1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 803
1.2A bill for an act
1.3relating to public safety; appropriating money for public safety, courts, corrections,
1.4Guardian Ad Litem Board, Uniform Laws Commission, Board on Judicial
1.5Standards, Board of Public Defense, Sentencing Guidelines, Peace Officer
1.6Standards and Training (POST) Board, Private Detective Board, and Human Rights;
1.7lowering certain court-related fees;amending Minnesota Statutes 2016, sections
1.813.69, subdivision 1; 271.21, subdivision 2; 357.021, subdivision 2; 609.748,
1.9subdivision 3a.
1.10May 8, 2017
1.11The Honorable Michelle L. Fischbach
1.12President of the Senate
1.13The Honorable Kurt L. Daudt
1.14Speaker of the House of Representatives
1.15We, the undersigned conferees for S.F. No. 803 report that we have agreed upon the
1.16items in dispute and recommend as follows:
1.17That the House recede from its amendments and that S.F. No. 803 be further amended
1.18as follows:
1.19Delete everything after the enacting clause and insert:
1.20"
ARTICLE 1
1.21
APPROPRIATIONS
1.22
Section 1. new text begin APPROPRIATIONS.new text end
1.23
new text begin The sums shown in the columns marked "Appropriations" are appropriated to the agencies
new text end
1.24
new text begin and for the purposes specified in this article. The appropriations are from the general
fund, new text end
1.25
new text begin or another named fund, and are available for the fiscal years indicated for each purpose.
new text end
1.26
new text begin The figures "2018" and "2019" used in this article mean that the appropriations listed
under new text end
1.27
new text begin them are available for the fiscal year ending June 30, 2018, or June 30, 2019, respectively.
new text end
1.28
new text begin "The first year" is fiscal year 2018. "The second year" is fiscal year 2019. "The
biennium" new text end
2.1
new text begin is fiscal years 2018 and 2019. Appropriations for the fiscal year ending June 30,
2017, are new text end
2.2
new text begin effective the day following final enactment.new text end
2.3
new text begin APPROPRIATIONSnew text end
2.4
new text begin Available for the Yearnew text end
2.5
new text begin Ending June 30new text end
2.6
new text begin 2017new text end
new text begin 2018new text end
new text begin 2019new text end
2.7
Sec. 2. new text begin SUPREME COURTnew text end
2.8
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 49,848,000new text end
new text begin $new text end
new text begin new text end new text begin 50,262,000new text end
2.9
new text begin The amounts that may be spent for each new text end
2.10
new text begin purpose are specified in the following new text end
2.11
new text begin subdivisions.new text end
2.12
new text begin Subd. 2.new text end new text begin Supreme Court Operationsnew text end
new text begin 36,378,000new text end
new text begin 36,792,000new text end
2.13
new text begin (a) new text end new text begin Contingent Accountnew text end
new text begin new text end 2.14
new text begin $5,000 each year is for a contingent account new text end
2.15
new text begin for expenses necessary for the normal new text end
2.16
new text begin operation of the court for which no other new text end
2.17
new text begin reimbursement is provided.new text end
2.18
new text begin (b) new text end new text begin Harassment Restraining Ordersnew text end
new text begin new text end 2.19
new text begin $993,000 each year is to implement the new text end
2.20
new text begin changes related to harassment restraining new text end
2.21
new text begin orders required in article 3. The base for this new text end
2.22
new text begin activity is $993,000 in fiscal year 2020 and new text end
2.23
new text begin zero in fiscal year 2021.new text end
2.24
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 13,470,000new text end
new text begin new text end new text begin 13,470,000new text end
2.25
new text begin Legal Services to Low-Income Clients in new text end
2.26
new text begin Family Law Matters.new text end new text begin $948,000 each year is new text end
2.27
new text begin to improve the access of low-income clients new text end
2.28
new text begin to legal representation in family law matters. new text end
2.29
new text begin This appropriation must be distributed under new text end
2.30
new text begin Minnesota Statutes, section 480.242, to the new text end
2.31
new text begin qualified legal services program described in new text end
2.32
new text begin Minnesota Statutes, section 480.242, new text end
2.33
new text begin subdivision 2, paragraph (a). Any new text end
2.34
new text begin unencumbered balance remaining in the first new text end
3.1
new text begin year does not cancel and is available in the new text end
3.2
new text begin second year.new text end
3.3
Sec. 3. new text begin COURT OF APPEALSnew text end
new text begin $new text end
new text begin 12,082,000new text end
new text begin $new text end
new text begin 12,163,000new text end
3.4
Sec. 4. new text begin DISTRICT COURTSnew text end
new text begin $new text end
new text begin new text end new text begin 283,495,000new text end
new text begin $new text end
new text begin new text end new text begin 286,074,000new text end
3.5
new text begin (a)new text end new text begin New Trial Judgesnew text end
new text begin new text end 3.6
new text begin $884,000 the first year and $818,000 the new text end
3.7
new text begin second year are for two new trial court judge new text end
3.8
new text begin units.new text end
3.9
new text begin (b)new text end new text begin Mandated Servicesnew text end
new text begin new text end 3.10
new text begin $503,000 the first year and $504,000 the new text end
3.11
new text begin second year are for mandated court services.new text end
3.12
new text begin (c)new text end new text begin Treatment Courts Stabilitynew text end
new text begin new text end 3.13
new text begin $100,000 each year is for treatment courts new text end
3.14
new text begin stability.new text end
3.15
Sec. 5. new text begin GUARDIAN AD LITEM BOARDnew text end
new text begin $new text end
new text begin 15,547,000new text end
new text begin $new text end
new text begin 15,675,000new text end
3.16
Sec. 6. new text begin TAX COURTnew text end
new text begin $new text end
new text begin 1,501,000new text end
new text begin $new text end
new text begin 1,505,000new text end
3.17
new text begin $104,000 each year is for a case management new text end
3.18
new text begin system.new text end
3.19
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
3.20
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
3.21
new text begin Major Disciplinary Actions.new text end new text begin $125,000 each new text end
3.22
new text begin year is for special investigative and hearing new text end
3.23
new text begin costs for major disciplinary actions undertaken new text end
3.24
new text begin by the board. This appropriation does not new text end
3.25
new text begin cancel. Any unencumbered and unspent new text end
3.26
new text begin balances remain available for these new text end
3.27
new text begin expenditures until June 30, 2021.new text end
3.28
Sec. 9. new text begin BOARD OF PUBLIC DEFENSEnew text end
new text begin $new text end
new text begin 84,083,000new text end
new text begin $new text end
new text begin 84,853,000new text end
4.1
Sec. 10. new text begin SENTENCING GUIDELINESnew text end
new text begin $new text end
new text begin 647,000new text end
new text begin $new text end
new text begin 651,000new text end
4.2
Sec. 11. new text begin PUBLIC SAFETYnew text end
4.3
new text begin Subdivision 1.new text end new text begin Total Appropriationnew text end
new text begin $new text end
new text begin 189,984,000new text end
new text begin $new text end
new text begin 190,388,000new text end
4.4
new text begin Appropriations by Fundnew text end
4.5
new text begin 2018new text end
new text begin 2019new text end
4.6
new text begin Generalnew text end
new text begin 96,912,000new text end
new text begin 97,153,000new text end
4.7
new text begin Special Revenuenew text end
new text begin 13,436,000new text end
new text begin 13,572,000new text end
4.8
4.9
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
4.10
new text begin Environmentalnew text end
new text begin 73,000new text end
new text begin 73,000new text end
4.11
new text begin Trunk Highwaynew text end
new text begin 2,341,000new text end
new text begin 2,356,000new text end
4.12
new text begin 911 Fundnew text end
new text begin 77,119,000new text end
new text begin 77,131,000new text end
4.13
new text begin The amounts that may be spent for each new text end
4.14
new text begin purpose are specified in the following new text end
4.15
new text begin subdivisions.new text end
4.16
new text begin Subd. 2.new text end new text begin Emergency Managementnew text end
new text begin new text end
new text begin 4,779,000new text end
new text begin 3,893,000new text end
4.17
new text begin Appropriations by Fundnew text end
4.18
new text begin Generalnew text end
new text begin new text end
new text begin 3,306,000new text end
new text begin 2,420,000new text end
4.19
new text begin Environmentalnew text end
new text begin 73,000new text end
new text begin 73,000new text end
4.20
4.21
new text begin Special Revenue new text end
new text begin Fundnew text end
new text begin 1,400,000new text end
new text begin 1,400,000new text end
4.22
new text begin (a) new text end new text begin Hazmat and Chemical Assessment new text end
4.23
new text begin Teamsnew text end
4.24
new text begin $850,000 each year is from the fire safety new text end
4.25
new text begin account in the special revenue fund. These new text end
4.26
new text begin amounts must be used to fund the hazardous new text end
4.27
new text begin materials and chemical assessment teams. Of new text end
4.28
new text begin this amount, $100,000 the first year is for new text end
4.29
new text begin cases for which there is no identified new text end
4.30
new text begin responsible party.new text end
4.31
new text begin (b) new text end new text begin Emergency Response Teamsnew text end
4.32
new text begin $550,000 each year is from the fire safety new text end
4.33
new text begin account in the special revenue fund to maintain new text end
4.34
new text begin three emergency response teams: one under new text end
5.1
new text begin the jurisdiction of the St. Cloud Fire new text end
5.2
new text begin Department or a similarly located fire new text end
5.3
new text begin department if necessary; one under the new text end
5.4
new text begin jurisdiction of the Duluth Fire Department; new text end
5.5
new text begin and one under the jurisdiction of the Moorhead new text end
5.6
new text begin Fire Department. The commissioner must new text end
5.7
new text begin allocate the appropriation as follows: (1) new text end
5.8
new text begin $225,000 each year to the St. Cloud Fire new text end
5.9
new text begin Department; (2) $225,000 each year to the new text end
5.10
new text begin Duluth Fire Department; and (3) $100,000 new text end
5.11
new text begin each year to the Moorhead Fire Department. new text end
5.12
new text begin These are onetime appropriations.new text end
5.13
new text begin (c) new text end new text begin Roseau County Disaster Reimbursementnew text end
5.14
new text begin $750,000 the first year is from the general fund new text end
5.15
new text begin for distribution to Roseau County for new text end
5.16
new text begin reimbursement of costs to repair public new text end
5.17
new text begin infrastructure damaged by the 1999 and 2002 new text end
5.18
new text begin floods.new text end
5.19
new text begin (d) new text end new text begin Supplemental Nonprofit Security Grantsnew text end
5.20
new text begin $150,000 the first year is from the general fund new text end
5.21
new text begin for supplemental nonprofit security grants new text end
5.22
new text begin under this paragraph.new text end
5.23
new text begin Nonprofit organizations whose applications new text end
5.24
new text begin for funding through the Federal Emergency new text end
5.25
new text begin Management Agency's nonprofit security grant new text end
5.26
new text begin program have been approved by the Division new text end
5.27
new text begin of Homeland Security and Emergency new text end
5.28
new text begin Management are eligible for grants under this new text end
5.29
new text begin paragraph. No additional application shall be new text end
5.30
new text begin required for grants under this paragraph, and new text end
5.31
new text begin an application for a grant from the federal new text end
5.32
new text begin program is also an application for funding new text end
5.33
new text begin from the state supplemental program.new text end
6.1
new text begin Eligible organizations may receive grants of new text end
6.2
new text begin up to $75,000, except that the total received new text end
6.3
new text begin by any individual from both the federal new text end
6.4
new text begin nonprofit security grant program and the state new text end
6.5
new text begin supplemental nonprofit security grant program new text end
6.6
new text begin shall not exceed $75,000. Grants shall be new text end
6.7
new text begin awarded in an order consistent with the new text end
6.8
new text begin ranking given to applicants for the federal new text end
6.9
new text begin nonprofit security grant program. No grants new text end
6.10
new text begin under the state supplemental nonprofit security new text end
6.11
new text begin grant program shall be awarded until the new text end
6.12
new text begin announcement of the recipients and the new text end
6.13
new text begin amount of the grants awarded under the federal new text end
6.14
new text begin nonprofit security grant program.new text end
6.15
new text begin The commissioner may use up to one percent new text end
6.16
new text begin of the appropriation received under this new text end
6.17
new text begin paragraph to pay costs incurred by the new text end
6.18
new text begin department in administering the supplemental new text end
6.19
new text begin nonprofit security grant program.new text end
6.20
new text begin Subd. 3.new text end new text begin Criminal Apprehensionnew text end
new text begin 54,388,000new text end
new text begin 55,502,000new text end
6.21
new text begin Appropriations by Fundnew text end
6.22
new text begin Generalnew text end
new text begin 52,040,000new text end
new text begin 53,139,000new text end
6.23
6.24
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
6.25
new text begin Trunk Highwaynew text end
new text begin 2,341,000new text end
new text begin 2,356,000new text end
6.26
new text begin (a)new text end new text begin DWI Lab Analysis; Trunk Highway new text end
6.27
new text begin Fundnew text end
new text begin new text end 6.28
new text begin Notwithstanding Minnesota Statutes, section new text end
6.29
new text begin 161.20, subdivision 3, $2,341,000 the first new text end
6.30
new text begin year and $2,356,000 the second year are from new text end
6.31
new text begin the trunk highway fund for laboratory analysis new text end
6.32
new text begin related to driving-while-impaired cases.new text end
6.33
new text begin (b) new text end new text begin Predatory Registration Systemnew text end
6.34
new text begin $1,000,000 the second year is to be used to new text end
6.35
new text begin build the predatory registration system. This new text end
7.1
new text begin appropriation is available until June 30, 2020. new text end
7.2
new text begin The base for fiscal year 2020 is $3,100,000 new text end
7.3
new text begin and the base for fiscal year 2021 is $400,000 new text end
7.4
new text begin to maintain the system.new text end
7.5
new text begin (c) new text end new text begin BCA Investment Initiativenew text end
7.6
new text begin $275,000 each year is:new text end
7.7
new text begin (1) for an additional firearms examiner; andnew text end
7.8
new text begin (2) for additional staff in the drug chemistry new text end
7.9
new text begin lab.new text end
7.10
new text begin (d) new text end new text begin Harassment Restraining Ordersnew text end
7.11
new text begin $169,000 the first year and $47,000 the second new text end
7.12
new text begin year are for the Bureau of Criminal new text end
7.13
new text begin Apprehension to implement the changes new text end
7.14
new text begin related to harassment restraining orders new text end
7.15
new text begin required in article 3.new text end
7.16
new text begin (e)new text end new text begin Base Adjustmentnew text end
7.17
new text begin The base from the general fund for the Bureau new text end
7.18
new text begin of Criminal Apprehension is $55,239,000 in new text end
7.19
new text begin fiscal year 2020 and $52,539,000 in fiscal year new text end
7.20
new text begin 2021.new text end
7.21
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
7.22
new text begin Appropriations by Fundnew text end
7.23
new text begin Special Revenuenew text end
new text begin 6,274,000new text end
new text begin 6,408,000new text end
7.24
new text begin The special revenue fund appropriation is from new text end
7.25
new text begin the fire safety account in the special revenue new text end
7.26
new text begin fund and is for activities under Minnesota new text end
7.27
new text begin Statutes, section 299F.012.new text end
7.28
new text begin Inspectionsnew text end
7.29
new text begin $300,000 each year is for inspection of nursing new text end
7.30
new text begin homes and boarding care facilities.new text end
7.31
7.32
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
7.33
new text begin Appropriations by Fundnew text end
8.1
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
8.2
new text begin The special revenue fund appropriation is from new text end
8.3
new text begin the fire safety account in the special revenue new text end
8.4
new text begin fund and is for activities under Minnesota new text end
8.5
new text begin Statutes, section 299F.012.new text end
8.6
new text begin (a) new text end new text begin Firefighter Training and Educationnew text end
8.7
new text begin $4,265,000 each year is for firefighter training new text end
8.8
new text begin and education.new text end
8.9
new text begin (b) new text end new text begin Task Force 1new text end
8.10
new text begin $500,000 each year is for the Minnesota Task new text end
8.11
new text begin Force 1.new text end
8.12
new text begin (c) new text end new text begin Air Rescuenew text end
8.13
new text begin $250,000 each year is for the Minnesota Air new text end
8.14
new text begin Rescue Team.new text end
8.15
new text begin (d) new text end new text begin Unappropriated Revenuenew text end
8.16
new text begin Any additional unappropriated money new text end
8.17
new text begin collected in fiscal year 2017 is appropriated new text end
8.18
new text begin to the commissioner of public safety for the new text end
8.19
new text begin purposes of Minnesota Statutes, section new text end
8.20
new text begin 299F.012. The commissioner may transfer new text end
8.21
new text begin appropriations and base amounts between new text end
8.22
new text begin activities in this subdivision.new text end
8.23
new text begin Subd. 6.new text end new text begin Alcohol and Gambling Enforcementnew text end
new text begin 2,506,000new text end
new text begin 2,521,000new text end
8.24
new text begin Appropriations by Fundnew text end
8.25
new text begin Generalnew text end
new text begin 1,759,000new text end
new text begin 1,772,000new text end
8.26
new text begin Special Revenuenew text end
new text begin 747,000new text end
new text begin 749,000new text end
8.27
new text begin $677,000 the first year and $679,000 the new text end
8.28
new text begin second year are from the alcohol enforcement new text end
8.29
new text begin account in the special revenue fund. Of this new text end
8.30
new text begin appropriation, $500,000 each year shall be new text end
8.31
new text begin transferred to the general fund.new text end
8.32
new text begin $70,000 each year is from the lawful gambling new text end
8.33
new text begin regulation account in the special revenue fund.new text end
9.1
new text begin Field Agent or Alcohol Educatornew text end
9.2
new text begin $90,000 each year is from the general fund for new text end
9.3
new text begin a field agent or an alcohol educator.new text end
9.4
new text begin Subd. 7.new text end new text begin Office of Justice Programsnew text end
new text begin 39,903,000new text end
new text begin 39,918,000new text end
9.5
new text begin Appropriations by Fundnew text end
9.6
new text begin Generalnew text end
new text begin 39,807,000new text end
new text begin 39,822,000new text end
9.7
9.8
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
9.9
new text begin (a) new text end new text begin OJP Administration Costsnew text end
9.10
new text begin Up to 2.5 percent of the grant funds new text end
9.11
new text begin appropriated in this subdivision may be used new text end
9.12
new text begin by the commissioner to administer the grant new text end
9.13
new text begin program.new text end
9.14
new text begin (b) new text end new text begin Violent Crime Enforcementnew text end
9.15
new text begin $35,000 each year is for additional grants for new text end
9.16
new text begin Statewide Violent Crime Enforcement Teams.new text end
9.17
new text begin (c) new text end new text begin Combating Terrorism Recruitmentnew text end
9.18
new text begin $250,000 each year is for grants to local law new text end
9.19
new text begin enforcement agencies to develop strategies new text end
9.20
new text begin and make efforts to combat the recruitment of new text end
9.21
new text begin Minnesota residents by terrorist organizations new text end
9.22
new text begin such as ISIS and al-Shabaab. This is a onetime new text end
9.23
new text begin appropriation.new text end
9.24
