Judiciary Finance and Civil Law Division

FIRST MEETING - FIRST SPECIAL SESSION 2020

2019-2020 Regular Session - Monday, June 15, 2020

STATE OF MINNESOTA FIRST MEETING
HOUSE OF REPRESENTATIVES FIRST SPECIAL SESSION 2020

JUDICIARY FINANCE AND CIVIL LAW DIVISION
COMMITTEE MINUTES

Representative John Lesch, Chair of the Judiciary Finance and Civil Law Division, called the virtual committee meeting to order at 9:47 A.M. on Monday, June 15, 2020 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:
LESCH, John
MOLLER, Kelly
SCOTT, Peggy
ALBRIGHT, Tony
BAHR, Cal
CANTRELL, Hunter
CARLSON, Andrew
CONSIDINE, Jack
HASSAN, Hodan
HER, Kaohly
JOHNSON, Brian
LIEBLING, Tina
LUCERO, Eric
MARIANI, Carlos
NOOR, Mohamud
O’NEILL, Marion
ROBBINS, Kristin
XIONG, Jay

A quorum was present.

Representative Moller moved to approve the minutes from May 4, 2020. THE MOTION PREVAILED.

HF 76 (Mariani): Public safety; warrior-style training for peace officers prohibited, peace officer duty established to intercede when another is using unreasonable force, data included in complaint or charge against peace officer clarified, various other provisions modified, and money appropriated.

Representative Mariani moved that HF 76 be recommended to be re-referred to the Ways & Means committee.

Representative Mariani moved to adopt the A1 amendment.

Representative Mariani moved to adopt the A6 amendment to the A1 amendment.
Representative Mariani introduced an oral amendment (Page 1, line 17, delete “to” and insert “on”) to the A6 amendment.

THE ORAL AMENDMENT WAS ADOPTED and the A6 amendment, as amended, WAS ADOPTED.

The A1 amendment, as amended, WAS ADOPTED.

Representative Mariani moved to adopt the A2 amendment. Representative Lucero requested a roll call vote on the A2 amendment. The results were as follows:

Ayes:
MOLLER, Kelly
CANTRELL, Hunter
CARLSON, Andrew
CONSIDINE, Jack
HASSAN, Hodan
HER, Kaohly
LIEBLING, Tina
MARIANI, Carlos
NOOR, Mohamud
XIONG, Jay

Nays:
LESCH, John
SCOTT, Peggy
ALBRIGHT, Tony
BAHR, Cal
JOHNSON, Brian
LUCERO, Eric
O’NEILL, Marion
ROBBINS, Kristin

There being 10 ayes and 8 nays, the AMENDMENT WAS ADOPTED.

Representative Mariani presented HF 76 to the committee.

Testifier:
Representative Samantha Vang

Representative Mariani moved that HF 76, as amended, be recommended to be re-referred to the Ways & Means committee. A roll call vote was taken, and the results were as follows:

Ayes:
LESCH, John
MOLLER, Kelly
CANTRELL, Hunter
CARLSON, Andrew
CONSIDINE, Jack
HASSAN, Hodan
HER, Kaohly
LIEBLING, Tina
MARIANI, Carlos
NOOR, Mohamud
XIONG, Jay

Nays:
SCOTT, Peggy
ALBRIGHT, Tony
BAHR, Cal
JOHNSON, Brian
LUCERO, Eric
O’NEILL, Marion
ROBBINS, Kristin

There being 11 ayes and 7 nays, the MOTION PREVAILED.

HF 77 (Mariani): Peace officer's authority to use deadly force modified, prosecutorial authority for peace-officer-involved deaths assigned to the attorney general, independent Use of Force Investigation Unit established within the Bureau of Criminal Apprehension, money bail use limited, reports required, and money appropriated.

Representative Noor moved that HF 77 be recommended to be re-referred to the Ways & Means committee.

Representative Mariani presented HF 77 to the committee.

Testifier:
Representative Mohamud Noor

Representative Noor renewed his motion that HF 77 be recommended to be re-referred to the Ways & Means committee. A roll call vote was taken, and the results were as follows:

Ayes:
LESCH, John
MOLLER, Kelly
CANTRELL, Hunter
CARLSON, Andrew
CONSIDINE, Jack
HASSAN, Hodan
HER, Kaohly
LIEBLING, Tina
MARIANI, Carlos
NOOR, Mohamud
XIONG, Jay

Nays:
SCOTT, Peggy
ALBRIGHT, Tony
BAHR, Cal
JOHNSON, Brian
LUCERO, Eric
O’NEILL, Marion
ROBBINS, Kristin

There being 11 ayes and 7 nays, THE MOTION PREVAILED.

HF 78 (Mariani): The re-imagining Public Safety package

Representative Noor moved that HF 78 be recommended to be re-referred to the Ways & Means committee.

Representative Moller moved to adopt the A1 amendment. THE AMENDMENT WAS ADOPTED.

Representative Mariani presented HF 78 to the committee.

Representative Noor moved to adopt the A2 amendment. THE AMENDMENT WAS ADOPTED.

Representative Noor moved that HF 78, as amended, be recommended to be re-referred to the Ways & Means committee. A roll call vote was taken, and the results were as follows:

Ayes:
LESCH, John
MOLLER, Kelly
CANTRELL, Hunter
CARLSON, Andrew
CONSIDINE, Jack
HASSAN, Hodan
HER, Kaohly
LIEBLING, Tina
MARIANI, Carlos
NOOR, Mohamud
XIONG, Jay

Nays:
SCOTT, Peggy
ALBRIGHT, Tony
BAHR, Cal
JOHNSON, Brian
LUCERO, Eric
O’NEILL, Marion
ROBBINS, Kristin

There being 11 ayes and 7 nays, THE MOTION PREVAILED.

