as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to state government appropriations; 1.3 appropriating money to fund corrections, public 1.4 safety, courts, and other agencies; amending Minnesota 1.5 Statutes 2002, sections 243.53, subdivision 1; 1.6 299C.10, subdivision 4, by adding a subdivision; 1.7 299C.48; 299F.46, subdivision 1, by adding 1.8 subdivisions; 299M.03, by adding a subdivision; 1.9 357.021, subdivision 7; 609.105, subdivision 1, by 1.10 adding a subdivision; proposing coding for new law in 1.11 Minnesota Statutes, chapter 299F; repealing Minnesota 1.12 Statutes 2002, sections 123B.73; 241.41; 241.42; 1.13 241.43; 241.44; 241.441; 241.45. 1.14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.15 ARTICLE 1 1.16 APPROPRIATIONS 1.17 Section 1. [CRIMINAL JUSTICE APPROPRIATIONS.] 1.18 The sums shown in the columns marked "APPROPRIATIONS" are 1.19 appropriated from the general fund, or another named fund, to 1.20 the agencies and for the purposes specified in this act, to be 1.21 available for the fiscal years indicated for each purpose. The 1.22 figures "2003," "2004," and "2005," where used in this act, mean 1.23 that the appropriation or appropriations listed under them are 1.24 available for the year ending June 30, 2003, June 30, 2004, or 1.25 June 30, 2005, respectively. The term "first year" means the 1.26 fiscal year ending June 30, 2004, and the term "second year" 1.27 means the fiscal year ending June 30, 2005. 1.28 SUMMARY BY FUND 1.29 2003 2004 2005 TOTAL 2.1 General $ 35,000 $ 681,981,000 $ 704,532,000 $1,386,513,000 2.2 State Government 2.3 Special Revenue 7,000 7,000 14,000 2.4 Environmental 2.5 Fund 49,000 49,000 98,000 2.6 Special Revenue 2.7 Fund 5,578,000 5,578,000 11,156,000 2.8 Trunk 2.9 Highway 361,000 361,000 722,000 2.10 TOTAL $ 35,000 $ 687,976,000 $ 710,527,000 $1,398,503,000 2.11 APPROPRIATIONS 2.12 Available for the Year 2.13 Ending June 30 2.14 2004 2005 2.15 Sec. 2. CORRECTIONS 2.16 Subdivision 1. Total 2.17 Appropriation $358,267,000 $362,921,000 2.18 Summary by Fund 2.19 General Fund 357,267,000 361,921,000 2.20 Special Revenue 1,000,000 1,000,000 2.21 The amounts that may be spent from this 2.22 appropriation for each program are 2.23 specified in the following subdivisions. 2.24 Subd. 2. Correctional 2.25 Institutions 2.26 Summary by Fund 2.27 General Fund 236,849,000 240,416,000 2.28 Special Revenue 630,000 630,000 2.29 [CONTRACT FOR BEDS AT RUSH CITY.] If 2.30 the commissioner contracts with other 2.31 states, local units of government, or 2.32 the federal government to rent beds in 2.33 the Rush City correctional facility, 2.34 the commissioner shall charge a per 2.35 diem under the contract, to the extent 2.36 possible, that is equal to or greater 2.37 than the per diem cost of housing 2.38 Minnesota inmates in the facility. The 2.39 per diem cost for housing inmates of 2.40 other states, local units of 2.41 government, or the federal government 2.42 at this facility shall be based on the 2.43 assumption that the facility is at or 2.44 near capacity. Notwithstanding any 2.45 laws to the contrary, the commissioner 2.46 may use the per diem appropriation to 2.47 operate the state correctional system. 2.48 Subd. 3. Juvenile Services 13,007,000 13,007,000 2.49 Subd. 4. Community Services 2.50 Summary by Fund 3.1 General Fund 92,764,000 93,851,000 3.2 Special Revenue 120,000 120,000 3.3 Subd. 5. Operations Support 3.4 Summary by Fund 3.5 General Fund 14,647,000 14,647,000 3.6 Special Revenue 250,000 250,000 3.7 Sec. 3. HUMAN RIGHTS 3,580,000 3,550,000 3.8 Sec. 4. PUBLIC SAFETY 3.9 Subdivision 1. Total 3.10 Appropriation 68,632,000 69,758,000 3.11 Summary by Fund 3.12 2004 2005 3.13 General 67,580,000 68,706,000 3.14 Special Revenue 635,000 635,000 3.15 State Government 3.16 Special Revenue 7,000 7,000 3.17 Environmental 49,000 49,000 3.18 Trunk Highway 361,000 361,000 3.19 [APPROPRIATIONS FOR PROGRAMS.] The 3.20 amounts that may be spent from this 3.21 appropriation for each program are 3.22 specified in the following subdivisions. 