STATE OF MINNESOTA THIRTY-FIFTH MEETING
HOUSE OF REPRESENTATIVES EIGHTY-SIXTH SESSION
CIVIL JUSTICE POLICY COMMITTEE MINUTES
Representative Mahoney called the meeting to order at 4:51 P.M. on Monday, March 8, 2010, in Room 10 of the State Office Building.
The Legislative Assistant noted the roll.
Members Present:
Mullery, Chair
Kulick Jackson, Vice Chair
Drazkowski, GOP Lead
Champion
Hilstrom
Holberg
Johnson
Kelly
Mahoney
Olin
Paymar
Scott
Members Excused:
Westrom
A quorum was present.
H.F. 2610 (Mullery): A bill for an act relating to forfeiture; requiring officers to give forfeiture receipts upon seizure property; implementing timelines for forfeiture notice and hearings; a cap on the value of property that may be forfeited administratively; petitions for remission and mitigation of seized property; requiring by prosecutor before property may be forfeited administratively; forfeiture proceeds to be deposited in special trust accounts; directing of Public Safety to establish ethical guidelines related to forfeiture; requiring law enforcement to secure seized property; prohibiting of forfeited property to law enforcement officers, employees, and family; amending Minnesota Statutes 2008, sections 609.531, subdivisions, 5, by adding subdivisions; 609.5311, subdivision 3; 609.5313; 609.5314, 2, 3; 609.5315, subdivisions 1, 2, 5.
Representative Mullery moved adoption of the
H2610A1 amendment. THE MOTION PREVAILED.
Representative Mullery moved that H.F. 2610, as amended, be recommended to pass, and when so passed, be re-referred to the Committee on Public Safety Policy and Oversight. THE MOTION PREVAILED.
Representative Mullery assumed the chair at 4:54 p.m.
H.F. 3187 (Bigham): A bill for an act relating to civil commitments; providing for oaths or affirmations without notarization and the acceptability of electronic signatures and documents; amending Minnesota Statutes 2008, section 253B.23, by adding a subdivision.
Representative Hilstrom moved H.F. 3187 before the committee.
Representative Bigham presented her bill.
Representative Hilstrom moved that H.F. 3187 be recommended to pass, and when so passed, be placed on the General Register. THE MOTION PREVAILED.
Representative Kulick-Jackson moved adoption of the Minutes for March 1, 2010, and March 3, 2010. THE MOTION PREVAILED.
H.F. 1217, the Third Engrossment (Gardner): A bill for an act relating to solid waste; expanding categories of persons allowed to possess legend and nonprescription drugs to include those disposing of them; modifying definitions; prohibiting flushing drugs into sewer system by health care facilities; amending Minnesota Statutes 2008, sections 151.37, subdivisions 6, 7; 151.44; proposing coding for new law in Minnesota Statutes, chapter 144.
Representative Mullery moved H.F. 1217 before the committee.
Representative Mullery moved to orally amend H.F. 1217, the Third Engrossment, as follows:
Page 1, delete Section 1.
THE MOTION PREVAILED.
Representative Gardner gave a brief description of his bill.
Representative Mullery moved that H.F. 1217, the Third Engrossment, as amended, be passed without recommendation and be placed on the General Register. THE MOTION PREVAILED.
H.F. 3239, the First Engrossment (Abeler): A bill for an act relating to human services; making changes to licensing provisions; modifying background study requirements, disqualifications, and data classification; amending Minnesota Statutes 2008, sections 245A.07, subdivision 2a; 245A.30; 245B.05, subdivision 7; 245C.02, subdivision 18; Minnesota Statutes 2009 Supplement, sections 245A.03, subdivision 2; 245A.04, subdivisions 5, 7; 245A.07, subdivisions 1, 3; 245A.144; 245A.50, subdivision 5; 245C.15, subdivision 2; 245C.20; 245C.22, subdivision 7; repealing Minnesota Rules, part 2500.5000.
Representative Mahoney moved H.F. 3239 before the committee.
Representative Abeler gave a brief description of his bill.
Testifying for the bill:
Laura Zrust, Department of Human Services
Representative Mahoney moved that H.F. 3239, the First Engrossment, be recommended to pass, and when so passed, be re-referred to the Committee on Early Childhood Policy and Finance. THE MOTION PREVAILED.
H.F. 2613 (Hilstrom): A bill for an act relating to real property; providing for mediation prior to commencement of mortgage foreclosure proceedings on homestead property; creating a homestead-lender mediation account; amending Minnesota Statutes 2008, sections 580.021, as amended; 580.022, subdivision 1; 580.23, by adding a subdivision; 582.30, subdivision 2; Minnesota Statutes 2009 Supplement, sections 357.18, subdivision 1; 508.82, subdivision 1; 508A.82, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 583.
