STATE OF MINNESOTA TWENTY-EIGHTH MEETING
HOUSE OF REPRESENTATIVES EIGHTY-SIXTH SESSION
CIVIL JUSTICE POLICY COMMITTEE MINUTES
Representative Mullery, Chair, called the meeting to order at 4:37 P.M. on Monday, February 15, 2010, in Room 10 of the State Office Building.
The Legislative Assistants noted the roll.
Members Present:
Mullery, Chair
Kulick Jackson, Vice Chair
Drazkowski, GOP Lead
Champion
Hilstrom
Holberg
Johnson
Kelly
Mahoney
Olin
Paymar
Scott
Westrom
A quorum was present.
Representative Kelly moved approval of the Minutes for October 14, 2009, November 4, 2009, and February 8, 2010. THE MOTION PREVAILED.
H.F. 2828 (Kulick-Jackson): A bill for an act relating to real property; clarifying requirements for an instrument intended to secure debt; amending Minnesota Statutes 2008, section 287.03.
Representative Kulick-Jackson presented her bill and moved that H.F. 2828 be recommended to pass and when so passed be placed on the General Register.
Testifying for the bill:
Kevin Dunlevy, Co-Chair, Legislative Committee, Real Property Section, Minnesota State Bar Association
Representative Kulick-Jackson renewed her motion. THE MOTION PREVAILED.
H.F. 2823 (Kulick-Jackson): A bill for an act relating to real property; making changes relating to common interest community certificates; amending Minnesota Statutes 2009 Supplement, sections 508.351, subdivisions 1, 5, 7; 508A.351, subdivisions 1a, 5, 7.
Representative Kulick-Jackson moved adoption of the H2823A1 amendment. THE MOTION PREVAILED.
Representative Kulick-Jackson presented her bill and moved that H.F. 2823, as amended, be recommended to pass, and when so passed, be placed on the General Register.
Testifying for the bill:
Kevin Dunlevy, Co-Chair, Legislative Committee, Real Property Section, Minnesota State Bar Association
Representative Kulick-Jackson renewed her motion. THE MOTION PREVAILED.
H.F. 2830 (Faust): A bill for an act relating to adoption; providing for adoption of an adult by a guardian; amending Minnesota Statutes 2008, section 259.241.
Representative Kulick-Jackson moved the bill before the committee and further moved that H.F. 2830 be recommended to pass, and when so passed, be placed on the General Register.
Representative Faust presented his bill.
Testifying for the bill:
Lois Munsterteiger, Mora, MN
Roberta Opheim, Ombudsman for Mental Health and Mental Retardation, responded to questions from the committee.
Chair Mullery laid the bill over.
Representative Kulick-Jackson assumed the chair at 5:14 p.m.
H.F. 2708 (Mullery): A bill for an act relating to real estate; making a conforming change to provide for the right of the borrower to obtain a postponement of a foreclosure sale that has a 12-month redemption period, as is now available for a six-month redemption period; amending Minnesota Statutes 2009 Supplement, section 580.07, subdivisions 2, 3.
Representative Mullery presented his bill and moved that H.F. 2708 be recommended to pass, and when so passed, be placed on the General Register. THE MOTION PREVAILED.
H.F. 2615 (Mullery): A bill for an act relating to real estate; streamlining the process of connecting an owner facing a residential mortgage foreclosure with an authorized foreclosure prevention agency and with a person authorized to negotiate on behalf of the foreclosing lender; amending Minnesota Statutes 2008, section 580.021, subdivision 3; repealing Minnesota Statutes 2008, sections 580.021, subdivision 4; 580.022, subdivision 2.
Representative Mullery presented his bill and moved that H.F. 2615 be recommended to pass, and when so passed, be placed on the General Register.
Testifying for the bill:
Kristin Beckmann, Twin Cities Habitat for Humanity
Kevin Dunlevy, Co-Chair, Legislative Committee, Real Property Section, Minnesota State Bar Association
Representative Mullery moved adoption of the
H2615DE1 amendment.
Copies of the amendment were not available to committee members. Chair Kulick-Jackson temporarily laid the bill over until members received copies of the amendment.
Representative Mullery resumed the chair at 5:30 p.m.
H.F. 2176 (Obermueller): A bill for an act relating to real property; requiring disclosure of nuisance property to potential buyers; proposing coding for new law in Minnesota Statutes, chapter 513.
Representative Johnson moved the bill before the committee.
Representative Obermueller presented his bill.
Representative Johnson moved to amend H.F. 2176 as follows:
Page 1, line 1.7, after the second "property" insert "a"
Page 1, line 1.20, delete "2009" ‘and insert "2010"
THE MOTION PREVAILED AND THE ORAL AMENDMENTS WERE INCORPORATED.
Testifying for the bill:
Dan Vieths, Eagan
Testifying against the bill:
Christine Berger, Minnesota Association of Realtors
Representative Johnson moved that H.F. 2176, as amended, be recommended to pass, and when so passed, be re-referred to the Committee on Commerce.
After some discussion, Chair Mullery laid the bill over.
Representative Kulick-Jackson assumed the chair at 5:54 p.m.
Discussion of H.F. 2615 resumed.
Representative Mullery moved adoption of the
H2615DE1. THE MOTION PREVAILED.
Representative Mullery moved that H.F. 2615, as amended, be recommended to pass, and when so passed, be placed on the General Register. THE MOTION PREVAILED.
The meeting adjourned at 6 P.M.
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Mullery, Chair
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Vickie Benson, Committee Legislative Assistant