HF 1870

as introduced - 88th Legislature (2013 - 2014) Posted on 02/25/2014 01:27pm

A bill for an act
relating to state government; modifying laws governing certain executive
branch advisory groups; amending Minnesota Statutes 2012, sections 299A.62,
subdivision 2; 299A.63, subdivision 2; 611A.32, subdivision 2; 611A.33;
611A.35; 629.342, subdivision 2; repealing Minnesota Statutes 2012, sections
243.93; 299C.156; 299M.02; 611A.34.

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

Section 1.

Minnesota Statutes 2012, section 299A.62, subdivision 2, is amended to read:

Subd. 2.

Awarding grant.

Grants under this section shall be awarded by the
commissioner of public safety. deleted text begin Before any grants are awarded, a committee consisting
of the attorney general, and representatives from the Minnesota Chiefs of Police
Association, the Minnesota Sheriffs Association, and the Minnesota Police and Peace
Officers Association, shall evaluate the grant applications. Before grants are awarded,
the commissioner shall meet and consult with the committee concerning its evaluation
of and recommendations on grant proposals. deleted text end A grant under subdivision 1, paragraph
(b), clause (1), may be awarded only to a law enforcement agency that demonstrates in
its application that it currently has a need for an additional officer to be assigned to: (1)
community-oriented policing duties; or (2) the investigation and prevention of juvenile
crime, based on the juvenile crime rate in the area over which the agency has jurisdiction.
More than one grant under subdivision 1, paragraph (b), clause (1), may be awarded to
an agency; however, each grant may fund only one position. At least 50 percent of the
grants awarded under subdivision 1, paragraph (b), clause (1), must be awarded to the
cities of Minneapolis and St. Paul.

Sec. 2.

Minnesota Statutes 2012, section 299A.63, subdivision 2, is amended to read:

Subd. 2.

Awarding grant.

The commissioner of public safety shall act as fiscal
agent for the grant program and shall be responsible for receiving applications for grants
and awarding grants under this section. deleted text begin Before any grants are awarded, a committee
consisting of the attorney general, and representatives from the Minnesota Chiefs of Police
Association, the Minnesota Sheriffs Association, and the Minnesota Police and Peace
Officers Association, shall evaluate the grant applications. Before grants are awarded, the
commissioner shall meet and consult with the committee concerning its evaluation of and
recommendations on grant proposals. deleted text end At least 50 percent of the grants awarded under this
section must be awarded to the cities of Minneapolis and St. Paul.

Sec. 3.

Minnesota Statutes 2012, section 611A.32, subdivision 2, is amended to read:

Subd. 2.

Applications.

Any public or private nonprofit agency may apply to the
commissioner for a grant to provide emergency shelter services to battered women,
support services to domestic abuse victims, or both, to battered women and their children.
The application shall be submitted in a form approved by the commissioner by rule
adopted under chapter 14, deleted text begin after consultation with the advisory council, deleted text end and shall include:

(1) a proposal for the provision of emergency shelter services for battered women,
support services for domestic abuse victims, or both, for battered women and their children;

(2) a proposed budget;

(3) the agency's overall operating budget, including documentation on the retention
of financial reserves and availability of additional funding sources;

(4) evidence of an ability to integrate into the proposed program the uniform method
of data collection and program evaluation established under deleted text begin sections deleted text end new text begin section new text end 611A.33
deleted text begin and 611A.34 deleted text end ;

(5) evidence of an ability to represent the interests of battered women and domestic
abuse victims and their children to local law enforcement agencies and courts, county
welfare agencies, and local boards or departments of health;

(6) evidence of an ability to do outreach to unserved and underserved populations
and to provide culturally and linguistically appropriate services; and

(7) any other content the commissioner may require by rule adopted under chapter
14, after considering the recommendations of the advisory council.

Programs which have been approved for grants in prior years may submit materials
which indicate changes in items listed in clauses (1) to (7), in order to qualify for renewal
funding. Nothing in this subdivision may be construed to require programs to submit
complete applications for each year of renewal funding.

Sec. 4.

