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Civil Justice

NINETEENTH MEETING

2009-2010 Regular Session - Tuesday, March 24, 2009

STATE OF MINNESOTA NINETEENTH MEETING
HOUSE OF REPRESENTATIVES EIGHTY-SIXTH SESSION

CIVIL JUSTICE POLICY COMMITTEE MINUTES



Representative Mullery, Chair, called the meeting to order at 6:05 P.M. on Tuesday, March 24, 2009, in Room 300N 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
Hortman
Johnson
Kelly
Mahoney
Olin
Paymar
Scott
Westrom


A quorum was present.

H.F. 818, the Second Engrossment (Hilstrom): A bill for an act relating to vulnerable adults; authorizing disclosure of financial records in connection with financial exploitation investigations; modifying procedures and duties for reporting and investigating maltreatment; specifying duties of financial institutions in cases alleging financial exploitation; modifying the crime of financial exploitation; imposing criminal and civil penalties; amending Minnesota Statutes 2008, sections 13A.02, subdivisions 1, 2; 13A.04, subdivision 1; 256B.0595, subdivision 4b; 299A.61, subdivision 1; 388.23, subdivision 1; 609.2335; 609.52, subdivision 3; 611A.033; 626.557, subdivisions 4, 5, 9, 9b, 9e, by adding subdivisions; 626.5572, subdivisions 5, 21; 628.26.

Representative Hilstrom presented her bill and moved that H.F. 818, the Second Engrossment, be recommended to pass and when so passed be re-referred to the Committee on Health Care and Human Services Policy and Oversight.

Testifying for the bill:
Jennifer Wright, Professor of Law, St. Thomas School of Law
Kevin Hansen, Client Advocate, ElderCare Rights Alliance (Vulnerable Adult Justice Project)

Representative Hilstrom renewed her motion. THE MOTION PREVAILED.

H.F. 388, the First Engrossment (Bigham): A bill for an act relating to mental illness; prohibiting participation in clinical drug trials; amending Minnesota Statutes 2008, section 253B.095, subdivision 1.

Representative Hilstrom moved H.F. 388, the First Engrossment, before the committee.

Representative Hilstrom moved adoption of the ALA-388SA3 amendment. THE MOTION PREVAILED.

Representative Bigham presented her bill.

Testifying for the bill:
Mary Weiss, private citizen
Roberta Opheim, Ombudsman for the Mentally Ill and the Developmentally Disabled

Carl Elliott, Professor of Philosophy and Pediatrics, University of Minnesota
Sue Abderholden, National Alliance for the Mentally Ill (NAMI)

Representative Hilstrom moved that H.F. 388, the First Engrossment, as amended, be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.

H.F. 1960 (Obermuller): A bill for an act relating to powers of attorney; creating an alternative statutory short form for military members who are in active service; amending Minnesota Statutes 2008, sections 523.02; 523.131; 523.16; 523.20; 523.21; 523.23, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 523.

Representative Mullery moved H.F. 1960 before the committee.

Representative Mullery moved to orally amend H.F. 1960 as follows:

Page 6, line 8, delete "N" and insert "G"

THE MOTION PREVAILED AND THE ORAL AMENDMENT WAS INCORPORATED.

Representative Obermuller presented his bill.

Representative Mullery moved that H.F. 1960, as amended, be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.

H.F. 632 (Kulick Jackson): A bill for an act relating to probate; enacting the Uniform Adult Guardianship and Protective Jurisdiction Act; proposing coding for new law in Minnesota Statutes, chapter 524.

Representative Kulick Jackson moved adoption of the H0632A1 amendment. THE MOTION PREVAILED.

Representative Kulick Jackson presented her bill and moved that H.F. 632, as amended, be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.

H.F. 1394 (Hayden): A bill for an act relating to real property; specifying notice requirements; modifying provisions governing the reduced redemption period for abandoned property; establishing a duty to protect vacant foreclosed property under certain circumstances; providing for the imposition of fines for failure to maintain property; altering the posting requirement for trespassing on construction sites; modifying provisions governing public nuisances; imposing civil and criminal penalties; amending Minnesota Statutes 2008, sections 463.251, subdivision 2; 580.04; 582.031; 582.032, subdivision 2, by adding a subdivision; 609.605, subdivision 1; 617.80, subdivision 7, by adding a subdivision; 617.81, subdivisions 2, 4.

Representative Mullery moved H.F. 1394 before the committee.

Representative Mullery moved adoption of the H1394A1 amendment. THE MOTION PREVAILED.

Representative Mullery moved adoption of the H1394A2 amendment. THE MOTION PREVAILED.

Representative Hayden presented his bill.

Testifying for the bill:
ÿ Officer Richard Jackson, Problem/Nuisance Property Specialist, Minneapolis Police Department, 4th Precinct

Representative Kulick Jackson assumed the chair at 6:40 P.M.

Melissa Reed, Government Relations, City of Minneapolis


Testifying against the bill:
Kevin Dunlevy, Co-Chair, Real Property Section, Minnesota State Bar Association

Representative Mullery moved that H.F. 1394, 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.

H.F. 1537 (Mullery): A bill for an act relating to eminent domain; modifying definition of public use; amending Minnesota Statutes 2008, section 117.025, subdivision 11.

Representative Mullery moved adoption of the H1537A1 amendment. THE MOTION PREVAILED.

