Metro Cities News 2/16/24

 

In This Issue:

 

Committees Hear School Resource Officer Legislation

HF 3489 (Frazier) was heard this week in two House committees and one Senate committee. The bill was heard in the House Education Policy Committee on Monday and House Public Safety Committee on Tuesday.

The bill is the result of work by stakeholders to address concerns on a law change in 2023 that prohibited school resource officers (SROs) from using certain holds except when necessary to prevent bodily harm or death to the student being restrained or another individual in the school. The new law led to several agencies pulling their SROs out of schools.

HF 3489 does the following:

  • Defines the term “school resource officer and removes SROs from the category of an “agent of the school,” making it clear they are not employees of the district and that they are not present for school disciplinary purposes.
  • Clarifies SROs’ ability to use force under existing statute (Minn. Stat. § 609.06)
  • Specifies duties for SROs.
  • Requires SRO training for peace officers assigned to serve in that capacity.
  • Requires the Board of Peace Officer Standards and Training (POST Board) to develop an SRO training course.
  • Requires the POST Board to develop a model policy in consultation with several stakeholder groups.
  • Requires any law enforcement agency with a school resource officer program to adopt and implement policies based on the POST Board’s model policy.
  • Includes the authority for the POST Board to impose licensing sanctions and seek injunctive relief for failure to comply with the requirements in the bill.

Click HERE for a summary of HF 3489, as introduced. An amendment was adopted by the House Public Safety Committee to make clear that SROs have the authority to perform other duties as a peace officer including the ability to intervene in non-criminal, caretaker situations. City associations and law enforcement groups have requested in written and verbal testimony for the word “shall” to be changed to “may” where SRO duties are listed in the bill. Metro Cities signed onto a joint letter with other city organizations that was submitted to committees in hearings on the bill.

HF 3489 was scheduled to be heard in the House Ways and Means Committee this past Wednesday but was laid over in the Public Safety Committee. The Senate companion, SF 3534 (Westlin) was heard in the Senate Education Policy Committee on Wednesday and is scheduled to be heard in the Senate Judiciary and Public Safety Committee on Monday, February 19.

Contact Mike Lund at [email protected] or 651-215-4003 with any questions.

 

Metropolitan Council Approves 2024 LCA Fund Distribution Plan

On Wednesday, the Metropolitan Council approved full funding for the 2024 Livable Communities Act Fund Distribution Plan. The action by the Council included an amendment to fully fund all LCA programs for 2024, following action by the Community Development Committee meeting to pause funding for two LCA programs. Metro Cities submitted a letter opposing the proposed pause in funding and expressed concerns that the action was taken without a specific plan or timeline to review programs.

At the Metropolitan Council meeting this week, an amendment was brought forward and adopted to fund all programs for 2024. Council members discussed hearing from individual cities and Metro Cities about concerns with pausing funding, and also discussed their interest in reviewing the LCA grant programs this year, in partnership with Metro Cities and metropolitan city officials. Council members would like to discuss barriers to participation in the LCA, trends in the geographic distribution of funds, and increasing local participation. Metro Cities’ policies support the LCA programs, flexible criteria, and efforts to increase access and participation. Metro Cities will work with the Metropolitan Council to review LCA programs. Stay tuned for additional information.

If you have any questions, please contact Ania McDonnell at [email protected] or Patricia Nauman at [email protected].

 

Engagement Opportunities on PFAS Rulemaking

The Minnesota Pollution Control Agency (MPCA) is planning public engagement in 2024 for rulemaking related to Minnesota’s new PFAS use prohibitions, fees, and reporting passed in 2023. The MPCA is planning to host at least three webinars to discuss key issues in their rulemaking. Dates for these webinars have not yet been identified.

The MPCA is also convening two working groups to give the agency a chance to hold more focused conversations with subject matter experts. One group will be comprised of technical experts from regulated parties and the other will bring together members from academia, regulators from other jurisdictions, nonprofits representatives, and others.

Proposed rules will be open for at least sixty days of public review and comment after the Notice of Intent to Adopt, expected in 2025. Rulemaking may also involve a public hearing and post-hearing comments before adoption. Click HERE to sign up for the PFAS rulemaking email list to stay informed.

Contact Mike Lund at [email protected] or 651-215-4003 with any questions.

 

Bills of Note

Each week, Metro Cities publishes introduced bills that are of interest and significance for metropolitan cities. Below are bills that have been introduced thus far. Metro Cities encourages city officials to note these bills, several of which have implications for local authority and decision making. Metro Cities anticipates a number of preemption bills this session, and will be highlighting these for city officials as we advocate for preserving local decision making at the Capitol.

