SF 803

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 03/27/2017 08:36am

A bill for an act
relating to public safety; 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;
lowering certain court-related fees; amending Minnesota Statutes 2016, sections
271.21, subdivision 2; 357.021, subdivision 2; 357.022; 609.748, subdivision 3a.

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

ARTICLE 1

APPROPRIATIONS

Section 1. 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 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 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 48,530,000 new text end

new text begin $ new text end

new text begin 48,944,000 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 35,385,000 new text end

new text begin 35,799,000 new text end

new text begin Contingent Account. $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 Subd. 3. new text end new text begin Civil Legal Services new text end

new text begin 13,145,000 new text end

new text begin 13,145,000 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 begin COURT OF APPEALS new text end

new text begin $ new text end

new text begin 12,082,000 new text end

new text begin $ new text end

new text begin 12,163,000 new text end

Sec. 4. new text begin DISTRICT COURTS new text end

new text begin $ new text end

new text begin 282,892,000 new text end

new text begin $ new text end

new text begin 285,470,000 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 begin GUARDIAN AD LITEM BOARD new text end

new text begin $ new text end

new text begin 15,547,000 new text end

new text begin $ new text end

new text begin 15,675,000 new text end

Sec. 6. new text begin TAX COURT new text end

new text begin $ new text end

new text begin 1,397,000 new text end

new text begin $ new text end

new text begin 1,401,000 new text end

Sec. 7. new text begin UNIFORM 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 begin BOARD ON JUDICIAL STANDARDS new text end

new text begin $ new text end

new text begin 486,000 new text end

new text begin $ new text end

new text begin 486,000 new text end

new text begin Major Disciplinary Actions. $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 begin BOARD OF PUBLIC DEFENSE new text end

new text begin $ new text end

new text begin 84,083,000 new text end

new text begin $ new text end

new text begin 84,853,000 new text end

Sec. 10. new text begin SENTENCING GUIDELINES new text end

new text begin $ new text end

new text begin 647,000 new text end

new text begin $ new text end

new text begin 651,000 new text end

Sec. 11. new text begin PUBLIC 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 188,106,000 new text end

new text begin $ new text end

new text begin 188,248,000 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 94,763,000 new text end	new text begin 94,876,000 new text end
new text begin Special Revenue new text end	new text begin 13,707,000 new text end	new text begin 13,709,000 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 73,000 new text end	new text begin 73,000 new text end
new text begin Trunk Highway new text end	new text begin 2,341,000 new text end	new text begin 2,356,000 new text end
new text begin 911 Fund new text end	new text begin 77,119,000 new text end	new text begin 77,131,000 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 3,479,000 new text end

new text begin 3,343,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 2,556,000 new text end	new text begin 2,420,000 new text end
new text begin Environmental new text end	new text begin 73,000 new text end	new text begin 73,000 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 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. Of
this amount, $100,000 the first year is for
cases for which there is no identified
responsible party.
new text end

new text begin (b) Supplemental Nonprofit Security Grants
new text end

new text begin $150,000 the first year from the general fund
is for supplemental nonprofit security grants
under this paragraph.
new text end

new text begin Nonprofit organizations whose applications
for funding through the Federal Emergency
Management Agency's nonprofit security grant
program have been approved by the Division
of Homeland Security and Emergency
Management are eligible for grants under this
paragraph. No additional application shall be
required for grants under this paragraph, and
an application for a grant from the federal
program is also an application for funding
from the state supplemental program.
new text end

new text begin Eligible organizations may receive grants of
up to $75,000, except that the total received
by any individual from both the federal
nonprofit security grant program and the state
supplemental nonprofit security grant program
shall not exceed $75,000. Grants shall be
awarded in an order consistent with the
ranking given to applicants for the federal
nonprofit security grant program. No grants
under the state supplemental nonprofit security
grant program shall be awarded until the
announcement of the recipients and the
amount of the grants awarded under the federal
nonprofit security grant program.
new text end

new text begin The commissioner may use up to one percent
of the appropriation received under this
paragraph to pay costs incurred by the
department in administering the supplemental
nonprofit security grant program.
new text end

new text begin Subd. 3. new text end new text begin Criminal Apprehension new text end

