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Minnesota House of Representatives

Judiciary Finance and Civil Law

NINETEENTH MEETING

2021-2022 Regular Session - Monday, March 8, 2021

STATE OF MINNESOTA NINETEENTH MEETING
HOUSE OF REPRESENTATIVES NINETY-SECOND SESSION



JUDICIARY FINANCE AND CIVIL LAW MINUTES

Representative Jamie Becker-Finn, Chair of the Committee on Judiciary Finance and Civil Law, called the virtual meeting to order at 5:00 PM on March 8, 2021 pursuant to House rule 10.01. The meeting was broadcast via Zoom and House Public Information Services.

The Committee Legislative Assistant noted the roll.

Members present:
Becker-Finn, Jamie, Chair
Moller, Kelly, Vice Chair
Scott, Peggy, Republican Lead
Feist, Sandra
Frazier, Cedrick
Her, Kaohly
Hollins, Athena
Johnson, Brian
Liebling, Tina
Long, Jamie
Mortensen, Erik
Novotny, Paul
Pfarr, Brian
Robbins, Kristin
Vang, Samantha
Xiong, Tou

Members excused:
Grossell, Matt

A quorum was present.

Representative T. Xiong moved that the minutes of March 5, 2021, be adopted. THE MOTION PREVAILED.

Chair Becker-Finn moved to reconsider the March 2, 2021 motion to recommend that HF 835, as amended, be placed on the General Register. THE MOTION PREVAILED.

Chair Becker-Finn moved that HF 835 be recommended to be laid over for possible inclusion in a future omnibus bill.

Chair Becker-Finn moved that HF 1237 be recommended to be re-referred to the Environment and Natural Resources Finance and Policy Committee.

Chair Becker-Finn moved that the H1237A3 be adopted. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Representative Hansen presented HF 1237 as amended, a bill for an act relating to environment; modifying provisions for priority qualified facilities; modifying authority to acquire property interests; authorizing requests for information on contaminants; requiring public notice of wastewater overflows, bypasses, and releases from publicly owned treatment works; modifying provisions for electronic waste; amending Minnesota Statutes 2020, sections 115.061;
115A.1310, subdivision 12b; 115A.1312, subdivision 1; 115A.1314, subdivision 1; 115A.1316, subdivision 1; 115A.1318, subdivision 2; 115A.1320, subdivision 1; 115B.17, subdivision 13; 115B.406, subdivisions 1, 9; 115B.407; 116.07, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 116; repealing Minnesota Rules, part 7044.0350.

Testifying on HF 1237:
• Greta Gauthier, Assistant Commissioner for Legislative and Intergovernmental Relations, Minnesota Pollution Control Agency
• Tony Kwilas, Director of Environmental Policy, Minnesota Chamber of Commerce
• Kurt Koudelka, Assistant Commissioner, Minnesota Pollution Control Agency

Chair Becker-Finn renewed the motion that HF 1237, as amended, be recommended to re-referred to the Environment and Natural Resources Finance and Policy Committee.

Chair Becker-Finn requested a roll call on HF 1237 as amended.

AYES
Becker-Finn
Moller
Feist
Frazier
Her
Hollins
Liebling
Long
Vang
Xiong

NAYS
Scott
Johnson
Mortensen
Novotny
Pfarr
Robbins

EXCUSALS
Grossell

There being 10 ayes, 6 nays and 1 excusal, THE MOTION PREVAILED.

Chair Becker-Finn moved that HF 1340 be recommended to be re-referred to the Human Services Finance and Policy Committee.

Chair Becker-Finn moved that the H1340A1 be adopted. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Representative Noor presented HF 1340 as amended, a bill for an act relating to children; modifying requirements for the responsible social services agency placing children in qualified residential treatment programs; amending Minnesota Statutes 2020, sections 245.4885, subdivision 1; 245A.02, by adding subdivisions; 245A.041, by adding a subdivision; 260C.007, subdivisions 26c, 31; 260C.157, subdivision 3; 260C.212, subdivisions 1a, 13; 260C.452; 260C.704; 260C.706; 260C.708; 260C.71; 260C.712; 260C.714; 260D.01; 260D.05; 260D.06,
subdivision 2; 260D.07; 260D.08; 260D.14; 260E.36, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 245A.