3.23 [DWI PENALTY FUNDS.] The commissioners 3.24 of public safety and transportation 3.25 must jointly report annually to the 3.26 chairs and ranking minority members of 3.27 the house of representatives and senate 3.28 committees having jurisdiction over 3.29 transportation and public safety 3.30 finance issues on the expenditure of 3.31 any federal funds available under the 3.32 repeat offender transfer program, 3.33 Public Law 105-206, section 164. 3.34 Subd. 2. Emergency 3.35 Management 2,903,000 2,903,000 3.36 Summary by Fund 3.37 General 2,854,000 2,854,000 3.38 Environmental 49,000 49,000 3.39 Subd. 3. Criminal 3.40 Apprehension 34,777,000 35,908,000 3.41 Summary by Fund 3.42 General 33,774,000 34,905,000 3.43 Special Revenue 635,000 635,000 3.44 State Government 3.45 Special Revenue 7,000 7,000 4.1 Trunk Highway 361,000 361,000 4.2 [COOPERATIVE INVESTIGATION OF 4.3 CROSS-JURISDICTIONAL CRIMINAL 4.4 ACTIVITY.] $135,000 each year from the 4.5 bureau of criminal apprehension account 4.6 in the special revenue fund is for 4.7 grants to local officials for the 4.8 cooperative investigation of 4.9 cross-jurisdictional criminal 4.10 activity. Any unencumbered balance 4.11 remaining in the first year does not 4.12 cancel but is available for the second 4.13 year. 4.14 [LABORATORY ACTIVITIES.] $500,000 the 4.15 first year and $500,000 the second year 4.16 from the bureau of criminal 4.17 apprehension account in the special 4.18 revenue fund are appropriated for 4.19 laboratory activities. 4.20 [DWI LAB ANALYSIS; TRUNK HIGHWAY FUND.] 4.21 Notwithstanding Minnesota Statutes, 4.22 section 161.20, subdivision 3, $361,000 4.23 the first year and $361,000 the second 4.24 year are appropriated from the trunk 4.25 highway fund for laboratory analysis 4.26 related to driving while impaired cases. 4.27 [CRIMNET.] The commissioner of public 4.28 safety shall develop a plan for using 4.29 the base funds appropriated for CriMNet 4.30 policy group, CriMNet backbone, and 4.31 CriMNet suspense file reductions to 4.32 further completion of the CriMNet 4.33 program. The commissioner shall 4.34 consult the criminal and juvenile 4.35 justice information policy group and 4.36 other interested parties on the 4.37 development of this plan. 4.38 Subd. 4. Fire Marshal 4.39 2,427,000 2,427,000 4.40 Subd. 5. Alcohol and 4.41 Gambling Enforcement 4.42 1,622,000 1,622,000 4.43 Subd. 6. Crime Victim 4.44 Services Center 4.45 23,339,000 23,339,000 4.46 Subd. 7. Law Enforcement 4.47 and Community Grants 4.48 3,564,000 3,559,000 4.49 The base for this program shall be 4.50 $3,554,000 for fiscal year 2006 and 4.51 $3,549,000 for fiscal year 2007. 4.52 [ADMINISTRATION COSTS.] Up to 2.5 4.53 percent of the grant funds appropriated 4.54 in this subdivision may be used to 4.55 administer the grant programs. 5.1 Sec. 5. COURT OF APPEALS 7,307,000 7,344,000 5.2 Sec. 6. DISTRICT COURTS 163,131,000 182,342,000 5.3 Budget reductions must be allocated 5.4 proportionately between operating costs 5.5 and grant programs. 5.6 Sec. 7. SUPREME COURT 35,986,000 33,537,000 5.7 Budget reductions must be allocated 5.8 proportionately between operating costs 5.9 and grant programs. 