Bill Text: MN HF1540 | 2011-2012 | 87th Legislature | Introduced


Bill Title: Capitol Area security enhanced, new authorities created and responsibilities stipulated, bonds authorized, and money appropriated.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2011-04-26 - Author added Clark [HF1540 Detail]

Download: Minnesota-2011-HF1540-Introduced.html

1.1A bill for an act
1.2relating to public safety; enhancing security in the Capitol Area; creating new
1.3authorities and stipulating responsibilities; authorizing bonding; appropriating
1.4money;proposing coding for new law in Minnesota Statutes, chapter 299E.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6    Section 1. [299E.05] CAPITOL AREA SECURITY COORDINATOR AND
1.7ADVISORY COMMITTEE.
1.8    Subdivision 1. Policy. The legislature recognizes and declares the following facts,
1.9principles, and conclusions with regard to security in the Minnesota State Capitol Area.
1.10(a) The United States and the state of Minnesota comprise a free and democratic
1.11society in which the effective, efficient, and participatory functioning of government
1.12fundamentally depends upon high citizen access, as well as effective security, at all times.
1.13(b) Within the area of the State Capitol Area, the goals of open access to government
1.14and security may tend to conflict and, thus, must be balanced with one another.
1.15(c) While the most effective security measure at any place and time inheres in the
1.16strong humanitarian values shared by the citizenry, it is acknowledged that not everyone
1.17can be expected to equally share and act in accordance with these values and, thus,
1.18security threats can and do arise in various places within our society from time to time.
1.19Some of those security threats may be directed toward governmental institutions, officials,
1.20personnel, or functions, as well as against the members of the public observing or
1.21participating in various governmental processes at any time.
1.22(d) The legislature thus concludes that it is imperative to plan and provide for, as
1.23well as to facilitate, the security of all persons, property, and governmental processes
1.24located or occurring within the Capitol Area.
2.1(e) Since the potential security threats in the Capitol Area can be complex, secretive,
2.2elusive, and potentially quite dangerous, the ongoing security responses must also be
2.3flexible, anticipated, coordinated, and effective, while nevertheless occurring in a manner
2.4that provides a reasonable measure of public access to government.
2.5The legislature determines that separate, existing security efforts within the Capitol
2.6Area need to be systematically evaluated, improved, and better coordinated, while being
2.7adapted for continuing societal change. The legislature, thus, deems it necessary to create
2.8a multi-institutional Advisory Committee on Capitol Area Security, as well as to authorize
2.9the governor to appoint a Capitol Area security coordinator. This section specifies the
2.10roles and responsibilities of the coordinator and committee.
2.11    Subd. 2. Capitol Area security coordinator; appointment. (a) The governor
2.12shall appoint a member of the Executive Cabinet to serve as the Capitol Area security
2.13coordinator. The governor's Capitol Area security coordinator, in consultation with the
2.14Advisory Committee on Capitol Area Security, shall:
2.15(1) direct, coordinate, and account for security in the Capitol Area;
2.16(2) oversee periodic assessments of security vulnerabilities;
2.17(3) develop, implement, and maintain effective strategies for preventing, mitigating,
2.18and responding to security threats;
2.19(4) ensure that by February 1, 2012, all Capitol Area buildings have up-to-date
2.20evacuation and emergency response plans that:
2.21(i) are used in ongoing staff training;
2.22(ii) are periodically evaluated and adapted as necessary to stay abreast of changing
2.23security threats; and
2.24(iii) incorporate as appropriate new security strategies and technologies;
2.25(5) convene individuals from inside and outside government, as needed, to:
2.26(i) assess risk;
2.27(ii) develop and update coordinated plans; and
2.28(iii) ensure cost-effective uses of technology for security in the Capitol Area; and
2.29(6) as appropriate, consider existing plans, such as those developed by the
2.30Department of Administration, the Department of Health, and the Department of Public
2.31Safety, including the Division of Capitol Security, the state fire marshal, and the Homeland
2.32Security and Emergency Management Division, and any other credible existing plan.
2.33(b) The governor's Capitol Area security coordinator, in consultation with the
2.34Advisory Committee on Capitol Area Security, also must develop and propose funding
2.35mechanisms for the purpose of implementing this section.
3.1    Subd. 3. Advisory Committee on Capitol Area Security. (a) The Advisory
3.2Committee on Capitol Area Security shall consist of the following members:
3.3(1) the lieutenant governor;
3.4(2) two senators, including one member from the majority party and one member
3.5from the minority party, appointed by the Subcommittee on Committees of the Committee
3.6on Rules and Administration of the senate;
3.7(3) two members of the house of representatives, including one member appointed
3.8by the speaker of the house and one member appointed by the minority leader;
3.9(4) the senate sergeant-at-arms;
3.10(5) the house of representatives sergeant-at-arms;
3.11(6) the chief justice of the Minnesota Supreme Court or designee;
3.12(7) the commissioner of the Department of Public Safety, or designee;
3.13(8) the commissioner of the Department of Administration, or designee;
3.14(9) one member of the Capitol Area Architectural and Planning Board who is not the
3.15board chair or a legislator; and
3.16(10) the Capitol Area security coordinator.
