Journal Of the House - 23rd -Wednesday, April 23, 2025 - Top of Page 2421

STATE OF MINNESOTA

 

Journal of the House

 

NINETY-FOURTH SESSION - 2025

 

_____________________

 

TWENTY-THIRD LEGISLATIVE DAY

 

Saint Paul, Minnesota, Wednesday, April 23, 2025

 

 

      The House of Representatives convened at 11:00 a.m. and was called to order by Lisa Demuth, Speaker of the House.

 

      Prayer was offered by Pastor David Bjorklund, St. Mark's Lutheran Church, North St. Paul, Minnesota.

 

      The members of the House gave the pledge of allegiance to the flag of the United States of America.

 

      The roll was called and the following members were present:

 


Acomb

Agbaje

Allen

Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Bahner

Bakeberg

Baker

Bennett

Berg

Bierman

Bliss

Burkel

Carroll

Cha

Clardy

Coulter

Curran

Davids

Davis

Dippel

Dotseth

Duran

Elkins

Engen

Falconer

Feist

Finke

Fischer

Fogelman

Franson

Frazier

Frederick

Freiberg

Gander

Gillman

Gomez

Gordon

Gottfried

Greene

Greenman

Hansen, R.

Hanson, J.

Harder

Heintzeman

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hortman

Howard

Hudson

Huot

Hussein

Igo

Jacob

Johnson, P.

Johnson, W.

Jones

Jordan

Joy

Keeler

Klevorn

Knudsen

Koegel

Kotyza-Witthuhn

Kozlowski

Koznick

Kraft

Kresha

Lawrence

Lee, F.

Lee, K.

Liebling

Lillie

Long

Mahamoud

McDonald

Mekeland

Moller

Momanyi-Hiltsley

Mueller

Murphy

Myers

Nadeau

Nash

Nelson

Niska

Noor

Norris

Novotny

O'Driscoll

Olson

Pérez-Vega

Perryman

Pinto

Pursell

Quam

Rarick

Rehm

Rehrauer

Repinski

Reyer

Roach

Robbins

Rymer

Schomacker

Schultz

Schwartz

Scott

Sencer-Mura

Sexton

Skraba

Smith

Stephenson

Stier

Swedzinski

Tabke

Torkelson

Van Binsbergen

Vang

Virnig

Warwas

West

Wiener

Witte

Wolgamott

Xiong

Youakim

Zeleznikar

Spk. Demuth


 

      A quorum was present.

 

      Pursuant to Rule 10.05, relating to Remote House Operations, the Speaker permitted the following member to vote via remote means: Swedzinski.


Journal Of the House - 23rd -Wednesday, April 23, 2025 - Top of Page 2422

       Pursuant to Rule 10.05, relating to Remote House Operations, the DFL Caucus Leader permitted the following member to vote via remote means between the hours of _11:00 a.m. and _6:45 p.m.:  Momanyi-Hiltsley.

 

      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

 

 

Stephenson and Torkelson from the Committee on Ways and Means to which was referred:

 

H. F. No. 1615, A bill for an act relating to cannabis; modifying provisions regarding the sale of cannabinoids derived from hemp; modifying medical cannabis provisions; modifying cannabis business provisions; modifying the limits of delta-9 tetrahydrocannabinol in edible cannabinoid products and lower-potency hemp edibles when intended to be consumed as beverages; amending Minnesota Statutes 2024, sections 151.72, subdivisions 3, 5a; 152.22, subdivisions 4, 7, 10, 13; 152.24; 152.25; 152.26; 152.261; 152.27, subdivisions 2, 7; 152.28, subdivisions 1, 3; 152.29, subdivisions 1, 2, 3a, 4; 152.31; 152.32, subdivision 2; 152.33, subdivisions 1a, 4; 152.35; 152.37; 342.01, subdivisions 9, 34, 47, 48, 50, 71, by adding subdivisions; 342.02, subdivision 3; 342.09, subdivision 2; 342.10; 342.11; 342.12; 342.13; 342.14, subdivisions 1, 3, 6; 342.151, subdivisions 2, 3; 342.17; 342.18, subdivision 2; 342.22, subdivision 3, by adding a subdivision; 342.28, subdivisions 1, 8; 342.29, subdivisions 1, 7; 342.30, subdivision 1; 342.32, subdivisions 1, 4, 5; 342.33, subdivision 1; 342.34, subdivision 5; 342.36, subdivision 6; 342.37, by adding subdivisions; 342.39, subdivision 3; 342.43, subdivisions 1, 2, by adding a subdivision; 342.44, subdivision 1; 342.45, by adding subdivisions; 342.46, subdivisions 1, 3, 4, 5, 6, 7, 9, by adding subdivisions; 342.51, subdivision 2, by adding a subdivision; 342.515, subdivisions 1, 5; 342.52, subdivision 9, by adding a subdivision; 342.57; 342.59, subdivision 2; 342.61, subdivision 4; 342.62, subdivision 2; 342.63, subdivisions 2, 3, 5, 6; 342.65; 342.66, subdivision 6; proposing coding for new law in Minnesota Statutes, chapter 342; repealing Minnesota Statutes 2024, sections 152.22, subdivision 2; 342.151, subdivision 1; 342.36, subdivision 5.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.

 

 

Stephenson and Torkelson from the Committee on Ways and Means to which was referred:

 

H. F. No. 2432, A bill for an act relating to public safety; providing for public safety and corrections policy; establishing Minnesota victims of crime account; modifying certain fees; establishing monetary assessments for certain corporate and individual offender convictions; transferring financial crimes and fraud investigations to the Financial Crimes and Fraud Section in the Bureau of Criminal Apprehension; clarifying Tribal Nation access and use of community services subsidy; providing for reports; transferring funds to the Minnesota victims of crime account; appropriating money for Sentencing Guidelines Commission, public safety, Peace Officer Standards and Training (POST) Board, Private Detective Board, corrections, ombudsperson for corrections, Clemency Review Commission, children, youth, and families, and the Office of Higher Education; amending Minnesota Statutes 2024, sections 13.82, subdivision 1; 43A.17, subdivision 13; 45.0135, subdivisions 2b, 6, 7, 8, 9, by adding a subdivision; 60A.951, subdivision 2; 60A.952, subdivisions 2, 4, 5; 60A.954, subdivision 2; 60A.956; 65B.84; 152.137, subdivisions 1, 2; 244.18, subdivisions 1, 7, 9; 244.19, subdivisions 1c, 1d, 5, 5a; 244.20; 268.19, subdivision 1; 268B.30; 297I.11, subdivision 2; 299A.01, by adding a subdivision; 299C.40, subdivision 1; 299F.47, subdivision 2; 401.03; 401.10, subdivision 1, by adding a subdivision; 401.11, subdivision 1; 401.14; 401.15, subdivision 2; 517.08, subdivisions 1b, 1c; 609.2232; 609.322, subdivision 1; 609.531, subdivision 1; 609.78, subdivision 2c; 626.05, subdivision 2; 626.84, subdivision 1; 626.8516, subdivisions 4, 5, 6; 628.26; Laws 2023, chapter 52, article 2, section 3, subdivision 3; article 11, section 31; proposing coding for new law in Minnesota Statutes, chapters 241; 299A; 299C; 401; 609; repealing Minnesota Statutes 2024, sections 45.0135, subdivisions 2a, 2c, 2d, 2e, 2f, 3, 4, 5; 325E.21, subdivision 2b.


Journal Of the House - 23rd -Wednesday, April 23, 2025 - Top of Page 2423

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

JUDICIARY APPROPRIATIONS

 

      Section 1.  APPROPRIATIONS. 

 

The sums shown in the columns marked "Appropriations" are appropriated to the agencies and for the purposes specified in this article.  The appropriations are from the general fund, or another named fund, and are available for the fiscal years indicated for each purpose.  The figures "2026" and "2027" used in this article mean that the appropriations listed under them are available for the fiscal year ending June 30, 2026, or June 30, 2027, respectively.  "The first year" is fiscal year 2026.  "The second year" is fiscal year 2027.  "The biennium" is fiscal years 2026 and 2027.

 

 

 

 

APPROPRIATIONS

 

 

 

Available for the Year

 

 

 

Ending June 30

 

 

 

2026

2027

 

      Sec. 2.  SUPREME COURT

 

$58,753,000

 

$50,223,000

 

(a) Contingent Account

 

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

 

(b) Digital Accessibility

 

$1,124,000 the first year is to ensure equal access to online court resources.  This appropriation is available until June 30, 2029.

 

(c) Court Cyber Security

 

$3,500,000 the first year is for the judicial branch cyber security program.  This appropriation is available until June 30, 2029.

 

(d) Justice Partner Access

 

$4,000,000 the first year is to improve justice partner access to documents and court information.  This appropriation is available until June 30, 2029.

 

      Sec. 3.  COURT OF APPEALS

 

$15,578,000

 

$15,609,000

 

      Sec. 4.  DISTRICT COURTS

 

$407,318,000

 

$392,528,000


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(a)
Psychological Services

 

$10,634,000 the first year is for the psychological and psychiatric examiner services program, which delivers statutorily mandated psychological examinations for civil commitment, criminal competency, and criminal responsibility evaluations.  This appropriation is available until June 30, 2029.

 

(b) Interpreter Services

 

$2,580,000 the first year is for mandated interpreter services.  This appropriation is available until June 30, 2029.

 

(c) Increased Cost of Jury Program

 

$1,576,000 the first year is for increased costs of jury programs.  This appropriation is available until June 30, 2029.

 

      Sec. 5.  BOARD OF CIVIL LEGAL AID

 

$35,353,000

 

$35,353,000

 

      Sec. 6.  GUARDIAN AD LITEM BOARD

 

$26,607,000

 

$26,625,000

 

Volunteer Guardians ad Litem

 

$229,000 the first year and $247,000 the second year are for supervising volunteer guardians ad litem.

 

      Sec. 7.  TAX COURT

 

$2,306,000

 

$2,307,000

 

      Sec. 8.  UNIFORM LAWS COMMISSION

 

$115,000

 

$115,000

 

      Sec. 9.  BOARD ON JUDICIAL STANDARDS

 

$654,000

 

$655,000

 

(a) Availability of Appropriation

 

If the appropriation for either year is insufficient, the appropriation for the other fiscal year is available.

 

(b) Major Disciplinary Actions

 

$125,000 each year is for special investigative and hearing costs for major disciplinary actions undertaken by the board.  This appropriation does not cancel.  Any unencumbered and unspent balances remain available for these expenditures until June 30, 2029.

 

      Sec. 10.  BOARD OF PUBLIC DEFENSE

 

$167,130,000

 

$167,130,000

 

      Sec. 11.  HUMAN RIGHTS

 

$8,847,000

 

$8,854,000

 

      Sec. 12.  OFFICE OF APPELLATE COUNSEL AND TRAINING

 

$1,361,000

 

 

$1,361,000


Journal Of the House - 23rd -Wednesday, April 23, 2025 - Top of Page 2425

       Sec. 13.  COMPETENCY ATTAINMENT BOARD

 

$10,900,000

 

$11,165,000

 

      Sec. 14.  CANNABIS EXPUNGEMENT BOARD

 

$5,356,000

 

$5,371,000

 

      Sec. 15.  SECRETARY OF STATE

 

$-0-

 

$18,000

 

Personal Information of Judicial Officials

 

$18,000 the second year is to protect personal information of judicial officials contained in real property records pursuant to Minnesota Statutes, section 480.50.  This appropriation is onetime.

 

Sec. 16.  OFFICE OF APPELLATE COUNSEL AND TRAINING; REDUCTION.

 

      The commissioner of management and budget shall reduce the appropriation to the Office of Appellate Counsel and Training for fiscal years 2024 and 2025 in Laws 2023, chapter 52, article 1, section 11, by $2,000,000.

 

      EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 17.  STATE COMPETENCY ATTAINMENT BOARD; REDUCTION.

 

The commissioner of management and budget shall reduce the appropriation to the State Competency Attainment Board for fiscal years 2024 and 2025 in Laws 2023, chapter 52, article 1, as amended by Laws 2023, chapter 73, section 3, by $11,000,000.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 18.  CANNABIS EXPUNGEMENT BOARD; REDUCTION.

 

The commissioner of management and budget shall reduce the appropriation to the Cannabis Expungement Board for fiscal years 2024 and 2025 in Laws 2023, chapter 63, article 9, section 4, by $10,000,000.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 19.  JUSTICE PARTNER ACCESS; FEE.

 

The Minnesota Judicial Branch may charge a fee to private attorneys for improved access to documents and court information and retain any money collected.  The fee may be imposed by rule or policy.

 

ARTICLE 2

PUBLIC SAFETY APPROPRIATIONS

 

Section 1.  APPROPRIATIONS. 

 

The sums shown in the columns marked "Appropriations" are appropriated to the agencies and for the purposes specified in this article.  The appropriations are from the general fund, or another named fund, and are available for the fiscal years indicated for each purpose.  The figures "2026" and "2027" used in this article mean that the appropriations listed under them are available for the fiscal year ending June 30, 2026, or June 30, 2027, respectively.  "The first year" is fiscal year 2026.  "The second year" is fiscal year 2027.  "The biennium" is fiscal years 2026 and 2027.


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APPROPRIATIONS

 

 

 

Available for the Year

 

 

 

Ending June 30

 

 

 

2026

2027

 

      Sec. 2.  SENTENCING GUIDELINES

 

$1,076,000

 

$1,079,000

 

The agency's annual general fund base shall be $1,084,000 beginning in fiscal year 2028.

 

      Sec. 3.  PUBLIC SAFETY

 

 

 

 

 

      Subdivision 1.  Total Appropriation

 

$284,664,000

 

$270,881,000

 

Appropriations by Fund

 

 

2026

 

2027

General

177,693,000

178,007,000

Special Revenue

21,497,000

21,397,000

State Government

 Special Revenue

 

103,000

 

103,000

Environmental

130,000

133,000

Trunk Highway

2,429,000

2,429,000

911 Fund

82,597,000

68,597,000

Workers' Compensation

215,000

215,000

 

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

 

      Subd. 2.  Emergency Management

 

4,814,000

 

4,952,000

 

Appropriations by Fund

 

General

4,684,000

4,819,000

Environmental

130,000

133,000

This program's annual general fund base shall be $5,059,000 beginning in fiscal year 2028.

 

      Subd. 3.  Criminal Apprehension

112,929,000

 

113,086,000

 

Appropriations by Fund

 

General

110,278,000

110,435,000

State Government

 Special Revenue

 

7,000

 

7,000

Trunk Highway

2,429,000

2,429,000

Workers' Compensation

215,000

215,000


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(a)
DWI Lab Analysis; Trunk Highway Fund

 

Notwithstanding Minnesota Statutes, sections 161.045, subdivision 3, and 161.20, subdivision 3, $2,429,000 each year is from the trunk highway fund for staff and operating costs for laboratory analysis related to driving-while-impaired cases.

 

(b) Financial Crimes and Fraud Section

 

$1,810,000 each year from the general fund and $215,000 each year from the workers' compensation fund are for the Financial Crimes and Fraud Section in Minnesota Statutes, section 299C.061, and may not be used for any other purpose.

 

(c) Base Adjustment

 

This program's annual general fund base shall be $110,716,000 beginning in fiscal year 2028.

 

      Subd. 4.  Fire Marshal

 

20,117,000

 

20,017,000

 

Appropriations by Fund

 

General

4,190,000

4,190,000

Special Revenue

15,927,000

15,827,000

 

The special revenue fund appropriation is from the fire safety account in the special revenue fund and is for activities under Minnesota Statutes, section 299F.012.  The base appropriation for this account is $15,927,000 in fiscal year 2028 and $15,827,000 in fiscal year 2029.

 

(a) Hazardous Materials and Emergency Response Teams

 

$2,170,000 the first year and $2,070,000 the second year are from the fire safety account for hazardous materials and emergency response teams.  The base for these purposes is $2,170,000 in the first year of future bienniums and $2,070,000 in the second year of future bienniums.

 

(b) Bomb Squad Reimbursements

 

$250,000 from the fire safety account and $50,000 from the general fund each year are for reimbursements to local governments for bomb squad services.

 

(c) Nonresponsible Party Reimbursements

 

$750,000 each year from the fire safety account is for nonresponsible party hazardous material, Urban Search and Rescue, Minnesota Air Rescue Team, and bomb squad incident reimbursements.  Money appropriated for this purpose is available for one year.


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(d)
Hometown Heroes Assistance Program

 

$4,000,000 each year from the general fund is for grants to the Minnesota Firefighter Initiative to fund the hometown heroes assistance program established in Minnesota Statutes, section 299A.477.

 

(e) Task Force 1

 

$1,425,000 each year from the fire safety account is for the Minnesota Task Force 1.

 

(f) Task Force 2

 

$300,000 each year from the fire safety account is for the Minnesota Task Force 2.

 

(g) Air Rescue

 

$500,000 each year from the fire safety account is for the Minnesota Air Rescue Team.

 

      Subd. 5.  Firefighter Training and Education Board

 

5,500,000

 

5,500,000

 

Appropriations by Fund

 

Special Revenue

5,500,000

5,500,000

 

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

 

(a) Firefighter Training and Education

 

 

 

 

 

$5,500,000 each year from the fire safety account is for firefighter training and education.

 

(b) Unappropriated Revenue

 

 

 

 

 

Any additional unappropriated money collected in fiscal year 2025 is appropriated to the commissioner of public safety for the purposes of Minnesota Statutes, section 299F.012.  The commissioner may transfer appropriations and base amounts between activities in this subdivision.

 

      Subd. 6.  Alcohol and Gambling Enforcement

3,879,000

 

3,896,000

 

Appropriations by Fund

 

General

3,809,000

3,826,000

Special Revenue

70,000

70,000

 

The special revenue fund appropriation is from the lawful gambling regulation account.


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This program's annual general fund base shall be $3,855,000 beginning in fiscal year 2028.

 

      Subd. 7.  Office of Justice Programs

 

53,828,000

 

53,833,000

 

Appropriations by Fund

 

General

53,732,000

53,737,000

State Government

 Special Revenue

 

96,000

 

96,000

 

(a) Prosecutor Training

 

$125,000 each year is for a grant to the Minnesota County Attorneys Association to be used for prosecutorial and law enforcement training, including trial school training and train‑the‑trainer courses.  If any portion of this appropriation is used to fund trial school or training at the Minnesota County Attorneys Association annual conference, the training must contain blocks of instruction on racial disparities in the criminal justice system, collateral consequences to criminal convictions, and trauma-informed responses to victims.  This is a onetime appropriation.

 

By February 15 of each year, the Minnesota County Attorneys Association must provide a report to the chairs, co-chairs, and ranking minority members of the legislative committees and divisions with jurisdiction over public safety policy and finance on the training provided with grant proceeds, including a description of each training and the number of prosecutors and law enforcement officers who received training.

 

(b) Intensive Comprehensive Peace Officer Education and Training Program

 

$2,000,000 each year is to implement the intensive comprehensive peace officer education and training program described in Minnesota Statutes, section 626.8516.  This is a onetime appropriation and is available through June 30, 2029.

 

      Subd. 8.  Emergency Communication Networks

 

83,597,000

 

69,597,000

 

Appropriations by Fund

 

General

1,000,000

1,000,000

911 Fund

82,597,000

68,597,000

 

These appropriations are from the state government special revenue fund for 911 emergency telecommunications services unless otherwise indicated.


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(a)
Public Safety Answering Points

 

 

 

 

 

$28,011,000 each year shall be distributed as provided under Minnesota Statutes, section 403.113, subdivision 2.

 

(b) ARMER State Backbone Operating Costs

 

$10,384,000 each year is transferred to the commissioner of transportation for costs of maintaining and operating the statewide radio system backbone.

 

$14,000,000 the first year is transferred to the commissioner of transportation for costs of maintaining and operating the statewide radio system backbone.  This is a onetime appropriation and is available until June 30, 2029.

 

(c) Statewide Emergency Communications Board

 

$1,000,000 each year is to the Statewide Emergency Communications Board (SECB).  Funds may be used for operating costs; to provide competitive grants to local units of government to fund enhancements to a communication system, technology, or support activity that directly provides the ability to deliver the 911 call between the entry point to the 911 system and the first responder; and to further the strategic goals set forth by the SECB Statewide Communication Interoperability Plan.

 

(d) Statewide Public Safety Radio Communication System Equipment Grants

 

$1,000,000 each year is appropriated from the general fund for grants to local units of government, federally recognized Tribal entities, and state agencies participating in the statewide Allied Radio Matrix for Emergency Response (ARMER) public safety radio communication system established under Minnesota Statutes, section 403.36, subdivision 1e.  The grants must be used to purchase or upgrade portable radios, mobile radios, and related equipment that is interoperable with the ARMER system.  Each local government unit may receive only one grant.  Each grant is contingent upon a match of at least five percent from nonstate funds.  The director of the Department of Public Safety Emergency Communication Networks Division, in consultation with the Statewide Emergency Communications Board, must administer the grant program.  This appropriation is available until June 30, 2028.  This is a onetime appropriation.


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       Sec. 4.  PEACE OFFICER STANDARDS AND TRAINING (POST) BOARD

 

$12,211,000

 

 

$12,219,000

 

(a) Peace Officer Training Reimbursements

 

$2,949,000 each year is for reimbursements to local governments for peace officer training costs.

 

(b) Philando Castile Memorial Training Fund

 

$5,500,000 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 626.8452 (use of force), 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; 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 $2,051,000 in fiscal year 2028 and thereafter.


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(c)
Base Adjustment

 

The total general fund base for the Peace Officer Standards and Training (POST) Board shall be $8,783,000 beginning in fiscal year 2028.

 

      Sec. 5.  PRIVATE DETECTIVE BOARD

 

$691,000

 

$692,000

 

The agency's annual general fund base shall be $694,000 beginning in fiscal year 2028.

 

      Sec. 6.  CORRECTIONS

 

 

 

 

 

      Subdivision 1.  Total Appropriation

 

$810,385,000

 

$816,063,000

 

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

 

      Subd. 2.  Incarceration and Prerelease Services

 

565,460,000

 

569,142,000

 

(a) Prison Rape Elimination Act

 

$500,000 each year is for Prison Rape Elimination Act (PREA) compliance.

 

(b) Incarceration and Prerelease Services Base Budget

 

The base for incarceration and prerelease services is $574,492,000 in fiscal year 2028 and $574,505,000 in fiscal year 2029.

 

      Subd. 3.  Community Supervision and Postrelease Services

 

 

188,855,000

 

 

189,882,000

 

(a) Community Supervision Funding

 

$143,378,000 each year is for community supervision services.  This appropriation shall be distributed according to the community supervision formula in Minnesota Statutes, section 401.10.

 

(b) Tribal Nation Supervision

 

$2,750,000 each year is for Tribal Nations to provide supervision or supportive services pursuant to Minnesota Statutes, section 401.10.


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(c)
Housing Initiatives

 

$1,685,000 each year is for housing initiatives to support stable housing of incarcerated individuals upon release.  Of this amount:

 

(1) $760,000 each year is for housing stabilization prerelease services and program evaluation;

 

(2) $500,000 each year is for rental assistance for incarcerated individuals approaching release, on supervised release, or on probation who are at risk of homelessness;

 

(3) $200,000 each year is for culturally responsive trauma-informed transitional housing; and

 

(4) $225,000 each year is for housing coordination activities.

