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Capital IconMinnesota Legislature

HF 896

as introduced - 90th Legislature (2017 - 2018) Posted on 03/29/2017 12:36pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public safety; modifying certain provisions relating to courts, public
safety, firefighters, corrections, crime, disaster assistance, and controlled substances;
requesting reports; providing for penalties; appropriating money for public safety,
courts, corrections, Guardian Ad Litem Board, Uniform Laws Commission, Board
on Judicial Standards, Board of Public Defense, Sentencing Guidelines, Peace
Officer Standards and Training (POST) Board, Private Detective Board, and Human
Rights; amending Minnesota Statutes 2016, sections 13.02, subdivision 17; 271.06,
subdivision 6; 271.21, subdivision 2; 299A.55, subdivisions 2, 4; 364.01; 504B.173,
subdivisions 1, 3; proposing coding for new law in Minnesota Statutes, chapters
271; 364.

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

ARTICLE 1

APPROPRIATIONS

Section 1. new text beginAPPROPRIATIONS.
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 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 "2018" and "2019" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2018, or June 30, 2019, respectively.
"The first year" is fiscal year 2018. "The second year" is fiscal year 2019. "The biennium"
is fiscal years 2018 and 2019. Appropriations for the fiscal year ending June 30, 2017, 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 2017
new text end
new text begin 2018
new text end
new text begin 2019
new text end

Sec. 2. new text beginSUPREME COURT
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 54,166,000
new text end
new text begin $
new text end
new text begin 55,951,000
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 Supreme Court Operations
new text end

new text begin 39,049,000
new text end
new text begin 40,834,000
new text end

new text begin Information Security and Risk
Management
new text end

new text begin $984,000 each year is for an information
security and risk management program.
new text end

new text begin Subd. 3. new text end

new text begin Civil Legal Services
new text end

new text begin 15,117,000
new text end
new text begin 15,117,000
new text end

new text begin Legal Services to Low-Income Clients in
Family Law Matters
new text end

new text begin $948,000 each year is to improve the access
of low-income clients to legal representation
in family law matters. This appropriation must
be distributed under Minnesota Statutes,
section 480.242, to the qualified legal services
program described in Minnesota Statutes,
section 480.242, subdivision 2, paragraph (a).
Any unencumbered balance remaining in the
first year does not cancel and is available in
the second year.
new text end

Sec. 3. new text beginCOURT OF APPEALS
new text end

new text begin $
new text end
new text begin 12,464,000
new text end
new text begin $
new text end
new text begin 12,877,000
new text end

Sec. 4. new text beginDISTRICT COURTS
new text end

new text begin $
new text end
new text begin 294,500,000
new text end
new text begin $
new text end
new text begin 304,662,000
new text end

new text begin Subdivision 1. new text end

new text begin Treatment Courts Stability
new text end

new text begin $1,689,000 each year is for treatment courts
stability.
new text end

new text begin Subd. 2. new text end

new text begin New Trial Judges
new text end

new text begin $884,000 the first year and $818,000 the
second year are for two new trial court judge
units.
new text end

Sec. 5. new text beginGUARDIAN AD LITEM BOARD
new text end

new text begin $
new text end
new text begin 17,651,000
new text end
new text begin $
new text end
new text begin 18,417,000
new text end

new text begin Compliance Positions
new text end

new text begin $734,000 the first year and $767,000 the
second year are for ten new positions to
maintain compliance with federal and state
mandates.
new text end

Sec. 6. new text beginTAX COURT
new text end

new text begin $
new text end
new text begin 2,008,000
new text end
new text begin $
new text end
new text begin 1,820,000
new text end

new text begin Base Appropriation
new text end

new text begin The base appropriation for the Tax Court shall
be $1,866,000 in fiscal year 2020 and
$1,866,000 in fiscal year 2021.
new text end

Sec. 7. new text beginUNIFORM LAWS COMMISSION
new text end

new text begin $
new text end
new text begin 93,000
new text end
new text begin $
new text end
new text begin 93,000
new text end

Sec. 8. new text beginBOARD ON JUDICIAL STANDARDS
new text end

new text begin $
new text end
new text begin 531,000
new text end
new text begin $
new text end
new text begin 496,000
new text end

new text begin Subdivision 1. new text end

new text begin Severance Costs
new text end

new text begin $45,000 the first year is for anticipated
severance costs for the executive secretary's
retirement. This is a onetime appropriation.
new text end

new text begin Subd. 2. new text end

new text begin Major Disciplinary Actions
new text end

new text begin $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
unencumbered and unspent balances remain
available for these expenditures until June 30,
2021.
new text end

