SF 878

as introduced - 89th Legislature (2015 - 2016) Posted on 04/22/2015 12:25pm

A bill for an act
relating to criminal justice; modifying disaster assistance; appropriating money
for courts, Guardian Ad Litem Board, Uniform Laws Commission, Board on
Judicial Standards, Board of Public Defense, sentencing guidelines, public safety,
Peace Officer Standards and Training (POST) Board, Private Detective Board,
human rights, and corrections; amending Minnesota Statutes 2014, sections
12.221, subdivision 6; 12B.15, subdivision 2, by adding a subdivision; 12B.25,
subdivision 1; 12B.40; Laws 2013, chapter 86, article 1, section 9.

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

Section 1. APPROPRIATIONS.

The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated
for each purpose. The figures "2016" and "2017" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June 30, 2016, or
June 30, 2017, respectively. "The first year" is fiscal year 2016. "The second year" is fiscal
year 2017. "The biennium" is fiscal years 2016 and 2017. Appropriations for the fiscal
year ending June 30, 2015, are effective the day following final enactment.

			APPROPRIATIONS
			Available for the Year
			Ending June 30
				2016		2017

Sec. 2. SUPREME COURT

Subdivision 1. Total Appropriation

$

47,186,000

$

48,653,000

The amounts that may be spent for each
purpose are specified in the following
subdivisions.

Subd. 2. Supreme Court Operations

33,886,000

35,353,000

Subd. 3. Civil Legal Services

13,300,000

13,300,000

Legal Services to Low-Income Clients in
Family Law Matters

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

Sec. 3. COURT OF APPEALS

$

11,603,000

$

12,158,000

Sec. 4. DISTRICT COURTS

$

270,001,000

$

282,666,000

$1,591,000 each year is to increase the juror
per diem and mileage reimbursement.

Sec. 5. GUARDIAN AD LITEM BOARD

$

14,953,000

$

15,613,000

Sec. 6. TAX COURT

$

2,071,000

$

1,860,000

This appropriation includes funds for
information technology project services
and support subject to the provisions of
Minnesota Statutes, section 16E.0466. Any
ongoing information technology costs will be
incorporated into the service level agreement
and will be paid to the Office of MN.IT
Services by the Tax Court under the rates and
mechanism specified in that agreement.

The base appropriation for the Tax Court
shall be $1,395,000 in fiscal year 2018 and
$1,395,000 in fiscal year 2019.

Sec. 7. UNIFORM LAWS COMMISSION

$

88,000

$

93,000

Sec. 8. BOARD ON JUDICIAL STANDARDS

$

486,000

$

486,000

Major Disciplinary Actions

$125,000 each year is for special
investigative and hearing costs for major
disciplinary actions undertaken by the
board. This appropriation does not cancel.
Any unencumbered and unspent balances
remain available for these expenditures in
subsequent fiscal years.

Sec. 9. BOARD OF PUBLIC DEFENSE

$

77,562,000

$

83,115,000

Sec. 10. SENTENCING GUIDELINES

$

595,000

$

604,000

Sec. 11. PUBLIC SAFETY

Subdivision 1. Total Appropriation

$

184,110,000

$

179,229,000

Appropriations by Fund
	2016	2017
General	95,823,000	90,652,000
Special Revenue	8,751,000	8,992,000
State Government Special Revenue	103,000	103,000
Environmental	70,000	72,000
Trunk Highway	2,295,000	2,325,000
911 Fund	77,068,000	77,085,000

The amounts that may be spent for each
purpose are specified in the following
subdivisions.

Subd. 2. Emergency Management

3,625,000

3,301,000

Appropriations by Fund
General	2,951,000	2,625,000
Environmental	70,000	72,000
Special Revenue Fund	604,000	604,000

(a) Hazmat and Chemical Assessment Teams

$604,000 each year is from the fire safety
account in the special revenue fund. These
amounts must be used to fund the hazardous
materials and chemical assessment teams.

