SF 671

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 05/17/2013 11:19am

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; appropriating money
for public safety, judiciary, corrections, and human rights; amending Minnesota
Statutes 2012, sections 243.51, subdivisions 1, 3; 363A.36, subdivisions 1, 2;
Laws 2011, First Special Session chapter 1, article 1, section 3, subdivision 3;
repealing Minnesota Statutes 2012, section 243.51, subdivision 5.

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

Section 1. new text begin SUMMARY OF APPROPRIATIONS. new text end

new text begin The amounts shown in this section summarize direct appropriations, by fund, made
in this act.
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 873,062,000 new text end	new text begin $ new text end	new text begin 890,165,000 new text end	new text begin $ new text end	new text begin 1,763,227,000 new text end
new text begin Special Revenue new text end		new text begin 3,870,000 new text end		new text begin 3,870,000 new text end		new text begin 7,740,000 new text end
new text begin Total new text end	new text begin $ new text end	new text begin 876,932,000 new text end	new text begin $ new text end	new text begin 894,035,000 new text end	new text begin $ new text end	new text begin 1,770,967,000 new text end

Sec. 2. new text begin 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 begin SUPREME 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 44,948,000 new text end

new text begin $ new text end

new text begin 44,805,000 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 32,682,000 new text end

new text begin 32,539,000 new text end

new text begin (a) new text begin Contingent Account.
new text end new text end

new text begin $5,000 each year is for a contingent account
for expenses necessary for the normal
operation of the court for which no other
reimbursement is provided.
new text end

new text begin (b) Employer Pension Fund Contribution.
new text end

new text begin $22,000 each year is for a two percent
increase in the employer pension fund
contribution rate to the judge retirement
plan. These appropriations take effect only if
legislation to increase the employer pension
fund contribution rate by two percent is
enacted into law by July 1, 2013. If the
appropriations do not take effect, this
appropriation cancels to the general fund.
new text end

new text begin Subd. 3. new text end new text begin Civil Legal Services new text end

new text begin 12,266,000 new text end

new text begin 12,266,000 new text end

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

new text begin $877,000 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. 4. new text begin COURT OF APPEALS new text end

new text begin $ new text end

new text begin 10,641,000 new text end

new text begin $ new text end

new text begin 11,023,000 new text end

new text begin Employer Pension Fund Contribution.
$55,000 the first year and $57,000 the
second year are for a two percent increase
in the employer pension fund contribution
rate to the judge retirement plan. These
appropriations take effect only if legislation
to increase the employer pension fund
contribution rate by two percent is enacted
into law by July 1, 2013. If the appropriations
do not take effect, this appropriation cancels
to the general fund.
new text end

Sec. 5. new text begin DISTRICT COURTS new text end

new text begin $ new text end

new text begin 246,334,000 new text end

new text begin $ new text end

new text begin 255,991,000 new text end

new text begin new text begin Employer Pension Fund Contribution.
new text end $778,000 the first year and $809,000 the
second year are for a two percent increase
in the employer pension fund contribution
rate to the judge retirement plan. These
appropriations take effect only if legislation
to increase the employer pension fund
contribution rate by two percent is enacted
into law by July 1, 2013. If the appropriations
do not take effect, this appropriation cancels
to the general fund.
new text end

Sec. 6. new text begin GUARDIAN AD LITEM BOARD new text end

new text begin $ new text end

new text begin 12,414,000 new text end

new text begin $ new text end

new text begin 12,756,000 new text end

Sec. 7. new text begin TAX COURT new text end

new text begin $ new text end

new text begin 1,011,000 new text end

new text begin $ new text end

new text begin 1,011,000 new text end

new text begin (a) Additional Resources.
new text end

new text begin $161,000 each year is for two law clerks,
continuing legal education costs, and
Westlaw costs.
new text end

new text begin (b) Case Management System.
new text end

new text begin $25,000 each year is for the implementation
and maintenance of a modern case
management system.
new text end

Sec. 8. new text begin UNIFORM LAWS COMMISSION new text end

new text begin $ new text end

new text begin 147,000 new text end

new text begin $ new text end

new text begin 84,000 new text end

new text begin Back Dues.
new text end

new text begin $63,000 the first year is to pay back dues
owing to the National Conference of
Commissioners on Uniform State Laws.
new text end

Sec. 9. new text begin BOARD ON JUDICIAL STANDARDS new text end

new text begin $ new text end

new text begin 756,000 new text end

new text begin $ new text end

new text begin 456,000 new text end

new text begin (a) new text begin Deficiencies.
new text end new text end

new text begin $300,000 the first year is for deficiencies
occurring in fiscal year 2013. This
appropriation is available for expenditure the
day following final enactment.
new text end

new text begin (b) 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 encumbered and unspent balances
remain available for these expenditures in
subsequent fiscal years.
new text end

Sec. 10. new text begin BOARD OF PUBLIC DEFENSE new text end

new text begin $ new text end

new text begin 70,548,000 new text end

new text begin $ new text end

new text begin 73,499,000 new text end

new text begin (a) new text begin Information Technology Staffing.
new text end new text end

new text begin $388,000 the first year and $582,000 the
second year are for information technology
staffing.
new text end

new text begin (b) Public Defense Corporations.
new text end

new text begin The base budget for public defense
corporations is $1,537,000 each year.
new text end

new text begin (c) Transcripts.
new text end

new text begin The base budget for transcript costs is
$500,000 each year.
new text end