Sec. 9. new text beginBOARD OF PUBLIC DEFENSE
new text end

new text begin $
new text end
new text begin 89,162,000
new text end
new text begin $
new text end
new text begin 95,229,000
new text end

Sec. 10. new text beginSENTENCING GUIDELINES
new text end

new text begin $
new text end
new text begin 658,000
new text end
new text begin $
new text end
new text begin 675,000
new text end

Sec. 11. 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 212,928,000
new text end
new text begin $
new text end
new text begin 194,237,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2018
new text end
new text begin 2019
new text end
new text begin General
new text end
new text begin 122,007,000
new text end
new text begin 103,097,000
new text end
new text begin Special Revenue
new text end
new text begin 11,185,000
new text end
new text begin 11,325,000
new text end
new text begin State Government
Special Revenue
new text end
new text begin 103,000
new text end
new text begin 103,000
new text end
new text begin Environmental
new text end
new text begin 72,000
new text end
new text begin 72,000
new text end
new text begin Trunk Highway
new text end
new text begin 2,374,000
new text end
new text begin 2,419,000
new text end
new text begin 911 Fund
new text end
new text begin 77,187,000
new text end
new text begin 77,221,000
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 23,565,000
new text end
new text begin 3,632,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 22,643,000
new text end
new text begin 2,710,000
new text end
new text begin Environmental
new text end
new text begin 72,000
new text end
new text begin 72,000
new text end
new text begin Special Revenue
Fund
new text end
new text begin 850,000
new text end
new text begin 850,000
new text end
new text begin (a) Hazmat and Chemical Assessment Teams
new text end

new text begin $850,000 the first year and $850,000 the
second year are from the fire safety account
in the special revenue fund. These amounts
must be used to fund the hazardous materials
and chemical assessment teams. Of this
amount, $100,000 the first year is for cases
for which there is no identified responsible
party. $100,000 each year is for an increase
from the general fund to reimburse local
governments for bomb squad services.
new text end

new text begin (b) Disaster Assistance Account
new text end

new text begin $20,000,000 the first year is from the general
fund for transfer to the disaster assistance
contingency account in Minnesota Statutes,
section 12.221.
new text end

new text begin Subd. 3. new text end

new text begin Criminal Apprehension
new text end

new text begin 59,648,000
new text end
new text begin 60,593,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 57,267,000
new text end
new text begin 58,167,000
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 2,374,000
new text end
new text begin 2,419,000
new text end
new text begin (a) DWI Lab Analysis; Trunk Highway Fund
new text end

new text begin Notwithstanding Minnesota Statutes, section
161.20, subdivision 3, $2,374,000 the first
year and $2,419,000 the second year are from
the trunk highway fund for laboratory analysis
related to driving-while-impaired cases.
new text end

new text begin (b) Predatory Registration System
new text end

new text begin $2,100,000 the first year and $2,000,000 the
second year are from the general fund to build
the predatory registration system. These
appropriations are available until June 30,
2020. The base for fiscal year 2020 and fiscal
year 2021 is $400,000 per year to maintain
the system.
new text end

new text begin (c) BCA Investment Initiative
new text end

new text begin $1,980,000 each year is from the general fund:
new text end

new text begin (1) for an increase to the criminal information
and operations section;
new text end

new text begin (2) for additional agents to assist in complex
narcotics and homicide investigations;
new text end

new text begin (3) for additional forensic scientists;
new text end

new text begin (4) for maintenance of the criminal history
system; and
new text end

new text begin (5) for additional staff in the drug chemistry
lab.
new text end

new text begin (d) Livescan Replacement
new text end

new text begin $325,000 each year is from the general fund
to replace electronic fingerprint capture
equipment in criminal justice agencies around
the state. The equipment is to be used to
automatically submit the fingerprints to the
bureau for identification of the person and
processing.
new text end

new text begin (e) Base Appropriation
new text end

new text begin The base appropriation from the general fund
for criminal apprehension is $56,567,000 in
fiscal year 2020 and $56,567,000 in fiscal year
2021.
new text end

new text begin Subd. 4. new text end

new text begin Fire Marshal
new text end

new text begin 9,577,000
new text end
new text begin 9,711,000
new text end
new text begin Appropriations by Fund
new text end
new text begin Special Revenue
new text end
new text begin 9,577,000
new text end
new text begin 9,711,000
new text end

