STATE OF MINNESOTA THIRTY-THIRD MEETING
HOUSE OF REPRESENTATIVES EIGHTY-SEVENTH SESSION
CIVIL LAW
MINUTES
Representative Westrom, Chair of the Civil Law Committee, called the meeting to order at 12:37 PM on Wednesday, March 14, 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
HILTY, Bill
HOLBERG, Mary Liz
HOPPE, Joe
HORTMAN, Melissa
LESCH, John
MAHONEY, Tim
MAZOROL, Pat
PEPPIN, Joyce
PETERSON, Sandra
RUNBECK, Linda
SCOTT, Peggy
SIMON, Steve
WARDLOW, Doug
A quorum was present.
HF 2009 was laid over, as amended, on Monday, March 12, 2012.
HF 2009 (Abeler) Human services legal provisions changed; human services licensing, licensing data, and the Office of Inspector General related provisions modified; Human Services Background Studies Act amended; municipal license provisions modified; program integrity monitoring provided for, and report required.
Representative Westrom moved for the approval of the
H2009A11 amendment. THE MOTION PREVAILED.
Testifying on HF 2009, as amended:
Representative Jim Abeler
Representative John Lesch
Mr. Jerry Kerber, Minnesota Department of Human Services
Representative Lesch moved to orally amend the H2009A11 amendment.
Withdrew oral amended.
Westrom moved to reconsider H2009A11. THE MOTION PREVAILED.
Representative Lesch moved to orally amend the H2009A11 amendment as follows:
Page 1, Delete Line 2. THE MOTION PREVAILED.
Representative Lesch moved to orally amend the H2009A11 amendment as follows:
Delete Page 1, line 3, and insert Page 13, line 12, insert "and" after "name," and delete "and Social Security number of" THE MOTION PREVAILED.
Representative Lesch moved to orally amend the H2009A11 amendment as follows:
Page 13, line 13, delete "all individuals who will be controlling individuals, including all officers, owners, and managerial officials as defined in section 245A.02, subdivision 5a,"
THE MOTION PREVAILED.
Representative Lesch moved to orally amend the H2009A11 amendment as follows:
Page 1, Line 15, after both the first and second "256J" insert "or 256D" THE MOTION PREVAILED.
Representative Lesch moved to orally amend the H2009A11 amendment as follows:
Page 1, Line 16, delete everything after shall and insert "instruct the county to proceed under section 256J.26 and 256D.024 for this individual" THE MOTION PREVAILED.
Representative Lesch moved to orally amend the H2009A11 amendment as follows:
Delete Article 2, Section 2, Page 13, line 23 to page 14, line 11. THE MOTION PREVAILED.
Representative Lesch moved the approval of the H2009A11, as amended, amendment. THE MOTION PREVAILED.
Representative Westrom laid over HF 2009, as amended.
HF 1967 (Abeler) Children and family services provisions modified, child safety and permanency reform provided including adoptions under guardianship of the commissioner, statutory provisions modified related to child support, child care provisions modified, fees modified, MFIP provisions modified, criminal penalties provided, and technical changes made.
Representative Gruenhagen moved that HF 1967 be recommended to pass and referred to the Health and Human Services Finance Committee.
Testifying on HF 1967:
Representative Hosch
Mr. Mark Fiddler,
Ms. Christeen Borsheim, DHS
Ms. Ann Ahlstrom, DHS
Representative Scott moved to orally amend HF1967 as follows:
Delete Article 1 Sec 18, Subdivision 3. THE MOTION PREVAILED.
Representative Westrom laid over HF 1967, as amended.
HF 2009 (Abeler) Human services legal provisions changed; human services licensing, licensing data, and the Office of Inspector General related provisions modified; Human Services Background Studies Act amended; municipal license provisions modified; program integrity monitoring provided for, and report required.
