Minnesota Legislature
SF 878
Conference Committee Report - 89th Legislature (2015 - 2016) Posted on 05/17/2015 03:28pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 878
1.3relating to criminal justice; lowering the penalty for the performance of
1.4acts prohibited by statutes for which no penalty is specified; regulating the
1.5possession and purchase of firearms, ammunition, and suppressors; prohibiting a
1.6bondsman or bail enforcement agent from wearing uniform or driving vehicle
1.7the color of law enforcement; regulating the use of unmanned aerial vehicles
1.8by law enforcement agencies; requiring outside law enforcement agencies to
1.9investigate peace officer-involved incidents; addressing numerous issues relating
1.10to juveniles including diversion, use of restraints, and sentencing; modifying
1.11forfeiture laws and how proceeds from the sale of forfeited property are used,
1.12what reports are required, and how policies are adopted; establishing the burden
1.13of production on the innocent owner claimant and the burden of proof on the
1.14prosecutor in an innocent owner forfeiture case involving DWI, designated
1.15offenses, controlled substance offenses, fleeing offenses, and prostitution
1.16offenses; expanding the homestead exemption in forfeiture cases; restoring
1.17the civil right to vote of an individual upon release from incarceration and
1.18requiring notice; repealing county attorney obligation to promptly investigate
1.19voter registration and eligibility;amending Minnesota Statutes 2014, sections
1.206.74; 84.7741, subdivision 10; 97A.421, by adding a subdivision; 169.98,
1.21by adding a subdivision; 169A.60, subdivision 1; 169A.63, subdivisions 1,
1.227, 9, 10; 201.014, by adding a subdivision; 201.071, subdivision 1; 201.12,
1.23subdivisions 2, 3; 201.13, subdivision 3; 201.14; 201.157; 204C.08, subdivision
1.241d; 204C.10; 244.05, subdivisions 4, 5; 260B.001, subdivision 2; 260B.125, by
1.25adding a subdivision; 260B.130, subdivision 4; 609.02, by adding a subdivision;
1.26609.106, subdivision 2, by adding a subdivision; 609.11, subdivision 9; 609.165;
1.27609.3455, subdivision 2; 609.531, subdivisions 1, 8, by adding subdivisions;
1.28609.5311, subdivision 3; 609.5312, subdivisions 2, 3, 4; 609.5315, subdivisions
1.291, 6; 609.5318, subdivision 5; 609.66, subdivisions 1a, 1g; 624.71; 624.712, by
1.30adding a subdivision; 624.713, subdivisions 1, 1a, 2, 3, 4; 624.714, subdivision
1.3116; 624.715; 626.88; 645.241; proposing coding for new law in Minnesota
1.32Statutes, chapters 5B; 201; 243; 260B; 624; 626; repealing Minnesota Statutes
1.332014, sections 97B.031, subdivision 4; 201.155; 201.275; 609.66, subdivision 1h.
1.34May 17, 2015
1.35The Honorable Sandra L. Pappas
1.36President of the Senate
1.37The Honorable Kurt L. Daudt
1.38Speaker of the House of Representatives
1.39We, the undersigned conferees for S.F. No. 878 report that we have agreed upon the
1.40items in dispute and recommend as follows:
2.1That the House recede from its amendments and that S.F. No. 878 be further
2.2amended as follows:
2.3Delete everything after the enacting clause and insert:
2.7The sums shown in the columns marked "Appropriations" are appropriated to the
2.8agencies and for the purposes specified in this article. The appropriations are from the
2.9general fund, or another named fund, and are available for the fiscal years indicated
2.10for each purpose. The figures "2016" and "2017" used in this article mean that the
2.11appropriations listed under them are available for the fiscal year ending June 30, 2016, or
2.12June 30, 2017, respectively. "The first year" is fiscal year 2016. "The second year" is fiscal
2.13year 2017. "The biennium" is fiscal years 2016 and 2017. Appropriations for the fiscal
2.14year ending June 30, 2015, are effective the day following final enactment.
2.21The amounts that may be spent for each
2.22purpose are specified in the following
2.23subdivisions.
2.25Contingent Account
2.26$5,000 each year is for a contingent account
2.27for expenses necessary for the normal
2.28operation of the court for which no other
2.29reimbursement is provided.
2.31Legal Services to Low-Income Clients in
2.32Family Law Matters
3.1$948,000 each year is to improve the access
3.2of low-income clients to legal representation
3.3in family law matters. This appropriation
3.4must be distributed under Minnesota Statutes,
3.5section 480.242, to the qualified legal
3.6services program described in Minnesota
3.7Statutes, section 480.242, subdivision 2,
3.8paragraph (a). Any unencumbered balance
3.9remaining in the first year does not cancel
3.10and is available in the second year.
3.13Specialty Courts
3.14$350,000 each year is to expand specialty
3.15courts.
3.18(a) Information Technology
3.19This appropriation includes funds for
3.20information technology project services
3.21and support subject to the provisions of
3.22Minnesota Statutes, section 16E.0466. Any
3.23ongoing information technology costs will be
3.24incorporated into the service level agreement
3.25and will be paid to the Office of MN.IT
3.26Services by the Tax Court under the rates and
3.27mechanism specified in that agreement.
3.28(b) Base Appropriation
3.29The base appropriation for the Tax Court
3.30shall be $1,392,000 in fiscal year 2018 and
3.31$1,392,000 in fiscal year 2019.
4.3Major Disciplinary Actions
4.4$125,000 each year is for special
4.5investigative and hearing costs for major
4.6disciplinary actions undertaken by the board.
4.7This appropriation does not cancel. Any
4.8unencumbered and unspent balances remain
4.9available for these expenditures until June
4.1030, 2019.
4.12Training
4.13$100,000 each year is for public defender
4.14training.
4.27The amounts that may be spent for each
4.28purpose are specified in the following
4.29subdivisions.
5.5$950,000 the first year and $850,000 the
5.6second year are from the fire safety account
5.7in the special revenue fund. These amounts
5.8must be used to fund the hazardous materials
5.9and chemical assessment teams. Of this
5.10amount, $100,000 the first year is for cases for
5.11which there is no identified responsible party.
5.12(b) Disaster Assistance Account
5.13$1,000,000 the first year is from the general
5.14fund for transfer to the disaster assistance
5.15contingency account in Minnesota Statutes,
5.16section 12.221.
5.17(c) Combating Terrorism Recruitment
5.18$250,000 the first year is for the
5.19commissioner to develop strategies and
5.20make efforts to combat the recruitment of
5.21Minnesota residents by terrorist organizations
5.22such as ISIS and al-Shabaab. At least half
5.23of this amount must be distributed through
5.24grants to local governments with identified
5.25populations who are at-risk for recruitment.
5.26The commissioner must collaborate
5.27with federal, state, and local agencies in
5.28developing the required strategies. The
5.29commissioner shall prepare a report that
5.30explains the strategies proposed and steps to
5.31implement the strategies. The commissioner
5.32must submit the report to the chairs and
5.33ranking minority members of the house and
6.1senate committees with jurisdiction over
6.2public safety by February 1, 2016.
6.10Notwithstanding Minnesota Statutes, section
6.11161.20, subdivision 3, $2,295,000 the first
6.12year and $2,325,000 the second year are
6.13from the trunk highway fund for laboratory
6.14analysis related to driving-while-impaired
6.15cases.
6.17$5,700,000 each year is from the general
6.18fund:
6.19(1) for additional permanent latent fingerprint
6.20examiner positions;
6.21(2) for additional permanent mitochondrial
6.22DNA analyst positions;
6.23(3) to replace equipment and instruments in
6.24the forensic laboratory;
6.25(4) to purchase supplies for the forensic
6.26laboratory;
6.27(5) for additional permanent positions to
6.28form a digital forensics examination unit;
6.29(6) for additional permanent positions to
6.30form a financial crimes unit; and
6.31(7) for additional permanent positions to
6.32increase the capabilities of the predatory
6.33crimes section.
7.2$325,000 each year is from the general fund
7.3to replace electronic fingerprint capture
7.4equipment in criminal justice agencies
7.5around the state. The equipment is to be used
7.6to automatically submit the fingerprints to
7.7the bureau for identification of the person
7.8and processing.
7.10If the vehicle services special revenue
7.11account accrues an unallocated balance
7.12in excess of 50 percent of the previous
7.13fiscal year's expenditures, the commissioner
7.14shall submit a report to the chairs and
7.15ranking minority members of the house
7.16of representatives and senate committees
7.17with jurisdiction over transportation and
7.18public safety policy and finance. The report
7.19must contain specific policy and legislative
7.20recommendations for reducing the fund
7.21balance and avoiding future excessive fund
7.22balances. The report is due within three
7.23months of the fund balance exceeding the
7.24threshold established in this paragraph.
7.29The special revenue fund appropriation is
7.30from the fire safety account in the special
7.31revenue fund and is for activities under
7.32Minnesota Statutes, section 299F.012.
7.33(a) Training
8.1$1,873,000 the first year and $673,000
8.2the second year are for an increase to the
8.3Minnesota Board of Firefighter Training.
8.4(b) Task Force 1
8.5$1,500,000 the first year and $500,000 the
8.6second year are for an increase to Minnesota
8.7Task Force 1.
8.8(c) Air Rescue
8.9$190,000 each year is to fund the Minnesota
8.10Air Rescue Team.
8.11(d) Unappropriated Revenue
8.12Any additional unappropriated money
8.13collected in fiscal year 2015 is appropriated
8.14to the commissioner of public safety for
8.15the purposes of Minnesota Statutes, section
8.16299F.012. The commissioner may transfer
8.17appropriations and base amounts between
8.18activities in this subdivision.
8.23$662,000 the first year and $671,000 the
8.24second year are from the alcohol enforcement
8.25account in the special revenue fund. Of this
8.26appropriation, $500,000 each year shall be
8.27transferred to the general fund.
8.28$70,000 each year is from the lawful
8.29gambling regulation account in the special
8.30revenue fund.
9.6Up to 2.5 percent of the grant funds
9.7appropriated in this subdivision may be used
9.8by the commissioner to administer the grant
9.9program.
9.11$750,000 each year is for youth intervention
9.12programs under Minnesota Statutes, section
9.13299A.73.
9.15$675,000 each year is for additional grants
9.16to organizations awarded grants in fiscal
9.17years 2014 and 2015. Of this amount,
9.18$150,000 in each of fiscal years 2016 and
9.192017 only are for a grant to an organization
9.20that provides culturally specific emergency
9.21shelter programming in St. Paul for victims
9.22of domestic abuse. The amount appropriated
9.23in fiscal years 2016 and 2017 is added to the
9.24base for crime victim services.
9.26$150,000 each year is for a grant to a
9.27nonprofit organization dedicated to providing
9.28immediate and long-term emotional support
9.29and practical help for the families and friends
9.30of individuals who have died by suicide,
9.31overdose, accident, or homicide, including
9.32but not limited to domestic violence.
10.1$400,000 each year is for grants to new
10.2and existing child advocacy centers whose
10.3primary purposes are (1) to coordinate the
10.4investigation, treatment, and management of
10.5abuse cases and (2) to provide direct services
10.6to abuse victims.
10.8$100,000 each year is for a grant to the
10.9Minnesota County Attorneys Association for
10.10prosecutor and law enforcement training.
10.12$250,000 each year is for grants to state and
10.13local units of government for the following
10.14purposes:
10.15(1) to support new or existing
10.16multijurisdictional entities to investigate sex
10.17trafficking crimes; and
10.18(2) to provide technical assistance for
10.19sex trafficking crimes, including training
10.20and case consultation, to law enforcement
10.21agencies statewide.
10.22This is a onetime appropriation.
10.24$176,000 the first year is for a grant to the
10.25White Earth Band of Chippewa Indians
10.26to be used by the band's law enforcement
10.27department for a server for law enforcement
10.28agencies in the counties of Clearwater,
10.29Becker, and Mahnomen, and the band's
10.30law enforcement department to store law
10.31enforcement data on.
11.1$40,000 each year is for Lifesaver grants
11.2under section 22. This is a onetime
11.3appropriation.
11.5$300,000 each year is for grants to nonprofit
11.6organizations to conduct training, technical
11.7support, and peer learning opportunities for
11.8counties interested in implementing juvenile
11.9detention reform and addressing disparities
11.10in the juvenile justice system to accomplish
11.11cost-effective interventions that leverage the
11.12strength of families and communities. This
11.13is a onetime appropriation.
11.15$100,000 each year is for a grant to the
11.16Advocates for Family Peace organization
11.17to provide services for victims of domestic
11.18violence. This is a onetime appropriation.
11.20This appropriation is from the state
11.21government special revenue fund for 911
11.22emergency telecommunications services.
11.23This appropriation includes funds for
11.24information technology project services
11.25and support subject to the provisions of
11.26Minnesota Statutes, section 16E.0466. Any
11.27ongoing information technology costs will be
11.28incorporated into the service level agreement
11.29and will be paid to the Office of MN.IT
11.30Services by the Department of Public Safety
11.31under the rates and mechanism specified in
11.32that agreement.
12.1$13,664,000 each year is to be distributed
12.2as provided in Minnesota Statutes, section
12.3403.113, subdivision 2.
12.5$683,000 each year is for grants to the
12.6Minnesota Emergency Medical Services
12.7Regulatory Board for the Metro East
12.8and Metro West Medical Resource
12.9Communication Centers that were in
12.10operation before January 1, 2000.
12.12$23,261,000 each year is to the commissioner
12.13of management and budget to pay debt
12.14service on revenue bonds issued under
12.15Minnesota Statutes, section 403.275.
12.16Any portion of this appropriation not needed
12.17to pay debt service in a fiscal year may be
12.18used by the commissioner of public safety to
12.19pay cash for any of the capital improvements
12.20for which bond proceeds were appropriated
12.21by Laws 2005, chapter 136, article 1, section
12.229, subdivision 8; or Laws 2007, chapter 54,
12.23article 1, section 10, subdivision 8.
12.24(d) ARMER State Backbone Operating
12.25Costs
12.26$9,650,000 each year is to the commissioner
12.27of transportation for costs of maintaining and
12.28operating the first and third phases of the
12.29statewide radio system backbone.
12.30(e) ARMER Improvements
12.31$1,000,000 each year is to the Statewide
12.32Radio Board for costs of design, construction,
12.33and maintenance of, and improvements
13.1to, those elements of the statewide public
13.2safety radio and communication system
13.3that support mutual aid communications
13.4and emergency medical services or provide
13.5interim enhancement of public safety
13.6communication interoperability in those
13.7areas of the state where the statewide public
13.8safety radio and communication system is
13.9not yet implemented.
13.12(a) Excess Amounts Transferred
13.13This appropriation is from the peace officer
13.14training account in the special revenue fund.
13.15Any new receipts credited to that account in
13.16the first year in excess of $4,112,000 must be
13.17transferred and credited to the general fund.
13.18Any new receipts credited to that account in
13.19the second year in excess of $4,129,000 must
13.20be transferred and credited to the general
13.21fund.
13.22(b) Peace Officer Training
13.23Reimbursements
13.24$2,734,000 each year is for reimbursements
13.25to local governments for peace officer
13.26training costs.
13.27(c) De-escalation Training
13.28$100,000 each year is for training state and
13.29local community safety personnel in the use
13.30of crisis de-escalation techniques. This is a
13.31onetime appropriation.
13.33Administrative Assistant
14.1$65,000 each year is for an administrative
14.2assistant.
14.4Increased Efficiency
14.5$150,000 each year is for the acceleration
14.6of the investigation, enforcement, and
14.7final disposition of cases as well as the
14.8department's capacity in the area of legal
14.9analysis and fiscal management. Up to
14.10$80,000 each year may be used to expand
14.11services in St. Cloud.
14.14The amounts that may be spent for each
14.15purpose are specified in the following
14.16subdivisions.
14.18(a) Fugitive Apprehension Unit
14.19$541,000 the first year and $1,051,000 the
14.20second year are to increase the number
14.21of full-time equivalent positions in the
14.22department's fugitive apprehension unit. The
14.23base for this item is $1,051,000 in each of
14.24fiscal years 2018 and 2019.
14.25(b) Doula Services Grants
14.26$30,000 each year is for grants to provide
14.27access to doula services as described in
14.28proposed Minnesota Statutes, section 241.89,
14.29subdivision 2, paragraph (b). This is a
14.30onetime appropriation.
15.1(a) Intensive Supervised Release Agents
15.2$1,000,000 each year is to increase the
15.3number of supervision agents for offenders
15.4on intensive supervised release as described
15.5in Minnesota Statutes, section 244.13,
15.6subdivision 2.
15.7(b) Challenge Incarceration
15.8$250,000 each year is to increase the
15.9number of supervision agents for offenders
15.10participating in the department's challenge
15.11incarceration program as described in
15.12Minnesota Statutes, section 244.172,
15.13subdivisions 2 and 3.
15.14(c) Community Corrections Act
15.15$1,800,000 each year is added to the
15.16Community Corrections Act subsidy, as
15.17described in Minnesota Statutes, section
15.18401.14.
15.19(d) County Probation Officer
15.20Reimbursements
15.21$294,000 the first year and $295,000
15.22the second year are added to the county
15.23probation officers reimbursement, as
15.24described in Minnesota Statutes, section
15.25244.19, subdivision 6.
15.26(e) Scott County Correctional Services
15.27$85,000 each year is to be added to the base
15.28calculated by the department of corrections
15.29for Scott County under Minnesota Statutes,
15.30section 401.10, subdivision 1, for the
15.31provision of correctional services.
15.33(a) Technology Needs
16.1$500,000 each year is to support technology
16.2needs.
16.3(b) Information Technology
16.4This appropriation includes funds for
16.5information technology project services
16.6and support subject to the provisions of
16.7Minnesota Statutes, section 16E.0466. Any
16.8ongoing information technology costs will be
16.9incorporated into the service level agreement
16.10and will be paid to the Office of MN.IT
16.11Services by the Department of Corrections
16.12under the rates and mechanism specified in
16.13that agreement.
16.15(a) MINNCOR
16.16Notwithstanding Minnesota Statutes, section
16.17241.27, the commissioner of management
16.18and budget shall transfer $1,000,000 each
16.19year from the Minnesota correctional
16.20industries revolving fund to the general fund.
16.21This is a onetime transfer.
16.22(b) Fire Safety
16.23The commissioner of management and
16.24budget shall transfer $1,250,000 each year
16.25from the fire safety account to the general
16.26fund. This is a onetime transfer.
16.30(a) No later than September 30, 2015, the
16.31commissioner of management and budget
16.32must estimate the amount of any positive
16.33unrestricted budgetary general fund balance
17.1at the close of the fiscal year ending June
17.230, 2015. If the actual positive general fund
17.3balance at the end of fiscal year 2015 is more
17.4than $17,500,000 in excess of the positive
17.5general fund balance that was estimated by
17.6the commissioner at the end of the 2015
17.7legislative session, $15,000,000 from the
17.8fiscal year 2015 closing balance in the
17.9general fund is transferred to the disaster
17.10contingency account under Minnesota
17.11Statutes, section 12.221, subdivision 6, and
17.12$2,500,000 is transferred to the fire safety
17.13account in the special revenue fund, under
17.14Minnesota Statutes, section 299F.012.
17.15(b) If the actual positive general fund balance
17.16estimated at the end of fiscal year 2015
17.17under paragraph (a) exceeds the positive
17.18general fund balance that was estimated by
17.19the commissioner at the end of the 2015
17.20legislative session by $17,500,000 or less, the
17.21amount of the difference between the actual
17.22and estimated positive general fund balance
17.23from the fiscal year 2015 closing balance
17.24is transferred to the disaster contingency
17.25account under Minnesota Statutes, section
17.2612.221, subdivision 6, and the fire safety
17.27account in the special revenue fund under
17.28Minnesota Statutes, section 299F.012.
17.29The commissioner shall allocate the funds
17.30proportionately between the two accounts in
17.31this paragraph.
17.32(c) No later than October 15, 2015, the
17.33commissioner of management and budget
17.34must notify the chairs and ranking minority
17.35members of the legislative committees with
18.1jurisdiction over the disaster contingency
18.2account and the fire safety account of:
18.3(1) the amount of the positive unrestricted
18.4general fund balance estimated under
18.5paragraph (a); and
18.6(2) the dollar amount transferred to the
18.7disaster contingency account and the fire
18.8safety account under this section.
18.9(d) Any amount transferred to the fire safety
18.10account under this section is appropriated
18.11in fiscal year 2016 to the commissioner of
18.12public safety for activities under Minnesota
18.13Statutes, section 299F.012. This is a onetime
18.14appropriation.
18.17Notwithstanding Minnesota Statutes, section
18.1812.221, subdivision 6, for fiscal years 2016
18.19and 2017 only, the disaster contingency
18.20account, under Minnesota Statutes, section
18.2112.221, subdivision 6, may be used to pay for
18.22costs of eligible avian influenza emergency
18.23response activities. By January 15, 2018, the
18.24commissioner of management and budget
18.25must report to the chairs and ranking minority
18.26members of the senate Finance Committee
18.27and the house of representatives Committee
18.28on Ways and Means on any amount used for
18.29avian influenza under this section.
18.30 Sec. 19. Minnesota Statutes 2014, section 357.021, subdivision 2, is amended to read:
18.31 Subd. 2. Fee amounts. The fees to be charged and collected by the court
18.32administrator shall be as follows:
19.1 (1) In every civil action or proceeding in said court, including any case arising
19.2under the tax laws of the state that could be transferred or appealed to the Tax Court, the
19.3plaintiff, petitioner, or other moving party shall pay, when the first paper is filed for that
19.4party in said action, a fee of $310, except in marriage dissolution actions the fee is $340.
19.5 The defendant or other adverse or intervening party, or any one or more of several
19.6defendants or other adverse or intervening parties appearing separately from the others,
19.7shall pay, when the first paper is filed for that party in said action, a fee of $310, except in
19.8marriage dissolution actions the fee is $340. This subdivision does not apply to the filing
19.9of an Application for Discharge of Judgment. Section 548.181 applies to an Application
19.10for Discharge of Judgment.
19.11 The party requesting a trial by jury shall pay $100.
19.12 The fees above stated shall be the full trial fee chargeable to said parties irrespective
19.13of whether trial be to the court alone, to the court and jury, or disposed of without trial,
19.14and shall include the entry of judgment in the action, but does not include copies or
19.15certified copies of any papers so filed or proceedings under chapter 103E, except the
19.16provisions therein as to appeals.
19.17 (2) Certified copy of any instrument from a civil or criminal proceeding, $14, and $8
19.18for an uncertified copy.
19.19 (3) Issuing a subpoena, $16 for each name.
19.20 (4) Filing a motion or response to a motion in civil, family, excluding child support,
19.21and guardianship cases, $100.
19.22 (5) Issuing an execution and filing the return thereof; issuing a writ of attachment,
19.23injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not
19.24specifically mentioned, $55.
19.25 (6) Issuing a transcript of judgment, or for filing and docketing a transcript of
19.26judgment from another court, $40.
19.27 (7) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment
19.28of judgment, $5.
19.29 (8) Certificate as to existence or nonexistence of judgments docketed, $5 for each
19.30name certified to.
19.31 (9) Filing and indexing trade name; or recording basic science certificate; or recording
19.32certificate of physicians, osteopaths, chiropractors, veterinarians, or optometrists, $5.
19.33 (10) For the filing of each partial, final, or annual account in all trusteeships, $55.
19.34 (11) For the deposit of a will, $27.
19.35 (12) For recording notary commission, $20.
20.1 (13) Filing a motion or response to a motion for modification of child support,
20.2a fee of $100.
20.3 (14) All other services required by law for which no fee is provided, such fee
20.4as compares favorably with those herein provided, or such as may be fixed by rule or
20.5order of the court.
20.6 (15) In addition to any other filing fees under this chapter, a surcharge in the amount of
20.7$75 must be assessed in accordance with section259.52, subdivision 14 , for each adoption
20.8petition filed in district court to fund the fathers' adoption registry under section259.52 .
20.9 The fees in clauses (3) and (5) need not be paid by a public authority or the party
20.10the public authority represents.
20.11EFFECTIVE DATE.This section is effective August 1, 2015, and applies to filings
20.12made on or after that date.
20.13 Sec. 20. [611A.212] PROGRAMS FOR SEXUAL ASSAULT PRIMARY
20.14PREVENTION.
20.15 Subdivision 1. Grants. The commissioner of public safety shall award grants
20.16to programs that provide sexual assault primary prevention services to prevent initial
20.17perpetration or victimization of sexual assault.
20.18 Subd. 2. Applications. Any public or private nonprofit agency may apply to the
20.19commissioner for a grant. The commissioner may give preference to applications from an
20.20agency receiving a grant from the programs for victims of sexual assault under Minnesota
20.21Statutes, section 611A.211. The application shall be submitted in a form approved by
20.22the commissioner.
20.23 Subd. 3. Duties of grantees. Every public or private nonprofit agency that receives
20.24a grant to provide sexual assault primary prevention services shall comply with rules of
20.25the commissioner related to the administration of the grant programs.
20.26 Subd. 4. Sexual assault. For the purpose of this section, "sexual assault" means a
20.27violation of Minnesota Statutes, sections 609.342 to 609.3453.
20.28 Sec. 21. Laws 2013, chapter 86, article 1, section 7, is amended to read:
20.30(a) Additional Resources
20.31$161,000 each year is fortwo law clerks,
20.32continuing legal education costs, and
20.33Westlaw costs operating expenses. Any
21.1amount not expended in the first year does
21.2not cancel and is available in the second year.
21.3(b) Case Management System
21.4$25,000 each year is for the implementation
21.5and maintenance of a modern case
21.6management system.
21.7EFFECTIVE DATE.This section is effective retroactively from July 1, 2013.
21.8 Sec. 22. Laws 2013, chapter 86, article 1, section 9, is amended to read:
21.10(a) Deficiencies
21.11$300,000 the first year is for deficiencies
21.12occurring in fiscal year 2013. This
21.13appropriation is available for expenditure the
21.14day following final enactment.
21.15(b) Major Disciplinary Actions
21.16$125,000 each year is for special
21.17investigative and hearing costs for major
21.18disciplinary actions undertaken by the
21.19board. This appropriation does not cancel.
21.20Anyencumbered unencumbered and
21.21unspent balances remain available for these
21.22expenditures in subsequent fiscal years.
21.23EFFECTIVE DATE.This section is effective the day following final enactment.
21.24 Sec. 23. LIFESAVER GRANT PROGRAM.
21.25 Subdivision 1. Grant program. The commissioner of public safety shall establish
21.26a lifesaver grant program to assist local law enforcement agencies with the costs of
21.27developing lifesaver rapid response programs designed to quickly find individuals with
21.28medical conditions that cause wandering and result in many of these individuals becoming
21.29lost and missing. The search and rescue program must electronically track a lost or
21.30missing vulnerable senior citizen or an individual who is mentally impaired due to autism,
21.31Down Syndrome, Alzheimer's disease, or other mental impairment that causes wandering.
22.1The lifesaver program participant wears a small transmitter on the wrist to allow the local
22.2law enforcement agency to electronically locate the participant, if necessary, using a radio
22.3receiver. Grants may be awarded to new and existing programs. The commissioner shall
22.4administer and promote the grant program throughout the state and serve as liaison to
22.5lifesaver programs.
22.6 Subd. 2. Application; eligibility. A county law enforcement agency or two or more
22.7county, or county and city law enforcement agencies may apply to the commissioner for a
22.8grant in a form and manner established by the commissioner. The application must include:
22.9(1) an estimate of the number of people who might qualify for lifesaver assistance;
22.10(2) an estimate of the start-up cost for new programs or expansion costs for existing
22.11programs;
22.12(3) a statement of the number of personnel available for tracking lost persons;
22.13(4) a statement of available local funding sources; and
22.14(5) other information requested by the commissioner.
22.15 Subd. 3. Grant awards. To the extent funds are available, the commissioner may
22.16award, on a first-come, first-served basis, grants of up to $4,000 to eligible applicants
22.17to develop a new lifesaver program and up to $2,000 to eligible applicants to expand
22.18an existing program. Recipients developing a new lifesaver program shall be given
22.19priority over recipients expanding an existing program. Grant recipients must be located
22.20throughout the state to the extent feasible and consistent with this section.
22.21 Subd. 4. Uses of grant award. (a) A grant recipient may use an award only for
22.22the following:
22.23(1) to purchase emergency response kits, which shall include, at a minimum,
22.24equipment necessary to track and triangulate searches, transmitters, receivers, or any
22.25other related equipment; and
22.26(2) to train search personnel.
22.27(b) A grant recipient shall manage and provide for the operating costs of the lifesaver
22.28program after its initial development or expansion based on whether the grant is to
22.29develop a new program or expand an existing program.
22.30 Subd. 5. Report by local agencies. A grant recipient shall file a report with the
22.31commissioner itemizing the expenditures made to develop or expand its lifesaver program
22.32and how the recipient will provide for continued operating costs of the program.
23.3 Section 1. Minnesota Statutes 2014, section 253B.08, subdivision 2a, is amended to
23.4read:
23.5 Subd. 2a. Place of hearing. The hearing shall be conducted in a manner consistent
23.6with orderly procedure. The hearing shall be held at a courtroom meeting standards
23.7prescribed by local court rule which may be at a treatment facility. The hearing may be
23.8conducted by interactive video conference under General Rules of Practice, rule 131, and
23.9Minnesota Rules of Civil Commitment, rule 14.
23.10 Sec. 2. Minnesota Statutes 2014, section 253B.12, subdivision 2a, is amended to read:
23.11 Subd. 2a. Time and place for hearing. (a) Unless the proceedings are terminated
23.12under subdivision 1, paragraph (e), a review hearing must be held within 14 days after
23.13receipt by the committing court of the report required under subdivision 1, paragraph (c)
23.14or (d), and before the time the commitment expires. For good cause shown, the court
23.15may continue the hearing for up to an additional 14 days and extend any orders until
23.16the review hearing is held.
23.17(b) The patient, the patient's counsel, the petitioner, and other persons as the court
23.18directs must be given at least five days' notice of the time and place of the hearing.
23.19The hearing may be conducted by interactive video conference under General Rules of
23.20Practice, rule 131, and Minnesota Rules of Civil Commitment, rule 14.
23.21 Sec. 3. Minnesota Statutes 2014, section 253D.28, subdivision 2, is amended to read:
23.22 Subd. 2. Procedure. (a) The Supreme Court shall refer a petition for rehearing and
23.23reconsideration to the chief judge of the judicial appeal panel. The chief judge shall notify
23.24the committed person, the county attorneys of the county of commitment and county of
23.25financial responsibility, the commissioner, the executive director, any interested person,
23.26and other persons the chief judge designates, of the time and place of the hearing on
23.27the petition. The notice shall be given at least 14 days prior to the date of the hearing.
23.28The hearing may be conducted by interactive video conference under General Rules of
23.29Practice, rule 131, and Minnesota Rules of Civil Commitment, rule 14.
23.30 (b) Any person may oppose the petition. The committed person, the committed
23.31person's counsel, the county attorneys of the committing county and county of financial
23.32responsibility, and the commissioner shall participate as parties to the proceeding pending
23.33before the judicial appeal panel and shall, no later than 20 days before the hearing on the
24.1petition, inform the judicial appeal panel and the opposing party in writing whether they
24.2support or oppose the petition and provide a summary of facts in support of their position.
24.3(c) The judicial appeal panel may appoint examiners and may adjourn the hearing
24.4from time to time. It shall hear and receive all relevant testimony and evidence and make
24.5a record of all proceedings. The committed person, the committed person's counsel, and
24.6the county attorney of the committing county or the county of financial responsibility have
24.7the right to be present and may present and cross-examine all witnesses and offer a factual
24.8and legal basis in support of their positions.
24.9(d) The petitioning party seeking discharge or provisional discharge bears the
24.10burden of going forward with the evidence, which means presenting a prima facie case
24.11with competent evidence to show that the person is entitled to the requested relief. If
24.12the petitioning party has met this burden, the party opposing discharge or provisional
24.13discharge bears the burden of proof by clear and convincing evidence that the discharge or
24.14provisional discharge should be denied.
24.15(e) A party seeking transfer under section253D.29 must establish by a preponderance
24.16of the evidence that the transfer is appropriate.
24.17 Sec. 4. Minnesota Statutes 2014, section 486.10, subdivision 2, is amended to read:
24.18 Subd. 2. Disclosure; court reporter requirements; objections. (a) The existence
24.19of a contract or an exclusive agreement with a court reporter or court reporting firm for
24.20court reporting services must be disclosed as provided by this paragraph. Written notice of
24.21a contract or agreement must be included in the notice of taking deposition or the notice of
24.22legal proceeding before commencement of a legal proceeding at which court reporting
24.23services are being provided. Oral disclosure of a contract or agreement must be made on
24.24the record by the court reporter at the commencement of the legal proceeding.
24.25(b) A freelance court reporter or court reporting firm:
24.26(1) shall treat all parties to an action equally, providing comparable services to
24.27all parties;
24.28(2) shall charge the same rate for copies of the same transcript to all parties according
24.29to Minnesota Rules of Civil Procedure, rule 30.06;
24.30(2) (3) may not act as an advocate for any party or act partially to any party to
24.31an action; and
24.32(3) (4) shall comply with all state and federal court rules that govern the activities
24.33of court reporters.
25.1(c) An attorney shall state the reason for the objection to the provision of court
25.2reporting services by a freelance court reporter or court reporting firm and shall note
25.3the objection and the reason on the record.
25.4EFFECTIVE DATE.This section is effective August 1, 2015, and applies to legal
25.5proceedings commencing on or after that date.
25.6 Sec. 5. Minnesota Statutes 2014, section 486.10, subdivision 3, is amended to read:
25.7 Subd. 3. Remedies. Through objection by a party to the proceedings and upon
25.8the court's or presiding officer'slearning determination of a violation of subdivision 2,
25.9paragraph (a), the court or presiding officer may: (1) declare that the record for which the
25.10court reporting services were provided is void and may order that the legal proceeding be
25.11reconducted; or (2) impose sanctions against the party violating subdivision 2, paragraph
25.12(a), including civil contempt of court, costs, and reasonable attorney fees resulting from
25.13the violation. If the legal proceedings are reconducted, the parties whoviolate violated
25.14subdivision 2, paragraph (a), are jointly and severally liable for costs associated with
25.15reconducting the legal proceeding and preparing the new record. Costs include, but are not
25.16limited to, attorney, witness, and freelance court reporter appearance and transcript fees.
25.17EFFECTIVE DATE.This section is effective August 1, 2015, and applies to legal
25.18proceedings commencing on or after that date.
25.21 Section 1. Minnesota Statutes 2014, section 5B.11, is amended to read:
25.225B.11 LEGAL PROCEEDINGS; PROTECTIVE ORDER.
25.23If a program participant is involved in a legal proceeding as a party or witness, If a
25.24program participant's address is protected under section 5B.05, no person or entity shall
25.25be compelled to disclose the participant's actual address during the discovery phase of or
25.26during a proceeding before a court or other tribunal unless the court or tribunal finds that:
25.27(1) there is a reasonable belief that the address is needed to obtain information or
25.28evidence without which the investigation, prosecution, or litigation cannot proceed; and
25.29(2) there is no other practicable way of obtaining the information or evidence.
25.30The court must provide the program participant with notice that address disclosure
25.31is sought and an opportunity to present evidence regarding the potential harm to the
25.32safety of the program participant if the address is disclosed. In determining whether to
25.33compel disclosure, the court must consider whether the potential harm to the safety of the
26.1participant is outweighed by the interest in disclosure. In a criminal proceeding, the court
26.2must order disclosure of a program participant's address if protecting the address would
26.3violate a defendant's constitutional right to confront a witness.
26.4Disclosure of a participant's actual address under this section shall be limited under
26.5the terms of the order to ensure that the disclosure and dissemination of the actual address
26.6will be no wider than necessary for the purposes of the investigation, prosecution, or
26.7litigation.
26.8Nothing in this section prevents the court or other tribunalmay issue from issuing a
26.9protective order to prevent disclosure of information other than the participant's actual
26.10address that could reasonably lead to the discovery of the program participant's location.
26.11 Sec. 2. Minnesota Statutes 2014, section 13.03, subdivision 6, is amended to read:
26.12 Subd. 6. Discoverability of not public data. If a government entity opposes
26.13discovery of government data or release of data pursuant to court order on the grounds
26.14that the data are classified as not public, the party that seeks access to the data may bring
26.15before the appropriate presiding judicial officer, arbitrator, or administrative law judge an
26.16action to compel discovery or an action in the nature of an action to compel discovery.
26.17The presiding officer shall first decide whether the data are discoverable or releasable
26.18pursuant to the rules of evidence and of criminal, civil, or administrative procedure
26.19appropriate to the action.
26.20If the data are discoverable the presiding officer shall decide whether the benefit to
26.21the party seeking access to the data outweighs any harm to the confidentiality interests
26.22of the entity maintaining the data, or of any person who has provided the data or who
26.23is the subject of the data, or to the privacy interest of an individual identified in the
26.24data. In making the decision, the presiding officer shall consider whether notice to the
26.25subject of the data is warranted and, if warranted, what type of notice must be given. The
26.26presiding officer may fashion and issue any protective orders necessary to assure proper
26.27handling of the data by the parties. If the data are a videotape of a child victim or alleged
26.28victim alleging, explaining, denying, or describing an act of physical or sexual abuse,
26.29the presiding officer shall consider the provisions of section611A.90, subdivision 2 ,
26.30paragraph (b). If the data are data subject to the protections under chapter 5B or section
26.3113.045, the presiding officer shall consider the provisions of section 5B.11.
26.32 Sec. 3. Minnesota Statutes 2014, section 97A.421, is amended by adding a subdivision
26.33to read:
27.1 Subd. 3a. License revocation after conviction; firearm suppressor. (a) A person
27.2who is convicted of a violation under paragraph (b) and possessed a firearm with a
27.3suppressor may not obtain a hunting license or hunt wild animals for five years from the
27.4date of conviction.
27.5(b) The revocation under this subdivision applies to convictions of:
27.6(1) trespass as provided in section 97A.315, subdivision 1, paragraph (b);
27.7(2) hunting game in closed season;
27.8(3) hunting game more than one-half hour before legal shooting hours or more than
27.9one-half hour after legal shooting hours; or
27.10(4) using artificial lights to spot, locate, or take wild animals while in possession of
27.11a firearm.
27.12EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
27.13committed on or after that date.
27.14 Sec. 4. Minnesota Statutes 2014, section 168A.1501, subdivision 1, is amended to read:
27.15 Subdivision 1. Definitions. (a) For purposes of this section, the terms defined in
27.16this subdivision have the meanings given.
27.17(b) "Law enforcement agency" or "agency" means a duly authorized municipal,
27.18county, state, or federal law enforcement agency.
27.19(c) "Person" means an individual, partnership, limited partnership, limited liability
27.20company, corporation, or other entity.
27.21(d) "Scrap vehicle" means a motor vehicle purchased primarily as scrap, for its reuse
27.22or recycling value as raw metal, or for dismantling for parts.
27.23(e) "Scrap vehicle operator" or "operator" means the following persons who engage
27.24in a transaction involving the purchase or acquisition of a scrap vehicle: scrap metal
27.25processors licensed under section168.27, subdivision 1a , paragraph (c); used vehicle parts
27.26dealers licensed under section168.27, subdivision 1a , paragraph (d); scrap metal dealers
27.27under section325E.21 ; and junk yards under section
471.925 .
27.28(f)"Interchange file specification format" means the most recent version of the
27.29Minneapolis automated property system interchange file specification format.
27.30(g) "Motor vehicle" has the meaning given in section
169.011, subdivision 42 .
27.31(h) (g) "Proof of identification" means a driver's license, Minnesota identification
27.32card number, or other identification document issued for identification purposes by any
27.33state, federal, or foreign government if the document includes the person's photograph,
27.34full name, birth date, and signature.
27.35(i) (h) "Seller" means any seller, prospective seller, or agent of the seller.
28.1EFFECTIVE DATE.This section is effective the day following final enactment.
28.2 Sec. 5. Minnesota Statutes 2014, section 168A.1501, subdivision 6, is amended to read:
28.3 Subd. 6. Additional reporting.In addition to the requirements under subdivision
28.45 if applicable, The following entities must submit information on the purchase or
28.5acquisition of a scrap vehicle to the National Motor Vehicle Title Information System,
28.6established pursuant to United States Code, title 49, section 30502, by the close of
28.7business the following day:
28.8(1) an operator who is not licensed under section168.27 ; and
28.9(2) an operator who purchases a scrap vehicle under subdivision 9.
28.10EFFECTIVE DATE.This section is effective the day following final enactment.
28.11 Sec. 6. Minnesota Statutes 2014, section 169.98, is amended by adding a subdivision
28.12to read:
28.13 Subd. 3a. Bondsman or bail enforcement agent vehicle. All motor vehicles
28.14that are used by a bondsman or bail enforcement agent as defined in section 626.88,
28.15subdivision 1, paragraph (d), may have any color other than those specified in subdivision
28.161 for law enforcement vehicles. A bondsman or bail enforcement agent may not display
28.17markings on the vehicle in the form of a police shield, star, or any similar emblem that is
28.18typically associated with a marked law enforcement vehicle.
28.19 Sec. 7. Minnesota Statutes 2014, section 299A.73, subdivision 2, is amended to read:
28.20 Subd. 2. Applications. Applications for a grant-in-aid shall be made by the
28.21administering agency to the commissioner.
28.22The grant-in-aid is contingent upon the agency having obtained from the community
28.23in which the youth intervention program is established local matching moneytwo times
28.24equal to the amount of the grant that is sought. The matching requirement is intended to
28.25leverage the investment of state and community dollars in supporting the efforts of the
28.26grantees to provide early intervention services to youth and their families.
28.27The commissioner shall provide the application form, procedures for making
28.28application form, criteria for review of the application, and kinds of contributions in
28.29addition to cash that qualify as local matching money. No grant to any agency may
28.30exceed$50,000 $75,000.
28.31 Sec. 8. Minnesota Statutes 2014, section 299C.35, is amended to read:
29.1299C.35 BUREAU TO BROADCAST CRIMINAL INFORMATION.
29.2It shall be the duty of the bureau to broadcast all police dispatches and reports
29.3submitted which, in the opinion of the superintendent, shall have a reasonable relation
29.4to or connection with the apprehension of criminals, the prevention of crime, and the
29.5maintenance of peace and order throughout the state. Every sheriff, peace officer, or
29.6other personemploying a radio receiving set under the provisions of sections
299C.30
29.7to
299C.38report reports to the bureau at such times and containing such
29.8information as the superintendent shall direct.
29.9 Sec. 9. Minnesota Statutes 2014, section 299C.38, is amended to read:
29.10299C.38 PRIORITY OF POLICE COMMUNICATIONS; MISDEMEANOR.
29.11Any telegraph or telephone operator who shall fail to give priority to police
29.12messages or calls as provided in sections
299C.30 to
299C.38, and Any person who
29.13willfully makes any false, misleading, or unfounded report to anybroadcasting station
29.14established thereunder public safety answering point for the purpose of interfering with
29.15the operation thereof, or with the intention of misleading any officer of this state, shall be
29.16guilty of a misdemeanor.
29.17 Sec. 10. Minnesota Statutes 2014, section 299C.46, subdivision 2, is amended to read:
29.18 Subd. 2. Criminal justice agency defined. For the purposes of sections299C.46
29.19 to
299C.49
29.20political subdivision or the federal government charged with detection, enforcement,
29.21prosecution, adjudication or incarceration in respect to the criminal or traffic laws of this
29.22state. This definition also includes all sites identified and licensed as a detention facility
29.23by the commissioner of corrections under section241.021 and those federal agencies that
29.24serve part or all of the state from an office located outside the state.
29.25 Sec. 11. Minnesota Statutes 2014, section 299C.46, subdivision 2a, is amended to read:
29.26 Subd. 2a. Noncriminal justice agency defined. For the purposes of sections
29.27299C.46
to
299C.49
29.28state or a political subdivision of the state charged with the responsibility of performing
29.29checks of state databases connected to the criminal justice data communications network.
29.30 Sec. 12. Minnesota Statutes 2014, section 325E.21, subdivision 1, is amended to read:
29.31 Subdivision 1. Definitions. (a) For purposes of this section, the terms defined in
29.32this subdivision have the meanings given.
30.1 (b) "Law enforcement agency" or "agency" means a duly authorized municipal,
30.2county, state, or federal law enforcement agency.
30.3 (c) "Person" means an individual, partnership, limited partnership, limited liability
30.4company, corporation, or other entity.
30.5 (d) "Scrap metal" means:
30.6 (1) wire and cable commonly and customarily used by communication and electric
30.7utilities; and
30.8 (2) copper, aluminum, or any other metal purchased primarily for its reuse or
30.9recycling value as raw metal, including metal that is combined with other materials at the
30.10time of purchase, but does not include a scrap vehicle as defined in section168A.1501 ,
30.11subdivision 1.
30.12 (e) "Scrap metal dealer" or "dealer" means a person engaged in the business of
30.13buying or selling scrap metal, or both.
30.14The terms do not include a person engaged exclusively in the business of buying or selling
30.15new or used motor vehicles, paper or wood products, rags or furniture, or secondhand
30.16machinery.
30.17(f)"Interchange file specification format" means the most recent version of the
30.18Minneapolis automated property system interchange file specification format.
30.19(g) "Seller" means any seller, prospective seller, or agent of the seller.
30.20(h) (g) "Proof of identification" means a driver's license, Minnesota identification
30.21card number, or other identification document issued for identification purposes by any
30.22state, federal, or foreign government if the document includes the person's photograph,
30.23full name, birth date, and signature.
30.24EFFECTIVE DATE.This section is effective the day following final enactment.
30.25 Sec. 13. Minnesota Statutes 2014, section 325E.21, subdivision 2, is amended to read:
30.26 Subd. 2. Retention required. Records required to be maintained by subdivision 1a
30.27or 1b shall be retained by the scrap metal dealer for a period of three years.
30.28EFFECTIVE DATE.This section is effective the day following final enactment.
30.29 Sec. 14. Minnesota Statutes 2014, section 325E.21, subdivision 4, is amended to read:
30.30 Subd. 4. Registration required. (a) Every scrap metal dealer shall register annually
30.31with the commissioner.
30.32 (b) The scrap metal dealer shall pay to the commissioner of public safety a $50
30.33annual fee.
31.1(c) This subdivision expires February 15, 2016.
31.2EFFECTIVE DATE.This section is effective the day following final enactment.