new text begin The special revenue fund 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 (a) new text end new text begin Task Force 1
new text end

new text begin $500,000 the first year and $500,000 the
second year are for an increase to Minnesota
Task Force 1.
new text end

new text begin (b) new text end new text begin Air Rescue
new text end

new text begin $190,000 each year is to fund the Minnesota
Air Rescue Team.
new text end

new text begin (c) Unappropriated Revenue
new text end

new text begin Any additional unappropriated money
collected in fiscal year 2017 is appropriated
to the commissioner of public safety for the
purposes of Minnesota Statutes, section
299F.012. The commissioner may transfer
appropriations and base amounts between
activities in this subdivision.
new text end

new text begin Subd. 5. new text end

new text begin Alcohol and Gambling Enforcement
new text end

new text begin 2,787,000
new text end
new text begin 2,851,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 2,029,000
new text end
new text begin 2,087,000
new text end
new text begin Special Revenue
new text end
new text begin 758,000
new text end
new text begin 764,000
new text end

new text begin $688,000 the first year and $694,000 the
second year are 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 $70,000 each year is from the lawful gambling
regulation account in the special revenue fund.
new text end

new text begin Field Agents and Alcohol Educator
new text end

new text begin $269,000 each year is from the general fund
for field agents and an alcohol educator.
new text end

new text begin Subd. 6. new text end

new text begin Office of Justice Programs
new text end

new text begin 40,164,000
new text end
new text begin 40,229,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 40,068,000
new text end
new text begin 40,133,000
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) Violent Crime Enforcement
new text end

new text begin $1,000,000 each year is from the general fund
for additional grants for Statewide Violent
Crime Enforcement Teams.
new text end

new text begin Subd. 7. new text end

new text begin Emergency Communication Networks
new text end

new text begin 77,187,000
new text end
new text begin 77,221,000
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 This appropriation includes funds for
information technology project services and
support subject to the provisions of Minnesota
Statutes, section 16E.0466. Any ongoing
information technology costs will be
incorporated into the service level agreement
and will be paid to the Office of MN.IT
Services by the Department of Public Safety
under the rates and mechanism specified in
that agreement.
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) ARMER State Backbone Operating
Costs
new text end

new text begin $9,650,000 each year is to the commissioner
of transportation for costs of maintaining and
operating 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 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, and grants to local
units of government to further the strategic
goals set forth by the statewide
Communications Board strategic plan.
new text end

Sec. 12. new text beginPEACE OFFICER STANDARDS AND
TRAINING (POST) BOARD
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 9,144,000
new text end
new text begin $
new text end
new text begin 9,156,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2018
new text end
new text begin 2019
new text end
new text begin General
new text end
new text begin 5,000,000
new text end
new text begin 5,000,000
new text end
new text begin Special Revenue
new text end
new text begin 4,144,000
new text end
new text begin 4,156,000
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 Excess Amounts Transferred
new text end

new text begin The special revenue fund appropriation is from
the peace officer training account. Any new
receipts credited to that account in the first
year in excess of $4,144,000 must be
transferred and credited to the general fund.
Any new receipts credited to that account in
the second year in excess of $4,156,000 must
be transferred and credited to the general fund.
new text end

new text begin Subd. 3. new text end

new text begin Peace Officer Training Reimbursements
new text end

new text begin $2,859,000 each year from the peace officer
training account in the special revenue fund
is for reimbursements to local governments
for peace officer training costs.
new text end

new text begin Subd. 4. new text end

new text begin Peace Officer Training Assistance
new text end

new text begin $5,000,000 each year from the general fund
is to support and strengthen law enforcement
training and implement best practices. This
appropriation may be allocated to implement
recommendations as submitted by the
Governor's Council on Law Enforcement and
Community Relations. This is a onetime
appropriation.
new text end

Sec. 13. new text beginPRIVATE DETECTIVE BOARD
new text end

new text begin $
new text end
new text begin 189,000
new text end
new text begin $
new text end
new text begin 189,000
new text end

