Journal of the House - 3rd Day - Monday, July 20, 2020 - Top of Page 181

STATE OF MINNESOTA

 

Journal of the House

 

SECOND SPECIAL SESSION - 2020

 

_____________________

 

THIRD DAY

 

Saint Paul, Minnesota, Monday, July 20, 2020

 

 

      Pursuant to the Speaker of the House of Representatives, acting in accordance with Senate Concurrent Resolution No. 2, the House of Representatives convened at 10:00 a.m. and was called to order by Melissa Hortman, Speaker of the House.

 

      Prayer was offered by Rabbi Harold Kravitz, Adath Jeshurun Congregation, Minnetonka, 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

Gomez

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hassan

Hausman

Heinrich

Heintzeman

Her

Hertaus

Hornstein

Howard

Huot

Johnson

Jordan

Jurgens

Kiel

Klevorn

Koegel

Kotyza-Witthuhn

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Lippert

Lislegard

Long

Lucero

Lueck

Mahoney

Mann

Mariani

Marquart

Masin

McDonald

Mekeland

Miller

Moller

Moran

Morrison

Munson

Murphy

Nash

Nelson, M.

Nelson, N.

Neu

Noor

Nornes

Novotny

O'Driscoll

Olson

O'Neill

Pelowski

Persell

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.

 

      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.


Journal of the House - 3rd Day - Monday, July 20, 2020 - Top of Page 182

REPORTS OF CHIEF CLERK

 

      S. F. No. 2 and H. F. No. 35, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

      Liebling moved that S. F. No. 2 be substituted for H. F. No. 35 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 12 and H. F. No. 33, which had been referred to the Chief Clerk for comparison, were examined and found to be not identical.

 

      Cantrell moved that S. F. No. 12 be substituted for H. F. No. 33 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Mahoney from the Jobs and Economic Development Finance Division to which was referred:

 

H. F. No. 28, A bill for an act relating to economic development; providing for exceptions to certain economic development grant programs during a peacetime emergency; amending Minnesota Statutes 2018, sections 116J.8748, subdivision 3; 116J.994, subdivision 6.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.

 

 

Mahoney from the Jobs and Economic Development Finance Division to which was referred:

 

H. F. No. 36, A bill for an act relating to unemployment insurance; temporarily modifying eligibility for secondary students.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  TEMPORARY UNEMPLOYMENT INSURANCE ELIGIBILITY FOR SECONDARY STUDENTS.

 

(a) Notwithstanding Minnesota Statutes, section 268.085, subdivision 2, clause (3), an applicant who is 16 years of age or older on the date of application who establishes an unemployment insurance benefit account the week beginning Sunday, March 15, 2020, through the week ending Saturday, December 26, 2020, is eligible for unemployment benefits for any week that the applicant is a student in attendance at, doing distance learning through, or on vacation from a secondary school, including the period between academic years or terms, provided the applicant meets all other eligibility requirements under Minnesota Statutes, chapter 268.


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(b) This section expires December 31, 2020.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and applies retroactively from March 15, 2020."

 

 

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

 

      The report was adopted.

 

 

Mahoney from the Jobs and Economic Development Finance Division to which was referred:

 

H. F. No. 37, A bill for an act relating to economic development; creating the civil unrest immediate relief program; requiring reports; appropriating money.

 

Reported the same back with the recommendation that 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. 71, A bill for an act relating to notaries; authorizing use of video appearance for real estate document notarization during public health emergency.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  REAL ESTATE DOCUMENT NOTARIZATION; APPEARANCE BY VIDEO AUTHORIZED DURING PEACETIME PUBLIC HEALTH EMERGENCY.

 

(a) During and for 60 days after the expiration of a peacetime public health emergency, with respect to documents recorded pursuant to Minnesota Statutes, sections 507.24 and 507.27, the requirement to appear personally under Minnesota Statutes, section 358.56, is deemed met when the notarial officer and the individual making the statement or executing the signature, whether acting on behalf of themselves or in a representative capacity, are not in the same location but are physically located within the state of Minnesota and communicate via video conference in real time.  The notarial officer shall, either directly or through an agent, create an audio and visual recording of the performance of the notarization and retain such recording as a notarial record for a period not less than ten years.

 

(b) For purposes of this section, "peacetime public health emergency" means any peacetime emergency declared by the governor in an executive order that relates to the infectious disease known as COVID-19.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and expires January 6, 2021."

 

 

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

 

      The report was adopted.


Journal of the House - 3rd Day - Monday, July 20, 2020 - Top of Page 184

SECOND READING OF HOUSE BILLS

 

 

      H. F. No. 28 was read for the second time.

 

 

SECOND READING OF SENATE BILLS

 

 

      S. F. Nos. 2 and 12 were read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

Noor introduced:

 

H. F. No. 93, A bill for an act relating to relating to unemployment insurance; extending unemployment insurance benefits to certain school employees.

 

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

 

 

Poppe introduced:

 

H. F. No. 94, A bill for an act relating to education; establishing a short-call substitute teacher pilot program; requiring a report.

 

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

 

 

Persell introduced:

 

H. F. No. 95, A bill for an act relating to energy; establishing a program to provide financial incentives for the production of wood pellets; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 216B.

 

The bill was read for the first time and referred to the Energy and Climate Finance and Policy Division.

 

 

Erickson introduced:

 

H. F. No. 96, A bill for an act relating to education; modifying classroom placement and school attendance provisions; establishing an academic achievement rating system; codifying a teacher code of ethics in statute and repealing code of ethics in rule; modifying school meal policies; modifying teacher licensure provisions; restricting contracts with school employees; amending Minnesota Statutes 2018, sections 120A.36; 120A.38; 120B.11, subdivision 2; 121A.55; 122A.09, subdivision 2; 122A.181, subdivisions 1, 3, as amended, 4; 122A.182, subdivision 3, as amended; 122A.40, subdivision 3; 122A.41, by adding a subdivision; 124D.111; Minnesota Statutes 2019


Journal of the House - 3rd Day - Monday, July 20, 2020 - Top of Page 185

Supplement, sections 120B.36, subdivision 1; 122A.635, subdivisions 1, 2, as amended; Laws 2019, First Special Session chapter 11, article 3, section 23, subdivision 6, as amended; proposing coding for new law in Minnesota Statutes, chapters 120B; 122A; repealing Minnesota Statutes 2018, section 122A.09, subdivision 1; Minnesota Rules, part 8710.2100, subparts 1, 2.

 

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

 

 

Dehn introduced:

 

H. F. No. 97, A bill for an act relating to public safety; repealing crime of falsely reporting police misconduct; repealing Minnesota Statutes 2018, section 609.505, subdivision 2.

 

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

 

 

Dehn introduced:

 

H. F. No. 98, A bill for an act relating to public safety; regulating no-knock search warrants; amending Minnesota Statutes 2018, section 626.14.

 

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

 

 

Layman introduced:

 

H. F. No. 99, A bill for an act relating to public safety; establishing a 911 telecommunicator working group to establish statewide standards for training and certification; requiring a report.

 

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

 

 

REPORT FROM THE COMMITTEE ON RULES

AND LEGISLATIVE ADMINISTRATION

 

      Winkler from the Committee on Rules and Legislative Administration, pursuant to rule 1.21, designated the following bills to be placed on the Calendar for the Day for Monday, July 20, 2020:

 

      H. F. Nos. 1, 3 and 14.

 

 

      Franson was excused between the hours of 10:30 a.m. and 10:50 p.m.

 

 

MOTIONS AND RESOLUTIONS

 

 

      House Resolution No. 1 was reported to the House.


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HOUSE RESOLUTION No. 1

 

A House resolution declaring racism a public health crisis.

 

Whereas, race is a social construct with no biological basis; and

 

Whereas, racism is embedded in the foundation of America, beginning with chattel slavery in 1619; and

 

Whereas, much of the Black experience in America has been endured under slavery and Jim Crow, which created preferential opportunities for white people while subjecting people of color to hardships and disadvantages in every area of life; and

 

Whereas, public health disparities have persisted for over 400 years and there are long-standing, unaddressed disparities as well as systemic racism and other socioeconomic inequities; and

 

Whereas, the American Public Health Association defines racism as a social system with multiple dimensions:  individual racism is internalized or interpersonal, and systemic racism is institutional or structural.  Systemic racism is a system of structuring opportunity and assigning value based on the social interpretation of how one looks that unfairly disadvantages some individuals and communities, unfairly advantages other individuals and communities, and saps the strength of the whole society through the waste of human resources; and

 

Whereas, racism is complex and it is imperative to employ an intersectional lens and approach that considers the unique ways that racism intersects with disabilities, immigration, gender, documentation status, and LGBTQ+ communities; and

 

Whereas, racism causes persistent racial discrimination in housing, education, employment, and criminal justice; and

 

Whereas, the American Medical Association, the American Academy of Pediatrics, the American College of Obstetrics and Gynecologists, and the American Public Health Association recognize that racism is a social determinant of health that has a profound impact across the lifespan of an individual and that failure to address racism is an urgent public health issue that will exacerbate and perpetuate existing health inequities; and

 

Whereas, more than 100 studies have linked racism to worse health outcomes; and

 

Whereas, in Minnesota the highest excess death rates exist for Black and Indigenous communities, at every age demographic; and

 

Whereas, Minnesota must address persistent disparities in health outcomes and the social, economic, educational, and environmental inequities that contribute to them; and

 

Whereas, while there is no epidemiologic definition of crisis, the health impact of racism clearly rises to the definition proposed by Sandro Galea:  "The problem must affect large numbers of people, it must threaten health over the long-term, and must require the adoption of large-scale solutions"; and

 

Whereas, racism is a public health crisis affecting our entire state and a comprehensive and intersectional approach is necessary to address the crisis, Now, Therefore,

 

Be It Resolved by the House of Representatives of the State of Minnesota that it declares racism a public health crisis; and

 

Be It Further Resolved, based upon this affirmation, the Minnesota House of Representatives will actively participate in the dismantling of racism by:


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Collaborating with the state's law and justice agencies and the community to work to ensure public confidence that public safety is administered equitably;

 

Studying, evaluating, and conducting an assessment of the existing policies and practices of the Minnesota House of Representatives through an intersectional lens of racial equity, setting measurable goals to advance equity through these policies and practices;

 

Conducting an assessment related to all human resources, vendor selection, including reviewing internal processes and practices related to hiring, promotions, and leadership appointments;

 

Enhancing data-driven education efforts on understanding, addressing, and dismantling racism, and how racism affects public health, family stability, early childhood education, economic development, public safety, housing, and the delivery of human services;

 

Supporting local, regional, and federal initiatives that advance efforts to dismantle systemic racism, partnering with local organizations with a demonstrated track record of confronting racism, and meaningfully engaging with communities of color;

 

Convening a House Select Committee on Minnesota's response to addressing racism as a public health crisis to ensure House legislative efforts are analyzed through an intersectional race equity lens; and

 

Hereby encouraging the Governor and the Senate to also adopt resolutions affirming that racism is a public health crisis resulting in disparities in family stability, health and mental wellness, education, employment, economic development, public safety, criminal justice, and housing.

 

 

      Richardson moved that House Resolution No. 1 be now adopted. 

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Richardson motion and the roll was called.  There were 82 yeas and 40 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Bahner

Becker-Finn

Bernardy

Bierman

Boe

Brand

Cantrell

Carlson, A.

Carlson, L.

Christensen

Claflin

Considine

Davnie

Dehn

Demuth

Ecklund

Edelson

Elkins

Fischer

Freiberg

Gomez

Haley

Halverson

Hamilton

Hansen

Hassan

Hausman

Her

Hornstein

Howard

Huot

Jordan

Jurgens

Klevorn

Koegel

Kotyza-Witthuhn

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Lippert

Lislegard

Long

Mahoney

Mann

Mariani

Marquart

Masin

Moller

Moran

Morrison

Murphy

Nelson, M.

Noor

Olson

Pelowski

Persell

Pinto

Poppe

Pryor

Richardson

Sandell

Sandstede

Sauke

Schultz

Stephenson

Sundin

Tabke

Urdahl

Vang

Wagenius

Wazlawik

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 


Journal of the House - 3rd Day - Monday, July 20, 2020 - Top of Page 188

              Those who voted in the negative were:

 


Albright

Anderson

Backer

Bahr

Baker

Bennett

Daniels

Daudt

Davids

Dettmer

Drazkowski

Erickson

Fabian

Green

Grossell

Gunther

Heinrich

Heintzeman

Johnson

Kiel

Lucero

Lueck

McDonald

Mekeland

Miller

Munson

Nash

Nelson, N.

Neu

Nornes

Novotny

Petersburg

Poston

Robbins

Runbeck

Schomacker

Scott

Swedzinski

Torkelson

Vogel


 

 

      The motion prevailed and House Resolution No. 1 was adopted.

 

 

      Winkler moved that the House recess subject to the call of the Chair.  The motion prevailed.

 

 

RECESS

 

 

RECONVENED

 

      The House reconvened and was called to order by the Speaker.

 

 

      Erickson was excused for the remainder of today's session.

 

 

      There being no objection, the order of business reverted to Calendar for the Day.

 

 

CALENDAR FOR THE DAY

 

 

      H. F. No. 1 was reported to the House.

 

 

Mariani moved to amend H. F. No. 1 as follows:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2018, section 13.43, subdivision 9, is amended to read:

 

Subd. 9.  Peer counseling debriefing data.  (a) Data acquired by a peer group member in a support counselor when providing public safety peer counseling debriefing is private data on the person being debriefed are governed by section 181.9731.

 

(b) For purposes of this subdivision, "public safety peer counseling debriefing" means a group process oriented debriefing session held for peace officers, firefighters, medical emergency persons, dispatchers, or other persons involved with public safety emergency services, that is established by any government entity providing public safety emergency services and is designed to help a person who has suffered an occupation-related traumatic event begin the process of healing and effectively dealing with posttraumatic stress:


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(1) "peer support counselor" has the meaning given in section 181.9731, subdivision 1, paragraph (c); and

 

(2) "public safety peer counseling" has the meaning given in section 181.9731, subdivision 1, paragraph (d).

 

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

 

Sec. 2.  Minnesota Statutes 2018, section 13.43, is amended by adding a subdivision to read:

 

Subd. 9a.  Critical incident stress management data.  (a) Data acquired by a critical incident stress management team member when providing critical incident stress management services are governed by section 181.9732.

 

(b) For purposes of this subdivision:

 

(1) "critical incident stress management services" has the meaning given in section 181.9732, subdivision 1, paragraph (c); and

 

(2) "critical incident stress management team member" has the meaning given in section 181.9732, subdivision 1, paragraph (e).

 

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

 

Sec. 3.  [181.9731] PUBLIC SAFETY PEER COUNSELING.

 

Subdivision 1.  Definitions.  (a) For purposes of this section, the following terms have the meanings given.

 

(b) "Emergency service provider" includes a peace officer, correctional officer, probation officer, supervision agent, firefighter, rescue squad member, dispatcher, hospital or emergency medical clinic personnel, a person who provides emergency medical services for a Minnesota licensed ambulance service, forensic science professional, or other person involved with public safety emergency services, either paid or volunteer.

 

(c) "Peer support counselor" means an individual who is:

 

(1) specially trained to provide public safety peer counseling services in accordance with standards that are both (i) established by an accredited mental health organization or network, and (ii) recognized by the commissioner of public safety; and

 

(2) designated by the emergency service provider's agency to provide such services.

 

(d) "Public safety peer counseling" means one or more sessions, led by a peer support counselor, designed to help an emergency service provider who experienced an occupation-related trauma, illness, or stress develop skills and strategies to better understand, cope with, and process emotions and memories tied to the trauma, illness, or stress.  Public safety peer counseling includes group sessions led by a peer support counselor, one-to-one contact with a peer support counselor, and meetings with a peer support counselor to obtain referrals to appropriate mental health or community support services.

 

Subd. 2.  Peer support counselor; prohibition on being witness or party.  A peer support counselor may not provide public safety peer counseling to an emergency service provider if the emergency service provider is seeking public safety peer counseling to address a critical incident, as defined in section 181.9732, subdivision 1, paragraph (b), to which the peer support counselor is a witness.  A peer support counselor may refer the person to another peer support counselor or other appropriate mental health or community support service.


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Subd. 3.  Disclosure prohibited.  (a) Except as provided in subdivision 4, a peer support counselor or any person who receives public safety peer counseling shall not be required to disclose information to a third party that was obtained solely through the provision or receipt of public safety peer counseling.

 

(b) Government data on individuals receiving peer counseling are classified as private data on individuals, as defined by section 13.02, subdivision 12, but may be disclosed as provided in subdivision 4.

 

Subd. 4.  Exceptions.  The prohibition established under subdivision 3 does not apply if any of the following are true:

 

(1) the peer support counselor reasonably believes the disclosure is necessary to prevent harm to self by the person in receipt of public safety peer counseling or to prevent the person from harming another person, provided the disclosure is only for the purpose of preventing the person from harming self or others and limited to information necessary to prevent such harm;

 

(2) the person receiving public safety peer counseling discloses information that is required to be reported under the mandated reporting laws, including, but not limited to, the reporting of maltreatment of minors under section 626.556 and the reporting of maltreatment of vulnerable adults under section 626.557, provided the disclosure is only for the purpose of reporting maltreatment and limited to information necessary to make such a report;

 

(3) the person who received public safety peer counseling provides written consent authorizing disclosure of the information;

 

(4) the emergency service provider who received public safety peer counseling is deceased and the surviving spouse or administrator of the estate of the deceased emergency service provider gives written consent authorizing disclosure of the information; or

 

(5) the emergency service provider who received public safety peer counseling voluntarily testifies, in which case the peer support counselor may be compelled to testify on the same subject.

 

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

 

Sec. 4.  [181.9732] CRITICAL INCIDENT STRESS MANAGEMENT.

 

Subdivision 1.  Definitions.  (a) For purposes of this section, the following terms have the meanings given.

 

(b) "Critical incident" means an event that results in acute or cumulative psychological stress or trauma to an emergency service provider.  Critical incident includes but is not limited to any encounter which may result in the death of or serious injury to another person such as fatal motor vehicle accidents, child abuse investigations, death investigations, and large scale man-made or natural disasters.

 

(c) "Critical incident stress management services" means consultation, risk assessment, education, intervention, and other crisis intervention services provided by a critical incident stress management team or critical incident stress management team member to an emergency service provider affected by a critical incident.

 

(d) "Critical incident stress management team" means a group organized to provide critical incident stress management to emergency service providers and consists of critical incident stress management team members.  A critical incident stress management team may include members from any emergency service discipline, mental health professionals, and designated emergency service chaplains.

 

(e) "Critical incident stress management team member" means an individual who:


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(1) is trained to provide critical incident stress management services in accordance with standards that are both (i) established by a nationally recognized critical incident stress management organization or network, and (ii) recognized by the commissioner of public safety;

 

(2) was approved to function as a critical incident stress management team member prior to the time critical incident stress management services are provided; and

 

(3) is approved to function as a critical incident stress management team member at the time the critical incident stress management services are provided.

 

(f) "Emergency service provider" includes a peace officer, correctional officer, probation officer, supervision agent, firefighter, rescue squad member, dispatcher, hospital or emergency medical clinic personnel, a person who provides emergency medical services for a Minnesota licensed ambulance service, forensic science professional, or other person involved with public safety emergency services, either paid or volunteer.

