STATE OF MINNESOTA TWENTY-FIRST MEETING
HOUSE OF REPRESENTATIVES EIGHTY-SIXTH SESSION
CIVIL JUSTICE POLICY COMMITTEE MINUTES
Representative Mullery, Chair, called the meeting to order at 8:45 A.M. on Friday, March 27, 2009, in Room 5 of the State Office Building.
The Legislative Assistant noted the roll.
Members Present:
Mullery, Chair
Drazkowski, GOP Lead
Champion
Holberg
Hortman
Johnson
Mahoney
Olin
Paymar
Scott
Westrom
Members Excused:
Hilstrom
Kelly
Kulick Jackson
A quorum was present.
H.F. 988 (Mariani): A bill for an act relating to drivers’ licenses; prohibiting commissioner of public safety from complying with Real ID Act.
Representative Johnson moved H.F. 988 before the committee.
Representative Mariani presented his bill.
Testifying for the bill:
Carolyn Jackson, ACLU Minnesota
Representative Johnson moved that H.F. 988 be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.
H.F. 120, the First Engrossment (Hosch): A bill for an act relating to health; establishing oversight for health care cooperative arrangements; increasing access to health care services in rural areas; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 62R.
Representative Mahoney moved H.F. 120, the First Engrossment, before the committee.
Representative Hosch presented his bill.
Testifying for the bill:
Chuck Ness, Executive Director, Minnesota Rural Health Cooperatives
Testifying against the bill:
Tom Pursell, Attorney, Minnesota Council of Health Plans
Representative Holberg moved adoption of the
A09-0283 amendment. THE MOTION DID NOT PREVAIL.
Representative Mahoney moved that H.F. 120, the First Engrossment, be recommended to pass and when so passed be re-referred to the Committee on Finance. THE MOTION PREVAILED.
H.F. 1709 (Hosch): A bill for an act relating to human services; changing child welfare provisions; amending Minnesota Statutes 2008, sections 13.46, subdivision 2; 256.01, subdivision 14b; 259.52, subdivisions 2, 6; 260.012; 260.93; 260B.007, subdivision 7; 260B.157, subdivision 3; 260B.198, subdivision 1; 260C.007, subdivisions 18, 25; 260C.151, subdivisions 1, 2, 3, by adding a subdivision; 260C.163, by adding a subdivision; 260C.175, subdivision 1; 260C.176, subdivision 1; 260C.178, subdivisions 1, 3; 260C.201, subdivisions 1, 3, 5, 11; 260C.209, subdivision 3; 260C.212, subdivisions 1, 2, 4, 4a, 5, 7; 260D.02, subdivision 5; 260D.03, subdivision 1; 260D.07; 484.76, subdivision 2; Laws 2008, chapter 361, article 6, section 58; proposing coding for new law in Minnesota Statutes, chapter 260C; repealing Minnesota Statutes 2008, section 260C.209, subdivision 4.
Representative Johnson moved H.F. 1709 before the committee.
Representative Hosch presented his bill.
Testifying for the bill:
ÿ Christeen Borsheim, Manager, Minnesota Department of Human Services
Representative Johnson moved that H.F. 1709 be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.
H.F. 1677 (Simon): A bill for an act relating to the safe at home program; specifying applicability; eliminating certain persons from eligibility; providing a remedy for violation or refusal to recognize a designated address; prohibiting public release of certain court records; amending Minnesota Statutes 2008, sections 5B.01; 5B.02; 5B.07, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 5B.
Representative Johnson moved H.F. 1677 before the committee.
Representative Simon presented his bill.
Representative Mullery moved to orally amend H.F. 1677 as follows:
Page 1, line 19, delete "supercede" and insert "supersede" and after "ordinance" delete ", charter"
Page 1, line 20, delete "provision, rule, or other law" and after "require" delete "release or"
Pages 2 and 3, delete sections 3 and 4
Page 3, delete section 5 and insert:
"This act is effective the day after final enactment."
Renumber the sections in sequence.
THE MOTION PREVAILED AND THE ORAL AMENDMENTS WERE INCORPORATED.
Representative Johnson assumed the chair at 9:41 A.M.
H.F. 903, the First Engrossment (Mullery): A bill for an act relating to mortgages; modifying provisions relating to foreclosure consultants; amending Minnesota Statutes 2008, section 325N.01.
Representative Mullery presented his bill and moved that H.F. 903, the First Engrossment, be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.
H.F. 19, the First Engrossment (Mullery): A bill for an act relating to real property; mortgages; providing for postponement of sale; amending Minnesota Statutes 2008, section 580.07.
Representative Mullery presented his bill and moved that H.F. 19, the First Engrossment, be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.
Representative Mullery resumed the chair at 9:44 A.M.
H.F. 454, the First Engrossment (Murphy, E.) A bill for an act relating to health; modifying provisions for disposition of a deceased person; amending Minnesota Statutes 2008, section 149A.80, subdivision 2.
Representative Hortman moved H.F. 454, the First Engrossment, before the committee.
Representative Murphy presented her bill.
Testifying for the bill:
Laura Smidzik, Project 515
Representative Hortman moved to orally amend H.F. 454, the First Engrossment, as follows:
Page 2, delete line 13, and correct internal references
THE MOTION PREVAILED AND THE ORAL AMENDMENT WAS INCORPORATED.
Testifying against the bill:
Tom Pritchard, Minnesota Family Council
Representative Hortman moved that H.F. 454, the First Engrossment, as amended, be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.