31.3 Sec. 15. Minnesota Statutes 2014, section 352B.011, subdivision 10, is amended to read:
31.4 Subd. 10. Member. "Member" means:
31.5(1) a State Patrol member currently employed under section299D.03 by the state,
31.6who is a peace officer under section626.84 , and whose salary or compensation is paid
31.7out of state funds;
31.8(2) a conservation officer employed under section97A.201 , currently employed by
31.9the state, whose salary or compensation is paid out of state funds;
31.10(3) a crime bureau officer who was employed by the crime bureau and was a member
31.11of the Highway Patrolmen's retirement fund on July 1, 1978, whether or not that person
31.12has the power of arrest by warrant after that date, or who is employed as police personnel,
31.13with powers of arrest by warrant under Minnesota Statutes 2009, section299C.04 , and
31.14who is currently employed by the state, and whose salary or compensation is paid out
31.15of state funds;
31.16(4) a person who is employed by the state in the Department of Public Safety in a
31.17data processing management position with salary or compensation paid from state funds,
31.18who was a crime bureau officer covered by the State Patrol retirement plan on August
31.1915, 1987, and who was initially hired in the data processing management position within
31.20the department during September 1987, or January 1988, with membership continuing
31.21for the duration of the person's employment in that position, whether or not the person
31.22has the power of arrest by warrant after August 15, 1987;
31.23(5) a public safety employee who is a peace officer under section626.84, subdivision
31.241 , paragraph (c), and who is employed by the Division of Alcohol and Gambling
31.25Enforcement under section299L.01 ;
31.26(6) a Fugitive Apprehension Unit officer after October 31, 2000, who is employed
31.27by the Office of Special Investigations of the Department of Corrections and who is a
31.28peace officer under section626.84 ;
31.29(7) an employee of the Department of Commerce defined as a peace officer in section
31.30626.84, subdivision 1
, paragraph (c), who is employed by the Commerce Fraud Bureau
31.31under section45.0135 after January 1, 2005, and who has not attained the mandatory
31.32retirement age specified in section43A.34, subdivision 4 ; and
31.33(8) an employee of the Department of Public Safety, who is a licensed peace officer
31.34under section626.84, subdivision 1 , paragraph (c), and is employed as the statewide
31.35coordinator of the Violent Crime Coordinating Council.
32.1 Sec. 16. Minnesota Statutes 2014, section 609.02, is amended by adding a subdivision
32.2to read:
32.3 Subd. 17. Ammunition. "Ammunition" means ammunition or cartridge cases,
32.4primers, bullets, or propellent powder designed for use in any firearm. Ammunition
32.5does not include ornaments, curiosities, or souvenirs constructed from or resembling
32.6ammunition or ammunition components that are not operable as ammunition.
32.7EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
32.8committed on or after that date.
32.9 Sec. 17. Minnesota Statutes 2014, section 609.11, subdivision 9, is amended to read:
32.10 Subd. 9. Applicable offenses. The crimes for which mandatory minimum
32.11sentences shall be served as provided in this section are: murder in the first, second,
32.12or third degree; assault in the first, second, or third degree; burglary; kidnapping; false
32.13imprisonment; manslaughter in the first or second degree; aggravated robbery; simple
32.14robbery; first-degree or aggravated first-degree witness tampering; criminal sexual
32.15conduct under the circumstances described in sections609.342, subdivision 1 , clauses
32.16(a) to (f);609.343, subdivision 1 , clauses (a) to (f); and
609.344, subdivision 1 , clauses
32.17(a) to (e) and (h) to (j); escape from custody; arson in the first, second, or third degree;
32.18drive-by shooting under section609.66, subdivision 1e ; stalking under section
609.749,
32.19subdivision 3 , clause (3); possession or other unlawful use of a firearm or ammunition
32.20in violation of section609.165, subdivision 1b , or
624.713, subdivision 1 , clause (2), a
32.21felony violation of chapter 152; or any attempt to commit any of these offenses.
32.22EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
32.23committed on or after that date.
32.24 Sec. 18. Minnesota Statutes 2014, section 609.165, is amended to read:
32.25609.165 RESTORATION OF CIVIL RIGHTS; POSSESSION OF FIREARMS
32.26AND AMMUNITION.
32.27 Subdivision 1. Restoration. When a person has been deprived of civil rights by
32.28reason of conviction of a crime and is thereafter discharged, such discharge shall restore the
32.29person to all civil rights and to full citizenship, with full right to vote and hold office, the
32.30same as if such conviction had not taken place, and the order of discharge shall so provide.
32.31 Subd. 1a. Certain convicted felons ineligible to possess firearms or ammunition.
32.32The order of discharge must provide that a person who has been convicted of a crime of
32.33violence, as defined in section624.712, subdivision 5 , is not entitled to ship, transport,
33.1possess, or receive a firearm or ammunition for the remainder of the person's lifetime.
33.2Any person who has received such a discharge and who thereafter has received a relief
33.3of disability under United States Code, title 18, section 925, or whose ability to possess
33.4firearms and ammunition has been restored under subdivision 1d, shall not be subject to
33.5the restrictions of this subdivision.
33.6 Subd. 1b. Violation and penalty. (a) Any person who has been convicted of a
33.7crime of violence, as defined in section624.712, subdivision 5 , and who ships, transports,
33.8possesses, or receives a firearm or ammunition, commits a felony and may be sentenced
33.9to imprisonment for not more than 15 years or to payment of a fine of not more than
33.10$30,000, or both.
33.11(b) A conviction and sentencing under this section shall be construed to bar a
33.12conviction and sentencing for a violation of section624.713, subdivision 2 .
33.13(c) The criminal penalty in paragraph (a) does not apply to any person who has
33.14received a relief of disability under United States Code, title 18, section 925, or whose
33.15ability to possess firearms and ammunition has been restored under subdivision 1d.
33.16 Subd. 1d. Judicial restoration of ability to possessfirearm firearms and
33.17ammunition by felon. A person prohibited by state law from shipping, transporting,
33.18possessing, or receiving a firearm or ammunition because of a conviction or a delinquency
33.19adjudication for committing a crime of violence may petition a court to restore the
33.20person's ability to possess, receive, ship, or transport firearms and otherwise deal with
33.21firearms and ammunition.
33.22The court may grant the relief sought if the person shows good cause to do so and
33.23the person has been released from physical confinement.
33.24If a petition is denied, the person may not file another petition until three years have
33.25elapsed without the permission of the court.
33.26 Subd. 2. Discharge. The discharge may be:
33.27(1) by order of the court following stay of sentence or stay of execution of sentence; or
33.28(2) upon expiration of sentence.
33.29 Subd. 3. Applicability. This section does not apply to a forfeiture of and
33.30disqualification for public office as provided in section609.42, subdivision 2 .
33.31EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
33.32committed on or after that date.
33.33 Sec. 19. Minnesota Statutes 2014, section 609.66, subdivision 1a, is amended to read:
34.1 Subd. 1a. Felony crimes;silencers prohibited suppressors; reckless discharge.
34.2(a)Except as otherwise provided in subdivision 1h, Whoever does any of the following is
34.3guilty of a felony and may be sentenced as provided in paragraph (b):
34.4(1) sells or has in possessionany device designed to silence or muffle the discharge
34.5of a firearm a suppressor that is not lawfully possessed under federal law;
34.6(2) intentionally discharges a firearm under circumstances that endanger the safety
34.7of another; or
34.8(3) recklessly discharges a firearm within a municipality.
34.9(b) A person convicted under paragraph (a) may be sentenced as follows:
34.10(1) if the act was a violation of paragraph (a), clause (2), or if the act was a violation
34.11of paragraph (a), clause (1) or (3), and was committed in a public housing zone, as defined
34.12in section152.01, subdivision 19 , a school zone, as defined in section
152.01, subdivision
34.1314a , or a park zone, as defined in section
152.01, subdivision 12a , to imprisonment for not
34.14more than five years or to payment of a fine of not more than $10,000, or both; or
34.15(2) otherwise, to imprisonment for not more than two years or to payment of a fine
34.16of not more than $5,000, or both.
34.17(c) As used in this subdivision, "suppressor" means any device for silencing, muffling,
34.18or diminishing the report of a portable firearm, including any combination of parts,
34.19designed or redesigned, and intended for use in assembling or fabricating a firearm silencer
34.20or firearm muffler, and any part intended only for use in such assembly or fabrication.
34.21 Sec. 20. Minnesota Statutes 2014, section 609.66, subdivision 1g, is amended to read:
34.22 Subd. 1g. Felony; possession in courthouse or certain state buildings. (a)
34.23A person who commits either of the following acts is guilty of a felony and may be
34.24sentenced to imprisonment for not more than five years or to payment of a fine of not
34.25more than $10,000, or both:
34.26(1) possesses a dangerous weapon, ammunition, or explosives within any courthouse
34.27complex; or
34.28(2) possesses a dangerous weapon, ammunition, or explosives in any state building
34.29within the Capitol Area described in chapter 15B, other than the National Guard Armory.
34.30(b) Unless a person is otherwise prohibited or restricted by other law to possess a
34.31dangerous weapon, this subdivision does not apply to:
34.32(1) licensed peace officers or military personnel who are performing official duties;
34.33(2) persons who carry pistols according to the terms of a permit issued under section
34.34624.714
and who so notify the sheriff or the commissioner of public safety, as appropriate;
35.1(3) persons who possess dangerous weapons for the purpose of display as
35.2demonstrative evidence during testimony at a trial or hearing or exhibition in compliance
35.3with advance notice and safety guidelines set by the sheriff or the commissioner of public
35.4safety; or
35.5(4) persons who possess dangerous weapons in a courthouse complex with the
35.6express consent of the county sheriff or who possess dangerous weapons in a state building
35.7with the express consent of the commissioner of public safety.
35.8(c) For purposes of this subdivision, the issuance of a permit to carry under section
35.9624.714 constitutes notification of the commissioner of public safety as required under
35.10paragraph (b), clause (2).
35.11 Sec. 21. Minnesota Statutes 2014, section 611A.31, subdivision 1, is amended to read:
35.12 Subdivision 1. Scope. For the purposes of sections611A.31 to
611A.36
35.13the following terms have the meanings given.
35.14 Sec. 22. Minnesota Statutes 2014, section 611A.33, is amended to read:
35.15611A.33 DUTIES OF COMMISSIONER.
35.16The commissioner shall:
35.17(1) review applications for and award grants to a program pursuant to section
35.18611A.32, subdivision 1
;
35.19(2) appoint a program director to perform the duties set forth in section611A.35 ;
35.20(3) design and implement a uniform method of collecting data on domestic abuse
35.21victims to be used to evaluate the programs funded under section611A.32 ;
35.22(4) provide technical aid to applicants in the development of grant requests and
35.23provide technical aid to programs in meeting the data collection requirements established
35.24by the commissioner; and
35.25(5) adopt, under chapter 14, all rules necessary to implement the provisions of
35.26sections611A.31 to
611A.36
35.27 Sec. 23. Minnesota Statutes 2014, section 611A.35, is amended to read:
35.28611A.35 DOMESTIC ABUSE PROGRAM DIRECTOR.
35.29The commissioner shall appoint a program director. The program director shall
35.30administer the funds appropriated for sections611A.31 to
611A.36
35.31other duties related to battered women's and domestic abuse programs as the commissioner
35.32may assign. The program director shall serve at the pleasure of the commissioner in
35.33the unclassified service.
36.1 Sec. 24. Minnesota Statutes 2014, section 624.71, is amended to read:
36.2624.71 GUN CONTROL; APPLICATION OF FEDERAL LAW.
36.3 Subdivision 1. Application. Notwithstanding any other law to the contrary, it shall
36.4be lawful for any federally licensed importer, manufacturer, dealer, or collector to sell and
36.5deliver firearms and ammunition to a resident ofa contiguous any state in any instance
36.6where such sale and delivery is lawful under the federal Gun Control Act of 1968 (Public
36.7Law 90-618).
36.8 Subd. 2. Contiguous state purchases. Notwithstanding any other law to
36.9the contrary, it shall be lawful for a resident of Minnesota to purchase firearms and
36.10ammunition ina contiguous any state in any instance where such sale and delivery is
36.11lawful under the federal Gun Control Act of 1968 (Public Law 90-618).
36.12 Sec. 25. Minnesota Statutes 2015, section 624.712, is amended by adding a subdivision
36.13to read:
36.14 Subd. 12. Ammunition. "Ammunition" has the meaning given in section 609.02,
36.15subdivision 17.
36.16EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
36.17committed on or after that date.
36.18 Sec. 26. Minnesota Statutes 2014, section 624.713, subdivision 1, is amended to read:
36.19 Subdivision 1. Ineligible persons. The following persons shall not be entitled to
36.20possess ammunition or a pistol or semiautomatic military-style assault weapon or, except
36.21for clause (1), any other firearm:
36.22(1) a person under the age of 18 years except that a person under 18 may possess
36.23ammunition designed for use in a firearm that the person may lawfully possess and may
36.24carry or possess a pistol or semiautomatic military-style assault weapon (i) in the actual
36.25presence or under the direct supervision of the person's parent or guardian, (ii) for the
36.26purpose of military drill under the auspices of a legally recognized military organization
36.27and under competent supervision, (iii) for the purpose of instruction, competition, or target
36.28practice on a firing range approved by the chief of police or county sheriff in whose
36.29jurisdiction the range is located and under direct supervision; or (iv) if the person has
36.30successfully completed a course designed to teach marksmanship and safety with a pistol
36.31or semiautomatic military-style assault weapon and approved by the commissioner of
36.32natural resources;
37.1(2) except as otherwise provided in clause (9), a person who has been convicted of,
37.2or adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing,
37.3in this state or elsewhere, a crime of violence. For purposes of this section, crime of
37.4violence includes crimes in other states or jurisdictions which would have been crimes of
37.5violence as herein defined if they had been committed in this state;
37.6(3) a person who is or has ever been committed in Minnesota or elsewhere by
37.7a judicial determination that the person is mentally ill, developmentally disabled, or
37.8mentally ill and dangerous to the public, as defined in section253B.02 , to a treatment
37.9facility, or who has ever been found incompetent to stand trial or not guilty by reason of
37.10mental illness, unless the person's ability to possess a firearm and ammunition has been
37.11restored under subdivision 4;
37.12(4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or
37.13gross misdemeanor violation of chapter 152, unless three years have elapsed since the
37.14date of conviction and, during that time, the person has not been convicted of any other
37.15such violation of chapter 152 or a similar law of another state; or a person who is or has
37.16ever been committed by a judicial determination for treatment for the habitual use of a
37.17controlled substance or marijuana, as defined in sections152.01 and
152.02 , unless the
37.18person's ability to possess a firearm and ammunition has been restored under subdivision 4;
37.19(5) a person who has been committed to a treatment facility in Minnesota or
37.20elsewhere by a judicial determination that the person is chemically dependent as defined
37.21in section253B.02 , unless the person has completed treatment or the person's ability to
37.22possess a firearm and ammunition has been restored under subdivision 4. Property rights
37.23may not be abated but access may be restricted by the courts;
37.24(6) a peace officer who is informally admitted to a treatment facility pursuant to
37.25section253B.04 for chemical dependency, unless the officer possesses a certificate from
37.26the head of the treatment facility discharging or provisionally discharging the officer from
37.27the treatment facility. Property rights may not be abated but access may be restricted
37.28by the courts;
37.29(7) a person, including a person under the jurisdiction of the juvenile court, who
37.30has been charged with committing a crime of violence and has been placed in a pretrial
37.31diversion program by the court before disposition, until the person has completed the
37.32diversion program and the charge of committing the crime of violence has been dismissed;
37.33(8) except as otherwise provided in clause (9), a person who has been convicted in
37.34another state of committing an offense similar to the offense described in section609.224,
37.35subdivision 3 , against a family or household member or section
609.2242, subdivision
37.363 , unless three years have elapsed since the date of conviction and, during that time,
the
38.1person has not been convicted of any other violation of section609.224, subdivision 3 , or
38.2609.2242, subdivision 3
, or a similar law of another state;
38.3(9) a person who has been convicted in this state or elsewhere of assaulting a family
38.4or household member and who was found by the court to have used a firearm in any way
38.5during commission of the assault is prohibited from possessing any type of firearm or
38.6ammunition for the period determined by the sentencing court;
38.7(10) a person who:
38.8(i) has been convicted in any court of a crime punishable by imprisonment for a
38.9term exceeding one year;
38.10(ii) is a fugitive from justice as a result of having fled from any state to avoid
38.11prosecution for a crime or to avoid giving testimony in any criminal proceeding;
38.12(iii) is an unlawful user of any controlled substance as defined in chapter 152;
38.13(iv) has been judicially committed to a treatment facility in Minnesota or elsewhere
38.14as a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to
38.15the public, as defined in section253B.02 ;
38.16(v) is an alien who is illegally or unlawfully in the United States;
38.17(vi) has been discharged from the armed forces of the United States under
38.18dishonorable conditions;
38.19(vii) has renounced the person's citizenship having been a citizen of the United
38.20States; or
38.21(viii) is disqualified from possessing a firearm under United States Code, title 18,
38.22section 922(g)(8) or (9), as amended through March 1, 2014;
38.23(11) a person who has been convicted of the following offenses at the gross
38.24misdemeanor level, unless three years have elapsed since the date of conviction and, during
38.25that time, the person has not been convicted of any other violation of these sections: section
38.26609.229
(crimes committed for the benefit of a gang);
609.2231, subdivision 4 (assaults
38.27motivated by bias);609.255 (false imprisonment);
609.378 (neglect or endangerment of a
38.28child);609.582, subdivision 4 (burglary in the fourth degree);
609.665 (setting a spring
38.29gun);609.71 (riot); or
609.749 (stalking). For purposes of this paragraph, the specified
38.30gross misdemeanor convictions include crimes committed in other states or jurisdictions
38.31which would have been gross misdemeanors if conviction occurred in this state;
38.32(12) a person who has been convicted of a violation of section609.224 if the court
38.33determined that the assault was against a family or household member in accordance with
38.34section 609.2242, subdivision 8 (domestic assault), unless three years have elapsed since
38.35the date of conviction and, during that time, the person has not been convicted of another
38.36violation of section609.224 or a violation of a section listed in clause (11); or
39.1(13) a person who is subject to an order for protection as described in section
39.2260C.201, subdivision 3
, paragraph (d), or
518B.01, subdivision 6 , paragraph (g).
39.3A person who issues a certificate pursuant to this section in good faith is not
39.4liable for damages resulting or arising from the actions or misconduct with a firearm or
39.5ammunition committed by the individual who is the subject of the certificate.
39.6The prohibition in this subdivision relating to the possession of firearms other than
39.7pistols and semiautomatic military-style assault weapons does not apply retroactively
39.8to persons who are prohibited from possessing a pistol or semiautomatic military-style
39.9assault weapon under this subdivision before August 1, 1994.
39.10The lifetime prohibition on possessing, receiving, shipping, or transporting firearms
39.11and ammunition for persons convicted or adjudicated delinquent of a crime of violence
39.12in clause (2), applies only to offenders who are discharged from sentence or court
39.13supervision for a crime of violence on or after August 1, 1993.
39.14For purposes of this section, "judicial determination" means a court proceeding
39.15pursuant to sections253B.07 to
253B.09 or a comparable law from another state.
39.16EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
39.17committed on or after that date.
39.18 Sec. 27. Minnesota Statutes 2014, section 624.713, subdivision 1a, is amended to read:
39.19 Subd. 1a. Ineligible to receive, ship, transport. A person presently charged with a
39.20crime punishable by imprisonment for a term exceeding one year shall not be entitled to
39.21receive, ship, or transport any pistol or semiautomatic military-style assault weapon or
39.22ammunition designed for use in a pistol or semiautomatic military-style assault weapon. A
39.23violation of this subdivision is a gross misdemeanor.
39.24EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
39.25committed on or after that date.
39.26 Sec. 28. Minnesota Statutes 2014, section 624.713, subdivision 2, is amended to read:
39.27 Subd. 2. Penalties. (a) A person named in subdivision 1, clause (1), who possesses
39.28ammunition or a pistol or semiautomatic military-style assault weapon in violation of that
39.29clause is guilty of a felony and may be sentenced to imprisonment for not more than five
39.30years or to payment of a fine of not more than $10,000, or both.
39.31(b) A person named in subdivision 1, clause (2), who possesses any type of firearm
39.32or ammunition is guilty of a felony and may be sentenced to imprisonment for not more
39.33than 15 years or to payment of a fine of not more than $30,000, or both. This paragraph
40.1does not apply to any person who has received a relief of disability under United States
40.2Code, title 18, section 925, or whose ability to possess firearms and ammunition has been
40.3restored under section609.165, subdivision 1d .
40.4(c) A person named in any other clause of subdivision 1 who possesses any type of
40.5firearm or ammunition is guilty of a gross misdemeanor.
40.6EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
40.7committed on or after that date.
40.8 Sec. 29. Minnesota Statutes 2014, section 624.713, subdivision 3, is amended to read:
40.9 Subd. 3. Notice. (a) When a person is convicted of, or adjudicated delinquent or
40.10convicted as an extended jurisdiction juvenile for committing, a crime of violence as defined
40.11in section624.712, subdivision 5 , the court shall inform the defendant that the defendant is
40.12prohibited from possessing ammunition or a pistol or semiautomatic military-style assault
40.13weapon for the remainder of the person's lifetime, and that it is a felony offense to violate
40.14this prohibition. The failure of the court to provide this information to a defendant does
40.15not affect the applicability of the ammunition or pistol or semiautomatic military-style
40.16assault weapon possession prohibition or the felony penalty to that defendant.
40.17(b) When a person, including a person under the jurisdiction of the juvenile court, is
40.18charged with committing a crime of violence and is placed in a pretrial diversion program
40.19by the court before disposition, the court shall inform the defendant that: (1) the defendant
40.20is prohibited from possessing a pistol or semiautomatic military-style assault weapon or
40.21ammunition designed for use in a pistol or semiautomatic military-style assault weapon
40.22until the person has completed the diversion program and the charge of committing a
40.23crime of violence has been dismissed; (2) it is a gross misdemeanor offense to violate this
40.24prohibition; and (3) if the defendant violates this condition of participation in the diversion
40.25program, the charge of committing a crime of violence may be prosecuted. The failure
40.26of the court to provide this information to a defendant does not affect the applicability
40.27of the ammunition or pistol or semiautomatic military-style assault weapon possession
40.28prohibition or the gross misdemeanor penalty to that defendant.
40.29(c) A court shall notify a person subject to subdivision 1, clause (3), of the
40.30prohibitions described in that clause and those described in United States Code, title 18,
40.31sections 922(d)(4) and 922(g)(4).
40.32EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
40.33committed on or after that date.
41.1 Sec. 30. Minnesota Statutes 2014, section 624.713, subdivision 4, is amended to read:
41.2 Subd. 4. Restoration of firearms and ammunition eligibility to civilly committed
41.3person; petition authorized. (a) A person who is prohibited from possessing a firearm
41.4or ammunition under subdivision 1, due to commitment resulting from a judicial
41.5determination that the person is mentally ill, developmentally disabled, mentally ill and
41.6dangerous, or chemically dependent, may petition a court to restore the person's ability to
41.7possess a firearm or ammunition.
41.8(b) The court may grant the relief sought in paragraph (a) in accordance with
41.9the principles of due process if the circumstances regarding the person's disqualifying
41.10condition and the person's record and reputation are determined to be such that:
41.11(1) the person is not likely to act in a manner that is dangerous to public safety; and
41.12(2) the granting of relief would not be contrary to the public interest.
41.13(c) When determining whether a person has met the requirement of paragraph (b),
41.14clause (1), the court may consider evidence from a licensed medical doctor or clinical
41.15psychologist that the person is no longer suffering from the disease or condition that
41.16caused the disability or that the disease or condition has been successfully treated for a
41.17period of three consecutive years.
41.18(d) Review on appeal shall be de novo.
41.19EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
41.20committed on or after that date.
41.21 Sec. 31. [624.7133] PURCHASING FIREARM ON BEHALF OF INELIGIBLE
41.22PERSON.
41.23Any person who purchases or otherwise obtains a firearm on behalf of or for transfer
41.24to a person known to be ineligible to possess or purchase a firearm pursuant to federal or
41.25state law is guilty of a gross misdemeanor.
41.26EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
41.27committed on or after that date.
41.28 Sec. 32. Minnesota Statutes 2014, section 624.714, subdivision 16, is amended to read:
41.29 Subd. 16. Recognition of permits from other states. (a) The commissioner must
41.30annually establish and publish a list of other states that have laws governing the issuance
41.31of permits to carry weapons that are notsubstantially similar to this section. The list
41.32must be available on the Internet. A person holding a carry permit from a state not on
42.1the list may use the license or permit in this state subject to the rights, privileges, and
42.2requirements of this section.
42.3(b) Notwithstanding paragraph (a), no license or permit from another state is valid in
42.4this state if the holder is or becomes prohibited by law from possessing a firearm.
42.5(c) Any sheriff or police chief may file a petition under subdivision 12 seeking an
42.6order suspending or revoking an out-of-state permit holder's authority to carry a pistol in
42.7this state on the grounds set forth in subdivision 6, paragraph (a), clause (3). An order shall
42.8only be issued if the petitioner meets the burden of proof and criteria set forth in subdivision
42.912. If the court denies the petition, the court must award the permit holder reasonable
42.10costs and expenses including attorney fees. The petition may be filed in any county in the
42.11state where a person holding a license or permit from another state can be found.
42.12(d) The commissioner must, when necessary, execute reciprocity agreements
42.13regarding carry permits with jurisdictions whose carry permits are recognized under
42.14paragraph (a).
42.15 Sec. 33. Minnesota Statutes 2014, section 624.715, is amended to read:
42.16624.715 EXEMPTIONS; ANTIQUES AND ORNAMENTS.
42.17Sections624.713 and
624.714 shall not apply to antique firearms which are carried
42.18or possessed as curiosities or for their historical significance or value, or to ammunition or
42.19primers, projectiles, or propellent powder designed solely for use in an antique firearm.
42.20EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
42.21committed on or after that date.
42.22 Sec. 34. [624.7192] AUTHORITY TO SEIZE AND CONFISCATE FIREARMS.
42.23 (a) This section applies only during the effective period of a state of emergency
42.24proclaimed by the governor relating to a public disorder or disaster.
42.25(b) A peace officer who is acting in the lawful discharge of the officer's official duties
42.26without a warrant may disarm a lawfully detained individual only temporarily and only if
42.27the officer reasonably believes it is immediately necessary for the protection of the officer
42.28or another individual. Before releasing the individual, the peace officer must return to the
42.29individual any seized firearms and ammunition, and components thereof, any firearms
42.30accessories and ammunition reloading equipment and supplies, and any other personal
42.31weapons taken from the individual, unless the officer: (1) takes the individual into
42.32physical custody for engaging in criminal activity or for observation pursuant to section
43.1253B.05, subdivision 2; or (2) seizes the items as evidence pursuant to an investigation for
43.2the commission of the crime for which the individual was arrested.
43.3(c) Notwithstanding any other law to the contrary, no governmental unit, government
43.4official, government employee, peace officer, or other person or body acting under
43.5governmental authority or color of law may undertake any of the following actions with
43.6regard to any firearms and ammunition, and components thereof; any firearms accessories
43.7and ammunition reloading equipment and supplies; and any other personal weapons:
43.8(1) prohibit, regulate, or curtail the otherwise lawful possession, carrying,
43.9transportation, transfer, defensive use, or other lawful use of any of these items;
43.10(2) seize, commandeer, or confiscate any of these items in any manner, except as
43.11expressly authorized in paragraph (b);
43.12(3) suspend or revoke a valid permit issued pursuant to section 624.7131 or 624.714,
43.13except as expressly authorized in those sections; or
43.14(4) close or limit the operating hours of businesses that lawfully sell or service any
43.15of these items, unless such closing or limitation of hours applies equally to all forms
43.16of commerce.
43.17(d) No provision of law relating to a public disorder or disaster emergency
43.18proclamation by the governor or any other governmental or quasi-governmental official,
43.19including but not limited to emergency management powers pursuant to chapters 9
43.20and 12, shall be construed as authorizing the governor or any other governmental or
43.21quasi-governmental official of this state or any of its political subdivisions acting at
43.22the direction of the governor or another official to act in violation of this paragraph
43.23or paragraphs (b) and (c).
43.24(e)(1) An individual aggrieved by a violation of this section may seek relief in an
43.25action at law or in equity or in any other proper proceeding for damages, injunctive relief,
43.26or other appropriate redress against a person who commits or causes the commission of
43.27this violation. Venue must be in the district court having jurisdiction over the county in
43.28which the aggrieved individual resides or in which the violation occurred.
43.29(2) In addition to any other remedy available at law or in equity, an individual
43.30aggrieved by the seizure or confiscation of an item listed in paragraph (c) in violation of
43.31this section may make application for the immediate return of the items to the office of the
43.32clerk of court for the county in which the items were seized and, except as provided in
43.33paragraph (b), the court must order the immediate return of the items by the seizing or
43.34confiscating governmental office and that office's employed officials.
43.35(3) In an action or proceeding to enforce this section, the court must award the
43.36prevailing plaintiff reasonable court costs and expenses, including attorney fees.
44.1EFFECTIVE DATE.This section is effective August 1, 2015.
44.2 Sec. 35. Minnesota Statutes 2014, section 626.88, is amended to read:
44.3626.88 UNIFORMS; PEACE OFFICERS, SECURITY GUARDS; COLOR.
44.4 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
44.5have the meanings given them.
44.6(b) "Peace officer" means an employee of a political subdivision or state law
44.7enforcement agency who is licensed pursuant to sections626.84 to
626.863 charged with
44.8the prevention and detection of crime and the enforcement of the general criminal laws of
44.9the state and who has full power of arrest, and shall also include Minnesota state troopers,
44.10state conservation officers, park police, and University of Minnesota police officers.
44.11(c) "Security guard" means any person who is paid a fee, wage, or salary to perform
44.12one or more of the following functions:
44.13(1) prevention or detection of intrusion, unauthorized entry or activity, vandalism,
44.14or trespass on private property;
44.15(2) prevention or detection of theft, loss, embezzlement, misappropriation, or
44.16concealment of merchandise, money, bonds, stocks, notes, or other valuable documents
44.17or papers;
44.18(3) control, regulation, or direction of the flow or movements of the public, whether
44.19by vehicle or otherwise, to assure protection of private property;
44.20(4) protection of individuals from bodily harm;
44.21(5) prevention or detection of intrusion, unauthorized entry or activity, vandalism,
44.22or trespass on Minnesota National Guard facilities, including, but not limited to, Camp
44.23Ripley and Air National Guard air bases; or
44.24(6) enforcement of policies and rules of the security guard's employer related to crime
44.25reduction insofar as such enforcement falls within the scope of security guard's duties.
44.26The term "security guard" does not include: (i) auditors, accountants, and accounting
44.27personnel performing audits or accounting functions; (ii) employees of a firm licensed
44.28pursuant to section326.3381 whose duties are primarily administrative or clerical in
44.29nature; (iii) unarmed security personnel; (iv) personnel temporarily employed pursuant
44.30to statute or ordinance by political subdivisions to provide protective services at social
44.31functions; (v) employees of air or rail carriers.
44.32(d) "Bail bondsman" or "bail enforcement agent" means a surety acting as a bonding
44.33agent or any person who acts at the direction of a surety for the purpose of arresting a
44.34defendant that the surety believes:
44.35(1) is about to flee;
45.1(2) will not appear in court as required by the defendant's recognizance; or
45.2(3) will otherwise not perform the conditions of the recognizance.
45.3 Subd. 2. Uniforms. (a) Uniforms for peace officers shall be of uniform colors
45.4throughout the state as provided herein. Uniforms for:
45.5(1) municipal peace officers, including University of Minnesota peace officers and
45.6peace officers assigned to patrol duties in parks, shall be blue, brown, or green;
45.7(2) peace officers who are members of the county sheriffs' office shall be blue,
45.8brown, or green;
45.9(3) state troopers shall be maroon;
45.10(4) conservation officers shall be green.
45.11(b) The uniforms of security guards may be any color other than those specified
45.12for peace officers.
45.13(c) The uniforms of a bail bondsman or bail enforcement agent or any person who
45.14acts at the direction of a surety may be any color other than those specified for peace
45.15officers. A violation of this paragraph is a petty misdemeanor.
45.16(d) This subdivision shall apply to uniforms purchased subsequent to January 1, 1981.
45.17 Subd. 3. Exception. Security guards employed by the Capitol Complex Security
45.18Division of the Department of Public Safety are not required to comply with subdivision 2.
45.19 Sec. 36. [626.96] BLUE ALERT SYSTEM.
45.20 Subdivision 1. Establishment. The commissioner of public safety shall establish a
45.21Blue Alert system to aid in the identification, location, and apprehension of an individual
45.22or individuals suspected of killing or seriously wounding a local, state, or federal law
45.23enforcement officer. The commissioner shall coordinate with local law enforcement
45.24agencies and public and commercial television and radio broadcasters to provide an
45.25effective alert system.
45.26 Subd. 2. Criteria and procedures. The commissioner, in consultation with
45.27the Board of Peace Officer Standards and Training, the Minnesota Police and Peace
45.28Officers Association, the Minnesota Chiefs of Police Association, the Minnesota Sheriffs
45.29Association, the Minnesota chapter of the National Emergency Number Association, the
45.30Minnesota chapter of the Association of Public Safety Communications Officials, and the
45.31commissioner of transportation, shall develop criteria and procedures for the Blue Alert
45.32system. By October 1, 2015, the commissioner shall adopt criteria and procedures for the
45.33Blue Alert system.
46.1 Subd. 3. Oversight. The commissioner shall regularly review the function of the
46.2Blue Alert system and revise its criteria and procedures to provide for efficient and
46.3effective public notification.
46.4 Subd. 4. Scope. The Blue Alert system shall include all state and local agencies
46.5capable of providing urgent and timely information to the public, together with
46.6broadcasters and other private entities that volunteer to participate in the dissemination of
46.7urgent public information.
46.8 Subd. 5. Additional notice. The commissioner may notify authorities and entities
46.9outside of the state upon verification that the criteria established under this section have
46.10been met.
46.11 Subd. 6. False reports. A person who knowingly makes a false report that triggers
46.12an alert under this section is guilty of a misdemeanor.
46.13 Sec. 37. STATEWIDE ACCOUNTING OF UNTESTED RAPE KITS.
46.14(a) As used in this section, the following terms have the meanings provided:
46.15(1) "bureau" means the Bureau of Criminal Apprehension;
46.16(2) "forensic laboratory" has the meaning provided in Minnesota Statutes, section
46.17299C.157, subdivision 1, clause (2);
46.18(3) "rape kit" means a sexual assault examination kit;
46.19(4) "superintendent" means the superintendent of the bureau;
46.20(5) "untested rape kit" means a rape kit that has been used to collect evidence and:
46.21(i) has not been submitted to the bureau for DNA analysis but has been cleared for testing
46.22through the written consent of the victim; or (ii) has been submitted to the bureau for
46.23DNA analysis but the analysis has not been completed; and
46.24(6) "victim" has the meaning provided in Minnesota Statutes, section 611A.01,
46.25paragraph (b).
46.26(b) By August 1, 2015, the director of the bureau's forensic science division, each
46.27executive director of a publicly funded forensic laboratory that tests rape kits, and each
46.28sheriff and chief of police must prepare and submit a written report to the superintendent
46.29that identifies the number of untested rape kits in the possession of the official's agency
46.30or department. The report must be in a form prescribed by the superintendent. At a
46.31minimum, each untested rape kit must be identified in the report by the date the evidence
46.32was collected and reasons why each untested rape kit was not tested. This report applies
46.33only to untested rape kits collected prior to July 1, 2015.
46.34(c) By December 1, 2015, the superintendent must submit a report to the majority
46.35leader of the senate, the speaker of the house, and the Office of the Attorney General
47.1identifying, by agency and date collected, each untested rape kit disclosed in the reports
47.2required by paragraph (b). The report must also provide a detailed plan to resolve any
47.3backlog of untested rape kits held by the bureau and other agencies or departments.
47.4EFFECTIVE DATE.This section is effective the day following final enactment.
47.5 Sec. 38. REPEALER.
47.6(a) Minnesota Statutes 2014, sections 168A.1501, subdivisions 5 and 5a; 299C.36;
47.7and 325E.21, subdivisions 1c and 1d, are repealed.
47.8(b) Laws 2014, chapter 190, sections 10; and 11, are repealed.
47.9(c) Minnesota Statutes 2014, sections 97B.031, subdivision 4; and 609.66,
47.10subdivision 1h, are repealed.
47.11EFFECTIVE DATE.Paragraphs (a) and (b) are effective the day following final
47.12enactment. Paragraph (c) is effective August 1, 2015.
47.15 Section 1. Minnesota Statutes 2014, section 181.06, subdivision 2, is amended to read:
47.16 Subd. 2. Payroll deductions. A written contract may be entered into between
47.17an employer and an employee wherein the employee authorizes the employer to make
47.18payroll deductions for the purpose of paying union dues, premiums of any life insurance,
47.19hospitalization and surgical insurance, group accident and health insurance, group term
47.20life insurance, group annuities or contributions to credit unions or a community chest
47.21fund, a local arts council, a local science council or a local arts and science council, or
47.22Minnesota benefit association, a federally or state registered political action committee,
47.23membership dues of a relief association governed by sections 424A.091 to 424A.096 or
47.24Laws 2013, chapter 111, article 5, sections 31 to 42, or participation in any employee
47.25stock purchase plan or savings plan for periods longer than 60 days, including gopher state
47.26bonds established under section16A.645 .
47.27EFFECTIVE DATE.This section is effective August 1, 2015.
47.28 Sec. 2. Minnesota Statutes 2014, section 181.101, is amended to read:
47.29181.101 WAGES; HOW OFTEN PAID.
47.30(a) Except as provided in paragraph (b), every employer must pay all wages earned
47.31by an employee at least once every 31 days on a regular payday designated in advance by
47.32the employer regardless of whether the employee requests payment at longer intervals.
48.1Unless paid earlier, the wages earned during the first half of the first 31-day pay period
48.2become due on the first regular payday following the first day of work. If wages earned
48.3are not paid, the commissioner of labor and industry or the commissioner's representative
48.4may demand payment on behalf of an employee. If payment is not made within ten days
48.5of demand, the commissioner may charge and collect the wages earned and a penalty
48.6in the amount of the employee's average daily earnings at the rate agreed upon in the
48.7contract of employment, not exceeding 15 days in all, for each day beyond the ten-day
48.8limit following the demand. Money collected by the commissioner must be paid to the
48.9employee concerned. This section does not prevent an employee from prosecuting a
48.10claim for wages. This section does not prevent a school district, other public school
48.11entity, or other school, as defined under section120A.22 , from paying any wages earned
48.12by its employees during a school year on regular paydays in the manner provided by an
48.13applicable contract or collective bargaining agreement, or a personnel policy adopted by
48.14the governing board. For purposes of this section, "employee" includes a person who
48.15performs agricultural labor as defined in section181.85, subdivision 2 . For purposes of
48.16this section, wages are earned on the day an employee works.
48.17(b) An employer of a volunteer firefighter, as defined in section 424A.001,
48.18subdivision 10, a member of an organized first responder squad that is formally recognized
48.19by a political subdivision in the state, or a volunteer ambulance driver or attendant must
48.20pay all wages earned by the volunteer firefighter, first responder, or volunteer ambulance
48.21driver or attendant at least once every 31 days, unless the employer and the employee
48.22mutually agree upon payment at longer intervals.
48.23EFFECTIVE DATE.This section is effective the day following final enactment.
48.24 Sec. 3. Minnesota Statutes 2014, section 299F.012, subdivision 1, is amended to read:
48.25 Subdivision 1. Authorized programs within department. From the revenues
48.26appropriated from the fire safety account, established under section 297I.06, subdivision
48.273, the commissioner of public safety may expend funds for the activities and programs
48.28identified by the advisory committee established under subdivision 2 and recommended to
48.29the commissioner of public safety. The commissioner shall not expend funds without the
48.30recommendation of the advisory committee established under subdivision 2. These funds
48.31are to be used to provide resources needed for identified activities and programs of the
48.32Minnesota fire service and to ensure the State Fire Marshal Division responsibilities are
48.33fulfilled. Any balance remaining in the account after the first year of the biennium must be
48.34appropriated to the commissioner of public safety for the purposes specified in law.
49.1 Sec. 4. Minnesota Statutes 2014, section 299N.03, subdivision 3, is amended to read:
49.2 Subd. 3. Chief firefighting officer. "Chief firefighting officer" means the highest
49.3ranking employee or appointed official of a fire department, or the highest ranking
49.4employee or appointed official's designee for the purposes of this chapter.
49.5 Sec. 5. Minnesota Statutes 2014, section 299N.03, subdivision 5, is amended to read:
49.6 Subd. 5. Full-time firefighter. A "full-time firefighter" means a person who is
49.7employed and charged with the prevention and suppression of fires within the boundaries
49.8of the state on a full-time, salaried basis and who is directly engaged in the hazards of
49.9firefighting or is in charge of a designated fire company or companies that are directly
49.10engaged in the hazards of firefighting. Full-time firefighter does not include a volunteer,
49.11part-time, orpaid, on-call paid-on-call firefighter.
49.12 Sec. 6. Minnesota Statutes 2014, section 299N.03, subdivision 6, is amended to read:
49.13 Subd. 6. Licensed firefighter. "Licensed firefighter" means a full-time firefighter,
49.14to include a fire department employee, member, supervisor, or appointed official, who is
49.15licensed by the board andwho is charged with the prevention or suppression of fires within
49.16the boundaries of the state. Licensed firefighter may also include a volunteer firefighter.
49.17 Sec. 7. Minnesota Statutes 2014, section 299N.03, subdivision 7, is amended to read:
49.18 Subd. 7. Volunteer firefighter. A "volunteer firefighter" means a person who is
49.19charged with the prevention or suppression of fires within the boundaries of the state
49.20on a volunteer, part-time, orpaid, on-call paid-on-call basis. Volunteer firefighter does
49.21not include a full-time firefighter.
49.22 Sec. 8. Minnesota Statutes 2014, section 299N.04, subdivision 3, is amended to read:
49.23 Subd. 3. Certain baccalaureate or associate degree holders eligible to take
49.24certification examination. A person with a baccalaureate degree, or with an associate
49.25degree in applied fire science technology, from an accredited college or university, who
49.26has successfully completed the skills-oriented basic training course under subdivision 2,
49.27clause (2), is eligible to take the firefighter certification examination notwithstanding the
49.28requirements of subdivision 2, clause (1).
49.29 Sec. 9. Minnesota Statutes 2014, section 299N.05, subdivision 1, is amended to read:
50.1 Subdivision 1. Licensure requirement. Afull-time firefighter employed on or after
50.2July 1, 2011, full time by a fire department is not eligible for permanent employment
50.3without being licensedas a firefighter by the board.
50.4 Sec. 10. Minnesota Statutes 2014, section 299N.05, subdivision 4, is amended to read:
50.5 Subd. 4. Newly employed firefighters. Any full-time firefighter employed by a fire
50.6departmenton or after July 1, 2011, must obtain a license from the board. To obtain a
50.7license, an individualnot covered by subdivision 3 must provide the board with a statement
50.8signed by the chief firefighting officer of the fire department that employs the full-time
50.9firefighter that the individual has met the certification requirements of section299N.04 .
50.10 Sec. 11. Minnesota Statutes 2014, section 299N.05, subdivision 5, is amended to read:
50.11 Subd. 5.Issuance of Obtaining a firefighter license. The board shall license
50.12any individual who meets the requirements of subdivision 3 or 4. To obtain a license, a
50.13firefighter must complete the board application process and meet the requirements of section
50.14299N.04. A license is valid forthree years from the date of issuance a three-year period
50.15determined by the board, and the fee for the license is $75. Fees under this subdivision
50.16may be prorated by the board for licenses issued with a three-year licensure period.
50.17 Sec. 12. Minnesota Statutes 2014, section 299N.05, subdivision 6, is amended to read:
50.18 Subd. 6. License renewal; expiration and reinstatement. (a) A license shall be
50.19renewed so long as the firefighter and the chief firefighting officer provide evidence to the
50.20board that the licensed firefighter has hadat least 72 hours of approved firefighting training
50.21in theprevious three-year period preceding three years and the firefighter completes the
50.22renewal application. The fee for renewing a firefighter license is $75, and the license is
50.23valid for an additional three years.
50.24(b) If a license expires, a firefighter may apply to have it reinstated. In order to
50.25receive reinstatement, the firefighter must:
50.26(1) complete a reinstatement application;
50.27(2) satisfy all prior firefighter training requirements;
50.28(3) pay any outstanding renewal fees; and
50.29(4) pay the delayed renewal fee set by the board.
50.30(c) In lieu of a reinstatement application under paragraph (b), a firefighter may
50.31complete a new application for licensure under section 299N.04.
50.32 Sec. 13. Minnesota Statutes 2014, section 299N.05, subdivision 7, is amended to read:
51.1 Subd. 7. Duties of chief firefighting officer. (a)It shall be the duty of Every chief
51.2firefighting officer has a duty to ensure thatall every full-time firefighters have firefighter
51.3has a licensefrom issued by the board beginning July 1, 2011. Each full-time firefighter,
51.4volunteer firefighter, and chief firefighting officer may apply for licensure after
January 1,
51.52011.
51.6(b) Every chief firefighting officer, provider, and individual licensee has a duty to
51.7ensure proper training records and reports are retained. Records must include, for the
51.8three-year period subsequent to the license renewal date:
51.9(1) the dates, subjects, and duration of programs;
51.10(2) sponsoring organizations;
51.11(3) fire training hours earned;
51.12(4) registration receipts to prove attendance at training sessions; and
51.13(5) other pertinent information.
51.14(c) The board may require a licensee, provider, or fire department to provide the
51.15information under paragraph (b) to demonstrate compliance with the 72-hour firefighting
51.16training requirement under subdivision 6, paragraph (a).
51.17 Sec. 14. Minnesota Statutes 2014, section 299N.05, subdivision 8, is amended to read:
51.18 Subd. 8. Revocation; suspension; denial. (a) The board may revoke, suspend,
51.19or deny a license issued or applied for under this section to a firefighter or applicant if
51.20the firefighter or applicant has been convicted of any arson-related charge or a felony
51.21recognized by the board as a crime that would disqualify the licensee from participating
51.22in the profession of firefighting.
51.23(b) Each applicant, licensee, or fire department must notify the board, in writing,
51.24within ten days if the applicant or licensee has been convicted of or pled guilty or nolo
51.25contendere to a felony, any arson-related charge, or another offense arising from the
51.26same set of circumstances.
51.27 Sec. 15. [299N.06] ELIGIBILITY FOR RECIPROCITY EXAMINATION
51.28BASED ON RELEVANT MILITARY EXPERIENCE.
51.29(a) For purposes of this section:
51.30(1) "active service" has the meaning given in section 190.05, subdivision 5; and
51.31(2) "relevant military experience" means:
51.32(i) four years' cumulative service experience in a military firefighting occupational
51.33specialty;
52.1(ii) two years' cumulative service experience in a military firefighting occupational
52.2specialty, and completion of at least a two-year degree from a regionally accredited
52.3postsecondary education institution; or
52.4(iii) four years' cumulative experience as a full-time firefighter in another state
52.5combined with cumulative service experience in a military firefighting occupational
52.6specialty.
52.7(b) A person is eligible to take the reciprocity examination and does not have to
52.8otherwise meet the requirements of section 299N.04, subdivisions 2 and 3, if the person has:
52.9(1) relevant military experience; and
52.10(2) been honorably discharged from military active service as evidenced by the most
52.11recent form DD-214 or is currently in active service, as evidenced by:
52.12(i) active duty orders providing service time in a military firefighting specialty;
52.13(ii) a United States Department of Defense Manpower Data Center status report
52.14pursuant to the Service Members Civil Relief Act, active duty status report; or
52.15(iii) Military Personnel Center assignment information.
52.16(c) A person who passed the examination under paragraph (b), clause (2), shall not
52.17be eligible to be licensed as a firefighter until honorably discharged as evidenced by the
52.18most recent form DD-214.
52.19(d) To receive a firefighter license, a person who passed the reciprocity certification
52.20examination must meet the requirements of section 299N.05, subdivision 4.
52.21 Sec. 16. REPEALER.
52.22Minnesota Statutes 2014, section 299N.05, subdivision 3, is repealed.
52.25 Section 1. Minnesota Statutes 2014, section 43A.241, is amended to read:
52.2643A.241 INSURANCE CONTRIBUTIONS; FORMERCORRECTIONS
52.27EMPLOYEES.
