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Judiciary Finance and Policy

THIRTY-FIFTH MEETING

2013-2014 Regular Session - Wednesday, March 26, 2014

STATE OF MINNESOTA THIRTY-FIFTH MEETING
HOUSE OF REPRESENTATIVES EIGHTY-EIGHTH SESSION

COMMITTEE ON JUDICIARY FINANCE AND POLICY
Chair, Representative Debra Hilstrom

MINUTES

Rep. Hilstrom, chair of the Committee on Judiciary Finance and Policy, called the meeting to order at 2:18 p.m. on Wednesday March 26, 2014 in Room 10 of the State Office Building.

The Committee Legislative Assistant noted the roll.

Members present:
Hilstrom, Chair
Melin, Vice Chair
Drazkowski, Lead
Bly
Cornish
Hortman
Johnson, B.
Johnson, S.
Lesch
Lien
McNamar
O'Neill
Paymar
Pugh
Scott

A quorum was not present.

A quorum was present at 2:19 p.m.

Rep. Hilstrom moved that HF 2928 (Slocum), criminal vehicular homicide or operation statute technical amendments provided, be re-referred to the General Register.

HF 2928 (Slocum), criminal vehicular homicide or operation statute technical amendments provided.

Pete Cahill, Chief Judge of the 4th Judicial District, testified in support of HF 2928 (Slocum).

Rep. Hilstrom renewed her motion that HF 2928 (Slocum), criminal vehicular homicide or operation statute technical amendments provided, be re-referred to the General Register. THE MOTION PREVAILED. THE BILL WAS RE-REFERRED.

Rep. Hilstrom moved that HF 2574 (Slocum), predatory offender registration requirements modified and clarified, criminal sexual conduct in the third degree crime sentence clarified, be re-referred to the General Register.

HF 2574 (Slocum), predatory offender registration requirements modified and clarified, criminal sexual conduct in the third degree crime sentence clarified.

Katie Engler, Bureau of Criminal Apprehension, testified in support of HF 2574 (Slocum).

Rep. Hilstrom renewed her motion that HF 2574 (Slocum), predatory offender registration requirements modified and clarified, criminal sexual conduct in the third degree crime sentence clarified, be re-referred to the General Register. THE MOTION PREVAILED. THE BILL WAS RE-REFERRED.

Rep. Hilstrom moved to reconsider HF 2928 (Slocum), criminal vehicular homicide or operation statute technical amendments provided. THE MOTION PREVAILED. THE BILL WAS RECONSIDERED.

Rep. Hilstrom moved that HF 2928 (Slocum), criminal vehicular homicide or operation statute technical amendments provided, be re-referred to the General Register.

HF 2928 (Slocum), criminal vehicular homicide or operation statute technical amendments provided.

Rep. Hilstrom renewed her motion that HF 2928 (Slocum), criminal vehicular homicide or operation statute technical amendments provided, be re-referred to the General Register. THE MOTION PREVAILED. THE BILL WAS RE-REFERRED.

Rep. Hilstrom moved that HF 3238 (Schoen), domestic violence restraining order provisions modified to prohibit persons subject to the restraining orders from possessing weapons, and persons convicted of domestic violence offenses required to surrender their firearms while they are prohibited from possessing firearms, be re-referred to the General Register.

Rep. Hilstrom moved to amend HF 3238 (Schoen) with the H3238A4 amendment. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

HF 3238 (Schoen), as amended, domestic violence restraining order provisions modified to prohibit persons subject to the restraining orders from possessing weapons, and persons convicted of domestic violence offenses required to surrender their firearms while they are prohibited from possessing firearms.

The following people testified in support of HF 3238 (Schoen), as amended:
Sara Grewing, St. Paul City Attorney
Carol Arthur, Minnesota Domestic Abuse Project
Paul Schnell, Maplewood Police Chief

Andrew Rothman, Gun Owners Civil Rights Alliance, testified in opposition to HF 3238 (Schoen), as amended.

Jim Franklin, Minnesota Sheriff’s Association, testified in support of HF 3238 (Schoen), as amended.

Chad Nelson, concerned citizen, testified in opposition to HF 3238 (Schoen), as amended.

Rep. Hilstrom renewed her motion that HF 3238 (Schoen), as amended, domestic violence restraining order provisions modified to prohibit persons subject to the restraining orders from possessing weapons, and persons convicted of domestic violence offenses required to surrender their firearms while they are prohibited from possessing firearms, be re-referred to the General Register. THE MOTION PREVAILED. THE BILL WAS RE-REFERRED AS AMENDED.

