Journal of the House - 3rd Day - Tuesday, June 16, 2020 - Top of Page 51

STATE OF MINNESOTA

 

Journal of the House

 

SPECIAL SESSION - 2020

 

_____________________

 

THIRD DAY

 

Saint Paul, Minnesota, Tuesday, June 16, 2020

 

 

      The House of Representatives convened at 12:00 noon and was called to order by Melissa Hortman, Speaker of the House.

 

      Prayer was offered by Representative Rena Moran, District 65A, St. Paul, Minnesota.

 

      The members of the House gave the pledge of allegiance to the flag of the United States of America.

 

      The roll was called and the following members were present:

 


Acomb

Albright

Anderson

Backer

Bahner

Bahr

Baker

Becker-Finn

Bennett

Bernardy

Bierman

Boe

Brand

Cantrell

Carlson, A.

Carlson, L.

Christensen

Claflin

Considine

Daniels

Daudt

Davids

Davnie

Dehn

Demuth

Dettmer

Drazkowski

Ecklund

Edelson

Elkins

Erickson

Fabian

Fischer

Franson

Freiberg

Garofalo

Gomez

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hassan

Hausman

Heinrich

Heintzeman

Her

Hertaus

Hornstein

Howard

Huot

Johnson

Jordan

Jurgens

Klevorn

Koegel

Kotyza-Witthuhn

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Lippert

Lislegard

Long

Lucero

Lueck

Mahoney

Mann

Marquart

Masin

Mekeland

Miller

Moller

Moran

Morrison

Munson

Murphy

Nash

Nelson, M.

Nelson, N.

Neu

Noor

Nornes

Novotny

O'Driscoll

Olson

O'Neill

Pelowski

Petersburg

Pierson

Pinto

Poppe

Poston

Pryor

Quam

Richardson

Robbins

Runbeck

Sandell

Sandstede

Sauke

Schomacker

Schultz

Scott

Stephenson

Sundin

Swedzinski

Tabke

Theis

Torkelson

Urdahl

Vang

Vogel

Wagenius

Wazlawik

West

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

      A quorum was present.

 

      Kiel, Mariani, McDonald and Persell were excused.

 

      The Chief Clerk proceeded to read the Journal of the preceding day.  There being no objection, further reading of the Journal was dispensed with and the Journal was approved as corrected by the Chief Clerk.


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REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Mariani from the Public Safety and Criminal Justice Reform Finance and Policy Division to which was referred:

 

H. F. No. 1, A bill for an act relating to public safety; modifying a peace officer's authority to use deadly force; assigning prosecutorial authority for peace-officer-involved deaths to the attorney general; establishing an independent Use of Force Investigations Unit within the Bureau of Criminal Apprehension; limiting the use of money bail for certain offenses; requiring reports; appropriating money; amending Minnesota Statutes 2018, sections 8.01; 388.051, subdivision 1; 609.066, subdivision 2, by adding a subdivision; 626.8452, subdivision 1; 629.53; proposing coding for new law in Minnesota Statutes, chapters 8; 299C.

 

Reported the same back with the following amendments:

 

Page 2, after line 17, insert:

 

"Sec. 3.  Minnesota Statutes 2018, section 260B.176, is amended by adding a subdivision to read:

 

Subd. 1a.  Risk assessment instrument.  If a peace officer or probation or parole officer who took a child into custody does not release the child as provided in subdivision 1, the peace officer or probation or parole officer shall communicate with or deliver the child to a juvenile secure detention facility to determine whether the child should be released or detained.  Before detaining a child, the supervisor of the facility shall use an objective and racially, ethnically, and gender-responsive juvenile detention risk assessment instrument developed by the commissioner of corrections, county, group of counties, or judicial district, in consultation with the state coordinator or coordinators of the Minnesota Juvenile Detention Alternative Initiative.  The risk assessment instrument must assess the likelihood that a child released from preadjudication detention under this section or section 260B.178 would endanger others or not return for a court hearing.  The instrument must identify the appropriate setting for a child who might endanger others or not return for a court hearing pending adjudication, with either continued detention or placement in a noncustodial community-based supervision setting.  The instrument must also identify the type of noncustodial community-based supervision setting necessary to minimize the risk that a child who is released from custody will endanger others or not return for a court hearing.  If, after using the instrument, a determination is made that the child should be released, the person taking the child into custody or the supervisor of the facility shall release the child as provided in subdivision 1.

 

EFFECTIVE DATE.  This section is effective August 15, 2021."

 

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 4, after the semicolon, insert "providing for juvenile risk assessments;"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.


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Pinto from the Early Childhood Finance and Policy Division to which was referred:

 

H. F. No. 41, A bill for an act relating to human services; modifying the child care assistance provider reimbursement rates; amending Minnesota Statutes 2018, section 119B.13, subdivision 1.

 

Reported the same back with the following amendments:

 

Page 1, line 12, delete "take effect" and insert "must be implemented on"

 

Page 2, line 19, after "(h)" insert "Unless otherwise specified in this subdivision,"

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Mariani from the Public Safety and Criminal Justice Reform Finance and Policy Division to which was referred:

 

H. F. No. 54, A bill for an act relating to public safety; assigning prosecutorial authority for peace‑officer‑involved deaths to the attorney general; appropriating money; amending Minnesota Statutes 2018, sections 8.01; 388.051, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 8.

 

Reported the same back with the recommendation that the bill be re-referred to the State Government Finance Division.

 

      The report was adopted.

 

 

Freiberg from the Committee on Government Operations to which was referred:

 

H. F. No. 73, A bill for an act relating to public safety; clarifying the type of data included in the status of a complaint or charge against a peace officer; extending the civil statute of limitations for certain actions by peace officers; tolling the civil statute of limitations during investigations of peace officers; prohibiting warrior-style training for peace officers; prohibiting the use of certain restraints; requiring law enforcement agencies to update policies regarding the use of force; establishing a duty for peace officers to intercede when another peace officer is using unreasonable force; establishing a duty for peace officers to report excessive force incidents; requiring law enforcement agencies to adopt policies that require peace officers to intercede when another officer is using unreasonable force; authorizing the cities of Minneapolis and St. Paul to impose residency requirements for peace officers; 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; requiring law enforcement policies, guidelines, training, and reporting on matters relating to procedural justice and community interactions; amending arbitrator selection for peace officer grievance arbitrations; authorizing rulemaking; appropriating money; amending Minnesota Statutes 2018, sections 13.43, subdivision 2; 541.073, subdivision 2; 573.02, subdivision 1; 609.06, subdivision 1, by adding a subdivision; 626.8452, by adding a subdivision; 626.89, subdivisions 2, 17; proposing coding for new law in Minnesota Statutes, chapters 541; 626.

 

Reported the same back with the following amendments:

 

Page 1, after line 25, insert:

 

"Section 1.  Minnesota Statutes 2018, section 626.841, is amended to read:

 

626.841 BOARD; MEMBERS.


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The Board of Peace Officer Standards and Training shall be composed of the following 15 19 members:

 

(1) two members to be appointed by the governor from among the county sheriffs in Minnesota;

 

(2) four members to be appointed by the governor from among peace officers in Minnesota municipalities, at least two of whom shall be chiefs of police;

 

(3) two members to be appointed by the governor from among peace officers, at least one of whom shall be a member of the Minnesota State Patrol Association;

 

(4) the superintendent of the Minnesota Bureau of Criminal Apprehension or a designee;

 

(5) two members appointed by the governor from among peace officers, or former peace officers, who are currently employed on a full-time basis in a professional peace officer education program;

 

(6) two members to be appointed by the governor, one member to be appointed from among administrators of Minnesota colleges or universities that offer professional peace officer education, and one member to be appointed from among the elected city officials in statutory or home rule charter cities of under 5,000 population outside the metropolitan area, as defined in section 473.121, subdivision 2; and

 

(7) two four members appointed by the governor from among the general public, of which at least one member must be a representative of a statewide crime victim coalition, at least one member must be a person of color, and at least one member must be a resident of a county other than a metropolitan county as defined in section 473.121, subdivision 4; and

 

(8) two members appointed by the commissioner of human rights from the general public, of which one member must be a community organizer nominated by an organization that organizes direct action campaigns and one member must have experience serving on a law enforcement agency's civilian review board.

 

A chair shall be appointed by the governor from among the members.  In making appointments the governor shall strive to achieve representation from among the geographic areas of the state.

 

Sec. 2.  [626.8434] POLICE-COMMUNITY RELATIONS COUNCIL.

 

Subdivision 1.  Establishment and membership.  The Police-Community Relations Council is established under the Peace Officer Standards and Training Board.  The council consists of the following 15 members:

 

(1) the superintendent of the Bureau of Criminal Apprehension, or a designee;

 

(2) the executive director of the Peace Officer Standards and Training Board, or a designee;

 

(3) the executive director of the Minnesota Police and Peace Officers Association, or a designee;

 

(4) the executive director of the Minnesota Sheriff's Association, or a designee;

 

(5) the executive director of the Minnesota Chiefs of Police Association, or a designee; and

 

(6) ten community members, of which:

 

(i) four members shall represent the community-specific boards established under section 257.0768, reflecting one appointment made by each board;


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(ii) two members shall be mental health advocates, of which one member shall be appointed by the Minnesota chapter of the National Alliance on Mental Illness and the other appointed by the governor's Council on Mental Health;

 

(iii) two members shall be advocates for victims, of which one member shall be appointed by Violence Free Minnesota and the other appointed by the Minnesota Coalition Against Sexual Assault;

 

(iv) one member shall represent a community organization that organizes direct action campaigns and shall be appointed by the commissioner of human rights; and

 

(v) one member shall have experience serving on a law enforcement agency's civilian review board and shall be appointed by the commissioner of human rights.

 

Subd. 2.  Duties.  (a) The council shall:

 

(1) make recommendations on police-community relations to the board;

 

(2) review and make disciplinary and policy recommendations to the board on civilian initiated police misconduct complaints filed with the board; and

 

(3) monitor and make recommendations on peace officer community policing excellence data collected under section 626.8435.

 

(b) The council's recommendations to the board under paragraph (a), clause (2), must be implemented by the board unless two-thirds of the members vote to reject a recommendation within three months of receiving the recommendation from the council.

 

Subd. 3.  Organization.  The council shall be organized and administered under section 15.059, except that subdivision 2 shall not apply.  Council members serve at the pleasure of the appointing authority.  The council shall select a chairperson from among the members by majority vote at its first meeting.  The chair may serve in that role for a period of two years.  The executive director of the board shall serve as the council's executive secretary and is an ex officio, nonvoting member.  The council does not expire.

 

Subd. 4.  Meetings.  The council must meet at least quarterly.  Meetings of the council are governed by chapter 13D.

 

Subd. 5.  Office support.  The executive director of the board shall provide the council with the necessary office space, supplies, equipment, and clerical support to effectively perform the duties imposed.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 3.  [626.8435] PEACE OFFICER COMMUNITY POLICING EXCELLENCE DATA.

 

Subdivision 1.  Purpose.  The purpose of this section is:

 

(1) to create data profiles for stakeholders to conduct needs assessments and make appropriate recommendations to drive improvements in police effectiveness, efficiency, training, supervision, procedural justice, accountability, and community relations;

 

(2) for police departments to more effectively manage their risks and improve transparency; and

 

(3) for community members and advocates, as well as policy makers, decision makers, and funders to have access to accurate relevant information to help improve policing practices in Minnesota.


