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HomeMy WebLinkAboutweekly Notes- September 4th 2020 CITY OF OAK PARK HEIGHTS—WEEKLY NOTES for: September 4th 2020 TO: City Council Members& Staff FROM: Eric Johnson,City Administrator 441— Zoning &Development Items: 1. No new applications have been received. 2. The first A.S. King Plant—Advisory Meeting is slated for 9/16—enclosed is the anticipated Agenda. We are still trying to hold this in person,but a ZOOM effort may be more desirable from the participants perspective-we have a short survey out to those people. COVID-19 Matters: • This is the Governor's-PORTAL—Many documents/Exec.Orders can be found: https://mn.,qov/covidl9 Washington County has initiated a County Dashboard containing more localized COVID-19 Impacts and rates LINK->>HERE • If you have a need for some form of hardware/software to facilitate your"zooming", please let me know what you might need and we can very likely supply it. • Policies are enclosed related to the SRO role and applicability of the one-time hazard pay;these do help guide Staff actions and offer background for decisions should the City receive any inquires. Nothing terribly new here, but these are the final versions. • The County has issued an update regarding its small business financial relief program—there remains funds available.See enclosed. Other Items: • Staff did respond to Washington County regarding their inquiry about the City Staff re-engaging in their 58th Street South Frontage Road Local Advisory Team LAT for such project.The County forms temporary LAT groups to advocate and/or manage their design issues.The City has served on many of these for numerous projects. For 58th Street project however, this participation can mis-understood as project support or viewed as contrary to the Council's recent action, we did politely decline, but offered an alternative method for engagement for them via attendance at a City Staff meeting on Sept 9th outside of the County's formal LAT process—they did accept such meeting and will occur.Please see the enclosed letter to Kevin Peterson. • MSCWMO Agenda for 8/10/20 • The LMC has provided a comprehensive PDF of the 2020 Legislative Session—Law Summaries;I have attached the entire document as it is not terribly extensive. Mayor McComber provided: 1. Various NLC Updates 2. Federal Updates from Lockridge-Grindal for 8/31/20 3. LMC Training Opportunity—Bridging Divides 4. Various Fall Updates from the EMWREP programs. 5. METRO CITIES NEWS for 9/4/20&8/28/20 Please let me know if you have any questions-651-253-7837 Call Anytime. City of Oak Park Heights Allan S. King Plant Reuse Advisory Panel Agenda — Kickoff Meeting Date:September 16, 2020 Time:4:00-6:0013M Location:Oak Park Heights City Hall 14168 Oak Park Blvd. N. Oak Park Heights, MN 55082 1. Welcome and Orientation to Advisory Panel Process—John Shardlow 2. Introductions • Introduce yourself • Tell us why this process is important to you 3. Roles and Responsibilities • Relationship with the City Council and Xcel Energy 4. Purpose, Objectives and Desired Outcomes • How can the Panel best support the City Council? • Realistic expectations • Extraordinary opportunities 5. Process Overview • Focus and sequence of workshop meetings, history and over-arching issues overview 6. Logistics and Schedule 7. Next Steps 0 CITY OF OAK PARK HEIGHTS A POLICY RELATING TO THE ALLOCATION OF A ONE TIME HAZARD PAY FOR POLICE DEPARTMENT AS DERIVED FROM FEDERAL CARES ACT FUNDS—2020-2021 COVID-19 PANDEMIC Background: In March of 2020 the United States declared a Nationwide Pandemic. In response to this pandemic, Cities and States also declared Emergency Declarations requiring specific actions to be taken by all residents and business. One of the requirements was to self-quarantine due to the volatile and unknown nature of the COVID-19 virus which was causing wide spread illness and death around the world. The City of Oak Park Heights declared an emergency on March 17', 2020 requiring all employees that were able to work from home, not have contact with citizens, and work alone for their safety. This declaration and sequestering lasted for approximately three months before employees were allowed to return to work. During this initial three-month period City Police Staff remained on duty and on-site and were required to engage in operations not traditionally expected and/or in an environment not traditionally anticipated directly due to the ongoing pandemic and for which many unknown elements. The City has received CARES funding which allows for expenditures in direct response to the COVID- 19 pandemic,including hazard pay. Justification: Despite the real and reported great risk to themselves and their families,the Police Department staff needed to stay operational for the safety of the community and citizens and continue to remain in that role throughout the COVID-19 pandemic crisis. Further facts are known: I. Staff of the Police Department were unable to work from home. 2. Officers responded and continue to respond to calls for service in direct contact with sick and possibly infected persons in the community.This includes the need for affirmative and self-initiated contact by members of the Police with persons where social distancing may not be possible. 3. Realistic use of available PPE in policing only provided basic protections and left all employees at risk from contact with the public, other employees, and surfaces touched by other employees and citizens. 4. Current FBI and State protocol generally do not allow use of police computers at home.This ability had previously been available under the provisions of the City Pandemic Response Policy but are no longer viable as they require a secure connection, ability to screen the computer from non- authorized persons, a secure environment away from non-authorized persons while using the computer,and secure environment for the computer when not being used. This city is unrealistically able to accommodate those requirements outside of the secure police facility. 5. Contact was required by Police Staff with citizens who still needed services at the Police Department such as records, gun permits, POR registrations, reporting incidents, and more; all of which were still required by law to continue during the declared emergency. 6. Police Staff were also required to support the daily operations of the Police Department including but not limited to; a. direct supervision and leadership to ensure compliance with protocols and operational standards;including daily updates on procedures,operating requirements,maintenance and acquiring supplies—especially in short supply PPE, b. daily review of reports for elements of crimes,probable cause,and all required information for processing and reporting to state and federal reporting systems, C. preparation of documents for courts, insurance companies, and public data needed to be processed d. payroll and staffing needed to be maintained including scheduling sick leave and other changes, and e. daily or often times hourly decontamination of City facilities and vehicles. 7. Police Staff may justifiably be concerned for their own safety due as well as the safety of their families including spouses,children, and parents who may live with them. Because of the increased risk of exposure due to continuing to work with the public in a proactive contact methodology,the City is aware that Police Staff may restrict contact with their own families and take additional precautions to properly address any such concerns. Use of CARES Act funding is for those expenses that are: 1) "Necessary Expenditures"incurred as a result of the COVID-19 pandemic; 2) The expenditures must not have been accounted for in the budget most recently approved as of the enactment of the CARES Act(March 27); and 3) The necessary expenditures must be incurred between March and December of 2020. The U.S. Department of the Treasury issued guidance to determine what expenses are appropriate for the CARES Act funding. Pursuant to their April 22, 2020 guidance, this funding may be used for "payroll expenses for public safety employees whose services are substantially dedicated to mitigated to respond to the COVIDI9 public health emergency." This guidance also prohibited the use of CARES Act funds for "workforce bonuses other than hazard pay or overtime pay." Pursuant to May 4, 2020 U.S. Department of the Treasury guidance, a City government is allowed to "presume that payroll costs for public health and public safety employees are payments substantially dedicated to mitigating or responding to the COVID-19 public health emergency." Finally,hazard pay was defined in this guidance as"additional pay for performing hazardous duty or work involving physical hardship,in each case that is related to COVID-19." Finding and Action: Because of the continuing risk that City Police Officers and Staff endure during this ongoing pandemic, and the recognition of the great work done by the Police Department during the ongoing pandemic,the City has decided to allocate a one-time $50,000 gross sum (before required deductions) to be divided equally between all full time (staff or police officers)at the City of Oak Park Height's Police Department.The City believes this to be a reasonable and necessary expenditure given the increased risk and threat of exposure of COVID-19 during this ongoing pandemic.This one-time allocation was/is not in the City's 2020 Budget as of March 27,2020 and is being incurred as a direct result of the ongoing COVID-19 pandemic. This is a one-time allocation,based on current funding from the CARES Act. This payment creates no obligation for any future payments for the ongoing or any future pandemic and will not be considered a "past practice"for any employment benefits for any unionized or non-union employees. CITY OF OAK PARK HEIGHTS A POLICY RELATING TO THE ASSIGNMENT OF THE CITY OF OAK PARK HEIGHTS- SCHOOL RESOURCE OFFICER TO THE STILLWATER AREA HIGH SCHOOL DURING THE 2020-2021 COVID-19 PANDEMIC Background: As the City and School District maintain a School Resource Officer(SRO)Agreement via a formal Agreement;both parties continue to desire to implement the beneficial elements of such roles during the COVID-19 Pandemic and under the associated Governor's Executive Orders. The City Police Department however retains sole command decisions and expectations for its officer's exact roles, operations and scheduling within the District's facilities. The following Policy outlines the City's expected role for the SRO for the upcoming 2020-2021 School Year and while the COVID-19 Pandemic remains. Policy and Required Actions-All policies are subject to amendment by the City. 1. The City will continue to support the continuous role of the SRO at the School District during the anticipated days when students are expected to be in attendance at the building and when City believes that such provision of the SRO can be done in a safe and reasonable manner. 2. The City shall not provide supplemental patrol officers in an overtime or other capacity for High School Events;the expectation is the School District shall ensure that their events at the High School or any facilities within the City remain 100% compliant with all of the Governor's Executive Orders relating to the COVID-19 Pandemic including but not limited to gathering sizes, social distancing and masking protocols. 3. If the District cannot comply with guidelines in place under current Executive Orders or applicable health protocols or the terms of this Policy,the City will recall the daily presence of the SRO for the safety of the assigned SRO and Police Department ability to maintain staffing for response to the entire City,all City staff,and families. The recall will continue until such time as the current guidelines are again being routinely met and demonstrated to the satisfaction of the City. 4. If the SRO is recalled from daily presence at the school due to ongoing concerns, the SRO within their schedule will continue to be dedicated to response to the High School for incidents at the High School and will follow current guidelines in place by the City for response within the City at large. 5. The District shall additionally provide an Office area only used by the SRO with a separate area for interviewing students or staff. Due to the longevity of continued use every day / all day the District will provide decontamination supplies and hand sanitizer for the SRO to use within their office and the interview area. The District will provide needed masks and reasonable equipment for the SRO. 6. The SRO will not be involved in monitoring hall passing times or other areas and events of large numbers of persons congregating unless there is a specific emergent police function to be conducted as determined by the Chief of Police. The role of the SRO may not include the general expectation that it monitors or enforces aspects of social distancing, gathering size or mask use enforcement under current emergency order—such enforcement remains the sole responsibility of the District. 7. If at any time the assigned SRO deems necessary that it vacate the premises due to a general concern that the above provisions are not being dutifully met by the District,the SRO may promptly take that action and will notify their District contact.A return on site shall only occur upon evaluation by the City Administration or Chief of Police (or Sergeant if the Chief is unavailable)of the articulated concerns and how matters may be resolved. washington News Release County Our Mission: Providing quality services through responsible leadership, innovation and the cooperation of dedicated people Date: Sept. 1,2020 Contact: Yvonne Klinnert, Public Information Manager Phone: 651-430-6026, after hours 952-807-3723 E-mail: yvonne.klinnert@co.washington.mn.us Washington County will expand small-business financial relief Washington County will expand its program to provide financial assistance for businesses in the county that have been negatively impacted through additional expenses or lost revenue due to closures during the response to the COVID-19 pandemic. Washington County Small Business Relief Fund,provided by the federal CARES Act, is providing grants of up to $15,000 to small businesses in need of support. The first round of applications closed Aug. 31, resulting in 375 applications. The County Board identified up to $10 million in funds for the program. Based on the applications received in the first round, roughly 50% of the available funds remain. The County Board determined that a second round of applications be allowed, and the eligibility requirements be adjusted to make additional county businesses eligible. In the new round of applications, which will be accepted between Sept. 10 and Sept. 24, the program revises eligibility by increasing the number of employees and the annual revenue of the businesses applying, as well as shortening the time a business needed to exist prior to the pandemic. Recipients: • must be a locally owned and operated for-profit business in the county. Multiple individual businesses in the county that are owned by one owner are eligible to apply; • to receive up to the maximum $15,000 funding limit, businesses must have at least one full- time equivalent employee, in addition to the owner as of March 1, and not more than 75, and generate less than $5 million in annual revenues; • have been operating Jan. 1, 2020; and A great place to live,work and play...today and tomorrow Government Center • 14949 62nd Street North—P.O.Box 6,Stillwater,Minnesota 55082-0006 Phone: 651-430-6001 • Fax: 651-430-6017 • TTY: 651-430-6246 www.co.washington.mn.us Equal Employment Opportunity • demonstrate a significant loss in revenue since March 15. Home-based businesses and self-employed entrepreneurs are eligible for grants of up to $7,500; however,priority will be given to employer businesses with separate non-residential property addresses. All businesses must complete, sign and certify the grant application. The business must provide all required information verifying their eligibility. All businesses must provide and document evidence of COVID-19 eligible expenses incurred. Applications will be managed by Open to Business at the Washington County Community Development Agency, 7645 Currell Blvd., Woodbury; telephone 612-789-8838, and email wccoviderelief(a�mccdmn.org. More information is at www.washingtoncountycda.org I City of Oak Park Heights 14168 Oak Park Blvd. N •Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 8-31-20 TO: Kevin Peterson,Washington County Via email only:Kevin.Peterson@co.washington.mn.us RE: LAT—Inquiry and Response—58'Street Extension Dear Kevin, Thank you for the phone call inquiring if the City Staff would be enabled to re-engage in the Local Advisory Team (LAT) related to the County's desired 58'1 Street road extension. In short, yes, the City believes it may have a role in that discussion that would be of value to the County for its Project. However, that role and LAT process must be well defined and understood so as to avoid presumptions that this is a joint-effort or partnership to a common end. As you can understand City Staff cannot be in conflict with the directives it has received from its Council by participating in a LAT meeting process and related narratives if there is a presumption of any costs being attributable to the City for this Project. Or, from a more practical application, City Staff cannot engage in discussions of Cooperative Construction Agreements or other concepts that seek to apportion any costs(or maintenance or road transfers)to the City which tend to flow from LAT processes. At this juncture, the City should be considered simply as a possible source of information to County Staff and it is perhaps best that we move forward in"one-off'conversations related to this Project and can offer such opportunity for dialogue.We will certainly provide data/insight we have.Accordingly,I would invite you (or whomever you feel necessary) to a City Staff meeting on Wednesday, September 9th to provide an update or make inquiries—we can allocate time from 11:30 am to 12:30 pm if necessary—these are held via ZOOM. We can see how it goes thereafter of course. I certainly don't have all the answers,but this seems to be the current state of the situation. Absolutely let me know if you have any questions and we can talk more on Sept 9t1 —please confirm that date and time with me when you are able. Sincerely, Eric Johnson, City Administrator Cc: Jennifer Wagenius,Washington County—Deputy Administrator MIDDLE ST. CROIX WATERSHED MANAGEMENT ORGANIZATION 4 5 5 H A Y W A R D AVENUE , O A K D A L E , MINNESTOA 5 5 0 8 2 P h o n e 6 5 1 . 3 3 0 . 8 2 2 0 x 2 2 f a x 6 5 1 . 3 3 0 . 7 7 4 7 www . m s c w m o . o r g Regular Meeting of the Middle St. Croix Watershed Management Organization MSCW HELD REMOTELY DUE TO COVID-19 PANDEMIC � pld Attend ONLINE VIA ZOOM by clicking this link: https://us02web.zoom.us/i/82913286931 OR Attend by CONFERENCE CALL by dialing+1312 626 6799—Meeting ID 829 1328 6931 Thursday,September 101h2020 6:OOPM 1. Call to Order—6:OOPM a. Approval of Agenda 2. Approval of Minutes a. Draft minutes—August 13th, 2020 pg. 1-4 4. Treasurer's Report a. Report of savings account, assets for September 10th, 2020 b. Approve payment of bills for September 10th, 2020 5. Public Comment 6. Old Business 7. New Business 8. Grant and Cost Share Applications a. Watershed Based Funding Reallocation pg. 5 b. Lake St. Croix Beach Bluff Stabilization Contract pg. 6-9 c. Nelson Cost Share Request pg.10-13 d. Fix Cost Share Request pg. 14-16 9. Plan Reviews/Submittals a. Plan Review and Submittal Summary pg. 17-46 i. Central Automotive—INFORM ii. Stillwater Riverbank Stabilization—ACTION iii. Locke Residence—ACTION b. Erosion and Sediment Control Inspection Reports 10. Staff Report pg. 47-49 11. 1W1P Updates 12. Other 13. Adjourn Middle St. Croix Watershed Management Organization Member Communities Afton, Bayport, Baytown, Lakeland, Lakeland Shores, Lake St. Croix Beach, Oak Park Heights, St. Mary's Point, Stillwater, ft West Lakeland LEAGUE OF MINNESOTA CITIES 2020 Law Summarmies Preliminary Legislative Action MINNESOTA SESSION LAWS 2020 INCLUDES REGULAR SESSION, FIRST SPECIAL SESSION,SECOND SPECIAL SESSION, AND THIRD SPECIAL SESSION LAWS 0 LMC LEAGUE MINNESOTA CITIES Contents Session 2020:Unprecedented Challenges Expose GENERAL GOVERNMENT.................................11 Fractured Leadership..........................................................1 Medical exception to Open Meeting Law.......................11 LMC 2020 Law Summaries....................................................3 Charter conunission appointments and spending limit.....11 CIVIL AND CRIMINAL LAW................................. 4 Expanded authority for electronic signatures Court deadlines during peacetime emergency...................4 during COVID-19.......................................................11 . Searchwarrant requirement for electronic HEALTH..............................................................11 corinnunication information...........................................4 Prescription drug price transparency act..........................11 Electronic device location tracking warrants......................4 Raising the age for purchasing tobacco to 21...................11 Scope of location tracking warrants expanded...................4 HOUSING............................................................13 Stalking-by-mail and mail harassment changes...................4 Modular home definition modification and relocation trust COVID-19 RESPONSE..........................................4 fund changes---------------------------------------------------------------.13 COVID-19 response provided...........................................4 LIQUOR AND TOBACCO ....................................13 Workers'compensation claims COVID-19 presumption for Limited off-sale for restaurants closed by executive order.13 specified employees -------------------------------------------------------5 Onmibus liquor bill......................................................... DATAPRACTICES................................................ 6 LOCAL LAWS ......................................................15 Law enforcement use of umnanned aerial vehicles (drones)6 Special legislation allowing increased members for North ECONOMIC DEVELOPMENT...............................7 Branch PUC................................................................15 Emergency small business assistance program for businesses PENSIONS...........................................................15 impacted by COVID-19................................................7 Onmibus Pensions and Retirement Act...........................15 ELECTIONS .........................................................7 PUBLIC FINANCE...............................................18 COVID-19 elections bill...................................................7 State disaster assistance account replenished.....................18 EMPLOYMENT..................................................... 