Judiciary Finance and Civil Law

TWENTY-NINTH MEETING

2021-2022 Regular Session - Wednesday, April 14, 2021

STATE OF MINNESOTA TWENTY-NINTH MEETING
HOUSE OF REPRESENTATIVES NINETY-SECOND SESSION

JUDICIARY FINANCE AND CIVIL LAW MINUTES

Representative Jamie Becker-Finn, Chair of the Committee on Judiciary Finance and Civil Law, called the virtual meeting to order at 1:00 PM on April 14, 2021 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:
Becker-Finn, Jamie, Chair
Moller, Kelly, Vice Chair
Scott, Peggy, Republican Lead
Feist, Sandra
Frazier, Cedrick
Grossell, Matt
Her, Kaohly
Hollins, Athena
Johnson, Brian
Liebling, Tina
Long, Jamie
Mortensen, Erik
Novotny, Paul
Pfarr, Brian
Robbins, Kristin
Vang, Samantha
Xiong, Tou

A quorum was present.

Representative Feist moved that the minutes of April 7, 2021 be adopted. THE MOTION PREVAILED.

Vice Chair Moller moved that HF 600 be recommended to be re-referred to the State Government Finance and Elections Committee.

Representative Winkler presented HF 600, a bill for an act relating to cannabis; establishing the Cannabis Management Board; establishing advisory councils; requiring reports relating to cannabis use and sales; legalizing and limiting the possession and use of cannabis by adults; providing for the licensing, inspection, and regulation of cannabis businesses; requiring testing of
cannabis and cannabis products; requiring labeling of cannabis and cannabis products; limiting the advertisement of cannabis, cannabis products, and cannabis businesses; providing for the cultivation of cannabis in private residences; transferring regulatory authority for the medical cannabis program; taxing the sale of adult-use cannabis; establishing grant and loan programs; amending criminal penalties; establishing expungement procedures for certain individuals; establishing labor standards for the use of cannabis by employees and testing of employees;
creating a civil cause of action for certain nuisances; amending the scheduling of marijuana and tetrahydrocannabinols; classifying data; appropriating money; amending Minnesota Statutes 2020, sections 13.411, by adding a subdivision; 13.871, by adding a subdivision; 152.02, subdivisions 2, 4; 152.022, subdivisions 1, 2; 152.023, subdivisions 1, 2; 152.024, subdivision 1; 152.025, subdivisions 1, 2; 181.938, subdivision 2; 181.950, subdivisions 2, 4, 5, 8, 13, by adding a subdivision; 181.951, by adding subdivisions; 181.952, by adding a subdivision;
181.953; 181.954; 181.955; 181.957, subdivision 1; 244.05, subdivision 2; 256.01, subdivision 18c; 256D.024, subdivision 1; 256J.26, subdivision 1; 290.0132, subdivision 29; 290.0134, subdivision 19; 297A.61, subdivision 12; 609.135, subdivision 1; 609.531, subdivision 1; 609.5311, subdivision 1; 609.5314, subdivision 1; 609.5316, subdivision 2; 609.5317, subdivision 1; 609A.01; 609A.03, subdivisions 5, 9; proposing coding for new law in Minnesota Statutes, chapters 17; 28A; 34A; 116J; 116L; 120B; 144; 152; 295; 604; 609A; proposing coding
for new law as Minnesota Statutes, chapter 342; repealing Minnesota Statutes 2020, sections 152.027, subdivisions 3, 4; 152.22, subdivisions 1, 2, 3, 4, 5, 5a, 5b, 6, 7, 8, 9, 10, 11, 12, 13, 14; 152.23; 152.24; 152.25, subdivisions 1, 1a, 1b, 1c, 2, 3, 4; 152.26; 152.261; 152.27, subdivisions 1, 2, 3, 4, 5, 6, 7; 152.28, subdivisions 1, 2, 3; 152.29, subdivisions 1, 2, 3, 3a, 4; 152.30; 152.31; 152.32, subdivisions 1, 2, 3; 152.33, subdivisions 1, 1a, 2, 3, 4, 5, 6; 152.34; 152.35; 152.36,
subdivisions 1, 1a, 2, 3, 4, 5; 152.37; Minnesota Rules, parts 4770.0100; 4770.0200; 4770.0300; 4770.0400; 4770.0500; 4770.0600; 4770.0800; 4770.0900; 4770.1000; 4770.1100; 4770.1200; 4770.1300; 4770.1400; 4770.1460; 4770.1500; 4770.1600; 4770.1700; 4770.1800; 4770.1900; 4770.2000; 4770.2100; 4770.2200; 4770.2300; 4770.2400; 4770.2700; 4770.2800; 4770.4000; 4770.4002; 4770.4003; 4770.4004; 4770.4005; 4770.4007; 4770.4008; 4770.4009; 4770.4010; 4770.4012; 4770.4013; 4770.4014; 4770.4015; 4770.4016; 4770.4017; 4770.4018; 4770.4030.

