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Note: The Senate Information Office has toll-free telephone numbers to enable citizens of Greater Minnesota to obtain general information about the Minnesota Senate. The telephone numbers are: 1-888-234-1112 (voice) and 1-888-234-1216 (TTY).
Update: April 12, 2004 5 p.m.
S.F. 2715, authored by Sen. Michele Bachmann (R-Stillwater), would place the question on the ballot this November. Bachmann said, "This issue is one that has grabbed headlines across the nation and there is passion on both sides of the issue." She said there are strong, good people who disagree on the issue, but the issue is what we support. "The definition, the foundation of society, is the joining of man and woman. The question is whether we retain that definition or redefine the concept of marriage," Bachmann said. "Today we are asking for a law that would allow the people of Minnesota to vote that marriage is the union of one man and one woman," she said.
Theresa Collett, a law professor at the University of St. Thomas, said, "Marriage has become an issue because of the relentless attack of the courts on states' marriage laws." There is wide spread agreement within the state that marriage is between one man and one woman, Collett said. "Laws are based on the fact that children arise from marriage and children do best when raised by a mother and father," Collett said. She said, activists are demanding that judges redefine marriage throughout the country. "There are 22 states where marriage laws are being attacked and it is clear Minnesota will be one of them if the state does not pass a constitutional amendment," Collett said, "Our statutes are vulnerable to attack and the threat of judicial over-reaching."
Religious leaders from a variety of faith also spoke in support of the bill. Bishop Frederick Campbell, Archdiocese of St. Paul, said, "Marriage and family life are essential for social order-the defense of marriage is an urgent necessity to protect the family." Yaqub Mohamad, a Somali resident, said, "We are fully in agreement that marriage is to be only between a man and a woman. We have the biblical mandate and historical precedent."
Willard F. Harley, Jr., clinical psychologist, said it takes a traditional marriage to raise healthy and happy families. "The primary purpose of marriage is to raise the offspring in stability and safety," he said, "The issue is not about the rights of gays and lesbians, it is about raising children."
Sen. Scott Dibble (DFL-Mpls.) began the testimony in opposition to the bill. "I believe strongly this is a basic issue of fairness. Do we believe the purpose of our constitution is to protect freedom and provide fairness or not? The issue is about love and fairness," Dibble said. He said in the not too distant past, women were considered property, blacks could not marry and couples of different races could not marry. "What is the interest of the state?" Dibble asked, "The purpose of the constitution is extending opportunity, fairness and equality."
Ann DeGroot, executive director of Outfront Minnesota, said, "People opposed to this amendment come from a variety of backgrounds. I want to remind people there is no bill before you that legalizes same sex marriage." It is still unclear to me what the amendment would protect about traditional marriage, DeGroot said. "It is still unclear what about same sex marriage threatens the institution of marriage," she said. "The rights of our citizens should not be open to a vote," DeGroot said.
Kathleen Hull, professor of sociology, said, "Contrary to claims of supporters, marriage is in a constant state of evolution. Throughout history, marriage has been primarily an economic and political arrangement with little resemblance to today's institution." She said with the increase in contraception, procreation was no longer the main goal of marriage. "Those who have opposed the evolution of marriage have sounded the alarm of the downfall of marriage, but marriage has proven to be remarkably resilient," Hull said.
David Fredrickson, Luther Seminary, said he was against the bill for two reasons. "The bill sets back recent advances in the institution of marriage and it cuts short the public discourse," he said. Victoria Stafford, pastor, Unitarian Universalist Church, said marriage is the joining of two adults who would be faithful and committed for a lifetime-it is the job of the faith community to bless all marriages.
After one hour of testimony in support of the bill and one hour of testimony in opposition to the bill, committee members had an opportunity to debate the measure. Sen. John Marty (DFL-Roseville) said, "No one has the right to vote to decide who can get married. It is our job to decide issues of fairness and the only thing this is going to do is enshrine discrimination." Sen. Thomas Neuville (R-Northfield) spoke in support of the bill. "This is obviously a difficult question, but I think it is here because of the violation of the separation of powers by the courts. The courts have created the issues and pushed it forward," he said. "Marriage is in stress today, but it is still the best way for children to be created and raised," Neuville said. Sen. Ann Rest (DFL-New Hope) spoke in opposition to the bill. "I have a hard time seeing how the bill would bring benefit to citizens of Minnesota, I can find nothing that recommends there is a benefit," she said.
The bill was the rejected on a 4-5 roll call vote.
Members then considered a bill, S.F. 3003, sponsored by Betzold, that would place a constitutional amendment before the voters restricting the power of the judicial branch to define marriage. "Sen. Bachmann stressed the other bill was not about gay rights, it was about judicial activism. But that bill doesn't say anything about judicial activism, so I thought we should have a bill to stop judicial activism," Betzold said.
The bill was advanced to the Rules and Administration Committee without recommendation on a 5-4 roll call vote.
Sen. Linda Scheid (DFL-Brooklyn Park) carried three measures. One bill, S.F. 2248, makes a number of changes in laws to afford more protection to homeowners. The Homeowner's Protection Act requires more detail in reports from municipalities on building code enforcement, establishes a statutory cure process for home warranty claims, permits successful home warranty claimants to recover attorney fees, regulates contractor estimates and requires prelicensing education of residential building contractors. The measure was approved and re-referred to the State and Local Government Operations Committee. S.F. 2379 recodifies and modifies provisions relating to real estate brokers and salespersons. The measure was advanced to the Senate floor. S.F. 1639, carried by Scheid, provides for the removal and disposal of abandoned vehicles on automobile service premises. The measure was approved and sent to the Senate floor.
Members also approved a bill modifying public transit bus drivers' duty of care to passengers. S.F. 2680, sponsored by Sen. Yvonne Prettner Solon (DFL-Duluth), was approved and re-referred to the Education Committee. S.F. 2114, sponsored by Sen. Steve Kelley (DFL-Hopkins), changes the Open Meeting Law to allow a public body to close a meeting to negotiate the purchase or sale of real or personal property. The measure also requires the actual sale must be approved at an open meeting and that the price is public information. The bill was sent to the full Senate.
One measure failed to gain the committee's approval. S.F. 2763, authored by Sen. Dennis Frederickson (R-New Ulm), provides for the issuance of pipeline routing permits by the Environmental Quality Board. Members laid the bill on the table because of concerns the legislation affects an on-going lawsuit.
