STATE OF
MINNESOTA
NINETY-SECOND
SESSION - 2022
_____________________
NINETY-NINTH
DAY
Saint Paul, Minnesota, Friday, April 29, 2022
The House of Representatives convened at
9:00 a.m. and was called to order by Dan Wolgamott, Speaker pro tempore.
The members of the House paused for a
brief meditation or moment of reflection.
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:
Acomb
Agbaje
Akland
Albright
Anderson
Backer
Bahner
Bahr
Baker
Becker-Finn
Bennett
Berg
Bernardy
Bierman
Bliss
Boe
Burkel
Carlson
Christensen
Daniels
Daudt
Davids
Davnie
Dettmer
Drazkowski
Ecklund
Edelson
Elkins
Erickson
Feist
Fischer
Franke
Franson
Frazier
Frederick
Freiberg
Garofalo
Gomez
Green
Greenman
Grossell
Gruenhagen
Haley
Hamilton
Hansen, R.
Hanson, J.
Hassan
Hausman
Heinrich
Heintzeman
Her
Hertaus
Hollins
Hornstein
Howard
Huot
Igo
Johnson
Jordan
Jurgens
Keeler
Kiel
Klevorn
Koegel
Kotyza-Witthuhn
Koznick
Kresha
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Lucero
Lueck
Mariani
Marquart
McDonald
Mekeland
Moller
Moran
Morrison
Mortensen
Mueller
Munson
Murphy
Nash
Nelson, M.
Nelson, N.
Neu Brindley
Noor
Novotny
O'Driscoll
Olson, B.
Olson, L.
O'Neill
Pelowski
Petersburg
Pfarr
Pierson
Pinto
Poston
Pryor
Quam
Raleigh
Rasmusson
Reyer
Richardson
Robbins
Sandell
Sandstede
Schomacker
Schultz
Scott
Stephenson
Sundin
Swedzinski
Theis
Thompson
Torkelson
Urdahl
Vang
Wazlawik
West
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
A quorum was present.
Miller was excused.
Masin was excused until 11:20 a.m. Demuth was excused until 2:50 p.m. Boldon was excused until 11:15 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.
REPORTS OF STANDING COMMITTEES
AND DIVISIONS
Moran from the Committee on Ways and Means to which was referred:
H. F. No. 778, A bill for an act relating to gambling; authorizing and providing for sports betting; establishing licenses; prohibiting local restrictions; providing for taxation of sports betting; providing civil and criminal penalties; providing for amateur sports grants; requiring reports; appropriating money; amending Minnesota Statutes 2020, sections 260B.007, subdivision 16; 609.75, subdivisions 3, 4, 7, by adding a subdivision; 609.755; 609.76, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 240A; 299L; 609; proposing coding for new law as Minnesota Statutes, chapter 297J.
Reported the same back with the following amendments:
Page 16, delete lines 2 to 4 and insert:
"Application, license, and renewal fees shall be deposited in the sports betting revenue account in the special revenue fund."
Page 26, delete lines 1 to 21 and insert:
"Subd. 7. Distribution
of funds. (a) The sports
betting revenue account is established in the special revenue fund. All amounts collected by the commissioner
under this chapter must be deposited in the account and distributed as provided
in this subdivision. Any money remaining
in the account at the end of each fiscal year does not cancel. Interest and income earned on money in the
account, after deducting any applicable charges, shall be credited to the
account. After deducting any amounts
necessary to pay the refunds under subdivision 5, the money shall be
distributed as provided in paragraphs (b) to (d).
(b) $2,700,000 is appropriated from the
sports betting revenue account to the commissioner of public safety to regulate
mobile sports betting under sections 299L.10 to 299L.80.
(c) $1,353,000 is appropriated from the
sports betting revenue account to the commissioner of revenue to administer the
tax established in this chapter.
(d) Of the amount remaining in the
sports betting revenue account after the appropriations in paragraphs (b) and
(c) have been made:
(1) 50 percent is appropriated to the
commissioner of human services of which half is for the compulsive gambling
treatment program established under section 245.98, and half is for a grant to
the state affiliate recognized by the National Council on Problem Gambling to
be used to increase public awareness of problem gambling, provide education and
training for individuals and organizations providing effective treatment services
to problem gamblers and their families, and research relating to problem
gambling. Money appropriated by this
clause must supplement and must not replace existing state funding for these
programs; and
(2) 50 percent shall be transferred to the amateur sports integrity and participation account established pursuant to section 240A.15, subdivision 1."
Page 26, line 23, before the period, insert ", except that subdivision 7 is effective July 1, 2022, and applies to license and renewal fees received after June 30, 2022, and sports betting net revenue received after June 30, 2023"
Page 27, line 12, delete "......." and insert "June 30, 2023."
Page 37, delete lines 5 to 7 and insert:
"Subdivision 1. Appropriation. Notwithstanding any law to the contrary, before the distribution required under Minnesota Statutes, section 297J.02, subdivision 7, paragraph (d), $150,000 in fiscal year 2023 is appropriated from the sports betting revenue account in the special revenue fund to the commissioner of public safety for a grant to a nonprofit organization to conduct a study on the gambling motivations and beliefs of young adult gamblers. The commissioner may not use any amount of this appropriation to administer the grant. This is a onetime appropriation."
Page 38, line 2, delete "$......." and insert "$1,301,000" and delete "general" and insert "sports betting revenue account in the special revenue"
Page 38, line 4, delete everything after the period and insert "Notwithstanding any law to the contrary, this appropriation must be made before the distribution required under Minnesota Statutes, section 297J.02, subdivision 7, paragraph (d). This is a onetime appropriation."
Page 38, delete line 5
Page 38, line 7, delete "$......." and insert "$328,000" and delete "general" and insert "sports betting revenue account in the special revenue"
Page 38, line 9, delete everything after the first period and insert "Notwithstanding any law to the contrary, this appropriation must be made before the distribution required under Minnesota Statutes, section 297J.02, subdivision 7, paragraph (d). This is a onetime appropriation."
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Moran from the Committee on Ways and Means to which was referred:
H. F. No. 2767, A bill for an act relating to liquor; modifying various provisions regulating the sale and production of intoxicating liquor; modifying various licensing provisions; establishing a liquor regulation advisory council; providing for tax on certain malt beverages; providing for direct shipments of wine; authorizing local licenses; appropriating money; amending Minnesota Statutes 2020, sections 13.6905, by adding a subdivision; 295.75, subdivision 4; 297A.83, subdivision 1; 297G.07, subdivision 1; 299A.706; 340A.101, subdivision 16; 340A.22, subdivisions 1, 2, 4; 340A.28, subdivision 2; 340A.301, subdivision 8; 340A.304; 340A.307, subdivisions 1, 2, 4; 340A.404, subdivisions 1, 1a, 6, 10; 340A.410, subdivision 10; 340A.412, subdivision 14; 340A.417; 340A.504, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 340A.
Reported the same back with the following amendments:
Page 1, after line 15, insert:
"Section 1. Minnesota Statutes 2020, section 340A.101, is amended by adding a subdivision to read:
Subd. 9a. Distilled
spirits manufacturer. "Distilled
spirits manufacturer" means a distillery operated within the state
producing distilled spirits in a total quantity exceeding the proof gallons
limit for a microdistillery in a calendar year.
EFFECTIVE DATE. This section is effective the day following final enactment."
Page 1, line 20, delete "carbohydrate" and insert "malt substitute"
Page 2, delete sections 2 and 3
Page 3, delete section 4 and insert:
"Sec. 3. Minnesota Statutes 2020, section 340A.22, is amended to read:
340A.22
MICRODISTILLERIES; DISTILLED SPIRIT MANUFACTURERS.
Subdivision 1. Activities. (a) A microdistillery licensed under this chapter may provide on its premises samples of distilled spirits manufactured on its premises, in an amount not to exceed 15 milliliters per variety per person. No more than 45 milliliters may be sampled under this paragraph by any person on any day.
(b) A microdistillery or distilled spirits manufacturer can sell cocktails to the public, pursuant to subdivision 2.
(c) A microdistillery or distilled spirits manufacturer may not operate a cocktail room under subdivision 2 or conduct sales at off-sale under subdivision 4 unless at least 50 percent of the annual production of the licensee is processed and distilled on premises.
(d) For purposes of calculating annual
production under paragraph (c), distilled spirits that are bottled by the licensee under a contract bottling agreement with
a third party are excluded from the licensee's annual production if the:
(1) third-party contractor is an
independent entity that is not owned or controlled by the licensee;
(2) distilled spirits bottled under a
third-party contract are not available for sale or marketed by the licensee or
the third party at any location licensed under subdivision 2 or 4; and
(3) distilled spirits bottled under a
third-party contract are available for distribution by wholesalers.
(d) (e) Distilled spirits
produced or in production prior to July 1, 2017, are not counted as part of the
calculations under paragraph (c).
Subd. 2. Cocktail room license. (a) A municipality, including a city with a municipal liquor store, may issue the holder of a microdistillery license or distilled spirits manufacturer license under this chapter a microdistillery or distilled spirits manufacturer cocktail room license. A microdistillery cocktail room license authorizes on-sale of distilled liquor produced by the distiller for consumption on the premises of or adjacent to one distillery location owned by the distiller. Notwithstanding section 340A.504, subdivision 3, a cocktail room may be open and may conduct on-sale business on Sundays if authorized by the municipality. Nothing in this subdivision precludes the holder of a microdistillery or distilled spirits manufacturer cocktail room license from also holding a license to operate a restaurant at the distillery. Section 340A.409 shall apply to a license issued under this subdivision. All provisions of this chapter that apply to a retail liquor license shall apply to a license issued under this subdivision unless the provision is explicitly inconsistent with this subdivision.
(b) A distiller may only have one cocktail
room license under this subdivision, and may not have an ownership interest
in a distillery licensed under section 340A.301, subdivision 6, clause (a).
(c) The municipality shall impose a licensing fee on a distiller holding a microdistillery or distilled spirits manufacturer cocktail room license under this subdivision, subject to limitations applicable to license fees under section 340A.408, subdivision 2, paragraph (a).
(d) A municipality shall, within ten days of the issuance of a license under this subdivision, inform the commissioner of the licensee's name and address and trade name, and the effective date and expiration date of the license. The municipality shall also inform the commissioner of a license transfer, cancellation, suspension, or revocation during the license period.
(e) No single entity may hold both a cocktail room and taproom license, and a cocktail room and taproom may not be colocated.
Subd. 3. License; fee. The commissioner shall establish a fee for licensing microdistilleries that adequately covers the cost of issuing the license and other inspection requirements. The fees shall be deposited in an account in the special revenue fund and are appropriated to the commissioner for the purposes of this subdivision. All other requirements of section 340A.301 apply to a license under this section.
Subd. 4. Off-sale
license. (a) A
microdistillery may be issued a license by the local licensing authority for
off‑sale of distilled spirits, with the approval of the commissioner. The license may allow the sale of one 375
milliliter bottle per customer per day of product manufactured on site sales
as provided in paragraph (b), subject to the following requirements:
(1)
off-sale hours of sale must conform to hours of sale for retail off-sale
licensees in the licensing municipality; and
(2) no brand may be sold at the microdistillery unless it is also available for distribution by wholesalers.
(b) The license allows a
microdistillery to sell product manufactured on site to each customer per day
under either one of the following amount and container size limitations:
(1) up to a total of 750 milliliters,
in any size container approved under paragraph (c); or
(2) up to a total of 1.125 liters, in
any size container approved under paragraph (c) that does not exceed 375
milliliters.
(c) The commissioner may approve any
standard fill as approved by the Alcohol and Tobacco Tax and Trade Bureau.
EFFECTIVE DATE. This section is effective the day following final enactment."
Page 10, strike lines 7 to 11
Page 10, line 12, strike the old language and delete the new language
Page 10, strike line 13
Page 10, line 14, strike "(c)" and insert "(b)"
Page 10, line 15, strike "paragraphs" and insert "paragraph" and strike "and (b)"
Page 10, line 17, delete "(d)" and insert "(c)"
Page 12, line 9, delete "nine" and insert "12"
Page 12, line 11, delete "three" and insert "four"
Page 12, line 14, delete "and"
Page 12, line 17, after the semicolon, insert "and"
Page 12, after line 17, insert:
"(iv) one member must represent or be employed by a food retailer or convenience store;"
Page 12, line 18, delete "three" and insert "four"
Page 12, line 21, delete "and"
Page 12, after line 23, insert:
"(iv) one member must represent or be employed by any wholesaler of alcoholic beverages; and"
Page 12, line 24, delete "three" and insert "four"
Page 12, delete line 29 and insert:
"(iii) one member must represent or be employed by a farm winery licensed under section 340A.315; and"
Page 12, line 30, delete "(iii)" and insert "(iv)"
Page 12, line 31, delete "item" and insert "items" and delete "or (ii)" and insert "to (iii)"
Page 21, after line 17, insert:
"Sec. 10. APPROPRIATIONS.
(a) $568,000 in fiscal year 2023 is
appropriated from the general fund to the commissioner of public safety for the
Division of Alcohol and Gambling Enforcement to implement and administer this
article. The base for this appropriation
is $441,000 in fiscal year 2024 and $441,000 in fiscal year 2025.
(b) $166,000 in fiscal year 2023 is appropriated from the general fund to the commissioner of revenue to administer the tax provisions of this article. The base for this appropriation is $130,000 in fiscal year 2024 and $130,000 in fiscal year 2025."
Page 23, after line 6, insert:
"Sec. 5. CITY
OF ANOKA; SPECIAL LICENSE.
Subdivision 1. Social
district; consumption allowed. The
city of Anoka may issue a social district license to any holder of an on-sale
license whose on-sale premises is contiguous with the premises of the social
district designated in subdivision 2. The
license authorizes consumption, but not sales or service, of alcoholic
beverages sold by the on-sale licensee within the social district.
Subd. 2. Designation
of social district. (a) Prior
to issuing the license in subdivision 1, the city of Anoka must designate and
describe the premises of the social district.
The district may not include any area under the ownership or control of
a person that objects to the extension of the social district to that area.
(b) The designation must
include the specific premises where consumption of alcoholic beverages is
allowed and also include the proposed hours and days in which consumption of
alcoholic beverages is allowed in the social district. The city of Anoka must adopt the designation
by ordinance prior to issuing the license in subdivision 1.
Subd. 3. Boundaries
clearly defined. The social
district must be clearly defined with signs posted in a conspicuous location
indicating the area included in the social district and the days and hours
during which alcoholic beverages may be consumed in the district. In addition, signs must include:
(1) the local law enforcement agency
with jurisdiction over the area comprising the social district; and
(2) a clear statement that an alcoholic
beverage purchased for consumption in the social district shall:
(i) only be consumed in the social
district; and
(ii) be disposed of before the person in
possession of the alcoholic beverage exits the social district unless the
person is reentering the licensed premises where the alcoholic beverage was
purchased.
Subd. 4. Management
and maintenance. The city of
Anoka must establish management and maintenance plans for the social district
and post these plans, along with a rendering of the boundaries of the social
district and days and hours during which alcoholic beverages may be consumed in
the district, on the website for the city of Anoka. The social district must be maintained in a
manner that protects the health and safety of the general public.
Subd. 5. Requirements
for on-sale licensees. An
on-sale licensee holding a social district license may only sell and serve
alcoholic beverages on the premises specified in the licensee's on-sale license. The licensee must not allow a person to enter
or reenter its on-sale licensed premises with an alcoholic beverage not sold by
the on-sale licensee. Sales for
consumption in the social district must meet the following container
requirements:
(1) the container clearly identifies the
on-sale licensee from which the alcoholic beverage was purchased;
(2) the container clearly displays a
logo or some other mark that is unique to the social district in which it will
be consumed;
(3) the container is not comprised of
glass;
(4) the container displays, in no less
than 12-point font, the statement, "Drink Responsibly – Be 21."; and
(5) the container shall not hold more
than 16 fluid ounces.
Subd. 6. Additional
social district requirements. The
possession and consumption of an alcoholic beverage in a social district is
subject to all of the following requirements:
(1) only alcoholic beverages purchased
from an on sale-licensee holding a social district license located in or
contiguous to the social district may be possessed and consumed in the
district;
(2) alcoholic beverages shall only be in
containers meeting the requirements set forth in subdivision 5;
(3) alcoholic beverages shall only be
possessed and consumed during the days and hours set by the city of Anoka as
specified in subdivision 2; and
(4) a person shall dispose of any
alcoholic beverage in the person's possession prior to exiting the social
district unless the person is reentering the on-sale licensed premises where
the alcoholic beverage was purchased.
EFFECTIVE
DATE. This section is
effective upon approval by the Anoka City Council and compliance with Minnesota
Statutes, section 645.021.
Sec. 6. CITY
OF ROCHESTER; ON-SALE LICENSE.
Notwithstanding any law or ordinance to
the contrary, in addition to the number of licenses authorized, the city of
Rochester may issue an on-sale wine license and an on-sale malt liquor license
to a nonprofit association comprised of members participating in adult athletic
competitions and related events at the McQuillan Park Softball Complex. The licenses must authorize the dispensing of
wine or malt liquor only to persons attending events at the complex for
consumption on the premises. A license
issued under this section authorizes sales on all days of the week to persons
attending adult events at the complex.
EFFECTIVE DATE. This section is effective upon approval by the Rochester City Council and compliance with Minnesota Statutes, section 645.021."
Renumber the sections in sequence
Correct the title numbers accordingly
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Moran from the Committee on Ways and Means to which was referred:
H. F. No. 3768, A bill for an act relating to civil law; amending process for and approval of transfer of structured settlement; providing for enforcement of violations of prohibited practices; amending Minnesota Statutes 2020, sections 549.30, subdivisions 3, 6, 15, 19, by adding subdivisions; 549.31; 549.32; 549.34; proposing coding for new law in Minnesota Statutes, chapter 549.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2020, section 549.30, subdivision 1, is amended to read:
Subdivision 1. Application. For purposes of sections 549.30 to 549.34
549.41, the terms defined in this section have the meanings given them.
Sec. 2. Minnesota Statutes 2020, section 549.30, is amended by adding a subdivision to read:
Subd. 3a. Assignee. "Assignee" means a person
acquiring or proposing to acquire structured settlement payments from a
structured settlement purchase company or transferee after, or concurrently
with, the transfer of the structured settlement payment rights by the payee to
the structured settlement purchase company or transferee.
Sec. 3. Minnesota Statutes 2020, section 549.30, is amended by adding a subdivision to read:
Subd. 3b. Secretary. "Secretary" means the
secretary of state.
Sec. 4. Minnesota Statutes 2020, section 549.30, subdivision 5, is amended to read:
Subd. 5. Discounted
present value. "Discounted
present value" means, with respect to a proposed transfer of structured
settlement payment rights, the fair present value of future
payments, as determined by discounting the payments to the present using the
most recently published applicable federal rate for determining the present
value of an annuity, as issued by the United States Internal Revenue Service.
Sec. 5. Minnesota Statutes 2020, section 549.30, is amended by adding a subdivision to read:
Subd. 5a. Effective
annual interest rate. "Effective
annual interest rate" means the effective rate of interest per year the
payee will be paying the transferee based on the net advance amount that a
payee will receive from the transferee and the amounts and timing of the
structured settlement payments that the payee is transferring to the
transferee.
Sec. 6. Minnesota Statutes 2020, section 549.30, is amended by adding a subdivision to read:
Subd. 5b. Gross
advance amount. "Gross
advance amount" means the sum payable to the payee or for the payee's
account as consideration for a transfer of structured settlement payment rights
before any reductions for transfer expenses or other deductions to be made from
such consideration.
Sec. 7. Minnesota Statutes 2020, section 549.30, subdivision 6, is amended to read:
Subd. 6. Independent
professional advice. "Independent
professional advice" means advice of an attorney, certified public
accountant, actuary, or other licensed professional adviser: (1) who is engaged by a payee to render
advice concerning the legal, tax, and financial implications of a transfer of
structured settlement payment rights; (2) who is not in any manner affiliated
with or compensated by the transferee of the transfer; and (3) whose
compensation for providing the advice is not affected by whether a transfer
occurs or does not occur.
Sec. 8. Minnesota Statutes 2020, section 549.30, subdivision 7, is amended to read:
Subd. 7. Interested parties. "Interested parties" means the payee, a beneficiary irrevocably designated under the annuity contract to receive payments following the payee's death or, if the designated beneficiary is a minor, the designated beneficiary's parent or guardian, the annuity issuer, the structured settlement obligor, and any other party to the structured settlement that has continuing rights or obligations to receive or make payments under the structured settlement.
Sec. 9. Minnesota Statutes 2020, section 549.30, is amended by adding a subdivision to read:
Subd. 7a. Net
advance amount. "Net
advance amount" means the gross advance amount, less the aggregate amount
of the actual and estimated transfer expenses.
Sec. 10. Minnesota Statutes 2020, section 549.30, is amended by adding a subdivision to read:
Subd. 8a. Periodic
payments. "Periodic
payments" includes both recurring payments and scheduled future lump-sum
payments.
Sec. 11. Minnesota Statutes 2020, section 549.30, is amended by adding a subdivision to read:
Subd. 8b. Prospective
payee. "Prospective
payee" means an individual who is receiving tax-free payments under a
structured settlement pursuant to United States Code, title 26, section 130,
and who has been personally and individually solicited by and has not yet
proposed to transfer all or a portion of the structured settlement payment
rights to a structured settlement purchase company.
Sec. 12. Minnesota Statutes 2020, section 549.30, subdivision 9, is amended to read:
Subd. 9. Qualified
assignment agreement. "Qualified
assignment agreement" means an agreement providing for a qualified
assignment as provided by the United States Internal Revenue Code, title 26,
section 130, as amended through December 31, 1998.
Sec. 13. Minnesota Statutes 2020, section 549.30, subdivision 13, is amended to read:
Subd. 13. Structured
settlement agreement. "Structured
settlement agreement" means the agreement, judgment, stipulation, or
release embodying the terms of a structured settlement, including the rights
of the payee to receive periodic payments.
Sec. 14. Minnesota Statutes 2020, section 549.30, subdivision 15, is amended to read:
Subd. 15. Structured
settlement payment rights. "Structured
settlement payment rights" means rights to receive periodic payments,
including lump-sum payments, under a structured settlement, whether from
the settlement obligor or the annuity issuer, where: (1) the payee or any other interested party
is domiciled in the state; or (2) the structured settlement agreement
was approved by a court or responsible administrative authority in the state;
or (3) the settled claim was pending before the courts of this state when the
parties entered into the structured settlement agreement.
Sec. 15. Minnesota Statutes 2020, section 549.30, is amended by adding a subdivision to read:
Subd. 15a. Structured
settlement purchase company. "Structured
settlement purchase company" means a person that acts as a transferee in
the state and who is registered with the secretary pursuant to section 549.35.
Sec. 16. Minnesota Statutes 2020, section 549.30, is amended by adding a subdivision to read:
Subd. 15b. Structured
settlement transfer proceeding. "Structured
settlement transfer proceeding" means a court proceeding initiated by the
filing of an application by a structured settlement purchase company seeking
court approval of a transfer in accordance with sections 549.30 to 549.41.
Sec. 17. Minnesota Statutes 2020, section 549.30, subdivision 17, is amended to read:
Subd. 17. Transfer. "Transfer" means a sale,
assignment, pledge, hypothecation, or other form of alienation or encumbrance
made by a payee for consideration. A
transfer does not include the creation or perfection of a security interest in
structured settlement payment rights under a blanket security agreement entered
into with an insured depository institution, in the absence of any action to
redirect the structured settlement payments to such insured depository
institution, or an agent or successor in interest thereof, or otherwise to
enforce such blanket security interest against the structured settlement
payment rights.
Sec. 18. Minnesota Statutes 2020, section 549.30, is amended by adding a subdivision to read:
Subd. 18a. Transfer
expense. "Transfer
expense" means all expenses of a transfer that are required under the
transfer agreement to be paid by the payee or deducted from the gross advance
amount, including, without limitation, court filing fees, attorney fees, escrow
fees, lien recordation fees, and judgment and lien search fees. Transfer expense does not include preexisting
obligations of the payee payable for the payee's account from the proceeds of
the transfer.
Sec. 19. Minnesota Statutes 2020, section 549.30, is amended by adding a subdivision to read:
Subd. 18b. Transfer
order. "Transfer
order" means an order approving a transfer in accordance with sections
549.30 to 549.41.
Sec. 20. Minnesota Statutes 2020, section 549.30, subdivision 19, is amended to read:
Subd. 19. Transferee. "Transferee" means a person who
is receiving or will receive structured settlement payment rights resulting
from a transfer acquiring or proposing to acquire structured settlement
payment rights through a transfer.
Sec. 21. [549.35]
REGISTRATION; SURETY BOND.
Subdivision 1. Registration
required. A person shall not
act as a transferee, attempt to acquire structured settlement payment rights
through a transfer from a payee who resides in this state, or file a structured
settlement transfer proceeding unless the person is registered with the
secretary to do business in this state as a structured settlement purchase
company.
Subd. 2. Forms;
process. A person may apply
pursuant to this section with the secretary for a registration to do business
in this state as a structured settlement purchase company. An application for an initial or renewed
registration must be submitted on a form prescribed by the secretary. An initial or renewed registration is valid
for one year from the date it is issued, expires one year after it is issued,
and may be renewed annually by the registrant on or before the expiration date.
Subd. 3. Application;
surety bond. (a) Each initial
or renewal application must contain a sworn certification by an owner; officer;
director or manager of the applicant, if the applicant is not a natural person;
or by the applicant if the applicant is a natural person, certifying that:
(1) the applicant has secured a surety
bond payable to the state, has been issued a letter of credit, or has posted a
cash bond in the amount of $50,000. The
security device must be in a form satisfactory to the secretary and must run to
the state for the benefit of any payee claimant to secure the faithful
performance of the obligation of the structured settlement purchase company
under the law, and the secretary shall have no other duty than to receive the
sworn certification of surety bond; and
(2) the applicant shall comply with
sections 549.30 to 549.41 when acting as a structured settlement purchase
company and filing structured settlement transfer proceedings.
(b) A surety bond, letter of credit, or
cash bond obtained under this section must be effective concurrently with the
registration of the applicant and must remain in effect for not less than three
years after the expiration or termination of the registration. The surety bond, letter of credit, or cash
bond must be renewed each year as needed to keep it continuously in effect when
the registration of the applicant is renewed.
Subd. 4. Postjudgment
notice. No later than ten
days after a judgment is obtained against a structured settlement purchase
company by a payee, the structured settlement purchase company shall file a
notice with the secretary and, if applicable, the surety which issued the
surety bond used by the structured settlement purchase company to satisfy the
requirements under subdivision 3. The
notice must contain:
(1) a copy of the judgment;
(2) the name and address of the judgment creditor; and
(3) the status of the matter,
including whether the judgment will be appealed or has been paid or satisfied.
Subd. 5. Effect
on liability and transfer orders. (a)
The liability of the surety which issued a surety bond used by a structured settlement purchase company to satisfy
the requirements under subdivision 3 must not be affected by a:
(1) breach of contract, breach of
warranty, failure to pay a premium, or other act or omission of the structured
settlement purchase company; or
(2) insolvency or bankruptcy of the structured settlement purchase company.
(b) Except as otherwise provided in section 549.36, a transfer order signed by a court of competent jurisdiction pursuant to section 549.40 constitutes a qualified order under United States Code, title 26, section 5891. If a transferee to which the transfer order applies is not registered as a structured settlement purchase company pursuant to this section at the time the transfer order is signed, the transfer order does not constitute a qualified order under United States Code, title 26, section 5891.
Subd. 6. Cancellation
or modification. (a) A surety
which issued a surety bond used by a structured settlement purchase company to
satisfy the requirements under subdivision 3 and the structured settlement purchase
company which obtained the surety bond shall not cancel or modify the surety
bond during the term for which it is issued unless the surety or the structured
settlement purchase company provides written notice to the secretary at least
20 days before the effective date of the cancellation or modification.
(b) If a surety bond used by a
structured settlement purchase company to satisfy the requirements of
subdivision 3 is modified so as to make the surety bond not comply with any
provision of sections 549.30 to 549.41, or the surety bond is canceled, the
registration of the structured settlement purchase company expires on the
effective date of the modification or cancellation unless a new surety bond,
letter of credit, or cash bond which complies with sections 549.30 to 549.41,
is filed with the secretary on or before the effective date of the modification
or cancellation.
(c) A modification or cancellation of a surety bond used by a structured settlement purchase company to satisfy the requirements of subdivision 3 does not affect any liability of the bonded surety company incurred before the modification or cancellation of the surety bond.
Subd. 7. Exemptions. (a) An assignee is not required to register as a structured settlement purchase company to acquire structured settlement payment rights or to take security interest in structured settlement payment rights that were transferred by the payee to a structured settlement purchase company.
(b) An employee of a structured settlement purchase company, if acting on behalf of the structured settlement purchase company in connection with a transfer, is not required to be registered.
Subd. 8. Fee. $700 shall be paid to the secretary of
state at the time of making an initial registration application and $200 shall
be paid for a renewal under this section.
EFFECTIVE
DATE. This section is
effective January 1, 2023.
Sec. 22. [549.36]
PROHIBITED PRACTICES; PENALTIES.
