IN REGARD TO THE AMENDMENT TO THE
AMENDMENT THAT WAS THE OPINION OF THE COMMISSIONER THAT
IMMIGRATION STATUS
IS NOT; WOULD NOT BE RELEVANT TO
THE STATE OF PUBLIC SAFETY IS
THE REASONING
AGAINST THE AMENDMENT TO THE AMENDMENT. ONE OF THE
IMMIGRATION STATUS
IS NOT GERMANE TO
THE SAFETY COULD I WOULD BEG TO DIFFER WITH
POTENTIAL UNINSURED
MOTORISTS DRIVING
BUT IT IMMIGRATION STATUS IS NOT
RELEVANT TO PUBLIC SAFETY HOW IS
THE ETHNICITY
OF SOMEBODY RELEVANT TO PUBLIC
SAFETY? [INAUDIBLE] ETHNICITY OR RACE WOULD NOT
BE ELECTED. >> TESTIFIER: MR. CHAIR;
REPRESENTATIVE LUCERO; IT'S MY OPINION THAT COLLECTING
DEMOGRAPHIC DATA GIVES A MUCH
RIC
HER BACKGROUND FOR WHO IS DRIVING ON THE STATE OF
MINNESOTA ROADS AND GIVES US
A BETTER WAY
OF ASSESSING HOW WE WOULD DO EDUCATION AND
PREVENTION ACTIVITIES IN
THAT REGARD. WHETHER THEY ARE HERE
IS A CURRENT RESIDENT
OR NOT DOES NOT
REALLY IMPACT THAT ONE WAY OR ANOTHER. SO IN MY MIND;
IT IS NOT GERMANE TO INCREASING
SPIRIT GERMANE
TO REDUCING THE NUMBER OF PEOPLE WHO ARE DRIVING
WITH AN ELECTRONIC DEVICE IN
THEIR HANDS
AS TO WHERE THEY CAME
FROM ORIGINALLY WITH THEIR IMMIGRATION
STATUS IS. >> CHA
IR MARIANI: REPRESENTATIVE LUCERO >> REPRESENTATIVE LUCERO: THANK YOU; MR. CHAIR. THEN UNDER THE QUESTION FOR THE BILL AUTHOR.
SO GOING BACK TO THE SAME SECTION ON THE
ORIGINAL AMENDMENT IT SAYS PERSON
AL OBSERVATION. THEN I CAN RESUME THERE WOULD NOT BE ANY QUESTIONS ASKED BY LAW ENFORCEMENT OFFICER TO THE MOTOR VEHICLE DRIVERS;;
BUT IF THEY DID ASK A QUESTION FOR THE PERSON REFUSE TO ANSWER AND IF THEY REFUSE TO ANSWER
WITH A BE VIOLATING THE LAW
BY NOT COOPERATING WITH THE
POLICE OFFICER? >>
REPRESENTATIVE HORNSTEIN: MR. CHAIR AND
REPRESENTATIVE LUCERO;
TO THE FIRST QUESTION ASKED BEFORE THIS QUESTION;
THAT I WANT TO ADDRESS
BECAUSE LAST; THE REASON THAT THIS IS
EXISTING; WE ARE LOOKING AT AN
EXISTING FRAMEWORK -- THE E
CITATION OUR. SO THAT'S ALREADY IN EXISTENCE. I WANT TO ADDRESS THE QUESTION FIRST. SECONDLY; I'LL JUST DEFER TO COMMISSIONER HARRINGTON ON THE NUANCES
OF THE INTERACTION BETWEEN
LAW ENFORCEMENT AND FOLKS THAT THEY
GET STOPPED FOR A TRAFFIC STOP IN TERMS OF THE KINDS OF QUESTIONS THAT ARE ASKED
AND HOW THAT WOULD RELATE TO
THE STUDY. IF THAT'S OKAY MR. CHAIR >> CHAIR: YES; OF COURSE.
SPECIFICALLY COMMISSIONER;
I'M A LITTLE TURNED AROUND HERE ON THE QUESTION BECAUSE
I GUESS THE QUESTION ON THE TABLE IS THE CREATION
OF A [INAUDIBLE] BY VIRTUE OF MAKING
THE OBSERVATION.
THE DEMOGRAPHICS OF THE DRIVER BUT
PLEASE MISSION. >> TESTIFIER: MR. CHAIR;
REPRESENTATIVE LUCERO; IF I UNDERSTAND YOUR QUESTION RIGHT;
IF I TROOPER WAS TO
ASK QUESTIONS OR DURING A
TRAFFIC STOP IN THE PERSON DECLINED
TO ANSWER I DO NOT BELIEVE THAT
WOULD BE A VIOLATION
OF STATUTE OUTSIDE OF THE
CONTEXT OF MY CONCERN SOME OF THE AREAS WHERE WE ARE VERY SPECIFICALLY
THE AYES HAVE IT. WERE REQUIRED
TO PROVIDE A DEMOLITION PROOF
OF INSURANCE. THESE THINGS THAT TROOPER WOULD BE ABLE TO ASK
THOSE QUESTIONS
IF THEY WERE NOT SATISFACTORY
OR REFUSAL GET THAT INFORMATION; THOSE LAWS
WOULD THEN BE IN
PLACE BUT IF WE WERE ASKING A QUESTION
ABOUT ETHNICITY
WERE AGE; WHICH SHOULD BE ON THE DRIVERS LICENSE; ONCE AGAIN; THAT WOULD
NOT BE [INAUDIBLE]
COVERED BY ANY STATUTORY LAW SO I DO NOT SEE THAT AS A
SECONDARY VIOLATION. >> CHAIR
MARIANI: REPRESENTATIVE
DEHN. >>
REPRESENTATIVE DEHN: THANK YOU; MR. CHAIR.
AS I'M LOOKING AT THE AMENDMENT TO
THE AMENDMENT AND I'M LOOKING AT THE ORIGINAL AMENDMENT LINE
1.6 THE AMENDMENT TO THE
AMENDMENT SAYS
DELETE CITIZENS AND I ACTUALLY DON'T THINK WE COULD DELETE CITIZENS WITHOUT DELETING
THE; OF; IN FRONT OF IT BUT I
THINK THIS AMENDMENT TO THE AMENDMENT SHOULD BE DIVIDED
BETWEEN LINE 1.3 AND 1.4
AND I WOULD RECOMMEND THAT
WE APPROVE THE FIRST HALF
OF THAT WE WOULD CHANGE LINE 1.6
LINE 1.62; SHALL OVERSEE A STUDY ON
TRAFFIC STOPS TO DETERMINE AND
JUST REMOVE
CITIZENS; BECAUSE IN MANY WAYS AS WE
BEGIN TO USE THE TERM; CITIZEN AND THEN WE BEGIN TO GET INTO THAT
NOTION; WELL ARE THEY A DOCUMENTED CITIZEN; WHAT WE MEAN BY THAT. I THINK WE REMOVE
THE COMPLETELY
; OF CITIZENS; WE SORT OF GO
BEYOND THAT. I WOULD REQUEST THAT WE DIVIDE THIS BE
A MOMENT AND TAKE UP THESE 2
ISSUES SEPARATELY.
>> CHAIR MARIANI: AVAILABLE.
REPRESENTATIVE DEHN WAS TO DIVIDE THE A - 6
AMENDMENT BETWEEN LINES 1.3 AND 1.4. I'M GOING TO TO LEGAL COUNSEL TO
MAKE SURE I'M CORRECTLY
STATED THAT. AND THEN
REPRESENTATIVEDEHN ASKEDWE
ACT ON THE FIRST PART OF
THAT AMENDMENT. I'LL BE CLEAR;
MEMBERS? DISCUSSION? >>
REPRESENTATIVE NASH: IS TO CHAIR IF HE
COULD HAVE LEGAL COUNSEL WHAT THE
APPLICATIONS AWAY A
POSITION IS. >> CHAIR MARIANI: SUMMIT.
LEGAL COUNSEL CAN WALK THROUGH
THE DIVISION SO WE ARE
ALL CLEAR WHAT THE DIVISION IS.
WHERE THE DIVISION IS.
>> STAFF: MR. CHAIR AND MEMBERS THE MOTION WILL BE TO
DIVIDE BETWEEN LINE 1.3 AND 1.4 ON THE
SPEED LIMIT THE EFFECT WOULD BETRAY 2 SEPARATE
AMENDMENTS TO THE FIRST AMENDMENT WOULD BE TO DELETE THE WORD; CITIZENS
. THE 2ND AMENDMENT WOULD BE TO MAKE THE OTHER CHANGES IN THAT AMENDMENT TO
THE AMENDMENT. >> CHAIR MARIANI: LET ME
REPRESENTATIVE DEHN;
I THINK WERE NOT QUITE
CAPTURING THIS. THERE'S A TECHNICAL ISSUE WITH THE WORD; OF. >> REPRESENTATIVE DEHN: YES
MR. CHAIR. I FIND
IT DIFFICULT TO DELETE THE WO
RD; CITIZEN COULD IT WOULD ACTUALLY READ; THEN SHALL OVERSEE A STUDY ON TRAFFIC STOPS
OF TO DETERMINE. SO I THINK WE SHOULD INCLUDE
THE; OF; AS AN
ORAL AMENDMENT TO THE AMENDMENT IF THAT'S POSSIBLE BECAUSE IT JUST MAKES SENSE
AS FAR STATUTORILY TO HAVE IT READ; EXACTLY HOW WE WANTED TO READ >>
CHAIR MARIANI: CHAIRMAN DEHN THE CHAIR DOES FIND
A MINOR AND
TECHNICAL AMENDMENT OR ADDITION TO
THIS AMENDMENT SO I WILL ALLOW THAT
PERHAPS I CAN HAVE LEGAL COUNSEL GO THROUGH IT AGAIN.
>> STAFF: MR. CHAIR
AND MEMBERS; IT WOULD READ
LINE 1.3 OF THE AMENDMENT TO THE AMENDMENT WOULD READ; PAGE 1; LINE 6; DELETE QUOTE; THE
NEW LANGUAGE
OF CITIZENS AND QUOTATION. THAT WOULD BE
ONE AMENDMENT. THE 2ND AMENDMENT WOULD BE THE REMAINDER
FROM PAGE 1; LINE 4 THROUGH PAGE 1
LINE 8.
>> CHAIR MARIANI: REPRESENTATIVE DEHN; THE EFFECT OF THAT WOULD BE THAT
ANY STOP OF
ANY INDIVIDUAL WOULD BE INVOLVED IN >> REPRESENTATIVE DEHN: MR. CHAIR COME I BELIE
VE WITH THE AUTHOR'S INTENT OF ANY STOP OF
ANY INDIVIDUAL. >>
CHAIR MARIANI: REPRESENTATIVE HORNSTEIN IS THAT CORRECT >>
REPRESENTATIVE HORNSTEIN: REPRESENTATIVE DEHN IS CORRECT. >> CHAIR MARIANI:
VERY WELL. SO MEMBERS ARE GOING TO VOTE ON THE FIRST PART OF THE
DIVIDED AMENDMENT.
