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Judiciary Policy and Finance

TWENTY-SEVENTH MEETING

2011-2012 Regular Session - Thursday, May 5, 2011

STATE OF MINNESOTA TWENTY-SEVENTH 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 8:23 A. M. on May 5, 2011, in Room 10 (Ground Floor) of the State Office Building.

The Committee Legislative Assistant noted the roll.

Committee members present:

SMITH, Steve, Chair
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


Committee members excused:
LAINE, Carolyn

A quorum was present.

Representative Shimanski moved approval of the May, 4, 2011 Judiciary Policy and Finance Committee minutes. THE MOTION PREVAILED.

HF0006 (Cornish) Convicted sex offender indeterminate sentencing provided.
Representative Shimanski moved that HF0056 be recommended to pass and re-referred to the Civil Law Committee.

Representative Cornish moved that HF0006, 1st Engrossment, be recommended to pass and re-referred to the Ways and Means Committee.

Representative Cornish presented HF0006, 1st Engrossment.

Representative Cornish moved to orally amend HF0006, 1st Engrossment, as follows:
Page 3, line 3.26, delete "August 1, 2011" and insert "July 1, 2013". THE ORAL AMENDMENT WAS ADOPTED.

Representative Cornish renewed the motion that HF0006, 1st Engrossment, as amended, be recommended to pass and re-referred to the Ways and Means Committee. THE MOTION PREVAILED.

HF1423 (Gottwalt) Adoption assistance reform provided.

Representative Smith moved that HF1423, 2nd Engrossment, be recommended to pass and re-referred to the Ways and Means Committee.

Representative Smith moved the H1423A4 amendment. THE AMENDMENT WAS ADOPTED.

Representative Gottwalt presented HF1423, 2nd Engrossment, as amended.

Ann Ahlstrom, Department of Human Services, and Christeen Borsheim, Department of Human Services, testified on HF1423, 2nd Engrossment, as amended.
Representative Smith renewed the motion that HF1423, 2nd Engrossment, as amended, be recommended to pass and re-referred to the Ways and Means Committee. THE MOTION PREVAILED.

HF1001 (Woodard) Organized retail theft crime created and added to list of designated offenses.

Representative Smith moved that HF1001 be recommended to pass and re-referred to the Ways and Means Committee.

Representative Smith moved the H1001A1 amendment. THE AMENDMENT WAS ADOPTED.

Representative Woodard presented HF1001, as amended.

David Brown, Minnesota County Attorneys Association, testified on HF1001, as amended.

Representative Smith renewed the motion that HF1001, as amended, be recommended to pass and re-referred to the Ways and Means Committee. THE MOTION PREVAILED.

HF0705 (Crawford) Counties permitted to perform private audits that meet state auditor requirements, publication and reporting requirements eliminated, building code official designation made permissive, county clerk hiring requirements repealed, seed and feed loan provisions repealed, group insurance mandates for governmental units repealed, and clarifying and technical changes made.

Representative Smith moved that HF0705, 1st Engrossment, be recommended to pass and re-referred to the Ways and Means Committee.

Representative Smith moved the A11-0380 amendment. THE AMENDMENT WAS ADOPTED.

Representative Smith moved the H0705A3 amendment. THE AMENMENT WAS ADOPTED.

Representative Smith moved to orally amend HF0705, 1st Engrossment, as amended, as follows: Page 3, line 3.11, delete Section 4, lines 3.11-3.22. THE ORAL AMENDMENT WAS ADOPTED.

Representative Crawford presented HF0705, 1st Engrossment, as amended.

Geno Fragnito, Government Relations Director, Minnesota Society of CPAs, testified on HF0705, 1st Engrossment, as amended.

Representative Shimanski assumed the gavel at 9:02 A.M.

Representative Smith assumed the gavel at 9:03 A.M.

Rebecca Otto, Office of the State Auditor, Keith Carlson, Minnesota Inter-County Association, and Lisa Rund, League of Minnesota Cities, testified on HF0705, 1st Engrossment, as amended.

Representative Johnson moved the A11-0435 amendment. THE AMENDMENT WAS ADOPTED.

Representative Smith moved the H0705A2 amendment. THE AMENDMENT WAS ADOPTED.

Representative Smith renewed the motion that HF0705, 1st Engrossment, as amended, be recommended to pass and re-referred to the Ways and Means Committee.


Representative Hilstrom requested a roll call vote. The results were as follows:

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


On a vote of 9 AYES and 6 NAYS, THE MOTION PREVAILED.

HF0211 (Wardlow) Unlawful or deceptive trade practice actions modified, and class action court order appeals permitted.

Representative Wardlow moved that HF0211, 1st Engrossment, be recommended to pass and re-referred to the Ways and Means Committee.

Representative Wardlow moved the A11-0440 amendment.

