Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

HF 63

as introduced - 92nd Legislature, 2021 1st Special Session (2021 - 2021) Posted on 06/26/2021 09:15am

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14
2.15 2.16 2.17 2.18 2.19
2.20 2.21 2.22 2.23
2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 3.1 3.2
3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17
3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26

A bill for an act
relating to public safety; amending provisions relating to public defender county
program aid; amending Minnesota Statutes 2020, sections 477A.03, subdivision
2b; 611.27, subdivisions 9, 10, 11, 13, 15.

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

Section 1.

Minnesota Statutes 2020, section 477A.03, subdivision 2b, is amended to read:


Subd. 2b.

Counties.

(a) For aids payable in 2018 and 2019, the total aid payable under
section 477A.0124, subdivision 3, is $103,795,000, of which $3,000,000 shall be allocated
as required under Laws 2014, chapter 150, article 4, section 6. For aids payable in 2020,
the total aid payable under section 477A.0124, subdivision 3, is $116,795,000, of which
$3,000,000 shall be allocated as required under Laws 2014, chapter 150, article 4, section
6. For aids payable in 2021 through 2024, the total aid payable under section 477A.0124,
subdivision 3
, is $118,795,000, of which $3,000,000 shall be allocated as required under
Laws 2014, chapter 150, article 4, section 6. For aids payable in 2025 and thereafter, the
total aid payable under section 477A.0124, subdivision 3, is $115,795,000. deleted text beginEach calendar
year,
deleted text endnew text begin On or before the first installment date provided in section 477A.015, paragraph (a),new text end
$500,000 of this appropriation shall be deleted text beginretaineddeleted text endnew text begin transferred each yearnew text end by the commissioner
of revenue to deleted text beginmake reimbursements to the commissioner of management and budgetdeleted text endnew text begin the
Board of Public Defense
new text end for deleted text beginpayments madedeleted text endnew text begin the payment of servicenew text end under section 611.27.
deleted text begin The reimbursements shall be to defray the additional costs associated with court-ordered
counsel under section 611.27.
deleted text end Any deleted text beginretaineddeleted text endnew text begin transferrednew text end amounts not deleted text beginused for reimbursementdeleted text endnew text begin
expended or encumbered
new text end in anew text begin fiscalnew text end yearnew text begin shall be certified by the Board of Public Defense
to the commissioner of revenue on or before October 1 and
new text end shall be included in the next
deleted text begin distributiondeleted text endnew text begin certificationnew text end of county need aid deleted text beginthat is certified to the county auditors for the
purpose of property tax reduction for the next taxes payable year
deleted text end.

(b) For aids payable in 2018 and 2019, the total aid under section 477A.0124, subdivision
4
, is $130,873,444. For aids payable in 2020, the total aid under section 477A.0124,
subdivision 4
, is $143,873,444. For aids payable in 2021 and thereafter, the total aid under
section 477A.0124, subdivision 4, is $145,873,444. The commissioner of revenue shall
transfer to the commissioner of management and budget $207,000 annually for the cost of
preparation of local impact notes as required by section 3.987, and other local government
activities. The commissioner of revenue shall transfer to the commissioner of education
$7,000 annually for the cost of preparation of local impact notes for school districts as
required by section 3.987. The commissioner of revenue shall deduct the amounts transferred
under this paragraph from the appropriation under this paragraph. The amounts transferred
are appropriated to the commissioner of management and budget and the commissioner of
education respectively.

Sec. 2.

Minnesota Statutes 2020, section 611.27, subdivision 9, is amended to read:


Subd. 9.

Request for other appointment of counsel.

The chief district public defender
deleted text begin with the approval ofdeleted text endnew text begin may request thatnew text end the state public defender deleted text beginmay request that the chief
judge of the district court, or a district court judge designated by the chief judge,
deleted text end authorize
appointment of counsel other than the district public defender in such cases.

Sec. 3.

Minnesota Statutes 2020, section 611.27, subdivision 10, is amended to read:


Subd. 10.

Addition of permanent staff.

The chief public defender may not request deleted text beginthe
court
deleted text end nor may the deleted text begincourt orderdeleted text endnew text begin state public defender approvenew text end the addition of permanent staff
under subdivision 7.

Sec. 4.

Minnesota Statutes 2020, section 611.27, subdivision 11, is amended to read:


Subd. 11.

Appointment of counsel.

If the deleted text begincourtdeleted text endnew text begin state public defendernew text end finds that the
provision of adequate legal representation, including associated services, is beyond the
ability of the district public defender to provide, the deleted text begincourt shall orderdeleted text endnew text begin state public defender
may approve
new text end counsel to be appointed, with compensation and expenses to be paid under
the provisions of this subdivision and subdivision 7. Counsel in such cases shall be appointed
by the chief district public defender. deleted text beginIf the court issues an order denying the request, the
court shall make written findings of fact and conclusions of law. Upon denial, the chief
district public defender may immediately appeal the order denying the request to the court
of appeals and may request an expedited hearing.
deleted text end

Sec. 5.

Minnesota Statutes 2020, section 611.27, subdivision 13, is amended to read:


Subd. 13.

Correctional facility inmates.

All billings for services rendered and ordered
under subdivision 7 shall require the approval of the chief district public defender before
being forwarded deleted text beginon a monthly basisdeleted text end to the state public defender. In cases where adequate
representation cannot be provided by the district public defender and where counsel has
been deleted text beginappointed under a court orderdeleted text endnew text begin approved by the state public defendernew text end, the deleted text beginstate public
defender
deleted text endnew text begin Board of Public Defensenew text end shall deleted text beginforward to the commissioner of management and
budget
deleted text endnew text begin paynew text end all deleted text beginbillings fordeleted text end services deleted text beginrendered under the court order. The commissioner shall
pay for services
deleted text end from county program aid deleted text beginretaineddeleted text endnew text begin transferrednew text end by the commissioner of
revenue for that purpose under section 477A.03, subdivision 2b, paragraph (a).

The costs of appointed counsel and associated services in cases arising from new criminal
charges brought against indigent inmates who are incarcerated in a Minnesota state
correctional facility are the responsibility of the state Board of Public Defense. In such cases
the state public defender may follow the procedures outlined in this section for obtaining
court-ordered counsel.

Sec. 6.

Minnesota Statutes 2020, section 611.27, subdivision 15, is amended to read:


Subd. 15.

Costs of transcripts.

In appeal cases and postconviction cases where the
appellate public defender's office does not have sufficient funds to pay for transcripts and
other necessary expenses because it has spent or committed all of the transcript funds in its
annual budget, the deleted text beginstate public defender may forward to the commissioner of management
and budget all billings for transcripts and other necessary expenses. The commissioner shall
deleted text endnew text begin
Board of Public Defense may
new text end pay for these transcripts and other necessary expenses from
county program aid deleted text beginretaineddeleted text endnew text begin transferrednew text end by the commissioner of revenue for that purpose
under section 477A.03, subdivision 2b, paragraph (a).