 

Subd. 2.  Team members; prohibition on being witness or party.  A person who otherwise qualifies as a critical incident stress management team member may not be part of a critical incident stress management team providing services to an emergency service provider if the critical incident stress management team member is a witness to the critical incident for which the person is receiving services.

 

Subd. 3.  Disclosure prohibited.  (a) Except as provided in subdivision 4, a critical incident stress management team member or any person who receives critical incident stress management services shall not be required to disclose information to a third party that was obtained solely through the provision or receipt of critical incident stress management services.

 

(b) Government data on individuals receiving critical incident stress management services are classified as private data on individuals, as defined by section 13.02, subdivision 12, but may be disclosed as provided in subdivision 4.

 

Subd. 4.  Exceptions.  The prohibition established under subdivision 3 does not apply if any of the following are true:

 

(1) the critical incident stress management team member reasonably believes the disclosure is necessary to prevent harm to self by the person in receipt of critical incident stress management services or to prevent the person from harming another person, provided the disclosure is only for the purpose of preventing the person from harming self or others and limited to information necessary to prevent such harm;

 

(2) the person receiving critical incident stress management services discloses information that is required to be reported under the mandated reporting laws, including, but not limited to, the reporting of maltreatment of minors under section 626.556 and the reporting of maltreatment of vulnerable adults under section 626.557, provided the disclosure is only for the purpose of reporting maltreatment and limited to information necessary to make such a report;

 

(3) the person who received critical incident stress management services provides written consent authorizing disclosure of the information;

 

(4) the emergency service provider who received critical incident stress management services is deceased and the surviving spouse or administrator of the estate of the deceased emergency service provider gives written consent authorizing disclosure of the information; or

 

(5) the emergency service provider who received critical incident stress management services voluntarily testifies, in which case the critical incident stress management team member may be compelled to testify on the same subject.


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

 

Sec. 5.  [299C.80] INDEPENDENT USE OF FORCE INVESTIGATIONS UNIT.

 

Subdivision 1.  Definitions.  (a) As used in this section, the following terms have the meanings provided.

 

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

 

(c) "Officer-involved death" means the death of another 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.

 

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

 

(e) "Superintendent" means the superintendent of the Bureau of Criminal Apprehension.

 

(f) "Unit" means the independent Use of Force Investigations Unit.

 

Subd. 2.  Formation; special agent in charge; duty.  The superintendent shall form an independent Use of Force Investigations Unit within the Bureau of Criminal Apprehension to conduct officer-involved death investigations.  The superintendent, in consultation with the commissioner of public safety, shall select a special agent in charge of the unit.

 

Subd. 3.  Additional duty.  The unit shall investigate all criminal sexual conduct cases involving peace officers, including criminal sexual conduct cases involving chief law enforcement officers.  The unit may also investigate conflict of interest cases involving peace officers.

 

Subd. 4.  Staff; support.  The unit shall employ peace officers and staff to conduct investigations and the superintendent shall develop and implement policies and procedures to ensure no conflict of interest exists with agents assigned to investigate a particular incident.  The superintendent may permit bureau resources not directly assigned to this unit to be used to assist the unit in fulfilling the duties assigned in this section.

 

Subd. 5.  Conflicts.  When a peace officer employed by the Bureau of Criminal Apprehension is the subject of an officer-involved death investigation, the investigation shall be conducted by an investigatory agency selected by the county attorney in the jurisdiction where the alleged offense took place.

 

Subd. 6.  Reporting.  As provided for in chapter 13, the superintendent must make all inactive investigative data that are public under section 13.82, subdivision 7, or other applicable law available on the bureau's website within 30 days of the end of the last criminal appeal of a subject of an investigation.  By February 1 of each year, the superintendent shall report to the commissioner, the governor, and the chairs and ranking minority members of the legislative committees with jurisdiction over public safety finance and policy the following information about the unit:  the number of investigations initiated; the number of incidents investigated; the outcomes or current status of each investigation; the charging decisions made by the prosecuting authority of incidents investigated by the unit; the number of plea agreements reached in incidents investigated by the unit; and any other information relevant to the unit's mission.

 

Subd. 7.  Expiration.  The independent use of force investigations unit expires August 1, 2024.

 

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


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Sec. 6.  Minnesota Statutes 2018, section 415.16, is amended by adding a subdivision to read:

 

Subd. 1a.  Residency incentives for peace officers.  A statutory or home rule charter city or county may offer incentives to encourage a person hired as a peace officer, as defined in section 626.84, subdivision 1, paragraph (c), to be a resident of the city or county.

 

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

 

Sec. 7.  Minnesota Statutes 2018, section 609.06, subdivision 1, is amended to read:

 

Subdivision 1.  When authorized.  Except as otherwise provided in subdivision subdivisions 2 and 3, reasonable force may be used upon or toward the person of another without the other's consent when the following circumstances exist or the actor reasonably believes them to exist:

 

(1) when used by a public officer or one assisting a public officer under the public officer's direction:

 

(a) in effecting a lawful arrest; or

 

(b) in the execution of legal process; or

 

(c) in enforcing an order of the court; or

 

(d) in executing any other duty imposed upon the public officer by law; or

 

(2) when used by a person not a public officer in arresting another in the cases and in the manner provided by law and delivering the other to an officer competent to receive the other into custody; or

 

(3) when used by any person in resisting or aiding another to resist an offense against the person; or

 

(4) when used by any person in lawful possession of real or personal property, or by another assisting the person in lawful possession, in resisting a trespass upon or other unlawful interference with such property; or

 

(5) when used by any person to prevent the escape, or to retake following the escape, of a person lawfully held on a charge or conviction of a crime; or

 

(6) when used by a parent, guardian, teacher, or other lawful custodian of a child or pupil, in the exercise of lawful authority, to restrain or correct such child or pupil; or

 

(7) when used by a school employee or school bus driver, in the exercise of lawful authority, to restrain a child or pupil, or to prevent bodily harm or death to another; or

 

(8) when used by a common carrier in expelling a passenger who refuses to obey a lawful requirement for the conduct of passengers and reasonable care is exercised with regard to the passenger's personal safety; or

 

(9) when used to restrain a person with a mental illness or a person with a developmental disability from self‑injury or injury to another or when used by one with authority to do so to compel compliance with reasonable requirements for the person's control, conduct, or treatment; or

 

(10) when used by a public or private institution providing custody or treatment against one lawfully committed to it to compel compliance with reasonable requirements for the control, conduct, or treatment of the committed person.

 

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


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Sec. 8.  Minnesota Statutes 2018, section 609.06, is amended by adding a subdivision to read:

 

Subd. 3.  Limitations on the use of certain restraints.  (a) A peace officer may not use any of the following restraints unless section 609.066 authorizes the use of deadly force to protect the peace officer or another from death or great bodily harm:

 

(1) a choke hold;

 

(2) tying all of a person's limbs together behind the person's back to render the person immobile; or

 

(3) securing a person in any way that results in transporting the person face down in a vehicle.

 

(b) For the purposes of this subdivision, "choke hold" means a method by which a person applies sufficient pressure to a person to make breathing difficult or impossible, and includes but is not limited to any pressure to the neck, throat, or windpipe that may prevent or hinder breathing, or reduce intake of air.  Choke hold also means applying pressure to a person's neck on either side of the windpipe, but not to the windpipe itself, to stop the flow of blood to the brain via the carotid arteries.

 

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

 

Sec. 9.  [626.5534] USE OF FORCE REPORTING.

 

Subdivision 1.  Report required.  A chief law enforcement officer must provide the information requested by the Federal Bureau of Investigation about each incident of law enforcement use of force resulting in serious bodily injury or death, as those terms are defined in the Federal Bureau of Investigation's reporting requirements, to the superintendent of the Bureau of Criminal Apprehension.  The superintendent shall adopt a reporting form for use by law enforcement agencies in making the report required under this section.  The report must include for each incident all of the information requested by the Federal Bureau of Investigation.

 

Subd. 2.  Use of information collected.  A chief law enforcement officer must file the report under subdivision 1 once a month in the form required by the superintendent.  The superintendent must summarize and analyze the information received and submit an annual written report to the chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over public safety.  The superintendent shall submit the information to the Federal Bureau of Investigation.

 

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

 

Sec. 10.  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 17 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;


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(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.

 

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.

 

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

 

Sec. 11.  Minnesota Statutes 2018, section 626.843, is amended by adding a subdivision to read:

 

Subd. 1b.  Rules governing complaints.  If the board adopts rules to establish a subcommittee to investigate licensure actions, the subcommittee must have: 

 

(1) one voting board member appointed from the general public; and

 

(2) three voting board members who are current or former peace officers.

 

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

 

Sec. 12.  [626.8434] WARRIOR-STYLE TRAINING PROHIBITED.

 

Subdivision 1.  Definition.  For purposes of this section, "warrior-style training" means training for peace officers that dehumanizes people or encourages aggressive conduct by peace officers during encounters with others in a manner that deemphasizes the value of human life or constitutional rights, the result of which increases a peace officer's likelihood or willingness to use deadly force.

 

Subd. 2.  No continuing education credits or tuition reimbursement.  (a) The board may not certify a continuing education course that includes warrior-style training.

 

(b) The board may not grant continuing education credit to a peace officer for a course that includes warrior‑style training.

 

(c) The board may not reimburse a law enforcement agency or a peace officer for a course that includes warrior‑style training.

 

Subd. 3.  Training prohibited.  A law enforcement agency may not provide warrior-style training, directly or through a third party, to a peace officer.

 

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

 

Sec. 13.  [626.8435] ENSURING POLICE EXCELLENCE AND IMPROVING COMMUNITY RELATIONS ADVISORY COUNCIL.

 

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


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(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) six 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) one member shall be a mental health advocate and shall be appointed by the Minnesota chapter of the National Alliance on Mental Illness; and

 

(iii) one member shall be an advocate for victims and shall be appointed by Violence Free Minnesota; and

 

(7) four members appointed by the legislature, of which one shall be appointed by the speaker of the house, one by the house minority leader, one by the senate majority leader, and one by the senate minority leader. 

 

The appointing authorities shall make their appointments by September 15, 2020, and shall ensure geographical balance when making appointments.

 

Subd. 2.  Purpose and duties.  (a) The purpose of the council is to assist the board in maintaining policies and regulating peace officers in a manner that ensures the protection of civil and human rights.  The council shall provide for citizen involvement in policing policies, regulations, and supervision.  The council shall advance policies and reforms that promote positive interactions between peace officers and the community.

 

(b) The board chair must place the council's recommendations to the board on the board's agenda within four months of receiving a recommendation from the council.

 

Subd. 3.  Organization.  The council shall be organized and administered under section 15.059, except that the council does not expire.  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 executive director of the board shall serve as the council's executive secretary.

 

Subd. 4.  Meetings.  The council must meet at least quarterly.  Meetings of the council are governed by chapter 13D.  The executive director of the Peace Officer Standards and Training Board shall convene the council's first meeting, which must occur by September 1, 2020.

 

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

 

Subd. 6.  Reports.  The council shall submit a report by February 15 of each year to the chairs and ranking minority members of the senate and house of representatives committees and divisions having jurisdiction over criminal justice policy and the board.  At a minimum, the report shall include:


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(1) all recommendations presented to the board and how the board acted on those recommendations;

 

(2) recommendations for statutory reform or legislative initiatives intended to promote police-community relations; and

 

(3) updates on the council's review and determinations.

 

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

 

Sec. 14.  Minnesota Statutes 2018, section 626.845, is amended by adding a subdivision to read:

 

Subd. 3.  Peace officer data.  The board, in consultation with the Minnesota Chiefs of Police Association, Minnesota Sheriff's Association, and Minnesota Police and Peace Officers Association, shall create a central repository for peace officer data designated as public data under chapter 13.  The database shall be designed to receive, in real time, the public data required to be submitted to the board by law enforcement agencies in section 626.8457, subdivision 3, paragraph (b).  To assure the anonymity of individuals, the database must use encrypted data to track information transmitted on individual peace officers.

 

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

 

Sec. 15.  Minnesota Statutes 2018, section 626.8452, is amended by adding a subdivision to read:

 

Subd. 1a.  Updated policy required.  (a) By September 1, 2020, the board, in consultation with interested parties, shall adopt an updated comprehensive written model policy on the use of force, including deadly force, by peace officers, and distribute this policy to the chief law enforcement officer of every law enforcement agency in the state.  The model policy must recognize and respect the sanctity and value of all human life and the need to treat everyone with dignity and without prejudice.  At a minimum, the policy must include:

 

(1) a duty for peace officers to intercede when present and observing another peace officer using force that is clearly beyond what is objectively reasonable under the law and the particular circumstances of the case, and in a position to do so;

 

(2) a duty for peace officers to report any illegal use of force by another peace officer to the officer's chief law enforcement officer; and

 

(3) a duty for peace officers to only use deadly force including techniques that are restricted by section 609.06, subdivision 3, as authorized in section 609.066.  However, even in those circumstances, the policy must require that less lethal measures be considered first by the officer.

 

(b) The board shall incorporate all applicable standards in sections 609.06, subdivision 3, and 609.066, even if a standard has a delayed effective date.  The revised model policy shall clearly identify the effective date of provisions with an effective date beyond September 1, 2020.

 

(c) By December 15, 2020, the chief law enforcement officer of every state and local law enforcement agency must update the policy required under subdivision 1 so that it is identical or substantially similar to the model policy developed by the board under subdivision 1a.  The board must assist the chief law enforcement officer of each state and local law enforcement agency in developing and implementing policies under this subdivision.

 

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


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Sec. 16.  Minnesota Statutes 2018, section 626.8452, subdivision 4, is amended to read:

 

Subd. 4.  Record keeping required.  The head of every local and state law enforcement agency shall maintain written records of the agency's compliance with the requirements of subdivisions 1a, 2, and 3.

 

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

 

Sec. 17.  Minnesota Statutes 2018, section 626.8452, subdivision 5, is amended to read:

 

Subd. 5.  Licensing sanctions; injunctive relief.  The board has authority to inspect state and local law enforcement agency policies to ensure compliance with this section.  The board may conduct this inspection based upon a complaint it receives about a particular agency or through a random selection process.  The board may impose licensing sanctions and seek injunctive relief under section 214.11 for failure to comply with the requirements of this section.

 

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

 

Sec. 18.  Minnesota Statutes 2018, section 626.8457, subdivision 3, is amended to read:

 

Subd. 3.  Report on alleged misconduct; database; report.  (a) A chief law enforcement officer shall report annually to the board summary data regarding the investigation and disposition of cases involving alleged misconduct, indicating the total number of investigations, the total number by each subject matter, the number dismissed as unfounded, and the number dismissed on grounds that the allegation was unsubstantiated.

 

(b) Beginning January 15, 2021, a chief law enforcement officer, in real time, must submit individual peace officer data classified as public and submitted using encrypted data that the board determines is necessary to:

 

(1) evaluate the effectiveness of statutorily required training;

 

(2) assist the Ensuring Police Excellence and Improving Community Relations Advisory Council in accomplishing the council's duties; and

 

(3) allow for the board, the Ensuring Police Excellence and Improving Community Relations Advisory Council, and the board's complaint investigation committee to identify patterns of behavior that suggest an officer is in crisis or is likely to violate a board-mandated model policy. 

 

(c) The reporting obligation in paragraph (b) is ongoing.  A chief law enforcement officer must update data within 30 days of final disposition of a complaint or investigation. 

 

(d) Law enforcement agencies and political subdivisions are prohibited from entering into a confidentiality agreement that would prevent disclosure of the data identified in paragraph (b) to the board.  Any such confidentiality agreement is void as to the requirements of this section. 

 

(e) By February 1 of each year, the board shall prepare a report that contains summary data provided under paragraph (b).  The board must post the report on its publicly accessible website and provide a copy to the chairs and ranking minority members of the senate and house of representatives committees and divisions having jurisdiction over criminal justice policy.

 

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


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Sec. 19.  Minnesota Statutes 2018, section 626.8469, is amended to read:

 

626.8469 TRAINING IN CRISIS RESPONSE, CONFLICT MANAGEMENT, AND CULTURAL DIVERSITY.

 

Subdivision 1.  In-service training required.  Beginning July 1, 2018, the chief law enforcement officer of every state and local law enforcement agency shall provide in-service training in crisis intervention and mental illness crises; conflict management and mediation; ensuring safer interactions between peace officers and persons with autism; and recognizing and valuing community diversity and cultural differences to include implicit bias training to every peace officer and part-time peace officer employed by the agency.  The training shall comply with learning objectives developed and approved by the board and, shall meet board requirements for board-approved continuing education credit, and shall be provided by an approved entity.  The board shall create a list of approved entities and training courses and make the list available to the chief law enforcement officer of every state and local law enforcement agency.  Crisis intervention and mental illness crisis training shall meet the standards in subdivision 1a.  The training shall consist of at least 16 continuing education credits with a minimum of six hours for crisis intervention and mental illness crisis training and four hours to ensure safer interactions between peace officers and persons with autism within an officer's three-year licensing cycle.  Each peace officer with a license renewal date after June 30, 2018, is not required to complete this training until the officer's next full three-year licensing cycle.

 

Subd. 1a.  Crisis intervention and mental illness crisis training.  (a) The board, in consultation with the commissioner of human services and mental health stakeholders, shall create a list of approved entities and training courses to instruct peace officers in techniques for responding to a mental illness crisis.  A course must include scenario-based instruction and cover most of the following issues:

 

(1) techniques for relating to individuals with mental illnesses and the individuals' families;

 

(2) techniques for crisis de-escalation;

 

(3) techniques for relating to diverse communities and education on mental illness diversity;

 

(4) mental illnesses and the criminal justice system;

 

(5) community resources and supports for individuals experiencing a mental illness crisis and for the individuals' families;

 

(6) psychotropic medications and the medications' side effects;

 

(7) co-occurring mental illnesses and substance use disorders;

 

(8) suicide prevention; and

 

(9) mental illnesses and disorders and the symptoms.

 

(b) A course must also include training on children and families of individuals with mental illnesses to enable officers to respond appropriately to others who are present during a mental illness crisis.  The board shall update the list of approved entities and training courses periodically as it considers appropriate.

 

Subd. 2.  Record keeping required.  The head of every local and state law enforcement agency shall maintain written records of the agency's compliance with the requirements of subdivision 1. subdivisions 1 and 1a including, at a minimum:

 

(1) documentation of the training provider;


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(2) documentation of the content of the training provided;

 

(3) documentation that crisis intervention and mental illness crisis training included scenario-based instruction in compliance with the standards described in subdivision 1a;

 

(4) compiled evaluations; and

 

(5) explanation of expenditure of funds.

 

The documentation is subject to periodic review by the board, and shall be made available submitted to the board at its request.  The board shall include in the compliance reviews required in section 626.8459 an evaluation of the effectiveness of in-service training provided under this section in reducing officer use of force and diverting people experiencing a mental illness crisis from arrest.

 

Subd. 3.  Licensing sanctions; injunctive relief.  The board may impose licensing sanctions and seek injunctive relief under section 214.11 for failure to comply with the requirements of this section.

 

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

 

Sec. 20.  [626.8474] AUTISM TRAINING.

 

Subdivision 1.  Learning objectives required.  (a) By January 1, 2021, the board shall prepare learning objectives for preservice and in-service training on ensuring safer interactions between peace officers and persons with autism.  At a minimum, the objectives must address the following:

 

(1) autism overview and behavioral understanding;

 

(2) best practices for interventions and de-escalation strategies;

 

(3) prevention and crisis reduction models; and

 

(4) objective review of tools and technology available.