9 PUBLIC SAFETY.................................................18 Minimum age for operating amusement rides and lawn Law enforcement use of umnanned aerial vehicles...........18 mowers modified...........................................................9 Eyewitness identification policies required.......................18 Law enforcement salary survey........................................10 Omnibus public safety and corrections policy act.............19 ENVIRONMENT..................................................10 Police Accountability Act................................................19 Minor and technical changes made related to noxious weed TRANSPORTATION............................................23 management statutes.....................................................10 Onmibus Transportation Policy Act.................................23 Lessard-San-Ls Outdoor Heritage funds allocated..............10 Recycling solid waste tax exemption,trust fund grant League of Minnesota Cities Intergovernmental Relations availability adjusted for COVID-19..............................10 Department......................................................................25 2020 Law Summaries Session 2020: Unprecedented Challenges Expose Fractured Leadership On Feb. 11,the Minnesota Legislature reconvened to apparent with an updated budget forecast released by Min- begin the second half of its 91st biennial session.The ses- nesota Management and Budget on May 6.The state's sion was expected to be short and focused on making budget outlook had crumbled from a$1.5 billion surplus tweaks to the biennial budget.There were also hopes for a to a projected$2.4 billion deficit in less than two months. robust omnibus capital investment bill. Republican leaders began demanding that the gover- nor end the peacetime emergency in the name of eco- COVID-19 creates disruption noetic stability.Under state law,a peacetime emergency By early March,it became clear the session would unfold may last up to 30 days.The governor has the authority to differently than anyone could have predicted.As the coro- extend a peacetime emergency beyond 30 days unless the navirus spread from continent to continent and eventually Legislature votes to end it.Both chambers need to vote reached Minnesota,legislative leaders and Gov.Tim Walz down the extension to block it.Senate Republicans,who (DFL) braced for the disruption it would bring. hold the majority in that body,voted repeatedly to end the On March 13,Gov.Walz issued Executive Order peacetime emergency while DFL members,who control 20-01 declaring a peacetime emergency,which allowed the House,voted down motions to end the emergency. his administration to quickly impose measures aimed at As these debates took place,issues like passing capi- mitigating the COVID-19 health threat.These measures, tal investment,housing,and tax bills fell to the wayside.In which were issued through dozens of executive orders over the final days of session,the House and Senate worked on the months that would follow,included shuttering certain separate proposals to distribute the estimated$667 million businesses,closing schools,limiting social gatherings,and in the federal Coronavirus Relief Fund (CRF) dollars to requiring Minnesotans who are not essential employees to cities,counties,and townships.The CRF distribution was stay home. another issue that was left unresolved.Legislators also failed Meanwhile,on March 16,in response to concerns to authorize the use of mail balloting statewide for the over the spread of COVID-19,the Legislature approved upcoming August primary or November general election a concurrent resolution allowing the House and Senate despite elections administrators'concern about safely Ion- to adjourn from floor sessions until April 14.They could ducting elections during the COVID-19 outbreak.Cit- agree to convene hearings and floor sessions with two days' ies are struggling to recruit and retain election judges and notice to members,but Legislative leaders said any meeting secure polling places as the pandemic continues. convened during the break would be restricted to issues Ultimately,the session adjourned sine die at midnight around COVID-19 preparedness and response,"mission on May 18,with the Legislature and governor having critical"measures such as a bonding bill,and any legislation accomplished little over the preceding months.The expec- that had bipartisan agreement. tation was that the governor would reconvene the Legis- Most in-person meetings were abruptly moved to vir- lature in a special session on or around June 12,when the tual platforms and the focus became advancing measures existing peacetime emergency would expire.If the Legisla- that would help address the health,economic,and social ture is not in session,and the governor wants to extend the implications of the pandemic.When the Legislature recon- peacetime emergency beyond 30 days,the governor must vened on April 7,a week sooner than initially planned, call the Legislature into special session to give them the the Capitol was closed to the public and most members opportunity to end the peacetime emergency. participated remotely.They acted exclusively on pandemic- related measures,including a bill creating a presumption George Floyd killed by police in the workers'compensation system for public safety and On May 25,one week after the conclusion of the regu- health care workers who contract COVID-19. lar session,George Floyd,an unarmed Black man from St. Louis Park,was killed while in police custody in Minne- Regular session fizzles apolis.The horrific event,involving an officer kneeling The regular session continued into May with sporadic on Floyd's neck for nearly eight minutes,was captured on virtual committee hearings and floor sessions marked by video and broadcast around the world. social distancing and remote participation.The governor's Public outrage over Floyd's death led to peaceful and executive orders,some of which were modified to address violent protests,the latter of which resulted in looting and changing circumstances,remained in place.The economic extensive damage to public property and private businesses. fallout of COVID-19-related business closures became Gov.Walz activated Minnesota's National Guard to help 2020 Law Summaries Page 1 local law enforcement and the State Patrol restore order in Under the governor's action,the Department of Rev- Minneapolis and St.Paul.Outrage over Floyd's death also enue (DOR) will distribute a portion of the state's alloca- resulted in renewed calls for policy changes aimed at police tion from the CRF,which was created by the Coronavirus reform and ending systemic racism.With a special session Aid,Relief,and Economic Security (CARES)Act.The approaching,a group of legislators belonging to the People funds may be used for COVID-19-related costs that occur of Color and Indigenous (POCI) Caucus called for urgent between March 1,2020,and Nov 15,2020. action on a comprehensive police reform package. Second special session yields Police Accountability Act First special session accomplishes nothing Another special session began July 13 and ended in the As expected,Gov.Walz called the Legislature into special early hours of July 21.It focused extensively on advanc- session on June 12.Senate Majority Leader Paul Gazelka ing police reform measures.The Legislature ultimately (R-Nisswa) stated the Senate would remain convened for passed the Police Accountability Act,a measure that makes no more than one week.He stayed true to his word,and changes to laws governing police conduct,training,and the Senate adjourned the special session sine die in the oversight.Gov.Walz signed the bill on July 23. wee hours of June 20.Unfortunately,the seven-plus days The League sought inclusion of a measure that would yielded virtually no resolutions on the issues at hand. reduce the standard of review in law enforcement griev- One of the failed measures that received the most ances to a reasonable standard and also provide a pro- attention—and was of particular interest to cities— cess for appeals when a termination or serious discipline was a plan to distribute federal funds to cities,counties, is overturned.Despite working with legislators on both and townships for pandemic-related expenses.Despite an sides of the aisle,the League's preferred reforms were not agreement among all four caucuses on distributing federal included in the final package.The second special session CRF money—now revised upward to $841 million— also failed to yield capital investment and tax bills that were to local governments,the Legislature failed to pass the bill being sought by many stakeholders,including the League. before adjourning the special session.This was particularly frustrating to Senate leadership,who claimed Gov.Walz Third special session lasts one day,accomplishes little changed the terms of the agreement. During the one-day special session on Aug. 12,the Legisla- Making meaningful changes to laws governing ture made a few minor changes to the Police Accountabil- police conduct,training,and oversight was also a focal ity Act that was passed in the second special session in July, point.However,proposals that emerged from the House but left other issues untouched. and Senate did not align.The House package was very The DFL-controlled House extended Gov.Walz's comprehensive and included measures aimed at addressing emergency powers,which had been in place since March. systemic racism,while the Senate bills focused on police Like the special sessions in June and July,the Republican- training,officer mental health,and reporting requirements. controlled Senate passed a resolution to end that emer- Despite the flurry of offers exchanged on the last night of gency.But a House motion to take up its own resolution the special session,no police reform measures were passed. to end the emergency was again unsuccessful.Both cham- Passage of a capital investment bill,which was bers must vote to end a peacetime emergency. expected to be a priority in the special session,was hardly The Legislature also passed two bills and,in a surprise discussed.Neither the House nor the Senate took up move,the Senate took up and rejected the confirmation of a capital investment bill in earnest,and there were few one of Gov.Walz's cabinet members,Department of Labor reports of capital investment legislation being part of the and Industry Commissioner Nancy Leppink.This means negotiations between leaders. Commissioner Leppink must leave her position. In the end,the special session yielded 10 new chapters of law,the majority of which were technical changes or Uncertainty prevails corrections to existing laws. Gov.Walz is expected to call the Legislature into another special session on or around Sept. 11.He must call a spe- Governor orders CRF distribution cial session within 30 days of the Legislature adjourning Gov.Walz announced on June 25 that he would use his the most recent session if he wants to keep the peacetime authority to distribute$841 million in CRF federal funds emergency declaration in place.The probability of the to cities,counties,and townships for coronavirus-related Legislature taking up bills that were left unfinished dur- expenses.The governor used the framework of the legisla- ing the regular and first three special sessions is unclear and tive agreement debated in the special session,and is distrib- will depend upon negotiations. uting the funds via the Legislative Advisory Commission If a future 2020 special session yields new chapters of process allowed by state law law that are relevant to cities,the 2020 Law Summaries will be updated to reflect action. Page 2 League of Minnesota Cities LMC 2020 Law Summaries The League of Minnesota Cities (LMC) annually prepares this summary of new laws that impact city operations.This document is intended to highlight relevant new laws but is not intended to be comprehensive legal advice.Each law summary includes a reference to the session chapter and bill numbers. The number of the bill that was approved by the Legislature and sent to the governor is denoted with an asterisk (*).The chapter number can be used to locate the actual text of new laws on the state Revisor of Statutes website:www.revisor.leg.state.mn.us/laws. We have also attempted to provide effective dates for each new law;however,occasionally the legislation may not specify an effective date.If no effective date is provided,Minn.Stat.� 645.02 specifies that each act (except one making appropriations) enacted finally at any session of the Legislature takes effect on Aug. 1,unless a different date is specified in the act.An act making appropriations enacted finally at any session of the Legislature takes effect on July 1,unless a different date is specified in the act.Each act takes effect at 12:01 a.m.on the day it becomes effective,unless a different time is specified in the act. Special laws affecting individual cities must generally be approved by the city.The law then becomes effective the day after the certificate of approval is filed with the secretary of state (as specified by Minn. Stat.� 645.021),unless a different date is specified in the act.When approval of such a special law is required by two or more local government units,the law becomes effective the day after the last of the required certificates is filed,unless a different date is specified in the act.If you have questions about a new law, an effective date,or the legislative process,contact a member of the LMC Intergovernmental Relations Department.Contact information for each staff member is provided here. Following each law summary GC=Gary Carlson,IGR Director are the initials of the League's (651) 281-1255 or gcarlson@lmc.org Intergovernmental Relations AF=Anne Finn,Assistant IGR Director (IGR) staff who worked on (651) 281-1263 or afinn@lmc.org that legislative issue.For more information,please refer to the CJ=Craig Johnson,IGR Representative list on the right for contact (651) 281-1259 or cjohnson@hnc.org information.An asterisk (*) IK=Irene Kao,IGR Counsel next to a bill number denotes (651) 281-1260 or ikao@lmc.org the version of the bill that was DL=Daniel Lightfoot,IGR Representative approved by the Legislature and (651) 281-1295 or dlightfoot@hnc.org sent to the governor. AL=Ann Lindstrom,IGR Representative (651) 281-1261 or alindstrom@lmc.org 2020 Law Summaries Page 3 expand the scope of location tracking warrants to include CIVIL AND CRIMINAL LAW "unique identifiers,"which are defined as"any numeric or 8 alphanumeric string that is associated with a single entity Court deadlines during peacetime emergency or account within an electronic communication applica- Chapter 74 (HF 4556*/SF 4462) is the omnibus COVID- tion or service."Effective Aug. 1,2020. (IK) 19 policy bill.Article 1,section 16 allows statutory dead- lines governing proceedings in district and appellate courts, Stalking-by-mail and mail harassment changes including statutes of limitations,to be suspended during Chapter 96 (HF 4137*/SF 4065) addresses the statute at the COVID-19 peacetime emergency.This includes any issue in the Minnesota Supreme Court case,Matter of Wel- statutorily authorized extensions and lasts for 60 days after fare of A.J.B.,929 N.W.2d 840 (Minn.2019),where the the end of the peacetime emergency declaration.However, Court found this statute to be facially overbroad and thus a court is not prevented from holding a hearing,requiring unconstitutional.The statutory changes include: an appearance,or issuing an order during the peacetime Harassment crimes.Minn.Stat.§ 609.749,subd.2 is emergency if a judge determines that individual circum- amended to establish the mental state of the intent to kill, stances relevant to public safety,personal safety,or other injure,harass,or intimidate another person as an element emergency matters require action in a specific case.Effective of the crime of harassment.It also establishes a causation April 16,2020,and expires 60 days after the end of the peace- element by requiring harassing conduct that (1) places time emergency declaration or Feb. 16,2021,whichever is earlier, another in reasonable fear of substantial bodily harm, (2) and applies to all deadlines that had not expired as of March 13, places another in reasonable fear that the person's fam- 2020,or were triggered on or after that date.(IK) ily or household members will be subject to substan- tial bodily harm,or (3) causes or would reasonably be Search warrant requirement for electronic commu- expected to cause substantial emotional distress.There are nication information also new definitions for"family or household members" Chapter 82 (HF 3012/SF 3072*) is the omnibus data and"substantial emotional distress." privacy bill.Section 4 creates a new statute,Minn.Stat. Obscene call crime. Minn.Stat.§ 609.79,subd. 1 is § 626.085,and requires government entities to obtain a amended to establish the same elements above of an search warrant before requiring the disclosure of"elec- actor's mental state and causation in the crime of repeat- tronic communication information."`Electronic commu- edly mailing another. nication information"is defined as"any information about Effective Aug. 1,2020,and applies to crimes committed on or an electronic communication or the use of an electronic after that date.(IK) communication service,limited to the contents of elec- tronic communications and precise or approximate loca- COVID-19 RESPONSE tion of the sender or recipients at any point during the (W communication."A search warrant is not required (1) if consent is given or (2) if exigent circumstances exist where COVID-19 response provided there is a danger to an individual's life or physical safety. Chapter 71 (HF 4531*/SF 4451) is aimed at provid- The new statute also includes requirements for notice,fil- ing financial relief,authorizing deadline extensions,and ing,sealing,and reporting on these warrants.Effective Aug. modifying the work of state agencies under the pandemic- 1, ,seal (IK) related peacetime emergency.Most notably,the measure includes a$200 million General Fund appropriation to cre- Electronic device location tracking warrants ate a COVID-19 Fund that Minnesota Management and Chapter 82 (HF 3012/SF 3072*) is the omnibus data pri- Budget may draw upon to help state agencies respond to vacy bill.Sections 6 and 13 amend Minn.Stat.% 626A.08, the outbreak.Summarized are funding and policy provi- subd.2 and 626A.37,subd.4 respectively,and exempt loca- sions that may be of interest to cities. tion tracking warrants from requirements for (1) the seal- ing and disclosure of a warrant for wire,electronic,or oral ' Funding provided. The measure contains the follow- communications and (2) the sealing of a warrant for a pen ing funding provisions: register,trap and trace device,or mobile tracking device, $30 million to create an account for small business and instead location tracking warrants are governed by emergency loans at the Department of Employment Minn.Stat.§ 626A.42,subd.4.Effective May 17,2020. (IK) and Economic Development,codifying provisions in an existing executive order; Scope of location tracking warrants expanded • $29.96 million for a grant program to support licensed Chapter 82 (HF 3012/SF 3072*) is the omnibus data pri- childcare providers,who,in part,agree to care for the vacy bill.Sections 14-17 amend Minn.Stat.§ 626A.42 and children of healthcare and other emergency workers; Page 4 League of Minnesota Cities • $26.54 million in emergency services grants,of which Directs the Department of Public Safety to work with $15.21 million is intended to provide additional shel- law enforcement agencies to ensure awareness about ter space;$5 million is to purchase hygiene,sanitation, license expiration date extensions and to publicize and cleaning supplies;and$6.33 million is for staffing; information on the expiration date extensions to the • $11 million to help Minnesota's 11 tribal nations general public. address the crisis; Authorizes the Superintendent of the Bureau of • $10 million to the small business emergency loan Criminal Apprehension to delay submission of fin- account to guarantee loans from private banks to small gerprints as part of background checks for"essential employers; workers"during peacetime emergencies declared by • $9 million in one-time funding for the state's food the Governor.Provides a gross misdemeanor penalty shelf program,at least$3 million of which must be for"essential workers"who provide false information used to help regional food banks make specialized as part of a background check while the fingerprint responses to community needs; requirement is suspended.Requires the Superinten- • $6.2 million to provide financial assistance to veterans dent to report to the legislature on the exercise of this and surviving spouses in need of assistance as a result emergency power. of COVID-19; Effective March 29,2020.(AF) • $5.53 million to provide housing support relief for Workers' compensation claims COVID-19 pre- low-income seniors and individuals under 65 with dis- sumption for specified employees abilities by temporarily increasing limits and rates for Chapter 72 (HF 4537*/SF 4458) adds several provisions room and board and supplementary services—the pro- to Minn.Stat.§ 176.011,subd. 15.It provides a presump- gram helps pay for rent,food,household supplies,and tion that an employee who contracts COVID-19 has other necessities; an occupational disease arising out of and in the course • $2.4 million to continue reissuing driver's licenses and of employment if the employee is employed in one of complete other motor vehicle transactions. the occupations specified and has a confirmed case of • Policy provisions.The package also includes numer- COVID-19. ous policy provisions of interest to cities: List of covered occupations provided.The covered • Transfers$20 million from the Minnesota 21st Cen- occupations for the presumption include:licensed peace tury Fund and$10 million from the Minnesota Invest- officers;firefighters;paramedics;nurses,healthcare work- ment Revolving loan fund to fund the Small Business ers,correction officers,and security counselors employed Emergency Loan Program outlined in Executive by the state or a political subdivision at a corrections, Order 20-15. detention,or secure treatment facility;emergency medi- • Allows for municipalities with uncommitted money cal technicians;healthcare providers,nurses,and assistive from the repayment of Minnesota Investment Fund employees employed in a healthcare,home care,or long- (MIF) loans to use uncommitted funds to make loans term care setting,with direct COVID-19 patient care or to retail stores,services providers,and hospitality busi- ancillary work in COVID-19 patient units;and workers nesses until the end of fiscal year 2020 and requires a who are required to provide childcare to first responders report from any municipality who uses the exception and healthcare workers under Executive Orders 20-02 to report how the funds were used to the legislature and 20-19. by Feb. 15,2021. Positive test required.An employee's contraction • Retools small business loan guarantee program,which of COVID-19 must be confirmed by a positive labo- was unfunded since 2012 to provide state loan guaran- ratory or diagnosed and documented by the employ- tees of 80% of a loan up to $200,000 made to a small ee's licensed physician,licensed physician's assistant,or business by a lender within 12 months of the declara- licensed advanced practice registered nurse (APRN), tion of COVID-19. based on the employee's symptoms.It requires a copy of • Broad authorization for the Commissioner of the the positive test or documentation to be provided to the Department of Commerce to delay,stay,or waive employer or insurer. licensing and investigation deadlines.This could be . presumption rebuttal provided. Once the presump- applied to prevent expiration of municipal electri- tion is established by an employee,the presumption can cal utility staff certifications and licensure and to delay only be rebutted if the employer or insurer shows the continuing education requirements. employment was not a direct cause of the disease. • Extends the expiration date for driver's licenses,Min- . Date of injury defined. The"date of injury"for an nesota identification cards,and disability parking cer- employee who has contracted COVID-19 is the earliest tificates and permits so they expire two months after date that the employee was unable to work: (1) due to the peacetime public health emergencies declared by a diagnosis of COVID-19;or (2) due to symptoms that the Governor during 2020. were later diagnosed as COVID-19. 