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Civil Justice

TENTH MEETING

2009-2010 Regular Session - Monday, February 23, 2009

STATE OF MINNESOTA TENTH MEETING
HOUSE OF REPRESENTATIVES EIGHTY-SIXTH SESSION

CIVIL JUSTICE POLICY COMMITTEE MINUTES



Representative Mullery, Chair, called the meeting to order at 4:30 P.M. on Monday, February 23, 2009, in Room 10 of the State Office Building.

The Legislative Assistant noted the roll.

Members Present:
Mullery, Chair
Kulick Jackson, Vice Chair
Drazkowski, GOP Lead
Champion
Hilstrom
Holberg
Hortman
Johnson
Kelly
Mahoney
Olin
Paymar
Scott
Westrom

A quorum was present.


HF208 (Dill): A bill for an act relating to creditors’ remedies; changing the type of mailed notification to secured creditors required in connection with foreclosure of a mechanics lien on a motor vehicle; amending Minnesota Statutes 2008, section 514.20.

Representative Hortman moved the bill before the committee, and moved that HF208 be recommended to pass, and when so passed, be placed on the General Register.

Representative Dill presented his bill.

Representative Hortman renewed her motion. THE MOTION PREVAILED.

HF412 (Bunn): A bill for an act relating to real estate; adjusting the statute of repose for homeowner warranty claims; amending Minnesota Statutes 2008, section 541.051, subdivision 4.

Representative Johnson moved HF412 before the committee, and moved that HF412 be recommended to pass, and when so passed, be re-referred to the Committee on Commerce and Labor.

Representative Bunn presented her bill.

Testifying for the bill:
Scott Andresen, Attorney

Testifying against the bill:
Lisa Frenette, Minnesota Builders Association

Representative Westrom moved adoption of the H0412A1 amendment. THE MOTION DID NOT PREVAIL.

Representative Johnson renewed his motion. THE MOTION PREVAILED.




HF417 (Atkins): A bill for an act relating to insurance; providing recovery of damages and attorney fees for breach of an insurance policy; amending Minnesota Statutes 2008, section 471.982, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 60A.

Representative Mahoney moved HF417 before the committee, and moved that HF417 be recommended to pass, and when so passed, be placed on the General Register.

Representative Atkins presented his bill.

Testifying for the bill:
Liz Porter, St. Jude Medical

Testifying against the bill:
Tom Hesse, Minnesota Chamber of Commerce
Mike Hickey, Minnesota Federation of Independent Businesses
Bev Turner, Travelers Insurance
Bob Johnson, Insurance Federation of Minnesota
Marcus Marsh, Minnesota Association of Farm Mutual Insurance Companies
Elaine Love, Farmers Insurance Group
Dale O. Thornsjo, Minnesota Defense Lawyers Association
Tom Mielenhausen, Attorney, Lindquist and Vennum

Representative Mahoney renewed his motion. THE MOTION PREVAILED.

HF534 (Davids): A bill for an act relating to insurance; authorizing and regulating the issuance of certificates of insurance; amending Minnesota Statutes 2008, section 60K.46, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 60A.

Representative Scott moved HF534 before the committee, and moved that HF534 be recommended to pass and when so passed be placed on the General Register.

Representative Davids presented his bill.

Testifying for the bill:
Dominic Sposeto, Minnesota Independent Insurance Agents
David Szczepanski, Garry Insurance Center, North St. Paul

Chair Mullery laid the bill over.


The meeting adjourned at 6:10 P.M.



_________________________________________
Joe Mullery, Chair



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

HF208 (Dill) Secured creditor mailed notification type changed required in connection with foreclosure of a mechanics lien on a motor vehicle;
HF412 (Bunn) Home owner warranty statute of repose adjusted;
HF417 (Atkins) Damage recovery and attorney fees provided for breach of insurance policy;
HF534 (Davids) Certificates of insurance authorized and regulated.