Subdivision 1. Prohibited
practices. A transferee or
structured settlement purchase company and an employee or other representative
of a transferee or structured settlement purchase company shall not engage in
the following actions:
(1) pursue or complete a transfer with a payee without complying with all applicable provisions of sections 549.30 to 549.41;
(2) refuse or fail to fund a
transfer after court approval of the transfer;
(3) acquire structured settlement
payment rights from a payee without complying with all applicable provisions of
sections 549.30 to 549.41, including obtaining court approval of the transfer;
(4) intentionally file a structured
settlement transfer proceeding in any court other than the court specified in
section 549.40, unless the transferee is required to file in a different court
by applicable law;
(5) except as otherwise provided in
this clause, pay a commission or finder's fee to any person for facilitating or
arranging a structured settlement transfer with a payee. The provisions of this clause do not prevent
a structured settlement purchase company from paying:
(i) a salary, commission, or other
compensation to a person who is an employee of a structured settlement purchase
company; or
(ii) routine transfer expenses to third
parties, including, without limitation, court filing fees, escrow fees, lien
recordation fees, judgment and lien search fees, attorney fees, and other
similar fees relating to a transfer;
(6) attempt to coerce, bribe, or
intimidate a payee seeking to transfer structured settlement payment rights,
including providing any gift, loan, extension of credit, advance, or other
forms of consideration paid to or given to the payee as an inducement to enter
a transfer agreement;
(7) attempt to defraud a payee or any
party to a structured settlement transfer or any interested party in a
structured settlement transfer proceeding by any means, including but not
limited to forgery or false identification;
(8) except as otherwise provided in
this clause, intervene in a pending structured settlement transfer proceeding
if the transferee or structured settlement purchase company is not a party to
the proceeding or an interested party relative to the proposed transfer which
is the subject of the pending structured settlement transfer proceeding. The provisions of this clause do not prevent
a structured settlement purchase company from intervening in a pending
structured settlement transfer proceeding if the payee has signed a transfer
agreement with the structured settlement purchase company within 60 days before
the filing of the pending structured settlement transfer proceeding and the
structured settlement purchase company which filed the pending structured
settlement transfer proceeding violated any provision in sections 549.30 to
549.41 in connection with the proposed transfer that is the subject of the
pending structured settlement transfer proceeding;
(9) except as otherwise provided in
this clause, knowingly contact a payee who has signed a transfer agreement and
is pursuing a proposed transfer with another structured settlement purchase
company for the purpose of inducing the payee into canceling the proposed
transfer or transfer agreement with the other structured settlement purchase
company if a structured settlement transfer proceeding has been filed by the
other structured settlement purchase company and is pending. The provisions of this clause do not apply if
no hearing has been held in the pending structured settlement transfer
proceeding within 90 days after the filing of the pending structured settlement
transfer proceeding;
(10) fail to dismiss a pending structured settlement transfer proceeding at the request of the payee. A dismissal of a structured settlement proceeding after a structured settlement purchase company has violated the provisions of this clause does not exempt the structured settlement purchase company from any liability under this section;
(11) solicit a payee or prospective
payee through the conveyance of a document that resembles a check or other form
of payment;
(12) provide a transfer
agreement or related document that purports to give the transferee the first
choice or option to purchase any remaining structured settlement payment rights
belonging to the payee that are not subject to the structured settlement
transfer proceeding; or
(13) communicate with a payee, a
prospective payee, or a person associated with the payee:
(i) after the payee, prospective payee,
or person associated with the payee has informed the structured settlement
purchase company to cease further communication;
(ii) at any unusual time or at a time
that the structured settlement purchase company knows is inconvenient to the
consumer. In the absence of the
structured settlement purchase company's knowledge of circumstances to the
contrary, a time at the consumer's location before 8:00 a.m. and after 9:00 p.m.
is inconvenient. This clause shall not
apply to a payee, prospective payee, or person associated with the payee who
has opted in and agreed to allow the structured settlement purchase company to
contact the person when necessary; or
(iii) repeatedly or continuously with
intent to annoy, abuse, or harass a payee, prospective payee, or person
associated with the payee.
Subd. 2. Prohibitions
regarding provision of independent professional advice. (a) A transferee or structured
settlement purchase company and an employee or other representative of a
transferee or structured settlement purchase company shall not instruct a payee
to hire or directly refer a payee or prospective payee to seek independent
professional advice from a specific person, except that a structured settlement
purchase company may refer a payee to a state or local referral service, bar
association, legal aid, or any other entity unrelated to the structured settlement
purchase company.
(b) A person rendering independent
professional advice to a payee or prospective payee is not to be affected by
whether a transfer occurs or does not occur and must not in any manner be
affiliated with or compensated by the transferee or a structured settlement
purchase company unless ordered by the court.
Subd. 3. Enforcement;
remedies. (a) A violation of
this section is a deceptive practice in violation of section 325F.69.
(b) A payee may file a motion in the
district court in which the structured settlement transfer proceeding was
pending alleging a violation of subdivision 1 and may pursue all rights and
remedies to which the payee may be entitled pursuant to sections 549.30 to
549.41, or any other applicable law.
(c) A structured settlement purchase
company may file a motion in district court in which the structured settlement
transfer proceeding was pending to enforce subdivision 1, clauses (4), (7), and
(9) to (11), and may pursue all remedies to which the structured settlement
purchase company may be entitled pursuant to sections 549.30 to 549.41, or any
other applicable law.
(d) If a court finds that a structured
settlement purchase company or transferee is in violation of subdivision 1, the
court may:
(1) revoke the registration of the
structured settlement purchase company;
(2) suspend the registration of the
structured settlement purchase company for a period to be determined at the
discretion of the court;
(3) enjoin the structured settlement
purchase company or transferee from filing new structured settlement transfer
proceedings in this state or otherwise pursuing transfers in this state; and
(4) order other equitable relief as
determined by the court.
Sec. 23. [549.37]
REQUIRED DISCLOSURES TO PAYEE.
Not less than ten days before the date
on which a payee signs a transfer agreement, the transferee shall provide to
the payee a separate disclosure statement, in bold type no smaller than
14-point font, setting forth the following:
(1) the amounts and due dates of the
structured settlement payments to be transferred;
(2) the aggregate amount of such
payments;
(3) the discounted present value of the
payments to be transferred, which must be identified as the "calculation
of current value of the transferred structured settlement payments under
federal standards for valuing annuities," and the amount of the applicable
federal rate used in calculating such discounted present value;
(4) the gross advance amount;
(5) an itemized list of all applicable
transfer expenses, other than attorney fees and related disbursements, payable
in connection with the transferee's application for approval of the transfer,
and the transferee's best estimate of the amount of any such attorney fees and
related disbursements;
(6) the effective annual interest rate,
which must be disclosed in a statement in the following form: "On the basis of the net amount that you
will receive from us and the amounts and timing of the structured settlement payments that you are transferring to us, you
will, in effect be paying interest to us at a rate of ....... percent per year.";
(7) the net advance amount;
(8) the quotient, expressed as a
percentage, obtained by dividing the net payment amount by the discounted
present value of the payments;
(9) the amount of any penalties or
liquidated damages payable by the payee in the event of any breach of the
transfer agreement by the payee;
(10) that the payee has the right to
cancel the transfer agreement, without penalty or further obligation, until the
transfer is approved by the court;
(11) that the payee has the right to
seek and receive independent professional advice from an attorney, certified
public accountant, actuary, or other licensed professional adviser regarding
the proposed transfer and should consider doing so before agreeing to the
transfer of any structured settlement payment rights. It is prohibited for us to refer you to a
specific independent professional adviser.
We may refer you to a state or local referral service, bar association,
legal aid, or any other entity unrelated to us which assists people with
locating independent professional advice, if requested; and
(12) that the payee has the right to
seek out and consider additional offers for transferring the structured
settlement payment rights and should do so.
Sec. 24. [549.38]
CONDITIONS AND APPROVAL OF TRANSFERS OF STRUCTURED SETTLEMENT PAYMENT RIGHTS
AND STRUCTURED SETTLEMENT AGREEMENTS.
Subdivision 1. Conditions;
approval. (a) No direct or
indirect transfer of structured settlement payment rights shall be effective
and no structured settlement obligor or annuity issuer shall be required to
make any payment directly or indirectly to a transferee or assignee of
structured settlement payment rights unless the transfer has been approved in
advance in a final court order based on express findings by the court that:
(1) the transfer is in the best
interests of the payee, taking into account the welfare and support of the
payee's dependents, if any;
(2) the payee has been advised
in writing by the transferee to seek independent professional advice regarding
the legal, tax, and financial implications of the transfer and if the payee has
knowingly declined advice; and
(3) the transfer does not contravene an
applicable statute or order of a court or other governmental authority.
(b) In determining whether a proposed
transfer is in the best interests of the payee, taking into consideration the
payee's dependents, if any, the court shall, among other things, consider the
following:
(1) the reasonable preference of the
payee, in light of the payee's age, mental capacity, maturity level,
understanding of the terms of the agreement, and stated purpose for the
transfer;
(2) if the periodic payments were
intended to cover future income or losses or future medical expenses, whether
the payee has means of support aside from the structured settlement to meet
those obligations;
(3) whether the payee can meet the
financial needs of, and obligations to, the payee's dependents if the transfer
is allowed to proceed, including child support and spousal maintenance;
(4) whether the payee completed
previous transactions involving the payee's structured settlement payment
rights and the timing, size, stated purpose, and actual use of the proceeds;
(5) the impact of the proposed transfer
on current or future eligibility of the payee or the payee's dependents for
public benefits; and
(6) any other factors or facts the
court determines are relevant and should be considered.
Subd. 2. Additional
conditions for transfer of minor's structured settlement payment rights. No direct or indirect transfer of a
minor's structured settlement payment rights by a parent, conservator, or
guardian shall be effective and no structured settlement obligor or annuity
issuer shall be required to make a payment directly or indirectly to a
transferee or assignee of structured settlement payment rights unless, in
addition to the findings required under subdivision 1, the court also finds that:
(1) the proceeds of the proposed
transfer would be applied solely for support, care, education, health, and
welfare of the minor payee; and
(2) any excess proceeds would be
preserved for the future support, care, education, health, and welfare of the
minor payee and transferred to the minor payee upon emancipation.
Sec. 25. [549.39]
EFFECTS OF TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS.
Following a transfer of structured settlement payment rights:
(1) the structured settlement obligor
and the annuity issuer may rely on the court order approving the transfer in
redirecting periodic payments to an assignee or transferee in accordance with
the order approving the transfer and shall, as to all parties except the
transferee or an assignee designated by the transferee, be discharged and
released from any and all liability for the redirected payments and such
discharge and release shall not be affected by the failure of any party to the
transfer to comply with this chapter or with the court order approving the
transfer;
(2) the transferee is liable to the
structured settlement obligor and the annuity issuer:
(i) if the transfer contravenes the
terms of the structured settlement, for any taxes incurred by the structured
settlement obligor or annuity issuer as a consequence of the transfer; and
(ii) for any other liabilities
or costs, including reasonable costs and attorney fees, arising from compliance
by the structured settlement obligor or annuity issuer with the court order or
order of the responsible administrative authority approving the transfer or
from the failure of any party to the transfer to comply with sections 549.30 to
549.41;
(3) neither the annuity issuer nor the
structured settlement obligor may be required to divide any periodic payment
between the payee and any transferee or assignee or between two or more
transferees or assignees; and
(4) any further transfer of structured
settlement payment rights by the payee may be made only after compliance with
all of the requirements of sections 549.30 to 549.41.
Sec. 26. [549.40]
PROCEDURE FOR APPROVAL OF TRANSFERS.
Subdivision 1. Application;
proof of registration. An
application under sections 549.30 to 549.41 for approval of a transfer of
structured settlement payment rights must be made by the transferee. The application must be brought in the
district court of the county in which the payee is domiciled, except that the
application may be brought in the court in the state that approved the
structured settlement agreement if the structured settlement agreement requires
the application be brought in that court.
For applications made under this section on or after January 1, 2023,
the application of the transferee must include evidence that the transferee is
registered to do business in this state as a structured settlement purchase
company pursuant to section 549.35.
Subd. 2. Hearing. A timely hearing must be held on an application for approval of a transfer of structured settlement payment rights. The payee must appear in person at the hearing, unless the court determines that good cause exists to excuse the payee from appearing in person.
Subd. 3. Notice. Not less than 20 days before the
scheduled hearing on any application for approval of a transfer of structured
settlement payment rights pursuant to sections 549.30 to 549.41, the transferee
shall file with the court and serve on all interested parties a notice of the
proposed transfer and application for authorization, including with such
notice:
(1) a copy of the transferee's
application;
(2) a copy of the transfer agreement;
(3) a copy of the disclosure statement
required by section 549.37;
(4) the payee's name, age, county of
domicile, and the number and ages of each of the payee's dependents;
(5) a summary of:
(i) any prior transfers by the payee to
the transferee or an affiliate, or through the transferee or an affiliate to an
assignee, and any proposed transfers by the payee to the transferee or an
affiliate, or through the transferee or an affiliate, applications for approval
of which were denied; and
(ii) any prior transfers by the payee
to any person or entity other than the transferee or an affiliate or an
assignee of the transferee or an affiliate and any prior proposed transfers by
the payee to any person or entity other than the transferee or an affiliate or
an assignee of a transferee or affiliate, applications for approval of which
were denied, following a reasonable search including the measures taken to
identify all prior transfers to the extent that the transfers or proposed
transfers have been disclosed to the transferee by the payee in a sworn
affidavit or otherwise are actually known to the transferee;
(6) notification that any
interested party is entitled to support, oppose, or otherwise respond to the
transferee's application, either in person or by counsel, by submitting written
comments to the court or by participating in the hearing; and
(7) notification of the time and place
of the hearing and notification of the manner in which and the date by which
written responses to the application must be filed to be considered by the
court, which must not be less than five days before the hearing.
Subd. 4. Dismissal. If the payee cancels a transfer
agreement or if the transfer agreement otherwise terminates, after an
application for approval of a transfer of structured settlement payment rights
has been filed and before it has been granted or denied, the transferee must
promptly request the dismissal of the application.
Sec. 27. [549.405]
APPOINTMENT OF ATTORNEY ADVISER.
Subdivision 1. Discretionary
appointment. The court is
authorized and may, in its discretion, appoint an attorney to make an
independent assessment and advise the court whether the proposed transfer is in
the best interest of the payee, taking into consideration the payee's
dependents, if any. The attorney may
consult with a certified public accountant, actuary, or other licensed
professional adviser, if necessary. All
costs and reasonable fees for the appointed attorney shall be borne by the
transferee, not to exceed $2,000. The
fee shall be deposited with and disbursed by the court to the attorney adviser.
Subd. 2. Mandatory
appointment. The court shall
appoint an attorney in any case involving:
(1) a proposed transfer of a minor's
structured settlement payment rights by a parent or guardian where the attorney
must advise the court on whether the proposed transfer is of direct benefit to
the minor; or
(2) a proposed transfer of structured
settlement payment rights involving a payee if it appears to the court that the
payee may suffer from a mental or cognitive impairment.
Subd. 3. Required
motion; mental or cognitive impairment of payee. (a) The transferee shall file a motion
for the appointment of an attorney prior to a hearing on the proposed transfer
if the transferee:
(1) is aware that the underlying
structured settlement arose from a case in which a finding was made in a court
record of a mental or cognitive impairment on the part of the payee; or
(2) is aware of any other case in which
a finding was made in a court record of a mental or cognitive impairment on the
part of the payee.
(b) In conjunction with the motion, the
transferee shall provide to the court, either in camera or as directed by the
court in a way to protect the privacy of the payee, any such findings known to
the transferee that describe the nature, extent, or consequences of the payee's
mental or cognitive impairment.
Subd. 4. Attorney
adviser report. The attorney
appointed by the court must report to the court the attorney's assessment and
advice at the hearing required under section 549.40, subdivision 2, or at
another time as directed by the court.
Subd. 5. Applicability
of other law. Nothing in
sections 549.30 to 549.41 affects the applicability of sections 524.5-101 to
524.5-903 or the rights and protections of persons subject to guardianship or
conservatorship under those sections.
Sec. 28. [549.41]
GENERAL PROVISIONS; CONSTRUCTION.
Subdivision 1. Waiver
prohibited. The provisions of
sections 549.30 to 549.41 may not be waived by a payee.
Subd. 2. Choice
of law; venue. Any transfer
agreement entered into by a payee who is domiciled in this state must provide
that dispute under the transfer agreement, including any claims that the payee
has breached the agreement, and must be determined in and under the laws of
this state. No such transfer agreement
shall authorize the transferee or any other party to confess judgment or
consent to entry of judgment against the payee.
Subd. 3. Life-contingent
payments. No transfer of
structured settlement payment rights shall extend to any payments that are life
contingent unless, prior to the date on which the payee signs the transfer
agreement, the transferee has established and has agreed to maintain procedures
reasonably satisfactory to the annuity issuer and the structured settlement
obligor (1) periodically confirms the payee's survival, and (2) gives the
annuity issuer and the structured settlement obligor prompt written notice in
the event of the payee's death.
Subd. 4. Liability. (a) No payee who proposes to make a
transfer of structured settlement payment rights shall incur any penalty,
forfeit any application fee or other payment, or otherwise incur any liability
to the proposed transferee or any assignee based on any failure of such
transfer to satisfy the conditions of sections 549.30 to 549.41.
(b) Compliance with the requirements
set forth in sections 549.30 to 549.41 are solely the responsibility of the
transferee in any transfer of structured settlement payment rights and neither
the structured settlement obligor nor the annuity issuer, if any, has any
responsibility for, or any liability arising from, noncompliance with such
requirements or failure to fulfill such conditions.
Subd. 5. Construction. (a) Nothing contained in sections
549.30 to 549.41 shall be construed to authorize the transfer of workers'
compensation payment rights in contravention of applicable law or to give
effect to the transfer of workers' compensation payment rights that is invalid
under applicable law.
(b) Nothing contained in sections
549.30 to 549.41 shall:
(1) be construed to authorize any
transfer of structured settlement payment rights in contravention of any
applicable law or to imply that any transfer under a transfer agreement entered
into before August 1, 2022, is valid or invalid; or
(2) affect the validity of any transfer of structured settlement payment rights, whether under a transfer agreement entered into or filed before August 1, 2022, in which the structured settlement obligor and annuity issuer waived or has not asserted their rights under terms of the structured settlement prohibiting or restricting the sale, assignment, or encumbrance of the structured settlement payment rights.
Subd. 6. Application. Sections 549.30 to 549.41 apply to any
transfer of structured settlement payment rights filed on or after August 1,
2022.
Sec. 29. APPROPRIATION.
$19,000 in fiscal year 2023 is
appropriated from the general fund to the secretary of state for the purposes
outlined in section 549.35. The base in
fiscal years 2024 and 2025 is $3,000.
Sec. 30. REPEALER.
Minnesota Statutes 2020, sections
549.30, subdivision 3; 549.31; 549.32; 549.33; and 549.34, are repealed.
Sec. 31. EFFECTIVE
DATE.
Sections 1 to 20 and 22 to 30 are effective August 1, 2022, and apply to transfers of structured settlement payment rights filed on or after that date."
Amend the title accordingly
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Moran from the Committee on Ways and Means to which was referred:
H. F. No. 3845, A bill for an act relating to children and families; establishing the Office of the Foster Youth Ombudsperson and Board of the Foster Youth Ombudsperson; appropriating money for the Office of the Foster Youth Ombudsperson and Board of the Foster Youth Ombudsperson; proposing coding for new law in Minnesota Statutes, chapters 13; 260C.
Reported the same back with the following amendments:
Page 1, line 15, after "proceedings" insert "that do not pertain to juveniles certified as adults, that are"
Page 1, line 16, delete "and"
Page 1, line 17, delete the period and insert "; and"
Page 1, after line 17, insert:
"(5) data on individuals who are juveniles that are contained within an inactive investigative file maintained by the ombudsperson."
Page 1, line 18, delete "The written summary of the investigation maintained by" and insert "Data contained within an active investigative file maintained by the ombudsperson are"
Page 1, line 19, delete everything before "classified"
Page 2, after line 21, insert:
"(4) one guardian ad litem who is currently appointed to protect the interests of minors in cases in the juvenile court system;"
Page 2, line 22, delete "(4)" and insert "(5)"
Page 2, line 23, delete "(5)" and insert "(6)"
Page 3, lines 5, 19, and 21, delete "administrative"
Page 3, line 8, after the period, insert "The Office of the Foster Youth Ombudsperson shall receive administrative support from the commissioner of administration under section 16B.371."
Page 3, after line 32, insert:
"(c) For purposes of this section, "agency" means the divisions, officials, or employees of the Department of Human Services, the responsible social services agency, or a licensed child-placing agency."
Page 4, lines 8, 14, and 26, delete "administrative"
Page 5, line 12, after "courts" insert "may"
Page 5, after line 16, insert:
"Sec. 5. [260C.83]
FOSTER YOUTH OMBUDSPERSON; RECOMMENDATIONS AND REPORTS TO GOVERNOR.
Subdivision 1. Specific
reports. The ombudsperson may
send conclusions and suggestions concerning any matter reviewed to the governor. Before finalizing a conclusion or
recommendation that expressly or implicitly criticizes an agency, facility,
program, or any person, the ombudsperson shall consult with the governor and
the agency, facility, program, or person concerning the conclusion or
recommendation. When sending a
conclusion or recommendation to the governor that is adverse to an agency,
facility, program, or any person, the ombudsperson shall include any statement
of reasonable length made by that agency, facility, program, or person in
defense or mitigation of the office's conclusion or recommendation.
Subd. 2. General reports. In addition to whatever conclusions or recommendations the ombudsperson may make to the governor on an ad hoc basis, the ombudsperson shall, at the end of each biennium, report to the governor concerning the exercise of the ombudsperson's functions during the preceding biennium."
Page 5, line 18, delete "$650,000" and insert "$775,000" and delete "governor's" and insert "Office of the Foster Youth Ombudsperson"
Page 5, line 19, delete "office"
Page 5, line 20, after the period, insert "The base for this appropriation is $726,000 in fiscal year 2024 and $726,000 in fiscal year 2025."
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 3, after the semicolon, insert "requiring a report;"
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
SECOND READING OF HOUSE BILLS
H. F. Nos. 778, 2767, 3768 and 3845 were read for the second time.
INTRODUCTION AND FIRST READING
OF HOUSE BILLS
The
following House Files were introduced:
Agbaje introduced:
H. F. No. 4849, A bill for an act relating to civil law; requiring landlords to provide just cause for terminating tenancy; proposing coding for new law in Minnesota Statutes, chapter 504B.
The bill was read for the first time and referred to the Committee on Judiciary Finance and Civil Law.
Hansen, R., introduced:
H. F. No. 4850, A bill for an act relating to natural resources; modifying the Legislative-Citizen Commission on Minnesota Resources membership and terms; modifying availability of fund disbursements; providing appointments; amending Minnesota Statutes 2020, sections 116P.05, subdivisions 1, 1a, 2; 116P.09, subdivision 6; 116P.11.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance and Policy.
Edelson introduced:
H. F. No. 4851, A bill for an act relating to public safety; appropriating money for fire department personal protective equipment grants.
The bill was read for the first time and referred to the Committee on Public Safety and Criminal Justice Reform Finance and Policy.
Swedzinski introduced:
H. F. No. 4852, A bill for an act relating to capital investment; appropriating money for improvements at Southwest Minnesota State University; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Capital Investment.
Winkler 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 Speaker pro tempore Vang.
REPORTS
FROM THE COMMITTEE ON RULES
AND
LEGISLATIVE ADMINISTRATION
Winkler from the Committee on Rules and
Legislative Administration, pursuant to rules 1.21 and 3.33, designated the
following bill to be placed on the Calendar for the Day for Tuesday, May 3,
2022 and established a prefiling requirement for amendments offered to the
following bill:
S. F. No. 4410.
Winkler from the Committee on Rules and
Legislative Administration, pursuant to rules 1.21 and 3.33, designated the
following bills to be placed on the Calendar for the Day for Wednesday, May 4,
2022 and established a prefiling requirement for amendments offered to the
following bills:
S. F. No. 4091; and
H. F. No. 3669.
Poston was excused between the hours of
11:05 a.m. and 2:50 p.m.
CALENDAR FOR
THE DAY
H. F. No. 3872 was reported
to the House.
Keeler moved to amend H. F. No. 3872, the second engrossment, as follows:
Page 2, after line 28, insert:
"(c) By September 30, 2023, each Tribal college receiving a transfer under this subdivision must submit a report to the commissioner of the Office of Higher Education and to the chairs and ranking minority members of the legislative committees with jurisdiction over higher education finance and policy. The report must include an accurate and detailed account of how the transferred funds were spent, and a copy of the college's most recent audit report."
The
motion prevailed and the amendment was adopted.
Kresha was excused between the hours of
12:35 p.m. and 4:40 p.m.
H. F. No. 3872, A bill for an act relating
to higher education; providing for funding and policy changes for the Office of
Higher Education, the University of Minnesota, and the Minnesota State Colleges
and Universities system; creating and modifying certain student aid programs;
creating and modifying certain grants to institutions; modifying certain
institutional licensure provisions; creating the Inclusive Higher Education
Technical Assistance Center; modifying Board of Regents provisions; requiring
reports; appropriating money; amending Minnesota Statutes 2020, sections
135A.15, subdivision 8, by adding a subdivision; 136A.121, subdivisions 5, 18;
136A.1701, subdivision 11; 136A.833; 137.023; 137.024; 137.0245, subdivisions
2, 3; 137.0246; Minnesota Statutes 2021 Supplement, sections 135A.137,
subdivision 3; 136A.126, subdivisions 1, 4; 136A.1791, subdivision 5; 136A.91,
subdivisions 1, 2; 136F.20, subdivision 4; 136F.202, subdivision 1; Laws 2021,
First Special Session chapter 2, article 1, section 2, subdivisions 35, 36;
article 2, section 45, by adding a subdivision; proposing coding for new law in
Minnesota Statutes, chapters 135A; 136A; 137; repealing Minnesota Rules, part
4880.2500.
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. There
were 69 yeas and 59 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bernardy
Bierman
Carlson
Christensen
Davnie
Ecklund
Edelson
Elkins
Feist
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Hassan
Hausman
Her
Hollins
Hornstein
Howard
Huot
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Mariani
Marquart
Masin
Moller
Moran
Morrison
Murphy
Nelson, M.
Noor
Olson, L.
Pelowski
Pinto
Pryor
Reyer
Richardson
Sandell
Sandstede
Schultz
Stephenson
Sundin
Thompson
Vang
Wazlawik
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
Those who voted in the negative were:
Akland
Albright
Anderson
Backer
Bahr
Baker
Bennett
Bliss
Boe
Burkel
Daniels
Daudt
Davids
Dettmer
Drazkowski
Erickson
Franke
Franson
Garofalo
Green
Grossell
Gruenhagen
Haley
Hamilton
Heinrich
Heintzeman
Hertaus
Igo
Johnson
Jurgens
Kiel
Koznick
Lucero
McDonald
Mekeland
Mortensen
Mueller
Munson
Nash
Nelson, N.
Neu Brindley
Novotny
O'Driscoll
Olson, B.
O'Neill
Petersburg
Pfarr
Pierson
Quam
Raleigh
Rasmusson
Robbins
Schomacker
Scott
Swedzinski
Theis
Torkelson
Urdahl
West
The
bill was passed, as amended, and its title agreed to.
Her
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.
There being no objection, the order of
business reverted to Messages from the Senate.
MESSAGES FROM
THE SENATE
The
following messages were received from the Senate:
Madam Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 2746, A bill for an act relating to public safety; clarifying eligibility for participation in the Hometown Heroes Act; transferring money; amending Laws 2021, First Special Session chapter 11, article 2, section 12.
Cal R. Ludeman, Secretary of the Senate
Madam Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
S. F. No. 2677.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to the House.
Cal R. Ludeman, Secretary of the Senate
SUSPENSION
OF RULES
Winkler moved that Joint Rule 2.06,
relating to Conference Committees, be suspended as it relates to
S. F. No. 2677. The
motion prevailed.
CONFERENCE COMMITTEE REPORT ON S. F. No. 2677
A bill for an act relating to unemployment insurance; repaying unemployment insurance trust fund loans; replenishing the unemployment insurance trust fund; freezing the base tax rate for employers; eliminating the additional assessment for calendar years 2022 and 2023; establishing a zero percent special assessment rate for calendar year 2022; eliminating a revenue replacement transfer; appropriating money; repealing Laws 2021, First Special Session chapter 12, article 5, section 3.
April 28, 2022
The Honorable David J. Osmek
President of the Senate
The Honorable Melissa Hortman
Speaker of the House of Representatives
We, the undersigned conferees for S. F. No. 2677 report that we have agreed upon the items in dispute and recommend as follows:
That the House recede from its amendments and that S. F. No. 2677 be further amended as follows:
Delete everything after the enacting clause and insert:
"ARTICLE 1
UNEMPLOYMENT INSURANCE TRUST FUND
Section 1.
APPROPRIATION; UNEMPLOYMENT
INSURANCE TRUST FUND LOAN REPAYMENT AND REPLENISHMENT.
Subdivision 1. Appropriation. $2,324,175,000 from the state fiscal
recovery federal fund and $405,825,000 from the general fund in fiscal year
2022 are appropriated to the commissioner of employment and economic
development for the purposes of this section.
Subd. 2. Repayment. Within ten days following enactment of
this section, the commissioner must determine the sum of any outstanding loans
and any interest accrued on the loans from the federal unemployment insurance
trust fund, and issue payments to the federal unemployment trust fund equal to
that sum.
Subd. 3. Replenishment. Following the full repayment of
outstanding loans from the federal unemployment insurance trust fund, the
commissioner must deposit into the unemployment insurance trust fund all the
remaining money appropriated in this section.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 2. UNEMPLOYMENT
BASE TAX RATE AND ASSESSMENT FOR CALENDAR YEARS 2022 AND 2023.