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Subd. 2.  Data submission.  (a) Beginning January 15, 2021, a chief law enforcement officer of a law enforcement agency shall submit the following data regarding peace officers employed by the law enforcement agency to a designated community-based research organization:

 

(1) the existence and status of a complaint made against an employed peace officer including:

 

(i) the peace officer's unique identifier;

 

(ii) the nature of the complaint;

 

(iii) whether the complaint was filed by a member of the public, a law enforcement agency, or another source;

 

(iv) whether the complaint resulted in disciplinary action;

 

(v) the final disposition of a complaint when disciplinary action was taken including:

 

(A) the specific reason for the action taken; and

 

(B) data documenting the basis of the action taken, except that data that would identify confidential sources who are employees of the public body shall not be disclosed; and

 

(vi) the final disposition of any complaint:

 

(A) determined to be unfounded or otherwise not sustained;

 

(B) for which a peace officer was later exonerated; or

 

(C) which resulted in a nondisciplinary resolution including but not limited to employee counseling;

 

(2) the unique identifier of any peace officer pending criminal prosecution, excluding traffic violations;

 

(3) the unique identifier of any peace officer who was terminated due to substantiated findings of officer misconduct and a summary of the basis for that termination;

 

(4) the unique identifier of any peace officer whose employment was terminated by resignation in lieu of termination as a result of officer misconduct and a summary of the basis for the action; and

 

(5) the unique identifier of any peace officer involved in a use of force incident.

 

(b) For purposes of this section "complaint" means all formally filed allegations involving:

 

(1) public reported misconduct;

 

(2) excessive force;

 

(3) the integrity or truthfulness of an officer;

 

(4) violations of the law; or

 

(5) sexual misconduct or harassment.


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(c) The board shall establish and publish guidelines, in consultation with the designated community-based research organization, that are consistent with paragraph (b) on what constitutes a valid complaint that must be reported under this section.

 

(d) The reporting requirements in paragraph (a) are in addition to any other officer discipline reporting requirements established in law.  Failure of a chief law enforcement officer to comply with the reporting requirements established under this section is a violation of the peace officer professional code of conduct established pursuant to section 626.8457.

 

Subd. 3.  Data storage and access.  (a) The designated community-based research organization shall store the data collected under this section on a secure server.

 

(b) The Peace Officer Standards and Training Board and the Police-Community Relations Council must have direct access to both summary and individual data collected under this section.

 

Subd. 4.  Updated data.  Within 30 days of final disposition of a complaint, as defined in section 13.43, subdivision 2, paragraph (b), the chief law enforcement officer of the law enforcement agency that employs the officer shall submit a supplemental report containing the information identified in subdivision 2, paragraph (a), clauses (1) to (5).

 

Subd. 5.  Monitoring data; pattern of misconduct.  The designated community-based research organization must monitor the data on an ongoing basis to collect data on officers subject to multiple complaints and excessive use of force incidents and, in consultation with the Police-Community Relations Council, establish criteria for notifying an officer's employer when the officer has been determined to have an excessive number of complaints.  If the criteria for notifying an officer's employer are met, the designated community-based research organization, after consulting with the Police-Community Relations Council, shall notify the officer's employer and suggest the need for an intervention.  A notice sent under this subdivision is not available to the public.

 

Subd. 6.  Confidentiality agreement prohibited.  Law enforcement agencies and political subdivisions are prohibited from entering into a confidentiality agreement that would prevent disclosure of the data identified in subdivision 2 to the board.  Any such confidentiality agreement is void as to the requirements of this section.

 

Subd. 7.  Data classification.  Data received by the designated community-based research organization pursuant to subdivisions 2 and 3 is private data on individuals as defined in section 13.02, subdivision 12, and the data must be maintained according to the statutory provisions applicable to the data.  This classification does not restrict the organization's authority to publish summary data as defined in section 13.02, subdivision 19.

 

Subd. 8.  Public report.  At least annually, the designated community-based research organization shall publish a summary of data submitted pursuant to subdivisions 1 and 2.  The board shall make the summary available on the board's website.  The summary shall exclude peace officers' names and license numbers and any other not public data as defined by section 13.02, subdivision 8a.

 

Sec. 4.  Minnesota Statutes 2018, section 626.8457, subdivision 1, is amended to read:

 

Subdivision 1.  Model policy to be developed.  By March 1, 1996, the Peace Officer Standards and Training Board shall develop and distribute to all chief law enforcement officers a model policy regarding the professional conduct of peace officers.  The policy must address issues regarding professional conduct not addressed by the standards of conduct under Minnesota Rules, part 6700.1600.  The policy must define unprofessional conduct to include, but not be limited to, conduct prohibited by section 609.43, including timely submission of peace officer misconduct data under section 626.8435, whether or not there has been a conviction for a violation of that section.  The policy must also describe the procedures that a local law enforcement agency may follow in investigating and disciplining peace officers alleged to have behaved unprofessionally."


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Page 4, after line 20, insert:

 

"Sec. 10.  APPROPRIATION; PEACE OFFICER COMMUNITY POLICING EXCELLENCE REPORT DATABASE.

 

(a) $....... in fiscal year 2021 is appropriated from the general fund to the Office of Justice Programs for a grant to a qualified community-based research organization to develop a system to classify and report peace officer discipline by category, severity, type, and demographic data of those involved in the incident.  The executive director of the Office of Justice Programs must consult with the Police-Community Relations Council before selecting a community-based research organization to receive the grant.  As part of the system, the grant recipient must develop and incorporate:

 

(1) a protocol to assign a unique identifier for each peace officer; and

 

(2) safeguards to protect personal identifying information of peace officers.

 

(b) The grant recipient, in consultation with the stakeholder group identified in paragraph (c), may recommend changes on how to adapt the system under paragraph (a) to collect additional policing data that corresponds with peace officer interactions with the public generally and suspects, arrests, and victims specifically.

 

(c) In developing the system described in paragraph (a), the grant recipient shall consult with the Police‑Community Relations Council established under section 626.8434."

 

Page 7, after line 10, insert:

 

"Sec. 2.  Minnesota Statutes 2018, section 415.16, subdivision 1, is amended to read:

 

Subdivision 1.  No exception for on-premises residence; hires made before July 1, 2020.  Notwithstanding any contrary provision of other law, home rule charter, ordinance or resolution, no statutory or home rule charter city or county shall require that a person hired before July 1, 2020, be a resident of the city or county as a condition of employment by the city or county except for positions which by their duties require the employee to live on the premises of the person's place of employment.

 

EFFECTIVE DATE.  This section is effective July 1, 2020.

 

Sec. 3.  Minnesota Statutes 2018, section 415.16, is amended by adding a subdivision to read:

 

Subd. 1a.  Residency requirements; hires made on or after July 1, 2020.  A statutory or home rule charter city or county may require that a person hired on or after July 1, 2020, be a resident of the city or county as a condition of employment by the city or county.

 

EFFECTIVE DATE.  This section is effective July 1, 2020."

 

Page 15, line 29, delete everything after "not" and insert "authorize arbitrators appointed under this section to hear arbitrations of public employees who are not peace officers."

 

Page 15, line 31, delete "no fewer than 25" and insert "six"

 

Page 16, line 1, after the period, insert "Arbitrators appointed to the roster shall only hear grievance arbitrations for peace officers as provided under this section."


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Page 17, delete sections 14 and 15

 

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 11, delete everything after the semicolon and insert "expanding the membership of the Board of Peace Officer Standards and Training; establishing a Police-Community Relations Council to report to and advise the Peace Officer Standards and Training Board; permitting statutory or home rule charter cities and counties to establish residency requirements as a condition of employment for new hires;"

 

Page 1, delete line 12

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Freiberg from the Committee on Government Operations to which was referred:

 

H. F. No. 75, A bill for an act relating to public safety; prohibiting public safety critical incident stress management information as evidence; reporting law enforcement use of force; establishing a critical incident review process for peace officer involved shootings; establishing an Office of Community-Led Public Safety Coordination; establishing grants to promote co-responder teams; establishing grants to promote community healing; establishing standards for crisis intervention and mental illness crisis training for peace officers; requiring the development and implementation of autism training for peace officers; requiring reports; appropriating money; amending Minnesota Statutes 2018, sections 626.553, subdivision 2, by adding subdivisions; 626.8469; proposing coding for new law in Minnesota Statutes, chapters 181; 299A; 626; repealing Minnesota Statutes 2018, section 181.973.

 

Reported the same back with the following amendments:

 

Page 2, after line 21, insert:

 

"Sec. 2.  Minnesota Statutes 2018, section 201.014, is amended by adding a subdivision to read:

 

Subd. 2a.  Felony conviction; restoration of civil right to vote.  An individual convicted of a felony has the civil right to vote restored when the individual completes any incarceration imposed and executed by the court for the offense, or upon sentencing if no incarceration is imposed.  If the individual is later incarcerated for the same offense, the individual's civil right to vote is lost only during the period of incarceration.

 

Sec. 3.  Minnesota Statutes 2018, section 201.071, subdivision 1, is amended to read:

 

Subdivision 1.  Form.  Both paper and electronic voter registration applications must contain the same information unless otherwise provided by law.  A voter registration application must contain spaces for the following required information:  voter's first name, middle name, and last name; voter's previous name, if any; voter's current address; voter's previous address, if any; voter's date of birth; voter's municipality and county of residence; voter's telephone number, if provided by the voter; date of registration; current and valid Minnesota driver's license number or Minnesota state identification number, or if the voter has no current and valid Minnesota


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driver's license or Minnesota state identification, the last four digits of the voter's Social Security number; and voter's signature.  The paper registration application may include the voter's e­mail address, if provided by the voter.  The electronic voter registration application must include the voter's e­mail address.  The registration application may include the voter's interest in serving as an election judge, if indicated by the voter.  The application must also contain the following certification of voter eligibility:

 

"I certify that I:

 

(1) will be at least 18 years old on election day;

 

(2) am a citizen of the United States;

 

(3) will have resided in Minnesota for 20 days immediately preceding election day;

 

(4) maintain residence at the address given on the registration form;

 

(5) am not under court-ordered guardianship in which the court order revokes my right to vote;

 

(6) have not been found by a court to be legally incompetent to vote;

 

(7) have the right to vote because, if I have been convicted of a felony, my felony sentence has expired (been completed) or I have been discharged from my sentence am not currently incarcerated for a felony offense; and

 

(8) have read and understand the following statement:  that giving false information is a felony punishable by not more than five years imprisonment or a fine of not more than $10,000, or both."

 

The certification must include boxes for the voter to respond to the following questions:

 

"(1) Are you a citizen of the United States?" and

 

"(2) Will you be 18 years old on or before election day?"

 

And the instruction:

 

"If you checked 'no' to either of these questions, do not complete this form."

 

The form of the voter registration application and the certification of voter eligibility must be as provided in this subdivision and approved by the secretary of state.  Voter registration forms authorized by the National Voter Registration Act must also be accepted as valid.  The federal postcard application form must also be accepted as valid if it is not deficient and the voter is eligible to register in Minnesota.

 

An individual may use a voter registration application to apply to register to vote in Minnesota or to change information on an existing registration.

 

Sec. 4.  [201.276] DUTIES OF SECRETARY OF STATE; INFORMATION ABOUT VOTING RIGHTS.

