STATE OF
MINNESOTA
EIGHTY-NINTH
SESSION - 2015
_____________________
FORTY-NINTH
DAY
Saint Paul, Minnesota, Tuesday, April 28, 2015
The House of Representatives convened at 10:00
a.m. and was called to order by Kurt Daudt, Speaker of the House.
Prayer was offered by Carol M. Connolly,
Saint Paul Poet Laureate, Saint Paul, Minnesota.
The members of the House gave the pledge
of allegiance to the flag of the United States of America.
The roll was called and the following
members were present:
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Applebaum
Atkins
Backer
Baker
Barrett
Bennett
Bernardy
Bly
Carlson
Christensen
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Drazkowski
Erhardt
Erickson
Fabian
Fenton
Fischer
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Knoblach
Koznick
Kresha
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamara
Melin
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Peppin
Persell
Petersburg
Peterson
Pierson
Pinto
Poppe
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sanders
Schoen
Schomacker
Schultz
Scott
Selcer
Simonson
Slocum
Smith
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Ward
Whelan
Wills
Winkler
Yarusso
Youakim
Zerwas
Spk. Daudt
A quorum was present.
Dill was excused until 2:00 p.m.
The Chief Clerk proceeded to read the
Journal of the preceding day. There
being no objection, further reading of the Journal was dispensed with and the
Journal was approved as corrected by the Chief Clerk.
MESSAGES
FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker:
I hereby announce the Senate refuses to concur in the House amendments to the following Senate File:
S. F. No. 888, A bill for an act relating to the operation of state government; appropriating money for the legislature, governor's office, state auditor, attorney general, secretary of state, certain agencies, boards, councils, retirement funds, military affairs and veterans affairs, and senate building; cancellation of certain appropriations; transferring money to the budget reserve; allowing prepay for certain software and information technology hosting services; limiting a fee or fine increase to ten percent in a biennium; providing reimbursement for reasonable accommodation; modifying grant agreement provisions; making changes to guaranteed energy-savings program, small business requirements, and targeted group businesses; changing certain requirements for the practice of cosmetology; assessing certain costs for Office of Administrative Hearings; changing a rehabilitation or renovation grant from the Minnesota Amateur Sports Commission; changing or establishing certain fees; limiting fire sprinkler requirement in certain dwellings; modifying certain filing requirements for corporations; modifying provisions for accountants; requiring a licensee of the residential trades to give an option to install fire sprinklers; modifying debt service provision for the legislative parking garage; requiring the same room numbers on signage in the Capitol to identify legacy rooms; providing in-lieu of rent evaluation; prohibiting state funds, tax expenditures, or state indebtedness to fund a major league soccer stadium; making changes to provisions for military and veterans affairs; changing provisions covering pari-mutuel horse racing; modifying provisions for cigarette and tobacco license; providing civil penalties; requiring reports; amending Minnesota Statutes 2014, sections 3.8843, subdivision 5; 16A.065; 16A.1283; 16B.97, subdivision 1; 16B.98, subdivisions 1, 11; 16C.144; 16C.16, subdivision 2, by adding a subdivision; 16C.19; 155A.21; 155A.23, subdivision 8, by adding subdivisions; 155A.24, subdivision 2; 155A.25, subdivisions 1a, 5, by adding subdivisions; 155A.27, subdivisions 1, 2, 5a; 155A.271; 155A.29, subdivisions 1, 2, by adding a subdivision; 155A.30, subdivisions 5, 10; 161.1419, subdivision 8; 190.16, by adding a subdivision; 190.19, subdivisions 2a, 3; 192.26, by adding a subdivision; 192.38, subdivision 1; 192.501, by adding a subdivision; 197.133; 198.03, subdivisions 2, 3; 211B.37; 240.01, subdivision 22, by adding subdivisions; 240.011; 240.03; 240.08, subdivisions 2, 4, 5; 240.10; 240.13, subdivisions 5, 6; 240.135; 240.15, subdivisions 1, 6; 240.16, subdivision 1; 240.22; 240.23; 240A.09; 270C.722, subdivision 1; 270C.728, by adding a subdivision; 272.484; 297F.01, subdivision 14; 297F.03, subdivisions 5, 6; 297F.04, subdivision 1; 297F.13, subdivision 4; 297F.19, by adding a subdivision; 297F.20, by adding subdivisions; 297F.21, subdivision 1; 299F.011, by adding a subdivision; 303.19; 304A.301, subdivisions 1, 5, 6, by adding a subdivision; 326A.01, subdivisions 2, 12, 13a, 15, 16; 326A.02, subdivisions 3, 5; 326A.05, subdivisions 1, 3; 326A.08, subdivision 7; 326A.10; 326B.809; 336A.09, subdivision 1; 364.09; 461.12, subdivision 8; Laws 2013, chapter 142, article 1, section 10; Laws 2014, chapter 287, section 25; proposing coding for new law in Minnesota Statutes, chapters 3; 16B; 297F; repealing Minnesota Statutes 2014, sections 155A.23, subdivision 6; 197.131; 197.132; 240.01, subdivisions 12, 23; 297F.185.
The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:
Senators Saxhaug, Pappas, Carlson, Wiklund and Metzen.
Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.
JoAnne M. Zoff, Secretary of the Senate
Anderson, S., moved that the House
accede to the request of the Senate and that the Speaker appoint a Conference
Committee of 5 members of the House to meet with a like committee appointed by
the Senate on the disagreeing votes of the two houses on
S. F. No. 888. The motion
prevailed.
Mr. Speaker:
I hereby announce the passage by the Senate of the following Senate File, herewith transmitted:
S. F. No. 1647.
JoAnne M. Zoff, Secretary of the Senate
FIRST READING OF SENATE BILLS
S. F. No. 1647, A bill for an act relating to transportation; amending various provisions related to transportation and public safety policies, including data practices and storage; motor carriers; traffic regulation modifications; parking signs; advertising devices; permits and licenses; vehicle equipment; mini truck operation; railroad liability, powers, and crossing by utilities; rail event response preparedness; minimum train crew size; drive away in-transit licenses; road design; engine compression regulation by city of St. Paul; turnbacks; bikeways; subcontracting goals; reporting requirements and alternative damages appraisal for transportation projects; amending Minnesota Statutes 2014, sections 13.69, subdivision 1; 13.72, by adding a subdivision; 160.18, by adding a subdivision; 160.20, subdivision 4; 160.232; 160.266, subdivisions 2, 3, by adding subdivisions; 161.088, subdivisions 3, 4, 5; 161.321, subdivisions 2a, 2c, 4; 161.368; 168.33, subdivision 2; 169.06, subdivision 4a; 169.18, subdivision 12; 169.475, subdivision 1; 169.49; 169.782, subdivisions 1, 2, 4; 169.791, subdivisions 1, 2; 169.81, by adding a subdivision; 171.02, by adding a subdivision; 171.06, subdivision 3; 171.061, subdivision 3; 171.07, subdivision 1b; 173.02, by adding a subdivision; 173.15; 174.03, subdivisions 10, 11; 174.12, subdivision 5; 174.40, by adding a subdivision; 174.52, subdivisions 4a, 5; 219.76; 219.761; 221.031, by adding a subdivision; 221.605, by adding a subdivision; 299D.085, subdivision 2; 473.146, subdivision 4; Laws 2009, chapter 158, section 10, as amended; Laws 2014, chapter 312, article 10, section 11, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 161; 219; 237; 383B; 473.
The bill was read for the first time.
Kelly moved that S. F. No. 1647 and H. F. No. 1733, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
Peppin moved that the House recess subject
to the call of the Chair. The motion
prevailed.
RECESS
RECONVENED
The House reconvened and was called to
order by the Speaker.
Isaacson was excused between the
hours of 1:15 p.m. and 5:15 p.m.
CALENDAR FOR THE
DAY
S. F. No. 1238 was reported
to the House.
Theis moved to amend S. F. No. 1238, the first engrossment, as follows:
Page 22, after line 20, insert:
"Sec. 11. SPECIAL
LICENSE; ST. CLOUD.
Notwithstanding any law or ordinance to
the contrary, the city of St. Cloud may issue an on-sale intoxicating
liquor license for the Municipal Athletic Complex that is located at 5001
Veterans Drive and is owned by the city.
The provisions of Minnesota Statutes, chapter 340A, not inconsistent
with this section, apply to the license issued under this section. The city of St. Cloud is deemed the
licensee under this section, and the provisions of Minnesota Statutes, sections
340A.603 and 340A.604, apply to the license as if the establishment were a
municipal liquor store.
EFFECTIVE DATE. This section is effective upon approval by the St. Cloud City Council and compliance with Minnesota Statutes, section 645.021."
Renumber the sections in sequence and correct the internal references
Hortman moved to amend the Theis amendment to S. F. No. 1238, the first engrossment, as follows:
Page 1, after line 12, insert:
"Page 22, after line 20, insert:
"Sec. 12. SPECIAL
LICENSE; BROOKLYN PARK.
Notwithstanding any law or ordinance to
the contrary, the city of Brooklyn Park may issue an on-sale intoxicating liquor
license to a wedding event center that is located at 7324 Lakeland Avenue. The provisions of Minnesota Statutes, chapter
340A, not inconsistent with this section, apply to the license issued under
this section.
EFFECTIVE DATE. This section is effective upon approval by the Brooklyn Park City Council and compliance with Minnesota Statutes, section 645.021.""
The
motion prevailed and the amendment to the amendment was adopted.
Atkins, Hoppe, Sanders and Theis moved to amend the Theis amendment, as amended, to S. F. No. 1238, the first engrossment, as follows:
Page 1, after line 12, insert:
"Sec. 12. POWDERED
ALCOHOL POLICY STUDY.
(a) No person shall manufacture, import,
distribute, or sell powdered alcohol until June 1, 2016.
(b)
The director of the Division of Alcohol and Gambling Enforcement must prepare
testimony for the commerce and regulatory reform committee, and any other
relevant committee, about whether current laws could be adequately enforced
with regard to the manufacture, importation, distribution, and sale of powdered
alcohol. The director may make
recommendations for legislation addressing any stated concerns. The testimony required under this paragraph
is due by December 7, 2015.
(c) The commissioner of health must prepare
testimony for the Health and Human Services Reform Committee, and any other
relevant committee, about the public health impact of powdered alcohol. The commissioner must address whether there
is a potential for greater abuse of and addiction to powdered alcohol relative
to malt liquor, wine, and distilled spirits.
The commissioner may make recommendations for legislation addressing any
stated concerns. The testimony required
under this paragraph is due by December 7, 2015.
EFFECTIVE DATE. This section is effective the day following final enactment."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment to the amendment was adopted.
The question recurred on the adoption of
the Theis amendment, as amended, to S. F. No. 1238, the first
engrossment. The motion prevailed and
the amendment, as amended, was adopted.
Loon moved to amend S. F. No. 1238, the first engrossment, as amended, as follows:
Page 17, after line 12, insert:
"Sec. 4. [340A.35]
SUNDAY DELIVERY RESTRICTION.
(a) A wholesaler licensed under section
340A.301 may not deliver or cause to be delivered alcoholic beverages to any
off-sale retail licensee on a Sunday.
(b) No off-sale licensee may accept
delivery of alcoholic beverages on a Sunday.
EFFECTIVE DATE. This section is effective the day following final enactment."
Page 21, after line 23, insert:
"Sec. 9. Minnesota Statutes 2014, section 340A.504, subdivision 4, is amended to read:
Subd. 4. Intoxicating liquor; off-sale. (a) No sale of intoxicating liquor may be made by an off-sale licensee:
(1) on Sundays;
(2) before 8:00 a.m. or after 10:00 p.m. on Monday through Saturday;
(3) on Thanksgiving Day;
(4) on Christmas Day, December 25; or
(5) after 8:00 p.m. on Christmas Eve, December 24.
(b) Notwithstanding paragraph (a), a
municipality may authorize off-sale licensees or a municipal liquor store under
its jurisdiction to make off-sales of intoxicating liquor on any day, provided
that no sale may be made before 8:00 a.m. or after 10:00 p.m.
EFFECTIVE DATE. This section is effective the day following final enactment."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
Erhardt offered an amendment to the Loon amendment to S. F. No. 1238, the first engrossment, as amended.
POINT OF ORDER
Hoppe raised a point of order pursuant to rule 3.21 that the Erhardt amendment to the Loon amendment was not in order. The Speaker ruled the point of order well taken and the Erhardt amendment to the Loon amendment out of order.
Erhardt appealed the decision of the Speaker.
A roll call was requested and properly seconded.
The vote was taken on the question "Shall the decision of the Speaker stand as the judgment of the House?" and the roll was called. There were 113 yeas and 17 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Applebaum
Atkins
Backer
Baker
Barrett
Bennett
Bly
Carlson
Christensen
Clark
Considine
Cornish
Daniels
Davids
Dean, M.
Dettmer
Drazkowski
Erickson
Fabian
Fenton
Fischer
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hortman
Howe
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Knoblach
Koznick
Kresha
Laine
Lenczewski
Liebling
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Marquart
McDonald
McNamara
Melin
Metsa
Miller
Moran
Mullery
Murphy, E.
Nash
Newberger
Newton
Nornes
O'Driscoll
O'Neill
Pelowski
Peppin
Persell
Petersburg
Peterson
Pierson
Poppe
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sanders
Schomacker
Schultz
Scott
Selcer
Simonson
Smith
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Ward
Whelan
Wills
Winkler
Yarusso
Youakim
Zerwas
Spk. Daudt
Those who voted in the negative were:
Anzelc
Bernardy
Davnie
Dehn, R.
Erhardt
Hornstein
Lesch
Lien
Mariani
Masin
Murphy, M.
Nelson
Norton
Pinto
Schoen
Slocum
Sundin
So it was the judgment of the House that the decision of the Speaker should stand.
Hansen offered an amendment to the Loon amendment to S. F. No. 1238, the first engrossment, as amended.
POINT OF ORDER
Kresha raised a point of order pursuant to rule 3.21(b) that the Hansen amendment to the Loon amendment was not in order. The Speaker ruled the point of order well taken and the Hansen amendment to the Loon amendment out of order.
The question recurred on the Loon amendment and the roll was called. There were 57 yeas and 75 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, M.
Anderson, S.
Carlson
Christensen
Daniels
Dettmer
Drazkowski
Fenton
Franson
Freiberg
Garofalo
Hamilton
Hancock
Hausman
Hertaus
Hornstein
Johnson, C.
Kahn
Kelly
Kiel
Koznick
Kresha
Liebling
Lien
Loeffler
Loon
Loonan
Lucero
Mack
McDonald
McNamara
Miller
Nash
Newberger
Nornes
Norton
O'Neill
Peppin
Petersburg
Peterson
Pierson
Pugh
Rosenthal
Runbeck
Sanders
Scott
Selcer
Smith
Uglem
Vogel
Whelan
Wills
Yarusso
Zerwas
Spk. Daudt
Those who voted in the negative were:
Anderson, P.
Anzelc
Applebaum
Atkins
Backer
Baker
Barrett
Bennett
Bernardy
Bly
Clark
Considine
Cornish
Davids
Davnie
Dean, M.
Dehn, R.
Dill
Erhardt
Erickson
Fabian
Fischer
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hansen
Heintzeman
Hilstrom
Hoppe
Hortman
Johnson, B.
Johnson, S.
Knoblach
Laine
Lenczewski
Lesch
Lillie
Lohmer
Lueck
Mahoney
Mariani
Marquart
Masin
Melin
Metsa
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
O'Driscoll
Pelowski
Persell
Pinto
Poppe
Quam
Rarick
Schoen
Schomacker
Schultz
Simonson
Slocum
Sundin
Swedzinski
Theis
Thissen
Torkelson
Urdahl
Wagenius
Ward
Winkler
Youakim
The motion did not prevail and the amendment was not adopted.
Kahn, Metsa, Lesch, Hoppe, Simonson, Hamilton, Erhardt, Nash and McDonald moved to amend S. F. No. 1238, the first engrossment, as amended, as follows:
Page 20, after line 33, insert:
"Sec. 7. [340A.5035]
PERSONS UNDER 21; SPECIAL EXEMPTION.
Notwithstanding the provisions of sections 340A.503, 340A.701, and 340A.702, or any other provision of law, persons less than 21 years of age who are accompanied by a parent, legal guardian, or spouse of legal drinking age, may purchase, possess, and consume alcohol within the premises of the holder of an on-sale intoxicating liquor license or a holder of an on-sale 3.2 malt liquor license. No penalties shall be applied to consumption of alcohol allowed in this section. All other provisions of this chapter and all penalties for other illegal behaviors noted within this chapter apply to behavior allowed under this section."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The motion did not prevail and the amendment was not adopted.
Kahn, Lillie, Metsa, Lesch, Drazkowski, Nash, Clark and Schultz moved to amend S. F. No. 1238, the first engrossment, as amended, as follows:
Page 20, after line 33, insert:
"Sec. 7. [340A.5035]
PERSONS AGES 18 TO 20; SPECIAL EXEMPTION.
Notwithstanding the provisions of
sections 340A.503, 340A.701, and 340A.702, or any other provision of law,
persons at least 18 years of age and less than 21 years of age may consume
alcohol within the premises of the holder of an on-sale intoxicating liquor
license or a holder of an on-sale 3.2 malt liquor license. No penalties shall be applied to consumption
of alcohol allowed in this section. All
other provisions of this chapter and all penalties for other illegal behaviors
noted within this chapter apply to behavior allowed under this section.
EFFECTIVE DATE. This section is effective at 8:00 a.m. on August 1, 2015, and applies to all persons at least 18 years of age and less than 21 years of age on or after that date."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Kahn et al amendment and the roll was called. There were 19 yeas and 113 nays as follows:
Those who voted in the affirmative were:
Allen
Bly
Christensen
Clark
Drazkowski
Hansen
Hertaus
Kahn
Lesch
Liebling
Lillie
Mariani
Metsa
O'Neill
Pugh
Rarick
Runbeck
Swedzinski
Spk. Daudt
Those who voted in the negative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Applebaum
Atkins
Backer
Baker
Barrett
Bennett
Bernardy
Carlson
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Erhardt
Erickson
Fabian
Fischer
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Hausman
Heintzeman
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Johnson, B.
Johnson, C.
Johnson, S.
Kelly
Kiel
Knoblach
Koznick
Kresha
Laine
Lenczewski
Lien
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Marquart
Masin
McDonald
McNamara
Melin
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
Pelowski
Peppin
Persell
Petersburg
Peterson
Pierson
Pinto
Poppe
Quam
Rosenthal
Sanders
Schoen
Schomacker
Schultz
Scott
Selcer
Simonson
Slocum
Smith
Sundin
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Ward
Whelan
Wills
Winkler
Yarusso
Youakim
Zerwas
The motion did not prevail and the amendment was not adopted.
Drazkowski moved to amend S. F. No. 1238, the first engrossment, as amended, as follows:
Page 21, after line 23, insert:
"Sec. 8. Minnesota Statutes 2014, section 340A.504, subdivision 4, is amended to read:
Subd. 4. Intoxicating liquor; off-sale. Except as provided in subdivision 4a, no sale of intoxicating liquor may be made by an off-sale licensee:
(1) on Sundays;
(2) before 8:00 a.m. or after 10:00 p.m. on Monday through Saturday;
(3) on Thanksgiving Day;
(4) on Christmas Day, December 25; or
(5) after 8:00 p.m. on Christmas Eve, December 24.
Sec. 9. Minnesota Statutes 2014, section 340A.504, is amended by adding a subdivision to read:
Subd. 4a. Sunday sales; local control. The governing body of a municipality may authorize within its jurisdiction, the sale of intoxicating liquor by an off-sale licensee between 8:00 a.m. and 10:00 p.m. on Sunday."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly seconded.
Drazkowski moved to amend the Drazkowski amendment to S. F. No. 1238, the first engrossment, as amended, as follows:
Page 1, line 15, delete "8:00 a.m. and 10:00 p.m." and insert "11:00 a.m. and 6:00 p.m."
The motion did not prevail and the amendment to the amendment was not adopted.
The question recurred on the Drazkowski amendment and the roll was called. There were 48 yeas and 84 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, M.
Anderson, S.
Christensen
Drazkowski
Fenton
Franson
Freiberg
Garofalo
Hancock
Hausman
Hertaus
Hornstein
Johnson, C.
Kahn
Kiel
Koznick
Liebling
Lien
Loeffler
Loon
Loonan
Lucero
McNamara
Miller
Nash
Newberger
Newton
Nornes
Norton
O'Neill
Peppin
Petersburg
Peterson
Pierson
Pugh
Runbeck
Sanders
Scott
Selcer
Smith
Vogel
Whelan
Wills
Yarusso
Zerwas
Spk. Daudt
Those who voted in the negative were:
Anderson, P.
Anzelc
Applebaum
Atkins
Backer
Baker
Barrett
Bennett
Bernardy
Bly
Carlson
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Erhardt
Erickson
Fabian
Fischer
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Heintzeman
Hilstrom
Hoppe
Hortman
Johnson, B.
Johnson, S.
Kelly
Knoblach
Kresha
Laine
Lenczewski
Lesch
Lillie
Lohmer
Lueck
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
Melin
Metsa
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
O'Driscoll
Pelowski
Persell
Pinto
Poppe
Quam
Rarick
Rosenthal
Schoen
Schomacker
Schultz
Simonson
Slocum
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Wagenius
Ward
Winkler
Youakim
The motion did not prevail and the amendment was not adopted.
S. F. No. 1238, A bill for an act relating to liquor; recodifying statutes related to certain licensees; regulating the sale and distribution of alcoholic beverages; authorizing various liquor licenses; amending Minnesota Statutes 2014, sections 340A.101, by adding a subdivision; 340A.22; 340A.301; 340A.404, subdivisions 2, 10; 340A.503, subdivision 6; 340A.504, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 340A.
The bill was read for the third time, as amended, and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called.
Pursuant to rule 2.05, Anderson, M., was excused from voting on the final passage of S. F. No. 1238, as amended.
There were 127 yeas and 4 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, P.
Anderson, S.
Anzelc
Atkins
Backer
Baker
Barrett
Bennett
Bernardy
Bly
Carlson
Christensen
Clark
Considine
Cornish
Daniels
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Drazkowski
Erhardt
Erickson
Fabian
Fenton
Fischer
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hancock
Hansen
Hausman
Heintzeman
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Johnson, B.
Johnson, C.
Johnson, S.
Kelly
Kiel
Knoblach
Koznick
Kresha
Laine
Lenczewski
Lesch
Lien
Lillie
Loeffler
Lohmer
Loon
Loonan
Lucero
Lueck
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamara
Melin
Metsa
Miller
Moran
Mullery
Murphy, E.
Murphy, M.
Nash
Nelson
Newberger
Newton
Nornes
O'Driscoll
O'Neill
Pelowski
Peppin
Persell
Petersburg
Peterson
Pierson
Pinto
Poppe
Pugh
Quam
Rarick
Rosenthal
Runbeck
Sanders
Schoen
Schomacker
Schultz
Scott
Selcer
Simonson
Slocum
Smith
Sundin
Swedzinski
Theis
Thissen
Torkelson
Uglem
Urdahl
Vogel
Wagenius
Ward
Whelan
Wills
Winkler
Yarusso
Youakim
Zerwas
Spk. Daudt
Those who voted in the negative were:
Applebaum
Kahn
Liebling
Norton
The bill was passed, as amended, and its title agreed to.