Subdivision 1. Tax
rate. Notwithstanding
Minnesota Statutes, section 268.051, subdivision 2, in calendar years 2022 and
2023, the base tax rate under Minnesota Statutes, section 268.051, subdivision
2, paragraph (b), is one‑tenth of one percent.
Subd. 2. Additional
assessment. Notwithstanding
Minnesota Statutes, section 268.051, subdivision 2, in calendar years 2022 and
2023, the additional assessment under Minnesota Statutes, section 268.051,
subdivision 2, paragraph (c), is zero percent.
Subd. 3. Special
assessment. Notwithstanding
Minnesota Statutes, sections 268.051, subdivision 8, and 268.194, subdivision
6, paragraph (c), in calendar year 2022, the special assessment under Minnesota
Statutes, section 268.051, subdivision 8, is zero percent.
Subd. 4. Employer
credits, refunds. Notwithstanding
any law to the contrary, the commissioner of employment and economic
development must credit or refund each taxpaying employer for:
(1) any base tax rate amount assessed
and paid for calendar year 2022 under Minnesota Statutes, section 268.051,
subdivision 2, paragraph (b), that is greater than one-tenth of one percent;
(2) any additional assessment amount
assessed and paid for calendar year 2022 under Minnesota Statutes, section
268.051, subdivision 2, paragraph (c); and
(3) any special assessment amount
assessed and paid for calendar year 2022 under Minnesota Statutes, section
268.051, subdivision 8.
Subd. 5. Waiving
of penalties and interest. Notwithstanding
any law to the contrary, the commissioner must waive any interest or penalties
accrued on first quarter 2022 taxes due on April 30, 2022, but not paid on or
before May 31, 2022.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 3. REPEALER.
Laws 2021, First Special Session chapter
12, article 5, section 3, is repealed.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
ARTICLE 2
FRONTLINE WORKER PAYMENTS
Section 1. FRONTLINE
WORKER PAYMENTS; PUBLIC PURPOSE.
This article is intended to provide payments
to frontline workers whose work put them at risk of contracting COVID-19 during
the peacetime emergency declared by the governor in Executive Order 20-01. The legislature finds that payments under
this section specifically, and under the premium pay provisions of the American
Rescue Plan Act of 2021 generally, have a public purpose and benefit the people
of Minnesota by:
(1) responding to the extraordinary
circumstances of the COVID-19 pandemic which resulted in the peacetime
emergency; and
(2) compensating workers for working in
conditions that, in many cases, exceeded what was originally contemplated in
their employment agreement to ensure our state was able to continue functioning
during the pandemic.
Sec. 2. FRONTLINE
WORKER PAYMENTS.
Subdivision 1. Program
established; payments authorized. To
the extent feasible, the commissioner of revenue, in coordination with the
commissioners of labor and industry and employment and economic development,
must make payments to eligible frontline workers as provided in this section.
Subd. 2. Frontline
sector defined. "Frontline
sector" means the following sectors:
(1) long-term care and home care;
(2) health care;
(3) emergency responders;
(4) public health, social service, and
regulatory service;
(5) courts and corrections;
(6) child care;
(7) schools, including charter schools,
state schools, and higher education;
(8) food service, including production,
processing, preparation, sale, and delivery;
(9) retail, including sales, fulfillment,
distribution, and delivery;
(10) temporary shelters and hotels;
(11) building services, including
maintenance, janitorial, and security;
(12) public transit;
(13) ground and air transportation
services;
(14) manufacturing; and
(15) vocational rehabilitation.
Subd. 3. Eligible
frontline workers. (a) An
individual is eligible to receive a payment under this section if the
individual:
(1) was employed for at least 120 hours
in Minnesota in one or more frontline sectors during the time period beginning
March 15, 2020, and ending June 30, 2021;
(2) for the hours worked under clause
(1), was not able to telework due to the nature of the individual's work and
worked in close proximity to individuals outside of the individual's household;
(3) meets the income requirement in
paragraph (b); and
(4) did not receive an unemployment
insurance benefit payment or serve a nonpayable week under Minnesota Statutes,
section 268.085, subdivision 1, clause (6), for more than 20 weeks on a
cumulative basis for weeks between March 15, 2020, and June 26, 2021. An unemployment insurance benefit payment
shall include payments made by the state of Minnesota under Minnesota Statutes,
sections 268.001 to 268.23, pandemic emergency unemployment compensation, extended
benefits, pandemic unemployment assistance, federal pandemic unemployment
compensation, lost wages assistance, mixed earnings unemployment compensation,
and trade readjustment allowance.
Unemployment insurance benefit payments shall include the amounts
withheld from an unemployment insurance benefit payment for income tax,
deducted for a child support obligation or an offset from unemployment benefits
under Minnesota Statutes, section 268.18, subdivision 3a. Unemployment insurance benefit payments shall
include amounts found to be overpaid under Minnesota Statutes, section
268.18. The calculations under this
clause shall be made based exclusively on data held by DEED as of the effective
date of this act.
(b) To qualify for a payment, an
individual's adjusted gross income, as defined in Minnesota Statutes, section
290.01, subdivision 21a, as amended to April 1, 2022, must be less than the
following amounts for at least one of the taxable years beginning after
December 31, 2019, and before January 1, 2022:
(1) for an individual who was employed
in an occupation with direct COVID-19 patient care responsibilities, $350,000
for a married taxpayer filing a joint return and $175,000 for all other filers;
or
(2) for all other individuals, $185,000
for a married taxpayer filing a joint return and $85,000 for all other filers.
Subd. 4. Application;
verification of eligibility. (a)
To qualify for a payment under this section, an individual must apply to the
commissioner of labor and industry in the form and manner specified by the
commissioner. As part of the
application, an individual must certify to the commissioner of labor and
industry that the individual meets the eligibility requirements in subdivision
3.
(b)
As soon as practicable after final enactment of this act, the commissioner of
labor and industry must establish a process for accepting applications for
payments under this section and begin accepting applications. The commissioner must not accept an application
submitted more than 45 days after opening the application period.
(c) The commissioner of labor and
industry must assist applicants in submitting an application under this
section, including but not limited to:
(1) establishing a multilingual
temporary help line for applicants; and
(2) offering multilingual applications
and multilingual instructions.
(d) To the extent possible, the
commissioners of revenue, employment and economic development, and labor and
industry must verify applicant eligibility for a payment under this section.
(e) An applicant for a payment under
this section may appeal a denial of eligibility under this subdivision to the
commissioner of labor and industry within 15 days of notice of denial. The commissioner of labor and industry's
decision on an appeal is final.
(f) The commissioner of labor and
industry may contract with a third party to implement part or all of the
application process and assistance required under this subdivision.
Subd. 5. Eligibility;
payments. (a) After the
deadline for applications under subdivision 4 has elapsed, the commissioner of
revenue must determine the payment amount based on available appropriations and
the number of applications received from eligible frontline workers. The payment amount must be the same for each
eligible frontline worker and must not exceed $1,500.
(b) As soon as practicable, the
commissioner of revenue must make payments of the amount determined under
paragraph (a) to all eligible frontline workers who applied in accordance with
subdivision 4.
(c) The commissioner of revenue may
contract with a third party to implement part or all of the payment process
required under this subdivision.
(d) If the commissioner of revenue
determines that a payment was made under this section to an ineligible
individual, the commissioner may issue an order of assessment to the individual
receiving the payment for the amount of the payment. The order must be made within two years after
the date of the payment or six years after the date of the payment in the case
of fraud. The audit, assessment, appeal,
collection, enforcement, and administrative provisions of Minnesota Statutes,
chapters 270C and 289A, apply to the orders issued under this section.
Subd. 6. Data
practices. (a) Data collected
or created by the commissioners of revenue, labor and industry, and employment
and economic development because an individual has sought information about,
applied for, been denied, or received a payment under this section are
classified as nonpublic data or private data on individuals, as defined in
Minnesota Statutes, section 13.02, subdivisions 9 and 12.
(b) Data classified as nonpublic data or
private data on individuals, including return information, as defined in
Minnesota Statutes, section 270B.01, subdivision 3, may be shared or disclosed
between the commissioners of revenue, employment and economic development, and
labor and industry, and any third-party vendor contracted with under
subdivision 4, to the extent necessary to verify eligibility and administer
payments under this section.
Subd. 7. Notice
requirement. (a) No later
than 15 days after the application period is opened under subdivision 4,
employers in a frontline sector must provide notice, in a form approved by the
commissioner of labor and industry, advising all current workers who may be
eligible for payments under this section of the assistance potentially
available to them and how to apply for benefits. An employer must provide notice using the same
means the employer uses to provide other work-related notices to employees.
(b) Notice provided under
paragraph (a) must be at least as conspicuous as:
(1) posting a copy of the notice at each
work site where workers work and where the notice may be readily observed and
reviewed by all workers working at the site; or
(2) providing a paper or electronic copy
of the notice to all workers.
Subd. 8. Payments
not to be considered income. (a)
For the purposes of this subdivision, "subtraction" has the meaning
given in Minnesota Statutes, section 290.0132, subdivision 1, and the rules in
that subdivision apply for this subdivision.
The definitions in Minnesota Statutes, section 290.01, apply to this
subdivision.
(b) The amount of frontline worker
payments received under this section is a subtraction.
(c) Frontline worker payments under this
section are excluded from income, as defined in Minnesota Statutes, sections
290.0674, subdivision 2a, and 290A.03, subdivision 3.
(d) Notwithstanding any law to the
contrary, payments under this section must not be considered income, assets, or
personal property for purposes of determining eligibility or recertifying
eligibility for:
(1) child care assistance programs under
Minnesota Statutes, chapter 119B;
(2) general assistance, Minnesota supplemental
aid, and food support under Minnesota Statutes, chapter 256D;
(3) housing support under Minnesota Statutes, chapter 256I;
(4) Minnesota family investment program
and diversionary work program under Minnesota Statutes, chapter 256J; and
(5) economic assistance programs under
Minnesota Statutes, chapter 256P.
(e) The commissioner of human services
must not consider frontline worker payments under this section as income or
assets under Minnesota Statutes, section 256B.056, subdivision 1a, paragraph
(a); 3; or 3c, or for persons with eligibility determined under Minnesota
Statutes, section 256B.057, subdivision 3, 3a, or 3b.
Subd. 9. Report. No later than 90 days following the
end of the payments to eligible frontline workers under subdivision 5, the
commissioners of revenue and labor and industry shall report to the legislative
committees with jurisdiction over economic development policy and finance about
the program established under this section.
The report must include:
(1) the number of eligible frontline
workers who applied, including the number in each sector and county, and the
payment each worker received;
(2) if the initial payment to frontline
workers under subdivision 5 was less than $1,500, the additional appropriation
needed to provide an additional payment equal to the difference between $1,500
and the payment amount under subdivision 5; and
(3) the number of applications that were
denied and the reason for denial.
Subd. 10. Procurement. The commissioners of labor and industry
and revenue are exempt from the requirements of Minnesota Statutes, sections
16A.15, subdivision 3; 16B.97; and 16B.98, subdivisions 5, 7, and 8; and
chapter 16C, and any other state procurement laws and procedures in
administering the program under this section.
Subd. 11. Appropriations. (a) $500,000,000 in fiscal year 2022
is appropriated from the general fund to the commissioner of revenue for
payments under this section. This is a
onetime appropriation.
(b) $11,650,000 in fiscal year 2022 is appropriated
from the general fund to the commissioner of labor and industry for
administrative costs to implement the payments under this section.
(c) The commissioner of labor and
industry may transfer money from this appropriation to the commissioner of
revenue or the commissioner of employment and economic development for
administrative costs to implement the program and payments under this section.
(d) The appropriations in this
subdivision are available until June 30, 2023.
Subd. 12. Audit. The Office of the Legislative Auditor
is encouraged to begin work on an audit of the use of all funds appropriated
under subdivision 11 no later than February 1, 2023.
EFFECTIVE
DATE. (a) Unless otherwise
specified, this section is effective the day following final enactment.
(b) Subdivision 8, paragraphs (a), (b),
and (c), are effective for taxable years beginning after December 31, 2021, and
before January 1, 2024, for property tax refunds based on rent paid in 2021 or
2022, and for property tax refunds based on property taxes payable in 2022 or
2023. Subdivision 8, paragraphs (d) and
(e), are effective the day following final enactment, except for a program for
which federal approval is required, changes affecting the program are effective
upon federal approval.
Sec. 3. APPROPRIATIONS
GIVEN EFFECT ONCE.
If an appropriation in this act is
enacted more than once during the 2022 regular session, the appropriation is to
be given effect only once.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
ARTICLE 3
COVID-19 MANAGEMENT
Section 1. APPROPRIATION;
COVID-19 MANAGEMENT.
(a) $190,000,000 in fiscal year 2022 is
appropriated from the general fund to the commissioner of management and budget
to pay for COVID-19 management costs incurred between May 23, 2022, and
February 15, 2023, for testing, vaccinations, COVID-19 outbreak management,
local and Tribal health, public education, and health system supports. The commissioner may transfer funds
appropriated in this section to state agencies as necessary. This is a onetime appropriation and is
available until March 31, 2023.
(b) The Legislative COVID-19 Response
Commission, established under Laws 2020, chapter 71, article 1, section 7, must
review a proposed allocation of the appropriation in this section as provided
in paragraphs (c), (d), and (e), before the commissioner may expend the
appropriation.
(c) The commissioner of management and budget must submit proposed single expenditures of the appropriation in this section that exceed $2,500,000 to the Legislative COVID-19 Response Commission for its review and recommendations. The submission must include the total amount of the proposed expenditure, the purpose of the proposed expenditure, the time period of the proposed expenditure, and any additional information the commissioner of management and budget determines necessary to properly document the proposed expenditure. Upon receiving a submission, the commission has three days after the request is submitted to review the proposed expenditures.
(d) Commission members may make a
positive recommendation, a negative recommendation, or no recommendation on a
proposed expenditure. If a majority of
the commission members from the senate or a majority
of the commission members from the house of representatives make a negative recommendation on a proposed expenditure, the commissioner is prohibited from expending the money. If a majority of the commission members from the senate or a majority of the commission members from the house of representatives do not make a negative recommendation, or if the commission makes no recommendation, the commissioner may expend the money.
(e) The commission may hold a public
meeting to approve or disapprove a proposed expenditure from the appropriation
in this section. Notwithstanding
Minnesota Statutes, section 3.055, the commission may conduct a public meeting
remotely. The commission may approve or disapprove
proposed expenditures without a public meeting.
The commission members may approve or disapprove proposed expenditures
via written communication sent to the commissioner of management and
budget. Notwithstanding Laws 2020,
chapter 71, article 1, section 7, if a commission member is unable to review a
particular expenditure, a designee from the commission member's legislative
body may serve as a designee on behalf of the absent member.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 2. LEGISLATIVE
COVID-19 RESPONSE COMMISSION.
Laws 2020, chapter 71, article 1, section 7, as amended by Laws 2020, chapter 81, sections 1 and 2, is revived and reenacted as of December 30, 2020.
EFFECTIVE DATE. This section is effective retroactively from December 30, 2020, and applies to duties required under this article."
Delete the title and insert:
"A bill for an act relating to state government; repaying federal unemployment insurance trust fund loans; replenishing the unemployment insurance trust fund; freezing the base tax rate for employers; eliminating the additional assessment for calendar years 2022 and 2023; establishing a zero percent special assessment rate for calendar year 2022; authorizing frontline worker payments; managing use of COVID-19 funds; appropriating money; repealing Laws 2021, First Special Session chapter 12, article 5, section 3."
We request the adoption of this report and repassage of the bill.
|
Senate
Conferees: Eric Pratt, Jason
Rarick, Mary Kiffmeyer, Susan Kent and Aric Putnam. |
House Conferees: Gene Pelowski, Jr.; Mohamud Noor and Dave Baker. |
Pelowski moved that the report of the
Conference Committee on S. F. No. 2677 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
Hertaus was excused for the remainder of
today's session.
Lucero was excused between the hours of
3:50 p.m. and 4:05 p.m.
S. F. No. 2677, A bill for an act relating to unemployment insurance; repaying unemployment insurance trust fund loans; replenishing the unemployment insurance trust fund; freezing the base tax rate for employers; eliminating the additional assessment for calendar years 2022 and 2023; establishing a zero percent special assessment rate for calendar year 2022; eliminating a revenue replacement transfer; appropriating money; repealing Laws 2021, First Special Session chapter 12, article 5, section 3.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 124 yeas and 5 nays as follows:
Those
who voted in the affirmative were:
Acomb
Agbaje
Akland
Albright
Anderson
Backer
Bahner
Bahr
Baker
Becker-Finn
Bennett
Berg
Bernardy
Bierman
Bliss
Boe
Burkel
Carlson
Christensen
Daniels
Daudt
Davids
Davnie
Demuth
Dettmer
Drazkowski
Ecklund
Edelson
Elkins
Erickson
Feist
Fischer
Franke
Franson
Frazier
Frederick
Freiberg
Garofalo
Green
Greenman
Grossell
Gruenhagen
Haley
Hamilton
Hansen, R.
Hanson, J.
Hausman
Heinrich
Heintzeman
Her
Hollins
Hornstein
Howard
Huot
Igo
Johnson
Jordan
Jurgens
Keeler
Kiel
Klevorn
Koegel
Kotyza-Witthuhn
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Lueck
Mariani
Marquart
Masin
McDonald
Mekeland
Moller
Moran
Morrison
Mueller
Munson
Murphy
Nash
Nelson, M.
Nelson, N.
Neu Brindley
Noor
Novotny
O'Driscoll
Olson, B.
Olson, L.
O'Neill
Pelowski
Petersburg
Pfarr
Pierson
Pinto
Poston
Pryor
Quam
Raleigh
Rasmusson
Reyer
Richardson
Robbins
Sandell
Sandstede
Schomacker
Schultz
Scott
Stephenson
Sundin
Swedzinski
Theis
Thompson
Torkelson
Urdahl
Vang
Wazlawik
West
Winkler
Wolgamott
Xiong, T.
Youakim
Spk. Hortman
Those
who voted in the negative were:
Gomez
Hassan
Koznick
Mortensen
Xiong, J.
The
bill was repassed, as amended by Conference, and its title agreed to.
There being no objection, the order of
business reverted to Calendar for the Day.
CALENDAR FOR THE
DAY
S. F. No. 2673 was reported
to the House.
Mariani moved to amend
S. F. No. 2673, the third engrossment, as follows:
Delete everything after the enacting
clause and insert the following language of H. F. No. 4608, the
second engrossment:
"ARTICLE 1
APPROPRIATIONS
Section
1. APPROPRIATIONS. |
The sums shown in the columns marked
"Appropriations" are added to or, if shown in parentheses, subtracted
from the appropriations in Laws 2021, First Special Session chapter 11, article
1, 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
"2022" and "2023" used in this article mean that the
addition to or subtraction from the appropriation listed under them is
available for the fiscal year ending June 30, 2022, or June 30, 2023,
respectively. "The first year"
is fiscal year 2022. "The second
year" is fiscal year 2023. Supplemental
appropriations and reductions to appropriations for the fiscal year ending June
30, 2022, are effective the day following final enactment.
|
|
|
APPROPRIATIONS |
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Available for the Year |
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Ending June 30 |
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2022 |
2023 |
Sec. 2. PUBLIC
SAFETY |
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Subdivision 1. Total Appropriation |
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$15,000,000 |
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$148,543,000 |
Appropriations
by Fund |
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2022 |
2023
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Trunk Highway |
-0-
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252,000
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Special Revenue |
-0-
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4,050,000
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General |
15,000,000
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144,241,000
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The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Emergency
Management |
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-0-
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4,225,000
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(a) Local Government Emergency Management
$1,500,000 in fiscal year 2023 is for
grants in equal amounts to the emergency management organizations of the 87
counties, 11 federally recognized Tribes, and four cities of the first class
for planning and preparedness activities, including capital purchases. Local emergency management organizations must
make a request to the Homeland Security and Emergency Management Division for
these grants. Current local funding for
emergency management and preparedness activities may not be supplanted by these
additional state funds. The commissioner
may use up to one percent of the appropriation received under this paragraph to
pay costs incurred by the department in administering the local government
emergency management grant program.
By March 15, 2023, the commissioner of
public safety must submit a report on the grant awards to the chairs and
ranking minority members of the legislative committees with jurisdiction over
emergency management and preparedness activities. At a minimum, the report must identify grant
recipients and summarize grantee activities.
(b)
First Responder Wellness Office
$2,000,000 in fiscal year 2023 is to establish
an office that will provide leadership and resources for improving the mental
health of first responders statewide. The
base is $1,000,000 in fiscal year 2024 and thereafter.
(c) Mutual Aid Response Training |
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$500,000 in fiscal year 2023 is for mutual
aid response training. This
appropriation is onetime.
(d) Supplemental Nonprofit Security Grants
$225,000 in fiscal year 2023 is for
supplemental nonprofit security grants under this paragraph.
Nonprofit organizations whose applications
for funding through the Federal Emergency Management Agency's nonprofit
security grant program that have been approved by the Division of Homeland
Security and Emergency Management are eligible for grants under this paragraph. No additional application shall be required
for grants under this paragraph, and an application for a grant from the
federal program is also an application for funding from the state supplemental
program.
Eligible organizations may receive grants
of up to $75,000, except that the total received by any individual from both
the federal nonprofit security grant program and the state supplemental
nonprofit security grant program shall not exceed $75,000. Grants shall be awarded in an order
consistent with the ranking given to applicants for the federal nonprofit
security grant program. No grants under
the state supplemental nonprofit security grant program shall be awarded until
the announcement of the recipients and the amount of the grants awarded under
the federal nonprofit security grant program.
The commissioner may use up to one percent
of the appropriation received under this paragraph to pay costs incurred by the
department in administering the supplemental nonprofit security grant program. This is a onetime appropriation.
Subd. 3. Criminal Apprehension |
-0-
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5,664,000
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(a) Violent Crime Reduction Support
$1,779,000 in fiscal year 2023 is to
support violent crime reduction strategies.
This includes funding for staff and supplies to enhance forensic and analytical
capacity.
(b) BCA Accreditation
$186,000 in fiscal year 2023 is to support
the Bureau of Criminal Apprehension to achieve and maintain law enforcement
accreditation from an accreditation body.
This includes funding for staff, accreditation costs, and supplies. The base is $170,000 in fiscal year 2024 and
thereafter.
(c) Cybersecurity Upgrades
$2,391,000 in fiscal year 2023 is for
identity and access management, critical infrastructure upgrades, and Federal
Bureau of Investigation audit compliance.
This appropriation is available through June 30, 2024. The base is $900,000 in fiscal year 2024 and
thereafter.
(d) Marijuana Penalties Modified |
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$208,000 in fiscal year 2023 is for
computer programming, forensic testing, and supplies related to changes in
criminal penalties for marijuana. The
base is $191,000 in fiscal year 2024 and thereafter.
(e) Expungements |
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$1,100,000 in fiscal year 2023 is for
costs related to expungements of criminal records. The base is $520,000 in fiscal year 2024 and
$0 for fiscal year 2025.
Subd. 4. Office of Justice Programs; Total Appropriation |
15,000,000
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119,936,000
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Appropriations
by Fund |
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Special Revenue |
-0-
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2,600,000
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General |
15,000,000
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117,336,000
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(a) Minnesota Heals
$1,000,000 in fiscal year 2023 is for a
statewide community healing program; for statewide critical incident stress
management services for first responders; and grants for trauma services and
burial costs following officer-involved deaths.
This appropriation may be used for new staff to support these programs. From this amount, the director may award a
grant to a nonprofit that provides equine experiential mental health therapy to
first responders suffering from job-related trauma and post-traumatic stress
disorder. For purposes of this
paragraph, "first responder" means a peace officer as defined in
Minnesota Statutes, section 626.84, subdivision 1, paragraph (c); a full-time
firefighter as defined in Minnesota Statutes, section 299N.03, subdivision 5;
or a volunteer firefighter as defined in Minnesota Statutes, section 299N.03,
subdivision
7. If the commissioner issues a grant
for equine experiential mental health therapy, the grant recipient must report
to the commissioner of public safety and the chairs and ranking minority
members of the legislative committees with jurisdiction over public safety
policy and finance on the therapy provided to first responders. The report must include an overview of the
program's budget, a detailed explanation of program expenditures, the number of
first responders served by the program, and a list and explanation of the
services provided to, and benefits received by, program participants. An initial report is due by January 15, 2023,
and a final report is due by January 15, 2024.
(b) General Crime and Trauma Recovery Grants Funding
$1,000,000 in fiscal year 2023 is for
programs supporting victims of general crime.
These funds may also be used to establish trauma recovery centers in the
state to support victims of violent crime who experience trauma and are in need
of services and provide new staff to support these programs.
(c) Youth Development Grants
$500,000 in fiscal year 2023 is to provide
grants to programs serving youth and for youth violence intervention and
prevention programs. Priority for these
funds must be given to programs that employ or utilize trauma-informed
therapists to support the youth the programs serve. These funds may be used to administer these
grants.
(d) Crossover and Dual-Status Youth Model Grants
$1,000,000 in fiscal year 2023 from the
prevention services account in the special revenue fund is to provide grants to
local units of government and federally recognized Indian Tribes to initiate or
expand crossover youth practice model and dual-status youth programs that
provide services for youth who are in both the child welfare and juvenile
justice systems, in accordance with the Robert F. Kennedy National Resource Center for Juvenile
Justice model.
(e) Staffing and Board Expenses
$3,639,000 in fiscal year 2023 is to
increase staffing in the Office of Justice Programs for grant management and
compliance; build capacity and provide technical assistance to applicants;
provide training to individuals and entities seeking to become applicants;
perform community outreach and engagement to improve the experiences and
outcomes of applicants, grant recipients, and crime victims throughout
Minnesota; establish and support a final review panel; and maintain a Minnesota
Statistical Analysis Center
to create ongoing grant
evaluation programs and other research and data analysis. These funds may also be used for the per diem
and other costs necessary to establish and support the Public Safety Innovation
Board.
(f) Community-Based Public Safety Grants
$1,968,000 in fiscal year 2023 is for
community-based public safety grants. The
base is $75,000 in fiscal year 2024 and thereafter.
(g) Prosecutor Training
$25,000 in fiscal year 2023 is for
prosecutor training.
(h) Alternatives to Juvenile Detention - Youth Conflict Resolution
Centers Grants
$1,400,000 in fiscal year 2023 is to
establish and maintain youth conflict resolution centers as alternatives to
juvenile detention.
(i) Direct Assistance to Crime Victim Survivors
$4,000,000 in fiscal year 2023 is for an
increase in base funding for crime victim services for the Office of Justice
Programs to provide grants for direct services and advocacy for victims of
sexual assault, general crime, domestic violence, and child abuse. Funding must support the direct needs of
organizations serving victims of crime by providing: direct client assistance to crime victims;
competitive wages for direct service staff; hotel stays and other
housing-related supports and services; culturally responsive programming;
prevention programming, including domestic abuse transformation and restorative
justice programming; and other needs of organizations and crime victim
survivors. Services funded must include services
for victims of crime in underserved communities most impacted by violence and
reflect the ethnic, racial, economic, cultural, and geographic diversity of the
state. The Office of Justice Programs
shall prioritize culturally specific programs, or organizations led and staffed
by persons of color that primarily serve communities of color, in funding
allocation. The base is $2,000,000 in
fiscal year 2024 and thereafter.
(j) Combatting Sex Trafficking
$1,500,000 in fiscal year 2023 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 for sex trafficking crimes, including case
consultation, to law enforcement agencies statewide.
(k) Epinephrine Auto-Injector Reimbursement Grants
$1,000,000 in fiscal year 2023 is for
grants to local law enforcement agencies to reimburse the costs of obtaining
epinephrine auto-injectors and replacing epinephrine auto-injectors that have
expired.
(l) Office of Missing and Murdered Black Women and Girls
$500,000 in fiscal year 2023 is to
establish and operate the Office of Missing and Murdered Black Women and Girls.
(m) Reward Fund for Missing and Murdered Indigenous Relatives
$110,000 in fiscal year 2023 is to pay
rewards for information related to investigations of missing and murdered
Indigenous relatives under Minnesota Statutes, section 299A.86.
(n) Youth Intervention Program
$1,000,000 in fiscal year 2023 is for the
youth intervention grants program under Minnesota statutes, section 299A.73. Money appropriated under this section is
available to programs that are currently supported by youth intervention
program grants. This is a onetime
appropriation.
(o) Task Force on the Statewide Response to Substance Abuse
$144,000 in fiscal year 2023 is to
implement the Task Force on the Statewide Response to Substance Abuse. The base is $154,000 in fiscal year 2024 and
$66,000 in fiscal year 2025. The base is
$0 in fiscal year 2026 and thereafter.
(p) Task Force on a Coordinated Approach to Juvenile Wellness and
Justice
$150,000 in fiscal year 2023 is to
implement the Task Force on a Coordinated Approach to Juvenile Wellness and
Justice. This is a onetime
appropriation.
(q) Juvenile Prevention Services
In fiscal year 2023, $150,000 from the
general fund and $1,600,000 from the prevention services account in the special
revenue fund are appropriated for grants to provide prevention services. Grant recipients may be local units of
government,
federally recognized Indian
Tribes, or nonprofit organizations. Recipients
must use funds to establish or support programs designed to prevent juveniles
from entering the criminal or juvenile justice systems through approaches that
encourage a youth's involvement in the community, provide wrap-around services
for at-risk youth, or include culturally appropriate behavioral health
interventions for youth. Specific
programs may include but are not limited to after-school programs, mentorship
programs, tutoring programs, programs that employ restorative justice
techniques such as peacemaking circles, or programs based on the Developmental
Assets Framework of the Search Institute.
