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Civil Law and Elections

TWENTIETH MEETING

2005-2006 Regular Session - March 30, 2005

STATE OF MINNESOTA TWENTIETH MEETING
HOUSE OF REPRESENTATIVES EIGHTY-FOURTH SESSION

CIVIL LAW AND ELECTIONS COMMITTEE

MINUTES


Representative Jeff Johnson, Chairman of the Civil Law and Elections Committee, called the twentieth meeting to order at 12:50 PM on Wednesday, March 30, 2005, in Room B of the State Office Building.

The Clerk noted the roll.

Members present:



JOHNSON, Jeff, Chairman HILTY, Bill
DELAFOREST, Chris, Vice-Chair LESCH, John
BROD, Laura NELSON, Peter
DEAN, Matt SIMON, Steve
ELLISON, Keith SLAWIK, Nora
EMMER, Tom WESTROM, Torrey



A quorum was present.

Representative DeLaForest moved approval of the March 29, 2005 Civil Law and Elections Committee minutes. THE MOTION PREVAILED. THE MINUTES WERE ADOPTED.

Representative DeLaForest moved HF622, equal treatment of voters provided, be recommended to pass and re-referred to the State Government Finance Committee.

Representative DeLaForest moved amendment A1 to be adopted (see attached). THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Represented DeLaForest presented HF622.

Testifying in support of HF622.

Mary Kiffmeyer Secretary of State
Tony Kielkucki Deputy Secretary of State

Representative DeLaForest renewed his motion that HF622, as amended, be recommended to pass and re-referred to the Committee on State Government Finance. MOTION PREVAILED.

Chairman Johnson moved HF2110 (Smith), returning to a safety focus when awarding custody and parenting time, be recommended to pass and placed on the General Register.

Representative Smith presented HF2110.

Testifying in support of HF2110.

Michele DeCastilo Co-leader of the ACES organization

Chairman Johnson renewed his motion that HF2110 be recommended to pass and placed on the General Register. MOTION PREVAILED.

Chairman Johnson moved HF221 (Davids), recreational purpose land definition expanded to include land used for rock climbing and exploring caves relating to civil


Actions, be recommended to pass and placed on the General Register.

Representative Westrom moved the H0221A1 amendment (see attached). THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Representative Davids presented HF221.

Testifying in opposition to HF221.

Joel Carlson Minnesota Trial Lawyers Association

Chairman Johnson moved the following oral amendment.

On page 1 of the HO221A1 amendment, after "the" and before "exploration" insert the word "planned." THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Chairman Johnson renewed his motion that HF221, as amended, be recommended to pass and placed on the General Register. MOTION PREVAILED.

Chairman Johnson moved HF2039(Davids), feedlot permit data classified, be recommended to pass and placed on the General Register.

Chairman Johnson moved the H2039A3 amendment (see attached). Chairman Johnson incorporated into his H2039A3 amendment the following oral amendment (see attached).

Page 1, line 10, after the word "delete," insert the words "the second"

THE MOTION PREVAILED. THE AMENDMENTS WERE ADOPTED.

Representative Davids presented HF2039.

Testifying in support of HF2039.

Dr. William Hartmann Executive Director of the Board of Animal Health and the State Veterinarian

Tom Peterson Minnesota Farmers Union

Chairman Johnson renewed his motion that HF2039, as amended, be recommended to
pass and placed on the General Register. MOTION PREVAILED.

Representative DeLaForest assumed the gavel at 1:55PM.

Chairman Johnson moved HF2121, business notification of persons whose personal
information has been disclosed to unauthorized persons required be recommended to
pass and re-referred to the Commerce & Financial Institutions Committee.

Chairman Johnson presented HF2121.

Testifying in support of HF2121.

Buzz Anderson Minnesota Retailers Association

Richard Neumeister Citizen


Chairman Johnson renewed his motion that HF2121 be passed and re-referred to the
Committee on Commerce and Financial Institutions. MOTION PREVAILED.

Chairman Johnson assumed the gavel at 2:05PM.