 

The secretary of state shall develop accurate and complete information in a single publication about the voting rights of people who have been charged with or convicted of a crime.  This publication must be made available electronically to the state court administrator for distribution to judges, court personnel, probation officers, and the commissioner of corrections for distribution to corrections officials, parole and supervised release agents, and the public.


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Sec. 5.  Minnesota Statutes 2019 Supplement, section 204C.10, is amended to read:

 

204C.10 POLLING PLACE ROSTER; VOTER SIGNATURE CERTIFICATE; VOTER RECEIPT.

 

(a) An individual seeking to vote shall sign a polling place roster or voter signature certificate which states that the individual:

 

(1) is at least 18 years of age,;

 

(2) is a citizen of the United States,;

 

(3) has resided in Minnesota for 20 days immediately preceding the election,;

 

(4) maintains residence at the address shown,;

 

(5) is not under a guardianship in which the court order revokes the individual's right to vote,;

 

(6) has not been found by a court of law to be legally incompetent to vote or;

 

(7) has the right to vote because, if the individual was convicted of a felony, the felony sentence has expired or been completed or the individual has been discharged from the sentence, completed the term of incarceration, if any, for the felony offense;

 

(8) is registered; and

 

(9) has not already voted in the election. 

 

The roster must also state:  "I understand that deliberately providing false information is a felony punishable by not more than five years imprisonment and a fine of not more than $10,000, or both."

 

(b) At the presidential nomination primary, the polling place roster must also state:  "I am in general agreement with the principles of the party for whose candidate I intend to vote."  This statement must appear separately from the statements required in paragraph (a).  The felony penalty provided for in paragraph (a) does not apply to this paragraph.

 

(c) A judge may, before the applicant signs the roster or voter signature certificate, confirm the applicant's name, address, and date of birth.

 

(d) After the applicant signs the roster or voter signature certificate, the judge shall give the applicant a voter's receipt.  The voter shall deliver the voter's receipt to the judge in charge of ballots as proof of the voter's right to vote, and thereupon the judge shall hand to the voter the ballot.  The voters' receipts must be maintained during the time for notice of filing an election contest.

 

(e) Whenever a challenged status appears on the polling place roster, an election judge must ensure that the challenge is concealed or hidden from the view of any voter other than the voter whose status is challenged.

 

Sec. 6.  [243.205] NOTICE OF RESTORATION OF RIGHT TO VOTE.

 

Subdivision 1.  Correctional facilities; designation of official.  The chief executive officer of each state and local correctional facility shall designate an official within the facility to provide the notice and application required under this section to persons to whom the civil right to vote is restored by reason of the persons' release from actual incarceration.  The official shall maintain an adequate supply of voter registration applications and informational materials for this purpose.


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Subd. 2.  Notice requirement.  A notice of restoration of the civil right to vote and a voter registration application must be provided as follows:

 

(1) the chief executive officer of each state and local correctional facility shall provide the notice and application to a person being released from the facility following incarceration for a felony-level offense; and

 

(2) a probation officer or supervised release agent shall provide the notice and application to all individuals under correctional supervision for a felony-level offense.

 

Subd. 3.  Form of notice.  The notice required by subdivision 2 must appear substantially as follows:

 

"NOTICE OF RESTORATION OF YOUR RIGHT TO VOTE.

 

Your receipt of this notice today means that your right to vote in Minnesota has been restored.  Before you can vote on election day, you still need to register to vote.  To register, you may complete a voter registration application and return it to the Office of the Minnesota Secretary of State.  You may also register to vote in your polling place on election day.  You will not be permitted to cast a ballot until you register to vote.  The first time you appear at your polling place to cast a ballot, you may be required to provide proof of your current residence."

 

Subd. 4.  Failure to provide notice.  A failure to provide proper notice as required by this section does not prevent the restoration of the person's civil right to vote."

 

Page 3, after line 7, insert:

 

"Sec. 8.  Minnesota Statutes 2018, section 609.165, subdivision 1, is amended to read:

 

Subdivision 1.  Restoration.  When a person has been deprived of civil rights by reason of conviction of a crime and is thereafter discharged, such discharge shall restore the person to all civil rights and to full citizenship, with full right to vote and hold office, the same as if such conviction had not taken place, and the order of discharge shall so provide."

 

Page 9, line 3, delete "8" and insert "14"

 

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 9, after the first semicolon, insert "restoring the civil right to vote of an individual upon release from incarceration or upon sentencing if no incarceration is imposed; requiring notice;"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Lesch from the Judiciary Finance and Civil Law Division to which was referred:

 

H. F. No. 76, A bill for an act relating to public safety; clarifying the type of data included in the status of a complaint or charge against a peace officer; extending the civil statute of limitations for certain actions by peace officers; tolling the civil statute of limitations during investigations of peace officers; prohibiting warrior-style


Journal of the House - 3rd Day - Tuesday, June 16, 2020 - Top of Page 63

training for peace officers; prohibiting the use of certain restraints; requiring law enforcement agencies to update policies regarding the use of force; establishing a duty for peace officers to intercede when another peace officer is using unreasonable force; establishing a duty for peace officers to report excessive force incidents; requiring law enforcement agencies to adopt policies that require peace officers to intercede when another officer is using unreasonable force; authorizing the cities of Minneapolis and St. Paul to impose residency requirements for peace officers; 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; requiring law enforcement policies, guidelines, training, and reporting on matters relating to procedural justice and community interactions; amending arbitrator selection for peace officer grievance arbitrations; authorizing rulemaking; appropriating money; amending Minnesota Statutes 2018, sections 13.43, subdivision 2; 541.073, subdivision 2; 573.02, subdivision 1; 609.06, subdivision 1, by adding a subdivision; 626.8452, by adding a subdivision; 626.89, subdivisions 2, 17; proposing coding for new law in Minnesota Statutes, chapters 541; 626.

 

Reported the same back with the following amendments:

 

Page 1, after line 25, insert:

 

"Section 1.  Minnesota Statutes 2018, section 626.841, is amended to read:

 

626.841 BOARD; MEMBERS.

 

The Board of Peace Officer Standards and Training shall be composed of the following 15 19 members:

 

(1) two members to be appointed by the governor from among the county sheriffs in Minnesota;

 

(2) four members to be appointed by the governor from among peace officers in Minnesota municipalities, at least two of whom shall be chiefs of police;

 

(3) two members to be appointed by the governor from among peace officers, at least one of whom shall be a member of the Minnesota State Patrol Association;

 

(4) the superintendent of the Minnesota Bureau of Criminal Apprehension or a designee;

 

(5) two members appointed by the governor from among peace officers, or former peace officers, who are currently employed on a full-time basis in a professional peace officer education program;

 

(6) two members to be appointed by the governor, one member to be appointed from among administrators of Minnesota colleges or universities that offer professional peace officer education, and one member to be appointed from among the elected city officials in statutory or home rule charter cities of under 5,000 population outside the metropolitan area, as defined in section 473.121, subdivision 2; and

 

(7) two four members appointed by the governor from among the general public, of which at least one member must be a representative of a statewide crime victim coalition, at least one member must be a person of color, and at least one member must be a resident of a county other than a metropolitan county as defined in section 473.121, subdivision 4; and

 

(8) two members appointed by the commissioner of human rights from the general public, of which one member must be a community organizer nominated by an organization that organizes direct action campaigns and one member must have experience serving on a law enforcement agency's civilian review board.

 

A chair shall be appointed by the governor from among the members.  In making appointments the governor shall strive to achieve representation from among the geographic areas of the state.


Journal of the House - 3rd Day - Tuesday, June 16, 2020 - Top of Page 64

Sec. 2.  [626.8434] POLICE-COMMUNITY RELATIONS COUNCIL.

 

Subdivision 1.  Establishment and membership.  The Police-Community Relations Council is established under the Peace Officer Standards and Training Board.  The council consists of the following 15 members:

 

(1) the superintendent of the Bureau of Criminal Apprehension, or a designee;

 

(2) the executive director of the Peace Officer Standards and Training Board, or a designee;

 

(3) the executive director of the Minnesota Police and Peace Officers Association, or a designee;

 

(4) the executive director of the Minnesota Sheriff's Association, or a designee;

 

(5) the executive director of the Minnesota Chiefs of Police Association, or a designee; and

 

(6) ten community members, of which:

 

(i) four members shall represent the community-specific boards established under section 257.0768, reflecting one appointment made by each board;

 

(ii) two members shall be mental health advocates, of which one member shall be appointed by the Minnesota chapter of the National Alliance on Mental Illness and the other appointed by the governor's Council on Mental Health;

 

(iii) two members shall be advocates for victims, of which one member shall be appointed by Violence Free Minnesota and the other appointed by the Minnesota Coalition Against Sexual Assault;

 

(iv) one member shall represent a community organization that organizes direct action campaigns and shall be appointed by the commissioner of human rights; and

 

(v) one member shall have experience serving on a law enforcement agency's civilian review board and shall be appointed by the commissioner of human rights.

 

Subd. 2.  Duties.  (a) The council shall:

 

(1) make recommendations on police-community relations to the board;

 

(2) review and make disciplinary and policy recommendations to the board on civilian initiated police misconduct complaints filed with the board; and

 

(3) monitor and make recommendations on peace officer community policing excellence data collected under section 626.8435.

 

(b) The council's recommendations to the board under paragraph (a), clause (2), must be implemented by the board unless two-thirds of the members vote to reject a recommendation within three months of receiving the recommendation from the council.

 

Subd. 3.  Organization.  The council shall be organized and administered under section 15.059, except that subdivision 2 shall not apply.  Council members serve at the pleasure of the appointing authority.  The council shall select a chairperson from among the members by majority vote at its first meeting.  The chair may serve in that role for a period of two years.  The executive director of the board shall serve as the council's executive secretary and is an ex officio, nonvoting member.  The council does not expire.


Journal of the House - 3rd Day - Tuesday, June 16, 2020 - Top of Page 65

Subd. 4.  Meetings.  The council must meet at least quarterly.  Meetings of the council are governed by chapter 13D.

 

Subd. 5.  Office support.  The executive director of the board shall provide the council with the necessary office space, supplies, equipment, and clerical support to effectively perform the duties imposed.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 3.  [626.8435] PEACE OFFICER COMMUNITY POLICING EXCELLENCE DATA.

 

Subdivision 1.  Purpose.  The purpose of this section is:

 

(1) to create data profiles for stakeholders to conduct needs assessments and make appropriate recommendations to drive improvements in police effectiveness, efficiency, training, supervision, procedural justice, accountability, and community relations;

 

(2) for police departments to more effectively manage their risks and improve transparency; and

 

(3) for community members and advocates, as well as policy makers, decision makers, and funders to have access to accurate relevant information to help improve policing practices in Minnesota.

 

Subd. 2.  Data submission.  (a) Beginning January 15, 2021, a chief law enforcement officer of a law enforcement agency shall submit the following data regarding peace officers employed by the law enforcement agency to a designated community-based research organization that has contracted with the Department of Public Safety to monitor the data, compile the report, and provide the notifications required by this section:

 

(1) the existence and status of a complaint made against an employed peace officer including:

 

(i) the peace officer's unique identifier;

 

(ii) the nature of the complaint;

 

(iii) whether the complaint was filed by a member of the public, a law enforcement agency, or another source;

 

(iv) whether the complaint resulted in disciplinary action;

 

(v) the final disposition of a complaint when disciplinary action was taken including:

 

(A) the specific reason for the action taken; and

 

(B) data documenting the basis of the action taken, except that data that would identify confidential sources who are employees of the public body shall not be disclosed; and

 

(vi) the final disposition of any complaint:

 

(A) determined to be unfounded or otherwise not sustained;

 

(B) for which a peace officer was later exonerated; or

 

(C) which resulted in a nondisciplinary resolution including but not limited to employee counseling;

 

(2) the unique identifier of any peace officer pending criminal prosecution, excluding traffic violations;


Journal of the House - 3rd Day - Tuesday, June 16, 2020 - Top of Page 66

(3) the unique identifier of any peace officer who was terminated due to substantiated findings of officer misconduct and a summary of the basis for that termination;

 

(4) the unique identifier of any peace officer whose employment was terminated by resignation in lieu of termination as a result of officer misconduct and a summary of the basis for the action; and

 

(5) the unique identifier of any peace officer involved in a use of force incident.