The committee, chaired by Sen. Don Betzold (DFL-Fridley), also began discussion of a bill providing requirements for certification of a class action. Sen. Julianne Ortman (R-Chanhassen) said the bill, S.F. 2880, allows the certification process to happen earlier in the process. She said the measure also contains provisions for appeal of certification order and sets standards for class certification. The measure was laid on the table because of time constraints.
When the panel reconvened in the evening, members began with a discussion of S.F. 2880. Ortman said the bill reforms the process for class action law suits. The measure was approved and re-referred to the Finance Committee. Betzold carried a bill, S.F. 289, which imposes a statute of limitations for owners or purchasers of dwellings or residential buildings undergoing home improvement work to bring suit relating to defects occurring within the warranty period. The bill specifies the owner has one year following the expiration of the warranty periods set forth in statute to discover a defect which has occurred within the warranty period. Further, the bill specifies that the lawsuit may be brought no more than three years after the expiration of the warranty periods. The bill was sent to the Senate floor.
Members also advanced to the floor a bill providing a factor to determine attorney's fees. S.F. 2047, authored by Sen. Thomas Neuville (R-Northfield), specifies that when a statute provides for the award of attorney fees to a party that has recovered money damages, the court, in setting the amount of attorney fees, must take into consideration the reasonableness of the ratio of the attorney fees sought to the amount damages awarded. S.F. 1233, authored by Ortman, authorizes inverse condemnation under eminent domain by a business when a governmental entity occupies the marketplace by providing goods or services previously provided by the business. The measure was laid on the table.
S.F. 2391, authored by Sen. Cal Larson (R-Fergus Falls), expands the commerce commissioner's ability to share information with other investigative agencies. S.F. 2430, carried by Sen. Mee Moua (DFL-St. Paul), permits the Department of Revenue to verify to a county assessor whether an individual who is requesting or receiving a homestead classification has filed a Minnesota income tax return as a resident. S.F. 2343, sponsored by Sen. Linda Higgins (DFL-Mpls.), provides an exception to the open meeting law for security briefings. The bill requires public bodies to approve all financial matters relating to security measures at open meetings, requires closed meetings relating to security to be taped and requires the tapes to be preserved for eight years. Sen. Warren Limmer (R-Maple Grove) carried S.F. 2879, which provides that information about correctional employees is public, but may not be disclosed to facility patients, inmates or individuals who are likely to use the information to harass, intimidate or assault employees. S.F. 2223, carried by Betzold, makes technical changes to the classification of data maintained by the Dept. of Employment and Economic Development. All the bills were approved for inclusion in the omnibus data practices bill. The omnibus bill, S.F. 1889, carried by Sen. Wesley Skoglund (DFL-Mpls.), was sent to the full Senate.
The panel also advanced S.F. 2561, which provides for the classification of CriMNet data, to the Crime Prevention and Public Safety Committee. The bill is also sponsored by Betzold.
S.F. 2866, carried by Sen. Rod Skoe (DFL-Clearbrook), provides that an agricultural operation more than two years old is not considered a nuisance, as a matter of law, if it is located in an agriculturally zoned area, complies with applicable federal, state and county laws and regulations and operates according to generally accepted agricultural practices (GAAP). The bill defines GAAP as those practices commonly used by other farmers in the county or a contiguous county. Under the measure, agricultural operations in their first two years of existence are granted a rebuttable presumption that they are not nuisances if they meet the three criteria.
Paul Sobocinski, Land Stewardship Project, said the bill should use sound or best management, rather than generally accepted, practices. Using generally accepted practices as a standard, he said, does not encourage agricultural operations to do better. Sen. Julianne Ortman (R-Chanhassen) said the bill does the opposite. If agricultural operations do better and comply fully with the law, she said, they are protected from lawsuits.
In other action, committee members approved six additional bills. S.F. 2894, sponsored by Sen. Steve Kelley (DFL-Hopkins), authorizes the State Board of Investment to increase its participation in Minnesota-based venture capital investments. The bill classifies as public data the name of the entity in which the board invests or considers investing, the commitment amount, the funded amount of the commitment, market value, internal rate of return and age of the investment. Other financial or proprietary data is classified as nonpublic, under the bill. The measure was forwarded to the Finance Committee. S.F. 2819, carried by Sen. Mee Moua (DFL-St. Paul), is the Dept. of Human Rights technical and housekeeping bill. It was sent to the full Senate.
A bill authored by Sen. Lawrence Pogemiller (DFL-Mpls.) reduces the statutory complement of the Court of Appeals, District Courts, Tax Court and Workers' Compensation Court of Appeals upon the occurrence of a vacancy in any of the courts. S.F. 1398, which also restores the statutory complements on July 1, 2007, was re-referred without recommendation to the Finance Committee. H.F. 2288, carried by Sen. Wesley Skoglund (DFL-Mpls.), eliminates a requirement for Conciliation Court cases that a judgment be docketed for at least 30 days in District Court. The bill was recommended for placement on the Consent Calendar. S.F. 2756 changes the religious reference from orthodox Hebrew to Jewish in kosher food labeling laws. The bill, carried by Sen. Richard Cohen (DFL-St. Paul), was sent to the floor. S.F. 1758, which amends provisions dealing with the presumption of paternity, was carried by Betzold. The bill was also sent to the full Senate.
The committee also considered two other measures. S.F. 2391, presented by Sen. William Belanger (R-Bloomington) for Chief Author Cal Larson (R-Fergus Falls), expands the Department of Commerce's ability to share information with other investigative agencies. The bill was laid over for possible inclusion in the omnibus data practices bill. S.F. 1976, carried by Sen. Ann Rest (DFL-New Hope), enacts the Uniform Conflict of Laws-Limitations Act recommended by the National Conference of Commissioners on Uniform State Laws. No action was taken on the bill.