REPRESENTATIVE LUCERO ON THIS POINT >> REPRESENTATIVE LUCERO: I WANT TO MAKE SURE I UNDERSTAND. SO MY UNDERSTANDING
IF THE AMENDMENT IS DIVISIBLE EACH PART HAS TO STAND ON ITS OWN
AND BASED ON THE CONVERSATION THAT TOOK PLACE IT WOULD NOT BE DIVISIBLE BECAUSE EACH PART DOES NOT STAND ON ITS OWN. BUT THEN THE AMENDMENT
THE AMENDMENT TO THE AMENDMENT TO
THE AMENDMENT I'M NOT SURE THAT'S AN ORDER. >>
CHAIR MARIANI: REPRESENTATIVE LUCERO I'VE BEEN TOLD BY LEGAL COUNSEL IT'S NOT A
AMENDMENT TO THE AMENDMENT TO THE AMENDMENT IT'S A ISSUE
IT'S AN ORAL AMENDMENT AND THAT IS
IN ORDER TO YOUR FIRST QUESTION
WHETHER OR NOT THESE
2 PIECES CAN STAND ALONE;
ALASKA LEGAL COUNSEL'S OPINION ON THIS.
>> STAFF: MR. CHAIR MEMBERS I
BELIEVE POSSIBLY IT'S
YOUR DECISION ABOUT WHETHER OR NOT BUT THE ADVICE I CAN GIVE
IS THAT
THE DELETION OF THE PHRASE; OF CITIZENS; WITHOUT
DIRECTLY AFFECT THE
CHANGES MADE ON THE OTHER LINES IN
THE AMENDMENT.
THAT'S ALL. >> CHAIR MARIANI:
SO MEMBERS THE CHAIR FIND
S BOTH PROVISIONS STAND ON THEIR OWN. FURTHER QUESTIONS ON THE FIRST PART OF
THE AMENDMENT? ALL RIGHT.
IF NOT; THEN ALL THOSE IN FAVOR
SAY; AYE. --
REPRESENTATIVE LUCERO >>
REPRESENTATIVE LUCERO: WAS A ROLLCALL ON THE AMENDMENT
TO WOULD NOTE WILL COST IN OUR DIVISION AS WELL SPEW >>
CHAIR MARIANI: I THINK NOT BUT I'M SORELY OPEN TO A
ROLLCALL REQUESTED
>> REPRESENTATIVE
LUCERO: REQUESTED
MR. CHAIR >>
CHAIR MARIANI: REPRESENTATIVE LUCERO ASKED FOR A ROLLCALL OF THE
FIRST PART OF THE
DIVIDED AMENDMENT. THIS IS GETTING A LITTLE -- >> >> [LAUGHING] >> CHAIR MARIANI: IT'S KIND
OF FUN.
ALL RIGHT. MEMBERS; WE ARE VOTING
ON 1.1-1.3 WHICH IS THE FIRST PART OF THE
DIVIDED AMENDMENT. ALL THOSE IN FAVOR
SAY; AYE. [CHORUS OF AYES.]
-- ROLLCALL.
THE CLERK WILL TAKE THE ROLL.
>> STAFF: MARIANI AYE;
CHRISTIANSEN --;
CONSIDINE NAY DEHN AYE; EDELSON AYE;
GROSSELL NAY; HOWARD AYE;
JOHNSON -- LESCH --;
LONG AYE; LUCERO AYE;
MILLER [INAUDIBLE] NAY; MOLLER AYE;
NASH NAY; O'NEIL NAY;
PINTO AYE;
POSTON NAY. >> CHAIR MARIANI: THE VOTIVE
10 AYES AND 6 NAYS
THE MOTION PREVAILS.
>> [GAVEL] >> CH
AIR MARIANI: WE NOW THE 2ND PART OF THE AMENDMENT BEFORE US WITH WHICH IS LINE
1.4-11.8. DISCUSSION? I DO HAVE A LIST
OF FOLKS. IS THE LIST
TO THESE REPRESENTATIVE JOHN >>
REPRESENTATIVE LONG: THANK YOU; MR. CHAIR.
COMMISSIONER HARRINGTON
YOU ADDRESSED THE PUBLIC SAFETY ISSUE
AROUND WHETHER OR NOT THIS LANGUAGE OF
THE RELEVANT TO TEXTING
WHILE DRIVING COUNTRIES ABOUT THE BROADER PUBLIC SAFETY APPLICATIONS BASKET ABOUT
IMMIGRATION STATUS
. IT'S MY UNDERSTANDING THAT
IMMIGRATION ENFORCEMENT IS THE PROVINCE OF THE FEDERAL GOVERNMENT AND NOT THE STATE
HIGHWAY PATROL AND THAT ASK ABOUT IMMIGRATION STATUS COULD HAVE
NEGATIVE CONSEQUENCES
FOR INDIVIDUALS TRUSTING THE POLICE AND THEIR
WILLINGNESS TO
REPORT CRIMES OF THE WITNESSES 2 G AND I'M WONDERING IF THAT IS AN OPINION YOU SHARE THAT IF YOU HAVE
CONCERNS ABOUT THE PUBLIC SAFETY APPLICATIONS BASKET ABOUT
IMMIGRATION STATUS? >> TESTIFIER: MR. CHAIR;
REPRESENTATIVE TREMONT;
IN MY 40 YEARS OF POLICING
WE HAVE LEARNED MANY
THINGS ABOUT ENFORCEMENT OF IMMIGRATION. ARE
ABSOLUTELY CORRECT THAT
IMMIGRATION ENFORCEMENT IS THE PROVINCE OF THE UNITED STATES
FEDERAL GOVERNMENT AND IT IS NOT IN THE PROVINCE
OF LOCAL STATE OR COUNTY
POLICE. SO IT DOES NOT APPROPRIATELY
BELONG WITHIN
THE PROVINCE OF THE MINNESOTA
STATE PATROL. IN ADDITION TO THAT;
IT IS ALSO BEEN OUR EXPERIENCE THAT
INQUIRING INTO
IMMIGRATION STATUS IS A
CHILLING EFFECT ON VICTIMS OF CRIME WITNESSES
OF CRIME; AND THOSE ARE
THE FOLKS THAT WE IN FACT HAVE TO
DEPEND ON IN ORDER TO GET
INFORMATION ABOUT
CRIMINAL ACTIVITY AND THE THREATS TO OUR
SAFETY. SO ASK ABOUT IMMIGRATION STATUS ON A
BROAD BASIS WHERE
IT'S NOT RELEVANT TO A PARTICULAR
CRIMINAL ACTIVITY SUCH AS
HUMAN TRAFFICKING OR ILLEGAL
NARCOTICS TRAFFICKING OUTSIDE OF THAT HAS A NEGATIVE EFFECT IN TERMS OF
REGARDING INFORMATION POLICE AND PUBLIC SAFETY OFFICIALS CAN RELY ON TO KEEP US ALL SAFE.
>> CHAIR MARIANI:
REPRESENTATIVE MOLLER.
I'M SORRY
REPRESENTATIVE MILLER. >> >> [LAUGHING]
>>
REPRESENTATIVE MILLER: MR. CHAIR;
THANK YOU. I'VE A QUESTION TO THE BILL AS ABOVE SO I CAN ASK HER
I DON'T ADD CONFUSION >> CHAIR MARIANI: WHEN WE DO IT AFTER AND MAKE SURE [INAUDIBLE]
>> REPRESENTATIVE MILLER: I DO HAVE SOMETHING FOR THIS; REAL QUICK. THANK YOU; MR. CHAIR.
I'M SUPPORTING
BASICALLY THESE AMENDMENT TO THE AMENDMENT FROM
REPRESENTATIVE NASHAND IT'S A
CONSISTENCY THING. I
HEARD THAT IS THE OPINION OF THE OFFICER
AS A GOAL TO MAKE ROADS SAFER.
. MAKE ROADS SAFER. OKAY; I GET
THAT PART;
BUT THEN EVERYTHING THAT YOU JUST
SAID CONTRADICTS LINES 1.15 AND LINES 1.16
WHICH IS
RACING; ETHNICITY OF THE DRIVER AND THE GENDER OF
THE DRIVER. I'M CONFUSED BY COUPLE THINGS I WOULD LIKE YOU
TO ADDRESS. HOW THE GENDER OF
THE DRIVER IS IMPORTANT TO KNOW HOW SAFE THE ROADS ARE? I MEAN IF WE FIND OUT THERE'S MORE MEN THAN WOMEN THAT ARE TEXTING
WHILE DRIVING WE CHANGE THE LAW TO REFLECT IS THAT MEN CAN'T
DO CERTAIN THINGS AND WHEN
CAN THEN; WITH THE RACE AND ETHNICITY
THE DRIVER THAT SORT OF IS STUNNING TO ME THAT WE ARE ACTUALLY GOING TO
-- IF THERE'S ONE CONVERSATION WE HAD IN SOCIETY LAST COUPLE YEARS
IT'S ABOUT PROFILING PEOPLE AND NOW WE ARE GOING TO PURPOSELY
PROFILE PEOPLE OFF THE STUDY. WE ARE GOING TO ASK AN OFFICER TO DETERMINE YOU ARE THIS RACE OR YOU ARE THIS
ETHNICITY AND I'M GOING TO RECORD THAT.
ACTUALLY; WITH THIS INFORMATION I ASSUME THIS COULD BE A NAME ATTACHED TO THIS EBAY SCRUB
THAT THAT OUT WHEN YOU DO ANNOUNCE THAT WE ARE
RUNNING INFORMATION
BASED OFF OF SOMEONE'S -- WHAT HAPPENS IF THERE'S A SPECIFIC RACE THAT IS
OFF THE CHARTS AND TEXTING
WHILE DRIVING? WHAT EXACTLY ARE YOU GOING TO DO WITH THAT AND HOW DOES THAT
IMPROVE SAFETY OF D
RIVING? SO I GET YOUR ARGUMENT OF WHY YOU
DON'T INCLUDE; I DON'T TOTALLY AGREE WITH THAT BUT I GET THE
COUNTRY OF ORIGIN
AND NATIONALITY; THAT SORT OF STUFF; BUT IF YOU WERE TO BE CONSISTENT WITH AN ARGUMENT AND CERTAINLY YOU
CAN INCLUDE NUMBER 3 AND 4 AND
THE LISTED NOT QUITE
UNDERSTAND WAYS SAYING ONE AND DOING ANOTHER. IF YOU COULD CLARIFY THAT FOR ME?