5.10 Sec. 8. BOARD OF PUBLIC DEFENSE 45,552,000 45,553,000 5.11 Budget reductions must be allocated 5.12 proportionately between operating costs 5.13 and grant programs. 5.14 Sec. 9. BOARD ON JUDICIAL 5.15 STANDARDS 252,000 252,000 5.16 Sec. 10. BOARD OF PEACE OFFICER 5.17 STANDARDS AND TRAINING 3,943,000 3,943,000 5.18 This appropriation is from the peace 5.19 officers training account in the 5.20 special revenue fund. Any receipts 5.21 credited to that account in the first 5.22 year in excess of $3,943,000 must be 5.23 transferred and credited to the general 5.24 fund. Any receipts credited to that 5.25 account in the second year in excess of 5.26 $3,943,000 must be transferred and 5.27 credited to the general fund. 5.28 Budget reductions must be allocated 5.29 proportionately between operating costs 5.30 and grant programs. 5.31 Sec. 11. BOARD OF PRIVATE DETECTIVE 5.32 AND PROTECTIVE AGENT SERVICES 126,000 126,000 5.33 Sec. 12. SENTENCING GUIDELINES 5.34 COMMISSION 436,000 436,000 5.35 Sec. 13. TAX COURT 726,000 726,000 5.36 Sec. 14. UNIFORM LAWS 5.37 COMMISSION 38,000 39,000 5.38 Sec. 15. DEFICIENCY 5.39 APPROPRIATION 5.40 General 35,000 5.41 [SPECIAL HEARING COSTS.] This 5.42 appropriation for fiscal year 2003 is 5.43 added to the appropriation in Laws 5.44 2001, First Special Session chapter 8, 5.45 article 4, section 5, to the board on 5.46 judicial standards and is to fund costs 5.47 of a public hearing for a judge. This 5.48 appropriation is available the day 5.49 following final enactment and is 5.50 available until June 30, 2003. 5.51 ARTICLE 2 5.52 PUBLIC SAFETY AND JUDICIARY POLICY PROVISIONS 6.1 Section 1. Minnesota Statutes 2002, section 243.53, 6.2 subdivision 1, is amended to read: 6.3 Subdivision 1. [SEPARATE CELLS.] (a) When there are 6.4 sufficient cells available, each inmate shall be confined in a 6.5 separate cell. Each inmate shall be confined in a separate cell 6.6 in institutions classified by the commissioner as custody level 6.7five andsix institutions.This requirement does not apply to6.8the following:6.9(1) geriatric dormitory-type facilities;6.10(2) honor dormitory-type facilities; and6.11(3) any other multiple occupancy facility at a custody6.12level five or six institution that confines inmates who could be6.13confined in an institution at custody level four or lower.6.14 (b) Correctional institutions classified by the 6.15 commissioner as custody level one, two, three, or four 6.16 institutions must permit multiple occupancy, except segregation 6.17 units, to the greatest extent possible. 6.18 (c) Correctional institutions classified by the 6.19 commissioner as custody level five must permit multiple 6.20 occupancy not to exceed 50 percent of all beds for all level 6.21 five institutions. 6.22 Sec. 2. Minnesota Statutes 2002, section 299C.10, 6.23 subdivision 4, is amended to read: 6.24 Subd. 4. [FEE FOR BACKGROUND CHECK; ACCOUNT; 6.25 APPROPRIATION.] The superintendent shall collect a fee in an 6.26 amount to cover the expense for each background check provided 6.27 for a purpose not directly related to the criminal justice 6.28 system or required by section 624.7131, 624.7132, or 624.714. 6.29 The proceeds of the fee must be deposited in a special account. 6.30 Money in the account is annually appropriated to the 6.31 commissioner to maintain and improve the quality of the criminal 6.32 record system in Minnesota. The superintendent shall collect an 6.33 additional handling fee of $7 for FBI background fingerprint 6.34 checks. 