SF 878

1st Unofficial Engrossment - 89th Legislature (2015 - 2016)

Posted on 04/29/2015 11:44 a.m.

1.1A bill for an act 1.2relating to public safety; modifying certain provisions relating to courts, public 1.3safety, firefighters, corrections, crime, disaster assistance, and controlled 1.4substances; requesting reports; providing for penalties; appropriating money 1.5for public safety, courts, corrections, Guardian Ad Litem Board, Uniform 1.6Laws Commission, Board on Judicial Standards, Board of Public Defense, and 1.7Sentencing Guidelines;amending Minnesota Statutes 2014, sections 5B.11; 1.812.221, subdivision 6; 12A.15, subdivision 1; 12B.15, subdivision 2, by adding 1.9a subdivision; 12B.25, subdivision 1; 12B.40; 13.03, subdivision 6; 13.82, 1.10subdivision 17; 43A.241; 97B.031, subdivision 4; 152.02, subdivisions 2, 3, 4, 5, 1.116; 168A.1501, subdivisions 1, 6; 169.13, subdivisions 1, 3; 169.475, subdivision 1.122; 169A.03, subdivision 3; 169A.07; 169A.275, subdivision 5; 169A.285, 1.13subdivision 1; 169A.46, subdivision 1; 169A.53, subdivision 3; 181.06, 1.14subdivision 2; 181.101; 241.88, subdivision 1, by adding a subdivision; 241.89, 1.15subdivisions 1, 2; 243.166, subdivision 1b; 244.05, by adding a subdivision; 1.16244.15, subdivision 6; 253B.08, subdivision 2a; 253B.12, subdivision 2a; 1.17253D.28, subdivision 2; 260.012; 260B.198, by adding a subdivision; 260C.301, 1.18subdivisions 1, 8; 271.08, subdivision 1; 271.21, subdivision 2; 299A.73, 1.19subdivision 2; 299C.35; 299C.38; 299C.46, subdivisions 2, 2a; 299F.012, 1.20subdivision 1; 299N.02, subdivision 2; 299N.03, subdivisions 5, 6, 7; 299N.04, 1.21subdivision 3; 299N.05, subdivisions 1, 5, 6, 7, 8; 325E.21, subdivisions 1, 2; 1.22352B.011, subdivision 10; 401.10, subdivision 1; 486.10, subdivisions 2, 3; 1.23549.09, subdivision 1; 609.1095, subdivision 1; 609.2111; 609.2112, subdivision 1.241; 609.2114, subdivision 1; 609.2231, subdivision 3a; 609.2232; 609.324, 1.25subdivision 1; 609.325, subdivision 4, by adding a subdivision; 609.3451, 1.26subdivision 1; 609.3471; 609.475; 609.531, subdivision 1; 609.564; 609.5641, 1.27subdivision 1a; 609.66, subdivisions 1a, 1g, by adding a subdivision; 609.746, by 1.28adding a subdivision; 609.765; 611A.26, subdivisions 1, 6; 611A.31, subdivision 1.291; 611A.33; 611A.35; 617.242, subdivision 6; 624.71; 624.714, subdivision 1.3016; 628.26; 631.461; Laws 2013, chapter 86, article 1, sections 7; 9; proposing 1.31coding for new law in Minnesota Statutes, chapters 299C; 299N; 609; 624; 1.32626; repealing Minnesota Statutes 2014, sections 168A.1501, subdivisions 5, 1.335a; 299C.36; 299N.05, subdivision 3; 325E.21, subdivisions 1c, 1d; 609.66, 1.34subdivision 1h; Laws 2014, chapter 190, sections 10; 11. 1.35BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.1ARTICLE 1 2.2APPROPRIATIONS 2.3 Section 1. new text begin APPROPRIATIONS. new text end 2.4 new text begin The sums shown in the columns marked "Appropriations" are appropriated to the new text end 2.5 new text begin agencies and for the purposes specified in this article. The appropriations are from the new text end 2.6 new text begin general fund, or another named fund, and are available for the fiscal years indicated new text end 2.7 new text begin for each purpose. The figures "2016" and "2017" used in this article mean that the new text end 2.8 new text begin appropriations listed under them are available for the fiscal year ending June 30, 2016, or new text end 2.9 new text begin June 30, 2017, respectively. "The first year" is fiscal year 2016. "The second year" is fiscal new text end 2.10 new text begin year 2017. "The biennium" is fiscal years 2016 and 2017. Appropriations for the fiscal new text end 2.11 new text begin year ending June 30, 2015, are effective the day following final enactment. new text end 2.12 new text begin APPROPRIATIONS new text end 2.13 new text begin Available for the Year new text end 2.14 new text begin Ending June 30 new text end 2.15 new text begin 2016 new text end new text begin 2017 new text end 2.16 Sec. 2. new text begin SUPREME COURT new text end 2.17 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 45,826,000 new text end new text begin $ new text end new text begin 46,426,000 new text end 2.18 new text begin The amounts that may be spent for each new text end 2.19 new text begin purpose are specified in the following new text end 2.20 new text begin subdivisions. new text end 2.21 new text begin Subd. 2. new text end new text begin Supreme Court Operations new text end new text begin 33,060,000 new text end new text begin 33,660,000 new text end 2.22 new text begin Contingent Account new text end 2.23 new text begin $5,000 each year is for a contingent account new text end 2.24 new text begin for expenses necessary for the normal new text end 2.25 new text begin operation of the court for which no other new text end 2.26 new text begin reimbursement is provided. new text end 2.27 new text begin Subd. 3. new text end new text begin Civil Legal Services new text end new text begin 12,766,000 new text end new text begin 12,766,000 new text end 2.28 new text begin Legal Services to Low-Income Clients in new text end 2.29 new text begin Family Law Matters new text end 2.30 new text begin $948,000 each year is to improve the access new text end 2.31 new text begin of low-income clients to legal representation new text end 2.32 new text begin in family law matters. This appropriation new text end 2.33 new text begin must be distributed under Minnesota Statutes, new text end 3.1 new text begin section 480.242, to the qualified legal new text end 3.2 new text begin services program described in Minnesota new text end 3.3 new text begin Statutes, section 480.242, subdivision 2, new text end 3.4 new text begin paragraph (a). Any unencumbered balance new text end 3.5 new text begin remaining in the first year does not cancel new text end 3.6 new text begin and is available in the second year. new text end 3.7 Sec. 3. new text begin COURT OF APPEALS new text end new text begin $ new text end new text begin 11,306,000 new text end new text begin $ new text end new text begin 11,547,000 new text end 3.8 Sec. 4. new text begin DISTRICT COURTS new text end new text begin $ new text end new text begin 261,597,000 new text end new text begin $ new text end new text begin 267,129,000 new text end 3.9 new text begin $50,000 each year is to expand specialty new text end 3.10 new text begin courts. new text end 3.11 Sec. 5. new text begin GUARDIAN AD LITEM BOARD new text end new text begin $ new text end new text begin 14,063,000 new text end new text begin $ new text end new text begin 14,411,000 new text end 3.12 Sec. 6. new text begin TAX COURT new text end new text begin $ new text end new text begin 1,976,000 new text end new text begin $ new text end new text begin 1,753,000 new text end 3.13 new text begin This appropriation includes funds for new text end 3.14 new text begin information technology project services new text end 3.15 new text begin and support subject to the provisions of new text end 3.16 new text begin Minnesota Statutes, section 16E.0466. Any new text end 3.17 new text begin ongoing information technology costs will be new text end 3.18 new text begin incorporated into the service level agreement new text end 3.19 new text begin and will be paid to the Office of MN.IT new text end 3.20 new text begin Services by the Tax Court under the rates and new text end 3.21 new text begin mechanism specified in that agreement. new text end 3.22 new text begin The base appropriation for the Tax Court new text end 3.23 new text begin shall be $1,288,000 in fiscal year 2018 and new text end 3.24 new text begin $1,288,000 in fiscal year 2019. new text end 3.25 Sec. 7. new text begin UNIFORM LAWS COMMISSION new text end new text begin $ new text end new text begin 88,000 new text end new text begin $ new text end new text begin 93,000 new text end 3.26 Sec. 8. new text begin BOARD ON JUDICIAL STANDARDS new text end new text begin $ new text end new text begin 486,000 new text end new text begin $ new text end new text begin 486,000 new text end 3.27 new text begin Major Disciplinary Actions new text end 3.28 new text begin $125,000 each year is for special new text end 3.29 new text begin investigative and hearing costs for major new text end 3.30 new text begin disciplinary actions undertaken by the new text end 4.1 new text begin board. This appropriation does not cancel. new text end 4.2 new text begin Any unencumbered and unspent balances new text end 4.3 new text begin remain available for these expenditures in new text end 4.4 new text begin subsequent fiscal years. new text end 4.5 Sec. 9. new text begin BOARD OF PUBLIC DEFENSE new text end new text begin $ new text end new text begin 76,547,000 new text end new text begin $ new text end new text begin 80,499,000 new text end 4.6 Sec. 10. new text begin SENTENCING GUIDELINES new text end new text begin $ new text end new text begin 595,000 new text end new text begin $ new text end new text begin 604,000 new text end 4.7 Sec. 11. new text begin PUBLIC SAFETY new text end 4.8 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 192,238,000 new text end new text begin $ new text end new text begin 183,759,000 new text end 4.9 new text begin Appropriations by Fund new text end 4.10 new text begin 2016 new text end new text begin 2017 new text end 4.11 new text begin General new text end new text begin 94,911,000 new text end new text begin 89,402,000 new text end 4.12 new text begin Special Revenue new text end new text begin 17,791,000 new text end new text begin 14,772,000 new text end 4.13 4.14 new text begin State Government new text end new text begin Special Revenue new text end new text begin 103,000 new text end new text begin 103,000 new text end 4.15 new text begin Environmental new text end new text begin 70,000 new text end new text begin 72,000 new text end 4.16 new text begin Trunk Highway new text end new text begin 2,295,000 new text end new text begin 2,325,000 new text end 4.17 new text begin 911 Fund new text end new text begin 77,068,000 new text end new text begin 77,085,000 new text end 4.18 new text begin The amounts that may be spent for each new text end 4.19 new text begin purpose are specified in the following new text end 4.20 new text begin subdivisions. new text end 4.21 new text begin Subd. 2. new text end new text begin Emergency Management new text end new text begin 6,810,000 new text end new text begin 3,861,000 new text end 4.22 new text begin Appropriations by Fund new text end 4.23 new text begin General new text end new text begin 5,331,000 new text end new text begin 2,480,000 new text end 4.24 new text begin Environmental new text end new text begin 70,000 new text end new text begin 72,000 new text end 4.25 4.26 new text begin Special Revenue new text end new text begin Fund new text end new text begin 1,409,000 new text end new text begin 1,309,000 new text end 4.27 new text begin (a) new text end new text begin Hazmat and Chemical Assessment Teams new text end 4.28 new text begin $1,409,000 the first year and $1,309,000 the new text end 4.29 new text begin second year are from the fire safety account new text end 4.30 new text begin in the special revenue fund. These amounts new text end 4.31 new text begin must be used to fund the hazardous materials new text end 4.32 new text begin and chemical assessment teams. new text end 4.33 new text begin (b) new text end new text begin School Safety new text end 5.1 new text begin $405,000 the first year and $410,000 the new text end 5.2 new text begin second year from the general fund are for the new text end 5.3 new text begin school safety center to provide for school new text end 5.4 new text begin safety. new text end 5.5 new text begin (c) new text end new text begin Combating Terrorism Recruitment new text end 5.6 new text begin $250,000 the first year is for the new text end 5.7 new text begin commissioner to develop strategies and new text end 5.8 new text begin make efforts to combat the recruitment of new text end 5.9 new text begin Minnesota residents by terrorist organizations new text end 5.10 new text begin such as ISIS and al-Shabaab. At least half new text end 5.11 new text begin of this amount must be distributed through new text end 5.12 new text begin grants to local governments with identified new text end 5.13 new text begin populations who are at-risk for recruitment. new text end 5.14 new text begin The commissioner must collaborate new text end 5.15 new text begin with federal, state, and local agencies in new text end 5.16 new text begin developing the required strategies. The new text end 5.17 new text begin commissioner shall prepare a report that new text end 5.18 new text begin explains in detail the strategies proposed new text end 5.19 new text begin and steps to implement the strategies. The new text end 5.20 new text begin commissioner must submit the report to new text end 5.21 new text begin the chairs and ranking minority members new text end 5.22 new text begin of the house and senate committees with new text end 5.23 new text begin jurisdiction over public safety by February new text end 5.24 new text begin 1, 2016. new text end 5.25 new text begin (d) new text end new text begin Disaster Assistance Account new text end 5.26 new text begin $2,500,000 in 2016 is for the disaster new text end 5.27 new text begin assistance contingency account in Minnesota new text end 5.28 new text begin Statutes, section 12.221. These funds are new text end 5.29 new text begin available until spent. new text end 5.30 new text begin Subd. 3. new text end new text begin Criminal Apprehension new text end new text begin 53,637,000 new text end new text begin 51,189,000 new text end 5.31 new text begin Appropriations by Fund new text end 5.32 new text begin General new text end new text begin 51,335,000 new text end new text begin 48,857,000 new text end 5.33 5.34 new text begin State Government new text end new text begin Special Revenue new text end new text begin 7,000 new text end new text begin 7,000 new text end 5.35 new text begin Trunk Highway new text end new text begin 2,295,000 new text end new text begin 2,325,000 new text end 6.1 new text begin (a) new text end new text begin DWI Lab Analysis; Trunk Highway Fund new text end 6.2 new text begin Notwithstanding Minnesota Statutes, section new text end 6.3 new text begin 161.20, subdivision 3, $1,941,000 each year new text end 6.4 new text begin is from the trunk highway fund for laboratory new text end 6.5 new text begin analysis related to driving-while-impaired new text end 6.6 new text begin cases. new text end 6.7 new text begin (b) new text end new text begin BCA Investment Initiative new text end 6.8 new text begin $2,223,000 the first year and $2,795,000 the new text end 6.9 new text begin second year are from the general fund for the new text end 6.10 new text begin Bureau of Criminal Apprehension: new text end 6.11 new text begin (1) for two permanent latent fingerprint new text end 6.12 new text begin examiner positions; new text end 6.13 new text begin (2) for one permanent mitochondrial DNA new text end 6.14 new text begin analyst positions; new text end 6.15 new text begin (3) to replace equipment and instruments in new text end 6.16 new text begin the forensic laboratory; new text end 6.17 new text begin (4) to purchase supplies for the forensic new text end 6.18 new text begin laboratory; new text end 6.19 new text begin (5) for nine permanent positions to form a new text end 6.20 new text begin digital forensics examination unit; new text end 6.21 new text begin (6) for five permanent positions to form a new text end 6.22 new text begin financial crimes unit; and new text end 6.23 new text begin (7) for 13 permanent positions to increase the new text end 6.24 new text begin capabilities of the predatory crimes section. new text end 6.25 new text begin (c) new text end new text begin Livescan Replacement new text end 6.26 new text begin $650,000 each year is from the general fund new text end 6.27 new text begin for the Bureau of Criminal Apprehension new text end 6.28 new text begin to replace electronic fingerprint capture new text end 6.29 new text begin equipment in criminal justice agencies new text end 6.30 new text begin around the state. The equipment is to be used new text end 6.31 new text begin to automatically submit the fingerprints to new text end 6.32 new text begin the bureau for identification of the person new text end 6.33 new text begin and processing. For each of fiscal years 2018 new text end 7.1 new text begin and 2019, $650,000 is added to the base for new text end 7.2 new text begin livescan replacement. new text end 7.3 new text begin (d) new text end new text begin Report new text end 7.4 new text begin If the vehicle services special revenue account new text end 7.5 new text begin accrues an unallocated balance in excess new text end 7.6 new text begin of 50 percent of the previous fiscal year's new text end 7.7 new text begin expenditures, the commissioner of public new text end 7.8 new text begin safety shall submit a report to the chairs new text end 7.9 new text begin and ranking minority members of the house new text end 7.10 new text begin of representatives and senate committees new text end 7.11 new text begin with jurisdiction over transportation and new text end 7.12 new text begin public safety policy and finance. The report new text end 7.13 new text begin must contain specific policy and legislative new text end 7.14 new text begin recommendations for reducing the fund new text end 7.15 new text begin balance and avoiding future excessive fund new text end 7.16 new text begin balances. The report is due within three new text end 7.17 new text begin months of the fund balance exceeding the new text end 7.18 new text begin threshold established in this paragraph. new text end 7.19 new text begin Subd. 4. new text end new text begin Fire Marshal new text end new text begin 15,668,000 new text end new text begin 12,722,000 new text end 7.20 new text begin Appropriations by Fund new text end 7.21 new text begin General new text end new text begin 18,000 new text end new text begin -0- new text end 7.22 new text begin Special Revenue new text end new text begin 15,650,000 new text end new text begin 12,722,000 new text end 7.23 new text begin This appropriation is from the fire safety new text end 7.24 new text begin account in the special revenue fund and is for new text end 7.25 new text begin activities under Minnesota Statutes, section new text end 7.26 new text begin 299F.012. Of this amount: new text end 7.27 new text begin (1) $4,673,000 the first year and $3,270,000 new text end 7.28 new text begin the second year are for an increase to the new text end 7.29 new text begin Minnesota Board of Firefighter Training. Of new text end 7.30 new text begin these amounts, $75,000 each year is onetime new text end 7.31 new text begin spending; new text end 7.32 new text begin (2) $2,200,000 the first year and $1,200,000 new text end 7.33 new text begin the second year are for an increase to new text end 7.34 new text begin Minnesota Task Force 1; and new text end 8.1 new text begin (3) $190,000 each year is to fund the new text end 8.2 new text begin Minnesota Air Rescue Team. new text end 8.3 new text begin Subd. 5. new text end new text begin Alcohol and Gambling Enforcement new text end new text begin 2,338,000 new text end new text begin 2,373,000 new text end 8.4 new text begin Appropriations by Fund new text end 8.5 new text begin General new text end new text begin 1,606,000 new text end new text begin 1,632,000 new text end 8.6 new text begin Special Revenue new text end new text begin 732,000 new text end new text begin 741,000 new text end 8.7 new text begin $662,000 the first year and $671,000 the new text end 8.8 new text begin second year are from the alcohol enforcement new text end 8.9 new text begin account in the special revenue fund. Of this new text end 8.10 new text begin appropriation, $500,000 each year shall be new text end 8.11 new text begin transferred to the general fund. new text end 8.12 new text begin $70,000 each year is appropriated from the new text end 8.13 new text begin lawful gambling regulation account in the new text end 8.14 new text begin special revenue fund. new text end 8.15 new text begin Subd. 6. new text end new text begin Office of Justice Programs new text end new text begin 36,442,000 new text end new text begin 36,479,000 new text end 8.16 new text begin Appropriations by Fund new text end 8.17 new text begin General new text end new text begin 36,346,000 new text end new text begin 36,383,000 new text end 8.18 8.19 new text begin State Government new text end new text begin Special Revenue new text end new text begin 96,000 new text end new text begin 96,000 new text end 8.20 new text begin (a) new text end new text begin OJP Administration Costs new text end 8.21 new text begin Up to 2.5 percent of the grant funds new text end 8.22 new text begin appropriated in this subdivision may be used new text end 8.23 new text begin by the commissioner to administer the grant new text end 8.24 new text begin program. new text end 8.25 new text begin (b) new text end new text begin Crime Victim Services new text end 8.26 new text begin $50,000 each year is for additional grants to new text end 8.27 new text begin organizations awarded grants in fiscal years new text end 8.28 new text begin 2014 and 2015. These appropriations are new text end 8.29 new text begin available through June 30, 2017. new text end 8.30 new text begin (c) new text end new text begin Child Advocacy Centers new text end 8.31 new text begin $50,000 each year is for grants to new text end 8.32 new text begin existing child advocacy centers whose new text end 8.33 new text begin primary purposes are (1) to coordinate the new text end 8.34 new text begin investigation, treatment, and management of new text end 9.1 new text begin abuse cases and (2) to provide direct services new text end 9.2 new text begin to abuse victims. new text end 9.3 new text begin (d) new text end new text begin Prosecutor and Law Enforcement Training new text end 9.4 new text begin $100,000 each year is for a grant to the new text end 9.5 new text begin Minnesota County Attorneys Association for new text end 9.6 new text begin prosecutor and law enforcement training. new text end 9.7 new text begin (e) new text end new text begin Crime Victim Support new text end 9.8 new text begin $50,000 each year is for a grant to a new text end 9.9 new text begin nonprofit organization dedicated to providing new text end 9.10 new text begin immediate and long-term emotional support new text end 9.11 new text begin and practical help for the families and friends new text end 9.12 new text begin of individuals who have died by suicide, new text end 9.13 new text begin overdose, accident, or homicide, including new text end 9.14 new text begin but not limited to domestic violence. new text end 9.15 new text begin (f) new text end new text begin Sex Trafficking Investigations new text end 9.16 new text begin $250,000 each year is for grants to state and new text end 9.17 new text begin local units of government for the following new text end 9.18 new text begin purposes: new text end 9.19 new text begin (1) to support new or existing new text end 9.20 new text begin multijurisdictional entities to investigate sex new text end 9.21 new text begin trafficking crimes; and new text end 9.22 new text begin (2) to provide technical assistance, including new text end 9.23 new text begin training and case consultation, to law new text end 9.24 new text begin enforcement agencies statewide. new text end 9.25 new text begin (g) new text end new text begin Alternatives to Juvenile Detention new text end 9.26 new text begin $50,000 each year is for grants to nonprofit new text end 9.27 new text begin organizations to conduct training, technical new text end 9.28 new text begin support, and peer learning opportunities for new text end 9.29 new text begin counties interested in implementing juvenile new text end 9.30 new text begin detention reform and addressing disparities new text end 9.31 new text begin in the juvenile justice system to accomplish new text end 9.32 new text begin cost-effective interventions that leverage the new text end 10.1 new text begin strength of families and communities. This new text end 10.2 new text begin funding is added to the base. new text end 10.3 new text begin (h) $50,000 in fiscal year 2016 and $50,000 new text end 10.4 new text begin in fiscal year 2017 are appropriated from the new text end 10.5 new text begin general fund to the commissioner of public new text end 10.6 new text begin safety for the purposes of the lifesaver grant new text end 10.7 new text begin program under section 299C.563. new text end 10.8 new text begin Subd. 7. new text end new text begin Emergency Communication Networks new text end new text begin 77,068,000 new text end new text begin 77,085,000 new text end 10.9 new text begin This appropriation is from the state new text end 10.10 new text begin government special revenue fund for 911 new text end 10.11 new text begin emergency telecommunications services. new text end 10.12 new text begin (a) new text end new text begin Public Safety Answering Points new text end 10.13 new text begin $13,664,000 each year is to be distributed new text end 10.14 new text begin as provided in Minnesota Statutes, section new text end 10.15 new text begin 403.113, subdivision 2. new text end 10.16 new text begin This appropriation includes funds for new text end 10.17 new text begin information technology project services new text end 10.18 new text begin and support subject to the provisions of new text end 10.19 new text begin Minnesota Statutes, section 16E.0466. Any new text end 10.20 new text begin ongoing information technology costs will be new text end 10.21 new text begin incorporated into the service level agreement new text end 10.22 new text begin and will be paid to the Office of MN.IT new text end 10.23 new text begin Services by the Department of Public Safety new text end 10.24 new text begin under the rates and mechanism specified in new text end 10.25 new text begin that agreement. new text end 10.26 new text begin (b) new text end new text begin Medical Resource Communication Centers new text end 10.27 new text begin $683,000 each year is for grants to the new text end 10.28 new text begin Minnesota Emergency Medical Services new text end 10.29 new text begin Regulatory Board for the Metro East new text end 10.30 new text begin and Metro West Medical Resource new text end 10.31 new text begin Communication Centers that were in new text end 10.32 new text begin operation before January 1, 2000. new text end 10.33 new text begin (c) new text end new text begin ARMER Debt Service new text end 11.1 new text begin $22,261,000 each year is to the commissioner new text end 11.2 new text begin of management and budget to pay debt new text end 11.3 new text begin service on revenue bonds issued under new text end 11.4 new text begin Minnesota Statutes, section 403.275. new text end 11.5 new text begin Any portion of this appropriation not needed new text end 11.6 new text begin to pay debt service in a fiscal year may be new text end 11.7 new text begin used by the commissioner of public safety to new text end 11.8 new text begin pay cash for any of the capital improvements new text end 11.9 new text begin for which bond proceeds were appropriated new text end 11.10 new text begin by Laws 2005, chapter 136, article 1, section new text end 11.11 new text begin 9, subdivision 8; or Laws 2007, chapter 54, new text end 11.12 new text begin article 1, section 10, subdivision 8. new text end 11.13 new text begin (d) new text end new text begin ARMER State Backbone Operating new text end 11.14 new text begin Costs new text end 11.15 new text begin $9,650,000 each year is to the commissioner new text end 11.16 new text begin of transportation for costs of maintaining and new text end 11.17 new text begin operating the first and third phases of the new text end 11.18 new text begin statewide radio system backbone. new text end 11.19 new text begin (e) new text end new text begin ARMER Improvements new text end 11.20 new text begin $1,000,000 each year is to the Statewide new text end 11.21 new text begin Radio Board for costs of design, construction, new text end 11.22 new text begin and maintenance of, and improvements new text end 11.23 new text begin to, those elements of the statewide public new text end 11.24 new text begin safety radio and communication system new text end 11.25 new text begin that support mutual aid communications new text end 11.26 new text begin and emergency medical services or provide new text end 11.27 new text begin interim enhancement of public safety new text end 11.28 new text begin communication interoperability in those new text end 11.29 new text begin areas of the state where the statewide public new text end 11.30 new text begin safety radio and communication system is new text end 11.31 new text begin not yet implemented. new text end 11.32 11.33 Sec. 12. new text begin PEACE OFFICER STANDARDS new text end new text begin AND TRAINING (POST) BOARD new text end new text begin $ new text end new text begin 3,987,000 new text end new text begin $ new text end new text begin 4,004,000 new text end 11.34 new text begin (a) new text end new text begin Excess Amounts Transferred new text end 12.1 new text begin This appropriation is from the peace officer new text end 12.2 new text begin training account in the special revenue fund. new text end 12.3 new text begin Any new receipts credited to that account in new text end 12.4 new text begin the first year in excess of $3,887,000 must be new text end 12.5 new text begin transferred and credited to the general fund. new text end 12.6 new text begin Any new receipts credited to that account in new text end 12.7 new text begin the second year in excess of $3,904,000 must new text end 12.8 new text begin be transferred and credited to the general new text end 12.9 new text begin fund. new text end 12.10 new text begin (b) new text end new text begin Peace Officer Training new text end 12.11 new text begin Reimbursements new text end 12.12 new text begin $2,734,000 each year is for reimbursements new text end 12.13 new text begin to local governments for peace officer new text end 12.14 new text begin training costs. new text end 12.15 new text begin (c) new text end new text begin De-escalation Training new text end 12.16 new text begin $100,000 each year is for training state and new text end 12.17 new text begin local community safety personnel in the use new text end 12.18 new text begin of crisis de-escalation techniques. new text end 12.19 Sec. 13. new text begin PRIVATE DETECTIVE BOARD new text end new text begin $ new text end new text begin 122,000 new text end new text begin $ new text end new text begin 124,000 new text end 12.20 Sec. 14. new text begin CORRECTIONS new text end 12.21 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 526,638,000 new text end new text begin $ new text end new text begin 537,845,000 new text end 12.22 new text begin The amounts that may be spent for each new text end 12.23 new text begin purpose are specified in the following new text end 12.24 new text begin subdivisions. new text end 12.25 new text begin Subd. 2. new text end new text begin Correctional Institutions new text end new text begin 381,152,000 new text end new text begin 390,892,000 new text end 12.26 new text begin (a) new text end new text begin Informational Technology new text end 12.27 new text begin This appropriation includes funds for new text end 12.28 new text begin information technology project services new text end 12.29 new text begin and support subject to the provisions of new text end 12.30 new text begin Minnesota Statutes, section 16E.0466. Any new text end 12.31 new text begin ongoing information technology costs will be new text end 12.32 new text begin incorporated into the service level agreement new text end 13.1 new text begin and will be paid to the Office of MN.IT new text end 13.2 new text begin Services by the Department of Corrections new text end 13.3 new text begin under the rates and mechanism specified in new text end 13.4 new text begin that agreement. new text end 13.5 new text begin (b) new text end new text begin Fugitive Apprehension Unit new text end 13.6 new text begin $541,000 in fiscal year 2016 and $670,000 in new text end 13.7 new text begin fiscal year 2017 are to increase the number new text end 13.8 new text begin of full-time equivalent positions in the new text end 13.9 new text begin department's fugitive apprehension unit. The new text end 13.10 new text begin base for this item is $642,000 in each of new text end 13.11 new text begin fiscal years 2018 and 2019. new text end 13.12 new text begin Subd. 3. new text end new text begin Community Services new text end new text begin 120,674,000 new text end new text begin 121,688,000 new text end 13.13 new text begin (a) new text end new text begin Intensive Supervised Release Agents new text end 13.14 new text begin $1,000,000 each year is to increase the new text end 13.15 new text begin number of supervision agents for offenders new text end 13.16 new text begin on intensive supervised release as described new text end 13.17 new text begin in Minnesota Statutes, section 244.13, new text end 13.18 new text begin subdivision 2. new text end 13.19 new text begin (b) new text end new text begin Challenge Incarceration new text end 13.20 new text begin $250,000 each year is to increase the new text end 13.21 new text begin number of supervision agents for offenders new text end 13.22 new text begin participating in the department's challenge new text end 13.23 new text begin incarceration program as described in new text end 13.24 new text begin Minnesota Statutes, section 244.172, new text end 13.25 new text begin subdivisions 2 and 3. new text end 13.26 new text begin (c) new text end new text begin Community Corrections Act new text end 13.27 new text begin $1,550,000 each year is added to the new text end 13.28 new text begin Community Corrections Act subsidy, as new text end 13.29 new text begin described in Minnesota Statutes, section new text end 13.30 new text begin 401.14. new text end 13.31 new text begin (d) new text end new text begin County Probation Officer new text end 13.32 new text begin Reimbursements new text end 14.1 new text begin $200,000 each year is added to the county new text end 14.2 new text begin probation officers reimbursement, as new text end 14.3 new text begin described in Minnesota Statutes, section new text end 14.4 new text begin 244.19, subdivision 6. new text end 14.5 new text begin (e) new text end new text begin Scott County Correctional Services new text end 14.6 new text begin $85,000 each year is for a probation caseload new text end 14.7 new text begin and workload reduction grant to Scott County new text end 14.8 new text begin to provide correctional services. new text end 14.9 new text begin Subd. 4. new text end new text begin Operations Support new text end new text begin 24,812,000 new text end new text begin 25,265,000 new text end 14.10 new text begin $500,000 each year is to support technology new text end 14.11 new text begin needs. new text end 14.12 new text begin This appropriation includes funds for new text end 14.13 new text begin information technology project services new text end 14.14 new text begin and support subject to the provisions of new text end 14.15 new text begin Minnesota Statutes, section 16E.0466. Any new text end 14.16 new text begin ongoing information technology costs will be new text end 14.17 new text begin incorporated into the service level agreement new text end 14.18 new text begin and will be paid to the Office of MN.IT new text end 14.19 new text begin Services by the Department of Corrections new text end 14.20 new text begin under the rates and mechanism specified in new text end 14.21 new text begin that agreement. new text end 14.22 Sec. 15. new text begin TRANSFERS new text end 14.23 new text begin $825,000 the first year and $2,450,000 new text end 14.24 new text begin the second year are transferred from the new text end 14.25 new text begin MINNCOR fund to the general fund. new text end 14.26    Sec. 16. Laws 2013, chapter 86, article 1, section 7, is amended to read: 14.27 Sec. 7. TAX COURT$1,023,000$1,035,00014.28(a) Additional Resources 14.29$161,000 each year is for two law clerks, 14.30continuing legal education costs, and 14.31Westlaw costs new text begin operating expenses new text end . new text begin Any new text end 15.1 new text begin amount not expended in the first year does new text end 15.2 new text begin not cancel and is available in the second year. new text end 15.3(b) Case Management System 15.4$25,000 each year is for the implementation 15.5and maintenance of a modern case 15.6management system. 