(r) Juvenile Intervention Services
$2,500,000 in fiscal year 2023 is to
provide intervention and healing services.
Grant recipients may be local units of government, federally recognized
Indian Tribes, or nonprofit organizations.
Recipients must use funds to provide intervention services to youth
involved in the juvenile or criminal justice systems. Intervention services must engage youth who
have been involved in the justice system with the aim to create community
connections between the youth and their community, promote community healing,
and employ restorative justice techniques such as circles, panels, or
victim-offender mediation.
(s) Mental Health Services and Wellness Support for Juveniles and
Families
$1,750,000 in fiscal year 2023 is for
grants to organizations to provide mental health and wellness support services
for youth involved in the juvenile justice system and their families. Funding for mental health services is for
individuals or organizations that provide mental health services for youth
involved in the juvenile justice system, including residential settings or
community-based treatment. Funds must be
used to support programs designed with input from youth with lived experience,
as well as individuals with professional expertise. Wellness support services for families of
young people placed out of home following a juvenile delinquency adjudication
must create family support groups, provide resources to support families during
out-of-home placements, or support the family through the period of post-placement
reentry.
(t) Local Community Innovation Grants
$55,000,000 in fiscal year 2023 is for
local community innovation grants. The
base is $30,000,000 in fiscal year 2024 and beyond. Any unencumbered grant balances at the end of
the fiscal year do not cancel but are available for grants in the following
year.
(u)
Emergency Community Safety Grants
$15,000,000 in fiscal year 2022 is for
grants to crime prevention programs for the purpose of providing public safety. Any unencumbered balance at the end of fiscal
year 2023 does not cancel but is available for the purposes of this section
until spent. This is a onetime
appropriation.
(v) Local Co-Responder Grants
$10,000,000 in fiscal year 2023 is for
grants to establish, maintain, or expand the use of co-responder programs that
work with law enforcement agencies. Any
unencumbered balance at the end of the fiscal year does not cancel but is
available for the purposes of this section until spent.
(w) Local Community Policing Grants
$15,000,000 in fiscal year 2023 is for
local community policing grants. The
base is $10,000,000 in each of fiscal years 2024 and 2025. The base is $0 in fiscal year 2026 and
thereafter. Any unencumbered grant
balances at the end of the fiscal year do not cancel but are available for
grants in the following year.
(x) Local Investigation Grants
$15,000,000 in fiscal year 2023 is for
local investigation grants. The base is
$10,000,000 in each of fiscal years 2024 and 2025. The base is $0 in fiscal year 2026 and thereafter. Any unencumbered grant balances at the end of
the fiscal year do not cancel but are available for grants in the following
year.
Subd. 5. State
Patrol |
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-0-
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252,000
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(a) Criminal Record Expungement
$84,000 in fiscal year 2023 from the trunk
highway fund is for costs related to criminal record expungement. The base is $168,000 in fiscal year 2024 and
thereafter.
(b) Marijuana Penalties Modified
$168,000 in fiscal year 2023 from the trunk
highway fund is for costs related to changes in marijuana criminal penalties.
Subd. 6. Administrative
Services |
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-0-
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16,016,000
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(a) Public Safety Officer Soft Body Armor
$1,000,000 in fiscal year 2023 is for
public safety officer soft body armor reimbursements under Minnesota Statutes,
section 299A.381. Of this amount, the
commissioner may use up to $60,000 to staff and administer the program.
(b) Body Camera Grants
$9,000,000 in fiscal year 2023 is for
grants to local law enforcement agencies for portable recording systems. The commissioner shall award grants to local
law enforcement agencies for the purchase and maintenance of portable recording
systems and portable recording system data.
The base is $4,500,000 in fiscal year 2024 and thereafter.
(c) Body Camera Data Storage
$6,016,000 in fiscal year 2023 is to
develop and administer a statewide cloud-based body camera data storage program. Of this amount, the commissioner may use up
to $1,000,000 for staff and operating costs to administer this program and the
body camera grants program in the preceding section. The base is $6,036,000 in fiscal year 2024
and $6,057,000 in fiscal year 2025.
Subd. 7. Emergency
Communication Networks |
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-0-
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2,450,000
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Appropriations
by Fund |
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Special Revenue |
-0-
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1,450,000
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General |
-0-
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1,000,000
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(a) Local Grants
$1,000,000 in fiscal year 2023 is for
grants to local government units participating in the statewide public safety
radio communication system established under Minnesota Statutes, section 403.36. The grants must be used to purchase portable
radios and related equipment that is interoperable with the Allied Radio Matrix
for Emergency Response (ARMER) system. Each
local government unit may receive only one grant. The grant is contingent upon a match of at
least five percent from nonstate funds. The
director of the Emergency Communication Networks division, in consultation with
the Statewide Emergency Communications Board, must administer the grant program. This is a onetime appropriation.
(b) Public Safety Telecommunicator Certification and Training
Reimbursement Grants
$1,450,000 in fiscal year 2023 is
appropriated from the nondedicated 911 emergency special revenue account for
administrative and software costs and rulemaking to establish and review 911
public safety telecommunicator certification and continuing education standards
as described in Minnesota Statutes, section 403.051. The base is $1,000,000 in each of fiscal
years 2024 and 2025.
Sec. 3. PEACE OFFICER STANDARDS AND TRAINING |
$165,000 |
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$1,550,000 |
(a) Database for Public Records
$165,000 in fiscal year 2023 is for a
database for public records. This is a
onetime appropriation.
(b) Task Force on Alternative Courses to Peace Officer Licensure
$50,000 in fiscal year 2023 is for a task
force on alternative courses to peace officer licensure. This is a onetime appropriation.
(c) Investigators
$1,250,000 in fiscal year 2023 is to hire
investigators and additional staff to perform compliance reviews and investigate
alleged code of conduct violations and to obtain or improve equipment for that
purpose.
(d) Strength and Agility Testing
$250,000 in fiscal year 2023 is to
reimburse law enforcement agencies for funding scientifically content-validated
and job‑related physical strength and agility examinations to screen
applicants as required under Minnesota Statutes, section 626.843, subdivision
1c. The board must establish guidelines
for the administration of reimbursement payments under this section.
Sec. 4. PRIVATE
DETECTIVE BOARD |
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$80,000 |
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$518,000 |
(a) Record Management System and Background Checks
$80,000 in fiscal year 2022 and $18,000 in
fiscal year 2023 are to purchase and implement a record management system.
(b) Investigations and Field Audits
$430,000 is for additional staffing to
conduct investigations and field audits.
(c) Review Training Curriculum
$70,000 in fiscal year 2023 is for an
annual review of training curriculum.
Sec. 5. CORRECTIONS
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Subdivision 1. Total
Appropriation |
$1,000,000 |
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$29,272,000 |
Subd. 2. Incarceration and Prerelease Services |
-0- |
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5,252,000 |
(a) Base Adjustment
The general fund base, as a result of new
appropriations and bed impact changes, shall result in a net increase of
$6,204,000 in fiscal year 2024 and $6,186,000 in fiscal year 2025 for all
provisions in this subdivision.
(b) Body-Worn Camera Program
$1,500,000 in fiscal year 2023 is to
implement a body-worn camera program for uniformed correctional security
personnel and community-based supervision agents. The base is $1,000,000 in fiscal year 2024
and thereafter.
(c) Family Support Unit
$280,000 in fiscal year 2023 is to create
a family support unit that focuses on family support and engagement for
incarcerated individuals and their families.
(d) Higher Education
$2,000,000 in fiscal year 2023 is to
contract with Minnesota's institutions of higher education to provide
instruction to incarcerated individuals in state correctional facilities and to
support partnerships with public and private employers, trades programs, and
community colleges in providing employment opportunities for individuals after
their term of incarceration. Funding
must be used for contracts with institutions of higher education and other
training providers, and associated reentry and operational support services
provided by the agency. The base is
$3,500,000 in fiscal year 2024 and thereafter.
(e) Family Communication and Support Services
$1,500,000 in fiscal year 2023 is to
provide communications and related supportive services for incarcerated
individuals to connect with family members and other approved support persons
or service providers through video visits and phone calls during an
individual's incarceration.
Subd. 3. Community Supervision and Postrelease Services |
-0-
|
|
12,050,000
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(a) Grants Management System
$450,000 in fiscal year 2023 is for a
grants management system and to increase capacity for grants management,
including compliance and internal controls.
The base is $489,000 in fiscal year 2024 and thereafter.
(b) Supervision Services
$10,450,000 in fiscal year 2023 is for
services provided by the Department of Corrections Field Services, County
Probation Officers, and Community Corrections Act counties. The base is $25,750,000 in fiscal year 2024
and $38,300,000 in fiscal year 2025 and shall be distributed based on the
formula established in article 7, section 16, subdivision 3.
(c) Work Release Program
$1,000,000 in fiscal year 2023 is to expand
the use of the existing Department of Corrections work release program to
increase the availability of educational programming for incarcerated
individuals who are eligible and approved for work release.
(d) Healing House
$150,000 in fiscal year 2023 is to provide
project management services in support of the Healing House model. The Healing House provides support and
assistance to Native American women who have been victims of trauma. The base is $0 in fiscal year 2026 and thereafter.
Subd. 4. Organizational, Regulatory, and Administrative Services |
1,000,000
|
|
11,970,000
|
(a) Technology
$1,000,000 in fiscal year 2022 and
$11,000,000 in fiscal year 2023 are to replace or improve existing corrections
data management systems that have significant deficiencies, create a statewide
public safety information sharing infrastructure, and improve data collection
and reportability. The base is
$17,500,000 in fiscal year 2024 and thereafter.
In the development, design, and implementation
of the statewide public safety data information sharing infrastructure, the
department shall, at a minimum, consult with county correctional supervision
providers, the judicial branch, the Minnesota Sheriffs' Association, the
Minnesota Chiefs of Police Association, and the Bureau of Criminal
Apprehension.
(b) Property Insurance Premiums
$650,000 in fiscal year 2023 is to fund
cost increases for property insurance premiums at state correctional
facilities.
(c) Project Management Office
$230,000 in fiscal year 2023 is to expand
the Department of Corrections project management office, including the addition
of two project manager full-time-equivalent positions.
(d) Indeterminate Sentence Release Board
$40,000 in fiscal year 2023 is to fund the
establishment of an Indeterminate Sentence Release Board (ISRB) to review
eligible cases and make release decisions for persons serving indeterminate
sentences under the authority of the commissioner of corrections. The ISRB must consist of five members,
including four persons appointed by the governor from two recommendations of
each of the majority and minority leaders of the house of representatives and
the senate and the commissioner of corrections who shall serve as chair.
(e) Task Force on Felony Murder
$50,000 in fiscal year 2023 is to
implement the Task Force on Felony Murder.
This is a onetime appropriation.
Sec. 6. OMBUDSPERSON
FOR CORRECTIONS |
|
$21,000 |
|
$12,000 |
Sec. 7. OFFICE
OF HIGHER EDUCATION |
|
$-0- |
|
$2,500,000 |
$2,500,000 in fiscal year 2023 is to
provide reimbursement grants to postsecondary schools certified to provide
programs of professional peace officer education for providing in-service
training programs for peace officers on the proper use of force, including
deadly force, the duty to intercede, and conflict de‑escalation. Of this amount, up to 2.5 percent is for
administration and monitoring of the program.
To be eligible for reimbursement, training
offered by a postsecondary school must consist of no less than eight hours of
instruction and:
(1) satisfy the requirements of Minnesota
Statutes, section 626.8452, and be approved by the Peace Officer Standards and
Training Board, for use of force training;
(2) utilize scenario-based training that
simulates real-world situations and involves the use of real firearms that fire
nonlethal ammunition when appropriate;
(3) include a block of instruction on the
physical and psychological effects of stress before, during, and after a high
risk or traumatic incident and the cumulative impact of stress on the health of
officers;
(4) include blocks of instruction on
de-escalation methods and tactics, bias motivation, unknown risk training,
defensive tactics, and force-on-force training; and
(5) be offered to peace officers
at no charge to the peace officer or an officer's law enforcement agency.
A postsecondary school that offers
training consistent with the above requirements may apply for reimbursement for
the costs of offering the training. Reimbursement
shall be made at a rate of $450 for each officer who participates in the
training. The postsecondary school must
submit the name and peace officer license number of the peace officer who
received the training.
As used in this section, "law
enforcement agency" has the meaning given in Minnesota Statutes, section
626.84, subdivision 1, paragraph (f), and "peace officer" has the
meaning given in Minnesota Statutes, section 626.84, subdivision 1, paragraph
(c).
Sec. 8. CLEMENCY
REVIEW COMMISSION |
|
$-0- |
|
$705,000 |
Sec. 9. OFFICE
OF THE ATTORNEY GENERAL |
|
$-0- |
|
$1,821,000 |
$1,821,000 in fiscal year 2023 is for
enhanced criminal enforcement.
Sec. 10. SENTENCING
GUIDELINES COMMISSION |
$-0- |
|
$117,000 |
$117,000 in fiscal year 2023 is for providing
meeting space and administrative assistance for the Task Force on Collection of
Charging and Related Data. The base is
$121,000 in fiscal year 2024 and $0 for fiscal year 2025.
Sec. 11. TRANSFERS;
MINNCOR.
$7,000,000 in fiscal year 2023 is transferred
from the MINNCOR fund to the general fund.
Sec. 12. TRANSFER;
OPIATE EPIDEMIC RESPONSE.
$10,000,000 in fiscal year 2023 is
transferred from the general fund to the opiate epidemic response fund
established pursuant to Minnesota Statutes, section 256.043. Grants issued from this amount are for
prevention and education as described in Minnesota Statutes, section 256.042,
subdivision 1, paragraph (a), clause (1).
Grant recipients must be located outside the seven-county metropolitan
area.
Sec. 13. FUND
TRANSFER; HOMETOWN HEROES ASSISTANCE PROGRAM.
The commissioner of public safety shall
transfer any amounts remaining in the appropriation under Laws 2021, First
Special Session chapter 11, article 1, section 14, subdivision 7, paragraph
(k), from the Office of Justice Programs to the state fire marshal for grants
to the Minnesota Firefighter Initiative to fund the hometown heroes assistance
program under Minnesota Statutes, section 299A.477.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
ARTICLE 2
GENERAL CRIMES AND PUBLIC SAFETY POLICY
Section 1. Minnesota Statutes 2020, section 13.6905, is amended by adding a subdivision to read:
Subd. 36. Direct
wine shipments. Data obtained
and shared by the commissioner of public safety relating to direct shipments of
wine are governed by sections 340A.550 and 340A.555.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 2. Minnesota Statutes 2020, section 13.825, subdivision 2, is amended to read:
Subd. 2. Data classification; court-authorized disclosure. (a) Data collected by a portable recording system are private data on individuals or nonpublic data, subject to the following:
(1) data that document the discharge of a firearm by a peace officer in the course of duty, if a notice is required under section 626.553, subdivision 2, or the use of force by a peace officer that results in substantial bodily harm, as defined in section 609.02, subdivision 7a, are public;
(2) data are public if a subject of the data requests it be made accessible to the public, except that, if practicable, (i) data on a subject who is not a peace officer and who does not consent to the release must be redacted, and (ii) data on a peace officer whose identity is protected under section 13.82, subdivision 17, clause (a), must be redacted;
(3) portable recording system data that are active criminal investigative data are governed by section 13.82, subdivision 7, and portable recording system data that are inactive criminal investigative data are governed by this section;
(4) portable recording system data that are public personnel data under section 13.43, subdivision 2, clause (5), are public; and
(5) data that are not public data under other provisions of this chapter retain that classification.
(b) Notwithstanding section 13.82,
subdivision 7, a deceased individual's next of kin, legal representative of the
next of kin, or other parent of the deceased individual's children is entitled
to view any and all recordings from a peace officer's portable recording
system, redacted no more than what is required by law, of an officer's use of
deadly force no later than five business days following an incident where
deadly force used by a peace officer results in the death of an individual,
except that a chief law enforcement officer may deny a request if the
investigating agency requests and can articulate a compelling reason as to why
allowing the deceased individual's next of kin, legal representative of next of
kin, or other parent of the deceased individual's children to review the
recordings would interfere with a thorough investigation. If the chief law enforcement officer denies a
request under this paragraph, the involved officer's agency must issue a
prompt, written denial and provide notice to the deceased individual's next of
kin, legal representative of the next of kin, or other parent of the deceased
individual's children that relief may be sought from the district court.
(c) Notwithstanding section 13.82,
subdivision 7, an involved officer's agency shall release to the public no
later than 14 business days after an incident all body-worn camera recordings
of the incident where a peace officer used deadly force and an individual died,
except that a chief law enforcement officer shall not release the video if the
investigating agency asserts in writing that allowing the public to view the
recordings would interfere with the ongoing investigation.
(b) (d) A law enforcement agency may redact or withhold access to portions of data that are public under this subdivision if those portions of data are clearly offensive to common sensibilities.
(c) (e) Section 13.04,
subdivision 2, does not apply to collection of data classified by this
subdivision.
(d) (f) Any person may bring
an action in the district court located in the county where portable recording
system data are being maintained to authorize disclosure of data that are
private or nonpublic under this section or to challenge a determination under
paragraph (b) to redact or withhold access to portions of data because the data
are clearly offensive to common sensibilities.
The person bringing the action must give notice of the action to the law
enforcement agency and subjects of the data, if known. The law enforcement agency must give notice
to other subjects of the data, if known, who did not receive the notice from
the person bringing the action. The
court may order that all or part of the data be released to the public or to
the person bringing the action. In
making this determination, the court shall consider whether the benefit to the
person bringing the action or to the public outweighs any harm to the public,
to the law enforcement agency, or to a subject of the data and, if the action
is challenging a determination under paragraph (b), whether the data are
clearly offensive to common sensibilities.
The data in dispute must be examined by the court in camera. This paragraph does not affect the right of a
defendant in a criminal proceeding to obtain access to portable recording
system data under the Rules of Criminal Procedure.
Sec. 3. Minnesota Statutes 2020, section 241.01, subdivision 3a, is amended to read:
Subd. 3a. Commissioner, powers and duties. The commissioner of corrections has the following powers and duties:
(a) To accept persons committed to the commissioner by the courts of this state for care, custody, and rehabilitation.
(b) To determine the place of confinement of committed persons in a correctional facility or other facility of the Department of Corrections and to prescribe reasonable conditions and rules for their employment, conduct, instruction, and discipline within or outside the facility. Inmates shall not exercise custodial functions or have authority over other inmates.
(c) To administer the money and property of the department.
(d) To administer, maintain, and inspect all state correctional facilities.
(e) To transfer authorized positions and personnel between state correctional facilities as necessary to properly staff facilities and programs.
(f) To utilize state correctional facilities in the manner deemed to be most efficient and beneficial to accomplish the purposes of this section, but not to close the Minnesota Correctional Facility-Stillwater or the Minnesota Correctional Facility-St. Cloud without legislative approval. The commissioner may place juveniles and adults at the same state minimum security correctional facilities, if there is total separation of and no regular contact between juveniles and adults, except contact incidental to admission, classification, and mental and physical health care.
(g) To organize the department and employ personnel the commissioner deems necessary to discharge the functions of the department, including a chief executive officer for each facility under the commissioner's control who shall serve in the unclassified civil service and may, under the provisions of section 43A.33, be removed only for cause.
(h) To define the duties of these employees and to delegate to them any of the commissioner's powers, duties and responsibilities, subject to the commissioner's control and the conditions the commissioner prescribes.
(i) To annually develop a comprehensive set of goals and objectives designed to clearly establish the priorities of the Department of Corrections. This report shall be submitted to the governor commencing January 1, 1976. The commissioner may establish ad hoc advisory committees.
(j) To perform these duties with the
goal of promoting public safety. Promoting
public safety includes the promotion of human rights. "Public safety" means reducing or
preventing crime while maintaining the basic rights, freedoms, and privileges
that belong to every person, including the right to dignity, fairness,
equality, respect, and freedom from discrimination, and is achieved by
diverting people away from the criminal justice system whenever possible,
imposing sanctions that are the least restrictive necessary to achieve accountability
for the offense, preferring the use of community services to imprisonment or
other confinement unless confinement is necessary to protect the public, and
promoting the rehabilitation of those convicted through the provision of
evidence-based programming and services.
Sec. 4. Minnesota Statutes 2020, section 244.09, subdivision 5, is amended to read:
Subd. 5. Promulgation of Sentencing Guidelines. The commission shall promulgate Sentencing Guidelines for the district court. The guidelines shall be based on reasonable offense and offender characteristics. The guidelines promulgated by the commission shall be advisory to the district court and shall establish:
(1) the circumstances under which imprisonment of an offender is proper; and
(2) a presumptive, fixed sentence for offenders for whom imprisonment is proper, based on each appropriate combination of reasonable offense and offender characteristics. The guidelines shall provide for an increase of 20 percent and a decrease of 15 percent in the presumptive, fixed sentence.
The Sentencing Guidelines promulgated by the commission may also establish appropriate sanctions for offenders for whom imprisonment is not proper. Any guidelines promulgated by the commission establishing sanctions for offenders for whom imprisonment is not proper shall make specific reference to noninstitutional sanctions, including but not limited to the following: payment of fines, day fines, restitution, community work orders, work release programs in local facilities, community based residential and nonresidential programs, incarceration in a local correctional facility, and probation and the conditions thereof.
Although the Sentencing Guidelines are advisory to the district court, the court shall follow the procedures of the guidelines when it pronounces sentence in a proceeding to which the guidelines apply by operation of statute. Sentencing pursuant to the Sentencing Guidelines is not a right that accrues to a person convicted of a felony; it is a procedure based on state public policy to maintain uniformity, proportionality, rationality, and predictability in sentencing.
In establishing and modifying the Sentencing Guidelines, the primary consideration of the commission shall be public safety. "Public safety" means reducing or preventing crime while maintaining the basic rights, freedoms, and privileges that belong to every person, including the right to dignity, fairness, equality, respect, and freedom from discrimination, and is achieved by diverting people away from the criminal justice system whenever possible, imposing sanctions that are the least restrictive necessary to achieve accountability for the offense, preferring the use of community services to imprisonment or other confinement unless confinement is necessary to protect the public, and promoting the rehabilitation of those convicted through the provision of evidence-based programming and services. Promoting public safety includes the promotion of human rights. The commission shall also consider current sentencing and release practices; correctional resources, including but not limited to the capacities of local and state correctional facilities; and the long-term negative impact of the crime on the community.
The provisions of sections 14.001 to 14.69 do not apply to the promulgation of the Sentencing Guidelines, and the Sentencing Guidelines, including severity levels and criminal history scores, are not subject to review by the legislative commission to review administrative rules. However, the commission shall adopt rules pursuant to sections 14.001 to 14.69 which establish procedures for the promulgation of the Sentencing Guidelines, including procedures for the promulgation of severity levels and criminal history scores, and these rules shall be subject to review by the Legislative Coordinating Commission.
Sec. 5. Minnesota Statutes 2021 Supplement, section 253B.18, subdivision 5a, is amended to read:
Subd. 5a. Victim notification of petition and release; right to submit statement. (a) As used in this subdivision:
(1) "crime" has the meaning given to "violent crime" in section 609.1095, and includes criminal sexual conduct in the fifth degree and offenses within the definition of "crime against the person" in section 253B.02, subdivision 4e, and also includes offenses listed in section 253D.02, subdivision 8, paragraph (b), regardless of whether they are sexually motivated;
(2) "victim" means a person who has incurred loss or harm as a result of a crime the behavior for which forms the basis for a commitment under this section or chapter 253D; and
(3) "convicted" and "conviction" have the meanings given in section 609.02, subdivision 5, and also include juvenile court adjudications, findings under Minnesota Rules of Criminal Procedure, rule 20.02, that the elements of a crime have been proved, and findings in commitment cases under this section or chapter 253D that an act or acts constituting a crime occurred or were part of their course of harmful sexual conduct.
(b) A county attorney who files a petition
to commit a person under this section or chapter 253D shall make a reasonable
effort to provide prompt notice of filing the petition to any victim of a crime
for which the person was convicted. In
addition, the county attorney shall make a reasonable effort to promptly notify
the victim of the resolution of the petition and the process for requesting
notification of an individual's change in status as provided in paragraph (c). A notice shall only be provided to a
victim who has submitted a written request for notification to the prosecutor.
(c) A victim may request notification of an individual's discharge or release as provided in paragraph (d) by submitting a written request for notification to the executive director of the facility in which the individual is confined. The Department of Corrections or a county attorney who receives a request for notification from a victim under this section shall promptly forward the request to the executive director of the treatment facility in which the individual is confined.
(d) Before provisionally discharging, discharging, granting pass-eligible status, approving a pass plan, or otherwise permanently or temporarily releasing a person committed under this section from a state-operated treatment program or treatment facility, the head of the state-operated treatment program or head of the treatment facility shall make a reasonable effort to notify any victim of a crime for which the person was convicted that the person may be discharged or released and that the victim has a right to submit a written statement regarding decisions of the medical director, special review board, or commissioner with respect to the person. To the extent possible, the notice must be provided at least 14 days before any special review board hearing or before a determination on a pass plan. Notwithstanding section 611A.06, subdivision 4, the commissioner shall provide the judicial appeal panel with victim information in order to comply with the provisions of this section. The judicial appeal panel shall ensure that the data on victims remains private as provided for in section 611A.06, subdivision 4. These notices shall only be provided to victims who have submitted a written request for notification as provided in paragraph (c).
(e) The rights under this subdivision are in addition to rights available to a victim under chapter 611A. This provision does not give a victim all the rights of a "notified person" or a person "entitled to statutory notice" under subdivision 4a, 4b, or 5 or section 253D.14.
Sec. 6. Minnesota Statutes 2021 Supplement, section 253D.14, subdivision 2, is amended to read:
Subd. 2. Notice
of filing petition. A county
attorney who files a petition to commit a person under this chapter shall make
a reasonable effort to provide prompt notice of filing the petition to any
victim of a crime for which the person was convicted or was listed as a victim
in the petition of commitment. In
addition, the county attorney shall make a reasonable and good faith effort to
promptly notify the victim of the resolution of the process for requesting the
notification of an individual's change in status as provided in section
253D.14, subdivision 3. A notice
shall only be provided to a victim who has submitted a written request for
notification to the prosecutor.
Sec. 7. Minnesota Statutes 2020, section 256I.04, subdivision 2g, is amended to read:
Subd. 2g. Crisis
shelters Domestic abuse programs.
Secure crisis shelters for battered women and their children
designated by the Minnesota Department of Corrections Programs that
provide services to victims of domestic abuse designated by the Office of
Justice Programs in the Department of Public Safety are not eligible for
housing support under this chapter.
Sec. 8. Minnesota Statutes 2020, section 299A.01, is amended by adding a subdivision to read:
Subd. 1d. Mandated
reports; annual audit. (a)
Beginning February 15, 2023, and each year thereafter, the commissioner, as
part of the department's mission and within the department's resources, shall
report to the chairs and ranking minority members of the legislative committees
having jurisdiction over public safety policy and finance a list of reports
that the commissioner is obligated to submit to the legislature. For each reporting requirement listed, the
commissioner must include a description of the applicable program, information
required to be included in the report, the frequency that the report must be
completed, and the statutory authority for the report.
(b) If the legislature does not repeal
or otherwise modify by law a reporting requirement, the commissioner must
continue to provide each mandated report as required by law.
Sec. 9. Minnesota Statutes 2020, section 299A.01, subdivision 2, is amended to read:
Subd. 2. Duties of commissioner. (a) The duties of the commissioner shall include the following:
(1) the coordination, development and maintenance of services contracts with existing state departments and agencies assuring the efficient and economic use of advanced business machinery including computers;
(2) the execution of contracts and agreements with existing state departments for the maintenance and servicing of vehicles and communications equipment, and the use of related buildings and grounds;
(3) the development of integrated fiscal services for all divisions, and the preparation of an integrated budget for the department;
(4) the publication and award of grant contracts with state agencies, local units of government, and other entities for programs that will benefit the safety of the public; and
(5) the establishment of a planning bureau within the department.
(b) The commissioner shall
exercise the duties under paragraph (a) with the goal of promoting public
safety. Promoting public safety includes
the promotion of human rights. "Public
safety" means reducing or preventing crime by diverting people away from
the criminal justice system whenever possible, effecting arrest or detention
practices that are the least restrictive necessary to protect the public, and
promoting the rehabilitation of those who engage in criminal activity by
providing evidence-based programming and services, while still maintaining the
basic rights, freedoms, and privileges that belong to every person, including
the right to dignity, fairness, equality, respect, and freedom from
discrimination.
Sec. 10. [299A.381]
PUBLIC SAFETY OFFICER SOFT BODY ARMOR REIMBURSEMENT.
Subdivision 1. Definitions. As used in this section:
(1) "commissioner" means the
commissioner of public safety;
(2) "firefighter" means a
volunteer, paid on-call, part-time, or career firefighter serving a general
population within the boundaries of the state;
(3) "public safety officer"
means a firefighter or qualified emergency medical service provider;
(4) "qualified emergency medical
service provider" means a person certified under section 144E.101 who is
actively employed by a Minnesota licensed ambulance service; and
(5) "vest" has the meaning
given in section 299A.38, subdivision 1, paragraph (c).
Subd. 2. State
and local reimbursement. Public
safety officers and heads of agencies and entities that buy vests for the use
of public safety officer employees may apply to the commissioner for
reimbursement of funds spent to buy vests.