>> TESTIFIER: MR. CHAIR;
REPRESENTATIVE MILLER; I'M GET
A RIGHT GET THIS RIGHT BEFORE IT'S
ALL OVER. THE ISSUE OF RACIAL PROFILING IS AN
IMPORTANT ONE. THE TERM
RACIAL PROFILING REALLY SPEAKS TO THE
ISSUE OF
OFFICERS USING THE RACE OF THE DRIVER AS
A RATIONALE FOR MAKING
THE STOP AND WHAT THIS DOES IS
SIMPLY RECORD THE RACE OF
THE DRIVER AFTER AND A LOT. THAT WAS
RACE NEUTRAL AND ESSENTIALLY
A SPLINE. SO I DO NOT BELIEVE
THIS BILL DO IS INCREASE
RACIAL PROFILING BUT WILL DO IS PROVIDE
INFORMATION SO MINNESOT
A STATE PATROL AND THE COUNCIL AND OTHERS CAN DO A BETTER JOB OF
ADDRESSING CONCERNS
ABOUT A COMMITTEE ABOUT WHETHER THERE IS RACIAL PROFILING AND IT WILL ALSO ALLOW US; FOR EXAMPLE; IN THE CASE OF
GENDER IT MAY ALSO ALLOW US TO DO A BETTER JOB IN
OUR PREVENTION AND
EDUCATION ACTIVITY. IF WE KNOW
THE BACKGROUND OF THE DEMOGRAPHICS OF THE DRIVERS WERE
MOST FREQUENTLY TEXTING
WHILE DRIVING; CAN WE NOT
APPLY THAT AS WE APPROACH
IN SCHOOLS DURING OUR GENERAL ADVERTISING
; AS WE ARE TRYING TO DESIGN
PREVENTION ACTIVITIES
. WE WILL BE ABLE TO TAILOR THOSE
EDUCATIONAL ACTIVITIES TO THE SPECIFIC GROUPS THAT IS THE
MOST OFTEN
OFFENDED. NOW IT MAY WELL BE THIS IS IN FACT A
UNIVERSAL OFFENSE AND THERE IS
NO SPIKES IN WHICH CASE A GENERAL APPROACH WHICH WE ARE USING A WHICH IS SORT OF A GENERAL
APPROACH INSANE EVERYONE SHOULD ACT SAFELY; MAKE SENSE; BUT WITH
ADDITIONAL DEMOGRAPHIC INFORMATION WE WILL BE ABLE TO
TAILOR MAKE SOME OF OUR
EDUCATIONAL APPROACHES. IT WILL NOT CHANGE OUR ENFORCEMENT APPROACH BUT ENFORCEMENT HAS TO BE BASED ON
MAKING AFREC THAT THE GOLD STANDARD FOR POLICE ENFORCEMENT IS THAT WHAT
WE DO IS BASED ON THE BEHAVIORS
WE OBSERVE
NOT ON THE RACE AND ETHNICITY OR GENDER OF THE PERSON WAS ACTUALLY COMMITTING THE OFFENSE.
>>
REPRESENTATIVE MILLER: THANK YOU; MR. CHAIR. COMMISSIONER I HEARD YOU
SAYING THAT LET ME PLAY THAT
UP YOU WAS A REPRESENTATIVE HORNSTEIN GETS PULLED OVER BECAUSE HE JUST GETS UP
WATCHING YOUTUBE WAS HEADING DOWN THE ROAD.
>> REPRESENTATIVE HORNSTEIN: I DON'T DRIVE MR. CHAIR >> >> [LAUGHING] >> >> [MULTIPLE VOICES.]
>> REPRESENTATIVE MILLER: THE OFFICER PUTS IN
A JEWISH DRIVER BECAUSE THE TERMINATION IS; GOOD GUESS; RIGHT?
REPRESENTATIVE GENERALLY LOVE YOU; YOU KNOW THAT RECORD BUT SAY PUTS IN THERE IS A
TREND THAT
THE WAY I'M HEARING THIS SO PLEASE TELL ME IF I'M LOOKING AT THIS WRONG; WHAT I'M HEARING IS WHAT IF THERE'S
A TREND
THAT THERE IS JEWISH DRIVERS WHO HAVE A PROBLEM
WATCHING YOUTUBE BOTHER DRIVING DOWN
THE ROAD I'M NOT SAYING THAT'S THE CASE BUT 3
OUT OF HYPOTHETICAL. YOU COME BACK AND SAY WE NEED TO MODIFY EDUCATION BASED ON THE INFORMATION THAT
WE RECEIVE. HOW ARE YOU
NOT HOLDING PEOOPLE WHO
ARE JEWISH AT A DEFERENTIAL TREATMENT OF
THE LAW BASED ON THEIR RACE?
WHEN YOU SAY SOMEONE IS NOT TO BE THE LAWS THAT COULD BE HELD DIFFERENT BEFORE THEM BASED ON RACE OR ETHNICITY
OR GENDER; OKAY; I'M NOT HEARING IT BECAUSE YOU'RE SAYING YOU MAY HAVE TO CHANGE THE EDUCATION ON HOW YOU TRAIN PEOPLE.
I UNDERSTAND THE VALIDITY OF THE FACT WE PROBABLY NOT TO SEE
THAT TREND BUT WE ARE GOING TO THE OTHER TO OTHERWISE YOU'RE NOT BE MEASURING THIS
YOU JUST TOLD ME YOU ARE GOING TO CHANGE HER EDUCATION MODEL BASED OFF OF WHAT
YOU SEE THOSE TO ZACHARY EDUCATION FOR THE DRIVER
OF EDUCATION FOR THE
POLICE WERE WHO EXACTLY IS THAT EDUCATION FOR? >> TESTIFIER: MR. CHAIR; REPRESENTATIVE MILLER;
I APPRECIATE YOUR CLARIF
ICATION BECAUSE WHEN I SAY EDUCATION ONE TALK ABOUT HIS EDUCATION FOR THE DRIVERS.
SO IN GIVING YOUR EXAMPLE WHAT I WOULD THEN SUGGEST IS THAT
IF THERE WAS A SPIKE THAT SHOWED THAT
JEWISH DRIVERS WERE
DRIVING DISTRACTED MORE
OFTEN THAN WHERE WOULD I GO TO HAVE THE MOST
EDUCATIONAL IMPACT TO
MAKE SURE WE ARE INFORMING THEM ABOUT THE FACT THAT ARE
DRIVING DISTRACTED THEY ARE .3 TIMES MORE AT RISK
AND NOT DRIVING DISTRACTED. CAN I NOT GO TO
SYNAGOGUES? COULD I NOT
GO TO JEWISH COMMUNITY SCHOOLS IN THAT CONVERSATION.
IT'S NOT IN ENFORCEMENT ACTIVITY IS AN
EDUCATIONAL ACTIVITY
TO CAUSE THEM TO CHANGE
THE BEHAVIOR BY SIMPLY MAKING THEM BETTER INFORMED DRIVERS ON THE ROAD.
SO THIS WILL NOT HAVE
AN IMPACT ON ENFORCEMENT. WHAT WE HOPE
TO HAVE IS AN IMPACT
ON THE BEHAVIORS AND THEREBY
REDUCING THE BEHAVIORS REDUCE THE CRASHES IN THE MAKES OF US
MUCH SAFER. >> REPRESENTATIVE MILLER: ONE FINAL COMMENT TO MR. CHAIR AND I'LL BE DONE. THANK YOU; MR.
CHAIR. WELLWE'RE SPENDING
>> TESTIFIER: IF AND WERE PROBABLY HALF AN HOUR ON A AMENDMENT TO
A AMENDMENT ON A AMENDMENT. I
WOULD ENCOURAGE ACTUALLY FORGET WHO THE AMENDMENT IS IT FROM YOU?
OKAY. I WOULD ENCOURAGE YOU REPRESENTATIVE HORNSTEIN A LOT OF TIMES THE COMMITTEES
TO MAYBE GO BACK AND WORK ON ITAND
SO MAYBE IF YOU
WOULD CONSIDER AFREC BECAUSE IT'S MOVED TO OTHER PLACES; REGULAR IS MOVING TO DO JUST WE BELIEVE MR. CHAIR
>> CHAIR MARIANI: I BELIEVE SO >> REPRESENTATIVE MILLER: IF PERHAPS
THE AMENDMENT IS UP WITH THAT WE CAN HAUL IT OFF AND HAVE THAT WE ADDRESS
ANOTHER COMMITTEE'S WITH SOME OF THESE THINGS CAN ADDRESS SO I FRANKLY DON'T SEE THE CLARITY
AND I THINK THAT THERE WERE QUICK READING ROLL CALLS AND 35; 45 MINUTES
OF DISCUSSION SO THAT'S MY RECOMMENDATION.
I RESPECT WHATEVER YOU DO BUT THAT'S MY RECOMMENDATION. >> CHAIR MARIANI:
REPRESENTATIVE HORNSTEIN IS SUGGESTED TO HIM HIS BOAT ON THE AMENDMENT IT IS THE CHAIRS
AND TO HAVE US BUILD ON
THIS BILL. IT WILL BE UP TO THE COMMITTEE TO SEE WHERE THIS BILL MOVES FORWARD AND AT
THAT POINT IT'S THE
NEXT COMMITTEE'S DUTY TO WORK FURTHER. SO
QUITE FRANKLY; REPRESENTATIVE HORNSTEIN; THAT'S THE
CHAIRS INTENT.
COMMISSIONER; LET ME ASK YOU 3 QUESTIONS OF I MIGHT. IN THE
LAST GENERATION THERE HAS BEEN CONCERN ABOUT
RACIAL PROFILING.
NOT JUST HERE BUT ALL ACROSS THE COUNTRY. RACIAL PROFILING IN FACT SOMETHING LAW
ENFORCEMENT UNDERSTANDS
IS REALITY AND TAKE
SERIOUSLY? MR. >> TESTIFIER: MR. CHAIR; RACIAL
PRIVATELY PROFILING >> TESTIFIER: MR.
CHAIR; OBSOLETE RACIAL PRIVATELY DOING STUDIES
OUT OF NEW JERSEY AND ALL THE UNITS IT HAS DEFINITELY BEEN A CONCERN FOR POLICE AND
WE SPENT YEARS AND YEARS
WE TRAINING OFFICERS TO MAKE SURE THAT OUR POLICING WAS
RACE NEUTRAL AND WAS
BLIND; ESSENTIALLY. TO
THAT POINT; THE MINNESOTA POST
BOARD REQUIRES EVERY POLICE OFFICER THAT
GOES THROUGH POST STANDARDS TO
BE TRAINED IN PROCEDURAL JUSTICE..
WE REQUIRE THEM ALL TO
GO THROUGH IMPLICIT
BIAS TRAINING ALL OF WHICH
ARE SUPPLEMENTS TO TEACH THEM ABOUT THE
GOLD STANDARD OF POLICING WHERE RACE
CANNOT BE A VARIABLE IN
MAKING DECISIONS EITHER TO PULL A CAR OVER OR TO TAKE ENFORCEMENT ACTION. SO IT'S ABSOLUTELY A CONCERN THAT HAS LONG-STANDING
IN POLICE AND PEACE AND
PUBLIC SAFETY. IT CONTINUES TO BE A CONCERN IN PUBLIC
SAFETY CONVERSATIONS AND CRIMINAL JUSTICE CONVERSATION. >>
CHAIR MARIANI: SO COMMISSIONER IT SEEMS TO ME THAT AS WE
MOVE TO ADDRESS THAT; WE ARE
NOT ADDRESSING THE MYTHICAL THING.
RACIAL PROFILING IS
AN ISSUE. WE CAN AGREE OR DISAGREE TO WHAT DEGREE
BUT IT SEEMS TO ME RACIAL PROFILING IS AN ISSUE
IN THE STATE OF MINNESOTA AM I CORRECT?