 

(d) Base Adjustment

 

This program's annual general fund base shall be $191,866,000 beginning in fiscal year 2028.

 

      Subd. 4.  Organizational, Regulatory, and Administrative Services

 

56,070,000

 

 

57,039,000

 

(a) Public Safety Data Infrastructure

 

$4,097,000 each year is for technology modernization and the development of an information-sharing and data-technology infrastructure.  Any unspent funds from the current biennium do not cancel and are available in the next biennium. 

 

(b) Base Adjustment

 

This program's annual general fund base shall be $59,114,000 beginning in fiscal year 2028.

 

      Sec. 7.  OMBUDSPERSON FOR CORRECTIONS

 

$1,103,000

 

$1,106,000

 

The general fund base shall be $1,111,000 beginning in fiscal year 2028.

 

      Sec. 8.  CLEMENCY REVIEW COMMISSION

 

$988,000

 

$990,000

 

(a) Commission; Outreach

 

$988,000 the first year and $990,000 the second year are for the Clemency Review Commission described in Minnesota Statutes, section 638.09.  Of this amount, $200,000 each year is for grants to support outreach and clemency application assistance.


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(b)
Base Adjustment

 

The general fund base shall be $992,000 in fiscal year 2028 and $993,000 in fiscal year 2029.

 

      Sec. 9.  CHILDREN, YOUTH, AND FAMILIES

 

$21,000

 

$4,000

 

$21,000 the first year and $4,000 the second year are for costs related to child maltreatment reports regarding fentanyl exposure.

 

      Sec. 10.  OFFICE OF HIGHER EDUCATION

 

$500,000

 

$-0-

 

Use of Force Training

 

$500,000 the first year is to provide reimbursement grants to eligible postsecondary schools certified to provide programs of professional peace officer education for providing in-service training programs on the use of force, including deadly force, by peace officers.  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:

 

(1) satisfy the requirements of Minnesota Statutes, section 626.8452, and be approved by the Board of Peace Officer Standards and Training;

 

(2) utilize scenario-based training that simulates real-world situations and involves the use of real firearms that fire nonlethal ammunition;

 

(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 law enforcement agency.

 

An eligible postsecondary school may apply for reimbursement for the costs of offering the training.  Reimbursement shall be made at a rate of $450 for each officer who completes the training.  The postsecondary school must submit the name and peace officer license number of the peace officer who received the training to the Office of Higher Education.


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As used in this section:

 

(1) "law enforcement agency" has the meaning given in Minnesota Statutes, section 626.84, subdivision 1, paragraph (f); and

 

(2) "peace officer" has the meaning given in Minnesota Statutes, section 626.84, subdivision 1, paragraph (c).

 

Sec. 11.  TRANSFER; MINNESOTA VICTIMS OF CRIME ACCOUNT.

 

$8,000,000 each year is transferred from the general fund to the Minnesota victims of crime account in the special revenue fund under Minnesota Statutes, section 299A.708.  This is a onetime transfer.

 

Sec. 12.  COMMERCE; REDUCTION.

 

The commissioner of management and budget must reduce general fund appropriations to the Department of Commerce by $1,115,000 in fiscal years 2026 and 2027 and must reduce the workers' compensation fund appropriations to the Department of Commerce by $215,000 in fiscal years 2026 and 2027 to account for the transfer of Commerce Fraud Bureau employees and responsibilities to the Bureau of Criminal Apprehension.  These reductions are ongoing.

 

Sec. 13.  Laws 2023, chapter 52, article 2, section 3, subdivision 3, is amended to read:

 

      Subd. 3.  Emergency Management

 

7,330,000

 

4,417,000

 

Appropriations by Fund

 

General

7,211,000

4,290,000

Environmental

119,000

127,000

 

(a) Supplemental Nonprofit Security Grants

 

$250,000 each year is for supplemental nonprofit security grants under this paragraph.  This appropriation is onetime.

 

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

 

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


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(b) Emergency Preparedness Staff

 

$550,000 each year is for additional emergency preparedness staff members.

 

(c) Lake Superior Chippewa Tribal Emergency Management Coordinator

 

$145,000 each year is for a grant to the Grand Portage Band of Lake Superior Chippewa to establish and maintain a Tribal emergency management coordinator under Minnesota Statutes, section 12.25.

 

(d) Grand Portage Band of Lake Superior Chippewa Tribe Coast Guard Services

 

$3,000,000 the first year is for a grant to the Grand Portage Band of Lake Superior Chippewa to purchase equipment and fund a position for coast guard services off the north shore of Lake Superior.  This appropriation is available until June 30, 2027.

 

ARTICLE 3

JUDICIARY POLICY

 

Section 1.  [13.891] RESTORATIVE PRACTICE PARTICIPANT DATA.

 

(a) For purposes of this section, "restorative practice participant" has the meaning given in section 595.02, subdivision 1b, paragraph (a), clause (2).

 

(b) Data collected, created, or maintained by a government entity that identifies an individual as a restorative practice participant is private data on individuals but may be disclosed for the purposes described in section 595.02, subdivision 1b, paragraph (b), clauses (1) to (3), or paragraph (c).  This section does not apply to personnel data, as defined in section 13.43, subdivision 1, or to an individual who receives payment to facilitate a restorative practice, as defined in section 142A.76, subdivision 1.

 

Sec. 2.  Minnesota Statutes 2024, section 142A.76, subdivision 8, is amended to read:

 

Subd. 8.  Report.  By February 15 of each year, the director shall report to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over public safety, human services, and education, on the work of the Office of Restorative Practices, any grants issued pursuant to this section, and the status of local restorative practices initiatives in the state that were reviewed in the previous year.  The status report should include information provided by the grantees on their program's impact on recidivism, public safety, and local financial investments in restorative practices.  Grantees must provide this information to the Office of Restorative Practices by November 15 of each year.


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Sec. 3.  Minnesota Statutes 2024, section 260C.419, subdivision 2, is amended to read:

 

Subd. 2.  Statewide Office of Appellate Counsel and Training; establishment.  (a) The Statewide Office of Appellate Counsel and Training is established as an independent state office created as an agency in the executive branch, with powers and duties established by law.  The office shall be responsible for:

 

(1) establishing and maintaining a system for providing appellate representation to parents in juvenile protection matters, as provided in section 260C.163, subdivision 3, paragraph (c), and in Tribal court jurisdictions;

 

(2) providing training to all parent attorneys practicing in the state on topics relevant to their practice and establishing practice standards and training requirements for parent attorneys practicing in the state; and

 

(3) collaborating with the Minnesota Department of Children, Youth, and Families to coordinate and secure federal Title IV-E support for counties and Tribes interested in accessing federal funding.

 

(b) The office shall be governed by a board as provided in subdivision 3.

 

Sec. 4.  Minnesota Statutes 2024, section 260C.419, subdivision 3, is amended to read:

 

Subd. 3.  State Board of Appellate Counsel and Training; structure; membership.  (a) The State Board of Appellate Counsel and Training is established to direct the Statewide Office of Appellate Counsel and Training.  The board shall consist of seven members, including:

 

(1) four public members appointed by the governor; and

 

(2) three members appointed by the supreme court, at least one of whom must have experience representing parents in juvenile court and who include two attorneys admitted to practice law in the state and one public member.

 

(b) The appointing authorities may not appoint any of the following to be a member of the board:

 

(1) a person who is a judge;

 

(2) a person who is a registered lobbyist;

 

(3) a person serving as a guardian ad litem or counsel for a guardian ad litem;

 

(4) a person who serves as counsel for children in juvenile court;

 

(5) a person under contract with or employed by the Department of Children, Youth, and Families or a county department of human or social services; or

 

(6) a current city or county attorney or assistant city or county attorney.

 

(c) All members shall demonstrate an interest in maintaining a high quality, independent appellate defense system for parents in juvenile protection proceedings who are unable to obtain adequate representation, a robust program for parent attorneys in Minnesota, and an efficient coordination effort, in collaboration with the Department of Children, Youth, and Families, to secure and utilize Title IV-E funding.  At least one member of the board appointed by the governor must be a representative from a federally recognized Indian Tribe.  No more than five members of the board may belong to the same political party.  At least three members of the board shall be from judicial districts other than the First, Second, Fourth, and Tenth Judicial Districts.  To the extent practicable, the membership of the board must include persons with disabilities, reflect the ethnic diversity of the state, take into


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consideration race and gender, and include persons from throughout the state.  The members shall be well acquainted with representing parents in district court and appellate proceedings related to child protection matters as well as the law that affects a parent attorney's work, including chapter 260C, the Rules of Juvenile Protection Procedure, the Rules of Civil Appellate Procedure, the Indian Child Welfare Act, and the Minnesota Indian Family Preservation Act.  The terms, compensation, and removal of members shall be as provided in section 15.0575.  The governor shall designate one member to serve as the initial chair.  Upon the expiration of the initial chair's term, board members shall elect a chair from among the membership and the chair shall serve a term of two years.

 

Sec. 5.  Minnesota Statutes 2024, section 260C.419, subdivision 4, is amended to read:

 

Subd. 4.  Head appellate counsel for parents; assistant and contracted attorneys; other employees.  (a) Beginning January 1, 2024, and for every four years after that date, the board shall appoint a head appellate counsel in charge of executing the responsibilities of the office who shall provide for sufficient appellate counsel for parents and other personnel necessary to discharge the functions of the office.  The head appellate counsel shall serve a four‑year term and may be removed only for cause upon the order of the board.  The head appellate counsel shall be a full-time qualified attorney, licensed to practice law in this state, and serve in the unclassified service of the state.  Vacancies of the office shall be filled by the appointing authority for the unexpired term.  The head appellate counsel shall devote full time to the performance of duties and shall not engage in the general practice of law.  The compensation salary of the head appellate counsel shall be set by the board and shall be commensurate with county attorneys in the state according to section 43A.18, subdivision 3.

 

(b) Consistent with the decisions of the board, The head appellate counsel shall employ assistants or hire independent contractors or appoint attorneys to serve as assistant appellate counsel for parents.  Each assistant appellate counsel and independent contractor serves at the pleasure of the head appellate counsel.  The compensation of salary ranges for assistant appellate counsel and independent contractors shall be set by the board and shall be commensurate with county attorneys in the state in consultation with Minnesota Management and Budget.

 

(c) A person serving as appellate counsel shall be a qualified an attorney licensed to practice law in this state.  A person serving as appellate counsel practicing in Tribal court shall be a licensed attorney qualified to practice law in Tribal courts in the state.  Assistant appellate counsel and contracted appellate counsel may engage in the general practice of law where not employed or contracted to provide services on a full-time basis.

 

(d) The head appellate counsel shall, consistent with the responsibilities under subdivision 2, employ or hire the following:

 

(1) one managing appellate attorney;

 

(2) two staff attorneys;

 

(3) one director of training;

 

(4) one program administrator to support Title IV-E reimbursement in collaboration with the Department of Children, Youth, and Families; and

 

(5) one office administrator.

 

(e) Each employee All attorneys identified in paragraph (d) serves serve at the pleasure of the head appellate counsel.  The Other employees shall serve in the classified service.  Compensation of each employee for all employees shall be set by the board and shall be commensurate with county attorneys in the state.  in accordance with the collective bargaining agreements or compensation plans covering the terms and conditions for executive branch employees.


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(f) Any person serving as managing appellate attorney, staff attorney, and director of training shall be a qualified attorney licensed to practice law in the state.

 

(g) A person serving as the program administrator and office administrator must be chosen solely on the basis of training, experience, and qualifications.

 

Sec. 6.  Minnesota Statutes 2024, section 480.243, is amended by adding a subdivision to read:

 

Subd. 3.  Report to legislature.  The State Board of Civil Legal Aid shall report to the chairs and ranking minority members of the legislative committees with jurisdiction over judiciary on data related to the cases and individuals and families serviced by each of the grant recipients providing legal services with funds received pursuant to section 480.242.  The data shall be provided for each individual organization and, when possible, for each geographic region the organization works in, and provided in the aggregate to protect the privacy of the individuals and families served by the organization.  Reports under this section shall be submitted by July 15 each year.

 

Sec. 7.  Minnesota Statutes 2024, section 480.35, is amended by adding a subdivision to read:

 

Subd. 8.  Annual report to the legislature.  By January 15 of each year, the State Guardian ad Litem Board must submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over judiciary finance, in compliance with sections 3.195 and 3.197.  The report must not contain data on individuals but may contain summary data, as those terms are defined in section 13.02.  The report must include the number of:

 

(1) board personnel, including volunteers;

 

(2) children served by guardians ad litem in court cases, including Native American children in Minnesota Indian Family Preservation Act cases and federal Indian Child Welfare Act cases;

 

(3) court reports filed by guardians ad litem;

 

(4) cases assigned;

 

(5) hours worked;

 

(6) complaints regarding a guardian submitted to the board;

 

(7) investigations of complaints performed by the board; and

 

(8) complaints that result in discipline to a guardian ad litem.

 

All information in clauses (1) to (8) must be disaggregated by paid staff and volunteers.

 

Sec. 8.  Minnesota Statutes 2024, section 484.44, is amended to read:

 

484.44 DEPUTY SHERIFF AND COURT ADMINISTRATOR; ST. LOUIS COUNTY.

 

There shall be at all times a chief deputy sheriff of St. Louis County and a chief deputy court administrator of the district court of St. Louis County and such other deputies as may be necessary, resident at the city of Virginia, or the city of Ely, or the city of Hibbing, and their appointment shall be made in the same manner as other deputy sheriffs and deputy clerks of the district court in said county.  The salaries of such deputies shall be fixed and paid in the same manner as other such deputies.  The office of said deputy sheriff at Virginia, Hibbing, and Ely shall not in any


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sense be considered or deemed the office of the sheriff for any purpose except the performance of duties relating solely to proceedings tried or to be tried at said places; but the office of the deputy court administrator at said places shall be equally deemed the office of the court administrator of court for all purposes except the filing of papers in actions or proceedings to be tried at Duluth.  Marriage licenses and naturalization papers may be issued by said deputy court administrator.

 

Sec. 9.  Minnesota Statutes 2024, section 484.51, is amended to read:

 

484.51 PAPERS WHERE FILED; ST. LOUIS COUNTY.

 

After Regardless of the place of trial of any cause is determined, as provided in sections 484.44 to 484.52, all papers, orders and documents pertaining to all causes to be tried at Virginia and filed in court shall be filed and be kept on file at the court administrator's office in the city of Virginia, and all causes to be tried in Hibbing and all papers, orders and documents pertaining thereto shall be filed and be kept on file at the court administrator's office in the city of Hibbing can be filed at any court location in St. Louis County.

 

In all actions tried at the city of Virginia or the city of Hibbing, the court administrator, as soon as final judgment is entered, shall forthwith cause such judgment to be docketed in the court administrator's office at the county seat; and when so docketed the same shall become a lien on real estate and have the same effect as judgments entered in causes tried at the county seat.

 

In all actions tried at the city of Virginia or the city of Hibbing, involving the title of real estate, upon final judgment being entered, all the papers in said cause shall be filed in the court administrator's office at the county seat and the final judgment or decree recorded therein, and a certified copy of all papers in the case shall be made by the court administrator and retained at the court administrator's office in the city of Virginia or in the court administrator's office in the city of Hibbing where the action was originally tried, without additional charge to the parties to said action.

 

Sec. 10.  Minnesota Statutes 2024, section 518.68, subdivision 1, is amended to read:

 

Subdivision 1.  Requirement.  Every court order or judgment and decree under this chapter or chapter 518A that provides for child support, spousal maintenance, custody, or parenting time must contain certain notices as set out in subdivision 2.  The information in the notices must be concisely stated in plain language.  The notices must be and in clearly legible print, but may not exceed two pages.  An order or judgment and decree without the notice remains subject to all statutes.  The court may waive all or part of the notice required under subdivision 2 relating to parental rights under section 518.17, subdivision 3, if it finds it is necessary to protect the welfare of a party or child.

 

Sec. 11.  Minnesota Statutes 2024, section 518B.01, subdivision 2, is amended to read:

 

Subd. 2.  Definitions.  As used in this section, the following terms shall have the meanings given them:

 

(a) "Domestic abuse" means the following, if committed against a family or household member by a family or household member:

 

(1) physical harm, bodily injury, or assault;

 

(2) the infliction of fear of imminent physical harm, bodily injury, or assault; or

 

(3) terroristic threats, within the meaning of section 609.713, subdivision 1; criminal sexual conduct, within the meaning of section 609.342, 609.343, 609.344, 609.345, or 609.3451; sexual extortion within the meaning of section 609.3458; or interference with an emergency call within the meaning of section 609.78, subdivision 2.


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(b) "Family or household members" means:

 

(1) spouses and former spouses;

 

(2) parents and children;

 

(3) persons related by blood;

 

(4) persons who are presently residing together or who have resided together in the past;

 

(5) persons who have a child in common regardless of whether they have been married or have lived together at any time;

 

(6) a man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time; and

 

(7) persons involved in a significant romantic or sexual relationship.

 

Issuance of an order for protection on the ground in clause (6) does not affect a determination of paternity under sections 257.51 to 257.74.  In determining whether persons are or have been involved in a significant romantic or sexual relationship under clause (7), the court shall consider the length of time of the relationship; type of relationship; frequency of interaction between the parties; and, if the relationship has terminated, length of time since the termination.

 

(c) "Qualified domestic violence-related offense" has the meaning given in section 609.02, subdivision 16.

 

(d) "Custodian" means any person other than the petitioner or respondent who is under a legal obligation to provide care and support for a minor child of a petitioner or who is in fact providing care and support for a minor child of a petitioner.  Custodian does not include any person caring for a minor child if the petitioner's parental rights have been terminated.  has:

 

(1) physical or legal custody under section 257.541, subdivision 1, physical or legal custody pursuant to any court order, or physical custody with the consent of a custodial parent; or

 

(2) court-ordered parenting time.

 

Sec. 12.  Minnesota Statutes 2024, section 524.5-420, is amended to read:

 

524.5-420 REPORTS; APPOINTMENT OF VISITOR; MONITORING; COURT ORDERS.

 

(a) A conservator shall report to the court for administration of the estate annually unless the court otherwise directs, upon resignation or removal, upon termination of the conservatorship, and at other times as the court directs.  A copy of the report must be provided to the person subject to conservatorship and to interested persons of record with the court.  An order, after notice and hearing, allowing an intermediate report of a conservator adjudicates liabilities concerning the matters adequately disclosed in the accounting.  An order, after notice and hearing, allowing a final report adjudicates all previously unsettled liabilities relating to the conservatorship.

 

(b) A report must state or contain a listing of the assets of the estate under the conservator's control and a listing of the receipts, disbursements, and distributions during the reporting period.


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(c) The report must also state an address or post office box and a telephone number where the conservator can be contacted.

 

(d) A conservator shall report to the court in writing within 30 days of the occurrence of any of the events listed in this paragraph.  The conservator must report any of the occurrences in this paragraph and follow the same reporting requirements in this paragraph for any employee of the conservator responsible for exercising powers and duties under the conservatorship.  A copy of the report must be provided to the person subject to conservatorship and to interested persons of record with the court.  A conservator shall report when:

 

(1) the conservator is removed for cause from serving as a guardian or conservator, and if so, the case number and court location;

 

(2) the conservator has a professional license from an agency listed under section 524.5-118, subdivision 2a, denied, conditioned, suspended, revoked, or canceled, and if so, the licensing agency and license number, and the basis for denial, condition, suspension, revocation, or cancellation of the license;

 

(3) the conservator is found civilly liable in an action that involves fraud, misrepresentation, material omission, misappropriation, theft, or conversion, and if so, the case number and court location;

 

(4) the conservator files for or receives protection under the bankruptcy laws, and if so, the case number and court location;

 

(5) a civil monetary judgment is entered against the conservator, and if so, the case number, court location, and outstanding amount owed;

 

(6) the conservator is convicted of a crime other than a petty misdemeanor or traffic offense, and if so, the case number and court location; or

 

(7) an order for protection or harassment restraining order is issued against the conservator, and if so, the case number and court location.

 

(e) A person subject to conservatorship or an interested person of record with the court may submit to the court a written statement disputing account statements regarding the administration of the estate or addressing any disciplinary or legal action that is contained in the reports and may petition the court for any order that is in the best interests of the person subject to conservatorship and the estate or for other appropriate relief.

 

(f) An interested person may notify the court in writing that the interested person does not wish to receive copies of reports required under this section after which time neither the court nor any other person is required to give notice to any person who has waived notice.

 

(g) The court may appoint a visitor to review a report or plan, interview the person subject to conservatorship or conservator, and make any other investigation the court directs.  In connection with a report, the court may order a conservator to submit the assets of the estate to an appropriate examination to be made in a manner the court directs.

 

(h) The court shall establish a system for monitoring of conservatorships, including the filing and review of conservators' reports and plans.  If an annual report is not filed within 60 days of the required date, the court shall issue an order to show cause.  Unless otherwise ordered by the court, a report under this section shall be filed publicly.


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(i) If there is no acting guardian, a conservator that becomes aware of the death of the person subject to conservatorship shall notify in writing; orally; or by phone, text message, email, or electronic service, all known interested persons as defined by section 524.5-102, subdivision 7, clauses (iii), (iv), (v), (vi), (ix), and (xi), and the court as soon as is reasonably practical, that the person subject to conservatorship has died.  The conservator may delegate this task under reasonable circumstances.

 

(j) If a conservator fails to comply with this section, the court may decline to appoint that person as a guardian or conservator, or may remove a person as guardian or conservator.

 

Sec. 13.  Minnesota Statutes 2024, section 595.02, is amended by adding a subdivision to read:

 

Subd. 1b.  Inadmissibility; exceptions.  (a) For purposes of this subdivision:

 

(1) "restorative practice" has the meaning given in section 142A.76, subdivision 1; and

 

(2) "restorative practice participant" means a facilitator, a person who has caused harm, a person who has been harmed, a community member, and any other person attending a restorative practice.

 

(b) Statements made or documents offered in the course of a restorative practice are not subject to discovery or admissible as evidence in a civil or criminal proceeding.  This paragraph does not apply:

 

(1) to statements or documents that are the subject of a report made pursuant to section 626.557 or chapter 260E;

 

(2) if a restorative practice participant reasonably believed that disclosure of a statement or document was necessary to prevent reasonably certain death, great bodily harm, or commission of a crime; or

 

(3) if the statement or document constitutes evidence of professional misconduct by a restorative practice participant acting in the capacity of their professional or occupational license.

 

(c) Notwithstanding paragraph (b), if a court orders a person who caused harm to participate in a restorative practice, a person overseeing the restorative practice may disclose information necessary to demonstrate whether the person who caused harm participated as ordered.

 

(d) Evidence that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely because it was discussed or used in a restorative practice.

 

Sec. 14.  Minnesota Statutes 2024, section 611.45, subdivision 3, is amended to read:

 

Subd. 3.  Dismissal of criminal charge.  (a) If the court finds the defendant incompetent, and the charge is a misdemeanor other than a targeted misdemeanor, the charge must be dismissed.

 

(b) In targeted misdemeanor and gross misdemeanor cases, the charges must be dismissed 30 days after the date of the finding of incompetence, unless the prosecutor, before the expiration of the 30-day period, files a written notice of intent to prosecute when the defendant attains competency.  If a notice has been filed and the charge is a targeted misdemeanor, charges must be dismissed within one year after the finding of incompetency.  If a notice has been filed and the charge is a gross misdemeanor, charges must be dismissed within two years after the finding of incompetency.


