Minnesota Legislature
SF 803A
Conference Committee Report - 90th Legislature (2017 - 2018) Posted on 05/09/2017 05:36pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 803
1.3relating to public safety; appropriating money for public safety, courts, corrections,
1.4Guardian Ad Litem Board, Uniform Laws Commission, Board on Judicial
1.5Standards, Board of Public Defense, Sentencing Guidelines, Peace Officer
1.6Standards and Training (POST) Board, Private Detective Board, and Human Rights;
1.7lowering certain court-related fees;amending Minnesota Statutes 2016, sections
1.813.69, subdivision 1; 271.21, subdivision 2; 357.021, subdivision 2; 609.748,
1.9subdivision 3a.
1.10May 8, 2017
1.11The Honorable Michelle L. Fischbach
1.12President of the Senate
1.13The Honorable Kurt L. Daudt
1.14Speaker of the House of Representatives
1.15We, the undersigned conferees for S.F. No. 803 report that we have agreed upon the
1.16items in dispute and recommend as follows:
1.17That the House recede from its amendments and that S.F. No. 803 be further amended
1.18as follows:
1.19Delete everything after the enacting clause and insert:
1.23The sums shown in the columns marked "Appropriations" are appropriated to the agencies
1.24and for the purposes specified in this article. The appropriations are from the general fund,
1.25or another named fund, and are available for the fiscal years indicated for each purpose.
1.26The figures "2018" and "2019" used in this article mean that the appropriations listed under
1.27them are available for the fiscal year ending June 30, 2018, or June 30, 2019, respectively.
1.28"The first year" is fiscal year 2018. "The second year" is fiscal year 2019. "The biennium"
2.1is fiscal years 2018 and 2019. Appropriations for the fiscal year ending June 30, 2017, are
2.2effective the day following final enactment.
2.9The amounts that may be spent for each
2.10purpose are specified in the following
2.11subdivisions.
2.13(a) Contingent Account
2.14$5,000 each year is for a contingent account
2.15for expenses necessary for the normal
2.16operation of the court for which no other
2.17reimbursement is provided.
2.18(b) Harassment Restraining Orders
2.19$993,000 each year is to implement the
2.20changes related to harassment restraining
2.21orders required in article 3. The base for this
2.22activity is $993,000 in fiscal year 2020 and
2.23zero in fiscal year 2021.
2.25Legal Services to Low-Income Clients in
2.26Family Law Matters. $948,000 each year is
2.27to improve the access of low-income clients
2.28to legal representation in family law matters.
2.29This appropriation must be distributed under
2.30Minnesota Statutes, section 480.242, to the
2.31qualified legal services program described in
2.32Minnesota Statutes, section 480.242,
2.33subdivision 2, paragraph (a). Any
2.34unencumbered balance remaining in the first
3.1year does not cancel and is available in the
3.2second year.
3.5(a) New Trial Judges
3.6$884,000 the first year and $818,000 the
3.7second year are for two new trial court judge
3.8units.
3.9(b) Mandated Services
3.10$503,000 the first year and $504,000 the
3.11second year are for mandated court services.
3.12(c) Treatment Courts Stability
3.13$100,000 each year is for treatment courts
3.14stability.
3.17$104,000 each year is for a case management
3.18system.
3.21Major Disciplinary Actions. $125,000 each
3.22year is for special investigative and hearing
3.23costs for major disciplinary actions undertaken
3.24by the board. This appropriation does not
3.25cancel. Any unencumbered and unspent
3.26balances remain available for these
3.27expenditures until June 30, 2021.
4.13The amounts that may be spent for each
4.14purpose are specified in the following
4.15subdivisions.
4.22(a) Hazmat and Chemical Assessment
4.23Teams
4.24$850,000 each year is from the fire safety
4.25account in the special revenue fund. These
4.26amounts must be used to fund the hazardous
4.27materials and chemical assessment teams. Of
4.28this amount, $100,000 the first year is for
4.29cases for which there is no identified
4.30responsible party.
4.31(b) Emergency Response Teams
4.32$550,000 each year is from the fire safety
4.33account in the special revenue fund to maintain
4.34three emergency response teams: one under
5.1the jurisdiction of the St. Cloud Fire
5.2Department or a similarly located fire
5.3department if necessary; one under the
5.4jurisdiction of the Duluth Fire Department;
5.5and one under the jurisdiction of the Moorhead
5.6Fire Department. The commissioner must
5.7allocate the appropriation as follows: (1)
5.8$225,000 each year to the St. Cloud Fire
5.9Department; (2) $225,000 each year to the
5.10Duluth Fire Department; and (3) $100,000
5.11each year to the Moorhead Fire Department.
5.12These are onetime appropriations.
5.13(c) Roseau County Disaster Reimbursement
5.14$750,000 the first year is from the general fund
5.15for distribution to Roseau County for
5.16reimbursement of costs to repair public
5.17infrastructure damaged by the 1999 and 2002
5.18floods.
5.19(d) Supplemental Nonprofit Security Grants
5.20$150,000 the first year is from the general fund
5.21for supplemental nonprofit security grants
5.22under this paragraph.
5.23Nonprofit organizations whose applications
5.24for funding through the Federal Emergency
5.25Management Agency's nonprofit security grant
5.26program have been approved by the Division
5.27of Homeland Security and Emergency
5.28Management are eligible for grants under this
5.29paragraph. No additional application shall be
5.30required for grants under this paragraph, and
5.31an application for a grant from the federal
5.32program is also an application for funding
5.33from the state supplemental program.
6.1Eligible organizations may receive grants of
6.2up to $75,000, except that the total received
6.3by any individual from both the federal
6.4nonprofit security grant program and the state
6.5supplemental nonprofit security grant program
6.6shall not exceed $75,000. Grants shall be
6.7awarded in an order consistent with the
6.8ranking given to applicants for the federal
6.9nonprofit security grant program. No grants
6.10under the state supplemental nonprofit security
6.11grant program shall be awarded until the
6.12announcement of the recipients and the
6.13amount of the grants awarded under the federal
6.14nonprofit security grant program.
6.15The commissioner may use up to one percent
6.16of the appropriation received under this
6.17paragraph to pay costs incurred by the
6.18department in administering the supplemental
6.19nonprofit security grant program.
6.26(a) DWI Lab Analysis; Trunk Highway
6.27Fund
6.28Notwithstanding Minnesota Statutes, section
6.29161.20, subdivision 3, $2,341,000 the first
6.30year and $2,356,000 the second year are from
6.31the trunk highway fund for laboratory analysis
6.32related to driving-while-impaired cases.
6.34$1,000,000 the second year is to be used to
6.35build the predatory registration system. This
7.1appropriation is available until June 30, 2020.
7.2The base for fiscal year 2020 is $3,100,000
7.3and the base for fiscal year 2021 is $400,000
7.4to maintain the system.
7.6$275,000 each year is:
7.7(1) for an additional firearms examiner; and
7.8(2) for additional staff in the drug chemistry
7.9lab.
7.11$169,000 the first year and $47,000 the second
7.12year are for the Bureau of Criminal
7.13Apprehension to implement the changes
7.14related to harassment restraining orders
7.15required in article 3.
7.16(e) Base Adjustment
7.17The base from the general fund for the Bureau
7.18of Criminal Apprehension is $55,239,000 in
7.19fiscal year 2020 and $52,539,000 in fiscal year
7.202021.
7.24The special revenue fund appropriation is from
7.25the fire safety account in the special revenue
7.26fund and is for activities under Minnesota
7.27Statutes, section 299F.012.
7.28Inspections
7.29$300,000 each year is for inspection of nursing
7.30homes and boarding care facilities.
8.2The special revenue fund appropriation is from
8.3the fire safety account in the special revenue
8.4fund and is for activities under Minnesota
8.5Statutes, section 299F.012.
8.7$4,265,000 each year is for firefighter training
8.8and education.
8.9(b) Task Force 1
8.10$500,000 each year is for the Minnesota Task
8.11Force 1.
8.12(c) Air Rescue
8.13$250,000 each year is for the Minnesota Air
8.14Rescue Team.
8.16Any additional unappropriated money
8.17collected in fiscal year 2017 is appropriated
8.18to the commissioner of public safety for the
8.19purposes of Minnesota Statutes, section
8.20299F.012. The commissioner may transfer
8.21appropriations and base amounts between
8.22activities in this subdivision.
8.27$677,000 the first year and $679,000 the
8.28second year are from the alcohol enforcement
8.29account in the special revenue fund. Of this
8.30appropriation, $500,000 each year shall be
8.31transferred to the general fund.
8.32$70,000 each year is from the lawful gambling
8.33regulation account in the special revenue fund.
9.2$90,000 each year is from the general fund for
9.3a field agent or an alcohol educator.
9.10Up to 2.5 percent of the grant funds
9.11appropriated in this subdivision may be used
9.12by the commissioner to administer the grant
9.13program.
9.15$35,000 each year is for additional grants for
9.16Statewide Violent Crime Enforcement Teams.
9.18$250,000 each year is for grants to local law
9.19enforcement agencies to develop strategies
9.20and make efforts to combat the recruitment of
9.21Minnesota residents by terrorist organizations
9.22such as ISIS and al-Shabaab. This is a onetime
9.23appropriation.
9.25$180,000 each year is for grants to state and
9.26local units of government for the following
9.27purposes:
9.28(1) to support new or existing
9.29multijurisdictional entities to investigate sex
9.30trafficking crimes; and
9.31(2) to provide technical assistance, including
9.32training and case consultation, to law
9.33enforcement agencies statewide.
10.2$400,000 each year is for reimbursement
10.3grants to local units of government that operate
10.4pathway to policing programs intended to
10.5bring persons with nontraditional backgrounds
10.6into law enforcement. Applicants for
10.7reimbursement grants may receive up to 50
10.8percent of the cost of compensating and
10.9training pathway to policing participants.
10.10Reimbursement grants shall be proportionally
10.11allocated based on the number of grant
10.12applications approved by the commissioner.
10.14This appropriation is from the state
10.15government special revenue fund for 911
10.16emergency telecommunications services.
10.17This appropriation includes funds for
10.18information technology project services and
10.19support subject to the provisions of Minnesota
10.20Statutes, section 16E.0466. Any ongoing
10.21information technology costs will be
10.22incorporated into the service level agreement
10.23and will be paid to the Office of MN.IT
10.24Services by the Department of Public Safety
10.25under the rates and mechanism specified in
10.26that agreement.
10.28$13,664,000 each year is to be distributed as
10.29provided in Minnesota Statutes, section
10.30403.113, subdivision 2.
10.32$683,000 each year is for grants to the
10.33Minnesota Emergency Medical Services
10.34Regulatory Board for the Metro East and
11.1Metro West Medical Resource
11.2Communication Centers that were in operation
11.3before January 1, 2000.
11.5$23,261,000 each year is to the commissioner
11.6of management and budget to pay debt service
11.7on revenue bonds issued under Minnesota
11.8Statutes, section 403.275.
11.9Any portion of this appropriation not needed
11.10to pay debt service in a fiscal year may be used
11.11by the commissioner of public safety to pay
11.12cash for any of the capital improvements for
11.13which bond proceeds were appropriated by
11.14Laws 2005, chapter 136, article 1, section 9,
11.15subdivision 8; or Laws 2007, chapter 54,
11.16article 1, section 10, subdivision 8.
11.17(d) ARMER State Backbone Operating
11.18Costs
11.19$9,650,000 each year is to the commissioner
11.20of transportation for costs of maintaining and
11.21operating the statewide radio system
11.22backbone.
11.23(e) ARMER Improvements
11.24$1,000,000 each year is to the Statewide
11.25Emergency Communications Board for
11.26improvements to those elements of the
11.27statewide public safety radio and
11.28communication system that support mutual
11.29aid communications and emergency medical
11.30services or provide interim enhancement of
11.31public safety communication interoperability
11.32in those areas of the state where the statewide
11.33public safety radio and communication system
11.34is not yet implemented, and grants to local
12.1units of government to further the strategic
12.2goals set forth by the Statewide Emergency
12.3Communications Board strategic plan.
12.11The amounts that may be spent for each
12.12purpose are specified in the following
12.13subdivisions.
12.15The special revenue fund appropriation is from
12.16the peace officer training account. Any new
12.17receipts credited to that account in the first
12.18year in excess of $4,134,000 must be
12.19transferred and credited to the general fund.
12.20Any new receipts credited to that account in
12.21the second year in excess of $4,138,000 must
12.22be transferred and credited to the general fund.
12.24$2,859,000 each year is from the peace officer
12.25training account in the special revenue fund
12.26for reimbursements to local governments for
12.27peace officer training costs.
12.29$6,500,000 each year is from the general fund
12.30to support and strengthen law enforcement
12.31training and implement best practices. The
12.32base for this activity is $6,500,000 in fiscal
12.33years 2020 and 2021, and zero in fiscal year
12.342022 and thereafter.
13.2$100,000 each year is from the peace officer
13.3training account in the special revenue fund
13.4for training state and local community safety
13.5personnel in the use of crisis de-escalation
13.6techniques. When selecting a service provider
13.7for this training, the board may consult with
13.8any postsecondary institution, any state or
13.9local governmental official, or any
13.10nongovernmental authority the board
13.11determines to be relevant. Among any other
13.12criteria the board may establish, the training
13.13provider must have a demonstrated
13.14understanding of the transitions and challenges
13.15that veterans may experience during their
13.16re-entry into society following combat service.
13.17The board must ensure that training
13.18opportunities provided are reasonably
13.19distributed statewide.
13.24The amounts that may be spent for each
13.25purpose are specified in the following
13.26subdivisions.
13.30$9,200,000 in fiscal year 2017 is to fund a
13.31deficiency in the base budget for the offender
13.32health care contract.
13.33$11,400,000 the first year is for the offender
13.34health care contract.
14.1Prior to entering into a new health care
14.2contract, the commissioner must identify and
14.3directly solicit bids from at least five health
14.4care organizations that provide, or are willing
14.5to provide, health care to prison inmates. In
14.6the department's next report required under
14.7Minnesota Statutes, section 241.016, after
14.8entering a new health care contract, the
14.9commissioner shall:
14.10(1) provide the names and a summary of each
14.11bid proposal from the health care organizations
14.12that submitted a proposal to provide health
14.13care to state inmates; and
14.14(2) explain, in detail, why the commissioner
14.15selected the chosen provider.
14.16The base for offender health care is
14.17$11,400,000 in fiscal years 2020 and 2021.
14.19$500,000 each year is to comply with
14.20requirements of the federal Prison Rape
14.21Elimination Act. The commissioner must limit
14.22the number of juveniles accepted at MCF-Red
14.23Wing so that the staffing-to-offender ratio at
14.24the facility complies with the act.
14.26(a) DOC Supervision Services
14.27$696,000 the first year and $697,000 the
14.28second year are for Department of Corrections
14.29probation and supervised release agents.
14.30(b) Community Corrections Act
14.31$2,100,000 each year is added to the
14.32Community Corrections Act subsidy, as
15.1described in Minnesota Statutes, section
15.2401.14.
15.3(c) County Probation Officer
15.4Reimbursement
15.5$230,000 each year is added to the county
15.6probation officers reimbursement, as described
15.7in Minnesota Statutes, section 244.19,
15.8subdivision 6.
15.11$159,000 the first year and $160,000 the
15.12second year are to fund grants to facilitate
15.13access to community treatment options under
15.14article 3, section 29.
15.16Critical Technology Needs
15.17$1,187,000 each year is to support critical
15.18technology needs.
15.21 Section 1. Minnesota Statutes 2016, section 2.722, subdivision 1, is amended to read:
15.22 Subdivision 1. Description. Effective July 1, 1959, the state is divided into ten judicial
15.23districts composed of the following named counties, respectively, in each of which districts
15.24judges shall be chosen as hereinafter specified:
15.25 1. Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and Sibley; 36 judges; and four
15.26permanent chambers shall be maintained in Red Wing, Hastings, Shakopee, and Glencoe
15.27and one other shall be maintained at the place designated by the chief judge of the district;
15.28 2. Ramsey; 26 judges;
15.29 3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, Waseca, Freeborn, Mower,
15.30and Fillmore; 23 judges; and permanent chambers shall be maintained in Faribault, Albert
15.31Lea, Austin, Rochester, and Winona;
16.1 4. Hennepin; 60 judges;
16.2 5. Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, Lincoln, Cottonwood,
16.3Murray, Nobles, Pipestone, Rock, Faribault, Martin, and Jackson; 16 judges; and permanent
16.4chambers shall be maintained in Marshall, Windom, Fairmont, New Ulm, and Mankato;
16.5 6. Carlton, St. Louis, Lake, and Cook; 15 judges;
16.6 7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail, Stearns, Todd, Clay, Becker, and
16.7Wadena;28 29 judges; and permanent chambers shall be maintained in Moorhead, Fergus
16.8Falls, Little Falls, and St. Cloud;
16.9 8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, Swift, Yellow Medicine, Big
16.10Stone, Grant, Pope, Stevens, Traverse, and Wilkin; 11 judges; and permanent chambers
16.11shall be maintained in Morris, Montevideo, and Willmar;
16.12 9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau, Mahnomen, Pennington, Aitkin,
16.13Itasca, Crow Wing, Hubbard, Beltrami, Lake of the Woods, Clearwater, Cass and
16.14Koochiching;23 24 judges; and permanent chambers shall be maintained in Crookston,
16.15Thief River Falls, Bemidji, Brainerd, Grand Rapids, and International Falls; and
16.16 10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, Chisago, and Washington; 45
16.17judges; and permanent chambers shall be maintained in Anoka, Stillwater, and other places
16.18designated by the chief judge of the district.
16.19 Sec. 2. Minnesota Statutes 2016, section 13.69, subdivision 1, is amended to read:
16.20 Subdivision 1. Classifications. (a) The following government data of the Department
16.21of Public Safety are private data:
16.22 (1) medical data on driving instructors, licensed drivers, and applicants for parking
16.23certificates and special license plates issued to physically disabled persons;
16.24 (2) other data on holders of a disability certificate under section169.345 , except that (i)
16.25data that are not medical data may be released to law enforcement agencies, and (ii) data
16.26necessary for enforcement of sections169.345 and
169.346 may be released to parking
16.27enforcement employees or parking enforcement agents of statutory or home rule charter
16.28cities and towns;
16.29 (3) Social Security numbers in driver's license and motor vehicle registration records,
16.30except that Social Security numbers must be provided to the Department of Revenue for
16.31purposes of tax administration, the Department of Labor and Industry for purposes of
16.32workers' compensation administration and enforcement, the judicial branch for purposes of
17.1debt collection, and the Department of Natural Resources for purposes of license application
17.2administration; and
17.3 (4) data on persons listed as standby or temporary custodians under section171.07,
17.4subdivision 11 , except that the data must be released to:
17.5 (i) law enforcement agencies for the purpose of verifying that an individual is a designated
17.6caregiver; or
17.7 (ii) law enforcement agencies who state that the license holder is unable to communicate
17.8at that time and that the information is necessary for notifying the designated caregiver of
17.9the need to care for a child of the license holder.
17.10 The department may release the Social Security number only as provided in clause (3)
17.11and must not sell or otherwise provide individual Social Security numbers or lists of Social
17.12Security numbers for any other purpose.
17.13 (b) The following government data of the Department of Public Safety are confidential
17.14data: data concerning an individual's driving ability when that data is received from a member
17.15of the individual's family.
17.16 Sec. 3. Minnesota Statutes 2016, section 243.49, is amended to read:
17.17243.49 COMMITMENT PAPERS; DUTY OF COURT ADMINISTRATOR.
17.18Upon a plea of guilty or finding of guilty after trial, the court administrator of every
17.19court which sentences a defendant for a felony or gross misdemeanor to the custody of the
17.20commissioner of corrections or to the superintendent of the workhouse or work farm, shall
17.21provide the officer or person having custody of the defendant a certified record for
17.22commitment, including(1) a copy of the indictment and plea, (2) a transcript of the sentencing
17.23proceedings, with the date thereof, together with the defendant's statement under
oath, if
17.24obtained, as to the defendant's true name, residence, if any, the date and place of
birth, the
17.25names and addresses of parents and other relatives and of employers and others who
know
17.26the defendant well, social and other affiliations, past occupations and employments,
former
17.27places of residence and the period of time and the dates the defendant has resided
in each,
17.28citizenship, the number, dates, places and causes of any prior convictions, and (3)
if the
17.29person pleaded guilty, a transcript of the sentencing proceedings. The record shall also
17.30include the trial judge's impressions of the defendant's mental and physical condition, general
17.31character, capacity, disposition, habits and special needs.The court reporter shall provide
17.32the required transcripts. The certified record for commitment may be used as evidence in
17.33any postconviction proceeding brought by the defendant. The court administrator shall also
18.1deliver to the sheriff or other officer or person conveying the defendant to the correctional
18.2facility, workhouse, or work farm designated by the commissioner of corrections or the
18.3judge a warrant of commitment together with a certified copy of the warrant directing the
18.4conveyor to deliver the person and the certified record for commitment to the principal
18.5officer in charge of the correctional facility, workhouse, or work farm. Upon the delivery
18.6of any person, the principal officer in charge of the correctional facility, workhouse, or work
18.7farm shall keep the certified copy of the warrant of commitment and endorse the principal
18.8officer's receipt upon the original, which shall be filed with the sentencing court. The court
18.9administrator shall retainone copy of the required transcripts, and a tape recording and the
18.10court reporter's notes of allother proceedings.
18.11 Sec. 4. Minnesota Statutes 2016, section 271.21, subdivision 2, is amended to read:
18.12 Subd. 2. Jurisdiction. At the election of the taxpayer, the Small Claims Division shall
18.13have jurisdiction only in the following matters:
18.14(a) cases involving valuation, assessment, or taxation of real or personal property, if:
18.15(i) the issue is a denial of a current year application for the homestead classification for
18.16the taxpayer's property;
18.17(ii) only one parcel is included in the petition, the entire parcel is classified as homestead
18.18class 1a or 1b under section273.13 , and the parcel contains no more than one dwelling unit;
18.19(iii) the entire property is classified as agricultural homestead class 2a or 1b under section
18.20273.13
; or
18.21(iv) the assessor's estimated market value of the property included in the petition is less
18.22than $300,000; or
18.23(b) any case not involving valuation, assessment, or taxation of real and personal property
18.24in which the amount in controversy does not exceed$5,000 $15,000, including penalty and
18.25interest.
18.26EFFECTIVE DATE.This section is effective the day following final enactment.
18.27 Sec. 5. Minnesota Statutes 2016, section 299A.707, subdivision 2, is amended to read:
18.28 Subd. 2. Account purpose, grants. Money in this account shall be allocated by a grant
18.29program administered by the commissioner of public safety through the Office of Justice
18.30Programs. Local units of government and nonprofit organizations are eligible for grants to
18.31establish or operate chemical dependency and mental health treatment programs, programs
19.1that improve supervision, including pretrial and precharge supervision, and programs to
19.2reduce recidivism of controlled substances offenders on probation or supervised release or
19.3participating indrug treatment courts or to fund local participation in drug treatment court
19.4initiatives approved by the Judicial Council.
19.5 Sec. 6. Minnesota Statutes 2016, section 357.42, is amended to read:
19.6357.42DRUG TREATMENT COURT FEES.
19.7 (a) When a court establishes adrug treatment court process, the court may establish one
19.8or more fees for services provided to defendants participating in the process.
19.9 (b) In each fiscal year, the court shall deposit thedrug treatment court participation fees
19.10in the special revenue fund and credit the fees to a separate account for the trial courts. The
19.11balance in this account is appropriated to the trial courts and does not cancel but is available
19.12until expended. Expenditures from this account must be made fordrug treatment court
19.13purposes.
19.14 Sec. 7. Minnesota Statutes 2016, section 358.116, is amended to read:
19.15358.116 COURT DOCUMENTS.
19.16Unless specifically required by court rule, a pleading, motion, affidavit, or other document
19.17filed with a court of the Minnesota judicial branch, or presented to a judge or judicial officer
19.18in support of a request for a court order, warrant, or other relief, is not required to be
19.19notarized. Signing a document filed with the court or presented to a judge or judicial officer
19.20constitutes "verification upon oath or affirmation" as defined in section358.41 , clause (3),
19.21without administration of an oath under section358.07 , provided that the signature, as
19.22defined by court rules, is affixed immediately below a declaration using substantially the
19.23following language: "I declare under penalty of perjury that everything I have stated in this
19.24document is true and correct." In addition to the signature, the date of signing and the county
19.25and state where the document was signed shall be noted on the document. A person who
19.26signs knowing that the document is false in any material respect is guilty of perjury under
19.27section609.48 , even if the date, county, and state of signing are omitted from the document.
19.28 Sec. 8. Minnesota Statutes 2016, section 480.242, subdivision 2, is amended to read:
19.29 Subd. 2. Review of applications; selection of recipients. At times and in accordance
19.30with any procedures as the Supreme Court adopts in the form of court rules, applications
19.31for the expenditure of civil legal services funds shall be accepted from qualified legal services
19.32programs or from local government agencies and nonprofit organizations seeking to establish
20.1qualified alternative dispute resolution programs. The applications shall be reviewed by the
20.2advisory committee, and the advisory committee, subject to review by the Supreme Court,
20.3shall distribute the funds available for this expenditure to qualified legal services programs
20.4or to qualified alternative dispute resolution programs submitting applications. The funds
20.5shall be distributed in accordance with the following formula:
20.6(a) Eighty-five percent of the funds distributed shall be distributed to qualified legal
20.7services programs that have demonstrated an ability as of July 1, 1982, to provide legal
20.8services to persons unable to afford private counsel with funds provided by the federal Legal
20.9Services Corporation. The allocation of funds among the programs selected shall be based
20.10upon the number of persons with incomes below the poverty level established by the United
20.11States Census Bureau who reside in the geographical area served by each program, as
20.12determined by the Supreme Court on the basis of the most recent national census. All funds
20.13distributed pursuant to this clause shall be used for the provision of legal services in civil
20.14and farm legal assistance matters as prioritized by program boards of directors to eligible
20.15clients.
20.16(b) Fifteen percent of the funds distributed may be distributed (1) to other qualified legal
20.17services programs for the provision of legal services in civil matters to eligible clients,
20.18including programs which organize members of the private bar to perform services and
20.19programs for qualified alternative dispute resolution, (2) to programs for training mediators
20.20operated by nonprofit alternative dispute resolution corporations, or (3) to qualified legal
20.21services programs to provide family farm legal assistance for financially distressed state
20.22farmers. The family farm legal assistance must be directed at farm financial problems
20.23including, but not limited to, liquidation of farm property including bankruptcy, farm
20.24foreclosure, repossession of farm assets, restructuring or discharge of farm debt, farm credit
20.25and general debtor-creditor relations, and tax considerations. If all the funds to be distributed
20.26pursuant to this clause cannot be distributed because of insufficient acceptable applications,
20.27the remaining funds shall be distributed pursuant to clause (a).
20.28A person is eligible for legal assistance under this section if the person is an eligible
20.29client as defined in section480.24, subdivision 2 , or:
20.30(1) is a state resident;
20.31(2) is or has been a farmer or a family shareholder of a family farm corporation within
20.32the preceding 24 months;
20.33(3) has a debt-to-asset ratio greater than 50 percent; and
21.1(4) has a reportable federal adjusted gross income of $15,000 or less in the previous
21.2year; and
21.3(5) is financially unable to retain legal representation (4) satisfies the income eligibility
21.4guidelines established under section 480.243, subdivision 1.
21.5Qualifying farmers and small business operators whose bank loans are held by the Federal
21.6Deposit Insurance Corporation are eligible for legal assistance under this section.
21.7 Sec. 9. Minnesota Statutes 2016, section 484.70, subdivision 7, is amended to read:
21.8 Subd. 7. Referee duties. The duties and powers of referees shall be as follows:
21.9(a) Hear and report all matters assigned by the chief judge.
21.10(b) Recommend findings of fact, conclusions of law, temporary and interim orders, and
21.11final orders for judgment.
21.12All recommended orders and findings of a referee shall be subject to confirmation by a
21.13judge.
21.14(c) Upon the conclusion of the hearing in each case, the referee shall transmit to a judge
21.15the court file together with recommended findings and orders in writing. The recommended
21.16findings and orders of a referee become the findings and orders of the court when confirmed
21.17by a judge. The order of the court shall be proof of such confirmation, and also of the fact
21.18that the matter was duly referred to the referees.
21.19(d) Review of any recommended order or finding of a referee by a judge may be by
21.20notice served and filed within ten days of effective notice of the recommended order or
21.21finding. The notice of review shall specify the grounds for review and the specific provisions
21.22of the recommended findings or orders disputed, and the court, upon receipt of a notice of
21.23review, shall set a time and place for a review hearing.
21.24(e) All orders and findings recommended by a referee become an effective order when
21.25countersigned by a judge and remain effective during the pendency of a review, including
21.26a remand to the referee, unless a judge:
21.27(1) expressly stays the effect of the order;
21.28(2) changes the order during the pendency of the review; or
21.29(3) changes or vacates the order upon completion of the review.
22.1(f) Notwithstanding paragraphs (d) and (e), referee orders and decrees in probate or civil
22.2commitment court proceedings, if appealed, must be appealed directly to the Court of
22.3Appeals, in the same manner as judicial orders and decrees.
22.4 Sec. 10. Minnesota Statutes 2016, section 484.702, is amended by adding a subdivision
22.5to read:
22.6 Subd. 6. Expedited child support process. Hearings and proceedings conducted in the
22.7expedited child support process under this section may be reported by use of electronic
22.8recording equipment provided that the equipment meets the minimum standards established
22.9by the state court administrator. Electronic recording equipment must be operated and
22.10monitored by a person who meets the minimum qualifications established by the state court
22.11administrator.
22.12 Sec. 11. Minnesota Statutes 2016, section 486.05, subdivision 1, is amended to read:
22.13 Subdivision 1. Salaries. The salary for each court reporter shall be setannually by the
22.14district administrator as provided in judicial branch personnel policies and collective
22.15bargaining agreements within the range established under section480.181 as provided in
22.16the judicial branch personnel rules.
22.17 Sec. 12. Minnesota Statutes 2016, section 486.06, is amended to read:
22.18486.06 CHARGE FOR TRANSCRIPT.
22.19In addition to the salary set in section486.05 , the court reporter may charge for a
22.20transcript of a record ordered by any person other than the judge50 cents per original folio
22.21thereof and ten cents per folio for each manifold or other copy thereof when so ordered
that
22.22it can be made with the original transcript. The chief judge of the judicial district
may by
22.23order establish new transcript fee ceilings annually at a rate set by the chief justice.
22.24A court reporter may impose a fee authorized under this section only if the transcript is
22.25delivered to the person who ordered it within a reasonable time after it was ordered.
