SF 5384

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/09/2024 09:37am

A bill for an act
relating to local government; requiring cities and counties to create policies
regarding homeless encampments; proposing coding for new law in Minnesota
Statutes, chapter 465.

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

Section 1.

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

new text begin Subdivision 1. new text end

new text begin Local policies regarding unsheltered homeless individuals. 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 housing, service, and culturally specific
needs of homeless individuals; 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 96 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, Somali, Hmong, 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. The city or county
shall provide language access services if the city or county knows an individual in the site
has language access needs unlikely to be met through the posting of a written notice. When
the decision to clear the site of a homeless encampment is made and prior to posting the
notice required under this paragraph, the law enforcement agency shall inform the local
community health board and the local or Tribal agency that delivers social services to
homeless individuals at the location of the notice. The local or Tribal agency may arrange
for social services staff 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:
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new text begin (1) where unclaimed personal property will be stored;
new text end

new text begin (2) a telephone number that individuals may call to ask questions about the storage of
their property, including a telephone number to call to determine where unclaimed personal
property will be stored if no location for storage was selected at the time the notice was
posted;
new text end

new text begin (3) the telephone numbers and locations of shelter facilities with beds available at the
time the notice is generated;
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new text begin (4) the telephone numbers and locations of social services agencies and local nonprofits
that can provide services or housing supports to displaced individuals; and
new text end

new text begin (5) the date and time the notice was posted.
new text end

new text begin (c) If a funeral service is scheduled with fewer than 96 hours' notice at a cemetery with
a camping site or a camping site is established at the cemetery less than 96 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 due to extreme weather events or urgent public
health emergencies. 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 or Tribal agency that delivers social services to homeless
individuals, a social services staff person, 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 120 days during which it must be available during the normal
business hours of the city to any individual claiming ownership. Any personal property that
remains unclaimed for 120 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:
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new text begin (1) items that have no apparent financial, cultural, or sentimental value or utility or are
in a condition that might cause harm, injury, or illness to persons transporting, cataloging,
or storing the items may be discarded immediately; and
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new text begin (2) unlicensed or illegal weapons, controlled substances other than properly labeled
prescription medication, and items that appear to be evidence of a crime shall be given to
or retained by the local law enforcement agency, subject to the requirements of section
626.04.
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, social services staff, and any
individuals removed from the site who desire to attend must meet within 30 days of the
removal to discuss whether the removal occurred in a just and humane manner and if any
changes to the removal policies should be considered.
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 (i) Prior to posting the notice required under paragraph (a), law enforcement agencies
must estimate the number of individuals in the camping site and provide the estimate to
local nonprofit organizations and social services agencies. Law enforcement agencies must
not obstruct the access of nonprofit organizations and social services agencies to the camping
site during the notice period.
new text end