2005
Session Updates
MSBA Legislative Committee
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5/30/05 | 5/2/05 | 4/25/05 | 4/18/05 | 4/11/05 | 4/4/05 | 3/28/05 | 3/21/05 | 3/14/05 | 3/7/05 | 2/28/05 | 2/21/05 | 2/14/05 | 2/7/05 | 1/31/05
On May 23, 2005, the Minnesota Legislature adjourned; only to be called back into Special Session at 12:01 AM on May 24, 2005. This is the eleventh Special Session since 1993 (with three in 1997); and the fourth in the last five years. While there is much speculation as to how long the Special Session will last, a final budget must be prepared by June 30, 2005, the end of the state’s current fiscal year.
Fortunately, the MSBA’s legislative agenda was completed during the regular session. In chronological order, the Probate Section’s bill was passed as Chapter 26 (H.F. 368/S.F. 392) and signed into law on April 22, 2005. The recodification of Chapter 300 sponsored by the Business Law Section was signed into law on May 23 as Chapter 69 (H.F. 1043/S.F. 767). The two Real Property Section bills, the modification of the Common Interest Ownership Act and Omnibus Real Estate bill were presented to the Governor on May 24 as Chapters 121 (H.F. 369/S.F. 393) and 119 (H.F. 367/S.F. 391); respectively.
In addition to the MSBA’s endorsed legislation, the Probate Section’s alternative language regarding the recovery of medical assistance claims against trusts was included in H.F. 2448 which passed in the closing hours of the session.
While the majority of Omnibus Finance bills were not completed during the regular session, the Omnibus Public Safety bill was passed before adjournment. The highlights of the bill are a 1.5% salary increase for justices and judges; four new trial judges (two in the Seventh district and two in the Tenth); and a $5 million annual increase in the appropriation for civil legal services. These appropriations are funded through fee and surcharge increases including: a $5 increase in the civil filing fee, $12 increase in criminal/traffic surcharge, and a $3 increase in the parking surcharge. The bill also requires the state court administrator to convene a working group to study and make recommendations on public defender representation in CHIPS cases to the Legislature by January 15, 2006.
Also noteworthy was the passage of S.F. 630/H.F. 1321, the child support bill, and the Legislature’s failure to act on S.F. 1733/H.F. 1845 regarding the setting of attorneys’ fees in certain cases.
Lloyd Grooms, MSBA Legislative Representative
The House and Senate continue working on their budget bills. Both bodies have passed their respective Omnibus Public Safety Finance bills, which include the courts’ funding, as well as significant criminal provisions. Differences between the bills will be resolved in conference committee.
In addition, on April 29, 2005, the House passed its Omnibus Health Finance bill which contains provisions regarding medical assistance recovery against estates and trusts. The Senate passed its Health Finance bill on May 4, 2005; and now the Health bills will be sent to conference committee.
With their focus on passing the finance bills, neither the House nor Senate
acted in the last week on the MSBA-endorsed bills.
Lloyd Grooms, MSBA Legislative Representative
The House and Senate move this week to complete work on their respective budget bills. Particularly relevant is the House and Senate Omnibus Public Safety Budget bills which include funding for the courts, legal aid and public defenders.
The bills include several revenue raising measures including: (1) an increase in the civil filing fee from $235 to $240; (2) increase in the criminal/traffic surcharge from $60 to $71; and (3) and increase in the surcharge on recording fees, with the House calling for a $4 increase and the Senate bill increasing the surcharge by $6.
On the policy side, there are several significant court-related provisions. The House bill authorizes the appointment of nine new District Court judges in response to the numerous statutory provisions created by the new legislation. The Senate bill does not include this recommendation. And, while the House bill limits judicial salary increases to the average increase given to State employees, the Senate file expressly prohibits the use of any appropriation for judicial salary increases.
The House file also includes a limitation on the right to representation by public defenders expressly prohibiting the Board of Public Defense from providing or paying for public defender services to persons other than those entitled to representation by statute.
