Journal of the House - 83rd Day - Thursday, April 19, 2018 - Top of Page 8185

STATE OF MINNESOTA

 

Journal of the House

 

NINETIETH SESSION - 2018

 

_____________________

 

EIGHTY-THIRD DAY

 

Saint Paul, Minnesota, Thursday, April 19, 2018

 

 

      The House of Representatives convened at 3:30 p.m. and was called to order by Kurt Daudt, Speaker of the House.

 

      Prayer was offered by the Reverend John Crosby, Christ Presbyterian Church, Edina, Minnesota.

 

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

 

      The roll was called and the following members were present:

 


Albright

Allen

Anderson, P.

Anderson, S.

Anselmo

Backer

Bahr, C.

Baker

Barr, R.

Becker-Finn

Bennett

Bernardy

Bliss

Bly

Carlson, A.

Carlson, L.

Christensen

Clark

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Ecklund

Erickson

Fabian

Fenton

Fischer

Franke

Franson

Freiberg

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Jessup

Johnson, B.

Johnson, C.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Mariani

Marquart

Masin

Maye Quade

McDonald

Metsa

Miller

Moran

Munson

Murphy, E.

Murphy, M.

Nash

Nelson

Neu

Newberger

Nornes

O'Driscoll

Olson

O'Neill

Pelowski

Peppin

Petersburg

Peterson

Pierson

Pinto

Poppe

Poston

Pryor

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sandstede

Sauke

Schomacker

Schultz

Scott

Sundin

Swedzinski

Theis

Thissen

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

West

Whelan

Wills

Youakim

Zerwas

Spk. Daudt


 

      A quorum was present.

 

      Applebaum; Considine; Drazkowski; Flanagan; Johnson, S.; Lesch; Omar; Slocum and Smith were excused.

 

      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.


Journal of the House - 83rd Day - Thursday, April 19, 2018 - Top of Page 8186

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Johnson, B., from the Committee on Public Safety and Security Policy and Finance to which was referred:

 

H. F. No. 2856, A bill for an act relating to public safety; expanding the list of prior offenses that support a conviction of first-degree driving while impaired; amending Minnesota Statutes 2016, section 169A.24, subdivision 1.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

APPROPRIATIONS

 

Section 1.  APPROPRIATIONS. 

 

The sums shown in the column under "Appropriations" are added to the appropriations in Laws 2017, chapter 95, article 1, to the agencies and for the purposes specified in this article.  The appropriations are from the general fund, or another named fund, and are available for the fiscal years indicated for each purpose.  The figures "2018" and "2019" used in this article mean that the addition to the appropriation listed under them is available for the fiscal year ending June 30, 2018, or June 30, 2019, respectively.  "The first year" is fiscal year 2018.  "The second year" is fiscal year 2019.  Appropriations for the fiscal year ending June 30, 2018, are effective the day following final enactment.

 

 

 

 

APPROPRIATIONS

 

 

 

Available for the Year

 

 

 

Ending June 30

 

 

 

2018

2019

 

Sec. 2.  SUPREME COURT

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

$182,000

 

$0

 

Subd. 2.  Stays of Adjudication Implementation

 

 

 

 

 

$182,000 in fiscal year 2018 is for case management system development.

 

Any unencumbered balance remaining in the first year does not cancel and is available in the second year.

 

Sec. 3.  DISTRICT COURTS

 

$0

 

$618,000

 

Ignition Interlock Implementation.  $618,000 in fiscal year 2019 is for one judge unit and two additional court administrative clerks.  The general fund base for this appropriation shall be $585,000 beginning in fiscal year 2020.


Journal of the House - 83rd Day - Thursday, April 19, 2018 - Top of Page 8187

Sec. 4.  GUARDIAN AD LITEM BOARD

 

$0

 

$3,667,000

 

To hire additional guardians ad litem to comply with federal and state mandates and court orders for representing the best interests of children in juvenile and family court proceedings.

 

Sec. 5.  BOARD OF PUBLIC DEFENSE

 

$0

 

$850,000

 

Additional Staff.  $850,000 is for additional staffing.  The general fund base for this appropriation shall be $2,966,000 beginning in fiscal year 2020.

 

Sec. 6.  PUBLIC SAFETY

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

$0

 

$253,000

 

Appropriations by Fund

 

 

2018

 

2019

General

0

118,000

Driver Services Fund

0

135,000

 

Subd. 2.  Vulnerable Adults Working Group

 

 

 

 

 

$39,000 in fiscal year 2019 is appropriated from the general fund to the commissioner of public safety for purposes of the working group examining crimes against vulnerable adults.

 

Subd. 3.  Funding for the Task Force on Missing and Murdered Indigenous Women

 

 

 

 

$79,000 in fiscal year 2019 is appropriated from the general fund to the commissioner of public safety to implement Minnesota Statutes, section 299A.90, relating to the Task Force on Missing and Murdered Indigenous Women.  The general fund base for this appropriation shall be $70,000 in fiscal year 2020 and $0 in fiscal year 2021.

 

Subd. 4.  Ignition Interlock

 

 

 

 

 

$135,000 in fiscal year 2019 is appropriated from the driver services fund for increased use of ignition interlock.  The base for this appropriation shall be $125,000 beginning in fiscal year 2020.


Journal of the House - 83rd Day - Thursday, April 19, 2018 - Top of Page 8188

Sec. 7.  CORRECTIONS

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

$0

 

$1,500,000

 

Subd. 2.  Department of Corrections Intensive Supervision

 

 

 

 

$500,000 in fiscal year 2019 is to fund the Department of Corrections intensive supervised release agents needed to supervise offenders placed on intensive probation pursuant to Minnesota Statutes, section 609.3455, subdivision 8a.

 

Subd. 3.  Community Corrections Act Intensive Probation

 

 

 

 

$1,000,000 in fiscal year 2019 is for county probation officer reimbursement, as described in Minnesota Statutes, section 401.10, to provide supervision to offenders placed on intensive probation pursuant to Minnesota Statutes, section 609.3455, subdivision 8a.

 

The general fund base for this program shall be increased by $915,000 in fiscal year 2020 and $2,885,000 in fiscal year 2021 for ongoing intensive probation costs.

 

Sec. 8.  DEPARTMENT OF HUMAN SERVICES

 

$0

 

$12,000

 

Nonpaternity Action.  $12,000 in fiscal year 2019 is appropriated to the commissioner for state costs to update a paternity training video.

 

ARTICLE 2

COURTS

 

Section 1.  Minnesota Statutes 2016, section 257.57, subdivision 1, is amended to read:

 

Subdivision 1.  Actions under section 257.55, subdivision 1, paragraph (a), (b), or (c).  A child, the child's biological mother, or a man presumed to be the child's father under section 257.55, subdivision 1, paragraph (a), (b), or (c) may bring an action:

 

(1) at any time for the purpose of declaring the existence of the father and child relationship presumed under section 257.55, subdivision 1, paragraph (a), (b), or (c); or

 

(2) for the purpose of declaring the nonexistence of the father and child relationship presumed under section 257.55, subdivision 1, paragraph (a), (b), or (c), only if the action is brought within two three years after the person bringing the action has reason to believe that the presumed father is not the father of the child, but in no event later than three years after the child's birth.  However, if the presumed father was divorced from the child's mother and if, on or before the 280th day after the judgment and decree of divorce or dissolution became final, he did not know that the child was born during the marriage or within 280 days after the marriage was terminated, the action is not barred until one year after the child reaches the age of majority or one year three years after the presumed father knows or reasonably should have known of the birth of the child, whichever is earlier.  After the presumption has been rebutted, paternity of the child by another man may be determined in the same action, if he has been made a party.