S. F. No. 878 was reported to the House.
Cornish moved to amend S. F. No. 878, the second engrossment, as follows:
Delete everything after the enacting clause and insert the following language of H. F. No. 849, the second engrossment:
"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 "2016" and
"2017" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2016, or June 30, 2017,
respectively. "The first year"
is fiscal year 2016. "The second
year" is fiscal year 2017. "The
biennium" is fiscal years 2016 and 2017.
Appropriations for the fiscal year ending June 30, 2015, are effective
the day following final enactment.
|
|
|
APPROPRIATIONS |
||
|
|
|
Available for the Year |
||
|
|
|
Ending June 30 |
||
|
|
|
2016 |
2017 |
|
Sec. 2. SUPREME
COURT |
|
|
|
|
Subdivision
1. Total Appropriation |
|
$45,826,000 |
|
$46,426,000 |
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Supreme
Court Operations |
|
33,060,000
|
|
33,660,000
|
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 |
|
12,766,000
|
|
12,766,000
|
Legal
Services to Low-Income Clients in Family Law Matters
$948,000 each year is to improve the
access of low-income clients to legal representation in family law matters. This appropriation must be distributed under
Minnesota Statutes, section 480.242, to the qualified legal services program
described in Minnesota Statutes, section 480.242, subdivision 2, paragraph (a). Any unencumbered balance remaining in the
first year does not cancel and is available in the second year.
Sec. 3. COURT
OF APPEALS |
|
$11,306,000 |
|
$11,547,000 |
Sec. 4. DISTRICT
COURTS |
|
$261,597,000 |
|
$267,129,000 |
$50,000 each year is to expand specialty
courts.
Sec. 5. GUARDIAN
AD LITEM BOARD |
|
$14,063,000 |
|
$14,411,000 |
Sec. 6. TAX
COURT |
|
$1,976,000 |
|
$1,753,000 |
This appropriation includes funds for
information technology project services and support subject to the provisions
of Minnesota Statutes, section 16E.0466.
Any ongoing information technology costs will be incorporated into the
service level agreement and will be paid to the Office of MN.IT Services by the
Tax Court under the rates and mechanism specified in that agreement.
The base appropriation for the Tax Court
shall be $1,288,000 in fiscal year 2018 and $1,288,000 in fiscal year 2019.
Sec. 7. UNIFORM
LAWS COMMISSION |
|
$88,000 |
|
$93,000 |
Sec. 8. BOARD
ON JUDICIAL STANDARDS |
|
$486,000 |
|
$486,000 |
Major
Disciplinary Actions
$125,000 each year is for special
investigative and hearing costs for major disciplinary actions undertaken by
the board. This appropriation does not
cancel. Any unencumbered and unspent
balances remain available for these expenditures in subsequent fiscal years.
Sec. 9. BOARD
OF PUBLIC DEFENSE |
|
$76,547,000 |
|
$80,499,000 |
Sec. 10. SENTENCING
GUIDELINES |
|
$595,000 |
|
$604,000 |
Sec. 11. PUBLIC
SAFETY |
|
|
|
|
Subdivision
1. Total Appropriation |
|
$191,963,000 |
|
$181,859,000 |
Appropriations
by Fund |
||
|
2016 |
2017 |
General |
94,636,000
|
87,502,000
|
Special Revenue |
17,791,000
|
14,772,000
|
State Government Special Revenue |
103,000
|
103,000
|
Environmental |
70,000
|
72,000
|
Trunk Highway |
2,295,000
|
2,325,000
|
911 Fund |
77,068,000
|
77,085,000
|
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Emergency
Management |
|
6,810,000
|
|
3,861,000
|
Appropriations
by Fund |
||
General |
5,331,000
|
2,480,000
|
Environmental |
70,000
|
72,000
|
Special Revenue Fund |
1,409,000
|
1,309,000
|
(a) Hazmat and Chemical Assessment Teams |
|
|
|
|
$1,409,000 the first year and $1,309,000
the second year are from the fire safety account in the special revenue fund. These amounts must be used to fund the
hazardous materials and chemical assessment teams.
(b) School Safety |
|
|
|
|
$405,000 the first year and $410,000 the
second year from the general fund are for the school safety center to provide
for school safety.
(c) Combating Terrorism Recruitment
$250,000 the first year is for the commissioner
to develop strategies and make efforts to combat the recruitment of Minnesota
residents by terrorist organizations such as ISIS and al-Shabaab. The commissioner must collaborate with
federal, state, and local agencies in developing the required strategies. The commissioner shall prepare a report that
explains in detail the strategies proposed and steps to implement the
strategies. The commissioner must submit
the report to the chairs and ranking minority members of the house and senate
committees with jurisdiction over public safety by February 1, 2016.
(d) Disaster Assistance Account
$2,500,000 in 2016 is for the disaster
assistance contingency account in Minnesota Statutes, section 12.221. These funds are available until spent.
Subd. 3. Criminal
Apprehension |
|
53,637,000
|
|
49,339,000
|
Notwithstanding Minnesota Statutes,
section 161.20, subdivision 3, $1,941,000 each year is from the trunk highway
fund for laboratory analysis related to driving-while-impaired cases.
(b) BCA Investment Initiative |
|
|
|
|
$2,223,000 the first year and $2,795,000
the second year are from the general fund for the Bureau of Criminal
Apprehension:
(1) for two permanent latent fingerprint
examiner positions;
(2) for one permanent mitochondrial DNA
analyst positions;
(3) to replace equipment and instruments
in the forensic laboratory;
(4) to purchase supplies for the forensic
laboratory;
(5) for five permanent positions to form a
digital forensics examination unit;
(6) for
three permanent positions to form a financial crimes unit; and
(7) for seven permanent positions to
increase the capabilities of the predatory crimes section.
(c) Livescan Replacement |
|
|
|
|
$650,000 each year is from the general
fund for the Bureau of Criminal Apprehension to replace electronic fingerprint
capture equipment in criminal justice agencies around the state. The equipment is to be used to automatically
submit the fingerprints to the bureau for identification of the person and
processing. For each of fiscal years
2018 and 2019, $650,000 is added to the base for livescan replacement.
(d) Report |
|
|
|
|
If the vehicle services special revenue
account accrues an unallocated balance in excess of 50 percent of the previous
fiscal year's expenditures, the commissioner of public safety shall submit a
report to the chairs and ranking minority members of the house of
representatives and senate committees with jurisdiction over transportation and
public safety policy and finance. The
report must contain specific policy and legislative recommendations for
reducing the fund balance and avoiding future excessive fund balances. The report is due within three months of the
fund balance exceeding the threshold established in this paragraph.
Subd. 4. Fire
Marshal |
|
15,668,000
|
|
12,722,000
|
Appropriations
by Fund |
||
General |
18,000
|
-0-
|
Special Revenue |
15,650,000
|
12,722,000
|
This appropriation is from the fire safety
account in the special revenue fund and is for activities under Minnesota
Statutes, section 299F.012. Of this
amount:
(1) $4,673,000 the first year and $3,270,000
the second year are for an increase to the Minnesota Board of Firefighter
Training. Of these amounts, $75,000 each
year is onetime spending;
(2) $2,200,000 the first year and
$1,200,000 the second year are for an increase to Minnesota Task Force 1; and
(3)
$190,000 each year is to fund the Minnesota Air Rescue Team.
Subd. 5. Alcohol
and Gambling Enforcement |
|
2,338,000
|
|
2,373,000
|
Appropriations
by Fund |
||
General |
1,606,000
|
1,632,000
|
Special Revenue |
732,000
|
741,000
|
$662,000 the first year and $671,000 the
second year are from the alcohol enforcement account in the special revenue
fund. Of this appropriation, $500,000
each year shall be transferred to the general fund.
$70,000 each year is appropriated from the
lawful gambling regulation account in the special revenue fund.
Subd. 6. Office
of Justice Programs |
|
36,442,000
|
|
36,479,000
|
Appropriations
by Fund |
||
General |
36,346,000
|
36,383,000
|
State Government Special Revenue |
96,000
|
96,000
|
(a) OJP Administration Costs |
|
|
|
|
Up to 2.5 percent of the grant funds
appropriated in this subdivision may be used by the commissioner to administer
the grant program.
(b)
Crime Victim Services |
|
|
|
|
$50,000 each year is for additional grants
to organizations awarded grants in fiscal years 2014 and 2015. These appropriations are available through
June 30, 2017.
(c) Child Advocacy Centers |
|
|
|
|
$50,000 each year is for grants to
existing child advocacy centers whose primary purposes are (1) to coordinate
the investigation, treatment, and management of abuse cases and (2) to provide
direct services to abuse victims.
(d) Prosecutor and Law Enforcement Training |
|
|
|
|
$100,000 each year is for a grant to the
Minnesota County Attorneys Association for prosecutor and law enforcement
training.
(e) Crime Victim Support |
|
|
|
|
$50,000 each year is for a grant to a
nonprofit organization dedicated to providing immediate and long-term emotional
support and practical help for the families and friends of individuals who have
died by suicide, overdose, accident, or homicide, including but not limited to
domestic violence.
(f) Sex Trafficking Investigations |
|
|
|
|
$250,000 each year is for grants to state
and local units of government for the following purposes:
(1) to support new or existing
multijurisdictional entities to investigate sex trafficking crimes; and
(2) to provide technical assistance,
including training and case consultation, to law enforcement agencies
statewide.
(g) Alternatives to Juvenile Detention |
|
|
|
|
$50,000 each year is for grants to
nonprofit organizations to conduct training, technical support, and peer
learning opportunities for counties interested in implementing juvenile
detention reform and addressing disparities in the juvenile justice system to
accomplish cost-effective interventions that leverage the strength of families
and communities. This funding is added
to the base.
Subd. 7. Emergency
Communication Networks |
|
77,068,000
|
|
77,085,000
|
This appropriation is from the state
government special revenue fund for 911 emergency telecommunications services.
(a)
Public Safety Answering Points |
|
|
|
|
$13,664,000 each year is to be distributed
as provided in Minnesota Statutes, section 403.113, subdivision 2.
This appropriation includes funds for
information technology project services and support subject to the provisions
of Minnesota Statutes, section 16E.0466.
Any ongoing information technology costs will be incorporated into the
service level agreement and will be paid to the Office of MN.IT Services by the
Department of Public Safety under the rates and mechanism specified in that
agreement.
(b) Medical Resource Communication Centers |
|
|
|
|
$683,000 each year is for grants to the
Minnesota Emergency Medical Services Regulatory Board for the Metro East and
Metro West Medical Resource Communication Centers that were in operation before
January 1, 2000.
(c) ARMER Debt Service |
|
|
|
|
$22,261,000 each year is to the
commissioner of management and budget to pay debt service on revenue bonds issued
under Minnesota Statutes, section 403.275.
Any portion of this appropriation not
needed to pay debt service in a fiscal year may be used by the commissioner of
public safety to pay cash for any of the capital improvements for which bond
proceeds were appropriated by Laws 2005, chapter 136, article 1, section 9,
subdivision 8; or Laws 2007, chapter 54, article 1, section 10, subdivision 8.
(d) ARMER State Backbone Operating Costs
$9,650,000 each year is to the
commissioner of transportation for costs of maintaining and operating the first
and third phases of the statewide radio system backbone.
(e) ARMER Improvements
$1,000,000 each year is to the Statewide
Radio Board for costs of design, construction, and maintenance of, and
improvements to, those elements of the statewide public safety radio and
communication system that support mutual aid communications and emergency
medical services or provide interim enhancement of public safety communication
interoperability in those areas of the state where the statewide public safety
radio and communication system is not yet implemented.
Sec. 12. PEACE
OFFICER STANDARDS AND TRAINING |
$3,987,000 |
|
$4,004,000 |
(a) Excess Amounts Transferred
This appropriation is from the peace
officer training account in the special revenue fund. Any new receipts credited to that account in
the first year in excess of $3,887,000 must be transferred and credited to the
general fund. Any new receipts credited
to that account in the second year in excess of $3,904,000 must be transferred
and credited to the general fund.
(b) Peace Officer Training Reimbursements
$2,734,000 each year is for reimbursements
to local governments for peace officer training costs.
(c) De-escalation Training
$100,000 each year is for training state
and local community safety personnel in the use of crisis de-escalation
techniques.
Sec. 13. PRIVATE
DETECTIVE BOARD |
|
$122,000 |
|
$124,000 |
Sec. 14. CORRECTIONS
|
|
|
|
|
Subdivision
1. Total Appropriation |
|
$526,638,000 |
|
$537,845,000 |
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Correctional
Institutions |
|
381,152,000
|
|
390,892,000
|
(a) Informational Technology
This appropriation includes funds for
information technology project services and support subject to the provisions
of Minnesota Statutes, section 16E.0466.
Any ongoing information technology costs will be incorporated into the
service level agreement and will be paid to the Office of MN.IT Services by the
Department of Corrections under the rates and mechanism specified in that
agreement.
(b) Fugitive Apprehension Unit
$541,000 in fiscal year 2016 and $670,000
in fiscal year 2017 are to increase the number of full-time equivalent
positions in the department's fugitive apprehension unit. The base for this item is $642,000 in each of
fiscal years 2018 and 2019.
Subd. 3. Community
Services |
|
120,674,000
|
|
121,688,000
|
(a) Intensive Supervised Release Agents
$1,000,000 each year is to increase the number
of supervision agents for offenders on intensive supervised release as
described in Minnesota Statutes, section 244.13, subdivision 2.
(b) Challenge Incarceration
$250,000 each year is to increase the
number of supervision agents for offenders participating in the department's
challenge incarceration program as described in Minnesota Statutes, section
244.172, subdivisions 2 and 3.
(c) Community Corrections Act
$1,550,000 each year is added to the
Community Corrections Act subsidy, as described in Minnesota Statutes, section
401.14.
(d) County Probation Officer Reimbursements
$200,000 each year is added to the county
probation officers reimbursement, as described in Minnesota Statutes, section
244.19, subdivision 6.
(e) Scott County Correctional Services
$85,000 each year is for a probation
caseload and workload reduction grant to Scott County to provide correctional
services.
Subd. 4. Operations
Support |
|
24,812,000
|
|
25,265,000
|
$500,000 each year is to support
technology needs.
This appropriation includes funds for
information technology project services and support subject to the provisions
of Minnesota Statutes, section 16E.0466.
Any ongoing information technology costs will be incorporated into the
service level agreement and will be paid to the Office of MN.IT Services by the
Department of Corrections under the rates and mechanism specified in that
agreement.
Sec. 15. TRANSFERS
|
|
|
|
|
$775,000 each year is transferred from the
MINNCOR fund to the general fund.
Sec. 16. Laws 2013, chapter 86, article 1, section 7, is amended to read:
Sec. 7. TAX
COURT |
|
$1,023,000 |
|
$1,035,000 |
(a) Additional
Resources
$161,000 each year is for two law clerks,
continuing legal education costs, and Westlaw costs operating expenses. Any amount not expended in the first year
does not cancel and is available in the second year.
(b) Case
Management System
$25,000 each year is for the implementation and maintenance of a modern case management system.
EFFECTIVE
DATE. This section is effective
retroactively from July 1, 2013.
Sec. 17. Laws 2013, chapter 86, article 1, section 9, is amended to read:
Sec. 9. BOARD
ON JUDICIAL STANDARDS |
|
$756,000 |
|
$456,000 |
(a) Deficiencies
$300,000 the first year is for deficiencies occurring in fiscal year 2013. This appropriation is available for expenditure the day following final enactment.
(b) Major
Disciplinary Actions
$125,000 each year is for special
investigative and hearing costs for major disciplinary actions undertaken by
the board. This appropriation does not
cancel. Any encumbered unencumbered
and unspent balances remain available for these expenditures in subsequent
fiscal years.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
ARTICLE 2
COURTS
Section 1. Minnesota Statutes 2014, section 253B.08, subdivision 2a, is amended to read:
Subd. 2a. Place
of hearing. The hearing shall be
conducted in a manner consistent with orderly procedure. The hearing shall be held at a courtroom
meeting standards prescribed by local court rule which may be at a treatment
facility. The hearing may be
conducted by interactive video conference under General Rules of Practice, rule
131, and Minnesota Rules of Civil Commitment, rule 14.
Sec. 2. Minnesota Statutes 2014, section 253B.12, subdivision 2a, is amended to read:
Subd. 2a. Time and place for hearing. (a) Unless the proceedings are terminated under subdivision 1, paragraph (e), a review hearing must be held within 14 days after receipt by the committing court of the report required under subdivision 1, paragraph (c) or (d), and before the time the commitment expires. For good cause shown, the court may continue the hearing for up to an additional 14 days and extend any orders until the review hearing is held.
(b) The patient, the patient's
counsel, the petitioner, and other persons as the court directs must be given
at least five days' notice of the time and place of the hearing. The hearing may be conducted by
interactive video conference under General Rules of Practice, rule 131, and
Minnesota Rules of Civil Commitment, rule 14.
Sec. 3. Minnesota Statutes 2014, section 253D.28, subdivision 2, is amended to read:
Subd. 2. Procedure. (a) The Supreme Court shall refer a petition for rehearing and reconsideration to the chief judge of the judicial appeal panel. The chief judge shall notify the committed person, the county attorneys of the county of commitment and county of financial responsibility, the commissioner, the executive director, any interested person, and other persons the chief judge designates, of the time and place of the hearing on the petition. The notice shall be given at least 14 days prior to the date of the hearing. The hearing may be conducted by interactive video conference under General Rules of Practice, rule 131, and Minnesota Rules of Civil Commitment, rule 14.
(b) Any person may oppose the petition. The committed person, the committed person's counsel, the county attorneys of the committing county and county of financial responsibility, and the commissioner shall participate as parties to the proceeding pending before the judicial appeal panel and shall, no later than 20 days before the hearing on the petition, inform the judicial appeal panel and the opposing party in writing whether they support or oppose the petition and provide a summary of facts in support of their position.
(c) The judicial appeal panel may appoint examiners and may adjourn the hearing from time to time. It shall hear and receive all relevant testimony and evidence and make a record of all proceedings. The committed person, the committed person's counsel, and the county attorney of the committing county or the county of financial responsibility have the right to be present and may present and cross-examine all witnesses and offer a factual and legal basis in support of their positions.
(d) The petitioning party seeking discharge or provisional discharge bears the burden of going forward with the evidence, which means presenting a prima facie case with competent evidence to show that the person is entitled to the requested relief. If the petitioning party has met this burden, the party opposing discharge or provisional discharge bears the burden of proof by clear and convincing evidence that the discharge or provisional discharge should be denied.
(e) A party seeking transfer under section 253D.29 must establish by a preponderance of the evidence that the transfer is appropriate.
Sec. 4. Minnesota Statutes 2014, section 271.08, subdivision 1, is amended to read:
Subdivision 1. Written
order. The Tax Court, except in
Small Claims Division, shall determine every appeal by written order containing
findings of fact and the decision of the tax court. A memorandum of the grounds of the decision
shall be appended. Notice of the entry
of the order and of the substance of the decision shall be mailed to all
parties. A motion for rehearing, which
includes a motion for amended findings of fact, conclusions of law, or a new
trial, must be served by the moving party within 15 30 days after
mailing of the notice by the court as specified in this subdivision, and the
motion must be heard within 30 60 days thereafter, unless the
time for hearing is extended by the court within the 30-day 60-day
period for good cause shown.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 5. Minnesota Statutes 2014, 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. 6. Minnesota Statutes 2014, section 486.10, subdivision 2, is amended to read:
Subd. 2. Disclosure; court reporter requirements; objections. (a) The existence of a contract or an exclusive agreement with a court reporter or court reporting firm for court reporting services must be disclosed as provided by this paragraph. Written notice of a contract or agreement must be included in the notice of taking deposition or the notice of legal proceeding before commencement of a legal proceeding at which court reporting services are being provided. Oral disclosure of a contract or agreement must be made on the record by the court reporter at the commencement of the legal proceeding.
(b) A freelance court reporter or court reporting firm:
(1) shall treat all parties to an action equally, providing comparable services to all parties;
(2) shall charge the same rate for
copies of the same transcript to all parties according to Minnesota Rules of
Civil Procedure, rule 30.06;
(2) (3) may not act as an
advocate for any party or act partially to any party to an action; and
(3) (4) shall comply with all
state and federal court rules that govern the activities of court reporters.
(c) An attorney shall state the reason for the objection to the provision of court reporting services by a freelance court reporter or court reporting firm and shall note the objection and the reason on the record.
EFFECTIVE
DATE. This section is
effective August 1, 2015, and applies to legal proceedings commencing on or
after that date.
Sec. 7. Minnesota Statutes 2014, section 486.10, subdivision 3, is amended to read:
Subd. 3. Remedies. Through objection by a party to the
proceedings and upon the court's or presiding officer's learning determination
of a violation of subdivision 2, paragraph (a), the court or presiding officer
may: (1) declare that the record
for which the court reporting services were provided is void and may order that
the legal proceeding
be
reconducted; or (2) impose sanctions against the party violating subdivision
2, paragraph (a), including civil contempt of court, costs, and reasonable
attorney fees resulting from the violation.
If the legal proceedings are reconducted, the parties who violate
violated subdivision 2, paragraph (a), are jointly and severally liable
for costs associated with reconducting the legal proceeding and preparing the
new record. Costs include, but are not
limited to, attorney, witness, and freelance court reporter appearance and
transcript fees.
EFFECTIVE
DATE. This section is
effective August 1, 2015, and applies to legal proceedings commencing on or
after that date.
Sec. 8. Minnesota Statutes 2014, section 549.09, subdivision 1, is amended to read:
Subdivision 1. When owed; rate. (a) When a judgment or award is for the recovery of money, including a judgment for the recovery of taxes, interest from the time of the verdict, award, or report until judgment is finally entered shall be computed by the court administrator or arbitrator as provided in paragraph (c) and added to the judgment or award.
(b) Except as otherwise provided by contract or allowed by law, preverdict, preaward, or prereport interest on pecuniary damages shall be computed as provided in paragraph (c), clause (1), regardless of the amount, from the time of the commencement of the action or a demand for arbitration, or the time of a written notice of claim, whichever occurs first, except as provided herein. The action must be commenced within two years of a written notice of claim for interest to begin to accrue from the time of the notice of claim. If either party serves a written offer of settlement, the other party may serve a written acceptance or a written counteroffer within 30 days. After that time, interest on the judgment or award shall be calculated by the judge or arbitrator in the following manner. The prevailing party shall receive interest on any judgment or award from the time of commencement of the action or a demand for arbitration, or the time of a written notice of claim, or as to special damages from the time when special damages were incurred, if later, until the time of verdict, award, or report only if the amount of its offer is closer to the judgment or award than the amount of the opposing party's offer. If the amount of the losing party's offer was closer to the judgment or award than the prevailing party's offer, the prevailing party shall receive interest only on the amount of the settlement offer or the judgment or award, whichever is less, and only from the time of commencement of the action or a demand for arbitration, or the time of a written notice of claim, or as to special damages from when the special damages were incurred, if later, until the time the settlement offer was made. Subsequent offers and counteroffers supersede the legal effect of earlier offers and counteroffers. For the purposes of clause (2), the amount of settlement offer must be allocated between past and future damages in the same proportion as determined by the trier of fact. Except as otherwise provided by contract or allowed by law, preverdict, preaward, or prereport interest shall not be awarded on the following:
(1) judgments, awards, or benefits in workers' compensation cases, but not including third-party actions;
(2) judgments or awards for future damages;
(3) punitive damages, fines, or other damages that are noncompensatory in nature;
(4) judgments or awards not in excess of the amount specified in section 491A.01; and
(5) that portion of any verdict, award, or report which is founded upon interest, or costs, disbursements, attorney fees, or other similar items added by the court or arbitrator.