A bill implementing an information system on birth defects sparked considerable discussion among committee members. S.F. 2242, authored by Sen. Sheila Kiscaden (IP-Rochester), requires the commissioner of health to maintain an information system containing data on the cause, treatment, prevention and cure of major birth defects and developmental disabilities. The measure classifies data collected for the birth defects information system as private data on individuals and specifies that the data may only be used for the purposes of the birth defects information system. The measure also provides that furnishing information for purposes of the birth defects information system does not subject a person, hospital, medical clinic, medical laboratory, data repository or other institution to any action for damages or relief. The bill also contains an opt out provision whereby a parent or guardian may request removal of personal identifying information concerning a child from the birth defects information system. Sen. David Hann (R-Eden Prairie) and Sen. Warren Limmer (R-Maple Grove) said they were concerned with the data privacy provisions. Limmer said that allowing data collected by the birth defects information system to be disseminated to a state or local government agency, even if the other agency is required to maintain the confidentiality of the data, places the data at risk.
Members adopted several oral amendments clarifying the opt out provisions. The bill was approved and re-referred to the Finance Committee.
In other action, the committee approved several additional bills. S.F. 1822, sponsored by Sen. Yvonne Prettner Solon (DFL-Duluth), modifies debtor exemptions for worker's compensation claims and personal injury claims. The bill also specifies the exemption of funds from creditor's claims is not affected by depositing the funds in a bank. The bill was approved and forwarded to the full Senate. S.F. 1206, carried by Sen. Becky Lourey (DFL-Kerrick), provides for the prevention of lead poisoning. The bill was amended to remove the portions that are under the committee's jurisdiction and re-referred to the Finance Committee. S.F. 2462, sponsored by Sen. Ellen Anderson (DFL-St. Paul), preserves housing authority ability to lease townhome and condominium properties to eligible tenants. The bill was also approved and advanced to the Finance Committee.
S.F. 2437, carried by Sen. Ann Rest (DFL-New Hope), makes numerous technical changes in order to implement the statewide computerized filing system for recording liens on agricultural products. The measure also sets fees and establishes filing requirements. The bill was approved and re-referred to the Finance Committee.
A bill carried by Committee Chair Don Betzold (DFL-Fridley) was approved and advanced to the Senate floor. The bill, S.F. 2593, prohibits condominium or townhome associations from restricting the display of the U.S. flag on residential property. The bill was amended to require that the flag not cause damage and that the flag be displayed in accordance with proper flag etiquette.
Individuals and corporations have a right to appeal judgments, said Sen. Don Betzold (DFL-Fridley), chief author of H.F. 1425. Appeal bonds required in other states have threatened to bankrupt large companies, especially tobacco manufacturers, he said, and there are limits on what international bond markets can support. The law should not make it impossible for defendants to appeal judgments against them, Betzold said. Keith Teel, an attorney, said the appeal bond limit is in the interests of both the tobacco industry and states. If tobacco companies declare bankruptcy, he said, states lose their payments under the tobacco settlements. The tobacco industry is not the only area of commerce affected by onerous appeal bonds, said Tom Hesse, Minnesota Chamber of Commerce. Any company could face devastating requirements to pursue an appeal, he said.
This bill is only here because of tobacco, not for any other industry, said Jeremy Hanson, Minnesota Smoke-Free Coalition. Tobacco companies have access to enormous financial resources, he said, and do not need special protection. Plaintiffs deserve access to their awards, he said, and appeal bonds guarantee them that the money will be there at the end of the road. However, Betzold said it is imaginable that medical device manufacturers or other large companies, such as Medtronic and 3M, could face large judgments and appeal bonds. The bill protects the right to appeal, he said, but does not let defendants avoid ultimately paying plaintiffs if the appeal fails.
Members adopted an amendment, offered by Sen. John Marty (DFL-Roseville), allowing courts to determine if a judgment debtor is dissipating assets to avoid paying the judgment and to require the judgment debtor to post a bond in an amount up to the amount of the judgment, regardless of the cap. Sen. Thomas Neuville (R-Northfield) offered an amendment, adopted by the panel, raising the original cap in the bill of $100 million to $150 million. H.F. 1425 was advanced to the full Senate.
In other action, committee members, chaired by Betzold, also approved four additional bills. S.F. 1645, authored by Sen. Mady Reiter (R-Shoreview), adds rock climbing and exploring caves to the definition of recreational purpose in statutes providing immunity to landowners who allow the public to use their land for recreational purposes. S.F. 2460, carried by Sen. Linda Berglin (DFL-Mpls.), defines nonprofit health care trusts. S.F. 2666, sponsored by Marty, modifies the Human Rights Act. The bills were sent to the Senate floor. S.F. 2026, carried by Sen. Steve Kelley (DFL-Hopkins), was re-referred to the Education Committee. The measure is the Dept. of Education policy bill and contains two data practices provisions classifying preliminary school accountability data as nonpublic until it is finalized and released by the commissioner of education.
S.F. 2037 requires government entities to pay attorney fees and permits property owners to challenge the classification of the project as being for a public purpose. Kiscaden said the proposal has evolved several times. She expressed her continuing commitment to working with parties on both sides. Keith Carlson said the Metropolitan Inter-County Association still has concerns about the precedent of awarding attorney fees as part of the acquisition process. Don Theisen, Washington County, said other states have seen attorney fees represent a double digit percentage of the total acquisition costs. We all pay for that increase, he said, as taxpayers. Lisa Agrimonti, representing the League of Minnesota Cities, said the timing of the disclosure of the owner's appraisal of the property to the condemning authority should be limited to 60 days instead of the 90 days in the bill. Stephen Bubul, also representing the League, said a provision limiting the ability of municipalities to reconvey property to another private entity severely restricts redevelopment. Kiscaden said the proposal aims to give property owners an opportunity to challenge a community's claim that there is a public purpose behind the reconveyance. Before advancing the bill, members adopted an amendment, offered by Sen. Julianne Ortman (R-Chanhassen), removing provisions pertaining to attorney fees.