In addition, the MSBA-endorsed legislation continues to move forward. On April 22, 2005, the Governor signed the Probate Section bill (H.F. 368/S.F. 392) as Chapter 26. And, the Senate passed the Business Law Section’s Chapter 300 recodification, on April 21, 2005.
Lloyd Grooms, MSBA Legislative Representative
This week all eyes are on the various finance committees as they prepare to pass their respective budget bills. The House Public Safety Policy and Finance Committee completed its budget work on April 19; the Senate Public Safety Budget Division has scheduled hearings on April 21 and 22 to consider its Omnibus Public Safety Finance bill.
While the budget bills are being prepared, the MSBA-endorsed bills continue
to move forward. The Probate Section’s general bill, H.F. 368/S.F. 392
has passed both the House and Senate and was presented to the Governor on April
19. The two bills sponsored by the Real Estate Section, H.F. 367/S.F. 391 (general
real estate) and H.F. 369/S.F. 393 (Minnesota Common Interest Ownership Act)
have passed the House and are waiting Senate action. The Business Law Section’s
bills for the recodification of Chapter 300 (H.F. 1043/S.F. 767) are out of
policy committees and on the floor in both the House and Senate; respectively.
Lloyd Grooms, MSBA Legislative Representative
With the second committee deadline on April 12, 2005, the Legislature is turning its attention to finance bills. On Monday, April 11, the Senate Public Safety Budget Division took up S.F. 1020 which increases recording fees to provide additional funding for legal aid. The House Public Safety Policy and Finance Committee is scheduled to hear the courts’ budgets on April 13 and the Board of Public Defense Budget on April 14.
Before the deadline passed, the House and Senate acted on several noteworthy civil litigation bills. The House Civil Law Committee and Senate Judiciary Committee passed companion bills, H.F. 1325 and S.F. 1416, which provide for interlocutory appeal on the question of class certification. Both bills were re-referred to finance committees.
The House Civil Law Committee also passed amended versions of H.F. 1464, the medical malpractice reform bill and H.F. 1845, dealing with awarding attorneys’ fees under statute. Both bills were referred to the House floor.
Although the Senate did not act on the medical malpractice reform bill, S.F. 2131, it did pass an amended version of S.F. 1733, the companion to H.F. 1845 regarding attorneys’ fees when a statute provides for the award of attorneys fees. The Senate Judiciary Committee amended both sections of the bill; first by deleting the section addressing Rule 68 Offers of Judgment and then by amending the remaining section with language setting out specific criteria for the court to consider in awarding “reasonable” attorneys’ fees.
Lloyd Grooms, MSBA Legislative Representative
Facing the first committee deadline on April 5, and the second committee deadline only one week away, the House and Senate committees scheduled full agendas. In the House, the House Civil Law and Elections Committee scheduled 24 bills for April 5. Particularly noteworthy on the agenda are: H.F. 1845 which would require a reasonable relation of fees to damages and amends the offer of judgment under Rule 68 of the Rules of Civil Procedure; H.F. 2096 which provides for the recording of summary of real estate disposition judgments; H.F. 1889 which implements child protection, child care, and child and family support provisions; and H.F. 2254 which establishes the Minnesota False Claims Act. Also on April 5, the House Commerce Committee considered H.F. 2019 which provides for medical assistance recovery from trusts and annuities.
Over in the Senate, the Senate Judiciary Committee is scheduled to hear three family law bills during the evening of April 7; specifically, S.F. 630, S.F. 1900 and S.F. 1710. At its regularly scheduled meeting on Thursday afternoon, the Judiciary Committee is scheduled to take up S.F. 1415 and 1416; bills reducing the statute of limitations on certain actions and providing for interlocutory appeal on question of class certification in civil actions; respectively.
Given bills will not be considered unless they have passed through all policy committees of both bodies by the second deadline, we can expect many bills to be added to committee agendas between now and next Tuesday; so members are encouraged to monitor House and Senate committee schedules on a daily basis.
--Lloyd Grooms, MSBA Legislative Representative
Legislators returned from Spring break with only one week left to the first committee deadline of April 5, 2005. As a result, House and Senate committees have full agendas for this week and numerous bills of interest are scheduled to be heard before next Tuesday.
