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Civil Law and Elections

THIRTY-SEVENTH MEETING

2005-2006 Regular Session - March 27, 2006

STATE OF MINNESOTA THIRTY-SEVENTH MEETING
HOUSE OF REPRESENTATIVES EIGHTY-FOURTH SESSION

CIVIL LAW AND ELECTIONS COMMITTEE

MINUTES


Representative Jeff Johnson, Chair of the Civil Law and Elections Committee called the thirty-seventh meeting to order at 12:35 p.m. March 27, 2006 in the Basement Hearing Room, State Office Building, St. Paul, MN.

The Clerk noted the roll.

Members present:

JOHNSON, Jeff, Chair
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 not present at 12:35 p.m.

Representative Davids discussed HF 3049.

Quorum was present at 12:36 p.m.

Chair Johnson moved approval of the minutes of March 23, 2005. THE MOTION PREVAILED.

Chair Johnson moved HF 3049 to pass, and be placed on the General Register.

HF 3049 (Davids) Ambulance purchase and lease regulated and manufacturer's duty to repair, refund, or replace defective ambulances established.

Representative Davids discussed HF 3049.

Chair Johnson renewed his motion that HF 3049 pass, as amended, and be placed on the General Register. THE MOTION PREVAILED.

Representative Nelson, P. moved HF 3488 to pass, and be placed on the General Register.

Representative Nelson, P. discussed HF 3488.

HF 3488 (Nelson, P.) Revisor's bill providing erroneous, ambiguous, and omitted text and obsolete references.

Representative Nelson, P. moved Amendment A06-1266. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Representative Nelson, P. moved to amend his motion, and pass HF 3488, as amended, to be placed on the Consent Calendar. THE MOTION PREVAILED.

Representative Slawik moved HF 2575 to pass, and be placed on the General Register.

HF 2575 (Slawik) Voting rights notice required to certain felons upon termination of probation or supervised release.


Representative Mullery discussed HF 2575.

Testifying before committee on HF 2575:

Scott Simmons, Association of MN Counties;
Beth Fraser, Voting Rights Coalition;

Representative Slawik renewed her motion that HF 2575 pass, and be placed on the General Register. THE MOTION PREVAILED.

Chair Johnson moved HF 3656 pass, and be placed on the General Register. THE MOTION PREVAILED.

HF 3656 (Tingelstad) Railroad right-of-way contracting for use as commuter rail authorized.

Chair Johnson moved Amendment H3656DE1. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Representative Tingelstad discussed HF 3656.

Testifying before committee on HF 3656:

Clifford Green, MN Department of Transportation;
Joel Carlson, MN Trial Lawyers Association;

Chair Johnson moved to renew his motion that HF 3656 pass, as amended, and be placed on the General Register.

Representative DeLa Forest requested a roll call vote on passing HF 3656 to the General Register:

Ayes: Nayes:

Johnson, J. DeLaForest
Brod Emmer
Dean
Ellison
Hilty
Lesch
Nelson
Simon
Slawik
Westrom


Motion Did Not Prevail, 8 Ayes and 3 Nayes. THE MOTION DID NOT PREVAIL.

Chair Johnson moved to amend Amendment 3656DE1 as follows:

Page 1, line 1.9 – delete “essential”

THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Chair Johnson renewed his motion that HF 3656 pass, as amended, and be placed on the General Register. THE MOTION PREVAILED.

Representative Hilty moved HF 3833 to pass and be re-referred to the State Government Finance Committee. THE MOTION PREVAILED.

HF 3833 (Hilty) Post election review process modified.


Representative Hilty discussed HF 3833.

Representative Hilty moved Amendment H3833DE1. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Testifying before committee on HF 3833:

James Hansen, Secretary of State’s Office.

Representative Hilty renewed his motion that HF 3833, as amended, and be re-referred to the State Government Finance Committee. THE MOTION PREVAILED.

Chair Johnson moved HF 3079 for discussion before committee.

HF 3079 (Hilty) Liability on claims brought against a municipality participating in a joint venture or enterprise limited.