(c)(1) For a judgment or award of $50,000 or less or a judgment or award for or against the state or a political subdivision of the state, regardless of the amount, the interest shall be computed as simple interest per annum. The rate of interest shall be based on the secondary market yield of one year United States Treasury bills, calculated on a bank discount basis as provided in this section.
On or before the 20th day of December of each year the state court administrator shall determine the rate from the one-year constant maturity treasury yield for the most recent calendar month, reported on a monthly basis in the latest statistical release of the board of governors of the Federal Reserve System. This yield, rounded to the nearest one percent, or four percent, whichever is greater, shall be the annual interest rate during the succeeding calendar year. The state court administrator shall communicate the interest rates to the court administrators and sheriffs for use in computing the interest on verdicts and shall make the interest rates available to arbitrators.
This clause applies to any section that references section 549.09 by citation for the purposes of computing an interest rate on any amount owed to or by the state or a political subdivision of the state, regardless of the amount.
(2) For a judgment or award over $50,000, other than a judgment or award for or against the state or a political subdivision of the state, the interest rate shall be ten percent per year until paid.
(3) When a judgment creditor, or the judgment creditor's attorney or agent, has received a payment after entry of judgment, whether the payment is made voluntarily by or on behalf of the judgment debtor, or is collected by legal process other than execution levy where a proper return has been filed with the court administrator, the judgment creditor, or the judgment creditor's attorney, before applying to the court administrator for an execution shall file with the court administrator an affidavit of partial satisfaction. The affidavit must state the dates and amounts of payments made upon the judgment after the most recent affidavit of partial satisfaction filed, if any; the part of each payment that is applied to taxable disbursements and to accrued interest and to the unpaid principal balance of the judgment; and the accrued, but the unpaid interest owing, if any, after application of each payment.
(d) This section does not apply to arbitrations between employers and employees under chapter 179 or 179A. An arbitrator is neither required to nor prohibited from awarding interest under chapter 179 or under section 179A.16 for essential employees.
(e) For purposes of this subdivision:
(1) "state" includes a department, board, agency, commission, court, or other entity in the executive, legislative, or judicial branch of the state; and
(2) "political subdivision" includes a town, statutory or home rule charter city, county, school district, or any other political subdivision of the state.
(f) This section does not apply to a
judgment or award upon which interest is entitled to be recovered under section
60A.0811.
EFFECTIVE
DATE. This section is
effective August 1, 2015, and applies to judgments and awards entered on or
after that date.
ARTICLE 3
PUBLIC SAFETY
Section 1. Minnesota Statutes 2014, section 5B.11, is amended to read:
5B.11
LEGAL PROCEEDINGS; PROTECTIVE ORDER.
If a program participant is involved in
a legal proceeding as a party or witness, If a program participant's
address is protected under section 5B.05, no person or entity shall be
compelled to disclose the participant's actual address during the discovery
phase of or during a proceeding before a court or other tribunal unless the
court or tribunal finds that:
(1)
there is a reasonable belief that the address is needed to obtain information
or evidence without which the investigation, prosecution, or litigation cannot
proceed; and
(2) there is no other practicable way of obtaining the information or evidence.
The court must provide the program
participant with notice that address disclosure is sought and an opportunity to
present evidence regarding the potential harm to the safety of the program
participant if the address is disclosed.
In determining whether to compel disclosure, the court must consider
whether the potential harm to the safety of the participant is outweighed by
the interest in disclosure. In a
criminal proceeding, the court must order disclosure of a program participant's
address if protecting the address would violate a defendant's constitutional
right to confront a witness.
Disclosure of a participant's actual
address under this section shall be limited under the terms of the order to
ensure that the disclosure and dissemination of the actual address will be no
wider than necessary for the purposes of the investigation, prosecution, or
litigation.
Nothing in this section prevents
the court or other tribunal may issue from issuing a protective
order to prevent disclosure of information other than the participant's
actual address that could reasonably lead to the discovery of the program
participant's location.
Sec. 2. Minnesota Statutes 2014, section 13.03, subdivision 6, is amended to read:
Subd. 6. Discoverability of not public data. If a government entity opposes discovery of government data or release of data pursuant to court order on the grounds that the data are classified as not public, the party that seeks access to the data may bring before the appropriate presiding judicial officer, arbitrator, or administrative law judge an action to compel discovery or an action in the nature of an action to compel discovery.
The presiding officer shall first decide whether the data are discoverable or releasable pursuant to the rules of evidence and of criminal, civil, or administrative procedure appropriate to the action.
If the data are discoverable the presiding
officer shall decide whether the benefit to the party seeking access to the
data outweighs any harm to the confidentiality interests of the entity
maintaining the data, or of any person who has provided the data or who is the
subject of the data, or to the privacy interest of an individual identified in
the data. In making the decision, the
presiding officer shall consider whether notice to the subject of the data is
warranted and, if warranted, what type of notice must be given. The presiding officer may fashion and issue
any protective orders necessary to assure proper handling of the data by the
parties. If the data are a videotape of
a child victim or alleged victim alleging, explaining, denying, or describing
an act of physical or sexual abuse, the presiding officer shall consider the
provisions of section 611A.90, subdivision 2, paragraph (b). If the data are data subject to the protections under chapter 5B or section
13.045, the presiding officer shall consider the provisions of section 5B.11.
Sec. 3. Minnesota Statutes 2014, section 97B.031, subdivision 4, is amended to read:
Subd. 4. Silencers
prohibited Suppressors. Except
as provided in section 609.66, subdivision 1h, a person may not own or possess
a silencer for a firearm or a firearm equipped to have a silencer attached. Nothing in this section prohibits the
lawful use of a suppressor or the possession of a firearm equipped to have a
suppressor attached, as defined in section 609.66, subdivision 1a, paragraph
(c), while hunting.
Sec. 4. Minnesota Statutes 2014, section 168A.1501, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) For purposes of this section, the terms defined in this subdivision have the meanings given.
(b) "Law enforcement agency" or "agency" means a duly authorized municipal, county, state, or federal law enforcement agency.
(c) "Person" means an individual, partnership, limited partnership, limited liability company, corporation, or other entity.
(d) "Scrap vehicle" means a motor vehicle purchased primarily as scrap, for its reuse or recycling value as raw metal, or for dismantling for parts.
(e) "Scrap vehicle operator" or "operator" means the following persons who engage in a transaction involving the purchase or acquisition of a scrap vehicle: scrap metal processors licensed under section 168.27, subdivision 1a, paragraph (c); used vehicle parts dealers licensed under section 168.27, subdivision 1a, paragraph (d); scrap metal dealers under section 325E.21; and junk yards under section 471.925.
(f) "Interchange file
specification format" means the most recent version of the Minneapolis
automated property system interchange file specification format.
(g) "Motor vehicle" has
the meaning given in section 169.011, subdivision 42.
(h) (g) "Proof of
identification" means a driver's license, Minnesota identification card
number, or other identification document issued for identification purposes by
any state, federal, or foreign government if the document includes the person's
photograph, full name, birth date, and signature.
(i) (h) "Seller"
means any seller, prospective seller, or agent of the seller.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 5. Minnesota Statutes 2014, section 168A.1501, subdivision 6, is amended to read:
Subd. 6. Additional
reporting. In addition to the
requirements under subdivision 5 if applicable, The following entities must
submit information on the purchase or acquisition of a scrap vehicle to the
National Motor Vehicle Title Information System, established pursuant to United
States Code, title 49, section 30502, by the close of business the following
day:
(1) an operator who is not licensed under section 168.27; and
(2) an operator who purchases a scrap vehicle under subdivision 9.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 6. Minnesota Statutes 2014, section 299A.73, subdivision 2, is amended to read:
Subd. 2. Applications. Applications for a grant-in-aid shall be made by the administering agency to the commissioner.
The grant-in-aid is contingent upon the
agency having obtained from the community in which the youth intervention
program is established local matching money two times equal to the
amount of the grant that is sought. The
matching requirement is intended to leverage the investment of state and
community dollars in supporting the efforts of the grantees to provide early
intervention services to youth and their families.
The
commissioner shall provide the application form, procedures for making
application form, criteria for review of the application, and kinds of
contributions in addition to cash that qualify as local matching money. No grant to any agency may exceed $50,000
$75,000.
Sec. 7. Minnesota Statutes 2014, section 299C.35, is amended to read:
299C.35
BUREAU TO BROADCAST CRIMINAL INFORMATION.
It shall be the duty of the bureau to
broadcast all police dispatches and reports submitted which, in the opinion of
the superintendent, shall have a reasonable relation to or connection with the
apprehension of criminals, the prevention of crime, and the maintenance of
peace and order throughout the state. Every
sheriff, peace officer, or other person employing a radio receiving set
under the provisions of sections 299C.30 to 299C.38 shall make report
reports to the bureau at such times and containing such information as
the superintendent shall direct.
Sec. 8. Minnesota Statutes 2014, section 299C.38, is amended to read:
299C.38
PRIORITY OF POLICE COMMUNICATIONS; MISDEMEANOR.
Any telegraph or telephone operator who
shall fail to give priority to police messages or calls as provided in sections
299C.30 to 299C.38, and Any person who willfully makes any false,
misleading, or unfounded report to any broadcasting station established
thereunder public safety answering point for the purpose of
interfering with the operation thereof, or with the intention of misleading any
officer of this state, shall be guilty of a misdemeanor.
Sec. 9. Minnesota Statutes 2014, section 299C.46, subdivision 2, is amended to read:
Subd. 2. Criminal
justice agency defined. For the
purposes of sections 299C.46 to 299C.49 and 299C.48,
"criminal justice agency" means an agency of the state or a political
subdivision or the federal government charged with detection, enforcement,
prosecution, adjudication or incarceration in respect to the criminal or
traffic laws of this state. This
definition also includes all sites identified and licensed as a detention
facility by the commissioner of corrections under section 241.021 and those
federal agencies that serve part or all of the state from an office located
outside the state.
Sec. 10. Minnesota Statutes 2014, section 299C.46, subdivision 2a, is amended to read:
Subd. 2a. Noncriminal
justice agency defined. For the
purposes of sections 299C.46 to 299C.49 and 299C.48,
"noncriminal justice agency" means an agency of the state or a
political subdivision of the state charged with the responsibility of
performing checks of state databases connected to the criminal justice data
communications network.
Sec. 11. [299C.75]
BACKGROUND CHECKS; INDIAN TRIBES.
(a) When requested by a law enforcement
agency of an Indian tribe with a reservation in the state, the superintendent
shall perform a criminal history background check on a person seeking a
license, employment, public housing, candidacy for tribal election, or other
purpose as required under tribal law and in accordance with federal law. When requested by the law enforcement agency
of the Indian tribe, the superintendent shall exchange fingerprints with the
Federal Bureau of Investigation for purposes of the criminal history background
check. The superintendent shall recover the cost of a background check under this
section through a fee charged to the Indian tribe.
(b) For purposes of this section, "Indian tribe" means a tribe, band, nation, or other federally recognized group or community of Indians.
(c)
If any provision of this section is determined to be in conflict with respect
to a tribal state gaming compact of an Indian tribe requesting a background
check under this section, the compact provision shall prevail.
Sec. 12. Minnesota Statutes 2014, section 325E.21, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) For purposes of this section, the terms defined in this subdivision have the meanings given.
(b) "Law enforcement agency" or "agency" means a duly authorized municipal, county, state, or federal law enforcement agency.
(c) "Person" means an individual, partnership, limited partnership, limited liability company, corporation, or other entity.
(d) "Scrap metal" means:
(1) wire and cable commonly and customarily used by communication and electric utilities; and
(2) copper, aluminum, or any other metal purchased primarily for its reuse or recycling value as raw metal, including metal that is combined with other materials at the time of purchase, but does not include a scrap vehicle as defined in section 168A.1501, subdivision 1.
(e) "Scrap metal dealer" or "dealer" means a person engaged in the business of buying or selling scrap metal, or both.
The terms do not include a person engaged exclusively in the business of buying or selling new or used motor vehicles, paper or wood products, rags or furniture, or secondhand machinery.
(f) "Interchange file
specification format" means the most recent version of the Minneapolis
automated property system interchange file specification format.
(g) "Seller" means any
seller, prospective seller, or agent of the seller.
(h) (g) "Proof of
identification" means a driver's license, Minnesota identification card
number, or other identification document issued for identification purposes by
any state, federal, or foreign government if the document includes the person's
photograph, full name, birth date, and signature.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 13. Minnesota Statutes 2014, section 325E.21, subdivision 2, is amended to read:
Subd. 2. Retention required. Records required to be maintained by subdivision 1a or 1b shall be retained by the scrap metal dealer for a period of three years.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 14. Minnesota Statutes 2014, section 352B.011, subdivision 10, is amended to read:
Subd. 10. Member. "Member" means:
(1) a State Patrol member currently employed under section 299D.03 by the state, who is a peace officer under section 626.84, and whose salary or compensation is paid out of state funds;
(2) a conservation officer employed under section 97A.201, currently employed by the state, whose salary or compensation is paid out of state funds;
(3) a crime bureau officer who was employed by the crime bureau and was a member of the Highway Patrolmen's retirement fund on July 1, 1978, whether or not that person has the power of arrest by warrant after that date, or who is employed as police personnel, with powers of arrest by warrant under Minnesota Statutes 2009, section 299C.04, and who is currently employed by the state, and whose salary or compensation is paid out of state funds;
(4) a person who is employed by the state in the Department of Public Safety in a data processing management position with salary or compensation paid from state funds, who was a crime bureau officer covered by the State Patrol retirement plan on August 15, 1987, and who was initially hired in the data processing management position within the department during September 1987, or January 1988, with membership continuing for the duration of the person's employment in that position, whether or not the person has the power of arrest by warrant after August 15, 1987;
(5) a public safety employee who is a peace officer under section 626.84, subdivision 1, paragraph (c), and who is employed by the Division of Alcohol and Gambling Enforcement under section 299L.01;
(6) a Fugitive Apprehension Unit officer after October 31, 2000, who is employed by the Office of Special Investigations of the Department of Corrections and who is a peace officer under section 626.84;
(7) an employee of the Department of Commerce defined as a peace officer in section 626.84, subdivision 1, paragraph (c), who is employed by the Commerce Fraud Bureau under section 45.0135 after January 1, 2005, and who has not attained the mandatory retirement age specified in section 43A.34, subdivision 4; and
(8) an employee of the Department of Public Safety, who is a licensed peace officer under section 626.84, subdivision 1, paragraph (c), and is employed as the statewide coordinator of the Violent Crime Coordinating Council.
Sec. 15. Minnesota Statutes 2014, section 609.66, subdivision 1a, is amended to read:
Subd. 1a. Felony
crimes; silencers prohibited suppressors; reckless discharge. (a) Except as otherwise provided in
subdivision 1h, Whoever does any of the following is guilty of a felony and
may be sentenced as provided in paragraph (b):
(1) sells or has in possession any device
designed to silence or muffle the discharge of a firearm a suppressor
that is not lawfully possessed under federal law;
(2) intentionally discharges a firearm under circumstances that endanger the safety of another; or
(3) recklessly discharges a firearm within a municipality.
(b) A person convicted under paragraph (a) may be sentenced as follows:
(1) if the act was a violation of paragraph (a), clause (2), or if the act was a violation of paragraph (a), clause (1) or (3), and was committed in a public housing zone, as defined in section 152.01, subdivision 19, a school zone, as defined in section 152.01, subdivision 14a, or a park zone, as defined in section 152.01, subdivision 12a, to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both; or
(2) otherwise, to imprisonment for not more than two years or to payment of a fine of not more than $5,000, or both.
(c)
As used in this subdivision, "suppressor" means any device for silencing,
muffling, or diminishing the report of a portable firearm, including any
combination of parts, designed or redesigned, and intended for use in
assembling or fabricating a firearm silencer or firearm muffler, and any part
intended only for use in the assembly or fabrication.
Sec. 16. Minnesota Statutes 2014, section 609.66, subdivision 1g, is amended to read:
Subd. 1g. Felony; possession in courthouse or certain state buildings. (a) A person who commits either of the following acts is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both:
(1) possesses a dangerous weapon, ammunition, or explosives within any courthouse complex; or
(2) possesses a dangerous weapon, ammunition, or explosives in any state building within the Capitol Area described in chapter 15B, other than the National Guard Armory.
(b) Unless a person is otherwise prohibited or restricted by other law to possess a dangerous weapon, this subdivision does not apply to:
(1) licensed peace officers or military personnel who are performing official duties;
(2) persons who carry pistols according to the terms of a permit issued under section 624.714 and who so notify the sheriff or the commissioner of public safety, as appropriate;
(3) persons who possess dangerous weapons for the purpose of display as demonstrative evidence during testimony at a trial or hearing or exhibition in compliance with advance notice and safety guidelines set by the sheriff or the commissioner of public safety; or
(4) persons who possess dangerous weapons in a courthouse complex with the express consent of the county sheriff or who possess dangerous weapons in a state building with the express consent of the commissioner of public safety.
(c) For purposes of this subdivision,
the issuance of a permit to carry under section 624.714 constitutes
notification of the commissioner of public safety as required under paragraph
(b), clause (2).
Sec. 17. Minnesota Statutes 2014, section 609.66, is amended by adding a subdivision to read:
Subd. 1i. Chief
law enforcement officer certification; certain firearms. (a) As used in this subdivision:
(1) "chief law enforcement
officer" means any official or designee; the Bureau of Alcohol, Tobacco,
Firearms and Explosives; or any successor agency, identified by regulation or
otherwise as eligible to provide any required certification for the making or
transfer of a firearm;
(2) "certification" means the
participation and assent of the chief law enforcement officer necessary under
federal law for the approval of the application to transfer or make a firearm;
and
(3) "firearm" has the meaning
given in the National Firearms Act, United States Code, title 26, section
5845(a).
(b) If a chief law enforcement officer's
certification is required by federal law or regulation for the transfer or
making of a firearm, the chief law enforcement officer must, within 15 days of
receipt of a request for certification, provide the certification if the
applicant is not prohibited by law from receiving or possessing the firearm or
is not
the
subject of a proceeding that could result in the applicant being prohibited by
law from receiving or possessing the firearm.
If the chief law enforcement officer is unable to make a certification
as required by this section, the chief law enforcement officer must provide the
applicant a written notification of the denial and the reason for the
determination.
(c) In making the certification required
by paragraph (b), a chief law enforcement officer or designee may require the
applicant to provide only the information that is required by federal or state
law to identify the applicant and conduct a criminal history background check,
including a check of the National Instant Criminal Background Check System, or
to determine the disposition of an arrest or proceeding relevant to the
applicant's eligibility to lawfully possess or receive a firearm. A person who possesses a valid carry permit
is presumed to be qualified to receive certification. A chief law enforcement officer may not
require access to or consent for an inspection of any private premises as a
condition of making a certification under this section.
(d) A chief law enforcement officer is
not required to make any certification under this section known to be untrue,
but the officer may not refuse to provide certification based on a generalized
objection to private persons or entities making, possessing, or receiving
firearms or any certain type of firearm, the possession of which is not
prohibited by law.
(e) Chief law enforcement officers and
their employees who act in good faith are immune from liability arising from
any act or omission in making a certification as required by this section.
(f) An applicant whose request for
certification is denied may appeal the chief law enforcement officer's decision
to the district court that is located in the city or county in which the
applicant resides or maintains an address of record. The court must review the chief law
enforcement officer's decision to deny the certification de novo. The court must order the chief law
enforcement officer to issue the certification and award court costs and
reasonable attorney fees to the applicant, if the court finds that: (1) the applicant is not prohibited by law
from receiving or possessing the firearm; (2) the applicant is not the subject
of a proceeding that could result in a prohibition; and (3) no substantial
evidence supports the chief law enforcement officer's determination that the
chief law enforcement officer cannot truthfully make the certification.
Sec. 18. Minnesota Statutes 2014, section 611A.31, subdivision 1, is amended to read:
Subdivision 1. Scope. For the purposes of sections 611A.31 to 611A.36
611A.35, the following terms have the meanings given.
Sec. 19. Minnesota Statutes 2014, section 611A.33, is amended to read:
611A.33 DUTIES OF COMMISSIONER. The commissioner shall:
(1) review applications for and award grants to a program pursuant to section 611A.32, subdivision 1;
(2) appoint a program director to perform the duties set forth in section 611A.35;
(3) design and implement a uniform method of collecting data on domestic abuse victims to be used to evaluate the programs funded under section 611A.32;
(4) provide technical aid to applicants in the development of grant requests and provide technical aid to programs in meeting the data collection requirements established by the commissioner; and
(5) adopt, under chapter 14, all rules
necessary to implement the provisions of sections 611A.31 to 611A.36 611A.35.
Sec. 20. Minnesota Statutes 2014, section 611A.35, is amended to read:
611A.35
DOMESTIC ABUSE PROGRAM DIRECTOR. The
commissioner shall appoint a program director.
The program director shall administer the funds appropriated for
sections 611A.31 to 611A.36 611A.35 and perform other duties
related to battered women's and domestic abuse programs as the commissioner may
assign. The program director shall serve
at the pleasure of the commissioner in the unclassified service.
Sec. 21. Minnesota Statutes 2014, section 624.71, is amended to read:
624.71
GUN CONTROL; APPLICATION OF FEDERAL LAW.
Subdivision 1. Application. Notwithstanding any other law to the
contrary, it shall be lawful for any federally licensed importer, manufacturer,
dealer, or collector to sell and deliver firearms and ammunition to a resident
of a contiguous any state in any instance where such sale and
delivery is lawful under the federal Gun Control Act of 1968 (Public Law
90-618).
Subd. 2. Contiguous
Other state purchases. Notwithstanding
any other law to the contrary, it shall be lawful for a resident of Minnesota
to purchase firearms and ammunition in a contiguous any state in
any instance where such sale and delivery is lawful under the federal Gun
Control Act of 1968 (Public Law 90-618).
Sec. 22. Minnesota Statutes 2014, section 624.714, subdivision 16, is amended to read:
Subd. 16. Recognition
of permits from other states. (a)
The commissioner must annually establish and publish a list of other states
that have laws governing the issuance of permits to carry weapons that are not substantially
similar to this section. The list must
be available on the Internet. A person
holding a carry permit from a state not on the list may use the license or
permit in this state subject to the rights, privileges, and requirements of
this section.
(b) Notwithstanding paragraph (a), no license or permit from another state is valid in this state if the holder is or becomes prohibited by law from possessing a firearm.
(c) Any sheriff or police chief may file a petition under subdivision 12 seeking an order suspending or revoking an out-of-state permit holder's authority to carry a pistol in this state on the grounds set forth in subdivision 6, paragraph (a), clause (3). An order shall only be issued if the petitioner meets the burden of proof and criteria set forth in subdivision 12. If the court denies the petition, the court must award the permit holder reasonable costs and expenses including attorney fees. The petition may be filed in any county in the state where a person holding a license or permit from another state can be found.
