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Minnesota Legislature
2017-2018 Regular Session

TWENTY-SEVENTH MEETING - Civil Law and Data Practices Policy

March 20, 2018

STATE OF MINNESOTA TWENTY-SEVENTH 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 8:23 AM, on March 20th, 2018 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
DEHN, Ray
CARLSON, Andrew
HILSTROM, Debra
HOWE, Jeff
LOONAN, Bob
LUCERO, Eric
OMAR, Illhan
O’NEILL, Marion
PUGH, Cindy
VOGEL, Bob
WHELAN, Abigail

Excused members:
JOHNSON, Sheldon

Representative Loonan moved to approve the minutes from March 15th, 2018. THE MOTION PREVAILED.

HF 2953 (Scott) Chapter 13 responsibilities transferred from administration commissioner to the Office of Administrative Hearings, administrative remedy under chapter 13 modified, and money appropriated.

Representative Scott moved that HF2953 be re-referred to the Committee on Government Operations.

Representative Scott moved the HF2953A1 amendment. THE AMENDMENT WAS ADOPTED.

Testifying on HF2953:
Laurie Beyer-Kropuenske, Acting Assistant Commissioner for the Department of Administration
Eric Litman, Administrative Law Judge

Representative Scott renewed her motion that HF2953, as amended, be re-referred to the Committee on Government Operations. THE MOTION PREVAILED.

HF 3771 (Vogel) Fiscal note provisions effective date modified, and provisions governing the Legislative Budget Office modified.

Representative Vogel moved that HF 3771 be re-referred to the Committee on Government Operations.

Representative Hilstrom moved the HF3771A1 amendment. THE AMENDMENT WAS ADOPTED.

Representative Vogel renewed his motion that HF 3771, as amended, be re-referred to the Committee on Government Operations. THE MOTION PREVAILED.

HF 2725 (Dean) County-based eligibility determination for medical assistance and MinnesotaCare required, seeking a waiver to determine eligibility for premium tax credits and cost-sharing reductions required, legislative oversight of expenditures provided, and money appropriated.

Representative Loonan moved that HF 2725 be re-referred to the Commerce and Regulatory Reform Committee.

Testifying on HF2725:
Julie Ring, Executive Director, Association of Minnesota Counties

Representative Loonan renewed his motion that HF 2725 be re-referred to the Commerce and Regulatory Reform Committee. THE MOTION PREVAILED.

HF 1440 (Baker) Opioid Addiction Prevention and Treatment Advisory Council established, special revenue fund for opioid prevention and treatment established, reports required, and money appropriated.

Representative Smith moved that HF1440 be re-referred to the Committee on Government Operations.

Representative Scott moved the HF1440A1 amendment. THE AMENDMENT WAS ADOPTED.

Testifying on HF1440:
Cody Weiberg, Director of the MN Board of Pharmacy

Representative Smith renewed his motion that HF 1440, as amended, be re-referred to the Committee on Government Operations. THE MOTION PREVAILED.

HF 3693 (Smith) Trespass to critical infrastructure liability and vicarious liability created, crime for recruiting or educating individuals to trespass on or damage critical infrastructure created.

Representative Smith moved that HF 3693 be re-referred to the Public Safety and Crime Prevention Committee.

Representative Smith offered an oral amendment to HF 3693, on page 1 lines 10 and 14, striking “609.595” and adding “609.594”. THE AMENDMENT WAS INCORPORATED.

Testifying on HF 3693:
Cam Winton, MN Chamber
Teresa Nelson, ACLU

Representative Vogel assumed the gavel at 9:33AM.

Representative Scott assumed the gavel at 9:35AM.

Representative Smith renewed his motion that HF3693, as amended, be re-referred to the Public Safety and Crime Prevention Committee.

Representative Dehn requested a roll call:

AYE NAY
SCOTT, Peggy LESCH, John
SMITH, Dennis CARLSON, Andrew
HOWE, Jeff DEHN, Raymond
LOONAN, Bob HILSTROM, Debra
LUCERO, Eric OMAR, Ilhan
O’NEILL, Marion
PUGH, Cindy
VOGEL, Bob
WHELAN, Abigail

There being 9 AYES and 5 NAYS, THE MOTION PREVAILS.

Representative Scott recessed the Civil Law Committee at 10:03AM.

Representative Scott reconvened the Civil Law Committee at 5:40PM.