>> TESTIFIER: MR. CHAIR; THAT IS ABSOLUTELY CORRECT. OUR MO
ST RECENT POSITION AS CHIEF OF POLICE THAT METRO TRANSIT IT BECAME AN ISSUE THERE
AND THIS RESPONSE IS VERY SIMILAR TO THE RESPONSE WE CRAFTED AT METRO TRANSIT OF COLLECTING DATA; SO THAT WE COULD DO A
BETTER JOB OF EDUCATING THE OFFICERS
; TRAINING OFFICERS IS A MORE
APPROPRIATE WAY
TO DESCRIBING IT; BUT ALSO MAKING SU
RE WE EDUCATED OUR PASSENGERS AS TO WHAT THEY COULD
REASONABLY EXPECT FROM POLICE WHEN THEY ARE BEEN STOPPED. >> CHAIR MARIANI: COMMISSIONER; WANT TO THANK YOU FOR YOUR WORK IN
THAT REGARD WHEN YOU ARE AHEAD
OF OUR TRANSIT. MY
UNDERSTANDING IS THAT HAS FOSTERED A LEVEL OF
COMMUNITY OWNERSHIP
AND PARTICIPATION IS WHAT WE WANT FROM OUR LAW
ENFORCEMENT ACTIVITIES. WITH THAT
; I'M GOING
TO CONTINUE.. WE HAVE SEVERAL
OTHER QUESTIONS. REPRESENTATIVE GROSSELL. >>
REPRESENTATIVE GROSSELL: THANK YOU;
MR. CHAIR. THANK YOU; COMMISSIONER; FOR MAKING
THAT STATEMENT. WE ARE SUPPOSED
TO BE RACE NEUTRAL AND BLIND.
WHEN WERE DOING WITH
THESE THINGS. I CUT A LITTLE FACT THE OTHER DAY FOR SAYING THAT
SAME THING. PART OF ME. PEOPLE DON'T BELIEVE ME BUT I HOPE THEY BELIEVE YOU. SO THANK YOU FOR BRINGING THAT OUT AGAIN.
YOU KNOW YOU TALK ABOUT THE
FEDERAL AGENCIES;; A STATE LAW
ENFORCEMENT AGENTS;
I'M A RETIRED DEPUTY SHERIFF AND
WE ARE
TO COOPERATE WITH THE FEDERAL LAW ENFORCEMENT AGENCIES AS WELL; ARE
WE NOT? >> TESTIFIER: MR. CHAIR; REPRESENTATIVE GROSSELL; YES;
THAT'S TRUE.
>> REPRESENTATIVE GROSSELL:
AND PEOPLE HAVE BEEN
HAVING TROUBLE WITH MY NAME SINCE I WAS A LITTLE KID. THE
THANK YOU; MR. CHAIR. >> CHAIR MARIANI:
REPRESENTATIVE >> TESTIFIER: IF AND I THOUGHT YOU WERE DONE.
YOU AND I WE ARE GOING TO CONNECT TO
REPRESENTATIVE GROSSELL >> REPRESENTATIVE GROSSELL: THANK YOU; MR. CHAIR. SO COMMISSIONER I GUESS
THE AMENDMENT TO
THE AMENDMENT HOW WOULD THAT
BE HELPFUL IN MAKING SURE WE ENSURE THAT
WE KEEP THAT COOPERATION
BETWEEN AGENCIES TO HELP EACH OTHER IN
THESE THINGS? BECAUSE OVER MY YEARS IN LAW ENFORCEMENT
AND MADE SEVERAL TRAFFIC STOPS
IN THE MIDDLE OF
THE NIGHT AND HAVE FOUND OUT THAT THE INDIVIDUAL INSIDE OF
THE VEHICLE IS WITHOUT A MINNESOTA DRIVER'S LICENSE; IS WITHOUT
A PASSPORT
OR A WORK VISA OR ANYTHING. THEY ARE
HEARING ILLEGAL. I HAVE HAD TO HOLD
THEM FOR
BORDER PATROL OR SOMEONE TO COME AND TAKE CARE
OF THESE INDIVIDUALS.
I GUESS WHY WOULD THIS INFORMATION HELP
IN THIS LETTER TO MAKE SURE
WE HAVE THE
BEST PEOPLE FOR THE SAVE HIS PEOPLE DRIVING ON
THE ROADS?
>> TESTIFIER: MR. CHAIR;
REPRESENTATIVE GROSSELL; IN
MY EXPERIENCE FIRST OF
ALL THE IMMIGRATION ENFORCEMENT ACT
THAT MOST FOLKS ARE IN VIOLATION OF
IS A CIVIL ACTED IT'S NOT A CRIMINAL ACT AND AS
A CONSEQUENCE IT IS A
BLENDING WERE BLURRING OF THE LINE TO
SAY THAT POLICE OFFICERS WHO ARE INVESTIGATING A
CRIMINAL INFRACTION SHOULD IN
FACT BE SUBSTITUTING THEMSELVES
INTO THE DOING
CIVIL ENFORCEMENT FOR THE FEDERAL GOVERNMENT.
IN ADDITION
TO THAT; AND I SPENT AT LEAST THE LAST 20 YEARS HAS
BEEN THAT MOST APARTMENTS
HAVE FOUND THAT IF THEY CALL THE DUTY OFFICER BACK IN THOSE DAYS THE WAY WE DID;
THE UNITED STATES GOVERNMENT WAS ABSOLUTELY NOT INTERESTED IN SOMEONE WHO HAD HAD A DRIVERS
LICENSE VIOLATION.
YOU ARE ONLY INTERESTED IF THIS
WAS RELEVANT TO A SIGNIFICANT CRIMINAL
VIOLENCE CRIME AND AS I SAID;
WITH THE RARE EXCEPTION WHERE YOU ARE INVESTIGATING ABOUT OR IMMIGRATION STATUS
IS RELEVANT TO
THE CRIME; I FIND THAT IT HAS A REVERSE EFFECT BY ASKING
THE QUESTION THE GENER
AL PUBLIC. ASKING A QUESTION WILL CAUSE YOU TO HAVE
PEOPLE WITHDRAW; NOT GIVE YOU
MORE INFORMATION THAT MAKES US
LESS SAFE.
IN ANY CASE; THE CIVIL VIOLATION OF WHAT
WE ARE'S OVERSTAYING
A VISA; THAT DOESN'T REALLY HAVE ANY IMPACT ON WHETHER OR NOT THEY HAD A
PHONE IN THEIR HAND WHILE THEY
WERE DRIVING
AND THEREBY MIGHT CRASH
INTO SOMEBODY. THE IMMIGRATION STATUS I DO NOT BELIEVE IS RELEVANT TO THAT
PARTICULAR INVESTIGATION. >> REPRESENTATIVE GROSSELL: THANK
YOU COMMISSIONER. THANK YOU; MR. CHAIR. IN A NORMAL
TRAFFIC STOP
THE BURSTING I'M GOING TO ASK FOR IS DINO I
STOPPED YOU AND WAIT FOR THE RESPONSE AND THEN AWESOME FOR
THE LICENSE AND INSURANCE
INFORMATION AND THROUGH THIS
TRAFFIC STOP; IF I STOP THEM
FOR THAT HANDS-FREE VIOLATION; I AM GOING TO COME TO
THIS POINT
TO WHERE THINGS ARE JUST NOT ADDING
UP HERE. THEY DON'T HAVE A LICENSE. THEY DON'T HAVE
ANY KIND OF ID
OR INFORMATION. SO I DON'T KNOW HOW THINGS
ARE DONE
IN ST. PAUL BUT IF WE DON'T HAVE THAT INFORMATION
WE ARE HOLDING ONTO THEM UNTIL WE CAN
FIGURE OUT OKAY FOR MY DOING WITH HERE.
NOW ON THE FLIPSIDE OF THAT; THERE'S ALSO
DOING WITH SOMEONE WHO'S IN THE
COUNTRY ILLEGALLY I HAVE
MULTIPLE
TIMES METHAMPHETAMINES WHILE WORKING UNDERCOVER
FROM PEOPLE ARE HERE ILLEGALLY
AND TRAFFICKING LARGE AMOUNTS
OF METHAMPHETAMINE TO THE 3
RESERVATIONS; REALLY;
LEECH LAKE; AND WHITE
EARTH RESERVATIONS AND COUNTIES
AROUND THEIR ROUTE WAS A LAW
ENFORCEMENT OFFICER. 2;
I GUESS; THERE
IS SOME LINES IN THERE THAT IF WE ARE GOING
TO BE MAKING HIS TRAFFIC STOPS YOU ARE GOING TO BE DOING THESE INVESTIGATORY STOPS
WHILE YOU'RE WORKING TO THE POSSIBLE REGULAR
TRAFFIC STOP FOR A VIOLATION OF
THIS TYPE WHERE YOU ARE GOING TO GATHER THIS
INFORMATION COULD
WHAT ARE WE SUPPOSED TO DO WITH IT THEN? >> CHAIR MARIANI:
REPRESENTATIVE KRESHA I THINK
OUR CITIZENS
TRAFFIC METHAMPHETAMINES
AND OTHER ILLEGAL DRUGS AS WELL.
>> REPRESENTATIVE GROSSELL: YES BUT THOSE ARE MR. CHAIR I'M
JUST SAYING; AS FAR AS THE
AMENDMENT GOES; TO
THE AMENDMENT; ABOUT NARCOTICS FROM
[INAUDIBLE] BOTH CITIZENS
AND NONCITIZENS. SO I MEAN I'M
NOT SAYING THOSE ARE THE
ONLY FOLKS DOING THAT ARE TRANSPORTING
NARCOTICS; BUT WHEN IT
PERTAINS TO THIS AMENDMENT
I GUESS IF WE HAVE THAT INFORMATION WHAT ARE WE SUPPOSED TO DO WITH IT?
>> TESTIFIER: MR. CHAIR;
REPRESENTATIVE GROSSELL;
THE STANDARD WE WOULD APPLY IS THE
BEHAVIORAL STANDARD
WHAT BEHAVIORS ARE ACTIONABLE IN
THIS CASE.
[INAUDIBLE] BE REQUIRED TO HAVE A
DRIVERS LICENSE. THAT'S
ACTIONABLE. YOUR
PART OF ENSURING. THAT I CAN. AS IRRATIONAL AND YOU'RE
NOT ALLOWED BY STATUTE TELEPHONING
AND WATCHING YOUTUBE VIDEOS IN THE CAR. THOSE ARE ALSO ACTIONABLE.
WHETHER YOU ARE DOING THAT
HAVING BEEN BORN IN
BEMIDJI OR [INAUDIBLE] IS
NOT ACTIONABLE. I WAS A
ACTION ON THE BEHAVIORS THAT ARE OBSERVED
WHICH IS I ASKED IF THE
DRIVERS LICENSE. YOU DO NOT HAVE A DRIVERS LICENSE. I WOULD TAKE MY
NORMAL PROCEDURES
WHAT DO I DO WITH SOMEONE WHO DOES HAVE A
DRIVERS LICENSE
. THEY DO HAVE A DRIVERS LICENSE BECAUSE THEY'VE NOT PAID
THEIR FINES AND THE DRIVERS LICENSE HAS BEEN REVOKED. FOR THAT REASON; WHETHER THEY DON'T HAVE A DRIVERS LICENSE IS THERE
UNDER AGE
AND THEY'VE NOT ACQUIRED A DRIVERS LICENSE WITH A DRIVERS LICENSE HAS EXPIRED
I WAS IN THE TAKE ACTION BASED ON
THE BEHAVIORS THAT
I OBSERVE AND I DO
NOT BELIEVE THE IMMIGRATION STATUS IS RELEVANT TO THAT
PARTICULAR BEHAVIOR. THAT'S WHAT I CAN TAKE ACTION
ON ILLEGALLY. >>
CHAIR MARIANI: MEMBERS; THANK YOU REPRESENTATIVE
GROSSELL. MEMBERS;
WE HAVE PUBLIC TESTIMONY; I BELIEVE IT
REPRESENTATIVE HORNSTEIN HAS FAMILIES THAT ARE BEEN IMPACTED
TRAGICALLY AS A RESULT OF
THE BEHAVIOR
THAT THIS BILL ATTEMPTS TO ADDRESS.