new text begin (d) new text end new text begin Sex Trafficking Prevention Grantsnew text end
9.25
new text begin $180,000 each year is for grants to state and new text end
9.26
new text begin local units of government for the following new text end
9.27
new text begin purposes:new text end
9.28
new text begin (1) to support new or existing new text end
9.29
new text begin multijurisdictional entities to investigate sex new text end
9.30
new text begin trafficking crimes; andnew text end
9.31
new text begin (2) to provide technical assistance, including new text end
9.32
new text begin training and case consultation, to law new text end
9.33
new text begin enforcement agencies statewide.new text end
10.1
new text begin (e) new text end new text begin Pathway to Policing Reimbursement Grantsnew text end
10.2
new text begin $400,000 each year is for reimbursement new text end
10.3
new text begin grants to local units of government that operate new text end
10.4
new text begin pathway to policing programs intended to new text end
10.5
new text begin bring persons with nontraditional backgrounds new text end
10.6
new text begin into law enforcement. Applicants for new text end
10.7
new text begin reimbursement grants may receive up to 50 new text end
10.8
new text begin percent of the cost of compensating and new text end
10.9
new text begin training pathway to policing participants. new text end
10.10
new text begin Reimbursement grants shall be proportionally new text end
10.11
new text begin allocated based on the number of grant new text end
10.12
new text begin applications approved by the commissioner.new text end
10.13
new text begin Subd. 8.new text end new text begin Emergency Communication Networksnew text end
new text begin 77,119,000new text end
new text begin 77,131,000new text end
10.14
new text begin This appropriation is from the state new text end
10.15
new text begin government special revenue fund for 911 new text end
10.16
new text begin emergency telecommunications services.new text end
10.17
new text begin This appropriation includes funds for new text end
10.18
new text begin information technology project services and new text end
10.19
new text begin support subject to the provisions of Minnesota new text end
10.20
new text begin Statutes, section 16E.0466. Any ongoing new text end
10.21
new text begin information technology costs will be new text end
10.22
new text begin incorporated into the service level agreement new text end
10.23
new text begin and will be paid to the Office of MN.IT new text end
10.24
new text begin Services by the Department of Public Safety new text end
10.25
new text begin under the rates and mechanism specified in new text end
10.26
new text begin that agreement.new text end
10.27
new text begin (a) new text end new text begin Public Safety Answering Pointsnew text end
10.28
new text begin $13,664,000 each year is to be distributed as new text end
10.29
new text begin provided in Minnesota Statutes, section new text end
10.30
new text begin 403.113, subdivision 2.new text end
10.31
new text begin (b)new text end new text begin Medical Resource Communication Centersnew text end
10.32
new text begin $683,000 each year is for grants to the new text end
10.33
new text begin Minnesota Emergency Medical Services new text end
10.34
new text begin Regulatory Board for the Metro East and new text end
11.1
new text begin Metro West Medical Resource new text end
11.2
new text begin Communication Centers that were in operation new text end
11.3
new text begin before January 1, 2000.new text end
11.4
new text begin (c) new text end new text begin ARMER Debt Servicenew text end
11.5
new text begin $23,261,000 each year is to the commissioner new text end
11.6
new text begin of management and budget to pay debt service new text end
11.7
new text begin on revenue bonds issued under Minnesota new text end
11.8
new text begin Statutes, section 403.275.new text end
11.9
new text begin Any portion of this appropriation not needed new text end
11.10
new text begin to pay debt service in a fiscal year may be used new text end
11.11
new text begin by the commissioner of public safety to pay new text end
11.12
new text begin cash for any of the capital improvements for new text end
11.13
new text begin which bond proceeds were appropriated by new text end
11.14
new text begin Laws 2005, chapter 136, article 1, section 9, new text end
11.15
new text begin subdivision 8; or Laws 2007, chapter 54, new text end
11.16
new text begin article 1, section 10, subdivision 8.new text end
11.17
new text begin (d) new text end new text begin ARMER State Backbone Operating new text end
11.18
new text begin Costsnew text end
11.19
new text begin $9,650,000 each year is to the commissioner new text end
11.20
new text begin of transportation for costs of maintaining and new text end
11.21
new text begin operating the statewide radio system new text end
11.22
new text begin backbone.new text end
11.23
new text begin (e) new text end new text begin ARMER Improvementsnew text end
11.24
new text begin $1,000,000 each year is to the Statewide new text end
11.25
new text begin Emergency Communications Board for new text end
11.26
new text begin improvements to those elements of the new text end
11.27
new text begin statewide public safety radio and new text end
11.28
new text begin communication system that support mutual new text end
11.29
new text begin aid communications and emergency medical new text end
11.30
new text begin services or provide interim enhancement of new text end
11.31
new text begin public safety communication interoperability new text end
11.32
new text begin in those areas of the state where the statewide new text end
11.33
new text begin public safety radio and communication system new text end
11.34
new text begin is not yet implemented, and grants to local new text end
12.1
new text begin units of government to further the strategic new text end
12.2
new text begin goals set forth by the Statewide Emergency new text end
12.3
new text begin Communications Board strategic plan.new text end
12.4
12.5
Sec. 12. new text begin PEACE OFFICER STANDARDS AND new text end
new text begin TRAINING (POST) BOARDnew text end
12.6
new text begin Subdivision 1.new text end new text begin Total Appropriationnew text end
new text begin $new text end
new text begin 10,634,000new text end
new text begin $new text end
new text begin 10,638,000new text end
12.7
new text begin Appropriations by Fundnew text end
12.8
new text begin 2018new text end
new text begin 2019new text end
12.9
new text begin Generalnew text end
new text begin 6,500,000new text end
new text begin 6,500,000new text end
12.10
new text begin Special Revenuenew text end
new text begin 4,134,000new text end
new text begin 4,138,000new text end
12.11
new text begin The amounts that may be spent for each new text end
12.12
new text begin purpose are specified in the following new text end
12.13
new text begin subdivisions.new text end
12.14
new text begin Subd. 2.new text end new text begin Excess Amounts Transferrednew text end
12.15
new text begin The special revenue fund appropriation is from new text end
12.16
new text begin the peace officer training account. Any new new text end
12.17
new text begin receipts credited to that account in the first new text end
12.18
new text begin year in excess of $4,134,000 must be new text end
12.19
new text begin transferred and credited to the general fund. new text end
12.20
new text begin Any new receipts credited to that account in new text end
12.21
new text begin the second year in excess of $4,138,000 must new text end
12.22
new text begin be transferred and credited to the general fund.new text end
12.23
new text begin Subd. 3.new text end new text begin Peace Officer Training Reimbursementsnew text end
12.24
new text begin $2,859,000 each year is from the peace officer new text end
12.25
new text begin training account in the special revenue fund new text end
12.26
new text begin for reimbursements to local governments for new text end
12.27
new text begin peace officer training costs.new text end
12.28
new text begin Subd. 4.new text end new text begin Peace Officer Training Assistancenew text end
12.29
new text begin $6,500,000 each year is from the general fund new text end
12.30
new text begin to support and strengthen law enforcement new text end
12.31
new text begin training and implement best practices. The new text end
12.32
new text begin base for this activity is $6,500,000 in fiscal new text end
12.33
new text begin years 2020 and 2021, and zero in fiscal year new text end
12.34
new text begin 2022 and thereafter.new text end
13.1
new text begin Subd. 5.new text end new text begin De-escalation Trainingnew text end
13.2
new text begin $100,000 each year is from the peace officer new text end
13.3
new text begin training account in the special revenue fund new text end
13.4
new text begin for training state and local community safety new text end
13.5
new text begin personnel in the use of crisis de-escalation new text end
13.6
new text begin techniques. When selecting a service provider new text end
13.7
new text begin for this training, the board may consult with new text end
13.8
new text begin any postsecondary institution, any state or new text end
13.9
new text begin local governmental official, or any new text end
13.10
new text begin nongovernmental authority the board new text end
13.11
new text begin determines to be relevant. Among any other new text end
13.12
new text begin criteria the board may establish, the training new text end
13.13
new text begin provider must have a demonstrated new text end
13.14
new text begin understanding of the transitions and challenges new text end
13.15
new text begin that veterans may experience during their new text end
13.16
new text begin re-entry into society following combat service. new text end
13.17
new text begin The board must ensure that training new text end
13.18
new text begin opportunities provided are reasonably new text end
13.19
new text begin distributed statewide.new text end
13.20
Sec. 13. new text begin PRIVATE DETECTIVE BOARDnew text end
new text begin $new text end
new text begin 190,000new text end
new text begin $new text end
new text begin 190,000new text end
13.21
Sec. 14. new text begin CORRECTIONSnew text end
13.22
13.23
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 567,929,000new text end
new text begin $new text end
new text begin new text end new text begin 558,772,000new text end
13.24
new text begin The amounts that may be spent for each new text end
13.25
new text begin purpose are specified in the following new text end
13.26
new text begin subdivisions.new text end
13.27
13.28
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 412,949,000new text end
new text begin 403,591,000new text end
13.29
new text begin (a) new text end new text begin Offender Health Carenew text end
13.30
new text begin $9,200,000 in fiscal year 2017 is to fund a new text end
13.31
new text begin deficiency in the base budget for the offender new text end
13.32
new text begin health care contract.new text end
13.33
new text begin $11,400,000 the first year is for the offender new text end
13.34
new text begin health care contract.new text end
14.1
new text begin Prior to entering into a new health care new text end
14.2
new text begin contract, the commissioner must identify and new text end
14.3
new text begin directly solicit bids from at least five health new text end
14.4
new text begin care organizations that provide, or are willing new text end
14.5
new text begin to provide, health care to prison inmates. In new text end
14.6
new text begin the department's next report required under new text end
14.7
new text begin Minnesota Statutes, section 241.016, after new text end
14.8
new text begin entering a new health care contract, the new text end
14.9
new text begin commissioner shall:new text end
14.10
new text begin (1) provide the names and a summary of each new text end
14.11
new text begin bid proposal from the health care organizations new text end
14.12
new text begin that submitted a proposal to provide health new text end
14.13
new text begin care to state inmates; andnew text end
14.14
new text begin (2) explain, in detail, why the commissioner new text end
14.15
new text begin selected the chosen provider.new text end
14.16
new text begin The base for offender health care is new text end
14.17
new text begin $11,400,000 in fiscal years 2020 and 2021.new text end
14.18
new text begin (b) new text end new text begin Federal Prison Rape Elimination Actnew text end
14.19
new text begin $500,000 each year is to comply with new text end
14.20
new text begin requirements of the federal Prison Rape new text end
14.21
new text begin Elimination Act. The commissioner must limit new text end
14.22
new text begin the number of juveniles accepted at MCF-Red new text end
14.23
new text begin Wing so that the staffing-to-offender ratio at new text end
14.24
new text begin the facility complies with the act.new text end
14.25
new text begin Subd. 3.new text end new text begin Community Servicesnew text end
new text begin 128,070,000new text end
new text begin 128,213,000new text end
14.26
new text begin (a) new text end new text begin DOC Supervision Servicesnew text end
14.27
new text begin $696,000 the first year and $697,000 the new text end
14.28
new text begin second year are for Department of Corrections new text end
14.29
new text begin probation and supervised release agents.new text end
14.30
new text begin (b) new text end new text begin Community Corrections Actnew text end
14.31
new text begin $2,100,000 each year is added to the new text end
14.32
new text begin Community Corrections Act subsidy, as new text end
15.1
new text begin described in Minnesota Statutes, section new text end
15.2
new text begin 401.14.new text end
15.3
new text begin (c) new text end new text begin County Probation Officer new text end
15.4
new text begin Reimbursementnew text end
15.5
new text begin $230,000 each year is added to the county new text end
15.6
new text begin probation officers reimbursement, as described new text end
15.7
new text begin in Minnesota Statutes, section 244.19, new text end
15.8
new text begin subdivision 6.new text end
15.9
15.10
new text begin (d) new text end new text begin Alternatives to Incarceration Pilot Program new text end
new text begin Fundnew text end
15.11
new text begin $159,000 the first year and $160,000 the new text end
15.12
new text begin second year are to fund grants to facilitate new text end
15.13
new text begin access to community treatment options under new text end
15.14
new text begin article 3, section 29.new text end
15.15
new text begin Subd. 4.new text end new text begin Operations Supportnew text end
new text begin 26,910,000new text end
new text begin 26,968,000new text end
15.16
new text begin Critical Technology Needsnew text end
new text begin new text end 15.17
new text begin $1,187,000 each year is to support critical new text end
15.18
new text begin technology needs.new text end
15.19
ARTICLE 2
15.20
COURTS
15.21 Section 1. Minnesota Statutes 2016, section 2.722, subdivision 1, is amended to read:
15.22 Subdivision 1.
Description. Effective July 1, 1959, the state is divided into ten judicial
15.23districts composed of the following named counties, respectively, in each of which
districts
15.24judges shall be chosen as hereinafter specified:
15.25 1. Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and Sibley; 36 judges; and four
15.26permanent chambers shall be maintained in Red Wing, Hastings, Shakopee, and Glencoe
15.27and one other shall be maintained at the place designated by the chief judge of the
district;
15.28 2. Ramsey; 26 judges;
15.29 3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, Waseca, Freeborn, Mower,
15.30and Fillmore; 23 judges; and permanent chambers shall be maintained in Faribault,
Albert
15.31Lea, Austin, Rochester, and Winona;
16.1 4. Hennepin; 60 judges;
16.2 5. Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, Lincoln, Cottonwood,
16.3Murray, Nobles, Pipestone, Rock, Faribault, Martin, and Jackson; 16 judges; and permanent
16.4chambers shall be maintained in Marshall, Windom, Fairmont, New Ulm, and Mankato;
16.5 6. Carlton, St. Louis, Lake, and Cook; 15 judges;
16.6 7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail, Stearns, Todd, Clay, Becker,
and
16.7Wadena; 28
new text begin 29 new text end judges; and permanent chambers shall be maintained in Moorhead, Fergus
16.8Falls, Little Falls, and St. Cloud;
16.9 8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, Swift, Yellow Medicine, Big
16.10Stone, Grant, Pope, Stevens, Traverse, and Wilkin; 11 judges; and permanent chambers
16.11shall be maintained in Morris, Montevideo, and Willmar;
16.12 9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau, Mahnomen, Pennington, Aitkin,
16.13Itasca, Crow Wing, Hubbard, Beltrami, Lake of the Woods, Clearwater, Cass and
16.14Koochiching; 23
new text begin 24 new text end judges; and permanent chambers shall be maintained in Crookston,
16.15Thief River Falls, Bemidji, Brainerd, Grand Rapids, and International Falls; and
16.16 10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, Chisago, and Washington; 45
16.17judges; and permanent chambers shall be maintained in Anoka, Stillwater, and other
places
16.18designated by the chief judge of the district.
16.19 Sec. 2. Minnesota Statutes 2016, section 13.69, subdivision 1, is amended to read:
16.20 Subdivision 1.
Classifications. (a) The following government data of the Department
16.21of Public Safety are private data:
16.22 (1) medical data on driving instructors, licensed drivers, and applicants for parking
16.23certificates and special license plates issued to physically disabled persons;
16.24 (2) other data on holders of a disability certificate under section
169.345, except that (i)
16.25data that are not medical data may be released to law enforcement agencies, and (ii)
data
16.26necessary for enforcement of sections
169.345 and
169.346 may be released to parking
16.27enforcement employees or parking enforcement agents of statutory or home rule charter
16.28cities and towns;
16.29 (3) Social Security numbers in driver's license and motor vehicle registration records,
16.30except that Social Security numbers must be provided to the Department of Revenue
for
16.31purposes of tax administration, the Department of Labor and Industry for purposes
of
16.32workers' compensation administration and enforcement,
new text begin the judicial branch for purposes of new text end
17.1
new text begin debt collection, new text end and the Department of Natural Resources for purposes of license application
17.2administration; and
17.3 (4) data on persons listed as standby or temporary custodians under section
171.07,
17.4subdivision 11
, except that the data must be released to:
17.5 (i) law enforcement agencies for the purpose of verifying that an individual is a
designated
17.6caregiver; or
17.7 (ii) law enforcement agencies who state that the license holder is unable to communicate
17.8at that time and that the information is necessary for notifying the designated caregiver
of
17.9the need to care for a child of the license holder.
17.10 The department may release the Social Security number only as provided in clause (3)
17.11and must not sell or otherwise provide individual Social Security numbers or lists
of Social
17.12Security numbers for any other purpose.
17.13 (b) The following government data of the Department of Public Safety are confidential
17.14data: data concerning an individual's driving ability when that data is received from
a member
17.15of the individual's family.
17.16 Sec. 3. Minnesota Statutes 2016, section 243.49, is amended to read:
17.17
243.49 COMMITMENT PAPERS; DUTY OF COURT ADMINISTRATOR.
17.18Upon a plea of guilty or finding of guilty after trial, the court administrator of
every
17.19court which sentences a defendant for a felony or gross misdemeanor to the custody
of the
17.20commissioner of corrections or to the superintendent of the workhouse or work farm,
shall
17.21provide the officer or person having custody of the defendant a certified record for
17.22commitment, including (1) a copy of the indictment and plea, (2) a transcript of the sentencing
17.23proceedings, with the date thereof, together with the defendant's statement under
oath, if
17.24obtained, as to the defendant's true name, residence, if any, the date and place of
birth, the
17.25names and addresses of parents and other relatives and of employers and others who
know
17.26the defendant well, social and other affiliations, past occupations and employments,
former
17.27places of residence and the period of time and the dates the defendant has resided
in each,
17.28citizenship, the number, dates, places and causes of any prior convictions, and (3)
if the
17.29person pleaded guilty, a transcript of the sentencing proceedings. The record shall also
17.30include the trial judge's impressions of the defendant's mental and physical condition,
general
17.31character, capacity, disposition, habits and special needs. The court reporter shall provide
17.32the required transcripts. The certified record for commitment may be used as evidence in
17.33any postconviction proceeding brought by the defendant. The court administrator shall
also
18.1deliver to the sheriff or other officer or person conveying the defendant to the correctional
18.2facility, workhouse, or work farm designated by the commissioner of corrections or
the
18.3judge a warrant of commitment together with a certified copy of the warrant directing
the
18.4conveyor to deliver the person and the certified record for commitment to the principal
18.5officer in charge of the correctional facility, workhouse, or work farm. Upon the
delivery
18.6of any person, the principal officer in charge of the correctional facility, workhouse,
or work
18.7farm shall keep the certified copy of the warrant of commitment and endorse the principal
18.8officer's receipt upon the original, which shall be filed with the sentencing court.