Testifying on HF 600:
• Munira Mohamed, Policy Associate, ACLU of Minnesota
• Larry McDonough, Senior Minnesota Council, Lawyers’ Committee for Civil Rights Under Law
• Marcus Harcus, Campaign for Full Legalization
• Chris Wright, candidate, Grassroots-Legalize Cannabis Party
• Michal Daub, Drug and Substance Use Disorder Policy Advocate
• Sheriff Kevin Togerson on behalf of the Minnesota Sheriffs’ Association

Vice Chair Moller renewed the motion that HF 600 be recommended to be re-referred to the State Government Finance and Elections Committee.

Chair Becker-Finn requested a roll call on HF 600.

AYES
Becker-Finn
Moller
Feist
Frazier
Her
Hollins
Liebling
Long
Xiong

NAYS
Scott
Grossell
Johnson
Mortensen
Novotny
Pfarr
Robbins

EXCUSALS
Vang

There being 9 ayes, 7 nays and 1 excusal, THE MOTION PREVAILED.

Chair Becker-Finn moved that HF 640 be recommended to be placed on the General Register.

Chair Becker-Finn moved that the H0640DE1 be adopted. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Representative Gomez presented HF 640 as amended, a bill for an act relating to public safety; requiring local units of government to establish law enforcement citizen oversight councils; specifying powers and duties of the councils and the responsibilities of local authorities toward them; appropriating money; amending Minnesota Statutes 2020, section 626.89, subdivisions 2, 17; proposing coding for new law in Minnesota Statutes, chapter 626.

Testifying on HF 640:
• Michelle Gross, President, Communities United Against Police Brutality
• Glenn Brown, Member, Barbershops & Black Congregations Cooperative
• Samiat Ajibola, Student Body Vice President-Elect, University of Minnesota
• Linden Gawboy, Member, Twin Cities Coalition 4 Justice for Jamar
• Theodore Rose, Legislative and Policy Director, Council for Minnesotans of Africa Heritage
• Jess Sundin, Member, Twin Cities Coalition for Justice 4 Jamar

Chair Becker-Finn renewed the motion that HF 640, as amended, be recommended to be placed on the General Register.

Chair Becker-Finn requested a roll call on HF 640 as amended.

AYES
Becker-Finn
Moller
Feist
Frazier
Her
Hollins
Liebling
Long
Mortensen
Vang
Xiong

NAYS
Scott
Grossell
Johnson
Novotny
Pfarr
Robbins

There being 11 ayes and 6 nays, THE MOTION PREVAILED.

Chair Becker-Finn moved that HF 1104 be recommended to be placed on the General Register.

Representative Thompson presented HF 1104, a bill for an act relating to public safety; prohibiting immunity for peace officers; proposing coding for new law in Minnesota Statutes, chapter 626.

Testifying on HF 1104:
• Gregory Sisk, Pio Cardinal Laghi Distinguished Chair in Law, and Professor, University of St. Thomas School of Law
• Johnathon McClellan, President, Minnesota Justice Coalition
• Angela Myers, President, Minneapolis NAACP
• Rev. Dr. Ronald Bell II, Senior Pastor, Camphor Memorial United Methodist Church
• Theodore Rose, Legislative and Policy Director, Council for Minnesotans of Africa Heritage

Chair Becker-Finn renewed the motion that HF 1104 be recommended to be placed on the General Register.

Chair Becker-Finn requested a roll call on HF 1104.

AYES
Becker-Finn
Feist
Frazier
Her
Hollins
Liebling
Long
Vang
Xiong

NAYS
Scott
Grossell
Johnson
Mortensen
Novotny
Pfarr
Robbins

EXCUSALS
Moller

There being 9 ayes, 7 nays and 1 excusal, THE MOTION PREVAILED.

Chair Becker-Finn moved that HF 1103 be recommended to be placed on the General Register.

Chair Becker-Finn moved that the H1103A2 be adopted. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Representative Thompson presented HF 1103 as amended, a bill for an act relating to public safety; imposing duties on peace officers and law enforcement agencies regarding video and audio recordings of use of deadly force; providing for a civil remedy; proposing coding for new law in Minnesota Statutes, chapter 13.