 

(b) For purposes of this section "complaint" means all formally filed allegations involving:

 

(1) public reported misconduct;

 

(2) excessive force;

 

(3) the integrity or truthfulness of an officer;

 

(4) violations of the law; or

 

(5) sexual misconduct or harassment.

 

(c) The board shall establish and publish guidelines, in consultation with the designated community-based research organization, that are consistent with paragraph (b) on what constitutes a valid complaint that must be reported under this section.

 

(d) The reporting requirements in paragraph (a) are in addition to any other officer discipline reporting requirements established in law.  Failure of a chief law enforcement officer to comply with the reporting requirements established under this section is a violation of the peace officer professional code of conduct established pursuant to section 626.8457.

 

Subd. 3.  Data storage and access.  (a) The designated community-based research organization shall maintain the data collected under this section subject to the provisions of chapter 13.

 

(b) The Peace Officer Standards and Training Board and the Police-Community Relations Council must have direct access to both summary and individual data collected under this section.

 

Subd. 4.  Updated data.  Within 30 days of final disposition of a complaint, as defined in section 13.43, subdivision 2, paragraph (b), the chief law enforcement officer of the law enforcement agency that employs the officer shall submit a supplemental report containing the information identified in subdivision 2, paragraph (a), clauses (1) to (5).

 

Subd. 5.  Monitoring data; pattern of misconduct.  (a) The designated community-based research organization must monitor the data on an ongoing basis to collect data on officers subject to multiple complaints and excessive use of force incidents and, in consultation with the Police-Community Relations Council, establish criteria for notifying an officer's employer when:  (1) the officer has been determined to have an excessive number of complaints; or (2) a peace officer is potentially at risk of causing harm to self or others.  If the criteria for notifying an officer's employer are met, the designated community-based research organization, after consulting with the Police-Community Relations Council, shall notify the officer's employer and suggest the need for an intervention.  A notice sent under this subdivision is not available to the public.

 

(b) The designated nonprofit research organization may access the data at any time that is necessary to perform the duties imposed under this section.


Journal of the House - 3rd Day - Tuesday, June 16, 2020 - Top of Page 67

Subd. 6.  Confidentiality agreement prohibited.  Law enforcement agencies and political subdivisions are prohibited from entering into a confidentiality agreement that would prevent disclosure of the data identified in subdivision 2 to the board.  Any such confidentiality agreement is void as to the requirements of this section.

 

Subd. 7.  Data classification.  Data received by the designated community-based research organization pursuant to subdivisions 2 and 3 is private data on individuals as defined in section 13.02, subdivision 12, and the data must be maintained according to the statutory provisions applicable to the data.  This classification does not restrict the organization's authority to publish summary data as defined in section 13.02, subdivision 19.

 

Subd. 8.  Public report.  At least annually, the designated community-based research organization shall publish a summary of data submitted pursuant to subdivisions 1 and 2.  The board shall make the summary available on the board's website.  The summary shall exclude peace officers' names and license numbers and any other not public data as defined by section 13.02, subdivision 8a.

 

Subd. 9.  Peace Officer Standards and Training Board analysis; recommendations; investigations.  (a) The council may review and make disciplinary and policy recommendations on a chief law enforcement officer or a law enforcement agency if there is a pattern of an officer supervised by the chief or employed by the agency demonstrating a pattern of excessive use of force or a pattern of use of force incidents.

 

(b) The board shall establish a process to require chief law enforcement officers and individual licensees to show justification for use of force incidents that violate the agency's policy.

 

Sec. 4.  Minnesota Statutes 2018, section 626.8457, subdivision 1, is amended to read:

 

Subdivision 1.  Model policy to be developed.  By March 1, 1996, the Peace Officer Standards and Training Board shall develop and distribute to all chief law enforcement officers a model policy regarding the professional conduct of peace officers.  The policy must address issues regarding professional conduct not addressed by the standards of conduct under Minnesota Rules, part 6700.1600.  The policy must define unprofessional conduct to include, but not be limited to, conduct prohibited by section 609.43, including timely submission of peace officer misconduct data under section 626.8435, whether or not there has been a conviction for a violation of that section.  The policy must also describe the procedures that a local law enforcement agency may follow in investigating and disciplining peace officers alleged to have behaved unprofessionally."

 

Page 4, after line 20, insert:

 

"Sec. 10.  APPROPRIATION; PEACE OFFICER COMMUNITY POLICING EXCELLENCE REPORT DATABASE.

 

(a) $....... in fiscal year 2021 is appropriated from the general fund to the Office of Justice Programs for a grant to a qualified community-based research organization to develop a system to classify and report peace officer discipline by category, severity, type, and demographic data of those involved in the incident.  The executive director of the Office of Justice Programs must consult with the Police-Community Relations Council before selecting a community-based research organization to receive the grant.  As part of the system, the grant recipient must develop and incorporate:

 

(1) a protocol to assign a unique identifier for each peace officer; and

 

(2) safeguards to protect personal identifying information of peace officers.

 

(b) The grant recipient, in consultation with the stakeholder group identified in paragraph (c), may recommend changes on how to adapt the system under paragraph (a) to collect additional policing data that corresponds with peace officer interactions with the public generally and suspects, arrests, and victims specifically.


Journal of the House - 3rd Day - Tuesday, June 16, 2020 - Top of Page 68

(c) In developing the system described in paragraph (a), the grant recipient shall consult with the Police‑Community Relations Council established under section 626.8434."

 

Page 4, delete section 1

 

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 2, delete everything after the semicolon

 

Page 1, line 3, delete everything before "extending" and insert "expanding the membership of the Board of Peace Officer Standards and Training; establishing a Police-Community Relations Council to report to and advise the Peace Officer Standards and Training Board;"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Lesch from the Judiciary Finance and Civil Law Division to which was referred:

 

H. F. No. 77, A bill for an act relating to public safety; modifying a peace officer's authority to use deadly force; assigning prosecutorial authority for peace-officer-involved deaths to the attorney general; establishing an independent Use of Force Investigations Unit within the Bureau of Criminal Apprehension; limiting the use of money bail for certain offenses; requiring reports; appropriating money; amending Minnesota Statutes 2018, sections 8.01; 388.051, subdivision 1; 609.066, subdivision 2, by adding a subdivision; 626.8452, subdivision 1; 629.53; proposing coding for new law in Minnesota Statutes, chapters 8; 299C.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Lesch from the Judiciary Finance and Civil Law Division to which was referred:

 

H. F. No. 78, A bill for an act relating to public safety; prohibiting public safety critical incident stress management information as evidence; reporting law enforcement use of force; establishing a critical incident review process for peace officer involved shootings; establishing an Office of Community-Led Public Safety Coordination; establishing grants to promote co-responder teams; establishing grants to promote community healing; establishing standards for crisis intervention and mental illness crisis training for peace officers; requiring the development and implementation of autism training for peace officers; requiring reports; appropriating money; amending Minnesota Statutes 2018, sections 626.553, subdivision 2, by adding subdivisions; 626.8469; proposing coding for new law in Minnesota Statutes, chapters 181; 299A; 626; repealing Minnesota Statutes 2018, section 181.973.

 

Reported the same back with the following amendments:

 

Page 1, delete section 1 and insert:


Journal of the House - 3rd Day - Tuesday, June 16, 2020 - Top of Page 69

"Section 1.  [299A.018] OFFICER-INVOLVED DEATH REVIEW BOARD.

 

Subdivision 1.  Definitions.  (a) The following terms have the meanings provided.

 

(b) "Board" means the Officer-Involved Death Review Board.

 

(c) "Commissioner" means the commissioner of public safety.

 

(d) "Law enforcement agency" has the meaning given in section 626.84, subdivision 1, paragraph (f).

 

(e) "Officer-involved death" means the death of a person that results from a peace officer's use of force while the officer is on duty or off duty but performing activities that are within the scope of the officer's law enforcement duties.

 

(f) "Peace officer" has the meaning given in section 626.84, subdivision 1, paragraph (c).

 

Subd. 2.  Establishment; membership; office support.  (a) The Officer-Involved Death Review Board is established in the Department of Public Safety.  The board consists of the following members:

 

(1) the superintendent of the Bureau of Criminal Apprehension;

 

(2) a member of the Peace Officer Standards and Training Board selected by the executive director of the Peace Officer Standards and Training Board;

 

(3) a representative of the Office of Violence Prevention in the Department of Health;

 

(4) the commissioner of the Department of Human Rights, or a designee;

 

(5) the commissioner of corrections, or a designee; and

 

(6) six persons selected by the commissioner that must include:

 

(i) a medical examiner or coroner;

 

(ii) a use of force expert;

 

(iii) a civil rights expert;

 

(iv) a prosecutor with expertise in officer-involved death reviews;

 

(v) a member of the public from the seven-county metropolitan area; and

 

(vi) a member of the public from outside of the seven-county metropolitan area.

 

(b) Members will be appointed to two-year terms.  Membership is renewable one time.

 

(c) The commissioner must convene the board no later than November 1, 2020, and provide meeting space and administrative assistance necessary for the board to conduct its work, including documentation of meetings and review findings.


Journal of the House - 3rd Day - Tuesday, June 16, 2020 - Top of Page 70

Subd. 3.  Review teams.  (a) The board shall appoint a review team from among the board members to collect, review, and analyze data related to each officer-involved death that occurs in the state.  The board may also invite other relevant persons to participate as full members of a review team as needed.  Review team membership should represent the cultural and racial diversity of the community where the death occurred, to the extent possible.  A member may not participate in a review if the member is a current or former employee of the agency that is the subject of the team's review.

 

(b) In determining the cause of death, the review team shall consider death certificates and other data relevant to determining cause of death, including investigative reports and medical records.  The review team may also analyze additional available information concerning the decedent.

 

(c) As part of the review team's investigation of a peace officer involved in an officer-involved death, the team shall review:

 

(1) the peace officer's complete employment and training records;

 

(2) the policies and standard operating procedures of the agency that employs the peace officer;

 

(3) applicable collective bargaining agreements; and

 

(4) other pertinent information concerning the peace officer and the agency that employs the peace officer.

 

Subd. 4.  Access to data.  (a) The review team has access to the following not public data, as defined in section 13.02, subdivision 8a, relating to an officer-involved death:

 

(1) inactive law enforcement investigative data under section 13.82;

 

(2) autopsy records and coroner or medical examiner investigative data under section 13.83;

 

(3) hospital, public health, or other medical records of the decedent under section 13.384; and

 

(4) records under section 13.46, created by social services agencies that provided services to the decedent.

 

(b) Access to medical records under this paragraph also includes records governed by sections 144.291 to 144.298.

 

(c) The board has access to corrections and detention data as provided in section 13.85.