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(c) In felony cases, except as provided in paragraph (d), the charges must be dismissed three years after the date of the finding of incompetency, unless the prosecutor, before the expiration of the three-year period, files a written notice of intent to prosecute when the defendant attains competency.  If a notice has been filed, charges must be dismissed within five years after the finding of incompetency or ten years if the maximum sentence for the crime with which the defendant is charged is ten years or more.

 

(d) The requirement that felony charges be dismissed under paragraph (c) does not apply if:

 

(1) the court orders continuing supervision or monitoring pursuant to section 611.49; or

 

(2) the defendant is charged with a violation of sections 609.2112 (criminal vehicular homicide); 609.2114, subdivision 1 (criminal vehicular operation, death to an unborn child); 609.2661 (murder of an unborn child in the first degree); 609.2662 (murder of an unborn child in the second degree); 609.2663 (murder of an unborn child in the third degree); 609.2664 (manslaughter of an unborn child in the first degree); or 609.2665 (manslaughter of an unborn child in the second degree); or a crime of violence as defined in section 624.712, subdivision 5, except for a violation of chapter 152.

 

(e) Nothing in this subdivision requires dismissal of any charge if the court finds the defendant competent and enters an order directing that the criminal proceedings shall resume.

 

Sec. 15.  Minnesota Statutes 2024, section 611.46, subdivision 2, is amended to read:

 

Subd. 2.  Supervision Forensic navigator monitoring.  (a) Upon a finding of incompetency, if the defendant is entitled to release, the court must determine whether the defendant requires pretrial supervision.  The court must weigh public safety risks against the defendant's interests in remaining free from supervision while presumed innocent in the criminal proceedings.  The court may use a validated and equitable risk assessment tool to determine whether supervision is necessary.

 

(b) If the court determines that the defendant requires pretrial supervision, the court shall may direct the forensic navigator to conduct pretrial supervision and report violations to the court.  The forensic navigator shall be responsible for the supervision of the defendant until ordered otherwise by the court.  monitor the defendant's compliance or noncompliance with the conditions of release as provided in section 611.55, subdivision 3, paragraph (c).  A forensic navigator may not conduct searches, seize property or persons, or issue sanctions.

 

(c) Upon application by the prosecutor, forensic navigator, other entity or its designee assigned to supervise the defendant, or court services alleging that the defendant violated a condition of release and is a risk to public safety, the court shall follow the procedures under Rules of Criminal Procedure, rule 6.  Any hearing on the alleged violation of release conditions shall be held no more than 15 days after the date of issuance of a summons or within 72 hours if the defendant is apprehended on a warrant.

 

(d) If the court finds a violation, the court may revise the conditions of release and bail as appropriate pursuant to Minnesota Rules of Criminal Procedure and must consider the defendant's need for ongoing access to a competency attainment program or alternative program under this section.

 

(e) The court must review conditions of release and bail on request of any party and may amend the conditions of release or make any other reasonable order upon receipt of information that the pretrial detention of a defendant has interfered with the defendant attaining competency.


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Sec. 16.  Minnesota Statutes 2024, section 611.49, subdivision 2, is amended to read:

 

Subd. 2.  Procedure.  (a) If the court finds that there is a substantial probability that the defendant will attain competency within the reasonably foreseeable future, the court shall find the defendant incompetent and proceed under section 611.46.

 

(b) If the court finds that there is not a substantial probability the defendant will attain competency within the reasonably foreseeable future, the court may not order the defendant to participate in or continue to participate in a competency attainment program in a locked treatment facility.  The court must release the defendant from any custody holds pertaining to the underlying criminal case and require the forensic navigator to develop a bridge plan.

 

(c) If the court finds that there is not a substantial probability the defendant will attain competency within the foreseeable future, the court may issue an order to the designated agency in the county of financial responsibility or the county where the defendant is present to conduct a prepetition screening pursuant to section 253B.07.

 

(d) If the court finds that there is not a substantial probability that the defendant will attain competency within the foreseeable future, the court must dismiss the case unless:

 

(1) the person is charged with a violation of section 609.2112 (criminal vehicular homicide); 609.2114, subdivision 1 (criminal vehicular operation, death to an unborn child); 609.2661 (murder of an unborn child in the first degree); 609.2662 (murder of an unborn child in the second degree); 609.2663 (murder of an unborn child in the third degree); 609.2664 (manslaughter of an unborn child in the first degree); or 609.2665 (manslaughter of an unborn child in the second degree); or a crime of violence as defined in section 624.712, subdivision 5, except for a violation of chapter 152; or

 

(2) there is a showing of a danger to public safety if the matter is dismissed.

 

(e) If the court does not dismiss the charges, the court must order continued supervision or monitoring under subdivision 3.

 

Sec. 17.  Minnesota Statutes 2024, section 611.49, subdivision 3, is amended to read:

 

Subd. 3.  Continued supervision or monitoring.  (a) If the court orders the continued supervision or monitoring of a defendant, any party may request a hearing on the issue of continued supervision or monitoring by filing a notice no more than ten days after the order for continued supervision or monitoring.

 

(b) When continued supervision is ordered, the court must identify the supervisory agency responsible for the supervision of the defendant and may identify a forensic navigator as the responsible entity.  Alternatively, the court may direct the forensic navigator to monitor the defendant's compliance or noncompliance with the conditions of release as provided in section 611.55, subdivision 3, paragraph (c).  A forensic navigator may not conduct searches, seize property or persons, or issue sanctions.

 

(c) Notwithstanding the reporting requirements of section 611.46, subdivision 6, the court examiner must provide an updated report to the court one year after the initial order for continued supervision or monitoring as to the defendant's competency and a description of the efforts made to assist the defendant in attaining competency.  The court shall hold a review hearing within 30 days of receipt of the report.

 

(d) If continued supervision or monitoring is ordered at the review hearing under paragraph (c), the court must set a date for a review hearing no later than two years after the most recent order for continuing supervision or monitoring.  The court must order review of the defendant's status, including an updated competency examination and report by the court examiner.  The court examiner must submit the updated report to the court.  At the review


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hearing, the court must determine if the defendant has attained competency, whether there is a substantial probability that the defendant will attain competency within the foreseeable future, and whether the absence of continuing supervision or monitoring of the defendant is a danger to public safety.  Notwithstanding subdivision 2, paragraph (d), the court may hear any motions to dismiss pursuant to the interest of justice at the review hearing.

 

(e) Continued supervision or monitoring of a defendant in cases where the most serious charge is a targeted misdemeanor or gross misdemeanor is subject to the limitations established in section 611.45, subdivision 3, paragraph (b).

 

(f) The court may not order continued supervision or monitoring of a defendant charged with a felony for more than ten years unless the defendant is charged with a violation of section 609.2112 (criminal vehicular homicide); 609.2114, subdivision 1 (criminal vehicular operation, death to an unborn child); 609.2661 (murder of an unborn child in the first degree); 609.2662 (murder of an unborn child in the second degree); 609.2663 (murder of an unborn child in the third degree); 609.2664 (manslaughter of an unborn child in the first degree); or 609.2665 (manslaughter of an unborn child in the second degree); or a crime of violence as defined in section 624.712, subdivision 5, except for a violation of chapter 152.

 

(g) At any time, the head of the program may discharge the defendant from the program or facility.  The head of the program must notify the court, prosecutor, defense counsel, forensic navigator, and any entity responsible for the supervision of the defendant prior to any planned discharge.  Absent emergency circumstances, this notification shall be made five days prior to the discharge.  If the defendant is discharged from the program or facility under emergency circumstances, notification of emergency discharge shall include a description of the emergency circumstances and may include a request for emergency transportation.  The court shall make a determination on a request for emergency transportation within 24 hours.  Nothing in this section prohibits a law enforcement agency from transporting a defendant pursuant to any other authority.

 

(h) The court may provide, partner, or contract for pretrial supervision services or continued supervision if the defendant is found incompetent and unlikely to attain competency in the foreseeable future.

 

Sec. 18.  Minnesota Statutes 2024, section 611.55, subdivision 3, is amended to read:

 

Subd. 3.  Duties.  (a) Forensic navigators shall assist and supervise monitor defendants when appointed to do so by a court.  Forensic navigators shall be impartial in all legal matters relating to the criminal case.  Nothing shall be construed to permit the forensic navigator to provide legal counsel as a representative of the court, prosecutor, or defense counsel.

 

(b) Forensic navigators shall provide services to assist defendants with mental illnesses and cognitive impairments.  Services may include, but are not limited to:

 

(1) developing bridge plans;

 

(2) assisting defendants in participating in court-ordered examinations and hearings;

 

(3) coordinating timely placement in court-ordered competency attainment programs;

 

(4) providing competency attainment education;

 

(5) reporting to the court on the progress of defendants found incompetent to stand trial;


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(6) providing coordinating services to help defendants access mental health services, medical care, stable housing and housing assistance, financial assistance, social services, transportation, precharge and pretrial diversion, and other necessary services provided by other programs and community service providers;

 

(7) communicating with and offering supportive resources to defendants and family members of defendants; and

 

(8) providing consultation and education to court officials on emerging issues and innovations in serving defendants with mental illnesses in the court system.

 

(c) When ordered to supervise a defendant, a forensic navigator shall report to the court on monitor a defendant's compliance or noncompliance with conditions of pretrial supervision and any order of the court release under section 611.46, subdivision 2, paragraph (b), the forensic navigator shall provide updates to the court on a regular basis or when requested by the court or either party.

 

(d) If a defendant's charges are dismissed, the appointed forensic navigator may continue assertive outreach with the individual for up to 90 days to assist in attaining stability in the community.

 

Sec. 19.  Minnesota Statutes 2024, section 611.56, subdivision 1, is amended to read:

 

Subdivision 1.  Establishment; membership.  (a) The Minnesota Competency Attainment Board is established in the judicial branch.  The board is not subject to the administrative control of the judiciary.  The board shall consist of seven members, including:

 

(1) three members appointed by the supreme court, at least one of whom must be a defense attorney, one a county attorney, and one public member; and

 

(2) four members appointed by the governor, at least one of whom must be a mental health professional with experience in competency attainment.

 

(b) The appointing authorities may not appoint an active judge to be a member of the board, but may appoint a retired judge.

 

(c) All members must demonstrate an interest in maintaining a high quality, independent forensic navigator program and a thorough process for certification of competency attainment programs.  Members shall be familiar with the Minnesota Rules of Criminal Procedure, particularly rule 20; chapter 253B; and sections 611.40 to 611.59.  Following the initial terms of appointment, at least one member appointed by the supreme court must have previous experience working as a forensic navigator.  At least three members of the board shall live outside the First, Second, Fourth, and Tenth Judicial Districts.  The terms, compensation, and removal of members shall be as provided in section 15.0575.  The members shall elect the chair from among the membership for a term of two years.

 

Sec. 20.  Minnesota Statutes 2024, section 611.59, subdivision 1, is amended to read:

 

Subdivision 1.  Availability and certification.  The board must will use available resources to provide or contract for enough competency attainment services to meet the needs of adult defendants in each judicial district who are found incompetent to proceed and do not have access to competency attainment services as a part of any other programming in which they are ordered to participate.  The board, in consultation with the Certification Advisory Committee, shall develop procedures to certify that the standards in this section are met, including procedures for regular recertification of competency attainment programs.  The board shall maintain a list of programs it has certified on the board's website and shall update the list of competency attainment programs at least once every year.


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Sec. 21.  Minnesota Statutes 2024, section 611.59, subdivision 4, is amended to read:

 

Subd. 4.  Program evaluations.  (a) The board state court administrator shall collect prepare and make available to the board the following data:

 

(1) the total number of competency examinations ordered in each judicial district separated by county;

 

(2) the age, race, and number of unique defendants and for whom at least one competency examination was ordered in each judicial district separated by county;

 

(3) the age, race, and number of unique defendants found incompetent at least once in each judicial district separated by county; and

 

(4) all available data on the level of charge and adjudication of cases with a defendant found incompetent and whether a forensic navigator was assigned to the case.

 

(b) By February 15 of each year, the board must report to the legislative committees and divisions with jurisdiction over human services, public safety, and the judiciary on the data collected under this subdivision and may include recommendations for statutory or funding changes related to competency attainment.

 

ARTICLE 4

PUBLIC SAFETY POLICY

 

Section 1.  Minnesota Statutes 2024, section 152.137, subdivision 1, is amended to read:

 

Subdivision 1.  Definitions.  (a) As used in this section, the following terms have the meanings given.

 

(b) "Chemical substance" means a substance intended to be used as a precursor in the manufacture of methamphetamine or any other chemical intended to be used in the manufacture of methamphetamine.

 

(c) "Child" means any person under the age of 18 years.

 

(d) "Fentanyl" has the meaning given in section 152.01, subdivision 25.

 

(d) (e) "Methamphetamine paraphernalia" means all equipment, products, and materials of any kind that are used, intended for use, or designed for use in manufacturing, injecting, ingesting, inhaling, or otherwise introducing methamphetamine into the human body.

 

(e) (f) "Methamphetamine waste products" means substances, chemicals, or items of any kind used in the manufacture of methamphetamine or any part of the manufacturing process, or the by-products or degradates of manufacturing methamphetamine.

 

(f) (g) "Vulnerable adult" has the meaning given in section 609.232, subdivision 11.


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Sec. 2.  Minnesota Statutes 2024, section 152.137, subdivision 2, is amended to read:

 

Subd. 2.  Prohibited conduct.  (a) No person may knowingly engage in any of the following activities in the presence of a child or vulnerable adult; in the residence of a child or a vulnerable adult; in a building, structure, conveyance, or outdoor location where a child or vulnerable adult might reasonably be expected to be present; in a room offered to the public for overnight accommodation; or in any multiple unit residential building:

 

(1) manufacturing or attempting to manufacture methamphetamine;

 

(2) storing any chemical substance;

 

(3) storing any methamphetamine waste products; or

 

(4) storing any methamphetamine paraphernalia.

 

(b) No person may knowingly cause or permit a child or vulnerable adult to inhale, be exposed to, have contact with, or ingest methamphetamine, a chemical substance, or methamphetamine paraphernalia.

 

(c) No person may knowingly cause or permit a child or vulnerable adult to inhale, be exposed to, have contact with, or ingest fentanyl.

 

(d) Paragraphs (b) and (c) do not apply to manufacturers, practitioners, pharmacists, owners of pharmacies, nurses, and other persons when the manufacturer, practitioner, pharmacist, owner of a pharmacy, nurse, or other person is acting in a professional capacity.

 

Sec. 3.  [241.76] OPIATE ANTAGONISTS.

 

(a) The commissioner must maintain a supply of opiate antagonists, as defined in section 604A.04, subdivision 1, at each correctional facility to be administered in compliance with section 151.37, subdivision 12.

 

(b) The commissioner must store an ample number of doses of nasal opiate antagonists throughout each facility so that staff can rapidly respond to opioid overdoses.

 

(c) The commissioner, in consultation with the commissioner of health, shall provide training to employees of the department on recognizing the symptoms of an opiate overdose and how to administer nasal opiate antagonists.

 

Sec. 4.  Minnesota Statutes 2024, section 244.18, subdivision 1, is amended to read:

 

Subdivision 1.  Definitions.  (a) For purposes of this section, the terms defined in this subdivision have the meanings given them.

 

(b) "Correctional fees":

 

(1) effective August 1, 2027 2029, means fees charged or contracted for by a probation agency or the commissioner of corrections for court-ordered or community-provided correctional services, including but not limited to drug testing, electronic home monitoring, treatment, and programming; and

 

(2) effective August 1, 2023, through July 31, 2027 2029, include fees for the following correctional services:

 

(i) community service work placement and supervision;


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(ii) restitution collection;

 

(iii) supervision;

 

(iv) court-ordered investigations;

 

(v) any other court-ordered service;

 

(vi) postprison supervision or other form of release; and

 

(vii) supervision or other probation-related services provided by a probation agency or by the Department of Corrections for individuals supervised by the commissioner of corrections.

 

(c) "Probation" has the meaning given in section 609.02, subdivision 15.

 

(d) "Probation agency" means a probation agency, including a Tribal Nation, organized under section 244.19 or chapter 401.

 

Sec. 5.  Minnesota Statutes 2024, section 244.18, subdivision 7, is amended to read:

 

Subd. 7.  Annual report.  (a) By January 15 each year, the commissioner must submit an annual report on implementing the commissioner's duties under this section to the chairs and ranking minority members of the senate and house of representatives committees and divisions with jurisdiction over criminal justice funding and policy.  At a minimum, the report must include information on the types of correctional services for which fees were imposed, the aggregate amount of fees imposed, and the amount of fees collected.

 

(b) This subdivision expires August 1, 2027 2029.

 

Sec. 6.  Minnesota Statutes 2024, section 244.18, subdivision 9, is amended to read:

 

Subd. 9.  Sunsetting supervision fees; sunset plan.  (a) By August 1, 2025, each probation agency must provide to the commissioner a written plan for phasing out supervision fees for individuals under the agency's supervision and control, and the commissioner must review and approve the plan by August 1, 2027 2029.  By August 1, 2027 2029, the commissioner must develop a written plan for phasing out supervision fees for individuals under the commissioner's supervision and control.

 

(b) A copy of an approved plan must be provided to all individuals under the supervision and control of the agency or the commissioner and in a language and manner that each individual can understand.

 

(c) Supervision fees must not be increased from August 1, 2023, through July 31, 2027 2029.

 

(d) This subdivision expires August 1, 2027 2029.

 

Sec. 7.  Minnesota Statutes 2024, section 299A.01, is amended by adding a subdivision to read:

 

Subd. 9.  Grant contracts and programs administrative costs.  Notwithstanding any law to the contrary, unless amounts are otherwise appropriated for administrative costs, the department may retain up to five percent of the amount appropriated to the department for grants enacted by the legislature and single or sole source and formula grants and up to ten percent for competitively awarded grants to be used for staff and related operating costs for grant administration.  This subdivision applies to all new and existing grant programs administered by the department.  This subdivision does not apply to grants funded with an appropriation of proceeds from the sale of state general obligation bonds.


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Sec. 8.  [299A.708] MINNESOTA VICTIMS OF CRIME ACCOUNT.

 

Subdivision 1.  Account established.  The Minnesota victims of crime account is established in the special revenue fund.

 

Subd. 2.  Source of funds.  The account consists of money deposited, donated, allotted, transferred, or otherwise provided to the account and any interest or earnings of the account.

 

Subd. 3.  Appropriation; account purpose; grants.  Money in the account, including interest accrued, is appropriated to the commissioner of public safety for the Office of Justice Programs to provide grants to crime victim services providers.  Grants must be used 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 and may provide:  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 for other needs of organizations and crime victim survivors.  Up to ten percent of the appropriation is available for grant administration.

 

Subd. 4.  Reporting; carryover.  (a) By January 15 of each year, the commissioner of public safety shall submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over public safety policy and finance on the account established in subdivision 1.  The report must provide detailed information on the money deposited into the account and any money carried over from the previous year, including the amounts and sources of the money.

 

(b) Money in the account does not cancel but remains available for expenditures for grants identified in subdivision 3.

 

Subd. 5.  Annual transfer.  In fiscal year 2028 and each year thereafter, the commissioner of management and budget shall transfer $2,000,000 from the general fund to the Minnesota victims of crime account.

 

Sec. 9.  Minnesota Statutes 2024, section 299F.47, subdivision 2, is amended to read:

 

Subd. 2.  Charter school inspections; fees.  The state fire marshal shall charge charter schools $100 $0.014 per square foot for each school building inspected.  This rate These rates shall include two follow-up inspections or on‑site consultations.  If additional follow-up inspections or consultations are needed, the state fire marshal shall charge $50 $0.005 per square foot for each additional follow-up inspection to each applicable building in which a follow-up inspection is needed.

 

Sec. 10.  Minnesota Statutes 2024, section 401.10, subdivision 1, is amended to read:

 

Subdivision 1.  Community supervision funding formula.  (a) Beginning July 1, 2023, the community supervision subsidy paid to each county, the commissioner for supervision of non-CCA jurisdictions served by the Department of Corrections, and each applicable Tribal Nation under paragraph (e) equals the sum of:

 

(1) a base funding amount equal to $150,000; and

 

(2) a community supervision formula equal to the sum of:

 

(i) for each individual with a felony sentence, a felony per diem rate of $5.62 multiplied by the sum of the county's or Tribal Nation's adult felony population, adult supervised release and parole populations, and juvenile supervised release and parole populations as reported in the most recent probation survey published by the commissioner, multiplied by 365; and


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(ii) for each individual sentenced for a gross misdemeanor or misdemeanor or under juvenile probation, the felony per diem rate of $5.62 multiplied by 0.5 and then multiplied by the sum of the county's or Tribal Nation's gross misdemeanor, misdemeanor, and juvenile populations as reported in the most recent probation survey published by the commissioner, multiplied by 365.

 

(i) for individuals with a felony sentence, the felony per diem rate of $5.62 shall be multiplied by the average total population over the three most recent years, as reported in the probation surveys published by the commissioner.  This population includes the county or Tribal Nation's adult felony population, adult supervised release population, adult parole population, juvenile supervised release population, and juvenile parole population.  The resulting amount shall then be multiplied by 365 to calculate the total annual allocation; and

 

(ii) for individuals sentenced for a gross misdemeanor, for a misdemeanor, or under juvenile probation, the felony per diem rate of $5.62 shall be multiplied by 0.5, and then multiplied by the average total population over the three most recent years, as reported in the probation surveys published by the commissioner.  This population includes the county or Tribal Nation's gross misdemeanor population, misdemeanor population, and juvenile probation population.  The resulting amount shall then be multiplied by 365 to calculate the total annual allocation.

 

(b) For a non-CCA jurisdiction under section 244.19, subdivision 1b, paragraph (b) or (c), the base funding amount must be shared equally between the jurisdiction and the commissioner for the provision of felony supervision under section 244.20.

 

(c) If in any year the total amount appropriated for the purpose of this section is more than or less than the total of base funding plus community supervision formula funding for all counties and applicable Tribal Nations, the sum of each county's and applicable Tribal Nation's base funding plus community supervision formula funding is adjusted by the ratio of amounts appropriated for this purpose divided by the total of base funding plus community supervision formula funding for all counties and applicable Tribal Nations.

 

(d) If in any year the base funding plus the community supervision formula amount based on what was appropriated in fiscal year 2024 is less than the funding paid to the county in fiscal year 2023, the difference is added to the community supervision formula amount for that county.  A county is not eligible for additional funding under this paragraph unless the base funding plus community supervision formula results in an increase in funding for the county based on what was appropriated in the previous fiscal year.  This paragraph expires June 30, 2029.

 

(e) For each Tribal Nation, a funding amount of $250,000 is allotted annually to purchase probation services or probation-related services, including contracted services, but a Tribal Nation that becomes a CCA jurisdiction or a non-CCA jurisdiction under section 244.19, subdivision 1b, paragraph (b) or (c), is an applicable Tribal Nation under paragraphs (a) to (c) and:

 

(1) has the Tribal Nation's funding amount of $250,000 transferred to the total community supervision subsidy amount appropriated for the purposes of this section; and

 

(2) is allotted a base funding amount equal to $150,000 plus an amount as determined according to the community supervision formula under paragraph (a), clause (2).