I WILL MAKE SURE WE GET TO
THE TESTIMONY TODAY; NELL AS
OPPOSED TO
HAVING THEM DRAG THEM BACK INTO
THE EVENING. THE REST OF US; WE ARE HERE.
24-7 JOB. SO WE CAN DO THAT. SO WI
TH THAT REPRESENTATIVE JOHNSON I'M GOING TO
HAVE YOU ASKED YOUR QUESTION AND THEN I WANT US TO
MOVE -- WE WILL THEN MOVE TO
A VOTE
ON THE AMENDMENT AND THEN WE'LL MOVE OVER TO
THE TESTIMONY.
MEMBERS; AND 5 MINUTES I LIKE TO GET TO THE TESTIMONY OF THE PUBLIC ON THIS.
REPRESENTATIVE JOHNSON >> REPRESENTATIVE JOHNSON: MR. CHAIR; THE QUESTION I HAVE
DEALT WITH OTHER THINGS IN THE
ORIGINAL AMENDMENT. [INAUDIBLE]
>> CHAIR MARIANI: VERY WELL
DONE. MEMBERS
I'M GOING TO THEN HAVE US A BOAT ON THE 2ND PART OF THE AMENDMENT. THIS IS
THE1.4
THROUGH 1.8. IS THERE A ROLLCALL ASKED FOR THIS?
VERY WELL.
REPRESENTATIVE NASH HAS ASKED FOR A ROLLCALL SO WE WILL THEN TAKE THE ROLL ON
THE AMENDMENT. THE CLERK WILL TAKE THE ROLL.
>> STAFF: MARIANI NAY;
CHRISTIANSEN --;;
CONSIDINE NAY; EDELSON NAY; GROSSELL AYE;
HOWARD NAY; JOHNSON NAY;
LESCH NAY; URDAHL NAY; LUCERO AYE;
MILLER AYE; MOLLER >> TESTIFIER: NO. NASH
AYE; O'NEIL [INAUDIBLE] PINTO NAY;
OLSON AYE;[INAUDIBLE]
>> CHAIR MARIANI: ON A
VOTE OF 10 AYES AND 7 NAYS
- SORRY - I HAVE THIS BACKWARDS. ON A
VOTE OF 10 NAYS AND 7 AYES
THE MOTION DOES NOT PREVAIL. >> [GAVEL] >> CHAIR MARIANI:
WITH THAT MEMBERS I'M GOING TO GO
TO THE HONOR OUR
GUESTS THERE. WE WILL COME BACK THEN TO THE --.
VERY WELL. SO WE NEED THE
INITIAL MOTION.
REPRESENTATIVE DEHN
RENEWS HIS MOTION >>
>> [LAUGHING] >>
CHAIR MARIANI: RENEWS HIS MOTION TO ADOPT THE A -
5 AMENDMENT
>> REPRESENTATIVE JOHNSON: THE
ORIGINAL QUESTION
AMENDMENT [INAUDIBLE] >> CHAIR MARIANI:
REPRESENTATIVE JOHNSON I
WILL ALLOW US TO FINANCE TO DO REP
IT'S VERY INTENT TO
HONOR THE PUBLIC TESTIMONY WHILE THEY WERE HERE. SO PLEASE;
YOUR 5 MINUTES PLEASE KEEP THAT IN MIND. THANK YOU. >> REPRESENTATIVE JOHNSON: MR.
CHAIR; EARLIER IT WAS BROUGHT UP
TO BE NO REAL IMPACT TO THE
STATE PATROL IN THE SHERIFFS OFFICE AND THE
POLICE DEPARTMENTS TO MAKE THESE
[INAUDIBLE] THEY DO THIS FORM OF
A STUDY THAT I CAN HAVE ENOUGH TIME TO DO A STUDY; A
PROPER STUDY
TO FIND IT WAS GOING ON. IS TOO SHORT A TIME PERIOD. BUT
ALL THESE PROGRAMS A
ND EASY CITATIONS NOT OWNED BY THE STATE
.
EACH DEPARTMENT OWNS THERE'S BEEN THAT MEANS THEY HA
VE TO TECH COMING IN EVERY
ONE OF 5; 600 LAW ENFORCEMENT AGENCIES
TO SET UP ALL
THESE PROGRAMS. THIS IS A HUGE COST AND A
HUGE BURDEN
TO OUR LAW ENFORCEMENT AGENCIES ACROSS THE STATE.
WE ALREADY HAVE A
HUGE BURDEN.. WE FOR SOME YEARS AGO AFTER
SEPTEMBER 11 OR NOT SEPTEMBER
11; AFTER THE BRIDGE COLLAPSED
TO GO ON THE HONOR SYSTEM
WHICH IS 800 MHZ RADIO SYSTEM FOR
BETTER COMMUNICATIONS. OUR
COUNTIES AND CITIES ARE PAIN THOUSANDS OF DOLLARS
EVERY YEAR FOR
MULTIPLE UPDATES BECAUSE WE WENT TO THAT.
THIS IS GOING TO BE ANOTHER BURDEN ON
THEM FISCALLY TO SPEND A
FEW THOUSAND DOLLARS TO PUT THESE
UPGRADES AND FOR EVERY
SINGLE DEPARTMENT THE STATE
OF MINNESOTA FOR A 4
MONTH STUDY. TO GET THIS INFORMATION
WHICH THEN WILL HAVE TO BE
SHIPPED TO;
PULLED OUT TAKING TIME TO POUR THIS INFORMATION OUT AND SENDING IT BACK TO
THE COMMISSIONER SO I THINK THIS
A BIG UNDUE BURDEN ON OUR LAW ENFORCEMENT AGENCIES TO BEGIN WITH A FORM OF STUD
Y IS NOT GOING TO GET ENOUGH PROPER INFORMATION TO FIND OUT
IF THERE'S ACTUALLY ANYTHING
GOING ON. I WOULD VOTE AGAINST THE AMENDMENT. >> CHAIR MARIANI: COMMISSIONER. >> TESTIFIER: MR. CHAIR;
REPRESENTATIVE JOHNSON; THE INTENT BEHIND THIS WAS SIMPLY JUST
A PATROL COLLECT THIS DATA ON STATE PATROL
TRAFFIC STOPS. THERE IS NOTIN MY UNDERSTANDING;
AND READING OF THE BILL THIS IS NOT A MANDATE
FOR ALL POLICE AGENCIES IN THE STATE OF MINNESOTA TO COLLECT THE DATA. IT SIMPLY MANDATE FOR THE MINNESOTA HIGHWAY PATROL TO COLLECT
THE DATA AND SO THIS WOULD
ONLY IMPACT HE CITATION SYSTEM IN MINNESOTA HIGHWAY
PATROL OPERATES UNDER CURRENTLY.
>> CHAIR MARIANI: REPRESENTATIVE JOHNSON; NASCAR LEGAL COUNSEL
TO CLARIFY WHAT THE AMENDMENT DOES.
AND WHO IS RESPONSIBLE FOR COLLECTING
THIS DATA.
>> STAFF: MR. CHAIR AND MEMBERS
IT PUTS THE RESPONSIBILITY ON THE DEPARTMENT OF THE
STATE PATROL. SO THE PERMANENT
PUBLIC SAFETY WORKING WITH MINNESOTA
STATE PATROL
COLLECTS THE STARTER. ONLY MINNESOTA
STATE PATROL IS REQUIRED TO COLLECT THE DATA IN
PARAGRAPH A LINE 2.5-2.8 THERE IS PERMISSION FOR THE COMMISSIONER OF PUBLIC SAFETY TO REQUEST THE
RELEVANT DATA FROM LAW
ENFORCEMENT AGENCIES
AND DECIDE TO PARTICIPATE BUT THERE IS
NO REQUIREMENT
THAT OTHER LAW ENFORCEMENT
AGENCIES PARTICIPATE.
>> CHAIR MARIANI:
REPRESENTATIVE JOHNSON
>> REPRESENTATIVE JOHNSON: I WOULD REQUEST
A ROKO. >> CHAIR MARIANI: VERY WELL. REPRESENTATIVE JOHNSON REQUEST A ROKO ON THE SPIRIT REPRESENTATIVE O'NEIL >> REPRESENTATIVE O'NEIL: THANK YOU;
MR. CHAIR. I'VE CONCERNS WITH THE LANGUAGE IN A BEEN VERY SPECIFIC AND
POINTED. SPECIFICALLY WE HEARD THE
COMMUNICATION ABOUT THIS IS AN OBSERVATION OF RACE AND
SO THAT MISIDENTIFICATION OF RACE
WHO MADE THIS IS A
HUGE ISSUE. YOU LOOK AROUND THE TABLE RIGHT HERE. I
MYSELF TRAVEL AND I TRAVELED TO EVERY CONTINENT
EXCEPT AUSTRALIA AND ON EVERY CONTINENT I'VE BEEN ON A
BEEN MISIDENTIFIED. IN FACT I REALLY HAVE BEEN IDENTIFIED AS MY
TRUE RACE. I'M NOT SURE WHY BUT I WAS IN INDIAA THOUGHT
I WAS BRAHMIN INDIAN WHICH
IS WONDERFUL.
IT'S A BEAUTIFUL THING WHEN I WAS IN ETHIOPIA
THEY THOUGHT I
WAS JAPANESE. WHEN I WAS
IN COLUMBIA THEY THOUGHT IT WAS COLOMBIAN
LATINO. SO IN MY COLLEGE TO MY LEFT IS MISIDENTIFIED IN A MOST EVERY HEARING WE TALK ABOUT
IT'S ASSUMED
BY HIS SKIN COLOR THAT HE IS CAUCASIAN. HE IS NOT.
SO I'VE A GREAT CONCERN UNLESS YOU ASK SOMEONE THERE
RACE OR ETHNICITY YOU WILL
NOT KNOW BECAUSE WE ARE SO MIXED AND
SO BURIED IN THIS ROOM ALONE THERE ARE A MULTITUDE OF RACES
AND ETHNICITIES. SO I DON'T
SEE HOW THAT'S HELPFUL
OR ACCURATE AND I AM ALWAYS FAI
R AND ACCURATE. IT'S NOT GOING TO BE
EITHER ONE BECAUSE IF YOU
ARE JUST MY OBSERVATION LOOKING AT SOMEONE YOU ARE GOING TO
MISIDENTIFY THEM. I MYSELF HAVE
FAMILY MEMBERS. I HAVE
A BEAUTIFUL NIECE WHO'S MARRIED
TO A GENTLEMAN FROM
TRINIDAD TO BAGO AND THEIR CHILDREN ARE OF MIXED RACE. I HAVE ANOTHER
NEPHEW IS MARRIED TO
AN AFRICAN-AMERICAN
AND NATIVE AMERICAN WOMAN MIXED IN THEIR CHILDREN ARE MIXED AND YOU CAN LOOK AT THEM AND YOU
DON'T KNOW. THERE JUST
A MIX OF A LOT OF DIFFERENT THINGS.