(d) The commissioner must, when necessary, execute reciprocity agreements regarding carry permits with jurisdictions whose carry permits are recognized under paragraph (a).
Sec. 23. [624.7192]
AUTHORITY TO SEIZE AND CONFISCATE FIREARMS.
(a) This section applies only during the
effective period of a state of emergency proclaimed by the governor relating to
a public disorder or disaster.
(b) A peace officer who is acting in
the lawful discharge of the officer's official duties without a warrant may
disarm a lawfully detained individual only temporarily and only if the officer
reasonably believes it is immediately necessary for the protection of the
officer or another individual. Before
releasing the individual, the peace officer must return to the individual any
seized firearms and ammunition, and components thereof, any firearms
accessories and ammunition reloading equipment and supplies, and any other
personal weapons taken from the individual,
unless
the officer: (1) takes the individual
into physical custody for engaging in criminal activity or for observation
pursuant to section 253B.05, subdivision 2; or (2) seizes the items as evidence
pursuant to an investigation for the commission of the crime for which the
individual was arrested.
(c) Notwithstanding any other law to
the contrary, no governmental unit, government official, government employee,
peace officer, or other person or body acting under governmental authority or
color of law may undertake any of the following actions with regard to any
firearms and ammunition, and components thereof; any firearms accessories and
ammunition reloading equipment and supplies; and any other personal weapons:
(1) prohibit, regulate, or curtail the
otherwise lawful possession, carrying, transportation, transfer, defensive use,
or other lawful use of any of these items;
(2) seize, commandeer, or confiscate
any of these items in any manner, except as expressly authorized in paragraph
(b);
(3) suspend or revoke a valid permit
issued pursuant to section 624.7131 or 624.714, except as expressly authorized
in those sections; or
(4) close or limit the operating hours
of businesses that lawfully sell or service any of these items, unless such
closing or limitation of hours applies equally to all forms of commerce.
(d) No provision of law relating to a
public disorder or disaster emergency proclamation by the governor or any other
governmental or quasi-governmental official, including but not limited to
emergency management powers pursuant to chapters 9 and 12, shall be construed
as authorizing the governor or any other governmental or quasi‑governmental
official of this state or any of its political subdivisions acting at the
direction of the governor or another official to act in violation of this
paragraph or paragraphs (b) and (c).
(e)(1) An individual aggrieved by a violation
of this section may seek relief in an action at law or in equity or in any
other proper proceeding for damages, injunctive relief, or other appropriate
redress against a person who commits or causes the commission of this violation. Venue must be in the district court having
jurisdiction over the county in which the aggrieved individual resides or in
which the violation occurred.
(2) In addition to any other remedy
available at law or in equity, an individual aggrieved by the seizure or
confiscation of an item listed in paragraph (c) in violation of this section
may make application for the immediate return of the items to the office of the
clerk of court for the county in which the items were seized and, except as
provided in paragraph (b), the court must order the immediate return of the
items by the seizing or confiscating governmental office and that office's
employed officials.
(3) In an action or proceeding to
enforce this section, the court must award the prevailing plaintiff reasonable
court costs and expenses, including attorney fees.
EFFECTIVE
DATE. This section is
effective August 1, 2015.
Sec. 24. STATEWIDE
ACCOUNTING OF UNTESTED RAPE KITS.
(a) As used in this section, the
following terms have the meanings provided:
(1) "bureau" means the state
Bureau of Criminal Apprehension;
(2) "forensic laboratory" has
the meaning provided in Minnesota Statutes, section 299C.157, subdivision 1,
clause (2);
(3)
"rape kit" means a sexual assault examination kit;
(4) "superintendent" means
the superintendent of the bureau;
(5) "untested rape kit" means
a rape kit that has not been submitted to the bureau for DNA analysis but has
been cleared for testing through the written consent of the victim; and
(6) "victim" has the meaning
provided in Minnesota Statutes, section 611A.01, paragraph (b).
(b) By August 1, 2015, the director of
the bureau's forensic science division, each executive director of a publicly
funded forensic laboratory that tests rape kits, and each sheriff and chief of
police must prepare and submit a written report to the superintendent that
identifies the number of untested rape kits in the possession of the official's
agency or department. The report must be
in a form prescribed by the superintendent.
At a minimum, each untested rape kit must be identified in the report by
the date the evidence was collected and reasons why each untested rape kit was
not tested. This report applies only to
untested rape kits collected prior to July 1, 2015.
(c) By December 1, 2015, the superintendent
must submit a report to the majority leader of the senate, the speaker of the
house, and the Office of the Attorney General identifying, by agency and date
collected, each untested rape kit disclosed in the reports required by
paragraph (b). The report must also
provide a detailed plan to resolve any backlog of untested rape kits held by
the bureau and other agencies or departments.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 25. REPEALER.
(a) Minnesota Statutes 2014, sections
168A.1501, subdivisions 5 and 5a; 299C.36; and 325E.21, subdivisions 1c and 1d,
are repealed.
(b) Laws 2014, chapter 190, sections
10; and 11, are repealed.
(c) Minnesota Statutes 2014, section
609.66, subdivision 1h, is repealed.
EFFECTIVE
DATE. Paragraphs (a) and (b)
are effective the day following final enactment. Paragraph (c) is effective August 1, 2015.
ARTICLE 4
FIREFIGHTERS
Section 1. Minnesota Statutes 2014, section 181.06, subdivision 2, is amended to read:
Subd. 2. Payroll deductions. A written contract may be entered into between an employer and an employee wherein the employee authorizes the employer to make payroll deductions for the purpose of paying union dues, premiums of any life insurance, hospitalization and surgical insurance, group accident and health insurance, group term life insurance, group annuities or contributions to credit unions or a community chest fund, a local arts council, a local science council or a local arts and science council, or Minnesota benefit association, a federally or state registered political action committee, membership dues of a relief association governed by sections 424A.091 to 424A.096 or Laws 2013, chapter 111, article 5, sections 31 to 42, or participation in any employee stock purchase plan or savings plan for periods longer than 60 days, including gopher state bonds established under section 16A.645.
EFFECTIVE
DATE. This section is
effective August 1, 2015.
Sec. 2. Minnesota Statutes 2014, section 181.101, is amended to read:
181.101
WAGES; HOW OFTEN PAID.
(a) Except as provided in paragraph (b), every employer must pay all wages earned by an employee at least once every 31 days on a regular payday designated in advance by the employer regardless of whether the employee requests payment at longer intervals. Unless paid earlier, the wages earned during the first half of the first 31-day pay period become due on the first regular payday following the first day of work. If wages earned are not paid, the commissioner of labor and industry or the commissioner's representative may demand payment on behalf of an employee. If payment is not made within ten days of demand, the commissioner may charge and collect the wages earned and a penalty in the amount of the employee's average daily earnings at the rate agreed upon in the contract of employment, not exceeding 15 days in all, for each day beyond the ten-day limit following the demand. Money collected by the commissioner must be paid to the employee concerned. This section does not prevent an employee from prosecuting a claim for wages. This section does not prevent a school district, other public school entity, or other school, as defined under section 120A.22, from paying any wages earned by its employees during a school year on regular paydays in the manner provided by an applicable contract or collective bargaining agreement, or a personnel policy adopted by the governing board. For purposes of this section, "employee" includes a person who performs agricultural labor as defined in section 181.85, subdivision 2. For purposes of this section, wages are earned on the day an employee works.
(b) An employer of a volunteer
firefighter, as defined in section 424A.001, subdivision 10, a member of an
organized first responder squad that is formally recognized by a political
subdivision in the state, or a volunteer ambulance driver or attendant must pay
all wages earned by the volunteer firefighter, first responder, or volunteer
ambulance driver or attendant at least once every 31 days, unless the employer
and the employee mutually agree upon payment at longer intervals.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 3. Minnesota Statutes 2014, section 299F.012, subdivision 1, is amended to read:
Subdivision 1. Authorized
programs within department. From the
revenues appropriated from the fire safety account, established under section
297I.06, subdivision 3, the commissioner of public safety may expend funds for
the activities and programs identified by the advisory committee established
under subdivision 2 and recommended to the commissioner of public safety. The commissioner shall not expend funds
without the recommendation of the advisory committee established under subdivision
2. These funds are to be used to provide
resources needed for identified activities and programs of the Minnesota fire
service and to ensure the State Fire Marshal Division responsibilities are
fulfilled. Any balance remaining in
the account after the first year of the biennium must be appropriated to the
commissioner of public safety for the purposes specified in law.
Sec. 4. Minnesota Statutes 2014, section 299N.02, subdivision 2, is amended to read:
Subd. 2. Terms;
chair; compensation. Members of the
board shall serve for terms of four years and annually elect a chair
from among the members. Terms and
filling of vacancies are subject to section 15.0575, subdivisions 2, 4, and 5. Members serve without compensation.
Sec. 5. Minnesota Statutes 2014, section 299N.03, subdivision 5, is amended to read:
Subd. 5. Full-time
firefighter. A "full-time
firefighter" means a person who is employed and charged with the
prevention and suppression of fires within the boundaries of the state on a
full-time, salaried basis and who is directly engaged in the hazards of
firefighting or is in charge of a designated fire company or companies that are
directly engaged in the hazards of firefighting. Full-time firefighter does not include a
volunteer, part-time, or paid, on-call paid-on-call
firefighter.
Sec. 6. Minnesota Statutes 2014, section 299N.03, subdivision 6, is amended to read:
Subd. 6. Licensed
firefighter. "Licensed
firefighter" means a full-time firefighter, to include a fire department
employee, member, supervisor, or appointed official, who is licensed by the
board and who is charged with the prevention or suppression of fires
within the boundaries of the state. Licensed
firefighter may also include a volunteer firefighter.
Sec. 7. Minnesota Statutes 2014, section 299N.03, subdivision 7, is amended to read:
Subd. 7. Volunteer
firefighter. A "volunteer
firefighter" means a person who is charged with the prevention or
suppression of fires within the boundaries of the state on a volunteer,
part-time, or paid, on-call paid-on-call basis. Volunteer firefighter does not include a
full-time firefighter.
Sec. 8. Minnesota Statutes 2014, section 299N.04, subdivision 3, is amended to read:
Subd. 3. Certain
baccalaureate or associate degree holders eligible to take certification
examination. A person with a
baccalaureate degree, or with an associate degree in applied fire
science technology, from an accredited college or university, who
has successfully completed the skills-oriented basic training course under
subdivision 2, clause (2), is eligible to take the firefighter certification
examination notwithstanding the requirements of subdivision 2, clause (1).
Sec. 9. Minnesota Statutes 2014, section 299N.05, subdivision 1, is amended to read:
Subdivision 1. Licensure
requirement. A full-time
firefighter employed on or after July 1, 2011, full time by a
fire department is not eligible for permanent employment without being licensed
as a firefighter by the board.
Sec. 10. Minnesota Statutes 2014, section 299N.05, subdivision 5, is amended to read:
Subd. 5. Issuance
of Obtaining a firefighter license.
The board shall license any individual who meets the requirements
of subdivision 3 or 4. To obtain
a license, a firefighter must complete the board application process and meet
the requirements of section 299N.04.
A license is valid for three years from the date of issuance a
three‑year period determined by the board, and the fee for the
license is $75. Fees under this
subdivision may be prorated by the board for licenses issued within a
three-year licensure period.
Sec. 11. Minnesota Statutes 2014, section 299N.05, subdivision 6, is amended to read:
Subd. 6. License
renewal; expiration and reinstatement.
(a) A license shall be renewed so long as the firefighter and
the chief firefighting officer provide evidence to the board that the licensed
firefighter has had at least 72 hours of approved firefighting
training in the previous three-year period preceding three years and
the firefighter completes the renewal application. The fee for renewing a firefighter license is
$75, and the license is valid for an additional three years.
(b) If a license expires, a firefighter
may apply to have it reinstated. In
order to receive reinstatement, the firefighter must:
(1) complete a reinstatement
application;
(2) satisfy all prior firefighter
training requirements;
(3) pay any outstanding renewal fees;
and
(4)
pay the delayed renewal fee set by the board.
(c) In lieu of a reinstatement
application under paragraph (b), a firefighter may complete a new application
for licensure under section 299N.04.
Sec. 12. Minnesota Statutes 2014, section 299N.05, subdivision 7, is amended to read:
Subd. 7. Duties
of chief firefighting officer. (a)
It shall be the duty of Every chief firefighting officer has a duty
to ensure that all every full-time firefighters have firefighter
has a license from issued by the board beginning July 1,
2011. Each full-time firefighter,
volunteer firefighter, and chief firefighting officer may apply for licensure
after January 1, 2011.
(b) Every chief firefighting officer,
provider, and individual licensee has a duty to ensure proper training records
and reports are retained. Records must
include, for the three-year period subsequent to the license renewal date:
(1) the dates, subjects, and duration
of programs;
(2) sponsoring organizations;
(3) fire training hours earned;
(4) registration receipts to prove
attendance at training sessions; and
(5) other pertinent information.
(c) The board may require a licensee,
provider, or fire department to provide the information under paragraph (b) to
demonstrate compliance with the 72-hour firefighting training requirement under
subdivision 6, paragraph (a).
Sec. 13. Minnesota Statutes 2014, section 299N.05, subdivision 8, is amended to read:
Subd. 8. Revocation; suspension; denial. (a) The board may revoke, suspend, or deny a license issued or applied for under this section to a firefighter or applicant if the firefighter or applicant has been convicted of any arson-related charge or a felony recognized by the board as a crime that would disqualify the licensee from participating in the profession of firefighting.
(b) Each applicant, licensee, or fire
department must notify the board, in writing, within ten days if the applicant
or licensee has been convicted of or pled guilty or nolo contendere to a
felony, any arson-related charge, or another offense arising from the same set
of circumstances.
Sec. 14. [299N.06]
ELIGIBILITY FOR RECIPROCITY EXAMINATION BASED ON RELEVANT MILITARY EXPERIENCE.
(a) For purposes of this section:
(1) "active service" has the
meaning given in section 190.05, subdivision 5; and
(2) "relevant military
experience" means:
(i) four years' cumulative service
experience in a military firefighting occupational specialty;
(ii)
two years' cumulative service experience in a military firefighting
occupational specialty, and completion of at least a two-year degree from a
regionally accredited postsecondary education institution; or
(iii) four years' cumulative experience
as a full-time firefighter in another state combined with cumulative service
experience in a military firefighting occupational specialty.
(b) A person is eligible to take the
reciprocity examination and does not have to otherwise meet the requirements of
section 299N.04, subdivisions 2 and 3, if the person has:
(1) relevant military experience; and
(2) been honorably discharged from
military active service as evidenced by the most recent form DD-214 or is
currently in active service, as evidenced by:
(i) active duty orders providing
service time in a military firefighting specialty;
(ii) a United States Department of
Defense Manpower Data Center status report pursuant to the Service Members
Civil Relief Act, active duty status report; or
(iii) Military Personnel Center
assignment information.
(c) A person who passed the examination
under paragraph (b), clause (2), shall not be eligible to be licensed as a
firefighter until honorably discharged as evidenced by the most recent form
DD-214.
(d) To receive a firefighter license, a
person who passed the reciprocity certification examination must meet the
requirements of section 299N.05, subdivision 4.
Sec. 15. REPEALER.
Minnesota Statutes 2014, section
299N.05, subdivision 3, is repealed.
ARTICLE 5
CORRECTIONS
Section 1. Minnesota Statutes 2014, section 43A.241, is amended to read:
43A.241
INSURANCE CONTRIBUTIONS; FORMER CORRECTIONS EMPLOYEES.
(a) This section applies to a person who:
(1) was employed by the commissioner of
the Department of Corrections at a state institution under control of the
commissioner, and in that employment was a member of the general plan of the
Minnesota State Retirement System; or by the Department of Human
Services;
(2) was covered by the correctional
employee retirement plan under section 352.91 or the general state employees
retirement plan of the Minnesota State Retirement System as defined in section
352.021;
(3) while employed under clause (1),
was assaulted by an inmate at a state institution under control of the
commissioner of the Department of Corrections; and:
(i) a person under correctional supervision
for a criminal offense; or
(ii)
a client or patient at the Minnesota sex offender program, or at a
state-operated forensic services program as defined in section 352.91,
subdivision 3j, under the control of the commissioner of the Department of Human
Services; and
(3) (4) as a direct result of
the assault under clause (3), was determined to be totally and permanently physically
disabled under laws governing the Minnesota State Retirement System.
(b) For a person to whom this section
applies, the commissioner of the Department of Corrections or the
commissioner of the Department of Human Services, using existing budget
resources, must continue to make the employer contribution for hospital,
medical, and dental benefits under the State Employee Group Insurance
Program after the person terminates state service. If the person had dependent coverage at the
time of terminating state service, employer contributions for dependent
coverage also must continue under this section.
The employer contributions must be in the amount of the employer
contribution for active state employees at the time each payment is made. The employer contributions must continue
until the person reaches age 65, provided the person makes the required
employee contributions, in the amount required of an active state employee, at
the time and in the manner specified by the commissioner.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to a person assaulted
by an inmate, client, or patient on or after that date.
Sec. 2. Minnesota Statutes 2014, section 241.88, subdivision 1, is amended to read:
Subdivision 1. Restraint. (a) A representative of a correctional facility may not restrain a woman known to be pregnant unless the representative makes an individualized determination that restraints are reasonably necessary for the legitimate safety and security needs of the woman, correctional staff, other inmates, or the public. If restraints are determined to be necessary, the restraints must be the least restrictive available and the most reasonable under the circumstances.
(b) A representative of a correctional
facility may not restrain a woman known to be pregnant while the woman is being
transported if the restraint is through the use of waist chains or other
devices that cross or otherwise touch the woman's abdomen or handcuffs or other
devices that cross or otherwise touch the woman's wrists when affixed behind
the woman's back. If used, wrist
restraints should be applied in such a way that the pregnant woman may be able
to protect herself and her fetus in the event of a forward fall.
(c) A representative of a correctional facility may restrain a woman who is in labor or who has given birth within the preceding three days only if:
(1) there is a substantial flight risk or some other extraordinary medical or security circumstance that dictates restraints be used to ensure the safety and security of the woman, the staff of the correctional or medical facility, other inmates, or the public;
(2) the representative has made an individualized determination that restraints are necessary to prevent escape or injury;
(3) there is no objection from the treating medical care provider; and
(4) the restraints used are the least restrictive type and are used in the least restrictive manner.
(d) Section 645.241 does not apply to this section.
EFFECTIVE
DATE. This section is
effective July 1, 2015.
Sec. 3. Minnesota Statutes 2014, section 241.88, is amended by adding a subdivision to read:
Subd. 3. Required
annual report. By February 15
of each year, the commissioner shall report to the chairs and ranking minority
members of the senate and house of representatives committees and divisions
having jurisdiction over criminal justice policy and funding on the use of
restraints on pregnant women, women in labor, and women who have given birth in
the preceding three days, who are incarcerated in state and local correctional
facilities during the preceding calendar year.
For reporting purposes, the use of restraints does not include use of
handcuffs on the front of the body of a pregnant woman.
EFFECTIVE
DATE. This section is
effective July 1, 2015.
Sec. 4. Minnesota Statutes 2014, section 241.89, subdivision 1, is amended to read:
Subdivision 1. Applicability. This section applies only to a woman:
(1) incarcerated following conviction; and
or
(2) incarcerated before conviction beyond the period specified for the woman's initial appearance before the court in Rules of Criminal Procedure, rules 3.02, 4.01, and 4.02.
EFFECTIVE
DATE. This section is
effective July 1, 2015.
Sec. 5. Minnesota Statutes 2014, section 241.89, subdivision 2, is amended to read:
Subd. 2. Requirements. The head of each correctional facility shall ensure that every woman incarcerated at the facility:
(1) is tested for pregnancy on or before day 14 of incarceration, if under 50 years of age unless the inmate refuses the test;
(2) if pregnant and agrees to testing,
is tested for sexually transmitted diseases, including HIV, is provided
the prevailing standard of care or current practice by the medical care
provider's peer group;
(3) if pregnant or has given birth in the past six weeks, is provided appropriate educational materials and resources related to pregnancy, childbirth, breastfeeding, and parenting;
(4) if pregnant or has given birth in the past six weeks, has access to doula services if these services are provided by a certified doula without charge to the correctional facility or the incarcerated woman pays for the certified doula services;
(5) if pregnant or has given birth in the past six months, has access to a mental health assessment and, if necessary, treatment;
(6) if pregnant or has given birth in the past six months and determined to be suffering from a mental illness, has access to evidence-based mental health treatment including psychotropic medication;
(7) if pregnant or has given birth in the past six months and determined to be suffering from postpartum depression, has access to evidence-based therapeutic care for the depression; and
(8) if pregnant or has given birth in the past six months, is advised, orally or in writing, of applicable laws and policies governing incarcerated pregnant women.
EFFECTIVE
DATE. This section is
effective July 1, 2015.
Sec. 6. Minnesota Statutes 2014, section 244.05, is amended by adding a subdivision to read:
Subd. 1d. Electronic
surveillance. (a) If the
commissioner orders electronic surveillance of an inmate placed on supervised
release, the commissioner may require that the inmate be kept in custody, or
that the inmate's probation agent, or the agent's designee, directly supervise
the offender until electronic surveillance is activated.
(b) It is the responsibility of the
inmate placed on electronic surveillance to ensure that the inmate's residence
is properly equipped and the inmate's telecommunications system is properly
configured to support electronic surveillance prior to being released from
custody or the direct supervision of a probation agent. An inmate who fails to comply with this
paragraph may be found in violation of the inmate's conditions of release after
a revocation hearing.
Sec. 7. Minnesota Statutes 2014, section 244.15, subdivision 6, is amended to read:
Subd. 6. Electronic
surveillance. (a) During any
phase, the offender may be placed on electronic surveillance if the intensive
supervision agent so directs. If
electronic surveillance is directed during phase I, the commissioner must
require that the inmate be kept in custody, or that the inmate's intensive
supervised release agent, or the agent's designee, directly supervise the
offender until electronic surveillance is activated.
(b) It is the responsibility of the
inmate placed on electronic surveillance to ensure that the inmate's residence
is properly equipped and the inmate's telecommunications system is properly
configured to support electronic surveillance prior to being released from
custody or the direct supervision of an intensive supervised release agent. An inmate who fails to comply with this
paragraph may be found in violation of the inmate's conditions of release after
a revocation hearing.
Sec. 8. Minnesota Statutes 2014, section 260B.198, is amended by adding a subdivision to read:
Subd. 13. Electronic
surveillance. (a) If a court
orders a juvenile adjudicated delinquent to serve any portion of the juvenile's
disposition on electronic surveillance, the court may require that the juvenile
be kept in custody, or that the juvenile's probation agent directly supervise
the juvenile until electronic surveillance is activated.
(b) It is the responsibility of the
parent or guardian of the juvenile placed on electronic surveillance to ensure
that the juvenile's residence is properly equipped and the residence's
telecommunications system is properly configured to support electronic
surveillance prior to the juvenile being released from custody or the direct
supervision of a probation agent.