The court
18.9administrator shall retain one copy of the required transcripts, and a tape recording and the
18.10court reporter's notes of all other proceedings.
18.11 Sec. 4. Minnesota Statutes 2016, section 271.21, subdivision 2, is amended to read:
18.12 Subd. 2.
Jurisdiction. At the election of the taxpayer, the Small Claims Division shall
18.13have jurisdiction only in the following matters:
18.14(a) cases involving valuation, assessment, or taxation of real or personal property,
if:
18.15(i) the issue is a denial of a current year application for the homestead classification
for
18.16the taxpayer's property;
18.17(ii) only one parcel is included in the petition, the entire parcel is classified
as homestead
18.18class 1a or 1b under section
273.13, and the parcel contains no more than one dwelling unit;
18.19(iii) the entire property is classified as agricultural homestead class 2a or 1b under
section
18.20273.13
; or
18.21(iv) the assessor's estimated market value of the property included in the petition
is less
18.22than $300,000; or
18.23(b) any case not involving valuation, assessment, or taxation of real and personal
property
18.24in which the amount in controversy does not exceed $5,000
new text begin $15,000new text end , including penalty and
18.25interest.
18.26
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
18.27 Sec. 5. Minnesota Statutes 2016, section 299A.707, subdivision 2, is amended to read:
18.28 Subd. 2.
Account purpose, grants. Money in this account shall be allocated by a grant
18.29program administered by the commissioner of public safety through the Office of Justice
18.30Programs. Local units of government and nonprofit organizations are eligible for grants
to
18.31establish or operate chemical dependency and mental health treatment programs, programs
19.1that improve supervision, including pretrial and precharge supervision, and programs
to
19.2reduce recidivism of controlled substances offenders on probation or supervised release
or
19.3participating in drug
new text begin treatmentnew text end courts or to fund local participation in drug
new text begin treatmentnew text end court
19.4initiatives approved by the Judicial Council.
19.5 Sec. 6. Minnesota Statutes 2016, section 357.42, is amended to read:
19.6
357.42 DRUGnew text begin TREATMENTnew text end COURT FEES.
19.7 (a) When a court establishes a drug
new text begin treatmentnew text end court process, the court may establish one
19.8or more fees for services provided to defendants participating in the process.
19.9 (b) In each fiscal year, the court shall deposit the drug
new text begin treatmentnew text end court participation fees
19.10in the special revenue fund and credit the fees to a separate account for the trial
courts. The
19.11balance in this account is appropriated to the trial courts and does not cancel but
is available
19.12until expended. Expenditures from this account must be made for drug
new text begin treatmentnew text end court
19.13purposes.
19.14 Sec. 7. Minnesota Statutes 2016, section 358.116, is amended to read:
19.15
358.116 COURT DOCUMENTS.
19.16Unless specifically required by court rule, a pleading, motion, affidavit, or other
document
19.17filed with a court of the Minnesota judicial branch
new text begin , or presented to a judge or judicial officer new text end
19.18
new text begin in support of a request for a court order, warrant, or other relief,new text end is not required to be
19.19notarized. Signing a document filed with the court
new text begin or presented to a judge or judicial officer new text end
19.20constitutes "verification upon oath or affirmation" as defined in section
358.41, clause (3),
19.21without administration of an oath under section
358.07, provided that the signature, as
19.22defined by court rules, is affixed immediately below a declaration using substantially
the
19.23following language: "I declare under penalty of perjury that everything I have stated
in this
19.24document is true and correct." In addition to the signature, the date of signing and
the county
19.25and state where the document was signed shall be noted on the document. A person who
19.26signs knowing that the document is false in any material respect is guilty of perjury
under
19.27section
609.48, even if the date, county, and state of signing are omitted from the document.
19.28 Sec. 8. Minnesota Statutes 2016, section 480.242, subdivision 2, is amended to read:
19.29 Subd. 2.
Review of applications; selection of recipients. At times and in accordance
19.30with any procedures as the Supreme Court adopts in the form of court rules, applications
19.31for the expenditure of civil legal services funds shall be accepted from qualified
legal services
19.32programs or from local government agencies and nonprofit organizations seeking to
establish
20.1qualified alternative dispute resolution programs. The applications shall be reviewed
by the
20.2advisory committee, and the advisory committee, subject to review by the Supreme Court,
20.3shall distribute the funds available for this expenditure to qualified legal services
programs
20.4or to qualified alternative dispute resolution programs submitting applications. The
funds
20.5shall be distributed in accordance with the following formula:
20.6(a) Eighty-five percent of the funds distributed shall be distributed to qualified
legal
20.7services programs that have demonstrated an ability as of July 1, 1982, to provide
legal
20.8services to persons unable to afford private counsel with funds provided by the federal
Legal
20.9Services Corporation. The allocation of funds among the programs selected shall be
based
20.10upon the number of persons with incomes below the poverty level established by the
United
20.11States Census Bureau who reside in the geographical area served by each program, as
20.12determined by the Supreme Court on the basis of the most recent national census. All
funds
20.13distributed pursuant to this clause shall be used for the provision of legal services
in civil
20.14and farm legal assistance matters as prioritized by program boards of directors to
eligible
20.15clients.
20.16(b) Fifteen percent of the funds distributed may be distributed (1) to other qualified
legal
20.17services programs for the provision of legal services in civil matters to eligible
clients,
20.18including programs which organize members of the private bar to perform services and
20.19programs for qualified alternative dispute resolution, (2) to programs for training
mediators
20.20operated by nonprofit alternative dispute resolution corporations, or (3) to qualified
legal
20.21services programs to provide family farm legal assistance for financially distressed
state
20.22farmers. The family farm legal assistance must be directed at farm financial problems
20.23including, but not limited to, liquidation of farm property including bankruptcy,
farm
20.24foreclosure, repossession of farm assets, restructuring or discharge of farm debt,
farm credit
20.25and general debtor-creditor relations, and tax considerations. If all the funds to
be distributed
20.26pursuant to this clause cannot be distributed because of insufficient acceptable applications,
20.27the remaining funds shall be distributed pursuant to clause (a).
20.28A person is eligible for legal assistance under this section if the person is an eligible
20.29client as defined in section
480.24, subdivision 2, or:
20.30(1) is a state resident;
20.31(2) is or has been a farmer or a family shareholder of a family farm corporation within
20.32the preceding 24 months;
20.33(3) has a debt-to-asset ratio greater than 50 percent;
new text begin andnew text end
21.1(4) has a reportable federal adjusted gross income of $15,000 or less in the previous
21.2year; and
21.3(5) is financially unable to retain legal representation
new text begin (4) satisfies the income eligibility new text end
21.4
new text begin guidelines established under section 480.243, subdivision 1new text end .
21.5Qualifying farmers and small business operators whose bank loans are held by the Federal
21.6Deposit Insurance Corporation are eligible for legal assistance under this section.
21.7 Sec. 9. Minnesota Statutes 2016, section 484.70, subdivision 7, is amended to read:
21.8 Subd. 7.
Referee duties. The duties and powers of referees shall be as follows:
21.9(a) Hear and report all matters assigned by the chief judge.
21.10(b) Recommend findings of fact, conclusions of law, temporary and interim orders,
and
21.11final orders for judgment.
21.12All recommended orders and findings of a referee shall be subject to confirmation
by a
21.13judge.
21.14(c) Upon the conclusion of the hearing in each case, the referee shall transmit to
a judge
21.15the court file together with recommended findings and orders in writing. The recommended
21.16findings and orders of a referee become the findings and orders of the court when
confirmed
21.17by a judge. The order of the court shall be proof of such confirmation, and also of
the fact
21.18that the matter was duly referred to the referees.
21.19(d) Review of any recommended order or finding of a referee by a judge may be by
21.20notice served and filed within ten days of effective notice of the recommended order
or
21.21finding. The notice of review shall specify the grounds for review and the specific
provisions
21.22of the recommended findings or orders disputed, and the court, upon receipt of a notice
of
21.23review, shall set a time and place for a review hearing.
21.24(e) All orders and findings recommended by a referee become an effective order when
21.25countersigned by a judge and remain effective during the pendency of a review, including
21.26a remand to the referee, unless a judge:
21.27(1) expressly stays the effect of the order;
21.28(2) changes the order during the pendency of the review; or
21.29(3) changes or vacates the order upon completion of the review.
22.1
new text begin (f) Notwithstanding paragraphs (d) and (e), referee orders and decrees in probate
or civil new text end
22.2
new text begin commitment court proceedings, if appealed, must be appealed directly to the Court
of new text end
22.3
new text begin Appeals, in the same manner as judicial orders and decrees.new text end
22.4 Sec. 10. Minnesota Statutes 2016, section 484.702, is amended by adding a subdivision
22.5to read:
22.6
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
22.7
new text begin expedited child support process under this section may be reported by use of electronic
new text end
22.8
new text begin recording equipment provided that the equipment meets the minimum standards established
new text end
22.9
new text begin by the state court administrator. Electronic recording equipment must be operated
and new text end
22.10
new text begin monitored by a person who meets the minimum qualifications established by the state
court new text end
22.11
new text begin administrator.new text end
22.12 Sec. 11. Minnesota Statutes 2016, section 486.05, subdivision 1, is amended to read:
22.13 Subdivision 1.
Salaries. The salary for each court reporter shall be set annually by the
22.14district administrator
new text begin as provided in judicial branch personnel policies and collective new text end
22.15
new text begin bargaining agreements new text end within the range established under section
480.181 as provided in
22.16the judicial branch personnel rules.
22.17 Sec. 12. Minnesota Statutes 2016, section 486.06, is amended to read:
22.18
486.06 CHARGE FOR TRANSCRIPT.
22.19In addition to the salary set in section
486.05, the court reporter may charge for a
22.20transcript of a record ordered by any person other than the judge 50 cents per original folio
22.21thereof and ten cents per folio for each manifold or other copy thereof when so ordered
that
22.22it can be made with the original transcript. The chief judge of the judicial district
may by
22.23order establish new transcript fee ceilings annually
new text begin at a rate set by the chief justicenew text end .
22.24A court reporter may impose a fee authorized under this section only if the transcript
is
22.25delivered to the person who ordered it within a reasonable time after it was ordered.
22.26 Sec. 13. Minnesota Statutes 2016, section 513.41, is amended to read:
22.27
513.41 DEFINITIONS.
22.28As used in sections
513.41 to
513.51:
22.29(1) "Affiliate" means:
23.1(i) a person that directly or indirectly owns, controls, or holds with power to vote,
20
23.2percent or more of the outstanding voting securities of the debtor, other than a person
that
23.3holds the securities,
23.4(A) as a fiduciary or agent without sole discretionary power to vote the securities;
or
23.5(B) solely to secure a debt, if the person has not in fact exercised the power to
vote;
23.6(ii) a corporation 20 percent or more of whose outstanding voting securities are directly
23.7or indirectly owned, controlled, or held with power to vote, by the debtor or a person
that
23.8directly or indirectly owns, controls, or holds with power to vote, 20 percent or
more of the
23.9outstanding voting securities of the debtor, other than a person that holds the securities,
23.10(A) as a fiduciary or agent without sole discretionary power to vote the securities;
or
23.11(B) solely to secure a debt, if the person has not in fact exercised the power to
vote;
23.12(iii) a person whose business is operated by the debtor under a lease or other agreement,
23.13or a person substantially all of whose assets are controlled by the debtor; or
23.14(iv) a person that operates the debtor's business under a lease or other agreement
or
23.15controls substantially all of the debtor's assets.
23.16(2) "Asset" means property of a debtor, but the term does not include:
23.17(i) property to the extent it is encumbered by a valid lien;
23.18(ii) property to the extent it is generally exempt under nonbankruptcy law; or
23.19(iii) an interest in property held in tenancy by the entireties to the extent it is
not subject
23.20to process by a creditor holding a claim against only one tenant.
23.21(3) "Claim" means a right to payment, whether or not the right is reduced to judgment,
23.22liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed,
legal,
23.23equitable, secured, or unsecured.
23.24(4) "Creditor" means a person that has a claim.
23.25(5) "Debt" means liability on a claim.
23.26(6) "Debtor" means a person that is liable on a claim.
23.27(7) "Electronic" means relating to technology having electrical, digital, magnetic,
wireless,
23.28optical, electromagnetic, or similar capabilities.
23.29(8) "Insider" includes:
23.30(i) if the debtor is an individual,
24.1(A) a relative of the debtor or of a general partner of the debtor;
24.2(B) a partnership in which the debtor is a general partner;
24.3(C) a general partner in a partnership described in subitem (B); or
24.4(D) a corporation of which the debtor is a director, officer, or a person in control;
24.5(ii) if the debtor is a corporation,
24.6(A) a director of the debtor;
24.7(B) an officer of the debtor;
24.8(C) a person in control of the debtor;
24.9(D) a partnership in which the debtor is a general partner;
24.10(E) a general partner in a partnership described in subitem (D); or
24.11(F) a relative of a general partner, director, officer, or person in control of the
debtor;
24.12(iii) if the debtor is a partnership,
24.13(A) a general partner in the debtor;
24.14(B) a relative of a general partner in, or a general partner of, or a person in control
of
24.15the debtor;
24.16(C) another partnership in which the debtor is a general partner;
24.17(D) a general partner in a partnership described in subitem (C); or
24.18(E) a person in control of the debtor;
24.19(iv) an affiliate, or an insider of an affiliate as if the affiliate were the debtor;
and
24.20(v) a managing agent of the debtor.
24.21(9) "Lien" means a charge against or an interest in property to secure payment of
a debt
24.22or performance of an obligation, and includes a security interest created by agreement,
a
24.23judicial lien obtained by legal or equitable process or proceedings, a common-law
lien, or
24.24a statutory lien.
24.25(10) "Organization" means a person other than an individual.
24.26(11) "Person" means an individual, estate, business or nonprofit entity, public corporation,
24.27government or governmental subdivision, agency, or instrumentality, or other legal
entity.
24.28(12) "Property" means anything that may be subject of ownership.
25.1(13) "Record" means information that is inscribed on a tangible medium or that is
stored
25.2in an electronic or other medium and is retrievable in perceivable form.
25.3(14) "Relative" means an individual related by consanguinity within the third degree
as
25.4determined by the common law, a spouse, or an individual related to a spouse within
the
25.5third degree as so determined, and includes an individual in an adoptive relationship
within
25.6the third degree.
25.7(15) "Sign" means, with present intent to authenticate or adopt a record:
25.8(i) to execute or adopt a tangible symbol; or
25.9(ii) to attach to or logically associate with the record an electronic symbol, sound,
or
25.10process.
25.11(16) "Transfer" means every mode, direct or indirect, absolute or conditional, voluntary
25.12or involuntary, of disposing of or parting with an asset or an interest in an asset,
and includes
25.13payment of money, release, lease, license, and creation of a lien or other encumbrance.
25.14Transfer does not include a
new text begin donation ornew text end contribution of money or an asset made to a qualified
25.15charitable or religious organization or entity
new text begin , whether made by a debtor or by any other new text end
25.16
new text begin person and whether or not the donation or contribution requires or results in a payment
new text end
25.17
new text begin being made by a debtor to the charitable or religious organization pursuant to a promissory
new text end
25.18
new text begin note, stock, bond, debenture, or by any other method,new text end unless the
new text begin donation or new text end contribution
25.19was made within two years of commencement of an action under sections
513.41 to
513.51
25.20against the qualified charitable or religious organization or entity
new text begin , was made by the debtor,new text end
25.21and:
25.22(i) the debtor made the
new text begin donation ornew text end charitable contribution with actual intent to hinder,
25.23delay, or defraud any creditor of the debtor; or
25.24(ii) the debtor
new text begin made the donation or charitable contribution andnew text end :
25.25(A) was insolvent at the time of the contribution or would be rendered insolvent by
25.26reason of the contribution;
25.27(B) was engaged or was about to engage in a business or a transaction for which the
25.28remaining assets of the debtor were unreasonably small in relation to the business
or
25.29transaction; or
25.30(C) intended to incur, or the charitable or religious organization or entity believed
or
25.31had reason to believe that the debtor would incur, debts beyond the debtor's ability
to pay
25.32as the debts become due.
26.1A transfer of a charitable contribution to a qualified charitable or religious organization
26.2or entity is not considered a transfer covered under item (ii) if the amount of that
contribution
26.3did not exceed 15 percent of the gross annual income of the debtor for the year in
which
26.4the transfer of the contribution was made; or the contribution exceeded that amount
but the
26.5transfer was consistent with practices of the debtor in making charitable contributions.
26.6Transfer does include a return on investment made
new text begin directlynew text end by a qualified charitable or
26.7religious organization or entity.
new text begin A charitable or religious organization shall not be deemed new text end
26.8
new text begin to have made an investment by reason of accepting the donation or contribution of
a new text end
26.9
new text begin promissory note, stock, bond, debenture, or other nonmonetary asset nor by extending
or new text end
26.10
new text begin modifying the terms of repayment of the promissory note, stock, bond, debenture, or
other new text end
26.11
new text begin similar nonmonetary asset.new text end "Qualified charitable or religious organization or entity" means
26.12an organization or entity described in United States Code, title 26, section 170(c)(1),
(2),
26.13or (3).
26.14(17) "Valid lien" means a lien that is effective against the holder of a judicial
lien
26.15subsequently obtained by legal or equitable process or proceedings.
26.16
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment, and new text end
26.17
new text begin applies to all pending cases and to causes of action arising before, on, or after
that date.new text end
26.18 Sec. 14. Minnesota Statutes 2016, section 518.179, subdivision 2, is amended to read:
26.19 Subd. 2.
Applicable crimes. This section applies to the following crimes or similar
26.20crimes under the laws of the United States, or any other state:
26.21(1) murder in the first, second, or third degree under section
609.185,
609.19, or
609.195;
26.22(2) manslaughter in the first degree under section
609.20;
26.23(3) assault in the first, second, or third degree under section
609.221,
609.222, or
609.223;
26.24(4) kidnapping under section
609.25;
26.25(5) depriving another of custodial or parental rights under section
609.26;
26.26(6) soliciting, inducing, promoting, or receiving profit derived from prostitution
involving
26.27a minor under section
609.322;
26.28(7) criminal sexual conduct in the first degree under section
609.342;
26.29(8) criminal sexual conduct in the second degree under section
609.343;
26.30(9) criminal sexual conduct in the third degree under section
609.344, subdivision 1,
26.31paragraph (c), (f), or (g);
27.1(10) solicitation of a child to engage in sexual conduct under section
609.352;
27.2(11) incest under section
609.365;
27.3(12) malicious punishment of a child under section
609.377;
27.4(13) neglect of a child under section
609.378;
27.5(14) terroristic threats under section
609.713; or
27.6(15) felony stalking under section
609.749, subdivision 4new text begin ; ornew text end
27.7
new text begin (16) domestic assault by strangulation under section 609.2247new text end .
