Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

Civil Justice

THIRTY-THIRD MEETING

2009-2010 Regular Session - Monday, March 1, 2010

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

CIVIL JUSTICE POLICY COMMITTEE MINUTES



Representative Mahoney called the meeting to order at 4:37 P.M. on Monday, March 1, 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
Westrom


A quorum was present.

Pursuant to Rule 4.20 of the Permanent Rules of the House the following bill was returned to the Civil Justice Committee for interim disposition.

S.F. 251 (Holberg): A bill for an act relating to commerce; clarifying the definition of "motor vehicle" in the statutory provision deeming the driver to be the agent of the owner in case of accident; amending Minnesota Statutes 2008, section 169.09, subdivision 5a.

Representative Holberg gave a brief explanation of the bill and moved that S.F. 251 be recommended to pass, and when so passed, be returned to the General Register. THE MOTION PREVAILED.

H.F. 1692 (Morrow): A bill for an act relating to dispute resolution; providing for arbitration of disputes; adopting the Uniform Arbitration Act; amending Minnesota Statutes 2008, sections 80C.146, subdivision 2; 122A.40, subdivision 15; 122A.41, subdivision 13; 179.09; 325E.37, subdivision 5; 325F.665, subdivision 6; 469.1762; 572A.02, subdivision 1; proposing coding for new law as Minnesota Statutes, chapter 572B; repealing Minnesota Statutes 2008, sections 572.08; 572.09; 572.10; 572.11; 572.12; 572.13; 572.14; 572.15; 571.16; 572.17; 572.18; 572.19; 572.20; 572.21; 572.22; 572.23; 572.24; 572.25; 572.26; 572.27; 572.28; 572.29; 572.30.

Representative Olin moved H.F. 1692 before the committee.

Representative Morrow presented his bill.

Testifying for the bill:
Robert Tennessen, Uniform Law Conference

Representative Olin moved adoption of the A10-2191 amendment. THE MOTION WAS WITHDRAWN.

Representative Olin moved adoption of the A10-2115 amendment.

Representative Olin moved to orally amend the A10-2115 amendment as follows:

Page 1, line 2, delete "2011" and insert "2010"
Page 1, line 3, delete "2013" and insert "2010"
Page 1, line 8, delete "2013" and insert "2012"
Page 1, line 9, delete "2011" and insert "2010"

THE MOTION PREVAILED AND THE ORAL AMENDMENTS WERE INCORPORATED.

Representative Olin moved adoption of the A10-2115 amendment as amended. THE MOTION PREVAILED.

Representative Olin moved that H.F. 1692, as amended, be recommended to pass, and when so passed, be placed on the General Register. THE MOTION PREVAILED.

H.F. 1746 (Bigham): A bill for an act relating to consumer protection; protecting customers from injuries resulting from use of inflatable play equipment used for commercial purposes; requiring the presence of trained supervisors and liability insurance; proposing coding for new law in Minnesota Statutes, chapter 184B.

Representative Hilstrom moved H.F. 1746 before the committee.

Representative Bigham presented her bill.

Testifying for the bill:
ÿ Jennifer Rosenberger, South St. Paul
ÿ John Schultz, Minnesota Department of Labor and Industry

Representative Hilstrom moved that H.F. 1746 be recommended to pass, and when so passed, be placed on the General Register.

Representative Scott called for a Division. After a show of hands, Representative Hilstrom’s MOTION PREVAILED.

Representative Kulick-Jackson assumed the chair at 5:00 p.m.

H.F. 2879 (Bigham): A bill for an act relating to insurance; allowing certain minors to contract for automobile insurance; proposing coding for new law in Minnesota Statutes, chapter 65B.

Representative Mahoney moved the bill before the committee.

Representative Mahoney moved adoption of the H2879DE1 amendment. THE MOTION PREVAILED.

Representative Bigham presented her bill.

Testifying for the bill:
ÿ Bob Johnson, Insurance Federation of Minnesota

Representative Mahoney moved that H.F. 2879, as amended, be recommended to pass, and when so passed, be placed on the General Register. THE MOTION PREVAILED.

Representative Drazkowski moved adoption of the Minutes for February 24, 2010. THE MOTION PREVAILED.

H.F. 2825 (Hortman): A bill for an act relating to property held in trust; clarifying status of certain distributions; changing certain relationship and inheritance provisions; providing for emergency and temporary conservators; amending Minnesota Statutes 2008, sections 501B.64, subdivision 3; 524.1-201; 524.2-114; Minnesota Statutes 2009 Supplement, section 524.5-409; proposing coding for new law in Minnesota Statutes, chapter 524.

Representative Hilstrom moved H.F. 2825 before the committee.

Representative Mahoney moved adoption of the A10-2173 amendment. THE MOTION PREVAILED.

Representative Hortman presented her bill.

