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Civil Justice

THIRTY-FIFTH MEETING

2009-2010 Regular Session - March 08, 2010

STATE OF MINNESOTA THIRTY-FIFTH MEETING
HOUSE OF REPRESENTATIVES EIGHTY-SIXTH SESSION

CIVIL JUSTICE POLICY COMMITTEE MINUTES



Representative Mahoney called the meeting to order at 4:51 P.M. on Monday, March 8, 2010, 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
Johnson
Kelly
Mahoney
Olin
Paymar
Scott

Members Excused:
Westrom


A quorum was present.

H.F. 2610 (Mullery): A bill for an act relating to forfeiture; requiring officers to give forfeiture receipts upon seizure property; implementing timelines for forfeiture notice and hearings; a cap on the value of property that may be forfeited administratively; petitions for remission and mitigation of seized property; requiring by prosecutor before property may be forfeited administratively; forfeiture proceeds to be deposited in special trust accounts; directing of Public Safety to establish ethical guidelines related to forfeiture; requiring law enforcement to secure seized property; prohibiting of forfeited property to law enforcement officers, employees, and family; amending Minnesota Statutes 2008, sections 609.531, subdivisions, 5, by adding subdivisions; 609.5311, subdivision 3; 609.5313; 609.5314, 2, 3; 609.5315, subdivisions 1, 2, 5.

Representative Mullery moved adoption of the H2610A1 amendment. THE MOTION PREVAILED.

Representative Mullery moved that H.F. 2610, 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.

Representative Mullery assumed the chair at 4:54 p.m.

H.F. 3187 (Bigham): A bill for an act relating to civil commitments; providing for oaths or affirmations without notarization and the acceptability of electronic signatures and documents; amending Minnesota Statutes 2008, section 253B.23, by adding a subdivision.

Representative Hilstrom moved H.F. 3187 before the committee.

Representative Bigham presented her bill.

Representative Hilstrom moved that H.F. 3187 be recommended to pass, and when so passed, be placed on the General Register. THE MOTION PREVAILED.

Representative Kulick-Jackson moved adoption of the Minutes for March 1, 2010, and March 3, 2010. THE MOTION PREVAILED.

H.F. 1217, the Third Engrossment (Gardner): A bill for an act relating to solid waste; expanding categories of persons allowed to possess legend and nonprescription drugs to include those disposing of them; modifying definitions; prohibiting flushing drugs into sewer system by health care facilities; amending Minnesota Statutes 2008, sections 151.37, subdivisions 6, 7; 151.44; proposing coding for new law in Minnesota Statutes, chapter 144.

Representative Mullery moved H.F. 1217 before the committee.

Representative Mullery moved to orally amend H.F. 1217, the Third Engrossment, as follows:

Page 1, delete Section 1.

THE MOTION PREVAILED.

Representative Gardner gave a brief description of his bill.

Representative Mullery moved that H.F. 1217, the Third Engrossment, as amended, be passed without recommendation and be placed on the General Register. THE MOTION PREVAILED.

H.F. 3239, the First Engrossment (Abeler): A bill for an act relating to human services; making changes to licensing provisions; modifying background study requirements, disqualifications, and data classification; amending Minnesota Statutes 2008, sections 245A.07, subdivision 2a; 245A.30; 245B.05, subdivision 7; 245C.02, subdivision 18; Minnesota Statutes 2009 Supplement, sections 245A.03, subdivision 2; 245A.04, subdivisions 5, 7; 245A.07, subdivisions 1, 3; 245A.144; 245A.50, subdivision 5; 245C.15, subdivision 2; 245C.20; 245C.22, subdivision 7; repealing Minnesota Rules, part 2500.5000.

Representative Mahoney moved H.F. 3239 before the committee.

Representative Abeler gave a brief description of his bill.

Testifying for the bill:
Laura Zrust, Department of Human Services

Representative Mahoney moved that H.F. 3239, the First Engrossment, be recommended to pass, and when so passed, be re-referred to the Committee on Early Childhood Policy and Finance. THE MOTION PREVAILED.