H.F. 1639 (Morrow): A bill for an act relating to human services; modifying provisions relating to the Minnesota sex offender program; creating additional oversight to the Minnesota sex offender program; creating a client grievance process; allowing access to the statewide supervision system; making changes to the vocational work program; amending Minnesota Statutes 2008, sections 16C.10, subdivision 5; 168.012, subdivision 1; 246B.01, by adding subdivisions; 246B.02; 246B.03; 246B.05; 246B.06; 609.485, subdivisions 2, 4.
Representative Paymar moved H.F. 1639 before the committee.
Representative Paymar moved adoption of the
A09-0276 amendment. THE MOTION PREVAILED.
Representative Morrow presented his bill.
Testifying for the bill:
ÿ Dan Storkamp, Deputy Director, Minnesota Sex Offender Program
Representative Paymar moved that H.F. 1639, as amended, be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.
H.F. 176, the First Engrossment (Emmer): A bill for an act relating to health; requiring an amended death record when ordered by the court; amending Minnesota Statutes 2008, sections 144.221, by adding a subdivision; 390.23.
Representative Holberg moved H.F. 176, the First Engrossment, before the committee.
Representative Holberg moved adoption of the
H0176A4 amendment. THE MOTION PREVAILED.
Representative Holberg moved to orally amend H.F. 176, the First Engrossment, as follows:
Page 1, delete lines 6 and 7
THE MOTION PREVAILED AND THE ORAL AMENDMENT WAS INCORPORATED.
Testifying for the bill:
Jim Golden, Minnesota Department of Health
Brandon Schwartz, Law Clerk
Testifying against the bill:
Dr. Andrew Baker, Hennepin County Medical Examiner; Forensic Pathologist
Dr. Lindsey Thomas, Minnesota Regional Medical Examiner
John Kingrey, Executive Director, Minnesota County Attorneys Association
Representative Johnson assumed the chair at 10:43 A.M.
Representative Holberg moved that H.F. 176, the First Engrossment, as amended, be recommended to pass and when so passed be re-referred to the Committee on Finance.
After the initial voice vote, Representative Scott called for a Division. There being 4 Ayes and 4 Nays, THE MOTION DID NOT PREVAIL.
H.F. 1322, the First Engrossment (Thissen): A bill for an act relating to health; changing provisions for health information technology and infrastructure; establishing an e-health advisory committee; changing electronic health records provisions; changing electronic health record system revolving account and loan program; modifying electronic prescribing provisions; amending Minnesota Statutes 2008, sections 62J.495; 62J.496; 62J.497, subdivisions 1, 2.
Representative Johnson moved H.F. 1322, the First Engrossment, before the committee.
Representative Johnson moved adoption of the "A1" amendment (attached).
Representative Johnson moved to orally amend the "A1" amendment as follows:
Page 1, line 1, delete "6.35" and insert "7.12"
Page 1, delete lines 5 and 6
Page 1, line 7, delete "7.25" and insert "7.32"
Page 1, line 8, delete "7.25" and insert "7.32" and after "in" insert "chapter"
Page 1, line 10, delete "7.26" and insert "7.33", delete "strike" and insert "delete", delete "6" and insert "(6)", delete "7" and insert "(7)"
THE MOTION PREVAILED AND THE ORAL AMENDMENTS TO THE "A1" AMENDMENT WERE INCORPORATED.
Representative Johnson moved adoption of the
"A1" amendment as amended. THE MOTION PREVAILED.
Representative Holberg moved to orally amend H.F. 1322, the First Engrossment, as follows:
Page 6, line 19, after the period insert:
"Nothing in this section authorizes the collection of individual patient data."
THE MOTION PREVAILED AND THE ORAL AMENDMENT WAS INCORPORATED.
Testifying for the bill:
Jim Golden, Minnesota Department of Health
Representative Johnson moved that H.F. 1322, the First Engrossment, as amended, be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.
Representative Mullery resumed the chair at 11:03 A.M.
H.F. 1494 (Simon): A bill for an act relating to civil actions; providing for wrongful death actions by domestic partners; amending Minnesota Statutes 2008, sections 3.736, subdivision 6; 466.05, subdivision 2; 573.02, subdivisions 1, 3.
Representative Hortman moved H.F. 1494 before the committee.
Representative Hortman moved to orally amend H.F. 1494 as follows:
Page 2, delete line 30, and correct the internal references
THE MOTION PREVAILED AND THE ORAL AMENDMENT WAS INCORPORATED.
Representative Simon presented his bill.
Representative Hortman moved that H.F. 1494, as amended, be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.
H.F. 914, the First Engrossment (Davnie): A bill for an act relating to financial institutions; regulating payday lending; providing penalties and remedies; amending Minnesota Statutes 2008, section 47.60, subdivisions 4, 6; 53.09, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 47.
Representative Mullery moved H.F. 914, the First Engrossment, before the committee.
Representative Mullery moved adoption of the
H0914A2 amendment. THE MOTION PREVAILED.
Testifying against the bill:
Paul Cassidy, Director, PayDay America
Representative Mullery moved that H.F. 914, the First Engrossment, as amended, be recommended to pass and when so passed be placed on the General Register. THE MOTION PREVAILED.
The meeting adjourned at 11:16 A.M.
_________________________________________
Joe Mullery, Chair
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Vickie Benson, Committee Legislative Assistant