Chairman Johnson moved HF1845, providing a factor for determining the amount of
attorney fees awarded in certain actions, be recommended to pass and placed on the
General Register.

Chairman Johnson presented HF1845.

Testifying in support of HF1845.

Tom Marshall Attorney with Jackson-Lewis Law Firm, Minneaoplis

Chairman Johnson laid HF1845 on the table at 2:15PM.

The Committee recessed at 2:15PM.

The Committee reconvened at 4:00PM

Chairman Johnson moved HF1669 (Wilkin) insurance fees, rate filings, policy renewals
and alterations, and data collection regulated, be recommended to pass and placed on
the General Register.

Chairman Johnson moved the A3 amendment (see attached). THE MOTION
PREVAILED. THE AMENDMENT WAS ADOPTED.


Representative Wilkin presented HF1669.

Testifying in support of HF 1669.

Bob Johnson Insurance Federation of Minnesota

Chairman Johnson renewed his motion that HF1669, as amended, be passed and placed on the General Register. MOTION PREVAILED.

Representative Hilty moved HF470(Hilty) Human rights act tolling provision established for the 12-month determination requirement, be passed and placed on the General Register.

Representative Hilty moved the A1 amendment (see attached). THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Testifying in support of HF470.

Linda Hanson Director of Policy and Legal Affairs with the Department of Human Rights

Testifying in opposition of HF470.

Mike Hickey National Federation of Independent Business-MN
Tom Marshall Attorney, Jackson & Lewis law firm

Chairman Johnson laid HF470, as amended, on the table at 4:45PM.

Civil Law and Elections Committee
Minutes of Wednesday, March 30, 2005

Representative Hilty moved SF733 (Hilty) Campaign finance and public disclosure
provisions modified, electronic filing provided, contribution provisions equalized,
assessments limited, and obsolete rules repealed, be held over for possible inclusion in
the Omnibus Elections bill.

Testifying in support of SF733.

Jeff Siguardson Campaign Finance Board

Representative DeLaForest assumed the gavel at 4:50PM.

Representative DeLaForest laid SF733, over for possible inclusion in the
Omnibus Elections bill.

Representative Brod moved HF874 (Brod) state voting systems contract established,
and money appropriated from the Help America Vote Act account, be passed and re-
referred to State Government Finance Committee.

Representative Brod presented HF874.

Testifying in support of HF874.

Kevin Corbid Director of Assessment Taxpayers Services and Elections in Washington County; Co-Chair of the
County Auditor’s Legislative Committee; today testimony is on behalf of the Coalition of Local Government Election Officials

Judy Sanders National Federal for the Blind

Tom Ferber League of Minnesota Cities Elections Task Force

Mai Thor Minnesota Disability Law Center

Testifying in opposition of HF874.

Tony Kielkucki Deputy, Secretary of State

Bert Black Secretary of State

Representative Hilty moved HO874A1 (see attached). THE MOTION PREVAILED.
THE AMENDMENT WAS ADOPTED.


Representative Brod renewed her motion that HF874, as amended, be recommended to
pass and re-referred to the Committee on State Government Finance. THE MOTION PREVAILED.

Representative DeLaForest assumed the gavel at 5:00PM.

Representative DeLaForest moved HF1297 (Beard), Campaign expenditure definition
clarified and certain exceptions to ban on gifts to public officials provided, be
recommended to pass and be held over for possible inclusion in the Omnibus Elections
bill.

Representative Beard moved the following oral amendments.

Page 2, line 22, following the word "with" change the word "a fair market" to "an actual
market"


Page 2, line 32, change "$5" to "$15".

Page 3, line 18, following the word "with" change the word "a fair market" to "an actual
Market."

Representative DeLaForest renewed his motion that HF1297, as amended, be held
over for possible inclusion in the Omnibus Elections bill. THE MOTION PREVAILED.

Representative DeLaForest moved HF1108 (Greiling) early intervention services
expanded relating to civil commitment of chemically dependent pregnant women, be
recommended to pass and re-referred to the Committee on Health Policy and Finance.

