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Minnesota Legislature
2013-2014 Regular Session

16TH MEETING - Civil Law

March 15, 2013

STATE OF MINNESOTA 16TH 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 Noon, Friday, March 15, 2013 in Room 10 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
Paymar
Pugh
Rosenthal
Simon
Winkler
Yarusso

Members excused:
Newberger

A quorum was present

HF1470 (Moran) Public authority allowed to discontinue child support services.

Chair Lesch moved HF1470 be recommended to pass and be sent to the General Register.

Representative Moran presented HF1470.

Proponent testifying for HF1470: Mark Ponsolle, Ramsey County Attorney's Office

Chair Lesch renewed his motion to move HF1470 be recommended to pass and be sent to the General Register. THE MOTION PREVAILED.

HF792 (Holberg) Negligent conduct liability waivers prohibited.

Representative Holberg moved HF792 be recommended to pass and be sent to the General Register.

Representative Holberg presented HF792.

Proponent testifying on HF 792: Wil Fluegel, Attorney, Minneapolis, MN

Opponent testifying on HF792: Erik Lindseth, General Counsel, Life Time Fitness; Patrick Hynes, Lobbyist, League of MN Cities; David Dominick, YMCA; Dan McElroy, MRCA

Representative Holberg renewed her motion HF792 be recommended to pass and be sent to the General Register. THE MOTION PREVAILED.

HF695 (Simon) Library-maintained private data classification extended to a vendor providing electronic data services under contract with a library.

Representative Simon moved HF695 be recommended to pass and be sent to the General Register.

Representative Simon moved to amend HF695 (see attached H0695A12 (Simon)). THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Representative Simon moved to amend HF695 (see attached H0695A13 (Schoen)). THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Representative Simon moved to amend HF695 (see attached H0695A14 (Lesch)). CHAIR LESCH WITHDREW H0695A14.

Proponents testifying on H0695A14: Paul Schnell, Hastings Police Department; Mike Goldstein, Chief of Police, MN Chiefs of Police Association

Opponents testifying on H0695A14: Don Genbirling, MN Coalition; Rich Newmeister, St. Paul, MN

Representative Simon moved to amend HF695 (see attached H0695A15 (Schoen)). THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Representative Simon moved to amend HF695 (see attached H0695A16 (Hortman)). THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Proponent testifying on H0695A16: Tom Randall, Met Council

Representative Simon renewed his motion HF695 be recommended to pass, as amended, and be sent to the General Register. THE MOTION PREVAILED.

HF865 (Sundin) Product stewardship programs provided for

Chair Lesch moved HF865 be recommended to pass and be re-referred to the Committee on Judiciary Finance and Policy.

Chair Lesch moved to amend HF865 (see attached H0865A6). THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Chair Lesch moved to amend HF865 (see attached H0865A7). THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Proponents testifying on HF865: Garth Hickle, MPCA; Victoria Reinhardt, Chair, Solid Waste Management Coordinating Board; Troy Freihammer, Stearns County Solid Waste Administrator



Representative Scott requested for roll call on HF865 as follows:
Ayes:
Chair Lesch
Vice-Chair Allen
Representative Hortman
Representative Liebling
Representative Paymar
Representative Simon
Representative Winkler
Representative Yarusso
Nays:
Representative Holberg
Representative Howe
Representative Johnson
Representative Pugh
Representative Scott
Absent:
Representative Anderson
Representative Hilstrom
Representative Newberger
Representative Rosenthal

Chair Lesch renewed his motion HF865 be recommended to pass, as amended, and be re-referred to the Committee on Judiciary Finance and Policy. THE MOTION PREVAILED.

HF972 (Yarusso) Revisor's bill; erroneous, ambiguous, and omitted text and obsolete references corrected; redundant, conflicting, and superseded provisions removed; and miscellaneous corrections made to laws, statutes, and rules.

Representative Yarusso moved HF972 be recommended to pass and be sent to the General Register.

Representative Yarusso moved to amend HF972 (see attached A13-0143
Proponent testifying on HF972: Michele Timmons, Revisor's Office

Representative Yarusso renewed her motion HF972 be recommended to pass, as amended, and be sent to the General Register. THE MOTION PREVAILED.

HF300 (Clark) Notice to quit or pay prior to filing an eviction action created.

