SF 803

3rd Engrossment - 90th Legislature (2017 - 2018) Posted on 05/15/2017 04:54pm

A bill for an act
relating to public safety; appropriating money for public safety, courts, corrections,
Guardian Ad Litem Board, Uniform Laws Commission, Board on Judicial
Standards, Board of Public Defense, Sentencing Guidelines, Peace Officer
Standards and Training (POST) Board, Private Detective Board, and Human Rights;
lowering certain court-related fees; amending Minnesota Statutes 2016, sections
13.69, subdivision 1; 271.21, subdivision 2; 357.021, subdivision 2; 609.748,
subdivision 3a.

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

ARTICLE 1

APPROPRIATIONS

Section 1. APPROPRIATIONS.

The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2018" and "2019" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2018, or June 30, 2019, respectively.
"The first year" is fiscal year 2018. "The second year" is fiscal year 2019. "The biennium"
is fiscal years 2018 and 2019. Appropriations for the fiscal year ending June 30, 2017, are
effective the day following final enactment.

			APPROPRIATIONS
			Available for the Year
			Ending June 30
		2017		2018		2019

Sec. 2. SUPREME COURT

Subdivision 1. Total Appropriation

$

48,855,000

$

49,269,000

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

Subd. 2. Supreme Court Operations

35,385,000

35,799,000

Contingent Account. $5,000 each year is for
a contingent account for expenses necessary
for the normal operation of the court for which
no other reimbursement is provided.

Subd. 3. Civil Legal Services

13,470,000

13,470,000

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

Sec. 3. COURT OF APPEALS

$

12,082,000

$

12,163,000

Sec. 4. DISTRICT COURTS

$

283,395,000

$

285,974,000

(a) New Trial Judges

$884,000 the first year and $818,000 the
second year are for two new trial court judge
units.

(b) Mandated Services

$503,000 the first year and $504,000 the
second year are for mandated court services.

Sec. 5. GUARDIAN AD LITEM BOARD

$

15,547,000

$

15,675,000

Sec. 6. TAX COURT

$

1,397,000

$

1,401,000

Sec. 7. UNIFORM LAWS COMMISSION

$

93,000

$

93,000

Sec. 8. BOARD ON JUDICIAL STANDARDS

$

486,000

$

486,000

Major Disciplinary Actions. $125,000 each
year is for special investigative and hearing
costs for major disciplinary actions undertaken
by the board. This appropriation does not
cancel. Any unencumbered and unspent
balances remain available for these
expenditures until June 30, 2021.

Sec. 9. BOARD OF PUBLIC DEFENSE

$

84,083,000

$

84,853,000

Sec. 10. SENTENCING GUIDELINES

$

647,000

$

651,000

Sec. 11. PUBLIC SAFETY

Subdivision 1. Total Appropriation

$

188,267,000

$

188,453,000

Appropriations by Fund
	2018	2019
General	95,898,000	96,011,000
Special Revenue	12,733,000	12,779,000
State Government Special Revenue	103,000	103,000
Environmental	73,000	73,000
Trunk Highway	2,341,000	2,356,000
911 Fund	77,119,000	77,131,000

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

Subd. 2. Emergency Management

3,559,000

3,423,000

Appropriations by Fund
General	2,636,000	2,500,000
Environmental	73,000	73,000
Special Revenue Fund	850,000	850,000

(a) Hazmat and Chemical Assessment
Teams

$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.

(b) Bomb Squad Reimbursement

$80,000 each year from the general fund is to
reimburse local governments for bomb squad
services.

(c) Supplemental Nonprofit Security Grants

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

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.

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.

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.

Subd. 3. Criminal Apprehension

54,499,000

54,735,000

Appropriations by Fund
General	52,151,000	53,372,000
State Government Special Revenue	7,000	7,000
Trunk Highway	2,341,000	2,356,000

(a) DWI Lab Analysis; Trunk Highway
Fund

Notwithstanding Minnesota Statutes, section
161.20, subdivision 3, $2,341,000 the first
year and $2,356,000 the second year are from
the trunk highway fund for laboratory analysis
related to driving-while-impaired cases.

(b) BCA Investment Initiative

(1) $280,000 each year from the general fund
is for additional agents to assist in complex
narcotic and homicide investigations;

(2) $125,000 each year from the general fund
is for a firearm forensic scientist; and

(3) $150,000 each year from the general fund
is for a drug chemistry forensic scientist.

Subd. 4. Fire Marshal

6,123,000

6,167,000

Appropriations by Fund
Special Revenue	6,123,000	6,167,000

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.

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

Subd. 5. Firefighter Training and Education Board

5,013,000

5,013,000

Appropriations by Fund
Special Revenue	5,013,000	5,013,000

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.

(a) Firefighter Training and Education

$1,350,000 each year is for increased
firefighter training and education.

(b) Air Rescue

$60,000 each year is for the Minnesota Air
Rescue Team.

(c) Unappropriated Revenue

Any additional unappropriated money
collected in fiscal year 2017 is appropriated
to the commissioner of public safety for the
purposes of Minnesota Statutes, section
299F.012. The commissioner may transfer
appropriations and base amounts between
activities in this subdivision.

Subd. 6. Alcohol and Gambling Enforcement

2,416,000

2,431,000

Appropriations by Fund
General	1,669,000	1,682,000
Special Revenue	747,000	749,000

$677,000 the first year and $679,000 the
second year are from the alcohol enforcement
account in the special revenue fund. Of this
appropriation, $500,000 each year shall be
transferred to the general fund.