Minnesota Statutes 2012, section 611A.33, is amended to read:

611A.33 DUTIES OF COMMISSIONER.

The commissioner shall:

(1) review applications for and award grants to a program pursuant to section
611A.32, subdivision 1 deleted text begin , after considering the recommendation of the advisory council deleted text end ;

(2) deleted text begin appoint the members of the advisory council created under section 611A.34, and
provide consultative staff and other administrative services to the advisory council;
deleted text end

deleted text begin (3) after considering the recommendation of the advisory council, deleted text end appoint a program
director to perform the duties set forth in section 611A.35;

deleted text begin (4) deleted text end new text begin (3) new text end design and implement a uniform method of collecting data on domestic abuse
victims to be used to evaluate the programs funded under section 611A.32;

deleted text begin (5) deleted text end new text begin (4) new text end provide technical aid to applicants in the development of grant requests and
provide technical aid to programs in meeting the data collection requirements established
by the commissioner; and

deleted text begin (6) deleted text end new text begin (5) new text end adopt, under chapter 14, all rules necessary to implement the provisions
of sections 611A.31 to 611A.36.

Sec. 5.

Minnesota Statutes 2012, section 611A.35, is amended to read:

611A.35 ADVISORY COUNCIL ON BATTERED WOMEN AND DOMESTIC
ABUSE PROGRAM DIRECTOR.

The commissioner shall appoint a program director. deleted text begin In appointing the program
director the commissioner shall give due consideration to the list of applicants submitted
to the commissioner pursuant to section 611A.34, subdivision 3, clause (3). deleted text end The program
director shall administer the funds appropriated for sections 611A.31 to 611A.36 deleted text begin , consult
with and provide staff to the advisory council, deleted text end and perform other duties related to battered
women's and domestic abuse programs as the commissioner may assign. The program
director shall serve at the pleasure of the commissioner in the unclassified service.

Sec. 6.

Minnesota Statutes 2012, section 629.342, subdivision 2, is amended to read:

Subd. 2.

Policies required.

(a) By July 1, 1993, each law enforcement agency
shall develop, adopt, and implement a written policy regarding arrest procedures for
domestic abuse incidents. In the development of a policy, each law enforcement agency
shall consult with domestic abuse advocates, community organizations, and other law
enforcement agencies with expertise in the recognition and handling of domestic abuse
incidents. The policy shall discourage dual arrests, include consideration of whether
one of the parties acted in self defense, and provide guidance to officers concerning
instances in which officers should remain at the scene of a domestic abuse incident until
the likelihood of further imminent violence has been eliminated.

(b) The Bureau of Criminal Apprehension deleted text begin , deleted text end new text begin and new text end the Board of Peace Officer Standards
and Training, deleted text begin and the Advisory Council on Battered Women and Domestic Abuse
appointed by the commissioner of corrections under section 611A.34, deleted text end in consultation with
the Minnesota Chiefs of Police Association, the Minnesota Sheriffs Association, and the
Minnesota Police and Peace Officers Association, shall develop a written model policy
regarding arrest procedures for domestic abuse incidents for use by local law enforcement
agencies. Each law enforcement agency may adopt the model policy in lieu of developing
its own policy under the provisions of paragraph (a).

(c) Local law enforcement agencies that have already developed a written policy
regarding arrest procedures for domestic abuse incidents before July 1, 1992, are not
required to develop a new policy but must review their policies and consider the written
model policy developed under paragraph (b).

Sec. 7. new text begin CLARIFICATION OF CONTINUED EXISTENCE.
new text end

new text begin This section clarifies that the groups listed in this section did not expire June 30,
2009. Actions taken by the groups listed in this section and public funds spent on behalf
of these groups since June 30, 2009, are valid:
new text end

new text begin (1) Automobile Theft Prevention Advisory Board, created in Minnesota Statutes,
section 65B.84, subdivision 4; and
new text end

new text begin (2) Fire Service Advisory Committee, created in Minnesota Statutes, section
299F.012, subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies retroactively to June 30, 2009.
new text end

Sec. 8. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, sections 243.93; 299C.156; 299M.02; and 611A.34, new text end new text begin are
repealed.
new text end