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Minnesota Legislature
2013-2014 Regular Session

12TH MEETING - Civil Law

March 05, 2013

STATE OF MINNESOTA 12TH MEETING
HOUSE OF REPRESENTATIVES EIGHTY-EIGHTH SESSION

COMMITTEE ON CIVIL LAW
Chair, Representative John Lesch

MINUTES

Representative Lesch, Chair of Committee on Civil Law, called the meeting to order at 8:30 AM, March 5, 2013 in the Basement Hearing Room of the State Office Building.

The Committee Legislative Assistant noted the roll.

Members present:
Lesch, Chair
Allen, Vice Chair
Scott, Lead
Anderson, M.
Hilstrom
Holberg
Hortman
Howe
Johnson, B.
Liebling
Newberger
Paymar
Pugh
Rosenthal
Simon
Winkler
Yarusso

Members excused:

A quorum was present.

Chair Lesch moved February 27, 2013 minutes. The motion prevailed. The minutes were approved.

HF489 (Lenczewski) Income and franchise taxes, property taxes, sales and use taxes, and other taxes and tax provisions technical and clarifying changes made.

Representative Lenczewski presented her bill.

Testifiers:
Susan Vanmos
Lanee Streeka, Department of Revenue

Chair Lesch laid over HF489.

HF490 (Lenczewski) Income and franchise taxes, property taxes, sales and use taxes, and other taxes and tax provision policy changes made.

Representative Lenczewski presented her bill.

Chair Lesch laid over HF490.

HF446 (Hortman) Building and construction contracts and indemnification agreements regulated.

Chair Lesch moved HF446 be recommended to pass and re-referred to the committee on Commerce.

Representative Hortman presented her bill.

Testifier:
Eric Heiberg

Chair Lesch renewed his motion that HF446 be recommended to pass and re-referred to the Committee on Commerce. The motion prevailed.

HF644 (Atkins) Building and construction contracts regulated, and third party insurance agreements prohibited.

Chair Lesch moved HF644 be recommended to pass and re-referred to the Committee on Commerce.

Representative Atkins presented his bill.

Testifiers:
Curtis Smith
Tom Johnson
Tim Power, MNLA Landscape Association
Tim Worke, Associated General Contractors of MN
J. Scott Andresen, Bassford Remele, P.A.
Patrick Hynes, League of MN Cities
Brian Sweeney, BNSF Railway

Chair Lesch renewed his motion that HF644 be recommended to pass and re-referred to the Committee on Commerce. The motion prevailed.

HF737 (Hansen) Clean water fund expenditures authorized, reporting requirements modified, Petroleum Tank Release Cleanup Act modified, obsolete rules repealed, and money appropriated.

Chair Lesch moved HF 737 be recommended to pass and re-referred to the Committee on Government Operations.

Representative Hansen moved to amend HF737 (See attachment A-130139). The motion prevailed. The amendment was adopted.

Representative Hansen moved to orally amend A-130139:
Page 1, line 1.2, strike "but is not limited to" and insert "may include".
The motion prevailed. The oral amendment was adopted.

Representative Scott withdrew her amendment (see attachment H0737A1).

Testifier:
Kirk Koudelka, Minnesota Pollution Control Agency

Chair Lesch recognized that Representative Hilstrom requested to be abstained from HF737.

Chair Lesch renewed his motion that HF737 be recommended to pass, as amended, and re-referred to the Committee on Government Operations. The motion prevailed.

At 9:50 AM, Chair Lesch declared committee in recess until 7 PM.

At 7 PM, Chair Lesch reconvened meeting.

HF605 (Winkler) Children protected from exposure to harmful chemicals in products, criteria amended for identification of priority chemicals, disclosure required by manufacturers of children's products that contain harmful chemicals, Pollution Control Agency authorized to prohibit sales of children's products that contain harmful chemicals, waiver process provided, and fees established.

Chair Lesch moved HF605 be recommended to pass and re-referred to the Committee on Commerce.

Representative Winkler moved to amend HF605 (see attached H0605A2). The motion prevailed. The amendment was adopted.

Representative Winkler presented his bill.

Representative requested for division:
7 Ayes
6 Nays

Chair Lesch renewed his motion that HF605 be recommended to pass, as amended, and be re-referred to the Committee on Commerce. The motion prevailed.