Testifying on HF 2009, as amended:
Representative Lesch
Mr. Jerry Kerber, Minnesota Department of Human Services
Representative Lesch the approval of the
H2009A12 amendment. THE MOTION PREVAILED.
Representative Westrom renewed the motion that HF 2009, as amended, be recommended to pass and referred to the Health and Humans Services Finance Committee. THE MOTION PREVAILED.
HF 2084, was laid over, as amended, on Monday, March 5, 2012.
HF 2084 (Stensrud) Inverse condemnation authorized by a mixed municipal solid waste services business when a governmental entity occupies the market.
Representative Westrom moved to approve the
H2084DE4 amendment. THE MOTION PREVAILED.
Testifying on HF 2084, as amended:
Representative Stensrud
Mr. David Benke, Minnesota Pollution Control Agency
Mr. Craig Johnson, League of Minnesota Cities
Representative Hortman moved to orally amend HF 2084 as follows:
Add new Section 2 to repeal MN115A.941
Representative Hortman requested a roll call.
Representative Hortman withdrew request for a roll call.
THE MOTION DID NOT PREVAIL.
Civil Law Committee recessed to the call of the chair at 2:31 p.m.
Representative Westrom reconvened the Civil Law Committee in the Basement hearing room at 7:00 p.m.
HF 1135 (Anderson, D.) Marriage dissolution education program participation required in marriage dissolution or legal separation proceedings involving minor children.
Representative Scott moved that HF 1135 be recommended to pass and referred to the Judiciary Policy and Finance Committee.
Representative Scott moved for the approval of
H1135DE2 amendment. THE MOTION PREVAILED.
Representative Westrom moved to reconsider H1135DE2. THE MOTION PREVAILED.
Representative Scott moved for the approval of
H1135A1 to the H1135DE2 amendment. THE MOTION PREVAILED.
Representative Scott moved H1135DE2 amendment, as amended. THE MOTION PREVAILED.
Testifying on HF1135, as amended:
Representative Diane Anderson
Mr. Joel Carlson, MN Coalition for Battered Women
Ms. Linda Wray, Law Office of Linda K. Wray
Representative Scott renewed the motion that HF 1135, as amended, be recommended to pass and referred to the Judiciary Policy and Finance Committee. THE MOTION PREVAILED.
SF1143 (Scott) Omnibus data practices provisions modification
Representative Scott moved that SF 1143 be recommended to pass and referred to the General Register.
Representative Scott moved to approve the
S1143DE2 amendment.
Testifying on S1143DE2 amendment:
Representative Peggy Scott
Mr. Rich Neumeister, St. Paul
Mr. Rick Heller, unofficial representative, Twice Exceptional Disability Coalition
Representative Scott moved to orally the S1143DE2 amendment as follows:
Page 34, line 4 and, delete the comma after "name" and insert "and"
Page 34, line 4 and delete "and" at the end of the line.
Page 34, line 5, and delete "Social Security number"
Page 34, line 13 and delete the comma after "name" and insert "and"
Page 34, line 13 delete "and Social Security number"
THE MOTION PREVAILED.
Representative Simon moved to orally amend the S1143DE2 amendment as follows:
Page 29, line 12, delete "relate to" and insert "are" and delete the "s" on "accounts" and insert "number". So line 29.12 reads "that become inactive under subdivision 7 that are a person's financial account number or transaction numbers are private or nonpublic data." THE MOTION PREVAILED.
Representative Simon moved to orally amend the S1143DE2 amendment by deleting section 68.
Representative Simon withdrew the oral amendment.
Representative Simon moved to orally amend the S1143DE2 to delete Section 63 and 68. THE MOTION PREVAILED.
Representative Scott moved that SF1143, as amended, be recommended to pass and referred to the General Register. THE MOTION PREVAILED.
Representative Westrom moved to reconsiders the passage of S1143, as amended. THE MOTION PREVAILED.
Representative Scott moved for the approval of S1143DE2, as amended. THE MOTION PREVAILED.
