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Judiciary Policy and Finance

TWENTY-SIXTH MEETING

2011-2012 Regular Session - Wednesday, May 4, 2011

STATE OF MINNESOTA TWENTY-SIXTH MEETING
HOUSE OF REPRESENTATIVES EIGHTY- SEVENTH SESSION

JUDICIARY POLICY AND FINANCE COMMITTEE

MINUTES

Representative Smith, Chair of the Judiciary Policy and Finance Committee, called the meeting to order at 8:20 A. M. on May 4, 2011, in the Basement Hearing Room of the State Office Building.

The Committee Legislative Assistant noted the roll.

Committee members present:


SMITH, Steve Smith, Chair LAINE, Carolyn
SHIMANSKI, Ron, Vice Chair LESCH, John
JOHNSON, Sheldon, DFL Lead LIEBLING, Tina
ANDERSON, Diane MAZOROL, Pat
CHAMPION, Bobby Joe MELIN, Carly
CORNISH, Tony SCHOMACKER, Joe
GRUENHAGEN, Glenn VOGEL, Bruce
HILSTROM, Debra WARDLOW, Doug
KRIESEL, John


No committee members were excused.

A quorum was present.

Representative Wardlow moved approval of the May 3, 2011 Judiciary Policy and Finance Committee minutes. THE MOTION PREVAILED.

HF1535 (Cornish) DWI, off-highway vehicle, drive-by shooting, designated offense, and controlled substance forfeiture laws changes made to provide more uniformity; monetary cap raised on the value of property forfeitures that may be adjudicated in conciliation court; forfeited property prohibited from being sold to prosecuting authorities or persons related to prosecuting authorities; state law enforcement agencies required to report on the transfer of cases involving forfeiture to the federal government; and general criminal code forfeiture law, necessity of conviction, and burden of proof clarified.

Representative Cornish moved that HF1535, 1st Engrossment, be recommended to pass and re-referred to the Ways and Means Committee.

Representative Cornish presented HF1535, 1st Engrossment.

John Kingrey, Minnesota County Attorneys Association, and Rebecca Otto, Office of the State Auditor, testified on HF1535, 1st Engrossment.

Representative Cornish moved to orally amend HF1535, 1st Engrossment, by deleting Section 24. THE ORAL AMENDMENT WAS ADOPTED.

Representative Cornish moved to amend the original motion so that HF1535, 1st Engrossment, as amended, be recommended to pass placed on the General Register. THE MOTION PREVAILED.

HF0770 (Mazorol) Interest on verdicts, awards, and judgments regulated.

Representative Mazorol moved that HF0770, 1st Engrossment, be recommended to pass and placed on the General Register.

Representative Mazorol presented HF0770, 1st Engrossment.
Bob Johnson, Insurance Federation of Minnesota, Gary Carlson, League of Minnesota Cities, Keith Carlson, Minnesota Inter-County Association, Jim Carey, Minnesota Association for Justice, Joel Carlson, Minnesota Association for Justice, Stephen Baker, MHAO, testified on HF0770, 1st Engrossment.

Representative Smith laid over HF0770, 1st Engrossment, for possible inclusion in an omnibus bill or further action at a later time.

HF0654 (Wardlow) Limitation period reduced for bringing certain actions.

Representative Wardlow moved that HF0654, 1st Engrossment, be recommended to pass and placed on the General Register.

Representative Wardlow presented HF0654, 1st Engrossment.

Dale Thornsjoe, Minnesota Defense Lawyers Association, Jim Carey, Minnesota Association for Justice, Joel Carlson, Minnesota Association for Justice, testified on HF0654, 1st Engrossment.

Representative Smith laid over HF0654, 1st Engrossment, for possible inclusion in an omnibus bill or further action at a later time.