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Sec. 2.  Minnesota Statutes 2016, section 257.57, subdivision 2, is amended to read:

 

Subd. 2.  Actions under other paragraphs of section 257.55, subdivision 1.  The child, the mother, or personal representative of the child, the public authority chargeable by law with the support of the child, the personal representative or a parent of the mother if the mother has died or is a minor, a man alleged or alleging himself to be the father, or the personal representative or a parent of the alleged father if the alleged father has died or is a minor may bring an action:

 

(1) at any time for the purpose of declaring the existence of the father and child relationship presumed under sections 257.55, subdivision 1, paragraph (d), (e), (g), or (h), and 257.62, subdivision 5, paragraph (b), or the nonexistence of the father and child relationship presumed under section 257.55, subdivision 1, clause (d);

 

(2) for the purpose of declaring the nonexistence of the father and child relationship presumed under section 257.55, subdivision 1, paragraph (d), only if the action is brought within three years from when the presumed father began holding the child out as his own;

 

(3) for the purpose of declaring the nonexistence of the father and child relationship presumed under section 257.55, subdivision 1, paragraph (e) or (g), only if the action is brought within six months three years after the person bringing the action obtains the results of blood or genetic tests that indicate that the presumed father is not the father of the child has reason to believe that the presumed father is not the biological father;

 

(3) (4) for the purpose of declaring the nonexistence of the father and child relationship presumed under section 257.62, subdivision 5, paragraph (b), only if the action is brought within three years after the party bringing the action, or the party's attorney of record, has been provided the blood or genetic test results; or

 

(4) (5) for the purpose of declaring the nonexistence of the father and child relationship presumed under section 257.75, subdivision 9, only if the action is brought by the minor signatory within six months three years after the youngest minor signatory reaches the age of 18 or three years after the person bringing the action has reason to believe that the father is not the biological father of the child, whichever is later.  In the case of a recognition of parentage executed by two minor signatories, the action to declare the nonexistence of the father and child relationship must be brought within six months after the youngest signatory reaches the age of 18.

 

Sec. 3.  Minnesota Statutes 2016, section 257.57, is amended by adding a subdivision to read:

 

Subd. 7.  Nonexistence of father-child relationship.  (a) An action to declare the nonexistence of the father-child relationship must be personally served on all parties and meet the requirements of either subdivision 1 or 2.  An action must be brought by a petition, except that a motion may be filed in an underlying action regarding parentage, custody, or parenting time.

 

(b) An action to declare the nonexistence of the father-child relationship cannot proceed if the court finds that in a previous proceeding:

 

(1) the father-child relationship was contested and a court order determined the existence of the father-child relationship; or

 

(2) the father-child relationship was determined based upon a court order as a result of a stipulation or joint petition of the parties.

 

(c) Nothing in this subdivision precludes a party from relief under section 518.145, subdivision 2, clauses (1) to (3), if applicable, or the Minnesota Rules of Civil Procedure.


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(d) In evaluating whether or not to declare the nonexistence of the father-child relationship, the court must consider, evaluate, and make written findings on the following factors:

 

(1) the length of time between the paternity adjudication or presumption of paternity and the time that the moving party knew or should have known that the presumed or adjudicated father might not be the biological father;

 

(2) the length of time during which the presumed or adjudicated father has assumed the role of father of the child;

 

(3) the facts surrounding the moving party's discovery of the presumed or adjudicated father's possible nonpaternity;

 

(4) the nature of the relationship between the child and the presumed or adjudicated father;

 

(5) the current age of the child;

 

(6) the harm or benefit that may result to the child if the court ends the father-child relationship of the current presumed or adjudicated father;

 

(7) the nature of the relationship between the child and any presumed or adjudicated father;

 

(8) the parties' agreement to the nonexistence of the father-child relationship and adjudication of paternity in the same action;

 

(9) the extent to which the passage of time reduces the chances of establishing paternity of another man and a child support order for that parent;

 

(10) the likelihood of adjudication of the biological father if not already joined in this action; and

 

(11) any additional factors deemed to be relevant by the court.

 

(e) The burden of proof shall be on the petitioner to show by clear and convincing evidence that, after consideration of the factors in paragraph (d), declaring the nonexistence of the father-child relationship is in the child's best interests.

 

(f) The court may grant the relief in the petition or motion upon finding that:

 

(1) the moving party has met the requirements of this section;

 

(2) the genetic testing results were properly conducted in accordance with section 257.62;

 

(3) the presumed or adjudicated father has not adopted the child;

 

(4) the child was not conceived by artificial insemination that meets the requirements under section 257.56 or that the presumed or adjudicated father voluntarily agreed to the artificial insemination; and

 

(5) the presumed or adjudicated father did not act to prevent the biological father of the child from asserting his parental rights with respect to the child.


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(g) Upon granting the relief sought in the petition or motion, the court shall order the following:

 

(1) the father-child relationship has ended and the presumed or adjudicated father's parental rights and responsibilities end upon the granting of the petition;

 

(2) the presumed or adjudicated father's name shall be removed from the minor child's birth record and a new birth certificate shall be issued upon the payment of any fees;

 

(3) the presumed or adjudicated father's obligation to pay ongoing child support shall be terminated, effective on the first of the month after the petition or motion was served;

 

(4) any unpaid child support due prior to service of the petition or motion remains due and owing absent an agreement of all parties including the public authority, or the court determines other relief is appropriate under the Rules of Civil Procedure; and

 

(5) the presumed or adjudicated father has no right to reimbursement of past child support paid to the mother, the public authority, or any other assignee of child support.

 

The order must include the provisions of section 257.66 if another party to the action is adjudicated as the father of the child.

 

Sec. 4.  Minnesota Statutes 2016, section 257.75, subdivision 4, is amended to read:

 

Subd. 4.  Action to vacate recognition.  (a) An action to vacate a recognition of paternity may be brought by the mother, father, husband or former husband who executed a joinder, or the child.  An action to vacate a recognition of parentage may be brought by the public authority.  A mother, father, or husband or former husband who executed a joinder must bring the action within one year of the execution of the recognition or within six months after the person bringing the action obtains the results of blood or genetic tests that indicate that the man who executed the recognition is not the father of the child three years after the person bringing the action has reason to believe that the father is not the biological father of the child.  A child must bring an action to vacate within six months three years after the child obtains the result of blood or genetic tests that indicate that has reason to believe the man who executed the recognition is not the biological father of the child, or within one year of reaching the age of majority, whichever is later.  If the court finds a prima facie basis for vacating the recognition, the court shall order the child, mother, father, and husband or former husband who executed a joinder to submit to blood genetic tests.  If the court issues an order for the taking of blood genetic tests, the court shall require the party seeking to vacate the recognition to make advance payment for the costs of the blood genetic tests, unless the parties agree and the court finds that the previous genetic test results exclude the man who executed the recognition as the biological father of the child.  If the party fails to pay for the costs of the blood genetic tests, the court shall dismiss the action to vacate with prejudice.  The court may also order the party seeking to vacate the recognition to pay the other party's reasonable attorney fees, costs, and disbursements.  If the results of the blood genetic tests establish that the man who executed the recognition is not the father, the court shall vacate the recognition.  Notwithstanding the vacation of the recognition, the court may adjudicate the man who executed the recognition under any other applicable paternity presumption under section 257.55.  If a recognition is vacated, any joinder in the recognition under subdivision 1a is also vacated.  The court shall terminate the obligation of a party to pay ongoing child support based on the recognition.  A modification of child support based on a recognition may be made retroactive with respect to any period during which the moving party has pending a motion to vacate the recognition but only from the date of service of notice of the motion on the responding party.


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(b) The burden of proof in an action to vacate the recognition is on the moving party.  The moving party must request the vacation on the basis of fraud, duress, or material mistake of fact.  The legal responsibilities in existence at the time of an action to vacate, including child support obligations, may not be suspended during the proceeding, except for good cause shown.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to recognition of parentage signed on or after that date.

 

Sec. 5.  Minnesota Statutes 2017 Supplement, section 260C.163, subdivision 3, is amended to read:

 

Subd. 3.  Appointment of counsel.  (a) The child, parent, guardian or custodian has the right to effective assistance of counsel in connection with a proceeding in juvenile court as provided in this subdivision.