Sec. 11. new text begin PEACE OFFICER STANDARDS AND TRAINING BOARD new text end

new text begin $ new text end

new text begin 3,870,000 new text end

new text begin $ new text end

new text begin 3,870,000 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
the first year in excess of $3,870,000 must be
transferred and credited to the general fund.
Any new receipts credited to that account in
the second year in excess of $3,870,000 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 $2,734,000 each year is for reimbursements
to local governments for peace officer
training costs.
new text end

Sec. 12. new text begin PRIVATE DETECTIVE BOARD new text end

new text begin $ new text end

new text begin 120,000 new text end

new text begin $ new text end

new text begin 120,000 new text end

Sec. 13. new text begin HUMAN RIGHTS new text end

new text begin $ new text end

new text begin 3,297,000 new text end

new text begin $ new text end

new text begin 3,297,000 new text end

new text begin Increased Compliance.
new text end

new text begin $129,000 each year is for two additional
contract compliance officers.
new text end

Sec. 14. new text begin DEPARTMENT 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 481,960,000 new text end

new text begin $ new text end

new text begin 486,537,000 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 344,750,000 new text end

new text begin 348,531,000 new text end

new text begin (a) Chemical Dependency.
new text end

new text begin $1,300,000 each year is for additional
chemical dependency treatment beds.
new text end

new text begin (b) Medical Release Planners.
new text end

new text begin $68,000 the first year and $136,000 the
second year are for two medical release
planners.
new text end

new text begin (c) MINNCOR.
new text end

new text begin Notwithstanding Minnesota Statutes, section
241.27, the commissioner of management
and budget shall transfer $1,700,000 each
year from the Minnesota correctional
industries revolving fund to the general fund.
new text end

new text begin Subd. 3. new text end new text begin Community Services new text end

new text begin 114,967,000 new text end

new text begin 115,494,000 new text end

new text begin (a) Probation Supervision, CCA System.
new text end

new text begin $1,772,000 the first year and $1,773,000 the
second year are added to the Community
Corrections Act subsidy, as described in
Minnesota Statutes, section 401.14.
new text end

new text begin (b) Probation Supervision, CPO System.
new text end

new text begin $242,000 each year is for county probation
officers reimbursement, as described
in Minnesota Statutes, section 244.19,
subdivision 6.
new text end

new text begin Subd. 4. new text end new text begin Operations Support new text end

new text begin 22,243,000 new text end

new text begin 22,512,000 new text end

Sec. 15. new text begin SENTENCING GUIDELINES new text end

new text begin $ new text end

new text begin 886,000 new text end

new text begin $ new text end

new text begin 586,000 new text end

new text begin Electronic Sentencing Worksheet.
new text end

new text begin $300,000 the first year is for a transfer to
the Office of Enterprise Technology for an
electronic sentencing worksheet system. This
appropriation is available until expended.
Any ongoing information technology
support or costs for this application shall be
incorporated into the service-level agreement
and shall be paid to the Office of Enterprise
Technology.
new text end

Sec. 16.

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 begin Such deleted text end new text begin The new 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 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 Any
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 begin such deleted text end new text begin the new text end inmate of
the right to parole or the rights to legal process in the courts of this state.

Sec. 17.

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. 18.

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 begin two
deleted text end new text begin four new 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. 19.

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 $75 deleted text end new text begin $150 new 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. 20.

Laws 2011, First Special Session chapter 1, article 1, section 3, subdivision 3,
is amended to read:

Subd. 3. Civil Legal Services

11,016,000

11,016,000

deleted text begin (a) deleted text end Legal Services to Low-Income
Clients in Family Law Matters. Of this
appropriation, $877,000 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 programs
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.

deleted text begin (b) Case Priorities. For legal services
funded by state funds, priority must be
given to clients with civil matters within the
jurisdiction of the state courts or agencies.
deleted text end

Sec. 21. new text begin JUDICIAL SALARY INCREASE.
new text end

new text begin (a) The salaries of Supreme Court justices, Court of Appeals judges, and district court
judges are increased by three percent on July 1, 2013, and by four percent on July 1, 2014.
new text end

new text begin (b) In addition to the increases specified in paragraph (a), the salaries of Supreme
Court justices, Court of Appeals judges, and district court judges are increased by one
percent on July 1, 2013, if legislation to increase pension fund contribution rates by judges
by one percent has been enacted into law by July 1, 2013. If the salary increases described
in this paragraph do not take effect, the amount necessary to fund this portion of the salary
increase is canceled to the general fund from the appropriations in sections 3 to 5.
new text end

Sec. 22. new text begin INTERAGENCY AGREEMENT.
new text end

new text begin The commissioner of corrections shall execute an interagency agreement with the
commissioner of human services to pay the medical assistance cost attributable to medical
assistance eligibility for inmates of public institutions admitted to hospitals on an inpatient
basis. The amount that must be paid by the Department of Corrections shall include all
state medical assistance costs, including administrative costs, attributable to inmates under
state and county jurisdiction admitted to hospitals on an inpatient basis.
new text end

Sec. 23. 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