(b) School Safety

$405,000 the first year and $410,000 the
second year from the general fund are to
reinstate the school safety center and to
provide for school safety.

Subd. 3. Criminal Apprehension

57,754,000

52,894,000

Appropriations by Fund
General	55,452,000	50,562,000
State Government Special Revenue	7,000	7,000
Trunk Highway	2,295,000	2,325,000

(a) DWI Lab Analysis; Trunk Highway Fund

Notwithstanding Minnesota Statutes, section
161.20, subdivision 3, $1,941,000 each year
is from the trunk highway fund for laboratory
analysis related to driving-while-impaired
cases.

(b) BCA Investment Initiative

$5,700,000 each year is from the general fund
for the Bureau of Criminal Apprehension:

(1) for five permanent latent fingerprint
examiner positions;

(2) for two permanent mitochondrial DNA
analyst positions;

(3) to replace equipment and instruments in
the forensic laboratory;

(4) to purchase supplies for the forensic
laboratory;

(5) for nine permanent positions to form a
digital forensics examination unit;

(6) for five permanent positions to form a
financial crimes unit; and

(7) for 13 permanent positions to increase the
capabilities of the predatory crimes section.

(c) Livescan Replacement

$1,300,000 each year is from the general fund
for the Bureau of Criminal Apprehension
to replace electronic fingerprint capture
equipment in criminal justice agencies
around the state. The equipment is to be used
to automatically submit the fingerprints to
the bureau for identification of the person
and processing. For each of fiscal years 2018
and 2019, $1,300,000 is added to the base for
livescan replacement.

(d) Report

If the vehicle services special revenue account
accrues an unallocated balance in excess
of 50 percent of the previous fiscal year's
expenditures, the commissioner of public
safety shall submit a report to the chairs
and ranking minority members of the house
of representatives and senate committees
with jurisdiction over transportation and
public safety policy and finance. The report
must contain specific policy and legislative
recommendations for reducing the fund
balance and avoiding future excessive fund
balances. The report is due within three
months of the fund balance exceeding the
threshold established in this paragraph.

Subd. 4. Fire Marshal

7,433,000

7,647,000

Appropriations by Fund
General	18,000	-0-
Special Revenue	7,415,000	7,647,000

This appropriation is from the fire safety
account in the special revenue fund and is for
activities under Minnesota Statutes, section
299F.012.

Subd. 5. Alcohol and Gambling Enforcement

2,338,000

2,373,000

Appropriations by Fund
General	1,606,000	1,632,000
Special Revenue	732,000	741,000

$662,000 the first year and $671,000 the
second year are from the alcohol enforcement
account in the special revenue fund. Of this
appropriation, $500,000 each year shall be
transferred to the general fund.

$70,000 each year is appropriated from the
lawful gambling regulation account in the
special revenue fund.

Subd. 6. Office of Justice Programs

35,892,000

35,929,000

Appropriations by Fund
General	35,796,000	35,833,000
State Government Special Revenue	96,000	96,000

(a) OJP Administration Costs

Up to 2.5 percent of the grant funds
appropriated in this subdivision may be used
by the commissioner to administer the grant
program.

(b) Crime Victim Programs

$1,500,000 each year must be distributed
through an open and competitive grant
process for existing crime victim programs.
The funds must be used to meet the needs
of underserved and unserved areas and
populations.

(c) Youth Intervention Programs

$1,000,000 each year is for youth intervention
programs under Minnesota Statutes, section
299A.73. The appropriations must be
used to create new programs statewide
in underserved areas and to help existing
programs serve unmet needs in program
communities. These appropriations are
available until expended. This amount must
be added to the department's base budget for
grants to youth intervention programs.

Subd. 7. Emergency Communication Networks

77,068,000

77,085,000

This appropriation is from the state
government special revenue fund for 911
emergency telecommunications services.