HF1467 (Cornish) Firearms; mental health commitment information to the National Instant Criminal Background Check System required, permit renewal time period extended, annual background check provided, courts required to report certain data, authority of public officials clarified and delimited, defense of home and person law clarified, Minnesota's self-defense and defense of home laws codified and extended, common law duty to retreat eliminated, boundaries of dwelling expanded, presumption created, available rights extended, and Minnesota recognition provided of other states' permits to carry.

Representative Cornish moved that HF1467 be recommended to pass and placed on the General Register.

Representative Cornish moved to orally amend the A11-0425 amendment as follows:
Page 1, line 1.4, after "subdivision 2" insert a semi-colon. THE ORAL AMENDMENT WAS INCORPORATED.

Representative Cornish moved the A11-0425 amendment, as incorporated. THE AMENDMENT AS ADOPTED.

Representative Cornish moved to orally amend HF1467 as follows:
Page 2, delete lines 2.5 to 2.7 after the first period on line 2.5.
Delete ARTICLE 1, Section 6.
Page 5, delete lines 5.3 to 5.15.
THE ORAL AMENDMENT WAS ADOPTED.

Representative Cornish presented HF1467, as amended.

Joseph E. Olson, Gun Owners Civil Rights Alliance/Hamline University Law Professor, Donovan Kuehl, David Pecchia, Jared Jordal, Government Affairs Diretor, Department of Public Safety, Heather Martens, Protect MN: Working to End Gun Violence, Dennis Flaherty, MN Police and Peace Officers Association, Jacob Fry, Protect Minnesota, testified on HF1467, as amended.

Representative Melin withdrew the H1467A1 amendment.

Representative Melin moved the H1467A3 amendment, THE AMENDMENT WAS NOT ADOPTED.

Representative Melin moved the H1467A2 amendment, THE AMENDMENT WAS NOT ADOPTED.


Representative Hilstrom moved to orally amend HF1467, as amended, as follows:
Page 3, delete lines 3.26 to 3.27 after the second period on line 3.26. THE ORAL AMENDMENT WAS NOT ADOPTED.

Representative Cornish renewed the motion that HF1467, as amended, be recommended to pass and placed on the General Register.

Representative Hilstrom moved to amend the original motion so that HF1467, as amended, be recommended to pass and re-referred to the Civil Law Committee.

Representative Hilstrom withdrew her amendment.

Representative Cornish renewed the motion that HF1467, as amended, be recommended to pass and placed on the General Register. THE MOTION PREVAILED.

Representative Smith adjourned the meeting at 10:04 A.M.



REPRESENTATIVE SMITH, CHAIR

Erin A. Eden
Committee Legislative Assistant
More Info On This Meeting..
Bills Added:
  • HF1535 (Cornish) - DWI, off-highway vehicle, drive-by shooting, designated offense, and controlled substance forfeiture laws changes made to provide more uniformity; monetary cap raised on the value of property forfeitures that may be adjudicated in conciliation court; forfeited property prohibited from being sold to prosecuting authorities or persons related to prosecuting authorities; and general criminal code forfeiture law, necessity of conviction, and burden of proof clarified.
  • HF1467 (Cornish) - Firearms; public official authority to disarm individuals at any time clarified and delimited; Minnesota's self-defense and defense of home laws clarified, codified, and extended; common law duty to retreat eliminated; self-defense dwelling boundaries expanded; dwelling or occupied vehicle entrance by stealth or force presumption created; rights available extended to defense against unlawful entry of an occupied vehicle; and other states' permits to carry a pistol within and under the laws of Minnesota recognition provided.
  • HF0770 (Mazorol) - Interest on verdicts, awards, and judgments regulated.
  • HF0654 (Wardlow) - Limitation period reduced for bringing certain actions.
Documents:
  • - 5/3/2011
  • - 5/3/2011
  • - 5/3/2011
  • - 5/3/2011
  • - 5/3/2011
  • - 5/3/2011
  • - 5/3/2011
  • - 5/3/2011

HF770 and HF654 added as postponed business from the May 3 hearing.
Other Bills May Be Added