HF 2711

as introduced - 91st Legislature (2019 - 2020) Posted on 03/25/2019 02:37pm

A bill for an act
relating to public safety; modifying certain provisions relating to public safety,
corrections, crime, and firearms; requiring reports; providing for penalties;
appropriating money for public safety, corrections, Sentencing Guidelines, Peace
Officer Standards and Training (POST) Board, and Private Detective Board;
amending Minnesota Statutes 2018, sections 299A.55, subdivisions 2, 4; 299A.707,
by adding a subdivision; 299C.46, subdivision 3; 299F.857; 340A.22, subdivision
4; 357.021, subdivision 7; 624.713, subdivision 1; 624.7131; 624.7132; proposing
coding for new law in Minnesota Statutes, chapter 624.

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

ARTICLE 1

APPROPRIATIONS

Section 1. new text begin APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2020" and "2021" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2020, or June 30, 2021, respectively.
"The first year" is fiscal year 2020. "The second year" is fiscal year 2021. "The biennium"
is fiscal years 2020 and 2021. Appropriations for the fiscal year ending June 30, 2019, are
effective the day following final enactment.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
		new text begin 2019 new text end		new text begin 2020 new text end		new text begin 2021 new text end

Sec. 2. new text begin SENTENCING GUIDELINES new text end

new text begin $ new text end

new text begin 679,000 new text end

new text begin $ new text end

new text begin 687,000 new text end

Sec. 3. new text begin PUBLIC SAFETY new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 211,380,000 new text end

new text begin $ new text end

new text begin 210,718,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2020 new text end	new text begin 2021 new text end
new text begin General new text end	new text begin 116,226,000 new text end	new text begin 115,970,000 new text end
new text begin Special Revenue new text end	new text begin 13,251,000 new text end	new text begin 13,251,000 new text end
new text begin State Government Special Revenue new text end	new text begin 103,000 new text end	new text begin 103,000 new text end
new text begin Environmental new text end	new text begin 73,000 new text end	new text begin 73,000 new text end
new text begin Trunk Highway new text end	new text begin 2,429,000 new text end	new text begin 2,429,000 new text end
new text begin 911 Fund new text end	new text begin 77,650,000 new text end	new text begin 77,650,000 new text end
new text begin Opioid Stewardship new text end	new text begin 1,648,000 new text end	new text begin 1,242,000 new text end

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

new text begin Subd. 2. new text end new text begin Emergency Management new text end

new text begin 13,820,000 new text end

new text begin 13,820,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 12,897,000 new text end	new text begin 12,897,000 new text end
new text begin Environmental new text end	new text begin 73,000 new text end	new text begin 73,000 new text end
new text begin Special Revenue Fund new text end	new text begin 850,000 new text end	new text begin 850,000 new text end

new text begin (a) Hazmat and Chemical Assessment
Teams
new text end

new text begin $850,000 each year is from the fire safety
account in the special revenue fund. These
amounts must be used to fund the hazardous
materials and chemical assessment teams. Of
this amount, $100,000 the first year is for
cases for which there is no identified
responsible party.
new text end

new text begin (b) Disaster Assistance Contingency
Account
new text end

new text begin $10,000,000 the first year and $10,000,000
the second year are transferred from the
general fund to the disaster assistance
contingency account in the special revenue
fund under Minnesota Statutes, section 12.221,
subdivision 6. These are onetime
appropriations and transfers.
new text end

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

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

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

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

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

new text begin (d) Bomb Squad Reimbursements
new text end

new text begin $50,000 each year is for reimbursements to
local governments for bomb squad services.
new text end

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

new text begin 65,572,000 new text end

new text begin 64,961,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 61,488,000 new text end	new text begin 61,283,000 new text end
new text begin State Government Special Revenue new text end	new text begin 7,000 new text end	new text begin 7,000 new text end
new text begin Trunk Highway new text end	new text begin 2,429,000 new text end	new text begin 2,429,000 new text end
new text begin Opioid Stewardship new text end	new text begin 1,648,000 new text end	new text begin 1,242,000 new text end

new text begin (a) new text end new text begin DWI Lab Analysis; Trunk Highway
Fund
new text end

new text begin Notwithstanding Minnesota Statutes, section
161.20, subdivision 3, $2,429,000 the first
year and $2,429,000 the second year are from
the trunk highway fund for laboratory analysis
related to driving-while-impaired cases.
new text end

new text begin (b) FBI Cybersecurity Compliance new text end

new text begin $1,501,000 the first year and $1,325,000 the
second year are for staff and technology costs
to meet FBI cybersecurity requirements. The
base for fiscal year 2022 and thereafter is
$1,175,000.
new text end

new text begin (c) Automated Fingerprint Identification
System
new text end

new text begin $1,500,000 each year is to replace the current
automated fingerprint identification system
with a new leased technology system.
new text end

new text begin (d) Base Adjustment
new text end

new text begin To account for the base adjustments provided
in Laws of Minnesota 2018, chapter 211,
article 21, section 1, paragraph (a), the general
fund base is increased by $131,000 in fiscal
years 2022 and 2023.
new text end

new text begin (e) Opioid Stewardship
new text end

new text begin $1,648,000 the first year and $1,242,000 the
second year are from the opioid stewardship
fund to investigate opioid cases, provide
statewide training, and reduce the backlog of
evidence to be tested.
new text end

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

new text begin 6,622,000 new text end

new text begin 6,622,000 new text end

new text begin Appropriations by Fund new text end
new text begin Special Revenue new text end	new text begin 6,622,000 new text end	new text begin 6,622,000 new text end

new text begin The special revenue fund appropriation is from
the fire safety account in the special revenue
fund and is for activities under Minnesota
Statutes, section 299F.012.
new text end

new text begin Inspections. new text end new text begin $300,000 each year is for
inspection of nursing homes and boarding care
facilities.
new text end

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

new text begin 5,015,000 new text end

new text begin 5,015,000 new text end

new text begin Appropriations by Fund new text end
new text begin Special Revenue new text end	new text begin 5,015,000 new text end	new text begin 5,015,000 new text end

new text begin The special revenue fund appropriation is from
the fire safety account in the special revenue
fund and is for activities under Minnesota
Statutes, section 299F.012.
new text end

new text begin (a) Firefighter Training and Education new text end

new text begin $4,265,000 each year is for firefighter training
and education.
new text end

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

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

new text begin (c) Air Rescue
new text end

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

new text begin (d) Unappropriated Revenue new text end

new text begin Any additional unappropriated money
collected in fiscal year 2019 is appropriated
to the commissioner of public safety for the
purposes of Minnesota Statutes, section
299F.012. The commissioner may transfer
appropriations and base amounts between
activities in this subdivision.
new text end

new text begin Subd. 6. new text end new text begin Alcohol and Gambling Enforcement new text end

new text begin 2,754,000 new text end

new text begin 2,762,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 1,990,000 new text end	new text begin 1,998,000 new text end
new text begin Special Revenue new text end	new text begin 764,000 new text end	new text begin 764,000 new text end

new text begin $694,000 the first year and $694,000 the
second year are from the alcohol enforcement
account in the special revenue fund. Of this
appropriation, $500,000 each year shall be
transferred to the general fund.
new text end

new text begin $70,000 each year is from the lawful gambling
regulation account in the special revenue fund.
new text end

new text begin To account for the base adjustments provided
in Laws of Minnesota 2018, chapter 211,
article 21, section 1, paragraph (a), the general
fund base is increased by $8,000 in fiscal years
2022 and 2023.
new text end

new text begin Subd. 7. new text end new text begin Office of Justice Programs new text end

new text begin 39,947,000 new text end

new text begin 39,888,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 39,851,000 new text end	new text begin 39,792,000 new text end
new text begin State Government Special Revenue new text end	new text begin 96,000 new text end	new text begin 96,000 new text end

new text begin To account for the base adjustments provided
in Laws of Minnesota 2018, chapter 211,
article 21, section 1, paragraph (a), the general
fund base is increased by $2,000 in fiscal years
2022 and 2023.
new text end

new text begin (a) Administration Costs new text end

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

new text begin (b) Indigenous Women Task Force new text end

new text begin $105,000 the first year and $45,000 the second
year are to convene a task force on the causes
and extent of victimization of indigenous
women and girls and strategies to reduce
violence. A report on policies and
recommendations to reduce and end violence
against indigenous women and girls is due to
the legislature on December 15, 2020. These
are onetime appropriations.
new text end

new text begin Subd. 8. new text end new text begin Emergency Communication Networks new text end

new text begin 77,650,000 new text end

new text begin 77,650,000 new text end

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

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

new text begin (a) Public Safety Answering Points new text end

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

new text begin (b) Medical Resource Communication Centers new text end

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

new text begin (c) ARMER Debt Service new text end

new text begin $23,261,000 each year is transferred to the
commissioner of management and budget to
pay debt service on revenue bonds issued
under Minnesota Statutes, section 403.275.
new text end

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

new text begin (d) ARMER State Backbone Operating
Costs
new text end

new text begin $9,675,000 each year is transferred to the
commissioner of transportation for costs of
maintaining and operating the statewide radio
system backbone.
new text end

new text begin (e) ARMER Improvements
new text end

new text begin $1,000,000 each year is to the Statewide
Emergency Communications Board for
improvements to those elements of the
statewide public safety radio and
communication system that support mutual
aid communications and emergency medical
services or provide interim enhancement of
public safety communication interoperability
in those areas of the state where the statewide
public safety radio and communication system
is not yet implemented, and grants to local
units of government to further the strategic
goals set forth by the Statewide Emergency
Communications Board strategic plan.
new text end

