STATE OF MINNESOTA TWENTY-THIRD 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 8:24 A. M. on April 27, 2011, in the Basement Hearing Room 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 Mazorol moved approval of the April 26, 2011 Judiciary Policy and Finance Committee minutes. THE MOTION PREVAILED.
HF1384 (Davids) Charitable or religious organization transfers excluded from the fraudulent transfers act.
Representative Smith moved that HF1384 be recommended to pass and re-referred to the Commerce and Regulatory Reform Committee.
Representative Smith moved the H1384A1 amendment. THE AMENDMENT WAS ADOPTED.
Representative Davids presented HF1384, as amended.
Phil Griffin, BBBS, Gloria Lewis, BBBS, Susan Brown, Minnesota Council of Nonprofits, Brian Lake, State Bar Association, and Robert McCollum, BBBS, testified on HF1384, as amended.
Representative Smith renewed the motion that HF1384, as amended, be recommended to pass and re-referred to the Commerce and Regulatory Reform Committee. THE MOTION PREVAILED.
Representative Hilstrom abstained from voting on HF1384, as amended.
HF1423 (Gottwalt) Child safety and permanency reform provided, including adoptions of children under guardianship of the commissioner, and criminal penalties provided.
Representative Smith moved that HF1423 be recommended to pass and re-referred to the Ways and Means Committee.
Representative Smith moved the H1423A2 amendment. THE AMENDMENT WAS ADOPTED.
Representative Smith moved the H1423A3 amendment. THE AMENDMENT WAS ADOPTED.
Representative Smith moved to orally amend HF1423, as amended, as follows: remove ARTICLE 2 and ARTICLE 3. THE AMENDMENT WAS ADOPTED.
Christine Borsheim and Julie Erickson, DHS, testified on HF1423, as amended.
Representative Smith renewed the motion that HF1423, as amended, be recommended to pass and re-referred to the Ways and Means Committee. THE MOTION PREVAILED.
HF1418 (Woodard) Successor corporation asbestos-related liabilities limited.
Representative Smith moved that HF1418 be recommended to pass and placed on the General Register.
Representative Smith moved the A11-0356 amendment. THE AMENDMENT WAS ADOPTED.
Representative Woodard presented HF1418, as amended.
Michael Rowley, Pat Sheehy, Crown Cork and Seal, Susan Vento, Bernie Dusich, Sieben Polk Law Firm, Building Trades, and Bob Bennett, Gaskins, Bennett, Birrell, Schupp LLP, testified on HF1418, as amended.
Representative Smith renewed the motion that HF1418, as amended, be recommended to pass and placed on the General Register.
Representative Johnson moved to amend the motion, and re-refer HF1418, as amended, to the Commerce and Regulatory Reform Committee.
Representative Johnson requested a roll call vote. The results were as follows:
AYES NAYS ABSENT
CHAMPION, Bobby Jo SMITH, Steve, Chair LAINE, Carolyn
HILSTROM, Debra SHIMANSKI, Ron, Vice Chair
JOHNSON, Sheldon ANDERSON, Diane
LESCH, John CORNISH, Tony
LIEBLING, Tina GRUENHAGEN, Glenn
MELIN, Carly KRIESEL, John
MAZOROL, Pat
SCHOMACKER, Joe
VOGEL, Bruce
WARDLOW, Doug
On a vote of 6 AYES and 10 NAYS, THE MOTION DID NOT PREVAIL.
Representative Smith renewed the motion that HF1418, as amended, be recommended to pass and placed on the General Register.
Representative Johnson requested a roll call vote. The results are as follows:
AYES NAYS ABSENT
SMITH, Steve, Chair CHAMPION, Bobby Joe LAINE, Carolyn SHIMANSKI, Ron, Vice Chair HILSTROM, Debra
ANDERSON, Diane JOHNSON, Sheldon
CORNISH, Tony LESCH, John
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.
HF1573 (Hortman) Courts authorized to modify probate provisions.
Representative Hilstrom moved that HF1573 be recommended to pass and re-referred to the Taxes Committee.
Representative Smith moved the H1573A1 amendment. THE AMENDMENT WAS ADOPTED.
Representative Hortman presented HF1573, as amended.
Representative Hilstrom renewed the motion that HF1573, as amended, be recommended to pass and re-referred to the Taxes Committee. THE MOTION PREVAILED.
Representative Smith recessed the meeting at 10:02 A.M.
