HF 1279

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:47am

A bill for an act
relating to public safety; requiring annual appropriation of money in Bureau
of Criminal Apprehension account to commissioner of public safety; revising
employment positions covered by correctional state employees retirement
plan of the Minnesota State Retirement System; modifying the vesting period
for a retirement annuity for the correctional state employees retirement plan;
permitting a service credit transfer to the general state employees retirement
plan by certain correctional employees; appropriating money for the courts,
public defenders, public safety, corrections, and other criminal justice agencies;
amending Minnesota Statutes 2008, sections 171.29, subdivision 2; 352.72,
subdivision 1; 352.90; 352.91, subdivisions 1, 3h; 352.93, subdivisions 1, 2a,
4, by adding a subdivision; 356.30, subdivision 1; repealing Minnesota Statutes
2008, section 352.91, subdivisions 2, 2a, 3c, 3d, 3e, 3f, 3g, 3i, 4a, 4b, 5.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

APPROPRIATION

Section 1. SUMMARY OF APPROPRIATIONS.

The amounts shown in this section summarize direct appropriations, by fund, made
in this article.

		2010		2011		Total
General	$	915,917,000	$	926,520,000	$	1,842,437,000
State Government Special Revenue		58,142,000		63,846,000		121,988,000
Environmental Fund		69,000		69,000		138,000
Special Revenue Fund		14,121,000		14,121,000		28,242,000
Trunk Highway		1,941,000		1,941,000		3,882,000
Total	$	990,190,000	$	1,006,497,000	$	1,996,687,000

Sec. 2. PUBLIC SAFETY APPROPRIATIONS.

The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated
for each purpose. The figures "2010" and "2011" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June 30, 2010, or
June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal
year 2011. "The biennium" is fiscal years 2010 and 2011. Appropriations for the fiscal
year ending June 30, 2009, are effective the day following final enactment.

			APPROPRIATIONS
			Available for the Year
			Ending June 30
				2010		2011

Sec. 3. SUPREME COURT

Subdivision 1. Total Appropriation

$

41,792,000

$

41,792,000

The amounts that may be spent for each
purpose are specified in the following
subdivisions.

Subd. 2. Supreme Court Operations

30,193,000

30,193,000

Subd. 3. Civil Legal Services

11,599,000

11,599,000

Sec. 4. COURT OF APPEALS

$

9,852,000

$

9,852,000

Sec. 5. TRIAL COURTS

$

241,340,000

$

243,266,000

Sec. 6. TAX COURT

$

825,000

$

825,000

Sec. 7. UNIFORM LAWS COMMISSION

$

52,000

$

52,000

Sec. 8. BOARD ON JUDICIAL STANDARDS

$

460,000

$

460,000

$125,000 each year is for special
investigative and hearing costs for major
disciplinary actions undertaken by the
board. This appropriation does not cancel.
Any encumbered and unspent balances
remain available for these expenditures in
subsequent fiscal years.

Sec. 9. BOARD OF PUBLIC DEFENSE

$

64,627,000

$

64,627,000

Sec. 10. PUBLIC SAFETY

Subdivision 1. Total Appropriation

$

152,367,000

$

158,071,000

Appropriations by Fund
	2010	2011
General	83,312,000	83,312,000
Special Revenue	8,903,000	8,903,000
State Government Special Revenue	58,142,000	63,846,000
Environmental	69,000	69,000
Trunk Highway	1,941,000	1,941,000

The amounts that may be spent for each
purpose are specified in the following
subdivisions.

Subd. 2. Emergency Management

2,583,000

2,583,000

Appropriations by Fund
General	2,514,000	2,514,000
Environmental	69,000	69,000

Subd. 3. Criminal Apprehension

43,863,000

43,863,000

Appropriations by Fund
General	41,915,000	41,915,000
Special Revenue	0	0
State Government Special Revenue	7,000	7,000
Trunk Highway	1,941,000	1,941,000

DWI Lab Analysis; Trunk Highway Fund

Notwithstanding Minnesota Statutes, section
161.20, subdivision 3, $1,941,000 each year
is appropriated from the trunk highway
fund for laboratory analysis related to
driving-while-impaired cases.