27.8 Sec. 15. Minnesota Statutes 2016, section 549.09, subdivision 1, is amended to read:
27.9 Subdivision 1.
When owed; rate. (a) When a judgment or award is for the recovery of
27.10money, including a judgment for the recovery of taxes, interest from the time of the
verdict,
27.11award, or report until judgment is finally entered shall be computed by the court
administrator
27.12or arbitrator as provided in paragraph (c) and added to the judgment or award.
27.13(b) Except as otherwise provided by contract or allowed by law, preverdict, preaward,
27.14or prereport interest on pecuniary damages shall be computed as provided in paragraph
(c)
27.15from the time of the commencement of the action or a demand for arbitration, or the
time
27.16of a written notice of claim, whichever occurs first, except as provided herein. The
action
27.17must be commenced within two years of a written notice of claim for interest to begin
to
27.18accrue from the time of the notice of claim. If either party serves a written offer
of settlement,
27.19the other party may serve a written acceptance or a written counteroffer within 30
days.
27.20After that time, interest on the judgment or award shall be calculated by the judge
or arbitrator
27.21in the following manner. The prevailing party shall receive interest on any judgment
or
27.22award from the time of commencement of the action or a demand for arbitration, or
the time
27.23of a written notice of claim, or as to special damages from the time when special
damages
27.24were incurred, if later, until the time of verdict, award, or report only if the amount
of its
27.25offer is closer to the judgment or award than the amount of the opposing party's offer.
If
27.26the amount of the losing party's offer was closer to the judgment or award than the
prevailing
27.27party's offer, the prevailing party shall receive interest only on the amount of the
settlement
27.28offer or the judgment or award, whichever is less, and only from the time of commencement
27.29of the action or a demand for arbitration, or the time of a written notice of claim,
or as to
27.30special damages from when the special damages were incurred, if later, until the time
the
27.31settlement offer was made. Subsequent offers and counteroffers supersede the legal
effect
27.32of earlier offers and counteroffers. For the purposes of clause (2), the amount of
settlement
27.33offer must be allocated between past and future damages in the same proportion as
determined
28.1by the trier of fact. Except as otherwise provided by contract or allowed by law,
preverdict,
28.2preaward, or prereport interest shall not be awarded on the following:
28.3(1) judgments, awards, or benefits in workers' compensation cases, but not including
28.4third-party actions;
28.5(2) judgments or awards for future damages;
28.6(3) punitive damages, fines, or other damages that are noncompensatory in nature;
28.7(4) judgments or awards not in excess of the amount specified in section
491A.01; and
28.8(5) that portion of any verdict, award, or report which is founded upon interest,
or costs,
28.9disbursements, attorney fees, or other similar items added by the court or arbitrator.
28.10(c)(1)(i) For a judgment or award of $50,000 or less or a judgment or award for or against
28.11the state or a political subdivision of the state, regardless of the amount, or a judgment or
28.12award in a family court action, regardless of the amount, The interest shall be computed as
28.13simple interest per annum. The rate of interest shall be based on the secondary market
yield
28.14of one year United States Treasury bills, calculated on a bank discount basis as provided
in
28.15this section.
28.16On or before the 20th day of December of each year the state court administrator shall
28.17determine the rate from the one-year constant maturity treasury yield for the most
recent
28.18calendar month, reported on a monthly basis in the latest statistical release of the
board of
28.19governors of the Federal Reserve System. This yield, rounded to the nearest one percent,
28.20or four percent, whichever is greater, shall be the annual interest rate during the
succeeding
28.21calendar year. The state court administrator shall communicate the interest rates
to the court
28.22administrators and sheriffs for use in computing the interest on verdicts and shall
make the
28.23interest rates available to arbitrators.
28.24This item applies to any section that references section
by citation for the purposes
28.25of computing an interest rate on any amount owed to or by the state or a political
subdivision
28.26of the state, regardless of the amount.
28.27(ii) The court, in a family court action, may order a lower interest rate or no interest
rate
28.28if the parties agree or if the court makes findings explaining why application of
a lower
28.29interest rate or no interest rate is necessary to avoid causing an unfair hardship
to the debtor.
28.30This item does not apply to child support or spousal maintenance judgments subject
to
28.31section
548.091.
29.1(2) For a judgment or award over $50,000, other than a judgment or award for or against
29.2the state or a political subdivision of the state or a judgment or award in a family
court
29.3action, the interest rate shall be ten percent per year until paid.
29.4(3) When a judgment creditor, or the judgment creditor's attorney or agent, has received
29.5a payment after entry of judgment, whether the payment is made voluntarily by or on
behalf
29.6of the judgment debtor, or is collected by legal process other than execution levy
where a
29.7proper return has been filed with the court administrator, the judgment creditor,
or the
29.8judgment creditor's attorney, before applying to the court administrator for an execution
29.9shall file with the court administrator an affidavit of partial satisfaction. The
affidavit must
29.10state the dates and amounts of payments made upon the judgment after the most recent
29.11affidavit of partial satisfaction filed, if any; the part of each payment that is
applied to taxable
29.12disbursements and to accrued interest and to the unpaid principal balance of the judgment;
29.13and the accrued, but the unpaid interest owing, if any, after application of each
payment.
29.14(d) This section does not apply to arbitrations between employers and employees under
29.15chapter 179 or 179A. An arbitrator is neither required to nor prohibited from awarding
29.16interest under chapter 179 or under section
179A.16 for essential employees.
29.17(e) For purposes of this subdivision:
29.18(1) "state" includes a department, board, agency, commission, court, or other entity
in
29.19the executive, legislative, or judicial branch of the state; and
29.20(2) "political subdivision" includes a town, statutory or home rule charter city,
county,
29.21school district, or any other political subdivision of the state.
29.22
new text begin (e) This section does not apply to a judgment or award upon which interest is entitled
new text end
29.23
new text begin to be recovered under section 60A.0811.new text end
29.24
new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2017, and applies to judgments new text end
29.25
new text begin and awards entered on or after that date.new text end
29.26 Sec. 16. Minnesota Statutes 2016, section 609.48, is amended by adding a subdivision to
29.27read:
29.28
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
29.29
new text begin where the statement, under penalty of perjury, was signed, or the county of the district
court new text end
29.30
new text begin in which the statement was filed.new text end
30.1 Sec. 17. Minnesota Statutes 2016, section 609.748, subdivision 4, is amended to read:
30.2 Subd. 4.
Temporary restraining order; relief by court. (a) The court may issue a
30.3temporary restraining order that provides any or all of the following:
30.4(1) orders the respondent to cease or avoid the harassment of another person; or
30.5(2) orders the respondent to have no contact with another person.
30.6(b) The court may issue an order under paragraph (a) if the petitioner files a petition
in
30.7compliance with subdivision 3 and if the court finds reasonable grounds to believe
that the
30.8respondent has engaged in harassment. When a petition alleges harassment as defined
by
30.9subdivision 1, paragraph (a), clause (1), the petition must further allege an immediate
and
30.10present danger of harassment before the court may issue a temporary restraining order
under
30.11this section. When signed by a referee, the temporary order becomes effective upon
the
30.12referee's signature.
30.13(c) Notice need not be given to the respondent before the court issues a temporary
30.14restraining order under this subdivision. A copy of the restraining order must be
served on
30.15the respondent along with the order for hearing and petition, as provided in subdivision
3.
30.16If the respondent is a juvenile, whenever possible, a copy of the restraining order,
along
30.17with notice of the pendency of the case and the time and place of the hearing, shall
also be
30.18served by mail at the last known address upon any parent or guardian of the juvenile
30.19respondent who is not the petitioner. A temporary restraining order may be entered
only
30.20against the respondent named in the petition.
30.21(d) The temporary restraining order is in effect until a hearing is held on the issuance
of
30.22a restraining order under subdivision 5. The court shall hold the hearing on the issuance
of
30.23a restraining order if the petitioner requests a hearing. The hearing may be continued
by the
30.24court upon a showing that the respondent has not been served with a copy of the temporary
30.25restraining order despite the exercise of due diligence or if service is made by published
30.26notice under subdivision 3 and the petitioner files the affidavit required under that
30.27subdivision.
30.28(e) If the temporary restraining order has been issued and the respondent requests
a
30.29hearing, the hearing shall be scheduled by the court upon receipt of the respondent's
request.
30.30Service of the notice of hearing must be made upon the petitioner not less than five
days
30.31prior to the hearing. The court shall serve the notice of the hearing upon the petitioner
by
30.32mail in the manner provided in the Rules of Civil Procedure for pleadings subsequent
to a
30.33complaint and motions and shall also mail notice of the date and time of the hearing
to the
30.34respondent. In the event that service cannot be completed in time to give the respondent
or
31.1petitioner the minimum notice required under this subdivision, the court may set a
new
31.2hearing date.
31.3(f) A request for a hearing under this subdivision must be made within 45
new text begin 20new text end days after
31.4the temporary restraining order is issued
new text begin of the date of completed service of the petitionnew text end .
31.5 Sec. 18. Minnesota Statutes 2016, section 631.52, subdivision 2, is amended to read:
31.6 Subd. 2.
Application. Subdivision 1 applies to the following crimes or similar crimes
31.7under the laws of the United States or any other state:
31.8(1) murder in the first, second, or third degree under section
609.185,
609.19, or
609.195;
31.9(2) manslaughter in the first degree under section
609.20;
31.10(3) assault in the first, second, or third degree under section
609.221,
609.222, or
609.223;
31.11(4) kidnapping under section
609.25;
31.12(5) depriving another of custodial or parental rights under section
609.26;
31.13(6) soliciting, inducing, promoting, or receiving profit derived from prostitution
involving
31.14a minor under section
609.322;
31.15(7) criminal sexual conduct in the first degree under section
609.342;
31.16(8) criminal sexual conduct in the second degree under section
609.343;
31.17(9) criminal sexual conduct in the third degree under section
609.344, subdivision 1,
31.18paragraph (c), (f), or (g);
31.19(10) solicitation of a child to engage in sexual conduct under section
609.352;
31.20(11) incest under section
609.365;
31.21(12) malicious punishment of a child under section
609.377;
31.22(13) neglect of a child under section
609.378;
31.23(14) terroristic threats under section
609.713; or
31.24(15) felony stalking under section
609.749new text begin ; ornew text end
31.25
new text begin (16) domestic assault by strangulation under section 609.2247new text end .
31.26 Sec. 19. Minnesota Statutes 2016, section 634.36, is amended to read:
31.27
634.36 EVIDENCE OF VIDEOTAPES, AUDIOTAPES, OR OTHER
31.28
RECORDINGS.
32.1In any hearing or trial of a criminal offense or petty misdemeanor or proceeding pursuant
32.2to section
169A.53, subdivision 3, evidence of a videotape, audiotape, or electronic or digital
32.3recording prepared by a peace officer, using recording equipment in a law enforcement
32.4vehicle
new text begin or on the officer's personnew text end , while in the performance of official duties shall not be
32.5excluded on the ground that a written transcript of the recording was not prepared
and
32.6available at or prior to trial. As used in this section, "peace officer" has the meaning
given
32.7in section
169A.03, subdivision 18.
32.8
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
32.9
new text begin hearings beginning on or after that date.new text end
32.10 Sec. 20.
new text begin REPEALER.new text end
32.11
new text begin Minnesota Statutes 2016, sections 169.685, subdivision 4; 486.05, subdivision 1a;
and new text end
32.12
new text begin 525.112,new text end new text begin are repealed.new text end
32.13
ARTICLE 3
32.14
CORRECTIONS AND PUBLIC SAFETY
32.15 Section 1. Minnesota Statutes 2016, section 3.739, subdivision 1, is amended to read:
32.16 Subdivision 1.
Permissible claims. Claims and demands arising out of the circumstances
32.17described in this subdivision shall be presented to, heard, and determined as provided
in
32.18subdivision 2:
32.19(1) an injury to or death of an inmate of a state, regional, or local correctional
facility
32.20or county jail who has been conditionally released and ordered to perform
new text begin while performingnew text end
32.21compensated or uncompensated work
new text begin in the communitynew text end for a state agency, a political
32.22subdivision or public corporation of this state, a nonprofit educational, medical,
or social
32.23service agency, or a private business or individual, as a condition of the release, while
32.24performing the work;
32.25(2) an injury to or death of a person sentenced by a court, granted a suspended sentence
32.26by a court, or subject to a court disposition order, and who, under court order, is performing
32.27work (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
32.28costs
new text begin , or other statutorily authorized correctional feesnew text end , (c)
new text begin (iii)new text end in lieu of incarceration, or
32.29(d)
new text begin (iv)new text end as a term or condition of a sentence, suspended sentence, or disposition order, while
32.30performing the work;
33.1(3) an injury to or death of a person, who has been diverted from the court system
and
33.2who is performing work as described in paragraph
new text begin clausenew text end (1) or (2) under a written agreement
33.3signed by the person, and if a juvenile, by a parent or guardian; and
33.4(4) an injury to or death of any person caused by an individual who was performing
33.5work as described in paragraph
new text begin clausenew text end (1), (2), or (3).
33.6 Sec. 2. Minnesota Statutes 2016, section 152.105, is amended to read:
33.7
152.105 DISPOSAL.
33.8
new text begin Subdivision 1.new text end new text begin Disposal of controlled substances.new text end Controlled substances listed in section
33.9152.02, subdivisions 3
to 6, may be collected and disposed of only pursuant to the provisions
33.10of Code of Federal Regulations, title 21, parts 1300, 1301, 1304, 1305, 1307, and
1317, that
33.11are applicable to the disposal of controlled substances. Disposal of controlled substances
33.12and legend and nonlegend drugs must also comply with the requirements of section
116.07
33.13governing the disposal of hazardous waste, and the rules promulgated thereunder.
33.14
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
33.15
new text begin maintain or contract for the maintenance of at least one collection receptacle for
the disposal new text end
33.16
new text begin of noncontrolled substances, pharmaceutical controlled substances, and other legend
drugs, new text end
33.17
new text begin as permitted by federal law. For purposes of this section, "legend drug" has the meaning
new text end
33.18
new text begin given in section 151.01, subdivision 17. The collection receptacle must comply with
federal new text end
33.19
new text begin law. In maintaining and operating the collection receptacle, the sheriff shall follow
all new text end
33.20
new text begin applicable provisions of Code of Federal Regulations, title 21, parts 1300, 1301,
1304, 1305, new text end
33.21
new text begin 1307, and 1317, as amended through May 1, 2017.new text end
33.22 Sec. 3. Minnesota Statutes 2016, section 171.015, is amended by adding a subdivision to
33.23read:
33.24
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
33.25
new text begin commissioner is prohibited from adopting any final rule that amends, conflicts with,
or has new text end
33.26
new text begin the effect of modifying requirements in Minnesota Rules, parts 7410.0100 to 7410.0800.new text end
33.27
new text begin (b) This subdivision does not constitute authorization for the commissioner to adopt
new text end
33.28
new text begin rules absent authority otherwise provided by other law.new text end
33.29
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
34.1 Sec. 4. Minnesota Statutes 2016, section 241.01, subdivision 3a, is amended to read:
34.2 Subd. 3a.
Commissioner, powers and duties. The commissioner of corrections has the
34.3following powers and duties:
34.4(a) To accept persons committed to the commissioner by the courts of this state for
care,
34.5custody, and rehabilitation.
34.6(b) To determine the place of confinement of committed persons in a correctional facility
34.7or other facility of the Department of Corrections and to prescribe reasonable conditions
34.8and rules for their employment, conduct, instruction, and discipline within or outside
the
34.9facility. Inmates shall not exercise custodial functions or have authority over other
inmates.
34.10(c) To administer the money and property of the department.
34.11(d) To administer, maintain, and inspect all state correctional facilities.
34.12(e) To transfer authorized positions and personnel between state correctional facilities
34.13as necessary to properly staff facilities and programs.
34.14(f) To utilize state correctional facilities in the manner deemed to be most efficient
and
34.15beneficial to accomplish the purposes of this section, but not to close the Minnesota
34.16Correctional Facility-Stillwater or the Minnesota Correctional Facility-St. Cloud
without
34.17legislative approval. The commissioner may place juveniles and adults at the same
state
34.18minimum security correctional facilities, if there is total separation of and no regular
contact
34.19between juveniles and adults, except contact incidental to admission, classification,
and
34.20mental and physical health care.
34.21(g) To organize the department and employ personnel the commissioner deems necessary
34.22to discharge the functions of the department, including a chief executive officer
for each
34.23facility under the commissioner's control who shall serve in the unclassified civil
service
34.24and may, under the provisions of section
43A.33, be removed only for cause.
34.25(h) To define the duties of these employees and to delegate to them any of the
34.26commissioner's powers, duties and responsibilities, subject to the commissioner's
control
34.27and the conditions the commissioner prescribes.
34.28(i) To annually develop a comprehensive set of goals and objectives designed to clearly
34.29establish the priorities of the Department of Corrections. This report shall be submitted
to
34.30the governor commencing January 1, 1976. The commissioner may establish ad hoc advisory
34.31committees.
35.1
new text begin (j) The commissioner may not expand the bed capacity of an existing adult male new text end
35.2
new text begin correctional facility or build a new adult male correctional facility, or propose
or seek new text end
35.3
new text begin funding for either, unless the commissioner submits to the legislature an outside,
independent new text end
35.4
new text begin appraisal estimating the market value of the existing prison facility located in Appleton,
new text end
35.5
new text begin Minnesota. The appraisal must have been completed within 90 days of submission to
the new text end
35.6
new text begin legislature. This requirement does not apply if the Appleton facility is in use in
a manner new text end
35.7
new text begin that makes it unavailable to meet the department's prison capacity needs.new text end
35.8 Sec. 5. Minnesota Statutes 2016, section 243.05, subdivision 1, is amended to read:
35.9 Subdivision 1.
Conditional release. (a) The commissioner of corrections may parole
35.10any person sentenced to confinement in any state correctional facility for adults
under the
35.11control of the commissioner of corrections, provided that:
35.12(1) no inmate serving a life sentence for committing murder before May 1, 1980, other
35.13than murder committed in violation of clause (1) of section
609.185 who has not been
35.14previously convicted of a felony shall be paroled without having served 20 years,
less the
35.15diminution that would have been allowed for good conduct had the sentence been for
20
35.16years;
35.17(2) no inmate serving a life sentence for committing murder before May 1, 1980, who
35.18has been previously convicted of a felony or though not previously convicted of a
felony
35.19is serving a life sentence for murder in the first degree committed in violation of
clause (1)
35.20of section
609.185 shall be paroled without having served 25 years, less the diminution
35.21which would have been allowed for good conduct had the sentence been for 25 years;
35.22(3) any inmate sentenced prior to September 1, 1963, who would be eligible for parole
35.23had the inmate been sentenced after September 1, 1963, shall be eligible for parole;
and
35.24(4) any new rule or policy or change of rule or policy adopted by the commissioner
of
35.25corrections which has the effect of postponing eligibility for parole has prospective
effect
35.26only and applies only with respect to persons committing offenses after the effective
date
35.27of the new rule or policy or change.