52.28(a) This section applies to a person who:
52.29(1) was employed by the commissioner of the Department of Correctionsat a state
52.30institution under control of the commissioner, and in that employment was a member
52.31of the general plan of the Minnesota State Retirement System; or by the Department
52.32of Human Services;
53.1(2) was covered by the correctional employee retirement plan under section 352.91
53.2or the general state employees retirement plan of the Minnesota State Retirement System
53.3as defined in section 352.021;
53.4(3) while employed under clause (1), was assaulted byan inmate at a state institution
53.5under control of the commissioner of the Department of Corrections; and:
53.6(i) a person under correctional supervision for a criminal offense; or
53.7(ii) a client or patient at the Minnesota sex offender program, or at a state-operated
53.8forensic services program as defined in section 352.91, subdivision 3j, under the control of
53.9the commissioner of the Department of Human Services; and
53.10(3) (4) as a direct result of the assault under clause (3), was determined to be
53.11totally and permanently physically disabled under laws governing the Minnesota State
53.12Retirement System.
53.13(b) For a person to whom this section applies, the commissioner of the Department
53.14of Corrections or the commissioner of the Department of Human Services, using existing
53.15budget resources, must continue to make the employer contribution forhospital, medical,
53.16and dental benefits under the State Employee Group Insurance Program after the person
53.17terminates state service. If the person had dependent coverage at the time of terminating
53.18state service, employer contributions for dependent coverage also must continue under this
53.19section. The employer contributions must be in the amount of the employer contribution
53.20for active state employees at the time each payment is made. The employer contributions
53.21must continue until the person reaches age 65, provided the person makes the required
53.22employee contributions, in the amount required of an active state employee, at the time
53.23and in the manner specified by the commissioner.
53.24EFFECTIVE DATE.This section is effective the day following final enactment
53.25and applies to a person assaulted by an inmate, client, or patient on or after that date.
53.26 Sec. 2. Minnesota Statutes 2014, section 241.88, subdivision 1, is amended to read:
53.27 Subdivision 1. Restraint. (a) A representative of a correctional facility may not
53.28restrain a woman known to be pregnant unless the representative makes an individualized
53.29determination that restraints are reasonably necessary for the legitimate safety and security
53.30needs of the woman, correctional staff, other inmates, or the public. If restraints are
53.31determined to be necessary, the restraints must be the least restrictive available and the
53.32most reasonable under the circumstances.
53.33(b) A representative of a correctional facility may not restrain a woman known to be
53.34pregnant while the woman is being transported if the restraint is through the use of waist
53.35chains or other devices that cross or otherwise touch the woman's abdomen or handcuffs
54.1or other devices that cross or otherwise touch the woman's wrists when affixed behind the
54.2woman's back. If used, wrist restraints should be applied in such a way that the pregnant
54.3woman may be able to protect herself and her fetus in the event of a forward fall.
54.4(c) A representative of a correctional facility may restrain a woman who is in labor
54.5or who has given birth within the preceding three days only if:
54.6(1) there is a substantial flight risk or some other extraordinary medical or security
54.7circumstance that dictates restraints be used to ensure the safety and security of the
54.8woman, the staff of the correctional or medical facility, other inmates, or the public;
54.9(2) the representative has made an individualized determination that restraints are
54.10necessary to prevent escape or injury;
54.11(3) there is no objection from the treating medical care provider; and
54.12(4) the restraints used are the least restrictive type and are used in the least restrictive
54.13manner.
54.14(d) Section645.241 does not apply to this section.
54.15EFFECTIVE DATE.This section is effective July 1, 2015.
54.16 Sec. 3. Minnesota Statutes 2014, section 241.88, is amended by adding a subdivision
54.17to read:
54.18 Subd. 3. Required annual report. By February 15 of each year, the commissioner
54.19shall report to the chairs and ranking minority members of the senate and house of
54.20representatives committees and divisions having jurisdiction over criminal justice policy
54.21and funding on the use of restraints on pregnant women, women in labor, and women
54.22who have given birth in the preceding three days, who are incarcerated in state and local
54.23correctional facilities during the preceding calendar year. For reporting purposes, the use of
54.24restraints does not include use of handcuffs on the front of the body of a pregnant woman.
54.25EFFECTIVE DATE.This section is effective July 1, 2015.
54.26 Sec. 4. Minnesota Statutes 2014, section 241.89, subdivision 1, is amended to read:
54.27 Subdivision 1. Applicability. This section applies only to a woman:
54.28(1) incarcerated following conviction;and or
54.29(2) incarcerated before conviction beyond the period specified for the woman's initial
54.30appearance before the court in Rules of Criminal Procedure, rules3.02 ,
4.01 , and
4.02 .
54.31EFFECTIVE DATE.This section is effective July 1, 2015.
54.32 Sec. 5. Minnesota Statutes 2014, section 241.89, subdivision 2, is amended to read:
55.1 Subd. 2. Requirements. (a) The head of each correctional facility shall ensure that
55.2every woman incarcerated at the facility:
55.3(1) is tested for pregnancy on or before day 14 of incarceration, if under 50 years
55.4of age unless the inmate refuses the test;
55.5(2) if pregnantand agrees to testing, is tested for sexually transmitted diseases,
55.6including HIV, is provided the prevailing standard of care or current practice by the
55.7medical care provider's peer group;
55.8(3) if pregnant or has given birth in the past six weeks, is provided appropriate
55.9educational materials and resources related to pregnancy, childbirth, breastfeeding, and
55.10parenting;
55.11(4) if pregnant or has given birth in the past six weeks, has access to doula services if
55.12these services are provided by a certified doula without charge to the correctional facility
55.13or the incarcerated woman pays for the certified doula services;
55.14(5) if pregnant or has given birth in the past six months, has access to a mental health
55.15assessment and, if necessary, treatment;
55.16(6) if pregnant or has given birth in the past six months and determined to be
55.17suffering from a mental illness, has access to evidence-based mental health treatment
55.18including psychotropic medication;
55.19(7) if pregnant or has given birth in the past six months and determined to be
55.20suffering from postpartum depression, has access to evidence-based therapeutic care for
55.21the depression; and
55.22(8) if pregnant or has given birth in the past six months, is advised, orally or in
55.23writing, of applicable laws and policies governing incarcerated pregnant women.
55.24(b) The commissioner of corrections, in consultation with the commissioner of
55.25health, may award grants to nonprofit organizations to provide access to doula services by
55.26a certified doula in accordance with paragraph (a), clause (4).
55.27EFFECTIVE DATE.This section is effective July 1, 2015.
55.28 Sec. 6. Minnesota Statutes 2014, section 244.05, is amended by adding a subdivision
55.29to read:
55.30 Subd. 1d. Electronic surveillance. (a) If the commissioner orders electronic
55.31surveillance of an inmate placed on supervised release, the commissioner may require that
55.32the inmate be kept in custody, or that the inmate's probation agent, or the agent's designee,
55.33directly supervise the offender until electronic surveillance is activated.
55.34(b) It is the responsibility of the inmate placed on electronic surveillance to ensure
55.35that the inmate's residence is properly equipped and the inmate's telecommunications
56.1system is properly configured to support electronic surveillance prior to being released
56.2from custody or the direct supervision of a probation agent. An inmate who fails to
56.3comply with this paragraph may be found in violation of the inmate's conditions of release
56.4after a revocation hearing.
56.5 Sec. 7. Minnesota Statutes 2014, section 244.15, subdivision 6, is amended to read:
56.6 Subd. 6. Electronic surveillance. (a) During any phase, the offender may be placed
56.7on electronic surveillance if the intensive supervision agent so directs. If electronic
56.8surveillance is directed during phase I, the commissioner must require that the inmate be
56.9kept in custody, or that the inmate's intensive supervised release agent, or the agent's
56.10designee, directly supervise the offender until electronic surveillance is activated.
56.11(b) It is the responsibility of the inmate placed on electronic surveillance to ensure
56.12that the inmate's residence is properly equipped and the inmate's telecommunications
56.13system is properly configured to support electronic surveillance prior to being released
56.14from custody or the direct supervision of an intensive supervised release agent. An
56.15inmate who fails to comply with this paragraph may be found in violation of the inmate's
56.16conditions of release after a revocation hearing.
56.17 Sec. 8. Minnesota Statutes 2014, section 260B.198, is amended by adding a
56.18subdivision to read:
56.19 Subd. 13. Electronic surveillance. (a) If a court orders a juvenile adjudicated
56.20delinquent to serve any portion of the juvenile's disposition on electronic surveillance,
56.21the court may require that the juvenile be kept in custody, or that the juvenile's probation
56.22agent directly supervise the juvenile until electronic surveillance is activated.
56.23(b) It is the responsibility of the parent or guardian of the juvenile placed on electronic
56.24surveillance to ensure that the juvenile's residence is properly equipped and the residence's
56.25telecommunications system is properly configured to support electronic surveillance prior
56.26to the juvenile being released from custody or the direct supervision of a probation agent.
56.27 Sec. 9. Minnesota Statutes 2014, section 401.10, subdivision 1, is amended to read:
56.28 Subdivision 1. Aid calculations. To determine the community corrections aid
56.29amount to be paid to each participating county, the commissioner of corrections must
56.30apply the following formula:
56.31(1) For each of the 87 counties in the state, a percent score must be calculated for
56.32each of the following five factors:
57.1(i) percent of the total state population aged ten to 24 residing within the county
57.2according to the most recent federal census, and, in the intervening years between the
57.3taking of the federal census, according to the most recent estimate of the state demographer;
57.4(ii) percent of the statewide total number of felony case filings occurring within the
57.5county, as determined by the state court administrator;
57.6(iii) percent of the statewide total number of juvenile case filings occurring within
57.7the county, as determined by the state court administrator;
57.8(iv) percent of the statewide total number of gross misdemeanor case filings
57.9occurring within the county, as determined by the state court administrator; and
57.10(v) percent of the total statewide number of convicted felony offenders who did
57.11not receive an executed prison sentence, as monitored and reported by the Sentencing
57.12Guidelines Commission.
57.13The percents in items (ii) to (v) must be calculated by combining the most recent
57.14three-year period of available data. The percents in items (i) to (v) each must sum to 100
57.15percent across the 87 counties.
57.16(2) For each of the 87 counties, the county's percents in clause (1), items (i) to (v),
57.17must be weighted, summed, and divided by the sum of the weights to yield an average
57.18percent for each county, referred to as the county's "composite need percent." When
57.19performing this calculation, the weight for each of the percents in clause (1), items (i) to
57.20(v), is 1.0. The composite need percent must sum to 100 percent across the 87 counties.
57.21(3) For each of the 87 counties, the county's "adjusted net tax capacity percent" is
57.22the county's adjusted net tax capacity amount, defined in the same manner as it is defined
57.23for cities in section477A.011, subdivision 20 , divided by the statewide total adjusted net
57.24tax capacity amount. The adjusted net tax capacity percent must sum to 100 percent
57.25across the 87 counties.
57.26(4) For each of the 87 counties, the county's composite need percent must be divided
57.27by the county's adjusted net tax capacity percent to produce a ratio that, when multiplied
57.28by the county's composite need percent, results in the county's "tax base adjusted need
57.29percent."
57.30(5) For each of the 87 counties, the county's tax base adjusted need percent must
57.31be added to twice the composite need percent, and the sum must be divided by 3, to
57.32yield the county's "weighted need percent."
57.33(6) Each participating county's weighted need percent must be added to the weighted
57.34need percent of each other participating county to yield the "total weighted need percent
57.35for participating counties."
58.1(7) Each participating county's weighted need percent must be divided by the total
58.2weighted need percent for participating counties to yield the county's "share percent." The
58.3share percents for participating counties must sum to 100 percent.
58.4(8) Each participating county's "base funding amount" is the aid amount that the
58.5county received under this section for fiscal year 1995 plus the amount received in
58.6caseload or workload reduction, felony caseload reduction, and sex offender supervision
58.7grants in fiscal year 2015, as reported by the commissioner of corrections. In fiscal year
58.81997 and thereafter, no county's aid amount under this section may be less than its base
58.9funding amount, provided that the total amount appropriated for this purpose is at least as
58.10much as the aggregate base funding amount defined in clause (9).
58.11(9) The "aggregate base funding amount" is equal to the sum of the base funding
58.12amounts for all participating counties. If a county that participated under this section
58.13during fiscal year 1995 chooses not to participate in any given year, then the aggregate
58.14base funding amount must be reduced by that county's base funding amount. If a county
58.15that did not participate under this section in fiscal year 1995 chooses to participatein any
58.16given year on or after July 1, 2015, then the aggregate base funding amount must be
58.17increased by the amount of aid that the county would have received had it participated in
58.18fiscal year 1995 plus the estimated amount it would have received in caseload or workload
58.19reduction, felony caseload reduction, and sex offender supervision grants in fiscal year
58.202015, as reported by the commissioner of corrections, and the amount of increase shall be
58.21that county's base funding amount.
58.22(10) In any given year, the total amount appropriated for this purpose first must be
58.23allocated to participating counties in accordance with each county's base funding amount.
58.24Then, any remaining amount in excess of the aggregate base funding amount must be
58.25allocated to participating counties in proportion to each county's share percent, and is
58.26referred to as the county's "formula amount."
58.27Each participating county's "community corrections aid amount" equals the sum of
58.28(i) the county's base funding amount, and (ii) the county's formula amount.
58.29(11) However, if in any year the total amount appropriated for the purpose of this
58.30section is less than the aggregate base funding amount, then each participating county's
58.31community corrections aid amount is the product of (i) the county's base funding amount
58.32multiplied by (ii) the ratio of the total amount appropriated to the aggregate base funding
58.33amount.
58.34For each participating county, the county's community corrections aid amount
58.35calculated in this subdivision is the total amount of subsidy to which the county is entitled
58.36under sections401.01 to
401.16 .
59.1 Sec. 10. Minnesota Statutes 2014, section 631.461, is amended to read:
59.2631.461 IMPRISONMENT; COUNTY JAIL; ALTERNATIVES.
59.3(a) When a sentence for an offense includes imprisonment in a county jail, the
59.4court may sentence the offender to imprisonment in a workhouse or correctional or work
59.5farm if there is one in the county where the offender is tried or where the offense was
59.6committed. If not, the court may sentence the offender to imprisonment in a workhouse or
59.7correctional or work farm in any county in this state. However, the county board of the
59.8county where the offender is tried shall have some agreement for the receipt, maintenance,
59.9and confinement of inmates with the county where the offender has been sentenced to
59.10imprisonment. The place of imprisonment must be specified in the sentence. Inmates may
59.11be removed from one place of confinement to another as provided by statute.
59.12(b) If a court orders or a sheriff permits an offender to serve any portion of the
59.13offender's sentence on electronic surveillance, the court or sheriff may require that the
59.14offender be kept in custody, or that the offender's probation agent directly supervise the
59.15offender until electronic surveillance is activated.
59.16(c) It is the responsibility of the offender placed on electronic surveillance to ensure
59.17that the offender's residence is properly equipped and the offender's telecommunications
59.18system is properly configured to support electronic surveillance prior to being released
59.19from custody or the direct supervision of a probation agent. An offender who fails to
59.20comply with this paragraph may be found in violation of the offender's conditions of
59.21release after a revocation hearing.
59.22 Sec. 11. ELECTRONIC SURVEILLANCE; PURPOSE STATEMENT.
59.23The purpose of electronic surveillance of adult and juvenile offenders is to provide a
59.24cost-effective alternative to incarceration or detention for deserving low-risk offenders.
59.25It is a privilege for an adult or juvenile offender to be placed on electronic surveillance
59.26in lieu of remaining in custody to complete a period of incarceration or detention. The
59.27parties who authorize and implement electronic surveillance shall take all reasonable
59.28precautions to protect public safety.
59.29 Sec. 12. COLTON'S LAW.
59.30Sections 6, 7, 8, 10, and 11 shall be known as "Colton's Law."
59.33 Section 1. [5B.13] CRIMINAL PENALTY.
60.1When the performance of any act is prohibited under this chapter as of February
60.21, 2015, but no criminal or civil penalty is provided, the commission of the act is a
60.3misdemeanor.
60.4EFFECTIVE DATE.This section is effective August 1, 2015, and applies to acts
60.5committed on or after that date.
60.6 Sec. 2. Minnesota Statutes 2014, section 13.82, subdivision 17, is amended to read:
60.7 Subd. 17. Protection of identities. A law enforcement agency or a law enforcement
60.8dispatching agency working under direction of a law enforcement agency shall withhold
60.9public access to data on individuals to protect the identity of individuals in the following
60.10circumstances:
60.11(a) when access to the data would reveal the identity of an undercover law
60.12enforcement officer, as provided in section13.43, subdivision 5 ;
60.13(b) when access to the data would reveal the identity of a victim or alleged victim of
60.14criminal sexual conduct orof a violation of sex trafficking under section 609.322, 609.341
60.15to 609.3451, or617.246, subdivision 2 ;
60.16(c) when access to the data would reveal the identity of a paid or unpaid informant
60.17being used by the agency if the agency reasonably determines that revealing the identity of
60.18the informant would threaten the personal safety of the informant;
60.19(d) when access to the data would reveal the identity of a victim of or witness to a
60.20crime if the victim or witness specifically requests not to be identified publicly, unless the
60.21agency reasonably determines that revealing the identity of the victim or witness would
60.22not threaten the personal safety or property of the individual;
60.23(e) when access to the data would reveal the identity of a deceased person whose
60.24body was unlawfully removed from a cemetery in which it was interred;
60.25(f) when access to the data would reveal the identity of a person who placed a call to a
60.26911 system or the identity or telephone number of a service subscriber whose phone is used
60.27to place a call to the 911 system and: (1) the agency determines that revealing the identity
60.28may threaten the personal safety or property of any person; or (2) the object of the call is
60.29to receive help in a mental health emergency. For the purposes of this paragraph, a voice
60.30recording of a call placed to the 911 system is deemed to reveal the identity of the caller;
60.31(g) when access to the data would reveal the identity of a juvenile witness and
60.32the agency reasonably determines that the subject matter of the investigation justifies
60.33protecting the identity of the witness; or
60.34(h) when access to the data would reveal the identity of a mandated reporter under
60.35section609.456 ,
626.556 , or
626.557 .
61.1Data concerning individuals whose identities are protected by this subdivision are
61.2private data about those individuals. Law enforcement agencies shall establish procedures
61.3to acquire the data and make the decisions necessary to protect the identity of individuals
61.4described in clauses (c), (d), (f), and (g).
61.5 Sec. 3. Minnesota Statutes 2014, section 169.13, subdivision 1, is amended to read:
61.6 Subdivision 1. Reckless driving. (a)Any person who drives any vehicle in such a
61.7manner as to indicate either a willful or a wanton disregard for the safety of persons
or
61.8property is guilty of reckless driving and such reckless driving is a misdemeanor A person
61.9who drives a motor vehicle while aware of and consciously disregarding a substantial and
61.10unjustifiable risk that the driving may result in harm to another or another's property is
61.11guilty of reckless driving. The risk must be of such a nature and degree that disregard of it
61.12constitutes a significant deviation from the standard of conduct that a reasonable person
61.13would observe in the situation.
61.14(b) A person shall not race any vehicle upon any street or highway of this state.
61.15Any person who willfully compares or contests relative speeds by operating one or more
61.16vehicles is guilty of racing, which constitutes reckless driving, whether or not the speed
61.17contested or compared is in excess of the maximum speed prescribed by law.
61.18(c) A person who violates paragraph (a) or (b) is guilty of a misdemeanor. A person
61.19who violates paragraph (a) or (b) and causes great bodily harm or death to another is
61.20guilty of a gross misdemeanor.
61.21(d) For purposes of this section, "great bodily harm" has the meaning given in
61.22section 609.02, subdivision 8.
61.23EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
61.24committed on or after that date.
61.25 Sec. 4. Minnesota Statutes 2014, section 169.13, subdivision 3, is amended to read:
61.26 Subd. 3. Application. (a) The provisions of this section apply, but are not limited in
61.27application, to any person who drives any vehicle in the manner prohibited by this section:
61.28(1) upon the ice of any lake, stream, or river, including but not limited to the ice of
61.29any boundary water; or
61.30(2) in a parking lot ordinarily used by or available to the public though not as a
61.31matter of right, and a driveway connecting the parking lot with a street or highway.
61.32(b) This section does not apply to:
61.33(1) an authorized emergency vehicle, when responding to an emergency call or when
61.34in pursuit of an actual or suspected violator;
62.1(2) the emergency operation of any vehicle when avoiding imminent danger; or
62.2(3) any raceway, racing facility, or other public event sanctioned by the appropriate
62.3governmental authority.
62.4(c) Nothing in this section or section 609.035 or 609.04 shall limit the power of the
62.5state to prosecute or punish a person for conduct that constitutes any other crime under
62.6any other law of this state.
62.7EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
62.8committed on or after that date.
62.9 Sec. 5. Minnesota Statutes 2014, section 169A.03, subdivision 3, is amended to read:
62.10 Subd. 3. Aggravating factor. "Aggravating factor" includes:
62.11(1) a qualified prior impaired driving incident within the ten years immediately
62.12preceding the current offense;
62.13(2) having an alcohol concentration of0.20 0.16 or more as measured at the time, or
62.14within two hours of the time, of the offense; or
62.15(3) having a child under the age of 16 in the motor vehicle at the time of the offense
62.16if the child is more than 36 months younger than the offender.
62.17EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
62.18committed on or after that date.
62.19 Sec. 6. Minnesota Statutes 2014, section 169A.07, is amended to read:
62.20169A.07 FIRST-TIME DWI VIOLATOR; OFF-ROAD VEHICLE OR BOAT.
62.21A person who violates section169A.20 (driving while impaired) while using an
62.22off-road recreational vehicle or motorboat and who does not have a qualified prior
62.23impaired driving incident is subject only to the criminal penalty provided in section
62.24169A.25
(second-degree driving while impaired),
169A.26 (third-degree driving while
62.25impaired), or169A.27 (fourth-degree driving while impaired); and loss of operating
62.26privileges as provided in section84.91, subdivision 1 (operation of snowmobiles or
62.27all-terrain vehicles by persons under the influence of alcohol or controlled substances), or
62.2886B.331, subdivision 1
(operation of motorboats while using alcohol or with a physical or
62.29mental disability), whichever is applicable. The person is not subject to the provisions
62.30of section169A.275, subdivision 5 , (submission to the level of care recommended in
62.31chemical use assessment for repeat offenders and offenders with alcohol concentration of
62.320.20 0.16 or more);
169A.277 (long-term monitoring);
169A.285 (penalty assessment);
62.33169A.44
(conditional release);
169A.54 (impaired driving convictions and adjudications;
63.1administrative penalties); or169A.54, subdivision 11 (chemical use assessment); the
63.2license revocation sanctions of sections169A.50 to
169A.53 (implied consent law); or the
63.3plate impoundment provisions of section169A.60 (administrative impoundment of plates).
63.4EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
63.5committed on or after that date.
63.6 Sec. 7. Minnesota Statutes 2014, section 169A.275, subdivision 5, is amended to read:
63.7 Subd. 5. Level of care recommended in chemical use assessment. Unless the
63.8court commits the person to the custody of the commissioner of corrections as provided in
63.9section169A.276 (mandatory penalties; felony violations), in addition to other penalties
63.10required under this section, the court shall order a person to submit to the level of care
63.11recommended in the chemical use assessment conducted under section169A.70 (alcohol
63.12safety program; chemical use assessments) if the person is convicted of violating section
63.13169A.20
(driving while impaired) while having an alcohol concentration of 0.20 0.16 or
63.14more as measured at the time, or within two hours of the time, of the offense or if the
63.15violation occurs within ten years of one or more qualified prior impaired driving incidents.
63.16EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
63.17committed on or after that date.
63.18 Sec. 8. Minnesota Statutes 2014, section 169A.285, subdivision 1, is amended to read:
63.19 Subdivision 1. Authority; amount. When a court sentences a person who violates
63.20section169A.20 (driving while impaired) while having an alcohol concentration of 0.20
63.210.16 or more as measured at the time, or within two hours of the time, of the violation,
63.22the court may impose a penalty assessment of up to $1,000. The court may impose this
63.23assessment in addition to any other penalties or charges authorized under law.
63.24EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
63.25committed on or after that date.
63.26 Sec. 9. Minnesota Statutes 2014, section 169A.46, subdivision 1, is amended to read:
63.27 Subdivision 1. Impairment occurred after driving ceased. If proven by a
63.28preponderance of the evidence, it is an affirmative defense to a violation of section
63.29169A.20, subdivision 1
, clause (5); 1a, clause (5); 1b, clause (5); or 1c, clause (5) (driving
63.30while impaired, alcohol concentration within two hours of driving), or169A.20 by a person
63.31having an alcohol concentration of0.20 0.16 or more as measured at the time, or within
63.32two hours of the time, of the offense, that the defendant consumed a sufficient quantity of
64.1alcohol after the time of the violation and before the administration of the evidentiary test
64.2to cause the defendant's alcohol concentration to exceed the level specified in the applicable
64.3clause. Evidence that the defendant consumed alcohol after the time of the violation may
64.4not be admitted in defense to any alleged violation of section169A.20 , unless notice is
64.5given to the prosecution prior to the omnibus or pretrial hearing in the matter.
64.6EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
64.7committed on or after that date.
64.8 Sec. 10. Minnesota Statutes 2014, section 169A.53, subdivision 3, is amended to read:
64.9 Subd. 3. Judicial hearing; issues, order, appeal. (a) A judicial review hearing
64.10under this section must be before a district judge in any county in the judicial district
64.11where the alleged offense occurred. The hearing is to the court and may be conducted at
64.12the same time and in the same manner as hearings upon pretrial motions in the criminal
64.13prosecution under section169A.20 (driving while impaired), if any. The hearing must be
64.14recorded. The commissioner shall appear and be represented by the attorney general or
64.15through the prosecuting authority for the jurisdiction involved. The hearing must be held
64.16at the earliest practicable date, and in any event no later than 60 days following the filing
64.17of the petition for review. The judicial district administrator shall establish procedures to
64.18ensure efficient compliance with this subdivision. To accomplish this, the administrator
64.19may, whenever possible, consolidate and transfer review hearings among the locations
64.20within the judicial district where terms of district court are held.
64.21(b) The scope of the hearing is limited to the issues in clauses (1) to(10) (11):
64.22(1) Did the peace officer have probable cause to believe the person was driving,
64.23operating, or in physical control of a motor vehicle or commercial motor vehicle in
64.24violation of section169A.20 (driving while impaired)?
64.25(2) Was the person lawfully placed under arrest for violation of section169A.20 ?
64.26(3) Was the person involved in a motor vehicle accident or collision resulting in
64.27property damage, personal injury, or death?
64.28(4) Did the person refuse to take a screening test provided for by section169A.41
64.29(preliminary screening test)?
64.30(5) If the screening test was administered, did the test indicate an alcohol
64.31concentration of 0.08 or more?
64.32(6) At the time of the request for the test, did the peace officer inform the person
64.33of the person's rights and the consequences of taking or refusing the test as required by
64.34section169A.51, subdivision 2 ?
64.35(7) Did the person refuse to permit the test?
65.1(8) If a test was taken by a person driving, operating, or in physical control of a
65.2motor vehicle, did the test results indicate at the time of testing:
65.3(i) an alcohol concentration of 0.08 or more; or
65.4(ii) the presence of a controlled substance listed in Schedule I or II or its metabolite,
65.5other than marijuana or tetrahydrocannabinols?
65.6(9) If a test was taken by a person driving, operating, or in physical control of a
65.7commercial motor vehicle, did the test results indicate an alcohol concentration of 0.04 or
65.8more at the time of testing?
65.9(10) Was the testing method used valid and reliable and were the test results
65.10accurately evaluated?
65.11(11) Did the person prove the defense of necessity?
65.12(c) It is an affirmative defense for the petitioner to prove that, at the time of the
65.13refusal, the petitioner's refusal to permit the test was based upon reasonable grounds.
65.14(d) Certified or otherwise authenticated copies of laboratory or medical personnel
65.15reports, records, documents, licenses, and certificates are admissible as substantive
65.16evidence.
65.17(e) The court shall order that the revocation or disqualification be either rescinded or
65.18sustained and forward the order to the commissioner. The court shall file its order within 14
65.19days following the hearing. If the revocation or disqualification is sustained, the court shall
65.20also forward the person's driver's license or permit to the commissioner for further action by
65.21the commissioner if the license or permit is not already in the commissioner's possession.
65.22(f) Any party aggrieved by the decision of the reviewing court may appeal the
65.23decision as provided in the Rules of Appellate Procedure.
65.24(g) The civil hearing under this section shall not give rise to an estoppel on any
65.25issues arising from the same set of circumstances in any criminal prosecution.
65.26(h) It is an affirmative defense for the petitioner to prove a necessity.
65.27 Sec. 11. Minnesota Statutes 2014, section 609.324, subdivision 1, is amended to read:
65.28 Subdivision 1. Engaging in, hiring, or agreeing to hire minor to engage in
65.29prostitution; penalties. (a) Whoever intentionally does any of the following may be
65.30sentenced to imprisonment for not more than 20 years or to payment of a fine of not
65.31more than $40,000, or both:
65.32(1) engages in prostitution with an individual under the age of 13 years; or
65.33(2) hires or offers or agrees to hire an individual under the age of 13 years to engage
65.34in sexual penetration or sexual contact.
66.1(b) Whoever intentionally does any of the following may be sentenced to
66.2imprisonment for not more than ten years or to payment of a fine of not more than
66.3$20,000, or both:
66.4(1) engages in prostitution with an individual under the age of 16 years but at least
66.513 years; or
66.6(2) hires or offers or agrees to hire an individual under the age of 16 years but at
66.7least 13 years to engage in sexual penetration or sexual contact.
66.8(c) Whoever intentionally does any of the following may be sentenced to
66.9imprisonment for not more than five years or to payment of a fine of not more than
66.10$10,000, or both:
66.11(1) engages in prostitution with an individual under the age of 18 years but at least
66.1216 years;or
66.13(2) hires or offers or agrees to hire an individual under the age of 18 years but at
66.14least 16 years to engage in sexual penetration or sexual contact; or
66.15(3) hires or offers or agrees to hire an individual who the actor reasonably believes
66.16to be under the age of 18 years to engage in sexual penetration or sexual contact.
66.17EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
66.18committed on or after that date.
66.19 Sec. 12. Minnesota Statutes 2014, section 609.325, is amended by adding a subdivision
66.20to read:
66.21 Subd. 3a. No defense; undercover operative. The fact that an undercover operative
66.22or law enforcement officer was involved in the detection or investigation of an offense
66.23shall not be a defense to a prosecution under section 609.324.
66.24EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
66.25committed on or after that date.
66.26 Sec. 13. Minnesota Statutes 2014, section 609.325, subdivision 4, is amended to read:
66.27 Subd. 4. Affirmative defense. It is an affirmative defense to a charge under section
66.28609.324
, subdivision 6 or 7, if the defendant proves by a preponderance of the evidence
66.29that the defendant is a labor trafficking victim, as defined in section609.281 , or a sex
66.30trafficking victim, as defined in section609.321 , and that the defendant committed the act
66.31only under compulsion by another who by explicit or implicit threats created a reasonable
66.32apprehension in the mind of the defendant that if the defendant did not commit the
act,
67.1the person would inflict bodily harm upon the defendant acts underlying the charge as a
67.2result of being a labor trafficking or sex trafficking victim.
67.3 Sec. 14. Minnesota Statutes 2014, section 609.3451, subdivision 1, is amended to read:
67.4 Subdivision 1. Crime defined. A person is guilty of criminal sexual conduct
67.5in the fifth degree:
67.6(1) if the person engages in nonconsensual sexual contact; or
67.7(2) the person engages in masturbation or lewd exhibition of the genitals in the
67.8presence of a minor under the age of 16, knowing or having reason to know the minor
67.9is present.
67.10For purposes of this section, "sexual contact" has the meaning given in section
67.11609.341, subdivision 11
, paragraph (a), clauses (i) and, (iv), and (v), but does not include
67.12the intentional touching of the clothing covering the immediate area of the buttocks.
67.13Sexual contact also includes the intentional removal or attempted removal of clothing
67.14covering the complainant's intimate parts or undergarments, and the nonconsensual
67.15touching by the complainant of the actor's intimate parts, effected by the actor, if the action
67.16is performed with sexual or aggressive intent.
67.17EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
67.18committed on or after that date.
67.19 Sec. 15. Minnesota Statutes 2014, section 609.3471, is amended to read:
67.20609.3471 RECORDS PERTAINING TO VICTIM IDENTITY
67.21CONFIDENTIAL.
67.22Notwithstanding any provision of law to the contrary, no data contained in records or
67.23reports relating to petitions, complaints, or indictments issued pursuant to section 609.322,
67.24609.342 ,
609.343 ,
609.344 ,
609.345 , or
609.3453 , which specifically identifies a victim
67.25who is a minor shall be accessible to the public, except by order of the court. Nothing
67.26in this section authorizes denial of access to any other data contained in the records or
67.27reports, including the identity of the defendant.
67.28 Sec. 16. Minnesota Statutes 2014, section 609.531, subdivision 1, is amended to read:
67.29 Subdivision 1. Definitions. For the purpose of sections609.531 to
609.5318 , the
67.30following terms have the meanings given them.
67.31 (a) "Conveyance device" means a device used for transportation and includes, but
67.32is not limited to, a motor vehicle, trailer, snowmobile, airplane, and vessel and any
68.1equipment attached to it. The term "conveyance device" does not include property which
68.2is, in fact, itself stolen or taken in violation of the law.
68.3 (b) "Weapon used" means a dangerous weapon as defined under section609.02,
68.4subdivision 6 , that the actor used or had in possession in furtherance of a crime.
68.5 (c) "Property" means property as defined in section609.52, subdivision 1 , clause (1).
68.6 (d) "Contraband" means property which is illegal to possess under Minnesota law.
68.7 (e) "Appropriate agency" means the Bureau of Criminal Apprehension, the
68.8Department of Commerce Fraud Bureau, the Minnesota Division of Driver and Vehicle
68.9Services, the Minnesota State Patrol, a county sheriff's department, the Three Rivers Park
68.10District park rangers, the Department of Natural Resources Division of Enforcement, the
68.11University of Minnesota Police Department, the Department of Corrections Fugitive
68.12Apprehension Unit, a city, metropolitan transit, or airport police department; or a
68.13multijurisdictional entity established under section299A.642 or
299A.681 .
68.14 (f) "Designated offense" includes:
68.15 (1) for weapons used: any violation of this chapter, chapter 152 or 624;
68.16 (2) for driver's license or identification card transactions: any violation of section
68.17171.22
; and
68.18 (3) for all other purposes: a felony violation of, or a felony-level attempt or
68.19conspiracy to violate, section325E.17 ;
325E.18 ;
609.185 ;
609.19 ;
609.195 ;
609.21 ;
68.20609.221
;
609.222 ;
609.223 ;
609.2231 ;
609.2335; 609.24 ;
609.245 ;
609.25 ;
609.255 ;
68.21609.282
;
609.283 ;
609.322 ;
609.342, subdivision 1 , clauses (a) to (f);
609.343, subdivision
68.221 , clauses (a) to (f);
609.344, subdivision 1 , clauses (a) to (e), and (h) to (j);
609.345,
68.23subdivision 1 , clauses (a) to (e), and (h) to (j);
609.352 ;
609.42 ;
609.425 ;
609.466 ;
68.24609.485
;
609.487 ;
609.52 ;
609.525 ;
609.527 ;
609.528 ;
609.53 ;
609.54 ;
609.551 ;
609.561 ;
68.25609.562
;
609.563 ;
609.582 ;
609.59 ;
609.595 ;
609.611 ;
609.631 ;
609.66, subdivision 1e ;
68.26609.671, subdivisions 3
, 4, 5, 8, and 12;
609.687 ;
609.821 ;
609.825 ;
609.86 ;
609.88 ;
68.27609.89
;
609.893 ;
609.895 ;
617.246 ;
617.247 ; or a gross misdemeanor or felony violation
68.28of section609.891 or
624.7181 ; or any violation of section
609.324 .
68.29 (g) "Controlled substance" has the meaning given in section152.01, subdivision 4 .
68.30(h) "Prosecuting authority" means the attorney who is responsible for prosecuting an
68.31offense that is the basis for a forfeiture under sections609.531 to
609.5318 .
68.32EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
68.33committed on or after that date.
68.34 Sec. 17. [609.688] ADULTERATION BY BODILY FLUID.
69.1 Subdivision 1. Definition. (a) As used in this section, the following terms have
69.2the meanings given.
69.3(b) "Adulterates" is the intentional adding of a bodily fluid to a substance.
69.4(c) "Bodily fluid" means the blood, seminal fluid, vaginal fluid, urine, or feces of
69.5a human.
69.6 Subd. 2. Crime. (a) Whoever adulterates any substance that the person knows or
69.7should know is intended for human consumption is guilty of a misdemeanor.
69.8(b) Whoever violates paragraph (a) and another person ingests the adulterated
69.9substance without knowledge of the adulteration is guilty of a gross misdemeanor.
69.10EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
69.11committed on or after that date.
69.12 Sec. 18. Minnesota Statutes 2014, section 611A.26, subdivision 1, is amended to read:
69.13 Subdivision 1. Polygraph prohibition. No law enforcement agency or prosecutor
69.14shall require that a complainant of a criminal sexual conduct or sex trafficking offense
69.15submit to a polygraph examination as part of or a condition to proceeding with the
69.16investigation, charging, or prosecution of such offense.
69.17 Sec. 19. Minnesota Statutes 2014, section 611A.26, subdivision 6, is amended to read:
69.18 Subd. 6. Definitions. For the purposes of this section, the following terms have
69.19the meanings given.
69.20 (a) "Criminal sexual conduct" means a violation of section609.342 ,
609.343 ,
69.21609.344
,
609.345 , or
609.3451 .
69.22 (b) "Sex trafficking" means a violation of section 609.322.
69.23 (c) "Complainant" means a person reporting to have been subjected to criminal
69.24sexual conduct or sex trafficking.
69.25(c) (d) "Polygraph examination" means any mechanical or electrical instrument or
69.26device of any type used or allegedly used to examine, test, or question individuals for
69.27the purpose of determining truthfulness.
69.28 Sec. 20. Minnesota Statutes 2014, section 617.242, subdivision 6, is amended to read:
69.29 Subd. 6. Restrictions on ownership or management by persons convicted of
69.30certain crimes. A person who has been convicted of one of the following offenses may
69.31not operate or manage an adult business establishment for three years after discharge of
69.32the sentence for the offense, or a similar offense in another state or jurisdiction:
70.1(1) prostitution or sex trafficking under section 609.321; 609.322; 609.324; or
70.2609.3242;
70.3(2) criminal sexual conduct under sections 609.342 to 609.3451;
70.4(3) solicitation of children under section 609.352;
70.5(4) indecent exposure under section 617.23;
70.6(5) distribution or exhibition of obscene materials and performances under section
70.7617.241;
70.8(6) use of a minor in a sexual performance under section 617.246; or
70.9(7) possession of pornographic work involving minors under section 617.247.
70.10 Sec. 21. Minnesota Statutes 2014, section 628.26, is amended to read:
70.11628.26 LIMITATIONS.
70.12(a) Indictments or complaints for any crime resulting in the death of the victim may
70.13be found or made at any time after the death of the person killed.
70.14(b) Indictments or complaints for a violation of section609.25 may be found or
70.15made at any time after the commission of the offense.
70.16(c) Indictments or complaints for violation of section609.282 may be found or made
70.17at any time after the commission of the offense if the victim was under the age of 18 at
70.18the time of the offense.
70.19(d) Indictments or complaints for violation of section609.282 where the victim
70.20was 18 years of age or older at the time of the offense, or609.42, subdivision 1 , clause
70.21(1) or (2), shall be found or made and filed in the proper court within six years after
70.22the commission of the offense.
70.23(e) Indictments or complaints for violation of sections 609.322 and609.342 to
70.24609.345
, if the victim was under the age of 18 years at the time the offense was committed,
70.25shall be found or made and filed in the proper court within the later of nine years after
70.26the commission of the offense or three years after the offense was reported to law
70.27enforcement authorities.
70.28(f) Notwithstanding the limitations in paragraph (e), indictments or complaints for
70.29violation of sections 609.322 and609.342 to
609.344 may be found or made and filed
70.30in the proper court at any time after commission of the offense, if physical evidence is
70.31collected and preserved that is capable of being tested for its DNA characteristics. If
70.32this evidence is not collected and preserved and the victim was 18 years old or older
70.33at the time of the offense, the prosecution must be commenced within nine years after
70.34the commission of the offense.
71.1(g) Indictments or complaints for violation of sections609.466 and
609.52,
71.2subdivision 2 , clause (3), item (iii), shall be found or made and filed in the proper court
71.3within six years after the commission of the offense.
71.4(h) Indictments or complaints for violation of section609.2335, 609.52, subdivision
71.52 , clause (3), items (i) and (ii), (4), (15), or (16),
609.631 , or
609.821 , where the value of
71.6the property or services stolen is more than $35,000, shall be found or made and filed in
71.7the proper court within five years after the commission of the offense.
71.8(i) Except for violations relating to false material statements, representations or
71.9omissions, indictments or complaints for violations of section609.671 shall be found or
71.10made and filed in the proper court within five years after the commission of the offense.
71.11(j) Indictments or complaints for violation of sections609.561 to
609.563 , shall
71.12be found or made and filed in the proper court within five years after the commission
71.13of the offense.
71.14(k) In all other cases, indictments or complaints shall be found or made and filed in
71.15the proper court within three years after the commission of the offense.
71.16(l) The limitations periods contained in this section shall exclude any period of time
71.17during which the defendant was not an inhabitant of or usually resident within this state.
71.18(m) The limitations periods contained in this section for an offense shall not include
71.19any period during which the alleged offender participated under a written agreement in a
71.20pretrial diversion program relating to that offense.
71.21(n) The limitations periods contained in this section shall not include any period
71.22of time during which physical evidence relating to the offense was undergoing DNA
71.23analysis, as defined in section299C.155 , unless the defendant demonstrates that the
71.24prosecuting or law enforcement agency purposefully delayed the DNA analysis process in
71.25order to gain an unfair advantage.
71.26EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
71.27committed on or after that date and to crimes committed before that date if the limitations
71.28period for the crime did not expire before August 1, 2015.
71.29 Sec. 22. Minnesota Statutes 2014, section 645.241, is amended to read:
71.30645.241 PUNISHMENT FOR PROHIBITED ACTS.
71.31(a) Except as provided in paragraph (b), When the performance of any act is
71.32prohibited by a statute, and no penalty for the violation of the same shall be imposed in
71.33any statute, the doing of such act shall be a petty misdemeanor.
72.1(b) When the performance of any act is prohibited by a statute enacted or amended
72.2after September 1, 2014, and no penalty for the violation of the same shall be imposed
in
72.3any statute, the doing of such act shall be a petty misdemeanor.
72.4EFFECTIVE DATE.This section is effective August 1, 2015, and applies to acts
72.5committed on or after that date.
72.6 Sec. 23. JACQUELYN DEVNEY AND THOMAS CONSIDINE ROADWAY
72.7SAFETY ACT.
72.8Sections 3 and 4 may be cited as the Jacquelyn Devney and Thomas Considine
72.9Roadway Safety Act.
72.12 Section 1. Minnesota Statutes 2014, section 12.221, subdivision 6, is amended to read:
72.13 Subd. 6. Disaster assistance contingency account; appropriation. (a) A disaster
72.14assistance contingency account is created in the special revenue fund in the state treasury.
72.15Money in the disaster assistance contingency account is appropriated to the commissioner
72.16of public safety to provide:
72.17(1) cost-share for federal assistance under section12A.15, subdivision 1 ; and
72.18(2) state public disaster assistance to eligible applicants under chapter 12B.;
72.19(3) cost-share for federal assistance from the Federal Highway Administration
72.20emergency relief program under United States Code, title 23, section 125; and
72.21(4) cost-share for federal assistance from the United States Department of
72.22Agriculture, Natural Resources Conservation Service emergency watershed protection
72.23program under United States Code, title 16, sections 2203 to 2205.
72.24(b) For appropriations under paragraph (a), clause (1), the amount appropriated is
72.25100 percent of any nonfederal share for state agencies and local governments. Money
72.26appropriated under paragraph (a), clause (1), may be used to pay all or a portion of the
72.27nonfederal share for publicly owned capital improvement projects.
72.28(c) For appropriations under paragraph (a), clause (2), the amount appropriated
72.29is the amount required to pay eligible claims under chapter 12B, as certified by the
72.30commissioner of public safety.
72.31(d) By January 15 of each year, the commissioner of management and budget shall
72.32submit a report to the chairs and ranking minority members of the house of representatives
72.33Ways and Means Committee and the senate Finance Committee detailing state disaster
73.1assistance appropriations and expenditures under this subdivision during the previous
73.2calendar year.
73.3(e) The governor's budget proposal submitted to the legislature under section16A.11
73.4must include recommended appropriations to the disaster assistance contingency account.
73.5The governor's appropriation recommendations must be informed by the commissioner of
73.6public safety's estimate of the amount of money that will be necessary to:
73.7(1) provide 100 percent of the nonfederal share for state agencies and local
73.8governments that will receive federal financial assistance from FEMA during the next
73.9biennium; and
73.10(2) fully pay all eligible claims under chapter 12B.
73.11(f) Notwithstanding section16A.28 :
73.12(1) funds appropriated or transferred to the disaster assistance contingency account
73.13do not lapse but remain in the account until appropriated; and
73.14(2) funds appropriated from the disaster assistance contingency account do not lapse
73.15and are available until expended.
73.16 Sec. 2. Minnesota Statutes 2014, section 12B.15, subdivision 2, is amended to read:
73.17 Subd. 2. Applicant. "Applicant" means a local government or state government
73.18agency that applies for state disaster assistance under this chapter.
73.19 Sec. 3. Minnesota Statutes 2014, section 12B.15, is amended by adding a subdivision
73.20to read:
73.21 Subd. 3a. County. "County" or "county government" means each county in which
73.22a governmental unit is located in whole or in part, or a county board of commissioners
73.23as defined in chapter 375.
73.24 Sec. 4. Minnesota Statutes 2014, section 12B.25, subdivision 1, is amended to read:
73.25 Subdivision 1. Payment required; eligibility criteria. The director, serving as
73.26the governor's authorized representative, may enter into grant agreements with eligible
73.27applicants to provide state financial assistance made available as a result of a disaster
73.28that satisfies all of the following criteria:
73.29(1) the state or applicablelocal county government declares a disaster or emergency
73.30during the incident period;
73.31(2) damages suffered and eligible costs incurred are the direct result of the disaster;
73.32(3) federal disaster assistance is not available to the applicant because the governor
73.33did not request a presidential declaration of major disaster, the president denied the
74.1governor's request, or the applicant is not eligible for federal disaster assistance because
74.2the state or county did not meet the per capita impact indicator under FEMA's Public
74.3Assistance Program;
74.4(4) the applicant incurred eligible damages that, on a per capita basis, equal or
74.5exceed 50 percent of the countywide per capita impact indicator under FEMA's Public
74.6Assistance Program;
74.7(5) the applicant assumes responsibility for 25 percent of the applicant's total
74.8eligible costs; and
74.9(6) the applicant satisfies all requirements in this chapter.
74.10 Sec. 5. Minnesota Statutes 2014, section 12B.40, is amended to read:
74.1112B.40 APPLICATION PROCESS.
