HF 4225

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/10/2022 03:41pm

A bill for an act
relating to local government; requiring local governments to create policies
regarding homeless encampments; amending Minnesota Statutes 2020, section
160.27, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapter 465.

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

Section 1.

Minnesota Statutes 2020, section 160.27, is amended by adding a subdivision
to read:

new text begin Subd. 10a. new text end

new text begin Agreements relating to property removed from state-owned land. new text end

new text begin (a)
The commissioner may enter into an agreement with a statutory or home rule charter city
or county that has a population of 50,000 or more for the city or county to manage removal,
storage, and disposition of personal property deposited, left, or displayed on property that
is under the jurisdiction of the department.
new text end

new text begin (b) An intergovernmental agreement entered into under this subdivision must conform
with the requirements for local government policy for removal of homeless individuals and
personal property under section 465.91, except that, in circumstances where written notice
is required prior to removal under section 465.91, the notices described in section 465.91
must be posted 48 hours before removal.
new text end

new text begin (c) In addition to the requirements described in paragraph (b), an intergovernmental
agreement entered into under this subdivision must include the following:
new text end

new text begin (1) requirements for posting notice before the removal of personal property, including
but not limited to the following:
new text end

new text begin (i) that the notice is created using durable materials and securely posted within 30 feet
of the personal property to be removed;
new text end

new text begin (ii) that the notice must provide the date the notice begins and the date upon which the
city or county may begin removing personal property; and
new text end

new text begin (iii) that the notice must provide a description of:
new text end

new text begin (A) how an individual may access personal property that is removed and stored; and
new text end

new text begin (B) the length of time the city or county will store personal property before the city or
county disposes of it;
new text end

new text begin (2) a requirement that the notice expires ten days after the city or county posts the notice;
new text end

new text begin (3) a severe weather protocol regarding the weather conditions under which the city or
county will not remove personal property;
new text end

new text begin (4) provisions related to the inventory and storage of personal property to be removed;
new text end

new text begin (5) provisions related to the city or county relinquishing unclaimed personal property
after the storage period to the designated agent of the city or county; and
new text end

new text begin (6) provisions related to when the city or county will provide impact reduction services,
such as trash collection.
new text end

new text begin (d) Before a city or county either adopts an intergovernmental agreement under this
subdivision or changes an existing agreement, the county or city shall invite public comment
on the proposed agreement or the proposed changes to the agreement.
new text end

Sec. 2.

new text begin [465.91] LOCAL GOVERNMENT POLICIES REGARDING HOMELESS
ENCAMPMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Local policies regarding homeless encampments. new text end

new text begin (a) All cities and
counties shall:
new text end

new text begin (1) develop a policy that recognizes the differing aspects of homeless individuals camping
on public property; and
new text end

new text begin (2) implement the policy as developed, to ensure the most humane treatment for removal
of homeless individuals from camping sites on public property.
new text end

new text begin (b) A policy developed pursuant to this section must conform to, but is not limited to,
the provisions in subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Policy requirements. new text end

new text begin (a) Except as provided in paragraph (d), at least 72 hours
before removing homeless individuals from an established camping site, the local law
enforcement agency with jurisdiction over the camping site shall post a conspicuous notice,
written in English, Spanish, and any other language known to be spoken by a significant
number of the individuals living at the camping site, at all entrances to the camping site to
the extent that the entrances can reasonably be identified. When the notice is posted, the
law enforcement agency shall inform the local community health board and the local agency
that delivers social services to homeless individuals of the location of the notice. The local
agency may arrange for outreach workers to visit the camping site where a notice is posted
to assess the need for social service assistance in arranging shelter and other assistance.
new text end

new text begin (b) At a camping site where written notice is required prior to removal pursuant to this
section, the written notice shall state:
new text end

new text begin (1) where unclaimed personal property will be stored;
new text end

new text begin (2) a phone number that individuals may call to find out where the property will be
stored; or
new text end

new text begin (3) if a permanent storage location has not yet been determined, the address and phone
number of an agency that will have the information when available.
new text end

new text begin (c) If a funeral service is scheduled with less than 72 hours' notice at a cemetery with a
camping site, or a camping site is established at the cemetery less than 72 hours before the
scheduled service, the written notice required under paragraph (a) must be posted 24 hours
before removing homeless individuals from the camping site.
new text end

new text begin (d) The notice requirement under paragraph (a) shall not apply when the mayor of a city
or the administrative head or at-large chair of a county makes the determination, in
consultation with public health officials, that the camp poses a risk of imminent harm or
danger to encampment residents or others. Conditions endemic to homeless encampments
do not constitute a risk of imminent harm or danger. After making this determination, the
city or county must work with state and local agencies to develop an emergency response
plan to extricate encampment residents in a safe and dignified manner.
new text end

new text begin (e) Whether or not written notice is required prior to removal under this section, all
personal property at the camping site that remains unclaimed after removal shall be given
to a law enforcement official, a local agency that delivers social services to homeless
individuals, an outreach worker, a local agency official, or a person authorized to issue a
citation described in paragraph (h). The unclaimed personal property must be stored in a
facility located in the same community as the camping site from which it was removed. The
property must be stored in an orderly fashion, keeping items that belong to an individual
together to the extent that ownership can reasonably be determined. The property must be
stored for a minimum of 30 days during which it must be reasonably available to any
individual claiming ownership. Any personal property that remains unclaimed for 30 days
may be disposed of or donated to a nonprofit corporation established under chapter 317A
and in compliance with chapter 317A.
new text end

new text begin (f) The requirements in paragraph (e) for storage of personal property are subject to the
following exceptions:
new text end

new text begin (1) items that have no apparent value or utility or are in an unsanitary condition may be
discarded immediately; and
new text end

new text begin (2) weapons, controlled substances other than properly labeled prescription medication,
and items that appear to be either stolen or evidence of a crime shall be given to or retained
by the local law enforcement agency.
new text end

new text begin (g) Following the removal of homeless individuals from a camping site on public
property, the law enforcement officials, local agency officials, and outreach workers may
meet to assess the notice and removal policy, to discuss whether the removals are occurring
in a humane and just manner and to determine if any changes are needed in the policy.
new text end

new text begin (h) A person authorized to issue a citation for unlawful camping or loitering on public
land under state law, administrative rule, or city or county ordinance may not issue the
citation if the citation would be issued within 200 feet of a notice required under this section
and within two hours before or after the notice was posted.
new text end

new text begin Subd. 3. new text end

new text begin Preemption by more protective local policies. new text end

new text begin Any law or policy of a city or
county that offers greater protections to homeless individuals subject to removal from an
established camping site preempts contrary provisions of this section.
new text end