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Civil Law

TWENTY-SECOND MEETING

2011-2012 Regular Session - Wednesday, April 27, 2011

STATE OF MINNESOTA TWENTY-SECOND MEETING
HOUSE OF REPRESENTATIVES EIGHTY-SEVENTH SESSION

CIVIL LAW

MINUTES

Representative Westrom, Chair of the Civil Law Committee, called the meeting to order at 12:40 pm on Wednesday, April 27, 2011, 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

No members were excused.

A quorum was present.

Rep. Runbeck moved for the approval of the minutes from Tuesday, April 26, 2011. THE MOTION PREVAILED.

HF905 (Hamilton) Youth athletes with concussions resulting from participation in youth athletic activities policies established.

Chair Westrom moved that HF905 be recommended to pass and sent to the General Register.

Chair moved to adopt the H0905DE6-2 amendment. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Testifying on HF 905, as amended:
Representative Rod Hamilton
Mr. Christopher Heffele, Butterfield
Dr. Mike Bergeron, Sandford Health
Dr. Mark Carlson, Sanford Health

Representative Drazkowski assumed the gavel at 1:07 pm.
Chair Westrom reassumed the gavel at 1:19 pm.
Representative Drazkowski assumed the gavel 1:26 pm.

Representative Drazkowski renewed Chair Westrom's motion that HF 905, as amended, be recommended to pass and sent to the General Register. THE MOTION PREVAILED.

HF1515 (Holberg) Late fee provisions modified, and provisions clarified relating to eviction from property subject to foreclosure.

Representative Holberg moved that HF 1515 be recommended to pass and sent to the General Register.

Testifying on HF1515:
Representative Mary Liz Holberg

Representative Holberg moved HF 1515 be recommended to pass and sent to the General Register. THE MOTION PREVAILED.

Representative Drazkowski moved that SF 55, as amended, be taken off the table. THE MOTION PREVAILED.

SF55 (Woodard) Charter school authorizer approval deadline modified.

Representative Drazkowski moved to adopt the S0055A8 amendment. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Testifying on SF55, as amended:
Representative Kelby Woodard
Ms. Karen Klinzing, Friends of Education
Mr. Brian Shekleton, MN Department of Education

Representative Drazkowski moved to lay SF 55, as amended, on the table.

HF56 (Dill) Veteran waiver of immunity provided to sue the state of Minnesota as an employer in federal or other courts for violation of the Uniformed Services Employment and Reemployment Rights Act.

Representative Scott moved that HF 56 be recommended to pass and sent to the General Register.

Testifying on HF 56:
Representative David Dill

Representative Scott renewed the motion that HF 56 be recommended to pass and sent to the General Register. THE MOTION PREVAILED.

Representative Drazkowski recessed the committee at 2:13 pm.
Representative Westrom reconvened the committee at 6:55 pm.

Chair Westrom moved to take SF 55, as amended, off the table. THE MOTION PREVAILED.
Representative Drazkowski moved to reconsider the S055A8 amendment. THE MOTION PREVAILED.

Chair Westrom moved to strike the S0055A8 amendment from SF 55. THE MOTION PREVAILED.

Chair Westrom moved S0055A10 amendment. THE MOTION PREAVAILED.

Chair Westrom renewed motion the SF 55, as amended, be recommended to pass and sent to the General Register.

HF 747 (Mazorol) Attorney fee relation to damages awarded factor provided.

Representative Mazorol moved HF747 be recommended to pass and sent to the General Register.

Testifying on HF747:
Representative Mazorol
Mr. Tom Marshall, Jackson Lewis LLP
Mr. Mike Hickey, National Federation of Independent Businesses
Mr. Joel Carlson, Minnesota Association for Justice

Chair Westrom renewed motion that HF 747 be recommended to pass and sent to the General Register. THE MOTION PREVAILED.

Representative Lesch requested a division. WITH 7 YEAS AND 4 NAYS THE MOTION PREVAILED. THE BILL IS PASSED.

HF 654 (Wardlow) Limitation period reduced for bringing certain actions.

Representative Wardlow moved the HF 654 be recommended to pass and re-referred the Judiciary Policy and Finance committee.