2020 Law Summaries Page 5 • Rights of employees not included in presumption • To prevent the loss of life and property in natural or provided.An employee who has contracted COVID- man-made disasters and to facilitate post-recovery 19,but who is not entitled to the presumption,is not efforts; excluded from claiming another occupational disease or • To conduct a threat assessment in anticipation of a from claiming a personal injury. specific event; • Report required.The Commissioner of the Depart- • To collect information from a public area if there is a ment of Labor and Industry is required to provide a reasonable suspicion of criminal activity; detailed report on COVID-19 workers'compensation • To collect information for crash-reconstruction pur- claims to the Workers'Compensation Advisory Council poses after a serious or deadly collision occurring on a and the legislature by Jan. 15,2021. public road; • Sunset provided.The presumption sunsets on May 1, • Over a public area for officer training or public rela- 2021. tions purposes;and Effective April 8,2020. (AF) • For a non-law enforcement purpose at the written request of a government entity.The government entity must specify the reason for the request and proposed DATA PRACTICES period of use. J Limitations on UAV use. Section 5,subd.4 requires Law enforcement use of unmanned aerial vehicles law enforcement agencies to comply with Federal Avia- (drones) tion Administration requirements and guidelines and Chapter 82 (HF 3012/SF 3072*) is the omnibus data pri- prohibits (1) deploying a UAV with facial recognition or vacy bill.Sections 1,2,and 5 address law enforcement use other biometric-matching technology unless authorized of unmanned aerial vehicles (UAVs or drones),which is by a warrant,(2) equipping a UAV with weapons,or now governed by a new statute,Minn.Stat.§ 626.19. (3) collecting data on public protests or demonstrations • Public benefit data application. Section 1 amends unless authorized by a warrant or under an exception in Minn.Stat.§ 13.82,subd. 15 to include UAV data into subd.3. the public benefit law,allowing a law enforcement Documentation requirement. Section 5,subd.5 agency to make public otherwise nonpublic UAV data requires law enforcement agencies to document each if the agency determines the access will aid the law use of a UAV,including providing a case number and enforcement process,promote public safety,or dispel the factual basis for each use.Documentation must also widespread rumor or unrest. include what statutory exception under subd.3 applies if • Governance of UAV data. Section 2 creates a new a warrant was not obtained. subdivision,Minn.Stat.§ 13.82,subd.32 to specify that Data classification. Section 5,subd.6(a) classifies data data collected,created,or maintained through the use of collected by a UAV as private data on individuals or a drone is governed by Minn.Stat.§ 626.19. nonpublic data.Exceptions include: • Application; definitions. Section 5,subd. 1 provides • If the data subject requests a copy of the recording, that Minn.Stat.§ 626.19 applies to any UAV data col- data on other individuals who do not consent to its lected,created,or maintained by a law enforcement release must be redacted; agency.Definitions include"government entity,""law • Disclosure as necessary in an emergency situation that enforcement agency,I'll unmanned vehicle,"and"terror- involves the risk of death or bodily harm to a person; ist attack." • Disclosure to the government entity making a request • Search warrant requirement. Section 5,subd.2 for UAV use for non-law-enforcement purposes; provides that except as provided for in subd.3,a law • If UAV data are criminal investigative data,this data is enforcement agency must obtain a search warrant before governed by Minn.Stat.§ 13.82,subd.7;and using a UAV. • Classification under other provisions of Minn.Stat.ch. • Exceptions to search warrant requirement. Section 13 are retained. 5,subd.3 does not require a search warrant when a UAV • No Tennessen warning. Section 5,subd.6(b) specifies is used: that no Tennessen warning is required for data collected • During or in the aftermath of an emergency situa- by a UAV. tion that involves the risk of death or bodily harm to • Retention period.Section 5,subd.6(c) requires law a person; enforcement agencies to delete the data collected no • Over a public event where there is heightened risk to later than seven days after collection,unless the data is the safety of participants or bystanders; part of an active criminal investigation. • To counter the risk of a terrorist attack by a specific individual or organization; Page 6 League of Minnesota Cities • Evidence. Section 5,subd.7 prohibits admissibility of information obtained or collected in violation of Minn. 101111 ECONOMIC DEVELOPMENT Stat.§ 626.19 in a criminal,administrative,or civil pro- ceeding. Emergency small business assistance program for • Remedies. Section 5,subd.8 provides an aggrieved businesses impacted by COVID-19 party may bring a civil action to prevent or remedy a First Special Session Chapter 1 (HF 5*/SF 2) creates a violation of Minn.Stat.§ 626.19. program to appropriate federal coronavirus relief funds to • Public comment. Section 5,subd.9 requires law make grants available to certain small businesses impacted enforcement agencies to provide an opportunity for by COVID-19.It amends 2020 Minn.Laws Ch.71 by public comment before purchasing or using a UAV, appropriating$60 million from the state share of the fed- which must be accepted electronically or by mail.The eral coronavirus relief fund to the Commissioner of the city council must also provide an opportunity for public Department of Employment and Economic Development comment at a regularly scheduled meeting. for grants to eligible small businesses employing up to 50 • Written policies. Section 5,subd. 10 requires that prior full-time workers up to $10,000.In fiscal year 2020,$2.5 to the operation of a UAV,the chief law enforcement million is also appropriated from the loan guarantee trust officer must establish and enforce a written policy gov- fund,which is available until June 30,2021.The total of erning its use,including requests for use from govern- $62.5 million is allocated as follows:$31.25 million is pro- ment entities.Public comment and input on written vided to the Minnesota Initiative Foundations to provide policies must meet the requirements described in subd. grants to small businesses in greater Minnesota and$31.25 9.Written policies must be posted on the law enforce- million is provided to approved lenders for grants to small ment agency's website,if the agency has a website. businesses in the seven-county metropolitan area.The • Notice; disclosure of warrant. Section 5,subd. 11 $62.5 million must also meet the following requirements: requires service of a warrant within 90 days of the court • $18 million for businesses employing six full-time work- unsealing the warrant and requires that the warrant be ers or less; filed with the court administrator within ten days of • $10 million for minority business enterprises; expiration of the warrant.The prosecutor may request • $2.5 million for veteran-owned businesses; that the warrant,supporting affidavits,and order granting • $2.5 million for women-owned business;and the request not be filed.An order must be issued grant- • A minimum of$2.5 million for owners of permanent ing the request,in whole or in part,if the court finds retail space and food markets with an ethnic cultural reasonable grounds exist that filing the warrant may emphasis. cause the search to be unsuccessful,create a substantial Effective July 17,2020. (DL) risk of injury to an innocent person,or severely hamper an ongoing investigation. • Reporting. Section 5,subd. 12 requires law enforce- ment agencies that maintain or use a UAV submit a ELECTIONS report to the Commissioner of Public Safety by Jan. 15 of each year with the following information from the COVID-19 elections bill preceding calendar year: Chapter 77 (HF 3429*/SF 3494) provides special pro- • Number of times a UAV was deployed without a cedures for the safe and secure conduct of the 2020 state search warrant,including dates of deployment and primary and state general elections during the COVID-19 authorized exception under subd.3;and outbreak.It includes the appropriation of funds for admin- • Total cost of the agency's UAV program. istration,security,accessibility,training,public health and The Commissioner of Public Safety,judiciary,and state safety in conducting the elections. court administrator are also required to provide annual Special procedures for the safe and secure con- reports related to the use of UAVs. duct of 2020 state primary and state general elec- Effective Aug. 1,2020,except that law enforcement agencies must tions. Section 1,subd.l applies only to the state primary adopt written policies by Feb. 15,2021. (IK) and state general elections conducted in 2020.Section 1, subd.2 outlines local authority allowing a city,by ordi- nance or resolution to: • Designate polling places after the deadline required by Minn.Stat.§204B.16,subd. 1,but no later than July 1,2020; • Train and designate employees of a healthcare facility or hospital to administer the absentee voting process under Minn.Stat.§ 203B.11;and 2020 Law Summaries Page 7 • Extend the period during which absentee ballots are earned on the amounts appropriated under subds. 1 and processed to include no more than two days follow- 2 is appropriated from the HAVA account to the Secre- ing the date of the election.If more ballots are to be tary of State for purposes authorized in subd.4.Subd.4 processed after the election,the county must submit a outlines authorized uses of the funds for: report to the Secretary of State as soon as practicable, • Modernizing,securing,and updating the state- but no more than four hours after the period ends,the wide voter registration system and for cybersecurity number of absentee ballots remaining to be counted upgrades as authorized by federal law; after the 24-hour period prescribed in Minn.Stat. • Improving accessibility; 203B.121,subd.5(c). • Preparing training materials and training local election • Schools as polling places. Section 1,subd.2 clari- officials; fies that the governing body of a municipality must only • Implementing security improvements for election sys- use a school as a polling place when no other public or tems; private location is reasonably available for use as a poll- • Funding other activities to improve the security of ing place.Nothing in subd.2 prohibits a local election elections;and official from responding to the outbreak of COVID-19 • Any activities authorized by section 4,subd.4. by exercising powers granted by the Minnesota Election Subd.5 prohibits the use of funds for any purpose not Law to address emergency situations that prevent the authorized by the federal Consolidated Appropriations safe,secure,and full operation of a polling place on elec- Act and requires that the Secretary of State and any politi- tion day. cal subdivision receiving a grant must cooperate with any • Processing absentee ballots. Section 1,subd.3 allows audits related to the use of the funds conducted by the for the county auditor or municipal clerk,and the appli- United States Election Assistance Commission,Office of cable ballot board,to begin processing absentee ballots the Inspector General.Subd.6 provides appropriations in 14 days prior to the date of the election.After the close section 3 are onetime and available until Dec.21,2024. of business on the 14th day before the election,a voter Help America Vote Act appropriation and trans- whose record indicates that an absentee ballot has been fer;federal CARES Act. Section 4,subd. 1 appro- accepted must not be permitted to cast another ballot at priates$6.9 million in fiscal year 2020 from the HAVA that election. account to the Secretary of State for the purposes autho- • Accepting electronic filings. Section 1,subd.4 allows rized by subd.4.Subd.2 appropriates a state match of a filing officer to accept electronic mail,facsimile,or $1.4 million in fiscal year 2021 from the general fund to other electronic submissions of any of the following: the HAVA account for purposes authorized by subd.4 • An affidavit of candidacy under Minn.Stat.� 20413.06, if,as of July 1,2020,a state match is required to secure including any applicable filing fees; the amount made available to the state under the fed- • A nominating petition under Minn.Stats.% 20413.07 eral Coronavirus Aid,Relief and Economic Security or 20413.08,including petition signatures collected (CARES)Act,Public Law 116-136.If,as of July 1,2020, electronically;and a state match is not required,the transfer and appro- • A request that a write-in candidate's votes be counted, priation must not be made.If the requirement of a state consistent with Minn.Stat.§ 20413.09,subd.3,or match is waived after July 1,2020,any unspent amounts other applicable law are canceled to the general fund.Subd.3 provides that • Nomination of 2020 presidential electors and any interest earned on the amounts appropriated under alternates. Section 2 provides that notwithstanding subds. 1 and 2 is appropriated from the HAVA account Minn.Stat.§208.03,the chairs of each major political to the Secretary of State for the purposes authorized in party may submit the names of presidential electors and subd.4.Subd.4 outlines authorized uses of the funds for alternates nominated to be elected at the 2020 state gen- the following purposes: eral election no fewer than 67 days prior to the date of • Ensuring the health and safety of election officials and the election. in-person voters,including the purchase of sanitation • Help America Vote Act appropriations and trans- and disinfectant supplies; fer;federal consolidated appropriations act. Sec- • Public outreach and preparations for implementing tion 3,subd. 1 appropriates$7.4 million in fiscal year social distancing guidelines related to voting,including 2020 from the Help America Vote Act (HAVA) account additional signs and staff; to the Secretary of State for purposes authorized by • Facilitation,support,and preparation for increased subd.4.Subd.2 appropriates a state match of$1.5 mil- absentee voting,including voter education materials, lion in fiscal year 2020 from the general fund to the printing,and postage; HAVA account to the Secretary of State for purposes • Preparation of training materials and administration of authorized by subd.4.Subd.3 specifies that any interest additional training of local election officials; Page 8 League of Minnesota Cities • Preparation of new polling place locations; retary of State may approve the application.No later than • Purchasing an electronic roster system meeting the Jan. 15,2021,the Secretary of State must submit a report technology requirements of Minn.Stat.§201.225, to the legislative committees with jurisdiction over elec- subd.2 along with equipment necessary to support the tions policy and state government finance on the use of system;and funds appropriated by this section.The report must detail • Issuing grants authorized by the local grant program the state's use of the funds and identify each jurisdiction established in subd.6,and administering that program. receiving a grant and the amount of each grant awarded. Subd.5 prohibits the use of funds for not authorized by Subd.7 stipulates that the appropriations provided in this the federal CARES Act and requires that the Secretary of section are onetime and available until March 27,2022. State and any political subdivision receiving a grant must Effective May 13,2020. (AL) cooperate with any audits related to the use of the funds conducted by the United States Election Assistance Com- mission,Office of the Inspector General. EMPLOYMENT • Grants for political subdivisions. Section 4,subd.6 states that the Secretary of State must administer grants Minimum age for operating amusement rides and to political subdivisions to support the activities autho- lawn mowers modified rized in subd.4.The Secretary of State may make a grant Chapter 98 (HF 3720/SF 3358*) allows minors of at least only after receiving an application from the county audi- 16 years of age to be employed to operate amusement for or municipal clerk responsible for administering the rides and certain lawn care equipment. election within that political subdivision.The application . Minors allowed to operate amusement rides. Sec- must contain the following information: tion 1 adds a subdivision to Minn.Stat.§ 181A.04.It • The date the application is submitted; allows minors of at least 16 years of age,to be employed • The name of the political subdivision requesting the in the operation of amusement rides or loading and grant; unloading of passengers from amusement rides."Opera- • The name and title of the individual who prepared the tion of an amusement ride"does not include main- application; tenance,testing,repair,erection,or dismantling of an • A description of the purpose of the grant request; amusement ride.The amusement rides to be operated by • The political subdivision's anticipated cost for efforts minors 16 or 17 years of age must be located in a fixed to prevent,prepare for,and respond to the COVID-19 site amusement park.Effective Aug. 1,2020. outbreak at the 2020 state primary and state general • Minors allowed to be employed to operate lawn elections; care equipment.Section 2 creates a new statute,Minn. • The total number of registered voters,as of the date Stat.§ 181A.116.It allows minors of at least 16 years of the application,in each precinct within the political of age to be employed to operate lawn care equipment. subdivision; "Lawn care equipment"means lawn trimmers,weed • The total amount of the grant requested; cutters,and machines designed to cut grass and weeds • A certified statement by the official responsible for the that meet safety specifications of the American National application that the grant will be used only for pur- Standards Institute/Outdoor Power Equipment Insti- poses authorized in subdivision 4;and tute's (ANSI/OPEI) B71.1 2017 definition of pedes- • Any other information required by the Secretary of trian-controlled mowers and ride-on mowers.A 16- or State. 17-year-old employed under this section must,prior to A political subdivision is eligible to receive a grant of no operating lawn care equipment,be trained in the safe more than 75% of the total cost of purchasing an elec- operation of each type of lawn care equipment listed and tronic roster system and necessary support equipment and wear personal protective equipment including,but not no more than 80% of the total cost of any other activi- limited to,safety glasses,hearing protection,gloves,safety ties authorized under subd.4.The Secretary of State must vest,and work boots,as necessary,at all times when establish a deadline for receipt of grant applications,a pro- operating the lawn care equipment. cedure for awarding and distributing grants consistent with Employer responsibilities for minors employed to this subdivision,and a process for verifying the proper use operate lawn care equipment.An employer employ- of the grants after distribution.In evaluating an application, ing a 16- or 17-year-old under this section must ensure the Secretary of State must consider only the information that lawn care equipment operators that are ages 16 or set forth in the application and is not subject to Minn.Stat. 17 follow all safety rules and instructions provided in Ch. 14 (Administrative Procedure Act).If the Secretary of the equipment's operator manual,including prohibiting State determines that the application has been fully and the operation of lawn care equipment on a slope greater properly completed,and there is a sufficient balance avail- than is recommended by the operator's manual. able to fund the grant,either in whole or in part,the Sec- 2020 Law Summaries Page 9 Employers must also ensure required safety equipment Lessard-Sams Outdoor Heritage funds allocated is in place and operational on all lawn care equipment, Chapter 104 (HF 2682*/SF 2732) is the annual appropria- including roll-over protection,seat belts,operator pres- tion of funds from the Lessard-Sams Outdoor Heritage ence control systems,interlocks,guards,and shields. Fund for hunting,fishing,and habitat purposes.The bill • Limitations of minors employed to operate lawn allocates approximately$118 million for specifically identi- care equipment.The exception under this section is fied projects related to the outdoors.It also requires that limited to minors who are directly employed by a golf meetings of the Lessard-Sams Outdoor Heritage Coun- course,resort,or municipality to perform lawn care on cil be streamed for live viewing and be stored on the state golf courses,resort grounds,and municipal grounds;and website for later viewing as well,unless the location makes minors who are directly employed by a rental property that not practicable.Effective July 1,2020,with a few specified owner and the minor performs lawn care on the owner's provisions with different enactment dates. (CJ) rental property. Effective May 28,2020. (AF) Recycling solid waste tax exemption,trust fund grant availability adjusted for COVID-19 Law enforcement salary survey First Special Session Chapter 4 (HF 37*/SF 48) creates Chapter 100 (HF 462*/SF 1014) is the omnibus transpor- session law that addresses environmental issues that have tation policy act.Section 20 adds a subdivision to Minn. been identified under the COVID-19 public health state Stat.§ 299D.03.It requires that by Jan. 1 of 2021,2023, of emergency. 2027,and 2031,the Legislative Auditor must conduct a Higher percentage of recycling and compost compensation and benefit survey of law enforcement offi- disposal allowed.Section 1,subd. 1 authorizes the cers in every police department in a city with a popula- Commissioners of the Department of Revenue and the tion in excess of 25,000,located in a metropolitan county Minnesota Pollution Control Agency to suspend the that is represented by a union certified by the Bureau of requirement that less than 15 percent of mixed munici- Mediation Services;or in a city of the first class.The State pal solid waste received by recycling or composting Patrol must also be included in the survey.The Legislative facilities be disposed of,rather than recycled or compos- Auditor must also include in the survey all benefits,includ- ted,as long as the need for that exception was triggered ing insurance,retirement,and pension benefits.The Leg- by operational changes implemented to address the islative Auditor must include contributions from both the COVID-19 pandemic. Effective June 19,2020. employee and employer when determining benefits.The Solid waste tax exemption maintained. Section Legislative Auditor must compile the survey results into a 1,subd.2 allows those materials to retain their exemp- report.The report must show each department separately. tion from the solid waste management tax,even if they The Legislative Auditor must transmit the survey report to needed to be disposed of in a landfill or at a resource the chairs and ranking minority members of the House of recovery facility.Effective for recyclable materials deliv- Representatives and Senate committees with jurisdiction ered to a disposal facility or resource recovery facility over the State Patrol budget.It is the legislature's intent after April 1,2020. to use the information in this study to compare salaries LCCMR grant expenditure deadline extended. between the identified police departments and the State Section 2 extends the time available to expend grant Patrol and to make appropriate increases to patrol trooper funds received through the Legislative-Citizen Commis- salaries.Effective May 28,2020. sion on Minnesota Resources (LCCMR) process from the Environment and Natural Resources Trust Fund that would previously have expired on June 30,2020,to J16ENVIRONMENT be available until June 30,2021.To use this extension, 1a recipient must notify the LCCMR and modify the Minor and technical changes made related to nox- applicable work plan.Section 2 is effective June 19,2020. ious weed management statutes Effective dates vary and are noted by section. (CJ) Chapter 89 (HF 4285*/SF 4223) is the omnibus agricul- ture policy bill.It includes provisions in Article 3 to update terminology and procedures used by the state,allows cooperative weed management plans between responsible governmental units,and adds two additional University of Minnesota members to the noxious weed advisory com- mittee,all of which are found in Minn.Stat.ch. 18.Effective Aug. 1,2020.