 

(b) In developing the learning objectives, the board shall consult with, at a minimum:

 

(1) individuals with autism;

 

(2) family members of individuals with autism;

 

(3) autism experts; and

 

(4) peace officers.

 

Subd. 2.  Preservice training required.  (a) The learning objectives developed pursuant to subdivision 1 must be included in the required curriculum of professional peace officer educational programs.

 

(b) A person is not eligible to take the peace officer licensing examination after July 1, 2021, unless the individual has received the training described in paragraph (a).

 

Subd. 3.  In-service training required.  Beginning July 1, 2021, the chief law enforcement officer of every state and local law enforcement agency shall provide in-service autism training to every peace officer and part-time peace officer employed by the agency.  The training must comply with the learning objectives developed and approved by


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the board and must meet board requirements for board-approved continuing education credit.  The training must consist of at least four continuing education credits of the credits required under section 626.8469 within an officer's three-year licensing cycle.  Each peace officer with a license renewal date after June 30, 2021, is not required to complete this training until the officer's next full three-year licensing cycle.

 

Subd. 4.  Record keeping required.  The head of every local and state law enforcement agency shall maintain written records of the agency's compliance with the requirements of subdivision 3.  The documentation is subject to periodic review by the board, and must be made available to the board at its request.

 

Subd. 5.  Licensing sanctions; injunctive relief.  The board may impose licensing sanctions and seek injunctive relief under section 214.11 for failure to comply with the requirements of this section.

 

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

 

Sec. 21.  [626.8475] DUTY TO INTERCEDE AND REPORT.

 

(a) Regardless of tenure or rank, a peace officer must intercede when:

 

(1) present and observing another peace officer using force in violation of section 609.066, subdivision 2, or otherwise beyond that which is objectively reasonable under the circumstances; and

 

(2) physically or verbally able to do so.

 

(b) A peace officer who observes another employee or peace officer use force that exceeds the degree of force permitted by law has the duty to report the incident in writing within 24 hours to the chief law enforcement officer of the agency that employs the reporting peace officer.

 

(c) A peace officer who breaches a duty established in this subdivision is subject to discipline by the board under Minnesota Rules, part 6700.1600.

 

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

 

Sec. 22.  [626.892] PEACE OFFICER GRIEVANCE ARBITRATION SELECTION PROCEDURE.

 

Subdivision 1.  Definitions.  (a) For the purposes of this section, the terms defined in this section have the meanings given them.

 

(b) "Commissioner" means the commissioner of the Bureau of Mediation Services.

 

(c) "Employer" means a political subdivision or law enforcement agency employing a peace officer.

 

(d) "Grievance" means a dispute or disagreement regarding any written disciplinary action, discharge, or termination decision of a peace officer arising under a collective bargaining agreement covering peace officers.

 

(e) "Grievance arbitration" means binding arbitration of a grievance under the grievance procedure in a collective bargaining agreement covering peace officers, as required by this section or sections 179A.04, 179A.20, and 179A.21, subdivision 3, to the extent those sections are consistent with this section. 

 

(f) "Grievance procedure" has the meaning given in section 179A.20, subdivision 4, except as otherwise provided in this section or to the extent inconsistent with this section.


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(g) "Peace officer" means a licensed peace officer or part-time peace officer subject to licensure under sections 626.84 to 626.863.

 

Subd. 2.  Applicability.  (a) Notwithstanding any contrary provision of law, home rule charter, ordinance, or resolution, the arbitrator selection procedure established under this section shall apply to all peace officer grievance arbitrations for written disciplinary action, discharge, or termination heard on or after the effective date.

 

(b) The grievance procedure for all collective bargaining agreements covering peace officers negotiated on or after the day following final enactment must include the arbitrator selection procedure established in this section.

 

(c) This section does not authorize arbitrators appointed under this section to hear arbitrations of public employees who are not peace officers.

 

Subd. 3.  Fees.  All fees charged by arbitrators under this section shall be in accordance with a schedule of fees established by the commissioner on an annual basis.

 

Subd. 4.  Roster of arbitrators.  The commissioner, in consultation with community and law enforcement stakeholders, shall appoint a roster of six persons suited and qualified by training and experience to act as arbitrators for peace officer grievance arbitrations under this section.  In making these appointments, and as applicable, the commissioner may consider the factors set forth in Minnesota Rules, parts 5530.0600 and 5530.0700, subpart 6, as well as a candidate's experience and training in cultural competency, racism, implicit bias, and recognizing and valuing community diversity and cultural differences.  The appointments are effective immediately upon filing with the secretary of state.  Arbitrators on the roster created by this subdivision shall not serve as an arbitrator in a labor arbitration other than a grievance arbitration as defined in this section.

 

Subd. 5.  Applications.  The secretary of state shall solicit and accept applications in the same manner as for open appointments under section 15.0597.

 

Subd. 6.  Terms.  (a) Initial appointments to the roster of arbitrators shall be made as follows:

 

(1) two appointments to expire on the first Monday in January 2023;

 

(2) two appointments to expire on the first Monday in January 2024; and

 

(3) two appointments to expire on the first Monday in January 2025.

 

(b) Subsequent appointments to the roster of arbitrators shall be for three-year terms to expire on the first Monday in January, with the terms of no more than two arbitrators to expire in the same year.

 

(c) An arbitrator may be re-appointed to the roster upon expiration of the arbitrator's term.  If the arbitrator is not re-appointed, the arbitrator may continue to serve until a successor is appointed, but in no case later than July 1 of the year in which the arbitrator's term expires.

 

Subd. 7.  Applicability of Minnesota Rules, chapter 5530.  To the extent consistent with this section, the following provisions of Minnesota Rules apply to arbitrators on the roster of arbitrators established under this section:

 

(1) Minnesota Rules, part 5530.0500 (status of arbitrators);

 

(2) Minnesota Rules, part 5530.0800 (arbitrator conduct and standards); and

 

(3) Minnesota Rules, part 5530.1000 (arbitration proceedings).


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Subd. 8.  Performance measures.  To the extent applicable, the commissioner shall track the performance measures set forth in Minnesota Rules, part 5530.1200.

 

Subd. 9.  Removal; vacancies.  An arbitrator appointed to the roster of arbitrators may be removed from the roster only by the commissioner in accordance with the procedures set forth in Minnesota Rules, part 5530.1300.  A vacancy on the roster caused by a removal, a resignation, or another reason shall be filled by the commissioner as necessary to fill the remainder of the arbitrator's term.  A vacancy on the roster occurring with less than six months remaining in the arbitrator's term shall be filled for the existing term and the following three-year term.

 

Subd. 10.  Training.  (a) A person appointed to the arbitrator roster under this section must complete training as required by the commissioner during the person's appointment.  At a minimum, an initial training must include:

 

(1) at least six hours on the topics of cultural competency, racism, implicit bias, and recognizing and valuing community diversity and cultural differences; and

 

(2) at least six hours on topics related to the daily experience of peace officers, which may include ride-alongs with on-duty officers or other activities that provide exposure to the environments, choices, and judgments required of officers in the field.

 

The commissioner may adopt rules establishing training requirements consistent with this subdivision.

 

(b) An arbitrator appointed to the roster of arbitrators in 2020 must complete the required initial training by July 1, 2021.  An arbitrator appointed to the roster of arbitrators after 2020 must complete the required initial training within six months of the arbitrator's appointment.

 

(c) All costs associated with the required training must be borne by the arbitrator.

 

Subd. 11.  Selection of arbitrators.  The commissioner shall assign or appoint an arbitrator or panel of arbitrators from the roster to a peace officer grievance arbitration under this section on rotation through the roster alphabetically ordered by last name.  The parties shall not participate in, negotiate for, or agree to the selection of an arbitrator or arbitration panel under this section.  The arbitrator or panel shall decide the grievance, and the decision is binding subject to the provisions of chapter 572B.

 

Subd. 12.  Interaction with other laws.  (a) Sections 179A.21, subdivision 2, and 572B.11, paragraph (a), and rules for arbitrator selection promulgated pursuant to section 179A.04 shall not apply to discipline-related grievance arbitrations involving peace officers governed under this section.

 

(b) Notwithstanding any contrary provision of law, home rule charter, ordinance, or resolution, peace officers, through their certified exclusive representatives, shall not have the right to negotiate for or agree to a collective bargaining agreement or a grievance arbitration selection procedure with their employers that is inconsistent with this section.

 

(c) The arbitrator selection procedure for peace officer grievance arbitrations established under this section supersedes any inconsistent provisions in chapter 179A or 572B or in Minnesota Rules, chapters 5500 to 5530 and 7315 to 7325.  Other arbitration requirements in those chapters remain in full force and effect for peace officer grievance arbitrations, except as provided in this section or to the extent inconsistent with this section.

 

EFFECTIVE DATE.  This section is effective September 1, 2020, except that subdivision 2, paragraph (b), is effective the day following final enactment.


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Sec. 23.  Laws 2019, First Special Session chapter 5, article 1, section 13, subdivision 4, is amended to read:

 

Subd. 4.  Peace Officer Training Assistance

 

 

 

 

 

$6,000,000 each year is to support and strengthen law enforcement training and implement best practices.  The base for this activity is $0 in fiscal year 2022 2024 and thereafter.

 

Sec. 24.  APPROPRIATION; BUREAU OF MEDIATION SERVICES.

 

$120,000 in fiscal year 2021 is appropriated from the general fund to the Bureau of Mediation Services for rulemaking, staffing, and other costs associated with peace officer grievance procedures.  The base for this appropriation is $47,000 in fiscal year 2022 and thereafter.

 

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

 

Sec. 25.  APPROPRIATION FOR INDEPENDENT USE OF FORCE INVESTIGATIONS UNIT IN BCA.

 

$3,365,000 in fiscal year 2021 is appropriated from the general fund to the commissioner of public safety to establish and operate the independent Use of Force Investigations Unit in the Bureau of Criminal Apprehension.  The base for this appropriation is $3,272,000 in fiscal years 2022 and 2023.  The base for this appropriation is $0 in fiscal year 2024.

 

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

 

Sec. 26.  APPROPRIATION; AUTISM TRAINING.

 

$8,000 is appropriated from the general fund to the Bureau of Criminal Apprehension for the fiscal year ending June 30, 2021, to implement autism training.

 

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

 

Sec. 27.  APPROPRIATION; DATABASE.

 

$1,500,000 in fiscal year 2021 is appropriated from the general fund to the Peace Officer Standards and Training Board to design, build, implement, and operate a database to receive the public data required to be submitted to the board by law enforcement agencies in Minnesota Statutes, section 626.8457, subdivision 3, paragraph (b).  The base for this activity is $1,500,000 in fiscal years 2022 and 2023 and $0 in fiscal year 2024 and thereafter.

 

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

 

Sec. 28.  REPEALER.

 

Minnesota Statutes 2018, section 181.973, is repealed.

 

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


Journal of the House - 3rd Day - Monday, July 20, 2020 - Top of Page 205

Delete the title and insert:

 

"A bill for an act relating to public safety; providing for law enforcement; providing peer counseling, critical incident stress management, residency incentives, crisis intervention and mental illness crisis training, autism training, and duty to intercede and report for peace officers; providing for reporting of force; expanding membership of the Board of Peace Officer Standards and Training; prohibiting warrior-style training; providing for a community relations advisory council; providing for certain peace officer data; providing for peace officer grievance arbitration selection procedure; providing for reports; appropriating money; amending Minnesota Statutes 2018, sections 13.43, subdivision 9, by adding a subdivision; 415.16, by adding a subdivision; 609.06, subdivision 1, by adding a subdivision; 626.841; 626.843, by adding a subdivision; 626.845, by adding a subdivision; 626.8452, subdivisions 4, 5, by adding a subdivision; 626.8457, subdivision 3; 626.8469; Laws 2019, First Special Session chapter 5, article 1, section 13, subdivision 4; proposing coding for new law in Minnesota Statutes, chapters 181; 299C; 626; repealing Minnesota Statutes 2018, section 181.973."

 

 

Moller moved to amend the Mariani amendment to H. F. No. 1 as follows:

 

Page 6, line 31, after "data" insert "for officer-involved death investigations"

 

 

      The motion prevailed and the amendment to the amendment was adopted.

 

 

Kunesh-Podein moved to amend the Mariani amendment, as amended, to H. F. No. 1 as follows:

 

Page 22, after line 13, insert:

 

"Sec. 23.  Laws 2019, First Special Session chapter 5, article 1, section 12, subdivision 7, is amended to read:

 

Subd. 7.  Office of Justice Programs

 

 40,147,000

 

 40,082,000

 

Appropriations by Fund

 

General

 40,051,000

 39,986,000

State Government Special Revenue

96,000

96,000

 

(a) Base Adjustment

 

To account for the base adjustments provided in Laws 2018, chapter 211, article 21, section 1, paragraph (a), the general fund base is increased by $2,000 in fiscal years 2022 and 2023.

 

(b) Administration Costs

 

 

 

 

 

Up to 2.5 percent of the grant funds appropriated in this subdivision may be used by the commissioner to administer the grant program.


Journal of the House - 3rd Day - Monday, July 20, 2020 - Top of Page 206

(c) Indigenous Women Task Force

 

 

 

 

 

$105,000 the first year and $45,000 the second year are for expenses related to the task force on missing and murdered indigenous women.  This appropriation is available until June 30, 2021.  These are onetime appropriations.

 

(d) Domestic Abuse Prevention Grants

 

$200,000 each year is for a grant to a domestic abuse prevention program that provides interdisciplinary, trauma-informed treatment and evidence-informed intervention for veterans and current or former service members and their whole families affected by domestic violence.  The grantee must offer a combination of services for perpetrators of domestic violence and their families, including individual and group therapy, evaluation and research of programming, and short- and long-term case management services to ensure stabilization and increase in their overall mental health functioning and well-being.  These appropriations are onetime.

 

(e) Criminal Sexual Conduct Statutory Reform Working Group

 

$20,000 the first year and $14,000 the second year are to convene, administer, and implement the criminal sexual conduct statutory reform working group.  These appropriations are onetime.

 

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

 

Page 22, after line 21, insert:

 

"Sec. 24.  Laws 2019, First Special Session chapter 5, article 2, section 28, subdivision 4, is amended to read:

 

Subd. 4.  Report.  The task force shall report to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over public safety, human services, and state government on the work of the task force, including but not limited to the issues to be examined in subdivision 1, and shall include in the report institutional policies and practices or proposed institutional policies and practices that are effective in reducing gender violence and increasing the safety of indigenous women and girls.  The report shall include recommendations to reduce and end violence against indigenous women and girls and help victims and communities heal from gender violence and violence against indigenous women and girls.  The A report shall be submitted to the legislative committees by December 15, 2020, and a final report shall be submitted by June 30, 2021.

 

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

 

Sec. 25.  Laws 2019, First Special Session chapter 5, article 2, section 28, subdivision 5, is amended to read:

 

Subd. 5.  Expiration.  Notwithstanding Minnesota Statutes, section 15.059, the task force expires December 31, 2020 June 30, 2021.

 

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


Journal of the House - 3rd Day - Monday, July 20, 2020 - Top of Page 207

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment to the amendment, as amended, was adopted.

 

 

Mariani moved to amend the Mariani amendment, as amended, to H. F. No. 1 as follows:

 

Page 23, line 9, delete "$1,500,000" and insert "$3,500,000"

 

Page 23, line 13, delete "$1,500,000" and insert "$500,000" and delete "years" and insert "year" and delete "and 2023 and $0 in fiscal year 2024"

 

Page 23, after line 14, insert:

 

"Sec. 28.  APPROPRIATION; COMMUNITY RELATIONS ADVISORY COUNCIL.

 

$23,000 in fiscal year 2021 is appropriated from the general fund to the Peace Officer Standards and Training Board for costs associated with providing office space, supplies, equipment, and clerical support to the Community Relations Advisory Council.  The base for this appropriation is $20,000 in fiscal year 2022 and thereafter.

 

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

 

Sec. 29.  APPROPRIATION; DATA SYSTEM STAFFING.

 

$96,000 in fiscal year 2021 is appropriated from the general fund to the Peace Officer Standards and Training Board for costs associated with staffing the database that receives the public data required to be submitted to the board by law enforcement agencies.  The base for this appropriation is $128,000 in fiscal year 2022 and thereafter.

 

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

 

Sec. 30.  APPROPRIATION; PEACE OFFICER CRISIS INTERVENTION AND MENTAL ILLNESS CRISIS TRAINING.

 

$145,000 in fiscal year 2021 is appropriated from the general fund to the Peace Officer Standards and Training Board to reimburse law enforcement agency crisis intervention and mental illness crisis training expenses for training that is provided by approved entities according to Minnesota Statutes, section 626.8469, subdivision 1a.  The base for this appropriation is $137,000 in fiscal year 2022 and thereafter.

 

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

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment to the amendment, as amended, was adopted.


Journal of the House - 3rd Day - Monday, July 20, 2020 - Top of Page 208

Moran moved to amend the Mariani amendment, as amended, to H. F. No. 1 as follows:

 

Page 9, after line 9, insert:

 

"Sec. 9.  Minnesota Statutes 2018, section 609.066, is amended by adding a subdivision to read:

 

Subd. 1a.  Legislative intent.  The legislature hereby finds and declares the following:

 

(1) that the authority to use deadly force, conferred on peace officers by this section, is a critical responsibility that shall be exercised judiciously and with respect for human rights and dignity and for the sanctity of every human life.  The legislature further finds and declares that every person has a right to be free from excessive use of force by officers acting under color of law;

 

(2) as set forth below, it is the intent of the legislature that peace officers use deadly force only when necessary in defense of human life or to prevent great bodily harm.  In determining whether deadly force is necessary, officers shall evaluate each situation in light of the particular circumstances of each case;

 

(3) that the decision by a peace officer to use deadly force shall be evaluated from the perspective of a reasonable officer in the same situation, based on the totality of the circumstances known to or perceived by the officer at the time, rather than with the benefit of hindsight, and that the totality of the circumstances shall account for occasions when officers may be forced to make quick judgments about using deadly force; and

 

(4) that peace officers should exercise special care when interacting with individuals with known physical, mental health, developmental, or intellectual disabilities as an individual's disability may affect the individual's ability to understand or comply with commands from peace officers.

 

EFFECTIVE DATE.  This section is effective March 1, 2021.

 

Sec. 10.  Minnesota Statutes 2018, section 609.066, subdivision 2, is amended to read:

 

Subd. 2.  Use of deadly force.  (a) Notwithstanding the provisions of section 609.06 or 609.065, the use of deadly force by a peace officer in the line of duty is justified only when if an objectively reasonable officer would believe, based on the totality of the circumstances known to the officer at the time and without the benefit of hindsight, that such force is necessary:

 

(1) to protect the peace officer or another from apparent death or great bodily harm, provided that the threat:

 

(i) can be articulated with specificity by the law enforcement officer;

 

(ii) is reasonably likely to occur absent action by the law enforcement officer; and

 

(iii) must be addressed through the use of deadly force without unreasonable delay; or

 

(2) to effect the arrest or capture, or prevent the escape, of a person whom the peace officer knows or has reasonable grounds to believe has committed or attempted to commit a felony involving the use or threatened use of deadly force; or and the officer reasonably believes that the person will cause death or great bodily harm to another person under the threat criteria in clause (1), items (i) to (iii), unless immediately apprehended.

 

(3) to effect the arrest or capture, or prevent the escape, of a person whom the officer knows or has reasonable grounds to believe has committed or attempted to commit a felony if the officer reasonably believes that the person will cause death or great bodily harm if the person's apprehension is delayed.