Representative Hilstrom moved that H.F. 2613 be recommended to pass, and when so passed, be re-referred to the Committee on Finance.
Representative Hilstrom presented her bill.
Testifying against the bill:
Steve Johnson, Minnesota Bankers Association
Kevin Dunlevy, Co-Chair, Legislative Committee, Real Property Section, Minnesota State Bar Association
Testifying for the bill:
Kermit Fruechte, Attorney General’s Office
Representative Hilstrom renewed her motion. THE MOTION PREVAILED.
H.F. 3048, the First Engrossment (Norton): A bill for an act relating to labor and industry; modifying construction codes and licensing provisions; modifying certain notice provisions; amending Minnesota Statutes 2008, sections 178.01; 178.03, subdivisions 3, 4; 178.06; 178.08; 178.11; 326.02, subdivision 5; 326B.04, subdivision 2; 326B.127, subdivision 3; 326B.13, subdivisions 3, 4, 5, 6; 326B.133, subdivision 5; 326B.139; 326B.142; 326B.148, subdivisions 2, 3; 326B.191; 326B.31, subdivision 28; 326B.33, subdivision 17; 326B.42, subdivisions 2, 6; 326B.435, subdivision 2; 326B.47; 326B.84;
326B.89, subdivisions 1, 5, 6, 7, 8, 10, 13, by adding subdivisions; 326B.921, subdivision 3; Minnesota Statutes 2009 Supplement, sections 14.14, subdivision 1a; 326B.145; repealing Minnesota Statutes 2008, sections 299G.11; 299G.13, subdivisions 1, 6, 9, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28; 299G.14; 299G.15; 299G.16; 299G.17; 299G.18; 326B.115; 326B.37, subdivision 13; Minnesota Rules, parts 5200.0020; 5200.0050; 5200.0080, subparts 2, 3, 4, 4a, 4b, 6, 7, 8.
Representative Mahoney moved H.F. 3048 before the committee.
Representative Norton gave a brief description of her bill.
Representative Mahoney moved that H.F. 3048, the First Engrossment, be recommended to pass, and when so passed, be re-referred to the Committee on Finance. THE MOTION PREVAILED.
H.F. 2902 (Atkins): A bill for an act relating to commerce; regulating motor vehicle sales and distribution; amending Minnesota Statutes 2008, sections 80E.01; 80E.03, by adding a subdivision; 80E.13; 80E.14, subdivision 1, by adding a subdivision; Minnesota Statutes 2009 Supplement, sections 80E.09, subdivisions 1, 3; 80E.12; 80E.135; 80E.14, subdivision 3.
Representative Hilstrom moved H.F. 2902 before the committee.
Representative Hilstrom moved the
A10-2250 amendment. THE MOTION PREVAILED.
Representative Atkins gave a brief description of his bill.
Testifying for the bill:
Alyssa Schlander, Minnesota Auto Dealers Association
George McGuire, GM dealer
Testifying against the bill:
Sandy Neren, Alliance of Automobile Manufacturers
Representative Hilstrom moved that H.F. 2902, as amended, be recommended to pass, and when so passed, be placed on the General Register. THE MOTION PREVAILED.
H.F. 3088 (Hayden): A bill for an act relating to human services; making changes to children and family services technical and policy provisions; Minnesota family investment program and adult supports; early childhood development; child welfare; amending Minnesota Statutes 2008, sections 119B.189, by adding subdivisions; 119B.19, subdivision 7; 119B.21, as amended; 245A.04, subdivision 11; 256.01, by adding a subdivision; 256.046, subdivision 1; 256.82, subdivision 3; 256.98, subdivision
8; 256J.24, subdivisions 3, 5a, 10; 256J.37, subdivision 3a; 256J.425, subdivision 5; 260C.007, subdivision 4; 260C.193, subdivision 6; 260C.201, subdivision 10; 260C.451; 626.556, subdivision 10; Minnesota Statutes 2009 Supplement, sections 256D.44, subdivision 3; 256J.24, subdivision 5; 56J.425, subdivision 2; 256J.521, subdivision 2; 256J.561, subdivision 3; 256J.66, subdivision 1; 256J.95, subdivisions 3, 11; 260.012; 260C.212, subdivision 7; repealing Minnesota Statutes 2008, section 256.82, subdivision 5; Minnesota Rules, part 9560.0660.
Representative Champion moved H.F. 3088 before the committee.
Representative Hayden gave a brief description of his bill.
Testifying for the bill:
Erin Sullivan Sutton, Department of Human Services
Representative Champion moved that H.F. 3088 be recommended to pass, and when so passed, be re-referred to the Committee on Early Childhood Policy and Finance. THE MOTION PREVAILED.