Sec. 9. Minnesota Statutes 2014, section 401.10, subdivision 1, is amended to read:
Subdivision 1. Aid calculations. To determine the community corrections aid amount to be paid to each participating county, the commissioner of corrections must apply the following formula:
(1) For each of the 87 counties in the state, a percent score must be calculated for each of the following five factors:
(i) percent of the total state population aged ten to 24 residing within the county according to the most recent federal census, and, in the intervening years between the taking of the federal census, according to the most recent estimate of the state demographer;
(ii) percent of the statewide total number of felony case filings occurring within the county, as determined by the state court administrator;
(iii) percent of the statewide total number of juvenile case filings occurring within the county, as determined by the state court administrator;
(iv) percent of the statewide total number of gross misdemeanor case filings occurring within the county, as determined by the state court administrator; and
(v) percent of the total statewide number of convicted felony offenders who did not receive an executed prison sentence, as monitored and reported by the Sentencing Guidelines Commission.
The percents in items (ii) to (v) must be calculated by combining the most recent three-year period of available data. The percents in items (i) to (v) each must sum to 100 percent across the 87 counties.
(2) For each of the 87 counties, the county's percents in clause (1), items (i) to (v), must be weighted, summed, and divided by the sum of the weights to yield an average percent for each county, referred to as the county's "composite need percent." When performing this calculation, the weight for each of the percents in clause (1), items (i) to (v), is 1.0. The composite need percent must sum to 100 percent across the 87 counties.
(3) For each of the 87 counties, the county's "adjusted net tax capacity percent" is the county's adjusted net tax capacity amount, defined in the same manner as it is defined for cities in section 477A.011, subdivision 20, divided by the statewide total adjusted net tax capacity amount. The adjusted net tax capacity percent must sum to 100 percent across the 87 counties.
(4) For each of the 87 counties, the county's composite need percent must be divided by the county's adjusted net tax capacity percent to produce a ratio that, when multiplied by the county's composite need percent, results in the county's "tax base adjusted need percent."
(5) For each of the 87 counties, the county's tax base adjusted need percent must be added to twice the composite need percent, and the sum must be divided by 3, to yield the county's "weighted need percent."
(6) Each participating county's weighted need percent must be added to the weighted need percent of each other participating county to yield the "total weighted need percent for participating counties."
(7) Each participating county's weighted need percent must be divided by the total weighted need percent for participating counties to yield the county's "share percent." The share percents for participating counties must sum to 100 percent.
(8) Each participating county's "base funding amount" is the aid amount that the county received under this section for fiscal year 1995 plus the amount received in caseload or workload reduction, felony caseload reduction, and sex offender supervision grants in fiscal year 2015, as reported by the commissioner of corrections. In fiscal year 1997 and thereafter, no county's aid amount under this section may be less than its base funding amount, provided that the total amount appropriated for this purpose is at least as much as the aggregate base funding amount defined in clause (9).
(9) The "aggregate base funding
amount" is equal to the sum of the base funding amounts for all
participating counties. If a county that
participated under this section during fiscal year 1995 chooses not to
participate in any given year, then the aggregate base funding amount must be
reduced by that county's base funding amount.
If a county that did not participate under this section in fiscal year
1995 chooses to participate in any given year on or after July 1,
2015, then the aggregate base funding amount must be increased by the
amount of aid that the county would have received had it participated in fiscal
year 1995 plus the estimated amount it would have received in caseload or
workload reduction, felony caseload reduction, and sex offender supervision
grants in fiscal year 2015, as reported by the commissioner of corrections,
and the amount of increase shall be that county's base funding amount.
(10) In any given year, the total amount appropriated for this purpose first must be allocated to participating counties in accordance with each county's base funding amount. Then, any remaining amount in excess of the aggregate base funding amount must be allocated to participating counties in proportion to each county's share percent, and is referred to as the county's "formula amount."
Each participating county's "community corrections aid amount" equals the sum of (i) the county's base funding amount, and (ii) the county's formula amount.
(11) However, if in any year the total amount appropriated for the purpose of this section is less than the aggregate base funding amount, then each participating county's community corrections aid amount is the product of (i) the county's base funding amount multiplied by (ii) the ratio of the total amount appropriated to the aggregate base funding amount.
For each participating county, the county's community corrections aid amount calculated in this subdivision is the total amount of subsidy to which the county is entitled under sections 401.01 to 401.16.
Sec. 10. Minnesota Statutes 2014, section 631.461, is amended to read:
631.461
IMPRISONMENT; COUNTY JAIL; ALTERNATIVES.
(a) When a sentence for an offense includes imprisonment in a county jail, the court may sentence the offender to imprisonment in a workhouse or correctional or work farm if there is one in the county where the offender is tried or where the offense was committed. If not, the court may sentence the offender to imprisonment in a workhouse or correctional or work farm in any county in this state. However, the county board of the county where the offender is tried shall have some agreement for the receipt, maintenance, and confinement of inmates with the county where the offender has been sentenced to imprisonment. The place of imprisonment must be specified in the sentence. Inmates may be removed from one place of confinement to another as provided by statute.
(b) If a court orders or a sheriff
permits an offender to serve any portion of the offender's sentence on
electronic surveillance, the court or sheriff may require that the offender be
kept in custody, or that the offender's probation agent directly supervise the
offender until electronic surveillance is activated.
(c) It is the responsibility of the
offender placed on electronic surveillance to ensure that the offender's
residence is properly equipped and the offender's telecommunications system is
properly configured to support electronic surveillance prior to being released
from custody or the direct supervision of a probation agent. An offender who fails to comply with this
paragraph may be found in violation of the offender's conditions of release
after a revocation hearing.
Sec. 11. SHERBURNE
COUNTY COMMUNITY SUPERVISION GRANT.
Notwithstanding Minnesota Statutes,
section 401.10, subdivision 2, any state funds appropriated in fiscal year 2015
for community supervision in Sherburne County that are unallocated after funds
are transferred under the Community Corrections Act formula to fund Sherburne
County's participation in the act shall be transferred by the commissioner to
Sherburne County in the form of a caseload and workload reduction grant.
Sec. 12. COLTON'S
LAW.
Sections 6, 7, 8, 10, and 13 shall be
known as "Colton's Law."
Sec. 13. ELECTRONIC
SURVEILLANCE; PURPOSE STATEMENT.
The purpose of electronic surveillance
of adult and juvenile offenders is to provide a cost-effective alternative to
incarceration or detention for deserving low-risk offenders. It is a privilege for an adult or juvenile
offender to be placed on electronic surveillance in lieu of remaining in
custody to complete a period of incarceration or detention. The parties who authorize and implement
electronic surveillance shall take all reasonable precautions to protect public
safety.
ARTICLE 6
GENERAL CRIMINAL PROVISION
Section 1. Minnesota Statutes 2014, section 13.82, subdivision 17, is amended to read:
Subd. 17. Protection of identities. A law enforcement agency or a law enforcement dispatching agency working under direction of a law enforcement agency shall withhold public access to data on individuals to protect the identity of individuals in the following circumstances:
(a) when access to the data would reveal the identity of an undercover law enforcement officer, as provided in section 13.43, subdivision 5;
(b) when access to the data would reveal
the identity of a victim or alleged victim of criminal sexual conduct or of
a violation of sex trafficking under section 609.322, 609.341 to
609.3451, or 617.246, subdivision 2;
(c) when access to the data would reveal the identity of a paid or unpaid informant being used by the agency if the agency reasonably determines that revealing the identity of the informant would threaten the personal safety of the informant;
(d) when access to the data would reveal the identity of a victim of or witness to a crime if the victim or witness specifically requests not to be identified publicly, unless the agency reasonably determines that revealing the identity of the victim or witness would not threaten the personal safety or property of the individual;
(e) when access to the data would reveal the identity of a deceased person whose body was unlawfully removed from a cemetery in which it was interred;
(f) when access to the data would reveal the identity of a person who placed a call to a 911 system or the identity or telephone number of a service subscriber whose phone is used to place a call to the 911 system and: (1) the agency determines that revealing the identity may threaten the personal safety or property of any person; or (2) the object of the call is to receive help in a mental health emergency. For the purposes of this paragraph, a voice recording of a call placed to the 911 system is deemed to reveal the identity of the caller;
(g) when access to the data would reveal the identity of a juvenile witness and the agency reasonably determines that the subject matter of the investigation justifies protecting the identity of the witness; or
(h) when access to the data would reveal the identity of a mandated reporter under section 609.456, 626.556, or 626.557.
Data concerning individuals whose identities are protected by this subdivision are private data about those individuals. Law enforcement agencies shall establish procedures to acquire the data and make the decisions necessary to protect the identity of individuals described in clauses (c), (d), (f), and (g).
Sec. 2. Minnesota Statutes 2014, section 169.13, subdivision 1, is amended to read:
Subdivision 1. Reckless
driving. (a) Any person who
drives any vehicle in such a manner as to indicate either a willful or a wanton
disregard for the safety of persons or property is guilty of reckless driving
and such reckless driving is a misdemeanor A person who drives a motor
vehicle while aware of and consciously disregarding a substantial and
unjustifiable risk that the driving may result in harm to another or another's
property is guilty of reckless driving. The
risk must be of such a nature and degree that disregard of it constitutes a
significant deviation from the standard of conduct that a reasonable person
would observe in the situation.
(b) A person shall not race any vehicle upon any street or highway of this state. Any person who willfully compares or contests relative speeds by operating one or more vehicles is guilty of racing, which constitutes reckless driving, whether or not the speed contested or compared is in excess of the maximum speed prescribed by law.
(c) A person who violates paragraph (a)
or (b) is guilty of a misdemeanor. A
person who violates paragraph (a) or (b) and causes great bodily harm or death
to another is guilty of a gross misdemeanor.
(d) For purposes of this section,
"great bodily harm" has the meaning given in section 609.02,
subdivision 8.
EFFECTIVE DATE. This section is effective August 1, 2015, and
applies to crimes committed on or after that date.
Sec. 3. Minnesota Statutes 2014, section 169.13, subdivision 3, is amended to read:
Subd. 3. Application. (a) The provisions of this section apply, but are not limited in application, to any person who drives any vehicle in the manner prohibited by this section:
(1) upon the ice of any lake, stream, or river, including but not limited to the ice of any boundary water; or
(2) in a parking lot ordinarily used by or available to the public though not as a matter of right, and a driveway connecting the parking lot with a street or highway.
(b) This section does not apply to:
(1) an authorized emergency vehicle, when responding to an emergency call or when in pursuit of an actual or suspected violator;
(2) the emergency operation of any vehicle when avoiding imminent danger; or
(3) any raceway, racing facility, or other public event sanctioned by the appropriate governmental authority.
(c) Nothing in this section or section
609.035 or 609.04 shall limit the power of the state to prosecute or punish a
person for conduct that constitutes any other crime under any other law of this
state.
EFFECTIVE DATE. This section is effective August 1, 2015, and
applies to crimes committed on or after that date.
Sec. 4. Minnesota Statutes 2014, section 169.475, subdivision 2, is amended to read:
Subd. 2. Prohibition on use; penalty. (a) No person may operate a motor vehicle while using a wireless communications device to compose, read, or send an electronic message, when the vehicle is in motion or a part of traffic.
(b)
A person who is convicted of a second or subsequent violation under this
section must pay a fine of $150 plus the amount specified in the uniform fine
schedule established by the Judicial Council.
EFFECTIVE
DATE. This section is
effective August 1, 2015, and applies to violations committed on or after that
date.
Sec. 5. Minnesota Statutes 2014, section 169A.03, subdivision 3, is amended to read:
Subd. 3. Aggravating factor. "Aggravating factor" includes:
(1) a qualified prior impaired driving incident within the ten years immediately preceding the current offense;
(2) having an alcohol concentration of 0.20
0.16 or more as measured at the time, or within two hours of the time,
of the offense; or
(3) having a child under the age of 16 in the motor vehicle at the time of the offense if the child is more than 36 months younger than the offender.
EFFECTIVE DATE. This section is effective August 1, 2015, and
applies to crimes committed on or after that date.
Sec. 6. Minnesota Statutes 2014, section 169A.07, is amended to read:
169A.07
FIRST-TIME DWI VIOLATOR; OFF-ROAD VEHICLE OR BOAT.
A person who violates section 169A.20
(driving while impaired) while using an off-road recreational vehicle or
motorboat and who does not have a qualified prior impaired driving incident is
subject only to the criminal penalty provided in section 169A.25 (second-degree
driving while impaired), 169A.26 (third-degree driving while impaired), or
169A.27 (fourth-degree driving while impaired); and loss of operating
privileges as provided in section 84.91, subdivision 1 (operation of
snowmobiles or all-terrain vehicles by persons under the influence of alcohol or
controlled substances), or 86B.331, subdivision 1 (operation of motorboats
while using alcohol or with a physical or mental disability), whichever is
applicable. The person is not subject to
the provisions of section 169A.275, subdivision 5, (submission to the level of
care recommended in chemical use assessment for repeat offenders and offenders
with alcohol concentration of 0.20 0.16 or more); 169A.277
(long-term monitoring); 169A.285 (penalty assessment); 169A.44 (conditional
release); 169A.54 (impaired driving convictions and adjudications;
administrative penalties); or 169A.54, subdivision 11 (chemical use
assessment); the license revocation sanctions of sections 169A.50 to 169A.53
(implied consent law); or the plate impoundment provisions of section 169A.60
(administrative impoundment of plates).
EFFECTIVE DATE. This section is effective August 1, 2015, and
applies to crimes committed on or after that date.
Sec. 7. Minnesota Statutes 2014, section 169A.275, subdivision 5, is amended to read:
Subd. 5. Level
of care recommended in chemical use assessment.
Unless the court commits the person to the custody of the
commissioner of corrections as provided in section 169A.276 (mandatory
penalties; felony violations), in addition to other penalties required under
this section, the court shall order a person to submit to the level of care
recommended in the chemical use assessment conducted under section 169A.70
(alcohol safety program; chemical use assessments) if the person is convicted
of violating section 169A.20 (driving while impaired) while having an alcohol
concentration of 0.20 0.16 or more as measured at the time, or
within two hours of the time, of the offense or if the violation occurs within
ten years of one or more qualified prior impaired driving incidents.
EFFECTIVE DATE. This section is effective August 1, 2015, and
applies to crimes committed on or after that date.
Sec. 8. Minnesota Statutes 2014, section 169A.285, subdivision 1, is amended to read:
Subdivision 1. Authority;
amount. When a court sentences a
person who violates section 169A.20 (driving while impaired) while having an
alcohol concentration of 0.20 0.16 or more as measured at the
time, or within two hours of the time, of the violation, the court may impose a
penalty assessment of up to $1,000. The
court may impose this assessment in addition to any other penalties or charges
authorized under law.
EFFECTIVE DATE. This section is effective August 1, 2015, and
applies to crimes committed on or after that date.
Sec. 9. Minnesota Statutes 2014, section 169A.46, subdivision 1, is amended to read:
Subdivision 1. Impairment
occurred after driving ceased. If
proven by a preponderance of the evidence, it is an affirmative defense to a
violation of section 169A.20, subdivision 1, clause (5); 1a, clause (5); 1b,
clause (5); or 1c, clause (5) (driving while impaired, alcohol concentration
within two hours of driving), or 169A.20 by a person having an alcohol
concentration of 0.20 0.16 or more as measured at the time, or
within two hours of the time, of the offense, that the defendant consumed a
sufficient quantity of alcohol after the time of the violation and before the
administration of the evidentiary test to cause the defendant's alcohol
concentration to exceed the level specified in the applicable clause. Evidence that the defendant consumed alcohol
after the time of the violation may not be admitted in defense to any alleged
violation of section 169A.20, unless notice is given to the prosecution prior
to the omnibus or pretrial hearing in the matter.
EFFECTIVE DATE. This section is effective August 1, 2015, and
applies to crimes committed on or after that date.
Sec. 10. Minnesota Statutes 2014, section 169A.53, subdivision 3, is amended to read:
Subd. 3. Judicial hearing; issues, order, appeal. (a) A judicial review hearing under this section must be before a district judge in any county in the judicial district where the alleged offense occurred. The hearing is to the court and may be conducted at the same time and in the same manner as hearings upon pretrial motions in the criminal prosecution under section 169A.20 (driving while impaired), if any. The hearing must be recorded. The commissioner shall appear and be represented by the attorney general or through the prosecuting authority for the jurisdiction involved. The hearing must be held at the earliest practicable date, and in any event no later than 60 days following the filing of the petition for review. The judicial district administrator shall establish procedures to ensure efficient compliance with this subdivision. To accomplish this, the administrator may, whenever possible, consolidate and transfer review hearings among the locations within the judicial district where terms of district court are held.
(b) The scope of the hearing is limited to
the issues in clauses (1) to (10) (11):
(1) Did the peace officer have probable cause to believe the person was driving, operating, or in physical control of a motor vehicle or commercial motor vehicle in violation of section 169A.20 (driving while impaired)?
(2) Was the person lawfully placed under arrest for violation of section 169A.20?
(3) Was the person involved in a motor vehicle accident or collision resulting in property damage, personal injury, or death?
(4) Did the person refuse to take a screening test provided for by section 169A.41 (preliminary screening test)?
(5) If the screening test was administered, did the test indicate an alcohol concentration of 0.08 or more?
(6) At the time of the request for the test, did the peace officer inform the person of the person's rights and the consequences of taking or refusing the test as required by section 169A.51, subdivision 2?
(7) Did the person refuse to permit the test?
(8) If a test was taken by a person driving, operating, or in physical control of a motor vehicle, did the test results indicate at the time of testing:
(i) an alcohol concentration of 0.08 or more; or
(ii) the presence of a controlled substance listed in Schedule I or II or its metabolite, other than marijuana or tetrahydrocannabinols?
(9) If a test was taken by a person driving, operating, or in physical control of a commercial motor vehicle, did the test results indicate an alcohol concentration of 0.04 or more at the time of testing?
(10) Was the testing method used valid and reliable and were the test results accurately evaluated?
(11) Did the person prove the defense
of necessity?
(c) It is an affirmative defense for the petitioner to prove that, at the time of the refusal, the petitioner's refusal to permit the test was based upon reasonable grounds.
(d) Certified or otherwise authenticated copies of laboratory or medical personnel reports, records, documents, licenses, and certificates are admissible as substantive evidence.
(e) The court shall order that the revocation or disqualification be either rescinded or sustained and forward the order to the commissioner. The court shall file its order within 14 days following the hearing. If the revocation or disqualification is sustained, the court shall also forward the person's driver's license or permit to the commissioner for further action by the commissioner if the license or permit is not already in the commissioner's possession.
(f) Any party aggrieved by the decision of the reviewing court may appeal the decision as provided in the Rules of Appellate Procedure.
(g) The civil hearing under this section shall not give rise to an estoppel on any issues arising from the same set of circumstances in any criminal prosecution.
(h) It is an affirmative defense for
the petitioner to prove a necessity.
Sec. 11. Minnesota Statutes 2014, section 243.166, subdivision 1b, is amended to read:
Subd. 1b. Registration required. (a) A person shall register under this section if:
(1) the person was charged with or petitioned for a felony violation of or attempt to violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances:
(i) murder under section 609.185, paragraph (a), clause (2);
(ii) kidnapping under section 609.25;
(iii)
criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345;
609.3451, subdivision 3; or 609.3453; or
(iv) indecent exposure under section
617.23, subdivision 3; or
(v) interference with privacy under
section 609.746, subdivision 1a;
(2) the person was charged with or
petitioned for a violation of, or attempt to violate, or aiding, abetting, or
conspiring to commit criminal abuse in violation of section 609.2325,
subdivision 1, paragraph (b); false imprisonment in violation of section 609.255,
subdivision 2; solicitation, inducement, or promotion of the
prostitution of a minor or engaging in the or sex trafficking of
a minor in violation of section 609.322; a prostitution offense involving a
minor under the age of 13 years in violation of section 609.324,
subdivision 1, paragraph (a); soliciting a minor to engage in sexual
conduct in violation of section 609.352, subdivision 2 or 2a, clause (1); using
a minor in a sexual performance in violation of section 617.246; or possessing
pornographic work involving a minor in violation of section 617.247, and
convicted of or adjudicated delinquent for that offense or another offense
arising out of the same set of circumstances;
(3) the person was sentenced as a patterned sex offender under section 609.3455, subdivision 3a; or
(4) the person was charged with or petitioned for, including pursuant to a court martial, violating a law of the United States, including the Uniform Code of Military Justice, similar to the offenses described in clause (1), (2), or (3), and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances.
(b) A person also shall register under this section if:
(1) the person was charged with or petitioned for an offense in another state that would be a violation of a law described in paragraph (a) if committed in this state and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances;
(2) the person enters this state to reside, work, or attend school, or enters this state and remains for 14 days or longer; and
(3) ten years have not elapsed since the person was released from confinement or, if the person was not confined, since the person was convicted of or adjudicated delinquent for the offense that triggers registration, unless the person is subject to a longer registration period under the laws of another state in which the person has been convicted or adjudicated, or is subject to lifetime registration.
If a person described in this paragraph is subject to a longer registration period in another state or is subject to lifetime registration, the person shall register for that time period regardless of when the person was released from confinement, convicted, or adjudicated delinquent.
(c) A person also shall register under this section if the person was committed pursuant to a court commitment order under Minnesota Statutes 2012, section 253B.185, chapter 253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state or the United States, regardless of whether the person was convicted of any offense.
(d) A person also shall register under this section if:
(1) the person was charged with or petitioned for a felony violation or attempt to violate any of the offenses listed in paragraph (a), clause (1), or a similar law of another state or the United States, or the person was charged with or petitioned for a violation of any of the offenses listed in paragraph (a), clause (2), or a similar law of another state or the United States;
(2) the person was found not guilty by reason of mental illness or mental deficiency after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in states with a guilty but mentally ill verdict; and
(3) the person was committed pursuant to a court commitment order under section 253B.18 or a similar law of another state or the United States.
EFFECTIVE DATE. This section is effective August 1, 2015, and
applies to crimes committed on or after that date.
Sec. 12. Minnesota Statutes 2014, section 609.1095, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) As used in this section, the following terms have the meanings given.
(b) "Conviction" means any of the following accepted and recorded by the court: a plea of guilty, a verdict of guilty by a jury, or a finding of guilty by the court. The term includes a conviction by any court in Minnesota or another jurisdiction.
(c) "Prior conviction" means a conviction that occurred before the offender committed the next felony resulting in a conviction and before the offense for which the offender is being sentenced under this section.
(d) "Violent crime" means a violation of or an attempt or conspiracy to violate any of the following laws of this state or any similar laws of the United States or any other state: sections 152.137; 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 609.2112; 609.2113; 609.2114; 609.221; 609.222; 609.223; 609.228; 609.235; 609.24; 609.245; 609.25; 609.255; 609.2661; 609.2662; 609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268; 609.322; 609.342; 609.343; 609.344; 609.345; 609.498, subdivision 1; 609.561; 609.562; 609.582, subdivision 1; 609.66, subdivision 1e; 609.687; and 609.855, subdivision 5; any provision of sections 609.229; 609.377; 609.378; 609.749; and 624.713 that is punishable by a felony penalty; or any provision of chapter 152 that is punishable by a maximum sentence of 15 years or more; or Minnesota Statutes 2012, section 609.21.
EFFECTIVE DATE. This section is effective August 1, 2015, and
applies to crimes committed on or after that date.
Sec. 13. Minnesota Statutes 2014, section 609.2111, is amended to read:
609.2111
DEFINITIONS.
(a) For
purposes of sections 609.2111 to 609.2114, the terms defined in this
subdivision have the meanings given them.
