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April 1, 2009


"End of Genetic Privacy" (Baby DNA) bill passes Senate Committee


Today, the "End of Genetic Privacy" (Baby DNA Warehouse) bill, Senate File 1478, passed in the same Senate health care committee where it was defeated on March 16th with the help of 50+ parents and children in the room. See WHO did it and what happened below.

No meaningful public notice was given for this hearing. An email was sent out 16 minutes before the Committee was scheduled to begin.

This time, there were no concerned parents or children in the room.

SF 1478 eliminates the genetic privacy law for every citizen 12 and younger...and their parents. In other words, eventually all citizens will not be protected by the genetic privacy law's prohibition on government collection and use of genetic information. The law will be null and void.

The bill is going next to the Senate Judiciary Committee.  It's likely to happen on Tuesday, April 7, 2009 at 3:00 p.m.

The House version of the bill could come up on the House floor for a vote any day. To contact your legislators, see the right side of the CCHC home page.


THE VOTE:

The bill passed on a roll call vote 8-3.

VOTING YES TO PASS THE BILL:

Committee Chair, Sen. John Marty (D-Roseville)
Sen. Linda Berglin (D-Mpls)
Sen. John Doll (D-Burnsville)
Sen. Sharon Erickson-Ropes (D-Winona)
Sen. Ann Lynch (D-Rochester)
Sen. Yvonne Prettner Solon (D-Duluth)
Sen. Patricia Torres Ray (D-Mpls)
Sen. Tony Lourey (D-Kerrick)

VOTING NO (against the bill):

Sen. Michelle Fischbach (R-Paynesville)
Sen. David Hann (R-Eden Prairie)
Sen. Debbie Johnson (R-Ham Lake)

ABSENT:
Sen. Paul Koering (R-Fort Ripley)
Sen. Linda Higgins (D-Mpls)


WHAT HAPPENED

There were only 16 minutes of public notice on the baby DNA warehouse bill.   A 12:14 p.m. email was sent before the Senate Health, Housing, and Family Security Committee began at 12:30 p.m.

Sen. Tony Lourey (D-Kerrick) brought the bill up for reconsideration soon after the committee began. The author of the bill was not there, and at Sen. Fischbach's (R-Payneville) insistence, the hearing was delayed to wait for the author (Scheid-D) or co-author (Rosen-R) to arrive. The committee adjournment was delayed past 2:45 p.m. to wait for the author. The bill was finally heard at 3:05 once Sen. Linda Scheid (D-Brooklyn Park) arrived. Sen. Scheid said she did not know the bill was coming up. The health department newborn genetic testing staff were not in the room. Perhaps they had been told there was no need for them to appear.

There was in fact almost no one left in the audience, and no testimony was taken.

Sen. Fischbach argued against moving forward due to being past the committee's time schedule and the controversial nature of the bill. Sen. Marty gave Sen. Lourey the opportunity to withdraw his move to reconsider the bill. As the committee waited, Sen. Ann Lynch (R-Rochester) whispered in Sen. Lourey's ear. Sen. Lourey then said, "My motion stands."

Senator Lynch then moved to amend the bill to make the language just like the Baby DNA Warehouse bill she carried last year - the one the Governor vetoed.

Sen. Linda Berglin (D-Mpls) argued in favor of the amendment saying that the original Scheid bill's requirement that DNA be destroyed after two years would make it a burden on parent to ask for the State to retain their child's DNA. No one mentioned the burden on the parents to have the State destroy their child's DNA today and into the future.

Sen. Debbie Johnson (R-Ham Lake) tried to adjourn the meeting, but was voted down.
Sen. David Hann (R-Eden Prairie) argued against legalizing MDH illegal activities, and retaining blood samples without parent consent.
Sen. Fischbach argued that the entire proceedings were "inappropriate."

But one DFL senator said, "Two years is too short of time" for the Department to have the newborn blood on file.

The bill passed. See vote above.

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Citizens' Council on Health Care is a non-profit, independent health care policy organization that supports free-market ideas in health care.



Citizens' Council on Health Care
1954 University Avenue West, Suite 8, St. Paul, MN 55104
Phone: 651.646.8935 / Fax: 651.646.0100, e-mail