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Minnesota Legislature

Office of the Revisor of Statutes

HF 724

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 04/10/2013 12:28pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public safety; providing that funds received for out-of-state offenders
incarcerated in Minnesota are appropriated to the Department of Corrections;
modifying certificates of compliance for public contracts; enhancing penalties
for certain repeat criminal sexual conduct offenders; appropriating money for
public safety, corrections, and human rights; amending Minnesota Statutes 2012,
sections 161.20, subdivision 3; 243.51, subdivisions 1, 3; 363A.36, subdivisions
1, 2; 609.3451, subdivision 3; 609.3455, by adding a subdivision; repealing
Minnesota Statutes 2012, section 243.51, subdivision 5.

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

Section 1. new text beginSUMMARY OF APPROPRIATIONS.
new text end

new text begin The amounts shown in this section summarize direct appropriations, by fund, made
in this article.
new text end

new text begin 2014
new text end
new text begin 2015
new text end
new text begin Total
new text end
new text begin General
new text end
new text begin $
new text end
new text begin 569,084,000
new text end
new text begin $
new text end
new text begin 575,745,000
new text end
new text begin $
new text end
new text begin 1,144,829,000
new text end
new text begin State Government Special
Revenue
new text end
new text begin 59,241,000
new text end
new text begin 63,742,000
new text end
new text begin 122,983,000
new text end
new text begin Environmental
new text end
new text begin 69,000
new text end
new text begin 69,000
new text end
new text begin 138,000
new text end
new text begin Special Revenue
new text end
new text begin 14,582,000
new text end
new text begin 14,582,000
new text end
new text begin 29,164,000
new text end
new text begin Trunk Highway
new text end
new text begin 2,266,000
new text end
new text begin 2,266,000
new text end
new text begin 4,532,000
new text end
new text begin Total
new text end
new text begin $
new text end
new text begin 645,242,000
new text end
new text begin $
new text end
new text begin 656,404,000
new text end
new text begin $
new text end
new text begin 1,301,646,000
new text end

Sec. 2. new text beginPUBLIC SAFETY APPROPRIATIONS.
new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this act. The appropriations are from the general
fund, or another named fund, and are available for the fiscal years indicated for each
purpose. The figures "2014" and "2015" used in this act mean that the appropriations
listed under them are available for the fiscal year ending June 30, 2014, or June 30, 2015,
respectively. "The first year" is fiscal year 2014. "The second year" is fiscal year 2015.
"The biennium" is fiscal years 2014 and 2015. Appropriations for the fiscal year ending
June 30, 2013, are effective the day following final enactment.
new text end

new text begin APPROPRIATIONS
new text end
new text begin Available for the Year
new text end
new text begin Ending June 30
new text end
new text begin 2014
new text end
new text begin 2015
new text end

Sec. 3. new text beginPUBLIC SAFETY
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 156,926,000
new text end
new text begin $
new text end
new text begin 161,300,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2014
new text end
new text begin 2015
new text end
new text begin General
new text end
new text begin 84,538,000
new text end
new text begin 84,411,000
new text end
new text begin Special Revenue
new text end
new text begin 10,812,000
new text end
new text begin 10,812,000
new text end
new text begin State Government
Special Revenue
new text end
new text begin 59,241,000
new text end
new text begin 63,742,000
new text end
new text begin Environmental
new text end
new text begin 69,000
new text end
new text begin 69,000
new text end
new text begin Trunk Highway
new text end
new text begin 2,266,000
new text end
new text begin 2,266,000
new text end

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

new text begin Subd. 2. new text end

new text begin Emergency Management
new text end

new text begin 3,079,000
new text end
new text begin 3,029,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 2,406,000
new text end
new text begin 2,356,000
new text end
new text begin Special Revenue
new text end
new text begin 604,000
new text end
new text begin 604,000
new text end
new text begin Environmental
new text end
new text begin 69,000
new text end
new text begin 69,000
new text end
new text begin (a) Hazmat and Chemical Assessment Teams
new text end

new text begin $604,000 each year is from the fire safety
account in the special revenue fund. These
amounts must be used to fund the hazardous
materials and chemical assessment teams.
new text end