 

Subd. 5.  Agency notice; cooperation.  (a) The chief law enforcement officer of a law enforcement agency that has an officer-involved death must notify the commissioner within 30 days of the death.  The commissioner shall forward a copy of the filing to the board.  The notification shall contain information concerning the reason for and circumstances surrounding the death.

 

(b) The law enforcement agency that employs a peace officer who was involved in an officer-involved death must cooperate fully with the board and a review team appointed by the board.  The chief law enforcement officer of the agency that employs an officer under investigation by a review team must provide written answers to questions posed by the review team or the board.

 

Subd. 6.  Compel production of records; subpoena.  As part of any review, the board may compel the production of other records by applying to the district court for a subpoena, which will be effective throughout the state according to the Rules of Civil Procedure.


Journal of the House - 3rd Day - Tuesday, June 16, 2020 - Top of Page 71

Subd. 7.  Officer-involved death reviews and recommendations.  (a) The board must conduct an initial review of each officer-involved death within 90 days of the final adjudication of the event to determine any immediate action, appropriate local representation, and timeline.  The board must submit a publicly available summary of the incident and the board's response plan.

 

(b) The board must identify and analyze the root causes of the incident.

 

(c) The full review must be completed within six months of the final adjudication of the event and the report must be filed with the commissioner and agency that employed the peace officer involved in the event within 60 days of completion of the review.

 

(d) The board shall make recommendations to the commissioner for changes in statewide training of peace officers.  Following the analysis, the board must prepare a report that recommends policy and system changes to reduce and prevent future incidents across jurisdictions, agencies, and systems.

 

(e) The commissioner must post the report on the Department of Public Safety's public website.  The posted report must comply with chapter 13 and any data that is not public data must be redacted.

 

Subd. 8.  Confidentiality; data privacy.  (a) A person attending a board meeting may not disclose what transpired at the meeting, except to carry out the purposes of the review or as otherwise provided in this subdivision.

 

(b) The board may disclose the names of the decedents in the cases it reviews.

 

(c) Proceedings and records of the board are confidential data as defined in section 13.02, subdivision 3, or protected nonpublic data as defined in section 13.02, subdivision 13, regardless of their classification in the hands of the person who provided the data, and are not subject to discovery or introduction into evidence in a civil or criminal action against a professional, the state, or a county agency, arising out of the matters the team is reviewing.  Information, documents, and records otherwise available from other sources are not immune from discovery or use in a civil or criminal action solely because they were presented during proceedings of the board.

 

(d) This subdivision does not limit a person who presented information before the board or who is a member of the panel from testifying about matters within the person's knowledge.  However, in a civil or criminal proceeding, a person may not be questioned about the person's good faith presentation of information to the board or opinions formed by the person as a result of the board meetings.

 

Subd. 9.  External advice.  The board shall identify an external impartial entity to facilitate reviews and establish the review process.

 

Subd. 10.  Reports to the legislature.  By June 15 of each year, the board must report to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over public safety on:

 

(1) the number of reviews performed under this section in the last year;

 

(2) aggregate data on reviews performed;

 

(3) the number of reviews that included a recommendation that the law enforcement agency under review implement a corrective action plan;

 

(4) a description of any recommendations made to the commissioner for statewide training of peace officers; and

 

(5) recommendations for legislative action."


Journal of the House - 3rd Day - Tuesday, June 16, 2020 - Top of Page 72

Page 3, delete sections 3 and 4

 

Page 4, delete section 5

 

Page 10, delete section 13

 

Renumber the sections in sequence and correct the internal references

 

Amend the title as follows:

 

Page 1, line 2, delete everything after the semicolon

 

Page 1, line 3, delete everything before "reporting" and insert "providing for officer-involved death review board;"

 

Page 1, delete line 4

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Mariani from the Public Safety and Criminal Justice Reform Finance and Policy Division to which was referred:

 

H. F. No. 92, A bill for an act relating to public safety; prohibiting public safety critical incident stress management information as evidence; reporting law enforcement use of force; establishing a critical incident review process for peace officer involved shootings; establishing an Office of Community-Led Public Safety Coordination; establishing grants to promote co-responder teams; establishing grants to promote community healing; establishing standards for crisis intervention and mental illness crisis training for peace officers; requiring the development and implementation of autism training for peace officers; restoring the civil right to vote of an individual upon release from incarceration or upon sentencing if no incarceration is imposed; requiring notice; requiring reports; appropriating money; amending Minnesota Statutes 2018, sections 201.014, by adding a subdivision; 201.071, subdivision 1; 609.165, subdivision 1; 626.553, subdivision 2, by adding subdivisions; 626.8469; Minnesota Statutes 2019 Supplement, section 204C.10; proposing coding for new law in Minnesota Statutes, chapters 181; 201; 243; 299A; 626; repealing Minnesota Statutes 2018, section 181.973.

 

Reported the same back with the following amendments:

 

Page 1, delete section 1

 

Page 6, after line 17, insert:

 

"Sec. 6.  [299A.018] OFFICER-INVOLVED DEATH REVIEW BOARD.

 

Subdivision 1.  Definitions.  (a) The following terms have the meanings provided.

 

(b) "Board" means the Officer-Involved Death Review Board.

 

(c) "Commissioner" means the commissioner of public safety.


Journal of the House - 3rd Day - Tuesday, June 16, 2020 - Top of Page 73

(d) "Law enforcement agency" has the meaning given in section 626.84, subdivision 1, paragraph (f).

 

(e) "Officer-involved death" means the death of a person that results from a peace officer's use of force while the officer is on duty or off duty but performing activities that are within the scope of the officer's law enforcement duties.

 

(f) "Peace officer" has the meaning given in section 626.84, subdivision 1, paragraph (c).

 

Subd. 2.  Establishment; membership; office support.  (a) The Officer-Involved Death Review Board is established in the Department of Public Safety.  The board consists of the following members:

 

(1) the superintendent of the Bureau of Criminal Apprehension;

 

(2) a member of the Peace Officer Standards and Training Board selected by the executive director of the Peace Officer Standards and Training Board;

 

(3) a representative of the Office of Violence Prevention in the Department of Health;

 

(4) the commissioner of the Department of Human Rights or a designee;

 

(5) the commissioner of corrections or a designee; and

 

(6) six persons selected by the commissioner that must include:

 

(i) a medical examiner or coroner;

 

(ii) a use of force expert;

 

(iii) a civil rights expert;

 

(iv) a prosecutor with expertise in officer-involved death reviews;

 

(v) a member of the public from the seven-county metropolitan area; and

 

(vi) a member of the public from outside of the seven-county metropolitan area.

 

(b) Members will be appointed to two-year terms.  Membership is renewable one time.

 

(c) The commissioner must convene the board no later than November 1, 2020, and provide meeting space and administrative assistance necessary for the board to conduct its work, including documentation of meetings and review findings.

 

Subd. 3.  Review teams.  (a) The board shall appoint a review team from among the board members to collect, review, and analyze data related to each officer-involved death that occurs in the state.  The board may also invite other relevant persons to participate as full members of a review team as needed.  Review team membership should represent the cultural and racial diversity of the community where the death occurred, to the extent possible.  A member may not participate in a review if the member is a current or former employee of the agency that is the subject of the team's review.

 

(b) In determining the cause of death, the review team shall consider death certificates and other data relevant to determining cause of death, including investigative reports and medical records.  The review team may also analyze additional available information concerning the decedent.


Journal of the House - 3rd Day - Tuesday, June 16, 2020 - Top of Page 74

(c) As part of the review team's investigation of a peace officer involved in an officer-involved death, the team should review:

 

(1) the peace officer's complete employment and training records;

 

(2) the policies and standard operating procedures of the agency that employs the peace officer;

 

(3) applicable collective bargaining agreements; and

 

(4) other pertinent information concerning the peace officer and the agency that employs the peace officer.

 

Subd. 4.  Access to data.  (a) The review team has access to the following not public data, as defined in section 13.02, subdivision 8a, relating to an officer-involved death:

 

(1) inactive law enforcement investigative data under section 13.82;

 

(2) autopsy records and coroner or medical examiner investigative data under section 13.83;

 

(3) hospital, public health, or other medical records of the decedent under section 13.384; and

 

(4) records under section 13.46, created by social service agencies that provided services to the decedent.

 

(b) Access to medical records under this paragraph also includes records governed by sections 144.291 to 144.298.

 

(c) The board has access to corrections and detention data as provided in section 13.85.

 

Subd. 5.  Agency notice; cooperation.  (a) The chief law enforcement officer of a law enforcement agency that has an officer-involved death must notify the commissioner within 30 days of the death.  The commissioner shall forward a copy of the filing to the board.  The notification shall contain information concerning the reason for and circumstances surrounding the death.

 

(b) The law enforcement agency that employs a peace officer who was involved in an officer-involved death must cooperate fully with the board and a review team appointed by the board.  The chief law enforcement officer of the agency that employs an officer under investigation by a review team must provide written answers to questions posed by the review team or the board.

 

Subd. 6.  Compel production of records; subpoena.  As part of any review, the board may compel the production of other records by applying to the district court for a subpoena, which will be effective throughout the state according to the Rules of Civil Procedure.

 

Subd. 7.  Officer-involved death reviews and recommendations.  (a) The board must conduct an initial review of each officer-involved death within 90 days of the final adjudication of the event to determine any immediate action, appropriate local representation, and timeline.  The board must submit a publicly available summary of the incident and the board's response plan.

 

(b) The board must identify and analyze the root causes of the incident.

 

(c) The full review must be completed within six months of the final adjudication of the event and the report must be filed with the commissioner and agency that employed the peace officer involved in the event within 60 days of completion of the review.


Journal of the House - 3rd Day - Tuesday, June 16, 2020 - Top of Page 75

(d) The board shall make recommendations to the commissioner for changes in statewide training of peace officers.  Following the analysis, the board must prepare a report that recommends policy and system changes to reduce and prevent future incidents across jurisdictions, agencies, and systems.

 

(e) The commissioner must post the report on the Department of Public Safety's public website.  The posted report must comply with chapter 13 and any data that is not public data must be redacted.

 

Subd. 8.  Confidentiality; data privacy.  (a) A person attending a board meeting may not disclose what transpired at the meeting, except to carry out the purposes of the review or as otherwise provided in this subdivision.

 

(b) The board may disclose the names of the decedents in the cases it reviews.

 

(c) Proceedings and records of the board are confidential data as defined in section 13.02, subdivision 3, or protected nonpublic data as defined in section 13.02, subdivision 13, regardless of their classification in the hands of the person who provided the data, and are not subject to discovery or introduction into evidence in a civil or criminal action against a professional, the state, or a county agency, arising out of the matters the team is reviewing.  Information, documents, and records otherwise available from other sources are not immune from discovery or use in a civil or criminal action solely because they were presented during proceedings of the board.

 

(d) This subdivision does not limit a person who presented information before the board or who is a member of the panel from testifying about matters within the person's knowledge.  However, in a civil or criminal proceeding, a person may not be questioned about the person's good faith presentation of information to the board or opinions formed by the person as a result of the board meetings.

 

Subd. 9.  External advice.  The board shall identify an external impartial entity to facilitate reviews and establish the review process.

 

Subd. 10.  Reports to the legislature.  By June 15 of each year, the board must report to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over public safety on:

 

(1) the number of reviews performed under this section in the last year;

 

(2) aggregate data on reviews performed;

 

(3) the number of reviews that included a recommendation that the law enforcement agency under review implement a corrective action plan;

 

(4) a description of any recommendations made to the commissioner for statewide training of peace officers; and

 

(5) recommendations for legislative action."