Testifying on HF 1103:
• Johnathon McClellan, President, Minnesota Justice Coalition
• Michelle Gross, President, Communities United Against Police Brutality
• Theodore Rose, Legislative and Policy Director, Council for Minnesotans of Africa Heritage

Chair Becker-Finn renewed the motion that HF 1103, as amended, be recommended to be placed on the General Register.

Chair Becker-Finn requested a roll call on HF 1103 as amended.

AYES
Becker-Finn
Moller
Feist
Frazier
Her
Hollins
Liebling
Mortensen
Vang
Xiong

NAYS
Scott
Grossell
Johnson
Novotny
Pfarr
Robbins

EXCUSALS
Long

There being 10 ayes, 6 nays and 1 excusal, THE MOTION PREVAILED.

Bills not introduced at the time of the meeting are indicated by the House Research or Revisor code.

Representatives Frazier and Moller presented JD058, a bill for an act relating to public safety; limiting the authority for peace officers to stop or detain drivers for certain motor vehicle equipment violations; proposing coding for new law in Minnesota Statutes, chapter 169.

The meeting was adjourned at 3:58 PM.

__________________________________________
Representative Jamie Becker-Finn, Chair

__________________________________________
Anna Borgerding, Committee Legislative Assistant

More Info On This Meeting..

Bills Added:

HF600 (Winkler) - Omnibus cannabis bill.
HF640 (Gomez) - Local unit of government permitted to establish civilian oversight council for oversight of law enforcement.
HF1103 (Thompson) - Duties imposed on peace officers and law enforcement agencies regarding video and audio recordings of deadly use of force, and civil remedy provided.
HF1104 (Thompson) - Peace officer civil and criminal liability immunity prohibited.

Documents:

MPS 2020 Position Statement - Marijuana (2-14-2020) (1).pdf - 4/12/2021
MNChamber_HouseJudiciary_HF600RecreationalMarijuana_4.14.21.pdf - 4/12/2021
H0640DE1-author amendment.pdf - 4/13/2021
H1103A2-16525731782447134888.pdf - 4/13/2021
letter in support of hf 1103 Fischer.pdf - 4/13/2021
SAM Judiciary Committee Testimony.pdf - 4/13/2021
AMERICAN MEDICAL ASSOCIATION POLICY STATEMENT ON CANNABIS.pdf - 4/13/2021
JD058-15021561213535945150.pdf - 4/13/2021
Judiciary Committee George Realmuto.pdf - 4/13/2021
April 13 Civil Law Letter MCPA MSA opp to 600 640 1103 and 1104.pdf - 4/13/2021
2021-04-14 HF600 Judiciary and Civil Law - Sensible Change Minnesota.pdf - 4/13/2021
HF 1103 - League of Minnesota Cities - House Judiciary.pdf - 4/13/2021
LMC Letter on HF 1104--Peace officer civil liability immunity prohibited.pdf - 4/13/2021
CMAH - Letter for Police Accountability Bills at House Judiciary Committee April 13 2021.pdf - 4/13/2021
HF 600 Marijuana House Testimony (1).pdf - 4/13/2021
21.0413 MCC Letter to Judiciary Committee re HF600 and marijuana decrim_.pdf - 4/13/2021
Winters_Judiciary Committee Testimony.pdf - 4/13/2021
HF0600 HRD.pdf - 4/13/2021
HF0640 hrd.pdf - 4/13/2021
HF1103 hrd summary.pdf - 4/13/2021
HF1104 hrd summary.pdf - 4/13/2021
Written Testimony_HF1104_HF640_HF1103.pdf - 4/14/2021
2021_03_14 HF 600 amendments offered Chris Wright -Adult Use Cannabis 3.pdf - 4/14/2021
2021_04_14 Judiciary Finance Civil Law Committee -Testimony of Chris Wright.pdf - 4/14/2021
In support of police reform bills Plymouth residents (002).pdf - 4/14/2021
Muellner Bills HF 1104 HF 660 HF 1103.pdf - 4/14/2021
Cahill written submission in support.pdf - 4/14/2021
HF 1103 written support nicole blume.pdf - 4/14/2021
HF640 written support Nicole Blume.pdf - 4/14/2021
Police testimony Ginny DeLuca 1103.pdf - 4/14/2021
alison moore written submission on police reforms.pdf - 4/14/2021
HF1104 Nicole Blume written submission.pdf - 4/14/2021
Hannah Merrill 2021.4.13_judiciary_committee_hearing_statement.pdf - 4/14/2021
Rev Mary Koon PoliceBills.pdf - 4/14/2021
MN Coalition Letter to Judiciary Finance and Civil Law Committee 20210413.pdf - 4/14/2021
Jen Antila House Cmte letter 4 14 2021.pdf - 4/14/2021
Chelsea Ritland Judiciary Committee HF 1104_HF 1103.pdf - 4/14/2021
Catherine Justice testimony public safety bills.pdf - 4/14/2021
written submission Elianna Lippold Johnson reform bills.pdf - 4/14/2021
MPPOA letter in opposition to Thompson bills 4.13.21.pdf - 4/14/2021
Landlord and Tenant Issues in House F. No. 600.pdf - 4/14/2021