Kiscaden also carried S.F. 2246, which extends the state's immunity, in claims arising from licensure, to counties. One of the few state licensing actions delegated to counties as agents of the state is day or child care licensing, she said. In other cases where a claim might be brought if a licensee causes harm, the state has immunity but counties do not, she said. If a county is not fulfilling its responsibility as an agent of the state, she said, the state has the responsibility to take action against the county. S.F. 2246 resolves the problem, Kiscaden said, by letting counties operate under the state's umbrella of immunity. Assistant Hennepin County Attorney Daniel Rogan said unrelated licensing problems can be used in a lawsuit brought against a county if a care provider harms a child. Current law puts employees in an awkward situation-document every violation, even relatively minor ones, or shield the county from liability, said Ruth Krueger, representing the Metropolitan Inter-County Association and the Minnesota Association of County Social Services Administrators. However, Committee Chair Don Betzold (DFL-Fridley) said, if a licensing authority knows there is a dangerous situation and does nothing about it, it ought to be sued. Ortman said the crucial point is that if state employees were performing the licensing activity, the state would be immune from the lawsuits. The current law is not an accident, said Joel Carlson of the Minnesota Trial Lawyers Association. The Legislature wanted to be sure counties were acting to protect children, he said. Carlson said the law does not provide for unlimited recovery from counties, but limits awards to $300,000. The measure was laid on the table.
In other action, committee members considered nine additional bills. S.F. 838, carried by Sen. Linda Higgins (DFL-Mpls.), provides for the collection and recycling of electronic products. The bill was heard by the committee last year and sent to the full Senate, but returned to the committee at the end of the 2003 session under Rule 47. The bill was forwarded to the Finance Committee. S.F. 1559, also authored by Higgins, provides a process for establishing ownership of property loaned to museums. Within the committee's jurisdiction was a provision permitting museums to apply conservation measures to property and allowing museums to acquire a lien on the property for the conservation costs. The bill was sent to the full Senate. Higgins sponsored a third bill, S.F. 2343, that was not officially before the committee. The measure permits municipalities to conduct closed meetings to discuss security information. No action was taken on the bill.
S.F. 2428, carried by Sen. Jim Vickerman (DFL-Tracy), establishes procedures for the use of electronic documents and electronic signatures for grain purchase contracts. The measure was re-referred to the Agriculture, Veterans and Gaming Committee. Sen. Dallas Sams (DFL-Staples) sponsored S.F. 717. The bill permits holders of E-2 visas to own or lease farm land and to engage in dairy farming. S.F. 717 was sent to the Senate floor. S.F. 2426, carried by Sen. Linda Berglin (DFL-Mpls.), provides for public defender access to government data. The bill was advanced to the Finance Committee.
Berglin also authored S.F. 1875, which permits relatives who decide not to be a placement resource at the beginning of an out-of-home placement case to still be considered for placement later in the case. The bill was sent to the Senate floor. S.F. 1846, authored by Sen. Steve Dille (R-Dassel), requires divorcing parents to attend an orientation and education program. Members adopted an amendment, suggested by Dille, requiring the program to last at least 8 hours, instead of the 10 hours in the bill. S.F. 1846 was also sent to the full Senate. The final bill, S.F. 2674, permits residents or property owners of a community granting a business subsidy to sue the subsidy grantor for failing to follow procedures required before the subsidy agreement is approved. The measure, carried by Sen. John Hottinger (DFL-St. Peter), requires the action to be brought within 180 days of the approval of the subsidy. S.F. 2674 was advanced to the Tax Committee.
S.F. 2189, authored by Sen. Sandra Pappas (DFL-St. Paul), adds enforcement provisions to existing law providing that it is unlawful for any manufacturer or wholesale drug distributor to offer or give any gift of value to a practitioner. Pappas said the current law lacks teeth and the bill gives the Attorney General's Office the ability to go after violators of the ban. Bob Vanasek, representing PhRMA, said the measure was inconsistent because it contained no sanctions against recipients. "The industry has its own code of ethics and is covered by federal law," Vanasek said. However a representative of the Attorney General's Office said the office has received complaints but has not had the ability to prosecute.
Sen. John Marty (DFL-Roseville) offered an amendment making it unlawful for a practitioner to accept a gift. The amendment was adopted. Sen. Thomas Neuville (R-Northfield) offered an amendment delaying the effective date until Jan. 1, 2005. He said a later date would allow more people to become aware of the change in the law. The amendment was adopted and the bill was advanced to the Senate floor.
The committee, chaired by Sen. Don Betzold (DFL-Fridley), approved several additional bills at the afternoon hearing. S.F. 2314, sponsored by Sen. William Belanger (R-Bloomington), requires the Commission on Judicial Selection make recommendations to the governor concerning nominees for vacancies on the Tax Court. The measure was approved and re-referred to the Tax Committee. S.F. 2219, carried by Sen. Betsy Wergin (R-Princeton), allows funeral providers who prevail in suits for the recovery of fees for services to also recover costs, disbursements and reasonable attorney fees. Wergin said that in some areas, funeral providers are providing services, but family members are not paying for the funeral. She said in Greater Minnesota, some providers may perform only one funeral a week and not being paid is a substantial hardship. The measure was approved and sent to the Senate floor. S.F. 2231, sponsored by Sen. Lawrence Pogemiller (DFL-Mpls.), clarifies the circumstances when a peace officer may recoup attorney fees and costs in a civilian complaint proceeding. The measure was also approved and sent to the Senate floor.
S.F. 2392, carried by Sen. Linda Scheid (DFL-Brooklyn Park), defines purchase money mortgages. The measure was approved and sent to the full Senate. S.F. 565, sponsored by Sen. Steve Kelley (DFL-Hopkins), restricts the use and display of Social Security numbers. The measure was approved and sent to the full Senate. S.F. 2365, also carried by Kelley, clarifies language enacted last year relating to the reporting of adverse health care events. The bill was approved and re-referred to the Health and Family Security Committee.
Members also reviewed portions of the health care cost containment bill, S.F. 1760. The measure, authored by Sen. Linda Berglin (DFL-Mpls.), contained three provisions that fell under the committee's jurisdiction. However, an amendment removed one provision and significantly changed another provision to deal with the collection of information about best practices and quality improvement, rather than collection of information about individuals. In addition, the measure contains provisions dealing with converting to electronic medical record systems. Berglin said the bill pertains only to the form of medical record systems and that all current data privacy provisions continue to apply to the electronic format. A motion to lay the bill on the table failed on a divided voice vote. The measure was approved and re-referred to the Finance Committee.
S.F. 2365, carried by Sen. Steve Kelley (DFL-Hopkins), modifies the reporting system under the Minnesota Adverse Health Care Events Reporting Act. Kelley also sponsored a bill, S.F. 565, restricting the use and display of Social Security numbers. Sen. Don Betzold (DFL-Fridley) carried S.F. 2223, which makes technical corrections to statutes governing data related to the Dept. of Employment and Economic Development. All three bills were advanced to the full Judiciary Committee.