HF 2987 (Kiel) Drug repository program created.
Representative Scott moved that HF2987 be re-referred it to the Public Safety and Crime Prevention Committee.
Testifying on HF2987:
Rowan Mahon
Hannah Van Ochten

Representative Scott renewed her motion that HF 2987 be re-referred to the Public Safety and Crime Prevention Committee. THE MOTION PREVAILED.
HF 3622 (Hoppe) Reinsurer accreditation and certification requirements changed.
Representative Loonan moved that HF 3622 be re-referred to the General Register.
Testifying on HF 3622:
Peter Brickewoode, Department of Commerce

Representative Loonan renewed his motion that HF 3622 be re-referred to the General Register. THE MOTION PREVAILED.
HF 2780 (Quam) Background study provisions modified.
Representative Lucero moved that HF 2780 be re-referred to the Health and Human Services Finance Committee.
Representative Scott moved the HF2780A4 amendment. THE AMENDMENT WAS ADOPTED.
Representative Lucero moved that HF 2780, as amended, be re-referred to the Health and Human Services Finance Committee. THE MOTION PREVAILED.
HF 2795 (Loon) Teacher code of ethics codified, background checks required, mandatory reporting expanded, grounds for teacher discharge expanded, and criminal sexual conduct offenses for persons in current or recent positions of authority of juveniles expanded.
Representative Howe moved that HF 2795 be re-referred to the Public Safety and Crime Prevention Committee.
Testifying on HF 2795:
Caroline Palmer, MNCASA
Meg Luger, Attorney, Education MN

Representative Howe moved that HF 2795 be re-referred to the Public Safety and Crime Prevention Committee. THE MOTION PREVAILED.
Representative Scott recessed the Civil Law Committee at 6:27PM.
Representative Scott reconvened the Civil Law Committee at 6:32PM.
HF2934 - (Grossell): Stays of adjudication record transfer to the Bureau of Criminal Apprehension required, Bureau of Criminal Apprehension required to share data with parties requesting background checks, and offenders who receive stays of adjudication for disqualifying offenses prohibited from serving as school bus drivers.
Representative Scott moved that HF 2934 be re-referred to the Public Safety and Crime Prevention Committee.
Representative Hilstrom moved that HF2934A1 amendment. THE AMENDMENT WAS ADOPTED.
Testifying on HF2934:
Kelsey Myers, MNCASA
Karmen McQuitty, University of Minnesota Student Legal Service
Representative Scott renewed her motion that HF2934, as amended, be re-referred to the Public Safety and Crime Prevention Committee. THE MOTION PREVAILED.
HF 3577 (Anselmo) Certified salt applicator program established, and liability limited.
Representative Smith moved that HF 3577 be re-referred to the Committee on Ways and Means.
Representative Smith offered an oral amendment to the H3577A4 amendment. On line 1.3 after 6, “delete land and insert real property.” THE AMENDMENT WAS INCORPORATED.
Representative Smith moved the A4 amendment. THE AMENDMENT WAS ADOPTED.
Representative Smith moved the A5 amendment. THE AMENDMENT WAS ADOPTED.
Testifying on HF 3577:
Bob Johnson
Dale Thornsjo, Minnesota Defense Lawyers Association
Joel Carlson, MN Association of Justice
Greta Gauthier, MN Polution Agency
Jean Coleman, MPCA

Representative Smith renewed his motion that HF 3577 be re-referred to the Committee on Ways and Means.
Representative Lesch requested a roll call.

AYE NAY
SCOTT, Peggy LESCH, John
SMITH, Dennis CARLSON, Andrew
HOWE, Jeff DEHN, Raymond
LOONAN, Bob HILSTROM, Debra
LUCERO, Eric
OMAR, Ilhan
O’NEILL, Marion
PUGH, Cindy
VOGEL, Bob
WHELAN, Abigail