 

Page 6, line 18, delete "OFFICE OF"

 

Page 6, line 19, delete "COORDINATION" and insert "COORDINATOR"

 

Page 6, delete lines 20 to 24 and insert:

 

"Subdivision 1.  Community-led public safety coordinator established.  The commissioner of public safety shall appoint a statewide community-led public safety coordinator in the Office of Justice Programs who shall serve in the unclassified service."


Journal of the House - 3rd Day - Tuesday, June 16, 2020 - Top of Page 76

Page 7, delete sections 9 and 10

 

Page 7, line 1, delete "co-responder models of" and insert "community-based"

 

Page 8, delete section 11

 

Page 13, line 12, delete "co-responder teams" and insert "community-based responses to crises"

 

Page 13, line 13, delete "co-responder" and insert "mental health crisis-response"

 

Page 13, line 15, delete "Office of Community-Led Public Safety Coordination" and insert "community-led public safety coordinator"

 

Page 13, line 17, after "to" insert "support," and delete "and" and insert ", or"

 

Page 13, line 24, delete "Office of Community-Led Public Safety Coordination" and insert "community-led public safety coordinator"

 

Page 14, delete section 19

 

Renumber the sections in sequence and correct the internal references

 

Amend the title as follows:

 

Page 1, line 2, delete everything after "safety;"

 

Page 1, line 3, delete everything before "reporting"

 

Page 1, delete line 4

 

Page 1, line 5, delete "Office of" and insert "Officer-Involved Death Review Board; establishing a" and delete "Coordination" and insert "Coordinator"

 

Page 1, line 6, delete "co-responder teams" and insert "community-based crisis intervention"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Mariani from the Public Safety and Criminal Justice Reform Finance and Policy Division to which was referred:

 

H. F. No. 93, 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; requiring law enforcement policies, guidelines, training, and reporting on matters relating to procedural justice and community interactions; amending arbitrator selection for peace officer grievance arbitrations; creating a process to collect and analyze data on complaints filed against peace officers; providing for a peace officer discipline report; expanding the membership of the Board of Peace Officer Standards and Training;


Journal of the House - 3rd Day - Tuesday, June 16, 2020 - Top of Page 77

establishing a Police-Community Relations Council to report to and advise the Peace Officer Standards and Training Board; clarifying the type of data included in the status of a complaint or charge against a peace officer; extending the civil statute of limitations for certain actions by peace officers; tolling the civil statute of limitations during investigations of peace officers; prohibiting warrior-style training for peace officers; prohibiting the use of certain restraints; requiring law enforcement agencies to update policies regarding the use of force; establishing a duty for peace officers to intercede when another peace officer is using unreasonable force; establishing a duty for peace officers to report excessive force incidents; requiring law enforcement agencies to adopt policies that require peace officers to intercede when another officer is using unreasonable force; authorizing the cities of Minneapolis and St. Paul to impose residency requirements for peace officers; authorizing rulemaking; appropriating money; amending Minnesota Statutes 2018, sections 13.43, subdivision 2; 541.073, subdivision 2; 573.02, subdivision 1; 609.06, subdivision 1, by adding a subdivision; 626.841; 626.8452, by adding a subdivision; 626.8457, subdivision 1; 626.89, subdivisions 2, 17; proposing coding for new law in Minnesota Statutes, chapters 541; 626.

 

Reported the same back with the following amendments:

 

Page 5, line 2, after "organization" insert "that has contracted with the Department of Public Safety to monitor the data, compile the report, and provide the notifications required by this section"

 

Page 6, line 12, delete "store" and insert "maintain" and delete "on a secure server" and insert "subject to the provisions of chapter 13"

 

Page 8, line 12, after "agency" insert "that employs 50 or more peace officers"

 

Page 8, line 21, before "clergy" insert "mental health professionals,"

 

Page 9, line 11, before "A" insert "At the conclusion of any criminal investigation or prosecution, if any,"

 

Page 9, line 15, delete everything after "may" and insert "make a finding of misconduct and recommend appropriate discipline against peace officers employed by the agency.  If the governing body grants a council the authority, the council may impose discipline on peace officers employed by the agency.  A council shall submit investigation reports that contain findings of peace officer misconduct to the chief law enforcement officer and the Peace Officer Standards and Training Board's complaint committee.  A council may also make policy recommendations to the chief law enforcement officer and the Peace Officer Standards and Training Board.  For purposes of this section, "misconduct" means a violation of law, standards promulgated by the Peace Officer Standards and Training Board, or agency policy."

 

Page 11, delete section 1

 

Page 17, delete section 7

 

Page 18, after line 24, insert:

 

"Sec. 6.  Minnesota Statutes 2018, section 626.8432, subdivision 2, is amended to read:

 

Subd. 2.  Mandatory revocation; discovery of disqualifying conviction after licensure; termination for wrongful use of force.  (a) The board may suspend or shall revoke a peace officer or part-time peace officer license when the licensee:

 

(1) has been convicted of a crime recognized by the board as a crime that would disqualify the licensee from participating in a professional peace officer education course, taking the peace officer licensing examination or the part-time peace officer licensing examination, or maintaining eligibility for licensure under Minnesota Rules, chapter 6700; or


Journal of the House - 3rd Day - Tuesday, June 16, 2020 - Top of Page 78

(2) is terminated for a violation of the agency's use of force policy.

 

(b) The authority to suspend or revoke a license shall include all individuals who have been granted a license when a disqualifying conviction that would have precluded eligibility for licensure is discovered after licensure.

 

(c) If the board revokes the license of an officer under paragraph (a), clause (1), and the officer is later reinstated after an appeal of the officer's termination, the board must reconsider the decision to revoke the officer's license."

 

Page 18, line 27, delete everything after "that" and insert "is intended to increase a peace officer's likelihood or willingness to use deadly force in encounters with community members."

 

Page 18, delete lines 28 and 29

 

Page 19, after line 4, insert:

 

"Sec. 8.  [626.8435] MANDATORY REPORTING PEACE OFFICER TERMINATIONS AND RESIGNATIONS.

 

A chief law enforcement officer must report to the Peace Officer Standards and Training Board when a peace officer is discharged or resigns from employment due to misconduct or when a peace officer is suspended or resigns while a misconduct investigation is pending.  The report must be made to the board within ten days after the discharge, suspension, or resignation has occurred.  The board must investigate the report for and the reporting agency must cooperate in the investigation.  Notwithstanding any provision in chapter 13 or any law to the contrary, upon written request from the board, the law enforcement agency shall provide the board with information about the peace officer from the agency's files, any termination or disciplinary proceeding, any settlement or compromise, or any investigative file."

 

Page 19, delete section 10

 

Page 20, line 18, after "(a)" insert "Regardless of tenure or rank,"

 

Page 20, line 19, delete "that is" and insert "in violation of section 609.066, subdivision 2, or otherwise"

 

Page 20, line 21, after "physically" insert "or verbally"

 

Page 20, line 23, after "incident" insert "in writing"

 

Page 20, line 24, delete "a supervisor" and insert "the chief law enforcement officer of the agency that employs the reporting peace officer"

 

Page 22, line 8, delete everything after "not" and insert "authorize arbitrators appointed under this section to hear arbitrations of public employees who are not peace officers."

 

Page 22, line 10, delete "no fewer than 25" and insert "six"

 

Page 22, line 12, after the period, insert "Arbitrators appointed to the roster shall only hear grievance arbitrations for peace officers as provided under this section."

 

Page 23, delete section 13

 

Page 24, delete lines 2 to 8


Journal of the House - 3rd Day - Tuesday, June 16, 2020 - Top of Page 79

Page 24, line 9, delete "(b)"

 

Renumber the sections in sequence and correct the internal references

 

Amend the title as follows:

 

Page 1, line 4, delete everything after the semicolon

 

Page 1, delete line 5

 

Page 1, line 6, delete everything before "amending"

 

Page 1, line 11, delete everything after the semicolon

 

Page 1, line 12, delete everything before "extending"

 

Page 1, line 14, after the semicolon, insert "providing for mandatory revocation of peace officer license for violating use of force policy;"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Liebling from the Health and Human Services Finance Division to which was referred:

 

H. F. No. 104, A bill for an act relating to human services; modifying the child care assistance provider reimbursement rates; amending Minnesota Statutes 2018, section 119B.13, subdivision 1.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Liebling from the Health and Human Services Finance Division to which was referred:

 

H. F. No. 105, A bill for an act relating to human services; extending the expiration of the executive order relating to use of telemedicine in the state medical cannabis program; extending the expiration of certain human services program waivers and modifications issued by the commissioner of human services pursuant to executive orders during the peacetime emergency declared in response to the COVID-19 pandemic; establishing a 60-day period for the commissioner of human services to transition affected programs off of COVID-19 waivers and modifications following expiration of the peacetime emergency; appropriating money.

 

Reported the same back with the following amendments:

 

Page 2, delete line 22

 

Renumber the clauses in sequence


Journal of the House - 3rd Day - Tuesday, June 16, 2020 - Top of Page 80

Page 3, line 8, delete "and 2" and insert ", 2, and 4"

 

Page 3, after line 10, insert:

 

"Subd. 4.  Modification; extension to December 30, 2020.  When the peacetime emergency declared by the governor in response to the COVID-19 outbreak expires, is terminated, or is rescinded by the proper authority, the modification in CV27:  allowing exemption for temporary absence policy in housing support, issued by the commissioner of human services pursuant to Executive Orders 20-11 and 20-12, and including any amendments to the modification issued before the peacetime emergency expires, shall remain in effect until December 30, 2020."

 

Page 3, delete lines 24 to 26 and insert:

 

"$1,135,000 in fiscal year 2021 is appropriated from the coronavirus relief federal fund to the commissioner of human services for extending the modification to the housing support temporary absence policy in section 1, subdivision 4, until December 30, 2020."

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

Marquart introduced:

 

H. F. No. 128, A bill for an act relating to local government aid; providing aid and reimbursements to counties, cities, and towns to fund expenses related to COVID-19; appropriating money from the coronavirus relief federal fund.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Lesch introduced:

 

H. F. No. 129, A bill for an act relating to civil actions; requiring affidavit requirements; preserving causes of action during peacetime emergency declaration; amending Minnesota Statutes 2018, sections 145.682, subdivision 4; 573.01.

 

The bill was read for the first time and referred to the Judiciary Finance and Civil Law Division.

 

 

Moller introduced:

 

H. F. No. 130, A bill for an act relating to unemployment insurance; waiving overpayments for applicants acting in good faith.

 

The bill was read for the first time and referred to the Jobs and Economic Development Finance Division.


Journal of the House - 3rd Day - Tuesday, June 16, 2020 - Top of Page 81

Sandstede introduced:

 

H. F. No. 131, A bill for an act relating to unemployment insurance; authorizing an extension of unemployment insurance benefits for certain mining employees.

 

The bill was read for the first time and referred to the Jobs and Economic Development Finance Division.

 

 

Noor; Winkler; Gomez; Davnie; Hassan; Dehn; Moran; Lee; Her; Xiong, J., and Mahoney introduced:

 

H. F. No. 132, A bill for an act relating to state government; establishing a special master panel to make awards to compensate for damages suffered by certain persons resulting from the civil unrest during May and June of 2020; appropriating money.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Davnie introduced:

 

H. F. No. 133, A bill for an act relating to liquor; allowing Minneapolis and St. Paul to extend certain zoning, licensing, or approvals for certain damaged liquor stores.