35.28(b) Upon being paroled and released, an inmate is and remains in the legal custody
and
35.29under the control of the commissioner, subject at any time to be returned to a facility
of the
35.30Department of Corrections established by law for the confinement or treatment of convicted
35.31persons and the parole rescinded by the commissioner.
35.32(c) The written order of the commissioner of corrections, is sufficient authority
for any
35.33peace officer, state correctional investigator, or state parole and probation agent
to retake
36.1and place in actual custody any person on parole or supervised release. In addition,
when
36.2it appears necessary in order to prevent escape or enforce discipline, any state parole
and
36.3probation agent or state correctional investigator may, without order of warrant,
take and
36.4detain a parolee or person on supervised release or work release and bring the person
to the
36.5commissioner for action.
36.6(d) The written order of the commissioner of corrections is sufficient authority for
any
36.7peace officer, state correctional investigator, or state parole and probation agent
to retake
36.8and place in actual custody any person on probation under the supervision of the
36.9commissioner pursuant to section
609.135. Additionally, when it appears necessary in order
36.10to prevent escape or enforce discipline, any state parole and probation agent or state
36.11correctional investigator may, without an order, retake and detain a probationer and
bring
36.12the probationer before the court for further proceedings under section
609.14.
36.13(e) The written order of the commissioner of corrections is sufficient authority for
any
36.14peace officer, state correctional investigator, or state parole and probation agent
to detain
36.15any person on pretrial release who absconds from pretrial release or fails to abide
by the
36.16conditions of pretrial release.
36.17(f) Persons conditionally released, and those on probation under the supervision of
the
36.18commissioner of corrections pursuant to section
609.135 may be placed within or outside
36.19the boundaries of the state at the discretion of the commissioner of corrections or
the court,
36.20and the limits fixed for these persons may be enlarged or reduced according to their
conduct.
36.21(g) Except as otherwise provided in subdivision 1b, in considering applications for
36.22conditional release or discharge, the commissioner is not required to hear oral argument
36.23from any attorney or other person not connected with an adult correctional facility
of the
36.24Department of Corrections in favor of or against the parole or release of any inmates.
The
36.25commissioner may institute inquiries by correspondence, taking testimony, or otherwise,
36.26as to the previous history, physical or mental condition, and character of the inmate
and, to
36.27that end, has the authority to require the attendance of the chief executive officer
of any
36.28state adult correctional facility and the production of the records of these facilities,
and to
36.29compel the attendance of witnesses. The commissioner is authorized to administer oaths
to
36.30witnesses for these purposes.
36.31(h) Unless the district court directs otherwise, state parole and probation agents
may
36.32require a person who is under the supervision of the commissioner of corrections to
perform
36.33community work service for violating a condition of probation imposed by the court.
36.34Community work service may be imposed for the purpose of protecting the public, to
aid
37.1the offender's rehabilitation, or both. Agents may impose up to eight hours of community
37.2work service for each violation and up to a total of 24 hours per offender per 12-month
37.3period, beginning with the date on which community work service is first imposed.
The
37.4commissioner may authorize an additional 40 hours of community work services, for
a total
37.5of 64 hours per offender per 12-month period, beginning with the date on which community
37.6work service is first imposed. At the time community work service is imposed, parole
and
37.7probation agents are required to provide written notice to the offender that states:
37.8(1) the condition of probation that has been violated;
37.9(2) the number of hours of community work service imposed for the violation; and
37.10(3) the total number of hours of community work service imposed to date in the 12-month
37.11period.
37.12An offender may challenge the imposition of community work service by filing a petition
37.13in district court. An offender must file the petition within five days of receiving
written
37.14notice that community work service is being imposed. If the offender challenges the
37.15imposition of community work service, the state bears the burden of showing, by a
37.16preponderance of the evidence, that the imposition of community work service is reasonable
37.17under the circumstances.
37.18Community work service includes sentencing to service.
37.19
new text begin (i) Prior to revoking a nonviolent controlled substance offender's parole or probation
new text end
37.20
new text begin based on a technical violation, when the offender does not present a risk to the public
and new text end
37.21
new text begin the offender is amenable to continued supervision in the community, a parole or probation
new text end
37.22
new text begin agent must identify community options to address and correct the violation including,
but new text end
37.23
new text begin not limited to, inpatient chemical dependency treatment. If a probation or parole
agent new text end
37.24
new text begin determines that community options are appropriate, the agent shall seek to restructure
the new text end
37.25
new text begin offender's terms of release to incorporate those options. If an offender on probation
stipulates new text end
37.26
new text begin in writing to restructure the terms of release, a probation agent must forward a report
to the new text end
37.27
new text begin district court containing:new text end
37.28
new text begin (1) the specific nature of the technical violation of probation;new text end
37.29
new text begin (2) the recommended restructure to the terms of probation; andnew text end
37.30
new text begin (3) a copy of the offender's signed stipulation indicating that the offender consents
to new text end
37.31
new text begin the restructuring of probation.new text end
37.32
new text begin The recommended restructuring of probation becomes effective when confirmed by a new text end
37.33
new text begin judge. The order of the court shall be proof of such confirmation and amend the terms
of new text end
38.1
new text begin the sentence imposed by the court under section 609.135. If a nonviolent controlled
substance new text end
38.2
new text begin offender's parole or probation is revoked, the offender's agent must first attempt
to place new text end
38.3
new text begin the offender in a local jail. For purposes of this paragraph, "nonviolent controlled
substance new text end
38.4
new text begin offender" is a person who meets the criteria described under section 244.0513, subdivision
new text end
38.5
new text begin 2, clauses (1), (2), and (5), and "technical violation" means any violation of a court
order new text end
38.6
new text begin of probation or a condition of parole, except an allegation of a subsequent criminal
act that new text end
38.7
new text begin is alleged in a formal complaint, citation, or petition.new text end
38.8 Sec. 6. Minnesota Statutes 2016, section 243.17, subdivision 1, is amended to read:
38.9 Subdivision 1.
Allowed expenses. The necessary expenses of sheriffs and other peace
38.10officers
new text begin commissioner of management and budget shall pay out of the state treasury to the
new text end
38.11
new text begin commissioner of corrections each fiscal year the amount necessary to offset expensesnew text end
38.12incurred in conveying
new text begin to conveynew text end convicted persons and children adjudicated delinquent and
38.13committed to the custody of the commissioner of corrections to the appropriate adult
or
38.14juvenile correctional facility as designated by the commissioner of corrections, including
38.15per diem and expenses of correctional officers, shall be allowed by the commissioner
of
38.16management and budget and paid out of the state treasury. The commissioner of management
38.17and budget may allow and pay for the necessary expenses incurred by the sheriff, deputy,
38.18or other peace officer in going to and returning from the correctional facility and
$10 per
38.19day for each correctional officer. Not more than one correctional officer shall be
allowed
38.20for one prisoner, but one additional correctional officer shall be allowed for every
two
38.21additional prisoners. All bills shall be in writing, fully itemized, verified, and
accompanied
38.22by the receipt of the chief executive officer of the facility for the delivery of
the convicted
38.23or adjudicated persons, in a form prescribed by the commissioner of management and
38.24budget.
new text begin The total amount of payments shall not exceed $500,000 each fiscal year. Payments
new text end
38.25
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
38.26
new text begin Department of Corrections and the Minnesota Sheriffs' Association.new text end
38.27 Sec. 7. Minnesota Statutes 2016, section 244.05, subdivision 3, is amended to read:
38.28 Subd. 3.
Sanctions for violation. If an inmate violates the conditions of the inmate's
38.29supervised release imposed by the commissioner, the commissioner may:
38.30(1) continue the inmate's supervised release term, with or without modifying or enlarging
38.31the conditions imposed on the inmate; or
38.32(2) revoke the inmate's supervised release and reimprison the inmate for the appropriate
38.33period of time.
39.1
new text begin Prior to revoking a nonviolent controlled substance offender's supervised release
based new text end
39.2
new text begin on a technical violation, when the offender does not present a risk to the public
and the new text end
39.3
new text begin offender is amenable to continued supervision in the community, the commissioner must
new text end
39.4
new text begin identify community options to address and correct the violation including, but not
limited new text end
39.5
new text begin to, inpatient chemical dependency treatment. If the commissioner determines that community
new text end
39.6
new text begin options are appropriate, the commissioner shall restructure the inmate's terms of
release to new text end
39.7
new text begin incorporate those options. If a nonviolent controlled substance offender's supervised
release new text end
39.8
new text begin is revoked, the offender's agent must first attempt to place the offender in a local
jail. For new text end
39.9
new text begin purposes of this subdivision, "nonviolent controlled substance offender" is a person
who new text end
39.10
new text begin meets the criteria described under section 244.0513, subdivision 2, clauses (1), (2),
and (5), new text end
39.11
new text begin and "technical violation" means a violation of a condition of supervised release,
except an new text end
39.12
new text begin allegation of a subsequent criminal act that is alleged in a formal complaint, citation,
or new text end
39.13
new text begin petition.new text end
39.14The period of time for which a supervised release may be revoked may not exceed the
39.15period of time remaining in the inmate's sentence, except that if a sex offender is
sentenced
39.16and conditionally released under Minnesota Statutes 2004, section
609.108, subdivision 5,
39.17the period of time for which conditional release may be revoked may not exceed the
balance
39.18of the conditional release term.
39.19 Sec. 8. Minnesota Statutes 2016, section 244.198, is amended by adding a subdivision to
39.20read:
39.21
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
39.22
new text begin nonviolent controlled substance offender, when the offender does not present a risk
to the new text end
39.23
new text begin public and the offender is amenable to continued supervision in the community, a probation
new text end
39.24
new text begin agency must identify community options to address and correct the violation including,
but new text end
39.25
new text begin not limited to, inpatient chemical dependency treatment. If the agency determines
that new text end
39.26
new text begin community options are appropriate, the county probation officer shall recommend a
sanction new text end
39.27
new text begin that incorporates those options. For purposes of this subdivision, "nonviolent controlled
new text end
39.28
new text begin substance offender" is a person who meets the criteria described under section 244.0513,
new text end
39.29
new text begin subdivision 2, clauses (1), (2), and (5).new text end
39.30 Sec. 9. Minnesota Statutes 2016, section 299A.55, subdivision 2, is amended to read:
39.31 Subd. 2.
Railroad and pipeline safety account. (a) A railroad and pipeline safety
39.32account is created in the special revenue fund. The account consists of funds collected
under
39.33subdivision 4 and funds donated, allotted, transferred, or otherwise provided to the
account.
40.1 (b) $104,000 is annually appropriated from the railroad and pipeline safety account
to
40.2the commissioner of the Pollution Control Agency for environmental protection activities
40.3related to railroad discharge preparedness under chapter 115E.
40.4(c)
new text begin $600,000 in fiscal year 2018 and $600,000 in fiscal year 2019 are appropriated from
new text end
40.5
new text begin the railroad and pipeline safety account to the commissioner of transportation for
improving new text end
40.6
new text begin safety at railroad grade crossings.new text end
40.7
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
40.8money in the account is annually appropriated to the commissioner of public safety
for the
40.9purposes specified in subdivision 3.
40.10 Sec. 10. Minnesota Statutes 2016, section 299C.46, subdivision 6, is amended to read:
40.11 Subd. 6.
Orders for protection and no contact orders. (a) As used in this subdivision,
40.12"no contact orders" include orders issued as pretrial orders under section
629.72, subdivision
40.132
, orders under section
629.75, and orders issued as probationary or sentencing orders at
40.14the time of disposition in a criminal domestic abuse case.
40.15(b) The data communications network must include orders for protection issued under
40.16section
518B.01 and
new text begin , harassment restraining orders, andnew text end no contact orders issued against
40.17adults and juveniles. A no contact order must be accompanied by a photograph of the
40.18offender for the purpose of enforcement of the order, if a photograph is available
and verified
40.19by the court to be an image of the defendant.
40.20(c) Data from orders for protection
new text begin , harassment restraining orders,new text end or no contact orders
40.21and data entered by law enforcement to assist in the enforcement of those orders are
classified
40.22as private data on individuals as defined in section
13.02, subdivision 12. Data about the
40.23offender can be shared with the victim for purposes of enforcement of the order.
40.24 Sec. 11. Minnesota Statutes 2016, section 609.14, is amended by adding a subdivision to
40.25read:
40.26
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
40.27
new text begin with local options to address and correct the violation including, but not limited
to, inpatient new text end
40.28
new text begin chemical dependency treatment when the defendant at a summary hearing provided by
new text end
40.29
new text begin subdivision 2 is:new text end
new text begin new text end 40.30
new text begin (1) a nonviolent controlled substance offender;new text end
40.31
new text begin (2) subject to supervised probation;new text end
41.1
new text begin (3) appearing based on a technical violation; andnew text end
41.2
new text begin (4) admitting or found to have violated any of the conditions of probation.new text end
41.3
new text begin (b) For purposes of this subdivision, "nonviolent controlled substance offender" is
a new text end
41.4
new text begin person who meets the criteria described under section 244.0513, subdivision 2, clauses
(1), new text end
41.5
new text begin (2), and (5), and "technical violation" has the meaning given in section 244.196,
subdivision new text end
41.6
new text begin 6.new text end
41.7 Sec. 12. Minnesota Statutes 2016, section 609.475, is amended to read:
41.8
609.475 IMPERSONATING OFFICERnew text begin A MILITARY SERVICE MEMBER, new text end
41.9
new text begin VETERAN, OR PUBLIC OFFICIALnew text end .
41.10Whoever falsely impersonates a police or military officer
new text begin an active or reserve component new text end
41.11
new text begin military service member, veteran,new text end or public official with intent to mislead another into
41.12believing that the impersonator is actually such officer or official
new text begin wrongfully obtain money, new text end
41.13
new text begin property, or any other tangible benefitnew text end is guilty of a misdemeanor.
41.14
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
41.15
new text begin committed on or after that date.new text end
41.16 Sec. 13.
new text begin [609.4751] IMPERSONATING A PEACE OFFICER.new text end
41.17
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
41.18
new text begin to mislead another into believing that the impersonator is actually an officer is
guilty of a new text end
41.19
new text begin misdemeanor.new text end
41.20
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
41.21
new text begin of the following acts is guilty of a gross misdemeanor:new text end
41.22
new text begin (1) gaining access to a public building or government facility that is not open to
the new text end
41.23
new text begin public;new text end
41.24
new text begin (2) without legal authority, directing or ordering another person to act or refrain
from new text end
41.25
new text begin acting;new text end
41.26
new text begin (3) violating section 169.64, subdivision 2, 3, or 4, or the siren provisions of section
new text end
41.27
new text begin 169.68; ornew text end
41.28
new text begin (4) operating a motor vehicle marked:new text end
41.29
new text begin (i) with the word or words "police," "patrolman," "sheriff," "deputy," "trooper,"
"state new text end
41.30
new text begin patrol," "conservation officer," "agent," or "marshal"; ornew text end
42.1
new text begin (ii) with any lettering, marking, or insignia, or colorable imitation thereof, including,
new text end
42.2
new text begin but not limited to, stars, badges, or shields identifying the vehicle as a law enforcement
new text end
42.3
new text begin vehicle, and which a reasonable person would believe is a law enforcement vehicle
governed new text end
42.4
new text begin under section 169.98, subdivision 1.new text end
42.5
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
42.6
new text begin of this section is guilty of a felony and may be sentenced to imprisonment for not
more than new text end
42.7
new text begin two years or to payment of a fine of not more than $4,000, or both.new text end
42.8
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
42.9
new text begin committed on or after that date.new text end
42.10 Sec. 14. Minnesota Statutes 2016, section 609.595, subdivision 1, is amended to read:
42.11 Subdivision 1.
Criminal damage to property in the first degree. Whoever intentionally
42.12causes damage to physical property of another without the latter's consent may be
sentenced
42.13to imprisonment for not more than five years or to payment of a fine of not more than
42.14$10,000, or both, if:
42.15 (1) the damage to the property caused a reasonably foreseeable risk of bodily harm;
or
42.16 (2)
new text begin the property damaged was a public safety motor vehicle, the defendant knew the new text end
42.17
new text begin vehicle was a public safety motor vehicle, and the damage to the vehicle caused a
substantial new text end
42.18
new text begin interruption or impairment of public safety service or a reasonably foreseeable risk
of bodily new text end
42.19
new text begin harm; ornew text end
42.20
new text begin (3) new text end the property damaged belongs to a common carrier and the damage impairs the
42.21service to the public rendered by the carrier; or
42.22 (3)
new text begin (4) new text end the damage reduces the value of the property by more than $1,000 measured by
42.23the cost of repair and replacement; or
42.24 (4)
new text begin (5) new text end the damage reduces the value of the property by more than $500 measured by
42.25the cost of repair and replacement and the defendant has been convicted within the
preceding
42.26three years of an offense under this subdivision or subdivision 2.
42.27 In any prosecution under clause (3)
new text begin (4)new text end , the value of any property damaged by the
42.28defendant in violation of that clause within any six-month period may be aggregated
and
42.29the defendant charged accordingly in applying the provisions of this section; provided
that
42.30when two or more offenses are committed by the same person in two or more counties,
the
42.31accused may be prosecuted in any county in which one of the offenses was committed
for
42.32all of the offenses aggregated under this paragraph.
43.1
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
43.2
new text begin committed on or after that date.new text end
43.3 Sec. 15. Minnesota Statutes 2016, section 609.595, subdivision 2, is amended to read:
43.4 Subd. 2.
Criminal damage to property in the third degree. (a) Except as otherwise
43.5provided in subdivision 1a, whoever intentionally causes damage to another person's
physical
43.6property without the other person's consent may be sentenced to imprisonment for not
more
43.7than 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
43.8reduces the value of the property by more than $500 but not more than $1,000 as measured
43.9by the cost of repair and replacement
new text begin ; or (2) the damage was to a public safety motor vehicle new text end
43.10
new text begin and the defendant knew the vehicle was a public safety motor vehiclenew text end .
43.11 (b) Whoever intentionally causes damage to another person's physical property without
43.12the other person's consent because of the property owner's or another's actual or
perceived
43.13race, color, religion, sex, sexual orientation, disability as defined in section
363A.03, age,
43.14or national origin may be sentenced to imprisonment for not more than one year or
to
43.15payment of a fine of not more than $3,000, or both, if the damage reduces the value
of the
43.16property by not more than $500.