H.F. 2613 (Hilstrom): A bill for an act relating to real property; providing for mediation prior to commencement of mortgage foreclosure proceedings on homestead property; creating a homestead-lender mediation account; amending Minnesota Statutes 2008, sections 580.021, as amended; 580.022, subdivision 1; 580.23, by adding a subdivision; 582.30, subdivision 2; Minnesota Statutes 2009 Supplement, sections 357.18, subdivision 1; 508.82, subdivision 1; 508A.82, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 583.

Representative Hilstrom moved that H.F. 2613 be recommended to pass, and when so passed, be re-referred to the Committee on Finance.

Representative Hilstrom presented her bill.

Testifying against the bill:
Steve Johnson, Minnesota Bankers Association
Kevin Dunlevy, Co-Chair, Legislative Committee, Real Property Section, Minnesota State Bar Association

Testifying for the bill:
Kermit Fruechte, Attorney General’s Office

Representative Hilstrom renewed her motion. THE MOTION PREVAILED.

H.F. 3048, the First Engrossment (Norton): A bill for an act relating to labor and industry; modifying construction codes and licensing provisions; modifying certain notice provisions; amending Minnesota Statutes 2008, sections 178.01; 178.03, subdivisions 3, 4; 178.06; 178.08; 178.11; 326.02, subdivision 5; 326B.04, subdivision 2; 326B.127, subdivision 3; 326B.13, subdivisions 3, 4, 5, 6; 326B.133, subdivision 5; 326B.139; 326B.142; 326B.148, subdivisions 2, 3; 326B.191; 326B.31, subdivision 28; 326B.33, subdivision 17; 326B.42, subdivisions 2, 6; 326B.435, subdivision 2; 326B.47; 326B.84;
326B.89, subdivisions 1, 5, 6, 7, 8, 10, 13, by adding subdivisions; 326B.921, subdivision 3; Minnesota Statutes 2009 Supplement, sections 14.14, subdivision 1a; 326B.145; repealing Minnesota Statutes 2008, sections 299G.11; 299G.13, subdivisions 1, 6, 9, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28; 299G.14; 299G.15; 299G.16; 299G.17; 299G.18; 326B.115; 326B.37, subdivision 13; Minnesota Rules, parts 5200.0020; 5200.0050; 5200.0080, subparts 2, 3, 4, 4a, 4b, 6, 7, 8.

Representative Mahoney moved H.F. 3048 before the committee.

Representative Norton gave a brief description of her bill.

Representative Mahoney moved that H.F. 3048, the First Engrossment, be recommended to pass, and when so passed, be re-referred to the Committee on Finance. THE MOTION PREVAILED.

H.F. 2902 (Atkins): A bill for an act relating to commerce; regulating motor vehicle sales and distribution; amending Minnesota Statutes 2008, sections 80E.01; 80E.03, by adding a subdivision; 80E.13; 80E.14, subdivision 1, by adding a subdivision; Minnesota Statutes 2009 Supplement, sections 80E.09, subdivisions 1, 3; 80E.12; 80E.135; 80E.14, subdivision 3.

Representative Hilstrom moved H.F. 2902 before the committee.

Representative Hilstrom moved the A10-2250 amendment. THE MOTION PREVAILED.

Representative Atkins gave a brief description of his bill.

Testifying for the bill:
Alyssa Schlander, Minnesota Auto Dealers Association
George McGuire, GM dealer

Testifying against the bill:
Sandy Neren, Alliance of Automobile Manufacturers

Representative Hilstrom moved that H.F. 2902, as amended, be recommended to pass, and when so passed, be placed on the General Register. THE MOTION PREVAILED.

