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Public Safety and Civil Justice

THIRTY-THIRD MEETING

2007-2008 Regular Session - March 03, 2008

STATE OF MINNESOTA THIRTY-THIRD MEETING
HOUSE OF REPRESENTATIVES EIGHTY-FIFTH SESSION

PUBLIC SAFETY AND CIVIL JUSTICE POLICY COMMITTEE


MINUTES


Representative Mullery, Chair, called the meeting to order at 6:40 P.M. on Monday, March 3, 2008, at Folwell Park Community Center, 1615 Dowling Ave N, Minneapolis.

The Committee Legislative Assistant noted the roll.

PRESENT EXCUSED
Mullery (Chair) Cornish
Kalin (Vice Chair) DeLaforest
Bigham Kranz
Emmer Olin
Hilstrom Smith
Holberg Westrom
Johnson
Kohls
Lesch
Lillie
Paymar
Sailer
Simon


A quorum was present.


Representative Lillie moved approval of the Minutes for February 28, 2008. THE MOTION PREVAILED AND THE MINUTES WERE APPROVED.

Public testimony was taken on the problems people have experienced on mortgage foreclosures and predatory lending in North Minneapolis. The following people testified:

Jeff Strand, 5100 Thomas Ave N, Minneapolis
Patricia Toussaint, 2015 Russell Ave N, Minneapolis
Robert Johnson, 3435 James Ave N; initiated Northside Homeowners Association
Mr. Tracy White, 1312 Upton Ave N, Minneapolis
Kionne Robinson, Brooklyn Center

HF 3428 (Gunther): A bill for an act relating to landlord and tenant; modifying the right of tenant to pay utility bills; amending Minnesota Statutes 2006, section 504B.215, subdivision 3.

Representative Hilstrom moved HF 3428 before the committee.

Representative Gunther presented his bill.

Testifying for the bill:
Ron Elwood, Legal Aid

Representative Hilstrom moved that HF 3428 be recommended to pass, and when so passed, be re-referred to the Committee on Local Government and Metropolitan Affairs. THE MOTION PREVAILED.

HF 3474 (Hilstrom): A bill for an act relating to mortgages; redemption period; providing for notice of sale; amending Minnesota Statutes 2006, section 582.032, subdivision 2.

Representative Hilstrom moved adoption of the DE1 amendment. THE MOTION PREVAILED.

Representative Hilstrom presented her bill.

Public Safety and Civil Justice Policy Committee
Minutes for Monday, March 3, 2008
Page 2



Testifying for the bill:
ÿ Ron Elwood, Legal Aid
ÿ Kevin Dunleavy, Real Property Section, Minnesota State Bar Association

Representative Hilstrom moved that HF 3474, as amended, be recommended to pass, and when so passed, be re-referred to the Committee on Commerce and Labor. THE MOTION PREVAILED.

HF 3478 (Peterson, N.): A bill for an act relating to judicial process; modifying certain civil and criminal penalties; amending Minnesota Statutes 2006, section 363A.29, subdivision 4; Minnesota Statutes 2007 Supplement, section 609.822, subdivision 3.

Representative Kohls moved HF 3478 before the committee.

Representative Kohls moved adoption of the A1 amendment. THE MOTION PREVAILED.

Representative Peterson presented his bill.

Testifying for the bill:
Ron Elwood, Legal Aid
James Wilkinson, Legal Aid Society, Minneapolis
Keith Carlson, Executive Director, Minnesota Inter-County Association

Representative Kohls moved to orally amend HF 3478, as amended by the A1 amendment, as follows:

Page 1, line 22, strike "$8,500" and insert "$25,000"

THE MOTION PREVAILED.

Representative Kohls moved that HF 3478, as amended, be recommended to pass, and when so passed, be placed on the General Register. THE MOTION PREVAILED.

Chair Mullery laid HF 3480 on the table.

HF 3476 (Kohls): A bill for an act relating to landlord and tenant; providing for certain notices relating to foreclosure; amending Minnesota Statutes 2006, sections 504B.151; 504B.178, subdivision 8; 504b.285, subdivision 1.

Representative Kohls moved adoption of the A1 amendment. THE MOTION PREVAILED.

Representative Kohls moved adoption of the A2 amendment. THE MOTION PREVAILED.

Representative Kohls presented his bill.

Representative Kohls moved that HF 3476, as amended, be recommended to pass, and when so passed, be re-referred to the Committee on Commerce and Labor. THE MOTION PREVAILED.

