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Civil Justice

THIRTY-SIXTH MEETING

2009-2010 Regular Session - Wednesday, March 10, 2010

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

CIVIL JUSTICE POLICY COMMITTEE MINUTES



Representative Kulick Jackson called the meeting to order 8:34 A.M. on Wednesday, March 10, 2010, 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
Johnson
Kelly
Mahoney
Olin
Paymar
Scott
Westrom


A quorum was present.

H.F. 1395, the First Engrossment (Mullery): A bill for an act relating to real property; modifying procedures relating to uses and conveyances of tax-forfeited property; amending Minnesota Statutes 2008, section 282.01, subdivisions 1, 1a, 1b, 1c, 1d, 2, 3, 4, 7, 7a, by adding subdivisions; repealing Minnesota Statutes 2008, sections 282.01, subdivisions 9, 10, 11; 383A.76.

Representative Mullery gave a brief description of his bill and moved that H.F. 1395, the First Engrossment, be recommended to pass, and when so passed, be re-referred to the Committee on Taxes. THE MOTION PREVAILED.

H.F. 2881 (Kath): A bill for an act relating to public safety; authorizing certain qualified persons with medical training or supervision to take blood samples from DWI offenders; providing legal immunity; amending Minnesota Statutes 2008, section 169A.51, subdivision 7.

Representative Mahoney moved H.F. 2881 before the committee.

Representative Kath briefly described his bill.

Testifying for the bill:
Steve Simon, DWI Task Force, University of Minnesota Law School

Representative Hilstrom moved to orally amend H.F. 2881 as follows:

Page 2, line 8, delete everything after "blood"
Page 2, line 9, delete everything to the period

THE MOTION PREVAILED.

Representative Mahoney moved that H.F. 2881, as amended, be recommended to pass, and when so passed, be placed on the General Register. THE MOTION PREVAILED.

Representative Mullery assumed the chair at 8:45 a.m.

H.F. 3134 (Hornstein): A bill for an act relating to probate; establishing probate and intestate rights for domestic partners; amending Minnesota Statutes 2008 sections 524.1-201; 524.2-101; 524.2-102;
524.2-103; 524.2-201; 524.2-213; 524.2-301; 524.2-402; 524.2-403; 524.2-404; 524.2-405; 524.2-803; 524.2-804; 524.3-301; 524.3-403; 524.3-703; 524.3-706; 524.3-715; 524.3-901; 524.3-906; 524.3-1203, subdivisions 1, 3; Minnesota Statutes 2009 Supplement, section 524.3-1203, subdivision 5.

Representative Mahoney moved the bill before the committee and moved that H.F. 3134 be recommended to pass, and when so passed, be placed on the General Register.

Representative Hornstein briefly described his bill.

Testifying for the bill:
Ann Kaner-Roth, Project 515

Testifying against the bill:
Tom Pritchard, President, Minnesota Family Council

Representative Mahoney renewed his motion. THE MOTION PREVAILED.

H.F. 3135 (Simon): A bill for an act relating to judicial proceedings; providing for wrongful death actions by domestic partners; establishing a witness privilege and crime victim rights for domestic partners; amending Minnesota Statutes 2008, sections 3.736, subdivision 6; 466.05, subdivision 2; 573.02, subdivisions 1, 3; 595.02, subdivision 1; 611A.01; 611A.036, subdivision 2; 611A.52, subdivision 8.

Representative Hilstrom moved the bill before the committee and moved that H.F. 3135 be recommended to pass, and when so passed, be placed on the General Register.

Representative Simon briefly described his bill.

Representative Hilstrom renewed her motion. THE MOTION PREVAILED.

H.F. 890, the First Engrossment (Simon): A bill for an act relating to children; modifying and clarifying provisions governing parentage presumptions and right to custody; providing for prebirth parentage orders or judgments in certain cases; amending Minnesota Statutes 2008, sections 257.54; 257.541, subdivision 1; 257.55, subdivision 1; 257.57, subdivision 5.