43.17 (c) In any prosecution under paragraph (a),
new text begin clause (1), new text end the value of property damaged
43.18by the defendant in violation of that paragraph within any six-month period may be
43.19aggregated and the defendant charged accordingly in applying this section. When two
or
43.20more offenses are committed by the same person in two or more counties, the accused
may
43.21be prosecuted in any county in which one of the offenses was committed for all of
the
43.22offenses aggregated under this paragraph.
43.23
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
43.24
new text begin committed on or after that date.new text end
43.25 Sec. 16. Minnesota Statutes 2016, section 609.595, is amended by adding a subdivision
43.26to read:
43.27
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
43.28
new text begin (1) marked vehicles used by law enforcement agencies and specially marked vehicles
new text end
43.29
new text begin permitted under section 169.98, subdivision 2a, owned or leased by the state or a
political new text end
43.30
new text begin subdivision;new text end
43.31
new text begin (2) fire apparatuses, including fire-suppression support vehicles, owned or leased
by the new text end
43.32
new text begin state or a political subdivision;new text end
44.1
new text begin (3) ambulances owned or leased by the state or a political subdivision;new text end
44.2
new text begin (4) vehicles owned by ambulance services licensed under section 144E.10 that are new text end
44.3
new text begin equipped and specifically intended for emergency response or providing ambulance services;
new text end
44.4
new text begin andnew text end
44.5
new text begin (5) marked vehicles used by conservation officers of the Division of Enforcement and
new text end
44.6
new text begin Field Service of the Department of Natural Resources.new text end
44.7
new text begin (b) As used in subdivision 1, clause (2), and subdivision 2, paragraph (a), clause
(2), new text end
44.8
new text begin "damage" includes tampering with a public safety motor vehicle and acts that obstruct
or new text end
44.9
new text begin interfere with the vehicle's use.new text end
44.10
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
44.11
new text begin committed on or after that date.new text end
44.12 Sec. 17. Minnesota Statutes 2016, section 609.605, is amended by adding a subdivision
44.13to read:
44.14
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
44.15
new text begin the meaning given in section 169.011, subdivision 71.new text end
44.16
new text begin (b) As used in this subdivision, "pupils" means persons in grades prekindergarten
through new text end
44.17
new text begin grade 12.new text end
44.18
new text begin (c) A person who boards a school bus when the bus is on its route or otherwise in
new text end
44.19
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
44.20
new text begin bus operator, is guilty of a misdemeanor.new text end
44.21
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
44.22
new text begin committed on or after that date.new text end
44.23 Sec. 18. Minnesota Statutes 2016, section 609.74, is amended to read:
44.24
609.74 PUBLIC NUISANCE.
44.25
new text begin (a) new text end Whoever by an act or failure to perform a legal duty intentionally does any of the
44.26following is guilty of maintaining a public nuisance, which is a misdemeanor:
44.27(1) maintains or permits a condition which unreasonably annoys, injures or endangers
44.28the safety, health, morals, comfort, or repose of any considerable number of members
of
44.29the public; or
45.1(2)
new text begin except as provided in paragraph (b), new text end interferes with, obstructs, or renders dangerous
45.2for passage, any public highway or right-of-way, or waters used by the public; or
45.3(3) is guilty of any other act or omission declared by law to be a public nuisance
and for
45.4which no sentence is specifically provided.
45.5
new text begin (b) It is a gross misdemeanor for a person to interfere with or obstruct traffic that
is new text end
45.6
new text begin entering, exiting, or on a freeway or entering, exiting, or on a public roadway within
the new text end
45.7
new text begin boundaries of airport property with the intent to interfere with, obstruct, or otherwise
disrupt new text end
45.8
new text begin traffic. This paragraph does not apply to the actions of law enforcement or other
emergency new text end
45.9
new text begin responders, road or airport authorities, or utility officials, or their agents, employees,
or new text end
45.10
new text begin contractors when carrying out duties imposed by law or contract. For purposes of this
new text end
45.11
new text begin paragraph: (1) "airport" means an airport that has a control tower and airline service;
and new text end
45.12
new text begin (2) "freeway" means any section of a divided highway where the only access and egress
for new text end
45.13
new text begin vehicular traffic is from entrance and exit ramps.new text end
45.14
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
45.15
new text begin committed on or after that date.new text end
45.16 Sec. 19. Minnesota Statutes 2016, section 609.748, subdivision 3, is amended to read:
45.17 Subd. 3.
Contents of petition; hearing; notice. (a) A petition for relief must allege
45.18facts sufficient to show the following:
45.19 (1) the name of the alleged harassment victim;
45.20 (2) the name of the respondent; and
45.21 (3) that the respondent has engaged in harassment.
45.22A petition for relief must state whether the petitioner has had a previous restraining
order
45.23in effect against the respondent. The petition shall be accompanied by an affidavit
made
45.24under oath stating the specific facts and circumstances from which relief is sought.
The
45.25court shall provide simplified forms and clerical assistance to help with the writing
and
45.26filing of a petition under this section and shall advise the petitioner of the right
to sue in
45.27forma pauperis under section
563.01. The court shall advise the petitioner of the right to
45.28request a hearing. If the petitioner does not request a hearing, the court shall advise
the
45.29petitioner that the respondent may request a hearing and that notice of the hearing
date and
45.30time will be provided to the petitioner by mail at least five days before the hearing.
Upon
45.31receipt of the petition and a request for a hearing by the petitioner, the court shall
order a
45.32hearing. Personal service must be made upon the respondent not less than five days
before
45.33the hearing. If personal service cannot be completed in time to give the respondent
the
46.1minimum notice required under this paragraph, the court may set a new hearing date.
Nothing
46.2in this section shall be construed as requiring a hearing on a matter that has no
merit.
46.3 (b) Notwithstanding paragraph (a), the order for a hearing and a temporary order issued
46.4under subdivision 4 may be served on the respondent by means of a one-week published
46.5notice under section
645.11, if:
46.6 (1) the petitioner files an affidavit with the court stating that an attempt at personal
46.7service made by a sheriff
new text begin peace officernew text end was unsuccessful because the respondent is avoiding
46.8service by concealment or otherwise; and
46.9 (2) a copy of the petition and order for hearing and any temporary restraining order
has
46.10been mailed to the respondent at the respondent's residence or place of business,
if the
46.11respondent is an organization, or the respondent's residence or place of business
is not known
46.12to the petitioner.
46.13 (c) Regardless of the method of service, if the respondent is a juvenile, whenever
possible,
46.14the court also shall have notice of the pendency of the case and of the time and place
of the
46.15hearing served by mail at the last known address upon any parent or guardian of the
juvenile
46.16respondent who is not the petitioner.
46.17 (d) A request for a hearing under this subdivision must be made within 20 days of
service
46.18of the petition.
46.19 Sec. 20. Minnesota Statutes 2016, section 609.748, subdivision 3a, is amended to read:
46.20 Subd. 3a.
Filing fee; cost of service. The filing fees for a restraining order under this
46.21section are waived for the petitioner if the petition alleges acts that would constitute
a
46.22violation of section
609.749, subdivision 2, 3, 4, or 5, or sections
609.342 to
609.3451. The
46.23court administrator and the sheriff of any county
new text begin any peace officernew text end in this state shall perform
46.24their duties relating to service of process without charge to the petitioner. The
court shall
46.25direct payment of the reasonable costs of service of process if served by a private
process
46.26server when the sheriff
new text begin a peace officernew text end is unavailable or if service is made by publication.
46.27The court may direct a respondent to pay to the court administrator the petitioner's
filing
46.28fees and reasonable costs of service of process if the court determines that the respondent
46.29has the ability to pay the petitioner's fees and costs.
46.30 Sec. 21. Minnesota Statutes 2016, section 609.748, subdivision 5, is amended to read:
46.31 Subd. 5.
Restraining order. (a) The court may issue a restraining order that provides
46.32any or all of the following:
47.1(1) orders the respondent to cease or avoid the harassment of another person; or
47.2(2) orders the respondent to have no contact with another person.
47.3(b) The court may issue an order under paragraph (a) if all of the following occur:
47.4 (1) the petitioner has filed a petition under subdivision 3;
47.5 (2) the sheriff
new text begin a peace officernew text end has served respondent with a copy of the temporary
47.6restraining order obtained under subdivision 4, and with notice of the right to request
a
47.7hearing, or service has been made by publication under subdivision 3, paragraph (b);
and
47.8 (3) the court finds at the hearing that there are reasonable grounds to believe that
the
47.9respondent has engaged in harassment.
47.10A restraining order may be issued only against the respondent named in the petition;
except
47.11that if the respondent is an organization, the order may be issued against and apply
to all of
47.12the members of the organization. If the court finds that the petitioner has had two
or more
47.13previous restraining orders in effect against the same respondent or the respondent
has
47.14violated a prior or existing restraining order on two or more occasions, relief granted
by the
47.15restraining order may be for a period of up to 50 years. In all other cases, relief
granted by
47.16the restraining order must be for a fixed period of not more than two years. When
a referee
47.17presides at the hearing on the petition, the restraining order becomes effective upon
the
47.18referee's signature.
47.19 (c) An order issued under this subdivision must be personally served upon the respondent.
47.20 (d) If the court orders relief for a period of up to 50 years under paragraph (a),
the
47.21respondent named in the restraining order may request to have the restraining order
vacated
47.22or modified if the order has been in effect for at least five years and the respondent
has not
47.23violated the order. Application for relief under this paragraph must be made in the
county
47.24in which the restraining order was issued. Upon receipt of the request, the court
shall set a
47.25hearing date. Personal service must be made upon the petitioner named in the restraining
47.26order not less than 30 days before the date of the hearing. At the hearing, the respondent
47.27named in the restraining order has the burden of proving by a preponderance of the
evidence
47.28that there has been a material change in circumstances and that the reasons upon which
the
47.29court relied in granting the restraining order no longer apply and are unlikely to
occur. If
47.30the court finds that the respondent named in the restraining order has met the burden
of
47.31proof, the court may vacate or modify the order. If the court finds that the respondent
named
47.32in the restraining order has not met the burden of proof, the court shall deny the
request and
47.33no request may be made to vacate or modify the restraining order until five years
have
48.1elapsed from the date of denial. An order vacated or modified under this paragraph
must
48.2be personally served on the petitioner named in the restraining order.
48.3 Sec. 22. Minnesota Statutes 2016, section 609.748, is amended by adding a subdivision
48.4to read:
48.5
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
48.6
new text begin restraining order, a peace officer may serve a person with a short-form notification.
The new text end
48.7
new text begin short-form notification must include the following clauses: the respondent's name;
the new text end
48.8
new text begin respondent's date of birth, if known; the petitioner's name; the names of other protected
new text end
48.9
new text begin parties; the date and county in which the temporary restraining order or restraining
order new text end
48.10
new text begin was filed; the court file number; the hearing date and time, if known; the conditions
that new text end
48.11
new text begin apply to the respondent, either in checklist form or handwritten; and the name of
the judge new text end
48.12
new text begin who signed the order.new text end
48.13
new text begin The short-form notification must be in bold print in the following form:new text end
48.14
new text begin "The restraining order is now enforceable. You must report to your nearest sheriff's
new text end
48.15
new text begin office or county court to obtain a copy of the restraining order. You are subject
to arrest new text end
48.16
new text begin and may be charged with a misdemeanor, gross misdemeanor, or felony if you violate
any new text end
48.17
new text begin of the terms of the restraining order or this short-form notification."new text end
48.18
new text begin (b) Upon verification of the identity of the respondent and the existence of an unserved
new text end
48.19
new text begin harassment restraining order against the respondent, a law enforcement officer may
detain new text end
48.20
new text begin the respondent for a reasonable time necessary to complete and serve the short-form
new text end
48.21
new text begin notification.new text end
48.22
new text begin (c) When service is made by short-form notification, it may be proved by the affidavit
new text end
48.23
new text begin of the law enforcement officer making the service.new text end
48.24
new text begin (d) For service under this section only, service upon an individual may occur at any
new text end
48.25
new text begin time, including Sundays and legal holidays.new text end
48.26
new text begin (e) The superintendent of the Bureau of Criminal Apprehension shall provide the short
new text end
48.27
new text begin form to law enforcement agencies.new text end
48.28
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
48.29
new text begin on the Bureau of Criminal Apprehension's website that a computer system is available
to new text end
48.30
new text begin send harassment restraining order data from the Minnesota judicial branch to law new text end
48.31
new text begin enforcement.new text end
49.1 Sec. 23. Minnesota Statutes 2016, section 609.748, is amended by adding a subdivision
49.2to read:
49.3
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
49.4
new text begin but not limited to probation officers, court services officers, parole officers, and
employees new text end
49.5
new text begin of jails or correctional facilities, may serve a temporary restraining order or restraining
new text end
49.6
new text begin order.new text end
49.7 Sec. 24. Minnesota Statutes 2016, section 609.855, subdivision 2, is amended to read:
49.8 Subd. 2.
Unlawful interference with transit operator. (a) Whoever intentionally
49.9commits an act that interferes with or obstructs, or tends to interfere with or obstruct,
the
49.10operation of a transit vehicle is guilty of unlawful interference with a transit operator
new text begin a crimenew text end
49.11and may be sentenced as provided in paragraph (c).
49.12(b) An act that is committed on a transit vehicle that distracts the driver from the safe
49.13operation of the vehicle
new text begin , restricts passenger access to the transit vehicle,new text end or that endangers
49.14passengers is a violation of this subdivision if an authorized transit representative
has clearly
49.15warned the person once to stop the act.
49.16(c) A person who violates this subdivision may be sentenced as follows:
49.17(1) to imprisonment for not more than three years or to payment of a fine of not more
49.18than $5,000, or both, if the violation was accompanied by force or violence or a
49.19communication of a threat of force or violence; or
49.20(2) to imprisonment for not more than 90 days
new text begin one yearnew text end or to payment of a fine of not
49.21more than $1,000
new text begin $3,000new text end , or both, if the violation was not accompanied by force or violence
49.22or a communication of a threat of force or violence.
49.23
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
49.24
new text begin committed on or after that date.new text end
49.25 Sec. 25. Minnesota Statutes 2016, section 624.714, subdivision 17, is amended to read:
49.26 Subd. 17.
Posting; trespass. (a) A person carrying a firearm on or about his or her person
49.27or clothes under a permit or otherwise who remains at a private establishment knowing
that
49.28the operator of the establishment or its agent has made a reasonable request that
firearms
49.29not be brought into the establishment may be ordered to leave the premises. A person
who
49.30fails to leave when so requested is guilty of a petty misdemeanor. The fine for a
first offense
49.31must not exceed $25. Notwithstanding section
609.531, a firearm carried in violation of
49.32this subdivision is not subject to forfeiture.
50.1(b) As used in this subdivision, the terms in this paragraph have the meanings given.
50.2(1) "Reasonable request" means a request made under the following circumstances:
50.3(i) the requester has prominently posted a conspicuous sign at every entrance to the
50.4establishment containing the following language: "(INDICATE IDENTITY OF OPERATOR)
50.5BANS GUNS IN THESE PREMISES."; or
50.6(ii) the requester or the requester's agent personally informs the person that guns
are
50.7prohibited in the premises and demands compliance.
50.8(2) "Prominently" means readily visible and within four feet laterally of the entrance
50.9with the bottom of the sign at a height of four to six feet above the floor.
50.10(3) "Conspicuous" means lettering in black arial typeface at least 1-1/2 inches in
height
50.11against a bright contrasting background that is at least 187 square inches in area.
50.12(4) "Private establishment" means a building, structure, or portion thereof that is
owned,
50.13leased, controlled, or operated by a nongovernmental entity for a nongovernmental
purpose.
50.14(c) The owner or operator of a private establishment may not prohibit the lawful carry
50.15or possession of firearms in a parking facility or parking area.
50.16
new text begin (d) The owner or operator of a private establishment may not prohibit the lawful carry
new text end
50.17
new text begin or possession of firearms by a peace officer, as defined in section 626.84, subdivision
1, new text end
50.18
new text begin paragraph (c), within the private establishment or deny the officer access thereto,
except new text end
50.19
new text begin when specifically authorized by statute. The owner or operator of the private establishment
new text end
50.20
new text begin may require the display of official credentials issued by the agency that employs
the peace new text end
50.21
new text begin officer prior to granting the officer entry into the private establishment.new text end
50.22(d)
new text begin (e)new text end This subdivision does not apply to private residences. The lawful possessor of a
50.23private residence may prohibit firearms, and provide notice thereof, in any lawful
manner.
50.24(e)
new text begin (f)new text end A landlord may not restrict the lawful carry or possession of firearms by tenants
50.25or their guests.
50.26(f)
new text begin (g)new text end Notwithstanding any inconsistent provisions in section
609.605, this subdivision
50.27sets forth the exclusive criteria to notify a permit holder when otherwise lawful
firearm
50.28possession is not allowed in a private establishment and sets forth the exclusive
penalty for
50.29such activity.
50.30(g)
new text begin (h)new text end This subdivision does not apply to:
50.31(1) an active licensed peace officer; or
51.1(2) a security guard acting in the course and scope of employment.
new text begin The owner or operator new text end
51.2
new text begin of a private establishment may require the display of official credentials issued
by the new text end
51.3
new text begin company, which must be licensed by the Private Detective and Protective Agent Services
new text end
51.4
new text begin Board, that employs the security guard and the guard's permit card prior to granting
the new text end
51.5
new text begin guard entrance into the private establishment.new text end
51.6 Sec. 26.
new text begin [626.8469] TRAINING IN CRISIS RESPONSE, CONFLICT new text end
51.7
new text begin MANAGEMENT, AND CULTURAL DIVERSITY.new text end
51.8
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
51.9
new text begin enforcement officer of every state and local law enforcement agency shall provide
in-service new text end
51.10
new text begin training in crisis intervention and mental illness crises; conflict management and
mediation; new text end
51.11
new text begin and recognizing and valuing community diversity and cultural differences to include
implicit new text end
51.12
new text begin bias training to every peace officer and part-time peace officer employed by the agency.
new text end
51.13
new text begin The training shall comply with learning objectives developed and approved by the board
new text end
51.14
new text begin and shall meet board requirements for board-approved continuing education credit.