Journal of the House - 3rd Day - Monday, July 20, 2020 - Top of Page 209

(b) A peace officer shall not use deadly force against a person based on the danger the person poses to self if an objectively reasonable officer would believe, based on the totality of the circumstances known to the officer at the time and without the benefit of hindsight, that the person does not pose a threat of death or great bodily harm to the peace officer or to another under the threat criteria in paragraph (a), clause (1), items (i) to (iii).

 

EFFECTIVE DATE.  This section is effective March 1, 2021."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment to the amendment, as amended, was adopted.

 

 

Nash moved to amend the Mariani amendment, as amended, to H. F. No. 1 as follows:

 

Page 22, after line 21, insert:

 

"Sec. 24.  CIVIL UNREST INVESTIGATORY COMMISSION.

 

Subdivision 1.  Purpose; finding of facts and time line of public responses.  (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.

 

(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.

 

(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.

 

(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.

 

Subd. 2.  Duties of commission.  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.

 

Subd. 3.  Cooperation.  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.

 

Subd. 4.  Data.  All materials and information held by or created by the commission must be made public upon completion of the report required under this act.

 

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


Journal of the House - 3rd Day - Monday, July 20, 2020 - Top of Page 210

Sec. 25.  COMMISSION STRUCTURE.

 

(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.

 

(b) The commission must be established by August 15, 2020.  The chief justice must designate one member of the panel to serve as chair.

 

(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.

 

(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.

 

(e) The commission may issue subpoenas, take testimony under oath, and hire outside investigators and counsel.

 

(f) The legislative auditor must act as fiscal agent for the commission and must provide administrative support to the commission.

 

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

 

Sec. 26.  DUTIES AND REPORT.

 

(a) The Civil Unrest Investigatory Commission must:

 

(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;

 

(2) establish a timeline of decisions taken and choices made by elected officials;

 

(3) conduct a review of the responses of police, national guard, and other responders;

 

(4) create a timeline of events, with a detailed explanation of the choices made by public officials; and

 

(5) issue a report no later than December 15, 2020, with the commission's findings.

 

(b) The commission may:

 

(1) determine, if possible, whether actions taken were consistent with the duties of elected and appointed officials; and

 

(2) suggest best practices that should be considered for future responses in the event of civil unrest.

 

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


Journal of the House - 3rd Day - Monday, July 20, 2020 - Top of Page 211

Sec. 27.  APPROPRIATION.

 

$250,000 in fiscal year 2021 is appropriated from the general fund to the Minnesota Supreme Court on a onetime basis for costs associated with the Civil Unrest Investigatory Commission."

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Nash amendment to the Mariani amendment and the roll was called.  There were 61 yeas and 71 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson

Backer

Bahr

Baker

Bennett

Boe

Daniels

Daudt

Davids

Demuth

Dettmer

Drazkowski

Ecklund

Fabian

Franson

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Hamilton

Heinrich

Heintzeman

Hertaus

Johnson

Jurgens

Kiel

Koznick

Kresha

Layman

Lislegard

Lucero

Lueck

Marquart

McDonald

Miller

Munson

Nash

Nelson, N.

Neu

Nornes

Novotny

O'Driscoll

O'Neill

Petersburg

Pierson

Poston

Quam

Robbins

Runbeck

Schomacker

Scott

Swedzinski

Theis

Torkelson

Urdahl

Vogel

West

Wolgamott


 

      Those who voted in the negative were:

 


Acomb

Bahner

Becker-Finn

Bernardy

Bierman

Brand

Cantrell

Carlson, A.

Carlson, L.

Christensen

Claflin

Considine

Davnie

Dehn

Edelson

Elkins

Fischer

Freiberg

Gomez

Halverson

Hansen

Hassan

Hausman

Her

Hornstein

Howard

Huot

Jordan

Klevorn

Koegel

Kotyza-Witthuhn

Kunesh-Podein

Lee

Lesch

Liebling

Lien

Lillie

Lippert

Long

Mahoney

Mann

Mariani

Masin

Moller

Moran

Morrison

Murphy

Nelson, M.

Noor

Olson

Pelowski

Persell

Pinto

Poppe

Pryor

Richardson

Sandell

Sandstede

Sauke

Schultz

Stephenson

Sundin

Tabke

Vang

Wagenius

Wazlawik

Winkler

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

 

      The motion did not prevail and the amendment to the amendment, as amended, was not adopted.

 

 

Her moved to amend the Mariani amendment, as amended, to H. F. No. 1 as follows:

 

Page 20, line 10, after "candidate's" insert "familiarity with labor law, the grievance process, and the law enforcement profession; or"

 

 

      The motion prevailed and the amendment to the amendment, as amended, was adopted.


Journal of the House - 3rd Day - Monday, July 20, 2020 - Top of Page 212

              The question recurred on the Mariani amendment, as amended, to H. F. No. 1.  The motion prevailed and the amendment, as amended, was adopted.

 

 

      H. F. No. 1, A bill for an act relating to public safety; providing for law enforcement; providing peer counseling, critical incident stress management, residency incentives, crisis intervention and mental illness crisis training, autism training, and duty to intercede and report for peace officers; providing for reporting of force; expanding membership of the Board of Peace Officer Standards and Training; prohibiting warrior-style training; providing for a community relations advisory council; providing for certain peace officer data; providing for peace officer grievance arbitration selection procedure; providing for reports; appropriating money; amending Minnesota Statutes 2018, sections 13.43, subdivision 9, by adding a subdivision; 415.16, by adding a subdivision; 609.06, subdivision 1, by adding a subdivision; 626.841; 626.843, by adding a subdivision; 626.845, by adding a subdivision; 626.8452, subdivisions 4, 5, by adding a subdivision; 626.8457, subdivision 3; 626.8469; Laws 2019, First Special Session chapter 5, article 1, section 13, subdivision 4; proposing coding for new law in Minnesota Statutes, chapters 181; 299C; 626; repealing Minnesota Statutes 2018, section 181.973.

 

 

      The bill was read for the third time, as amended, and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 102 yeas and 29 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Albright

Bahner

Baker

Becker-Finn

Bennett

Bernardy

Bierman

Boe

Brand

Cantrell

Carlson, A.

Carlson, L.

Christensen

Claflin

Considine

Davnie

Dehn

Demuth

Ecklund

Edelson

Elkins

Fischer

Freiberg

Garofalo

Gomez

Haley

Halverson

Hamilton

Hansen

Hassan

Hausman

Her

Hornstein

Howard

Huot

Johnson

Jordan

Jurgens

Kiel

Klevorn

Koegel

Kotyza-Witthuhn

Koznick

Kresha

Kunesh-Podein

Lee

Lesch

Liebling

Lien

Lillie

Lippert

Lislegard

Long

Mahoney

Mann

Mariani

Marquart

Masin

Miller

Moller

Moran

Morrison

Murphy

Nelson, M.

Noor

Novotny

O'Driscoll

Olson

O'Neill

Pelowski

Persell

Petersburg

Pierson

Pinto

Poppe

Poston

Pryor

Quam

Richardson

Robbins

Sandell

Sandstede

Sauke

Schomacker

Schultz

Scott

Stephenson

Swedzinski

Tabke

Theis

Urdahl

Vang

Wagenius

Wazlawik

West

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

      Those who voted in the negative were:

 


Anderson

Backer

Bahr

Daniels

Daudt

Davids

Dettmer

Drazkowski

Fabian

Franson

Green

Grossell

Gruenhagen

Gunther

Heinrich

Heintzeman

Layman

Lucero

Lueck

McDonald

Munson

Nash

Nelson, N.

Neu

Nornes

Runbeck

Sundin

Torkelson

Vogel


 

 

      The bill was passed, as amended, and its title agreed to.


Journal of the House - 3rd Day - Monday, July 20, 2020 - Top of Page 213

              Pursuant to rule 1.50, Winkler moved that the House be allowed to continue in session after 12:00 midnight.  The motion prevailed.

 

 

      H. F. No. 3 was reported to the House.

 

 

Murphy moved to amend H. F. No. 3, the first engrossment, as follows:

 

Page 2, line 31, delete "75,381,000" and insert "85,381,000"

 

Page 3, line 2, delete "38,495,000" and insert "48,495,000"

 

Page 4, line 19, delete "82,010,000" and insert "92,010,000"

 

Page 4, line 24, delete "64,103,000" and insert "74,103,000"

 

Page 4, delete line 33

 

Page 4, line 34, delete "equip Phase 1" and insert "To design phases 1 and 2"

 

Page 7, lines 7 and 10, delete "22,951,000" and insert "2,951,000"

 

Page 9, line 30, after "Austin," insert "Breckenridge,"

 

Page 9, line 31, after "Browns Valley," insert "Carver,"

 

Page 10, line 2, delete "and"

 

Page 10, line 3, before the period, insert ", and Waseca"

 

Page 11, delete lines 9 to 26 and insert:

 

"(a) For predesign, design, and engineering of projects to mitigate the threat to property, public safety, and water quality from rising water levels at the Canisteo and Hill Annex mine complexes.  The commissioner must give priority to work that addresses the most immediate risks to public safety.  If the predesign, design, and engineering for the Canisteo and Hill Annex mine complexes is complete, the commissioner may use any remaining money from this appropriation to construct mitigation measures at the Canisteo or Hill Annex mine complex.

 

(b) The commissioner, in cooperation with the Department of Iron Range Resources and Rehabilitation, Western Mesabi Mine Planning Board, and Itasca County, shall provide a status report on this project to the chairs and ranking minority members of the legislative committees with jurisdiction over capital investment and environment and natural resources finance by October 1, 2020, February 15, 2021, April 15, 2021, July 1, 2021, and September 1, 2021.  This report must include but is not limited to


Journal of the House - 3rd Day - Monday, July 20, 2020 - Top of Page 214

recommendations on lease ownership and costs, the findings of the pit wall stability study, final engineering, and design work, including cost estimates to complete the outlet and recommendations on ownership, operations, and maintenance of the constructed outlet."

 

Page 13, line 4, after "For" insert "the acquisition of lands for"

 

Page 13, delete lines 7 to 11 and insert:

 

"For engineering of all phases, and wetland and public waters mitigation for the Blazing Star Trail, under Minnesota Statutes, section 85.015, subdivision 19, between the communities of Albert Lea and Hayward, connecting both communities to Myre-Big Island State Park."

 

Page 16, line 30, delete "construct, and equip" and insert "and engineer"

 

Page 17, line 2, after the period, insert "This is phase 1 of the project."

 

Page 17, line 22, after the period, insert "This is phase 1 of the project."

 

Page 18, delete line 28

 

Page 26, line 11, delete "the site in Blaine" and insert "a site"

 

Page 26, line 26, delete "acquire" and insert "construct a"

 

Page 26, delete line 27

 

Page 32, line 8, delete everything before the period and insert "connect Scout Drive to Dehler Drive, and 19th Street South to Scout Drive"

 

Page 45, delete lines 3 to 10 and insert:

 

"For a grant to Ramsey County to design, construct, furnish, and equip a maintenance building for the Nordic ski competition and winter recreation area, including related earthwork and landscaping, and for a marker commemorating the Olympic accomplishments of Minnesotan Jessie Diggins, in Battle Creek Regional Park."

 

Page 58, line 25, delete "16,000,000" and insert "8,500,000"

 

Page 58, line 30, delete "5,000,000" and insert "12,500,000"

 

Page 58, line 32, delete "and design" and insert ", design, construct, furnish, and equip"

 

Page 59, delete lines 29 to 34


Journal of the House - 3rd Day - Monday, July 20, 2020 - Top of Page 215

Page 60, delete lines 1 and 2 and insert:

 

"For a grant to the city of New Ulm to design, acquire, install, furnish, and equip a capital improvement permanent shade structure system for the German Park amphitheater, compliant with the Americans with Disabilities Act."

 

Page 61, delete lines 11 to 16 and insert "a regional sport facility.  This appropriation includes money to renovate and expand the Municipal Athletic Facility, to demolish the grandstand at Dick Putz field, and to design, construct, furnish and equip a new grandstand at Dick Putz Field.  This appropriation"

 

Page 66, line 15, after "design" insert "and engineer"

 

Page 67, line 21, before the period, insert ", which may also include acquisition of real property needed for the wastewater infrastructure improvements"

 

Page 69, line 24, after "predesign," insert "environmental review,"

 

Page 69, line 25, after "collection" insert "system"

 

Page 69, line 26, delete "water" and insert "wastewater"

 

Page 69, line 27, after "within" insert "one and"

 

Page 69, line 28, delete "mile" and insert "miles"

 

Page 76, line 20, delete "improvement" and insert "investment"

 

Page 77, delete lines 15 to 21 and insert:

 

"From the bond proceeds account in the trunk highway fund for reconstruction of trunk highways that experience frequent flooding in Sibley County and Le Sueur County, to modify the elevation of the roadways and reduce closures due to river flooding, for portions of the projects that are eligible for trunk highway bond proceeds."

 

Page 104, line 4, delete "general" and insert "special revenue"

 

Page 138, after line 20, insert:

 

"(d) Notwithstanding any law to the contrary, the maximum effort capital loan authorized in 2018 for Independent School District No. 38, Red Lake, must be repaid as a capital grant and loan according to the provisions of section 12."

 

Page 138, after line 20, insert:

 

"Sec. 42.  LAKE VERMILION-SOUDAN UNDERGROUND MINE STATE PARK; SECONDARY UNIT DESIGNATION.

 

The commissioner of natural resources must manage the area within the statutory boundary of Lake Vermilion‑Soudan Underground Mine State Park that is located south of State Highway 169 as a secondary unit within the state park, as authorized in Minnesota Statutes, section 86A.08.  The secondary unit is designated a state


Journal of the House - 3rd Day - Monday, July 20, 2020 - Top of Page 216

recreation area and must be managed in a manner consistent with Minnesota Statutes, section 86A.05, subdivision 3.  Within the secondary unit, in addition to other activities authorized in Lake Vermilion-Soudan Underground Mine State Park, the commissioner must permit ingress and egress on designated routes by off-highway vehicles, as defined in Minnesota Statutes, section 84.771, into campgrounds and overnight facilities developed south of State Highway 169."

 

Page 139, after line 30, insert:

 

"Sec. 3.  Minnesota Statutes 2018, section 272.38, subdivision 1, is amended to read:

 

Subdivision 1.  Taxes to be first paid.  (a) No structures, standing timber, minerals, sand, gravel, peat, subsoil, or topsoil shall be removed from any tract of land until all the taxes assessed against such tract and due and payable shall have been fully paid and discharged.  When the commissioner of management and budget or the county auditor has reason to believe that any such structure, timber, minerals, sand, gravel, peat, subsoil, or topsoil will be removed from such tract before such taxes shall have been paid, either may direct the county attorney to bring suit in the name of the state to enjoin any and all persons from removing such structure, timber, minerals, sand, gravel, peat, subsoil, or topsoil therefrom until such taxes are paid.  No bond shall be required of plaintiff in such suit.

 

(b) If the county auditor determines that the removal of a structure is in the public interest, including the health, safety, and well-being of the surrounding area, and that removal will not impair the collection of property taxes, the county auditor may waive the requirements of this subdivision.

 

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

 

Page 150, after line 13, insert:

 

"Sec. 7.  SCHOOL BUILDING EFFICIENCIES; DULUTH SCHOOL DISTRICT.

 

Subdivision 1.  Plan.  (a) Independent School District No. 709, Duluth, must develop a plan to sell Historic Old Central High School to another party.  The plan must document the current operating costs of the facility, the expected maintenance costs for the facility over the next 20 years, and describe the alternatives for the programs and staff currently located at Historic Old Central High School.

 

(b) The plan must also document potential building projects, which may include:

 

(1) constructing or acquiring new administrative space;

 

(2) adding transportation maintenance and bus storage facilities;

 

(3) improving roads and infrastructure; and

 

(4) preparing sites for building or demolishing the Duluth Central High School facility constructed in 1971.

 

(c) The plan must be submitted by the school board to the commissioner of education after the hearing required in subdivision 2.

 

(d) The commissioner must examine the plan, and if the commissioner concludes that the plan will yield financial, student, and staff efficiencies for the district, approve the plan.

 

Subd. 2.  Public hearing.  At least 30 days prior to submitting the projects listed in the plan developed under subdivision 1 for review and comment, the school board must hold a public hearing on the plan and the building projects.  The school board must allow public testimony on the proposal.


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Subd. 3.  Review and comment.  The district must submit the projects included in the plan to the commissioner of education for review and comment under Minnesota Statutes, section 123B.71.

 

Subd. 4.  Bond authorization.  (a) Independent School District No. 709, Duluth, may issue general obligation bonds in an amount not to exceed $31,500,000 under this section to finance the school facility plan approved by the district and the commissioner of education under subdivision 1.  The district must comply with Minnesota Statutes, chapter 475, except Minnesota Statutes, sections 475.58 and 475.59.  The authority to issue bonds under this section is in addition to any other bonding authority granted to the district.

 

(b) At least 20 days before the issuance of bonds or the final certification of levies under this section, the district must publish notice of the intended projects, the amount of the bonds to be issued, and the total amount of the district's debt.

 

(c) The debt service required by the bonds issued is debt service revenue under Minnesota Statutes, section 123B.53.

 

Subd. 5.  Long-term facilities maintenance revenue.  The commissioner of education must ensure that the district's long-term facilities maintenance plan under Minnesota Statutes, section 123B.595, reflects the savings outlined in the plan developed in subdivision 1.

 

Subd. 6.  Report.  On February 15 of each even-numbered year, Independent School District No. 709, Duluth, must submit a report on the outcomes and efficiencies achieved under this section to the commissioner of education and to the chairs and ranking minority members of the legislative committees having jurisdiction over education finance.

 

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

 

Page 181, line 3, delete "act" and insert "article"

 

Renumber the sections in sequence and correct the internal references

 

Amend the title accordingly

 

 

      The motion prevailed and the amendment was adopted.

 

 

Davids moved to amend H. F. No. 3, the first engrossment, as amended, as follows:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

GENERAL OBLIGATION BONDS

 

Section 1.  CAPITAL IMPROVEMENT APPROPRIATIONS. 

 

The sums shown in the column under "Appropriations" are appropriated from the bond proceeds fund, or another named fund, to the state agencies or officials indicated, to be spent for public purposes.  Appropriations of bond proceeds must be spent as authorized by the Minnesota Constitution, article XI, section 5, clause (a), to acquire and better public land and buildings and other public improvements of a capital nature, or as authorized by the Minnesota Constitution, article XI, section 5, clauses (b) to (j), or article XIV.  Unless otherwise specified, money appropriated in this act:


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(1) may be used to pay state agency staff costs that are attributed directly to the capital program or project in accordance with accounting policies adopted by the commissioner of management and budget;

 

(2) is available until the project is completed or abandoned subject to Minnesota Statutes, section 16A.642;

 

(3) for activities under Minnesota Statutes, sections 16B.307, 84.946, and 135A.046, should not be used for projects that can be financed within a reasonable time frame under Minnesota Statutes, section 16B.322 or 16C.144; and

 

(4) is available for a grant to a political subdivision after the commissioner of management and budget determines that an amount sufficient to complete the project as described in this act has been committed to the project, as required by Minnesota Statutes, section 16A.502.

 

 

 

 

 

 

APPROPRIATIONS

 

Sec. 2.  UNIVERSITY OF MINNESOTA

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

 

 

$75,381,000

 

To the Board of Regents of the University of Minnesota for the purposes specified in this section.