Rep. Hilstrom moved that HF 3027 (Allen), children and family services provisions modified, Northstar Care for Children program requirements changed, background studies required, and adoption technical changes made, be re-referred to the General Register.

HF 3027 (Allen), children and family services provisions modified, Northstar Care for Children program requirements changed, background studies required, and adoption technical changes made.

John Sellen, Minnesota Department of Human Services, testified in support of HF 3027 (Allen).

Rep. Hilstrom renewed her motion that HF 3027 (Allen), children and family services provisions modified, Northstar Care for Children program requirements changed, background studies required, and adoption technical changes made, be re-referred to the General Register. THE MOTION PREVAILED. THE BILL WAS RE-REFERRED.

Rep. Hortman moved that HF 3215 (Huntley), Department of health, Northstar Care for Children program, continuing care, community first services and supports, health care, and chemical dependency changes made; hospital payment system modified; background study and home and community-based service standards modified; fees set; and rate increases provided, be re-referred to the Committee on Health and Human Services Finance.

HF 3215 (Huntley), Department of health, Northstar Care for Children program, continuing care, community first services and supports, health care, and chemical dependency changes made; hospital payment system modified; background study and home and community-based service standards modified; fees set; and rate increases provided.

Melinda Hugdahl, Legal Aid, testified in support of HF 3215 (Huntley).

Rep. Hortman moved to amend HF 3215 (Huntley) with the H3215A2 amendment. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Rep. Hortman renewed her motion that HF 3215 (Huntley), as amended, Department of health, Northstar Care for Children program, continuing care, community first services and supports, health care, and chemical dependency changes made; hospital payment system modified; background study and home and community-based service standards modified; fees set; and rate increases provided, be re-referred to the Committee on Health and Human Services Finance. THE MOTION PREVAILED. THE BILL WAS RE-REFERRED AS AMENDED.

Rep. Hilstrom moved that HF 2481 (Selcer), pupil transportation; seat belt cutters required in type III vehicles, school bus drivers required to conduct post-trip inspections, bus endorsement reporting and cancellation requirements modified, and penalties provided, be re-referred to the General Register.

Rep. Hilstrom moved to amend HF 2481 (Selcer) with the H2481A4 amendment. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

HF 2481 (Selcer), as amended, pupil transportation; seat belt cutters required in type III vehicles, school bus drivers required to conduct post-trip inspections, bus endorsement reporting and cancellation requirements modified, and penalties provided.

The following people testified in support of HF 2481 (Selcer), as amended:
Nancy Silkey, Minnesota State Patrol
Brian Reu, Minnesota State Patrol

Rep. Melin assumed the gavel at 3:39 p.m.

Rep. Hilstrom assumed the gavel at 3:41 p.m.

Thomas Keliher, Minnesota School Bus Operators Association, testified in opposition to HF 2481 (Selcer), as amended.

Rep. Hilstrom renewed her motion that HF 2481 (Selcer), as amended, pupil transportation; seat belt cutters required in type III vehicles, school bus drivers required to conduct post-trip inspections, bus endorsement reporting and cancellation requirements modified, and penalties provided, be re-referred to the General Register. THE MOTION PREVAILED. THE BILL WAS RE-REFERRED AS AMENDED.

Rep. Hilstrom moved that HF 859 (Simon), landlords and tenants; victims of violence additional remedies created, be re-referred to the General Register.

Rep. Hilstrom moved to amend HF 859 (Simon) with the < ahref="/comm/minls88/H0859DE3.htm">H0859DE3 amendment. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

HF 859 (Simon), as amended, landlords and tenants; victims of violence additional remedies created.

The following people testified regarding HF 859 (Simon), as amended:
Ron Elwood, Legal Aid
Todd Liljenquist, Minnesota Multi-Housing Association

Rep. Hilstrom renewed her motion that HF 859 (Simon), as amended, landlords and tenants; victims of violence additional remedies created, be re-referred to the General Register. THE MOTION PREVAILED. THE BILL WAS RE-REFERRED AS AMENDED.

Rep. Johnson, S. moved that HF 2386 (Johnson, S.), petition for relief from conviction modified, reimbursement report by Board of Public Defenders eliminated, and notice to offender for restitution modified, be re-referred to General Register.