Representative Greiling moved the following oral amendments:

Page 2, line 18, strike the word "habitual"
Page 2, line 19, strike the word "and
Page 2, line 20, strike the words "noncontrolled substances" and insert "alcohol and/or
Inhalants"

Testifying in support of HF1108.

Dr. Carol Crush Native American Community Clinic

Representative DeLaForest renews his motion that HF1108, as amended, be
recommended to pass and re-referred to the Committee on Health Policy and Finance.
THE MOTION PREVAILED.

Representative DeLaForest moved HF1578 (Liebling), authorizing the Department of
Human Services to collect spousal maintenance, be recommended to pass and re-
referred to the Committee on Jobs and Economic Development.

Representative Liebling presented HF1578.

Testifying in support of HF1578.

Diane Cushman Dir. Of the Legislative Commission on the Economic Status of Women
Lonna Stevens Minnesota Coalition for Battered Women
Wayland Campbell Department of Human Services
Reggie Wagner

Representative DeLaForest renewed his motion that HF1578 be recommended to pass
and re-referred to the Committee on Jobs and Economic Development. THE MOTION PREVAILED.

Representative DeLaForest moved HF1931(Heidgerken) Ski area operators and skiers
responsibilities and rights and liabilities between skiers defined, legal actions for injuries
resulting from the inherent dangers and risks of skiing prohibited, be recommended to
pass and re-referred to the General Register.

Representative DeLaForest amended his motion that HF1931 be re-referred to the Committee on Public Safety, without recommendation.

Representative Heidgerken presented HF1931.

Testifying in support of HF1931.

Leigh Nelson President of Welch Village (ski area), Welch, Mn


Testifying in opposition to HF1931.

Joel Carlson Trial Lawyers

Representative DeLaForest renewed his motion that HF1931 be referred to the
Committee on Public Safety without recommendation. MOTION PREVAILS.

Representative Dean moved HF1925, Human services licensing provisions modified, be
recommended to pass and re-referred to the Committee on Jobs and Economic
Development.

Representative Dean moved the H1925A6 amendment (see attached). THE MOTION
PREVAILED. THE AMENDMENT WAS ADOPTED.


Representative Dean presented HF1925.

Testifying in support of HF1925.

Laura Plummer-Zrust Dept. of Human Services
Jerry Kerber Dept. of Human Services

Testifying in opposition to HF1925.

Ann Hill Ombudsperson for families for the State of Minnesota

Representative DeLaForest laid over HF1925 at 7:10PM.

Representative DeLaForest moved HF1398(Cybart), unclaimed property held by
Cooperatives and the right to receive or recover unclaimed property regulated, and
public notice requirements modified, be recommended to pass and re-referred to the
General Register.

Representative Emmer moved the A3 amendment (see attached). THE MOTION
PREVAILED. THE AMENDMENT WAS ADOPTED.


Representative Cybart presented HF1398.

Representative DeLaForest laid HF1398, as amended, on the table at 7:13PM.

Representative DeLaForest took HF1925 from the table at 7:13PM.

Representative Dean renewed his motion that HF1925, as amended, be recommended
to pass and re-referred to the Committee on Jobs and Economic Development. THE
MOTION PREVAILED.


Representative DeLaForest took HF1398, as amended, from the table at 7:15PM.

Testifying in support of HF1398

Dennis Munkwitz Department of Commerce
Pat Sexton Department of Commerce

Testifying in opposition to HF1398.

Mark Anfinson Attorney for the Minnesota Newspaper Assoc.

Representative Emmer moved H1398A4 amendment. THE MOTION DID NOT PREVAIL. THE AMENDMENT WAS NOT ADOPTED.

Representative DeLaForest moved the HF1398, as amended, be recommended to pass, and re-referred to the General Register. THE MOTION PREVAILED.

The meeting adjourned at 8:15PM.


______________________________
REP. JEFF JOHNSON, CHAIR



______________________________
JOYCE ROGERS
COMMITTEE LEGISLATIVE ASST.