HF 55

as introduced - 91st Legislature, 2020 2nd Special Session (2020 - 2020) Posted on 07/13/2020 12:21pm

A bill for an act
relating to investigation of civil unrest; creating a commission to investigate and
determine facts surrounding government responses to the tragic events and civil
unrest of May and June 2020; appropriating money.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin CIVIL UNREST INVESTIGATORY COMMISSION.
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new text begin Subdivision 1. new text end

new text begin Purpose; finding of facts and time line of public responses. new text end

new text begin (a) The
legislature and governor of the state of Minnesota recognize that the civil unrest that occurred
in Minnesota in May and June of 2020 raises questions about the nature of orders given,
responses made, and actions taken by civil authorities. The Minnesota public lacks a
comprehensive and accurate timeline of events and the role played in those events by local
authorities, state military and police, appointed and elected officials, and all other responsible
parties whose duties commanded the public response to the unprecedented events that
tragically unfolded.
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new text begin (b) Civil authorities remain actively engaged at this moment in time to perform ongoing
duties and manage the ongoing public interests in responding to unrest, and to help affected
citizens.
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new text begin (c) However, the creation of an accurate timeline of civic responses is a crucial task that
must be completed to provide confidence to the Minnesota public regarding the capacity
of civil government in the current and future responses. Further, an investigation into
decisions and actions cannot be undertaken by persons currently in state or local government,
whose ongoing duties and past responsibilities render the persons too involved for
dispassionate analysis.
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new text begin (d) Therefore, a Civil Unrest Investigatory Commission is established to examine and
create a public record of all actions, choices, orders, and responses by all local governments,
police and military authorities, and elected officials who were crucial to the government's
response to the civil unrest that unfolded in May and June 2020.
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new text begin Subd. 2. new text end

new text begin Duties of commission. new text end

new text begin The commission must take public and private testimony,
hold public meetings, construct a timeline of official responses and actions, and issue a
public report with an accurate and dispassionate analysis of the responses of Minnesota
appointed and elected officials.
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new text begin Subd. 3. new text end

new text begin Cooperation. new text end

new text begin The commission must be given access to all records and
documents held by any government entity that are in any way associated with the civil unrest
of May and June 2020. Within legal and constitutional rights, all elected and appointed
officials must cooperate with requests made by the commission.
new text end

new text begin Subd. 4. new text end

new text begin Data. new text end

new text begin All materials and information held by or created by the commission must
be made public upon completion of the report required under this act.
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Sec. 2. new text begin COMMISSION STRUCTURE.
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new text begin (a) The chief justice of the Minnesota Supreme Court must appoint a panel of ten neutral
persons to constitute the Civil Unrest Investigatory Commission. Appointees must: (1) have
no current involvement with any political party; (2) have played no role in the events of
May and June 2020; and (3) have the highest personal probity and ability to command public
confidence. Members must be chosen for expertise in management of public crises and
knowledge of government responses to civil unrest.
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new text begin (b) The commission must be established by July 1, 2020. The chief justice must designate
one member of the panel to serve as chair.
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new text begin (c) The chief justice must determine the pay and expenses received by the panel. A
member's total pay, not including expenses, must not exceed $1,000.
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new text begin (d) The Office of the Legislative Auditor is appropriated on an open and standing basis
an amount of funds that are, in the determination of the chair of the commission, necessary
to meet the panel's expenses to conduct duties under this act.
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new text begin (e) The commission may issue subpoenas, take testimony under oath, and hire outside
investigators and counsel.
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new text begin (f) The legislative auditor must act as fiscal agent for the commission and must provide
administrative support to the commission.
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Sec. 3. new text begin DUTIES AND REPORT.
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new text begin (a) The Civil Unrest Investigatory Commission must:
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new text begin (1) conduct and record interviews of all elected and appointed officials who played a
role in the response to civil unrest as it occurred in May and June 2020;
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new text begin (2) establish a timeline of decisions taken and choices made by elected officials, including
the mayor of Saint Paul, the mayor of Minneapolis, and the governor;
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new text begin (3) conduct a review of the responses of police, national guard, and other responders;
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new text begin (4) create a timeline of events, with a detailed explanation of the choices made by public
officials; and
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new text begin (5) issue a report no later than December 15, 2020, with the commission's findings.
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new text begin (b) The commission may:
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new text begin (1) determine, if possible, whether actions taken were consistent with the duties of elected
and appointed officials; and
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new text begin (2) suggest best practices that should be considered for future responses in the event of
civil unrest.
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Sec. 4. new text begin EFFECTIVE DATE.
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new text begin This act is effective the day following final enactment.
new text end