H.F. 3088 (Hayden): A bill for an act relating to human services; making changes to children and family services technical and policy provisions; Minnesota family investment program and adult supports; early childhood development; child welfare; amending Minnesota Statutes 2008, sections 119B.189, by adding subdivisions; 119B.19, subdivision 7; 119B.21, as amended; 245A.04, subdivision 11; 256.01, by adding a subdivision; 256.046, subdivision 1; 256.82, subdivision 3; 256.98, subdivision
8; 256J.24, subdivisions 3, 5a, 10; 256J.37, subdivision 3a; 256J.425, subdivision 5; 260C.007, subdivision 4; 260C.193, subdivision 6; 260C.201, subdivision 10; 260C.451; 626.556, subdivision 10; Minnesota Statutes 2009 Supplement, sections 256D.44, subdivision 3; 256J.24, subdivision 5; 56J.425, subdivision 2; 256J.521, subdivision 2; 256J.561, subdivision 3; 256J.66, subdivision 1; 256J.95, subdivisions 3, 11; 260.012; 260C.212, subdivision 7; repealing Minnesota Statutes 2008, section 256.82, subdivision 5; Minnesota Rules, part 9560.0660.

Representative Champion moved H.F. 3088 before the committee.

Representative Hayden gave a brief description of his bill.

Testifying for the bill:
Erin Sullivan Sutton, Department of Human Services

Representative Champion moved that H.F. 3088 be recommended to pass, and when so passed, be re-referred to the Committee on Early Childhood Policy and Finance. THE MOTION PREVAILED.
H.F. 3039, the First Engrossment (Hayden): A bill for an act relating to children; modifying driver’s license requirements for foster children; requiring in-court reviews; expanding the definition of parent for child protection proceedings; amending Minnesota Statutes 2008, sections 171.04, subdivision
1; 171.05, subdivision 2; 171.055, subdivision 1; 245C.33, subdivision 4, by adding a subdivision; 260C.007, subdivision 4; 260C.163, subdivisions 1, 2; 260C.193, subdivision 6; 260C.201, subdivision 10; 260C.317, subdivision 3; 260C.451; Minnesota Statutes 2009 Supplement, sections 260C.007, subdivision 25; 260C.150, subdivision 3; 260C.151, subdivision 1; 260C.178, subdivision 3; 260C.201, subdivision 11; 260C.212, subdivision 7; 260C.331, subdivision 1; 260C.456.

Representative Johnson moved H.F. 3039 before the committee.

Representative Johnson moved the H3039A4 amendment. THE MOTION PREVAILED.

Representative Johnson moved to orally amend H.F. 3039, the First Engrossment, as follows:

Page 6, delete Section 2

Page 26, delete Section 3

THE MOTION PREVAILED.

Representative Hayden gave a brief description of his bill.

Testifying for the bill:
Erin Sullivan Sutton, Department of Human Services

Representative Johnson moved that H.F. 3039, the First Engrossment, as amended, be recommended to pass, and when so passed, be re-referred to the Committee on Finance. THE MOTION PREVAILED.

H.F. 3299 (Hayden): A bill for an act relating to child support enforcement; updating provisions on access to certain information; authorizing certain actions by a public authority; requiring a notice; imposing certain duties; amending Minnesota Statutes 2008, sections 256.978, subdivision 2; 518A.46; subdivision 5; by adding a subdivision; repealing Minnesota Statutes 2008, sections 548.091, subdivision 3b; 548.092.

Representative Olin moved H.F. 3299 before the committee.

Representative Olin moved adoption of the H3299A1 amendment. THE MOTION PREVAILED.

Representative Scott moved to orally amend H.F. 3299 as follows:

Page 1, delete Section 1.

THE MOTION PREVAILED.

Representative Hayden gave a brief description of his bill.

Representative Olin moved that H.F. 3299, as amended, be recommended to pass, and when so passed, be placed on the General Register. THE MOTION PREVAILED.

H.F. 2824 (Hayden): A bill for an act relating to real property; modifying time for requesting a hearing on an order to secure a building; modifying notice of sale requirements; requiring a certificate of sale and specified information to be provided to political subdivisions; authorizing political subdivisions to recover costs and attorney fees associated with obtaining a five-week redemption period; amending Minnesota Statutes 2008, sections 580.03; 5890.12; 580.30, subdivision 1; 582.03, subdivision 1; 582.032, by adding a subdivision; Minnesota Statutes 2009 Supplement, sections 463.251, subdivision 3; 580.04.

Representative Mullery moved H.F. 2824 before the committee.