Both the House Senate Judiciary Committee and House Civil Committee will take up a number of family law bills. For example, on Tuesday, March 29, the House Civil Law Committee will hear H.F. 576 modifying paternity presumption provisions; and then on Wednesday, March 30, the Committee will consider H.F. 2110 regarding custody and parenting time and H.F. 761 regarding changing certain procedures for removal of a child’s residence from Minnesota.
On the Senate side, on Tuesday, March 29, the Senate Judiciary Subcommittee on Family Law is scheduled to hear S.F. 1581 requiring certain information in summary real estate disposition judgments and identifying pension plans subject to marital property division, S.F. 1920 proposing returning to a safety focus when awarding custody and parenting time, and S.F. 1900 regarding marriage dissolution and child custody provisions. On March 31, the Senate Judiciary Committee will hear S.F. 644, the Omnibus Family Law bill, S.F. 630 regarding marriage dissolution and child support and custody, and S.F. 1900.
The House Civil Law Committee will hear three other noteworthy bills. First, on Tuesday, March 29, the House Civil Law Committee will consider H.F. 665 eliminating the prohibition of service of legal process on Sunday. On Wednesday, March 30, the Committee will take up H.F. 1845 relating to determining the amount of attorney’s fees awarded in certain actions. Finally, on Friday, April 1, the Committee will hear H.F. 2019 which includes a provision regarding the recovery of medical assistance claims against trusts and annuities. This bill was previously part of H.F. 1422, the Governor’s Omnibus Health and Human Services Bill.
Finally, the House Public Safety Policy and Finance Committee will consider H.F. 848 which limits public defender representation to statutorily-designated persons and H.F. 1228 which increases recording and registration fee surcharges to fund legal aid.
--Lloyd Grooms, MSBA Legislative Representative
We continue to await final floor action on the MSBA-endorsed bills. Last week, the House did pass H.F. 367, the Real Property Section’s proposed legislation. Now, the Senate has passed the Probate-endorsed bill and the House has acted on the Real Property-endorsed bill.
On the committee front, the House Civil Law Committee passed H.F. 1464, the medical malpractice liability reform bill, and re-referred the bill to House Public Safety Policy and Finance Committee for further consideration. John Dornik, chair of the MSBA Legislative Committee, testified in opposition to the bill. Similarly, the House Civil Law Committee passed H.F. 1325 providing for interlocutory appeal on class certification questions and re-referred the bill to the House Public Safety Policy and Finance Committee.
The House Civil Law Committee also passed H.F. 6, the bill proposing an amendment to the Minnesota Constitution regarding same sex marriage, and H.F. 1321 regarding child custody and support.
The House Health and Human Services Committee took up H.F. 1422, the Governor’s Health and Human Services Budget Bill, which included provisions for recovering medical assistance payments from estates.
In the Senate, the Uniform Mediation Act, S.F. 1478, was removed from the Senate Judiciary Committee agenda to allow further review by the Alternative Dispute Resolution Section. The Senate Judiciary Committee did pass S.F. 1010 prohibiting prejudgment garnishment in certain circumstances and S.F. 1143 expanding the applicability of domestic abuse no contact orders.
Other noteworthy action included the introduction of S.F. 1733 which proposes a factor for determining the amount of attorney fees awarded in certain actions. The companion bill, H..F. 1845, also was introduced.
On Wednesday afternoon, March 23, the House and the Senate will adjourn for the spring break. They will return on Tuesday, March 29.
--Lloyd Grooms, MSBA Legislative Representative
With the MSBA-endorsed legislation awaiting floor action, our attention has turned to other bills being scheduled for hearing in the respective House and Senate committees. Litigators may be interested in four bills up in committees this week. On Monday, House Civil Law and Elections Committee will hear H.F. 1325 providing for interlocutory appeal on the question of class certification. Then on Wednesday, House Civil Law takes up the medical malpractice liability bill, H.F. 1464. Also on Wednesday, the House Public Safety Policy and Finance Committee is scheduled to consider H.F. 665 which would eliminate the prohibition against legal process on Sunday. In the Senate, the Uniform Mediation Act (S.F. 1478) was scheduled to be considered by the Senate Judiciary Committee on Tuesday, March 15, but the hearing on the bill was postponed.