FROM SCANDINAVIAN
TO AFRICAN-AMERICAN TO NATIVE.
SO I HAVE A BIG
PROBLEM WITH THE BEEN HAVING THIS IN HERE BECAUSE YOU ARE GOING TO MISIDENTIFY MORE PEOPLE THAN YOU ARE GOING TO IDENTIFY.
THE 2ND THING
COULD ON LINE 1.16 USE THE WORD; GENDER.
NOW GENDER MEAN SOMETHING
VERY DIFFERENT THA
N SEX. WE JUST HAD A VERY LONG HEARING
ABOUT THAT IN THE PREVIOUS COMMITTEE
ON JUDICIARY. NOW ON YOUR DRIVERS
LICENSE; WHICH I HAVE MINE RENEW JUST THIS
LAST SUMMER; IT SAYS SEX BUT IT IS NOT A GENDER.
SEX IS DEFINED IN LAW.. GENDER
IS NOT. THERE IS NO DEFINITION
OF
GENDER. SO WE ARE TALK ABOUT SOMETHING COMPLETELY DIFFERENT
IF YOU MEAN SEX THEN YOU NEED TO SAY SEX AND IF YOU
MEAN GENDER IT'S UNDEFINED AND THERE'S NO STATUTORY DEFINITION OF GENDER. THAT'S A TOTALLY
TOTALLY DIFFERENT THING. I THINK WE NEED TO KNOW WHAT WERE TALKING ABOUT. SO ONE CAN EITHER BE A PROBLEM WITH
AN OBSERVATIONAL
DETERMINATION OF SOMEONE'S RACE OR ETHNICITY YOU
AGAIN MISIDENTIFY THE
VAST MAJORITY AND I'M NOT REALLY SURE WHAT VALUE THAT IS
WE'VE ARTIE STATED BUT I MOSTLY AM CONCERNED ABO
UT THE MISIDENTIFICATION AS I'VE
BEEN MISIDENTIFIED MY
ENTIRE LIFE. LIKE I SAID
EVEN MISTAKEN FOR JAPANESE WAS IT WAS THE
MOST INTERESTING. ON YOUR DRIVERS LICENSE IT DOES NOT SAY
GENDER. IT SAYS IS GOOD AND ON YOUR
DRIVERS LICENSE DOES NOT SAY
YOUR RACE OR ETHNICITY.
SO THE ONLY WAY TO REALLY KNOW
SOMEONE GENDER IS TO ASK THEM
BECAUSE THAT'S A SELF IDENTIFIED NOT AN
OBSERVATIONAL
DETERMINATION. AND IT IS IMPOSSIBLE TO KNOW SIMMONS RACE OR ETHNICITY WITHOUT ASKING THEM.
SO EITHER WE ARE GOING TO ASK OR WE ARE NOT. SO WE NEED TO DECIDE WHAT WE'RE GOING
TO DO AND PUT THAT INTO THE AMENDMENT. THANK YOU;
MR. CHAIR
>>
CHAIR MARIANI: REPRESENTATIVE HORNSTEIN; MY THANK
YOU FOR MAKING THE AMENDMENT BECAUSE I'M THE ONE THAT URGE YOU TO TAKE IT
. IT SEEMS
TO ME THAT PERHAPS THE CHAIR HAS NOT
DONE WELL IS NOT TO OF HAD A VERY EARLY
CONVERSATION ABOUT
RACIAL PROFILING.
OBVIOUSLY A SALIENT ISSUE IN OUR SOCIETY TODAY
AND ALSO AS A PEOPLE WANT TO GET
IT RIGHT
BUT WE CAN'T GET RIGHT BUT WE DON'T UNDERSTAND. IT
IS NOT--IT WAS NOT MY INTENT TO
CAPTURE A
QUITE A BIT OF MEASUREMENT OF WHO IS
BEING STOPPED AS MUCH AS TO
UNDERSTAND HOW AND WHETHER
BIAS IS PLAYING A ROLE IN WHO DOES
GET STOPPED. IN ORDER TO
KNOW THAT IS TO ME THAT
THE OBSERVATION OF THE PERSON MAKING THE STOP IS
CRITICALLY IMPORTANT. THAT IS
THE PERCEPTION OF THE PERSON MAKING
THE STOP THAT THE INFORMATION ABOUT THE PERSON'S PERCEPTION
THEN SETS UP
THE OPPORTUNITY FOR US TO HAVE THE CONVERSATION
; THE LEARNING; AND
THE ADJUSTMENT OF OUR
PROFESSIONAL PRACTICES SO THAT; IN FACT; THERE ARE NO BIASES
THAT ARE THE LEADING FACTOR WHAT SOMEONE WOULD
GET STOPPED. AS A [INAUDIBLE] FOR MY WHOLE LIFE
I'VE HAD
PEOPLE THINK I'M WAY. I'VE HAD PEOPLE THINK
I'M BROWN. I'VE HAD PEOPLE THINK
I'M BLACK. BUT WHEN I WAS REAL LONG THEY THOUGHT IT
WAS PAKISTANI BUT IN
FACT; [INAUDIBLE]
PROBABLY CONTRIBUTED. >> [LAUGHING] SO
I UNDERSTAND WHO I AM TRULY
WAS NOT THE ISSUE IN TERMS OF WHAT
PEOPLE THOUGHT
WAS IMPORTANT FOR ME TO KNOW WHAT THEY THOUGHT
AND HOW THAT
JUDGE THEIR INTERACTION WITH ME. THAT GOES TO THE ESSENCE OF
RACIAL PROFILING. SO REPRESENTATIVE O'NEIL I APPRECIATE THE OBSERVATIONS. I APOLOGIZE TO YOU
AND TO THE COMMITTEE FOR
NOT HAVING MUCH
FULLER CONVERSATION THAT I THINK THIS COMMITTEE SHOULD OF HAD PRIOR TO THIS
KIND
OF HEARING IN YOUR BYWORD WE ARE GOING TO HAVE THAT KIND
OF CONVERSATION IN
THE COMING YEAR AND A HALF
THAT WILL BE PRIVILEGED TO BE CHAIR OF THIS COMMITTEE. WITH THAT; MEMBERS I DO WANT TO HONOR
THE PUBLIC HEARS AM GOING TO MOVE TO A VOTE. THE CLERK WILL TAKE
THE BOAT ON THE AMENDMENT THE A -
5 AMENDMENT AS AMENDED.
>> STAFF: MARIANI AYE;
CHRISTIANSEN AYE- CHRISTIANSEN AYE-CHRISTIANSEN'S
BEHALF AND CONSIDINE AYE;
DEHN AYE; EDELSON AYE; GROSSELL --
GROSSELL -- HOWARD AYE;
JOHNSON NAY; LESCH AYE; LONG
AYE; ZERO LUCERO NAY;
MILLER NAY; MOLLER AYE; NASH
-NASH--O'NEIL NAY; PINTO AYE;
OLSON NAY;
>> CHAIR MARIANI:
MEMBERS AT A VOTE OF 10 AYES; 5 NAYS;
TO ABSENT;
THE MOTION DOES PREVAIL. >> [GAVEL] >> CHAIR MARIANI: THANK YOU
REPRESENTATIVE HORNSTEIN.
YOU HAVE SOME TESTIFIERS I BELIEVE
>> REPRESENTATIVE HORNSTEIN: THANK YOU. >> CHAIR MARIANI: THANK
YOU COMMISSIONER >> REPRESENTATIVE HORNSTEIN:
THANK YOU
MR. CHAIRMAN AND MEMBERS FOR NOW.
>> CHAIR MARIANI:
REPRESENTATIVE HORNSTEIN
WILL BRING YOUR TESTIFIERS UP AND WILL TRY TO MOVE AS EXPEDITIOUSLY AS POSSIBLE.
WHEN WILL BEGIN WITH THE FIRST TESTIFIER WILL EVERYONE
IS GATHERING. THE FORMAT WE
USE HERE IS THAT WE
STAYED OUR NAME FOR THE RECORD AND WE SHARE
OUR TESTIMONY.
>> TESTIFIER: MR. CHAIR; AND MEMBERS OF THE COMMITTEE MY
NAME IS RHONDA MILLER. I'D
LIKE YOU
TO THANK YOU FOR ALLOWING ME THE OPPORTUNITY TO
SPEAK TODAY THIS IS NOT MY
FIRST TIME NOR WILL IT BE
MY LAST. MY FAMILY HAS SUFFERED
UNIMAGINABLE PAIN DUE TO THE
GROWING EPIDEMIC OF
DISTRACTED DRIVING.
I; LIKE VICE PEOPLE NEVER THOUGHT IT WOULD AFFECT
MY LIFE.
THAT IS; UNTIL THE EVENING OF JULY 21
THAT IS; UNTIL THE EVENING OF JULY 21; 2015 MY UNCLE CHUCK
COUSINS KATHY ALAMEDA AND
A FAMILY WERE ON THE WAY HOME FROM THE
MINNESOTA LIBRARY. WITH A
GREEN LIGHT MY UNCLE FOLLOW TRAFFIC
AND ENTERED AN INTERSECTION.
BUT HE WAS STRUCK BY A CAB
EXTENDED
FORD F1 50 TRAVELING AT 65 MPH
BEFORE HE EVEN MADE IT TO THE MIDDLE.
THERE WAS NO SOUNDS OF SCREECHING TIRES
IS NO BRAKES WERE APPLIED TO THE
DRIVER JUST
FLAT-OUT DID NOT SEE THE RED LIGHT
BECAUSE SHE WAS NOT EVEN LOOKING AT
THE ROAD.
EVEN AFTER MULTIPLE PEOPLE IN
THE VEHICLE HAD ASKED HER TO STOP.
THE SCENE OF THE CRASH WAS CHAOTIC AS WERE
8 TOTAL THAT WERE INJURED. 2
WERE AIRLIFTED;; TO BE TAKEN BY
HIM WANTS TO 3 DIFFERENT HOSPITALS. BY THE TIME I REACHED THE HOSPITAL CHUCK WAS ALREADY GONE.
I HAVE HAD THE
UNFORTUNATE EXPERIENCE WATCHING MY COUSIN
PATRICK TELL HIS LITTLE SISTER WAS JUST RELEASED FROM
THE HOSPITAL DUE TO THE SAME CRASH
THAT HER DAD DID NOT MAKE IT.
I WILL NEVER FORGET THE HEART
WRENCHING SOUND THAT ECHOED THROUGH THE HOSPITAL CORRIDOR.
WHEN WE WENT TO SEE KATHY SHE
LOOKED LIKE SHE WAS SLEEPING
. BESIDES THE BRAIN INJURY SHE ONLY HAD A BROKEN FINGER. WE
WERE NOT ALLOWED TO TOUCH OR TALK TO HER AS THEY DID NOT WANT US TO STIMULATE YOUR BRAIN
. 10 DAYS AFTER
THE CRASH AND 4 DAYS AFTER RELATE
CHUCK TO REST WE WERE TOLD THERE WAS NOTHING ELSE THEY COULD DO FOR KATHY. THE MULTIPLE
SURGERIES INCLUDING
MOVING REMOVING PART OF HER SKULL TRUE RELEASE THE
PRESSURE FROM HER BRAIN
DID NOT WORK AND SHE NO LONGER HAD ANY
BRAIN ACTIVITY. SHE WAS 10.