Testifying before committee on HF 3079:

Joel Carlson, MN Trial Lawyers Association;
Paula Jossart, Attorney;
Robert Reimer, Injured Person.

Researcher Deb McKnight discussed HF 3079.

Chair Johnson renewed his motion that HF 3079 pass, and be placed on the General Register. THE MOTION PREVAILED.

Chair Johnson moved HF 3171 pass, and be placed on the General Register

Representative Klinzing discussed HF 3171.

HF 3171 (Klinzing) Parents authorized to obtain a clean certified copy of a deceased child's birth record under certain circumstances.

Chair Johnson renewed his motion that HF 3079 pass, and be placed on the General Register. THE MOTION PREVAILED.

Representative Emmer moved to re-consider HF 2575 before committee.

Representative Emmer withdrew his motion to re-consider HF 2575.

Chair Johnson moved HF 3496 to pass and be re-referred to the Local Government Committee.

Representative Hackbarth discussed HF 3496.

HF 3496 (Hackbarth) Noise standards exemptions modified.

Chair Johnson moved Amendment H3496A2. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Testifying before committee on HF 3496:

Gerald Brandenhof, Attorney for Deer Creek Speedway,
Randy Queensland, owner of Deer Creek Speedway;
Debbie Goettlman, Deer Creek Speedway.

Chair Johnson renewed his motion that HF 3496 pass, and be re-referred to the Local Government Committee. THE MOTION PREVAILED.



Chair Johnson moved HF 3716 to pass and be re-referred to the State Government Finance Committee.

Representative Bruce Anderson discussed HF 3716.

HF 3716 (Anderson, B.) Ballot distribution required in conformity with the Uniformed and Overseas Citizens Voter Act, and money appropriated.

Testifying before committee on HF 3716:

James Hansen, Secretary of State’s Office;
Bonita Harvieux, Secretary of State’s Office;
Luci Botzek, Hennepin County;
Rachel Smith, Anoka County Elections.

Chair Johnson renewed his motion that HF 3716 pass, and be re-referred to the State Government Finance. THE MOTION PREVAILED.

Chair Johnson moved HF 3496 before committee for further discussion.

Chair Johnson moved to amend his motion that HF 3496 pass and be placed on the General Register. THE MOTION PREVAILED.

Representative Emmer moved HF 2575 be reconsidered. THE MOTION PREVAILED.

Representative Slawik renewed her motion that HF 2575 pass, and be placed on the General Register. THE MOTION DID NOT PREVAIL.

Chair Johnson moved HF 3848 to pass and be re-referred to the Higher Education Finance Committee.

Representative Marquart discussed HF 3848.

HF 3848 (Marquart) Student use of alcohol or controlled substances disclosure to parents authorized.

Testifying before committee on HF 3848:

Katie Engler, Department of Administration.

Chair Johnson renewed his motion that HF 3848 pass, and be re-referred to the Higher Education Finance Committee. THE MOTION PREVAILED.

Chair Johnson moved HF 3776 pass and be placed on the General Register.

Representative Howes discussed HF 3776.

HF 3776 (Howes) Opium included in the list of controlled substances used during pregnancy for purposes of civil commitment and child maltreatment reporting.

Chair Johnson renewed his motion that HF 3776 pass, and be placed on the General Register. THE MOTION PREVAILED.

Meeting recessed at 2:25 p.m.

Meeting re-convened at 5:13 p.m.

Chair Johnson moved HF 3413 to pass and be re-referred to the Public Safety Finance Committee.

Representative Newman discussed HF 3413.

HF 3413 (Newman) State fire marshal decision to suspend, revoke, or refusal to issue fireworks operator permit appeal process provided.

Chair Johnson renewed his motion that HF 3413 pass, and be re-referred to the Public Safety Finance Committee. THE MOTION PREVAILED.

Chair Johnson moved HF 3447 to pass, and be placed on the General Register.

Representative Peppin discussed HF 3447.

HF 3447 (Peppin) Motor vehicle event data recorders regulated, disclosures required, and data restricted.

