1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 470
1.2A bill for an act
1.3relating to public safety; creating the crime of tampering with a public safety motor
1.4vehicle; establishing criminal penalties;amending Minnesota Statutes 2016, section
1.5609.595, subdivisions 1, 2, by adding a subdivision.
1.6May 22, 2017
1.7The Honorable Kurt L. Daudt
1.8Speaker of the House of Representatives
1.9The Honorable Michelle L. Fischbach
1.10President of the Senate
1.11We, the undersigned conferees for H. F. No. 470 report that we have agreed upon the
1.12items in dispute and recommend as follows:
1.13That the Senate recede from its amendment and that H. F. No. 470 be further amended
1.14as follows:
1.15Delete everything after the enacting clause and insert:
1.16"
ARTICLE 1
1.17
APPROPRIATIONS
1.18
Section 1. new text begin APPROPRIATIONS.new text end
1.19
new text begin The sums shown in the columns marked "Appropriations" are appropriated to the agencies
new text end
1.20
new text begin and for the purposes specified in this article. The appropriations are from the general
fund, new text end
1.21
new text begin or another named fund, and are available for the fiscal years indicated for each purpose.
new text end
1.22
new text begin The figures "2018" and "2019" used in this article mean that the appropriations listed
under new text end
1.23
new text begin them are available for the fiscal year ending June 30, 2018, or June 30, 2019, respectively.
new text end
1.24
new text begin "The first year" is fiscal year 2018. "The second year" is fiscal year 2019. "The
biennium" new text end
1.25
new text begin is fiscal years 2018 and 2019. Appropriations for the fiscal year ending June 30,
2017, are new text end
1.26
new text begin effective the day following final enactment.new text end
2.1
new text begin APPROPRIATIONSnew text end
2.2
new text begin Available for the Yearnew text end
2.3
new text begin Ending June 30new text end
2.4
new text begin 2017new text end
new text begin 2018new text end
new text begin 2019new text end
2.5
Sec. 2. new text begin SUPREME COURTnew text end
2.6
new text begin Subdivision 1.new text end new text begin Total Appropriationnew text end
new text begin $new text end
new text begin new text end new text begin 51,036,000new text end
new text begin $new text end
new text begin new text end new text begin 53,419,000new text end
2.7
new text begin The amounts that may be spent for each new text end
2.8
new text begin purpose are specified in the following new text end
2.9
new text begin subdivisions.new text end
2.10
new text begin Subd. 2.new text end new text begin Supreme Court Operationsnew text end
new text begin 37,316,000new text end
new text begin 39,699,000new text end
2.11
new text begin (a) new text end new text begin Contingent Accountnew text end
new text begin new text end 2.12
new text begin $5,000 each year is for a contingent account new text end
2.13
new text begin for expenses necessary for the normal new text end
2.14
new text begin operation of the court for which no other new text end
2.15
new text begin reimbursement is provided.new text end
2.16
new text begin (b) new text end new text begin Judges' Compensationnew text end
new text begin new text end 2.17
new text begin Judges' compensation is increased by two and new text end
2.18
new text begin one-half percent each year.new text end
2.19
new text begin (c) new text end new text begin Harassment Restraining Ordersnew text end
new text begin new text end 2.20
new text begin $993,000 the second year is to implement the new text end
2.21
new text begin changes related to harassment restraining new text end
2.22
new text begin orders required in article 3. The base for this new text end
2.23
new text begin activity is $993,000 in fiscal years 2020 and new text end
2.24
new text begin 2021, and $0 in fiscal year 2022 and thereafter.new text end
2.25
new text begin (d) new text end new text begin Information Security and Risk new text end
2.26
new text begin Managementnew text end
new text begin new text end 2.27
new text begin $984,000 each year is for an information new text end
2.28
new text begin security and risk management program.new text end
2.29
new text begin Subd. 3.new text end new text begin Civil Legal Servicesnew text end
new text begin new text end new text begin 13,720,000new text end
new text begin new text end new text begin 13,720,000new text end
2.30
new text begin Legal Services to Low-Income Clients in new text end
2.31
new text begin Family Law Matters.new text end new text begin $948,000 each year is new text end
2.32
new text begin to improve the access of low-income clients new text end
2.33
new text begin to legal representation in family law matters. new text end
3.1
new text begin This appropriation must be distributed under new text end
3.2
new text begin Minnesota Statutes, section 480.242, to the new text end
3.3
new text begin qualified legal services program described in new text end
3.4
new text begin Minnesota Statutes, section 480.242, new text end
3.5
new text begin subdivision 2, paragraph (a). Any new text end
3.6
new text begin unencumbered balance remaining in the first new text end
3.7
new text begin year does not cancel and is available in the new text end
3.8
new text begin second year.new text end
3.9
Sec. 3. new text begin COURT OF APPEALSnew text end
new text begin $new text end
new text begin 12,311,000new text end
new text begin $new text end
new text begin 12,629,000new text end
3.10
new text begin (a) new text end new text begin Judges' Compensationnew text end
new text begin new text end 3.11
new text begin Judges' compensation is increased by two and new text end
3.12
new text begin one-half percent each year.new text end
3.13
new text begin (b) new text end new text begin Base Amountnew text end
new text begin new text end 3.14
new text begin The general fund base is $12,494,000 in fiscal new text end
3.15
new text begin year 2020 and thereafter.new text end
3.16
Sec. 4. new text begin DISTRICT COURTSnew text end
new text begin $new text end
new text begin new text end new text begin 290,987,000new text end
new text begin $new text end
new text begin new text end new text begin 298,968,000new text end
3.17
new text begin (a) new text end new text begin Judges' Compensationnew text end
new text begin new text end 3.18
new text begin Judges' compensation is increased by two and new text end
3.19
new text begin one-half percent each year.new text end
3.20
new text begin (b)new text end new text begin New Trial Judgesnew text end
new text begin new text end 3.21
new text begin $884,000 the first year and $818,000 the new text end
3.22
new text begin second year are for two new trial court judge new text end
3.23
new text begin units.new text end
3.24
new text begin (c)new text end new text begin Mandated Servicesnew text end
new text begin new text end 3.25
new text begin $1,164,000 each year is for mandated court new text end
3.26
new text begin services.new text end
3.27
new text begin (d)new text end new text begin Treatment Courts Stabilitynew text end
new text begin new text end 3.28
new text begin $1,689,000 each year is for treatment courts new text end
3.29
new text begin stability.new text end
3.30
Sec. 5. new text begin GUARDIAN AD LITEM BOARDnew text end
new text begin $new text end
new text begin 16,157,000new text end
new text begin $new text end
new text begin 16,713,000new text end
4.1
new text begin Compliance Positions.new text end new text begin $400,000 the first year new text end
4.2
new text begin and $600,000 the second year are for new new text end
4.3
new text begin positions to maintain compliance with federal new text end
4.4
new text begin and state mandates.new text end
4.5
Sec. 6. new text begin TAX COURTnew text end
new text begin $new text end
new text begin 1,679,000new text end
new text begin $new text end
new text begin 1,676,000new text end
4.6
new text begin $256,000 each year is for a case management new text end
4.7
new text begin system.new text end
4.8
Sec. 7. new text begin UNIFORM LAWS COMMISSIONnew text end
new text begin $new text end
new text begin 93,000new text end
new text begin $new text end
new text begin 93,000new text end
4.9
Sec. 8. new text begin BOARD ON JUDICIAL STANDARDSnew text end
new text begin $new text end
new text begin 486,000new text end
new text begin $new text end
new text begin 486,000new text end
4.10
new text begin Major Disciplinary Actions.new text end new text begin $125,000 each new text end
4.11
new text begin year is for special investigative and hearing new text end
4.12
new text begin costs for major disciplinary actions undertaken new text end
4.13
new text begin by the board. This appropriation does not new text end
4.14
new text begin cancel. Any unencumbered and unspent new text end
4.15
new text begin balances remain available for these new text end
4.16
new text begin expenditures until June 30, 2021.new text end
4.17
Sec. 9. new text begin BOARD OF PUBLIC DEFENSEnew text end
new text begin $new text end
new text begin 85,949,000new text end
new text begin $new text end
new text begin 88,310,000new text end
4.18
new text begin New Attorneysnew text end
new text begin new text end 4.19
new text begin $500,000 the first year and $1,000,000 the new text end
4.20
new text begin second year are for additional public new text end
4.21
new text begin defenders.new text end
4.22
Sec. 10. new text begin SENTENCING GUIDELINESnew text end
new text begin $new text end
new text begin 655,000new text end
new text begin $new text end
new text begin 669,000new text end
4.23
Sec. 11. new text begin PUBLIC SAFETYnew text end
4.24
new text begin Subdivision 1.new text end new text begin Total Appropriationnew text end
new text begin $new text end
new text begin 195,084,000new text end
new text begin $new text end
new text begin 195,381,000new text end
4.25
new text begin Appropriations by Fundnew text end
4.26
new text begin 2018new text end
new text begin 2019new text end
4.27
new text begin Generalnew text end
new text begin 101,775,000new text end
new text begin 101,853,000new text end
4.28
new text begin Special Revenuenew text end
new text begin 13,572,000new text end
new text begin 13,712,000new text end
4.29
4.30
new text begin State Government new text end
new text begin Special Revenuenew text end
new text begin 103,000new text end
new text begin 103,000new text end
5.1
new text begin Environmentalnew text end
new text begin 73,000new text end
new text begin 73,000new text end
5.2
new text begin Trunk Highwaynew text end
new text begin 2,374,000new text end
new text begin 2,419,000new text end
5.3
new text begin 911 Fundnew text end
new text begin 77,187,000new text end
new text begin 77,221,000new text end
5.4
new text begin The amounts that may be spent for each new text end
5.5
new text begin purpose are specified in the following new text end
5.6
new text begin subdivisions.new text end
5.7
new text begin Subd. 2.new text end new text begin Emergency Managementnew text end
new text begin new text end
new text begin 5,575,000new text end
new text begin 4,232,000new text end
5.8
new text begin Appropriations by Fundnew text end
5.9
new text begin Generalnew text end
new text begin new text end
new text begin 3,977,000new text end
new text begin 2,634,000new text end
5.10
new text begin Environmentalnew text end
new text begin 73,000new text end
new text begin 73,000new text end
5.11
5.12
new text begin Special Revenue new text end
new text begin Fundnew text end
new text begin 1,525,000new text end
new text begin 1,525,000new text end
5.13
new text begin (a) new text end new text begin Hazmat and Chemical Assessment new text end
5.14
new text begin Teamsnew text end
5.15
new text begin $850,000 each year is from the fire safety new text end
5.16
new text begin account in the special revenue fund. These new text end
5.17
new text begin amounts must be used to fund the hazardous new text end
5.18
new text begin materials and chemical assessment teams. Of new text end
5.19
new text begin this amount, $100,000 the first year is for new text end
5.20
new text begin cases for which there is no identified new text end
5.21
new text begin responsible party.new text end
5.22
new text begin (b) new text end new text begin Emergency Response Teamsnew text end
5.23
new text begin $675,000 each year is from the fire safety new text end
5.24
new text begin account in the special revenue fund to maintain new text end
5.25
new text begin four emergency response teams: one under the new text end
5.26
new text begin jurisdiction of the St. Cloud Fire Department new text end
5.27
new text begin or a similarly located fire department if new text end
5.28
new text begin necessary; one under the jurisdiction of the new text end
5.29
new text begin Duluth Fire Department; one under the new text end
5.30
new text begin jurisdiction of the St. Paul Fire Department; new text end
5.31
new text begin and one under the jurisdiction of the Moorhead new text end
5.32
new text begin Fire Department. The commissioner must new text end
5.33
new text begin allocate the appropriation as follows: (1) new text end
5.34
new text begin $225,000 each year to the St. Cloud Fire new text end
5.35
new text begin Department; (2) $225,000 each year to the new text end
6.1
new text begin Duluth Fire Department; (3) $125,000 each new text end
6.2
new text begin year to the St. Paul Fire Department; and (4) new text end
6.3
new text begin $100,000 each year to the Moorhead Fire new text end
6.4
new text begin Department. These are onetime appropriations.new text end
6.5
new text begin (c) new text end new text begin Roseau County Disaster Reimbursementnew text end
6.6
new text begin $1,250,000 the first year is from the general new text end
6.7
new text begin fund for distribution to Roseau County for new text end
6.8
new text begin reimbursement of costs to repair public new text end
6.9
new text begin infrastructure damaged by the 1999 and 2002 new text end
6.10
new text begin floods.new text end
6.11
new text begin (d) new text end new text begin Supplemental Nonprofit Security Grantsnew text end
6.12
new text begin $150,000 the first year is from the general fund new text end
6.13
new text begin for supplemental nonprofit security grants new text end
6.14
new text begin under this paragraph.new text end
6.15
new text begin Nonprofit organizations whose applications new text end
6.16
new text begin for funding through the Federal Emergency new text end
6.17
new text begin Management Agency's nonprofit security grant new text end
6.18
new text begin program have been approved by the Division new text end
6.19
new text begin of Homeland Security and Emergency new text end
6.20
new text begin Management are eligible for grants under this new text end
6.21
new text begin paragraph. No additional application shall be new text end
6.22
new text begin required for grants under this paragraph, and new text end
6.23
new text begin an application for a grant from the federal new text end
6.24
new text begin program is also an application for funding new text end
6.25
new text begin from the state supplemental program.new text end
6.26
new text begin Eligible organizations may receive grants of new text end
6.27
new text begin up to $75,000, except that the total received new text end
6.28
new text begin by any individual from both the federal new text end
6.29
new text begin nonprofit security grant program and the state new text end
6.30
new text begin supplemental nonprofit security grant program new text end
6.31
new text begin shall not exceed $75,000. Grants shall be new text end
6.32
new text begin awarded in an order consistent with the new text end
6.33
new text begin ranking given to applicants for the federal new text end
6.34
new text begin nonprofit security grant program. No grants new text end
7.1
new text begin under the state supplemental nonprofit security new text end
7.2
new text begin grant program shall be awarded until the new text end
7.3
new text begin announcement of the recipients and the new text end
7.4
new text begin amount of the grants awarded under the federal new text end
7.5
new text begin nonprofit security grant program.new text end
7.6
new text begin The commissioner may use up to one percent new text end
7.7
new text begin of the appropriation received under this new text end
7.8
new text begin paragraph to pay costs incurred by the new text end
7.9
new text begin department in administering the supplemental new text end
7.10
new text begin nonprofit security grant program.new text end
7.11
new text begin (e) new text end new text begin Bomb Squad Reimbursementsnew text end
7.12
new text begin $50,000 each year is from the general fund for new text end
7.13
new text begin reimbursements to local governments for new text end
7.14
new text begin bomb squad services.new text end
7.15
new text begin Subd. 3.new text end new text begin Criminal Apprehensionnew text end
new text begin 58,778,000new text end
new text begin 59,738,000new text end
7.16
new text begin Appropriations by Fundnew text end
7.17
new text begin Generalnew text end
new text begin 56,397,000new text end
new text begin 57,312,000new text end
7.18
7.19
new text begin State Government new text end
new text begin Special Revenuenew text end
new text begin 7,000new text end
new text begin 7,000new text end
7.20
new text begin Trunk Highwaynew text end
new text begin 2,374,000new text end
new text begin 2,419,000new text end
7.21
new text begin (a)new text end new text begin DWI Lab Analysis; Trunk Highway new text end
7.22
new text begin Fundnew text end
new text begin new text end 7.23
new text begin Notwithstanding Minnesota Statutes, section new text end
7.24
new text begin 161.20, subdivision 3, $2,374,000 the first new text end
7.25
new text begin year and $2,419,000 the second year are from new text end
7.26
new text begin the trunk highway fund for laboratory analysis new text end
7.27
new text begin related to driving-while-impaired cases.new text end
7.28
new text begin (b) new text end new text begin Predatory Registration Systemnew text end
7.29
new text begin $2,100,000 the first year and $2,000,000 the new text end
7.30
new text begin second year are to be used to build the new text end
7.31
new text begin predatory registration system. This new text end
7.32
new text begin appropriation is available until June 30, 2020. new text end
7.33
new text begin The base for fiscal year 2020 and thereafter is new text end
7.34
new text begin $400,000 to maintain the system.new text end
8.1
new text begin (c) new text end new text begin BCA Investment Initiativenew text end
8.2
new text begin $1,331,000 the first year and $1,332,000 the new text end
8.3
new text begin second year are:new text end
8.4
new text begin (1) for additional firearms examiners;new text end
8.5
new text begin (2) for additional staff in the drug chemistry new text end
8.6
new text begin lab;new text end
8.7
new text begin (3) for criminal investigators; andnew text end
8.8
new text begin (4) for maintenance of the criminal history new text end
8.9
new text begin system.new text end
8.10
new text begin (d) new text end new text begin Harassment Restraining Ordersnew text end
8.11
new text begin $169,000 the second year is for the Bureau of new text end
8.12
new text begin Criminal Apprehension to implement the new text end
8.13
new text begin changes related to harassment restraining new text end
8.14
new text begin orders required in article 3. The base for this new text end
8.15
new text begin activity is $47,000 in fiscal year 2020 and new text end
8.16
new text begin thereafter.new text end
8.17
new text begin Subd. 4.new text end new text begin Fire Marshalnew text end
new text begin 6,274,000new text end
new text begin 6,408,000new text end
8.18
new text begin Appropriations by Fundnew text end
8.19
new text begin Special Revenuenew text end
new text begin 6,274,000new text end
new text begin 6,408,000new text end
8.20
new text begin The special revenue fund appropriation is from new text end
8.21
new text begin the fire safety account in the special revenue new text end
8.22
new text begin fund and is for activities under Minnesota new text end
8.23
new text begin Statutes, section 299F.012.new text end
8.24
new text begin Inspectionsnew text end
8.25
new text begin $300,000 each year is for inspection of nursing new text end
8.26
new text begin homes and boarding care facilities.new text end
8.27
8.28
new text begin Subd. 5.new text end new text begin Firefighter Training and Education new text end
new text begin Boardnew text end
new text begin new text end new text begin 5,015,000new text end
new text begin new text end new text begin 5,015,000new text end
8.29
new text begin Appropriations by Fundnew text end
8.30
new text begin Special Revenuenew text end
new text begin new text end new text begin 5,015,000new text end
new text begin new text end new text begin 5,015,000new text end
8.31
new text begin The special revenue fund appropriation is from new text end
8.32
new text begin the fire safety account in the special revenue new text end
9.1
new text begin fund and is for activities under Minnesota new text end
9.2
new text begin Statutes, section 299F.012.new text end
9.3
new text begin (a) new text end new text begin Firefighter Training and Educationnew text end
9.4
new text begin $4,265,000 each year is for firefighter training new text end
9.5
new text begin and education.new text end
9.6
new text begin (b) new text end new text begin Task Force 1new text end
9.7
new text begin $500,000 each year is for the Minnesota Task new text end
9.8
new text begin Force 1.new text end
9.9
new text begin (c) new text end new text begin Air Rescuenew text end
9.10
new text begin $250,000 each year is for the Minnesota Air new text end
9.11
new text begin Rescue Team.new text end
9.12
new text begin (d) new text end new text begin Unappropriated Revenuenew text end
9.13
new text begin Any additional unappropriated money new text end
9.14
new text begin collected in fiscal year 2017 is appropriated new text end
9.15
new text begin to the commissioner of public safety for the new text end
9.16
new text begin purposes of Minnesota Statutes, section new text end
9.17
new text begin 299F.012. The commissioner may transfer new text end
9.18
new text begin appropriations and base amounts between new text end
9.19
new text begin activities in this subdivision.new text end
9.20
new text begin Subd. 6.new text end new text begin Alcohol and Gambling Enforcementnew text end
