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Judiciary Policy and Finance

TWENTY-FIRST MEETING

2011-2012 Regular Session - Thursday, April 14, 2011

STATE OF MINNESOTA TWENTY-FIRST 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 8:18 A. M. on April 14, 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 Johnson moved approval of the April 12, 2011 Judiciary Policy and Finance Committee minutes. THE MOTION PREVAILED.

HF0506 (Shimanski) Fourth-degree assault crime and the assaulting a police horse crime expanded to provide more protection to law enforcement assistants.

Representative Shimanski moved that HF0506, as amended, be recommended to pass and placed on the General Register.

Representative Shimanski moved the H0506DE2 amendment. THE AMENDMENT WAS ADOPTED.

Representative Shimanski renewed his motion that HF0506, as amended, be recommended to pass and be placed on the General Register. THE MOTION PREVAILED.

HF1124 (Anderson) Rehabilitation presumption established through a person's honorable military service following a prior offense.

Representative Smith moved that HF1124, as amended, be recommended to pass and placed on the General Register.

Representative Smith renewed the motion that HF1124, as amended, be recommended to pass and placed on the General Register. THE MOTION PREVAILED.

HF0032 (Dill) State and municipal liability provided for claims involving nonprofit organizations.

Representative Dill presented HF0032.

Doug Franzen, MN USA, Karen Umphress, ARMCA, and Joel Carlson, MAJ, testified on HF0032.

Representative Smith laid over HF0032 for possible inclusion in an omnibus bill, or further action at a later time.

HF0708 (Champion) Determination modified when a party prevails on a claim removed from conciliation court to district court for the purposes of recovering district court costs.

Representative Champion moved that HF0708 be recommended to pass and placed on the General Register.

Representative Champion presented HF0708.

Dedrick Mays, University of St. Thomas, testified on HF0708.

Representative Smith laid over HF0708 for possible inclusion in an omnibus bill, or further action at a later time.

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

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

Representative Wardlow presented HF0211.

Sharon VanDyck, MAJ, and Ron Elwood, Legal Aid, testified on HF0211.

Representative Smith laid over HF0211 for possible inclusion in an omnibus bill, or further action at a later time.

HF0199 (Gottwalt) Freedom of Choice in Health Care Act; freedom of choice in health care for every resident of Minnesota declared, and statement of public policy provided.

Representative Smith moved that HF0199 be recommended to pass and placed on the General Register.

Representative Gottwalt presented HF0199.

Peter Nelson, American Experiment, and Twila Brase, CCHF, testified on HF0199.

Representative Smith renewed the motion that HF0199 be recommended to pass and placed on the General Register.

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


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


On a vote of 10 AYES and 6 NAYS, THE MOTION PREVAILED.

Representative Shimanski assumed the gavel at 9:54 A.M.

HF1298 (Smith) District judge disposition monthly review authorized for compliance with 90-day disposition requirement.

Representative Smith moved that HF1298 be recommended to pass and placed on the General Register.

Representative Smith presented HF1298.

Representative Smith moved the H1298A1 amendment. THE AMENDMENT WAS ADOPTED.

James Dehn, MPJA, Patrick Sexton, MN Board on Judicial Standards, and David Paull, Minnesota Board of Judicial Standards, testified on HF1298, as amended.

Representative Shimanski laid over HF1298, as amended, for possible inclusion in an omnibus bill, or further action at a later time.

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




REPRESENTATIVE SMITH, CHAIR



Erin A. Eden
Committee Legislative Assistant
More Info On This Meeting..
Bills Added:
  • HF32 (Dill) - State and municipal liability provided for claims involving certain nonprofit organizations.
  • HF211 (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.
  • HF465 (Smith) - Safe at home program provision added, and protective orders provided.
  • HF708 (Champion) - Determination modified when a party prevails on a claim removed from conciliation court to district court for the purposes of recovering district court costs.
  • HF747 (Mazorol) - Attorney fee relation to damages awarded factor provided.
  • HF1217 (Smith) - Sex trafficking victim cause of action created.
  • HF1298 (Smith) - District judge disposition monthly review authorized for compliance with 90-day disposition requirement.
  • HF199 (Gottwalt) - Freedom of Choice in Health Care Act; freedom of choice in health care for every resident of Minnesota declared, and statement of public policy provided.
  • HF1124 (Anderson) - Rehabilitation presumption established through a person's honorable military service following a prior offense.
  • HF506 (Shimanski) - Fourth-degree assault crime and the assaulting a police horse crime expanded to provide more protection to law enforcement assistants.
  • HF436 (Smith) - Collaborative law process evidence availability limited.
Documents:
  • - 4/13/2011
  • - 4/13/2011
  • - 4/13/2011
  • - 4/13/2011
  • - 4/13/2011
  • - 4/13/2011