Chair Johnson renewed his motion that HF 3447 pass, and be placed on the General Register. THE MOTION PREVAILED.

Representative Dean moved HF 1464 to pass, and be placed on the General Register.

Representative Dean discussed HF 1464.

HF 1464 (Dean) Medical malpractice liability reformed.

Representative Dean moved Amendment A06-1360. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Testifying before committee on HF 1464:

Mark Halberg, MN Trial Lawyers Assocation;
Dave Renner, MN Medical Association.

Representative Dean renewed his motion that HF 1464 pass, and be placed on the General Register. THE MOTION PREVAILED.

Chair Johnson moved HF 2460 to pass, and be placed on the General Register.

Representative Krinkie discussed HF 2460.

HF 2460 (Krinkie) Breach of promise of confidentiality damages provided in cases where news media violates a promise to protect a confidential source.

Vice Chair DeLaForest assumed the gavel at 5:40 p.m.

Testifying before committee on HF 2460:

Dan Cohen, Author.

Representative Krinkie moved to amend HF 2460 as follows:

Page 1, line 19 – delete “2005” and insert “2006”.

THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Additional testifyers on HF 2460:

Mark Anfinson, MN Newspaper Association;
Jim duBois, MN Broadcaster Association;
Terrance Moore, MN Broadcaster Assocation.



Chair Johnson resumed the gavel at 5:50 p.m.

Chair Johnson renewed the motion that HF 2460 pass, as amended, and be placed on the General Register. THE MOTION PREVAILED.

Chair moved HF 3415 to pass, and be re-referred to the Public Safety Committee.

Representative Meslow discussed HF 3415.

HF 3415 (Meslow) Criminal sexual conduct victim notification when prosecutor declines prosecution or dismisses charges required.

Chair Johnson renewed his motion that HF 3415 pass, and be re-referred to the Public Safety Policy and Finance Committee. THE MOTION PREVAILED.

Chair moved HF 3357 to pass, and be re-referred to the Public Safety Policy & Finance Committee.

Chair Johnson renewed his motion that HF 3357 pass, and be re-referred to the Public Safety Policy and Finance Committee. THE MOTION PREVAILED.

Chair Johnson moved HF 3691 to pass, and be placed on the General Register.

Representative Meslow discussed HF 3691.

HF 3691 (Meslow) Notice requirements modified for unlicensed dogs that are seized.

Chair Johnson moved to amend HF 3691 as follows:

Page 1, line 1.18 – delete “shall” and insert “may”.

THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Chair Johnson renewed his motion that HF 3691 pass, as amended, and be placed on the General Register. THE MOTION PREVAILED.

Chair Johson moved HF 587 to pass, and be placed on the General Register.

Representative Buesgens discussed HF 587.

HF 587 (Buesgens) Quarterly Election Day Act of 2005 established, providing for election days for state and local elections other than special elections to fill a vacancy.

Testifying before committee on HF 587:

James Hansen, Secretary of State’s Office;

Chair moved to amend HF 587 as follows:

Page 15, line 5 – delete “2006” and insert “2007”
Page 15, line 7 – delete “2006” and insert “2007”.

THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Additional testifiers on HF 587:

Ann Higgins, League of MN Cities;
Tom Dean, MN School Board Association.

Chair Johnson renewed his motion that HF 587 pass, as amended, and be placed on the General Register. THE MOTION PREVAILED.

Chair Johnson moved HF 2805 to pass, and be placed on the General Register.

Representative Wilkin discussed HF 2805.

HF 2805 (Wilkin) Insurance regulation modernized, mutual holding company laws amended, interstate insurance product regulation compact enacted, and other changes provided.

Chair Johnson moved Amendment A06-1359. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Testifying before committee on HF 2805:

Robyn Riner, Insurance Federation;
Joel Carlson, MN Trial Lawyers Association.

Chair Johnson laid over HF 2805 in committee.

Chair Johnson moved HF 3635 to pass, and be re-referred to the State Government Finance Committee.

Chair Johnson moved Amendment 3635A1. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Representative Brod discussed HF 3635.