22.26 Sec. 13. Minnesota Statutes 2016, section 513.41, is amended to read:
22.27513.41 DEFINITIONS.
22.28As used in sections513.41 to
513.51 :
22.29(1) "Affiliate" means:
23.1(i) a person that directly or indirectly owns, controls, or holds with power to vote, 20
23.2percent or more of the outstanding voting securities of the debtor, other than a person that
23.3holds the securities,
23.4(A) as a fiduciary or agent without sole discretionary power to vote the securities; or
23.5(B) solely to secure a debt, if the person has not in fact exercised the power to vote;
23.6(ii) a corporation 20 percent or more of whose outstanding voting securities are directly
23.7or indirectly owned, controlled, or held with power to vote, by the debtor or a person that
23.8directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the
23.9outstanding voting securities of the debtor, other than a person that holds the securities,
23.10(A) as a fiduciary or agent without sole discretionary power to vote the securities; or
23.11(B) solely to secure a debt, if the person has not in fact exercised the power to vote;
23.12(iii) a person whose business is operated by the debtor under a lease or other agreement,
23.13or a person substantially all of whose assets are controlled by the debtor; or
23.14(iv) a person that operates the debtor's business under a lease or other agreement or
23.15controls substantially all of the debtor's assets.
23.16(2) "Asset" means property of a debtor, but the term does not include:
23.17(i) property to the extent it is encumbered by a valid lien;
23.18(ii) property to the extent it is generally exempt under nonbankruptcy law; or
23.19(iii) an interest in property held in tenancy by the entireties to the extent it is not subject
23.20to process by a creditor holding a claim against only one tenant.
23.21(3) "Claim" means a right to payment, whether or not the right is reduced to judgment,
23.22liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal,
23.23equitable, secured, or unsecured.
23.24(4) "Creditor" means a person that has a claim.
23.25(5) "Debt" means liability on a claim.
23.26(6) "Debtor" means a person that is liable on a claim.
23.27(7) "Electronic" means relating to technology having electrical, digital, magnetic, wireless,
23.28optical, electromagnetic, or similar capabilities.
23.29(8) "Insider" includes:
23.30(i) if the debtor is an individual,
24.1(A) a relative of the debtor or of a general partner of the debtor;
24.2(B) a partnership in which the debtor is a general partner;
24.3(C) a general partner in a partnership described in subitem (B); or
24.4(D) a corporation of which the debtor is a director, officer, or a person in control;
24.5(ii) if the debtor is a corporation,
24.6(A) a director of the debtor;
24.7(B) an officer of the debtor;
24.8(C) a person in control of the debtor;
24.9(D) a partnership in which the debtor is a general partner;
24.10(E) a general partner in a partnership described in subitem (D); or
24.11(F) a relative of a general partner, director, officer, or person in control of the debtor;
24.12(iii) if the debtor is a partnership,
24.13(A) a general partner in the debtor;
24.14(B) a relative of a general partner in, or a general partner of, or a person in control of
24.15the debtor;
24.16(C) another partnership in which the debtor is a general partner;
24.17(D) a general partner in a partnership described in subitem (C); or
24.18(E) a person in control of the debtor;
24.19(iv) an affiliate, or an insider of an affiliate as if the affiliate were the debtor; and
24.20(v) a managing agent of the debtor.
24.21(9) "Lien" means a charge against or an interest in property to secure payment of a debt
24.22or performance of an obligation, and includes a security interest created by agreement, a
24.23judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or
24.24a statutory lien.
24.25(10) "Organization" means a person other than an individual.
24.26(11) "Person" means an individual, estate, business or nonprofit entity, public corporation,
24.27government or governmental subdivision, agency, or instrumentality, or other legal entity.
24.28(12) "Property" means anything that may be subject of ownership.
25.1(13) "Record" means information that is inscribed on a tangible medium or that is stored
25.2in an electronic or other medium and is retrievable in perceivable form.
25.3(14) "Relative" means an individual related by consanguinity within the third degree as
25.4determined by the common law, a spouse, or an individual related to a spouse within the
25.5third degree as so determined, and includes an individual in an adoptive relationship within
25.6the third degree.
25.7(15) "Sign" means, with present intent to authenticate or adopt a record:
25.8(i) to execute or adopt a tangible symbol; or
25.9(ii) to attach to or logically associate with the record an electronic symbol, sound, or
25.10process.
25.11(16) "Transfer" means every mode, direct or indirect, absolute or conditional, voluntary
25.12or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes
25.13payment of money, release, lease, license, and creation of a lien or other encumbrance.
25.14Transfer does not include a donation or contribution of money or an asset made to a qualified
25.15charitable or religious organization or entity, whether made by a debtor or by any other
25.16person and whether or not the donation or contribution requires or results in a payment
25.17being made by a debtor to the charitable or religious organization pursuant to a promissory
25.18note, stock, bond, debenture, or by any other method, unless the donation or contribution
25.19was made within two years of commencement of an action under sections513.41 to
513.51
25.20against the qualified charitable or religious organization or entity, was made by the debtor,
25.21and:
25.22(i) the debtor made the donation or charitable contribution with actual intent to hinder,
25.23delay, or defraud any creditor of the debtor; or
25.24(ii) the debtor made the donation or charitable contribution and:
25.25(A) was insolvent at the time of the contribution or would be rendered insolvent by
25.26reason of the contribution;
25.27(B) was engaged or was about to engage in a business or a transaction for which the
25.28remaining assets of the debtor were unreasonably small in relation to the business or
25.29transaction; or
25.30(C) intended to incur, or the charitable or religious organization or entity believed or
25.31had reason to believe that the debtor would incur, debts beyond the debtor's ability to pay
25.32as the debts become due.
26.1A transfer of a charitable contribution to a qualified charitable or religious organization
26.2or entity is not considered a transfer covered under item (ii) if the amount of that contribution
26.3did not exceed 15 percent of the gross annual income of the debtor for the year in which
26.4the transfer of the contribution was made; or the contribution exceeded that amount but the
26.5transfer was consistent with practices of the debtor in making charitable contributions.
26.6Transfer does include a return on investment made directly by a qualified charitable or
26.7religious organization or entity. A charitable or religious organization shall not be deemed
26.8to have made an investment by reason of accepting the donation or contribution of a
26.9promissory note, stock, bond, debenture, or other nonmonetary asset nor by extending or
26.10modifying the terms of repayment of the promissory note, stock, bond, debenture, or other
26.11similar nonmonetary asset. "Qualified charitable or religious organization or entity" means
26.12an organization or entity described in United States Code, title 26, section 170(c)(1), (2),
26.13or (3).
26.14(17) "Valid lien" means a lien that is effective against the holder of a judicial lien
26.15subsequently obtained by legal or equitable process or proceedings.
26.16EFFECTIVE DATE.This section is effective the day following final enactment, and
26.17applies to all pending cases and to causes of action arising before, on, or after that date.
26.18 Sec. 14. Minnesota Statutes 2016, section 518.179, subdivision 2, is amended to read:
26.19 Subd. 2. Applicable crimes. This section applies to the following crimes or similar
26.20crimes under the laws of the United States, or any other state:
26.21(1) murder in the first, second, or third degree under section609.185 ,
609.19 , or
609.195 ;
26.22(2) manslaughter in the first degree under section609.20 ;
26.23(3) assault in the first, second, or third degree under section609.221 ,
609.222 , or
609.223 ;
26.24(4) kidnapping under section609.25 ;
26.25(5) depriving another of custodial or parental rights under section609.26 ;
26.26(6) soliciting, inducing, promoting, or receiving profit derived from prostitution involving
26.27a minor under section609.322 ;
26.28(7) criminal sexual conduct in the first degree under section609.342 ;
26.29(8) criminal sexual conduct in the second degree under section609.343 ;
26.30(9) criminal sexual conduct in the third degree under section609.344, subdivision 1 ,
26.31paragraph (c), (f), or (g);
27.1(10) solicitation of a child to engage in sexual conduct under section609.352 ;
27.2(11) incest under section609.365 ;
27.3(12) malicious punishment of a child under section609.377 ;
27.4(13) neglect of a child under section609.378 ;
27.5(14) terroristic threats under section609.713 ; or
27.6(15) felony stalking under section609.749, subdivision 4 ; or
27.7(16) domestic assault by strangulation under section 609.2247.
27.8 Sec. 15. Minnesota Statutes 2016, section 549.09, subdivision 1, is amended to read:
27.9 Subdivision 1. When owed; rate. (a) When a judgment or award is for the recovery of
27.10money, including a judgment for the recovery of taxes, interest from the time of the verdict,
27.11award, or report until judgment is finally entered shall be computed by the court administrator
27.12or arbitrator as provided in paragraph (c) and added to the judgment or award.
27.13(b) Except as otherwise provided by contract or allowed by law, preverdict, preaward,
27.14or prereport interest on pecuniary damages shall be computed as provided in paragraph (c)
27.15from the time of the commencement of the action or a demand for arbitration, or the time
27.16of a written notice of claim, whichever occurs first, except as provided herein. The action
27.17must be commenced within two years of a written notice of claim for interest to begin to
27.18accrue from the time of the notice of claim. If either party serves a written offer of settlement,
27.19the other party may serve a written acceptance or a written counteroffer within 30 days.
27.20After that time, interest on the judgment or award shall be calculated by the judge or arbitrator
27.21in the following manner. The prevailing party shall receive interest on any judgment or
27.22award from the time of commencement of the action or a demand for arbitration, or the time
27.23of a written notice of claim, or as to special damages from the time when special damages
27.24were incurred, if later, until the time of verdict, award, or report only if the amount of its
27.25offer is closer to the judgment or award than the amount of the opposing party's offer. If
27.26the amount of the losing party's offer was closer to the judgment or award than the prevailing
27.27party's offer, the prevailing party shall receive interest only on the amount of the settlement
27.28offer or the judgment or award, whichever is less, and only from the time of commencement
27.29of the action or a demand for arbitration, or the time of a written notice of claim, or as to
27.30special damages from when the special damages were incurred, if later, until the time the
27.31settlement offer was made. Subsequent offers and counteroffers supersede the legal effect
27.32of earlier offers and counteroffers. For the purposes of clause (2), the amount of settlement
27.33offer must be allocated between past and future damages in the same proportion as determined
28.1by the trier of fact. Except as otherwise provided by contract or allowed by law, preverdict,
28.2preaward, or prereport interest shall not be awarded on the following:
28.3(1) judgments, awards, or benefits in workers' compensation cases, but not including
28.4third-party actions;
28.5(2) judgments or awards for future damages;
28.6(3) punitive damages, fines, or other damages that are noncompensatory in nature;
28.7(4) judgments or awards not in excess of the amount specified in section491A.01 ; and
28.8(5) that portion of any verdict, award, or report which is founded upon interest, or costs,
28.9disbursements, attorney fees, or other similar items added by the court or arbitrator.
28.10(c)(1)(i)For a judgment or award of $50,000 or less or a judgment or award for or against
28.11the state or a political subdivision of the state, regardless of the amount, or a judgment or
28.12award in a family court action, regardless of the amount, The interest shall be computed as
28.13simple interest per annum. The rate of interest shall be based on the secondary market yield
28.14of one year United States Treasury bills, calculated on a bank discount basis as provided in
28.15this section.
28.16On or before the 20th day of December of each year the state court administrator shall
28.17determine the rate from the one-year constant maturity treasury yield for the most recent
28.18calendar month, reported on a monthly basis in the latest statistical release of the board of
28.19governors of the Federal Reserve System. This yield, rounded to the nearest one percent,
28.20or four percent, whichever is greater, shall be the annual interest rate during the succeeding
28.21calendar year. The state court administrator shall communicate the interest rates to the court
28.22administrators and sheriffs for use in computing the interest on verdicts and shall make the
28.23interest rates available to arbitrators.
28.24This item applies to any section that references section
549.09 by citation for the purposes
28.25of computing an interest rate on any amount owed to or by the state or a political
subdivision
28.26of the state, regardless of the amount.
28.27(ii) The court, in a family court action, may order a lower interest rate or no interest rate
28.28if the parties agree or if the court makes findings explaining why application of a lower
28.29interest rate or no interest rate is necessary to avoid causing an unfair hardship to the debtor.
28.30This item does not apply to child support or spousal maintenance judgments subject to
28.31section548.091 .
29.1(2)For a judgment or award over $50,000, other than a judgment or award for or against
29.2the state or a political subdivision of the state or a judgment or award in a family
court
29.3action, the interest rate shall be ten percent per year until paid.
29.4(3) When a judgment creditor, or the judgment creditor's attorney or agent, has received
29.5a payment after entry of judgment, whether the payment is made voluntarily by or on behalf
29.6of the judgment debtor, or is collected by legal process other than execution levy where a
29.7proper return has been filed with the court administrator, the judgment creditor, or the
29.8judgment creditor's attorney, before applying to the court administrator for an execution
29.9shall file with the court administrator an affidavit of partial satisfaction. The affidavit must
29.10state the dates and amounts of payments made upon the judgment after the most recent
29.11affidavit of partial satisfaction filed, if any; the part of each payment that is applied to taxable
29.12disbursements and to accrued interest and to the unpaid principal balance of the judgment;
29.13and the accrued, but the unpaid interest owing, if any, after application of each payment.
29.14(d) This section does not apply to arbitrations between employers and employees under
29.15chapter 179 or 179A. An arbitrator is neither required to nor prohibited from awarding
29.16interest under chapter 179 or under section179A.16 for essential employees.
29.17(e) For purposes of this subdivision:
29.18(1) "state" includes a department, board, agency, commission, court, or other entity
in
29.19the executive, legislative, or judicial branch of the state; and
29.20(2) "political subdivision" includes a town, statutory or home rule charter city,
county,
29.21school district, or any other political subdivision of the state.
29.22(e) This section does not apply to a judgment or award upon which interest is entitled
29.23to be recovered under section 60A.0811.
29.24EFFECTIVE DATE.This section is effective August 1, 2017, and applies to judgments
29.25and awards entered on or after that date.
29.26 Sec. 16. Minnesota Statutes 2016, section 609.48, is amended by adding a subdivision to
29.27read:
29.28 Subd. 5. Venue. A violation of subdivision 1, clause (4), may be prosecuted in the county
29.29where the statement, under penalty of perjury, was signed, or the county of the district court
29.30in which the statement was filed.
30.1 Sec. 17. Minnesota Statutes 2016, section 609.748, subdivision 4, is amended to read:
30.2 Subd. 4. Temporary restraining order; relief by court. (a) The court may issue a
30.3temporary restraining order that provides any or all of the following:
30.4(1) orders the respondent to cease or avoid the harassment of another person; or
30.5(2) orders the respondent to have no contact with another person.
30.6(b) The court may issue an order under paragraph (a) if the petitioner files a petition in
30.7compliance with subdivision 3 and if the court finds reasonable grounds to believe that the
30.8respondent has engaged in harassment. When a petition alleges harassment as defined by
30.9subdivision 1, paragraph (a), clause (1), the petition must further allege an immediate and
30.10present danger of harassment before the court may issue a temporary restraining order under
30.11this section. When signed by a referee, the temporary order becomes effective upon the
30.12referee's signature.
30.13(c) Notice need not be given to the respondent before the court issues a temporary
30.14restraining order under this subdivision. A copy of the restraining order must be served on
30.15the respondent along with the order for hearing and petition, as provided in subdivision 3.
30.16If the respondent is a juvenile, whenever possible, a copy of the restraining order, along
30.17with notice of the pendency of the case and the time and place of the hearing, shall also be
30.18served by mail at the last known address upon any parent or guardian of the juvenile
30.19respondent who is not the petitioner. A temporary restraining order may be entered only
30.20against the respondent named in the petition.
30.21(d) The temporary restraining order is in effect until a hearing is held on the issuance of
30.22a restraining order under subdivision 5. The court shall hold the hearing on the issuance of
30.23a restraining order if the petitioner requests a hearing. The hearing may be continued by the
30.24court upon a showing that the respondent has not been served with a copy of the temporary
30.25restraining order despite the exercise of due diligence or if service is made by published
30.26notice under subdivision 3 and the petitioner files the affidavit required under that
30.27subdivision.
30.28(e) If the temporary restraining order has been issued and the respondent requests a
30.29hearing, the hearing shall be scheduled by the court upon receipt of the respondent's request.
30.30Service of the notice of hearing must be made upon the petitioner not less than five days
30.31prior to the hearing. The court shall serve the notice of the hearing upon the petitioner by
30.32mail in the manner provided in the Rules of Civil Procedure for pleadings subsequent to a
30.33complaint and motions and shall also mail notice of the date and time of the hearing to the
30.34respondent. In the event that service cannot be completed in time to give the respondent or
31.1petitioner the minimum notice required under this subdivision, the court may set a new
31.2hearing date.
31.3(f) A request for a hearing under this subdivision must be made within45 20 days after
31.4the temporary restraining order is issued of the date of completed service of the petition.
31.5 Sec. 18. Minnesota Statutes 2016, section 631.52, subdivision 2, is amended to read:
31.6 Subd. 2. Application. Subdivision 1 applies to the following crimes or similar crimes
31.7under the laws of the United States or any other state:
31.8(1) murder in the first, second, or third degree under section609.185 ,
609.19 , or
609.195 ;
31.9(2) manslaughter in the first degree under section609.20 ;
31.10(3) assault in the first, second, or third degree under section609.221 ,
609.222 , or
609.223 ;
31.11(4) kidnapping under section609.25 ;
31.12(5) depriving another of custodial or parental rights under section609.26 ;
31.13(6) soliciting, inducing, promoting, or receiving profit derived from prostitution involving
31.14a minor under section609.322 ;
31.15(7) criminal sexual conduct in the first degree under section609.342 ;
31.16(8) criminal sexual conduct in the second degree under section609.343 ;
31.17(9) criminal sexual conduct in the third degree under section609.344, subdivision 1 ,
31.18paragraph (c), (f), or (g);
31.19(10) solicitation of a child to engage in sexual conduct under section609.352 ;
31.20(11) incest under section609.365 ;
31.21(12) malicious punishment of a child under section609.377 ;
31.22(13) neglect of a child under section609.378 ;
31.23(14) terroristic threats under section609.713 ; or
31.24(15) felony stalking under section609.749 ; or
31.25(16) domestic assault by strangulation under section 609.2247.
31.26 Sec. 19. Minnesota Statutes 2016, section 634.36, is amended to read:
31.27634.36 EVIDENCE OF VIDEOTAPES, AUDIOTAPES, OR OTHER
31.28RECORDINGS.
32.1In any hearing or trial of a criminal offense or petty misdemeanor or proceeding pursuant
32.2to section169A.53, subdivision 3 , evidence of a videotape, audiotape, or electronic or digital
32.3recording prepared by a peace officer, using recording equipment in a law enforcement
32.4vehicle or on the officer's person, while in the performance of official duties shall not be
32.5excluded on the ground that a written transcript of the recording was not prepared and
32.6available at or prior to trial. As used in this section, "peace officer" has the meaning given
32.7in section169A.03, subdivision 18 .
32.8EFFECTIVE DATE.This section is effective July 1, 2017, and applies to trials and
32.9hearings beginning on or after that date.
32.10 Sec. 20. REPEALER.
32.11Minnesota Statutes 2016, sections 169.685, subdivision 4; 486.05, subdivision 1a; and
32.12525.112, are repealed.
32.15 Section 1. Minnesota Statutes 2016, section 3.739, subdivision 1, is amended to read:
32.16 Subdivision 1. Permissible claims. Claims and demands arising out of the circumstances
32.17described in this subdivision shall be presented to, heard, and determined as provided in
32.18subdivision 2:
32.19(1) an injury to or death of an inmate of a state, regional, or local correctional facility
32.20or county jailwho has been conditionally released and ordered to perform while performing
32.21compensated or uncompensated work in the community for a state agency, a political
32.22subdivision or public corporation of this state, a nonprofit educational, medical, or social
32.23service agency, or a private business or individual,as a condition of the release, while
32.24performing the work;
32.25(2) an injury to or death of a person sentenced by a court, granted a suspended sentence
32.26by a court, or subject to a court disposition order, and who, under court order, is performing
32.27work(a) (i) in restitution, (b) (ii) in lieu of or to work off fines or court ordered, court-ordered
32.28costs, or other statutorily authorized correctional fees,(c) (iii) in lieu of incarceration, or
32.29(d) (iv) as a term or condition of a sentence, suspended sentence, or disposition order, while
32.30performing the work;
33.1(3) an injury to or death of a person, who has been diverted from the court system and
33.2who is performing work as described inparagraph clause (1) or (2) under a written agreement
33.3signed by the person, and if a juvenile, by a parent or guardian; and
33.4(4) an injury to or death of any person caused by an individual who was performing
33.5work as described inparagraph clause (1), (2), or (3).
33.6 Sec. 2. Minnesota Statutes 2016, section 152.105, is amended to read:
33.7152.105 DISPOSAL.
33.8 Subdivision 1. Disposal of controlled substances. Controlled substances listed in section
33.9152.02, subdivisions 3
to 6, may be collected and disposed of only pursuant to the provisions
33.10of Code of Federal Regulations, title 21, parts 1300, 1301, 1304, 1305, 1307, and 1317, that
33.11are applicable to the disposal of controlled substances. Disposal of controlled substances
33.12and legend and nonlegend drugs must also comply with the requirements of section116.07
33.13governing the disposal of hazardous waste, and the rules promulgated thereunder.
33.14 Subd. 2. Sheriff to maintain collection receptacle. The sheriff of each county shall
33.15maintain or contract for the maintenance of at least one collection receptacle for the disposal
33.16of noncontrolled substances, pharmaceutical controlled substances, and other legend drugs,
33.17as permitted by federal law. For purposes of this section, "legend drug" has the meaning
33.18given in section 151.01, subdivision 17. The collection receptacle must comply with federal
33.19law. In maintaining and operating the collection receptacle, the sheriff shall follow all
33.20applicable provisions of Code of Federal Regulations, title 21, parts 1300, 1301, 1304, 1305,
33.211307, and 1317, as amended through May 1, 2017.
33.22 Sec. 3. Minnesota Statutes 2016, section 171.015, is amended by adding a subdivision to
33.23read:
33.24 Subd. 7. Rulemaking limitation. (a) Notwithstanding any law to the contrary, the
33.25commissioner is prohibited from adopting any final rule that amends, conflicts with, or has
33.26the effect of modifying requirements in Minnesota Rules, parts 7410.0100 to 7410.0800.
33.27(b) This subdivision does not constitute authorization for the commissioner to adopt
33.28rules absent authority otherwise provided by other law.
33.29EFFECTIVE DATE.This section is effective the day following final enactment.
34.1 Sec. 4. Minnesota Statutes 2016, section 241.01, subdivision 3a, is amended to read:
34.2 Subd. 3a. Commissioner, powers and duties. The commissioner of corrections has the
34.3following powers and duties:
34.4(a) To accept persons committed to the commissioner by the courts of this state for care,
34.5custody, and rehabilitation.
34.6(b) To determine the place of confinement of committed persons in a correctional facility
34.7or other facility of the Department of Corrections and to prescribe reasonable conditions
34.8and rules for their employment, conduct, instruction, and discipline within or outside the
34.9facility. Inmates shall not exercise custodial functions or have authority over other inmates.
34.10(c) To administer the money and property of the department.
34.11(d) To administer, maintain, and inspect all state correctional facilities.
34.12(e) To transfer authorized positions and personnel between state correctional facilities
34.13as necessary to properly staff facilities and programs.
34.14(f) To utilize state correctional facilities in the manner deemed to be most efficient and
34.15beneficial to accomplish the purposes of this section, but not to close the Minnesota
34.16Correctional Facility-Stillwater or the Minnesota Correctional Facility-St. Cloud without
34.17legislative approval. The commissioner may place juveniles and adults at the same state
34.18minimum security correctional facilities, if there is total separation of and no regular contact
34.19between juveniles and adults, except contact incidental to admission, classification, and
34.20mental and physical health care.
34.21(g) To organize the department and employ personnel the commissioner deems necessary
34.22to discharge the functions of the department, including a chief executive officer for each
34.23facility under the commissioner's control who shall serve in the unclassified civil service
34.24and may, under the provisions of section43A.33 , be removed only for cause.
34.25(h) To define the duties of these employees and to delegate to them any of the
34.26commissioner's powers, duties and responsibilities, subject to the commissioner's control
34.27and the conditions the commissioner prescribes.
34.28(i) To annually develop a comprehensive set of goals and objectives designed to clearly
34.29establish the priorities of the Department of Corrections. This report shall be submitted to
34.30the governor commencing January 1, 1976. The commissioner may establish ad hoc advisory
34.31committees.
35.1(j) The commissioner may not expand the bed capacity of an existing adult male
35.2correctional facility or build a new adult male correctional facility, or propose or seek
35.3funding for either, unless the commissioner submits to the legislature an outside, independent
35.4appraisal estimating the market value of the existing prison facility located in Appleton,
35.5Minnesota. The appraisal must have been completed within 90 days of submission to the
35.6legislature. This requirement does not apply if the Appleton facility is in use in a manner
35.7that makes it unavailable to meet the department's prison capacity needs.
35.8 Sec. 5. Minnesota Statutes 2016, section 243.05, subdivision 1, is amended to read:
35.9 Subdivision 1. Conditional release. (a) The commissioner of corrections may parole
35.10any person sentenced to confinement in any state correctional facility for adults under the
35.11control of the commissioner of corrections, provided that:
35.12(1) no inmate serving a life sentence for committing murder before May 1, 1980, other
35.13than murder committed in violation of clause (1) of section609.185 who has not been
35.14previously convicted of a felony shall be paroled without having served 20 years, less the
35.15diminution that would have been allowed for good conduct had the sentence been for 20
35.16years;
35.17(2) no inmate serving a life sentence for committing murder before May 1, 1980, who
35.18has been previously convicted of a felony or though not previously convicted of a felony
35.19is serving a life sentence for murder in the first degree committed in violation of clause (1)
35.20of section609.185 shall be paroled without having served 25 years, less the diminution
35.21which would have been allowed for good conduct had the sentence been for 25 years;
35.22(3) any inmate sentenced prior to September 1, 1963, who would be eligible for parole
35.23had the inmate been sentenced after September 1, 1963, shall be eligible for parole; and
35.24(4) any new rule or policy or change of rule or policy adopted by the commissioner of
35.25corrections which has the effect of postponing eligibility for parole has prospective effect
35.26only and applies only with respect to persons committing offenses after the effective date
35.27of the new rule or policy or change.
35.28(b) Upon being paroled and released, an inmate is and remains in the legal custody and
35.29under the control of the commissioner, subject at any time to be returned to a facility of the
35.30Department of Corrections established by law for the confinement or treatment of convicted
35.31persons and the parole rescinded by the commissioner.
35.32(c) The written order of the commissioner of corrections, is sufficient authority for any
35.33peace officer, state correctional investigator, or state parole and probation agent to retake
36.1and place in actual custody any person on parole or supervised release. In addition, when
36.2it appears necessary in order to prevent escape or enforce discipline, any state parole and
36.3probation agent or state correctional investigator may, without order of warrant, take and
36.4detain a parolee or person on supervised release or work release and bring the person to the
36.5commissioner for action.
36.6(d) The written order of the commissioner of corrections is sufficient authority for any
36.7peace officer, state correctional investigator, or state parole and probation agent to retake
36.8and place in actual custody any person on probation under the supervision of the
36.9commissioner pursuant to section609.135 . Additionally, when it appears necessary in order
36.10to prevent escape or enforce discipline, any state parole and probation agent or state
36.11correctional investigator may, without an order, retake and detain a probationer and bring
36.12the probationer before the court for further proceedings under section609.14 .
36.13(e) The written order of the commissioner of corrections is sufficient authority for any
36.14peace officer, state correctional investigator, or state parole and probation agent to detain
36.15any person on pretrial release who absconds from pretrial release or fails to abide by the
36.16conditions of pretrial release.
36.17(f) Persons conditionally released, and those on probation under the supervision of the
36.18commissioner of corrections pursuant to section609.135 may be placed within or outside
36.19the boundaries of the state at the discretion of the commissioner of corrections or the court,
36.20and the limits fixed for these persons may be enlarged or reduced according to their conduct.
36.21(g) Except as otherwise provided in subdivision 1b, in considering applications for
36.22conditional release or discharge, the commissioner is not required to hear oral argument
36.23from any attorney or other person not connected with an adult correctional facility of the
36.24Department of Corrections in favor of or against the parole or release of any inmates. The
36.25commissioner may institute inquiries by correspondence, taking testimony, or otherwise,
36.26as to the previous history, physical or mental condition, and character of the inmate and, to
36.27that end, has the authority to require the attendance of the chief executive officer of any
36.28state adult correctional facility and the production of the records of these facilities, and to
36.29compel the attendance of witnesses. The commissioner is authorized to administer oaths to
36.30witnesses for these purposes.
36.31(h) Unless the district court directs otherwise, state parole and probation agents may
36.32require a person who is under the supervision of the commissioner of corrections to perform
36.33community work service for violating a condition of probation imposed by the court.
36.34Community work service may be imposed for the purpose of protecting the public, to aid
37.1the offender's rehabilitation, or both. Agents may impose up to eight hours of community
37.2work service for each violation and up to a total of 24 hours per offender per 12-month
37.3period, beginning with the date on which community work service is first imposed. The
37.4commissioner may authorize an additional 40 hours of community work services, for a total
37.5of 64 hours per offender per 12-month period, beginning with the date on which community
37.6work service is first imposed. At the time community work service is imposed, parole and
37.7probation agents are required to provide written notice to the offender that states:
37.8(1) the condition of probation that has been violated;
37.9(2) the number of hours of community work service imposed for the violation; and
37.10(3) the total number of hours of community work service imposed to date in the 12-month
37.11period.
37.12An offender may challenge the imposition of community work service by filing a petition
37.13in district court. An offender must file the petition within five days of receiving written
37.14notice that community work service is being imposed. If the offender challenges the
37.15imposition of community work service, the state bears the burden of showing, by a
37.16preponderance of the evidence, that the imposition of community work service is reasonable
37.17under the circumstances.
37.18Community work service includes sentencing to service.
37.19(i) Prior to revoking a nonviolent controlled substance offender's parole or probation
37.20based on a technical violation, when the offender does not present a risk to the public and
37.21the offender is amenable to continued supervision in the community, a parole or probation
37.22agent must identify community options to address and correct the violation including, but
37.23not limited to, inpatient chemical dependency treatment. If a probation or parole agent
37.24determines that community options are appropriate, the agent shall seek to restructure the
37.25offender's terms of release to incorporate those options. If an offender on probation stipulates
37.26in writing to restructure the terms of release, a probation agent must forward a report to the
37.27district court containing:
37.28(1) the specific nature of the technical violation of probation;
37.29(2) the recommended restructure to the terms of probation; and
37.30(3) a copy of the offender's signed stipulation indicating that the offender consents to
37.31the restructuring of probation.
37.32The recommended restructuring of probation becomes effective when confirmed by a
37.33judge. The order of the court shall be proof of such confirmation and amend the terms of
38.1the sentence imposed by the court under section 609.135. If a nonviolent controlled substance
38.2offender's parole or probation is revoked, the offender's agent must first attempt to place
38.3the offender in a local jail. For purposes of this paragraph, "nonviolent controlled substance
38.4offender" is a person who meets the criteria described under section 244.0513, subdivision
38.52, clauses (1), (2), and (5), and "technical violation" means any violation of a court order
38.6of probation or a condition of parole, except an allegation of a subsequent criminal act that
38.7is alleged in a formal complaint, citation, or petition.