 

(f) Minnesota Rehabilitation and Reinvestment Act savings under section 244.50, subdivision 4, clause (2), are appropriated to each CCA jurisdiction and non-CCA jurisdiction served by the Department of Corrections by dividing the three-year average of the number of individuals on supervised release and intensive supervised release within the jurisdiction by the three-year average of the total number of individuals under supervised release and intensive supervised release statewide, using the numbers reported annually in the Probation Survey report.


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Sec. 11.  Minnesota Statutes 2024, section 517.08, subdivision 1b, is amended to read:

 

Subd. 1b.  Term of license; fee; premarital education.  (a) The local registrar shall examine upon oath the parties applying for a license relative to the legality of the contemplated civil marriage.  Both parties must present proof of age to the local registrar.  If one party is unable to appear in person, the party appearing may complete the absent applicant's information.  The local registrar shall provide a copy of the civil marriage application to the party who is unable to appear, who must verify the accuracy of the appearing party's information in a notarized statement.  The verification statement must be accompanied by a copy of proof of age of the party.  The civil marriage license must not be released until the verification statement and proof of age has been received by the local registrar.  If the local registrar is satisfied that there is no legal impediment to it, including the restriction contained in section 259.13, the local registrar shall issue the license, containing the full names of the parties before and after the civil marriage, and county and state of residence, with the county seal attached, and make a record of the date of issuance.  The license shall be valid for a period of six months.  Except as provided in paragraph (b), the local registrar shall collect from the applicant a fee of $115 $125 for administering the oath, issuing, recording, and filing all papers required, and preparing and transmitting to the state registrar of vital records the reports of civil marriage required by this section.  If the license should not be used within the period of six months due to illness or other extenuating circumstances, it may be surrendered to the local registrar for cancellation, and in that case a new license shall issue upon request of the parties of the original license without fee.  A local registrar who knowingly issues or signs a civil marriage license in any manner other than as provided in this section shall pay to the parties aggrieved an amount not to exceed $1,000.

 

(b) The civil marriage license fee for parties who have completed at least 12 hours of premarital education is $40 $50.  In order to qualify for the reduced license fee, the parties must submit at the time of applying for the civil marriage license a statement that is signed, dated, and notarized or marked with a church seal from the person who provided the premarital education on their letterhead confirming that it was received.  The premarital education must be provided by a licensed or ordained minister or the minister's designee, a person authorized to solemnize civil marriages under section 517.18, or a person authorized to practice marriage and family therapy under section 148B.33.  The education must include the use of a premarital inventory and the teaching of communication and conflict management skills.

 

(c) The statement from the person who provided the premarital education under paragraph (b) must be in the following form:

 

"I, .......................... (name of educator), confirm that .......................... (names of both parties) received at least 12 hours of premarital education that included the use of a premarital inventory and the teaching of communication and conflict management skills.  I am a licensed or ordained minister, a person authorized to solemnize civil marriages under Minnesota Statutes, section 517.18, or a person licensed to practice marriage and family therapy under Minnesota Statutes, section 148B.33."

 

The names of the parties in the educator's statement must be identical to the legal names of the parties as they appear in the civil marriage license application.  Notwithstanding section 138.17, the educator's statement must be retained for seven years, after which time it may be destroyed.

 

Sec. 12.  Minnesota Statutes 2024, section 517.08, subdivision 1c, is amended to read:

 

Subd. 1c.  Disposition of license fee.  (a) Of the civil marriage license fee collected pursuant to subdivision 1b, paragraph (a), $25 must be retained by the county.  The local registrar must pay $90 $100 to the commissioner of management and budget to be deposited as follows:


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(1) $55 in the general fund;

 

(2) $3 in the state government special revenue fund to be appropriated to the commissioner of public safety for parenting time centers under section 119A.37;

 

(3) $2 in the special revenue fund to be appropriated to the commissioner of health for developing and implementing the MN ENABL program under section 145.9255;

 

(4) $25 in the special revenue fund is appropriated to the commissioner of employment and economic development for the Minnesota Family Resiliency Partnership under section 116L.96; and

 

(5) $5 in the special revenue fund, which is appropriated to the Board of Regents of the University of Minnesota for the Minnesota couples on the brink project under section 137.32; and

 

(6) $10 in the Minnesota victims of crime account in the special revenue fund under section 299A.708.

 

(b) Of the $40 fee under subdivision 1b, paragraph (b), $25 must be retained by the county.  The local registrar must pay $15 $25 to the commissioner of management and budget to be deposited as follows:

 

(1) $5 as provided in paragraph (a), clauses (2) and (3); and

 

(2) $10 in the special revenue fund is appropriated to the commissioner of employment and economic development for the Minnesota Family Resiliency Partnership under section 116L.96; and

 

(3) $10 in the Minnesota victims of crime account in the special revenue fund under section 299A.708.

 

Sec. 13.  [609.1015] CORPORATE OFFENDERS; PENALTY ASSESSMENT REQUIRED.

 

(a) As used in this section, "corporation" means any entity, other than a natural person, that is capable under the laws of any state to sue, be sued, own property, contract, or employ another.

 

(b) When a court is sentencing a corporation that has been convicted of a crime, the court must impose an assessment of up to $1,000,000 if the conviction is for a felony offense, up to $250,000 if the conviction is for a gross misdemeanor offense, and up to $100,000 if the conviction is for a misdemeanor offense.  The assessment is in addition to any criminal fines, restitution, or surcharge otherwise authorized or required under law.  The court shall impose an assessment of not less than 30 percent of the maximum assessment authorized by this section unless the defendant makes a showing of undue hardship.  The court may not waive payment of the assessment.

 

(c) In setting the amount of the assessment, the court shall take the following into consideration:

 

(1) the nature and seriousness of the offense;

 

(2) the number of offenses committed;

 

(3) the persistence of the criminal conduct;

 

(4) the length of time over which the criminal conduct occurred;

 

(5) the willfulness of the corporation's criminal conduct;

 

(6) the corporation's assets, liabilities, and net worth; and

 

(7) the particular harm to victims of the crime.


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(d) Assessments collected under this section must be deposited into the Minnesota victims of crime account under section 299A.708.

 

EFFECTIVE DATE.  This section is effective July 1, 2025, and applies to sentences announced on or after that date.

 

Sec. 14.  [609.1016] VICTIM SERVICES ASSESSMENT.

 

(a) When a court is sentencing a person for an offense listed in paragraph (b), the court must impose a victim services assessment.  If the violation is a misdemeanor, the assessment must be at least $500 and not more than $750.  For any other violation, the assessment must be at least $750 and not more than $1,000.

 

(b) The victim services assessment applies to a conviction of the following offenses:

 

(1) any crime of violence as defined in section 624.712, subdivision 5, other than a violation of chapter 152;

 

(2) section 518B.01, subdivision 14 (violation of domestic abuse order for protection);

 

(3) section 609.2242 (domestic assault);

 

(4) section 609.324, subdivision 1, 1a, or 2 (patronizing or hiring an individual engaged in prostitution);

 

(5) section 609.3458 (sexual extortion);

 

(6) section 609.748, subdivision 6 (violation of harassment restraining order);

 

(7) section 617.261 (nonconsensual dissemination of private sexual images); or

 

(8) section 629.75 (violation of domestic abuse no contact order).

 

(c) The court must waive payment of the assessment required under this subdivision on a showing of indigency and may waive or reduce payment of the assessment on a showing of undue hardship upon the convicted person or the convicted person's immediate family.

 

(d) Assessments collected under this section must be deposited into the Minnesota victims of crime account under section 299A.708.

 

EFFECTIVE DATE.  This section is effective July 1, 2025, and applies to sentences announced on or after that date.

 

Sec. 15.  Minnesota Statutes 2024, section 609.2232, is amended to read:

 

609.2232 CONSECUTIVE SENTENCES FOR ASSAULTS COMMITTED BY STATE PRISON INMATES.

 

(a) If an inmate of a state correctional facility is convicted of violating section 609.221, 609.222, 609.223, 609.2231, or 609.224, while confined in the facility, the sentence imposed for the assault shall be executed and run consecutively to any unexpired portion of the offender's earlier sentence.  The inmate is not entitled to credit against the sentence imposed for the assault for time served in confinement for the earlier sentence.  The inmate shall serve the sentence for the assault in a state correctional facility even if the assault conviction was for a misdemeanor or gross misdemeanor.


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(b) If an inmate of a county jail, county regional jail, county work farm, county workhouse, or other local correctional facility is convicted of violating section 609.221, 609.222, 609.223, or 609.2231 while confined in the facility and the victim is a county sheriff or sheriff's deputy, the court must not stay adjudication or imposition of the sentence and the inmate must be sentenced as follows:

 

(1) if the inmate was serving an executed sentence at the time of the assault, the sentence imposed for the assault shall be executed and run consecutively to that sentence;

 

(2) if the court imposes an executed sentence for any crime or offense for which the person was in custody when the person committed the assault, the sentence imposed for the assault shall be executed and run consecutively to that sentence; and

 

(3) if the inmate was serving a probationary sentence or the court imposes a stayed sentence for any crime or offense for which the person was in custody when the person committed the assault, the sentence imposed for the assault shall be executed.

 

EFFECTIVE DATE.  This section is effective August 1, 2025, and applies to crimes committed on or after that date.

 

Sec. 16.  Minnesota Statutes 2024, section 609.322, subdivision 1, is amended to read:

 

Subdivision 1.  Solicitation, inducement, and promotion of prostitution; sex trafficking in the first degree.  (a) Whoever, while acting other than as a prostitute or patron, intentionally does any of the following may be sentenced to imprisonment for not more than 25 years or to payment of a fine of not more than $50,000, or both:

 

(1) solicits or induces an individual under the age of 18 years to practice prostitution;

 

(2) promotes the prostitution of an individual under the age of 18 years;

 

(3) receives profit, knowing or having reason to know that it is derived from the prostitution, or the promotion of the prostitution, of an individual under the age of 18 years; or

 

(4) engages in the sex trafficking of an individual under the age of 18 years.

 

(b) Whoever violates paragraph (a) or subdivision 1a may be sentenced to imprisonment for not more than 30 years or to payment of a fine of not more than $60,000, or both, if one or more of the following aggravating factors are present:

 

(1) the offender has committed a prior qualified human trafficking-related offense;

 

(2) the offense involved a sex trafficking victim who suffered bodily harm during the commission of the offense;

 

(3) the time period that a sex trafficking victim was held in debt bondage or forced or coerced labor or services exceeded 180 days; or

 

(4) the offense involved more than one sex trafficking victim.

 

(c) Unless a longer mandatory minimum sentence is otherwise required by law or the Sentencing Guidelines provide for a longer presumptive executed sentence, the court shall presume that an executed sentence of 120 months must be imposed on an offender convicted of violating this section under the conditions described in paragraph (a), and an executed sentence of 144 months must be imposed on an offender convicted of violating this section under the conditions described in paragraph (b).  Sentencing a person in a manner other than that described in this paragraph is a departure from the Sentencing Guidelines.


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EFFECTIVE DATE.
 
This section is effective August 1, 2025, and applies to crimes committed on or after that date.

 

Sec. 17.  Minnesota Statutes 2024, section 626.8516, subdivision 4, is amended to read:

 

Subd. 4.  Forms.  The commissioner must prepare the necessary grant application forms and make the forms available on the agency's public website no later than December 31, 2023 2026.

 

EFFECTIVE DATE.  This section is effective retroactively from July 1, 2023.

 

Sec. 18.  Minnesota Statutes 2024, section 626.8516, subdivision 5, is amended to read:

 

Subd. 5.  Intensive education and skills training program.  No later than December 31, 2023 2026, the commissioner, in consultation with the executive director of the board and the institutions designated as education providers under subdivision 6, shall develop an intensive comprehensive law enforcement education and skills training curriculum that will provide eligible peace officer candidates with the law enforcement education and skills training needed to be licensed as a peace officer.  The curriculum must be designed to be completed in eight months or less and shall be offered at the institutions designated under subdivision 6.  The curriculum may overlap, coincide with, or draw upon existing law enforcement education and training programs at institutions designated as education providers under subdivision 6.  The executive director of the board may designate existing law enforcement education and training programs that are designed to be completed in eight months or less as intensive comprehensive law enforcement education and skills training programs for the purposes of this section.

 

EFFECTIVE DATE.  This section is effective retroactively from July 1, 2023.

 

Sec. 19.  Minnesota Statutes 2024, section 626.8516, subdivision 6, is amended to read:

 

Subd. 6.  Education providers; sites.  (a) No later than October 1, 2023 2026, the Board of Trustees of the Minnesota State Colleges and Universities shall designate at least two regionally diverse system campuses to provide the required intensive comprehensive law enforcement education and skills training to eligible peace officer candidates.

 

(b) In addition to the campuses designated under paragraph (a), the commissioner may designate private, nonprofit postsecondary institutions to provide the required intensive comprehensive law enforcement education and skills training to eligible peace officer candidates.

 

(c) Effective July 1, 2025, the Board of Regents of the University of Minnesota may request that the commissioner designate one or more campuses to provide intensive comprehensive law enforcement education and skills training to eligible peace officer candidates.  Upon such a request, the commissioner may designate at least one of the requested campuses.

 

EFFECTIVE DATE.  This section is effective retroactively from July 1, 2023.

 

Sec. 20.  Minnesota Statutes 2024, 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.


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(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 a violation of section 609.561 shall be found or made and filed in the proper court within ten years after the commission of the offense.

 

(f) (g) 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) (h) 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) (i) Except for violations relating to false material statements, representations or omissions, indictments or complaints for violations of section 609.671 shall be found or made and filed in the proper court within five years after the commission of the offense.

 

(i) (j) Indictments or complaints for violation of sections 609.561 to 609.562 and 609.563, shall be found or made and filed in the proper court within five years after the commission of the offense.

 

(j) (k) 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.

 

(k) (l) In all other cases, indictments or complaints shall be found or made and filed in the proper court within three years after the commission of the offense.

 

(l) (m) The limitations periods contained in this section shall exclude any period of time during which the defendant was not an inhabitant of or usually resident within this state.

 

(m) (n) The limitations periods contained in this section for an offense shall not include any period during which the alleged offender participated under a written agreement in a pretrial diversion program relating to that offense.

 

(n) (o) 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, 2025, and applies to crimes committed on or after that date and to crimes committed before that date if the limitations period for the crime did not expire before August 1, 2025.


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ARTICLE 5

CORRECTIONS POLICY

 

Section 1.  Minnesota Statutes 2024, section 244.19, subdivision 1c, is amended to read:

 

Subd. 1c.  Community supervision funding; eligibility for funding formula.  (a) A CPO jurisdiction:

 

(1) must collaborate with the commissioner to develop a comprehensive plan under section 401.06; and

 

(2) is subject to all applicable eligibility provisions under chapter 401 necessary to receive a subsidy under section 401.10.

 

(b) A non-CPO jurisdiction is eligible to receive a subsidy under section 401.10 but is not a Community Corrections Act jurisdiction under chapter 401, and.  Except as provided under section 401.115, the commissioner:

 

(1) is appropriated the jurisdiction's share of funding under section 401.10 for providing probation services; and.

 

(2) may seek reimbursement from the jurisdiction according to subdivision 5a.

 

Sec. 2.  Minnesota Statutes 2024, section 244.19, subdivision 1d, is amended to read:

 

Subd. 1d.  Commissioner of corrections; reimbursing CPO and non-CPO jurisdictions jurisdiction.  As calculated by the community supervision formula under section 401.10, the commissioner must:

 

(1) reimburse a CPO jurisdiction for the cost that the jurisdiction assumes under this section for providing probation services, including supervising juveniles committed to the commissioner of corrections; and.

 

(2) reimburse a non-CPO jurisdiction for the commissioner's provision of probation services to the jurisdiction under this section.

 

Sec. 3.  Minnesota Statutes 2024, section 244.19, subdivision 5, is amended to read:

 

Subd. 5.  Commissioner compensation to duties for non-CPO jurisdiction.  (a) For a non-CPO jurisdiction, the commissioner must, out of appropriations provided under subdivision 5a, paragraph (b), pay probation officers the salary and all benefits fixed by the state law or applicable bargaining unit and all necessary expenses, including secretarial service, office equipment and supplies, postage, telephone services, and travel and subsistence.

 

(b) Except as provided under section 401.115, the commissioner must pay the items under paragraph (a) using appropriations provided under section 401.10.

 

Sec. 4.  Minnesota Statutes 2024, section 244.19, subdivision 5a, is amended to read:

 

Subd. 5a.  Department of Corrections billing; CPO and non-CPO jurisdiction reimbursement annual reporting.  (a) At least every six months, the commissioner must bill for the total cost and expenses incurred by the commissioner on behalf of each non-CPO jurisdiction that has received probation services.  annually, the commissioner must notify each CPO and non-CPO jurisdiction of the total cost and expenses, and the jurisdiction must pay to the commissioner the amount due for reimbursement incurred by the commissioner on behalf of each CPO and non-CPO jurisdiction that has received probation services.


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(b) Each CPO and non-CPO jurisdiction must reimburse the Department of Corrections for the total cost and expenses of the probation services as incurred by the commissioner, excluding the cost and expense of services provided under the state's obligation for adult felony supervision in section 244.20.  Money received under this paragraph from a non-CPO jurisdiction must be annually appropriated to the commissioner for providing probation services to the jurisdiction.

 

(c) Objections by a non-CPO jurisdiction to all allocation of cost and expenses must be presented to and determined by the commissioner.

 

(b) (d) In addition to the billing and reimbursement requirements under this section, Invoicing and payments for probation services for a CPO jurisdiction are as provided under sections 401.14 and 401.15.

 

Sec. 5.  Minnesota Statutes 2024, section 244.20, is amended to read:

 

244.20 PROBATION; FELONY SUPERVISION.

 

(a) Notwithstanding sections 244.19, subdivisions 1 to 1d, and 609.135, subdivision 1, the Department of Corrections:

 

(1) has exclusive responsibility for providing probation services for adult felons in counties and Tribal Nations that do not take part in the Community Corrections Act subsidy program under chapter 401; and

 

(2) to provide felony supervision, retains the county's or Tribal Nation's funding allotted under section 401.10 for providing felony probation services.

 

(b) Paragraph (a), clause (2), does not apply to a Tribal Nation's subsidy under section 401.115.

 

Sec. 6.  Minnesota Statutes 2024, section 401.03, is amended to read:

 

401.03 RULEMAKING AUTHORITY; TECHNICAL ASSISTANCE.

 

(a) The commissioner must, as provided in chapter 14, adopt rules to implement this chapter and provide consultation and technical assistance to counties and Tribal Nations to help them develop comprehensive plans, including abbreviated plans.

 

(b) The time limit to adopt rules under section 14.125 does not apply.

 

Sec. 7.  Minnesota Statutes 2024, section 401.10, subdivision 1, is amended to read:

 

Subdivision 1.  Community supervision funding formula.  (a) Beginning July 1, 2023, the community supervision subsidy paid to each county, the commissioner for supervision of non-CCA jurisdictions served by the Department of Corrections, and each applicable Tribal Nation under paragraph (e) providing services as a CCA jurisdiction or CPO jurisdiction as defined in section 244.19, subdivision 1a, paragraph (b), equals the sum of:

 

(1) a base funding amount equal to $150,000; and

 

(2) a community supervision formula equal to the sum of:

 

(i) for each individual with a felony sentence, a felony per diem rate of $5.62 multiplied by the sum of the county's or Tribal Nation's adult felony population, adult supervised release and parole populations, and juvenile supervised release and parole populations as reported in the most recent probation survey published by the commissioner, multiplied by 365; and


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(ii) for each individual sentenced for a gross misdemeanor or misdemeanor or under juvenile probation, the felony per diem rate of $5.62 multiplied by 0.5 and then multiplied by the sum of the county's or Tribal Nation's gross misdemeanor, misdemeanor, and juvenile populations as reported in the most recent probation survey published by the commissioner, multiplied by 365.

 

(b) For a non-CCA jurisdiction under section 244.19, subdivision 1b, paragraph (b) or (c), the base funding amount must be shared equally between the jurisdiction and the commissioner for the provision of felony supervision under section 244.20.

 

(c) If in any year the total amount appropriated for the purpose of this section is more than or less than the total of base funding plus community supervision formula funding for all counties and applicable Tribal Nations, the sum of each county's and applicable Tribal Nation's base funding plus community supervision formula funding is adjusted by the ratio of amounts appropriated for this purpose divided by the total of base funding plus community supervision formula funding for all counties and applicable Tribal Nations.

 

(d) If in any year the base funding plus the community supervision formula amount based on what was appropriated in fiscal year 2024 is less than the funding paid to the county in fiscal year 2023, the difference is added to the community supervision formula amount for that county.  A county is not eligible for additional funding under this paragraph unless the base funding plus community supervision formula results in an increase in funding for the county based on what was appropriated in the previous fiscal year.  This paragraph expires June 30, 2029.

 

(e) For each Tribal Nation, a funding amount of $250,000 is allotted annually to purchase probation services or probation-related services, including contracted services, but a Tribal Nation that becomes a CCA jurisdiction or a non-CCA jurisdiction under section 244.19, subdivision 1b, paragraph (b) or (c), is an applicable Tribal Nation under paragraphs (a) to (c) and:

 

(1) has the Tribal Nation's funding amount of $250,000 transferred to the total community supervision subsidy amount appropriated for the purposes of this section; and

 

(2) is allotted a base funding amount equal to $150,000 plus an amount as determined according to the community supervision formula under paragraph (a), clause (2).

 

(f) (e) Minnesota Rehabilitation and Reinvestment Act savings under section 244.50, subdivision 4, clause (2), are appropriated to each CCA jurisdiction and non-CCA jurisdiction served by the Department of Corrections by dividing the three-year average of the number of individuals on supervised release and intensive supervised release within the jurisdiction by the three-year average of the total number of individuals under supervised release and intensive supervised release statewide, using the numbers reported annually in the Probation Survey report.

 

Sec. 8.  Minnesota Statutes 2024, section 401.10, is amended by adding a subdivision to read:

 

Subd. 1a.  Interstate Transfer Unit.  Prior to disbursing the community supervision subsidy in subdivision 1, the commissioner shall prorate the cost of the Interstate Transfer Unit based upon the county's share of the probation population as reported in the most recent probation survey and deduct that amount from the county's subsidy.


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Sec. 9.  Minnesota Statutes 2024, section 401.11, subdivision 1, is amended to read:

 

Subdivision 1.  Policy items.  (a) Except for an abbreviated comprehensive plan submitted under section 401.115, a comprehensive plan submitted to the commissioner for approval under section 401.06 must include items prescribed by commissioner policy and may include the following:

 

(1) the manner in which presentence and postsentence investigations and reports for the district courts and social history reports for the juvenile courts will be made;

 

(2) the manner in which conditional release services to the courts and persons under jurisdiction of the commissioner will be provided;

 

(3) a program for detaining, supervising, and treating persons under pretrial detention or under commitment;

 

(4) delivery of other correctional services;

 

(5) proposals for new programs, which proposals must demonstrate a need for the program, and the program's purpose, objective, administrative structure, staffing pattern, staff training, financing, evaluation process, degree of community involvement, client participation, and duration;

 

(6) descriptions of programs that adhere to best practices for assessing risk and using interventions that address an individual's needs while tailoring supervision and interventions by using risk, need, and responsivity principles; and

 

(7) data on expenditures, costs, and programming results and outcomes for individuals under community supervision.