 

(b) Except in proceedings where the sole basis for the petition is habitual truancy, if the child desires counsel but is unable to employ it, the court shall appoint counsel to represent the child who is ten years of age or older under section 611.14, clause (4), or other counsel at public expense.

 

(c) Except in proceedings where the sole basis for the petition is habitual truancy, if the parent, guardian, or custodian desires counsel but is unable to employ it, the court shall appoint counsel to represent the parent, guardian, or custodian in any case in which it feels that such an appointment is appropriate if the person would be financially unable to obtain counsel under the guidelines set forth in section 611.17.  Court appointed counsel shall be at county expense as outlined in paragraph (h).

 

(d) In any proceeding where the subject of a petition for a child in need of protection or services is ten years of age or older, the responsible social services agency shall, within 14 days after filing the petition or at the emergency removal hearing under section 260C.178, subdivision 1, if the child is present, fully and effectively or no later than the admit-deny hearing pursuant to Rule 34 of the Minnesota Rules of Juvenile Protection Procedure, inform the child of the child's right to be represented by appointed counsel upon request and shall notify the court as to whether the child desired does or does not desire counsel.  The agency is not required to inform the child of the right to be represented by appointed counsel if the court has already appointed counsel to represent the child.  Information provided to the child shall include, at a minimum, the fact that counsel will be provided without charge to the child, that the child's communications with counsel are confidential, and that the child has the right to participate in all proceedings on a petition, including the opportunity to personally attend all hearings.  The responsible social services agency shall also, within 14 days of the child's tenth birthday, fully and effectively inform the child of the child's right to be represented by counsel no later than the first court hearing after the child's tenth birthday, if the child reaches the age of ten years while the child is the subject of a petition for a child in need of protection or services or is a child under the guardianship of the commissioner.

 

(e) In any proceeding where the sole basis for the petition is habitual truancy, the child, parent, guardian, and custodian do not have the right to appointment of a public defender or other counsel at public expense.  However, before any out-of-home placement, including foster care or inpatient treatment, can be ordered, the court must appoint a public defender or other counsel at public expense in accordance with this subdivision.

 

(f) Counsel for the child shall not also act as the child's guardian ad litem.

 

(g) In any proceeding where the subject of a petition for a child in need of protection or services is not represented by an attorney, the court shall determine the child's preferences regarding the proceedings, including informing the child of the right to appointed counsel and asking whether the child desires counsel, if the child is of suitable age to express a preference.


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(h) Court-appointed counsel for the parent, guardian, or custodian under this subdivision is at county expense.  If the county has contracted with counsel meeting qualifications under paragraph (i), the court shall appoint the counsel retained by the county, unless a conflict of interest exists.  If a conflict exists, after consulting with the chief judge of the judicial district or the judge's designee, the county shall contract with competent counsel to provide the necessary representation.  The court may appoint only one counsel at public expense for the first court hearing to represent the interests of the parents, guardians, and custodians, unless, at any time during the proceedings upon petition of a party, the court determines and makes written findings on the record that extraordinary circumstances exist that require counsel to be appointed to represent a separate interest of other parents, guardians, or custodians subject to the jurisdiction of the juvenile court.

 

(i) Counsel retained by the county under paragraph (h) must meet the qualifications established by the Judicial Council in at least one of the following:  (1) has a minimum of two years' experience handling child protection cases; (2) has training in handling child protection cases from a course or courses approved by the Judicial Council; or (3) is supervised by an attorney who meets the minimum qualifications under clause (1) or (2).

 

Sec. 6.  Minnesota Statutes 2017 Supplement, section 260C.163, subdivision 10, is amended to read:

 

Subd. 10.  Waiver.  (a) Waiver of any right which a child has under this chapter must be an express waiver made voluntarily, intelligently, and in writing by the child after the child has been fully and effectively informed of the right to counsel and after consulting with an appointed attorney.

 

(b) Waiver of a child's right to be represented by counsel provided under the juvenile court rules in subdivision 3, paragraph (b), must be an express waiver made voluntarily, intelligently, and on the record or in writing by the child after the child has been fully and effectively informed of the right being waived by the responsible social services agency and in accordance with subdivision 3, paragraph (d), or after consultation with an appointed attorney.  In determining whether a child has voluntarily and intelligently waived the right to counsel, the court shall look to the totality of the circumstances which includes but is not limited to the child's age, maturity, intelligence, education, experience, and ability to comprehend, and the presence and competence of the child's parents, guardian, or guardian ad litem.  The court shall not permit the child's parent, other person legally responsible for the child's care, or the child's guardian ad litem to waive the child's right to be represented by counsel.  If the court accepts the child's waiver, it shall state on the record the findings and conclusions that form the basis for its decision to accept the waiver.

 

(c) A child may revoke a waiver under this section at any time in any juvenile protection proceeding listed in section 260C.001, subdivision 1, paragraph (b).

 

Sec. 7.  Minnesota Statutes 2017 Supplement, section 357.021, subdivision 2, is amended to read:

 

Subd. 2.  Fee amounts.  The fees to be charged and collected by the court administrator shall be as follows:

 

(1) In every civil action or proceeding in said court, including any case arising under the tax laws of the state that could be transferred or appealed to the Tax Court, the plaintiff, petitioner, or other moving party shall pay, when the first paper is filed for that party in said action, a fee of $285, except in:  (i) marriage dissolution actions the fee is $315.; and (ii) an action to renew a judgment on a consumer credit transaction as defined in section 491A.01 the fee is $40 when the judgment has not been satisfied and is begun within ten years after the entry of the judgment and the action is brought by the original creditor and not a subsequent assignee of the creditor.

 

The defendant or other adverse or intervening party, or any one or more of several defendants or other adverse or intervening parties appearing separately from the others, shall pay, when the first paper is filed for that party in said action, a fee of $285, except in:  (i) marriage dissolution actions the fee is $315; and (ii) an action to renew a judgment on a consumer credit transaction as defined in section 491A.01 the fee is $40 when the judgment has not


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been satisfied and is begun within ten years after the entry of the judgment and the action is brought by the original creditor and not a subsequent assignee of the creditor.  This subdivision does not apply to the filing of an Application for Discharge of Judgment.  Section 548.181 applies to an Application for Discharge of Judgment.

 

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

 

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

 

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

 

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

 

(4) Filing a motion or response to a motion in civil, family, excluding child support, and guardianship cases, $75.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(12) For recording notary commission, $20.

 

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

 

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

 

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

 

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

 

Sec. 8.  Minnesota Statutes 2016, section 518.145, subdivision 2, is amended to read:

 

Subd. 2.  Reopening.  On motion and upon terms as are just, the court may relieve a party from a judgment and decree, order, or proceeding under this chapter, except for provisions dissolving the bonds of marriage, annulling the marriage, or directing that the parties are legally separated, and may order a new trial or grant other relief as may be just for the following reasons:


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(1) mistake, inadvertence, surprise, or excusable neglect;

 

(2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under the Rules of Civil Procedure, rule 59.03;

 

(3) fraud, whether denominated intrinsic or extrinsic, misrepresentation, or other misconduct of an adverse party;

 

(4) the judgment and decree or order is void; or

 

(5) the judgment has been satisfied, released, or discharged, or a prior judgment and decree or order upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment and decree or order should have prospective application.

 

The motion must be made within a reasonable time, and for a reason under clause (1), (2), or (3), other than a motion to declare the nonexistence of the father-child relationship, not more than one year after the judgment and decree, order, or proceeding was entered or taken.  An action to declare the nonexistence of the father-child relationship must be made within a reasonable time under clause (1), (2), or (3), and not more than three years after the person bringing the action has reason to believe that the father is not the father of the child.  A motion under this subdivision does not affect the finality of a judgment and decree or order or suspend its operation.  This subdivision does not limit the power of a court to entertain an independent action to relieve a party from a judgment and decree, order, or proceeding or to grant relief to a party not actually personally notified as provided in the Rules of Civil Procedure, or to set aside a judgment for fraud upon the court.