H.F. 3039, the First Engrossment (Hayden): A bill for an act relating to children; modifying driver’s license requirements for foster children; requiring in-court reviews; expanding the definition of parent for child protection proceedings; amending Minnesota Statutes 2008, sections 171.04, subdivision
1; 171.05, subdivision 2; 171.055, subdivision 1; 245C.33, subdivision 4, by adding a subdivision; 260C.007, subdivision 4; 260C.163, subdivisions 1, 2; 260C.193, subdivision 6; 260C.201, subdivision 10; 260C.317, subdivision 3; 260C.451; Minnesota Statutes 2009 Supplement, sections 260C.007, subdivision 25; 260C.150, subdivision 3; 260C.151, subdivision 1; 260C.178, subdivision 3; 260C.201, subdivision 11; 260C.212, subdivision 7; 260C.331, subdivision 1; 260C.456.
Representative Johnson moved H.F. 3039 before the committee.
Representative Johnson moved the
H3039A4 amendment. THE MOTION PREVAILED.
Representative Johnson moved to orally amend H.F. 3039, the First Engrossment, as follows:
Page 6, delete Section 2
Page 26, delete Section 3
THE MOTION PREVAILED.
Representative Hayden gave a brief description of his bill.
Testifying for the bill:
Erin Sullivan Sutton, Department of Human Services
Representative Johnson moved that H.F. 3039, the First Engrossment, as amended, be recommended to pass, and when so passed, be re-referred to the Committee on Finance. THE MOTION PREVAILED.
H.F. 3299 (Hayden): A bill for an act relating to child support enforcement; updating provisions on access to certain information; authorizing certain actions by a public authority; requiring a notice; imposing certain duties; amending Minnesota Statutes 2008, sections 256.978, subdivision 2; 518A.46; subdivision 5; by adding a subdivision; repealing Minnesota Statutes 2008, sections 548.091, subdivision 3b; 548.092.
Representative Olin moved H.F. 3299 before the committee.
Representative Olin moved adoption of the
H3299A1 amendment. THE MOTION PREVAILED.
Representative Scott moved to orally amend H.F. 3299 as follows:
Page 1, delete Section 1.
THE MOTION PREVAILED.
Representative Hayden gave a brief description of his bill.
Representative Olin moved that H.F. 3299, as amended, be recommended to pass, and when so passed, be placed on the General Register. THE MOTION PREVAILED.
H.F. 2824 (Hayden): A bill for an act relating to real property; modifying time for requesting a hearing on an order to secure a building; modifying notice of sale requirements; requiring a certificate of sale and specified information to be provided to political subdivisions; authorizing political subdivisions to recover costs and attorney fees associated with obtaining a five-week redemption period; amending Minnesota Statutes 2008, sections 580.03; 5890.12; 580.30, subdivision 1; 582.03, subdivision 1; 582.032, by adding a subdivision; Minnesota Statutes 2009 Supplement, sections 463.251, subdivision 3; 580.04.
Representative Mullery moved H.F. 2824 before the committee.
Representative Mullery moved to orally amend H.Fl. 2824 as follows:
Page 3, delete Section 4
THE MOTION PREVAILED.
Representative Hayden gave a brief description of his bill.
Testifying for the bill:
Melissa Reed, City of Minneapolis
Testifying against the bill:
Kevin Dunlevy, Co-Chair, Legislative Committee, Real Property Section, Minnesota State Bar Association
Representative Drazkowski moved to lay the bill on the table. THE MOTION PREVAILED.
H.F. 3279, the First Engrossment (Huntley): A bill for an act relating to health; amending provisions for electronic health record technology; providing for administrative penalties; appropriating money; amending Minnesota Statutes 2009 Supplement, section 62J.495, subdivisions 1a, 3; proposing coding for new law in Minnesota Statutes, chapter 62J.
Representative Kulick Jackson moved H.F. 3279 before the committee.
Representative Kulick Jackson moved adoption of the A10-2269 amendment.
Representative Kulick Jackson moved to orally amend the A10-2269 amendment as follows:
Page 1, line 1, after "3279" insert "the First Engrossment"
THE MOTION PREVAILED AND THE ORAL AMENDMENT WAS INCORPORATED.
Representative Kulick Jackson amended her previous motion and moved to adopt the
A10-2269 amendment, as amended. THE MOTION PREVAILED.
Representative Kulick Jackson moved that H.F. 3279, the First Engrossment, as amended, be recommended to pass, and when so passed, be re-referred to the Committee on State and Local Government Operations Reform, Technology, and Elections.
Representative Huntley briefly described his bill.
Testifying for the bill:
Dr. Jim Golden, Department of Health, Health Policy Director
Representative Holberg moved adoption of the
H3279A2 amendment.
Testifying for the amendment:
Twila Brase, Minnesota Citizens for Health Care
Representative Holberg renewed her motion. THE MOTION DID NOT PREVAIL.
