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Minnesota Legislature
2013-2014 Regular Session

18TH MEETING - Civil Law

March 20, 2013

STATE OF MINNESOTA 18TH 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 8:15 AM, Wednesday, March 20, 2013 in Room 200 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 minutes from March 20, 2013. THE MOTION PREVAILED. THE MINUTES WERWE APPROVED.

HF1112 (Winkler) Secretary of state duties and responsibilities modified.

Representative Winkler moved HF1112 be recommended to pass and sent to the General Register.

Representative Winkler presented HF1112.

Representative Winkler renewed the motion to move HF1112 be recommended to pass and sent to the General Register. THE MOTION PREVAILED.

HF283 (Winkler) Evidence arising from collaborative law process availability limited.

Representative Winkler moved HF283 be recommended to pass and sent to the General Register.

Representative Winkler moved to amend HF283 (see attached A13-0277). THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Representative Winkler presented HF283.

Representative Winkler renewed the motion to move HF283 be recommended to pass, as amended, and sent to the General Register. THE MOTION PREVAILED.

HF1058 (Winkler) Early learning scholarship program established, access to quality early learning and care expanded, and money appropriated.

Representative Winkler presented HF1058.

Representative Winkler renewed the motion to move HF1058 be recommended to pass and sent to the Committee on Education Finance. THE MOTION PREVAILED.

HF183 (Holberg) Public employee data unauthorized access penalties and procedures enhanced.

Representative Holberg moved to amend HF183 (see attached H0183DE1
Representative Winkler moved to amend HF183 (see attached
H0183A2). THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Representative Holberg presented HF183.

Testifier on HF183: Elaith Carhar, MICA, AMC, LMC; Beth Fraser, SOS

Opponent testifying on HF183: Dave Peccha, MCPA

Representative Holberg renewed the motion to move HF183 be recommended to pass, as amended, and sent to the General Register. THE MOTION PREVAILED.

HF474 (Holberg) Automated license plate reader data classified, log of use required, and data required to be destroyed.

Representative Holberg moved to amend HF474 (see attached H0474A2). THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Representative Holberg moved HF474 be recommended to pass and sent to the General Register.

Representative Holberg presented HF 474.

At 9:45 AM, Chair Lesch recessed the hearing.

At 6:06 PM, Chair Lesch reconvened the hearing.

Chair Lesch moved to amend HF474 (see attached H0474A3). THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Testifiers on HF474: Don Genberlig and Rich Neumeister

Proponent testifying on HF474: Beth Fraser, SOS

Opponent testifying on HF474: Dave Pechha, MCPA; Inspector Rob Allen, Ramsey County Sheriff's Office; Ken Reed, St. Paul Police Department

Representative Holberg renewed the motion to move HF474, as amended, be recommended to pass and sent to the General Register. THE MOTION PREVAILED.

HF647 (Atkins) Insurance frauds division renamed, subpoenas issued by the commissioner regulated, continuing education requirements modified, actuarial opinions of reserves and supporting documentation or property and casualty company annual statements required and regulated, stop loss coverage regulated, risk-based capital requirements modified, real estate appraiser licenses regulated, Public Utilities Commission service requests modified, and unnecessary laws repealed.

Chair Lesch moved HF647 be recommended to pass and sent to the General Register.

Chair Lesch moved to amend HF674 (see attached A13-0313). THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Representative Atkins presented HF647.

Chair Lesch moved to amend HF674 (see attached H0647A2Page 1, line 1.3, delete "in any calendar year" and insert "per course offering". THE MOTIONS PREVAILED. THE AMENDMENT WAS ADOPTED.

Chair Lesch renewed the motion to move HF647 be recommended to pas, as amended, and sent to the General Register. THE MOTION PREVAILED.

HF131 (Slocum) Estate sale conductors required to post a bond to protect owners of property to be sold.

Chair Lesch moved HF131 be recommended to pass and sent to the General Register.

Representative Atkins presented HF131.

Chair Lesch renewed the motion to move HF131 be recommended to pass and sent to the General Register. THE MOTION PREVAILED.

HF739 (Moran) Children and family service provisions modified; data practice provisions changed; and contractual agreement provisions changed with tribes, child care programs, community action agencies, the Minnesota family investment program, general assistance, group residential housing, and maltreatment reporting.

Chair Lesch moved to amend HF739 (see attached
H0739A3). THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Representative Holberg withdrew her motion to amend HF739 (see attached H0739A4).

Representative Moran presented HF739.

Proponents testifying on HF739: Larry Hosch, MDHS and Christeen Borsheim

Opponent testifying on HF739: John Tuma, MACHE

Chair Lesch renewed the motion to move HF739 be recommended to pass, as amended, and sent to the General Register. THE MOTION PREVAILED.

HF580 (Simon) Data protection regulated for victims of violence.