6.35 Sec. 3. Minnesota Statutes 2002, section 299C.10, is 6.36 amended by adding a subdivision to read: 7.1 Subd. 5. [FEE FOR TAKING FINGERPRINTS; ACCOUNT 7.2 APPROPRIATION.] The superintendent may charge a fee of $10 for 7.3 the taking of fingerprints for the public when required by an 7.4 employer or government entity for either employment or 7.5 licensing. No fee will be charged when there is a question of 7.6 whether or not the person is the subject of a criminal history 7.7 record. The proceeds of the fee must be deposited in an account 7.8 in the special revenue fund. Money in the account is annually 7.9 appropriated to the commissioner to maintain and improve the 7.10 quality of the criminal record system in Minnesota. 7.11 Sec. 4. Minnesota Statutes 2002, section 299C.48, is 7.12 amended to read: 7.13 299C.48 [CONNECTION BY AUTHORIZED AGENCY; STANDING 7.14 APPROPRIATION.] 7.15 (a) An agency authorized under section 299C.46, subdivision 7.16 3, may connect with and participate in the criminal justice data 7.17 communications network upon approval of the commissioner of 7.18 public safety; provided, that the agency shall first agree to 7.19 pay installation charges as may be necessary for connection and 7.20 monthly operational charges as may be established by the 7.21 commissioner of public safety. Before participation by a 7.22 criminal justice agency may be approved, the agency must have 7.23 executed an agreement with the commissioner providing for 7.24 security of network facilities and restrictions on access to 7.25 data supplied to and received through the network. 7.26 (b) In addition to any fee otherwise authorized, the 7.27 commissioner of public safety shall impose a fee for providing 7.28 secure dial-up or Internet access for criminal justice agencies 7.29 and noncriminal justice agencies. The following monthly fees 7.30 apply: 7.31 (1) criminal justice agency accessing via Internet, $15; 7.32 (2) criminal justice agency accessing via dial-up, $35; 7.33 (3) noncriminal justice agency accessing via Internet, $35; 7.34 and 7.35 (4) noncriminal justice agency accessing via dial-up, $35. 7.36 (c) The installation and monthly operational charges 8.1 collected by the commissioner of public safety underparagraph8.2 paragraphs (a) and (b) are annually appropriated to the 8.3 commissioner to administer sections 299C.46 to 299C.50. 8.4 Sec. 5. Minnesota Statutes 2002, section 299F.46, 8.5 subdivision 1, is amended to read: 8.6 Subdivision 1. [HOTEL INSPECTION.] (a) It shall be the 8.7 duty of the commissioner of public safety to inspect, or cause 8.8 to be inspected, at least once every three years, every hotel in 8.9 this state; and, for that purpose, the commissioner, or the 8.10 commissioner's deputies, or designated alternates or agents 8.11 shall have the right to enter or have access thereto at any 8.12 reasonable hour; and, when, upon such inspection, it shall be 8.13 found that the hotel so inspected does not conform to or is not 8.14 being operated in accordance with the provisions of sections 8.15 157.011 and 157.15 to 157.22, in so far as the same relate to 8.16 fire prevention or fire protection of hotels, or the rules 8.17 promulgated thereunder, or is being maintained or operated in 8.18 such manner as to violate theUniform Fire CodeMinnesota State 8.19 Fire Code promulgated pursuant to section 299F.011 or any other 8.20 law of this state relating to fire prevention and fire 8.21 protection of hotels, the commissioner and the deputies or 8.22 designated alternates or agents shall report such a situation to 8.23 the hotel inspector who shall proceed as provided for in chapter 8.24 157. 8.25 (b) The word "hotel", as used in this subdivision, has the 8.26 meaning given in section 299F.391. 