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Civil Law and Elections

NINETEENTH MEETING

2005-2006 Regular Session - March 29, 2005

STATE OF MINNESOTA NINETEENTH 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 nineteenth meeting to order at 4:40 PM on Tuesday, March 29, 2005, in Room 500S of the State Office Building.

The Clerk noted the roll.

Members present:

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

A quorum was present.

Representative Emmer moved approval of the March 23, 2005 Civil Law and Elections Committee minutes. THE MOTION PREVAILED. THE MINUTES WERE ADOPTED.

Chairman Johnson moved HF665 (Meslow), eliminating the prohibition on service of legal process on Sunday, be recommended to pass and placed on the General Register.

Representative Meslow presented SF665.

Chairman Johnson renewed his motion that HF665 be recommended to pass and re-referred to the General Register. THE MOTION PREVAILED.

Chairman Jeff Johnson moved SF607 (Meslow), collateral sanctions defined, and table of collateral sanctions cross-references required, be passed and placed on the General Register.

Representative Meslow presented SF607.

Testifying in support of SF607.

Robert Johnson Anoka County attorney

Chairman Johnson renewed his motion that SF607 be passed and placed on the General Register. THE MOTION PREVAILED.

Chairman Johnson moved HF576 (Meslow) paternity presumption provisions modified, be recommended to pass and be held over for possible inclusion in the Family Law Omnibus bill.

Representative Meslow presented HF576.


Representative Meslow offered the following oral amendments:

On page 4, line 27, delete presumed to be and parent
On page 4, line 27, insert after the word "the" biological father

On page 4, after line 30, insert "a determination under this subdivision that the alleged father is the biological father does not preclude the adjudication of another man as the legal father pursuant to M.S. 257.55, subd. 2 nor does it allow the donor of genetic material for assisted reproduction for the benefit of the recipient parent(s), whether sperm or ovum (egg), to claim to be the child’s biological and/or legal parent."

Chairman Johnson moved the oral amendments (see attached). THE MOTION PREVAILED. THE AMENDMENTS WERE ADOPTED.

Testifying in support of HF576:

The Honorable Jack Davies

Chairman Johnson renewed his motion that HF576, as amended, be recommended to pass and be held over for possible inclusion in the Family Law Omnibus bill. THE MOTION PREVAILED.

Chairman Johnson moved HF1074 (Cybart) family day care, child care center, or foster care license data classified as public in certain circumstances, be recommended to pass and be held over for possible inclusion in the Data Practices Omnibus bill.

Chairman Johnson moved H1074A1 amendment (see attached). THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Representative Cybart presented HF1074.

Testifying in support of HF1074.

Nancy Schouweiler, Dakota County Commissioner, Inver Grove Heights

Chairman Johnson renewed his motion that HF1074, as amended, be recommended to pass and be held over for possible inclusion in the Data Practices Omnibus bill. THE MOTION PREVAILED.

Chairman Johnson moved HF1760 (Tingelstad) trafficking in persons crimes specified, forfeiture of property provided, sex trafficking included in the promoting of prostitution crime, and forfeiture proceeds distribution formula modified be recommended to pass and re-referred to the Committee on Government Operations.

Representative Tingelstad presented HF1760.

Testifying in support of HF1760.

Suzanne Peterson Legislative Task Force, Economic Status of Women
David Schultz Professor, Hamline Law School

Chairman Johnson moved H1760A2 amendment (see attached). THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.


Chairman Johnson renewed his motion that HF1760, as amended, be passed and re-referred to the Committee on Government Operations. THE MOTION PREVAILED.

Representative Emmer moved HF2116, campaign finance disclosure requirements increased, be recommended to pass and re-referred to the Committee on Public Safety.

Representative Emmer moved the H2116A2 amendment (see attached). THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Testifying in support of HF2116.

David Schultz Professor, Hamline Law School
Joe Marboe Citizen
Beth Frazer Citizen

Representative Emmer renewed his motion that HF2116, as amended, be re-referred to the Committee on Public Safety without recommendation.

Representative Hilty called for a division. The vote failed 5 – 4. THE BILL DID NOT PASS.

Representative Emmer moved HF1129, state agency employment applicant data classification modified, be recommended to pass and held over for possible inclusion in the Omnibus Data Practices bill.

Representative Emmer moved H1129DE1 amendment (see attached). THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Representative Emmer presented HF1129.

Testifying in support of HF1129.

Sandy Neren Messerli & Kramer

Representative Emmer renewed his motion that HF1129, as amended, be recommended to pass and be held over for possible inclusion in the Omnibus Data Practices bill. THE MOTION PREVAILED.

Chairman Johnson moved HF1750 (Solberg) Town election voting system exemption provided for ballot question on changing the town election to coincide with the county general election, be recommended to pass and be held over for possible inclusion in the Omnibus Elections bill.

Representative Hilty moved H1750A1 amendment (see attached). THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Representative Solberg presented HF1750.

Testifying in support of HF1750.

Kent Sulem Minnesota Association of Townships
Judy Sadzes National Federation of the Blind


Chairman Johnson renewed his motion that HF1750, as amended, be recommended to pass and be held over for possible inclusion in the Omnibus Elections bill. THE MOTION PREVAILED.

Representative Brod moved to reconsider HF2116. THE MOTION PREVAILED.

Representative Emmer renewed his motion that HF2116, as amended, be passed and re-referred to the Committee on Public Safety without recommendation.

Representative Emmer requested a roll call vote.

Ayes Abstain Absent
Johnson, J.
DeLaForest
Brod
Dean
Ellison
Emmer
Hilty
Lesch
Nelson, P.
Simon Slawik
Westrom

Totals – 7 Ayes 2 abstain 3 absent

HF2116, as amended, was re-referred to the Committee on Public Safety without recommendation. MOTION PREVAILED.

Chairman Johnson moved HF436 (McNamara) Natural Resources Department commissioner, as amended, be passed and placed on the General Register

Chairman Johnson moved amendment HO436A2 (see attached). THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Representative McNamara presented HF436.

Testifying in support of HF436.

Mike Martinez Trails and Waterways, DNR

Chairman Johnson renewed his motion that HF436, as amended, be passed and placed on the General Register. THE MOTION PREVAILED.

The meeting was adjourned at 8:10 PM


________________________
REP. JEFF JOHNSON, CHAIR


_________________________
JOYCE ROGERS
COMMITTEE LEG. ASST.