HF 1540

as introduced - 87th Legislature (2011 - 2012) Posted on 04/18/2011 09:53am

A bill for an act
relating to public safety; enhancing security in the Capitol Area; creating new
authorities and stipulating responsibilities; authorizing bonding; appropriating
money; proposing coding for new law in Minnesota Statutes, chapter 299E.

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

Section 1.

new text begin [299E.05] CAPITOL AREA SECURITY COORDINATOR AND
ADVISORY COMMITTEE.
new text end

new text begin Subdivision 1. new text end

new text begin Policy. new text end

new text begin The legislature recognizes and declares the following facts,
principles, and conclusions with regard to security in the Minnesota State Capitol Area.
new text end

new text begin (a) The United States and the state of Minnesota comprise a free and democratic
society in which the effective, efficient, and participatory functioning of government
fundamentally depends upon high citizen access, as well as effective security, at all times.
new text end

new text begin (b) Within the area of the State Capitol Area, the goals of open access to government
and security may tend to conflict and, thus, must be balanced with one another.
new text end

new text begin (c) While the most effective security measure at any place and time inheres in the
strong humanitarian values shared by the citizenry, it is acknowledged that not everyone
can be expected to equally share and act in accordance with these values and, thus,
security threats can and do arise in various places within our society from time to time.
Some of those security threats may be directed toward governmental institutions, officials,
personnel, or functions, as well as against the members of the public observing or
participating in various governmental processes at any time.
new text end

new text begin (d) The legislature thus concludes that it is imperative to plan and provide for, as
well as to facilitate, the security of all persons, property, and governmental processes
located or occurring within the Capitol Area.
new text end

new text begin (e) Since the potential security threats in the Capitol Area can be complex, secretive,
elusive, and potentially quite dangerous, the ongoing security responses must also be
flexible, anticipated, coordinated, and effective, while nevertheless occurring in a manner
that provides a reasonable measure of public access to government.
new text end

new text begin The legislature determines that separate, existing security efforts within the Capitol
Area need to be systematically evaluated, improved, and better coordinated, while being
adapted for continuing societal change. The legislature, thus, deems it necessary to create
a multi-institutional Advisory Committee on Capitol Area Security, as well as to authorize
the governor to appoint a Capitol Area security coordinator. This section specifies the
roles and responsibilities of the coordinator and committee.
new text end

new text begin Subd. 2. new text end

new text begin Capitol Area security coordinator; appointment. new text end

new text begin (a) The governor
shall appoint a member of the Executive Cabinet to serve as the Capitol Area security
coordinator. The governor's Capitol Area security coordinator, in consultation with the
Advisory Committee on Capitol Area Security, shall:
new text end

new text begin (1) direct, coordinate, and account for security in the Capitol Area;
new text end

new text begin (2) oversee periodic assessments of security vulnerabilities;
new text end

new text begin (3) develop, implement, and maintain effective strategies for preventing, mitigating,
and responding to security threats;
new text end

new text begin (4) ensure that by February 1, 2012, all Capitol Area buildings have up-to-date
evacuation and emergency response plans that:
new text end

new text begin (i) are used in ongoing staff training;
new text end

new text begin (ii) are periodically evaluated and adapted as necessary to stay abreast of changing
security threats; and
new text end

new text begin (iii) incorporate as appropriate new security strategies and technologies;
new text end

new text begin (5) convene individuals from inside and outside government, as needed, to:
new text end

new text begin (i) assess risk;
new text end

new text begin (ii) develop and update coordinated plans; and
new text end

new text begin (iii) ensure cost-effective uses of technology for security in the Capitol Area; and
new text end

new text begin (6) as appropriate, consider existing plans, such as those developed by the
Department of Administration, the Department of Health, and the Department of Public
Safety, including the Division of Capitol Security, the state fire marshal, and the Homeland
Security and Emergency Management Division, and any other credible existing plan.
new text end

new text begin (b) The governor's Capitol Area security coordinator, in consultation with the
Advisory Committee on Capitol Area Security, also must develop and propose funding
mechanisms for the purpose of implementing this section.
new text end

new text begin Subd. 3. new text end

new text begin Advisory Committee on Capitol Area Security. new text end

new text begin (a) The Advisory
Committee on Capitol Area Security shall consist of the following members:
new text end

new text begin (1) the lieutenant governor;
new text end

new text begin (2) two senators, including one member from the majority party and one member
from the minority party, appointed by the Subcommittee on Committees of the Committee
on Rules and Administration of the senate;
new text end

new text begin (3) two members of the house of representatives, including one member appointed
by the speaker of the house and one member appointed by the minority leader;
new text end