Audio:
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House TV Video:
View Archive

02:00 - HF600 (Winkler) Cannabis; various provisions modified relating to Cannabis Management Board; advisory councils; use and sales reports; legalization and limitation of adult possession and use; licensing, inspection, and regulation of cannabis businesses; testing; labeling; advertising; private residence cultivation; medical program regulatory authority; taxation; grant and loan programs; criminal penalties; expungement procedures; labor standards; nuisance cause of action; scheduling; data; and money appropriated.
53:40 - HF640 (Gomez) Local units of government required to establish law enforcement citizen oversight councils; powers and duties of the councils and the responsibilities of local authorities specified toward them; and money appropriated.
1:40:58 - HF1104 (Thompson) Peace officer civil and criminal liability immunity prohibited.
2:20:42 - HF1103 (Thompson) Duties imposed on peace officers and law enforcement agencies regarding video and audio recordings of deadly use of force, and civil remedy provided.
2:44:48 - HFXXXX (Frazier/Moller) Limiting the authority for peace officers to stop or detain drivers for certain motor vehicle equipment violations.
- This Revisor bill draft is being noticed for discussion and informational purposes only; no formal committee action will be taken.
Runs 2 hours, 57 minutes.

Show Full Schedule Agenda:

This meeting is held in accordance to House Rule 10.01
https://www.house.leg.state.mn.us/cco/rules/permrule/permrule.asp

**This meeting is scheduled to run from 1 pm - 3 pm, but may run longer**

1). HF 1103 (Thompson): Duties imposed on peace officers and law enforcement agencies regarding video and audio recordings of deadly use of force and civil remedy provided.

2). HF 1104 (Thompson): Peace officer civil and criminal liability immunity prohibited

3). HF 640 (Gomez): citizen oversight councils established.

4). HF XXXX (Frazier/Moller): limiting the authority for peace officers to stop or detain drivers for certain motor vehicle equipment violations* PLEASE NOTE: this Revisor bill draft is being noticed for discussion and informational purposes only; no formal committee action will be taken

5). HF 600 (Winkler): Legalization of Adult-Use Cannabis*
*PLEASE NOTE: Testimony, amendments and discussion will be limited to the provisions of HF 600 within the jurisdiction of the Judiciary Finance & Civil Law Committee.
The relevant provisions are as follows:
Article 1
• Sec. 2 – establishing the Board (particularly subdivision 7)
• Sec. 5 – statewide monitoring system (particularly subdivision 2)
• Sec. 8 – personal adult use (particularly subdivision 5)
• Sec. 15 – inspection and penalties (particularly subdivision 7)
• Sec. 47 – protections for registry program participants (particularly subdivision 2)
• Sec. 58 – lawful activities
• Sec. 59 – civil actions

Article 5
• Sec. 14 – controlled substances forfeiture
• Sec. 15 – controlled substances forfeiture
• Sec. 16 – controlled substances forfeiture
• Sec. 17 – controlled substances forfeiture

Article 6
• Sec. 5 – expungement and resentencing (particularly subdivisions 5, 7. 8, and 10)

Article 7
• Sec. 1 – cannabis business data
• Sec. 2 – Cannabis Expungement Board data
• Sec. 23 – civil liability for cannabis nuisance

**Agenda items may be added, deleted and/or taken in any order.

**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 to get instructions.

CA: Rachel.Ganani@house.mn
CLA: Anna.Borgerding@house.mn

This remote hearing may be viewed via the House webcast schedule page: https://www.house.leg.state.mn.us/htv/schedule.asp

NOTE: HTV 1 and HTV 2 will provide live closed captioning. Video archives of meetings streamed on HTV 3, 4, and 5 will have closed captions added. Other reasonable accessibility accommodations may be made with advance notice.

If you have questions about the accessibility of remote hearings or require an accommodation, please contact Jenny Nash at: jenny.nash@house.mn or by leaving a message at 651-296-4122. Please do not contact Jenny with questions about the substance of the meeting agenda. If you have questions regarding the substance of the agenda, please contact the Committee Administrator, Rachel Ganani.