(b) "Motor vehicle" has the meaning given in section 609.52, subdivision 1, and includes attached trailers.
(c) "Controlled substance" has the meaning given in section 152.01, subdivision 4.
(d) "Hazardous substance" means any chemical or chemical compound that is listed as a hazardous substance in rules adopted under chapter 182.
(e) "Qualified prior driving
offense" includes a prior conviction:
(1) for a violation of section 169A.20
under the circumstances described in section 169A.24, 169A.25, or 169A.26;
(2) for a violation of section 169A.20 under the circumstances described in section 169A.27 and involving damage to property;
(3)
for a violation of section 169.13 involving damage to property or resulting in
bodily harm to or the death of another;
(4) under section 609.2112, subdivision
1, paragraph (a), clauses (2) to (6); 609.2113, subdivision 1, clauses (2) to
(6); 2, clauses (2) to (6); or 3, clauses (2) to (6); or 609.2114, subdivision
1, paragraph (a), clauses (2) to (6);
(5) under Minnesota Statutes 2012,
section 609.21, subdivision 1, clauses (2) to (6); or
(6) under Minnesota Statutes 2006,
section 609.21, subdivision 1, clauses (2) to (6); 2, clauses (2) to (6); 2a,
clauses (2) to (6); 2b, clauses (2) to (6); 3, clauses (2) to (6); or 4,
clauses (2) to (6).
EFFECTIVE DATE. This section is effective August 1, 2015, and
applies to crimes committed on or after that date.
Sec. 14. Minnesota Statutes 2014, section 609.2112, subdivision 1, is amended to read:
Subdivision 1. Criminal vehicular homicide. (a) Except as provided in paragraph (b), a person is guilty of criminal vehicular homicide and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both, if the person causes the death of a human being not constituting murder or manslaughter as a result of operating a motor vehicle:
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of:
(i) alcohol;
(ii) a controlled substance; or
(iii) any combination of those elements;
(3) while having an alcohol concentration of 0.08 or more;
(4) while having an alcohol concentration of 0.08 or more, as measured within two hours of the time of driving;
(5) in a negligent manner while knowingly under the influence of a hazardous substance;
(6) in a negligent manner while any amount of a controlled substance listed in Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is present in the person's body;
(7) where the driver who causes the collision leaves the scene of the collision in violation of section 169.09, subdivision 1 or 6; or
(8) where the driver had actual knowledge that a peace officer had previously issued a citation or warning that the motor vehicle was defectively maintained, the driver had actual knowledge that remedial action was not taken, the driver had reason to know that the defect created a present danger to others, and the death was caused by the defective maintenance.
(b) If a person is sentenced under
paragraph (a) for a violation under paragraph (a), clauses (2) to (6),
occurring within ten years of a qualified prior driving offense, the statutory
maximum sentence of imprisonment is 15 years.
EFFECTIVE DATE. This section is effective August 1, 2015, and
applies to crimes committed on or after that date.
Sec. 15. Minnesota Statutes 2014, section 609.2114, subdivision 1, is amended to read:
Subdivision 1. Death to an unborn child. (a) Except as provided in paragraph (b), a person is guilty of criminal vehicular operation resulting in death to an unborn child and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both, if the person causes the death of an unborn child as a result of operating a motor vehicle:
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of:
(i) alcohol;
(ii) a controlled substance; or
(iii) any combination of those elements;
(3) while having an alcohol concentration of 0.08 or more;
(4) while having an alcohol concentration of 0.08 or more, as measured within two hours of the time of driving;
(5) in a negligent manner while knowingly under the influence of a hazardous substance;
(6) in a negligent manner while any amount of a controlled substance listed in Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is present in the person's body;
(7) where the driver who causes the accident leaves the scene of the accident in violation of section 169.09, subdivision 1 or 6; or
(8) where the driver had actual knowledge that a peace officer had previously issued a citation or warning that the motor vehicle was defectively maintained, the driver had actual knowledge that remedial action was not taken, the driver had reason to know that the defect created a present danger to others, and the injury was caused by the defective maintenance.
(b) If a person is sentenced under
paragraph (a) for a violation under paragraph (a), clauses (2) to (6),
occurring within ten years of a qualified prior driving offense, the statutory
maximum sentence of imprisonment is 15 years.
EFFECTIVE DATE. This section is effective August 1, 2015, and
applies to crimes committed on or after that date.
Sec. 16. Minnesota Statutes 2014, section 609.2231, subdivision 3a, is amended to read:
Subd. 3a. Secure
treatment facility personnel. (a) As
used in this subdivision, "secure treatment facility" has the meaning given includes facilities listed in section
sections 253B.02, subdivision 18a, and 253D.02, subdivision 13.
(b) Whoever, while committed under chapter 253D, Minnesota Statutes 2012, section 253B.185, or Minnesota Statutes 1992, section 526.10, commits either of the following acts against an employee or other individual who provides care or treatment at a secure treatment facility while the person is engaged in the performance of a duty imposed by law, policy, or rule is guilty of a felony and may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $4,000, or both:
(1) assaults the person and inflicts demonstrable bodily harm; or
(2) intentionally throws or otherwise transfers bodily fluids or feces at or onto the person.
(c) Whoever, while committed under
section 253B.18, or admitted under the provision of section 253B.10,
subdivision 1, commits either of the following acts against an employee or
other individual who supervises and works directly with patients at a secure
treatment facility while the person is engaged in the performance of a duty
imposed by law, policy, or rule is guilty of a felony and may be sentenced to
imprisonment for not more than two years or to payment of a fine of not more
than $4,000, or both:
(1) assaults the person and inflicts
demonstrable bodily harm; or
(2) intentionally throws or otherwise
transfers bodily fluids or feces at or onto the person.
(c) (d) The court shall
commit a person convicted of violating paragraph (b) this subdivision
to the custody of the commissioner of corrections for not less than one year
and one day. The court may not, on its
own motion or the prosecutor's motion, sentence a person without regard to this
paragraph. A person convicted and
sentenced as required by this paragraph is not eligible for probation, parole,
discharge, work release, or supervised release, until that person has served
the full term of imprisonment as provided by law, notwithstanding the
provisions of sections 241.26, 242.19, 243.05, 244.04, 609.12, and 609.135.
(d) (e) Notwithstanding the
statutory maximum sentence provided in paragraph (b) this subdivision,
when a court sentences a person to the custody of the commissioner of
corrections for a violation of paragraph (b) this subdivision,
the court shall provide that after the person has been released from prison,
the commissioner shall place the person on conditional release for five years. The terms of conditional release are governed
by sections 244.05 and 609.3455, subdivision 6, 7, or 8; and Minnesota Statutes
2004, section 609.109.
EFFECTIVE DATE. This section is effective August 1, 2015, and
applies to crimes committed on or after that date.
Sec. 17. Minnesota Statutes 2014, section 609.2232, is amended to read:
609.2232
CONSECUTIVE SENTENCES FOR ASSAULTS COMMITTED BY STATE PRISON OR PUBLIC
INSTITUTION INMATES.
If an inmate of a state correctional facility or an inmate receiving medical assistance services while an inpatient in a medical institution under section 256B.055, subdivision 14, paragraph (c), is convicted of violating section 609.221, 609.222, 609.223, 609.2231, or 609.224, while confined in the facility or while in the medical institution, the sentence imposed for the assault shall be executed and run consecutively to any unexpired portion of the offender's earlier sentence. The inmate is not entitled to credit against the sentence imposed for the assault for time served in confinement for the earlier sentence. The inmate shall serve the sentence for the assault in a state correctional facility even if the assault conviction was for a misdemeanor or gross misdemeanor.
EFFECTIVE DATE. This section is effective August 1, 2015, and
applies to crimes committed on or after that date.
Sec. 18. Minnesota Statutes 2014, section 609.324, subdivision 1, is amended to read:
Subdivision 1. Engaging in, hiring, or agreeing to hire minor to engage in prostitution; penalties. (a) Whoever intentionally does any of the following may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $40,000, or both:
(1) engages in prostitution with an individual under the age of 13 years; or
(2) hires or offers or agrees to hire an individual under the age of 13 years to engage in sexual penetration or sexual contact.
(b) Whoever intentionally does any of the following may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both:
(1) engages in prostitution with an individual under the age of 16 years but at least 13 years; or
(2) hires or offers or agrees to hire an individual under the age of 16 years but at least 13 years to engage in sexual penetration or sexual contact.
(c) Whoever intentionally does any of the following may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both:
(1) engages in prostitution with an
individual under the age of 18 years but at least 16 years; or
(2) hires or offers or agrees to hire an
individual under the age of 18 years but at least 16 years to engage in sexual
penetration or sexual contact; or
(3) hires or offers or agrees to hire an individual who the actor reasonably believes to be under the age of 18 years to engage in sexual penetration or sexual contact.
EFFECTIVE DATE. This section is effective August 1, 2015, and
applies to crimes committed on or after that date.
Sec. 19. Minnesota Statutes 2014, section 609.325, is amended by adding a subdivision to read:
Subd. 3a. No defense; undercover operative. The fact that an undercover operative
or law enforcement officer was involved in the detection or investigation of an
offense shall not be a defense to a prosecution under section 609.324.
EFFECTIVE DATE. This section is effective August 1, 2015, and
applies to crimes committed on or after that date.
Sec. 20. Minnesota Statutes 2014, section 609.325, subdivision 4, is amended to read:
Subd. 4. Affirmative
defense. It is an affirmative
defense to a charge under section 609.324, subdivision 6 or 7, if the
defendant proves by a preponderance of the evidence that the defendant is a
labor trafficking victim, as defined in section 609.281, or a sex trafficking
victim, as defined in section 609.321, and that the defendant committed the act
only under compulsion by another who by explicit or implicit threats created a
reasonable apprehension in the mind of the
defendant that if the defendant did not commit the act, the person would
inflict bodily harm upon the defendant acts underlying the charge as a result of being a labor trafficking
or sex trafficking victim.
Sec. 21. Minnesota Statutes 2014, section 609.3451, subdivision 1, is amended to read:
Subdivision 1. Crime defined. A person is guilty of criminal sexual conduct in the fifth degree:
(1) if the person engages in nonconsensual sexual contact; or
(2) the person engages in masturbation or lewd exhibition of the genitals in the presence of a minor under the age of 16, knowing or having reason to know the minor is present.
For
purposes of this section, "sexual contact" has the meaning given in
section 609.341, subdivision 11, paragraph (a), clauses (i) and, (iv),
and (v), but does not include the intentional touching of the clothing
covering the immediate area of the buttocks.
Sexual contact also includes the intentional removal or attempted
removal of clothing covering the complainant's intimate parts or undergarments,
and the nonconsensual touching by the complainant
of the actor's intimate parts, effected by the actor, if the action is
performed with sexual or aggressive intent.
EFFECTIVE DATE. This section is effective August 1, 2015, and
applies to crimes committed on or after that date.
Sec. 22. Minnesota Statutes 2014, section 609.3471, is amended to read:
609.3471
RECORDS PERTAINING TO VICTIM IDENTITY CONFIDENTIAL.
Notwithstanding any provision of law to the contrary, no data contained in records or reports relating to petitions, complaints, or indictments issued pursuant to section 609.322, 609.342, 609.343, 609.344, 609.345, or 609.3453, which specifically identifies a victim who is a minor shall be accessible to the public, except by order of the court. Nothing in this section authorizes denial of access to any other data contained in the records or reports, including the identity of the defendant.
Sec. 23. Minnesota Statutes 2014, section 609.531, subdivision 1, is amended to read:
Subdivision 1. Definitions. For the purpose of sections 609.531 to 609.5318, the following terms have the meanings given them.
(a) "Conveyance device" means a device used for transportation and includes, but is not limited to, a motor vehicle, trailer, snowmobile, airplane, and vessel and any equipment attached to it. The term "conveyance device" does not include property which is, in fact, itself stolen or taken in violation of the law.
(b) "Weapon used" means a dangerous weapon as defined under section 609.02, subdivision 6, that the actor used or had in possession in furtherance of a crime.
(c) "Property" means property as defined in section 609.52, subdivision 1, clause (1).
(d) "Contraband" means property which is illegal to possess under Minnesota law.
(e) "Appropriate agency" means the Bureau of Criminal Apprehension, the Department of Commerce Fraud Bureau, the Minnesota Division of Driver and Vehicle Services, the Minnesota State Patrol, a county sheriff's department, the Three Rivers Park District park rangers, the Department of Natural Resources Division of Enforcement, the University of Minnesota Police Department, the Department of Corrections Fugitive Apprehension Unit, a city, metropolitan transit, or airport police department; or a multijurisdictional entity established under section 299A.642 or 299A.681.
(f) "Designated offense" includes:
(1) for weapons used: any violation of this chapter, chapter 152 or 624;
(2) for driver's license or identification card transactions: any violation of section 171.22; and
(3) for all other purposes: a felony violation of, or a felony-level attempt or conspiracy to violate, section 325E.17; 325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222; 609.223; 609.2231; 609.2335; 609.24; 609.245; 609.25; 609.255; 609.282; 609.283; 609.322; 609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to (e), and (h) to (j); 609.345, subdivision 1,
clauses (a) to (e), and (h) to (j); 609.352; 609.42; 609.425; 609.466; 609.485; 609.487; 609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 609.561; 609.562; 609.563; 609.582; 609.59; 609.595; 609.611; 609.631; 609.66, subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and 12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893; 609.895; 617.246; 617.247; or a gross misdemeanor or felony violation of section 609.891 or 624.7181; or any violation of section 609.324.
(g) "Controlled substance" has the meaning given in section 152.01, subdivision 4.
(h) "Prosecuting authority" means the attorney who is responsible for prosecuting an offense that is the basis for a forfeiture under sections 609.531 to 609.5318.
EFFECTIVE DATE. This section is effective August 1, 2015, and
applies to crimes committed on or after that date.
Sec. 24. [609.5634]
REAL OR PERSONAL PROPERTY ARSON RESULTING IN BODILY HARM.
Subdivision 1. Penalty;
felony. Whoever, by means of
fire or explosives, intentionally sets fire to or burns any real or personal
property and the fire or explosion proximately causes bodily harm to any
person, including a public safety officer performing official duties, shall be
sentenced as follows:
(1) if the injury results in great
bodily harm, the person shall be sentenced to imprisonment for not more than 20
years or to payment of a fine of not more than $20,000, or both;
(2) if the injury results in substantial bodily harm, the person shall be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $15,000, or both; and
(3) if the injury results in demonstrable bodily harm, the person shall be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
Subd. 2. Definitions. (a) As used in this section, "personal
property" does not include items where fire is involved in its normally
intended use or repair, such as the wick of a candle, solder or flux in the act
of welding, or logs in a campfire.
(b) As used in this section,
"public safety officer" has the meaning given in section 299A.41,
subdivision 4.
EFFECTIVE DATE. This section is effective August 1, 2015, and
applies to crimes committed on or after that date.
Sec. 25. Minnesota Statutes 2014, section 609.564, is amended to read:
609.564
EXCLUDED FIRES.
A person does not violate section 609.561, 609.562, 609.563, 609.5634, or 609.5641 if the person sets a fire pursuant to a validly issued license or permit or with written permission from the fire department of the jurisdiction where the fire occurs.
EFFECTIVE DATE. This section is effective August 1, 2015, and
applies to crimes committed on or after that date.
Sec. 26. Minnesota Statutes 2014, section 609.5641, subdivision 1a, is amended to read:
Subd. 1a. Penalty; felonies. (a) Except as provided in paragraphs (b), (c), and (d), a person who violates subdivision 1 may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
(b) A person who violates subdivision 1 where the fire threatens to damage or damages in excess of five buildings or dwellings, burns 500 acres or more, or damages crops in excess of $100,000, may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $15,000, or both.
(c) A person who violates subdivision 1 where the fire threatens to damage or damages in excess of 100 buildings or dwellings, burns 1,500 acres or more, or damages crops in excess of $250,000, may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $25,000, or both.
(d) A person who violates subdivision 1
where the fire causes another person to suffer demonstrable bodily harm
may be sentenced to imprisonment for not more than ten years or to payment
of a fine of $15,000, or both as provided in section 609.5634,
subdivision 1, clauses (1) to (3).
(e) For purposes of this section, a building or dwelling is threatened when there is a probability of damage to the building or dwelling requiring evacuation for safety of life.
EFFECTIVE DATE. This section is effective August 1, 2015, and
applies to crimes committed on or after that date.
Sec. 27. [609.688]
ADULTERATION BY BODILY FLUID.
Subdivision 1. Definition. (a) As used in this section, the
following terms have the meanings given.
(b) "Adulterates" is the
intentional adding of a bodily fluid to a substance.
(c) "Bodily fluid" means the
blood, seminal fluid, vaginal fluid, urine, or feces of a human.
Subd. 2. Crime. (a) Whoever adds saliva to any substance
that the person knows or should know is intended for human consumption and
another person ingests the substance without knowledge of the saliva being
added is guilty of a misdemeanor.
(b) Whoever adulterates any substance
that the person knows or should know is intended for human consumption is
guilty of a misdemeanor.
(c) Whoever violates paragraph (b) and another person ingests the adulterated substance without knowledge of the adulteration is guilty of a gross misdemeanor.
EFFECTIVE DATE. This section is effective August 1, 2015, and
applies to crimes committed on or after that date.
Sec. 28. Minnesota Statutes 2014, section 609.746, is amended by adding a subdivision to read:
Subd. 1a. Nonconsensual
photographs and videos. (a) A
person who knowingly takes a photograph, records a digital image, makes a video
record, or transmits live video of another person, without that person's
consent, in a restroom, locker room, or changing room is guilty of a crime and
may be sentenced as provided in paragraphs (c), (d), and (e).
(b) A person who knowingly
disseminates, or permits to be disseminated, a photograph, digital image, video
record, or live video that the person knows to have been made or transmitted in
violation of paragraph (a) or subdivision 1 is guilty of a crime and may be
sentenced as provided in paragraphs (f), (g), and (h).
(c) Except as provided in paragraphs
(d) and (e), a person who violates paragraph (a) is guilty of a gross
misdemeanor.
(d)
A person who violates paragraph (a) and the victim is a minor under the age of
18 is guilty of a felony and may be
sentenced to imprisonment for not more than 36 months or to payment of a fine
of not more than $10,000, or both.
(e) A person who violates paragraph (a)
and who is required to register as a predatory offender under the laws of this
state or another jurisdiction is guilty of a felony and may be sentenced to
imprisonment for not more than 36 months or to payment of a fine of not more
than $10,000, or both.
(f) Except as provided in paragraphs
(g) and (h), a person who violates paragraph (b) is guilty of a felony and may be sentenced to imprisonment for not more than
36 months or to payment of a fine of not more than $10,000, or both.
(g) A person who violates paragraph (b)
and the victim is a minor under the age of 18 is guilty of a felony and may be sentenced to imprisonment for not more than
60 months or to payment of a fine of not more than $20,000, or both.
(h) A person who violates paragraph (b)
and who is required to register as a predatory offender under the laws of this
state or another jurisdiction is guilty of a felony and may be sentenced to
imprisonment for not more than 60 months or to payment of a fine of not more
than $20,000, or both.
(i) This subdivision does not apply to:
(1) law enforcement officers or
corrections investigators, or to those acting under their direction, while
engaged in the performance of their lawful duties; or
(2) the owner of a commercial establishment
and the owner's employees if the owner has posted conspicuous signs warning
that the premises are under surveillance by the owner or the owner's employees
and the recording and dissemination of a photograph, digital image, video
record, or live video are necessary to protect the safety of employees or
customers or to secure the establishment's property, including merchandise.
EFFECTIVE DATE. This section is effective August 1, 2015, and
applies to crimes committed on or after that date.
Sec. 29. Minnesota Statutes 2014, section 609.765, is amended to read:
609.765
CRIMINAL DEFAMATION.
Subdivision 1. Definition. Defamatory matter is anything which exposes a person or a group, class or association to hatred, contempt, ridicule, degradation or disgrace in society, or injury to business or occupation.
Subd. 2. Acts constituting. Whoever with knowledge of its false and defamatory character orally, in writing or by any other means, communicates any false and defamatory matter to a third person without the consent of the person defamed is guilty of criminal defamation and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.
Subd. 3. Justification. Violation of subdivision 2 is justified if:
(1) the defamatory matter is true and
is communicated with good motives and for justifiable ends; or
(2) (1) the communication is
absolutely privileged; or
(3) (2) the communication
consists of fair comment made in good faith with respect to persons
participating in matters of public concern; or
(4) (3) the communication consists of a fair and true report or a fair summary of any judicial, legislative or other public or official proceedings; or
(5) (4) the communication is
between persons each having an interest or duty with respect to the subject
matter of the communication and is made with intent to further such interest or
duty.
Subd. 4. Testimony required. No person shall be convicted on the basis of an oral communication of defamatory matter except upon the testimony of at least two other persons that they heard and understood the oral statement as defamatory or upon a plea of guilty.
Sec. 30. Minnesota Statutes 2014, section 611A.26, subdivision 1, is amended to read:
Subdivision 1. Polygraph prohibition. No law enforcement agency or prosecutor shall require that a complainant of a criminal sexual conduct or sex trafficking offense submit to a polygraph examination as part of or a condition to proceeding with the investigation, charging, or prosecution of such offense.
Sec. 31. Minnesota Statutes 2014, section 611A.26, subdivision 6, is amended to read:
Subd. 6. Definitions. For the purposes of this section, the following terms have the meanings given.
(a) "Criminal sexual conduct" means a violation of section 609.342, 609.343, 609.344, 609.345, or 609.3451.
(b) "Sex trafficking" means a
violation of section 609.322.
(c) "Complainant" means a person reporting to have been subjected to criminal sexual conduct or sex trafficking.
(c) (d) "Polygraph
examination" means any mechanical or electrical instrument or device of
any type used or allegedly used to examine, test, or question individuals for
the purpose of determining truthfulness.
Sec. 32. Minnesota Statutes 2014, section 617.242, subdivision 6, is amended to read:
Subd. 6. Restrictions on ownership or management by persons convicted of certain crimes. A person who has been convicted of one of the following offenses may not operate or manage an adult business establishment for three years after discharge of the sentence for the offense, or a similar offense in another state or jurisdiction:
(1) prostitution or sex trafficking under section 609.321; 609.322; 609.324; or 609.3242;
(2) criminal sexual conduct under sections 609.342 to 609.3451;
(3) solicitation of children under section 609.352;
(4) indecent exposure under section 617.23;
(5) distribution or exhibition of obscene materials and performances under section 617.241;
(6) use of a minor in a sexual performance under section 617.246; or
(7) possession of pornographic work involving minors under section 617.247.
Sec. 33. Minnesota Statutes 2014, section 628.26, is amended to read:
628.26
LIMITATIONS.
(a) Indictments or complaints for any crime resulting in the death of the victim may be found or made at any time after the death of the person killed.
(b) Indictments or complaints for a violation of section 609.25 may be found or made at any time after the commission of the offense.
(c) Indictments or complaints for violation of section 609.282 may be found or made at any time after the commission of the offense if the victim was under the age of 18 at the time of the offense.
(d) Indictments or complaints for violation of section 609.282 where the victim was 18 years of age or older at the time of the offense, or 609.42, subdivision 1, clause (1) or (2), shall be found or made and filed in the proper court within six years after the commission of the offense.