(CJ) Page 10 League of Minnesota Cities • Land use documents under Minn.Stat.ch.505; GENERAL GOVERNMENT • Documents requiring the signature of a licensed archi- tect,licensed engineer,licensed land surveyor,licensed Medical exception to Open Meeting Law landscape architect,licensed geoscientist,or certified Chapter 74 (HF 4556*/SF 4462) is the omnibus COVID- interior designer under Minn.Stat.§ 326.03,subd.3,and 19 policy bill.Article 1,section 1 amends the interactive Minn.Stat.§326.12,subd.3; TV provision of the Open Meeting Law,Minn.Stat.5 • Applications for birth and death certificates under Minn. 13D.02.The new law allows participation in meetings by Stat§ 144.225;and interactive TV (such as Skype or Zoom) without making • Recording a notary commission under Minn.Stat. an elected official's location public when a health care pro- 359.061. fessional advises that elected official against being in public Effective May 17,2020,and expires Jan. 6,2021,or 60 days due to personal or family medical reasons.This allowance after the peacetime public health emergency is terminated,which- is only when a national security or peacetime emergency ever is earlier.(IK) has been declared under Minn.Stat.5 12.31 and can be used up to 60 days after the emergency has been lifted.An elected official may only use this exception and the cur- 0& HEALTH rent military exception for a total of three times in a cal- endar year.Also,whenever the interactive TV exception is Prescription drug price transparency act generally used for meetings,votes must be conducted by Chapter 78 (HF 1246/SF 1098*) requires drug manufac- roll call and be recorded in the minutes.Effective April 16, turers to report specified information on drug prices and 2020. (IK) costs to the Commissioner of the Department of Health for prescription drugs whose price increases exceed cer- Charter commission appointments and spending tain limits,and new prescription drugs and newly acquired limit prescription drugs whose price exceeds certain dollar Chapter 87 (HF 3483/SF 3298*) amends Minn.Stat. thresholds beginning Oct. 1,2021.The Commissioner is 410.05 to modify the process of appointing new or reap- also directed to post certain information on drug prices pointing existing charter commission members by extend- and report annually by Jan. 15 each year,beginning Jan. 15, ing the timeframe for a chief district court judge to make 2022,to the legislature on issues related to drug pricing an appointment from 30 days to 60 days and removes the and spending. Effective July 1,2020. (AL) option that a city council fill a vacancy if the chief district court judge fails to appoint within the 60 days.Minn.Stat. Raising the age for purchasing tobacco to 21 § 410.06 is also amended to increase the limit on annual Chapter 88 (HF 331*/SF 463) adds charter schools to the charter commission expenses required to be reimbursed by prohibition of tobacco in schools and increases the tobacco the city,which was last raised for first-class cities in 1961 sale age to 21 to conform to federal law.Penalties are also and for all other cities in 1947.Under current law,the limit modified for selling,providing,or furnishing these items, is $10,000 for the cities of Minneapolis,St.Paul,Duluth, and for purchasing or attempting to purchase these items and Rochester and$1,500 for all other cities.Under the if under age 21.Alternative penalties are required to be new law,the charter commission reimbursable expense established for certain violations.Other changes are made limit is a sliding schedule calculated as .07% of the city's to the Clean Indoor Air Act and statutes governing the sale current certified general property tax levy with a mini- of tobacco and related products. mum of$1,500 and a maximum of$20,000.A city retains Tobacco products prohibited in public schools. the authority to reimburse charter commission expenses in Section 1 amends Minn.Stat.§ 144.4165 by removing excess of the calculated limit. Effective Aug. 1,2020. (GC) a reference to the term"tobacco product"and strikes language that prohibits persons under 18 from possess- Expanded authority for electronic signatures during ing tobacco,tobacco products and electronic delivery COVID-19 devices at public schools. Chapter 92 (HF 4605*/SF 4525) allows cities,counties, Tobacco products shops.Section 2 amends Minn. and townships to accept certain documents,signatures, Stat.� 144.4167,subd.4 to amend the definition of a or filings electronically,by mail,or facsimile during the tobacco products shop that allows sampling of tobacco COVID-19 health pandemic regardless of any other law, products as a shop that a person under age 21 cannot rule,or ordinance otherwise.This allowance is for: enter at any time. • Planning and zoning applications and permits under Suspension;illegal purchase of alcohol or tobacco. Minn.Stat.chs.394 and 462; Section 3 amends Minn.Stat.§ 171.171 by striking a clause referring to a petty misdemeanor penalty for 2020 Law Summaries Page 11 using false identification to purchase tobacco.The sec- Defense. Section 8 amends Minn.Stat.5 461.12,subd. tion also provides that if a person lends a license or other 6,which is a subdivision establishing an affirmative identification to a person under 21 for certain pur- defense to a charge of selling tobacco or related items to chases,the Commissioner of the Department of Public an underage person.It changes the age at which a per- Safety must suspend the lender's license,and modifies son can purchase tobacco or related items from 18 to 21. the purchases covered by this clause to include tobacco,a Ban on self-service sales; exceptions. Section 9 tobacco-related device,an electronic delivery device,or a amends Minn.Stat.5 461.18 to change the age at which nicotine or lobelia delivery product. a person can enter a tobacco products store from 18 to • Administrative penalties for sales and furnishing; 21.This section clarifies that the prohibition of the sale licenses.Section 4 amends Minn.Stat.5 461.12,subd.2 of tobacco products and related items from vending to change the age at or above which a person can pur- machines does not apply to vending machines in loca- chase tobacco,tobacco-related devices,electronic deliv- tions that cannot be entered by persons under age 21, ery devices,and nicotine delivery devices from 18 to 21. rather than under age 18 as was previous law. Penalties now also apply to giving or furnishing these Age verification and signage required. Section 10 items,in addition to selling these items,which is in cur- adds new language to Minn.Stat.5 461.22,subds. 1 rent law.Penalties are also increased for selling,giving,or and 2 to require signage at all locations where tobacco, furnishing to a person under age 21,and allows a license tobacco-related devices,electronic delivery devices,and to be revoked for a third or subsequent violation. nicotine or lobelia delivery products are sold that sell- • Administrative penalties for sales and furnish- ing these products to a person under age 21 is illegal and ings;individuals. Section 5 amends Minn.Stat.5 that staff must verify the age of any person under age 461.12,subd.3 to make the $50 penalty apply to giving 30 who wants to purchase.Subd.2 requires that a retail or furnishing tobacco,tobacco-related devices,electronic seller of tobacco products must verify that a person seek- delivery devices,or nicotine or lobelia delivery prod- ing to buy tobacco products is at least 21 and that verifi- ucts to an underage person,in addition to selling these cation is not required if the purchaser appears to be age items,which is in current law.It also changes the age at 30 or older. or above which an individual can buy these items from Sale of tobacco to person under age 21. Section 11 another individual from 18 to 21 and makes imposition makes several changes to Minn.Stat.5 609.685. of the administrative penalty optional rather than man- • Definitions. Subdivision 1 modifies the description datory. of items and definitions of"tobacco"and"electronic • Alternative penalties for use of false identification; delivery devices:' persons under age 21. Section 6 amends Minn.Stat. • Penalty to sell or furnish. Subd. 1a changes the 5 461.12,subd.4,which is a subdivision allowing local penalty from a misdemeanor to a petty misdemeanor units of government to consult with interested persons for a first violation if a person gives or furnishes to develop alternative penalties for using a false identifi- tobacco or related items to those under 21.The pen- cation to buy tobacco,tobacco-related devices,electronic alty is also lowered for a subsequent violation from a delivery devices,or nicotine or lobelia delivery prod- gross misdemeanor to a misdemeanor. ucts.These changes include:changing references from • Use of false identification. Subd.2 changes the "children"or"minors"to"persons under the age of 21 penalty from a misdemeanor to an alternative civil years";listing the types of false identification that a per- penalty if a person under 21 buys or attempts to buy son uses that may subject them to penalties;and provid- tobacco or a related item with a false identification. ing that the penalties must be alternative civil penalties • Alternative penalties. Sub.2a directs law enforce- and prohibits alternative penalties from including fines ment and court system representatives to consult with or monetary penalties. interested persons to develop alternative civil penalties • Compliance checks. Section 7 amends Minn.Stat. for persons under 21 and lists options for alternative 461.12,subd.5 to change the age of persons involved in civil penalties,which cannot include fines or monetary compliance checks from over age 15 but under age 18 penalties. to at least 17 but under age 21.A person under age 18 • Petty misdemeanor. Subd.3 strikes language estab- is not required to get a parent's prior written consent to lishing a petty misdemeanor penalty for a person participate in compliance checks.It also specifies that the under age 18 who possesses or purchases tobacco or age requirements for participating in compliance checks related items. do not affect the age requirements in federal law for fed- • Effect on local ordinances. Subd.4 makes con- erally required compliance checks. forming changes since subd.3 was stricken. Page 12 League of Minnesota Cities • Exceptions. Subd.5 allows an American Indian to furnish tobacco to another American Indian under 21, LIQUOR AND TOBACCO rather than under 18 as was current law,if furnished as part of a traditional American Indian spiritual or cul- Limited off-sale for restaurants closed by executive tural ceremony,and exempts persons under 21,rather order than under 18 as was current law,from the penal- Chapter 75 (HF 4562/SF 4489*) allows a qualifying ties in this section if the person buys or attempts to licensee to offer off-sales of malt liquor,hard seltzer,cider, buy tobacco or related items for training,education, and wine with a prepared food takeout order,without research,or enforcement. obtaining an additional license,subject to certain limita- • Seizure of false identification. Subd.6 changes a tions. term from"retailer"to"licensee." Limitations.The limitations include: • Sale of nicotine delivery products to person under • Any sale of malt liquor,hard seltzer,cider,or wine is age 21. Section 12 amends Minn.Stat.§ 609.6855. made in conjunction with and is incidental to the sale • Penalty to sell or furnish. Subd. 1 changes the pen- of prepared food for takeout; alty from a misdemeanor to a petty misdemeanor for • The alcoholic beverages are sold in their original, a first violation if a person gives or furnishes a product unopened packaging; containing or delivering nicotine to a person under • No more than 72 ounces in total of malt liquor,hard age 21.But it is permissible to sell a product contain- seltzer,and cider;and 750 milliliters of wine may be ing or delivering nicotine or lobelia to a person under sold per prepared food takeout order; age 21 if the product is a drug,device,or combination • The qualifying licensee must confirm that the person product authorized for sale by the U.S.Food and Drug picking up the prepared food takeout order is at least Administration. 21 years of age as provided by Minn.Stat.§340A.503, • Use of false identification. Subd.2 changes the subd.6;and penalty from a misdemeanor to an alternative civil • The qualifying licensee must notify the insurer pro- penalty if a person under 21 buys or attempts to buy viding insurance coverage required by Minn.Stat.5 a nicotine or lobelia delivery product,but penalties do 340A.409 that it is making off-sales under this section. not apply if a person under age 21 buys or attempts to All laws and rules relating to the off-sale of liquor under buy these products for training,education,research,or Minn.Stat.§ ch.340A,not inconsistent with this section, enforcement purposes. apply to the sales allowed by this section including,but not • Alternative penalties. Subd.3 strikes language limited,to Minn.Stat.% 340A.502-.504. establishing a penalty for a person under age 18 who • No delivery allowed.No delivery of alcoholic bever- possesses or purchase a nicotine or lobelia delivery ages is authorized and the governing body of a munici- product.It also directs law enforcement and court pality may elect to prohibit the off-sale of alcoholic system representatives to consult with interested per- beverages authorized by this law sons to develop alternative civil penalties for persons • "Qualified licensee" definition. For purposes of this under 21 and lists options for alternative civil penalties, section,"qualifying licensee"means a restaurant holding which cannot include fines or monetary penalties. an on-sale intoxicating liquor license issued under Minn. Effective Aug. 1,2020. (AL) Stat.§ 340A.404,subd. 1(a)(2),or subd.6(a),or a restau- rant holding an on-sale wine license issued under Minn. Stat.§ 340A.404,subd.5. HOUSING • No changes to licensed brewers.Nothing in this section affects or modifies the ability of a licensed Modular home definition modification and reloca- brewer to make off-sales of alcoholic beverages under tion trust fund changes the law. Chapter 99 (HF 3625/SF 3443*) amends Minn.Stat. • Expiration.This authority expires when the closure 327.31,subd.23 to change the definition of"modular of restaurants as set forth in Executive Order 20-04,as home"from a single-family dwelling to a"one- or two- modified and extended by Executive Orders 20-18 and family dwelling"and amends Minn.Stat.§327C.095,subd. 20-33,or any subsequent order,expires or is terminated 12 to change the payment deadline to the manufactured or rescinded. home relocation trust fund from Nov 30 to Oct.31.Effec- Effective April 18,2020. (AL) tiveAug. 1, 2020. (DL) Omnibus liquor bill Chapter 103 (HF 2290/SF 2130*) is the 2020 omnibus liquor bill.It includes some miscellaneous liquor law pro- visions and authorizes several local liquor licenses. 2020 Law Summaries Page 13 • Additional events at ballparks or stadiums. Sec- management contract with the city or its agent for the tion 1 amends Minn.Stat.§ 340A.404,subd. 1 by adding city-owned facility known as St.Cloud Orthopedics "and any other events"to item (d).A city may issue an Field. on-sale wine license and on-sale malt liquor license to a Chaska Athletic Park. Section 8 authorizes the city person who is the owner of a summer collegiate league of Chaska to issue an on-sale liquor license for events baseball team or to a person holding a concessions or occurring each year between May 1 and Aug.30 at management contract with the owner for beverage sales the Athletic Park located at 725 West 1st Street in the at a ball park or stadium located within the city.The city of Chaska. additional language includes other events in addition to St.Paul Food Hall. Section 9 authorizes the city of baseball games. St.Paul to issue an on-sale intoxicating liquor license • City of Minneapolis concessions or catering con- for an anchor tenant or umbrella operator for a dis- tracts. Section 2 amends Minn.Stat.§ 340A.404,subd. tinct,compact,and contiguous premises which con- 2 to allow the city of Minneapolis to issue one or more tains restaurants and closes by midnight.The license on-sale intoxicating liquor licenses to any entity holding may allow service and consumption anywhere within a concessions or catering contract with the Minneapo- the defined premises as long as consumption of lis Park and Recreation Board for use on the premises of licensed beverages sold by the license holder is within the Downtown Commons Park,the Minneapolis Sculp- the food establishment area or common areas within ture Garden,or at Boom Island Park.The licenses autho- the licensed premises. rized by this subdivision may be used for space specified • Baudette Arena Association. Section 10 authorizes within the park property,provided all such space is Lake of the Woods County to issue temporary licenses included in the description of the licensed premises on for the Baudette Arena Association. the approved license application.The licenses authorize • Maple Lake Ice Fishing Derby,Inc. Section 11 sales on the dates on the approved license application. authorizes Wright County to issue a temporary on- Effective upon approval by the Minneapolis City Coun- sale license to the Maple Lake Ice Fishing Derby,Inc. cil and in compliance with Minn.Stat.§ 645.021. The authority to issue and approve the on-sale license • Sunday delivery of alcohol to on-sale licensee under this section expires May 1,2022. prohibited. Section 3 amends Minn.Stat.§340A.504, City of Forest Lake, Castlewood Golf Course. subd.4 by adding"or on-sale"to clarify that no delivery Section 12 authorizes the City of Forest Lake to issue of alcohol to an off-sale or on-sale licensee may be made an on-sale intoxicating liquor license for the Cas- by a wholesaler or accepted by an off-sale or on-sale tlewood Golf Course located at 7050 Scandia Trail licensee on a Sunday. North in the city of Forest Lake and owned by the • Airport Commission authority to set hours of city.The city is deemed the licensee. sale. Section 4 amends Minn.Stat.§340A.5041 to allow Junior Hockey Leagues. Sections 13,14,and 15 the Metropolitan Airports Commission to set hours of authorize the cities of St.C1oud,Austin,and Roch- sale at on-sale locations within the security areas of the ester to issue on-sale wine licenses and on-sale malt Lindbergh and Humphrey Terminals. liquor licenses to a person who is the owner of a • Reporting of pension obligations. Section 5 amends junior hockey league team or to a person holding a Minn.Stat.§340A.602 to clarify that costs related to concessions or management contract with the city pension obligations of municipal liquor store employ- or the team owner for beverage sales at the St.Cloud ees,as required by Statement 68 of the Governmental Municipal Ice Arena,the Riverside Arena in Austin, Accounting Standards Board,should not be regarded in and the Rochester Recreation Center. the report of the operations of a municipal liquor store City of Pierz Golf Course. Section 16 autho- showing a net loss prior to interfund transfer. rizes the City of Pierz to issue an on-sale intoxicating • Local liquor licenses. Sections 6-19 are local licensing liquor license,an on-sale wine license,or an on-sale authorizations. malt liquor license for the city-owned Pierz Golf • City of St.Paul licenses. Section 6 amends the Course.The city is deemed the licensee. authority of the city of St.Paul to issue a temporary City of Pemberton Community Center. Section on-sale intoxicating liquor license to Twin Cities in 17 authorizes the City of Pemberton to issue an on- Motion for the Twin Cities Marathon for both days of sale intoxicating liquor license,an on-sale wine license, the weekend that the marathon is held instead of one or an on-sale malt liquor license for the city-owned day. Pemberton Community Center.The city is deemed • Sartell special license. Section 7 authorizes the city the licensee. of Sartell to issue an on-sale intoxicating liquor license to a person or entity holding a concessions or Page 14 League of Minnesota Cities • City of Roseville Cedarholm Golf Course. Sec- School District from participation in PERA.Labor- tion 18 authorizes the City of Roseville to issue ers,plumbers,pipefitters,and operating engineers are an on-sale intoxicating liquor license for the city- excepted from the exclusion for trades employees. owned Roseville Cedarholm Golf Course located at Contributions to certain multiemployer plans 2323 Han-dine Avenue North.The city is deemed the authorized.Article 2,section 2 creates Minn.Stat. licensee. 356.27.It authorizes the City of St.Paul and the St. • Minnesota Lakes Maritime Society. Section 19 Paul School District to make contributions to cer- authorizes the City of Alexandria to issue temporary tain multiemployer plans on behalf of employees in licenses to the Minnesota Lakes Maritime Society, the building and construction trades.Trades employees doing business as the Legacy of the Lakes Museum, hired before July 1,2020 who have been participating without regard to the restriction set forth in Minn. in the PERA General Plan and a multiemployer plan, Stat.§ 340A.410,subd. 10(b). are grandfathered and will be permitted to continue Local liquor licenses in sections 2 and 6-19 are effective upon to participate in both PERA and their multiemployer approval by the county boards or city councils in each jurisdiction plan.Trades employees hired on or after July 1,2020 and in compliance with Minn. Stat.§645.021.A//other provi- are not permitted to participate in PERA.The city sions effective May 28,2020. (AL) and school district are required to annually report to the Legislative Commission on Pensions and Retire- ment the number of grandfathered trades employees 10 LOCAL LAWS for whom these employers are still making contribu- tions to PERA. Special legislation allowing increased members for Requirement repealed.Article 2,section 3 repeals North Branch PUC a requirement that has not been complied with for Chapter 102 (HF 3242/SF 3020*) allows the City of many years,if ever,which is that any change in ben- North Branch to increase their public utility commission efits or employer contributions to a supplemental membership from three to five members.The change was plan will not take effect unless approved by the leg- requested by the city.Effective the day following approval by islature."Supplemental plans"include multiemployer the city council and in compliance with Minn. Stat.