Sec. 4. new text begin PEACE OFFICER STANDARDS AND TRAINING (POST) BOARD new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 500,000 new text end

new text begin $ new text end

new text begin 10,311,000 new text end

new text begin $ new text end

new text begin 10,311,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2019 new text end	new text begin 2020 new text end	new text begin 2021 new text end
new text begin General new text end	new text begin 500,000 new text end	new text begin 6,000,000 new text end	new text begin 6,000,000 new text end
new text begin Special Revenue new text end	new text begin -0- new text end	new text begin 4,311,000 new text end	new text begin 4,311,000 new text end

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

new text begin Subd. 2. new text end new text begin Deficiency. new text end

new text begin $500,000 in fiscal year 2019 is transferred
from the general fund to the peace officer
training account in the special revenue fund
to pay for a projected deficiency in the peace
officer training account.
new text end

new text begin Subd. 3. new text end new text begin Excess Amounts Transferred new text end

new text begin The special revenue fund appropriation is from
the peace officer training account. Any new
receipts credited to that account in the first
year in excess of $4,311,000 must be
transferred and credited to the general fund.
Any new receipts credited to that account in
the second year in excess of $4,311,000 must
be transferred and credited to the general fund.
new text end

new text begin Subd. 4. new text end new text begin Peace Officer Training Reimbursements new text end

new text begin $2,859,000 each year is from the peace officer
training account in the special revenue fund
for reimbursements to local governments for
peace officer training costs.
new text end

new text begin Subd. 5. new text end new text begin Peace Officer Training Assistance new text end

new text begin $6,000,000 each year is from the general fund
to support and strengthen law enforcement
training and implement best practices. The
base for this activity is $0 in fiscal year 2022
and thereafter.
new text end

new text begin Subd. 6. new text end new text begin De-escalation Training new text end

new text begin $100,000 each year is from the peace officer
training account in the special revenue fund
for training state and local community safety
personnel in the use of crisis de-escalation
techniques. When selecting a service provider
for this training, the board may consult with
any postsecondary institution, any state or
local government official, or any
nongovernment authority the board determines
to be relevant. Among any other criteria the
board may establish, the training provider must
have a demonstrated understanding of the
transitions and challenges that veterans may
experience during their re-entry into society
following combat service. The board must
ensure that training opportunities provided are
reasonably distributed statewide.
new text end

Sec. 5. new text begin PRIVATE DETECTIVE BOARD new text end

new text begin $ new text end

new text begin 277,000 new text end

new text begin $ new text end

new text begin 277,000 new text end

Sec. 6. new text begin CORRECTIONS new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 638,394,000 new text end

new text begin $ new text end

new text begin 661,118,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2020 new text end	new text begin 2021 new text end
new text begin General new text end	new text begin 637,429,000 new text end	new text begin 660,153,000 new text end
new text begin Opioid Stewardship new text end	new text begin 965,000 new text end	new text begin 965,000 new text end

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

new text begin Subd. 2. new text end new text begin Correctional Institutions new text end

new text begin 464,310,000 new text end

new text begin 478,209,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2020 new text end	new text begin 2021 new text end
new text begin General new text end	new text begin 463,345,000 new text end	new text begin 477,244,000 new text end
new text begin Opioid Stewardship new text end	new text begin 965,000 new text end	new text begin 965,000 new text end

new text begin (a) Base Adjustment
new text end

new text begin To account for the base adjustments provided
in Laws 2018, chapter 211, article 21, section
1, paragraph (a), the base is increased by
$2,342,000 in fiscal year 2022 and $2,342,000
in fiscal year 2023.
new text end

new text begin (b) new text end new text begin Facility Staff Positions
new text end

new text begin $2,968,000 in fiscal year 2020 and $7,645,000
in fiscal year 2021 are to add 120 full-time
equivalent positions for correctional officers
and six full-time equivalent positions for
corrections lieutenants located in correctional
facilities. $1,709,000 is added to the base in
each of fiscal years 2022 and 2023.
new text end

new text begin (c) Staffing Recruitment and Retention
new text end

new text begin $4,000,000 each year is for staffing
recruitment and retention.
new text end

new text begin (d) new text end new text begin Offender Health Care
new text end

new text begin $2,072,000 in fiscal year 2020 and $3,272,000
in fiscal year 2021 are to maintain full funding
of the offender health care contract.
new text end

new text begin (e) new text end new text begin Security
new text end

new text begin $8,500,000 in fiscal year 2020 and $5,600,000
in fiscal year 2021 are to upgrade critical
security infrastructure and modernize critical
security systems. Of the fiscal year 2021
amount, $3,600,000 is onetime funding that
does not remain in the base for each of fiscal
years 2022 and 2023.
new text end

new text begin (f) new text end new text begin Safety and Security Staff
new text end

new text begin $891,000 in fiscal year 2020 and $1,426,000
in fiscal year 2021 are to add full-time
equivalent positions deemed critical to facility
safety and security.
new text end

new text begin (g) new text end new text begin Restrictive Housing Reform
new text end

new text begin $844,000 in fiscal year 2020 and $1,688,000
in fiscal year 2021 are to implement restrictive
housing reforms that will reduce the risk of
future misconduct and comply with federal
guidelines and accreditation standards.
new text end

new text begin (h) new text end new text begin Offender Medical Services
new text end

new text begin $879,000 in fiscal year 2020 and $2,160,000
in fiscal year 2021 are to expand and improve
offender medical services.
new text end

new text begin (i) new text end new text begin Juvenile Correction Management
new text end

new text begin $1,088,000 in fiscal year 2020 and $412,000
in fiscal year 2021 are to replace the Juvenile
Correctional Management System. These are
onetime appropriations.
new text end

new text begin (j) new text end new text begin Opioid Treatment
new text end

new text begin $965,000 each year are from the opioid
stewardship fund to expand access to opioid
treatment and services for offenders, including
those who are being released to the
community.
new text end

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

new text begin 142,126,000 new text end

new text begin 149,450,000 new text end

new text begin (a) new text end new text begin Base Adjustment
new text end

new text begin To account for the base adjustments provided
in Laws 2018, chapter 211, article 21, section
1, paragraph (a), the base is increased by
$168,000 in fiscal year 2022 and $168,000 in
fiscal year 2023.
new text end

new text begin (b) new text end new text begin Pretrial Services and Supervision
new text end

new text begin $975,000 in fiscal year 2020 and $1,950,000
in fiscal year 2021 are to provide pretrial
services and pretrial supervision to offenders.
new text end

new text begin (c) new text end new text begin Community Corrections Act Subsidy
new text end

new text begin $1,650,000 in fiscal year 2020 and $3,300,000
in fiscal year 2021 are added to the
Community Corrections Act subsidy, as
described in Minnesota Statutes, section
401.14, to provide pretrial services and pretrial
supervision to offenders.
new text end

new text begin $2,033,000 in fiscal year 2020 and $4,067,000
in fiscal year 2021 are added to the
Community Corrections Act subsidy, as
described in Minnesota Statutes, section
401.14, to provide intensive supervised to
offenders in the community.
new text end

new text begin (d) new text end new text begin County Probation Officers
new text end

new text begin $100,000 in fiscal year 2020 and $200,000 in
fiscal year 2021 are for county probation
officers reimbursement as described in
Minnesota Statutes, section 244.19,
subdivision 6, to provide pretrial services and
pretrial supervision to offenders.
new text end

new text begin (e) new text end new text begin Intensive Supervision Agents
new text end

new text begin $1,167,000 in fiscal year 2020 and $2,333,000
in fiscal year 2021 are to increase the number
of supervision agents for offenders on
intensive supervised release through the
Department of Corrections.
new text end

new text begin (f) new text end new text begin Integrated Offender Case Management
Services
new text end

new text begin $642,000 in fiscal year 2020 and $1,662,000
in fiscal year 2021 are to expand and improve
integrated offender case management services.
$386,000 is added to the base in each of fiscal
years 2022 and 2023.
new text end

new text begin (g) new text end new text begin Victim Notification System Replacement
new text end

new text begin $600,000 in fiscal year 2020 and $200,000 in
fiscal year 2021 are to complete the
replacement of the Department of Corrections'
Victim Notification System. This is onetime
funding for the fiscal year 2020-2021
biennium.
new text end

new text begin (h) new text end new text begin High-Risk Offenders
new text end

new text begin $1,500,000 each year is to provide electronic
monitoring services and transitional housing
for high-risk offenders under supervision by
the Department of Corrections.
new text end

new text begin (i) new text end new text begin Transportation Services to Children of
Incarcerated Parents
new text end

new text begin $150,000 each year is for grants to nonprofit
organizations to provide transportation
services to children of incarcerated parents at
up to three correctional facilities.
new text end

new text begin (j) Culturally Specific Reintegration
Services for Adult American Indian
Offenders
new text end

new text begin $425,000 each year is for grants to
community-based providers to deliver
culturally specific reintegration services for
adult American Indian offenders.
new text end

new text begin (k) Parenting Skills
new text end

new text begin $425,000 each year is to improve parenting
skills at four correctional facilities.
new text end

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

new text begin 31,958,000 new text end

new text begin 33,459,000 new text end

new text begin (a) new text end new text begin Base Adjustment
new text end

new text begin To account for the base adjustments provided
in Laws 2018, chapter 211, article 21, section
1, paragraph (a), the base is increased by
$64,000 in fiscal year 2022 and $64,000 in
fiscal year 2023.
new text end

new text begin (b) new text end new text begin Critical Technology Needs
new text end

new text begin $3,100,000 in fiscal year 2020 and $4,300,000
in fiscal year 2021 are to support critical
technology needs.
new text end

new text begin (c) new text end new text begin Staff Recruiting
new text end

new text begin $160,000 each year is to fund positions
responsible for recruiting staff to work for the
Department of Corrections.
new text end

ARTICLE 2

PUBLIC SAFETY

Section 1.