HF 3345, Jordan/SF 3677, Fateh: Bill repeals the prohibition on local plastic bag bans.

HF 3350, Stephenson: Bill limits rent increases for seniors in certain low-income rental projects receiving low-income housing tax credits.

HF 3351, Kraft/SF 3538, Port: Bill authorizes expedited rulemaking to allow a single exit stairway to serve multifamily residential structures under certain circumstances.

HF 3368, Hansen, R./SF 3393, Hawj: Bill requires that money not be spent from the metropolitan landfill contingency action trust account without local government (county) notification and approval.

HF 3377, Hansen, R./SF 3507, Hawj: Bill appropriates funds from the environment and natural resources trust fund and makes modifications to previous appropriations.

HF 3381, Stephenson: Bill requires cities, towns, and school district general elections to be conducted on the first Tuesday after the first Monday in November of an even-numbered year, but permits cities of the first class to hold elections in even or odd years.

HF 3412, Fischer: Bill modifies water appropriation priorities to include hospitals, nursing homes, schools, child care facilities, and higher education.

HF 3414, Coulter: Bill clarifies what local lodging taxes apply to and makes changes to the law regarding the collection of lodging taxes.

HF 3436, Tabke: MnDOT technical policy bill.

HF 3439, Rehm: Bill amends the State Building Code to require electric vehicle charging infrastructure in all new residential buildings that provide on-site parking facilities.

HF 3450, Brand: Bill modifies the job creation fund.

HF 3459, Feist/SF 3516, Fateh: Bill limits government (including local government) participation in federal civil immigration enforcement efforts.

HF 3467, Koegel: Bill authorizes the MnDOT commissioner to convey property for and to promote the use of passenger rail services.

HF 3468, Coulter/SF 3572, Fateh: Bill prohibits minimum parking mandates statewide.

HF 3489, Frazier/SF 3534, Westlin: Bill makes a number of changes to the law passed last year regarding student resource officers (SROs).

HF 3502, Knudsen/SF 3738, Utke: Bill allows for home-based businesses in residential dwellings and articulates certain restrictions on a municipality’s ability to regulate them.

HF 3513, Feist: Bill prohibits government entities from requesting or obtaining reverse-location information.

HF 3516, Moller: Bill authorizes oral fluid testing as a preemployment alternative for drug, alcohol, and cannabis testing by employers.

HF 3523, Davids: Bill repeals the moratorium on local option sales and use taxes.

HF 3527, Greenman: Bill establishes the Minnesota Voting Rights Act, and prohibits political subdivisions or other officials from suppressing or diluting the vote.

HF 3536, Elkins: Bill establishes housing and water as metropolitan system plans.

HF 3545, Norris/SF 3662, Oumou Verbeten: Bill appropriates money to address juvenile crime in the metropolitan area.

HF 3548, Smith/SF 3418, Boldon: Bill creates a minimum LGA city aid distribution for cities of the first class. The bill also increases the total aid payable amount.

HF 3549, Smith/SF 3417, Boldon: Bill creates a minimum LGA city aid distribution for cities of the first class. The bill also increases the total aid payable amount.

HF 3582, Lee, F./SF 3782, Pappas: Bill requires local governments to establish a replacement fund to maintain and replace capital projects that receive state funding.

HF 3584, Lee, F./SF 3784, Pappas: Bill requires the reporting of debt capacity by political subdivisions in capital budget submissions.

HF 3588, Lee, F.: Bill provides for the transition to zero-emission transit buses and appropriates funding.

HF 3591, Agbage/SF 3492, Mohamed: Bill amends residential housing leases and landlord and tenant rights and obligations, makes clarifying and technical changes to landlord and tenant provisions.

HF 3593, Agbaje/SF 3551, Boldon: Bill establishes a down payment assistance program for the purchase of cooperative housing and establishes an affordable housing cooperative technical assistance program.

HF 3594, Sencer-Mura/SF 3526, Mohamed: Bill authorizes all cities to designate lands for pedestrian malls on city rights-of-way.

HF 3615, Quam: Bill establishes a pilot program to issue grants to local law enforcement agencies to purchase equipment to respond to active shooters in schools.

HF 3634, Huot: Bill limits a municipality’s ability to regulate battery-charged security fences, creates statewide standards for these fences.

HF 3640, Her: Bill prohibits discrimination based on source of income. 

