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Minnesota Legislature
2017-2018 Regular Session

FIFTEENTH MEETING - Civil Law and Data Practices Policy

March 09, 2017

STATE OF MINNESOTA FIFTEENTH MEETING
HOUSE OF REPRESENTATIVES NINETIETH SESSION

Civil Law and Data Practices Policy Committee

MINUTES

Representative Peggy Scott, Chair of the Civil Law and Data Practices Policy Committee, called the meeting to order at 8:17 AM, on March 9th, 2017, in the Basement Hearing Room of the State Office Building. A quorum was present.

The Committee Legislative Assistant noted the roll.

Members present:


SCOTT, Peggy, Chair
SMITH, Dennis, Vice Chair
LESCH, John, DFL Lead
CARLSON, Andrew
DEHN, Raymond
HILSTROM, Debra
HOWE, Jeff
JOHNSON, Sheldon
LOONAN, Bob
LUCERO, Eric
OMAR, Ilhan
O’NEILL, Marion
PUGH, Cindy
VOGEL, Bob
WHELAN, Abigail

Representative Howe moved to approve the minutes of March 7th, 2017. THE MOTION PREVAILED.

HF2067 - (Davids): Transfer definition modified.

Representative Scott moved that HF2067 be referred to General Register.

Representative Scott moved the HF2067A17 amendment. THE AMENDMENT WAS ADOPTED.

Representative Scott renewed her motion that HF2067 as amended be referred to the General Register. THE MOTION PREVAILED.

HF740 - (Vogel): Motor vehicle franchises regulated; warranty and recall obligations specified; and unfair practices by manufacturers, distributors, and factory branches provided.

Representative Vogel moved that HF740 be referred to the General Register.

Representative Vogel moved the HF740A2 amendment. THE AMENDMENT WAS ADOPTED.

Testifying on HF740:
Amber Backhaus, Minnesota Auto Dealers
Sandy Neren, Alliance of Automobile Managers
Ward Einess, General Motors
David Bright, Auto Alliance
Jeff Perry, General Motors

Representative Smith assumed the gavel at 8:30 AM.

Representative Scott assumed the gavel at 8:41 AM.

Representative Vogel renewed his motion that HF740 as amended be referred to the General Register. THE MOTION PREVAILED.

HF696 - (Baker): Adult foster care licensing provisions modified, individualized home supports added to home and community-based services, home and community-based services setting and licensing requirements modified, planning and case management requirements modified, and child foster care background studies modified.

Representative Scott moved that HF696 be referred to the General Register.

Testifying on HF696:
Barb Turner, ARRM

Representative Hilstrom moved oral amendment “On Page 9, on line 9.1, delete section 10.”

Representative Hilstrom oral amendment “On Page 9, delete line 10.”

Representative Scott renewed her motion that HF696 as amended be referred to the General Register. THE MOTION PREVAILED.

HF1702 - (Kresha): Children under 14 informed of the right to counsel, waivers of counsel required in writing by the child, and notice to counsel required.

Representative Scott moved that HF1702 be referred to the Committee on Public Safety and Security Policy and Finance.

Representative Scott moved the HF1702A1 amendment. THE AMENDMENT WAS ADOPTED.

Representative Scott moved the HF1702A2 amendment. THE AMENDMENT WAS ADOPTED.

Testifying on HF1702:
Lilia Panteleeva, Children’s Law Center
McKenna Ahrenholz

Representative Scott renewed her motion that HF1702 as amended be referred to the Committee on Public Safety and Security Policy and Finance. THE MOTION PREVAILED.

HF1773 - (Anderson): Tax Court appeal notice date clarified, alternative proof of timely mailing allowed, and small claims jurisdiction increased,

Representative Scott moved that HF1773 be referred to the Committee on Public Safety and Security Policy and Finance.

Testifying on HF1773:
Joanne Turner, Chief Judge, MN Tax Court

Representative Scott renewed her motion that HF1773 be referred to the Committee on Public Safety and Security Policy and Finance. THE MOTION PREVAILED.