new text begin 2,675,000new text end
new text begin 2,731,000new text end
9.21
new text begin Appropriations by Fundnew text end
9.22
new text begin Generalnew text end
new text begin 1,917,000new text end
new text begin 1,967,000new text end
9.23
new text begin Special Revenuenew text end
new text begin 758,000new text end
new text begin 764,000new text end
9.24
new text begin $688,000 the first year and $694,000 the new text end
9.25
new text begin second year are from the alcohol enforcement new text end
9.26
new text begin account in the special revenue fund. Of this new text end
9.27
new text begin appropriation, $500,000 each year shall be new text end
9.28
new text begin transferred to the general fund.new text end
9.29
new text begin $70,000 each year is from the lawful gambling new text end
9.30
new text begin regulation account in the special revenue fund.new text end
9.31
new text begin Field Agentsnew text end
10.1
new text begin $180,000 each year is from the general fund new text end
10.2
new text begin for field agents.new text end
10.3
new text begin Subd. 7.new text end new text begin Office of Justice Programsnew text end
new text begin 39,580,000new text end
new text begin 40,036,000new text end
10.4
new text begin Appropriations by Fundnew text end
10.5
new text begin Generalnew text end
new text begin 39,484,000new text end
new text begin 39,940,000new text end
10.6
10.7
new text begin State Government new text end
new text begin Special Revenuenew text end
new text begin 96,000new text end
new text begin 96,000new text end
10.8
new text begin (a) new text end new text begin OJP Administration Costsnew text end
10.9
new text begin Up to 2.5 percent of the grant funds new text end
10.10
new text begin appropriated in this subdivision may be used new text end
10.11
new text begin by the commissioner to administer the grant new text end
10.12
new text begin program.new text end
10.13
new text begin (b) new text end new text begin Combating Terrorism Recruitmentnew text end
10.14
new text begin $250,000 each year is for grants to local law new text end
10.15
new text begin enforcement agencies to develop strategies new text end
10.16
new text begin and make efforts to combat the recruitment of new text end
10.17
new text begin Minnesota residents by terrorist organizations new text end
10.18
new text begin such as ISIS and al-Shabaab. This is a onetime new text end
10.19
new text begin appropriation.new text end
10.20
new text begin (c) new text end new text begin Sex Trafficking Prevention Grantsnew text end
10.21
new text begin $180,000 each year is for grants to state and new text end
10.22
new text begin local units of government for the following new text end
10.23
new text begin purposes:new text end
10.24
new text begin (1) to support new or existing new text end
10.25
new text begin multijurisdictional entities to investigate sex new text end
10.26
new text begin trafficking crimes; andnew text end
10.27
new text begin (2) to provide technical assistance, including new text end
10.28
new text begin training and case consultation, to law new text end
10.29
new text begin enforcement agencies statewide.new text end
10.30
new text begin (d) new text end new text begin Pathway to Policing Reimbursement Grantsnew text end
10.31
new text begin $400,000 the second year is for reimbursement new text end
10.32
new text begin grants to local units of government that operate new text end
10.33
new text begin pathway to policing programs intended to new text end
10.34
new text begin bring persons with nontraditional backgrounds new text end
11.1
new text begin into law enforcement. Applicants for new text end
11.2
new text begin reimbursement grants may receive up to 50 new text end
11.3
new text begin percent of the cost of compensating and new text end
11.4
new text begin training pathway to policing participants. new text end
11.5
new text begin Reimbursement grants shall be proportionally new text end
11.6
new text begin allocated based on the number of grant new text end
11.7
new text begin applications approved by the commissioner.new text end
11.8
new text begin Subd. 8.new text end new text begin Emergency Communication Networksnew text end
new text begin 77,187,000new text end
new text begin 77,221,000new text end
11.9
new text begin This appropriation is from the state new text end
11.10
new text begin government special revenue fund for 911 new text end
11.11
new text begin emergency telecommunications services.new text end
11.12
new text begin This appropriation includes funds for new text end
11.13
new text begin information technology project services and new text end
11.14
new text begin support subject to the provisions of Minnesota new text end
11.15
new text begin Statutes, section 16E.0466. Any ongoing new text end
11.16
new text begin information technology costs will be new text end
11.17
new text begin incorporated into the service level agreement new text end
11.18
new text begin and will be paid to the Office of MN.IT new text end
11.19
new text begin Services by the Department of Public Safety new text end
11.20
new text begin under the rates and mechanism specified in new text end
11.21
new text begin that agreement.new text end
11.22
new text begin (a) new text end new text begin Public Safety Answering Pointsnew text end
11.23
new text begin $13,664,000 each year is to be distributed as new text end
11.24
new text begin provided in Minnesota Statutes, section new text end
11.25
new text begin 403.113, subdivision 2.new text end
11.26
new text begin (b)new text end new text begin Medical Resource Communication Centersnew text end
11.27
new text begin $683,000 each year is for grants to the new text end
11.28
new text begin Minnesota Emergency Medical Services new text end
11.29
new text begin Regulatory Board for the Metro East and new text end
11.30
new text begin Metro West Medical Resource new text end
11.31
new text begin Communication Centers that were in operation new text end
11.32
new text begin before January 1, 2000.new text end
11.33
new text begin (c) new text end new text begin ARMER Debt Servicenew text end
12.1
new text begin $23,261,000 each year is to the commissioner new text end
12.2
new text begin of management and budget to pay debt service new text end
12.3
new text begin on revenue bonds issued under Minnesota new text end
12.4
new text begin Statutes, section 403.275.new text end
12.5
new text begin Any portion of this appropriation not needed new text end
12.6
new text begin to pay debt service in a fiscal year may be used new text end
12.7
new text begin by the commissioner of public safety to pay new text end
12.8
new text begin cash for any of the capital improvements for new text end
12.9
new text begin which bond proceeds were appropriated by new text end
12.10
new text begin Laws 2005, chapter 136, article 1, section 9, new text end
12.11
new text begin subdivision 8; or Laws 2007, chapter 54, new text end
12.12
new text begin article 1, section 10, subdivision 8.new text end
12.13
new text begin (d) new text end new text begin ARMER State Backbone Operating new text end
12.14
new text begin Costsnew text end
12.15
new text begin $9,650,000 each year is to the commissioner new text end
12.16
new text begin of transportation for costs of maintaining and new text end
12.17
new text begin operating the statewide radio system new text end
12.18
new text begin backbone.new text end
12.19
new text begin (e) new text end new text begin ARMER Improvementsnew text end
12.20
new text begin $1,000,000 each year is to the Statewide new text end
12.21
new text begin Emergency Communications Board for new text end
12.22
new text begin improvements to those elements of the new text end
12.23
new text begin statewide public safety radio and new text end
12.24
new text begin communication system that support mutual new text end
12.25
new text begin aid communications and emergency medical new text end
12.26
new text begin services or provide interim enhancement of new text end
12.27
new text begin public safety communication interoperability new text end
12.28
new text begin in those areas of the state where the statewide new text end
12.29
new text begin public safety radio and communication system new text end
12.30
new text begin is not yet implemented, and grants to local new text end
12.31
new text begin units of government to further the strategic new text end
12.32
new text begin goals set forth by the Statewide Emergency new text end
12.33
new text begin Communications Board strategic plan.new text end
13.1
13.2
Sec. 12. new text begin PEACE OFFICER STANDARDS AND new text end
new text begin TRAINING (POST) BOARDnew text end
13.3
new text begin Subdivision 1.new text end new text begin Total Appropriationnew text end
new text begin $new text end
new text begin 10,144,000new text end
new text begin $new text end
new text begin 10,156,000new text end
13.4
new text begin Appropriations by Fundnew text end
13.5
new text begin 2018new text end
new text begin 2019new text end
13.6
new text begin Generalnew text end
new text begin 6,000,000new text end
new text begin 6,000,000new text end
13.7
new text begin Special Revenuenew text end
new text begin 4,144,000new text end
new text begin 4,156,000new text end
13.8
new text begin The amounts that may be spent for each new text end
13.9
new text begin purpose are specified in the following new text end
13.10
new text begin subdivisions.new text end
13.11
new text begin Subd. 2.new text end new text begin Excess Amounts Transferrednew text end
13.12
new text begin The special revenue fund appropriation is from new text end
13.13
new text begin the peace officer training account. Any new new text end
13.14
new text begin receipts credited to that account in the first new text end
13.15
new text begin year in excess of $4,144,000 must be new text end
13.16
new text begin transferred and credited to the general fund. new text end
13.17
new text begin Any new receipts credited to that account in new text end
13.18
new text begin the second year in excess of $4,156,000 must new text end
13.19
new text begin be transferred and credited to the general fund.new text end
13.20
new text begin Subd. 3.new text end new text begin Peace Officer Training Reimbursementsnew text end
13.21
new text begin $2,859,000 each year is from the peace officer new text end
13.22
new text begin training account in the special revenue fund new text end
13.23
new text begin for reimbursements to local governments for new text end
13.24
new text begin peace officer training costs.new text end
13.25
new text begin Subd. 4.new text end new text begin Peace Officer Training Assistancenew text end
13.26
new text begin $6,000,000 each year is from the general fund new text end
13.27
new text begin to support and strengthen law enforcement new text end
13.28
new text begin training and implement best practices. The new text end
13.29
new text begin base for this activity is $6,000,000 in fiscal new text end
13.30
new text begin years 2020 and 2021, and $0 in fiscal year new text end
13.31
new text begin 2022 and thereafter.new text end
13.32
new text begin Subd. 5.new text end new text begin De-escalation Trainingnew text end
13.33
new text begin $100,000 each year is from the peace officer new text end
13.34
new text begin training account in the special revenue fund new text end
14.1
new text begin for training state and local community safety new text end
14.2
new text begin personnel in the use of crisis de-escalation new text end
14.3
new text begin techniques. When selecting a service provider new text end
14.4
new text begin for this training, the board may consult with new text end
14.5
new text begin any postsecondary institution, any state or new text end
14.6
new text begin local governmental official, or any new text end
14.7
new text begin nongovernmental authority the board new text end
14.8
new text begin determines to be relevant. Among any other new text end
14.9
new text begin criteria the board may establish, the training new text end
14.10
new text begin provider must have a demonstrated new text end
14.11
new text begin understanding of the transitions and challenges new text end
14.12
new text begin that veterans may experience during their new text end
14.13
new text begin re-entry into society following combat service. new text end
14.14
new text begin The board must ensure that training new text end
14.15
new text begin opportunities provided are reasonably new text end
14.16
new text begin distributed statewide.new text end
14.17
Sec. 13. new text begin PRIVATE DETECTIVE BOARDnew text end
new text begin $new text end
new text begin 191,000new text end
new text begin $new text end
new text begin 192,000new text end
14.18
Sec. 14. new text begin CORRECTIONSnew text end
14.19
14.20
new text begin Subdivision 1.new text end new text begin Total new text end
new text begin Appropriationnew text end
new text begin $new text end
new text begin 9,200,000new text end
new text begin $new text end
new text begin new text end new text begin 585,142,000new text end
new text begin $new text end
new text begin new text end new text begin 585,143,000new text end
14.21
new text begin The amounts that may be spent for each new text end
14.22
new text begin purpose are specified in the following new text end
14.23
new text begin subdivisions.new text end
14.24
14.25
new text begin Subd. 2.new text end new text begin Correctional new text end
new text begin Institutionsnew text end
new text begin 9,200,000new text end
new text begin 427,891,000new text end
new text begin 426,867,000new text end
14.26
new text begin (a) new text end new text begin Offender Health Carenew text end
14.27
new text begin $9,200,000 in fiscal year 2017 is to fund a new text end
14.28
new text begin deficiency in the base budget for the offender new text end
14.29
new text begin health care contract.new text end
14.30
new text begin $11,400,000 the first year is for the offender new text end
14.31
new text begin health care contract.new text end
14.32
new text begin Prior to entering into a new health care new text end
14.33
new text begin contract, the commissioner must identify and new text end
14.34
new text begin directly solicit bids from at least five health new text end
15.1
new text begin care organizations that provide, or are willing new text end
15.2
new text begin to provide, health care to prison inmates. In new text end
15.3
new text begin the department's next report required under new text end
15.4
new text begin Minnesota Statutes, section 241.016, after new text end
15.5
new text begin entering a new health care contract, the new text end
15.6
new text begin commissioner shall:new text end
15.7
new text begin (1) provide the names and a summary of each new text end
15.8
new text begin bid proposal from the health care organizations new text end
15.9
new text begin that submitted a proposal to provide health new text end
15.10
new text begin care to state inmates; andnew text end
15.11
new text begin (2) explain, in detail, why the commissioner new text end
15.12
new text begin selected the chosen provider.new text end
15.13
new text begin The base for increased offender health care is new text end
15.14
new text begin $5,628,000 in fiscal year 2020 and thereafter.new text end
15.15
new text begin (b) new text end new text begin Federal Prison Rape Elimination Actnew text end
15.16
new text begin $500,000 the first year and $631,000 the new text end
15.17
new text begin second year are to comply with requirements new text end
15.18
new text begin of the federal Prison Rape Elimination Act. new text end
15.19
new text begin The commissioner must limit the number of new text end
15.20
new text begin juveniles accepted at MCF-Red Wing so that new text end
15.21
new text begin the staffing-to-offender ratio at the facility new text end
15.22
new text begin complies with the act.new text end
15.23
new text begin (c) new text end new text begin Operational Costsnew text end
15.24
new text begin $2,150,000 each year is to increase the new text end
15.25
new text begin relevant base budgets for operational costs new text end
15.26
new text begin including offender food, plant operations, and new text end
15.27
new text begin lease of space.new text end
15.28
new text begin (d) new text end new text begin Critical Technologynew text end
15.29
new text begin $2,969,000 each year is to support critical new text end
15.30
new text begin technology needs.new text end
15.31
new text begin Subd. 3.new text end new text begin Community Servicesnew text end
new text begin 129,498,000new text end
new text begin 130,218,000new text end
15.32
new text begin (a) new text end new text begin DOC Supervision Servicesnew text end
16.1
new text begin $696,000 each year is for Department of new text end
16.2
new text begin Corrections probation and supervised release new text end
16.3
new text begin agents.new text end
16.4
new text begin (b) new text end new text begin Community Corrections Actnew text end
16.5
new text begin $2,100,000 each year is added to the new text end
16.6
new text begin Community Corrections Act subsidy, as new text end
16.7
new text begin described in Minnesota Statutes, section new text end
16.8
new text begin 401.14.new text end
16.9
new text begin (c) new text end new text begin County Probation Officer new text end
16.10
new text begin Reimbursementnew text end
16.11
new text begin $230,000 each year is added to the county new text end
16.12
new text begin probation officers reimbursement, as described new text end
16.13
new text begin in Minnesota Statutes, section 244.19, new text end
16.14
new text begin subdivision 6.new text end
16.15
16.16
new text begin (d) new text end new text begin Alternatives to Incarceration Pilot Program new text end
new text begin Fundnew text end
16.17
new text begin $160,000 each year is to fund grants to new text end
16.18
new text begin facilitate access to community treatment new text end
16.19
new text begin options under article 3, section 30.new text end
16.20
new text begin (e) new text end new text begin Critical Technology Needsnew text end
16.21
new text begin $345,000 each year is to support critical new text end
16.22
new text begin technology needs.new text end
16.23
new text begin Subd. 4.new text end new text begin Operations Supportnew text end
new text begin 27,753,000new text end
new text begin 28,058,000new text end
16.24
new text begin Technology Needsnew text end
new text begin new text end 16.25
new text begin $1,638,000 each year is to support technology new text end
16.26
new text begin needs.new text end
16.27 Sec. 15.
new text begin TRANSFER; DISASTER ASSISTANCE CONTINGENCY ACCOUNT.new text end
16.28
new text begin (a) If the fiscal year 2017 final closing balance in the general fund exceeds the
closing new text end
16.29
new text begin balance projected at the end of the 2017 legislative session by at least $10,000,000,
the new text end
16.30
new text begin commissioner of management and budget must transfer $10,000,000 from the general fund
new text end
16.31
new text begin to the disaster assistance contingency account established under Minnesota Statutes,
section new text end
16.32
new text begin 12.221, subdivision 6.new text end
17.1
new text begin (b) If the fiscal year 2017 final closing balance in the general fund exceeds the
closing new text end
17.2
new text begin balance projected at the end of the 2017 legislative session by less than $10,000,000,
the new text end
17.3
new text begin commissioner of management and budget must transfer an amount equal to the difference
new text end
17.4
new text begin between the fiscal year 2017 final closing balance and the closing balance projected
at the new text end
17.5
new text begin end of the 2017 legislative session from the general fund to the disaster assistance
new text end
17.6
new text begin contingency account established under Minnesota Statutes, section 12.221, subdivision
6.new text end
17.7
new text begin (c) If a transfer is required under this section, the transfer must be completed before
new text end
17.8
new text begin September 30, 2017.new text end
17.9
ARTICLE 2
17.10
COURTS
17.11 Section 1. Minnesota Statutes 2016, section 2.722, subdivision 1, is amended to read:
17.12 Subdivision 1.
Description. Effective July 1, 1959, the state is divided into ten judicial
17.13districts composed of the following named counties, respectively, in each of which
districts
17.14judges shall be chosen as hereinafter specified:
17.15 1. Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and Sibley; 36 judges; and four
17.16permanent chambers shall be maintained in Red Wing, Hastings, Shakopee, and Glencoe
17.17and one other shall be maintained at the place designated by the chief judge of the
district;
17.18 2. Ramsey; 26 judges;
17.19 3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, Waseca, Freeborn, Mower,
17.20and Fillmore; 23 judges; and permanent chambers shall be maintained in Faribault,
Albert
17.21Lea, Austin, Rochester, and Winona;
17.22 4. Hennepin; 60 judges;
17.23 5. Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, Lincoln, Cottonwood,
17.24Murray, Nobles, Pipestone, Rock, Faribault, Martin, and Jackson; 16 judges; and permanent
17.25chambers shall be maintained in Marshall, Windom, Fairmont, New Ulm, and Mankato;
17.26 6. Carlton, St. Louis, Lake, and Cook; 15 judges;
17.27 7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail, Stearns, Todd, Clay, Becker,
and
17.28Wadena; 28
new text begin 29 new text end judges; and permanent chambers shall be maintained in Moorhead, Fergus
17.29Falls, Little Falls, and St. Cloud;
18.1 8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, Swift, Yellow Medicine, Big
18.2Stone, Grant, Pope, Stevens, Traverse, and Wilkin; 11 judges; and permanent chambers
18.3shall be maintained in Morris, Montevideo, and Willmar;
18.4 9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau, Mahnomen, Pennington, Aitkin,
18.5Itasca, Crow Wing, Hubbard, Beltrami, Lake of the Woods, Clearwater, Cass and
18.6Koochiching; 23
new text begin 24 new text end judges; and permanent chambers shall be maintained in Crookston,
18.7Thief River Falls, Bemidji, Brainerd, Grand Rapids, and International Falls; and
18.8 10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, Chisago, and Washington; 45
18.9judges; and permanent chambers shall be maintained in Anoka, Stillwater, and other
places
18.10designated by the chief judge of the district.