Representative Mullery moved H.F. 890 before the committee.

Representative Mullery moved adoption of the H0890A5 amendment. THE MOTION PREVAILED.

Representative Simon briefly described his bill.

Testifying for the bill:
Steve Snyder, Family Law Section, Minnesota State Bar Association

Testifying against the bill:
Tom Pritchard, President, Minnesota Family Council

Representative Mullery moved that H.F. 890, the First Engrossment, as amended, be recommended to pass, and when so passed, be placed on the General Register. THE MOTION PREVAILED.

H.F. 2709 (Norton): A bill for an act relating to civil actions; specifying immunity for certain entities in the event of an emergency or disaster; amending Minnesota Statutes 2008, section 12.22, subdivision 2a.

Representative Hilstrom moved H.F. 2709 before the committee.

Representative Hilstrom moved adoption of the H2709A1 amendment.

Representative Mullery moved to orally amend the H2709A1 amendment as follows:

Page 1, delete lines 9 through 12
Page 1, line 17, after the first "who" insert "previously"
Page 1, line 23, after the first "who" insert "previously"
Page 1, line 26, after "assistance" insert "(c)"

THE MOTION PREVAILED AND THE ORAL AMENDMENTS WERE INCORPORATED.

Representative Mahoney moved to reconsider the vote by which the H2709A1 amendment was adopted. THE MOTION PREVAILED.

After some discussion it was agreed by the author and the committee to change the H2709A1 amendment to a delete-everything amendment.

Representative Mullery moved to adopt the H2709A1 amendment as a delete-everything amendment, as amended. THE MOTION PREVAILED.

Testifying for the bill:
Vic Moore, American Red Cross

Representative Hilstrom moved that H.F. 2709, as amended, be recommended to pass, and when so passed, be placed on the General Register. THE MOTION PREVAILED.

H.F. 3361 (Holberg): A bill for an act relating to data practices; exempting certain domestic abuse or sexual attack programs from data practices requirements; classifying data; proposing coding for new law in Minnesota Statutes, chapter 13.

Representative Holberg briefly described her bill and moved that H.F. 3361 be recommended to pass, and when so passed, be placed on the General Register.

Testifying for the bill:
Rebecca McLane, St. Paul Domestic Abuse Intervention Project

Representative Holberg renewed her motion. THE MOTION PREVAILED.

H.F. 3336 (Simon): A bill for an act relating to eminent domain; modifying right of first refusal offers for property obtained with federal transit funding; amending Minnesota Statutes 2008, section 117.226.

Representative Mullery moved the bill before the committee and moved that H.F. 3336 be recommended to pass, and when so passed, be placed on the General Register.

Representative Simon briefly described his bill.

Representative Mullery renewed his motion. THE MOTION PREVAILED.

H.F. 3383 (Holberg): A bill for an act relating to public safety; establishing data classification of private for vehicle information in orders for protection or no contact orders; amending Minnesota Statutes 2008, sections 13.871, by adding a subdivision; 299C.46, subdivision 6.

Representative Holberg briefly described her bill and moved that H.F. 3383 be recommended to pass, and when so passed, be placed on the General Register.

Testifying for the bill:
Katie Engler, Minnesota Bureau of Criminal Apprehension

Representative Holberg renewed her motion. THE MOTION PREVAILED.

H.F. 3023 (Holberg): A bill for an act relating to commerce; regulating business screening services; providing for the correction and deletion of certain criminal records; amending Minnesota Statutes 2008, section 332.70, subdivisions 1, 2, 3, 4.

Representative Holberg briefly described her bill.

Representative Holberg moved adoption of the H3023A1 amendment. THE MOTION PREVAILED.

Representative Holberg moved that H.F. 3023, as amended, be recommended to pass, and when so passed, be placed on the General Register. THE MOTION PREVAILED.

