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Civil Justice

EIGHTEENTH MEETING

2009-2010 Regular Session - Monday, March 23, 2009

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

CIVIL JUSTICE POLICY COMMITTEE MINUTES



Representative Mullery, Chair, called the meeting to order at 4:34 P.M. on Monday, March 23, 2009, in Room 10 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.

HF1406, the First Engrossment (Dill): A bill for an act relating to gambling; providing for certain reimbursement relating to pari-mutuel wagering; modifying provisions relating to lawful gambling taxes; amending Minnesota Statutes 2008, sections 240.13, by adding a subdivision; 297E.01, subdivisions 7, 8; 297E.02, subdivisions 1, 2, 3, 7, 10; 297E.13, subdivision 5; 349.12, subdivision 25; 349.166, subdivision 2; 349.19, subdivision 2; repealing Minnesota Statutes 2008, sections 297E.02, subdivisions 4, 6, 11; 349.15, subdivision 3; 349.19, subdivision 2a.

Representative Olin moved HF1406, the First Engrossment, before the committee.

Representative Olin moved the A09-0217 amendment. THE MOTION PREVAILED.

Representative Dill presented his bill.

Testifying for the bill:
Cort Holten, MN HBDA

Representative Olin moved that HF1406, the First Engrossment, as amended, be recommended to pass and when so passed be re-referred to the Committee on Taxes. THE MOTION PREVAILED.

S.F. 265, the First Engrossment (Thissen): A bill for an act relating to public safety; requiring crime alerts to be distributed in a format that disabled citizens can access; amending Minnesota Statutes 2008, section 13.871, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 611A.

Representative Hortman moved S.F. 265, the First Engrossment, before the committee.

Representative Thissen presented his bill.

Representative Hortman moved that S.F. 265, the First Engrossment, be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.

Representative Johnson moved approval of the Minutes for March 18, 2009. After two technical corrections, THE MOTION PREVAILED.

HF1341, the First Engrossment (Thissen): A bill for an act relating to health; changing provisions in the newborn screening program; amending Minnesota Statutes 2008, sections 13.386, subdivision 3; 144.125, subdivision 3, by adding subdivisions.

Representative Hortman moved HF1341, the First Engrossment, before the committee.

Representative Thissen presented his bill.

Testifying for the bill:
Tracie Christopherson, March of Dimes, Minneapolis
Jennifer Arveson, March of Dimes, Trail, MN

Testifying against the bill:
Keri Bearder, Carver, MN; Citizens Council on Health Care
Twila Brase, Citizens Council on Health Care

Responding to questions:
John Linc Stine, Assistant Commissioner, Health Protection, Minnesota Department of Health
Mark McCann, Health Program Manager, Minnesota Department of Health

Representative Hortman moved that HF1341, the First Engrossment, be recommended to pass and when so passed be placed on the General Register.

Representative Drazkowski requested a Roll Call.

The clerk called the Roll and the results were as follows:

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


There being 8 Ayes and 5 Nays, THE MOTION PREVAILED.

Representative Mahoney assumed the chair at 5:34 P.M.

HF1448 (Mullery): A bill for an act relating to civil law; releasing information to health care agents; providing access to health care agents; amending Minnesota Statutes 2008, sections 13.384, subdivisions 2, 3; 144.225, subdivision 7; 144.419, subdivision 5; 169.09, subdivision 13; 246.70; 253B.10, subdivision 3; 253B.14; 253B.16, subdivision 2; 256B.48, subdivision 8.

Representative Mullery presented his bill.

Testifying for the bill:
Amy Johnson, OutFront Minnesota

Representative Mullery moved that HF1448 be recommended to pass and when so passed be re-referred to the Committee on Health Care and Human Services Policy and Oversight. THE MOTION PREVAILED.

Representative Mullery resumed the chair at 5:42 P.M.

HF362, the First Engrossment (Knuth): A bill for an act relating to real estate; eliminating a requirement that homeowner’s notice to building contractor of construction defect be in writing; amending Minnesota Statutes 2008, sections 327A.02, subdivision 4; 327A.03.

Representative Hortman moved HF362, the First Engrossment, before the committee.

Representative Knuth presented her bill.

Testifying against the bill:
Lisa Frenette, Builders Association of Minnesota

Representative Hortman moved that HF362, the First Engrossment, be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.

HF1554, the First Engrossment (Winkler): A bill for an act relating to health; modifying isolation and quarantine provisions and provisions for mass dispensing of medications; amending Minnesota Statutes 2008, sections 144.4195, subdivisions 1, 2, 3, 5; 144.4197; 145A.06, subdivision 7; 151.37, subdivisions 2, 10; proposing coding for new law in Minnesota Statutes, chapter 144.

Representative Hortman moved HF1554, the First Engrossment, before the committee.

Representative Winkler presented his bill.

