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Minnesota Legislature
2013-2014 Regular Session

17TH MEETING - Civil Law

March 19, 2013

STATE OF MINNESOTA 17TH MEETING
HOUSE OF REPRESENTATIVES EIGHTY-EIGHTH SESSION

COMMITTEE ON CIVIL LAW
Chair, Representative John Lesch

MINUTES

Representative Lesch, Chair of Committee on Civil Law, called the meeting to order at 8:15 AM, Tuesday, March 19, 2013 in the Basement Hearing Room of the State Office Building.

The Committee Legislative Assistant noted the roll.

Members present:
Lesch, Chair
Allen, Vice Chair
Scott, Lead
Anderson, M.
Hilstrom
Holberg
Hortman
Howe
Johnson, B.
Liebling
Newberger
Paymar
Pugh
Rosenthal
Simon
Winkler
Yarusso

Members excused:

A quorum was present

Chair Lesch moved minutes from March 15, 2013. THE MOTION PREVAILED. THE MINUTES WERWE APPROVED.

HF1051 (Rosenthal) Crime victim rights and programs statutory provisions clarified.

Representative Rosenthal moved HF1051 be recommended to pass and be sent to the committee on Judiciary Finance and Policy.

Proponents testifying on HF1051: Suzanne Elwell, Director, Crime Victim Justic Unite, MN Department of Public Safety; Kelly Mollner, MN Alliance Crime

Representative Rosenthal renewed his motion to move HF1051 be recommended to pass and be sent to the Committee on Judiciary Finance and Policy. THE MOTION PREVAILED.

HF19 (Hortman) Agency designations allowed in certain probate situations.

Representative Hortman moved HF19 be recommended to pass and be sent to the General Register.

Representative Hortman presented HF19.

Representative Hortman moved to amend HF19. (See attached H0019DE2). THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Proponent testifying on HF19: Michael Sampson, JP Morgan

Representative Hortman renewed her motion to move HF19 be recommended to pass, as amended, and be sent to the General Register. THE MOTION PREVAILED.

HF573 (Ward, J.) Public employees insurance program regulated, and school employer participation required.

Chair Lesch moved HF573 be recommended to pass and re-referred to the Committee on State Government Finance.

Representative J. Ward presented HF573.

Representative Scott withdrew her motion to amend HF573 (see attached: A3-0307, A3-0308, A3-0309).

Representative Simon moved an oral amendment to HF573 as follows:
- Page 5, Section 4, line 5.27, strike "deemed by the commissioner as" and insert "reasonably". THE MOTION PREVAILED. THE ORAL AMENDMENT WAS ADOPTED.

Representative Scott requested a Roll-Call on HF573. The results are as follows:
Ayes:
Chair Lesch
Vice-Chair Allen
Representative Hilstrom
Representative Hortman
Representative Liebling
Representative Paymar
Representative Rosenthal
Representative Simon
Representative Winkler
Representative Yarusso
Nays:
Representative Anderson
Representative Holberg
Representative Howe
Representative Johnson
Representative Newberger
Representative Pugh
Representative Scott

Chair Lesch renewed his motion to move HF573 be recommended to pass, as amended, and re-referred to the Committee on State Government Finance. THE MOTION PREVAILED.

HF1082 (Allen) Judicial forfeiture of property associated with controlled substance offenses and vehicles used in drive-by shootings conviction required, and presumption for administrative forfeiture eliminated.

Representative Allen moved HF1082 be recommended to pass and be sent to the Committee on Judiciary Finance and Policy.

Representative Allen moved to amend HF1082 (see attached H1082A1). THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Representative Allen renewed her motion to move HF1082 be recommended to pass, as amended, and be sent to the Committee on Judiciary Finance and Policy. THE MOTION PREVAILED.

At 9:48 AM, Chair Lesch recessed the committee hearing.

At 5:30 PM, Chair Lesch reconvened the committee hearing.

HF1081 (Allen) Burden of proof shifted to the prosecutor in an innocent owner case involving off-highway vehicles, DWI, designated offenses, controlled substance offenses, feeling offenses, and prostitution offenses; homestead exemption codified and expanded; and innocent owners allowed to reclaim vehicle if equipped with ignition interlock device.

Representative Allen moved HF1081 be recommended to pass and be sent to the Committee on Judiciary Finance and Policy.

Representative Allen presented HF1081.

Representative Allen moved to amend HF1081 (see attached: H1081A1 and H1081A3). THE MOTION PREVAILED. THE AMENDMENTS WERE ADOPTED.

Representative Allen withdrew her H1081A2 amendment.

Representative Allen moved an oral amendment to HF1081 as follows:
Pages 2 and 3, delete section 2, from lines 2.l8 to 3.5.
THE MOTION PREVAILED. THE ORAL AMENDMENT WAS ADOPTED.

Proponents testifying on HF1081: Lee McGrath, Legislative Counsel, The Institute for Justice; Dave Laase, Cambridge, MN; Max Keller, MACDL

Opponent testifying on HF1081: Sean McCarthy, Assistant Dakota County Attorney

Testifier on HF1081: Major Nancy Silkey, Minnesota State Patrol, MDPS

Representative Allen renewed her motion to move HF1081 be recommended to pass, as amended, and be sent to the Committee on Judiciary Finance and Policy. THE MOTION PREVAILED.

The meeting was adjourned at 6:15 PM.




___________________________
Representative John Lesch, Chair



_________________________________________
Jay Xiong, Committee Legislative Assistant
More Info On This Meeting..
Agenda:

***NOTE:*** The 24-hour rule has been amended for this meeting. Amendments will be accepted until 5:15 p.m. on Monday, March 18. HF131 has been rescheduled for March 20. HF573 is pending re-referral. If you wish to testify, please contact the committee administrator at charlotte.antin@house.mn.

Bills Added:
  • HF19 (Hortman) - Agency designations allowed in certain civil law situations, form language provided, clarifying changes made, and Tax Court appeals filing requirements clarified.
  • HF1051 (Rosenthal) - Crime victim rights and programs statutory provisions clarified, and a restitution working group provided.
  • HF573 (Ward) - Public employees insurance program regulated, and school employer participation required.
  • HF1081 (Allen) - Vehicle forfeiture; burden of proof shifted to the prosecutor in an innocent owner case involving off-highway vehicles, DWI, designated offenses, controlled substance offenses, fleeing offenses, and prostitution offenses; homestead exemption codified and expanded; and innocent owners allowed to reclaim vehicle if equipped with ignition interlock device.
  • HF1082 (Allen) - Judicial forfeiture of property associated with controlled substance offenses and vehicles used in drive-by shootings conviction required.
Hearing Documents:
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