Representative Mahoney assumed the chair at 9:22 a.m.

S.F. 863, the Second Engrossment (Mullery): A bill for an act relating to data practices; classifying government data; modifying provisions governing temporary classifications and personnel data; amending business screening services provisions; amending Minnesota Statutes 2008, sections
13.05, subdivision 4, by adding a subdivision; 13.06, subdivisions 1, 3, 4, 5, 7, by adding subdivisions; 13.43, subdivisions 1, 2, by adding subdivisions; 13.64; 13.643, by adding a subdivision; 13.7931, by adding a subdivision; 13.87, by adding a subdivision; 13.871, by adding a subdivision; 13D.05, subdivision 3; 16B.97, by adding a subdivision; 125A.21, subdivision 5; 270B.14, subdivision
16; 299C.156, subdivision 5; 332.70, subdivisions 1, 2, 3, 4; proposing coding for new law in Minnesota Statutes, chapters 13; 84; repealing Minnesota Statutes 2008, section 13.06, subdivision 2; Minnesota Rules, part 1205.1800.

Representative Mullery briefly described his bill and moved adoption of the S0863DE1 amendment. THE MOTION PREVAILED.

Testifying for the bill:
Laura Beyer Krepuenske, Department of Administration

Representative Mullery moved adoption of the S0863A2 amendment. THE MOTION PREVAILED.

Representative Mullery moved that S.F. 863, the Second 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 9:28 a.m.

H.F. 3052, the First Engrossment (Abeler): A bill for an act relating to commerce; regulating nonrecourse civil litigation funding transactions; proposing coding for new law as Minnesota Statutes, chapter 80G.

Representative Olin moved H.F. 3052 before the committee.

Representative Olin moved adoption of the A10-2303 amendment. THE MOTION PREVAILED.

Representative Abeler briefly described his bill.

Representative Olin moved that H.F. 3052, the First Engrossment, as amended, be recommended to pass, and when so passed, be placed on the General Register. THE MOTION PREVAILED.

H.F. 2855, the First Engrossment (Gunther): A bill for an act relating to labor and industry; modifying boiler provisions; amending and imposing civil and criminal penalties; amending Minnesota Statutes 2008, sections 326B.94, as amended; 326B.954; 326B.956; 326B.958; 326B.961, as added if enacted; 326B.964; 326B.966; 326B.97; 326B.98; 326B.986, subdivision 10; 326B.99; 326B.994, subdivision 3; 326B.998; Minnesota Statutes 2009 Supplement, sections 326B.972; 326B.986, subdivisions 2, 8; 326B.988; proposing coding for new law in Minnesota Statutes, chapter 326B;
repealing Minnesota Statutes 2008, sections 326B.952; 326B.96, subdivision 1; 326B.962; 326B.968; 326B.982; 326B.996; Minnesota Rules, parts 5225.1400; 5225.3100; 5225.3150; 5225.3200.

Representative Mahoney moved the bill before the committee and moved that H.F. 2855, the First Engrossment, be recommended to pass, and when so passed, be placed on the General Register.

Representative Gunther briefly described his bill.

Representative Mahoney renewed his motion. THE MOTION PREVAILED.

H.F. 3391 (Olin): A bill for an act relating to children; modifying provisions relating to children in need of protection or services; amending Minnesota Statutes 2008, sections 260C.007, subdivisions 6, 14; 260C.163, subdivision 2; 260C.201, by adding a subdivision; 260C.301, subdivision 1; Minnesota Statutes 2009 Supplement, sections 260.012; 260C.175, subdivision 1.

Representative Olin moved adoption of the H3391DE1 amendment.

Representative Olin moved to orally amend the H3391DE1 amendment as follows:

Pages 4 through 7, delete sections 4 and 5

THE MOTION PREVAILED AND THE ORAL AMENDMENT WAS INCORPORATED.