On approving an application for reimbursement, the commissioner shall
pay the applicant an amount equal to the lesser of one-half of the vest's
purchase price or the reimbursement amount set by the commissioner in section 299A.38,
subdivision 2a. The political
subdivision or entity that employs a public safety officer shall pay at least
the lesser of one-half of the vest's purchase price or the reimbursement amount
set by the commissioner in section 299A.38, subdivision 2a. The employer may not deduct or pay its share
of the vest's cost from any clothing, maintenance, or similar allowance
otherwise provided to the public safety officer by the employer.
Subd. 3. Eligibility
requirements. The eligibility
requirements in section 299A.38, subdivision 3, apply to applications for
reimbursement under this section.
Subd. 4. Rules. The commissioner shall amend the rules
adopted pursuant to section 299A.38, subdivision 4, to administer this section,
as needed.
Subd. 5. Limitation
of liability. A state agency,
political subdivision of the state, state or local government employee, or
other entity that provides reimbursement for purchase of a vest under this
section is not liable to a public safety officer or the public safety officer's
heirs for negligence in the death of or injury to the public safety officer
because the vest was defective or deficient.
Subd. 6. Right
to benefits unaffected. A
public safety officer who is reimbursed for the purchase of a vest under this
section and who suffers injury or death because the officer failed to wear the
vest, or because the officer wore a vest that was defective or deficient, may
not lose or be denied a benefit or right, including a benefit under section
299A.44, to which the officer, or the officer's heirs, is otherwise entitled.
Sec. 11. Minnesota Statutes 2020, section 299A.49, subdivision 2, is amended to read:
Subd. 2. Chemical
assessment Hazardous materials response team. "Chemical assessment Hazardous
materials response team" means a team (1) trained, equipped, and
authorized to evaluate and, when possible feasible, provide simple
mitigation to a hazardous materials incident or release and (2) required
to recommend to the local incident manager the best means of controlling the
hazard after consideration of life safety concerns, environmental effects,
exposure hazards, quantity and type of hazardous material, availability of
resources, or other relevant factors.
Sec. 12. Minnesota Statutes 2020, section 299A.50, subdivision 1, is amended to read:
Subdivision 1. Elements
of plan; rules. After consultation
with the commissioners of natural resources, agriculture, transportation, and
the Pollution Control Agency, the state fire marshal Department of
Public Safety, the Emergency Response Commission, appropriate technical
emergency response representatives, and representatives of affected parties,
the commissioner shall adopt rules to implement a statewide hazardous materials
incident response plan. The plan must include:
(1) the locations of up to five regional
hazardous materials response teams, based on the location of hazardous
materials, response time, proximity to large population centers, and other
factors;
(2) the number and qualifications of members on each team;
(3) the responsibilities of regional
hazardous materials response teams;
(4) equipment needed for regional
hazardous materials response teams;
(5) procedures for selecting and
contracting with local governments or nonpublic persons to establish regional
hazardous materials response teams;
(6) procedures for dispatching teams at the request of local governments;
(7) a fee schedule for reimbursing local governments or nonpublic persons responding to an incident; and
(8) coordination with other state departments and agencies, local units of government, other states, Indian tribes, the federal government, and other nonpublic persons.
Sec. 13. Minnesota Statutes 2020, section 299A.51, is amended to read:
299A.51
LIABILITY AND WORKERS' COMPENSATION.
Subdivision 1. Liability. During operations authorized under
section 299A.50, members of a regional hazardous materials team
operating outside their geographic jurisdiction are "employees of the
state" as defined in section 3.736.
Subd. 2. Workers'
compensation. During operations
authorized under section 299A.50, members of a regional hazardous materials
team operating outside their geographic jurisdiction are considered employees
of the Department of Public Safety for purposes of chapter 176.
Subd. 3. Limitation. A person who provides personnel and equipment to assist at the scene of a hazardous materials response incident outside the person's geographic jurisdiction or property, at the request of the state or a local unit of government, is not liable for any civil damages resulting from acts or omissions in providing the assistance, unless the person acts in a willful and wanton or reckless manner in providing the assistance.
Sec. 14. [299A.625]
PUBLIC SAFETY INNOVATION BOARD.
Subdivision 1. Establishment. The Public Safety Innovation Board is
established in the Office of Justice Programs within the Department of Public
Safety. The board has the powers and
duties described in this section.
Subd. 2. Membership. (a) The Public Safety Innovation Board
is composed of the following members:
(1) three individuals with experience
conducting research in the areas of crime, policing, or sociology while
employed by an academic or nonprofit entity, appointed by the governor;
(2) five individuals appointed by the
governor of whom:
(i) one shall be a victim of a crime or
an advocate for victims of crime;
(ii)
one shall be a person impacted by the criminal justice system or an advocate
for defendants in criminal cases; and
(iii) one shall have a background in
social work;
(3) four members representing the
community-specific boards established under sections 3.922 and 15.0145, with
one appointment made by each board; and
(4) three members representing law
enforcement, with one appointment by the Minnesota Sheriffs' Association, one
by the Minnesota Chiefs of Police Association, and one by the Minnesota Police
and Peace Officers Association.
(b) The members of the board shall
elect one member to serve as chair.
Subd. 3. Terms;
removal; vacancy. (a) Members
are appointed to serve three-year terms following the initial staggered-term
lot determination and may be reappointed.
(b) Initial appointment of members must
take place by August 1, 2022. The
initial term of members appointed under paragraph (a) shall be determined by
lot by the secretary of state and shall be as follows:
(1) five members shall serve one-year
terms;
(2) five members shall serve two-year
terms; and
(3) five members shall serve three-year
terms.
(c) A member may be removed by the
appointing authority at any time for cause, after notice and hearing.
(d) If a vacancy occurs, the appointing
authority shall appoint a new qualifying member within 90 days.
(e) Compensation of board members is
governed by section 15.0575.
Subd. 4. Powers
and duties. The board shall
improve public safety by increasing the efficiency, effectiveness, and capacity
of public safety providers and has the following powers and duties:
(1) monitoring trends in crime within
Minnesota;
(2) reviewing research on criminal
justice and public safety issues;
(3) providing information on
criminal trends and research to the commissioner, municipalities, and the
legislature;
(4) communicating with recipients of
grant funds to learn from successful and innovative programs, develop
procedures to simplify application and reporting requirements, and identify
gaps in programs or services that could be filled to improve public safety;
(5) working with the commissioner to
modify requests for proposals to better meet the needs of applicants and the
community;
(6) working with the commissioner,
community review panels, the final review panel, and Office of Justice Programs
staff to establish policies, procedures, and priorities to best address public
safety and community needs;
(7) working with grant recipients,
applicants whose proposals were not approved, and individuals or entities
interested in applying for grants to increase the understanding of the grant
process and help improve applications that are submitted;
(8) analyzing the pool of applicants
and public application materials to identify:
(i) barriers to successful
applications;
(ii) eligible geographic, ethnic, or
other communities that do not apply for grants;
(iii) the demographics of populations
served by grant applicants, including identification of populations that are
not receiving services and any disparities in services provided; and
(iv) the types of programs that receive
awards;
(9) developing policies and procedures
to support communities that are underserved by grant recipients, address
imbalances in the pool of grant applicants or recipients, and expand the types
of services provided by grant recipients to include effective programs that are
underutilized;
(10) working with the Minnesota
Statistical Analysis Center to identify appropriate outcomes to track on an
annual basis for both programs receiving grants and local communities for the
purpose of monitoring trends in public safety and the impact of specific
programmatic models; and
(11) making recommendations to the
legislature for changes in policy and funding to address existing and emerging
needs related to public safety.
Subd. 5. Meetings. The board shall meet quarterly or at
the call of the chair. At least two
meetings in each fiscal year must take place outside of the metropolitan area
as defined in section 473.121, subdivision 2.
Meetings of the board are subject to chapter 13D.
Subd. 6. Report. By January 15 each year, the board
shall report to the legislative committees and divisions with jurisdiction over
public safety on the work of the board; the use and impact of grant programs to
address public safety, including emergency community safety grants and local
co-responder grants; grants issued by the Department of Public Safety to local
law enforcement agencies for portable recording systems; the outcomes tracked
on an annual basis by the Minnesota Statistical Analysis Center; and
recommendations for changes in policy and funding to improve public safety.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 15. Minnesota Statutes 2020, section 299A.706, is amended to read:
299A.706
ALCOHOL ENFORCEMENT ACCOUNT; APPROPRIATION.
An alcohol enforcement account is created
in the special revenue fund, consisting of money credited to the account by law. Money in the account may be appropriated by
law for: (1) costs of the Alcohol
and Gambling Division related to administration and enforcement of sections
340A.403, subdivision 4; 340A.414, subdivision 1a; and 340A.504,
subdivision 7; and 340A.550, subdivisions 2, 4, 5, and 6; and (2) costs
of the State Patrol.
EFFECTIVE
DATE. This section is
effective July 1, 2022.
Sec. 16. Minnesota Statutes 2020, section 299A.78, subdivision 1, is amended to read:
Subdivision 1. Definitions. For purposes of sections 299A.78 to 299A.795, the following definitions apply:
(a) "Commissioner" means the commissioner of the Department of Public Safety.
(b) "Nongovernmental organizations" means nonprofit, nongovernmental organizations that provide legal, social, or other community services.
(c) "Blackmail" has the
meaning given in section 609.281, subdivision 2.
(d) (c) "Debt
bondage" has the meaning given in section 609.281, subdivision 3.
(e) (d) "Forced labor
or services" has the meaning given in section 609.281, subdivision 4.
(f) (e) "Labor
trafficking" has the meaning given in section 609.281, subdivision 5.
(g) (f) "Labor
trafficking victim" has the meaning given in section 609.281, subdivision
6.
(h) (g) "Sex
trafficking" has the meaning given in section 609.321, subdivision 7a.
(i) (h) "Sex
trafficking victim" has the meaning given in section 609.321, subdivision
7b.
(j) (i) "Trafficking"
includes "labor trafficking" and "sex trafficking."
(k) (j) "Trafficking
victim" includes "labor trafficking victim" and "sex
trafficking victim."
EFFECTIVE
DATE. This section is
effective August 1, 2022.
Sec. 17. Minnesota Statutes 2020, section 299A.79, subdivision 3, is amended to read:
Subd. 3. Public awareness initiative. The public awareness initiative required in subdivision 1 must address, at a minimum, the following subjects:
(1) the risks of becoming a trafficking victim;
(2) common recruitment techniques; use of
debt bondage, blackmail, forced labor and services, prostitution, and other
coercive tactics; and risks of assault, criminal sexual conduct, exposure to
sexually transmitted diseases, and psychological harm;
(3) crime victims' rights; and
(4) reporting recruitment activities involved in trafficking.
EFFECTIVE
DATE. This section is
effective August 1, 2022.
Sec. 18. [299A.86]
REWARD FUND FOR INFORMATION ON MISSING AND MURDERED INDIGENOUS RELATIVES.
Subdivision 1. Fund
created. A reward fund for
information on missing and murdered Indigenous relatives is created as an account
in the state treasury. Money
appropriated or otherwise deposited into the account is available to pay
rewards and for other purposes as authorized under this section.
Subd. 2. Reward. The director of the Office for Missing
and Murdered Indigenous Relatives, in consultation with the reward advisory
group, is authorized to pay a reward to any person who provides relevant
information relating to a missing and murdered Indigenous relative
investigation.
Subd. 3. Reward
advisory group. (a) The director
of the Office for Missing and Murdered Indigenous Relatives, in consultation
with the stakeholder groups described in section 299A.85, subdivision 5, shall
appoint an advisory group to make recommendations on paying rewards under this
section. The advisory group shall
consist of the following individuals:
(1) a representative from the Office
for Missing and Murdered Indigenous Relatives;
(2) a representative from a Tribal,
statewide, or local organization that provides legal services to Indigenous
women and girls;
(3) a representative from a Tribal,
statewide, or local organization that provides advocacy or counseling for
Indigenous women and girls who have been victims of violence;
(4) a representative from a Tribal,
statewide, or local organization that provides services to Indigenous women and
girls;
(5) a Tribal peace officer who works
for or resides on a federally recognized American Indian reservation in
Minnesota; and
(6) a representative from the Minnesota
Human Trafficking Task Force.
(b) The advisory group shall meet as
necessary but at a minimum twice per year to carry out its duties and shall
elect a chair from among its members at its first meeting. The director shall convene the group's first
meeting. The director shall provide
necessary office space and administrative support to the group. Members of the group serve without
compensation but shall receive expense reimbursement as provided in section
15.059.
(c) The representative from the Office
for Missing and Murdered Indigenous Relatives may fully participate in the
advisory group's activities but may not vote on issues before the group.
Subd. 4. Advertising. The director of the Office for Missing
and Murdered Indigenous Relatives, in consultation with the reward advisory
group, may spend up to four percent of available funds on an advertising or
public relations campaign to increase public awareness on the availability of
rewards under this section.
Subd. 5. Grants;
donations. The director of
the Office for Missing and Murdered Indigenous Relatives, in consultation with
the reward advisory group, may apply for and accept grants and donations from
the public and from public and private entities to implement this section.
Subd. 6. Reward
cap. A reward paid under this
section may not exceed $1,000,000.
Subd. 7. Reward
procedures and criteria. The
director of the Office for Missing and Murdered Indigenous Relatives, in
consultation with the reward advisory group, shall determine the eligibility
criteria and procedures for granting rewards under this section.
Subd. 8. Definition. As used in this section, "missing
and murdered Indigenous relatives" means missing and murdered Indigenous
people from or descended from one of the United States' federally recognized
American Indian Tribes.
Sec. 19. [299A.90]
OFFICE FOR MISSING AND MURDERED BLACK WOMEN AND GIRLS.
Subdivision 1. Establishment. The commissioner shall establish and
maintain an office dedicated to preventing and ending the targeting of Black
women and girls within the Minnesota Office of Justice Programs.
Subd. 2. Director;
staff. (a) The commissioner
must appoint a director who is a person closely connected to the Black
community and who is highly knowledgeable about criminal investigations. The commissioner is encouraged to consider
candidates for appointment who are recommended by members of the Black
community.
(b) The director may select, appoint,
and compensate out of available funds assistants and employees as necessary to
discharge the office's responsibilities.
(c) The director and full-time staff
shall be members of the Minnesota State Retirement System.
Subd. 3. Duties. (a) The office has the following
duties:
(1) advocate in the legislature for
legislation that will facilitate the accomplishment of mandates identified in
the report of the Task Force on Missing and Murdered African American Women;
(2) advocate for state agencies to take
actions to facilitate the accomplishment of mandates identified in the report
of the Task Force on Missing and Murdered African American Women;
(3) develop recommendations for
legislative and agency actions to address injustice in the criminal justice
system's response to cases of missing and murdered Black women and girls;
(4) facilitate research to refine the
mandates in the report of the Task Force on Missing and Murdered African
American Women and to assess the potential efficacy, feasibility, and impact of
the recommendations;
(5) facilitate research and collect
data on missing person and homicide cases involving Black women and girls,
including the total number of cases, the rate at which the cases are solved,
the length of time the cases remain open, and a comparison to similar cases
involving different demographic groups;
(6) collect data on Amber Alerts,
including the total number of Amber Alerts issued, the total number of Amber
Alerts that involve Black girls, and the outcome of cases involving Amber
Alerts disaggregated by the child's race and sex;
(7) collect data on reports of
missing Black girls, including the number classified as voluntary runaways, and
a comparison to similar cases involving different demographic groups;
(8) facilitate research to assess the
intersection between cases involving missing and murdered Black women and girls
and labor trafficking and sex trafficking;
(9) develop recommendations for
legislative, agency, and community actions to address the intersection between
cases involving missing and murdered Black women and girls and labor trafficking
and sex trafficking;
(10) facilitate research to assess the
intersection between cases involving murdered Black women and girls and
domestic violence, including prior instances of domestic violence within the
family or relationship, whether an offender had prior convictions for domestic
assault or related offenses, and whether the offender used a firearm in the
murder or any prior instances of domestic assault;
(11) develop recommendations for
legislative, agency, and community actions to address the intersection between
cases involving murdered Black women and girls and domestic violence;
(12) develop tools and processes to
evaluate the implementation and impact of the efforts of the office;
(13) track and collect Minnesota data on
missing and murdered Black women and girls, and provide statistics upon public
or legislative inquiry;
(14) facilitate technical assistance for
local and Tribal law enforcement agencies during active cases involving missing
and murdered Black women and girls;
(15) conduct case reviews and report on
the results of case reviews for the following types of cases involving missing
and murdered Black women and girls: (i)
cold cases for missing Black women and girls; and (ii) death investigation
review for cases of Black women and girls ruled as suicide or overdose under
suspicious circumstances;
(16) conduct case reviews of the
prosecution and sentencing for cases where a perpetrator committed a violent or
exploitative crime against a Black woman or girl. These case reviews must identify those cases
where the perpetrator is a repeat offender;
(17) prepare draft legislation as
necessary to allow the office access to the data necessary for the office to
conduct the reviews required in this section and advocate for passage of that
legislation;
(18) review sentencing guidelines for
crimes related to missing and murdered Black women and girls, recommend changes
if needed, and advocate for consistent implementation of the guidelines across
Minnesota courts;
(19) develop and maintain communication
with relevant divisions in the Department of Public Safety regarding any cases
involving missing and murdered Black women and girls and on procedures for
investigating cases involving missing and murdered Black women and girls; and
(20) coordinate, as relevant, with
federal efforts, and efforts in neighboring states and Canada.
(b) As used in this subdivision:
(1) "labor trafficking" has
the meaning given in section 609.281, subdivision 5; and
(2) "sex trafficking" has the
meaning given in section 609.321, subdivision 7a.
Subd. 4. Coordination
with other organizations. In
fulfilling its duties, the office may coordinate with stakeholder groups that
were represented on the Task Force on Missing and Murdered African American
Women and state agencies that are responsible for the systems that play a role
in investigating, prosecuting, and adjudicating cases involving violence
committed against Black women and girls; those who have a role in supporting or
advocating for missing or murdered Black women and girls and the people who
seek justice for them; and those who represent the interests of Black people. This includes the following entities: Minnesota Chiefs of Police Association;
Minnesota Sheriffs' Association; Bureau of Criminal Apprehension; Minnesota
Police and Peace Officers Association; Tribal law enforcement; Minnesota County
Attorneys Association; United States Attorney's Office; juvenile courts;
Minnesota Coroners' and Medical Examiners' Association; United States Coast Guard;
state agencies, including the Departments of Health, Human Services, Education,
Corrections, and Public Safety; service providers who offer legal services,
advocacy, and other services to Black women and girls; Black women and girls
who are survivors; and organizations and leadership from urban and statewide
Black communities.
Subd. 5. Reports. The office must report on measurable
outcomes achieved to meet its statutory duties, along with specific objectives
and outcome measures proposed for the following year. The report must include data and statistics
on missing and murdered Black women and girls in Minnesota, including names,
dates of disappearance, and dates of death, to the extent the data is publicly
available. The office must submit the report
by January 15 each year to the chairs and ranking minority members of the
legislative committees with primary jurisdiction over public safety.
Subd. 6. Grants. The office may apply for and receive
grants from public and private entities for the purposes of carrying out the
office's duties under this section.
Subd. 7. Access
to data. Notwithstanding
section 13.384 or 13.85, the director has access to corrections and detention
data and medical data maintained by an agency and classified as private data on
individuals or confidential data on individuals to the extent the data is
necessary for the office to perform its duties under this section.
Sec. 20. [299C.092]
QUESTIONED IDENTITY PROCESS.
Subdivision 1. Definitions. (a) For the purposes of this section,
the terms in this subdivision have the meanings given.
(b) "Questioned identity"
means an individual's identity that is associated with another person's records
when the individual's identity is used by an offender in interactions with law enforcement
or that the offender has the same name. Questioned
identity can lead to difficulties differentiating the individual from the
offender.
(c) "Bureau" means the Bureau
of Criminal Apprehension.
Subd. 2. Process. (a) When an individual is the subject
of questioned identity, the individual may request a review by the bureau
through its questioned identity process.
Individuals must contact the bureau and provide the following:
(1) documentation of the individual's
identity through government-issued photo identification;
(2) documents or information that lead
the individual to believe that the individual is the subject of questioned
identity; and
(3) fingerprints for identification
verification purposes.
(b) If the bureau is able to
confirm that the individual is the subject of questioned identity, the bureau
shall provide documentation to the individual indicating that the individual
has been through the bureau's questioned identity process.
(c) The bureau shall denote any aliases
determined to be questioned identities in the Criminal History System under
section 299C.09 and shall work with other state and local agencies to denote
aliases in arrest warrants.
(d) The bureau shall attach a photo of
the offender to arrest warrants in the bureau's warrant file if a photo is
available.
(e) The bureau, in consultation with
reporting criminal justice agencies, may remove an alias from a criminal
history record when it determines doing so will not negatively impact a
criminal justice agency's ability to identify the offender in the future. Some considerations in making the
determination include but are not limited to time elapsed since the alias name
was last used, frequency with which the alias was used, current incarceration
status of the offender, whether it is or was the offender's name, and whether
the offender is living or deceased.
(f) Law enforcement must take into
account the presence of documentation from the bureau or another law
enforcement agency confirming a questioned identity when considering whether an
individual has a warrant under section 299C.115 and may contact the bureau or
the issuing law enforcement agency to confirm authenticity of the documentation
provided by an individual.
Sec. 21. Minnesota Statutes 2020, section 299C.46, subdivision 1, is amended to read:
Subdivision 1. Establishment. The commissioner of public safety shall establish a criminal justice data communications network that will provide secure access to systems and services available from or through the Bureau of Criminal Apprehension. The Bureau of Criminal Apprehension may approve additional criminal justice uses by authorized agencies to access necessary systems or services not from or through the bureau. The commissioner of public safety is authorized to lease or purchase facilities and equipment as may be necessary to establish and maintain the data communications network.
Sec. 22. Minnesota Statutes 2020, section 299C.65, subdivision 1a, is amended to read:
Subd. 1a. Membership; duties. (a) The Criminal and Juvenile Justice Information and Bureau of Criminal Apprehension Advisory Group consists of the following members:
(1) the commissioner of corrections or designee;
(2) the commissioner of public safety or designee;
(3) the state chief information officer or designee;
(4) three members of the judicial branch appointed by the chief justice of the supreme court;
(5) the commissioner of administration or designee;
(6) the state court administrator or designee;
(7) two members appointed by the Minnesota Sheriffs Association, at least one of whom must be a sheriff;
(8) two members appointed by the Minnesota Chiefs of Police Association, at least one of whom must be a chief of police;
(9) two members appointed by the Minnesota County Attorneys Association, at least one of whom must be a county attorney;
(10) two members appointed by the League of Minnesota Cities representing the interests of city attorneys, at least one of whom must be a city attorney;
(11) two members appointed by the Board of Public Defense, at least one of whom must be a public defender;
(12) two corrections administrators appointed by the Association of Minnesota Counties representing the interests of local corrections, at least one of whom represents a Community Corrections Act county;
(13) two probation officers appointed by the commissioner of corrections in consultation with the president of the Minnesota Association of Community Corrections Act Counties and the president of the Minnesota Association of County Probation Officers;
(14) four public members appointed by the governor representing both metropolitan and greater Minnesota for a term of four years using the process described in section 15.059, one of whom represents the interests of victims, and one of whom represents the private business community who has expertise in integrated information systems and who, for the purposes of meetings of the advisory group, may be compensated pursuant to section 15.059;
(15) two members appointed by the Minnesota Association for Court Management, at least one of whom must be a court administrator;
(16) one member of the house of representatives appointed by the speaker of the house, or an alternate who is also a member of the house of representatives, appointed by the speaker of the house;
(17) one member of the senate appointed by the majority leader, or an alternate who is also a member of the senate, appointed by the majority leader of the senate;
(18) one member appointed by the attorney general;
(19) two members appointed by the League of Minnesota Cities, one of whom works or resides in greater Minnesota and one of whom works or resides in the seven-county metropolitan area, and at least one of whom is an elected official;
(20) two members appointed by the Association of Minnesota Counties, one of whom works or resides in greater Minnesota and one of whom works or resides in the seven-county metropolitan area, and at least one of whom is an elected official; and
(21) the director of the Sentencing Guidelines Commission or a designee.
(b) The chair, first vice-chair, and second vice-chair shall be elected by the advisory group.
(c) The advisory group shall serve as the state advisory group on statewide criminal justice information policy and funding issues. The advisory group shall study and make recommendations to the governor, the supreme court, and the legislature on criminal justice information funding and policy issues such as related data practices, individual privacy rights, and data on race and ethnicity; information-sharing at the local, state, and federal levels; technology education and innovation; the impact of proposed legislation on the criminal justice system related to information systems and business processes; and data and identification standards.
(d) The advisory group shall have the
additional duties of reviewing and advising the bureau superintendent on:
(1) audits, accreditation reports, and
internal reviews of bureau operations;
(2) emerging technologies in
the law enforcement and forensic science fields;
(3) policies and practices that impact
individual privacy interests; and
(4) other programmatic and operational
initiatives of the bureau at the request of the superintendent.
Sec. 23. Minnesota Statutes 2020, section 299C.65, subdivision 3a, is amended to read:
Subd. 3a. Report. The advisory group shall file a biennial report with the governor, supreme court, and chairs and ranking minority members of the senate and house of representatives committees and divisions with jurisdiction over criminal justice funding and policy by January 15 in each odd-numbered year. The report must provide the following:
(1) status and review of current statewide criminal justice information systems;
(2) recommendations concerning any
legislative changes or appropriations that are needed to ensure that the
criminal justice information systems operate accurately and efficiently; and
(3) a summary of the activities of
the advisory group, including any funding and grant requests.; and
(4) a summary of any reviews conducted
by the advisory group of bureau audits, reports, policies, programs, and
procedures and any recommendations provided to the bureau related to the
reviews.
Sec. 24. Minnesota Statutes 2020, section 299F.362, is amended to read:
299F.362
SMOKE DETECTOR ALARM; INSTALLATION; RULES; PENALTY.
Subdivision 1. Definitions. For the purposes of this section, the following definitions shall apply:
(a) "Apartment house" is any building, or portion thereof, which is designed, built, rented, leased, let, or hired out to be occupied, or which is occupied as the home or residence of three or more families living independently of each other and doing their own cooking in the building, and shall include buildings containing three or more flats or apartments.
(b) "Dwelling" is any building, or any portion thereof, which is not an apartment house, lodging house, or a hotel and which contains one or two "dwelling units" which are, or are intended or designed to be, occupied for living purposes.
(c) "Dwelling unit" is a single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation, or a single unit used by one or more persons for sleeping and sanitation pursuant to a work practice or labor agreement.
(d) "Hotel" is any building, or portion thereof, containing six or more guest rooms intended or designed to be used, or which are used, rented, or hired out to be occupied, or which are occupied for sleeping purposes by guests.
(e) "Lodging house" is any building, or portion thereof, containing not more than five guest rooms which are used or are intended to be used for sleeping purposes by guests and where rent is paid in money, goods, labor, or otherwise.
Subd. 2. Rules,
smoke detector alarm location.
The commissioner of public safety shall promulgate rules concerning
the placement of smoke detectors alarms in dwellings, apartment
houses, hotels, and lodging houses. The
rules shall take into account designs of the guest rooms or dwelling units.
Subd. 3. Smoke detector
alarm for any dwelling. Every
dwelling unit within a dwelling must be provided with a smoke detector alarm
meeting the requirements of the State Fire Code. The detector alarm must be
mounted in accordance with the rules regarding smoke detector alarm
location adopted under subdivision 2. When
actuated, the detector alarm must provide an alarm in the
dwelling unit.
Subd. 3a. Smoke detector
alarm for new dwelling. In
construction of a new dwelling, each smoke detector alarm must be
attached to a centralized power source.
Subd. 4. Smoke detector
alarm for apartment, lodging house, or hotel. Every dwelling unit within an apartment
house and every guest room in a lodging house or hotel used for sleeping
purposes must be provided with a smoke detector alarm conforming
to the requirements of the State Fire Code.
In dwelling units, detectors alarms must be mounted in
accordance with the rules regarding smoke detector alarm location
adopted under subdivision 2. When
actuated, the detector alarm must provide an alarm in the
dwelling unit or guest room.
Subd. 5. Maintenance
responsibilities. For all
occupancies covered by this section where the occupant is not the owner of the
dwelling unit or the guest room, the owner is responsible for maintenance of
the smoke detectors alarms.
An owner may file inspection and maintenance reports with the local fire
marshal for establishing evidence of inspection and maintenance of smoke detectors
alarms.
Subd. 5a. Inform
owner; no added liability. The
occupant of a dwelling unit must inform the owner of the dwelling unit of a
nonfunctioning smoke detector alarm within 24 hours of
discovering that the smoke detector alarm in the dwelling unit is
not functioning. If the occupant fails
to inform the owner under this subdivision, the occupant's liability for
damages is not greater than it otherwise would be.
Subd. 6. Penalties. (a) Any person who violates any provision
of this section shall be is subject to the same penalty and the
enforcement mechanism that is provided for violation of the State Fire Code, as
specified in section 299F.011, subdivision 6.
(b) An occupant who willfully disables a
smoke detector alarm or causes it to be nonfunctioning, resulting
in damage or injury to persons or property, is guilty of a misdemeanor.
Subd. 7. Local government preempted. This section prohibits a local unit of government from adopting standards different from those provided in this section.
Subd. 9. Local
government ordinance; installation in single-family residence. Notwithstanding subdivision 7, or other
law, a local governing body may adopt, by ordinance, rules for the installation
of a smoke detector alarm in single-family homes in the city that
are more restrictive than the standards provided by this section. Rules adopted pursuant to this subdivision
may be enforced through a truth-in-housing inspection.