Subd. 4. Fire Marshal

8,000,000

8,000,000

This appropriation is from the fire safety
account in the special revenue fund.

Of this amount, $5,732,000 each year is for
activities under Minnesota Statutes, section
299F.012, and $2,268,000 each year is for
transfer to the general fund under Minnesota
Statutes, section 297I.06, subdivision 3.

Subd. 5. Alcohol and Gambling Enforcement

2,588,000

2,588,000

Appropriations by Fund
General	1,685,000	1,685,000
Special Revenue	903,000	903,000

This appropriation is from the alcohol
enforcement account in the special revenue
fund. Of this appropriation, $750,000 each
year shall be transferred to the general fund.
The transfer amount for fiscal year 2012 and
fiscal year 2013 shall be $500,000 per year.

Subd. 6. Office of Justice Programs

37,294,000

37,294,000

Appropriations by Fund
General	37,198,000	37,198,000
State Government Special Revenue	96,000	96,000

Administration Costs

Up to 2.5 percent of the grant funds
appropriated in this subdivision may be used
to administer the grant program.

Subd. 7. 911 Emergency Services/ARMER

58,039,000

63,743,000

This appropriation is from the state
government special revenue fund for 911
emergency telecommunications services.

(a) Public Safety Answering Points

$13,664,000 each year is to be distributed
as provided in Minnesota Statutes, section
403.113, subdivision 2.

(b) Medical Resource Communication Centers

$683,000 each year is for grants to the
Minnesota Emergency Medical Services
Regulatory Board for the Metro East
and Metro West Medical Resource
Communication Centers that were in
operation before January 1, 2000.

(c) ARMER Debt Service

$17,557,000 the first year and $23,261,000
the second year are to the commissioner of
finance to pay debt service on revenue bonds
issued under Minnesota Statutes, section
403.275.

Any portion of this appropriation not needed
to pay debt service in a fiscal year may be
used by the commissioner of public safety to
pay cash for any of the capital improvements
for which bond proceeds were appropriated
by Laws 2005, chapter 136, article 1, section
9, subdivision 8; or Laws 2007, chapter 54,
article 1, section 10, subdivision 8.

(d) Metropolitan Council Debt Service

$1,410,000 each year is to the commissioner
of finance for payment to the Metropolitan
Council for debt service on bonds issued
under Minnesota Statutes, section 403.27.

(e) ARMER State Backbone Operating Costs

$5,060,000 each year is to the commissioner
of transportation for costs of maintaining and
operating the first and third phases of the
statewide radio system backbone.

(f) ARMER Improvements

$1,000,000 each year is for the Statewide
Radio Board for costs of design, construction,
maintenance of, and improvements to those
elements of the statewide public safety
radio and communication system that
support mutual aid communications and
emergency medical services or provide
interim enhancement of public safety
communication interoperability in those
areas of the state where the statewide public
safety radio and communication system is
not yet implemented.

Sec. 11. PEACE OFFICER STANDARDS AND TRAINING BOARD (POST)

$

4,328,000

$

4,328,000

(a) Excess Amounts Transferred

This appropriation is from the peace officer
training account in the special revenue fund.
Any new receipts credited to that account in
the first year in excess of $4,328,000 must be
transferred and credited to the general fund.
Any new receipts credited to that account in
the second year in excess of $4,328,000 must
be transferred and credited to the general
fund.

(b) Peace Officer Training
Reimbursements

$3,159,000 each year is for reimbursements
to local governments for peace officer
training costs.

Sec. 12. PRIVATE DETECTIVE BOARD

$

125,000

$

125,000

Sec. 13. HUMAN RIGHTS

$

3,226,000

$

3,226,000

Sec. 14. DEPARTMENT OF CORRECTIONS

Subdivision 1. Total Appropriation

$

470,617,000

$

479,294,000

Appropriations by Fund
	2010	2011
General	469,727,000	478,404,000
Special Revenue	890,000	890,000

The amounts that may be spent for each
purpose are specified in the following
subdivisions.