Testifying on HF 1340:
• Jennifer Sommerfeld, Legislative Director of Children and Family Services, Minnesota Department of Human Services

Chair Becker-Finn renewed the motion that HF 1340, as amended, be recommended to re-referred to the Human Services Finance and Policy Committee.

Chair Becker-Finn requested a roll call on HF 1340 as amended.

AYES
Becker-Finn
Moller
Scott
Feist
Frazier
Her
Hollins
Liebling
Long
Mortensen
Novotny
Pfarr
Robbins
Vang
Xiong

NAYS

ABSTENTIONS

EXCUSALS
Grossell

There being 16 ayes, no nays and 1 excusal, THE MOTION PREVAILED.

Chair Becker-Finn moved that HF 1151 be recommended to be re-referred to the Human Services Finance and Policy Committee.

Chair Becker-Finn moved that the H1151A1 be adopted. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Representative Agbaje presented HF 1151 as amended, a bill for an act relating to families; modifying child welfare provisions; establishing the Minnesota African American Family Preservation Act; providing criminal penalties; requiring a report; appropriating money; amending Minnesota Statutes 2020, section 260C.329, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 260.

Testifying on HF 1151:
• Rhia Bornmann Spears, Owner, Spears Family Law PLLC
• Kelis Houston, Executive Director, Village Arms LLC

Chair Becker-Finn renewed the motion that HF 1151, as amended, be recommended to re-referred to the Human Services Finance and Policy Committee.

Chair Becker-Finn requested a roll call on HF 1151 as amended.

AYES
Becker-Finn
Moller
Feist
Frazier
Her
Hollins
Liebling
Long
Vang
Xiong

NAYS
Scott
Johnson
Mortensen
Novotny
Pfarr
Robbins

EXCUSALS
Grossell

There being 10 ayes, 6 nays and 1 excusal, THE MOTION PREVAILED.

Vice Chair Moller moved that HF 1653 be recommended to be re-referred to the Human Services Finance and Policy Committee.

Vice Chair Moller moved that the H1653A1 be adopted. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Vice Chair Moller offered an oral amendment to the H1653A1 amendment:
Line 1.4, after “board”, insert “or tribal nation”.
THE MOTION PREVAILED. THE AMENDMENT TO THE AMENDMENT WAS INCORPORATED.

Vice Chair Moller presented HF 1653 as amended, a bill for an act relating to human services; permitting the commissioner to collect data about children's mental health screenings; clarifying requirements for public guardianship for a person with a developmental disability; modifying requirements for a petition for an appointment of public guardianship for a person with a developmental disability; changing terminology and making related changes; making technical changes; amending subdivisions of sections 245.4874 of Minnesota Statutes 2020.

Testifying on HF 1653:
• Kristy Graume, Director of Legislative and External Affairs, Minnesota Department of Human Services

Vice Chair Moller renewed the motion that HF 1653, as amended, be recommended to re-referred to the Human Services Finance and Policy Committee.

Chair Becker-Finn requested a roll call on HF 1653 as amended.

AYES
Becker-Finn
Moller
Scott
Feist
Frazier
Her
Hollins
Johnson
Liebling
Long
Novotny
Pfarr
Robbins
Vang
Xiong

NAYS
Mortensen

EXCUSALS
Grossell

There being 15 ayes, 1 nay and 1 excusal, THE MOTION PREVAILED.

Representative T. Xiong moved that HF 1442 be recommended to be re-referred to the Public Safety and Criminal Justice Reform Finance and Policy Committee.

Representative T. Xiong presented HF 1442, a bill for an act relating to the military; modifying the Minnesota Code of Military Justice; making changes to data provisions; modifying certain requirements and qualifications; making jurisdictional and appellate changes; providing punitive article updates; providing punishable offenses under the military code; providing penalties; amending Minnesota Statutes 2020, sections 13.43, by adding a subdivision;
192.67; 192A.02, subdivision 2; 192A.021; 192A.111; 192A.15, subdivisions 1, 2; 192A.155, subdivision 2; 192A.20; 192A.235, subdivision 3; 192A.343, subdivision 3; 192A.353, subdivision 2; 192A.371; 192A.384; 192A.56; 192A.612; 192A.62; 606.06; proposing coding for new law in Minnesota Statutes, chapters 13; 192A; repealing Minnesota Statutes 2020, section 192A.385.