new text begin (b) School Safety
new text end

new text begin $555,000 the first year and $505,000 the
second year from the general fund are to
reinstate the school safety center and to
provide for school safety.
new text end

new text begin Subd. 3. new text end

new text begin Criminal Apprehension
new text end

new text begin 47,518,000
new text end
new text begin 47,197,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 45,245,000
new text end
new text begin 44,924,000
new text end
new text begin State Government
Special Revenue
new text end
new text begin 7,000
new text end
new text begin 7,000
new text end
new text begin Trunk Highway
new text end
new text begin 2,266,000
new text end
new text begin 2,266,000
new text end
new text begin (a) DWI Lab Analysis; Trunk Highway Fund
new text end

new text begin $1,941,000 each year is from the trunk
highway fund for laboratory analysis related
to driving-while-impaired cases.
new text end

new text begin (b) Criminal History System
new text end

new text begin $2,980,000 the first year and $2,580,000
the second year from the general fund are
to replace the state criminal history system.
This is a onetime appropriation and is
available until expended. Of this amount,
$2,980,000 the first year and $2,580,000
the second year are for a onetime transfer
to the Office of Enterprise Technology for
start-up costs. The commissioner shall enter
a service level agreement with the Office
of Enterprise Technology specifying the
obligations and responsibilities of each party.
Payments shall be made under the rates
and mechanism specified in that agreement.
Ongoing operating and support costs for this
system shall be identified and incorporated
into future service level agreements.
new text end

new text begin The commissioner is authorized to use funds
appropriated under this paragraph for the
purposes specified in paragraph (c).
new text end

new text begin (c) Criminal Reporting System
new text end

new text begin $1,360,000 the first year and $1,360,000 the
second year from the general fund are to
replace the state's crime reporting system.
This is a onetime appropriation and is
available until expended. Of these amounts,
$1,360,000 the first year and $1,360,000
the second year are for a onetime transfer
to the Office of Enterprise Technology for
start-up costs. The commissioner shall enter
a service level agreement with the Office
of Enterprise Technology specifying the
obligations and responsibilities of each party.
Payments shall be made under the rates
and mechanism specified in that agreement.
Ongoing operating and support costs for this
system shall be identified and incorporated
into future service level agreements.
new text end

new text begin The commissioner is authorized to use funds
appropriated under this paragraph for the
purposes specified in paragraph (b).
new text end

new text begin (d) Forensic Laboratory
new text end

new text begin $125,000 the first year and $125,000 the
second year from the general fund and
$125,000 the first year and $125,000 the
second year from the trunk highway fund are
to replace forensic laboratory equipment at
the Bureau of Criminal Apprehension.
new text end

new text begin $200,000 the first year and $200,000 the
second year from the general fund and
$200,000 the first year and $200,000 the
second year from the trunk highway fund are
to improve forensic laboratory staffing at the
Bureau of Criminal Apprehension.
new text end

new text begin (e) Livescan Fingerprinting
new text end

new text begin $310,000 the first year and $389,000 the
second year from the general fund are to
maintain Livescan fingerprinting machines.
new text end

new text begin (f) Base adjustment
new text end

new text begin The Bureau of Criminal Apprehension
general fund base is increased by $3,470,000
in fiscal year 2016 and decreased by
$643,000 in fiscal year 2017.
new text end

new text begin (g) Transfer
new text end

new text begin $2,500,000 the first year and $2,500,000
the second year are transferred from the
vehicle services special revenue account to
the general fund.
new text end

new text begin Subd. 4. new text end

new text begin Fire Marshal
new text end

new text begin 9,555,000
new text end
new text begin 9,555,000
new text end

new text begin This appropriation is from the fire safety
account in the special revenue fund and is for
activities under Minnesota Statutes, section
299F.012.
new text end

new text begin Of this amount: (1) $7,187,000 each year
is for activities under Minnesota Statutes,
section 299F.012; and (2) $2,368,000 the first
year and $2,368,000 the second year are for
transfers to the general fund under Minnesota
Statutes, section 297I.06, subdivision 3.
new text end

new text begin Subd. 5. new text end

new text begin Alcohol and Gambling Enforcement
new text end

new text begin 2,235,000
new text end
new text begin 2,235,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 1,582,000
new text end
new text begin 1,582,000
new text end
new text begin Special Revenue
new text end
new text begin 653,000
new text end
new text begin 653,000
new text end