15.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively from July 1, 2013. new text end 15.8    Sec. 17. Laws 2013, chapter 86, article 1, section 9, is amended to read: 15.9 Sec. 9. BOARD ON JUDICIAL STANDARDS$756,000$456,00015.10(a) Deficiencies 15.11$300,000 the first year is for deficiencies 15.12occurring in fiscal year 2013. This 15.13appropriation is available for expenditure the 15.14day following final enactment. 15.15(b) Major Disciplinary Actions 15.16$125,000 each year is for special 15.17investigative and hearing costs for major 15.18disciplinary actions undertaken by the 15.19board. This appropriation does not cancel. 15.20Any encumbered new text begin unencumbered new text end and 15.21unspent balances remain available for these 15.22expenditures in subsequent fiscal years. 15.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 15.24ARTICLE 2 15.25COURTS 15.26    Section 1. Minnesota Statutes 2014, section 253B.08, subdivision 2a, is amended to 15.27read: 15.28    Subd. 2a. Place of hearing. The hearing shall be conducted in a manner consistent 15.29with orderly procedure. The hearing shall be held at a courtroom meeting standards 15.30prescribed by local court rule which may be at a treatment facility. new text begin The hearing may be new text end 16.1 new text begin conducted by interactive video conference under General Rules of Practice, rule 131, and new text end 16.2 new text begin Minnesota Rules of Civil Commitment, rule 14. new text end 16.3    Sec. 2. Minnesota Statutes 2014, section 253B.12, subdivision 2a, is amended to read: 16.4    Subd. 2a. Time new text begin and place new text end for hearing. new text begin (a) new text end Unless the proceedings are terminated 16.5under subdivision 1, paragraph (e), a review hearing must be held within 14 days after 16.6receipt by the committing court of the report required under subdivision 1, paragraph (c) 16.7or (d), and before the time the commitment expires. For good cause shown, the court 16.8may continue the hearing for up to an additional 14 days and extend any orders until 16.9the review hearing is held. 16.10 new text begin (b) new text end The patient, the patient's counsel, the petitioner, and other persons as the court 16.11directs must be given at least five days' notice of the time and place of the hearing. 16.12 new text begin The hearing may be conducted by interactive video conference under General Rules of new text end 16.13 new text begin Practice, rule 131, and Minnesota Rules of Civil Commitment, rule 14. new text end 16.14    Sec. 3. Minnesota Statutes 2014, section 253D.28, subdivision 2, is amended to read: 16.15    Subd. 2. Procedure. (a) The Supreme Court shall refer a petition for rehearing and 16.16reconsideration to the chief judge of the judicial appeal panel. The chief judge shall notify 16.17the committed person, the county attorneys of the county of commitment and county of 16.18financial responsibility, the commissioner, the executive director, any interested person, 16.19and other persons the chief judge designates, of the time and place of the hearing on 16.20the petition. The notice shall be given at least 14 days prior to the date of the hearing. 16.21 new text begin The hearing may be conducted by interactive video conference under General Rules of new text end 16.22 new text begin Practice, rule 131, and Minnesota Rules of Civil Commitment, rule 14. new text end 16.23    (b) Any person may oppose the petition. The committed person, the committed 16.24person's counsel, the county attorneys of the committing county and county of financial 16.25responsibility, and the commissioner shall participate as parties to the proceeding pending 16.26before the judicial appeal panel and shall, no later than 20 days before the hearing on the 16.27petition, inform the judicial appeal panel and the opposing party in writing whether they 16.28support or oppose the petition and provide a summary of facts in support of their position. 16.29(c) The judicial appeal panel may appoint examiners and may adjourn the hearing 16.30from time to time. It shall hear and receive all relevant testimony and evidence and make 16.31a record of all proceedings. The committed person, the committed person's counsel, and 16.32the county attorney of the committing county or the county of financial responsibility have 16.33the right to be present and may present and cross-examine all witnesses and offer a factual 16.34and legal basis in support of their positions. 17.1(d) The petitioning party seeking discharge or provisional discharge bears the 17.2burden of going forward with the evidence, which means presenting a prima facie case 17.3with competent evidence to show that the person is entitled to the requested relief. If 17.4the petitioning party has met this burden, the party opposing discharge or provisional 17.5discharge bears the burden of proof by clear and convincing evidence that the discharge or 17.6provisional discharge should be denied. 17.7(e) A party seeking transfer under section 253D.29 must establish by a preponderance 17.8of the evidence that the transfer is appropriate. 17.9    Sec. 4. Minnesota Statutes 2014, section 260.012, is amended to read: 17.10260.012 DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY 17.11REUNIFICATION; REASONABLE EFFORTS. 17.12    (a) Once a child alleged to be in need of protection or services is under the court's 17.13jurisdiction, the court shall ensure that reasonable efforts, including culturally appropriate 17.14services, by the social services agency are made to prevent placement or to eliminate the 17.15need for removal and to reunite the child with the child's family at the earliest possible 17.16time, and the court must ensure that the responsible social services agency makes 17.17reasonable efforts to finalize an alternative permanent plan for the child as provided in 17.18paragraph (e). In determining reasonable efforts to be made with respect to a child and in 17.19making those reasonable efforts, the child's best interests, health, and safety must be of 17.20paramount concern. Reasonable efforts to prevent placement and for rehabilitation and 17.21reunification are always required except upon a determination by the court that a petition 17.22has been filed stating a prima facie case that: 17.23    (1) the parent has subjected a child to egregious harm as defined in section 17.24260C.007, subdivision 14 ; 17.25    (2) the parental rights of the parent to another child have been terminated 17.26involuntarily; 17.27    (3) the child is an abandoned infant under section 260C.301, subdivision 2, 17.28paragraph (a), clause (2); 17.29    (4) the parent's custodial rights to another child have been involuntarily transferred 17.30to a relative under Minnesota Statutes 2010, section 260C.201, subdivision 11, paragraph 17.31(d), clause (1), section 260C.515, subdivision 4, or a similar law of another jurisdiction; 17.32(5) the parent has committed sexual abuse as defined in section 626.556, subdivision 17.332 , against the child or another child of the parent; 17.34(6) the parent has committed an offense that requires registration as a predatory 17.35offender under section 243.166, subdivision 1b, paragraph (a) or (b); or 18.1    (7) the provision of services or further services for the purpose of reunification is 18.2futile and therefore unreasonable under the circumstances new text begin ; or new text end 18.3     new text begin (8) the child was conceived as the result of a parent committing an act of sexual new text end 18.4 new text begin assault against the mother that involved sexual penetration, as defined in section 609.341, new text end 18.5 new text begin subdivision 12, and the mother did not grant consent, as defined in section 609.341, new text end 18.6 new text begin subdivision 4, to the sexual penetration, or pursuant to a violation of a similar law new text end 18.7 new text begin of another state, territory, possession, or an Indian tribe where the offense occurred. new text end 18.8 new text begin However, reasonable efforts to prevent placement and for rehabilitation and reunification new text end 18.9 new text begin may be pursued when the conditions under section 260C.301, subdivision 1, paragraph new text end 18.10 new text begin (b), clause (10), item (iii) apply new text end . 18.11    (b) When the court makes one of the prima facie determinations under paragraph (a), 18.12either permanency pleadings under section 260C.505, or a termination of parental rights 18.13petition under sections 260C.141 and 260C.301 must be filed. A permanency hearing 18.14under sections 260C.503 to 260C.521 must be held within 30 days of this determination. 18.15    (c) In the case of an Indian child, in proceedings under sections 260B.178, 260C.178, 18.16260C.201 , 260C.202, 260C.204, 260C.301, or 260C.503 to 260C.521, the juvenile court 18.17must make findings and conclusions consistent with the Indian Child Welfare Act of 18.181978, United States Code, title 25, section 1901 et seq., as to the provision of active 18.19efforts. In cases governed by the Indian Child Welfare Act of 1978, United States Code, 18.20title 25, section 1901, the responsible social services agency must provide active efforts as 18.21required under United States Code, title 25, section 1911(d). 18.22    (d) "Reasonable efforts to prevent placement" means: 18.23    (1) the agency has made reasonable efforts to prevent the placement of the child in 18.24foster care by working with the family to develop and implement a safety plan; or 18.25    (2) given the particular circumstances of the child and family at the time of the 18.26child's removal, there are no services or efforts available which could allow the child to 18.27safely remain in the home. 18.28    (e) "Reasonable efforts to finalize a permanent plan for the child" means due 18.29diligence by the responsible social services agency to: 18.30    (1) reunify the child with the parent or guardian from whom the child was removed; 18.31    (2) assess a noncustodial parent's ability to provide day-to-day care for the child and, 18.32where appropriate, provide services necessary to enable the noncustodial parent to safely 18.33provide the care, as required by section 260C.219; 18.34    (3) conduct a relative search to identify and provide notice to adult relatives as 18.35required under section 260C.221; 19.1(4) place siblings removed from their home in the same home for foster care or 19.2adoption, or transfer permanent legal and physical custody to a relative. Visitation 19.3between siblings who are not in the same foster care, adoption, or custodial placement or 19.4facility shall be consistent with section 260C.212, subdivision 2; and 19.5    (5) when the child cannot return to the parent or guardian from whom the child was 19.6removed, to plan for and finalize a safe and legally permanent alternative home for the 19.7child, and considers permanent alternative homes for the child inside or outside of the 19.8state, preferably through adoption or transfer of permanent legal and physical custody of 19.9the child. 19.10    (f) Reasonable efforts are made upon the exercise of due diligence by the responsible 19.11social services agency to use culturally appropriate and available services to meet the needs 19.12of the child and the child's family. Services may include those provided by the responsible 19.13social services agency and other culturally appropriate services available in the community. 19.14At each stage of the proceedings where the court is required to review the appropriateness 19.15of the responsible social services agency's reasonable efforts as described in paragraphs 19.16(a), (d), and (e), the social services agency has the burden of demonstrating that: 19.17    (1) it has made reasonable efforts to prevent placement of the child in foster care; 19.18    (2) it has made reasonable efforts to eliminate the need for removal of the child from 19.19the child's home and to reunify the child with the child's family at the earliest possible time; 19.20    (3) it has made reasonable efforts to finalize an alternative permanent home for 19.21the child, and considers permanent alternative homes for the child inside or outside of 19.22the state; or 19.23    (4) reasonable efforts to prevent placement and to reunify the child with the parent 19.24or guardian are not required. The agency may meet this burden by stating facts in a sworn 19.25petition filed under section 260C.141, by filing an affidavit summarizing the agency's 19.26reasonable efforts or facts the agency believes demonstrate there is no need for reasonable 19.27efforts to reunify the parent and child, or through testimony or a certified report required 19.28under juvenile court rules. 19.29    (g) Once the court determines that reasonable efforts for reunification are not 19.30required because the court has made one of the prima facie determinations under paragraph 19.31(a), the court may only require reasonable efforts for reunification after a hearing 19.32according to section 260C.163, where the court finds there is not clear and convincing 19.33evidence of the facts upon which the court based its prima facie determination. In this 19.34case when there is clear and convincing evidence that the child is in need of protection or 19.35services, the court may find the child in need of protection or services and order any of 20.1the dispositions available under section 260C.201, subdivision 1. Reunification of a child 20.2with a parent is not required if the parent has been convicted of: 20.3    (1) a violation of, or an attempt or conspiracy to commit a violation of, sections 20.4609.185 to 609.20; 609.222, subdivision 2; or 609.223 in regard to another child of the 20.5parent; 20.6    (2) a violation of section 609.222, subdivision 2; or 609.223, in regard to the child; 20.7    (3) a violation of, or an attempt or conspiracy to commit a violation of, United States 20.8Code, title 18, section 1111(a) or 1112(a), in regard to another child of the parent; 20.9(4) committing sexual abuse as defined in section 626.556, subdivision 2, against 20.10the child or another child of the parent; or 20.11(5) an offense that requires registration as a predatory offender under section 20.12243.166, subdivision 1b , paragraph (a) or (b). 20.13    (h) The juvenile court, in proceedings under sections 260B.178, 260C.178, 20.14260C.201 , 260C.202, 260C.204, 260C.301, or 260C.503 to 260C.521, shall make findings 20.15and conclusions as to the provision of reasonable efforts. When determining whether 20.16reasonable efforts have been made, the court shall consider whether services to the child 20.17and family were: 20.18    (1) relevant to the safety and protection of the child; 20.19    (2) adequate to meet the needs of the child and family; 20.20    (3) culturally appropriate; 20.21    (4) available and accessible; 20.22    (5) consistent and timely; and 20.23    (6) realistic under the circumstances. 20.24    In the alternative, the court may determine that provision of services or further 20.25services for the purpose of rehabilitation is futile and therefore unreasonable under the 20.26circumstances or that reasonable efforts are not required as provided in paragraph (a). 20.27    (i) This section does not prevent out-of-home placement for treatment of a child with 20.28a mental disability when it is determined to be medically necessary as a result of the child's 20.29diagnostic assessment or individual treatment plan indicates that appropriate and necessary 20.30treatment cannot be effectively provided outside of a residential or inpatient treatment 20.31program and the level or intensity of supervision and treatment cannot be effectively and 20.32safely provided in the child's home or community and it is determined that a residential 20.33treatment setting is the least restrictive setting that is appropriate to the needs of the child. 20.34    (j) If continuation of reasonable efforts to prevent placement or reunify the child 20.35with the parent or guardian from whom the child was removed is determined by the court 20.36to be inconsistent with the permanent plan for the child or upon the court making one of 21.1the prima facie determinations under paragraph (a), reasonable efforts must be made to 21.2place the child in a timely manner in a safe and permanent home and to complete whatever 21.3steps are necessary to legally finalize the permanent placement of the child. 21.4    (k) Reasonable efforts to place a child for adoption or in another permanent 21.5placement may be made concurrently with reasonable efforts to prevent placement or to 21.6reunify the child with the parent or guardian from whom the child was removed. When 21.7the responsible social services agency decides to concurrently make reasonable efforts for 21.8both reunification and permanent placement away from the parent under paragraph (a), the 21.9agency shall disclose its decision and both plans for concurrent reasonable efforts to all 21.10parties and the court. When the agency discloses its decision to proceed on both plans for 21.11reunification and permanent placement away from the parent, the court's review of the 21.12agency's reasonable efforts shall include the agency's efforts under both plans. 21.13    Sec. 5. Minnesota Statutes 2014, section 260C.301, subdivision 1, is amended to read: 21.14    Subdivision 1. Voluntary and involuntary. The juvenile court may upon petition, 21.15terminate all rights of a parent to a child: 21.16(a) with the written consent of a parent who for good cause desires to terminate 21.17parental rights; or 21.18(b) if it finds that one or more of the following conditions exist: 21.19(1) that the parent has abandoned the child; 21.20(2) that the parent has substantially, continuously, or repeatedly refused or neglected 21.21to comply with the duties imposed upon that parent by the parent and child relationship, 21.22including but not limited to providing the child with necessary food, clothing, shelter, 21.23education, and other care and control necessary for the child's physical, mental, or 21.24emotional health and development, if the parent is physically and financially able, and 21.25either reasonable efforts by the social services agency have failed to correct the conditions 21.26that formed the basis of the petition or reasonable efforts would be futile and therefore 21.27unreasonable; 21.28(3) that a parent has been ordered to contribute to the support of the child or 21.29financially aid in the child's birth and has continuously failed to do so without good cause. 21.30This clause shall not be construed to state a grounds for termination of parental rights of a 21.31noncustodial parent if that parent has not been ordered to or cannot financially contribute 21.32to the support of the child or aid in the child's birth; 21.33(4) that a parent is palpably unfit to be a party to the parent and child relationship 21.34because of a consistent pattern of specific conduct before the child or of specific conditions 21.35directly relating to the parent and child relationship either of which are determined by 22.1the court to be of a duration or nature that renders the parent unable, for the reasonably 22.2foreseeable future, to care appropriately for the ongoing physical, mental, or emotional 22.3needs of the child. It is presumed that a parent is palpably unfit to be a party to the parent 22.4and child relationship upon a showing that the parent's parental rights to one or more other 22.5children were involuntarily terminated or that the parent's custodial rights to another child 22.6have been involuntarily transferred to a relative under Minnesota Statutes 2010, section 22.7260C.201, subdivision 11, paragraph (e), clause (1) , section 260C.515, subdivision 4, or a 22.8similar law of another jurisdiction; 22.9(5) that following the child's placement out of the home, reasonable efforts, under the 22.10direction of the court, have failed to correct the conditions leading to the child's placement. 22.11It is presumed that reasonable efforts under this clause have failed upon a showing that: 22.12(i) a child has resided out of the parental home under court order for a cumulative 22.13period of 12 months within the preceding 22 months. In the case of a child under age eight 22.14at the time the petition was filed alleging the child to be in need of protection or services, 22.15the presumption arises when the child has resided out of the parental home under court 22.16order for six months unless the parent has maintained regular contact with the child and 22.17the parent is complying with the out-of-home placement plan; 22.18(ii) the court has approved the out-of-home placement plan required under section 22.19260C.212 and filed with the court under section 260C.178; 22.20(iii) conditions leading to the out-of-home placement have not been corrected. It 22.21is presumed that conditions leading to a child's out-of-home placement have not been 22.22corrected upon a showing that the parent or parents have not substantially complied with 22.23the court's orders and a reasonable case plan; and 22.24(iv) reasonable efforts have been made by the social services agency to rehabilitate 22.25the parent and reunite the family. 22.26This clause does not prohibit the termination of parental rights prior to one year, or 22.27in the case of a child under age eight, prior to six months after a child has been placed 22.28out of the home. 22.29It is also presumed that reasonable efforts have failed under this clause upon a 22.30showing that: 22.31(A) the parent has been diagnosed as chemically dependent by a professional 22.32certified to make the diagnosis; 22.33(B) the parent has been required by a case plan to participate in a chemical 22.34dependency treatment program; 22.35(C) the treatment programs offered to the parent were culturally, linguistically, 22.36and clinically appropriate; 23.1(D) the parent has either failed two or more times to successfully complete a 23.2treatment program or has refused at two or more separate meetings with a caseworker 23.3to participate in a treatment program; and 23.4(E) the parent continues to abuse chemicals. 23.5(6) that a child has experienced egregious harm in the parent's care which is of a 23.6nature, duration, or chronicity that indicates a lack of regard for the child's well-being, 23.7such that a reasonable person would believe it contrary to the best interest of the child 23.8or of any child to be in the parent's care; 23.9(7) that in the case of a child born to a mother who was not married to the child's 23.10father when the child was conceived nor when the child was born the person is not entitled 23.11to notice of an adoption hearing under section 259.49 and the person has not registered 23.12with the fathers' adoption registry under section 259.52; 23.13(8) that the child is neglected and in foster care; or 23.14(9) that the parent has been convicted of a crime listed in section 260.012, paragraph 23.15(g) , clauses (1) to (5) new text begin ; or new text end 23.16 new text begin (10) the court determines that the child was conceived as the result of the parent new text end 23.17 new text begin committing an act of sexual assault against the mother that involved sexual penetration, as new text end 23.18 new text begin defined in section 609.341, subdivision 12, and the mother did not grant consent, as defined new text end 23.19 new text begin in section 609.341, subdivision 4, to the sexual penetration, or pursuant to violation of a new text end 23.20 new text begin similar law of another state, territory, possession, or Indian tribe where the offense occurred. new text end 23.21 new text begin (i) A guilty plea, conviction, or adjudication of the parent who committed an act new text end 23.22 new text begin of sexual assault as defined in this clause is not required. new text end 23.23 new text begin (ii) It is presumed that the termination of parental rights of the parent who committed new text end 23.24 new text begin an act of sexual assault against the mother as defined in this clause is in the best interest of new text end 23.25 new text begin the child if the child was conceived as a result of that act. new text end 23.26 new text begin (iii) It is not presumed that termination of parental rights is in the best interest of the new text end 23.27 new text begin child if the act involved sexual penetration as defined in section 609.344, subdivision 1, new text end 23.28 new text begin paragraph (b) when the actor was no more than 48 months but more the 24 months older new text end 23.29 new text begin than the complainant who was at least 13, but less than 16 years of age and there are no new text end 23.30 new text begin other factors that threaten the child's best interests, health, and safety. new text end 23.31 new text begin (iv) A petition for termination of parental rights under this clause may be filed at new text end 23.32 new text begin any time new text end . 23.33In an action involving an American Indian child, sections 260.751 to 260.835 and 23.34the Indian Child Welfare Act, United States Code, title 25, sections 1901 to 1923, control 23.35to the extent that the provisions of this section are inconsistent with those laws. 24.1    Sec. 6. Minnesota Statutes 2014, section 260C.301, subdivision 8, is amended to read: 24.2    Subd. 8. Findings regarding reasonable efforts. In any proceeding under this 24.3section, the court shall make specific findings: 24.4(1) that reasonable efforts to finalize the permanency plan to reunify the child and 24.5the parent were made including individualized and explicit findings regarding the nature 24.6and extent of efforts made by the social services agency to rehabilitate the parent and 24.7reunite the family; or 24.8(2) that reasonable efforts for reunification are not required as provided under 24.9section 260.012 new text begin ; or new text end 24.10 new text begin (3) that reasonable efforts for reunification are not required because the termination new text end 24.11 new text begin is based on the factors in subdivision 1, paragraph (b), clause (10), items (i) or (ii) new text end . 24.12    Sec. 7. Minnesota Statutes 2014, section 271.08, subdivision 1, is amended to read: 24.13    Subdivision 1. Written order. The Tax Court, except in Small Claims Division, 24.14shall determine every appeal by written order containing findings of fact and the decision 24.15of the tax court. A memorandum of the grounds of the decision shall be appended. Notice 24.16of the entry of the order and of the substance of the decision shall be mailed to all parties. 24.17A motion for rehearing, which includes a motion for amended findings of fact, conclusions 24.18of law, or a new trial, must be served by the moving party within 15 new text begin 30 new text end days after mailing 24.19of the notice by the court as specified in this subdivision, and the motion must be heard 24.20within 30 new text begin 60 new text end days thereafter, unless the time for hearing is extended by the court within 24.21the 30-day new text begin 60-day new text end period for good cause shown. 24.22 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 24.23    Sec. 8. Minnesota Statutes 2014, section 271.21, subdivision 2, is amended to read: 24.24    Subd. 2. Jurisdiction. At the election of the taxpayer, the Small Claims Division 24.25shall have jurisdiction only in the following matters: 24.26(a) cases involving valuation, assessment, or taxation of real or personal property, if: 24.27(i) the issue is a denial of a current year application for the homestead classification 24.28for the taxpayer's property; 24.29(ii) only one parcel is included in the petition, the entire parcel is classified as 24.30homestead class 1a or 1b under section 273.13, and the parcel contains no more than 24.31one dwelling unit; 24.32(iii) the entire property is classified as agricultural homestead class 2a or 1b under 24.33section 273.13; or 25.1(iv) the assessor's estimated market value of the property included in the petition 25.2is less than $300,000; or 25.3(b) any case not involving valuation, assessment, or taxation of real and personal 25.4property in which the amount in controversy does not exceed $5,000 new text begin $15,000 new text end , including 25.5penalty and interest. 25.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 25.7    Sec. 9. Minnesota Statutes 2014, section 486.10, subdivision 2, is amended to read: 25.8    Subd. 2. Disclosure; court reporter requirements; objections. (a) The existence 25.9of a contract or new text begin an exclusive new text end agreement new text begin with a court reporter or court reporting firm new text end for 25.10court reporting services must be disclosed as provided by this paragraph. Written notice of 25.11a contract or agreement must be included in the notice of taking deposition or the notice of 25.12legal proceeding before commencement of a legal proceeding at which court reporting 25.13services are being provided. Oral disclosure of a contract or agreement must be made on 25.14the record by the court reporter at the commencement of the legal proceeding. 25.15(b) A freelance court reporter new text begin or court reporting firm new text end : 25.16(1) shall treat all parties to an action equally, providing comparable services to 25.17all parties; 25.18 new text begin (2) shall charge the same rate for copies of the same transcript to all parties according new text end 25.19 new text begin to Minnesota Rules of Civil Procedure, rule 30.06; new text end 25.20(2) new text begin (3) new text end may not act as an advocate for any party or act partially to any party to 25.21an action; and 25.22(3) new text begin (4) new text end shall comply with all state and federal court rules that govern the activities 25.23of court reporters. 25.24(c) An attorney shall state the reason for the objection to the provision of court 25.25reporting services by a freelance court reporter or court reporting firm and shall note 25.26the objection and the reason on the record. 25.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2015, and applies to legal new text end 25.28 new text begin proceedings commencing on or after that date. new text end 25.29    Sec. 10. Minnesota Statutes 2014, section 486.10, subdivision 3, is amended to read: 25.30    Subd. 3. Remedies. new text begin Through objection by a party to the proceedings and new text end upon 25.31the court's or presiding officer's learning new text begin determination new text end of a violation of subdivision 2, 25.32paragraph (a), the court or presiding officer may new text begin : (1) new text end declare that the record for which the 25.33court reporting services were provided is void and may order that the legal proceeding be 26.1reconducted new text begin ; or (2) impose sanctions against the party violating subdivision 2, paragraph new text end 26.2 new text begin (a), including civil contempt of court, costs, and reasonable attorney fees resulting from new text end 26.3 new text begin the violation new text end . new text begin If the legal proceedings are reconducted, the new text end parties who violate new text begin violated new text end 26.4subdivision 2, paragraph (a), are jointly and severally liable for costs associated with 26.5reconducting the legal proceeding and preparing the new record. Costs include, but are not 26.6limited to, attorney, witness, and freelance court reporter appearance and transcript fees. 26.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2015, and applies to legal new text end 26.8 new text begin proceedings commencing on or after that date. new text end 26.9    Sec. 11. Minnesota Statutes 2014, section 549.09, subdivision 1, is amended to read: 26.10    Subdivision 1. When owed; rate. (a) When a judgment or award is for the recovery 26.11of money, including a judgment for the recovery of taxes, interest from the time of the 26.12verdict, award, or report until judgment is finally entered shall be computed by the court 26.13administrator or arbitrator as provided in paragraph (c) and added to the judgment or award. 26.14(b) Except as otherwise provided by contract or allowed by law, preverdict, 26.15preaward, or prereport interest on pecuniary damages shall be computed as provided in 26.16paragraph (c) new text begin , clause (1), regardless of the amount, new text end from the time of the commencement of 26.17the action or a demand for arbitration, or the time of a written notice of claim, whichever 26.18occurs first, except as provided herein. The action must be commenced within two years 26.19of a written notice of claim for interest to begin to accrue from the time of the notice of 26.20claim. If either party serves a written offer of settlement, the other party may serve a 26.21written acceptance or a written counteroffer within 30 days. After that time, interest on the 26.22judgment or award shall be calculated by the judge or arbitrator in the following manner. 26.23The prevailing party shall receive interest on any judgment or award from the time of 26.24commencement of the action or a demand for arbitration, or the time of a written notice 26.25of claim, or as to special damages from the time when special damages were incurred, if 26.26later, until the time of verdict, award, or report only if the amount of its offer is closer to 26.27the judgment or award than the amount of the opposing party's offer. If the amount of 26.28the losing party's offer was closer to the judgment or award than the prevailing party's 26.29offer, the prevailing party shall receive interest only on the amount of the settlement offer 26.30or the judgment or award, whichever is less, and only from the time of commencement 26.31of the action or a demand for arbitration, or the time of a written notice of claim, or as 26.32to special damages from when the special damages were incurred, if later, until the time 26.33the settlement offer was made. Subsequent offers and counteroffers supersede the legal 26.34effect of earlier offers and counteroffers. For the purposes of clause (2), the amount of 26.35settlement offer must be allocated between past and future damages in the same proportion 27.1as determined by the trier of fact. Except as otherwise provided by contract or allowed by 27.2law, preverdict, preaward, or prereport interest shall not be awarded on the following: 27.3(1) judgments, awards, or benefits in workers' compensation cases, but not including 27.4third-party actions; 27.5(2) judgments or awards for future damages; 27.6(3) punitive damages, fines, or other damages that are noncompensatory in nature; 27.7(4) judgments or awards not in excess of the amount specified in section 491A.01; and 27.8(5) that portion of any verdict, award, or report which is founded upon interest, or 27.9costs, disbursements, attorney fees, or other similar items added by the court or arbitrator. 