Testifying for the bill:
Aggie Leitheiser, Director, Emergency Preparedness, Minnesota Department of Health

Representative Hortman moved that HF1554, the First Engrossment, be recommended to pass and when so passed be re-referred to the Committee on Public Safety Policy and Oversight. THE MOTION PREVAILED.

Representative Kulick Jackson assumed the chair at 6:05 P.M.

HF1237, the Second Engrossment (Eken): A bill for an act relating to natural resources; modifying wild rice season; modifying certain definitions; modifying state park permit requirements; modifying authority to establish secondary units; eliminating liquor service at John A. Latsch State Park; providing for establishment of boater waysides; modifying watercraft operation requirements; providing for appeals and enforcement of certain civil penalties; providing for taking wild animals to protect public safety; modifying Board of Water and Soil Resources membership; modifying local water program; modifying Reinvest in Minnesota Resources Law; modifying certain easement authority; providing for notice of changes to public waters inventory; modifying critical habitat plate eligibility; modifying cost-share program; amending Minnesota Statutes 2008, sections 84.105; 84.66, subdivision 2; 84.92, subdivision 8; 85.053, subdivision 3; 85.054, by adding subdivisions; 86A.05, by adding a subdivision; 86A.08, subdivision 1; 86A.09, subdivision 1; 86B.311, by adding a subdivision; 97A.321; 103B.101, subdivisions 1, 2; 103B.3369, subdivision 5; 103F.505; 103F.511, subdivisions 5, 8a, by adding a subdivision; 103F.515, subdivisions 1, 2, 4, 5, 6; 103F.521, subdivision 1; 103F.525; 103F.526; 103F.531; 103F.535, subdivision 5; 103G.201; 168.1296, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 97B; repealing Minnesota Statutes 2008, sections 85.0505, subdivision 2; 103F.511, subdivision 4; 103F.521, subdivision 2; Minnesota Rules, parts 8400.3000; 8400.3030, subparts 1, 2, 3a, 4, 5, 6, 6a, 9, 10, 10a, 10b, 11, 11a, 14, 15, 17, 17a, 17b, 19, 20, 20a, 20b, 23, 24, 25, 26, 27, 28, 29, 30, 31, 31a, 32, 33, 33a, 33b, 36, 36a, 39a, 39b, 39c, 40, 42, 42a, 43, 43a, 44, 45, 46, 47a, 48; 8400.3060; 8400.3110; 8400.3130; 8400.3160; 8400.3200; 8400.3210; 8400.3230; 8400.3260; 8400.3300; 8400.3330; 8400.3360; 8400.3390; 8400.3400; 8400.3460; 8400.3500; 8400.3530, subparts 1, 2, 2a; 8400.3560; 8400.3600; 8400.3610; 8400.3630; 8400.3700; 8400.3730; 8400.3800; 8400.3830; 8400.3870; 8400.3930, subparts 1, 2, 3.

Representative Hilstrom moved HF1237, the Second Engrossment, before the committee.

Representative Eken presented his bill.

Representative Hilstrom moved that HF1237, the Second Engrossment, be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.

The meeting recessed at 6:08 P.M. to relocate to Room 300N.

The meeting reconvened at 6:34 P.M. in Room 300N.

HF330 (Scalze): A bill for an act relating to real estate; providing homeowners with a longer period within which to notify contractors of construction defects; amending Minnesota Statutes 2008, section 327A.03.

Representative Hilstrom moved HF330 before the committee.

Representative Scalze presented her bill.

Representative Hilstrom moved that HF330 be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.

HF420, the First Engrossment (Laine): A bill for an act relating to real estate; requiring that existing statutory implied residential construction warranties be made as express warranties and be provided to the buyer in writing; prohibiting waivers of the warranty; amending Minnesota Statutes 2008, sections 327A.04; 327A.06; 327A.07; 327A.08.

Representative Mahoney moved HF420, the First Engrossment, before the committee.

Representative Scalze presented the bill in Representative Laine’s absence.

Testifying against the bill:
Lisa Frenette, Builders Association of Minnesota

Representative Mahoney moved that HF420, the First Engrossment, be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.

Representative Kulick Jackson assumed the chair at 6:37 P.M.

HF1529 (Mullery): A bill for an act relating to civil proceedings; removing a dollar limitation on attorney or agent fees in certain cases; amending Minnesota Statutes 2008, section 15.471, subdivision 5.

Representative Mullery presented his bill.

Testifying for the bill:
Mike Hickey, National Federation of Independent Businesses
Joseph Matorowski, Attorney, Ross and Barnett; NFIB

Representative Mullery moved that HF1529 be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.

Representative Mullery resumed the chair at 6:52 P.M.

HF569 (Sailer): A bill for an act relating to solid waste; requiring a pilot program to be implemented by paint manufacturers to recycle paint; amending Minnesota Statutes 2008, section 13.7411, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 115A.