There being 10 AYES and 4 NAYS, THE MOTION PREVAILED.
HF 3725 (Knoblach): Criminal forfeiture provided, participation in the federal equitable sharing program limited, and administrative forfeiture eliminated.
Representative Scott moved that HF 3725 be re-referred to the Public Safety and Crime Prevention Committee.
Representative Lesch moved the HF3725A1 amendment. THE AMENDMENT WAS ADOPTED.
Representative Lesch moved the HF3725A1 amendment. THE AMENDMENT WAS ADOPTED.
Testifying on HF 3725:
Dan Koewler, Ramsey Law Firm
Jason Flohrs, Americans for Prosperity
Howard Bass, Criminal Defense Attorney
James Cosgrove
Jeff Tate, Shakopee Police Chief, Minnesota Police Chief’s Association
Joe Hagerty, Sheriff of Wright County
Dave Metusalem, Minnesota Police and Peace Officers Association
Robert Small, Minnesota County Attorneys Association
Jennifer Pim, Assistant Sherburne County Attorney
Joe Leko, Chief Deputy, Dakota County Sheriff’s Office
Lee McGrath, Institute for Justice

Representative Lucero assumed the gavel at 8:40AM.
Representative Scott assumed the gavel at 8:43AM.
Representative Lesch renews his motion to re-refer HF3725, as amended, to the Public Safety and Crime Prevention Committee. THE MOTION PREVAILED.
Representative Scott moved that HF 3258 be re-referred to the Public Safety and Crime Prevention Committee.
Representative Scott moved the HF3258DE4 amendment. AMENDMENT WAS ADOPTED.
Testifying on HF 3258:
Chief Jeff Potts

HF 3258 (Scott) Mandatory biennial audits of automatic license plate reader data modified.
Representative Scott renewed her motion that HF 3258, as amended, be re-referred to the Public Safety and Crime Prevention Committee. THE MOTION PREVAILED.
HF 3552 (Smith) Residential use definition under the Minnesota Common Interest Ownership Act modified.
Representative Smith moved that HF 3552 be re-referred to the General Register.
Representative Smith moved the HF3552A18-0652 amendment. THE AMENDMENT WAS ADOPTED.
Testifying on HF 3552:
Rich Forschler, Faegre Baker and Daniels
Thomas Bray, Briggs and Morgan
Jon Peterson, Winthrop and Weinstein

Representative Smith moved that HF 3552, as amended, be referred to the General Register.

The meeting was adjourned at 9:44PM.



Representative Peggy Scott, Chair




Abby Greufe, Committee Legislative Assistant

More Info On This Meeting..
Agenda:

Bills may be taken up in any order. More bills may be added.

Bills Added:
  • HF3693 (Smith) - Trespass to critical infrastructure liability and vicarious liability created, and crime for recruiting or educating individuals to trespass on or damage critical infrastructure created.
  • HF3771 (Vogel) - Fiscal note provisions effective date modified, and provisions governing the Legislative Budget Office modified.
  • HF3725 (Knoblach) - Criminal forfeiture provided, participation in the federal equitable sharing program limited, and administrative forfeiture eliminated.
  • HF2987 (Kiel) - Drug repository program created.
  • HF3258 (Scott) - Automatic license plate reader and portable recording system provisions modified.
  • HF2725 (Dean) - County-based eligibility determination for medical assistance and MinnesotaCare required, seeking a waiver to determine eligibility for premium tax credits and cost-sharing reductions required, legislative oversight of expenditures provided, and money appropriated.
  • HF2795 (Loon) - Teacher code of ethics codified, background checks required, mandatory reporting expanded, grounds for teacher discharge expanded, and criminal sexual conduct offenses for persons in current or recent positions of authority of juveniles expanded.
  • HF2953 (Scott) - Chapter 13 responsibilities transferred from administration commissioner to the Office of Administrative Hearings, data practices coordinator position established, administrative remedy under chapter 13 amended, and money appropriated.
  • HF3552 (Smith) - Residential use definition under the Minnesota Common Interest Ownership Act modified.
  • HF1440 (Baker) - Opioid Addiction Prevention and Treatment Advisory Council established; opioid addiction prevention and treatment account established; substance use disorder treatment provider requirements modified; opioid addiction prevention, education, research, intervention, treatment, and recovery provisions modified; reports required; and money appropriated.
  • HF3577 (Anselmo) - Salt applicator certification program established, and liability limited.
  • HF2780 (Quam) - Background study provisions modified.
  • HF2934 (Grossell) - Stays of adjudication record transfer to the Bureau of Criminal Apprehension required, Bureau of Criminal Apprehension required to share data with parties requesting background checks, and offenders who receive stays of adjudication for disqualifying offenses prohibited from serving as school bus drivers.
  • HF3622 (Hoppe) - Reinsurer accreditation and certification requirements changed.
Hearing Documents:
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