27.10(c)(1) For a judgment or award of $50,000 or less or a judgment or award for 27.11or against the state or a political subdivision of the state, regardless of the amount, the 27.12interest shall be computed as simple interest per annum. The rate of interest shall be based 27.13on the secondary market yield of one year United States Treasury bills, calculated on a 27.14bank discount basis as provided in this section. 27.15On or before the 20th day of December of each year the state court administrator 27.16shall determine the rate from the one-year constant maturity treasury yield for the most 27.17recent calendar month, reported on a monthly basis in the latest statistical release of the 27.18board of governors of the Federal Reserve System. This yield, rounded to the nearest one 27.19percent, or four percent, whichever is greater, shall be the annual interest rate during the 27.20succeeding calendar year. The state court administrator shall communicate the interest 27.21rates to the court administrators and sheriffs for use in computing the interest on verdicts 27.22and shall make the interest rates available to arbitrators. 27.23This clause applies to any section that references section 549.09 by citation for the 27.24purposes of computing an interest rate on any amount owed to or by the state or a political 27.25subdivision of the state, regardless of the amount. 27.26(2) For a judgment or award over $50,000, other than a judgment or award for or 27.27against the state or a political subdivision of the state, the interest rate shall be ten percent 27.28per year until paid. 27.29(3) When a judgment creditor, or the judgment creditor's attorney or agent, has 27.30received a payment after entry of judgment, whether the payment is made voluntarily by 27.31or on behalf of the judgment debtor, or is collected by legal process other than execution 27.32levy where a proper return has been filed with the court administrator, the judgment 27.33creditor, or the judgment creditor's attorney, before applying to the court administrator 27.34for an execution shall file with the court administrator an affidavit of partial satisfaction. 27.35The affidavit must state the dates and amounts of payments made upon the judgment after 27.36the most recent affidavit of partial satisfaction filed, if any; the part of each payment that 28.1is applied to taxable disbursements and to accrued interest and to the unpaid principal 28.2balance of the judgment; and the accrued, but the unpaid interest owing, if any, after 28.3application of each payment. 28.4(d) This section does not apply to arbitrations between employers and employees 28.5under chapter 179 or 179A. An arbitrator is neither required to nor prohibited from 28.6awarding interest under chapter 179 or under section 179A.16 for essential employees. 28.7(e) For purposes of this subdivision: 28.8(1) "state" includes a department, board, agency, commission, court, or other entity 28.9in the executive, legislative, or judicial branch of the state; and 28.10(2) "political subdivision" includes a town, statutory or home rule charter city, 28.11county, school district, or any other political subdivision of the state. 28.12 new text begin (f) This section does not apply to a judgment or award upon which interest is entitled new text end 28.13 new text begin to be recovered under section 60A.0811. new text end 28.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2015, and applies to new text end 28.15 new text begin judgments and awards entered on or after that date. new text end 28.16ARTICLE 3 28.17PUBLIC SAFETY 28.18    Section 1. Minnesota Statutes 2014, section 5B.11, is amended to read: 28.195B.11 LEGAL PROCEEDINGS; PROTECTIVE ORDER. 28.20If a program participant is involved in a legal proceeding as a party or witness, new text begin If a new text end 28.21 new text begin program participant's address is protected under section 5B.05, no person or entity shall new text end 28.22 new text begin be compelled to disclose the participant's actual address during the discovery phase of or new text end 28.23 new text begin during a proceeding before a court or other tribunal unless the court or tribunal finds that: new text end 28.24 new text begin (1) there is a reasonable belief that the address is needed to obtain information or new text end 28.25 new text begin evidence without which the investigation, prosecution, or litigation cannot proceed; and new text end 28.26 new text begin (2) there is no other practicable way of obtaining the information or evidence. new text end 28.27 new text begin The court must provide the program participant with notice that address disclosure new text end 28.28 new text begin is sought and an opportunity to present evidence regarding the potential harm to the new text end 28.29 new text begin safety of the program participant if the address is disclosed. In determining whether to new text end 28.30 new text begin compel disclosure, the court must consider whether the potential harm to the safety of the new text end 28.31 new text begin participant is outweighed by the interest in disclosure. In a criminal proceeding, the court new text end 28.32 new text begin must order disclosure of a program participant's address if protecting the address would new text end 28.33 new text begin violate a defendant's constitutional right to confront a witness. new text end 29.1 new text begin Disclosure of a participant's actual address under this section shall be limited under new text end 29.2 new text begin the terms of the order to ensure that the disclosure and dissemination of the actual address new text end 29.3 new text begin will be no wider than necessary for the purposes of the investigation, prosecution, or new text end 29.4 new text begin litigation. new text end 29.5 new text begin Nothing in this section prevents new text end the court or other tribunal may issue new text begin from issuing new text end a 29.6protective order to prevent disclosure of information new text begin other than the participant's actual new text end 29.7 new text begin address new text end that could reasonably lead to the discovery of the program participant's location. 29.8    Sec. 2. Minnesota Statutes 2014, section 13.03, subdivision 6, is amended to read: 29.9    Subd. 6. Discoverability of not public data. If a government entity opposes 29.10discovery of government data or release of data pursuant to court order on the grounds 29.11that the data are classified as not public, the party that seeks access to the data may bring 29.12before the appropriate presiding judicial officer, arbitrator, or administrative law judge an 29.13action to compel discovery or an action in the nature of an action to compel discovery. 29.14The presiding officer shall first decide whether the data are discoverable or releasable 29.15pursuant to the rules of evidence and of criminal, civil, or administrative procedure 29.16appropriate to the action. 29.17If the data are discoverable the presiding officer shall decide whether the benefit to 29.18the party seeking access to the data outweighs any harm to the confidentiality interests 29.19of the entity maintaining the data, or of any person who has provided the data or who 29.20is the subject of the data, or to the privacy interest of an individual identified in the 29.21data. In making the decision, the presiding officer shall consider whether notice to the 29.22subject of the data is warranted and, if warranted, what type of notice must be given. The 29.23presiding officer may fashion and issue any protective orders necessary to assure proper 29.24handling of the data by the parties. If the data are a videotape of a child victim or alleged 29.25victim alleging, explaining, denying, or describing an act of physical or sexual abuse, 29.26the presiding officer shall consider the provisions of section 611A.90, subdivision 2, 29.27paragraph (b). new text begin If the data are data subject to the protections under chapter 5B or section new text end 29.28 new text begin 13.045, the presiding officer shall consider the provisions of section 5B.11. new text end 29.29    Sec. 3. Minnesota Statutes 2014, section 97B.031, subdivision 4, is amended to read: 29.30    Subd. 4. Silencers prohibited new text begin Suppressors new text end . Except as provided in section 609.66, 29.31subdivision 1h , a person may not own or possess a silencer for a firearm or a firearm 29.32equipped to have a silencer attached. new text begin Nothing in this section prohibits the lawful use of a new text end 29.33 new text begin suppressor or the possession of a firearm equipped to have a suppressor attached, as new text end 29.34 new text begin defined in section 609.66, subdivision 1a, paragraph (c), while hunting. new text end 30.1    Sec. 4. Minnesota Statutes 2014, section 168A.1501, subdivision 1, is amended to read: 30.2    Subdivision 1. Definitions. (a) For purposes of this section, the terms defined in 30.3this subdivision have the meanings given. 30.4(b) "Law enforcement agency" or "agency" means a duly authorized municipal, 30.5county, state, or federal law enforcement agency. 30.6(c) "Person" means an individual, partnership, limited partnership, limited liability 30.7company, corporation, or other entity. 30.8(d) "Scrap vehicle" means a motor vehicle purchased primarily as scrap, for its reuse 30.9or recycling value as raw metal, or for dismantling for parts. 30.10(e) "Scrap vehicle operator" or "operator" means the following persons who engage 30.11in a transaction involving the purchase or acquisition of a scrap vehicle: scrap metal 30.12processors licensed under section 168.27, subdivision 1a, paragraph (c); used vehicle parts 30.13dealers licensed under section 168.27, subdivision 1a, paragraph (d); scrap metal dealers 30.14under section 325E.21; and junk yards under section 471.925. 30.15(f) "Interchange file specification format" means the most recent version of the 30.16Minneapolis automated property system interchange file specification format. 30.17(g) "Motor vehicle" has the meaning given in section 169.011, subdivision 42. 30.18(h) new text begin (g) new text end "Proof of identification" means a driver's license, Minnesota identification 30.19card number, or other identification document issued for identification purposes by any 30.20state, federal, or foreign government if the document includes the person's photograph, 30.21full name, birth date, and signature. 30.22(i) new text begin (h) new text end "Seller" means any seller, prospective seller, or agent of the seller. 30.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 30.24    Sec. 5. Minnesota Statutes 2014, section 168A.1501, subdivision 6, is amended to read: 30.25    Subd. 6. Additional reporting. In addition to the requirements under subdivision 30.265 if applicable, The following entities must submit information on the purchase or 30.27acquisition of a scrap vehicle to the National Motor Vehicle Title Information System, 30.28established pursuant to United States Code, title 49, section 30502, by the close of 30.29business the following day: 30.30(1) an operator who is not licensed under section 168.27; and 30.31(2) an operator who purchases a scrap vehicle under subdivision 9. 30.32 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 30.33    Sec. 6. Minnesota Statutes 2014, section 299A.73, subdivision 2, is amended to read: 31.1    Subd. 2. Applications. Applications for a grant-in-aid shall be made by the 31.2administering agency to the commissioner. 31.3The grant-in-aid is contingent upon the agency having obtained from the community 31.4in which the youth intervention program is established local matching money two times 31.5 new text begin equal to new text end the amount of the grant that is sought. The matching requirement is intended to 31.6leverage the investment of state and community dollars in supporting the efforts of the 31.7grantees to provide early intervention services to youth and their families. 31.8The commissioner shall provide the application form, procedures for making 31.9application form, criteria for review of the application, and kinds of contributions in 31.10addition to cash that qualify as local matching money. No grant to any agency may 31.11exceed $50,000 new text begin $75,000 new text end . 31.12    Sec. 7. Minnesota Statutes 2014, section 299C.35, is amended to read: 31.13299C.35 BUREAU TO BROADCAST CRIMINAL INFORMATION. 31.14It shall be the duty of the bureau to broadcast all police dispatches and reports 31.15submitted which, in the opinion of the superintendent, shall have a reasonable relation 31.16to or connection with the apprehension of criminals, the prevention of crime, and the 31.17maintenance of peace and order throughout the state. Every sheriff, peace officer, or 31.18other person employing a radio receiving set under the provisions of sections 299C.30 31.19to shall make report new text begin reports new text end to the bureau at such times and containing such 31.20information as the superintendent shall direct. 31.21    Sec. 8. Minnesota Statutes 2014, section 299C.38, is amended to read: 31.22299C.38 PRIORITY OF POLICE COMMUNICATIONS; MISDEMEANOR. 31.23Any telegraph or telephone operator who shall fail to give priority to police 31.24messages or calls as provided in sections to , and Any person who 31.25willfully makes any false, misleading, or unfounded report to any broadcasting station 31.26established thereunder new text begin public safety answering point new text end for the purpose of interfering with 31.27the operation thereof, or with the intention of misleading any officer of this state, shall be 31.28guilty of a misdemeanor. 31.29    Sec. 9. Minnesota Statutes 2014, section 299C.46, subdivision 2, is amended to read: 31.30    Subd. 2. Criminal justice agency defined. For the purposes of sections 299C.46 31.31to new text begin and 299C.48 new text end , "criminal justice agency" means an agency of the state or a 31.32political subdivision or the federal government charged with detection, enforcement, 31.33prosecution, adjudication or incarceration in respect to the criminal or traffic laws of this 32.1state. This definition also includes all sites identified and licensed as a detention facility 32.2by the commissioner of corrections under section 241.021 and those federal agencies that 32.3serve part or all of the state from an office located outside the state. 32.4    Sec. 10. Minnesota Statutes 2014, section 299C.46, subdivision 2a, is amended to read: 32.5    Subd. 2a. Noncriminal justice agency defined. For the purposes of sections 32.6299C.46 to new text begin and 299C.48 new text end , "noncriminal justice agency" means an agency of the 32.7state or a political subdivision of the state charged with the responsibility of performing 32.8checks of state databases connected to the criminal justice data communications network. 32.9    Sec. 11. new text begin [299C.563] LIFESAVER GRANT PROGRAM. new text end 32.10     new text begin Subdivision 1. new text end new text begin Grant program. new text end new text begin The commissioner of public safety shall establish new text end 32.11 new text begin a lifesaver grant program to assist local law enforcement agencies with the costs of new text end 32.12 new text begin developing lifesaver rapid response programs designed to quickly find individuals with new text end 32.13 new text begin medical conditions that cause wandering and result in many of these individuals becoming new text end 32.14 new text begin lost and missing. The search and rescue program must electronically track a lost or new text end 32.15 new text begin missing vulnerable senior citizen or an individual who is mentally impaired due to autism, new text end 32.16 new text begin Down Syndrome, Alzheimer's disease, or other mental impairment that causes wandering. new text end 32.17 new text begin The lifesaver program participant wears a small transmitter on the wrist to allow the local new text end 32.18 new text begin law enforcement agency to electronically locate the participant, if necessary, using a radio new text end 32.19 new text begin receiver. Grants may be awarded to new and existing programs. The commissioner shall new text end 32.20 new text begin administer and promote the grant program throughout the state and serve as liaison to new text end 32.21 new text begin lifesaver programs. new text end 32.22     new text begin Subd. 2. new text end new text begin Application; eligibility. new text end new text begin A county law enforcement agency or two or new text end 32.23 new text begin more county, or county and city law enforcement agencies may apply for a grant to new text end 32.24 new text begin the commissioner of public safety for a grant in a form and manner established by the new text end 32.25 new text begin commissioner. The application must include: new text end 32.26 new text begin (1) an estimate of the number of people who might qualify for lifesaver assistance; new text end 32.27 new text begin (2) an estimate of the start-up cost for new programs or expansion costs for existing new text end 32.28 new text begin programs; new text end 32.29 new text begin (3) a statement of the number of personnel available for tracking lost persons; new text end 32.30 new text begin (4) a statement of available local funding sources; and new text end 32.31 new text begin (5) other information requested by the commissioner. new text end 32.32     new text begin Subd. 3. new text end new text begin Grant awards. new text end new text begin To the extent funds are available, the commissioner may new text end 32.33 new text begin award, on a first-come, first-served basis, grants of up to $4,000 to eligible applicants new text end 32.34 new text begin to develop a new lifesaver program and up to $2,000 to eligible applicants to expand new text end 33.1 new text begin an existing program. Recipients developing a new lifesaver program shall be given new text end 33.2 new text begin priority over recipients expanding an existing program. Grant recipients must be located new text end 33.3 new text begin throughout the state to the extent feasible and consistent with this section. new text end 33.4     new text begin Subd. 4. new text end new text begin Uses of grant award. new text end new text begin (a) A grant recipient may use an award only for new text end 33.5 new text begin the following: new text end 33.6 new text begin (1) to purchase emergency response kits, which shall include, at a minimum, new text end 33.7 new text begin equipment necessary to track and triangulate searches, transmitters, receivers, or any new text end 33.8 new text begin other related equipment; and new text end 33.9 new text begin (2) to train search personnel. new text end 33.10 new text begin (b) A grant recipient shall manage and provide for the operating costs of the lifesaver new text end 33.11 new text begin program after its initial development or expansion based on whether the grant is to new text end 33.12 new text begin develop a new program or expand an existing program. new text end 33.13     new text begin Subd. 5. new text end new text begin Report by local agencies. new text end new text begin A grant recipient shall file a report with the new text end 33.14 new text begin commissioner itemizing the expenditures made to develop or expand its lifesaver program new text end 33.15 new text begin and how the recipient will provide for continued operating costs of the program. new text end 33.16    Sec. 12. Minnesota Statutes 2014, section 325E.21, subdivision 1, is amended to read: 33.17    Subdivision 1. Definitions. (a) For purposes of this section, the terms defined in 33.18this subdivision have the meanings given. 33.19    (b) "Law enforcement agency" or "agency" means a duly authorized municipal, 33.20county, state, or federal law enforcement agency. 33.21    (c) "Person" means an individual, partnership, limited partnership, limited liability 33.22company, corporation, or other entity. 33.23    (d) "Scrap metal" means: 33.24    (1) wire and cable commonly and customarily used by communication and electric 33.25utilities; and 33.26    (2) copper, aluminum, or any other metal purchased primarily for its reuse or 33.27recycling value as raw metal, including metal that is combined with other materials at the 33.28time of purchase, but does not include a scrap vehicle as defined in section 168A.1501, 33.29subdivision 1. 33.30    (e) "Scrap metal dealer" or "dealer" means a person engaged in the business of 33.31buying or selling scrap metal, or both. 33.32The terms do not include a person engaged exclusively in the business of buying or selling 33.33new or used motor vehicles, paper or wood products, rags or furniture, or secondhand 33.34machinery. 34.1(f) "Interchange file specification format" means the most recent version of the 34.2Minneapolis automated property system interchange file specification format. 34.3    (g) "Seller" means any seller, prospective seller, or agent of the seller. 34.4    (h) new text begin (g) new text end "Proof of identification" means a driver's license, Minnesota identification 34.5card number, or other identification document issued for identification purposes by any 34.6state, federal, or foreign government if the document includes the person's photograph, 34.7full name, birth date, and signature. 34.8 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 34.9    Sec. 13. Minnesota Statutes 2014, section 325E.21, subdivision 2, is amended to read: 34.10    Subd. 2. Retention required. Records required to be maintained by subdivision 1a 34.11 new text begin or 1b new text end shall be retained by the scrap metal dealer for a period of three years. 34.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 34.13    Sec. 14. Minnesota Statutes 2014, section 352B.011, subdivision 10, is amended to read: 34.14    Subd. 10. Member. "Member" means: 34.15(1) a State Patrol member currently employed under section 299D.03 by the state, 34.16who is a peace officer under section 626.84, and whose salary or compensation is paid 34.17out of state funds; 34.18(2) a conservation officer employed under section 97A.201, currently employed by 34.19the state, whose salary or compensation is paid out of state funds; 34.20(3) a crime bureau officer who was employed by the crime bureau and was a member 34.21of the Highway Patrolmen's retirement fund on July 1, 1978, whether or not that person 34.22has the power of arrest by warrant after that date, or who is employed as police personnel, 34.23with powers of arrest by warrant under new text begin Minnesota Statutes 2009, new text end section 299C.04, and 34.24who is currently employed by the state, and whose salary or compensation is paid out 34.25of state funds; 34.26(4) a person who is employed by the state in the Department of Public Safety in a 34.27data processing management position with salary or compensation paid from state funds, 34.28who was a crime bureau officer covered by the State Patrol retirement plan on August 34.2915, 1987, and who was initially hired in the data processing management position within 34.30the department during September 1987, or January 1988, with membership continuing 34.31for the duration of the person's employment in that position, whether or not the person 34.32has the power of arrest by warrant after August 15, 1987; 35.1(5) a public safety employee who is a peace officer under section 626.84, subdivision 35.21 , paragraph (c), and who is employed by the Division of Alcohol and Gambling 35.3Enforcement under section 299L.01; 35.4(6) a Fugitive Apprehension Unit officer after October 31, 2000, who is employed 35.5by the Office of Special Investigations of the Department of Corrections and who is a 35.6peace officer under section 626.84; 35.7(7) an employee of the Department of Commerce defined as a peace officer in section 35.8626.84, subdivision 1 , paragraph (c), who is employed by the Commerce Fraud Bureau 35.9under section 45.0135 after January 1, 2005, and who has not attained the mandatory 35.10retirement age specified in section 43A.34, subdivision 4; and 35.11(8) an employee of the Department of Public Safety, who is a licensed peace officer 35.12under section 626.84, subdivision 1, paragraph (c), and is employed as the statewide 35.13coordinator of the Violent Crime Coordinating Council. 35.14    Sec. 15. Minnesota Statutes 2014, section 609.66, subdivision 1a, is amended to read: 35.15    Subd. 1a. Felony crimes; silencers prohibited new text begin suppressors new text end ; reckless discharge. 35.16    (a) Except as otherwise provided in subdivision 1h, Whoever does any of the following is 35.17guilty of a felony and may be sentenced as provided in paragraph (b): 35.18    (1) sells or has in possession any device designed to silence or muffle the discharge 35.19of a firearm new text begin a suppressor that is not lawfully possessed under federal law new text end ; 35.20    (2) intentionally discharges a firearm under circumstances that endanger the safety 35.21of another; or 35.22    (3) recklessly discharges a firearm within a municipality. 35.23    (b) A person convicted under paragraph (a) may be sentenced as follows: 35.24    (1) if the act was a violation of paragraph (a), clause (2), or if the act was a violation 35.25of paragraph (a), clause (1) or (3), and was committed in a public housing zone, as defined 35.26in section 152.01, subdivision 19, a school zone, as defined in section 152.01, subdivision 35.2714a , or a park zone, as defined in section 152.01, subdivision 12a, to imprisonment for not 35.28more than five years or to payment of a fine of not more than $10,000, or both; or 35.29    (2) otherwise, to imprisonment for not more than two years or to payment of a fine 35.30of not more than $5,000, or both. 35.31     new text begin (c) As used in this subdivision, "suppressor" means any device for silencing, new text end 35.32 new text begin muffling, or diminishing the report of a portable firearm, including any combination of new text end 35.33 new text begin parts, designed or redesigned, and intended for use in assembling or fabricating a firearm new text end 35.34 new text begin silencer or firearm muffler, and any part intended only for use in the assembly or fabrication. new text end 36.1    Sec. 16. Minnesota Statutes 2014, section 609.66, subdivision 1g, is amended to read: 36.2    Subd. 1g. Felony; possession in courthouse or certain state buildings. (a) 36.3A person who commits either of the following acts is guilty of a felony and may be 36.4sentenced to imprisonment for not more than five years or to payment of a fine of not 36.5more than $10,000, or both: 36.6(1) possesses a dangerous weapon, ammunition, or explosives within any courthouse 36.7complex; or 36.8(2) possesses a dangerous weapon, ammunition, or explosives in any state building 36.9within the Capitol Area described in chapter 15B, other than the National Guard Armory. 36.10(b) Unless a person is otherwise prohibited or restricted by other law to possess a 36.11dangerous weapon, this subdivision does not apply to: 36.12(1) licensed peace officers or military personnel who are performing official duties; 36.13(2) persons who carry pistols according to the terms of a permit issued under section 36.14624.714 and who so notify the sheriff or the commissioner of public safety, as appropriate; 36.15(3) persons who possess dangerous weapons for the purpose of display as 36.16demonstrative evidence during testimony at a trial or hearing or exhibition in compliance 36.17with advance notice and safety guidelines set by the sheriff or the commissioner of public 36.18safety; or 36.19(4) persons who possess dangerous weapons in a courthouse complex with the 36.20express consent of the county sheriff or who possess dangerous weapons in a state building 36.21with the express consent of the commissioner of public safety. 36.22 new text begin (c) For purposes of this subdivision, the issuance of a permit to carry under section new text end 36.23 new text begin 624.714 constitutes notification of the commissioner of public safety as required under new text end 36.24 new text begin paragraph (b), clause (2). new text end 36.25    Sec. 17. Minnesota Statutes 2014, section 609.66, is amended by adding a subdivision 36.26to read: 36.27     new text begin Subd. 1i. new text end new text begin Chief law enforcement officer certification; certain firearms. new text end new text begin (a) As new text end 36.28 new text begin used in this subdivision: new text end 36.29     new text begin (1) "chief law enforcement officer" means any official or designee; the Bureau new text end 36.30 new text begin of Alcohol, Tobacco, Firearms and Explosives; or any successor agency, identified by new text end 36.31 new text begin regulation or otherwise as eligible to provide any required certification for the making new text end 36.32 new text begin or transfer of a firearm; new text end 36.33     new text begin (2) "certification" means the participation and assent of the chief law enforcement new text end 36.34 new text begin officer necessary under federal law for the approval of the application to transfer or make new text end 36.35 new text begin a firearm; and new text end 37.1     new text begin (3) "firearm" has the meaning given in the National Firearms Act, United States new text end 37.2 new text begin Code, title 26, section 5845(a). new text end 37.3     new text begin (b) If a chief law enforcement officer's certification is required by federal law or new text end 37.4 new text begin regulation for the transfer or making of a firearm, the chief law enforcement officer must, new text end 37.5 new text begin within 15 days of receipt of a request for certification, provide the certification if the new text end 37.6 new text begin applicant is not prohibited by law from receiving or possessing the firearm or is not the new text end 37.7 new text begin subject of a proceeding that could result in the applicant being prohibited by law from new text end 37.8 new text begin receiving or possessing the firearm. If the chief law enforcement officer is unable to make new text end 37.9 new text begin a certification as required by this section, the chief law enforcement officer must provide new text end 37.10 new text begin the applicant a written notification of the denial and the reason for the determination. new text end 37.11     new text begin (c) In making the certification required by paragraph (b), a chief law enforcement new text end 37.12 new text begin officer or designee may require the applicant to provide only the information that is new text end 37.13 new text begin required by federal or state law to identify the applicant and conduct a criminal history new text end 37.14 new text begin background check, including a check of the National Instant Criminal Background new text end 37.15 new text begin Check System, or to determine the disposition of an arrest or proceeding relevant to the new text end 37.16 new text begin applicant's eligibility to lawfully possess or receive a firearm. A person who possesses new text end 37.17 new text begin a valid carry permit is presumed to be qualified to receive certification. A chief law new text end 37.18 new text begin enforcement officer may not require access to or consent for an inspection of any private new text end 37.19 new text begin premises as a condition of making a certification under this section. new text end 37.20     new text begin (d) A chief law enforcement officer is not required to make any certification under new text end 37.21 new text begin this section known to be untrue, but the officer may not refuse to provide certification based new text end 37.22 new text begin on a generalized objection to private persons or entities making, possessing, or receiving new text end 37.23 new text begin firearms or any certain type of firearm, the possession of which is not prohibited by law. new text end 37.24     new text begin (e) Chief law enforcement officers and their employees who act in good faith are new text end 37.25 new text begin immune from liability arising from any act or omission in making a certification as new text end 37.26 new text begin required by this section. new text end 37.27     new text begin (f) An applicant whose request for certification is denied may appeal the chief law new text end 37.28 new text begin enforcement officer's decision to the district court that is located in the city or county in new text end 37.29 new text begin which the applicant resides or maintains an address of record. The court must review the new text end 37.30 new text begin chief law enforcement officer's decision to deny the certification de novo. The court must new text end 37.31 new text begin order the chief law enforcement officer to issue the certification and award court costs and new text end 37.32 new text begin reasonable attorney fees to the applicant, if the court finds that: (1) the applicant is not new text end 37.33 new text begin prohibited by law from receiving or possessing the firearm; (2) the applicant is not the new text end 37.34 new text begin subject of a proceeding that could result in a prohibition; and (3) no substantial evidence new text end 37.35 new text begin supports the chief law enforcement officer's determination that the chief law enforcement new text end 37.36 new text begin officer cannot truthfully make the certification. new text end 38.1    Sec. 18. Minnesota Statutes 2014, section 611A.31, subdivision 1, is amended to read: 38.2    Subdivision 1. Scope. For the purposes of sections 611A.31 to new text begin 611A.35 new text end , 38.3the following terms have the meanings given. 38.4    Sec. 19. Minnesota Statutes 2014, section 611A.33, is amended to read: 38.5611A.33 DUTIES OF COMMISSIONER. 38.6The commissioner shall: 38.7(1) review applications for and award grants to a program pursuant to section 38.8611A.32, subdivision 1 ; 38.9(2) appoint a program director to perform the duties set forth in section 611A.35; 38.10(3) design and implement a uniform method of collecting data on domestic abuse 38.11victims to be used to evaluate the programs funded under section 611A.32; 38.12(4) provide technical aid to applicants in the development of grant requests and 38.13provide technical aid to programs in meeting the data collection requirements established 38.14by the commissioner; and 38.15(5) adopt, under chapter 14, all rules necessary to implement the provisions of 38.16sections 611A.31 to new text begin 611A.35 new text end . 38.17    Sec. 20. Minnesota Statutes 2014, section 611A.35, is amended to read: 38.18611A.35 DOMESTIC ABUSE PROGRAM DIRECTOR. 