(e) Indictments or complaints for violation of sections 609.322 and 609.342 to 609.345, if the victim was under the age of 18 years at the time the offense was committed, shall be found or made and filed in the proper court within the later of nine years after the commission of the offense or three years after the offense was reported to law enforcement authorities.
(f) Notwithstanding the limitations in paragraph (e), indictments or complaints for violation of sections 609.322 and 609.342 to 609.344 may be found or made and filed in the proper court at any time after commission of the offense, if physical evidence is collected and preserved that is capable of being tested for its DNA characteristics. If this evidence is not collected and preserved and the victim was 18 years old or older at the time of the offense, the prosecution must be commenced within nine years after the commission of the offense.
(g) Indictments or complaints for violation of sections 609.466 and 609.52, subdivision 2, clause (3), item (iii), shall be found or made and filed in the proper court within six years after the commission of the offense.
(h) Indictments or complaints for violation of section 609.2335, 609.52, subdivision 2, clause (3), items (i) and (ii), (4), (15), or (16), 609.631, or 609.821, where the value of the property or services stolen is more than $35,000, shall be found or made and filed in the proper court within five years after the commission of the offense.
(i) Except for violations relating to false material statements, representations or omissions, indictments or complaints for violations of section 609.671 shall be found or made and filed in the proper court within five years after the commission of the offense.
(j) Indictments or complaints for violation of sections 609.561 to 609.563, shall be found or made and filed in the proper court within five years after the commission of the offense.
(k) In all other cases, indictments or complaints shall be found or made and filed in the proper court within three years after the commission of the offense.
(l) The limitations periods contained in this section shall exclude any period of time during which the defendant was not an inhabitant of or usually resident within this state.
(m) The limitations periods contained in this section for an offense shall not include any period during which the alleged offender participated under a written agreement in a pretrial diversion program relating to that offense.
(n) The limitations periods contained in this section shall not include any period of time during which physical evidence relating to the offense was undergoing DNA analysis, as defined in section 299C.155, unless the defendant demonstrates that the prosecuting or law enforcement agency purposefully delayed the DNA analysis process in order to gain an unfair advantage.
EFFECTIVE
DATE. This section is
effective August 1, 2015, and applies to crimes committed on or after that date
and to crimes committed before that date if the limitations period for the
crime did not expire before
August 1, 2015.
Sec. 34. JACQUELYN
DEVNEY AND THOMAS CONSIDINE ROADWAY SAFETY ACT.
Sections 2 and 3 may be cited as the
Jacquelyn Devney and Thomas Considine Roadway Safety Act.
Sec. 35. REVISOR'S
INSTRUCTION.
The revisor of statutes shall make
cross-reference changes in Minnesota Statutes consistent with re-coding changes
made in sections 13 and 14.
ARTICLE 7
DISASTER ASSISTANCE
Section 1. Minnesota Statutes 2014, section 12.221, subdivision 6, is amended to read:
Subd. 6. Disaster assistance contingency account; appropriation. (a) A disaster assistance contingency account is created in the special revenue fund in the state treasury. Money in the disaster assistance contingency account is appropriated to the commissioner of public safety to provide:
(1) cost-share for federal assistance
under section 12A.15, subdivision 1; and
(2) state public disaster assistance to
eligible applicants under chapter 12B.;
(3) cost-share for federal assistance
from the Federal Highway Administration emergency relief program under United
States Code, title 23, section 125; and
(4) cost-share for federal assistance
from the United States Department of Agriculture, Natural Resources Conservation Service emergency watershed
protection program under United States Code, title 16, sections 2203 to 2205.
(b) For appropriations under paragraph (a), clause (1), the amount appropriated is 100 percent of any nonfederal share for state agencies and local governments. Money appropriated under paragraph (a), clause (1), may be used to pay all or a portion of the nonfederal share for publicly owned capital improvement projects.
(c) For appropriations under paragraph (a), clause (2), the amount appropriated is the amount required to pay eligible claims under chapter 12B, as certified by the commissioner of public safety.
(d) By January 15 of each year, the commissioner of management and budget shall submit a report to the chairs and ranking minority members of the house of representatives Ways and Means Committee and the senate Finance Committee detailing state disaster assistance appropriations and expenditures under this subdivision during the previous calendar year.
(e) The governor's budget proposal submitted to the legislature under section 16A.11 must include recommended appropriations to the disaster assistance contingency account. The governor's appropriation recommendations must be informed by the commissioner of public safety's estimate of the amount of money that will be necessary to:
(1) provide 100 percent of the nonfederal share for state agencies and local governments that will receive federal financial assistance from FEMA during the next biennium; and
(2) fully pay all eligible claims under chapter 12B.
(f) Notwithstanding section 16A.28:
(1) funds appropriated or transferred to the disaster assistance contingency account do not lapse but remain in the account until appropriated; and
(2) funds appropriated from the disaster assistance contingency account do not lapse and are available until expended.
Sec. 2. Minnesota Statutes 2014, section 12A.15, subdivision 1, is amended to read:
Subdivision 1. State
cost-share for federal assistance. State
appropriations may be used to pay 100 percent of the nonfederal share for state
agencies and, local governments, and utility cooperatives
under section 12.221. An appropriation
from the bond proceeds fund may be used as cost-share for federal disaster
assistance for publicly owned capital improvement projects.
Sec. 3. Minnesota Statutes 2014, section 12B.15, subdivision 2, is amended to read:
Subd. 2. Applicant. "Applicant" means a local government or state government agency that applies for state disaster assistance under this chapter.
Sec. 4. Minnesota Statutes 2014, section 12B.15, is amended by adding a subdivision to read:
Subd. 3a. County. "County" or "county
government" means each county in which a governmental unit is located in
whole or in part, or a county board of commissioners as defined in chapter 375.
Sec. 5. Minnesota Statutes 2014, section 12B.25, subdivision 1, is amended to read:
Subdivision 1. Payment required; eligibility criteria. The director, serving as the governor's authorized representative, may enter into grant agreements with eligible applicants to provide state financial assistance made available as a result of a disaster that satisfies all of the following criteria:
(1) the state or applicable local county
government declares a disaster or emergency during the incident period;
(2) damages suffered and eligible costs incurred are the direct result of the disaster;
(3) federal disaster assistance is not available to the applicant because the governor did not request a presidential declaration of major disaster, the president denied the governor's request, or the applicant is not eligible for federal disaster assistance because the state or county did not meet the per capita impact indicator under FEMA's Public Assistance Program;
(4) the applicant incurred eligible damages that, on a per capita basis, equal or exceed 50 percent of the countywide per capita impact indicator under FEMA's Public Assistance Program;
(5) the applicant assumes responsibility for 25 percent of the applicant's total eligible costs; and
(6) the applicant satisfies all requirements in this chapter.
Sec. 6. Minnesota Statutes 2014, section 12B.40, is amended to read:
12B.40
APPLICATION PROCESS.
(a) The director must develop application materials and may update the materials as needed. Application materials must include instructions and requirements for assistance under this chapter.
(b) An applicant A county
government has 30 days from the end of the incident period or the
president's official denial of the governor's request for a declaration of a
major disaster to provide the director with written notice of intent to
apply request that the governor declare a state disaster. The director may deny an application due
to a late notice of intent to apply a late request. The county government's request for a
state disaster declaration must include:
(1) the cause, location of damage, and
incident period;
(2) documentation of a local, tribal,
county, or state disaster or emergency declaration in response to the disaster;
(3) a description of damages, an
initial damage assessment, and the amount of eligible costs incurred by the
applicant;
(4) a statement or evidence that the
applicant has the ability to pay for at least 25 percent of total eligible
costs incurred from the disaster; and
(5) a statement or evidence that the
local government has incurred damages equal to or exceeding 50 percent of the
federal countywide threshold in effect during the incident period.
(c) Within An applicant has
60 days after the end of the incident period or the president's official
denial of from the governor's request for a declaration of a major
state disaster, the applicant must to submit a complete
application for state public disaster assistance to the director. A complete application includes the
following:
(1) the cause, location of damage, and
incident period;
(2) documentation of a local, tribal,
county, or state disaster or emergency declaration in response to the disaster;
(3) a description of damages, an
initial damage assessment, and the amount of eligible costs incurred by the
applicant;
(4) a statement or evidence that the
applicant has the ability to pay for at least 25 percent of total eligible
costs incurred from the disaster; and
(5) a statement or evidence that the
local government has incurred damages equal to or exceeding 50 percent of the federal
countywide threshold in effect during the incident period.
(d) The director must review the application and supporting documentation for completeness and may return the application with a request for more detailed information. The director may consult with local public officials to ensure the application reflects the extent and magnitude of the damage and to reconcile any differences. The application is not complete until the director receives all requested information.
(e) If the director returns an application with a request for more detailed information or for correction of deficiencies, the applicant must submit all required information within 30 days of the applicant's receipt of the director's request. The applicant's failure to provide the requested information in a timely manner without a reasonable explanation may be cause for denial of the application.
(f) The director has no more than 60 days from the receipt of a complete application to approve or deny the application, or the application is deemed approved. If the director denies an application, the director must send a denial letter. If the director approves an application or the application is automatically deemed approved after 60 days, the director must notify the applicant of the steps necessary to obtain reimbursement of eligible costs, including submission of invoices or other documentation substantiating the costs submitted for reimbursement.
ARTICLE 8
CONTROLLED SUBSTANCES
Section 1. Minnesota Statutes 2014, section 152.02, subdivision 2, is amended to read:
Subd. 2. Schedule I. (a) Schedule I consists of the substances listed in this subdivision.
(b) Opiates. Unless specifically excepted or unless listed in another schedule, any of the following substances, including their analogs, isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of the analogs, isomers, esters, ethers, and salts is possible:
(1) acetylmethadol;
(2) allylprodine;
(3) alphacetylmethadol (except levo-alphacetylmethadol, also known as levomethadyl acetate);
(4) alphameprodine;
(5) alphamethadol;
(6) alpha-methylfentanyl benzethidine;
(7) betacetylmethadol;
(8) betameprodine;
(9) betamethadol;
(10) betaprodine;
(11) clonitazene;
(12) dextromoramide;
(13) diampromide;
(14) diethyliambutene;
(15) difenoxin;
(16) dimenoxadol;
(17) dimepheptanol;
(18) dimethyliambutene;
(19) dioxaphetyl butyrate;
(20) dipipanone;
(21) ethylmethylthiambutene;
(22) etonitazene;
(23) etoxeridine;
(24) furethidine;
(25) hydroxypethidine;
(26) ketobemidone;
(27) levomoramide;
(28) levophenacylmorphan;
(29) 3-methylfentanyl;
(30) acetyl-alpha-methylfentanyl;
(31) alpha-methylthiofentanyl;
(32) benzylfentanyl beta-hydroxyfentanyl;
(33) beta-hydroxy-3-methylfentanyl;
(34) 3-methylthiofentanyl;
(35) thenylfentanyl;
(36) thiofentanyl;
(37) para-fluorofentanyl;
(38) morpheridine;
(39) 1-methyl-4-phenyl-4-propionoxypiperidine;
(40) noracymethadol;
(41) norlevorphanol;
(42) normethadone;
(43) norpipanone;
(44) 1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine (PEPAP);
(45) phenadoxone;
(46) phenampromide;
(47) phenomorphan;
(48) phenoperidine;
(49) piritramide;
(50) proheptazine;
(51) properidine;
(52) propiram;
(53) racemoramide;
(54) tilidine;
(55) trimeperidine;
(56) N-(1-Phenethylpiperidin-4-yl)-N-phenylacetamide (acetyl fentanyl).
(c) Opium derivatives. Any of the following substances, their analogs, salts, isomers, and salts of isomers, unless specifically excepted or unless listed in another schedule, whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
(1) acetorphine;
(2) acetyldihydrocodeine;
(3) benzylmorphine;
(4) codeine methylbromide;
(5) codeine-n-oxide;
(6) cyprenorphine;
(7) desomorphine;
(8) dihydromorphine;
(9) drotebanol;
(10) etorphine;
(11) heroin;
(12) hydromorphinol;
(13) methyldesorphine;
(14) methyldihydromorphine;
(15) morphine methylbromide;
(16) morphine methylsulfonate;
(17) morphine-n-oxide;
(18) myrophine;
(19) nicocodeine;
(20) nicomorphine;
(21) normorphine;
(22) pholcodine;
(23) thebacon.
(d) Hallucinogens. Any material, compound, mixture or preparation which contains any quantity of the following substances, their analogs, salts, isomers (whether optical, positional, or geometric), and salts of isomers, unless specifically excepted or unless listed in another schedule, whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
(1) methylenedioxy amphetamine;
(2) methylenedioxymethamphetamine;
(3) methylenedioxy-N-ethylamphetamine (MDEA);
(4) n-hydroxy-methylenedioxyamphetamine;
(5) 4-bromo-2,5-dimethoxyamphetamine (DOB);
(6) 2,5-dimethoxyamphetamine (2,5-DMA);
(7) 4-methoxyamphetamine;
(8) 5-methoxy-3, 4-methylenedioxyamphetamine;
(9) alpha-ethyltryptamine;
(10) bufotenine;
(11) diethyltryptamine;
(12) dimethyltryptamine;
(13) 3,4,5-trimethoxyamphetamine;
(14) 4-methyl-2, 5-dimethoxyamphetamine (DOM);
(15) ibogaine;
(16) lysergic acid diethylamide (LSD);
(17) mescaline;
(18) parahexyl;
(19) N-ethyl-3-piperidyl benzilate;
(20) N-methyl-3-piperidyl benzilate;
(21) psilocybin;
(22) psilocyn;
(23) tenocyclidine (TPCP or TCP);
(24) N-ethyl-1-phenyl-cyclohexylamine (PCE);
(25) 1-(1-phenylcyclohexyl) pyrrolidine (PCPy);
(26) 1-[1-(2-thienyl)cyclohexyl]-pyrrolidine (TCPy);
(27) 4-chloro-2,5-dimethoxyamphetamine (DOC);
(28) 4-ethyl-2,5-dimethoxyamphetamine (DOET);
(29) 4-iodo-2,5-dimethoxyamphetamine (DOI);
(30) 4-bromo-2,5-dimethoxyphenethylamine (2C-B);
(31) 4-chloro-2,5-dimethoxyphenethylamine (2C-C);
(32) 4-methyl-2,5-dimethoxyphenethylamine (2C-D);
(33) 4-ethyl-2,5-dimethoxyphenethylamine (2C-E);
(34) 4-iodo-2,5-dimethoxyphenethylamine (2C-I);
(35) 4-propyl-2,5-dimethoxyphenethylamine (2C-P);
(36) 4-isopropylthio-2,5-dimethoxyphenethylamine (2C-T-4);
(37) 4-propylthio-2,5-dimethoxyphenethylamine (2C-T-7);
(38) 2-(8-bromo-2,3,6,7-tetrahydrofuro [2,3-f][1]benzofuran-4-yl)ethanamine (2-CB-FLY);
(39) bromo-benzodifuranyl-isopropylamine (Bromo-DragonFLY);
(40) alpha-methyltryptamine (AMT);
(41) N,N-diisopropyltryptamine (DiPT);
(42) 4-acetoxy-N,N-dimethyltryptamine (4-AcO-DMT);
(43) 4-acetoxy-N,N-diethyltryptamine (4-AcO-DET);
(44) 4-hydroxy-N-methyl-N-propyltryptamine (4-HO-MPT);
(45) 4-hydroxy-N,N-dipropyltryptamine (4-HO-DPT);
(46) 4-hydroxy-N,N-diallyltryptamine (4-HO-DALT);
(47) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT);
(48) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DiPT);
(49) 5-methoxy-α-methyltryptamine (5-MeO-AMT);
(50) 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT);
(51) 5-methylthio-N,N-dimethyltryptamine (5-MeS-DMT);
(52) 5-methoxy-N-methyl-N-propyltryptamine (5-MeO-MiPT);
(53) 5-methoxy-α-ethyltryptamine (5-MeO-AET);
(54) 5-methoxy-N,N-dipropyltryptamine (5-MeO-DPT);
(55) 5-methoxy-N,N-diethyltryptamine (5-MeO-DET);
(56) 5-methoxy-N,N-diallyltryptamine (5-MeO-DALT);
(57) methoxetamine (MXE);
(58) 5-iodo-2-aminoindane (5-IAI);
(59) 5,6-methylenedioxy-2-aminoindane (MDAI);
(60)
2-(4-iodo-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine
(60)
2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25B-NBOMe);
(61)
2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25C-NBOMe);
(62)
2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25I-NBOMe).;
(63) 2-(2,5-Dimethoxyphenyl)ethanamine
(2C-H);
(64)
2-(4-Ethylthio-2,5-dimethoxyphenyl)ethanamine (2C-T-2);
(e) Peyote. All parts of the plant presently classified botanically as Lophophora williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part of the plant, and every compound, manufacture, salts, derivative, mixture, or preparation of the plant, its seeds or extracts. The listing of peyote as a controlled substance in Schedule I does not apply to the nondrug use of peyote in bona fide religious ceremonies of the American Indian Church, and members of the American Indian Church are exempt from registration. Any person who manufactures peyote for or distributes peyote to the American Indian Church, however, is required to obtain federal registration annually and to comply with all other requirements of law.
(f) Central nervous system depressants. Unless specifically excepted or unless listed in another schedule, any material compound, mixture, or preparation which contains any quantity of the following substances, their analogs, salts, isomers, and salts of isomers whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
(1) mecloqualone;
(2) methaqualone;
(3) gamma-hydroxybutyric acid (GHB), including its esters and ethers;
(4) flunitrazepam.
(g) Stimulants. Unless specifically excepted or unless listed in another schedule, any material compound, mixture, or preparation which contains any quantity of the following substances, their analogs, salts, isomers, and salts of isomers whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
(1) aminorex;
(2) cathinone;
(3) fenethylline;
(4) methcathinone;
(5) methylaminorex;
(6) N,N-dimethylamphetamine;
(7) N-benzylpiperazine (BZP);
(8) methylmethcathinone (mephedrone);
(9) 3,4-methylenedioxy-N-methylcathinone (methylone);
(10) methoxymethcathinone (methedrone);
(11) methylenedioxypyrovalerone (MDPV);
(12) fluoromethcathinone 3-fluoro-N-methylcathinone
(3-FMC);
(13) methylethcathinone (MEC);
(14) 1-benzofuran-6-ylpropan-2-amine (6-APB);
(15) dimethylmethcathinone (DMMC);
(16) fluoroamphetamine;
(17) fluoromethamphetamine;
(18) α-methylaminobutyrophenone (MABP or buphedrone);
(19)
β-keto-N-methylbenzodioxolylpropylamine (bk-MBDB or butylone) 1-(1,3‑benzodioxol‑5‑yl)-2-(methylamino)butan-1-one
(butylone);
(20) 2-(methylamino)-1-(4-methylphenyl)butan-1-one (4-MEMABP or BZ-6378);
(21) naphthylpyrovalerone
(naphyrone) 1-(naphthalen-2-yl)-2-(pyrrolidin-1-yl) pentan-1-one
(naphthylpyrovalerone or naphyrone);
(22) (RS)-1-phenyl-2-(1-pyrrolidinyl)-1-pentanone
(alpha-PVP or alpha-pyrrolidinovalerophenone (alpha-pyrrolidinopentiophenone
(alpha-PVP);
(23)
(RS)-1-(4-methylphenyl)-2-(1-pyrrolidinyl)-1-hexanone (4-Me-PHP or MPHP); and
(24) 2-(1-pyrrolidinyl)-hexanophenone
(Alpha-PHP);
(25) 4-methyl-N-ethylcathinone (4-MEC);
(26)
4-methyl-alpha-pyrrolidinopropiophenone (4-MePPP);
(27)
2-(methylamino)-1-phenylpentan-1-one (pentedrone);
(28)
1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one (pentylone);
(29) 4-fluoro-N-methylcathinone (4-FMC);
(30)
3,4-methylenedioxy-N-ethylcathinone (ethylone);
(31) alpha-pyrrolidinobutiophenone
(α-PBP);
(32)
5-(2-Aminopropyl)-2,3-dihydrobenzofuran (5-APDB);
(33)
6-(2-Aminopropyl)-2,3-dihydrobenzofuran (6-APDB); and
(24) (34) any other substance, except bupropion or compounds listed under a different schedule, that is structurally derived from 2-aminopropan-1-one by substitution at the 1-position with either phenyl, naphthyl, or thiophene ring systems, whether or not the compound is further modified in any of the following ways:
(i) by substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy, haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring system by one or more other univalent substituents;
(ii) by substitution at the 3-position with an acyclic alkyl substituent;
(iii) by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl groups; or
(iv) by inclusion of the 2-amino nitrogen atom in a cyclic structure.
(h) Marijuana, tetrahydrocannabinols, and synthetic cannabinoids. Unless specifically excepted or unless listed in another schedule, any natural or synthetic material, compound, mixture, or preparation that contains any quantity of the following substances, their analogs, isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of the isomers, esters, ethers, or salts is possible:
(1) marijuana;
(2) tetrahydrocannabinols naturally contained in a plant of the genus Cannabis, synthetic equivalents of the substances contained in the cannabis plant or in the resinous extractives of the plant, or synthetic substances with similar chemical structure and pharmacological activity to those substances contained in the plant or resinous extract, including, but not limited to, 1 cis or trans tetrahydrocannabinol, 6 cis or trans tetrahydrocannabinol, and 3,4 cis or trans tetrahydrocannabinol;
(3) synthetic cannabinoids, including the following substances:
(i) Naphthoylindoles, which are any compounds containing a 3-(1-napthoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent. Examples of naphthoylindoles include, but are not limited to:
(A) 1-Pentyl-3-(1-naphthoyl)indole (JWH-018 and AM-678);
(B) 1-Butyl-3-(1-naphthoyl)indole (JWH-073);
(C) 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole (JWH-081);
(D) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);
(E) 1-Propyl-2-methyl-3-(1-naphthoyl)indole (JWH-015);
(F) 1-Hexyl-3-(1-naphthoyl)indole (JWH-019);
(G) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122);
(H) 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole (JWH-210);
(I) 1-Pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398);
(J) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM-2201).
(ii) Napthylmethylindoles, which are any compounds containing a 1H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent. Examples of naphthylmethylindoles include, but are not limited to:
(A) 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane (JWH-175);
(B) 1-Pentyl-1H-indol-3-yl-(4-methyl-1-naphthyl)methane (JWH-184).
(iii) Naphthoylpyrroles, which are any compounds containing a 3-(1-naphthoyl)pyrrole structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further substituted in the pyrrole ring to any extent, whether or not substituted in the naphthyl ring to any extent. Examples of naphthoylpyrroles include, but are not limited to, (5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1-ylmethanone (JWH-307).
(iv) Naphthylmethylindenes, which are any compounds containing a naphthylideneindene structure with substitution at the 3-position of the indene ring by an allkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further substituted in the indene ring to any extent, whether or not substituted in the naphthyl ring to any extent. Examples of naphthylemethylindenes include, but are not limited to, E-1-[1-(1-naphthalenylmethylene)-1H-inden-3-yl]pentane (JWH-176).
(v) Phenylacetylindoles, which are any compounds containing a 3-phenylacetylindole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any extent, whether or not substituted in the phenyl ring to any extent. Examples of phenylacetylindoles include, but are not limited to:
(A) 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (RCS-8);
(B) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250);
(C) 1-pentyl-3-(2-methylphenylacetyl)indole (JWH-251);
(D) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203).