Rep. Johnson, S. moved to amend HF 2386 (Johnson, S.), as amended, with the A14-0990 amendment. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

HF 2386 (Johnson, S.), as amended, petition for relief from conviction modified, reimbursement report by Board of Public Defenders eliminated, and notice to offender for restitution modified.

Kevin Kajer, Minnesota Board of Public Defense, testified in support of HF 2386 (Johnson, S.), as amended.

Rep. Drazkowski moved to amend HF 2386 (Johnson, S.), as amended, with the H2386A1 amendment. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Rep. Johnson, S. renewed his motion that HF 2386 (Johnson, S.), as amended, petition for relief from conviction modified, reimbursement report by Board of Public Defenders eliminated, and notice to offender for restitution modified, be re-referred to General Register. THE MOTION PREVAILED. THE BILL WAS RE-REFERRED AS AMENDED.


Rep. Lesch moved that HF 2958 (Lesch), human rights; jury trials required for unfair discriminatory practice civil actions, be re-referred to the General Register.
HF 2958 (Lesch), human rights; jury trials required for unfair discriminatory practice civil actions.

Frances Baillon, attorney, testified in support of HF 2958 (Lesch).

Ben Gerber, Minnesota Chamber of Commerce, testified in opposition to HF 2958 (Lesch).

Rep. Lesch renewed his motion that HF 2958 (Lesch), human rights; jury trials required for unfair discriminatory practice civil actions, be re-referred to the General Register. THE MOTION PREVAILED. THE BILL WAS RE-REFERRED.

Rep. Lesch moved that HF 2925 (Lesch), exonerated persons compensated, be re-referred to the Committee on Civil Law.

Rep. Lesch moved to amend HF 2925 (Lesch) with the H2925DE3 amendment. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Rep. Hilstrom moved to reconsider the H2925DE3 amendment to HF 2925 (Lesch), as amended. THE MOTION PREVAILED. THE AMENDMENT WAS RECONSIDERED.

Rep. Lesch moved to amend HF 2925 (Lesch) with the H2925DE1 amendment. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

HF 2925 (Lesch), as amended, exonerated persons compensated.

John Hopeman, Minnesota Innocence Project, testified in support of HF 2925 (Lesch), as amended.

Rep. Melin assumed the gavel at 4:23 p.m.

The following people testified regarding HF 2925 (Lesch), as amended:
Michael Hanson, concerned citizen
Koua Fong Lee, concerned citizen
John Kingrey, Minnesota County Attorneys Association

Rep. Lesch renewed his motion that HF 2925 (Lesch), as amended, exonerated persons compensated, be re-referred to the Committee on Civil Law. THE MOTION PREVAILED. THE BILL WAS RE-REFERRED AS AMENDED.

Rep. Hilstrom assumed the gavel at 4:38 p.m.

Rep. Hilstrom moved that HF 807 (Mullery), predatory offender registration limited for persons under the age of 18 years, and time period and renewals allowed for a continuance without adjudication in a juvenile delinquency case extended, be re-referred to the General Register.

Rep. Hilstrom moved to amend HF 807 (Mullery) with the H0807A3 amendment. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

HF 807 (Mullery), as amended, predatory offender registration limited for persons under the age of 18 years, and time period and renewals allowed for a continuance without adjudication in a juvenile delinquency case extended.

Janet Reiter, Chisago County Attorney, testified regarding HF 807 (Mullery), as amended..

Rep. Melin assumed the gavel at 4:46 p.m.

Rep. Melin moved an oral amendment to the H0807A5 amendment. The amendment would strike “arrest” on line 1.5 and insert “take into custody.” It would also strike “arrested” on line 1.6 and insert “taken into custody.” THE MOTION PREVAILED. THE AMENDMENT TO THE AMENDMENT WAS ADOPTED.

Rep. Melin moved an oral amendment to theH0807A5 amendment, as amended. The amendment would strike “charge” in line 1.13 and insert “citation.” It would also insert “alleged and suspected” after “both” on line 1.13. THE MOTION PREVAILED. THE AMENDMENT TO THE AMENDMENT, AS AMENDED, WAS ADOPTED.

Rep. Hilstrom assumed the gavel at 5:00 p.m.

Rep. Melin assumed the gavel at 5:03 p.m.

Rep. Hilstrom assumed the gavel at 5:04 p.m.

John Stuart, state public defender, testified regarding HF 807 (Mullery), as amended.