74.12(a) The director must develop application materials and may update the materials as
74.13needed. Application materials must include instructions and requirements for assistance
74.14under this chapter.
74.15(b)An applicant A county government has 30 days from the end of the incident
74.16period or the president's official denial of the governor's request for a declaration of a
74.17major disaster toprovide the director with written notice of intent to apply request that
74.18the governor declare a state disaster. The director may denyan application due to a late
74.19notice of intent to apply a late request. The county government's request for a state
74.20disaster declaration must include:
74.21(1) the cause, location of damage, and incident period;
74.22(2) documentation of a local, tribal, county, or state disaster or emergency
74.23declaration in response to the disaster;
74.24(3) a description of damages, an initial damage assessment, and the amount of
74.25eligible costs incurred by the applicant;
74.26(4) a statement or evidence that the applicant has the ability to pay for at least 25
74.27percent of total eligible costs incurred from the disaster; and
74.28(5) a statement or evidence that the local government has incurred damages equal to
74.29or exceeding 50 percent of the federal countywide threshold in effect during the incident
74.30period.
74.31(c)Within An applicant has 60 days after the end of the incident period or the
74.32president's official denial of from the governor's request for a declaration of a major state
74.33disaster, the applicant must to submit a complete application for state public disaster
74.34assistance to the director.A complete application includes the following:
74.35(1) the cause, location of damage, and incident period;
75.1(2) documentation of a local, tribal, county, or state disaster or emergency
75.2declaration in response to the disaster;
75.3(3) a description of damages, an initial damage assessment, and the amount of
75.4eligible costs incurred by the applicant;
75.5(4) a statement or evidence that the applicant has the ability to pay for at least
25
75.6percent of total eligible costs incurred from the disaster; and
75.7(5) a statement or evidence that the local government has incurred damages equal to
75.8or exceeding 50 percent of the federal countywide threshold in effect during the incident
75.9period.
75.10(d) The director must review the application and supporting documentation for
75.11completeness and may return the application with a request for more detailed information.
75.12The director may consult with local public officials to ensure the application reflects the
75.13extent and magnitude of the damage and to reconcile any differences. The application is
75.14not complete until the director receives all requested information.
75.15(e) If the director returns an application with a request for more detailed information
75.16or for correction of deficiencies, the applicant must submit all required information within
75.1730 days of the applicant's receipt of the director's request. The applicant's failure to
75.18provide the requested information in a timely manner without a reasonable explanation
75.19may be cause for denial of the application.
75.20(f) The director has no more than 60 days from the receipt of a complete application
75.21to approve or deny the application, or the application is deemed approved. If the director
75.22denies an application, the director must send a denial letter. If the director approves an
75.23application or the application is automatically deemed approved after 60 days, the director
75.24must notify the applicant of the steps necessary to obtain reimbursement of eligible
75.25costs, including submission of invoices or other documentation substantiating the costs
75.26submitted for reimbursement.
75.29 Section 1. Minnesota Statutes 2014, section 152.02, subdivision 2, is amended to read:
75.30 Subd. 2. Schedule I. (a) Schedule I consists of the substances listed in this
75.31subdivision.
75.32(b) Opiates. Unless specifically excepted or unless listed in another schedule, any of
75.33the following substances, including their analogs, isomers, esters, ethers, salts, and salts
75.34of isomers, esters, and ethers, whenever the existence of the analogs, isomers, esters,
75.35ethers, and salts is possible:
76.1(1) acetylmethadol;
76.2(2) allylprodine;
76.3(3) alphacetylmethadol (except levo-alphacetylmethadol, also known as
76.4levomethadyl acetate);
76.5(4) alphameprodine;
76.6(5) alphamethadol;
76.7(6) alpha-methylfentanyl benzethidine;
76.8(7) betacetylmethadol;
76.9(8) betameprodine;
76.10(9) betamethadol;
76.11(10) betaprodine;
76.12(11) clonitazene;
76.13(12) dextromoramide;
76.14(13) diampromide;
76.15(14) diethyliambutene;
76.16(15) difenoxin;
76.17(16) dimenoxadol;
76.18(17) dimepheptanol;
76.19(18) dimethyliambutene;
76.20(19) dioxaphetyl butyrate;
76.21(20) dipipanone;
76.22(21) ethylmethylthiambutene;
76.23(22) etonitazene;
76.24(23) etoxeridine;
76.25(24) furethidine;
76.26(25) hydroxypethidine;
76.27(26) ketobemidone;
76.28(27) levomoramide;
76.29(28) levophenacylmorphan;
76.30(29) 3-methylfentanyl;
76.31(30) acetyl-alpha-methylfentanyl;
76.32(31) alpha-methylthiofentanyl;
76.33(32) benzylfentanyl beta-hydroxyfentanyl;
76.34(33) beta-hydroxy-3-methylfentanyl;
76.35(34) 3-methylthiofentanyl;
76.36(35) thenylfentanyl;
77.1(36) thiofentanyl;
77.2(37) para-fluorofentanyl;
77.3(38) morpheridine;
77.4(39) 1-methyl-4-phenyl-4-propionoxypiperidine;
77.5(40) noracymethadol;
77.6(41) norlevorphanol;
77.7(42) normethadone;
77.8(43) norpipanone;
77.9(44) 1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine (PEPAP);
77.10(45) phenadoxone;
77.11(46) phenampromide;
77.12(47) phenomorphan;
77.13(48) phenoperidine;
77.14(49) piritramide;
77.15(50) proheptazine;
77.16(51) properidine;
77.17(52) propiram;
77.18(53) racemoramide;
77.19(54) tilidine;
77.20(55) trimeperidine;
77.21(56) N-(1-Phenethylpiperidin-4-yl)-N-phenylacetamide (acetyl fentanyl).
77.22(c) Opium derivatives. Any of the following substances, their analogs, salts, isomers,
77.23and salts of isomers, unless specifically excepted or unless listed in another schedule,
77.24whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
77.25(1) acetorphine;
77.26(2) acetyldihydrocodeine;
77.27(3) benzylmorphine;
77.28(4) codeine methylbromide;
77.29(5) codeine-n-oxide;
77.30(6) cyprenorphine;
77.31(7) desomorphine;
77.32(8) dihydromorphine;
77.33(9) drotebanol;
77.34(10) etorphine;
77.35(11) heroin;
77.36(12) hydromorphinol;
78.1(13) methyldesorphine;
78.2(14) methyldihydromorphine;
78.3(15) morphine methylbromide;
78.4(16) morphine methylsulfonate;
78.5(17) morphine-n-oxide;
78.6(18) myrophine;
78.7(19) nicocodeine;
78.8(20) nicomorphine;
78.9(21) normorphine;
78.10(22) pholcodine;
78.11(23) thebacon.
78.12(d) Hallucinogens. Any material, compound, mixture or preparation which contains
78.13any quantity of the following substances, their analogs, salts, isomers (whether optical,
78.14positional, or geometric), and salts of isomers, unless specifically excepted or unless listed
78.15in another schedule, whenever the existence of the analogs, salts, isomers, and salts of
78.16isomers is possible:
78.17(1) methylenedioxy amphetamine;
78.18(2) methylenedioxymethamphetamine;
78.19(3) methylenedioxy-N-ethylamphetamine (MDEA);
78.20(4) n-hydroxy-methylenedioxyamphetamine;
78.21(5) 4-bromo-2,5-dimethoxyamphetamine (DOB);
78.22(6) 2,5-dimethoxyamphetamine (2,5-DMA);
78.23(7) 4-methoxyamphetamine;
78.24(8) 5-methoxy-3, 4-methylenedioxyamphetamine;
78.25(9) alpha-ethyltryptamine;
78.26(10) bufotenine;
78.27(11) diethyltryptamine;
78.28(12) dimethyltryptamine;
78.29(13) 3,4,5-trimethoxyamphetamine;
78.30(14) 4-methyl-2, 5-dimethoxyamphetamine (DOM);
78.31(15) ibogaine;
78.32(16) lysergic acid diethylamide (LSD);
78.33(17) mescaline;
78.34(18) parahexyl;
78.35(19) N-ethyl-3-piperidyl benzilate;
78.36(20) N-methyl-3-piperidyl benzilate;
79.1(21) psilocybin;
79.2(22) psilocyn;
79.3(23) tenocyclidine (TPCP or TCP);
79.4(24) N-ethyl-1-phenyl-cyclohexylamine (PCE);
79.5(25) 1-(1-phenylcyclohexyl) pyrrolidine (PCPy);
79.6(26) 1-[1-(2-thienyl)cyclohexyl]-pyrrolidine (TCPy);
79.7(27) 4-chloro-2,5-dimethoxyamphetamine (DOC);
79.8(28) 4-ethyl-2,5-dimethoxyamphetamine (DOET);
79.9(29) 4-iodo-2,5-dimethoxyamphetamine (DOI);
79.10(30) 4-bromo-2,5-dimethoxyphenethylamine (2C-B);
79.11(31) 4-chloro-2,5-dimethoxyphenethylamine (2C-C);
79.12(32) 4-methyl-2,5-dimethoxyphenethylamine (2C-D);
79.13(33) 4-ethyl-2,5-dimethoxyphenethylamine (2C-E);
79.14(34) 4-iodo-2,5-dimethoxyphenethylamine (2C-I);
79.15(35) 4-propyl-2,5-dimethoxyphenethylamine (2C-P);
79.16(36) 4-isopropylthio-2,5-dimethoxyphenethylamine (2C-T-4);
79.17(37) 4-propylthio-2,5-dimethoxyphenethylamine (2C-T-7);
79.18(38) 2-(8-bromo-2,3,6,7-tetrahydrofuro [2,3-f][1]benzofuran-4-yl)ethanamine
79.19(2-CB-FLY);
79.20(39) bromo-benzodifuranyl-isopropylamine (Bromo-DragonFLY);
79.21(40) alpha-methyltryptamine (AMT);
79.22(41) N,N-diisopropyltryptamine (DiPT);
79.23(42) 4-acetoxy-N,N-dimethyltryptamine (4-AcO-DMT);
79.24(43) 4-acetoxy-N,N-diethyltryptamine (4-AcO-DET);
79.25(44) 4-hydroxy-N-methyl-N-propyltryptamine (4-HO-MPT);
79.26(45) 4-hydroxy-N,N-dipropyltryptamine (4-HO-DPT);
79.27(46) 4-hydroxy-N,N-diallyltryptamine (4-HO-DALT);
79.28(47) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT);
79.29(48) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DiPT);
79.30(49) 5-methoxy-α-methyltryptamine (5-MeO-AMT);
79.31(50) 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT);
79.32(51) 5-methylthio-N,N-dimethyltryptamine (5-MeS-DMT);
79.33(52) 5-methoxy-N-methyl-N-propyltryptamine (5-MeO-MiPT);
79.34(53) 5-methoxy-α-ethyltryptamine (5-MeO-AET);
79.35(54) 5-methoxy-N,N-dipropyltryptamine (5-MeO-DPT);
79.36(55) 5-methoxy-N,N-diethyltryptamine (5-MeO-DET);
80.1(56) 5-methoxy-N,N-diallyltryptamine (5-MeO-DALT);
80.2(57) methoxetamine (MXE);
80.3(58) 5-iodo-2-aminoindane (5-IAI);
80.4(59) 5,6-methylenedioxy-2-aminoindane (MDAI);
80.5(60) 2-(4-iodo-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine
80.6(60) 2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine
80.7(25B-NBOMe);
80.8(61) 2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine
80.9(25C-NBOMe);
80.10(62) 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine
80.11(25I-NBOMe).;
80.12(63) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);
80.13(64) 2-(4-Ethylthio-2,5-dimethoxyphenyl)ethanamine (2C-T-2);
80.14(e) Peyote. All parts of the plant presently classified botanically as Lophophora
80.15williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part
80.16of the plant, and every compound, manufacture, salts, derivative, mixture, or preparation
80.17of the plant, its seeds or extracts. The listing of peyote as a controlled substance in
80.18Schedule I does not apply to the nondrug use of peyote in bona fide religious ceremonies
80.19of the American Indian Church, and members of the American Indian Church are exempt
80.20from registration. Any person who manufactures peyote for or distributes peyote to the
80.21American Indian Church, however, is required to obtain federal registration annually and
80.22to comply with all other requirements of law.
80.23(f) Central nervous system depressants. Unless specifically excepted or unless listed
80.24in another schedule, any material compound, mixture, or preparation which contains any
80.25quantity of the following substances, their analogs, salts, isomers, and salts of isomers
80.26whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
80.27(1) mecloqualone;
80.28(2) methaqualone;
80.29(3) gamma-hydroxybutyric acid (GHB), including its esters and ethers;
80.30(4) flunitrazepam.
80.31(g) Stimulants. Unless specifically excepted or unless listed in another schedule, any
80.32material compound, mixture, or preparation which contains any quantity of the following
80.33substances, their analogs, salts, isomers, and salts of isomers whenever the existence of
80.34the analogs, salts, isomers, and salts of isomers is possible:
80.35 (1) aminorex;
80.36(2) cathinone;
81.1(3) fenethylline;
81.2 (4) methcathinone;
81.3(5) methylaminorex;
81.4(6) N,N-dimethylamphetamine;
81.5(7) N-benzylpiperazine (BZP);
81.6(8) methylmethcathinone (mephedrone);
81.7(9) 3,4-methylenedioxy-N-methylcathinone (methylone);
81.8(10) methoxymethcathinone (methedrone);
81.9(11) methylenedioxypyrovalerone (MDPV);
81.10(12)fluoromethcathinone 3-fluoro-N-methylcathinone (3-FMC);
81.11(13) methylethcathinone (MEC);
81.12(14) 1-benzofuran-6-ylpropan-2-amine (6-APB);
81.13(15) dimethylmethcathinone (DMMC);
81.14(16) fluoroamphetamine;
81.15(17) fluoromethamphetamine;
81.16(18) α-methylaminobutyrophenone (MABP or buphedrone);
81.17(19)β-keto-N-methylbenzodioxolylpropylamine (bk-MBDB or butylone)
81.181-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one (butylone);
81.19(20) 2-(methylamino)-1-(4-methylphenyl)butan-1-one (4-MEMABP or BZ-6378);
81.20(21)naphthylpyrovalerone (naphyrone) 1-(naphthalen-2-yl)-2-(pyrrolidin-1-yl)
81.21pentan-1-one (naphthylpyrovalerone or naphyrone);
81.22(22)(RS)-1-phenyl-2-(1-pyrrolidinyl)-1-pentanone (alpha-PVP or
81.23alpha-pyrrolidinovalerophenone (alpha-pyrrolidinopentiophenone (alpha-PVP);
81.24(23) (RS)-1-(4-methylphenyl)-2-(1-pyrrolidinyl)-1-hexanone (4-Me-PHP or
81.25MPHP);and
81.26(24) 2-(1-pyrrolidinyl)-hexanophenone (Alpha-PHP);
81.27(25) 4-methyl-N-ethylcathinone (4-MEC);
81.28(26) 4-methyl-alpha-pyrrolidinopropiophenone (4-MePPP);
81.29(27) 2-(methylamino)-1-phenylpentan-1-one (pentedrone);
81.30(28) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one (pentylone);
81.31(29) 4-fluoro-N-methylcathinone (4-FMC);
81.32(30) 3,4-methylenedioxy-N-ethylcathinone (ethylone);
81.33(31) alpha-pyrrolidinobutiophenone (α-PBP);
81.34(32) 5-(2-Aminopropyl)-2,3-dihydrobenzofuran (5-APDB);
81.35(33) 6-(2-Aminopropyl)-2,3-dihydrobenzofuran (6-APDB); and
82.1(24) (34) any other substance, except bupropion or compounds listed under a
82.2different schedule, that is structurally derived from 2-aminopropan-1-one by substitution
82.3at the 1-position with either phenyl, naphthyl, or thiophene ring systems, whether or not
82.4the compound is further modified in any of the following ways:
82.5(i) by substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy,
82.6haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring
82.7system by one or more other univalent substituents;
82.8(ii) by substitution at the 3-position with an acyclic alkyl substituent;
82.9(iii) by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or
82.10methoxybenzyl groups; or
82.11(iv) by inclusion of the 2-amino nitrogen atom in a cyclic structure.
82.12(h) Marijuana, tetrahydrocannabinols, and synthetic cannabinoids. Unless
82.13specifically excepted or unless listed in another schedule, any natural or synthetic material,
82.14compound, mixture, or preparation that contains any quantity of the following substances,
82.15their analogs, isomers, esters, ethers, salts, and salts of isomers, esters, and ethers,
82.16whenever the existence of the isomers, esters, ethers, or salts is possible:
82.17(1) marijuana;
82.18(2) tetrahydrocannabinols naturally contained in a plant of the genus Cannabis,
82.19synthetic equivalents of the substances contained in the cannabis plant or in the
82.20resinous extractives of the plant, or synthetic substances with similar chemical structure
82.21and pharmacological activity to those substances contained in the plant or resinous
82.22extract, including, but not limited to, 1 cis or trans tetrahydrocannabinol, 6 cis or trans
82.23tetrahydrocannabinol, and 3,4 cis or trans tetrahydrocannabinol;
82.24(3) synthetic cannabinoids, including the following substances:
82.25(i) Naphthoylindoles, which are any compounds containing a 3-(1-napthoyl)indole
82.26structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
82.27alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
82.282-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any
82.29extent and whether or not substituted in the naphthyl ring to any extent. Examples of
82.30naphthoylindoles include, but are not limited to:
82.31(A) 1-Pentyl-3-(1-naphthoyl)indole (JWH-018 and AM-678);
82.32(B) 1-Butyl-3-(1-naphthoyl)indole (JWH-073);
82.33(C) 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole (JWH-081);
82.34(D) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);
82.35(E) 1-Propyl-2-methyl-3-(1-naphthoyl)indole (JWH-015);
82.36(F) 1-Hexyl-3-(1-naphthoyl)indole (JWH-019);
83.1(G) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122);
83.2(H) 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole (JWH-210);
83.3(I) 1-Pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398);
83.4(J) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM-2201).
83.5(ii) Napthylmethylindoles, which are any compounds containing a
83.61H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom
83.7of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
83.81-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further
83.9substituted in the indole ring to any extent and whether or not substituted in the naphthyl
83.10ring to any extent. Examples of naphthylmethylindoles include, but are not limited to:
83.11(A) 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane (JWH-175);
83.12(B) 1-Pentyl-1H-indol-3-yl-(4-methyl-1-naphthyl)methane (JWH-184).
83.13(iii) Naphthoylpyrroles, which are any compounds containing a
83.143-(1-naphthoyl)pyrrole structure with substitution at the nitrogen atom of the
83.15pyrrole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
83.161-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not
83.17further substituted in the pyrrole ring to any extent, whether or not substituted in the
83.18naphthyl ring to any extent. Examples of naphthoylpyrroles include, but are not limited to,
83.19(5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1-ylmethanone (JWH-307).
83.20(iv) Naphthylmethylindenes, which are any compounds containing a
83.21naphthylideneindene structure with substitution at the 3-position of the indene
83.22ring by an allkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
83.231-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further
83.24substituted in the indene ring to any extent, whether or not substituted in the naphthyl
83.25ring to any extent. Examples of naphthylemethylindenes include, but are not limited to,
83.26E-1-[1-(1-naphthalenylmethylene)-1H-inden-3-yl]pentane (JWH-176).
83.27(v) Phenylacetylindoles, which are any compounds containing a 3-phenylacetylindole
83.28structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
83.29alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
83.302-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to
83.31any extent, whether or not substituted in the phenyl ring to any extent. Examples of
83.32phenylacetylindoles include, but are not limited to:
83.33(A) 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (RCS-8);
83.34(B) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250);
83.35(C) 1-pentyl-3-(2-methylphenylacetyl)indole (JWH-251);
83.36(D) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203).
84.1(vi) Cyclohexylphenols, which are compounds containing a
84.22-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position
84.3of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
84.41-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not
84.5substituted in the cyclohexyl ring to any extent. Examples of cyclohexylphenols include,
84.6but are not limited to:
84.7(A) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP 47,497);
84.8(B) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol
84.9(Cannabicyclohexanol or CP 47,497 C8 homologue);
84.10(C) 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl]
84.11-phenol (CP 55,940).
84.12(vii) Benzoylindoles, which are any compounds containing a 3-(benzoyl)indole
84.13structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
84.14alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
84.152-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to
84.16any extent and whether or not substituted in the phenyl ring to any extent. Examples of
84.17benzoylindoles include, but are not limited to:
84.18(A) 1-Pentyl-3-(4-methoxybenzoyl)indole (RCS-4);
84.19(B) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694);
84.20(C) (4-methoxyphenyl-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-yl]methanone
84.21(WIN 48,098 or Pravadoline).
84.22(viii) Others specifically named:
84.23(A) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)
84.24-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (HU-210);
84.25(B) (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)
84.26-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (Dexanabinol or HU-211);
84.27(C) 2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]
84.28-1,4-benzoxazin-6-yl-1-naphthalenylmethanone (WIN 55,212-2);
84.29(D) (1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (UR-144);
84.30(E) (1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone
84.31(XLR-11);
84.32(F) 1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indazole-3-carboxamide
84.33(AKB-48(APINACA));
84.34(G) N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide
84.35(5-Fluoro-AKB-48);
84.36(H) 1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid (PB-22);
85.1(I) 8-quinolinyl ester-1-(5-fluoropentyl)-1H-indole-3-carboxylic acid (5-Fluoro
85.2PB-22);
85.3(J) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-pentyl-1H-indazole-
85.43-carboxamide (AB-PINACA);
85.5(K) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-[(4-fluorophenyl)methyl]-
85.61H-indazole-3-carboxamide (AB-FUBINACA).;
85.7(L) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-(cyclohexylmethyl)-1H-
85.8indazole-3-carboxamide(AB-CHMINACA);
85.9(M) (S)-methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3-
85.10methylbutanoate (5-fluoro-AMB);
85.11(N) [1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl) methanone (THJ-2201);
85.12(O) (1-(5-fluoropentyl)-1H-benzo[d]imidazol-2-yl)(naphthalen-1-yl)methanone)
85.13(FUBIMINA);
85.14(P) (7-methoxy-1-(2-morpholinoethyl)-N-((1S,2S,4R)-1,3,3-trimethylbicyclo
85.15[2.2.1]heptan-2-yl)-1H-indole-3-carboxamide (MN-25 or UR-12);
85.16(Q) (S)-N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)
85.17-1H-indole-3-carboxamide (5-fluoro-ABICA);
85.18(R) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl)
85.19-1H-indole-3-carboxamide;
85.20(S) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl)
85.21-1H-indazole-3-carboxamide; and
85.22(T) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)
85.23-3,3-dimethylbutanoate.
85.24(i) A controlled substance analog, to the extent that it is implicitly or explicitly
85.25intended for human consumption.
85.26 Sec. 2. Minnesota Statutes 2014, section 152.02, subdivision 3, is amended to read:
85.27 Subd. 3. Schedule II. (a) Schedule II consists of the substances listed in this
85.28subdivision.
85.29(b) Unless specifically excepted or unless listed in another schedule, any of
85.30the following substances whether produced directly or indirectly by extraction from
85.31substances of vegetable origin or independently by means of chemical synthesis, or by a
85.32combination of extraction and chemical synthesis:
85.33(1) Opium and opiate, and any salt, compound, derivative, or preparation of opium
85.34or opiate.
85.35(i) Excluding:
86.1(A) apomorphine;
86.2(B) thebaine-derived butorphanol;
86.3(C) dextrophan;
86.4(D) nalbuphine;
86.5(E) nalmefene;
86.6(F) naloxegol;
86.7(F) (G) naloxone;
86.8(G) (H) naltrexone; and
86.9(H) and (I) their respective salts;
86.10(ii) but including the following:
86.11(A) opium, in all forms and extracts;
86.12(B) codeine;
86.13(C) dihydroetorphine;
86.14(D) ethylmorphine;
86.15(E) etorphine hydrochloride;
86.16(F) hydrocodone;
86.17(G) hydromorphone;
86.18(H) metopon;
86.19(I) morphine;
86.20(J) oxycodone;
86.21(K) oxymorphone;
86.22(L) thebaine;
86.23(M) oripavine;
86.24(2) any salt, compound, derivative, or preparation thereof which is chemically
86.25equivalent or identical with any of the substances referred to in clause (1), except that
86.26these substances shall not include the isoquinoline alkaloids of opium;
86.27(3) opium poppy and poppy straw;
86.28(4) coca leaves and any salt, cocaine compound, derivative, or preparation of coca
86.29leaves (including cocaine and ecgonine and their salts, isomers, derivatives, and salts
86.30of isomers and derivatives), and any salt, compound, derivative, or preparation thereof
86.31which is chemically equivalent or identical with any of these substances, except that the
86.32substances shall not include decocainized coca leaves or extraction of coca leaves, which
86.33extractions do not contain cocaine or ecgonine;
86.34(5) concentrate of poppy straw (the crude extract of poppy straw in either liquid,
86.35solid, or powder form which contains the phenanthrene alkaloids of the opium poppy).
87.1(c) Any of the following opiates, including their isomers, esters, ethers, salts, and
87.2salts of isomers, esters and ethers, unless specifically excepted, or unless listed in another
87.3schedule, whenever the existence of such isomers, esters, ethers and salts is possible
87.4within the specific chemical designation:
87.5(1) alfentanil;
87.6(2) alphaprodine;
87.7(3) anileridine;
87.8(4) bezitramide;
87.9(5) bulk dextropropoxyphene (nondosage forms);
87.10(6) carfentanil;
87.11(7) dihydrocodeine;
87.12(8) dihydromorphinone;
87.13(9) diphenoxylate;
87.14(10) fentanyl;
87.15(11) isomethadone;
87.16(12) levo-alpha-acetylmethadol (LAAM);
87.17(13) levomethorphan;
87.18(14) levorphanol;
87.19(15) metazocine;
87.20(16) methadone;
87.21(17) methadone - intermediate, 4-cyano-2-dimethylamino-4, 4-diphenylbutane;
87.22(18) moramide - intermediate, 2-methyl-3-morpholino-1,
87.231-diphenyl-propane-carboxylic acid;
87.24(19) pethidine;
87.25(20) pethidine - intermediate - a, 4-cyano-1-methyl-4-phenylpiperidine;
87.26(21) pethidine - intermediate - b, ethyl-4-phenylpiperidine-4-carboxylate;
87.27(22) pethidine - intermediate - c, 1-methyl-4-phenylpiperidine-4-carboxylic acid;
87.28(23) phenazocine;
87.29(24) piminodine;
87.30(25) racemethorphan;
87.31(26) racemorphan;
87.32(27) remifentanil;
87.33(28) sufentanil;
87.34(29) tapentadol.;
87.35(30) 4-Anilino-N-phenethyl-4-piperidine (ANPP).
88.1(d) Unless specifically excepted or unless listed in another schedule, any material,
88.2compound, mixture, or preparation which contains any quantity of the following
88.3substances having a stimulant effect on the central nervous system:
88.4(1) amphetamine, its salts, optical isomers, and salts of its optical isomers;
88.5(2) methamphetamine, its salts, isomers, and salts of its isomers;
88.6(3) phenmetrazine and its salts;
88.7(4) methylphenidate;
88.8(5) lisdexamfetamine.
88.9(e) Unless specifically excepted or unless listed in another schedule, any material,
88.10compound, mixture, or preparation which contains any quantity of the following
88.11substances having a depressant effect on the central nervous system, including its salts,
88.12isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of
88.13isomers is possible within the specific chemical designation:
88.14(1) amobarbital;
88.15(2) glutethimide;
88.16(3) secobarbital;
88.17(4) pentobarbital;
88.18(5) phencyclidine;
88.19(6) phencyclidine immediate precursors:
88.20(i) 1-phenylcyclohexylamine;
88.21(ii) 1-piperidinocyclohexanecarbonitrile;
88.22(7) phenylacetone.
88.23(f) Hallucinogenic substances: nabilone.
88.24 Sec. 3. Minnesota Statutes 2014, section 152.02, subdivision 4, is amended to read:
88.25 Subd. 4. Schedule III. (a) Schedule III consists of the substances listed in this
88.26subdivision.
88.27(b) Stimulants. Unless specifically excepted or unless listed in another schedule,
88.28any material, compound, mixture, or preparation which contains any quantity of the
88.29following substances having a potential for abuse associated with a stimulant effect on the
88.30central nervous system, including its salts, isomers, and salts of such isomers whenever
88.31the existence of such salts, isomers, and salts of isomers is possible within the specific
88.32chemical designation:
88.33(1) benzphetamine;
88.34(2) chlorphentermine;
88.35(3) clortermine;
89.1(4) phendimetrazine.
89.2(c) Depressants. Unless specifically excepted or unless listed in another schedule,
89.3any material, compound, mixture, or preparation which contains any quantity of the
89.4following substances having a potential for abuse associated with a depressant effect on
89.5the central nervous system:
89.6(1) any compound, mixture, or preparation containing amobarbital, secobarbital,
89.7pentobarbital or any salt thereof and one or more other active medicinal ingredients which
89.8are not listed in any schedule;
89.9(2) any suppository dosage form containing amobarbital, secobarbital, pentobarbital,
89.10or any salt of any of these drugs and approved by the food and drug administration for
89.11marketing only as a suppository;
89.12(3) any substance which contains any quantity of a derivative of barbituric acid, or
89.13any salt of a derivative of barbituric acid, except those substances which are specifically
89.14listed in other schedules;
89.15(4) any drug product containing gamma hydroxybutyric acid, including its salts,
89.16isomers, and salts of isomers, for which an application is approved under section 505 of
89.17the federal Food, Drug, and Cosmetic Act;
89.18(5) any of the following substances:
89.19(i) chlorhexadol;
89.20(ii) ketamine, its salts, isomers and salts of isomers;
89.21(iii) lysergic acid;
89.22(iv) lysergic acid amide;
89.23(v) methyprylon;
89.24(vi) sulfondiethylmethane;
89.25(vii) sulfonenthylmethane;
89.26(viii) sulfonmethane;
89.27(ix) tiletamine and zolazepam and any salt thereof;
89.28(x) embutramide.;
89.29(xi) Perampanel [2-(2-oxo-1-phenyl-5-pyridin-2-yl-1,2-Dihydropyridin-3-yl)
89.30benzonitrile].
89.31(d) Nalorphine.
89.32(e) Narcotic drugs. Unless specifically excepted or unless listed in another schedule,
89.33any material, compound, mixture, or preparation containing any of the following narcotic
89.34drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities
89.35as follows:
90.1(1) not more than 1.80 grams of codeine per 100 milliliters or not more than 90
90.2milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid
90.3of opium;
90.4(2) not more than 1.80 grams of codeine per 100 milliliters or not more than 90
90.5milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized
90.6therapeutic amounts;
90.7(3) not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not
90.8more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an
90.9isoquinoline alkaloid of opium;
90.10(4) not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not
90.11more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients
90.12in recognized therapeutic amounts;
90.13(5) (3) not more than 1.80 grams of dihydrocodeine per 100 milliliters or not more
90.14than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in
90.15recognized therapeutic amounts;
90.16(6) (4) not more than 300 milligrams of ethylmorphine per 100 milliliters or not
90.17more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients
90.18in recognized therapeutic amounts;
90.19(7) (5) not more than 500 milligrams of opium per 100 milliliters or per 100 grams,
90.20or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic
90.21ingredients in recognized therapeutic amounts;
90.22(8) (6) not more than 50 milligrams of morphine per 100 milliliters or per 100 grams
90.23with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
90.24(f) Anabolic steroidsand, human growth hormone, and chorionic gonadotropin.
90.25(1) Anabolic steroids, for purposes of this subdivision, means any drug or hormonal
90.26substance, chemically and pharmacologically related to testosterone, other than estrogens,
90.27progestins, corticosteroids, and dehydroepiandrosterone, and includes:
90.28(i) 3[beta],17[beta]-dihydroxy-5[alpha]-androstane;
90.29(ii) 3[alpha],17[beta]-dihydroxy-5[alpha]-androstane;
90.30(iii) androstanedione (5[alpha]-androstan-3,17-dione);
90.31(iv) 1-androstenediol (3[beta],17[beta]-dihydroxy-5[alpha]-androst-l-ene;
90.32(v) 3[alpha],17[beta]-dihydroxy-5[alpha]-androst-1-ene);
90.33(vi) 4-androstenediol (3[beta],17[beta]-dihydroxy-androst-4-ene);
90.34(vii) 5-androstenediol (3[beta],17[beta]-dihydroxy-androst-5-ene);
90.35(viii) 1-androstenedione (5[alpha]-androst-1-en-3,17-dione);
90.36(ix) 4-androstenedione (androst-4-en-3,17-dione);
91.1(x) 5-androstenedione (androst-5-en-3,17-dione);
91.2(xi) bolasterone (7[alpha],17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one);
91.3(xii) boldenone (17[beta]-hydroxyandrost-1,4-diene-3-one);
91.4(xiii) boldione (androsta-1,4-diene-3,17-dione);
91.5(xiv) calusterone (7[beta],17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one);
91.6(xv) clostebol (4-chloro-17[beta]-hydroxyandrost-4-en-3-one);
91.7(xvi) dehydrochloromethyltestosterone
91.8(4-chloro-17[beta]-hydroxy-17[alpha]-methylandrost-1,4-dien-3-one);
91.9(xvii) desoxymethyltestosterone
91.10(17[alpha]-methyl-5[alpha]-androst-2-en-17[beta]-ol);
91.11(xviii) [delta]1-dihydrotestosterone-
91.12(17[beta]-hydroxy-5[alpha]-androst-1-en-3-one);
91.13(xix) 4-dihydrotestosterone (17[beta]-hydroxy-androstan-3-one);
91.14(xx) drostanolone (17[beta]hydroxy-2[alpha]-methyl-5[alpha]-androstan-3-one);
91.15(xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-hydroxyestr-4-ene);
91.16(xxii) fluoxymesterone
91.17(9-fluoro-17[alpha]-methyl-11[beta],17[beta]-dihydroxyandrost-4-en-3-one);
91.18(xxiii) formebolone
91.19(2-formyl-17[alpha]-methyl-11[alpha],17[beta]-dihydroxyandrost-1,4-dien-3-one);
91.20(xxiv) furazabol
91.21(17[alpha]-methyl-17[beta]-hydroxyandrostano[2,3-c]-furazan)13[beta]-ethyl-17[beta]
91.22-hydroxygon-4-en-3-one;
91.23(xxv) 4-hydroxytestosterone (4,17[beta]-dihydroxyandrost-4-en-3-one);
91.24(xxvi) 4-hydroxy-19-nortestosterone (4,17[beta]-dihydroxyestr-4-en-3-one);
91.25(xxvii) mestanolone (17[alpha]-methyl-17[beta]-hydroxy-5[alpha]-androstan-3-one);
91.26(xxviii) mesterolone (1[alpha]-methyl-17[beta]-hydroxy-5[alpha]-androstan-3-one);
91.27(xxix) methandienone (17[alpha]-methyl-17[beta]-hydroxyandrost-1,4-dien-3-one);
91.28(xxx) methandriol (17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-5-ene);
91.29(xxxi) methasterone (2 alpha-17 alpha-dimethyl-5 alpha-androstan-17beta-ol-3-one)
91.30(xxxi) (xxxii) methenolone
91.31(1-methyl-17[beta]-hydroxy-5[alpha]-androst-1-en-3-one);
91.32(xxxii) (xxxiii) 17[alpha]-methyl-3[beta],17[beta]-dihydroxy-5[alpha]-androstane;
91.33(xxxiii) (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy-5[alpha]-androstane;
91.34(xxxiv) (xxxv) 17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-4-ene;
91.35(xxxv) (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone
91.36(17[alpha]-methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one);
92.1(xxxvi) (xxxvii) methyldienolone
92.2(17[alpha]-methyl-17[beta]-hydroxyestra-4,9(10)-dien-3-one);
92.3(xxxvii) (xxxviii) methyltrienolone
92.4(17[alpha]-methyl-17[beta]-hydroxyestra-4,9-11-trien-3-one);
92.5(xxxviii) (xxxix) methyltestosterone
92.6(17[alpha]-methyl-17[beta]-hydroxyandrost-4-en-3-one);
92.7(xxxix) (xl) mibolerone
92.8(7[alpha],17[alpha]-dimethyl-17[beta]-hydroxyestr-4-en-3-one);
92.9(xl) (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone
92.10(17[beta]-hydroxy-17[alpha]-methyl-5[alpha]-androst-1-en-3-one);
92.11(xli) (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one);
92.12(xlii) (xliii) 19-nor-4-androstenediol (3[beta],17[beta]-dihydroxyestr-4-ene;
92.13(xliii) (xliv) 3[alpha],17[beta]-dihydroxyestr-4-ene); 19-nor-5-androstenediol
92.14(3[beta],17[beta]-dihydroxyestr-5-ene;
92.15(xliv) (xlv) 3[alpha],17[beta]-dihydroxyestr-5-ene);
92.16(xlv) (xlvi) 19-nor-4,9(10)-androstadienedione (estra-4,9(10)-diene-3,17-dione);
92.17(xlvi) (xlvii) 19-nor-5-androstenedione (estr-5-en-3,17-dione);
92.18(xlvii) (xlviii) norbolethone
92.19(13[beta],17[alpha]-diethyl-17[beta]-hydroxygon-4-en-3-one);
92.20(xlviii) (xlix) norclostebol (4-chloro-17[beta]-hydroxyestr-4-en-3-one);
92.21(xlix) (l) norethandrolone (17[alpha]-ethyl-17[beta]-hydroxyestr-4-en-3-one);
92.22(l) (li) normethandrolone (17[alpha]-methyl-17[beta]-hydroxyestr-4-en-3-one);
92.23(li) (lii) oxandrolone
92.24(17[alpha]-methyl-17[beta]-hydroxy-2-oxa-5[alpha]-androstan-3-one);
92.25(lii) (liii) oxymesterone (17[alpha]-methyl-4,17[beta]-dihydroxyandrost-4-en-3-one);
92.26(liii) (liv) oxymetholone
92.27(17[alpha]-methyl-2-hydroxymethylene-17[beta]-hydroxy-5[alpha]-androstan-3-one);
92.28(lv) prostanozol (17 beta-hydroxy-5 alpha-androstano[3,2-C]pryazole
92.29(liv) (lvi) stanozolol
92.30(17[alpha]-methyl-17[beta]-hydroxy-5[alpha]-androst-2-eno[3,2-c]-pyrazole);
92.31(lv) (lvii) stenbolone (17[beta]-hydroxy-2-methyl-5[alpha]-androst-1-en-3-one);
92.32(lvi) (lviii) testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic
92.33acid lactone);
92.34(lvii) (lix) testosterone (17[beta]-hydroxyandrost-4-en-3-one);
92.35(lviii) (lx) tetrahydrogestrinone
92.36(13[beta],17[alpha]-diethyl-17[beta]-hydroxygon-4,9,11-trien-3-one);
93.1(lix) (lxi) trenbolone (17[beta]-hydroxyestr-4,9,11-trien-3-one);
93.2(lx) (lxii) any salt, ester, or ether of a drug or substance described in this paragraph.
93.3Anabolic steroids are not included if they are: (A) expressly intended for administration
93.4through implants to cattle or other nonhuman species; and (B) approved by the United
93.5States Food and Drug Administration for that use;
93.6(2) Human growth hormones.
93.7(3) Chorionic gonadotropin.
93.8(g) Hallucinogenic substances. Dronabinol (synthetic) in sesame oil and encapsulated
93.9in a soft gelatin capsule in a United States Food and Drug Administration approved product.
93.10(h) Any material, compound, mixture, or preparation containing the following
93.11narcotic drug or its salt: buprenorphine.
93.12 Sec. 4. Minnesota Statutes 2014, section 152.02, subdivision 5, is amended to read:
93.13 Subd. 5. Schedule IV. (a) Schedule IV consists of the substances listed in this
93.14subdivision.
93.15(b) Narcotic drugs. Unless specifically excepted or unless listed in another schedule,
93.16any material, compound, mixture, or preparation containing any of the following narcotic
93.17drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities
93.18as follows:
93.19(1) not more than one milligram of difenoxin and not less than 25 micrograms of
93.20atropine sulfate per dosage unit;
93.21(2) dextropropoxyphene (Darvon and Darvocet).;
93.22(3) 2-[(dimethylamino)methyl]-1-(3-methoxyphenyl)cyclohexanol, its salts, optical
93.23and geometric isomers, and salts of these isomers (including tramadol).
93.24(c) Depressants. Unless specifically excepted or unless listed in another schedule,
93.25any material, compound, mixture, or preparation containing any quantity of the following
93.26substances, including its salts, isomers, and salts of isomers whenever the existence of the
93.27salts, isomers, and salts of isomers is possible:
93.28(1) Alfaxalone (5α-pregnan-3α-ol-11,20-dione);
93.29(1) (2) alprazolam;
93.30(2) (3) barbital;
93.31(3) (4) bromazepam;
93.32(4) (5) camazepam;
93.33(5) (6) carisoprodol;
93.34(6) (7) chloral betaine;
93.35(7) (8) chloral hydrate;
94.1(8) (9) chlordiazepoxide;
94.2(9) (10) clobazam;
94.3(10) (11) clonazepam;
94.4(11) (12) clorazepate;
94.5(12) (13) clotiazepam;
94.6(13) (14) cloxazolam;
94.7(14) (15) delorazepam;
94.8(15) (16) diazepam;
94.9(16) (17) dichloralphenazone;
94.10(17) (18) estazolam;
94.11(18) (19) ethchlorvynol;
94.12(19) (20) ethinamate;
94.13(20) (21) ethyl loflazepate;
94.14(21) (22) fludiazepam;
94.15(22) (23) flurazepam;
94.16(24) fospropofol
94.17(23) (25) halazepam;
94.18(24) (26) haloxazolam;
94.19(25) (27) ketazolam;
94.20(26) (28) loprazolam;
94.21(27) (29) lorazepam;
94.22(28) (30) lormetazepam mebutamate;
94.23(29) (31) medazepam;
94.24(30) (32) meprobamate;
94.25(31) (33) methohexital;
94.26(32) (34) methylphenobarbital;
94.27(33) (35) midazolam;
94.28(34) (36) nimetazepam;
94.29(35) nitrazepamnordiazepam (37) nitrazepam;
94.30(38) nordiazepam;
94.31(36) (39) oxazepam;
94.32(37) (40) oxazolam;
94.33(38) paraldehydepetrichloral (41) paraldehyde;
94.34(42) petrichloral;
94.35(39) (43) phenobarbital;
94.36(40) (44) pinazepam;
95.1(41) (45) prazepam;
95.2(42) (46) quazepam;
95.3(47) Suvorexant;
95.4(43) (48) temazepam;
95.5(44) (49) tetrazepam;
95.6(45) (50) triazolam;
95.7(46) (51) zaleplon;
95.8(47) (52) zolpidem;
95.9(48) (53) zopiclone.
95.10(d) Any material, compound, mixture, or preparation which contains any quantity of
95.11the following substance including its salts, isomers, and salts of such isomers, whenever
95.12the existence of such salts, isomers, and salts of isomers is possible: fenfluramine.
95.13(e) Stimulants. Unless specifically excepted or unless listed in another schedule,
95.14any material, compound, mixture, or preparation which contains any quantity of the
95.15following substances having a stimulant effect on the central nervous system, including its
95.16salts, isomers, and salts of isomers:
95.17(1) cathine (norpseudoephedrine);
95.18(2) diethylpropion;
95.19(3) fencamfamine;
95.20(4) fenproporex;
95.21(5) mazindol;
95.22(6) mefenorex;
95.23(7) modafinil;
95.24(8) pemoline (including organometallic complexes and chelates thereof);
95.25(9) phentermine;
95.26(10) pipradol;
95.27(11) sibutramine;
95.28(12) SPA (1-dimethylamino-1,2-diphenylethane).
95.29(f) lorcaserin.
95.30 Sec. 5. Minnesota Statutes 2014, section 152.02, subdivision 6, is amended to read:
95.31 Subd. 6. Schedule V; restrictions on methamphetamine precursor drugs. (a) As
95.32used in this subdivision, the following terms have the meanings given:
95.33(1) "methamphetamine precursor drug" means any compound, mixture, or
95.34preparation intended for human consumption containing ephedrine or pseudoephedrine as
95.35its sole active ingredient or as one of its active ingredients; and
96.1(2) "over-the-counter sale" means a retail sale of a drug or product but does not
96.2include the sale of a drug or product pursuant to the terms of a valid prescription.
96.3(b) The following items are listed in Schedule V:
96.4(1) any compound, mixture, or preparation containing any of the following limited
96.5quantities of narcotic drugs, which shall include one or more nonnarcotic active medicinal
96.6ingredients in sufficient proportion to confer upon the compound, mixture or preparation
96.7valuable medicinal qualities other than those possessed by the narcotic drug alone:
96.8(i) not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100
96.9grams;
96.10(ii) not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100
96.11grams;
96.12(iii) not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms
96.13of atropine sulfate per dosage unit;
96.14(iv) not more than 100 milligrams of opium per 100 milliliters or per 100 grams; or
96.15(v) not more than 0.5 milligrams of difenoxin and not less than 25 micrograms of
96.16atropine sulfate per dosage unit.
96.17(2) Stimulants. Unless specifically exempted or excluded or unless listed in another
96.18schedule, any material, compound, mixture, or preparation that contains any quantity of
96.19the following substance having a stimulant effect on the central nervous system, including
96.20its salts, isomers, and salts of isomers: pyrovalerone.
96.21(3) Depressants. Unless specifically exempted or excluded or unless listed in another
96.22schedule, any material, compound, mixture, or preparation that contains any quantity
96.23of the following substance having a depressant effect on the central nervous system,
96.24including its salts, isomers, and salts of isomers:
96.25(i) ezogabine;
96.26(i) (ii) pregabalin;
96.27(ii) (iii) lacosamide.
96.28(4) Any compound, mixture, or preparation containing ephedrine or pseudoephedrine
96.29as its sole active ingredient or as one of its active ingredients.
96.30(c) No person may sell in a single over-the-counter sale more than two packages of a
96.31methamphetamine precursor drug or a combination of methamphetamine precursor drugs or
96.32any combination of packages exceeding a total weight of six grams, calculated as the base.
96.33(d) Over-the-counter sales of methamphetamine precursor drugs are limited to:
96.34(1) packages containing not more than a total of three grams of one or
96.35more methamphetamine precursor drugs, calculated in terms of ephedrine base or
96.36pseudoephedrine base; or
97.1(2) for nonliquid products, sales in blister packs, where each blister contains not
97.2more than two dosage units, or, if the use of blister packs is not technically feasible, sales
97.3in unit dose packets or pouches.
97.4(e) A business establishment that offers for sale methamphetamine precursor drugs
97.5in an over-the-counter sale shall ensure that all packages of the drugs are displayed
97.6behind a checkout counter where the public is not permitted and are offered for sale only
97.7by a licensed pharmacist, a registered pharmacy technician, or a pharmacy clerk. The
97.8establishment shall ensure that the person making the sale requires the buyer:
97.9(1) to provide photographic identification showing the buyer's date of birth; and
97.10(2) to sign a written or electronic document detailing the date of the sale, the name
97.11of the buyer, and the amount of the drug sold.
97.12A document described under clause (2) must be retained by the establishment for
97.13at least three years and must at all reasonable times be open to the inspection of any
97.14law enforcement agency.
97.15Nothing in this paragraph requires the buyer to obtain a prescription for the drug's
97.16purchase.