38.8 Sec. 6. Minnesota Statutes 2016, section 243.17, subdivision 1, is amended to read:
38.9 Subdivision 1. Allowed expenses. Thenecessary expenses of sheriffs and other peace
38.10officers commissioner of management and budget shall pay out of the state treasury to the
38.11commissioner of corrections each fiscal year the amount necessary to offset expenses
38.12incurredin conveying to convey convicted persons and children adjudicated delinquent and
38.13committed to the custody of the commissioner of corrections to the appropriate adult or
38.14juvenile correctional facility as designated by the commissioner of corrections, including
38.15per diem and expenses of correctional officers, shall be allowed by the commissioner
of
38.16management and budget and paid out of the state treasury. The commissioner of management
38.17and budget may allow and pay for the necessary expenses incurred by the sheriff, deputy,
38.18or other peace officer in going to and returning from the correctional facility and
$10 per
38.19day for each correctional officer. Not more than one correctional officer shall be
allowed
38.20for one prisoner, but one additional correctional officer shall be allowed for every
two
38.21additional prisoners. All bills shall be in writing, fully itemized, verified, and
accompanied
38.22by the receipt of the chief executive officer of the facility for the delivery of
the convicted
38.23or adjudicated persons, in a form prescribed by the commissioner of management and
38.24budget. The total amount of payments shall not exceed $500,000 each fiscal year. Payments
38.25shall be made one or two times each fiscal year based on a fee schedule agreed to by the
38.26Department of Corrections and the Minnesota Sheriffs' Association.
38.27 Sec. 7. Minnesota Statutes 2016, section 244.05, subdivision 3, is amended to read:
38.28 Subd. 3. Sanctions for violation. If an inmate violates the conditions of the inmate's
38.29supervised release imposed by the commissioner, the commissioner may:
38.30(1) continue the inmate's supervised release term, with or without modifying or enlarging
38.31the conditions imposed on the inmate; or
38.32(2) revoke the inmate's supervised release and reimprison the inmate for the appropriate
38.33period of time.
39.1Prior to revoking a nonviolent controlled substance offender's supervised release based
39.2on a technical violation, when the offender does not present a risk to the public and the
39.3offender is amenable to continued supervision in the community, the commissioner must
39.4identify community options to address and correct the violation including, but not limited
39.5to, inpatient chemical dependency treatment. If the commissioner determines that community
39.6options are appropriate, the commissioner shall restructure the inmate's terms of release to
39.7incorporate those options. If a nonviolent controlled substance offender's supervised release
39.8is revoked, the offender's agent must first attempt to place the offender in a local jail. For
39.9purposes of this subdivision, "nonviolent controlled substance offender" is a person who
39.10meets the criteria described under section 244.0513, subdivision 2, clauses (1), (2), and (5),
39.11and "technical violation" means a violation of a condition of supervised release, except an
39.12allegation of a subsequent criminal act that is alleged in a formal complaint, citation, or
39.13petition.
39.14The period of time for which a supervised release may be revoked may not exceed the
39.15period of time remaining in the inmate's sentence, except that if a sex offender is sentenced
39.16and conditionally released under Minnesota Statutes 2004, section609.108, subdivision 5 ,
39.17the period of time for which conditional release may be revoked may not exceed the balance
39.18of the conditional release term.
39.19 Sec. 8. Minnesota Statutes 2016, section 244.198, is amended by adding a subdivision to
39.20read:
39.21 Subd. 1a. Alternatives to incarceration. At a sanctions conference regarding a
39.22nonviolent controlled substance offender, when the offender does not present a risk to the
39.23public and the offender is amenable to continued supervision in the community, a probation
39.24agency must identify community options to address and correct the violation including, but
39.25not limited to, inpatient chemical dependency treatment. If the agency determines that
39.26community options are appropriate, the county probation officer shall recommend a sanction
39.27that incorporates those options. For purposes of this subdivision, "nonviolent controlled
39.28substance offender" is a person who meets the criteria described under section 244.0513,
39.29subdivision 2, clauses (1), (2), and (5).
39.30 Sec. 9. Minnesota Statutes 2016, section 299A.55, subdivision 2, is amended to read:
39.31 Subd. 2. Railroad and pipeline safety account. (a) A railroad and pipeline safety
39.32account is created in the special revenue fund. The account consists of funds collected under
39.33subdivision 4 and funds donated, allotted, transferred, or otherwise provided to the account.
40.1 (b) $104,000 is annually appropriated from the railroad and pipeline safety account to
40.2the commissioner of the Pollution Control Agency for environmental protection activities
40.3related to railroad discharge preparedness under chapter 115E.
40.4(c) $600,000 in fiscal year 2018 and $600,000 in fiscal year 2019 are appropriated from
40.5the railroad and pipeline safety account to the commissioner of transportation for improving
40.6safety at railroad grade crossings.
40.7(d) Following the appropriation inparagraph paragraphs (b) and (c), the remaining
40.8money in the account is annually appropriated to the commissioner of public safety for the
40.9purposes specified in subdivision 3.
40.10 Sec. 10. Minnesota Statutes 2016, section 299C.46, subdivision 6, is amended to read:
40.11 Subd. 6. Orders for protection and no contact orders. (a) As used in this subdivision,
40.12"no contact orders" include orders issued as pretrial orders under section629.72, subdivision
40.132 , orders under section
629.75 , and orders issued as probationary or sentencing orders at
40.14the time of disposition in a criminal domestic abuse case.
40.15(b) The data communications network must include orders for protection issued under
40.16section518B.01 and, harassment restraining orders, and no contact orders issued against
40.17adults and juveniles. A no contact order must be accompanied by a photograph of the
40.18offender for the purpose of enforcement of the order, if a photograph is available and verified
40.19by the court to be an image of the defendant.
40.20(c) Data from orders for protection, harassment restraining orders, or no contact orders
40.21and data entered by law enforcement to assist in the enforcement of those orders are classified
40.22as private data on individuals as defined in section13.02, subdivision 12 . Data about the
40.23offender can be shared with the victim for purposes of enforcement of the order.
40.24 Sec. 11. Minnesota Statutes 2016, section 609.14, is amended by adding a subdivision to
40.25read:
40.26 Subd. 2a. Alternatives to incarceration. (a) A probation agent must present the court
40.27with local options to address and correct the violation including, but not limited to, inpatient
40.28chemical dependency treatment when the defendant at a summary hearing provided by
40.29subdivision 2 is:
40.30(1) a nonviolent controlled substance offender;
40.31(2) subject to supervised probation;
41.1(3) appearing based on a technical violation; and
41.2(4) admitting or found to have violated any of the conditions of probation.
41.3(b) For purposes of this subdivision, "nonviolent controlled substance offender" is a
41.4person who meets the criteria described under section 244.0513, subdivision 2, clauses (1),
41.5(2), and (5), and "technical violation" has the meaning given in section 244.196, subdivision
41.66.
41.7 Sec. 12. Minnesota Statutes 2016, section 609.475, is amended to read:
41.8609.475 IMPERSONATINGOFFICER A MILITARY SERVICE MEMBER,
41.9VETERAN, OR PUBLIC OFFICIAL.
41.10Whoever falsely impersonatesa police or military officer an active or reserve component
41.11military service member, veteran, or public official with intent tomislead another into
41.12believing that the impersonator is actually such officer or official wrongfully obtain money,
41.13property, or any other tangible benefit is guilty of a misdemeanor.
41.14EFFECTIVE DATE.This section is effective August 1, 2017, and applies to crimes
41.15committed on or after that date.
41.16 Sec. 13. [609.4751] IMPERSONATING A PEACE OFFICER.
41.17 Subdivision 1. Misdemeanor. Whoever falsely impersonates a peace officer with intent
41.18to mislead another into believing that the impersonator is actually an officer is guilty of a
41.19misdemeanor.
41.20 Subd. 2. Gross misdemeanor. Whoever violates subdivision 1 while committing any
41.21of the following acts is guilty of a gross misdemeanor:
41.22(1) gaining access to a public building or government facility that is not open to the
41.23public;
41.24(2) without legal authority, directing or ordering another person to act or refrain from
41.25acting;
41.26(3) violating section 169.64, subdivision 2, 3, or 4, or the siren provisions of section
41.27169.68; or
41.28(4) operating a motor vehicle marked:
41.29(i) with the word or words "police," "patrolman," "sheriff," "deputy," "trooper," "state
41.30patrol," "conservation officer," "agent," or "marshal"; or
42.1(ii) with any lettering, marking, or insignia, or colorable imitation thereof, including,
42.2but not limited to, stars, badges, or shields identifying the vehicle as a law enforcement
42.3vehicle, and which a reasonable person would believe is a law enforcement vehicle governed
42.4under section 169.98, subdivision 1.
42.5 Subd. 3. Felony. Whoever violates this section within five years of a previous violation
42.6of this section is guilty of a felony and may be sentenced to imprisonment for not more than
42.7two years or to payment of a fine of not more than $4,000, or both.
42.8EFFECTIVE DATE.This section is effective August 1, 2017, and applies to crimes
42.9committed on or after that date.
42.10 Sec. 14. Minnesota Statutes 2016, section 609.595, subdivision 1, is amended to read:
42.11 Subdivision 1. Criminal damage to property in the first degree. Whoever intentionally
42.12causes damage to physical property of another without the latter's consent may be sentenced
42.13to imprisonment for not more than five years or to payment of a fine of not more than
42.14$10,000, or both, if:
42.15 (1) the damage to the property caused a reasonably foreseeable risk of bodily harm; or
42.16 (2) the property damaged was a public safety motor vehicle, the defendant knew the
42.17vehicle was a public safety motor vehicle, and the damage to the vehicle caused a substantial
42.18interruption or impairment of public safety service or a reasonably foreseeable risk of bodily
42.19harm; or
42.20 (3) the property damaged belongs to a common carrier and the damage impairs the
42.21service to the public rendered by the carrier; or
42.22(3) (4) the damage reduces the value of the property by more than $1,000 measured by
42.23the cost of repair and replacement; or
42.24(4) (5) the damage reduces the value of the property by more than $500 measured by
42.25the cost of repair and replacement and the defendant has been convicted within the preceding
42.26three years of an offense under this subdivision or subdivision 2.
42.27 In any prosecution under clause(3) (4), the value of any property damaged by the
42.28defendant in violation of that clause within any six-month period may be aggregated and
42.29the defendant charged accordingly in applying the provisions of this section; provided that
42.30when two or more offenses are committed by the same person in two or more counties, the
42.31accused may be prosecuted in any county in which one of the offenses was committed for
42.32all of the offenses aggregated under this paragraph.
43.1EFFECTIVE DATE.This section is effective August 1, 2017, and applies to crimes
43.2committed on or after that date.
43.3 Sec. 15. Minnesota Statutes 2016, section 609.595, subdivision 2, is amended to read:
43.4 Subd. 2. Criminal damage to property in the third degree. (a) Except as otherwise
43.5provided in subdivision 1a, whoever intentionally causes damage to another person's physical
43.6property without the other person's consent may be sentenced to imprisonment for not more
43.7than one year or to payment of a fine of not more than $3,000, or both, if: (1) the damage
43.8reduces the value of the property by more than $500 but not more than $1,000 as measured
43.9by the cost of repair and replacement; or (2) the damage was to a public safety motor vehicle
43.10and the defendant knew the vehicle was a public safety motor vehicle.
43.11 (b) Whoever intentionally causes damage to another person's physical property without
43.12the other person's consent because of the property owner's or another's actual or perceived
43.13race, color, religion, sex, sexual orientation, disability as defined in section363A.03 , age,
43.14or national origin may be sentenced to imprisonment for not more than one year or to
43.15payment of a fine of not more than $3,000, or both, if the damage reduces the value of the
43.16property by not more than $500.
43.17 (c) In any prosecution under paragraph (a), clause (1), the value of property damaged
43.18by the defendant in violation of that paragraph within any six-month period may be
43.19aggregated and the defendant charged accordingly in applying this section. When two or
43.20more offenses are committed by the same person in two or more counties, the accused may
43.21be prosecuted in any county in which one of the offenses was committed for all of the
43.22offenses aggregated under this paragraph.
43.23EFFECTIVE DATE.This section is effective August 1, 2017, and applies to crimes
43.24committed on or after that date.
43.25 Sec. 16. Minnesota Statutes 2016, section 609.595, is amended by adding a subdivision
43.26to read:
43.27 Subd. 4. Definitions. (a) As used in this section, "public safety motor vehicle" includes:
43.28(1) marked vehicles used by law enforcement agencies and specially marked vehicles
43.29permitted under section 169.98, subdivision 2a, owned or leased by the state or a political
43.30subdivision;
43.31(2) fire apparatuses, including fire-suppression support vehicles, owned or leased by the
43.32state or a political subdivision;
44.1(3) ambulances owned or leased by the state or a political subdivision;
44.2(4) vehicles owned by ambulance services licensed under section 144E.10 that are
44.3equipped and specifically intended for emergency response or providing ambulance services;
44.4and
44.5(5) marked vehicles used by conservation officers of the Division of Enforcement and
44.6Field Service of the Department of Natural Resources.
44.7(b) As used in subdivision 1, clause (2), and subdivision 2, paragraph (a), clause (2),
44.8"damage" includes tampering with a public safety motor vehicle and acts that obstruct or
44.9interfere with the vehicle's use.
44.10EFFECTIVE DATE.This section is effective August 1, 2017, and applies to crimes
44.11committed on or after that date.
44.12 Sec. 17. Minnesota Statutes 2016, section 609.605, is amended by adding a subdivision
44.13to read:
44.14 Subd. 4a. Trespass on a school bus. (a) As used in this subdivision, "school bus" has
44.15the meaning given in section 169.011, subdivision 71.
44.16(b) As used in this subdivision, "pupils" means persons in grades prekindergarten through
44.17grade 12.
44.18(c) A person who boards a school bus when the bus is on its route or otherwise in
44.19operation, or while it has pupils on it, and who refuses to leave the bus on demand of the
44.20bus operator, is guilty of a misdemeanor.
44.21EFFECTIVE DATE.This section is effective August 1, 2017, and applies to violations
44.22committed on or after that date.
44.23 Sec. 18. Minnesota Statutes 2016, section 609.74, is amended to read:
44.24609.74 PUBLIC NUISANCE.
44.25(a) Whoever by an act or failure to perform a legal duty intentionally does any of the
44.26following is guilty of maintaining a public nuisance, which is a misdemeanor:
44.27(1) maintains or permits a condition which unreasonably annoys, injures or endangers
44.28the safety, health, morals, comfort, or repose of any considerable number of members of
44.29the public; or
45.1(2) except as provided in paragraph (b), interferes with, obstructs, or renders dangerous
45.2for passage, any public highway or right-of-way, or waters used by the public; or
45.3(3) is guilty of any other act or omission declared by law to be a public nuisance and for
45.4which no sentence is specifically provided.
45.5(b) It is a gross misdemeanor for a person to interfere with or obstruct traffic that is
45.6entering, exiting, or on a freeway or entering, exiting, or on a public roadway within the
45.7boundaries of airport property with the intent to interfere with, obstruct, or otherwise disrupt
45.8traffic. This paragraph does not apply to the actions of law enforcement or other emergency
45.9responders, road or airport authorities, or utility officials, or their agents, employees, or
45.10contractors when carrying out duties imposed by law or contract. For purposes of this
45.11paragraph: (1) "airport" means an airport that has a control tower and airline service; and
45.12(2) "freeway" means any section of a divided highway where the only access and egress for
45.13vehicular traffic is from entrance and exit ramps.
45.14EFFECTIVE DATE.This section is effective August 1, 2017, and applies to crimes
45.15committed on or after that date.
45.16 Sec. 19. Minnesota Statutes 2016, section 609.748, subdivision 3, is amended to read:
45.17 Subd. 3. Contents of petition; hearing; notice. (a) A petition for relief must allege
45.18facts sufficient to show the following:
45.19 (1) the name of the alleged harassment victim;
45.20 (2) the name of the respondent; and
45.21 (3) that the respondent has engaged in harassment.
45.22A petition for relief must state whether the petitioner has had a previous restraining order
45.23in effect against the respondent. The petition shall be accompanied by an affidavit made
45.24under oath stating the specific facts and circumstances from which relief is sought. The
45.25court shall provide simplified forms and clerical assistance to help with the writing and
45.26filing of a petition under this section and shall advise the petitioner of the right to sue in
45.27forma pauperis under section563.01 . The court shall advise the petitioner of the right to
45.28request a hearing. If the petitioner does not request a hearing, the court shall advise the
45.29petitioner that the respondent may request a hearing and that notice of the hearing date and
45.30time will be provided to the petitioner by mail at least five days before the hearing. Upon
45.31receipt of the petition and a request for a hearing by the petitioner, the court shall order a
45.32hearing. Personal service must be made upon the respondent not less than five days before
45.33the hearing. If personal service cannot be completed in time to give the respondent the
46.1minimum notice required under this paragraph, the court may set a new hearing date. Nothing
46.2in this section shall be construed as requiring a hearing on a matter that has no merit.
46.3 (b) Notwithstanding paragraph (a), the order for a hearing and a temporary order issued
46.4under subdivision 4 may be served on the respondent by means of a one-week published
46.5notice under section645.11 , if:
46.6 (1) the petitioner files an affidavit with the court stating that an attempt at personal
46.7service made by asheriff peace officer was unsuccessful because the respondent is avoiding
46.8service by concealment or otherwise; and
46.9 (2) a copy of the petition and order for hearing and any temporary restraining order has
46.10been mailed to the respondent at the respondent's residence or place of business, if the
46.11respondent is an organization, or the respondent's residence or place of business is not known
46.12to the petitioner.
46.13 (c) Regardless of the method of service, if the respondent is a juvenile, whenever possible,
46.14the court also shall have notice of the pendency of the case and of the time and place of the
46.15hearing served by mail at the last known address upon any parent or guardian of the juvenile
46.16respondent who is not the petitioner.
46.17 (d) A request for a hearing under this subdivision must be made within 20 days of service
46.18of the petition.
46.19 Sec. 20. Minnesota Statutes 2016, section 609.748, subdivision 3a, is amended to read:
46.20 Subd. 3a. Filing fee; cost of service. The filing fees for a restraining order under this
46.21section are waived for the petitioner if the petition alleges acts that would constitute a
46.22violation of section609.749, subdivision 2 , 3, 4, or 5, or sections
609.342 to
609.3451 . The
46.23court administrator andthe sheriff of any county any peace officer in this state shall perform
46.24their duties relating to service of process without charge to the petitioner. The court shall
46.25direct payment of the reasonable costs of service of process if served by a private process
46.26server whenthe sheriff a peace officer is unavailable or if service is made by publication.
46.27The court may direct a respondent to pay to the court administrator the petitioner's filing
46.28fees and reasonable costs of service of process if the court determines that the respondent
46.29has the ability to pay the petitioner's fees and costs.
46.30 Sec. 21. Minnesota Statutes 2016, section 609.748, subdivision 5, is amended to read:
46.31 Subd. 5. Restraining order. (a) The court may issue a restraining order that provides
46.32any or all of the following:
47.1(1) orders the respondent to cease or avoid the harassment of another person; or
47.2(2) orders the respondent to have no contact with another person.
47.3(b) The court may issue an order under paragraph (a) if all of the following occur:
47.4 (1) the petitioner has filed a petition under subdivision 3;
47.5 (2)the sheriff a peace officer has served respondent with a copy of the temporary
47.6restraining order obtained under subdivision 4, and with notice of the right to request a
47.7hearing, or service has been made by publication under subdivision 3, paragraph (b); and
47.8 (3) the court finds at the hearing that there are reasonable grounds to believe that the
47.9respondent has engaged in harassment.
47.10A restraining order may be issued only against the respondent named in the petition; except
47.11that if the respondent is an organization, the order may be issued against and apply to all of
47.12the members of the organization. If the court finds that the petitioner has had two or more
47.13previous restraining orders in effect against the same respondent or the respondent has
47.14violated a prior or existing restraining order on two or more occasions, relief granted by the
47.15restraining order may be for a period of up to 50 years. In all other cases, relief granted by
47.16the restraining order must be for a fixed period of not more than two years. When a referee
47.17presides at the hearing on the petition, the restraining order becomes effective upon the
47.18referee's signature.
47.19 (c) An order issued under this subdivision must be personally served upon the respondent.
47.20 (d) If the court orders relief for a period of up to 50 years under paragraph (a), the
47.21respondent named in the restraining order may request to have the restraining order vacated
47.22or modified if the order has been in effect for at least five years and the respondent has not
47.23violated the order. Application for relief under this paragraph must be made in the county
47.24in which the restraining order was issued. Upon receipt of the request, the court shall set a
47.25hearing date. Personal service must be made upon the petitioner named in the restraining
47.26order not less than 30 days before the date of the hearing. At the hearing, the respondent
47.27named in the restraining order has the burden of proving by a preponderance of the evidence
47.28that there has been a material change in circumstances and that the reasons upon which the
47.29court relied in granting the restraining order no longer apply and are unlikely to occur. If
47.30the court finds that the respondent named in the restraining order has met the burden of
47.31proof, the court may vacate or modify the order. If the court finds that the respondent named
47.32in the restraining order has not met the burden of proof, the court shall deny the request and
47.33no request may be made to vacate or modify the restraining order until five years have
48.1elapsed from the date of denial. An order vacated or modified under this paragraph must
48.2be personally served on the petitioner named in the restraining order.
48.3 Sec. 22. Minnesota Statutes 2016, section 609.748, is amended by adding a subdivision
48.4to read:
48.5 Subd. 5a. Short-form notification. (a) In lieu of personal service of a harassment
48.6restraining order, a peace officer may serve a person with a short-form notification. The
48.7short-form notification must include the following clauses: the respondent's name; the
48.8respondent's date of birth, if known; the petitioner's name; the names of other protected
48.9parties; the date and county in which the temporary restraining order or restraining order
48.10was filed; the court file number; the hearing date and time, if known; the conditions that
48.11apply to the respondent, either in checklist form or handwritten; and the name of the judge
48.12who signed the order.
48.13The short-form notification must be in bold print in the following form:
48.14"The restraining order is now enforceable. You must report to your nearest sheriff's
48.15office or county court to obtain a copy of the restraining order. You are subject to arrest
48.16and may be charged with a misdemeanor, gross misdemeanor, or felony if you violate any
48.17of the terms of the restraining order or this short-form notification."
48.18(b) Upon verification of the identity of the respondent and the existence of an unserved
48.19harassment restraining order against the respondent, a law enforcement officer may detain
48.20the respondent for a reasonable time necessary to complete and serve the short-form
48.21notification.
48.22(c) When service is made by short-form notification, it may be proved by the affidavit
48.23of the law enforcement officer making the service.
48.24(d) For service under this section only, service upon an individual may occur at any
48.25time, including Sundays and legal holidays.
48.26(e) The superintendent of the Bureau of Criminal Apprehension shall provide the short
48.27form to law enforcement agencies.
48.28EFFECTIVE DATE.This section is effective 30 days following publication of a notice
48.29on the Bureau of Criminal Apprehension's website that a computer system is available to
48.30send harassment restraining order data from the Minnesota judicial branch to law
48.31enforcement.
49.1 Sec. 23. Minnesota Statutes 2016, section 609.748, is amended by adding a subdivision
49.2to read:
49.3 Subd. 5b. Service by others. In addition to peace officers, corrections officers, including
49.4but not limited to probation officers, court services officers, parole officers, and employees
49.5of jails or correctional facilities, may serve a temporary restraining order or restraining
49.6order.
49.7 Sec. 24. Minnesota Statutes 2016, section 609.855, subdivision 2, is amended to read:
49.8 Subd. 2. Unlawful interference with transitoperator. (a) Whoever intentionally
49.9commits an act that interferes with or obstructs, or tends to interfere with or obstruct, the
49.10operation of a transit vehicle is guilty ofunlawful interference with a transit operator a crime
49.11and may be sentenced as provided in paragraph (c).
49.12(b) An actthat is committed on a transit vehicle that distracts the driver from the safe
49.13operation of the vehicle, restricts passenger access to the transit vehicle, orthat endangers
49.14passengers is a violation of this subdivision if an authorized transit representative has clearly
49.15warned the person once to stop the act.
49.16(c) A person who violates this subdivision may be sentenced as follows:
49.17(1) to imprisonment for not more than three years or to payment of a fine of not more
49.18than $5,000, or both, if the violation was accompanied by force or violence or a
49.19communication of a threat of force or violence; or
49.20(2) to imprisonment for not more than90 days one year or to payment of a fine of not
49.21more than$1,000 $3,000, or both, if the violation was not accompanied by force or violence
49.22or a communication of a threat of force or violence.
49.23EFFECTIVE DATE.This section is effective August 1, 2017, and applies to crimes
49.24committed on or after that date.
49.25 Sec. 25. Minnesota Statutes 2016, section 624.714, subdivision 17, is amended to read:
49.26 Subd. 17. Posting; trespass. (a) A person carrying a firearm on or about his or her person
49.27or clothes under a permit or otherwise who remains at a private establishment knowing that
49.28the operator of the establishment or its agent has made a reasonable request that firearms
49.29not be brought into the establishment may be ordered to leave the premises. A person who
49.30fails to leave when so requested is guilty of a petty misdemeanor. The fine for a first offense
49.31must not exceed $25. Notwithstanding section609.531 , a firearm carried in violation of
49.32this subdivision is not subject to forfeiture.
50.1(b) As used in this subdivision, the terms in this paragraph have the meanings given.
50.2(1) "Reasonable request" means a request made under the following circumstances:
50.3(i) the requester has prominently posted a conspicuous sign at every entrance to the
50.4establishment containing the following language: "(INDICATE IDENTITY OF OPERATOR)
50.5BANS GUNS IN THESE PREMISES."; or
50.6(ii) the requester or the requester's agent personally informs the person that guns are
50.7prohibited in the premises and demands compliance.
50.8(2) "Prominently" means readily visible and within four feet laterally of the entrance
50.9with the bottom of the sign at a height of four to six feet above the floor.
50.10(3) "Conspicuous" means lettering in black arial typeface at least 1-1/2 inches in height
50.11against a bright contrasting background that is at least 187 square inches in area.
50.12(4) "Private establishment" means a building, structure, or portion thereof that is owned,
50.13leased, controlled, or operated by a nongovernmental entity for a nongovernmental purpose.
50.14(c) The owner or operator of a private establishment may not prohibit the lawful carry
50.15or possession of firearms in a parking facility or parking area.
50.16(d) The owner or operator of a private establishment may not prohibit the lawful carry
50.17or possession of firearms by a peace officer, as defined in section 626.84, subdivision 1,
50.18paragraph (c), within the private establishment or deny the officer access thereto, except
50.19when specifically authorized by statute. The owner or operator of the private establishment
50.20may require the display of official credentials issued by the agency that employs the peace
50.21officer prior to granting the officer entry into the private establishment.
50.22(d) (e) This subdivision does not apply to private residences. The lawful possessor of a
50.23private residence may prohibit firearms, and provide notice thereof, in any lawful manner.
50.24(e) (f) A landlord may not restrict the lawful carry or possession of firearms by tenants
50.25or their guests.
50.26(f) (g) Notwithstanding any inconsistent provisions in section
609.605 , this subdivision
50.27sets forth the exclusive criteria to notify a permit holder when otherwise lawful firearm
50.28possession is not allowed in a private establishment and sets forth the exclusive penalty for
50.29such activity.
50.30(g) (h) This subdivision does not apply to:
50.31(1) an active licensed peace officer; or
51.1(2) a security guard acting in the course and scope of employment. The owner or operator
51.2of a private establishment may require the display of official credentials issued by the
51.3company, which must be licensed by the Private Detective and Protective Agent Services
51.4Board, that employs the security guard and the guard's permit card prior to granting the
51.5guard entrance into the private establishment.
51.6 Sec. 26. [626.8469] TRAINING IN CRISIS RESPONSE, CONFLICT
51.7MANAGEMENT, AND CULTURAL DIVERSITY.
51.8 Subdivision 1. In-service training required. Beginning July 1, 2018, the chief law
51.9enforcement officer of every state and local law enforcement agency shall provide in-service
51.10training in crisis intervention and mental illness crises; conflict management and mediation;
51.11and recognizing and valuing community diversity and cultural differences to include implicit
51.12bias training to every peace officer and part-time peace officer employed by the agency.
51.13The training shall comply with learning objectives developed and approved by the board
51.14and shall meet board requirements for board-approved continuing education credit. The
51.15training shall consist of at least 16 continuing education credits within an officer's three-year
51.16licensing cycle. Each peace officer with a license renewal date after June 30, 2018, is not
51.17required to complete this training until the officer's next full three-year licensing cycle.
51.18 Subd. 2. Record keeping required. The head of every local and state law enforcement
51.19agency shall maintain written records of the agency's compliance with the requirements of
51.20subdivision 1. The documentation is subject to periodic review by the board, and shall be
51.21made available to the board at its request.
51.22 Subd. 3. Licensing sanctions; injunctive relief. The board may impose licensing
51.23sanctions and seek injunctive relief under section 214.11 for failure to comply with the
51.24requirements of this section.
51.25 Sec. 27. Laws 2009, chapter 59, article 3, section 4, subdivision 8, as amended by Laws
51.262011, chapter 87, section 1, subdivision 8, is amended to read:
51.27 Subd. 8. Report. (a) By February 1,2013 2019, the commissioner of public safety and
51.28each eligible city and county that participates in the diversion program shall report to the
51.29legislative committees with jurisdiction over transportation and the judiciary concerning
51.30the results of the program.The report must be made electronically and available in print
51.31only upon request. At a minimum, the report must include, without limitation, the effect of
51.32the program on:
51.33(1) recidivism rates for participants in the diversion pilot program;
52.1(2) paymentof the information for reinstatement fees, surcharges, restitution, and criminal
52.2fines collected in the diversion pilot programto cities, counties, and the state;
52.3(3) educational support provided to participants in the diversion pilot program;and
52.4(4) the total number of participants in the diversion pilot programand;
52.5(5) the number of participants who have terminated from the pilot program under
52.6subdivision 7, paragraph (a), clauses (1) to (3); and
52.7(6) the names of all third-party program administrators and their program fee refund
52.8policy, and, for each administrator the amount charged for program fees, and the amount
52.9of program fees retained from participants who have terminated from the program.
52.10 (b) The report must include recommendations regarding the future of the program and
52.11any necessary legislative changes.
52.12 Sec. 28. Laws 2009, chapter 59, article 3, section 4, subdivision 9, as amended by Laws
52.132010, chapter 197, section 1, Laws 2011, chapter 87, section 1, subdivision 9, and Laws
52.142013, chapter 127, section 60, is amended to read:
52.15 Subd. 9. Sunset. A city or county participating in this pilot program may accept an
52.16individual for diversion into the pilot program until June 30,2017 2019. The third party
52.17administering the diversion program may collect and disburse fees collected pursuant to
52.18subdivision 6, paragraph (a), clause (2), through December 31,2018 2020, at which time
52.19the pilot program under this section expires.