 

Sec. 9.  Minnesota Statutes 2016, section 549.09, subdivision 1, is amended to read:

 

Subdivision 1.  When owed; rate.  (a) When a judgment or award is for the recovery of money, including a judgment for the recovery of taxes, interest from the time of the verdict, award, or report until judgment is finally entered shall be computed by the court administrator or arbitrator as provided in paragraph (c), clause (1), regardless of the amount and added to the judgment or award.

 

(b) Except as otherwise provided by contract or allowed by law, preverdict, preaward, or prereport interest on pecuniary damages shall be computed as provided in paragraph (c), clause (1), regardless of the amount from the time of the commencement of the action or a demand for arbitration, or the time of a written notice of claim, whichever occurs first, except as provided herein.  The action must be commenced within two years of a written notice of claim for interest to begin to accrue from the time of the notice of claim.  If either party serves a written offer of settlement, the other party may serve a written acceptance or a written counteroffer within 30 days.  After that time, interest on the judgment or award shall be calculated by the judge or arbitrator in the following manner.  The prevailing party shall receive interest on any judgment or award from the time of commencement of the action or a demand for arbitration, or the time of a written notice of claim, or as to special damages from the time when special damages were incurred, if later, until the time of verdict, award, or report only if the amount of its offer is closer to the judgment or award than the amount of the opposing party's offer.  If the amount of the losing party's offer was closer to the judgment or award than the prevailing party's offer, the prevailing party shall receive interest only on the amount of the settlement offer or the judgment or award, whichever is less, and only from the time of commencement of the action or a demand for arbitration, or the time of a written notice of claim, or as to special damages from when the special damages were incurred, if later, until the time the settlement offer was made.  Subsequent offers and counteroffers supersede the legal effect of earlier offers and counteroffers.  For the purposes of clause (2), the amount of settlement offer must be allocated between past and future damages in the same proportion as determined by the trier of fact.  Except as otherwise provided by contract or allowed by law, preverdict, preaward, or prereport interest shall not be awarded on the following:

 

(1) judgments, awards, or benefits in workers' compensation cases, but not including third-party actions;


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(2) judgments or awards for future damages;

 

(3) punitive damages, fines, or other damages that are noncompensatory in nature;

 

(4) judgments or awards not in excess of the amount specified in section 491A.01; and

 

(5) that portion of any verdict, award, or report which is founded upon interest, or costs, disbursements, attorney fees, or other similar items added by the court or arbitrator.

 

(c)(1)(i) For interest that accrues before a judgment is final, a judgment or award of $50,000 or less, or a judgment or award for or against the state or a political subdivision of the state, regardless of the amount, or a judgment or award in a family court action, regardless of the amount, the interest shall be computed as simple interest per annum.  The rate of interest shall be based on the secondary market yield of one year United States Treasury bills, calculated on a bank discount basis as provided in this section.

 

On or before the 20th day of December of each year the state court administrator shall determine the rate from the one-year constant maturity treasury yield for the most recent calendar month, reported on a monthly basis in the latest statistical release of the board of governors of the Federal Reserve System.  This yield, rounded to the nearest one percent, or four percent, whichever is greater, shall be the annual interest rate during the succeeding calendar year.  The state court administrator shall communicate the interest rates to the court administrators and sheriffs for use in computing the interest on verdicts and shall make the interest rates available to arbitrators.

 

This item applies to any section that references section 549.09 by citation for the purposes of computing an interest rate on any amount owed to or by the state or a political subdivision of the state, regardless of the amount.

 

(ii) The court, in a family court action, may order a lower interest rate or no interest rate if the parties agree or if the court makes findings explaining why application of a lower interest rate or no interest rate is necessary to avoid causing an unfair hardship to the debtor.  This item does not apply to child support or spousal maintenance judgments subject to section 548.091.

 

(2) For a judgment or award over $50,000, other than a judgment or award for or against the state or a political subdivision of the state or a judgment or award in a family court action, the interest rate shall be ten percent per year until paid.

 

(3) When a judgment creditor, or the judgment creditor's attorney or agent, has received a payment after entry of judgment, whether the payment is made voluntarily by or on behalf of the judgment debtor, or is collected by legal process other than execution levy where a proper return has been filed with the court administrator, the judgment creditor, or the judgment creditor's attorney, before applying to the court administrator for an execution shall file with the court administrator an affidavit of partial satisfaction.  The affidavit must state the dates and amounts of payments made upon the judgment after the most recent affidavit of partial satisfaction filed, if any; the part of each payment that is applied to taxable disbursements and to accrued interest and to the unpaid principal balance of the judgment; and the accrued, but the unpaid interest owing, if any, after application of each payment.

 

(d) This section does not apply to arbitrations between employers and employees under chapter 179 or 179A.  An arbitrator is neither required to nor prohibited from awarding interest under chapter 179 or under section 179A.16 for essential employees.

 

(e) For purposes of this subdivision:

 

(1) "state" includes a department, board, agency, commission, court, or other entity in the executive, legislative, or judicial branch of the state; and


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(2) "political subdivision" includes a town, statutory or home rule charter city, county, school district, or any other political subdivision of the state.

 

(f) This section does not apply to a judgment or award upon which interest is entitled to be recovered under section 60A.0811.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to judgments and awards entered on or after that date.

 

Sec. 10.  Minnesota Statutes 2016, section 590.11, subdivision 1, is amended to read:

 

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

 

(b) "Exonerated" means that:

 

(1) a court of this state:

 

(i) vacated or, reversed, or set aside a judgment of conviction on grounds consistent with innocence and there are no remaining felony charges in effect against the petitioner from the same behavioral incident, or if there are remaining felony charges against the petitioner from the same behavioral incident, the prosecutor dismissed the dismisses those remaining felony charges; or

 

(ii) ordered a new trial on grounds consistent with innocence and the prosecutor dismissed the charges or the petitioner was found not guilty at the new trial all felony charges against the petitioner arising from the same behavioral incident or the petitioner was found not guilty of all felony charges arising from the same behavioral incident at the new trial; and

 

(2) the time for appeal of the order resulting in exoneration has expired or the order has been affirmed and is final.; and

 

(3) 60 days has passed since the judgment of conviction was reversed or vacated, and the prosecutor has not filed any felony charges against the petitioner from the same behavioral incident, or if the prosecutor did file felony charges against the petitioner from the same behavioral incident, those felony charges were dismissed or the defendant was found not guilty of those charges at the new trial.

 

(c) "On grounds consistent with innocence" means either:

 

(1) exonerated, through a pardon or sentence commutation, based on factual innocence; or

 

(2) exonerated because the judgment of conviction was vacated or reversed and there is any evidence of factual innocence whether it was available at the time of investigation or trial or is newly discovered evidence.

 

EFFECTIVE DATE.  This section is effective July 1, 2018.

 

Sec. 11.  Minnesota Statutes 2016, section 590.11, subdivision 2, is amended to read:

 

Subd. 2.  Procedure.  A petition for an order declaring eligibility for compensation based on exoneration under sections 611.362 to 611.368 must be brought before the district court where the original conviction was obtained.  The state must be represented by the office of the prosecutor that obtained the conviction or the prosecutor's successor.  Within 60 days after the filing of the petition, the prosecutor must respond to the petition.  A petition


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must be brought within two years, but no less than 60 days after the petitioner is exonerated.  Persons released from custody after being exonerated before July 1, 2014, must commence an action under this section within two years of July 1, 2014.  If, before July 1, 2018, a person did not meet both requirements of Minnesota Statutes 2016, section 590.11, subdivision 1, paragraph (b), clause (1), item (i), and did not file a petition or the petition was denied, that person may commence an action meeting the requirements under section 10, subdivision 1, paragraph (b), clause (1), item (i), on or after July 1, 2018, and before July 1, 2020.