(a) Public Safety Answering Points

$13,664,000 each year is to be distributed
as provided in Minnesota Statutes, section
403.113, subdivision 2.

This appropriation includes funds for
information technology project services
and support subject to the provisions of
Minnesota Statutes, section 16E.0466. Any
ongoing information technology costs will be
incorporated into the service level agreement
and will be paid to the Office of MN.IT
Services by the Department of Public Safety
under the rates and mechanism specified in
that agreement.

(b) Medical Resource Communication Centers

$683,000 each year is for grants to the
Minnesota Emergency Medical Services
Regulatory Board for the Metro East
and Metro West Medical Resource
Communication Centers that were in
operation before January 1, 2000.

(c) ARMER Debt Service

$22,261,000 each year is to the commissioner
of management and budget to pay debt
service on revenue bonds issued under
Minnesota Statutes, section 403.275.

Any portion of this appropriation not needed
to pay debt service in a fiscal year may be
used by the commissioner of public safety to
pay cash for any of the capital improvements
for which bond proceeds were appropriated
by Laws 2005, chapter 136, article 1, section
9, subdivision 8; or Laws 2007, chapter 54,
article 1, section 10, subdivision 8.

(d) ARMER State Backbone Operating
Costs

$9,650,000 each year is to the commissioner
of transportation for costs of maintaining and
operating the first and third phases of the
statewide radio system backbone.

(e) ARMER Improvements

$1,000,000 each year is to the Statewide
Radio Board for costs of design, construction,
and maintenance of, and improvements
to, those elements of the statewide public
safety radio and communication system
that support mutual aid communications
and emergency medical services or provide
interim enhancement of public safety
communication interoperability in those
areas of the state where the statewide public
safety radio and communication system is
not yet implemented.

Sec. 12. PEACE OFFICER STANDARDS AND TRAINING (POST) BOARD

$

3,887,000

$

3,904,000

(a) Excess Amounts Transferred

This appropriation is from the peace officer
training account in the special revenue fund.
Any new receipts credited to that account in
the first year in excess of $3,887,000 must be
transferred and credited to the general fund.
Any new receipts credited to that account in
the second year in excess of $3,904,000 must
be transferred and credited to the general
fund.

(b) Peace Officer Training
Reimbursements

$2,734,000 each year is for reimbursements
to local governments for peace officer
training costs.

Sec. 13. PRIVATE DETECTIVE BOARD

$

122,000

$

124,000

Sec. 14. HUMAN RIGHTS

$

4,677,000

$

4,732,000

$900,000 each year is for the acceleration
of the investigation, enforcement, and
final disposition of cases as well as the
department's capacity in the area of legal
analysis and fiscal management.

Sec. 15. CORRECTIONS

Subdivision 1. Total Appropriation

$

533,012,000

$

544,063,000

The amounts that may be spent for each
purpose are specified in the following
subdivisions.

Subd. 2. Correctional Institutions

386,611,000

396,195,000

$2,871,000 in fiscal year 2016 and
$2,742,000 in fiscal year 2017 are to expand
offender medical services including an
electronic health records system.

This appropriation includes funds for
information technology project services
and support subject to the provisions of
Minnesota Statutes, section 16E.0466. Any
ongoing information technology costs will be
incorporated into the service level agreement
and will be paid to the Office of MN.IT
Services by the Department of Corrections
under the rates and mechanism specified in
that agreement.

$541,000 in fiscal year 2016 and $670,000 in
fiscal year 2017 are to increase the number
of full-time equivalent positions in the
department's fugitive apprehension unit. The
base for this item is $642,000 in each of
fiscal years 2018 and 2019.

Subd. 3. Community Services

120,589,000

121,603,000

$1,000,000 each year is to increase the
number of supervision agents for offenders
on intensive supervised release as described
in Minnesota Statutes, section 244.13,
subdivision 2.