IT WAS ANOTHER LOST MY FAMILY SHOULD NOT HAVE HAD
TO ENDURE. IT WAS A 3 [INAUDIBLE]
THAT TOOK 2 PEOPLE OUT OF MY LIFE.
DAMN. D A.M. THAT IS ALL
IT TOOK. THE BILL WE ARE TALK
ABOUT TODAY IS FAR OVERDUE
. SOMETHING NEEDS TO BE DONE
AS THE NUMBER OF CRASHES DUE TO
DISTRACTED DRIVING
CONTINUE TO RISE. WE CANNOT ALLOW THIS EPIDEMIC TO CONTINUE
TAKING THE LIVES OF OUR LOVED ONES
DRIVING IS A PRIVILEGE. IT'S NOT A RIGHT
. WE NEED TO GET OFF OF OUR PHONES WHILE WE ARE BEHIND THE WHEEL
. IT IS OUR RESPONSIBILITY TO MAKE OUR
ROADS SAFE IT'S TIME
FOR MINNESOTA TO STAND UP AND
SAY; ENOUGH IS ENOUGH
. WE WANT TO BE ABLE TO GET FROM
A TO B AND NOT HAVE TO WORRY ABOUT THE PERSON
BEHIND US
.. NOT HAVE TO WORRY ABOUT THE PERSON BEHIND US ON
THEIR PHONE NOT SEEING US BREAK.
WORRY ABOUT THE PERSON NEXT
TO US SIDE SWIPING
US BECAUSE THEY CAN TURN HER HEAD
FULLY BECAUSE THEY'RE HOLDING THEIR PHONE TO
THEIR EAR.
I SEE IT EVERY DAY; NO MATTER WHERE I AM DRIVING.
DRIVERS OVER THE
WHITE LINE GOES BACK OVER
THE YELLOW BACK TO THE WHITES. SPEED UP;
SLOWS DOWN BECAUSE THEY ARE
TRULY ENGULFED IN THEIR PHONES.
I AM BEGGING YOU TO PASS THIS BILL
BUT FOR US SITTING UP HERE TODAY
; NOT FOR JULIE; NOT FOR MEGAN;
BUT FOR PENNY; NOT
FOR JOHN; NOT FOR KATHY AND NOT FOR CHUCK
;; BUT FOR YOU. FOR YOUR FAMILY.
FOR YOUR FRIENDS.
BUT MOST OF ALL; I THINK WE NEED TO
IT'S FOR MINNESOTA I JUST WANT TO GET HOME AT THE END OF
THE DAY. I JUST WANT TO GET
TO WORK AT THE BEGINNING OF
MY DAY. I DON'T WANT TO HAVE TO
WORRY ABOUT WHO IS COMING
FROM WHERE. I THINK IT'S
TIME MINNESOTA NEEDS THIS BILL.
THANK YOU. >> CHAIR MARIANI: THANK YOU.
PLEASE; SIR.
>> TESTIFIER: THANK YOU
MR. CHAIRMAN. MY NAME IS JAMES EVAN
PRESENT OF THE MINNESOTA
VIKINGS ASSOCIATED
WITH A WIDE SLEEPY ORGANIZER
THAT REPRESENTS 650 TRUCKING COMPANIES AND THEIR
[INAUDIBLE] ACROSS THE STATE. I'M HERE TODAY
TO BE ONE OF 35
STATEWIDE BUSINESS AND
ADVOCACY ORGANIZATIONS
FROM TRUCKERS TO GROCERS TO THE
MINNESOTA CHAMBER THAT HAVE ADOPTED
POLICIES
SUPPORTING HANDS-FREE CELL
PHONE LEGISLATION. I'M HERE TO TELL YOU THAT THE
BUSINESS COMMITTEE IS UNITED IN THE BELIEF THAT IT IS TIME TO
PASS HANDS-FREE CELL
PHONE LEGISLATION IN MINNESOTA.
EVERY DAY
MINNESOTA BUSINESSES ARE PUTTING THEIR PEOPLE;
THEIR PEOPLE;
THEIR HUSBANDS AND FATHERS AND MOTHERS
AND DAUGHTERS ARE PUTTING
THEIR EMPLOYEES
AND THEIR CONTRACTORS ON ROADWAYS FILLED WITH
DISTRACTED DRIVERS. THE RESULTS
ARE ALARMING.
THE [INAUDIBLE] REPORTS THE ONLY CATEGORY OF WORK-RELATED INJURIES INCREASING TODAY IS MOTOR
VEHICLE ACCIDENTS. IT'S NOT
A SURPRISE.
THE DATA ALSO SHOWS THE BUSINESS AND PERSONAL AUTO PREMIUMS ARE GOING UP
AND WAS THE COMMON FACTOR?
DRIVING DISTRACTED AND CELL PHONE USE.
THE PROFESSIONAL TRUCK DRIVERS
THEY ALL
THEY ALREADY OPERATE IN A ONE TOUCH HANDS-FREE MODE
BECAUSE IT'S A
FEDERAL REQUIREMENT.
I HAVE TO TELL YOU WHEN WE TALK TO OUR MEMBERS AND
WHAT WE DO TO SERVE MINNESOTA AND OUR CUSTOMERS
THIS IS NOT HAMPERED OUR ABILITY TO DO IT
BUT WHAT A PROFESSIONAL DRIVER SEE EVERY DAY IS
QUITE ALARMING. RATHER THAN FOCUSING ON THE DRIVING TASK YOU SEE
PEOPLE LOOKING AT THEIR PHONES
. THEY'RE EVEN
WATCHING VIDEOS. PROFESSIONAL TRUCK DRIVERS SAY
PUT DOWN THE PHONE. FOCUS ON
THE ROAD. SO THE BUSINESS
COMMUNITY DOES
LOOK FORWARD TO PASSING HOUSE FILE 50 IN 2019
AND REDUCING DISTRACTED DRIVERS
FOR PEOPLE FOR OUR EMPLOYEES
AND CONTRACTORS
AND ALL MINNESOTA MODERATES. THANK YOU. >> CHAIR MARIANI: THANK
YOU; SIR. ARE THERE
ANY QUESTIONS OF THE TESTIFIERS? I DO WANT TO
-- I'M HANDLED
MS. -- BY YOUR WORDS. HUMBLED BY
YOUR WORDS
I'M ALSO SORRY FOR THE LOSS OF YOUR LOVE ONES
AND FOR YOUR NEIGHBORS WOULD COME HERE
AS WELL. I APPRECIATE YOU
BEING HERE BU
T I CAN IMAGINE YOUR COURAGE THAT IT TAKES TO
SPEAK PUBLICLY AND SHARE YOUR PAIN WITH US BUT I DO SEE
YOU DO IT OUT OF LOVE
AND CARE. SO I WANT TO THANK YOU FOR COMING
HERE TODAY. ARE THERE ANY QUESTIONS
OR OBSERVATIONS. REPRESENTATIVE O'NEIL >> REPRESENTATIVE O'NEIL:
MR. CHAIR I DON'T HAVE A
QUESTION; BUT I AM THE REPRESENTATIVE FOR
BUFFALO AND MAPLE LAKE AND I BELIEVE YOU SAID
THE MONTICELLO LIBRARY IS WHERE THAT THEY
LEFT FROM?
I JUST WANTED TO GIVE YOU MY CONDOLENCES AS WELL
BUT I'M PRETTY SURE THAT WHATEVER ROAD THEY RUN IS PROBABLY ROAD OF TRAVEL TO MULTIPLE TIMES
IF THEY WERE LEAVING THE
MONTICELLO LIBRARY IT'S A ROAD
I'M NOT SURE WHICH DIRECTION THEY WERE HEADED BUT I'M SURE WAS WHEN I TRAVELED QUITE A BIT
AND I'M SO SORRY FOR YOUR LOSS AS WELL.
>> CHAIR MARIANI:
REPRESENTATIVE MOLLER >> REP
RESENTATIVE MOLLER: THANK YOU; MR. CHAIR COULD I ALSO WANT TO THANK YOU FOR COMING AND ALSO RECOGNIZE THAT WE'VE BEEN RECEIVING OUR COMMITTEE AS YOU NOTE FROM
OTHER FAMILIES AND SURVIVORS
WHO ARE NOT PROPERLY HERE
IN PERSON
AND ONE EMAIL STRUCK ME WAS SOMEONE'S BIRTHDAY TODAY I
THINK WAS O
NE OF THE VICTIMS OF DISTRACTED DRIVING. IT WOULD HAVE BEEN HIS BIRTHDAY TODAY I
WANT TO
SAW THAT EMAILS WANT TO THANK ALL THOSE FAMILIES THAT HAVE BEEN EMAILING US
WERE NOT ALSO TO BE HERE IN PERSON TODAY. SO; THANK YOU. >> CHAIR MARIANI: THANK YOU.
REPRESENTATIVE HORNSTEIN; - SORRY - REPRESENTATIVE
CHRISTIANSEN.
PLEASE. >> REPRESENTATIVE CHRISTENSEN:
I WOULD JUST PILE ON THE THANK
YOUSE HERE.
YOU ARE THE REAL REASON WE ARE HERE TODAY
AND WHY THE BILL WAS WRITTEN. SO
WE GOT A LITTLE BIT OFF TRACK I'M SORRY
ABOUT THAT BUT I APPRECIATE YOU BEING HERE AND
WE WON'T FORGET YOU. THIS IS A
NONPARTISAN ISSUE AND TODAY
IT SEEMS PARTISAN BUT BELIEVE ME
THE LETTERS I HAVE GOT
HAVE BEEN FROM EVERYONE IN
MY COMMUNITY
SO I WANT TO THANK YOU VERY MUCH AND I THINK THIS IS SOMETHING THAT MIGHT
WORK. THANKS. >>
CHAIR MARIANI: THANK YOU FOR YOUR TESTIMONY
AND BEING HERE TO
REPRESENTATIVE HORNSTEIN I BELIEVE WE HAVE A QUESTION
FOR YOU.
I NEVER ASKED YOU TO GO THROUGH YOUR BILL REALLY QUICKLY'S WANT TO GIVE YOU AN OPPORTUNITY TO DO THAT BUT I'LL
KNOW REPRESENTATIVE MILLER HAS
A QUESTION.
REPRESENTATIVE HORNSTEIN IS
PROBABLY APPROPRIATE FOR YOU TO TELL US WHAT YOUR BILL DOES.
>> REPRESENTATIVE HORNSTEIN: SURE. >> TESTIFIER:
>> REPRESENTATIVE HORNSTEIN:
THANK YOU; MR. CHAIR AND MEMBERS. THE FIRST FILE HOUSE
FILE 50
IS AS YOU'VE HEARD IT'S BECOME AN EPIDEMIC IN
DISTRACTED DRIVING
ON OUR HIGHWAYS HERE IN MINNESOTA.