 

EFFECTIVE DATE.  This section is effective July 1, 2018.

 

Sec. 12.  Minnesota Statutes 2016, section 590.11, subdivision 5, is amended to read:

 

Subd. 5.  Elements.  (a) A claim for compensation arises if a person is eligible for compensation under subdivision 3 and:

 

(1) the person was convicted of a felony and served any part of the imposed sentence in prison;

 

(2) in cases where the person was convicted of multiple charges arising out of the same behavioral incident, the person was exonerated for all of those charges;

 

(3) the person did not commit or induce another person to commit perjury or fabricate evidence to cause or bring about the conviction; and

 

(4) the person was not serving a term of imprisonment incarceration for another crime at the same time, provided that except:

 

(i) if the person served additional time in prison due to the conviction that is the basis of the claim, the person may make a claim for that portion of time served in prison during which the person was serving no other sentence.; or

 

(ii) if the person served additional executed sentences that had been previously stayed, and the reason the additional stayed sentences were executed was due to the conviction that is the basis for the claim.

 

(b) A claimant may make a claim only for that portion of time served in prison during which the claimant was serving no other sentence.

 

(c) A confession or admission later found to be false or a guilty plea to a crime the claimant did not commit does not constitute bringing about the claimant's conviction for purposes of paragraph (a), clause (3).

 

EFFECTIVE DATE.  This section is effective July 1, 2018.

 

Sec. 13.  Minnesota Statutes 2016, section 590.11, subdivision 7, is amended to read:

 

Subd. 7.  Order.  If, after considering all the files and records admitted and any evidence admitted at a hearing held pursuant to subdivision 4, the court determines that the petitioner is eligible for compensation, the court shall issue an order containing its findings and, if applicable, indicate the portion of the term of imprisonment incarceration for which the petitioner is entitled to make a claim.  The court shall notify the petitioner of the right to file a claim for compensation under sections 611.362 to 611.368 and provide the petitioner with a copy of those sections.  The petitioner must acknowledge receipt of the notice and a copy of those sections in writing or on the record before the court.

 

EFFECTIVE DATE.  This section is effective July 1, 2018.


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Sec. 14.  Minnesota Statutes 2016, section 609.015, subdivision 1, is amended to read:

 

Subdivision 1.  Common law crimes abolished.  Common law crimes are abolished and no act or omission is a crime unless made so by this chapter or by other applicable statute, but.  This does not prevent the use of common law rules in the construction or interpretation of the provisions of this chapter or other statute except that a law reducing a sentence does not apply to crimes committed prior to the date on which the change takes effect unless the statute specifically states otherwise.  Crimes committed prior to September 1, 1963, are not affected thereby.

 

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

 

Sec. 15.  Minnesota Statutes 2016, section 611.365, subdivision 2, is amended to read:

 

Subd. 2.  Reimbursement; monetary damages; attorney fees.  (a) The claimant is entitled to reimbursement for all restitution, assessments, fees, court costs, and other sums paid by the claimant as required by the judgment and sentence.  In addition, the claimant is entitled to monetary damages of not less than $50,000 or more than $100,000 for each year of imprisonment incarceration, and not less than $25,000 for each year served on supervised release or as a registered predatory offender, to be prorated for partial years served.  In calculating additional monetary damages, the panel shall consider:

 

(1) economic damages, including reasonable attorney fees, lost wages, reimbursement for costs associated with the claimant's criminal defense;

 

(2) reimbursement for medical and dental expenses that the claimant already incurred and future unpaid expenses expected to be incurred as a result of the claimant's imprisonment incarceration;

 

(3) noneconomic damages for personal physical injuries or sickness and any nonphysical injuries or sickness incurred as a result of imprisonment incarceration;

 

(4) reimbursement for any tuition and fees paid for each semester successfully completed by the claimant in an educational program or for employment skills and development training, up to the equivalent value of a four-year degree at a public university, and reasonable payment for future unpaid costs for education and training, not to exceed the anticipated cost of a four-year degree at a public university;

 

(5) reimbursement for paid or unpaid child support payments owed by the claimant that became due, and interest on child support arrearages that accrued, during the time served in prison provided that there shall be no reimbursement for any child support payments already owed before the claimant's incarceration; and

 

(6) reimbursement for reasonable costs of paid or unpaid reintegrative expenses for immediate services secured by the claimant upon exoneration and release, including housing, transportation and subsistence, reintegrative services, and medical and dental health care costs.

 

(b) The panel shall award the claimant reasonable attorney fees incurred in bringing a claim under sections 611.362 to 611.368 and in obtaining an order of eligibility for compensation based on exoneration under chapter 590.

 

EFFECTIVE DATE.  This section is effective July 1, 2018.


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Sec. 16.  Minnesota Statutes 2016, section 611.365, subdivision 3, is amended to read:

 

Subd. 3.  Limits on damages.  There is no limit on the aggregate amount of damages that may be awarded under this section.  Damages that may be awarded under subdivision 2, paragraph (a), clauses (1) and (4) to (6), are limited to $100,000 per year of imprisonment incarceration and $50,000 per year served on supervised release or as a registered predatory offender.

 

EFFECTIVE DATE.  This section is effective July 1, 2018.

 

Sec. 17.  Minnesota Statutes 2016, section 611.367, is amended to read:

 

611.367 COMPENSATING EXONERATED PERSONS; APPROPRIATIONS PROCESS.

 

The compensation panel established in section 611.363 shall forward an award of damages under section 611.365 to the commissioner of management and budget.  The commissioner shall submit the amount of the award to the legislature for consideration as an appropriation during the next session of the legislature.

 

EFFECTIVE DATE.  This section is effective July 1, 2018.

 

Sec. 18.  Minnesota Statutes 2016, section 611.368, is amended to read:

 

611.368 SHORT TITLE.

 

Sections 611.362 to 611.368 shall be cited as the "Imprisonment Incarceration and Exoneration Remedies Act."

 

EFFECTIVE DATE.  This section is effective July 1, 2018.

 

Sec. 19.  Minnesota Statutes 2016, section 626A.08, subdivision 2, is amended to read:

 

Subd. 2.  Application and orders.  (a) Applications made and warrants issued under this chapter shall be sealed by the judge.  Custody of the applications and orders shall be wherever the judge directs.  Such applications and orders shall be disclosed only upon a showing of good cause before a judge of the district court and shall not be destroyed except on order of the issuing or denying judge, and in any event shall be kept for ten years.

 

(b) Notwithstanding paragraph (a), the filing, sealing, and reporting requirements for applications made and warrants issued under this chapter that involve location information of electronic devices, as defined in section 626A.42, are governed by section 626A.42, subdivision 4.  However, applications and warrants, or portions of applications and warrants, that do not involve location information of electronic devices continue to be governed by paragraph (a).

 

Sec. 20.  Minnesota Statutes 2016, section 626A.37, subdivision 4, is amended to read:

 

Subd. 4.  Nondisclosure of existence of pen register, trap and trace device, or mobile tracking device.  (a) An order authorizing or approving the installation and use of a pen register, trap and trace device, or a mobile tracking device must direct that:

 

(1) the order be sealed until otherwise ordered by the court; and

 

(2) the person owning or leasing the line to which the pen register or a trap and trace device is attached, or who has been ordered by the court to provide assistance to the applicant, not disclose the existence of the pen register, trap and trace device, mobile tracking device, or the existence of the investigation to the listed subscriber, or to any other person, unless or until otherwise ordered by the court.


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(b) Paragraph (a) does not apply to an order that involves location information of electronic devices, as defined in section 626A.42.  Instead, the filing, sealing, and reporting requirements for those orders are governed by section 626A.42, subdivision 4.  However, any portion of an order that does not involve location information of electronic devices continues to be governed by paragraph (a).

