HF 5105

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/04/2024 09:41pm

A bill for an act
relating to transportation; establishing requirements on encampments in trunk
highway rights-of-way; proposing coding for new law in Minnesota Statutes,
chapter 161.

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

Section 1.

new text begin [161.436] ENCAMPMENTS.
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new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
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new text begin (b) "Encampment policies" means the policies and procedures established under this
section.
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new text begin (c) "Usable personal property" means tangible personal property, excluding an item that
has no apparent value or utility or is in an unsanitary condition.
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new text begin Subd. 2. new text end

new text begin Encampment policies and procedures. new text end

new text begin (a) In conformance with this section,
the commissioner must establish policies and associated procedures on unauthorized
encampments of homeless individuals within trunk highway rights-of-way.
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new text begin (b) The encampment policies must:
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new text begin (1) recognize and maintain the inherent dignity of homeless individuals;
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new text begin (2) ensure humane treatment of individuals in the course of activities related to
encampments and encampment removal; and
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new text begin (3) provide for respectful, safe, effective, and environmentally sound actions.
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new text begin Subd. 3. new text end

new text begin General requirements. new text end

new text begin The encampment policies must include:
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new text begin (1) requirements on training topics for department staff and any contractors;
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new text begin (2) methods to perform site assessments and identify site conditions;
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new text begin (3) procedures for notice to and coordination with (i) local units of government with
jurisdiction, and (ii) relevant organizations that provide referrals and delivery of social
services;
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new text begin (4) strategies on outreach that provide for referrals and on-site social services engagement,
including but not limited to short-term housing support and services for individuals with
substance use disorders or mental or behavioral health disorders;
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new text begin (5) requirements on site maintenance, including as provided under subdivision 6;
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new text begin (6) subject to subdivision 4, a process for notification to encampment occupants prior
to any encampment removal;
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new text begin (7) subject to subdivision 5, procedures on management, storage, and retrieval of usable
personal property and disposal of unclaimed personal property;
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new text begin (8) requirements on use of contractors;
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new text begin (9) documentation of actions;
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new text begin (10) data collection on locations and circumstances of encampments; and
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new text begin (11) a process for after-action review following an encampment removal.
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new text begin Subd. 4. new text end

new text begin Notice. new text end

new text begin Notification to encampment occupants provided prior to encampment
removal must:
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new text begin (1) be provided at least 72 hours in advance of removing any individuals or usable
personal property;
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new text begin (2) be posted in a conspicuous manner at the site entrances;
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new text begin (3) be written using plain language in English, Spanish, and any other language known
to be spoken by a significant number of the encampment occupants; and
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new text begin (4) specify the location where usable personal property will be stored or, if the location
has not been determined, contact information for an agency or organization that can direct
individuals to the location once the location has been determined.
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new text begin Subd. 5. new text end

new text begin Management of personal property. new text end

new text begin (a) Usable personal property removed
from an encampment must be:
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new text begin (1) stored for at least 30 days in a facility located in the same community as the
encampment site;
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new text begin (2) organized in a manner that keeps each individual's possessions together, to the extent
that ownership can be reasonably identified or anticipated; and
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new text begin (3) reasonably made accessible and provided to an individual who claims ownership.
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new text begin (b) The requirements under paragraph (a) do not apply to weapons, items that appear to
be stolen or evidence of a crime, or controlled substances other than properly labeled
prescription medication.
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new text begin Subd. 6. new text end

new text begin Health and welfare response. new text end

new text begin (a) The encampment policies must establish
criteria that initiate a health and welfare response for an encampment as provided in this
subdivision. The criteria must specify a response initiation threshold based on at least one
of the following: length of time since encampment establishment; the estimated population
residing at the site; level of activity at the site; the geographic area of the encampment; or
other relevant factors identified by the commissioner.
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new text begin (b) If the criteria under paragraph (a) are met for an encampment, the commissioner
must commence health and welfare response activities that promote public health and general
welfare of individuals at the encampment site. At a minimum, the activities must include:
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new text begin (1) establishment and maintenance of portable toilets;
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new text begin (2) establishment and maintenance of hand washing stations; and
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new text begin (3) waste management for garbage, refuse, and other solid waste.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective November 1, 2024.
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