3.17A member may be removed by the appointing authority at any time at the pleasure of
3.18the appointing authority.
3.19(b) The advisory committee shall meet regularly to assess current safety and security
3.20risks in the Capitol Area as defined by section 15B.02, and discuss developments that
3.21might affect those risks in the future. The committee shall provide advice to the governor
3.22and the legislature regarding security priorities and possible strategies for addressing
3.23these priorities.
3.24(c) The committee shall report to the governor, the chairs and ranking minority
3.25members of the house of representatives and senate committees with jurisdiction over
3.26public safety and government operations, and chief justice of the Supreme Court by
3.27January 15 each year. The report shall provide a general assessment of the status of
3.28security in the Capitol Area, describe improvements implemented, and recommend future
3.29improvements. As appropriate, the committee shall offer recommendations for capital or
3.30operating expenditures, statutory changes, or other changes in security-related policies or
3.31practices. Spending recommendations shall be made in a timely manner to ensure that
3.32the recommendations are considered as part of the state's capital and operating budget
3.33processes.
3.34(d) The committee shall be organized and function as follows:
4.1(1) the committee shall reside in the executive branch and the lieutenant governor
4.2shall serve as its chair. The committee may elect a vice chair to convene and conduct
4.3meetings when the lieutenant governor is not available;
4.4(2) meetings of the committee are subject to chapter 13D;
4.5(3) administrative support for the committee shall be provided by the Departments
4.6of Administration and Public Safety and the sergeant-at-arms of the senate and house
4.7of representatives;
4.8(4) legislative members may receive compensation for expenses as provided by the
4.9house of representatives or senate rules, as appropriate. Other members of the committee
4.10serve without compensation or payment of expenses; and
4.11(5) the committee shall seek advice, as needed, from at least one person with
4.12experience designing and implementing security for a public college or university campus,
4.13at least one person with experience designing and implementing security for courts, and
4.14at least one person with experience designing and implementing security for a private
4.15Minnesota company.
4.16(e) The committee shall have access to not public data as necessary to fulfill its
4.17responsibilities and shall be subject to the Governmental Data Practices Act, chapter 13.
4.18Committee members shall protect from unlawful disclosure data classified as not public.
4.19If data provided is disseminated by the committee or its members or agents in violation
4.20of section 13.05, subdivision 4, the committee is subject to liability under section 13.08,
4.21subdivisions 1 and 3.
4.22    Subd. 4. Risk-based deployment of staff and other resources. The governor's
4.23Capitol Area security coordinator, in consultation with the Advisory Committee on Capitol
4.24Area Security, shall employ and encourage the use of a uniform method for assessing
4.25risks in the Capitol Area, and must ensure that any available security staff and resources
4.26are allocated and deployed throughout the Capitol Area in a manner consistent with the
4.27assessed security risks at any time.
4.28The Capitol Area security coordinator shall employ broad flexibility in assigning or
4.29reassigning security personnel and other security resources throughout the Capitol Area in
4.30response to urgent and evolving security threat situations that may arise at any time.
4.31    Subd. 5. Multiple deployment strategies; flexibility; adaptation. (a) Following
4.32a comprehensive risk assessment of the Capitol Area, as authorized by the governor's
4.33Capitol Area security coordinator in consultation with the Advisory Committee on
4.34Capitol Area Security, the security administrator shall ensure the provision of reasonable
4.35protection within the Capitol Area using a combination of strategies and technologies,
4.36including any or all of the following:
5.1(1) optimally deploying appropriate numbers and types of sufficiently trained and
5.2adequately equipped security personnel;
5.3(2) using and deploying sufficient numbers of security-related devices, including
5.4but not limited to locks, cameras, electronic card readers, communication systems, and
5.5weapons screening devices, proper lighting, accessible alarms, and other signaling
5.6systems, as deemed appropriate at any time;
5.7(3) acquiring and installing weapons detection technology at designated entrances of
5.8any or all public buildings in the Capitol Area;
5.9(4) developing building-specific and area-specific plans and protocols intended to
5.10help prevent, or to ensure appropriate response to, a range of possible security threats;
5.11(5) implementing appropriate security-related building design principles and
5.12technology as part of any construction and remodeling projects in the Capitol Area;
5.13(6) sufficiently informing and training the governmental officers and employees
5.14working in each building regarding how they should respond to various types of suspected,
5.15apparent, or announced security threats within their workplace, broadly defined;
5.16(7) as deemed appropriate by the security coordinator and permissible under law,
5.17communicating specific information or alerts to building occupants with regard to specific
5.18security threats that individuals might be enabled to avoid if given sufficient advance
5.19warning; and
5.20(8) as deemed appropriate by the security coordinator and permissible under law,
5.21broadly communicating to the occupants of all relevant Capitol Area buildings, any new
5.22or ongoing information about any suspected or imminent security threats in the Capitol
5.23Area, along with recommended actions that building occupants can take to safely help
5.24detect, mitigate, avoid, or otherwise respond to those threats.