Subd. 10. Public fire safety educator. The position of Minnesota public fire safety educator is established in the Department of Public Safety.
Subd. 11. Insurance claim. No insurer shall deny a claim for loss or damage by fire for failure of a person to comply with this section.
Sec. 25. Minnesota Statutes 2020, section 326.3361, subdivision 2, is amended to read:
Subd. 2. Required contents. The rules adopted by the board must require:
(1) 12 hours of preassignment or on-the-job certified training within the first 21 days of employment, or evidence that the employee has successfully completed equivalent training before the start of employment. Notwithstanding any statute or rule to the contrary, this clause is satisfied if the employee provides a prospective employer with a certificate or a copy of a certificate demonstrating that the employee successfully completed this training prior to employment with a different Minnesota licensee and completed this training within three previous calendar years, or successfully completed this training with a Minnesota licensee while previously employed with a Minnesota licensee. The certificate or a copy of the certificate is the property of the employee who completed the training, regardless of who paid for the training or how training was provided. A current or former licensed employer must provide a copy of a certificate demonstrating the employee's successful completion of training to a current or former employee upon the current or former employee's request. For purposes of sections 181.960 to 181.966, the person who completed the training is entitled to access a copy of the certificate and a current or former employer is obligated to comply with the provisions thereunder;
(2) certification by the board of completion of certified training for a license holder, qualified representative, Minnesota manager, partner, and employee to carry or use a firearm, a weapon other than a firearm, or an immobilizing or restraint technique; and
(3) six hours a year of certified continuing training for all license holders, qualified representatives, Minnesota managers, partners, and employees, and an additional six hours a year for individuals who are armed with firearms or armed with weapons, which must include annual certification of the individual.
An individual may not carry or use a weapon while undergoing on-the-job training under this subdivision.
Sec. 26. Minnesota Statutes 2020, section 340A.304, is amended to read:
340A.304
LICENSE SUSPENSION AND REVOCATION.
The commissioner shall revoke, or suspend
for up to 60 days, a license issued under section 340A.301 or,
340A.302, or 340A.550, or impose a fine of up to $2,000 for each
violation, on a finding that the licensee has violated a state law or rule of
the commissioner relating to the possession, sale, transportation, or
importation of alcoholic beverages. A
license revocation or suspension under this section is a contested case under
sections 14.57 to 14.69 of the Administrative Procedure Act.
EFFECTIVE
DATE. This section is
effective July 1, 2022.
Sec. 27. Minnesota Statutes 2020, section 340A.417, is amended to read:
340A.417
WINE SHIPMENTS INTO MINNESOTA.
(a) Notwithstanding section 297G.07,
subdivision 2, or any provision of this chapter except for section 340A.550,
a winery licensed in a state other than Minnesota, or a winery located in
Minnesota, may ship, for personal use and not for resale, not more than two
12 cases of wine, containing a maximum of nine liters per case, in any calendar
year to any resident of Minnesota age 21 or over. Delivery of a shipment under this section
may not be deemed a sale in this state.
(b) The shipping container of any wine sent under this section must be clearly marked "Alcoholic Beverages: adult signature (over 21 years of age) required."
(c) It is not the intent of this section to impair the distribution of wine through distributors or importing distributors, but only to permit shipments of wine for personal use.
(d) Except for a violation of section
295.75 or chapters 297A and 297G, no criminal penalty may be imposed on a
person for a violation of this section or section 340A.550 other than a
violation described in paragraph (e) or (f).
Whenever it appears to the commissioner that any person has engaged in
any act or practice constituting a violation of this section, or
section 340A.550 and the violation is not within two years of any previous
violation of this section, the commissioner shall issue and cause to be served
upon the person an order requiring the person to cease and desist from
violating this section. The order must
give reasonable notice of the rights of the person to request a hearing and
must state the reason for the entry of the order. Unless otherwise agreed between the parties,
a hearing shall be held not later than seven 20 days after the
request for the hearing is received by the commissioner after which and within
20 days after the receipt of the administrative law judge's report and
subsequent exceptions and argument, the commissioner shall issue an order
vacating the cease and desist order, modifying it, or making it permanent as
the facts require. If no hearing is
requested within 30 days of the service of the order, the order becomes final
and remains in effect until modified or vacated by the commissioner. All hearings shall be conducted in accordance
with the provisions of chapter 14. If
the person to whom a cease and desist order is issued fails to appear at the
hearing after being duly notified, the person shall be deemed in default, and
the proceeding may be determined against the person upon consideration of the
cease and desist order, the allegations of which may be deemed to be true.
(e) Any person who violates this section or section 340A.550 within two years of a violation for which a cease and desist order was issued under paragraph (d), is guilty of a misdemeanor.
(f) Any person who commits a third or subsequent violation of this section or section 340A.550 within any subsequent two-year period is guilty of a gross misdemeanor.
EFFECTIVE
DATE. This section is
effective July 1, 2022.
Sec. 28. [340A.550]
DIRECT SHIPMENTS OF WINE; LICENSING, TAXATION, AND RESTRICTIONS.
Subdivision 1. Definitions. (a) "Direct ship purchaser"
means a person who purchases wine for personal use and not for resale from a
winery located in a state other than Minnesota for delivery to a Minnesota
address.
(b) "Direct ship winery"
means a winery licensed in a state other than Minnesota that manufactures and
makes a retail sale of wine and ships the wine to a direct ship purchaser as
authorized under section 340A.417.
Subd. 2. License
requirements. (a) A direct
ship winery must apply to the commissioner for a direct ship license. The commissioner must not issue a license
under this section unless the applicant:
(1) is a licensed winery in a state
other than Minnesota and provides a copy of its current license in any state in
which it is licensed to manufacture wine;
(2) provides a shipping address list,
including all addresses from which it intends to ship wine;
(3) agrees to comply with the
requirements of subdivision 4; and
(4) consents to the jurisdiction of the
Departments of Public Safety and Revenue, the courts of this state, and any
statute, law, or rule in this state related to the administration or
enforcement of this section, including any provision authorizing the
commissioners of public safety and revenue to audit a direct ship winery for
compliance with this and any related section.
(b) A direct ship winery
obtaining a license under this section must annually renew its license by
January 1 of each year and must inform the commissioner at the time of renewal
of any changes to the information previously provided in paragraph (a).
(c) The application fee for a license
is $50. The fee for a license renewal is
$50. The commissioner must deposit all
fees received under this subdivision in the alcohol enforcement account in the
special revenue fund established under section 299A.706.
Subd. 3. Direct
ship wineries; restrictions. (a)
A direct ship winery may only ship wine from an address provided to the
commissioner as required in subdivision 2, paragraph (a), clause (2), or
through a third-party provider whose name and address the licensee provided to
the commissioner in the licensee's application for a license.
(b) A direct ship winery or its
third-party provider may only ship wine from the direct ship winery's own
production.
Subd. 4. Taxation. A direct ship winery must:
(1) collect and remit the liquor gross
receipts tax as required in section 295.75;
(2) apply for a permit as required in
section 297A.83 and collect and remit the sales and use tax imposed as required
in chapter 297A;
(3) remit the tax as required in
chapter 297G; and
(4) provide a statement to the
commissioner, on a form prescribed by the commissioner, detailing each shipment
of wine made to a resident of this state and any other information required by
the commissioner.
Subd. 5. Private
or nonpublic data; classification and sharing. (a) Data collected, created, or
maintained by the commissioner as required under this section are classified as
private data on individuals or nonpublic data, as defined in section 13.02,
subdivisions 9 and 12.
(b) The commissioner must share data
classified as private or nonpublic under this section with the commissioner of
revenue for purposes of administering section 295.75 and chapters 289A, 297A,
and 297G.
Subd. 6. Enforcement;
penalties. Section 340A.417,
paragraphs (d) to (f), apply to this section.
EFFECTIVE
DATE. This section is
effective July 1, 2022.
Sec. 29. [340A.555]
COMMON CARRIER REGULATIONS FOR DIRECT SHIPMENTS OF WINE.
Subdivision 1. Monthly
report required. Each common
carrier that contracts with a winery under section 340A.417 for delivery of
wine into this state must file with the commissioner a monthly report of known
wine shipments made by the carrier. The
report must be made in a form and manner as prescribed by the commissioner and
must contain:
(1) the name of the common carrier
making the report;
(2) the period of time covered by the
report;
(3) the name and business address of
the consignor;
(4) the name and address of
the consignee;
(5) the weight of the package delivered
to the consignee;
(6) a unique tracking number; and
(7) the date of delivery.
Subd. 2. Record
availability and retention. Upon
written request by the commissioner, any records supporting the report in
subdivision 1 must be made available to the commissioner within 30 days of the
request. Any records containing
information relating to a required report must be retained and preserved for a
period of two years, unless destruction of the records prior to the end of the
two-year period is authorized in writing by the commissioner. All retained records must be open and
available for inspection by the commissioner upon written request. The commissioner must make the required
reports available to any law enforcement agency or regulatory body of any local
government in the state in which the common carrier making the report resides
or does business.
Subd. 3. Penalty. If a common carrier willfully violates
the requirement to report a delivery under this section or violates any rule
related to the administration and enforcement of this section, the commissioner
must notify the common carrier in writing of the violation. The commissioner may impose a fine in an
amount not to exceed $500 for each subsequent violation.
Subd. 4. Exemptions. This section does not apply to common
carriers regulated as provided by United States Code, title 49, section 10101,
et. seq.; or to rail trailer-on-flatcar/container-on-flatcar (TOFC/COFC)
service, as provided by Code of Federal Regulations, title 49, section 1090.1;
or highway TOFC/COFC service provided by a rail carrier, either itself or
jointly with a motor carrier, as part of continuous intermodal freight
transportation, including but not limited to any other TOFC/COFC transportation
as defined under federal law.
Subd. 5. Private
or nonpublic data; classification and sharing. (a) Data collected, created, or
maintained by the commissioner as required under subdivision 1, clauses (4) to
(6), are classified as private data on individuals or nonpublic data, as
defined in section 13.02, subdivisions 9 and 12.
(b) The commissioner must share data
classified as private or nonpublic under this section with the commissioner of
revenue for purposes of administering section 295.75 and chapters 289A, 297A,
and 297G.
EFFECTIVE
DATE. This section is effective
July 1, 2022.
Sec. 30. Minnesota Statutes 2020, section 403.02, is amended by adding a subdivision to read:
Subd. 17d. Public
safety telecommunicator. "Public
safety telecommunicator" means a person who is employed by a primary, secondary,
or Tribal public safety answering point, an emergency medical dispatch service
provider, or both, and serves as an initial first responder to answer incoming
emergency telephone calls or provide for the appropriate emergency response
either directly or through communication with the appropriate public safety
answering point. Public safety
telecommunicator includes persons who supervise public safety telecommunicators. Pursuant to section 403.051, after August 1,
2024, public safety telecommunicators and those who directly manage or
supervise public safety telecommunicators must be certified by the
commissioner.
Sec. 31. [403.051]
PUBLIC SAFETY TELECOMMUNICATORS; CERTIFICATION; TRAINING; CONTINUING EDUCATION.
Subdivision 1. Certification
required. After August 1,
2024, a public safety telecommunicator must be certified by the commissioner to
serve in that role.
Subd. 2. Certification
requirements; rulemaking. (a)
The commissioner of public safety, in coordination with the Statewide Emergency
Communications Board, must adopt rules for certification requirements for
public safety telecommunicators and establish in rule criteria for training,
certification, and continuing education that incorporate the requirements set
forth in paragraph (b).
(b) The commissioner must require that
candidates for public safety telecommunicator certification and recertification
demonstrate, at a minimum, proficiency in the following areas:
(1) public safety telecommunicator
roles and responsibilities;
(2) applicable legal concepts;
(3) interpersonal skills;
(4) emergency communications technology
and information systems;
(5) 911 call processing;
(6) emergency management;
(7) radio communications for the public
safety telecommunicator;
(8) stress management; and
(9) quality performance standards
management.
Subd. 3. Continuing
education. To maintain
certification under this section, a public safety telecommunicator must
complete 48 hours of approved continuing education coursework every two years.
Sec. 32. Minnesota Statutes 2021 Supplement, section 403.11, subdivision 1, is amended to read:
Subdivision 1. Emergency telecommunications service fee; account. (a) Each customer of a wireless or wire‑line switched or packet-based telecommunications service provider connected to the public switched telephone network that furnishes service capable of originating a 911 emergency telephone call is assessed a fee based upon the number of wired or wireless telephone lines, or their equivalent, to cover the costs of ongoing maintenance and related improvements for trunking and central office switching equipment for 911 emergency telecommunications service, to offset administrative and staffing costs of the commissioner related to managing the 911 emergency telecommunications service program, to make distributions provided for in section 403.113, and to offset the costs, including administrative and staffing costs, incurred by the State Patrol Division of the Department of Public Safety in handling 911 emergency calls made from wireless phones.
(b) Money remaining in the 911 emergency
telecommunications service account after all other obligations are paid must
not cancel and is carried forward to subsequent years and may must
be appropriated from time to time to the commissioner to provide
financial assistance to counties for the improvement of local emergency
telecommunications services, including public safety telecommunicator
training, certification, and continuing education.
(c) The fee may not be more than 95 cents a month on or after July 1, 2010, for each customer access line or other basic access service, including trunk equivalents as designated by the Public Utilities Commission for access charge purposes and including wireless telecommunications services. With the approval of the commissioner of management and budget, the commissioner of public safety shall establish the amount of the fee within the limits
specified and inform the companies and carriers of the amount to be collected. When the revenue bonds authorized under section 403.27, subdivision 1, have been fully paid or defeased, the commissioner shall reduce the fee to reflect that debt service on the bonds is no longer needed. The commissioner shall provide companies and carriers a minimum of 45 days' notice of each fee change. The fee must be the same for all customers, except that the fee imposed under this subdivision does not apply to prepaid wireless telecommunications service, which is instead subject to the fee imposed under section 403.161, subdivision 1, paragraph (a).
(d) The fee must be collected by each wireless or wire-line telecommunications service provider subject to the fee. Fees are payable to and must be submitted to the commissioner monthly before the 25th of each month following the month of collection, except that fees may be submitted quarterly if less than $250 a month is due, or annually if less than $25 a month is due. Receipts must be deposited in the state treasury and credited to a 911 emergency telecommunications service account in the special revenue fund. The money in the account may only be used for 911 telecommunications services.
(e) Competitive local exchanges carriers holding certificates of authority from the Public Utilities Commission are eligible to receive payment for recurring 911 services.
Sec. 33. Minnesota Statutes 2021 Supplement, section 609.02, subdivision 16, is amended to read:
Subd. 16. Qualified domestic violence-related offense. "Qualified domestic violence-related offense" includes a violation of or an attempt to violate sections 518B.01, subdivision 14 (violation of domestic abuse order for protection); 609.185 (first-degree murder); 609.19 (second-degree murder); 609.195 (third-degree murder); 609.20 (first-degree manslaughter); 609.205 (second-degree manslaughter); 609.221 (first-degree assault); 609.222 (second‑degree assault); 609.223 (third-degree assault); 609.2231 (fourth-degree assault); 609.224 (fifth-degree assault); 609.2242 (domestic assault); 609.2245 (female genital mutilation); 609.2247 (domestic assault by strangulation); 609.25 (kidnapping); 609.255 (false imprisonment); 609.342 (first-degree criminal sexual conduct); 609.343 (second-degree criminal sexual conduct); 609.344 (third-degree criminal sexual conduct); 609.345 (fourth‑degree criminal sexual conduct); 609.3458 (sexual extortion); 609.377 (malicious punishment of a child); 609.713 (terroristic threats); 609.748, subdivision 6 (violation of harassment restraining order); 609.749 (harassment or stalking); 609.78, subdivision 2 (interference with an emergency call); 617.261 (nonconsensual dissemination of private sexual images); and 629.75 (violation of domestic abuse no contact order); and similar laws of other states, the United States, the District of Columbia, Tribal lands, and United States territories.
EFFECTIVE
DATE. This section is
effective August 1, 2022.
Sec. 34. Minnesota Statutes 2020, section 609.281, subdivision 3, is amended to read:
Subd. 3. Debt
bondage. "Debt bondage" means
the status or condition of a debtor arising from a pledge by the debtor of the
debtor's personal occurs when a person provides labor or services or
those of any kind to pay a real or alleged debt of a the
person under the debtor's control as a security for debt or another,
if the value of those the labor or services as reasonably
assessed is not applied toward the liquidation of the debt or the length and
nature of those the labor or services are not respectively
limited and defined.
EFFECTIVE DATE. This section is effective August 1, 2022, and
applies to crimes committed on or after that date.
Sec. 35. Minnesota Statutes 2020, section 609.281, subdivision 4, is amended to read:
Subd. 4. Forced or coerced labor or services. "Forced or coerced labor or services" means labor or services of any kind that are performed or provided by another person and are obtained or maintained through an actor's:
(1) threat, either implicit or explicit,
scheme, plan, or pattern, or other action or statement intended
to cause a person to believe that, if the person did not perform or provide the
labor or services, that person or another person would suffer bodily
harm or physical restraint; sexual contact, as defined in section
609.341, subdivision 11, paragraph (b); or bodily, psychological, economic, or
reputational harm;
(2) physically restraining
or threatening to physically restrain sexual contact, as defined in
section 609.341, subdivision 11, paragraph (b), with a person;
(3) physical restraint of a person;
(4) infliction of bodily,
psychological, economic, or reputational harm;
(3) (5) abuse or threatened
abuse of the legal process, including the use or threatened use of a law or
legal process, whether administrative, civil, or criminal; or
(4) knowingly destroying, concealing,
removing, confiscating, or possessing (6) destruction, concealment,
removal, confiscation, withholding, or possession of any actual or
purported passport or other immigration document, or any other actual or
purported government identification document, of another person; or.
(5) use of blackmail.
EFFECTIVE DATE. This section is effective August 1, 2022, and
applies to crimes committed on or after that date.
Sec. 36. Minnesota Statutes 2020, section 609.281, subdivision 5, is amended to read:
Subd. 5. Labor trafficking. "Labor trafficking" means:
(1) the recruitment, transportation,
transfer, harboring, enticement, provision, obtaining, or receipt of a person
by any means, for the purpose in furtherance of:
(i) debt bondage or;
(ii) forced labor or services;
(ii) (iii) slavery or
practices similar to slavery; or
(iii) (iv) the removal of
organs through the use of coercion or intimidation; or
(2) receiving profit or anything of value, knowing or having reason to know it is derived from an act described in clause (1).
EFFECTIVE DATE. This section is effective August 1, 2022, and
applies to crimes committed on or after that date.
Sec. 37. Minnesota Statutes 2020, section 609.282, subdivision 1, is amended to read:
Subdivision 1. Individuals
under age 18 Labor trafficking resulting in death. Whoever knowingly engages in the labor
trafficking of an individual who is under the age of 18 is guilty of a
crime and may be sentenced to imprisonment for not more than 20 25
years or to payment of a fine of not more than $40,000, or both if the labor
trafficking victim dies and the death arose out of and in the course of the
labor trafficking or the labor and services related to the labor trafficking.
EFFECTIVE DATE. This section is effective August 1, 2022, and
applies to crimes committed on or after that date.
Sec. 38. Minnesota Statutes 2020, section 609.282, is amended by adding a subdivision to read:
Subd. 1a. Individuals
under age 18; extended period of time; great bodily harm. Whoever knowingly engages in the labor
trafficking of an individual is guilty of a crime and may be sentenced to
imprisonment for not more than 20 years or to a payment of a fine of not more
than $40,000, or both if any of the following circumstances exist:
(1) the labor trafficking victim is
under the age of 18;
(2) the labor trafficking occurs over
an extended period of time; or
(3) the labor trafficking victim
suffers great bodily harm and the great bodily harm arose out of and in the
course of the labor trafficking or the labor and services related to the labor
trafficking.
EFFECTIVE DATE. This section is effective August 1, 2022, and
applies to crimes committed on or after that date.
Sec. 39. Minnesota Statutes 2020, section 609.87, is amended by adding a subdivision to read:
Subd. 17. Data. "Data" means records or
information in digital form on a computer or in software that can be stored,
transmitted, or processed.
Sec. 40. Minnesota Statutes 2020, section 609.89, subdivision 1, is amended to read:
Subdivision 1. Acts. Whoever does any of the following is guilty of computer theft and may be sentenced as provided in subdivision 2:
(a) intentionally and without
authorization or claim of right accesses or causes to be accessed any computer,
computer system, computer network or any part thereof for the purpose of
obtaining services or property; or
(b) intentionally and without claim of
right, and with intent to deprive the owner of use or possession, takes,
transfers, conceals or retains possession of any computer, computer system, or
any computer software or data contained in a computer, computer system, or
computer network.;
(c) intentionally and without
authorization or claim of right accesses or copies any computer software or
data and uses, alters, transfers, retains, or publishes the software or data;
or
(d) intentionally retains copies of any
computer software or data beyond the individual's authority.
EFFECTIVE DATE. This section is effective August 1, 2022, and
applies to crimes committed on or after that date.
Sec. 41. Minnesota Statutes 2020, section 626.843, subdivision 1, is amended to read:
Subdivision 1. Rules required. (a) The board shall adopt rules with respect to:
(1) the certification of postsecondary schools to provide programs of professional peace officer education;
(2) minimum courses of study and equipment and facilities to be required at each certified school within the state;
(3) minimum qualifications for coordinators and instructors at certified schools offering a program of professional peace officer education located within this state;
(4) minimum standards of physical, mental, and educational fitness which shall govern the admission to professional peace officer education programs and the licensing of peace officers within the state, by any state, county, municipality, or joint or contractual combination thereof, including members of the Minnesota State Patrol;
(5) board-approved continuing education courses that ensure professional competence of peace officers and part‑time peace officers;
(6) minimum standards of conduct which would affect the individual's performance of duties as a peace officer. These standards shall be established and published. The board shall review the minimum standards of conduct described in this clause for possible modification in 1998 and every three years after that time;
(7) a set of educational learning objectives that must be met within a certified school's professional peace officer education program. These learning objectives must concentrate on the knowledge, skills, and abilities deemed essential for a peace officer. Education in these learning objectives shall be deemed satisfactory for the completion of the minimum basic training requirement;
(8) the establishment and use by any political subdivision or state law enforcement agency that employs persons licensed by the board of procedures for investigation and resolution of allegations of misconduct by persons licensed by the board. The procedures shall be in writing and shall be established on or before October 1, 1984;
(9) the issues that must be considered by each political subdivision and state law enforcement agency that employs persons licensed by the board in establishing procedures under section 626.5532 to govern the conduct of peace officers who are in pursuit of a vehicle being operated in violation of section 609.487, and requirements for the training of peace officers in conducting pursuits. The adoption of specific procedures and requirements is within the authority of the political subdivision or agency;
(10) supervision of part-time peace officers and requirements for documentation of hours worked by a part-time peace officer who is on active duty. These rules shall be adopted by December 31, 1993;
(11) citizenship requirements for peace officers and part-time peace officers;
(12) driver's license requirements for peace officers and part-time peace officers; and
(13) such other matters as may be necessary consistent with sections 626.84 to 626.863. Rules promulgated by the attorney general with respect to these matters may be continued in force by resolution of the board if the board finds the rules to be consistent with sections 626.84 to 626.863.
(b) In adopting and enforcing the rules
described under paragraph (a), the board shall prioritize the goal of promoting
public safety. Promoting public safety
includes the promotion of human rights. "Public
safety" means reducing or preventing crime by diverting people away from
the criminal justice system whenever possible, effecting arrest or detention
practices that are the least restrictive necessary to protect the public, and
promoting the rehabilitation of those who engage in criminal activity through
the provision of evidence-based programming and services, while still
maintaining the basic rights, freedoms, and privileges that belong to every
person, including the right to dignity, fairness, equality, respect, and
freedom from discrimination.
Sec. 42. Minnesota Statutes 2020, section 626A.35, is amended by adding a subdivision to read:
Subd. 2b. Exception;
stolen motor vehicles. (a)
The prohibition under subdivision 1 does not apply to the use of a mobile
tracking device on a stolen motor vehicle when:
(1) the consent of the owner of the
vehicle has been obtained; or
(2) the owner of the motor
vehicle has reported to law enforcement that the vehicle is stolen, and the
vehicle is occupied when the tracking device is installed.
(b) Within 24 hours of a tracking device
being attached to a vehicle pursuant to the authority granted in paragraph (a),
clause (2), an officer employed by the agency that attached the tracking device
to the vehicle must remove the device, disable the device, or obtain a search
warrant granting approval to continue to use the device in the investigation.
(c) A peace officer employed by the
agency that attached a tracking device to a stolen motor vehicle must remove
the tracking device if the vehicle is recovered and returned to the owner.
(d) Any tracking device evidence
collected after the motor vehicle is returned to the owner is inadmissible.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 43. Minnesota Statutes 2021 Supplement, 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, 609.342 to 609.345, and 609.3458 may be found or made at any time after the commission of the offense.
(f) Indictments or complaints for violation of sections 609.466 and 609.52, subdivision 2, paragraph (a), clause (3), item (iii), shall be found or made and filed in the proper court within six years after the commission of the offense.
(g) Indictments or complaints for violation of section 609.2335, 609.52, subdivision 2, paragraph (a), 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, or for violation of section 609.527 where the offense involves eight or more direct victims or the total combined loss to the direct and indirect victims 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.
(h) 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.
(i) 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.
(j) Indictments or complaints
for violation of section 609.746 shall be found or made and filed in the proper
court within the later of three years after the commission of the offense or
three years after the offense was reported to law enforcement authorities.
(j) (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.
(k) (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.
(l) (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.
(m) (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, 2022, and
applies to crimes committed on or after that date.
Sec. 44. Minnesota Statutes 2020, section 629.341, subdivision 3, is amended to read:
Subd. 3. Notice of rights. The peace officer shall tell the victim whether a shelter or other services are available in the community and give the victim immediate notice of the legal rights and remedies available. The notice must include furnishing the victim a copy of the following statement:
"IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you can ask the city or county attorney to file a criminal complaint. You also have the right to go to court and file a petition requesting an order for protection from domestic abuse. The order could include the following:
(1) an order restraining the abuser from further acts of abuse;
(2) an order directing the abuser to leave your household;
(3) an order preventing the abuser from entering your residence, school, business, or place of employment;
(4) an order awarding you or the other parent custody of or parenting time with your minor child or children; or
(5) an order directing the abuser to pay support to you and the minor children if the abuser has a legal obligation to do so."
The notice must include the resource
listing, including telephone number, for the area battered women's shelter, to
be designated by the Office of Justice Programs in the Department of Corrections
Public Safety.
Sec. 45. Minnesota Statutes 2020, section 629.341, subdivision 4, is amended to read:
Subd. 4. Report required. Whenever a peace officer investigates an allegation that an incident described in subdivision 1 has occurred, whether or not an arrest is made, the officer shall make a written police report of the alleged incident. The report must contain at least the following information: the name, address and telephone number of the victim, if provided by the victim, a statement as to whether an arrest occurred, the name of the arrested person, and a brief summary of the incident. Data that identify a victim who has made a request under
section 13.82, subdivision 17,
paragraph (d), and that are private data under that subdivision, shall be
private in the report required by this section.
A copy of this report must be provided upon request, at no cost, to the
victim of domestic abuse, the victim's attorney, or organizations designated by
the Office of Justice Programs in the Department of Public Safety or the
commissioner of corrections that are providing services to victims of
domestic abuse. The officer shall submit
the report to the officer's supervisor or other person to whom the employer's
rules or policies require reports of similar allegations of criminal activity
to be made.
Sec. 46. Minnesota Statutes 2020, section 629.72, subdivision 6, is amended to read:
Subd. 6. Notice; release of arrested person. (a) Immediately after issuance of a citation in lieu of continued detention under subdivision 1, or the entry of an order for release under subdivision 2, but before the arrested person is released, the agency having custody of the arrested person or its designee must make a reasonable and good faith effort to inform orally the alleged victim, local law enforcement agencies known to be involved in the case, if different from the agency having custody, and, at the victim's request any local battered women's and domestic abuse programs established under section 611A.32 or sexual assault programs of:
(1) the conditions of release, if any;
(2) the time of release;
(3) the time, date, and place of the next scheduled court appearance of the arrested person and the victim's right to be present at the court appearance; and
(4) if the arrested person is charged with
domestic abuse, the location and telephone number of the area battered
women's shelter as programs that provide services to victims of domestic
abuse designated by the Office of Justice Programs in the Department of
Public Safety.
(b) As soon as practicable after an order for conditional release is entered, the agency having custody of the arrested person or its designee must personally deliver or mail to the alleged victim a copy of the written order and written notice of the information in paragraph (a), clauses (2) and (3).
(c) Data on the victim and the notice provided by the custodial authority are private data on individuals as defined in section 13.02, subdivision 12, and are accessible only to the victim.
Sec. 47. Laws 2021, First Special Session chapter 11, article 2, section 12, is amended to read:
Sec. 12. 299A.477
HOMETOWN HEROES ASSISTANCE PROGRAM.
Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this section.
(b) "Critical illness" means
cardiac disease and cancer as well as other illnesses covered by a policy of
insurance issued by an insurer in compliance with chapter 60A.
(b) (c) "Firefighter"
means a volunteer, paid on-call, part-time, or career firefighter serving a
general population within the boundaries of the state.
(c) (d) "Minnesota
Firefighter Initiative" means a collaborative that is established by major
fire service organizations in Minnesota, is a nonprofit organization, and is
tax exempt under section 501(c)(3) of the Internal Revenue Code.