52.20 Sec. 29. ALTERNATIVES TO INCARCERATION PILOT PROGRAM FUND.
52.21(a) Agencies providing supervision to offenders on probation, parole, or supervised
52.22release are eligible for grants to facilitate access to community options including, but not
52.23limited to, inpatient chemical dependency treatment for nonviolent controlled substance
52.24offenders to address and correct behavior that is, or is likely to result in, a technical violation
52.25of the conditions of release. For purposes of this section, "nonviolent controlled substance
52.26offender" is a person who meets the criteria described under Minnesota Statutes, section
52.27244.0513, subdivision 2, clauses (1), (2), and (5), and "technical violation" means a violation
52.28of a court order of probation, condition of parole, or condition of supervised release, except
52.29an allegation of a subsequent criminal act that is alleged in a formal complaint, citation, or
52.30petition.
52.31(b) The Department of Corrections shall establish criteria for selecting grant recipients
52.32and the amount awarded to each grant recipient.
53.1(c) By January 15, 2019, the commissioner of corrections shall submit a report to the
53.2chairs of the house of representatives and senate committees with jurisdiction over public
53.3safety policy and finance. At a minimum, the report must include:
53.4(1) the total number of grants issued under this program;
53.5(2) the average amount of each grant;
53.6(3) the community services accessed as a result of the grants;
53.7(4) a summary of the type of supervision offenders were under when a grant was used
53.8to help access a community option;
53.9(5) the number of individuals who completed, and the number who failed to complete,
53.10programs accessed as a result of this grant; and
53.11(6) the number of individuals who violated the terms of release following participation
53.12in a program accessed as a result of this grant, separating technical violations and new
53.13criminal offenses.
53.16 Section 1. Minnesota Statutes 2016, section 357.021, subdivision 2, is amended to read:
53.17 Subd. 2. Fee amounts. The fees to be charged and collected by the court administrator
53.18shall be as follows:
53.19 (1) In every civil action or proceeding in said court, including any case arising under
53.20the tax laws of the state that could be transferred or appealed to the Tax Court, the plaintiff,
53.21petitioner, or other moving party shall pay, when the first paper is filed for that party in said
53.22action, a fee of$310 $280, except in marriage dissolution actions the fee is $340 $310.
53.23 The defendant or other adverse or intervening party, or any one or more of several
53.24defendants or other adverse or intervening parties appearing separately from the others,
53.25shall pay, when the first paper is filed for that party in said action, a fee of$310 $280, except
53.26in marriage dissolution actions the fee is$340 $310. This subdivision does not apply to the
53.27filing of an Application for Discharge of Judgment. Section548.181 applies to an Application
53.28for Discharge of Judgment.
53.29 The party requesting a trial by jury shall pay $100.
53.30 The fees above stated shall be the full trial fee chargeable to said parties irrespective of
53.31whether trial be to the court alone, to the court and jury, or disposed of without trial, and
54.1shall include the entry of judgment in the action, but does not include copies or certified
54.2copies of any papers so filed or proceedings under chapter 103E, except the provisions
54.3therein as to appeals.
54.4 (2) Certified copy of any instrument from a civil or criminal proceeding, $14, and $8
54.5for an uncertified copy.
54.6 (3) Issuing a subpoena, $16 for each name.
54.7 (4) Filing a motion or response to a motion in civil, family, excluding child support, and
54.8guardianship cases,$100 $75.
54.9 (5) Issuing an execution and filing the return thereof; issuing a writ of attachment,
54.10injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not specifically
54.11mentioned, $55.
54.12 (6) Issuing a transcript of judgment, or for filing and docketing a transcript of judgment
54.13from another court, $40.
54.14 (7) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment of
54.15judgment, $5.
54.16 (8) Certificate as to existence or nonexistence of judgments docketed, $5 for each name
54.17certified to.
54.18 (9) Filing and indexing trade name; or recording basic science certificate; or recording
54.19certificate of physicians, osteopathic physicians, chiropractors, veterinarians, or optometrists,
54.20$5.
54.21 (10) For the filing of each partial, final, or annual account in all trusteeships, $55.
54.22 (11) For the deposit of a will, $27.
54.23 (12) For recording notary commission, $20.
54.24 (13) Filing a motion or response to a motion for modification of child support, a fee of
54.25$100 $50.
54.26 (14) All other services required by law for which no fee is provided, such fee as compares
54.27favorably with those herein provided, or such as may be fixed by rule or order of the court.
54.28 (15) In addition to any other filing fees under this chapter, a surcharge in the amount of
54.29$75 must be assessed in accordance with section259.52, subdivision 14 , for each adoption
54.30petition filed in district court to fund the fathers' adoption registry under section259.52 .
55.1 The fees in clauses (3) and (5) need not be paid by a public authority or the party the
55.2public authority represents.
55.3 Sec. 2. Minnesota Statutes 2016, section 357.022, is amended to read:
55.4357.022 CONCILIATION COURT FEE.
55.5The court administrator in every county shall charge and collect a filing fee of$65 $50
55.6from every plaintiff and from every defendant when the first paper for that party is filed in
55.7any conciliation court action. This section does not apply to conciliation court actions filed
55.8by the state. The court administrator shall transmit the fees monthly to the commissioner
55.9of management and budget for deposit in the state treasury and credit to the general fund.
55.10 Sec. 3. Minnesota Statutes 2016, section 609.748, subdivision 3a, is amended to read:
55.11 Subd. 3a. Filing fee; cost of service. The filing fees for a restraining order under this
55.12section are waived for the petitioner and the respondent if the petition alleges acts that would
55.13constitute a violation of section609.749, subdivision 2 , 3, 4, or 5, or sections
609.342 to
55.14609.3451
. The court administrator and the sheriff of any county in this state shall perform
55.15their duties relating to service of process without charge to the petitioner. The court shall
55.16direct payment of the reasonable costs of service of process if served by a private process
55.17server when the sheriff is unavailable or if service is made by publication.The court may
55.18direct a respondent to pay to the court administrator the petitioner's filing fees
and reasonable
55.19costs of service of process if the court determines that the respondent has the ability
to pay
55.20the petitioner's fees and costs.
55.23 Section 1. Minnesota Statutes 2016, section 152.02, subdivision 2, is amended to read:
55.24 Subd. 2. Schedule I. (a) Schedule I consists of the substances listed in this subdivision.
55.25(b) Opiates. Unless specifically excepted or unless listed in another schedule, any of the
55.26following substances, including their analogs, isomers, esters, ethers, salts, and salts of
55.27isomers, esters, and ethers, whenever the existence of the analogs, isomers, esters, ethers,
55.28and salts is possible:
55.29(1) acetylmethadol;
55.30(2) allylprodine;
56.1(3) alphacetylmethadol (except levo-alphacetylmethadol, also known as levomethadyl
56.2acetate);
56.3(4) alphameprodine;
56.4(5) alphamethadol;
56.5(6) alpha-methylfentanyl benzethidine;
56.6(7) betacetylmethadol;
56.7(8) betameprodine;
56.8(9) betamethadol;
56.9(10) betaprodine;
56.10(11) clonitazene;
56.11(12) dextromoramide;
56.12(13) diampromide;
56.13(14) diethyliambutene;
56.14(15) difenoxin;
56.15(16) dimenoxadol;
56.16(17) dimepheptanol;
56.17(18) dimethyliambutene;
56.18(19) dioxaphetyl butyrate;
56.19(20) dipipanone;
56.20(21) ethylmethylthiambutene;
56.21(22) etonitazene;
56.22(23) etoxeridine;
56.23(24) furethidine;
56.24(25) hydroxypethidine;
56.25(26) ketobemidone;
56.26(27) levomoramide;
56.27(28) levophenacylmorphan;
57.1(29) 3-methylfentanyl;
57.2(30) acetyl-alpha-methylfentanyl;
57.3(31) alpha-methylthiofentanyl;
57.4(32) benzylfentanyl beta-hydroxyfentanyl;
57.5(33) beta-hydroxy-3-methylfentanyl;
57.6(34) 3-methylthiofentanyl;
57.7(35) thenylfentanyl;
57.8(36) thiofentanyl;
57.9(37) para-fluorofentanyl;
57.10(38) morpheridine;
57.11(39) 1-methyl-4-phenyl-4-propionoxypiperidine;
57.12(40) noracymethadol;
57.13(41) norlevorphanol;
57.14(42) normethadone;
57.15(43) norpipanone;
57.16(44) 1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine (PEPAP);
57.17(45) phenadoxone;
57.18(46) phenampromide;
57.19(47) phenomorphan;
57.20(48) phenoperidine;
57.21(49) piritramide;
57.22(50) proheptazine;
57.23(51) properidine;
57.24(52) propiram;
57.25(53) racemoramide;
57.26(54) tilidine;
57.27(55) trimeperidine;
58.1(56) N-(1-Phenethylpiperidin-4-yl)-N-phenylacetamide (acetyl fentanyl);
58.2(57)
58.33,4-dichloro-N-[(1R,2R)-2-(dimethylamino)cyclohexyl]-N-methylbenzamide(U47700);
58.4and
58.5(58) N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]furan-2-carboxamide(furanylfentanyl).
58.6(c) Opium derivatives. Any of the following substances, their analogs, salts, isomers,
58.7and salts of isomers, unless specifically excepted or unless listed in another schedule,
58.8whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
58.9(1) acetorphine;
58.10(2) acetyldihydrocodeine;
58.11(3) benzylmorphine;
58.12(4) codeine methylbromide;
58.13(5) codeine-n-oxide;
58.14(6) cyprenorphine;
58.15(7) desomorphine;
58.16(8) dihydromorphine;
58.17(9) drotebanol;
58.18(10) etorphine;
58.19(11) heroin;
58.20(12) hydromorphinol;
58.21(13) methyldesorphine;
58.22(14) methyldihydromorphine;
58.23(15) morphine methylbromide;
58.24(16) morphine methylsulfonate;
58.25(17) morphine-n-oxide;
58.26(18) myrophine;
58.27(19) nicocodeine;
58.28(20) nicomorphine;
59.1(21) normorphine;
59.2(22) pholcodine; and
59.3(23) thebacon.
59.4(d) Hallucinogens. Any material, compound, mixture or preparation which contains any
59.5quantity of the following substances, their analogs, salts, isomers (whether optical, positional,
59.6or geometric), and salts of isomers, unless specifically excepted or unless listed in another
59.7schedule, whenever the existence of the analogs, salts, isomers, and salts of isomers is
59.8possible:
59.9(1) methylenedioxy amphetamine;
59.10(2) methylenedioxymethamphetamine;
59.11(3) methylenedioxy-N-ethylamphetamine (MDEA);
59.12(4) n-hydroxy-methylenedioxyamphetamine;
59.13(5) 4-bromo-2,5-dimethoxyamphetamine (DOB);
59.14(6) 2,5-dimethoxyamphetamine (2,5-DMA);
59.15(7) 4-methoxyamphetamine;
59.16(8) 5-methoxy-3, 4-methylenedioxyamphetamine;
59.17(9) alpha-ethyltryptamine;
59.18(10) bufotenine;
59.19(11) diethyltryptamine;
59.20(12) dimethyltryptamine;
59.21(13) 3,4,5-trimethoxyamphetamine;
59.22(14) 4-methyl-2, 5-dimethoxyamphetamine (DOM);
59.23(15) ibogaine;
59.24(16) lysergic acid diethylamide (LSD);
59.25(17) mescaline;
59.26(18) parahexyl;
59.27(19) N-ethyl-3-piperidyl benzilate;
59.28(20) N-methyl-3-piperidyl benzilate;
60.1(21) psilocybin;
60.2(22) psilocyn;
60.3(23) tenocyclidine (TPCP or TCP);
60.4(24) N-ethyl-1-phenyl-cyclohexylamine (PCE);
60.5(25) 1-(1-phenylcyclohexyl) pyrrolidine (PCPy);
60.6(26) 1-[1-(2-thienyl)cyclohexyl]-pyrrolidine (TCPy);
60.7(27) 4-chloro-2,5-dimethoxyamphetamine (DOC);
60.8(28) 4-ethyl-2,5-dimethoxyamphetamine (DOET);
60.9(29) 4-iodo-2,5-dimethoxyamphetamine (DOI);
60.10(30) 4-bromo-2,5-dimethoxyphenethylamine (2C-B);
60.11(31) 4-chloro-2,5-dimethoxyphenethylamine (2C-C);
60.12(32) 4-methyl-2,5-dimethoxyphenethylamine (2C-D);
60.13(33) 4-ethyl-2,5-dimethoxyphenethylamine (2C-E);
60.14(34) 4-iodo-2,5-dimethoxyphenethylamine (2C-I);
60.15(35) 4-propyl-2,5-dimethoxyphenethylamine (2C-P);
60.16(36) 4-isopropylthio-2,5-dimethoxyphenethylamine (2C-T-4);
60.17(37) 4-propylthio-2,5-dimethoxyphenethylamine (2C-T-7);
60.18(38) 2-(8-bromo-2,3,6,7-tetrahydrofuro [2,3-f][1]benzofuran-4-yl)ethanamine
60.19(2-CB-FLY);
60.20(39) bromo-benzodifuranyl-isopropylamine (Bromo-DragonFLY);
60.21(40) alpha-methyltryptamine (AMT);
60.22(41) N,N-diisopropyltryptamine (DiPT);
60.23(42) 4-acetoxy-N,N-dimethyltryptamine (4-AcO-DMT);
60.24(43) 4-acetoxy-N,N-diethyltryptamine (4-AcO-DET);
60.25(44) 4-hydroxy-N-methyl-N-propyltryptamine (4-HO-MPT);
60.26(45) 4-hydroxy-N,N-dipropyltryptamine (4-HO-DPT);
60.27(46) 4-hydroxy-N,N-diallyltryptamine (4-HO-DALT);
61.1(47) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT);
61.2(48) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DiPT);
61.3(49) 5-methoxy-α-methyltryptamine (5-MeO-AMT);
61.4(50) 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT);
61.5(51) 5-methylthio-N,N-dimethyltryptamine (5-MeS-DMT);
61.6(52)5-methoxy-N-methyl-N-propyltryptamine
61.75-methoxy-N-methyl-N-isopropyltryptamine (5-MeO-MiPT);
61.8(53) 5-methoxy-α-ethyltryptamine (5-MeO-AET);
61.9(54) 5-methoxy-N,N-dipropyltryptamine (5-MeO-DPT);
61.10(55) 5-methoxy-N,N-diethyltryptamine (5-MeO-DET);
61.11(56) 5-methoxy-N,N-diallyltryptamine (5-MeO-DALT);
61.12(57) methoxetamine (MXE);
61.13(58) 5-iodo-2-aminoindane (5-IAI);
61.14(59) 5,6-methylenedioxy-2-aminoindane (MDAI);
61.15(60) 2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25B-NBOMe);
61.16(61) 2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25C-NBOMe);
61.17(62) 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25I-NBOMe);
61.18(63) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);
61.19(64) 2-(4-Ethylthio-2,5-dimethoxyphenyl)ethanamine (2C-T-2);
61.20(65) N,N-Dipropyltryptamine (DPT);
61.21(66) 3-[1-(Piperidin-1-yl)cyclohexyl]phenol (3-HO-PCP);
61.22(67) N-ethyl-1-(3-methoxyphenyl)cyclohexanamine (3-MeO-PCE);
61.23(68) 4-[1-(3-methoxyphenyl)cyclohexyl]morpholine (3-MeO-PCMo);
61.24(69) 1-[1-(4-methoxyphenyl)cyclohexyl]-piperidine (methoxydine, 4-MeO-PCP);
61.25(70) 2-(2-Chlorophenyl)-2-(ethylamino)cyclohexan-1-one (N-Ethylnorketamine,
61.26ethketamine, NENK);and
61.27(71) methylenedioxy-N,N-dimethylamphetamine (MDDMA);
61.28(72) 3-(2-Ethyl(methyl)aminoethyl)-1H-indol-4-yl (4-AcO-MET); and
62.1(73) 2-Phenyl-2-(methylamino)cyclohexanone (deschloroketamine).
62.2(e) Peyote. All parts of the plant presently classified botanically as Lophophora williamsii
62.3Lemaire, whether growing or not, the seeds thereof, any extract from any part of the plant,
62.4and every compound, manufacture, salts, derivative, mixture, or preparation of the plant,
62.5its seeds or extracts. The listing of peyote as a controlled substance in Schedule I does not
62.6apply to the nondrug use of peyote in bona fide religious ceremonies of the American Indian
62.7Church, and members of the American Indian Church are exempt from registration. Any
62.8person who manufactures peyote for or distributes peyote to the American Indian Church,
62.9however, is required to obtain federal registration annually and to comply with all other
62.10requirements of law.
62.11(f) Central nervous system depressants. Unless specifically excepted or unless listed in
62.12another schedule, any material compound, mixture, or preparation which contains any
62.13quantity of the following substances, their analogs, salts, isomers, and salts of isomers
62.14whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
62.15(1) mecloqualone;
62.16(2) methaqualone;
62.17(3) gamma-hydroxybutyric acid (GHB), including its esters and ethers;
62.18(4) flunitrazepam; and
62.19(5) 2-(2-Methoxyphenyl)-2-(methylamino)cyclohexanone (2-MeO-2-deschloroketamine,
62.20methoxyketamine).
62.21(g) Stimulants. Unless specifically excepted or unless listed in another schedule, any
62.22material compound, mixture, or preparation which contains any quantity of the following
62.23substances, their analogs, salts, isomers, and salts of isomers whenever the existence of the
62.24analogs, salts, isomers, and salts of isomers is possible:
62.25 (1) aminorex;
62.26(2) cathinone;
62.27(3) fenethylline;
62.28 (4) methcathinone;
62.29(5) methylaminorex;
62.30(6) N,N-dimethylamphetamine;
62.31(7) N-benzylpiperazine (BZP);
63.1(8) methylmethcathinone (mephedrone);
63.2(9) 3,4-methylenedioxy-N-methylcathinone (methylone);
63.3(10) methoxymethcathinone (methedrone);
63.4(11) methylenedioxypyrovalerone (MDPV);
63.5(12) 3-fluoro-N-methylcathinone (3-FMC);
63.6(13) methylethcathinone (MEC);
63.7(14) 1-benzofuran-6-ylpropan-2-amine (6-APB);
63.8(15) dimethylmethcathinone (DMMC);
63.9(16) fluoroamphetamine;
63.10(17) fluoromethamphetamine;
63.11(18) α-methylaminobutyrophenone (MABP or buphedrone);
63.12(19) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one (butylone);
63.13(20) 2-(methylamino)-1-(4-methylphenyl)butan-1-one (4-MEMABP or BZ-6378);
63.14(21) 1-(naphthalen-2-yl)-2-(pyrrolidin-1-yl) pentan-1-one (naphthylpyrovalerone or
63.15naphyrone);
63.16(22) (alpha-pyrrolidinopentiophenone (alpha-PVP);
63.17(23) (RS)-1-(4-methylphenyl)-2-(1-pyrrolidinyl)-1-hexanone (4-Me-PHP or MPHP);
63.18(24) 2-(1-pyrrolidinyl)-hexanophenone (Alpha-PHP);
63.19(25) 4-methyl-N-ethylcathinone (4-MEC);
63.20(26) 4-methyl-alpha-pyrrolidinopropiophenone (4-MePPP);
63.21(27) 2-(methylamino)-1-phenylpentan-1-one (pentedrone);
63.22(28) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one (pentylone);
63.23(29) 4-fluoro-N-methylcathinone (4-FMC);
63.24(30) 3,4-methylenedioxy-N-ethylcathinone (ethylone);
63.25(31) alpha-pyrrolidinobutiophenone (α-PBP);
63.26(32) 5-(2-Aminopropyl)-2,3-dihydrobenzofuran (5-APDB);
63.27(33) 1-phenyl-2-(1-pyrrolidinyl)-1-heptanone (PV8);
64.1(34) 6-(2-Aminopropyl)-2,3-dihydrobenzofuran (6-APDB);and
64.2(35) 4-methyl-alpha-ethylaminopentiophenone (4-MEAPP);
64.3(36) 4'-chloro-alpha-pyrrolidinopropiophenone (4-chloro-PPP);
64.4(37) 1-(1,3-Benzodioxol-5-yl)-2-(dimethylamino)butan-1-one (dibutylone, bk-DMBDB);
64.5and
64.6(38) any other substance, except bupropion or compounds listed under a different
64.7schedule, that is structurally derived from 2-aminopropan-1-one by substitution at the
64.81-position with either phenyl, naphthyl, or thiophene ring systems, whether or not the
64.9compound is further modified in any of the following ways:
64.10(i) by substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy,
64.11haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring
64.12system by one or more other univalent substituents;
64.13(ii) by substitution at the 3-position with an acyclic alkyl substituent;
64.14(iii) by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or
64.15methoxybenzyl groups; or
64.16(iv) by inclusion of the 2-amino nitrogen atom in a cyclic structure.
64.17(h) Marijuana, tetrahydrocannabinols, and synthetic cannabinoids. Unless specifically
64.18excepted or unless listed in another schedule, any natural or synthetic material, compound,
64.19mixture, or preparation that contains any quantity of the following substances, their analogs,
64.20isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence
64.21of the isomers, esters, ethers, or salts is possible:
64.22(1) marijuana;
64.23(2) tetrahydrocannabinols naturally contained in a plant of the genus Cannabis, synthetic
64.24equivalents of the substances contained in the cannabis plant or in the resinous extractives
64.25of the plant, or synthetic substances with similar chemical structure and pharmacological
64.26activity to those substances contained in the plant or resinous extract, including, but not
64.27limited to, 1 cis or trans tetrahydrocannabinol, 6 cis or trans tetrahydrocannabinol, and 3,4
64.28cis or trans tetrahydrocannabinol;
64.29(3) synthetic cannabinoids, including the following substances:
64.30(i) Naphthoylindoles, which are any compounds containing a 3-(1-napthoyl)indole
64.31structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
64.32alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
65.12-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any
65.2extent and whether or not substituted in the naphthyl ring to any extent. Examples of
65.3naphthoylindoles include, but are not limited to:
65.4(A) 1-Pentyl-3-(1-naphthoyl)indole (JWH-018 and AM-678);
65.5(B) 1-Butyl-3-(1-naphthoyl)indole (JWH-073);
65.6(C) 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole (JWH-081);
65.7(D) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);
65.8(E) 1-Propyl-2-methyl-3-(1-naphthoyl)indole (JWH-015);
65.9(F) 1-Hexyl-3-(1-naphthoyl)indole (JWH-019);
65.10(G) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122);
65.11(H) 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole (JWH-210);
65.12(I) 1-Pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398);
65.13(J) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM-2201).
65.14(ii) Napthylmethylindoles, which are any compounds containing a
65.151H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the
65.16indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
65.171-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further
65.18substituted in the indole ring to any extent and whether or not substituted in the naphthyl
65.19ring to any extent. Examples of naphthylmethylindoles include, but are not limited to:
65.20(A) 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane (JWH-175);
65.21(B) 1-Pentyl-1H-indol-3-yl-(4-methyl-1-naphthyl)methane (JWH-184).
65.22(iii) Naphthoylpyrroles, which are any compounds containing a 3-(1-naphthoyl)pyrrole
65.23structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl,
65.24alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
65.252-(4-morpholinyl)ethyl group whether or not further substituted in the pyrrole ring to any
65.26extent, whether or not substituted in the naphthyl ring to any extent. Examples of
65.27naphthoylpyrroles include, but are not limited to,
65.28(5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1-ylmethanone (JWH-307).
65.29(iv) Naphthylmethylindenes, which are any compounds containing a naphthylideneindene
65.30structure with substitution at the 3-position of the indene ring by an allkyl, haloalkyl, alkenyl,
65.31cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
66.12-(4-morpholinyl)ethyl group whether or not further substituted in the indene ring to any
66.2extent, whether or not substituted in the naphthyl ring to any extent. Examples of
66.3naphthylemethylindenes include, but are not limited to,
66.4E-1-[1-(1-naphthalenylmethylene)-1H-inden-3-yl]pentane (JWH-176).
66.5(v) Phenylacetylindoles, which are any compounds containing a 3-phenylacetylindole
66.6structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
66.7alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
66.82-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any
66.9extent, whether or not substituted in the phenyl ring to any extent. Examples of
66.10phenylacetylindoles include, but are not limited to:
66.11(A) 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (RCS-8);
66.12(B) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250);
66.13(C) 1-pentyl-3-(2-methylphenylacetyl)indole (JWH-251);
66.14(D) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203).
66.15(vi) Cyclohexylphenols, which are compounds containing a
66.162-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position of the phenolic
66.17ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
66.181-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not substituted
66.19in the cyclohexyl ring to any extent. Examples of cyclohexylphenols include, but are not
66.20limited to:
66.21(A) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP 47,497);
66.22(B) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol
66.23(Cannabicyclohexanol or CP 47,497 C8 homologue);
66.24(C) 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl]
66.25-phenol (CP 55,940).
66.26(vii) Benzoylindoles, which are any compounds containing a 3-(benzoyl)indole structure
66.27with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl,
66.28cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
66.292-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any
66.30extent and whether or not substituted in the phenyl ring to any extent. Examples of
66.31benzoylindoles include, but are not limited to:
66.32(A) 1-Pentyl-3-(4-methoxybenzoyl)indole (RCS-4);
67.1(B) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694);
67.2(C) (4-methoxyphenyl-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-yl]methanone (WIN
67.348,098 or Pravadoline).
67.4(viii) Others specifically named:
67.5(A) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)
67.6-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (HU-210);
67.7(B) (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)
67.8-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (Dexanabinol or HU-211);
67.9(C) 2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]
67.10-1,4-benzoxazin-6-yl-1-naphthalenylmethanone (WIN 55,212-2);
67.11(D) (1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (UR-144);
67.12(E) (1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone
67.13(XLR-11);
67.14(F) 1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indazole-3-carboxamide
67.15(AKB-48(APINACA));
67.16(G) N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide
67.17(5-Fluoro-AKB-48);
67.18(H) 1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid (PB-22);
67.19(I) 8-quinolinyl ester-1-(5-fluoropentyl)-1H-indole-3-carboxylic acid (5-Fluoro PB-22);
67.20(J) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-pentyl-1H-indazole- 3-carboxamide
67.21(AB-PINACA);
67.22(K) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-[(4-fluorophenyl)methyl]-
67.231H-indazole-3-carboxamide (AB-FUBINACA);
67.24(L) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-(cyclohexylmethyl)-1H-
67.25indazole-3-carboxamide(AB-CHMINACA);
67.26(M) (S)-methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3- methylbutanoate
67.27(5-fluoro-AMB);
67.28(N) [1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl) methanone (THJ-2201);
67.29(O) (1-(5-fluoropentyl)-1H-benzo[d]imidazol-2-yl)(naphthalen-1-yl)methanone)
67.30(FUBIMINA);
68.1(P) (7-methoxy-1-(2-morpholinoethyl)-N-((1S,2S,4R)-1,3,3-trimethylbicyclo
68.2[2.2.1]heptan-2-yl)-1H-indole-3-carboxamide (MN-25 or UR-12);
68.3(Q) (S)-N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)
68.4-1H-indole-3-carboxamide (5-fluoro-ABICA);
68.5(R) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl)
68.6-1H-indole-3-carboxamide;
68.7(S) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl)
68.8-1H-indazole-3-carboxamide;
68.9(T) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido) -3,3-dimethylbutanoate;
68.10(U) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1(cyclohexylmethyl)-1
68.11H-indazole-3-carboxamide (MAB-CHMINACA);
68.12(V) N-(1-Amino-3,3-dimethyl-1-oxo-2-butanyl)-1-pentyl-1H-indazole-3-carboxamide
68.13(ADB-PINACA);
68.14(W) methyl (1-(4-fluorobenzyl)-1H-indazole-3-carbonyl)-L-valinate (FUB-AMB);
68.15(X)
68.16N-[(1S)-2-amino-2-oxo-1-(phenylmethyl)ethyl]-1-(cyclohexylmethyl)-1H-Indazole-3-carboxamide.
68.17(APP-CHMINACA);and
68.18(Y) quinolin-8-yl 1-(4-fluorobenzyl)-1H-indole-3-carboxylate (FUB-PB-22); and
68.19(Z) methyl N-[1-(cyclohexylmethyl)-1H-indole-3-carbonyl]valinate (MMB-CHMICA).
68.20(i) A controlled substance analog, to the extent that it is implicitly or explicitly intended
68.21for human consumption.
68.22EFFECTIVE DATE.This section is effective August 1, 2017, and applies to crimes
68.23committed on or after that date.
68.24 Sec. 2. Minnesota Statutes 2016, section 152.02, subdivision 12, is amended to read:
68.25 Subd. 12. Coordination of controlled substance regulation with federal law and
68.26state statute. (a) If any substance is designated, rescheduled, or deleted as a controlled
68.27substance under federal lawand notice thereof is given to the state Board of Pharmacy, the
68.28state Board of Pharmacy shall may similarly and temporarily control the substance under
68.29this chapter, after the expiration of 30 days from publication in the Federal Register of a
68.30final order designating a substance as a controlled substance or rescheduling or deleting
a
68.31substance. Such order shall be filed with the secretary of state. If within that 30-day
period,
69.1the state Board of Pharmacy objects to inclusion, rescheduling, or deletion, it shall
publish
69.2the reasons for objection and afford all interested parties an opportunity to be heard.
At the
69.3conclusion of the hearing, the state Board of Pharmacy shall publish its decision,
which
69.4shall be subject to the provisions of chapter 14 by issuing an order and causing it to be
69.5published in the State Register and filed with the secretary of state. In issuing the order, the
69.6board is not required to engage in rulemaking. The order expires no later than 12 months
69.7after the date of issue and may not be renewed. After issuing the order, the board may
69.8permanently schedule the substance only by exercising the authority granted to it under
69.9subdivision 8.
69.10In exercising the authority granted by this chapter, the state Board of Pharmacy shall
be
69.11subject to the provisions of chapter 14.
69.12(b) The state Board of Pharmacy shall annually submit a report to the legislature on or
69.13before December 1 that specifies what changes the board made to the controlled substance
69.14schedules maintained by the board in Minnesota Rules, parts 6800.4210 to 6800.4250, in
69.15the preceding 12 months. The report must also specify any orders issued by the board under
69.16this subdivision. The report must include specific recommendations for amending the
69.17controlled substance schedules contained in subdivisions 2 to 6, so that they conform with
69.18the controlled substance schedules maintained by the board in Minnesota Rules, parts
69.196800.4210 to 6800.4250, and with the federal schedules.
69.20 Sec. 3. Minnesota Statutes 2016, section 152.02, is amended by adding a subdivision to
69.21read:
69.22 Subd. 14. Procedural requirements. Except as otherwise permitted in this section, the
69.23Board of Pharmacy is subject to the provisions of chapter 14 in exercising the authority
69.24granted by this chapter."