Representative Simon moved HF580 be recommended to pass and be sent to the General Register.

Representative Simon presented HF580.

Representative Simon moved to amend HF580 (see attached H0580A1
Proponent testifying on HF580: Beth Fraser, SOS

Representative Simon renewed the motion to move HF580 be recommended to pass, as amended, and sent to the General Register. THE MOTION PREVAILED.

HF1002 (Schoen) Criminal background check process and established for individuals licensed by the health-related licensing boards and commissioner of health, and money appropriated.

Chair Lesch moved to amend HF1002 (see attached
H1002DE1). THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Representative Schoen presented HF1002.

Proponents testifying on HF1002: Marshal Shreg, MN Dental Association, Angelina Barnes, MN Board of Psychology.

Chair Lesch renewed the motion to move HF1002 be recommended to pass, as amended, and sent to the General Register. THE MOTION PREVAILED.

HF1377 (Hortman) Mortgage lenders and servicers loss mitigation required.

Representative Hortman moved HF1377 be recommended to pass and sent to the General Register.

Representative Hortman presented HF1377.

Proponent testifying on HF1377: Ron Elwood, Legal Aid

Representative Hortman renewed the motion to move HF1377 be recommended to pass and sent to the General Register. THE MOTION PREVAILED.

HF276 (Dehn) Resolution; requesting Congress propose a constitutional amendment and, if Congress does not propose an amendment, applying to Congress to call a constitutional convention to propose an amendment clarifying that the rights protected under the Constitution are the rights of natural persons and not the rights of artificial entities and that spending money to influence elections is not speech under the First Amendment.

Chair Lesch moved HF276 be recommended to pass and sent to the General Register.

Representative Dehn presented HF276.

Proponent testifying on HF276: Robin Monahan, Shoreview, MN

Chair Lesch laid over HF276.

The meeting was adjourned at 8:16 PM.




___________________________
Representative John Lesch, Chair



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

***Note:*** HF 1002, HF1377 and HF276 are pending re-referral and will be taken up when the committee reconvenes at 6 p.m. Amendments for these bills will be accepted until 2 p.m. March 20. If you wish to testify, please contact the committee administrator at charlotte.antin@house.mn.

Bills Added:
  • HF1112 (Winkler) - Secretary of state duties and responsibilities modified, and standard of conduct provided for directors of cooperatives.
  • HF131 (Slocum) - Estate sale conductors required to post a bond to protect owners of property to be sold.
  • HF739 (Moran) - Children and family service provisions modified; data practice provisions changed; and contractual agreement provisions changed with tribes, child care programs, community action agencies, the Minnesota Family Investment Program (MFIP), general assistance, group residential housing, and maltreatment reporting.
  • HF183 (Holberg) - Data practices; penalties and procedures related to unauthorized access to data by a public employee enhanced, and data submission by law enforcement agencies to Comprehensive Incident Based Reporting System (CIBRS) provided to be public.
  • HF474 (Holberg) - Automated license plate reader data classified, log of use required, and data required to be destroyed.
  • HF1058 (Winkler) - Early learning scholarship program established, access to quality early learning and care expanded, funding provided, and money appropriated.
  • HF647 (Atkins) - Division of insurance fraud renamed; subpoenas, coverages, and real estate appraiser licenses regulated; continuing education and risk-based capital requirements, workers' compensation self-insurance plan funding, services requests, and petroleum product specifications modified; actuarial opinions required and regulated; exclusions prohibited; no-fault benefits and coverages, arbitration, and health claims appeals modified; and unnecessary laws repealed.
  • HF283 (Winkler) - Collaborative law process evidence availability limited.
  • HF1002 (Schoen) - Criminal background check process established for individuals licensed by the health-related licensing boards and commissioner of health, funding provided, and money appropriated.
  • HF1377 (Hortman) - Mortgage lender and servicer loss mitigation required, and mortgage foreclosure dual tracking prohibited.
  • HF276 (Dehn) - Constitutional amendments; a resolution requesting Congress to propose a constitutional amendment and if not, applying to Congress to call a constitutional convention to propose an amendment clarifying that the rights protected under the Constitution are the rights of natural persons and not artificial entities, and that spending money to influence elections is not speech under the First Amendment.
  • HF580 (Simon) - Victims of violence data protection regulated.
Hearing Documents:
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01:46 - Gavel. 01:59 - HF1112 (Winkler) Secretary of state duties and responsibilities modified. 07:57 - HF283 (Winkler) Evidence arising from a collaborative law process availability limited. 09:55 - HF1058 (Winkler) Early learning scholarship program established, access to quality early learning and care expanded, and money appropriated. 23:52 - HF183 (Holberg) Public employee data unauthorized access penalties and procedures enhanced. 1:04:30 - HF474 (Holberg) Automated license plate reader data classified, log of use required, and data required to be destroyed. The committee recessed. Runs 1 hour, 28 minutes.