new text begin (4) the senate sergeant-at-arms;
new text end

new text begin (5) the house of representatives sergeant-at-arms;
new text end

new text begin (6) the chief justice of the Minnesota Supreme Court or designee;
new text end

new text begin (7) the commissioner of the Department of Public Safety, or designee;
new text end

new text begin (8) the commissioner of the Department of Administration, or designee;
new text end

new text begin (9) one member of the Capitol Area Architectural and Planning Board who is not the
board chair or a legislator; and
new text end

new text begin (10) the Capitol Area security coordinator.
new text end

new text begin A member may be removed by the appointing authority at any time at the pleasure of
the appointing authority.
new text end

new text begin (b) The advisory committee shall meet regularly to assess current safety and security
risks in the Capitol Area as defined by section 15B.02, and discuss developments that
might affect those risks in the future. The committee shall provide advice to the governor
and the legislature regarding security priorities and possible strategies for addressing
these priorities.
new text end

new text begin (c) The committee shall report to the governor, the chairs and ranking minority
members of the house of representatives and senate committees with jurisdiction over
public safety and government operations, and chief justice of the Supreme Court by
January 15 each year. The report shall provide a general assessment of the status of
security in the Capitol Area, describe improvements implemented, and recommend future
improvements. As appropriate, the committee shall offer recommendations for capital or
operating expenditures, statutory changes, or other changes in security-related policies or
practices. Spending recommendations shall be made in a timely manner to ensure that
the recommendations are considered as part of the state's capital and operating budget
processes.
new text end

new text begin (d) The committee shall be organized and function as follows:
new text end

new text begin (1) the committee shall reside in the executive branch and the lieutenant governor
shall serve as its chair. The committee may elect a vice chair to convene and conduct
meetings when the lieutenant governor is not available;
new text end

new text begin (2) meetings of the committee are subject to chapter 13D;
new text end

new text begin (3) administrative support for the committee shall be provided by the Departments
of Administration and Public Safety and the sergeant-at-arms of the senate and house
of representatives;
new text end

new text begin (4) legislative members may receive compensation for expenses as provided by the
house of representatives or senate rules, as appropriate. Other members of the committee
serve without compensation or payment of expenses; and
new text end

new text begin (5) the committee shall seek advice, as needed, from at least one person with
experience designing and implementing security for a public college or university campus,
at least one person with experience designing and implementing security for courts, and
at least one person with experience designing and implementing security for a private
Minnesota company.
new text end

new text begin (e) The committee shall have access to not public data as necessary to fulfill its
responsibilities and shall be subject to the Governmental Data Practices Act, chapter 13.
Committee members shall protect from unlawful disclosure data classified as not public.
If data provided is disseminated by the committee or its members or agents in violation
of section 13.05, subdivision 4, the committee is subject to liability under section 13.08,
subdivisions 1 and 3.
new text end

new text begin Subd. 4. new text end

new text begin Risk-based deployment of staff and other resources. new text end

new text begin The governor's
Capitol Area security coordinator, in consultation with the Advisory Committee on Capitol
Area Security, shall employ and encourage the use of a uniform method for assessing
risks in the Capitol Area, and must ensure that any available security staff and resources
are allocated and deployed throughout the Capitol Area in a manner consistent with the
assessed security risks at any time.
new text end

new text begin The Capitol Area security coordinator shall employ broad flexibility in assigning or
reassigning security personnel and other security resources throughout the Capitol Area in
response to urgent and evolving security threat situations that may arise at any time.
new text end

new text begin Subd. 5. new text end

new text begin Multiple deployment strategies; flexibility; adaptation. new text end

new text begin (a) Following
a comprehensive risk assessment of the Capitol Area, as authorized by the governor's
Capitol Area security coordinator in consultation with the Advisory Committee on
Capitol Area Security, the security administrator shall ensure the provision of reasonable
protection within the Capitol Area using a combination of strategies and technologies,
including any or all of the following:
new text end

new text begin (1) optimally deploying appropriate numbers and types of sufficiently trained and
adequately equipped security personnel;
new text end

new text begin (2) using and deploying sufficient numbers of security-related devices, including
but not limited to locks, cameras, electronic card readers, communication systems, and
weapons screening devices, proper lighting, accessible alarms, and other signaling
systems, as deemed appropriate at any time;
new text end

new text begin (3) acquiring and installing weapons detection technology at designated entrances of
any or all public buildings in the Capitol Area;
new text end

new text begin (4) developing building-specific and area-specific plans and protocols intended to
help prevent, or to ensure appropriate response to, a range of possible security threats;
new text end

new text begin (5) implementing appropriate security-related building design principles and
technology as part of any construction and remodeling projects in the Capitol Area;
new text end

new text begin (6) sufficiently informing and training the governmental officers and employees
working in each building regarding how they should respond to various types of suspected,
apparent, or announced security threats within their workplace, broadly defined;
new text end