69.25Delete the title and insert:
69.27relating to public safety; modifying certain provisions relating to courts, public
69.28safety, corrections, crime, and controlled substances; requesting reports; providing
69.29for penalties; appropriating money for public safety, courts, corrections, Guardian
69.30Ad Litem Board, Uniform Laws Commission, Board on Judicial Standards, Board
69.31of Public Defense, Sentencing Guidelines, Peace Officer Standards and Training
69.32(POST) Board, and Private Detective Board;amending Minnesota Statutes 2016,
69.33sections 2.722, subdivision 1; 3.739, subdivision 1; 13.69, subdivision 1; 152.02,
69.34subdivisions 2, 12, by adding a subdivision; 152.105; 171.015, by adding a
69.35subdivision; 241.01, subdivision 3a; 243.05, subdivision 1; 243.17, subdivision
69.361; 243.49; 244.05, subdivision 3; 244.198, by adding a subdivision; 271.21,
69.37subdivision 2; 299A.55, subdivision 2; 299A.707, subdivision 2; 299C.46,
69.38subdivision 6; 357.021, subdivision 2; 357.022; 357.42; 358.116; 480.242,
70.1subdivision 2; 484.70, subdivision 7; 484.702, by adding a subdivision; 486.05,
70.2subdivision 1; 486.06; 513.41; 518.179, subdivision 2; 549.09, subdivision 1;
70.3609.14, by adding a subdivision; 609.475; 609.48, by adding a subdivision; 609.595,
70.4subdivisions 1, 2, by adding a subdivision; 609.605, by adding a subdivision;
70.5609.74; 609.748, subdivisions 3, 3a, 4, 5, by adding subdivisions; 609.855,
70.6subdivision 2; 624.714, subdivision 17; 631.52, subdivision 2; 634.36; Laws 2009,
70.7chapter 59, article 3, section 4, subdivisions 8, as amended, 9, as amended;
70.8proposing coding for new law in Minnesota Statutes, chapters 609; 626; repealing
70.9Minnesota Statutes 2016, sections 169.685, subdivision 4; 486.05, subdivision 1a;
70.10525.112."
1.3relating to public safety; appropriating money for public safety, courts, corrections,
1.4Guardian Ad Litem Board, Uniform Laws Commission, Board on Judicial
1.5Standards, Board of Public Defense, Sentencing Guidelines, Peace Officer
1.6Standards and Training (POST) Board, Private Detective Board, and Human Rights;
1.7lowering certain court-related fees;amending Minnesota Statutes 2016, sections
1.813.69, subdivision 1; 271.21, subdivision 2; 357.021, subdivision 2; 609.748,
1.9subdivision 3a.
1.10May 8, 2017
1.11The Honorable Michelle L. Fischbach
1.12President of the Senate
1.13The Honorable Kurt L. Daudt
1.14Speaker of the House of Representatives
1.15We, the undersigned conferees for S.F. No. 803 report that we have agreed upon the
1.16items in dispute and recommend as follows:
1.17That the House recede from its amendments and that S.F. No. 803 be further amended
1.18as follows:
1.19Delete everything after the enacting clause and insert:
| 1.22 |
Section 1. APPROPRIATIONS. |
||||||
1.24and for the purposes specified in this article. The appropriations are from the general fund,
1.25or another named fund, and are available for the fiscal years indicated for each purpose.
1.26The figures "2018" and "2019" used in this article mean that the appropriations listed under
1.27them are available for the fiscal year ending June 30, 2018, or June 30, 2019, respectively.
1.28"The first year" is fiscal year 2018. "The second year" is fiscal year 2019. "The biennium"
2.1is fiscal years 2018 and 2019. Appropriations for the fiscal year ending June 30, 2017, are
2.2effective the day following final enactment.
| 2.3 |
APPROPRIATIONS |
||||||
| 2.4 |
Available for the Year |
||||||
| 2.5 |
Ending June 30 |
||||||
| 2.6 |
2017 |
2018 |
2019 |
||||
| 2.7 |
Sec. 2. SUPREME COURT |
||||||
| 2.8 |
Subdivision 1.Total Appropriation |
$ |
49,848,000 |
$ |
50,262,000 |
||
2.10purpose are specified in the following
2.11subdivisions.
| 2.12 |
Subd. 2.Supreme Court Operations |
36,378,000 |
36,792,000 |
||||
2.14$5,000 each year is for a contingent account
2.15for expenses necessary for the normal
2.16operation of the court for which no other
2.17reimbursement is provided.
2.18(b) Harassment Restraining Orders
2.19$993,000 each year is to implement the
2.20changes related to harassment restraining
2.21orders required in article 3. The base for this
2.22activity is $993,000 in fiscal year 2020 and
2.23zero in fiscal year 2021.
| 2.24 |
Subd. 3.Civil Legal Services |
13,470,000 |
13,470,000 |
||||
2.26Family Law Matters. $948,000 each year is
2.27to improve the access of low-income clients
2.28to legal representation in family law matters.
2.29This appropriation must be distributed under
2.30Minnesota Statutes, section 480.242, to the
2.31qualified legal services program described in
2.32Minnesota Statutes, section 480.242,
2.33subdivision 2, paragraph (a). Any
2.34unencumbered balance remaining in the first
3.1year does not cancel and is available in the
3.2second year.
| 3.3 |
Sec. 3. COURT OF APPEALS |
$ |
12,082,000 |
$ |
12,163,000 |
||
| 3.4 |
Sec. 4. DISTRICT COURTS |
$ |
283,495,000 |
$ |
286,074,000 |
||
3.6$884,000 the first year and $818,000 the
3.7second year are for two new trial court judge
3.8units.
3.9(b) Mandated Services
3.10$503,000 the first year and $504,000 the
3.11second year are for mandated court services.
3.12(c) Treatment Courts Stability
3.13$100,000 each year is for treatment courts
3.14stability.
| 3.15 |
Sec. 5. GUARDIAN AD LITEM BOARD |
$ |
15,547,000 |
$ |
15,675,000 |
||
| 3.16 |
Sec. 6. TAX COURT |
$ |
1,501,000 |
$ |
1,505,000 |
||
3.18system.
| 3.19 |
Sec. 7. UNIFORM LAWS COMMISSION |
$ |
93,000 |
$ |
93,000 |
||
| 3.20 |
Sec. 8. BOARD ON JUDICIAL STANDARDS |
$ |
486,000 |
$ |
486,000 |
||
3.22year is for special investigative and hearing
3.23costs for major disciplinary actions undertaken
3.24by the board. This appropriation does not
3.25cancel. Any unencumbered and unspent
3.26balances remain available for these
3.27expenditures until June 30, 2021.
| 3.28 |
Sec. 9. BOARD OF PUBLIC DEFENSE |
$ |
84,083,000 |
$ |
84,853,000 |
||
| 4.1 |
Sec. 10. SENTENCING GUIDELINES |
$ |
647,000 |
$ |
651,000 |
||
| 4.2 |
Sec. 11. PUBLIC SAFETY |
||||||
| 4.3 |
Subdivision 1.Total Appropriation |
$ |
189,984,000 |
$ |
190,388,000 |
||
4.14purpose are specified in the following
4.15subdivisions.
| 4.16 |
Subd. 2.Emergency Management |
4,779,000 |
3,893,000 |
||||
| 4.17 |
Appropriations by Fund |
||
| 4.18 |
General |
3,306,000 |
2,420,000 |
| 4.19 |
Environmental |
73,000 |
73,000 |
| 4.20 4.21 |
Special Revenue Fund |
1,400,000 |
1,400,000 |
4.23Teams
4.24$850,000 each year is from the fire safety
4.25account in the special revenue fund. These
4.26amounts must be used to fund the hazardous
4.27materials and chemical assessment teams. Of
4.28this amount, $100,000 the first year is for
4.29cases for which there is no identified
4.30responsible party.
4.31(b) Emergency Response Teams
4.32$550,000 each year is from the fire safety
4.33account in the special revenue fund to maintain
4.34three emergency response teams: one under
5.1the jurisdiction of the St. Cloud Fire
5.2Department or a similarly located fire
5.3department if necessary; one under the
5.4jurisdiction of the Duluth Fire Department;
5.5and one under the jurisdiction of the Moorhead
5.6Fire Department. The commissioner must
5.7allocate the appropriation as follows: (1)
5.8$225,000 each year to the St. Cloud Fire
5.9Department; (2) $225,000 each year to the
5.10Duluth Fire Department; and (3) $100,000
5.11each year to the Moorhead Fire Department.
5.12These are onetime appropriations.
5.13(c) Roseau County Disaster Reimbursement
5.14$750,000 the first year is from the general fund
5.15for distribution to Roseau County for
5.16reimbursement of costs to repair public
5.17infrastructure damaged by the 1999 and 2002
5.18floods.
5.19(d) Supplemental Nonprofit Security Grants
5.20$150,000 the first year is from the general fund
5.21for supplemental nonprofit security grants
5.22under this paragraph.
5.23Nonprofit organizations whose applications
5.24for funding through the Federal Emergency
5.25Management Agency's nonprofit security grant
5.26program have been approved by the Division
5.27of Homeland Security and Emergency
5.28Management are eligible for grants under this
5.29paragraph. No additional application shall be
5.30required for grants under this paragraph, and
5.31an application for a grant from the federal
5.32program is also an application for funding
5.33from the state supplemental program.
6.1Eligible organizations may receive grants of
6.2up to $75,000, except that the total received
6.3by any individual from both the federal
6.4nonprofit security grant program and the state
6.5supplemental nonprofit security grant program
6.6shall not exceed $75,000. Grants shall be
6.7awarded in an order consistent with the
6.8ranking given to applicants for the federal
6.9nonprofit security grant program. No grants
6.10under the state supplemental nonprofit security
6.11grant program shall be awarded until the
6.12announcement of the recipients and the
6.13amount of the grants awarded under the federal
6.14nonprofit security grant program.
6.15The commissioner may use up to one percent
6.16of the appropriation received under this
6.17paragraph to pay costs incurred by the
6.18department in administering the supplemental
6.19nonprofit security grant program.
| 6.20 |
Subd. 3.Criminal Apprehension |
54,388,000 |
55,502,000 |
||||
| 6.21 |
Appropriations by Fund |
||
| 6.22 |
General |
52,040,000 |
53,139,000 |
| 6.23 6.24 |
State Government Special Revenue |
7,000 |
7,000 |
| 6.25 |
Trunk Highway |
2,341,000 |
2,356,000 |
6.27Fund
6.28Notwithstanding Minnesota Statutes, section
6.29161.20, subdivision 3, $2,341,000 the first
6.30year and $2,356,000 the second year are from
6.31the trunk highway fund for laboratory analysis
6.32related to driving-while-impaired cases.
| 6.33 |
(b) Predatory Registration System |
||||||
6.35build the predatory registration system. This
7.1appropriation is available until June 30, 2020.
7.2The base for fiscal year 2020 is $3,100,000
7.3and the base for fiscal year 2021 is $400,000
7.4to maintain the system.
| 7.5 |
(c) BCA Investment Initiative |
||||||
7.7(1) for an additional firearms examiner; and
7.8(2) for additional staff in the drug chemistry
7.9lab.
| 7.10 |
(d) Harassment Restraining Orders |
||||||
7.12year are for the Bureau of Criminal
7.13Apprehension to implement the changes
7.14related to harassment restraining orders
7.15required in article 3.
7.16(e) Base Adjustment
7.17The base from the general fund for the Bureau
7.18of Criminal Apprehension is $55,239,000 in
7.19fiscal year 2020 and $52,539,000 in fiscal year
7.202021.
| 7.21 |
Subd. 4.Fire Marshal |
6,274,000 |
6,408,000 |
||||
| 7.22 |
Appropriations by Fund |
||
| 7.23 |
Special Revenue |
6,274,000 |
6,408,000 |
7.25the fire safety account in the special revenue
7.26fund and is for activities under Minnesota
7.27Statutes, section 299F.012.
7.28Inspections
7.29$300,000 each year is for inspection of nursing
7.30homes and boarding care facilities.
| 7.31 7.32 |
Subd. 5.Firefighter Training and Education Board |
5,015,000 |
5,015,000 |
||||
| 7.33 |
Appropriations by Fund |
||
| 8.1 |
Special Revenue |
5,015,000 |
5,015,000 |
8.3the fire safety account in the special revenue
8.4fund and is for activities under Minnesota
8.5Statutes, section 299F.012.
| 8.6 |
(a) Firefighter Training and Education |
||||||
8.8and education.
8.9(b) Task Force 1
8.10$500,000 each year is for the Minnesota Task
8.11Force 1.
8.12(c) Air Rescue
8.13$250,000 each year is for the Minnesota Air
8.14Rescue Team.
| 8.15 |
(d) Unappropriated Revenue |
||||||
8.17collected in fiscal year 2017 is appropriated
8.18to the commissioner of public safety for the
8.19purposes of Minnesota Statutes, section
8.20299F.012. The commissioner may transfer
8.21appropriations and base amounts between
8.22activities in this subdivision.
| 8.23 |
Subd. 6.Alcohol and Gambling Enforcement |
2,506,000 |
2,521,000 |
||||
| 8.24 |
Appropriations by Fund |
||
| 8.25 |
General |
1,759,000 |
1,772,000 |
| 8.26 |
Special Revenue |
747,000 |
749,000 |
8.28second year are from the alcohol enforcement
8.29account in the special revenue fund. Of this
8.30appropriation, $500,000 each year shall be
8.31transferred to the general fund.
8.32$70,000 each year is from the lawful gambling
8.33regulation account in the special revenue fund.
| 9.1 |
Field Agent or Alcohol Educator |
||||||
9.3a field agent or an alcohol educator.
| 9.4 |
Subd. 7.Office of Justice Programs |
39,903,000 |
39,918,000 |
||||
| 9.5 |
Appropriations by Fund |
||
| 9.6 |
General |
39,807,000 |
39,822,000 |
| 9.7 9.8 |
State Government Special Revenue |
96,000 |
96,000 |
| 9.9 |
(a) OJP Administration Costs |
||||||
9.11appropriated in this subdivision may be used
9.12by the commissioner to administer the grant
9.13program.
| 9.14 |
(b) Violent Crime Enforcement |
||||||
9.16Statewide Violent Crime Enforcement Teams.
| 9.17 |
(c) Combating Terrorism Recruitment |
||||||
9.19enforcement agencies to develop strategies
9.20and make efforts to combat the recruitment of
9.21Minnesota residents by terrorist organizations
9.22such as ISIS and al-Shabaab. This is a onetime
9.23appropriation.
| 9.24 |
(d) Sex Trafficking Prevention Grants |
||||||
9.26local units of government for the following
9.27purposes:
9.28(1) to support new or existing
9.29multijurisdictional entities to investigate sex
9.30trafficking crimes; and
9.31(2) to provide technical assistance, including
9.32training and case consultation, to law
9.33enforcement agencies statewide.
| 10.1 |
(e) Pathway to Policing Reimbursement Grants |
||||||
10.3grants to local units of government that operate
10.4pathway to policing programs intended to
10.5bring persons with nontraditional backgrounds
10.6into law enforcement. Applicants for
10.7reimbursement grants may receive up to 50
10.8percent of the cost of compensating and
10.9training pathway to policing participants.
10.10Reimbursement grants shall be proportionally
10.11allocated based on the number of grant
10.12applications approved by the commissioner.
| 10.13 |
Subd. 8.Emergency Communication Networks |
77,119,000 |
77,131,000 |
||||
10.15government special revenue fund for 911
10.16emergency telecommunications services.
10.17This appropriation includes funds for
10.18information technology project services and
10.19support subject to the provisions of Minnesota
10.20Statutes, section 16E.0466. Any ongoing
10.21information technology costs will be
10.22incorporated into the service level agreement
10.23and will be paid to the Office of MN.IT
10.24Services by the Department of Public Safety
10.25under the rates and mechanism specified in
10.26that agreement.
| 10.27 |
(a) Public Safety Answering Points |
||||||
10.29provided in Minnesota Statutes, section
10.30403.113, subdivision 2.
| 10.31 |
(b) Medical Resource Communication Centers |
||||||
10.33Minnesota Emergency Medical Services
10.34Regulatory Board for the Metro East and
11.1Metro West Medical Resource
11.2Communication Centers that were in operation
11.3before January 1, 2000.
| 11.4 |
(c) ARMER Debt Service |
||||||
11.6of management and budget to pay debt service
11.7on revenue bonds issued under Minnesota
11.8Statutes, section 403.275.
11.9Any portion of this appropriation not needed
11.10to pay debt service in a fiscal year may be used
11.11by the commissioner of public safety to pay
11.12cash for any of the capital improvements for
11.13which bond proceeds were appropriated by
11.14Laws 2005, chapter 136, article 1, section 9,
11.15subdivision 8; or Laws 2007, chapter 54,
11.16article 1, section 10, subdivision 8.
11.17(d) ARMER State Backbone Operating
11.18Costs
11.19$9,650,000 each year is to the commissioner
11.20of transportation for costs of maintaining and
11.21operating the statewide radio system
11.22backbone.
11.23(e) ARMER Improvements
11.24$1,000,000 each year is to the Statewide
11.25Emergency Communications Board for
11.26improvements to those elements of the
11.27statewide public safety radio and
11.28communication system that support mutual
11.29aid communications and emergency medical
11.30services or provide interim enhancement of
11.31public safety communication interoperability
11.32in those areas of the state where the statewide
11.33public safety radio and communication system
11.34is not yet implemented, and grants to local
12.1units of government to further the strategic
12.2goals set forth by the Statewide Emergency
12.3Communications Board strategic plan.
| 12.4 12.5 |
Sec. 12. PEACE OFFICER STANDARDS AND TRAINING (POST) BOARD |
||||||
| 12.6 |
Subdivision 1.Total Appropriation |
$ |
10,634,000 |
$ |
10,638,000 |
||
| 12.7 |
Appropriations by Fund |
||
| 12.8 |
2018 |
2019 |
|
| 12.9 |
General |
6,500,000 |
6,500,000 |
| 12.10 |
Special Revenue |
4,134,000 |
4,138,000 |
12.12purpose are specified in the following
12.13subdivisions.
| 12.14 |
Subd. 2.Excess Amounts Transferred |
||||||
12.16the peace officer training account. Any new
12.17receipts credited to that account in the first
12.18year in excess of $4,134,000 must be
12.19transferred and credited to the general fund.
12.20Any new receipts credited to that account in
12.21the second year in excess of $4,138,000 must
12.22be transferred and credited to the general fund.
| 12.23 |
Subd. 3.Peace Officer Training Reimbursements |
||||||
12.25training account in the special revenue fund
12.26for reimbursements to local governments for
12.27peace officer training costs.
| 12.28 |
Subd. 4.Peace Officer Training Assistance |
||||||
12.30to support and strengthen law enforcement
12.31training and implement best practices. The
12.32base for this activity is $6,500,000 in fiscal
12.33years 2020 and 2021, and zero in fiscal year
12.342022 and thereafter.
| 13.1 |
Subd. 5.De-escalation Training |
||||||
13.3training account in the special revenue fund
13.4for training state and local community safety
13.5personnel in the use of crisis de-escalation
13.6techniques. When selecting a service provider
13.7for this training, the board may consult with
13.8any postsecondary institution, any state or
13.9local governmental official, or any
13.10nongovernmental authority the board
13.11determines to be relevant. Among any other
13.12criteria the board may establish, the training
13.13provider must have a demonstrated
13.14understanding of the transitions and challenges
13.15that veterans may experience during their
13.16re-entry into society following combat service.
13.17The board must ensure that training
13.18opportunities provided are reasonably
13.19distributed statewide.
| 13.20 |
Sec. 13. PRIVATE DETECTIVE BOARD |
$ |
190,000 |
$ |
190,000 |
||
| 13.21 |
Sec. 14. CORRECTIONS |
||||||
| 13.22 13.23 |
Subdivision 1.Total Appropriation |
$ |
9,200,000 |
$ |
567,929,000 |
$ |
558,772,000 |
13.25purpose are specified in the following
13.26subdivisions.
| 13.27 13.28 |
Subd. 2.Correctional Institutions |
9,200,000 |
412,949,000 |
403,591,000 |
| 13.29 |
(a) Offender Health Care |
||||||
13.31deficiency in the base budget for the offender
13.32health care contract.
13.33$11,400,000 the first year is for the offender
13.34health care contract.
14.1Prior to entering into a new health care
14.2contract, the commissioner must identify and
14.3directly solicit bids from at least five health
14.4care organizations that provide, or are willing
14.5to provide, health care to prison inmates. In
14.6the department's next report required under
14.7Minnesota Statutes, section 241.016, after
14.8entering a new health care contract, the
14.9commissioner shall:
14.10(1) provide the names and a summary of each
14.11bid proposal from the health care organizations
14.12that submitted a proposal to provide health
14.13care to state inmates; and
14.14(2) explain, in detail, why the commissioner
14.15selected the chosen provider.
14.16The base for offender health care is
14.17$11,400,000 in fiscal years 2020 and 2021.
| 14.18 |
(b) Federal Prison Rape Elimination Act |
||||||
14.20requirements of the federal Prison Rape
14.21Elimination Act. The commissioner must limit
14.22the number of juveniles accepted at MCF-Red
14.23Wing so that the staffing-to-offender ratio at
14.24the facility complies with the act.
| 14.25 |
Subd. 3.Community Services |
128,070,000 |
128,213,000 |
||||
14.27$696,000 the first year and $697,000 the
14.28second year are for Department of Corrections
14.29probation and supervised release agents.
14.30(b) Community Corrections Act
14.31$2,100,000 each year is added to the
14.32Community Corrections Act subsidy, as
15.1described in Minnesota Statutes, section
15.2401.14.
15.3(c) County Probation Officer
15.4Reimbursement
15.5$230,000 each year is added to the county
15.6probation officers reimbursement, as described
15.7in Minnesota Statutes, section 244.19,
15.8subdivision 6.
| 15.9 15.10 |
(d) Alternatives to Incarceration Pilot Program Fund |
||||||
15.12second year are to fund grants to facilitate
15.13access to community treatment options under
15.14article 3, section 29.
| 15.15 |
Subd. 4.Operations Support |
26,910,000 |
26,968,000 |
||||
15.17$1,187,000 each year is to support critical
15.18technology needs.
15.21 Section 1. Minnesota Statutes 2016, section 2.722, subdivision 1, is amended to read:
15.22 Subdivision 1. Description. Effective July 1, 1959, the state is divided into ten judicial
15.23districts composed of the following named counties, respectively, in each of which districts
15.24judges shall be chosen as hereinafter specified:
15.25 1. Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and Sibley; 36 judges; and four
15.26permanent chambers shall be maintained in Red Wing, Hastings, Shakopee, and Glencoe
15.27and one other shall be maintained at the place designated by the chief judge of the district;
15.28 2. Ramsey; 26 judges;
15.29 3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, Waseca, Freeborn, Mower,
15.30and Fillmore; 23 judges; and permanent chambers shall be maintained in Faribault, Albert
15.31Lea, Austin, Rochester, and Winona;
16.1 4. Hennepin; 60 judges;
16.2 5. Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, Lincoln, Cottonwood,
16.3Murray, Nobles, Pipestone, Rock, Faribault, Martin, and Jackson; 16 judges; and permanent
16.4chambers shall be maintained in Marshall, Windom, Fairmont, New Ulm, and Mankato;
16.5 6. Carlton, St. Louis, Lake, and Cook; 15 judges;
16.6 7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail, Stearns, Todd, Clay, Becker, and
16.7Wadena;
16.8Falls, Little Falls, and St. Cloud;
16.9 8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, Swift, Yellow Medicine, Big
16.10Stone, Grant, Pope, Stevens, Traverse, and Wilkin; 11 judges; and permanent chambers
16.11shall be maintained in Morris, Montevideo, and Willmar;
16.12 9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau, Mahnomen, Pennington, Aitkin,
16.13Itasca, Crow Wing, Hubbard, Beltrami, Lake of the Woods, Clearwater, Cass and
16.14Koochiching;
16.15Thief River Falls, Bemidji, Brainerd, Grand Rapids, and International Falls; and
16.16 10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, Chisago, and Washington; 45
16.17judges; and permanent chambers shall be maintained in Anoka, Stillwater, and other places
16.18designated by the chief judge of the district.
16.19 Sec. 2. Minnesota Statutes 2016, section 13.69, subdivision 1, is amended to read:
16.20 Subdivision 1. Classifications. (a) The following government data of the Department
16.21of Public Safety are private data:
16.22 (1) medical data on driving instructors, licensed drivers, and applicants for parking
16.23certificates and special license plates issued to physically disabled persons;
16.24 (2) other data on holders of a disability certificate under section
16.25data that are not medical data may be released to law enforcement agencies, and (ii) data
16.26necessary for enforcement of sections
16.27enforcement employees or parking enforcement agents of statutory or home rule charter
16.28cities and towns;
16.29 (3) Social Security numbers in driver's license and motor vehicle registration records,
16.30except that Social Security numbers must be provided to the Department of Revenue for
16.31purposes of tax administration, the Department of Labor and Industry for purposes of
16.32workers' compensation administration and enforcement, the judicial branch for purposes of
17.1debt collection, and the Department of Natural Resources for purposes of license application
17.2administration; and
17.3 (4) data on persons listed as standby or temporary custodians under section
17.4subdivision 11
17.5 (i) law enforcement agencies for the purpose of verifying that an individual is a designated
17.6caregiver; or
17.7 (ii) law enforcement agencies who state that the license holder is unable to communicate
17.8at that time and that the information is necessary for notifying the designated caregiver of
17.9the need to care for a child of the license holder.
17.10 The department may release the Social Security number only as provided in clause (3)
17.11and must not sell or otherwise provide individual Social Security numbers or lists of Social
17.12Security numbers for any other purpose.
17.13 (b) The following government data of the Department of Public Safety are confidential
17.14data: data concerning an individual's driving ability when that data is received from a member
17.15of the individual's family.
17.16 Sec. 3. Minnesota Statutes 2016, section 243.49, is amended to read:
17.17243.49 COMMITMENT PAPERS; DUTY OF COURT ADMINISTRATOR.
17.18Upon a plea of guilty or finding of guilty after trial, the court administrator of every
17.19court which sentences a defendant for a felony or gross misdemeanor to the custody of the
17.20commissioner of corrections or to the superintendent of the workhouse or work farm, shall
17.21provide the officer or person having custody of the defendant a certified record for
17.22commitment, including
17.23
17.24
17.25
17.26
17.27
17.28
17.29
17.30include the trial judge's impressions of the defendant's mental and physical condition, general
17.31character, capacity, disposition, habits and special needs.
17.32
17.33any postconviction proceeding brought by the defendant. The court administrator shall also
18.1deliver to the sheriff or other officer or person conveying the defendant to the correctional
18.2facility, workhouse, or work farm designated by the commissioner of corrections or the
18.3judge a warrant of commitment together with a certified copy of the warrant directing the
18.4conveyor to deliver the person and the certified record for commitment to the principal
18.5officer in charge of the correctional facility, workhouse, or work farm. Upon the delivery
18.6of any person, the principal officer in charge of the correctional facility, workhouse, or work
18.7farm shall keep the certified copy of the warrant of commitment and endorse the principal
18.8officer's receipt upon the original, which shall be filed with the sentencing court. The court
18.9administrator shall retain
18.10court reporter's notes of all
18.11 Sec. 4. Minnesota Statutes 2016, section 271.21, subdivision 2, is amended to read:
18.12 Subd. 2. Jurisdiction. At the election of the taxpayer, the Small Claims Division shall
18.13have jurisdiction only in the following matters:
18.14(a) cases involving valuation, assessment, or taxation of real or personal property, if:
18.15(i) the issue is a denial of a current year application for the homestead classification for
18.16the taxpayer's property;
18.17(ii) only one parcel is included in the petition, the entire parcel is classified as homestead
18.18class 1a or 1b under section
18.19(iii) the entire property is classified as agricultural homestead class 2a or 1b under section
18.21(iv) the assessor's estimated market value of the property included in the petition is less
18.22than $300,000; or
18.23(b) any case not involving valuation, assessment, or taxation of real and personal property
18.24in which the amount in controversy does not exceed
18.25interest.
18.26EFFECTIVE DATE.This section is effective the day following final enactment.
18.27 Sec. 5. Minnesota Statutes 2016, section 299A.707, subdivision 2, is amended to read:
18.28 Subd. 2. Account purpose, grants. Money in this account shall be allocated by a grant
18.29program administered by the commissioner of public safety through the Office of Justice
18.30Programs. Local units of government and nonprofit organizations are eligible for grants to
18.31establish or operate chemical dependency and mental health treatment programs, programs
19.1that improve supervision, including pretrial and precharge supervision, and programs to
19.2reduce recidivism of controlled substances offenders on probation or supervised release or
19.3participating in
19.4initiatives approved by the Judicial Council.
19.5 Sec. 6. Minnesota Statutes 2016, section 357.42, is amended to read:
19.6357.42
19.7 (a) When a court establishes a
19.8or more fees for services provided to defendants participating in the process.
19.9 (b) In each fiscal year, the court shall deposit the
19.10in the special revenue fund and credit the fees to a separate account for the trial courts. The
19.11balance in this account is appropriated to the trial courts and does not cancel but is available
19.12until expended. Expenditures from this account must be made for
19.13purposes.
19.14 Sec. 7. Minnesota Statutes 2016, section 358.116, is amended to read:
19.15358.116 COURT DOCUMENTS.
19.16Unless specifically required by court rule, a pleading, motion, affidavit, or other document
19.17filed with a court of the Minnesota judicial branch, or presented to a judge or judicial officer
19.18in support of a request for a court order, warrant, or other relief, is not required to be
19.19notarized. Signing a document filed with the court or presented to a judge or judicial officer
19.20constitutes "verification upon oath or affirmation" as defined in section
19.21without administration of an oath under section
19.22defined by court rules, is affixed immediately below a declaration using substantially the
19.23following language: "I declare under penalty of perjury that everything I have stated in this
19.24document is true and correct." In addition to the signature, the date of signing and the county
19.25and state where the document was signed shall be noted on the document. A person who
19.26signs knowing that the document is false in any material respect is guilty of perjury under
19.27section
19.28 Sec. 8. Minnesota Statutes 2016, section 480.242, subdivision 2, is amended to read:
19.29 Subd. 2. Review of applications; selection of recipients. At times and in accordance
19.30with any procedures as the Supreme Court adopts in the form of court rules, applications
19.31for the expenditure of civil legal services funds shall be accepted from qualified legal services
19.32programs or from local government agencies and nonprofit organizations seeking to establish
20.1qualified alternative dispute resolution programs. The applications shall be reviewed by the
20.2advisory committee, and the advisory committee, subject to review by the Supreme Court,
20.3shall distribute the funds available for this expenditure to qualified legal services programs
20.4or to qualified alternative dispute resolution programs submitting applications. The funds
20.5shall be distributed in accordance with the following formula:
20.6(a) Eighty-five percent of the funds distributed shall be distributed to qualified legal
20.7services programs that have demonstrated an ability as of July 1, 1982, to provide legal
20.8services to persons unable to afford private counsel with funds provided by the federal Legal
20.9Services Corporation. The allocation of funds among the programs selected shall be based
20.10upon the number of persons with incomes below the poverty level established by the United
20.11States Census Bureau who reside in the geographical area served by each program, as
20.12determined by the Supreme Court on the basis of the most recent national census. All funds
20.13distributed pursuant to this clause shall be used for the provision of legal services in civil
20.14and farm legal assistance matters as prioritized by program boards of directors to eligible
20.15clients.