Testifying on HF 1442:
• Don Kerr, Executive Director, Minnesota Department of Military Affairs
• Lt. Col. David Blomgren, Legal Adviser, Judge Advocate General

Representative T. Xiong renewed the motion that HF 1442 be recommended to re-referred to the Human Services Finance and Policy Committee.

Chair Becker-Finn requested a roll call on HF 1442.

AYES
Becker-Finn
Moller
Scott
Feist
Frazier
Her
Hollins
Johnson
Liebling
Long
Mortensen
Novotny
Pfarr
Robbins
Vang
Xiong

NAYS

EXCUSALS
Grossell

There being 16 ayes, no nays and 1 excusal, THE MOTION PREVAILED.

Representative T. Xiong moved that HF 1218 be recommended to be placed on the General Register.

Representative T. Xiong presented HF 1218, a bill for an act relating to courts; permitting court-appointed counsel to apply for interpreter services to prepare a defense to criminal charges; amending Minnesota Statutes 2020, section 611.21.

Testifying on HF 1218:
• William Ward, State Public Defender, Board of Public Defense

Representative T. Xiong renewed the motion that HF 1218 be recommended to be placed on the General Register.

Chair Becker-Finn requested a roll call on HF 1218.

AYES
Becker-Finn
Moller
Scott
Feist
Frazier
Her
Hollins
Johnson
Liebling
Long
Mortensen
Novotny
Pfarr
Robbins
Vang
Xiong

NAYS

EXCUSALS
Grossell

There being 16 ayes, no nays and 1 excusal, THE MOTION PREVAILED.

The meeting was adjourned at 6:30 PM.







__________________________________________
Representative Jamie Becker-Finn, Chair


__________________________________________
Anna Borgerding, Committee Legislative Assistant


More Info On This Meeting..
Bills Added:
  • HF835 (Her) - Evictions due to nonpayment of rent specific notice requirements created, eligibility expanded for discretionary and mandatory expungements for eviction case court files, rental discrimination based on a tenant's receipt of public housing assistance prohibited, and public access limited to pending eviction case court actions.
  • HF1151 (Agbaje) - Child welfare provisions modified, Minnesota African American Family Preservation Act established, criminal penalties provided, report required, and money appropriated.
  • HF1218 (Xiong) - Court-appointed counsel permitted to apply for interpreter services to prepare criminal charges defense.
  • HF1237 (Hansen) - Environmental priority qualified facility provisions modified; property interest acquisition authority modified; contaminant information requests authorized; public notice of wastewater overflows, bypasses, and releases required from publicly owned treatment works; electronic waste provisions modified; enforcement modified; and waste composition studies provided.
  • HF1340 (Noor) - Responsible social services agency placing children in qualified residential treatment program requirements modified.
  • HF1442 (Xiong) - Minnesota Code of Military Justice modified, data provision changes made, requirements and qualifications modified, jurisdictional and appellate changes made, punitive article updates provided, punishable offenses provided, and penalties provided.
  • HF1653 (Moller) - Human services commissioner permitted to collect children's mental health screenings data, public guardianship requirements clarified for a person with a developmental disability, requirements modified for a petition for an appointment of public guardianship for a person with a developmental disability, terminology and related changes made, and technical changes made.
Documents:
Audio:
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House TV Video:
View Archive