HF 3477 (Gardner): A bill for an act relating to manufactured housing; providing for regulation of lending practices and default; providing notices and remedies; amending Minnesota Statutes 2006, section 327.64; 327.65; 327.66; 327B.01, by adding subdivisions; 372B.08, by adding a subdivision; 327B.09, by adding a subdivision; 327B.12; proposing coding for new law in Minnesota Statutes, chapter 325B.

Representative Lillie moved HF 3477 before the committee.


Public Safety and Civil Justice Policy Committee
Minutes for Monday, March 3, 2008
Page 3


Representative Gardner presented his bill.

Testifying for the bill:
ÿ Ron Elwood, Legal Aid
ÿ Mark Brunner, Manufactured Housing Association

Representative Lillie moved that HF 3477 be recommended to pass without recommendation, and be re-referred to the Committee on Commerce and Labor. THE MOTION PREVAILED.

HF 3517 (Davnie): A bill for an act relating to landlord and tenant; modifying expungement and withholding of rent under certain circumstances; amending Minnesota Statutes 2006, sections 484.014, by adding a subdivision; 504B.178, subdivision 8.

Representative Sailer moved HF 3517 before the committee.

Representative Sailer moved that HF 3517 be recommended to pass, and when so passed, be re-referred to the Committee on Commerce and Labor.

Representative Davnie presented his bill.

Testifying for the bill:
Ron Elwood, Legal Aid

Representative Sailer amended her previous motion that HF 3517 be recommended to pass, and when so passed, be placed on the General Register. THE MOTION PREVAILED.

HF 3516 (Davnie): A bill for an act relating to data practices; providing for certain data practices relating to foreclosure; requiring a report; amending Minnesota Statutes 2006, section 58.02, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 580.

Representative Paymar moved HF 3516 before the committee.

Representative Paymar moved adoption of the A1 amendment. THE MOTION PREVAILED.

Representative Davnie presented his bill.

Testifying for the bill:
Jeff Crump, University of Minnesota

Representative Paymar moved that HF 3516, as amended, be recommended to pass, and when so passed, be re-referred to the Committee on Commerce and Labor. THE MOTION PREVAILED.

Representative Kalin assumed the chair at 8:20 p.m.

HF 3475 (Mullery): A bill for an act relating to mortgages; amending provisions relating to foreclosure; amending Minnesota Statutes 2006, sections 580.02; 580.041, subdivision 2; 580.06, 580.07; 580.12; 580.23, subdivision 1; 580.25; 580.28; 580.30; 581.10; 582.03; 582.031; 582.032, subdivision 2; Minnesota Statutes 2007 Supplement, sections 510.05; 550.19; 550.22; 550.24; 580.24; Laws 2004, chapter 263, section 26; proposing coding for new law in Minnesota Statutes, chapter 580.

Representative Mullery moved adoption of the DE1 amendment. THE MOTION PREVAILED.

Representative Mullery presented his bill.


Public Safety and Civil Justice Policy Committee
Minutes for Monday, March 3, 2008
Page 4


Representative Mullery moved that HF 3475, as amended, be recommended to pass, and when so passed, be re-referred to the Committee on Commerce and Labor. THE MOTION PREVAILED.

Representative Mullery resumed the chair at 8:25 p.m.

Chair Mullery allowed additional testimony regarding the mortgage foreclosure and predatory lending crisis. The following people testified:

Sherrie Pugh Sullivan, Northside Redevelopment Council
Catherine Dorr, Licensed Abstractor


The meeting adjourned at 8:40 P.M.

__________________________________________
Representative Joe Mullery, Chair


__________________________________________
Vickie Benson, Committee Legislative Assistant
More Info On This Meeting..

HF3428 (Gunther) Modifying right of tenant to pay utility bills;
HF3474 (Hilstrom) Relating to mortgages; redemption period; providing for notice of sale;
HF3475 (Mullery) Amending provisions relating to foreclosure;
HF3476 (Kohls) Providing for certain notices relating to foreclosure;
HF3477 (Gardner) Relating to manufactured housing; providing for regulation of lending practices and default; providing notices and remedies;
HF3478 (Peterson, N.) Modifying certain civil and criminal penalties;
HF3480 (Mullery) Relating to human rights; modifying filing of claim provision;
HF3516 (Davnie) Providing for certain data practices relating to foreclosure; requiring a report;
HF3517 (Davnie) Modifying expungement and withholding of rent under certain circumstances.

HF3479 (Clark) has been removed from the agenda.