38.19The commissioner shall appoint a program director. The program director shall 38.20administer the funds appropriated for sections 611A.31 to new text begin 611A.35 new text end and perform 38.21other duties related to battered women's and domestic abuse programs as the commissioner 38.22may assign. The program director shall serve at the pleasure of the commissioner in 38.23the unclassified service. 38.24    Sec. 21. Minnesota Statutes 2014, section 624.71, is amended to read: 38.25624.71 GUN CONTROL; APPLICATION OF FEDERAL LAW. 38.26    Subdivision 1. Application. Notwithstanding any other law to the contrary, it shall 38.27be lawful for any federally licensed importer, manufacturer, dealer, or collector to sell and 38.28deliver firearms and ammunition to a resident of a contiguous new text begin any new text end state in any instance 38.29where such sale and delivery is lawful under the federal Gun Control Act of 1968 (Public 38.30Law 90-618). 38.31    Subd. 2. Contiguous new text begin Other new text end state purchases. Notwithstanding any other law 38.32to the contrary, it shall be lawful for a resident of Minnesota to purchase firearms and 39.1ammunition in a contiguous new text begin any new text end state in any instance where such sale and delivery is 39.2lawful under the federal Gun Control Act of 1968 (Public Law 90-618). 39.3    Sec. 22. Minnesota Statutes 2014, section 624.714, subdivision 16, is amended to read: 39.4    Subd. 16. Recognition of permits from other states. (a) The commissioner must 39.5annually establish and publish a list of other states that have laws governing the issuance 39.6of permits to carry weapons that are not substantially similar to this section. The list 39.7must be available on the Internet. A person holding a carry permit from a state not on 39.8the list may use the license or permit in this state subject to the rights, privileges, and 39.9requirements of this section. 39.10(b) Notwithstanding paragraph (a), no license or permit from another state is valid in 39.11this state if the holder is or becomes prohibited by law from possessing a firearm. 39.12(c) Any sheriff or police chief may file a petition under subdivision 12 seeking an 39.13order suspending or revoking an out-of-state permit holder's authority to carry a pistol in 39.14this state on the grounds set forth in subdivision 6, paragraph (a), clause (3). An order shall 39.15only be issued if the petitioner meets the burden of proof and criteria set forth in subdivision 39.1612. If the court denies the petition, the court must award the permit holder reasonable 39.17costs and expenses including attorney fees. The petition may be filed in any county in the 39.18state where a person holding a license or permit from another state can be found. 39.19(d) The commissioner must, when necessary, execute reciprocity agreements 39.20regarding carry permits with jurisdictions whose carry permits are recognized under 39.21paragraph (a). 39.22    Sec. 23. new text begin [624.7192] AUTHORITY TO SEIZE AND CONFISCATE FIREARMS. new text end 39.23     new text begin (a) This section applies only during the effective period of a state of emergency new text end 39.24 new text begin proclaimed by the governor relating to a public disorder or disaster. new text end 39.25 new text begin (b) A peace officer who is acting in the lawful discharge of the officer's official duties new text end 39.26 new text begin without a warrant may disarm a lawfully detained individual only temporarily and only if new text end 39.27 new text begin the officer reasonably believes it is immediately necessary for the protection of the officer new text end 39.28 new text begin or another individual. Before releasing the individual, the peace officer must return to the new text end 39.29 new text begin individual any seized firearms and ammunition, and components thereof, any firearms new text end 39.30 new text begin accessories and ammunition reloading equipment and supplies, and any other personal new text end 39.31 new text begin weapons taken from the individual, unless the officer: (1) takes the individual into new text end 39.32 new text begin physical custody for engaging in criminal activity or for observation pursuant to section new text end 39.33 new text begin 253B.05, subdivision 2; or (2) seizes the items as evidence pursuant to an investigation for new text end 39.34 new text begin the commission of the crime for which the individual was arrested. new text end 40.1 new text begin (c) Notwithstanding any other law to the contrary, no governmental unit, government new text end 40.2 new text begin official, government employee, peace officer, or other person or body acting under new text end 40.3 new text begin governmental authority or color of law may undertake any of the following actions with new text end 40.4 new text begin regard to any firearms and ammunition, and components thereof; any firearms accessories new text end 40.5 new text begin and ammunition reloading equipment and supplies; and any other personal weapons: new text end 40.6 new text begin (1) prohibit, regulate, or curtail the otherwise lawful possession, carrying, new text end 40.7 new text begin transportation, transfer, defensive use, or other lawful use of any of these items; new text end 40.8 new text begin (2) seize, commandeer, or confiscate any of these items in any manner, except as new text end 40.9 new text begin expressly authorized in paragraph (b); new text end 40.10 new text begin (3) suspend or revoke a valid permit issued pursuant to section 624.7131 or 624.714, new text end 40.11 new text begin except as expressly authorized in those sections; or new text end 40.12 new text begin (4) close or limit the operating hours of businesses that lawfully sell or service any new text end 40.13 new text begin of these items, unless such closing or limitation of hours applies equally to all forms new text end 40.14 new text begin of commerce. new text end 40.15 new text begin (d) No provision of law relating to a public disorder or disaster emergency new text end 40.16 new text begin proclamation by the governor or any other governmental or quasi-governmental official, new text end 40.17 new text begin including but not limited to emergency management powers pursuant to chapters 9 new text end 40.18 new text begin and 12, shall be construed as authorizing the governor or any other governmental or new text end 40.19 new text begin quasi-governmental official of this state or any of its political subdivisions acting at new text end 40.20 new text begin the direction of the governor or another official to act in violation of this paragraph new text end 40.21 new text begin or paragraphs (b) and (c). new text end 40.22 new text begin (e)(1) An individual aggrieved by a violation of this section may seek relief in an new text end 40.23 new text begin action at law or in equity or in any other proper proceeding for damages, injunctive relief, new text end 40.24 new text begin or other appropriate redress against a person who commits or causes the commission of new text end 40.25 new text begin this violation. Venue must be in the district court having jurisdiction over the county in new text end 40.26 new text begin which the aggrieved individual resides or in which the violation occurred. new text end 40.27 new text begin (2) In addition to any other remedy available at law or in equity, an individual new text end 40.28 new text begin aggrieved by the seizure or confiscation of an item listed in paragraph (c) in violation of new text end 40.29 new text begin this section may make application for the immediate return of the items to the office of the new text end 40.30 new text begin clerk of court for the county in which the items were seized and, except as provided in new text end 40.31 new text begin paragraph (b), the court must order the immediate return of the items by the seizing or new text end 40.32 new text begin confiscating governmental office and that office's employed officials. new text end 40.33 new text begin (3) In an action or proceeding to enforce this section, the court must award the new text end 40.34 new text begin prevailing plaintiff reasonable court costs and expenses, including attorney fees. new text end 40.35 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2015. new text end 41.1    Sec. 24. new text begin [626.96] BLUE ALERT SYSTEM. new text end 41.2     new text begin Subdivision 1. new text end new text begin Establishment. new text end new text begin The commissioner of public safety shall establish a new text end 41.3 new text begin Blue Alert system to aid in the identification, location, and apprehension of an individual new text end 41.4 new text begin or individuals suspected of killing or seriously wounding a local, state, or federal law new text end 41.5 new text begin enforcement officer. The commissioner shall coordinate with local law enforcement new text end 41.6 new text begin agencies and public and commercial television and radio broadcasters to provide an new text end 41.7 new text begin effective alert system. new text end 41.8     new text begin Subd. 2. new text end new text begin Criteria and procedures. new text end new text begin The commissioner, in consultation with new text end 41.9 new text begin the Board of Peace Officer Standards and Training, the Minnesota Police and Peace new text end 41.10 new text begin Officers Association, the Minnesota Chiefs of Police Association, the Minnesota Sheriffs new text end 41.11 new text begin Association, the Minnesota Chapter of the National Emergency Number Association, the new text end 41.12 new text begin Minnesota Chapter of the Association of Public Safety Communications Officials, and new text end 41.13 new text begin the commissioner of transportation, shall develop criteria and procedures for the Blue new text end 41.14 new text begin Alert system. By October 1, 2015, the commissioner shall adopt criteria and procedures new text end 41.15 new text begin for the Blue Alert system. new text end 41.16     new text begin Subd. 3. new text end new text begin Oversight. new text end new text begin The commissioner shall regularly review the function of the new text end 41.17 new text begin Blue Alert system and revise its criteria and procedures to provide for efficient and new text end 41.18 new text begin effective public notification. new text end 41.19     new text begin Subd. 4. new text end new text begin Scope. new text end new text begin The Blue Alert system shall include all state and local agencies new text end 41.20 new text begin capable of providing urgent and timely information to the public, together with new text end 41.21 new text begin broadcasters and other private entities that volunteer to participate in the dissemination of new text end 41.22 new text begin urgent public information. new text end 41.23     new text begin Subd. 5. new text end new text begin Additional notice. new text end new text begin The commissioner may notify authorities and entities new text end 41.24 new text begin outside of the state upon verification that the criteria established under this section have new text end 41.25 new text begin been met. new text end 41.26     new text begin Subd. 6. new text end new text begin False reports. new text end new text begin A person who knowingly makes a false report that triggers new text end 41.27 new text begin an alert under this section is guilty of a misdemeanor. new text end 41.28     new text begin Subd. 7. new text end new text begin Definitions. new text end new text begin For the purposes of this section, "law enforcement officer" new text end 41.29 new text begin means any public servant having both the power and duty to make arrests for violations new text end 41.30 new text begin of the laws of the state, and federal public servants authorized to carry firearms and to new text end 41.31 new text begin make arrests for violations of the laws of the United States. new text end 41.32    Sec. 25. new text begin STATEWIDE ACCOUNTING OF UNTESTED RAPE KITS. new text end 41.33 new text begin (a) As used in this section, the following terms have the meanings provided: new text end 41.34 new text begin (1) "bureau" means the state Bureau of Criminal Apprehension; new text end 42.1 new text begin (2) "forensic laboratory" has the meaning provided in Minnesota Statutes, section new text end 42.2 new text begin 299C.157, subdivision 1, clause (2); new text end 42.3 new text begin (3) "rape kit" means a sexual assault examination kit; new text end 42.4 new text begin (4) "superintendent" means the superintendent of the bureau; new text end 42.5 new text begin (5) "untested rape kit" means a rape kit that has not been submitted to the bureau for new text end 42.6 new text begin DNA analysis but has been cleared for testing through the written consent of the victim; and new text end 42.7 new text begin (6) "victim" has the meaning provided in Minnesota Statutes, section 611A.01, new text end 42.8 new text begin paragraph (b). new text end 42.9 new text begin (b) By August 1, 2015, the director of the bureau's forensic science division, each new text end 42.10 new text begin executive director of a publicly funded forensic laboratory that tests rape kits, and each new text end 42.11 new text begin sheriff and chief of police must prepare and submit a written report to the superintendent new text end 42.12 new text begin that identifies the number of untested rape kits in the possession of the official's agency new text end 42.13 new text begin or department. The report must be in a form prescribed by the superintendent. At a new text end 42.14 new text begin minimum, each untested rape kit must be identified in the report by the date the evidence new text end 42.15 new text begin was collected and reasons why each untested rape kit was not tested. This report applies new text end 42.16 new text begin only to untested rape kits collected prior to July 1, 2015. new text end 42.17 new text begin (c) By December 1, 2015, the superintendent must submit a report to the majority new text end 42.18 new text begin leader of the senate, the speaker of the house, and the Office of the Attorney General new text end 42.19 new text begin identifying, by agency and date collected, each untested rape kit disclosed in the reports new text end 42.20 new text begin required by paragraph (b). The report must also provide a detailed plan to resolve any new text end 42.21 new text begin backlog of untested rape kits held by the bureau and other agencies or departments. new text end 42.22 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 42.23    Sec. 26. new text begin REPEALER. new text end 42.24 new text begin (a) new text end new text begin Minnesota Statutes 2014, sections 168A.1501, subdivisions 5 and 5a; 299C.36; new text end 42.25 new text begin and 325E.21, subdivisions 1c and 1d, new text end new text begin are repealed. new text end 42.26 new text begin (b) new text end new text begin Laws 2014, chapter 190, sections 10; and 11, new text end new text begin are repealed. new text end 42.27 new text begin (c) new text end new text begin Minnesota Statutes 2014, section 609.66, subdivision 1h, new text end new text begin is repealed. new text end 42.28 new text begin EFFECTIVE DATE. new text end new text begin Paragraphs (a) and (b) are effective the day following final new text end 42.29 new text begin enactment. Paragraph (c) is effective August 1, 2015. new text end 42.30ARTICLE 4 42.31FIREFIGHTERS 42.32    Section 1. Minnesota Statutes 2014, section 181.06, subdivision 2, is amended to read: 43.1    Subd. 2. Payroll deductions. A written contract may be entered into between 43.2an employer and an employee wherein the employee authorizes the employer to make 43.3payroll deductions for the purpose of paying union dues, premiums of any life insurance, 43.4hospitalization and surgical insurance, group accident and health insurance, group term 43.5life insurance, group annuities or contributions to credit unions or a community chest 43.6fund, a local arts council, a local science council or a local arts and science council, or 43.7Minnesota benefit association, a federally or state registered political action committee, 43.8 new text begin membership dues of a relief association governed by sections 424A.091 to 424A.096 or new text end 43.9 new text begin Laws 2013, chapter 111, article 5, sections 31 to 42, new text end or participation in any employee 43.10stock purchase plan or savings plan for periods longer than 60 days, including gopher state 43.11bonds established under section 16A.645. 43.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2015. new text end 43.13    Sec. 2. Minnesota Statutes 2014, section 181.101, is amended to read: 43.14181.101 WAGES; HOW OFTEN PAID. 43.15 new text begin (a) Except as provided in paragraph (b), new text end every employer must pay all wages earned 43.16by an employee at least once every 31 days on a regular payday designated in advance by 43.17the employer regardless of whether the employee requests payment at longer intervals. 43.18Unless paid earlier, the wages earned during the first half of the first 31-day pay period 43.19become due on the first regular payday following the first day of work. If wages earned 43.20are not paid, the commissioner of labor and industry or the commissioner's representative 43.21may demand payment on behalf of an employee. If payment is not made within ten days 43.22of demand, the commissioner may charge and collect the wages earned and a penalty 43.23in the amount of the employee's average daily earnings at the rate agreed upon in the 43.24contract of employment, not exceeding 15 days in all, for each day beyond the ten-day 43.25limit following the demand. Money collected by the commissioner must be paid to the 43.26employee concerned. This section does not prevent an employee from prosecuting a 43.27claim for wages. This section does not prevent a school district, other public school 43.28entity, or other school, as defined under section 120A.22, from paying any wages earned 43.29by its employees during a school year on regular paydays in the manner provided by an 43.30applicable contract or collective bargaining agreement, or a personnel policy adopted by 43.31the governing board. For purposes of this section, "employee" includes a person who 43.32performs agricultural labor as defined in section 181.85, subdivision 2. For purposes of 43.33this section, wages are earned on the day an employee works. 44.1 new text begin (b) An employer of a volunteer firefighter, as defined in section 424A.001, new text end 44.2 new text begin subdivision 10, a member of an organized first responder squad that is formally recognized new text end 44.3 new text begin by a political subdivision in the state, or a volunteer ambulance driver or attendant must new text end 44.4 new text begin pay all wages earned by the volunteer firefighter, first responder, or volunteer ambulance new text end 44.5 new text begin driver or attendant at least once every 31 days, unless the employer and the employee new text end 44.6 new text begin mutually agree upon payment at longer intervals. new text end 44.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 44.8    Sec. 3. Minnesota Statutes 2014, section 299F.012, subdivision 1, is amended to read: 44.9    Subdivision 1. Authorized programs within department. From the revenues 44.10appropriated from the fire safety account, established under section 297I.06, subdivision 44.113, the commissioner of public safety may expend funds for the activities and programs 44.12identified by the advisory committee established under subdivision 2 and recommended to 44.13the commissioner of public safety. The commissioner shall not expend funds without the 44.14recommendation of the advisory committee established under subdivision 2. These funds 44.15are to be used to provide resources needed for identified activities and programs of the 44.16Minnesota fire service and to ensure the State Fire Marshal Division responsibilities are 44.17fulfilled. new text begin Any balance remaining in the account after the first year of the biennium must be new text end 44.18 new text begin appropriated to the commissioner of public safety for the purposes specified in law. new text end 44.19    Sec. 4. Minnesota Statutes 2014, section 299N.02, subdivision 2, is amended to read: 44.20    Subd. 2. Terms; chair; compensation. Members of the board shall serve for terms 44.21of four years and annually elect a chair from among the members. Terms and filling of 44.22vacancies are subject to section 15.0575, subdivisions 2, 4, and 5. Members serve without 44.23compensation. 44.24    Sec. 5. Minnesota Statutes 2014, section 299N.03, subdivision 5, is amended to read: 44.25    Subd. 5. Full-time firefighter. A "full-time firefighter" means a person who is 44.26employed and charged with the prevention and suppression of fires within the boundaries 44.27of the state on a full-time, salaried basis and who is directly engaged in the hazards of 44.28firefighting or is in charge of a designated fire company or companies that are directly 44.29engaged in the hazards of firefighting. Full-time firefighter does not include a volunteer, 44.30part-time new text begin , new text end or paid, on-call new text begin paid-on-call new text end firefighter. 44.31    Sec. 6. Minnesota Statutes 2014, section 299N.03, subdivision 6, is amended to read: 45.1    Subd. 6. Licensed firefighter. "Licensed firefighter" means a full-time firefighter, 45.2to include a fire department employee, member, supervisor, or appointed official, who is 45.3licensed by the board and who is charged with the prevention or suppression of fires within 45.4the boundaries of the state. Licensed firefighter may also include a volunteer firefighter. 45.5    Sec. 7. Minnesota Statutes 2014, section 299N.03, subdivision 7, is amended to read: 45.6    Subd. 7. Volunteer firefighter. A "volunteer firefighter" means a person who is 45.7charged with the prevention or suppression of fires within the boundaries of the state 45.8on a volunteer, part-time new text begin , new text end or paid, on-call new text begin paid-on-call new text end basis. Volunteer firefighter does 45.9not include a full-time firefighter. 45.10    Sec. 8. Minnesota Statutes 2014, section 299N.04, subdivision 3, is amended to read: 45.11    Subd. 3. Certain baccalaureate or associate degree holders eligible to take 45.12certification examination. A person with a baccalaureate degree, or with an associate 45.13degree in applied fire science technology, from an accredited college or university new text begin , new text end who 45.14has successfully completed the skills-oriented basic training course under subdivision 2, 45.15clause (2), is eligible to take the firefighter certification examination notwithstanding the 45.16requirements of subdivision 2, clause (1). 45.17    Sec. 9. Minnesota Statutes 2014, section 299N.05, subdivision 1, is amended to read: 45.18    Subdivision 1. Licensure requirement. A full-time firefighter employed on or after 45.19July 1, 2011, new text begin full time new text end by a fire department is not eligible for permanent employment 45.20without being licensed as a firefighter by the board. 45.21    Sec. 10. Minnesota Statutes 2014, section 299N.05, subdivision 5, is amended to read: 45.22    Subd. 5. Issuance of new text begin Obtaining a firefighter new text end license. The board shall license 45.23any individual who meets the requirements of subdivision 3 or 4. new text begin To obtain a license, a new text end 45.24 new text begin firefighter must complete the board application process and meet the requirements of section new text end 45.25 new text begin 299N.04. new text end A license is valid for three years from the date of issuance new text begin a three-year period new text end 45.26 new text begin determined by the board new text end , and the fee for the license is $75. new text begin Fees under this subdivision new text end 45.27 new text begin may be prorated by the board for licenses issued within a three-year licensure period. new text end 45.28    Sec. 11. Minnesota Statutes 2014, section 299N.05, subdivision 6, is amended to read: 45.29    Subd. 6. License renewal new text begin ; expiration and reinstatement new text end . new text begin (a) new text end A license shall be 45.30renewed so long as the firefighter and the chief firefighting officer provide evidence to the 45.31board that the licensed firefighter has had at least 72 hours of new text begin approved new text end firefighting training 46.1in the previous three-year period new text begin preceding three years and the firefighter completes the new text end 46.2 new text begin renewal application new text end . The fee for renewing a firefighter license is $75, and the license is 46.3valid for an additional three years. 46.4 new text begin (b) If a license expires, a firefighter may apply to have it reinstated. In order to new text end 46.5 new text begin receive reinstatement, the firefighter must: new text end 46.6 new text begin (1) complete a reinstatement application; new text end 46.7 new text begin (2) satisfy all prior firefighter training requirements; new text end 46.8 new text begin (3) pay any outstanding renewal fees; and new text end 46.9 new text begin (4) pay the delayed renewal fee set by the board. new text end 46.10 new text begin (c) In lieu of a reinstatement application under paragraph (b), a firefighter may new text end 46.11 new text begin complete a new application for licensure under section 299N.04. new text end 46.12    Sec. 12. Minnesota Statutes 2014, section 299N.05, subdivision 7, is amended to read: 46.13    Subd. 7. Duties of chief firefighting officer. new text begin (a) new text end It shall be the duty of Every chief 46.14firefighting officer new text begin has a duty new text end to ensure that all new text begin every new text end full-time firefighters have new text begin firefighter new text end 46.15 new text begin has new text end a license from new text begin issued by new text end the board beginning July 1, 2011. Each full-time firefighter, 46.16volunteer firefighter, and chief firefighting officer may apply for licensure after January 1, 46.172011. 46.18 new text begin (b) Every chief firefighting officer, provider, and individual licensee has a duty to new text end 46.19 new text begin ensure proper training records and reports are retained. Records must include, for the new text end 46.20 new text begin three-year period subsequent to the license renewal date: new text end 46.21 new text begin (1) the dates, subjects, and duration of programs; new text end 46.22 new text begin (2) sponsoring organizations; new text end 46.23 new text begin (3) fire training hours earned; new text end 46.24 new text begin (4) registration receipts to prove attendance at training sessions; and new text end 46.25 new text begin (5) other pertinent information. new text end 46.26 new text begin (c) The board may require a licensee, provider, or fire department to provide the new text end 46.27 new text begin information under paragraph (b) to demonstrate compliance with the 72-hour firefighting new text end 46.28 new text begin training requirement under subdivision 6, paragraph (a). new text end 46.29    Sec. 13. Minnesota Statutes 2014, section 299N.05, subdivision 8, is amended to read: 46.30    Subd. 8. Revocation; suspension; denial. new text begin (a) new text end The board may revoke, suspend, 46.31or deny a license issued or applied for under this section to a firefighter or applicant if 46.32the firefighter or applicant has been convicted of new text begin any arson-related charge or new text end a felony 46.33recognized by the board as a crime that would disqualify the licensee from participating 46.34in the profession of firefighting. 47.1 new text begin (b) Each applicant, licensee, or fire department must notify the board, in writing, new text end 47.2 new text begin within ten days if the applicant or licensee has been convicted of or pled guilty or nolo new text end 47.3 new text begin contendere to a felony, any arson-related charge, or another offense arising from the new text end 47.4 new text begin same set of circumstances. new text end 47.5    Sec. 14. new text begin [299N.06] ELIGIBILITY FOR RECIPROCITY EXAMINATION new text end 47.6 new text begin BASED ON RELEVANT MILITARY EXPERIENCE. new text end 47.7 new text begin (a) For purposes of this section: new text end 47.8 new text begin (1) "active service" has the meaning given in section 190.05, subdivision 5; and new text end 47.9 new text begin (2) "relevant military experience" means: new text end 47.10 new text begin (i) four years' cumulative service experience in a military firefighting occupational new text end 47.11 new text begin specialty; new text end 47.12 new text begin (ii) two years' cumulative service experience in a military firefighting occupational new text end 47.13 new text begin specialty, and completion of at least a two-year degree from a regionally accredited new text end 47.14 new text begin postsecondary education institution; or new text end 47.15 new text begin (iii) four years' cumulative experience as a full-time firefighter in another state new text end 47.16 new text begin combined with cumulative service experience in a military firefighting occupational new text end 47.17 new text begin specialty. new text end 47.18 new text begin (b) A person is eligible to take the reciprocity examination and does not have to new text end 47.19 new text begin otherwise meet the requirements of section 299N.04, subdivisions 2 and 3, if the person has: new text end 47.20 new text begin (1) relevant military experience; and new text end 47.21 new text begin (2) been honorably discharged from military active service as evidenced by the most new text end 47.22 new text begin recent form DD-214 or is currently in active service, as evidenced by: new text end 47.23 new text begin (i) active duty orders providing service time in a military firefighting specialty; new text end 47.24 new text begin (ii) a United States Department of Defense Manpower Data Center status report new text end 47.25 new text begin pursuant to the Service Members Civil Relief Act, active duty status report; or new text end 47.26 new text begin (iii) Military Personnel Center assignment information. new text end 47.27 new text begin (c) A person who passed the examination under paragraph (b), clause (2), shall not new text end 47.28 new text begin be eligible to be licensed as a firefighter until honorably discharged as evidenced by the new text end 47.29 new text begin most recent form DD-214. new text end 47.30 new text begin (d) To receive a firefighter license, a person who passed the reciprocity certification new text end 47.31 new text begin examination must meet the requirements of section 299N.05, subdivision 4. new text end 47.32    Sec. 15. new text begin REPEALER. new text end 47.33 new text begin Minnesota Statutes 2014, section 299N.05, subdivision 3, new text end new text begin is repealed. new text end 48.1ARTICLE 5 48.2CORRECTIONS 48.3    Section 1. Minnesota Statutes 2014, section 43A.241, is amended to read: 48.443A.241 INSURANCE CONTRIBUTIONS; FORMER CORRECTIONS 48.5EMPLOYEES. 48.6(a) This section applies to a person who: 48.7(1) was employed by the commissioner of the Department of Corrections at a state 48.8institution under control of the commissioner, and in that employment was a member 48.9of the general plan of the Minnesota State Retirement System; new text begin or by the Department new text end 48.10 new text begin of Human Services; new text end 48.11(2) new text begin was covered by the correctional employee retirement plan under section 352.91 new text end 48.12 new text begin or the general state employees retirement plan of the Minnesota State Retirement System new text end 48.13 new text begin as defined in section 352.021; new text end 48.14 new text begin (3) while employed under clause (1), new text end was assaulted by an inmate at a state institution 48.15under control of the commissioner of the Department of Corrections; and new text begin : new text end 48.16 new text begin (i) a person under correctional supervision for a criminal offense; or new text end 48.17 new text begin (ii) a client or patient at the Minnesota sex offender program, or at a state-operated new text end 48.18 new text begin forensic services program as defined in section 352.91, subdivision 3j, under the control of new text end 48.19 new text begin the commissioner of the Department of Human Services; and new text end 48.20(3) new text begin (4) as a direct result of the assault under clause (3), new text end was determined to be 48.21totally and permanently new text begin physically new text end disabled under laws governing the Minnesota State 48.22Retirement System. 48.23(b) For a person to whom this section applies, the commissioner of the Department 48.24of Corrections new text begin or the commissioner of the Department of Human Services, using existing new text end 48.25 new text begin budget resources, new text end must continue to make the employer contribution for hospital, medical, 48.26and dental benefits under the State Employee Group Insurance Program after the person 48.27terminates state service. If the person had dependent coverage at the time of terminating 48.28state service, employer contributions for dependent coverage also must continue under this 48.29section. The employer contributions must be in the amount of the employer contribution 48.30for active state employees at the time each payment is made. The employer contributions 48.31must continue until the person reaches age 65, provided the person makes the required 48.32employee contributions, in the amount required of an active state employee, at the time 48.33and in the manner specified by the commissioner. 49.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 49.2 new text begin and applies to a person assaulted by an inmate, client, or patient on or after that date. new text end 49.3    Sec. 2. Minnesota Statutes 2014, section 241.88, subdivision 1, is amended to read: 49.4    Subdivision 1. Restraint. (a) A representative of a correctional facility may not 49.5restrain a woman known to be pregnant unless the representative makes an individualized 49.6determination that restraints are reasonably necessary for the legitimate safety and security 49.7needs of the woman, correctional staff, new text begin other inmates, new text end or new text begin the new text end public. If restraints are 49.8determined to be necessary, the restraints must be the least restrictive available and the 49.9most reasonable under the circumstances. 49.10(b) A representative of a correctional facility may not restrain a woman known to be 49.11pregnant while the woman is being transported if the restraint is through the use of waist 49.12chains or other devices that cross or otherwise touch the woman's abdomen or handcuffs 49.13or other devices that cross or otherwise touch the woman's wrists when affixed behind the 49.14woman's back. new text begin If used, wrist restraints should be applied in such a way that the pregnant new text end 49.15 new text begin woman may be able to protect herself and her fetus in the event of a forward fall. new text end 49.16(c) A representative of a correctional facility may restrain a woman who is in labor 49.17or who has given birth within the preceding three days only if: 49.18(1) there is a substantial flight risk or some other extraordinary medical or security 49.19circumstance that dictates restraints be used to ensure the safety and security of the 49.20woman, the staff of the correctional or medical facility, other inmates, or the public; 49.21(2) the representative has made an individualized determination that restraints are 49.22necessary to prevent escape or injury; 49.23(3) there is no objection from the treating medical care provider; and 49.24(4) the restraints used are the least restrictive type and are used in the least restrictive 49.25manner. 