Sec. 14. new text beginHUMAN RIGHTS
new text end

new text begin $
new text end
new text begin 5,610,000
new text end
new text begin $
new text end
new text begin 6,006,000
new text end

new text begin Subdivision 1. new text end

new text begin Regional Offices
new text end

new text begin $1,050,000 the first year and $1,250,000 the
second year are for new Human Rights
regional offices in Duluth, Rochester, and
Worthington and for additional support for the
existing regional office in St. Cloud.
new text end

new text begin Subd. 2. new text end

new text begin Ban the Box for Housing
new text end

new text begin $150,000 each year is for the implementation
and enforcement of the Ban the Box for
Housing under Minnesota Statutes, sections
364.20 to 364.22.
new text end

Sec. 15. new text beginCORRECTIONS
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 9,200,000
new text end
new text begin $
new text end
new text begin 598,630,000
new text end
new text begin $
new text end
new text begin 616,262,000
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 9,200,000
new text end
new text begin 437,729,000
new text end
new text begin 453,372,000
new text end
new text begin (a) Offender Health Care
new text end

new text begin $9,200,000 in fiscal year 2017 is to fund a
deficiency in the base budget for the offender
health care contract.
new text end

new text begin $11,400,000 each year is added to the base for
the offender health care contract.
new text end

new text begin (b) Critical Technology
new text end

new text begin $2,969,000 each year is to support critical
technology needs.
new text end

new text begin (c) Federal Prison Rape Elimination Act
new text end

new text begin $943,000 the first year and $1,068,000 the
second year are to comply with requirements
of the federal Prison Rape Elimination Act.
new text end

new text begin (d) Operational Costs
new text end

new text begin $2,450,000 each year is to increase the
relevant base budgets for operational costs
including offender food, plant operations, and
lease of space.
new text end

new text begin (e) Personnel; Shakopee and St. Cloud
new text end

new text begin $262,000 each year is to add positions to
manage increased operational needs related to
the completion of capital bonding projects at
the correctional facilities in Shakopee and St.
Cloud.
new text end

new text begin (f) Mentally Ill Offenders
new text end

new text begin $1,494,000 the first year and $1,962,000 the
second year are to expand services for
mentally ill offenders including behavioral
health and security personnel.
new text end

new text begin (g) Restrictive Housing Reforms
new text end

new text begin $1,743,000 the first year and $2,027,000 the
second year are to implement restrictive
housing reforms that will reduce the risk of
future misconduct and comply with federal
guidelines and accreditation standards.
new text end

new text begin (h) Correctional Officers; Security Systems
new text end

new text begin $2,500,000 the first year and $3,500,000 the
second year are to add positions for
correctional officers located in correctional
facilities and to upgrade critical security
systems.
new text end

new text begin (i) Offender Medical Services Expansion
new text end

new text begin $750,000 the first year and $1,250,000 the
second year are to expand and improve
offender medical services.
new text end

new text begin Subd. 3. new text end

new text begin Community Services
new text end

new text begin 132,998,000
new text end
new text begin 134,531,000
new text end

new text begin (a) Supervised Release Agents
new text end

new text begin $1,040,000 each year is to increase the number
of supervision agents for offenders under
Department of Corrections supervision.
new text end

new text begin (b) Critical Needs
new text end

new text begin $345,000 each year is to support critical
technology needs.
new text end

new text begin (c) Out-Patient Sex Offender Treatment
new text end

new text begin $465,000 each year is to increase out-patient
sex offender treatment for offenders on
community supervision.
new text end

new text begin (d) Subsidy
new text end

new text begin $3,150,000 each year is added to the
Community Corrections Act subsidy, as
described in Minnesota Statutes, section
401.14.
new text end

new text begin (e) County Probation Officers
new text end

new text begin $345,000 each year is for county probation
officers reimbursement, as described in
Minnesota Statutes, section 244.19,
subdivision 6.
new text end

new text begin (f) Offender Case Management
new text end

new text begin $1,494,000 in fiscal year 2019 and $1,962,000
in fiscal year 2020 are to expand and improve
offender case management services.
new text end

new text begin Subd. 4. new text end

new text begin Operations Support
new text end

new text begin 27,903,000
new text end
new text begin 28,359,000
new text end

new text begin $1,638,000 each year is to support technology
needs.
new text end

ARTICLE 2

STATUTORY CHANGES

Section 1.

Minnesota Statutes 2016, section 13.02, subdivision 17, is amended to read:


Subd. 17.

State agency.

"State agency" means the state, the University of Minnesota,
and any office, officer, department, division, bureau, board, commission, authority, district
or agency of the statenew text begin, but does not include the Tax Courtnew text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2016, section 271.06, subdivision 6, is amended to read:


Subd. 6.

