Judiciary Finance and Civil Law

SIXTEENTH MEETING

2023-2024 Regular Session - Tuesday, March 7, 2023

STATE OF MINNESOTA SIXTEENTH MEETING
HOUSE OF REPRESENTATIVES NINETY-THIRD SESSION

JUDICIARY FINANCE AND CIVIL LAW MINUTES

Representative Jamie Becker-Finn, Chair of the Committee on Judiciary Finance and Civil Law, called the meeting to order at 8:30 AM on March 7, 2023 in Room 5 of the State Office Building.

The Committee Legislative Assistant noted the roll.

Members present:
BECKER-FINN, Jamie, Chair
FRAZIER, Cedrick, Vice Chair
SCOTT, Peggy, Minority Lead
CARROLL, Ned
CURRAN, Brion
FEIST, Sandra
FINKE, Leigh
FREDERICK, Luke
GROSSELL, Matt
JOHNSON, Brian
MOLLER, Kelly
NISKA, Harry
WIENS, Mark

A quorum was present.

Representative Carroll moved that the minutes of March 2, 2023, be adopted. THE MOTION PREVAILED.

HF 2023 (Long) Clean Slate Act established, automatic expungement process provided for offenders, waiting periods modified for expungements that require petition, offenses that are eligible for expungement amended, records received and retained by Bureau of Criminal Apprehension modified, creation of database required, data classified, and money appropriated.

Chair Becker-Finn moved that HF 2023 be recommended to be re-referred to the Public Safety Policy and Finance Committee.

Chair Becker-Finn moved the H2023A5 amendment. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Chair Becker-Finn moved the H2023A3 amendment. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Chair Becker-Finn moved the H2023A4 amendment. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Representative Long presented HF 2023 as amended.

Testifying on HF 2023 as amended:
• Gina Evans, Secretary of the Board of Directors, Minnesota Second Chance Coalition
• Chas Anderson, Lobbyist, Justice Action Network
• Grace Waltz, Vice President of Public Policy, Minneapolis Regional Chamber
• Bob Small, Executive Director, Minnesota County Attorneys Association

Chair Becker-Finn renewed the motion that HF 2023 as amended be recommended to be re-referred to the Public Safety Policy and Finance Committee. THE MOTION PREVAILED.

HF 865 (Hollins) Building and construction contract requirements modified and clarified.
Chair Becker-Finn moved that HF 865 be recommended to be placed on the General Register.

Representative Hollins and Representative O’Neill presented HF 865.

Testifying on HF 865:
• Patrick Lee-O'Halloran, Minnesota Subcontractors Association Chapter Counsel; Attorney at Patrick J. Lee-O’Halloran (PJL) Law Construction & Alternative Dispute Resolution (ADR) PLLC.
• Tamara Sundby, GTS HVAC Inc.
• Paulita LaPlante, Managing Partner, Prescription Landscape
• Jim Cownie, Deputy Chief Counsel, Minnesota Department of Transportation’s Office of Chief Counsel
• Cameron Boyd, General Counsel, Minneapolis Saint Paul Metropolitan Airports Commission
• Patrick J. Hynes, Lobbyist, Minnesota Contractor Coalition; Associated General Contractors

Chair Becker-Finn renewed the motion that HF 865 be recommended to be placed on the General Register. THE MOTION PREVAILED.

HF 2234 (Edelson) Home and community-based services systemic critical incident review team established, adult foster care and community residential setting licensing provisions clarified, substance use disorder treatment requirements modified, councils and committees extended, provider-controlled and own-home settings clarified, technical and conforming changes made, effective dates clarified, and obsolete language related to chemical health pilot program repealed.

Chair Becker-Finn moved that HF 2234 be recommended to be placed on the General Register.

Representative Edelson presented HF 2234.

Testifying on HF 2234:
• Kristy Graume, Director of Legislative and External Affairs, Department of Human Services

Chair Becker-Finn renewed the motion that HF 2234 be recommended to be placed on the General Register. MOTION PREVAILED.

HF 1272 (Brand) Minimum crew size required for rail carriers, and penalties imposed.

Chair Becker-Finn moved that HF 1272 be recommended to be placed on the General Register.

Chair Becker-Finn moved the H1272A6 amendment. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Representative Brand presented HF 1272 as amended.