HF826 (Davnie) Safe and supportive schools provided for, rulemaking authorized, and money appropriated.

Chair Lesch moved that HF826 be recommended to pass and re-referred to the Committee on Government Operations.

Representative Davnie moved to amend HF826 (see attached H0826A35). The motion prevailed. The amendment was adopted.

Representative Davnie presented his bill.

Testifier:
Tom Prichard, President of MN Family Council
Mary Kay Litzo

Representative Newberger moved to amend HF826 (see attached H0826A36).

Representative Newberger moved to orally amend amendment H0826A36:
Page 1, like 1.2, strike "15" and insert "17". The motion prevailed.

Representative Newberger moved to amend HF826, as orally amended in H0826A36. The motion did not prevail. The amendment was not adopted.

Representative Newberger moved to amend HF826 (see attached H0826A37).

Representative Scott requested for roll call for amendment H0826A37.

Ayes:
Andersen
Hilstrom
Holberg
Howe
Johnson
Newberger
Scott

Nays:
Lesh
Allen
Hortman
Liebling
Paymar
Rosenthal
Simon
Yaruss

Absent:
Pugh
Winkler

Representative Newberger moved to amend HF826 (see attached H0826A37). The motion did not prevail. The amendment was not adopted.

Representative Johnson withdrew his motion to amend HF826 (see attached H0826A38).

Representative Scott moved to amend HF826 (see attached H0826A39-1).

Representative Scott requested roll call for amendment H0826A39-1:

Ayes:
Andersen
Holberg
Howe
Johnson
Newberger
Scott

Nays:
Lesch
Allen
Hilstrom
Hortman
Liebling
Paymar
Rosenthal
Simon
Yarusso

Representative Scott moved to amend HF826 (see attached H0826A39-1). The motion did not prevail. The amendment was not adopted.

Representative Howe moved to amend HF826 (see attached H0826A40). The motion did not prevail. The amendment was not adopted.

Representative Scott withdrew her motion to amend HF826 (see attached H0826A41).

Representative Scott withdrew her motion to amend HF826 (see attached H0826A42).

Representative Scott withdrew her motion to amend HF826 (see attached H0826A43).

Representative Scott requested roll call for HF826.

Ayes:
Lesch
Allen
Hilstrom
Hortman
Liebling
Paymar
Rosenthal
Simon
Winkler
Yarusso

Nays:
Andersen
Holberg
Howe
Johnson
Newberger
Pugh
Scott

Chair Lesch renewed his motion that HF826 be recommended to pass, as amended, and be re-referred to the Committee on Government Operations. The motion prevailed.

The meeting adjourned at 9:45 PM.

___________________________
Representative John Lesch, Chair



_________________________________________
Jay Xiong, Committee Legislative Assistant
More Info On This Meeting..
Agenda:

THE 24 HOUR RULE HAS BEEN AMENDED FOR TUESDAY, MARCH 5TH. AMENDMENTS FOR HF737 AND HF826 WILL BE ACCEPTED UNTIL 5:15PM ON MONDAY, MARCH 4TH. HF489 (Lenczewski) Income and franchise taxes, property taxes, sales and use taxes, and other taxes and tax provisions technical and clarifying changes made. HF490 (Lenszewski) Income and franchise taxes, property taxes, sales and use taxes, and other taxes and tax provision policy changes made. HF737 (Hansen) Clean water fund expenditures authorized, reporting requirements modified, Petroleum Tank Release Cleanup Act modified, obsolete rules repealed, and money appropriated. ***Pending re-referral. HF644 (Atkins) Building and construction contracts regulated, and third party insurance agreements prohibited. HF446 (Hortman) Building and construction contracts and indemnification agreements regulated. HF605 (Winkler) Children protected from exposure to harmful chemicals in products, criteria amended for identification of priority chemicals, disclosure required by manufacturers of children's products that contain harmful chemicals, Pollution Control Agency authorized to prohibit sales of children's products that contain harmful chemicals, waiver process provided, and fees established. HF826 (Davnie) Safe and supportive schools provided for, rulemaking authorized, and money appropriated. ***Pending re-referral. ***NOTE: The committee will only be discussing the data provisions in HF489, HF490, HF605 and HF826. If you wish to testify, please contact Charlotte Antin at charlotte.antin@house.mn.

Hearing Documents:
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