20.16(b) Fifteen percent of the funds distributed may be distributed (1) to other qualified legal
20.17services programs for the provision of legal services in civil matters to eligible clients,
20.18including programs which organize members of the private bar to perform services and
20.19programs for qualified alternative dispute resolution, (2) to programs for training mediators
20.20operated by nonprofit alternative dispute resolution corporations, or (3) to qualified legal
20.21services programs to provide family farm legal assistance for financially distressed state
20.22farmers. The family farm legal assistance must be directed at farm financial problems
20.23including, but not limited to, liquidation of farm property including bankruptcy, farm
20.24foreclosure, repossession of farm assets, restructuring or discharge of farm debt, farm credit
20.25and general debtor-creditor relations, and tax considerations. If all the funds to be distributed
20.26pursuant to this clause cannot be distributed because of insufficient acceptable applications,
20.27the remaining funds shall be distributed pursuant to clause (a).
20.28A person is eligible for legal assistance under this section if the person is an eligible
20.29client as defined in section
20.30(1) is a state resident;
20.31(2) is or has been a farmer or a family shareholder of a family farm corporation within
20.32the preceding 24 months;
20.33(3) has a debt-to-asset ratio greater than 50 percent; and
21.1
21.2
21.3
21.4guidelines established under section 480.243, subdivision 1.
21.5Qualifying farmers and small business operators whose bank loans are held by the Federal
21.6Deposit Insurance Corporation are eligible for legal assistance under this section.
21.7 Sec. 9. Minnesota Statutes 2016, section 484.70, subdivision 7, is amended to read:
21.8 Subd. 7. Referee duties. The duties and powers of referees shall be as follows:
21.9(a) Hear and report all matters assigned by the chief judge.
21.10(b) Recommend findings of fact, conclusions of law, temporary and interim orders, and
21.11final orders for judgment.
21.12All recommended orders and findings of a referee shall be subject to confirmation by a
21.13judge.
21.14(c) Upon the conclusion of the hearing in each case, the referee shall transmit to a judge
21.15the court file together with recommended findings and orders in writing. The recommended
21.16findings and orders of a referee become the findings and orders of the court when confirmed
21.17by a judge. The order of the court shall be proof of such confirmation, and also of the fact
21.18that the matter was duly referred to the referees.
21.19(d) Review of any recommended order or finding of a referee by a judge may be by
21.20notice served and filed within ten days of effective notice of the recommended order or
21.21finding. The notice of review shall specify the grounds for review and the specific provisions
21.22of the recommended findings or orders disputed, and the court, upon receipt of a notice of
21.23review, shall set a time and place for a review hearing.
21.24(e) All orders and findings recommended by a referee become an effective order when
21.25countersigned by a judge and remain effective during the pendency of a review, including
21.26a remand to the referee, unless a judge:
21.27(1) expressly stays the effect of the order;
21.28(2) changes the order during the pendency of the review; or
21.29(3) changes or vacates the order upon completion of the review.
22.1(f) Notwithstanding paragraphs (d) and (e), referee orders and decrees in probate or civil
22.2commitment court proceedings, if appealed, must be appealed directly to the Court of
22.3Appeals, in the same manner as judicial orders and decrees.
22.4 Sec. 10. Minnesota Statutes 2016, section 484.702, is amended by adding a subdivision
22.5to read:
22.6 Subd. 6. Expedited child support process. Hearings and proceedings conducted in the
22.7expedited child support process under this section may be reported by use of electronic
22.8recording equipment provided that the equipment meets the minimum standards established
22.9by the state court administrator. Electronic recording equipment must be operated and
22.10monitored by a person who meets the minimum qualifications established by the state court
22.11administrator.
22.12 Sec. 11. Minnesota Statutes 2016, section 486.05, subdivision 1, is amended to read:
22.13 Subdivision 1. Salaries. The salary for each court reporter shall be set
22.14
22.15bargaining agreements within the range established under section
22.16the judicial branch personnel rules.
22.17 Sec. 12. Minnesota Statutes 2016, section 486.06, is amended to read:
22.18486.06 CHARGE FOR TRANSCRIPT.
22.19In addition to the salary set in section
22.20transcript of a record ordered by any person other than the judge
22.21
22.22
22.23
22.24A court reporter may impose a fee authorized under this section only if the transcript is
22.25delivered to the person who ordered it within a reasonable time after it was ordered.
22.26 Sec. 13. Minnesota Statutes 2016, section 513.41, is amended to read:
22.27513.41 DEFINITIONS.
22.28As used in sections
22.29(1) "Affiliate" means:
23.1(i) a person that directly or indirectly owns, controls, or holds with power to vote, 20
23.2percent or more of the outstanding voting securities of the debtor, other than a person that
23.3holds the securities,
23.4(A) as a fiduciary or agent without sole discretionary power to vote the securities; or
23.5(B) solely to secure a debt, if the person has not in fact exercised the power to vote;
23.6(ii) a corporation 20 percent or more of whose outstanding voting securities are directly
23.7or indirectly owned, controlled, or held with power to vote, by the debtor or a person that
23.8directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the
23.9outstanding voting securities of the debtor, other than a person that holds the securities,
23.10(A) as a fiduciary or agent without sole discretionary power to vote the securities; or
23.11(B) solely to secure a debt, if the person has not in fact exercised the power to vote;
23.12(iii) a person whose business is operated by the debtor under a lease or other agreement,
23.13or a person substantially all of whose assets are controlled by the debtor; or
23.14(iv) a person that operates the debtor's business under a lease or other agreement or
23.15controls substantially all of the debtor's assets.
23.16(2) "Asset" means property of a debtor, but the term does not include:
23.17(i) property to the extent it is encumbered by a valid lien;
23.18(ii) property to the extent it is generally exempt under nonbankruptcy law; or
23.19(iii) an interest in property held in tenancy by the entireties to the extent it is not subject
23.20to process by a creditor holding a claim against only one tenant.
23.21(3) "Claim" means a right to payment, whether or not the right is reduced to judgment,
23.22liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal,
23.23equitable, secured, or unsecured.
23.24(4) "Creditor" means a person that has a claim.
23.25(5) "Debt" means liability on a claim.
23.26(6) "Debtor" means a person that is liable on a claim.
23.27(7) "Electronic" means relating to technology having electrical, digital, magnetic, wireless,
23.28optical, electromagnetic, or similar capabilities.
23.29(8) "Insider" includes:
23.30(i) if the debtor is an individual,
24.1(A) a relative of the debtor or of a general partner of the debtor;
24.2(B) a partnership in which the debtor is a general partner;
24.3(C) a general partner in a partnership described in subitem (B); or
24.4(D) a corporation of which the debtor is a director, officer, or a person in control;
24.5(ii) if the debtor is a corporation,
24.6(A) a director of the debtor;
24.7(B) an officer of the debtor;
24.8(C) a person in control of the debtor;
24.9(D) a partnership in which the debtor is a general partner;
24.10(E) a general partner in a partnership described in subitem (D); or
24.11(F) a relative of a general partner, director, officer, or person in control of the debtor;
24.12(iii) if the debtor is a partnership,
24.13(A) a general partner in the debtor;
24.14(B) a relative of a general partner in, or a general partner of, or a person in control of
24.15the debtor;
24.16(C) another partnership in which the debtor is a general partner;
24.17(D) a general partner in a partnership described in subitem (C); or
24.18(E) a person in control of the debtor;
24.19(iv) an affiliate, or an insider of an affiliate as if the affiliate were the debtor; and
24.20(v) a managing agent of the debtor.
24.21(9) "Lien" means a charge against or an interest in property to secure payment of a debt
24.22or performance of an obligation, and includes a security interest created by agreement, a
24.23judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or
24.24a statutory lien.
24.25(10) "Organization" means a person other than an individual.
24.26(11) "Person" means an individual, estate, business or nonprofit entity, public corporation,
24.27government or governmental subdivision, agency, or instrumentality, or other legal entity.
24.28(12) "Property" means anything that may be subject of ownership.
25.1(13) "Record" means information that is inscribed on a tangible medium or that is stored
25.2in an electronic or other medium and is retrievable in perceivable form.
25.3(14) "Relative" means an individual related by consanguinity within the third degree as
25.4determined by the common law, a spouse, or an individual related to a spouse within the
25.5third degree as so determined, and includes an individual in an adoptive relationship within
25.6the third degree.
25.7(15) "Sign" means, with present intent to authenticate or adopt a record:
25.8(i) to execute or adopt a tangible symbol; or
25.9(ii) to attach to or logically associate with the record an electronic symbol, sound, or
25.10process.
25.11(16) "Transfer" means every mode, direct or indirect, absolute or conditional, voluntary
25.12or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes
25.13payment of money, release, lease, license, and creation of a lien or other encumbrance.
25.14Transfer does not include a donation or contribution of money or an asset made to a qualified
25.15charitable or religious organization or entity, whether made by a debtor or by any other
25.16person and whether or not the donation or contribution requires or results in a payment
25.17being made by a debtor to the charitable or religious organization pursuant to a promissory
25.18note, stock, bond, debenture, or by any other method, unless the donation or contribution
25.19was made within two years of commencement of an action under sections
25.20against the qualified charitable or religious organization or entity, was made by the debtor,
25.21and:
25.22(i) the debtor made the donation or charitable contribution with actual intent to hinder,
25.23delay, or defraud any creditor of the debtor; or
25.24(ii) the debtor made the donation or charitable contribution and:
25.25(A) was insolvent at the time of the contribution or would be rendered insolvent by
25.26reason of the contribution;
25.27(B) was engaged or was about to engage in a business or a transaction for which the
25.28remaining assets of the debtor were unreasonably small in relation to the business or
25.29transaction; or
25.30(C) intended to incur, or the charitable or religious organization or entity believed or
25.31had reason to believe that the debtor would incur, debts beyond the debtor's ability to pay
25.32as the debts become due.
26.1A transfer of a charitable contribution to a qualified charitable or religious organization
26.2or entity is not considered a transfer covered under item (ii) if the amount of that contribution
26.3did not exceed 15 percent of the gross annual income of the debtor for the year in which
26.4the transfer of the contribution was made; or the contribution exceeded that amount but the
26.5transfer was consistent with practices of the debtor in making charitable contributions.
26.6Transfer does include a return on investment made directly by a qualified charitable or
26.7religious organization or entity. A charitable or religious organization shall not be deemed
26.8to have made an investment by reason of accepting the donation or contribution of a
26.9promissory note, stock, bond, debenture, or other nonmonetary asset nor by extending or
26.10modifying the terms of repayment of the promissory note, stock, bond, debenture, or other
26.11similar nonmonetary asset. "Qualified charitable or religious organization or entity" means
26.12an organization or entity described in United States Code, title 26, section 170(c)(1), (2),
26.13or (3).
26.14(17) "Valid lien" means a lien that is effective against the holder of a judicial lien
26.15subsequently obtained by legal or equitable process or proceedings.
26.16EFFECTIVE DATE.This section is effective the day following final enactment, and
26.17applies to all pending cases and to causes of action arising before, on, or after that date.
26.18 Sec. 14. Minnesota Statutes 2016, section 518.179, subdivision 2, is amended to read:
26.19 Subd. 2. Applicable crimes. This section applies to the following crimes or similar
26.20crimes under the laws of the United States, or any other state:
26.21(1) murder in the first, second, or third degree under section
26.22(2) manslaughter in the first degree under section
26.23(3) assault in the first, second, or third degree under section
26.24(4) kidnapping under section
26.25(5) depriving another of custodial or parental rights under section
26.26(6) soliciting, inducing, promoting, or receiving profit derived from prostitution involving
26.27a minor under section
26.28(7) criminal sexual conduct in the first degree under section
26.29(8) criminal sexual conduct in the second degree under section
26.30(9) criminal sexual conduct in the third degree under section
26.31paragraph (c), (f), or (g);
27.1(10) solicitation of a child to engage in sexual conduct under section
27.2(11) incest under section
27.3(12) malicious punishment of a child under section
27.4(13) neglect of a child under section
27.5(14) terroristic threats under section
27.6(15) felony stalking under section
27.7(16) domestic assault by strangulation under section 609.2247.
27.8 Sec. 15. Minnesota Statutes 2016, section 549.09, subdivision 1, is amended to read:
27.9 Subdivision 1. When owed; rate. (a) When a judgment or award is for the recovery of
27.10money, including a judgment for the recovery of taxes, interest from the time of the verdict,
27.11award, or report until judgment is finally entered shall be computed by the court administrator
27.12or arbitrator as provided in paragraph (c) and added to the judgment or award.
27.13(b) Except as otherwise provided by contract or allowed by law, preverdict, preaward,
27.14or prereport interest on pecuniary damages shall be computed as provided in paragraph (c)
27.15from the time of the commencement of the action or a demand for arbitration, or the time
27.16of a written notice of claim, whichever occurs first, except as provided herein. The action
27.17must be commenced within two years of a written notice of claim for interest to begin to
27.18accrue from the time of the notice of claim. If either party serves a written offer of settlement,
27.19the other party may serve a written acceptance or a written counteroffer within 30 days.
27.20After that time, interest on the judgment or award shall be calculated by the judge or arbitrator
27.21in the following manner. The prevailing party shall receive interest on any judgment or
27.22award from the time of commencement of the action or a demand for arbitration, or the time
27.23of a written notice of claim, or as to special damages from the time when special damages
27.24were incurred, if later, until the time of verdict, award, or report only if the amount of its
27.25offer is closer to the judgment or award than the amount of the opposing party's offer. If
27.26the amount of the losing party's offer was closer to the judgment or award than the prevailing
27.27party's offer, the prevailing party shall receive interest only on the amount of the settlement
27.28offer or the judgment or award, whichever is less, and only from the time of commencement
27.29of the action or a demand for arbitration, or the time of a written notice of claim, or as to
27.30special damages from when the special damages were incurred, if later, until the time the
27.31settlement offer was made. Subsequent offers and counteroffers supersede the legal effect
27.32of earlier offers and counteroffers. For the purposes of clause (2), the amount of settlement
27.33offer must be allocated between past and future damages in the same proportion as determined
28.1by the trier of fact. Except as otherwise provided by contract or allowed by law, preverdict,
28.2preaward, or prereport interest shall not be awarded on the following:
28.3(1) judgments, awards, or benefits in workers' compensation cases, but not including
28.4third-party actions;
28.5(2) judgments or awards for future damages;
28.6(3) punitive damages, fines, or other damages that are noncompensatory in nature;
28.7(4) judgments or awards not in excess of the amount specified in section
28.8(5) that portion of any verdict, award, or report which is founded upon interest, or costs,
28.9disbursements, attorney fees, or other similar items added by the court or arbitrator.
28.10(c)(1)(i)
28.11
28.12
28.13simple interest per annum. The rate of interest shall be based on the secondary market yield
28.14of one year United States Treasury bills, calculated on a bank discount basis as provided in
28.15this section.
28.16On or before the 20th day of December of each year the state court administrator shall
28.17determine the rate from the one-year constant maturity treasury yield for the most recent
28.18calendar month, reported on a monthly basis in the latest statistical release of the board of
28.19governors of the Federal Reserve System. This yield, rounded to the nearest one percent,
28.20or four percent, whichever is greater, shall be the annual interest rate during the succeeding
28.21calendar year. The state court administrator shall communicate the interest rates to the court
28.22administrators and sheriffs for use in computing the interest on verdicts and shall make the
28.23interest rates available to arbitrators.
28.24
28.25
28.26
28.27(ii) The court, in a family court action, may order a lower interest rate or no interest rate
28.28if the parties agree or if the court makes findings explaining why application of a lower
28.29interest rate or no interest rate is necessary to avoid causing an unfair hardship to the debtor.
28.30This item does not apply to child support or spousal maintenance judgments subject to
28.31section
29.1(2)
29.2
29.3
29.4
29.5a payment after entry of judgment, whether the payment is made voluntarily by or on behalf
29.6of the judgment debtor, or is collected by legal process other than execution levy where a
29.7proper return has been filed with the court administrator, the judgment creditor, or the
29.8judgment creditor's attorney, before applying to the court administrator for an execution
29.9shall file with the court administrator an affidavit of partial satisfaction. The affidavit must
29.10state the dates and amounts of payments made upon the judgment after the most recent
29.11affidavit of partial satisfaction filed, if any; the part of each payment that is applied to taxable
29.12disbursements and to accrued interest and to the unpaid principal balance of the judgment;
29.13and the accrued, but the unpaid interest owing, if any, after application of each payment.
29.14(d) This section does not apply to arbitrations between employers and employees under
29.15chapter 179 or 179A. An arbitrator is neither required to nor prohibited from awarding
29.16interest under chapter 179 or under section
29.17
29.18
29.19
29.20
29.21
29.22(e) This section does not apply to a judgment or award upon which interest is entitled
29.23to be recovered under section 60A.0811.
29.24EFFECTIVE DATE.This section is effective August 1, 2017, and applies to judgments
29.25and awards entered on or after that date.
29.26 Sec. 16. Minnesota Statutes 2016, section 609.48, is amended by adding a subdivision to
29.27read:
29.28 Subd. 5. Venue. A violation of subdivision 1, clause (4), may be prosecuted in the county
29.29where the statement, under penalty of perjury, was signed, or the county of the district court
29.30in which the statement was filed.
30.1 Sec. 17. Minnesota Statutes 2016, section 609.748, subdivision 4, is amended to read:
30.2 Subd. 4. Temporary restraining order; relief by court. (a) The court may issue a
30.3temporary restraining order that provides any or all of the following:
30.4(1) orders the respondent to cease or avoid the harassment of another person; or
30.5(2) orders the respondent to have no contact with another person.
30.6(b) The court may issue an order under paragraph (a) if the petitioner files a petition in
30.7compliance with subdivision 3 and if the court finds reasonable grounds to believe that the
30.8respondent has engaged in harassment. When a petition alleges harassment as defined by
30.9subdivision 1, paragraph (a), clause (1), the petition must further allege an immediate and
30.10present danger of harassment before the court may issue a temporary restraining order under
30.11this section. When signed by a referee, the temporary order becomes effective upon the
30.12referee's signature.
30.13(c) Notice need not be given to the respondent before the court issues a temporary
30.14restraining order under this subdivision. A copy of the restraining order must be served on
30.15the respondent along with the order for hearing and petition, as provided in subdivision 3.
30.16If the respondent is a juvenile, whenever possible, a copy of the restraining order, along
30.17with notice of the pendency of the case and the time and place of the hearing, shall also be
30.18served by mail at the last known address upon any parent or guardian of the juvenile
30.19respondent who is not the petitioner. A temporary restraining order may be entered only
30.20against the respondent named in the petition.
30.21(d) The temporary restraining order is in effect until a hearing is held on the issuance of
30.22a restraining order under subdivision 5. The court shall hold the hearing on the issuance of
30.23a restraining order if the petitioner requests a hearing. The hearing may be continued by the
30.24court upon a showing that the respondent has not been served with a copy of the temporary
30.25restraining order despite the exercise of due diligence or if service is made by published
30.26notice under subdivision 3 and the petitioner files the affidavit required under that
30.27subdivision.
30.28(e) If the temporary restraining order has been issued and the respondent requests a
30.29hearing, the hearing shall be scheduled by the court upon receipt of the respondent's request.
30.30Service of the notice of hearing must be made upon the petitioner not less than five days
30.31prior to the hearing. The court shall serve the notice of the hearing upon the petitioner by
30.32mail in the manner provided in the Rules of Civil Procedure for pleadings subsequent to a
30.33complaint and motions and shall also mail notice of the date and time of the hearing to the
30.34respondent. In the event that service cannot be completed in time to give the respondent or
31.1petitioner the minimum notice required under this subdivision, the court may set a new
31.2hearing date.
31.3(f) A request for a hearing under this subdivision must be made within
31.4
31.5 Sec. 18. Minnesota Statutes 2016, section 631.52, subdivision 2, is amended to read:
31.6 Subd. 2. Application. Subdivision 1 applies to the following crimes or similar crimes
31.7under the laws of the United States or any other state:
31.8(1) murder in the first, second, or third degree under section
31.9(2) manslaughter in the first degree under section
31.10(3) assault in the first, second, or third degree under section
31.11(4) kidnapping under section
31.12(5) depriving another of custodial or parental rights under section
31.13(6) soliciting, inducing, promoting, or receiving profit derived from prostitution involving
31.14a minor under section
31.15(7) criminal sexual conduct in the first degree under section
31.16(8) criminal sexual conduct in the second degree under section
31.17(9) criminal sexual conduct in the third degree under section
31.18paragraph (c), (f), or (g);
31.19(10) solicitation of a child to engage in sexual conduct under section
31.20(11) incest under section
31.21(12) malicious punishment of a child under section
31.22(13) neglect of a child under section
31.23(14) terroristic threats under section
31.24(15) felony stalking under section
31.25(16) domestic assault by strangulation under section 609.2247.
31.26 Sec. 19. Minnesota Statutes 2016, section 634.36, is amended to read:
31.27634.36 EVIDENCE OF VIDEOTAPES, AUDIOTAPES, OR OTHER
31.28RECORDINGS.
32.1In any hearing or trial of a criminal offense or petty misdemeanor or proceeding pursuant
32.2to section
32.3recording prepared by a peace officer, using recording equipment in a law enforcement
32.4vehicle or on the officer's person, while in the performance of official duties shall not be
32.5excluded on the ground that a written transcript of the recording was not prepared and
32.6available at or prior to trial. As used in this section, "peace officer" has the meaning given
32.7in section
32.8EFFECTIVE DATE.This section is effective July 1, 2017, and applies to trials and
32.9hearings beginning on or after that date.
32.10 Sec. 20. REPEALER.
32.11Minnesota Statutes 2016, sections 169.685, subdivision 4; 486.05, subdivision 1a; and
32.12525.112, are repealed.
32.15 Section 1. Minnesota Statutes 2016, section 3.739, subdivision 1, is amended to read:
32.16 Subdivision 1. Permissible claims. Claims and demands arising out of the circumstances
32.17described in this subdivision shall be presented to, heard, and determined as provided in
32.18subdivision 2:
32.19(1) an injury to or death of an inmate of a state, regional, or local correctional facility
32.20or county jail
32.21compensated or uncompensated work in the community for a state agency, a political
32.22subdivision or public corporation of this state, a nonprofit educational, medical, or social
32.23service agency, or a private business or individual,
32.24performing the work;
32.25(2) an injury to or death of a person sentenced by a court, granted a suspended sentence
32.26by a court, or subject to a court disposition order, and who
32.27work
32.28costs, or other statutorily authorized correctional fees,
32.29
32.30performing the work;
33.1(3) an injury to or death of a person, who has been diverted from the court system and
33.2who is performing work as described in
33.3signed by the person, and if a juvenile, by a parent or guardian; and
33.4(4) an injury to or death of any person caused by an individual who was performing
33.5work as described in
33.6 Sec. 2. Minnesota Statutes 2016, section 152.105, is amended to read:
33.7152.105 DISPOSAL.
33.8 Subdivision 1. Disposal of controlled substances. Controlled substances listed in section
33.10of Code of Federal Regulations, title 21, parts 1300, 1301, 1304, 1305, 1307, and 1317, that
33.11are applicable to the disposal of controlled substances. Disposal of controlled substances
33.12and legend and nonlegend drugs must also comply with the requirements of section
33.13governing the disposal of hazardous waste, and the rules promulgated thereunder.
33.14 Subd. 2. Sheriff to maintain collection receptacle. The sheriff of each county shall
33.15maintain or contract for the maintenance of at least one collection receptacle for the disposal
33.16of noncontrolled substances, pharmaceutical controlled substances, and other legend drugs,
33.17as permitted by federal law. For purposes of this section, "legend drug" has the meaning
33.18given in section 151.01, subdivision 17. The collection receptacle must comply with federal
33.19law. In maintaining and operating the collection receptacle, the sheriff shall follow all
33.20applicable provisions of Code of Federal Regulations, title 21, parts 1300, 1301, 1304, 1305,
33.211307, and 1317, as amended through May 1, 2017.
33.22 Sec. 3. Minnesota Statutes 2016, section 171.015, is amended by adding a subdivision to
33.23read:
33.24 Subd. 7. Rulemaking limitation. (a) Notwithstanding any law to the contrary, the
33.25commissioner is prohibited from adopting any final rule that amends, conflicts with, or has
33.26the effect of modifying requirements in Minnesota Rules, parts 7410.0100 to 7410.0800.
33.27(b) This subdivision does not constitute authorization for the commissioner to adopt
33.28rules absent authority otherwise provided by other law.
33.29EFFECTIVE DATE.This section is effective the day following final enactment.
34.1 Sec. 4. Minnesota Statutes 2016, section 241.01, subdivision 3a, is amended to read:
34.2 Subd. 3a. Commissioner, powers and duties. The commissioner of corrections has the
34.3following powers and duties:
34.4(a) To accept persons committed to the commissioner by the courts of this state for care,
34.5custody, and rehabilitation.
34.6(b) To determine the place of confinement of committed persons in a correctional facility
34.7or other facility of the Department of Corrections and to prescribe reasonable conditions
34.8and rules for their employment, conduct, instruction, and discipline within or outside the
34.9facility. Inmates shall not exercise custodial functions or have authority over other inmates.
34.10(c) To administer the money and property of the department.
34.11(d) To administer, maintain, and inspect all state correctional facilities.
34.12(e) To transfer authorized positions and personnel between state correctional facilities
34.13as necessary to properly staff facilities and programs.
34.14(f) To utilize state correctional facilities in the manner deemed to be most efficient and
34.15beneficial to accomplish the purposes of this section, but not to close the Minnesota
34.16Correctional Facility-Stillwater or the Minnesota Correctional Facility-St. Cloud without
34.17legislative approval. The commissioner may place juveniles and adults at the same state
34.18minimum security correctional facilities, if there is total separation of and no regular contact
34.19between juveniles and adults, except contact incidental to admission, classification, and
34.20mental and physical health care.
34.21(g) To organize the department and employ personnel the commissioner deems necessary
34.22to discharge the functions of the department, including a chief executive officer for each
34.23facility under the commissioner's control who shall serve in the unclassified civil service
34.24and may, under the provisions of section
34.25(h) To define the duties of these employees and to delegate to them any of the
34.26commissioner's powers, duties and responsibilities, subject to the commissioner's control
34.27and the conditions the commissioner prescribes.
34.28(i) To annually develop a comprehensive set of goals and objectives designed to clearly
34.29establish the priorities of the Department of Corrections. This report shall be submitted to
34.30the governor commencing January 1, 1976. The commissioner may establish ad hoc advisory
34.31committees.
35.1(j) The commissioner may not expand the bed capacity of an existing adult male
35.2correctional facility or build a new adult male correctional facility, or propose or seek
35.3funding for either, unless the commissioner submits to the legislature an outside, independent
35.4appraisal estimating the market value of the existing prison facility located in Appleton,
35.5Minnesota. The appraisal must have been completed within 90 days of submission to the
35.6legislature. This requirement does not apply if the Appleton facility is in use in a manner
35.7that makes it unavailable to meet the department's prison capacity needs.
35.8 Sec. 5. Minnesota Statutes 2016, section 243.05, subdivision 1, is amended to read:
35.9 Subdivision 1. Conditional release. (a) The commissioner of corrections may parole
35.10any person sentenced to confinement in any state correctional facility for adults under the
35.11control of the commissioner of corrections, provided that:
35.12(1) no inmate serving a life sentence for committing murder before May 1, 1980, other
35.13than murder committed in violation of clause (1) of section
35.14previously convicted of a felony shall be paroled without having served 20 years, less the
35.15diminution that would have been allowed for good conduct had the sentence been for 20
35.16years;
35.17(2) no inmate serving a life sentence for committing murder before May 1, 1980, who
35.18has been previously convicted of a felony or though not previously convicted of a felony
35.19is serving a life sentence for murder in the first degree committed in violation of clause (1)
35.20of section
35.21which would have been allowed for good conduct had the sentence been for 25 years;
35.22(3) any inmate sentenced prior to September 1, 1963, who would be eligible for parole
35.23had the inmate been sentenced after September 1, 1963, shall be eligible for parole; and
35.24(4) any new rule or policy or change of rule or policy adopted by the commissioner of
35.25corrections which has the effect of postponing eligibility for parole has prospective effect
35.26only and applies only with respect to persons committing offenses after the effective date
35.27of the new rule or policy or change.
35.28(b) Upon being paroled and released, an inmate is and remains in the legal custody and
35.29under the control of the commissioner, subject at any time to be returned to a facility of the
35.30Department of Corrections established by law for the confinement or treatment of convicted
35.31persons and the parole rescinded by the commissioner.
35.32(c) The written order of the commissioner of corrections, is sufficient authority for any
35.33peace officer, state correctional investigator, or state parole and probation agent to retake
36.1and place in actual custody any person on parole or supervised release. In addition, when
36.2it appears necessary in order to prevent escape or enforce discipline, any state parole and
36.3probation agent or state correctional investigator may, without order of warrant, take and
36.4detain a parolee or person on supervised release or work release and bring the person to the
36.5commissioner for action.
36.6(d) The written order of the commissioner of corrections is sufficient authority for any
36.7peace officer, state correctional investigator, or state parole and probation agent to retake
36.8and place in actual custody any person on probation under the supervision of the
36.9commissioner pursuant to section
36.10to prevent escape or enforce discipline, any state parole and probation agent or state
36.11correctional investigator may, without an order, retake and detain a probationer and bring
36.12the probationer before the court for further proceedings under section
36.13(e) The written order of the commissioner of corrections is sufficient authority for any
36.14peace officer, state correctional investigator, or state parole and probation agent to detain
36.15any person on pretrial release who absconds from pretrial release or fails to abide by the
36.16conditions of pretrial release.
36.17(f) Persons conditionally released, and those on probation under the supervision of the
36.18commissioner of corrections pursuant to section
36.19the boundaries of the state at the discretion of the commissioner of corrections or the court,
36.20and the limits fixed for these persons may be enlarged or reduced according to their conduct.
36.21(g) Except as otherwise provided in subdivision 1b, in considering applications for
36.22conditional release or discharge, the commissioner is not required to hear oral argument
36.23from any attorney or other person not connected with an adult correctional facility of the
36.24Department of Corrections in favor of or against the parole or release of any inmates. The
36.25commissioner may institute inquiries by correspondence, taking testimony, or otherwise,
36.26as to the previous history, physical or mental condition, and character of the inmate and, to
36.27that end, has the authority to require the attendance of the chief executive officer of any
36.28state adult correctional facility and the production of the records of these facilities, and to
36.29compel the attendance of witnesses. The commissioner is authorized to administer oaths to
36.30witnesses for these purposes.
36.31(h) Unless the district court directs otherwise, state parole and probation agents may
36.32require a person who is under the supervision of the commissioner of corrections to perform
36.33community work service for violating a condition of probation imposed by the court.
