The House took up its own justice system budget bill yesterday, crafted by Judiciary Committee chair Rep. Debra Hilstrom, a DFL lawyer-legislator from Brooklyn Center.  Like the Senate version, the House bill provides additional funding for the justice system; however, only the House version includes fee increases.  The bill passed on a party line vote.

Conferees have been named to a conference committee that will iron out the differences between the two bills.

Mediation: The House jobs and economic development omnibus bill, HF729, passed off both the House and Senate floors this week. The bill includes an allocation to the Bureau of Mediation Services for funds to go to the Office of Collaboration and Dispute Resolution for grants and public policy collaboration. The bill passed off the House floor on a 75-57 vote while the Senate passed it more decisively with a 42-19 vote. A conference committee will be needed to resolve differences between the House and Senate versions of the bill.

Collaborative Law: HF283, a bill aiming to limit the availability of evidence arising from the collaborative law process, was taken up on the House floor on Tuesday.  The bill is authored by lawyer-legislator Rep. Ryan Winkler (D-Golden Valley) and quickly passed with a vote of 117-14.

Community Property: Freshman representative and lawyer-legislator Rep. Mike Freiberg (D-Golden Valley) guided HF369 through a vetting on the House floor on Tuesday.  The bill adopts the Uniform Community Property Rights at Death Act and passed on a unanimous vote.

Civil Actions: HF450, a bill that would modify the limitations period for damages related to services or construction to improve to real property, passed the House and Senate unanimously this week. The bill provides that claims for contribution or indemnity cannot be brought more than 14 years after substantial completion of the construction.  The bill is being carried by a pair of lawyer-legislators, Rep. Joe Atkins (D-Inver Grove Heights) and Sen. Ron Latz (D-St. Louis Park).

False Claims: On Wednesday the Senate took up HF290, a bill modifying false claims provisions to bring the Minnesota statute into federal conformity.  The bill was presented by lawyer-legislator Sen. Ron Latz (D-St. Louis Park) and passed on a vote of 60-3.  The bill has been sent to Gov. Dayton.

Foreclosure Consultants: HF129 was taken up and passed by the Senate on Wednesday.  The bill clarifies the definition of a foreclosure consultant.  This bill was also sent to Gov. Dayton.

Power of Attorney: The Senate unanimously passed, HF232, which modifies the statutory short form power of attorney.

Radon Disclosure: SF887, a large bill from the Minnesota Department of Health, was passed off of the Senate floor on Thursday.  The bill contains a provision involving radon education and disclosure for residential real property. The Real Property Section worked with department employees and other stakeholders to craft workable language.  The bill passed with a vote of 45-20.

Eminent Domain: Both the House Civil Law and Judiciary committees took up HF338, a bill that incorporates attorney fees, loss of an ongoing concern, and relocation and appraisal costs into the “Buy The Farm” law.  The bill passed both committees and was sent to the House floor.

Consumer Debt: The House Rules Committee took up HF80, a bill regulating assigned consumer debt default judgments.  The bill is authored by lawyer-legislator Rep. Debra Hilstrom (D-Brooklyn Center).  The bill was passed to the House floor.

Taxes: The House Tax omnibus bill (HF677) passed out of both the Taxes and Ways & Means committees this week.  The large bill contains the language of the MSBA Tax Law Section’s “postmark rule” bill for Minnesota Tax Court filings. It also reinstates additional mortgage registry and deed taxes in Hennepin and Ramey counties, which had sunset at the end of last year. The bill would also address technical problems with the farm and small business estate tax exclusions as well as create a gift tax.  The bill moved to the House floor.

The plans from the House, Senate, and Governor all give funding increases to the court system, civil legal services, and public defenders. The courts are treated similarly under all three proposals, which also all include pay raises for judges.  Public defenders are given more under the House and Senate plans (slightly more in the House) than they are under Dayton’s proposal.  Civil legal services would be funded at an equal level under the House and Dayton plans, and at higher level in the Senate. The House’s overall funding target for the justice system was lower than the Senate’s; the House plan makes up some of the difference with a $15 increase in the criminal and traffic surcharge, tiered conciliation court filing fee increases tied to the amount in dispute, and a $2 “technology fee” on filings.

Presumption of Rehabilitation: HF1184, the state government omnibus bill, passed out of the State Government Finance Committee on Tuesday.  The bill includes the language of HF88, a bill supported by the Criminal Law Section that would establish honorable discharge from the military as a presumption of rehabilitation for employment and licensure under Chapter 364.

Prosecutor Protections: SF712 passed the Senate Judiciary Finance Division.  The bill would impose life imprisonment for killing a prosecutor or judge, up to a 20 year sentence for attempting to use deadly force against a prosecutor or judge, and up to two years for assaulting a prosecutor or judge. The bill is carried by lawyer-legislator Sen. Dave Thompson (R-Lakeville).

Consumer Debt: The House Judiciary Committee took up HF80, a bill regulating assigned consumer debt default judgments.  The bill is authored by committee chairwoman and lawyer-legislator Rep. Debra Hilstrom (D-Brooklyn Center).  The bill was amended and passed to the Rules Committee.