Subd. 2. Program established. The commissioner of public safety shall award a grant to the Minnesota Firefighter Initiative to administer a hometown heroes assistance program for Minnesota firefighters. The Minnesota Firefighter Initiative shall use the grant funds:
(1) to provide a onetime establish
and fund critical illness coverage that provides monetary support payment
payments to each firefighter who is diagnosed with cancer or heart
disease a critical illness on or after August 1, 2021, and who
applies for the payment. Monetary
support shall be provided according to the requirements in subdivision 3;
(2) to develop a psychotherapy program customized to address emotional trauma experienced by firefighters and to offer all firefighters in the state up to five psychotherapy sessions per year under the customized program, provided by mental health professionals;
(3) to offer coordinate
additional psychotherapy sessions to firefighters who need them;
(4) to develop, annually update, and
annually provide to all firefighters in the state at least two hours of
training on critical illnesses, such as cancer, and heart
disease, and emotional trauma as causes of illness and death for firefighters;
steps and best practices for firefighters to limit the occupational risks of
cancer, heart disease, and emotional trauma; provide evidence-based suicide
prevention strategies; and ways for firefighters to address occupation-related
emotional trauma and promote emotional wellness. The training shall be presented by
firefighters who attend an additional course to prepare them to serve as
trainers; and
(5) for administrative and overhead costs of the Minnesota Firefighter Initiative associated with conducting the activities in clauses (1) to (4).
Subd. 3. Critical
illness monetary support program. (a)
The Minnesota Firefighter Initiative shall establish and administer a critical
illness monetary support program which shall provide a onetime support payment
payments of up to $20,000 to each eligible firefighter diagnosed
with cancer or heart disease. A
firefighter may apply for monetary support from the program, in a form
specified by the Minnesota Firefighter Initiative, if the firefighter has a
current diagnosis of cancer or heart disease or was diagnosed with cancer or
heart disease in the year preceding the firefighter's application. A firefighter who is diagnosed with a
critical illness on or after August 1, 2021, is eligible to apply for benefits
under the monetary support program and has 12 months from the diagnosis to
submit an application. A
firefighter's application for monetary support must include a certification
from the firefighter's health care provider of the firefighter's diagnosis with
cancer or heart disease of an eligible critical illness. The Minnesota Firefighter Initiative shall
establish criteria to guide disbursement of monetary support payments under
this program, and shall scale the amount of monetary support provided to each
firefighter according to the severity of the firefighter's diagnosis.
(b) The commissioner of public safety may
access the accounts of the critical illness monetary support program and may
to conduct periodic audits of the program to ensure that payments are
being made in compliance with this section and disbursement criteria
established by the Minnesota Firefighter Initiative.
Subd. 4. Money from nonstate sources. The commissioner may accept contributions from nonstate sources to supplement state appropriations for the hometown heroes assistance program. Contributions received under this subdivision are appropriated to the commissioner for the grant to the Minnesota Firefighter Initiative for purposes of this section.
Sec. 48. TASK
FORCE ON A COORDINATED APPROACH TO JUVENILE WELLNESS AND JUSTICE.
Subdivision 1. Establishment. The Task Force on a Coordinated
Approach to Juvenile Wellness and Justice is established to review the juvenile
justice system in Minnesota, examine approaches taken in other jurisdictions,
and make policy and funding recommendations to the legislature.
Subd. 2. Membership. (a) The task force consists of the
following members:
(1) a district court judge serving as
the presiding judge in a district juvenile court appointed by the governor;
(2) the state public defender or a
designee;
(3) a county attorney appointed by the
Minnesota County Attorneys Association;
(4) the warden of the Minnesota correctional
facility for juveniles in Red Wing or a designee;
(5) a representative from a Tribal
social services agency or a Tribal Council appointed by the Indian Affairs
Council;
(6) a representative from an Ojibwe
Indian Tribe and a representative from a Dakota Indian Tribe appointed by the
Indian Affairs Council;
(7) a probation agent who supervises
juveniles appointed by the Minnesota Association of Community Corrections Act
Counties;
(8) a peace officer, as defined in
Minnesota Statutes, section 626.84, subdivision 1, paragraph (c), appointed by
the governor from a list of three candidates submitted jointly by the Minnesota
Chiefs of Police Association, the Minnesota Sheriffs' Association, and the
Minnesota Police and Peace Officers Association;
(9) a high school principal appointed by
the governor from a list of two candidates submitted jointly by the
commissioner of education and the executive director of Education Minnesota;
(10) a representative from a county
social services agency that has responsibility for public child welfare and
child protection services, appointed by the governor;
(11) an individual who was the victim of
an offense committed by a juvenile, appointed by the governor;
(12) a representative from a
community-driven nonprofit law firm that represents juveniles in delinquency
matters, appointed by the governor;
(13) an individual who is a children's
mental health professional appointed by AspireMN;
(14) an individual who is the family
member of youth impacted by the juvenile justice system; and
(15) ten youths under age 25 with
interest or experience in the juvenile justice, juvenile protection, and foster
care systems.
(b) To the extent possible, the
demographics of the public members identified in paragraph (a), clause (15),
must be inclusive and represent the ethnic and racial diversity of the state,
including gender and sexual orientation, immigrant status, and religious and
linguistic background. At least two of
those public members must be from outside the metropolitan area as defined in
Minnesota Statutes, section 473.121, subdivision 2.
(c) Appointments must be made
no later than September 15, 2022.
(d) Public members identified in
paragraph (a), clause (15), are eligible for compensation and expense reimbursement
consistent with Minnesota Statutes, section 15.059, subdivision 3. All other members shall serve without
compensation.
(e) Members of the task force serve at
the pleasure of the appointing authority or until the task force expires. Vacancies shall be filled by the appointing
authority consistent with the qualifications of the vacating member required by
this subdivision.
Subd. 3. Officers;
meetings. (a) At its first
meeting, the members of the task force shall elect cochairs of the task force,
at least one of whom must be a public member identified in subdivision 2,
paragraph (a), clause (15). The task
force may elect other officers as necessary.
(b) The executive director of the
Office of Justice Programs shall convene the first meeting of the task force no
later than October 15, 2022, and shall provide meeting space and administrative
assistance through the Office of Justice Programs as necessary for the task
force to conduct its work.
(c) The task force shall meet at least
monthly or upon the call of a cochair. The
task force shall meet sufficiently enough to accomplish the tasks identified in
this section. Meetings of the task force
are subject to Minnesota Statutes, chapter 13D.
Subd. 4. Duties. (a) The task force shall, at a
minimum:
(1) review Minnesota's juvenile justice
system;
(2) identify areas of overlap and
conflict between Minnesota's juvenile justice and child protection systems,
including areas of collaboration and coordination, provision of duplicated
services, and any inconsistent expectations placed on juveniles;
(3) review alternative approaches to
juvenile justice in Minnesota counties, Tribal communities, and other states or
jurisdictions;
(4) identify social, emotional, and
developmental factors that contribute to delinquent acts by juveniles;
(5) identify approaches to juvenile
justice that involve the affected juvenile and address any underlying factors
that contribute to delinquent acts by juveniles;
(6) identify approaches to juvenile
justice that hold juvenile offenders accountable to victims and the community
in ways that seek to strengthen the juvenile's connection to the community; and
(7) make recommendations for community
and legislative action to address juvenile justice in Minnesota.
(b) At its discretion, the task force
may examine other related issues consistent with this section.
Subd. 5. Report. By January 15, 2024, the task force
shall submit a report to the chairs and ranking minority members of the
legislative committees and divisions with jurisdiction over public safety
finance and policy, judiciary finance and policy, human services finance and
policy, and education finance and policy.
Subd. 6. Expiration. The task force expires the day after
submitting its final report under subdivision 5.
Sec. 49. EMERGENCY
COMMUNITY SAFETY GRANTS.
Subdivision 1. Definition. "Re-entry program" means
county remote monitoring, county dosage probation programs, county probation
check-in stations, and any program primarily aimed at supporting individuals
with a criminal record, including but not limited to employment programs,
housing programs, and education programs.
Subd. 2. Expedited
disbursement; distribution. (a)
Application materials for grants issued under this section must be prepared and
made available to the public by July 15, 2022.
(b) Applications must be reviewed and
considered by the commissioner as they are received, and the commissioner shall
approve applications when they are determined to meet eligibility requirements
and all applicable grant standards.
(c) Half of the total amount awarded
must be provided to programs that do not involve law enforcement agencies and
are for the purposes identified in subdivision 3, paragraph (c), clauses (1) to
(8).
Subd. 3. Eligible
recipients. (a) A county;
city; town; local law enforcement agency, including a law enforcement agency of
a federally recognized Tribe, as defined in United States Code, title 25,
section 450b(e); or a federally recognized Indian Tribe may apply for emergency
community safety grants to support crime prevention programs.
(b) A county, city, town, or a
federally recognized Indian Tribe may apply as part of a multijurisdictional
collaboration with other counties, cities, towns, or federally recognized Indian
Tribes.
(c) As used in this section,
"crime prevention programs" includes but is not limited to:
(1) re-entry programs;
(2) victim services programs;
(3) homelessness assistance programs;
(4) mobile crisis teams and embedded
social worker programs;
(5) restorative justice programs;
(6) co-responder programs;
(7) juvenile diversion programs;
(8) community violence interruption
programs;
(9) increasing the recruitment of
officers by utilizing advertisements, or bonuses or scholarships for peace
officers who remain continuously employed as peace officers for at least 12
months and have not been subject to disciplinary action in the previous 12
months;
(10) increasing patrols outside of
squad cars, on foot or in transportation options that provide more interaction
between police and community members;
(11) increasing, establishing,
maintaining, or expanding crisis response teams in which social workers or
mental health providers are sent as first responders when calls for service
indicate that an individual is having a mental health crisis;
(12) establishing, maintaining, or
expanding co-responder teams;
(13) purchasing equipment to perform
patrols outside of squad cars on foot or in transportation options that provide
more interaction between police and community members;
(14) hiring additional
non-law-enforcement personnel to conduct functions typically performed by law
enforcement with the intent of freeing up additional law enforcement to perform
patrols or respond to service calls;
(15) increasing recruitment of
additional detectives, investigators, or other individuals with a comparable
rank or designation to investigate homicides, nonfatal shootings, or motor
vehicle theft, including hiring, on a temporary or permanent basis, retired
officers utilizing advertisements, or bonuses or scholarships for peace
officers who remain continuously employed as peace officers for at least 12
months and have not been subject to disciplinary action in the previous 12
months;
(16) increasing recruitment of
additional peace officers to replace officers transferred or promoted to
detective, investigator, or a comparable rank and assigned to investigate
homicides, nonfatal shootings, or motor vehicle theft;
(17) ensuring retention of peace officers
identified as a detective, investigator, or a comparable rank and assigned to
investigate homicides and nonfatal shootings;
(18) acquiring, upgrading, or replacing
investigative or evidence-processing technology or equipment;
(19) hiring additional
evidence-processing personnel;
(20) ensuring that personnel responsible
for evidence processing have sufficient resources and training;
(21) hiring and training personnel to
analyze violent crime, specifically with regards to the use of intelligence information
of criminal networks and the potential for retaliation among gangs or groups,
and the geographic trends among homicides, nonfatal shootings, and carjackings;
(22) ensuring that victim services and
personnel are sufficiently funded, staffed, and trained;
(23) ensuring that victims and family
members of homicides and nonfatal shootings have access to resources,
including:
(i) convenient mental health treatment
and grief counseling;
(ii) funeral and burial expenses;
(iii) relocation expenses;
(iv) emergency shelter;
(v) emergency transportation; and
(vi) lost wage assistance;
(24) developing competitive and
evidence-based programs to improve homicide and nonfatal shooting clearance
rates; or
(25) developing best practices
for improving access to, and acceptance of, victim services, including those
that promote medical and psychological wellness, ongoing counseling, legal
advice, and financial compensation.
Subd. 4. Application
for grants. (a) A crime
prevention program may apply to the commissioner of public safety for a grant
for any of the purposes described in subdivision 3. The application must be on forms and pursuant
to procedures developed by the commissioner.
The application must describe the type or types of intended emergency
assistance, estimate the amount of money required, and include any other
information deemed necessary by the commissioner.
(b) An applicant may not spend in any
fiscal year more than ten percent of the grant awarded for administrative
costs.
(c) Grant recipients may use funds to
partner with or support other programs.
Subd. 5. Reporting
by crime prevention programs required.
The recipient of a grant under this section shall file a report
with the commissioner of public safety by December 15 of each calendar year in
which funds were received or used. Reports
must itemize the expenditures made, indicate the purpose of those expenditures,
and describe the ultimate disposition, if any, of each case. The report must be on forms and pursuant to
procedures developed by the commissioner.
Sec. 50. LOCAL
CO-RESPONDER GRANTS.
Subdivision 1. Expedited
disbursement; distribution. (a)
Application materials for grants issued under this section must be prepared and
made available to the public by August 15.
(b) The commissioner must prioritize
awarding grants to applicants who are not eligible to apply for local community
innovation grants, local community policing grants, or local investigation
grants.
(c) Half of the total amount awarded
must be provided to programs that do not involve law enforcement agencies and
are for the purposes identified in subdivision 3, paragraph (c), clauses (1) to
(8).
Subd. 2. Eligible
recipients. (a) A county;
city; town; local law enforcement agency, including a law enforcement agency of
a federally recognized Tribe, as defined in United States Code, title 25,
section 450b(e); or a federally recognized Indian Tribe may apply for local
co-responder grants for the purposes identified in this subdivision.
(b) A county, city, town, or a federally
recognized Indian Tribe may apply as part of a multijurisdictional
collaboration with other counties, cities, towns, or federally recognized
Indian Tribes.
(c) Qualifying programs must partner
with local law enforcement organizations and must include:
(1) embedded social workers;
(2) mobile crisis teams; or
(3) violence interrupters who work with
law enforcement agencies.
Subd. 3. Application
for grants. (a) A
co-responder program may apply to the commissioner of public safety for a grant
for any of the purposes described in subdivision 3. The application must be on forms and pursuant
to procedures developed by the commissioner.
(b) An applicant may not spend in any
fiscal year more than ten percent of the grant awarded for administrative
costs.
(c) Grant recipients may use funds to
partner with or support other programs.
Subd. 4. Reporting
by co-responder programs required. The
recipient of a grant under this section shall file a report with the
commissioner of public safety by December 15 of each calendar year in which
funds were received or used. Reports
must itemize the expenditures made, indicate the purpose of those expenditures,
and describe the ultimate disposition, if any, of each case. The report must be on forms and pursuant to
procedures developed by the commissioner.
Sec. 51. LOCAL
COMMUNITY INNOVATION GRANTS.
Subdivision 1. Definitions. (a) As used in this section, the
following terms have the meanings given.
(b) "Community violence
interruption" means a program that works with other organizations and
persons in the community to develop community-based responses to violence that
use and adapt critical incident response methods, provide targeted
interventions to prevent the escalation of violence after the occurrence of
serious incidents, and de‑escalate violence with the use of
community-based interventions. The
programs may work with local prosecutorial offices to provide an alternative to
adjudication through a restorative justice model.
(c) "Co-responder teams" means
a partnership between a group or organization that provides mental health or
crisis-intervention services and local units of government or Tribal
governments that:
(1) provides crisis-response teams to de-escalate
volatile situations;
(2) responds to situations involving a
mental health crisis;
(3) promotes community-based efforts
designed to enhance community safety and wellness; or
(4) supports community-based strategies
to interrupt, intervene in, or respond to violence.
(d) "Qualified local government
entity" means a city or town, or a federally recognized Indian Tribe with
a law enforcement agency that reports statistics on crime rates.
(e) "Re-entry program" means
county remote monitoring, county dosage probation programs, county probation
check-in stations, and any program primarily aimed at supporting individuals
with a criminal record, including but not limited to employment programs,
housing programs, and education programs.
(f) "Restorative justice
program" has the meaning given in Minnesota Statutes, section 611A.775,
and includes Native American sentencing circles.
Subd. 2. Expedited
disbursement. (a) Application
materials for grants issued under this section must be prepared and made
available to the public by September 1.
(b) Applications must be received and
reviewed, and successful applicants must be notified of approval, within six
months of an appropriation being made to fund the grants.
Subd. 3. Final
review panel. (a) The Office
of Justice Programs shall establish a final review panel of office staff to
make final decisions on grants awarded under this section.
(b) Staff serving on the final review
panel must represent the office's responsibility for community outreach,
research and analysis, crime victim reparations, crime victim justice,
financial compliance, or grant management.
At a minimum, the final review panel shall include:
(1) three individuals with specialized
knowledge of, or an advanced degree in, criminology, sociology, urban studies,
or social work;
(2) an individual with
professional duties that include research and analysis; and
(3) an individual with professional
duties that include grant compliance or grant management.
(c) If the commissioner rejects or
otherwise does not follow the final review panel's decisions or recommendations
regarding awarding or not awarding a grant, the commissioner shall notify the
chair and ranking minority members of the legislative committees with jurisdiction
over public safety within three business days and must identify the reasons for
the commissioner's decision.
Subd. 4. Eligible
applicants; identification and notice.
(a) The commissioner of public safety shall publish the following
lists by August 1 of each year to determine eligibility for the formula grant:
(1) the qualified local government
entities with at least three recorded violent crimes in the previous fiscal
year and the 20 highest per capita crime rates in the previous fiscal year based
on the Uniform Crime Reports or National Incident Based Reporting System;
(2) the counties with the 20 highest
per capita crime rates in the previous fiscal year based on the Uniform Crime
Reports or National Incident Based Reporting System;
(3) the qualified local government entities that are not included in the list generated pursuant to clause (1) and have experienced at least three recorded violent crimes in the previous fiscal year and the 20 fastest increases in the per capita rate of crime in the previous fiscal year based on the Uniform Crime Reports or National Incident Based Reporting System; and
(4) the counties that are not included
in the list generated pursuant to clause (2) and have experienced the 20
fastest increases in the per capita rate of crime in the previous fiscal year
based on the Uniform Crime Reports or National Incident Based Reporting System.
(b) A county or qualified local
government entity identified in any list produced pursuant to paragraph (a),
clauses (1) to (4), may apply for a grant under this section. A listed county or qualified local government
entity that reports statistics on crime rates may apply as part of a
multijurisdictional collaboration with counties or local government entities
that are not listed provided the portion of programs or services provided
through the grant funding that are performed in the listed county or qualified
local government entity is at least equal to its proportion of the membership
of the multijurisdictional collaboration.
(c) The commissioner of public safety
shall post the lists described in paragraph (a), clauses (1) to (4), on a
publicly facing website and shall work with the League of Minnesota Cities,
Association of Minnesota Counties, the three ethnic councils established under
Minnesota Statutes, section 15.0145, and the Indian Affairs Council established
under Minnesota Statutes, section 3.922, to notify entities that are eligible
to apply for grants under this section.
Subd. 5. Grant
distribution. (a) Half of the
total amount appropriated under this section must be awarded to counties or
qualified local government entities identified in subdivision 4, paragraph (a),
clause (1) or (2).
(b) Half the total amount appropriated
under this section must be awarded to counties or qualified local government
entities identified in subdivision 4, paragraph (a), clause (3) or (4).
Subd. 6. Application
materials. (a) Applicants
must submit an application in the form and manner established by the
commissioner of public safety.
(b) Applicants must describe
the ways in which grant funds will be used to reduce crime in a specific
subsection of the county or qualified local government entity through the
creation or expansion of programs, including but not limited to the following:
(1) re-entry programs;
(2) victim services programs;
(3) homelessness assistance programs;
(4) mobile crisis teams and embedded
social worker programs;
(5) restorative justice programs;
(6) co-responder programs;
(7) juvenile diversion programs;
(8) community violence interruption
programs;
(9) blight elimination programs; or
(10) programs that provide technical
assistance to service providers who are doing work that would promote public
safety.
Subd. 7. Awards. (a) Preference in awarding grants
should be given to applicants whose proposals are based on evidence-based
practices, provide resources to geographic areas that have been historically
underinvested, and incorporate input from community stakeholders.
(b) Grant recipients may use funds to
partner with or support other programs.
(c) Grant funds may not be used to fund
the activities of law enforcement agencies or offset the costs of counties or
qualified local government entities.
(d) Any funds that are not encumbered
or spent six years after being awarded must be returned to the commissioner of
public safety and awarded as part of a local community innovation grant.
Subd. 8. Evaluation. Each grant recipient shall complete a
standardized evaluation established by the Minnesota Statistical Analysis
Center every two years.
Sec. 52. LOCAL
COMMUNITY POLICING GRANTS.
Subdivision 1. Definition. As used in this section,
"qualified local government entity" means a federally recognized
Indian Tribe with a law enforcement agency that reports statistics on crime
rates, or a city or town that has a local law enforcement agency.
Subd. 2. Expedited
disbursement. (a) Application
materials for grants issued under this section must be prepared and made
available to the public by September 1.
(b) Applications must be received and
reviewed, and successful applicants must be notified of approval, within six
months of an appropriation being made to fund the grants.
Subd. 3. Final
review panel. (a) The Office
of Justice Programs shall establish a final review panel of office staff to
make final decisions on grants awarded under this section.
(b) Staff serving on the final review
panel must represent the office's responsibility for community outreach,
research and analysis, crime victim reparations, crime victim justice,
financial compliance, or grant management.
At a minimum, the final review panel shall include:
(1) three individuals with specialized
knowledge of, or an advanced degree in, criminology, sociology, urban studies,
or social work;
(2) an individual with professional
duties that include research and analysis; and
(3) an individual with professional
duties that include grant compliance or grant management.
(c) If the commissioner rejects or
otherwise does not follow the final review panel's decisions or recommendations
regarding awarding or not awarding a grant, the commissioner shall notify the
chair and ranking minority members of the legislative committees with
jurisdiction over public safety within three business days and must identify
the reasons for the commissioner's decision.
Subd. 4. Eligible
applicants; identification and notice.
(a) The commissioner of public safety shall publish the following
lists by August 1 of each year:
(1) the qualified local government
entities that have recorded at least three violent crimes in the previous
fiscal year and have the 20 highest per capita crime rates in the previous
fiscal year based on the Uniform Crime Reports or National Incident Based
Reporting System;
(2) the counties with the 20 highest
per capita crime rates in the previous fiscal year based on the Uniform Crime
Reports or National Incident Based Reporting System;
(3) the qualified local government
entities that are not included in the list generated pursuant to clause (1),
have recorded at least three violent crimes in the previous fiscal year, and
have experienced the 20 fastest increases in the per capita rate of crime in
the previous fiscal year based on the Uniform Crime Reports or National
Incident Based Reporting System; and
(4) the counties that are not included
in the list generated pursuant to clause (2) and have experienced the 20
fastest increases in the per capita rate of crime in the previous fiscal year
based on the Uniform Crime Reports or National Incident Based Reporting System.
(b) A county or qualified local
government entity identified in any list produced pursuant to paragraph (a),
clauses (1) to (4), may apply for a grant under this section. A listed county or qualified local government
entity may apply as part of a multijurisdictional collaboration with counties
and local government entities that are not listed provided the portion of
programs or services provided through the grant funding that are performed in
the listed county or qualified local government entity is at least equal to its
proportion of the membership of the multijurisdictional collaboration.
(c) The commissioner of public safety
shall post the lists described in paragraph (a), clauses (1) to (4), on a
publicly facing website and shall work with the League of Minnesota Cities,
Association of Minnesota Counties, the three ethnic councils established under
Minnesota Statutes, section 15.0145, and the Indian Affairs Council established
under Minnesota Statutes, section 3.922, to notify entities that are eligible
to apply for grants under this section.
Subd. 5. Grant
distribution. (a) Half of the
total amount appropriated under this section must be awarded to counties or
qualified local government entities identified in subdivision 4, paragraph (a),
clause (1) or (2).
(b) Half the total amount appropriated
under this section must be awarded to counties or qualified local government
entities identified in subdivision 4, paragraph (a), clause (3) or (4).
Subd. 6. Application
materials. (a) Applicants
must submit an application in the form and manner established by the
commissioner.
(b) Applicants must describe the ways in
which grant funds will be used to reduce crime by increasing the capacity,
efficiency, and effectiveness of law enforcement community policing efforts
through approaches, including but not limited to the following:
(1) increasing the recruitment of
officers by utilizing advertisements, or bonuses or scholarships for peace officers
who remain continuously employed as a peace officer for at least 12 months and
have not been subject to disciplinary action in the previous 12 months;
(2) increasing patrols outside of squad
cars on foot or in transportation options that provide more interaction between
police and community members;
(3) increasing, establishing,
maintaining, or expanding crisis response teams in which social workers or
mental health providers are sent as first responders when calls for service
indicate that an individual is having a mental health crisis;
(4) establishing, maintaining, or
expanding co-responder teams;
(5) purchasing equipment to perform
patrols outside of squad cars on foot or in transportation options that provide
more interaction between police and community members; or
(6) hiring additional
non-law-enforcement personnel to conduct functions typically performed by law
enforcement with the intent of freeing up additional law enforcement to perform
patrols or respond to service calls.
Subd. 7. Awards. (a) Preference in awarding grants
should be given to applicants whose proposals:
(1) involve community policing
strategies;
(2) include collaboration with
non-law-enforcement entities such as community-based violence prevention
programs, social worker programs, or mental health specialists;
(3) are based on academic studies or
based on evidence-based policing research or findings; or
(4) involve increased law enforcement
accountability or transparency.
(b) Grant recipients may use funds to partner
with or support other programs.
(c) Grant funds may not be used to
offset the costs of law enforcement agencies, counties, or qualified local
government entities.
(d) Any funds that are not encumbered or
spent six years after being awarded must be returned to the commissioner of
public safety and awarded as part of a local community innovation grant.
Subd. 8. Evaluation. Each grant recipient shall complete a
standardized evaluation established by the Minnesota Statistical Analysis
Center every two years.
Sec. 53. LOCAL
INVESTIGATION GRANTS.
Subdivision 1. Definition. As used in this section,
"qualified local government entity" means a federally recognized
Indian Tribe with a law enforcement agency that reports statistics on crime
rates, or a city or town that has a local law enforcement agency.
Subd. 2. Expedited
disbursement. (a) Application
materials for grants issued under this section must be prepared and made
available to the public by September 1.
(b) Applications must be received and
reviewed, and successful applicants must be notified of approval, within six
months of an appropriation being made to fund the grants.
Subd. 3. Final
review panel. (a) The Office
of Justice Programs shall establish a final review panel of office staff to
make final decisions on grants awarded under this section.
(b) Staff serving on the final review
panel must represent the office's responsibility for community outreach,
research and analysis, crime victim reparations, crime victim justice,
financial compliance, or grant management.
At a minimum, the final review panel shall include:
(1) three individuals with specialized
knowledge of, or an advanced degree in, criminology, sociology, urban studies,
or social work;
(2) an individual with professional
duties that include research and analysis; and
(3) an individual with professional
duties that include grant compliance or grant management.
(c) If the commissioner rejects or
otherwise does not follow the final review panel's decisions or recommendations
regarding awarding or not awarding a grant, the commissioner shall notify the
chair and ranking minority members of the legislative committees with
jurisdiction over public safety within three business days and must identify the
reasons for the commissioner's decision.
Subd. 4. Eligible
applicants; identification and notice.
(a) The commissioner of public safety shall publish the following
lists by August 1 of each year:
(1) the qualified local government
entities that have recorded at least three violent crimes in the previous
fiscal year and have the 20 highest per capita crime rates in the previous
fiscal year based on the Uniform Crime Reports or National Incident Based
Reporting System;
(2) the counties with the 20 highest
per capita crime rates in the previous fiscal year based on the Uniform Crime
Reports or National Incident Based Reporting System;
(3) the qualified local government
entities that are not included in the list generated pursuant to clause (1),
have recorded at least three violent crimes in the previous fiscal year, and
have experienced the 20 fastest increases in the per capita rate of crime in
the previous fiscal year based on the Uniform Crime Reports or National
Incident Based Reporting System; and
(4) the counties that are not included
in the list generated pursuant to clause (2) and have experienced the 20
fastest increases in the per capita rate of crime in the previous fiscal year
based on the Uniform Crime Reports or National Incident Based Reporting System.
(b) A county or qualified
local government entity identified in any list produced pursuant to paragraph
(a), clauses (1) to (4), may apply for a grant under this section. A listed county or qualified local government
entity may apply as part of a multijurisdictional collaboration with counties
and local government entities that are not listed provided the portion of
programs or services provided through the grant funding that are performed in
the listed county or qualified local government entity is at least equal to its
proportion of the membership of the multijurisdictional collaboration.
(c) The commissioner of public safety
shall post the lists described in paragraph (a), clauses (1) to (4), on a
publicly facing website and shall work with the League of Minnesota Cities,
Association of Minnesota Counties, the three ethnic councils established under
Minnesota Statutes, section 15.0145, and the Indian Affairs Council established
under Minnesota Statutes, section 3.922, to notify entities that are eligible
to apply for grants under this section.
Subd. 5. Grant
distribution. (a) Half of the
total amount appropriated under this section must be awarded to counties or
qualified local government entities identified in subdivision 4, paragraph (a),
clause (1) or (2).
(b) Half the total amount appropriated
under this section must be awarded to counties or qualified local government
entities identified in subdivision 4, paragraph (a), clause (3) or (4).
Subd. 6. Application
materials. (a) Applicants
must submit an application in the form and manner established by the
commissioner of public safety.