HF 3635 (Brod) Campaign Finance and Public Disclosure Board staffing authority modified.

Testifying before committee on HF 3635:

Jeff Sigurdson, Executive Director, Campaign Finance Board.

Chair Johnson renewed his motion that HF 3635 pass, and be re-referred to the State Government Finance Committee. THE MOTION PREVAILED.

Meeting recessed at 7:00 p.m.

Meeting re-convened at 7:35 p.m.

Chair Johnson moved HF 3255 to pass, and be re-referred to the Ways & Means Committee.

Representative Wilkin discussed HF 3255.

HF 3255 (Wilkin) Minnesota Starvation and Dehydration of Persons with Disabilities Prevention Act established.

Chair Johhnson moved Amendment A06-1354. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Chair Johhnson moved Amendment A06-1353. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.


Representative Wilkin moved to amend HF 3255 as follows:


Page 1, line 1.20 – delete “a person” and insert “an individual”
Page 1, line 20 – delete “certified” and insert “credential”
Page 4, line 4.13 – insert after laws, - “and regulations”

THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.


Testifying before committee on HF 3255:

Laura Gese, MN Concerned Citizens for Life;
Jean Swenson, Citizen;
Mark Druffner, M.D.;
Don Bania, Citizen;
Maureen Pranghofer, Citizen;
Janet Conn, Compassion & Choices;
Dave Renner, MN Medical Association.

Chair Johnson renewed his motion that HF 3255 pass, as amended, and be re-referred to the Ways & Means Committee.

Roll call requested by Representative Dean on HF 3255:

Ayes: Nayes:

Johnson, J.
DeLaForest Ellison
Brod Hilty
Dean Lesch
Emmer Simon
Westrom Slawik


There being 6 Ayes and 5 Nayes. THE MOTION PREVAILED.

Chair Johnson moved HF 2890 to pass, and be re-referred to the State Government Finance Committee.

Representative Sykora discussed HF 2890.

HF 2890 (Sykora) Staggered terms of office for senators and staggered four-year terms of office for representatives provided, and constitutional amendment proposed.

Chair Johnson renewed his motion that HF 2890 pass, and be re-referred to the State Government Finance Committee. THE MOTION PREVAILED.

Chair Johnson moved HF 3079 to pass, and be placed on the General Register.

Representative Abrams discussed HF 3079.

HF 3079 (Abrams) Liability on claims brought against a municipality participating in a joint venture or enterprise limited.

Testifying before committee on HF 3079:

Tom Grundhoefer, League of MN Cities;
Kent Sulem, MN Association of Townships;
Tom Dean, MN School Board Association;
Scott Simmens, Association of MN Counties;
Professor Wil Fleugel, MN Trial Lawyers Association.




Chair Johnson renewed his motion that HF 3079 pass, and be placed on the General Register. THE MOTION PREVAILED.

Division was requested on passing HF 3079:

There being 6 ayes, and 5 nayes.

THE MOTION PREVAILED.

Chair Johnson moved HF 3136 to pass, and be re-referred to the Higher Education Finance Committee.

Representative Abrams discussed HF 3136.

HF 3136 (Abrams) University of Minnesota and Minnesota State Colleges and Universities president search and selection process modified.

Chair Johnson moved Amendment H3136A1. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Testifying before committee on HF 3136:

Frank Berman, Citizen;
Mark Anfinson, MN Newspaper Association.

Chair Johnson renewed his motion that HF 3136 pass, as amended, and be re-referred to the Higher Education Finance Committee. THE MOTION PREVAILED.

Chair Johnson moved HF 2608 to pass, and be re-referred to the State Government Finance Committee.

Research Staff Deb McKnight discussed HF 2608.

HF 2608 (Heidgerken) Voting systems for individuals with disabilities requirements modified.

Testifying before committee on HF 2608:

Kent Sulem, MN Association of Townships.
Beth Fraser, Voting Rights Coalition.

Chair moved that HF 2608 pass without recommendation, and be re-referred to the State Government Finance Committee. THE MOTION PREVAILED.