The remaining bills heard were approved for inclusion in the omnibus data practices bill. S.F. 874, authored by Sen. Linda Higgins (DFL-Mpls.), provides for the sharing of welfare or health data and authorizes Hennepin County mental health services to share mental health data with the Minneapolis Police Department crisis intervention team. Sen. Betsy Wergin (R-Princeton) carried S.F. 1199, which removes personnel data relating to the city and county of residence of a public employee from classification as public data.
Betzold sponsored five additional measures. S.F. 1617 authorizes community mental health centers, county mental health divisions or providers to release mental health data to Hennepin County Criminal Mental Health Court personnel in advance of client or patient consent to assess the treatment needs of defendants and to incorporate the needs into voluntary case disposition plans. Another bill, S.F. 1618, authorizes responsible authorities for community mental health centers, county mental health divisions or mental health providers to disclose mental health data to law enforcement agencies to respond to emergencies. S.F. 1785 requires the release of peace officer reports relating to domestic abuse to victims and attorneys upon request. S.F. 2166 modifies the classification of income property assessment data collected by local governments. S.F. 2589 provides for the classification as nonpublic data of specific location data procured by the Department of Natural Resources identifying protected wild animals or endangered, threatened or special concern plant or animal species.
Three bills were carried by Skoglund. S.F. 2501 classifies municipal utility customer data and electronic municipal newsletter subscriber data as private. S.F. 2552 extends the domestic fatality review team pilot project in the Fourth Judicial District until 2006. The third bill, S.F. 1889, classifies certain data as private or nonpublic including group health, dental or disability plan service cooperatives claims data and survey information, inactive investigative data on individuals and market value appraisal data on property owned by cities. S.F. 1889 was approved as the vehicle for the omnibus data practices bill and sent to the full committee.
Discussion on the measure centered on provisions in the prohibited practices portions of the bill. The measure requires a foreclosure purchaser to verify and demonstrate that the foreclosed homeowner has a reasonable ability to pay for the subsequent conveyance of an interest back to the foreclosed homeowner. Several committee members argued that it is difficult for the foreclosure purchaser to verify another person's ability to pay. In addition, the bill requires the foreclosure purchaser to provide consideration to the foreclosed homeowner of at least 85 percent of the fair market value of the property purchased for any foreclosure reconveyance. Sen. Thomas Neuville (R-Northfield) moved to delete language prohibiting a foreclosure purchaser from entering into repurchase or lease terms as part of the subsequent conveyance that are unfair or commercially unreasonable or engages in any other unfair or unconscionable conduct. Anderson argued that the language is being refined and that it should remain in the bill. The motion to delete the language failed. The bill was approved and advanced to the Senate floor.
The committee, chaired by Sen. Don Betzold (DFL-Fridley), spent most of the balance of the hearing discussing a bill authorizing the award of attorney fees in certain eminent domain situations and requiring the demonstration of primary public purpose to justify the exercise of eminent domain in some circumstances. S.F. 2037, authored by Sen. Sheila Kiscaden (IP-Rochester), also changes provisions dealing with appraisals, requires the commissioner of transportation to prepare a publication that summarizes the eminent domain process for transportation projects and spells out the process for an award of attorney fees for condemnations. The measure specifies that an award of attorney fees may be made in cases where the amount awarded to the owner as part of the final judgment or award of damages exceeds the last written offer of compensation or the amount deposited with the court by 20 percent or more. The bill also provides that in cases where property is conveyed to a person without the power of eminent domain, the court may not authorize the taking unless the petitioner proves by a preponderance of the evidence that it is reasonably necessary, authorized by law and the final use of property is for a primary public purpose.
Several individuals spoke in support of the measure, citing instances, such as the Walser car dealership taking by the city of Richfield for the new Best Buy corporate headquarters, as examples of the unfair use of eminent domain. The panel discussed the use of the word "primary" in the phrase "primary public purpose" and ultimately adopted an amendment changing the word to "primarily." Due to time constraints, the committee was unable to hear opposition testimony and laid the bill over for further discussion.
Members did approve several additional bills. S.F. 2065, sponsored by Sen. Satveer Chaudhary (DFL-Fridley), amends the definition of "municipality" for purposes of the Municipal Tort Claims Act to include a limited partnership in which a community action agency is the sole general partner. The measure was recommended for placement on the Consent Calendar. S.F. 2498, carried by Sen. Wesley Skoglund (DFL-Mpls.), provides that ex parte orders for protection and temporary restraining orders are effective upon a referee's signature. The measure was advanced to the Senate floor.
Betzold sponsored two measures. S.F. 2131, the revisor's bill, corrects erroneous, ambiguous, and omitted text and obsolete references. S.F. 2332 makes changes to the Uniform Commercial Code relating to warranties and liability with respect to remotely created items. Both bills were advanced to the Senate floor.
Members also re-referred S.F. 2041, relating to recording and registration fees, to the Finance Committee. The bill, sponsored by Sen. Julie Rosen (R-Fairmont), was not actually heard by the committee because the measure is more properly under the jurisdiction of the Finance Committee.
H.F. 778 walks a fine line between interested parties, Neuville said. Some think the bill reduces child support obligations too far, he said, while others argue the bill does not go far enough in reducing obligations. Every case in family law is different, Neuville said, and lawmakers cannot anticipate every situation.
Committee members adopted all the amendments Neuville offered. One of the amendments permits courts to limit child care expenses to the market rate, as determined by the Dept. of Human Services, if market-rate child care is proven to be available by the obligor. If market-rate child care is not available, Neuville said, the obligor must pay the actual rate for child care. Another amendment clarifies existing permission granted to reduce child support debt or arrearages if all parties agree to the reduction. The Dept. of Human Services must request the University of Minnesota and a university in the MnSCU system to conduct separate economic analyses of the child support guidelines of the bill, under another amendment. Jennifer Hamm, a parent, said the need for the study confirms that the guidelines in the bill are not based on reliable data. She urged the panel not to approve changes in child support until the study has been completed. The study must be reported to the Legislature by Jan. 15, 2005, Neuville said, and the new guidelines do not take effect until 2006. There will be time to adjust the guidelines if the economic analyses show such action is needed, he said. Another amendment provides for a parenting time adjustment and presumes that noncustodial parents are entitled to 30 percent overnight parenting time per year. The amendment delinks time and money, Neuville said, while encouraging noncustodial parents to spend more time with their children.