The new text end
51.15
new text begin training shall consist of at least 16 continuing education credits within an officer's
three-year new text end
51.16
new text begin licensing cycle. Each peace officer with a license renewal date after June 30, 2018,
is not new text end
51.17
new text begin required to complete this training until the officer's next full three-year licensing
cycle.new text end
51.18
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
51.19
new text begin agency shall maintain written records of the agency's compliance with the requirements
of new text end
51.20
new text begin subdivision 1. The documentation is subject to periodic review by the board, and shall
be new text end
51.21
new text begin made available to the board at its request.new text end
51.22
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
51.23
new text begin sanctions and seek injunctive relief under section 214.11 for failure to comply with
the new text end
51.24
new text begin requirements of this section.new text end
51.25 Sec. 27. Laws 2009, chapter 59, article 3, section 4, subdivision 8, as amended by Laws
51.262011, chapter 87, section 1, subdivision 8, is amended to read:
51.27 Subd. 8.
Report. (a) By February 1, 2013
new text begin 2019new text end , the commissioner of public safety and
51.28each eligible city and county that participates in the diversion program shall report
to the
51.29legislative committees with jurisdiction over transportation and the judiciary concerning
51.30the results of the program. The report must be made electronically and available in print
51.31only upon request.
new text begin At a minimum, new text end the report must include, without limitation, the effect of
51.32the program on:
51.33(1) recidivism rates for participants in the diversion pilot program;
52.1(2) payment of the
new text begin information for reinstatementnew text end fees
new text begin , surcharges, restitution,new text end and
new text begin criminal new text end
52.2fines collected in the diversion pilot program to cities, counties, and the state;
52.3(3) educational support provided to participants in the diversion pilot program; and
52.4(4) the total number of participants in the diversion pilot program and
new text begin ;new text end
52.5
new text begin (5)new text end the number of participants who have terminated from the pilot program under
52.6subdivision 7, paragraph (a), clauses (1) to (3)
new text begin ; andnew text end
52.7
new text begin (6) the names of all third-party program administrators and their program fee refund
new text end
52.8
new text begin policy, and, for each administrator the amount charged for program fees, and the amount
new text end
52.9
new text begin of program fees retained from participants who have terminated from the programnew text end .
52.10 (b) The report must include recommendations regarding the future of the program and
52.11any necessary legislative changes.
52.12 Sec. 28. Laws 2009, chapter 59, article 3, section 4, subdivision 9, as amended by Laws
52.132010, chapter 197, section 1, Laws 2011, chapter 87, section 1, subdivision 9, and
Laws
52.142013, chapter 127, section 60, is amended to read:
52.15 Subd. 9.
Sunset. A city or county participating in this pilot program may accept an
52.16individual for diversion into the pilot program until June 30, 2017
new text begin 2019new text end . The third party
52.17administering the diversion program may collect and disburse fees collected pursuant
to
52.18subdivision 6, paragraph (a), clause (2), through December 31, 2018
new text begin 2020new text end , at which time
52.19the pilot program under this section expires.
52.20 Sec. 29.
new text begin ALTERNATIVES TO INCARCERATION PILOT PROGRAM FUND.new text end
52.21
new text begin (a) Agencies providing supervision to offenders on probation, parole, or supervised
new text end
52.22
new text begin release are eligible for grants to facilitate access to community options including,
but not new text end
52.23
new text begin limited to, inpatient chemical dependency treatment for nonviolent controlled substance
new text end
52.24
new text begin offenders to address and correct behavior that is, or is likely to result in, a technical
violation new text end
52.25
new text begin of the conditions of release. For purposes of this section, "nonviolent controlled
substance new text end
52.26
new text begin offender" is a person who meets the criteria described under Minnesota Statutes, section
new text end
52.27
new text begin 244.0513, subdivision 2, clauses (1), (2), and (5), and "technical violation" means
a violation new text end
52.28
new text begin of a court order of probation, condition of parole, or condition of supervised release,
except new text end
52.29
new text begin an allegation of a subsequent criminal act that is alleged in a formal complaint,
citation, or new text end
52.30
new text begin petition.new text end
52.31
new text begin (b) The Department of Corrections shall establish criteria for selecting grant recipients
new text end
52.32
new text begin and the amount awarded to each grant recipient.new text end
53.1
new text begin (c) By January 15, 2019, the commissioner of corrections shall submit a report to
the new text end
53.2
new text begin chairs of the house of representatives and senate committees with jurisdiction over
public new text end
53.3
new text begin safety policy and finance. At a minimum, the report must include:new text end
53.4
new text begin (1) the total number of grants issued under this program;new text end
53.5
new text begin (2) the average amount of each grant;new text end
53.6
new text begin (3) the community services accessed as a result of the grants;new text end
53.7
new text begin (4) a summary of the type of supervision offenders were under when a grant was used
new text end
53.8
new text begin to help access a community option;new text end
53.9
new text begin (5) the number of individuals who completed, and the number who failed to complete,
new text end
53.10
new text begin programs accessed as a result of this grant; andnew text end
53.11
new text begin (6) the number of individuals who violated the terms of release following participation
new text end
53.12
new text begin in a program accessed as a result of this grant, separating technical violations and
new new text end
53.13
new text begin criminal offenses.new text end
53.14
ARTICLE 4
53.15
COURT-RELATED FEE DECREASES
53.16 Section 1. Minnesota Statutes 2016, section 357.021, subdivision 2, is amended to read:
53.17 Subd. 2.
Fee amounts. The fees to be charged and collected by the court administrator
53.18shall be as follows:
53.19 (1) In every civil action or proceeding in said court, including any case arising
under
53.20the tax laws of the state that could be transferred or appealed to the Tax Court,
the plaintiff,
53.21petitioner, or other moving party shall pay, when the first paper is filed for that
party in said
53.22action, a fee of $310
new text begin $280new text end , except in marriage dissolution actions the fee is $340
new text begin $310new text end .
53.23 The defendant or other adverse or intervening party, or any one or more of several
53.24defendants or other adverse or intervening parties appearing separately from the others,
53.25shall pay, when the first paper is filed for that party in said action, a fee of $310
new text begin $280new text end , except
53.26in marriage dissolution actions the fee is $340
new text begin $310new text end . This subdivision does not apply to the
53.27filing of an Application for Discharge of Judgment. Section
548.181 applies to an Application
53.28for Discharge of Judgment.
53.29 The party requesting a trial by jury shall pay $100.
53.30 The fees above stated shall be the full trial fee chargeable to said parties irrespective
of
53.31whether trial be to the court alone, to the court and jury, or disposed of without
trial, and
54.1shall include the entry of judgment in the action, but does not include copies or
certified
54.2copies of any papers so filed or proceedings under chapter 103E, except the provisions
54.3therein as to appeals.
54.4 (2) Certified copy of any instrument from a civil or criminal proceeding, $14, and
$8
54.5for an uncertified copy.
54.6 (3) Issuing a subpoena, $16 for each name.
54.7 (4) Filing a motion or response to a motion in civil, family, excluding child support,
and
54.8guardianship cases, $100
new text begin $75new text end .
54.9 (5) Issuing an execution and filing the return thereof; issuing a writ of attachment,
54.10injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not
specifically
54.11mentioned, $55.
54.12 (6) Issuing a transcript of judgment, or for filing and docketing a transcript of
judgment
54.13from another court, $40.
54.14 (7) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment
of
54.15judgment, $5.
54.16 (8) Certificate as to existence or nonexistence of judgments docketed, $5 for each
name
54.17certified to.
54.18 (9) Filing and indexing trade name; or recording basic science certificate; or recording
54.19certificate of physicians, osteopathic physicians, chiropractors, veterinarians, or
optometrists,
54.20$5.
54.21 (10) For the filing of each partial, final, or annual account in all trusteeships,
$55.
54.22 (11) For the deposit of a will, $27.
54.23 (12) For recording notary commission, $20.
54.24 (13) Filing a motion or response to a motion for modification of child support, a
fee of
54.25$100
new text begin $50new text end .
54.26 (14) All other services required by law for which no fee is provided, such fee as
compares
54.27favorably with those herein provided, or such as may be fixed by rule or order of
the court.
54.28 (15) In addition to any other filing fees under this chapter, a surcharge in the amount
of
54.29$75 must be assessed in accordance with section
259.52, subdivision 14, for each adoption
54.30petition filed in district court to fund the fathers' adoption registry under section
259.52.
55.1 The fees in clauses (3) and (5) need not be paid by a public authority or the party
the
55.2public authority represents.
55.3 Sec. 2. Minnesota Statutes 2016, section 357.022, is amended to read:
55.4
357.022 CONCILIATION COURT FEE.
55.5The court administrator in every county shall charge and collect a filing fee of $65
new text begin $50new text end
55.6from every plaintiff and from every defendant when the first paper for that party
is filed in
55.7any conciliation court action. This section does not apply to conciliation court actions
filed
55.8by the state. The court administrator shall transmit the fees monthly to the commissioner
55.9of management and budget for deposit in the state treasury and credit to the general
fund.
55.10 Sec. 3. Minnesota Statutes 2016, section 609.748, subdivision 3a, is amended to read:
55.11 Subd. 3a.
Filing fee; cost of service. The filing fees for a restraining order under this
55.12section are waived for the petitioner
new text begin and the respondent new text end if the petition alleges acts that would
55.13constitute a violation of section
609.749, subdivision 2, 3, 4, or 5, or sections
609.342 to
55.14609.3451
. The court administrator and the sheriff of any county in this state shall perform
55.15their duties relating to service of process without charge to the petitioner. The
court shall
55.16direct payment of the reasonable costs of service of process if served by a private
process
55.17server when the sheriff is unavailable or if service is made by publication. The court may
55.18direct a respondent to pay to the court administrator the petitioner's filing fees
and reasonable
55.19costs of service of process if the court determines that the respondent has the ability
to pay
55.20the petitioner's fees and costs.
55.21
ARTICLE 5
55.22
CONTROLLED SUBSTANCES
55.23 Section 1. Minnesota Statutes 2016, section 152.02, subdivision 2, is amended to read:
55.24 Subd. 2.
Schedule I. (a) Schedule I consists of the substances listed in this subdivision.
55.25(b) Opiates. Unless specifically excepted or unless listed in another schedule, any
of the
55.26following substances, including their analogs, isomers, esters, ethers, salts, and
salts of
55.27isomers, esters, and ethers, whenever the existence of the analogs, isomers, esters,
ethers,
55.28and salts is possible:
55.29(1) acetylmethadol;
55.30(2) allylprodine;
56.1(3) alphacetylmethadol (except levo-alphacetylmethadol, also known as levomethadyl
56.2acetate);
56.3(4) alphameprodine;
56.4(5) alphamethadol;
56.5(6) alpha-methylfentanyl benzethidine;
56.6(7) betacetylmethadol;
56.7(8) betameprodine;
56.8(9) betamethadol;
56.9(10) betaprodine;
56.10(11) clonitazene;
56.11(12) dextromoramide;
56.12(13) diampromide;
56.13(14) diethyliambutene;
56.14(15) difenoxin;
56.15(16) dimenoxadol;
56.16(17) dimepheptanol;
56.17(18) dimethyliambutene;
56.18(19) dioxaphetyl butyrate;
56.19(20) dipipanone;
56.20(21) ethylmethylthiambutene;
56.21(22) etonitazene;
56.22(23) etoxeridine;
56.23(24) furethidine;
56.24(25) hydroxypethidine;
56.25(26) ketobemidone;
56.26(27) levomoramide;
56.27(28) levophenacylmorphan;
57.1(29) 3-methylfentanyl;
57.2(30) acetyl-alpha-methylfentanyl;
57.3(31) alpha-methylthiofentanyl;
57.4(32) benzylfentanyl beta-hydroxyfentanyl;
57.5(33) beta-hydroxy-3-methylfentanyl;
57.6(34) 3-methylthiofentanyl;
57.7(35) thenylfentanyl;
57.8(36) thiofentanyl;
57.9(37) para-fluorofentanyl;
57.10(38) morpheridine;
57.11(39) 1-methyl-4-phenyl-4-propionoxypiperidine;
57.12(40) noracymethadol;
57.13(41) norlevorphanol;
57.14(42) normethadone;
57.15(43) norpipanone;
57.16(44) 1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine (PEPAP);
57.17(45) phenadoxone;
57.18(46) phenampromide;
57.19(47) phenomorphan;
57.20(48) phenoperidine;
57.21(49) piritramide;
57.22(50) proheptazine;
57.23(51) properidine;
57.24(52) propiram;
57.25(53) racemoramide;
57.26(54) tilidine;
57.27(55) trimeperidine;
58.1(56) N-(1-Phenethylpiperidin-4-yl)-N-phenylacetamide (acetyl fentanyl)
new text begin ;new text end
58.2
new text begin (57) new text end
58.3
new text begin 3,4-dichloro-N-[(1R,2R)-2-(dimethylamino)cyclohexyl]-N-methylbenzamide(U47700); new text end
58.4
new text begin andnew text end
58.5
new text begin (58) N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]furan-2-carboxamide(furanylfentanyl)new text end .
58.6(c) Opium derivatives. Any of the following substances, their analogs, salts, isomers,
58.7and salts of isomers, unless specifically excepted or unless listed in another schedule,
58.8whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
58.9(1) acetorphine;
58.10(2) acetyldihydrocodeine;
58.11(3) benzylmorphine;
58.12(4) codeine methylbromide;
58.13(5) codeine-n-oxide;
58.14(6) cyprenorphine;
58.15(7) desomorphine;
58.16(8) dihydromorphine;
58.17(9) drotebanol;
58.18(10) etorphine;
58.19(11) heroin;
58.20(12) hydromorphinol;
58.21(13) methyldesorphine;
58.22(14) methyldihydromorphine;
58.23(15) morphine methylbromide;
58.24(16) morphine methylsulfonate;
58.25(17) morphine-n-oxide;
58.26(18) myrophine;
58.27(19) nicocodeine;
58.28(20) nicomorphine;
59.1(21) normorphine;
59.2(22) pholcodine;
new text begin andnew text end
59.3(23) thebacon.
59.4(d) Hallucinogens. Any material, compound, mixture or preparation which contains any
59.5quantity of the following substances, their analogs, salts, isomers (whether optical,
positional,
59.6or geometric), and salts of isomers, unless specifically excepted or unless listed
in another
59.7schedule, whenever the existence of the analogs, salts, isomers, and salts of isomers
is
59.8possible:
59.9(1) methylenedioxy amphetamine;
59.10(2) methylenedioxymethamphetamine;
59.11(3) methylenedioxy-N-ethylamphetamine (MDEA);
59.12(4) n-hydroxy-methylenedioxyamphetamine;
59.13(5) 4-bromo-2,5-dimethoxyamphetamine (DOB);
59.14(6) 2,5-dimethoxyamphetamine (2,5-DMA);
59.15(7) 4-methoxyamphetamine;
59.16(8) 5-methoxy-3, 4-methylenedioxyamphetamine;
59.17(9) alpha-ethyltryptamine;
59.18(10) bufotenine;
59.19(11) diethyltryptamine;
59.20(12) dimethyltryptamine;
59.21(13) 3,4,5-trimethoxyamphetamine;
59.22(14) 4-methyl-2, 5-dimethoxyamphetamine (DOM);
59.23(15) ibogaine;
59.24(16) lysergic acid diethylamide (LSD);
59.25(17) mescaline;
59.26(18) parahexyl;
59.27(19) N-ethyl-3-piperidyl benzilate;
59.28(20) N-methyl-3-piperidyl benzilate;
60.1(21) psilocybin;
60.2(22) psilocyn;
60.3(23) tenocyclidine (TPCP or TCP);
60.4(24) N-ethyl-1-phenyl-cyclohexylamine (PCE);
60.5(25) 1-(1-phenylcyclohexyl) pyrrolidine (PCPy);
60.6(26) 1-[1-(2-thienyl)cyclohexyl]-pyrrolidine (TCPy);
60.7(27) 4-chloro-2,5-dimethoxyamphetamine (DOC);
60.8(28) 4-ethyl-2,5-dimethoxyamphetamine (DOET);
60.9(29) 4-iodo-2,5-dimethoxyamphetamine (DOI);
60.10(30) 4-bromo-2,5-dimethoxyphenethylamine (2C-B);
60.11(31) 4-chloro-2,5-dimethoxyphenethylamine (2C-C);
60.12(32) 4-methyl-2,5-dimethoxyphenethylamine (2C-D);
60.13(33) 4-ethyl-2,5-dimethoxyphenethylamine (2C-E);
60.14(34) 4-iodo-2,5-dimethoxyphenethylamine (2C-I);
60.15(35) 4-propyl-2,5-dimethoxyphenethylamine (2C-P);
60.16(36) 4-isopropylthio-2,5-dimethoxyphenethylamine (2C-T-4);
60.17(37) 4-propylthio-2,5-dimethoxyphenethylamine (2C-T-7);
60.18(38) 2-(8-bromo-2,3,6,7-tetrahydrofuro [2,3-f][1]benzofuran-4-yl)ethanamine
60.19(2-CB-FLY);
60.20(39) bromo-benzodifuranyl-isopropylamine (Bromo-DragonFLY);
60.21(40) alpha-methyltryptamine (AMT);
60.22(41) N,N-diisopropyltryptamine (DiPT);
60.23(42) 4-acetoxy-N,N-dimethyltryptamine (4-AcO-DMT);
60.24(43) 4-acetoxy-N,N-diethyltryptamine (4-AcO-DET);
60.25(44) 4-hydroxy-N-methyl-N-propyltryptamine (4-HO-MPT);
60.26(45) 4-hydroxy-N,N-dipropyltryptamine (4-HO-DPT);
60.27(46) 4-hydroxy-N,N-diallyltryptamine (4-HO-DALT);
61.1(47) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT);
61.2(48) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DiPT);
61.3(49) 5-methoxy-α-methyltryptamine (5-MeO-AMT);
61.4(50) 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT);
61.5(51) 5-methylthio-N,N-dimethyltryptamine (5-MeS-DMT);
61.6(52) 5-methoxy-N-methyl-N-propyltryptamine
new text begin new text end
61.7
new text begin 5-methoxy-N-methyl-N-isopropyltryptaminenew text end (5-MeO-MiPT);
61.8(53) 5-methoxy-α-ethyltryptamine (5-MeO-AET);
61.9(54) 5-methoxy-N,N-dipropyltryptamine (5-MeO-DPT);
61.10(55) 5-methoxy-N,N-diethyltryptamine (5-MeO-DET);
61.11(56) 5-methoxy-N,N-diallyltryptamine (5-MeO-DALT);
61.12(57) methoxetamine (MXE);
61.13(58) 5-iodo-2-aminoindane (5-IAI);
61.14(59) 5,6-methylenedioxy-2-aminoindane (MDAI);
61.15(60) 2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25B-NBOMe);
61.16(61) 2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25C-NBOMe);
61.17(62) 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25I-NBOMe);
61.18(63) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);
61.19(64) 2-(4-Ethylthio-2,5-dimethoxyphenyl)ethanamine (2C-T-2);
61.20(65) N,N-Dipropyltryptamine (DPT);
61.21(66) 3-[1-(Piperidin-1-yl)cyclohexyl]phenol (3-HO-PCP);
61.22(67) N-ethyl-1-(3-methoxyphenyl)cyclohexanamine (3-MeO-PCE);
61.23(68) 4-[1-(3-methoxyphenyl)cyclohexyl]morpholine (3-MeO-PCMo);
61.24(69) 1-[1-(4-methoxyphenyl)cyclohexyl]-piperidine (methoxydine, 4-MeO-PCP);
61.25(70) 2-(2-Chlorophenyl)-2-(ethylamino)cyclohexan-1-one (N-Ethylnorketamine,
61.26ethketamine, NENK); and
61.27(71) methylenedioxy-N,N-dimethylamphetamine (MDDMA)
new text begin ;new text end
61.28
new text begin (72) 3-(2-Ethyl(methyl)aminoethyl)-1H-indol-4-yl (4-AcO-MET); andnew text end
62.1
new text begin (73) 2-Phenyl-2-(methylamino)cyclohexanone (deschloroketamine)new text end .