18.11 Sec. 2. Minnesota Statutes 2016, section 13.69, subdivision 1, is amended to read:
18.12 Subdivision 1.
Classifications. (a) The following government data of the Department
18.13of Public Safety are private data:
18.14 (1) medical data on driving instructors, licensed drivers, and applicants for parking
18.15certificates and special license plates issued to physically disabled persons;
18.16 (2) other data on holders of a disability certificate under section
169.345, except that (i)
18.17data that are not medical data may be released to law enforcement agencies, and (ii)
data
18.18necessary for enforcement of sections
169.345 and
169.346 may be released to parking
18.19enforcement employees or parking enforcement agents of statutory or home rule charter
18.20cities and towns;
18.21 (3) Social Security numbers in driver's license and motor vehicle registration records,
18.22except that Social Security numbers must be provided to the Department of Revenue
for
18.23purposes of tax administration, the Department of Labor and Industry for purposes
of
18.24workers' compensation administration and enforcement,
new text begin the judicial branch for purposes of new text end
18.25
new text begin debt collection, new text end and the Department of Natural Resources for purposes of license application
18.26administration; and
18.27 (4) data on persons listed as standby or temporary custodians under section
171.07,
18.28subdivision 11
, except that the data must be released to:
18.29 (i) law enforcement agencies for the purpose of verifying that an individual is a
designated
18.30caregiver; or
19.1 (ii) law enforcement agencies who state that the license holder is unable to communicate
19.2at that time and that the information is necessary for notifying the designated caregiver
of
19.3the need to care for a child of the license holder.
19.4 The department may release the Social Security number only as provided in clause (3)
19.5and must not sell or otherwise provide individual Social Security numbers or lists
of Social
19.6Security numbers for any other purpose.
19.7 (b) The following government data of the Department of Public Safety are confidential
19.8data: data concerning an individual's driving ability when that data is received from
a member
19.9of the individual's family.
19.10 Sec. 3.
new text begin [134A.17] TRANSFERS TO COUNTY.new text end
19.11
new text begin If the Sherburne County Law Library, through its trustees, has a fiscal reserve that
is new text end
19.12
new text begin projected to sustain its operations for a period of over five years, the Sherburne
County Law new text end
19.13
new text begin Library may transfer up to half of the money in its fiscal reserve, but not to exceed
$200,000, new text end
19.14
new text begin to Sherburne County to defray costs of constructing a new building to house the law
library new text end
19.15
new text begin and courts.new text end
19.16 Sec. 4. Minnesota Statutes 2016, section 243.49, is amended to read:
19.17
243.49 COMMITMENT PAPERS; DUTY OF COURT ADMINISTRATOR.
19.18Upon a plea of guilty or finding of guilty after trial, the court administrator of
every
19.19court which sentences a defendant for a felony or gross misdemeanor to the custody
of the
19.20commissioner of corrections or to the superintendent of the workhouse or work farm,
shall
19.21provide the officer or person having custody of the defendant a certified record for
19.22commitment, including (1) a copy of the indictment and plea, (2) a transcript of the sentencing
19.23proceedings, with the date thereof, together with the defendant's statement under
oath, if
19.24obtained, as to the defendant's true name, residence, if any, the date and place of
birth, the
19.25names and addresses of parents and other relatives and of employers and others who
know
19.26the defendant well, social and other affiliations, past occupations and employments,
former
19.27places of residence and the period of time and the dates the defendant has resided
in each,
19.28citizenship, the number, dates, places and causes of any prior convictions, and (3)
if the
19.29person pleaded guilty, a transcript of the sentencing proceedings. The record shall also
19.30include the trial judge's impressions of the defendant's mental and physical condition,
general
19.31character, capacity, disposition, habits and special needs. The court reporter shall provide
19.32the required transcripts. The certified record for commitment may be used as evidence in
19.33any postconviction proceeding brought by the defendant. The court administrator shall
also
20.1deliver to the sheriff or other officer or person conveying the defendant to the correctional
20.2facility, workhouse, or work farm designated by the commissioner of corrections or
the
20.3judge a warrant of commitment together with a certified copy of the warrant directing
the
20.4conveyor to deliver the person and the certified record for commitment to the principal
20.5officer in charge of the correctional facility, workhouse, or work farm. Upon the
delivery
20.6of any person, the principal officer in charge of the correctional facility, workhouse,
or work
20.7farm shall keep the certified copy of the warrant of commitment and endorse the principal
20.8officer's receipt upon the original, which shall be filed with the sentencing court.
The court
20.9administrator shall retain one copy of the required transcripts, and a tape recording and the
20.10court reporter's notes of all other proceedings.
20.11 Sec. 5. Minnesota Statutes 2016, section 271.21, subdivision 2, is amended to read:
20.12 Subd. 2.
Jurisdiction. At the election of the taxpayer, the Small Claims Division shall
20.13have jurisdiction only in the following matters:
20.14(a) cases involving valuation, assessment, or taxation of real or personal property,
if:
20.15(i) the issue is a denial of a current year application for the homestead classification
for
20.16the taxpayer's property;
20.17(ii) only one parcel is included in the petition, the entire parcel is classified
as homestead
20.18class 1a or 1b under section
273.13, and the parcel contains no more than one dwelling unit;
20.19(iii) the entire property is classified as agricultural homestead class 2a or 1b under
section
20.20273.13
; or
20.21(iv) the assessor's estimated market value of the property included in the petition
is less
20.22than $300,000; or
20.23(b) any case not involving valuation, assessment, or taxation of real and personal
property
20.24in which the amount in controversy does not exceed $5,000
new text begin $15,000new text end , including penalty and
20.25interest.
20.26
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
20.27 Sec. 6. Minnesota Statutes 2016, section 299A.707, subdivision 2, is amended to read:
20.28 Subd. 2.
Account purpose, grants. Money in this account shall be allocated by a grant
20.29program administered by the commissioner of public safety through the Office of Justice
20.30Programs. Local units of government and nonprofit organizations are eligible for grants
to
20.31establish or operate chemical dependency and mental health treatment programs, programs
21.1that improve supervision, including pretrial and precharge supervision, and programs
to
21.2reduce recidivism of controlled substances offenders on probation or supervised release
or
21.3participating in drug
new text begin treatmentnew text end courts or to fund local participation in drug
new text begin treatmentnew text end court
21.4initiatives approved by the Judicial Council.
21.5 Sec. 7. Minnesota Statutes 2016, section 357.42, is amended to read:
21.6
357.42 DRUGnew text begin TREATMENTnew text end COURT FEES.
21.7 (a) When a court establishes a drug
new text begin treatmentnew text end court process, the court may establish one
21.8or more fees for services provided to defendants participating in the process.
21.9 (b) In each fiscal year, the court shall deposit the drug
new text begin treatmentnew text end court participation fees
21.10in the special revenue fund and credit the fees to a separate account for the trial
courts. The
21.11balance in this account is appropriated to the trial courts and does not cancel but
is available
21.12until expended. Expenditures from this account must be made for drug
new text begin treatmentnew text end court
21.13purposes.
21.14 Sec. 8. Minnesota Statutes 2016, section 358.116, is amended to read:
21.15
358.116 COURT DOCUMENTS.
21.16Unless specifically required by court rule, a pleading, motion, affidavit, or other
document
21.17filed with a court of the Minnesota judicial branch
new text begin , or presented to a judge or judicial officer new text end
21.18
new text begin in support of a request for a court order, warrant, or other relief,new text end is not required to be
21.19notarized. Signing a document filed with the court
new text begin or presented to a judge or judicial officer new text end
21.20constitutes "verification upon oath or affirmation" as defined in section
358.41, clause (3),
21.21without administration of an oath under section
358.07, provided that the signature, as
21.22defined by court rules, is affixed immediately below a declaration using substantially
the
21.23following language: "I declare under penalty of perjury that everything I have stated
in this
21.24document is true and correct." In addition to the signature, the date of signing and
the county
21.25and state where the document was signed shall be noted on the document. A person who
21.26signs knowing that the document is false in any material respect is guilty of perjury
under
21.27section
609.48, even if the date, county, and state of signing are omitted from the document.
21.28 Sec. 9. Minnesota Statutes 2016, section 480.242, subdivision 2, is amended to read:
21.29 Subd. 2.
Review of applications; selection of recipients. At times and in accordance
21.30with any procedures as the Supreme Court adopts in the form of court rules, applications
21.31for the expenditure of civil legal services funds shall be accepted from qualified
legal services
21.32programs or from local government agencies and nonprofit organizations seeking to
establish
22.1qualified alternative dispute resolution programs. The applications shall be reviewed
by the
22.2advisory committee, and the advisory committee, subject to review by the Supreme Court,
22.3shall distribute the funds available for this expenditure to qualified legal services
programs
22.4or to qualified alternative dispute resolution programs submitting applications. The
funds
22.5shall be distributed in accordance with the following formula:
22.6(a) Eighty-five percent of the funds distributed shall be distributed to qualified
legal
22.7services programs that have demonstrated an ability as of July 1, 1982, to provide
legal
22.8services to persons unable to afford private counsel with funds provided by the federal
Legal
22.9Services Corporation. The allocation of funds among the programs selected shall be
based
22.10upon the number of persons with incomes below the poverty level established by the
United
22.11States Census Bureau who reside in the geographical area served by each program, as
22.12determined by the Supreme Court on the basis of the most recent national census. All
funds
22.13distributed pursuant to this clause shall be used for the provision of legal services
in civil
22.14and farm legal assistance matters as prioritized by program boards of directors to
eligible
22.15clients.
22.16(b) Fifteen percent of the funds distributed may be distributed (1) to other qualified
legal
22.17services programs for the provision of legal services in civil matters to eligible
clients,
22.18including programs which organize members of the private bar to perform services and
22.19programs for qualified alternative dispute resolution, (2) to programs for training
mediators
22.20operated by nonprofit alternative dispute resolution corporations, or (3) to qualified
legal
22.21services programs to provide family farm legal assistance for financially distressed
state
22.22farmers. The family farm legal assistance must be directed at farm financial problems
22.23including, but not limited to, liquidation of farm property including bankruptcy,
farm
22.24foreclosure, repossession of farm assets, restructuring or discharge of farm debt,
farm credit
22.25and general debtor-creditor relations, and tax considerations. If all the funds to
be distributed
22.26pursuant to this clause cannot be distributed because of insufficient acceptable applications,
22.27the remaining funds shall be distributed pursuant to clause (a).
22.28A person is eligible for legal assistance under this section if the person is an eligible
22.29client as defined in section
480.24, subdivision 2, or:
22.30(1) is a state resident;
22.31(2) is or has been a farmer or a family shareholder of a family farm corporation within
22.32the preceding 24 months;
22.33(3) has a debt-to-asset ratio greater than 50 percent;
new text begin andnew text end
23.1(4) has a reportable federal adjusted gross income of $15,000 or less in the previous
23.2year; and
23.3(5) is financially unable to retain legal representation
new text begin (4) satisfies the income eligibility new text end
23.4
new text begin guidelines established under section 480.243, subdivision 1new text end .
23.5Qualifying farmers and small business operators whose bank loans are held by the Federal
23.6Deposit Insurance Corporation are eligible for legal assistance under this section.
23.7 Sec. 10. Minnesota Statutes 2016, section 484.70, subdivision 7, is amended to read:
23.8 Subd. 7.
Referee duties. The duties and powers of referees shall be as follows:
23.9(a) Hear and report all matters assigned by the chief judge.
23.10(b) Recommend findings of fact, conclusions of law, temporary and interim orders,
and
23.11final orders for judgment.
23.12All recommended orders and findings of a referee shall be subject to confirmation
by a
23.13judge.
23.14(c) Upon the conclusion of the hearing in each case, the referee shall transmit to
a judge
23.15the court file together with recommended findings and orders in writing. The recommended
23.16findings and orders of a referee become the findings and orders of the court when
confirmed
23.17by a judge. The order of the court shall be proof of such confirmation, and also of
the fact
23.18that the matter was duly referred to the referees.
23.19(d) Review of any recommended order or finding of a referee by a judge may be by
23.20notice served and filed within ten days of effective notice of the recommended order
or
23.21finding. The notice of review shall specify the grounds for review and the specific
provisions
23.22of the recommended findings or orders disputed, and the court, upon receipt of a notice
of
23.23review, shall set a time and place for a review hearing.
23.24(e) All orders and findings recommended by a referee become an effective order when
23.25countersigned by a judge and remain effective during the pendency of a review, including
23.26a remand to the referee, unless a judge:
23.27(1) expressly stays the effect of the order;
23.28(2) changes the order during the pendency of the review; or
23.29(3) changes or vacates the order upon completion of the review.
24.1
new text begin (f) Notwithstanding paragraphs (d) and (e), referee orders and decrees in probate
or civil new text end
24.2
new text begin commitment court proceedings, if appealed, must be appealed directly to the Court
of new text end
24.3
new text begin Appeals, in the same manner as judicial orders and decrees.new text end
24.4 Sec. 11. Minnesota Statutes 2016, section 484.702, is amended by adding a subdivision
24.5to read:
24.6
new text begin Subd. 6.new text end new text begin Expedited child support process.new text end new text begin Hearings and proceedings conducted in the new text end
24.7
new text begin expedited child support process under this section may be reported by use of electronic
new text end
24.8
new text begin recording equipment provided that the equipment meets the minimum standards established
new text end
24.9
new text begin by the state court administrator. Electronic recording equipment must be operated
and new text end
24.10
new text begin monitored by a person who meets the minimum qualifications established by the state
court new text end
24.11
new text begin administrator.new text end
24.12 Sec. 12. Minnesota Statutes 2016, section 486.05, subdivision 1, is amended to read:
24.13 Subdivision 1.
Salaries. The salary for each court reporter shall be set annually by the
24.14district administrator
new text begin as provided in judicial branch personnel policies and collective new text end
24.15
new text begin bargaining agreements new text end within the range established under section
480.181 as provided in
24.16the judicial branch personnel rules.
24.17 Sec. 13. Minnesota Statutes 2016, section 486.06, is amended to read:
24.18
486.06 CHARGE FOR TRANSCRIPT.
24.19In addition to the salary set in section
486.05, the court reporter may charge for a
24.20transcript of a record ordered by any person other than the judge 50 cents per original folio
24.21thereof and ten cents per folio for each manifold or other copy thereof when so ordered
that
24.22it can be made with the original transcript. The chief judge of the judicial district
may by
24.23order establish new transcript fee ceilings annually
new text begin at a rate set by the chief justicenew text end .
24.24A court reporter may impose a fee authorized under this section only if the transcript
is
24.25delivered to the person who ordered it within a reasonable time after it was ordered.
24.26 Sec. 14. Minnesota Statutes 2016, section 518.179, subdivision 2, is amended to read:
24.27 Subd. 2.
Applicable crimes. This section applies to the following crimes or similar
24.28crimes under the laws of the United States, or any other state:
24.29(1) murder in the first, second, or third degree under section
609.185,
609.19, or
609.195;
24.30(2) manslaughter in the first degree under section
609.20;
25.1(3) assault in the first, second, or third degree under section
609.221,
609.222, or
609.223;
25.2(4) kidnapping under section
609.25;
25.3(5) depriving another of custodial or parental rights under section
609.26;
25.4(6) soliciting, inducing, promoting, or receiving profit derived from prostitution
involving
25.5a minor under section
609.322;
25.6(7) criminal sexual conduct in the first degree under section
609.342;
25.7(8) criminal sexual conduct in the second degree under section
609.343;
25.8(9) criminal sexual conduct in the third degree under section
609.344, subdivision 1,
25.9paragraph (c), (f), or (g);
25.10(10) solicitation of a child to engage in sexual conduct under section
609.352;
25.11(11) incest under section
609.365;
25.12(12) malicious punishment of a child under section
609.377;
25.13(13) neglect of a child under section
609.378;
25.14(14) terroristic threats under section
609.713; or
25.15(15) felony stalking under section
609.749, subdivision 4new text begin ; ornew text end
25.16
new text begin (16) domestic assault by strangulation under section 609.2247new text end .
25.17 Sec. 15. Minnesota Statutes 2016, section 609.48, is amended by adding a subdivision to
25.18read:
25.19
new text begin Subd. 5.new text end new text begin Venue.new text end new text begin A violation of subdivision 1, clause (4), may be prosecuted in the county new text end
25.20
new text begin where the statement, under penalty of perjury, was signed, or the county of the district
court new text end
25.21
new text begin in which the statement was filed.new text end
25.22 Sec. 16. Minnesota Statutes 2016, section 609.748, subdivision 4, is amended to read:
25.23 Subd. 4.
Temporary restraining order; relief by court. (a) The court may issue a
25.24temporary restraining order that provides any or all of the following:
25.25(1) orders the respondent to cease or avoid the harassment of another person; or
25.26(2) orders the respondent to have no contact with another person.