Testifying on HF 1272 as amended:
• Nicholas Katich, Minnesota State Legislative Director, Sheet Metal, Air, Rail, and Transportation Workers (SMART) Transportation Division; Conducts, Engineers and Yardmasters
• Joel Mueller, Legislative Representative, Brotherhood of Locomotive Engineers and Trainmen
• Sarah Erickson, former Director, Minnesota Regional Rail Association
• Thomas Fuller, Attorney, Hunegs, LeNeave, and Kevas

Chair Becker-Finn renewed the motion that HF 1272 as amended be recommended to be placed on the General Register. THE MOTION PREVAILED.

HF 1581 (Becker-Finn) Miscellaneous technical corrections to laws and statues made; erroneous, obsolete, and omitted text and references corrected; and redundant, conflicting, and superseded provisions removed.

Chair Becker-Finn moved that HF 1581 be recommended to be placed on the General Register.

Chair Becker-Finn moved the A23-0031 amendment. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Chair Becker-Finn presented HF 1581 as amended.

Testifying on HF 1581 as amended:
• Jeff Kase, Deputy Revisor, Office of the Revisor of Statutes

Chair Becker-Finn renewed the motion that HF 1581 as amended be recommended to be placed on the General Register. THE MOTION PREVAILED.

The meeting was recessed at 9:59 AM

The meeting was reconvened at 6:31 PM

A quorum was present.

HF 1459 (Freiberg) Civil remedies for consumer protection violations amended.

Chair Becker-Finn moved that HF 1459 be recommended to be re-referred to the Commerce Finance and Policy Committee.

Chair Becker-Finn moved the H1459DE1 amendment. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Representative Freiberg presented HF 1459 as amended.

Testifying on HF 1459 as amended:
• Prentiss Cox, Professor of Law, University of Minnesota
• Jennifer Breitinger, CEO, JWB Associates; Lobbyist, Minnesotans for Law Reform

Chair Becker-Finn renewed the motion that HF 1459 as amended be recommended to be re-referred to the Commerce Finance and Policy Committee. THE MOTION PREVAILED.

HF 1655 (Finke) Human rights act sections removed that allow for discrimination based on sexual orientation.

Representative Finke moved that HF 1655 be recommended to be placed on the General Register.

Representative Finke moved the H1655A2 amendment. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Representative Finke presented HF 1655 as amended.

Testifying on HF 1655 as amended:
• Rebecca Lucero, Commissioner, Minnesota Department of Human Rights

Representative Finke renewed the motion that HF 1655 as amended be recommended to be placed on the General Register. THE MOTION PREVAILED.

HF 226 (Moller) Prosecutor-initiated sentence adjustments established, and sentencing reporting required.

Chair Becker-Finn moved HF 226 before the Judiciary Finance and Civil Law Committee.

Representative Moller presented HF 226.

Testifying on HF 226:
• Tami McConkey, Director of the Victim Witness & Postconviction Justice Division, Office of the Ramsey County Attorney

Representative Johnson moved the H0226A3 amendment.

Representative Johnson withdrew the H0226A3 amendment.

Chair Becker-Finn laid over HF 226.

HF 1083 (Frazier) Criminal records expungement without petition authorized for individuals not guilty of crime as a result of identity theft or mistaken identity.

Chair Becker-Finn moved HF 1083 before the Judiciary Finance and Civil Law Committee.

Vice Chair Frazier moved the H1083DE1 amendment. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Vice Chair Frazier presented HF 1083 as amended.

Testifying on HF 1083 as amended:
• None

Chair Becker-Finn laid over HF 1083 as amended.

HF 1084 (Frazier) Criminal records sealing upon granting a pardon extraordinary authorized.

Vice Chair Frazier moved that HF 1084 be recommended to be placed on the General Register.

Vice Chair Frazier moved an oral amendment to HF 1084, as below:
• Page 1, lines 9 and 10, reinstate the stricken language
THE MOTION PREVAILED. THE ORAL AMENDMENT WAS INCORPORATED.

Vice Chair Frazier moved the H1084A2 amendment. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Vice Chair Frazier presented HF 1084 as amended.

Testifying on HF 1084 as amended:
• None

Vice Chair Frazier renewed the motion that HF 1084 as amended be recommended to be placed on the General Register. THE MOTION PREVAILED.