Representative Wardlow moved to orally amend HF 654 by deleting Section 1 of the bill. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Testifying on HF654, as amended:
Representative Doug Wardlow
Bob Johnson, Insurance Federation of Minnesota
Dale Thornsjo, Johnson & Condon P.A.
Joel Carlson, Minnesota Association for Justice

Representative Wardlow renewed his motion that HF 654, as amended, be recommended to pass and re-referred the Judiciary Policy and Finance committee. THE MOTION PREVAILED.

HF 1162 (Ward) Nonnative species provisions modified, permits to control or harvest aquatic plants requirements modified, and criminal and civil penalties.

Representative Hortman moved that HF1162 be recommended to pass and re-referred to the Environment, Energy and Natural Resources committee.

Chair Westrom moved to adopt the H1162A1 amendment. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Testifying on HF 1162, as amended:
Representative John Ward
Maj. Rodmen Smith, MN Department of Natural Resources
Mr. Steve Hirsch, MN Department of Natural Resources
Mr. Jeff Forester, Minnesota Seasonal Recreational Property Owners

Representative Drazkowski assumed the gavel at 8:17 pm.

Representative Holberg moved to orally amend HF 1162 by deleting section 24 and 27 of the bill.
Representative Lesch requested a roll call on the oral amendment.

The results are as follows:

AYE
DRAZKOWSKI, Steve
HOLBERG, Mary Liz
MAZOROL, Pat
PEPPIN, Joyce
PETERSON, Sandra
RUNBECK, Linda
SCOTT, Peggy
WARDLOW, Doug

NAY
LESCH, John
MAHONEY, Tim
SIMON, Steve

PASS
HORTMAN, Melissa

NOT PRESENT
WESTROM, Torrey
GRUENHAGEN, Glenn
HILSTROM, Debra
HILTY, Bill
HOPPE, Joe

Representative Drazkowski moved to modify the H1162A5 amendment as follows:
Delete Page 1, line 3 through line 6 and line 15 through 16. THE MOTION PREVAILED.

Representative Westrom moved to orally amend H1162A5 amendment as follows:
Delete Page 1, line 2. THE MOTION PREVAILED.

Representative Drazkowski moved to adopt the H1162A5 amendment. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Representative Hortman amended the original motion that HF1162 be re-referred to the Environment, Energy and Natural Resources committee.
Representative Hortman moved that HF 1162, as amended, be recommended to pass and re-referred to Ways and Means Committee. THE MOTION PREVAILED.

Chair Westrom reassumed the gavel at 9:17 pm.

The meeting was adjourned at 9:20 pm.



____________________________________
REP. TORREY WESTROM, CHAIR



____________________________________
Sarah Novinskie
Committee Legislative Assistant
More Info On This Meeting..
Bills Added:
  • HF1515 (Holberg) - Late fee provisions modified, and provisions clarified relating to eviction from property subject to foreclosure.
  • HF0654 (Wardlow) - Limitation period reduced for bringing certain actions.
Documents:
  • - 4/27/2011
  • - 4/27/2011
  • - 4/27/2011
  • - 4/27/2011
House TV Video:
View Archive

01:27 - Gavel.
02:11 - HF905 (Hamilton) Youth athletes with concussions resulting from participation in youth athletic activities policies established.
1:05:20 - HF1515 (Holberg) Late fee provisions modified, and provisions clarified relating to eviction from property subject to foreclosure.
1:07:41 - SF55 (Woodard) Charter school authorizer approval deadline modification.
1:30:21 - HF56 (Dill) Veteran waiver of immunity provided to sue the state of Minnesota as an employer in federal or other courts for violation of the Uniformed Services Employment and Reemployment Rights Act.
The committee recessed.
Runs 1 hour, 34 minutes.


HF56 (Dill) Veteran waiver of immunity provided to sue the state of Minnesota as an employer in federal or other courts for violation of the Uniformed Services Employment and Reemployment Rights Act.
HF905 (Hamilton) Youth athletes with concussions resulting from participation in youth athletic activities policies established.
HF747 (Mazorol) Attorney fee relation to damages awarded factor provided.
HF1162 (Ward) Nonnative species provisions modified, permits to control or harvest aquatic plants requirements modified, and criminal and civil penalties provided.
**Any bills not heard on Tuesday, April 26 will be added to this agenda.