STATE OF MINNESOTA THIRTY-SIXTH MEETING
HOUSE OF REPRESENTATIVES EIGHTY-FOURTH SESSION
CIVIL LAW AND ELECTIONS COMMITTEE
MINUTES
Representative Jeff Johnson, Chair of the Civil Law and Elections Committee called the thirty-sixth meeting to order at 5:12 p.m. March 23, 2006 in the Basement Hearing Room, State Office Building, St. Paul, MN.
The Clerk noted the roll.
Members present:
JOHNSON, Jeff, Chair
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 not present at 5:12 p.m.
Chair Johnson took HF 1375 off of the table for discussion.
HF 1375 (Severson) Residential housing defect notice and opportunity to repair provided.
Testifying before committee on HF 1375:
Scott Andresen, Attorney, Bassford Remele;
HF 1375 (Severson) Residential housing defect notice and opportunity to repair provided.
Representative Severson discussed HF 1375.
A quorum was present at 5:25 p.m.
Representative Emmer. moved approval of the minutes of March 22, 2006. THE MOTION PREVAILED.
Representative Slawik moved Amendment H1375A6.
Testifying before committee on HF 1375:
Joel Carlson, Mn Trial Lawyers Association;
Nancy Emerson, Homeowner, St. Paul, MN;
Representative Slawik renewed her motion to adopt Amendment H1375A6.
Division was requested by Chair Johnson:
There being 6 ayes, and 5 nayes. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.
Representative Simon moved Amendment H1375A7.
Additional testifyers on HF 1375:
Edward Seifert, Homeowner, St. Paul, MN;
THE MOTION DID NOT PREVAIL. THE AMENDMENT WAS NOT ADOPTED.
Representative Emmer moved Amendment H1375A4. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.
Representative Westrom moved Amendment H1375A5.
Testifying before committee on HF 1375:
Gary Thaden, MMCA/NECA, St. Paul, MN;
THE MOTION DID NOT PREVAIL. THE AMENDMENT WAS NOT ADOPTED.
Representative Nelson, P. moved to re-consider the H1375A6 Amendment.
Rollcall requested by Representative Ellison on Amendment H1375A6.
Ayes: Nayes:
Johnson, J.
DeLaForest Ellison
Brod Hilty
Dean Lesch
Emmer Simon
Nelson Slawik
Westrom
Motion Prevailed, 7 Ayes and 5 Nayes. THE MOTION PREVAILED.
Representative Westrom made a non-debatable motion to lay the H1375A6 Amendment on the table. THE MOTION PREVAILED.
Chair Johnson renewed his motion that HF 1375 pass, as amended, and be placed on the General Register. THE MOTION PREVAILED.
Chair Johnson moved HF 3697 to pass, and be re-referred to the Health Policy and Finance Committee.
Representative Bradley discussed HF 3697.
HF 3697 (Bradley) Health and human services supplemental appropriations, transfers, and reductions provided; programs established and regulated; studies and reports required; and money appropriated.
Testifying before committee on HF 3697:
Scott Leitz, Mn Department of Health;
Chair Johnson renewed his motion that HF 3697 pass, and be re-referred to the Health Policy and Finance Committee. THE MOTION PREVAILED.
Chair Johnson moved HF 3158 to pass, and be re-referred to the Public Safety Policy and Finance Committee.
Representative Sykora discussed HF 3158.
HF 3158 (Sykora) Supervised visitation advisory committee established, marriage dissolution fees adjusted to fund parenting time centers, and money appropriated.
Testifying before committee on HF 3158:
Teri McLaughlin, Childrens Safety Center;
Joseph McClellan, Parent;
Joel Carlson, Mn Coalition of Battered Women;
Dorie Twist, Hands of Hope;
Ron Elwood, Mn Legal Aid.
Chair Johnson renewed his motion that HF 3158 pass, and be re-referred to Public Safety Policy and Finance Committee. THE MOTION PREVAILED.
Chair Johnson moved HF 3389 to pass and be placed in the Data Practices Omnibus Bill.
Chair Johnson moved Amendment H3389DE1. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.
Representative Cornish discussed HF 3389.
HF 3389 (Cornish) Bureau of Criminal Apprehension name and event index service classified.
Chair Johnson renewed his motion that HF 3389 pass, as amended, and be placed in the Data Practices Omnibus Bill. THE MOTION PREVAILED.