25.27(b) The court may issue an order under paragraph (a) if the petitioner files a petition
in
25.28compliance with subdivision 3 and if the court finds reasonable grounds to believe
that the
26.1respondent has engaged in harassment. When a petition alleges harassment as defined
by
26.2subdivision 1, paragraph (a), clause (1), the petition must further allege an immediate
and
26.3present danger of harassment before the court may issue a temporary restraining order
under
26.4this section. When signed by a referee, the temporary order becomes effective upon
the
26.5referee's signature.
26.6(c) Notice need not be given to the respondent before the court issues a temporary
26.7restraining order under this subdivision. A copy of the restraining order must be
served on
26.8the respondent along with the order for hearing and petition, as provided in subdivision
3.
26.9If the respondent is a juvenile, whenever possible, a copy of the restraining order,
along
26.10with notice of the pendency of the case and the time and place of the hearing, shall
also be
26.11served by mail at the last known address upon any parent or guardian of the juvenile
26.12respondent who is not the petitioner. A temporary restraining order may be entered
only
26.13against the respondent named in the petition.
26.14(d) The temporary restraining order is in effect until a hearing is held on the issuance
of
26.15a restraining order under subdivision 5. The court shall hold the hearing on the issuance
of
26.16a restraining order if the petitioner requests a hearing. The hearing may be continued
by the
26.17court upon a showing that the respondent has not been served with a copy of the temporary
26.18restraining order despite the exercise of due diligence or if service is made by published
26.19notice under subdivision 3 and the petitioner files the affidavit required under that
26.20subdivision.
26.21(e) If the temporary restraining order has been issued and the respondent requests
a
26.22hearing, the hearing shall be scheduled by the court upon receipt of the respondent's
request.
26.23Service of the notice of hearing must be made upon the petitioner not less than five
days
26.24prior to the hearing. The court shall serve the notice of the hearing upon the petitioner
by
26.25mail in the manner provided in the Rules of Civil Procedure for pleadings subsequent
to a
26.26complaint and motions and shall also mail notice of the date and time of the hearing
to the
26.27respondent. In the event that service cannot be completed in time to give the respondent
or
26.28petitioner the minimum notice required under this subdivision, the court may set a
new
26.29hearing date.
26.30(f) A request for a hearing under this subdivision must be made within 45
new text begin 20new text end days after
26.31the temporary restraining order is issued
new text begin of the date of completed service of the petitionnew text end .
26.32 Sec. 17. Minnesota Statutes 2016, section 631.52, subdivision 2, is amended to read:
26.33 Subd. 2.
Application. Subdivision 1 applies to the following crimes or similar crimes
26.34under the laws of the United States or any other state:
27.1(1) murder in the first, second, or third degree under section
609.185,
609.19, or
609.195;
27.2(2) manslaughter in the first degree under section
609.20;
27.3(3) assault in the first, second, or third degree under section
609.221,
609.222, or
609.223;
27.4(4) kidnapping under section
609.25;
27.5(5) depriving another of custodial or parental rights under section
609.26;
27.6(6) soliciting, inducing, promoting, or receiving profit derived from prostitution
involving
27.7a minor under section
609.322;
27.8(7) criminal sexual conduct in the first degree under section
609.342;
27.9(8) criminal sexual conduct in the second degree under section
609.343;
27.10(9) criminal sexual conduct in the third degree under section
609.344, subdivision 1,
27.11paragraph (c), (f), or (g);
27.12(10) solicitation of a child to engage in sexual conduct under section
609.352;
27.13(11) incest under section
609.365;
27.14(12) malicious punishment of a child under section
609.377;
27.15(13) neglect of a child under section
609.378;
27.16(14) terroristic threats under section
609.713; or
27.17(15) felony stalking under section
609.749new text begin ; ornew text end
27.18
new text begin (16) domestic assault by strangulation under section 609.2247new text end .
27.19 Sec. 18. Minnesota Statutes 2016, section 634.36, is amended to read:
27.20
634.36 EVIDENCE OF VIDEOTAPES, AUDIOTAPES, OR OTHER
27.21
RECORDINGS.
27.22In any hearing or trial of a criminal offense or petty misdemeanor or proceeding pursuant
27.23to section
169A.53, subdivision 3, evidence of a videotape, audiotape, or electronic or digital
27.24recording prepared by a peace officer, using recording equipment in a law enforcement
27.25vehicle
new text begin or on the officer's personnew text end , while in the performance of official duties shall not be
27.26excluded on the ground that a written transcript of the recording was not prepared
and
27.27available at or prior to trial. As used in this section, "peace officer" has the meaning
given
27.28in section
169A.03, subdivision 18.
28.1
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2017, and applies to trials and new text end
28.2
new text begin hearings beginning on or after that date.new text end
28.3 Sec. 19.
new text begin REPEALER.new text end
28.4
new text begin Minnesota Statutes 2016, sections 486.05, subdivision 1a; and 525.112,new text end new text begin are repealed.new text end
28.5
ARTICLE 3
28.6
CORRECTIONS AND PUBLIC SAFETY
28.7 Section 1. Minnesota Statutes 2016, section 3.739, subdivision 1, is amended to read:
28.8 Subdivision 1.
Permissible claims. Claims and demands arising out of the circumstances
28.9described in this subdivision shall be presented to, heard, and determined as provided
in
28.10subdivision 2:
28.11(1) an injury to or death of an inmate of a state, regional, or local correctional
facility
28.12or county jail who has been conditionally released and ordered to perform
new text begin while performingnew text end
28.13compensated or uncompensated work
new text begin in the communitynew text end for a state agency, a political
28.14subdivision or public corporation of this state, a nonprofit educational, medical,
or social
28.15service agency, or a private business or individual, as a condition of the release, while
28.16performing the work;
28.17(2) an injury to or death of a person sentenced by a court, granted a suspended sentence
28.18by a court, or subject to a court disposition order, and who, under court order, is performing
28.19work (a)
new text begin (i)new text end in restitution, (b)
new text begin (ii)new text end in lieu of or to work off fines or court ordered
new text begin , court-orderednew text end
28.20costs
new text begin , or other statutorily authorized correctional feesnew text end , (c)
new text begin (iii)new text end in lieu of incarceration, or
28.21(d)
new text begin (iv)new text end as a term or condition of a sentence, suspended sentence, or disposition order, while
28.22performing the work;
28.23(3) an injury to or death of a person, who has been diverted from the court system
and
28.24who is performing work as described in paragraph
new text begin clausenew text end (1) or (2) under a written agreement
28.25signed by the person, and if a juvenile, by a parent or guardian; and
28.26(4) an injury to or death of any person caused by an individual who was performing
28.27work as described in paragraph
new text begin clausenew text end (1), (2), or (3).
28.28 Sec. 2. Minnesota Statutes 2016, section 12.221, subdivision 6, is amended to read:
28.29 Subd. 6.
Disaster assistance contingency account; appropriation. (a) A disaster
28.30assistance contingency account is created in the special revenue fund in the state
treasury.
29.1Money in the disaster assistance contingency account is appropriated to the commissioner
29.2of public safety to provide:
29.3(1) cost-share for federal assistance under section
12A.15, subdivision 1;
29.4(2) state public disaster assistance to eligible applicants under chapter 12B;
29.5(3) cost-share for federal assistance from the Federal Highway Administration emergency
29.6relief program under United States Code, title 23, section 125; and
29.7(4) cost-share for federal assistance from the United States Department of Agriculture,
29.8Natural Resources Conservation Service emergency watershed protection program under
29.9United States Code, title 16, sections 2203 to 2205.
29.10(b) For appropriations under paragraph (a), clause (1), the amount appropriated is
100
29.11percent of any nonfederal share for state agencies and
new text begin ,new text end local governments
new text begin , and utility new text end
29.12
new text begin cooperativesnew text end . Money appropriated under paragraph (a), clause (1), may be used to pay all
29.13or a portion of the nonfederal share for publicly owned capital improvement projects.
29.14(c) For appropriations under paragraph (a), clause (2), the amount appropriated is
the
29.15amount required to pay eligible claims under chapter 12B, as certified by the commissioner
29.16of public safety.
29.17(d) By January 15 of each year, the commissioner of management and budget shall
29.18submit a report to the chairs and ranking minority members of the house of representatives
29.19Ways and Means Committee and the senate Finance Committee detailing state disaster
29.20assistance appropriations and expenditures under this subdivision during the previous
29.21calendar year.
29.22(e) The governor's budget proposal submitted to the legislature under section
16A.11
29.23must include recommended appropriations to the disaster assistance contingency account.
29.24The governor's appropriation recommendations must be informed by the commissioner
of
29.25public safety's estimate of the amount of money that will be necessary to:
29.26(1) provide 100 percent of the nonfederal share for state agencies and
new text begin ,new text end local governments
new text begin , new text end
29.27
new text begin and utility cooperativesnew text end that will receive federal financial assistance from FEMA during
29.28the next biennium; and
29.29(2) fully pay all eligible claims under chapter 12B.
29.30(f) Notwithstanding section
16A.28:
29.31(1) funds appropriated or transferred to the disaster assistance contingency account
do
29.32not lapse but remain in the account until appropriated; and
30.1(2) funds appropriated from the disaster assistance contingency account do not lapse
30.2and are available until expended.
30.3 Sec. 3. Minnesota Statutes 2016, section 12B.15, subdivision 2, is amended to read:
30.4 Subd. 2.
Applicant. "Applicant" means a local government or
new text begin ,new text end state government agency
new text begin , new text end
30.5
new text begin or utility cooperativenew text end that applies for state disaster assistance under this chapter.
30.6 Sec. 4. Minnesota Statutes 2016, section 152.105, is amended to read:
30.7
152.105 DISPOSAL.
30.8
new text begin Subdivision 1.new text end new text begin Disposal of controlled substances.new text end Controlled substances listed in section
30.9152.02, subdivisions 3
to 6, may be collected and disposed of only pursuant to the provisions
30.10of Code of Federal Regulations, title 21, parts 1300, 1301, 1304, 1305, 1307, and
1317, that
30.11are applicable to the disposal of controlled substances. Disposal of controlled substances
30.12and legend and nonlegend drugs must also comply with the requirements of section
116.07
30.13governing the disposal of hazardous waste, and the rules promulgated thereunder.
30.14
new text begin Subd. 2.new text end new text begin Sheriff to maintain collection receptacle. new text end new text begin The sheriff of each county shall new text end
30.15
new text begin maintain or contract for the maintenance of at least one collection receptacle for
the disposal new text end
30.16
new text begin of noncontrolled substances, pharmaceutical controlled substances, and other legend
drugs, new text end
30.17
new text begin as permitted by federal law. For purposes of this section, "legend drug" has the meaning
new text end
30.18
new text begin given in section 151.01, subdivision 17. The collection receptacle must comply with
federal new text end
30.19
new text begin law. In maintaining and operating the collection receptacle, the sheriff shall follow
all new text end
30.20
new text begin applicable provisions of Code of Federal Regulations, title 21, parts 1300, 1301,
1304, 1305, new text end
30.21
new text begin 1307, and 1317, as amended through May 1, 2017.new text end
30.22 Sec. 5. Minnesota Statutes 2016, section 171.015, is amended by adding a subdivision to
30.23read:
30.24
new text begin Subd. 7.new text end new text begin Rulemaking limitation.new text end new text begin (a) Notwithstanding any law to the contrary, the new text end
30.25
new text begin commissioner is prohibited from adopting any final rule that amends, conflicts with,
or has new text end
30.26
new text begin the effect of modifying requirements in Minnesota Rules, parts 7410.0100 to 7410.0800.new text end
30.27
new text begin (b) This subdivision does not constitute authorization for the commissioner to adopt
new text end
30.28
new text begin rules absent authority otherwise provided by other law.new text end
30.29
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
31.1 Sec. 6. Minnesota Statutes 2016, section 243.05, subdivision 1, is amended to read:
31.2 Subdivision 1.
Conditional release. (a) The commissioner of corrections may parole
31.3any person sentenced to confinement in any state correctional facility for adults
under the
31.4control of the commissioner of corrections, provided that:
31.5(1) no inmate serving a life sentence for committing murder before May 1, 1980, other
31.6than murder committed in violation of clause (1) of section
609.185 who has not been
31.7previously convicted of a felony shall be paroled without having served 20 years,
less the
31.8diminution that would have been allowed for good conduct had the sentence been for
20
31.9years;
31.10(2) no inmate serving a life sentence for committing murder before May 1, 1980, who
31.11has been previously convicted of a felony or though not previously convicted of a
felony
31.12is serving a life sentence for murder in the first degree committed in violation of
clause (1)
31.13of section
609.185 shall be paroled without having served 25 years, less the diminution
31.14which would have been allowed for good conduct had the sentence been for 25 years;
31.15(3) any inmate sentenced prior to September 1, 1963, who would be eligible for parole
31.16had the inmate been sentenced after September 1, 1963, shall be eligible for parole;
and
31.17(4) any new rule or policy or change of rule or policy adopted by the commissioner
of
31.18corrections which has the effect of postponing eligibility for parole has prospective
effect
31.19only and applies only with respect to persons committing offenses after the effective
date
31.20of the new rule or policy or change.
31.21(b) Upon being paroled and released, an inmate is and remains in the legal custody
and
31.22under the control of the commissioner, subject at any time to be returned to a facility
of the
31.23Department of Corrections established by law for the confinement or treatment of convicted
31.24persons and the parole rescinded by the commissioner.
31.25(c) The written order of the commissioner of corrections, is sufficient authority
for any
31.26peace officer, state correctional investigator, or state parole and probation agent
to retake
31.27and place in actual custody any person on parole or supervised release. In addition,
when
31.28it appears necessary in order to prevent escape or enforce discipline, any state parole
and
31.29probation agent or state correctional investigator may, without order of warrant,
take and
31.30detain a parolee or person on supervised release or work release and bring the person
to the
31.31commissioner for action.
31.32(d) The written order of the commissioner of corrections is sufficient authority for
any
31.33peace officer, state correctional investigator, or state parole and probation agent
to retake
32.1and place in actual custody any person on probation under the supervision of the
32.2commissioner pursuant to section
609.135. Additionally, when it appears necessary in order
32.3to prevent escape or enforce discipline, any state parole and probation agent or state
32.4correctional investigator may, without an order, retake and detain a probationer and
bring
32.5the probationer before the court for further proceedings under section
609.14.
32.6(e) The written order of the commissioner of corrections is sufficient authority for
any
32.7peace officer, state correctional investigator, or state parole and probation agent
to detain
32.8any person on pretrial release who absconds from pretrial release or fails to abide
by the
32.9conditions of pretrial release.
32.10(f) Persons conditionally released, and those on probation under the supervision of
the
32.11commissioner of corrections pursuant to section
609.135 may be placed within or outside
32.12the boundaries of the state at the discretion of the commissioner of corrections or
the court,
32.13and the limits fixed for these persons may be enlarged or reduced according to their
conduct.
32.14(g) Except as otherwise provided in subdivision 1b, in considering applications for
32.15conditional release or discharge, the commissioner is not required to hear oral argument
32.16from any attorney or other person not connected with an adult correctional facility
of the
32.17Department of Corrections in favor of or against the parole or release of any inmates.
The
32.18commissioner may institute inquiries by correspondence, taking testimony, or otherwise,
32.19as to the previous history, physical or mental condition, and character of the inmate
and, to
32.20that end, has the authority to require the attendance of the chief executive officer
of any
32.21state adult correctional facility and the production of the records of these facilities,
and to
32.22compel the attendance of witnesses. The commissioner is authorized to administer oaths
to
32.23witnesses for these purposes.
32.24(h) Unless the district court directs otherwise, state parole and probation agents
may
32.25require a person who is under the supervision of the commissioner of corrections to
perform
32.26community work service for violating a condition of probation imposed by the court.
32.27Community work service may be imposed for the purpose of protecting the public, to
aid
32.28the offender's rehabilitation, or both. Agents may impose up to eight hours of community
32.29work service for each violation and up to a total of 24 hours per offender per 12-month
32.30period, beginning with the date on which community work service is first imposed.
The
32.31commissioner may authorize an additional 40 hours of community work services, for
a total
32.32of 64 hours per offender per 12-month period, beginning with the date on which community
32.33work service is first imposed. At the time community work service is imposed, parole
and
32.34probation agents are required to provide written notice to the offender that states:
33.1(1) the condition of probation that has been violated;
33.2(2) the number of hours of community work service imposed for the violation; and
33.3(3) the total number of hours of community work service imposed to date in the 12-month
33.4period.
33.5An offender may challenge the imposition of community work service by filing a petition
33.6in district court. An offender must file the petition within five days of receiving
written
33.7notice that community work service is being imposed. If the offender challenges the
33.8imposition of community work service, the state bears the burden of showing, by a
33.9preponderance of the evidence, that the imposition of community work service is reasonable
33.10under the circumstances.
33.11Community work service includes sentencing to service.