49.26(d) Section 645.241 does not apply to this section. 49.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2015. new text end 49.28    Sec. 3. Minnesota Statutes 2014, section 241.88, is amended by adding a subdivision 49.29to read: 49.30     new text begin Subd. 3. new text end new text begin Required annual report. new text end new text begin By February 15 of each year, the commissioner new text end 49.31 new text begin shall report to the chairs and ranking minority members of the senate and house of new text end 49.32 new text begin representatives committees and divisions having jurisdiction over criminal justice policy new text end 49.33 new text begin and funding on the use of restraints on pregnant women, women in labor, and women new text end 49.34 new text begin who have given birth in the preceding three days, who are incarcerated in state and local new text end 50.1 new text begin correctional facilities during the preceding calendar year. For reporting purposes, the use of new text end 50.2 new text begin restraints does not include use of handcuffs on the front of the body of a pregnant woman. new text end 50.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2015. new text end 50.4    Sec. 4. Minnesota Statutes 2014, section 241.89, subdivision 1, is amended to read: 50.5    Subdivision 1. Applicability. This section applies only to a woman: 50.6(1) incarcerated following conviction; and new text begin or new text end 50.7(2) incarcerated before conviction beyond the period specified for the woman's initial 50.8appearance before the court in Rules of Criminal Procedure, rules 3.02, 4.01, and 4.02. 50.9 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2015. new text end 50.10    Sec. 5. Minnesota Statutes 2014, section 241.89, subdivision 2, is amended to read: 50.11    Subd. 2. Requirements. The head of each correctional facility shall ensure that 50.12every woman incarcerated at the facility: 50.13(1) is tested for pregnancy new text begin on or before day 14 of incarceration new text end , if under 50 years 50.14of age unless the inmate refuses the test; 50.15(2) if pregnant and agrees to testing, is tested for sexually transmitted diseases, 50.16including HIV new text begin , is provided the prevailing standard of care or current practice by the new text end 50.17 new text begin medical care provider's peer group new text end ; 50.18(3) if pregnant or has given birth in the past six weeks, is provided appropriate 50.19educational materials and resources related to pregnancy, childbirth, breastfeeding, and 50.20parenting; 50.21(4) if pregnant or has given birth in the past six weeks, has access to doula services if 50.22these services are provided by a certified doula without charge to the correctional facility 50.23or the incarcerated woman pays for the certified doula services; 50.24(5) if pregnant or has given birth in the past six months, has access to a mental health 50.25assessment and, if necessary, treatment; 50.26(6) if pregnant or has given birth in the past six months and determined to be 50.27suffering from a mental illness, has access to evidence-based mental health treatment 50.28including psychotropic medication; 50.29(7) if pregnant or has given birth in the past six months and determined to be 50.30suffering from postpartum depression, has access to evidence-based therapeutic care for 50.31the depression; and 50.32(8) if pregnant new text begin or has given birth in the past six months new text end , is advised, orally or in 50.33writing, of applicable laws and policies governing incarcerated pregnant women. 51.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2015. new text end 51.2    Sec. 6. Minnesota Statutes 2014, section 244.05, is amended by adding a subdivision 51.3to read: 51.4     new text begin Subd. 1d. new text end new text begin Electronic surveillance. new text end new text begin (a) If the commissioner orders electronic new text end 51.5 new text begin surveillance of an inmate placed on supervised release, the commissioner may require that new text end 51.6 new text begin the inmate be kept in custody, or that the inmate's probation agent, or the agent's designee, new text end 51.7 new text begin directly supervise the offender until electronic surveillance is activated. new text end 51.8 new text begin (b) It is the responsibility of the inmate placed on electronic surveillance to ensure new text end 51.9 new text begin that the inmate's residence is properly equipped and the inmate's telecommunications new text end 51.10 new text begin system is properly configured to support electronic surveillance prior to being released new text end 51.11 new text begin from custody or the direct supervision of a probation agent. An inmate who fails to new text end 51.12 new text begin comply with this paragraph may be found in violation of the inmate's conditions of release new text end 51.13 new text begin after a revocation hearing. new text end 51.14    Sec. 7. Minnesota Statutes 2014, section 244.15, subdivision 6, is amended to read: 51.15    Subd. 6. Electronic surveillance. new text begin (a) new text end During any phase, the offender may be placed 51.16on electronic surveillance if the intensive supervision agent so directs. new text begin If electronic new text end 51.17 new text begin surveillance is directed during phase I, the commissioner must require that the inmate be new text end 51.18 new text begin kept in custody, or that the inmate's intensive supervised release agent, or the agent's new text end 51.19 new text begin designee, directly supervise the offender until electronic surveillance is activated. new text end 51.20 new text begin (b) It is the responsibility of the inmate placed on electronic surveillance to ensure new text end 51.21 new text begin that the inmate's residence is properly equipped and the inmate's telecommunications new text end 51.22 new text begin system is properly configured to support electronic surveillance prior to being released new text end 51.23 new text begin from custody or the direct supervision of an intensive supervised release agent. An new text end 51.24 new text begin inmate who fails to comply with this paragraph may be found in violation of the inmate's new text end 51.25 new text begin conditions of release after a revocation hearing. new text end 51.26    Sec. 8. Minnesota Statutes 2014, section 260B.198, is amended by adding a 51.27subdivision to read: 51.28     new text begin Subd. 13. new text end new text begin Electronic surveillance. new text end new text begin (a) If a court orders a juvenile adjudicated new text end 51.29 new text begin delinquent to serve any portion of the juvenile's disposition on electronic surveillance, new text end 51.30 new text begin the court may require that the juvenile be kept in custody, or that the juvenile's probation new text end 51.31 new text begin agent directly supervise the juvenile until electronic surveillance is activated. new text end 51.32 new text begin (b) It is the responsibility of the parent or guardian of the juvenile placed on electronic new text end 51.33 new text begin surveillance to ensure that the juvenile's residence is properly equipped and the residence's new text end 52.1 new text begin telecommunications system is properly configured to support electronic surveillance prior new text end 52.2 new text begin to the juvenile being released from custody or the direct supervision of a probation agent. new text end 52.3    Sec. 9. Minnesota Statutes 2014, section 401.10, subdivision 1, is amended to read: 52.4    Subdivision 1. Aid calculations. To determine the community corrections aid 52.5amount to be paid to each participating county, the commissioner of corrections must 52.6apply the following formula: 52.7(1) For each of the 87 counties in the state, a percent score must be calculated for 52.8each of the following five factors: 52.9(i) percent of the total state population aged ten to 24 residing within the county 52.10according to the most recent federal census, and, in the intervening years between the 52.11taking of the federal census, according to the most recent estimate of the state demographer; 52.12(ii) percent of the statewide total number of felony case filings occurring within the 52.13county, as determined by the state court administrator; 52.14(iii) percent of the statewide total number of juvenile case filings occurring within 52.15the county, as determined by the state court administrator; 52.16(iv) percent of the statewide total number of gross misdemeanor case filings 52.17occurring within the county, as determined by the state court administrator; and 52.18(v) percent of the total statewide number of convicted felony offenders who did 52.19not receive an executed prison sentence, as monitored and reported by the Sentencing 52.20Guidelines Commission. 52.21The percents in items (ii) to (v) must be calculated by combining the most recent 52.22three-year period of available data. The percents in items (i) to (v) each must sum to 100 52.23percent across the 87 counties. 52.24(2) For each of the 87 counties, the county's percents in clause (1), items (i) to (v), 52.25must be weighted, summed, and divided by the sum of the weights to yield an average 52.26percent for each county, referred to as the county's "composite need percent." When 52.27performing this calculation, the weight for each of the percents in clause (1), items (i) to 52.28(v), is 1.0. The composite need percent must sum to 100 percent across the 87 counties. 52.29(3) For each of the 87 counties, the county's "adjusted net tax capacity percent" is 52.30the county's adjusted net tax capacity amount, defined in the same manner as it is defined 52.31for cities in section 477A.011, subdivision 20, divided by the statewide total adjusted net 52.32tax capacity amount. The adjusted net tax capacity percent must sum to 100 percent 52.33across the 87 counties. 52.34(4) For each of the 87 counties, the county's composite need percent must be divided 52.35by the county's adjusted net tax capacity percent to produce a ratio that, when multiplied 53.1by the county's composite need percent, results in the county's "tax base adjusted need 53.2percent." 53.3(5) For each of the 87 counties, the county's tax base adjusted need percent must 53.4be added to twice the composite need percent, and the sum must be divided by 3, to 53.5yield the county's "weighted need percent." 53.6(6) Each participating county's weighted need percent must be added to the weighted 53.7need percent of each other participating county to yield the "total weighted need percent 53.8for participating counties." 53.9(7) Each participating county's weighted need percent must be divided by the total 53.10weighted need percent for participating counties to yield the county's "share percent." The 53.11share percents for participating counties must sum to 100 percent. 53.12(8) Each participating county's "base funding amount" is the aid amount that the 53.13county received under this section for fiscal year 1995 new text begin plus the amount received in new text end 53.14 new text begin caseload or workload reduction, felony caseload reduction, and sex offender supervision new text end 53.15 new text begin grants in fiscal year 2015 new text end , as reported by the commissioner of corrections. In fiscal year 53.161997 and thereafter, no county's aid amount under this section may be less than its base 53.17funding amount, provided that the total amount appropriated for this purpose is at least as 53.18much as the aggregate base funding amount defined in clause (9). 53.19(9) The "aggregate base funding amount" is equal to the sum of the base funding 53.20amounts for all participating counties. If a county that participated under this section 53.21during fiscal year 1995 chooses not to participate in any given year, then the aggregate 53.22base funding amount must be reduced by that county's base funding amount. If a county 53.23that did not participate under this section in fiscal year 1995 chooses to participate in any 53.24given year new text begin on or after July 1, 2015 new text end , then the aggregate base funding amount must be 53.25increased by the amount of aid that the county would have received had it participated in 53.26fiscal year 1995 new text begin plus the estimated amount it would have received in caseload or workload new text end 53.27 new text begin reduction, felony caseload reduction, and sex offender supervision grants in fiscal year new text end 53.28 new text begin 2015 new text end , as reported by the commissioner of corrections, and the amount of increase shall be 53.29that county's base funding amount. 53.30(10) In any given year, the total amount appropriated for this purpose first must be 53.31allocated to participating counties in accordance with each county's base funding amount. 53.32Then, any remaining amount in excess of the aggregate base funding amount must be 53.33allocated to participating counties in proportion to each county's share percent, and is 53.34referred to as the county's "formula amount." 53.35Each participating county's "community corrections aid amount" equals the sum of 53.36(i) the county's base funding amount, and (ii) the county's formula amount. 54.1(11) However, if in any year the total amount appropriated for the purpose of this 54.2section is less than the aggregate base funding amount, then each participating county's 54.3community corrections aid amount is the product of (i) the county's base funding amount 54.4multiplied by (ii) the ratio of the total amount appropriated to the aggregate base funding 54.5amount. 54.6For each participating county, the county's community corrections aid amount 54.7calculated in this subdivision is the total amount of subsidy to which the county is entitled 54.8under sections 401.01 to 401.16. 54.9    Sec. 10. Minnesota Statutes 2014, section 631.461, is amended to read: 54.10631.461 IMPRISONMENT; COUNTY JAIL; ALTERNATIVES. 54.11 new text begin (a) new text end When a sentence for an offense includes imprisonment in a county jail, the 54.12court may sentence the offender to imprisonment in a workhouse or correctional or work 54.13farm if there is one in the county where the offender is tried or where the offense was 54.14committed. If not, the court may sentence the offender to imprisonment in a workhouse or 54.15correctional or work farm in any county in this state. However, the county board of the 54.16county where the offender is tried shall have some agreement for the receipt, maintenance, 54.17and confinement of inmates with the county where the offender has been sentenced to 54.18imprisonment. The place of imprisonment must be specified in the sentence. Inmates may 54.19be removed from one place of confinement to another as provided by statute. 54.20 new text begin (b) If a court orders or a sheriff permits an offender to serve any portion of the new text end 54.21 new text begin offender's sentence on electronic surveillance, the court or sheriff may require that the new text end 54.22 new text begin offender be kept in custody, or that the offender's probation agent directly supervise the new text end 54.23 new text begin offender until electronic surveillance is activated. new text end 54.24 new text begin (c) It is the responsibility of the offender placed on electronic surveillance to ensure new text end 54.25 new text begin that the offender's residence is properly equipped and the offender's telecommunications new text end 54.26 new text begin system is properly configured to support electronic surveillance prior to being released new text end 54.27 new text begin from custody or the direct supervision of a probation agent. An offender who fails to new text end 54.28 new text begin comply with this paragraph may be found in violation of the offender's conditions of new text end 54.29 new text begin release after a revocation hearing. new text end 54.30    Sec. 11. new text begin SHERBURNE COUNTY COMMUNITY SUPERVISION GRANT. new text end 54.31 new text begin Notwithstanding Minnesota Statutes, section 401.10, subdivision 2, any state funds new text end 54.32 new text begin appropriated in fiscal year 2015 for community supervision in Sherburne County that are new text end 54.33 new text begin unallocated after funds are transferred under the Community Corrections Act formula to new text end 55.1 new text begin fund Sherburne County's participation in the act shall be transferred by the commissioner new text end 55.2 new text begin to Sherburne County in the form of a caseload and workload reduction grant. new text end 55.3    Sec. 12. new text begin COLTON'S LAW. new text end 55.4 new text begin Sections 6, 7, 8, 10, and 13 shall be known as "Colton's Law." new text end 55.5    Sec. 13. new text begin ELECTRONIC SURVEILLANCE; PURPOSE STATEMENT. new text end 55.6 new text begin The purpose of electronic surveillance of adult and juvenile offenders is to provide a new text end 55.7 new text begin cost-effective alternative to incarceration or detention for deserving low-risk offenders. new text end 55.8 new text begin It is a privilege for an adult or juvenile offender to be placed on electronic surveillance new text end 55.9 new text begin in lieu of remaining in custody to complete a period of incarceration or detention. The new text end 55.10 new text begin parties who authorize and implement electronic surveillance shall take all reasonable new text end 55.11 new text begin precautions to protect public safety. new text end 55.12ARTICLE 6 55.13GENERAL CRIMINAL PROVISION 55.14    Section 1. Minnesota Statutes 2014, section 13.82, subdivision 17, is amended to read: 55.15    Subd. 17. Protection of identities. A law enforcement agency or a law enforcement 55.16dispatching agency working under direction of a law enforcement agency shall withhold 55.17public access to data on individuals to protect the identity of individuals in the following 55.18circumstances: 55.19(a) when access to the data would reveal the identity of an undercover law 55.20enforcement officer, as provided in section 13.43, subdivision 5; 55.21(b) when access to the data would reveal the identity of a victim or alleged victim of 55.22criminal sexual conduct or of a violation of new text begin sex trafficking under new text end section new text begin 609.322, 609.341 new text end 55.23 new text begin to 609.3451, or new text end 617.246, subdivision 2; 55.24(c) when access to the data would reveal the identity of a paid or unpaid informant 55.25being used by the agency if the agency reasonably determines that revealing the identity of 55.26the informant would threaten the personal safety of the informant; 55.27(d) when access to the data would reveal the identity of a victim of or witness to a 55.28crime if the victim or witness specifically requests not to be identified publicly, unless the 55.29agency reasonably determines that revealing the identity of the victim or witness would 55.30not threaten the personal safety or property of the individual; 55.31(e) when access to the data would reveal the identity of a deceased person whose 55.32body was unlawfully removed from a cemetery in which it was interred; 56.1(f) when access to the data would reveal the identity of a person who placed a call to a 56.2911 system or the identity or telephone number of a service subscriber whose phone is used 56.3to place a call to the 911 system and: (1) the agency determines that revealing the identity 56.4may threaten the personal safety or property of any person; or (2) the object of the call is 56.5to receive help in a mental health emergency. For the purposes of this paragraph, a voice 56.6recording of a call placed to the 911 system is deemed to reveal the identity of the caller; 56.7(g) when access to the data would reveal the identity of a juvenile witness and 56.8the agency reasonably determines that the subject matter of the investigation justifies 56.9protecting the identity of the witness; or 56.10(h) when access to the data would reveal the identity of a mandated reporter under 56.11section 609.456, 626.556, or 626.557. 56.12Data concerning individuals whose identities are protected by this subdivision are 56.13private data about those individuals. Law enforcement agencies shall establish procedures 56.14to acquire the data and make the decisions necessary to protect the identity of individuals 56.15described in clauses (c), (d), (f), and (g). 56.16    Sec. 2. Minnesota Statutes 2014, section 169.13, subdivision 1, is amended to read: 56.17    Subdivision 1. Reckless driving. (a) Any person who drives any vehicle in such a 56.18manner as to indicate either a willful or a wanton disregard for the safety of persons or 56.19property is guilty of reckless driving and such reckless driving is a misdemeanor new text begin A person new text end 56.20 new text begin who drives a motor vehicle while aware of and consciously disregarding a substantial and new text end 56.21 new text begin unjustifiable risk that the driving may result in harm to another or another's property is new text end 56.22 new text begin guilty of reckless driving. The risk must be of such a nature and degree that disregard of it new text end 56.23 new text begin constitutes a significant deviation from the standard of conduct that a reasonable person new text end 56.24 new text begin would observe in the situation new text end . 56.25(b) A person shall not race any vehicle upon any street or highway of this state. 56.26Any person who willfully compares or contests relative speeds by operating one or more 56.27vehicles is guilty of racing, which constitutes reckless driving, whether or not the speed 56.28contested or compared is in excess of the maximum speed prescribed by law. 56.29 new text begin (c) A person who violates paragraph (a) or (b) is guilty of a misdemeanor. A person new text end 56.30 new text begin who violates paragraph (a) or (b) and causes great bodily harm or death to another is new text end 56.31 new text begin guilty of a gross misdemeanor. new text end 56.32 new text begin (d) For purposes of this section, "great bodily harm" has the meaning given in new text end 56.33 new text begin section 609.02, subdivision 8. new text end 56.34 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2015, and applies to crimes new text end 56.35 new text begin committed on or after that date. new text end 57.1    Sec. 3. Minnesota Statutes 2014, section 169.13, subdivision 3, is amended to read: 57.2    Subd. 3. Application. (a) The provisions of this section apply, but are not limited in 57.3application, to any person who drives any vehicle in the manner prohibited by this section: 57.4(1) upon the ice of any lake, stream, or river, including but not limited to the ice of 57.5any boundary water; or 57.6(2) in a parking lot ordinarily used by or available to the public though not as a 57.7matter of right, and a driveway connecting the parking lot with a street or highway. 57.8(b) This section does not apply to: 57.9(1) an authorized emergency vehicle, when responding to an emergency call or when 57.10in pursuit of an actual or suspected violator; 57.11(2) the emergency operation of any vehicle when avoiding imminent danger; or 57.12(3) any raceway, racing facility, or other public event sanctioned by the appropriate 57.13governmental authority. 57.14 new text begin (c) Nothing in this section or section 609.035 or 609.04 shall limit the power of the new text end 57.15 new text begin state to prosecute or punish a person for conduct that constitutes any other crime under new text end 57.16 new text begin any other law of this state. new text end 57.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2015, and applies to crimes new text end 57.18 new text begin committed on or after that date. new text end 57.19    Sec. 4. Minnesota Statutes 2014, section 169.475, subdivision 2, is amended to read: 57.20    Subd. 2. Prohibition on use new text begin ; penalty new text end . new text begin (a) new text end No person may operate a motor vehicle 57.21while using a wireless communications device to compose, read, or send an electronic 57.22message, when the vehicle is in motion or a part of traffic. 57.23 new text begin (b) A person who is convicted of a second or subsequent violation under this section new text end 57.24 new text begin must pay a fine of $150 plus the amount specified in the uniform fine schedule established new text end 57.25 new text begin by the Judicial Council. new text end 57.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2015, and applies to new text end 57.27 new text begin violations committed on or after that date. new text end 57.28    Sec. 5. Minnesota Statutes 2014, section 169A.03, subdivision 3, is amended to read: 57.29    Subd. 3. Aggravating factor. "Aggravating factor" includes: 57.30(1) a qualified prior impaired driving incident within the ten years immediately 57.31preceding the current offense; 57.32(2) having an alcohol concentration of 0.20 new text begin 0.16 new text end or more as measured at the time, or 57.33within two hours of the time, of the offense; or 58.1(3) having a child under the age of 16 in the motor vehicle at the time of the offense 58.2if the child is more than 36 months younger than the offender. 58.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2015, and applies to crimes new text end 58.4 new text begin committed on or after that date. new text end 58.5    Sec. 6. Minnesota Statutes 2014, section 169A.07, is amended to read: 58.6169A.07 FIRST-TIME DWI VIOLATOR; OFF-ROAD VEHICLE OR BOAT. 58.7A person who violates section 169A.20 (driving while impaired) while using an 58.8off-road recreational vehicle or motorboat and who does not have a qualified prior 58.9impaired driving incident is subject only to the criminal penalty provided in section 58.10169A.25 (second-degree driving while impaired), 169A.26 (third-degree driving while 58.11impaired), or 169A.27 (fourth-degree driving while impaired); and loss of operating 58.12privileges as provided in section 84.91, subdivision 1 (operation of snowmobiles or 58.13all-terrain vehicles by persons under the influence of alcohol or controlled substances), or 58.1486B.331, subdivision 1 (operation of motorboats while using alcohol or with a physical or 58.15mental disability), whichever is applicable. The person is not subject to the provisions 58.16of section 169A.275, subdivision 5, (submission to the level of care recommended in 58.17chemical use assessment for repeat offenders and offenders with alcohol concentration of 58.180.20 new text begin 0.16 new text end or more); 169A.277 (long-term monitoring); 169A.285 (penalty assessment); 58.19169A.44 (conditional release); 169A.54 (impaired driving convictions and adjudications; 58.20administrative penalties); or 169A.54, subdivision 11 (chemical use assessment); the 58.21license revocation sanctions of sections 169A.50 to 169A.53 (implied consent law); or the 58.22plate impoundment provisions of section 169A.60 (administrative impoundment of plates). 58.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2015, and applies to crimes new text end 58.24 new text begin committed on or after that date. new text end 58.25    Sec. 7. Minnesota Statutes 2014, section 169A.275, subdivision 5, is amended to read: 58.26    Subd. 5. Level of care recommended in chemical use assessment. Unless the 58.27court commits the person to the custody of the commissioner of corrections as provided in 58.28section 169A.276 (mandatory penalties; felony violations), in addition to other penalties 58.29required under this section, the court shall order a person to submit to the level of care 58.30recommended in the chemical use assessment conducted under section 169A.70 (alcohol 58.31safety program; chemical use assessments) if the person is convicted of violating section 58.32169A.20 (driving while impaired) while having an alcohol concentration of 0.20 new text begin 0.16 new text end or 59.1more as measured at the time, or within two hours of the time, of the offense or if the 59.2violation occurs within ten years of one or more qualified prior impaired driving incidents. 59.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2015, and applies to crimes new text end 59.4 new text begin committed on or after that date. new text end 59.5    Sec. 8. Minnesota Statutes 2014, section 169A.285, subdivision 1, is amended to read: 59.6    Subdivision 1. Authority; amount. When a court sentences a person who violates 59.7section 169A.20 (driving while impaired) while having an alcohol concentration of 0.20 59.8 new text begin 0.16 new text end or more as measured at the time, or within two hours of the time, of the violation, 59.9the court may impose a penalty assessment of up to $1,000. The court may impose this 59.10assessment in addition to any other penalties or charges authorized under law. 59.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2015, and applies to crimes new text end 59.12 new text begin committed on or after that date. new text end 59.13    Sec. 9. Minnesota Statutes 2014, section 169A.46, subdivision 1, is amended to read: 59.14    Subdivision 1. Impairment occurred after driving ceased. If proven by a 59.15preponderance of the evidence, it is an affirmative defense to a violation of section 59.16169A.20, subdivision 1 , clause (5); 1a, clause (5); 1b, clause (5); or 1c, clause (5) (driving 59.17while impaired, alcohol concentration within two hours of driving), or 169A.20 by a person 59.18having an alcohol concentration of 0.20 new text begin 0.16 new text end or more as measured at the time, or within 59.19two hours of the time, of the offense, that the defendant consumed a sufficient quantity of 59.20alcohol after the time of the violation and before the administration of the evidentiary test 59.21to cause the defendant's alcohol concentration to exceed the level specified in the applicable 59.22clause. Evidence that the defendant consumed alcohol after the time of the violation may 59.23not be admitted in defense to any alleged violation of section 169A.20, unless notice is 59.24given to the prosecution prior to the omnibus or pretrial hearing in the matter. 59.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2015, and applies to crimes new text end 59.26 new text begin committed on or after that date. new text end 59.27    Sec. 10. Minnesota Statutes 2014, section 169A.53, subdivision 3, is amended to read: 59.28    Subd. 3. Judicial hearing; issues, order, appeal. (a) A judicial review hearing 59.29under this section must be before a district judge in any county in the judicial district 59.30where the alleged offense occurred. The hearing is to the court and may be conducted at 59.31the same time and in the same manner as hearings upon pretrial motions in the criminal 59.32prosecution under section 169A.20 (driving while impaired), if any. The hearing must be 60.1recorded. The commissioner shall appear and be represented by the attorney general or 60.2through the prosecuting authority for the jurisdiction involved. The hearing must be held 60.3at the earliest practicable date, and in any event no later than 60 days following the filing 60.4of the petition for review. The judicial district administrator shall establish procedures to 60.5ensure efficient compliance with this subdivision. To accomplish this, the administrator 60.6may, whenever possible, consolidate and transfer review hearings among the locations 60.7within the judicial district where terms of district court are held. 60.8(b) The scope of the hearing is limited to the issues in clauses (1) to (10) new text begin (11) new text end : 60.9(1) Did the peace officer have probable cause to believe the person was driving, 60.10operating, or in physical control of a motor vehicle or commercial motor vehicle in 60.11violation of section 169A.20 (driving while impaired)? 60.12(2) Was the person lawfully placed under arrest for violation of section 169A.20? 60.13(3) Was the person involved in a motor vehicle accident or collision resulting in 60.14property damage, personal injury, or death? 60.15(4) Did the person refuse to take a screening test provided for by section 169A.41 60.16(preliminary screening test)? 60.17(5) If the screening test was administered, did the test indicate an alcohol 60.18concentration of 0.08 or more? 60.19(6) At the time of the request for the test, did the peace officer inform the person 60.20of the person's rights and the consequences of taking or refusing the test as required by 60.21section 169A.51, subdivision 2? 60.22(7) Did the person refuse to permit the test? 60.23(8) If a test was taken by a person driving, operating, or in physical control of a 60.24motor vehicle, did the test results indicate at the time of testing: 60.25(i) an alcohol concentration of 0.08 or more; or 60.26(ii) the presence of a controlled substance listed in Schedule I or II or its metabolite, 60.27other than marijuana or tetrahydrocannabinols? 60.28(9) If a test was taken by a person driving, operating, or in physical control of a 60.29commercial motor vehicle, did the test results indicate an alcohol concentration of 0.04 or 60.30more at the time of testing? 60.31(10) Was the testing method used valid and reliable and were the test results 60.32accurately evaluated? 60.33 new text begin (11) Did the person prove the defense of necessity? new text end 60.34(c) It is an affirmative defense for the petitioner to prove that, at the time of the 60.35refusal, the petitioner's refusal to permit the test was based upon reasonable grounds. 61.1(d) Certified or otherwise authenticated copies of laboratory or medical personnel 61.2reports, records, documents, licenses, and certificates are admissible as substantive 61.3evidence. 61.4(e) The court shall order that the revocation or disqualification be either rescinded or 61.5sustained and forward the order to the commissioner. The court shall file its order within 14 61.6days following the hearing. If the revocation or disqualification is sustained, the court shall 61.7also forward the person's driver's license or permit to the commissioner for further action by 61.8the commissioner if the license or permit is not already in the commissioner's possession. 61.9(f) Any party aggrieved by the decision of the reviewing court may appeal the 61.10decision as provided in the Rules of Appellate Procedure. 61.11(g) The civil hearing under this section shall not give rise to an estoppel on any 61.12issues arising from the same set of circumstances in any criminal prosecution. 