Probate and Elder Law practitioners might be interested in the House Health Policy and Finance Committees walk through of H.F. 1422 which includes provisions regarding medical assistance claims against estates and trusts.
--Lloyd Grooms, MSBA Legislative Representative
All the MSBA-endorsed legislation is on the House and Senate floors; respectively. At this time, there is no schedule for action on these bills.
Medical liability legislation has taken center stage in the House committees this week. Medical liability bills (House Files 1464, 1465 and 653) are scheduled in the House Health Policy and Finance and Civil Law committees. House File 1464 which calls for reforming medical malpractice liability also includes limits on attorneys fees.
Also noteworthy is the introduction of House File 1571 which amends the effect of a settlement offer on the recovery of costs and disbursements, notwithstanding Rule 68.
-- Lloyd Grooms, MSBA Legislative Representative
Week of Feb. 28, 2005
The vast majority of the MSBA legislative agenda is sitting on the House and
Senate floors awaiting final action. There is no timeline for action on the
respective bills. The lone bill still in committee, House File 1043, the Chapter
300 recodification, is scheduled to be heard in the House Civil Law Committee
on March 2.
Over the course of last week, two uniform acts were introduced. The Uniform Environmental Covenants Act was introduced as House File 1154. In addition, the Uniform Mediation Act was introduced in the House as House File 1159. In 2002, upon the recommendation of the Alternative Dispute Resolution (“ADR”) section, the MSBA recommended that the Legislature defer action on the Uniform Mediation Act to allow further time for study.
The February forecast was announced on Monday, February 28. The revised forecast shows a decrease in the deficit from $700 million to $466 million.
--Lloyd Grooms, MSBA Legislative Representative
Week of Feb. 21, 2005
The MSBA legislative agenda continues to move forward at the Capitol. The
bills sponsored by the Real Property Section (S.F. 391/H.F. 367, and S.F. 393/H.F.
369) and the Probate Section (S.F. 392/H.F. 368) have passed out of committee
and been referred to the House and Senate floors; respectively. On February
14, the Senate passed the Probate bill by a vote of 63-0.
The recodification of Chapter 300 sponsored by the Business Law Section has been introduced as S.F. 767/H.F. 1043. The Senate Judiciary Committee passed the bill on February 22. The House bill is being scheduled for hearing.
On the budget front, House and Senate committees continue to hear testimony on funding for the courts. Specifically, the Senate Public Safety Budget Division of the Senate Finance Committee is scheduled to take testimony on legal services and the courts during its hearing on February 23. In addition, Senator Ranum, chair of the Public Safety Budget Division, has introduced S.F. 1020 to provide additional funding for legal services through a $4 increase in the surcharge on certain recording and registration fees.
The Governor is expected to release his February budget forecast on February 28.
Also noteworthy, Senator Michele Bachmann and Representative Ray Vandeveer have introduced a resolution (S.F. 1107/H.F. 1029) calling for Minnesota's congressional delegation to support meaningful class action and medical malpractice liability reform.
--Lloyd Grooms, MSBA Legislative Representative
Week of Feb. 14, 2005:
On February 14, 2005, the Chapter 300 recodification sponsored by the Business
Law Section was introduced as House File 1043. The bill has now been introduced
in both the House and the Senate and hearings on the legislation may begin as
early as next week.
The other MSBA bills are on the floors of the respective bodies awaiting further action. The Senate passed the Probate bill off its Consent Calendar on Monday, February 14.
While committees began hearings this week on the court budget, the Governor signed the deficiency funding bill that provides approximately $7.7 million to public defenders.
