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.
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.
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 |
(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. 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.
|
|
|
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
|
(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.
(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.
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.
|
|
|
|
|
$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.
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.
(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.
(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.
(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.
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.
$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.
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
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.
(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
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.
(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.
(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.
(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.
(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.
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
(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;
(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.
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.
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;
(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.
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
(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.
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:
(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.
(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.
(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.
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.
(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.
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.
(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
(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.
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.
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.
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.
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.
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.
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.
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
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;
(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.
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;
(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;
(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.
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.
(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.
(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.
(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.
(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.
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.
(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.
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.
(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.
(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;
(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
(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).
(1)
real property records as defined in section13.045, 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;
(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.;
(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.
(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.
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;
(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.
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."
"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.
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.
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
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
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.
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.
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.
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