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

Subd. 7. Office of Justice Programs

39,538,000

39,553,000

Appropriations by Fund
General	39,442,000	39,457,000
State Government Special Revenue	96,000	96,000

(a) OJP Administration Costs

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

(b) VCETs

$500,000 each year from the general fund is
for additional grants for statewide Violent
Crime Enforcement Teams.

Subd. 8. Emergency Communication Networks

77,119,000

77,131,000

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

(a) Public Safety Answering Points

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

(b) Medical Resource Communication Centers

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

(c) ARMER Debt Service

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

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

(d) ARMER State Backbone Operating
Costs

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

(e) ARMER Improvements

$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.

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

Subdivision 1. Total Appropriation

$

4,394,000

$

4,398,000

Appropriations by Fund
	2018	2019
General	360,000	360,000
Special Revenue	4,034,000	4,038,000

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

Subd. 2. Excess Amounts Transferred

The special revenue fund appropriation is from
the peace officer training account. Any new
receipts credited to that account in the first
year in excess of $4,034,000 must be
transferred and credited to the general fund.
Any new receipts credited to that account in
the second year in excess of $4,038,000 must
be transferred and credited to the general fund.

Subd. 3. Peace Officer Training Reimbursements

(a) $2,859,000 each year from the peace
officer training account in the special revenue
fund is for reimbursements to local
governments for peace officer training costs.

(b) $360,000 each year from the general fund
is for reimbursements to local governments
for peace officer training costs.

Sec. 13. PRIVATE DETECTIVE BOARD

$

190,000

$

190,000

Sec. 14. HUMAN RIGHTS

$

4,197,000

$

4,212,000

Sec. 15. CORRECTIONS

Subdivision 1. Total Appropriation

$

9,200,000

$

567,583,000

$

558,422,000

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

Subd. 2. Correctional Institutions

9,200,000

412,449,000

403,088,000

Offender Health Care. $9,200,000 in fiscal
year 2017 is to fund a deficiency in the base
budget for the offender health care contract.

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

Subd. 3. Community Services

127,911,000

128,053,000

(a) Community Corrections Act

$2,100,000 each year is added to the
Community Corrections Act subsidy, as
described in Minnesota Statutes, section
401.14.

(b) County Probation Officer
Reimbursement

$230,000 each year is added to the county
probation officers reimbursement, as described
in Minnesota Statutes, section 244.19,
subdivision 6.

(c) DOC Supervision Services

$696,000 the first year and $697,000 the
second year are for Department of Corrections
probation and supervised release agents.

Subd. 4. Operations Support

27,223,000

27,281,000

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

ARTICLE 2

FISCAL-RELATED STATUTORY CHANGES

Section 1.

Minnesota Statutes 2016, section 13.69, subdivision 1, is amended to read:

Subdivision 1.

Classifications.

(a) The following government data of the Department
of Public Safety are private data:

(1) medical data on driving instructors, licensed drivers, and applicants for parking
certificates and special license plates issued to physically disabled persons;

(2) other data on holders of a disability certificate under section 169.345, except that (i)
data that are not medical data may be released to law enforcement agencies, and (ii) data
necessary for enforcement of sections 169.345 and 169.346 may be released to parking
enforcement employees or parking enforcement agents of statutory or home rule charter
cities and towns;

(3) Social Security numbers in driver's license and motor vehicle registration records,
except that Social Security numbers must be provided to the Department of Revenue for
purposes of tax administration, the Department of Labor and Industry for purposes of
workers' compensation administration and enforcement, the judicial branch for purposes of
debt collection, and the Department of Natural Resources for purposes of license application
administration; and

(4) data on persons listed as standby or temporary custodians under section 171.07,
subdivision 11, except that the data must be released to:

(i) law enforcement agencies for the purpose of verifying that an individual is a designated
caregiver; or

(ii) law enforcement agencies who state that the license holder is unable to communicate
at that time and that the information is necessary for notifying the designated caregiver of
the need to care for a child of the license holder.

The department may release the Social Security number only as provided in clause (3)
and must not sell or otherwise provide individual Social Security numbers or lists of Social
Security numbers for any other purpose.

(b) The following government data of the Department of Public Safety are confidential
data: data concerning an individual's driving ability when that data is received from a member
of the individual's family.

Sec. 2.

Minnesota Statutes 2016, section 271.21, subdivision 2, is amended to read:

Subd. 2.

Jurisdiction.

At the election of the taxpayer, the Small Claims Division shall
have jurisdiction only in the following matters:

(a) cases involving valuation, assessment, or taxation of real or personal property, if:

(i) the issue is a denial of a current year application for the homestead classification for
the taxpayer's property;

(ii) only one parcel is included in the petition, the entire parcel is classified as homestead
class 1a or 1b under section 273.13, and the parcel contains no more than one dwelling unit;

(iii) the entire property is classified as agricultural homestead class 2a or 1b under section
273.13; or

(iv) the assessor's estimated market value of the property included in the petition is less
than $300,000; or

(b) any case not involving valuation, assessment, or taxation of real and personal property
in which the amount in controversy does not exceed $5,000 $15,000, including penalty and
interest.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 3.

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

Subd. 2.

Fee amounts.

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

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

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

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

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

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

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

(4) Filing a motion or response to a motion in civil, family, excluding child support, and
guardianship cases, $100.

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

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

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

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

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

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

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

(12) For recording notary commission, $20.

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

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

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

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

EFFECTIVE DATE.

This section is effective July 1, 2017.

Sec. 4.

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

Subd. 3a.

Filing fee; cost of service.

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

EFFECTIVE DATE.

This section is effective July 1, 2017.