Members also adopted an amendment, offered by Betzold, providing that the burden of proof when considering a request to move a child out of state, and when applying a best interests standard, is on the parent requesting to move the child. Betzold said the provisions in the amendment had already passed the Senate, last year, in S.F. 566. H.F. 778 was approved and re-referred to the Finance Committee.
In other action, committee members approved S.F. 1841 and advanced the measure to the Finance Committee. Authored by Sen. Steve Dille (R-Dassel), the bill transfers responsibility for issuing marriage licenses from the court administrator to the local registrar. The bill also establishes an initiative to promote marriage and responsible fatherhood among unmarried urban parents who are expecting or have recently had a child. Dille also carried S.F. 1846, which expands the parent education program requirements to include all cases involving children, not just contested custody cases. The measure also requires the program to be for at least 10 hours and requires parents to begin participation in the program within 45 days of receiving the summons. The bill was laid over for interested parties to resolve concerns raised by committee members relating to the feasibility of widespread compliance with the expanded requirements.
Betzold also said that in a previous committee, a number of amendments had been adopted that needed clarification. As a result, he said, Sen. Steve Dille (R-Dassel) had been working with interested parties to draft an amendment.
The amendment relates to the issue of replacing a dangerous animal after the bill becomes law. The amendment provides that a person may replace a prohibited animal in their possession after the effective date and that a person may replace a member of the Felidae family-tiger, lion or other large cat-with an average adult weight over 50 pounds only once. In addition, the amendment specifies that individuals are encouraged not to obtain a replacement prohibited animal. Other portions of the amendment provide that if a prohibited animal is sedated, a microchip must be implanted and information about the microchip be reported to the local law enforcement authority. The amendment also clarifies provisions relating to transporting dangerous animals and inspections by local animal control authorities.
Debate on the amendment centered on the provisions relating to replacing a dangerous animal. Committee members said it was unclear if the animal could be replaced every time an animal died or just once. Members adopted an amendment to the amendment specifying that a dangerous animal that dies may be replaced once after the effective date of the law. Language relating to members of the Felidae family and encouraging individuals not to replace animals was deleted. The amendment was adopted and the bill advanced to the Senate floor.
In other action, the panel approved several additional bills. S.F. 2165, sponsored by Betzold, specifies the authority of courts to give a guardian the power to consent to the administration of neuroleptic medications. The bill was advanced to the full Senate. S.F. 1848, also carried by Betzold, establishes a Predatory Offender Screening Committee to make recommendations to the commissioner of corrections regarding referral of sex offenders to civil commitment proceedings. The measure was approved and re-referred to the Crime Prevention and Public Safety Committee.
S.F. 1384, sponsored by Sen. Lawrence Pogemiller (DFL-Mpls.), includes status with regard to adoption in the definition of familial status and prohibits discrimination based on status with regard to adoption by employers. Pogemiller said he was not aware that there is a large problem, but that the bill closes a gap in protection for prospective adoptive parents. The measure was approved and advanced to the Senate floor. Members also heard a bill making a change in the Minnesota Common Interest Ownership Act by requiring county review and approval of subdivisions. S.F. 1804, sponsored by Sen. Carrie Ruud (R-Breezy Point), was laid on the table at the author's request in order to continue discussions with interested parties and arrive at a compromise.
Sen. Steve Dille (R-Dassel) carried two bills. S.F. 1841 increases the amount of the marriage license fee to be retained by counties, requires a portion of the fee to be deposited in the special revenue fund for an appropriation for the Minnesota healthy marriage and responsible fatherhood initiative and requires local registrars to annually report to the Department of Health the number of marriage licenses issued under the reduced fee for completion of premarital education. S.F. 1846 requires parents, involved in contested custody or parenting time cases, to participate in a parent education program for a minimum of ten hours. S.F. 2277, authored by Neuville, establishes standards and procedures for the emancipation of minors.
Neuville said the bill is primarily a recodification of the laws dealing with divorce, legal separation, annulment, maintenance, property division, custody, parenting time and visitation. In addition, the measure incorporates a new "income shares" model for the child support guidelines.
The amendments Neuville distributed deal with a range of issues. "I want the bill to be fair and balanced," he said and urged interested parties to contact him with comments. One amendment requires the review of the guidelines every four years and removes the five percent cap on the cost of health care. A second amendment changes a dollar amount, from $50 to $75, when it is presumed there has been a substantial change in circumstances and the current order is presumed to be unreasonable if when applied to the parties' current circumstances, the presumptive child support amount derived under the bill is at least 20 percent, and at least $75 per month, higher or lower than the current support order. A third amendment deletes over-the-counter medicines from the definition of unreimbursed medical expenses and specifies that deviation from the presumptive guideline amount is intended to encourage prompt and regular payment of child support and to prevent the impoverishment of either the child or the obligor.
A fourth amendment provides that the court may limit child care expenses to the prevailing amount paid for child care in the city or county of residence of the obligee. Another amendment sets forth objective criteria for the abatement of support arrearages. A sixth amendment clarifies that the court shall presume that a subsequent order for support automatically supersedes a previous order relating to the same obligor and child. A seventh amendment directs the commissioner of human services to enter into a contract for an analysis of the child support guidelines to determine whether the guidelines fairly represent the cost of raising children, whether the standards for medical support and child care fairly apportion the costs between parents and whether the guidelines fairly reflect each parent's ability to provide basic housing needs.
Committee Chair Don Betzold (DFL-Fridley) offered an amendment specifying a best interest standard when the court is considering the request of the parent with whom the child resides to move the child's residence out of state. The amendment also specifies factors to take into consideration.
Neuville submitted four additional amendments. One amendment provides that "child care costs" means 75 percent of the actual child care costs to reflect the value of state and federal tax credits. Another amendment relates to a mandatory reserve, disallowing parent time when it is prohibited and taking into account waiting list time for the basic sliding fee childcare program. Another amendment changes the percentages in the support guidelines table to dollar amounts. The final amendment attempts to de-link the time equals money conflict in parent time adjustments. "The hope is children will get more time with each parent and conflict will be minimized," Neuville said.