$250,000 each year is to increase the
number of supervision agents for offenders
participating in the department's challenge
incarceration program as described in
Minnesota Statutes, section 244.172,
subdivisions 2 and 3.

$1,550,000 each year is added to the
Community Corrections Act subsidy, as
described in Minnesota Statutes, section
401.14.

$200,000 each year is added to the county
probation officers reimbursement, as
described in Minnesota Statutes, section
244.19, subdivision 6.

Subd. 4. Operations Support

25,812,000

26,265,000

$1,500,000 each year is to support technology
needs.

This appropriation includes funds for
information technology project services
and support subject to the provisions of
Minnesota Statutes, section 16E.0466. Any
ongoing information technology costs will be
incorporated into the service level agreement
and will be paid to the Office of MN.IT
Services by the Department of Corrections
under the rates and mechanism specified in
that agreement.

Sec. 16.

Minnesota Statutes 2014, section 12.221, subdivision 6, is amended to read:

Subd. 6.

Disaster assistance contingency account; appropriation.

(a) A disaster
assistance contingency account is created in the special revenue fund in the state treasury.
Money in the disaster assistance contingency account is appropriated to the commissioner
of public safety to provide:

(1) cost-share for federal assistance under section 12A.15, subdivision 1; and

(2) state public disaster assistance to eligible applicants under chapter 12B.;

(3) cost-share for federal assistance from the Federal Highway Administration
emergency relief program under United States Code, title 23, section 125; and

(4) cost-share for federal assistance from the United States Department of
Agriculture, Natural Resources Conservation Service emergency watershed protection
program under United States Code, title 16, sections 2203 to 2205.

(b) For appropriations under paragraph (a), clause (1), the amount appropriated is
100 percent of any nonfederal share for state agencies and local governments. Money
appropriated under paragraph (a), clause (1), may be used to pay all or a portion of the
nonfederal share for publicly owned capital improvement projects.

(c) For appropriations under paragraph (a), clause (2), the amount appropriated
is the amount required to pay eligible claims under chapter 12B, as certified by the
commissioner of public safety.

(d) By January 15 of each year, the commissioner of management and budget shall
submit a report to the chairs and ranking minority members of the house of representatives
Ways and Means Committee and the senate Finance Committee detailing state disaster
assistance appropriations and expenditures under this subdivision during the previous
calendar year.

(e) The governor's budget proposal submitted to the legislature under section 16A.11
must include recommended appropriations to the disaster assistance contingency account.
The governor's appropriation recommendations must be informed by the commissioner of
public safety's estimate of the amount of money that will be necessary to:

(1) provide 100 percent of the nonfederal share for state agencies and local
governments that will receive federal financial assistance from FEMA during the next
biennium; and

(2) fully pay all eligible claims under chapter 12B.

(f) Notwithstanding section 16A.28:

(1) funds appropriated or transferred to the disaster assistance contingency account
do not lapse but remain in the account until appropriated; and

(2) funds appropriated from the disaster assistance contingency account do not lapse
and are available until expended.

Sec. 17.

Minnesota Statutes 2014, section 12B.15, subdivision 2, is amended to read:

Subd. 2.

Applicant.

"Applicant" means a local government or state government
agency that applies for state disaster assistance under this chapter.

Sec. 18.

Minnesota Statutes 2014, section 12B.15, is amended by adding a subdivision
to read:

Subd. 3a.

County.

"County" or "county government" means each county in which
a governmental unit is located in whole or in part, or a county board of commissioners
as defined in chapter 375.

Sec. 19.

Minnesota Statutes 2014, section 12B.25, subdivision 1, is amended to read:

Subdivision 1.

Payment required; eligibility criteria.