33.12
new text begin (i) Prior to revoking a nonviolent controlled substance offender's parole or probation
new text end
33.13
new text begin based on a technical violation, when the offender does not present a risk to the public
and new text end
33.14
new text begin the offender is amenable to continued supervision in the community, a parole or probation
new text end
33.15
new text begin agent must identify community options to address and correct the violation including,
but new text end
33.16
new text begin not limited to, inpatient chemical dependency treatment. If a probation or parole
agent new text end
33.17
new text begin determines that community options are appropriate, the agent shall seek to restructure
the new text end
33.18
new text begin offender's terms of release to incorporate those options. If an offender on probation
stipulates new text end
33.19
new text begin in writing to restructure the terms of release, a probation agent must forward a report
to the new text end
33.20
new text begin district court containing:new text end
33.21
new text begin (1) the specific nature of the technical violation of probation;new text end
33.22
new text begin (2) the recommended restructure to the terms of probation; andnew text end
33.23
new text begin (3) a copy of the offender's signed stipulation indicating that the offender consents
to new text end
33.24
new text begin the restructuring of probation.new text end
33.25
new text begin The recommended restructuring of probation becomes effective when confirmed by a new text end
33.26
new text begin judge. The order of the court shall be proof of such confirmation and amend the terms
of new text end
33.27
new text begin the sentence imposed by the court under section 609.135. If a nonviolent controlled
substance new text end
33.28
new text begin offender's parole or probation is revoked, the offender's agent must first attempt
to place new text end
33.29
new text begin the offender in a local jail. For purposes of this paragraph, "nonviolent controlled
substance new text end
33.30
new text begin offender" is a person who meets the criteria described under section 244.0513, subdivision
new text end
33.31
new text begin 2, clauses (1), (2), and (5), and "technical violation" means any violation of a court
order new text end
33.32
new text begin of probation or a condition of parole, except an allegation of a subsequent criminal
act that new text end
33.33
new text begin is alleged in a formal complaint, citation, or petition.new text end
34.1 Sec. 7. Minnesota Statutes 2016, section 243.17, subdivision 1, is amended to read:
34.2 Subdivision 1.
Allowed expenses. The necessary expenses of sheriffs and other peace
34.3officers
new text begin commissioner of management and budget shall pay out of the state treasury to the
new text end
34.4
new text begin commissioner of corrections each fiscal year the amount necessary to offset expensesnew text end
34.5incurred in conveying
new text begin to conveynew text end convicted persons and children adjudicated delinquent and
34.6committed to the custody of the commissioner of corrections to the appropriate adult
or
34.7juvenile correctional facility as designated by the commissioner of corrections, including
34.8per diem and expenses of correctional officers, shall be allowed by the commissioner
of
34.9management and budget and paid out of the state treasury. The commissioner of management
34.10and budget may allow and pay for the necessary expenses incurred by the sheriff, deputy,
34.11or other peace officer in going to and returning from the correctional facility and
$10 per
34.12day for each correctional officer. Not more than one correctional officer shall be
allowed
34.13for one prisoner, but one additional correctional officer shall be allowed for every
two
34.14additional prisoners. All bills shall be in writing, fully itemized, verified, and
accompanied
34.15by the receipt of the chief executive officer of the facility for the delivery of
the convicted
34.16or adjudicated persons, in a form prescribed by the commissioner of management and
34.17budget.
new text begin The total amount of payments shall not exceed $500,000 each fiscal year. Payments
new text end
34.18
new text begin shall be made one or two times each fiscal year based on a fee schedule agreed to
by the new text end
34.19
new text begin Department of Corrections and the Minnesota Sheriffs' Association.new text end
34.20 Sec. 8. Minnesota Statutes 2016, section 244.05, subdivision 3, is amended to read:
34.21 Subd. 3.
Sanctions for violation. If an inmate violates the conditions of the inmate's
34.22supervised release imposed by the commissioner, the commissioner may:
34.23(1) continue the inmate's supervised release term, with or without modifying or enlarging
34.24the conditions imposed on the inmate; or
34.25(2) revoke the inmate's supervised release and reimprison the inmate for the appropriate
34.26period of time.
34.27
new text begin Prior to revoking a nonviolent controlled substance offender's supervised release
based new text end
34.28
new text begin on a technical violation, when the offender does not present a risk to the public
and the new text end
34.29
new text begin offender is amenable to continued supervision in the community, the commissioner must
new text end
34.30
new text begin identify community options to address and correct the violation including, but not
limited new text end
34.31
new text begin to, inpatient chemical dependency treatment. If the commissioner determines that community
new text end
34.32
new text begin options are appropriate, the commissioner shall restructure the inmate's terms of
release to new text end
34.33
new text begin incorporate those options. If a nonviolent controlled substance offender's supervised
release new text end
34.34
new text begin is revoked, the offender's agent must first attempt to place the offender in a local
jail. For new text end
35.1
new text begin purposes of this subdivision, "nonviolent controlled substance offender" is a person
who new text end
35.2
new text begin meets the criteria described under section 244.0513, subdivision 2, clauses (1), (2),
and (5), new text end
35.3
new text begin and "technical violation" means a violation of a condition of supervised release,
except an new text end
35.4
new text begin allegation of a subsequent criminal act that is alleged in a formal complaint, citation,
or new text end
35.5
new text begin petition.new text end
35.6The period of time for which a supervised release may be revoked may not exceed the
35.7period of time remaining in the inmate's sentence, except that if a sex offender is
sentenced
35.8and conditionally released under Minnesota Statutes 2004, section
609.108, subdivision 5,
35.9the period of time for which conditional release may be revoked may not exceed the
balance
35.10of the conditional release term.
35.11 Sec. 9. Minnesota Statutes 2016, section 244.198, is amended by adding a subdivision to
35.12read:
35.13
new text begin Subd. 1a.new text end new text begin Alternatives to incarceration.new text end new text begin At a sanctions conference regarding a new text end
35.14
new text begin nonviolent controlled substance offender, when the offender does not present a risk
to the new text end
35.15
new text begin public and the offender is amenable to continued supervision in the community, a probation
new text end
35.16
new text begin agency must identify community options to address and correct the violation including,
but new text end
35.17
new text begin not limited to, inpatient chemical dependency treatment. If the agency determines
that new text end
35.18
new text begin community options are appropriate, the county probation officer shall recommend a
sanction new text end
35.19
new text begin that incorporates those options. For purposes of this subdivision, "nonviolent controlled
new text end
35.20
new text begin substance offender" is a person who meets the criteria described under section 244.0513,
new text end
35.21
new text begin subdivision 2, clauses (1), (2), and (5).new text end
35.22 Sec. 10. Minnesota Statutes 2016, section 299A.55, subdivision 2, is amended to read:
35.23 Subd. 2.
Railroad and pipeline safety account. (a) A railroad and pipeline safety
35.24account is created in the special revenue fund. The account consists of funds collected
under
35.25subdivision 4 and funds donated, allotted, transferred, or otherwise provided to the
account.
35.26 (b) $104,000 is annually appropriated from the railroad and pipeline safety account
to
35.27the commissioner of the Pollution Control Agency for environmental protection activities
35.28related to railroad discharge preparedness under chapter 115E.
35.29(c)
new text begin $600,000 in fiscal year 2018 and $600,000 in fiscal year 2019 are appropriated from
new text end
35.30
new text begin the railroad and pipeline safety account to the commissioner of transportation for
improving new text end
35.31
new text begin safety at railroad grade crossings.new text end
36.1
new text begin (d)new text end Following the appropriation in paragraph
new text begin paragraphsnew text end (b)
new text begin and (c)new text end , the remaining
36.2money in the account is annually appropriated to the commissioner of public safety
for the
36.3purposes specified in subdivision 3.
36.4 Sec. 11. Minnesota Statutes 2016, section 299C.46, subdivision 6, is amended to read:
36.5 Subd. 6.
Orders for protection and no contact orders. (a) As used in this subdivision,
36.6"no contact orders" include orders issued as pretrial orders under section
629.72, subdivision
36.72
, orders under section
629.75, and orders issued as probationary or sentencing orders at
36.8the time of disposition in a criminal domestic abuse case.
36.9(b) The data communications network must include orders for protection issued under
36.10section
518B.01 and
new text begin , harassment restraining orders, andnew text end no contact orders issued against
36.11adults and juveniles. A no contact order must be accompanied by a photograph of the
36.12offender for the purpose of enforcement of the order, if a photograph is available
and verified
36.13by the court to be an image of the defendant.
36.14(c) Data from orders for protection
new text begin , harassment restraining orders,new text end or no contact orders
36.15and data entered by law enforcement to assist in the enforcement of those orders are
classified
36.16as private data on individuals as defined in section
13.02, subdivision 12. Data about the
36.17offender can be shared with the victim for purposes of enforcement of the order.
36.18 Sec. 12. Minnesota Statutes 2016, section 609.14, is amended by adding a subdivision to
36.19read:
36.20
new text begin Subd. 2a.new text end new text begin Alternatives to incarceration.new text end new text begin (a) A probation agent must present the court new text end
36.21
new text begin with local options to address and correct the violation including, but not limited
to, inpatient new text end
36.22
new text begin chemical dependency treatment when the defendant at a summary hearing provided by
new text end
36.23
new text begin subdivision 2 is:new text end
new text begin new text end 36.24
new text begin (1) a nonviolent controlled substance offender;new text end
36.25
new text begin (2) subject to supervised probation;new text end
36.26
new text begin (3) appearing based on a technical violation; andnew text end
36.27
new text begin (4) admitting or found to have violated any of the conditions of probation.new text end
36.28
new text begin (b) For purposes of this subdivision, "nonviolent controlled substance offender" is
a new text end
36.29
new text begin person who meets the criteria described under section 244.0513, subdivision 2, clauses
(1), new text end
36.30
new text begin (2), and (5), and "technical violation" has the meaning given in section 244.196,
subdivision new text end
36.31
new text begin 6.new text end
37.1 Sec. 13. Minnesota Statutes 2016, section 609.475, is amended to read:
37.2
609.475 IMPERSONATING OFFICERnew text begin A MILITARY SERVICE MEMBER, new text end
37.3
new text begin VETERAN, OR PUBLIC OFFICIALnew text end .
37.4Whoever falsely impersonates a police or military officer
new text begin an active or reserve component new text end
37.5
new text begin military service member, veteran,new text end or public official with intent to mislead another into
37.6believing that the impersonator is actually such officer or official
new text begin wrongfully obtain money, new text end
37.7
new text begin property, or any other tangible benefitnew text end is guilty of a misdemeanor.
37.8
new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2017, and applies to crimes new text end
37.9
new text begin committed on or after that date.new text end
37.10 Sec. 14.
new text begin [609.4751] IMPERSONATING A PEACE OFFICER.new text end
37.11
new text begin Subdivision 1.new text end new text begin Misdemeanor.new text end new text begin Whoever falsely impersonates a peace officer with intent new text end
37.12
new text begin to mislead another into believing that the impersonator is actually an officer is
guilty of a new text end
37.13
new text begin misdemeanor.new text end
37.14
new text begin Subd. 2.new text end new text begin Gross misdemeanor.new text end new text begin Whoever violates subdivision 1 while committing any new text end
37.15
new text begin of the following acts is guilty of a gross misdemeanor:new text end
37.16
new text begin (1) gaining access to a public building or government facility that is not open to
the new text end
37.17
new text begin public;new text end
37.18
new text begin (2) without legal authority, directing or ordering another person to act or refrain
from new text end
37.19
new text begin acting;new text end
37.20
new text begin (3) violating section 169.64, subdivision 2, 3, or 4, or the siren provisions of section
new text end
37.21
new text begin 169.68; ornew text end
37.22
new text begin (4) operating a motor vehicle marked:new text end
37.23
new text begin (i) with the word or words "police," "patrolman," "sheriff," "deputy," "trooper,"
"state new text end
37.24
new text begin patrol," "conservation officer," "agent," or "marshal"; ornew text end
37.25
new text begin (ii) with any lettering, marking, or insignia, or colorable imitation thereof, including,
new text end
37.26
new text begin but not limited to, stars, badges, or shields identifying the vehicle as a law enforcement
new text end
37.27
new text begin vehicle, and which a reasonable person would believe is a law enforcement vehicle
governed new text end
37.28
new text begin under section 169.98, subdivision 1.new text end
37.29
new text begin Subd. 3.new text end new text begin Felony.new text end new text begin Whoever violates this section within five years of a previous violation new text end
37.30
new text begin of this section is guilty of a felony and may be sentenced to imprisonment for not
more than new text end
37.31
new text begin two years or to payment of a fine of not more than $4,000, or both.new text end
38.1
new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2017, and applies to crimes new text end
38.2
new text begin committed on or after that date.new text end
38.3 Sec. 15. Minnesota Statutes 2016, section 609.595, subdivision 1, is amended to read:
38.4 Subdivision 1.
Criminal damage to property in the first degree. Whoever intentionally
38.5causes damage to physical property of another without the latter's consent may be
sentenced
38.6to imprisonment for not more than five years or to payment of a fine of not more than
38.7$10,000, or both, if:
38.8 (1) the damage to the property caused a reasonably foreseeable risk of bodily harm;
or
38.9 (2)
new text begin the property damaged was a public safety motor vehicle, the defendant knew the new text end
38.10
new text begin vehicle was a public safety motor vehicle, and the damage to the vehicle caused a
substantial new text end
38.11
new text begin interruption or impairment of public safety service or a reasonably foreseeable risk
of bodily new text end
38.12
new text begin harm; ornew text end
38.13
new text begin (3) new text end the property damaged belongs to a common carrier and the damage impairs the
38.14service to the public rendered by the carrier; or
38.15 (3)
new text begin (4) new text end the damage reduces the value of the property by more than $1,000 measured by
38.16the cost of repair and replacement; or
38.17 (4)
new text begin (5) new text end the damage reduces the value of the property by more than $500 measured by
38.18the cost of repair and replacement and the defendant has been convicted within the
preceding
38.19three years of an offense under this subdivision or subdivision 2.
38.20 In any prosecution under clause (3)
new text begin (4)new text end , the value of any property damaged by the
38.21defendant in violation of that clause within any six-month period may be aggregated
and
38.22the defendant charged accordingly in applying the provisions of this section; provided
that
38.23when two or more offenses are committed by the same person in two or more counties,
the
38.24accused may be prosecuted in any county in which one of the offenses was committed
for
38.25all of the offenses aggregated under this paragraph.
38.26
new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2017, and applies to crimes new text end
38.27
new text begin committed on or after that date.new text end
38.28 Sec. 16. Minnesota Statutes 2016, section 609.595, subdivision 2, is amended to read:
38.29 Subd. 2.
Criminal damage to property in the third degree. (a) Except as otherwise
38.30provided in subdivision 1a, whoever intentionally causes damage to another person's
physical
38.31property without the other person's consent may be sentenced to imprisonment for not
more
39.1than one year or to payment of a fine of not more than $3,000, or both, if
new text begin : (1)new text end the damage
39.2reduces the value of the property by more than $500 but not more than $1,000 as measured
39.3by the cost of repair and replacement
new text begin ; or (2) the damage was to a public safety motor vehicle new text end
39.4
new text begin and the defendant knew the vehicle was a public safety motor vehiclenew text end .
39.5 (b) Whoever intentionally causes damage to another person's physical property without
39.6the other person's consent because of the property owner's or another's actual or
perceived
39.7race, color, religion, sex, sexual orientation, disability as defined in section
363A.03, age,
39.8or national origin may be sentenced to imprisonment for not more than one year or
to
39.9payment of a fine of not more than $3,000, or both, if the damage reduces the value
of the
39.10property by not more than $500.
39.11 (c) In any prosecution under paragraph (a),
new text begin clause (1), new text end the value of property damaged
39.12by the defendant in violation of that paragraph within any six-month period may be
39.13aggregated and the defendant charged accordingly in applying this section. When two
or
39.14more offenses are committed by the same person in two or more counties, the accused
may
39.15be prosecuted in any county in which one of the offenses was committed for all of
the
39.16offenses aggregated under this paragraph.
39.17
new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2017, and applies to crimes new text end
39.18
new text begin committed on or after that date.new text end
39.19 Sec. 17. Minnesota Statutes 2016, section 609.595, is amended by adding a subdivision
39.20to read:
39.21
new text begin Subd. 4.new text end new text begin Definitions.new text end new text begin (a) As used in this section, "public safety motor vehicle" includes:new text end
39.22
new text begin (1) marked vehicles used by law enforcement agencies and specially marked vehicles
new text end
39.23
new text begin permitted under section 169.98, subdivision 2a, owned or leased by the state or a
political new text end
39.24
new text begin subdivision;new text end
39.25
new text begin (2) fire apparatuses, including fire-suppression support vehicles, owned or leased
by the new text end
39.26
new text begin state or a political subdivision;new text end
39.27
new text begin (3) ambulances owned or leased by the state or a political subdivision;new text end
39.28
new text begin (4) vehicles owned by ambulance services licensed under section 144E.10 that are new text end
39.29
new text begin equipped and specifically intended for emergency response or providing ambulance services;
new text end
39.30
new text begin andnew text end
39.31
new text begin (5) marked vehicles used by conservation officers of the Division of Enforcement and
new text end
39.32
new text begin Field Service of the Department of Natural Resources.new text end
40.1
new text begin (b) As used in subdivision 1, clause (2), and subdivision 2, paragraph (a), clause
(2), new text end
40.2
new text begin "damage" includes tampering with a public safety motor vehicle and acts that obstruct
or new text end
40.3
new text begin interfere with the vehicle's use.new text end
40.4
new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2017, and applies to crimes new text end
40.5
new text begin committed on or after that date.new text end
40.6 Sec. 18. Minnesota Statutes 2016, section 609.605, is amended by adding a subdivision
40.7to read:
40.8
new text begin Subd. 4a.new text end new text begin Trespass on a school bus.new text end new text begin (a) As used in this subdivision, "school bus" has new text end
40.9
new text begin the meaning given in section 169.011, subdivision 71.new text end
40.10
new text begin (b) As used in this subdivision, "pupils" means persons in grades prekindergarten
through new text end
40.11
new text begin grade 12.new text end
40.12
new text begin (c) A person who boards a school bus when the bus is on its route or otherwise in
new text end
40.13
new text begin operation, or while it has pupils on it, and who refuses to leave the bus on demand
of the new text end
40.14
new text begin bus operator, is guilty of a misdemeanor.new text end
40.15
new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2017, and applies to violations new text end
40.16
new text begin committed on or after that date.new text end
40.17 Sec. 19.
new text begin [609.6057] GEOGRAPHIC RESTRICTION.new text end
40.18
new text begin Subdivision 1.new text end new text begin Definition.new text end new text begin As used in this section, "geographic restriction" means a new text end
40.19
new text begin limitation prohibiting a defendant in a criminal proceeding or a juvenile offender
in a new text end
40.20
new text begin delinquency proceeding from entering a designated property or geographic area.new text end
40.21
new text begin Subd. 2.new text end new text begin Prohibited conduct; penalty.new text end new text begin A person who knows of a geographic restriction new text end
40.22
new text begin order issued against the person and intentionally enters or remains in the restricted
area is new text end
40.23
new text begin guilty of a misdemeanor.new text end
40.24
new text begin Subd. 3.new text end new text begin Notice.new text end new text begin (a) A geographic restriction may be issued as a pretrial order before new text end
40.25
new text begin final disposition of the underlying criminal case, as a postconviction probationary
order, or new text end
40.26
new text begin both. A geographic restriction order is independent of any condition of pretrial release
or new text end
40.27
new text begin probation imposed on the defendant. A geographic restriction order may be issued in
addition new text end
40.28
new text begin to a similar restriction imposed as a condition of pretrial release or probation.new text end
40.29
new text begin (b) A court may issue a geographic restriction upon a finding that its issuance will
serve new text end
40.30
new text begin the interests of protecting public safety or property. In making that determination,
a court new text end
40.31
new text begin shall consider the following factors:new text end
41.1
new text begin (1) whether a defendant's presence in a restricted area creates a risk to public safety
or new text end
41.2
new text begin property;new text end
41.3
new text begin (2) a defendant's criminal history;new text end
41.4
new text begin (3) the likelihood of future criminal activity within the restricted area; andnew text end
41.5
new text begin (4) any other factors deemed relevant by the court.new text end
41.6
new text begin (c) A court may grant any exceptions to a geographic restriction that it deems necessary
new text end
41.7
new text begin in order to avoid the imposition of a significant hardship upon a defendant. In determining
new text end
41.8
new text begin whether to grant an exception, a court shall also consider the impact of the exception
on the new text end
41.9
new text begin interests of protecting public safety or property.new text end
41.10
new text begin (d) A geographic restriction order under this section shall be issued in a proceeding
that new text end
41.11
new text begin is separate from but which may be held immediately following a proceeding in which
any new text end
41.12
new text begin pretrial release or sentencing issues are decided.new text end
41.13
new text begin (e) A court issuing a geographic restriction order under this section shall notify
a new text end
41.14
new text begin defendant:new text end
41.15
new text begin (1) of the area subject to a geographic restriction; andnew text end
41.16
new text begin (2) that violation of the geographic restriction order is a crime.new text end
41.17
new text begin Subd. 4.new text end new text begin Cancellation.new text end new text begin (a) A court shall cancel a pretrial geographic restriction order at new text end
41.18
new text begin the final disposition of the underlying criminal case.new text end
41.19
new text begin (b) A court shall cancel a postconviction geographic restriction order when an offender
new text end
41.20
new text begin completes a period of probationary supervision or is committed to the commissioner
of new text end
41.21
new text begin corrections.new text end
41.22
new text begin (c) A court may cancel a postconviction geographic restriction order at any time during
new text end
41.23
new text begin which an offender is under probationary supervision.new text end
41.24
new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2017, and applies to crimes new text end
41.25
new text begin committed on or after that date.new text end
41.26 Sec. 20. Minnesota Statutes 2016, section 609.748, subdivision 3, is amended to read:
41.27 Subd. 3.
Contents of petition; hearing; notice. (a) A petition for relief must allege
41.28facts sufficient to show the following:
41.29 (1) the name of the alleged harassment victim;
41.30 (2) the name of the respondent; and
42.1 (3) that the respondent has engaged in harassment.