 

Sec. 21.  [631.011] LIMITATIONS ON RECORDING OR BROADCASTING CRIMINAL PROCEEDINGS.

 

Except as otherwise provided in this subdivision, no person may record or broadcast any criminal matter, including a trial, hearing, motion, or argument, absent the express consent of the defendant and the victim.  This prohibition applies to the use of television, radio, audio, photographic, or other recording equipment.  This prohibition does not apply to the use of electronic, photographic, or other recording equipment approved by the court for purposes of making the court record, including closed-circuit interactive television.

 

ARTICLE 3

PUBLIC SAFETY AND CORRECTIONS

 

Section 1.  Minnesota Statutes 2016, section 168B.16, is amended to read:

 

168B.16 FLASHING LIGHT ON TOW TRUCK.

 

(a) A tow truck or towing vehicle must be equipped with flashing or intermittent red and amber lights of a type approved by the commissioner of public safety.  A tow truck or towing vehicle may be equipped with a blue light, subject to the limitations under section 169.64, subdivision 4, paragraphs (a) and (b).  The lights must be placed on the dome of the vehicle at the highest practicable point visible from a distance of 500 feet.

 

(b) The flashing red light, blue light, or both must be displayed only when the tow truck or towing vehicle is stopped and engaged in emergency service on or near the traveled portion of a highway.  The flashing amber light may be displayed when the tow truck or towing vehicle is moving a disabled vehicle.

 

Sec. 2.  Minnesota Statutes 2016, section 169.64, subdivision 4, is amended to read:

 

Subd. 4.  Blue light.  (a) Except as provided in paragraphs (b) to (d), blue lights are prohibited on all vehicles except road maintenance equipment and, snow removal equipment, or a tow truck or towing vehicle operated by or under contract to the state or a political subdivision thereof.

 

(b) Authorized emergency vehicles may display flashing blue lights to the rear of the vehicle as a warning signal in combination with other lights permitted or required by this chapter.  In addition, authorized emergency vehicles may display, mounted on the passenger side only, flashing blue lights to the front of the vehicle as a warning signal in combination with other lights permitted or required by this chapter.

 

(c) A motorcycle may display a blue light of up to one-inch diameter as part of the motorcycle's rear brake light.

 

(d) A motor vehicle may display a blue light of up to one-inch diameter as part of the vehicle's rear brake light if:

 

(1) the vehicle is a collector vehicle, as described in section 168.10; or

 

(2) the vehicle is eligible to display a collector plate under section 168.10.


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Sec. 3.  Minnesota Statutes 2016, section 169.92, subdivision 4, is amended to read:

 

Subd. 4.  Suspension of driver's license.  (a) Upon receiving a report from the court, or from the driver licensing authority of a state, district, territory, or possession of the United States or a province of a foreign country which has an agreement in effect with this state pursuant to section 169.91, that a resident of this state or a person licensed as a driver in this state did not appear in court in compliance with the terms of a citation, the commissioner of public safety shall notify the driver that the driver's license will be suspended unless the commissioner receives notice within 30 days that the driver has appeared in the appropriate court or, if the offense is a petty misdemeanor for which a guilty plea was entered under section 609.491, that the person has paid any fine imposed by the court.  If the commissioner does not receive notice of the appearance in the appropriate court or payment of the fine within 30 days of the date of the commissioner's notice to the driver, the commissioner may suspend the driver's license, subject to the notice requirements of section 171.18, subdivision 2.  Notwithstanding the requirements in this section, the commissioner is prohibited from suspending the driver's license of a person based solely on the fact that the person did not appear in court in compliance with the terms of a citation for a petty misdemeanor or for a violation of section 171.24, subdivision 1.

 

(b) The order of suspension shall indicate the reason for the order and shall notify the driver that the driver's license shall remain suspended until the driver has furnished evidence, satisfactory to the commissioner, of compliance with any order entered by the court.

 

(c) Suspension shall be ordered under this subdivision only when the report clearly identifies the person arrested; describes the violation, specifying the section of the traffic law, ordinance or rule violated; indicates the location and date of the offense; and describes the vehicle involved and its registration number.

 

Sec. 4.  Minnesota Statutes 2016, section 171.16, subdivision 2, is amended to read:

 

Subd. 2.  Commissioner shall suspend.  (a) The court may recommend the suspension of the driver's license of the person so convicted, and the commissioner shall suspend such license as recommended by the court, without a hearing as provided herein.

 

(b) The commissioner is prohibited from suspending a person's driver's license if the person was convicted only under section 171.24, subdivision 1 or 2.

 

Sec. 5.  Minnesota Statutes 2016, section 171.16, subdivision 3, is amended to read:

 

Subd. 3.  Suspension for Failure to pay fine.  When any court reports to The commissioner must not suspend a person's driver's license based solely on the fact that a person:  (1) has been convicted of violating a law of this state or an ordinance of a political subdivision which regulates the operation or parking of motor vehicles, (2) has been sentenced to the payment of a fine or had a surcharge levied against that person, or sentenced to a fine upon which a surcharge was levied, and (3) has refused or failed to comply with that sentence or to pay the surcharge, notwithstanding the fact that the court has determined that the person has the ability to pay the fine or surcharge, the commissioner shall suspend the driver's license of such person for 30 days for a refusal or failure to pay or until notified by the court that the fine or surcharge, or both if a fine and surcharge were not paid, has been paid.

 

Sec. 6.  Minnesota Statutes 2016, section 171.18, subdivision 1, is amended to read:

 

Subdivision 1.  Offenses.  (a) The commissioner may suspend the license of a driver without preliminary hearing upon a showing by department records or other sufficient evidence that the licensee:

 

(1) has committed an offense for which mandatory revocation of license is required upon conviction;


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(2) has been convicted by a court for violating a provision of chapter 169 or an ordinance regulating traffic, other than a conviction for a petty misdemeanor, and department records show that the violation contributed in causing an accident resulting in the death or personal injury of another, or serious property damage;

 

(3) is an habitually reckless or negligent driver of a motor vehicle;

 

(4) is an habitual violator of the traffic laws;

 

(5) is incompetent to drive a motor vehicle as determined in a judicial proceeding;

 

(6) has permitted an unlawful or fraudulent use of the license;

 

(7) has committed an offense in another state that, if committed in this state, would be grounds for suspension;

 

(8) has committed a violation of section 169.444, subdivision 2, paragraph (a), within five years of a prior conviction under that section;

 

(9) has committed a violation of section 171.22, except that the commissioner may not suspend a person's driver's license based solely on the fact that the person possessed a fictitious or fraudulently altered Minnesota identification card;

 

(10) has failed to appear in court as provided in section 169.92, subdivision 4;

 

(11) has failed to report a medical condition that, if reported, would have resulted in cancellation of driving privileges;

 

(12) has been found to have committed an offense under section 169A.33; or

 

(13) has paid or attempted to pay a fee required under this chapter for a license or permit by means of a dishonored check issued to the state or a driver's license agent, which must be continued until the registrar determines or is informed by the agent that the dishonored check has been paid in full.

 

However, an action taken by the commissioner under clause (2) or (5) must conform to the recommendation of the court when made in connection with the prosecution of the licensee.

 

(b) The commissioner may not suspend is prohibited from suspending the driver's license of an individual under paragraph (a) who was convicted of a violation of section 171.24, subdivision 1, whose license was under suspension at the time solely because of the individual's failure to appear in court or failure to pay a fine or 2.