Chair Lesch moved HF300 be recommended to pass and be sent to the General Register.

Representative Clark presented HF300.

Proponent testifying on HF300: Paul Birnberg, HOME Line's Senior Housing Attorney

Opponents testifying on HF300: Todd Liljenquist, MN Multi Housing Association; Lisa Marvin, Essence Properties; Cecil Smith, Cornerstone Property Professionals



Representative Scott requested for Roll Call on HF300 as follows:
Ayes:
Chair Lesch
Vice Chair Allen
Representative Hortman
Representative Liebling
Representative Paymar
Representative Simon
Representative Winkler
Representative Yarusso
Nays:
Representative Holberg
Representative Howe
Representative Johnson
Representative Pugh
Representative Rosenthal
Representative Scott
Absent:
Representative Anderson
Representative Hilstrom
Representative Newberger

Chair Lesch renewed his motion HF300 be recommended to pass and be sent to the General Register. THE MOTION PREVAILED.

HF1181 (Dorholt) Public accommodations for blind and disabled persons ensured.
Chair Lesch moved HF1181 be recommended to pass, as amended, and be sent to the General Register.

Chair Lesch moved an oral amendment to HF1181 as follows:
Page 1, line 10 after "animal" insert ", as defined by the American Disabilities Act, title III 28 CFR Part 35, Sec. 36.104,"
Page 1, line 13, before "animal" insert "service"
Page 1, line 15, before "animal" insert "service"
THE MOTION PREVAILED. THE ORAL AMENDMENT WAS ADOPTED.

Representative Dorholt presented HF1181.

Proponents testifying on HF1181: Chris Bell, American Council of the Blind; Margot Imdieke Cross, MN State Council on Disability; Kevin Lindsey, Commissioner, MDHR

Chair Lesch renewed his motion HF1181 be recommended to pass as amended and be sent to the General Register. THE MOTION PREVAILED.

HF662 (Laine) Health professional education loan forgiveness program provision modified, radon education disclosure required for residential real property, provisions changed for tuberculosis standards, adverse health events reporting requirements changed, poison control program modified, liability coverage provided for volunteer medical personnel and agreements to conduct criminal background studies permitted, occupational therapy practitioners defined, and prescribing authority amended for legend drugs.

Chair Lesch moved HF662 be recommended to pass and be re-referred to the Committee on Commerce.
Chair Lesch moved to amend HF662 (see attached
A13-0275). THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Chair Lesch moved to amend HF662 (see attached A13-0229). THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Proponents testifying on HF662: Daniel Tranter, Supervisor, Indoor Air, MDH; Aggie Leitheser, Assistant Commissioner, MDH

Testifier on HF662: Paul Eger, MN Association of Realtors.

Chair Lesch renewed his motion HF662 be recommended to pass, as amended, and be re-referred to the Committee on Commerce. THE MOTION PREVAILED.

HF975 (Benson) Fair hearing and internal audit provisions modified, Cultural and Ethnic Leadership Communities Council created, obsolete language removed, and technical changes made.

Chair Lesch moved HF975 be recommended to pass and be sent to the Committee on Judiciary Finance and Policy

Chair Lesch moved to amend HF975 (see attached H0975A1). THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Representative Benson presented HF975.

Proponent testifying on HF975: Joe Rubenstein, Human Services Judge, DHS

Chair Lesch renewed his motion HF975 be recommended to pass, as amended, and be sent to the Committee on Judiciary Finance and Policy. THE MOTION PREVAILED.

HF1117 (Huntley) Chemical and mental health and human service licensing provisions modified, methadone treatment program standards established, and drug treatment provisions modified.

Chair Lesch moved HF1117 be recommended to pass and be sent to the General Register.

Representative Huntley presented HF1117.

Chair Lesch moved to amend HF1117 (see attached H1117A2). THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Proponent testifying on HF1117: Jerry Kerber, Inspector General, DHS

Chair Lesch renewed his motion HF1117 be recommended to pass, as amended, and be sent to the General Register. THE MOTION PREVAILED.

HF1240 (Abeler) Licensing data, human services licensing, child care programs, financial fraud and abuse investigations, vendors of chemical dependency treatment services, background studies, and fair hearings provisions modified; and NETStudy use required for background studies.

Chair Lesch moved HF1240 be recommended to pass and be re-referred to the Committee on Health and Human Services Finance.