97.17(f) No person may acquire through over-the-counter sales more than six grams of
97.18methamphetamine precursor drugs, calculated as the base, within a 30-day period.
97.19(g) No person may sell in an over-the-counter sale a methamphetamine precursor
97.20drug to a person under the age of 18 years. It is an affirmative defense to a charge under
97.21this paragraph if the defendant proves by a preponderance of the evidence that the
97.22defendant reasonably and in good faith relied on proof of age as described in section
97.23340A.503, subdivision 6
.
97.24(h) A person who knowingly violates paragraph (c), (d), (e), (f), or (g) is guilty of
97.25a misdemeanor and may be sentenced to imprisonment for not more than 90 days, or to
97.26payment of a fine of not more than $1,000, or both.
97.27(i) An owner, operator, supervisor, or manager of a business establishment that
97.28offers for sale methamphetamine precursor drugs whose employee or agent is convicted of
97.29or charged with violating paragraph (c), (d), (e), (f), or (g) is not subject to the criminal
97.30penalties for violating any of those paragraphs if the person:
97.31(1) did not have prior knowledge of, participate in, or direct the employee or agent to
97.32commit the violation; and
97.33(2) documents that an employee training program was in place to provide the
97.34employee or agent with information on the state and federal laws and regulations regarding
97.35methamphetamine precursor drugs.
98.1(j) Any person employed by a business establishment that offers for sale
98.2methamphetamine precursor drugs who sells such a drug to any person in a suspicious
98.3transaction shall report the transaction to the owner, supervisor, or manager of the
98.4establishment. The owner, supervisor, or manager may report the transaction to local law
98.5enforcement. A person who reports information under this subdivision in good faith is
98.6immune from civil liability relating to the report.
98.7(k) Paragraphs (b) to (j) do not apply to:
98.8(1) pediatric products labeled pursuant to federal regulation primarily intended for
98.9administration to children under 12 years of age according to label instructions;
98.10(2) methamphetamine precursor drugs that are certified by the Board of Pharmacy as
98.11being manufactured in a manner that prevents the drug from being used to manufacture
98.12methamphetamine;
98.13(3) methamphetamine precursor drugs in gel capsule or liquid form; or
98.14(4) compounds, mixtures, or preparations in powder form where pseudoephedrine
98.15constitutes less than one percent of its total weight and is not its sole active ingredient.
98.16(l) The Board of Pharmacy, in consultation with the Department of Public Safety,
98.17shall certify methamphetamine precursor drugs that meet the requirements of paragraph
98.18(k), clause (2), and publish an annual listing of these drugs.
98.19(m) Wholesale drug distributors licensed and regulated by the Board of Pharmacy
98.20pursuant to sections151.42 to
151.51 and registered with and regulated by the United
98.21States Drug Enforcement Administration are exempt from the methamphetamine precursor
98.22drug storage requirements of this section.
98.23(n) This section preempts all local ordinances or regulations governing the sale
98.24by a business establishment of over-the-counter products containing ephedrine or
98.25pseudoephedrine. All ordinances enacted prior to the effective date of this act are void."
98.26Delete the title and insert:
98.28relating to public safety; modifying certain provisions relating to courts, public
98.29safety, firefighters, corrections, crime, disaster assistance, and controlled
98.30substances; requesting reports; providing for penalties; appropriating money
98.31for public safety, courts, corrections, Guardian Ad Litem Board, Uniform
98.32Laws Commission, Board on Judicial Standards, Board of Public Defense,
98.33Sentencing Guidelines, Peace Officer Standards and Training (POST) Board,
98.34Private Detective Board, and Human Rights;amending Minnesota Statutes
98.352014, sections 5B.11; 12.221, subdivision 6; 12B.15, subdivision 2, by adding
98.36a subdivision; 12B.25, subdivision 1; 12B.40; 13.03, subdivision 6; 13.82,
98.37subdivision 17; 43A.241; 97A.421, by adding a subdivision; 152.02, subdivisions
98.382, 3, 4, 5, 6; 168A.1501, subdivisions 1, 6; 169.13, subdivisions 1, 3; 169.98, by
98.39adding a subdivision; 169A.03, subdivision 3; 169A.07; 169A.275, subdivision
98.405; 169A.285, subdivision 1; 169A.46, subdivision 1; 169A.53, subdivision 3;
98.41181.06, subdivision 2; 181.101; 241.88, subdivision 1, by adding a subdivision;
98.42241.89, subdivisions 1, 2; 244.05, by adding a subdivision; 244.15, subdivision
99.16; 253B.08, subdivision 2a; 253B.12, subdivision 2a; 253D.28, subdivision 2;
99.2260B.198, by adding a subdivision; 299A.73, subdivision 2; 299C.35; 299C.38;
99.3299C.46, subdivisions 2, 2a; 299F.012, subdivision 1; 299N.03, subdivisions 3,
99.45, 6, 7; 299N.04, subdivision 3; 299N.05, subdivisions 1, 4, 5, 6, 7, 8; 325E.21,
99.5subdivisions 1, 2, 4; 352B.011, subdivision 10; 357.021, subdivision 2; 401.10,
99.6subdivision 1; 486.10, subdivisions 2, 3; 609.02, by adding a subdivision;
99.7609.11, subdivision 9; 609.165; 609.324, subdivision 1; 609.325, subdivision
99.84, by adding a subdivision; 609.3451, subdivision 1; 609.3471; 609.531,
99.9subdivision 1; 609.66, subdivisions 1a, 1g; 611A.26, subdivisions 1, 6; 611A.31,
99.10subdivision 1; 611A.33; 611A.35; 617.242, subdivision 6; 624.71; 624.712, by
99.11adding a subdivision; 624.713, subdivisions 1, 1a, 2, 3, 4; 624.714, subdivision
99.1216; 624.715; 626.88; 628.26; 631.461; 645.241; Laws 2013, chapter 86, article
99.131, sections 7; 9; proposing coding for new law in Minnesota Statutes, chapters
99.145B; 299N; 609; 611A; 624; 626; repealing Minnesota Statutes 2014, sections
99.1597B.031, subdivision 4; 168A.1501, subdivisions 5, 5a; 299C.36; 299N.05,
99.16subdivision 3; 325E.21, subdivisions 1c, 1d; 609.66, subdivision 1h; Laws 2014,
99.17chapter 190, sections 10; 11."
1.3relating to criminal justice; lowering the penalty for the performance of
1.4acts prohibited by statutes for which no penalty is specified; regulating the
1.5possession and purchase of firearms, ammunition, and suppressors; prohibiting a
1.6bondsman or bail enforcement agent from wearing uniform or driving vehicle
1.7the color of law enforcement; regulating the use of unmanned aerial vehicles
1.8by law enforcement agencies; requiring outside law enforcement agencies to
1.9investigate peace officer-involved incidents; addressing numerous issues relating
1.10to juveniles including diversion, use of restraints, and sentencing; modifying
1.11forfeiture laws and how proceeds from the sale of forfeited property are used,
1.12what reports are required, and how policies are adopted; establishing the burden
1.13of production on the innocent owner claimant and the burden of proof on the
1.14prosecutor in an innocent owner forfeiture case involving DWI, designated
1.15offenses, controlled substance offenses, fleeing offenses, and prostitution
1.16offenses; expanding the homestead exemption in forfeiture cases; restoring
1.17the civil right to vote of an individual upon release from incarceration and
1.18requiring notice; repealing county attorney obligation to promptly investigate
1.19voter registration and eligibility;amending Minnesota Statutes 2014, sections
1.206.74; 84.7741, subdivision 10; 97A.421, by adding a subdivision; 169.98,
1.21by adding a subdivision; 169A.60, subdivision 1; 169A.63, subdivisions 1,
1.227, 9, 10; 201.014, by adding a subdivision; 201.071, subdivision 1; 201.12,
1.23subdivisions 2, 3; 201.13, subdivision 3; 201.14; 201.157; 204C.08, subdivision
1.241d; 204C.10; 244.05, subdivisions 4, 5; 260B.001, subdivision 2; 260B.125, by
1.25adding a subdivision; 260B.130, subdivision 4; 609.02, by adding a subdivision;
1.26609.106, subdivision 2, by adding a subdivision; 609.11, subdivision 9; 609.165;
1.27609.3455, subdivision 2; 609.531, subdivisions 1, 8, by adding subdivisions;
1.28609.5311, subdivision 3; 609.5312, subdivisions 2, 3, 4; 609.5315, subdivisions
1.291, 6; 609.5318, subdivision 5; 609.66, subdivisions 1a, 1g; 624.71; 624.712, by
1.30adding a subdivision; 624.713, subdivisions 1, 1a, 2, 3, 4; 624.714, subdivision
1.3116; 624.715; 626.88; 645.241; proposing coding for new law in Minnesota
1.32Statutes, chapters 5B; 201; 243; 260B; 624; 626; repealing Minnesota Statutes
1.332014, sections 97B.031, subdivision 4; 201.155; 201.275; 609.66, subdivision 1h.
1.34May 17, 2015
1.35The Honorable Sandra L. Pappas
1.36President of the Senate
1.37The Honorable Kurt L. Daudt
1.38Speaker of the House of Representatives
1.39We, the undersigned conferees for S.F. No. 878 report that we have agreed upon the
1.40items in dispute and recommend as follows:
2.1That the House recede from its amendments and that S.F. No. 878 be further
2.2amended as follows:
2.3Delete everything after the enacting clause and insert:
| 2.6 |
Section 1. APPROPRIATIONS. |
||||||
2.8agencies and for the purposes specified in this article. The appropriations are from the
2.9general fund, or another named fund, and are available for the fiscal years indicated
2.10for each purpose. The figures "2016" and "2017" used in this article mean that the
2.11appropriations listed under them are available for the fiscal year ending June 30, 2016, or
2.12June 30, 2017, respectively. "The first year" is fiscal year 2016. "The second year" is fiscal
2.13year 2017. "The biennium" is fiscal years 2016 and 2017. Appropriations for the fiscal
2.14year ending June 30, 2015, are effective the day following final enactment.
| 2.15 |
APPROPRIATIONS |
||||||
| 2.16 |
Available for the Year |
||||||
| 2.17 |
Ending June 30 |
||||||
| 2.18 |
2016 |
2017 |
|||||
| 2.19 |
Sec. 2. SUPREME COURT |
||||||
| 2.20 |
Subdivision 1.Total Appropriation |
$ |
46,796,000 |
$ |
48,011,000 |
||
2.22purpose are specified in the following
2.23subdivisions.
| 2.24 |
Subd. 2.Supreme Court Operations |
33,651,000 |
34,866,000 |
||||
2.26$5,000 each year is for a contingent account
2.27for expenses necessary for the normal
2.28operation of the court for which no other
2.29reimbursement is provided.
| 2.30 |
Subd. 3.Civil Legal Services |
13,145,000 |
13,145,000 |
||||
2.32Family Law Matters
3.1$948,000 each year is to improve the access
3.2of low-income clients to legal representation
3.3in family law matters. This appropriation
3.4must be distributed under Minnesota Statutes,
3.5section 480.242, to the qualified legal
3.6services program described in Minnesota
3.7Statutes, section 480.242, subdivision 2,
3.8paragraph (a). Any unencumbered balance
3.9remaining in the first year does not cancel
3.10and is available in the second year.
| 3.11 |
Sec. 3. COURT OF APPEALS |
$ |
11,517,000 |
$ |
11,979,000 |
||
| 3.12 |
Sec. 4. DISTRICT COURTS |
$ |
266,645,000 |
$ |
277,147,000 |
||
3.14$350,000 each year is to expand specialty
3.15courts.
| 3.16 |
Sec. 5. GUARDIAN AD LITEM BOARD |
$ |
14,063,000 |
$ |
14,411,000 |
||
| 3.17 |
Sec. 6. TAX COURT |
$ |
2,068,000 |
$ |
1,857,000 |
||
3.19This appropriation includes funds for
3.20information technology project services
3.21and support subject to the provisions of
3.22Minnesota Statutes, section 16E.0466. Any
3.23ongoing information technology costs will be
3.24incorporated into the service level agreement
3.25and will be paid to the Office of MN.IT
3.26Services by the Tax Court under the rates and
3.27mechanism specified in that agreement.
3.28(b) Base Appropriation
3.29The base appropriation for the Tax Court
3.30shall be $1,392,000 in fiscal year 2018 and
3.31$1,392,000 in fiscal year 2019.
| 4.1 |
Sec. 7. UNIFORM LAWS COMMISSION |
$ |
88,000 |
$ |
93,000 |
||
| 4.2 |
Sec. 8. BOARD ON JUDICIAL STANDARDS |
$ |
486,000 |
$ |
486,000 |
||
4.4$125,000 each year is for special
4.5investigative and hearing costs for major
4.6disciplinary actions undertaken by the board.
4.7This appropriation does not cancel. Any
4.8unencumbered and unspent balances remain
4.9available for these expenditures until June
4.1030, 2019.
| 4.11 |
Sec. 9. BOARD OF PUBLIC DEFENSE |
$ |
77,429,000 |
$ |
82,662,000 |
||
4.13$100,000 each year is for public defender
4.14training.
| 4.15 |
Sec. 10. SENTENCING GUIDELINES |
$ |
595,000 |
$ |
604,000 |
||
| 4.16 |
Sec. 11. PUBLIC SAFETY |
||||||
| 4.17 |
Subdivision 1.Total Appropriation |
$ |
191,153,000 |
$ |
182,679,000 |
||
4.28purpose are specified in the following
4.29subdivisions.
| 4.30 |
Subd. 2.Emergency Management |
4,567,000 |
3,258,000 |
||||
| 4.31 |
Appropriations by Fund |
||
| 4.32 |
General |
3,547,000 |
2,336,000 |
| 5.1 |
Environmental |
70,000 |
72,000 |
| 5.2 5.3 |
Special Revenue Fund |
950,000 |
850,000 |
| 5.4 |
(a) Hazmat and Chemical Assessment Teams |
||||||
5.6second year are from the fire safety account
5.7in the special revenue fund. These amounts
5.8must be used to fund the hazardous materials
5.9and chemical assessment teams. Of this
5.10amount, $100,000 the first year is for cases for
5.11which there is no identified responsible party.
5.12(b) Disaster Assistance Account
5.13$1,000,000 the first year is from the general
5.14fund for transfer to the disaster assistance
5.15contingency account in Minnesota Statutes,
5.16section 12.221.
5.17(c) Combating Terrorism Recruitment
5.18$250,000 the first year is for the
5.19commissioner to develop strategies and
5.20make efforts to combat the recruitment of
5.21Minnesota residents by terrorist organizations
5.22such as ISIS and al-Shabaab. At least half
5.23of this amount must be distributed through
5.24grants to local governments with identified
5.25populations who are at-risk for recruitment.
5.26The commissioner must collaborate
5.27with federal, state, and local agencies in
5.28developing the required strategies. The
5.29commissioner shall prepare a report that
5.30explains the strategies proposed and steps to
5.31implement the strategies. The commissioner
5.32must submit the report to the chairs and
5.33ranking minority members of the house and
6.1senate committees with jurisdiction over
6.2public safety by February 1, 2016.
| 6.3 |
Subd. 3.Criminal Apprehension |
56,779,000 |
51,919,000 |
||||
| 6.4 |
Appropriations by Fund |
||
| 6.5 |
General |
54,477,000 |
49,587,000 |
| 6.6 6.7 |
State Government Special Revenue |
7,000 |
7,000 |
| 6.8 |
Trunk Highway |
2,295,000 |
2,325,000 |
| 6.9 |
(a) DWI Lab Analysis; Trunk Highway Fund |
||||||
6.11161.20, subdivision 3, $2,295,000 the first
6.12year and $2,325,000 the second year are
6.13from the trunk highway fund for laboratory
6.14analysis related to driving-while-impaired
6.15cases.
| 6.16 |
(b) BCA Investment Initiative |
||||||
6.18fund:
6.19(1) for additional permanent latent fingerprint
6.20examiner positions;
6.21(2) for additional permanent mitochondrial
6.22DNA analyst positions;
6.23(3) to replace equipment and instruments in
6.24the forensic laboratory;
6.25(4) to purchase supplies for the forensic
6.26laboratory;
6.27(5) for additional permanent positions to
6.28form a digital forensics examination unit;
6.29(6) for additional permanent positions to
6.30form a financial crimes unit; and
6.31(7) for additional permanent positions to
6.32increase the capabilities of the predatory
6.33crimes section.
| 7.1 |
(c) Livescan Replacement |
||||||
7.3to replace electronic fingerprint capture
7.4equipment in criminal justice agencies
7.5around the state. The equipment is to be used
7.6to automatically submit the fingerprints to
7.7the bureau for identification of the person
7.8and processing.
| 7.9 |
(d) Report |
||||||
7.11account accrues an unallocated balance
7.12in excess of 50 percent of the previous
7.13fiscal year's expenditures, the commissioner
7.14shall submit a report to the chairs and
7.15ranking minority members of the house
7.16of representatives and senate committees
7.17with jurisdiction over transportation and
7.18public safety policy and finance. The report
7.19must contain specific policy and legislative
7.20recommendations for reducing the fund
7.21balance and avoiding future excessive fund
7.22balances. The report is due within three
7.23months of the fund balance exceeding the
7.24threshold established in this paragraph.
| 7.25 |
Subd. 4.Fire Marshal |
11,568,000 |
9,350,000 |
||||
| 7.26 |
Appropriations by Fund |
||
| 7.27 |
General |
18,000 |
-0- |
| 7.28 |
Special Revenue |
11,550,000 |
9,350,000 |
7.30from the fire safety account in the special
7.31revenue fund and is for activities under
7.32Minnesota Statutes, section 299F.012.
7.33(a) Training
8.1$1,873,000 the first year and $673,000
8.2the second year are for an increase to the
8.3Minnesota Board of Firefighter Training.
8.4(b) Task Force 1
8.5$1,500,000 the first year and $500,000 the
8.6second year are for an increase to Minnesota
8.7Task Force 1.
8.8(c) Air Rescue
8.9$190,000 each year is to fund the Minnesota
8.10Air Rescue Team.
8.11(d) Unappropriated Revenue
8.12Any additional unappropriated money
8.13collected in fiscal year 2015 is appropriated
8.14to the commissioner of public safety for
8.15the purposes of Minnesota Statutes, section
8.16299F.012. The commissioner may transfer
8.17appropriations and base amounts between
8.18activities in this subdivision.
| 8.19 |
Subd. 5.Alcohol and Gambling Enforcement |
2,338,000 |
2,373,000 |
||||
| 8.20 |
Appropriations by Fund |
||
| 8.21 |
General |
1,606,000 |
1,632,000 |
| 8.22 |
Special Revenue |
732,000 |
741,000 |
8.24second year are from the alcohol enforcement
8.25account in the special revenue fund. Of this
8.26appropriation, $500,000 each year shall be
8.27transferred to the general fund.
8.28$70,000 each year is from the lawful
8.29gambling regulation account in the special
8.30revenue fund.
| 8.31 |
Subd. 6.Office of Justice Programs |
38,833,000 |
38,694,000 |
||||
| 9.1 |
Appropriations by Fund |
||
| 9.2 |
General |
38,737,000 |
38,598,000 |
| 9.3 9.4 |
State Government Special Revenue |
96,000 |
96,000 |
| 9.5 |
(a) OJP Administration Costs |
||||||
9.7appropriated in this subdivision may be used
9.8by the commissioner to administer the grant
9.9program.
| 9.10 |
(b) Youth Intervention Programs |
||||||
9.12programs under Minnesota Statutes, section
9.13299A.73.
| 9.14 |
(c) Crime Victim Services |
||||||
9.16to organizations awarded grants in fiscal
9.17years 2014 and 2015. Of this amount,
9.18$150,000 in each of fiscal years 2016 and
9.192017 only are for a grant to an organization
9.20that provides culturally specific emergency
9.21shelter programming in St. Paul for victims
9.22of domestic abuse. The amount appropriated
9.23in fiscal years 2016 and 2017 is added to the
9.24base for crime victim services.
| 9.25 |
(d) Crime Victim Support |
||||||
9.27nonprofit organization dedicated to providing
9.28immediate and long-term emotional support
9.29and practical help for the families and friends
9.30of individuals who have died by suicide,
9.31overdose, accident, or homicide, including
9.32but not limited to domestic violence.
| 9.33 |
(e) Child Advocacy Centers |
||||||
10.2and existing child advocacy centers whose
10.3primary purposes are (1) to coordinate the
10.4investigation, treatment, and management of
10.5abuse cases and (2) to provide direct services
10.6to abuse victims.
| 10.7 |
(f) Prosecutor and Law Enforcement Training |
||||||
10.9Minnesota County Attorneys Association for
10.10prosecutor and law enforcement training.
| 10.11 |
(g) Sex Trafficking Investigations |
||||||
10.13local units of government for the following
10.14purposes:
10.15(1) to support new or existing
10.16multijurisdictional entities to investigate sex
10.17trafficking crimes; and
10.18(2) to provide technical assistance for
10.19sex trafficking crimes, including training
10.20and case consultation, to law enforcement
10.21agencies statewide.
10.22This is a onetime appropriation.
| 10.23 |
(h) Regional Law Enforcement Server |
||||||
10.25White Earth Band of Chippewa Indians
10.26to be used by the band's law enforcement
10.27department for a server for law enforcement
10.28agencies in the counties of Clearwater,
10.29Becker, and Mahnomen, and the band's
10.30law enforcement department to store law
10.31enforcement data on.
| 10.32 |
(i) Lifesaver Grants |
||||||
11.2under section 22. This is a onetime
11.3appropriation.
| 11.4 |
(j) Alternatives to Juvenile Detention |
||||||
11.6organizations to conduct training, technical
11.7support, and peer learning opportunities for
11.8counties interested in implementing juvenile
11.9detention reform and addressing disparities
11.10in the juvenile justice system to accomplish
11.11cost-effective interventions that leverage the
11.12strength of families and communities. This
11.13is a onetime appropriation.
| 11.14 |
(k) Advocates for Family Peace |
||||||
11.16Advocates for Family Peace organization
11.17to provide services for victims of domestic
11.18violence. This is a onetime appropriation.
| 11.19 |
Subd. 7.Emergency Communication Networks |
77,068,000 |
77,085,000 |
||||
11.21government special revenue fund for 911
11.22emergency telecommunications services.
11.23This appropriation includes funds for
11.24information technology project services
11.25and support subject to the provisions of
11.26Minnesota Statutes, section 16E.0466. Any
11.27ongoing information technology costs will be
11.28incorporated into the service level agreement
11.29and will be paid to the Office of MN.IT
11.30Services by the Department of Public Safety
11.31under the rates and mechanism specified in
11.32that agreement.
| 11.33 |
(a) Public Safety Answering Points |
||||||
12.2as provided in Minnesota Statutes, section
12.3403.113, subdivision 2.
| 12.4 |
(b) Medical Resource Communication Centers |
||||||
12.6Minnesota Emergency Medical Services
12.7Regulatory Board for the Metro East
12.8and Metro West Medical Resource
12.9Communication Centers that were in
12.10operation before January 1, 2000.
| 12.11 |
(c) ARMER Debt Service |
||||||
12.13of management and budget to pay debt
12.14service on revenue bonds issued under
12.15Minnesota Statutes, section 403.275.
12.16Any portion of this appropriation not needed
12.17to pay debt service in a fiscal year may be
12.18used by the commissioner of public safety to
12.19pay cash for any of the capital improvements
12.20for which bond proceeds were appropriated
12.21by Laws 2005, chapter 136, article 1, section
12.229, subdivision 8; or Laws 2007, chapter 54,
12.23article 1, section 10, subdivision 8.
12.24(d) ARMER State Backbone Operating
12.25Costs
12.26$9,650,000 each year is to the commissioner
12.27of transportation for costs of maintaining and
12.28operating the first and third phases of the
12.29statewide radio system backbone.
12.30(e) ARMER Improvements
12.31$1,000,000 each year is to the Statewide
12.32Radio Board for costs of design, construction,
12.33and maintenance of, and improvements
13.1to, those elements of the statewide public
13.2safety radio and communication system
13.3that support mutual aid communications
13.4and emergency medical services or provide
13.5interim enhancement of public safety
13.6communication interoperability in those
13.7areas of the state where the statewide public
13.8safety radio and communication system is
13.9not yet implemented.
| 13.10 13.11 |
Sec. 12. PEACE OFFICER STANDARDS AND TRAINING (POST) BOARD |
$ |
4,112,000 |
$ |
4,129,000 |
||
13.13This appropriation is from the peace officer
13.14training account in the special revenue fund.
13.15Any new receipts credited to that account in
13.16the first year in excess of $4,112,000 must be
13.17transferred and credited to the general fund.
13.18Any new receipts credited to that account in
13.19the second year in excess of $4,129,000 must
13.20be transferred and credited to the general
13.21fund.
13.22(b) Peace Officer Training
13.23Reimbursements
13.24$2,734,000 each year is for reimbursements
13.25to local governments for peace officer
13.26training costs.
13.27(c) De-escalation Training
13.28$100,000 each year is for training state and
13.29local community safety personnel in the use
13.30of crisis de-escalation techniques. This is a
13.31onetime appropriation.
| 13.32 |
Sec. 13. PRIVATE DETECTIVE BOARD |
$ |
187,000 |
$ |
189,000 |
||
14.1$65,000 each year is for an administrative
14.2assistant.
| 14.3 |
Sec. 14. HUMAN RIGHTS |
$ |
3,927,000 |
$ |
3,982,000 |
||
14.5$150,000 each year is for the acceleration
14.6of the investigation, enforcement, and
14.7final disposition of cases as well as the
14.8department's capacity in the area of legal
14.9analysis and fiscal management. Up to
14.10$80,000 each year may be used to expand
14.11services in St. Cloud.
| 14.12 |
Sec. 15. CORRECTIONS |
||||||
| 14.13 |
Subdivision 1.Total Appropriation |
$ |
527,012,000 |
$ |
538,591,000 |
||
14.15purpose are specified in the following
14.16subdivisions.
| 14.17 |
Subd. 2.Correctional Institutions |
381,182,000 |
391,293,000 |
||||
14.19$541,000 the first year and $1,051,000 the
14.20second year are to increase the number
14.21of full-time equivalent positions in the
14.22department's fugitive apprehension unit. The
14.23base for this item is $1,051,000 in each of
14.24fiscal years 2018 and 2019.
14.25(b) Doula Services Grants
14.26$30,000 each year is for grants to provide
14.27access to doula services as described in
14.28proposed Minnesota Statutes, section 241.89,
14.29subdivision 2, paragraph (b). This is a
14.30onetime appropriation.
| 14.31 |
Subd. 3.Community Services |
121,018,000 |
122,033,000 |
||||
15.2$1,000,000 each year is to increase the
15.3number of supervision agents for offenders
15.4on intensive supervised release as described
15.5in Minnesota Statutes, section 244.13,
15.6subdivision 2.
15.7(b) Challenge Incarceration
15.8$250,000 each year is to increase the
15.9number of supervision agents for offenders
15.10participating in the department's challenge
15.11incarceration program as described in
15.12Minnesota Statutes, section 244.172,
15.13subdivisions 2 and 3.
15.14(c) Community Corrections Act
15.15$1,800,000 each year is added to the
15.16Community Corrections Act subsidy, as
15.17described in Minnesota Statutes, section
15.18401.14.
15.19(d) County Probation Officer
15.20Reimbursements
15.21$294,000 the first year and $295,000
15.22the second year are added to the county
15.23probation officers reimbursement, as
15.24described in Minnesota Statutes, section
15.25244.19, subdivision 6.
15.26(e) Scott County Correctional Services
15.27$85,000 each year is to be added to the base
15.28calculated by the department of corrections
15.29for Scott County under Minnesota Statutes,
15.30section 401.10, subdivision 1, for the
15.31provision of correctional services.
| 15.32 |
Subd. 4.Operations Support |
24,812,000 |
25,265,000 |
||||
16.1$500,000 each year is to support technology
16.2needs.
16.3(b) Information Technology
16.4This appropriation includes funds for
16.5information technology project services
16.6and support subject to the provisions of
16.7Minnesota Statutes, section 16E.0466. Any
16.8ongoing information technology costs will be
16.9incorporated into the service level agreement
16.10and will be paid to the Office of MN.IT
16.11Services by the Department of Corrections
16.12under the rates and mechanism specified in
16.13that agreement.
| 16.14 |
Sec. 16. TRANSFERS |
||||||
16.16Notwithstanding Minnesota Statutes, section
16.17241.27, the commissioner of management
16.18and budget shall transfer $1,000,000 each
16.19year from the Minnesota correctional
16.20industries revolving fund to the general fund.
16.21This is a onetime transfer.
16.22(b) Fire Safety
16.23The commissioner of management and
16.24budget shall transfer $1,250,000 each year
16.25from the fire safety account to the general
16.26fund. This is a onetime transfer.
| 16.27 16.28 16.29 |
Sec. 17. DISASTER ASSISTANCE CONTINGENCY AND FIRE SAFETY ACCOUNTS; TRANSFER. |
||||||
16.31commissioner of management and budget
16.32must estimate the amount of any positive
16.33unrestricted budgetary general fund balance
17.1at the close of the fiscal year ending June
17.230, 2015. If the actual positive general fund
17.3balance at the end of fiscal year 2015 is more
17.4than $17,500,000 in excess of the positive
17.5general fund balance that was estimated by
17.6the commissioner at the end of the 2015
17.7legislative session, $15,000,000 from the
17.8fiscal year 2015 closing balance in the
17.9general fund is transferred to the disaster
17.10contingency account under Minnesota
17.11Statutes, section 12.221, subdivision 6, and
17.12$2,500,000 is transferred to the fire safety
17.13account in the special revenue fund, under
17.14Minnesota Statutes, section 299F.012.
17.15(b) If the actual positive general fund balance
17.16estimated at the end of fiscal year 2015
17.17under paragraph (a) exceeds the positive
17.18general fund balance that was estimated by
17.19the commissioner at the end of the 2015
17.20legislative session by $17,500,000 or less, the
17.21amount of the difference between the actual
17.22and estimated positive general fund balance
17.23from the fiscal year 2015 closing balance
17.24is transferred to the disaster contingency
17.25account under Minnesota Statutes, section
17.2612.221, subdivision 6, and the fire safety
17.27account in the special revenue fund under
17.28Minnesota Statutes, section 299F.012.
17.29The commissioner shall allocate the funds
17.30proportionately between the two accounts in
17.31this paragraph.
17.32(c) No later than October 15, 2015, the
17.33commissioner of management and budget
17.34must notify the chairs and ranking minority
17.35members of the legislative committees with
18.1jurisdiction over the disaster contingency
18.2account and the fire safety account of:
18.3(1) the amount of the positive unrestricted
18.4general fund balance estimated under
18.5paragraph (a); and
18.6(2) the dollar amount transferred to the
18.7disaster contingency account and the fire
18.8safety account under this section.
18.9(d) Any amount transferred to the fire safety
18.10account under this section is appropriated
18.11in fiscal year 2016 to the commissioner of
18.12public safety for activities under Minnesota
18.13Statutes, section 299F.012. This is a onetime
18.14appropriation.
| 18.15 18.16 |
Sec. 18. AVIAN INFLUENZA EMERGENCY RESPONSE. |
||||||
18.1812.221, subdivision 6, for fiscal years 2016
18.19and 2017 only, the disaster contingency
18.20account, under Minnesota Statutes, section
18.2112.221, subdivision 6, may be used to pay for
18.22costs of eligible avian influenza emergency
18.23response activities. By January 15, 2018, the
18.24commissioner of management and budget
18.25must report to the chairs and ranking minority
18.26members of the senate Finance Committee
18.27and the house of representatives Committee
18.28on Ways and Means on any amount used for
18.29avian influenza under this section.
18.30 Sec. 19. Minnesota Statutes 2014, section 357.021, subdivision 2, is amended to read:
18.31 Subd. 2. Fee amounts. The fees to be charged and collected by the court
18.32administrator shall be as follows:
19.1 (1) In every civil action or proceeding in said court, including any case arising
19.2under the tax laws of the state that could be transferred or appealed to the Tax Court, the
19.3plaintiff, petitioner, or other moving party shall pay, when the first paper is filed for that
19.4party in said action, a fee of $310, except in marriage dissolution actions the fee is $340.
19.5 The defendant or other adverse or intervening party, or any one or more of several
19.6defendants or other adverse or intervening parties appearing separately from the others,
19.7shall pay, when the first paper is filed for that party in said action, a fee of $310, except in
19.8marriage dissolution actions the fee is $340. This subdivision does not apply to the filing
19.9of an Application for Discharge of Judgment. Section 548.181 applies to an Application
19.10for Discharge of Judgment.
19.11 The party requesting a trial by jury shall pay $100.
19.12 The fees above stated shall be the full trial fee chargeable to said parties irrespective
19.13of whether trial be to the court alone, to the court and jury, or disposed of without trial,
19.14and shall include the entry of judgment in the action, but does not include copies or
19.15certified copies of any papers so filed or proceedings under chapter 103E, except the
19.16provisions therein as to appeals.
19.17 (2) Certified copy of any instrument from a civil or criminal proceeding, $14, and $8
19.18for an uncertified copy.
19.19 (3) Issuing a subpoena, $16 for each name.
19.20 (4) Filing a motion or response to a motion in civil, family, excluding child support,
19.21and guardianship cases, $100.
19.22 (5) Issuing an execution and filing the return thereof; issuing a writ of attachment,
19.23injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not
19.24specifically mentioned, $55.
19.25 (6) Issuing a transcript of judgment, or for filing and docketing a transcript of
19.26judgment from another court, $40.
19.27 (7) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment
19.28of judgment, $5.
19.29 (8) Certificate as to existence or nonexistence of judgments docketed, $5 for each
19.30name certified to.
19.31 (9) Filing and indexing trade name; or recording basic science certificate; or recording
19.32certificate of physicians, osteopaths, chiropractors, veterinarians, or optometrists, $5.
19.33 (10) For the filing of each partial, final, or annual account in all trusteeships, $55.
19.34 (11) For the deposit of a will, $27.
19.35 (12) For recording notary commission, $20.
20.1 (13) Filing a motion or response to a motion for modification of child support,
20.2a fee of $100.
20.3 (14) All other services required by law for which no fee is provided, such fee
20.4as compares favorably with those herein provided, or such as may be fixed by rule or
20.5order of the court.
20.6 (15) In addition to any other filing fees under this chapter, a surcharge in the amount of
20.7$75 must be assessed in accordance with section
20.8petition filed in district court to fund the fathers' adoption registry under section
20.9 The fees in clauses (3) and (5) need not be paid by a public authority or the party
20.10the public authority represents.
20.11EFFECTIVE DATE.This section is effective August 1, 2015, and applies to filings
20.12made on or after that date.
20.13 Sec. 20. [611A.212] PROGRAMS FOR SEXUAL ASSAULT PRIMARY
20.14PREVENTION.
20.15 Subdivision 1. Grants. The commissioner of public safety shall award grants
20.16to programs that provide sexual assault primary prevention services to prevent initial
20.17perpetration or victimization of sexual assault.
20.18 Subd. 2. Applications. Any public or private nonprofit agency may apply to the
20.19commissioner for a grant. The commissioner may give preference to applications from an
20.20agency receiving a grant from the programs for victims of sexual assault under Minnesota
20.21Statutes, section 611A.211. The application shall be submitted in a form approved by
20.22the commissioner.
20.23 Subd. 3. Duties of grantees. Every public or private nonprofit agency that receives
20.24a grant to provide sexual assault primary prevention services shall comply with rules of
20.25the commissioner related to the administration of the grant programs.
20.26 Subd. 4. Sexual assault. For the purpose of this section, "sexual assault" means a
20.27violation of Minnesota Statutes, sections 609.342 to 609.3453.
20.28 Sec. 21. Laws 2013, chapter 86, article 1, section 7, is amended to read:
| 20.29 |
Sec. 7. TAX COURT |
$ |
1,023,000 |
$ |
1,035,000 |
||
20.31$161,000 each year is for
20.32
20.33
21.1amount not expended in the first year does
21.2not cancel and is available in the second year.
21.3(b) Case Management System
21.4$25,000 each year is for the implementation
21.5and maintenance of a modern case
21.6management system.
21.7EFFECTIVE DATE.This section is effective retroactively from July 1, 2013.
21.8 Sec. 22. Laws 2013, chapter 86, article 1, section 9, is amended to read:
| 21.9 |
Sec. 9. BOARD ON JUDICIAL STANDARDS |
$ |
756,000 |
$ |
456,000 |
||
21.11$300,000 the first year is for deficiencies
21.12occurring in fiscal year 2013. This
21.13appropriation is available for expenditure the
21.14day following final enactment.
21.15(b) Major Disciplinary Actions
21.16$125,000 each year is for special
21.17investigative and hearing costs for major
21.18disciplinary actions undertaken by the
21.19board. This appropriation does not cancel.
21.20Any
21.21unspent balances remain available for these
21.22expenditures in subsequent fiscal years.
21.23EFFECTIVE DATE.This section is effective the day following final enactment.
21.24 Sec. 23. LIFESAVER GRANT PROGRAM.
21.25 Subdivision 1. Grant program. The commissioner of public safety shall establish
21.26a lifesaver grant program to assist local law enforcement agencies with the costs of
21.27developing lifesaver rapid response programs designed to quickly find individuals with
21.28medical conditions that cause wandering and result in many of these individuals becoming
21.29lost and missing. The search and rescue program must electronically track a lost or
21.30missing vulnerable senior citizen or an individual who is mentally impaired due to autism,
21.31Down Syndrome, Alzheimer's disease, or other mental impairment that causes wandering.
22.1The lifesaver program participant wears a small transmitter on the wrist to allow the local
22.2law enforcement agency to electronically locate the participant, if necessary, using a radio
22.3receiver. Grants may be awarded to new and existing programs. The commissioner shall
22.4administer and promote the grant program throughout the state and serve as liaison to
22.5lifesaver programs.
22.6 Subd. 2. Application; eligibility. A county law enforcement agency or two or more
22.7county, or county and city law enforcement agencies may apply to the commissioner for a
22.8grant in a form and manner established by the commissioner. The application must include:
22.9(1) an estimate of the number of people who might qualify for lifesaver assistance;
22.10(2) an estimate of the start-up cost for new programs or expansion costs for existing
22.11programs;
22.12(3) a statement of the number of personnel available for tracking lost persons;
22.13(4) a statement of available local funding sources; and
22.14(5) other information requested by the commissioner.
22.15 Subd. 3. Grant awards. To the extent funds are available, the commissioner may
22.16award, on a first-come, first-served basis, grants of up to $4,000 to eligible applicants
22.17to develop a new lifesaver program and up to $2,000 to eligible applicants to expand
22.18an existing program. Recipients developing a new lifesaver program shall be given
22.19priority over recipients expanding an existing program. Grant recipients must be located
22.20throughout the state to the extent feasible and consistent with this section.
22.21 Subd. 4. Uses of grant award. (a) A grant recipient may use an award only for
22.22the following:
22.23(1) to purchase emergency response kits, which shall include, at a minimum,
22.24equipment necessary to track and triangulate searches, transmitters, receivers, or any
22.25other related equipment; and
22.26(2) to train search personnel.
22.27(b) A grant recipient shall manage and provide for the operating costs of the lifesaver
22.28program after its initial development or expansion based on whether the grant is to
22.29develop a new program or expand an existing program.
22.30 Subd. 5. Report by local agencies. A grant recipient shall file a report with the
22.31commissioner itemizing the expenditures made to develop or expand its lifesaver program
22.32and how the recipient will provide for continued operating costs of the program.
23.3 Section 1. Minnesota Statutes 2014, section 253B.08, subdivision 2a, is amended to
23.4read:
23.5 Subd. 2a. Place of hearing. The hearing shall be conducted in a manner consistent
23.6with orderly procedure. The hearing shall be held at a courtroom meeting standards
23.7prescribed by local court rule which may be at a treatment facility. The hearing may be
23.8conducted by interactive video conference under General Rules of Practice, rule 131, and
23.9Minnesota Rules of Civil Commitment, rule 14.
23.10 Sec. 2. Minnesota Statutes 2014, section 253B.12, subdivision 2a, is amended to read:
23.11 Subd. 2a. Time and place for hearing. (a) Unless the proceedings are terminated
23.12under subdivision 1, paragraph (e), a review hearing must be held within 14 days after
23.13receipt by the committing court of the report required under subdivision 1, paragraph (c)
23.14or (d), and before the time the commitment expires. For good cause shown, the court
23.15may continue the hearing for up to an additional 14 days and extend any orders until
23.16the review hearing is held.
23.17(b) The patient, the patient's counsel, the petitioner, and other persons as the court
23.18directs must be given at least five days' notice of the time and place of the hearing.
23.19The hearing may be conducted by interactive video conference under General Rules of
23.20Practice, rule 131, and Minnesota Rules of Civil Commitment, rule 14.
23.21 Sec. 3. Minnesota Statutes 2014, section 253D.28, subdivision 2, is amended to read:
23.22 Subd. 2. Procedure. (a) The Supreme Court shall refer a petition for rehearing and
23.23reconsideration to the chief judge of the judicial appeal panel. The chief judge shall notify
23.24the committed person, the county attorneys of the county of commitment and county of
23.25financial responsibility, the commissioner, the executive director, any interested person,
23.26and other persons the chief judge designates, of the time and place of the hearing on
23.27the petition. The notice shall be given at least 14 days prior to the date of the hearing.
23.28The hearing may be conducted by interactive video conference under General Rules of
23.29Practice, rule 131, and Minnesota Rules of Civil Commitment, rule 14.
23.30 (b) Any person may oppose the petition. The committed person, the committed
23.31person's counsel, the county attorneys of the committing county and county of financial
23.32responsibility, and the commissioner shall participate as parties to the proceeding pending
23.33before the judicial appeal panel and shall, no later than 20 days before the hearing on the
24.1petition, inform the judicial appeal panel and the opposing party in writing whether they
24.2support or oppose the petition and provide a summary of facts in support of their position.
24.3(c) The judicial appeal panel may appoint examiners and may adjourn the hearing
24.4from time to time. It shall hear and receive all relevant testimony and evidence and make
24.5a record of all proceedings. The committed person, the committed person's counsel, and
24.6the county attorney of the committing county or the county of financial responsibility have
24.7the right to be present and may present and cross-examine all witnesses and offer a factual
24.8and legal basis in support of their positions.
24.9(d) The petitioning party seeking discharge or provisional discharge bears the
24.10burden of going forward with the evidence, which means presenting a prima facie case
24.11with competent evidence to show that the person is entitled to the requested relief. If
24.12the petitioning party has met this burden, the party opposing discharge or provisional
24.13discharge bears the burden of proof by clear and convincing evidence that the discharge or
24.14provisional discharge should be denied.
24.15(e) A party seeking transfer under section
24.16of the evidence that the transfer is appropriate.
24.17 Sec. 4. Minnesota Statutes 2014, section 486.10, subdivision 2, is amended to read:
24.18 Subd. 2. Disclosure; court reporter requirements; objections. (a) The existence
24.19of a contract or an exclusive agreement with a court reporter or court reporting firm for
24.20court reporting services must be disclosed as provided by this paragraph. Written notice of
24.21a contract or agreement must be included in the notice of taking deposition or the notice of
24.22legal proceeding before commencement of a legal proceeding at which court reporting
24.23services are being provided. Oral disclosure of a contract or agreement must be made on
24.24the record by the court reporter at the commencement of the legal proceeding.
24.25(b) A freelance court reporter or court reporting firm:
24.26(1) shall treat all parties to an action equally, providing comparable services to
24.27all parties;
24.28(2) shall charge the same rate for copies of the same transcript to all parties according
24.29to Minnesota Rules of Civil Procedure, rule 30.06;
24.30
24.31an action; and
24.32
24.33of court reporters.
25.1(c) An attorney shall state the reason for the objection to the provision of court
25.2reporting services by a freelance court reporter or court reporting firm and shall note
25.3the objection and the reason on the record.
25.4EFFECTIVE DATE.This section is effective August 1, 2015, and applies to legal
25.5proceedings commencing on or after that date.
25.6 Sec. 5. Minnesota Statutes 2014, section 486.10, subdivision 3, is amended to read:
25.7 Subd. 3. Remedies. Through objection by a party to the proceedings and upon
25.8the court's or presiding officer's
25.9paragraph (a), the court or presiding officer may: (1) declare that the record for which the
25.10court reporting services were provided is void and may order that the legal proceeding be
25.11reconducted; or (2) impose sanctions against the party violating subdivision 2, paragraph
25.12(a), including civil contempt of court, costs, and reasonable attorney fees resulting from
25.13the violation. If the legal proceedings are reconducted, the parties who
25.14subdivision 2, paragraph (a), are jointly and severally liable for costs associated with
25.15reconducting the legal proceeding and preparing the new record. Costs include, but are not
25.16limited to, attorney, witness, and freelance court reporter appearance and transcript fees.
25.17EFFECTIVE DATE.This section is effective August 1, 2015, and applies to legal
25.18proceedings commencing on or after that date.
25.21 Section 1. Minnesota Statutes 2014, section 5B.11, is amended to read:
25.225B.11 LEGAL PROCEEDINGS; PROTECTIVE ORDER.
25.23
25.24program participant's address is protected under section 5B.05, no person or entity shall
25.25be compelled to disclose the participant's actual address during the discovery phase of or
25.26during a proceeding before a court or other tribunal unless the court or tribunal finds that:
25.27(1) there is a reasonable belief that the address is needed to obtain information or
25.28evidence without which the investigation, prosecution, or litigation cannot proceed; and
25.29(2) there is no other practicable way of obtaining the information or evidence.
25.30The court must provide the program participant with notice that address disclosure
25.31is sought and an opportunity to present evidence regarding the potential harm to the
25.32safety of the program participant if the address is disclosed. In determining whether to
25.33compel disclosure, the court must consider whether the potential harm to the safety of the
26.1participant is outweighed by the interest in disclosure. In a criminal proceeding, the court
26.2must order disclosure of a program participant's address if protecting the address would
26.3violate a defendant's constitutional right to confront a witness.
26.4Disclosure of a participant's actual address under this section shall be limited under
26.5the terms of the order to ensure that the disclosure and dissemination of the actual address
26.6will be no wider than necessary for the purposes of the investigation, prosecution, or
26.7litigation.
26.8Nothing in this section prevents the court or other tribunal
26.9protective order to prevent disclosure of information other than the participant's actual
26.10address that could reasonably lead to the discovery of the program participant's location.
26.11 Sec. 2. Minnesota Statutes 2014, section 13.03, subdivision 6, is amended to read:
26.12 Subd. 6. Discoverability of not public data. If a government entity opposes
26.13discovery of government data or release of data pursuant to court order on the grounds
26.14that the data are classified as not public, the party that seeks access to the data may bring
26.15before the appropriate presiding judicial officer, arbitrator, or administrative law judge an
26.16action to compel discovery or an action in the nature of an action to compel discovery.
26.17The presiding officer shall first decide whether the data are discoverable or releasable
26.18pursuant to the rules of evidence and of criminal, civil, or administrative procedure
26.19appropriate to the action.
26.20If the data are discoverable the presiding officer shall decide whether the benefit to
26.21the party seeking access to the data outweighs any harm to the confidentiality interests
26.22of the entity maintaining the data, or of any person who has provided the data or who
26.23is the subject of the data, or to the privacy interest of an individual identified in the
26.24data. In making the decision, the presiding officer shall consider whether notice to the
26.25subject of the data is warranted and, if warranted, what type of notice must be given. The
26.26presiding officer may fashion and issue any protective orders necessary to assure proper
26.27handling of the data by the parties. If the data are a videotape of a child victim or alleged
26.28victim alleging, explaining, denying, or describing an act of physical or sexual abuse,
26.29the presiding officer shall consider the provisions of section
26.30paragraph (b). If the data are data subject to the protections under chapter 5B or section
26.3113.045, the presiding officer shall consider the provisions of section 5B.11.
