STATE OF MINNESOTA TWENTY-SIXTH MEETING
HOUSE OF REPRESENTATIVES EIGHTY-SEVENTH SESSION
CIVIL LAW
MINUTES
Representative Westrom, Chair of the Civil Law Committee, called the meeting to order at 10:20 a.m. on Thursday, January 26, 2012 in Room 10 of the State Office Building.
The Committee Legislative Assistant noted the roll.
Members present:
WESTROM, Torrey, Chair
DRAZKOWSKI, Steve, Vice Chair
GRUENHAGEN, Glenn
HILSTROM, Debra
HOLBERG, Mary Liz
HOPPE, Joe
HORTMAN, Melissa
LESCH, John
MAZOROL, Pat
PEPPIN, Joyce
PETERSON, Sandra
RUNBECK, Linda
SCOTT, Peggy
SIMON, Steve
WARDLOW, Doug
Members Excused:
MAHONEY, Tim
HILTY, Bill
A quorum was present.
Representative Drazkowski moved to approve the minutes from Wednesday, May 4, 2011. THE MOTION PREVAILED.
SF 429 (Mazorol) Attorney fee relation to damages awarded factor provided.
Representative Mazorol moved that SF 429 be recommended to pass and sent to the General Register.
Representative Mazorol moved to orally amend SF 429 as follows:
Page 1, line 22 delete "2011" and insert "2012".
THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.
Testifying on SF 429, as amended:
Representative Pat Mazorol
Mr. Mark Heaney, Heaney Law Firm LLC
Mr. Kai Richter, Nichols & Kaster, PLLP
Mr. Mike Hickey, National Federation of Independent Businesses
Representative Hortman moved to orally amend SF 429 as follows:
Page 1, line 12 before period insert ", except in cases of discrimination"
Representative Hortman requested a roll call on the oral amendment.
Representative Hortman withdrew the oral amendment.
Representative Hortman moved to orally amend SF429 as follows:
Page 1, line 7 after the second period insert "Except in cases of discrimination,"
Representative Hortman requested a roll call on the oral amendment.
The result of the roll call is as follows:
YEA
Lesch, John
Hilstrom, Debra
Hortman, Melissa
Peterson, Sandra
Simon, Steve
NAY
Westrom, Torrey
Drazkowski, Steve
Holberg, Mary Liz
Hoppe, Joe
Mazorol, Pat
Runbeck, Linda
Scott, Peggy
Wardlow, Doug
NOT PRESENT
Gruenhagen, Glenn
Hilty, Bill
Mahoney, Tim
Peppin, Joyce
BY A VOTE OF 5 YEAS AND 8 NAYS, THE AMENDMENT WAS NOT ADOPTED.
Representative Hortman moved to orally amend SF 429 as follows:
Page 1, line 7 after the second period insert "Except in cases of deceptive trade practices,"
Representative Hortman requested a roll call on the oral amendment.
The result of the roll call is as follows:
AYE
Lesch, John
Hilstrom, Debra
Hortman, Melissa
Peterson, Sandra
Simon, Steve
NAY
Westrom, Torrey
Drazkowski, Steve
Holberg, Mary Liz
Hoppe, Joe
Mazorol, Pat
Runbeck, Linda
Scott, Peggy
Wardlow, Doug
NOT PRESENT
Gruenhagen, Glenn
Hilty, Bill
Mahoney, Tim
Peppin, Joyce
BY A VOTE OF 5 YEAS AND 8 NAYS, THE AMENDMENT WAS NOT ADOPTED.
Representative Hortman moved to orally amend SF429 as follows:
Page 1, line 7 after the second period insert "Except in cases of consumer fraud, "
Representative Hortman requested a roll call on the oral amendment.
The result of the roll call is as follows:
AYE
Lesch, John
Hilstrom, Debra
Hortman, Melissa
Peterson, Sandra
Simon, Steve
NAY
Westrom, Torrey
Drazkowski, Steve
Holberg, Mary Liz
Hoppe, Joe
Mazorol, Pat
Runbeck, Linda
Scott, Peggy
Wardlow, Doug
NOT PRESENT
Gruenhagen, Glenn
Hilty, Bill
Mahoney, Tim
Peppin, Joyce
BY A VOTE OF 5 YEAS AND 8 NAYS, THE AMENDMENT WAS NOT ADOPTED.
Representative Mazorol THE renewed motion that SF429, as amended, be recommended and sent to the General Register. THE MOTION PREVAILED.
HF 1515 (Holberg) Late fee provisions modified, and provisions clarified relating to eviction from property subject to foreclosure.
Representative Holberg moved that HF 1515 be recommended to pass and sent to the General Register.
Representative Holberg moved to adopt the
H1515 A1 amendment. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.
Testifying on HF1515, as amended:
Representative Holberg
Representative Holberg renewed motion that HF1515, as amended, be passed and sent to the General Register. THE MOTION PREVAILED.
HF 56 (Dill) Veteran waiver of immunity provided to sue the state of Minnesota as an employer in federal or other courts for violation of the Uniformed Services Employment and Reemployment Rights Act.
Chair Westrom moved that HF 56 be recommended to pass and sent to General Register.
Chair Westrom moved to orally amend HF 56 as follows:
Page 1, line 16 delete "2011" and insert "2012".
THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.
Testifying on HF 56, as amended:
Representative Dill
Chair Westrom renewed the motion that HF56, as amended, be recommended to pass and sent to General Register. THE MOTION PREVAILED.
The meeting was adjourned at 11:33 a.m.
____________________________________
REP. TORREY WESTROM, CHAIR
____________________________________
Sarah Novinskie
Committee Legislative Assistant