Minnesota Statutes 2018, section 299A.55, subdivision 2, is amended to read:

Subd. 2.

Railroad and pipeline safety account.

(a) A railroad and pipeline safety
account is created in the special revenue fund. The account consists of funds collected under
subdivision 4 and funds donated, allotted, transferred, or otherwise provided to the account.

(b) deleted text begin $104,000 deleted text end new text begin $250,000 new text end is annually appropriated from the railroad and pipeline safety
account to the commissioner of the Pollution Control Agency for environmental protection
activities related to railroad discharge preparedness under chapter 115E.

deleted text begin (c) $600,000 in fiscal year 2018 and $600,000 in fiscal year 2019 are appropriated from
the railroad and pipeline safety account to the commissioner of transportation for improving
safety at railroad grade crossings.
deleted text end

deleted text begin (d) deleted text end new text begin (c) new text end Following the appropriation in paragraphs (b) and (c), the remaining money in
the account is annually appropriated to the commissioner of public safety for the purposes
specified in subdivision 3.

Sec. 2.

Minnesota Statutes 2018, section 299A.55, subdivision 4, is amended to read:

Subd. 4.

Assessments.

(a) The commissioner of public safety shall annually assess
$2,500,000 to railroad and pipeline companies based on the formula specified in paragraph
(b). The commissioner shall deposit funds collected under this subdivision in the railroad
and pipeline safety account under subdivision 2.

(b) The assessment for each railroad is 50 percent of the total annual assessment amount,
divided in equal proportion between applicable rail carriers based on route miles operated
in Minnesota. The assessment for each pipeline company is 50 percent of the total annual
assessment amount, divided in equal proportion between companies based on the yearly
aggregate gallons of oil and hazardous substance transported by pipeline in Minnesota.

deleted text begin (c) The assessments under this subdivision expire July 1, 2017.
deleted text end

Sec. 3.

Minnesota Statutes 2018, section 299A.707, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Annual transfer. new text end

new text begin In fiscal year 2019 and each year thereafter, the commissioner
of management and budget shall transfer $461,000 from the general fund to the community
justice reinvestment account.
new text end

Sec. 4.

Minnesota Statutes 2018, section 299C.46, subdivision 3, is amended to read:

Subd. 3.

Authorized use, fee.

(a) The criminal justice data communications network
shall be used exclusively by:

(1) criminal justice agencies in connection with the performance of duties required by
law;

(2) agencies investigating federal security clearances of individuals for assignment or
retention in federal employment with duties related to national security, as required by
United States Code, title 5, section 9101;

(3) other agencies to the extent necessary to provide for protection of the public or
property in a declared emergency or disaster situation;

(4) noncriminal justice agencies statutorily mandated, by state or national law, to conduct
checks into state databases prior to disbursing licenses or providing benefits;

(5) the public authority responsible for child support enforcement in connection with
the performance of its duties;

(6) the public defender, as provided in section 611.272;

(7) a county attorney or the attorney general, as the county attorney's designee, for the
purpose of determining whether a petition for the civil commitment of a proposed patient
as a sexual psychopathic personality or as a sexually dangerous person should be filed, and
during the pendency of the commitment proceedings;

(8) an agency of the state or a political subdivision whose access to systems or services
provided from or through the bureau is specifically authorized by federal law or regulation
or state statute; and

(9) a court for access to data as authorized by federal law or regulation or state statute
and related to the disposition of a pending case.

(b) The commissioner of public safety shall establish a monthly network access charge
to be paid by each participating criminal justice agency. The network access charge shall
be a standard fee established for each terminal, computer, or other equipment directly
addressable by the data communications network, as follows: January 1, 1984 to December
31, 1984, $40 connect fee per month; January 1, 1985 and thereafter, $50 connect fee per
month.

(c) The commissioner of public safety is authorized to arrange for the connection of the
data communications network with the criminal justice information system of the federal
government, any state, or country for the secure exchange of information for any of the
purposes authorized in paragraph (a), clauses (1), (2), (3), (8) and (9).

(d) Prior to establishing a secure connection, a criminal justice agency that is not part
of the Minnesota judicial branch must:

(1) agree to comply with all applicable policies governing access to, submission of or
use of the data and Minnesota law governing the classification of the data;

(2) meet the bureau's security requirements;

(3) agree to pay any required fees; and

(4) conduct fingerprint-based state and national background checks on its employees
and contractors as required by the Federal Bureau of Investigation.

(e) Prior to establishing a secure connection, a criminal justice agency that is part of the
Minnesota judicial branch must:

(1) agree to comply with all applicable policies governing access to, submission of or
use of the data and Minnesota law governing the classification of the data to the extent
applicable and with the Rules of Public Access to Records of the Judicial Branch promulgated
by the Minnesota Supreme Court;

(2) meet the bureau's security requirements;

(3) agree to pay any required fees; and

(4) conduct fingerprint-based state and national background checks on its employees
and contractors as required by the Federal Bureau of Investigation.

(f) Prior to establishing a secure connection, a noncriminal justice agency must:

(1) agree to comply with all applicable policies governing access to, submission of or
use of the data and Minnesota law governing the classification of the data;

(2) meet the bureau's security requirements;

(3) agree to pay any required fees; and

(4) conduct fingerprint-based state and national background checks on its employees
and contractors.

(g) Those noncriminal justice agencies that do not have a secure network connection
yet receive data either retrieved over the secure network by an authorized criminal justice
agency or as a result of a state or federal criminal history records check shall conduct a
background check as provided in paragraph (h) of those individuals who receive and review
the data to determine another individual's eligibility for employment, housing, a license, or
another legal right dependent on a statutorily mandated background check new text begin and on any
contractor with access to the results of a federal criminal history records check new text end .

(h) The background check required by paragraph (f) or (g) is accomplished by submitting
a request to the superintendent of the Bureau of Criminal Apprehension that includes a
signed, written consent for the Minnesota and national criminal history records check,
fingerprints, and the required fee. The superintendent may exchange the fingerprints with
the Federal Bureau of Investigation for purposes of obtaining the individual's national
criminal history record information.

The superintendent shall return the results of the national criminal history records check to
the noncriminal justice agency to determine if the individual is qualified to have access to
state and federal criminal history record information or the secure network. An individual
is disqualified when the state and federal criminal history record information show any of
the disqualifiers that the individual will apply to the records of others.

When the individual is to have access to the secure network, the noncriminal justice agency
shall review the criminal history of each employee or contractor with the Criminal Justice
Information Services systems officer at the bureau, or the officer's designee, to determine
if the employee or contractor qualifies for access to the secure network. The Criminal Justice
Information Services systems officer or the designee shall make the access determination
based on Federal Bureau of Investigation policy and Bureau of Criminal Apprehension
policy.

Sec. 5.

Minnesota Statutes 2018, section 299F.857, is amended to read:

299F.857 REDUCED CIGARETTE IGNITION PROPENSITY ACCOUNT.

The reduced cigarette ignition propensity account is established in the state treasury.
The account consists of all money recovered as penalties under section 299F.854 and fees
collected under section 299F.852, subdivision 5. The money must be deposited to the credit
of the account and, in addition to any other money made available for such purpose, is
appropriated to the state fire marshal for costs associated with new text begin the development and
presentation of fire and life safety education programs throughout Minnesota, and all costs
associated with new text end sections 299F.850 to 299F.859.

Sec. 6.

Minnesota Statutes 2018, section 340A.22, subdivision 4, is amended to read:

Subd. 4.

Off-sale license.

A microdistillery may be issued a license by the local licensing
authority for off-sale of distilled spirits new text begin , with the approval of the commissioner new text end . The license
may allow the sale of one 375 milliliter bottle per customer per day of product manufactured
on site, subject to the following requirements:

(1) off-sale hours of sale must conform to hours of sale for retail off-sale licensees in
the licensing municipality; and

(2) no brand may be sold at the microdistillery unless it is also available for distribution
by wholesalers.

Sec. 7.

Minnesota Statutes 2018, section 357.021, subdivision 7, is amended to read:

Subd. 7.

Disbursement of surcharges by commissioner of management and
budget.

(a) Except as provided in paragraphs (b), (c), and (d), the commissioner of
management and budget shall disburse surcharges received under subdivision 6 and section
97A.065, subdivision 2, as follows:

(1) one percent shall be credited to the peace officer training account in the game and
fish fund to provide peace officer training for employees of the Department of Natural
Resources who are licensed under sections 626.84 to 626.863, and who possess peace officer
authority for the purpose of enforcing game and fish laws;

(2) deleted text begin 39 deleted text end new text begin 62 new text end percent shall be credited to the peace officers training account in the special
revenue fund; and

(3) deleted text begin 60 deleted text end new text begin 37 new text end percent shall be credited to the general fund.

(b) The commissioner of management and budget shall credit $3 of each surcharge
received under subdivision 6 and section 97A.065, subdivision 2, to the general fund.

(c) In addition to any amounts credited under paragraph (a), the commissioner of
management and budget shall credit $47 of each surcharge received under subdivision 6
and section 97A.065, subdivision 2, and the $12 parking surcharge, to the general fund.

(d) If the Ramsey County Board of Commissioners authorizes imposition of the additional
$1 surcharge provided for in subdivision 6, paragraph (a), the court administrator in the
Second Judicial District shall transmit the surcharge to the commissioner of management
and budget. The $1 special surcharge is deposited in a Ramsey County surcharge account
in the special revenue fund and amounts in the account are appropriated to the trial courts
for the administration of the petty misdemeanor diversion program operated by the Second
Judicial District Ramsey County Violations Bureau.