42.2A petition for relief must state whether the petitioner has had a previous restraining
order
42.3in effect against the respondent. The petition shall be accompanied by an affidavit
made
42.4under oath stating the specific facts and circumstances from which relief is sought.
The
42.5court shall provide simplified forms and clerical assistance to help with the writing
and
42.6filing of a petition under this section and shall advise the petitioner of the right
to sue in
42.7forma pauperis under section
563.01. The court shall advise the petitioner of the right to
42.8request a hearing. If the petitioner does not request a hearing, the court shall advise
the
42.9petitioner that the respondent may request a hearing and that notice of the hearing
date and
42.10time will be provided to the petitioner by mail at least five days before the hearing.
Upon
42.11receipt of the petition and a request for a hearing by the petitioner, the court shall
order a
42.12hearing. Personal service must be made upon the respondent not less than five days
before
42.13the hearing. If personal service cannot be completed in time to give the respondent
the
42.14minimum notice required under this paragraph, the court may set a new hearing date.
Nothing
42.15in this section shall be construed as requiring a hearing on a matter that has no
merit.
42.16 (b) Notwithstanding paragraph (a), the order for a hearing and a temporary order issued
42.17under subdivision 4 may be served on the respondent by means of a one-week published
42.18notice under section
645.11, if:
42.19 (1) the petitioner files an affidavit with the court stating that an attempt at personal
42.20service made by a sheriff
new text begin peace officernew text end was unsuccessful because the respondent is avoiding
42.21service by concealment or otherwise; and
42.22 (2) a copy of the petition and order for hearing and any temporary restraining order
has
42.23been mailed to the respondent at the respondent's residence or place of business,
if the
42.24respondent is an organization, or the respondent's residence or place of business
is not known
42.25to the petitioner.
42.26 (c) Regardless of the method of service, if the respondent is a juvenile, whenever
possible,
42.27the court also shall have notice of the pendency of the case and of the time and place
of the
42.28hearing served by mail at the last known address upon any parent or guardian of the
juvenile
42.29respondent who is not the petitioner.
42.30 (d) A request for a hearing under this subdivision must be made within 20 days of
service
42.31of the petition.
43.1 Sec. 21. Minnesota Statutes 2016, section 609.748, subdivision 3a, is amended to read:
43.2 Subd. 3a.
Filing fee; cost of service. The filing fees for a restraining order under this
43.3section are waived for the petitioner if the petition alleges acts that would constitute
a
43.4violation of section
609.749, subdivision 2, 3, 4, or 5, or sections
609.342 to
609.3451. The
43.5court administrator and the sheriff of any county
new text begin any peace officernew text end in this state shall perform
43.6their duties relating to service of process without charge to the petitioner. The
court shall
43.7direct payment of the reasonable costs of service of process if served by a private
process
43.8server when the sheriff
new text begin a peace officernew text end is unavailable or if service is made by publication.
43.9The court may direct a respondent to pay to the court administrator the petitioner's
filing
43.10fees and reasonable costs of service of process if the court determines that the respondent
43.11has the ability to pay the petitioner's fees and costs.
43.12 Sec. 22. Minnesota Statutes 2016, section 609.748, subdivision 5, is amended to read:
43.13 Subd. 5.
Restraining order. (a) The court may issue a restraining order that provides
43.14any or all of the following:
43.15(1) orders the respondent to cease or avoid the harassment of another person; or
43.16(2) orders the respondent to have no contact with another person.
43.17(b) The court may issue an order under paragraph (a) if all of the following occur:
43.18 (1) the petitioner has filed a petition under subdivision 3;
43.19 (2) the sheriff
new text begin a peace officernew text end has served respondent with a copy of the temporary
43.20restraining order obtained under subdivision 4, and with notice of the right to request
a
43.21hearing, or service has been made by publication under subdivision 3, paragraph (b);
and
43.22 (3) the court finds at the hearing that there are reasonable grounds to believe that
the
43.23respondent has engaged in harassment.
43.24A restraining order may be issued only against the respondent named in the petition;
except
43.25that if the respondent is an organization, the order may be issued against and apply
to all of
43.26the members of the organization. If the court finds that the petitioner has had two
or more
43.27previous restraining orders in effect against the same respondent or the respondent
has
43.28violated a prior or existing restraining order on two or more occasions, relief granted
by the
43.29restraining order may be for a period of up to 50 years. In all other cases, relief
granted by
43.30the restraining order must be for a fixed period of not more than two years. When
a referee
43.31presides at the hearing on the petition, the restraining order becomes effective upon
the
43.32referee's signature.
44.1 (c) An order issued under this subdivision must be personally served upon the respondent.
44.2 (d) If the court orders relief for a period of up to 50 years under paragraph (a),
the
44.3respondent named in the restraining order may request to have the restraining order
vacated
44.4or modified if the order has been in effect for at least five years and the respondent
has not
44.5violated the order. Application for relief under this paragraph must be made in the
county
44.6in which the restraining order was issued. Upon receipt of the request, the court
shall set a
44.7hearing date. Personal service must be made upon the petitioner named in the restraining
44.8order not less than 30 days before the date of the hearing. At the hearing, the respondent
44.9named in the restraining order has the burden of proving by a preponderance of the
evidence
44.10that there has been a material change in circumstances and that the reasons upon which
the
44.11court relied in granting the restraining order no longer apply and are unlikely to
occur. If
44.12the court finds that the respondent named in the restraining order has met the burden
of
44.13proof, the court may vacate or modify the order. If the court finds that the respondent
named
44.14in the restraining order has not met the burden of proof, the court shall deny the
request and
44.15no request may be made to vacate or modify the restraining order until five years
have
44.16elapsed from the date of denial. An order vacated or modified under this paragraph
must
44.17be personally served on the petitioner named in the restraining order.
44.18 Sec. 23. Minnesota Statutes 2016, section 609.748, is amended by adding a subdivision
44.19to read:
44.20
new text begin Subd. 5a.new text end new text begin Short-form notification.new text end new text begin (a) In lieu of personal service of a harassment new text end
44.21
new text begin restraining order, a peace officer may serve a person with a short-form notification.
The new text end
44.22
new text begin short-form notification must include the following clauses: the respondent's name;
the new text end
44.23
new text begin respondent's date of birth, if known; the petitioner's name; the names of other protected
new text end
44.24
new text begin parties; the date and county in which the temporary restraining order or restraining
order new text end
44.25
new text begin was filed; the court file number; the hearing date and time, if known; the conditions
that new text end
44.26
new text begin apply to the respondent, either in checklist form or handwritten; and the name of
the judge new text end
44.27
new text begin who signed the order.new text end
44.28
new text begin The short-form notification must be in bold print in the following form:new text end
44.29
new text begin "The restraining order is now enforceable. You must report to your nearest sheriff's
new text end
44.30
new text begin office or county court to obtain a copy of the restraining order. You are subject
to arrest new text end
44.31
new text begin and may be charged with a misdemeanor, gross misdemeanor, or felony if you violate
any new text end
44.32
new text begin of the terms of the restraining order or this short-form notification."new text end
44.33
new text begin (b) Upon verification of the identity of the respondent and the existence of an unserved
new text end
44.34
new text begin harassment restraining order against the respondent, a law enforcement officer may
detain new text end
45.1
new text begin the respondent for a reasonable time necessary to complete and serve the short-form
new text end
45.2
new text begin notification.new text end
45.3
new text begin (c) When service is made by short-form notification, it may be proved by the affidavit
new text end
45.4
new text begin of the law enforcement officer making the service.new text end
45.5
new text begin (d) For service under this section only, service upon an individual may occur at any
new text end
45.6
new text begin time, including Sundays and legal holidays.new text end
45.7
new text begin (e) The superintendent of the Bureau of Criminal Apprehension shall provide the short
new text end
45.8
new text begin form to law enforcement agencies.new text end
45.9
new text begin EFFECTIVE DATE.new text end new text begin This section is effective 30 days following publication of a notice new text end
45.10
new text begin on the Bureau of Criminal Apprehension's website that a computer system is available
to new text end
45.11
new text begin send harassment restraining order data from the Minnesota judicial branch to law new text end
45.12
new text begin enforcement.new text end
45.13 Sec. 24. Minnesota Statutes 2016, section 609.748, is amended by adding a subdivision
45.14to read:
45.15
new text begin Subd. 5b.new text end new text begin Service by others.new text end new text begin In addition to peace officers, corrections officers, including new text end
45.16
new text begin but not limited to probation officers, court services officers, parole officers, and
employees new text end
45.17
new text begin of jails or correctional facilities, may serve a temporary restraining order or restraining
new text end
45.18
new text begin order.new text end
45.19 Sec. 25. Minnesota Statutes 2016, section 624.714, subdivision 17, is amended to read:
45.20 Subd. 17.
Posting; trespass. (a) A person carrying a firearm on or about his or her person
45.21or clothes under a permit or otherwise who remains at a private establishment knowing
that
45.22the operator of the establishment or its agent has made a reasonable request that
firearms
45.23not be brought into the establishment may be ordered to leave the premises. A person
who
45.24fails to leave when so requested is guilty of a petty misdemeanor. The fine for a
first offense
45.25must not exceed $25. Notwithstanding section
609.531, a firearm carried in violation of
45.26this subdivision is not subject to forfeiture.
45.27(b) As used in this subdivision, the terms in this paragraph have the meanings given.
45.28(1) "Reasonable request" means a request made under the following circumstances:
45.29(i) the requester has prominently posted a conspicuous sign at every entrance to the
45.30establishment containing the following language: "(INDICATE IDENTITY OF OPERATOR)
45.31BANS GUNS IN THESE PREMISES."; or
46.1(ii) the requester or the requester's agent personally informs the person that guns
are
46.2prohibited in the premises and demands compliance.
46.3(2) "Prominently" means readily visible and within four feet laterally of the entrance
46.4with the bottom of the sign at a height of four to six feet above the floor.
46.5(3) "Conspicuous" means lettering in black arial typeface at least 1-1/2 inches in
height
46.6against a bright contrasting background that is at least 187 square inches in area.
46.7(4) "Private establishment" means a building, structure, or portion thereof that is
owned,
46.8leased, controlled, or operated by a nongovernmental entity for a nongovernmental
purpose.
46.9(c) The owner or operator of a private establishment may not prohibit the lawful carry
46.10or possession of firearms in a parking facility or parking area.
46.11
new text begin (d) The owner or operator of a private establishment may not prohibit the lawful carry
new text end
46.12
new text begin or possession of firearms by a peace officer, as defined in section 626.84, subdivision
1, new text end
46.13
new text begin paragraph (c), within the private establishment or deny the officer access thereto,
except new text end
46.14
new text begin when specifically authorized by statute. The owner or operator of the private establishment
new text end
46.15
new text begin may require the display of official credentials issued by the agency that employs
the peace new text end
46.16
new text begin officer prior to granting the officer entry into the private establishment.new text end
46.17(d)
new text begin (e)new text end This subdivision does not apply to private residences. The lawful possessor of a
46.18private residence may prohibit firearms, and provide notice thereof, in any lawful
manner.
46.19(e)
new text begin (f)new text end A landlord may not restrict the lawful carry or possession of firearms by tenants
46.20or their guests.
46.21(f)
new text begin (g)new text end Notwithstanding any inconsistent provisions in section
609.605, this subdivision
46.22sets forth the exclusive criteria to notify a permit holder when otherwise lawful
firearm
46.23possession is not allowed in a private establishment and sets forth the exclusive
penalty for
46.24such activity.
46.25(g)
new text begin (h)new text end This subdivision does not apply to:
46.26(1) an active licensed peace officer; or
46.27(2) a security guard acting in the course and scope of employment.
new text begin The owner or operator new text end
46.28
new text begin of a private establishment may require the display of official credentials issued
by the new text end
46.29
new text begin company, which must be licensed by the Private Detective and Protective Agent Services
new text end
46.30
new text begin Board, that employs the security guard and the guard's permit card prior to granting
the new text end
46.31
new text begin guard entrance into the private establishment.new text end
47.1 Sec. 26.
new text begin [626.8469] TRAINING IN CRISIS RESPONSE, CONFLICT new text end
47.2
new text begin MANAGEMENT, AND CULTURAL DIVERSITY.new text end
47.3
new text begin Subdivision 1.new text end new text begin In-service training required.new text end new text begin Beginning July 1, 2018, the chief law new text end
47.4
new text begin enforcement officer of every state and local law enforcement agency shall provide
in-service new text end
47.5
new text begin training in crisis intervention and mental illness crises; conflict management and
mediation; new text end
47.6
new text begin and recognizing and valuing community diversity and cultural differences to include
implicit new text end
47.7
new text begin bias training to every peace officer and part-time peace officer employed by the agency.
new text end
47.8
new text begin The training shall comply with learning objectives developed and approved by the board
new text end
47.9
new text begin and shall meet board requirements for board-approved continuing education credit.
The new text end
47.10
new text begin training shall consist of at least 16 continuing education credits within an officer's
three-year new text end
47.11
new text begin licensing cycle. Each peace officer with a license renewal date after June 30, 2018,
is not new text end
47.12
new text begin required to complete this training until the officer's next full three-year licensing
cycle.new text end
47.13
new text begin Subd. 2.new text end new text begin Record keeping required.new text end new text begin The head of every local and state law enforcement new text end
47.14
new text begin agency shall maintain written records of the agency's compliance with the requirements
of new text end
47.15
new text begin subdivision 1. The documentation is subject to periodic review by the board, and shall
be new text end
47.16
new text begin made available to the board at its request.new text end
47.17
new text begin Subd. 3.new text end new text begin Licensing sanctions; injunctive relief.new text end new text begin The board may impose licensing new text end
47.18
new text begin sanctions and seek injunctive relief under section 214.11 for failure to comply with
the new text end
47.19
new text begin requirements of this section.new text end
47.20 Sec. 27. Laws 2009, chapter 59, article 3, section 4, subdivision 3, as amended by Laws
47.212011, chapter 87, section 1, subdivision 3, is amended to read:
47.22 Subd. 3.
Contract. Notwithstanding any law or ordinance to the contrary, an eligible
47.23city or county may contract with a third party to create and administer the diversion
program.
new text begin new text end
47.24
new text begin A third party administering the program under this section must annually provide to
the city new text end
47.25
new text begin or county a copy of an annual independent audit. At a minimum, the audit shall include
the new text end
47.26
new text begin following:new text end
47.27
new text begin (1) the amount charged for program fees;new text end
47.28
new text begin (2) the total number of participants in the pilot program;new text end
47.29
new text begin (3) the total amount of money collected from participants in the pilot program;new text end
47.30
new text begin (4) the total amount of money, detailed by category, paid or applied to reinstatement
new text end
47.31
new text begin fees, surcharges, criminal and traffic fines, and program fees;new text end
48.1
new text begin (5) the number of participants who successfully completed the pilot program in the
new text end
48.2
new text begin previous year;new text end
48.3
new text begin (6) the number of participants terminated from the pilot program under subdivision
7, new text end
48.4
new text begin paragraph (a), clauses (1) to (3);new text end
48.5
new text begin (7) the reimbursement policy for all payments listed under clause (4); andnew text end
48.6
new text begin (8) the amount of all payments listed under clause (4) retained from participants
who new text end
48.7
new text begin were terminated from the program.new text end
48.8
new text begin The third party administering the program must pay the cost of the audit.new text end
48.9 Sec. 28. Laws 2009, chapter 59, article 3, section 4, subdivision 8, as amended by Laws
48.102011, chapter 87, section 1, subdivision 8, is amended to read:
48.11 Subd. 8.
Report. (a) By February 1, 2013
new text begin 2019new text end , the commissioner of public safety and
48.12each eligible city and county that participates in the diversion program shall report
to the
48.13legislative committees with jurisdiction over transportation and the judiciary concerning
48.14the results of the program. The report must be made electronically and available in print
48.15only upon request.
new text begin At a minimum, new text end the report must include, without limitation, the effect of
48.16the program on:
48.17(1) recidivism rates for participants in the diversion pilot program;
48.18(2) payment of the
new text begin information for reinstatementnew text end fees
new text begin , surcharges,new text end and
new text begin criminal new text end fines
48.19collected in the diversion pilot program to cities, counties, and the state;
48.20(3) educational support provided to participants in the diversion pilot program; and
48.21(4) the total number of participants in the diversion pilot program and
new text begin ;new text end
48.22
new text begin (5)new text end the number of participants who have terminated from the pilot program under
48.23subdivision 7, paragraph (a), clauses (1) to (3)
new text begin ; andnew text end
48.24
new text begin (6) the names of all third-party program administrators and their program fee refund
new text end
48.25
new text begin policy, and, for each administrator the amount charged for program fees, and the amount
new text end
48.26
new text begin of program fees retained from participants who have terminated from the programnew text end .