The hearing will resume at 6:00 P.M., or at the call of the Chair, in Room 10 of the State Office Building.
Representative Smith reconvened the hearing at 6:26 P.M.
HF1217 (Smith) Sex trafficking victim cause of action created.
Representative Smith moved that HF1217 be recommended to pass and placed on the General Register.
Representative Smith presented HF1217.
Joel Carlson, Association of Justice, testified on HF1217.
Representative Smith laid over HF1217 for possible inclusion in an omnibus bill or further action at a later time.
HF0292 (Anderson) Child custody; parenting plans required by both parents.
Representative Smith moved that HF0292 be recommended to pass and re-referred to the Ways and Means Committee.
Representative Anderson moved the H0292DE2 amendment.
Representative Anderson moved to orally amend the H0292DE2 amendment as follows:
Line 2.6: Add "or chapter 257."
Lines 2.8 to 2.9: Add "If a parenting plan is not required,"
Line 2.18: delete "or order"
THE ORAL AMENDMENT WAS INCORPORATED.
Representative Anderson moved the H0292DE2 amendment, as incorporated. THE AMENDMENT WAS ADOPTED.
Representative Anderson presented HF0292, as amended.
Michael McNabb and Marilyn McKnight testified on HF0292, as amended.
Representative Smith laid over HF0292, as amended, for possible inclusion in an omnibus bill or further action at a later time.
HF0322 (Scott) Custody and parenting time provisions changed.
Representative Smith moved that HF0322 be recommended to pass and re-referred to the Ways and Means Committee.
Representative Scott presented HF0322.
Molly Olson, Ron Sieloff, Dennis Dzuck, Tim McCusker, Michael Dittberner, MN Chapter of AAML, Pamela Waggoner, MSBA Family Law, Brad Taplin, Taplin Legal Services (Sole Proprietor), family attorney, Eva Cheney Hatch, private attorney and citizen, Leigh Ann Olson, survivor of domestic violence, and Liz Richards, MN Coalition of Battered Women, testified on HF0322.
Representative Smith laid over HF0322 for possible inclusion in an omnibus bill or further action at a later time.
Representative Shimanski assumed the gavel at 8:08 P.M.
HF0465 (Smith) Safe at home program provision added, and protective orders provided.
Representative Smith moved that HF0465 be recommended to pass and placed on the General Register.
Representative Smith presented HF0465.
Melina Hugdahl, Legal Aid, testified on HF0465.
Representative Shimanski laid over HF0465 for possible inclusion in an omnibus bill or further action at a later time.
HF0473 (Smith) Child support; calculation of maintenance after child support provided.
Representative Smith moved that HF0473 be recommended to pass and placed on the General Register.
Representative Smith moved the H0473A2 amendment.
Representative Smith moved to orally amend the H0473A2 amendment as follows:
Page 1, line 17, after the comma insert "court ordered" and after "received" insert "from a person other than the parent of the joint child" and strike "under" and "order" and delete "an". THE ORAL AMENDMENT WAS INCORPORATED.
Representative Smith moved the H0473A2 amendment, as incorporated. THE AMENDMENT WAS ADOPTED.
Representative Smith moved the H0473A3 amendment. THE AMENDMENT WAS ADOPTED.
Representative Smith presented HF0473, as amended.
Bryan Lake, State Bar Association, and Pamela Waggoner, MSBA Family Law, testified on HF0473, as amended.
Representative Shimanski laid over HF0473, as amended, for possible inclusion in an omnibus bill or further action at a later time.
HF0876 (Smith) Court hearing opening modified in delinquency or extended jurisdiction juvenile proceedings.
Representative Smith moved that HF0876 be recommended to pass and placed on the General Register.
Representative Smith moved the H0876DE1-2 amendment. THE AMENDMENT WAS ADOPTED.
Representative Smith presented HF0876, as amended.
Mark Haase, Council on Crime and Justice, Richard Gardell, 180 Degrees, Inc., David Brown, Hennepin County Attorneys Association/MCAA, Wolanda Shelton, Minnesota Association of Criminal Defense Lawyers, and Mark Anfinson, Minnesota Newspaper Association, testified on HF0876, as amended.
Representative Shimanski laid over HF0876, as amended, for possible inclusion in an omnibus bill or further action at a later time.
Representative Shimanski adjourned the meeting at 8:50 P.M.
REPRESENTATIVE SMITH, CHAIR
Erin A. Eden
Committee Legislative Assistant