 

(b) The commissioner must develop in policy budgetary requirements for comprehensive plans to ensure the efficient and accountable expenditure of a county's or Tribal Nation's subsidy for correctional services and programming to produce successful community supervision outcomes.

 

Sec. 10.  [401.115] NONPARTICIPATING TRIBAL NATIONS.

 

Subdivision 1.  Subsidy amount.  A Tribal Nation electing not to provide services as a CCA jurisdiction or a CPO jurisdiction under section 244.19, subdivision 1a, paragraph (b), is eligible for a subsidy of $250,000 annually to purchase or provide community supervision services or reentry services, including contracted services.

 

Subd. 2.  Eligibility for subsidy.  A Tribal Nation is eligible to receive funding under subdivision 1 upon submission and approval by the commissioner of an abbreviated comprehensive plan.  Section 401.08 does not apply.  The abbreviated plan must comply with commissioner-developed standards, and at minimum:

 

(1) describe the community supervision services or reentry services for which the funding will be utilized;

 

(2) identify a steering committee to oversee the use of funds; and

 

(3) provide a budget for those services.

 

Once approved, the abbreviated comprehensive plan is valid for two years.

 

Subd. 3.  Paying subsidy.  A Tribal Nation receiving the subsidy under subdivision 1 must be paid according to section 401.14.


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Subd. 4.
  Eligibility for community supervision funding formula.  A Tribal Nation electing to become a CCA jurisdiction or a non-CCA jurisdiction under section 244.19, subdivision 1b, paragraph (b) or (c), is an applicable Tribal Nation under section 401.10, subdivision 1, paragraphs (a) to (c), and:

 

(1) has the Tribal Nation's funding amount under subdivision 1 transferred to the community supervision formula amount appropriated for the purpose of section 401.10;

 

(2) is allotted a base funding amount equal to $150,000 plus an amount as determined according to the community supervision formula under section 401.10, subdivision 1, paragraph (a), clause (2); and

 

(3) is subject to all requirements relating to providing correctional services in section 244.19 and chapter 401.

 

Sec. 11.  Minnesota Statutes 2024, section 401.14, is amended to read:

 

401.14 PAYING SUBSIDY TO CCA AND NON-CCA JURISDICTIONS.

 

Subdivision 1.  Payment.  (a) This section does not apply to:

 

(1) a non-CCA jurisdiction under section 244.19, subdivision 1b, paragraph (d); and

 

(2) a non-CCA jurisdiction under section 244.19, subdivision 1b, paragraph (b) or (c), for the portion of the subsidy allotted for felony probation services.

 

(b) After a county or Tribal Nation becomes compliant with the prerequisites for receiving the subsidy and the commissioner approves the applicable comprehensive plan, the commissioner must determine whether funds exist to pay the subsidy and proceed to pay it in accordance with applicable law.

 

Subd. 2.  Quarterly estimate and remittance.  Based on the approved comprehensive plan, the commissioner may estimate the amount to be expended in furnishing the required correctional services during each calendar quarter and cause the estimated amount to be remitted to the counties and Tribal Nations entitled to the amount as provided under section 401.15, subdivision 1.

 

Subd. 3.  Installment payments.  The commissioner must:

 

(1) make payments for correctional services to each county and Tribal Nation in 12 installments per year;

 

(2) ensure that the pertinent payment of the allotment for each month is made to each county and Tribal Nation on the first working day after the end of each month of the calendar year, except for the last month of the calendar year; and

 

(3) ensure that each county and Tribal Nation receives its monthly payment allotment no later than the last working day of each month.

 

Sec. 12.  Minnesota Statutes 2024, section 401.15, subdivision 2, is amended to read:

 

Subd. 2.  Formula review.  The commissioner must annually review the community supervision formula under section 401.10 at the start of each biennium and calculate and prorate the subsidy accordingly.


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Sec. 13.  Minnesota Statutes 2024, section 609.78, subdivision 2c, is amended to read:

 

Subd. 2c.  Felony offense; reporting fictitious emergency resulting in response to the home of certain officials.  Whoever violates subdivision 2, clause (2), is guilty of a felony and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $5,000, or both, if the person places the call with the intent of prompting an emergency response to the home of:

 

(1) an elected official;

 

(2) a judge as defined in section 609.221, subdivision 6, clause (5);

 

(3) a prosecuting attorney as defined in section 609.221, subdivision 6, clause (4);

 

(4) an employee of a correctional facility as defined in section 241.021, subdivision 1i a correctional employee of the state or a local political subdivision; or

 

(5) a peace officer as defined in section 626.84, subdivision 1, paragraph (c).

 

Sec. 14.  Laws 2023, chapter 52, article 11, section 31, is amended to read:

 

Sec. 31.  MENTAL HEALTH UNIT PILOT PROGRAM.

 

(a) The commissioner of corrections shall establish a pilot program with interested counties to provide mental health care to individuals with serious and persistent mental illness who are incarcerated in county jails.  The pilot program must require the participating counties to pay according to Minnesota Statutes, section 243.51, a per diem for reimbursement of the Mental Health Unit at the Minnesota Correctional Facility - Oak Park Heights, and other costs incurred by the Department of Corrections.

 

(b) The commissioner in consultation with the Minnesota Sheriffs' Association shall develop program protocols, guidelines, and procedures and qualifications for participating counties and incarcerated individuals to be treated in the Mental Health Unit.  The program is limited to a total of five incarcerated individuals from the participating counties at any one time.  Incarcerated individuals must volunteer to be treated in the unit and be able to participate in programming with other incarcerated individuals.  A licensed mental health professional must evaluate the incarcerated individual and recommend the individual to receive treatment in the unit.

 

(c) The Minnesota Correctional Facility - Oak Park Heights warden, director of psychology, and associate director of behavioral health, or a designee of each, in consultation with the Minnesota Sheriffs' Association, the Minnesota branch of the National Association on Mental Illness, and the Department of Human Services, shall oversee the pilot program.

 

(d) On November 15, 2024, the warden shall submit a report to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over corrections describing the protocols, guidelines, and procedures for participation in the pilot program by counties and incarcerated individuals, challenges with staffing, cost sharing with counties, capacity of the program, services provided to the incarcerated individuals, program outcomes, concerns regarding the program, and recommendations for the viability of a long-term program.

 

(e) (d) The pilot program expires November 16, 2024 August 1, 2027.


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ARTICLE 6

FINANCIAL CRIMES AND FRAUD INVESTIGATIONS

 

Section 1.  Minnesota Statutes 2024, section 13.82, subdivision 1, is amended to read:

 

Subdivision 1.  Application.  This section shall apply to agencies which carry on a law enforcement function, including but not limited to municipal police departments, county sheriff departments, fire departments, the Bureau of Criminal Apprehension, the Minnesota State Patrol, the Board of Peace Officer Standards and Training, the Department of Commerce, and county human service agency client and provider fraud investigation, prevention, and control units operated or supervised by the Department of Human Services.

 

Sec. 2.  Minnesota Statutes 2024, section 43A.17, subdivision 13, is amended to read:

 

Subd. 13.  Compensation for law enforcement officers.  (a) For purposes of this subdivision, the term "law enforcement officers" means all licensed peace officers employed by the state who are included in the state units under section 179A.10, subdivision 2, including without limitation:  Minnesota State Patrol troopers, Bureau of Criminal Apprehension agents, including Financial Crimes and Fraud Section agents, and Alcohol and Gambling Enforcement agents, in the Department of Public Safety; Department of Natural Resources conservation officers; and Department of Corrections Fugitive Apprehension Unit members; and Commerce Fraud Bureau agents in the Department of Commerce.

 

(b) When the commissioner of management and budget negotiates a collective bargaining agreement establishing compensation for law enforcement officers, the commissioner must use compensation and benefit data from the most recent salary and benefits survey conducted pursuant to section 299D.03, subdivision 2a, to compare salaries to ensure appropriate increases are made to law enforcement officer salaries and benefits.

 

Sec. 3.  Minnesota Statutes 2024, section 45.0135, subdivision 2b, is amended to read:

 

Subd. 2b.  Duties.  The commissioner of commerce Fraud Bureau shall may:

 

(1) review notices and reports within the Commerce Fraud Bureau's primary jurisdiction submitted by authorized insurers, their employees, and agents or producers regarding insurance fraud, as defined in section 60A.951, subdivision 4;

 

(2) respond to notifications or complaints within the Commerce Fraud Bureau's primary jurisdiction generated by other law enforcement agencies, state or federal governmental units, or any other person;

 

(3) (2) initiate inquiries and conduct investigations under section 45.027 when the bureau commissioner has reason to believe that an offense within the Commerce Fraud Bureau's primary jurisdiction insurance fraud, as defined in section 60A.951, subdivision 4, has been or is being committed; and

 

(4) report crimes disclosed by the Commerce Fraud Bureau's investigations to appropriate law enforcement agencies, including, but not limited to, the attorney general, county attorneys, or any other appropriate law enforcement or regulatory agency, and shall assemble evidence, prepare charges, and otherwise assist any law enforcement authority having jurisdiction.

 

(3) share active investigative data pursuant to section 13.39 concerning insurance fraud with the commissioner of public safety and the Bureau of Criminal Apprehension.


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Sec. 4.  Minnesota Statutes 2024, section 45.0135, is amended by adding a subdivision to read:

 

Subd. 2g.  Criminal insurance fraud investigations.  (a) The Bureau of Criminal Apprehension shall conduct investigations of criminal insurance fraud, as defined in section 609.611, in accordance with section 299C.061.

 

(b) The commissioner shall report criminal insurance fraud-related crimes disclosed by the Department of Commerce's investigations of civil insurance fraud to the Bureau of Criminal Apprehension.

 

Sec. 5.  Minnesota Statutes 2024, section 45.0135, subdivision 6, is amended to read:

 

Subd. 6.  Insurance fraud prevention account.  The insurance fraud prevention account is created in the state treasury.  Money received from assessments under subdivision 7 section 299C.061, subdivision 10, and transferred from the automobile theft prevention account in sections 65B.84, subdivision 1, and 297I.11, subdivision 2, is deposited in the account.  Money in this fund is appropriated to the commissioner of commerce public safety for the purposes specified in this section and sections 60A.951 to 60A.956.

 

Sec. 6.  Minnesota Statutes 2024, section 45.0135, subdivision 7, is amended to read:

 

Subd. 7.  Assessment.  Each insurer authorized to sell insurance in the state of Minnesota, including surplus lines carriers, and having Minnesota earned premium the previous calendar year shall remit an assessment to the commissioner of public safety for deposit in the insurance fraud prevention account on or before June 1 of each year.  The amount of the assessment shall be based on the insurer's total assets and on the insurer's total written Minnesota premium, for the preceding fiscal year, as reported pursuant to section 60A.13.  The commissioner of public safety shall consult with the commissioner of commerce for purposes of calculating the assessment amount.  Beginning with the payment due on or before June 1, 2024, the assessment amount is:

 

 

Total Assets

Assessment

 

Less than $100,000,000

 

 

$400

 

$100,000,000 to $1,000,000,000

 

 

$1,500

 

Over $1,000,000,000

 

 

$4,000

 

Minnesota Written Premium

Assessment

 

Less than $10,000,000

 

 

$400

 

$10,000,000 to $100,000,000

 

 

$1,500

 

Over $100,000,000

 

 

$4,000

 

For purposes of this subdivision, the following entities are not considered to be insurers authorized to sell insurance in the state of Minnesota:  risk retention groups; or township mutuals organized under chapter 67A.

 

Sec. 7.  Minnesota Statutes 2024, section 45.0135, subdivision 8, is amended to read:

 

Subd. 8.  Investigations; health-related boards.  (a) The Commerce Fraud Bureau Bureau of Criminal Apprehension may consult with the appropriate health-related board when a licensee, licensed under chapter 144E, 147, 148, 148B, or 150A, is suspected of insurance fraud.

 

(b) The bureau shall, for any conviction involving or related to insurance, send copies of all public data in its possession to the appropriate health-related licensing board.


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Sec. 8.  Minnesota Statutes 2024, section 45.0135, subdivision 9, is amended to read:

 

Subd. 9.  Administrative penalty for insurance fraud.  (a) The commissioner may:

 

(1) impose an administrative penalty against any person in an amount as set forth in paragraph (b) for each intentional act of insurance fraud or substantiated acts of attempted insurance fraud, as defined in section 60A.951, subdivision 4, committed by that person;

 

(2) order restitution to any person suffering loss as a result of the insurance fraud; and

 

(3) order restitution to a company for the reasonable documented cost of any investigation in connection with the insurance fraud.

 

(b) The administrative penalty for each violation described in paragraph (a) may be no more than:

 

(1) $20,000 if the funds or the value of the property or services wrongfully obtained exceeds $5,000;

 

(2) $10,000 if the funds or value of the property or services wrongfully obtained exceeds $1,000, but not more than $5,000;

 

(3) $3,000 if the funds or value of the property or services wrongfully obtained is more than $500, but not more than $1,000; and

 

(4) $1,000 if the funds or value of the property or services wrongfully obtained is $500 or less.

 

(c) If an administrative penalty is not paid after all rights of appeal have been waived or exhausted, the commissioner may bring a civil action in a court of competent jurisdiction to collect the administrative penalty, including expenses and litigation costs, reasonable attorney fees, and interest.

 

(d) This section does not affect a person's right to seek recovery, including expenses and litigation costs, reasonable attorney fees, and interest, against any person that commits insurance fraud.

 

(e) For purposes of this subdivision, "insurance fraud" has the meaning given in section 60A.951, subdivision 4.

 

(f) Hearings under this subdivision must be conducted in accordance with chapter 14 and any other applicable law.

 

(g) All revenues from penalties, expenses, costs, fees, and interest collected under paragraphs (a) to (c) shall be deposited in into the insurance fraud prevention account under subdivision 6 section 299C.061, subdivision 9.

 

Sec. 9.  Minnesota Statutes 2024, section 60A.951, subdivision 2, is amended to read:

 

Subd. 2.  Authorized person.  "Authorized person" means the county attorney, sheriff, or chief of police responsible for investigations in the county where the suspected insurance fraud occurred; the superintendent of the Bureau of Criminal Apprehension; the commissioner of commerce; the Commerce Fraud Bureau; the commissioner of labor and industry; the attorney general; or any duly constituted criminal investigative department or agency of the United States.


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Sec. 10.  Minnesota Statutes 2024, section 60A.952, subdivision 2, is amended to read:

 

Subd. 2.  Notice to and cooperation with the Commerce Fraud Bureau Bureau of Criminal Apprehension.  Any insurer or insurance professional that has reasonable belief that an act of insurance fraud will be, is being, or has been committed, shall furnish and disclose all relevant information to the Commerce Fraud Bureau Bureau of Criminal Apprehension or to any authorized person and cooperate fully with any investigation conducted by the Commerce Fraud Bureau Bureau of Criminal Apprehension.  Any person that has a reasonable belief that an act of insurance fraud will be, is being, or has been committed, or any person who collects, reviews, or analyzes information concerning insurance fraud, may furnish and disclose any information in its possession concerning the act to the Commerce Fraud Bureau Bureau of Criminal Apprehension, any authorized person, or to an authorized representative of an insurer that requests the information for the purpose of detecting, prosecuting, or preventing insurance fraud.  The insurer may also release relevant information to any person authorized to receive the information under section 72A.502, subdivision 2.  If disclosure is made to an authorized person other than the Commerce Fraud Bureau Bureau of Criminal Apprehension, a copy of the disclosure must be sent to the Commerce Fraud Bureau Bureau of Criminal Apprehension.

 

Sec. 11.  Minnesota Statutes 2024, section 60A.952, subdivision 4, is amended to read:

 

Subd. 4.  Tolling of time periods.  If an insurer has a reasonable or probable cause to believe that an insurance fraud has been committed in connection with an insurance claim, and has properly notified the Commerce Fraud Bureau Bureau of Criminal Apprehension of its suspicions according to subdivision 2, the notification tolls any applicable time period in any unfair claims practices statute or related regulations, or any action on the claim against the insurer to whom the claim had been presented for bad faith, until 30 days after determination by the Commerce Fraud Bureau Bureau of Criminal Apprehension and notice to the insurer that the division Bureau of Criminal Apprehension will not recommend action on the claim.

 

Sec. 12.  Minnesota Statutes 2024, section 60A.952, subdivision 5, is amended to read:

 

Subd. 5.  Reward for information.  The Commerce Fraud Bureau Bureau of Criminal Apprehension, in cooperation with authorized insurers and insurance professionals, may establish a voluntary fund to reward persons not connected with the insurance industry who provide information or furnish evidence leading to the arrest and conviction of persons responsible for insurance fraud.

 

Sec. 13.  Minnesota Statutes 2024, section 60A.954, subdivision 2, is amended to read:

 

Subd. 2.  Review.  The commissioner may review each insurer's antifraud plan to determine whether it complies with the requirements of this section.  If the commissioner finds that an insurer's antifraud plan does not comply with the requirements of this section, the commissioner shall disapprove the plan and send a notice of disapproval, along with the reasons for disapproval, to the insurer.  An insurer whose antifraud plan has been disapproved by the commissioner shall submit a new plan to the commissioner within 60 days after the plan was disapproved.  The commissioner may examine an insurer's procedures to determine whether the insurer is complying with its antifraud plan.  The commissioner shall withhold from public inspection any part of an insurer's antifraud plan for so long as the commissioner deems the withholding to be in the public interest.  The commissioner may share an insurer's complete antifraud plan with the Bureau of Criminal Apprehension.

 

Sec. 14.  Minnesota Statutes 2024, section 60A.956, is amended to read:

 

60A.956 OTHER LAW ENFORCEMENT AUTHORITY.

 

Nothing in sections 60A.951 to 60A.956 preempts the authority of or relieves the duty of any other law enforcement agencies to investigate and prosecute alleged violations of law, prevents or prohibits a person from


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voluntarily disclosing any information concerning insurance fraud to any law enforcement agency other than the Commerce Fraud Bureau Bureau of Criminal Apprehension, or limits any of the powers granted elsewhere by the laws of this state to the commissioner of commerce to investigate alleged violations of law and to take appropriate action.

 

Sec. 15.  Minnesota Statutes 2024, section 65B.84, is amended to read:

 

65B.84 AUTOMOBILE THEFT PREVENTION PROGRAM.

 

Subdivision 1.  Program described; commissioner's duties; appropriation.  (a) The commissioner of commerce public safety shall:

 

(1) develop and sponsor the implementation of statewide plans, programs, and strategies to combat automobile theft, improve the administration of the automobile theft laws, and provide a forum for identification of critical problems for those persons dealing with automobile theft;

 

(2) coordinate the development, adoption, and implementation of plans, programs, and strategies relating to interagency and intergovernmental cooperation with respect to automobile theft enforcement;

 

(3) annually audit the plans and programs that have been funded in whole or in part to evaluate the effectiveness of the plans and programs and withdraw funding should the commissioner determine that a plan or program is ineffective or is no longer in need of further financial support from the fund;

 

(4) develop a plan of operation including:

 

(i) an assessment of the scope of the problem of automobile theft, including areas of the state where the problem is greatest;

 

(ii) an analysis of various methods of combating the problem of automobile theft;

 

(iii) a plan for providing financial support to combat automobile theft;

 

(iv) a plan for eliminating car hijacking; and

 

(v) an estimate of the funds required to implement the plan; and

 

(5) distribute money, in consultation with the commissioner of public safety commerce, pursuant to subdivision 3 from the automobile theft prevention special revenue account for automobile theft prevention activities, including:

 

(i) paying the administrative costs of the program;

 

(ii) providing financial support to the State Patrol and local law enforcement agencies for automobile theft enforcement teams;

 

(iii) providing financial support to state or local law enforcement agencies for programs designed to reduce the incidence of automobile theft and for improved equipment and techniques for responding to automobile thefts;

 

(iv) providing financial support to local prosecutors for programs designed to reduce the incidence of automobile theft;


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(v) providing financial support to judicial agencies for programs designed to reduce the incidence of automobile theft;

 

(vi) providing financial support for neighborhood or community organizations or business organizations for programs designed to reduce the incidence of automobile theft and to educate people about the common methods of automobile theft, the models of automobiles most likely to be stolen, and the times and places automobile theft is most likely to occur; and

 

(vii) providing financial support for automobile theft educational and training programs for state and local law enforcement officials, driver and vehicle services exam and inspections staff, and members of the judiciary.

 

(b) The commissioner may not spend in any fiscal year more than ten percent of the money in the fund for the program's administrative and operating costs.  The commissioner is annually appropriated and must distribute the amount of the proceeds credited to the automobile theft prevention special revenue account each year, less the transfer of $1,300,000 each year to the insurance fraud prevention account described in section 297I.11, subdivision 2.

 

(c) At the end of each fiscal year, the commissioner may transfer any unobligated balances in the auto theft prevention account to the insurance fraud prevention account under section 45.0135, subdivision 6 299C.061, subdivision 9.

 

(d) The commissioner must establish a library of equipment to combat automobile-related theft offenses.  The equipment must be available to all law enforcement agencies upon request to support law enforcement agency efforts to combat automobile theft.

 

Subd. 2.  Annual report.  By September 30 each year, the commissioner of public safety shall report to the governor and the chairs and ranking minority members of the house of representatives and senate committees having jurisdiction over the Departments Department of Commerce and Public Safety on the activities and expenditures in the preceding year.

 

Subd. 3.  Grant criteria; application.  (a) A county attorney's office, law enforcement agency, neighborhood organization, community organization, or business organization may apply for a grant under this section.  Multiple offices or agencies within a county may apply for a grant under this section.

 

(b) The commissioner of public safety, in consultation with the commissioner of public safety commerce, must develop criteria for the fair distribution of grants from the automobile theft prevention account that address the following factors:

 

(1) the number of reported automobile thefts per capita in a city, county, or region, not merely the total number of automobile thefts;

 

(2) the population of the jurisdiction of the applicant office or agency;

 

(3) the total funds distributed within a county or region; and

 

(4) the statewide interest in automobile theft reduction.

 

(c) The commissioner may give priority to:

 

(1) offices and agencies engaged in a collaborative effort to reduce automobile theft; and

 

(2) counties or regions with the greatest rates of automobile theft.

 

(d) The minimum amount of a grant award is $5,000.  After considering the automobile theft rate and total population of an applicant's jurisdiction, if a grant award, as determined under the criteria and priorities in this subdivision, would be less than $5,000, it must not be awarded.


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Subd. 4.  Advisory board; creation; membership.  An Automobile Theft Prevention Advisory Board is established to advise the commissioner on the distribution of grants under this section.  The board must consist of seven members appointed by the commissioner of public safety and must include representatives of law enforcement, prosecuting agencies, automobile insurers, and the public.  The commissioner must annually select a chair from among its members.

 

Subd. 5.  Definition.  For purposes of this section, "automobile theft" includes automobile-related theft.