61.13 new text begin (h) It is an affirmative defense for the petitioner to prove a necessity. new text end 61.14    Sec. 11. Minnesota Statutes 2014, section 243.166, subdivision 1b, is amended to read: 61.15    Subd. 1b. Registration required. (a) A person shall register under this section if: 61.16(1) the person was charged with or petitioned for a felony violation of or attempt to 61.17violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted 61.18of or adjudicated delinquent for that offense or another offense arising out of the same 61.19set of circumstances: 61.20(i) murder under section 609.185, paragraph (a), clause (2); 61.21(ii) kidnapping under section 609.25; 61.22(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345; 61.23609.3451, subdivision 3 ; or 609.3453; or 61.24(iv) indecent exposure under section 617.23, subdivision 3; new text begin or new text end 61.25 new text begin (v) interference with privacy under section 609.746, subdivision 1a; new text end 61.26(2) the person was charged with or petitioned for a violation of, or attempt to 61.27violate, or aiding, abetting, or conspiring to commit criminal abuse in violation of section 61.28609.2325, subdivision 1 , paragraph (b); false imprisonment in violation of section 61.29609.255, subdivision 2 ; solicitation, inducement, or promotion of the prostitution of a 61.30minor or engaging in the new text begin or new text end sex trafficking of a minor in violation of section 609.322; a 61.31prostitution offense involving a minor under the age of 13 years in violation of section 61.32609.324 , subdivision 1, paragraph (a); soliciting a minor to engage in sexual conduct in 61.33violation of section 609.352, subdivision 2 or 2a, clause (1); using a minor in a sexual 61.34performance in violation of section 617.246; or possessing pornographic work involving a 62.1minor in violation of section 617.247, and convicted of or adjudicated delinquent for that 62.2offense or another offense arising out of the same set of circumstances; 62.3(3) the person was sentenced as a patterned sex offender under section 609.3455, 62.4subdivision 3a ; or 62.5(4) the person was charged with or petitioned for, including pursuant to a court 62.6martial, violating a law of the United States, including the Uniform Code of Military Justice, 62.7similar to the offenses described in clause (1), (2), or (3), and convicted of or adjudicated 62.8delinquent for that offense or another offense arising out of the same set of circumstances. 62.9(b) A person also shall register under this section if: 62.10(1) the person was charged with or petitioned for an offense in another state that 62.11would be a violation of a law described in paragraph (a) if committed in this state and 62.12convicted of or adjudicated delinquent for that offense or another offense arising out 62.13of the same set of circumstances; 62.14(2) the person enters this state to reside, work, or attend school, or enters this state 62.15and remains for 14 days or longer; and 62.16(3) ten years have not elapsed since the person was released from confinement 62.17or, if the person was not confined, since the person was convicted of or adjudicated 62.18delinquent for the offense that triggers registration, unless the person is subject to a longer 62.19registration period under the laws of another state in which the person has been convicted 62.20or adjudicated, or is subject to lifetime registration. 62.21If a person described in this paragraph is subject to a longer registration period 62.22in another state or is subject to lifetime registration, the person shall register for that 62.23time period regardless of when the person was released from confinement, convicted, or 62.24adjudicated delinquent. 62.25(c) A person also shall register under this section if the person was committed 62.26pursuant to a court commitment order under Minnesota Statutes 2012, section 253B.185, 62.27chapter 253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state 62.28or the United States, regardless of whether the person was convicted of any offense. 62.29(d) A person also shall register under this section if: 62.30(1) the person was charged with or petitioned for a felony violation or attempt to 62.31violate any of the offenses listed in paragraph (a), clause (1), or a similar law of another 62.32state or the United States, or the person was charged with or petitioned for a violation of 62.33any of the offenses listed in paragraph (a), clause (2), or a similar law of another state or 62.34the United States; 63.1(2) the person was found not guilty by reason of mental illness or mental deficiency 63.2after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in 63.3states with a guilty but mentally ill verdict; and 63.4(3) the person was committed pursuant to a court commitment order under section 63.5253B.18 or a similar law of another state or the United States. 63.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2015, and applies to crimes new text end 63.7 new text begin committed on or after that date. new text end 63.8    Sec. 12. Minnesota Statutes 2014, section 609.1095, subdivision 1, is amended to read: 63.9    Subdivision 1. Definitions. (a) As used in this section, the following terms have 63.10the meanings given. 63.11(b) "Conviction" means any of the following accepted and recorded by the court: a 63.12plea of guilty, a verdict of guilty by a jury, or a finding of guilty by the court. The term 63.13includes a conviction by any court in Minnesota or another jurisdiction. 63.14(c) "Prior conviction" means a conviction that occurred before the offender 63.15committed the next felony resulting in a conviction and before the offense for which the 63.16offender is being sentenced under this section. 63.17(d) "Violent crime" means a violation of or an attempt or conspiracy to violate 63.18any of the following laws of this state or any similar laws of the United States or any 63.19other state: sections 152.137; 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 63.20609.2112 ; 609.2113; 609.2114; 609.221; 609.222; 609.223; 609.228; 609.235; 609.24; 63.21609.245 ; 609.25; 609.255; 609.2661; 609.2662; 609.2663; 609.2664; 609.2665; 609.267; 63.22609.2671 ; 609.268; new text begin 609.322; new text end 609.342; 609.343; 609.344; 609.345; 609.498, subdivision 1; 63.23609.561 ; 609.562; 609.582, subdivision 1; 609.66, subdivision 1e; 609.687; and 609.855, 63.24subdivision 5 ; any provision of sections 609.229; 609.377; 609.378; 609.749; and 624.713 63.25that is punishable by a felony penalty; or any provision of chapter 152 that is punishable 63.26by a maximum sentence of 15 years or more; or Minnesota Statutes 2012, section 609.21. 63.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2015, and applies to crimes new text end 63.28 new text begin committed on or after that date. new text end 63.29    Sec. 13. Minnesota Statutes 2014, section 609.2111, is amended to read: 63.30609.2111 DEFINITIONS. 63.31    (a) For purposes of sections 609.2111 to 609.2114, the terms defined in this 63.32subdivision have the meanings given them. 64.1    (b) "Motor vehicle" has the meaning given in section 609.52, subdivision 1, and 64.2includes attached trailers. 64.3    (c) "Controlled substance" has the meaning given in section 152.01, subdivision 4. 64.4    (d) "Hazardous substance" means any chemical or chemical compound that is listed 64.5as a hazardous substance in rules adopted under chapter 182. 64.6     new text begin (e) "Qualified prior driving offense" includes a prior conviction: new text end 64.7 new text begin (1) for a violation of section 169A.20 under the circumstances described in section new text end 64.8 new text begin 169A.24, 169A.25, or 169A.26; new text end 64.9 new text begin (2) for a violation of section 169A.20 under the circumstances described in section new text end 64.10 new text begin 169A.27 and involving damage to property; new text end 64.11 new text begin (3) for a violation of section 169.13 involving damage to property or resulting in new text end 64.12 new text begin bodily harm to or the death of another; new text end 64.13 new text begin (4) under section 609.2112, subdivision 1, paragraph (a), clauses (2) to (6); new text end 64.14 new text begin 609.2113, subdivision 1, clauses (2) to (6); 2, clauses (2) to (6); or 3, clauses (2) to (6); or new text end 64.15 new text begin 609.2114, subdivision 1, paragraph (a), clauses (2) to (6); new text end 64.16 new text begin (5) under Minnesota Statutes 2012, section 609.21, subdivision 1, clauses (2) to (6); or new text end 64.17 new text begin (6) under Minnesota Statutes 2006, section 609.21, subdivision 1, clauses (2) to (6); new text end 64.18 new text begin 2, clauses (2) to (6); 2a, clauses (2) to (6); 2b, clauses (2) to (6); 3, clauses (2) to (6); or 4, new text end 64.19 new text begin clauses (2) to (6). new text end 64.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2015, and applies to crimes new text end 64.21 new text begin committed on or after that date. new text end 64.22    Sec. 14. Minnesota Statutes 2014, section 609.2112, subdivision 1, is amended to read: 64.23    Subdivision 1. Criminal vehicular homicide. new text begin (a) Except as provided in new text end 64.24 new text begin paragraph (b), new text end a person is guilty of criminal vehicular homicide and may be sentenced 64.25to imprisonment for not more than ten years or to payment of a fine of not more than 64.26$20,000, or both, if the person causes the death of a human being not constituting murder 64.27or manslaughter as a result of operating a motor vehicle: 64.28    (1) in a grossly negligent manner; 64.29    (2) in a negligent manner while under the influence of: 64.30    (i) alcohol; 64.31    (ii) a controlled substance; or 64.32    (iii) any combination of those elements; 64.33    (3) while having an alcohol concentration of 0.08 or more; 64.34    (4) while having an alcohol concentration of 0.08 or more, as measured within 64.35two hours of the time of driving; 65.1    (5) in a negligent manner while knowingly under the influence of a hazardous 65.2substance; 65.3    (6) in a negligent manner while any amount of a controlled substance listed in 65.4Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is 65.5present in the person's body; 65.6    (7) where the driver who causes the collision leaves the scene of the collision in 65.7violation of section 169.09, subdivision 1 or 6; or 65.8    (8) where the driver had actual knowledge that a peace officer had previously issued a 65.9citation or warning that the motor vehicle was defectively maintained, the driver had actual 65.10knowledge that remedial action was not taken, the driver had reason to know that the defect 65.11created a present danger to others, and the death was caused by the defective maintenance. 65.12     new text begin (b) If a person is sentenced under paragraph (a) for a violation under paragraph (a), new text end 65.13 new text begin clauses (2) to (6), occurring within ten years of a qualified prior driving offense, the new text end 65.14 new text begin statutory maximum sentence of imprisonment is 15 years. new text end 65.15 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2015, and applies to crimes new text end 65.16 new text begin committed on or after that date. new text end 65.17    Sec. 15. Minnesota Statutes 2014, section 609.2114, subdivision 1, is amended to read: 65.18    Subdivision 1. Death to an unborn child. new text begin (a) Except as provided in paragraph (b), new text end 65.19a person is guilty of criminal vehicular operation resulting in death to an unborn child 65.20and may be sentenced to imprisonment for not more than ten years or to payment of a 65.21fine of not more than $20,000, or both, if the person causes the death of an unborn child 65.22as a result of operating a motor vehicle: 65.23    (1) in a grossly negligent manner; 65.24    (2) in a negligent manner while under the influence of: 65.25    (i) alcohol; 65.26    (ii) a controlled substance; or 65.27    (iii) any combination of those elements; 65.28    (3) while having an alcohol concentration of 0.08 or more; 65.29    (4) while having an alcohol concentration of 0.08 or more, as measured within 65.30two hours of the time of driving; 65.31    (5) in a negligent manner while knowingly under the influence of a hazardous 65.32substance; 65.33    (6) in a negligent manner while any amount of a controlled substance listed in 65.34Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is 65.35present in the person's body; 66.1    (7) where the driver who causes the accident leaves the scene of the accident in 66.2violation of section 169.09, subdivision 1 or 6; or 66.3    (8) where the driver had actual knowledge that a peace officer had previously issued a 66.4citation or warning that the motor vehicle was defectively maintained, the driver had actual 66.5knowledge that remedial action was not taken, the driver had reason to know that the defect 66.6created a present danger to others, and the injury was caused by the defective maintenance. 66.7     new text begin (b) If a person is sentenced under paragraph (a) for a violation under paragraph (a), new text end 66.8 new text begin clauses (2) to (6), occurring within ten years of a qualified prior driving offense, the new text end 66.9 new text begin statutory maximum sentence of imprisonment is 15 years. new text end 66.10 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2015, and applies to crimes new text end 66.11 new text begin committed on or after that date. new text end 66.12    Sec. 16. Minnesota Statutes 2014, section 609.2231, subdivision 3a, is amended to read: 66.13    Subd. 3a. Secure treatment facility personnel. (a) As used in this subdivision, 66.14"secure treatment facility" has the meaning given new text begin includes facilities listed new text end in section 66.15 new text begin sections 253B.02, subdivision 18a, and new text end 253D.02, subdivision 13. 66.16(b) Whoever, while committed under chapter 253D, Minnesota Statutes 2012, 66.17section 253B.185, or Minnesota Statutes 1992, section 526.10, commits either of the 66.18following acts against an employee or other individual who provides care or treatment at a 66.19secure treatment facility while the person is engaged in the performance of a duty imposed 66.20by law, policy, or rule is guilty of a felony and may be sentenced to imprisonment for not 66.21more than two years or to payment of a fine of not more than $4,000, or both: 66.22(1) assaults the person and inflicts demonstrable bodily harm; or 66.23(2) intentionally throws or otherwise transfers bodily fluids or feces at or onto the 66.24person. 66.25 new text begin (c) Whoever, while committed under section 253B.18, or admitted under the new text end 66.26 new text begin provision of section 253B.10, subdivision 1, commits either of the following acts against new text end 66.27 new text begin an employee or other individual who supervises and works directly with patients at a new text end 66.28 new text begin secure treatment facility while the person is engaged in the performance of a duty imposed new text end 66.29 new text begin by law, policy, or rule is guilty of a felony and may be sentenced to imprisonment for not new text end 66.30 new text begin more than two years or to payment of a fine of not more than $4,000, or both: new text end 66.31 new text begin (1) assaults the person and inflicts demonstrable bodily harm; or new text end 66.32 new text begin (2) intentionally throws or otherwise transfers bodily fluids or feces at or onto the new text end 66.33 new text begin person. new text end 66.34(c) new text begin (d) new text end The court shall commit a person convicted of violating paragraph (b) new text begin this new text end 66.35 new text begin subdivision new text end to the custody of the commissioner of corrections for not less than one year 67.1and one day. The court may not, on its own motion or the prosecutor's motion, sentence a 67.2person without regard to this paragraph. A person convicted and sentenced as required by 67.3this paragraph is not eligible for probation, parole, discharge, work release, or supervised 67.4release, until that person has served the full term of imprisonment as provided by law, 67.5notwithstanding the provisions of sections 241.26, 242.19, 243.05, 244.04, 609.12, and 67.6609.135 . 67.7(d) new text begin (e) new text end Notwithstanding the statutory maximum sentence provided in paragraph (b) 67.8 new text begin this subdivision new text end , when a court sentences a person to the custody of the commissioner of 67.9corrections for a violation of paragraph (b) new text begin this subdivision new text end , the court shall provide that 67.10after the person has been released from prison, the commissioner shall place the person on 67.11conditional release for five years. The terms of conditional release are governed by sections 67.12244.05 and 609.3455, subdivision 6, 7, or 8; and Minnesota Statutes 2004, section 609.109. 67.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2015, and applies to crimes new text end 67.14 new text begin committed on or after that date. new text end 67.15    Sec. 17. Minnesota Statutes 2014, section 609.2232, is amended to read: 67.16609.2232 CONSECUTIVE SENTENCES FOR ASSAULTS COMMITTED BY 67.17STATE PRISON new text begin OR PUBLIC INSTITUTION new text end INMATES. 67.18    If an inmate of a state correctional facility new text begin or an inmate receiving medical assistance new text end 67.19 new text begin services while an inpatient in a medical institution under section 256B.055, subdivision new text end 67.20 new text begin 14, paragraph (c), new text end is convicted of violating section 609.221, 609.222, 609.223, 609.2231, 67.21or 609.224, while confined in the facility new text begin or while in the medical institution new text end , the sentence 67.22imposed for the assault shall be executed and run consecutively to any unexpired portion 67.23of the offender's earlier sentence. The inmate is not entitled to credit against the sentence 67.24imposed for the assault for time served in confinement for the earlier sentence. The inmate 67.25shall serve the sentence for the assault in a state correctional facility even if the assault 67.26conviction was for a misdemeanor or gross misdemeanor. 67.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2015, and applies to crimes new text end 67.28 new text begin committed on or after that date. new text end 67.29    Sec. 18. Minnesota Statutes 2014, section 609.324, subdivision 1, is amended to read: 67.30    Subdivision 1. Engaging in, hiring, or agreeing to hire minor to engage in 67.31prostitution; penalties. (a) Whoever intentionally does any of the following may be 67.32sentenced to imprisonment for not more than 20 years or to payment of a fine of not 67.33more than $40,000, or both: 68.1(1) engages in prostitution with an individual under the age of 13 years; or 68.2(2) hires or offers or agrees to hire an individual under the age of 13 years to engage 68.3in sexual penetration or sexual contact. 68.4(b) Whoever intentionally does any of the following may be sentenced to 68.5imprisonment for not more than ten years or to payment of a fine of not more than 68.6$20,000, or both: 68.7(1) engages in prostitution with an individual under the age of 16 years but at least 68.813 years; or 68.9(2) hires or offers or agrees to hire an individual under the age of 16 years but at 68.10least 13 years to engage in sexual penetration or sexual contact. 68.11(c) Whoever intentionally does any of the following may be sentenced to 68.12imprisonment for not more than five years or to payment of a fine of not more than 68.13$10,000, or both: 68.14(1) engages in prostitution with an individual under the age of 18 years but at least 68.1516 years; or 68.16(2) hires or offers or agrees to hire an individual under the age of 18 years but at 68.17least 16 years to engage in sexual penetration or sexual contact new text begin ; or new text end 68.18 new text begin (3) hires or offers or agrees to hire an individual who the actor reasonably believes new text end 68.19 new text begin to be under the age of 18 years to engage in sexual penetration or sexual contact new text end . 68.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2015, and applies to crimes new text end 68.21 new text begin committed on or after that date. new text end 68.22    Sec. 19. Minnesota Statutes 2014, section 609.325, is amended by adding a subdivision 68.23to read: 68.24     new text begin Subd. 3a. new text end new text begin No defense; undercover operative. new text end new text begin The fact that an undercover operative new text end 68.25 new text begin or law enforcement officer was involved in the detection or investigation of an offense new text end 68.26 new text begin shall not be a defense to a prosecution under section 609.324. new text end 68.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2015, and applies to crimes new text end 68.28 new text begin committed on or after that date. new text end 68.29    Sec. 20. Minnesota Statutes 2014, section 609.325, subdivision 4, is amended to read: 68.30    Subd. 4. Affirmative defense. It is an affirmative defense to a charge under section 68.31609.324 new text begin , subdivision 6 or 7, new text end if the defendant proves by a preponderance of the evidence 68.32that the defendant is a labor trafficking victim, as defined in section 609.281, or a sex 68.33trafficking victim, as defined in section 609.321, and that the defendant committed the act 69.1only under compulsion by another who by explicit or implicit threats created a reasonable 69.2apprehension in the mind of the defendant that if the defendant did not commit the act, 69.3the person would inflict bodily harm upon the defendant new text begin acts underlying the charge as a new text end 69.4 new text begin result of being a labor trafficking or sex trafficking victim new text end . 69.5    Sec. 21. Minnesota Statutes 2014, section 609.3451, subdivision 1, is amended to read: 69.6    Subdivision 1. Crime defined. A person is guilty of criminal sexual conduct 69.7in the fifth degree: 69.8(1) if the person engages in nonconsensual sexual contact; or 69.9(2) the person engages in masturbation or lewd exhibition of the genitals in the 69.10presence of a minor under the age of 16, knowing or having reason to know the minor 69.11is present. 69.12For purposes of this section, "sexual contact" has the meaning given in section 69.13609.341, subdivision 11 , paragraph (a), clauses (i) and new text begin , new text end (iv), new text begin and (v), new text end but does not include 69.14the intentional touching of the clothing covering the immediate area of the buttocks. 69.15Sexual contact also includes the intentional removal or attempted removal of clothing 69.16covering the complainant's intimate parts or undergarments, and the nonconsensual 69.17touching by the complainant of the actor's intimate parts, effected by the actor, if the action 69.18is performed with sexual or aggressive intent. 69.19 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2015, and applies to crimes new text end 69.20 new text begin committed on or after that date. new text end 69.21    Sec. 22. Minnesota Statutes 2014, section 609.3471, is amended to read: 69.22609.3471 RECORDS PERTAINING TO VICTIM IDENTITY 69.23CONFIDENTIAL. 69.24Notwithstanding any provision of law to the contrary, no data contained in records or 69.25reports relating to petitions, complaints, or indictments issued pursuant to section new text begin 609.322, new text end 69.26609.342, 609.343, 609.344, 609.345, or 609.3453, which specifically identifies a victim 69.27who is a minor shall be accessible to the public, except by order of the court. Nothing 69.28in this section authorizes denial of access to any other data contained in the records or 69.29reports, including the identity of the defendant. 69.30    Sec. 23. Minnesota Statutes 2014, section 609.475, is amended to read: 69.31609.475 IMPERSONATING OFFICER. 70.1Whoever falsely impersonates a police or military officer new text begin , active or reserve new text end 70.2 new text begin component military service member, veteran, new text end or public official with intent to mislead 70.3another into believing that the impersonator is actually such officer new text begin , service member, new text end 70.4 new text begin veteran, new text end or official is guilty of a misdemeanor. 70.5    Sec. 24. Minnesota Statutes 2014, section 609.531, subdivision 1, is amended to read: 70.6    Subdivision 1. Definitions. For the purpose of sections 609.531 to 609.5318, the 70.7following terms have the meanings given them. 70.8    (a) "Conveyance device" means a device used for transportation and includes, but 70.9is not limited to, a motor vehicle, trailer, snowmobile, airplane, and vessel and any 70.10equipment attached to it. The term "conveyance device" does not include property which 70.11is, in fact, itself stolen or taken in violation of the law. 70.12    (b) "Weapon used" means a dangerous weapon as defined under section 609.02, 70.13subdivision 6 , that the actor used or had in possession in furtherance of a crime. 70.14    (c) "Property" means property as defined in section 609.52, subdivision 1, clause (1). 70.15    (d) "Contraband" means property which is illegal to possess under Minnesota law. 70.16    (e) "Appropriate agency" means the Bureau of Criminal Apprehension, the 70.17Department of Commerce Fraud Bureau, the Minnesota Division of Driver and Vehicle 70.18Services, the Minnesota State Patrol, a county sheriff's department, the Three Rivers Park 70.19District park rangers, the Department of Natural Resources Division of Enforcement, the 70.20University of Minnesota Police Department, the Department of Corrections Fugitive 70.21Apprehension Unit, a city, metropolitan transit, or airport police department; or a 70.22multijurisdictional entity established under section 299A.642 or 299A.681. 70.23    (f) "Designated offense" includes: 70.24    (1) for weapons used: any violation of this chapter, chapter 152 or 624; 70.25    (2) for driver's license or identification card transactions: any violation of section 70.26171.22 ; and 70.27    (3) for all other purposes: a felony violation of, or a felony-level attempt or 70.28conspiracy to violate, section 325E.17; 325E.18; 609.185; 609.19; 609.195; 609.21; 70.29609.221 ; 609.222; 609.223; 609.2231; new text begin 609.2335; new text end 609.24; 609.245; 609.25; 609.255; 70.30609.282 ; 609.283; 609.322; 609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 70.311 , clauses (a) to (f); 609.344, subdivision 1, clauses (a) to (e), and (h) to (j); 609.345, 70.32subdivision 1 , clauses (a) to (e), and (h) to (j); 609.352; 609.42; 609.425; 609.466; 70.33609.485 ; 609.487; 609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 609.561; 70.34609.562 ; 609.563; 609.582; 609.59; 609.595; 609.611; 609.631; 609.66, subdivision 1e; 70.35609.671, subdivisions 3 , 4, 5, 8, and 12; 609.687; 609.821; 609.825; 609.86; 609.88; 71.1609.89 ; 609.893; 609.895; 617.246; 617.247; or a gross misdemeanor or felony violation 71.2of section 609.891 or 624.7181; or any violation of section 609.324. 71.3    (g) "Controlled substance" has the meaning given in section 152.01, subdivision 4. 71.4(h) "Prosecuting authority" means the attorney who is responsible for prosecuting an 71.5offense that is the basis for a forfeiture under sections 609.531 to 609.5318. 71.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2015, and applies to crimes new text end 71.7 new text begin committed on or after that date. new text end 71.8    Sec. 25. new text begin [609.5634] REAL OR PERSONAL PROPERTY ARSON RESULTING new text end 71.9 new text begin IN BODILY HARM. new text end 71.10     new text begin Subdivision 1. new text end new text begin Penalty; felony. new text end new text begin Whoever, by means of fire or explosives, new text end 71.11 new text begin intentionally sets fire to or burns any real or personal property and the fire or explosion new text end 71.12 new text begin proximately causes bodily harm to any person, including a public safety officer performing new text end 71.13 new text begin official duties, shall be sentenced as follows: new text end 71.14 new text begin (1) if the injury results in great bodily harm, the person shall be sentenced to new text end 71.15 new text begin imprisonment for not more than 20 years or to payment of a fine of not more than $20,000, new text end 71.16 new text begin or both; new text end 71.17 new text begin (2) if the injury results in substantial bodily harm, the person shall be sentenced new text end 71.18 new text begin to imprisonment for not more than ten years or to payment of a fine of not more than new text end 71.19 new text begin $15,000, or both; and new text end 71.20 new text begin (3) if the injury results in demonstrable bodily harm, the person shall be sentenced new text end 71.21 new text begin to imprisonment for not more than five years or to payment of a fine of not more than new text end 71.22 new text begin $10,000, or both. new text end 71.23     new text begin Subd. 2. new text end new text begin Definitions. new text end new text begin (a) As used in this section, "personal property" does not new text end 71.24 new text begin include items where fire is involved in its normally intended use or repair, such as the wick new text end 71.25 new text begin of a candle, solder or flux in the act of welding, or logs in a campfire. new text end 71.26 new text begin (b) As used in this section, "public safety officer" has the meaning given in section new text end 71.27 new text begin 299A.41, subdivision 4. new text end 71.28 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2015, and applies to crimes new text end 71.29 new text begin committed on or after that date. new text end 71.30    Sec. 26. Minnesota Statutes 2014, section 609.564, is amended to read: 71.31609.564 EXCLUDED FIRES. 72.1A person does not violate section 609.561, 609.562, 609.563, new text begin 609.5634, new text end or 609.5641 72.2if the person sets a fire pursuant to a validly issued license or permit or with written 72.3permission from the fire department of the jurisdiction where the fire occurs. 72.4 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2015, and applies to crimes new text end 72.5 new text begin committed on or after that date. new text end 72.6    Sec. 27. Minnesota Statutes 2014, section 609.5641, subdivision 1a, is amended to read: 72.7    Subd. 1a. Penalty; felonies. (a) Except as provided in paragraphs (b), (c), and (d), a 72.8person who violates subdivision 1 may be sentenced to imprisonment for not more than 72.9five years or to payment of a fine of not more than $10,000, or both. 72.10(b) A person who violates subdivision 1 where the fire threatens to damage or 72.11damages in excess of five buildings or dwellings, burns 500 acres or more, or damages 72.12crops in excess of $100,000, may be sentenced to imprisonment for not more than ten 72.13years or to payment of a fine of not more than $15,000, or both. 72.14(c) A person who violates subdivision 1 where the fire threatens to damage or 72.15damages in excess of 100 buildings or dwellings, burns 1,500 acres or more, or damages 72.16crops in excess of $250,000, may be sentenced to imprisonment for not more than 20 years 72.17or to payment of a fine of not more than $25,000, or both. 72.18(d) A person who violates subdivision 1 where the fire causes another person to 72.19suffer demonstrable bodily harm may be sentenced to imprisonment for not more than 72.20ten years or to payment of a fine of $15,000, or both new text begin as provided in section 609.5634, new text end 72.21 new text begin subdivision 1, clauses (1) to (3) new text end . 72.22(e) For purposes of this section, a building or dwelling is threatened when there is a 72.23probability of damage to the building or dwelling requiring evacuation for safety of life. 72.24 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2015, and applies to crimes new text end 72.25 new text begin committed on or after that date. new text end 72.26    Sec. 28. new text begin [609.688] ADULTERATION BY BODILY FLUID. new text end 72.27     new text begin Subdivision 1. new text end new text begin Definition. new text end new text begin (a) As used in this section, the following terms have new text end 72.28 new text begin the meanings given. new text end 72.29 new text begin (b) "Adulterates" is the intentional adding of a bodily fluid to a substance. new text end 72.30 new text begin (c) "Bodily fluid" means the blood, seminal fluid, vaginal fluid, urine, or feces of new text end 72.31 new text begin a human. new text end 73.1     new text begin Subd. 2. new text end new text begin Crime. new text end new text begin (a) Whoever adds saliva to any substance that the person knows or new text end 73.2 new text begin should know is intended for human consumption and another person ingests the substance new text end 73.3 new text begin without knowledge of the saliva being added is guilty of a misdemeanor. new text end 73.4 new text begin (b) Whoever adulterates any substance that the person knows or should know is new text end 73.5 new text begin intended for human consumption is guilty of a misdemeanor. new text end 73.6 new text begin (c) Whoever violates paragraph (b) and another person ingests the adulterated new text end 73.7 new text begin substance without knowledge of the adulteration is guilty of a gross misdemeanor. new text end 73.8 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2015, and applies to crimes new text end 73.9 new text begin committed on or after that date. new text end 73.10    Sec. 29. Minnesota Statutes 2014, section 609.746, is amended by adding a subdivision 73.11to read: 73.12     new text begin Subd. 1a. new text end new text begin Nonconsensual photographs and videos. new text end new text begin (a) A person who knowingly new text end 73.13 new text begin takes a photograph, records a digital image, makes a video record, or transmits live video new text end 73.14 new text begin of another person, without that person's consent, in a restroom, locker room, or changing new text end 73.15 new text begin room is guilty of a crime and may be sentenced as provided in paragraphs (c), (d), and (e). new text end 73.16 new text begin (b) A person who knowingly disseminates, or permits to be disseminated, a new text end 73.17 new text begin photograph, digital image, video record, or live video that the person knows to have been new text end 73.18 new text begin made or transmitted in violation of paragraph (a) or subdivision 1 is guilty of a crime and new text end 73.19 new text begin may be sentenced as provided in paragraphs (f), (g), and (h). new text end 73.20 new text begin (c) Except as provided in paragraphs (d) and (e), a person who violates paragraph (a) new text end 73.21 new text begin is guilty of a gross misdemeanor. new text end 73.22 new text begin (d) A person who violates paragraph (a) and the victim is a minor under the age of new text end 73.23 new text begin 18 is guilty of a felony and may be sentenced to imprisonment for not more than 36 new text end 73.24 new text begin months or to payment of a fine of not more than $10,000, or both. new text end 73.25 new text begin (e) A person who violates paragraph (a) and who is required to register as a predatory new text end 73.26 new text begin offender under the laws of this state or another jurisdiction is guilty of a felony and may new text end 73.27 new text begin be sentenced to imprisonment for not more than 36 months or to payment of a fine of new text end 73.28 new text begin not more than $10,000, or both. new text end 73.29 new text begin (f) Except as provided in paragraphs (g) and (h), a person who violates paragraph (b) new text end 73.30 new text begin is guilty of a felony and may be sentenced to imprisonment for not more than 36 months new text end 73.31 new text begin or to payment of a fine of not more than $10,000, or both. new text end 73.32 new text begin (g) A person who violates paragraph (b) and the victim is a minor under the age of new text end 73.33 new text begin 18 is guilty of a felony and may be sentenced to imprisonment for not more than 60 new text end 73.34 new text begin months or to payment of a fine of not more than $20,000, or both. new text end 74.1 new text begin (h) A person who violates paragraph (b) and who is required to register as a new text end 74.2 new text begin predatory offender under the laws of this state or another jurisdiction is guilty of a felony new text end 74.3 new text begin and may be sentenced to imprisonment for not more than 60 months or to payment of new text end 74.4 new text begin a fine of not more than $20,000, or both. new text end 74.5 new text begin (i) This subdivision does not apply to: new text end 74.6 new text begin (1) law enforcement officers or corrections investigators, or to those acting under new text end 74.7 new text begin their direction, while engaged in the performance of their lawful duties; or new text end 74.8 new text begin (2) the owner of a commercial establishment and the owner's employees if the owner new text end 74.9 new text begin has posted conspicuous signs warning that the premises are under surveillance by the new text end 74.10 new text begin owner or the owner's employees and the recording and dissemination of a photograph, new text end 74.11 new text begin digital image, video record, or live video are necessary to protect the safety of employees new text end 74.12 new text begin or customers or to secure the establishment's property, including merchandise. new text end 74.