(vi) Cyclohexylphenols, which are compounds containing a 2-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not substituted in the cyclohexyl ring to any extent. Examples of cyclohexylphenols include, but are not limited to:
(A) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP 47,497);
(B) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (Cannabicyclohexanol or CP 47,497 C8 homologue);
(C) 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl] -phenol (CP 55,940).
(vii) Benzoylindoles, which are any compounds containing a 3-(benzoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent. Examples of benzoylindoles include, but are not limited to:
(A) 1-Pentyl-3-(4-methoxybenzoyl)indole (RCS-4);
(B) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694);
(C)
(4-methoxyphenyl-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-yl]methanone (WIN
48,098 or Pravadoline).
(viii) Others specifically named:
(A)
(6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)
-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (HU-210);
(B)
(6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl) -6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol
(Dexanabinol or HU-211);
(C)
2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]
-1,4-benzoxazin-6-yl-1-naphthalenylmethanone (WIN 55,212-2);
(D) (1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (UR-144);
(E) (1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone (XLR-11);
(F) 1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indazole-3-carboxamide (AKB-48(APINACA));
(G) N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide (5-Fluoro-AKB-48);
(H) 1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid (PB-22);
(I) 8-quinolinyl ester-1-(5-fluoropentyl)-1H-indole-3-carboxylic acid (5-Fluoro PB-22);
(J) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-pentyl-1H-indazole- 3-carboxamide (AB-PINACA);
(K)
N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-[(4-fluorophenyl)methyl]- 1H-indazole-3-carboxamide
(AB-FUBINACA).;
(L)
N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide
(AB-CHMINACA);
(M) (S)-methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3-methylbutanoate
(5-fluoro-AMB);
(N)
[1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl) methanone (THJ-2201);
(O) (1-(5-fluoropentyl)-1H-benzo[d]imidazol-2-yl)(naphthalen-1-yl)methanone)
(FUBIMINA);
(P)
(7-methoxy-1-(2-morpholinoethyl)-N-((1S,2S,4R)-1,3,3-trimethylbicyclo
[2.2.1]heptan-2-yl)-1H-indole-3-carboxamide (MN-25 or UR-12);
(Q)
(S)-N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)
-1H-indole-3-carboxamide (5-fluoro-ABICA);
(R) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl)-1H-indole-3-carboxamide;
(S) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide;
and
(T) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate.
(i) A controlled substance analog, to the extent that it is implicitly or explicitly intended for human consumption.
Sec. 2. Minnesota Statutes 2014, section 152.02, subdivision 3, is amended to read:
Subd. 3. Schedule II. (a) Schedule II consists of the substances listed in this subdivision.
(b) Unless specifically excepted or unless listed in another schedule, any of the following substances whether produced directly or indirectly by extraction from substances of vegetable origin or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
(1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate.
(i) Excluding:
(A) apomorphine;
(B) thebaine-derived butorphanol;
(C) dextrophan;
(D) nalbuphine;
(E) nalmefene;
(F) naloxegol;
(F) (G) naloxone;
(G) (H) naltrexone; and
(H) and (I) their respective
salts;
(ii) but including the following:
(A) opium, in all forms and extracts;
(B) codeine;
(C) dihydroetorphine;
(D) ethylmorphine;
(E) etorphine hydrochloride;
(F) hydrocodone;
(G) hydromorphone;
(H) metopon;
(I) morphine;
(J) oxycodone;
(K) oxymorphone;
(L) thebaine;
(M) oripavine;
(2) any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in clause (1), except that these substances shall not include the isoquinoline alkaloids of opium;
(3) opium poppy and poppy straw;
(4) coca leaves and any salt, cocaine compound, derivative, or preparation of coca leaves (including cocaine and ecgonine and their salts, isomers, derivatives, and salts of isomers and derivatives), and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, except that the substances shall not include decocainized coca leaves or extraction of coca leaves, which extractions do not contain cocaine or ecgonine;
(5) concentrate of poppy straw (the crude extract of poppy straw in either liquid, solid, or powder form which contains the phenanthrene alkaloids of the opium poppy).
(c) Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters and ethers, unless specifically excepted, or unless listed in another schedule, whenever the existence of such isomers, esters, ethers and salts is possible within the specific chemical designation:
(1) alfentanil;
(2) alphaprodine;
(3) anileridine;
(4) bezitramide;
(5) bulk dextropropoxyphene (nondosage forms);
(6) carfentanil;
(7) dihydrocodeine;
(8) dihydromorphinone;
(9) diphenoxylate;
(10) fentanyl;
(11) isomethadone;
(12) levo-alpha-acetylmethadol (LAAM);
(13) levomethorphan;
(14) levorphanol;
(15) metazocine;
(16) methadone;
(17) methadone - intermediate, 4-cyano-2-dimethylamino-4, 4-diphenylbutane;
(18) moramide - intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic acid;
(19) pethidine;
(20) pethidine - intermediate - a, 4-cyano-1-methyl-4-phenylpiperidine;
(21) pethidine - intermediate - b, ethyl-4-phenylpiperidine-4-carboxylate;
(22) pethidine - intermediate - c, 1-methyl-4-phenylpiperidine-4-carboxylic acid;
(23) phenazocine;
(24) piminodine;
(25) racemethorphan;
(26) racemorphan;
(27) remifentanil;
(28) sufentanil;
(29) tapentadol.;
(30) 4-Anilino-N-phenethyl-4-piperidine
(ANPP).
(d) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system:
(1) amphetamine, its salts, optical isomers, and salts of its optical isomers;
(2) methamphetamine, its salts, isomers, and salts of its isomers;
(3) phenmetrazine and its salts;
(4) methylphenidate;
(5) lisdexamfetamine.
(e) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
(1) amobarbital;
(2) glutethimide;
(3) secobarbital;
(4) pentobarbital;
(5) phencyclidine;
(6) phencyclidine immediate precursors:
(i) 1-phenylcyclohexylamine;
(ii) 1-piperidinocyclohexanecarbonitrile;
(7) phenylacetone.
(f) Hallucinogenic substances: nabilone.
Sec. 3. Minnesota Statutes 2014, section 152.02, subdivision 4, is amended to read:
Subd. 4. Schedule III. (a) Schedule III consists of the substances listed in this subdivision.
(b) Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system, including its salts, isomers, and salts of such isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
(1) benzphetamine;
(2) chlorphentermine;
(3) clortermine;
(4) phendimetrazine.
(c) Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:
(1) any compound, mixture, or preparation containing amobarbital, secobarbital, pentobarbital or any salt thereof and one or more other active medicinal ingredients which are not listed in any schedule;
(2) any suppository dosage form containing amobarbital, secobarbital, pentobarbital, or any salt of any of these drugs and approved by the food and drug administration for marketing only as a suppository;
(3) any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid, except those substances which are specifically listed in other schedules;
(4) any drug product containing gamma hydroxybutyric acid, including its salts, isomers, and salts of isomers, for which an application is approved under section 505 of the federal Food, Drug, and Cosmetic Act;
(5) any of the following substances:
(i) chlorhexadol;
(ii) ketamine, its salts, isomers and salts of isomers;
(iii) lysergic acid;
(iv) lysergic acid amide;
(v) methyprylon;
(vi) sulfondiethylmethane;
(vii) sulfonenthylmethane;
(viii) sulfonmethane;
(ix) tiletamine and zolazepam and any salt thereof;
(x) embutramide.;
(xi) Perampanel
[2-(2-oxo-1-phenyl-5-pyridin-2-yl-1,2-Dihydropyridin-3-yl) benzonitrile].
(d) Nalorphine.
(e) Narcotic drugs. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as follows:
(1) not more than 1.80 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;
(2) not more than 1.80 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(3)
not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not
more than 15 milligrams per dosage unit, with a fourfold or greater quantity of
an isoquinoline alkaloid of opium;
(4) not more than 300 milligrams of
dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage
unit, with one or more active, nonnarcotic ingredients in recognized
therapeutic amounts;
(5) (3) not more than 1.80
grams of dihydrocodeine per 100 milliliters or not more than 90 milligrams per
dosage unit, with one or more active, nonnarcotic ingredients in recognized
therapeutic amounts;
(6) (4) not more than 300
milligrams of ethylmorphine per 100 milliliters or not more than 15 milligrams
per dosage unit, with one or more active, nonnarcotic ingredients in recognized
therapeutic amounts;
(7) (5) not more than 500
milligrams of opium per 100 milliliters or per 100 grams, or not more than 25
milligrams per dosage unit, with one or more active, nonnarcotic ingredients in
recognized therapeutic amounts;
(8) (6) not more than 50
milligrams of morphine per 100 milliliters or per 100 grams with one or more
active, nonnarcotic ingredients in recognized therapeutic amounts;
(f) Anabolic steroids and, human
growth hormone, and chorionic gonadotropin.
(1) Anabolic steroids, for purposes of this subdivision, means any drug or hormonal substance, chemically and pharmacologically related to testosterone, other than estrogens, progestins, corticosteroids, and dehydroepiandrosterone, and includes:
(i) 3[beta],17[beta]-dihydroxy-5[alpha]-androstane;
(ii) 3[alpha],17[beta]-dihydroxy-5[alpha]-androstane;
(iii) androstanedione (5[alpha]-androstan-3,17-dione);
(iv) 1-androstenediol (3[beta],17[beta]-dihydroxy-5[alpha]-androst-l-ene;
(v) 3[alpha],17[beta]-dihydroxy-5[alpha]-androst-1-ene);
(vi) 4-androstenediol (3[beta],17[beta]-dihydroxy-androst-4-ene);
(vii) 5-androstenediol (3[beta],17[beta]-dihydroxy-androst-5-ene);
(viii) 1-androstenedione (5[alpha]-androst-1-en-3,17-dione);
(ix) 4-androstenedione (androst-4-en-3,17-dione);
(x) 5-androstenedione (androst-5-en-3,17-dione);
(xi) bolasterone (7[alpha],17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one);
(xii) boldenone (17[beta]-hydroxyandrost-1,4-diene-3-one);
(xiii) boldione (androsta-1,4-diene-3,17-dione);
(xiv) calusterone (7[beta],17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one);
(xv) clostebol (4-chloro-17[beta]-hydroxyandrost-4-en-3-one);
(xvi) dehydrochloromethyltestosterone (4-chloro-17[beta]-hydroxy-17[alpha]-methylandrost-1,4-dien-3-one);
(xvii) desoxymethyltestosterone (17[alpha]-methyl-5[alpha]-androst-2-en-17[beta]-ol);
(xviii) [delta]1-dihydrotestosterone- (17[beta]-hydroxy-5[alpha]-androst-1-en-3-one);
(xix) 4-dihydrotestosterone (17[beta]-hydroxy-androstan-3-one);
(xx) drostanolone (17[beta]hydroxy-2[alpha]-methyl-5[alpha]-androstan-3-one);
(xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-hydroxyestr-4-ene);
(xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl-11[beta],17[beta]-dihydroxyandrost-4-en-3-one);
(xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha],17[beta]-dihydroxyandrost-1,4-dien-3-one);
(xxiv)
furazabol
(17[alpha]-methyl-17[beta]-hydroxyandrostano[2,3-c]-furazan)13[beta]-ethyl-17[beta]
-hydroxygon-4-en-3-one;
(xxv) 4-hydroxytestosterone (4,17[beta]-dihydroxyandrost-4-en-3-one);
(xxvi) 4-hydroxy-19-nortestosterone (4,17[beta]-dihydroxyestr-4-en-3-one);
(xxvii) mestanolone (17[alpha]-methyl-17[beta]-hydroxy-5[alpha]-androstan-3-one);
(xxviii) mesterolone (1[alpha]-methyl-17[beta]-hydroxy-5[alpha]-androstan-3-one);
(xxix) methandienone (17[alpha]-methyl-17[beta]-hydroxyandrost-1,4-dien-3-one);
(xxx) methandriol (17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-5-ene);
(xxxi) methasterone (2 alpha-17
alpha-dimethyl-5 alpha-androstan-17beta-ol-3-one)
(xxxi) (xxxii) methenolone
(1-methyl-17[beta]-hydroxy-5[alpha]-androst-1-en-3-one);
(xxxii) (xxxiii) 17[alpha]-methyl-3[beta],17[beta]-dihydroxy-5[alpha]-androstane;
(xxxiii) (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy-5[alpha]-androstane;
(xxxiv) (xxxv) 17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-4-ene;
(xxxv) (xxxvi)
17[alpha]-methyl-4-hydroxynandrolone
(17[alpha]-methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one);
(xxxvi) (xxxvii) methyldienolone
(17[alpha]-methyl-17[beta]-hydroxyestra-4,9(10)-dien-3-one);
(xxxvii) (xxxviii) methyltrienolone
(17[alpha]-methyl-17[beta]-hydroxyestra-4,9-11-trien-3-one);
(xxxviii) (xxxix) methyltestosterone
(17[alpha]-methyl-17[beta]-hydroxyandrost-4-en-3-one);
(xxxix) (xl) mibolerone (7[alpha],17[alpha]-dimethyl-17[beta]-hydroxyestr-4-en-3-one);
(xl) (xli)
17[alpha]-methyl-[delta]1-dihydrotestosterone
(17[beta]-hydroxy-17[alpha]-methyl-5[alpha]-androst-1-en-3-one);
(xli) (xlii) nandrolone
(17[beta]-hydroxyestr-4-en-3-one);
(xlii) (xliii) 19-nor-4-androstenediol
(3[beta],17[beta]-dihydroxyestr-4-ene;
(xliii) (xliv)
3[alpha],17[beta]-dihydroxyestr-4-ene); 19-nor-5-androstenediol
(3[beta],17[beta]-dihydroxyestr-5-ene;
(xliv) (xlv) 3[alpha],17[beta]-dihydroxyestr-5-ene);
(xlv) (xlvi) 19-nor-4,9(10)-androstadienedione
(estra-4,9(10)-diene-3,17-dione);
(xlvi) (xlvii) 19-nor-5-androstenedione
(estr-5-en-3,17-dione);
(xlvii) (xlviii) norbolethone
(13[beta],17[alpha]-diethyl-17[beta]-hydroxygon-4-en-3-one);
(xlviii) (xlix) norclostebol
(4-chloro-17[beta]-hydroxyestr-4-en-3-one);
(xlix) (l) norethandrolone
(17[alpha]-ethyl-17[beta]-hydroxyestr-4-en-3-one);
(l) (li) normethandrolone
(17[alpha]-methyl-17[beta]-hydroxyestr-4-en-3-one);
(li) (lii) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-2-oxa-5[alpha]-androstan-3-one);
(lii) (liii) oxymesterone
(17[alpha]-methyl-4,17[beta]-dihydroxyandrost-4-en-3-one);
(liii) (liv) oxymetholone (17[alpha]-methyl-2-hydroxymethylene-17[beta]-hydroxy-5[alpha]-androstan-3-one);
(lv) prostanozol (17 beta-hydroxy-5
alpha-androstano[3,2-C]pryazole
(liv) (lvi) stanozolol
(17[alpha]-methyl-17[beta]-hydroxy-5[alpha]-androst-2-eno[3,2-c]-pyrazole);
(lv) (lvii) stenbolone
(17[beta]-hydroxy-2-methyl-5[alpha]-androst-1-en-3-one);
(lvi) (lviii) testolactone
(13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid lactone);
(lvii) (lix) testosterone
(17[beta]-hydroxyandrost-4-en-3-one);
(lviii) (lx) tetrahydrogestrinone
(13[beta],17[alpha]-diethyl-17[beta]-hydroxygon-4,9,11-trien-3-one);
(lix) (lxi) trenbolone
(17[beta]-hydroxyestr-4,9,11-trien-3-one);
(lx) (lxii) any salt, ester,
or ether of a drug or substance described in this paragraph.
Anabolic steroids are not included if they are: (A) expressly intended for administration through implants to cattle or other nonhuman species; and (B) approved by the United States Food and Drug Administration for that use;
(2) Human growth hormones.
(3)
Chorionic gonadotropin.
(g) Hallucinogenic substances. Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a United States Food and Drug Administration approved product.
(h) Any material, compound, mixture, or preparation containing the following narcotic drug or its salt: buprenorphine.
Sec. 4. Minnesota Statutes 2014, section 152.02, subdivision 5, is amended to read:
Subd. 5. Schedule IV. (a) Schedule IV consists of the substances listed in this subdivision.
(b) Narcotic drugs. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as follows:
(1)
not more than one milligram of difenoxin and not less than 25 micrograms of
atropine sulfate per dosage unit;
(2) dextropropoxyphene (Darvon and
Darvocet).;
(3)
2-[(dimethylamino)methyl]-1-(3-methoxyphenyl)cyclohexanol, its salts, optical
and geometric isomers, and salts of these isomers (including tramadol).
(c) Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any quantity of the following substances, including its salts, isomers, and salts of isomers whenever the existence of the salts, isomers, and salts of isomers is possible:
(1) Alfaxalone
(5α-pregnan-3α-ol-11,20-dione);
(1) (2) alprazolam;
(2) (3) barbital;
(3) (4) bromazepam;
(4) (5) camazepam;
(5) (6) carisoprodol;
(6) (7) chloral betaine;
(7) (8) chloral hydrate;
(8) (9) chlordiazepoxide;
(9) (10) clobazam;
(10) (11) clonazepam;
(11) (12) clorazepate;
(12) (13) clotiazepam;
(13) (14) cloxazolam;
(14) (15) delorazepam;
(15) (16) diazepam;
(16) (17) dichloralphenazone;
(17) (18) estazolam;
(18) (19) ethchlorvynol;
(19) (20) ethinamate;
(20) (21) ethyl loflazepate;
(21) (22) fludiazepam;
(22) (23) flurazepam;
(24) fospropofol
(23) (25) halazepam;
(24) (26) haloxazolam;
(25) (27) ketazolam;
(26) (28) loprazolam;
(27) (29) lorazepam;
(28) (30) lormetazepam
mebutamate;
(29) (31) medazepam;
(30) (32) meprobamate;
(31) (33) methohexital;
(32) (34) methylphenobarbital;
(33) (35) midazolam;
(34) (36) nimetazepam;
(35) nitrazepamnordiazepam (37)
nitrazepam;
(38) nordiazepam;
(36) (39) oxazepam;
(37) (40) oxazolam;
(38) paraldehydepetrichloral (41)
paraldehyde;
(42) petrichloral;
(39) (43) phenobarbital;
(40) (44) pinazepam;
(41) (45) prazepam;
(42) (46) quazepam;
(47) Suvorexant;
(43) (48) temazepam;
(44) (49) tetrazepam;
(45) (50) triazolam;
(46) (51) zaleplon;
(47) (52) zolpidem;
(48) (53) zopiclone.
(d) Any material, compound, mixture, or preparation which contains any quantity of the following substance including its salts, isomers, and salts of such isomers, whenever the existence of such salts, isomers, and salts of isomers is possible: fenfluramine.
(e) Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers:
(1) cathine (norpseudoephedrine);
(2) diethylpropion;
(3) fencamfamine;
(4) fenproporex;
(5) mazindol;
(6) mefenorex;
(7) modafinil;
(8) pemoline (including organometallic complexes and chelates thereof);
(9) phentermine;
(10) pipradol;
(11) sibutramine;
(12) SPA (1-dimethylamino-1,2-diphenylethane).
(f) lorcaserin.
Sec. 5. Minnesota Statutes 2014, section 152.02, subdivision 6, is amended to read:
Subd. 6. Schedule V; restrictions on methamphetamine precursor drugs. (a) As used in this subdivision, the following terms have the meanings given:
(1) "methamphetamine precursor drug" means any compound, mixture, or preparation intended for human consumption containing ephedrine or pseudoephedrine as its sole active ingredient or as one of its active ingredients; and
(2) "over-the-counter sale" means a retail sale of a drug or product but does not include the sale of a drug or product pursuant to the terms of a valid prescription.
(b) The following items are listed in Schedule V:
(1) any compound, mixture, or preparation containing any of the following limited quantities of narcotic drugs, which shall include one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:
(i) not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams;
(ii) not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams;
(iii) not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit;
(iv) not more than 100 milligrams of opium per 100 milliliters or per 100 grams; or
(v) not more than 0.5 milligrams of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.
(2) Stimulants. Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substance having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers: pyrovalerone.
(3) Depressants. Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substance having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers:
(i) ezogabine;
(i) (ii) pregabalin;
(ii) (iii) lacosamide.
(4) Any compound, mixture, or preparation containing ephedrine or pseudoephedrine as its sole active ingredient or as one of its active ingredients.
(c) No person may sell in a single over-the-counter sale more than two packages of a methamphetamine precursor drug or a combination of methamphetamine precursor drugs or any combination of packages exceeding a total weight of six grams, calculated as the base.
(d) Over-the-counter sales of methamphetamine precursor drugs are limited to:
(1) packages containing not more than a total of three grams of one or more methamphetamine precursor drugs, calculated in terms of ephedrine base or pseudoephedrine base; or
(2) for nonliquid products, sales in blister packs, where each blister contains not more than two dosage units, or, if the use of blister packs is not technically feasible, sales in unit dose packets or pouches.
(e) A business establishment that offers for sale methamphetamine precursor drugs in an over-the-counter sale shall ensure that all packages of the drugs are displayed behind a checkout counter where the public is not permitted and are offered for sale only by a licensed pharmacist, a registered pharmacy technician, or a pharmacy clerk. The establishment shall ensure that the person making the sale requires the buyer:
(1) to provide photographic identification showing the buyer's date of birth; and
(2) to sign a written or electronic document detailing the date of the sale, the name of the buyer, and the amount of the drug sold.
A document described under clause (2) must be retained by the establishment for at least three years and must at all reasonable times be open to the inspection of any law enforcement agency.
Nothing in this paragraph requires the buyer to obtain a prescription for the drug's purchase.
(f) No person may acquire through over-the-counter sales more than six grams of methamphetamine precursor drugs, calculated as the base, within a 30-day period.
(g) No person may sell in an over-the-counter sale a methamphetamine precursor drug to a person under the age of 18 years. It is an affirmative defense to a charge under this paragraph if the defendant proves by a preponderance of the evidence that the defendant reasonably and in good faith relied on proof of age as described in section 340A.503, subdivision 6.
(h) A person who knowingly violates paragraph (c), (d), (e), (f), or (g) is guilty of a misdemeanor and may be sentenced to imprisonment for not more than 90 days, or to payment of a fine of not more than $1,000, or both.
(i) An owner, operator, supervisor, or manager of a business establishment that offers for sale methamphetamine precursor drugs whose employee or agent is convicted of or charged with violating paragraph (c), (d), (e), (f), or (g) is not subject to the criminal penalties for violating any of those paragraphs if the person:
(1) did not have prior knowledge of, participate in, or direct the employee or agent to commit the violation; and
(2) documents that an employee training program was in place to provide the employee or agent with information on the state and federal laws and regulations regarding methamphetamine precursor drugs.
(j) Any person employed by a business establishment that offers for sale methamphetamine precursor drugs who sells such a drug to any person in a suspicious transaction shall report the transaction to the owner, supervisor, or manager of the establishment. The owner, supervisor, or manager may report the transaction to local law enforcement. A person who reports information under this subdivision in good faith is immune from civil liability relating to the report.