 

The bill was read for the first time and referred to the Committee on Commerce.

 

 

Hansen introduced:

 

H. F. No. 134, A bill for an act relating to environment; prioritizing expenditures from dry cleaner environmental response and reimbursement account; banning perchloroethylene; modifying prior appropriation; appropriating money for cost-share program; amending Minnesota Statutes 2018, section 115B.49, subdivision 3; Laws 2019, First Special Session chapter 4, article 1, section 2, subdivision 10; proposing coding for new law in Minnesota Statutes, chapter 325E.

 

The bill was read for the first time and referred to the Environment and Natural Resources Finance Division.

 

 

Garofalo introduced:

 

H. F. No. 135, A bill for an act relating to local government aid; providing aid and reimbursements to counties, cities, and towns to fund expenses related to COVID-19; appropriating money from the coronavirus relief federal fund.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Murphy introduced:

 

H. F. No. 136, A bill for an act relating to capital investment; appropriating money for the safe routes to school grant program; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on Ways and Means.


Journal of the House - 3rd Day - Tuesday, June 16, 2020 - Top of Page 82

Kresha introduced:

 

H. F. No. 137, A bill for an act relating to education finance; providing flexibility for school district revenue uses for fiscal year 2021; amending Laws 2020, chapter 116, article 3, section 8.

 

The bill was read for the first time and referred to the Education Finance Division.

 

 

Kresha introduced:

 

H. F. No. 138, A bill for an act relating to education; authorizing a school district to begin distance learning for high school students prior to Labor Day.

 

The bill was read for the first time and referred to the Committee on Education Policy.

 

 

Haley introduced:

 

H. F. No. 139, A bill for an act relating to state government; permitting the legislature to terminate any order or rule promulgated by the governor directing a response to a peacetime emergency if the emergency is continued for more than 30 days; amending Minnesota Statutes 2018, sections 12.31, subdivision 2; 12.32.

 

The bill was read for the first time and referred to the Committee on Government Operations.

 

 

Novotny introduced:

 

H. F. No. 140, A bill for an act relating to public safety; requiring peace officers to receive training on interceding when another officer is using unreasonable force; amending Minnesota Statutes 2018, section 626.8452.

 

The bill was read for the first time and referred to the Public Safety and Criminal Justice Reform Finance and Policy Division.

 

 

Novotny introduced:

 

H. F. No. 141, A bill for an act relating to public safety; establishing training for peace officers in de-escalation techniques; amending Minnesota Statutes 2018, section 626.8452, subdivision 2.

 

The bill was read for the first time and referred to the Public Safety and Criminal Justice Reform Finance and Policy Division.

 

 

Novotny introduced:

 

H. F. No. 142, A bill for an act relating to public safety; appropriating money for grants to law enforcement agencies to acquire portable recording systems.

 

The bill was read for the first time and referred to the Public Safety and Criminal Justice Reform Finance and Policy Division.


Journal of the House - 3rd Day - Tuesday, June 16, 2020 - Top of Page 83

MESSAGES FROM THE SENATE

 

 

      The following messages were received from the Senate:

 

 

Madam Speaker:

 

I hereby announce the passage by the Senate of the following House File, herewith returned: 

 

H. F. No. 11, A bill for an act relating to human services; modifying provisions relating to child care, foster care, disability services, community supports, civil commitment, maltreatment of minors, child protection, and child support; expanding definition of providers for child care assistance program; requiring students in foster care who change schools to be enrolled within seven days; requiring responsible social services agencies to initiate and facilitate phone calls between parents and foster care providers for children in out-of-home placement; requiring responsible social services agencies to coordinate prenatal alcohol exposure screenings for children in foster care; directing the commissioner of human services to modify a report and develop training; modifying provisions relating to child care services grants; clarifying commissioner authority to waive child care assistance program provider requirements during declared disaster; modifying family day care training requirements; requiring local agencies to use a universal form to process family day care variance requests and post variance policies publicly; modifying background study requirements for guardians and conservators; modifying the definition of supervision in child care center settings; extending sunset for Cultural and Ethnic Communities Leadership Council; extending the corporate adult foster care moratorium exception for a fifth bed until 2020; modifying timelines for intensive support service planning; permitting delegation of competency evaluations of direct support staff; modifying the training requirements for direct support staff providing licensed home and community-based services; codifying an existing grant program for fetal alcohol disorder prevention activities; codifying existing consumer-directed community supports laws; clarifying the excess income standard for medical assistance; extending end date for first three years of life demonstration project; permitting certain advanced practice registered nurses and physician assistants to order home health services under medical assistance; codifying existing session law governing consumer-directed community supports; modifying provisions regarding post-arrest community-based service coordination; birth to age eight pilot project participation requirements; eliminating requirement to involve state medical review agent in determination and documentation of medically necessary psychiatric residential treatment facility services; requiring establishment of per diem rate per provider of youth psychiatric residential treatment services; permitting facilities or licensed professionals to submit billing for arranged services; changing definition relating to children's mental health crisis response services; modifying intensive rehabilitative mental health services requirements and provider standards; establishing state policy regarding services offered to people with disabilities; modifying existing direction to the commissioner of human services regarding proposing changes to the home and community-based waivers; modifying requirements for service planning for home and community-based services; restoring a notice requirement when MnCHOICES assessments are required for personal care assistance services; modifying definitions, requirements, and eligibility for long-term care consultation services; modifying case management requirements for individuals receiving services through the home and community-based services waivers; modifying the definition of community-living setting; modifying provisions regarding medical assistance covered services for certified community behavioral health clinics and officer-involved community-based care coordination; modifying eligibility for children's mental health respite grants; removing certain categories from being exempt from foster care initial license moratorium; modifying background study provisions related to child foster care, children's residential facilities, foster residence settings, and housing support; modifying provisions relating to home and community-based services; modifying provisions governing state-operated community-based services environment and safety; clarifying circumstances for termination of state-operated services for individuals with complex behavioral needs; removing provision limiting medical assistance coverage for intensive mental health outpatient treatment to adults; modifying provisions relating to withdrawal management, substance use disorder, housing support, and general assistance programs; authorizing correction of housing support payments; modifying definition


Journal of the House - 3rd Day - Tuesday, June 16, 2020 - Top of Page 84

of qualified professional for purposes of applying for housing support and general assistance; allowing minor consent to homeless and sexually exploited youth services under specified circumstances; authorizing imposition of fine for repeat violations of chemical dependency or substance abuse disorder treatment program requirements; modifying provisions relating to foster care out-of-home and qualified residential treatment program placements; directing commissioner of human services to consider continuous licenses for family day care providers; instructing the revisor of statutes to modify references to the Disability Linkage Line; modifying provisions governing civil commitment; modifying the procedure for recreational license suspension and reinstatement; modifying child welfare provisions; reorganizing and clarifying sections regarding child maltreatment and neglect; authorizing engagement services pilot project; requiring reports; amending Minnesota Statutes 2018, sections 13.32, subdivision 3; 13.3805, subdivision 3; 13.43, subdivision 14; 13.82, subdivisions 8, 9, 17; 13.821; 13.84, subdivision 9; 13.871, subdivision 6; 13.88; 119B.21; 119B.26; 120B.22, subdivision 2; 125A.0942, subdivision 4; 135A.15, subdivision 10; 144.225, subdivision 2b; 144.343, subdivision 4; 144.7065, subdivision 10; 144.7068; 144A.472, subdivision 1; 144A.479, subdivision 6; 144A.4796, subdivision 6; 144H.16, subdivision 1; 144H.18, subdivision 3; 145.902, subdivision 3; 145.952, subdivision 2; 146A.025; 148E.240, subdivision 7; 148F.13, subdivision 12; 148F.205, subdivision 1; 153B.70; 214.103, subdivision 8; 214.104; 245.4871, by adding a subdivision; 245.4885, subdivision 1; 245.8261, subdivision 9; 245A.02, subdivision 2c; 245A.04, subdivisions 5, 9; 245A.06, subdivision 8; 245A.07, subdivision 5; 245A.08, subdivision 2a; 245A.085; 245A.11, subdivisions 2a, 7b; 245A.50, as amended; 245C.02, subdivision 5, by adding subdivisions; 245C.03, by adding a subdivision; 245C.04, subdivision 1, as amended, by adding a subdivision; 245C.05, subdivision 6; 245C.10, by adding subdivisions; 245C.14, by adding a subdivision; 245C.15, subdivision 4; 245C.16, subdivisions 1, 2; 245C.17, subdivisions 1, 3, by adding a subdivision; 245C.18; 245C.21, subdivision 2; 245C.24, subdivision 4; 245C.25; 245C.27, subdivisions 1, 2; 245C.28, subdivision 1; 245C.29, subdivision 1; 245C.31, subdivision 1; 245C.32, subdivision 2; 245D.02, subdivision 11, as amended, by adding a subdivision; 245D.04, subdivision 3; 245D.06, subdivisions 1, 2, 6; 245D.071, subdivision 3; 245D.081, subdivision 2; 245D.09, subdivisions 4, 4a; 245D.10, subdivision 3a; 245D.32, subdivision 5; 245F.02, subdivisions 7, 14; 245F.04, subdivision 1; 245F.06, subdivision 2; 245F.12, subdivisions 2, 3; 245F.15, subdivisions 3, 5; 245F.16, subdivisions 1, 2; 245F.18; 245G.02, subdivision 2; 245G.03, subdivision 1; 245G.09, subdivision 1; 245G.10, subdivision 3; 245G.11, subdivisions 3, 4; 245G.13, subdivision 2; 253B.02, subdivisions 4b, 7, 8, 9, 10, 13, 16, 17, 18, 19, 21, 22, 23, by adding a subdivision; 253B.03, subdivisions 1, 2, 3, 4a, 5, 6, 6b, 6d, as amended, 7, 10; 253B.04, subdivisions 1, 1a, 2; 253B.045, subdivisions 2, 3, 5, 6; 253B.06, subdivisions 1, 2, as amended, 3; 253B.07, subdivisions 1, 2, 2a, 2b, 2d, 3, 5, 7; 253B.08, subdivisions 1, 2a, 5, 5a; 253B.09, subdivisions 1, 2, 3a, 5; 253B.092; 253B.0921; 253B.095, subdivision 3; 253B.097, subdivisions 1, 2, 3, 6; 253B.10; 253B.12, subdivisions 1, 3, 4, 7; 253B.13, subdivision 1; 253B.14; 253B.141; 253B.15, subdivisions 1, 1a, 2, 3, 3a, 3b, 3c, 5, 7, 9, 10, by adding a subdivision; 253B.16; 253B.17; 253B.18, subdivisions 1, 2, 3, 4a, 4b, 4c, 5, 5a, 6, 7, 8, 10, 11, 12, 14, 15; 253B.19, subdivision 2; 253B.20, subdivisions 1, 2, 3, 4, 6; 253B.21, subdivisions 1, 2, 3; 253B.212, subdivisions 1, 1a, 1b, 2; 253B.22, subdivisions 1, 2, 3, 4; 253B.23, subdivisions 1, 1b, 2; 253B.24; 253D.02, subdivision 6; 253D.07, subdivision 2; 253D.10, subdivision 2; 253D.28, subdivision 2; 254A.09; 256.01, subdivisions 12, 15; 256.0112, subdivision 10; 256.041, subdivision 10; 256.045, subdivisions 3, 3b, 4; 256.82, subdivision 2; 256.87, subdivision 8; 256.975, subdivision 12; 256B.0621, subdivision 4; 256B.0625, subdivisions 5l, 33, 56a; 256B.0652, subdivision 10; 256B.0653, subdivisions 4, 5, 7; 256B.0654, subdivisions 1, as amended, 2a, as amended, 3, as amended, 4, as amended; 256B.0911, subdivision 1; 256B.092, subdivision 1a; 256B.0941, subdivisions 1, 3; 256B.0944, subdivision 1; 256B.0945, subdivision 1; 256B.0947, subdivisions 2, 4, 5, 6; 256B.0949, subdivisions 2, 5, 6, 9, 13, 14, 15, 16; 256B.0951, subdivision 5; 256B.0954; 256B.097, subdivisions 4, 6; 256B.49, subdivisions 16, 23; 256B.77, subdivision 17; 256B.85, subdivision 12a; 256D.02, subdivision 17; 256E.21, subdivision 5; 256E.35; 256F.10, subdivisions 1, 4; 256I.03, subdivisions 3, 14; 256I.05, subdivisions 1c, 1n, 8; 256I.06, subdivision 2, by adding a subdivision; 256J.08, subdivision 73a, as amended; 256L.07, subdivision 4; 256M.10, subdivision 2; 256M.40, subdivision 1; 256M.41, subdivision 1; 256N.02, subdivision 14a; 256N.21, subdivisions 2, 5; 256N.24, subdivision 4; 256P.01, by adding a subdivision; 257.0725; 257.0764; 257.70; 260.012; 260.761, subdivision 2; 260B.171, subdivision 6; 260C.007, subdivisions 3, 5, 6, 13, by adding subdivisions; 260C.150, subdivision 3; 260C.157, subdivision 3; 260C.171, subdivision 3; 260C.177; 260C.202; 260C.204; 260C.209, subdivision 2; 260C.212, subdivisions 1, 4a, 12, by adding a subdivision; 260C.219; 260C.221; 260C.227; 260C.4412; 260C.503, subdivision 2, by adding a subdivision; 260D.01; 260D.02, subdivisions 3, 5; 388.051,