IT'S LEGISLATION THAT PREVENT
DEATH AND INJURY ON
MINNESOTA HIGHWAYS AND FOR YEARS THAT BEEN AVERAGE OF 59 DEATHS
AND 2 AND 23 SERIOUS INJURIES IN
OUR STATE TO DO
DISTRACTED DRIVING. THE
FASTEST-GROWING CAUSE OF FATAL CRASHES IN THE STATE.
WE KNOW BILLS LIKE THIS
WORK MEMBERS.
THEY HAVE IN OTHER STATES WERE
CRASH RATES HAVE BEEN SIGNIFICANTLY LOWERED AND
I WOULD SAY JUST IN SUMMARY; THIS BILL SAVES LIVES.
WE KNOW THAT. IT IS PROVEN AM HAPPY TO ANSWER YOUR
QUESTIONS. BASICALLY;
TIME IS SHORT SO I'M JUST GOING TO SUMMARIZE IN JUST A HUMAN IT'S WHAT THIS
BILL DOES.
I WANT TO BE CLEAR; THIS IS NOT A BAN ON CELL PHONE USE.
IT IS A BAN ON HANDHELD CELL
PHONE USE. WE ALLOW USE OF
WIRELESS COMMUNICATION AND
VOICE ACTIVATION AND WE ALLOW
A CELL PHONE CALLS
AND FUNCTION MADE WITH ONE TOUCH ACTIVATION
AND SO THERE ARE SOME EXCEPTIONS
IF YOU WANT USE A
HANDHELD DEVICE
FOR EMERGENCY ASSISTANCE IN THE EVENT OF AN IMMEDIATE LIFE OR SAFETY THREAT OR DANGER
IN AN AUTHORIZED EMERGENCY VEHICLE BUT BASICALLY 2 SUMMERS IN A PEOPLE OF QUESTIONS WHAT CAN
I DO WHAT CAN''T I DO; IT'S VERY SIMPLE MEMBERS. YOU
CAN'T HOLD A CELL PHONE WHILE YOU
ARE DRIVING. THAT'S PRETTY MUCH
THIS BILL IN A NUTSHELL AND AS
I SAID; WE HAVE SEEN
SIGNIFICANT REDUCTIONS
CRASH RATES AND FATALITIES
AND INJURIES
IN THE 17 STATES AND THE DISTRICT OF COLUMBIA WE ARE
THIS BILL HAS BEEN ENACTED.
>> CHAIR MARIANI: THANK YOU
REPRESENTATIVE HORNSTEIN.
BEFORE WE GET TO REPRESENTATIVE MILLER'S QUESTION I DO WANT TO ASK IF THERE'S ANYONE IN
THE AUDIENCE WHO WISHES
TO TESTIFY AGAINST THE BILL? PLEASE; COME
FORWARD; SIR.
STATE YOUR NAME FOR THE RECORD AND GIVE US
YOUR TESTIMONY.
>> TESTIFIER: MR. CHAIR; COMMITTEE MEMBERS MY NAME IS BRETT COLLIER. I AM FROM BIG
LAKE MINNESOTA
AND I WORK AS AN ENGINEERING CONSULTANT IN THE
NUCLEAR INDUSTRY. I SAID BEFORE
YOU AGAIN SIMPLY AS A
CONCERNED CITIZEN. I THOUGHT
WE SETTLED HOW WE WERE NOT
IN FAVOR
OF MAKING IT ILLEGAL TO SIMPLY HOLD A PHONE IN YOUR HAND
OR DRIVING
LAST SESSION. I PROVIDED TESTIMONY
LAST SESSION POINTING OUT
THAT OF THE 74 DISTRACTED DRIVING DEATHS
THAT OCCURRED IN MINNESOTA IN 2015
ONLY TO
BE ATTRIBUTED TO TALKING ON THE PHONE
AND WE DON'T EVEN KNOW IF THOSE
2 DRIVERS
WERE HOLDING THE PHONE TO THEIR IS YOUR ARE USING HAND
FREEZE TECHNOLOGY. HOUSE FILE 50
PROPOSES MAKING HOLDING THE PHONE TO YOUR HAND ILLEGAL
SUBJECT IN THE OFFENDER TO
WHAT TODAY WOULD BE A $50 FINE THE
FIRST OFFENSE. THIS IS THE SAME FUN THE PERSON
; TEXTING AND DRIVING TODAY WOULD RECEIVE
IN THE SAME FIND THAT PERSON BACK
IN 2015
WOULD HAVE RECEIVED IF THEY WERE CAUGHT TEXTING
AND DRIVING. DID THE THREAT OF A
$50 FINE
AS THOSE DRIVERS IN 2015 TO STOP TEXTING AND
DRIVING? NO.
SO LET ME ASK YOU; IF THIS
PROPOSED STATUTE HAD BEEN IN PLACE BACK IN 2015
HOW MANY ADDITIONAL LIVES WOULD
HAVE SAVED? THE ANSWER
IS; NONE.
BUT THE SUPPORTERS OF THIS BILL SOMEHOW BELIEVE THAT MAKING IT ILLEGAL TO
EVEN HOLD YOUR PHONE IN YOUR HAND
WILL REDUCE DISTRACTED DRIVING DEATHS
.. THIS MAKES NO
SENSE WHATSOEVER IF A $50 FINE DOZEN
SUPPER DRIVER FROM
TEXTING THEN; WHY WOULD IT DO SO NOW?
LAST SESSION THE REPRESENTATIVE FROM HIGHWAY PATROL
TESTIFIED THEY WERE IN SUPPORT OF THIS BILL BECAUSE IT WOULD MAKE IT EASIER TO HAND
OUT TICKETS BY NOT HAVING TO PROVE
EACH INSTANCE THAT THE PERSON WAS TEXTING OR NOT MAKING
IT EASY IS NOT THE STANDARD FOR PASSING
THE STATUTE
THAT SAY WE WANT TO MAKE
IT EASY FOR THE POLICE TO ARREST DRUNK DRIVERS AND
SHOULD WE STOP ADMINISTERING BREATH TESTS AND OTHER SOBRIETY TESTS
? IT
WOULD APPEAR THAT WITH A 30% INCREASE IN TEXTING
AND DRIVING CITATIONS ISSUED IN 2018
; THAT IS 9554 CITATIONS;
WHICH IS AN INCREASE OF 459% OVER 2012
AND ONLY 1107 CITATIONS WERE
HEADED OUT
THAT THE POLICE HAVE BEEN ABLE TO FIGURE OUT HOW TO MORE EASILY HAND OUT THE CITATIONS.
I'M GOING TO CIRCLE BACK TO THE BEGINNING OF MY TESTIMONY. IT'S NOT
THE PERSON TALKING ON THE PHONE THAT'S CAUSING DISTRACTED DRIVING ACCIDENTS. BUT THE
PERSON TEXTING WITH HER EYES ON THE
PHONE SCREENS INSTEAD OF
THE ROAD. SOME OF THE SUPPORTERS OF THIS BILL WILL TELL YOU THAT YOU JUST NEED TO
USE THE HANDS-FREE DEVICE WHICH IS
ALLOWED BY THE BILL BUT EVEN ACCORDING TO A RECENT STAR
TRIBUNE ARTICLE
A STUDY FROM QUEENSLAND UNIVERSITY OF TECHNOLOGY IN AUSTRALIA
A TALKING ON A CELL PHONE WITH A
HANDS-FREE DEVICE
WHAT DRIVING IS JUST AS DISTRACTING
AS A CONVERSATION USED IN A
HANDHELD PHONE.
SO IF THE SUPPORTERS BELIEVE THAT HOLDING THE PHONE
TO HER EAR IS A DISTRACTION
PACKAGE OF IS TOO DISTRACTED
DRIVING DEATHS
AND IT SHOWN THAT THE USE OF A HANDS-FREE DEVICE IS JUST AS DISTRACTING
WHY ALLOW THE USE OF A
HANDS-FREE DEVICE IN
THIS BILL?>> CHAIR MARIANI:
MR. >> [LAUGHING] I'M GOING TO INTERRUPT YOU THERE IS
I'M GOING TO APOLOGIZE THERE IS ANOTHER COMMITTEE COMING IN HERE IN A FEW MINUTES.
I'LL GIVE THE OPTION OF WHETHER YOU CAN WRAP UP IN A MINUTE OR
SO. OTHERWISE YOU ABSOLUTELY CAN
COME BACK AND WE CAN WE CAN BE
COMING LATER. VERY WELL IF YOU
ARE DOING IN A MINUTE.
>> TESTIFIER: I WILL TALK FAST.
THIS TELLS ME THE LEGISLATIVE SUPPORTERS OF THIS BILL ARE NOT SO CONCERNED ABOUT ACTUAL
PUBLIC SAFETY
BUT THAT THEY WANT TO LOOK LIKE THEY ARE CONCERNED WITH PUBLIC SAFETY.
THE ONLY THING THIS BILL MAY DO IS RESULTS IN THOUSANDS OF DRIVERS
BEING TICKETED FOR PERFORMING AN ACTION
THAT STATISTICS OF JOE NOT TO BE A MAJOR CAUSE OF DISTRACTED DRIVING DEATHS DID
NOT EVEN 30% OF THE 2015 DEATHS
.. THIS BILL WILL ONLY RESULT
IN ISSUES OF THOUSANDS OF TICKETS
COLLECTING MILLIONS OF DOLLARS CREATING A NEW REVENUE STREAM.
THERE'S ANOTHER BILL IN THE HOUSE;
HOUSE FILE 104 THAT WISHES
TO INCREASE HER AND FIND FROM 50
SPEAK TO TO AT LEAST $150
AND $500 FROM A 3RD FENCE WITH THE SENATE VERSION ACTUALLY
REVOKING YOUR LICENSE FOR A PERIOD OF TIME FOLLOWING THE
3RD OFFENSE. THIS IS A SOUND AND LOGICAL PATH MINNESOTA
SHOULD TAKE.
THIS IS AN INCREASE IN BOTH PENALTY
AND DETERRENT
THE ACTIONS THAT WERE ACTUALLY CAUSING DISTRACTED DRIVING DEATHS
BUT LET ME REMIND YOU BOTH A
HANDS-FREE BILL AND
THE INCREASED TO THESE FUNDS TO THE
FINES BILL WERE TO PASS
THE SESSION
IT WILL BE CHARGING PEOPLE WERE SIMPLY HOLDING THEIR PHONES TO THEIR EARS
THE PENALTY OF AT
LEAST $150 AND POSSIBLY REVOKING THE LICENSE
FOR SOMETHING THAT STATISTICALLY IS NOT A MAJOR
CONTRIBUTION TO DISTRACTED
DRIVING DEATHS.
WHAT THE PROPONENTS ARE NOT
TELLING YOU >> CHAIR MARIANI: MR. COLEY;
[INAUDIBLE] ARE ACTUALLY IN THE
ROOM APPEARED ISOLATED BY YOU TO FINISH YOUR TESTIMONY LATER IF YOU WISH AND I'M SURE
MY MAYBE
SPIFFING THE QUESTIONS AS WELL AS WHAT YOU WANT TO INVITE
YOU BACK. >> TESTIFIER: OKAY. >> CHAIR MARIANI:
MEMBERS WE WILL RECONVENE IN ROOM 10 AT
5:30 PM.. UNTIL
THEN THIS COMMITTEE STANDS IN RECESS.
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