 

Sec. 16.  Minnesota Statutes 2024, section 268.19, subdivision 1, is amended to read:

 

Subdivision 1.  Use of data.  (a) Except as provided by this section, data gathered from any person under the administration of the Minnesota Unemployment Insurance Law are private data on individuals or nonpublic data not on individuals as defined in section 13.02, subdivisions 9 and 12, and may not be disclosed except according to a district court order or section 13.05.  A subpoena is not considered a district court order.  These data may be disseminated to and used by the following agencies without the consent of the subject of the data:

 

(1) state and federal agencies specifically authorized access to the data by state or federal law;

 

(2) any agency of any other state or any federal agency charged with the administration of an unemployment insurance program;

 

(3) any agency responsible for the maintenance of a system of public employment offices for the purpose of assisting individuals in obtaining employment;

 

(4) the public authority responsible for child support in Minnesota or any other state in accordance with section 518A.83;

 

(5) human rights agencies within Minnesota that have enforcement powers;

 

(6) the Department of Revenue to the extent necessary for its duties under Minnesota laws;

 

(7) public and private agencies responsible for administering publicly financed assistance programs for the purpose of monitoring the eligibility of the program's recipients;

 

(8) the Department of Labor and Industry and the Commerce Fraud Bureau in, the Department of Commerce, and the Bureau of Criminal Apprehension for uses consistent with the administration of their duties under Minnesota law;

 

(9) the Department of Human Services and the Office of Inspector General and its agents within the Department of Human Services, including county fraud investigators, for investigations related to recipient or provider fraud and employees of providers when the provider is suspected of committing public assistance fraud;

 

(10) the Department of Human Services for the purpose of evaluating medical assistance services and supporting program improvement;

 

(11) local and state welfare agencies for monitoring the eligibility of the data subject for assistance programs, or for any employment or training program administered by those agencies, whether alone, in combination with another welfare agency, or in conjunction with the department or to monitor and evaluate the statewide Minnesota family investment program and other cash assistance programs, the Supplemental Nutrition Assistance Program, and the Supplemental Nutrition Assistance Program Employment and Training program by providing data on recipients and former recipients of Supplemental Nutrition Assistance Program (SNAP) benefits, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance under chapter 142E, or medical programs under chapter 256B or 256L or formerly codified under chapter 256D;


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(12) local and state welfare agencies for the purpose of identifying employment, wages, and other information to assist in the collection of an overpayment debt in an assistance program;

 

(13) local, state, and federal law enforcement agencies for the purpose of ascertaining the last known address and employment location of an individual who is the subject of a criminal investigation;

 

(14) the United States Immigration and Customs Enforcement has access to data on specific individuals and specific employers provided the specific individual or specific employer is the subject of an investigation by that agency;

 

(15) the Department of Health for the purposes of epidemiologic investigations;

 

(16) the Department of Corrections for the purposes of case planning and internal research for preprobation, probation, and postprobation employment tracking of offenders sentenced to probation and preconfinement and postconfinement employment tracking of committed offenders;

 

(17) the state auditor to the extent necessary to conduct audits of job opportunity building zones as required under section 469.3201;

 

(18) the Office of Higher Education for purposes of supporting program improvement, system evaluation, and research initiatives including the Statewide Longitudinal Education Data System; and

 

(19) the Family and Medical Benefits Division of the Department of Employment and Economic Development to be used as necessary to administer chapter 268B.

 

(b) Data on individuals and employers that are collected, maintained, or used by the department in an investigation under section 268.182 are confidential as to data on individuals and protected nonpublic data not on individuals as defined in section 13.02, subdivisions 3 and 13, and must not be disclosed except under statute or district court order or to a party named in a criminal proceeding, administrative or judicial, for preparation of a defense.

 

(c) Data gathered by the department in the administration of the Minnesota unemployment insurance program must not be made the subject or the basis for any suit in any civil proceedings, administrative or judicial, unless the action is initiated by the department.

 

Sec. 17.  Minnesota Statutes 2024, section 268B.30, is amended to read:

 

268B.30 DATA PRIVACY.

 

(a) Except as provided by this section, data collected, created, or maintained under this chapter are private data on individuals or nonpublic data not on individuals as defined in section 13.02, subdivisions 9 and 12, and must not be disclosed except according to a district court order or section 13.05.  A subpoena is not considered a district court order.

 

(b) Data classified under paragraph (a) may be disseminated to and used by the following without the consent of the subject of the data:

 

(1) state and federal agencies specifically authorized access to the data by state or federal law;

 

(2) the unemployment insurance division, to the extent necessary to administer the programs established under this chapter and chapter 268;


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(3) employers, to the extent necessary to support adjudication of application requests and to support the employer's administration of a leave of absence;

 

(4) health care providers, to the extent necessary to support verification of health care conditions and qualifying events;

 

(5) the public authority responsible for child support in Minnesota or any other state in accordance with section 518A.83;

 

(6) human rights agencies within Minnesota that have enforcement powers;

 

(7) the Department of Revenue, to the extent necessary for its duties under Minnesota laws;

 

(8) public and private agencies responsible for administering publicly financed assistance programs for the purpose of monitoring the eligibility of the program's recipients;

 

(9) the Department of Labor and Industry and the Commerce Fraud Bureau in, the Department of Commerce, and the Bureau of Criminal Apprehension for uses consistent with the administration of their duties under Minnesota law;

 

(10) the Department of Human Services and the Office of Inspector General and its agents within the Department of Human Services, including county fraud investigators, for investigations related to recipient or provider fraud and employees of providers when the provider is suspected of committing public assistance fraud;

 

(11) the Department of Public Safety for support in identity verification;

 

(12) local, state, and federal law enforcement agencies for the purpose of ascertaining the last known address and employment location of an individual who is the subject of a criminal investigation;

 

(13) the Department of Health for the purposes of epidemiologic investigations;

 

(14) the Department of Corrections for the purposes of tracking incarceration of applicants; and

 

(15) contracted third parties, to the extent necessary to aid in identity verification, adjudication, administration, and evaluation of the program.

 

(c) Data on individuals and employers that are collected, maintained, or used by the department in an investigation under section 268B.19, 268B.21, 268B.22, or 268B.23 are confidential as to data on individuals and protected nonpublic data not on individuals as defined in section 13.02, subdivisions 3 and 13, and must not be disclosed except under statute or district court order or to a party named in a criminal proceeding, administrative or judicial, for preparation of a defense.

 

(d) Data gathered by the department in the administration of this chapter must not be made the subject or the basis for any suit in any civil proceedings, administrative or judicial, unless the action is initiated by the department.

 

Sec. 18.  Minnesota Statutes 2024, section 297I.11, subdivision 2, is amended to read:

 

Subd. 2.  Automobile theft prevention account.  A special revenue account in the state treasury shall be credited with the proceeds of the surcharge imposed under subdivision 1.  Of the revenue in the account, $1,300,000 each year must be transferred to the insurance fraud prevention account under section 45.0135, subdivision 6 299C.061, subdivision 9.  Revenues in excess of $1,300,000 each year may be used only for the automobile theft prevention program described in section 65B.84.


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Sec. 19.  [299C.061] FINANCIAL CRIMES AND FRAUD SECTION.

 

Subdivision 1.  Definitions.  (a) For purposes of this section, the following terms have the meanings given.

 

(b) "Fraud involving state funded or administered programs or services" includes any violation of section 609.445, 609.465, 609.466, 609.52, 609.5523, 609.611, 609.651, 609.7475, or 609.821 involving a state agency or state-funded or administered program or service.

 

(c) "Peace officer" has the meaning given in section 626.84, subdivision 1, paragraph (c).

 

(d) "Section" means the Financial Crimes and Fraud Section of the Bureau of Criminal Apprehension.

 

(e) "State agency" has the meaning given in section 13.02, subdivision 17.

 

(f) "Superintendent" means the superintendent of the Bureau of Criminal Apprehension.

 

Subd. 2.  Financial Crimes and Fraud Section.  The superintendent shall operate the Financial Crimes and Fraud Section within the Bureau of Criminal Apprehension to conduct investigations into insurance fraud, financial crimes, wage theft, and fraud involving state-funded or administered programs or services.  The Section shall be partially or fully comprised of licensed peace officers.  Members of this Section have the full authorities specified in chapter 299C and are not limited to the duties enumerated in this statutory section.

 

Subd. 3.  Duties.  The Financial Crimes and Fraud Section shall:

 

(1) review notices and reports of insurance fraud and related crimes submitted by authorized insurers, their employees, and agents or producers pursuant to sections 60A.951 to 60A.956;

 

(2) initiate inquiries and conduct investigations when the Section has reason to believe that any of the following offenses have been or are being committed:

 

(i) fraud involving state-funded or administered programs or services in subdivision 1, paragraph (b);

 

(ii) insurance fraud and related crimes, as defined in sections 60A.951, subdivision 4, and 609.611, and support of those activities;

 

(iii) wage theft and related crimes; and

 

(iv) any other financial crimes; and

 

(3) operate the automobile theft prevention program under section 65B.84.

 

Subd. 4.  Mandatory referral; duty to investigate.  (a) Except as provided in paragraphs (b) and (d), a state agency shall refer all suspected fraudulent activity under the provisions in subdivision 1, paragraph (b), equaling $100,000 or more to the Section for evaluation and investigation or appropriate referral.  Upon receipt of the referral, the Section shall review and, where appropriate, conduct criminal investigations into the allegations.  The Section has sole discretion as to which allegations are investigated further, referred back to the reporting agency for appropriate regulatory investigation, or referred to another law enforcement agency with appropriate jurisdiction.


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(b) When acting in a civil or criminal law enforcement capacity and permitted by applicable law or order, the attorney general may, in the attorney general's discretion, refer suspected fraudulent activity under the provisions in subdivision 1, paragraph (b), to the Section for evaluation and investigation or appropriate referral in accordance with paragraph (a).
 

 

(c) Notwithstanding paragraph (b), this section has no effect on the authority of the attorney general to investigate and enforce violations or suspected violations of Minnesota civil or criminal law.

 

(d) Referral to the Section under this subdivision is not required when a state agency is required to refer the fraudulent activity to the state Medicaid Fraud Control Unit in accordance with Code of Federal Regulations, title 42, section 455.21(A)(1)(a), and section 256B.04, subdivision 10.

 

Subd. 5.  Discretionary referral.  A state agency may refer suspected fraud involving state-funded or administered programs or services equaling less than $100,000 to the Section for investigation.  Upon referral, the Section shall:

 

(1) accept the referral and, where appropriate, conduct criminal investigations into the allegations and make appropriate referrals for criminal prosecution; or

 

(2) redirect the referral to another appropriate law enforcement agency or civil investigative authority, offering assistance where appropriate.

 

Subd. 6.  Data sharing authorized.  Notwithstanding chapter 13 or any other statute related to the classification of government data to the contrary, state agencies making a referral under subdivision 4 or 5 shall provide data related to the suspected fraudulent activity to the Section, including data classified as not public.  The Section may share active criminal investigative data concerning insurance fraud with the Department of Commerce.

 

Subd. 7.  State agency reporting.  By January 15 of each year, each state agency must report all suspected fraud incurred by the agency that involves state-funded or administered programs or services equaling $10,000 or more to the Section to be summarized in the report under subdivision 8.  This subdivision does not apply to information obtained by the attorney general when acting in a civil or criminal law enforcement capacity.

 

Subd. 8.  Annual report.  (a) By February 1 of each year, the superintendent shall report to the commissioner, the governor, and the chairs and ranking minority members of the legislative committees with jurisdiction over public safety policy and finance, and commerce consumer protection policy and finance, the following information pertaining to the Section since the previous report:

 

(1) the number of investigations initiated;

 

(2) the number of allegations investigated;

 

(3) the outcomes or current status of each investigation;

 

(4) the charging decisions made by the prosecuting authority of incidents investigated by the Section;

 

(5) the number of plea agreements reached in incidents investigated by the Section;

 

(6) the number of reports received under subdivision 7;

 

(7) the number of state agency referrals to the state Medicaid Fraud Control Unit reported to the superintendent under paragraph (b); and

 

(8) any other information relevant to the Section's responsibilities.


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(b) No later than January 15 of each odd-numbered year, each state agency that is required to make referrals to the state Medicaid Fraud Control Unit in accordance with Code of Federal Regulations, title 42, section 455.21(A)(1)(a), and section 256B.04, subdivision 10, shall report the following information to the superintendent for the two previous calendar years:

 

(1) the number of cases referred to the state Medicaid Fraud Control Unit;

 

(2) the number of referrals accepted by the state Medicaid Fraud Control Unit; and

 

(3) the number of referrals declined by the state Medicaid Fraud Control Unit.

 

Subd. 9.  Funding allocation.  One hundred percent of the funding allocated to the Bureau of Criminal Apprehension for the assessment in subdivision 10 may only be used for the investigation of insurance fraud and related crimes, as defined in sections 60A.951, subdivision 4, and 609.611, and support of those activities.

 

EFFECTIVE DATE.  (a) Subdivisions 1, 2, 3, 6, and 9 are effective July 1, 2025.

 

(b) Subdivisions 4, 5, 7, and 8 are effective January 1, 2026.

 

Sec. 20.  Minnesota Statutes 2024, section 299C.40, subdivision 1, is amended to read:

 

Subdivision 1.  Definitions.  (a) The definitions in this subdivision apply to this section.

 

(b) "CIBRS" means the Comprehensive Incident-Based Reporting System, located in the Department of Public Safety and managed by the Bureau of Criminal Apprehension.  A reference in this section to "CIBRS" includes the Bureau of Criminal Apprehension.

 

(c) "Law enforcement agency" means a Minnesota municipal police department, the Metropolitan Transit Police, the Metropolitan Airports Police, the University of Minnesota Police Department, the Department of Corrections Fugitive Apprehension Unit, a Minnesota county sheriff's department, the Enforcement Division of the Department of Natural Resources, the Commerce Fraud Bureau, the Bureau of Criminal Apprehension, or the Minnesota State Patrol.

 

Sec. 21.  Minnesota Statutes 2024, section 609.531, subdivision 1, is amended to read:

 

Subdivision 1.  Definitions.  For the purpose of sections 609.531 to 609.5318, the following terms have the meanings given them.

 

(a) "Conveyance device" means a device used for transportation and includes, but is not limited to, a motor vehicle, trailer, snowmobile, airplane, and vessel and any equipment attached to it.  The term "conveyance device" does not include property which is, in fact, itself stolen or taken in violation of the law.

 

(b) "Weapon used" means a dangerous weapon as defined under section 609.02, subdivision 6, that the actor used or had in possession in furtherance of a crime.

 

(c) "Property" means property as defined in section 609.52, subdivision 1, clause (1).

 

(d) "Contraband" means property which is illegal to possess under Minnesota law.


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(e) "Appropriate agency" means the Bureau of Criminal Apprehension, the Department of Commerce Fraud Bureau, the Minnesota Division of Driver and Vehicle Services, the Minnesota State Patrol, a county sheriff's department, the Three Rivers Park District Department of Public Safety, the Department of Natural Resources Division of Enforcement, the University of Minnesota Police Department, the Department of Corrections Fugitive Apprehension Unit, a city, metropolitan transit, or airport police department; or a multijurisdictional entity established under section 299A.642 or 299A.681.

 

(f) "Designated offense" includes:

 

(1) for weapons used:  any violation of this chapter, chapter 152 or 624;

 

(2) for driver's license or identification card transactions:  any violation of section 171.22; and

 

(3) for all other purposes:  a felony violation of, or a felony-level attempt or conspiracy to violate, section 325E.17; 325E.18; 609.185; 609.19; 609.195; 609.2112; 609.2113; 609.2114; 609.221; 609.222; 609.223; 609.2231; 609.2335; 609.24; 609.245; 609.247; 609.25; 609.255; 609.282; 609.283; 609.322; 609.342, subdivision 1, or subdivision 1a, clauses (a) to (f) and (i); 609.343, subdivision 1, or subdivision 1a, clauses (a) to (f) and (i); 609.344, subdivision 1, or subdivision 1a, clauses (a) to (e), (h), or (i); 609.345, subdivision 1, or subdivision 1a, clauses (a) to (e), (h), and (i); 609.352; 609.42; 609.425; 609.466; 609.485; 609.487; 609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 609.561; 609.562; 609.563; 609.582; 609.59; 609.595; 609.611; 609.631; 609.66, subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and 12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893; 609.895; 617.246; 617.247; or a gross misdemeanor or felony violation of section 609.891 or 624.7181; or any violation of section 609.324; or a felony violation of, or a felony-level attempt or conspiracy to violate, Minnesota Statutes 2012, section 609.21.

 

(g) "Controlled substance" has the meaning given in section 152.01, subdivision 4.

 

(h) "Prosecuting authority" means the attorney who is responsible for prosecuting an offense that is the basis for a forfeiture under sections 609.531 to 609.5318.

 

(i) "Asserting person" means a person, other than the driver alleged to have used a vehicle in the transportation or exchange of a controlled substance intended for distribution or sale, claiming an ownership interest in a vehicle that has been seized or restrained under this section.

 

Sec. 22.  Minnesota Statutes 2024, section 626.05, subdivision 2, is amended to read:

 

Subd. 2.  Peace officer.  The term "peace officer," as used in sections 626.04 to 626.17, means a person who is licensed as a peace officer in accordance with section 626.84, subdivision 1, and who serves as a sheriff, deputy sheriff, police officer, conservation officer, agent of the Bureau of Criminal Apprehension, agent of the Division of Alcohol and Gambling Enforcement, peace officer of the Commerce Fraud Bureau, University of Minnesota peace officer, Metropolitan Transit police officer, Minnesota Department of Corrections Fugitive Apprehension Unit member, State Patrol trooper as authorized by section 299D.03, or railroad peace officer as authorized by section 219.995 and United States Code, title 49, section 28101.

 

Sec. 23.  Minnesota Statutes 2024, section 626.84, subdivision 1, is amended to read:

 

Subdivision 1.  Definitions.  For purposes of sections 626.84 to 626.863, the following terms have the meanings given them:

 

(a) "Board" means the Board of Peace Officer Standards and Training.


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(b) "Director" means the executive director of the board.

 

(c) "Peace officer" means:

 

(1) an employee or an elected or appointed official of a political subdivision or law enforcement agency who is licensed by the board, charged with the prevention and detection of crime and the enforcement of the general criminal laws of the state and who has the full power of arrest, and shall also include the Minnesota State Patrol, agents of the Division of Alcohol and Gambling Enforcement, state conservation officers, Metropolitan Transit police officers, Department of Corrections Fugitive Apprehension Unit officers, Department of Commerce Fraud Bureau Unit officers, the statewide coordinator of the Violent Crime Coordinating Council, and railroad peace officers as authorized by section 219.995 and United States Code, title 49, section 28101; and

 

(2) 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), and who is licensed by the board.

 

(d) "Part-time peace officer" means an individual licensed by the board whose services are utilized by law enforcement agencies no more than an average of 20 hours per week, not including time spent on call when no call to active duty is received, calculated on an annual basis, who has either full powers of arrest or authorization to carry a firearm while on active duty.  The term shall apply even though the individual receives no compensation for time spent on active duty, and shall apply irrespective of the title conferred upon the individual by any law enforcement agency.

 

(e) "Reserve officer" means an individual whose services are utilized by a law enforcement agency to provide supplementary assistance at special events, traffic or crowd control, and administrative or clerical assistance, and shall include reserve deputies, special deputies, mounted or unmounted patrols, and all other employees or volunteers performing reserve officer functions.  A reserve officer's duties do not include enforcement of the general criminal laws of the state, and the officer does not have full powers of arrest or authorization to carry a firearm on duty.

 

(f) "Law enforcement agency" means:

 

(1) a unit of state or local government that is authorized by law to grant full powers of arrest and to charge a person with the duties of preventing and detecting crime and enforcing the general criminal laws of the state;

 

(2) subject to the limitations in section 626.93, a law enforcement agency of a federally recognized tribe, as defined in United States Code, title 25, section 450b(e); and

 

(3) subject to the limitation of section 219.995, a railroad company.

 

(g) "Professional peace officer education" means a postsecondary degree program, or a nondegree program for persons who already have a college degree, that is offered by a college or university in Minnesota, designed for persons seeking licensure as a peace officer, and approved by the board.

 

(h) "Railroad peace officer" means an individual as authorized under United States Code, title 49, section 28101:

 

(1) employed by a railroad for the purpose of aiding and supplementing law enforcement agencies in the protection of property owned by or in the care, custody, or control of a railroad and to protect the persons and property of railroad passengers and employees; and

 

(2) licensed by the board.


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Sec. 24.  REVISOR INSTRUCTION.

 

The revisor of statutes shall renumber the subdivisions in column A with the number listed in column B.  The revisor shall also make necessary cross-reference changes in Minnesota Statutes and Minnesota Rules consistent with the renumbering.

 

 

Column A

Column B

 

45.0135, subdivision 6

299C.061, subdivision 9

 

45.0135, subdivision 7

299C.061, subdivision 10

 

45.0135, subdivision 8

299C.061, subdivision 11

 

45.0135, subdivision 9

299C.061, subdivision 12

 

299C.061, subdivision 9

299C.061, subdivision 13

 

 

Sec. 25.  REPEALER.

 

Minnesota Statutes 2024, sections 45.0135, subdivisions 2a, 2c, 2d, 2e, 2f, 3, 4, and 5; and 325E.21, subdivision 2b, are repealed.

 

ARTICLE 7

REAL PROPERTY; FORECLOSURES

 

Section 1.  Minnesota Statutes 2024, section 580.07, subdivision 1, is amended to read:

 

Subdivision 1.  Postponement by mortgagee.  (a) The sale may be postponed, from time to time, by the party conducting the foreclosure.  The party requesting the postponement must, at the party's expense:

 

(1) publish, only once, a notice of the postponement and the rescheduled date of the sale, if known, as soon as practicable, in the newspaper in which the notice under section 580.03 was published; and

 

(2) send by first class mail to the occupant, postmarked within three business days of the postponed sale, notice:

 

(i) of the postponement; and

 

(ii) if known, of the rescheduled date of the sale and the date on or before which the mortgagor must vacate the property if the sheriff's sale is not further postponed, the mortgage is not reinstated under section 580.30, the property is not redeemed under section 580.23, or the redemption period is not reduced under section 582.032.  The notice must state that the time to vacate the property is 11:59 p.m. on the specified date.

 

(b) If the rescheduled date of the sale is not known at the time of the initial publication and notice to the occupant of postponement, the foreclosing party must, at its expense if and when a new date of sale is scheduled:

 

(1) publish, only once, notice of the rescheduled date of the sale, as soon as practicable, in the newspaper in which the notice under section 580.03 and the notice of postponement under paragraph (a) was published; and

 

(2) send by first class mail to the occupant, postmarked within ten days of the rescheduled sale, notice:

 

(i) of the date of the rescheduled sale; and

 

(ii) of the date on or before which the mortgagor must vacate the property if the mortgage is not reinstated under section 580.30 or the property redeemed under section 580.23.  The notice must state that the time to vacate the property is 11:59 p.m. on the specified date.


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(c) The right of a mortgagee to postpone a foreclosure sale under this section applies to a foreclosure by action taken under chapter 581.

 

EFFECTIVE DATE.  This section is effective August 1, 2025, for judicial foreclosures with the lis pendens recorded on or after the effective date.