36.34Community work service may be imposed for the purpose of protecting the public, to aid
37.1the offender's rehabilitation, or both. Agents may impose up to eight hours of community
37.2work service for each violation and up to a total of 24 hours per offender per 12-month
37.3period, beginning with the date on which community work service is first imposed. The
37.4commissioner may authorize an additional 40 hours of community work services, for a total
37.5of 64 hours per offender per 12-month period, beginning with the date on which community
37.6work service is first imposed. At the time community work service is imposed, parole and
37.7probation agents are required to provide written notice to the offender that states:
37.8(1) the condition of probation that has been violated;
37.9(2) the number of hours of community work service imposed for the violation; and
37.10(3) the total number of hours of community work service imposed to date in the 12-month
37.11period.
37.12An offender may challenge the imposition of community work service by filing a petition
37.13in district court. An offender must file the petition within five days of receiving written
37.14notice that community work service is being imposed. If the offender challenges the
37.15imposition of community work service, the state bears the burden of showing, by a
37.16preponderance of the evidence, that the imposition of community work service is reasonable
37.17under the circumstances.
37.18Community work service includes sentencing to service.
37.19(i) Prior to revoking a nonviolent controlled substance offender's parole or probation
37.20based on a technical violation, when the offender does not present a risk to the public and
37.21the offender is amenable to continued supervision in the community, a parole or probation
37.22agent must identify community options to address and correct the violation including, but
37.23not limited to, inpatient chemical dependency treatment. If a probation or parole agent
37.24determines that community options are appropriate, the agent shall seek to restructure the
37.25offender's terms of release to incorporate those options. If an offender on probation stipulates
37.26in writing to restructure the terms of release, a probation agent must forward a report to the
37.27district court containing:
37.28(1) the specific nature of the technical violation of probation;
37.29(2) the recommended restructure to the terms of probation; and
37.30(3) a copy of the offender's signed stipulation indicating that the offender consents to
37.31the restructuring of probation.
37.32The recommended restructuring of probation becomes effective when confirmed by a
37.33judge. The order of the court shall be proof of such confirmation and amend the terms of
38.1the sentence imposed by the court under section 609.135. If a nonviolent controlled substance
38.2offender's parole or probation is revoked, the offender's agent must first attempt to place
38.3the offender in a local jail. For purposes of this paragraph, "nonviolent controlled substance
38.4offender" is a person who meets the criteria described under section 244.0513, subdivision
38.52, clauses (1), (2), and (5), and "technical violation" means any violation of a court order
38.6of probation or a condition of parole, except an allegation of a subsequent criminal act that
38.7is alleged in a formal complaint, citation, or petition.
38.8 Sec. 6. Minnesota Statutes 2016, section 243.17, subdivision 1, is amended to read:
38.9 Subdivision 1. Allowed expenses. The
38.10
38.11commissioner of corrections each fiscal year the amount necessary to offset expenses
38.12incurred
38.13committed to the custody of the commissioner of corrections to the appropriate adult or
38.14juvenile correctional facility as designated by the commissioner of corrections
38.15
38.16
38.17
38.18
38.19
38.20
38.21
38.22
38.23
38.24
38.25shall be made one or two times each fiscal year based on a fee schedule agreed to by the
38.26Department of Corrections and the Minnesota Sheriffs' Association.
38.27 Sec. 7. Minnesota Statutes 2016, section 244.05, subdivision 3, is amended to read:
38.28 Subd. 3. Sanctions for violation. If an inmate violates the conditions of the inmate's
38.29supervised release imposed by the commissioner, the commissioner may:
38.30(1) continue the inmate's supervised release term, with or without modifying or enlarging
38.31the conditions imposed on the inmate; or
38.32(2) revoke the inmate's supervised release and reimprison the inmate for the appropriate
38.33period of time.
39.1Prior to revoking a nonviolent controlled substance offender's supervised release based
39.2on a technical violation, when the offender does not present a risk to the public and the
39.3offender is amenable to continued supervision in the community, the commissioner must
39.4identify community options to address and correct the violation including, but not limited
39.5to, inpatient chemical dependency treatment. If the commissioner determines that community
39.6options are appropriate, the commissioner shall restructure the inmate's terms of release to
39.7incorporate those options. If a nonviolent controlled substance offender's supervised release
39.8is revoked, the offender's agent must first attempt to place the offender in a local jail. For
39.9purposes of this subdivision, "nonviolent controlled substance offender" is a person who
39.10meets the criteria described under section 244.0513, subdivision 2, clauses (1), (2), and (5),
39.11and "technical violation" means a violation of a condition of supervised release, except an
39.12allegation of a subsequent criminal act that is alleged in a formal complaint, citation, or
39.13petition.
39.14The period of time for which a supervised release may be revoked may not exceed the
39.15period of time remaining in the inmate's sentence, except that if a sex offender is sentenced
39.16and conditionally released under Minnesota Statutes 2004, section
39.17the period of time for which conditional release may be revoked may not exceed the balance
39.18of the conditional release term.
39.19 Sec. 8. Minnesota Statutes 2016, section 244.198, is amended by adding a subdivision to
39.20read:
39.21 Subd. 1a. Alternatives to incarceration. At a sanctions conference regarding a
39.22nonviolent controlled substance offender, when the offender does not present a risk to the
39.23public and the offender is amenable to continued supervision in the community, a probation
39.24agency must identify community options to address and correct the violation including, but
39.25not limited to, inpatient chemical dependency treatment. If the agency determines that
39.26community options are appropriate, the county probation officer shall recommend a sanction
39.27that incorporates those options. For purposes of this subdivision, "nonviolent controlled
39.28substance offender" is a person who meets the criteria described under section 244.0513,
39.29subdivision 2, clauses (1), (2), and (5).
39.30 Sec. 9. Minnesota Statutes 2016, section 299A.55, subdivision 2, is amended to read:
39.31 Subd. 2. Railroad and pipeline safety account. (a) A railroad and pipeline safety
39.32account is created in the special revenue fund. The account consists of funds collected under
39.33subdivision 4 and funds donated, allotted, transferred, or otherwise provided to the account.
40.1 (b) $104,000 is annually appropriated from the railroad and pipeline safety account to
40.2the commissioner of the Pollution Control Agency for environmental protection activities
40.3related to railroad discharge preparedness under chapter 115E.
40.4(c) $600,000 in fiscal year 2018 and $600,000 in fiscal year 2019 are appropriated from
40.5the railroad and pipeline safety account to the commissioner of transportation for improving
40.6safety at railroad grade crossings.
40.7(d) Following the appropriation in
40.8money in the account is annually appropriated to the commissioner of public safety for the
40.9purposes specified in subdivision 3.
40.10 Sec. 10. Minnesota Statutes 2016, section 299C.46, subdivision 6, is amended to read:
40.11 Subd. 6. Orders for protection and no contact orders. (a) As used in this subdivision,
40.12"no contact orders" include orders issued as pretrial orders under section
40.132
40.14the time of disposition in a criminal domestic abuse case.
40.15(b) The data communications network must include orders for protection issued under
40.16section
40.17adults and juveniles. A no contact order must be accompanied by a photograph of the
40.18offender for the purpose of enforcement of the order, if a photograph is available and verified
40.19by the court to be an image of the defendant.
40.20(c) Data from orders for protection, harassment restraining orders, or no contact orders
40.21and data entered by law enforcement to assist in the enforcement of those orders are classified
40.22as private data on individuals as defined in section
40.23offender can be shared with the victim for purposes of enforcement of the order.
40.24 Sec. 11. Minnesota Statutes 2016, section 609.14, is amended by adding a subdivision to
40.25read:
40.26 Subd. 2a. Alternatives to incarceration. (a) A probation agent must present the court
40.27with local options to address and correct the violation including, but not limited to, inpatient
40.28chemical dependency treatment when the defendant at a summary hearing provided by
40.29subdivision 2 is:
40.30(1) a nonviolent controlled substance offender;
40.31(2) subject to supervised probation;
41.1(3) appearing based on a technical violation; and
41.2(4) admitting or found to have violated any of the conditions of probation.
41.3(b) For purposes of this subdivision, "nonviolent controlled substance offender" is a
41.4person who meets the criteria described under section 244.0513, subdivision 2, clauses (1),
41.5(2), and (5), and "technical violation" has the meaning given in section 244.196, subdivision
41.66.
41.7 Sec. 12. Minnesota Statutes 2016, section 609.475, is amended to read:
41.8609.475 IMPERSONATING
41.9VETERAN, OR PUBLIC OFFICIAL.
41.10Whoever falsely impersonates
41.11military service member, veteran, or public official with intent to
41.12
41.13property, or any other tangible benefit is guilty of a misdemeanor.
41.14EFFECTIVE DATE.This section is effective August 1, 2017, and applies to crimes
41.15committed on or after that date.
41.16 Sec. 13. [609.4751] IMPERSONATING A PEACE OFFICER.
41.17 Subdivision 1. Misdemeanor. Whoever falsely impersonates a peace officer with intent
41.18to mislead another into believing that the impersonator is actually an officer is guilty of a
41.19misdemeanor.
41.20 Subd. 2. Gross misdemeanor. Whoever violates subdivision 1 while committing any
41.21of the following acts is guilty of a gross misdemeanor:
41.22(1) gaining access to a public building or government facility that is not open to the
41.23public;
41.24(2) without legal authority, directing or ordering another person to act or refrain from
41.25acting;
41.26(3) violating section 169.64, subdivision 2, 3, or 4, or the siren provisions of section
41.27169.68; or
41.28(4) operating a motor vehicle marked:
41.29(i) with the word or words "police," "patrolman," "sheriff," "deputy," "trooper," "state
41.30patrol," "conservation officer," "agent," or "marshal"; or
42.1(ii) with any lettering, marking, or insignia, or colorable imitation thereof, including,
42.2but not limited to, stars, badges, or shields identifying the vehicle as a law enforcement
42.3vehicle, and which a reasonable person would believe is a law enforcement vehicle governed
42.4under section 169.98, subdivision 1.
42.5 Subd. 3. Felony. Whoever violates this section within five years of a previous violation
42.6of this section is guilty of a felony and may be sentenced to imprisonment for not more than
42.7two years or to payment of a fine of not more than $4,000, or both.
42.8EFFECTIVE DATE.This section is effective August 1, 2017, and applies to crimes
42.9committed on or after that date.
42.10 Sec. 14. Minnesota Statutes 2016, section 609.595, subdivision 1, is amended to read:
42.11 Subdivision 1. Criminal damage to property in the first degree. Whoever intentionally
42.12causes damage to physical property of another without the latter's consent may be sentenced
42.13to imprisonment for not more than five years or to payment of a fine of not more than
42.14$10,000, or both, if:
42.15 (1) the damage to the property caused a reasonably foreseeable risk of bodily harm; or
42.16 (2) the property damaged was a public safety motor vehicle, the defendant knew the
42.17vehicle was a public safety motor vehicle, and the damage to the vehicle caused a substantial
42.18interruption or impairment of public safety service or a reasonably foreseeable risk of bodily
42.19harm; or
42.20 (3) the property damaged belongs to a common carrier and the damage impairs the
42.21service to the public rendered by the carrier; or
42.22
42.23the cost of repair and replacement; or
42.24
42.25the cost of repair and replacement and the defendant has been convicted within the preceding
42.26three years of an offense under this subdivision or subdivision 2.
42.27 In any prosecution under clause
42.28defendant in violation of that clause within any six-month period may be aggregated and
42.29the defendant charged accordingly in applying the provisions of this section; provided that
42.30when two or more offenses are committed by the same person in two or more counties, the
42.31accused may be prosecuted in any county in which one of the offenses was committed for
42.32all of the offenses aggregated under this paragraph.
43.1EFFECTIVE DATE.This section is effective August 1, 2017, and applies to crimes
43.2committed on or after that date.
43.3 Sec. 15. Minnesota Statutes 2016, section 609.595, subdivision 2, is amended to read:
43.4 Subd. 2. Criminal damage to property in the third degree. (a) Except as otherwise
43.5provided in subdivision 1a, whoever intentionally causes damage to another person's physical
43.6property without the other person's consent may be sentenced to imprisonment for not more
43.7than one year or to payment of a fine of not more than $3,000, or both, if: (1) the damage
43.8reduces the value of the property by more than $500 but not more than $1,000 as measured
43.9by the cost of repair and replacement; or (2) the damage was to a public safety motor vehicle
43.10and the defendant knew the vehicle was a public safety motor vehicle.
43.11 (b) Whoever intentionally causes damage to another person's physical property without
43.12the other person's consent because of the property owner's or another's actual or perceived
43.13race, color, religion, sex, sexual orientation, disability as defined in section
43.14or national origin may be sentenced to imprisonment for not more than one year or to
43.15payment of a fine of not more than $3,000, or both, if the damage reduces the value of the
43.16property by not more than $500.
43.17 (c) In any prosecution under paragraph (a), clause (1), the value of property damaged
43.18by the defendant in violation of that paragraph within any six-month period may be
43.19aggregated and the defendant charged accordingly in applying this section. When two or
43.20more offenses are committed by the same person in two or more counties, the accused may
43.21be prosecuted in any county in which one of the offenses was committed for all of the
43.22offenses aggregated under this paragraph.
43.23EFFECTIVE DATE.This section is effective August 1, 2017, and applies to crimes
43.24committed on or after that date.
43.25 Sec. 16. Minnesota Statutes 2016, section 609.595, is amended by adding a subdivision
43.26to read:
43.27 Subd. 4. Definitions. (a) As used in this section, "public safety motor vehicle" includes:
43.28(1) marked vehicles used by law enforcement agencies and specially marked vehicles
43.29permitted under section 169.98, subdivision 2a, owned or leased by the state or a political
43.30subdivision;
43.31(2) fire apparatuses, including fire-suppression support vehicles, owned or leased by the
43.32state or a political subdivision;
44.1(3) ambulances owned or leased by the state or a political subdivision;
44.2(4) vehicles owned by ambulance services licensed under section 144E.10 that are
44.3equipped and specifically intended for emergency response or providing ambulance services;
44.4and
44.5(5) marked vehicles used by conservation officers of the Division of Enforcement and
44.6Field Service of the Department of Natural Resources.
44.7(b) As used in subdivision 1, clause (2), and subdivision 2, paragraph (a), clause (2),
44.8"damage" includes tampering with a public safety motor vehicle and acts that obstruct or
44.9interfere with the vehicle's use.
44.10EFFECTIVE DATE.This section is effective August 1, 2017, and applies to crimes
44.11committed on or after that date.
44.12 Sec. 17. Minnesota Statutes 2016, section 609.605, is amended by adding a subdivision
44.13to read:
44.14 Subd. 4a. Trespass on a school bus. (a) As used in this subdivision, "school bus" has
44.15the meaning given in section 169.011, subdivision 71.
44.16(b) As used in this subdivision, "pupils" means persons in grades prekindergarten through
44.17grade 12.
44.18(c) A person who boards a school bus when the bus is on its route or otherwise in
44.19operation, or while it has pupils on it, and who refuses to leave the bus on demand of the
44.20bus operator, is guilty of a misdemeanor.
44.21EFFECTIVE DATE.This section is effective August 1, 2017, and applies to violations
44.22committed on or after that date.
44.23 Sec. 18. Minnesota Statutes 2016, section 609.74, is amended to read:
44.24609.74 PUBLIC NUISANCE.
44.25(a) Whoever by an act or failure to perform a legal duty intentionally does any of the
44.26following is guilty of maintaining a public nuisance, which is a misdemeanor:
44.27(1) maintains or permits a condition which unreasonably annoys, injures or endangers
44.28the safety, health, morals, comfort, or repose of any considerable number of members of
44.29the public; or
45.1(2) except as provided in paragraph (b), interferes with, obstructs, or renders dangerous
45.2for passage, any public highway or right-of-way, or waters used by the public; or
45.3(3) is guilty of any other act or omission declared by law to be a public nuisance and for
45.4which no sentence is specifically provided.
45.5(b) It is a gross misdemeanor for a person to interfere with or obstruct traffic that is
45.6entering, exiting, or on a freeway or entering, exiting, or on a public roadway within the
45.7boundaries of airport property with the intent to interfere with, obstruct, or otherwise disrupt
45.8traffic. This paragraph does not apply to the actions of law enforcement or other emergency
45.9responders, road or airport authorities, or utility officials, or their agents, employees, or
45.10contractors when carrying out duties imposed by law or contract. For purposes of this
45.11paragraph: (1) "airport" means an airport that has a control tower and airline service; and
45.12(2) "freeway" means any section of a divided highway where the only access and egress for
45.13vehicular traffic is from entrance and exit ramps.
45.14EFFECTIVE DATE.This section is effective August 1, 2017, and applies to crimes
45.15committed on or after that date.
45.16 Sec. 19. Minnesota Statutes 2016, section 609.748, subdivision 3, is amended to read:
45.17 Subd. 3. Contents of petition; hearing; notice. (a) A petition for relief must allege
45.18facts sufficient to show the following:
45.19 (1) the name of the alleged harassment victim;
45.20 (2) the name of the respondent; and
45.21 (3) that the respondent has engaged in harassment.
45.22A petition for relief must state whether the petitioner has had a previous restraining order
45.23in effect against the respondent. The petition shall be accompanied by an affidavit made
45.24under oath stating the specific facts and circumstances from which relief is sought. The
45.25court shall provide simplified forms and clerical assistance to help with the writing and
45.26filing of a petition under this section and shall advise the petitioner of the right to sue in
45.27forma pauperis under section
45.28request a hearing. If the petitioner does not request a hearing, the court shall advise the
45.29petitioner that the respondent may request a hearing and that notice of the hearing date and
45.30time will be provided to the petitioner by mail at least five days before the hearing. Upon
45.31receipt of the petition and a request for a hearing by the petitioner, the court shall order a
45.32hearing. Personal service must be made upon the respondent not less than five days before
45.33the hearing. If personal service cannot be completed in time to give the respondent the
46.1minimum notice required under this paragraph, the court may set a new hearing date. Nothing
46.2in this section shall be construed as requiring a hearing on a matter that has no merit.
46.3 (b) Notwithstanding paragraph (a), the order for a hearing and a temporary order issued
46.4under subdivision 4 may be served on the respondent by means of a one-week published
46.5notice under section
46.6 (1) the petitioner files an affidavit with the court stating that an attempt at personal
46.7service made by a
46.8service by concealment or otherwise; and
46.9 (2) a copy of the petition and order for hearing and any temporary restraining order has
46.10been mailed to the respondent at the respondent's residence or place of business, if the
46.11respondent is an organization, or the respondent's residence or place of business is not known
46.12to the petitioner.
46.13 (c) Regardless of the method of service, if the respondent is a juvenile, whenever possible,
46.14the court also shall have notice of the pendency of the case and of the time and place of the
46.15hearing served by mail at the last known address upon any parent or guardian of the juvenile
46.16respondent who is not the petitioner.
46.17 (d) A request for a hearing under this subdivision must be made within 20 days of service
46.18of the petition.
46.19 Sec. 20. Minnesota Statutes 2016, section 609.748, subdivision 3a, is amended to read:
46.20 Subd. 3a. Filing fee; cost of service. The filing fees for a restraining order under this
46.21section are waived for the petitioner if the petition alleges acts that would constitute a
46.22violation of section
46.23court administrator and
46.24their duties relating to service of process without charge to the petitioner. The court shall
46.25direct payment of the reasonable costs of service of process if served by a private process
46.26server when
46.27The court may direct a respondent to pay to the court administrator the petitioner's filing
46.28fees and reasonable costs of service of process if the court determines that the respondent
46.29has the ability to pay the petitioner's fees and costs.
46.30 Sec. 21. Minnesota Statutes 2016, section 609.748, subdivision 5, is amended to read:
46.31 Subd. 5. Restraining order. (a) The court may issue a restraining order that provides
46.32any or all of the following:
47.1(1) orders the respondent to cease or avoid the harassment of another person; or
47.2(2) orders the respondent to have no contact with another person.
47.3(b) The court may issue an order under paragraph (a) if all of the following occur:
47.4 (1) the petitioner has filed a petition under subdivision 3;
47.5 (2)
47.6restraining order obtained under subdivision 4, and with notice of the right to request a
47.7hearing, or service has been made by publication under subdivision 3, paragraph (b); and
47.8 (3) the court finds at the hearing that there are reasonable grounds to believe that the
47.9respondent has engaged in harassment.
47.10A restraining order may be issued only against the respondent named in the petition; except
47.11that if the respondent is an organization, the order may be issued against and apply to all of
47.12the members of the organization. If the court finds that the petitioner has had two or more
47.13previous restraining orders in effect against the same respondent or the respondent has
47.14violated a prior or existing restraining order on two or more occasions, relief granted by the
47.15restraining order may be for a period of up to 50 years. In all other cases, relief granted by
47.16the restraining order must be for a fixed period of not more than two years. When a referee
47.17presides at the hearing on the petition, the restraining order becomes effective upon the
47.18referee's signature.
47.19 (c) An order issued under this subdivision must be personally served upon the respondent.
47.20 (d) If the court orders relief for a period of up to 50 years under paragraph (a), the
47.21respondent named in the restraining order may request to have the restraining order vacated
47.22or modified if the order has been in effect for at least five years and the respondent has not
47.23violated the order. Application for relief under this paragraph must be made in the county
47.24in which the restraining order was issued. Upon receipt of the request, the court shall set a
47.25hearing date. Personal service must be made upon the petitioner named in the restraining
47.26order not less than 30 days before the date of the hearing. At the hearing, the respondent
47.27named in the restraining order has the burden of proving by a preponderance of the evidence
47.28that there has been a material change in circumstances and that the reasons upon which the
47.29court relied in granting the restraining order no longer apply and are unlikely to occur. If
47.30the court finds that the respondent named in the restraining order has met the burden of
47.31proof, the court may vacate or modify the order. If the court finds that the respondent named
47.32in the restraining order has not met the burden of proof, the court shall deny the request and
47.33no request may be made to vacate or modify the restraining order until five years have
48.1elapsed from the date of denial. An order vacated or modified under this paragraph must
48.2be personally served on the petitioner named in the restraining order.
48.3 Sec. 22. Minnesota Statutes 2016, section 609.748, is amended by adding a subdivision
48.4to read:
48.5 Subd. 5a. Short-form notification. (a) In lieu of personal service of a harassment
48.6restraining order, a peace officer may serve a person with a short-form notification. The
48.7short-form notification must include the following clauses: the respondent's name; the
48.8respondent's date of birth, if known; the petitioner's name; the names of other protected
48.9parties; the date and county in which the temporary restraining order or restraining order
48.10was filed; the court file number; the hearing date and time, if known; the conditions that
48.11apply to the respondent, either in checklist form or handwritten; and the name of the judge
48.12who signed the order.
48.13The short-form notification must be in bold print in the following form:
48.14"The restraining order is now enforceable. You must report to your nearest sheriff's
48.15office or county court to obtain a copy of the restraining order. You are subject to arrest
48.16and may be charged with a misdemeanor, gross misdemeanor, or felony if you violate any
48.17of the terms of the restraining order or this short-form notification."
48.18(b) Upon verification of the identity of the respondent and the existence of an unserved
48.19harassment restraining order against the respondent, a law enforcement officer may detain
48.20the respondent for a reasonable time necessary to complete and serve the short-form
48.21notification.
48.22(c) When service is made by short-form notification, it may be proved by the affidavit
48.23of the law enforcement officer making the service.
48.24(d) For service under this section only, service upon an individual may occur at any
48.25time, including Sundays and legal holidays.
48.26(e) The superintendent of the Bureau of Criminal Apprehension shall provide the short
48.27form to law enforcement agencies.
48.28EFFECTIVE DATE.This section is effective 30 days following publication of a notice
48.29on the Bureau of Criminal Apprehension's website that a computer system is available to
48.30send harassment restraining order data from the Minnesota judicial branch to law
48.31enforcement.
49.1 Sec. 23. Minnesota Statutes 2016, section 609.748, is amended by adding a subdivision
49.2to read:
49.3 Subd. 5b. Service by others. In addition to peace officers, corrections officers, including
49.4but not limited to probation officers, court services officers, parole officers, and employees
49.5of jails or correctional facilities, may serve a temporary restraining order or restraining
49.6order.
49.7 Sec. 24. Minnesota Statutes 2016, section 609.855, subdivision 2, is amended to read:
49.8 Subd. 2. Unlawful interference with transit
49.9commits an act that interferes with or obstructs, or tends to interfere with or obstruct, the
49.10operation of a transit vehicle is guilty of
49.11and may be sentenced as provided in paragraph (c).
49.12(b) An act
49.13operation of the vehicle, restricts passenger access to the transit vehicle, or
49.14passengers is a violation of this subdivision if an authorized transit representative has clearly
49.15warned the person once to stop the act.
49.16(c) A person who violates this subdivision may be sentenced as follows:
49.17(1) to imprisonment for not more than three years or to payment of a fine of not more
49.18than $5,000, or both, if the violation was accompanied by force or violence or a
49.19communication of a threat of force or violence; or
49.20(2) to imprisonment for not more than
49.21more than
49.22or a communication of a threat of force or violence.
49.23EFFECTIVE DATE.This section is effective August 1, 2017, and applies to crimes
49.24committed on or after that date.
49.25 Sec. 25. Minnesota Statutes 2016, section 624.714, subdivision 17, is amended to read:
49.26 Subd. 17. Posting; trespass. (a) A person carrying a firearm on or about his or her person
49.27or clothes under a permit or otherwise who remains at a private establishment knowing that
49.28the operator of the establishment or its agent has made a reasonable request that firearms
49.29not be brought into the establishment may be ordered to leave the premises. A person who
49.30fails to leave when so requested is guilty of a petty misdemeanor. The fine for a first offense
49.31must not exceed $25. Notwithstanding section
49.32this subdivision is not subject to forfeiture.
50.1(b) As used in this subdivision, the terms in this paragraph have the meanings given.
50.2(1) "Reasonable request" means a request made under the following circumstances:
50.3(i) the requester has prominently posted a conspicuous sign at every entrance to the
50.4establishment containing the following language: "(INDICATE IDENTITY OF OPERATOR)
50.5BANS GUNS IN THESE PREMISES."; or
50.6(ii) the requester or the requester's agent personally informs the person that guns are
50.7prohibited in the premises and demands compliance.
50.8(2) "Prominently" means readily visible and within four feet laterally of the entrance
50.9with the bottom of the sign at a height of four to six feet above the floor.
50.10(3) "Conspicuous" means lettering in black arial typeface at least 1-1/2 inches in height
50.11against a bright contrasting background that is at least 187 square inches in area.
50.12(4) "Private establishment" means a building, structure, or portion thereof that is owned,
50.13leased, controlled, or operated by a nongovernmental entity for a nongovernmental purpose.
50.14(c) The owner or operator of a private establishment may not prohibit the lawful carry
50.15or possession of firearms in a parking facility or parking area.
50.16(d) The owner or operator of a private establishment may not prohibit the lawful carry
50.17or possession of firearms by a peace officer, as defined in section 626.84, subdivision 1,
50.18paragraph (c), within the private establishment or deny the officer access thereto, except
50.19when specifically authorized by statute. The owner or operator of the private establishment
50.20may require the display of official credentials issued by the agency that employs the peace
50.21officer prior to granting the officer entry into the private establishment.
50.22
50.23private residence may prohibit firearms, and provide notice thereof, in any lawful manner.
50.24
50.25or their guests.
50.26
50.27sets forth the exclusive criteria to notify a permit holder when otherwise lawful firearm
50.28possession is not allowed in a private establishment and sets forth the exclusive penalty for
50.29such activity.
50.30
50.31
51.1
51.2of a private establishment may require the display of official credentials issued by the
51.3company, which must be licensed by the Private Detective and Protective Agent Services
51.4Board, that employs the security guard and the guard's permit card prior to granting the
51.5guard entrance into the private establishment.
51.6 Sec. 26. [626.8469] TRAINING IN CRISIS RESPONSE, CONFLICT
51.7MANAGEMENT, AND CULTURAL DIVERSITY.
51.8 Subdivision 1. In-service training required. Beginning July 1, 2018, the chief law
51.9enforcement officer of every state and local law enforcement agency shall provide in-service
51.10training in crisis intervention and mental illness crises; conflict management and mediation;
51.11and recognizing and valuing community diversity and cultural differences to include implicit
51.12bias training to every peace officer and part-time peace officer employed by the agency.
51.13The training shall comply with learning objectives developed and approved by the board
51.14and shall meet board requirements for board-approved continuing education credit. The
51.15training shall consist of at least 16 continuing education credits within an officer's three-year
51.16licensing cycle. Each peace officer with a license renewal date after June 30, 2018, is not
51.17required to complete this training until the officer's next full three-year licensing cycle.
51.18 Subd. 2. Record keeping required. The head of every local and state law enforcement
51.19agency shall maintain written records of the agency's compliance with the requirements of
51.20subdivision 1. The documentation is subject to periodic review by the board, and shall be
51.21made available to the board at its request.
51.22 Subd. 3. Licensing sanctions; injunctive relief. The board may impose licensing
51.23sanctions and seek injunctive relief under section 214.11 for failure to comply with the
51.24requirements of this section.
51.25 Sec. 27. Laws 2009, chapter 59, article 3, section 4, subdivision 8, as amended by Laws
51.262011, chapter 87, section 1, subdivision 8, is amended to read:
51.27 Subd. 8. Report. (a) By February 1,
51.28each eligible city and county that participates in the diversion program shall report to the
51.29legislative committees with jurisdiction over transportation and the judiciary concerning
51.30the results of the program.
51.31
51.32
51.33(1) recidivism rates for participants in the diversion pilot program;
52.1(2) payment
52.2fines collected in the diversion pilot program
52.3(3) educational support provided to participants in the diversion pilot program;
52.4(4) the total number of participants in the diversion pilot program
52.5(5) the number of participants who have terminated from the pilot program under
52.6subdivision 7, paragraph (a), clauses (1) to (3); and
52.7(6) the names of all third-party program administrators and their program fee refund
52.8policy, and, for each administrator the amount charged for program fees, and the amount
52.9of program fees retained from participants who have terminated from the program.
52.10 (b) The report must include recommendations regarding the future of the program and
52.11any necessary legislative changes.
52.12 Sec. 28. Laws 2009, chapter 59, article 3, section 4, subdivision 9, as amended by Laws
52.132010, chapter 197, section 1, Laws 2011, chapter 87, section 1, subdivision 9, and Laws
52.142013, chapter 127, section 60, is amended to read:
52.15 Subd. 9. Sunset. A city or county participating in this pilot program may accept an
52.16individual for diversion into the pilot program until June 30,
52.17administering the diversion program may collect and disburse fees collected pursuant to
52.18subdivision 6, paragraph (a), clause (2), through December 31,
52.19the pilot program under this section expires.
52.20 Sec. 29. ALTERNATIVES TO INCARCERATION PILOT PROGRAM FUND.
52.21(a) Agencies providing supervision to offenders on probation, parole, or supervised
52.22release are eligible for grants to facilitate access to community options including, but not
52.23limited to, inpatient chemical dependency treatment for nonviolent controlled substance
52.24offenders to address and correct behavior that is, or is likely to result in, a technical violation
52.25of the conditions of release. For purposes of this section, "nonviolent controlled substance
52.26offender" is a person who meets the criteria described under Minnesota Statutes, section
52.27244.0513, subdivision 2, clauses (1), (2), and (5), and "technical violation" means a violation
52.28of a court order of probation, condition of parole, or condition of supervised release, except
52.29an allegation of a subsequent criminal act that is alleged in a formal complaint, citation, or
52.30petition.