26.32 Sec. 3. Minnesota Statutes 2014, section 97A.421, is amended by adding a subdivision
26.33to read:
27.1 Subd. 3a. License revocation after conviction; firearm suppressor. (a) A person
27.2who is convicted of a violation under paragraph (b) and possessed a firearm with a
27.3suppressor may not obtain a hunting license or hunt wild animals for five years from the
27.4date of conviction.
27.5(b) The revocation under this subdivision applies to convictions of:
27.6(1) trespass as provided in section 97A.315, subdivision 1, paragraph (b);
27.7(2) hunting game in closed season;
27.8(3) hunting game more than one-half hour before legal shooting hours or more than
27.9one-half hour after legal shooting hours; or
27.10(4) using artificial lights to spot, locate, or take wild animals while in possession of
27.11a firearm.
27.12EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
27.13committed on or after that date.
27.14 Sec. 4. Minnesota Statutes 2014, section 168A.1501, subdivision 1, is amended to read:
27.15 Subdivision 1. Definitions. (a) For purposes of this section, the terms defined in
27.16this subdivision have the meanings given.
27.17(b) "Law enforcement agency" or "agency" means a duly authorized municipal,
27.18county, state, or federal law enforcement agency.
27.19(c) "Person" means an individual, partnership, limited partnership, limited liability
27.20company, corporation, or other entity.
27.21(d) "Scrap vehicle" means a motor vehicle purchased primarily as scrap, for its reuse
27.22or recycling value as raw metal, or for dismantling for parts.
27.23(e) "Scrap vehicle operator" or "operator" means the following persons who engage
27.24in a transaction involving the purchase or acquisition of a scrap vehicle: scrap metal
27.25processors licensed under section
27.26dealers licensed under section
27.27under section
27.28(f)
27.29
27.30
27.31
27.32card number, or other identification document issued for identification purposes by any
27.33state, federal, or foreign government if the document includes the person's photograph,
27.34full name, birth date, and signature.
27.35
28.1EFFECTIVE DATE.This section is effective the day following final enactment.
28.2 Sec. 5. Minnesota Statutes 2014, section 168A.1501, subdivision 6, is amended to read:
28.3 Subd. 6. Additional reporting.
28.4
28.5acquisition of a scrap vehicle to the National Motor Vehicle Title Information System,
28.6established pursuant to United States Code, title 49, section 30502, by the close of
28.7business the following day:
28.8(1) an operator who is not licensed under section
28.9(2) an operator who purchases a scrap vehicle under subdivision 9.
28.10EFFECTIVE DATE.This section is effective the day following final enactment.
28.11 Sec. 6. Minnesota Statutes 2014, section 169.98, is amended by adding a subdivision
28.12to read:
28.13 Subd. 3a. Bondsman or bail enforcement agent vehicle. All motor vehicles
28.14that are used by a bondsman or bail enforcement agent as defined in section 626.88,
28.15subdivision 1, paragraph (d), may have any color other than those specified in subdivision
28.161 for law enforcement vehicles. A bondsman or bail enforcement agent may not display
28.17markings on the vehicle in the form of a police shield, star, or any similar emblem that is
28.18typically associated with a marked law enforcement vehicle.
28.19 Sec. 7. Minnesota Statutes 2014, section 299A.73, subdivision 2, is amended to read:
28.20 Subd. 2. Applications. Applications for a grant-in-aid shall be made by the
28.21administering agency to the commissioner.
28.22The grant-in-aid is contingent upon the agency having obtained from the community
28.23in which the youth intervention program is established local matching money
28.24equal to the amount of the grant that is sought. The matching requirement is intended to
28.25leverage the investment of state and community dollars in supporting the efforts of the
28.26grantees to provide early intervention services to youth and their families.
28.27The commissioner shall provide the application form, procedures for making
28.28application form, criteria for review of the application, and kinds of contributions in
28.29addition to cash that qualify as local matching money. No grant to any agency may
28.30exceed
28.31 Sec. 8. Minnesota Statutes 2014, section 299C.35, is amended to read:
29.1299C.35 BUREAU TO BROADCAST CRIMINAL INFORMATION.
29.2It shall be the duty of the bureau to broadcast all police dispatches and reports
29.3submitted which, in the opinion of the superintendent, shall have a reasonable relation
29.4to or connection with the apprehension of criminals, the prevention of crime, and the
29.5maintenance of peace and order throughout the state. Every sheriff, peace officer, or
29.6other person
29.7
29.8information as the superintendent shall direct.
29.9 Sec. 9. Minnesota Statutes 2014, section 299C.38, is amended to read:
29.10299C.38 PRIORITY OF POLICE COMMUNICATIONS; MISDEMEANOR.
29.11
29.12
29.13willfully makes any false, misleading, or unfounded report to any
29.14
29.15the operation thereof, or with the intention of misleading any officer of this state, shall be
29.16guilty of a misdemeanor.
29.17 Sec. 10. Minnesota Statutes 2014, section 299C.46, subdivision 2, is amended to read:
29.18 Subd. 2. Criminal justice agency defined. For the purposes of sections
29.19
29.20political subdivision or the federal government charged with detection, enforcement,
29.21prosecution, adjudication or incarceration in respect to the criminal or traffic laws of this
29.22state. This definition also includes all sites identified and licensed as a detention facility
29.23by the commissioner of corrections under section
29.24serve part or all of the state from an office located outside the state.
29.25 Sec. 11. Minnesota Statutes 2014, section 299C.46, subdivision 2a, is amended to read:
29.26 Subd. 2a. Noncriminal justice agency defined. For the purposes of sections
29.28state or a political subdivision of the state charged with the responsibility of performing
29.29checks of state databases connected to the criminal justice data communications network.
29.30 Sec. 12. Minnesota Statutes 2014, section 325E.21, subdivision 1, is amended to read:
29.31 Subdivision 1. Definitions. (a) For purposes of this section, the terms defined in
29.32this subdivision have the meanings given.
30.1 (b) "Law enforcement agency" or "agency" means a duly authorized municipal,
30.2county, state, or federal law enforcement agency.
30.3 (c) "Person" means an individual, partnership, limited partnership, limited liability
30.4company, corporation, or other entity.
30.5 (d) "Scrap metal" means:
30.6 (1) wire and cable commonly and customarily used by communication and electric
30.7utilities; and
30.8 (2) copper, aluminum, or any other metal purchased primarily for its reuse or
30.9recycling value as raw metal, including metal that is combined with other materials at the
30.10time of purchase, but does not include a scrap vehicle as defined in section
30.11subdivision 1.
30.12 (e) "Scrap metal dealer" or "dealer" means a person engaged in the business of
30.13buying or selling scrap metal, or both.
30.14The terms do not include a person engaged exclusively in the business of buying or selling
30.15new or used motor vehicles, paper or wood products, rags or furniture, or secondhand
30.16machinery.
30.17(f)
30.18
30.19
30.20
30.21card number, or other identification document issued for identification purposes by any
30.22state, federal, or foreign government if the document includes the person's photograph,
30.23full name, birth date, and signature.
30.24EFFECTIVE DATE.This section is effective the day following final enactment.
30.25 Sec. 13. Minnesota Statutes 2014, section 325E.21, subdivision 2, is amended to read:
30.26 Subd. 2. Retention required. Records required to be maintained by subdivision 1a
30.27or 1b shall be retained by the scrap metal dealer for a period of three years.
30.28EFFECTIVE DATE.This section is effective the day following final enactment.
30.29 Sec. 14. Minnesota Statutes 2014, section 325E.21, subdivision 4, is amended to read:
30.30 Subd. 4. Registration required. (a) Every scrap metal dealer shall register annually
30.31with the commissioner.
30.32 (b) The scrap metal dealer shall pay to the commissioner of public safety a $50
30.33annual fee.
31.1
31.2EFFECTIVE DATE.This section is effective the day following final enactment.
31.3 Sec. 15. Minnesota Statutes 2014, section 352B.011, subdivision 10, is amended to read:
31.4 Subd. 10. Member. "Member" means:
31.5(1) a State Patrol member currently employed under section
31.6who is a peace officer under section
31.7out of state funds;
31.8(2) a conservation officer employed under section
31.9the state, whose salary or compensation is paid out of state funds;
31.10(3) a crime bureau officer who was employed by the crime bureau and was a member
31.11of the Highway Patrolmen's retirement fund on July 1, 1978, whether or not that person
31.12has the power of arrest by warrant after that date, or who is employed as police personnel,
31.13with powers of arrest by warrant under Minnesota Statutes 2009, section
31.14who is currently employed by the state, and whose salary or compensation is paid out
31.15of state funds;
31.16(4) a person who is employed by the state in the Department of Public Safety in a
31.17data processing management position with salary or compensation paid from state funds,
31.18who was a crime bureau officer covered by the State Patrol retirement plan on August
31.1915, 1987, and who was initially hired in the data processing management position within
31.20the department during September 1987, or January 1988, with membership continuing
31.21for the duration of the person's employment in that position, whether or not the person
31.22has the power of arrest by warrant after August 15, 1987;
31.23(5) a public safety employee who is a peace officer under section
31.241
31.25Enforcement under section
31.26(6) a Fugitive Apprehension Unit officer after October 31, 2000, who is employed
31.27by the Office of Special Investigations of the Department of Corrections and who is a
31.28peace officer under section
31.29(7) an employee of the Department of Commerce defined as a peace officer in section
31.31under section
31.32retirement age specified in section
31.33(8) an employee of the Department of Public Safety, who is a licensed peace officer
31.34under section
31.35coordinator of the Violent Crime Coordinating Council.
32.1 Sec. 16. Minnesota Statutes 2014, section 609.02, is amended by adding a subdivision
32.2to read:
32.3 Subd. 17. Ammunition. "Ammunition" means ammunition or cartridge cases,
32.4primers, bullets, or propellent powder designed for use in any firearm. Ammunition
32.5does not include ornaments, curiosities, or souvenirs constructed from or resembling
32.6ammunition or ammunition components that are not operable as ammunition.
32.7EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
32.8committed on or after that date.
32.9 Sec. 17. Minnesota Statutes 2014, section 609.11, subdivision 9, is amended to read:
32.10 Subd. 9. Applicable offenses. The crimes for which mandatory minimum
32.11sentences shall be served as provided in this section are: murder in the first, second,
32.12or third degree; assault in the first, second, or third degree; burglary; kidnapping; false
32.13imprisonment; manslaughter in the first or second degree; aggravated robbery; simple
32.14robbery; first-degree or aggravated first-degree witness tampering; criminal sexual
32.15conduct under the circumstances described in sections
32.16(a) to (f);
32.17(a) to (e) and (h) to (j); escape from custody; arson in the first, second, or third degree;
32.18drive-by shooting under section
32.19subdivision 3
32.20in violation of section
32.21felony violation of chapter 152; or any attempt to commit any of these offenses.
32.22EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
32.23committed on or after that date.
32.24 Sec. 18. Minnesota Statutes 2014, section 609.165, is amended to read:
32.25609.165 RESTORATION OF CIVIL RIGHTS; POSSESSION OF FIREARMS
32.26AND AMMUNITION.
32.27 Subdivision 1. Restoration. When a person has been deprived of civil rights by
32.28reason of conviction of a crime and is thereafter discharged, such discharge shall restore the
32.29person to all civil rights and to full citizenship, with full right to vote and hold office, the
32.30same as if such conviction had not taken place, and the order of discharge shall so provide.
32.31 Subd. 1a. Certain convicted felons ineligible to possess firearms or ammunition.
32.32The order of discharge must provide that a person who has been convicted of a crime of
32.33violence, as defined in section
33.1possess, or receive a firearm or ammunition for the remainder of the person's lifetime.
33.2Any person who has received such a discharge and who thereafter has received a relief
33.3of disability under United States Code, title 18, section 925, or whose ability to possess
33.4firearms and ammunition has been restored under subdivision 1d, shall not be subject to
33.5the restrictions of this subdivision.
33.6 Subd. 1b. Violation and penalty. (a) Any person who has been convicted of a
33.7crime of violence, as defined in section
33.8possesses, or receives a firearm or ammunition, commits a felony and may be sentenced
33.9to imprisonment for not more than 15 years or to payment of a fine of not more than
33.10$30,000, or both.
33.11(b) A conviction and sentencing under this section shall be construed to bar a
33.12conviction and sentencing for a violation of section
33.13(c) The criminal penalty in paragraph (a) does not apply to any person who has
33.14received a relief of disability under United States Code, title 18, section 925, or whose
33.15ability to possess firearms and ammunition has been restored under subdivision 1d.
33.16 Subd. 1d. Judicial restoration of ability to possess
33.17ammunition by felon. A person prohibited by state law from shipping, transporting,
33.18possessing, or receiving a firearm or ammunition because of a conviction or a delinquency
33.19adjudication for committing a crime of violence may petition a court to restore the
33.20person's ability to possess, receive, ship, or transport firearms and otherwise deal with
33.21firearms and ammunition.
33.22The court may grant the relief sought if the person shows good cause to do so and
33.23the person has been released from physical confinement.
33.24If a petition is denied, the person may not file another petition until three years have
33.25elapsed without the permission of the court.
33.26 Subd. 2. Discharge. The discharge may be:
33.27(1) by order of the court following stay of sentence or stay of execution of sentence; or
33.28(2) upon expiration of sentence.
33.29 Subd. 3. Applicability. This section does not apply to a forfeiture of and
33.30disqualification for public office as provided in section
33.31EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
33.32committed on or after that date.
33.33 Sec. 19. Minnesota Statutes 2014, section 609.66, subdivision 1a, is amended to read:
34.1 Subd. 1a. Felony crimes;
34.2(a)
34.3guilty of a felony and may be sentenced as provided in paragraph (b):
34.4(1) sells or has in possession
34.5
34.6(2) intentionally discharges a firearm under circumstances that endanger the safety
34.7of another; or
34.8(3) recklessly discharges a firearm within a municipality.
34.9(b) A person convicted under paragraph (a) may be sentenced as follows:
34.10(1) if the act was a violation of paragraph (a), clause (2), or if the act was a violation
34.11of paragraph (a), clause (1) or (3), and was committed in a public housing zone, as defined
34.12in section
34.1314a
34.14more than five years or to payment of a fine of not more than $10,000, or both; or
34.15(2) otherwise, to imprisonment for not more than two years or to payment of a fine
34.16of not more than $5,000, or both.
34.17(c) As used in this subdivision, "suppressor" means any device for silencing, muffling,
34.18or diminishing the report of a portable firearm, including any combination of parts,
34.19designed or redesigned, and intended for use in assembling or fabricating a firearm silencer
34.20or firearm muffler, and any part intended only for use in such assembly or fabrication.
34.21 Sec. 20. Minnesota Statutes 2014, section 609.66, subdivision 1g, is amended to read:
34.22 Subd. 1g. Felony; possession in courthouse or certain state buildings. (a)
34.23A person who commits either of the following acts is guilty of a felony and may be
34.24sentenced to imprisonment for not more than five years or to payment of a fine of not
34.25more than $10,000, or both:
34.26(1) possesses a dangerous weapon, ammunition, or explosives within any courthouse
34.27complex; or
34.28(2) possesses a dangerous weapon, ammunition, or explosives in any state building
34.29within the Capitol Area described in chapter 15B, other than the National Guard Armory.
34.30(b) Unless a person is otherwise prohibited or restricted by other law to possess a
34.31dangerous weapon, this subdivision does not apply to:
34.32(1) licensed peace officers or military personnel who are performing official duties;
34.33(2) persons who carry pistols according to the terms of a permit issued under section
35.1(3) persons who possess dangerous weapons for the purpose of display as
35.2demonstrative evidence during testimony at a trial or hearing or exhibition in compliance
35.3with advance notice and safety guidelines set by the sheriff or the commissioner of public
35.4safety; or
35.5(4) persons who possess dangerous weapons in a courthouse complex with the
35.6express consent of the county sheriff or who possess dangerous weapons in a state building
35.7with the express consent of the commissioner of public safety.
35.8(c) For purposes of this subdivision, the issuance of a permit to carry under section
35.9624.714 constitutes notification of the commissioner of public safety as required under
35.10paragraph (b), clause (2).
35.11 Sec. 21. Minnesota Statutes 2014, section 611A.31, subdivision 1, is amended to read:
35.12 Subdivision 1. Scope. For the purposes of sections
35.13the following terms have the meanings given.
35.14 Sec. 22. Minnesota Statutes 2014, section 611A.33, is amended to read:
35.15611A.33 DUTIES OF COMMISSIONER.
35.16The commissioner shall:
35.17(1) review applications for and award grants to a program pursuant to section
35.19(2) appoint a program director to perform the duties set forth in section
35.20(3) design and implement a uniform method of collecting data on domestic abuse
35.21victims to be used to evaluate the programs funded under section
35.22(4) provide technical aid to applicants in the development of grant requests and
35.23provide technical aid to programs in meeting the data collection requirements established
35.24by the commissioner; and
35.25(5) adopt, under chapter 14, all rules necessary to implement the provisions of
35.26sections
35.27 Sec. 23. Minnesota Statutes 2014, section 611A.35, is amended to read:
35.28611A.35 DOMESTIC ABUSE PROGRAM DIRECTOR.
35.29The commissioner shall appoint a program director. The program director shall
35.30administer the funds appropriated for sections
35.31other duties related to battered women's and domestic abuse programs as the commissioner
35.32may assign. The program director shall serve at the pleasure of the commissioner in
35.33the unclassified service.
36.1 Sec. 24. Minnesota Statutes 2014, section 624.71, is amended to read:
36.2624.71 GUN CONTROL; APPLICATION OF FEDERAL LAW.
36.3 Subdivision 1. Application. Notwithstanding any other law to the contrary, it shall
36.4be lawful for any federally licensed importer, manufacturer, dealer, or collector to sell and
36.5deliver firearms and ammunition to a resident of
36.6where such sale and delivery is lawful under the federal Gun Control Act of 1968 (Public
36.7Law 90-618).
36.8 Subd. 2. Contiguous state purchases. Notwithstanding any other law to
36.9the contrary, it shall be lawful for a resident of Minnesota to purchase firearms and
36.10ammunition in
36.11lawful under the federal Gun Control Act of 1968 (Public Law 90-618).
36.12 Sec. 25. Minnesota Statutes 2015, section 624.712, is amended by adding a subdivision
36.13to read:
36.14 Subd. 12. Ammunition. "Ammunition" has the meaning given in section 609.02,
36.15subdivision 17.
36.16EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
36.17committed on or after that date.
36.18 Sec. 26. Minnesota Statutes 2014, section 624.713, subdivision 1, is amended to read:
36.19 Subdivision 1. Ineligible persons. The following persons shall not be entitled to
36.20possess ammunition or a pistol or semiautomatic military-style assault weapon or, except
36.21for clause (1), any other firearm:
36.22(1) a person under the age of 18 years except that a person under 18 may possess
36.23ammunition designed for use in a firearm that the person may lawfully possess and may
36.24carry or possess a pistol or semiautomatic military-style assault weapon (i) in the actual
36.25presence or under the direct supervision of the person's parent or guardian, (ii) for the
36.26purpose of military drill under the auspices of a legally recognized military organization
36.27and under competent supervision, (iii) for the purpose of instruction, competition, or target
36.28practice on a firing range approved by the chief of police or county sheriff in whose
36.29jurisdiction the range is located and under direct supervision; or (iv) if the person has
36.30successfully completed a course designed to teach marksmanship and safety with a pistol
36.31or semiautomatic military-style assault weapon and approved by the commissioner of
36.32natural resources;
37.1(2) except as otherwise provided in clause (9), a person who has been convicted of,
37.2or adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing,
37.3in this state or elsewhere, a crime of violence. For purposes of this section, crime of
37.4violence includes crimes in other states or jurisdictions which would have been crimes of
37.5violence as herein defined if they had been committed in this state;
37.6(3) a person who is or has ever been committed in Minnesota or elsewhere by
37.7a judicial determination that the person is mentally ill, developmentally disabled, or
37.8mentally ill and dangerous to the public, as defined in section
37.9facility, or who has ever been found incompetent to stand trial or not guilty by reason of
37.10mental illness, unless the person's ability to possess a firearm and ammunition has been
37.11restored under subdivision 4;
37.12(4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or
37.13gross misdemeanor violation of chapter 152, unless three years have elapsed since the
37.14date of conviction and, during that time, the person has not been convicted of any other
37.15such violation of chapter 152 or a similar law of another state; or a person who is or has
37.16ever been committed by a judicial determination for treatment for the habitual use of a
37.17controlled substance or marijuana, as defined in sections
37.18person's ability to possess a firearm and ammunition has been restored under subdivision 4;
37.19(5) a person who has been committed to a treatment facility in Minnesota or
37.20elsewhere by a judicial determination that the person is chemically dependent as defined
37.21in section
37.22possess a firearm and ammunition has been restored under subdivision 4. Property rights
37.23may not be abated but access may be restricted by the courts;
37.24(6) a peace officer who is informally admitted to a treatment facility pursuant to
37.25section
37.26the head of the treatment facility discharging or provisionally discharging the officer from
37.27the treatment facility. Property rights may not be abated but access may be restricted
37.28by the courts;
37.29(7) a person, including a person under the jurisdiction of the juvenile court, who
37.30has been charged with committing a crime of violence and has been placed in a pretrial
37.31diversion program by the court before disposition, until the person has completed the
37.32diversion program and the charge of committing the crime of violence has been dismissed;
37.33(8) except as otherwise provided in clause (9), a person who has been convicted in
37.34another state of committing an offense similar to the offense described in section
37.35subdivision 3
37.363
38.1person has not been convicted of any other violation of section
38.3(9) a person who has been convicted in this state or elsewhere of assaulting a family
38.4or household member and who was found by the court to have used a firearm in any way
38.5during commission of the assault is prohibited from possessing any type of firearm or
38.6ammunition for the period determined by the sentencing court;
38.7(10) a person who:
38.8(i) has been convicted in any court of a crime punishable by imprisonment for a
38.9term exceeding one year;
38.10(ii) is a fugitive from justice as a result of having fled from any state to avoid
38.11prosecution for a crime or to avoid giving testimony in any criminal proceeding;
38.12(iii) is an unlawful user of any controlled substance as defined in chapter 152;
38.13(iv) has been judicially committed to a treatment facility in Minnesota or elsewhere
38.14as a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to
38.15the public, as defined in section
38.16(v) is an alien who is illegally or unlawfully in the United States;
38.17(vi) has been discharged from the armed forces of the United States under
38.18dishonorable conditions;
38.19(vii) has renounced the person's citizenship having been a citizen of the United
38.20States; or
38.21(viii) is disqualified from possessing a firearm under United States Code, title 18,
38.22section 922(g)(8) or (9), as amended through March 1, 2014;
38.23(11) a person who has been convicted of the following offenses at the gross
38.24misdemeanor level, unless three years have elapsed since the date of conviction and, during
38.25that time, the person has not been convicted of any other violation of these sections: section
38.27motivated by bias);
38.28child);
38.29gun);
38.30gross misdemeanor convictions include crimes committed in other states or jurisdictions
38.31which would have been gross misdemeanors if conviction occurred in this state;
38.32(12) a person who has been convicted of a violation of section
38.33determined that the assault was against a family or household member in accordance with
38.34section 609.2242, subdivision 8 (domestic assault), unless three years have elapsed since
38.35the date of conviction and, during that time, the person has not been convicted of another
38.36violation of section
39.1(13) a person who is subject to an order for protection as described in section
39.3A person who issues a certificate pursuant to this section in good faith is not
39.4liable for damages resulting or arising from the actions or misconduct with a firearm or
39.5ammunition committed by the individual who is the subject of the certificate.
39.6The prohibition in this subdivision relating to the possession of firearms other than
39.7pistols and semiautomatic military-style assault weapons does not apply retroactively
39.8to persons who are prohibited from possessing a pistol or semiautomatic military-style
39.9assault weapon under this subdivision before August 1, 1994.
39.10The lifetime prohibition on possessing, receiving, shipping, or transporting firearms
39.11and ammunition for persons convicted or adjudicated delinquent of a crime of violence
39.12in clause (2), applies only to offenders who are discharged from sentence or court
39.13supervision for a crime of violence on or after August 1, 1993.
39.14For purposes of this section, "judicial determination" means a court proceeding
39.15pursuant to sections
39.16EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
39.17committed on or after that date.
39.18 Sec. 27. Minnesota Statutes 2014, section 624.713, subdivision 1a, is amended to read:
39.19 Subd. 1a. Ineligible to receive, ship, transport. A person presently charged with a
39.20crime punishable by imprisonment for a term exceeding one year shall not be entitled to
39.21receive, ship, or transport any pistol or semiautomatic military-style assault weapon or
39.22ammunition designed for use in a pistol or semiautomatic military-style assault weapon. A
39.23violation of this subdivision is a gross misdemeanor.
39.24EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
39.25committed on or after that date.
39.26 Sec. 28. Minnesota Statutes 2014, section 624.713, subdivision 2, is amended to read:
39.27 Subd. 2. Penalties. (a) A person named in subdivision 1, clause (1), who possesses
39.28ammunition or a pistol or semiautomatic military-style assault weapon in violation of that
39.29clause is guilty of a felony and may be sentenced to imprisonment for not more than five
39.30years or to payment of a fine of not more than $10,000, or both.
39.31(b) A person named in subdivision 1, clause (2), who possesses any type of firearm
39.32or ammunition is guilty of a felony and may be sentenced to imprisonment for not more
39.33than 15 years or to payment of a fine of not more than $30,000, or both. This paragraph
40.1does not apply to any person who has received a relief of disability under United States
40.2Code, title 18, section 925, or whose ability to possess firearms and ammunition has been
40.3restored under section
40.4(c) A person named in any other clause of subdivision 1 who possesses any type of
40.5firearm or ammunition is guilty of a gross misdemeanor.
40.6EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
40.7committed on or after that date.
40.8 Sec. 29. Minnesota Statutes 2014, section 624.713, subdivision 3, is amended to read:
40.9 Subd. 3. Notice. (a) When a person is convicted of, or adjudicated delinquent or
40.10convicted as an extended jurisdiction juvenile for committing, a crime of violence as defined
40.11in section
40.12prohibited from possessing ammunition or a pistol or semiautomatic military-style assault
40.13weapon for the remainder of the person's lifetime, and that it is a felony offense to violate
40.14this prohibition. The failure of the court to provide this information to a defendant does
40.15not affect the applicability of the ammunition or pistol or semiautomatic military-style
40.16assault weapon possession prohibition or the felony penalty to that defendant.
40.17(b) When a person, including a person under the jurisdiction of the juvenile court, is
40.18charged with committing a crime of violence and is placed in a pretrial diversion program
40.19by the court before disposition, the court shall inform the defendant that: (1) the defendant
40.20is prohibited from possessing a pistol or semiautomatic military-style assault weapon or
40.21ammunition designed for use in a pistol or semiautomatic military-style assault weapon
40.22until the person has completed the diversion program and the charge of committing a
40.23crime of violence has been dismissed; (2) it is a gross misdemeanor offense to violate this
40.24prohibition; and (3) if the defendant violates this condition of participation in the diversion
40.25program, the charge of committing a crime of violence may be prosecuted. The failure
40.26of the court to provide this information to a defendant does not affect the applicability
40.27of the ammunition or pistol or semiautomatic military-style assault weapon possession
40.28prohibition or the gross misdemeanor penalty to that defendant.
40.29(c) A court shall notify a person subject to subdivision 1, clause (3), of the
40.30prohibitions described in that clause and those described in United States Code, title 18,
40.31sections 922(d)(4) and 922(g)(4).
40.32EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
40.33committed on or after that date.
41.1 Sec. 30. Minnesota Statutes 2014, section 624.713, subdivision 4, is amended to read:
41.2 Subd. 4. Restoration of firearms and ammunition eligibility to civilly committed
41.3person; petition authorized. (a) A person who is prohibited from possessing a firearm
41.4or ammunition under subdivision 1, due to commitment resulting from a judicial
41.5determination that the person is mentally ill, developmentally disabled, mentally ill and
41.6dangerous, or chemically dependent, may petition a court to restore the person's ability to
41.7possess a firearm or ammunition.
41.8(b) The court may grant the relief sought in paragraph (a) in accordance with
41.9the principles of due process if the circumstances regarding the person's disqualifying
41.10condition and the person's record and reputation are determined to be such that:
41.11(1) the person is not likely to act in a manner that is dangerous to public safety; and
41.12(2) the granting of relief would not be contrary to the public interest.
41.13(c) When determining whether a person has met the requirement of paragraph (b),
41.14clause (1), the court may consider evidence from a licensed medical doctor or clinical
41.15psychologist that the person is no longer suffering from the disease or condition that
41.16caused the disability or that the disease or condition has been successfully treated for a
41.17period of three consecutive years.
41.18(d) Review on appeal shall be de novo.
41.19EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
41.20committed on or after that date.
41.21 Sec. 31. [624.7133] PURCHASING FIREARM ON BEHALF OF INELIGIBLE
41.22PERSON.
41.23Any person who purchases or otherwise obtains a firearm on behalf of or for transfer
41.24to a person known to be ineligible to possess or purchase a firearm pursuant to federal or
41.25state law is guilty of a gross misdemeanor.
41.26EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
41.27committed on or after that date.
41.28 Sec. 32. Minnesota Statutes 2014, section 624.714, subdivision 16, is amended to read:
41.29 Subd. 16. Recognition of permits from other states. (a) The commissioner must
41.30annually establish and publish a list of other states that have laws governing the issuance
41.31of permits to carry weapons that are not
41.32must be available on the Internet. A person holding a carry permit from a state not on
42.1the list may use the license or permit in this state subject to the rights, privileges, and
42.2requirements of this section.
42.3(b) Notwithstanding paragraph (a), no license or permit from another state is valid in
42.4this state if the holder is or becomes prohibited by law from possessing a firearm.
42.5(c) Any sheriff or police chief may file a petition under subdivision 12 seeking an
42.6order suspending or revoking an out-of-state permit holder's authority to carry a pistol in
42.7this state on the grounds set forth in subdivision 6, paragraph (a), clause (3). An order shall
42.8only be issued if the petitioner meets the burden of proof and criteria set forth in subdivision
42.912. If the court denies the petition, the court must award the permit holder reasonable
42.10costs and expenses including attorney fees. The petition may be filed in any county in the
42.11state where a person holding a license or permit from another state can be found.
42.12(d) The commissioner must, when necessary, execute reciprocity agreements
42.13regarding carry permits with jurisdictions whose carry permits are recognized under
42.14paragraph (a).
42.15 Sec. 33. Minnesota Statutes 2014, section 624.715, is amended to read:
42.16624.715 EXEMPTIONS; ANTIQUES AND ORNAMENTS.
42.17Sections
42.18or possessed as curiosities or for their historical significance or value, or to ammunition or
42.19primers, projectiles, or propellent powder designed solely for use in an antique firearm.
42.20EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
42.21committed on or after that date.
42.22 Sec. 34. [624.7192] AUTHORITY TO SEIZE AND CONFISCATE FIREARMS.
42.23 (a) This section applies only during the effective period of a state of emergency
42.24proclaimed by the governor relating to a public disorder or disaster.
42.25(b) A peace officer who is acting in the lawful discharge of the officer's official duties
42.26without a warrant may disarm a lawfully detained individual only temporarily and only if
42.27the officer reasonably believes it is immediately necessary for the protection of the officer
42.28or another individual. Before releasing the individual, the peace officer must return to the
42.29individual any seized firearms and ammunition, and components thereof, any firearms
42.30accessories and ammunition reloading equipment and supplies, and any other personal
42.31weapons taken from the individual, unless the officer: (1) takes the individual into
42.32physical custody for engaging in criminal activity or for observation pursuant to section
43.1253B.05, subdivision 2; or (2) seizes the items as evidence pursuant to an investigation for
43.2the commission of the crime for which the individual was arrested.
43.3(c) Notwithstanding any other law to the contrary, no governmental unit, government
43.4official, government employee, peace officer, or other person or body acting under
43.5governmental authority or color of law may undertake any of the following actions with
43.6regard to any firearms and ammunition, and components thereof; any firearms accessories
43.7and ammunition reloading equipment and supplies; and any other personal weapons:
43.8(1) prohibit, regulate, or curtail the otherwise lawful possession, carrying,
43.9transportation, transfer, defensive use, or other lawful use of any of these items;
43.10(2) seize, commandeer, or confiscate any of these items in any manner, except as
43.11expressly authorized in paragraph (b);
43.12(3) suspend or revoke a valid permit issued pursuant to section 624.7131 or 624.714,
43.13except as expressly authorized in those sections; or
43.14(4) close or limit the operating hours of businesses that lawfully sell or service any
43.15of these items, unless such closing or limitation of hours applies equally to all forms
43.16of commerce.
43.17(d) No provision of law relating to a public disorder or disaster emergency
43.18proclamation by the governor or any other governmental or quasi-governmental official,
43.19including but not limited to emergency management powers pursuant to chapters 9
43.20and 12, shall be construed as authorizing the governor or any other governmental or
43.21quasi-governmental official of this state or any of its political subdivisions acting at
43.22the direction of the governor or another official to act in violation of this paragraph
43.23or paragraphs (b) and (c).
43.24(e)(1) An individual aggrieved by a violation of this section may seek relief in an
43.25action at law or in equity or in any other proper proceeding for damages, injunctive relief,
43.26or other appropriate redress against a person who commits or causes the commission of
43.27this violation. Venue must be in the district court having jurisdiction over the county in
43.28which the aggrieved individual resides or in which the violation occurred.
43.29(2) In addition to any other remedy available at law or in equity, an individual
43.30aggrieved by the seizure or confiscation of an item listed in paragraph (c) in violation of
43.31this section may make application for the immediate return of the items to the office of the
43.32clerk of court for the county in which the items were seized and, except as provided in
43.33paragraph (b), the court must order the immediate return of the items by the seizing or
43.34confiscating governmental office and that office's employed officials.
43.35(3) In an action or proceeding to enforce this section, the court must award the
43.36prevailing plaintiff reasonable court costs and expenses, including attorney fees.
44.1EFFECTIVE DATE.This section is effective August 1, 2015.
44.2 Sec. 35. Minnesota Statutes 2014, section 626.88, is amended to read:
44.3626.88 UNIFORMS; PEACE OFFICERS, SECURITY GUARDS; COLOR.
44.4 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms
44.5have the meanings given them.
44.6(b) "Peace officer" means an employee of a political subdivision or state law
44.7enforcement agency who is licensed pursuant to sections
44.8the prevention and detection of crime and the enforcement of the general criminal laws of
44.9the state and who has full power of arrest, and shall also include Minnesota state troopers,
44.10state conservation officers, park police, and University of Minnesota police officers.
44.11(c) "Security guard" means any person who is paid a fee, wage, or salary to perform
44.12one or more of the following functions:
44.13(1) prevention or detection of intrusion, unauthorized entry or activity, vandalism,
44.14or trespass on private property;
44.15(2) prevention or detection of theft, loss, embezzlement, misappropriation, or
44.16concealment of merchandise, money, bonds, stocks, notes, or other valuable documents
44.17or papers;
44.18(3) control, regulation, or direction of the flow or movements of the public, whether
44.19by vehicle or otherwise, to assure protection of private property;
44.20(4) protection of individuals from bodily harm;
44.21(5) prevention or detection of intrusion, unauthorized entry or activity, vandalism,
44.22or trespass on Minnesota National Guard facilities, including, but not limited to, Camp
44.23Ripley and Air National Guard air bases; or
44.24(6) enforcement of policies and rules of the security guard's employer related to crime
44.25reduction insofar as such enforcement falls within the scope of security guard's duties.
44.26The term "security guard" does not include: (i) auditors, accountants, and accounting
44.27personnel performing audits or accounting functions; (ii) employees of a firm licensed
44.28pursuant to section
44.29nature; (iii) unarmed security personnel; (iv) personnel temporarily employed pursuant
44.30to statute or ordinance by political subdivisions to provide protective services at social
44.31functions; (v) employees of air or rail carriers.
44.32(d) "Bail bondsman" or "bail enforcement agent" means a surety acting as a bonding
44.33agent or any person who acts at the direction of a surety for the purpose of arresting a
44.34defendant that the surety believes:
44.35(1) is about to flee;
45.1(2) will not appear in court as required by the defendant's recognizance; or
45.2(3) will otherwise not perform the conditions of the recognizance.
45.3 Subd. 2. Uniforms. (a) Uniforms for peace officers shall be of uniform colors
45.4throughout the state as provided herein. Uniforms for:
45.5(1) municipal peace officers, including University of Minnesota peace officers and
45.6peace officers assigned to patrol duties in parks, shall be blue, brown, or green;
45.7(2) peace officers who are members of the county sheriffs' office shall be blue,
45.8brown, or green;
45.9(3) state troopers shall be maroon;
45.10(4) conservation officers shall be green.
45.11(b) The uniforms of security guards may be any color other than those specified
45.12for peace officers.
45.13(c) The uniforms of a bail bondsman or bail enforcement agent or any person who
45.14acts at the direction of a surety may be any color other than those specified for peace
45.15officers. A violation of this paragraph is a petty misdemeanor.
45.16(d) This subdivision shall apply to uniforms purchased subsequent to January 1, 1981.
45.17 Subd. 3. Exception. Security guards employed by the Capitol Complex Security
45.18Division of the Department of Public Safety are not required to comply with subdivision 2.
45.19 Sec. 36. [626.96] BLUE ALERT SYSTEM.
45.20 Subdivision 1. Establishment. The commissioner of public safety shall establish a
45.21Blue Alert system to aid in the identification, location, and apprehension of an individual
45.22or individuals suspected of killing or seriously wounding a local, state, or federal law
45.23enforcement officer. The commissioner shall coordinate with local law enforcement
45.24agencies and public and commercial television and radio broadcasters to provide an
45.25effective alert system.
45.26 Subd. 2. Criteria and procedures. The commissioner, in consultation with
45.27the Board of Peace Officer Standards and Training, the Minnesota Police and Peace
45.28Officers Association, the Minnesota Chiefs of Police Association, the Minnesota Sheriffs
45.29Association, the Minnesota chapter of the National Emergency Number Association, the
45.30Minnesota chapter of the Association of Public Safety Communications Officials, and the
45.31commissioner of transportation, shall develop criteria and procedures for the Blue Alert
45.32system. By October 1, 2015, the commissioner shall adopt criteria and procedures for the
45.33Blue Alert system.
46.1 Subd. 3. Oversight. The commissioner shall regularly review the function of the
46.2Blue Alert system and revise its criteria and procedures to provide for efficient and
46.3effective public notification.
46.4 Subd. 4. Scope. The Blue Alert system shall include all state and local agencies
46.5capable of providing urgent and timely information to the public, together with
46.6broadcasters and other private entities that volunteer to participate in the dissemination of
46.7urgent public information.
46.8 Subd. 5. Additional notice. The commissioner may notify authorities and entities
46.9outside of the state upon verification that the criteria established under this section have
46.10been met.
46.11 Subd. 6. False reports. A person who knowingly makes a false report that triggers
46.12an alert under this section is guilty of a misdemeanor.
46.13 Sec. 37. STATEWIDE ACCOUNTING OF UNTESTED RAPE KITS.
46.14(a) As used in this section, the following terms have the meanings provided:
46.15(1) "bureau" means the Bureau of Criminal Apprehension;
46.16(2) "forensic laboratory" has the meaning provided in Minnesota Statutes, section
46.17299C.157, subdivision 1, clause (2);
46.18(3) "rape kit" means a sexual assault examination kit;
46.19(4) "superintendent" means the superintendent of the bureau;
46.20(5) "untested rape kit" means a rape kit that has been used to collect evidence and:
46.21(i) has not been submitted to the bureau for DNA analysis but has been cleared for testing
46.22through the written consent of the victim; or (ii) has been submitted to the bureau for
46.23DNA analysis but the analysis has not been completed; and
46.24(6) "victim" has the meaning provided in Minnesota Statutes, section 611A.01,
46.25paragraph (b).
46.26(b) By August 1, 2015, the director of the bureau's forensic science division, each
46.27executive director of a publicly funded forensic laboratory that tests rape kits, and each
46.28sheriff and chief of police must prepare and submit a written report to the superintendent
46.29that identifies the number of untested rape kits in the possession of the official's agency
46.30or department. The report must be in a form prescribed by the superintendent. At a
46.31minimum, each untested rape kit must be identified in the report by the date the evidence
46.32was collected and reasons why each untested rape kit was not tested. This report applies
46.33only to untested rape kits collected prior to July 1, 2015.
46.34(c) By December 1, 2015, the superintendent must submit a report to the majority
46.35leader of the senate, the speaker of the house, and the Office of the Attorney General
47.1identifying, by agency and date collected, each untested rape kit disclosed in the reports
47.2required by paragraph (b). The report must also provide a detailed plan to resolve any
47.3backlog of untested rape kits held by the bureau and other agencies or departments.
47.4EFFECTIVE DATE.This section is effective the day following final enactment.
47.5 Sec. 38. REPEALER.
47.6(a) Minnesota Statutes 2014, sections 168A.1501, subdivisions 5 and 5a; 299C.36;
47.7and 325E.21, subdivisions 1c and 1d, are repealed.
47.8(b) Laws 2014, chapter 190, sections 10; and 11, are repealed.
47.9(c) Minnesota Statutes 2014, sections 97B.031, subdivision 4; and 609.66,
47.10subdivision 1h, are repealed.
47.11EFFECTIVE DATE.Paragraphs (a) and (b) are effective the day following final
47.12enactment. Paragraph (c) is effective August 1, 2015.
47.15 Section 1. Minnesota Statutes 2014, section 181.06, subdivision 2, is amended to read:
47.16 Subd. 2. Payroll deductions. A written contract may be entered into between
47.17an employer and an employee wherein the employee authorizes the employer to make
47.18payroll deductions for the purpose of paying union dues, premiums of any life insurance,
47.19hospitalization and surgical insurance, group accident and health insurance, group term
47.20life insurance, group annuities or contributions to credit unions or a community chest
47.21fund, a local arts council, a local science council or a local arts and science council, or
47.22Minnesota benefit association, a federally or state registered political action committee,
47.23membership dues of a relief association governed by sections 424A.091 to 424A.096 or
47.24Laws 2013, chapter 111, article 5, sections 31 to 42, or participation in any employee
47.25stock purchase plan or savings plan for periods longer than 60 days, including gopher state
47.26bonds established under section
47.27EFFECTIVE DATE.This section is effective August 1, 2015.
47.28 Sec. 2. Minnesota Statutes 2014, section 181.101, is amended to read:
47.29181.101 WAGES; HOW OFTEN PAID.
47.30(a) Except as provided in paragraph (b), every employer must pay all wages earned
47.31by an employee at least once every 31 days on a regular payday designated in advance by
47.32the employer regardless of whether the employee requests payment at longer intervals.
48.1Unless paid earlier, the wages earned during the first half of the first 31-day pay period
48.2become due on the first regular payday following the first day of work. If wages earned
48.3are not paid, the commissioner of labor and industry or the commissioner's representative
48.4may demand payment on behalf of an employee. If payment is not made within ten days
48.5of demand, the commissioner may charge and collect the wages earned and a penalty
48.6in the amount of the employee's average daily earnings at the rate agreed upon in the
48.7contract of employment, not exceeding 15 days in all, for each day beyond the ten-day
48.8limit following the demand. Money collected by the commissioner must be paid to the
48.9employee concerned. This section does not prevent an employee from prosecuting a
48.10claim for wages. This section does not prevent a school district, other public school
48.11entity, or other school, as defined under section
48.12by its employees during a school year on regular paydays in the manner provided by an
48.13applicable contract or collective bargaining agreement, or a personnel policy adopted by
48.14the governing board. For purposes of this section, "employee" includes a person who
48.15performs agricultural labor as defined in section
48.16this section, wages are earned on the day an employee works.
48.17(b) An employer of a volunteer firefighter, as defined in section 424A.001,
48.18subdivision 10, a member of an organized first responder squad that is formally recognized
48.19by a political subdivision in the state, or a volunteer ambulance driver or attendant must
48.20pay all wages earned by the volunteer firefighter, first responder, or volunteer ambulance
48.21driver or attendant at least once every 31 days, unless the employer and the employee
48.22mutually agree upon payment at longer intervals.
48.23EFFECTIVE DATE.This section is effective the day following final enactment.
48.24 Sec. 3. Minnesota Statutes 2014, section 299F.012, subdivision 1, is amended to read:
48.25 Subdivision 1. Authorized programs within department. From the revenues
48.26appropriated from the fire safety account, established under section 297I.06, subdivision
48.273, the commissioner of public safety may expend funds for the activities and programs
48.28identified by the advisory committee established under subdivision 2 and recommended to
48.29the commissioner of public safety. The commissioner shall not expend funds without the
48.30recommendation of the advisory committee established under subdivision 2. These funds
48.31are to be used to provide resources needed for identified activities and programs of the
48.32Minnesota fire service and to ensure the State Fire Marshal Division responsibilities are
48.33fulfilled. Any balance remaining in the account after the first year of the biennium must be
48.34appropriated to the commissioner of public safety for the purposes specified in law.
49.1 Sec. 4. Minnesota Statutes 2014, section 299N.03, subdivision 3, is amended to read:
49.2 Subd. 3. Chief firefighting officer. "Chief firefighting officer" means the highest
49.3ranking employee or appointed official of a fire department, or the highest ranking
49.4employee or appointed official's designee for the purposes of this chapter.
49.5 Sec. 5. Minnesota Statutes 2014, section 299N.03, subdivision 5, is amended to read:
49.6 Subd. 5. Full-time firefighter. A "full-time firefighter" means a person who is
49.7employed and charged with the prevention and suppression of fires within the boundaries
49.8of the state on a full-time, salaried basis and who is directly engaged in the hazards of
49.9firefighting or is in charge of a designated fire company or companies that are directly
49.10engaged in the hazards of firefighting. Full-time firefighter does not include a volunteer,
49.11part-time, or
49.12 Sec. 6. Minnesota Statutes 2014, section 299N.03, subdivision 6, is amended to read:
49.13 Subd. 6. Licensed firefighter. "Licensed firefighter" means a full-time firefighter,
49.14to include a fire department employee, member, supervisor, or appointed official, who is
49.15licensed by the board and
49.16the boundaries of the state. Licensed firefighter may also include a volunteer firefighter.
49.17 Sec. 7. Minnesota Statutes 2014, section 299N.03, subdivision 7, is amended to read:
49.18 Subd. 7. Volunteer firefighter. A "volunteer firefighter" means a person who is
49.19charged with the prevention or suppression of fires within the boundaries of the state
49.20on a volunteer, part-time, or
49.21not include a full-time firefighter.
49.22 Sec. 8. Minnesota Statutes 2014, section 299N.04, subdivision 3, is amended to read:
49.23 Subd. 3. Certain baccalaureate or associate degree holders eligible to take
49.24certification examination. A person with a baccalaureate degree
49.25degree in applied fire science technology
49.26has successfully completed the skills-oriented basic training course under subdivision 2,
49.27clause (2), is eligible to take the firefighter certification examination notwithstanding the
49.28requirements of subdivision 2, clause (1).