Representative Olin amended his previous motion and moved adoption of the H3391DE1 amendment, as amended. THE MOTION PREVAILED.

Representative Olin briefly described his bill.

Testifying for the bill:
John Kingrey, Minnesota County Attorneys Association
Melinda Hugdahl, Legal Services Advocacy Project

Representative Olin moved that H.F. 3391, as amended, be recommended to pass, and when so passed, be placed on the General Register. THE MOTION PREVAILED.

Representative Kulick Jackson assumed the chair at 9:43 a.m.

H.F. 2707 (Mullery): A bill for an act relating to public safety; extending the duration of the continuance period allowed in a juvenile delinquency matter; amending Minnesota Statutes 2008, section 260B.198, subdivision 7.

Representative Mullery briefly described his bill and moved adoption of the H2707DE1 amendment. THE MOTION PREVAILED.

Representative Mullery moved that H.F. 2707, as amended, be recommended to pass, and when so passed be re-referred to the Committee on Public Safety Policy and Oversight. THE MOTION PREVAILED.

H.F. 2988 (Pelowski): A bill for an act relating to state government; adding a provision to the Minnesota Data Practices Act on computer data; clarifying state agency use of temporary session cookies on government Web sites; amending Minnesota Statutes 2008, section 13.15, by adding a subdivision.

Representative Hilstrom moved the bill before the committee and moved that H.F. 2988 be recommended to pass, and when so passed, be placed on the General Register.

Testifying for the bill:
Michael Muilenburg, Office of Enterprise Technology

Representative Hilstrom renewed her motion. THE MOTION PREVAILED.

H.F. 2899, the First Engrossment (Pelowski): A bill for an act relating to data practices; providing an administrative remedy for certain data practices law violations; providing civil penalties; appropriating money; amending Minnesota Statutes 2008, sections 13.072, subdivision 2; 13.08, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 13.

Representative Hilstrom moved H.F. 2899 before the committee and moved adoption of the H2899A6 amendment. THE MOTION PREVAILED.

Representative Pelowski briefly described his bill.
Testifying for the bill:
Don Gemberling, Minnesota Coalition on Government Information

Representative Hilstrom moved that H.F. 2899, the First Engrossment, as amended, be recommended to pass, and when so passed, be placed on the General Register. THE MOTION PREVAILED.

The committee recessed at 10:11 a.m.
The committee reconvened at 6:13 p.m.

H.F. 2938, the First Engrossment (Thissen): A bill for an act relating to human services; modifying programs and licensure provisions for services to persons with disabilities; amending Minnesota Statutes 2008, section 326B.43, subdivision 2; Minnesota Statutes 2009 Supplement, sections 245A.03, subdivision 7; 245A.11, subdivision 7b; 256D.44, subdivision 5; Laws 2009, chapter 79, article 8, section 81.

Representative Mahoney moved the bill before the committee, and moved that H.F. 2938, the First Engrossment, be recommended to pass, and when so passed, be placed on the General Register.

Representative Thissen briefly described his bill.

Representative Mahoney renewed his motion. THE MOTION PREVAILED.

H.F. 3086 (Thissen): A bill for an act relating to health; providing for access to health records by surviving domestic partners; including domestic partners in provisions governing health care
rights, consent to autopsies, and anatomical gifts;amending Minnesota Statutes 2008, sections 144.291, subdivision 2; 144.294, subdivision 1; 144.334; 144.651, subdivisions 2, 28; 144A.161, subdivision 1; 144A.75, subdivision 7; 253B.03, subdivision 6; 390.11, subdivision 2; 390.32, subdivision 3; 525A.02,
subdivision 6, by adding a subdivision; 525A.09; Minnesota Statutes 2009 Supplement, section 13.384, subdivision 3.

Representative Mullery moved the bill before the committee and moved that H.F. 3086 be recommended to pass, and when so passed, be placed on the General Register.

Representative Thissen briefly described his bill.