ARTICLE 3

FIREARM TRANSFERS

Section 1.

Minnesota Statutes 2018, section 624.7131, is amended to read:

624.7131 TRANSFEREE PERMIT; PENALTY.

Subdivision 1.

Information.

Any person new text begin 21 years of age or older new text end may apply for a
transferee permit by providing the following information in writing to the chief of police
of an organized full time police department of the municipality in which the person resides
or to the county sheriff if there is no such local chief of police:

(1) the name, residence, telephone number, and driver's license number or
nonqualification certificate number, if any, of the proposed transferee;

(2) the sex, date of birth, height, weight, and color of eyes, and distinguishing physical
characteristics, if any, of the proposed transferee;

(3) a statement that the proposed transferee authorizes the release to the local police
authority of commitment information about the proposed transferee maintained by the
commissioner of human services, to the extent that the information relates to the proposed
transferee's eligibility to possess a deleted text begin pistol or semiautomatic military-style assault weapon deleted text end new text begin
firearm new text end under section 624.713, subdivision 1; and

(4) a statement by the proposed transferee that the proposed transferee is new text begin 21 years of
age or older and is new text end not prohibited by section 624.713 from possessing a deleted text begin pistol or
semiautomatic military-style assault weapon deleted text end new text begin firearm new text end .

The statements shall be signed and dated by the person applying for a permit. At the
time of application, the local police authority shall provide the applicant with a dated receipt
for the application. The statement under clause (3) must comply with any applicable
requirements of Code of Federal Regulations, title 42, sections 2.31 to 2.35, with respect
to consent to disclosure of alcohol or drug abuse patient records.

Subd. 2.

Investigation.

The chief of police or sheriff shall check criminal histories,
records and warrant information relating to the applicant through the Minnesota Crime
Information System, the national criminal record repository, and the National Instant Criminal
Background Check System. The chief of police or sheriff shall also make a reasonable effort
to check other available state and local record-keeping systems. The chief of police or sheriff
shall obtain commitment information from the commissioner of human services as provided
in section 245.041.

Subd. 3.

Forms.

Chiefs of police and sheriffs shall make transferee permit application
forms available throughout the community. There shall be no charge for forms, reports,
investigations, notifications, waivers or any other act performed or materials provided by
a government employee or agency in connection with application for or issuance of a
transferee permit.

Subd. 4.

Grounds for disqualification.

A determination by the chief of police or sheriff
that the applicant is new text begin either: (1) new text end prohibited by section 624.713 from possessing deleted text begin a pistol or
semiautomatic military-style assault weapon deleted text end new text begin or receiving a firearm; or (2) under 21 years
of age new text end shall be the only basis for refusal to grant a transferee permit.

Subd. 5.

Granting of permits.

new text begin (a) new text end The chief of police or sheriff shall issue a transferee
permit or deny the application within seven days of application for the permit.

new text begin (b) In the case of a denial, new text end the chief of police or sheriff shall provide an applicant with
written notification of a denial and the specific reason for the denial.

new text begin (c) new text end The permits and their renewal shall be granted free of charge.

Subd. 6.

Permits valid statewide.

new text begin (a) A new text end transferee deleted text begin permits deleted text end new text begin permit new text end issued pursuant to
this section deleted text begin are deleted text end new text begin is new text end valid statewide new text begin for the transfer of a single firearm new text end and shall expire
new text begin immediately new text end after deleted text begin one year. A transferee permit may be renewed in the same manner and
subject to the same provisions by which the original permit was obtained, except that all
renewed permits must comply with the standards adopted by the commissioner under section
624.7151. deleted text end new text begin either:
new text end

new text begin (1) the holder receives a firearm from a transferor, unless the transfer is excluded under
section 624.7134, subdivision 6; or
new text end

new text begin (2) 30 days have elapsed from the date the transferee permit was issued to the holder.
new text end

new text begin (b) new text end Permits issued pursuant to this section are not transferable. A person who transfers
a permit in violation of this subdivision is guilty of a misdemeanor.

Subd. 7.

Permit voided.

The transferee permit shall be void at the time that the holder
becomes prohibited from possessing new text begin or receiving new text end a deleted text begin pistol deleted text end new text begin firearm new text end under section 624.713, in
which event the holder shall return the permit within five days to the issuing authority.
Failure of the holder to return the permit within the five days is a misdemeanor unless the
court finds that the circumstances or the physical or mental condition of the permit holder
prevented the holder from complying with the return requirement.

Subd. 8.

Hearing upon denial.

Any person aggrieved by denial of a transferee permit
may appeal the denial to the district court having jurisdiction over the county or municipality
in which the denial occurred.

deleted text begin Subd. 9. deleted text end

deleted text begin Permit to carry. deleted text end

deleted text begin A valid permit to carry issued pursuant to section 624.714
constitutes a transferee permit for the purposes of this section and section 624.7132.
deleted text end

deleted text begin Subd. 10. deleted text end

deleted text begin Transfer report not required. deleted text end

deleted text begin A person who transfers a pistol or
semiautomatic military-style assault weapon to a person exhibiting a valid transferee permit
issued pursuant to this section or a valid permit to carry issued pursuant to section 624.714
is not required to file a transfer report pursuant to section 624.7132, subdivision 1.
deleted text end

Subd. 11.

Penalty.

A person who makes a false statement in order to obtain a transferee
permit knowing or having reason to know the statement is false is guilty of a deleted text begin gross
misdemeanor deleted text end new text begin felony new text end .

Subd. 12.

Local regulation.

This section shall be construed to supersede municipal or
county regulation of the issuance of transferee permits.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2018, section 624.7132, is amended to read:

624.7132 REPORT OF TRANSFER.

Subdivision 1.

Required information.

Except as provided in this section and section
624.7131, every person who agrees to transfer a deleted text begin pistol or semiautomatic military-style
assault weapon deleted text end new text begin firearm new text end shall report the following information in writing to the chief of
police of the organized full-time police department of the municipality where the proposed
transferee resides or to the appropriate county sheriff if there is no such local chief of police:

(1) the name, residence, telephone number, and driver's license number or
nonqualification certificate number, if any, of the proposed transferee;

(2) the sex, date of birth, height, weight, and color of eyes, and distinguishing physical
characteristics, if any, of the proposed transferee;

(3) a statement that the proposed transferee authorizes the release to the local police
authority of commitment information about the proposed transferee maintained by the
commissioner of human services, to the extent that the information relates to the proposed
transferee's eligibility to possess a deleted text begin pistol or semiautomatic military-style assault weapon deleted text end new text begin
firearm new text end under section 624.713, subdivision 1;

(4) a statement by the proposed transferee that the transferee is not prohibited by section
624.713 from possessing a deleted text begin pistol or semiautomatic military-style assault weapon deleted text end new text begin firearm new text end ;
and

(5) the address of the place of business of the transferor.

The report shall be signed and dated by the transferor and the proposed transferee. The
report shall be delivered by the transferor to the chief of police or sheriff no later than three
days after the date of the agreement to transfer, excluding weekends and legal holidays.
The statement under clause (3) must comply with any applicable requirements of Code of
Federal Regulations, title 42, sections 2.31 to 2.35, with respect to consent to disclosure of
alcohol or drug abuse patient records.

Subd. 2.

Investigation.

Upon receipt of a transfer report, the chief of police or sheriff
shall check criminal histories, records and warrant information relating to the proposed
transferee through the Minnesota Crime Information System, the national criminal record
repository, and the National Instant Criminal Background Check System. The chief of police
or sheriff shall also make a reasonable effort to check other available state and local
record-keeping systems. The chief of police or sheriff shall obtain commitment information
from the commissioner of human services as provided in section 245.041.

Subd. 3.

Notification.

The chief of police or sheriff shall notify the transferor and
proposed transferee in writing as soon as possible if the chief or sheriff determines that the
proposed transferee is prohibited by section 624.713 from possessing a deleted text begin pistol or
semiautomatic military-style assault weapon deleted text end new text begin firearm new text end . The notification to the transferee shall
specify the grounds for the disqualification of the proposed transferee and shall set forth in
detail the transferee's right of appeal under subdivision 13.

Subd. 4.

Delivery.

Except as otherwise provided in subdivision 7 or 8, no person shall
deliver a deleted text begin pistol or semiautomatic military-style assault weapon deleted text end new text begin firearm new text end to a proposed
transferee until five business days after the date the agreement to transfer is delivered to a
chief of police or sheriff in accordance with subdivision 1 unless the chief of police or sheriff
waives all or a portion of the seven-day waiting period. The chief of police or sheriff may
waive all or a portion of the five business day waiting period in writing if the chief of police
or sheriff finds that the transferee requires access to a deleted text begin pistol or semiautomatic military-style
assault weapon deleted text end new text begin firearm new text end because of a threat to the life of the transferee or of any member of
the household of the transferee.

No person shall deliver a deleted text begin pistol or semiautomatic military-style assault weapon deleted text end new text begin firearm new text end
to a proposed transferee after receiving a written notification that the chief of police or
sheriff has determined that the proposed transferee is prohibited by section 624.713 from
possessing a deleted text begin pistol or semiautomatic military-style assault weapon deleted text end new text begin firearm new text end .

If the transferor makes a report of transfer and receives no written notification of
disqualification of the proposed transferee within five business days after delivery of the
agreement to transfer, the deleted text begin pistol or semiautomatic military-style assault weapon deleted text end new text begin firearm new text end
may be delivered to the transferee.