§645.021. plans,school district 403(b) plans,municipal 457(b) (CJ) plans,and other retirement plans sponsored by pub- lic employers that are not one of the statewide plans. f Effective May 28,2020. PENSIONS Phase-out of enhanced augmentation under PERA when a medical facility privatizes pro- Omnibus Pensions and Retirement Act vided.Article 3 revises Minn.Stat.ch.353F,which Chapter 108 (HF 3903/SF 3808*) is the Omnibus Pen- provides additional benefits to employees whose PERA sions and Retirement Act.Summarized below are provi- coverage ends when their employer changes from a gov- sions that may be of interest to cities. ernmental subdivision to a nonprofit or for-profit cor- • City of St.Paul and St.Paul School District poration.Affected employers include hospitals,nursing contributions to multiemployer plans modified. homes,and other medical facilities.The article phases Article 2 resolves an issue related to the City of St.Paul out enhanced augmentation for these employees.Begin- and the St.Paul School District.It was discovered that ning July 1,2020,the augmentation rate for all pre- the city and St.Paul School District were contributing viously privatized employees is reduced to 2% and is to both the Public Employees Retirement Association eliminated entirely effective Jan. 1,2024. Effective May (PERA) General Plan for its union employees and to 28,2020. union-sponsored multiemployer retirement plans.State State auditor reporting requirements for pen- law prohibits contributing to both,unless the state law sion plans modified.Article 4 revises Minn.Stat.ch. includes an exception from the general prohibition. 356.It updates and clarifies the requirements for report- Employees excluded from PERA definition ing to the State Auditor by public pension plans that modified.Article 2,section 1 amends Minn.Stat. do not fully invest their assets with the State Board of 353.01,subd.2b.It revises the definition of employees Investment (SBI).It also removes redundant report- who are excluded from PERA coverage by combin- ing requirements for the SBI.Generally,the updated ing all the clauses dealing with employees in a variety reporting requirements apply to the Bloomington Fire of building and construction trades into one clause.It Department Relief Association,the St.Paul Teachers prospectively excludes trades employees hired on or Retirement Fund Association,and volunteer firefighter after July 1,2020,by the City of St.Paul or St.Paul relief associations that are not fully invested through the SBI.Effective May 28,2020. 2020 Law Summaries Page 15 • PERA administrative changes provided.Article 6 • Clarifies that a deferred member of a former relief makes administrative changes to Minn.Stat.ch.353,as association is eligible for the benefit the member requested by PERA,as follows: would have received from the former relief association, • Clarifies the definition of a"seasonal employee;" even though the benefit will be paid from the SVF; • Clarifies that a member who purchases service credit • Permits a fire chief to initiate a benefit increase under for a period of military service is permitted to pur- the lump-sum division of the SVF,not just the gov- chase service credit for less than the entire period of erning body of the municipality,as under current law; military service if the period is longer than one year and and that such purchases must be in increments of six • Changes the official name of the SVF from"volun- months; tary statewide volunteer firefighter retirement"plan or • Clarifies the date as of which a member or survivor fund to"statewide volunteer firefighter plan"or"state- is able to be considered as having begun to receive wide volunteer firefighter fund,"as applicable.Effective a retirement annuity,bounce-back annuity,or survi- May 28,2020. vor annuity,where the member or survivor does not Credit for service for Maplewood firefighter pro- file an application for benefits immediately upon the vided.Article 9 is a 2020 Session Law that permits a retirement or death; former firefighter employed by the city of Maplewood • Clarifies language in the Phased Retirement Option to purchase service credit under the PERA Police and (PRO) and states that a member wishing to use the Fire Plan for a period of approximately 7 months when PRO must continue working in the same position for he should have been participating in the plan,but had the same employer as the member had prior to enter- not been enrolled by the City.If the member pays the ing into the PRO; missed employee contributions with interest,the City • Clarifies the graded vesting requirements for the must pay the missed employer contributions with inter- PERA Police and Fire Plan; est,and PERA will credit the service. Effective May 28, • Makes a number of modifications to the PERA Police 2020. and Fire Plan disability provisions including clarify- Increase in the maximum lump-sum pension ing that a member is not required to terminate service amount for volunteer firefighters provided.Article before being eligible to apply for a disability benefit 10 amends Minn.Stat.§ 424A.02,subd.3.It increases and making retroactive corrections to reflect actual the maximum lump-sum pension amount that is multi- operation in compliance with federal law;and plied by years of service to compute lump sum benefits • Repeals a provision permitting members to suspend under a defined benefit relief association.The maximum or reduce their annuity payments for a period of time. is increased from$10,000 to $15,000 and incremen- EffectiveJuly 1,2020. tal amounts are added between$10,000 and$15,000. • Administrative changes to the PERA Statewide The article also repeals Laws 2018,chapter 211,arti- Volunteer Firefighter (SVF) Plan.Article 7 makes cle 14,section 29,which permits Plymouth to increase administrative changes to Minn.Stat.ch.353G,as its lump-sum amount up to $12,500.The section is requested by the PERA Statewide Volunteer Firefighter repealed because the new maximum lump-sum amount Plan Advisory Committee,as follows: is higher than the current$12,500 maximum available to • Provides that the definition of"governing body"is Plymouth.Effective Jan. 1,2021. the governing body of a municipality or indepen- Authorized allocation of fire state aid modified. dent nonprofit firefighting corporation or,in the case Article 11 contains the recommendations of the Fire of a joint powers entity,the governing bodies of the State Aid Work Group to permit a municipality to allo- municipalities associated with the joint powers entity; cate (or split) its fire state aid between its career firefight- • Establishes a process for a governing body to elect ers and its volunteer firefighters,but only if the amount coverage by the SVF when there is no existing volun- allocated to the career firefighters is agreed to by the teer fire relief association; relief association.Under current law,if a municipality is • Modifies the process for transferring coverage from a affiliated with a relief association,any fire state aid the volunteer fire relief association to the SVF; municipality receives must be sent to the relief associa- • Establishes procedures for approval when the approv- tion.This remains true regardless of whether the munici- ing body is a joint powers entity; pality also has full-time or career firefighters covered by • Permits the calculation of a lump-sum pension the Public Employees Retirement Association (PERA) amount using months rather than years if it is provided Police and Fire Plan. for in the relief association's bylaws; Page 16 League of Minnesota Cities • Distribution of aid according to agreement Dissolution and retirement plan termination required.Article 11,section 1 amends Minn.Stat. procedure specified.Article 12,section 15 creates 477B.04,subd.3.It requires a municipality affiliated Minn.Stat.§ 42413.22.It consists of 12 subdivisions with a relief association to distribute fire state aid in providing a new set of procedures and requirements accordance with an aid allocation agreement if one for dissolving a relief association and terminating its exists.Effective for aids payable in 2021 and thereafter. retirement plan.Steps in the process include fully vest- • Split fire state aid allocation authorized.Arti- ing all members in their retirement benefits;authority cle 11,section 2 creates Minn.Stat.§ 47713.042.It to increase the lump sum amount or monthly benefit authorizes municipalities to allocate fire state aid amount to reduce any surplus and pay the surplus to between their affiliated volunteer firefighter relief firefighters in the form of larger retirement benefits. association and their career firefighters if there is an ("Surplus"is defined in Section 14 as the amount by aid allocation agreement between the municipal- which assets exceed liabilities.);a requirement that the ity and the relief association.It requires that any aid board of trustees transfer any remaining surplus to the allocated to career firefighters must be used to pay affiliated municipality up to the amount of required PERA employer contributions within 18 months of contributions made by the municipality during the the transfer or be returned to the relief association.It preceding 10 years,and thereafter split any remain- describes the requirements for an acceptable aid allo- ing surplus equally between the relief association and cation agreement.It provides for the termination of the municipality;and a requirement that payment of an aid allocation agreement by the mutual consent of all retirement benefits within 210 days of the effective the municipality and the relief association or by either date of plan termination,thereby allowing firefighters party upon a 50% or more change in the fire state aid to receive their benefits immediately,rather than wait- transmitted to the municipality by the state.It estab- ing until they reach age 50. lishes a requirement that aid allocation agreements Current law repealed.Article 12,section 16 repeals must be filed with the state auditor.Effective for aids Minn.Stat.§ 42413.20 and Minn.Stat.§ 42413.21,cur- payable in 2021 and thereafter. rent law on dissolution of relief associations.Effective • Hibbing and Austin allocation agreements May 28,2020. grandfathered.Article 11,section 3 is a 2020 Ses- Brooklyn Park Firefighters'Relief Association dis- sion Law that grandfathers the fire state aid allocation solution and plan termination provided.Article 13 arrangements of the cities of Hibbing and Austin.Hib- is a 2020 Session Law that provides for the dissolution bing is allocating fire state aid under a court ordered of the Brooklyn Park Firefighters'RehefAssociation and settlement agreement and a 1980 session law.Austin the termination of the retirement plan administered by is allocating fire state aid under a session law passed in the relief association.The relief association is required to 2019.Both cities are permitted to continue their cur- fully vest all accounts in the relief association retirement rent arrangement until such time as their arrangement plan and make immediate distributions of accounts, changes.At that point,the cities would be required to among other requirements.Effective the day after com- comply with sections 1 and 2 as described above.Effec- phance with the local approval requirements in Minn. tive May 28,2020. Stat.§ 645.021,which require approval by the Brooklyn • Eagan allocation authorized.Article 11,section 4 Park City Council and the filing of the council's resolu- is a 2020 Session Law that permits the City of Eagan tion with the Secretary of State. to allocate fire state aid paid in 2020 pursuant to an aid Ramsey Volunteer Firefighters'Relief Association allocation agreement.The authority to do so expires division authorized.Article 14 is a 2020 Session Law June 30,2022.Effective May 28 and applies retroactively that provides for the division of the Ramsey Firefighters' from Jan. 1,2020. Relief Association.The cities of Ramsey and Nowthen • Relief association dissolution and retirement plan are in the process of terminating a joint powers agree- termination provided.Article 12 is legislation result- ment by which fire services were provided through one ing from the recommendations of the Conversions and fire department.Effective May 28,2020. Dissolutions Work Group. Volunteer Firefighter Relief Associations conver- • Definitions provided.Article 12,sections 1-14 add sions from defined benefit plan to defined con- subdivisions to Minn.Stat.§ 42413.01 to include new tribution plan provided.Article 15 is also the result definitions for"defined benefit plan"and"defined of recommendations from the Conversions and Disso- contribution plan;""municipality,"which addresses lutions Work Group (the first is Article 12 pertaining to municipalities that are part of a joint powers agree- dissolutions and retirement plan terminations). ment;"required contribution;"and"retiree in pay status." 2020 Law Summaries Page 17 • Definitions provided.Article 15,sections 1-12 add 2021,accrued liability will be determined based on a subdivisions to Minn.Stat.§ 424B.01.They provide method and factors to be updated and maintained in new definitions to supplement definitions already pro- the Appendix to the Pension Commission's Standards vided in the section. for Actuarial Work,allowing the Legislative Commis- • Conversions from defined benefit plan to sion on Pensions and Retirement to revise the table defined contribution plan process specified. without needing to pass legislation.Effective May 28, Article 15,section 13 creates Minn.Stat.§ 42413.13. 2020. It consists of 10 subdivisions that provide a procedure Effective dates vary and are noted by section.(AF) and requirements for converting a defined benefit relief association to a defined contribution relief asso- •zSPUBLIC FINANCE ciation.The new procedures include a requirement that all retirement benefits under the defined benefit State disaster assistance account replenished plan become fully vested and authority to allocate any Chapter 68 (HF 3633/SF 3564*) transfers$30 million to surplus among the new accounts in the defined con- the state disaster assistance contingency account.That fund tribution plan.Effective May 28,2020. is used to meet local match requirements for federal disas- • State Auditor's Volunteer Firefighter Work- ter assistance,as well as for other state disaster assistance ing Group recommendations.Article 16 contains purposes found in Minn.Stat.§ 12.221,subd.6.Effective the recommendations of State Auditor's Volunteer Fire May 18,2020.(CJ) Relief Association Working Group. • Time to dispute shortened.Article 16,section 1 _ amends Minn.Stat.§ 424A.003 by revising the periodPUBLIC SAFETY of time in which a firefighter can dispute the fire \ chief's annual service credit certification from 60 days Law enforcement use of unmanned aerial vehicles to 21 days.Effective Jan. 1,2021. See summary under Data Practices. • Technical term modified.Article 16,section 2 amends Minn.Stat.§ 424A.014,subd. 1 by replac- Eyewitness identification policies required ing the term"governmental auditing standards"with Chapter 90 (HF 627*/SF 1256) creates Minn.Stat. "auditing standards"in a section describing required 626.8433.It requires law enforcement policies on best audited financial statements.Effective May 28,2020. practices for eyewitness identifications. • Defined contribution requirement for inactive Statewide model policy required.Subd. 1 provides members modified.Article 16,section 3 amends that by Nov. 1,2020,the Peace Officer Standards and Minn.Stat.§ 424A.016,subd.4 by modifying the Training (POST) Board,in consultation with stakehold- requirements for defined contribution plans to require ers,must develop a model policy that articulates best that defined contribution plans credit inactive mem- practices in eyewitness identification and promotes um- bers with investment gains or losses.Effective Aug. 1, form practices statewide.The POST Board must dis- 2020. tribute this model policy to all chief law enforcement • Defined contribution requirement for deferred officers.At a minimum,the policy must require that: members modified.Article 16,section 4 amends A person administering a live or photographic lineup Minn.Stat.§ 424A.016,subd.6 by modifying the be unaware of the suspect's identity,or if that is not requirements for defined contribution plans to require practical,the administrator use a photographic lineup that defined contribution plans credit deferred mem- that prevents the administrator from seeing which bers with investment gains or losses.Effective May 28, member of the photographic lineup is being viewed 2020. by the eyewitness at a given time; • Benefits based on service clarified.Article 16, Before the procedure,the eyewitness be instructed that section 5 amends Minn.Stat.5 424A.03 by clarifying the perpetrator may or may not be in the lineup; provisions that require pension and retirement benefits • Non-suspect"fillers"used in the lineup be substan- to be based on service,not compensation.Effective May tially similar to the eyewitness'description of the per- 28,2020. petrator;and • Lump-sum relief technical changes provided. • Immediately after an identification is made,the eye- Article 16,section 6 makes technical changes to Minn. witness provide a statement in the eyewitness'own Stat.§ 424A.092,subd. 1.Effective May 28,2020. words that articulates the level of the eyewitness'con- • Accrued liability determination modified.Article fidence in the identification. 16,section 7 amends Minn.Stat.§ 424A.092,subd.2. It provides that starting with calculations performed in Page 18 League of Minnesota Cities • Agency policies required. Subd.2 provides that by makes changes to laws governing police conduct,training, Feb. 1,2 02 1,the chief law enforcement officers of every and oversight.In a one-day special session on Aug. 12,the state and local law enforcement agency shall adopt and Legislature passed Third Special Session Chapter 2 (3rd SS implement a written policy on eyewitness identification HF 2*/3rd SS SF 2),which amended some of the provi- practices that is identical to or substantially similar to the sions in the Police Accountability Act.Summarized are model policy developed under subd. 1. provisions in the Police Accountability Act,as amended in • Admissibility of evidence not impacted. Subd.3 the third special session,that may be of interest to cities. provides that nothing in this section is intended to pre- Public safety peer counseling and critical incident clude the admissibility of any relevant evidence or to stress management defined and authorized. Sec- affect the standards governing the admissibility of evi- tions 1 through 4 define"public safety peer counseling" dence under the United States or Minnesota Constitu- and"critical incident stress management"and protect tion. information shared during peer counseling critical inci- Effective Aug. 1,2020. (AF) dent stress management settings by classifying it as pri- vate data. (Note:Section 36 of the Police Accountability Omnibus public safety and corrections policy act Act repeals Minn.Stat.§ 181.973,the public safety peer Chapter 110 (HF 3391/SF 3258*) is the omnibus public counseling and debriefing program that is replaced in safety and corrections policy act.Summarized below are this Act.) provisions that may be of interest to cities. Data classification conforming changes pro- • Conservation officer limitation removed. Section vided. Section 1 amends Minn.Stat.§ 13.43,subd. 1 amends Minn.Stat.§ 169A.03,subd. 18.It removes 9 by making conforming changes in relation to the limitations on when a conservation officer qualifies as classification of peer counseling data.Effective Aug. 1, a"peace officer"under the driving while intoxicated 2020. (DWI) chapter.Under current law,conservation offi- Data classification provided. Section 2 amends cers only have the authority to enforce provisions of the Minn.Stat.§ 13.43 by adding a subdivision that classi- DWI chapter against individuals who are hunting,or fies data acquired by a critical incident stress manage- operating off-road recreational vehicles or motorboats ment team member when providing critical incident while under the influence of alcohol,drugs,or an intoxi- stress management services.It provides that informa- cating substance.Effective Aug. 1,2020. tion provided during public safety peer counseling • Unmanned aerial vehicle prohibition provided. and critical incident stress management sessions are Section 5 creates Minn.Stat.§243.552.It creates the not admissible as evidence in any personnel or occu- misdemeanor crime of operating a drone in the air- pational licensing matter involving the person being space above a state prison or other property controlled debriefed or counseled. Effective Aug. 1,2020. by the Commissioner of the Department of Corrections. "Public safety peer counseling" defined and It assesses a gross misdemeanor penalty to those who authorized. Section 3 creates Minn.Stat.§ 181.9731. operate a drone in violation of this new law while using It defines the terms"emergency service providers," the drone to record images or to introduce items that "peer support counselor,"and"public safety peer are not contraband into a prison without authorization. counseling"for purposes of this section.It prohibits a Effective Aug. 1,2020. peer support counselor from providing public safety • Local match temporarily suspended for youth peer counseling to an emergency service provider if intervention program grants. Section 7 is a 2020 the peer support counselor was a witness to the criti- Session Law.It eliminates the local match requirement cal incident.It prohibits disclosure of information for youth intervention program grants made in calendar obtained solely through the provision of,or receipt of, year 2020 before the Governor's declaration of a peace- peer counseling unless an exception listed applies.It time emergency if grant recipients suspended or severely establishes five exceptions to the prohibition on dis- limited programming in response to the peacetime closure: (1) to prevent a person receiving services from emergency.The Office of Justice Programs is required to harming self or others,(2) to make mandatory reports report on the number of grant recipients who either met of abuse,(3) have written consent of the person who or were unable to meet the local match requirement in received services,(4) if the person is deceased and the 2020.Effective May 28,2020. surviving spouse or estate administrator gives written Effective dates vary and are noted by section.(AF) consent,or (5) if that person testifies.Effective Aug. 1, 2020. Police Accountability Act "Critical incident stress management" defined The eight-day special session that began July 13 and ended and authorized. Section 4 creates Minn.Stat.5 July 21 produced Second Special Session Chapter 1 (2nd 181.9732.Defines terms including"crisis intervention SS HF 1*/2nd SS SF 37),the Police Accountability Act.It services:"'critical incident:"'critical incident stress 2020 Law Summaries Page 19 management:"'emergency service provider,""critical prevent great bodily harm;(3) the decision by a peace incident stress management team,"and"peer support officer to use deadly force shall be evaluated from the activity."It prohibits a peer support counselor from perspective of a reasonable officer in the same situa- providing public safety peer counseling to an emer- tion,based on the totality of the circumstances known gency service provider if the peer support counselor to or perceived by the officer at the time,rather than was a witness to the critical incident.It prohibits dis- with the benefit of hindsight,and that the totality of closure of information obtained solely through the the circumstances shall account for occasions when provision of,or receipt of,crisis intervention services officers may be forced to make quick judgments about unless an exception listed applies.It establishes five using deadly force;and (4) peace officers should exer- exceptions to the prohibition on disclosure: (1) to cise special care when interacting with individuals prevent a person receiving services from harming self with known physical,mental health,developmental,or or others,(2) to make mandatory reports of abuse,(3) intellectual disabilities as an individual's disability may have written consent of the person who received ser- affect the individual's ability to understand or comply vices, (4) if the person is deceased and the surviving with commands from peace officers.Effective March 1, spouse or estate administrator gives written consent,or 2021. (5) if that person testifies.Effective Aug.20,2020. Use of deadly force authority limited. Section • Independent Use of Force Investigations Unit 10 amends Minn.Stat.