HF 118 (Scott) Forfeiture matter complaints permitted to be served by certified mail, statements of claim permitted in forfeiture matters to be served pursuant to Rules of Conciliation Court Procedure, and repealed statute references removed.

Representative Scott moved that HF 118 be recommended to be placed on the General Register.

Representative Scott presented HF 118.

Testifying on HF 118:
• None

Representative Scott renewed the motion that HF 118 be recommended to be placed on the General Register. THE MOTION PREVAILED.

The meeting was adjourned at 7:31 PM.

__________________________________________
Representative Jamie Becker-Finn, Chair

__________________________________________
Ella Schultz, Committee Legislative Assistant

More Info On This Meeting..

Bills Added:

HF118 (Scott) - Forfeiture matter complaints permitted to be served by certified mail, statements of claim permitted in forfeiture matters to be served pursuant to Rules of Conciliation Court Procedure, and repealed statute references removed.
HF226 (Moller) - Prosecutor-initiated sentence adjustments established, and sentencing reporting required.
HF1083 (Frazier) - Background studies conducted by the Department of Human Services and county agencies for family child care services for expungements modified, and criminal record expungement authorized without petition for individuals not guilty of a crime as a result of identity theft or mistaken identity.
HF1084 (Frazier) - Criminal records sealing upon granting a pardon extraordinary authorized, and conforming changes made in human services background studies for expungement orders.
HF1272 (Brand) - Minimum crew size required for rail carriers, and penalties imposed.
HF1459 (Freiberg) - Consumer protection violation civil remedies amended for individual or family farmer.
HF1581 (Becker-Finn) - Legislative enactments; miscellaneous and technical corrections made to laws and statutes; erroneous, obsolete, and omitted text and references corrected; and redundant, conflicting, and superseded provisions removed.
HF1655 (Finke) - Gender identity separate definition created, and human rights act sections removed that allow for discrimination based on sexual orientation.
HF2023 (Long) - Clean Slate Act established, automatic expungement process provided for offenders, waiting periods modified for expungements that require petition, offenses that are eligible for expungement amended, records received and retained by Bureau of Criminal Apprehension modified, creation of database required, data classified, and money appropriated.
HF2234 (Edelson) - Home and community-based services systemic critical incident review team established, adult foster care and community residential setting licensing provisions clarified, substance use disorder treatment requirements modified, councils and committees extended, provider-controlled and own-home settings clarified, and chemical health pilot program obsolete language repealed.
HF865 (Hollins) - Building and construction contract requirements modified and clarified.

Documents:

HF2023.0 (Long).pdf - 3/2/2023
HF1655.0 (Finke).pdf - 3/2/2023
HF1581.0 (Becker-Finn).pdf - 3/2/2023
HF1459.0 (Freiberg).pdf - 3/2/2023
HF 1272 House Research Summary.pdf - 3/2/2023
HF1272.1 (Brand).pdf - 3/2/2023
HF 1084 Fiscal Note.pdf - 3/2/2023
HF 1084 House Research Summary.pdf - 3/2/2023
HF1084.0 (Frazier).pdf - 3/2/2023
HF 1083 Fiscal Note.pdf - 3/2/2023
HF 1083 House Research Summary.pdf - 3/2/2023
HF1083.0 (Frazier).pdf - 3/2/2023
HF 1056 House Research Summary.pdf - 3/2/2023
HF1056.1 (Edelson).pdf - 3/2/2023
HF 226 Fiscal Note.pdf - 3/2/2023
HF 226 House Research Summary.pdf - 3/2/2023
HF0226.1 (Moller).pdf - 3/2/2023
HF0118.0 (Scott).pdf - 3/2/2023
A23-0031 (Becker-Finn).pdf - 3/2/2023
Introduction to the Revisor's Bill, HF 1581.pdf - 3/2/2023
Memo of Explanation on Revisor's Bill, HF 1581.pdf - 3/2/2023
HF 865 House Research Summary.pdf - 3/2/2023
HF0865.0 (Hollins).pdf - 3/2/2023
H2023A5 (Long).pdf - 3/4/2023
Justice Action Network Testimony on HF 226.pdf - 3/4/2023
Minnesota Catholic Conference Testimony on HF 1655.pdf - 3/4/2023
League of Minnesota Cities Testimony on HF 1272.pdf - 3/5/2023
H2023A3 (Long).pdf - 3/5/2023
H2023A4 (Long).pdf - 3/5/2023
True North Legal and Minnesota Family Council Testimony on HF 1655.pdf - 3/6/2023
Minnesotans for Lawsuit Reform Testimony on HF 1459.pdf - 3/6/2023
Christa Moseng Testimony on HF 1655.pdf - 3/6/2023
H1459DE1 (Freiberg).pdf - 3/6/2023
HF 226 Prosecutor Initiated Resentencing Fact Sheet.pdf - 3/6/2023
Violence Free MN and MNCASA Testimony on HF 226.pdf - 3/6/2023
Public Owners (MnDOT, Admin, LMC, AMC, MAC, MICA) Testimony on HF 865.pdf - 3/6/2023
H0226A3 (Johnson).pdf - 3/6/2023
H1655A2 (Finke).pdf - 3/6/2023
H1084A2 (Frazier).pdf - 3/6/2023
HF 865 Article Submitted by MN Contractors Association.pdf - 3/6/2023
HF 865 Contract Submitted by MN Contractors Association.pdf - 3/6/2023
HF 865 List of Supporters.pdf - 3/6/2023
MN Council on Latino Affairs Testimony on HF 865.pdf - 3/6/2023
MN Drywall & Plaster Association Testimony on HF 865.pdf - 3/6/2023
MN Environmental Contractors Association Testimony on HF 865.pdf - 3/6/2023
MN Floorcovering Contractors Association Testimony on HF 865.pdf - 3/6/2023
MN Mechanical Contractors Association Testimony on HF 865.pdf - 3/6/2023
MN Nursery and Landscape Association Testimony on HF 865.pdf - 3/6/2023
MN Painting & Wallcovering Employers Association Testimony on HF 865.pdf - 3/6/2023
MN Pipe Trades Association Testimony on HF 865.pdf - 3/6/2023
MN Subcontractors Association Testimony on HF 865.pdf - 3/6/2023
MN Water Quality Association Testimony on HF 865.pdf - 3/6/2023
National Electrical Contractors Association Testimony on HF 865.pdf - 3/6/2023
National Fire Sprinker Association Testimony on HF 865.pdf - 3/6/2023
Sheet Metal, Air Conditioning & Roofing Contractors Association Testimony on HF 865.pdf - 3/6/2023
Thermal Insulation Contractors Association Testimony on HF 865.pdf - 3/6/2023
Clean Slate Act Info Sheet, HF 2023.pdf - 3/6/2023
SMART-TD and BLET Handout on HF 1272.pdf - 3/6/2023
SMART-TD and BLET Info Sheet on HF 1272.pdf - 3/6/2023
MDHR One Pager on the Take Pride Act, HF 1655.pdf - 3/6/2023
MN Council of Nonprofits Testimony on HF 1655.pdf - 3/6/2023
National Council of Jewish Women Testimony on HF 1655.pdf - 3/6/2023
H1083DE1 (Frazier).pdf - 3/6/2023
HF 118 Fiscal Note.pdf - 3/6/2023
H1272A6 (Brand).pdf - 3/6/2023
League of Minnesota Cities Testimony on HF 2023.pdf - 3/6/2023
Electrical Association Testimony on HF 865.pdf - 3/6/2023
3.2.23 Minutes.pdf - 3/6/2023
HF 2023 House Research Summary.pdf - 3/6/2023
HF 118 House Research Summary.pdf - 3/6/2023
HF2234.1 (Pinto).pdf - 3/6/2023
LatinoLEAD Support Testimony on HF 865.pdf - 3/6/2023
HF 1459 House Research Summary.pdf - 3/6/2023
HF 1655 House Research Summary.pdf - 3/6/2023
3.7.23 Agenda.pdf - 3/6/2023
Phillip Qualy Testimony on HF 1272.pdf - 3/7/2023
Mark Heaney Testimony on HF 1459.pdf - 3/7/2023
Girl Scouts Rivery Valleys Testimony on HF 1655.pdf - 3/7/2023

Audio:
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House TV Video:
View Archive