Subd. 5.

Grounds for disqualification.

A determination by the chief of police or sheriff
that the proposed transferee is prohibited by section 624.713 from possessing a deleted text begin pistol or
semiautomatic military-style assault weapon deleted text end new text begin firearm new text end shall be the sole basis for a notification
of disqualification under this section.

deleted text begin Subd. 6. deleted text end

deleted text begin Transferee permit. deleted text end

deleted text begin If a chief of police or sheriff determines that a transferee
is not a person prohibited by section 624.713 from possessing a pistol or semiautomatic
military-style assault weapon, the transferee may, within 30 days after the determination,
apply to that chief of police or sheriff for a transferee permit, and the permit shall be issued.
deleted text end

Subd. 8.

Report not required.

If the proposed transferee presents deleted text begin a valid transferee
permit issued under section 624.7131 or deleted text end a valid permit to carry issued under section 624.714,
the transferor need not file a transfer report.

Subd. 9.

Number of deleted text begin pistols or semiautomatic military-style assault weapons deleted text end new text begin
firearms new text end .

Any number of deleted text begin pistols or semiautomatic military-style assault weapons deleted text end new text begin firearms new text end
may be the subject of a single transfer agreement and report to the chief of police or sheriff.
Nothing in this section or section 624.7131 shall be construed to limit or restrict the number
of deleted text begin pistols or semiautomatic military-style assault weapons deleted text end new text begin firearms new text end a person may acquire.

Subd. 10.

Restriction on records.

If, after a determination that the transferee is not a
person prohibited by section 624.713 from possessing a deleted text begin pistol or semiautomatic military-style
assault weapon deleted text end new text begin firearm new text end , a transferee requests that no record be maintained of the fact of
who is the transferee of a deleted text begin pistol or semiautomatic military-style assault weapon deleted text end new text begin firearm new text end , the
chief of police or sheriff shall sign the transfer report and return it to the transferee as soon
as possible. Thereafter, no government employee or agency shall maintain a record of the
transfer that identifies the transferee, and the transferee shall retain the report of transfer.

Subd. 11.

Forms; cost.

Chiefs of police and sheriffs shall make transfer report forms
available throughout the community. There shall be no charge for forms, reports,
investigations, notifications, waivers or any other act performed or materials provided by
a government employee or agency in connection with a transfer.

Subd. 12.

Exclusions.

Except as otherwise provided in section 609.66, subdivision 1f,
this section shall not apply to transfers of antique firearms as curiosities or for their historical
significance or value, transfers to or between federally licensed firearms dealers, transfers
by order of court, involuntary transfers, transfers at death or the following transfers:

(1) a transfer by a person other than a federally licensed firearms dealer;

(2) a loan to a prospective transferee if the loan is intended for a period of no more than
one day;

(3) the delivery of a deleted text begin pistol or semiautomatic military-style assault weapon deleted text end new text begin firearm new text end to a
person for the purpose of repair, reconditioning or remodeling;

(4) a loan by a teacher to a student in a course designed to teach marksmanship or safety
with a pistol and approved by the commissioner of natural resources;

(5) a loan between persons at a firearms collectors exhibition;

(6) a loan between persons lawfully engaged in hunting or target shooting if the loan is
intended for a period of no more than 12 hours;

(7) a loan between law enforcement officers who have the power to make arrests other
than citizen arrests; and

(8) a loan between employees or between the employer and an employee in a business
if the employee is required to carry a deleted text begin pistol or semiautomatic military-style assault weapon deleted text end new text begin
firearm new text end by reason of employment and is the holder of a valid permit to carry a pistol.

Subd. 13.

Appeal.

A person aggrieved by the determination of a chief of police or sheriff
that the person is prohibited by section 624.713 from possessing a deleted text begin pistol or semiautomatic
military-style assault weapon deleted text end new text begin firearm new text end may appeal the determination as provided in this
subdivision. The district court shall have jurisdiction of proceedings under this subdivision.

On review pursuant to this subdivision, the court shall be limited to a determination of
whether the proposed transferee is a person prohibited from possessing a deleted text begin pistol or
semiautomatic military-style assault weapon deleted text end new text begin firearm new text end by section 624.713.

deleted text begin Subd. 14. deleted text end

deleted text begin Transfer to unknown party. deleted text end

deleted text begin (a) No person shall transfer a pistol or
semiautomatic military-style assault weapon to another who is not personally known to the
transferor unless the proposed transferee presents evidence of identity to the transferor.
deleted text end

deleted text begin (b) No person who is not personally known to the transferor shall become a transferee
of a pistol or semiautomatic military-style assault weapon unless the person presents evidence
of identity to the transferor.
deleted text end

deleted text begin (c) The evidence of identity shall contain the name, residence address, date of birth, and
photograph of the proposed transferee; must be made or issued by or under the authority of
the United States government, a state, a political subdivision of a state, a foreign government,
a political subdivision of a foreign government, an international governmental or an
international quasi-governmental organization; and must be of a type commonly accepted
for the purpose of identification of individuals.
deleted text end

deleted text begin (d) A person who becomes a transferee of a pistol or semiautomatic military-style assault
weapon in violation of this subdivision is guilty of a misdemeanor.
deleted text end

Subd. 15.

Penalties.

(a) Except as otherwise provided in paragraph (b), a person who
does any of the following is guilty of a gross misdemeanor:

(1) transfers a deleted text begin pistol or semiautomatic military-style assault weapon deleted text end new text begin firearm new text end in violation
of subdivisions 1 to 13;

(2) transfers a deleted text begin pistol or semiautomatic military-style assault weapon deleted text end new text begin firearm new text end to a person
who has made a false statement in order to become a transferee, if the transferor knows or
has reason to know the transferee has made the false statement;

(3) knowingly becomes a transferee in violation of subdivisions 1 to 13; or

(4) makes a false statement in order to become a transferee of a deleted text begin pistol or semiautomatic
military-style assault weapon deleted text end new text begin firearm new text end knowing or having reason to know the statement is
false.

(b) A person who does either of the following is guilty of a felony:

(1) transfers a deleted text begin pistol or semiautomatic military-style assault weapon deleted text end new text begin firearm new text end to a person
under the age of 18 in violation of subdivisions 1 to 13; or

(2) transfers a deleted text begin pistol or semiautomatic military-style assault weapon deleted text end new text begin firearm new text end to a person
under the age of 18 who has made a false statement in order to become a transferee, if the
transferor knows or has reason to know the transferee has made the false statement.

Subd. 16.

Local regulation.

This section shall be construed to supersede municipal or
county regulation of the transfer of deleted text begin pistols deleted text end new text begin firearms new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

new text begin [624.7134] PRIVATE PARTY TRANSFERS; BACKGROUND CHECK
REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following terms have the
meanings provided in this subdivision.
new text end

new text begin (b) "Firearms dealer" means a person who is licensed by the United States Department
of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, under United States Code,
title 18, section 923(a).
new text end

new text begin (c) "State or federally issued identification" means a document or card made or issued
by or under the authority of the United States government or the state that contains the
person's name, residence address, date of birth, and photograph and is of a type commonly
accepted for the purpose of identification of individuals.
new text end

new text begin (d) "Relative" means a spouse, parent, stepparent, child, stepchild, brother, sister, aunt,
uncle, grandparent, or grandchild by blood or marriage.
new text end

new text begin Subd. 2. new text end

new text begin Background check and evidence of identity. new text end

new text begin A person who is not a firearms
dealer is prohibited from transferring possession or ownership of a firearm to any other
person who is not a firearms dealer, unless the transferee presents a valid transferee permit
issued under section 624.7131 and a current state or federally issued identification.
new text end

new text begin Subd. 3. new text end

new text begin Record of transfer; required information. new text end

new text begin (a) When two parties complete
the transfer of a firearm under subdivision 2, the transferor and transferee must complete a
record of transfer on a form designed and made publicly available without fee for this
purpose by the superintendent of the Bureau of Criminal Apprehension. Each page of the
record of transfer must be signed and dated by the transferor and the transferee and contain
the serial number of the firearm.
new text end

new text begin (b) The record of transfer must contain the following information:
new text end

new text begin (1) a clear photocopy of each person's current state or federally issued identification;
new text end

new text begin (2) a clear photocopy of the transferee permit presented by the transferee; and
new text end

new text begin (3) a signed statement by the transferee swearing that the transferee is not currently
prohibited by state or federal law from possessing a firearm.
new text end

new text begin (c) The record of transfer must also contain the following information regarding the
transferred firearm:
new text end

new text begin (1) the type of firearm;
new text end

new text begin (2) the manufacturer, make, and model of the firearm; and
new text end

new text begin (3) the firearm's manufacturer-assigned serial number.
new text end

new text begin (d) Both the transferor and the transferee must retain a copy of the record of transfer
and any attachments to the record of transfer.
new text end

new text begin Subd. 4. new text end

new text begin Compulsory production of a record of transfer; gross misdemeanor
penalty. new text end

new text begin (a) The transferor and transferee of a firearm transferred under this section must
produce the record of transfer when a peace officer requests the record as part of a criminal
investigation.
new text end

new text begin (b) A person who refuses or is unable to produce a record of transfer for a firearm
transferred under this section in response to a request for production made by a peace officer
pursuant to paragraph (a) is guilty of a gross misdemeanor. A prosecution or conviction for
violation of this subdivision is not a bar to conviction of, or punishment for, any other crime
committed involving the transferred firearm.
new text end

new text begin Subd. 5. new text end

new text begin Immunity. new text end

new text begin A person is immune to a charge of violating this section if the person
presents a record of transfer that satisfies the requirements of subdivision 3.
new text end