Subd. 2. Correctional Institutions

332,265,000

339,974,000

Appropriations by Fund
General	331,685,000	339,394,000
Special Revenue	580,000	580,000

Subd. 3. Community services

115,689,000

116,357,000

Appropriations by Fund
General	115,589,000	116,257,000
Special Revenue	100,000	100,000

$1,607,000 each year is for the costs
associated with the housing and care of
short-term offenders. The commissioner may
use up to 20 percent of the total amount of the
appropriation for inpatient medical care for
short-term offenders. All funds remaining at
the end of the fiscal year not expended for
inpatient medical care shall be added to and
distributed with the housing funds. These
funds shall be distributed proportionately
based on the total number of days short-term
offenders are placed locally, not to exceed
$55 per day.

The Department of Corrections is exempt
from the state contracting process for the
purposes of paying short-term offender
costs relating to Minnesota Statutes, section
609.105.

Subd. 4. Operations Support

22,683,000

22,963,000

Appropriations by Fund
General	22,453,000	22,753,000
Special Revenue	210,000	210,000

Sec. 15. SENTENCING GUIDELINES

$

579,000

$

579,000

ARTICLE 2

GENERAL PROVISIONS

Section 1.

Minnesota Statutes 2008, section 171.29, subdivision 2, is amended to read:

Subd. 2.

Reinstatement fees and surcharges allocated and appropriated.

(a)
An individual whose driver's license has been revoked as provided in subdivision 1,
except under section 169A.52, 169A.54, or 609.21, must pay a $30 fee before the driver's
license is reinstated.

(b) A person whose driver's license has been revoked as provided in subdivision 1
under section 169A.52, 169A.54, or 609.21, must pay a $250 fee plus a $430 surcharge
before the driver's license is reinstated, except as provided in paragraph (f). The $250
fee is to be credited as follows:

(1) Twenty percent must be credited to the driver services operating account in the
special revenue fund as specified in section 299A.705.

(2) Sixty-seven percent must be credited to the general fund.

(3) Eight percent must be credited to a separate account to be known as the Bureau of
Criminal Apprehension account. Money in this account may be is annually appropriated
to the commissioner of public safety and the appropriated amount must be apportioned
80 percent for laboratory costs and 20 percent for carrying out the provisions of section
299C.065.

(4) Five percent must be credited to a separate account to be known as the vehicle
forfeiture account, which is created in the special revenue fund. The money in the account
is annually appropriated to the commissioner for costs of handling vehicle forfeitures.

(c) The revenue from $50 of the surcharge must be credited to a separate account
to be known as the traumatic brain injury and spinal cord injury account. The revenue
from $50 of the surcharge on a reinstatement under paragraph (f) is credited from the
first installment payment to the traumatic brain injury and spinal cord injury account.
The money in the account is annually appropriated to the commissioner of health to be
used as follows: 83 percent for contracts with a qualified community-based organization
to provide information, resources, and support to assist persons with traumatic brain
injury and their families to access services, and 17 percent to maintain the traumatic
brain injury and spinal cord injury registry created in section 144.662. For the purposes
of this paragraph, a "qualified community-based organization" is a private, not-for-profit
organization of consumers of traumatic brain injury services and their family members.
The organization must be registered with the United States Internal Revenue Service under
section 501(c)(3) as a tax-exempt organization and must have as its purposes:

(1) the promotion of public, family, survivor, and professional awareness of the
incidence and consequences of traumatic brain injury;

(2) the provision of a network of support for persons with traumatic brain injury,
their families, and friends;

(3) the development and support of programs and services to prevent traumatic
brain injury;

(4) the establishment of education programs for persons with traumatic brain injury;
and

(5) the empowerment of persons with traumatic brain injury through participation
in its governance.

A patient's name, identifying information, or identifiable medical data must not be
disclosed to the organization without the informed voluntary written consent of the patient
or patient's guardian or, if the patient is a minor, of the parent or guardian of the patient.

(d) The remainder of the surcharge must be credited to a separate account to be
known as the remote electronic alcohol-monitoring program account. The commissioner
shall transfer the balance of this account to the commissioner of finance on a monthly
basis for deposit in the general fund.