 

Sec. 7.  Minnesota Statutes 2017 Supplement, section 171.3215, subdivision 2, is amended to read:

 

Subd. 2.  Cancellation for disqualifying and other offenses.  Within ten days of receiving notice under section 631.40, subdivision 1a, or otherwise receiving notice for a nonresident driver, that a school bus driver has been convicted of, or received a stay of adjudication for, a disqualifying offense, the commissioner shall permanently cancel the school bus driver's endorsement on the offender's driver's license and in the case of a nonresident, the driver's privilege to operate a school bus in Minnesota.  A school bus driver whose endorsement or privilege to operate a school bus in Minnesota has been permanently canceled may not apply for reinstatement.  Within ten days of receiving notice under section 631.40, subdivision 1a, or otherwise receiving notice for a nonresident driver, that a school bus driver has been convicted of a violation of section 169A.20, or a similar statute or ordinance from another state, and within ten days of revoking a school bus driver's license under section 169A.52 or 171.177, the commissioner shall cancel the school bus driver's endorsement on the offender's driver's license or the nonresident's


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privilege to operate a school bus in Minnesota for five years.  After five years, a school bus driver may apply to the commissioner for reinstatement.  Even after five years, cancellation of a school bus driver's endorsement or a nonresident's privilege to operate a school bus in Minnesota for a violation under section 169A.20, sections 169A.50 to 169A.53, section 171.177, or a similar statute or ordinance from another state, shall remain in effect until the driver provides proof of successful completion of an alcohol or controlled substance treatment program.  For a first offense, proof of completion is required only if treatment was ordered as part of a chemical use assessment.  Within ten days of receiving notice under section 631.40, subdivision 1a, or otherwise receiving notice for a nonresident driver, that a school bus driver has been convicted of a fourth moving violation in the last three years, the commissioner shall cancel the school bus driver's endorsement on the offender's driver's license or the nonresident's privilege to operate a school bus in Minnesota until one year has elapsed since the last conviction.  A school bus driver who has no new convictions after one year may apply for reinstatement.  Upon canceling the offender's school bus driver's endorsement, the commissioner shall immediately notify the licensed offender of the cancellation in writing, by depositing in the United States post office a notice addressed to the licensed offender at the licensed offender's last known address, with postage prepaid thereon.

 

Sec. 8.  Minnesota Statutes 2017 Supplement, section 171.3215, subdivision 3, is amended to read:

 

Subd. 3.  Background check.  Before issuing or renewing a driver's license with a school bus driver's endorsement, the commissioner shall conduct an investigation to determine if the applicant has been convicted of, or received a stay of adjudication for, committing a disqualifying offense, four moving violations in the previous three years, a violation of section 169A.20 or a similar statute or ordinance from another state, a gross misdemeanor, or if the applicant's driver's license has been revoked under section 169A.52 or 171.177.  The commissioner shall not issue a new bus driver's endorsement and shall not renew an existing bus driver's endorsement if the applicant has been convicted of committing a disqualifying offense.  The commissioner shall not issue a new bus driver's endorsement and shall not renew an existing bus driver's endorsement if, within the previous five years, the applicant has been convicted of committing a violation of section 169A.20, or a similar statute or ordinance from another state, a gross misdemeanor, or if the applicant's driver's license has been revoked under section 169A.52 or 171.177, or if, within the previous three years, the applicant has been convicted of four moving violations.  An applicant who has been convicted of violating section 169A.20, or a similar statute or ordinance from another state, or who has had a license revocation under section 169A.52 or 171.177 within the previous ten years must show proof of successful completion of an alcohol or controlled substance treatment program in order to receive a bus driver's endorsement.  For a first offense, proof of completion is required only if treatment was ordered as part of a chemical use assessment.  A school district or contractor that employs a nonresident school bus driver must conduct a background check of the employee's driving record and criminal history in both Minnesota and the driver's state of residence.  Convictions for disqualifying offenses, gross misdemeanors, a fourth moving violation within the previous three years, or violations of section 169A.20, or a similar statute or ordinance in another state, must be reported to the Department of Public Safety.

 

Sec. 9.  Minnesota Statutes 2016, section 242.192, is amended to read:

 

242.192 CHARGES TO COUNTIES.

 

The commissioner shall charge counties or other appropriate jurisdictions 65 percent of the per diem cost of confinement, excluding educational costs and nonbillable service, of juveniles at the Minnesota Correctional Facility-Red Wing and of juvenile females committed to the commissioner of corrections.  This charge applies to juveniles committed to the commissioner of corrections and juveniles admitted to the Minnesota Correctional Facility-Red Wing under established admissions criteria.  This charge applies to both counties that participate in the Community Corrections Act and those that do not.  The commissioner shall determine the per diem cost of confinement based on projected population, pricing incentives, and market conditions, and the requirement that expense and revenue balance out over a period of two years.  All money received under this section must be deposited in the state treasury and credited to the general fund.


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Sec. 10.  [243.521] ADMINISTRATIVE AND DISCIPLINARY SEGREGATION REPORT.

 

By January 15, 2019, and by January 15 each year thereafter, the commissioner of corrections shall report to the chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over public safety and judiciary on administrative and disciplinary segregation.  This report shall include, but not be limited to, data regarding:

 

(1) the number of inmates in each institution placed in segregation during the past year;

 

(2) the ages of inmates placed in segregation during the past year;

 

(3) the number of inmates transferred from segregation to the mental health treatment unit;

 

(4) the nature of the infractions leading to the use of segregation;

 

(5) the lengths of terms served in segregation, including terms served consecutively;

 

(6) any incidents of inmates not receiving at least five hours a week out of cell; and

 

(7) the number of inmates convicted of assault while confined and the number of this group of inmates who receive consecutive sentences, as required under section 609.2232.

 

Sec. 11.  [299A.90] TASK FORCE ON MISSING AND MURDERED INDIGENOUS WOMEN.

 

Subdivision 1.  Creation and duties.  (a) By September 1, 2018, the commissioner, in consultation with the Minnesota Indian Affairs Council, shall appoint members to the Task Force on Missing and Murdered Indigenous Women to advise the commissioner and report to the legislature on recommendations to reduce and end violence against indigenous women and girls in Minnesota.  The task force shall also serve as a liaison between the commissioner and agencies and nongovernmental organizations that provide services to victims, victims' families, and victims' communities.  The members must receive expense reimbursement as specified in section 15.059, subdivision 6.

 

(b) The Task Force on Missing and Murdered Indigenous Women must examine and report on the following:

 

(1) the systemic causes behind violence that indigenous women and girls experience, including patterns and underlying factors that explain why higher levels of violence occur against indigenous women and girls, including underlying historical, social, economic, institutional, and cultural factors which may contribute to the violence;

 

(2) appropriate methods for tracking and collecting data on violence against indigenous women and girls, including data on missing and murdered indigenous women and girls;

 

(3) policies and institutions such as policing, child welfare, coroner practices, and other governmental practices that impact violence against indigenous women and girls and the investigation and prosecution of crimes of gender violence against indigenous people;

 

(4) measures necessary to address and reduce violence against indigenous women and girls; and

 

(5) measures to help victims, victims' families, and victims' communities to prevent and heal from violence that occurs against indigenous women and girls.


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(c) For the purposes of this section, "commissioner" means the commissioner of public safety and "nongovernmental organizations" means nonprofit, nongovernmental organizations that provide legal, social, or other community services.

