STATE OF MINNESOTA THIRTIETH MEETING
HOUSE OF REPRESENTATIVES EIGHTY-SIXTH SESSION
CIVIL JUSTICE POLICY COMMITTEE MINUTES
Representative Mullery, Chair, called the meeting to order at 8:43 A.M. on Wednesday, February 17, 2010, in Room 10 of the State Office Building.
The Legislative Assistant noted the roll.
Members Present:
Mullery, Chair
Kulick Jackson, Vice Chair
Drazkowski, GOP Lead
Champion
Hilstrom
Johnson
Kelly
Mahoney
Olin
Paymar
Scott
Westrom
Members Excused:
Holberg
A quorum was present.
Representative Kulick-Jackson moved approval of the Minutes for February 15, 2010. THE MOTION PREVAILED.
H.F. 2615 (Mullery): A bill for an act relating to forfeiture; requiring officers to give forfeiture receipts upon seizure of property; implementing timelines for forfeiture notices and hearings; placing a cap on the value of property that may be forfeited administratively; authorizing petitions for remission and mitigation of seized property; requiring certification by prosecutor before property may be forfeited administratively; requiring forfeiture proceeds to be deposited in special trust accounts; directing Department of Public Safety to establish ethical guidelines related to forfeiture proceedings; requiring law enforcement to secure seized property; prohibiting sale of forfeited property to law enforcement officers, employees, and family members; amending Minnesota Statutes 2008, sections 609.531, subdivisions 4, 5, by adding subdivisions; 609.5311, subdivision 3; 609.5313; 609.5314, subdivisions 2, 3; 609.5315, subdivisions 1, 2, 5.
Chair Mullery announced how he planned to proceed with today’s hearing.
Jim Nobles, Legislative Auditor, gave opening remarks and background on the forfeiture issue.
Representative Kulick-Jackson assumed the chair at 8:55 a.m.
Representative Mullery gave an overview of Minnesota forfeiture laws versus laws in other states and explained the provisions in his bill that would bring Minnesota more in line with what the majority of other states are doing.
Representative Mullery resumed the chair at 9:15 a.m.
Testifying on various forfeiture ideas:
Carolyn Jackson, Director of Investigations, ACLU Minnesota
John Kingrey, Executive Director, Minnesota County Attorneys Association
Jim Franklin, Executive Director, Minnesota Sheriffs Association
Chair Mullery stated his intent to gather all ideas on forfeiture together before putting a bill together in committee at a future meeting.
The meeting adjourned at 10:05 A.M.
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Joe Mullery, Chair
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Vickie Benson, Committee Legislative Assistant