(e) When these fees are collected by a licensing agent, appointed under section
171.061, a handling charge is imposed in the amount specified under section 171.061,
subdivision 4. The reinstatement fees and surcharge must be deposited in an approved
depository as directed under section 171.061, subdivision 4.

(f) A person whose driver's license has been revoked as provided in subdivision
1 under section 169A.52 or 169A.54 and who the court certifies as being financially
eligible for a public defender under section 611.17, may choose to pay 50 percent and
an additional $25 of the total amount of the surcharge and 50 percent of the fee required
under paragraph (b) to reinstate the person's driver's license, provided the person meets all
other requirements of reinstatement. If a person chooses to pay 50 percent of the total and
an additional $25, the driver's license must expire after two years. The person must pay an
additional 50 percent less $25 of the total to extend the license for an additional two years,
provided the person is otherwise still eligible for the license. After this final payment of
the surcharge and fee, the license may be renewed on a standard schedule, as provided
under section 171.27. A handling charge may be imposed for each installment payment.
Revenue from the handling charge is credited to the driver services operating account in
the special revenue fund and is appropriated to the commissioner.

(g) Any person making installment payments under paragraph (f), whose driver's
license subsequently expires, or is canceled, revoked, or suspended before payment of
100 percent of the surcharge and fee, must pay the outstanding balance due for the initial
reinstatement before the driver's license is subsequently reinstated. Upon payment of
the outstanding balance due for the initial reinstatement, the person may pay any new
surcharge and fee imposed under paragraph (b) in installment payments as provided
under paragraph (f).

ARTICLE 3

CORRECTIONAL STATE EMPLOYEES RETIREMENT PLAN I

Section 1.

Minnesota Statutes 2008, section 352.90, is amended to read:

352.90 POLICY.

It is the policy of the legislature to provide special retirement benefits for and special
contributions by certain correctional employees who may be required to retire at an early
age because they lose the mental or physical capacity required to maintain the safety,
security, discipline, and custody of inmates at state correctional facilities or, of patients at
the Minnesota Security Hospital, or of patients in the Minnesota sex offender program, or
of patients in the Minnesota extended treatment options program.

Sec. 2.

Minnesota Statutes 2008, section 352.91, subdivision 1, is amended to read:

Subdivision 1.

Qualifying jobs.

"Covered correctional service" means service
performed by a state employee, as defined in section 352.01, who is employed at a state
correctional facility, the Minnesota Security Hospital, or the Minnesota sex offender
program as:

(1) a corrections officer 1;

(2) a corrections officer 2;

(3) a corrections officer 3;

(4) a corrections officer supervisor;

(5) (4) a corrections lieutenant;

(6) (5) a corrections captain;

(7) (6) a security counselor;

(8) (7) a security counselor lead; or

(9) (8) a corrections canine officer.;

(9) group supervisor; or

(10) group supervisor assistant.

Sec. 3.

Minnesota Statutes 2008, section 352.91, subdivision 3h, is amended to read:

Subd. 3h.

Employment occupation name changes.

(a) If the occupational title of a
state employee covered by the Minnesota correctional employees retirement plan changes
from the applicable title listed in subdivision 1, 2, 2a, 3c, 3d, 3e, 3f, or 3g, qualification for
coverage by the correctional state employees retirement plan continues until the July 1
next following the title change if the commissioner of finance certifies to the executive
director of the Minnesota State Retirement System and to the executive director of the
Legislative Commission on Pensions and Retirement that the duties, requirements, and
responsibilities of the new occupational title are substantially identical to the duties,
requirements, and responsibilities of the prior occupational title.

(b) If the commissioner of finance does not certify a new occupational title under
paragraph (a), eligibility for future correctional state employees retirement coverage
terminates as of the start of the first payroll period next following the effective date of the
occupational title change.

(c) For consideration by the Legislative Commission on Pensions and Retirement
during the legislative session next following an occupational title change involving a state
employee in covered correctional service, the commissioner of finance shall submit the
applicable draft proposed legislation reflecting the occupational title change covered
by this section.

Sec. 4. REPEALER.

Minnesota Statutes 2008, section 352.91, subdivisions 2, 2a, 3c, 3d, 3e, 3f, 3g, 3i,
4a, 4b, and 5, are repealed.

