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299E.10 LEGISLATIVE SERVICES.

Subdivision 1.Unit created.

A legislative services unit is established within Capitol Security to perform the duties specified in this section.

Subd. 2.Staffing.

The legislative services unit must be under the supervision and control of a member of the State Patrol who is a peace officer.

Subd. 3.Threat assessment, mitigation, and response.

(a) The legislative services unit must (1) identify, assess, and investigate threats to the life or safety of a member of the legislature, and (2) assist in mitigation of threats that the unit determines are credible. The credible threat mitigation responsibilities of the unit include but are not limited to coordination with the State Patrol, local law enforcement, the relevant sergeant-at-arms of the senate or house of representatives, and other available resources on a security response to threats, including provision of personal security and protection for the member when warranted by a threat.

(b) Unless there are exigent circumstances or information that indicates otherwise, the unit must prioritize assessment of threats against members of the legislature in the following order:

(1) threats that involved a request for an emergency services response;

(2) threats that are referred for assessment by the speaker of the house, the minority leader of the house, or the majority or minority leader of the senate;

(3) threats that are specifically referred for assessment by any other member of the legislature; and

(4) threats that are identified by the unit, referred by a member of the legislature where a threat assessment is not requested, and gathered from any other source.

(c) For an imminent credible threat, the commissioner must immediately coordinate a response by available law enforcement resources.

(d) The commissioner may consult with the Bureau of Criminal Apprehension to determine whether a threat is credible.

(e) In response to a request under paragraph (b), clause (2) or (3), the commissioner must as soon as practicable provide the subject of a threat, and when appropriate and authorized by law, any referring party, with:

(1) an initial estimate on how long the requested threat assessment will take to complete;

(2) an explanation of the unit's threat analysis and determination;

(3) recommendations for mitigating the threat; and

(4) the proposed and intended actions of the unit to implement the recommendations under clause (3).

(f) The commissioner is not required to perform threat mitigation actions identified under paragraph (e) that are declined by the subject of the threat.

(g) The house of representatives and the senate, as appropriate, must reimburse the Department of Public Safety or a law enforcement agency for the reasonable costs of personal security and protection incurred under this subdivision. The house of representatives and the senate may enter into agreements with the commissioner to implement the requirements under this paragraph and subdivision 5.

Subd. 4.Responsibilities.

(a) For purposes of this subdivision, "security services" includes but is not limited to security activities; protective activities; identification and assessment of public safety vulnerabilities, risks, and threats; and emergency response.

(b) Subject to available resources, the legislative services unit must:

(1) coordinate security services provided to members of the legislature, including but not limited to activities as a centralized communications and coordination hub and a liaison between members of the legislature, the sergeants-at-arms of the senate and house of representatives, the Minnesota Fusion Center, and local law enforcement agencies;

(2) develop and maintain a plan on security services provided to members of the legislature, which must include but is not limited to a threat matrix protocol for members of the legislature, for statewide use by the state and political subdivisions;

(3) develop protocols or procedures for security services communications related to or conducted with members of the legislature;

(4) develop protocols or procedures to identify, collate, assess, and respond to a credible threat to life or safety of a member of the legislature;

(5) upon request of a member of the legislature, review and provide input on plans by political subdivisions and local law enforcement agencies for security services provided to members of the legislature;

(6) offer to provide security orientation and training for newly elected members of the legislature within 21 days of taking the oath of office; and

(7) perform other activities determined to be necessary and related to the responsibilities specified in this subdivision, after consultation with the commissioner and the governor.

(c) The duties of the legislative services unit do not include individualized personal protective activities or emergency response outside the Capitol complex, except as provided under this section or section 299D.03, subdivision 1, paragraph (c).

(d) The commissioner may provide security and protection under this section in the form and manner the commissioner deems necessary.

(e) The protocols and procedures under paragraph (b) must follow generally accepted practices for security activities information gathering and evaluation and must safeguard the due process rights, civil liberties, and privacy rights of individuals.

Subd. 5.Agreements with local law enforcement; reimbursement.

(a) The commissioner may enter into an agreement or similar arrangement with a local law enforcement agency for assistance by local peace officers to meet the security activities requirements under this section or section 299D.03, subdivision 1, paragraph (c).

(b) The following are available for reimbursement to a local law enforcement agency for eligible costs of assistance:

(1) an appropriation to the commissioner for the legislative services unit or the State Patrol, other than from the trunk highway fund or highway user tax distribution fund; and

(2) money received under subdivision 3, paragraph (g).

(c) The commissioner must establish a reimbursement process that minimizes submission and implementation burdens. Eligible costs for reimbursement must include but are not limited to time and overtime of personnel, travel expenses, equipment use, and other documented direct costs determined by the commissioner as necessary and reasonable.

Official Publication of the State of Minnesota
Revisor of Statutes