new text begin Subd. 6. new text end

new text begin Exclusions. new text end

new text begin (a) This section shall not apply to the following transfers:
new text end

new text begin (1) a transfer by or to a federally licensed firearms dealer;
new text end

new text begin (2) a transfer by or to any law enforcement agency;
new text end

new text begin (3) to the extent the transferee is acting within the course and scope of employment and
official duties, a transfer to:
new text end

new text begin (i) a peace officer, as defined in section 626.84, subdivision 1, paragraph (c);
new text end

new text begin (ii) a member of the armed forces of the United States, the National Guard, or the
Reserves of the United States armed forces;
new text end

new text begin (iii) a federal law enforcement officer; or
new text end

new text begin (iv) a security guard employed by a protective agent licensed pursuant to chapter 326;
new text end

new text begin (4) a transfer between immediate family members, which for the purposes of this section
means spouses, domestic partners, parents, children, siblings, grandparents, and
grandchildren;
new text end

new text begin (5) a transfer to an executor, administrator, trustee, or personal representative of an estate
or a trust that occurs by operation of law upon the death of the former owner of the firearm;
new text end

new text begin (6) a transfer of an antique firearm as defined in section 624.712, subdivision 3;
new text end

new text begin (7) a transfer of a curio or relic, as defined in Code of Federal Regulations, title 27,
section 478.11, if the transfer is between collectors of firearms as curios or relics as defined
by United States Code, title 18, section 921(a)(13), who each have in their possession a
valid collector of curio and relics license issued by the United States Department of Justice,
Bureau of Alcohol, Tobacco, Firearms and Explosives;
new text end

new text begin (8) the temporary transfer of a firearm if:
new text end

new text begin (i) the transfer is necessary to prevent imminent death or great bodily harm; and
new text end

new text begin (ii) the person's possession lasts only as long as immediately necessary to prevent such
imminent death or great bodily harm; and
new text end

new text begin (9) a temporary transfer if the transferee's possession of the firearm following the transfer
is only:
new text end

new text begin (i) at a shooting range that operates in compliance with the performance standards under
chapter 87A or is a nonconforming use under section 87A.03, subdivision 2, or, if compliance
is not required by the governing body of the jurisdiction, at an established shooting range
operated consistently with local law in the jurisdiction;
new text end

new text begin (ii) at a lawfully organized competition involving the use of a firearm, or while
participating in or practicing for a performance by an organized group that uses firearms as
part of the performance;
new text end

new text begin (iii) while hunting or trapping if the hunting or trapping is legal in all places where the
transferee possesses the firearm and the transferee holds all licenses or permits required for
hunting or trapping; or
new text end

new text begin (iv) while in the actual presence of the transferor.
new text end

new text begin (b) A transfer under this subdivision is permitted only if the transferor has no reason to
believe:
new text end

new text begin (1) that the transferee is prohibited by federal law from buying or possessing firearms
or not entitled under state law to possess firearms;
new text end

new text begin (2) if the transferee is under 21 years of age and is receiving the firearm under direct
supervision and control of an adult, that the adult is prohibited by federal law from buying
or possessing firearms or not entitled under state law to possess firearms; or
new text end

new text begin (3) that the transferee will use or intends to use the firearm in the commission of a crime.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

ARTICLE 4

FIREARM POSSESSION

Section 1.

Minnesota Statutes 2018, section 624.713, subdivision 1, is amended to read:

Subdivision 1.

Ineligible persons.

The following persons shall not be entitled to possess
ammunition or a pistol or semiautomatic military-style assault weapon or, except for clause
(1), any other firearm:

(1) a person under the age of 18 years except that a person under 18 may possess
ammunition designed for use in a firearm that the person may lawfully possess and may
carry or possess a pistol or semiautomatic military-style assault weapon (i) in the actual
presence or under the direct supervision of the person's parent or guardian, (ii) for the
purpose of military drill under the auspices of a legally recognized military organization
and under competent supervision, (iii) for the purpose of instruction, competition, or target
practice on a firing range approved by the chief of police or county sheriff in whose
jurisdiction the range is located and under direct supervision; or (iv) if the person has
successfully completed a course designed to teach marksmanship and safety with a pistol
or semiautomatic military-style assault weapon and approved by the commissioner of natural
resources;

(2) except as otherwise provided in clause (9), a person who has been convicted of, or
adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing, in
this state or elsewhere, a crime of violence. For purposes of this section, crime of violence
includes crimes in other states or jurisdictions which would have been crimes of violence
as herein defined if they had been committed in this state;

(3) a person who is or has ever been committed in Minnesota or elsewhere by a judicial
determination that the person is mentally ill, developmentally disabled, or mentally ill and
dangerous to the public, as defined in section 253B.02, to a treatment facility, or who has
ever been found incompetent to stand trial or not guilty by reason of mental illness, unless
the person's ability to possess a firearm and ammunition has been restored under subdivision
4;

(4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or
gross misdemeanor violation of chapter 152, unless three years have elapsed since the date
of conviction and, during that time, the person has not been convicted of any other such
violation of chapter 152 or a similar law of another state; or a person who is or has ever
been committed by a judicial determination for treatment for the habitual use of a controlled
substance or marijuana, as defined in sections 152.01 and 152.02, unless the person's ability
to possess a firearm and ammunition has been restored under subdivision 4;

(5) a person who has been committed to a treatment facility in Minnesota or elsewhere
by a judicial determination that the person is chemically dependent as defined in section
253B.02, unless the person has completed treatment or the person's ability to possess a
firearm and ammunition has been restored under subdivision 4. Property rights may not be
abated but access may be restricted by the courts;

(6) a peace officer who is informally admitted to a treatment facility pursuant to section
253B.04 for chemical dependency, unless the officer possesses a certificate from the head
of the treatment facility discharging or provisionally discharging the officer from the
treatment facility. Property rights may not be abated but access may be restricted by the
courts;

(7) a person, including a person under the jurisdiction of the juvenile court, who has
been charged with committing a crime of violence and has been placed in a pretrial diversion
program by the court before disposition, until the person has completed the diversion program
and the charge of committing the crime of violence has been dismissed;

(8) except as otherwise provided in clause (9), a person who has been convicted in
another state of committing an offense similar to the offense described in section 609.224,
subdivision 3, against a family or household member or section 609.2242, subdivision 3,
unless three years have elapsed since the date of conviction and, during that time, the person
has not been convicted of any other violation of section 609.224, subdivision 3, or 609.2242,
subdivision 3, or a similar law of another state;

(9) a person who has been convicted in this state or elsewhere of assaulting a family or
household member and who was found by the court to have used a firearm in any way
during commission of the assault is prohibited from possessing any type of firearm or
ammunition for the period determined by the sentencing court;

(10) a person who:

(i) has been convicted in any court of a crime punishable by imprisonment for a term
exceeding one year;

(ii) is a fugitive from justice as a result of having fled from any state to avoid prosecution
for a crime or to avoid giving testimony in any criminal proceeding;

(iii) is an unlawful user of any controlled substance as defined in chapter 152;

(iv) has been judicially committed to a treatment facility in Minnesota or elsewhere as
a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to the
public, as defined in section 253B.02;

(v) is an alien who is illegally or unlawfully in the United States;

(vi) has been discharged from the armed forces of the United States under dishonorable
conditions;

(vii) has renounced the person's citizenship having been a citizen of the United States;
or

(viii) is disqualified from possessing a firearm under United States Code, title 18, section
922(g)(8) or (9), as amended through March 1, 2014;

(11) a person who has been convicted of the following offenses at the gross misdemeanor
level, unless three years have elapsed since the date of conviction and, during that time, the
person has not been convicted of any other violation of these sections: section 609.229
(crimes committed for the benefit of a gang); 609.2231, subdivision 4 (assaults motivated
by bias); 609.255 (false imprisonment); 609.378 (neglect or endangerment of a child);
609.582, subdivision 4 (burglary in the fourth degree); 609.665 (setting a spring gun); 609.71
(riot); or 609.749 (stalking). For purposes of this paragraph, the specified gross misdemeanor
convictions include crimes committed in other states or jurisdictions which would have
been gross misdemeanors if conviction occurred in this state;

(12) a person who has been convicted of a violation of section 609.224 if the court
determined that the assault was against a family or household member in accordance with
section 609.2242, subdivision 3 (domestic assault), unless three years have elapsed since
the date of conviction and, during that time, the person has not been convicted of another
violation of section 609.224 or a violation of a section listed in clause (11); deleted text begin or
deleted text end

(13) a person who is subject to an order for protection as described in section 260C.201,
subdivision 3, paragraph (d), or 518B.01, subdivision 6, paragraph (g) new text begin ; or
new text end

new text begin (14) a person who is subject to an extreme risk protection order as described in section
624.7162 or 624.7164 new text end .

A person who issues a certificate pursuant to this section in good faith is not liable for
damages resulting or arising from the actions or misconduct with a firearm or ammunition
committed by the individual who is the subject of the certificate.

The prohibition in this subdivision relating to the possession of firearms other than
pistols and semiautomatic military-style assault weapons does not apply retroactively to
persons who are prohibited from possessing a pistol or semiautomatic military-style assault
weapon under this subdivision before August 1, 1994.

The lifetime prohibition on possessing, receiving, shipping, or transporting firearms and
ammunition for persons convicted or adjudicated delinquent of a crime of violence in clause
(2), applies only to offenders who are discharged from sentence or court supervision for a
crime of violence on or after August 1, 1993.

For purposes of this section, "judicial determination" means a court proceeding pursuant
to sections 253B.07 to 253B.09 or a comparable law from another state.