The director, serving as
the governor's authorized representative, may enter into grant agreements with eligible
applicants to provide state financial assistance made available as a result of a disaster
that satisfies all of the following criteria:

(1) the state or applicable local county government declares a disaster or emergency
during the incident period;

(2) damages suffered and eligible costs incurred are the direct result of the disaster;

(3) federal disaster assistance is not available to the applicant because the governor
did not request a presidential declaration of major disaster, the president denied the
governor's request, or the applicant is not eligible for federal disaster assistance because
the state or county did not meet the per capita impact indicator under FEMA's Public
Assistance Program;

(4) the applicant incurred eligible damages that, on a per capita basis, equal or
exceed 50 percent of the countywide per capita impact indicator under FEMA's Public
Assistance Program;

(5) the applicant assumes responsibility for 25 percent of the applicant's total
eligible costs; and

(6) the applicant satisfies all requirements in this chapter.

Sec. 20.

Minnesota Statutes 2014, section 12B.40, is amended to read:

12B.40 APPLICATION PROCESS.

(a) The director must develop application materials and may update the materials as
needed. Application materials must include instructions and requirements for assistance
under this chapter.

(b) An applicant A county government has 30 days from the end of the incident
period or the president's official denial of the governor's request for a declaration of a
major disaster to provide the director with written notice of intent to apply request that
the governor declare a state disaster. The director may deny an application due to a late
notice of intent to apply a late request. The county government's request for a state
disaster declaration must include:

(1) the cause, location of damage, and incident period;

(2) documentation of a local, tribal, county, or state disaster or emergency
declaration in response to the disaster;

(3) a description of damages, an initial damage assessment, and the amount of
eligible costs incurred by the applicant;

(4) a statement or evidence that the applicant has the ability to pay for at least 25
percent of total eligible costs incurred from the disaster; and

(5) a statement or evidence that the local government has incurred damages equal to
or exceeding 50 percent of the federal countywide threshold in effect during the incident
period.

(c) Within An applicant has 60 days after the end of the incident period or the
president's official denial of from the governor's request for a declaration of a major state
disaster, the applicant must to submit a complete application for state public disaster
assistance to the director. A complete application includes the following:

(1) the cause, location of damage, and incident period;

(2) documentation of a local, tribal, county, or state disaster or emergency
declaration in response to the disaster;

(3) a description of damages, an initial damage assessment, and the amount of
eligible costs incurred by the applicant;

(4) a statement or evidence that the applicant has the ability to pay for at least 25
percent of total eligible costs incurred from the disaster; and

(5) a statement or evidence that the local government has incurred damages equal to
or exceeding 50 percent of the federal countywide threshold in effect during the incident
period.

(d) The director must review the application and supporting documentation for
completeness and may return the application with a request for more detailed information.
The director may consult with local public officials to ensure the application reflects the
extent and magnitude of the damage and to reconcile any differences. The application is
not complete until the director receives all requested information.

(e) If the director returns an application with a request for more detailed information
or for correction of deficiencies, the applicant must submit all required information within
30 days of the applicant's receipt of the director's request. The applicant's failure to
provide the requested information in a timely manner without a reasonable explanation
may be cause for denial of the application.

(f) The director has no more than 60 days from the receipt of a complete application
to approve or deny the application, or the application is deemed approved. If the director
denies an application, the director must send a denial letter. If the director approves an
application or the application is automatically deemed approved after 60 days, the director
must notify the applicant of the steps necessary to obtain reimbursement of eligible
costs, including submission of invoices or other documentation substantiating the costs
submitted for reimbursement.

Sec. 21.

Laws 2013, chapter 86, article 1, section 9, is amended to read:

Sec. 9. BOARD ON JUDICIAL STANDARDS

$

756,000

$

456,000

(a) Deficiencies

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

(b) Major Disciplinary Actions

$125,000 each year is for special
investigative and hearing costs for major
disciplinary actions undertaken by the
board. This appropriation does not cancel.
Any encumbered unencumbered and
unspent balances remain available for these
expenditures in subsequent fiscal years.

EFFECTIVE DATE.

This section is effective the day following final enactment.