STATE OF MINNESOTA TWENTY-THIRD MEETING
HOUSE OF REPRESENTATIVES EIGHTY-SIXTH SESSION
CIVIL JUSTICE POLICY COMMITTEE MINUTES
Representative Mullery, Chair, called the meeting to order at 4:43 P.M. on Monday, April 6, 2009, in Room 300S of the State Office Building.
The Legislative Assistant noted the roll.
Members Present:
Mullery, Chair
Drazkowski, GOP Lead
Champion
Hilstrom
Holberg
Hortman
Johnson
Kelly
Kulick Jackson
Mahoney
Olin
Paymar
Scott
Westrom
A quorum was present.
H.F. 354 (Hilstrom): A bill for an act relating to real property; mortgages; requiring notice and mandatory mediation prior to commencement of mortgage foreclosure proceedings on homestead property; creating a homestead-lender mediation account; amending Minnesota Statutes 2008, sections 357.18, subdivision 1; 508.82, subdivision 1; 508A.82, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 582; 583.
Representative Mullery moved adoption of the A09-0373 amendment.
Representative Hilstrom presented her bill.
Testifying for the bill:
ÿ Kermit Fruechte, Attorney General’s Office
Testifying against the bill:
ÿ Joe Witt, President/CEO, Minnesota Bankers Association
ÿ Jean Lee, President/Executive Director, Children’s Hope International
ÿ Mark Cummins, President/CEO, Minnesota Credit Union Network
ÿ Kristin Beckmann, Government Relations Director, Twin Cities Habitat for Humanity
ÿ David Skilbred, Vice President, Government Relations, Independent Community Bankers of Minnesota
Tonja Orr, Assistant Commissioner, Minnesota Housing Finance Agency, answered questions from the committee.
Representative Mullery renewed his motion. THE MOTION PREVAILED.
Representative Hilstrom moved that H.F. 354, as amended, be recommended to pass and when so passed be re-referred to the Committee on Finance. THE MOTION PREVAILED.
H.F. 1795, the First Engrossment (Ruud): A bill for an act relating to health; establishing licensure for birthing centers; limiting liability for hospitals and physicians in certain situations; establishing fees; designating licensed birthing centers as essential community providers; amending Minnesota Statutes 2008, sections 62Q.19, subdivision 1; 256B.0625, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 144.
Representative Mullery moved H.F. 1795, the First Engrossment, before the committee.
Representative Hortman moved to orally amend H.F. 1795, the First Engrossment, as follows:
Page 4, delete Section 5
THE MOTION PREVAILED.
Representative Ruud presented her bill.
Representative Mullery moved that H.F. 1795, the First Engrossment, as amended, be recommended to pass and when so passed be re-referred to the Committee on Finance. THE MOTION PREVAILED.
Representative Kulick Jackson assumed the chair at 5:35 P.M.
H.F. 127, the First Engrossment (Holberg): A bill for an act relating to commerce; clarifying the definition of "motor vehicle" in the statutory provision deeming the driver to be the agent of the owner in case of accident; amending Minnesota Statutes 2008, section 169.09, subdivision 5a.
Representative Holberg presented her bill.
Testifying for the bill:
ÿ Joel Carlson, Minnesota Association for Justice
Testifying against the bill:
ÿ Amber Backus, Director, Government Relations, Minnesota Truckers Association
Representative Holberg moved that H.F. 127, the First Engrossment, be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.
The meeting was recessed at 5:55 P.M. to move to Room 200 of the State Office Building.
Chair Mullery reconvened the meeting at 6:05 P.M. in Room 200 of the State Office Building.
Representative Kulick Jackson moved approval of the Minutes for March 27, 2009, and March 30, 2009. THE MOTION PREVAILED.
H.F. 854, the First Engrossment (Lesch): A bill for an act relating to consumer protection; limiting customer liability for unauthorized use of lost or stolen cellular phones; proposing coding for new law in Minnesota Statutes, chapter 325F.
Representative Mullery moved H.F. 854, the First Engrossment, before the committee.
Representative Lesch presented his bill.
Representative Mullery moved that H.F. 854, the First Engrossment, be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.
H.F. 348 (Lesch): A bill for an act relating to attorneys; repealing the law prohibiting sheriffs, deputy sheriffs, and coroners from practicing law; repealing Minnesota Statutes 2008, section 387.13.
Representative Mullery moved H.F. 348 before the committee.
Representive Mullery moved adoption of the A09-0379 amendment. THE MOTION PREVAILED.
Representative Lesch presented his bill.
Representative Mullery temporarily laid H.F. 348 on the table until it is determined where the bill needs to go.