Sec. 2.

new text begin [624.7171] EXTREME RISK PROTECTION ORDERS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in sections 624.7171 to 624.7178, the term "family
or household members" has the meaning given in section 518B.01, subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Court jurisdiction. new text end

new text begin An application for relief under this section may be filed
in the county of residence of either party. There are no residency requirements that apply
to a petition for an extreme risk protection order. Actions under this section shall be given
docket priorities by the court.
new text end

new text begin Subd. 3. new text end

new text begin Information on petitioner's location or residence. new text end

new text begin Upon the petitioner's
request, information maintained by the court regarding the petitioner's location or residence
is not accessible to the public and may be disclosed only to court personnel or law
enforcement for purposes of service of process, conducting an investigation, or enforcing
an order.
new text end

new text begin Subd. 4. new text end

new text begin Generally. new text end

new text begin (a) There shall exist an action known as a petition for an extreme
risk protection order for protection from firearm violence, which order shall enjoin and
prohibit the respondent from possessing firearms for a fixed period.
new text end

new text begin (b) A petition for relief under sections 624.7171 to 624.7178 may be made by any family
or household members, the chief law enforcement officer or a designee, a city or county
attorney, or a guardian as defined in section 524.1-201, clause (26).
new text end

new text begin (c) A petition for relief shall allege that the respondent poses a significant danger of
bodily harm to self or to other persons by possessing a firearm. The petition shall be
accompanied by an affidavit made under oath stating specific facts and circumstances
forming a basis to allege that an extreme risk protection order should be granted. The affidavit
may include, but is not limited to, evidence showing any of the factors described in
subdivision 3.
new text end

new text begin (d) A petition for emergency relief under section 624.7174 shall additionally allege that
the respondent presents an immediate and present danger of bodily injury.
new text end

new text begin (e) A petition for relief must state whether there is an existing order in effect under
sections 624.7171 to 624.7178, or chapter 260C or 518B governing the respondent and
whether there is a pending lawsuit, complaint, petition, or other action between the parties
under sections 624.7171 to 624.7178, or chapter 257, 518, 518A, 518B, or 518C. The court
administrator shall verify the terms of any existing order governing the parties. The court
may not delay granting relief because of the existence of a pending action between the
parties or the necessity of verifying the terms of an existing order. A petition for relief may
be granted whether or not there is a pending action between the parties.
new text end

new text begin (f) A petition for relief must describe, to the best of the petitioner's knowledge, the types
and location of any firearms believed by the petitioner to be possessed by the respondent.
new text end

new text begin (g) The court shall provide simplified forms and clerical assistance to help with the
writing and filing of a petition under this section.
new text end

new text begin (h) The state court administrator shall create all forms necessary under sections 624.7171
to 624.7178.
new text end

new text begin (i) The filing fees for an extreme risk protection order under this section are waived for
the petitioner and respondent. The court administrator, the sheriff of any county in this state,
and other law enforcement and corrections officers shall perform their duties relating to
service of process without charge to the petitioner. The court shall direct payment of the
reasonable costs of service of process if served by a private process server when the sheriff
or other law enforcement or corrections officer is unavailable or if service is made by
publication, without requiring the petitioner to make application under section 563.01.
new text end

new text begin (j) The court shall advise the petitioner of the right to serve the respondent by alternate
notice under section 624.7172, subdivision 1, paragraph (e), if the respondent is avoiding
personal service by concealment or otherwise, and shall assist in the writing and filing of
the affidavit.
new text end

new text begin (k) The court shall advise the petitioner of the right to request a hearing under section
624.7174, paragraph (b). If the petitioner does not request a hearing, the court shall advise
the petitioner that the respondent may request a hearing and that notice of the hearing date
and time will be provided to the petitioner by mail at least five days before the hearing.
new text end

new text begin (l) An extreme risk protection order issued under sections 624.7171 to 624.7178 applies
throughout the state.
new text end

new text begin (m) Any proceeding under sections 624.7171 to 624.7178 shall be in addition to other
civil or criminal remedies.
new text end

new text begin (n) All health records and other health information provided in a petition or considered
as evidence in a proceeding under sections 624.7171 to 624.7178 shall be protected from
public disclosure but may be provided to law enforcement agencies as described in this
section.
new text end

new text begin (o) Any extreme risk protection order or subsequent extension issued under sections
624.7171 to 624.7178 shall be forwarded by the court administrator within 24 hours to the
local law enforcement agency with jurisdiction over the residence of the respondent. Each
appropriate law enforcement agency shall make available to other law enforcement officers,
through a system for verification, information as to the existence and status of any extreme
risk protection order issued under sections 624.7171 to 624.7178.
new text end

Sec. 3.

new text begin [624.7172] EXTREME RISK PROTECTION ORDERS ISSUED AFTER
HEARING.
new text end

new text begin Subdivision 1. new text end

new text begin Hearing. new text end

new text begin (a) Upon receipt of the petition for an order after a hearing, the
court shall order a hearing which shall be held not later than 14 days from the date of the
order for hearing.
new text end

new text begin (b) The court shall advise the petitioner of the right to request an emergency extreme
risk protection order under section 624.7174 separately from or simultaneously with the
petition under this subdivision.
new text end

new text begin (c) The petitioning law enforcement agency shall be responsible for service of an extreme
risk protection order issued by the court and shall further be the agency responsible for the
execution of any legal process required for the seizure and storage of firearms subject to
the order. Nothing in this provision limits the ability of the law enforcement agency of
record cooperating with other law enforcement entities. When the petitioner is a family
member, the primary law enforcement agency serving the jurisdiction of residency of the
respondent shall be responsible for the execution of any legal process required for the seizure
and storage of firearms subject to the order.
new text end

new text begin (d) Personal service of notice for the hearing may be made upon the respondent at any
time up to 12 hours prior to the time set for the hearing, provided that the respondent at the
hearing may request a continuance of up to five days if the respondent is served less than
five days prior to the hearing, which continuance shall be granted unless there are compelling
reasons not to do so. If the court grants the requested continuance, and an existing emergency
order under section 624.7174 will expire due to the continuance, the court shall also issue
a written order continuing the emergency order pending the new time set for the hearing.
new text end

new text begin (e) If personal service cannot be made, the court may order service of the petition and
any order issued under this section by alternate means. The application for alternate service
must include the last known location of the respondent; the petitioner's most recent contacts
with the respondent; the last known location of the respondent's employment; the names
and locations of the respondent's parents, siblings, children, and other close relatives; the
names and locations of other persons who are likely to know the respondent's whereabouts;
and a description of efforts to locate those persons. The court shall consider the length of
time the respondent's location has been unknown, the likelihood that the respondent's location
will become known, the nature of the relief sought, and the nature of efforts made to locate
the respondent. The court shall order service by first class mail, forwarding address requested,
to any addresses where there is a reasonable possibility that mail or information will be
forwarded or communicated to the respondent. The court may also order publication, within
or without the state, but only if it might reasonably succeed in notifying the respondent of
the proceeding. Service shall be deemed complete 14 days after mailing or 14 days after
court-ordered publication.
new text end

new text begin Subd. 2. new text end

new text begin Relief by court. new text end

new text begin (a) At the hearing, the petitioner must prove by a preponderance
of the evidence that the respondent poses a significant danger of bodily injury to self or
other persons by possessing a firearm.
new text end

new text begin (b) In determining whether to grant the order after a hearing, the court shall consider
evidence of the following, whether or not the petitioner has provided evidence of the same:
new text end

new text begin (1) a history of threats or acts of violence by the respondent directed toward the
respondent's self or another person;
new text end

new text begin (2) the history of use, attempted use, or threatened use of physical force by the respondent
against another person;
new text end

new text begin (3) a violation of any court order including, but not limited to, orders issued under
sections 624.7171 to 624.7178, or chapter 260C or 518B;
new text end

new text begin (4) a prior arrest for a felony offense;
new text end

new text begin (5) a conviction or prior arrest for a violent misdemeanor offense, for a stalking offense
under section 609.749, or for domestic assault under section 609.2242;
new text end

new text begin (6) a conviction for an offense of cruelty to animals under chapter 343;
new text end

new text begin (7) the unlawful and reckless use, display, or brandishing of a firearm by the respondent;
and
new text end

new text begin (8) evidence of controlled substances or alcohol abuse factored against countervailing
evidence of recovery from abuse of controlled substances or alcohol.
new text end

new text begin (c) In determining whether to grant the order after a hearing, the court may consider any
other evidence that bears on whether the respondent poses a danger to the respondent's self
or others.
new text end

new text begin (d) If the court finds there is a preponderance of the evidence to issue an extreme risk
protection order, the court shall issue the order prohibiting the person from possessing a
firearm for the duration of the order. The court shall inform the respondent that the respondent
is prohibited from possessing firearms and shall issue a transfer order under section 624.7175.
The court shall also give notice to the county attorney's office, which may take action as it
deems appropriate.
new text end

new text begin (e) The order shall have a fixed period, to be determined by the court, of not less than
six months and not more than two years, subject to renewal or extension under section
624.7173.
new text end

new text begin (f) If there is no existing emergency order under section 624.7174 at the time an order
is granted under this section, the court shall determine by a preponderance of the evidence
whether the respondent presents an immediate and present danger of bodily injury. If the
court so determines, the transfer order shall include the provisions described in section
624.7175, paragraph (c).
new text end

new text begin (g) If, after a hearing, the court does not issue an order of protection, the court shall
vacate any emergency extreme risk protection order currently in effect.
new text end

new text begin (h) A respondent may waive the respondent's right to contest the hearing and consent
to the court's imposition of an extreme risk protection order. The court shall seal the petition
filed under this section and section 624.7176, if a respondent who consents to imposition
of an extreme risk protection order requests that the petition be sealed, unless the court finds
that there is clear and convincing evidence that the interests of the public and public safety
outweigh the disadvantages to the respondent of not sealing the petition. All extreme risk
protection orders shall remain public.
new text end