49.29 Sec. 9. Minnesota Statutes 2014, section 299N.05, subdivision 1, is amended to read:
50.1 Subdivision 1. Licensure requirement. A
50.2
50.3without being licensed
50.4 Sec. 10. Minnesota Statutes 2014, section 299N.05, subdivision 4, is amended to read:
50.5 Subd. 4. Newly employed firefighters. Any full-time firefighter employed by a fire
50.6department
50.7license, an individual
50.8signed by the chief firefighting officer of the fire department that employs the full-time
50.9firefighter that the individual has met the certification requirements of section
50.10 Sec. 11. Minnesota Statutes 2014, section 299N.05, subdivision 5, is amended to read:
50.11 Subd. 5.
50.12
50.13firefighter must complete the board application process and meet the requirements of section
50.14299N.04. A license is valid for
50.15determined by the board, and the fee for the license is $75. Fees under this subdivision
50.16may be prorated by the board for licenses issued with a three-year licensure period.
50.17 Sec. 12. Minnesota Statutes 2014, section 299N.05, subdivision 6, is amended to read:
50.18 Subd. 6. License renewal; expiration and reinstatement. (a) A license shall be
50.19renewed so long as the firefighter and the chief firefighting officer provide evidence to the
50.20board that the licensed firefighter has had
50.21in the
50.22renewal application. The fee for renewing a firefighter license is $75, and the license is
50.23valid for an additional three years.
50.24(b) If a license expires, a firefighter may apply to have it reinstated. In order to
50.25receive reinstatement, the firefighter must:
50.26(1) complete a reinstatement application;
50.27(2) satisfy all prior firefighter training requirements;
50.28(3) pay any outstanding renewal fees; and
50.29(4) pay the delayed renewal fee set by the board.
50.30(c) In lieu of a reinstatement application under paragraph (b), a firefighter may
50.31complete a new application for licensure under section 299N.04.
50.32 Sec. 13. Minnesota Statutes 2014, section 299N.05, subdivision 7, is amended to read:
51.1 Subd. 7. Duties of chief firefighting officer. (a)
51.2firefighting officer has a duty to ensure that
51.3has a license
51.4
51.5
51.6(b) Every chief firefighting officer, provider, and individual licensee has a duty to
51.7ensure proper training records and reports are retained. Records must include, for the
51.8three-year period subsequent to the license renewal date:
51.9(1) the dates, subjects, and duration of programs;
51.10(2) sponsoring organizations;
51.11(3) fire training hours earned;
51.12(4) registration receipts to prove attendance at training sessions; and
51.13(5) other pertinent information.
51.14(c) The board may require a licensee, provider, or fire department to provide the
51.15information under paragraph (b) to demonstrate compliance with the 72-hour firefighting
51.16training requirement under subdivision 6, paragraph (a).
51.17 Sec. 14. Minnesota Statutes 2014, section 299N.05, subdivision 8, is amended to read:
51.18 Subd. 8. Revocation; suspension; denial. (a) The board may revoke, suspend,
51.19or deny a license issued or applied for under this section to a firefighter or applicant if
51.20the firefighter or applicant has been convicted of any arson-related charge or a felony
51.21recognized by the board as a crime that would disqualify the licensee from participating
51.22in the profession of firefighting.
51.23(b) Each applicant, licensee, or fire department must notify the board, in writing,
51.24within ten days if the applicant or licensee has been convicted of or pled guilty or nolo
51.25contendere to a felony, any arson-related charge, or another offense arising from the
51.26same set of circumstances.
51.27 Sec. 15. [299N.06] ELIGIBILITY FOR RECIPROCITY EXAMINATION
51.28BASED ON RELEVANT MILITARY EXPERIENCE.
51.29(a) For purposes of this section:
51.30(1) "active service" has the meaning given in section 190.05, subdivision 5; and
51.31(2) "relevant military experience" means:
51.32(i) four years' cumulative service experience in a military firefighting occupational
51.33specialty;
52.1(ii) two years' cumulative service experience in a military firefighting occupational
52.2specialty, and completion of at least a two-year degree from a regionally accredited
52.3postsecondary education institution; or
52.4(iii) four years' cumulative experience as a full-time firefighter in another state
52.5combined with cumulative service experience in a military firefighting occupational
52.6specialty.
52.7(b) A person is eligible to take the reciprocity examination and does not have to
52.8otherwise meet the requirements of section 299N.04, subdivisions 2 and 3, if the person has:
52.9(1) relevant military experience; and
52.10(2) been honorably discharged from military active service as evidenced by the most
52.11recent form DD-214 or is currently in active service, as evidenced by:
52.12(i) active duty orders providing service time in a military firefighting specialty;
52.13(ii) a United States Department of Defense Manpower Data Center status report
52.14pursuant to the Service Members Civil Relief Act, active duty status report; or
52.15(iii) Military Personnel Center assignment information.
52.16(c) A person who passed the examination under paragraph (b), clause (2), shall not
52.17be eligible to be licensed as a firefighter until honorably discharged as evidenced by the
52.18most recent form DD-214.
52.19(d) To receive a firefighter license, a person who passed the reciprocity certification
52.20examination must meet the requirements of section 299N.05, subdivision 4.
52.21 Sec. 16. REPEALER.
52.22Minnesota Statutes 2014, section 299N.05, subdivision 3, is repealed.
52.25 Section 1. Minnesota Statutes 2014, section 43A.241, is amended to read:
52.2643A.241 INSURANCE CONTRIBUTIONS; FORMER
52.27EMPLOYEES.
52.28(a) This section applies to a person who:
52.29(1) was employed by the commissioner of the Department of Corrections
52.30
52.31
52.32of Human Services;
53.1(2) was covered by the correctional employee retirement plan under section 352.91
53.2or the general state employees retirement plan of the Minnesota State Retirement System
53.3as defined in section 352.021;
53.4(3) while employed under clause (1), was assaulted by
53.5
53.6(i) a person under correctional supervision for a criminal offense; or
53.7(ii) a client or patient at the Minnesota sex offender program, or at a state-operated
53.8forensic services program as defined in section 352.91, subdivision 3j, under the control of
53.9the commissioner of the Department of Human Services; and
53.10
53.11totally and permanently physically disabled under laws governing the Minnesota State
53.12Retirement System.
53.13(b) For a person to whom this section applies, the commissioner of the Department
53.14of Corrections or the commissioner of the Department of Human Services, using existing
53.15budget resources, must continue to make the employer contribution for
53.16and dental benefits under the State Employee Group Insurance Program after the person
53.17terminates state service. If the person had dependent coverage at the time of terminating
53.18state service, employer contributions for dependent coverage also must continue under this
53.19section. The employer contributions must be in the amount of the employer contribution
53.20for active state employees at the time each payment is made. The employer contributions
53.21must continue until the person reaches age 65, provided the person makes the required
53.22employee contributions, in the amount required of an active state employee, at the time
53.23and in the manner specified by the commissioner.
53.24EFFECTIVE DATE.This section is effective the day following final enactment
53.25and applies to a person assaulted by an inmate, client, or patient on or after that date.
53.26 Sec. 2. Minnesota Statutes 2014, section 241.88, subdivision 1, is amended to read:
53.27 Subdivision 1. Restraint. (a) A representative of a correctional facility may not
53.28restrain a woman known to be pregnant unless the representative makes an individualized
53.29determination that restraints are reasonably necessary for the legitimate safety and security
53.30needs of the woman, correctional staff, other inmates, or the public. If restraints are
53.31determined to be necessary, the restraints must be the least restrictive available and the
53.32most reasonable under the circumstances.
53.33(b) A representative of a correctional facility may not restrain a woman known to be
53.34pregnant while the woman is being transported if the restraint is through the use of waist
53.35chains or other devices that cross or otherwise touch the woman's abdomen or handcuffs
54.1or other devices that cross or otherwise touch the woman's wrists when affixed behind the
54.2woman's back. If used, wrist restraints should be applied in such a way that the pregnant
54.3woman may be able to protect herself and her fetus in the event of a forward fall.
54.4(c) A representative of a correctional facility may restrain a woman who is in labor
54.5or who has given birth within the preceding three days only if:
54.6(1) there is a substantial flight risk or some other extraordinary medical or security
54.7circumstance that dictates restraints be used to ensure the safety and security of the
54.8woman, the staff of the correctional or medical facility, other inmates, or the public;
54.9(2) the representative has made an individualized determination that restraints are
54.10necessary to prevent escape or injury;
54.11(3) there is no objection from the treating medical care provider; and
54.12(4) the restraints used are the least restrictive type and are used in the least restrictive
54.13manner.
54.14(d) Section
54.15EFFECTIVE DATE.This section is effective July 1, 2015.
54.16 Sec. 3. Minnesota Statutes 2014, section 241.88, is amended by adding a subdivision
54.17to read:
54.18 Subd. 3. Required annual report. By February 15 of each year, the commissioner
54.19shall report to the chairs and ranking minority members of the senate and house of
54.20representatives committees and divisions having jurisdiction over criminal justice policy
54.21and funding on the use of restraints on pregnant women, women in labor, and women
54.22who have given birth in the preceding three days, who are incarcerated in state and local
54.23correctional facilities during the preceding calendar year. For reporting purposes, the use of
54.24restraints does not include use of handcuffs on the front of the body of a pregnant woman.
54.25EFFECTIVE DATE.This section is effective July 1, 2015.
54.26 Sec. 4. Minnesota Statutes 2014, section 241.89, subdivision 1, is amended to read:
54.27 Subdivision 1. Applicability. This section applies only to a woman:
54.28(1) incarcerated following conviction;
54.29(2) incarcerated before conviction beyond the period specified for the woman's initial
54.30appearance before the court in Rules of Criminal Procedure, rules
54.31EFFECTIVE DATE.This section is effective July 1, 2015.
54.32 Sec. 5. Minnesota Statutes 2014, section 241.89, subdivision 2, is amended to read:
55.1 Subd. 2. Requirements. (a) The head of each correctional facility shall ensure that
55.2every woman incarcerated at the facility:
55.3(1) is tested for pregnancy on or before day 14 of incarceration, if under 50 years
55.4of age unless the inmate refuses the test;
55.5(2) if pregnant
55.6
55.7medical care provider's peer group;
55.8(3) if pregnant or has given birth in the past six weeks, is provided appropriate
55.9educational materials and resources related to pregnancy, childbirth, breastfeeding, and
55.10parenting;
55.11(4) if pregnant or has given birth in the past six weeks, has access to doula services if
55.12these services are provided by a certified doula without charge to the correctional facility
55.13or the incarcerated woman pays for the certified doula services;
55.14(5) if pregnant or has given birth in the past six months, has access to a mental health
55.15assessment and, if necessary, treatment;
55.16(6) if pregnant or has given birth in the past six months and determined to be
55.17suffering from a mental illness, has access to evidence-based mental health treatment
55.18including psychotropic medication;
55.19(7) if pregnant or has given birth in the past six months and determined to be
55.20suffering from postpartum depression, has access to evidence-based therapeutic care for
55.21the depression; and
55.22(8) if pregnant or has given birth in the past six months, is advised, orally or in
55.23writing, of applicable laws and policies governing incarcerated pregnant women.
55.24(b) The commissioner of corrections, in consultation with the commissioner of
55.25health, may award grants to nonprofit organizations to provide access to doula services by
55.26a certified doula in accordance with paragraph (a), clause (4).
55.27EFFECTIVE DATE.This section is effective July 1, 2015.
55.28 Sec. 6. Minnesota Statutes 2014, section 244.05, is amended by adding a subdivision
55.29to read:
55.30 Subd. 1d. Electronic surveillance. (a) If the commissioner orders electronic
55.31surveillance of an inmate placed on supervised release, the commissioner may require that
55.32the inmate be kept in custody, or that the inmate's probation agent, or the agent's designee,
55.33directly supervise the offender until electronic surveillance is activated.
55.34(b) It is the responsibility of the inmate placed on electronic surveillance to ensure
55.35that the inmate's residence is properly equipped and the inmate's telecommunications
56.1system is properly configured to support electronic surveillance prior to being released
56.2from custody or the direct supervision of a probation agent. An inmate who fails to
56.3comply with this paragraph may be found in violation of the inmate's conditions of release
56.4after a revocation hearing.
56.5 Sec. 7. Minnesota Statutes 2014, section 244.15, subdivision 6, is amended to read:
56.6 Subd. 6. Electronic surveillance. (a) During any phase, the offender may be placed
56.7on electronic surveillance if the intensive supervision agent so directs. If electronic
56.8surveillance is directed during phase I, the commissioner must require that the inmate be
56.9kept in custody, or that the inmate's intensive supervised release agent, or the agent's
56.10designee, directly supervise the offender until electronic surveillance is activated.
56.11(b) It is the responsibility of the inmate placed on electronic surveillance to ensure
56.12that the inmate's residence is properly equipped and the inmate's telecommunications
56.13system is properly configured to support electronic surveillance prior to being released
56.14from custody or the direct supervision of an intensive supervised release agent. An
56.15inmate who fails to comply with this paragraph may be found in violation of the inmate's
56.16conditions of release after a revocation hearing.
56.17 Sec. 8. Minnesota Statutes 2014, section 260B.198, is amended by adding a
56.18subdivision to read:
56.19 Subd. 13. Electronic surveillance. (a) If a court orders a juvenile adjudicated
56.20delinquent to serve any portion of the juvenile's disposition on electronic surveillance,
56.21the court may require that the juvenile be kept in custody, or that the juvenile's probation
56.22agent directly supervise the juvenile until electronic surveillance is activated.
56.23(b) It is the responsibility of the parent or guardian of the juvenile placed on electronic
56.24surveillance to ensure that the juvenile's residence is properly equipped and the residence's
56.25telecommunications system is properly configured to support electronic surveillance prior
56.26to the juvenile being released from custody or the direct supervision of a probation agent.
56.27 Sec. 9. Minnesota Statutes 2014, section 401.10, subdivision 1, is amended to read:
56.28 Subdivision 1. Aid calculations. To determine the community corrections aid
56.29amount to be paid to each participating county, the commissioner of corrections must
56.30apply the following formula:
56.31(1) For each of the 87 counties in the state, a percent score must be calculated for
56.32each of the following five factors:
57.1(i) percent of the total state population aged ten to 24 residing within the county
57.2according to the most recent federal census, and, in the intervening years between the
57.3taking of the federal census, according to the most recent estimate of the state demographer;
57.4(ii) percent of the statewide total number of felony case filings occurring within the
57.5county, as determined by the state court administrator;
57.6(iii) percent of the statewide total number of juvenile case filings occurring within
57.7the county, as determined by the state court administrator;
57.8(iv) percent of the statewide total number of gross misdemeanor case filings
57.9occurring within the county, as determined by the state court administrator; and
57.10(v) percent of the total statewide number of convicted felony offenders who did
57.11not receive an executed prison sentence, as monitored and reported by the Sentencing
57.12Guidelines Commission.
57.13The percents in items (ii) to (v) must be calculated by combining the most recent
57.14three-year period of available data. The percents in items (i) to (v) each must sum to 100
57.15percent across the 87 counties.
57.16(2) For each of the 87 counties, the county's percents in clause (1), items (i) to (v),
57.17must be weighted, summed, and divided by the sum of the weights to yield an average
57.18percent for each county, referred to as the county's "composite need percent." When
57.19performing this calculation, the weight for each of the percents in clause (1), items (i) to
57.20(v), is 1.0. The composite need percent must sum to 100 percent across the 87 counties.
57.21(3) For each of the 87 counties, the county's "adjusted net tax capacity percent" is
57.22the county's adjusted net tax capacity amount, defined in the same manner as it is defined
57.23for cities in section
57.24tax capacity amount. The adjusted net tax capacity percent must sum to 100 percent
57.25across the 87 counties.
57.26(4) For each of the 87 counties, the county's composite need percent must be divided
57.27by the county's adjusted net tax capacity percent to produce a ratio that, when multiplied
57.28by the county's composite need percent, results in the county's "tax base adjusted need
57.29percent."
57.30(5) For each of the 87 counties, the county's tax base adjusted need percent must
57.31be added to twice the composite need percent, and the sum must be divided by 3, to
57.32yield the county's "weighted need percent."
57.33(6) Each participating county's weighted need percent must be added to the weighted
57.34need percent of each other participating county to yield the "total weighted need percent
57.35for participating counties."
58.1(7) Each participating county's weighted need percent must be divided by the total
58.2weighted need percent for participating counties to yield the county's "share percent." The
58.3share percents for participating counties must sum to 100 percent.
58.4(8) Each participating county's "base funding amount" is the aid amount that the
58.5county received under this section for fiscal year 1995 plus the amount received in
58.6caseload or workload reduction, felony caseload reduction, and sex offender supervision
58.7grants in fiscal year 2015, as reported by the commissioner of corrections. In fiscal year
58.81997 and thereafter, no county's aid amount under this section may be less than its base
58.9funding amount, provided that the total amount appropriated for this purpose is at least as
58.10much as the aggregate base funding amount defined in clause (9).
58.11(9) The "aggregate base funding amount" is equal to the sum of the base funding
58.12amounts for all participating counties. If a county that participated under this section
58.13
58.14base funding amount must be reduced by that county's base funding amount. If a county
58.15that did not participate under this section in fiscal year 1995 chooses to participate
58.16
58.17increased by the amount of aid that the county would have received had it participated in
58.18fiscal year 1995 plus the estimated amount it would have received in caseload or workload
58.19reduction, felony caseload reduction, and sex offender supervision grants in fiscal year
58.202015, as reported by the commissioner of corrections, and the amount of increase shall be
58.21that county's base funding amount.
58.22(10) In any given year, the total amount appropriated for this purpose first must be
58.23allocated to participating counties in accordance with each county's base funding amount.
58.24Then, any remaining amount in excess of the aggregate base funding amount must be
58.25allocated to participating counties in proportion to each county's share percent, and is
58.26referred to as the county's "formula amount."
58.27Each participating county's "community corrections aid amount" equals the sum of
58.28(i) the county's base funding amount, and (ii) the county's formula amount.
58.29(11) However, if in any year the total amount appropriated for the purpose of this
58.30section is less than the aggregate base funding amount, then each participating county's
58.31community corrections aid amount is the product of (i) the county's base funding amount
58.32multiplied by (ii) the ratio of the total amount appropriated to the aggregate base funding
58.33amount.
58.34For each participating county, the county's community corrections aid amount
58.35calculated in this subdivision is the total amount of subsidy to which the county is entitled
58.36under sections
59.1 Sec. 10. Minnesota Statutes 2014, section 631.461, is amended to read:
59.2631.461 IMPRISONMENT; COUNTY JAIL; ALTERNATIVES.
59.3(a) When a sentence for an offense includes imprisonment in a county jail, the
59.4court may sentence the offender to imprisonment in a workhouse or correctional or work
59.5farm if there is one in the county where the offender is tried or where the offense was
59.6committed. If not, the court may sentence the offender to imprisonment in a workhouse or
59.7correctional or work farm in any county in this state. However, the county board of the
59.8county where the offender is tried shall have some agreement for the receipt, maintenance,
59.9and confinement of inmates with the county where the offender has been sentenced to
59.10imprisonment. The place of imprisonment must be specified in the sentence. Inmates may
59.11be removed from one place of confinement to another as provided by statute.
59.12(b) If a court orders or a sheriff permits an offender to serve any portion of the
59.13offender's sentence on electronic surveillance, the court or sheriff may require that the
59.14offender be kept in custody, or that the offender's probation agent directly supervise the
59.15offender until electronic surveillance is activated.
59.16(c) It is the responsibility of the offender placed on electronic surveillance to ensure
59.17that the offender's residence is properly equipped and the offender's telecommunications
59.18system is properly configured to support electronic surveillance prior to being released
59.19from custody or the direct supervision of a probation agent. An offender who fails to
59.20comply with this paragraph may be found in violation of the offender's conditions of
59.21release after a revocation hearing.
59.22 Sec. 11. ELECTRONIC SURVEILLANCE; PURPOSE STATEMENT.
59.23The purpose of electronic surveillance of adult and juvenile offenders is to provide a
59.24cost-effective alternative to incarceration or detention for deserving low-risk offenders.
59.25It is a privilege for an adult or juvenile offender to be placed on electronic surveillance
59.26in lieu of remaining in custody to complete a period of incarceration or detention. The
59.27parties who authorize and implement electronic surveillance shall take all reasonable
59.28precautions to protect public safety.
59.29 Sec. 12. COLTON'S LAW.
59.30Sections 6, 7, 8, 10, and 11 shall be known as "Colton's Law."
59.33 Section 1. [5B.13] CRIMINAL PENALTY.
60.1When the performance of any act is prohibited under this chapter as of February
60.21, 2015, but no criminal or civil penalty is provided, the commission of the act is a
60.3misdemeanor.
60.4EFFECTIVE DATE.This section is effective August 1, 2015, and applies to acts
60.5committed on or after that date.
60.6 Sec. 2. Minnesota Statutes 2014, section 13.82, subdivision 17, is amended to read:
60.7 Subd. 17. Protection of identities. A law enforcement agency or a law enforcement
60.8dispatching agency working under direction of a law enforcement agency shall withhold
60.9public access to data on individuals to protect the identity of individuals in the following
60.10circumstances:
60.11(a) when access to the data would reveal the identity of an undercover law
60.12enforcement officer, as provided in section
60.13(b) when access to the data would reveal the identity of a victim or alleged victim of
60.14criminal sexual conduct or
60.15to 609.3451, or
60.16(c) when access to the data would reveal the identity of a paid or unpaid informant
60.17being used by the agency if the agency reasonably determines that revealing the identity of
60.18the informant would threaten the personal safety of the informant;
60.19(d) when access to the data would reveal the identity of a victim of or witness to a
60.20crime if the victim or witness specifically requests not to be identified publicly, unless the
60.21agency reasonably determines that revealing the identity of the victim or witness would
60.22not threaten the personal safety or property of the individual;
60.23(e) when access to the data would reveal the identity of a deceased person whose
60.24body was unlawfully removed from a cemetery in which it was interred;
60.25(f) when access to the data would reveal the identity of a person who placed a call to a
60.26911 system or the identity or telephone number of a service subscriber whose phone is used
60.27to place a call to the 911 system and: (1) the agency determines that revealing the identity
60.28may threaten the personal safety or property of any person; or (2) the object of the call is
60.29to receive help in a mental health emergency. For the purposes of this paragraph, a voice
60.30recording of a call placed to the 911 system is deemed to reveal the identity of the caller;
60.31(g) when access to the data would reveal the identity of a juvenile witness and
60.32the agency reasonably determines that the subject matter of the investigation justifies
60.33protecting the identity of the witness; or
60.34(h) when access to the data would reveal the identity of a mandated reporter under
60.35section
61.1Data concerning individuals whose identities are protected by this subdivision are
61.2private data about those individuals. Law enforcement agencies shall establish procedures
61.3to acquire the data and make the decisions necessary to protect the identity of individuals
61.4described in clauses (c), (d), (f), and (g).
61.5 Sec. 3. Minnesota Statutes 2014, section 169.13, subdivision 1, is amended to read:
61.6 Subdivision 1. Reckless driving. (a)
61.7
61.8
61.9who drives a motor vehicle while aware of and consciously disregarding a substantial and
61.10unjustifiable risk that the driving may result in harm to another or another's property is
61.11guilty of reckless driving. The risk must be of such a nature and degree that disregard of it
61.12constitutes a significant deviation from the standard of conduct that a reasonable person
61.13would observe in the situation.
61.14(b) A person shall not race any vehicle upon any street or highway of this state.
61.15Any person who willfully compares or contests relative speeds by operating one or more
61.16vehicles is guilty of racing, which constitutes reckless driving, whether or not the speed
61.17contested or compared is in excess of the maximum speed prescribed by law.
61.18(c) A person who violates paragraph (a) or (b) is guilty of a misdemeanor. A person
61.19who violates paragraph (a) or (b) and causes great bodily harm or death to another is
61.20guilty of a gross misdemeanor.
61.21(d) For purposes of this section, "great bodily harm" has the meaning given in
61.22section 609.02, subdivision 8.
61.23EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
61.24committed on or after that date.
61.25 Sec. 4. Minnesota Statutes 2014, section 169.13, subdivision 3, is amended to read:
61.26 Subd. 3. Application. (a) The provisions of this section apply, but are not limited in
61.27application, to any person who drives any vehicle in the manner prohibited by this section:
61.28(1) upon the ice of any lake, stream, or river, including but not limited to the ice of
61.29any boundary water; or
61.30(2) in a parking lot ordinarily used by or available to the public though not as a
61.31matter of right, and a driveway connecting the parking lot with a street or highway.
61.32(b) This section does not apply to:
61.33(1) an authorized emergency vehicle, when responding to an emergency call or when
61.34in pursuit of an actual or suspected violator;
62.1(2) the emergency operation of any vehicle when avoiding imminent danger; or
62.2(3) any raceway, racing facility, or other public event sanctioned by the appropriate
62.3governmental authority.
62.4(c) Nothing in this section or section 609.035 or 609.04 shall limit the power of the
62.5state to prosecute or punish a person for conduct that constitutes any other crime under
62.6any other law of this state.
62.7EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
62.8committed on or after that date.
62.9 Sec. 5. Minnesota Statutes 2014, section 169A.03, subdivision 3, is amended to read:
62.10 Subd. 3. Aggravating factor. "Aggravating factor" includes:
62.11(1) a qualified prior impaired driving incident within the ten years immediately
62.12preceding the current offense;
62.13(2) having an alcohol concentration of
62.14within two hours of the time, of the offense; or
62.15(3) having a child under the age of 16 in the motor vehicle at the time of the offense
62.16if the child is more than 36 months younger than the offender.
62.17EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
62.18committed on or after that date.
62.19 Sec. 6. Minnesota Statutes 2014, section 169A.07, is amended to read:
62.20169A.07 FIRST-TIME DWI VIOLATOR; OFF-ROAD VEHICLE OR BOAT.
62.21A person who violates section
62.22off-road recreational vehicle or motorboat and who does not have a qualified prior
62.23impaired driving incident is subject only to the criminal penalty provided in section
62.25impaired), or
62.26privileges as provided in section
62.27all-terrain vehicles by persons under the influence of alcohol or controlled substances), or
62.29mental disability), whichever is applicable. The person is not subject to the provisions
62.30of section
62.31chemical use assessment for repeat offenders and offenders with alcohol concentration of
62.32
63.1administrative penalties); or
63.2license revocation sanctions of sections
63.3plate impoundment provisions of section
63.4EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
63.5committed on or after that date.
63.6 Sec. 7. Minnesota Statutes 2014, section 169A.275, subdivision 5, is amended to read:
63.7 Subd. 5. Level of care recommended in chemical use assessment. Unless the
63.8court commits the person to the custody of the commissioner of corrections as provided in
63.9section
63.10required under this section, the court shall order a person to submit to the level of care
63.11recommended in the chemical use assessment conducted under section
63.12safety program; chemical use assessments) if the person is convicted of violating section
63.14more as measured at the time, or within two hours of the time, of the offense or if the
63.15violation occurs within ten years of one or more qualified prior impaired driving incidents.
63.16EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
63.17committed on or after that date.
63.18 Sec. 8. Minnesota Statutes 2014, section 169A.285, subdivision 1, is amended to read:
63.19 Subdivision 1. Authority; amount. When a court sentences a person who violates
63.20section
63.210.16 or more as measured at the time, or within two hours of the time, of the violation,
63.22the court may impose a penalty assessment of up to $1,000. The court may impose this
63.23assessment in addition to any other penalties or charges authorized under law.
63.24EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
63.25committed on or after that date.
63.26 Sec. 9. Minnesota Statutes 2014, section 169A.46, subdivision 1, is amended to read:
63.27 Subdivision 1. Impairment occurred after driving ceased. If proven by a
63.28preponderance of the evidence, it is an affirmative defense to a violation of section
63.30while impaired, alcohol concentration within two hours of driving), or
63.31having an alcohol concentration of
63.32two hours of the time, of the offense, that the defendant consumed a sufficient quantity of
64.1alcohol after the time of the violation and before the administration of the evidentiary test
64.2to cause the defendant's alcohol concentration to exceed the level specified in the applicable
64.3clause. Evidence that the defendant consumed alcohol after the time of the violation may
64.4not be admitted in defense to any alleged violation of section
64.5given to the prosecution prior to the omnibus or pretrial hearing in the matter.
64.6EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
64.7committed on or after that date.
64.8 Sec. 10. Minnesota Statutes 2014, section 169A.53, subdivision 3, is amended to read:
64.9 Subd. 3. Judicial hearing; issues, order, appeal. (a) A judicial review hearing
64.10under this section must be before a district judge in any county in the judicial district
64.11where the alleged offense occurred. The hearing is to the court and may be conducted at
64.12the same time and in the same manner as hearings upon pretrial motions in the criminal
64.13prosecution under section
64.14recorded. The commissioner shall appear and be represented by the attorney general or
64.15through the prosecuting authority for the jurisdiction involved. The hearing must be held
64.16at the earliest practicable date, and in any event no later than 60 days following the filing
64.17of the petition for review. The judicial district administrator shall establish procedures to
64.18ensure efficient compliance with this subdivision. To accomplish this, the administrator
64.19may, whenever possible, consolidate and transfer review hearings among the locations
64.20within the judicial district where terms of district court are held.
64.21(b) The scope of the hearing is limited to the issues in clauses (1) to
64.22(1) Did the peace officer have probable cause to believe the person was driving,
64.23operating, or in physical control of a motor vehicle or commercial motor vehicle in
64.24violation of section
64.25(2) Was the person lawfully placed under arrest for violation of section
64.26(3) Was the person involved in a motor vehicle accident or collision resulting in
64.27property damage, personal injury, or death?
64.28(4) Did the person refuse to take a screening test provided for by section
64.29(preliminary screening test)?
64.30(5) If the screening test was administered, did the test indicate an alcohol
64.31concentration of 0.08 or more?
64.32(6) At the time of the request for the test, did the peace officer inform the person
64.33of the person's rights and the consequences of taking or refusing the test as required by
64.34section
64.35(7) Did the person refuse to permit the test?
65.1(8) If a test was taken by a person driving, operating, or in physical control of a
65.2motor vehicle, did the test results indicate at the time of testing:
65.3(i) an alcohol concentration of 0.08 or more; or
65.4(ii) the presence of a controlled substance listed in Schedule I or II or its metabolite,
65.5other than marijuana or tetrahydrocannabinols?
65.6(9) If a test was taken by a person driving, operating, or in physical control of a
65.7commercial motor vehicle, did the test results indicate an alcohol concentration of 0.04 or
65.8more at the time of testing?
65.9(10) Was the testing method used valid and reliable and were the test results
65.10accurately evaluated?
65.11(11) Did the person prove the defense of necessity?
65.12(c) It is an affirmative defense for the petitioner to prove that, at the time of the
65.13refusal, the petitioner's refusal to permit the test was based upon reasonable grounds.
65.14(d) Certified or otherwise authenticated copies of laboratory or medical personnel
65.15reports, records, documents, licenses, and certificates are admissible as substantive
65.16evidence.
65.17(e) The court shall order that the revocation or disqualification be either rescinded or
65.18sustained and forward the order to the commissioner. The court shall file its order within 14
65.19days following the hearing. If the revocation or disqualification is sustained, the court shall
65.20also forward the person's driver's license or permit to the commissioner for further action by
65.21the commissioner if the license or permit is not already in the commissioner's possession.
65.22(f) Any party aggrieved by the decision of the reviewing court may appeal the
65.23decision as provided in the Rules of Appellate Procedure.
65.24(g) The civil hearing under this section shall not give rise to an estoppel on any
65.25issues arising from the same set of circumstances in any criminal prosecution.
65.26(h) It is an affirmative defense for the petitioner to prove a necessity.
65.27 Sec. 11. Minnesota Statutes 2014, section 609.324, subdivision 1, is amended to read:
65.28 Subdivision 1. Engaging in, hiring, or agreeing to hire minor to engage in
65.29prostitution; penalties. (a) Whoever intentionally does any of the following may be
65.30sentenced to imprisonment for not more than 20 years or to payment of a fine of not
65.31more than $40,000, or both:
65.32(1) engages in prostitution with an individual under the age of 13 years; or
65.33(2) hires or offers or agrees to hire an individual under the age of 13 years to engage
65.34in sexual penetration or sexual contact.
66.1(b) Whoever intentionally does any of the following may be sentenced to
66.2imprisonment for not more than ten years or to payment of a fine of not more than
66.3$20,000, or both:
66.4(1) engages in prostitution with an individual under the age of 16 years but at least
66.513 years; or
66.6(2) hires or offers or agrees to hire an individual under the age of 16 years but at
66.7least 13 years to engage in sexual penetration or sexual contact.
66.8(c) Whoever intentionally does any of the following may be sentenced to
66.9imprisonment for not more than five years or to payment of a fine of not more than
66.10$10,000, or both:
66.11(1) engages in prostitution with an individual under the age of 18 years but at least
66.1216 years;
66.13(2) hires or offers or agrees to hire an individual under the age of 18 years but at
66.14least 16 years to engage in sexual penetration or sexual contact; or
66.15(3) hires or offers or agrees to hire an individual who the actor reasonably believes
66.16to be under the age of 18 years to engage in sexual penetration or sexual contact.
66.17EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
66.18committed on or after that date.
66.19 Sec. 12. Minnesota Statutes 2014, section 609.325, is amended by adding a subdivision
66.20to read:
66.21 Subd. 3a. No defense; undercover operative. The fact that an undercover operative
66.22or law enforcement officer was involved in the detection or investigation of an offense
66.23shall not be a defense to a prosecution under section 609.324.
66.24EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
66.25committed on or after that date.
66.26 Sec. 13. Minnesota Statutes 2014, section 609.325, subdivision 4, is amended to read:
66.27 Subd. 4. Affirmative defense. It is an affirmative defense to a charge under section
66.29that the defendant is a labor trafficking victim, as defined in section
66.30trafficking victim, as defined in section
66.31
66.32
67.1
67.2result of being a labor trafficking or sex trafficking victim.
67.3 Sec. 14. Minnesota Statutes 2014, section 609.3451, subdivision 1, is amended to read:
67.4 Subdivision 1. Crime defined. A person is guilty of criminal sexual conduct
67.5in the fifth degree:
67.6(1) if the person engages in nonconsensual sexual contact; or
67.7(2) the person engages in masturbation or lewd exhibition of the genitals in the
67.8presence of a minor under the age of 16, knowing or having reason to know the minor
67.9is present.
67.10For purposes of this section, "sexual contact" has the meaning given in section
67.12the intentional touching of the clothing covering the immediate area of the buttocks.
67.13Sexual contact also includes the intentional removal or attempted removal of clothing
67.14covering the complainant's intimate parts or undergarments, and the nonconsensual
67.15touching by the complainant of the actor's intimate parts, effected by the actor, if the action
67.16is performed with sexual or aggressive intent.
67.17EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
67.18committed on or after that date.
67.19 Sec. 15. Minnesota Statutes 2014, section 609.3471, is amended to read:
67.20609.3471 RECORDS PERTAINING TO VICTIM IDENTITY
67.21CONFIDENTIAL.
67.22Notwithstanding any provision of law to the contrary, no data contained in records or
67.23reports relating to petitions, complaints, or indictments issued pursuant to section 609.322,
67.24
67.25who is a minor shall be accessible to the public, except by order of the court. Nothing
67.26in this section authorizes denial of access to any other data contained in the records or
67.27reports, including the identity of the defendant.
67.28 Sec. 16. Minnesota Statutes 2014, section 609.531, subdivision 1, is amended to read:
67.29 Subdivision 1. Definitions. For the purpose of sections
67.30following terms have the meanings given them.
67.31 (a) "Conveyance device" means a device used for transportation and includes, but
67.32is not limited to, a motor vehicle, trailer, snowmobile, airplane, and vessel and any
68.1equipment attached to it. The term "conveyance device" does not include property which
68.2is, in fact, itself stolen or taken in violation of the law.
68.3 (b) "Weapon used" means a dangerous weapon as defined under section
68.4subdivision 6
68.5 (c) "Property" means property as defined in section
68.6 (d) "Contraband" means property which is illegal to possess under Minnesota law.
68.7 (e) "Appropriate agency" means the Bureau of Criminal Apprehension, the
68.8Department of Commerce Fraud Bureau, the Minnesota Division of Driver and Vehicle
68.9Services, the Minnesota State Patrol, a county sheriff's department, the Three Rivers Park
68.10District park rangers, the Department of Natural Resources Division of Enforcement, the
68.11University of Minnesota Police Department, the Department of Corrections Fugitive
68.12Apprehension Unit, a city, metropolitan transit, or airport police department; or a
68.13multijurisdictional entity established under section
68.14 (f) "Designated offense" includes:
68.15 (1) for weapons used: any violation of this chapter, chapter 152 or 624;
68.16 (2) for driver's license or identification card transactions: any violation of section
68.18 (3) for all other purposes: a felony violation of, or a felony-level attempt or
68.19conspiracy to violate, section
68.221
68.23subdivision 1
68.28of section
68.29 (g) "Controlled substance" has the meaning given in section
68.30(h) "Prosecuting authority" means the attorney who is responsible for prosecuting an
68.31offense that is the basis for a forfeiture under sections
68.32EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
68.33committed on or after that date.
68.34 Sec. 17. [609.688] ADULTERATION BY BODILY FLUID.
69.1 Subdivision 1. Definition. (a) As used in this section, the following terms have
69.2the meanings given.
69.3(b) "Adulterates" is the intentional adding of a bodily fluid to a substance.
69.4(c) "Bodily fluid" means the blood, seminal fluid, vaginal fluid, urine, or feces of
69.5a human.
69.6 Subd. 2. Crime. (a) Whoever adulterates any substance that the person knows or
69.7should know is intended for human consumption is guilty of a misdemeanor.
69.8(b) Whoever violates paragraph (a) and another person ingests the adulterated
69.9substance without knowledge of the adulteration is guilty of a gross misdemeanor.
69.10EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
69.11committed on or after that date.
69.12 Sec. 18. Minnesota Statutes 2014, section 611A.26, subdivision 1, is amended to read:
69.13 Subdivision 1. Polygraph prohibition. No law enforcement agency or prosecutor
69.14shall require that a complainant of a criminal sexual conduct or sex trafficking offense
69.15submit to a polygraph examination as part of or a condition to proceeding with the
69.16investigation, charging, or prosecution of such offense.
69.17 Sec. 19. Minnesota Statutes 2014, section 611A.26, subdivision 6, is amended to read:
69.18 Subd. 6. Definitions. For the purposes of this section, the following terms have
69.19the meanings given.
69.20 (a) "Criminal sexual conduct" means a violation of section
69.22 (b) "Sex trafficking" means a violation of section 609.322.
69.23 (c) "Complainant" means a person reporting to have been subjected to criminal
69.24sexual conduct or sex trafficking.
69.25
69.26device of any type used or allegedly used to examine, test, or question individuals for
69.27the purpose of determining truthfulness.
69.28 Sec. 20. Minnesota Statutes 2014, section 617.242, subdivision 6, is amended to read:
69.29 Subd. 6. Restrictions on ownership or management by persons convicted of
69.30certain crimes. A person who has been convicted of one of the following offenses may
69.31not operate or manage an adult business establishment for three years after discharge of
69.32the sentence for the offense, or a similar offense in another state or jurisdiction:
70.1(1) prostitution or sex trafficking under section 609.321; 609.322; 609.324; or
70.2609.3242;
70.3(2) criminal sexual conduct under sections 609.342 to 609.3451;
70.4(3) solicitation of children under section 609.352;
70.5(4) indecent exposure under section 617.23;
70.6(5) distribution or exhibition of obscene materials and performances under section
70.7617.241;
70.8(6) use of a minor in a sexual performance under section 617.246; or
70.9(7) possession of pornographic work involving minors under section 617.247.
70.10 Sec. 21. Minnesota Statutes 2014, section 628.26, is amended to read:
70.11628.26 LIMITATIONS.
70.12(a) Indictments or complaints for any crime resulting in the death of the victim may
70.13be found or made at any time after the death of the person killed.
70.14(b) Indictments or complaints for a violation of section
70.15made at any time after the commission of the offense.
70.16(c) Indictments or complaints for violation of section
70.17at any time after the commission of the offense if the victim was under the age of 18 at
70.18the time of the offense.
70.19(d) Indictments or complaints for violation of section
70.20was 18 years of age or older at the time of the offense, or
70.21(1) or (2), shall be found or made and filed in the proper court within six years after
70.22the commission of the offense.
70.23(e) Indictments or complaints for violation of sections 609.322 and
70.25shall be found or made and filed in the proper court within the later of nine years after
70.26the commission of the offense or three years after the offense was reported to law
70.27enforcement authorities.
70.28(f) Notwithstanding the limitations in paragraph (e), indictments or complaints for
70.29violation of sections 609.322 and
70.30in the proper court at any time after commission of the offense, if physical evidence is
70.31collected and preserved that is capable of being tested for its DNA characteristics. If
70.32this evidence is not collected and preserved and the victim was 18 years old or older
70.33at the time of the offense, the prosecution must be commenced within nine years after
70.34the commission of the offense.
71.1(g) Indictments or complaints for violation of sections
71.2subdivision 2
71.3within six years after the commission of the offense.
71.4(h) Indictments or complaints for violation of section
71.52
71.6the property or services stolen is more than $35,000, shall be found or made and filed in
71.7the proper court within five years after the commission of the offense.
71.8(i) Except for violations relating to false material statements, representations or
71.9omissions, indictments or complaints for violations of section
71.10made and filed in the proper court within five years after the commission of the offense.
71.11(j) Indictments or complaints for violation of sections
71.12be found or made and filed in the proper court within five years after the commission
71.13of the offense.
71.14(k) In all other cases, indictments or complaints shall be found or made and filed in
71.15the proper court within three years after the commission of the offense.
71.16(l) The limitations periods contained in this section shall exclude any period of time
71.17during which the defendant was not an inhabitant of or usually resident within this state.
71.18(m) The limitations periods contained in this section for an offense shall not include
71.19any period during which the alleged offender participated under a written agreement in a
71.20pretrial diversion program relating to that offense.
71.21(n) The limitations periods contained in this section shall not include any period
71.22of time during which physical evidence relating to the offense was undergoing DNA
71.23analysis, as defined in section
71.24prosecuting or law enforcement agency purposefully delayed the DNA analysis process in
71.25order to gain an unfair advantage.
71.26EFFECTIVE DATE.This section is effective August 1, 2015, and applies to crimes
71.27committed on or after that date and to crimes committed before that date if the limitations
71.28period for the crime did not expire before August 1, 2015.
71.29 Sec. 22. Minnesota Statutes 2014, section 645.241, is amended to read:
71.30645.241 PUNISHMENT FOR PROHIBITED ACTS.
71.31
71.32prohibited by a statute, and no penalty for the violation of the same shall be imposed in
71.33any statute, the doing of such act shall be a petty misdemeanor.
72.1
72.2
72.3
72.4EFFECTIVE DATE.This section is effective August 1, 2015, and applies to acts
72.5committed on or after that date.
72.6 Sec. 23. JACQUELYN DEVNEY AND THOMAS CONSIDINE ROADWAY
72.7SAFETY ACT.
72.8Sections 3 and 4 may be cited as the Jacquelyn Devney and Thomas Considine
72.9Roadway Safety Act.
72.12 Section 1. Minnesota Statutes 2014, section 12.221, subdivision 6, is amended to read:
72.13 Subd. 6. Disaster assistance contingency account; appropriation. (a) A disaster
72.14assistance contingency account is created in the special revenue fund in the state treasury.
72.15Money in the disaster assistance contingency account is appropriated to the commissioner
72.16of public safety to provide:
72.17(1) cost-share for federal assistance under section
72.18(2) state public disaster assistance to eligible applicants under chapter 12B
72.19(3) cost-share for federal assistance from the Federal Highway Administration
72.20emergency relief program under United States Code, title 23, section 125; and
72.21(4) cost-share for federal assistance from the United States Department of
72.22Agriculture, Natural Resources Conservation Service emergency watershed protection
72.23program under United States Code, title 16, sections 2203 to 2205.
72.24(b) For appropriations under paragraph (a), clause (1), the amount appropriated is
72.25100 percent of any nonfederal share for state agencies and local governments. Money
72.26appropriated under paragraph (a), clause (1), may be used to pay all or a portion of the
72.27nonfederal share for publicly owned capital improvement projects.
72.28(c) For appropriations under paragraph (a), clause (2), the amount appropriated
72.29is the amount required to pay eligible claims under chapter 12B, as certified by the
72.30commissioner of public safety.
72.31(d) By January 15 of each year, the commissioner of management and budget shall
72.32submit a report to the chairs and ranking minority members of the house of representatives
72.33Ways and Means Committee and the senate Finance Committee detailing state disaster
73.1assistance appropriations and expenditures under this subdivision during the previous
73.2calendar year.
73.3(e) The governor's budget proposal submitted to the legislature under section
73.5The governor's appropriation recommendations must be informed by the commissioner of
73.6public safety's estimate of the amount of money that will be necessary to:
73.7(1) provide 100 percent of the nonfederal share for state agencies and local
73.8governments that will receive federal financial assistance from FEMA during the next
73.9biennium; and
73.10(2) fully pay all eligible claims under chapter 12B.
73.11(f) Notwithstanding section
73.12(1) funds appropriated or transferred to the disaster assistance contingency account
73.13do not lapse but remain in the account until appropriated; and
73.14(2) funds appropriated from the disaster assistance contingency account do not lapse
73.15and are available until expended.
73.16 Sec. 2. Minnesota Statutes 2014, section 12B.15, subdivision 2, is amended to read:
73.17 Subd. 2. Applicant. "Applicant" means a local government or state government
73.18agency that applies for state disaster assistance under this chapter.
73.19 Sec. 3. Minnesota Statutes 2014, section 12B.15, is amended by adding a subdivision
73.20to read:
73.21 Subd. 3a. County. "County" or "county government" means each county in which
73.22a governmental unit is located in whole or in part, or a county board of commissioners
73.23as defined in chapter 375.
73.24 Sec. 4. Minnesota Statutes 2014, section 12B.25, subdivision 1, is amended to read:
73.25 Subdivision 1. Payment required; eligibility criteria. The director, serving as
73.26the governor's authorized representative, may enter into grant agreements with eligible
73.27applicants to provide state financial assistance made available as a result of a disaster
73.28that satisfies all of the following criteria:
73.29(1) the state or applicable
73.30during the incident period;
73.31(2) damages suffered and eligible costs incurred are the direct result of the disaster;
73.32(3) federal disaster assistance is not available to the applicant because the governor
73.33did not request a presidential declaration of major disaster, the president denied the
74.1governor's request, or the applicant is not eligible for federal disaster assistance because
74.2the state or county did not meet the per capita impact indicator under FEMA's Public
74.3Assistance Program;
74.4(4) the applicant incurred eligible damages that, on a per capita basis, equal or
74.5exceed 50 percent of the countywide per capita impact indicator under FEMA's Public
74.6Assistance Program;
74.7(5) the applicant assumes responsibility for 25 percent of the applicant's total
74.8eligible costs; and
74.9(6) the applicant satisfies all requirements in this chapter.
74.10 Sec. 5. Minnesota Statutes 2014, section 12B.40, is amended to read:
74.1112B.40 APPLICATION PROCESS.
74.12(a) The director must develop application materials and may update the materials as
74.13needed. Application materials must include instructions and requirements for assistance
74.14under this chapter.