The meeting adjourned at 11:56 AM.

Representative John Lesch, Chair

Jenna Maus, Committee Legislative Assistant

More Info On This Meeting..

Bills Added:

HF76 (Mariani) - Public safety; various provisions modified relating to Board of Peace Officer Standards and Training membership, Police-Community Relations Council, civil statute of limitations, prohibition of warrior-style training, restraints, use of force policies, duty to intercede, duty to report excessive force incidents, Minneapolis and St. Paul residency requirements for peace officers, citizen oversight, law enforcement policies, and arbitrator selection; rulemaking authorized; and money appropriated.
HF77 (Mariani) - Peace officer authority to use deadly force modified, prosecutorial authority for peace-officer-involved deaths assigned to the attorney general, independent Use of Force Investigation Unit established within the Bureau of Criminal Apprehension, money bail use limited, reports required, and money appropriated.
HF78 (Mariani) - Public safety; officer-involved death review board provided, law enforcement use of force reported, Office of Community-Led Public Safety Coordination established, grants established to promote co-responder teams, grants established to promote community healing, standards established for crisis intervention and mental illness crisis training for peace officers, autism training for peace officers developed and implemented, reports required, and money appropriated.

Documents:

1SS-H0076A1 author amendment mariani.pdf - 6/13/2020
1SS-H0076A2 [Her amendment to remove data modification for peace officer provision].pdf - 6/14/2020
1SS-H0078A1 [MKP critical incidient review board amendment].pdf - 6/14/2020
1SS-H0078A2 [noor amendment remove CISM].pdf - 6/14/2020
1SS-H0076A6 Mariani HF 76A6 amendment to HF 76A1 [data].pdf - 6/14/2020
06.14.2020 ACLU-MN Written Testimony for Judiciary.pdf - 6/14/2020
MNCOGI comments on HF 76 - Mariani A1 and A3 amendments to data collection.pdf - 6/14/2020
MNCOGI comments on status of complaint data.pdf - 6/14/2020
Ltr to Judiciary-Civ Law Committee - June 15 hearing.pdf - 6/14/2020
Ltr from 70+ Orgs Supporting POCI police bills_.pdf - 6/14/2020
MCPA Statement - June 2020.pdf - 6/15/2020

Audio:
Listen Now

House TV Video:
View Archive

• This meeting held in accordance with House Rule 10.01 •.
07:16 - HF76 (Mariani) The Reclaiming Community package [We will be reviewing only provisions within the Judiciary/Civil Law committee jurisdiction; relevant provisions: Article II, sections 1-4; please also see attachment HF76 A1, which will be added as an Author's amendment and is the Data Collection and regulatory reform provision; and HF76 -A2 which removes data modification for Peace Officer language].
1:30:28 - HF77 (Mariani) Reforming Accountability package [We will be reviewing only provisions within the Judiciary/Civil Law committee jurisdiction; relevant provision: Section 8, lines 5.29-7.16].
1:47:43 - HF78 (Mariani) The Reimagining Public Safety package [We will be reviewing only provisions within the Judiciary/Civil Law committee jurisdiction; relevant provisions: Section 1 & 6, lines 1.14-2.21 & 5.1-5.15; Please also see attachment HF78 -A1, brings the critical incident review board into Civil law jurisdiction and HF78 -A2, which removes CISM language].
Runs 2 hours, 8 minutes.

Show Full Schedule Agenda:

This Remote Hearing is taking place pursuant to Rule 10.01, which you may view here: https://www.house.leg.state.mn.us/cco/rules/permrule/1001.htm

a). HF 76 (Mariani): The Reclaiming Community package [We will be reviewing only provisions within the Judiciary/Civil Law committee jurisdiction; relevant provisions: Article II, sections 1-4; please also see attachment HF 76 A1, which will be added as an Author's amendment and is the Data Collection and regulatory reform provision; and HF 76-A2 which removes data modification for Peace Officer language]
b) HF 77 (Mariani): Reforming Accountability package [We will be reviewing only provisions within the Judiciary/Civil Law committee jurisdiction; relevant provision: Section 8, lines 5.29-7.16]
c) HF 78 (Mariani): The re-imagining Public Safety package [We will be reviewing only provisions within the Judiciary/Civil Law committee jurisdiction; relevant provisions: Section 1 & 6, lines 1.14-2.21 & 5.1-5.15; Please also see attachment HF 78-A1, brings the critical incident review board into Civil law jurisdiction and HF 78-A2, which removes CISM language]

*Bills may be added and taken in any order*
*Amendments are due by 10 am, Sunday, June 14th.
*Amendments to amendments will be due by 5 pm, June 14th.

*Documents associated with this Remote Hearing will be posted to the committee page. The public will receive notice of additions and updates to the agenda.*

*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 (6/14/20) to get instructions:

CA: Rachel.Ganani@house.mn
CLA: Jenna.Maus@house.mn

This remote hearing may be viewed live via the following method:
Live stream via House website: https://www.house.leg.state.mn.us/live/2

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The MN House of Representatives is currently working on establishing the processes and technology that allow remote hearings to be held that are accessible to the public. We expect many refinements to come over the coming weeks. Thank you for your patience as we adapt.