8.27 Sec. 6. Minnesota Statutes 2002, section 299F.46, is 8.28 amended by adding a subdivision to read: 8.29 Subd. 3. [INSPECTION FEES.] (a) For each hotel required to 8.30 have a fire inspection according to subdivision 1, the 8.31 commissioner of public safety is authorized to charge each hotel 8.32 a triennial inspection fee of $435 and a per room charge of $5 8.33 for one to 18 units; $6 for 19 to 35 units; $7 for 36 to 100 8.34 units, and $8 for 100 or more units. The fee includes one 8.35 follow-up inspection. The commissioner shall charge each resort 8.36 a triennial inspection fee of $435 and a per room charge of $5 9.1 for one to 10 units; $6 for 11 to 25 units; and $7 for 26 or 9.2 more units. 9.3 A fee of $225 shall be charged for each additional 9.4 follow-up inspection for hotels and resorts, conducted in each 9.5 three-year cycle that is necessary to bring the hotel or resort 9.6 into compliance with the state fire code. 9.7 (b) Nothing in this subdivision shall prevent the 9.8 designated agent from continuing to charge an inspection fee or 9.9 from establishing a new inspection fee. 9.10 Sec. 7. Minnesota Statutes 2002, section 299F.46, is 9.11 amended by adding a subdivision to read: 9.12 Subd. 4. [SPECIAL ACCOUNT.] Money received by the state 9.13 fire marshal division for this program must be deposited in the 9.14 state treasury and credited to a state fire marshal hotel 9.15 inspection dedicated account in the special revenue fund. All 9.16 money in the state fire marshal hotel inspection dedicated 9.17 account is annually appropriated to the commissioner of public 9.18 safety for purposes of operating and administering this program. 9.19 Sec. 8. [299F.47] [PUBLIC SCHOOL INSPECTIONS.] 9.20 Subdivision 1. [INSPECTION REQUIRED.] The state fire 9.21 marshal shall develop a plan to inspect once every three years 9.22 every public school facility used for educational purposes. The 9.23 state fire marshal shall charge school districts $0.014 per 9.24 square foot for each school building inspected. These rates 9.25 shall include two follow-up inspections or on-site 9.26 consultations. If additional follow-up inspections or 9.27 consultations are needed, the state fire marshal shall charge 9.28 $0.005 per square foot for each additional follow-up inspection 9.29 to each applicable building in which a follow-up inspection is 9.30 needed. 9.31 Subd. 2. [CHARTER SCHOOLS.] The state fire marshal shall 9.32 charge charter schools $100 for each school building inspected. 9.33 This rate shall include two follow-up inspections or on-site 9.34 consultations. If additional follow-up inspections or 9.35 consultations are needed, the state fire marshal shall charge 9.36 $50 for each additional follow-up inspection to each applicable 10.1 building in which a follow-up inspection is needed. 10.2 Subd. 3. [SPECIAL ACCOUNT.] Money received by the state 10.3 fire marshal division for this program must be deposited in the 10.4 state treasury and credited to a state fire marshal school 10.5 inspection dedicated account in the special revenue fund. All 10.6 money in the state fire marshal school inspection account is 10.7 annually appropriated to the commissioner of public safety for 10.8 purposes of operating and administering this program. 10.9 Subd. 4. [LOCAL INSPECTIONS.] If inspections of public 10.10 school buildings and charter schools were conducted by local 10.11 units of government between January 1, 1987, and January 1, 10.12 1990, then inspections may continue to be provided by the local 10.13 unit of government. 