Representative Wardlow moved to orally amend the A11-0440 amendment as follows:
Page 6, line 6, delete "occurred" and insert "accrued".
Page 6, line 11, after "action" insert "arising from incidents" and delete "or accruing".
THE ORAL AMENDMENT WAS INCORPOATED.

Representative Wardlow moved the A11-0440 amendment, as incorporated, THE AMENDMENT WAS ADOPTED.

Rebecca Pirius presented HF0211, 1st Engrossment, as amended.

Representative Shimanski assumed the gavel at 9:22 A.M.

Representative Wardlow presented HF0211, 1st Engrossment, as amended.

Representative Smith assumed the gavel at 9:29 A.M.

Joel Carlson, Minnesota Association for Justice, Ron Elwood, Legal Aid, and Tom Grundhoefer, League of Minnesota Cities, testified on HF0211, 1st Engrossment, as amended.

Representative Wardlow renewed the motion that HF0211, 1st Engrossment, as amended, be recommended to pass and re-referred to the Ways and Means Committee.

Representative Hilstrom requested a roll call vote. The results were as follows:

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



On a vote of 9 AYES and 6 NAYS, THE MOTION PREVAILED.


HF1343 (Dettmer) Immunity provided in cases involving the use of school facilities for recreational activities.

Representative Smith moved that HF1343, 1st Engrossment, be recommended to pass and placed on the General Register.

Representative Smith renewed the motion HF1343, 1st Engrossment, be recommended to pass and placed on the General Register. THE MOTION PREVAILED.

HF0358 (Barrett) Immigration law enforcement noncooperation ordinances and policies prohibited, and immigration-related data use provided.

Representative Smith moved that HF0358 be recommended to pass and placed on the General Register.

Representative Barrett presented HF0358.

Darrell Huggett, Hennepin County Sheriff's Office, testified on HF0358.

Representative Smith recessed the hearing at 10:04 A.M.

Representative Smith reconvened the hearing at 10:28 A.M.

Robert Allen, Minneapolis Police Department, Norm Buehler, Minnesotans United for Immigration Reduction, Linda Hunn, Dennis Holman, Bill Martinez, St. Paul Police Department, Virgil Wiebe, University of St. Thomas, Law School, Michele Garnett McKenzie, Rev. John Guttermann, Eva Benavidez Clayton, and Thao Mee Xiong, testified on HF0358.

Representative Johnson moved to amend the original motion so that HF0358 be recommended to pass and re-referred to the Rules and Legislative Administration Committee. THE MOTION IS NOT PREVAIL.

Representative Smith renewed the motion HF0358 be recommended to pass and placed on the General Register. THE MOTION PREVAILED.

HF0868 (Shimanski) Conciliation court civil claim limit increased.

Representative Shimanski moved that HF0868 be recommended to pass and re-referred to the Ways and Means Committee.

Representative Shimanski moved to orally amend HF0868 as follows:
Page 1, line 1.10, delete "15,000" and insert "$10,000".
Page 1, line 1.10, delete "7,500" and insert "$5,000".
Page 1, line 1.11, delete "(3)" and insert "(2)"
Page 1, lines 1.11 and 1.12, restore stricken language
THE ORAL AMENDMENT WAS ADOPTED.

Representative Shimanski renewed the motion that HF0868 be recommended to pass and re-referred to the Ways and Means Committee. THE MOTION PREVAILED.


Representative Smith adjourned the meeting at 11:46 A.M.



REPRESENTATIVE SMITH, CHAIR



Erin A. Eden
Committee Legislative Assistant
More Info On This Meeting..
Bills Added:
  • HF0006 (Cornish) - Convicted sex offender indeterminate sentencing provided.
  • HF0211 (Wardlow) - Liability limits modified for tort claims against the state and political subdivisions, conciliation court claims regulated, class action orders right of appeal provided, statute of limitations on claims modified, prejudgment interest modified, attorney fees regulated, and sex trafficking violations cause of action provided.
  • HF0358 (Barrett) - Immigration law enforcement noncooperation ordinances and policies prohibited, and immigration-related data use provided.
  • HF0705 (Crawford) - Audit requirements delayed for new first class cities, publication and reporting requirements eliminated, surplus law library fund use provided, county clerk hiring requirements repealed, seed and feed loan provisions repealed, and Ramsey County Community Corrections Department duties provided.
  • HF1001 (Woodard) - "Criminal act" definition expanded in the racketeering crime.
  • HF1423 (Gottwalt) - Adoption assistance reform, child protection, child support, and technical and conforming amendments provided.
  • HF0868 (Shimanski) - Conciliation court civil claim limit increased.
  • HF1343 (Dettmer) - Immunity provided in cases involving the use of school facilities for recreational activities.
  • HF1532 (Simon) - Secretary of state duties imposed, and lists of registrants with challenged voting statuses due to felony convictions required.
Documents:
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  • - 5/4/2011

Bills Not Listed in Order of Agenda
HF868, HF1343, HF1532 are bills previously laid over and may be acted upon.
Other bills may be added