Representative Mullery moved to orally amend H.Fl. 2824 as follows:

Page 3, delete Section 4

THE MOTION PREVAILED.

Representative Hayden gave a brief description of his bill.

Testifying for the bill:
Melissa Reed, City of Minneapolis

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

Representative Drazkowski moved to lay the bill on the table. THE MOTION PREVAILED.

H.F. 3279, the First Engrossment (Huntley): A bill for an act relating to health; amending provisions for electronic health record technology; providing for administrative penalties; appropriating money; amending Minnesota Statutes 2009 Supplement, section 62J.495, subdivisions 1a, 3; proposing coding for new law in Minnesota Statutes, chapter 62J.

Representative Kulick Jackson moved H.F. 3279 before the committee.

Representative Kulick Jackson moved adoption of the A10-2269 amendment.

Representative Kulick Jackson moved to orally amend the A10-2269 amendment as follows:

Page 1, line 1, after "3279" insert "the First Engrossment"

THE MOTION PREVAILED AND THE ORAL AMENDMENT WAS INCORPORATED.

Representative Kulick Jackson amended her previous motion and moved to adopt the A10-2269 amendment, as amended. THE MOTION PREVAILED.

Representative Kulick Jackson moved that H.F. 3279, the First Engrossment, as amended, be recommended to pass, and when so passed, be re-referred to the Committee on State and Local Government Operations Reform, Technology, and Elections.

Representative Huntley briefly described his bill.

Testifying for the bill:
Dr. Jim Golden, Department of Health, Health Policy Director

Representative Holberg moved adoption of the H3279A2 amendment.

Testifying for the amendment:
Twila Brase, Minnesota Citizens for Health Care

Representative Holberg renewed her motion. THE MOTION DID NOT PREVAIL.

Testifying against the bill:
Twila Brase, Minnesota Citizens for Health Care
John Fraser, MednetWorld.com, Minneapolis

Representative Kulick Jackson renewed her motion. THE MOTION PREVAILED.

Representative Kulick Jackson assumed the chair at 6:58 p.m.

H.F. 3469 (Mullery): A bill for an act relating to civil actions; providing time limit for appealing decisions of a governing body or board of adjustment to district court; permitting the posting of a bond for an appeal to Court of Appeals in certain cases; amending Minnesota Statutes 2008, section 462.361, subdivision 1, by adding a subdivision.

Representative Mullery moved to orally amend H.F. 3469 as follows:

Page 1, delete lines 20 to 23 and insert:

"Subd. 3. Bond upon appeal. A party may not be ordered to post a surety bond or damages bond as a condition of an appeal under this section."

Page 2, delete lines 1 to 9

THE MOTION PREVAILED AND THE ORAL AMENDMENT WAS INCORPORATED.

Representative Mullery gave a brief description of his bill and moved that H.F. 3469, as amended, be recommended to pass, and when so passed, be placed on the General Register. THE MOTION PREVAILED.

H.F. 2600 (Mullery): A bill for an act relating to financial institutions; providing for the licensing and regulation of an individual engaged in the business of a mortgage loan origination or the mortgage loan business; proposing coding for new law as Minnesota Statutes, chapter 58A.

Representative Mullery moved to adopt the H2600A1 amendment. THE MOTION PREVAILED.

Representative Mullery moved that H.F. 2600, as amended, be recommended to pass, and when so passed, be re-referred to the Committee on State and Local Government Operations Reform, Technology, and Elections.

Representative gave a brief description of his bill.

Testifying for the bill:
Robin Brown, Department of Commerce

Representative Mullery renewed his motion. THE MOTION PREVAILED.

H.F. 2668 (Mullery): A bill for an act relating to landlord and tenant; modifying certain procedures related to expungement in eviction cases; adding certain residential covenants; specifying procedures for handling applicant screening fees; providing certain rights to tenants of foreclosed properties; amending Minnesota Statutes 2008, sections 484.014, subdivision 3, by adding a subdivision; 504B.161, subdivision 1; 504B.173; 504B.178, subdivision 7; 504B.285, by adding a subdivision; Minnesota Statutes 2009 Supplement, section 504B.285, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 504B.