new text begin 53,944,000 new text end

new text begin 54,180,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 51,596,000 new text end	new text begin 51,817,000 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 2,341,000 new text end	new text begin 2,356,000 new text end

new text begin DWI Lab Analysis; Trunk Highway Fund.
new text end new text begin Notwithstanding Minnesota Statutes, section
161.20, subdivision 3, $2,341,000 the first
year and $2,356,000 the second year are from
the trunk highway fund for laboratory analysis
related to driving-while-impaired cases.
new text end

new text begin Subd. 4. new text end new text begin Fire Marshal new text end

new text begin 6,123,000 new text end

new text begin 6,167,000 new text end

new text begin Appropriations by Fund new text end
new text begin Special Revenue new text end	new text begin 6,123,000 new text end	new text begin 6,167,000 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 Inspections. new text end new text begin $300,000 each year is for
inspection of senior health care facilities.
new text end

new text begin Subd. 5. new text end new text begin Firefighter Training and Education Board new text end

new text begin 5,987,000 new text end

new text begin 5,943,000 new text end

new text begin Appropriations by Fund new text end
new text begin Special Revenue new text end	new text begin 5,987,000 new text end	new text begin 5,943,000 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) Firefighter Training and Education new text end

new text begin $1,634,000 the first year and $1,590,000 the
second year are for increased firefighter
training and education.
new text end

new text begin (b) Task Force 1 new text end

new text begin $500,000 each year is for an increase to
Minnesota Task Force 1.
new text end

new text begin (c) Air Rescue new text end

new text begin $250,000 each year is to fund the Minnesota
Air Rescue Team.
new text end

new text begin (d) 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. 6. new text end new text begin Alcohol and Gambling Enforcement new text end

new text begin 2,416,000 new text end

new text begin 2,431,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 1,669,000 new text end	new text begin 1,682,000 new text end
new text begin Special Revenue new text end	new text begin 747,000 new text end	new text begin 749,000 new text end

new text begin $677,000 the first year and $679,000 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 Subd. 7. new text end new text begin Office of Justice Programs new text end

new text begin 39,038,000 new text end

new text begin 39,053,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 38,942,000 new text end	new text begin 38,957,000 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 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 Subd. 8. new text end new text begin Emergency Communication Networks new text end

new text begin 77,119,000 new text end

new text begin 77,131,000 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) 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
Emergency Communications 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 Emergency
Communications Board strategic plan.
new text end

Sec. 12. new text begin PEACE 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 4,394,000 new text end

new text begin $ new text end

new text begin 4,398,000 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 360,000 new text end	new text begin 360,000 new text end
new text begin Special Revenue new text end	new text begin 4,034,000 new text end	new text begin 4,038,000 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 $4,034,000 must be
transferred and credited to the general fund.
Any new receipts credited to that account in
the second year in excess of $4,038,000 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 (a) $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 (b) $360,000 each year from the general fund
is for reimbursements to local governments
for peace officer training costs.
new text end

Sec. 13. new text begin PRIVATE DETECTIVE BOARD new text end

new text begin $ new text end

new text begin 190,000 new text end

new text begin $ new text end

new text begin 190,000 new text end

Sec. 14. new text begin HUMAN RIGHTS new text end

new text begin $ new text end

new text begin 4,197,000 new text end

new text begin $ new text end

new text begin 4,212,000 new text end

Sec. 15. new text begin 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 9,200,000 new text end

new text begin $ new text end

new text begin 564,557,000 new text end

new text begin $ new text end

new text begin 555,395,000 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 412,449,000 new text end

new text begin 403,088,000 new text end

new text begin 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 the first year is for the fiscal year
2018 offender health care contract. The base
for this item is $11,400,000 in each of fiscal
years 2020 and 2021.
new text end

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

new text begin 124,885,000 new text end

new text begin 125,026,000 new text end

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

new text begin 27,223,000 new text end

new text begin 27,281,000 new text end

new text begin Critical Technology Needs. new text end new text begin $1,500,000 each
year is to support critical technology needs.
new text end

ARTICLE 2

COURT-RELATED FEE DECREASES

Section 1.

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 $5,000 deleted text end new text begin $15,000 new 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. 2.

Minnesota Statutes 2016, section 357.021, subdivision 2, is amended to read:

Subd. 2.