02:27 - HF835 (Her) Eviction due to nonpayment of rent notice requirements created, eviction case court file discretionary and mandatory eligibility expanded, rental discrimination prohibited based on tenant's public housing assistance receipt, and pending eviction case court action public access limited.
03:43 - HF1237 (Hansen) Environmental priority qualified facility provisions modified; property interest acquisition authority modified; contaminant information requests authorized; public notice of wastewater overflows, bypasses, and releases required from publicly owned treatment works; and electronic waste provisions modified.
- Committee discussion will focus on sections of the bill that fall within the committee's jurisdiction, which include Sections 10, 11, 12-civil law provisions and Section 13, Subdivision 4-relating to data.
20:52 - HF1340 (Noor) Responsible social services agency placing children in qualified residential treatment program requirements modified.
- Committee discussion will focus on sections of the bill that fall within the committee's jurisdiction, which include Article 1: Sections 11 and 12; Article 2: Sections 4, 5 and 6.
26:28 - HF1151 (Agbaje) Child welfare provisions modified, Minnesota African American family Preservation Act established, criminal penalties provided, report required, and money appropriated.
- Committee discussion will focus on sections of the bill that fall within the committee's jurisdiction, which include Section 6, Section 7-relating to civil law; Section 9, Subdivision 5-relating to data.
59:55 - HF1653 (Moller) Human services commissioner permitted to collect data about children's mental health screenings, public guardianship requirements clarified for a person with a developmental disability, requirements modified for a petition for an appointment of public guardianship for a person with a developmental disability, terminology and related changes made, and technical changes made.
1:14:35 - HF1442 (Xiong, T.) Minnesota Code of Military Justice modified, data provision changes made, requirements and qualifications modified, jurisdictional and appellate changes made, punitive article updates provided, and punishable offenses provided.
1:24:50 - HF1218 (Xiong, T.) Court-appointed counsel permitted to apply for interpreter services to prepare criminal charges defense.
Runs 1 hour, 30 minutes.

This meeting is held in accordance to House Rule 10.01
https://www.house.leg.state.mn.us/cco/rules/permrule/permrule.asp

1. HF 835 (Her): various housing provisions**** [this bill already received a full hearing and testimony was taken; it is being noticed for the purposes of a motion to re-consider. We will be laying the bill over in committee, pending a completed fiscal note. No additional testimony or committee discussion will occur on this bill]****
2. HF 1237 (Hansen): MPCA agency bill [committee discussion will focus on Sections of the bill that fall within the Judiciary/Civil Law's jurisdiction, which include Sections 10, 11, 12--civil law provisions and Section 13 Subd. 4--relating to data]
3. HF 1340 (Noor): Family First Prevention Act [committee discussion will focus on Sections of the bill that fall within the Judiciary/Civil Law's jurisdiction, which include Article 1: Sec. 11, Sec. 12; Art. 2 Sec. 4, Sec. 5 & Sec. 6].
4. HF 1151 (Agbaje) African American Family Preservation Act [committee discussion will focus on Sections of the bill that fall within the Judiciary/Civil Law's jurisdiction, which include: Section 6, Section 7 & 12--relating to civil law; Section 9, Subd. 5, relating to data].
5. HF 1653 (Moller): DHS provisions relating to data and guardianship
6. HF 1442 (T. Xiong): MN Code of Justice Modified [committee discussion will focus on Sections of the bill that fall within the Judiciary/Civil Law's jurisdiction, which include: Article 1, relating to data; Article 5 Secs. 2-4, relating to state appellate review]
7. HF 1218 (T. Xiong): court-appointed counsel permitted to apply for interpreter services to prepare criminal charges defense

*The amendment deadline for this hearing is 5 pm on Friday March 5th, 2021*

*if committee adjourns prior to completing the full agenda, bills will be added to agendas later in the week*

**Agenda items may be added, deleted and/or taken in any order.

**If you are interested in providing written testimony, oral testimony, or a handout, please email the Committee Administrator and copy the Committee Legislative Assistant by 5 pm the day before the hearing to get instructions.

CA: Rachel.Ganani@house.mn
CLA: Anna.Borgerding@house.mn

This remote hearing may be viewed via the House webcast schedule page: https://www.house.leg.state.mn.us/htv/schedule.asp

NOTE: HTV 1 and HTV 2 will provide live closed captioning. Video archives of meetings streamed on HTV 3, 4, and 5 will have closed captions added. Other reasonable accessibility accommodations may be made with advance notice.

If you have questions about the accessibility of remote hearings or require an accommodation, please contact Jenny Nash at: jenny.nash@house.mn or by leaving a message at 651-296-4122. Please do not contact Jenny with questions about the substance of the meeting agenda. If you have questions regarding the substance of the agenda, please contact the Committee Administrator, Rachel Ganani.