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subdivision 2; 518.005, subdivision 5; 518.165, subdivisions 2, 5; 518A.53, subdivision 11; 518A.68; 518A.685; 524.5-118; 595.02, subdivisions 1, 2; 609.26, subdivision 7; 609.3457, subdivision 2; 609.379, subdivision 2; 609.507; 609.7495, subdivision 1; 611A.203, subdivision 4; 611A.90, subdivision 1; 626.557, subdivision 9d; Minnesota Statutes 2019 Supplement, sections 13.46, subdivisions 3, 4; 119B.011, subdivision 19; 122A.20, subdivision 2; 122A.40, subdivision 13; 122A.41, subdivision 6; 144A.4796, subdivision 2; 148B.593; 243.166, subdivision 7; 245.4889, subdivision 1; 245.735, subdivision 3; 245A.02, subdivision 18; 245A.03, subdivision 7; 245A.07, subdivision 3; 245A.145, subdivision 1; 245A.149; 245A.16, subdivision 1; 245A.40, subdivisions 1, 7; 245C.03, subdivision 1; 245C.05, subdivision 4; 245C.08, subdivision 1; 245C.13, subdivision 2; 245D.071, subdivision 5; 245D.09, subdivision 5; 245G.12; 245G.13, subdivision 1; 245H.11, as amended; 254A.03, subdivision 3, as amended; 254B.04, subdivision 1; 254B.05, subdivision 1; 256.01, subdivision 14b; 256B.056, subdivision 5c; 256B.0625, subdivision 5m; 256B.064, subdivision 2; 256B.0711, subdivision 1; 256B.0911, subdivisions 1a, 3a, 3f; 256B.092, subdivision 1b; 256B.49, subdivisions 13, 14; 256B.85, subdivision 10; 256I.04, subdivision 2b; 256S.01, subdivision 6; 256S.19, subdivision 4; 260B.198, subdivision 1; 260C.139, subdivision 3; 260C.178, subdivision 1; 260C.201, subdivision 6; 260C.212, subdivision 2; 299C.093; Laws 2016, chapter 189, article 15, section 29; Laws 2017, First Special Session chapter 6, article 7, section 33, subdivisions 2, 3; Laws 2019, First Special Session chapter 9, article 5, section 86; article 14, section 2, subdivision 33; proposing coding for new law in Minnesota Statutes, chapters 120A; 253B; 254A; 256B; 256K; 260; 260C; proposing coding for new law as Minnesota Statutes, chapter 260E; repealing Minnesota Statutes 2018, sections 245F.02, subdivision 20; 253B.02, subdivisions 6, 12a; 253B.05, subdivisions 1, 2, 2b, 3, 4; 253B.064; 253B.065; 253B.066; 253B.09, subdivision 3; 253B.12, subdivision 2; 253B.15, subdivision 11; 253B.20, subdivision 7; 626.556, subdivisions 1, 3, 3a, 3c, 3d, 3f, 4, 4a, 5, 6, 6a, 7, 7a, 8, 9, 10a, 10b, 10c, 10d, 10e, 10f, 10g, 10h, 10i, 10j, 10k, 10l, 10m, 10n, 11a, 11b, 11c, 11d, 12, 14, 15, 16; 626.5561; 626.5562; 626.558; 626.559, subdivisions 1, 1a, 1b, 2, 3, 5; 626.5591; 626.561; Minnesota Statutes 2019 Supplement, section 626.556, subdivisions 2, 3b, 3e, 10, 11; Laws 2005, First Special Session chapter 4, article 7, sections 50; 51; Laws 2012, chapter 247, article 4, section 47, as amended; Laws 2015, chapter 71, article 7, section 54, as amended; Laws 2017, First Special Session chapter 6, article 1, sections 44, as amended; 45, as amended.

 

Cal R. Ludeman, Secretary of the Senate

 

 

Madam Speaker:

 

I hereby announce the passage by the Senate of the following House File, herewith returned: 

 

H. F. No. 37, A bill for an act relating to environment; providing for certain solid waste management tax exemptions; requiring pilot accessibility projects on wildlife management areas; extending certain appropriations.

 

Cal R. Ludeman, Secretary of the Senate

 

 

Madam Speaker:

 

I hereby announce the passage by the Senate of the following House File, herewith returned: 

 

H. F. No. 65, A bill for an act relating to public safety; establishing fees for replacement license plates; amending design requirements for enhanced drivers' licenses and enhanced identification cards; amending Minnesota Statutes 2018, sections 168.012, subdivision 1c; 168.27, subdivision 16; 171.07, subdivisions 1, 3; Minnesota Statutes 2019 Supplement, section 168.12, subdivision 5.

 

Cal R. Ludeman, Secretary of the Senate


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Madam Speaker:

 

      I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:

 

      S. F. Nos. 15 and 45.

 

Cal R. Ludeman, Secretary of the Senate

 

 

FIRST READING OF SENATE BILLS

 

 

S. F. No. 15, A bill for an act relating to employment; making a technical change to an effective date allowing certain youth to operate amusement rides and lawn equipment; amending Laws 2020, chapter 98, sections 1; 3; 4; 5.

 

The bill was read for the first time and referred to the Committee on Labor.

 

 

S. F. No. 45, A bill for an act relating to state government; making temporary adjustments to gambling control laws in response to COVID-19; amending Minnesota Statutes 2018, section 349.19, by adding a subdivision.

 

The bill was read for the first time and referred to the Committee on Commerce.

 

 

MOTIONS AND RESOLUTIONS

 

 

      Mariani moved that the name of Hassan be added as an author on H. F. No. 1.  The motion prevailed.

 

      Mariani moved that the name of Hassan be added as an author on H. F. No. 2.  The motion prevailed.

 

      Mariani moved that the name of Hassan be added as an author on H. F. No. 3.  The motion prevailed.

 

      Moran moved that the name of Hassan be added as an author on H. F. No. 4.  The motion prevailed.

 

      Stephenson moved that the names of Wazlawik, Hassan and Robbins be added as authors on H. F. No. 5.  The motion prevailed.

 

      Mahoney moved that the name of Hassan be added as an author on H. F. No. 6.  The motion prevailed.

 

      Lippert moved that the name of Hassan be added as an author on H. F. No. 7.  The motion prevailed.

 

      Halverson moved that the name of Hassan be added as an author on H. F. No. 8.  The motion prevailed.

 

      Gomez moved that the name of Hassan be added as an author on H. F. No. 10.  The motion prevailed.

 

      Garofalo moved that the names of Scott and Robbins be added as authors on H. F. No. 14.  The motion prevailed.

 

      Youakim moved that the names of Wazlawik, Her and Gomez be added as authors on H. F. No. 33.  The motion prevailed.


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                Kunesh-Podein moved that the names of Her, Wazlawik, Lee and Gomez be added as authors on H. F. No. 36.  The motion prevailed.

 

      Hassan moved that the name of Freiberg be added as an author on H. F. No. 50.  The motion prevailed.

 

      Gomez moved that the name of Hornstein be added as an author on H. F. No. 79.  The motion prevailed.

 

      Gomez moved that the name of Hornstein be added as an author on H. F. No. 80.  The motion prevailed.

 

      Gomez moved that the name of Hornstein be added as an author on H. F. No. 81.  The motion prevailed.

 

      Hassan moved that the name of Hornstein be added as an author on H. F. No. 82.  The motion prevailed.

 

      Hassan moved that the name of Hornstein be added as an author on H. F. No. 83.  The motion prevailed.

 

      Dehn moved that the name of Hornstein be added as an author on H. F. No. 84.  The motion prevailed.

 

      Lee moved that the name of Hornstein be added as an author on H. F. No. 85.  The motion prevailed.

 

      Lee moved that the name of Hornstein be added as an author on H. F. No. 86.  The motion prevailed.

 

      Her moved that the name of Hornstein be added as an author on H. F. No. 87.  The motion prevailed.

 

      Winkler moved that the name of Hornstein be added as an author on H. F. No. 88.  The motion prevailed.

 

      Noor moved that the name of Hornstein be added as an author on H. F. No. 89.  The motion prevailed.

 

      Noor moved that the name of Hornstein be added as an author on H. F. No. 90.  The motion prevailed.

 

      Mariani moved that the name of Noor be added as an author on H. F. No. 91.  The motion prevailed.

 

      Mariani moved that the name of Noor be added as an author on H. F. No. 92.  The motion prevailed.

 

      Johnson moved that the name of Robbins be added as an author on H. F. No. 112.  The motion prevailed.

 

      Johnson moved that the name of Robbins be added as an author on H. F. No. 113.  The motion prevailed.

 

      Demuth moved that the name of Robbins be added as an author on H. F. No. 123.  The motion prevailed.

 

      Daudt moved that the names of Gruenhagen and Robbins be added as authors on H. F. No. 127.  The motion prevailed.

 

 

ADJOURNMENT

 

      Winkler moved that when the House adjourns today it adjourn until 12:00 noon, Wednesday, June 17, 2020.  The motion prevailed.

 

      Winkler moved that the House adjourn.  The motion prevailed, and the Speaker declared the House stands adjourned until 12:00 noon, Wednesday, June 17, 2020.

 

 

Patrick D. Murphy, Chief Clerk, House of Representatives


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