HF1243 - (Petersburg): Security freezes for protected persons authorized, and exceptions provided.

Representative Whelan moved that HF1243 be referred to the General Register.

Representative Whelan moved to adopt the following oral amendment “On page 3, line 3.17 ‘subdivision 5 or 6’, to read ‘subdivision 6 or 9’. On line 3.24 ‘subdivision 5’, to read ‘subdivision 6’. On page 5, line 5.11 remove the words ‘retroactively from’.” THE ORAL AMENDMENT WAS ADOPTED.

Representative Whelan renewed her motion that HF1243 as amended be referred to the General Register. THE MOTION PREVAILED.

Representative Scott recessed the committee at 9:50 AM.

Representative Smith reconvened the committee at 3:09 PM.

HF1221 - (Anderson): Nuisance liability protection for agricultural operations modified, farmer-neighbor mediation program established, and mediation for disputes with farming operations required.

Representative Smith moved that HF1221 be referred to the Committee on Agriculture Finance.

Representative Smith moved the HF1221A1 amendment. THE AMENDMENT WAS ADOPTED.

Testifying on HF1221:
David Preisler, Minnesota Pork Producers Association
Sonja Trom Eayrs
Joel Carlson, Minnesota Association of Justice
Kristi Rosenquist
James Kanne, Farmers Union
Jerry Shoenfeld

Representative Scott assumed the gavel at 3:28 PM.

Representative Smith renewed his motion that HF1221 as amended be referred to the Committee on Agriculture Finance. THE MOTION PREVAILED.

HF1518 - (West): Secure electronic storage of records permitted.

Representative Scott moved that HF1518 be referred to the Committee on Transportation Finance.

Representative Scott moved the HF1518A17 amendment. THE AMENDMENT WAS ADOPTED.

Representative Scott moved to adopt the following oral amendment “On page 2, line 2.8, strike the words ‘outside of” and insert ‘by’.” THE ORAL AMENDMENT WAS ADOPTED.

Testifying on HF1518:
Jim Hirst, Minnesota Deputy Registrars

Representative Scott renewed her motion that HF1518 as amended be referred to the Committee on Transportation Finance. THE MOTION PREVAILED.

HF1229 - (Pierson): Ombudsman for Mental Health and Developmental Disabilities definitions and duties modified, and Ombudsman Committee modified.

Representative Loonan moved that HF1229 be referred to the General Register.

Representative Loonan moved the HF1229A4 amendment. THE AMENDMENT WAS ADOPTED.

Testifying on HF1229:
Roberta Opheim, Ombudsman for Mental Health and Developmental Disabilities

Representative Loonan renewed his motion that HF1229 as amended be referred to the General Register. THE MOTION PREVAILED.

HF2230 - (Torkelson): Metropolitan Council and counties authorized to contract for use of railroad or mass transit right-of-way, and civil liability regulated.

Representative Vogel moved that HF2230 be referred to the Committee on Transportation Finance.


Testifying on HF2230:
Mark Wagner, Twin Cities and Western Railroad Company
Joel Carlson, Minnesota Association for Justice
Mary Pattock, LTR Done Right
Claire Rubeck, Citizens Acting for Rail Safety
Melissa Lesch, City of Minneapolis

Representative Vogel renewed his motion that HF2330 be referred to the Committee on Transportation Finance.

Representative Lesch requested a roll call. The results were as follows:

AYES
SCOTT, Peggy
SMITH, Dennis
HOWE, Jeff
LOONAN, Bob
O’NEILL, Marion
PUGH, Cindy
VOGEL, Bob
WHELAN, Abigail NAYS
LESCH, John
CARLSON, Andrew
DEHN, Raymond
HILSTROM, Debra
JOHNSON, Sheldon
OMAR, Ilhan


There being 8 AYES and 6 NAYS. THE MOTION PREVAILED.

HF1770 - (Slocum): Sales suppression device regulation provided, and criminal penalties imposed.