 

Subd. 2.  Higher Education Asset Preservation and Replacement (HEAPR)

 

 

 

38,495,000

 

To be spent in accordance with Minnesota Statutes, section 135A.046.

 

Subd. 3.  Twin Cities - Institute of Child Development Building

 

 

 

29,200,000

 

To predesign, design, renovate, expand, furnish, and equip research, learning, and outreach spaces in the Institute of Child Development building on the Twin Cities campus.  This project includes the demolition and replacement of the 1968 building addition.

 

Subd. 4.  Duluth - A. B.  Anderson Hall Renovation

 

 

 

4,400,000

 

To predesign, design, renovate, furnish, and equip campus teaching and learning spaces, including mechanical systems, in A. B. Anderson Hall on the Duluth campus.

 

Subd. 5.  Twin Cities - Fraser Hall Chemistry Undergraduate Teaching Laboratory

 

 

 

3,286,000

 

To predesign and design (1) the renovation of Fraser Hall, and (2) an addition to Fraser Hall, for an undergraduate chemistry teaching laboratory facility on the Twin Cities campus.  This project includes design of the demolition of obsolete portions of Fraser Hall.


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Subd. 6.  University Share

 

 

 

 

 

Except for the appropriations for HEAPR, the appropriations in this section are intended to cover approximately two-thirds of the cost of each project.  The remaining costs must be paid from university sources.

 

Subd. 7.  Unspent Appropriations

 

 

 

 

 

Upon substantial completion of a project authorized in this section and after written notice to the commissioner of management and budget, the Board of Regents must use any money remaining in the appropriation for that project for HEAPR under Minnesota Statutes, section 135A.046.  The Board of Regents must report by February 1 of each even-numbered year to the chairs of the house of representatives and senate committees with jurisdiction over capital investment and higher education finance, and to the chairs of the house of representatives Ways and Means Committee and the senate Finance Committee, on how the remaining money has been allocated or spent.

 

Sec. 3.  MINNESOTA STATE COLLEGES AND UNIVERSITIES

 

 

 

 

Subdivision 1.  Total Appropriation

 

 

 

$82,010,000

 

To the Board of Trustees of the Minnesota State Colleges and Universities for the purposes specified in this section.

 

Subd. 2.  Higher Education Asset Preservation and Replacement (HEAPR)

 

 

 

64,103,000

 

To be spent in accordance with Minnesota Statutes, section 135A.046.

 

Subd. 3.  Anoka-Ramsey Community College

 

 

 

16,282,000

 

To design, renovate, and equip the business and nursing building at Anoka-Ramsey Community College, Coon Rapids campus.

 

Subd. 4.  Minneapolis Community and Technical College

 

 

990,000

 

To design Phases 1 and 2 and renovate and equip Phase 1 of the Management Education Center shared with Metropolitan State University on the Minneapolis Community and Technical College campus to support baccalaureate programming expansion.

 

Subd. 5.  Pine Technical and Community College

 

 

 

635,000

 

To design the renovation of the main building allied health space and an addition of the technical trade and applied learning labs at Pine Technical and Community College.


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Subd. 6.  Debt Service

 

 

 

 

 

(a) Except as provided in paragraph (b), the Board of Trustees shall pay the debt service on one-third of the principal amount of state bonds sold to finance projects authorized by this section.  After each sale of general obligation bonds, the commissioner of management and budget shall notify the board of the amounts assessed for each year for the life of the bonds.

 

(b) The board need not pay debt service on bonds sold to finance HEAPR.  Where a nonstate match is required, the debt service is due on a principal amount equal to one-third of the total project cost, less the match committed before the bonds are sold.

 

(c) The commissioner of management and budget shall reduce the board's assessment each year by one-third of the net income from investment of general obligation bond proceeds in proportion to the amount of principal and interest otherwise required to be paid by the board.  The board shall pay its resulting net assessment to the commissioner of management and budget by December 1 each year.  If the board fails to make a payment when due, the commissioner of management and budget shall reduce allotments for appropriations from the general fund otherwise available to the board and apply the amount of the reduction to cover the missed debt service payment.  The commissioner of management and budget shall credit the payments received from the board to the bond debt service account in the state bond fund each December 1 before money is transferred from the general fund under Minnesota Statutes, section 16A.641, subdivision 10.

 

Subd. 7.  Unspent Appropriations

 

 

 

 

 

(a) Upon substantial completion of a project authorized in this section and after written notice to the commissioner of management and budget, the board must use any money remaining in the appropriation for that project for HEAPR under Minnesota Statutes, section 135A.046.  The Board of Trustees must report by February 1 of each even-numbered year to the chairs of the house of representatives and senate committees with jurisdiction over capital investment and higher education finance and to the chairs of the house of representatives Ways and Means Committee and the senate Finance Committee, on how the remaining money has been allocated or spent.

 

(b) The unspent portion of an appropriation for a project in this section that is complete is available for HEAPR under this subdivision, at the same campus as the project for which the original appropriation was made and the debt service requirement under this section is reduced accordingly.  Minnesota Statutes, section 16A.642, applies from the date of the original appropriation to the unspent amount transferred.


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Sec. 4.  EDUCATION

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

 

 

$22,951,000

 

To the commissioner of education for the purposes specified in this section.

 

Subd. 2.  Library Construction Grants

 

 

 

22,951,000

 

For library construction grants under Minnesota Statutes, section 134.45.

 

Sec. 5.  MINNESOTA STATE ACADEMIES

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

 

 

$6,830,000

 

To the commissioner of administration for the purposes specified in this section.

 

Subd. 2.  Asset Preservation

 

 

 

1,000,000

 

For capital asset preservation improvements and betterments on both campuses of the Minnesota State Academies, to be spent in accordance with Minnesota Statutes, section 16B.307.

 

Subd. 3.  Safety Corridor

 

 

 

5,830,000

 

To design, construct, furnish, and equip a safety corridor on the Minnesota State Academy for the Deaf campus, including but not limited to abatement of asbestos and hazardous materials, construction, and renovations necessary to establish a central point of access, a reception and visitor area, and security monitoring with connections to Smith, Quinn, and Noyes Halls.  This appropriation also includes money to predesign, design, renovate, furnish, and equip Smith and Quinn Halls, including but not limited to abatement of asbestos and hazardous materials, interior space, restrooms, offices, classrooms, science labs, and technology labs.

 

Sec. 6.  PERPICH CENTER FOR ARTS EDUCATION

 

 

 

 

Subdivision 1.  Total Appropriation

 

 

 

$750,000

 

To the commissioner of administration for the purposes specified in this section.

 

Subd. 2.  Asset Preservation

 

 

 

750,000

 

For capital asset preservation improvements and betterments at the Perpich Center for Arts Education, to be spent in accordance with Minnesota Statutes, section 16B.307.


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Sec. 7.  NATURAL RESOURCES

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

 

 

$96,395,000

 

(a) To the commissioner of natural resources for the purposes specified in this section.

 

(b) The appropriations in this section are subject to the requirements of the natural resources capital improvement program under Minnesota Statutes, section 86A.12, unless this section or the statutes referred to in this section provide more specific standards, criteria, or priorities for projects than Minnesota Statutes, section 86A.12.

 

Subd. 2.  Natural Resources Asset Preservation

 

 

 

25,000,000

 

(a) For the renovation of state-owned facilities and recreational assets operated by the commissioner of natural resources to be spent in accordance with Minnesota Statutes, section 84.946.  Notwithstanding Minnesota Statutes, section 84.946, the commissioner may use this appropriation to replace buildings if, considering the embedded energy in the building, that is the most energy-efficient and carbon-reducing method of renovation.

 

(b) $5,000,000 of this appropriation is for the Soudan mine shaft rehabilitation.  The Soudan mine shaft rehabilitation project is exempt from using the Designer Selection Board process as defined in Minnesota Statutes, section 16B.33, and is exempt from any requirement for a minimum number of proposals as set forth in Minnesota Statutes, section 16C.33, subdivision 5, paragraph (c).

 

Subd. 3.  Flood Hazard Mitigation

 

 

 

15,000,000

 

(a) For the state share of flood hazard mitigation grants for publicly owned capital improvements to prevent or alleviate flood damage under Minnesota Statutes, section 103F.161.

 

(b) To the extent practical, levee projects shall meet the state standard of three feet above the 100-year flood elevation.

 

(c) Project priorities shall be determined by the commissioner as appropriate, based on need and consideration of available leveraging of federal, state, and local funds.

 

(d) This appropriation may be used for projects in the following municipalities:  Afton, Austin, Browns Valley, Delano, Faribault, Golden Valley, Halstad, Hawley, Hendrum, Inver Grove Heights, Jordan, Montevideo, Moorhead, Newfolden, Nielsville, Owatonna, Round Lake Township in Jackson County, and Sioux Valley Township in Jackson County.


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(e) This appropriation also may be used for projects in the following watershed districts:  Bois de Sioux Watershed District, Buffalo-Red River Watershed District, Cedar River Watershed District; Southern Minnesota Rivers Basin Area II, Lower Minnesota River Watershed District, Middle Snake Tamarac Rivers Watershed District, Prior Lake-Spring Lake Watershed District, Red Lake Watershed District, Roseau River Watershed District, Shell Rock River Watershed District, Two Rivers Watershed District, Upper Minnesota River Watershed District, and Wild Rice River Watershed District.

 

(f) For any project listed in this subdivision that the commissioner determines is not ready to proceed, does not have the nonstate match committed, or does not expend all the money granted to it, the commissioner may allocate that project's unexpended money to a priority project on the commissioner's list.

 

(g) To the extent practicable and consistent with the project, recipients of appropriations for flood control projects in this subdivision shall create wetlands that are eligible for wetland replacement credit to replace wetlands drained or filled as the result of repair, reconstruction, replacement, or rehabilitation of an existing public road under Minnesota Statutes, section 103G.222, subdivision 1, paragraphs (l) and (m).

 

(h) To the extent that the cost of a project exceeds two percent of the median household income in a municipality or township multiplied by the number of households in the municipality or township, this appropriation is also for the local share of the project.

 

Subd. 4.  Canisteo and Hill Annex Open-Pit Mine Groups

 

 

2,000,000

 

For predesign, design, engineering, and construction of projects to mitigate the threat to property, public safety, and water quality from rising water levels at the Canisteo and Hill Annex mine complexes.  The commissioner must give priority to work that addresses the most immediate risks to public safety.  If the predesign, design, and engineering for the Canisteo and Hill Annex mine complexes is complete, the commissioner may use any remaining money from this appropriation only for similar work to address issues related to rising water levels in other mine complexes in the taconite assistance area.  If the appropriation for these projects is not sufficient to complete them, the commissioner must use money appropriated for asset preservation under subdivision 2.

 

Subd. 5.  Dam Renovation, Repair, Removal

 

 

 

20,000,000

 

(a) For design, engineering, and construction to repair, reconstruct, or remove publicly owned dams and respond to dam safety emergencies on publicly owned dams.  Of this appropriation, $18,000,000 is for the reconstruction of the Lake Bronson Dam in Lake Bronson State Park.


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(b) The commissioner shall determine project priorities as appropriate under Minnesota Statutes, sections 103G.511 and 103G.515.  If the commissioner determines that a project is not ready to proceed, this appropriation may be used for other projects on the commissioner's priority list.

 

Subd. 6.  State Park and Recreation Area Accessibility

 

 

3,000,000

 

For the predesign, design, and construction of accessibility improvements at William O'Brien State Park.

 

Subd. 7.  Lake Vermilion-Soudan Underground Mine State Park

 

 

 

 5,800,000

 

For the predesign, design, and construction of a campground and related infrastructure at Lake Vermilion-Soudan Underground Mine State Park.

 

Subd. 8.  Shade Tree Program

 

 

 

1,000,000

 

For grants to cities, counties, townships, and park and recreation boards in cities of the first class, for the removal and the planting of shade trees on public land to provide environmental benefits; replace trees lost to forest pests, disease, or storm; or to establish a more diverse community forest better able to withstand disease and forest pests.  The commissioner must give priority to grant requests to remove and replace trees with active infestations of emerald ash borer.  For purposes of this appropriation, "shade tree" means a woody perennial grown primarily for aesthetic or environmental purposes with minimal to residual timber value.  Any tree planted with money under this subdivision must be a climate-adapted species to Minnesota.

 

Subd. 9.  Forests for the Future

 

 

 

1,000,000

 

For the forests for the future program under Minnesota Statutes, section 84.66.

 

Subd. 10.  Blazing Star State Trail

 

 

 

1,000,000

 

For construction of a bridge over Albert Lea Lake and associated trail work for a trail connection of the Blazing Star Trail under Minnesota Statutes, section 85.015, subdivision 19, from Albert Lea to Hayward.

 

Subd. 11.  Camp Ripley; Veterans State Trail

 

 

 

1,000,000

 

For construction of the Camp Ripley/Veterans State Trail under Minnesota Statutes, section 85.015, subdivision 28.


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Subd. 12.  Heartland State Trail; Detroit Lakes to Frazee Segment

 

 

 

2,000,000

 

For land acquisition, final engineering, and design of the proposed Heartland State Trail between its current terminus at Becker County CSAH 10 and Trunk Highway 87 in Frazee, and for the construction of a trail bridge over Becker County CSAH 10.

 

Subd. 13.  Heartland State Trail; Itasca State Park Connector

 

 

 

2,000,000

 

For final engineering and design of the trail segment of the Heartland State Trail located within Itasca State Park and for the construction of a trail tunnel under Trunk Highway 71.

 

Subd. 14.  Lake City; Hok-Si-La Park Water and Sewer Extension

 

 

 

587,000

 

For a grant to the city of Lake City to design, engineer, and construct a water and sewer connection from the city's sewer distribution and collection point to Hok-Si-La Park. 

 

Subd. 15.  Lake City; Ohuta Beach Breakwater

 

 

 

1,058,000

 

For a grant to the city of Lake City to design and construct a breakwater at Ohuta Beach in Lake City at Ohuta Park. 

 

Subd. 16.  Mankato; Riverbank Restoration

 

 

 

7,200,000

 

For a grant to the city of Mankato to:

 

(1) stabilize the Minnesota River riverbank in the Land of Memories Park to reduce erosion and protect well 15;

 

(2) stabilize the Minnesota River riverbank to protect Mankato's riverfront, including the Minnesota River Trail trailhead, and regional Water Resource Recovery Facility; and

 

(3) install in-channel stream stabilization infrastructure in Indian Creek to reduce erosion and improve water quality in the Minnesota River-Mankato watershed.

 

Subd. 17.  Otter Tail County; Perham to Pelican Rapids Regional Trail

 

 

 

1,600,000

 

For a grant to Otter Tail County to construct the McDonald Lake segment of the Perham to Pelican Rapids Regional Trail, which goes from the intersection of County State-Aid Highway 41 and 440th Street to the intersection of County State-Aid Highway 34 and County State-Aid Highway 35.


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Subd. 18.  Rochester; Cascade Park

 

 

 

2,500,000

 

For a grant to the city of Rochester to predesign, design, construct, furnish, and equip improvements of a capital nature, including a pavilion, an amphitheater, performance facilities, picnic shelters, restroom facilities, play areas, park access, and landscaping.

 

Subd. 19.  Scott County; McMahon Lake Flood Mitigation

 

 

600,000

 

For the state share of a flood hazard mitigation grant to Scott County for publicly owned capital improvements to prevent or alleviate flood damage on McMahon Lake under Minnesota Statutes, section 103F.161.

 

Subd. 20.  Silver Bay; Trailhead Center

 

 

 

1,100,000

 

For a grant to the city of Silver Bay to predesign, design, construct, furnish, and equip a multimodal trailhead center for the various hiking, bicycling, snowmobile, and all-terrain vehicle trails that converge in the area.  The center includes separated trail access for motorized and nonmotorized users and open space for trail users, parking, a wayside rest area, and a new trailhead center building that includes lavatories and showers.

 

Subd. 21.  St. Louis County; Voyageur Country ATV Trail

 

 

950,000

 

For a grant to St. Louis County for design, right-of-way acquisition, and construction of Phase I of the Voyageur Country ATV Trail connections in the areas of Orr, Ash River, Kabetogama Township, and International Falls to the Voyageur Country ATV Trail system.

 

Subd. 22.  Winona; Mississippi Riverfront Trail

 

 

2,000,000

 

For a grant under Minnesota Statutes, section 85.019, to the city of Winona to construct a paved trail from Levee Park to Lions Park along the Mississippi River in the city of Winona.

 

Subd. 23.  Unspent Appropriations

 

 

 

 

 

The unspent portion of an appropriation for a project in this section that is complete, upon written notice to the commissioner of management and budget, is available for asset preservation under Minnesota Statutes, section 84.946.  Minnesota Statutes, section 16A.642, applies from the date of the original appropriation to the unspent amount transferred.

 

Sec. 8.  POLLUTION CONTROL AGENCY

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

 

 

$27,146,000

 

To the Pollution Control Agency for the purposes specified in this section.


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Subd. 2.  Clay County

 

 

 

7,500,000

 

For a grant to Clay County under the solid waste capital assistance grant program under Minnesota Statutes, section 115A.54, in order to acquire land, design, construct, renovate, and equip a new resource recovery campus consisting of a new solid waste transfer station and problem materials management facility.

 

Subd. 3.  Dakota and Scott Counties

 

 

 

2,000,000

 

For a capital assistance grant under Minnesota Statutes, sections 115A.54 to 115A.541, to Dakota County or Scott County to acquire land, design, construct, and equip a new regional household hazardous waste collection and recycling facility to be located at a site in Dakota County or Scott County that best supports access needs for the residents of Dakota and Scott Counties.

 

Subd. 4.  Pope-Douglas; Solid Waste Facility

 

 

 

5,000,000

 

For a grant to the Pope-Douglas Solid Waste Management Joint Powers Board under the solid waste capital assistance grant program under Minnesota Statutes, section 115A.54.  This appropriation may be used to design, construct, and equip a new organics composting facility in Douglas County; and to design, construct, and equip a new environmental learning center in Alexandria for problem materials recycling and disposal of household hazardous waste.  This appropriation may also be used to acquire land and for demolition costs associated with the projects described in this section and is intended to replace outdated public facilities and infrastructure to serve the recycling and composting needs of Douglas, Pope, Otter Tail, Grant, Stevens, Stearns, Benton, and Sherburne Counties.

 

Subd. 5.  Ramsey-Washington

 

 

 

7,000,000

 

For a grant to Ramsey County under the solid waste capital assistance grant program under Minnesota Statutes, section 115A.54, in order to design, construct, furnish, and equip the expansion of and upgrades to the Ramsey/Washington Recycling and Energy facility, jointly owned by Ramsey and Washington Counties, located on Red Rock Road in Newport.  The project includes engineering and the acquisition and installation of major equipment to process organics and increase recycling of plastics, cardboard, and metals.

 

Subd. 6.  Brookston; Closed Landfill Cleanup

 

 

 

1,330,000

 

To design and construct remedial systems and acquire land at closed landfills throughout the state in accordance with the closed landfill program under Minnesota Statutes, sections 115B.39 to 115B.42.  The agency must follow the agency priorities, which includes a construction project at the Brookston Area Landfill.


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Subd. 7.  Coon Rapids

 

 

 

316,000

 

For a grant to the city of Coon Rapids under the solid waste capital assistance grants program in Minnesota Statutes, section 115A.54, for expanding and improving the Coon Rapids Recycling Center, including constructing, furnishing, and equipping a building for polystyrene foam processing, a cold storage building, a covered storage area, and constructing driving lanes and parking areas.