Representative Joann Ward presented HF1240.

Chair Lesch moved to amend HF1240 (see attached H1240A1, H1240A2, and A13-0218). THE MOTION PREVAILED. THE AMENDMENTS WERE ADOPTED.

Proponent testifying on HF1240: Laura Plummer Zrust, Director of Licensing Division, DHS

Chair Lesch renewed his motion to move HF1240 be recommended to pass, as amended, and be re-referred to the Committee on Health and Human Services Finance. THE MOTION PREVAILED.

HF748 (Simon) Prompt payment of wages requirements and penalties modified.

Representative Simon moved HF748 be recommended to pass and be sent to the General Register.

Representative moved to amend HF748 (see attached
Chair Lesch renewed his motion to move HF536 be recommended to pass, as amended, and be re-referred to the Committee on Rules. THE MOTION PREVAILED.

HF1442 (Hansen) Aquatic invasive species decal requirements and fees established, civil penalties established, and aquatic invasive species trailer decal requirements eliminated.

Chair Lesch moved HF1442 be recommended to pass and be re-referred to the Committee on Environment Policy.

Chair Lesch moved to amend HF1442 (see attached
H1442A1). THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Representative Hansen presented HF 1442.

Proponent testifying on HF 1142: Henry Edman, MN Lakes & Rivers Advocates

Chair Lesch renewed his motion to move HF1442 to be recommended to pass, as amended, and be re-referred to the Committee on Environment. THE MOTION PREVAILED.

HF1451 (Winkler) I-35W bridge remnant steel disposition provided for.

Representative Winkler moved that HF1451 recommended to pass and be sent to the General Register.

Representative Winkler presented HF1451.

Representative renewed his motion to move HF 1451 be recommended to pass and be sent to the General Register. THE MOTION PREVAILED.

Chair Lesch moved the March 12th and 13th, 2013 minutes. THE MOTION PREVAILED THE MINUTES WERE APPROVED.

The meeting was adjourned at 4:30 PM.




___________________________
Representative John Lesch, Chair



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

***NOTE:*** The 24-hour rule has been amended for this meeting. Amendments will be accepted until 8 p.m. on March 14. If you wish to testify, please contact the committee administrator at charlotte.antin@house.mn.

Bills Added:
  • HF792 (Holberg) - Negligent conduct liability waivers prohibited.
  • HF695 (Simon) - Omnibus data practices bill.
  • HF972 (Yarusso) - Revisor's bill; erroneous, ambiguous, and omitted text and obsolete references corrected; redundant, conflicting, and superseded provisions removed; and miscellaneous corrections made to laws, statutes, and rules.
  • HF1117 (Huntley) - Chemical and mental health and human service licensing provisions modified, methadone treatment program standards established, drug treatment provisions modified, and Schedule I controlled substances added to list.
  • HF565 (Abeler) - Lease terminated upon death of unmarried tenant living alone.
  • HF1240 (Abeler) - Licensing data, human services licensing, child care programs, financial fraud and abuse investigations, vendors of chemical dependency treatment services, background studies, and fair hearing provisions modified; and NETStudy use required for background studies.
  • HF1181 (Dorholt) - Public accommodations for blind and disabled persons ensured.
  • HF1470 (Moran) - Public authority allowed to discontinue child support services.
  • HF662 (Laine) - Omnibus health policy bill, and Minnesota Radon Awareness Act.
  • HF865 (Sundin) - Product stewardship programs provided.
  • HF536 (Davnie) - Residential property contracts for deed notice established, and remedies provided.
  • HF829 (Allen) - Landlord violation civil penalty imposed; tenant hold over provisions amended; time appeal and notice of hearing modified; and technical, clarifying, and conforming changes made.
  • HF748 (Simon) - Prompt wage payment requirements and penalties modified.
  • HF1451 (Winkler) - I-35W bridge remnant steel disposition provided.
  • HF300 (Clark) - Notice to quit or pay prior to filing an eviction action created.
  • HF1442 (Hansen) - Aquatic invasive species decal requirements and fees established, trailer decal requirements eliminated, report required, funding provided, and money appropriated.
  • HF975 (Benson) - Human services fair hearing and internal audit provisions modified, Cultural and Ethnic Leadership Communities Council created, obsolete language removed, and technical changes made.
Hearing Documents:
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