new text begin This appropriation is from the alcohol
enforcement account in the special revenue
fund. Of this appropriation, $500,000 each
year shall be transferred to the general fund.
new text end

new text begin Subd. 6. new text end

new text begin Office of Justice Programs
new text end

new text begin 35,167,000
new text end
new text begin 35,167,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 35,071,000
new text end
new text begin 35,071,000
new text end
new text begin State Government
Special Revenue
new text end
new text begin 96,000
new text end
new text begin 96,000
new text end
new text begin (a) OJP Administration Costs
new text end

new text begin Up to 2.5 percent of the grant funds
appropriated in this subdivision may be used
by the commissioner to administer the grant
program.
new text end

new text begin (b) Crime Victim Programs
new text end

new text begin $1,500,000 each year must be distributed
through an open and competitive grant
process for existing crime victim programs.
The funds must be used to meet the needs
of underserved and unserved areas and
populations.
new text end

new text begin (c) Community Offender Reentry Program
new text end

new text begin $150,000 in fiscal year 2014 and $150,000
in fiscal year 2015 from the general fund
are to the commissioner of public safety for
a grant to the community offender reentry
program for assisting individuals to transition
from incarceration to the communities in
and around Duluth, including assistance in
finding housing, employment, educational
opportunities, counseling, and other
resources. This is a onetime appropriation.
new text end

new text begin (d) Youth Intervention Programs
new text end

new text begin $461,000 each year is for youth intervention
programs under Minnesota Statutes, section
299A.73. This amount must be added to the
department's base budget for grants to youth
intervention programs.
new text end

new text begin Subd. 7. new text end

new text begin Emergency Communication Networks
new text end

new text begin 59,138,000
new text end
new text begin 63,639,000
new text end

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

new text begin (a) Public Safety Answering Points
new text end

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

new text begin (b) Medical Resource Communication Centers
new text end

new text begin $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.
new text end

new text begin (c) ARMER Debt Service
new text end

new text begin $23,261,000 each year is to the commissioner
of management and budget to pay debt
service on revenue bonds issued under
Minnesota Statutes, section 403.275.
new text end

new text begin 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.
new text end

new text begin (d) new text beginARMER State Backbone Operating Costs
new text end
new text end

new text begin $9,250,000 the first year and $9,650,00 the
second year are to the commissioner of
transportation for costs of maintaining and
operating the first and third phases of the
statewide radio system backbone.
new text end

new text begin (e) ARMER Improvements
new text end

new text begin $1,000,000 each year is to the Statewide
Radio Board for costs of design, construction,
and 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.
new text end

new text begin Subd. 8. new text end

new text begin Administration and Related Services
new text end

new text begin 234,000
new text end
new text begin 478,000
new text end

Sec. 4. new text beginPEACE OFFICER STANDARDS AND
TRAINING (POST) BOARD
new text end

new text begin $
new text end
new text begin 3,770,000
new text end
new text begin $
new text end
new text begin 3,770,000
new text end

new text begin (a) Excess Amounts Transferred
new text end

new text begin This appropriation is from the peace officer
training account in the special revenue fund.
Any new receipts credited to that account in
each year in excess of $3,770,000 must be
transferred and credited to the general fund.
new text end

new text begin (b) Peace Officer Training
Reimbursements
new text end

new text begin $2,634,000 each year is for reimbursements
to local governments for peace officer
training costs.
new text end

Sec. 5. new text beginPRIVATE DETECTIVE BOARD
new text end

new text begin $
new text end
new text begin 121,000
new text end
new text begin $
new text end
new text begin 122,000
new text end

Sec. 6. new text beginHUMAN RIGHTS
new text end

new text begin $
new text end
new text begin 3,322,000
new text end
new text begin $
new text end
new text begin 3,348,000
new text end

new text begin $129,000 each year is for increased
compliance activities.
new text end

Sec. 7. new text beginDEPARTMENT OF CORRECTIONS
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 481,103,000
new text end
new text begin $
new text end
new text begin 487,864,000
new text end