48.27 (b) The report must include recommendations regarding the future of the program and
48.28any necessary legislative changes.
49.1 Sec. 29. Laws 2009, chapter 59, article 3, section 4, subdivision 9, as amended by Laws
49.22010, chapter 197, section 1, Laws 2011, chapter 87, section 1, subdivision 9, and
Laws
49.32013, chapter 127, section 60, is amended to read:
49.4 Subd. 9.
Sunset. A city or county participating in this pilot program may accept an
49.5individual for diversion into the pilot program until June 30, 2017
new text begin 2019new text end . The third party
49.6administering the diversion program may collect and disburse fees collected pursuant
to
49.7subdivision 6, paragraph (a), clause (2), through December 31, 2018
new text begin 2020new text end , at which time
49.8the pilot program under this section expires.
49.9 Sec. 30.
new text begin ALTERNATIVES TO INCARCERATION PILOT PROGRAM FUND.new text end
49.10
new text begin (a) Agencies providing supervision to offenders on probation, parole, or supervised
new text end
49.11
new text begin release are eligible for grants to facilitate access to community options including,
but not new text end
49.12
new text begin limited to, inpatient chemical dependency treatment for nonviolent controlled substance
new text end
49.13
new text begin offenders to address and correct behavior that is, or is likely to result in, a technical
violation new text end
49.14
new text begin of the conditions of release. For purposes of this section, "nonviolent controlled
substance new text end
49.15
new text begin offender" is a person who meets the criteria described under Minnesota Statutes, section
new text end
49.16
new text begin 244.0513, subdivision 2, clauses (1), (2), and (5), and "technical violation" means
a violation new text end
49.17
new text begin of a court order of probation, condition of parole, or condition of supervised release,
except new text end
49.18
new text begin an allegation of a subsequent criminal act that is alleged in a formal complaint,
citation, or new text end
49.19
new text begin petition.new text end
49.20
new text begin (b) The Department of Corrections shall establish criteria for selecting grant recipients
new text end
49.21
new text begin and the amount awarded to each grant recipient.new text end
49.22
new text begin (c) By January 15, 2019, the commissioner of corrections shall submit a report to
the new text end
49.23
new text begin chairs of the house of representatives and senate committees with jurisdiction over
public new text end
49.24
new text begin safety policy and finance. At a minimum, the report must include:new text end
49.25
new text begin (1) the total number of grants issued under this program;new text end
49.26
new text begin (2) the average amount of each grant;new text end
49.27
new text begin (3) the community services accessed as a result of the grants;new text end
49.28
new text begin (4) a summary of the type of supervision offenders were under when a grant was used
new text end
49.29
new text begin to help access a community option;new text end
49.30
new text begin (5) the number of individuals who completed, and the number who failed to complete,
new text end
49.31
new text begin programs accessed as a result of this grant; andnew text end
50.1
new text begin (6) the number of individuals who violated the terms of release following participation
new text end
50.2
new text begin in a program accessed as a result of this grant, separating technical violations and
new new text end
50.3
new text begin criminal offenses.new text end
50.4 Sec. 31.
new text begin ASSESSMENT OF APPLETON FACILITY.new text end
50.5
new text begin (a) The commissioner of corrections shall select an independent entity to conduct
a new text end
50.6
new text begin thorough assessment of the existing correctional facility located in Appleton, Minnesota.
new text end
50.7
new text begin This assessment must determine the current physical state of the facility and the
new text end
50.8
new text begin improvements to it, if any, that would be necessary for the department to open and
operate new text end
50.9
new text begin it to house Minnesota offenders in a manner consistent with other state correctional
facilities. new text end
50.10
new text begin The assessment must estimate the costs involved in upgrading, leasing or purchasing,
and new text end
50.11
new text begin operating the facility.new text end
50.12
new text begin (b) By January 15, 2018, the commissioner shall report the results of the assessment
to new text end
50.13
new text begin the chairs and ranking minority members of the senate and house of representatives
new text end
50.14
new text begin committees having jurisdiction over criminal justice policy and finance.new text end
50.15
ARTICLE 4
50.16
COURT-RELATED FEE DECREASES
50.17 Section 1. Minnesota Statutes 2016, section 357.021, subdivision 2, is amended to read:
50.18 Subd. 2.
Fee amounts. The fees to be charged and collected by the court administrator
50.19shall be as follows:
50.20 (1) In every civil action or proceeding in said court, including any case arising
under
50.21the tax laws of the state that could be transferred or appealed to the Tax Court,
the plaintiff,
50.22petitioner, or other moving party shall pay, when the first paper is filed for that
party in said
50.23action, a fee of $310
new text begin $285new text end , except in marriage dissolution actions the fee is $340
new text begin $315new text end .
50.24 The defendant or other adverse or intervening party, or any one or more of several
50.25defendants or other adverse or intervening parties appearing separately from the others,
50.26shall pay, when the first paper is filed for that party in said action, a fee of $310
new text begin $285new text end , except
50.27in marriage dissolution actions the fee is $340
new text begin $315new text end . This subdivision does not apply to the
50.28filing of an Application for Discharge of Judgment. Section
548.181 applies to an Application
50.29for Discharge of Judgment.
50.30 The party requesting a trial by jury shall pay $100.
50.31 The fees above stated shall be the full trial fee chargeable to said parties irrespective
of
50.32whether trial be to the court alone, to the court and jury, or disposed of without
trial, and
51.1shall include the entry of judgment in the action, but does not include copies or
certified
51.2copies of any papers so filed or proceedings under chapter 103E, except the provisions
51.3therein as to appeals.
51.4 (2) Certified copy of any instrument from a civil or criminal proceeding, $14, and
$8
51.5for an uncertified copy.
51.6 (3) Issuing a subpoena, $16 for each name.
51.7 (4) Filing a motion or response to a motion in civil, family, excluding child support,
and
51.8guardianship cases, $100
new text begin $75new text end .
51.9 (5) Issuing an execution and filing the return thereof; issuing a writ of attachment,
51.10injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not
specifically
51.11mentioned, $55.
51.12 (6) Issuing a transcript of judgment, or for filing and docketing a transcript of
judgment
51.13from another court, $40.
51.14 (7) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment
of
51.15judgment, $5.
51.16 (8) Certificate as to existence or nonexistence of judgments docketed, $5 for each
name
51.17certified to.
51.18 (9) Filing and indexing trade name; or recording basic science certificate; or recording
51.19certificate of physicians, osteopathic physicians, chiropractors, veterinarians, or
optometrists,
51.20$5.
51.21 (10) For the filing of each partial, final, or annual account in all trusteeships,
$55.
51.22 (11) For the deposit of a will, $27.
51.23 (12) For recording notary commission, $20.
51.24 (13) Filing a motion or response to a motion for modification of child support, a
fee of
51.25$100
new text begin $50new text end .
51.26 (14) All other services required by law for which no fee is provided, such fee as
compares
51.27favorably with those herein provided, or such as may be fixed by rule or order of
the court.
51.28 (15) In addition to any other filing fees under this chapter, a surcharge in the amount
of
51.29$75 must be assessed in accordance with section
259.52, subdivision 14, for each adoption
51.30petition filed in district court to fund the fathers' adoption registry under section
259.52.
52.1 The fees in clauses (3) and (5) need not be paid by a public authority or the party
the
52.2public authority represents.
52.3 Sec. 2. Minnesota Statutes 2016, section 609.748, subdivision 3a, is amended to read:
52.4 Subd. 3a.
Filing fee; cost of service. The filing fees for a restraining order under this
52.5section are waived for the petitioner
new text begin and the respondent new text end if the petition alleges acts that would
52.6constitute a violation of section
609.749, subdivision 2, 3, 4, or 5, or sections
609.342 to
52.7609.3451
. The court administrator and the sheriff of any county in this state shall perform
52.8their duties relating to service of process without charge to the petitioner. The
court shall
52.9direct payment of the reasonable costs of service of process if served by a private
process
52.10server when the sheriff is unavailable or if service is made by publication. The court may
52.11direct a respondent to pay to the court administrator the petitioner's filing fees
and reasonable
52.12costs of service of process if the court determines that the respondent has the ability
to pay
52.13the petitioner's fees and costs.
52.14
ARTICLE 5
52.15
CONTROLLED SUBSTANCES
52.16 Section 1. Minnesota Statutes 2016, section 152.02, subdivision 2, is amended to read:
52.17 Subd. 2.
Schedule I. (a) Schedule I consists of the substances listed in this subdivision.
52.18(b) Opiates. Unless specifically excepted or unless listed in another schedule, any
of the
52.19following substances, including their analogs, isomers, esters, ethers, salts, and
salts of
52.20isomers, esters, and ethers, whenever the existence of the analogs, isomers, esters,
ethers,
52.21and salts is possible:
52.22(1) acetylmethadol;
52.23(2) allylprodine;
52.24(3) alphacetylmethadol (except levo-alphacetylmethadol, also known as levomethadyl
52.25acetate);
52.26(4) alphameprodine;
52.27(5) alphamethadol;
52.28(6) alpha-methylfentanyl benzethidine;
52.29(7) betacetylmethadol;
52.30(8) betameprodine;
53.1(9) betamethadol;
53.2(10) betaprodine;
53.3(11) clonitazene;
53.4(12) dextromoramide;
53.5(13) diampromide;
53.6(14) diethyliambutene;
53.7(15) difenoxin;
53.8(16) dimenoxadol;
53.9(17) dimepheptanol;
53.10(18) dimethyliambutene;
53.11(19) dioxaphetyl butyrate;
53.12(20) dipipanone;
53.13(21) ethylmethylthiambutene;
53.14(22) etonitazene;
53.15(23) etoxeridine;
53.16(24) furethidine;
53.17(25) hydroxypethidine;
53.18(26) ketobemidone;
53.19(27) levomoramide;
53.20(28) levophenacylmorphan;
53.21(29) 3-methylfentanyl;
53.22(30) acetyl-alpha-methylfentanyl;
53.23(31) alpha-methylthiofentanyl;
53.24(32) benzylfentanyl beta-hydroxyfentanyl;
53.25(33) beta-hydroxy-3-methylfentanyl;
53.26(34) 3-methylthiofentanyl;
53.27(35) thenylfentanyl;
54.1(36) thiofentanyl;
54.2(37) para-fluorofentanyl;
54.3(38) morpheridine;
54.4(39) 1-methyl-4-phenyl-4-propionoxypiperidine;
54.5(40) noracymethadol;
54.6(41) norlevorphanol;
54.7(42) normethadone;
54.8(43) norpipanone;
54.9(44) 1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine (PEPAP);
54.10(45) phenadoxone;
54.11(46) phenampromide;
54.12(47) phenomorphan;
54.13(48) phenoperidine;
54.14(49) piritramide;
54.15(50) proheptazine;
54.16(51) properidine;
54.17(52) propiram;
54.18(53) racemoramide;
54.19(54) tilidine;
54.20(55) trimeperidine;
54.21(56) N-(1-Phenethylpiperidin-4-yl)-N-phenylacetamide (acetyl fentanyl)
new text begin ;new text end
54.22
new text begin (57) new text end
54.23
new text begin 3,4-dichloro-N-[(1R,2R)-2-(dimethylamino)cyclohexyl]-N-methylbenzamide(U47700); new text end
54.24
new text begin andnew text end
54.25
new text begin (58) N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]furan-2-carboxamide(furanylfentanyl)new text end .
54.26(c) Opium derivatives. Any of the following substances, their analogs, salts, isomers,
54.27and salts of isomers, unless specifically excepted or unless listed in another schedule,
54.28whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
55.1(1) acetorphine;
55.2(2) acetyldihydrocodeine;
55.3(3) benzylmorphine;
55.4(4) codeine methylbromide;
55.5(5) codeine-n-oxide;
55.6(6) cyprenorphine;
55.7(7) desomorphine;
55.8(8) dihydromorphine;
55.9(9) drotebanol;
55.10(10) etorphine;
55.11(11) heroin;
55.12(12) hydromorphinol;
55.13(13) methyldesorphine;
55.14(14) methyldihydromorphine;
55.15(15) morphine methylbromide;
55.16(16) morphine methylsulfonate;
55.17(17) morphine-n-oxide;
55.18(18) myrophine;
55.19(19) nicocodeine;
55.20(20) nicomorphine;
55.21(21) normorphine;
55.22(22) pholcodine;
new text begin andnew text end
55.23(23) thebacon.
55.24(d) Hallucinogens. Any material, compound, mixture or preparation which contains any
55.25quantity of the following substances, their analogs, salts, isomers (whether optical,
positional,
55.26or geometric), and salts of isomers, unless specifically excepted or unless listed
in another
55.27schedule, whenever the existence of the analogs, salts, isomers, and salts of isomers
is
55.28possible:
56.1(1) methylenedioxy amphetamine;
56.2(2) methylenedioxymethamphetamine;
56.3(3) methylenedioxy-N-ethylamphetamine (MDEA);
56.4(4) n-hydroxy-methylenedioxyamphetamine;
56.5(5) 4-bromo-2,5-dimethoxyamphetamine (DOB);
56.6(6) 2,5-dimethoxyamphetamine (2,5-DMA);
56.7(7) 4-methoxyamphetamine;
56.8(8) 5-methoxy-3, 4-methylenedioxyamphetamine;
56.9(9) alpha-ethyltryptamine;
56.10(10) bufotenine;
56.11(11) diethyltryptamine;
56.12(12) dimethyltryptamine;
56.13(13) 3,4,5-trimethoxyamphetamine;
56.14(14) 4-methyl-2, 5-dimethoxyamphetamine (DOM);
56.15(15) ibogaine;
56.16(16) lysergic acid diethylamide (LSD);
56.17(17) mescaline;
56.18(18) parahexyl;
56.19(19) N-ethyl-3-piperidyl benzilate;
56.20(20) N-methyl-3-piperidyl benzilate;
56.21(21) psilocybin;
56.22(22) psilocyn;
56.23(23) tenocyclidine (TPCP or TCP);
56.24(24) N-ethyl-1-phenyl-cyclohexylamine (PCE);
56.25(25) 1-(1-phenylcyclohexyl) pyrrolidine (PCPy);
56.26(26) 1-[1-(2-thienyl)cyclohexyl]-pyrrolidine (TCPy);
56.27(27) 4-chloro-2,5-dimethoxyamphetamine (DOC);
57.1(28) 4-ethyl-2,5-dimethoxyamphetamine (DOET);
57.2(29) 4-iodo-2,5-dimethoxyamphetamine (DOI);
57.3(30) 4-bromo-2,5-dimethoxyphenethylamine (2C-B);
57.4(31) 4-chloro-2,5-dimethoxyphenethylamine (2C-C);
57.5(32) 4-methyl-2,5-dimethoxyphenethylamine (2C-D);
57.6(33) 4-ethyl-2,5-dimethoxyphenethylamine (2C-E);
57.7(34) 4-iodo-2,5-dimethoxyphenethylamine (2C-I);
57.8(35) 4-propyl-2,5-dimethoxyphenethylamine (2C-P);
57.9(36) 4-isopropylthio-2,5-dimethoxyphenethylamine (2C-T-4);
57.10(37) 4-propylthio-2,5-dimethoxyphenethylamine (2C-T-7);
57.11(38) 2-(8-bromo-2,3,6,7-tetrahydrofuro [2,3-f][1]benzofuran-4-yl)ethanamine
57.12(2-CB-FLY);
57.13(39) bromo-benzodifuranyl-isopropylamine (Bromo-DragonFLY);
57.14(40) alpha-methyltryptamine (AMT);
57.15(41) N,N-diisopropyltryptamine (DiPT);
57.16(42) 4-acetoxy-N,N-dimethyltryptamine (4-AcO-DMT);
57.17(43) 4-acetoxy-N,N-diethyltryptamine (4-AcO-DET);
57.18(44) 4-hydroxy-N-methyl-N-propyltryptamine (4-HO-MPT);
57.19(45) 4-hydroxy-N,N-dipropyltryptamine (4-HO-DPT);
57.20(46) 4-hydroxy-N,N-diallyltryptamine (4-HO-DALT);
57.21(47) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT);
57.22(48) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DiPT);
57.23(49) 5-methoxy-α-methyltryptamine (5-MeO-AMT);
57.24(50) 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT);
57.25(51) 5-methylthio-N,N-dimethyltryptamine (5-MeS-DMT);
57.26(52) 5-methoxy-N-methyl-N-propyltryptamine
new text begin new text end
57.27
new text begin 5-methoxy-N-methyl-N-isopropyltryptaminenew text end (5-MeO-MiPT);
57.28(53) 5-methoxy-α-ethyltryptamine (5-MeO-AET);
58.1(54) 5-methoxy-N,N-dipropyltryptamine (5-MeO-DPT);
58.2(55) 5-methoxy-N,N-diethyltryptamine (5-MeO-DET);
58.3(56) 5-methoxy-N,N-diallyltryptamine (5-MeO-DALT);
58.4(57) methoxetamine (MXE);
58.5(58) 5-iodo-2-aminoindane (5-IAI);
58.6(59) 5,6-methylenedioxy-2-aminoindane (MDAI);
58.7(60) 2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25B-NBOMe);
58.8(61) 2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25C-NBOMe);
58.9(62) 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25I-NBOMe);
58.10(63) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);
58.11(64) 2-(4-Ethylthio-2,5-dimethoxyphenyl)ethanamine (2C-T-2);
58.12(65) N,N-Dipropyltryptamine (DPT);
58.13(66) 3-[1-(Piperidin-1-yl)cyclohexyl]phenol (3-HO-PCP);
58.14(67) N-ethyl-1-(3-methoxyphenyl)cyclohexanamine (3-MeO-PCE);
58.15(68) 4-[1-(3-methoxyphenyl)cyclohexyl]morpholine (3-MeO-PCMo);
58.16(69) 1-[1-(4-methoxyphenyl)cyclohexyl]-piperidine (methoxydine, 4-MeO-PCP);
58.17(70) 2-(2-Chlorophenyl)-2-(ethylamino)cyclohexan-1-one (N-Ethylnorketamine,
58.18ethketamine, NENK); and
58.19(71) methylenedioxy-N,N-dimethylamphetamine (MDDMA)
new text begin ;new text end
58.20
new text begin (72) 3-(2-Ethyl(methyl)aminoethyl)-1H-indol-4-yl (4-AcO-MET); andnew text end
58.21
new text begin (73) 2-Phenyl-2-(methylamino)cyclohexanone (deschloroketamine)new text end .