 

Sec. 2.  Minnesota Statutes 2024, section 580.07, subdivision 2, is amended to read:

 

Subd. 2.  Postponement by mortgagor or owner.  (a) If all or a part of the property to be sold is classified as homestead under section 273.124 and contains one to four dwelling units, the mortgagor or owner may, in the manner provided in this subdivision, postpone the sale to the first date that is not a Saturday, Sunday, or legal holiday and is:

 

(1) five months after the originally scheduled date of sale if the original redemption period was six months under section 580.23, subdivision 1; or

 

(2) 11 months after the originally scheduled date of sale if the original redemption period was 12 months under section 580.23, subdivision 2.  To postpone a foreclosure sale pursuant to this subdivision, at any time after the first publication of the notice of mortgage foreclosure sale under section 580.03 but at least 15 days prior to the scheduled sale date specified in that notice, the mortgagor shall:  (1) execute a sworn affidavit in the form set forth in subdivision 3, (2) record the affidavit in the office of each county recorder and registrar of titles where the mortgage was recorded, and (3) file with the sheriff conducting the sale and deliver to the attorney foreclosing the mortgage a copy of the recorded affidavit, showing the date and office in which the affidavit was recorded.  Recording of the affidavit and postponement of the foreclosure sale pursuant to this subdivision shall automatically reduce the mortgagor's redemption period under section 580.23 to five weeks.  The postponement of a foreclosure sale pursuant to this subdivision does not require any change in the contents of the notice of sale, service of the notice of sale if the occupant was served with the notice of sale prior to postponement under this subdivision, or publication of the notice of sale if publication was commenced prior to postponement under this subdivision, notwithstanding the service and publication time periods specified in section 580.03, but the sheriff's certificate of sale shall indicate the actual date of the foreclosure sale and the actual length of the mortgagor's redemption period.  No notice of postponement need be published.  An affidavit complying with subdivision 3 shall be prima facie evidence of the facts stated therein, and shall be entitled to be recorded.  The right to postpone a foreclosure sale pursuant to this subdivision may be exercised only once, regardless whether the mortgagor reinstates the mortgage prior to the postponed mortgage foreclosure sale.

 

(b) If the automatic stay under United States Code, title 11, section 362, applies to the mortgage foreclosure after a mortgagor or owner requests postponement of the sheriff's sale under this section, then when the automatic stay is no longer applicable, the mortgagor's or owner's election to shorten the redemption period to five weeks under this section remains applicable to the mortgage foreclosure.

 

(c) Except for the circumstances set forth in paragraph (b), this section does not reduce the mortgagor's redemption period under section 580.23 for any subsequent foreclosure of the mortgage.

 

(d) The right of a mortgagor or owner to postpone a foreclosure sale under this section applies to a foreclosure by action taken under chapter 581.

 

EFFECTIVE DATE.  This section is effective August 1, 2025, for judicial foreclosures with the lis pendens recorded on or after the effective date.


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Sec. 3.  Minnesota Statutes 2024, section 581.02, is amended to read:

 

581.02 APPLICATION, CERTAIN SECTIONS.

 

(a) The provisions of sections 580.08, 580.09, 580.12, 580.22, 580.25, and 580.27, so far as they relate to the form of the certificate of sale, shall apply to and govern the foreclosure of mortgages by action.

 

(b) Section 580.07 applies to actions for the foreclosure of mortgages taken under this chapter.

 

EFFECTIVE DATE.  This section is effective August 1, 2025, for judicial foreclosures with the lis pendens recorded on or after the effective date.

 

ARTICLE 8

GOVERNMENT DATA PRACTICES

 

Section 1.  Minnesota Statutes 2024, section 13.03, subdivision 3, is amended to read:

 

Subd. 3.  Request for access to data.  (a) Upon request to a responsible authority or designee, a person shall be permitted to inspect and copy public government data at reasonable times and places, and, upon request, shall be informed of the data's meaning.  If a person requests access for the purpose of inspection, the responsible authority may not assess a charge or require the requesting person to pay a fee to inspect data.

 

(b) For purposes of this section, "inspection" includes, but is not limited to, the visual inspection of paper and similar types of government data.  Inspection does not include printing copies by the government entity, unless printing a copy is the only method to provide for inspection of the data.  In the case of data stored in electronic form and made available in electronic form on a remote access basis to the public by the government entity, inspection includes remote access to the data by the public and the ability to print copies of or download the data on the public's own computer equipment.  Nothing in this section prohibits a government entity from charging a reasonable fee for remote access to data under a specific statutory grant of authority.  A government entity may charge a fee for remote access to data where either the data or the access is enhanced at the request of the person seeking access.

 

(c) The responsible authority or designee shall provide copies of public data upon request.  If a person requests copies or electronic transmittal of the data to the person, the responsible authority may require the requesting person to pay the actual costs of searching for and retrieving government data, including the cost of employee time, and for making, certifying, and electronically transmitting the copies of the data or the data, but may not charge for separating public from not public data.  However, if 100 or fewer pages of black and white, letter or legal size paper copies are requested, actual costs shall not be used, and instead, the responsible authority may charge no more than 25 cents for each page copied.  If the responsible authority or designee is not able to provide copies at the time a request is made, copies shall be supplied as soon as reasonably possible.

 

(d) When a request under this subdivision involves any person's receipt of copies of public government data that has commercial value and is a substantial and discrete portion of or an entire formula, pattern, compilation, program, device, method, technique, process, database, or system developed with a significant expenditure of public funds by the government entity, the responsible authority may charge a reasonable fee for the information in addition to the costs of making and certifying the copies.  Any fee charged must be clearly demonstrated by the government entity to relate to the actual development costs of the information.  The responsible authority, upon the request of any person, shall provide sufficient documentation to explain and justify the fee being charged.


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(e) The responsible authority of a government entity that maintains public government data in a computer storage medium shall provide to any person making a request under this section a copy of any public data contained in that medium, in electronic form, if the government entity can reasonably make the copy or have a copy made.  This does not require a government entity to provide the data in an electronic format or program that is different from the format or program in which the data are maintained by the government entity.  The entity may require the requesting person to pay the actual cost of providing the copy.

 

(f) If the responsible authority or designee determines that the requested data is classified so as to deny the requesting person access, the responsible authority or designee shall inform the requesting person of the determination either orally at the time of the request, or in writing as soon after that time as possible, and shall cite the specific statutory section, temporary classification, or specific provision of federal law on which the determination is based.  Upon the request of any person denied access to data, the responsible authority or designee shall certify in writing that the request has been denied and cite the specific statutory section, temporary classification, or specific provision of federal law upon which the denial was based.

 

(g) If a responsible authority has notified the requesting person that responsive data or copies are available for inspection or collection, and the requesting person does not inspect the data or collect the copies within five business days of the notification, the responsible authority may suspend any further response to the request until the requesting person inspects the data that has been made available, or collects and pays for the copies that have been produced.

 

Sec. 2.  Minnesota Statutes 2024, section 13.32, subdivision 2, is amended to read:

 

Subd. 2.  Student health and census data; data on parents.  (a) Health data concerning students, including but not limited to, data concerning immunizations, notations of special physical or mental problems and records of school nurses are educational data.  Access by parents to student health data shall be pursuant to section 13.02, subdivision 8.

 

(b) Pupil census data, including emergency information and family information are educational data.

 

(c) Data concerning parents are private data on individuals but may be treated as directory information if the same procedures that are used by a school district to designate student data as directory information under subdivision 5 are followed.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.  Beginning upon the effective date of this section, a parent's personal contact information subject to this section must be treated by an educational agency or institution as private data on individuals regardless of whether that contact information was previously designated as or treated as directory information under Minnesota Statutes, section 13.32, subdivision 2.

 

Sec. 3.  Minnesota Statutes 2024, section 13.32, subdivision 5, is amended to read:

 

Subd. 5.  Directory information; data on parents.  (a) Educational data designated as directory information is public data on individuals to the extent required under federal law.  Directory information must be designated pursuant to the provisions of:

 

(1) this subdivision; and

 

(2) United States Code, title 20, section 1232g, and Code of Federal Regulations, title 34, section 99.37, which were in effect on January 3, 2012.


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(b) When conducting the directory information designation and notice process required by federal law, an educational agency or institution shall give parents and students notice of the right to refuse to let the agency or institution designate specified data about the student as directory information.  This notice may be given by any means reasonably likely to inform the parents and students of the right.

 

(c) An educational agency or institution may not designate a student's or parent's home address, telephone number, email address, or other personal contact information as directory information under this subdivision.  This paragraph does not apply to a postsecondary institution.

 

(d) When requested, educational agencies or institutions must share personal student or parent contact information and directory information, whether public or private, with the Minnesota Department of Education, as required for federal reporting purposes.

 

(e) When requested, educational agencies or institutions may share personal student or parent contact information and directory information for students served in special education with postsecondary transition planning and services under section 125A.08, paragraph (b), clause (1), whether public or private, with the Department of Employment and Economic Development, as required for coordination of services to students with disabilities under sections 125A.08, paragraph (b), clause (1); 125A.023; and 125A.027.

 

(f) Data concerning parents is private data on individuals but may be treated as directory information if the same procedures that are used by a school district to designate student data as directory information under this subdivision are followed, except that a parent's home address, telephone number, email address, or other personal contact information may not be treated as directory information under this subdivision.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.  Beginning upon the effective date of this section, a parent's personal contact information subject to this section must be treated by an educational agency or institution as private data on individuals regardless of whether that contact information was previously designated as or treated as directory information under Minnesota Statutes, section 13.32, subdivision 2.

 

Sec. 4.  Minnesota Statutes 2024, section 13.43, subdivision 2, is amended to read:

 

Subd. 2.  Public data.  (a) Except for employees described in subdivision 5 and subject to the limitations described in subdivision 5a, the following personnel data on current and former employees, volunteers, and independent contractors of a government entity is public:

 

(1) name; employee identification number, which must not be the employee's Social Security number; actual gross salary; salary range; terms and conditions of employment relationship; contract fees; actual gross pension; the value and nature of employer paid fringe benefits; and the basis for and the amount of any added remuneration, including expense reimbursement, in addition to salary;

 

(2) job title and bargaining unit; job description; education and training background; and previous work experience;

 

(3) date of first and last employment;

 

(4) the existence and status of any complaints or charges against the employee, regardless of whether the complaint or charge resulted in a disciplinary action;

 

(5) the final disposition of any disciplinary action together with the specific reasons for the action and data documenting the basis of the action, excluding data that would identify confidential sources who are employees of the public body;


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(6) the complete terms of any agreement settling any dispute arising out of an employment relationship, including a buyout agreement as defined in section 123B.143, subdivision 2, paragraph (a); except that the agreement must include specific reasons for the agreement if it involves the payment of more than $10,000 of public money;

 

(7) work location; a work telephone number; badge number; work-related continuing education; and honors and awards received; and

 

(8) payroll time sheets or other comparable data that are only used to account for employee's work time for payroll purposes, except to the extent that release of time sheet data would reveal the employee's reasons for the use of sick or other medical leave or other not public data.

 

(b) For purposes of this subdivision, a final disposition occurs when the government entity makes its final decision about the disciplinary action, regardless of the possibility of any later proceedings or court proceedings.  Final disposition includes a resignation by an individual when the resignation occurs after the final decision of the government entity, or arbitrator.  In the case of arbitration proceedings arising under collective bargaining agreements, a final disposition occurs at the conclusion of the arbitration proceedings, or upon the failure of the employee to elect arbitration within the time provided by the collective bargaining agreement.  A disciplinary action does not become public data if an arbitrator sustains a grievance and reverses all aspects of any disciplinary action.

 

(c) The government entity may display a photograph of a current or former employee to a prospective witness as part of the government entity's investigation of any complaint or charge against the employee.

 

(d) A complainant has access to a statement provided by the complainant to a government entity in connection with a complaint or charge against an employee.

 

(e) Notwithstanding paragraph (a), clause (5), and subject to paragraph (f), upon completion of an investigation of a complaint or charge against a public official, or if a public official resigns or is terminated from employment while the complaint or charge is pending, all data relating to the complaint or charge are public, unless access to the data would jeopardize an active investigation or reveal confidential sources.  For purposes of this paragraph, "public official" means:

 

(1) the head of a state agency and deputy and assistant state agency heads;

 

(2) members of boards or commissions required by law to be appointed by the governor or other elective officers;

 

(3) members of the Metropolitan Council appointed by the governor under section 473.123, subdivision 3;

 

(3) (4) executive or administrative heads of departments, bureaus, divisions, or institutions within state government; and

 

(4) (5) the following employees:

 

(i) the chief administrative officer, or the individual acting in an equivalent position, in all political subdivisions;

 

(ii) individuals required to be identified by a political subdivision pursuant to section 471.701;

 

(iii) in a city with a population of more than 7,500 or a county with a population of more than 5,000:  managers; chiefs; heads or directors of departments, divisions, bureaus, or boards; and any equivalent position; and


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(iv) in a school district: business managers; human resource directors; athletic directors whose duties include at least 50 percent of their time spent in administration, personnel, supervision, and evaluation; chief financial officers; directors; individuals defined as superintendents and principals under Minnesota Rules, part 3512.0100; and in a charter school, individuals employed in comparable positions.; and

 

(v) in the Metropolitan Council, a public corporation and political subdivision of the state established under chapter 473:  the chair of the Metropolitan Council appointed by the governor; the regional administrator appointed as the principal administrative officer by the Metropolitan Council under section 473.125; the deputy regional administrator; the general counsel appointed by the Metropolitan Council under section 473.123, subdivision 8; the executive heads of divisions, including the general managers and executive directors; the executive head responsible for compliance with Equal Employment Opportunity provisions of federal law; and the chief law enforcement officer of the Metropolitan Transit Police appointed by the regional administrator under section 473.407, subdivision 4.

 

(f) Data relating to a complaint or charge against an employee identified under paragraph (e), clause (4) (5), are public only if:

 

(1) the complaint or charge results in disciplinary action or the employee resigns or is terminated from employment while the complaint or charge is pending; or

 

(2) potential legal claims arising out of the conduct that is the subject of the complaint or charge are released as part of a settlement agreement.

 

This paragraph and paragraph (e) do not authorize the release of data that are made not public under other law.

 

Sec. 5.  Minnesota Statutes 2024, section 13.991, is amended to read:

 

13.991 JUDICIAL OFFICIAL DATA; PERSONAL INFORMATION.

 

(a) Subject to paragraph (b), the personal information of all judicial officials collected, created, or maintained by a government entity is private data on individuals.  For purposes of this section, the terms "personal information" and "judicial official" have the meanings given in section 480.40, subdivision 1.

 

(b) If the responsible authority or government entity violates this chapter, the remedies and penalties under this chapter are available only if the judicial official making a claim previously provided written notification to the responsible authority confirming on a form provided by the Minnesota judicial branch that they are entitled to protection under section 480.40.  If the subject of the data is an adult child of a judicial official who does not reside with the judicial official, the remedies and penalties under this chapter are available only if the adult child previously provided written notification to the responsible authority confirming their status as the child of a judicial official.  In the case of county records, the form shall be filed with the responsible authority that maintains the personal information for which the judicial officer is seeking protection.  A form submitted under this section is private data on individuals.  A notice filed under this paragraph expires five years following the date of filing, unless it is renewed prior to the expiration date.

 

(c) This section shall not apply to Notwithstanding paragraph (a), section 480.50 shall govern personal information contained in:  of all judicial officials contained in real property records, as defined in section 480.50, subdivision 1, paragraph (f). 


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(1) real property records as defined in section
13.045, subdivision 1, clause (5);

 

(2) Uniform Commercial Code filings and tax liens maintained by the secretary of state; and

 

(3) any other records maintained by a government entity evidencing title to, or any lien, judgment, or other encumbrance on, real or personal property.

 

EFFECTIVE DATE.  This section is effective January 1, 2026.

 

Sec. 6.  Minnesota Statutes 2024, section 144E.123, subdivision 3, is amended to read:

 

Subd. 3.  Review.  Prehospital care data may be reviewed by the director or its designees.  The data shall be classified as private data on individuals under chapter 13, the Minnesota Government Data Practices Act.  The director may share with the Washington/Baltimore High Intensity Drug Trafficking Area's Overdose Detection Mapping Application Program (ODMAP), data that identifies where and when an overdose incident happens, fatality status, suspected drug type, naloxone administration, and first responder type.  ODMAP may:

 

(1) allow secure access to the system by authorized users to report information about an overdose incident;

 

(2) allow secure access to the system by authorized users to view, in near real-time, information about overdose incidents reported;

 

(3) produce a map in near real-time of the approximate locations of confirmed or suspected overdose incidents reported; and

 

(4) enable access to overdose incident information that assists in state and local decisions regarding the allocation of public health, public safety, and educational resources for the purposes of monitoring and reporting data related to suspected overdoses.

 

Sec. 7.  Minnesota Statutes 2024, section 480.40, subdivision 1, is amended to read:

 

Subdivision 1.  Definitions.  (a) For purposes of this section and section 480.45, the following terms have the meanings given.

 

(b) "Judicial official" means:

 

(1) every Minnesota district court judge, senior judge, retired judge, and every judge of the Minnesota Court of Appeals and every active, senior, recalled, or retired federal judge who resides in Minnesota;

 

(2) a justice of the Minnesota Supreme Court;

 

(3) employees of the Minnesota judicial branch;

 

(4) judicial referees and magistrate judges; and

 

(5) current and retired judges and current employees of the Office of Administrative Hearings, Workers' Compensation Court of Appeals, and Tax Court.

 

(c) "Personal information" does not include publicly available information.  Personal information means:

 

(1) a residential address of a judicial official;


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(2) a residential address of the spouse, domestic partner, or children of a judicial official;

 

(3) a nonjudicial branch issued telephone number or email address of a judicial official;

 

(4) the name of any child of a judicial official; and

 

(5) the name of any child care facility or school that is attended by a child of a judicial official if combined with an assertion that the named facility or school is attended by the child of a judicial official.

 

(d) "Publicly available information" means information that is lawfully made available through federal, state, or local government records or information that a business has a reasonable basis to believe is lawfully made available to the general public through widely distributed media, by a judicial official, or by a person to whom the judicial official has disclosed the information, unless the judicial official has restricted the information to a specific audience.

 

(e) "Law enforcement support organizations" do not include charitable organizations.

 

(f) "Real property records" has the meaning given in section 480.50, subdivision 1, paragraph (f).

 

EFFECTIVE DATE.  This section is effective January 1, 2026.

 

Sec. 8.  Minnesota Statutes 2024, section 480.40, subdivision 3, is amended to read:

 

Subd. 3.  Exceptions.  (a) Subdivision 2 does and section 480.50 do not apply to:

 

(1) the dissemination of personal information if the information is relevant to and displayed as part of a news story, commentary, editorial, or other speech on a matter of public concern;

 

(2) personal information that the judicial official voluntarily disseminates publicly after August 1, 2024;

 

(3) the dissemination of personal information made at the request of the judicial official or which is necessary to effectuate the request of a judicial official;

 

(4) a commercial entity using personal information internally, providing access to businesses under common ownership or affiliated by corporate control, or selling or providing data for a transaction or service requested by or concerning the individual whose personal information is being transferred;

 

(5) a commercial entity providing publicly available information through real-time or near real-time alert services for health or safety purposes;

 

(6) a commercial entity engaged in the collection, maintenance, disclosure, sale, communication, or use of any personal information bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living by a consumer reporting agency, furnisher, or user that provides information for use in a consumer report, and by a user of a consumer report, but only to the extent that such activity is regulated by and authorized under the federal Fair Credit Reporting Act, United States Code, title 15, section 1681, et seq.;

 

(7) a consumer reporting agency subject to the federal Fair Credit Reporting Act, United States Code, title 15, section 1681, et seq.;


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(8) a commercial entity using personal information collected, processed, sold, or disclosed in compliance with the federal Driver's Privacy Protection Act of 1994, United States Code, title 18, section 2721, et seq.;

 

(9) a commercial entity using personal information to do any of the following:  prevent, detect, protect against, or respond to security incidents, identity theft, fraud, harassment, malicious or deceptive activities, or any illegal activity; preserve the integrity or security of systems; or investigate, report, or prosecute any person responsible for any such action;

 

(10) a financial institution, affiliate of a financial institution, or data subject to title V of the federal Gramm-Leach-Bliley Act, United States Code, title 15, section 6801, et seq.;

 

(11) a covered entity or business associate for purposes of the federal privacy regulations promulgated under the federal Health Insurance Portability and Accountability Act of 1996, specifically United States Code, title 42, section 1320d-2 note;

 

(12) insurance and insurance support organizations;

 

(13) law enforcement agencies or law enforcement support organizations and vendors that provide data support services to law enforcement agencies;

 

(14) the display of a property address on a real estate or mapping platform when the address is not displayed or disclosed in connection with any ownership or occupancy information or other personal identifying information of a judicial official; and

 

(14) (15) the collection and sale or licensing of covered information incidental to conducting the activities described in clauses (4) to (13); and (14).

 

(15) personal information contained in:

 

(i) real property records as defined in section 13.045, subdivision 1, clause (5);

 

(ii) uniform commercial code filings and tax liens maintained by the secretary of state; and

 

(iii) any other records maintained by a government entity evidencing title to, or any lien, judgment, or other encumbrance on, real or personal property.

 

(b) Subdivision 2 does not apply to personal information of judicial officials collected, created, or maintained in real property records.

 

EFFECTIVE DATE.  This section is effective January 1, 2026.

 

Sec. 9.  Minnesota Statutes 2024, section 480.45, subdivision 2, is amended to read:

 

Subd. 2.  Removal of personal information; exception.  (a) Upon receipt of an affidavit requesting removal of the personal information of a judicial official that meets the requirements of subdivision 1, the person, business, association, or government entity shall remove the publicly posted personal information within 30 days.  If the person, business, association, or government entity fails to remove the publicly posted personal information within 30 days after an affidavit is submitted, the judicial official may file a civil action in a court of competent jurisdiction seeking a court order compelling compliance, including injunctive and declarative relief.


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(b) Paragraph (a) shall not apply to personal information disseminated directly by a government entity contained in:  real property records, as defined in section 480.50, subdivision 1, paragraph (f).

 

(1) real property records as defined in section 13.045, subdivision 1, clause (5);

 

(2) uniform commercial code filings and tax liens maintained by the secretary of state; and

 

(3) any other records maintained by a government entity evidencing title to, or any lien, judgment, or other encumbrance on, real or personal property.

 

EFFECTIVE DATE.  This section is effective January 1, 2026.

 

Sec. 10.  [480.50] PERSONAL INFORMATION IN REAL PROPERTY RECORDS.

 

Subdivision 1.  Definitions.  (a) For the purposes of this section, the following terms have the meanings given. 

 

(b) "County recorder" has the meaning given in section 13.045, subdivision 1, clause (4).

 

(c) "Government entity" has the meaning given in section 13.02, subdivision 7a. 

 

(d) "Judicial official" has the meaning given in section 480.40, subdivision 1, paragraph (b), except that it does not include employees of the Minnesota judicial branch, the Office of Administrative Hearings, the Workers' Compensation Court of Appeals, or the Tax Court.

 

(e) "Personal information" has the meaning given in section 480.40, subdivision 1, paragraph (c).

 

(f) "Real property records" means any of the following:

 

(1) real property records as defined in section 13.045, subdivision 1, clause (5);

 

(2) Uniform Commercial Code filings and tax liens maintained by the Secretary of State; and

 

(3) any other records maintained by a county recorder or other government entity evidencing title to, or any lien, judgment, or other encumbrance on, real or personal property.