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

new text begin Subd. 2. new text end

new text begin Correctional Institutions
new text end

new text begin 345,906,000
new text end
new text begin 351,872,000
new text end
new text begin (a) Sex Offender Treatment Beds
new text end

new text begin Of this appropriation, $1,500,000 each year
is to fund additional sex offender treatment
beds and shall not be used for any other
purpose. The funds appropriated in this
paragraph are to supplement current funding
for sex offender treatment and shall not be
used to supplant current funding for sex
offender treatment.
new text end

new text begin (b) MINNCOR Transfer
new text end

new text begin Notwithstanding Minnesota Statutes, section
241.27, the commissioner of management
and budget shall transfer $1,300,000 the first
year and $1,300,000 the second year from the
Minnesota correctional industries revolving
fund to the general fund. These are onetime
transfers.
new text end

new text begin Subd. 3. new text end

new text begin Community Services
new text end

new text begin 112,953,000
new text end
new text begin 113,479,000
new text end

new text begin Subd. 4. new text end

new text begin Operations Support
new text end

new text begin 22,244,000
new text end
new text begin 22,513,000
new text end

Sec. 8.

Minnesota Statutes 2012, section 161.20, subdivision 3, is amended to read:


Subd. 3.

Trunk highway fund appropriations.

The commissioner may expend
trunk highway funds only for trunk highway purposes. Payment of expenses related
to deleted text beginBureau of Criminal Apprehension laboratory,deleted text end Explore Minnesota Tourism kiosks,
Minnesota Safety Council, deleted text begintort claims,deleted text end driver education programs, Emergency Medical
Services Board, Mississippi River Parkway Commission, and personnel costs incurred on
behalf of the Governor's Office do not further a highway purpose and do not aid in the
construction, improvement, or maintenance of the highway system.

Sec. 9.

Minnesota Statutes 2012, section 243.51, subdivision 1, is amended to read:


Subdivision 1.

Contracting with other states and federal government.

The
commissioner of corrections is hereby authorized to contract with agencies and bureaus of
the United States and with the proper officials of other states or a county of this state for
the custody, care, subsistence, education, treatment and training of persons convicted of
criminal offenses constituting felonies in the courts of this state, the United States, or other
states of the United States. deleted text beginSuchdeleted text endnew text begin Thenew text end contracts shall provide for reimbursing the state of
Minnesota for all costs or other expenses involved, and, to the extent possible, require
payment to the Department of Corrections of a per diem amount that is substantially equal
to or greater than the per diem for the cost of housing Minnesota inmates at the same
facility. This per diem cost shall be based on the assumption that the facility is at or
near capacity. new text beginFunds received under the contracts shall be deposited in the state treasury
and are appropriated to the commissioner of corrections for correctional purposes.
new text endAny
prisoner transferred to the state of Minnesota pursuant to this subdivision shall be subject
to the terms and conditions of the prisoner's original sentence as if the prisoner were
serving the same within the confines of the state in which the conviction and sentence was
had or in the custody of the United States. Nothing herein shall deprive deleted text beginsuchdeleted text endnew text begin thenew text end inmate of
the right to parole or the rights to legal process in the courts of this state.

Sec. 10.

Minnesota Statutes 2012, section 243.51, subdivision 3, is amended to read:


Subd. 3.

Temporary detention.

The commissioner of corrections is authorized to
contract with agencies and bureaus of the United States and with the appropriate officials
of any other state or county of this state for the temporary detention of any person in
custody pursuant to any process issued under the authority of the United States, other
states of the United States, or the district courts of this state. The contract shall provide for
reimbursement to the state of Minnesota for all costs and expenses involved, and, to the
extent possible, require payment to the Department of Corrections of a per diem amount
that is substantially equal to or greater than the per diem for the cost of housing Minnesota
inmates at the same facility. This per diem cost shall be based on the assumption that the
facility is at or near capacity.new text begin Funds received under the contracts shall be deposited in the
state treasury and are appropriated to the commissioner of corrections for correctional
purposes.
new text end

Sec. 11.

Minnesota Statutes 2012, section 363A.36, subdivision 1, is amended to read:


Subdivision 1.

Scope of application.