Representative Mullery moved to adopt the H2668DE1 amendment.

Representative Mullery moved to orally amend the H2668DE1 amendment as follows:

Page 1, delete lines 21 to 26
Page 2, delete lines 1 to 3
Page 2, line 4, delete "(e)" and insert "(c)"
Page 2, line 6, after "or" delete "that" and insert "how"
Page 3, line 34, delete "perspective" and insert "prospective"

THE MOTION PREVAILED AND THE ORAL AMENDMENTS WERE INCORPORATED.

Representative amended his motion and moved to adopt the H2668DE1 amendment as amended. THE MOTION PREVAILED.

Testifying for the bill:
Ron Elwood, Legal Services Advocacy Project
Todd Liljenquist, Minnesota Multi Housing Association

Representative Mullery moved that H.F. 2668, as amended, be recommended to pass, and when so passed, be placed on the General Register. THE MOTION PREVAILED.

Representative Mullery announced that H.F.s 2707 and 2619 will be heard on Wednesday.

H.F. 3098, the First Engrossment (Loeffler): A bill for an act relating to health; modifying provisions for the statewide trauma system; amending Minnesota Statutes 2008, sections 144.603; 144.605, subdivisions 2, 3, by adding a subdivision; 144.608, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 144; repealing Minnesota Statutes 2008, section 144.607.

Representative Mullery moved H.F. 3098 before the committee.

Representative Mullery moved that H.F. 3098 be recommended to pass, and when so passed, be placed on the General Register.

Representative Loeffler briefly described her bill.

Testifying for the bill:
Dr. Jim Golden, Minnesota Department of Health
Tim Held, Minnesota Department of Health

Testifying against the bill:
Twila Brase, Minnesota Citizens for Health Care

Representative Kelly moved adoption of the H3098A1 amendment. THE MOTION DID NOT PREVAIL.

Representative Mullery renewed his motion. THE MOTION PREVAILED.

Because the committee had the wrong engrossment of H.F. 1746 when it voted to send the bill to the General Register on March 1, 2010, Representative Mullery moved to reconsider the vote on HF 1746 and moved that H.F. 1746, the First Engrossment, be recommended to pass, and when so passed, be placed on the General Register. THE MOTION PREVAILED.


The meeting adjourned at 7:34 P.M.



_________________________________________
Joe Mullery, Chair



_________________________________________
Vickie Benson, Committee Legislative Assistant
More Info On This Meeting..
Bills Added:
  • HF3239 (Abeler) - Licensing provisions changed, background study requirements, disqualifications, and data classification modified, and child care centers required to develop risk management plans.
  • HF3088 (Hayden) - Children and family service technical and policy provisions changed, Minnesota Family Investment Program and adult supports provisions changed, and child welfare provisions changed.
  • HF3279 (Huntley) - Electronic health record technology provisions amended, administrative penalties provided, and money appropriated.
  • HF3098 (Loeffler) - Statewide trauma system provisions modified.
  • HF2902 (Atkins) - Motor vehicle sales and distribution regulated.
  • HF3299 (Hayden) - Child support enforcement provisions updated on access to information, and actions by a public authority.
  • HF2613 (Hilstrom) - Mediation provided prior to commencement of mortgage foreclosure proceedings on homestead property, and homestead-lender mediation account created.
  • HF3187 (Bigham) - Civil commitment oath or affirmation provided without notarization and the acceptability of electronic signatures and documents.
  • HF3039 (Hayden) - Driver's license requirements modified for foster children, in-court reviews required, and definition of parent expanded for child protection proceedings.
  • HF2824 (Hayden) - Hearing request time modified on an order to secure a building, notice of sale requirements modified, certificate of sale and specified information provided to political subdivisions, and political subdivisions authorized to recover attorney fee costs for obtaining a five-week redemption period.
  • HF1217 (Gardner) - Legend and nonprescription drug possession allowed by those disposing of them, and definitions modified.
  • HF2985 (Clark) - Imposition of a late fee prohibited except in specified circumstances, receipt required for certain rent payments, tenant permitted to make emergency repairs, and other laws modified related to a rental agreement.
  • HF2816 (Hayden) - Utilities and eviction provisions modified and termination of a lease permitted for medical reasons.
  • HF2668 (Mullery) - Cash payment receipts required between landlord and tenant, recovery of attorney fees provided, tenant screening fee procedures modified, imposition of late fees provided, eviction procedures for tenants of certain foreclosed property provided, clarifying, conforming, technical, and other changes made to landlord and tenant provisions.
  • HF2829 (Champion) - Expungement of eviction records provisions modified and personal representative of deceased tenant allowed unit access.
  • HF2610 (Mullery) - Property forfeiture provisions changed, and sale of forfeited property by law enforcement officers, employees, and family members.
  • HF2707 (Mullery) - Juvenile delinquency provisions modified to include stays of adjudication of delinquency, and juvenile delinquency continuance period duration extended.
  • HF2600 (Mullery) - Licensing and regulation provided for an individual engaged in the business of a mortgage loan originator or the mortgage loan business, conforming and transitional provisions provided, and money appropriated.
  • HF2619 (Mullery) - Admissibility of a child's statements made during a mental health examination prohibited on the issue of guilt.
  • HF3048 (Norton) - Construction codes and licensing provisions modified, and certain notice provisions modified.
  • HF3469 (Mullery) - Time limit provided for appealing decisions of a governing body or board of adjustment to district court, and posting of a bond permitted for an appeal to Court of Appeals in certain cases.
House TV Video:
View Archive