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2015, and applies to crimes new text end 74.14 new text begin committed on or after that date. new text end 74.15    Sec. 30. Minnesota Statutes 2014, section 609.765, is amended to read: 74.16609.765 CRIMINAL DEFAMATION. 74.17    Subdivision 1. Definition. Defamatory matter is anything which exposes a person 74.18or a group, class or association to hatred, contempt, ridicule, degradation or disgrace in 74.19society, or injury to business or occupation. 74.20    Subd. 2. Acts constituting. Whoever with knowledge of its new text begin false and new text end defamatory 74.21character orally, in writing or by any other means, communicates any new text begin false and new text end defamatory 74.22matter to a third person without the consent of the person defamed is guilty of criminal 74.23defamation and may be sentenced to imprisonment for not more than one year or to 74.24payment of a fine of not more than $3,000, or both. 74.25    Subd. 3. Justification. Violation of subdivision 2 is justified if: 74.26(1) the defamatory matter is true and is communicated with good motives and for 74.27justifiable ends; or 74.28(2) new text begin (1) new text end the communication is absolutely privileged; or 74.29(3) new text begin (2) new text end the communication consists of fair comment made in good faith with respect 74.30to persons participating in matters of public concern; or 74.31(4) new text begin (3) new text end the communication consists of a fair and true report or a fair summary of any 74.32judicial, legislative or other public or official proceedings; or 75.1(5) new text begin (4) new text end the communication is between persons each having an interest or duty with 75.2respect to the subject matter of the communication and is made with intent to further 75.3such interest or duty. 75.4    Subd. 4. Testimony required. No person shall be convicted on the basis of an oral 75.5communication of defamatory matter except upon the testimony of at least two other 75.6persons that they heard and understood the oral statement as defamatory or upon a plea 75.7of guilty. 75.8    Sec. 31. Minnesota Statutes 2014, section 611A.26, subdivision 1, is amended to read: 75.9    Subdivision 1. Polygraph prohibition. No law enforcement agency or prosecutor 75.10shall require that a complainant of a criminal sexual conduct new text begin or sex trafficking new text end offense 75.11submit to a polygraph examination as part of or a condition to proceeding with the 75.12investigation, charging, or prosecution of such offense. 75.13    Sec. 32. Minnesota Statutes 2014, section 611A.26, subdivision 6, is amended to read: 75.14    Subd. 6. Definitions. For the purposes of this section, the following terms have 75.15the meanings given. 75.16    (a) "Criminal sexual conduct" means a violation of section 609.342, 609.343, 75.17609.344 , 609.345, or 609.3451. 75.18    (b) new text begin "Sex trafficking" means a violation of section 609.322. new text end 75.19     new text begin (c) new text end "Complainant" means a person reporting to have been subjected to criminal 75.20sexual conduct new text begin or sex trafficking new text end . 75.21    (c) new text begin (d) new text end "Polygraph examination" means any mechanical or electrical instrument or 75.22device of any type used or allegedly used to examine, test, or question individuals for 75.23the purpose of determining truthfulness. 75.24    Sec. 33. Minnesota Statutes 2014, section 617.242, subdivision 6, is amended to read: 75.25    Subd. 6. Restrictions on ownership or management by persons convicted of 75.26certain crimes. A person who has been convicted of one of the following offenses may 75.27not operate or manage an adult business establishment for three years after discharge of 75.28the sentence for the offense, or a similar offense in another state or jurisdiction: 75.29(1) prostitution new text begin or sex trafficking new text end under section 609.321; new text begin 609.322; new text end 609.324; or 75.30609.3242; 75.31(2) criminal sexual conduct under sections 609.342 to 609.3451; 75.32(3) solicitation of children under section 609.352; 75.33(4) indecent exposure under section 617.23; 76.1(5) distribution or exhibition of obscene materials and performances under section 76.2617.241; 76.3(6) use of a minor in a sexual performance under section 617.246; or 76.4(7) possession of pornographic work involving minors under section 617.247. 76.5    Sec. 34. Minnesota Statutes 2014, section 628.26, is amended to read: 76.6628.26 LIMITATIONS. 76.7(a) Indictments or complaints for any crime resulting in the death of the victim may 76.8be found or made at any time after the death of the person killed. 76.9(b) Indictments or complaints for a violation of section 609.25 may be found or 76.10made at any time after the commission of the offense. 76.11(c) Indictments or complaints for violation of section 609.282 may be found or made 76.12at any time after the commission of the offense if the victim was under the age of 18 at 76.13the time of the offense. 76.14(d) Indictments or complaints for violation of section 609.282 where the victim 76.15was 18 years of age or older at the time of the offense, or 609.42, subdivision 1, clause 76.16(1) or (2), shall be found or made and filed in the proper court within six years after 76.17the commission of the offense. 76.18(e) Indictments or complaints for violation of sections new text begin 609.322 and new text end 609.342 to 76.19609.345 new text begin , new text end if the victim was under the age of 18 years at the time the offense was committed, 76.20shall be found or made and filed in the proper court within the later of nine years after 76.21the commission of the offense or three years after the offense was reported to law 76.22enforcement authorities. 76.23(f) Notwithstanding the limitations in paragraph (e), indictments or complaints for 76.24violation of sections new text begin 609.322 and new text end 609.342 to 609.344 may be found or made and filed 76.25in the proper court at any time after commission of the offense, if physical evidence is 76.26collected and preserved that is capable of being tested for its DNA characteristics. If 76.27this evidence is not collected and preserved and the victim was 18 years old or older 76.28at the time of the offense, the prosecution must be commenced within nine years after 76.29the commission of the offense. 76.30(g) Indictments or complaints for violation of sections 609.466 and 609.52, 76.31subdivision 2 , clause (3), item (iii), shall be found or made and filed in the proper court 76.32within six years after the commission of the offense. 76.33(h) Indictments or complaints for violation of section 609.2335, 609.52, subdivision 76.342 , clause (3), items (i) and (ii), (4), (15), or (16), 609.631, or 609.821, where the value of 77.1the property or services stolen is more than $35,000, shall be found or made and filed in 77.2the proper court within five years after the commission of the offense. 77.3(i) Except for violations relating to false material statements, representations or 77.4omissions, indictments or complaints for violations of section 609.671 shall be found or 77.5made and filed in the proper court within five years after the commission of the offense. 77.6(j) Indictments or complaints for violation of sections 609.561 to 609.563, shall 77.7be found or made and filed in the proper court within five years after the commission 77.8of the offense. 77.9(k) In all other cases, indictments or complaints shall be found or made and filed in 77.10the proper court within three years after the commission of the offense. 77.11(l) The limitations periods contained in this section shall exclude any period of time 77.12during which the defendant was not an inhabitant of or usually resident within this state. 77.13(m) The limitations periods contained in this section for an offense shall not include 77.14any period during which the alleged offender participated under a written agreement in a 77.15pretrial diversion program relating to that offense. 77.16(n) The limitations periods contained in this section shall not include any period 77.17of time during which physical evidence relating to the offense was undergoing DNA 77.18analysis, as defined in section 299C.155, unless the defendant demonstrates that the 77.19prosecuting or law enforcement agency purposefully delayed the DNA analysis process in 77.20order to gain an unfair advantage. 77.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2015, and applies to crimes new text end 77.22 new text begin committed on or after that date and to crimes committed before that date if the limitations new text end 77.23 new text begin period for the crime did not expire before August 1, 2015. new text end 77.24    Sec. 35. new text begin JACQUELYN DEVNEY AND THOMAS CONSIDINE ROADWAY new text end 77.25 new text begin SAFETY ACT. new text end 77.26 new text begin Sections 2 and 3 may be cited as the Jacquelyn Devney and Thomas Considine new text end 77.27 new text begin Roadway Safety Act. new text end 77.28    Sec. 36. new text begin REVISOR'S INSTRUCTION. new text end 77.29 new text begin The revisor of statutes shall make cross-reference changes in Minnesota Statutes new text end 77.30 new text begin consistent with re-coding changes made in sections 14 and 15. new text end 78.1ARTICLE 7 78.2DISASTER ASSISTANCE 78.3    Section 1. Minnesota Statutes 2014, section 12.221, subdivision 6, is amended to read: 78.4    Subd. 6. Disaster assistance contingency account; appropriation. (a) A disaster 78.5assistance contingency account is created in the special revenue fund in the state treasury. 78.6Money in the disaster assistance contingency account is appropriated to the commissioner 78.7of public safety to provide: 78.8(1) cost-share for federal assistance under section 12A.15, subdivision 1; and 78.9(2) state public disaster assistance to eligible applicants under chapter 12B. new text begin ; new text end 78.10 new text begin (3) cost-share for federal assistance from the Federal Highway Administration new text end 78.11 new text begin emergency relief program under United States Code, title 23, section 125; and new text end 78.12 new text begin (4) cost-share for federal assistance from the United States Department of new text end 78.13 new text begin Agriculture, Natural Resources Conservation Service emergency watershed protection new text end 78.14 new text begin program under United States Code, title 16, sections 2203 to 2205. new text end 78.15(b) For appropriations under paragraph (a), clause (1), the amount appropriated is 78.16100 percent of any nonfederal share for state agencies and local governments. Money 78.17appropriated under paragraph (a), clause (1), may be used to pay all or a portion of the 78.18nonfederal share for publicly owned capital improvement projects. 78.19(c) For appropriations under paragraph (a), clause (2), the amount appropriated 78.20is the amount required to pay eligible claims under chapter 12B, as certified by the 78.21commissioner of public safety. 78.22(d) By January 15 of each year, the commissioner of management and budget shall 78.23submit a report to the chairs and ranking minority members of the house of representatives 78.24Ways and Means Committee and the senate Finance Committee detailing state disaster 78.25assistance appropriations and expenditures under this subdivision during the previous 78.26calendar year. 78.27(e) The governor's budget proposal submitted to the legislature under section 16A.11 78.28must include recommended appropriations to the disaster assistance contingency account. 78.29The governor's appropriation recommendations must be informed by the commissioner of 78.30public safety's estimate of the amount of money that will be necessary to: 78.31(1) provide 100 percent of the nonfederal share for state agencies and local 78.32governments that will receive federal financial assistance from FEMA during the next 78.33biennium; and 78.34(2) fully pay all eligible claims under chapter 12B. 78.35(f) Notwithstanding section 16A.28: 79.1(1) funds appropriated or transferred to the disaster assistance contingency account 79.2do not lapse but remain in the account until appropriated; and 79.3(2) funds appropriated from the disaster assistance contingency account do not lapse 79.4and are available until expended. 79.5    Sec. 2. Minnesota Statutes 2014, section 12A.15, subdivision 1, is amended to read: 79.6    Subdivision 1. State cost-share for federal assistance. State appropriations may be 79.7used to pay 100 percent of the nonfederal share for state agencies and new text begin , new text end local governments new text begin , new text end 79.8 new text begin and utility cooperatives new text end under section 12.221. An appropriation from the bond proceeds 79.9fund may be used as cost-share for federal disaster assistance for publicly owned capital 79.10improvement projects. 79.11    Sec. 3. Minnesota Statutes 2014, section 12B.15, subdivision 2, is amended to read: 79.12    Subd. 2. Applicant. "Applicant" means a local government new text begin or state government new text end 79.13 new text begin agency new text end that applies for state disaster assistance under this chapter. 79.14    Sec. 4. Minnesota Statutes 2014, section 12B.15, is amended by adding a subdivision 79.15to read: 79.16     new text begin Subd. 3a. new text end new text begin County. new text end new text begin "County" or "county government" means each county in which new text end 79.17 new text begin a governmental unit is located in whole or in part, or a county board of commissioners new text end 79.18 new text begin as defined in chapter 375. new text end 79.19    Sec. 5. Minnesota Statutes 2014, section 12B.25, subdivision 1, is amended to read: 79.20    Subdivision 1. Payment required; eligibility criteria. The director, serving as 79.21the governor's authorized representative, may enter into grant agreements with eligible 79.22applicants to provide state financial assistance made available as a result of a disaster 79.23that satisfies all of the following criteria: 79.24(1) the state or applicable local new text begin county new text end government declares a disaster or emergency 79.25during the incident period; 79.26(2) damages suffered and eligible costs incurred are the direct result of the disaster; 79.27(3) federal disaster assistance is not available to the applicant because the governor 79.28did not request a presidential declaration of major disaster, the president denied the 79.29governor's request, or the applicant is not eligible for federal disaster assistance because 79.30the state or county did not meet the per capita impact indicator under FEMA's Public 79.31Assistance Program; 80.1(4) the applicant incurred eligible damages that, on a per capita basis, equal or 80.2exceed 50 percent of the countywide per capita impact indicator under FEMA's Public 80.3Assistance Program; 80.4(5) the applicant assumes responsibility for 25 percent of the applicant's total 80.5eligible costs; and 80.6(6) the applicant satisfies all requirements in this chapter. 80.7    Sec. 6. Minnesota Statutes 2014, section 12B.40, is amended to read: 80.812B.40 APPLICATION PROCESS. 80.9(a) The director must develop application materials and may update the materials as 80.10needed. Application materials must include instructions and requirements for assistance 80.11under this chapter. 80.12(b) An applicant new text begin A county government new text end has 30 days from the end of the incident 80.13period or the president's official denial of the governor's request for a declaration of a 80.14major disaster to provide the director with written notice of intent to apply new text begin request that new text end 80.15 new text begin the governor declare a state disaster new text end . The director may deny an application due to a late 80.16notice of intent to apply new text begin a late request new text end . new text begin The county government's request for a state new text end 80.17 new text begin disaster declaration must include: new text end 80.18 new text begin (1) the cause, location of damage, and incident period; new text end 80.19 new text begin (2) documentation of a local, tribal, county, or state disaster or emergency new text end 80.20 new text begin declaration in response to the disaster; new text end 80.21 new text begin (3) a description of damages, an initial damage assessment, and the amount of new text end 80.22 new text begin eligible costs incurred by the applicant; new text end 80.23 new text begin (4) a statement or evidence that the applicant has the ability to pay for at least 25 new text end 80.24 new text begin percent of total eligible costs incurred from the disaster; and new text end 80.25 new text begin (5) a statement or evidence that the local government has incurred damages equal to new text end 80.26 new text begin or exceeding 50 percent of the federal countywide threshold in effect during the incident new text end 80.27 new text begin period. new text end 80.28(c) Within new text begin An applicant has new text end 60 days after the end of the incident period or the 80.29president's official denial of new text begin from new text end the governor's request for a declaration of a major new text begin state new text end 80.30disaster, the applicant must new text begin to new text end submit a complete application new text begin for state public disaster new text end 80.31 new text begin assistance new text end to the director. A complete application includes the following: 80.32(1) the cause, location of damage, and incident period; 80.33(2) documentation of a local, tribal, county, or state disaster or emergency 80.34declaration in response to the disaster; 81.1(3) a description of damages, an initial damage assessment, and the amount of 81.2eligible costs incurred by the applicant; 81.3(4) a statement or evidence that the applicant has the ability to pay for at least 25 81.4percent of total eligible costs incurred from the disaster; and 81.5(5) a statement or evidence that the local government has incurred damages equal to 81.6or exceeding 50 percent of the federal countywide threshold in effect during the incident 81.7period. 81.8(d) The director must review the application and supporting documentation for 81.9completeness and may return the application with a request for more detailed information. 81.10The director may consult with local public officials to ensure the application reflects the 81.11extent and magnitude of the damage and to reconcile any differences. The application is 81.12not complete until the director receives all requested information. 81.13(e) If the director returns an application with a request for more detailed information 81.14or for correction of deficiencies, the applicant must submit all required information within 81.1530 days of the applicant's receipt of the director's request. The applicant's failure to 81.16provide the requested information in a timely manner without a reasonable explanation 81.17may be cause for denial of the application. 81.18(f) The director has no more than 60 days from the receipt of a complete application 81.19to approve or deny the application, or the application is deemed approved. If the director 81.20denies an application, the director must send a denial letter. If the director approves an 81.21application or the application is automatically deemed approved after 60 days, the director 81.22must notify the applicant of the steps necessary to obtain reimbursement of eligible 81.23costs, including submission of invoices or other documentation substantiating the costs 81.24submitted for reimbursement. 81.25ARTICLE 8 81.26CONTROLLED SUBSTANCES 81.27    Section 1. Minnesota Statutes 2014, section 152.02, subdivision 2, is amended to read: 81.28    Subd. 2. Schedule I. (a) Schedule I consists of the substances listed in this 81.29subdivision. 81.30(b) Opiates. Unless specifically excepted or unless listed in another schedule, any of 81.31the following substances, including their analogs, isomers, esters, ethers, salts, and salts 81.32of isomers, esters, and ethers, whenever the existence of the analogs, isomers, esters, 81.33ethers, and salts is possible: 81.34(1) acetylmethadol; 81.35(2) allylprodine; 82.1(3) alphacetylmethadol (except levo-alphacetylmethadol, also known as 82.2levomethadyl acetate); 82.3(4) alphameprodine; 82.4(5) alphamethadol; 82.5(6) alpha-methylfentanyl benzethidine; 82.6(7) betacetylmethadol; 82.7(8) betameprodine; 82.8(9) betamethadol; 82.9(10) betaprodine; 82.10(11) clonitazene; 82.11(12) dextromoramide; 82.12(13) diampromide; 82.13(14) diethyliambutene; 82.14(15) difenoxin; 82.15(16) dimenoxadol; 82.16(17) dimepheptanol; 82.17(18) dimethyliambutene; 82.18(19) dioxaphetyl butyrate; 82.19(20) dipipanone; 82.20(21) ethylmethylthiambutene; 82.21(22) etonitazene; 82.22(23) etoxeridine; 82.23(24) furethidine; 82.24(25) hydroxypethidine; 82.25(26) ketobemidone; 82.26(27) levomoramide; 82.27(28) levophenacylmorphan; 82.28(29) 3-methylfentanyl; 82.29(30) acetyl-alpha-methylfentanyl; 82.30(31) alpha-methylthiofentanyl; 82.31(32) benzylfentanyl beta-hydroxyfentanyl; 82.32(33) beta-hydroxy-3-methylfentanyl; 82.33(34) 3-methylthiofentanyl; 82.34(35) thenylfentanyl; 82.35(36) thiofentanyl; 82.36(37) para-fluorofentanyl; 83.1(38) morpheridine; 83.2(39) 1-methyl-4-phenyl-4-propionoxypiperidine; 83.3(40) noracymethadol; 83.4(41) norlevorphanol; 83.5(42) normethadone; 83.6(43) norpipanone; 83.7(44) 1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine (PEPAP); 83.8(45) phenadoxone; 83.9(46) phenampromide; 83.10(47) phenomorphan; 83.11(48) phenoperidine; 83.12(49) piritramide; 83.13(50) proheptazine; 83.14(51) properidine; 83.15(52) propiram; 83.16(53) racemoramide; 83.17(54) tilidine; 83.18(55) trimeperidine; 83.19(56) N-(1-Phenethylpiperidin-4-yl)-N-phenylacetamide (acetyl fentanyl). 83.20(c) Opium derivatives. Any of the following substances, their analogs, salts, isomers, 83.21and salts of isomers, unless specifically excepted or unless listed in another schedule, 83.22whenever the existence of the analogs, salts, isomers, and salts of isomers is possible: 83.23(1) acetorphine; 83.24(2) acetyldihydrocodeine; 83.25(3) benzylmorphine; 83.26(4) codeine methylbromide; 83.27(5) codeine-n-oxide; 83.28(6) cyprenorphine; 83.29(7) desomorphine; 83.30(8) dihydromorphine; 83.31(9) drotebanol; 83.32(10) etorphine; 83.33(11) heroin; 83.34(12) hydromorphinol; 83.35(13) methyldesorphine; 83.36(14) methyldihydromorphine; 84.1(15) morphine methylbromide; 84.2(16) morphine methylsulfonate; 84.3(17) morphine-n-oxide; 84.4(18) myrophine; 84.5(19) nicocodeine; 84.6(20) nicomorphine; 84.7(21) normorphine; 84.8(22) pholcodine; 84.9(23) thebacon. 84.10(d) Hallucinogens. Any material, compound, mixture or preparation which contains 84.11any quantity of the following substances, their analogs, salts, isomers (whether optical, 84.12positional, or geometric), and salts of isomers, unless specifically excepted or unless listed 84.13in another schedule, whenever the existence of the analogs, salts, isomers, and salts of 84.14isomers is possible: 84.15(1) methylenedioxy amphetamine; 84.16(2) methylenedioxymethamphetamine; 84.17(3) methylenedioxy-N-ethylamphetamine (MDEA); 84.18(4) n-hydroxy-methylenedioxyamphetamine; 84.19(5) 4-bromo-2,5-dimethoxyamphetamine (DOB); 84.20(6) 2,5-dimethoxyamphetamine (2,5-DMA); 84.21(7) 4-methoxyamphetamine; 84.22(8) 5-methoxy-3, 4-methylenedioxyamphetamine; 84.23(9) alpha-ethyltryptamine; 84.24(10) bufotenine; 84.25(11) diethyltryptamine; 84.26(12) dimethyltryptamine; 84.27(13) 3,4,5-trimethoxyamphetamine; 84.28(14) 4-methyl-2, 5-dimethoxyamphetamine (DOM); 84.29(15) ibogaine; 84.30(16) lysergic acid diethylamide (LSD); 84.31(17) mescaline; 84.32(18) parahexyl; 84.33(19) N-ethyl-3-piperidyl benzilate; 84.34(20) N-methyl-3-piperidyl benzilate; 84.35(21) psilocybin; 84.36(22) psilocyn; 85.1(23) tenocyclidine (TPCP or TCP); 85.2(24) N-ethyl-1-phenyl-cyclohexylamine (PCE); 85.3(25) 1-(1-phenylcyclohexyl) pyrrolidine (PCPy); 85.4(26) 1-[1-(2-thienyl)cyclohexyl]-pyrrolidine (TCPy); 85.5(27) 4-chloro-2,5-dimethoxyamphetamine (DOC); 85.6(28) 4-ethyl-2,5-dimethoxyamphetamine (DOET); 85.7(29) 4-iodo-2,5-dimethoxyamphetamine (DOI); 85.8(30) 4-bromo-2,5-dimethoxyphenethylamine (2C-B); 85.9(31) 4-chloro-2,5-dimethoxyphenethylamine (2C-C); 85.10(32) 4-methyl-2,5-dimethoxyphenethylamine (2C-D); 85.11(33) 4-ethyl-2,5-dimethoxyphenethylamine (2C-E); 85.12(34) 4-iodo-2,5-dimethoxyphenethylamine (2C-I); 85.13(35) 4-propyl-2,5-dimethoxyphenethylamine (2C-P); 85.14(36) 4-isopropylthio-2,5-dimethoxyphenethylamine (2C-T-4); 85.15(37) 4-propylthio-2,5-dimethoxyphenethylamine (2C-T-7); 85.16(38) 2-(8-bromo-2,3,6,7-tetrahydrofuro [2,3-f][1]benzofuran-4-yl)ethanamine 85.17(2-CB-FLY); 85.18(39) bromo-benzodifuranyl-isopropylamine (Bromo-DragonFLY); 85.19(40) alpha-methyltryptamine (AMT); 85.20(41) N,N-diisopropyltryptamine (DiPT); 85.21(42) 4-acetoxy-N,N-dimethyltryptamine (4-AcO-DMT); 85.22(43) 4-acetoxy-N,N-diethyltryptamine (4-AcO-DET); 85.23(44) 4-hydroxy-N-methyl-N-propyltryptamine (4-HO-MPT); 85.24(45) 4-hydroxy-N,N-dipropyltryptamine (4-HO-DPT); 85.25(46) 4-hydroxy-N,N-diallyltryptamine (4-HO-DALT); 85.26(47) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT); 85.27(48) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DiPT); 85.28(49) 5-methoxy-α-methyltryptamine (5-MeO-AMT); 85.29(50) 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT); 85.30(51) 5-methylthio-N,N-dimethyltryptamine (5-MeS-DMT); 85.31(52) 5-methoxy-N-methyl-N-propyltryptamine (5-MeO-MiPT); 85.32(53) 5-methoxy-α-ethyltryptamine (5-MeO-AET); 85.33(54) 5-methoxy-N,N-dipropyltryptamine (5-MeO-DPT); 85.34(55) 5-methoxy-N,N-diethyltryptamine (5-MeO-DET); 85.35(56) 5-methoxy-N,N-diallyltryptamine (5-MeO-DALT); 85.36(57) methoxetamine (MXE); 86.1(58) 5-iodo-2-aminoindane (5-IAI); 86.2(59) 5,6-methylenedioxy-2-aminoindane (MDAI); 86.3(60) 2-(4-iodo-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine 86.4 new text begin (60) 2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine new text end 86.5 new text begin (25B-NBOMe); new text end 86.6 new text begin (61) 2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine new text end 86.7 new text begin (25C-NBOMe); new text end 86.8 new text begin (62) 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine new text end 86.9(25I-NBOMe). new text begin ; new text end 86.10 new text begin (63) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H); new text end 86.11 new text begin (64) 2-(4-Ethylthio-2,5-dimethoxyphenyl)ethanamine (2C-T-2); new text end 86.12(e) Peyote. All parts of the plant presently classified botanically as Lophophora 86.13williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part 86.14of the plant, and every compound, manufacture, salts, derivative, mixture, or preparation 86.15of the plant, its seeds or extracts. The listing of peyote as a controlled substance in 86.16Schedule I does not apply to the nondrug use of peyote in bona fide religious ceremonies 86.17of the American Indian Church, and members of the American Indian Church are exempt 86.18from registration. Any person who manufactures peyote for or distributes peyote to the 86.19American Indian Church, however, is required to obtain federal registration annually and 86.20to comply with all other requirements of law. 86.21(f) Central nervous system depressants. Unless specifically excepted or unless listed 86.22in another schedule, any material compound, mixture, or preparation which contains any 86.23quantity of the following substances, their analogs, salts, isomers, and salts of isomers 86.24whenever the existence of the analogs, salts, isomers, and salts of isomers is possible: 86.25(1) mecloqualone; 86.26(2) methaqualone; 86.27(3) gamma-hydroxybutyric acid (GHB), including its esters and ethers; 86.28(4) flunitrazepam. 86.29(g) Stimulants. Unless specifically excepted or unless listed in another schedule, any 86.30material compound, mixture, or preparation which contains any quantity of the following 86.31substances, their analogs, salts, isomers, and salts of isomers whenever the existence of 86.32the analogs, salts, isomers, and salts of isomers is possible: 86.33    (1) aminorex; 86.34(2) cathinone; 86.35(3) fenethylline; 86.36    (4) methcathinone; 87.1(5) methylaminorex; 87.2(6) N,N-dimethylamphetamine; 87.3(7) N-benzylpiperazine (BZP); 87.4(8) methylmethcathinone (mephedrone); 87.5(9) 3,4-methylenedioxy-N-methylcathinone (methylone); 87.6(10) methoxymethcathinone (methedrone); 87.7(11) methylenedioxypyrovalerone (MDPV); 87.8(12) fluoromethcathinone new text begin 3-fluoro-N-methylcathinone (3-FMC) new text end ; 87.9(13) methylethcathinone (MEC); 87.10(14) 1-benzofuran-6-ylpropan-2-amine (6-APB); 87.11(15) dimethylmethcathinone (DMMC); 87.12(16) fluoroamphetamine; 87.13(17) fluoromethamphetamine; 87.14(18) α-methylaminobutyrophenone (MABP or buphedrone); 87.15(19) β-keto-N-methylbenzodioxolylpropylamine (bk-MBDB or butylone) 87.16 new text begin 1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one (butylone) new text end ; 87.17(20) 2-(methylamino)-1-(4-methylphenyl)butan-1-one (4-MEMABP or BZ-6378); 87.18(21) naphthylpyrovalerone (naphyrone) new text begin 1-(naphthalen-2-yl)-2-(pyrrolidin-1-yl) new text end 87.19 new text begin pentan-1-one (naphthylpyrovalerone or naphyrone) new text end ; 87.20(22) (RS)-1-phenyl-2-(1-pyrrolidinyl)-1-pentanone (alpha-PVP or 87.21alpha-pyrrolidinovalerophenone new text begin (alpha-pyrrolidinopentiophenone (alpha-PVP) new text end ; 87.22(23) (RS)-1-(4-methylphenyl)-2-(1-pyrrolidinyl)-1-hexanone (4-Me-PHP or 87.23MPHP); and 87.24 new text begin (24) 2-(1-pyrrolidinyl)-hexanophenone (Alpha-PHP); new text end 87.25 new text begin (25) 4-methyl-N-ethylcathinone (4-MEC); new text end 87.26 new text begin (26) 4-methyl-alpha-pyrrolidinopropiophenone (4-MePPP); new text end 87.27 new text begin (27) 2-(methylamino)-1-phenylpentan-1-one (pentedrone); new text end 87.28 new text begin (28) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one (pentylone); new text end 87.29 new text begin (29) 4-fluoro-N-methylcathinone (4-FMC); new text end 87.30 new text begin (30) 3,4-methylenedioxy-N-ethylcathinone (ethylone); new text end 87.31 new text begin (31) alpha-pyrrolidinobutiophenone (α-PBP); new text end 87.32 new text begin (32) 5-(2-Aminopropyl)-2,3-dihydrobenzofuran (5-APDB); new text end 87.33 new text begin (33) 6-(2-Aminopropyl)-2,3-dihydrobenzofuran (6-APDB); and new text end 87.34(24) new text begin (34) new text end any other substance, except bupropion or compounds listed under a 87.35different schedule, that is structurally derived from 2-aminopropan-1-one by substitution 88.1at the 1-position with either phenyl, naphthyl, or thiophene ring systems, whether or not 88.2the compound is further modified in any of the following ways: 88.3(i) by substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy, 88.4haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring 88.5system by one or more other univalent substituents; 88.6(ii) by substitution at the 3-position with an acyclic alkyl substituent; 88.7(iii) by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or 88.8methoxybenzyl groups; or 88.9(iv) by inclusion of the 2-amino nitrogen atom in a cyclic structure. 88.10(h) Marijuana, tetrahydrocannabinols, and synthetic cannabinoids. Unless 88.11specifically excepted or unless listed in another schedule, any natural or synthetic material, 88.12compound, mixture, or preparation that contains any quantity of the following substances, 88.13their analogs, isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, 88.14whenever the existence of the isomers, esters, ethers, or salts is possible: 88.15(1) marijuana; 88.16(2) tetrahydrocannabinols naturally contained in a plant of the genus Cannabis, 88.17synthetic equivalents of the substances contained in the cannabis plant or in the 88.18resinous extractives of the plant, or synthetic substances with similar chemical structure 88.19and pharmacological activity to those substances contained in the plant or resinous 88.20extract, including, but not limited to, 1 cis or trans tetrahydrocannabinol, 6 cis or trans 88.21tetrahydrocannabinol, and 3,4 cis or trans tetrahydrocannabinol; 88.22(3) synthetic cannabinoids, including the following substances: 88.23(i) Naphthoylindoles, which are any compounds containing a 3-(1-napthoyl)indole 88.24structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, 88.25alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 88.262-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any 88.27extent and whether or not substituted in the naphthyl ring to any extent. Examples of 88.28naphthoylindoles include, but are not limited to: 88.29(A) 1-Pentyl-3-(1-naphthoyl)indole (JWH-018 and AM-678); 88.30(B) 1-Butyl-3-(1-naphthoyl)indole (JWH-073); 88.31(C) 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole (JWH-081); 88.32(D) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200); 88.33(E) 1-Propyl-2-methyl-3-(1-naphthoyl)indole (JWH-015); 88.34(F) 1-Hexyl-3-(1-naphthoyl)indole (JWH-019); 88.35(G) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122); 88.36(H) 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole (JWH-210); 89.1(I) 1-Pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398); 89.2(J) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM-2201). 89.3(ii) Napthylmethylindoles, which are any compounds containing a 89.41H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom 89.5of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 89.61-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further 89.7substituted in the indole ring to any extent and whether or not substituted in the naphthyl 89.8ring to any extent. Examples of naphthylmethylindoles include, but are not limited to: 89.9(A) 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane (JWH-175); 89.10(B) 1-Pentyl-1H-indol-3-yl-(4-methyl-1-naphthyl)methane (JWH-184). 