Testifying for the bill:
ÿ Scott Nelson, Co-Chair, Legislative Committee, Probate and Trust Section, Minnesota State Bar Association
ÿ Peter Hatinen, Co-Chair, Legislative Committee, Probate and Trust Section, Minnesota State Bar Association

Representative Hilstrom moved that H.F. 2825, as amended, be recommended to pass, and when so passed, be placed on the General Register. THE MOTION PREVAILED.

H.F. 2819 (Mullery): A bill for an act relating to juvenile records; modifying provisions governing public access to certain juvenile records; limiting release of records with informed consent; amending Minnesota Statutes 2008, section 260B.171, subdivision 5.

Representative Mullery presented his bill and moved that H.F. 2819 be recommended to pass, and when so passed, be re-referred to the Committee on Public Safety Policy and Oversight.

Testifying for the bill:
Mark Haase, Council on Crime and Justice
Freddie Davis-English, Juvenile Justice Advisory Committee
Nancy Haas, Messerli and Kramer, representing the County Attorneys Association, which supports the concept of the bill

Representative Mullery renewed his motion.

Representative Holberg called for a Division. After a show of hands, Representative Mullery’s MOTION PREVAILED.

H.F. 2990 (Hilstrom): A bill for an act relating to guardians ad litem; establishing the State Guardian Ad Litem Board; appropriating money; amending Minnesota Statutes 2008, sections 257.69, subdivision 2; 260B.331, subdivision 6; 260C.31, subdivisions 3, 6; 518.165, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 480.

Representative Hilstrom moved adoption of the H2990A1 amendment. THE MOTION PREVAILED.

Representative Hilstrom presented her bill.

Testifying for the bill:
Sue Dosal, State Court Administrator
Shellene Johnson, MN Coalition for Battered Women (and former guardian ad litem)

Representative Hilstrom moved that H.F. 2990, 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. THE MOTION PREVAILED.

H.F. 2612 (Hilstrom): A bill for an act relating to civil commitment; clarifying civil commitment venue; amending Minnesota Statutes 2008, sections 253B.02, by adding a subdivision; 253B.045, subdivision 2; 253B.05, subdivision 3; 253B.064, subdivision 1; 253B.07, subdivisions 1, 2, 2d; 253B.185, subdivision 1; 253B.20, subdivision 4; 253B.23, subdivision 1, by adding a subdivision; Minnesota Statutes 2009 Supplement, section 253B.10, subdivision 3.

Representative Hilstrom presented her bill and moved that H.F. 2612 be recommended to pass, and when so passed, be re-referred to the Committee on Public Safety Policy and Oversight.

Testifying for the bill:
Sue Abderholden, National Alliance for Mental Illness
John Kirwin, Assistant Hennepin County Attorney

Representative Hilstrom amended her previous motion and moved that H.F. 2612 be recommended to pass, and when so passed, be placed on the General Register. THE MOTION PREVAILED.


The meeting adjourned at 6:25 P.M.



_________________________________________
Joe Mullery, Chair



_________________________________________
Vickie Benson, Committee Legislative Assistant
More Info On This Meeting..
Bills Added:
  • HF0251 (Holberg) - Motor vehicle definition clarified in statutory provision deeming the driver to be the agent of the owner in case of accident.
  • HF1692 (Morrow) - Dispute arbitration provided, and Uniform Arbitration Act adopted.
  • HF2825 (Hortman) - Distribution status clarified, relationship and inheritance provisions changed, and emergency and temporary conservators provided.
  • HF1746 (Bigham) - Customers protected from injuries resulting from use of inflatable play equipment used for commercial purposes, trained supervisor presence and liability insurance required.
  • HF2879 (Bigham) - Minors allowed to contract for automobile insurance.
  • HF2990 (Hilstrom) - State Guardian Ad Litem Board established and money appropriated.
  • HF2612 (Hilstrom) - Civil commitment venue clarified.
  • HF2819 (Mullery) - Public access to certain juvenile records modified and release of records limited.
Documents:
  • - 3/1/2010
  • - 3/1/2010
House TV Video:
View Archive

00:20 - Gavel.
00:35 - SF251 (Holberg) Motor vehicle definition clarified in statutory provision deeming the driver to be the agent of the owner in case of accident.
01:23 - HF1692 (Morrow) Dispute arbitration provided, and Uniform Arbitration Act adopted.
08:20 - HF1746 (Bigham) Customers protected from injuries resulting from use of inflatable play equipment used for commercial purposes, trained supervisor presence and liability insurance required.
23:32 - HF2879 (Bigham) Minors allowed to contract for automobile insurance.
34:49 - HF2825 (Hortman) Distribution statuses clarified, relationship and inheritance provisions changed, and emergency and temporary conservators provided.
53:48 - HF2819 (Mullery) Public access to certain juvenile records modified and release of records limited.
1:21:15 - HF2990 (Hilstrom) State Guardian Ad Litem Board established and money appropriated.
1:38:58 - HF2612 (Hilstrom) Civil commitment venue clarified.
Runs 1 hour, 48 minutes.


*SF251 Will be returned to the General Register without discussion, as it was passed by the committee last year but returned pursuant to House Rule 4.20.