Representative Mullery presented his bill and moved that H.F. 1537, as amended, be recommended to pass and when so passed be placed on the General Register.

Testifying for the bill:
Melissa Manderscheid, Attorney; Coordinator, Minnesota Foreclosure Partners Council
Robert Schreier, Director, Community Development, City of Brooklyn Park
Mark Ireland, Supervising Attorney, Foreclosure Relief Law Project
Karen Reis, Executive Director, Neighborhood Development Alliance
Cherie Shoquist, Foreclosure Project Coordinator, City of Minneapolis

Testifying against the bill:
Christine Berger, Vice President, Government Relations, Minnesota Association of Realtors
Jason Atkins, Staff Attorney, Institute for Justice

Representative Champion requested a Roll Call. The clerk called the roll and the results were as follows:

AYES NAYS ABSENT
Mullery Champion Olin
Hilstrom Drazkowski Scott
Hortman Holberg
Johnson Kelly
Kulick Jackson Westrom
Mahoney
Paymar


There being 7 AYES and 5 NAYS, THE MOTION PREVAILED.

Representative Mullery resumed the chair at 8:02 P.M.

H.F. 1627 (Kahn): A bill for an act relating to child protection; modifying cost of care requirements when a child is in a trial home visit; amending Minnesota Statutes 2008, section 260C.331, subdivision 1.

Representative Mullery moved H.F. 1627 before the committee.

Representative Kahn presented her bill.

Testifying for the bill:
Kelley Leaf, Guardian ad Litem Coordinator, Hennepin County District Court, Fourth Judicial District

Representative Mullery moved that H.F. 1627 be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.

H.F. 1713 (Abeler): A bill for an act relating to licensing examinations; prohibiting certain practices in preparation for a radiologic technology examination; establishing penalties; amending Minnesota Statutes 2008, section 144.121, by adding a subdivision.

Representative Mullery moved H.F. 1713 before the committee.

Representative Mullery moved adoption of the H1713DE1 amendment. THE MOTION PREVAILED.

Representative Abeler presented his bill.

Testifying for the bill:
Jerry Reed, Executive Director, American Registry of Radiologic Technologists
Sri Sankaran, Partner, Dorsey and Whitney; American Registry of Radiologic Technologists

Representative Mullery moved that H.F. 1713, as amended, be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.

H.F. 265 (Hortman): A bill for an act relating to disposition of items on death; clarifying certain references; providing for collection of certain property by affidavit; amending the Darlene Luther Revised Uniform Anatomical Gifts Act and other statutes to clarify and conform inconsistent provisions authorizing agents to make medical decisions, control final disposition of remains, and make anatomical gifts; correcting an erroneous reference and making other corrections and clarifications; amending Minnesota Statutes 2008, sections 149A.80, subdivision 2; 524.1-304; 524.3-413; 524.3-1201; 524.3-1203, subdivision 5; 525A.03; 525A.09; 525A.14; 525A.19.

Representative Hortman moved to orally amend H.F. 265 as follows:

Pages 5 through 9, delete Article 2.

THE MOTION PREVAILED AND THE ORAL AMENDMENT WAS INCORPORATED.

Representative Hortman presented her bill, and for the record indicated that the following individuals were present and against the deletion of Article 2 of H.F. 265:

Timothy Koch, Minnesota Department of Health
Carly Barber, Minnesota Department of Health

Representative Hortman moved that H.F. 265, as amended, be recommended to pass and when so passed be placed on the General Register. THE MOTION CARRIED.

H.F. 1697 (Davnie): A bill for an act relating to real property; clarifying tenant rights with respect to property subject to a mortgage foreclosure; amending Minnesota Statutes 2008, sections 504B.151, subdivision 1; 504B.178, subdivision 8.

Representative Mahoney moved H.F. 1697 before the committee.

Representative Mullery moved to orally amend H.F. 1697 as follows:

Page 2, line 3, delete "June" and insert "August"

Page 2, line 22, delete "June" and insert "August"

Page 2, line 23, after "deed" insert "in which the notice of cancellation is first served or published on or after August 1, 2009,"

Page 2, line 23, before "mortgage" delete "or" and insert "and"

Page 2, line 23, after "foreclosures" insert "under chapter 581 in which the lis pendens is recorded on or after August 1, 2009"

THE MOTION PREVAILED AND THE ORAL AMENDMENTS WERE INCORPORATED.



Representative Mahoney moved that H.F. 1697, as amended, be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.


The meeting adjourned at 8:30 P.M.



_________________________________________
Joe Mullery, Chair



_________________________________________
Vickie Benson, Committee Legislative Assistant
More Info On This Meeting..

HF818 (Hilstrom) Financial records disclosure in connection with financial exploitation investigations authorized, procedures for reporting and investigating maltreatment modified, duties of financial institutions in cases of financial exploitation specified, and penalties imposed;
HF388 (Bigham) Clinical drug trial participation prohibited;
HF1394 (Hayden) Real property; Notice requirements specified, reduced redemption period for abandoned property and public nuisances provisions modified, a duty to protect vacant foreclosed property established, failure to maintain property fines imposed, construction site trespassing posting requirements altered, civil and criminal penalties imposed;
HF1713 (Abeler) Radiological technology examination preparation practices prohibited, and penalties established;
HF1627 (Kahn) Cost of care requirements modified when a child is in a trial home visit;
HF1960 (Obermueller) Amending Power of Attorney Statute for Military Personnel
HF1537 (Mullery)