Rep. Hilstrom moved to amend HF 807 (Mullery), as amended, with the H0807A6 amendment. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Rep. Hilstrom moved to amend HF 807 (Mullery), as amended, with the H0807A5 amendment, as amended. THE MOTION PREVAILED. THE AMENDMENT, AS AMENDED, WAS ADOPTED.

A division was requested. THE MOTION DID NOT PREVAIL. THE AMENDMENT, AS AMENDED, WAS NOT ADOPTED.

Lisa Frenette, Minnesota Association of County Probation Officers, testified regarding HF 807 (Mullery), as amended.

Rep. Hilstrom moved to amend HF 807 (Mullery), as amended, with an oral amendment. The amendment would strike “three” in line 6.6 and insert “two.” Rep. Hilstrom called for a division. THE MOTION DID NOT PREVAIL. THE AMENDMENT WAS NOT ADOPTED.

Rep. Drazkowski moved to amend HF 807 (Mullery), as amended, with an oral amendment. The oral amendment would strike “three” in line 6.6 and insert “one.” THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Rep. Mullery withdrew HF 807 (Mullery), as amended.

The meeting was adjourned at 5:13 p.m.

___________________________
Representative Debra Hilstrom, Chair


_________________________________________
Dusty Thelen, Committee Legislative Assistant
More Info On This Meeting..
Bills Added:
  • HF2958 (Lesch) - Human rights; jury trials required for unfair discriminatory practice civil actions.
  • HF2928 (Slocum) - Criminal vehicular homicide or operation statute technical amendments provided, and driving while impaired law clarified to work with amendments to criminal vehicular homicide and operation statute.
  • HF2574 (Slocum) - Predatory offender registration requirements modified and clarified, criminal sexual conduct in the third degree crime sentence clarified.
  • HF3027 (Allen) - Children and family services provisions modified; Northstar Care for Children program, background studies, adoption, and licensing requirements changed; and technical changes made.
  • HF3215 (Huntley) - Health Department, Northstar Care for Children program, continuing care, community first services and supports, health care, and chemical dependency changes made; hospital payment system modified; background study and home and community-based service standards modified; fees set; and rate increases provided.
  • HF0859 (Simon) - Landlords and tenants; victims of violence remedies established, and Housing Opportunity Made Equitable (HOME) pilot project established.
  • HF2386 (Johnson) - Conviction relief petition filing and notice to offender for restitution modified.
  • HF2481 (Selcer) - Pupil transportation; seat belt cutters required in type III vehicles, school bus drivers required to conduct post-trip inspections, bus endorsement reporting and cancellation requirements modified, and penalties provided.
  • HF2925 (Lesch) - Imprisonment and Exoneration Remedies Act; exonerated persons compensated, and money appropriated.
  • HF0807 (Mullery) - Predatory offender registration limited for persons under the age of 18 years, and time period and renewals allowed for a continuance without adjudication in a juvenile delinquency case extended.
  • HF3238 (Schoen) - Domestic violence restraining order provisions modified to prohibit persons subject to the restraining orders from possessing weapons, and persons convicted of domestic violence offenses required to surrender their firearms while they are prohibited from possessing firearms.
Documents:
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House TV Video:
View Archive

00:37 - Gavel.
00:44 - HF 2928 (Slocum) Criminal vehicular homicide or operation statute technical amendments provided.
08:30 - HF 2574 (Slocum) Predatory offender registration requirements modified and clarified, criminal sexual conduct in the third degree crime sentence clarified.
15:20 - Reconsideration and repassage of HF 2928 (Slocum) Criminal vehicular homicide or operation statute technical amendments provided.
17:40 - HF3238 (Schoen) Domestic violence restraining order provisions modified to prohibit persons subject to the restraining orders from possessing weapons, and persons convicted of domestic violence offenses required to surrender their firearms while they are prohibited from possessing firearms.
1:00:26 - HF 3027 (Allen) Children and family services provisions modified, Northstar Care for Children program requirements changed, background studies required, and adoption technical changes made.
1:07:53 - HF 3215 (Huntley) Department of health, Northstar Care for Children program, continuing care, community first services and supports, health care, and chemical dependency changes made; hospital payment system modified; background study and home and community-based service standards modified; fees set; and rate increases provided.
1:13:18 - HF 2481 (Selcer) Pupil transportation; seat belt cutters required in type III vehicles, school bus drivers required to conduct post-trip inspections, bus endorsement reporting and cancellation requirements modified, and penalties provided.
* Coverage ended early because this long-running committee was in conflict with the next scheduled webcast event.
Runs 1 hour, 39 minutes.