§ 609.066,subd.2.It limits the established. Section 5 creates Minn.Stat.§ 299C.80. authority of peace officers to use deadly force in the It establishes an independent Use of Force Investiga- course of their duties.It provides that an officer must tions Unit in the Bureau of Criminal Apprehension be able to articulate the threat with specificity,the (BCA).The unit is responsible for investigating all offi- threat must be reasonably likely to occur absent action cer involved deaths in the state as well as criminal sexual by the officer,and the threat must be one that requires assault allegations made against peace officers.The unit the officer to address it through the use of deadly expires Aug. 1,2024. Effective Aug. 1,2020. force without unreasonable delay.It restricts the use of • Residency incentives for peace officers autho- deadly force in cases where the person only presents a rized. Section 6 adds a subdivision to Minn.Stat.5 danger to self.Effective March 1,2021. 415.16.It provides that a statutory or home rule charter Use of force reporting required. Section 11 creates city or county may offer incentives to encourage a per- Minn.Stat.§ 626.5534.It requires chief law enforce- son hired as a peace officer,as defined in Minn.Stat. � ment officers to provide the information requested by 626.84,subd. 1,paragraph (c),to be a resident of the city the Federal Bureau of Investigations (FBI) regarding or county.Effective Aug. 1,2020. any use of force by peace officers that results in seri- • Limitations on the use of certain restraints pro- ous bodily injury or death to the BCA.It directs the vided. Section 8 adds a subdivision to Minn.Stat.5 superintendent of the BCA to adopt a reporting form. 609.06.It prohibits peace officers from using the follow- It requires chief law enforcement officers to file the ing restraints unless the use of deadly force is authorized: report required once per month.It directs the super- a chokehold,securing all of a person's limbs together intendent of the BCA to summarize and analyze the behind the person's back ("hog tying"),and securing a reports and annually file a written report with the leg- person in any way that results in transporting the per- islative committees with jurisdiction over public safety. son face down in a vehicle.It defines"chokehold"as a Effective Aug. 1,2020. method of applying sufficient pressure to a person to Peace Officer Standards and Training (POST) make breathing difficult or impossible or stop the flow Board membership expanded.Section 12 amends of blood to the brain via the carotid arteries.Effective July Minn.Stat.§ 626.841.It increases the number of POST 24,2020. Board members from 15 to 17,with the two additional • Use of deadly force provisions established and appointments being members of the public appointed by modified. Section 9 through 11 establish and mod- the governor (this increases the number of members of ify provisions related to law enforcement use of deadly the public on the POST Board from two to four).Effec- force. tive Aug. 1,2020. • Use of deadly force legislative intent provided. Rules governing complaints provided. Section 13 Section 9 adds a subdivision to Minn.Stat.§ 609.066. adds a subdivision to Minn.Stat.§ 626.843.It provides It declares that: (1) the authority to use deadly force that,if the POST Board establishes a subcommittee to conferred on peace officers is a critical responsibility investigate licensure actions,that subcommittee must that must be exercised judiciously and with respect for have one voting board member appointed from the gen- human rights and dignity and for the sanctity of every eral public and three voting board members who are human life; (2) peace officers should use deadly force current or former peace officers.Effective Aug. 1,2020. only when necessary in defense of human life or to Page 20 League of Minnesota Cities • Warrior-style training defined and prohibited. agency policies to conform with the model policies and Section 14 creates Minn.Stat.� 626.8434.It defines must keep records of compliance. "warrior-style training"as"training for peace officers Updated policies required. Section 17 adds a subdi- that dehumanizes people or encourages aggressive con- vision to Minn.Stat.§ 626.8452.It requires the POST duct by peace officers during encounters with others Board,in consultation with interested parties,to adopt in a manner that deemphasizes the value of human life an updated model policy on peace officer use of force or constitutional rights,the result of which increases a by Sept. 1,2020.It provides that the model policy peace officer's likelihood or willingness to use deadly must recognize and respect the sanctity and value of force."It prohibits the POST Board from approving law all human life and the need to treat all people with enforcement training courses that incorporate warrior dignity and without prejudice.It requires the updated training and from granting continuing education credit policy to include a duty for peace officers to: (1) inter- or reimbursement payments to peace officers who attend cede when other officers are using force that is beyond courses that include warrior training.It also prohibits what is objectively reasonable;(2) report the illegal chief law enforcement officers from providing warrior use of force by other officers;and (3) only use deadly training to peace officers.Effective Aug. 1,2020. force,including choke holds and other techniques lim- • Ensuring Police Excellence and Improving Com- ited under Minn.Stat.§ 609.06,subd.3,as authorized munity Relations Advisory Council established. under law and after considering less lethal measures.It Section 15 creates Minn.Stat.§ 626.8435.It establishes directs the POST Board to incorporate recent changes the Ensuring Police Excellence and Improving Com- to limitations on the use of force and use of deadly munity Relations Advisory Council under the POST force statutes even if those statutes have a delayed Board.The 15-member Council includes representatives effective date.It requires the chief law enforcement from the law enforcement community,the public,and officer of every state and local law enforcement agency members appointed by the legislature.It provides that to update the agency's policy on use of force by Dec. the duties of the Council are to assist the board in main- 15,2020,so that it is consistent with the board's taining policies and regulating peace officers in a man- updated policy.It directs the board to assist local law ner that ensures the protection of civil and human rights, enforcement agencies in developing and implementing provide for citizen involvement in policing policies and the updated policies.Effective Aug. 1,2020. supervision,and promoting positive interactions between Record-keeping required. Section 18 amends peace officers and the community.It requires the POST Minn.Stat.§ 626.8452,subd.4.It requires the head of Board's chair to place the Council's recommendations every local and state law enforcement agency to keep on the POST Board's agenda within four months of records of compliance with the updated policies on receiving the recommendations.It directs the Council to peace officer use of force.Effective Aug. 1,2020. submit a report by Feb. 15 of each year to the chairs and POST Board authorized to inspect policies. ranking members of the legislative committees and divi- Section 19 amends Minn.Stat.§ 626.8452,subd.5.It sions with jurisdiction over criminal justice policy and provides that the POST Board has authority to inspect the POST Board.The report must include the recom- state and local law enforcement policies to ensure mendations made by the Council to the POST Board compliance with the requirement to establish and and how the POST Board acted on those recommenda- update policies on the use of force and use of deadly tions.It requires the POST Board to convene the first force.It permits the POST Board to conduct inspec- meeting of the Council by Oct. 15,2020. (Note:incor- tions based upon complaints or through a random porated changes from 3rd Special Session.) Effective July selection process.Effective Aug. 1,2020. 24,2020. Report of alleged misconduct database established • Peace officer database establishment required. and report required. Section 20 amends Minn.Stat.5 Section 16 adds a subdivision to Minn.Stat.§ 626.845.It 626.8457,subd.3.It requires the chief law enforcement directs the POST Board,in consultation with represen- officer of each law enforcement agency to submit,in tatives from the law enforcement community,to create real time,certain individual peace officer data classified a database to serve as a central repository for peace offi- as public to the POST Board,beginning July 1,2021. cer data received as required in section 20 of the Police It directs the POST Board to determine what data is Accountability Act (as summarized below).It requires necessary to evaluate the effectiveness of required train- data on individual officers to be encrypted.Effective July ing,assist the Ensuring Police Excellence and Improving 24,2020. Community Relations Advisory Council in accomplish- • Updated policies and record-keeping required. ing the Council's duties,and permits the POST Board Sections 17 through 19 require the POST Board to and Council to identify patterns of behavior that sug- adopt updated model policies on peace officer use gest an officer is in crisis or likely to violate a manda- of force.Chief law enforcement officers must update tory policy.It requires chief law enforcement officers to 2020 Law Summaries Page 21 update the submitted data.It directs the POST Board developed by the POST Board.It provides that the addi- to prepare a report summarizing the data received.It tional training is part of the required 16 hours of training requires that the report be posted on the POST Board's for peace officers in crisis intervention,conflict manage- website and submitted to the legislative committees and ment,and recognizing and valuing community diversity. divisions with jurisdiction over criminal justice policy. It requires the head of every local and state law enforce- (Note:incorporated changes from 3rd Special Session.) ment agency to maintain written records on the agen- Effective Aug. 1,2020. cy's compliance with the requirements and establishes • Training in crisis response, conflict manage- requirements for those records.A person is not eligible ment, and cultural diversity required. Section 21 to take the peace officer licensing examination after July amends Minn.Stat.§ 626.8469.It requires that six of 1,2022,unless the individual has received the training the required 16 hours of training for peace officers in described. (Note:incorporated changes from 3rd Special crisis intervention,conflict management,and recogniz- Session.) Effective Aug. 1,2020. ing and valuing community diversity include training Duty to intercede and report provided. Section 23 standards on crisis intervention and mental illness crisis creates Minn.Stat.§ 626.8475.It establishes a duty for training.It requires that four of the required 16 hours of peace officers to intercede when another officer is using training include training on safer interactions between excessive force and report incidents of excessive force peace officers and persons with autism.It requires the to supervisors.Failure of a peace officer to intercede POST Board,in consultation with the commissioner of or report excessive force subjects the officer to POST the Department of Human Services and mental health Board discipline.Effective Aug. 1,2020. stakeholders,to create a list of approved entities and Peace officer grievance arbitration selection pro- training courses to instruct peace officers in techniques cedure established. Section 24 creates Minn.Stat. for responding to a mental illness crisis.It requires the 626.892.It creates a new six-person arbitrator roster course to include instruction on ten specific subjects and appointed by the commissioner of the Bureau of Media- on responding to situations where children and fami- tion Services (BMS),in consultation with stakeholders, lies of individuals with mental illness are present during to hear grievance arbitrations for written discipline,dis- a crisis.It requires the head of every local and state law charge,and termination of peace officers that arise under enforcement agency to maintain written records on the collective bargaining agreements covering peace officers. agency's compliance with the requirements and estab- It does not apply to any other public employees.Fees lishes requirements for those records.It directs the POST charged by the roster are set annually by the commis- Board to include an evaluation of the effectiveness of the sioner of the BMS.Appointees must be qualified to hear training in reducing officer use of force and diverting peace officer grievance arbitrations and cannot hear any people experiencing a mental illness crisis from arrest. other labor arbitrations.It sets initial terms for appoint- Beginning July 1,2021,the training must be provided by ments to expire in Jan.2023,2024,or 2025,and provides an approved entity.The POST Board must create a list of for three-year terms after that.It allows reappointments. approved entities and training courses and make the list It applies current rules for arbitration rosters and pro- available to the chief law enforcement officer of every ceedings,including status,conduct,and standards for state and local law enforcement agency.Each peace offi- arbitrators.It requires training for arbitrators,including cer with a license renewal date before June 30,2022,and initial training on racism,implicit bias,diversity,cultural who received the training mandated before July 1,2021, competency,and the daily experience of peace officers. is not required to receive this training by an approved It requires the BMS commissioner to assign an arbitra- entity until the officer's next full three-year licensing for or panel on a rotating basis,alphabetically by arbitra- cycle.For every peace officer and part-time peace officer for last name,and without participation from the parties. with a license renewal date of June 30,2022,or later,the Arbitration decisions are final,subject to the appeal pro- training must include a minimum of six hours for crisis cess under the Uniform Arbitration Act.Changes to the intervention and mental illness crisis training that meets selection procedure for peace officer grievance arbitra- the standards established and include a minimum of four tions under this section supersede contrary existing law hours to ensure safer interactions between peace officers for arbitrator selection.Parties cannot agree to a different and persons with autism. (Note:incorporated changes selection procedure in future collective bargaining agree- from 3rd Special Session.) Effective Aug. 1,2020. ments covering peace officers.Current rules and Minn. • Autism training required. Section 22 creates Minn. Stat.chs. 179A and 572B only apply if consistent with Stat.§ 626.8474.It requires that by Jan. 1,2021,the this section.Effective Sept. 1,2020. POST Board must develop learning objectives for courses that train peace officers to work with citizens with autism.It requires current and future peace officers to complete training that satisfies the learning objectives Page 22 League of Minnesota Cities • Missing and Murdered Indigenous Women Task operate a database for peace officer data.The base for Force provisions modified. Sections 25,27,and the appropriation is $500,000 in fiscal year 2022 and 28 pertain to the Missing and Murdered Indigenous thereafter.Effective July 24,2020. Women Task Force. Ensuring Police Excellence and Improving • Use of appropriation extended. Section 25 Community Relations Advisory Council appro- amends Laws 2019,First Special Session ch.5,art. 1, priation provided. Section 33 is a session law that section 12,subd.7.It permits the Missing and Mur- appropriates $23,000 in fiscal year 2021 to the POST dered Indigenous Women Task Force to continue Board for costs associated with providing support for using an appropriation made in 2019 until June 30, the Ensuring Police Excellence and Improving Com- 2021.Effective July 24,2020. munity Relations Advisory Council.The base for the • Report deadline extended. Section 27 amends appropriation is $20,000 in fiscal year 2022 and there- Laws 2019,First Special Session ch.5,art.2,section after. Effective July 24,2020. 28,subd.4.It requires the Missing and Murdered Data system staffing appropriation provided. Indigenous Women Task Force to file a report on Dec. Section 34 is a session law that appropriates $96,000 15,2020 and extends the deadline for the Task Force in fiscal year 2021 to the POST Board for costs asso- to file its final report from Dec. 15,2020,to June 30, ciated with staffing the database that receives data 2021.Effective Aug. 1,2020. on peace officers.The base for the appropriation is • Task force extended. Section 28 Laws 2019,First $128,000 in fiscal year 2022 and thereafter.Effective Special Session ch.5,art.2,section 28,subd.5.It July 24,2020. extends the existence of the Missing and Murdered Peace officer crisis intervention and mental ill- Indigenous Women Task Force to June 30,2021.Effec- ness crisis training appropriation provided.Sec- tive Aug. 1,2020. tion 35 is a session law that appropriates $145,000 in • Appropriations provided. Sections 26 through 35 fiscal year 2021 from the general fund to the POST contain several appropriations that may be of interest to Board to meet the new requirements for the POST cities: Board in relation to training in crisis intervention and • Peace officer training assistance extended. Sec- mental illness crises;conflict management and media- tion 26 amends Laws 2019,First Special Session ch. tion;and recognizing and valuing community diversity 5,art. 1,section 13,subd.4.It extends the sunset on and cultural differences.The base for the appropriation an annual appropriation of$6 million to the POST is $137,000 in fiscal year 2022 and thereafter. (Note: Board for supporting and strengthening law enforce- incorporated changes from 3rd Special Session.) Effec- ment training from fiscal year 2022 to fiscal year 2024. tiveJuly 24,2020. Effective Aug. 1,2020. Effective dates vary and are noted by section.(AF) • BMS funding for law enforcement arbitration provided. Section 29 is a session law that appropri- ates $120,000 in fiscal year 2021 to the BMS for costs t� associated with peace officer grievance procedures. TRANSPORTATION The base for the appropriation is $47,000 in fiscal year 2022 and thereafter.Effective Aug.2020. Omnibus Transportation Policy Act • Independent Use of Force Investigations Unit in Chapter 100 (HF 462*/SF 1014) is the omnibus transpor- BCA appropriation provided. Section 30 is a ses- tation policy act.Summarized below are provisions that sion law that appropriates $3.365 million in fiscal year may be of interest to cities. 2021 to fund the operations of the independent Use Notification by road authority to private road of Force Investigations Unit in the BCA.The base for owner required. Section 1 adds a provision to Minn. the appropriation is $3.272 million in fiscal years 2022 Stat.§ 160.05,subd. 1.It provides that before a road and 2023,and$0 in fiscal year 2024.Effective Aug.20, authority may make any repairs or conduct any work on 2020. a private road,the road authority must notify the owner • Autism training appropriation provided. Section of the road of the intent to make repairs or conduct 31 is a session law that appropriates $8,000 in fiscal work on the private road.The notice must be sent to the year 2021 to the BCA for training peace officers in owner by certified mail.The notice must specify the seg- autism awareness and response.Effective Aug.20,2020. ment of road that is the subject of the notice and state • Database appropriation provided. Section 32 is a the duration of the repairs or work.It does not apply session law that appropriates$3.5 million in fiscal year to a road segment for which: (1) repair or work started 2021 to the POST Board to build,implement,and before Aug. 1,2020 or (2) a road authority has continu- ously maintained since before Aug. 1,2020. Effective Aug. 1,2020. 2020 Law Summaries Page 23 • Escort vehicles for overdimensional loads require- Mental health identifier authorized. Section 15 adds ments provided. Section 11 creates Minn.Stat.§ a subdivision to Minn.Stat.5 171.07.It provides that 169.812.It provides requirements related to escort vehi- upon the written request of the applicant,the Commis- cles for overdimensional loads. sioner of the Department of Public Safety must issue a • Escorts based on width regulations provided. driver's license or Minnesota identification card bearing The section provides that no escort vehicle is required a graphic or written identifier for a mental health condi- if the width of an overdimensional load is 15 feet or tion.The applicant must submit the written request for less as measured at the bottom of the load or is 16 feet the identifier at the time the photograph or electroni- or less as measured at the top of the load.Only one cally produced image is taken.The Commissioner must rear escort vehicle is required on a multilane divided not include any specific medical information on the roadway if the width of an overdimensional load is driver's license or Minnesota identification card. Effective more than 15 feet as measured at the bottom of the Aug. 1,2020. load or is more than 16 feet as measured at the top of Law enforcement salary survey. Section 20 requires the load.Only one lead escort vehicle and one rear the Legislative Auditor conduct a compensation and escort vehicle is required on any undivided roadway if benefit survey of law enforcement officers.See summary the width of an overdimensional load is more than 15 under Employment. feet as measured at the bottom of the load or is more Effective dates vary and are noted by section.