58.22(e) Peyote. All parts of the plant presently classified botanically as Lophophora
williamsii
58.23Lemaire, whether growing or not, the seeds thereof, any extract from any part of the
plant,
58.24and every compound, manufacture, salts, derivative, mixture, or preparation of the
plant,
58.25its seeds or extracts. The listing of peyote as a controlled substance in Schedule
I does not
58.26apply to the nondrug use of peyote in bona fide religious ceremonies of the American
Indian
58.27Church, and members of the American Indian Church are exempt from registration. Any
58.28person who manufactures peyote for or distributes peyote to the American Indian Church,
59.1however, is required to obtain federal registration annually and to comply with all
other
59.2requirements of law.
59.3(f) Central nervous system depressants. Unless specifically excepted or unless listed
in
59.4another schedule, any material compound, mixture, or preparation which contains any
59.5quantity of the following substances, their analogs, salts, isomers, and salts of
isomers
59.6whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
59.7(1) mecloqualone;
59.8(2) methaqualone;
59.9(3) gamma-hydroxybutyric acid (GHB), including its esters and ethers;
59.10(4) flunitrazepam; and
59.11(5) 2-(2-Methoxyphenyl)-2-(methylamino)cyclohexanone (2-MeO-2-deschloroketamine,
59.12methoxyketamine).
59.13(g) Stimulants. Unless specifically excepted or unless listed in another schedule,
any
59.14material compound, mixture, or preparation which contains any quantity of the following
59.15substances, their analogs, salts, isomers, and salts of isomers whenever the existence
of the
59.16analogs, salts, isomers, and salts of isomers is possible:
59.17 (1) aminorex;
59.18(2) cathinone;
59.19(3) fenethylline;
59.20 (4) methcathinone;
59.21(5) methylaminorex;
59.22(6) N,N-dimethylamphetamine;
59.23(7) N-benzylpiperazine (BZP);
59.24(8) methylmethcathinone (mephedrone);
59.25(9) 3,4-methylenedioxy-N-methylcathinone (methylone);
59.26(10) methoxymethcathinone (methedrone);
59.27(11) methylenedioxypyrovalerone (MDPV);
59.28(12) 3-fluoro-N-methylcathinone (3-FMC);
59.29(13) methylethcathinone (MEC);
60.1(14) 1-benzofuran-6-ylpropan-2-amine (6-APB);
60.2(15) dimethylmethcathinone (DMMC);
60.3(16) fluoroamphetamine;
60.4(17) fluoromethamphetamine;
60.5(18) α-methylaminobutyrophenone (MABP or buphedrone);
60.6(19) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one (butylone);
60.7(20) 2-(methylamino)-1-(4-methylphenyl)butan-1-one (4-MEMABP or BZ-6378);
60.8(21) 1-(naphthalen-2-yl)-2-(pyrrolidin-1-yl) pentan-1-one (naphthylpyrovalerone or
60.9naphyrone);
60.10(22) (alpha-pyrrolidinopentiophenone (alpha-PVP);
60.11(23) (RS)-1-(4-methylphenyl)-2-(1-pyrrolidinyl)-1-hexanone (4-Me-PHP or MPHP);
60.12(24) 2-(1-pyrrolidinyl)-hexanophenone (Alpha-PHP);
60.13(25) 4-methyl-N-ethylcathinone (4-MEC);
60.14(26) 4-methyl-alpha-pyrrolidinopropiophenone (4-MePPP);
60.15(27) 2-(methylamino)-1-phenylpentan-1-one (pentedrone);
60.16(28) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one (pentylone);
60.17(29) 4-fluoro-N-methylcathinone (4-FMC);
60.18(30) 3,4-methylenedioxy-N-ethylcathinone (ethylone);
60.19(31) alpha-pyrrolidinobutiophenone (α-PBP);
60.20(32) 5-(2-Aminopropyl)-2,3-dihydrobenzofuran (5-APDB);
60.21(33) 1-phenyl-2-(1-pyrrolidinyl)-1-heptanone (PV8);
60.22(34) 6-(2-Aminopropyl)-2,3-dihydrobenzofuran (6-APDB); and
60.23(35)
new text begin 4-methyl-alpha-ethylaminopentiophenone (4-MEAPP);new text end
60.24
new text begin (36) 4'-chloro-alpha-pyrrolidinopropiophenone (4-chloro-PPP);new text end
60.25
new text begin (37) 1-(1,3-Benzodioxol-5-yl)-2-(dimethylamino)butan-1-one (dibutylone, bk-DMBDB);
new text end
60.26
new text begin andnew text end
60.27
new text begin (38) new text end any other substance, except bupropion or compounds listed under a different
60.28schedule, that is structurally derived from 2-aminopropan-1-one by substitution at
the
61.11-position with either phenyl, naphthyl, or thiophene ring systems, whether or not
the
61.2compound is further modified in any of the following ways:
61.3(i) by substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy,
61.4haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in
the ring
61.5system by one or more other univalent substituents;
61.6(ii) by substitution at the 3-position with an acyclic alkyl substituent;
61.7(iii) by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or
61.8methoxybenzyl groups; or
61.9(iv) by inclusion of the 2-amino nitrogen atom in a cyclic structure.
61.10(h) Marijuana, tetrahydrocannabinols, and synthetic cannabinoids. Unless specifically
61.11excepted or unless listed in another schedule, any natural or synthetic material,
compound,
61.12mixture, or preparation that contains any quantity of the following substances, their
analogs,
61.13isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever
the existence
61.14of the isomers, esters, ethers, or salts is possible:
61.15(1) marijuana;
61.16(2) tetrahydrocannabinols naturally contained in a plant of the genus Cannabis, synthetic
61.17equivalents of the substances contained in the cannabis plant or in the resinous extractives
61.18of the plant, or synthetic substances with similar chemical structure and pharmacological
61.19activity to those substances contained in the plant or resinous extract, including,
but not
61.20limited to, 1 cis or trans tetrahydrocannabinol, 6 cis or trans tetrahydrocannabinol,
and 3,4
61.21cis or trans tetrahydrocannabinol;
61.22(3) synthetic cannabinoids, including the following substances:
61.23(i) Naphthoylindoles, which are any compounds containing a 3-(1-napthoyl)indole
61.24structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
61.25alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
61.262-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring
to any
61.27extent and whether or not substituted in the naphthyl ring to any extent. Examples
of
61.28naphthoylindoles include, but are not limited to:
61.29(A) 1-Pentyl-3-(1-naphthoyl)indole (JWH-018 and AM-678);
61.30(B) 1-Butyl-3-(1-naphthoyl)indole (JWH-073);
61.31(C) 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole (JWH-081);
61.32(D) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);
62.1(E) 1-Propyl-2-methyl-3-(1-naphthoyl)indole (JWH-015);
62.2(F) 1-Hexyl-3-(1-naphthoyl)indole (JWH-019);
62.3(G) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122);
62.4(H) 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole (JWH-210);
62.5(I) 1-Pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398);
62.6(J) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM-2201).
62.7(ii) Napthylmethylindoles, which are any compounds containing a
62.81H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom
of the
62.9indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
62.101-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further
62.11substituted in the indole ring to any extent and whether or not substituted in the
naphthyl
62.12ring to any extent. Examples of naphthylmethylindoles include, but are not limited
to:
62.13(A) 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane (JWH-175);
62.14(B) 1-Pentyl-1H-indol-3-yl-(4-methyl-1-naphthyl)methane (JWH-184).
62.15(iii) Naphthoylpyrroles, which are any compounds containing a 3-(1-naphthoyl)pyrrole
62.16structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl,
haloalkyl,
62.17alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
62.182-(4-morpholinyl)ethyl group whether or not further substituted in the pyrrole ring
to any
62.19extent, whether or not substituted in the naphthyl ring to any extent. Examples of
62.20naphthoylpyrroles include, but are not limited to,
62.21(5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1-ylmethanone (JWH-307).
62.22(iv) Naphthylmethylindenes, which are any compounds containing a naphthylideneindene
62.23structure with substitution at the 3-position of the indene ring by an allkyl, haloalkyl,
alkenyl,
62.24cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
62.252-(4-morpholinyl)ethyl group whether or not further substituted in the indene ring
to any
62.26extent, whether or not substituted in the naphthyl ring to any extent. Examples of
62.27naphthylemethylindenes include, but are not limited to,
62.28E-1-[1-(1-naphthalenylmethylene)-1H-inden-3-yl]pentane (JWH-176).
62.29(v) Phenylacetylindoles, which are any compounds containing a 3-phenylacetylindole
62.30structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
62.31alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
62.322-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring
to any
63.1extent, whether or not substituted in the phenyl ring to any extent. Examples of
63.2phenylacetylindoles include, but are not limited to:
63.3(A) 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (RCS-8);
63.4(B) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250);
63.5(C) 1-pentyl-3-(2-methylphenylacetyl)indole (JWH-251);
63.6(D) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203).
63.7(vi) Cyclohexylphenols, which are compounds containing a
63.82-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position of the
phenolic
63.9ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
63.101-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not substituted
63.11in the cyclohexyl ring to any extent. Examples of cyclohexylphenols include, but are
not
63.12limited to:
63.13(A) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP 47,497);
63.14(B) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol
63.15(Cannabicyclohexanol or CP 47,497 C8 homologue);
63.16(C) 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl]
63.17-phenol (CP 55,940).
63.18(vii) Benzoylindoles, which are any compounds containing a 3-(benzoyl)indole structure
63.19with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
alkenyl,
63.20cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
63.212-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring
to any
63.22extent and whether or not substituted in the phenyl ring to any extent. Examples of
63.23benzoylindoles include, but are not limited to:
63.24(A) 1-Pentyl-3-(4-methoxybenzoyl)indole (RCS-4);
63.25(B) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694);
63.26(C) (4-methoxyphenyl-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-yl]methanone (WIN
63.2748,098 or Pravadoline).
63.28(viii) Others specifically named:
63.29(A) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)
63.30-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (HU-210);
64.1(B) (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)
64.2-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (Dexanabinol or HU-211);
64.3(C) 2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]
64.4-1,4-benzoxazin-6-yl-1-naphthalenylmethanone (WIN 55,212-2);
64.5(D) (1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (UR-144);
64.6(E) (1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone
64.7(XLR-11);
64.8(F) 1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indazole-3-carboxamide
64.9(AKB-48(APINACA));
64.10(G) N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide
64.11(5-Fluoro-AKB-48);
64.12(H) 1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid (PB-22);
64.13(I) 8-quinolinyl ester-1-(5-fluoropentyl)-1H-indole-3-carboxylic acid (5-Fluoro PB-22);
64.14(J) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-pentyl-1H-indazole- 3-carboxamide
64.15(AB-PINACA);
64.16(K) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-[(4-fluorophenyl)methyl]-
64.171H-indazole-3-carboxamide (AB-FUBINACA);
64.18(L) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-(cyclohexylmethyl)-1H-
64.19indazole-3-carboxamide(AB-CHMINACA);
64.20(M) (S)-methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3- methylbutanoate
64.21(5-fluoro-AMB);
64.22(N) [1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl) methanone (THJ-2201);
64.23(O) (1-(5-fluoropentyl)-1H-benzo[d]imidazol-2-yl)(naphthalen-1-yl)methanone)
64.24(FUBIMINA);
64.25(P) (7-methoxy-1-(2-morpholinoethyl)-N-((1S,2S,4R)-1,3,3-trimethylbicyclo
64.26[2.2.1]heptan-2-yl)-1H-indole-3-carboxamide (MN-25 or UR-12);
64.27(Q) (S)-N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)
64.28-1H-indole-3-carboxamide (5-fluoro-ABICA);
64.29(R) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl)
64.30-1H-indole-3-carboxamide;
65.1(S) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl)
65.2-1H-indazole-3-carboxamide;
65.3(T) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido) -3,3-dimethylbutanoate;
65.4(U) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1(cyclohexylmethyl)-1
65.5H-indazole-3-carboxamide (MAB-CHMINACA);
65.6(V) N-(1-Amino-3,3-dimethyl-1-oxo-2-butanyl)-1-pentyl-1H-indazole-3-carboxamide
65.7(ADB-PINACA);
65.8(W) methyl (1-(4-fluorobenzyl)-1H-indazole-3-carbonyl)-L-valinate (FUB-AMB);
65.9(X)
65.10N-[(1S)-2-amino-2-oxo-1-(phenylmethyl)ethyl]-1-(cyclohexylmethyl)-1H-Indazole-3-carboxamide.
65.11(APP-CHMINACA); and
65.12(Y) quinolin-8-yl 1-(4-fluorobenzyl)-1H-indole-3-carboxylate (FUB-PB-22)
new text begin ; andnew text end
65.13
new text begin (Z) methyl N-[1-(cyclohexylmethyl)-1H-indole-3-carbonyl]valinate (MMB-CHMICA)new text end .
65.14(i) A controlled substance analog, to the extent that it is implicitly or explicitly
intended
65.15for human consumption.
65.16
new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2017, and applies to crimes new text end
65.17
new text begin committed on or after that date.new text end
65.18 Sec. 2. Minnesota Statutes 2016, section 152.02, subdivision 12, is amended to read:
65.19 Subd. 12.
Coordination of controlled substance regulation with federal law and
65.20
state statute. new text begin (a) new text end If any substance is designated, rescheduled, or deleted as a controlled
65.21substance under federal law and notice thereof is given to the state Board of Pharmacy, the
65.22state Board of Pharmacy shall
new text begin maynew text end similarly
new text begin and temporarily new text end control the substance under
65.23this chapter, after the expiration of 30 days from publication in the Federal Register of a
65.24final order designating a substance as a controlled substance or rescheduling or deleting
a
65.25substance. Such order shall be filed with the secretary of state. If within that 30-day
period,
65.26the state Board of Pharmacy objects to inclusion, rescheduling, or deletion, it shall
publish
65.27the reasons for objection and afford all interested parties an opportunity to be heard.
At the
65.28conclusion of the hearing, the state Board of Pharmacy shall publish its decision,
which
65.29shall be subject to the provisions of chapter 14
new text begin by issuing an order and causing it to be new text end
65.30
new text begin published in the State Register and filed with the secretary of state. In issuing
the order, the new text end
65.31
new text begin board is not required to engage in rulemaking. The order expires no later than 12
months new text end
65.32
new text begin after the date of issue and may not be renewed. After issuing the order, the board
may new text end
66.1
new text begin permanently schedule the substance only by exercising the authority granted to it
under new text end
66.2
new text begin subdivision 8new text end .
66.3In exercising the authority granted by this chapter, the state Board of Pharmacy shall
be
66.4subject to the provisions of chapter 14.
66.5
new text begin (b) new text end The state Board of Pharmacy shall annually submit a report to the legislature on or
66.6before December 1 that specifies what changes the board made to the controlled substance
66.7schedules maintained by the board in Minnesota Rules, parts 6800.4210 to 6800.4250, in
66.8the preceding 12 months
new text begin . The report must also specify any orders issued by the board under new text end
66.9
new text begin this subdivisionnew text end . The report must include specific recommendations for amending the
66.10controlled substance schedules contained in subdivisions 2 to 6, so that they conform
with
66.11the controlled substance schedules maintained by the board in Minnesota Rules, parts
66.126800.4210 to 6800.4250
new text begin , and with the federal schedulesnew text end .
66.13 Sec. 3. Minnesota Statutes 2016, section 152.02, is amended by adding a subdivision to
66.14read:
66.15
new text begin Subd. 14.new text end new text begin Procedural requirements.new text end new text begin Except as otherwise permitted in this section, the new text end
66.16
new text begin Board of Pharmacy is subject to the provisions of chapter 14 in exercising the authority
new text end
66.17
new text begin granted by this chapter.new text end "
66.18Delete the title and insert:
66.19"A bill for an act
66.20relating to public safety; modifying certain provisions relating to courts, public
66.21safety, corrections, crime, and controlled substances; requesting reports; providing
66.22for penalties; appropriating money for public safety, courts, corrections, Guardian
66.23Ad Litem Board, Uniform Laws Commission, Board on Judicial Standards, Board
66.24of Public Defense, Sentencing Guidelines, Peace Officer Standards and Training
66.25(POST) Board, and Private Detective Board;amending Minnesota Statutes 2016,
66.26sections 2.722, subdivision 1; 3.739, subdivision 1; 12.221, subdivision 6; 12B.15,
66.27subdivision 2; 13.69, subdivision 1; 152.02, subdivisions 2, 12, by adding a
66.28subdivision; 152.105; 171.015, by adding a subdivision; 243.05, subdivision 1;
66.29243.17, subdivision 1; 243.49; 244.05, subdivision 3; 244.198, by adding a
66.30subdivision; 271.21, subdivision 2; 299A.55, subdivision 2; 299A.707, subdivision
66.312; 299C.46, subdivision 6; 357.021, subdivision 2; 357.42; 358.116; 480.242,
66.32subdivision 2; 484.70, subdivision 7; 484.702, by adding a subdivision; 486.05,
66.33subdivision 1; 486.06; 518.179, subdivision 2; 609.14, by adding a subdivision;
66.34609.475; 609.48, by adding a subdivision; 609.595, subdivisions 1, 2, by adding
66.35a subdivision; 609.605, by adding a subdivision; 609.748, subdivisions 3, 3a, 4,
66.365, by adding subdivisions; 624.714, subdivision 17; 631.52, subdivision 2; 634.36;
66.37Laws 2009, chapter 59, article 3, section 4, subdivisions 3, as amended, 8, as
66.38amended, 9, as amended; proposing coding for new law in Minnesota Statutes,
66.39chapters 134A; 609; 626; repealing Minnesota Statutes 2016, sections 486.05,
66.40subdivision 1a; 525.112."
67.1
We request the adoption of this report and repassage of the bill.
67.2
House Conferees:
67.3
.....
.....
67.4
Tony Cornish
Brian Johnson
67.5
.....
.....
67.6
Nick Zerwas
Peggy Scott
67.7
.....
67.8
Debra Hilstrom
67.9
Senate Conferees:
67.10
.....
.....
67.11
Warren Limmer
Jerry Relph
67.12
.....
.....
67.13
Mark Johnson
Bruce D. Anderson
67.14
.....
67.15
Ron Latz