Representative Scott moved that SF1143, as amended, be recommended to pass and referred to the General Register. THE MOTION PREVAILED.
HF 2346 (Gruenhagen) Financial responsibility for hospital-acquired infections specified.
Representative Gruenhagen moved that HF 2346 be recommended to pass and referred to the Health and Human Services Finance Committee.
Representative Gruenhagen moved for the approval of
H2346DE1 amendment.
Representative Gruenhagen moved to orally amend H2346DE1 as follows:
Page 1, Line 7, delete "to the patient"
THE MOTION PREVAILED.
Representative Gruenhagen moved to approve the H2346DE1 amendment, as amended. THE MOTION PREVAILED.
Testifying on HF 2346, as amended:
Representative Glenn Gruenhagen
Mr. Dave Racer, Coalition for Healthcare Redesign
Ms. Mary Krinkie, MN Hospital Association
Mr. Joel Carlson, Minnesota Association for Justice
Representative Gruenhagen to pass HF 2346, as amended, be recommended to pass and referred to the Health and Human Services Finance Committee. THE MOTION PREVAILED.
HF 2084 (Stensrud) Inverse condemnation authorized by a mixed municipal solid waste services business when a governmental entity occupies the market.
Testifying on HF2084, as amended:
Representative Stensrud
Mr. Doug Carnival, McGrann Shea Carnival Straughn & Lamb
Representative Hortman moved to amend the original motion that HF 2084, as amended, be recommended to pass and referred to Environment, Energy and Natural Resource Committee.
Representative Hortman requested a roll call on the motion.
The result of the roll call is as follows:
AYE
Lesch, John
Hilstrom, Debra
Hilty, Bill
Hortman, Melissa
Mahoney, Tim
Peterson, Sandra
Simon, Steve
NAY
Westrom, Torrey
Drazkowski, Steve
Gruenhagen, Glenn
Holberg, Mary Liz
Hoppe, Joe
Mazorol, Pat
Peppin, Joyce
Scott, Peggy
Wardlow, Doug
By a vote of 7 YEAs and 9 NAYs, THE MOTION DOES NOT PREVAIL.
Representative Drazkowski renewed motion that HF 2084, as amended, be recommended to pass and referred to the General Register.
Representative Hortman requested a roll call.
The results of the roll call are as follows:
YEA
Westrom, Torrey
Drazkowski, Steve
Gruenhagen, Glenn
Holberg, Mary Liz
Hoppe, Joe
Mazorol, Pat
Peppin, Joyce
Scott, Peggy
Wardlow, Doug
NAY
Lesch, John
Hilstrom, Debra
Hilty, Bill
Hortman, Melissa
Mahoney, Tim
Peterson, Sandra
Simon, Steve
By a vote of 9 YEAs and 7 NAYs, THE MOTION PREVAILED.
HF2647 (Myra) Public data definition relating to agreements involving payment of public money clarified.
Representative Holberg moved that HF 2647 be recommended to pass and referred to the General Register.
Testifying on HF 2647:
Representative Mary Liz Holberg
Mr. Rich Neumeister
Representative Holberg moved to orally amend the HF 2647DE1 amendment as follows:
Page 2, line 1 after "of" and "from" insert a comma and delete ", terminating"
Page 2, line 4 after "money" insert ", or"
Representative Holberg moved to approve the H2647DE1 amendment, as amended. THE MOTION PREVAILED.
Representative Peterson moved to orally amend the H2647DE1 amendment as follows:
Page 2, line 3 instead of "or", insert "and" THE MOTION DOES NOT PREVAIL.
Representative Holberg renewed motion that HF 2647, as amended, be recommended to pass and referred to the General Register. THE MOTION PREVAILED.
Adjourned at 9:01 PM
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Rep. Torrey Westrom, Chair
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Sarah Novinskie
Committee Legislative Assistant