Representative Kulick Jackson moved HF569 before the committee.

Representative Sailer presented her bill.

Representative Kulick Jackson moved that HF569 be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.

HF253, the First Engrossment (Tillberry): A bill for an act relating to animals; providing standards of care for dog and cat breeders; authorizing rulemaking; providing criminal penalties; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 347.

Representative Mahoney moved HF253, the First Engrossment, before the committee.

Testifying against the bill:
Susan Black, Legislative Chair, Samoyed Club of America
Robinette Dunahugh-Ralston, private citizen; Farmington, MN
Elaine Hanson, private citizen; Minneapolis

Representative Mahoney moved that HF253, the First Engrossment, be recommended to pass and when so passed be re-referred to the Committee on Agriculture, Rural Economies, and Veterans Affairs Policy. THE MOTION PREVAILED.

HF1771 (Scott): A bill for an act relating to child support; changing certain provisions; redirecting payment of child support; amending Minnesota Statutes 2008, section 518A.46, subdivision 5, by adding a subdivision.

Representative Scott moved adoption of the A09-0215 amendment. THE MOTION PREVAILED.

Representative Scott presented her bill.

Testifying for the bill:
Ron Elwood, Legal Aid
Mark Ponsolle, Assistant Ramsey County Attorney; Minnesota County Attorneys Association

Representative Scott moved that HF1771, as amended, be recommended to pass and when so passed be re-referred to the Committee on Finance, with the further recommendation that the bill be re-referred to the Public Safety Finance Division. THE MOTION PREVAILED.

HF1532, the First Engrossment (Kalin): A bill for an act relating to the secretary of state; regulating various filings, forms, records, submissions, motions, and orders; regulating certain dissolutions; defining a term; amending Minnesota Statutes 2008, sections 5.15; 5.23, subdivisions 1, 4; 5.26, subdivision 1; 270C.63, subdivision 4; 272.488, subdivision 2; 302A.115, subdivision 1; 302A.151; 303.06; 303.11; 308A.121, subdivision 1; 308B.211, subdivision 1; 308B.215; 317A.115, subdivision 2; 321.0108; 321.0809; 321.0902; 321.0906; 321.0909; 322B.12, subdivision 1; 322B.91, subdivision 1; 322B.92; 336.9-519; 336.9-521; 336.9-525; 336A.03, subdivision 3; 336A.09, subdivision 1; 545.05, subdivisions 1, 2, 4, 7, 10, 11, 13; proposing coding for new law in Minnesota Statutes, chapter 5; repealing Minnesota Statutes 2008, sections 5.03; 308B.121, subdivision 3; Minnesota Rules, part 8280.0470.

Representative Johnson moved HF1532, the First Engrossment, before the committee.

Representative Kalin presented his bill.

Testifying for the bill:
Bert Black, Secretary of State’s Office

Representative Johnson moved that HF1532, the First Engrossment, be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.

HF528, the First Engrossment (Davnie): A bill for an act relating to reverse mortgages; eliminating the requirement that a reverse mortgage becomes due when committed principal has been fully paid; mandating counseling by an independent housing agency; regulating lender default; imposing liability on a subsequent purchaser of a reverse mortgage; providing for a right of recission; defining suitability; amending Minnesota Statutes 2008, section 47.58, subdivisions 1, 3, 8, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapters 58; 60K.

Representative Johnson moved HF528, the First Engrossment, before the committee.

Representative Johnson moved adoption of the A09-0226 amendment. THE MOTION PREVAILED.

Representative Davnie presented his bill.

Testifying for the bill:
Carla Heyl, Office of the Attorney General

Testifying against the bill:
Beth Paterson, Prestige Mortgage; Reverse Mortgages SIDAC
Matthew Lemke, Mortgage Bankers Association

Representative Johnson moved that HF528, the First Engrossment, as amended, be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.

The meeting adjourned at 7:50 P.M.



_________________________________________
Joe Mullery, Chair


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

HF1406 (Dill) Lawful gambling tax provisions modified;
HF1448 (Mullery) Information released to health care agents, and access granted to health care agents;
HF1341 (Thissen) Newborn screening program provisions modified;
HF254/SF265* (Thissen) Crime alerts required to be distributed in a format that disabled citizens can access;
HF1554 (Winkler) Isolation and quarantine provisions and mass dispensing of medication provisions modified;
HF330 (Scalze) Homeowners provided with a longer period within which to notify contractors of construction defects;
HF420 (Laine) Existing statutory implied residential construction warranties required to be made as express warranties and be provided to the buyer in writing, and warranty waivers prohibited;
HF362 (Knuth) Homeowner's written notice requirement to building contractor of construction defect eliminated;
HF1532 (Kalin) Secretary of State filings, forms, records, submissions, motions, and orders regulated;
HF569 (Sailer) Recycled pain