Chair Johnson moved HF 3086 to pass, and be placed in the Data Practices Omnibus Bill.
Representative Powell discuss HF 3086.
HF 3086 (Powell) Reporting of maltreatment of vulnerable adults data sharing with local medical examiner of reports of suspicious deaths required.
Testifying before committee on HF 3086:
Carmen Castaneda, Hennepin County Adult Protection;
Chair Johnson renewed his motion that HF 3086 pass, and be placed in the Data Practices Omnibus Bill. THE MOTION PREVAILED.
Chair Johnson moved HF 3308 to pass and be re-referred to the Public Safety Policy and Finance Committee.
Chair Johnson moved to amend HF 3308 as follows:
Page 10, line 14.11 – delete Article 4.
THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.
Chair Johnson moved H3308A11 Amendment. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.
Representative Smith discussed HF 3308.
HF 3308 (Smith) Immigration, human trafficking, drivers' license and identification, and sanctuary cities regulation and enforcement provided; and money appropriated.
Testifying before committee on HF 3308:
Virgil Wiebe, University of St. Thomas;
Teresa Nelson, ACLU, MN;
Chair Johnson amended his motion that HF 3308 pass, as amended, and be re-referred to the Public Safety Policy and Finance Committee without recommendation. THE MOTION PREVAILED.
Chair Johnson moved HF 3378 pass, and be laid on the table as the data practices omnibus bill.
Chair Johnson moved Amendment H3378DE3.
Representative Holberg discussed HF 3378.
HF 3378 (Holberg) Immigration, human trafficking, drivers' license and identification, and sanctuary cities regulation and enforcement provided; and money appropriated.
Chair Johnson moved to amend HF 3378 as follows:
Page 4, lines 4.9 – 4.12 – delete Subdivision 6.
THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.
Chair Johnson moved Amendment H3378DE3. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.
Testifying before committee on HF 3378:
Dan Youmans, Executive Director, Cingular Wireless;
Rich Neumeister, Citizen;
Doug Mandy, Mn Department of Health.
Chair Johnson moved that HF 3378 be placed in the Data Practices Omnibus Bill. THE MOTION PREVAILED.
Chair Johnson moved HF 3868 to pass and be placed in the Data Practices Omnibus Bill.
HF 3868 (Holberg) Government records management requirements and emergency records preservation requirements modified.
Representative Holberg discussed HF 3868.
Chair Johnson renewed his motion that HF 3868 pass, and be placed in the Data Practices Omnibus Bill. THE MOTION PREVAILED.
Chair Johnson moved HF 3487 to pass without recommendation and be re-referred to the Commerce Committee.
HF 3487 (Holberg) Data classified, civil remedies and penalties provided.
Representative Holberg discussed HF 3487.
Chair Johnson renewed his motion that HF 3487 pass without recommendation and be re-referred to the Commerce Committee. THE MOTION PREVAILED.
Chair Johnson moved HF 2585 to pass and be placed in the Data Practices Omnibus Bill.
Chair Johnson moved Amendment A06-1285. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.
Representative Holberg discussed HF2585.
HF2585 (Holberg) CIBRS (Comprehensive Incident-Based Reporting System) access authorized for the Department of Corrections' Fugitive Apprehension Unit and secure subscription service designed to enhance officer safety during tactical operations employed.
Chair Johnson moved to amend HF 2585 as follows:
Page 1, line 1.15 – delete “must”
THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.
Chair Johnson moved HF 3867 to pass and be placed in the Data Practices Omnibus Bill.
Representative Holberg discussed HF 3867.
HF 3867 (Holberg) Open meeting law length of time increased for giving notice of administrative opinion.
Chair renewed his motion that HF 3867 pass, as amended, and be placed in the Data Practices Omnibus Bill. THE MOTION PREVAILED.
Chair Johnson moved HF 3378 to pass and be placed in the Data Practices Omnibus Bill.
Representative Dean moved Amendment H3378A2.
Representative Holberg discussed HF 3378.
HF 3378 (Holberg) Drinking water testing data classified as private and nonpublic.
Testifying before committee on HF 3378:
Dan Youmans, Executive Director, Cingular Wireless.
Rich Neumeister, Citizen.
Representative Dean renewed his motion that Amendment H3378A2 pass. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.
Representative DeLaForest moved Amendment H3378A10. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.
Chair Johnson renewed his motion that HF 3378 pass, as amended, and be placed on the General Register. THE MOTION PREVAILED.