new text begin (7) as deemed appropriate by the security coordinator and permissible under law,
communicating specific information or alerts to building occupants with regard to specific
security threats that individuals might be enabled to avoid if given sufficient advance
warning; and
new text end

new text begin (8) as deemed appropriate by the security coordinator and permissible under law,
broadly communicating to the occupants of all relevant Capitol Area buildings, any new
or ongoing information about any suspected or imminent security threats in the Capitol
Area, along with recommended actions that building occupants can take to safely help
detect, mitigate, avoid, or otherwise respond to those threats.
new text end

new text begin (b) The security coordinator and advisory committee stakeholders shall, as part of
the security strategies being used, employ and deploy a variety of security personnel,
including uniformed and undercover, armed and unarmed, male and female, with varied
relevant training and experience backgrounds, including peace officer, military, corporate,
and other security training and experience.
new text end

new text begin (c) The security coordinator shall network and develop formal and informal
security-related working relationships with security directors in relevant federal, state,
and local governments for the purpose of staying abreast of evolving security threats and
strategies generally, as well as to facilitate communications in times of response.
new text end

new text begin (d) The security coordinator and advisory committee shall regard, within reason, the
regular building occupants in the Capitol Area as potential allies in the quest for security
in the Capitol Area and, periodically must informally query or systematically poll building
occupants for observations of or concerns about existing and new potential security threats,
and the occupants' evaluations of ongoing security strategies and recommendations for new
security strategies for consideration by the security coordinator and advisory committee. It
is recognized that the security coordinator and advisory committee will need to regularly
withhold certain sensitive security information from most or all building occupants, and
they are hereby authorized to do so, as may be necessary or feasible at any time.
new text end

new text begin (e) The security coordinator and advisory committee shall think and plan in a
manner that is both realistic and futuristic, as well as flexible and innovative in regard to
possible types of security threats that might arise in the Capitol Area, and in designing and
implementing prevention and response strategies.
new text end

new text begin Subd. 6. new text end

new text begin Firearms carry restricted in Capitol Area. new text end

new text begin (a) Notwithstanding sections
609.66, subdivision 1g, 624.714, 624.7181, or any other law to the contrary, a person may
not carry a firearm or other dangerous weapon within any public building in the Capitol
Area. This subdivision does not apply to licensed peace officers, members of the military
acting in the course of official duty, members of an organized veterans honor guard while
not possessing live ammunition for the firearms being carried, or to any qualified law
enforcement officer or qualified retired law enforcement officer who is permitted to carry a
firearm under United States Code, title 18, sections 926B and 926C.
new text end

new text begin (b) To facilitate the personal safety of persons traveling to and from the Capitol
Area, the security coordinator and advisory committee shall consider the feasibility of
providing lockers near one or more key entrances of Capitol Area buildings for any person
who is in lawful possession of a firearm while traveling to the Capitol Area to safely store
the firearm upon entering the Capitol Area.
new text end

new text begin Subd. 7. new text end

new text begin Usurpation prohibited. new text end

new text begin Nothing in this section shall be construed to
conflict with the power of the legislature or the power of the court to appoint and assign
personnel and equipment as it deems necessary for the conduct of its business.
new text end

new text begin Subd. 8. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms in this subdivision
have the meanings given them.
new text end

new text begin (b) "Capitol Area" has the meaning given in section 15B.02.
new text end

new text begin (c) "Building occupant" means each governmental official and employee, lobbyist,
and member of the public working or otherwise lawfully present in any building of the
Capitol Area at any time.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2. new text begin BONDING; PHASE 1 CAPITOL SECURITY AND ACCESS
IMPROVEMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Appropriation; tunnel. new text end

new text begin $6,100,000 is appropriated from the bond
proceeds fund to the commissioner of administration to complete, design, and construct
phase 1 Capitol security and access improvements, specifically including a new tunnel
connecting the Capitol across University Avenue with construction to be coordinated with
light rail construction time frames. The commissioners of administration and public safety
and the chair of the Metropolitan Council must continue to work together to address
other light rail security and access concerns.
new text end

new text begin Subd. 2. new text end

new text begin Appropriation; metal detector infrastructure. new text end

new text begin $....... is appropriated
from the bond proceeds fund to the commissioner of administration to purchase and install
weapons detectors in designated public buildings in the Capitol Area.
new text end

new text begin Subd. 3. new text end

new text begin Bond sale. new text end

new text begin To provide the money appropriated in this section from the
bond proceeds fund, the commissioner of management and budget shall sell and issue
bonds of the state in an amount up to $....... in the manner, upon the terms, and with
the effect prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, and by the
Minnesota Constitution, article XI, sections 4 to 7.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end