A bill for an act
relating to state government; establishing the PROMISE Act; creating a community
repair panel to consider claims and determine awards; classifying certain data;
creating redevelopment and relief programs; establishing a Metropolitan Area
Redevelopment Corporation; imposing a sales and use tax; requiring insurance
claims assistance; regulating certain leases; authorizing limited use of eminent
domain; exempting certain items from sales and use tax; requiring property tax
abatement for certain properties; establishing the Civil Unrest Investigatory
Commission; appropriating money; amending Minnesota Statutes 2020, sections
297A.71, by adding a subdivision; 297A.75, subdivisions 1, 2; proposing coding
for new law as Minnesota Statutes, chapter 473K.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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This act may be cited as the "Providing Resources, Opportunity, and Maximizing
Investments in Striving Entrepreneurs (PROMISE) Act."
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(a) The legislature recognizes the civil unrest that
occurred in Minnesota in May and June of 2020. While the immediate cause of the unrest
was the apparent murder of George Floyd by an officer of the Minneapolis Police
Department, it was compounded by other long-standing structural systems of inequality
and racism within the city, state, and nation. The legislature finds that the resulting protests
and acts of civil disobedience were largely a peaceful exercise of first amendment rights:
a genuine expression of grief at the death of Mr. Floyd and frustration and anger at the lack
of an adequate mechanism for communities long unheard or ignored by public institutions
to have their voices heard and meaningful action be taken as a result.
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(b) The legislature further recognizes that some acts of protest and civil disobedience,
occurring among a small minority of participants, led to severe destruction or damage to
small businesses and other private property in Minneapolis, St. Paul, and other areas of the
state. In many cases, the damage and destruction impacted businesses and locations owned,
managed, or frequented by those communities that the acts of protest and civil disobedience
were intended to uplift. The physical and psychological toll from this devastation is immense
and touches all Minnesotans.
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The award process established by this act is intended
to provide a onetime disaster assistance payment so that persons economically impacted by
the civil unrest are able to cover losses that are not eligible for compensation through
insurance policies. It furthers the public interest by ensuring affected communities have
access to immediate resources that allow them to regroup and rebuild, while minimizing
the uncertainty and expense of navigating complex and protracted administrative procedures
to seek relief.
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The definitions in this section apply to this act.
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"Damage" means the following types of damage which are reasonably
the result of the civil unrest that occurred during the period of May 25, 2020, to June 8,
2020:
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(1) physical damage to structures or personal property located within an eligible zone;
and
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(2) economic damage impacting an organization's or business's operations within an
eligible zone including but not limited to a lost inventory, and lost wages or benefits of
employees.
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Damage does not include the loss of future expected earnings, attorney fees, or other fees
incurred by an eligible person in applying for an award under this act.
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(a) "Eligible person" means:
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(1) a nonprofit organization or a for-profit business located in an eligible zone;
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(2) an employee of a nonprofit organization or for-profit business whose regular work
assignment is located in an eligible zone;
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(3) an individual who owns real property within an eligible zone; or
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(4) an individual who resides in an eligible zone.
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(b) A for-profit business is not an eligible person if it employs more than the equivalent
of 50 full-time employees. This limitation does not restrict the eligibility of individual
employees of the business to file a claim.
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"Eligible zone" means:
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(1) in Minneapolis:
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(i) Lake Street between Hennepin Avenue and West River Parkway, and any area within
two city blocks of that portion of Lake Street in any direction; and
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(ii) West Broadway Avenue, and any area within two city blocks of West Broadway
Avenue in any direction;
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(2) in Saint Paul, University Avenue between Rice Street and Highway 280, and any
area within two city blocks of that portion of University Avenue in any direction; and
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(3) any additional locations or zones designated by the governor as experiencing
significant, widespread damage or destruction of private property due to the civil unrest
described in section 1.
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"Award" means a onetime payment of money to an eligible person in
response to a properly submitted claim for disaster assistance under this act. An award is
not a grant for purposes of Minnesota Statutes, sections 16B.97 to 16B.991, or other
applicable law or rules governing grant administration, and does not constitute a payment
from a public benefit program for purposes of any applicable federal or state law.
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"Panel" means the community repair panel established in this act.
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This section is effective the day following final enactment.
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(a) The governor shall establish a community repair panel
to consider claims and determine awards for disaster assistance to eligible persons on behalf
of the state. The panel must be established by ....... The panel must consist of at least three
and not more than nine attorneys appointed by the governor. In making appointments, the
governor must consult with members of the legislature whose districts include an eligible
zone and ensure that the appointees are knowledgeable and representative of the impacted
communities. Members of the panel must have experience in legal and business issues
involving the calculation and determination of damages in a judicial setting. The governor
shall designate one member of the panel to serve as chair.
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(b) Within available appropriations, the commissioner of management and budget shall
determine the pay and expenses to be received by the panel. A member'