Representative Mullery renewed his motion. THE MOTION PREVAILED.

H.F. 3079, the First Engrossment (Hortman): A bill for an act relating to state government; providing for certain permitting efficiency; modifying environmental review provisions; amending Minnesota Statutes 2008, sections 17.03, by adding a subdivision; 84.027, by adding a subdivision; 116.03, by adding a subdivision; 116D.04, subdivisions 2a, 10, by adding a subdivision.

Representative Mahoney moved the bill before the committee and moved that H.F. 3079, the First Engrossment, be recommended to pass, and when so passed, be re-referred to the Committee on Finance with the further recommendation that the bill be re-referred to the Environment and Natural Resources Finance Division.

Representative Hortman briefly described her bill.

Testifying for the bill:
Thaddeus Lightfoot, Minnesota Chamber of Commerce; Environmental Law Group

Testifying against the bill:
Bobby King, Land Stewardship Project

Representative Paymar moved to orally amend H.F. 3079, the First Engrossment, as follows:

Pages 5 and 6, delete section 5

THE MOTION DID NOT PREVAIL.

Representative Mahoney renewed his motion. THE MOTION PREVAILED.



The meeting adjourned at 6:38 P.M.



_________________________________________
Joe Mullery, Chair



_________________________________________
Vickie Benson, Committee Legislative Assistant
More Info On This Meeting..
Bills Added:
  • HF1395 (Mullery) - Tax-forfeited property use and conveyance procedures modified.
  • HF3134 (Hornstein) - Probate and intestate rights established for domestic partners.
  • HF3135 (Simon) - Wrongful death actions by domestic partners provided, and witness privilege and crime victim rights for domestic partners established.
  • HF0890 (Simon) - Parentage presumption and right to custody provisions modified and clarified, and prebirth parentage orders or judgments provided in certain cases.
  • HF2881 (Kath) - Qualified persons with medical training or supervision authorized to take blood samples from DWI offenders, and legal immunity provided.
  • HF2709 (Norton) - Volunteer protections during an emergency or disaster modified, and immunity specified for certain entities.
  • HF3391 (Olin) - Children in need of protection or service provisions modified.
  • HF2899 (Pelowski) - Administrative remedy provided for certain data practice law violations, data sharing agreement provided with the department of education, civil penalty provided, and money appropriated.
  • HF3086 (Thissen) - Access to health records provided to surviving domestic partners, and domestic partners included in provisions governing health care rights, consent to autopsies, and anatomical gifts.
  • HF2855 (Gunther) - Boiler provisions modified and civil and criminal penalties amended and imposed.
  • HF3052 (Abeler) - Nonrecourse presettlement funding transactions regulated.
  • HF2938 (Thissen) - Persons with disabilities licensure programs and provisions modified.
  • HF2707 (Mullery) - Juvenile delinquency provisions modified to include stays of adjudication of delinquency, and juvenile delinquency continuance period duration extended.
  • HF3023 (Holberg) - Business screening services regulated, and correction and deletion of certain criminal records provided.
  • HF3361 (Holberg) - Domestic abuse or sexual attack programs exempted from data practice requirements, and data classified.
  • HF3383 (Holberg) - Data classification established of private for vehicle information in orders for protection or no contact orders.
  • HF0863 (Mullery) - Omnibus government data classifications provisions bill.
  • HF2988 (Pelowski) - Minnesota Data Practices Act provision added on computer data, and state agency use of temporary session cookies on government Web sites clarified.
  • HF3336 (Simon) - Right of first refusal offers modified for property obtained with federal transit funding.
  • HF3079 (Hortman) - Permitting efficiency provided, and environmental review provisions modified.
Documents:
  • - 3/9/2010
  • - 3/9/2010

*HF3317 (Mullery) Collection, dissemination, disclosure, and use of data regulated, temporary classification provisions amended, and changes made--will be substituted as a Delete-all amendment to SF863.