(AF) than 16 feet as measured at the top of the load.Only one lead licensed peace officer is required when any part of an overdimensional load or a vehicle transport- ing an overdimensional load extends beyond the left of the centerline on an undivided roadway.The Com- missioner of the Department of Transportation may require additional escorts when deemed necessary to protect public safety or to ensure against undue dam- age to the road foundations,surfaces,or structures. The Commissioner must specify in the permit (1) the number of additional escorts required and (2) whether the operators of the escort vehicles must be licensed peace officers or may be escort drivers. • Escorts based on length regulations provided. When a vehicle transporting an overdimensional load is operated on a multilane divided roadway,only one rear escort vehicle is required if the overdimensional load has an overall length exceeding 110 feet,or only one lead escort vehicle and one rear escort vehicle is required if the overdimensional load has an over- all length exceeding 150 feet.One lead escort vehicle and one rear escort vehicle is required on any undi- vided roadway if the overall length of the overdimen- sional load exceeds 110 feet.The Commissioner of the Department of Transportation may require additional escorts when deemed necessary to protect public safety or to ensure against undue damage to the road foundations,surfaces,or structures.The Commissioner must specify in the permit (1) the number of addi- tional escorts required and (2) whether the operators of the escort vehicles must be licensed peace officers or may be escort drivers. Effective May 28,2020. Page 24 League of Minnesota Cities League of Minnesota Cities Intergovernmental Relations Department The League's Intergovernmental Relations (IGR) staff work on legislative issues that matter to cities.Feel free to contact our IGR staff members with any questions,concerns,or suggestions regarding legislative issues. IGR staff members and legislative issues: Gary Carlson Craig Johnson Daniel Lightfoot Intergovernmental Relations Director Intergovernmental Relations Representative Intergovernmental Relations (651) 281-1255 (651) 281-1259 Representative gcarlson@lmc.org cjohnson@lmc.org (651) 281-1295 wwwtwitter.com/garyncarlson wwwtwitter.com/cajohnson_1 dlightfoot@lmc.org Legislative issues: Legislative issues: wwwtwitter.com/DFLightfoot • Aid to cities • Energy • Economic development • Environment Legislative issues: • Pensions and retirement • Land use and annexation • Broadband • Public finance • Local/tribal relations • Cable/franchising • Taxes • State bonding • Housing • Tax increment financing (TIF) • Sustainable development mat• Telecommunications & infor- • Workers'compensation • Wastewater,drinking water,and Wireless technology ss infrastructure stormwater Wrele Anne Finn Assistant Intergovernmental Relations Director Irene Kao Ann Lindstrom (651) 281-1263 Intergovernmental Relations Counsel Intergovernmental Relations afinn@lmc.org (651) 281-1260 Representative www.twitter.com/annemfinn ikao@lmc.org (651) 281-1261 www.twitter.com/irenewkao com/irenewkao alindstrom@lmc.org Legislative issues: wwwtwitter.com/AnnRL • Emergency management Legislative issues: • Employment and human resources • Building codes Legislative issues: • Public safety • Civil liability • Elections • State bonding • Data practices and Open Meeting • Employment and human • Transportation Law resources • Employment law • Federal relations and advocacy Ted Bengtson • Land use,zoning,and annexation • Local/state regulation and IGR Administrative Coordinator licensing (651) 281-1242 • Preemption tbengtson@lmc.org www.twitter.com/tbengtsonLMC Legislative issues: • General • Member relations 2020 Law Summaries Page 25 From: Mary Mccomber To: Eric Johnson Subject: Fwd:COVID-19 Update:Confronting Our New Normal this Fall Date: Wednesday,September 2,2020 9:43:02 AM For weekly notes -----Original Message----- From: National League of Cities (NLC) <covid19@nlc.org> To: marymccomber@aol.com Sent: Wed, Sep 2, 2020 8:35 am Subject: COVID-19 Update: Confronting Our New Normal this Fall If this message is not displaying properly,please view the online version. National League of Cities LEADERSHIP UPDATE Colleagues, Happy September! Much like this summer, fall will bring new challenges and opportunities as we continue to confront our new normal. As many of us are sending our children back to school virtually, colleges are navigating how to hold classes, and civil unrest continues to persist, it is clear that our communities are adapting to unprecedented circumstances—and we need help. We are still pushing Congress to act. Months of federal inaction has strained local government beyond its breaking point. Before local governments can begin to rebuild our economies, we need the resources to get back on our feet. With the election approaching, we need to make sure politicians keep in mind the level of government that has been on the front lines since the beginning— local government. We're still fighting for you. NLC is dedicated to adapting right along with you, providing new resources and research. Sending you strength, Joe Buscaino President, National League of Cities President Pro Tempore, Los Angeles City Council Virtual City Summit - Register Today RESOURCES UPCOMING EVENTS WEBINAR: Adequately Equipping Your City With PPE I Thursday, Sept. 3, 1 pm ET NLC Partner, SC Health is hosting a webinar on navigating challenges with PPE procurement, popular PPE products and how SC Health can help. Register now. WEBINAR: Economic Opportunity: Stimulus Payment Outreach I Thursday, Sept. 3, 1 pm ET With the passage of the CARES Act, individuals can receive up to $1200 to help offset the economic impacts of the pandemic if they apply by October 15. An estimated 12 million eligible individuals nationwide have yet to claim their funds. Join this webinar to learn about how the City of Durham is helping its residents access these funds through partnerships, technology, and outreach. Register here. WEBINAR: Tools to Assess and Support Local Housing Needs Through Landlord Engagement I Thursday, Sept. 3, 2:45 pm ET Join us, the Housing Alliance of Pennsylvania, and the City of Rochester to learn about the Landlord Survey template and other tools to assist in preventing evictions and how other communities have successfully engaged landlords and their residents on important housing issues. Register here. WEBINAR: US Mayors Roundtable: Our Fight to Economic Recovery I Thursday, Sept. 17, 2 pm CT/3:00 pm ET Join Mayor Stephen Benjamin of Columbia, SC as he hosts a conversation with Mayor Francis Suarez of Miami, FL and Mayor Latoya Cantrell of New Orleans, LA about how their cities are responding to COVID-19 and working towards economic recovery in the midst of the pandemic. Space is limited. Register now. OPPORTUNITIES New Resource from Societal Experts Action Network(SEAN) of the National Academies of Science, Engineering and Medicine Access a new online resource to help decision makers in local governments increase participation and cooperation in contact tracing from the Societal Experts Action Network (SEAN) of the National Academies of Science, Engineering and Medicine. Based on survey research, strategies include providing advance notice, partnering with trusted sources, offering incentives, and developing messages that appeal to people's motivations. Download here. BEST PRACTICES How Cities Can Help Bring COVID-19 Financial Relief to Residents NLC has highlighted ways that municipalities can lift up the 8 awareness of the CARES Act funding for black communities and overall, but the data shows more work needs to be done. Are your residents among the estimated twelve million people in the United States who did not receive their stimulus relief? Read more. Looking Beyond the Crisis: Helping Governments Navigate a COVID-19 Surge The reopening journey differs for every region in our country. NLC partner Accela has put together five "check-in" points for elected and appointed officials to help stem the tide of the coronavirus. Read more. Three Keys to Speed in Government Service If operating a business during a pandemic has taught us anything, it's that speed matters, and speed of services, therefore, has `® become the lynchpin between being able to stand up services quickly, or completely clipping an agency's ability to provide what is most needed to keep a community humming. Read more. IN THE NEWS Local Governments Have Embraced New Technology to Weather the Pandemic, Survey Finds Route Fifty-August 31, 2020 The rocky road ahead: How will COVID-19 affect America's already-questionable infrastructure? IWCE's Urgent Communications-August 27, 2020 National League of Cities 8 A A A You may opt out of email communications from NLC at any time. Update your communication preferences. This message was intended for: marymccomber@aol.com. To stop receiving these emails, click here. 660 North Capitol Street, NW, Suite 450, Washington, DC 20001 Privacy Policy I @ 2020 NLC, All Rights Reserved Powered by Higher Logic From: Mary Mccomber To: Eric Johnson Subject: Fwd: Lasting Affordability in Housing Now:Our Path to Racial Equity Date: Saturday,August 29,2020 7:02:32 AM For weekly notes -----Original Message----- From: National League Of Cities (NLC)<news@nlc.org> To: marymccomber@aol.com Sent: Sat, Aug 29, 2020 6:03 am Subject: Lasting Affordability in Housing Now: Our Path to Racial Equity View in browser. 8 Lasting Affordability in Housing Now: Our Path to Racial Equity 8 Lasting Affordability in Housing Now: Our Path to Racial Equity As our nation responds and recovers from the dire health and economic consequences of the COVID-19 global pandemic, local, state and national leaders must all commit to achieving positive racial equity impacts. We must seize this unanticipated tragic situation as an opportunity to achieve just outcomes. This demands an inclusive community decision-making process for interventions that will be planned and launched to benefit communities of color in the coming months and years ahead. Read more. leadership application ad ®� Setting a Precedent in These Unprecedented Times City employees, from office personnel (both on-site and remote) and first responders to sanitation workers and recreational staff must have ongoing access to the PPE they need in order to do their jobs properly and stay healthy so your citizens trust them. Read more. Embedding Equity in Early Childhood Success Whether in a big, small, mid-sized, city, town, or village — local government is uniquely positioned to improve ®` early childhood outcomes and build a tomorrow where every child can succeed. It is through our local governments that we come together as a community. Read more. Looking Beyond the Crisis: Helping Governments Navigate a COVID-19 Surge Less than two months ago, as communities across — America began conversations around a safe reopening of businesses, government, and other public places, Accela prioritized and published our playbook of considerations for local leaders to consider for reopening. Read more. City Summit Banner Ad News Revenue Shortfalls, Low Morale and New Technology: A Survey of Government Leaders in the Age of Covid-19 Route Fifty- August 26, 2020 Cities, states fear they may lose critical FEMA dollars for coronavirus response Washington Post- August 25, 2020 Announcements JOIN US: National Forum: Re-Imagining Public Safety Engaging Leaders' Voices COVID-19 and the political uprisings that followed George Floyd's murder brought to light many long standing-issues with our public safety systems. Now is the time to re-imagine public safety in our cities. This forum will highlight best practices and emerging, promising ideas from local leaders through a guided discussion by the MacArthur Foundation and NLC. Register here. LEARN MORE: Tools to Assess and Support Local Housing Needs Through Landlord Engagement Join us, the Housing Alliance of Pennsylvania, and the City of Rochester to learn about the Landlord Survey template and other tools to assist in preventing evictions and how other communities have successfully engaged landlords and their residents on important housing issues. Register here. TUNE IN: Economic Opportunity: Stimulus Payment Outreach With the passage of the CARES Act, individuals can receive up to $1200 to help offset the economic impacts of the pandemic if they apply by October 15. An estimated 12 million eligible individuals nationwide have yet to claim their funds. Join this webinar to learn about how the City of Durham is helping its residents access these funds through partnerships, technology, and outreach. Register here. Job Postings Deputy City Manager - City of Rowlett, TX Network Administrator - City of Spokane Director of Neighborhood, Housing & Human Services - City of Spokane National League of Cities O8 8 -8 -8 You may opt out of email communications from NLC at any time. Update your communication preferences. This message was intended for: marymccomber@aol.com 660 North Capitol Street, NW, Suite 450, Washington, DC 20001 Privacy Policy I @ 2020 NLC, All Rights Reserved Powered by Higher Logic From: Mary Mccomber To: Eric Johnson Subject: Fwd:Thought Leadership on Addressing Challenges during COVID-19 Date: Wednesday,September 2,2020 7:15:46 AM For weekly notes -----Original Message----- From: National League of Cities (NLC) <membership@nlc.org> To: marymccomber@aol.com Sent: Tue, Sep 1, 2020 4:15 pm Subject: Thought Leadership on Addressing Challenges during COVID-19 If this message is not displaying properly,please view the online version. National League of Cities i Thought Leadership for Addressing COVID Challenges As a local leader and city staff, you are responding to multiple challenges at a time. 2020 has been like no other. And NLC knows how important relevant resources are to help you in your work with your communities. Here are a few articles from our partners that offer best practices on addressing a myriad of challenges related to COVID-19. From ensuring adequate personal protective equipment to funding communications needs during a public health crisis. Most are only a 2-3 minute read and offer some great insights for your work during these challenging times. Funding Communications Needs During a Public Health Crisis As we find ourselves in the middle of a national emergency, effective communications between local, state and federal agencies will be key to successful mitigation, response and recovery activities during theCOVID-19 pandemic. Read More Setting a Precedent in These Unprecedented Times JR, City officials are facing issues they may not have ever anticipated, and certainly had not adequately prepared for. Read More Telling Your City's Story During COVID It is no secret that COVID-19 has had a substantial impact on cities JR, across the nation. We see how our localities are overwhelmed but there are still ways for cities to promote engagement. Read More Public-Private Partners A Solution to Aging Infrastructure Infrastructure is aging, the national deficit is growing and tax revenue ®` has taken a hit from COVID-19. Many communities are wondering where they will find the funds to provide basic services to their residents. Read More xLearn More about Savings & Solutions Partnersin■ National League of Cities A A This message was intended for: marymccomber@aol.com. To stop receiving these emails, click here. 660 North Capitol Street, NW, Suite 450, Washington, DC 20001 Privacy Policy I @ 2020 NLC, All Rights Reserved Powered by Higher Logic From: Lockridoe Grindal Nauen P.L.L.P. To: Eric Johnson Subject: LGN Federal Update:August 31,2020 Date: Monday,August 31,2020 2:02:57 PM ViewOnline .Foriffird logo image Rebecca J. Kanninen LGN Feoerl Partner Stimulus Talks Slowly Restart,With Little Progress Toward a Deal House Speaker Nancy Pelosi and White House Chief of Staff Mark Meadows talked for the first time in three weeks late last week about the stalemate on a new pandemic relief bill, although without making any breakthrough to put negotiations back on track. load image Speaker Pelosi said congressional Democrats are continuing to insist that the White House and congressional Republicans double their offer Emily J. Tranter on a stimulus package for an economy still experiencing high rates of Lead Lobbyist, Policy and unemployment and business closures spurred by the pandemic. Federal Government According to the Speaker, Democrats are now willing to reduce their Affairs initial$3.4 trillion proposal to$2.2 trillion, about$200 billion less than load image they had suggested earlier in the month. The Republican consensus has hovered closer to$1 trillion in stimulus dollars. Mr. Meadows last week predicted that there would be no stimulus deal until the end of next month, and said that it may be combined with a stopgap resolution, which will likely be needed to sustain funding of the federal government beyond September 30. Deadlines Loom as Congress Remains Adjourned for Final Nathaniel C. Mussell Summer Recess Week Partner With just weeks left in the legislative year, Congress faces a number of load image deadlines on September 30, including a transportation to-do list that could lead to potentially dire consequences if no action is taken. In addition to the likely need for a Continuing Resolution to keep the federal government funded past the end of next month, Congress will need to act on the Payroll Support Program, funding that has allowed airlines to keep employees on the payroll despite decreased fliers. Further, the current surface transportation law, the FAST Act, is Lianne M. Endo expiring on the same day. Highways and transit are paid for via the Federal Relations federal gas tax-funded Highway Trust Fund,which could run out of load image money quickly if the law were not extended or replaced. The Senate is returning to Washington on September 8, but the House does not have votes scheduled until the following week. Minnesota Delegation Notes •Senators Amy Klobuchar(D-MN)and Tina Smith (D-MN)joined 22 of their colleagues in calling on the FCC to boost its Lifeline program, the primary federal program charged with helping low-income families Megan G. Knight obtain broadband and telephone services. Read more here. Federal Relations •Congressman Jim Hagedorn (R-MN-01)joined 24 House colleagues in a letter to U.S. Department of Agriculture Secretary Sonny Perdue requesting that schools be allowed flexibility in the implementation of the child nutrition program. Read more here. •Congresswoman Angie Craig (D-MN-02)toured the future route of load image the Veterans Memorial Greenway in Eagan and Inver Grove Heights. Read more here. •Congressman Dean Phillips (D-MN-03)announced he is writing a Robert F. Sherman bill to ban future campaign events and political party conventions from Federal Relations occurring at the White House. Read more here. load image •Congresswoman Betty McCollum(D-MN-04)and four of her House colleagues led a letter to the Director of the Centers for Disease Control and Prevention requesting an explanation for the recent announcement of new COVID-19 testing recommendations. Read more here. •Congresswoman Ilhan Omar(D-MN-05) led a letter to USDA Secretary Perdue requesting that a recent decision not to renew waivers for the Summer Food Service Program and Seamless Summer Vince M. Spinner Option school meal programs be reversed. Read more here. Federal Relations load image •Congressman Tom Emmer(R-MN-06)voiced his support for the Minnesota National Guard and Minnesota law enforcement for their work in Minneapolis last week. Read more here. X •Congressman Collin Peterson (D-MN-07)announced that he was awarded the U.S. Chamber of Commerce's Spirit of Enterprise Award, along with a number of other Members of Congress. Read more here. •Congressman Pete Stauber(R-MN-08) held a roundtable discussion with local female business owners in Taylors Falls, MN to Randy Kelly discuss the recovery from COVID-19. Read more here. Senior Advisor load image 0 Livestream: Bridging Divides—What to Do When People Disagree - League of Minnesot... Page 1 of 2 LMCLEAGUE MINNESOTA CITIES Livestream: Bridging Divides - What to Do When People Disagree <All League Events(https://www.Imc.org/learning-events/events/league-events/) Your LMC Resource Jamie Oxley Training Program Coordinator (651)281-1250 or(800)925-1122 iox1ey2lrnc.orV REGISTER NOW! (https://www.sourcewelI-mn.gov/statewide-regional-solutions/community/professional- development/civil-discussions) Please note:Registration is through Sourcewell. This presentation is jointly offered on behalf of the Minnesota State Demographic Center,the Minnesota Service Cooperatives,the League of Minnesota Cities,the Association of Minnesota Counties,and the Minnesota Association of Townships. As a city leader,there are times when you work with people who have different perspectives,values,and goals.Combining different visions can lead to new,innovative ideas and creative solutions that keep cities I-IV -I V r S T r�f moving forward.However,when emotions run high and positions are BRIDGING deeply held,these situations can also lead to conflicts. ©I V IF� qWI D E Take part in this free virtual event along with colleagues from cities, W I�A7 P b d counties,school boards,and townships to learn how to effectively WHEN P E O FAL diffuse conflicts and work to create solutions in your community.During D 15 AG R E E this online session,you will practice: Methods for de-escalation. • Ways to manage high emotions. • Tactics to increase mutual understanding and build consensus. • Effective communication techniques for difficult situations. • Ways to identify what other people need,even when they aren't saying it. • How to provide support to help people be responsive. • Solutions you can implement that integrate the needs of everyone involved. • Conversation instead of confrontation. Visit the League's Collaboration Services nage(httl2s://www.imc.org/resources/collaboration-services/)for more information on how your city can work together better. Presenter: Dave Bartholomay,Program Coordinator,Minnesota Department of Administration,Office of Collaboration and Dispute Resolution Dave Bartholomay is a qualified neutral under Rule 114 of the Minnesota General Rules of Practice for the District Courts and has previously led a successful community dispute resolution program serving suburban and greater Minnesota.He has a master's degree in political science and extensive public sector leadership experience at the federal,state,and local government level. About the Office of Collaboration and Dispute Resolution https://www.Imc.org/learning-events/events/league-events/livestream-bridging-divides-what... 9/4/2020 Livestream: Bridging Divides—What to Do When People Disagree - League of Minnesot... Page 2 of 2 The Office of Collaboration and Dispute Resolution(OCDR)is a unique statewide resource that helps resolve difficult public issues.OCDR does this through work on individual projects and through training and capacity building so that all of Minnesota has access to new and innovative methods to work through today's challenging issues. OCDR accomplishes this through the use of innovative collaborative processes because they believe the best public solutions come from people working together on issues.OCDR uses structured,facilitated dialogue to help people examine diverse viewpoints and interested so they can build the consensus that leads to better solutions.OCDR's neutrality,expertise,and experience in leading successful projects across the state makes it an effective state-level resource. Services provided include assessment,process design,mediation,facilitation,convening,consensus building,training,and more.OCDR specializes in working with public sector entities.Their approach is to uncover the core concerns and goals of the parties underlying the issues in dispute so they become invested in solving a common public problem.OCDR does this by developing creative options to address the concerns and goals of all involved with the ultimate objectives of reaching an actionable,sustainable solution which improves working relationships and the efficiency and effectiveness of government. Learn more about OCDR(httl2s://mn.gov/admin/government/ocdr/). Audience:This workshop is open to all local government officials,including city administrators,managers,mayors, councilmembers,clerks,and other city supervisors. Registration Fee:FREE Date/Time:Sept.21-1-3 p.m. This presentation is jointly offered on behalf of the Office of Collaboration and Dispute Resolution,the Minnesota Service Cooperatives, the League of Minnesota Cities,the Association of Minnesota Counties,the Minnesota Association of Townships,and the Minnesota School Boards Association. https://www.Imc.org/learning-events/events/league-events/livestream-bridging-divides-what... 9/4/2020 From: Mary Mccomber To: Eric Johnson Subject: Fwd: EMWREP Education Updates: Sept. 2020 Date: Wednesday,September 2, 2020 1:23:46 PM Attachments: Mow leaves instead of rakino.docx Leaves.docx Rake leaves out of street.pno Mow leaves.pna Don"t dump litter and leaves.pno imaae037.i)na imaoe036.pno imaae035.i)na imaoe038.pno imaae034.i)na imaoe033.pno imaae032.i)na imaoe031.pno For weekly notes -----Original Message----- From: Angie Hong <AHong@mnwcd.org> To: Angie Hong <AHong@mnwcd.org>; algoodri@hotmail.com <algoodri@hotmail.com> Sent: Wed, Sep 2, 2020 12:26 pm Subject: EMWREP Education Updates: Sept. 2020 Hello EMWREP partners and HELLO fall! The kids are starting back to school and life will again be chaotic and strange for families and education professionals. We have one last Planting for Pollinators webinar scheduled next week and also have several other virtual learning opportunities planned for the fall. Read on for a few quick updates from the EMWREP shared water education program. As always, please feel free to call or email with any questions! Angie Program Updates: 1. Blue Thumb— Planting for Pollinators—final webinar on Sept. 8, 6-8pm 2. Watershed Partners - Sarah Hobbie presents on Stormwater Nutrient Pollution of Twin Cities Waters on Sept 9, 10-11:30am 3. Community clean-up events - Sept. 12 in Stillwater (9-11am) and Forest Lake (10am-12pm) 4. Virtual Soil Health Field Day- Oct. 8, 1:30-3pm, featuring Pam Arnold's farm in Scandia 5. Watershed Partners— Panel discussion on diversity and equity on Oct. 14, 9-11am 6. Explore the outdoors—four new video adventures— 1) Hiking with Kids: What's in your backpack? 