Representative Lesch moved that HF1770 be referred to the Committee on Taxes.

Representative Lesch moved the HF1770A1 amendment. THE AMENDMENT WAS ADOPTED.

Representative Lesch moved the HF1770A2 amendment. THE AMENDMENT WAS ADOPTED.

Testifying on HF1770:
Paul Cummings, Department of Revenue

Representative Lesch renewed his motion that HF1770 as amended be referred to the Committee on Taxes. THE MOTION PREVAILED.

HF1756 - (Marquart): Paid preparer provisions modified.

Representative Hilstrom moved that HF1756 be referred to the Committee on Taxes.

Representative Hilstrom moved the HF1756A17 amendment. THE AMENDMENT WAS ADOPTED.

Testifying on HF1756:
Terry Steenblock, Department of Revenue
Geno Fragnito, Minnesota Society of CPAs

Representative Hilstrom renewed her motion that HF1756 as amended be referred to the Committee on Taxes. THE MOTION PREVAILED.

Representative Scott recessed the committee at 5:24 PM.

Representative Scott reconvened the committee at 5:48 PM.

HF857 (Scott): Inmate case planning information ensured to be private.

Representative Scott moved that HF857 be referred to the General Register.

Representative Scott moved the HF857DE1 amendment. THE AMENDMENT WAS ADOPTED.

Representative Lesch moved the HF857A4 amendment. THE AMENDMENT WAS ADOPTED.

Representative Scott moved to adopt the following oral amendment “On page 4 through page 6, delete article 3.” THE ORAL AMENDMENT WAS ADOPTED.

Testifying on HF857:
Matt Ehling, MNCOGI
Bryan Rice, Police Officers
Rich Neumeister
Stacie Christensen, Minnesota Department of Administration
Dennis Flarity, Minnesota Police and Peace Officers Association
Bryan Rice, Police Officers

Representative Scott renewed her motion that HF857 as amended be referred to the General Register. THE MOTION PREVAILED.

The meeting was adjourned at 6:30 PM.




Representative Peggy Scott, Chair




Nicole Reineke, Committee Legislative Assistant





More Info On This Meeting..
Agenda:

Any amendments to HF 857 should be drafted to the DE3 amendment ***More Bills May Be Added***

Bills Added:
  • HF1773 (Anderson) - Tax Court appeal notice date clarified, alternative proof of timely mailing allowed, and small claims jurisdiction increased.
  • HF696 (Baker) - Adult foster care licensing provisions modified, individualized home supports added to home and community-based services, home and community-based services setting and licensing requirements modified, planning and case management requirements modified, and child foster care background studies modified.
  • HF1702 (Kresha) - Children age ten and over informed of the right to counsel and extended representation, waivers of counsel required in writing, and notice to counsel required.
  • HF1770 (Slocum) - Sales suppression device regulation provided, and criminal penalties imposed.
  • HF1756 (Marquart) - Paid preparer provisions modified.
  • HF1243 (Petersburg) - Security freezes for protected persons authorized relating to consumer reports access, fees regulated, and exceptions provided.
  • HF740 (Vogel) - Motor vehicle franchises regulated; warranty and recall obligations specified; unfair practices and succession agreements by manufacturers, distributors, and factory branches regulated; and penalties provided.
  • HF857 (Scott) - Small business certification program data classified, and Legislative Commission on Data Practices and Personal Data Privacy directed to study and recommend options for expanding public access to legislative records and meetings.
  • HF1229 (House author not found.) - Ombudsman for Mental Health and Developmental Disabilities definitions and duties modified, and Ombudsman Committee modified.
  • HF2067 (Davids) - Transfer definition modified.
  • HF1518 (West) - Secure electronic storage of records permitted.
  • HF1221 (Anderson) - Nuisance liability protection for agricultural operations modified.
  • HF2230 (Torkelson) - Metropolitan Council and counties authorized to contract for use of railroad or mass transit right-of-way, and civil liability regulated.
Hearing Documents:
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