House DFL Leadership railroads Baby DNA bill to passage
Amended House Bill (HF1341) will enable the Health Department and the Mayo Clinic to KEEP their Baby DNA Warehouses
- Citizen Rights Quashed
- What's Next?
- Critical Action Items
Rights Quashed
Yesterday, members of the Minnesota House pushed the Baby DNA bill (HF 1341) through the House health policy committee at break neck speed, focusing on testing rather than storage and use of baby DNA, preventing testimony from being heard, and ruling against attempts to add parent consent requirements. Footage of the hearing starting at 1:04:21 and ending at 1:42:00
Most at fault:
Rep. Tina Liebling (D-Rochester) - representing Mayo Clinic (see letter)
Rep. Kim Norton (D-Rochester) - representing Mayo Clinic
Rep. Jim Abeler (R-Anoka) - Republican Lead **see action item below**
Here's what happened:
- CCHC's "baby DNA" signs (8.5x11in.) were shut down. (1:05:37) Against First Amendment rights, Rep. Liebling, acting as Committee Chair for hearing on Chairman Thissen's bill, announced publicly that it was against House rules for CCHC supporters to have signs in the committee room.
- Only about 12 out of 70 letters sent by the public to the Committee were published as written testimony. The rest were omitted.
- Of the five people who asked to testify against the bill, only Twila Brase, CCHC's president (wearing a "PROTECT BABY DNA" sticker) was allowed to testify. Everyone else was shut out. (1:30:20)
- Rep. Liebling interrupted Ms. Brase while she was testifying to let Rep. Norton challenge Brase's assertion that the health department did not have the right to collect, store and use baby blood when they began in 1997. (1:33:48
) Brase explained Norton's error to everyone in the audience and everyone watching the television coverage. Norton had earlier argued (1:21:25) for Mayo retaining the blood for Mayo research, pointing our the Mayo Clinic letter to the committee and saying they aren't an "evil entity." Rep. Leibling interrupted Ms. Brase again toward the end of her testimony to say "wrap up, Ms. Brase."
- Rep. Abeler, co-author of HF 1341, offered an amendment to KEEP the nearly 12-yr old baby DNA warehouse in operation for two more years, until 2011 (1:12:56). However, his likely intent is to promise to discard the DNA in 2011, but to keep the warehouse intact long after. Here's how: in 2011, (when Governor Pawlenty is likely gone), the department can simply bring a bill to extend the expiration date into the future or to repeal the discard requirement altogether. As in the past, Rep. Abeler appears to be working in sync with the health department adding future expiration
dates to controversial legislation so the expiration date can later be repealed when public outrage has died down. See HF 1554 (this year's repeal of Abeler's 2005 expiration date regarding due process rights)
- When Rep. Tom Emmer (R-Delano) tried to add a parent consent amendment, (1:38:10) Liebling ruled that it was not allowed. When Liebling's ruling was challenged, Rep. Abeler refused to support his Republican colleague Rep. Emmer in the roll call vote on Liebling's ruling. Instead of voting in support of Emmer, Republican Lead Abeler chose not to vote. On a vote of 13-6, Liebling's rule held and no parent consent amendment was allowed to be offered.
- After raised voices, the committee passed the bill with Abeler's "keep the DNA warehouse" amendment included.
- Also, Rep. Thissen, author of the bill, discussed the pending lawsuit against MDH. When asked why he's not waiting for the conclusion of the lawsuit, he said, "we want to get this law clarified." He added, "It'll save litigation costs if we pass this bill because that'll take one part of that lawsuit and maybe most of that lawsuit away." (1:15:00).
What's Next?
The amended House baby DNA bill will soon be heard in the House Civil Justice Committee, at a date yet to be announced. Rep. Mary Liz Holberg (R-Lakeville) is a member of the committee, and a strong advocate of privacy.
In the Senate, introduction of a new Senate bill is possible. Or...the Senate could simply use the amended House bill for a Senate vote. Once that happens, it will be sent to the Governor, perhaps as soon as the end of the month. Then it'll be up to the Governor to pass or veto it.
Critical Action Items
- Rep. Abeler: Given his failure to support Rep. Emmer on a procedural vote, perhaps it's time for new Republican leadership on the committee. To validate his leadership, Rep. Abeler should have spoken up and requested that his Republican colleague Rep. Emmer receive the normal courtesy that he deserved. If you agree that new leadership is needed, please contact Minority Leader Rep. Marty Seifert (651-296-5374, 888-234-1242, rep.marty.seifert@house.mn) to request that he appoint a new Republican Lead on the Health Care and Human Services Policy and Oversight Committee.
- Governor Pawlenty: Contact the Governor. Ask him to VETO the bill if it comes. And ask him to shut down his health commissioner's efforts to eliminate genetic privacy and informed written consent.
- Legislators: Contact your state Representative and Senator to oppose the baby DNA bill (HF1341).
- Letter to Editor: Write a letter to the Editor of your local paper. Give www.itsmydna.org as the place to access forms for parents to opt-out of the DNA warehouse.
Governor Tim Pawlenty: tim.pawlenty@state.mn.us; 651-296-3391; 1-800-657-3717
State Representative: rep.firstname.lastname@house.mn
State Senator: sen.firstname.lastname@senate.mn
House Information: 651-296-2146
Senate Information: 651-296-0504
- CCHC -
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