89.11(iii) Naphthoylpyrroles, which are any compounds containing a 89.123-(1-naphthoyl)pyrrole structure with substitution at the nitrogen atom of the 89.13pyrrole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 89.141-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not 89.15further substituted in the pyrrole ring to any extent, whether or not substituted in the 89.16naphthyl ring to any extent. Examples of naphthoylpyrroles include, but are not limited to, 89.17(5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1-ylmethanone (JWH-307). 89.18(iv) Naphthylmethylindenes, which are any compounds containing a 89.19naphthylideneindene structure with substitution at the 3-position of the indene 89.20ring by an allkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 89.211-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further 89.22substituted in the indene ring to any extent, whether or not substituted in the naphthyl 89.23ring to any extent. Examples of naphthylemethylindenes include, but are not limited to, 89.24E-1-[1-(1-naphthalenylmethylene)-1H-inden-3-yl]pentane (JWH-176). 89.25(v) Phenylacetylindoles, which are any compounds containing a 3-phenylacetylindole 89.26structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, 89.27alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 89.282-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to 89.29any extent, whether or not substituted in the phenyl ring to any extent. Examples of 89.30phenylacetylindoles include, but are not limited to: 89.31(A) 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (RCS-8); 89.32(B) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250); 89.33(C) 1-pentyl-3-(2-methylphenylacetyl)indole (JWH-251); 89.34(D) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203). 89.35(vi) Cyclohexylphenols, which are compounds containing a 89.362-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position 90.1of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 90.21-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not 90.3substituted in the cyclohexyl ring to any extent. Examples of cyclohexylphenols include, 90.4but are not limited to: 90.5(A) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP 47,497); 90.6(B) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol 90.7(Cannabicyclohexanol or CP 47,497 C8 homologue); 90.8(C) 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl] 90.9-phenol (CP 55,940). 90.10(vii) Benzoylindoles, which are any compounds containing a 3-(benzoyl)indole 90.11structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, 90.12alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 90.132-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to 90.14any extent and whether or not substituted in the phenyl ring to any extent. Examples of 90.15benzoylindoles include, but are not limited to: 90.16(A) 1-Pentyl-3-(4-methoxybenzoyl)indole (RCS-4); 90.17(B) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694); 90.18(C) (4-methoxyphenyl-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-yl]methanone 90.19(WIN 48,098 or Pravadoline). 90.20(viii) Others specifically named: 90.21(A) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl) 90.22-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (HU-210); 90.23(B) (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl) 90.24-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (Dexanabinol or HU-211); 90.25(C) 2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de] 90.26-1,4-benzoxazin-6-yl-1-naphthalenylmethanone (WIN 55,212-2); 90.27(D) (1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (UR-144); 90.28(E) (1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone 90.29(XLR-11); 90.30(F) 1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indazole-3-carboxamide 90.31(AKB-48(APINACA)); 90.32(G) N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide 90.33(5-Fluoro-AKB-48); 90.34(H) 1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid (PB-22); 90.35(I) 8-quinolinyl ester-1-(5-fluoropentyl)-1H-indole-3-carboxylic acid (5-Fluoro 90.36PB-22); 91.1(J) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-pentyl-1H-indazole- 91.23-carboxamide (AB-PINACA); 91.3(K) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-[(4-fluorophenyl)methyl]- 91.41H-indazole-3-carboxamide (AB-FUBINACA). new text begin ; new text end 91.5 new text begin (L) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-(cyclohexylmethyl)-1H- new text end 91.6 new text begin indazole-3-carboxamide(AB-CHMINACA); new text end 91.7 new text begin (M) (S)-methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3- new text end 91.8 new text begin methylbutanoate (5-fluoro-AMB); new text end 91.9 new text begin (N) [1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl) methanone (THJ-2201); new text end 91.10 new text begin (O) (1-(5-fluoropentyl)-1H-benzo[d]imidazol-2-yl)(naphthalen-1-yl)methanone) new text end 91.11 new text begin (FUBIMINA); new text end 91.12 new text begin (P) (7-methoxy-1-(2-morpholinoethyl)-N-((1S,2S,4R)-1,3,3-trimethylbicyclo new text end 91.13 new text begin [2.2.1]heptan-2-yl)-1H-indole-3-carboxamide (MN-25 or UR-12); new text end 91.14 new text begin (Q) (S)-N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl) new text end 91.15 new text begin -1H-indole-3-carboxamide (5-fluoro-ABICA); new text end 91.16 new text begin (R) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl) new text end 91.17 new text begin -1H-indole-3-carboxamide; new text end 91.18 new text begin (S) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl) new text end 91.19 new text begin -1H-indazole-3-carboxamide; and new text end 91.20 new text begin (T) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido) new text end 91.21 new text begin -3,3-dimethylbutanoate. new text end 91.22(i) A controlled substance analog, to the extent that it is implicitly or explicitly 91.23intended for human consumption. 91.24    Sec. 2. Minnesota Statutes 2014, section 152.02, subdivision 3, is amended to read: 91.25    Subd. 3. Schedule II. (a) Schedule II consists of the substances listed in this 91.26subdivision. 91.27(b) Unless specifically excepted or unless listed in another schedule, any of 91.28the following substances whether produced directly or indirectly by extraction from 91.29substances of vegetable origin or independently by means of chemical synthesis, or by a 91.30combination of extraction and chemical synthesis: 91.31(1) Opium and opiate, and any salt, compound, derivative, or preparation of opium 91.32or opiate. 91.33(i) Excluding: 91.34(A) apomorphine; 91.35(B) thebaine-derived butorphanol; 92.1(C) dextrophan; 92.2(D) nalbuphine; 92.3(E) nalmefene; 92.4 new text begin (F) naloxegol; new text end 92.5(F) new text begin (G) new text end naloxone; 92.6(G) new text begin (H) new text end naltrexone; new text begin and new text end 92.7(H) and new text begin (I) new text end their respective salts; 92.8(ii) but including the following: 92.9(A) opium, in all forms and extracts; 92.10(B) codeine; 92.11(C) dihydroetorphine; 92.12(D) ethylmorphine; 92.13(E) etorphine hydrochloride; 92.14(F) hydrocodone; 92.15(G) hydromorphone; 92.16(H) metopon; 92.17(I) morphine; 92.18(J) oxycodone; 92.19(K) oxymorphone; 92.20(L) thebaine; 92.21(M) oripavine; 92.22(2) any salt, compound, derivative, or preparation thereof which is chemically 92.23equivalent or identical with any of the substances referred to in clause (1), except that 92.24these substances shall not include the isoquinoline alkaloids of opium; 92.25(3) opium poppy and poppy straw; 92.26(4) coca leaves and any salt, cocaine compound, derivative, or preparation of coca 92.27leaves (including cocaine and ecgonine and their salts, isomers, derivatives, and salts 92.28of isomers and derivatives), and any salt, compound, derivative, or preparation thereof 92.29which is chemically equivalent or identical with any of these substances, except that the 92.30substances shall not include decocainized coca leaves or extraction of coca leaves, which 92.31extractions do not contain cocaine or ecgonine; 92.32(5) concentrate of poppy straw (the crude extract of poppy straw in either liquid, 92.33solid, or powder form which contains the phenanthrene alkaloids of the opium poppy). 92.34(c) Any of the following opiates, including their isomers, esters, ethers, salts, and 92.35salts of isomers, esters and ethers, unless specifically excepted, or unless listed in another 93.1schedule, whenever the existence of such isomers, esters, ethers and salts is possible 93.2within the specific chemical designation: 93.3(1) alfentanil; 93.4(2) alphaprodine; 93.5(3) anileridine; 93.6(4) bezitramide; 93.7(5) bulk dextropropoxyphene (nondosage forms); 93.8(6) carfentanil; 93.9(7) dihydrocodeine; 93.10(8) dihydromorphinone; 93.11(9) diphenoxylate; 93.12(10) fentanyl; 93.13(11) isomethadone; 93.14(12) levo-alpha-acetylmethadol (LAAM); 93.15(13) levomethorphan; 93.16(14) levorphanol; 93.17(15) metazocine; 93.18(16) methadone; 93.19(17) methadone - intermediate, 4-cyano-2-dimethylamino-4, 4-diphenylbutane; 93.20(18) moramide - intermediate, 2-methyl-3-morpholino-1, 93.211-diphenyl-propane-carboxylic acid; 93.22(19) pethidine; 93.23(20) pethidine - intermediate - a, 4-cyano-1-methyl-4-phenylpiperidine; 93.24(21) pethidine - intermediate - b, ethyl-4-phenylpiperidine-4-carboxylate; 93.25(22) pethidine - intermediate - c, 1-methyl-4-phenylpiperidine-4-carboxylic acid; 93.26(23) phenazocine; 93.27(24) piminodine; 93.28(25) racemethorphan; 93.29(26) racemorphan; 93.30(27) remifentanil; 93.31(28) sufentanil; 93.32(29) tapentadol. new text begin ; new text end 93.33 new text begin (30) 4-Anilino-N-phenethyl-4-piperidine (ANPP). new text end 93.34(d) Unless specifically excepted or unless listed in another schedule, any material, 93.35compound, mixture, or preparation which contains any quantity of the following 93.36substances having a stimulant effect on the central nervous system: 94.1(1) amphetamine, its salts, optical isomers, and salts of its optical isomers; 94.2(2) methamphetamine, its salts, isomers, and salts of its isomers; 94.3(3) phenmetrazine and its salts; 94.4(4) methylphenidate; 94.5(5) lisdexamfetamine. 94.6(e) Unless specifically excepted or unless listed in another schedule, any material, 94.7compound, mixture, or preparation which contains any quantity of the following 94.8substances having a depressant effect on the central nervous system, including its salts, 94.9isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of 94.10isomers is possible within the specific chemical designation: 94.11(1) amobarbital; 94.12(2) glutethimide; 94.13(3) secobarbital; 94.14(4) pentobarbital; 94.15(5) phencyclidine; 94.16(6) phencyclidine immediate precursors: 94.17(i) 1-phenylcyclohexylamine; 94.18(ii) 1-piperidinocyclohexanecarbonitrile; 94.19(7) phenylacetone. 94.20(f) Hallucinogenic substances: nabilone. 94.21    Sec. 3. Minnesota Statutes 2014, section 152.02, subdivision 4, is amended to read: 94.22    Subd. 4. Schedule III. (a) Schedule III consists of the substances listed in this 94.23subdivision. 94.24(b) Stimulants. Unless specifically excepted or unless listed in another schedule, 94.25any material, compound, mixture, or preparation which contains any quantity of the 94.26following substances having a potential for abuse associated with a stimulant effect on the 94.27central nervous system, including its salts, isomers, and salts of such isomers whenever 94.28the existence of such salts, isomers, and salts of isomers is possible within the specific 94.29chemical designation: 94.30(1) benzphetamine; 94.31(2) chlorphentermine; 94.32(3) clortermine; 94.33(4) phendimetrazine. 94.34(c) Depressants. Unless specifically excepted or unless listed in another schedule, 94.35any material, compound, mixture, or preparation which contains any quantity of the 95.1following substances having a potential for abuse associated with a depressant effect on 95.2the central nervous system: 95.3(1) any compound, mixture, or preparation containing amobarbital, secobarbital, 95.4pentobarbital or any salt thereof and one or more other active medicinal ingredients which 95.5are not listed in any schedule; 95.6(2) any suppository dosage form containing amobarbital, secobarbital, pentobarbital, 95.7or any salt of any of these drugs and approved by the food and drug administration for 95.8marketing only as a suppository; 95.9(3) any substance which contains any quantity of a derivative of barbituric acid, or 95.10any salt of a derivative of barbituric acid, except those substances which are specifically 95.11listed in other schedules; 95.12(4) any drug product containing gamma hydroxybutyric acid, including its salts, 95.13isomers, and salts of isomers, for which an application is approved under section 505 of 95.14the federal Food, Drug, and Cosmetic Act; 95.15(5) any of the following substances: 95.16(i) chlorhexadol; 95.17(ii) ketamine, its salts, isomers and salts of isomers; 95.18(iii) lysergic acid; 95.19(iv) lysergic acid amide; 95.20(v) methyprylon; 95.21(vi) sulfondiethylmethane; 95.22(vii) sulfonenthylmethane; 95.23(viii) sulfonmethane; 95.24(ix) tiletamine and zolazepam and any salt thereof; 95.25(x) embutramide. new text begin ; new text end 95.26 new text begin (xi) Perampanel [2-(2-oxo-1-phenyl-5-pyridin-2-yl-1,2-Dihydropyridin-3-yl) new text end 95.27 new text begin benzonitrile]. new text end 95.28(d) Nalorphine. 95.29(e) Narcotic drugs. Unless specifically excepted or unless listed in another schedule, 95.30any material, compound, mixture, or preparation containing any of the following narcotic 95.31drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities 95.32as follows: 95.33(1) not more than 1.80 grams of codeine per 100 milliliters or not more than 90 95.34milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid 95.35of opium; 96.1(2) not more than 1.80 grams of codeine per 100 milliliters or not more than 90 96.2milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized 96.3therapeutic amounts; 96.4(3) not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not 96.5more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an 96.6isoquinoline alkaloid of opium; 96.7(4) not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not 96.8more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients 96.9in recognized therapeutic amounts; 96.10(5) new text begin (3) new text end not more than 1.80 grams of dihydrocodeine per 100 milliliters or not more 96.11than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in 96.12recognized therapeutic amounts; 96.13(6) new text begin (4) new text end not more than 300 milligrams of ethylmorphine per 100 milliliters or not 96.14more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients 96.15in recognized therapeutic amounts; 96.16(7) new text begin (5) new text end not more than 500 milligrams of opium per 100 milliliters or per 100 grams, 96.17or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic 96.18ingredients in recognized therapeutic amounts; 96.19(8) new text begin (6) new text end not more than 50 milligrams of morphine per 100 milliliters or per 100 grams 96.20with one or more active, nonnarcotic ingredients in recognized therapeutic amounts; 96.21(f) Anabolic steroids and new text begin , new text end human growth hormone new text begin , and chorionic gonadotropin new text end . 96.22(1) Anabolic steroids, for purposes of this subdivision, means any drug or hormonal 96.23substance, chemically and pharmacologically related to testosterone, other than estrogens, 96.24progestins, corticosteroids, and dehydroepiandrosterone, and includes: 96.25(i) 3[beta],17[beta]-dihydroxy-5[alpha]-androstane; 96.26(ii) 3[alpha],17[beta]-dihydroxy-5[alpha]-androstane; 96.27(iii) androstanedione (5[alpha]-androstan-3,17-dione); 96.28(iv) 1-androstenediol (3[beta],17[beta]-dihydroxy-5[alpha]-androst-l-ene; 96.29(v) 3[alpha],17[beta]-dihydroxy-5[alpha]-androst-1-ene); 96.30(vi) 4-androstenediol (3[beta],17[beta]-dihydroxy-androst-4-ene); 96.31(vii) 5-androstenediol (3[beta],17[beta]-dihydroxy-androst-5-ene); 96.32(viii) 1-androstenedione (5[alpha]-androst-1-en-3,17-dione); 96.33(ix) 4-androstenedione (androst-4-en-3,17-dione); 96.34(x) 5-androstenedione (androst-5-en-3,17-dione); 96.35(xi) bolasterone (7[alpha],17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one); 96.36(xii) boldenone (17[beta]-hydroxyandrost-1,4-diene-3-one); 97.1(xiii) boldione (androsta-1,4-diene-3,17-dione); 97.2(xiv) calusterone (7[beta],17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one); 97.3(xv) clostebol (4-chloro-17[beta]-hydroxyandrost-4-en-3-one); 97.4(xvi) dehydrochloromethyltestosterone 97.5(4-chloro-17[beta]-hydroxy-17[alpha]-methylandrost-1,4-dien-3-one); 97.6(xvii) desoxymethyltestosterone 97.7(17[alpha]-methyl-5[alpha]-androst-2-en-17[beta]-ol); 97.8(xviii) [delta]1-dihydrotestosterone- 97.9(17[beta]-hydroxy-5[alpha]-androst-1-en-3-one); 97.10(xix) 4-dihydrotestosterone (17[beta]-hydroxy-androstan-3-one); 97.11(xx) drostanolone (17[beta]hydroxy-2[alpha]-methyl-5[alpha]-androstan-3-one); 97.12(xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-hydroxyestr-4-ene); 97.13(xxii) fluoxymesterone 97.14(9-fluoro-17[alpha]-methyl-11[beta],17[beta]-dihydroxyandrost-4-en-3-one); 97.15(xxiii) formebolone 97.16(2-formyl-17[alpha]-methyl-11[alpha],17[beta]-dihydroxyandrost-1,4-dien-3-one); 97.17(xxiv) furazabol 97.18(17[alpha]-methyl-17[beta]-hydroxyandrostano[2,3-c]-furazan)13[beta]-ethyl-17[beta] 97.19-hydroxygon-4-en-3-one; 97.20(xxv) 4-hydroxytestosterone (4,17[beta]-dihydroxyandrost-4-en-3-one); 97.21(xxvi) 4-hydroxy-19-nortestosterone (4,17[beta]-dihydroxyestr-4-en-3-one); 97.22(xxvii) mestanolone (17[alpha]-methyl-17[beta]-hydroxy-5[alpha]-androstan-3-one); 97.23(xxviii) mesterolone (1[alpha]-methyl-17[beta]-hydroxy-5[alpha]-androstan-3-one); 97.24(xxix) methandienone (17[alpha]-methyl-17[beta]-hydroxyandrost-1,4-dien-3-one); 97.25(xxx) methandriol (17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-5-ene); 97.26 new text begin (xxxi) methasterone (2 alpha-17 alpha-dimethyl-5 alpha-androstan-17beta-ol-3-one) new text end 97.27(xxxi) new text begin (xxxii) new text end methenolone 97.28(1-methyl-17[beta]-hydroxy-5[alpha]-androst-1-en-3-one); 97.29(xxxii) new text begin (xxxiii) new text end 17[alpha]-methyl-3[beta],17[beta]-dihydroxy-5[alpha]-androstane; 97.30(xxxiii) new text begin (xxxiv) new text end 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy-5[alpha]-androstane; 97.31(xxxiv) new text begin (xxxv) new text end 17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-4-ene; 97.32(xxxv) new text begin (xxxvi) new text end 17[alpha]-methyl-4-hydroxynandrolone 97.33(17[alpha]-methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one); 97.34(xxxvi) new text begin (xxxvii) new text end methyldienolone 97.35(17[alpha]-methyl-17[beta]-hydroxyestra-4,9(10)-dien-3-one); 98.1(xxxvii) new text begin (xxxviii) new text end methyltrienolone 98.2(17[alpha]-methyl-17[beta]-hydroxyestra-4,9-11-trien-3-one); 98.3(xxxviii) new text begin (xxxix) new text end methyltestosterone 98.4(17[alpha]-methyl-17[beta]-hydroxyandrost-4-en-3-one); 98.5(xxxix) new text begin (xl) new text end mibolerone 98.6(7[alpha],17[alpha]-dimethyl-17[beta]-hydroxyestr-4-en-3-one); 98.7(xl) new text begin (xli) new text end 17[alpha]-methyl-[delta]1-dihydrotestosterone 98.8(17[beta]-hydroxy-17[alpha]-methyl-5[alpha]-androst-1-en-3-one); 98.9(xli) new text begin (xlii) new text end nandrolone (17[beta]-hydroxyestr-4-en-3-one); 98.10(xlii) new text begin (xliii) new text end 19-nor-4-androstenediol (3[beta],17[beta]-dihydroxyestr-4-ene; 98.11(xliii) new text begin (xliv) new text end 3[alpha],17[beta]-dihydroxyestr-4-ene); 19-nor-5-androstenediol 98.12(3[beta],17[beta]-dihydroxyestr-5-ene; 98.13(xliv) new text begin (xlv) new text end 3[alpha],17[beta]-dihydroxyestr-5-ene); 98.14(xlv) new text begin (xlvi) new text end 19-nor-4,9(10)-androstadienedione (estra-4,9(10)-diene-3,17-dione); 98.15(xlvi) new text begin (xlvii) new text end 19-nor-5-androstenedione (estr-5-en-3,17-dione); 98.16(xlvii) new text begin (xlviii) new text end norbolethone 98.17(13[beta],17[alpha]-diethyl-17[beta]-hydroxygon-4-en-3-one); 98.18(xlviii) new text begin (xlix) new text end norclostebol (4-chloro-17[beta]-hydroxyestr-4-en-3-one); 98.19(xlix) new text begin (l) new text end norethandrolone (17[alpha]-ethyl-17[beta]-hydroxyestr-4-en-3-one); 98.20(l) new text begin (li) new text end normethandrolone (17[alpha]-methyl-17[beta]-hydroxyestr-4-en-3-one); 98.21(li) new text begin (lii) new text end oxandrolone 98.22(17[alpha]-methyl-17[beta]-hydroxy-2-oxa-5[alpha]-androstan-3-one); 98.23(lii) new text begin (liii) new text end oxymesterone (17[alpha]-methyl-4,17[beta]-dihydroxyandrost-4-en-3-one); 98.24(liii) new text begin (liv) new text end oxymetholone 98.25(17[alpha]-methyl-2-hydroxymethylene-17[beta]-hydroxy-5[alpha]-androstan-3-one); 98.26 new text begin (lv) prostanozol (17 beta-hydroxy-5 alpha-androstano[3,2-C]pryazole new text end 98.27(liv) new text begin (lvi) new text end stanozolol 98.28(17[alpha]-methyl-17[beta]-hydroxy-5[alpha]-androst-2-eno[3,2-c]-pyrazole); 98.29(lv) new text begin (lvii) new text end stenbolone (17[beta]-hydroxy-2-methyl-5[alpha]-androst-1-en-3-one); 98.30(lvi) new text begin (lviii) new text end testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic 98.31acid lactone); 98.32(lvii) new text begin (lix) new text end testosterone (17[beta]-hydroxyandrost-4-en-3-one); 98.33(lviii) new text begin (lx) new text end tetrahydrogestrinone 98.34(13[beta],17[alpha]-diethyl-17[beta]-hydroxygon-4,9,11-trien-3-one); 98.35(lix) new text begin (lxi) new text end trenbolone (17[beta]-hydroxyestr-4,9,11-trien-3-one); 98.36(lx) new text begin (lxii) new text end any salt, ester, or ether of a drug or substance described in this paragraph. 99.1Anabolic steroids are not included if they are: (A) expressly intended for administration 99.2through implants to cattle or other nonhuman species; and (B) approved by the United 99.3States Food and Drug Administration for that use; 99.4(2) Human growth hormones. 99.5 new text begin (3) Chorionic gonadotropin. new text end 99.6(g) Hallucinogenic substances. Dronabinol (synthetic) in sesame oil and encapsulated 99.7in a soft gelatin capsule in a United States Food and Drug Administration approved product. 99.8(h) Any material, compound, mixture, or preparation containing the following 99.9narcotic drug or its salt: buprenorphine. 99.10    Sec. 4. Minnesota Statutes 2014, section 152.02, subdivision 5, is amended to read: 99.11    Subd. 5. Schedule IV. (a) Schedule IV consists of the substances listed in this 99.12subdivision. 99.13(b) Narcotic drugs. Unless specifically excepted or unless listed in another schedule, 99.14any material, compound, mixture, or preparation containing any of the following narcotic 99.15drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities 99.16as follows: 99.17(1) not more than one milligram of difenoxin and not less than 25 micrograms of 99.18atropine sulfate per dosage unit; 99.19(2) dextropropoxyphene (Darvon and Darvocet). new text begin ; new text end 99.20 new text begin (3) 2-[(dimethylamino)methyl]-1-(3-methoxyphenyl)cyclohexanol, its salts, optical new text end 99.21 new text begin and geometric isomers, and salts of these isomers (including tramadol). new text end 99.22(c) Depressants. Unless specifically excepted or unless listed in another schedule, 99.23any material, compound, mixture, or preparation containing any quantity of the following 99.24substances, including its salts, isomers, and salts of isomers whenever the existence of the 99.25salts, isomers, and salts of isomers is possible: 99.26 new text begin (1) Alfaxalone (5α-pregnan-3α-ol-11,20-dione); new text end 99.27(1) new text begin (2) new text end alprazolam; 99.28(2) new text begin (3) new text end barbital; 99.29(3) new text begin (4) new text end bromazepam; 99.30(4) new text begin (5) new text end camazepam; 99.31(5) new text begin (6) new text end carisoprodol; 99.32(6) new text begin (7) new text end chloral betaine; 99.33(7) new text begin (8) new text end chloral hydrate; 99.34(8) new text begin (9) new text end chlordiazepoxide; 99.35(9) new text begin (10) new text end clobazam; 100.1(10) new text begin (11) new text end clonazepam; 100.2(11) new text begin (12) new text end clorazepate; 100.3(12) new text begin (13) new text end clotiazepam; 100.4(13) new text begin (14) new text end cloxazolam; 100.5(14) new text begin (15) new text end delorazepam; 100.6(15) new text begin (16) new text end diazepam; 100.7(16) new text begin (17) new text end dichloralphenazone; 100.8(17) new text begin (18) new text end estazolam; 100.9(18) new text begin (19) new text end ethchlorvynol; 100.10(19) new text begin (20) new text end ethinamate; 100.11(20) new text begin (21) new text end ethyl loflazepate; 100.12(21) new text begin (22) new text end fludiazepam; 100.13(22) new text begin (23) new text end flurazepam; 100.14 new text begin (24) fospropofol new text end 100.15(23) new text begin (25) new text end halazepam; 100.16(24) new text begin (26) new text end haloxazolam; 100.17(25) new text begin (27) new text end ketazolam; 100.18(26) new text begin (28) new text end loprazolam; 100.19(27) new text begin (29) new text end lorazepam; 100.20(28) new text begin (30) new text end lormetazepam mebutamate; 100.21(29) new text begin (31) new text end medazepam; 100.22(30) new text begin (32) new text end meprobamate; 100.23(31) new text begin (33) new text end methohexital; 100.24(32) new text begin (34) new text end methylphenobarbital; 100.25(33) new text begin (35) new text end midazolam; 100.26(34) new text begin (36) new text end nimetazepam; 100.27(35) nitrazepamnordiazepam new text begin (37) nitrazepam new text end ; 100.28 new text begin (38) nordiazepam; new text end 100.29(36) new text begin (39) new text end oxazepam; 100.30(37) new text begin (40) new text end oxazolam; 100.31(38) paraldehydepetrichloral new text begin (41) paraldehyde new text end ; 100.32 new text begin (42) petrichloral; new text end 100.33(39) new text begin (43) new text end phenobarbital; 100.34(40) new text begin (44) new text end pinazepam; 100.35(41) new text begin (45) new text end prazepam; 100.36(42) new text begin (46) new text end quazepam; 101.1 new text begin (47) Suvorexant; new text end 101.2(43) new text begin (48) new text end temazepam; 101.3(44) new text begin (49) new text end tetrazepam; 101.4(45) new text begin (50) new text end triazolam; 101.5(46) new text begin (51) new text end zaleplon; 101.6(47) new text begin (52) new text end zolpidem; 101.7(48) new text begin (53) new text end zopiclone. 101.8(d) Any material, compound, mixture, or preparation which contains any quantity of 101.9the following substance including its salts, isomers, and salts of such isomers, whenever 101.10the existence of such salts, isomers, and salts of isomers is possible: fenfluramine. 101.11(e) Stimulants. Unless specifically excepted or unless listed in another schedule, 101.12any material, compound, mixture, or preparation which contains any quantity of the 101.13following substances having a stimulant effect on the central nervous system, including its 101.14salts, isomers, and salts of isomers: 101.15(1) cathine (norpseudoephedrine); 101.16(2) diethylpropion; 101.17(3) fencamfamine; 101.18(4) fenproporex; 101.19(5) mazindol; 101.20(6) mefenorex; 101.21(7) modafinil; 101.22(8) pemoline (including organometallic complexes and chelates thereof); 101.23(9) phentermine; 101.24(10) pipradol; 101.25(11) sibutramine; 101.26(12) SPA (1-dimethylamino-1,2-diphenylethane). 101.27 new text begin (f) lorcaserin. new text end 101.28    Sec. 5. Minnesota Statutes 2014, section 152.02, subdivision 6, is amended to read: 101.29    Subd. 6. Schedule V; restrictions on methamphetamine precursor drugs. (a) As 101.30used in this subdivision, the following terms have the meanings given: 101.31(1) "methamphetamine precursor drug" means any compound, mixture, or 101.32preparation intended for human consumption containing ephedrine or pseudoephedrine as 101.33its sole active ingredient or as one of its active ingredients; and 101.34(2) "over-the-counter sale" means a retail sale of a drug or product but does not 101.35include the sale of a drug or product pursuant to the terms of a valid prescription. 102.1(b) The following items are listed in Schedule V: 102.2(1) any compound, mixture, or preparation containing any of the following limited 102.3quantities of narcotic drugs, which shall include one or more nonnarcotic active medicinal 102.4ingredients in sufficient proportion to confer upon the compound, mixture or preparation 102.5valuable medicinal qualities other than those possessed by the narcotic drug alone: 102.6(i) not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 102.7grams; 102.8(ii) not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 102.9grams; 102.10(iii) not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms 102.11of atropine sulfate per dosage unit; 102.12(iv) not more than 100 milligrams of opium per 100 milliliters or per 100 grams; or 102.13(v) not more than 0.5 milligrams of difenoxin and not less than 25 micrograms of 102.14atropine sulfate per dosage unit. 102.15(2) Stimulants. Unless specifically exempted or excluded or unless listed in another 102.16schedule, any material, compound, mixture, or preparation that contains any quantity of 102.17the following substance having a stimulant effect on the central nervous system, including 102.18its salts, isomers, and salts of isomers: pyrovalerone. 102.19(3) Depressants. Unless specifically exempted or excluded or unless listed in another 102.20schedule, any material, compound, mixture, or preparation that contains any quantity 102.21of the following substance having a depressant effect on the central nervous system, 102.22including its salts, isomers, and salts of isomers: 102.23 new text begin (i) ezogabine; new text end 102.24(i) new text begin (ii) new text end pregabalin; 102.25(ii) new text begin (iii) new text end lacosamide. 102.26(4) Any compound, mixture, or preparation containing ephedrine or pseudoephedrine 102.27as its sole active ingredient or as one of its active ingredients. 102.28(c) No person may sell in a single over-the-counter sale more than two packages of a 102.29methamphetamine precursor drug or a combination of methamphetamine precursor drugs or 102.30any combination of packages exceeding a total weight of six grams, calculated as the base. 102.31(d) Over-the-counter sales of methamphetamine precursor drugs are limited to: 102.32(1) packages containing not more than a total of three grams of one or 102.33more methamphetamine precursor drugs, calculated in terms of ephedrine base or 102.34pseudoephedrine base; or 103.1(2) for nonliquid products, sales in blister packs, where each blister contains not 103.2more than two dosage units, or, if the use of blister packs is not technically feasible, sales 103.3in unit dose packets or pouches. 103.4(e) A business establishment that offers for sale methamphetamine precursor drugs 103.5in an over-the-counter sale shall ensure that all packages of the drugs are displayed 103.6behind a checkout counter where the public is not permitted and are offered for sale only 103.7by a licensed pharmacist, a registered pharmacy technician, or a pharmacy clerk. The 103.8establishment shall ensure that the person making the sale requires the buyer: 103.9(1) to provide photographic identification showing the buyer's date of birth; and 103.10(2) to sign a written or electronic document detailing the date of the sale, the name 103.11of the buyer, and the amount of the drug sold. 103.12A document described under clause (2) must be retained by the establishment for 103.13at least three years and must at all reasonable times be open to the inspection of any 103.14law enforcement agency. 103.15Nothing in this paragraph requires the buyer to obtain a prescription for the drug's 103.16purchase. 103.17(f) No person may acquire through over-the-counter sales more than six grams of 103.18methamphetamine precursor drugs, calculated as the base, within a 30-day period. 103.19(g) No person may sell in an over-the-counter sale a methamphetamine precursor 103.20drug to a person under the age of 18 years. It is an affirmative defense to a charge under 103.21this paragraph if the defendant proves by a preponderance of the evidence that the 103.22defendant reasonably and in good faith relied on proof of age as described in section 103.23340A.503, subdivision 6 . 103.24(h) A person who knowingly violates paragraph (c), (d), (e), (f), or (g) is guilty of 103.25a misdemeanor and may be sentenced to imprisonment for not more than 90 days, or to 103.26payment of a fine of not more than $1,000, or both. 103.27(i) An owner, operator, supervisor, or manager of a business establishment that 103.28offers for sale methamphetamine precursor drugs whose employee or agent is convicted of 103.29or charged with violating paragraph (c), (d), (e), (f), or (g) is not subject to the criminal 103.30penalties for violating any of those paragraphs if the person: 103.31(1) did not have prior knowledge of, participate in, or direct the employee or agent to 103.32commit the violation; and 103.33(2) documents that an employee training program was in place to provide the 103.34employee or agent with information on the state and federal laws and regulations regarding 103.35methamphetamine precursor drugs. 104.1(j) Any person employed by a business establishment that offers for sale 104.2methamphetamine precursor drugs who sells such a drug to any person in a suspicious 104.3transaction shall report the transaction to the owner, supervisor, or manager of the 104.4establishment. The owner, supervisor, or manager may report the transaction to local law 104.5enforcement. A person who reports information under this subdivision in good faith is 104.6immune from civil liability relating to the report. 104.7(k) Paragraphs (b) to (j) do not apply to: 104.8(1) pediatric products labeled pursuant to federal regulation primarily intended for 104.9administration to children under 12 years of age according to label instructions; 104.10(2) methamphetamine precursor drugs that are certified by the Board of Pharmacy as 104.11being manufactured in a manner that prevents the drug from being used to manufacture 104.12methamphetamine; 104.13(3) methamphetamine precursor drugs in gel capsule or liquid form; or 104.14(4) compounds, mixtures, or preparations in powder form where pseudoephedrine 104.15constitutes less than one percent of its total weight and is not its sole active ingredient. 104.16(l) The Board of Pharmacy, in consultation with the Department of Public Safety, 104.17shall certify methamphetamine precursor drugs that meet the requirements of paragraph 104.18(k), clause (2), and publish an annual listing of these drugs. 104.19(m) Wholesale drug distributors licensed and regulated by the Board of Pharmacy 104.20pursuant to sections 151.42 to 151.51 and registered with and regulated by the United 104.21States Drug Enforcement Administration are exempt from the methamphetamine precursor 104.22drug storage requirements of this section. 104.23(n) This section preempts all local ordinances or regulations governing the sale 104.24by a business establishment of over-the-counter products containing ephedrine or 104.25pseudoephedrine. All ordinances enacted prior to the effective date of this act are void.