Sec. 5. EFFECTIVE DATE.

Sections 1 to 4 are effective July 1, 2009.

ARTICLE 4

CORRECTIONAL EMPLOYEES RETIREMENT PLAN II

Section 1.

Minnesota Statutes 2008, section 352.72, subdivision 1, is amended to read:

Subdivision 1.

Entitlement to annuity.

(a) Except as provided in paragraph (b), any
person who has been an employee covered by a retirement system listed in paragraph (b)
(c) is entitled when qualified to an annuity from each fund if total allowable service in all
funds or in any two of these funds totals three or more years.

(b) If the combination of retirement plans includes the correctional state employees
retirement plan of the Minnesota State Retirement System, no retirement annuity is
payable from the correctional state employees retirement plan unless the person has credit
for at least ten years of covered correctional service under section 352.91, although any
covered correctional service may be used to establish eligibility for an annuity from
another retirement plan and a service credit transfer under section 352.93, subdivision
4a, may be elected.

(c) This section applies to the Minnesota State Retirement System, the Public
Employees Retirement Association including the Public Employees Retirement
Association police and fire fund, the Teachers Retirement Association, the State Patrol
Retirement Association, or any other public employee retirement system in the state with
a similar provision, except as noted in paragraph (c) (d).

(c) (d) This section does not apply to other funds providing benefits for police
officers or firefighters under chapter 423A, 423B, or 424A.

(d) (e) No portion of the allowable service upon which the retirement annuity from
one fund is based shall be again used in the computation for benefits from another fund.
No refund may have been taken from any one of these funds since service entitling the
employee to coverage under the system or the employee's membership in any of the
associations last terminated. The annuity from each fund must be determined by the
appropriate provisions of the law except that the requirement that a person must have at
least three years allowable service in the respective system or association does not apply
for the purposes of this section if the combined service in two or more of these funds
equals three or more years.

Sec. 2.

Minnesota Statutes 2008, section 352.93, subdivision 1, is amended to read:

Subdivision 1.

Basis of annuity; when to apply.

After separation from state
service, an employee covered under section 352.91 who has reached age 55 years and
has credit for at least three ten years of covered correctional service or a combination
of covered correctional service and general employees state retirement plan service is
entitled upon application to a retirement annuity under this section, based only on covered
correctional employees' service. Application may be made no earlier than 60 days before
the date the employee is eligible to retire by reason of both age and service requirements.

Sec. 3.

Minnesota Statutes 2008, section 352.93, subdivision 2a, is amended to read:

Subd. 2a.

Early retirement.

Any covered correctional employee who becomes at
least 50 years old and who has at least three ten years of allowable covered correctional
service is entitled upon application to a reduced retirement annuity equal to the annuity
calculated under subdivision 2, reduced by two-tenths of one percent for each month that
the correctional employee is under age 55 at the time of retirement.

Sec. 4.

Minnesota Statutes 2008, section 352.93, subdivision 4, is amended to read:

Subd. 4.

Employee with regular and correctional service.

A former employee
who has both regular and correctional service shall, if the employee has at least ten years
of covered correctional service and is otherwise qualified, receive an annuity based on
both periods of service under applicable sections of law but no period of service shall be
used more than once in calculating the annuity.

Sec. 5.

Minnesota Statutes 2008, section 352.93, is amended by adding a subdivision
to read:

Subd. 4a.

Service credit transfer and partial refund in certain instances.

An
employee covered under section 352.91 who has reached the age of 55 years and who has
credit for less than ten years of covered correctional service may, upon written application,
have that covered correctional service credited as allowable service credit in the general
state employees retirement plan and used to calculate a retirement annuity under sections
352.115 and 352.116, and receive, 30 days following retirement, a refund of that portion
of employee contributions during covered correctional service under section 352.92,
subdivision 1, that exceeds the employee contributions required under the general state
employees retirement plan under section 352.04, subdivision 2, for the same period, plus
annual compound interest on the partial refund amount from the date of each contribution
until the date of refund payment at the rate of six percent.

Sec. 6.

Minnesota Statutes 2008, section 356.30, subdivision 1, is amended to read:

Subdivision 1.