Chair Johnson moved HF 2805 off the table for further discussion.

Representative Wilkin discussed HF 2805.

HF 2805 (Wilkin) Insurance regulation modernized, mutual holding company laws amended, interstate insurance product regulation compact enacted, and other changes provided.

Chair Johnson moved HF 2805 to pass, and be placed on the General Register.

Division was requested on passing HF 2805:

There being 6 ayes, and 5 nayes.

THE MOTION PREVAILED.



Chair Johnson moved HF 3707 to pass, and be placed on the General Register.

Representative Emmer discussed HF 3707.

HF 3707 (Emmer) Election judge certification by municipalities authorized.

Testifying before committee on HF 3707:

Jim Hansen, Secretary of State’s Office.
Tom Ferber, MN Clerks & Finance Officers Association.
Kent Sulem, Secretary of State’s Office.

Representative Hilty moved to amend HF 3703 as follows:

Page 1, line 1.22 – delete “under penalty of perjury through”
Page 1, line 1.23 – delete entire line;
Page 1, line 1.24 – delete “municipal clerk has access.”

THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Chair Johnson moved HF 3703 to pass, as amended, and be placed on the General Register. THE MOTION PREVAILED.

Representative Emmer moved HF 3715 to pass, and be placed on the General Register.

Representative Emmer discussed HF 3715.

HF 3715 (Emmer) Absentee ballots received after the close of the polls on election day classified as inactive voters.

Testifying before committee on HF 3715:

James Hansen, Secretary of State’s Office.
Beth Fraser, Voting Rights Coalition.

Representative Emmer renewed his motion that HF 3715 pass, and be placed on the General Register. THE MOTION PREVAILED.

Representative Emmer moved HF 3865 to pass, and be placed on the General Register

Representative Emmer discussed HF 3865.

HF 3865 (Emmer) Primary and general elections for the same office required to be held at same polling place.

Testifying before committee on HF 3865:

Rachel Becker, Secretary of State’s Office;
James Hansen, Secretary of State’s Office.

Representative Emmer renewed his motion that HF 3865 pass, and be placed on the General Register. THE MOTION PREVAILED.

Representative Emmer moved HF 1596 to pass, and be placed on the General Register

Representative Emmer discussed HF 1596.

HF 1596 (Emmer) Polling place regulations modified.

Testifying before committee on HF 1596:

James Hansen, Secretary of State’s Office.

Representative Emmer moved to amend HF 1596 as follows:

Page 1, line 16 – delete “500” and insert “100”
Page 1, line 18 – delete “or”
Page 1, line 19 – delete entire line
Page 1, line 20 – delete “a polling place”

THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Representative Emmer renewed his motion that HF 1596 pass, as amended, and be placed on the General Register. THE MOTION PREVAILED.

Representative Emmer moved HF 3948 to pass, and be placed on the General Register

Representative Emmer discussed HF 3948.

HF 3948 (Emmer) Municipality exemption for county plan submission provided, tribal identification requirements implemented, and voter oath established.

Testifying before committee on HF 3948:

James Hansen, Secretary of State’s Office;
Beth Fraser, Voting Rights Coalition;
Bert Black, Secretary of State’s Office.

Representative Emmer renewed his motion that HF 3948 pass, as amended, and be placed on the General Register. THE MOTION PREVAILED.

Representative Emmer moved to take HF 3385 off of the table, to pass and be placed on the General Register.

Representative Emmer discussed HF 3385.

HF 3385 (Emmer) Help America Vote Act rule adoption made permanent.

Testifying before committee on HF 3385:

Alberto Quintela, Secretary of State’s Office;
Luci Botzek, MACO;
Rachel Smith, Anoka County Elections;
Beth Fraser, Voting Rights Coalition.

Representative Emmer renewed his motion that HF 3385 pass, and be placed on the General Register. THE MOTION PREVAILED.

The meeting was adjourned at 11:00 p.m.


REP. JEFF JOHNSON CHAIR


Rebecca Lowden
Committee Legislative Assistant