In other action, the committee advanced two bills. S.F. 1836, sponsored by Sen. David Knutson (R-Burnsville), makes a number of changes in business filing procedures for the Secretary of State's Office. Knutson said the changes are an attempt to streamline the process for e-filings for business corporations. Burt Black, Secretary of State's Office, said the bill also eliminates a number of filings and places them with the agencies that have jurisdiction. In addition, Black said, the bill will eliminate several large mailings the Secretary of State has had to do. In their place, he said, the office will be able to simply mail a post card to serve as a reminder for corporations to file annually. The bill was approved and advanced to the State and Local Government Operations Committee.
The committee also approved S.F. 1797. The bill, authored by Betzold, provides another ground for extending an order of protection. Under the bill, an order may be extended if the respondent is incarcerated and about to be released or has recently been released. The bill was forwarded to the full Senate.
The final bill, S.F. 1529, modifies provisions relating to the standard of conduct for directors, officers, governors and managers of corporations and limited liability companies. The bill, authored by Sen. Sandra Pappas (DFL-St. Paul), specifies that a director must discharge the duties of the position in good faith, in a manner the director reasonably believes to be in the best interests of the corporation, but not at the expense of the environment, human rights, the public health or safety, the communities in which the corporation operates or the dignity of its employees. Supporters said the bill allows corporations to look beyond short term gains when operating the corporation without fear of liability. Opponents said the bill ignores many of the good things corporations do, contains language that is too broad and indefinable and opens the door to a flood of litigation. No action was taken on the bill.
Kelley also sponsored S.F. 1829, a bill making technical changes to laws regulating the organization, structure and governance of business partnerships. Kelley said the bill makes it easier for corporations to conduct their work, while continuing to protect the rights of minority shareholders. The measure incorporates recommendations from the business law section of the bar association and makes no substantive changes, Kelley said. The measure was approved and advanced to the Finance Committee.
S.F. 1803, authored by Sen. John Hottinger (DFL-St. Peter), enacts and modifies the Uniform Limited Partnership Act of 2001. Hottinger said the bill creates a stand alone Limited Partnership Act by making changes that delink limited partnerships from the general partnership act and the Revised Uniform Partnership Act. The measure was also approved and advanced to the Finance Committee.
The committee also approved a bill enacting revisions to the Uniform Commercial Code Article 1 and Article 7. The measure, carried by Committee Chair Don Betzold (DFL-Fridley), incorporates recommendations made by the National Conference of Commissioners on Uniform Laws, Betzold said. The bill was approved and advanced to the Senate floor.
The final bill heard by the committee generated considerable discussion. The measure, S.F. 1233, authored by Sen. Julianne Ortman (R-Chanhassen), allows a person to bring actions to compel the state or a local unit of government to commence condemnation proceedings if the state enters into a market for goods or services that forces the person out of business. Ortman said there has been a movement by cities and counties into garbage collection. The bill, Ortman said, allows a business to sue if a governmental unit enters a market and forecloses an existing business from the market.
When the government enters a market, it is no longer an open market, Ortman said and businesses that are forced from the market should have some recourse. Chuck Wegner, DFI Waste Systems of North America, Inc., said many trash haulers are family owned businesses and when government displaces a business there should be a forum to determine if damages have occurred. Don Williamson, a garbage hauler from Willmar, said that a county threatened to put him out of business.
Opponents of the measure said local units of government are not interested in putting people out of business. Keith Carlson, Metro Inter-county Association, said there are many other activities that could be impacted by the bill. Carlson said the bill could affect the delivery of health and social services, corrections services and recreational services in addition to solid waste management. He said the bill has potential liability for taxpayers because local units of government must be able to maintain a consistent waste stream to incineration and refuse derived fuel facilities. Carlson said a court ruling prevents counties from requiring all waste haulers to deliver waste to county facilities.
Committee members also expressed concern that the measure is too broad. The bill was laid over in order for Ortman to continue working on the measure.
S.F. 1121, sponsored by Sen. Leo Foley (DFL-Coon Rapids), establishes the Minnesota False Claims Act. The measure prohibits false claims against the state and sets penalties. Under the bill, anyone who makes a false claim against the state is liable to the state for a civil penalty of not less than $5,000 and not more than $10,000, plus 3 times the amount of damages which the state sustains. The bill does provide exceptions that a court may find to relieve the liability. The bill also sets forth the responsibilities of the Attorney General's Office under the measure and specifies that the standard of proof is a preponderance of the evidence. The bill also provides that a judgment in favor of the state in a criminal proceeding estops the defendant from denying the essential elements of the offense in a civil action.
Deborah Peterson, Attorney General's Office, said the measure is needed as an additional tool against Medicaid fraud. She said the bill's standard of proof is different than current fraud law and will help in the prosecution of false claims against the state. She said a recent case had to be prosecuted in cooperation with federal authorities because Minnesota lacked a false claims statute. However, Julie Brunner, executive director, Minnesota Council of Health Plans, said the bill is unnecessary because of existing fraud laws. "No one can argue with the goal of the bill, but the bill is very broad and allows the state to bring suit without proving damages," Brunner said.
Sen. Thomas Neuville (R-Northfield) said the bill could have many unintended consequences. Sen. Wesley Skoglund (DFL-Mpls.) said that perhaps the measure needed a minimum dollar amount for the false claim. Betzold moved to amend the bill to specify the false claim must be in excess of $10,000 and to delete the provision concerning estoppel. The amendment was adopted.
Neuville offered an amendment specifying the court may assess not more, rather than not less, two times the amount of damages which the state sustains in cases where at the time a person furnished the state with information about the violation, no criminal or civil action had begun and the person did not have knowledge of an investigation.
Sen. Julianne Ortman (R-Chanhassen) said the bill granted extraordinary powers to the attorney general and urged members to vote against the measure. Foley countered that the bill is a necessary tool for the office to use in instances where false claims have been made.
The bill was approved and advanced to the Senate floor on a 6-4 roll call vote.
Members also approved a bill clarifying plat and survey approval requirements. The bill, S.F. 1653, authored by Sen. Yvonne Prettner Solon (DFL-Duluth), provides that in counties that do no have a full-time surveyor, a licensed land surveyor hired by the county may approve plats. The bill was re-referred to the State and Local Government Operations Committee.