--Lloyd Grooms, MSBA Lobbyist
Week of Feb. 7, 2005:
On February 8, 2005, the MSBA endorsed real estate (S.F. 391 and S.F. 393) and
probate (S.F. 392) bills were heard in the Senate Judiciary Committee and passed
out to the Senate floor. Now, both the Senate and House companions are on the
floors of the respective bodies.
The Chapter 300 recodification sponsored by the Business Law Section was introduced in the Senate as S.F. 767. The House bill is scheduled to be introduced next week. No hearings have been scheduled for these bills.
On the budget front, the House Public Safety Policy and Finance Committee heard the Governor's budget recommendation for Public Defenders on February 8, 2005. The Senate Public Safety Budget Division of the Finance Committee has scheduled a hearing on the Public Defenders for February 14. Both the House and Senate Committees are expected to take up the Court's budget over the course of next week.
--Lloyd Grooms, MSBA Legislative Representative
Week of Jan. 31, 2005
The Minnesota State Legislature convened on January 4, 2005, with 25 new House
of Representatives members. As a result of the November election, the DFL gained
13 new seats in the House narrowing the Republican majority to 68 versus 66.
The session is scheduled to adjourn on May 23 of this year.
As of the end of January, 644 bills already have been introduced in the Senate; and the House has introduced 649 bills. Bills that may be of particular interest to the respective sections can be found at MyBills Personalized Bill Tracking on the State Legislature's website. Legislative coordinators/liaisons should review bill introductions and notify Lloyd Grooms if any additional bills should be added or if bills currently listed should be excluded. This review should be done at least weekly to keep the lists current.
Three bills endorsed by the MSBA have been introduced and scheduled for hearings. The two Real Property bills were introduced as S.F. 391/H.F. 367 and S.F. 393/H.F. 369; respectively. The legislation proposed by the Probate Section was introduced as S.F. 392/H.F. 368. These bills were heard and passed by the House Civil Law Committee on February 3, 2005 and referred to the General Register. These bills are scheduled to be heard in the Senate Judiciary Committee on February 8 at 12:00 PM in Room 112 of the Capitol. The recodification of Chapter 300 sponsored by the Business Law Section will be introduced early next week in the Senate, and the House companion likely will be introduced later in the week or early the following week.
Unlike last year when legislative leaders could not agree on committee deadlines, this year Senate Majority Leader Dean Johnson and Speaker Steve Sviggum already have agreed to a timeline for committee action. By April 5, all bills must be approved by all relevant policy committees in either the House or the Senate. Bills must be out of all policy committees in the second body by April 12th. The Senate Finance and House Ways and Means Committees must pass their omnibus appropriation bills by April 22.
Particularly noteworthy in the initial bill introductions was H.F. 57/S.F. 350, the State Government Deficiency Funding Bill. This legislation included a $7.7 million appropriation for public defenders to restore the monies lost when the Minnesota Supreme Court found co-payments to be unconstitutional. The House passed the measure on January 20 and the Senate gave the bill its third reading on January 27, 2005. A six member Conference Committee will reconcile differences between the House and Senate versions of the bills.
In addition, on January 25, 2005, the Governor released his 2006-2007 budget proposal. While noting the separation of powers and desire for the judiciary to independently present its budget request directly to the Legislature, for purposes of submitting a balanced budget, the Governor identified certain funding for the judicial branch which includes a Supreme Court, Court of Appeals, trial courts, legal profession boards and Board of Public Defenders. The Governor's budget shows a slightly more than 3% increase for the judicial branch when the monies committed to satisfy the deficiency requests of the Board of Public Defenders is included.
More specifically, the Governor recommended a $16.6 million increase for the courts in recognition of increases in case loads and other court pressures in the criminal justice area and an additional $10 million for additional trial and other court-related costs anticipated as a result of changes in sentences for sex and methamphetamine offenders. The recommended increases for public defenders include almost $4 million for caseload increases and $11 million for changes in sentencing policies and practices for sex and methamphetamine offenders. The Governor is also recommending a $10 increase in criminal/traffic surcharges to raise $11.4 million.
--Lloyd Grooms, MSBA Legislative Representative
- Last Updated 6/1/05 -