74.15(b)
74.16period or the president's official denial of the governor's request for a declaration of a
74.17major disaster to
74.18the governor declare a state disaster. The director may deny
74.19
74.20disaster declaration must include:
74.21(1) the cause, location of damage, and incident period;
74.22(2) documentation of a local, tribal, county, or state disaster or emergency
74.23declaration in response to the disaster;
74.24(3) a description of damages, an initial damage assessment, and the amount of
74.25eligible costs incurred by the applicant;
74.26(4) a statement or evidence that the applicant has the ability to pay for at least 25
74.27percent of total eligible costs incurred from the disaster; and
74.28(5) a statement or evidence that the local government has incurred damages equal to
74.29or exceeding 50 percent of the federal countywide threshold in effect during the incident
74.30period.
74.31(c)
74.32
74.33disaster
74.34assistance to the director.
74.35
75.1
75.2
75.3
75.4
75.5
75.6
75.7
75.8
75.9
75.10(d) The director must review the application and supporting documentation for
75.11completeness and may return the application with a request for more detailed information.
75.12The director may consult with local public officials to ensure the application reflects the
75.13extent and magnitude of the damage and to reconcile any differences. The application is
75.14not complete until the director receives all requested information.
75.15(e) If the director returns an application with a request for more detailed information
75.16or for correction of deficiencies, the applicant must submit all required information within
75.1730 days of the applicant's receipt of the director's request. The applicant's failure to
75.18provide the requested information in a timely manner without a reasonable explanation
75.19may be cause for denial of the application.
75.20(f) The director has no more than 60 days from the receipt of a complete application
75.21to approve or deny the application, or the application is deemed approved. If the director
75.22denies an application, the director must send a denial letter. If the director approves an
75.23application or the application is automatically deemed approved after 60 days, the director
75.24must notify the applicant of the steps necessary to obtain reimbursement of eligible
75.25costs, including submission of invoices or other documentation substantiating the costs
75.26submitted for reimbursement.
75.29 Section 1. Minnesota Statutes 2014, section 152.02, subdivision 2, is amended to read:
75.30 Subd. 2. Schedule I. (a) Schedule I consists of the substances listed in this
75.31subdivision.
75.32(b) Opiates. Unless specifically excepted or unless listed in another schedule, any of
75.33the following substances, including their analogs, isomers, esters, ethers, salts, and salts
75.34of isomers, esters, and ethers, whenever the existence of the analogs, isomers, esters,
75.35ethers, and salts is possible:
76.1(1) acetylmethadol;
76.2(2) allylprodine;
76.3(3) alphacetylmethadol (except levo-alphacetylmethadol, also known as
76.4levomethadyl acetate);
76.5(4) alphameprodine;
76.6(5) alphamethadol;
76.7(6) alpha-methylfentanyl benzethidine;
76.8(7) betacetylmethadol;
76.9(8) betameprodine;
76.10(9) betamethadol;
76.11(10) betaprodine;
76.12(11) clonitazene;
76.13(12) dextromoramide;
76.14(13) diampromide;
76.15(14) diethyliambutene;
76.16(15) difenoxin;
76.17(16) dimenoxadol;
76.18(17) dimepheptanol;
76.19(18) dimethyliambutene;
76.20(19) dioxaphetyl butyrate;
76.21(20) dipipanone;
76.22(21) ethylmethylthiambutene;
76.23(22) etonitazene;
76.24(23) etoxeridine;
76.25(24) furethidine;
76.26(25) hydroxypethidine;
76.27(26) ketobemidone;
76.28(27) levomoramide;
76.29(28) levophenacylmorphan;
76.30(29) 3-methylfentanyl;
76.31(30) acetyl-alpha-methylfentanyl;
76.32(31) alpha-methylthiofentanyl;
76.33(32) benzylfentanyl beta-hydroxyfentanyl;
76.34(33) beta-hydroxy-3-methylfentanyl;
76.35(34) 3-methylthiofentanyl;
76.36(35) thenylfentanyl;
77.1(36) thiofentanyl;
77.2(37) para-fluorofentanyl;
77.3(38) morpheridine;
77.4(39) 1-methyl-4-phenyl-4-propionoxypiperidine;
77.5(40) noracymethadol;
77.6(41) norlevorphanol;
77.7(42) normethadone;
77.8(43) norpipanone;
77.9(44) 1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine (PEPAP);
77.10(45) phenadoxone;
77.11(46) phenampromide;
77.12(47) phenomorphan;
77.13(48) phenoperidine;
77.14(49) piritramide;
77.15(50) proheptazine;
77.16(51) properidine;
77.17(52) propiram;
77.18(53) racemoramide;
77.19(54) tilidine;
77.20(55) trimeperidine;
77.21(56) N-(1-Phenethylpiperidin-4-yl)-N-phenylacetamide (acetyl fentanyl).
77.22(c) Opium derivatives. Any of the following substances, their analogs, salts, isomers,
77.23and salts of isomers, unless specifically excepted or unless listed in another schedule,
77.24whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
77.25(1) acetorphine;
77.26(2) acetyldihydrocodeine;
77.27(3) benzylmorphine;
77.28(4) codeine methylbromide;
77.29(5) codeine-n-oxide;
77.30(6) cyprenorphine;
77.31(7) desomorphine;
77.32(8) dihydromorphine;
77.33(9) drotebanol;
77.34(10) etorphine;
77.35(11) heroin;
77.36(12) hydromorphinol;
78.1(13) methyldesorphine;
78.2(14) methyldihydromorphine;
78.3(15) morphine methylbromide;
78.4(16) morphine methylsulfonate;
78.5(17) morphine-n-oxide;
78.6(18) myrophine;
78.7(19) nicocodeine;
78.8(20) nicomorphine;
78.9(21) normorphine;
78.10(22) pholcodine;
78.11(23) thebacon.
78.12(d) Hallucinogens. Any material, compound, mixture or preparation which contains
78.13any quantity of the following substances, their analogs, salts, isomers (whether optical,
78.14positional, or geometric), and salts of isomers, unless specifically excepted or unless listed
78.15in another schedule, whenever the existence of the analogs, salts, isomers, and salts of
78.16isomers is possible:
78.17(1) methylenedioxy amphetamine;
78.18(2) methylenedioxymethamphetamine;
78.19(3) methylenedioxy-N-ethylamphetamine (MDEA);
78.20(4) n-hydroxy-methylenedioxyamphetamine;
78.21(5) 4-bromo-2,5-dimethoxyamphetamine (DOB);
78.22(6) 2,5-dimethoxyamphetamine (2,5-DMA);
78.23(7) 4-methoxyamphetamine;
78.24(8) 5-methoxy-3, 4-methylenedioxyamphetamine;
78.25(9) alpha-ethyltryptamine;
78.26(10) bufotenine;
78.27(11) diethyltryptamine;
78.28(12) dimethyltryptamine;
78.29(13) 3,4,5-trimethoxyamphetamine;
78.30(14) 4-methyl-2, 5-dimethoxyamphetamine (DOM);
78.31(15) ibogaine;
78.32(16) lysergic acid diethylamide (LSD);
78.33(17) mescaline;
78.34(18) parahexyl;
78.35(19) N-ethyl-3-piperidyl benzilate;
78.36(20) N-methyl-3-piperidyl benzilate;
79.1(21) psilocybin;
79.2(22) psilocyn;
79.3(23) tenocyclidine (TPCP or TCP);
79.4(24) N-ethyl-1-phenyl-cyclohexylamine (PCE);
79.5(25) 1-(1-phenylcyclohexyl) pyrrolidine (PCPy);
79.6(26) 1-[1-(2-thienyl)cyclohexyl]-pyrrolidine (TCPy);
79.7(27) 4-chloro-2,5-dimethoxyamphetamine (DOC);
79.8(28) 4-ethyl-2,5-dimethoxyamphetamine (DOET);
79.9(29) 4-iodo-2,5-dimethoxyamphetamine (DOI);
79.10(30) 4-bromo-2,5-dimethoxyphenethylamine (2C-B);
79.11(31) 4-chloro-2,5-dimethoxyphenethylamine (2C-C);
79.12(32) 4-methyl-2,5-dimethoxyphenethylamine (2C-D);
79.13(33) 4-ethyl-2,5-dimethoxyphenethylamine (2C-E);
79.14(34) 4-iodo-2,5-dimethoxyphenethylamine (2C-I);
79.15(35) 4-propyl-2,5-dimethoxyphenethylamine (2C-P);
79.16(36) 4-isopropylthio-2,5-dimethoxyphenethylamine (2C-T-4);
79.17(37) 4-propylthio-2,5-dimethoxyphenethylamine (2C-T-7);
79.18(38) 2-(8-bromo-2,3,6,7-tetrahydrofuro [2,3-f][1]benzofuran-4-yl)ethanamine
79.19(2-CB-FLY);
79.20(39) bromo-benzodifuranyl-isopropylamine (Bromo-DragonFLY);
79.21(40) alpha-methyltryptamine (AMT);
79.22(41) N,N-diisopropyltryptamine (DiPT);
79.23(42) 4-acetoxy-N,N-dimethyltryptamine (4-AcO-DMT);
79.24(43) 4-acetoxy-N,N-diethyltryptamine (4-AcO-DET);
79.25(44) 4-hydroxy-N-methyl-N-propyltryptamine (4-HO-MPT);
79.26(45) 4-hydroxy-N,N-dipropyltryptamine (4-HO-DPT);
79.27(46) 4-hydroxy-N,N-diallyltryptamine (4-HO-DALT);
79.28(47) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT);
79.29(48) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DiPT);
79.30(49) 5-methoxy-α-methyltryptamine (5-MeO-AMT);
79.31(50) 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT);
79.32(51) 5-methylthio-N,N-dimethyltryptamine (5-MeS-DMT);
79.33(52) 5-methoxy-N-methyl-N-propyltryptamine (5-MeO-MiPT);
79.34(53) 5-methoxy-α-ethyltryptamine (5-MeO-AET);
79.35(54) 5-methoxy-N,N-dipropyltryptamine (5-MeO-DPT);
79.36(55) 5-methoxy-N,N-diethyltryptamine (5-MeO-DET);
80.1(56) 5-methoxy-N,N-diallyltryptamine (5-MeO-DALT);
80.2(57) methoxetamine (MXE);
80.3(58) 5-iodo-2-aminoindane (5-IAI);
80.4(59) 5,6-methylenedioxy-2-aminoindane (MDAI);
80.5
80.6(60) 2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine
80.7(25B-NBOMe);
80.8(61) 2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine
80.9(25C-NBOMe);
80.10(62) 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine
80.11(25I-NBOMe)
80.12(63) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);
80.13(64) 2-(4-Ethylthio-2,5-dimethoxyphenyl)ethanamine (2C-T-2);
80.14(e) Peyote. All parts of the plant presently classified botanically as Lophophora
80.15williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part
80.16of the plant, and every compound, manufacture, salts, derivative, mixture, or preparation
80.17of the plant, its seeds or extracts. The listing of peyote as a controlled substance in
80.18Schedule I does not apply to the nondrug use of peyote in bona fide religious ceremonies
80.19of the American Indian Church, and members of the American Indian Church are exempt
80.20from registration. Any person who manufactures peyote for or distributes peyote to the
80.21American Indian Church, however, is required to obtain federal registration annually and
80.22to comply with all other requirements of law.
80.23(f) Central nervous system depressants. Unless specifically excepted or unless listed
80.24in another schedule, any material compound, mixture, or preparation which contains any
80.25quantity of the following substances, their analogs, salts, isomers, and salts of isomers
80.26whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
80.27(1) mecloqualone;
80.28(2) methaqualone;
80.29(3) gamma-hydroxybutyric acid (GHB), including its esters and ethers;
80.30(4) flunitrazepam.
80.31(g) Stimulants. Unless specifically excepted or unless listed in another schedule, any
80.32material compound, mixture, or preparation which contains any quantity of the following
80.33substances, their analogs, salts, isomers, and salts of isomers whenever the existence of
80.34the analogs, salts, isomers, and salts of isomers is possible:
80.35 (1) aminorex;
80.36(2) cathinone;
81.1(3) fenethylline;
81.2 (4) methcathinone;
81.3(5) methylaminorex;
81.4(6) N,N-dimethylamphetamine;
81.5(7) N-benzylpiperazine (BZP);
81.6(8) methylmethcathinone (mephedrone);
81.7(9) 3,4-methylenedioxy-N-methylcathinone (methylone);
81.8(10) methoxymethcathinone (methedrone);
81.9(11) methylenedioxypyrovalerone (MDPV);
81.10(12)
81.11(13) methylethcathinone (MEC);
81.12(14) 1-benzofuran-6-ylpropan-2-amine (6-APB);
81.13(15) dimethylmethcathinone (DMMC);
81.14(16) fluoroamphetamine;
81.15(17) fluoromethamphetamine;
81.16(18) α-methylaminobutyrophenone (MABP or buphedrone);
81.17(19)
81.181-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one (butylone);
81.19(20) 2-(methylamino)-1-(4-methylphenyl)butan-1-one (4-MEMABP or BZ-6378);
81.20(21)
81.21pentan-1-one (naphthylpyrovalerone or naphyrone);
81.22(22)
81.23
81.24(23) (RS)-1-(4-methylphenyl)-2-(1-pyrrolidinyl)-1-hexanone (4-Me-PHP or
81.25MPHP);
81.26(24) 2-(1-pyrrolidinyl)-hexanophenone (Alpha-PHP);
81.27(25) 4-methyl-N-ethylcathinone (4-MEC);
81.28(26) 4-methyl-alpha-pyrrolidinopropiophenone (4-MePPP);
81.29(27) 2-(methylamino)-1-phenylpentan-1-one (pentedrone);
81.30(28) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one (pentylone);
81.31(29) 4-fluoro-N-methylcathinone (4-FMC);
81.32(30) 3,4-methylenedioxy-N-ethylcathinone (ethylone);
81.33(31) alpha-pyrrolidinobutiophenone (α-PBP);
81.34(32) 5-(2-Aminopropyl)-2,3-dihydrobenzofuran (5-APDB);
81.35(33) 6-(2-Aminopropyl)-2,3-dihydrobenzofuran (6-APDB); and
82.1
82.2different schedule, that is structurally derived from 2-aminopropan-1-one by substitution
82.3at the 1-position with either phenyl, naphthyl, or thiophene ring systems, whether or not
82.4the compound is further modified in any of the following ways:
82.5(i) by substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy,
82.6haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring
82.7system by one or more other univalent substituents;
82.8(ii) by substitution at the 3-position with an acyclic alkyl substituent;
82.9(iii) by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or
82.10methoxybenzyl groups; or
82.11(iv) by inclusion of the 2-amino nitrogen atom in a cyclic structure.
82.12(h) Marijuana, tetrahydrocannabinols, and synthetic cannabinoids. Unless
82.13specifically excepted or unless listed in another schedule, any natural or synthetic material,
82.14compound, mixture, or preparation that contains any quantity of the following substances,
82.15their analogs, isomers, esters, ethers, salts, and salts of isomers, esters, and ethers,
82.16whenever the existence of the isomers, esters, ethers, or salts is possible:
82.17(1) marijuana;
82.18(2) tetrahydrocannabinols naturally contained in a plant of the genus Cannabis,
82.19synthetic equivalents of the substances contained in the cannabis plant or in the
82.20resinous extractives of the plant, or synthetic substances with similar chemical structure
82.21and pharmacological activity to those substances contained in the plant or resinous
82.22extract, including, but not limited to, 1 cis or trans tetrahydrocannabinol, 6 cis or trans
82.23tetrahydrocannabinol, and 3,4 cis or trans tetrahydrocannabinol;
82.24(3) synthetic cannabinoids, including the following substances:
82.25(i) Naphthoylindoles, which are any compounds containing a 3-(1-napthoyl)indole
82.26structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
82.27alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
82.282-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any
82.29extent and whether or not substituted in the naphthyl ring to any extent. Examples of
82.30naphthoylindoles include, but are not limited to:
82.31(A) 1-Pentyl-3-(1-naphthoyl)indole (JWH-018 and AM-678);
82.32(B) 1-Butyl-3-(1-naphthoyl)indole (JWH-073);
82.33(C) 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole (JWH-081);
82.34(D) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);
82.35(E) 1-Propyl-2-methyl-3-(1-naphthoyl)indole (JWH-015);
82.36(F) 1-Hexyl-3-(1-naphthoyl)indole (JWH-019);
83.1(G) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122);
83.2(H) 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole (JWH-210);
83.3(I) 1-Pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398);
83.4(J) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM-2201).
83.5(ii) Napthylmethylindoles, which are any compounds containing a
83.61H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom
83.7of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
83.81-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further
83.9substituted in the indole ring to any extent and whether or not substituted in the naphthyl
83.10ring to any extent. Examples of naphthylmethylindoles include, but are not limited to:
83.11(A) 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane (JWH-175);
83.12(B) 1-Pentyl-1H-indol-3-yl-(4-methyl-1-naphthyl)methane (JWH-184).
83.13(iii) Naphthoylpyrroles, which are any compounds containing a
83.143-(1-naphthoyl)pyrrole structure with substitution at the nitrogen atom of the
83.15pyrrole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
83.161-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not
83.17further substituted in the pyrrole ring to any extent, whether or not substituted in the
83.18naphthyl ring to any extent. Examples of naphthoylpyrroles include, but are not limited to,
83.19(5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1-ylmethanone (JWH-307).
83.20(iv) Naphthylmethylindenes, which are any compounds containing a
83.21naphthylideneindene structure with substitution at the 3-position of the indene
83.22ring by an allkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
83.231-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further
83.24substituted in the indene ring to any extent, whether or not substituted in the naphthyl
83.25ring to any extent. Examples of naphthylemethylindenes include, but are not limited to,
83.26E-1-[1-(1-naphthalenylmethylene)-1H-inden-3-yl]pentane (JWH-176).
83.27(v) Phenylacetylindoles, which are any compounds containing a 3-phenylacetylindole
83.28structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
83.29alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
83.302-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to
83.31any extent, whether or not substituted in the phenyl ring to any extent. Examples of
83.32phenylacetylindoles include, but are not limited to:
83.33(A) 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (RCS-8);
83.34(B) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250);
83.35(C) 1-pentyl-3-(2-methylphenylacetyl)indole (JWH-251);
83.36(D) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203).
84.1(vi) Cyclohexylphenols, which are compounds containing a
84.22-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position
84.3of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
84.41-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not
84.5substituted in the cyclohexyl ring to any extent. Examples of cyclohexylphenols include,
84.6but are not limited to:
84.7(A) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP 47,497);
84.8(B) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol
84.9(Cannabicyclohexanol or CP 47,497 C8 homologue);
84.10(C) 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl]
84.11-phenol (CP 55,940).
84.12(vii) Benzoylindoles, which are any compounds containing a 3-(benzoyl)indole
84.13structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
84.14alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
84.152-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to
84.16any extent and whether or not substituted in the phenyl ring to any extent. Examples of
84.17benzoylindoles include, but are not limited to:
84.18(A) 1-Pentyl-3-(4-methoxybenzoyl)indole (RCS-4);
84.19(B) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694);
84.20(C) (4-methoxyphenyl-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-yl]methanone
84.21(WIN 48,098 or Pravadoline).
84.22(viii) Others specifically named:
84.23(A) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)
84.24-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (HU-210);
84.25(B) (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)
84.26-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (Dexanabinol or HU-211);
84.27(C) 2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]
84.28-1,4-benzoxazin-6-yl-1-naphthalenylmethanone (WIN 55,212-2);
84.29(D) (1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (UR-144);
84.30(E) (1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone
84.31(XLR-11);
84.32(F) 1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indazole-3-carboxamide
84.33(AKB-48(APINACA));
84.34(G) N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide
84.35(5-Fluoro-AKB-48);
84.36(H) 1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid (PB-22);
85.1(I) 8-quinolinyl ester-1-(5-fluoropentyl)-1H-indole-3-carboxylic acid (5-Fluoro
85.2PB-22);
85.3(J) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-pentyl-1H-indazole-
85.43-carboxamide (AB-PINACA);
85.5(K) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-[(4-fluorophenyl)methyl]-
85.61H-indazole-3-carboxamide (AB-FUBINACA)
85.7(L) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-(cyclohexylmethyl)-1H-
85.8indazole-3-carboxamide(AB-CHMINACA);
85.9(M) (S)-methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3-
85.10methylbutanoate (5-fluoro-AMB);
85.11(N) [1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl) methanone (THJ-2201);
85.12(O) (1-(5-fluoropentyl)-1H-benzo[d]imidazol-2-yl)(naphthalen-1-yl)methanone)
85.13(FUBIMINA);
85.14(P) (7-methoxy-1-(2-morpholinoethyl)-N-((1S,2S,4R)-1,3,3-trimethylbicyclo
85.15[2.2.1]heptan-2-yl)-1H-indole-3-carboxamide (MN-25 or UR-12);
85.16(Q) (S)-N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)
85.17-1H-indole-3-carboxamide (5-fluoro-ABICA);
85.18(R) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl)
85.19-1H-indole-3-carboxamide;
85.20(S) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl)
85.21-1H-indazole-3-carboxamide; and
85.22(T) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)
85.23-3,3-dimethylbutanoate.
85.24(i) A controlled substance analog, to the extent that it is implicitly or explicitly
85.25intended for human consumption.
85.26 Sec. 2. Minnesota Statutes 2014, section 152.02, subdivision 3, is amended to read:
85.27 Subd. 3. Schedule II. (a) Schedule II consists of the substances listed in this
85.28subdivision.
85.29(b) Unless specifically excepted or unless listed in another schedule, any of
85.30the following substances whether produced directly or indirectly by extraction from
85.31substances of vegetable origin or independently by means of chemical synthesis, or by a
85.32combination of extraction and chemical synthesis:
85.33(1) Opium and opiate, and any salt, compound, derivative, or preparation of opium
85.34or opiate.
85.35(i) Excluding:
86.1(A) apomorphine;
86.2(B) thebaine-derived butorphanol;
86.3(C) dextrophan;
86.4(D) nalbuphine;
86.5(E) nalmefene;
86.6(F) naloxegol;
86.7
86.8
86.9
86.10(ii) but including the following:
86.11(A) opium, in all forms and extracts;
86.12(B) codeine;
86.13(C) dihydroetorphine;
86.14(D) ethylmorphine;
86.15(E) etorphine hydrochloride;
86.16(F) hydrocodone;
86.17(G) hydromorphone;
86.18(H) metopon;
86.19(I) morphine;
86.20(J) oxycodone;
86.21(K) oxymorphone;
86.22(L) thebaine;
86.23(M) oripavine;
86.24(2) any salt, compound, derivative, or preparation thereof which is chemically
86.25equivalent or identical with any of the substances referred to in clause (1), except that
86.26these substances shall not include the isoquinoline alkaloids of opium;
86.27(3) opium poppy and poppy straw;
86.28(4) coca leaves and any salt, cocaine compound, derivative, or preparation of coca
86.29leaves (including cocaine and ecgonine and their salts, isomers, derivatives, and salts
86.30of isomers and derivatives), and any salt, compound, derivative, or preparation thereof
86.31which is chemically equivalent or identical with any of these substances, except that the
86.32substances shall not include decocainized coca leaves or extraction of coca leaves, which
86.33extractions do not contain cocaine or ecgonine;
86.34(5) concentrate of poppy straw (the crude extract of poppy straw in either liquid,
86.35solid, or powder form which contains the phenanthrene alkaloids of the opium poppy).
87.1(c) Any of the following opiates, including their isomers, esters, ethers, salts, and
87.2salts of isomers, esters and ethers, unless specifically excepted, or unless listed in another
87.3schedule, whenever the existence of such isomers, esters, ethers and salts is possible
87.4within the specific chemical designation:
87.5(1) alfentanil;
87.6(2) alphaprodine;
87.7(3) anileridine;
87.8(4) bezitramide;
87.9(5) bulk dextropropoxyphene (nondosage forms);
87.10(6) carfentanil;
87.11(7) dihydrocodeine;
87.12(8) dihydromorphinone;
87.13(9) diphenoxylate;
87.14(10) fentanyl;
87.15(11) isomethadone;
87.16(12) levo-alpha-acetylmethadol (LAAM);
87.17(13) levomethorphan;
87.18(14) levorphanol;
87.19(15) metazocine;
87.20(16) methadone;
87.21(17) methadone - intermediate, 4-cyano-2-dimethylamino-4, 4-diphenylbutane;
87.22(18) moramide - intermediate, 2-methyl-3-morpholino-1,
87.231-diphenyl-propane-carboxylic acid;
87.24(19) pethidine;
87.25(20) pethidine - intermediate - a, 4-cyano-1-methyl-4-phenylpiperidine;
87.26(21) pethidine - intermediate - b, ethyl-4-phenylpiperidine-4-carboxylate;
87.27(22) pethidine - intermediate - c, 1-methyl-4-phenylpiperidine-4-carboxylic acid;
87.28(23) phenazocine;
87.29(24) piminodine;
87.30(25) racemethorphan;
87.31(26) racemorphan;
87.32(27) remifentanil;
87.33(28) sufentanil;
87.34(29) tapentadol
87.35(30) 4-Anilino-N-phenethyl-4-piperidine (ANPP).
88.1(d) Unless specifically excepted or unless listed in another schedule, any material,
88.2compound, mixture, or preparation which contains any quantity of the following
88.3substances having a stimulant effect on the central nervous system:
88.4(1) amphetamine, its salts, optical isomers, and salts of its optical isomers;
88.5(2) methamphetamine, its salts, isomers, and salts of its isomers;
88.6(3) phenmetrazine and its salts;
88.7(4) methylphenidate;
88.8(5) lisdexamfetamine.
88.9(e) Unless specifically excepted or unless listed in another schedule, any material,
88.10compound, mixture, or preparation which contains any quantity of the following
88.11substances having a depressant effect on the central nervous system, including its salts,
88.12isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of
88.13isomers is possible within the specific chemical designation:
88.14(1) amobarbital;
88.15(2) glutethimide;
88.16(3) secobarbital;
88.17(4) pentobarbital;
88.18(5) phencyclidine;
88.19(6) phencyclidine immediate precursors:
88.20(i) 1-phenylcyclohexylamine;
88.21(ii) 1-piperidinocyclohexanecarbonitrile;
88.22(7) phenylacetone.
88.23(f) Hallucinogenic substances: nabilone.
88.24 Sec. 3. Minnesota Statutes 2014, section 152.02, subdivision 4, is amended to read:
88.25 Subd. 4. Schedule III. (a) Schedule III consists of the substances listed in this
88.26subdivision.
88.27(b) Stimulants. Unless specifically excepted or unless listed in another schedule,
88.28any material, compound, mixture, or preparation which contains any quantity of the
88.29following substances having a potential for abuse associated with a stimulant effect on the
88.30central nervous system, including its salts, isomers, and salts of such isomers whenever
88.31the existence of such salts, isomers, and salts of isomers is possible within the specific
88.32chemical designation:
88.33(1) benzphetamine;
88.34(2) chlorphentermine;
88.35(3) clortermine;
89.1(4) phendimetrazine.
89.2(c) Depressants. Unless specifically excepted or unless listed in another schedule,
89.3any material, compound, mixture, or preparation which contains any quantity of the
89.4following substances having a potential for abuse associated with a depressant effect on
89.5the central nervous system:
89.6(1) any compound, mixture, or preparation containing amobarbital, secobarbital,
89.7pentobarbital or any salt thereof and one or more other active medicinal ingredients which
89.8are not listed in any schedule;
89.9(2) any suppository dosage form containing amobarbital, secobarbital, pentobarbital,
89.10or any salt of any of these drugs and approved by the food and drug administration for
89.11marketing only as a suppository;
89.12(3) any substance which contains any quantity of a derivative of barbituric acid, or
89.13any salt of a derivative of barbituric acid, except those substances which are specifically
89.14listed in other schedules;
89.15(4) any drug product containing gamma hydroxybutyric acid, including its salts,
89.16isomers, and salts of isomers, for which an application is approved under section 505 of
89.17the federal Food, Drug, and Cosmetic Act;
89.18(5) any of the following substances:
89.19(i) chlorhexadol;
89.20(ii) ketamine, its salts, isomers and salts of isomers;
89.21(iii) lysergic acid;
89.22(iv) lysergic acid amide;
89.23(v) methyprylon;
89.24(vi) sulfondiethylmethane;
89.25(vii) sulfonenthylmethane;
89.26(viii) sulfonmethane;
89.27(ix) tiletamine and zolazepam and any salt thereof;
89.28(x) embutramide
89.29(xi) Perampanel [2-(2-oxo-1-phenyl-5-pyridin-2-yl-1,2-Dihydropyridin-3-yl)
89.30benzonitrile].
89.31(d) Nalorphine.
89.32(e) Narcotic drugs. Unless specifically excepted or unless listed in another schedule,
89.33any material, compound, mixture, or preparation containing any of the following narcotic
89.34drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities
89.35as follows:
90.1(1) not more than 1.80 grams of codeine per 100 milliliters or not more than 90
90.2milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid
90.3of opium;
90.4(2) not more than 1.80 grams of codeine per 100 milliliters or not more than 90
90.5milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized
90.6therapeutic amounts;
90.7
90.8
90.9
90.10
90.11
90.12
90.13
90.14than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in
90.15recognized therapeutic amounts;
90.16
90.17more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients
90.18in recognized therapeutic amounts;
90.19
90.20or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic
90.21ingredients in recognized therapeutic amounts;
90.22
90.23with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
90.24(f) Anabolic steroids
90.25(1) Anabolic steroids, for purposes of this subdivision, means any drug or hormonal
90.26substance, chemically and pharmacologically related to testosterone, other than estrogens,
90.27progestins, corticosteroids, and dehydroepiandrosterone, and includes:
90.28(i) 3[beta],17[beta]-dihydroxy-5[alpha]-androstane;
90.29(ii) 3[alpha],17[beta]-dihydroxy-5[alpha]-androstane;
90.30(iii) androstanedione (5[alpha]-androstan-3,17-dione);
90.31(iv) 1-androstenediol (3[beta],17[beta]-dihydroxy-5[alpha]-androst-l-ene;
90.32(v) 3[alpha],17[beta]-dihydroxy-5[alpha]-androst-1-ene);
90.33(vi) 4-androstenediol (3[beta],17[beta]-dihydroxy-androst-4-ene);
90.34(vii) 5-androstenediol (3[beta],17[beta]-dihydroxy-androst-5-ene);
90.35(viii) 1-androstenedione (5[alpha]-androst-1-en-3,17-dione);
90.36(ix) 4-androstenedione (androst-4-en-3,17-dione);
91.1(x) 5-androstenedione (androst-5-en-3,17-dione);
91.2(xi) bolasterone (7[alpha],17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one);
91.3(xii) boldenone (17[beta]-hydroxyandrost-1,4-diene-3-one);
91.4(xiii) boldione (androsta-1,4-diene-3,17-dione);
91.5(xiv) calusterone (7[beta],17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one);
91.6(xv) clostebol (4-chloro-17[beta]-hydroxyandrost-4-en-3-one);
91.7(xvi) dehydrochloromethyltestosterone
91.8(4-chloro-17[beta]-hydroxy-17[alpha]-methylandrost-1,4-dien-3-one);
91.9(xvii) desoxymethyltestosterone
91.10(17[alpha]-methyl-5[alpha]-androst-2-en-17[beta]-ol);
91.11(xviii) [delta]1-dihydrotestosterone-
91.12(17[beta]-hydroxy-5[alpha]-androst-1-en-3-one);
91.13(xix) 4-dihydrotestosterone (17[beta]-hydroxy-androstan-3-one);
91.14(xx) drostanolone (17[beta]hydroxy-2[alpha]-methyl-5[alpha]-androstan-3-one);
91.15(xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-hydroxyestr-4-ene);
91.16(xxii) fluoxymesterone
91.17(9-fluoro-17[alpha]-methyl-11[beta],17[beta]-dihydroxyandrost-4-en-3-one);
91.18(xxiii) formebolone
91.19(2-formyl-17[alpha]-methyl-11[alpha],17[beta]-dihydroxyandrost-1,4-dien-3-one);
91.20(xxiv) furazabol
91.21(17[alpha]-methyl-17[beta]-hydroxyandrostano[2,3-c]-furazan)13[beta]-ethyl-17[beta]
91.22-hydroxygon-4-en-3-one;
91.23(xxv) 4-hydroxytestosterone (4,17[beta]-dihydroxyandrost-4-en-3-one);
91.24(xxvi) 4-hydroxy-19-nortestosterone (4,17[beta]-dihydroxyestr-4-en-3-one);
91.25(xxvii) mestanolone (17[alpha]-methyl-17[beta]-hydroxy-5[alpha]-androstan-3-one);
91.26(xxviii) mesterolone (1[alpha]-methyl-17[beta]-hydroxy-5[alpha]-androstan-3-one);
91.27(xxix) methandienone (17[alpha]-methyl-17[beta]-hydroxyandrost-1,4-dien-3-one);
91.28(xxx) methandriol (17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-5-ene);
91.29(xxxi) methasterone (2 alpha-17 alpha-dimethyl-5 alpha-androstan-17beta-ol-3-one)
91.30
91.31(1-methyl-17[beta]-hydroxy-5[alpha]-androst-1-en-3-one);
91.32
91.33
91.34
91.35
91.36(17[alpha]-methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one);
92.1
92.2(17[alpha]-methyl-17[beta]-hydroxyestra-4,9(10)-dien-3-one);
92.3
92.4(17[alpha]-methyl-17[beta]-hydroxyestra-4,9-11-trien-3-one);
92.5
92.6(17[alpha]-methyl-17[beta]-hydroxyandrost-4-en-3-one);
92.7
92.8(7[alpha],17[alpha]-dimethyl-17[beta]-hydroxyestr-4-en-3-one);
92.9
92.10(17[beta]-hydroxy-17[alpha]-methyl-5[alpha]-androst-1-en-3-one);
92.11
92.12
92.13
92.14(3[beta],17[beta]-dihydroxyestr-5-ene;
92.15
92.16
92.17
92.18
92.19(13[beta],17[alpha]-diethyl-17[beta]-hydroxygon-4-en-3-one);
92.20
92.21
92.22
92.23
92.24(17[alpha]-methyl-17[beta]-hydroxy-2-oxa-5[alpha]-androstan-3-one);
92.25
92.26
92.27(17[alpha]-methyl-2-hydroxymethylene-17[beta]-hydroxy-5[alpha]-androstan-3-one);
92.28(lv) prostanozol (17 beta-hydroxy-5 alpha-androstano[3,2-C]pryazole
92.29
92.30(17[alpha]-methyl-17[beta]-hydroxy-5[alpha]-androst-2-eno[3,2-c]-pyrazole);
92.31
92.32
92.33acid lactone);
92.34
92.35
92.36(13[beta],17[alpha]-diethyl-17[beta]-hydroxygon-4,9,11-trien-3-one);
93.1
93.2
93.3Anabolic steroids are not included if they are: (A) expressly intended for administration
93.4through implants to cattle or other nonhuman species; and (B) approved by the United
93.5States Food and Drug Administration for that use;
93.6(2) Human growth hormones.
93.7(3) Chorionic gonadotropin.
93.8(g) Hallucinogenic substances. Dronabinol (synthetic) in sesame oil and encapsulated
93.9in a soft gelatin capsule in a United States Food and Drug Administration approved product.
93.10(h) Any material, compound, mixture, or preparation containing the following
93.11narcotic drug or its salt: buprenorphine.
93.12 Sec. 4. Minnesota Statutes 2014, section 152.02, subdivision 5, is amended to read:
93.13 Subd. 5. Schedule IV. (a) Schedule IV consists of the substances listed in this
93.14subdivision.
93.15(b) Narcotic drugs. Unless specifically excepted or unless listed in another schedule,
93.16any material, compound, mixture, or preparation containing any of the following narcotic
93.17drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities
93.18as follows:
93.19(1) not more than one milligram of difenoxin and not less than 25 micrograms of
93.20atropine sulfate per dosage unit;
93.21(2) dextropropoxyphene (Darvon and Darvocet)
93.22(3) 2-[(dimethylamino)methyl]-1-(3-methoxyphenyl)cyclohexanol, its salts, optical
93.23and geometric isomers, and salts of these isomers (including tramadol).
93.24(c) Depressants. Unless specifically excepted or unless listed in another schedule,
93.25any material, compound, mixture, or preparation containing any quantity of the following
93.26substances, including its salts, isomers, and salts of isomers whenever the existence of the
93.27salts, isomers, and salts of isomers is possible:
93.28(1) Alfaxalone (5α-pregnan-3α-ol-11,20-dione);
93.29
93.30
93.31
93.32
93.33
93.34
93.35
94.1
94.2
94.3
94.4
94.5
94.6
94.7
94.8
94.9
94.10
94.11
94.12
94.13
94.14
94.15
94.16(24) fospropofol
94.17
94.18
94.19
94.20
94.21
94.22
94.23
94.24
94.25
94.26
94.27
94.28
94.29
94.30(38) nordiazepam;
94.31
94.32
94.33
94.34(42) petrichloral;
94.35
94.36
95.1
95.2
95.3(47) Suvorexant;
95.4
95.5
95.6
95.7
95.8
95.9
95.10(d) Any material, compound, mixture, or preparation which contains any quantity of
95.11the following substance including its salts, isomers, and salts of such isomers, whenever
95.12the existence of such salts, isomers, and salts of isomers is possible: fenfluramine.
95.13(e) Stimulants. Unless specifically excepted or unless listed in another schedule,
95.14any material, compound, mixture, or preparation which contains any quantity of the
95.15following substances having a stimulant effect on the central nervous system, including its
95.16salts, isomers, and salts of isomers:
95.17(1) cathine (norpseudoephedrine);
95.18(2) diethylpropion;
95.19(3) fencamfamine;
95.20(4) fenproporex;
95.21(5) mazindol;
95.22(6) mefenorex;
95.23(7) modafinil;
95.24(8) pemoline (including organometallic complexes and chelates thereof);
95.25(9) phentermine;
95.26(10) pipradol;
95.27(11) sibutramine;
95.28(12) SPA (1-dimethylamino-1,2-diphenylethane).
95.29(f) lorcaserin.
95.30 Sec. 5. Minnesota Statutes 2014, section 152.02, subdivision 6, is amended to read:
95.31 Subd. 6. Schedule V; restrictions on methamphetamine precursor drugs. (a) As
95.32used in this subdivision, the following terms have the meanings given:
95.33(1) "methamphetamine precursor drug" means any compound, mixture, or
95.34preparation intended for human consumption containing ephedrine or pseudoephedrine as
95.35its sole active ingredient or as one of its active ingredients; and
96.1(2) "over-the-counter sale" means a retail sale of a drug or product but does not
96.2include the sale of a drug or product pursuant to the terms of a valid prescription.
96.3(b) The following items are listed in Schedule V:
96.4(1) any compound, mixture, or preparation containing any of the following limited
96.5quantities of narcotic drugs, which shall include one or more nonnarcotic active medicinal
96.6ingredients in sufficient proportion to confer upon the compound, mixture or preparation
96.7valuable medicinal qualities other than those possessed by the narcotic drug alone:
96.8(i) not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100
96.9grams;
96.10(ii) not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100
96.11grams;
96.12(iii) not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms
96.13of atropine sulfate per dosage unit;
96.14(iv) not more than 100 milligrams of opium per 100 milliliters or per 100 grams; or
96.15(v) not more than 0.5 milligrams of difenoxin and not less than 25 micrograms of
96.16atropine sulfate per dosage unit.
96.17(2) Stimulants. Unless specifically exempted or excluded or unless listed in another
96.18schedule, any material, compound, mixture, or preparation that contains any quantity of
96.19the following substance having a stimulant effect on the central nervous system, including
96.20its salts, isomers, and salts of isomers: pyrovalerone.
96.21(3) Depressants. Unless specifically exempted or excluded or unless listed in another
96.22schedule, any material, compound, mixture, or preparation that contains any quantity
96.23of the following substance having a depressant effect on the central nervous system,
96.24including its salts, isomers, and salts of isomers:
96.25(i) ezogabine;
96.26
96.27
96.28(4) Any compound, mixture, or preparation containing ephedrine or pseudoephedrine
96.29as its sole active ingredient or as one of its active ingredients.
96.30(c) No person may sell in a single over-the-counter sale more than two packages of a
96.31methamphetamine precursor drug or a combination of methamphetamine precursor drugs or
96.32any combination of packages exceeding a total weight of six grams, calculated as the base.
96.33(d) Over-the-counter sales of methamphetamine precursor drugs are limited to:
96.34(1) packages containing not more than a total of three grams of one or
96.35more methamphetamine precursor drugs, calculated in terms of ephedrine base or
96.36pseudoephedrine base; or
97.1(2) for nonliquid products, sales in blister packs, where each blister contains not
97.2more than two dosage units, or, if the use of blister packs is not technically feasible, sales
97.3in unit dose packets or pouches.
97.4(e) A business establishment that offers for sale methamphetamine precursor drugs
97.5in an over-the-counter sale shall ensure that all packages of the drugs are displayed
97.6behind a checkout counter where the public is not permitted and are offered for sale only
97.7by a licensed pharmacist, a registered pharmacy technician, or a pharmacy clerk. The
97.8establishment shall ensure that the person making the sale requires the buyer:
97.9(1) to provide photographic identification showing the buyer's date of birth; and
97.10(2) to sign a written or electronic document detailing the date of the sale, the name
97.11of the buyer, and the amount of the drug sold.
97.12A document described under clause (2) must be retained by the establishment for
97.13at least three years and must at all reasonable times be open to the inspection of any
97.14law enforcement agency.
97.15Nothing in this paragraph requires the buyer to obtain a prescription for the drug's
97.16purchase.
97.17(f) No person may acquire through over-the-counter sales more than six grams of
97.18methamphetamine precursor drugs, calculated as the base, within a 30-day period.
97.19(g) No person may sell in an over-the-counter sale a methamphetamine precursor
97.20drug to a person under the age of 18 years. It is an affirmative defense to a charge under
97.21this paragraph if the defendant proves by a preponderance of the evidence that the
97.22defendant reasonably and in good faith relied on proof of age as described in section
97.24(h) A person who knowingly violates paragraph (c), (d), (e), (f), or (g) is guilty of
97.25a misdemeanor and may be sentenced to imprisonment for not more than 90 days, or to
97.26payment of a fine of not more than $1,000, or both.
97.27(i) An owner, operator, supervisor, or manager of a business establishment that
97.28offers for sale methamphetamine precursor drugs whose employee or agent is convicted of
97.29or charged with violating paragraph (c), (d), (e), (f), or (g) is not subject to the criminal
97.30penalties for violating any of those paragraphs if the person:
97.31(1) did not have prior knowledge of, participate in, or direct the employee or agent to
97.32commit the violation; and
97.33(2) documents that an employee training program was in place to provide the
97.34employee or agent with information on the state and federal laws and regulations regarding
97.35methamphetamine precursor drugs.
98.1(j) Any person employed by a business establishment that offers for sale
98.2methamphetamine precursor drugs who sells such a drug to any person in a suspicious
98.3transaction shall report the transaction to the owner, supervisor, or manager of the
98.4establishment. The owner, supervisor, or manager may report the transaction to local law
98.5enforcement. A person who reports information under this subdivision in good faith is
98.6immune from civil liability relating to the report.
98.7(k) Paragraphs (b) to (j) do not apply to:
98.8(1) pediatric products labeled pursuant to federal regulation primarily intended for
98.9administration to children under 12 years of age according to label instructions;
98.10(2) methamphetamine precursor drugs that are certified by the Board of Pharmacy as
98.11being manufactured in a manner that prevents the drug from being used to manufacture
98.12methamphetamine;
98.13(3) methamphetamine precursor drugs in gel capsule or liquid form; or
98.14(4) compounds, mixtures, or preparations in powder form where pseudoephedrine
98.15constitutes less than one percent of its total weight and is not its sole active ingredient.
98.16(l) The Board of Pharmacy, in consultation with the Department of Public Safety,
98.17shall certify methamphetamine precursor drugs that meet the requirements of paragraph
98.18(k), clause (2), and publish an annual listing of these drugs.
98.19(m) Wholesale drug distributors licensed and regulated by the Board of Pharmacy
98.20pursuant to sections
98.21States Drug Enforcement Administration are exempt from the methamphetamine precursor
98.22drug storage requirements of this section.
98.23(n) This section preempts all local ordinances or regulations governing the sale
98.24by a business establishment of over-the-counter products containing ephedrine or
98.25pseudoephedrine. All ordinances enacted prior to the effective date of this act are void."
98.26Delete the title and insert:
98.28relating to public safety; modifying certain provisions relating to courts, public
98.29safety, firefighters, corrections, crime, disaster assistance, and controlled
98.30substances; requesting reports; providing for penalties; appropriating money
98.31for public safety, courts, corrections, Guardian Ad Litem Board, Uniform
98.32Laws Commission, Board on Judicial Standards, Board of Public Defense,
98.33Sentencing Guidelines, Peace Officer Standards and Training (POST) Board,
98.34Private Detective Board, and Human Rights;amending Minnesota Statutes
98.352014, sections 5B.11; 12.221, subdivision 6; 12B.15, subdivision 2, by adding
98.36a subdivision; 12B.25, subdivision 1; 12B.40; 13.03, subdivision 6; 13.82,
98.37subdivision 17; 43A.241; 97A.421, by adding a subdivision; 152.02, subdivisions
98.382, 3, 4, 5, 6; 168A.1501, subdivisions 1, 6; 169.13, subdivisions 1, 3; 169.98, by
98.39adding a subdivision; 169A.03, subdivision 3; 169A.07; 169A.275, subdivision
98.405; 169A.285, subdivision 1; 169A.46, subdivision 1; 169A.53, subdivision 3;
98.41181.06, subdivision 2; 181.101; 241.88, subdivision 1, by adding a subdivision;
98.42241.89, subdivisions 1, 2; 244.05, by adding a subdivision; 244.15, subdivision
99.16; 253B.08, subdivision 2a; 253B.12, subdivision 2a; 253D.28, subdivision 2;
99.2260B.198, by adding a subdivision; 299A.73, subdivision 2; 299C.35; 299C.38;
99.3299C.46, subdivisions 2, 2a; 299F.012, subdivision 1; 299N.03, subdivisions 3,
99.45, 6, 7; 299N.04, subdivision 3; 299N.05, subdivisions 1, 4, 5, 6, 7, 8; 325E.21,
99.5subdivisions 1, 2, 4; 352B.011, subdivision 10; 357.021, subdivision 2; 401.10,
99.6subdivision 1; 486.10, subdivisions 2, 3; 609.02, by adding a subdivision;
99.7609.11, subdivision 9; 609.165; 609.324, subdivision 1; 609.325, subdivision
99.84, by adding a subdivision; 609.3451, subdivision 1; 609.3471; 609.531,
99.9subdivision 1; 609.66, subdivisions 1a, 1g; 611A.26, subdivisions 1, 6; 611A.31,
99.10subdivision 1; 611A.33; 611A.35; 617.242, subdivision 6; 624.71; 624.712, by
99.11adding a subdivision; 624.713, subdivisions 1, 1a, 2, 3, 4; 624.714, subdivision
99.1216; 624.715; 626.88; 628.26; 631.461; 645.241; Laws 2013, chapter 86, article
99.131, sections 7; 9; proposing coding for new law in Minnesota Statutes, chapters
99.145B; 299N; 609; 611A; 624; 626; repealing Minnesota Statutes 2014, sections
99.1597B.031, subdivision 4; 168A.1501, subdivisions 5, 5a; 299C.36; 299N.05,
99.16subdivision 3; 325E.21, subdivisions 1c, 1d; 609.66, subdivision 1h; Laws 2014,
99.17chapter 190, sections 10; 11."