The committee also began work on a bill specifying local government authority in limiting the operation of shooting ranges. S.F. 462, carried by Sen. Jim Vickerman (DFL-Tracy), specifies the circumstances under which a shooting range may be closed or relocated by a local government unit.
Les Bensch, Viking Valley Hunt Club, spoke in support of the measure. He said the bill is an attempt to be proactive, because hunt clubs and shooting ranges that have been in existence for many years are being surrounded by new development. He said the organizations supporting the bill are not opposed to development, but that the shooting ranges were in danger of being driven out of business.
Betzold said the bill contained numerous issues that needed to be dealt with by the committee including standards courts must use, nuisance issues, eminent domain and liability issues. Testimony was heard on the bill but no action was taken because of time limitations.
The issue was before the committee last year, said Committee Chair Don Betzold (DFL-Fridley), and the panel is working off the language agreed to last year. Knutson said the language attempts to accommodate many of the interests involved, including both employers and employees. He said the threat of litigation over references now is too great and many employers have resorted to providing no references at all, but only provide the most basic data about an employee. Such practices, Knutson said, unfairly penalize good employees. Employment attorney Ellen Sampson said many employers now resort to conducting criminal background and credit checks on applicants because they cannot count on getting reliable references about prospective employees. Sampson said application of the measure will create a pattern that protects employers, employees and people who come in contact with employees.
H.F. 480 provides that a cause of action may not be maintained against an employer for disclosing information unless it can be proven by clear and convincing evidence that the information was false and defamatory and that the employer knew or should have known the information was false and acted with malicious intent to injure the current or former employee. The measure protects employers disclosing dates of employment, compensation and wage history, job description and duties and training and education provided by the employer. The bill also protects employers disclosing, in writing only, information relating to acts of violence, theft, harassment or illegal conduct that resulted in disciplinary action or resignation and any employee response to the action. H.F. 480 also extends immunity to employers if the employee authorizes in writing the disclosure of written employee evaluations, written disciplinary warnings and actions in the previous five years and written reasons for separation from employment. The bill requires the employer to provide the employee with a copy of the information disclosed and to indicate to whom it was disclosed.
Knutson also sponsored S.F. 1745, which contains trust provisions discussed by the committee in 2003, as well as amendments to laws passed last year governing guardians and conservators. The provisions of the bill were proposed by the probate law section of the Minnesota State Bar Association. Members adopted an author's amendment removing a section providing for trusts for the care of animals. Knutson said the Dept. of Human Services and the bar association were unable to reach agreement on the language in the pet trusts section. S.F. 1745 was also advanced to the full Senate.
Sen. Thomas Neuville (R-Northfield) carried S.F. 1621, which provides for certificates of mortgage satisfaction. The certificates must contain information relative to the original mortgage parties and a statement that the assignee is the holder, owner or successor of the mortgagee's interest in the mortgage. Chuck Parsons, legislative committee chair of the real estate section of the bar association, said that because many lending institutions have changed their names or been sold in past 15 or 20 years, homeowners are having a hard time proving their mortgages have been satisfied. The bill validates the thousands of mortgages signed by old entities, he said. The bill was recommended for placement on the Consent Calendar.
Steve Huot, formerly of the Dept. of Corrections and now with the Dept. of Human Services, told the panel of the Dept. of Corrections past process. He said civil commitment review began 14 months before release with a review team making a preliminary determination about commitment. Huot said that at three or four months before release the department conducted an end of confinement review of the offender to determine the community notification level. The department has the responsibility for screening the sex offenders in prison and making a preliminary determination whether to forward a case to the county attorney for their consideration of civil commitment, Huot said.
The interim process, reviewed by Harley Nelson, assistant commissioner, Dept. of Corrections, differs in that there are additional members of the review team and that case managers screen offenders with wider parameters to identify cases to forward to the central office. Nelson said the proposed process includes a legal professional on the review team to provide a legal perspective on the determination to forward an offender for civil commitment. In addition, Nelson said the department wants to ensure that all investigative information is available for the department's sex offender evaluations.
Hennepin County Attorney Amy Klobuchar explained the operations of the Hennepin County Attorney's Office in dealing with civil commitment for sex offenders. She said the county has received 107 cases in recent months in contrast to 3 cases the year before. She said the number of cases places a burden on the county when the cases are not received in a timely manner because some offenders have been released from prison and must be housed by the county during the commitment process. In addition, urban counties have a disproportionate number of sex offenders because they have the largest population and because offenders move to urban areas from other parts of the state.
John Kirwin, assistant county attorney, presented the legal history of the civil commitment process. Mark Ponsolle, assistant county attorney, Ramsey County Attorney's Office, presented information about Ramsey County's experience with the civil commitment process.
The first measure, S.F. 959, authored by Sen. Dallas Sams (DFL-Staples), changes the law dealing with the discretionary expungement of eviction records. Under the bill, the court could order expungement of an eviction case court file only upon the motion of a defendant and decisions by the court and only if the court makes an explicit written finding that the landlord's case is without basis in fact or law. In addition, the measure specifies that a case being stricken, dismissed or settled, or an agreement between the parties to allow expungement, does not determine that the case was without basis in fact or law.
Jack Horner, representing the Minnesota Multi Housing Association, said the bill tightens the requirements for expungement of records. He said there is a growing inability on the part of landlords to find a complete history of prospective tenants because records have been expunged.
The second bill, S.F. 883, sponsored by Sen. Linda Berglin (DFL-Mpls.), provides that a court may order expungement if the court finds that there is a change in circumstances for the tenant that indicate that the eviction case is not a reasonable predictor of future behavior. In addition, the bill also spells out circumstances for mandatory expungement of eviction case court files. The measure specifies that records be expunged if the court finds that the tenant prevailed in the action, or the landlord's case is sufficiently without basis in fact or law. Berglin said the bill provides for more expungements. She said, "Most of the time, when people experience evictions it is not because they are criminals, but because they have fallen on hard economic times. This is one way to help alleviate homelessness, because individuals won't have harmful information on their records."
Committee members tried to reconcile the two bills, but were unable to do so. Sen. Julianne Ortman (R-Chanhassen) said, "It seems that the current laws dealing with landlords and tenants are very carefully balanced and I think it might be best to leave them that way." After further discussion, Sen. John Marty (DFL-Roseville), moved to lay both measures on the table. The motion was adopted.
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