 

(g) "Responsible authority" has the meaning given in section 13.02, subdivision 16.

 

Subd. 2.  Classification of data.  (a) Subject to the provisions of this section, the personal information of all judicial officials collected, created, or maintained in real property records is private data on individuals, as defined in section 13.02, subdivision 12. 

 

(b) If the responsible authority or government entity violates this section, the remedies and penalties under chapter 13 are available only if the judicial official making a claim previously provided a real property notice that complies with subdivision 3.  If the subject of the data is the spouse, domestic partner, or adult child of a judicial official who does not reside with the judicial official, the remedies and penalties under chapter 13 are available only if the spouse, domestic partner, or adult child previously provided a notification under subdivision 3 to the responsible authority confirming their status as the spouse, domestic partner, or adult child of a judicial official.  In the case of county records, the notification shall be filed with the responsible authority that maintains the personal information for which protection is sought.  A notification submitted under this section is private data on individuals, as defined in section 13.02, subdivision 12.


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Subd. 3.
  Notification.  (a) For the classification in subdivision 2 to apply to personal information in real property records, a judicial official must submit a real property notice in writing to the county recorder in the county where the property identified in the real property notice is located and to the Office of the Secretary of State.  To affect real property records maintained by any other government entity, a judicial official must submit a real property notice in writing to the other government entity's responsible authority.  If the personal information is that of the spouse, domestic partner, or adult child of a judicial official who does not reside with the judicial official, the spouse, domestic partner, or adult child must submit a real property notice.  The real property notice is classified as private data on individuals, as defined in section 13.02, subdivision 12.  A real property notice must be on a form provided by the judicial branch and must include: 

 

(1) the full legal name of the individual submitting the form;

 

(2) the last four digits of the individual's Social Security number;

 

(3) the individual's date of birth;

 

(4) the individual's telephone number and email;

 

(5) the residential address of the individual in Minnesota;

 

(6) the legal description, parcel identification number, and street address, if any, of the real property affected by the notice; and

 

(7) a certification that the individual is a judicial official or the spouse, domestic partner, or adult child of a judicial official that contains the notarized signature of the individual.

 

(b) A notice submitted by a judicial official employed by the state must include the employer's business address and a verification of current employment signed by the employer's human resources office.

 

(c) A notice submitted pursuant to this subdivision by a spouse, domestic partner, or adult child of a judicial official not residing with the judicial official must include a notarized verification that the individual is the spouse, domestic partner, or adult child of a judicial official. 

 

(d) Only one parcel of real property may be included in each notice, but an individual may submit more than one notice.  A government entity may require an individual to provide additional information necessary to identify the records or the real property described in the notice.  An individual submitting a notice must submit a new real property notice if their legal name changes.

 

Subd. 4.  Access to real property records.  (a) If an individual submits a notice under subdivision 3, the county recorder or other government entity must not disclose the individual's personal information in conjunction with the property identified in the written notice, unless:

 

(1) the individual has consented to sharing or dissemination of the personal information for the purpose identified in a writing signed by the individual and acknowledged by a notary public;

 

(2) the personal information is subject to dissemination pursuant to a court order under section 13.03, subdivision 6;

 

(3) the personal information is shared with a government entity for the purpose of administering assessment and taxation laws;


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(4) the personal information is disseminated pursuant to subdivision 5; or

 

(5) the personal information is shared with the examiner of titles or deputy examiner as necessary to perform their statutory duties under chapters 508 and 508A, including the dissemination of personal information in Reports of Examiner.

 

(b) This subdivision does not prevent the county recorder from returning original documents to the person who submitted the documents for recording.  Each county recorder shall establish procedures for recording documents to comply with this subdivision.  These procedures may include masking personal information and making documents or certificates of title containing the personal information private and not viewable except as allowed by this paragraph.  The procedure must comply with the requirements of chapters 386, 507, 508, and 508A, and other laws as appropriate, to the extent these requirements do not conflict with this section.  The procedures must provide public notice of the existence of recorded documents and certificates of title that are not publicly viewable and the provisions for viewing them under this subdivision.  Notice that a document or certificate is private and viewable only under this subdivision or subdivision 5 is deemed constructive notice of the document or certificate.

 

(c) A real property notice submitted under subdivision 3 shall apply retroactively to all online and digital real property records, except digitized or scanned images of tract pages and books, but only to the extent the individual submitting the notice provides the parcel identification number, document number, or certificate of title number of each record for which protection is sought.  Otherwise, paragraph (a) applies only to the real property records recorded or filed concurrently with the real property notice specified in subdivision 3 and to real property records affecting the same real property recorded subsequent to the county recorder or other government entity's receipt of the real property notice.

 

(d) The county recorder or other government entity shall have 60 days from the date of receipt of a real property notice under subdivision 3 to process the request.  If the individual cites exigent circumstances, the county recorder or other government entity shall process the request as soon as practicable.

 

(e) The prohibition on disclosure in paragraph (a) continues until: 

 

(1) the individual has consented to the termination of the real property notice in a writing signed by the individual and acknowledged by a notary public;

 

(2) the real property notice is terminated pursuant to a court order;

 

(3) the individual no longer holds a record interest in the real property identified in the real property notice;

 

(4) the individual is deceased and a certified copy of the death certificate has been filed with the county recorder or other government entity to which a notice was given under subdivision 3; or

 

(5) the judicial official no longer qualifies as a judicial official.  Notification that the judicial official no longer qualifies as a judicial official must be given by the judicial official to each county recorder or other government entity to which a notice under subdivision 3 was given within 90 days after the judicial official no longer qualifies as a judicial official. 

 

(f) Upon termination of the prohibition of disclosure, the county recorder shall make publicly viewable all documents and certificates of title that were previously partially or wholly private and not viewable pursuant to a notice filed under subdivision 3.


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Subd. 5.
  Access to personal information in real property records; title examination.  (a) Upon request, the individual who submitted the real property notice under subdivision 3 shall verify that the individual's real property is the property subject to a bona fide title exam.

 

(b) The county recorder or other government entity shall provide the unredacted real property records of an individual who submitted a real property notice under subdivision 3 upon request of any of the following persons: 

 

(1) a licensed title insurance company representative, a licensed title insurance agent, a licensed abstractor, or an attorney licensed to practice law in Minnesota;

 

(2) a mortgage loan originator;

 

(3) a real estate broker or a real estate salesperson; and

 

(4) an individual or entity that has made or received an offer for the purchase of real property to or from an individual who submitted a real property notice under subdivision 3 whose address is subject to nondisclosure, provided the request is accompanied by a written consent from the individual.

 

(c) A request made under paragraph (a) or (b) must be made on a notarized form and include:

 

(1) the full legal name, title, address, and place of employment, if applicable, of the person requesting the real property records;

 

(2) the lawful purpose for requesting the real property records;

 

(3) the requestor's relationship, if any, to the individual who submitted a real property notice under subdivision 3;

 

(4) the legal description of the property subject to the title examination; and

 

(5) proof of the requestor's licensure.

 

(d) Personal information provided under this subdivision may be used only for the purposes authorized in this subdivision or the lawful purposes set forth in the request for disclosure form and may not be further disseminated to any other person.  However, the dissemination of personal information in real property records by a licensed attorney or any employees in the office of the licensed attorney is permitted when reasonably necessary for the provision of legal services. 

 

Subd. 6.  Service fees to county recorder or other government entity.  The county recorder or any other government entity is authorized to charge the following service fees:

 

(1) up to $75 for each real property notice under subdivision 3;

 

(2) up to $75 for each consent submitted under subdivision 4, paragraph (a), clause (1), and subdivision 4, paragraph (e), clause (1); and

 

(3) up to $75 for each request submitted under subdivision 5.

 

These service fees shall not be considered county recorder fees under section 357.18 or registrar of titles fees under section 508.82 or 508A.82 and shall be deposited into the county recorder or other government entity's general fund.

 

EFFECTIVE DATE.  This section is effective January 1, 2026."


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Delete the title and insert:

 

"A bill for an act relating to state government; providing for judiciary, public safety, corrections, and government data practices policy; establishing Minnesota victims of crime account; modifying certain fees; establishing monetary assessments for certain corporate and individual offender convictions; transferring financial crimes and fraud investigations to the Financial Crimes and Fraud Section in the Bureau of Criminal Apprehension; clarifying Tribal Nation access and use of community services subsidy; amending real property judicial foreclosure law; providing for reports; transferring funds to the Minnesota victims of crime account; reducing certain appropriations; appropriating money for the supreme court, court of appeals, district courts, Board of Civil Legal Aid, State Guardian ad Litem Board, tax court, Uniform Laws Commission, Board on Judicial Standards, Board of Public Defense, Human Rights, Office of Appellate Counsel and Training, Competency Attainment Board, Cannabis Expungement Board, Secretary of State, Sentencing Guidelines Commission, public safety, Peace Officer Standards and Training (POST) Board, Private Detective Board, corrections, ombudsperson for corrections, Clemency Review Commission, children, youth, and families, and the Office of Higher Education; amending Minnesota Statutes 2024, sections 13.03, subdivision 3; 13.32, subdivisions 2, 5; 13.43, subdivision 2; 13.82, subdivision 1; 13.991; 43A.17, subdivision 13; 45.0135, subdivisions 2b, 6, 7, 8, 9, by adding a subdivision; 60A.951, subdivision 2; 60A.952, subdivisions 2, 4, 5; 60A.954, subdivision 2; 60A.956; 65B.84; 142A.76, subdivision 8; 144E.123, subdivision 3; 152.137, subdivisions 1, 2; 244.18, subdivisions 1, 7, 9; 244.19, subdivisions 1c, 1d, 5, 5a; 244.20; 260C.419, subdivisions 2, 3, 4; 268.19, subdivision 1; 268B.30; 297I.11, subdivision 2; 299A.01, by adding a subdivision; 299C.40, subdivision 1; 299F.47, subdivision 2; 401.03; 401.10, subdivision 1, by adding a subdivision; 401.11, subdivision 1; 401.14; 401.15, subdivision 2; 480.243, by adding a subdivision; 480.35, by adding a subdivision; 480.40, subdivisions 1, 3; 480.45, subdivision 2; 484.44; 484.51; 517.08, subdivisions 1b, 1c; 518.68, subdivision 1; 518B.01, subdivision 2; 524.5-420; 580.07, subdivisions 1, 2; 581.02; 595.02, by adding a subdivision; 609.2232; 609.322, subdivision 1; 609.531, subdivision 1; 609.78, subdivision 2c; 611.45, subdivision 3; 611.46, subdivision 2; 611.49, subdivisions 2, 3; 611.55, subdivision 3; 611.56, subdivision 1; 611.59, subdivisions 1, 4; 626.05, subdivision 2; 626.84, subdivision 1; 626.8516, subdivisions 4, 5, 6; 628.26; Laws 2023, chapter 52, article 2, section 3, subdivision 3; article 11, section 31; proposing coding for new law in Minnesota Statutes, chapters 13; 241; 299A; 299C; 401; 480; 609; repealing Minnesota Statutes 2024, sections 45.0135, subdivisions 2a, 2c, 2d, 2e, 2f, 3, 4, 5; 325E.21, subdivision 2b."

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

 

      Stephenson and Torkelson from the Committee on Ways and Means to which was referred:

 

H. F. No. 2563, A bill for an act relating to legacy; appropriating money from outdoor heritage, clean water, parks and trails, and arts and cultural heritage funds; extending prior appropriations; providing for leveraging federal grant money; modifying reporting requirements; modifying accountability provisions; amending Minnesota Statutes 2024, sections 97A.056, by adding a subdivision; 114D.30, subdivision 7; 129D.17, subdivision 2, by adding a subdivision; Laws 2023, chapter 40, article 4, section 2, subdivision 6.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.


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       Stephenson and Torkelson from the Committee on Ways and Means to which was referred:

 

H. F. No. 3023, A bill for an act relating to unemployment insurance; adopting additional benefits for certain iron ore mining employees.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.

 

 

SECOND READING OF HOUSE BILLS

 

 

      H. F. Nos. 1615, 2432, 2563 and 3023 were read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

      Schwartz introduced:

 

H. F. No. 3225, A bill for an act relating to capital investment; appropriating money for water treatment facility improvements in the city of St. Peter; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on Capital Investment.

 

 

Kresha introduced:

 

H. F. No. 3226, A bill for an act relating to liquor; modifying certain license restrictions; amending Minnesota Statutes 2024, section 340A.22, subdivision 2.

 

The bill was read for the first time and referred to the Committee on Commerce Finance and Policy.

 

 

Kresha introduced:

 

H. F. No. 3227, A bill for an act relating to state government; requiring plain language in written materials for state-issued professional licensing; requiring a report; proposing coding for new law in Minnesota Statutes, chapter 15.

 

The bill was read for the first time and referred to the Committee on State Government Finance and Policy.

 

 

Baker, Berg and Wolgamott introduced:

 

H. F. No. 3228, A bill for an act relating to workers' compensation; adopting recommendations from the Workers' Compensation Advisory Council; amending Minnesota Statutes 2024, sections 176.011, subdivisions 9, 11; 176.041, subdivision 1; 176.135, subdivision 1; 176.151; 176.175, subdivision 2; 176.361, subdivision 2; 176.421, subdivision 4; repealing Minnesota Rules, part 5220.2840.


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The bill was read for the first time and referred to the Committee on Workforce, Labor, and Economic Development Finance and Policy.

 

 

Rarick and Igo introduced:

 

H. F. No. 3229, A bill for an act relating to energy; requiring spent fuel located at Prairie Island to be transferred to another site for storage; authorizing additional storage to be constructed at the Monticello nuclear generating plant; authorizing the public utility to withhold money from the renewable development account to pay for the cost to transport spent fuel; amending Minnesota Statutes 2024, sections 116C.771; 116C.777; 116C.779, subdivision 1, by adding a subdivision; repealing Minnesota Statutes 2024, sections 116C.779, subdivision 2; 216C.41.

 

The bill was read for the first time and referred to the Committee on Energy Finance and Policy.

 

 

Moller introduced:

 

H. F. No. 3230, A bill for an act relating to public safety; establishing the public safety radio and crime victims account; requiring a report; appropriating money; amending Minnesota Statutes 2024, sections 403.11, subdivisions 1, 1a; 403.113, subdivision 1; 403.161, subdivisions 1, 3, 5, 6; 403.162, subdivisions 1, 5; proposing coding for new law in Minnesota Statutes, chapter 403.

 

The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy.

 

 

Feist introduced:

 

H. F. No. 3231, A bill for an act relating to education; modifying provisions for charter school authorizers; amending Minnesota Statutes 2024, sections 124E.05, subdivision 2; 124E.07, subdivisions 3, 6; 124E.10, subdivision 4; 124E.13, subdivision 3; 124E.17, subdivisions 1, 2.

 

The bill was read for the first time and referred to the Committee on Education Policy.

 

 

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. 129, A bill for an act relating to public safety; requiring director of child sex trafficking prevention to submit a program evaluation each odd-numbered year to the legislature; amending Minnesota Statutes 2024, section 145.4718.

Thomas S. Bottern, Secretary of the Senate


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Madam Speaker:

 

I hereby announce the passage by the Senate of the following House File, herewith returned: 

 

H. F. No. 747, A bill for an act relating to business organizations; modifying the Minnesota Business Corporation Act; amending Minnesota Statutes 2024, sections 302A.011, subdivision 41, by adding subdivisions; 302A.111, subdivision 2; 302A.161, by adding a subdivision; 302A.181, by adding a subdivision; 302A.201, subdivision 1; 302A.237, by adding a subdivision; 302A.361; 302A.461, subdivision 4; 302A.471, subdivisions 1, 3; 302A.611, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 302A.

 

Thomas S. Bottern, Secretary of the Senate

 

 

Madam Speaker:

 

I hereby announce the passage by the Senate of the following House File, herewith returned: 

 

H. F. No. 1346, A bill for an act relating to maltreatment; modifying training requirements for mandatory reporters; amending Minnesota Statutes 2024, section 260E.065.

 

Thomas S. Bottern, Secretary of the Senate

 

 

Madam Speaker:

 

I hereby announce the passage by the Senate of the following House File, herewith returned: 

 

H. F. No. 1792, A bill for an act relating to contracts for deed; modifying definition of investor seller; making technical changes; amending Minnesota Statutes 2024, sections 272.12; 559.21, subdivision 4; 559A.01, subdivisions 3, 5, by adding a subdivision; 559A.03, subdivision 3; 559A.04, subdivision 4.

 

Thomas S. Bottern, Secretary of the Senate

 

 

Madam Speaker:

 

I hereby announce the passage by the Senate of the following House File, herewith returned: 

 

H. F. No. 2184, A bill for an act relating to court fees; exempting the Office of Ombudsperson for American Indian Families from court fee requirements; amending Minnesota Statutes 2024, section 357.021, subdivision 1a.

 

Thomas S. Bottern, Secretary of the Senate

 

 

Madam Speaker:

 

I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:

 

S. F. Nos. 2298 and 2847.

 

Thomas S. Bottern, Secretary of the Senate


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FIRST READING OF SENATE BILLS

 

 

S. F. No. 2298, A bill for an act relating to housing; establishing budget for Minnesota Housing Finance Agency; making policy, finance, and technical changes to housing provisions; establishing a task force on homeowners and commercial property insurance; removing certain real property recording fees; transferring money; requiring a report; appropriating money; amending Minnesota Statutes 2024, sections 327C.095, subdivision 12; 462A.051, subdivision 2; 462A.07, subdivision 19, by adding a subdivision; 462A.2095, subdivision 3; 462A.222, by adding a subdivision; 462A.33, subdivisions 2, 9; 462A.40, subdivision 3; 507.18, subdivisions 5, 6; Laws 2023, chapter 37, article 1, section 2, subdivisions 20, 21, 29, as amended; article 2, section 10; proposing coding for new law in Minnesota Statutes, chapter 462A; repealing Minnesota Statutes 2024, sections 16A.287; 462A.43.

 

The bill was read for the first time and referred to the Committee on Ways and Means. 

 

 

S. F. No. 2847, A bill for an act relating to commerce; modifying various statutory forms pertaining to garnishment; amending Minnesota Statutes 2024, sections 550.136, subdivisions 6, 9; 550.143, subdivisions 2, 3a, 3b, 3c; 551.05, subdivisions 1b, 1c, 1d; 551.06, subdivisions 6, 9; 571.72, subdivisions 8, 10; 571.74; 571.75, subdivision 2; 571.912; 571.914, subdivision 2; 571.925; 571.931, subdivision 6; 571.932, subdivision 2; Laws 2024, chapter 114, article 3, section 101.

 

The bill was read for the first time. 

 

Reyer moved that S. F. No. 2847 and H. F. No. 2543, now on the General Register, be referred to the Chief Clerk for comparison.  The motion prevailed.

 

 

REPORT FROM THE COMMITTEE ON RULES

AND LEGISLATIVE ADMINISTRATION

 

      Niska 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 Thursday, April 24, 2025 and established a prefiling requirement for amendments offered to the following bills:

 

      H. F. No. 2446; and S. F. No. 571.

 

 

MOTIONS AND RESOLUTIONS

 

 

      Virnig moved that the name of Myers be added as an author on H. F. No. 51.  The motion prevailed.

 

      Davids moved that the name of Warwas be added as an author on H. F. No. 200.  The motion prevailed.

 

      Myers moved that the name of Stier be added as an author on H. F. No. 2201.  The motion prevailed.

 

      Mekeland moved that the name of Schultz be added as an author on H. F. No. 3151.  The motion prevailed.

 

      Allen moved that the name of Allen be stricken as an author on H. F. No. 3219.  The motion prevailed.

 

      Greene moved that H. F. No. 3220 be recalled from the Committee on Education Finance and be re-referred to the Committee on Capital Investment.  The motion prevailed.


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       Niska 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 message was received from the Senate:

 

 

Madam Speaker:

 

I have the honor to announce that the Senate has appointed a committee of five members of the Senate to act with a like committee on the part of the House of Representatives to escort the Honorable Tim Walz, Governor of the State of Minnesota, to the House Chamber on the occasion of the Joint Convention on Wednesday, April 23, 2025, at 7:00 p.m.

 

Senators Clark, Duckworth, Mann, Nelson and Xiong have been appointed as members of such committee on the part of the Senate.

 

Thomas S. Bottern, Secretary of the Senate

 

 

      The Sergeant at Arms announced the arrival of the members of the Senate and they were escorted to the seats reserved for them at the front of the Chamber.

 

 

JOINT CONVENTION

 

      The Speaker of the House as President of the Joint Convention called the Joint Convention to order.

 

 

      Prayer was offered by Colonel Buddy Winn, State Chaplain, Minnesota National Guard, St. Paul, Minnesota.

 

      The roll being called the following Senators answered to their names:  Abeler, Anderson, Bahr and Boldon.

 

      Senator Murphy moved that further proceedings of the roll call be dispensed with.  The motion prevailed and a quorum was declared present.


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       The Sergeant at Arms announced the arrival of the Honorable Natalie E. Hudson, Chief Justice of the Supreme Court, and the Honorable Associate Justices of the Supreme Court, and the Honorable Jennifer L. Frisch, Chief Judge of the Court of Appeals of the State of Minnesota.  They were escorted to the seats reserved for them near the rostrum.

 

 

      The Sergeant at Arms announced the arrival of the Constitutional Officers of the State of Minnesota:  Steve Simon, Secretary of State; Julie Blaha, State Auditor and Keith Ellison, Attorney General.  The Constitutional Officers were escorted to the seats reserved for them.

 

 

      The Sergeant at Arms announced the arrival of the Honorable Betty McCollum, United States Representative from the Fourth Congressional District.  The Representative was escorted to the seat reserved for her. 

 

 

      The Sergeant at Arms announced the arrival of the Honorable Peggy Flanagan, Lieutenant Governor of the State of Minnesota.  The Lieutenant Governor was escorted to the seat reserved for her at the rostrum.

 

 

      The Sergeant at Arms announced the arrival of the Honorable Tim Walz, Governor of the State of Minnesota, and his official party.  The Governor was escorted to the rostrum by the appointed committees.

 

 

ADDRESS BY THE GOVERNOR

 

      As President of the Joint Convention, the Honorable Lisa Demuth presented the Honorable Tim Walz, Governor of the State of Minnesota, to deliver his "State of the State Address" to the members of the Joint Convention and their guests.

 

 

      Following the address, Senator Murphy moved that the Joint Convention adjourn.  The motion prevailed and the President declared the Joint Convention adjourned.

 

 

RECONVENED

 

      The House reconvened and was called to order by the Speaker.

 

 

ANNOUNCEMENT BY THE SPEAKER

Pursuant to Rule 1.15(c)

 

      A message from the Senate has been received requesting concurrence by the House to amendments adopted by the Senate to the following House File:

 

      H. F. No. 1014.


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ADJOURNMENT

 

      Niska moved that when the House adjourns today it adjourn until 11:00 a.m., Thursday, April 24, 2025.  The motion prevailed.

 

      Niska moved that the House adjourn.  The motion prevailed, and the Speaker declared the House stands adjourned until 11:00 a.m., Thursday, April 24, 2025.

 

 

Patrick Duffy Murphy, Chief Clerk, House of Representatives