Hearings; determination of issues; default.

new text begin(a) new text endThe Tax Court shall hear,
consider, and determine without a jury every appeal de novo. A Tax Court judge may
empanel an advisory jury upon the judge's motion. The Tax Court shall hold a public hearing
in every case. All such parties shall have an opportunity to offer evidence and arguments
at the hearing; provided, that the order of the commissioner or the appropriate unit of
government in every case shall be prima facie valid. When an appeal to the Tax Court has
been taken from an order or determination of the commissioner or from the appropriate unit
of government, the proceeding shall be an original proceeding in the nature of a suit to set
aside or modify the order or determination. In case no appellant shall appear the Tax Court
shall enter its order affirming the order of the commissioner of revenue or the appropriate
unit of government from which the appeal was taken. If the Department of Revenue's sales
ratio study is introduced in Tax Court as evidence, the sales ratio data from the study shall
be admissible as evidence only as provided in section 278.05, subdivision 4.

new text begin (b) The commissioner, the taxpayer, and any other party to an appeal to the Tax Court
may file all necessary notices, documents, and other necessary information with the Tax
Court in a manner approved by the Tax Court.
new text end

new text begin (c) The Tax Court may adopt rules under chapter 14 governing procedures for electronic
filings of court documents.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2016, section 271.21, subdivision 2, is amended to read:


Subd. 2.

Jurisdiction.

At the election of the taxpayer, the Small Claims Division shall
have jurisdiction only in the following matters:

(a) cases involving valuation, assessment, or taxation of real or personal property, if:

(i) the issue is a denial of a current year application for the homestead classification for
the taxpayer's property;

(ii) only one parcel is included in the petition, the entire parcel is classified as homestead
class 1a or 1b under section 273.13, and the parcel contains no more than one dwelling unit;

(iii) the entire property is classified as agricultural homestead class 2a or 1b under section
273.13; or

(iv) the assessor's estimated market value of the property included in the petition is less
than $300,000; or

(b) any case not involving valuation, assessment, or taxation of real and personal property
in which the amount in controversy does not exceed deleted text begin$5,000deleted text endnew text begin $15,000new text end, including penalty and
interest.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

new text begin [271.23] TAX COURT DATA, ELECTRONIC FILING.
new text end

new text begin The Tax Court may adopt rules under chapter 14 governing classification of data
collected, created, stored, maintained, or disseminated by the Tax Court under this chapter.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2016, section 299A.55, subdivision 2, is amended to read:


Subd. 2.

Railroad and pipeline safety account.

(a) A railroad and pipeline safety
account is created in the special revenue fund. The account consists of funds collected under
subdivision 4 and funds donated, allotted, transferred, or otherwise provided to the account.

(b) deleted text begin$104,000deleted text endnew text begin $114,000new text end is annually appropriated from the railroad and pipeline safety
account to the commissioner of the Pollution Control Agency for environmental protection
activities related to railroad discharge preparedness under chapter 115E.

(c) Following the appropriation in paragraph (b), the remaining money in the account
is annually appropriated to the commissioner of public safety for the purposes specified in
subdivision 3.

Sec. 6.

Minnesota Statutes 2016, section 299A.55, subdivision 4, is amended to read:


Subd. 4.

Assessments.

(a) The commissioner of public safety shall annually assess
deleted text begin $2,500,000deleted text endnew text begin $1,500,000new text end to railroad and pipeline companies based on the formula specified
in paragraph (b). The commissioner shall deposit funds collected under this subdivision in
the railroad and pipeline safety account under subdivision 2.

(b) The assessment for each railroad is 50 percent of the total annual assessment amount,
divided in equal proportion between applicable rail carriers based on route miles operated
in Minnesota. The assessment for each pipeline company is 50 percent of the total annual
assessment amount, divided in equal proportion between companies based on the yearly
aggregate gallons of oil and hazardous substance transported by pipeline in Minnesota.

deleted text begin (c) The assessments under this subdivision expire July 1, 2017.
deleted text end

Sec. 7.