 

Subd. 8.  Todd County; Solid Waste Facility

 

 

 

4,000,000

 

For a grant to Todd County under the solid waste capital assistance grants program under Minnesota Statutes, section 115A.54, to design, construct, and equip a new solid waste transfer station, and to renovate the existing transfer station and household hazardous waste facility.

 

Sec. 9.  BOARD OF WATER AND SOIL RESOURCES

 

 

 

 

Subdivision 1.  Total Appropriation

 

 

 

$24,000,000

 

To the Board of Water and Soil Resources for the purposes specified in this section.

 

Subd. 2.  Local Government Roads Wetland Replacement Program

 

 

 

15,000,000

 

To acquire land or permanent easements and to restore, create, enhance, and preserve wetlands to replace those wetlands drained or filled as a result of the repair, reconstruction, replacement, or rehabilitation of existing public roads as required by Minnesota Statutes, section 103G.222, subdivision 1, paragraphs (l) and (m).  The board may vary the priority order of Minnesota Statutes, section 103G.222, subdivision 3, paragraph (a), to implement an in-lieu fee agreement approved by the U.S. Army Corps of Engineers under section 404 of the Clean Water Act.  The purchase price paid for acquisition of land or perpetual easement must be a fair market value as determined by the board.  The board may enter into agreements with the federal government, other state agencies, political subdivisions, nonprofit organizations, fee title owners, or other qualified private entities to acquire wetland replacement credits in accordance with Minnesota Rules, chapter 8420.

 

Subd. 3.  Local Government Roads Wetland Replacement Program

 

 

 

8,000,000

 

From the general fund to the board to administer its statutory responsibilities and acquire wetland banking credits to replace those wetlands drained or filled as a result of repairing, reconstructing, replacing, or rehabilitating existing public roads as required by Minnesota Statutes, section 103G.222, subdivision 1. 


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Notwithstanding Minnesota Statutes, section 103G.222, subdivision 3, the board may implement the wetland replacement program when consistent with the watershed approach of section 404 of the federal Clean Water Act.  The purchase price paid for acquiring wetland credits must be determined by the board.  The board may enter into agreements with the federal government, other state agencies, political subdivisions, nonprofit organizations, fee title owners, or other qualified private entities to acquire wetland replacement credits in accordance with Minnesota Rules, chapter 8420.  Of this appropriation, up to $560,000 is available for the development of the required elements of an in-lieu fee wetland mitigation program in accordance with Minnesota Statutes, section 103G.2242, subdivision 3, and up to $440,000 is available for mitigation stewardship in accordance with Minnesota Statutes, section 103B.103, subdivision 3.  This appropriation is onetime. 

 

Subd. 4.  Reinvest in Minnesota (RIM) Reserve Program

 

 

1,000,000

 

To acquire conservation easements from landowners to preserve, restore, create, and enhance wetlands and associated uplands of prairie and grasslands, and to restore and enhance rivers and streams, riparian lands, and associated uplands of prairie and grasslands, in order to protect soil and water quality, support fish and wildlife habitat, reduce flood damage, and provide other public benefits.  The provisions of Minnesota Statutes, section 103F.515, apply to this program.  The board shall give priority to leveraging federal money by enrolling targeted new lands or enrolling environmentally sensitive lands that have expiring federal conservation agreements.  The board is authorized to enter into new agreements and amend past agreements with landowners as required by Minnesota Statutes, section 103F.515, subdivision 5, to allow for restoration.  Up to five percent of this appropriation may be used for restoration and enhancement.

 

Sec. 10.  AGRICULTURE

 

 

 

$20,779,000

 

To the commissioner of administration to construct, renovate, and equip the Department of Agriculture/Department of Health Laboratory Building in St. Paul, including but not limited to creating a dedicated biosafety level 3 laboratory space, to meet safety, energy, and operational efficiency needs.  $779,000 of this appropriation is from the general fund for relocation expenses associated with this project.

 

Sec. 11.  MINNESOTA ZOOLOGICAL GARDEN

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

 

 

$13,000,000

 

To the Minnesota Zoological Garden Board for the purposes specified in this section.


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Subd. 2.  Asset Preservation

 

 

 

13,000,000

 

For capital asset preservation improvements and betterments to infrastructure and exhibits at the Minnesota Zoo, to be spent in accordance with Minnesota Statutes, section 16B.307.  Notwithstanding the specified uses of money under Minnesota Statutes, section 16B.307, the board may use this appropriation to replace buildings that are in poor condition, outdated, and no longer support the work of the Minnesota Zoo and to construct and renovate trails, and roads on the Minnesota Zoo site.  Notwithstanding the specified uses of money under Minnesota Statutes, section 16B.307, this appropriation may be used to design, construct, furnish, and equip the renovation of the monorail structure as an elevated pedestrian trail.

 

Sec. 12.  ADMINISTRATION

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

 

 

$5,750,000

 

To the commissioner of administration for the purposes specified in this section.

 

Subd. 2.  Capital Asset Preservation and Replacement Account

 

 

 

4,500,000

 

To be spent in accordance with Minnesota Statutes, section 16A.632.

 

Subd. 3.  Ford Building

 

 

 

170,000

 

To design the abatement of hazardous materials and demolition of the Ford Building and associated infrastructure located on the Capitol complex as the first phase of overall site redevelopment.  This appropriation may also be used to design modifications necessary to maintain access to the Capitol complex tunnel system as well as to provide security, irrigation, and landscaping for the site.

 

Before beginning demolition, the commissioner must develop an executable design feature to be implemented in the interior or exterior of the building constructed on the site or incorporated into the site design.  The design feature must reflect portions of the original exterior facade design, which might include design elements of the main entry way, or must incorporate a significant reuse of terra cotta ornamentation if determined to be in sufficient good condition for reuse.

 

Subd. 4.  Capitol Complex - Physical Security Upgrades Phase II

 

 

 

980,000

 

To design, construct, and equip upgrades to the physical security elements and systems for one or more of the buildings listed in this subdivision, their attached tunnel systems, their surrounding


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grounds, and parking facilities as identified in the 2017 Minnesota State Capitol Complex Physical Security Predesign completed by Miller Dunwiddie.  This appropriation includes money for work associated with one or more of the following buildings:  Administration, Centennial, Judicial, Ag/Health Lab, Minnesota History Center, Capitol Complex Power Plant and Shops, Stassen, State Office, and Veterans Service.

 

Subd. 5.  Capitol Complex Tunnel; ADA Compliance

 

 

 

100,000

 

To predesign capital improvements to the tunnel connecting the State Office Building with the State Capitol, necessary to bring the tunnel into compliance with the Americans with Disabilities Act (ADA).

 

Sec. 13.  AMATEUR SPORTS COMMISSION

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

 

 

$5,937,000

 

To the Minnesota Amateur Sports Commission for the purposes specified in this section.

 

Subd. 2.  Asset Preservation

 

 

 

 837,000

 

For asset preservation improvements and betterments of a capital nature at the National Sports Center in Blaine, to be spent in accordance with Minnesota Statutes, section 16B.307.

 

Subd. 3.  National Sports Center; Field Development and Maintenance Facility

 

 

 

3,000,000

 

For demolition of a maintenance facility and to construct and equip a new maintenance facility for the National Sports Center in Blaine.

 

Subd. 4.  Mighty Ducks

 

 

 

2,000,000

 

For grants to local government units under Minnesota Statutes, section 240A.09, paragraph (b), to improve indoor air quality or eliminate R-22.  This appropriation shall not be used to acquire ice resurfacing or edging equipment.

 

Subd. 5.  Construction and Renovation of Public Skate Parks

 

 

 

100,000

 

For grants under Minnesota Statutes, section 240A.20, subdivision 2, clause (2), for design of skate parks from designers with expertise in the field of skate park design.

 

Sec. 14.  MILITARY AFFAIRS

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

 

 

$24,545,000

 

To the adjutant general for the purposes specified in this section.


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Subd. 2.  Rosemount Readiness Center

 

 

 

1,000,000

 

To design the renovation of existing space at the Rosemount Readiness Center, including mechanical, electrical, building envelope, energy efficiency, and life safety improvements.

 

Subd. 3.  Fergus Falls Readiness Center

 

 

 

2,100,000

 

To design and renovate existing space at the Fergus Falls Readiness Center, including mechanical, electrical, building envelope, energy efficiency, and life safety improvements, and to construct an addition on the existing property.

 

Subd. 4.  Moorhead Readiness Center

 

 

 

5,345,000

 

To design and renovate existing space at the Moorhead Readiness Center, including mechanical, electrical, building envelope, energy efficiency, and life safety improvements, and to construct an addition on the existing property.

 

Subd. 5.  Marshall Readiness Center

 

 

 

3,100,000

 

To design and renovate existing space at the Marshall Readiness Center, including mechanical, electrical, building envelope, energy efficiency, and life safety improvements, and to construct an addition on the existing property.

 

Subd. 6.  Camp Ripley; Military Museum

 

 

 

13,000,000

 

To acquire land or interest in land, and to predesign, design, construct, furnish, and equip a facility outside the boundaries of Camp Ripley in Morrison County for the Minnesota Military Museum.  This appropriation includes money for a visitor's center and gift shop; administrative offices; work, storage, and exhibit space; landscaping; parking; and other amenities and infrastructure for the museum.  The adjutant general may enter into a lease or management agreement for the museum, subject to Minnesota Statutes, section 16A.695.

 

Sec. 15.  PUBLIC SAFETY

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

 

 

$50,355,000

 

To the commissioner of public safety or other named entity for the purposes specified in this section.

 

Subd. 2.  State Emergency Operations Center

 

 

 

29,545,000

 

To the commissioner of administration to acquire the site in Blaine, update the predesign, and to design, construct, furnish, and equip a new State Emergency Operations Center and Homeland


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Security and Emergency Management Office.  This appropriation may also be used to design and complete hazardous materials abatement and demolition as needed on the acquired site.

 

Subd. 3.  Southern Minnesota BCA Regional Office and Laboratory

 

 

 

100,000

 

To the commissioner of administration for predesign of a new Bureau of Criminal Apprehension regional office and laboratory facility in the Mankato area.

 

Subd. 4.  Chisholm; Public Safety Facility

 

 

 

1,910,000

 

For a grant to the city of Chisholm to acquire land, prepare the site, predesign, and design a new public safety facility for fire protection and law enforcement. 

 

Subd. 5.  Crystal; Police Department Expansion

 

 

 

4,000,000

 

For a grant to the city of Crystal to design, construct, furnish, and equip an expansion of the city's police department facility. 

 

Subd. 6.  Edina; South Metro Public Safety Training Facility

 

 

 

1,000,000

 

For a grant to the city of Edina to predesign, design, construct, expand, renovate, furnish, and equip a tactical training building at the South Metro Public Safety Training Facility to provide year‑round flexible space for different training scenarios.

 

Subd. 7.  Maple Grove; North Metro Range

 

 

 

3,500,000

 

For a grant to the city of Maple Grove to design, construct, furnish, and equip an expansion of the Maple Grove North Metro Range regional public safety training facility.  The project includes facilities to provide law enforcement officers training in de‑escalation and crisis intervention techniques.

 

Subd. 8.  Minneapolis; Emergency Operations Center and Fire Training Facility

 

 

 

800,000

 

For a grant to the city of Minneapolis for predesign, design, engineering, and construction of the expansion of the Emergency Operations Center and Fire Training Facility.

 

Subd. 9.  Virginia; Regional Public Safety Center and Training Facility

 

 

 

9,500,000

 

For a grant to the city of Virginia to acquire a site, demolish existing structures and prepare the site, and to predesign, design, construct, furnish, and equip a regional public safety center and


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training facility for the police and fire departments, emergency medical services, regional emergency services training, emergency operations, and other regional community needs.

 

Sec. 16.  TRANSPORTATION

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

 

 

$323,209,000

 

To the commissioner of transportation for the purposes specified in this section.

 

Subd. 2.  Local Road Improvement Fund Grants

 

 

 

75,000,000

 

From the bond proceeds account in the state transportation fund as provided in Minnesota Statutes, section 174.50, for eligible trunk highway corridor improvement projects under Minnesota Statutes, section 174.52, subdivision 2, for construction and reconstruction of local roads with statewide or regional significance under Minnesota Statutes, section 174.52, subdivision 4, or for grants to counties to assist in paying the costs of rural road safety capital improvement projects on county state-aid highways under Minnesota Statutes, section 174.52, subdivision 4a.  Of this appropriation, at least $5,000,000 is for projects on town roads.

 

Subd. 3.  Anoka County; East River Road

 

 

 

1,500,000

 

From the bond proceeds account in the state transportation fund as provided in Minnesota Statutes, section 174.50, for a grant to Anoka County to complete the preliminary engineering, environmental analysis, and final design of interchange construction and associated improvements to Anoka County State‑Aid Highway 1, known as East River Road, at marked Trunk Highway 610 in the city of Coon Rapids. 

 

Subd. 4.  Anoka County; Marked U.S.  Highway 10/169

 

 

8,400,000

 

From the bond proceeds account in the state transportation fund as provided in Minnesota Statutes, section 174.50, for a grant to Anoka County for environmental analysis, preliminary engineering, and final design for the interchanges on marked U.S. Highway 10/169 at County State-Aid Highway 56 (Ramsey Boulevard) and County State-Aid Highway 57 (Sunfish Lake Boulevard) and the associated railroad grade separations, frontage roads, backage roads, and connecting local streets to support the U.S. Highway 10/169 improvements in the city of Ramsey. 

 

Subd. 5.  Anoka County; Marked Trunk Highway 65 Interchange

 

 

 

1,500,000

 

From the bond proceeds account in the state transportation fund as provided in Minnesota Statutes, section 174.50, for a grant to Anoka County to complete preliminary engineering, environmental


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analysis, and final design of a grade separation and associated improvements to Anoka County State-Aid Highway 12, known as 109th Avenue, at marked Trunk Highway 65 in the city of Blaine.

 

Subd. 6.  Dakota County; Diffley Road

 

 

 

4,000,000

 

From the bond proceeds account in the state transportation fund as provided in Minnesota Statutes, section 174.50, for one or more grants to Dakota County, the city of Eagan, and Independent School District No. 196, Rosemount-Apple Valley-Eagan, to reconstruct Diffley Road between Lexington Avenue and Braddock Trail, and Daniel Drive at Diffley Road. 

 

Subd. 7.  Golden Valley; Douglas Drive and Highway 55

 

 

6,500,000

 

From the bond proceeds account in the state transportation fund as provided in Minnesota Statutes, section 174.50, for a grant to the city of Golden Valley to construct public safety improvements at the intersection of Douglas Drive and Highway 55, including a box culvert underpass across Highway 55, a roundabout and extended frontage road south of Highway 55, retaining wall construction, underground utility relocation, sidewalk and trail connections to existing facilities, Americans with Disabilities Act-compliant facilities, and landscaping.

 

Subd. 8.  Maple Grove; Trunk Highway 610 Local Road Improvements

 

 

 

13,000,000

 

From the bond proceeds account in the state transportation fund as provided in Minnesota Statutes, section 174.50, for a grant to the city of Maple Grove or Hennepin County, or both, in amounts determined by the commissioner to acquire right-of-way, predesign, design, engineer, and construct roadway connections between marked Trunk Highway 610 and I-94, and the extension to County Road 30 in Hennepin County.  The project includes completion of the update of the environmental impact statement with an environmental assessment for the project.

 

Subd. 9.  Oak Park Heights; Realignment of 60th Street

 

 

790,000

 

From the bond proceeds account in the state transportation fund as provided in Minnesota Statutes, section 174.50, for a grant to the city of Oak Park Heights to design, engineer, construct, furnish, and equip a realignment of 60th Street, lying south of State Highway 36, from Krueger Lane to a current service road east of Norell Avenue and west of Nova Scotia Avenue, including the installation of a roundabout at the intersection with Norell Avenue.  This project includes off-street trails and sidewalks, and public safety improvements, utility relocations and connections, trail connections, accessibility features, and landscaping and storm water management, all in conjunction with the realignment of 60th Street. 


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Subd. 10.  Ramsey County; I-35E and County Road J Interchange

 

 

 

1,500,000

 

From the bond proceeds account in the state transportation fund as provided in Minnesota Statutes, section 174.50, for a grant to Ramsey County to complete the preliminary engineering and environmental analysis for a full access interchange on County Road J at Interstate Highway 35E and associated improvements on County Road J supporting the interchange from Centerville Road to Otter Lake Road in the cities of North Oaks and Lino Lakes and White Bear Township.

 

Subd. 11.  Richfield; 77th Street Underpass

 

 

 

6,000,000

 

From the bond proceeds account in the state transportation fund as provided in Minnesota Statutes, section 174.50, for a grant to the city of Richfield for the extension of 77th Street under marked Trunk Highway 77/Cedar Avenue project in the city of Richfield.  This appropriation is added to the appropriation in Laws 2015, First Special Session chapter 5, article 1, section 10, subdivision 7, as amended by Laws 2017, First Special Session chapter 8, article 2, section 32.

 

Subd. 12.  Sartell; Local Roads

 

 

 

5,500,000

 

From the bond proceeds account in the state transportation fund as provided in Minnesota Statutes, section 174.50, for a grant to the city of Sartell for improvements to Scout Drive to 50th Avenue South.  Improvements include predesign, design, engineering, acquisition of right-of-way, replacement or repair of utilities, street reconstruction, and other improvements or upgrades related to street work.

 

Subd. 13.  Sibley County; Scenic Byway 6 Reconstruction

 

 

14,000,000

 

From the bond proceeds account in the state transportation fund as provided in Minnesota Statutes, section 174.50, for a grant to Sibley County to predesign, design, engineer, acquire right-of-way for, and construct improvements to Sibley County State-Aid Highway 6, known as Scenic Byway 6, to raise the road to meet the 50-year flood level, provide for a walking and bicycling lane, and reconstruct the intersection of Scenic Byway 6 and Sibley County State-Aid Highway 5.

 

Subd. 14.  Scott County; Highway 13 and Yosemite Interchange

 

 

 

$5,269,000

 

From the bond proceeds account in the state transportation fund as provided in Minnesota Statutes, section 174.50, for a grant to Scott County to acquire land, predesign, and design local road improvements, including accommodations for bicycles and


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pedestrians, to support a programmed interchange at the intersection of marked Trunk Highway 13 and Dakota Avenue in Savage.

 

Subd. 15.  Sherburne County; Zimmerman Interchange Project

 

 

 

2,000,000

 

From the bond proceeds account in the state transportation fund as provided in Minnesota Statutes, section 174.50, for a grant to Sherburne County for environmental analysis, preliminary engineering, and final design of the local road portions of the proposed interchange project at marked U.S. Highway 169 and Sherburne County State-Aid Highway 4 in Zimmerman.  Any money remaining upon completion of the design process may be used to acquire right-of-way needed for the local road portions of the interchange project.

 

Subd. 16.  Zumbrota; Jefferson Drive

 

 

 

3,000,000

 

From the bond proceeds account in the state transportation fund as provided in Minnesota Statutes, section 174.50, for a grant to the city of Zumbrota to predesign, design, and reconstruct a segment of Jefferson Drive and the adjacent trail in the city of Zumbrota, including a culvert extension, and replacement of or improvements to side street connections, pedestrian crossing facilities, storm sewer, drainage, sanitary sewer, and water lines. 