H.F. 1268 (Paymar): A bill for an act relating to state government; authorizing use of state space for employee fitness and wellness activities; authorizing rulemaking; amending Minnesota Statutes 2008, section 16B.24, by adding a subdivision.
Representative Paymar presented his bill.
Testifying for the bill:
ÿ Jim Rhodes, Legislative Director, Minnesota Department of Administration
Representative Paymar moved that H.F. 1268 be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.
H.F. 348 was taken from the table.
Representative Mullery moved that H.F. 348, as amended, be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.
H.F. 1482, the First Engrossment (Thissen): A bill for an act relating to human services; modifying estates subject to medical assistance claims; amending Minnesota Statutes 2008, section 256B.15, subdivisions 1a, 5.
Representative Mullery moved H.F. 1482, the First Engrossment, before the committee.
Representative Mullery moved adoption of the H1482A1 amendment.
Representative Mullery moved to orally amend the H1482A1amendment as follows:
Page 1, delete lines 3 through 5
THE MOTION PREVAILED AND THE ORAL AMENDMENT TO THE H1482A1 AMENDMENT WAS INCORPORATED.
Representative Mullery renewed his motion to adopt the H1482A1 amendment, as amended. THE MOTION PREVAILED.
Representative Thissen presented his bill.
Representative Mullery moved that H.F. 1482, the First Engrossment, as amended, be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.
H.F. 521 (Thissen): A bill for an act relating to health; modifying provisions for volunteer health practitioners; amending Minnesota Statutes 2008, section 145A.06, subdivision 8.
Representative Hortman moved H.F. 521 before the committee.
Representative Thissen presented his bill.
Representative Hortman moved that H.F. 521 be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.
H.F. 804 (Thissen): A bill for an act relating to probate; modifying provisions governing guardians and conservators; amending Minnesota Statutes 2008, sections 524.5-102, subdivision 7, by adding a subdivision; 524.5-304; 524.5-309; 524.5-310; 524.5-316; 524.5-317; 524.5-406; 524.5-409; 524.5-413; 524.5-414; 524.5-420; proposing coding for new law in Minnesota Statutes, chapter 524.
Representative Hortman moved H.F. 804 before the committee.
Representative Mullery moved to orally amend the H0804DE3 amendment as follows:
Pages 5 and 6, delete section 6
Page 16, line 1, after "bond" insert a period and delete the rest of the language on that line
Page 16, delete lines 2 through 5
Page 16, line 9, delete everything after the period
Page 16, line 10, delete "section is effective July 1, 2010."
THE MOTION PREVAILED AND THE ORAL AMENDMENTS TO THE H0804DE3 AMENDMENT WERE INCORPORATED.
Representative Mullery moved adoption of the H0804DE3 amendment, as amended. THE MOTION PREVAILED.
Representative Thissen presented his bill.
Testifying for the bill:
ÿ Stephen Grisham, Professional Guardian, Alternative Decision Makers, Inc.
ÿ Patricia Siebert, Minnesota Disability Law Center; Mid-Minnesota Legal Advocacy
Representative Hortman moved that H.F. 804, as amended, be recommended to pass and when so passed be re-referred to the Committee on Finance. THE MOTION PREVAILED.
Representative Kulick Jackson assumed the chair at 6:45 P.M.
H.F. 1083 (Mullery): A bill for an act relating to government data practices; clarifying and modifying laws governing access to data; amending Minnesota Statutes 2008, sections 13.05, subdivision 4, by adding a subdivision; 13D.05, subdivision 3; 125A.21, subdivision 5.
Representative Mullery moved adoption of the H1083DE1 amendment. THE MOTION PREVAILED.
Representative Mullery presented his bill.
Testifying for the bill:
ÿ Laurie Beyer-Krupuenske, Director, Information Policy Analysis Division, Minnesota Department of Administration
Representative Holberg offered H.F. 1684 for consideration by the committee for possible inclusion in the Omnibus Data Practices bill.
Testifying in favor:
ÿ Robert Sykora, Attorney, Board of Public Defense
ÿ Zachary Smith, Attorney; former human resources staff for a retailer
H.F. 1684 was laid on the table.
Representative Holberg moved adoption of the H1083A6 amendment.
Testifying for the amendment:
ÿ Reid LeBeau, Attorney, Thomas Renters
Rich Neumeister, private citizen, offered his comments and suggestions.
Representative Holberg renewed her motion. THE MOTION PREVAILED.
Representative Mullery moved adoption of the H1083A1 amendment.