10.14 Subd. 5. [VARIANCE.] Notwithstanding section 299F.011, 10.15 subdivisions 5a and 5b, a variance from the code must be 10.16 approved by the state fire marshal before taking effect. 10.17 Sec. 9. Minnesota Statutes 2002, section 299M.03, is 10.18 amended by adding a subdivision to read: 10.19 Subd. 3. [CERTIFICATION FEE; ANNUAL APPROPRIATION.] The 10.20 state fire marshal shall charge $55 to conduct and administer 10.21 the journeyman sprinkler fitter certification process. Money 10.22 received by the state fire marshal division for the 10.23 administration of this program must be deposited in the state 10.24 treasury and credited to a state fire marshal dedicated account 10.25 in the special revenue fund. All money in the state fire 10.26 marshal account is annually appropriated to the commissioner of 10.27 public safety for purposes of administering this program. 10.28 Sec. 10. Minnesota Statutes 2002, section 357.021, 10.29 subdivision 7, is amended to read: 10.30 Subd. 7. [DISBURSEMENT OF SURCHARGES BY STATE TREASURER.] 10.31 (a) Except as provided in paragraphs (b) and (c), the state 10.32 treasurer shall disburse surcharges received under subdivision 6 10.33 and section 97A.065, subdivision 2, as follows: 10.34 (1) one percent shall be credited to the game and fish fund 10.35 to provide peace officer training for employees of the 10.36 department of natural resources who are licensed under sections 11.1 626.84 to 626.863, and who possess peace officer authority for 11.2 the purpose of enforcing game and fish laws; 11.3 (2) 39 percent shall be credited to the peace officers 11.4 training account in the special revenue fund; and 11.5 (3) 60 percent shall be credited to the general fund. 11.6 (b) The state treasurer shall credit $3 of each surcharge 11.7 received under subdivision 6 and section 97A.065, subdivision 2, 11.8 toa criminal justice special projects account in the special11.9revenue fund. This account is available for appropriation to11.10the commissioner of public safety for grants to law enforcement11.11agencies and for other purposes authorized by the11.12legislaturethe general fund. 11.13 (c) In addition to any amounts credited under paragraph 11.14 (a), the state treasurer shall credit $7 of each surcharge 11.15 received under subdivision 6 and section 97A.065, subdivision 2, 11.16 to the general fund. 11.17 Sec. 11. Minnesota Statutes 2002, section 609.105, 11.18 subdivision 1, is amended to read: 11.19 Subdivision 1. [FELONY SENTENCE.] A felony sentence to 11.20 imprisonment when the remaining term of imprisonment is formore11.21than one year180 days or less shall commit the defendant to the 11.22 custody of the commissioner of corrections., and the defendant 11.23 must serve the defendant's remaining term of imprisonment at a 11.24 workhouse, work farm, county jail, or other place authorized by 11.25 law. 11.26 Any sentence pronounced by a court in accordance with this 11.27 section is not considered a deviation from the sentencing 11.28 guidelines, and therefore does not require the court to make 11.29 written findings of fact as required under section 244.10. 11.30 Sec. 12. Minnesota Statutes 2002, section 609.105, is 11.31 amended by adding a subdivision to read: 11.32 Subd. 1a. [MORE THAN 180 DAYS.] A felony sentence to 11.33 imprisonment when the remaining term of imprisonment is for more 11.34 than 180 days shall commit the defendant to the custody of the 11.35 commissioner of corrections. 11.36 Sec. 13. [REPEALER.] 12.1 Minnesota Statutes 2002, sections 123B.73; 241.41; 241.42; 12.2 241.43; 241.44; 241.441; and 241.45, are repealed. 12.3 Sec. 14. [EFFECTIVE DATE.] 12.4 Section 2 is effective July 1, 2003.