 

Subd. 17.  Local Bridge Replacement and Rehabilitation

 

 

30,000,000

 

From the bond proceeds account in the state transportation fund to match federal money and to replace or rehabilitate local deficient bridges as provided in Minnesota Statutes, section 174.50.

 

Subd. 18.  St. Paul; Third Street/Kellogg Boulevard Bridge

 

 

52,000,000

 

From the bond proceeds account in the state transportation fund as provided in Minnesota Statutes, section 174.50, for a grant to the city of St. Paul to demolish and remove the existing Third Street/Kellogg Boulevard bridge over the BNSF railroad, Commercial Street, and marked Interstate Highway 94, and for acquisition of right-of-way, design, construction engineering, and construction of a replacement bridge that includes multimodal elements for bicycles, pedestrians, vehicles, and mass transit.  This appropriation also may be used for any roadway approach reconstruction work identified within the project limits, including right-of-way acquisition, design, and construction engineering.

 

Subd. 19.  Safe Routes to School; Pedestrian and Bicycle Facilities

 

 

 

3,000,000

 

For grants under Minnesota Statutes, section 174.40.


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Subd. 20.  Rail Service Improvement

 

 

 

4,000,000

 

For rail service improvement grants under Minnesota Statutes, section 222.50.

 

Subd. 21.  Port Development Assistance

 

 

 

14,000,000

 

For grants under Minnesota Statutes, chapter 457A.  Any improvements made with the proceeds of these grants must be publicly owned.

 

Subd. 22.  Passenger Rail

 

 

 

3,000,000

 

(a) For intercity passenger rail implementation on Phase 1 corridors identified in the 2015 update to the state rail plan under Minnesota Statutes, section 174.03, subdivision 1b.  This appropriation is only for projects that are determined to be eligible for United States Department of Transportation funding.  $1,500,000 of this appropriation is for a project issued a Finding of No Significant Impact (FONSI) by the Federal Railroad Administration on a Tier 2 project level environmental assessment.

 

(b) Notwithstanding any law to the contrary, a portion or phase of an intercity passenger rail project may be accomplished with one or more state appropriations, and an intercity passenger rail project need not be completed with any one appropriation.  This appropriation is available for program delivery and capital improvements and betterments, including preliminary engineering, design, final engineering, environmental analysis and mitigation, acquisition of land and right-of-way, rail crossings and bridge improvements, station improvements, and railroad appurtenances.

 

(c) Projects may include the Northern Lights Express service between Minneapolis and St. Paul and Duluth, a second daily Amtrak train between Minneapolis and St. Paul and Chicago, and extension of the Northstar Commuter Rail service to St. Cloud.

 

Subd. 23.  Greater Minnesota Transit Capital Program

 

 

2,000,000

 

For capital assistance for publicly owned greater Minnesota transit systems to acquire property, predesign, design, construct, furnish, and equip transit capital facilities under Minnesota Statutes, section 174.24, subdivision 3c.

 

Subd. 24.  International Falls-Koochiching County Airport Improvements

 

 

 

1,800,000

 

For a grant to the International Falls-Koochiching County Airport Commission to provide for the nonfederal share of a project at International Falls Airport for land acquisition, predesign, design, and reconstruction of the runway, taxiway, and apron.


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Subd. 25.  Rochester International Airport Runway and Associated Improvements

 

 

 

11,400,000

 

(a) The following appropriations are for one or more grants to the city of Rochester for improvements to the Rochester International Airport in phases.  If any of these appropriations for a specified phase is not needed to complete that phase, the unexpended and unencumbered amount may be applied to another phase of the Rochester Airport project for which an appropriation is made in this subdivision.  Each appropriation for a phase is available when the commissioner of management and budget determines that an amount sufficient to complete that phase is committed to the project.

 

(b) $1,025,000 is appropriated for Phase 1, to reconstruct the middle portion of runway 2/20 and to construct associated grading and drainage improvements at the Rochester International Airport. 

 

(c) $3,400,000 is appropriated for Phase 2, for property acquisition; site mitigation; relocation of 31st Ave.  SW and County Road 30; utility and navigational aid repositioning; grading and drainage improvements; removal of taxiways; reconstruction of the southern portion of runway 2 and runway shoulders; and installation of lighting and signage at the Rochester International Airport.

 

(d) $4,100,000 is appropriated for Phase 3, to modify airport fencing; construct an extension of runway 2, taxiways, and shoulders; site preparation and grading; reconstruction of a portion of runway 2, taxiways, and shoulders; installation of lighting and signage at the Rochester International Airport; and acquire and install instrument approach improvements.

 

(e) $625,000 is appropriated for Phase 4, to construct improvements to taxiway B and shoulders, to make grading and drainage improvements, and to install lighting and signage at the Rochester International Airport. 

 

(f) $1,025,000 is appropriated for Phase 5, to demolish and reconstruct a portion of taxiway B and shoulders; to reposition navigational aids; for grading and drainage improvements; and to install lighting and signage at the Rochester International Airport.

 

(g) $1,225,000 is appropriated for Phase 6, to reconstruct taxiway and runway intersections; to remove taxiways A6, E, F, G, and a portion of runway 20; and to reconstruct taxiway D at the Rochester International Airport.

 

Subd. 26.  Thief River Falls; Airport

 

 

 

5,500,000

 

For a grant to the Thief River Falls Regional Airport Authority to predesign, design, construct, furnish, and equip a new cargo hangar building to include office space, a parking area, and connection to roadway and utilities.


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Subd. 27.  Rogers; Pedestrian and Bike Bridge

 

 

 

2,200,000

 

For a grant to the city of Rogers to acquire property for and to design and construct a pedestrian and bicycle bridge over marked Interstate Highway 94 approximately one mile northwest of the interchange at marked Trunk Highway 101.  This appropriation includes money for construction of a bituminous trail to connect to the existing trail system.

 

Subd. 28.  Shakopee; Highway 169 Pedestrian and Bicycle Overpass

 

 

 

2,000,000

 

For a grant to the city of Shakopee to acquire land or interests in land, predesign, design, engineer, and construct a pedestrian and bicycle overpass over marked Trunk Highway 169, and establish new trail segments, to connect the Southbridge neighborhood and Quarry Lake Park. 

 

Subd. 29.  Minnesota Valley Regional Rail Authority; Winthrop to Hanley Falls Improvements

 

 

 

10,000,000

 

For a grant to the Minnesota Valley Regional Rail Authority to rehabilitate a portion of the railroad track between Winthrop and Hanley Falls.  The grant under this subdivision may also be used for any required environmental analysis and remediation, predesign, design, and rehabilitation or replacement of bridges with new bridges or culverts between Winthrop and Hanley Falls.  A grant under this subdivision is in addition to any grant, loan, or loan guarantee for this project made by the commissioner under Minnesota Statutes, sections 222.46 to 222.62.  This appropriation is in addition to the appropriations under Laws 2006, chapter 258, section 16, subdivision 6; Laws 2008, chapter 179, section 16, subdivision 5; Laws 2009, chapter 93, article 1, section 11, subdivision 4; Laws 2010, chapter 189, section 15, subdivision 5; Laws 2015, First Special Session chapter 5, article 1, section 10, subdivision 4; Laws 2017, First Special Session chapter 8, article 1, section 15, subdivision 7; and Laws 2018, chapter 214, article 1, section 16, subdivision 4.

 

Subd. 30.  Northfield; Regional Transit Hub

 

 

 

1,750,000

 

For a grant to the city of Northfield to acquire real property; prepare the site, including any environmental remediation; and predesign, design, construct, furnish, and equip a regional transit hub, including a pavilion, railroad quiet zone safety improvements, and trail connections.

 

Subd. 31.  Albert Lea; Highway 65 Flood Mitigation

 

 

 

800,000

 

For a grant to the city of Albert Lea for preliminary design, final design, right-of-way acquisition if needed, environmental remediation, site preparation, including demolition of existing


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buildings and structures deemed undesirable for storm water drainage ponds, soil excavation and disposal, lining of pond, retaining walls, and storm sewer drainage systems, and construction of storm water drainage ponds and storm water drainage systems for city storm water drainage in connection with the marked U.S. Highway 65 flood mitigation project in Albert Lea.  The flood mitigation project is to raise the roadway above flood levels.

 

Subd. 32.  Chisago County; U.S.  Highway 8 Reconstruction

 

 

 

8,000,000

 

(a) For a grant to Chisago County to predesign, design, engineer, and construct a reconstruction of marked U.S. Highway 8 from Karmel Avenue in Chisago City to Interstate 35 and pedestrian and bike trails along and crossings of this portion of U.S. Highway 8.  This reconstruction may include expanding segments of U.S. Highway 8 to four lanes, constructing or reconstructing frontage roads and backage roads, and realigning local roads to consolidate, remove, and relocate access onto and off of U.S. Highway 8.  This appropriation is for the portion of the project that is eligible for use of proceeds of general obligation bonds.  This appropriation is available until the project is completed or abandoned.

 

(b) Amounts planned by the Department of Transportation for the resurfacing of U.S. Highway 8, as reflected in MnDOT's Metro District Ten-Year Capital Highway Investment Study 2020-2029, shall instead be applied to the reconstruction of U.S. Highway 8 to supplement appropriations for that purpose from any fund in this section.

 

Subd. 33.  Henderson; Trunk Highway 93 to U.S.  Highway 169 Reconstruction

 

 

 

1,800,000

 

For projects eligible for general obligation bond proceeds that are associated with the reconstruction of marked Trunk Highway 93 from Henderson to marked U.S. Highway 169, to raise the roadway elevation and prevent closures due to river flooding.

 

Subd. 34.  Olmsted County; Trunk Highway 14 and County Road 104 Interchange Construction

 

 

 

6,000,000

 

For general obligation bond eligible portions of a project to predesign, design, engineer, construct, furnish, and equip an interchange at marked Trunk Highway 14 and County Road 104, including a flyover at 7th Street NW, in Olmstead County, and associated infrastructure and road work to accommodate the interchange.


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Subd. 35.  Washington County; Interchange at Highway 36 and County Road 15

 

 

 

3,000,000

 

From the bond proceeds account in the state transportation fund as provided in Minnesota Statutes, section 174.50, for a grant to Washington County for engineering and property and easement acquisition, in conjunction with an interchange at marked Trunk Highway 36 and County State-Aid Highway 15, known as Manning Avenue, in Washington County. 

 

Subd. 36.  Koochiching County; CSAH 24 Rail Grade Separation

 

 

 

3,000,000

 

For a grant to Koochiching County to acquire land for and to predesign, design, engineer, and construct a rail grade crossing separation where County State-Aid Highway 24 crosses Canadian National railroad tracks near the cities of Ranier and International Falls.

 

Subd. 37.  Red Wing; Rail Grade Separation

 

 

 

10,000,000

 

From the bond proceeds account in the state transportation fund as provided in Minnesota Statutes, section 174.50, for a grant to the city of Red Wing for right-of-way acquisition, environmental analysis, design, engineering, removal of an existing structure, and construction of a rail grade crossing separation at Sturgeon Lake Road.  This appropriation is in addition to the appropriation for the same purpose in Laws 2017, First Special Session chapter 8, article 1, section 15, subdivision 4.

 

Sec. 17.  METROPOLITAN COUNCIL

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

 

 

$87,900,000

 

To the Metropolitan Council for the purposes specified in this section.

 

Subd. 2.  Metropolitan Cities Inflow and Infiltration Grants

 

 

 

5,000,000

 

For grants to cities within the metropolitan area, as defined in Minnesota Statutes, section 473.121, subdivision 2, for capital improvements in municipal wastewater collection systems to reduce the amount of inflow and infiltration to the Metropolitan Council's metropolitan sanitary sewer disposal system.  Grants from this appropriation are for up to 50 percent of the cost to mitigate inflow and infiltration in the publicly owned municipal wastewater collection systems.  To be eligible for a grant, a city must be identified by the council as a contributor of excessive inflow and infiltration in the metropolitan disposal system or have a measured flow rate within 20 percent of its allowable


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council‑determined inflow and infiltration limits.  The council must award grants based on applications from cities that identify eligible capital costs and include a timeline for inflow and infiltration mitigation construction, pursuant to guidelines established by the council.

 

Subd. 3.  Metropolitan Regional Parks and Trails

 

 

 

5,000,000

 

For the cost of improvements and betterments of a capital nature and acquisition by the council and local government units of regional recreational open-space lands in accordance with the council's policy plan as provided in Minnesota Statutes, section 473.147.  This appropriation must not be used to purchase easements.

 

Subd. 4.  Bus Rapid Transit Lines

 

 

 

55,000,000

 

For design, engineering, right-of-way acquisition, and construction of the B line bus rapid transit line between Minneapolis and St. Paul, and the D line bus rapid transit line between Brooklyn Center and Bloomington.  To the extent money remains after the B line and D line projects are completed, this appropriation is also for preliminary design, design, and engineering of the E line bus rapid transit from Minneapolis to Southdale Transit Center.

 

Subd. 5.  Carver County; Lake Waconia

 

 

 

2,500,000

 

For a grant to Carver County to design, construct, and equip a waterfront pavilion with restrooms and a concession building, and to design, construct, and equip utility connections at Lake Waconia Regional Park.

 

Subd. 6.  Dakota County; Veterans Memorial Greenway

 

 

5,000,000

 

For a grant to Dakota County to construct improvements for the Veterans Memorial Greenway, including memorials, a community gathering space, and a new trail connection between Lebanon Hills Regional Park and the Mississippi River.

 

Subd. 7.  Minneapolis Park and Recreation Board; Mississippi River Trail Connection at 26th Avenue North

 

 

 

3,000,000

 

(a) For a grant to the Minneapolis Park and Recreation Board to design and construct a trail connection paralleling the Mississippi River between 26th Avenue North and the Minneapolis Grand Rounds at Ole Olson Park, all within Above the Falls Regional Park.  This appropriation is intended to augment work being completed by the city of Minneapolis to reconstruct and create a multimodal corridor beginning at Theodore Wirth Regional Park and extending east to the Mississippi River along 26th Avenue North.


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(b) All project lighting must follow the International Dark Sky Community Program guidelines, published June 2018, and follow best practices for bird-safe lighting.  The height of any beacon light must comply with the Minneapolis shoreland overlay district ordinance governing height of structures.  A beacon light must be off from March 15 to May 31 and August 15 to October 31 each year, and off between the hours of 11 p.m. and 6 a.m. at all other times of the year.  All lighting must be shielded and use bird-safe light colors.

 

Subd. 8.  Ramsey County; Battle Creek Winter Recreation Area

 

 

 

1,800,000

 

For a grant to Ramsey County for design and construction of a Nordic ski competition and winter recreation area to include a 2.5 kilometer cross-country ski trail loop, upgrades to utilities and other park infrastructure, and a marker commemorating the Olympic accomplishments of Minnesotan Jessie Diggins in Battle Creek Regional Park.

 

Subd. 9.  St. Paul; Como Zoo

 

 

 

1,000,000

 

For a grant to the city of St. Paul to improve and replace outdated mechanical systems and other building structural components to achieve greater energy efficiency at Como Zoo.

 

Subd. 10.  St. Paul; Wakan Tipi

 

 

 

1,000,000

 

For a grant to the city of St. Paul for the Wakan Tipi Center project.  The city may enter into a lease or management agreement under Minnesota Statutes, section 16A.695.  This appropriation is added to the appropriation for the Nature Sanctuary Visitor Center in Laws 2018, chapter 214, article 1, section 17, subdivision 6, and is for the same purposes. 

 

Subd. 11.  Three Rivers Park District; Mississippi Gateway

 

 

5,000,000

 

For a grant to Three Rivers Park District to predesign, design, and engineer improvements to the Mississippi Gateway Regional Park, and to construct a canopy walkway and playground development, pedestrian trail connections, landscape restoration and enhancements, and habitat restoration.

 

Subd. 12.  White Bear Lake Communities; Lake Links Trail

 

 

 

3,600,000

 

For grants to complete design and construction of a multiuse paved trail and route for pedestrians, bicycles, and wheelchairs around White Bear Lake in Ramsey and Washington Counties, as follows:


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(1) $2,600,000 of this appropriation is for a grant to the city of Dellwood in Washington County to design, engineer, construct, and equip trail improvements consistent with the completed preliminary engineering along or parallel with the shore of White Bear Lake between the Mahtomedi city limits and the western line of Washington County;

 

(2) $500,000 of this appropriation is for a grant to White Bear Township in Ramsey County to design, engineer, construct, and equip trail improvements along and parallel with the shore of White Bear Lake between the Washington County line and the city limits of the city of White Bear Lake, Ramsey County; and

 

(3) $500,000 of this appropriation is for a grant to the city of White Bear Lake in Ramsey County to design, engineer, construct, and equip trail improvements along or parallel with the shore of White Bear Lake between the eastern city limits of White Bear Lake and Pacific Avenue.

 

Sec. 18.  HUMAN SERVICES

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

 

 

$27,409,000

 

To the commissioner of administration, or other named entity, for the purposes specified in this section.

 

Subd. 2.  Asset Preservation

 

 

 

8,000,000

 

For asset preservation improvements and betterments of a capital nature at Department of Human Services facilities statewide, to be spent in accordance with Minnesota Statutes, section 16B.307.

 

Subd. 3.  St. Peter Regional Treatment Center Campus - Phase 2

 

 

 

1,794,000

 

To design the second phase of a multiphase project to develop additional residential, program, activity, and ancillary facilities for the Minnesota sex offender program on the lower campus of the St. Peter Regional Treatment Center. 

 

Subd. 4.  Child and Adolescent Behavioral Health Services Facility

 

 

 

1,750,000

 

For design, construction, and furnishing of a large motor activity and ancillary space for the Child and Adolescent Behavioral Health Hospital.  The appropriation also includes money for design and construction of a small maintenance shed, courtyard interiors, a parking lot, playground equipment, and landscaping activities.


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Subd. 5.  Regional Behavioral Health Crisis Facilities Grant Program

 

 

 

10,000,000

 

To the commissioner of human services for regional behavioral health crisis facilities grants under Minnesota Statutes, section 245G.011.

 

Subd. 6.  St. Louis Park; Perspectives Family Center

 

 

 

4,500,000

 

To the commissioner of human services for a grant to the city of St. Louis Park to construct, furnish, and equip the expansion and renovation of the existing Perspectives Family Center facility in St. Louis Park subject to Minnesota Statutes, section 16A.695.  The expanded and renovated facility must be used to promote the public welfare by providing any or all of the following programs and services:  (1) supportive housing programs for homeless women and their children; (2) mental and chemical health programs; (3) employment services; (4) academic, social skills, and nutritional programs for homeless and at-risk children; (5) an all-day therapeutic early childhood development program for homeless and at-risk children; and (6) a culturally sensitive safe and nurturing environment for at-risk children to meet with their nonresidential parents. 

 

Subd. 7.  St. Louis County; Regional Behavioral Health Crisis Facility

 

 

 

1,365,000

 

To the commissioner of human services for a grant to St. Louis County for a regional behavioral health crisis facility.  This appropriation is in addition to and for the same purposes as the grant awarded to the county under Minnesota Statutes, section 245G.011.

 

Sec. 19.  VETERANS AFFAIRS

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

 

 

$8,450,000

 

To the commissioner of administration for the purposes specified in this section.

 

Subd. 2.  Asset Preservation

 

 

 

8,000,000

 

For asset preservation improvements and betterments of a capital nature at the veterans homes in Minneapolis, Hastings, Fergus Falls, Silver Bay, and Luverne, and the Little Falls Cemetery, to be spent in accordance with Minnesota Statutes, section 16B.307.

