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Civil Law and Elections

FIFTEENTH MEETING

2005-2006 Regular Session - Wednesday, March 16, 2005

STATE OF MINNESOTA FIFTEENTH MEETING
HOUSE OF REPRESENTATIVES EIGHTY-FOURTH SESSION

CIVIL LAW AND ELECTIONS COMMITTEE

MINUTES



Representative Jeff Johnson, Chairman of the Civil Law and Elections Committee, called the fifteenth meeting to order at 12:40 PM on Wednesday, March 16, 2005, in Room B of the State Office Building.

The Clerk noted the roll.

Members present:

JOHNSON, Jeff, Chairman
DELAFOREST, Chris, Vice-Chair
BROD, Laura
DEAN, Matt
ELLISON, Keith
EMMER, Tom HILTY, Bill
LESCH, John
NELSON, Peter
SIMON, Steve
SLAWIK, Nora
WESTROM, Torrey


A quorum was present.

Representative John Lesch moved approval of the March 14, 2005 Civil Law and Elections Committee minutes. THE MOTION PREVAILED. THE MINUTES WERE ADOPTED.

Chairman Jeff Johnson moved HF1321 (Smith), Marriage dissolution, child custody, support, maintenance, and property law recodified and reformed; and money appropriated, be recommended to pass and re-referred to the Jobs and Economic Development Committee.

Chairman Johnson moved amendment DE1 be adopted (see attached).

Chairman Johnson laid over HF1321 at 12:45 PM.

Representative Hilty moved HF1478, Absentee voter ongoing status provided, be recommended to pass and be held over for possible inclusion in the Omnibus Elections bill.

Representative Hilty moved the following oral amendments (see attached):

Page 1, line 11, after the word "ballot" insert the word "application"
Page 1, line 14, delete the word "card" insert the word "record"
Page 1, line 10, after the word "voter" and before the period, insert "who reasonably expects to meet the requirements of Mn. Statutes 203B.2, subd. 1 on
an ongoing basis.

THE MOTION PREVAILED. THE AMENDMENTS WERE ADOPTED.

Testifying in support of HF1478:

Carl Knutson Brotherhood of Truckers

Representative Hilty renewed his motion that HF1478, as mended, be held over for possible inclusion in the Omnibus Elections bill. THE MOTION PREVAILED.

Representative Dean moved HF1464, Medical malpractice liability reform, be recommended to pass and be re-referred to the General Register.

Representative Dean moved the A05-0273C amendment. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Testifying in support of HF1464:

Dr. Mark Lindquist ER Physician, Detroit Lakes
Dr. Beth Elstrand Obstetrics and OB/GYN
Dr. Terry Cahill Minnesota Medical Assoc., Blue Earth, MN

Chairman Johnson laid HF1464, as amended, on the table.

Chairman Johnson welcomed the Southview Middle School students in Edina who were participating in the capitol historic sights “Voice of the People.”

Chairman Johnson took HF1321 from the table at 1:35PM.

Chairman Johnson moved the H1321DE1 amendment (see attached). THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Representative Pete Nelson moved the H1321A2 amendment (see attached).

Testifying in support of H1321A2:

Steve Erickson Attorney
Mike McNabb Attorney
Andy Dawkins City of St. Paul
Don McPhail

Testifying in opposition of H1321A2

Reggie Wagner Legal Advocacy Services
Donald Erickson Family law attorney

Representative Ellison moved to amend the H1321A2 amendment, as follows:

Page 2, line 14, delete "90" days, and insert "270" days

Representative Johnson moved the amendment to the amendment. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Representative Ellison moved to amend H1321A2 amendment, as follows:

Page 3, line 14, change the "wholesome" to "nurturing"
Page 4, line 13, change the word "sex" to "gender"

Representative Johnson moved the amendment to the amendment.
THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Representative Nelson renewed his motion that the A2 amendment be adopted.
THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Representative Johnson laid HF1321 on the table.

The committee recessed at 2:00PM.


Chairman Johnson took HF1321, as amended, from the table at 7:05PM.

Testifying in opposition to HF1321:

Terry Nybloom Diane Anderson
Michele DelCastillo Les Jobst
Molly Olson Jim Huntsman
Gary Vogel Thomas Lloyd
Michael McNabb

Testifying in support of HF1321:

Reggie Wagner Legal Services Advocacy Project

Representative Johnson renewed his motion that HF1321, as amended, be passed and re-referred to Jobs and Economic Committee. THE MOTION PREVAILED.

Representative Dean renewed his motion that HF1464, as amended, be passed and re-referred to the Public Safety Committee.

Testifying in opposition to HF1464:

Joel Carlson Trial Lawyers
Mark Hallberg Attorney at Law

Representative Emmer moved the A05-0273C be amended, with the following oral amendments:

Page 1, line 21, change "or" to "and"
Page 2, line 2, change "or" to "and"
Page 2, line 5, change "or" to "and"
Page 2, line 7, change "or" to "and"

Representative Johnson moved the A05-0273C, as amended (see attached). THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Representative Emmer moved the A05-0273A amendment with the following oral amendments (see attached).

Page 1, line 11, after "who is board certified" insert "if board certification is available to that particular specialty"

Page 1, line 12, after the words "practicing in the", delete the words "specific area or areas" and insert "specialty or specialty areas."

Chairman Johnson moved the amendment to the A05-0273C, as amended.

Representative Ellison requested a roll call vote.

Ayes Nayes

JOHNSON, J. ELLISON
BROD HILTY
DEAN LESCH
NELSON SIMON
WESTROM
EMMER

Total: 6 Ayes 4 Nayes



THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Testifying in opposition:

John Dornik Attorney at Law
Past President of the Minnesota State Bar Assoc.

Representative Dean renewed his motion that HF1464, as amended, be recommended to pass and re-referred to Public Safety.

Representative Ellison requested a roll call vote.


Ayes Nayes

JOHNSON ELLISON
BROD HILTY
DEAN LESCH
EMMER SIMON
NELSON

Total: 5 Ayes 4 Nayes



THE MOTION PREVAILED.

Chairman Johnson moved HF674,(Knoblach) State Board of Investment data classified, be recommended to pass and placed on the General Register.

Chairman Johnson moved the H0674A1 amendment (see attached). THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Representative Knoblach presented HF674.

Testifying in support of HF674:

Howard Bicker State Board of Investment

Chairman Johnson renewed his motion that HF674, as amended, be recommended to pass, and placed on the General Register. THE MOTION PREVAILED.

Chairman Johnson moved HF1008 (Vandeveer) Adoption communication or contact agreement provisions modified, be recommended to pass and re-referred to Jobs and Economic Development.

Chairman Johnson moved the H1008A1 amendment (see attached). THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Representative Vandeveer presented HF1008.

Testifying in support of HF1008:

Debi Burmeister Grandparent
Peter Banovetz Attorney


Chairman Johnson moved a technical amendment to H1008A1, as follows:

Page 1, line 2 of the amendment draw a line through "and insert:"
Page 1, between lines 2 and 4 write in Page 4, delete lines 1 to 6 and insert"

THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Chairman Johnson renewed his motion that HF1008, as amended, be recommended to pass, and re-referred to the Jobs and Economic Committee. THE MOTION PREVAILED.

The meeting was adjourned at 9:20PM.

______________________________
REP. JEFF JOHNSON, CHAIR


______________________________
JOYCE ROGERS
COMMITTEE LEGISLATIVE ASST.