(a) For all contracts for goods and services in
excess of $100,000, no department or agency of the state shall accept any bid or proposal
for a contract or agreement from any business having more than 40 full-time employees
within this state on a single working day during the previous 12 months, unless the
commissioner is in receipt of the business' affirmative action plan for the employment of
minority persons, women, and qualified disabled individuals. No department or agency of
the state shall execute any such contract or agreement until the affirmative action plan
has been approved by the commissioner. Receipt of a certificate of compliance issued by
the commissioner shall signify that a firm or business has an affirmative action plan that
has been approved by the commissioner. A certificate shall be valid for a period of deleted text begintwo
deleted text endnew text begin fournew text end years. A municipality as defined in section 466.01, subdivision 1, that receives state
money for any reason is encouraged to prepare and implement an affirmative action plan
for the employment of minority persons, women, and the qualified disabled and submit the
plan to the commissioner.

(b) This paragraph applies to a contract for goods or services in excess of $100,000
to be entered into between a department or agency of the state and a business that is
not subject to paragraph (a), but that has more than 40 full-time employees on a single
working day during the previous 12 months in the state where the business has its primary
place of business. A department or agency of the state may not execute a contract or
agreement with a business covered by this paragraph unless the business has a certificate
of compliance issued by the commissioner under paragraph (a) or the business certifies
that it is in compliance with federal affirmative action requirements.

(c) This section does not apply to contracts entered into by the State Board of
Investment for investment options under section 352.965, subdivision 4.

Sec. 12.

Minnesota Statutes 2012, section 363A.36, subdivision 2, is amended to read:


Subd. 2.

Filing fee; account; appropriation.

The commissioner shall collect
a deleted text begin$75deleted text endnew text begin $150new text end fee for each certificate of compliance issued by the commissioner or the
commissioner's designated agent. The proceeds of the fee must be deposited in a
human rights fee special revenue account. Money in the account is appropriated to the
commissioner to fund the cost of issuing certificates and investigating grievances.

Sec. 13.

Minnesota Statutes 2012, section 609.3451, subdivision 3, is amended to read:


Subd. 3.

Felony.

A person is guilty of a felony and may be sentenced to imprisonment
for not more than five years or to payment of a fine of not more than $10,000, or both,
if the person violates deleted text beginsubdivision 1, clause (2)deleted text endnew text begin this sectionnew text end, after having been previously
convicted of or adjudicated delinquent for violating deleted text beginsubdivision 1, clause (2)deleted text endnew text begin this sectionnew text end;
deleted text beginsectiondeleted text endnew text begin sections 609.342 to 609.345; 609.3453; 609.352;new text end 617.23, subdivision 2deleted text begin, clause (1)
deleted text endnew text begin or 3new text end; new text begin617.246; or 617.247; new text endor a statute from another state in conformity deleted text beginwith subdivision 1,
clause (2), or section 617.23, subdivision 2, clause (1)
deleted text endnew text begin with any of those sectionsnew text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013, and applies to crimes
committed on or after that date.
new text end

Sec. 14.

Minnesota Statutes 2012, section 609.3455, is amended by adding a
subdivision to read:


new text begin Subd. 10. new text end

new text begin Presumptive executed sentence for repeat sex offenders. new text end

new text begin Except as
provided in subdivision 2, 3, 3a, or 4, if a person is convicted under sections 609.342 to
609.345 or 609.3453 within 15 years of a previous sex offense conviction, the court shall
commit the defendant to the commissioner of corrections for not less than three years, nor
more than the maximum sentence provided by law for the offense for which convicted,
notwithstanding sections 242.19, 243.05, 609.11, 609.12, and 609.135. The court may
stay the execution of the sentence imposed under this subdivision only if it finds that a
professional assessment indicates the offender is accepted by and can respond to treatment
at a long-term inpatient program exclusively treating sex offenders and approved by the
commissioner of corrections. If the court stays the execution of a sentence, it shall include
the following as conditions of probation:
new text end

new text begin (1) incarceration in a local jail or workhouse; and
new text end

new text begin (2) a requirement that the offender successfully complete the treatment program and
aftercare as directed by the court.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013, and applies to all
crimes committed on or after that date.
new text end

Sec. 15. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 243.51, subdivision 5, new text end new text begin is repealed.
new text end