2) Take a kid fishing: Learning about aquatic macroinvertebrates 3) Mountain biking and algae at Woodbury's Carver Lake 4) Exploring Crystal Spring Scientific and Natural Area 7. MS4 Toolkit featured materials— LEAVES! Text and images for newsletters and social media 8. East Metro Water— read the latest articles published in the blog and local newspapers Blue Thumb— Planting for Pollinators - 36 people attended Planting for PLANTING FOR POLLINATORS Pollinators workshop on Aug. 26 PLANTING FOR POLLINATORS Your yard can BEE the change! Learn about how PLA ..04ATO S you can plant for pollinators, protect water PLANTI t�., LINATORS quality, and make your yard come abuzz with PLANTI ('`s LII ORS bees. If you missed our workshops earlier this 4 year, we're providing ONE more opportunity to PLANTING rO POLU ' join: Lail= G• Sep 8th (6-7:30pm) https://blt.ly1p4p-sep08 By introducing native plants to your yard, you provide precious habitat for our struggling pollinators while also reducing the amount of water that runs off your property and into the local body of water. Their beautiful blossoms share delicious, nutritious pollen and nectar with bees and butterflies, while their roots grow deep into the soil, channeling and filtering stormwater while also storing carbon and reaching water and nutrients. At our workshops you will learn how to design and install a pollinator project, which plants are best for bumble bees and other pollinators, how to support pollinators year round, and learn about funding opportunities to help make this possible in your own back yard! Watershed Partners—Sarah Hobbie presents on Stormwater Nutrient Pollution of Twin Cities Waters: Sept 9, 10-11:30am In this talk, Sarah will describe her research quantifying the sources of nutrient pollution to urban watersheds and how those pollutants are moved from urban residential landscapes into streets, stormwater, and ultimately into streams, lakes, and rivers. She will also discuss approaches to reducing nutrient pollution of urban waters, including ongoing work in partnership with the Minnesota Pollution Control Agency. Join Zoom Meeting https://us02web.zoom.us/j/83506783625?pwd=dFFleUwrNTBpeVN6MHgxZGoveXUxQT09 Meeting ID: 835 0678 3625 Passcode: 910773 Sarah Hobbie is a Distinguished McKnight University Professor in Ecology, Evolution and Behavior at the University of Minnesota. Her research focuses on three main areas: (1) the influence of changes in atmospheric composition and climate on ecosystem processes; (2) the effects of urbanization and suburbanization on biogeochemical cycles; and (3) the influence of plant species on biogeochemical processes. In the area of global change, she aims to understand how human effects on global nutrient cycles affect carbon cycling; how variation in biodiversity, atmospheric carbon dioxide, nitrogen inputs, warming, and precipitation influence grassland ecosystems; and how warming alters community and ecosystem processes at the southern boreal-temperate forest ecotone. In the area of urban ecology, she is studying the effects of urban and suburban development on biogeochemical cycling. In particular she is focusing on quantifying sources of nutrient pollutants to subwatersheds of the Mississippi River and how nutrients move from land to stormwater. She is also studying the role of human choices in both creating and solving urban environmental problems. In all of this work, the influence of plants on soils is an underyling theme. Community clean-up events -Sept. 12: Stillwater (9-11am) and Forest Lake (10am-12pm) EMWREP will partner with Community Thread to hold two community clean-up events on Saturday, Sept. 12. Volunteers will help to stencil storm drains with an educational message "Do 4 ° not dump—drains to lake" and will also pick up litter and distribute door-hangers to promote the Adopt-a-Drain program. • The Stillwater event is current full • Volunteers are still needed for the Forest Lake event—sign up at https://forms. le�X,jaYXa7lPtaTiRA. Check-in at Lakeside Memorial Park. All volunteers get free ice cream! Virtual Soil Health Field Day- Featuring Pam Arnold's farm in Scandia: Oct. 8, <' M 1:30-3pm � � Registration info coming soon! Join Washington Conservation District staff for a virtual field day. This event ' will include a video tour of Pam Arnold's farm in Scandia, as well as presentations on Soil Health by Jennifer Hahn of the Minnesota Soil Health Coalition, and Cropland Grazing Exchange by Kelly Anderson of Minnesota Department of Agriculture. The session will also include information about local cost share programs and financial assistance for sustainable farming, as well as Q& A with guest presenters. Pam Arnold farms 40-acres of land in Scandia along the St. Croix River and is the owner of Salt- n-Pepper Farm LLC. She is certified through the Minnesota Ag Water Quality program and was recognized as the Washington County Outstanding Conservationist in 2018. Salt-n-Pepper Farm produces honey and fresh produce for local markets and CSA members. The farm uses conservation practices including cover crops, no-till, and companion planting. www.salt-n- pe�per-farm.com. Watershed Partners— Panel discussion on Diversity and Equity: Oct. 14, 9-11am FREE. Registration info coming soon! Join Watershed Partners for a panel discussion on diversity and equity. Presentations will include: • Demographic trends and future projections for Minnesota and the Metro Area - Megan Dayton, Senior Demographer, State of MN • Leading a Watershed District through development of a Diversity and Equity Strategic Plan - Mark Doneux, Administrator, Capitol Region Watershed District • Building and Nurturing relationships with different cultural groups in the Mississippi Watershed Management Organization -Tammy Schmitz, MWMO(retired) In addition to the presentations, this meeting will include time for breakout group discussions. We encourage you to participate and think about the ways that your city, watershed, or county can adapt to better serve people of color and diverse cultural groups in your community. Explore the Outdoors There are so many ways to enjoy the great outdoors. Take a kid hiking or fishing. Check out a local mountain bike trail or explore a nearby Scientific and Natural Area. Check out the latest outdoor adventures. HIKIhIG WITH KIaS: WWA►T'S IH 'MOUR BACICPA�CK? w . ►" sf n��rii O � Q w R M �1H�D P"�LLUTE� THS 11�'AT�I� IST 'l�10(�[�[�URY � CAR11�R SAKE? . Toolkit Believe it or not, the leaves will be falling soon. Attached to this email, I've included text and images you can use for city/county/watershed newsletters and social media to educate the public about ways to prevent stormwater pollution when raking up and disposing of leaves. jaili 4 i b � C;4 i Your ,r ir��< &1d �!Veway Y11rd, Sid ,d. bIq yard' oKe 1 j ��--! i -then use ;r r 'Street? . d 4g�. ri�i and MT*P� ++ r Mm to mulch leaves and return nUtdOntS tO the 200. 1 �.f +. 'C..P der RaKe and bag M ong the curb and on top offtormdram East Metro Water— read the latest articles published in the blog and local newspapers Search for hidden treasure, and sometimes you find goats "Charlie and I excitedly watched our beacon move ever closer to the hidden cache as we hiked down a trail into the woods. 350 feet to go. 300 feet to go. 100 feet to go! Then we heard a plaintive bleat from behind the trees. Had I heard a goat?" A crack in the rock & a beach in the forest "Crystal Spring Scientific and Natural Area (SNA) in Scandia was established just four years ago. It contains a crystalline spring that pours out of the side of a rock wall, deep in an emerald chasm." Green days on a summer lake—and that's not a good thing "Algae blooms in Carver Lake and other urban lakes are usually caused by too much phosphorus flowing into the water from sidewalks, streets, and parking lots. Help to keep our lakes blue by sweeping dirt and yard waste off of your sidewalk, driveway and curb-line throughout the year and adopting your local storm drain: www.adopt-a- drain.org." Brown's Creek Watershed District to work with Oak Glen Golf Course on a new Clean Water project "There are three main goals for the Oak Glen stormwater reuse project. The first is to keep warm stormwater out of Brown's Creek. The second is to keep phosphorus and sediment out of Brown's Creek and the St. Croix River. In addition, this project will allow Oak Glen Golf Course to reduce the amount of groundwater it pumps for irrigation." Please feel free to call or email if you have any questions. Thanks! Angie Hong Water Education Senior Specialist East Metro Water Resource Education Program Representing Brown's Creek, Carnelian Marine -St. Croix, Comfort Lake- Forest Lake, Middle St. Croix, Ramsey -Washington Metro, Rice Creek, South Washington and Valley Branch Watersheds, Cottage Grove, Dellwood, Forest Lake, Grant, Lake Elmo, Hugo, Newport, Oak Park Heights, Oakdale, Stillwater, St. Paul Park, Willernie, West Lakeland, Woodbury, Washington County and the Washington Conservation District C/O: Washington Conservation District 455 Hayward Ave. Oakdale, MN 55128 anaie.honaCcDmnwcd.ora Phone: (952) 261-9599 cell www.mnwcd.ora/emwrep t*1 ®® # 0 Metro Cities News 08/28/20 Pagel of 3 METRO CITIESMember Login a Search our site... UR Asaaciation d hAetrvpvlitan MuriciReltl4as Home Metro Cities News About Us Meetings&Events Membership Advocacy Policies&Resources MAMA Return to the biog Upcoming Events Metro Cities News 08/28/20 by:Jennifer Dorn Thu Sep n,2020 Category:Newsletter Metro Cities Board of Directors Meetina Category:Metro Cities Board of Directors Aug Mon Sep '1' 2020 28 Transportation&General In This Issue: Government Category:Policy Committee • New CRF Reporting Requirements for Local Governments Tue Sep 22,2020 Governor Establishes Committee to Study Metropolitan Council Municipal Revenues Category:Policy Committee New COVID-19 Housing Assistance Program Wed Sep 23,2020 Metropolitan Council Passes Preliminary Budget and Lew Metropolitan Aaencies Additional$300 Weekly Lost Wage Assistance for Unemployed Minnesotans C-gory:PorcyCommi„ee Wed Sep 23,2020 Housina and Economic Development Category:Policy Committee New CRF Reporting Requirements for Local Governments View Full Calendar The state Department of Management and Budget(MMB)has announced changes to the reporting Our Tweets form for local governments receiving Coronavirus Relief Funds(CRF).MMB is amending the form based on recent changes to federal guidance for CRF funds.The new form adds additional categories and Tweets by MetroCitiesMN sub-categories for expenses.The new form is linked here:https://mn.gov/mmb/covid-19-response- accountability-office/local-govern ments/. Additional categories will include administrative expenses,budgeted personnel diverted to substantially different uses,COVID-19 testing and contact tracing,certain types of economic support,food,housing, facilitating distance learning,medical expenses,nursing homes,payroll for public health and safety (now in a separate category),personal protective equipment,public health,small business expenses, unemployment insurance,workers compensation,and an'other'expenses category.Cities should provide a brief description of expenses and the month in which the expenses occurred. Cities will need to use the new form for future expenses and will be required to re-categorize any expenses submitted in the July report,on the August report.The next report is due on September 9, 2020.If you do not have expenses for this period,please submit the report noting there are zero expenses. SWIFT and DUNS numbers are required.If you do not know your SWIFT ID,it will be accessible via a link in the report.If you do not know your DUNS number,please contact MMB at CRAOffice.M M BZstate.mn.us. MMB has also indicated that it is working to provide guidance for audits and to add flexibility regarding the deadline for cities to expend funds(November 15th)by providing flexibility for certain payroll expenses and goods that are unable to be delivered by that date due to supply disruptions.Metro Cities is working with other local government organizations to request flexibility on the November 15th date. If you have any questions,please contact Patricia Nauman at patricia5metrocitiesmn.org. https://www.metrocitiesmn.org/index.php?option=com_dailyplanetblog&view=entry&year... 9/4/2020 Metro Cities News 08/28/20 Page 2 of 3 Governor Establishes Committee to Study Metropolitan Council Governor Walz on Friday afternoon issued an Executive Order establishing a Blue Ribbon Committee on the Metropolitan Council's structure and services.The purpose of the committee will be to evaluate the structure of the Metropolitan Council and the delivery of its statutory responsibilities,according to the Executive Order.The committee includes civic,business and academic leaders,with Mayors from three metropolitan cities:Jim Hovland,Mayor-Edina,Elizabeth Kautz,Mayor-Burnsville and Janet Williams, Mayor-Savage.The committee will submit a report to the Governor with its findings by December 31, 2020. Metro Cities will closely monitor the work of the committee and provide input as appropriate and that is consistent with the organization's policies.Please contact Patricia Nauman at patricia(a)metrocitiesmn.org with any questions. New COVID-19 Housing Assistance Program MN Housing this week launched a new COVID-19 Housing Assistance Program and is accepting applications.This program was established by the Governor's administration with$100 million out of the Federal CARES Act Coronavirus Relief Fund.The purpose of the program is to help prevent evictions and homelessness and maintain housing stability for renters and homeowners.Metro Cities policies support state funding assistance to support stability and encourages cities to share this information with the local community. For complete details on who is eligible to apply and what costs are covered by the program,visit www.211 unitedway.ora.Interested applicants may also call 211 (Toll Free:1.800.543.7709;Local: 651.291.0211)or text"MNRENT"to 898-211 to learn more.The 211 Helpline has multilingual staff available to answer questions about the program 8:00 a.m.—8:00 p.m.Monday-Friday. To qualify,households must meet all of the following criteria: Income at or below 300%of federal poverty guidelines,with a preference for those at or below 200%of federal poverty guidelines. Have an eligible expense that was incurred after March 1,2020 that is past due. Housing assistance funds can only be used for eligible expenses incurred between March 1,2020 and December 30,2020. Be unable to make one or more payments owed because of the public health emergency due to unemployment,illness,or another COVID-19 related issue. Local administrators who applied and have been selected to help administer the program will review applications from individuals and families requesting assistance,verify eligibility,and process payments for eligible expenses on behalf of households. The program covers past due expenses such as rent and mortgage payments,contract for deed payments,manufactured home park lot rents and payments,utility payments,and homeowner association fees. Metropolitan Council Passes Preliminary Budget and Levy The Metropolitan Council continues to plan its 2021 budget.In addition to the division level discussions taking place in its standing committees,the full Council voted August 26 to adopt its preliminary 2021 budget.See prior Metro Cities News for updates on previous budget discussions. Staff explained the preliminary budget reflects the impacts of COVID-19 on the region,the state and residents.The preliminary budget adopted on August 26,of$1.149 billion in 2021 for operations,pass- through programs,and debt service,reflects a total increase of 0%to the budget overall from 2020.The Council expects the preliminary budget to change as updated revenue and expense data is received. The proposed 2021 property tax 2021 levy is$88.7 million,a zero percent increase over the amount payable in 2020.Under the proposed 2021 levy,a metro area home with an estimated value of$250,000 will pay a Council-related property tax of approximately$50 inside the transit-taxing communities and $17 outside the transit taxing communities. As Metro Cities has reported,the preliminary budget includes an adopted increase in the metropolitan wastewater charge of two percent.The sewer availability charge of$2,485 per SAC unit will not increase for 2021 and has been flat since 2014. https://www.metrocitiesmn.org/index.php?option=com_dailyplanetblog&view=entry&year... 9/4/2020 Metro Cities News 08/28/20 Page 3 of 3 A 2021 budget document explains"The Metropolitan Council received$226.5 million in federal CARES Act funds.Funds were distributed to regional transit providers based on an established federal formula. A total of$12.1 million was passed through to regional providers,with the balance of$214.4 million available to the Metropolitan Council for transit operations.The Council has programmed$140 million in CARES Act funds in calendar year 2020 and$74 million in calendar year 2021." The Council will approve a Unified Capital and Operating budget in October,then will invite public comment before final Council adoption on December 9.Contact Charlie Vander Aarde at charlie(o)metrocitiesmn.ora or 651-366-7564 with any questions. Additional$300 Weekly Lost Wage Assistance for Unemployed Minnesotans Minnesotans who currently receive Unemployment Insurance due to unemployment from COVID-19 may be able to access an additional$300 per week,retroactive to earlier this summer. State officials announced today,August 28th,that Minnesota has applied to the Federal Emergency Management Agency(FEMA)for the Lost Wages Assistance(LWA)program.LWA will provide a temporary additional$300 a week benefit to Minnesotans receiving unemployment benefits.To be eligible,an applicant must have a weekly unemployment benefit amount of at least$100 and must be unemployed due to COVID-19. Once FEMA approves the state's application,the Treasury Department will transfer funding to the state and the Unemployment Insurance program will begin to pay benefits when the funding is received.LWA benefits are retroactive to the week ending August 1,2020. Minnesotans currently receiving unemployment benefits do not need to reapply or do anything other than complete their weekly benefits request to receive the additional$300 each week.DEED Unemployment Insurance will review all payment requests made for the week of July 26 going forward and automatically pay those applicants who are eligible for LWA.The state projects the program to last five to eight weeks,when the federal$44 billion runs out. Share this post: Metro Cities(Association of Metropolitan Municipalities) 145 University Ave W,Suite 125 St.Paul,MN 55103 651-215-4000 Backtotop A powered by r\MemberCticks https://www.metrocitiesmn.org/index.php?option=com_dailyplanetblog&view=entry&year... 9/4/2020 Metro Cities News 09/04/20 Page 1 of 2 METRO CITIESMember Login 8 Search our site... CR Asaaciation d hAetrvpvlitan MuriciReltl4as Home Metro Cities News About Us Meetings&Events Membership Advocacy Policies&Resources MAMA Return to the biog Upcoming Events Metro Cities News 09/04/20 by:Jennifer Dorn Thu Sep n,2020 Category:Newsletter Metro Cities Board of Directors Meetina Category:Metro Cities Board d Directors Sep Mon Sep 21,2020 04 Transportation&General In This Issue: Government Category:Policy Committee • MnDOT Releases New Trunk Highway Bridge Guidance Tue Sep 22,2020 TAC Recommends ABRT Project Selection Moved to April Municipal Revenues Category:Policy Committee Wed Sep 23,2020 Metropolitan Aaencies Category:Policy Committee Wed Sep 23,2020 MnDOT Releases New Trunk Highway Bridge Guidance Housing and Economic Development MnDOT has recently released guidance and put into effect a Process to Determine Bridge Ownership& Category:Policy Committee Bridge Ownership Responsibilities to determine the ownership and financial responsibilities of new and View Full Calendar rebuilt bridges over Trunk Highways.The guidance applies to new and replacement bridges that carry local roads and infrastructure over a trunk highway and does not provide access to the trunk highway. This can include streets,pathways and transit infrastructure. Our Tweets In most cases MnDOT will own and bear responsibility for all bridges that carry facilities over Trunk Tweets by MetroCitiesMN Highways,except for bridges where responsibilities are shared as directed by this new process.For bridges that are determined to be used by only local interests,MnDOT will be listed as the owner but financial responsibilities are likely to be partially or fully the responsibility of the local government. MnDOT and the local government,including cities,must agree on responsibilities before they would go into effect. To view the Process to Determine Bridge Ownership&Bridge Ownership Responsibilities document, click here.Metro Cities'Transportation and General Government Policy Committee has had discussion on this issue and will hear from representatives of MnDOT about the new process at its September meeting. TAC Recommends ABRT Project Selection Moved to April The Technical Advisory Committee(TAC)to the Transportation Advisory Board(TAB)approved a recommendation that the selection of an ABRT project as part of the Regional Solicitation be delayed from December of this year to April of 2021 and be funded up to$25 million.This recommendation is due to the pandemic and its impact on the ability to conduct a thorough public engagement process. The route to be selected will become the F Line.The ABRT program was created in the last Regional Solicitation and is intended to fully fund an ABRT project in the current Solicitation,which included the creation of a public outreach strategy and timeline.The recommendation to delay a decision until April will be before the TAB at their meeting later this month. Share this post: https://www.metrocitiesmn.org/index.php?option=com_dailyplanetblog&view=entry&year... 9/4/2020