Chair Johnson moved HF 3601 to pass and be placed on the General Register.
Representative Clark discussed HF 3601.
HF 3601 (Clark) Landlords prohibited from preventing tenants from posting campaign material in residence windows.
Testifying before committee on HF 3601:
Jack Horner, Mn Multi Housing Association.
Malcolm L. Bisson, Ocete Sakown Tipi.
Chair Johnson renewed his motion that HF 3601 pass, and be placed on the General Register. THE MOTION DID NOT PREVAIL.
Division was requested:
There being 5 ayes, and 7 nayes.
THE MOTION DID NOT PREVAIL.
Representative Slawik moved HF 3710 to pass and be placed on the General Register.
Representative Slawik moved Amendment H3710DE1.
Representative Slawik moved to amend H3710DE1 as follows:
Page 1, Line 12 – delete new language.
THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.
Chair Johnson renewed his motion that HF 3710 pass, as amended, and be placed on the General Register. THE MOTION PREVAILED.
Meeting recessed at 8:00 p.m.
Meeting re-convened at 8:26 p.m.
Representative Emmer moved HF 3369 to pass and be placed on the General Register.
Representative Emmer discussed HF 3369.
HF 3369 (Emmer) Polling place location consistency provided.
Testifying before committee on HF 3369:
James Hansen, Secretary of State’s Office;
Representative Emmer renewed his motion that HF 3369 pass, and be placed on the General Register. THE MOTION PREVAILED.
Representative Emmer moved HF 3385 to pass, and be placed on the General Register.
HF 3385 (Emmer) Help America Vote Act rule adoption made permanent.
Representative Emmer moved Amendment 3385A1. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.
Representative Emmer discussed HF 3385.
Testifying before committee on Hf 3385:
Mike McCarthy, Secretary of State’s Office;
Luci Bolzek, MACI;
Bert Black, Secretary of State’s Office.
Chair Johnson moved to lay HF 3385 on the table for further discussion until Monday, March 27, 2006 meeting.
Representative Emmer moved HF 3178 to pass and be placed on the General Register.
Representative Emmer discussed HF 3178.
HF 3178 (Emmer) Teachers charged with felonies subject to suspension without pay.
Testifying before committee on HF 3178:
Jan Alswager, Education Minnesota.
Representative Emmer renewed his motion that HF 3178 pass, as amended, and be placed on the General Register. THE MOTION PREVAILED.
Representative Westrom moved HF 3384 to pass and be placed on the General Register.
Representative Westrom discussed HF 3384.
Testifying before committee on HF 3384:
Rachel Becker, Secretary of State’s Office;
James Hansen, Secretary of State’s Office.
Representative Hilty moved Amendment H3384A1. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.
Representative Westrom renewed his motion that HF 3384 pass, as amended, and be placed on the General Register. THE MOTION PREVAILED.
Representative Westrom moved HF 3370 to pass and be placed on the General Register.
Representative Westrom discussed HF 3370.
HF 3370 (Westrom)
Testifying before Committee on HF 3370:
Jim Hansen, Secretary of State’s Office;
Mike McCarthy, Secretary of State’s Office;
Beth Fraser, Voting Rights Coalition.
Representative Westrom renewed his motion that HF 3370 pass, and be placed on the General Register. THE MOTION PREVAILED.
Representative Westrom moved HF 3110 pass, and be placed on the General Register.
Representative Westrom discussed HF 3110.
HF 3110 (Westrom) Voting system criteria established.
Representative Hilty discussed Amendment SCS2743A1.
Testifying before committee on HF 3110:
Jim Hansen, Secretary of State’s office.
Representative Westrom renewed his motion that HF 3110 pass, as amended, and be placed on the General register. THE MOTION PREVAILED.
Representative Ellison moved HF 3475 to pass and be placed on the General Register.
Representative Ellison discussed HF 3475.
HF 3475 (Ellison) Deceptive election practices regarding time, place, or manner of conducting an election prohibited.
Testifying before committee on HF 3475:
Beth Fraser, Voting Rights Coalition;
Jim Hansen, Secretary of State’s Office.
Representative Ellison moved that HF 3475 pass, and be re-referred to the Public Safety Policy and Finance Committee. THE MOTION PREVAILED.
The meeting was adjourned at 10:00 p.m.
REP. JEFF JOHNSON CHAIR
Rebecca Lowden
Committee Legislative Assistant