Minnesota Statutes 2016, section 364.01, is amended to read:


364.01 POLICY.

The legislature declares that it is the policy of the state of Minnesota to encourage and
contribute to the rehabilitation of criminal offenders and to assist them in the resumption
of the responsibilities of citizenship. The opportunity to secure employment or to pursue,
practice, or engage in a meaningful and profitable trade, occupation, vocation, profession
or business is essential to rehabilitation and the resumption of the responsibilities of
citizenship.new text begin The opportunity to secure housing is also essential to rehabilitation and the
resumption of the responsibilities of citizenship.
new text end

Sec. 8.

new text begin [364.20] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For purposes of sections 364.20 to 364.22, the terms in this section
have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Landlord. new text end

new text begin "Landlord" means an owner of real property, a contract for deed
vendee, receiver, executor, trustee, lessee, agent, or other person directly or indirectly in
control of rental property.
new text end

new text begin Subd. 3. new text end

new text begin Tenant screening process. new text end

new text begin "Tenant screening process" means the period before
a decision is made to rent or lease, which includes the time during which a person is seeking
housing requests and is provided an application and the time during which the assessment
of rental history and credit history, the checking of sources of income, and the scheduling
of an applicant interview routinely occur.
new text end

Sec. 9.

new text begin [364.21] HOUSING; CONSIDERATION OF CRIMINAL RECORDS.
new text end

new text begin Unless otherwise provided by law, a criminal record shall not automatically disqualify
an applicant. This section does not prohibit a landlord from notifying applicants that law
or the landlord's policy will disqualify an individual with a particular criminal history
background from housing. The landlord may disclose screening criteria used to decide
whether to rent or lease to an applicant with a criminal history background. The landlord's
initial disclosure shall inform the applicant of the opportunity to provide evidence
demonstrating inaccuracies within the applicant's criminal record or evidence of rehabilitation
or other mitigating factors and contain examples of rehabilitation or other mitigating factors.
new text end

Sec. 10.

new text begin [364.22] TRANSPARENCY IN CONSIDERING CRIMINAL HISTORY
INFORMATION IN RENTAL HOUSING.
new text end

new text begin (a) This section does not prohibit a landlord from conducting or using criminal
background check information in evaluating applicants or making rental decisions.
new text end

new text begin (b) A landlord shall conduct a criminal background check only after the prospective
tenant has successfully completed all other phases of the landlord's tenant screening process.
Following successful completion of the landlord's tenant screening process, the landlord's
request for a criminal background check shall inform the applicant that the applicant may
provide information to the landlord concerning inaccuracies within the applicant's criminal
record as well as information of rehabilitation and mitigating factors. If the applicant claims
the information is inaccurate, the landlord shall allow the applicant a reasonable amount of
time to have the record corrected.
new text end

new text begin (c) The landlord shall not consider crimes that have been expunged by a judge or arrests
that did not lead to a conviction, except when there is a pending judicial proceeding related
to the arrest.
new text end

new text begin (d) The landlord shall provide the applicant with an opportunity to request a reasonable
accommodation.
new text end

new text begin (e) The landlord shall maintain records for a period of two years concerning application
of criminal history information in tenant selection. The information shall list the name of
the applicant, the criminal history information received concerning the applicant, the
rehabilitation and mitigating factors provided by the applicant, and the decision of the
landlord.
new text end

new text begin (f) This section does not preempt existing statutory duties to consider criminal background
information in evaluating applicants.
new text end

Sec. 11.

Minnesota Statutes 2016, section 504B.173, subdivision 1, is amended to read:


Subdivision 1.

Limitations.

new text beginA landlord is subject to and must comply with section
364.22.
new text endA landlord may not:

(1) charge an applicant a screening fee when the landlord knows or should have known
that no rental unit is available at that time or will be available within a reasonable future
time;

(2) collect or hold an applicant screening fee without giving the applicant a written
receipt for the fee, which may be incorporated into the application form, upon request of
the applicant; or

(3) use, cash, or deposit an applicant screening fee until all prior applicants have either
been screened and rejected, or offered the unit and declined to enter into a rental agreement.

Sec. 12.

Minnesota Statutes 2016, section 504B.173, subdivision 3, is amended to read:


Subd. 3.

Disclosures to applicant.

If a landlord accepts an applicant screening fee from
a prospective tenant, the landlord must:

(1) disclose in writing prior to accepting the applicant screening fee:

(i) the name, address, and telephone number of the tenant screening service the landlord
will use, unless the landlord does not use a tenant screening service; and

(ii) the criterianew text begin, including criminal history information,new text end on which the decision to rent to
the prospective tenant will be based; and

(2) notify the applicant within 14 days of rejecting a rental application, identifying the
criteria the applicant failed to meet.