00:37 - HF2023 (Long) Clean Slate Act established, automatic expungement process provided for offenders, waiting periods modified for expungements that require petition, offenses that are eligible for expungement amended, records received and retained by Bureau of Criminal Apprehension modified, creation of database required, data classified, and money appropriated.
23:29 - HF865 (Hollins) Building and construction contract requirements modified and clarified.
1:03:25 - HF2234 (Edelson) Home and community-based services systemic critical incident review team established, adult foster care and community residential setting licensing provisions clarified, substance use disorder treatment requirements modified, councils and committees extended, provider-controlled and own-home settings clarified, technical and conforming changes made, effective dates clarified, and obsolete language related to chemical health pilot program repealed.
1:09:55 - HF1272 (Brand) Minimum crew size required for rail carriers, and penalties imposed.
1:26:40 - HF1581 (Becker-Finn) Miscellaneous technical corrections to laws and statues made; erroneous, obsolete, and omitted text and references corrected; and redundant, conflicting, and superseded provisions removed.
The committee recessed.
Runs 1 hour, 29 minutes.

House TV Video:
View Archive

00:10 - HF1459 (Freiberg) Civil remedies for consumer protection violations amended.
19:31 - HF1655 (Finke) Human Rights Act sections removed that allow for discrimination based on sexual orientation.
28:26 - HF226 (Moller) Prosecutor-initiated sentence adjustments established, and sentencing reporting required.
48:02 - HF1083 (Frazier) Criminal records expungement without petition authorized for individuals not guilty of crime as a result of identity theft or mistaken identity.
51:40 - HF1084 (Frazier) Criminal records sealing upon granting a pardon extraordinary authorized.
56:53 - HF118 (Scott) Forfeiture matter complaints permitted to be served by certified mail, statements of claim permitted in forfeiture matters to be served pursuant to Rules of Conciliation Court Procedure, and repealed statute references removed.
Runs 1 hour.

Show Full Schedule Agenda:

1. HF 2023 (Long) Clean Slate Act established, automatic expungement process provided for offenders, waiting periods modified for expungements that require petition, offenses that are eligible for expungement amended, records received and retained by Bureau of Criminal Apprehension modified, creation of database required, data classified, and money appropriated.
2. HF 865 (Hollins) Building and construction contract requirements modified and clarified.
3. HF 1272 (Brand) Minimum crew size required for rail carriers, and penalties imposed.
4. HF 2234 (Edelson) Home and community-based services systemic critical incident review team established, adult foster care and community residential setting licensing provisions clarified, substance use disorder treatment requirements modified, councils and committees extended, provider-controlled and own-home settings clarified, technical and conforming changes made, effective dates clarified, and obsolete language related to chemical health pilot program repealed.
5. HF 1459 (Freiberg) Civil remedies for consumer protection violations amended.
6. HF 1655 (Finke) Human rights act sections removed that allow for discrimination based on sexual orientation.
7. HF 226 (Moller) Prosecutor-initiated sentence adjustments established, and sentencing reporting required.
8. HF 1581 (Becker-Finn) Miscellaneous technical corrections to laws and statues made; erroneous, obsolete, and omitted text and references corrected; and redundant, conflicting, and superseded provisions removed.
9. HF 1083 (Frazier) Criminal records expungement without petition authorized for individuals not guilty of crime as a result of identity theft or mistaken identity.
10. HF 1084 (Frazier) Criminal records sealing upon granting a pardon extraordinary authorized.
11. HF 118 (Scott) Forfeiture matter complaints permitted to be served by certified mail, statements of claim permitted in forfeiture matters to be served pursuant to Rules of Conciliation Court Procedure, and repealed statute references removed.

Committee discussion of all bills will be limited to the provisions within the jurisdiction of the Judiciary Finance and Civil Law Committee. Items may be taken up in any order, items may be added or removed at the Chairs' discretion.

HANDOUTS: Handouts in Word or PDF format should be emailed to the committee administrator by 10am the business day before the hearing. Submitted written testimony is public and will be included in the official committee record. It will be posted to the committee webpage if received by deadline.
TESTIFYING: The number of testifiers and length of time permitted is at the discretion of the chair, and is subject to change. If you would like to testify, please email the committee administrator by 5pm the business day before the hearing.
DOCUMENTS: Meeting documents may be found on the Judiciary Finance and Civil Law webpage.
ACCESSIBILITY: To learn more about requesting an accommodation, please visit the FAQs for Disability Access. If you have further questions on accommodations or accessibility, please contact the Committee Administrator.