5.25(b) The security coordinator and advisory committee stakeholders shall, as part of
5.26the security strategies being used, employ and deploy a variety of security personnel,
5.27including uniformed and undercover, armed and unarmed, male and female, with varied
5.28relevant training and experience backgrounds, including peace officer, military, corporate,
5.29and other security training and experience.
5.30(c) The security coordinator shall network and develop formal and informal
5.31security-related working relationships with security directors in relevant federal, state,
5.32and local governments for the purpose of staying abreast of evolving security threats and
5.33strategies generally, as well as to facilitate communications in times of response.
5.34(d) The security coordinator and advisory committee shall regard, within reason, the
5.35regular building occupants in the Capitol Area as potential allies in the quest for security
5.36in the Capitol Area and, periodically must informally query or systematically poll building
6.1occupants for observations of or concerns about existing and new potential security threats,
6.2and the occupants' evaluations of ongoing security strategies and recommendations for new
6.3security strategies for consideration by the security coordinator and advisory committee. It
6.4is recognized that the security coordinator and advisory committee will need to regularly
6.5withhold certain sensitive security information from most or all building occupants, and
6.6they are hereby authorized to do so, as may be necessary or feasible at any time.
6.7(e) The security coordinator and advisory committee shall think and plan in a
6.8manner that is both realistic and futuristic, as well as flexible and innovative in regard to
6.9possible types of security threats that might arise in the Capitol Area, and in designing and
6.10implementing prevention and response strategies.
6.11    Subd. 6. Firearms carry restricted in Capitol Area. (a) Notwithstanding sections
6.12609.66, subdivision 1g, 624.714, 624.7181, or any other law to the contrary, a person may
6.13not carry a firearm or other dangerous weapon within any public building in the Capitol
6.14Area. This subdivision does not apply to licensed peace officers, members of the military
6.15acting in the course of official duty, members of an organized veterans honor guard while
6.16not possessing live ammunition for the firearms being carried, or to any qualified law
6.17enforcement officer or qualified retired law enforcement officer who is permitted to carry a
6.18firearm under United States Code, title 18, sections 926B and 926C.
6.19(b) To facilitate the personal safety of persons traveling to and from the Capitol
6.20Area, the security coordinator and advisory committee shall consider the feasibility of
6.21providing lockers near one or more key entrances of Capitol Area buildings for any person
6.22who is in lawful possession of a firearm while traveling to the Capitol Area to safely store
6.23the firearm upon entering the Capitol Area.
6.24    Subd. 7. Usurpation prohibited. Nothing in this section shall be construed to
6.25conflict with the power of the legislature or the power of the court to appoint and assign
6.26personnel and equipment as it deems necessary for the conduct of its business.
6.27    Subd. 8. Definitions. (a) For purposes of this section, the terms in this subdivision
6.28have the meanings given them.
6.29(b) "Capitol Area" has the meaning given in section 15B.02.
6.30(c) "Building occupant" means each governmental official and employee, lobbyist,
6.31and member of the public working or otherwise lawfully present in any building of the
6.32Capitol Area at any time.
6.33EFFECTIVE DATE.This section is effective the day following final enactment.

6.34    Sec. 2. BONDING; PHASE 1 CAPITOL SECURITY AND ACCESS
6.35IMPROVEMENTS.
7.1    Subdivision 1. Appropriation; tunnel. $6,100,000 is appropriated from the bond
7.2proceeds fund to the commissioner of administration to complete, design, and construct
7.3phase 1 Capitol security and access improvements, specifically including a new tunnel
7.4connecting the Capitol across University Avenue with construction to be coordinated with
7.5light rail construction time frames. The commissioners of administration and public safety
7.6and the chair of the Metropolitan Council must continue to work together to address
7.7other light rail security and access concerns.
7.8    Subd. 2. Appropriation; metal detector infrastructure. $....... is appropriated
7.9from the bond proceeds fund to the commissioner of administration to purchase and install
7.10weapons detectors in designated public buildings in the Capitol Area.
7.11    Subd. 3. Bond sale. To provide the money appropriated in this section from the
7.12bond proceeds fund, the commissioner of management and budget shall sell and issue
7.13bonds of the state in an amount up to $....... in the manner, upon the terms, and with
7.14the effect prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, and by the
7.15Minnesota Constitution, article XI, sections 4 to 7.
7.16EFFECTIVE DATE.This section is effective the day following final enactment.
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