Testifying against the bill:
Twila Brase, Minnesota Citizens for Health Care
John Fraser, MednetWorld.com, Minneapolis
Representative Kulick Jackson renewed her motion. THE MOTION PREVAILED.
Representative Kulick Jackson assumed the chair at 6:58 p.m.
H.F. 3469 (Mullery): A bill for an act relating to civil actions; providing time limit for appealing decisions of a governing body or board of adjustment to district court; permitting the posting of a bond for an appeal to Court of Appeals in certain cases; amending Minnesota Statutes 2008, section 462.361, subdivision 1, by adding a subdivision.
Representative Mullery moved to orally amend H.F. 3469 as follows:
Page 1, delete lines 20 to 23 and insert:
"Subd. 3. Bond upon appeal. A party may not be ordered to post a surety bond or damages bond as a condition of an appeal under this section."
Page 2, delete lines 1 to 9
THE MOTION PREVAILED AND THE ORAL AMENDMENT WAS INCORPORATED.
Representative Mullery gave a brief description of his bill and moved that H.F. 3469, as amended, be recommended to pass, and when so passed, be placed on the General Register. THE MOTION PREVAILED.
H.F. 2600 (Mullery): A bill for an act relating to financial institutions; providing for the licensing and regulation of an individual engaged in the business of a mortgage loan origination or the mortgage loan business; proposing coding for new law as Minnesota Statutes, chapter 58A.
Representative Mullery moved to adopt the
H2600A1 amendment. THE MOTION PREVAILED.
Representative Mullery moved that H.F. 2600, as amended, be recommended to pass, and when so passed, be re-referred to the Committee on State and Local Government Operations Reform, Technology, and Elections.
Representative gave a brief description of his bill.
Testifying for the bill:
Robin Brown, Department of Commerce
Representative Mullery renewed his motion. THE MOTION PREVAILED.
H.F. 2668 (Mullery): A bill for an act relating to landlord and tenant; modifying certain procedures related to expungement in eviction cases; adding certain residential covenants; specifying procedures for handling applicant screening fees; providing certain rights to tenants of foreclosed properties; amending Minnesota Statutes 2008, sections 484.014, subdivision 3, by adding a subdivision; 504B.161, subdivision 1; 504B.173; 504B.178, subdivision 7; 504B.285, by adding a subdivision; Minnesota Statutes 2009 Supplement, section 504B.285, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 504B.
Representative Mullery moved to adopt the
H2668DE1 amendment.
Representative Mullery moved to orally amend the H2668DE1 amendment as follows:
Page 1, delete lines 21 to 26
Page 2, delete lines 1 to 3
Page 2, line 4, delete "(e)" and insert "(c)"
Page 2, line 6, after "or" delete "that" and insert "how"
Page 3, line 34, delete "perspective" and insert "prospective"
THE MOTION PREVAILED AND THE ORAL AMENDMENTS WERE INCORPORATED.
Representative amended his motion and moved to adopt the H2668DE1 amendment as amended. THE MOTION PREVAILED.
Testifying for the bill:
Ron Elwood, Legal Services Advocacy Project
Todd Liljenquist, Minnesota Multi Housing Association
Representative Mullery moved that H.F. 2668, as amended, be recommended to pass, and when so passed, be placed on the General Register. THE MOTION PREVAILED.
Representative Mullery announced that H.F.s 2707 and 2619 will be heard on Wednesday.
H.F. 3098, the First Engrossment (Loeffler): A bill for an act relating to health; modifying provisions for the statewide trauma system; amending Minnesota Statutes 2008, sections 144.603; 144.605, subdivisions 2, 3, by adding a subdivision; 144.608, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 144; repealing Minnesota Statutes 2008, section 144.607.
Representative Mullery moved H.F. 3098 before the committee.
Representative Mullery moved that H.F. 3098 be recommended to pass, and when so passed, be placed on the General Register.
Representative Loeffler briefly described her bill.
Testifying for the bill:
Dr. Jim Golden, Minnesota Department of Health
Tim Held, Minnesota Department of Health
Testifying against the bill:
Twila Brase, Minnesota Citizens for Health Care
Representative Kelly moved adoption of the
H3098A1 amendment. THE MOTION DID NOT PREVAIL.
Representative Mullery renewed his motion. THE MOTION PREVAILED.
Because the committee had the wrong engrossment of H.F. 1746 when it voted to send the bill to the General Register on March 1, 2010, Representative Mullery moved to reconsider the vote on HF 1746 and moved that H.F. 1746, the First Engrossment, be recommended to pass, and when so passed, be placed on the General Register. THE MOTION PREVAILED.
The meeting adjourned at 7:34 P.M.
_________________________________________
Joe Mullery, Chair
_________________________________________
Vickie Benson, Committee Legislative Assistant