62.2(e) Peyote. All parts of the plant presently classified botanically as Lophophora
williamsii
62.3Lemaire, whether growing or not, the seeds thereof, any extract from any part of the
plant,
62.4and every compound, manufacture, salts, derivative, mixture, or preparation of the
plant,
62.5its seeds or extracts. The listing of peyote as a controlled substance in Schedule
I does not
62.6apply to the nondrug use of peyote in bona fide religious ceremonies of the American
Indian
62.7Church, and members of the American Indian Church are exempt from registration. Any
62.8person who manufactures peyote for or distributes peyote to the American Indian Church,
62.9however, is required to obtain federal registration annually and to comply with all
other
62.10requirements of law.
62.11(f) Central nervous system depressants. Unless specifically excepted or unless listed
in
62.12another schedule, any material compound, mixture, or preparation which contains any
62.13quantity of the following substances, their analogs, salts, isomers, and salts of
isomers
62.14whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
62.15(1) mecloqualone;
62.16(2) methaqualone;
62.17(3) gamma-hydroxybutyric acid (GHB), including its esters and ethers;
62.18(4) flunitrazepam; and
62.19(5) 2-(2-Methoxyphenyl)-2-(methylamino)cyclohexanone (2-MeO-2-deschloroketamine,
62.20methoxyketamine).
62.21(g) Stimulants. Unless specifically excepted or unless listed in another schedule,
any
62.22material compound, mixture, or preparation which contains any quantity of the following
62.23substances, their analogs, salts, isomers, and salts of isomers whenever the existence
of the
62.24analogs, salts, isomers, and salts of isomers is possible:
62.25 (1) aminorex;
62.26(2) cathinone;
62.27(3) fenethylline;
62.28 (4) methcathinone;
62.29(5) methylaminorex;
62.30(6) N,N-dimethylamphetamine;
62.31(7) N-benzylpiperazine (BZP);
63.1(8) methylmethcathinone (mephedrone);
63.2(9) 3,4-methylenedioxy-N-methylcathinone (methylone);
63.3(10) methoxymethcathinone (methedrone);
63.4(11) methylenedioxypyrovalerone (MDPV);
63.5(12) 3-fluoro-N-methylcathinone (3-FMC);
63.6(13) methylethcathinone (MEC);
63.7(14) 1-benzofuran-6-ylpropan-2-amine (6-APB);
63.8(15) dimethylmethcathinone (DMMC);
63.9(16) fluoroamphetamine;
63.10(17) fluoromethamphetamine;
63.11(18) α-methylaminobutyrophenone (MABP or buphedrone);
63.12(19) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one (butylone);
63.13(20) 2-(methylamino)-1-(4-methylphenyl)butan-1-one (4-MEMABP or BZ-6378);
63.14(21) 1-(naphthalen-2-yl)-2-(pyrrolidin-1-yl) pentan-1-one (naphthylpyrovalerone or
63.15naphyrone);
63.16(22) (alpha-pyrrolidinopentiophenone (alpha-PVP);
63.17(23) (RS)-1-(4-methylphenyl)-2-(1-pyrrolidinyl)-1-hexanone (4-Me-PHP or MPHP);
63.18(24) 2-(1-pyrrolidinyl)-hexanophenone (Alpha-PHP);
63.19(25) 4-methyl-N-ethylcathinone (4-MEC);
63.20(26) 4-methyl-alpha-pyrrolidinopropiophenone (4-MePPP);
63.21(27) 2-(methylamino)-1-phenylpentan-1-one (pentedrone);
63.22(28) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one (pentylone);
63.23(29) 4-fluoro-N-methylcathinone (4-FMC);
63.24(30) 3,4-methylenedioxy-N-ethylcathinone (ethylone);
63.25(31) alpha-pyrrolidinobutiophenone (α-PBP);
63.26(32) 5-(2-Aminopropyl)-2,3-dihydrobenzofuran (5-APDB);
63.27(33) 1-phenyl-2-(1-pyrrolidinyl)-1-heptanone (PV8);
64.1(34) 6-(2-Aminopropyl)-2,3-dihydrobenzofuran (6-APDB); and
64.2(35)
new text begin 4-methyl-alpha-ethylaminopentiophenone (4-MEAPP);new text end
64.3
new text begin (36) 4'-chloro-alpha-pyrrolidinopropiophenone (4-chloro-PPP);new text end
64.4
new text begin (37) 1-(1,3-Benzodioxol-5-yl)-2-(dimethylamino)butan-1-one (dibutylone, bk-DMBDB);
new text end
64.5
new text begin andnew text end
64.6
new text begin (38) new text end any other substance, except bupropion or compounds listed under a different
64.7schedule, that is structurally derived from 2-aminopropan-1-one by substitution at
the
64.81-position with either phenyl, naphthyl, or thiophene ring systems, whether or not
the
64.9compound is further modified in any of the following ways:
64.10(i) by substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy,
64.11haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in
the ring
64.12system by one or more other univalent substituents;
64.13(ii) by substitution at the 3-position with an acyclic alkyl substituent;
64.14(iii) by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or
64.15methoxybenzyl groups; or
64.16(iv) by inclusion of the 2-amino nitrogen atom in a cyclic structure.
64.17(h) Marijuana, tetrahydrocannabinols, and synthetic cannabinoids. Unless specifically
64.18excepted or unless listed in another schedule, any natural or synthetic material,
compound,
64.19mixture, or preparation that contains any quantity of the following substances, their
analogs,
64.20isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever
the existence
64.21of the isomers, esters, ethers, or salts is possible:
64.22(1) marijuana;
64.23(2) tetrahydrocannabinols naturally contained in a plant of the genus Cannabis, synthetic
64.24equivalents of the substances contained in the cannabis plant or in the resinous extractives
64.25of the plant, or synthetic substances with similar chemical structure and pharmacological
64.26activity to those substances contained in the plant or resinous extract, including,
but not
64.27limited to, 1 cis or trans tetrahydrocannabinol, 6 cis or trans tetrahydrocannabinol,
and 3,4
64.28cis or trans tetrahydrocannabinol;
64.29(3) synthetic cannabinoids, including the following substances:
64.30(i) Naphthoylindoles, which are any compounds containing a 3-(1-napthoyl)indole
64.31structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
64.32alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
65.12-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring
to any
65.2extent and whether or not substituted in the naphthyl ring to any extent. Examples
of
65.3naphthoylindoles include, but are not limited to:
65.4(A) 1-Pentyl-3-(1-naphthoyl)indole (JWH-018 and AM-678);
65.5(B) 1-Butyl-3-(1-naphthoyl)indole (JWH-073);
65.6(C) 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole (JWH-081);
65.7(D) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);
65.8(E) 1-Propyl-2-methyl-3-(1-naphthoyl)indole (JWH-015);
65.9(F) 1-Hexyl-3-(1-naphthoyl)indole (JWH-019);
65.10(G) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122);
65.11(H) 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole (JWH-210);
65.12(I) 1-Pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398);
65.13(J) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM-2201).
65.14(ii) Napthylmethylindoles, which are any compounds containing a
65.151H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom
of the
65.16indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
65.171-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further
65.18substituted in the indole ring to any extent and whether or not substituted in the
naphthyl
65.19ring to any extent. Examples of naphthylmethylindoles include, but are not limited
to:
65.20(A) 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane (JWH-175);
65.21(B) 1-Pentyl-1H-indol-3-yl-(4-methyl-1-naphthyl)methane (JWH-184).
65.22(iii) Naphthoylpyrroles, which are any compounds containing a 3-(1-naphthoyl)pyrrole
65.23structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl,
haloalkyl,
65.24alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
65.252-(4-morpholinyl)ethyl group whether or not further substituted in the pyrrole ring
to any
65.26extent, whether or not substituted in the naphthyl ring to any extent. Examples of
65.27naphthoylpyrroles include, but are not limited to,
65.28(5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1-ylmethanone (JWH-307).
65.29(iv) Naphthylmethylindenes, which are any compounds containing a naphthylideneindene
65.30structure with substitution at the 3-position of the indene ring by an allkyl, haloalkyl,
alkenyl,
65.31cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
66.12-(4-morpholinyl)ethyl group whether or not further substituted in the indene ring
to any
66.2extent, whether or not substituted in the naphthyl ring to any extent. Examples of
66.3naphthylemethylindenes include, but are not limited to,
66.4E-1-[1-(1-naphthalenylmethylene)-1H-inden-3-yl]pentane (JWH-176).
66.5(v) Phenylacetylindoles, which are any compounds containing a 3-phenylacetylindole
66.6structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
66.7alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
66.82-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring
to any
66.9extent, whether or not substituted in the phenyl ring to any extent. Examples of
66.10phenylacetylindoles include, but are not limited to:
66.11(A) 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (RCS-8);
66.12(B) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250);
66.13(C) 1-pentyl-3-(2-methylphenylacetyl)indole (JWH-251);
66.14(D) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203).
66.15(vi) Cyclohexylphenols, which are compounds containing a
66.162-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position of the
phenolic
66.17ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
66.181-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not substituted
66.19in the cyclohexyl ring to any extent. Examples of cyclohexylphenols include, but are
not
66.20limited to:
66.21(A) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP 47,497);
66.22(B) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol
66.23(Cannabicyclohexanol or CP 47,497 C8 homologue);
66.24(C) 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl]
66.25-phenol (CP 55,940).
66.26(vii) Benzoylindoles, which are any compounds containing a 3-(benzoyl)indole structure
66.27with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
alkenyl,
66.28cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
66.292-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring
to any
66.30extent and whether or not substituted in the phenyl ring to any extent. Examples of
66.31benzoylindoles include, but are not limited to:
66.32(A) 1-Pentyl-3-(4-methoxybenzoyl)indole (RCS-4);
67.1(B) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694);
67.2(C) (4-methoxyphenyl-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-yl]methanone (WIN
67.348,098 or Pravadoline).
67.4(viii) Others specifically named:
67.5(A) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)
67.6-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (HU-210);
67.7(B) (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)
67.8-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (Dexanabinol or HU-211);
67.9(C) 2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]
67.10-1,4-benzoxazin-6-yl-1-naphthalenylmethanone (WIN 55,212-2);
67.11(D) (1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (UR-144);
67.12(E) (1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone
67.13(XLR-11);
67.14(F) 1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indazole-3-carboxamide
67.15(AKB-48(APINACA));
67.16(G) N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide
67.17(5-Fluoro-AKB-48);
67.18(H) 1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid (PB-22);
67.19(I) 8-quinolinyl ester-1-(5-fluoropentyl)-1H-indole-3-carboxylic acid (5-Fluoro PB-22);
67.20(J) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-pentyl-1H-indazole- 3-carboxamide
67.21(AB-PINACA);
67.22(K) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-[(4-fluorophenyl)methyl]-
67.231H-indazole-3-carboxamide (AB-FUBINACA);
67.24(L) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-(cyclohexylmethyl)-1H-
67.25indazole-3-carboxamide(AB-CHMINACA);
67.26(M) (S)-methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3- methylbutanoate
67.27(5-fluoro-AMB);
67.28(N) [1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl) methanone (THJ-2201);
67.29(O) (1-(5-fluoropentyl)-1H-benzo[d]imidazol-2-yl)(naphthalen-1-yl)methanone)
67.30(FUBIMINA);
68.1(P) (7-methoxy-1-(2-morpholinoethyl)-N-((1S,2S,4R)-1,3,3-trimethylbicyclo
68.2[2.2.1]heptan-2-yl)-1H-indole-3-carboxamide (MN-25 or UR-12);
68.3(Q) (S)-N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)
68.4-1H-indole-3-carboxamide (5-fluoro-ABICA);
68.5(R) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl)
68.6-1H-indole-3-carboxamide;
68.7(S) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl)
68.8-1H-indazole-3-carboxamide;
68.9(T) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido) -3,3-dimethylbutanoate;
68.10(U) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1(cyclohexylmethyl)-1
68.11H-indazole-3-carboxamide (MAB-CHMINACA);
68.12(V) N-(1-Amino-3,3-dimethyl-1-oxo-2-butanyl)-1-pentyl-1H-indazole-3-carboxamide
68.13(ADB-PINACA);
68.14(W) methyl (1-(4-fluorobenzyl)-1H-indazole-3-carbonyl)-L-valinate (FUB-AMB);
68.15(X)
68.16N-[(1S)-2-amino-2-oxo-1-(phenylmethyl)ethyl]-1-(cyclohexylmethyl)-1H-Indazole-3-carboxamide.
68.17(APP-CHMINACA); and
68.18(Y) quinolin-8-yl 1-(4-fluorobenzyl)-1H-indole-3-carboxylate (FUB-PB-22)
new text begin ; andnew text end
68.19
new text begin (Z) methyl N-[1-(cyclohexylmethyl)-1H-indole-3-carbonyl]valinate (MMB-CHMICA)new text end .
68.20(i) A controlled substance analog, to the extent that it is implicitly or explicitly
intended
68.21for human consumption.
68.22
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
68.23
new text begin committed on or after that date.new text end
68.24 Sec. 2. Minnesota Statutes 2016, section 152.02, subdivision 12, is amended to read:
68.25 Subd. 12.
Coordination of controlled substance regulation with federal law and
68.26
state statute. new text begin (a) new text end If any substance is designated, rescheduled, or deleted as a controlled
68.27substance under federal law and notice thereof is given to the state Board of Pharmacy, the
68.28state Board of Pharmacy shall
new text begin maynew text end similarly
new text begin and temporarily new text end control the substance under
68.29this chapter, after the expiration of 30 days from publication in the Federal Register of a
68.30final order designating a substance as a controlled substance or rescheduling or deleting
a
68.31substance. Such order shall be filed with the secretary of state. If within that 30-day
period,
69.1the state Board of Pharmacy objects to inclusion, rescheduling, or deletion, it shall
publish
69.2the reasons for objection and afford all interested parties an opportunity to be heard.
At the
69.3conclusion of the hearing, the state Board of Pharmacy shall publish its decision,
which
69.4shall be subject to the provisions of chapter 14
new text begin by issuing an order and causing it to be new text end
69.5
new text begin published in the State Register and filed with the secretary of state. In issuing
the order, the new text end
69.6
new text begin board is not required to engage in rulemaking. The order expires no later than 12
months new text end
69.7
new text begin after the date of issue and may not be renewed. After issuing the order, the board
may new text end
69.8
new text begin permanently schedule the substance only by exercising the authority granted to it
under new text end
69.9
new text begin subdivision 8new text end .
69.10In exercising the authority granted by this chapter, the state Board of Pharmacy shall
be
69.11subject to the provisions of chapter 14.
69.12
new text begin (b) new text end The state Board of Pharmacy shall annually submit a report to the legislature on or
69.13before December 1 that specifies what changes the board made to the controlled substance
69.14schedules maintained by the board in Minnesota Rules, parts 6800.4210 to 6800.4250, in
69.15the preceding 12 months
new text begin . The report must also specify any orders issued by the board under new text end
69.16
new text begin this subdivisionnew text end . The report must include specific recommendations for amending the
69.17controlled substance schedules contained in subdivisions 2 to 6, so that they conform
with
69.18the controlled substance schedules maintained by the board in Minnesota Rules, parts
69.196800.4210 to 6800.4250
new text begin , and with the federal schedulesnew text end .
69.20 Sec. 3. Minnesota Statutes 2016, section 152.02, is amended by adding a subdivision to
69.21read:
69.22
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
69.23
new text begin Board of Pharmacy is subject to the provisions of chapter 14 in exercising the authority
new text end
69.24
new text begin granted by this chapter.new text end "
69.25Delete the title and insert:
69.26"A bill for an act
69.27relating to public safety; modifying certain provisions relating to courts, public
69.28safety, corrections, crime, and controlled substances; requesting reports; providing
69.29for penalties; appropriating money for public safety, courts, corrections, Guardian
69.30Ad Litem Board, Uniform Laws Commission, Board on Judicial Standards, Board
69.31of Public Defense, Sentencing Guidelines, Peace Officer Standards and Training
69.32(POST) Board, and Private Detective Board;amending Minnesota Statutes 2016,
69.33sections 2.722, subdivision 1; 3.739, subdivision 1; 13.69, subdivision 1; 152.02,
69.34subdivisions 2, 12, by adding a subdivision; 152.105; 171.015, by adding a
69.35subdivision; 241.01, subdivision 3a; 243.05, subdivision 1; 243.17, subdivision
69.361; 243.49; 244.05, subdivision 3; 244.198, by adding a subdivision; 271.21,
69.37subdivision 2; 299A.55, subdivision 2; 299A.707, subdivision 2; 299C.46,
69.38subdivision 6; 357.021, subdivision 2; 357.022; 357.42; 358.116; 480.242,
70.1subdivision 2; 484.70, subdivision 7; 484.702, by adding a subdivision; 486.05,
70.2subdivision 1; 486.06; 513.41; 518.179, subdivision 2; 549.09, subdivision 1;
70.3609.14, by adding a subdivision; 609.475; 609.48, by adding a subdivision; 609.595,
70.4subdivisions 1, 2, by adding a subdivision; 609.605, by adding a subdivision;
70.5609.74; 609.748, subdivisions 3, 3a, 4, 5, by adding subdivisions; 609.855,
70.6subdivision 2; 624.714, subdivision 17; 631.52, subdivision 2; 634.36; Laws 2009,
70.7chapter 59, article 3, section 4, subdivisions 8, as amended, 9, as amended;
70.8proposing coding for new law in Minnesota Statutes, chapters 609; 626; repealing
70.9Minnesota Statutes 2016, sections 169.685, subdivision 4; 486.05, subdivision 1a;
70.10525.112."
71.1
We request the adoption of this report and repassage of the bill.
71.2
Senate Conferees:
71.3
.....
.....
71.4
Warren Limmer
Jerry Relph
71.5
.....
.....
71.6
Mark Johnson
Bruce D. Anderson
71.7
.....
71.8
Ron Latz
71.9
House Conferees:
71.10
.....
.....
71.11
Tony Cornish
Brian Johnson
71.12
.....
.....
71.13
Nick Zerwas
Peggy Scott
71.14
.....
71.15
Debra Hilstrom