HF 3644, Coulter/SF 3501, Boldon: Bill establishes a working group on local candidate campaign finance reporting.

HF 3645, Coulter/SF 3499, Boldon: Bill amends local candidate financial report requirements, and makes several other campaign finance changes.

SF 3647, Boldon/HF 2943, Agbaje: Bill establishes a locally controlled housing fund, and appropriates funding.

HF 3658, Robbins/SF 3672, Limmer: Bill requires cities to purchase insurance for property damage claims.

HF 3672, Pinto/SF 3583, Westlin: Bill repeals the state preemption of local units of government regulating firearms.

HF 3692, Hassan: Bill modifies requirements for contract for deeds between investor sellers and purchasers of residential real property.

HF 3703, Brand/SF 3605, Dibble: Bill appropriates $200 million in bonds for the Local Road Improvement Program and $200 million in bonds for the Local Bridge Replacement and Rehabilitation Program.

HF 3731, Jordan/SF 3728, McEwen: Bill provides for the recovery of waste heat from wastewater treatment operations.

HF 3738, Lee, F./SF 3796, Kunesh: Bill appropriates money for community tree planning.

HF 3752, Hansen, R./SF 3644, Xiong: Bill appropriates $15 million in bonds for metropolitan cities inflow and infiltration grants.

HF 3776, Hansen, R.: Bill provides for the removal of Metropolitan Council members for cause, council member term limits, a council vice-chair, member salaries, and annual performance reviews of the regional administrator.

HF 3800, Norris: Bill provides for the organization and operation of housing cooperatives for seniors, low- and moderate-income people and limited equity cooperatives and leasing cooperatives for designated members.

HF 3810, Moller/SF 3748, Gustafson: Bill prohibits a landlord from initiating an eviction action against a tenant who terminates a lease based on status as a crime victim and modifies expungements of eviction records.

HF 3828, Perryman: Bill authorizes third-party testing by transit operators.

HF 3843, Agbaje/SF 3769, Putnam: Bill requires landlords to accept a tenant's individual taxpayer identification number in lieu of a Social Security number.

HF 3846, Hassan: Bill modifies community wealth-building grant program pilot project.

HF 3848, Lislegard: Bill provides for annual inflation and population adjustment for LGA.

HF 3851, Frazier: Bill prohibits consent searches by peace officers.

HF 3857, Hollins/SF 3802, Marty: Bill makes technical amendments to catalytic converter statutes passed in 2023.

HF 3858, Rehm: Bill makes changes to a number of active transportation policies.

HF 3892, Witte: Bill addresses School Resource Officer concerns resulting from legislation passed in 2023.

SF 3396, Klein: Bill authorizes cities to issue off-sale malt liquor licenses to food retailers.

SF 3413, Fateh: Bill establishes protections for TNC drivers and creates requirements for TNCs.

SF 3417, Boldon/HF 3549, Smith: Bill creates minimum city aid distributions.

SF 3418, Boldon/HF 3548, Smith: Bill creates a minimum city aid distribution.

SF 3485, Morrison: Bill establishes a fire services consolidation working group.

SF 3541, McEwen: Bill repeals the prohibition on local plastic bag bans.

SF 3571, Fateh: Bill provides tenants with remedies related to new construction delays.

SF 3640, Duckworth: Bill addresses School Resource Officer concerns resulting from legislation passed in 2023.

SF 3641, Duckworth: Bill modifies provisions for reasonable force standards in schools.

SF 3642, Duckworth: Bill modifies provisions for prone restraints, other holds, and use of force standards in schools.

SF 3643, Duckworth: Bill repeals 2023 laws concerning use of prone restraints, other holds, and use of force standards in schools.

SF 3679, McEwen: Bill imposes a luxury vehicle surcharge on the sale of certain motor vehicles.

SF 3685, Howe: Bill appropriates $11 million in bond proceeds to DPS for the replacement of ARMER radio communication towers and equipment buildings.

SF 3763, Jasinski: Bill appropriates $25 million in bonds for the small cities assistance account.

SF 3775, Jasinski: Bill appropriates $250 million in bonds for the Local Road Improvement Program and $150 million for the Local Bridge Replacement and Rehabilitation Program.

SF 3778, Jasinski: Bill appropriates $100 million in bonds for the Corridors of Commerce Program.

SF 3786, Pappas: Bill appropriates $15 million in bonds for metropolitan regional parks and trails.

SF 3803, Miller: Bill legalizes sports betting and prohibits local restrictions.

 

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