11:22 - Gavel, and consideration of HF2610 (Mullery) Property forfeiture provisions changed, and sale of forfeited property by law enforcement officers, employees, and family members.
14:35 - HF3187 (Bigham) Civil commitment oath or affirmation provided without notarization and the acceptability of electronic signatures and documents.
17:15 - HF1217 (Gardner) Legend and nonprescription drug possession allowed by those disposing of them, definitions modified, and health care facilities prohibited to flush drugs into sewer system.
18:55 - HF3239 (Abeler) Licensing provisions changed, and background study requirements, disqualifications, and data classification modified.
22:22 - HF2613 (Hilstrom) Mediation provided prior to commencement of mortgage foreclosure proceedings on homestead property, and homestead-lender mediation account created.
28:12 - HF3048 (Norton) Construction codes and licensing provisions modified, certain notice provisions modified, and criminal penalties imposed.
31:38 - HF2902 (Atkins) Motor vehicle sales and distribution regulated.
42:10 - HF3088 (Hayden) Children and family service technical and policy provisions changed, Minnesota family investment program and adult supports provisions changed, and child welfare provisions changed.
45:00 - HF3039 (Hayden) Driver's license requirements modified for foster children, in-court reviews required, and definition of parent expanded for child protection proceedings.
57:25 - HF3299 (Hayden) Child support enforcement provisions updated on access to information, and actions by a public authority.
1:13:37 - HF2824 (Hayden) Hearing request time modified on an order to secure a building, notice of sale requirements modified, certificate of sale and specified information provided to political subdivisions, and political subdivisions authorized to recover attorney fee costs for obtaining a five-week redemption period.
1:22:58 - HF3279 (Huntley) Electronic health record technology provisions amended, administrative penalties provided, and money appropriated.
2:09:27 - HF3469 (Mullery) Time limit provided for appealing decisions of a governing body or board of adjustment to district court, and public participation in government actions clarified.
2:14:01 - HF2600 (Mullery) Licensing and regulation provided for an individual engaged in the business of a mortgage loan originator or the mortgage loan business.
2:20:06 - HF2668 (Mullery) Expungement procedures modified in eviction cases, residential covenants added, procedures modified for handling applicant screening fees, and rights provided to tenants of foreclosed properties.
2:30:30 - HF3098 (Loeffler) Statewide trauma system provisions modified.
Runs 2 hours, 45 minutes.


HF3239 (Abeler), HF3088 (Hayden), HF3279 (Huntley) and HF3098 (Loeffler) are all pending referral.