Mediation: The House jobs and economic development omnibus bill, HF729, passed out of its second committee, Ways & Means, on Tuesday. The bill includes an allocation to the Bureau of Mediation Services for funds to go to the Office of Collaboration and Dispute Resolution for grants and public policy collaboration.  The bill now resides on the House floor, awaiting action from the full body.

Contract For Deed: The House omnibus commerce budget bill, HF1682, was vetted by the Ways & Means Committee this week.  The bill is being carried by lawyer-legislator Rep. Joe Atkins (D-Inver Grove Heights). It includes the language of HF536, a bill that would create new requirements for contract for deed transactions, which had been amended to incorporate numerous suggestions from the Real Property Section.

Taxes: The Senate tax reform proposal was unveiled on Thursday.  Although the proposal expands the sales tax base to some services, it does not include legal services as a taxable item.

False Claims: Lawyer-legislator Rep. Steve Simon (D-Hopkins) guided HF290 to unanimous passage on the House floor. The bill conforms Minnesota’s False Claims Act with federal standards.

Power of Attorney: The House unanimously passed HF232, which modifies the statutory short form power of attorney. Numerous suggestions from the Bar have been incorporated into the bill, which is carried by lawyer-legislator Rep. Debra Hilstrom (D-Brooklyn Center).

Securities Oversight: On an 81-49 vote, the House passed HF1243, which aligns the state’s securities and franchise registration laws with federal standards.  The bill is carried by lawyer-legislator Rep. Joe Atkins (D-Inver Grove Heights).

Contract For Deed: The House omnibus commerce budget bill, HF1682, carried by lawyer-legislator Rep. Joe Atkins (D-Inver Grove Heights), passed the House Commerce Committee this week. The bill includes the language of HF536, a bill that would create new requirements for contract for deed transactions, which had been amended to incorporate numerous suggestions from the Real Property Section.

Family Support: SF347, the Uniform Interstate Family Support Act, was taken up by the Senate Judiciary Finance Division.  The bill, which has been vetted by the Family Law Section, was quickly passed and sent to the full Finance Committee.

Farm And Small Business Estate Taxes: Two bills modifying the farm and small business estate tax exclusions in Minn. Stat. 291.03 were considered in the House Taxes Committee on Wednesday.  Both HF386 and HF1092 were discussed and laid over for possible inclusion in the omnibus tax bill.  The bills contain language similar to that which was proposed by the Probate Section last session in an attempt to correct significant problems in the current statutory language, which was created during the 2011 special session. Unfortunately, the corrective language last year was included in two tax bills that were vetoed.

Forfeiture I: The fiscal implications of SF873 were considered by the Senate Judiciary Finance Division on Thursday.  The bill, authored by lawyer-legislator Sen. Dave Thompson (R-Lakeville), would shift the burden of proof on judicial forfeitures decisions, expand and codify the homestead exemption, and impact motor vehicle reclamation.  The policies contained in the bill were controversial in its first hearing, but the discussion within the Division was less contentious and the bill passed.

Forfeiture II: SF874, also carried by Sen. Thompson, passed out of the Senate Judiciary Finance Division as well. This bill aims to repeal the administrative forfeiture presumption and change the conviction requirement for judicial forfeiture of property associated with controlled substances offenses and vehicles used in drive-by shootings.

Guardianship: The Senate Judiciary Finance Division took up SF7, a bill that creates new background check and reporting requirements for guardians and conservators.  The bill is being carried by the committee chair, lawyer-legislator Sen. Ron Latz (D-St. Louis Park).  After the bill’s fiscal impact was considered, it was passed to the full Finance Committee.  The bill incorporates many changes suggested by the Probate Section.

Mediation I: The House jobs and economic development omnibus bill, HF729, was discussed in committee this week.  The bill includes an allocation to the Bureau of Mediation Services to establish an Office of Collaboration and Dispute Resolution.  The bill was successfully amended by lawyer-legislator Rep. Joe Mullery (D-Minneapolis), who noticed language that would have overly restricted access to the contractor recovery fund.

Mediation II: The House Judiciary Committee considered HF873 on Tuesday.  The bill would establish a mediation pilot program in Rice County that would be funded by a surcharge on district court filing fees.  The bill was discussed and laid over for possible inclusion in the judiciary omnibus bill. The Senate companion bill has not received a hearing.

MRT and Deed Tax Surcharges: The Property and Local Tax Division report was vetted and passed to the full House Tax Committee this week.  The bill, HF2, includes a provision that reinstates the authority of Hennepin and Ramsey counties to impose additional mortgage registry and deed taxes, which had expired at the end of last year. The provision incorporates language suggested by the Real Property Section to prevent unintended title problems.

Sex Offenders: The Senate Judiciary Finance Division took up SF1241, a bill authored by lawyer-legislator Sen. Dick Cohen (D-St. Paul).  After discussion, the bill passed and was sent to the full Finance Committee. The bill would establish a 36-month presumptive sentence for certain repeat sex offenders, and would allow a court to stay the sentence only if “a professional assessment indicates the offender is accepted by and can respond to treatment at a long-term inpatient program.”