Fee amounts.

The fees to be charged and collected by the court administrator
shall be as follows:

(1) In every civil action or proceeding in said court, including any case arising under
the tax laws of the state that could be transferred or appealed to the Tax Court, the plaintiff,
petitioner, or other moving party shall pay, when the first paper is filed for that party in said
action, a fee of deleted text begin $310 deleted text end new text begin $280 new text end , except in marriage dissolution actions the fee is deleted text begin $340 deleted text end new text begin $310 new text end .

The defendant or other adverse or intervening party, or any one or more of several
defendants or other adverse or intervening parties appearing separately from the others,
shall pay, when the first paper is filed for that party in said action, a fee of deleted text begin $310 deleted text end new text begin $280 new text end , except
in marriage dissolution actions the fee is deleted text begin $340 deleted text end new text begin $310 new text end . This subdivision does not apply to the
filing of an Application for Discharge of Judgment. Section 548.181 applies to an Application
for Discharge of Judgment.

The party requesting a trial by jury shall pay $100.

The fees above stated shall be the full trial fee chargeable to said parties irrespective of
whether trial be to the court alone, to the court and jury, or disposed of without trial, and
shall include the entry of judgment in the action, but does not include copies or certified
copies of any papers so filed or proceedings under chapter 103E, except the provisions
therein as to appeals.

(2) Certified copy of any instrument from a civil or criminal proceeding, $14, and $8
for an uncertified copy.

(3) Issuing a subpoena, $16 for each name.

(4) Filing a motion or response to a motion in civil, family, excluding child support, and
guardianship cases, deleted text begin $100 deleted text end new text begin $75 new text end .

(5) Issuing an execution and filing the return thereof; issuing a writ of attachment,
injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not specifically
mentioned, $55.

(6) Issuing a transcript of judgment, or for filing and docketing a transcript of judgment
from another court, $40.

(7) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment of
judgment, $5.

(8) Certificate as to existence or nonexistence of judgments docketed, $5 for each name
certified to.

(9) Filing and indexing trade name; or recording basic science certificate; or recording
certificate of physicians, osteopathic physicians, chiropractors, veterinarians, or optometrists,
$5.

(10) For the filing of each partial, final, or annual account in all trusteeships, $55.

(11) For the deposit of a will, $27.

(12) For recording notary commission, $20.

(13) Filing a motion or response to a motion for modification of child support, a fee of
deleted text begin $100 deleted text end new text begin $50 new text end .

(14) All other services required by law for which no fee is provided, such fee as compares
favorably with those herein provided, or such as may be fixed by rule or order of the court.

(15) In addition to any other filing fees under this chapter, a surcharge in the amount of
$75 must be assessed in accordance with section 259.52, subdivision 14, for each adoption
petition filed in district court to fund the fathers' adoption registry under section 259.52.

The fees in clauses (3) and (5) need not be paid by a public authority or the party the
public authority represents.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 3.

Minnesota Statutes 2016, section 357.022, is amended to read:

357.022 CONCILIATION COURT FEE.

The court administrator in every county shall charge and collect a filing fee of deleted text begin $65 deleted text end new text begin $50 new text end
from every plaintiff and from every defendant when the first paper for that party is filed in
any conciliation court action. This section does not apply to conciliation court actions filed
by the state. The court administrator shall transmit the fees monthly to the commissioner
of management and budget for deposit in the state treasury and credit to the general fund.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 4.

Minnesota Statutes 2016, section 609.748, subdivision 3a, is amended to read:

Subd. 3a.

Filing fee; cost of service.

The filing fees for a restraining order under this
section are waived for the petitioner new text begin and the respondent new text end if the petition alleges acts that would
constitute a violation of section 609.749, subdivision 2, 3, 4, or 5, or sections 609.342 to
609.3451. The court administrator and the sheriff of any county in this state shall perform
their duties relating to service of process without charge to the petitioner. The court shall
direct payment of the reasonable costs of service of process if served by a private process
server when the sheriff is unavailable or if service is made by publication. deleted text begin The court may
direct a respondent to pay to the court administrator the petitioner's filing fees and reasonable
costs of service of process if the court determines that the respondent has the ability to pay
the petitioner's fees and costs.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end