52.31(b) The Department of Corrections shall establish criteria for selecting grant recipients
52.32and the amount awarded to each grant recipient.
53.1(c) By January 15, 2019, the commissioner of corrections shall submit a report to the
53.2chairs of the house of representatives and senate committees with jurisdiction over public
53.3safety policy and finance. At a minimum, the report must include:
53.4(1) the total number of grants issued under this program;
53.5(2) the average amount of each grant;
53.6(3) the community services accessed as a result of the grants;
53.7(4) a summary of the type of supervision offenders were under when a grant was used
53.8to help access a community option;
53.9(5) the number of individuals who completed, and the number who failed to complete,
53.10programs accessed as a result of this grant; and
53.11(6) the number of individuals who violated the terms of release following participation
53.12in a program accessed as a result of this grant, separating technical violations and new
53.13criminal offenses.
53.16 Section 1. Minnesota Statutes 2016, section 357.021, subdivision 2, is amended to read:
53.17 Subd. 2. Fee amounts. The fees to be charged and collected by the court administrator
53.18shall be as follows:
53.19 (1) In every civil action or proceeding in said court, including any case arising under
53.20the tax laws of the state that could be transferred or appealed to the Tax Court, the plaintiff,
53.21petitioner, or other moving party shall pay, when the first paper is filed for that party in said
53.22action, a fee of
53.23 The defendant or other adverse or intervening party, or any one or more of several
53.24defendants or other adverse or intervening parties appearing separately from the others,
53.25shall pay, when the first paper is filed for that party in said action, a fee of
53.26in marriage dissolution actions the fee is
53.27filing of an Application for Discharge of Judgment. Section
53.28for Discharge of Judgment.
53.29 The party requesting a trial by jury shall pay $100.
53.30 The fees above stated shall be the full trial fee chargeable to said parties irrespective of
53.31whether trial be to the court alone, to the court and jury, or disposed of without trial, and
54.1shall include the entry of judgment in the action, but does not include copies or certified
54.2copies of any papers so filed or proceedings under chapter 103E, except the provisions
54.3therein as to appeals.
54.4 (2) Certified copy of any instrument from a civil or criminal proceeding, $14, and $8
54.5for an uncertified copy.
54.6 (3) Issuing a subpoena, $16 for each name.
54.7 (4) Filing a motion or response to a motion in civil, family, excluding child support, and
54.8guardianship cases,
54.9 (5) Issuing an execution and filing the return thereof; issuing a writ of attachment,
54.10injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not specifically
54.11mentioned, $55.
54.12 (6) Issuing a transcript of judgment, or for filing and docketing a transcript of judgment
54.13from another court, $40.
54.14 (7) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment of
54.15judgment, $5.
54.16 (8) Certificate as to existence or nonexistence of judgments docketed, $5 for each name
54.17certified to.
54.18 (9) Filing and indexing trade name; or recording basic science certificate; or recording
54.19certificate of physicians, osteopathic physicians, chiropractors, veterinarians, or optometrists,
54.20$5.
54.21 (10) For the filing of each partial, final, or annual account in all trusteeships, $55.
54.22 (11) For the deposit of a will, $27.
54.23 (12) For recording notary commission, $20.
54.24 (13) Filing a motion or response to a motion for modification of child support, a fee of
54.25
54.26 (14) All other services required by law for which no fee is provided, such fee as compares
54.27favorably with those herein provided, or such as may be fixed by rule or order of the court.
54.28 (15) In addition to any other filing fees under this chapter, a surcharge in the amount of
54.29$75 must be assessed in accordance with section
54.30petition filed in district court to fund the fathers' adoption registry under section
55.1 The fees in clauses (3) and (5) need not be paid by a public authority or the party the
55.2public authority represents.
55.3 Sec. 2. Minnesota Statutes 2016, section 357.022, is amended to read:
55.4357.022 CONCILIATION COURT FEE.
55.5The court administrator in every county shall charge and collect a filing fee of
55.6from every plaintiff and from every defendant when the first paper for that party is filed in
55.7any conciliation court action. This section does not apply to conciliation court actions filed
55.8by the state. The court administrator shall transmit the fees monthly to the commissioner
55.9of management and budget for deposit in the state treasury and credit to the general fund.
55.10 Sec. 3. Minnesota Statutes 2016, section 609.748, subdivision 3a, is amended to read:
55.11 Subd. 3a. Filing fee; cost of service. The filing fees for a restraining order under this
55.12section are waived for the petitioner and the respondent if the petition alleges acts that would
55.13constitute a violation of section
55.15their duties relating to service of process without charge to the petitioner. The court shall
55.16direct payment of the reasonable costs of service of process if served by a private process
55.17server when the sheriff is unavailable or if service is made by publication.
55.18
55.19
55.20
55.23 Section 1. Minnesota Statutes 2016, section 152.02, subdivision 2, is amended to read:
55.24 Subd. 2. Schedule I. (a) Schedule I consists of the substances listed in this subdivision.
55.25(b) Opiates. Unless specifically excepted or unless listed in another schedule, any of the
55.26following substances, including their analogs, isomers, esters, ethers, salts, and salts of
55.27isomers, esters, and ethers, whenever the existence of the analogs, isomers, esters, ethers,
55.28and salts is possible:
55.29(1) acetylmethadol;
55.30(2) allylprodine;
56.1(3) alphacetylmethadol (except levo-alphacetylmethadol, also known as levomethadyl
56.2acetate);
56.3(4) alphameprodine;
56.4(5) alphamethadol;
56.5(6) alpha-methylfentanyl benzethidine;
56.6(7) betacetylmethadol;
56.7(8) betameprodine;
56.8(9) betamethadol;
56.9(10) betaprodine;
56.10(11) clonitazene;
56.11(12) dextromoramide;
56.12(13) diampromide;
56.13(14) diethyliambutene;
56.14(15) difenoxin;
56.15(16) dimenoxadol;
56.16(17) dimepheptanol;
56.17(18) dimethyliambutene;
56.18(19) dioxaphetyl butyrate;
56.19(20) dipipanone;
56.20(21) ethylmethylthiambutene;
56.21(22) etonitazene;
56.22(23) etoxeridine;
56.23(24) furethidine;
56.24(25) hydroxypethidine;
56.25(26) ketobemidone;
56.26(27) levomoramide;
56.27(28) levophenacylmorphan;
57.1(29) 3-methylfentanyl;
57.2(30) acetyl-alpha-methylfentanyl;
57.3(31) alpha-methylthiofentanyl;
57.4(32) benzylfentanyl beta-hydroxyfentanyl;
57.5(33) beta-hydroxy-3-methylfentanyl;
57.6(34) 3-methylthiofentanyl;
57.7(35) thenylfentanyl;
57.8(36) thiofentanyl;
57.9(37) para-fluorofentanyl;
57.10(38) morpheridine;
57.11(39) 1-methyl-4-phenyl-4-propionoxypiperidine;
57.12(40) noracymethadol;
57.13(41) norlevorphanol;
57.14(42) normethadone;
57.15(43) norpipanone;
57.16(44) 1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine (PEPAP);
57.17(45) phenadoxone;
57.18(46) phenampromide;
57.19(47) phenomorphan;
57.20(48) phenoperidine;
57.21(49) piritramide;
57.22(50) proheptazine;
57.23(51) properidine;
57.24(52) propiram;
57.25(53) racemoramide;
57.26(54) tilidine;
57.27(55) trimeperidine;
58.1(56) N-(1-Phenethylpiperidin-4-yl)-N-phenylacetamide (acetyl fentanyl);
58.2(57)
58.33,4-dichloro-N-[(1R,2R)-2-(dimethylamino)cyclohexyl]-N-methylbenzamide(U47700);
58.4and
58.5(58) N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]furan-2-carboxamide(furanylfentanyl).
58.6(c) Opium derivatives. Any of the following substances, their analogs, salts, isomers,
58.7and salts of isomers, unless specifically excepted or unless listed in another schedule,
58.8whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
58.9(1) acetorphine;
58.10(2) acetyldihydrocodeine;
58.11(3) benzylmorphine;
58.12(4) codeine methylbromide;
58.13(5) codeine-n-oxide;
58.14(6) cyprenorphine;
58.15(7) desomorphine;
58.16(8) dihydromorphine;
58.17(9) drotebanol;
58.18(10) etorphine;
58.19(11) heroin;
58.20(12) hydromorphinol;
58.21(13) methyldesorphine;
58.22(14) methyldihydromorphine;
58.23(15) morphine methylbromide;
58.24(16) morphine methylsulfonate;
58.25(17) morphine-n-oxide;
58.26(18) myrophine;
58.27(19) nicocodeine;
58.28(20) nicomorphine;
59.1(21) normorphine;
59.2(22) pholcodine; and
59.3(23) thebacon.
59.4(d) Hallucinogens. Any material, compound, mixture or preparation which contains any
59.5quantity of the following substances, their analogs, salts, isomers (whether optical, positional,
59.6or geometric), and salts of isomers, unless specifically excepted or unless listed in another
59.7schedule, whenever the existence of the analogs, salts, isomers, and salts of isomers is
59.8possible:
59.9(1) methylenedioxy amphetamine;
59.10(2) methylenedioxymethamphetamine;
59.11(3) methylenedioxy-N-ethylamphetamine (MDEA);
59.12(4) n-hydroxy-methylenedioxyamphetamine;
59.13(5) 4-bromo-2,5-dimethoxyamphetamine (DOB);
59.14(6) 2,5-dimethoxyamphetamine (2,5-DMA);
59.15(7) 4-methoxyamphetamine;
59.16(8) 5-methoxy-3, 4-methylenedioxyamphetamine;
59.17(9) alpha-ethyltryptamine;
59.18(10) bufotenine;
59.19(11) diethyltryptamine;
59.20(12) dimethyltryptamine;
59.21(13) 3,4,5-trimethoxyamphetamine;
59.22(14) 4-methyl-2, 5-dimethoxyamphetamine (DOM);
59.23(15) ibogaine;
59.24(16) lysergic acid diethylamide (LSD);
59.25(17) mescaline;
59.26(18) parahexyl;
59.27(19) N-ethyl-3-piperidyl benzilate;
59.28(20) N-methyl-3-piperidyl benzilate;
60.1(21) psilocybin;
60.2(22) psilocyn;
60.3(23) tenocyclidine (TPCP or TCP);
60.4(24) N-ethyl-1-phenyl-cyclohexylamine (PCE);
60.5(25) 1-(1-phenylcyclohexyl) pyrrolidine (PCPy);
60.6(26) 1-[1-(2-thienyl)cyclohexyl]-pyrrolidine (TCPy);
60.7(27) 4-chloro-2,5-dimethoxyamphetamine (DOC);
60.8(28) 4-ethyl-2,5-dimethoxyamphetamine (DOET);
60.9(29) 4-iodo-2,5-dimethoxyamphetamine (DOI);
60.10(30) 4-bromo-2,5-dimethoxyphenethylamine (2C-B);
60.11(31) 4-chloro-2,5-dimethoxyphenethylamine (2C-C);
60.12(32) 4-methyl-2,5-dimethoxyphenethylamine (2C-D);
60.13(33) 4-ethyl-2,5-dimethoxyphenethylamine (2C-E);
60.14(34) 4-iodo-2,5-dimethoxyphenethylamine (2C-I);
60.15(35) 4-propyl-2,5-dimethoxyphenethylamine (2C-P);
60.16(36) 4-isopropylthio-2,5-dimethoxyphenethylamine (2C-T-4);
60.17(37) 4-propylthio-2,5-dimethoxyphenethylamine (2C-T-7);
60.18(38) 2-(8-bromo-2,3,6,7-tetrahydrofuro [2,3-f][1]benzofuran-4-yl)ethanamine
60.19(2-CB-FLY);
60.20(39) bromo-benzodifuranyl-isopropylamine (Bromo-DragonFLY);
60.21(40) alpha-methyltryptamine (AMT);
60.22(41) N,N-diisopropyltryptamine (DiPT);
60.23(42) 4-acetoxy-N,N-dimethyltryptamine (4-AcO-DMT);
60.24(43) 4-acetoxy-N,N-diethyltryptamine (4-AcO-DET);
60.25(44) 4-hydroxy-N-methyl-N-propyltryptamine (4-HO-MPT);
60.26(45) 4-hydroxy-N,N-dipropyltryptamine (4-HO-DPT);
60.27(46) 4-hydroxy-N,N-diallyltryptamine (4-HO-DALT);
61.1(47) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT);
61.2(48) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DiPT);
61.3(49) 5-methoxy-α-methyltryptamine (5-MeO-AMT);
61.4(50) 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT);
61.5(51) 5-methylthio-N,N-dimethyltryptamine (5-MeS-DMT);
61.6(52)
61.75-methoxy-N-methyl-N-isopropyltryptamine (5-MeO-MiPT);
61.8(53) 5-methoxy-α-ethyltryptamine (5-MeO-AET);
61.9(54) 5-methoxy-N,N-dipropyltryptamine (5-MeO-DPT);
61.10(55) 5-methoxy-N,N-diethyltryptamine (5-MeO-DET);
61.11(56) 5-methoxy-N,N-diallyltryptamine (5-MeO-DALT);
61.12(57) methoxetamine (MXE);
61.13(58) 5-iodo-2-aminoindane (5-IAI);
61.14(59) 5,6-methylenedioxy-2-aminoindane (MDAI);
61.15(60) 2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25B-NBOMe);
61.16(61) 2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25C-NBOMe);
61.17(62) 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25I-NBOMe);
61.18(63) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);
61.19(64) 2-(4-Ethylthio-2,5-dimethoxyphenyl)ethanamine (2C-T-2);
61.20(65) N,N-Dipropyltryptamine (DPT);
61.21(66) 3-[1-(Piperidin-1-yl)cyclohexyl]phenol (3-HO-PCP);
61.22(67) N-ethyl-1-(3-methoxyphenyl)cyclohexanamine (3-MeO-PCE);
61.23(68) 4-[1-(3-methoxyphenyl)cyclohexyl]morpholine (3-MeO-PCMo);
61.24(69) 1-[1-(4-methoxyphenyl)cyclohexyl]-piperidine (methoxydine, 4-MeO-PCP);
61.25(70) 2-(2-Chlorophenyl)-2-(ethylamino)cyclohexan-1-one (N-Ethylnorketamine,
61.26ethketamine, NENK);
61.27(71) methylenedioxy-N,N-dimethylamphetamine (MDDMA);
61.28(72) 3-(2-Ethyl(methyl)aminoethyl)-1H-indol-4-yl (4-AcO-MET); and
62.1(73) 2-Phenyl-2-(methylamino)cyclohexanone (deschloroketamine).
62.2(e) Peyote. All parts of the plant presently classified botanically as Lophophora williamsii
62.3Lemaire, whether growing or not, the seeds thereof, any extract from any part of the plant,
62.4and every compound, manufacture, salts, derivative, mixture, or preparation of the plant,
62.5its seeds or extracts. The listing of peyote as a controlled substance in Schedule I does not
62.6apply to the nondrug use of peyote in bona fide religious ceremonies of the American Indian
62.7Church, and members of the American Indian Church are exempt from registration. Any
62.8person who manufactures peyote for or distributes peyote to the American Indian Church,
62.9however, is required to obtain federal registration annually and to comply with all other
62.10requirements of law.
62.11(f) Central nervous system depressants. Unless specifically excepted or unless listed in
62.12another schedule, any material compound, mixture, or preparation which contains any
62.13quantity of the following substances, their analogs, salts, isomers, and salts of isomers
62.14whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
62.15(1) mecloqualone;
62.16(2) methaqualone;
62.17(3) gamma-hydroxybutyric acid (GHB), including its esters and ethers;
62.18(4) flunitrazepam; and
62.19(5) 2-(2-Methoxyphenyl)-2-(methylamino)cyclohexanone (2-MeO-2-deschloroketamine,
62.20methoxyketamine).
62.21(g) Stimulants. Unless specifically excepted or unless listed in another schedule, any
62.22material compound, mixture, or preparation which contains any quantity of the following
62.23substances, their analogs, salts, isomers, and salts of isomers whenever the existence of the
62.24analogs, salts, isomers, and salts of isomers is possible:
62.25 (1) aminorex;
62.26(2) cathinone;
62.27(3) fenethylline;
62.28 (4) methcathinone;
62.29(5) methylaminorex;
62.30(6) N,N-dimethylamphetamine;
62.31(7) N-benzylpiperazine (BZP);
63.1(8) methylmethcathinone (mephedrone);
63.2(9) 3,4-methylenedioxy-N-methylcathinone (methylone);
63.3(10) methoxymethcathinone (methedrone);
63.4(11) methylenedioxypyrovalerone (MDPV);
63.5(12) 3-fluoro-N-methylcathinone (3-FMC);
63.6(13) methylethcathinone (MEC);
63.7(14) 1-benzofuran-6-ylpropan-2-amine (6-APB);
63.8(15) dimethylmethcathinone (DMMC);
63.9(16) fluoroamphetamine;
63.10(17) fluoromethamphetamine;
63.11(18) α-methylaminobutyrophenone (MABP or buphedrone);
63.12(19) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one (butylone);
63.13(20) 2-(methylamino)-1-(4-methylphenyl)butan-1-one (4-MEMABP or BZ-6378);
63.14(21) 1-(naphthalen-2-yl)-2-(pyrrolidin-1-yl) pentan-1-one (naphthylpyrovalerone or
63.15naphyrone);
63.16(22) (alpha-pyrrolidinopentiophenone (alpha-PVP);
63.17(23) (RS)-1-(4-methylphenyl)-2-(1-pyrrolidinyl)-1-hexanone (4-Me-PHP or MPHP);
63.18(24) 2-(1-pyrrolidinyl)-hexanophenone (Alpha-PHP);
63.19(25) 4-methyl-N-ethylcathinone (4-MEC);
63.20(26) 4-methyl-alpha-pyrrolidinopropiophenone (4-MePPP);
63.21(27) 2-(methylamino)-1-phenylpentan-1-one (pentedrone);
63.22(28) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one (pentylone);
63.23(29) 4-fluoro-N-methylcathinone (4-FMC);
63.24(30) 3,4-methylenedioxy-N-ethylcathinone (ethylone);
63.25(31) alpha-pyrrolidinobutiophenone (α-PBP);
63.26(32) 5-(2-Aminopropyl)-2,3-dihydrobenzofuran (5-APDB);
63.27(33) 1-phenyl-2-(1-pyrrolidinyl)-1-heptanone (PV8);
64.1(34) 6-(2-Aminopropyl)-2,3-dihydrobenzofuran (6-APDB);
64.2(35) 4-methyl-alpha-ethylaminopentiophenone (4-MEAPP);
64.3(36) 4'-chloro-alpha-pyrrolidinopropiophenone (4-chloro-PPP);
64.4(37) 1-(1,3-Benzodioxol-5-yl)-2-(dimethylamino)butan-1-one (dibutylone, bk-DMBDB);
64.5and
64.6(38) any other substance, except bupropion or compounds listed under a different
64.7schedule, that is structurally derived from 2-aminopropan-1-one by substitution at the
64.81-position with either phenyl, naphthyl, or thiophene ring systems, whether or not the
64.9compound is further modified in any of the following ways:
64.10(i) by substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy,
64.11haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring
64.12system by one or more other univalent substituents;
64.13(ii) by substitution at the 3-position with an acyclic alkyl substituent;
64.14(iii) by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or
64.15methoxybenzyl groups; or
64.16(iv) by inclusion of the 2-amino nitrogen atom in a cyclic structure.
64.17(h) Marijuana, tetrahydrocannabinols, and synthetic cannabinoids. Unless specifically
64.18excepted or unless listed in another schedule, any natural or synthetic material, compound,
64.19mixture, or preparation that contains any quantity of the following substances, their analogs,
64.20isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence
64.21of the isomers, esters, ethers, or salts is possible:
64.22(1) marijuana;
64.23(2) tetrahydrocannabinols naturally contained in a plant of the genus Cannabis, synthetic
64.24equivalents of the substances contained in the cannabis plant or in the resinous extractives
64.25of the plant, or synthetic substances with similar chemical structure and pharmacological
64.26activity to those substances contained in the plant or resinous extract, including, but not
64.27limited to, 1 cis or trans tetrahydrocannabinol, 6 cis or trans tetrahydrocannabinol, and 3,4
64.28cis or trans tetrahydrocannabinol;
64.29(3) synthetic cannabinoids, including the following substances:
64.30(i) Naphthoylindoles, which are any compounds containing a 3-(1-napthoyl)indole
64.31structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
64.32alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
65.12-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any
65.2extent and whether or not substituted in the naphthyl ring to any extent. Examples of
65.3naphthoylindoles include, but are not limited to:
65.4(A) 1-Pentyl-3-(1-naphthoyl)indole (JWH-018 and AM-678);
65.5(B) 1-Butyl-3-(1-naphthoyl)indole (JWH-073);
65.6(C) 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole (JWH-081);
65.7(D) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);
65.8(E) 1-Propyl-2-methyl-3-(1-naphthoyl)indole (JWH-015);
65.9(F) 1-Hexyl-3-(1-naphthoyl)indole (JWH-019);
65.10(G) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122);
65.11(H) 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole (JWH-210);
65.12(I) 1-Pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398);
65.13(J) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM-2201).
65.14(ii) Napthylmethylindoles, which are any compounds containing a
65.151H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the
65.16indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
65.171-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further
65.18substituted in the indole ring to any extent and whether or not substituted in the naphthyl
65.19ring to any extent. Examples of naphthylmethylindoles include, but are not limited to:
65.20(A) 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane (JWH-175);
65.21(B) 1-Pentyl-1H-indol-3-yl-(4-methyl-1-naphthyl)methane (JWH-184).
65.22(iii) Naphthoylpyrroles, which are any compounds containing a 3-(1-naphthoyl)pyrrole
65.23structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl,
65.24alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
65.252-(4-morpholinyl)ethyl group whether or not further substituted in the pyrrole ring to any
65.26extent, whether or not substituted in the naphthyl ring to any extent. Examples of
65.27naphthoylpyrroles include, but are not limited to,
65.28(5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1-ylmethanone (JWH-307).
65.29(iv) Naphthylmethylindenes, which are any compounds containing a naphthylideneindene
65.30structure with substitution at the 3-position of the indene ring by an allkyl, haloalkyl, alkenyl,
65.31cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
66.12-(4-morpholinyl)ethyl group whether or not further substituted in the indene ring to any
66.2extent, whether or not substituted in the naphthyl ring to any extent. Examples of
66.3naphthylemethylindenes include, but are not limited to,
66.4E-1-[1-(1-naphthalenylmethylene)-1H-inden-3-yl]pentane (JWH-176).
66.5(v) Phenylacetylindoles, which are any compounds containing a 3-phenylacetylindole
66.6structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
66.7alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
66.82-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any
66.9extent, whether or not substituted in the phenyl ring to any extent. Examples of
66.10phenylacetylindoles include, but are not limited to:
66.11(A) 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (RCS-8);
66.12(B) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250);
66.13(C) 1-pentyl-3-(2-methylphenylacetyl)indole (JWH-251);
66.14(D) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203).
66.15(vi) Cyclohexylphenols, which are compounds containing a
66.162-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position of the phenolic
66.17ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
66.181-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not substituted
66.19in the cyclohexyl ring to any extent. Examples of cyclohexylphenols include, but are not
66.20limited to:
66.21(A) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP 47,497);
66.22(B) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol
66.23(Cannabicyclohexanol or CP 47,497 C8 homologue);
66.24(C) 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl]
66.25-phenol (CP 55,940).
66.26(vii) Benzoylindoles, which are any compounds containing a 3-(benzoyl)indole structure
66.27with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl,
66.28cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
66.292-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any
66.30extent and whether or not substituted in the phenyl ring to any extent. Examples of
66.31benzoylindoles include, but are not limited to:
66.32(A) 1-Pentyl-3-(4-methoxybenzoyl)indole (RCS-4);
67.1(B) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694);
67.2(C) (4-methoxyphenyl-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-yl]methanone (WIN
67.348,098 or Pravadoline).
67.4(viii) Others specifically named:
67.5(A) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)
67.6-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (HU-210);
67.7(B) (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)
67.8-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (Dexanabinol or HU-211);
67.9(C) 2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]
67.10-1,4-benzoxazin-6-yl-1-naphthalenylmethanone (WIN 55,212-2);
67.11(D) (1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (UR-144);
67.12(E) (1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone
67.13(XLR-11);
67.14(F) 1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indazole-3-carboxamide
67.15(AKB-48(APINACA));
67.16(G) N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide
67.17(5-Fluoro-AKB-48);
67.18(H) 1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid (PB-22);
67.19(I) 8-quinolinyl ester-1-(5-fluoropentyl)-1H-indole-3-carboxylic acid (5-Fluoro PB-22);
67.20(J) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-pentyl-1H-indazole- 3-carboxamide
67.21(AB-PINACA);
67.22(K) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-[(4-fluorophenyl)methyl]-
67.231H-indazole-3-carboxamide (AB-FUBINACA);
67.24(L) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-(cyclohexylmethyl)-1H-
67.25indazole-3-carboxamide(AB-CHMINACA);
67.26(M) (S)-methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3- methylbutanoate
67.27(5-fluoro-AMB);
67.28(N) [1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl) methanone (THJ-2201);
67.29(O) (1-(5-fluoropentyl)-1H-benzo[d]imidazol-2-yl)(naphthalen-1-yl)methanone)
67.30(FUBIMINA);
68.1(P) (7-methoxy-1-(2-morpholinoethyl)-N-((1S,2S,4R)-1,3,3-trimethylbicyclo
68.2[2.2.1]heptan-2-yl)-1H-indole-3-carboxamide (MN-25 or UR-12);
68.3(Q) (S)-N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)
68.4-1H-indole-3-carboxamide (5-fluoro-ABICA);
68.5(R) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl)
68.6-1H-indole-3-carboxamide;
68.7(S) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl)
68.8-1H-indazole-3-carboxamide;
68.9(T) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido) -3,3-dimethylbutanoate;
68.10(U) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1(cyclohexylmethyl)-1
68.11H-indazole-3-carboxamide (MAB-CHMINACA);
68.12(V) N-(1-Amino-3,3-dimethyl-1-oxo-2-butanyl)-1-pentyl-1H-indazole-3-carboxamide
68.13(ADB-PINACA);
68.14(W) methyl (1-(4-fluorobenzyl)-1H-indazole-3-carbonyl)-L-valinate (FUB-AMB);
68.15(X)
68.16N-[(1S)-2-amino-2-oxo-1-(phenylmethyl)ethyl]-1-(cyclohexylmethyl)-1H-Indazole-3-carboxamide.
68.17(APP-CHMINACA);
68.18(Y) quinolin-8-yl 1-(4-fluorobenzyl)-1H-indole-3-carboxylate (FUB-PB-22); and
68.19(Z) methyl N-[1-(cyclohexylmethyl)-1H-indole-3-carbonyl]valinate (MMB-CHMICA).
68.20(i) A controlled substance analog, to the extent that it is implicitly or explicitly intended
68.21for human consumption.
68.22EFFECTIVE DATE.This section is effective August 1, 2017, and applies to crimes
68.23committed on or after that date.
68.24 Sec. 2. Minnesota Statutes 2016, section 152.02, subdivision 12, is amended to read:
68.25 Subd. 12. Coordination of controlled substance regulation with federal law and
68.26state statute. (a) If any substance is designated, rescheduled, or deleted as a controlled
68.27substance under federal law
68.28
68.29this chapter
68.30
68.31
69.1
69.2
69.3
69.4
69.5published in the State Register and filed with the secretary of state. In issuing the order, the
69.6board is not required to engage in rulemaking. The order expires no later than 12 months
69.7after the date of issue and may not be renewed. After issuing the order, the board may
69.8permanently schedule the substance only by exercising the authority granted to it under
69.9subdivision 8.
69.10
69.11
69.12(b) The state Board of Pharmacy shall annually submit a report to the legislature on or
69.13before December 1 that specifies what changes the board made to the controlled substance
69.14schedules maintained by the board in Minnesota Rules, parts 6800.4210 to 6800.4250, in
69.15the preceding 12 months. The report must also specify any orders issued by the board under
69.16this subdivision. The report must include specific recommendations for amending the
69.17controlled substance schedules contained in subdivisions 2 to 6, so that they conform with
69.18the controlled substance schedules maintained by the board in Minnesota Rules, parts
69.196800.4210 to 6800.4250, and with the federal schedules.
69.20 Sec. 3. Minnesota Statutes 2016, section 152.02, is amended by adding a subdivision to
69.21read:
69.22 Subd. 14. Procedural requirements. Except as otherwise permitted in this section, the
69.23Board of Pharmacy is subject to the provisions of chapter 14 in exercising the authority
69.24granted by this chapter."
69.25Delete the title and insert:
69.27relating to public safety; modifying certain provisions relating to courts, public
69.28safety, corrections, crime, and controlled substances; requesting reports; providing
69.29for penalties; appropriating money for public safety, courts, corrections, Guardian
69.30Ad Litem Board, Uniform Laws Commission, Board on Judicial Standards, Board
69.31of Public Defense, Sentencing Guidelines, Peace Officer Standards and Training
69.32(POST) Board, and Private Detective Board;amending Minnesota Statutes 2016,
69.33sections 2.722, subdivision 1; 3.739, subdivision 1; 13.69, subdivision 1; 152.02,
69.34subdivisions 2, 12, by adding a subdivision; 152.105; 171.015, by adding a
69.35subdivision; 241.01, subdivision 3a; 243.05, subdivision 1; 243.17, subdivision
69.361; 243.49; 244.05, subdivision 3; 244.198, by adding a subdivision; 271.21,
69.37subdivision 2; 299A.55, subdivision 2; 299A.707, subdivision 2; 299C.46,
69.38subdivision 6; 357.021, subdivision 2; 357.022; 357.42; 358.116; 480.242,
70.1subdivision 2; 484.70, subdivision 7; 484.702, by adding a subdivision; 486.05,
70.2subdivision 1; 486.06; 513.41; 518.179, subdivision 2; 549.09, subdivision 1;
70.3609.14, by adding a subdivision; 609.475; 609.48, by adding a subdivision; 609.595,
70.4subdivisions 1, 2, by adding a subdivision; 609.605, by adding a subdivision;
70.5609.74; 609.748, subdivisions 3, 3a, 4, 5, by adding subdivisions; 609.855,
70.6subdivision 2; 624.714, subdivision 17; 631.52, subdivision 2; 634.36; Laws 2009,
70.7chapter 59, article 3, section 4, subdivisions 8, as amended, 9, as amended;
70.8proposing coding for new law in Minnesota Statutes, chapters 609; 626; repealing
70.9Minnesota Statutes 2016, sections 169.685, subdivision 4; 486.05, subdivision 1a;
70.10525.112."