Sec. 4.

new text begin [624.7173] SUBSEQUENT EXTENSIONS AND TERMINATION.
new text end

new text begin (a) Upon application by any party entitled to petition for an order under section 624.7172,
and after notice to the respondent and a hearing, the court may extend the relief granted in
an existing order granted after a hearing under section 624.7172. Application for an extension
may be made any time within the three months before the expiration of the existing order.
The order may be extended for a fixed period of at least six months and not to exceed two
years, if the court makes the same findings by a preponderance of the evidence as required
for granting of an initial order under section 624.7172, subdivision 2, paragraph (d). The
court shall consider the same types of evidence as required for the initial order under section
624.7172, subdivision 2, paragraphs (b) and (c).
new text end

new text begin (b) Upon application by the respondent to an order issued under section 624.7172, the
court may terminate an order after a hearing at which the respondent shall bear the burden
of proving by a preponderance of the evidence that the respondent does not pose a significant
danger of bodily injury to the respondent's self or to other persons by possessing a firearm.
Application may be made for termination one time for each year an order is in effect. If an
order has been issued for a period of six months, the respondent may apply for termination
one time.
new text end

Sec. 5.

new text begin [624.7174] EMERGENCY ISSUANCE OF EXTREME RISK PROTECTION
ORDER.
new text end

new text begin (a) In determining whether to grant an emergency extreme risk protection order, the
court shall consider evidence of all facts identified in section 624.7172, subdivision 2,
paragraphs (b) and (c).
new text end

new text begin (b) The court shall advise the petitioner of the right to request an order after a hearing
under section 624.7172 separately from or simultaneously with the petition.
new text end

new text begin (c) If the court finds there is reasonable grounds that (1) the respondent poses a significant
danger of bodily injury to the respondent's self or to other persons by possessing a firearm,
and (2) the respondent presents an immediate and present danger of bodily injury, the court
shall issue an ex parte emergency order prohibiting the respondent from possessing a firearm
for the duration of the order. The order shall inform the respondent that the respondent is
prohibited from possessing firearms and shall issue a transfer order under section 624.7175,
paragraph (c).
new text end

new text begin (d) A finding by the court that there is a basis for issuing an emergency extreme risk
protection order constitutes a finding that sufficient reasons exist not to require notice under
applicable court rules governing applications for ex parte relief.
new text end

new text begin (e) The emergency order shall have a fixed period of 14 days, unless a hearing is set
under section 624.7172 on an earlier date, in which case the order shall expire upon a judge's
finding that no order is issued under section 624.7172.
new text end

new text begin (f) Except as provided in paragraph (g), the respondent shall be personally served
immediately with a copy of the emergency order and a copy of the petition and, if a hearing
is requested by the petitioner under section 624.7172, notice of the date set for the hearing.
If the petitioner does not request a hearing under section 624.7172, an order served on a
respondent under this subdivision must include a notice advising the respondent of the right
to request a hearing challenging the issuance of the emergency order, and must be
accompanied by a form that can be used by the respondent to request a hearing.
new text end

new text begin (g) Service of the emergency order may be made by alternate service as provided under
section 624.7172, subdivision 1, paragraph (e), provided that the petitioner files the affidavit
required under that subdivision. If the petitioner does not request a hearing under section
624.7172, the petition mailed to the respondent's residence, if known, must be accompanied
by the form for requesting a hearing described in paragraph (f).
new text end

Sec. 6.

new text begin [624.7175] TRANSFER OF FIREARMS.
new text end

new text begin (a) Upon issuance of an extreme risk protection order, the court shall direct the respondent
to transfer any firearms the person possesses as soon as reasonably practicable, but in no
case later than 24 hours, to a federally licensed firearms dealer or a law enforcement agency.
If the respondent elects to transfer the respondent's firearms to a law enforcement agency,
the agency must accept the transfer. The transfer may be permanent or temporary. A
temporary firearm transfer only entitles the receiving party to possess the firearm and does
not transfer ownership or title. If the respondent makes a temporary transfer, a federally
licensed firearms dealer or law enforcement agency may charge the respondent a reasonable
fee to store the firearms and may establish policies for disposal of abandoned firearms,
provided these policies require that the respondent be notified prior to disposal of abandoned
firearms. If a respondent permanently transfers the respondent's firearms to a law enforcement
agency, the agency is not required to compensate the respondent and may charge the
respondent a reasonable processing fee.
new text end

new text begin (b) The respondent must file proof of transfer as provided in this paragraph.
new text end

new text begin (1) A law enforcement agency or federally licensed firearms dealer accepting transfer
of a firearm pursuant to this section shall provide proof of transfer to the respondent. The
proof of transfer must specify whether the firearms were permanently or temporarily
transferred and must include the name of the respondent, date of transfer, and the serial
number, manufacturer, and model of all transferred firearms. If transfer is made to a federally
licensed firearms dealer, the respondent shall, within two business days after being served
with the order, file a copy of proof of transfer with the law enforcement agency, and attest
that all firearms owned or possessed at the time of the order have been transferred in
accordance with this section and that the person currently does not possess any firearms. If
the respondent claims not to own or possess firearms, the respondent shall file a declaration
of nonpossession with the law enforcement agency attesting that, at the time of the order,
the respondent neither owned nor possessed any firearms, and that the respondent currently
neither owns nor possesses any firearms.
new text end

new text begin (2) The court shall seal affidavits, proofs of transfer, and declarations of nonpossession
filed pursuant to this paragraph.
new text end

new text begin (c) If a court issues an emergency order under section 624.7174, or makes a finding of
immediate and present danger under section 624.7172, subdivision 2, paragraph (e), and
there is probable cause to believe the respondent possesses firearms, the court shall issue a
search warrant to the local law enforcement agency to take possession of all firearms in the
respondent's possession as soon as practicable. The local law enforcement agency shall,
upon written notice from the respondent, transfer the firearms to a federally licensed firearms
dealer. Before a local law enforcement agency transfers a firearm under this paragraph, the
agency shall require the federally licensed firearms dealer receiving the firearm to submit
a proof of transfer that complies with the requirements for proofs of transfer established in
paragraph (b). The agency shall file all proofs of transfer received by the court within two
business days of the transfer. A federally licensed firearms dealer who accepts a firearm
transfer pursuant to this paragraph shall comply with paragraphs (a) and (b) as if accepting
transfer directly from the respondent. If the law enforcement agency does not receive written
notice from the respondent within three business days, the agency may charge a reasonable
fee to store the respondent's firearms. A law enforcement agency may establish policies for
disposal of abandoned firearms, provided these policies require that the respondent be
notified prior to disposal of abandoned firearms.
new text end

Sec. 7.

new text begin [624.7176] RETURN OF FIREARMS.
new text end

new text begin Subdivision 1. new text end

new text begin Law enforcement. new text end

new text begin A local law enforcement agency that accepted
temporary transfer of firearms under section 624.7175 shall return the firearms to the
respondent upon request after the expiration of the order, provided the respondent is not
otherwise prohibited from possessing firearms under state or federal law.
new text end

new text begin Subd. 2. new text end

new text begin Firearms dealer. new text end

new text begin A federally licensed firearms dealer that accepted temporary
transfer of firearms under section 624.7175 shall return the transferring firearms to the
respondent upon request after the expiration of the order, provided the respondent is not
otherwise prohibited from possessing firearms under state or federal law. A federally licensed
firearms dealer returning firearms shall comply with state and federal law as though
transferring a firearm from the dealer's own inventory.
new text end

Sec. 8.

new text begin [624.7177] OFFENSES.
new text end

new text begin Subdivision 1. new text end

new text begin False information or harassment. new text end

new text begin A person who petitions for an extreme
risk protection order under section 624.7172 or 624.7174, knowing any information in the
petition to be materially false or with the intent to harass, abuse, or threaten, is guilty of a
misdemeanor.
new text end

new text begin Subd. 2. new text end

new text begin Violation of order. new text end

new text begin A person who possesses a firearm and knows or should
have known that the person is prohibited from doing so by an extreme risk protection order
under section 624.7172 or 624.7174, or by an order of protection granted by a judge or
referee pursuant to a substantially similar law of another state, is guilty of a misdemeanor
and shall be prohibited from possessing firearms for a period of five years. Each extreme
risk protection order granted under this chapter must contain a conspicuous notice to the
respondent regarding the penalty for violation of the order.
new text end

Sec. 9.

new text begin [624.7178] LIABILITY PROTECTION.
new text end

new text begin Subdivision 1. new text end

new text begin Liability protection for petition. new text end

new text begin A chief law enforcement officer, or a
designee who, in good faith, decides not to petition for an extreme risk protection order or
emergency extreme risk protection order shall be immune from criminal or civil liability.
new text end

new text begin Subd. 2. new text end

new text begin Liability protection for storage of firearms. new text end

new text begin A law enforcement agency shall
be immune from civil or criminal liability for any damage or deterioration of firearms,
ammunition, or weapons stored or transported pursuant to section 624.7175. This subdivision
shall not apply if the damage or deterioration occurred as a result of recklessness, gross
negligence, or intentional misconduct by the law enforcement agency.
new text end

Sec. 10. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 9 are effective January 1, 2020, and apply to firearm permit background
checks made on or after that date.
new text end