Representative Scott moved to orally amend the H1083A1 amendment as follows:
Page 1, line 3 should read: Page 10, line 22, after "entity" insert "to prepare for or"
Page 1, line 4 should read: Page 10, line 23, after "disruption" insert "and"
THE MOTION PREVAILED AND THE ORAL AMENDMENTS TO THE H1083A1 AMENDMENT WERE INCORPORATED.
Representative Mullery moved adoption of the H1083A1 amendment, as amended. THE MOTION PREVAILED.
Representative Mullery moved adoption of the H1083A2 amendment.
Testifying for the amendment:
ÿ Richard Hodsdon, Assistant Washington County Attorney
Representative Mullery renewed his motion. THE MOTION PREVAILED.
Representative Holberg moved to orally amend the H1083DE1 amendment as follows:
Page 3, delete section 3
Testifying on the amendment:
ÿ Rich Neumeister, private citizen
ÿ Don Gemberling, retired State of Minnesota employee
Representative Holberg renewed her motion. THE MOTION PREVAILED AND THE ORAL AMENDMENT WAS INCORPORATED.
Representative Mullery moved adoption of the H1083A3 amendment. THE MOTION PREVAILED.
Representative Hortman moved adoption of the H1083A7 amendment.
Representative Hortman moved to orally amend the H1083A7 amendment as follows:
Page 1, delete section 1
Page 2, line 17, insert a period after "enactment"
Page 2, delete lines 18 and 19
THE MOTION PREVAILED AND THE ORAL AMENDMENTS TO THE H1083A7 AMENDMENT WERE INCORPORATED.
Testifying on the amendment:
ÿ Judd Shetnan, Director, Government Affairs, Metropolitan Council
Representative Hortman renewed her motion to adopt the H1083A7 amendment, as amended. THE MOTION PREVAILED.
Representative Scott moved adoption of the H1083A4 amendment.
Testifying on the amendment:
ÿ Laura Zrust, Minnesota Department of Human Services
ÿ Jerry Kerber, Director, Licensing Division, Minnesota Department of Human Services
Representative Scott renewed her motion. THE MOTION PREVAILED.
Representative Holberg moved adoption of the H1083A5 amendment.
Representative Holberg moved to orally amend the H1083A5 amendment as follows:
Page 1, line 3, after "Page" delete "5" and insert "12"
THE MOTION PREVAILED AND THE ORAL AMENDMENT TO THE H1083A5 AMENDMENT WAS INCORPORATED.
Representative Mahoney moved to orally amend the H1083A5 amendment as follows:
Page 1, line 10, delete everything after the period
Page 1, delete line 11
THE MOTION DID NOT PREVAIL.
Testifying on the amendment:
ÿ Bob Meier, Assistant Commissioner, Minnesota Department of Natural Resources
ÿ Mark Anfinson, Attorney, Minnesota Newspaper Association
ÿ Rich Neumeister, private citizen
Representative Holberg renewed her motion to adopt the 1083A5 amendment, as amended. THE MOTION PREVAILED.
Representative Holberg moved adoption of the H1083A8 amendment.
Testifying on the amendment:
ÿ Dan Storkamp, Minnesota Sex Offender Program
Representative Holberg renewed her motion. THE MOTION PREVAILED.
Representative Mullery moved adoption of the H1247DE1 amendment.
Representative Kulick Jackson moved to orally amend the H1247DE1 amendment as follows:
Page 1, delete line 2
THE MOTION PREVAILED AND THE ORAL AMENDMENT TO THE AMENDMENT WAS INCORPORATED.
Testifying for the amendment:
ÿ Stuart Mason, Chief Investment Officer, University of Minnesota
Representative Mahoney assumed the chair at 8:41 P.M.
Testifying against the amendment:
ÿ Rich Neumeister, private citizen
Representative Kulick Jackson resumed the chair at 8:45 P.M.
Representative Mullery renewed his motion to adopt the H1247DE1 amendment, as amended. THE MOTION PREVAILED.
Representative Paymar moved to orally amend the H1083DE1 amendment as follows (suggested handwritten changes from Neumeister):
Page 9, delete the new language
Page 2, line 9, after "remuneration" insert "paid by the employer or a person other than the employer"
THE MOTION PREVAILED.
Additional testimony on the H1083DE1 amendment:
ÿ Keith Carlson, Executive Director, Metropolitan Inter-County Association, testified against the new language contained on page 9, line 22, which states that employer-provided email addresses are public data.
Representative Mullery moved that H.F. 1083, as amended, be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.
The meeting adjourned at 9:15 P.M.
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Joe Mullery, Chair
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Vickie Benson, Committee Legislative Assistant