 

Subd. 3.  Fergus Falls Veterans Home Greenhouse

 

 

 

100,000

 

To design, construct, and equip a new greenhouse at the Minnesota Veterans Home in Fergus Falls.


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Subd. 4.  Martin County; Veterans Memorial

 

 

 

350,000

 

For a grant to Martin County to design and construct a memorial to those who have served in the military of the United States of America and those who have died in the line of duty. 

 

Sec. 20.  CORRECTIONS

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

 

 

$44,498,000

 

To the commissioner of administration for the purposes specified in this section.

 

Subd. 2.  Asset Preservation

 

 

 

25,000,000

 

For asset preservation improvements and betterments of a capital nature at Minnesota correctional facilities statewide, to be spent in accordance with Minnesota Statutes, section 16B.307. 

 

Subd. 3.  Minnesota Correctional Facility - Willow River

 

 

1,877,000

 

To design, construct, and equip a communications system to accommodate a new radio tower, a microwave system, electrical and data connectivity, and an environmentally controlled, secure structure to house the communications equipment at the Minnesota Correctional Facility - Willow River.

 

Subd. 4.  Minnesota Correctional Facility - Faribault

 

 

 

954,000

 

To predesign and design the construction and renovation of new and existing buildings at the Minnesota Correctional Facility - Faribault, in order to upgrade the minimum security housing unit (Dakota Building) and expand offender programming space.

 

Subd. 5.  Minnesota Correctional Facility - St. Cloud

 

 

 

800,000

 

To design, renovate, construct, equip, and install a new fire suppression system in Living Units A, B, and C at the Minnesota Correctional Facility - St. Cloud.  This installation includes but is not limited to cells, common areas, and control areas and must comply with all applicable codes.

 

Subd. 6.  Minnesota Correctional Facility - Stillwater

 

 

 

2,600,000

 

To design, renovate, construct, equip, and install a fire suppression system in four living units at the Minnesota Correctional Facility - Stillwater.  This installation includes but is not limited to the cells, common areas, and control areas in Buildings 3, 5, 9, and 12 and must comply with all applicable codes.


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Subd. 7.  Minnesota Correctional Facility - Togo

 

 

 

2,600,000

 

To design, construct, and equip a new sewer treatment system at the Minnesota Correctional Facility - Togo.  The system includes but is not limited to settling ponds, pumping stations, and other underground infrastructure improvements associated with the sewer system complying with all Pollution Control Agency and code requirements.  As part of the project, the existing septic system/drain field shall be decommissioned.

 

Subd. 8.  Arrowhead Regional Corrections Joint Powers Board

 

 

 

3,250,000

 

For a grant to the Arrowhead Regional Corrections Joint Powers Board to renovate, remodel, and complete other capital improvements to buildings that support vocational, educational, and farm work programming and experiences at the Northeast Regional Corrections Center.

 

Subd. 9.  Carlton County; Regional Corrections Facility

 

 

2,000,000

 

For a grant to Carlton County for predesign and design of a corrections facility providing emphasis on serving as a regional facility for female offenders.  This statewide demonstration project shall address current state requirements of parity in serving male and female offenders under Minnesota Statutes, section 241.70, subdivision 1, and will use the Sequential Intercept Model to improve service and system-level responses for adults with mental and substance abuse disorders in the criminal justice system.

 

Subd. 10.  Martin County Justice Center

 

 

 

2,167,000

 

For a grant to Martin County for site preparation, predesign, and design of a new county justice center to provide space for functions related to the county justice system, which may include the county jail, courtrooms, court offices and related purposes, offices for the sheriff and other law enforcement personnel, county and state corrections, the county attorney, dispatch, and emergency management. 

 

Subd. 11.  Prairie Lake Youth JPB; School and Recreation Center

 

 

 

2,500,000

 

For a grant to the Prairie Lake Youth Joint Powers Board to predesign, design, construct, furnish, and equip an indoor recreation and educational building adjoining the current building for the Prairie Lakes Youth Program.

 

Subd. 12.  Winona County Jail

 

 

 

750,000

 

For a grant to Winona County to acquire land for a new county jail.


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Subd. 13.  Unspent Appropriations

 

 

 

 

 

The unspent portion of an appropriation for a Department of Corrections project in this section that is complete, upon written notice to the commissioner of management and budget, is available for asset preservation under Minnesota Statutes, section 16B.307.  Minnesota Statutes, section 16A.642, applies from the date of the original appropriation to the unspent amount transferred.

 

Sec. 21.  EMPLOYMENT AND ECONOMIC DEVELOPMENT

 

 

 

 

Subdivision 1.  Total Appropriation

 

 

 

$150,241,000

 

To the commissioner of employment and economic development, or other named entity, for the purposes specified in this section.

 

Subd. 2.  Greater Minnesota Business Development Public Infrastructure

 

 

 

10,000,000

 

For grants under Minnesota Statutes, section 116J.431.

 

Subd. 3.  Innovative Business Development Public Infrastructure

 

 

 

2,000,000

 

For grants under Minnesota Statutes, section 116J.435.

 

Subd. 4.  Transportation Economic Development Infrastructure

 

 

 

3,000,000

 

For grants under Minnesota Statutes, section 116J.436.

 

Subd. 5.  Workforce Center; Asset Preservation

 

 

 

642,000

 

To the commissioner of administration for asset preservation improvements and betterments of a capital nature at the South Minneapolis CareerForce location to be spent in accordance with Minnesota Statutes, section 16B.307.

 

Subd. 6.  Alexandria; Runestone Community Center Expansion

 

 

 

5,600,000

 

For a grant to the city of Alexandria to design, construct, furnish, and equip an expansion and renovation of the Runestone Community Center in Alexandria.

 

Subd. 7.  Annandale; Infrastructure Improvements

 

 

 

4,090,000

 

For a grant to the city of Annandale for predesign, design, construction, and replacement or renovation of street, storm sewer, sanitary sewer, water main, and other capital improvements that


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are made necessary by, or are most economically completed if performed at the same time as, road work on marked Trunk Highways 24 and 55 in the city of Annandale.

 

Subd. 8.  Becker; Business Park Public Infrastructure

 

 

 

20,500,000

 

For a grant to the city of Becker to acquire land, predesign, design, construct, furnish, and equip public infrastructure, including water, sanitary sewer, storm sewer and drainage systems, roads, and lighting for a business park in the city of Becker.  A portion of the water infrastructure for the business park will be installed in Becker Township.

 

Subd. 9.  Becker County; Museum

 

 

 

1,850,000

 

For a grant to Becker County to predesign, design, construct, furnish, and equip a new county museum facility. 

 

Subd. 10.  Champlin:  Mississippi Point Park Improvements

 

 

3,450,000

 

For a grant to the city of Champlin to predesign, design, acquire, install, construct, furnish, and equip capital improvements in Mississippi Point Park, including an Americans with Disabilities Act (ADA) accessible boat docking system and picnic pavilion.

 

Subd. 11.  Chatfield; Center for the Arts

 

 

 

8,700,000

 

For a grant to the city of Chatfield economic development authority to predesign, design, renovate, construct, furnish, and equip the Chatfield Center for the Arts in the city of Chatfield, which is generally described as the renovation of the 1916 high school and the installation of a linking structure and related improvements to serve both the 1936 auditorium building and the 1916 school building.  The renovation includes interior, exterior, and amenity improvements within the high school building; improvements to the electrical, plumbing, and HVAC systems throughout the property; and general improvements to the buildings and land that are known as the Chatfield Center for the Arts, currently owned by the economic development authority.

 

Subd. 12.  Crookston; Colborn Property Development

 

 

895,000

 

For a grant to the city of Crookston for development of the southern end of the city limits commonly known as the Colborn Property.  This appropriation includes money for construction of roads and storm water infrastructure, for site preparation, and for other improvements of publicly owned infrastructure.

 

Subd. 13.  Deephaven; Northome Avenue Bridge

 

 

 

750,000

 

For a grant to the city of Deephaven to predesign, design, construct, furnish, and equip a bridge to carry Northome Avenue over a pedestrian and bike trail in the city of Deephaven.


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Subd. 14.  Duluth; Seawall and Surface Improvements

 

 

 

13,500,000

 

For a grant to the city of Duluth to predesign, design, construct, furnish, and equip seawall and lakewalk infrastructure with related surface improvements, including a boardwalk and bike trails, public gathering spaces, and loading areas, along the shore of Lake Superior in the city of Duluth.  This appropriation may also be used for demolition and removal of existing seawall and lakewalk structures.

 

Subd. 15.  Duluth; Lake Superior Zoo

 

 

 

204,000

 

For a grant to the city of Duluth to predesign and design the renovation or replacement of the Main Building at the Lake Superior Zoo.

 

Subd. 16.  Ellsworth; City Hall and Public Works Shop

 

 

 

1,000,000

 

For a grant to the city of Ellsworth to prepare the site, predesign, design, construct, furnish, and equip a city hall with a multipurpose room and a public works shop, to replace the city hall and public works buildings destroyed by fire in January 2019. 

 

Subd. 17.  Eveleth; Buildings Renovation

 

 

 

1,000,000

 

For a grant to the city of Eveleth to predesign, design, construct, renovate, and equip capital improvements and betterments to the city hall/police station, the Carnegie library, the fire/ambulance hall, the Hippodrome ice arena, and the city auditorium.  The improvements include renovation or replacement of HVAC systems, roof replacement, installation of carbon monoxide and nitrogen dioxide detection systems, exterior masonry restoration, and renovation of public restrooms.

 

Subd. 18.  Fergus Falls; Riverfront Corridor

 

 

 

1,000,000

 

For a grant to the city of Fergus Falls for construction of a downtown riverfront corridor improvement project including an amphitheater, river market, public arts space, interactive water components, and related publicly owned infrastructure and amenities. 

 

Subd. 19.  Grand Rapids; IRA Civic Center

 

 

 

5,000,000

 

For a grant to the city of Grand Rapids for the design, construction, and equipping of capital improvements to the IRA Civic Center.  This appropriation includes money for replacement of the truss/roof structure, replacement of the facility's existing ice‑making system, and other improvements and betterments of a capital nature for health, safety, and Americans with Disabilities Act (ADA) compliance. 


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Subd. 20.  Hastings; City Hall

 

 

 

2,000,000

 

For a grant to the city of Hastings for repairs, construction, and other capital improvements necessary for renovation of the historic City Hall in Hastings.  This appropriation includes money for repairs of the dome and roofing, HVAC improvements, repairs to the interior walls and exterior masonry of the building, site regrading, and project management. 

 

Subd. 21.  Hennepin County; Avivo

 

 

 

1,700,000

 

For a grant to Hennepin County for Phase 1 of the Avivo regional career and employment center project in Minneapolis, subject to Minnesota Statutes, section 16A.695.  Phase 1 includes geotechnical and environmental investigation, demolition, and site work; predesign and design of the renovation and expansion of a building; and predesign and design for the replacement of or improvements to building systems on the Avivo campus, including HVAC, mechanical, electrical, and accessibility improvements.

 

Subd. 22.  Hibbing; Mine View "Window to the World"

 

 

1,300,000

 

For a grant to the city of Hibbing to construct the mine view "Windows to the World" facility on the Susquehanna mine dump.

 

Subd. 23.  Litchfield; Wellness Center

 

 

 

5,000,000

 

(a) For a grant to the city of Litchfield to acquire land for and to predesign, design, construct, furnish, and equip a community wellness/recreation center that will include a gymnasium and general fitness spaces, a dedicated walking section, a community room, and any locker rooms and mechanical equipment needed for future additions to the facility.

 

(b) This appropriation is not available until the commissioner of employment and economic development has determined that the school district and the city have entered into an agreement that addresses the city's and school district's relative contributions to the project and the operations and use of the facilities.  The city may enter into a lease or management agreement with the school district.

 

Subd. 24.  Minneapolis; Central City Storm Tunnel

 

 

 

16,000,000

 

For a grant to the city of Minneapolis for design and construction necessary to expand the Central City Storm Tunnel in Minneapolis.

 

Subd. 25.  Minneapolis; Outdoor Performance Venue

 

 

5,000,000

 

(a) For a grant to the city of Minneapolis to predesign and design a new outdoor music performance venue on the Upper Harbor site along the Mississippi River in North Minneapolis.  The venue will


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accommodate approximately 7,000 to 10,000 people in a combination of temporary seating or standing room.  A portion of the venue will be designed to allow it to be enclosed for smaller events on a year-round basis.

 

(b) The city may operate the outdoor music venue directly or enter into a lease or management agreement with a for-profit or a nonprofit operator, subject to Minnesota Statutes, section 16A.695.  The lease or management agreement must provide for a program of free use of the venue that will benefit the adjacent North Minneapolis community and that will be curated and controlled by a North Minneapolis community-based partner.

 

(c) The city of Minneapolis contract with the developer of the project or the lease or management agreement, or both, must identify community benefits from the development, construction, management, operation, and maintenance of the venue intended to benefit the adjacent communities, including benefits related to procurement, employment, sustainability, and other commitments from the operator of the venue.

 

Subd. 26.  New Ulm; German Park Amphitheater

 

 

 

300,000

 

For a grant to the city of New Ulm for site work, including terracing and landscaping, and to design and construct capital improvements, including accessibility improvements to comply with the Americans with Disabilities Act (ADA), necessary for replacement of the amphitheater in German Park. 

 

Subd. 27.  Orono; Big Island Park

 

 

 

300,000

 

For a grant to the city of Orono to predesign, design, construct, furnish, and equip improvements at Big Island Park, including a picnic area, trails and trail gates, restrooms, permanent seating, and interpretive panels.

 

Subd. 28.  Pipestone County; Dental Facility

 

 

 

250,000

 

For a grant to Pipestone County to predesign, design, construct, furnish, and equip a dental care facility in Pipestone County.  This appropriation is in addition to the appropriation for the same purpose in Laws 2018, chapter 214, article 1, section 21, subdivision 18.  This project is not subject to the requirements of Minnesota Statutes, section 16B.325.

 

Subd. 29.  Plymouth; Plymouth Creek Center

 

 

 

5,000,000

 

For a grant to the city of Plymouth to predesign, design, construct, furnish, and equip the renovation and expansion of the Plymouth Creek Center.


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Subd. 30.  Proctor; Salt Shed

 

 

 

500,000

 

For a grant to the city of Proctor to predesign, design, and construct a salt shed to replace the condemned salt shed on the river front. 

 

Subd. 31.  Roseville; Guidant John Rose OVAL

 

 

 

3,900,000

 

For a grant to the city of Roseville to predesign, design, construct, furnish, and equip the renovation of the Guidant John Rose Minnesota OVAL.  The project includes the building, building systems, and facilities.

 

Subd. 32.  Steele County; Fairgrounds Electrical Improvements

 

 

 

750,000

 

For a grant to Steele County to construct underground electrical infrastructure at the Steele County Fairgrounds.

 

Subd. 33.  St. Cloud; Municipal Athletic Complex

 

 

 

10,000,000

 

For a grant to the city of St. Cloud to design, construct, furnish, and equip improvements to the municipal athletic complex to serve as a regional field sport and ice sport facility.  This appropriation includes money for a locker room and training addition to the ice arena, mechanical upgrades, reconstruction of Dick Putz Field, and for renovation of Joe Faber Field to correct drainage.  This appropriation may not be used to acquire and install artificial turf or to construct the west lobby.

 

Subd. 34.  St. Joseph; Jacob Wetterling Recreation Center

 

 

1,050,000

 

For a grant to the city of St. Joseph for Phase 1 of the St. Joseph Community Center project.  Phase 1 is to predesign and design a recreation center as an addition to the former school building purchased by the city to be repurposed as a community center.

 

Subd. 35.  St. Louis County; Heritage and Arts Center

 

 

 

1,500,000

 

For a grant to St. Louis County for asset preservation of the St. Louis County Heritage and Arts Center, also known as the Depot, in Duluth.  The project includes improvements to the life‑safety elements of the building and to restore exterior building envelope integrity.

 

Subd. 36.  St. Paul; Humanities Center

 

 

 

750,000

 

For a grant to the city of St. Paul for asset preservation of the Minnesota Humanities Center's main facility, including capital improvements for building envelope, foundation, and structural integrity; and for mechanical systems upgrades, including heating,


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ventilation, and cooling, subject to Minnesota Statutes, section 16A.695.  This appropriation is added to the appropriation in Laws 2018, chapter 214, article 1, section 21, subdivision 25.

 

Subd. 37.  St. Paul; Playwrights' Center

 

 

 

850,000

 

For a grant to the city of St. Paul to predesign and design the playwrights center facility in St. Paul for use as a comprehensive play development program and workshop facility. 

 

Subd. 38.  St. Paul; Victoria Theater

 

 

 

1,000,000

 

For a grant to the city of St. Paul to acquire property located at 825 University Avenue West, and to predesign, design, construct, furnish, and equip the renovation of the historic Victoria Theater, to serve as a regional multicultural community and event center.  This appropriation includes money for:  demolition work; improvements to or replacement of the mechanical, electrical, plumbing, heating, ventilating, and air conditioning systems; repairs to the existing roof and exterior enclosure; site improvements; construction or renovation of interior spaces; and other improvements of a capital nature.  The city of St. Paul may enter into a lease or management agreement with a nonprofit organization for this facility under Minnesota Statutes, section 16A.695.

 

Subd. 39.  St. Paul; Hmong Cultural Plaza, Phalen Regional Park

 

 

 

300,000

 

(a) For a grant to city of St. Paul for construction of Phase II of the Saint Paul - Changsha China Friendship Garden, at the Hmong Cultural Plaza, in Phalen Regional Park. 

 

(b) In implementing the project, the city, or any entity with which the city contracts for implementation of the project, must hire and retain for the life of the project residents of the adjacent communities in living wage jobs, improve environmental conditions of the project site, use clean and efficient energy sources, and work with Hmong cultural leaders and artists to ensure that traditional Hmong landscaping and building practices are used to help tell the story of the Minnesota Hmong experience.

 

Subd. 40.  Wadena; Access Road

 

 

 

1,300,000

 

For a grant to the city of Wadena to acquire a permanent easement for and to predesign, design, engineer, and construct an access road just northeast of 11th Street Northwest in Wadena, going from marked Trunk Highway 10 to the new hospital complex.


Journal of the House - 3rd Day - Monday, July 20, 2020 - Top of Page 256

Subd. 41.  Western Lake Superior Sanitary District; Engine Generators

 

 

 

6,750,000

 

For a grant to the Sanitary Board of the Western Lake Superior Sanitary District to design and construct engine generators as part of the combined heat and power system to capture and process heat and generate electricity for use at the Western Lake Superior Sanitary District wastewater treatment facilities. 

 

Subd. 42.  Willernie; Public Infrastructure

 

 

 

160,000

 

For a grant to the city of Willernie to replace the roof of the city hall, and, if any money is remaining, for capital improvements in conjunction with the Washington County road 12 project, including replacing and extending the sidewalk, replacement of a water main, and moving or removing a retaining wall.

 

Subd. 43.  Wright County; Dental Care Facility

 

 

 

1,400,000

 

For a grant to Wright County to predesign, design, construct, furnish, and equip a dental care facility.  The dental care facility will be constructed in a building constructed for this purpose by the county on the Wright County Government Center campus in the city of Buffalo.  The county may enter into an agreement under Minnesota Statutes, section 16A.695, for operation of the dental clinic.

 

Sec. 22.  PUBLIC FACILITIES AUTHORITY