(b) Applicants must describe the ways
in which grant funds will be used to reduce crime by increasing the capacity,
efficiency, and effectiveness of law enforcement investigations through
approaches, including but not limited to the following:
(1) increasing recruitment of
additional detectives, investigators, or other individuals with a comparable
rank or designation to investigate homicides, nonfatal shootings, or motor
vehicle theft, including hiring, on a temporary or permanent basis, retired
officers by utilizing advertisements, or bonuses or scholarships for peace
officers who remain continuously employed as a peace officer for at least 12
months and have not been subject to disciplinary action in the previous 12
months;
(2) increasing recruitment of
additional peace officers to replace officers transferred or promoted to
detective, investigator, or a comparable rank and assigned to investigate homicides,
nonfatal shootings, or motor vehicle theft;
(3) ensuring retention of peace
officers identified as a detective, investigator, or a comparable rank and
assigned to investigate homicides and nonfatal shootings;
(4) acquiring, upgrading, or replacing
investigative or evidence-processing technology or equipment;
(5) hiring additional
evidence-processing personnel;
(6) ensuring that personnel responsible
for evidence processing have sufficient resources and training;
(7) hiring and training personnel to
analyze violent crime, specifically with regards to the use of intelligence
information of criminal networks and the potential for retaliation among gangs
or groups, and the geographic trends among homicides, nonfatal shootings, and carjackings;
(8) ensuring that victim services and
personnel are sufficiently funded, staffed, and trained;
(9) ensuring that victims and
family members of homicides and nonfatal shootings have access to resources,
including:
(i) convenient mental health treatment
and grief counseling;
(ii) assistance for funeral and burial
expenses;
(iii) assistance for relocation
expenses;
(iv) emergency shelter;
(v) emergency transportation; and
(vi) lost wage assistance;
(10) developing competitive and
evidence-based programs to improve homicide and nonfatal shooting clearance
rates; or
(11) developing best practices for
improving access to, and acceptance of, victim services, including those that
promote medical and psychological wellness, ongoing counseling, legal advice,
and financial compensation.
Subd. 7. Awards. (a) Grant recipients may use funds to
partner with or support other programs.
(b) Grant funds may not be used to fund
undercover peace officer work or offset the costs of law enforcement agencies,
counties, or qualified local government entities.
(c) Any funds that are not encumbered or
spent six years after being awarded must be returned to the commissioner of
public safety and awarded as part of a local community innovation grant.
Subd. 8. Evaluation. Each grant recipient shall complete a
standardized evaluation established by the Minnesota Statistical Analysis
Center every two years.
Sec. 54. REPEALER.
Minnesota Statutes 2020, sections
299A.49, subdivision 7; 403.02, subdivision 17c; 609.281, subdivision 2;
609.293, subdivisions 1 and 5; 609.34; and 609.36, are repealed.
EFFECTIVE
DATE. This section is
effective August 1, 2022, and applies to crimes committed on or after that
date.
ARTICLE 3
LAW ENFORCEMENT POLICY
Section 1. Minnesota Statutes 2020, section 214.10, subdivision 10, is amended to read:
Subd. 10. Board
of Peace Officers Standards and Training; receipt of complaint. Notwithstanding the provisions of
subdivision 1 to the contrary, when the executive director or any member of the
Board of Peace Officer Standards and Training produces or receives a written
statement or complaint that alleges a violation of a statute or rule that the
board is empowered to enforce, the executive director shall designate the appropriate
law enforcement agency to investigate the complaint and shall may
order it to conduct an inquiry into the complaint's allegations. The investigating agency must complete the
inquiry and submit a written summary of it to the executive director within 30
days of the order for inquiry.
Sec. 2. Minnesota Statutes 2020, section 541.073, subdivision 2, is amended to read:
Subd. 2. Limitations period. (a) Except as provided in paragraph (b), an action for damages based on sexual abuse: (1) must be commenced within six years of the alleged sexual abuse in the case of alleged sexual abuse of an individual 18 years or older; (2) may be commenced at any time in the case of alleged sexual abuse of an individual under the age of 18, except as provided for in subdivision 4; and (3) must be commenced before the plaintiff is 24 years of age in a claim against a natural person alleged to have sexually abused a minor when that natural person was under 14 years of age.
(b) An action for damages based on
sexual abuse may be commenced at any time in the case of alleged sexual abuse
by a peace officer, as defined in section 626.84, subdivision 1, paragraph (c).
(b) (c) The plaintiff need
not establish which act in a continuous series of sexual abuse acts by the
defendant caused the injury.
(c) (d) This section does not
affect the suspension of the statute of limitations during a period of
disability under section 541.15.
EFFECTIVE
DATE. (a) This section is
effective the day following final enactment.
Except as provided in paragraph (b), this section applies to actions
that were not time-barred before the effective date.
(b) Notwithstanding any other provision of
law, in the case of alleged sexual abuse of an individual by a peace officer,
as defined in Minnesota Statutes, section 626.84, subdivision 1, paragraph (c),
if the action would otherwise be time-barred under a previous version of
Minnesota Statutes, section 541.073, or other time limit, an action for damages
against a peace officer may be commenced no later than five years following the
effective date of this section.
Sec. 3. Minnesota Statutes 2020, section 573.02, subdivision 1, is amended to read:
Subdivision 1. Death action. (a) When death is caused by the wrongful act or omission of any person or corporation, the trustee appointed as provided in subdivision 3 may maintain an action therefor if the decedent might have maintained an action, had the decedent lived, for an injury caused by the wrongful act or omission. An action to recover damages for a death caused by the alleged professional negligence of a physician, surgeon, dentist, hospital or sanitarium, or an employee of a physician, surgeon, dentist, hospital or sanitarium shall be commenced within three years of the date of death, but in no event shall be commenced beyond the time set forth in section 541.076. An action to recover damages for a death caused by an intentional act constituting murder may be commenced at any time after the death of the decedent. An action to recover damages for a death caused by a peace officer, as defined in section 626.84, subdivision 1, paragraph (c), must be commenced within six years after the Bureau of Criminal Apprehension or affected agency receives notice of declination of charges or at the completion of criminal proceedings. Any other action under this section may be commenced within three years after the date of death provided that the action must be commenced within six years after the act or omission. The recovery in the action is the amount the jury deems fair and just in reference to the pecuniary loss resulting from the death, and shall be for the exclusive benefit of the surviving spouse and next of kin, proportionate to the pecuniary loss severally suffered by the death. The court then determines the proportionate pecuniary loss of the persons entitled to the recovery and orders distribution accordingly. Funeral expenses and any demand for the support of the decedent allowed by the court having jurisdiction of the action, are first deducted and paid. Punitive damages may be awarded as provided in section 549.20.
(b) If an action for the injury was commenced by the decedent and not finally determined while living, it may be continued by the trustee for recovery of damages for the exclusive benefit of the surviving spouse and next of kin, proportionate to the pecuniary loss severally suffered by the death. The court on motion shall make an order allowing the continuance and directing pleadings to be made and issues framed as in actions begun under this section.
EFFECTIVE
DATE. (a) This section is
effective the day following final enactment.
Except as provided in paragraph (b), this section applies to actions
that were not time-barred before the effective date.
(b) Notwithstanding any other
provision of law, in the case of a death caused by a peace officer, as defined
in Minnesota Statutes, section 626.84, subdivision 1, paragraph (c), if the
action would otherwise be time-barred under a previous version of Minnesota
Statutes, section 573.02, or other time limit, an action for damages against a
peace officer may be commenced no later than five years following the effective
date of this section.
Sec. 4. Minnesota Statutes 2020, section 626.76, is amended by adding a subdivision to read:
Subd. 2a. Compliance
review officers. (a) Except
as provided for in paragraph (c), when a major public safety event requires a
joint operation involving three or more law enforcement agencies, including at
least one state law enforcement agency, at least one representative from each
state law enforcement agency's internal affairs unit must be temporarily
reassigned as a compliance review officer.
Compliance review officers assigned to a major public safety event must
be present on the scene and perform the following functions:
(1) inspect and inform senior officers
of any policy, regulatory, or state law violations by state law enforcement;
(2) proactively speak with media and the
public to gather information on law enforcement's response to determine
compliance with policy, regulation, and state law when it does not obstruct
police operation or place officers in jeopardy; and
(3) note and report any policy,
regulation, or state law violations by state law enforcement to the proper
authority.
(b) A compliance review officer
assigned to perform the duties under paragraph (a) shall not participate in
subsequent investigations related to that major public safety event except for
as a witness.
(c) The requirement to have compliance
review officers on scene under paragraph (a) does not apply if the presence of
compliance review officers would obstruct law enforcement operations or place
compliance review officers or peace officers in danger.
(d) For purposes of this section,
"major public safety event" means:
(1) an event where more than 50 peace
officers are needed to respond;
(2) an event that is expected to, or
has, a crowd in excess of 200 persons; or
(3) an event that is expected to, or
has, a crowd in excess of 50 persons and a local or statewide state of
emergency is declared.
Sec. 5. Minnesota Statutes 2020, section 626.843, is amended by adding a subdivision to read:
Subd. 1c. Physical
strength and agility examinations. (a)
Beginning on December 1, 2022, physical strength and agility screening
examinations required by law enforcement agencies for applicants must be
scientifically content-validated and job-related. This requirement does not apply to tests of
an applicant's cardiovascular health or general physical fitness to serve as a
peace officer.
(b) The board must enact rules
establishing standards for physical strength and agility examinations required
by law enforcement agencies that comply with the requirements set forth in this
subdivision.
Sec. 6. Minnesota Statutes 2020, section 626.843, is amended by adding a subdivision to read:
Subd. 1d. Rules
governing certain misconduct. No
later than January 1, 2024, the board must adopt rules under chapter 14 that
permit the board to take disciplinary action on a licensee for a violation of a
standard of conduct in Minnesota Rules, chapter 6700, whether or not criminal
charges have been filed and in accordance with the evidentiary standards and
civil processes for boards under chapter 214.
Sec. 7. Minnesota Statutes 2020, section 626.8473, subdivision 3, is amended to read:
Subd. 3. Written policies and procedures required. (a) The chief officer of every state and local law enforcement agency that uses or proposes to use a portable recording system must establish and enforce a written policy governing its use. In developing and adopting the policy, the law enforcement agency must provide for public comment and input as provided in subdivision 2. Use of a portable recording system without adoption of a written policy meeting the requirements of this section is prohibited. The written policy must be posted on the agency's website, if the agency has a website.
(b) At a minimum, the written policy must incorporate and require compliance with the following:
(1) the requirements of section 13.825 and other data classifications, access procedures, retention policies, and data security safeguards that, at a minimum, meet the requirements of chapter 13 and other applicable law. The policy must prohibit altering, erasing, or destroying any recording made with a peace officer's portable recording system or data and metadata related to the recording prior to the expiration of the applicable retention period under section 13.825, subdivision 3, except that the full, unedited, and unredacted recording of a peace officer using deadly force must be maintained indefinitely;
(2) mandate that a portable recording
system be:
(i) worn where it affords an
unobstructed view, and above the mid-line of the waist;
(ii) activated during all contacts with
citizens in the performance of official duties other than community engagement,
to the extent practical without compromising officer safety; and
(iii) activated when the officer
arrives on scene of an incident and remain active until the conclusion of the
officer's duties at the scene of the incident;
(3) mandate that officers assigned a
portable recording system wear and operate the system in compliance with the
agency's policy adopted under this section while performing law enforcement
activities under the command and control of another chief law enforcement
officer or federal law enforcement official;
(4) mandate that, notwithstanding any
law to the contrary, a deceased individual's next of kin, legal representative
of the next of kin, or other parent of the deceased individual's children be
entitled to view any and all recordings from a peace officer's portable
recording system, redacted no more than what is required by law, of an
officer's use of deadly force no later than five business days following an
incident where deadly force used by a peace officer results in the death of an
individual, except that a chief law enforcement officer may deny a request if
the investigating agency requests and can articulate a compelling reason as to
why allowing the deceased individual's next of kin, legal representative of the
next of kin, or other parent of the deceased individual's children to review
the recordings would interfere with a thorough investigation. If the chief law enforcement officer denies a
request under this paragraph,
the involved officer's agency must issue a prompt, written denial and provide
notice to the deceased individual's next of kin, legal representative of the
next of kin, or other parent of the deceased individual's children that relief
may be sought from the district court;
(5) mandate that, notwithstanding any
law to the contrary, an involved officer's agency shall release all body‑worn
camera recordings of an incident where a peace officer used deadly force and an
individual dies to the public no later than 14 business days after the
incident, except that a chief law enforcement officer shall not release the
video if the investigating agency asserts in writing that allowing the public
to view the recordings would interfere with the ongoing investigation;
(6) procedures for testing the portable recording system to ensure adequate functioning;
(3) (7) procedures to address
a system malfunction or failure, including requirements for documentation by
the officer using the system at the time of a malfunction or failure;
(4) (8) circumstances under
which recording is mandatory, prohibited, or at the discretion of the officer
using the system;
(5) (9) circumstances under
which a data subject must be given notice of a recording;
(6) (10) circumstances under
which a recording may be ended while an investigation, response, or incident is
ongoing;
(7) (11) procedures for the
secure storage of portable recording system data and the creation of backup
copies of the data; and
(8) (12) procedures to ensure
compliance and address violations of the policy, which must include, at a
minimum, supervisory or internal audits and reviews, and the employee
discipline standards for unauthorized access to data contained in section
13.09.
(c) The board has authority to inspect
state and local law enforcement agency policies to ensure compliance with this
section. The board may conduct this
inspection based upon a complaint it receives about a particular agency or
through a random selection process. The
board may impose licensing sanctions and seek injunctive relief under section
214.11 for an agency's or licensee's failure to comply with this section.
Sec. 8. Minnesota Statutes 2020, section 626.89, subdivision 17, is amended to read:
Subd. 17. Civilian
review. (a) As used in this
subdivision, the following terms have the meanings given:
(1) "civilian oversight
council" means a civilian review board, commission, or other oversight
body established by a local unit of government to provide civilian oversight of
a law enforcement agency and officers employed by the agency; and
(2) "misconduct" means a
violation of law, standards promulgated by the Peace Officer Standards and
Training Board, or agency policy.
(b) A local unit of government may
establish a civilian review board, commission, or other oversight body
shall not have council and grant the council the authority to make a
finding of fact or determination regarding a complaint against an officer or
impose discipline on an officer. A
civilian review board, commission, or other oversight body may make a
recommendation regarding the merits of a complaint, however, the recommendation
shall be advisory only and shall not be binding on nor limit the authority of
the chief law enforcement officer of any unit of government.
(c) At the conclusion of any
criminal investigation or prosecution, if any, a civilian oversight council may
conduct an investigation into allegations of peace officer misconduct and
retain an investigator to facilitate an investigation. Subject to other applicable law, a council
may subpoena or compel testimony and documents in an investigation. Upon completion of an investigation, a
council may make a finding of misconduct and recommend appropriate discipline
against peace officers employed by the agency.
If the governing body grants a council the authority, the council may
impose discipline on peace officers employed by the agency. A council may submit investigation reports
that contain findings of peace officer misconduct to the chief law enforcement
officer and the Peace Officer Standards and Training Board's complaint
committee. A council may also make
policy recommendations to the chief law enforcement officer and the Peace
Officer Standards and Training Board.
(d) The chief law enforcement officer
of a law enforcement agency under the jurisdiction of a civilian oversight
council shall cooperate with the council and facilitate the council's
achievement of its goals. However, the
officer is under no obligation to agree with individual recommendations of the
council and may oppose a recommendation.
If the officer fails to implement a recommendation that is within the
officer's authority, the officer shall inform the council of the failure along
with the officer's underlying reasons.
(e) Peace officer discipline decisions
imposed pursuant to the authority granted under this subdivision shall be
subject to the applicable grievance procedure established or agreed to under
chapter 179A.
(f) Data collected, created, received,
maintained, or disseminated by a civilian oversight council related to an
investigation of a peace officer are personnel data as defined under section
13.43, subdivision 1, and are governed by that section.
Sec. 9. Minnesota Statutes 2020, section 626.93, is amended by adding a subdivision to read:
Subd. 8. Exception;
Leech Lake Band of Ojibwe. Notwithstanding
any contrary provision in subdivision 3 or 4, the Leech Lake Band of Ojibwe has
concurrent jurisdictional authority under this section with the local county
sheriff within the geographical boundaries of the band's reservation to enforce
state criminal law if the requirements of subdivision 2 are met, regardless of
whether a cooperative agreement pursuant to subdivision 4 is entered into.
Sec. 10. Laws 2021, First Special Session chapter 11, article 1, section 15, subdivision 3, is amended to read:
Subd. 3. Peace
Officer Training Assistance |
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Philando
Castile Memorial Training Fund $6,000,000 each year is to support and
strengthen law enforcement training and implement best practices. This funding shall be named the
"Philando Castile Memorial Training Fund." These funds may only be used to reimburse
costs related to training courses that qualify for reimbursement under
Minnesota Statutes, sections 626.8469 (training in crisis response, conflict
management, and cultural diversity) and 626.8474 (autism training).
Each sponsor of a training course is required
to include the following in the sponsor's application for approval submitted to
the board: course goals and objectives;
a course outline including at a minimum a timeline and teaching hours for all
courses; instructor qualifications, including skills and concepts such as
crisis intervention, de-escalation, and cultural competency that are relevant
to the course provided; and a plan for learning
assessments of the course and documenting the assessments to the board during review. Upon completion of each course, instructors must submit student evaluations of the instructor's teaching to the sponsor.
The board shall keep records of the applications of all approved and denied courses. All continuing education courses shall be reviewed after the first year. The board must set a timetable for recurring review after the first year. For each review, the sponsor must submit its learning assessments to the board to show that the course is teaching the learning outcomes that were approved by the board.
A list of licensees who successfully complete the course shall be maintained by the sponsor and transmitted to the board following the presentation of the course and the completed student evaluations of the instructors. Evaluations are available to chief law enforcement officers. The board shall establish a data retention schedule for the information collected in this section.
Each year, if funds are available after reimbursing all eligible requests for courses approved by the board under this subdivision, the board may use the funds to reimburse law enforcement agencies for other board-approved law enforcement training courses. The base for this activity is $0 in fiscal year 2026 and thereafter.
Sec. 11. TASK
FORCE ON ALTERNATIVE COURSES TO PEACE OFFICER LICENSURE.
Subdivision 1. Establishment. The Task Force on Alternative Courses
to Peace Officer Licensure is established to increase recruitment of new peace
officers, increase the diversity of the racial makeup and professional
background of licensed peace officers, promote education and training in
community policing models, maintain the high standards of education and
training required for licensure, and make policy and funding recommendations to
the legislature.
Subd. 2. Membership. (a) The task force consists of the
following members:
(1) the chair of the Peace Officer
Standards and Training Board, or a designee;
(2) a member of the Peace Officer
Standards and Training Board representing the general public appointed by the
chair of the Peace Officer Standards and Training Board;
(3) the chief of the State Patrol, or a
designee;
(4) the superintendent of the Bureau of
Criminal Apprehension, or a designee;
(5) the attorney general, or a
designee;
(6) the president of the Minnesota
Chiefs of Police Association, or a designee;
(7) the president of the Minnesota
Sheriffs' Association, or a designee;
(8) a peace officer who is
employed by a law enforcement agency of a federally recognized Tribe, as
defined in United States Code, title 25, section 450b(e), appointed by the
Indian Affairs Council;
(9) the executive director of the
Minnesota Police and Peace Officers Association, or a designee;
(10) a peace officer appointed by the
executive director of the Minnesota Police and Peace Officers Association;
(11) a member of a civilian review
board appointed by the governor;
(12) an attorney who provides legal
advice to victims of police brutality or who advocates for civil liberties
appointed by the governor;
(13) a representative from an organization
that provides direct services to families or communities impacted by police
violence appointed by the governor; and
(14) two representatives from
postsecondary schools certified to provide programs of professional peace
officer education appointed by the governor.
(b) Appointments must be made no later
than August 30, 2022.
(c) Members shall serve without
compensation.
(d) Members of the task force serve at
the pleasure of the appointing authority or until the task force expires. Vacancies shall be filled by the appointing
authority consistent with the qualifications of the vacating member required by
this subdivision.
Subd. 3. Officers;
meetings. (a) The task force
shall elect a chair and vice-chair from among its members. The task force may elect other officers as
necessary.
(b) The chair of the Peace Officer
Standards and Training Board shall convene the first meeting of the task force
no later than September 15, 2022, and shall provide meeting space and
administrative assistance as necessary for the task force to conduct its work.
(c) The task force shall meet at least
monthly or upon the call of the chair. The
task force shall meet sufficiently enough to accomplish the tasks identified in
this section. Meetings of the task force
are subject to Minnesota Statutes, chapter 13D.
Subd. 4. Duties. (a) The task force shall, at a
minimum:
(1) identify barriers to recruiting
peace officers;
(2) develop strategies for recruiting
new peace officers;
(3) develop policies and procedures to
increase the diversity of the racial makeup and professional background of
licensed peace officers;
(4) identify or develop curriculum that
utilizes community policing models;
(5) provide recommendations on how to
create and support an expedited pathway for individuals to become peace
officers; and
(6) assure that any
alternative courses to licensure maintain the high standards of education and
training required for licensure as a peace officer in Minnesota.
(b) At its discretion, the task force
may examine, as necessary, other related issues consistent with this section.
Subd. 5. Report. By January 15, 2024, the task force
must submit a report on its findings and recommendations to the chairs and
ranking minority members of the legislative committees and divisions with
jurisdiction over public safety finance and policy and the Minnesota Sentencing
Guidelines Commission.
Subd. 6. Expiration. The task force expires the day after
submitting its report under subdivision 5.
Sec. 12. TITLE.
Sections 2 and 3 may be known as
"Justin Teigen's Law."
ARTICLE 4
CONTROLLED SUBSTANCE POLICY
Section 1. Minnesota Statutes 2020, section 152.01, subdivision 9a, is amended to read:
Subd. 9a. Mixture. "Mixture" means a preparation,
compound, mixture, or substance containing a controlled substance, regardless
of purity except as provided in subdivision 16; sections 152.021,
subdivision 2, paragraph (b); 152.022, subdivision 2, paragraph (b); and
152.023, subdivision 2, paragraph (b).
EFFECTIVE
DATE. This section is
effective August 1, 2022, and applies to crimes committed on or after that
date.
Sec. 2. Minnesota Statutes 2020, section 152.01, is amended by adding a subdivision to read:
Subd. 9b. Marijuana
flower. "Marijuana flower"
means the flower, leaves, stems, seeds, or plant form of marijuana.
EFFECTIVE
DATE. This section is
effective August 1, 2022.
Sec. 3. Minnesota Statutes 2020, section 152.01, is amended by adding a subdivision to read:
Subd. 9c. Nonflower
marijuana. "Nonflower
marijuana" means the resinous form of marijuana.
EFFECTIVE
DATE. This section is
effective August 1, 2022.
Sec. 4. Minnesota Statutes 2020, section 152.01, subdivision 12a, is amended to read:
Subd. 12a. Park zone. "Park zone" means an area designated as a public park by the federal government, the state, a local unit of government, a park district board, or a park and recreation board in a city of the first class or a federally recognized Indian Tribe. "Park zone" includes the area within 300 feet or one city block, whichever distance is greater, of the park boundary.
EFFECTIVE DATE. This section is effective August 1, 2022, and
applies to crimes committed on or after that date.
Sec. 5. Minnesota Statutes 2020, section 152.01, subdivision 16, is amended to read:
Subd. 16. Small
amount. "Small amount" as
applied to marijuana means: (1) 42.5
grams or less. This provision shall
not apply to the resinous form of marijuana flowers; or (2) eight grams
or less of any nonflower marijuana mixture.
Nonflower marijuana mixtures weighing eight grams or less may not be
considered in determining the 42.5 gram limit in clause (1). The weight of fluid used in a water pipe may
not be considered in determining a small amount except in cases where the
marijuana is mixed with four or more fluid ounces of fluid.
EFFECTIVE DATE. This section is effective August 1, 2022, and
applies to crimes committed on or after that date.
Sec. 6. Minnesota Statutes 2021 Supplement, section 152.01, subdivision 18, is amended to read:
Subd. 18. Drug
paraphernalia. (a) Except as
otherwise provided in paragraph (b), "drug paraphernalia" means all
equipment, products, and materials of any kind, except those items used in conjunction
with permitted uses of controlled substances, including but not limited to
the permitted uses of marijuana, under this chapter or the Uniform
Controlled Substances Act, which are knowingly or intentionally used primarily
in (1) manufacturing a controlled substance, (2) injecting, ingesting,
inhaling, or otherwise introducing into the human body a controlled substance, (3)
testing the strength, effectiveness, or purity of a controlled substance, or
(4) (3) enhancing the effect of a controlled substance.
(b) "Drug paraphernalia" does
not include the possession, manufacture, delivery, or sale of: (1) hypodermic needles or syringes in
accordance with section 151.40, subdivision 2; or (2) products that detect
the presence of fentanyl or a fentanyl analog in a controlled substance.
Sec. 7. Minnesota Statutes 2020, section 152.021, subdivision 2, is amended to read:
Subd. 2. Possession crimes. (a) A person is guilty of a controlled substance crime in the first degree if:
(1) the person unlawfully possesses one or more mixtures of a total weight of 50 grams or more containing cocaine or methamphetamine;
(2) the person unlawfully possesses one or more mixtures of a total weight of 25 grams or more containing cocaine or methamphetamine and:
(i) the person or an accomplice possesses on their person or within immediate reach, or uses, whether by brandishing, displaying, threatening with, or otherwise employing, a firearm; or
(ii) the offense involves two aggravating factors;
(3) the person unlawfully possesses one or more mixtures of a total weight of 25 grams or more containing heroin;
(4) the person unlawfully possesses one or more mixtures of a total weight of 500 grams or more containing a narcotic drug other than cocaine, heroin, or methamphetamine;
(5) the person unlawfully possesses one or more mixtures of a total weight of 500 grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 500 or more dosage units; or
(6) the person unlawfully possesses one or more mixtures of a total weight of 50 kilograms or more containing marijuana or Tetrahydrocannabinols, or possesses 500 or more marijuana plants.
(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may not be considered in measuring the weight of a marijuana mixture. For other mixtures, the weight of fluid may not be considered except in cases where the mixture contains four or more fluid ounces of fluid.
EFFECTIVE DATE. This section is effective August 1, 2022, and
applies to crimes committed on or after that date.
Sec. 8. Minnesota Statutes 2020, section 152.022, subdivision 2, is amended to read:
Subd. 2. Possession crimes. (a) A person is guilty of controlled substance crime in the second degree if:
(1) the person unlawfully possesses one or more mixtures of a total weight of 25 grams or more containing cocaine or methamphetamine;
(2) the person unlawfully possesses one or more mixtures of a total weight of ten grams or more containing cocaine or methamphetamine and:
(i) the person or an accomplice possesses on their person or within immediate reach, or uses, whether by brandishing, displaying, threatening with, or otherwise employing, a firearm; or
(ii) the offense involves three aggravating factors;
(3) the person unlawfully possesses one or more mixtures of a total weight of six grams or more containing heroin;
(4) the person unlawfully possesses one or more mixtures of a total weight of 50 grams or more containing a narcotic drug other than cocaine, heroin, or methamphetamine;
(5) the person unlawfully possesses one or more mixtures of a total weight of 50 grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 100 or more dosage units; or
(6) the person unlawfully possesses one or more mixtures of a total weight of 25 kilograms or more containing marijuana or Tetrahydrocannabinols, or possesses 100 or more marijuana plants.
(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may not be considered in measuring the weight of a marijuana mixture. For other mixtures, the weight of fluid may not be considered except in cases where the mixture contains four or more fluid ounces of fluid.
EFFECTIVE DATE. This section is effective August 1, 2022, and
applies to crimes committed on or after that date.
Sec. 9. Minnesota Statutes 2020, section 152.023, subdivision 2, is amended to read:
Subd. 2. Possession crimes. (a) A person is guilty of controlled substance crime in the third degree if:
(1) on one or more occasions within a 90-day period the person unlawfully possesses one or more mixtures of a total weight of ten grams or more containing a narcotic drug other than heroin;
(2) on one or more occasions within a 90-day period the person unlawfully possesses one or more mixtures of a total weight of three grams or more containing heroin;
(3) on one or more occasions within a 90-day period the person unlawfully possesses one or more mixtures containing a narcotic drug, it is packaged in dosage units, and equals 50 or more dosage units;
(4) on one or more occasions within a 90-day period the person unlawfully possesses any amount of a schedule I or II narcotic drug or five or more dosage units of lysergic acid diethylamide (LSD), 3,4-methylenedioxy amphetamine, or 3,4-methylenedioxymethamphetamine in a school zone, a park zone, a public housing zone, or a drug treatment facility;
(5) on one or more occasions within a 90-day period the person unlawfully possesses one or more mixtures of a total weight of ten kilograms or more containing marijuana or Tetrahydrocannabinols; or
(6) the person unlawfully possesses one or more mixtures containing methamphetamine or amphetamine in a school zone, a park zone, a public housing zone, or a drug treatment facility.
(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may not be considered in measuring the weight of a marijuana mixture. For other mixtures, the weight of fluid may not be considered except in cases where the mixture contains four or more fluid ounces of fluid.
EFFECTIVE DATE. This section is effective August 1, 2022, and
applies to crimes committed on or after that date.
Sec. 10. Minnesota Statutes 2020, section 152.025, subdivision 4, is amended to read:
Subd. 4. Penalty. (a) A person convicted under the provisions of subdivision 2, clause (1), who has not been previously convicted of a violation of this chapter or a similar offense in anot