HF 4207

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/22/2024 02:55pm

A bill for an act
relating to public safety; modifying 911 mental health services; providing for civil
liability; amending Minnesota Statutes 2022, section 403.03, subdivision 1, by
adding subdivisions.

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

Section 1.

Minnesota Statutes 2022, section 403.03, subdivision 1, is amended to read:

Subdivision 1.

Emergency response services.

(a) Services available through a 911
system must include police, firefighting, and emergency medical and ambulance services.
Other emergency and civil defense services may be incorporated into the 911 system at the
discretion of the public agency operating the public safety answering point.

(b) In addition to ensuring an appropriate response under paragraph (a), the 911 system
shall include a referral to mental health crisis teams new text begin as primary responders new text end , where available. new text begin
Mental health crisis teams are as defined in section 256B.0624, subdivision 4.
new text end

Sec. 2.

Minnesota Statutes 2022, section 403.03, is amended by adding a subdivision to
read:

new text begin Subd. 1a. new text end

new text begin Recognizing mental health crisis calls. new text end

new text begin Every public safety answering point
must maintain a program for the identification of a person in need of mental health crisis
services by either:
new text end

new text begin (1) providing each 911 telecommunicator with training by an academic institution or a
nationally recognized instruction in the recognition of mental health crises calls and use of
an evidence-based protocol or script; or
new text end

new text begin (2) employing mental health practitioners as defined in section 245I.04, subdivision 4,
to screen calls for the need for mental health crisis services.
new text end

Sec. 3.

Minnesota Statutes 2022, section 403.03, is amended by adding a subdivision to
read:

new text begin Subd. 1b. new text end

new text begin Monitoring and enforcing mental health crisis response requirements. new text end

new text begin The
Statewide Emergency Communications Board shall adopt protocols to ensure that operators
of every public safety answering point comply with subdivision 1.
new text end

Sec. 4.

Minnesota Statutes 2022, section 403.03, is amended by adding a subdivision to
read:

new text begin Subd. 5. new text end

new text begin Civil remedies. new text end

new text begin (a) A government entity responsible for operating a public
safety answering point and that violates any provision of this section is liable to a person
or representative of a decedent who suffers any damage as a result of the violation, and the
person damaged or a representative of a decedent may bring an action against the government
entity to cover any damages sustained, plus costs and reasonable attorney fees. In the case
of a willful violation, the government entity shall, in addition, be liable for exemplary
damages of not less than $1,000, nor more than $15,000 for each violation. The state is
deemed to have waived any immunity to a cause of action brought under this section.
new text end

new text begin (b) A government entity that either prevents mental health crisis teams from being
dispatched as primary responders or that interferes with the ability of the teams to perform
their duties is liable to a person or representative of a decedent who suffers any damage as
a result of that action.
new text end

new text begin (c) A government entity that violates or proposes to violate this section may be enjoined
by the district court. The court may make any order or judgment as may be necessary to
prevent the use or employment by a person of any practices that violate this section.
new text end

new text begin (d) An action filed pursuant to this section may be commenced in the county in which
the individual alleging damage or seeking relief resides, the county where the political
subdivision exists, or, in the case of the state, any county.
new text end

new text begin (e) The court shall award reasonable attorney fees to a prevailing plaintiff who has
brought an action under this subdivision.
new text end

Sec. 5.

Minnesota Statutes 2022, section 403.03, is amended by adding a subdivision to
read:

new text begin Subd. 6. new text end

new text begin Personal liability for failure to comply. new text end

new text begin (a) The head of any government entity
responsible for operating a public safety answering point who intentionally violates this
section shall be subject to personal liability in the form of a civil penalty in an amount not
to exceed $1,000 for a single occurrence that may not be paid by the public body.
new text end

new text begin (b) An action to enforce the penalty in paragraph (a) may be brought by a person in any
court of competent jurisdiction where the administrative office of the governing body is
located.
new text end

new text begin (c) If the person designated in paragraph (a) is an elected official and has been found to
have intentionally violated this section in three or more actions brought under this section
involving the same public safety answering point, that person shall forfeit any further right
to serve in the same elected position or in any other capacity with that public body for a
period of time equal to the term of office the person was serving.
new text end

new text begin (d) The court determining the merits of an action in connection with any alleged third
violation shall receive competent and relevant evidence in connection with that violation
and, upon finding as to the occurrence of a separate third violation, unrelated to the previous
violations, issue its order declaring the position vacant and notify the appointing authority
or clerk of the governing body. As soon as practicable, the appointing authority or the
governing body shall fill the position as in the case of any other vacancy.
new text end

new text begin (e) In addition to other remedies, the court may award reasonable costs, disbursements,
and reasonable attorney fees to any party in an action under this subdivision.
new text end

new text begin (f) The court may award costs and attorney fees to a defendant only if the court finds
that the action under this chapter was frivolous and without merit.
new text end

new text begin (g) A public body may pay any costs, disbursements, or attorney fees incurred by or
awarded against any of its members in an action under paragraph (c).
new text end