Eligibility; computation of annuity.

(a) Notwithstanding any
provisions of the laws governing the retirement plans enumerated in subdivision 3, a
person who has met the qualifications of paragraph (b) may elect to receive a retirement
annuity from each enumerated retirement plan, other than the correctional state employees
retirement plan of the Minnesota State Retirement System, in which the person has at least
one-half year of allowable service, based on the allowable service in each plan, subject to
the provisions of paragraph (c).

(b) A person may receive, upon retirement, a retirement annuity from each
enumerated retirement plan, other than the correctional state employees retirement plan of
the Minnesota State Retirement System, in which the person has at least one-half year of
allowable service, and augmentation of a deferred annuity calculated at the appropriate
rate under the laws governing each public pension plan or fund named in subdivision 3,
based on the date of the person's initial entry into public employment from the date the
person terminated all public service if:

(1) the person has allowable service totaling an amount that allows the person to
receive an annuity in any two or more of the enumerated plans; and

(2) the person has not begun to receive an annuity from any enumerated plan or the
person has made application for benefits from each applicable plan and the effective
dates of the retirement annuity with each plan under which the person chooses to receive
an annuity are within a one-year period.

(c) The retirement annuity from each plan must be based upon the allowable service,
accrual rates, and average salary in the applicable plan except as further specified or
modified in the following clauses:

(1) the laws governing annuities must be the law in effect on the date of termination
from the last period of public service under a covered retirement plan with which the
person earned a minimum of one-half year of allowable service credit during that
employment;

(2) the "average salary" on which the annuity from each covered plan in which
the employee has credit in a formula plan must be based on the employee's highest five
successive years of covered salary during the entire service in covered plans;

(3) the accrual rates to be used by each plan must be those percentages prescribed by
each plan's formula as continued for the respective years of allowable service from one
plan to the next, recognizing all previous allowable service with the other covered plans;

(4) the allowable service in all the plans must be combined in determining eligibility
for and the application of each plan's provisions in respect to reduction in the annuity
amount for retirement prior to normal retirement age; and

(5) the annuity amount payable for any allowable service under a nonformula plan
of a covered plan must not be affected, but such service and covered salary must be used
in the above calculation.; and

(6) for a person who was a member of the correctional state employees retirement
plan, the person must have at least ten years of covered correctional service under section
352.91 in order to receive a retirement annuity from that plan, but may apply for a service
credit transfer and partial refund under section 352.93, subdivision 4a.

(d) This section does not apply to any person whose final termination from the last
public service under a covered plan was before May 1, 1975.

(e) For the purpose of computing annuities under this section, the accrual rates
used by any covered plan, except the public employees police and fire plan, the judges
retirement fund, and the State Patrol retirement plan, must not exceed the percent specified
in section 356.315, subdivision 4, per year of service for any year of service or fraction
thereof. The formula percentage used by the judges retirement fund must not exceed the
percentage rate specified in section 356.315, subdivision 8, per year of service for any
year of service or fraction thereof. The accrual rate used by the public employees police
and fire plan and the State Patrol retirement plan must not exceed the percentage rate
specified in section 356.315, subdivision 6, per year of service for any year of service or
fraction thereof. The accrual rate or rates used by the legislators retirement plan must not
exceed 2.5 percent, but this limit does not apply to the adjustment provided under section
3A.02, subdivision 1, paragraph (c).

(f) Any period of time for which a person has credit in more than one of the covered
plans must be used only once for the purpose of determining total allowable service.

(g) If the period of duplicated service credit is more than one-half year, or the person
has credit for more than one-half year, with each of the plans, each plan must apply its
formula to a prorated service credit for the period of duplicated service based on a fraction
of the salary on which deductions were paid to that fund for the period divided by the total
salary on which deductions were paid to all plans for the period.

(h) If the period of duplicated service credit is less than one-half year, or when
added to other service credit with that plan is less than one-half year, the service credit
must be ignored and a refund of contributions made to the person in accord with that
plan's refund provisions.

Sec. 7. EFFECTIVE DATE.

Sections 1 to 6 are effective July 1, 2009.