 

Subd. 2.  Membership.  (a) To the extent practicable, the Task Force on Missing and Murdered Indigenous Women shall consist of the following individuals, or their designees, who are knowledgeable in crime victims' rights or violence protection:

 

(1) two members of the senate, one appointed by the majority leader and one appointed by the minority leader;

 

(2) two members of the house of representatives, one appointed by the speaker of the house and one appointed by the minority leader;

 

(3) a representative from the Minnesota Chiefs of Police Association;

 

(4) a representative of the Bureau of Criminal Apprehension;

 

(5) a representative of the United States Attorney's Office;

 

(6) a peace officer who works and resides in the seven-county metropolitan area, composed of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington Counties;

 

(7) a peace officer who works and resides in the nonmetropolitan area;

 

(8) two peace officers who work for and reside on a federally recognized American Indian reservation in Minnesota;

 

(9) a county attorney or representative from the Minnesota County Attorneys Association;

 

(10) a judge or attorney working in juvenile court;

 

(11) a representative from an Indian health organization or agency;

 

(12) a county coroner or a representative from a statewide coroner's association;

 

(13) a representative of the Department of Health;

 

(14) four or more representatives for tribal governments, with a focus on individuals who work with victims of violence or their families;

 

(15) two or more representatives from nongovernmental organizations, community volunteers, or advocacy organizations, who should include representatives from organizations working inside the seven-county metropolitan area, outside the seven-county metropolitan area, and on reservations, and may include:

 

(i) a tribal, statewide, or local organization that provides legal services to indigenous women and girls;

 

(ii) a tribal, statewide, or local organization that provides advocacy or counseling for indigenous women and girls who have been victims of violence; and

 

(iii) a tribal, statewide, or local organization that provides services to indigenous women and girls;


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(16) a representative from the Minnesota Indian Women's Sexual Assault Coalition;

 

(17) a representative from Mending the Sacred Hoop;

 

(18) two indigenous women who are survivors of gender violence; and

 

(19) a representative from the Minnesota Sheriffs' Association.

 

(b) Members of the task force serve at the pleasure of the appointing authority or until the task force expires.  Vacancies shall be filled by the commissioner of public safety consistent with the qualifications of the vacating member required by this subdivision.

 

Subd. 3.  Officers; meetings.  (a) The task force shall annually elect a chair and vice-chair from among its members, and may elect other officers as necessary.  The task force shall meet at least quarterly, or upon the call of its chair.  The task force shall meet sufficiently enough to accomplish the tasks identified in this section.  Meetings of the task force are subject to chapter 13D.  The task force shall seek out and enlist the cooperation and assistance of nongovernmental organizations, community and advocacy organizations working with the American Indian community, and academic researchers and experts, specifically those specializing in violence against indigenous women and girls, representing diverse communities disproportionately affected by violence against women and girls, or focusing on issues related to gender violence and violence against indigenous women and girls.

 

(b) The commissioner of public safety shall convene the first meeting of the task force no later than October 1, 2018, and shall provide meeting space and administrative assistance as necessary for the task force to conduct its work.

 

Subd. 4.  Report.  The task force shall annually report to the chairs and ranking members of the legislative committees with jurisdiction over public safety, human services, and state government on the work of the task force, including but not limited to the issues to be examined in subdivision 1, and shall include in the annual report institutional policies and practices or proposed institutional policies and practices that are effective in reducing gender violence and increasing the safety of indigenous women and girls.  The report shall include recommendations to reduce and end violence against indigenous women and girls and help victims and communities heal from gender violence and violence against indigenous women and girls.  The first annual report shall be submitted to the legislative committees on February 15, 2019, and on February 15 each year after.

 

Subd. 5.  Expiration.  Notwithstanding section 15.059, the task force expires June 30, 2020.

 

EFFECTIVE DATE.  This section is effective July 1, 2018.

 

Sec. 12.  Minnesota Statutes 2016, section 299C.091, subdivision 5, is amended to read:

 

Subd. 5.  Removal of data from system.  Notwithstanding section 138.17, the bureau shall destroy data entered into the system when three years have elapsed since the data were entered into the system, except as otherwise provided in this subdivision.  If the bureau has information that the individual has been convicted as an adult, or has been adjudicated or has a stayed adjudication as a juvenile for an offense that would be a crime if committed by an adult, since entry of the data into the system, the data must be maintained until three years have elapsed since the last record of a conviction or adjudication or stayed adjudication of the individual, except that if the individual is committed to the custody of the commissioner of corrections and the commissioner documents activities meeting the criminal gang identification criteria that take place while the individual is confined in a state correctional facility, the three-year period begins after release from incarceration.  Upon request of the law enforcement agency that submitted data to the system, the bureau shall destroy the data regardless of whether three years have elapsed since the data were entered into the system.


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Sec. 13.  Minnesota Statutes 2016, section 299C.17, is amended to read:

 

299C.17 REPORT BY COURT ADMINISTRATOR.

 

The superintendent shall require the court administrator of every court which that (1) sentences a defendant for a felony, gross misdemeanor, or targeted misdemeanor, or (2) grants a stay of adjudication pursuant to section 609.095, paragraph (b), clause (2), for an offense that, if convicted of, would require predatory offender registration under section 243.166, to electronically transmit within 24 hours of the disposition of the case a report, in a form prescribed by the superintendent providing information required by the superintendent with regard to the prosecution and disposition of criminal cases.  A copy of the report shall be kept on file in the office of the court administrator.

 

Sec. 14.  [299C.77] BACKGROUND CHECKS; ADDITIONAL DISCLOSURE.

 

The superintendent shall disclose to each applicant for a statutorily mandated or authorized background check or background study all records of stays of adjudication granted to the subject of the background check or background study that the superintendent receives pursuant to section 299C.17, clause (2).  The data required to be disclosed under this section is in addition to other data on the subject of the background check or background study that the superintendent is mandated to disclose.

 

Sec. 15.  Minnesota Statutes 2016, section 357.021, subdivision 7, is amended to read:

 

Subd. 7.  Disbursement of surcharges by commissioner of management and budget.  (a) Except as provided in paragraphs (b), (c), and (d), the commissioner of management and budget shall disburse surcharges received under subdivision 6 and section 97A.065, subdivision 2, as follows:

 

(1) one percent shall be credited to the peace officer training account in the game and fish fund to provide peace officer training for employees of the Department of Natural Resources who are licensed under sections 626.84 to 626.863, and who possess peace officer authority for the purpose of enforcing game and fish laws;

 

(2) 39 41 percent shall be credited to the peace officers training account in the special revenue fund; and

 

(3) 60 58 percent shall be credited to the general fund.

 

(b) The commissioner of management and budget shall credit $3 of each surcharge received under subdivision 6 and section 97A.065, subdivision 2, to the general fund.

 

(c) In addition to any amounts credited under paragraph (a), the commissioner of management and budget shall credit $47 of each surcharge received under subdivision 6 and section 97A.065, subdivision 2, and the $12 parking surcharge, to the general fund.

 

(d) If the Ramsey County Board of Commissioners authorizes imposition of the additional $1 surcharge provided for in subdivision 6, paragraph (a), the court administrator in the Second Judicial District shall transmit the surcharge to the commissioner of management and budget.  The $1 special surcharge is deposited in a Ramsey County surcharge account in the special revenue fund and amounts in the account are appropriated to the trial courts for the administration of the petty misdemeanor diversion program operated by the Second Judicial District Ramsey County Violations Bureau.

 

EFFECTIVE DATE.  This section is effective July 1, 2018, and applies to surcharges collected on or after July 1, 2018.


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Sec. 16.  Minnesota Statutes 2016, section 388.23, subdivision 1, is amended to read:

 

Subdivision 1.  Authority.  (a) The county attorney, or any deputy or assistant county attorney whom the county attorney authorizes in writing, has the authority to subpoena and require the production of any records of:

 

(1) telephone companies, cellular phone companies, and paging companies,;

 

(2) subscribers of private computer networks including but not limited to Internet service providers or computer bulletin board systems,;

 

(3) subscribers of electronic communication services, private computer networks, online social media, e­mail domain hosts, Voice over Internet Protocol services, Internet messaging systems, and remote computing services as defined in United States Code Title 18, section 2711 as amended through April 1, 2018;

 

(4) electric companies, gas companies, and water utilities,;

 

(5) chemical suppliers,;

 

(6) hotels and motels,;

 

(7) pawn shops,;

 

(8) airlines, buses, taxis, and other entities engaged in the business of transporting people, and;

 

(9) freight companies, warehousing companies, self-service storage facilities, package delivery companies, and other entities engaged in the businesses of transport, storage, or delivery, and records of;

 

(10) the existence of safe deposit box account numbers and customer savings and checking account numbers maintained by financial institutions and safe deposit companies,;

 

(11) insurance records relating to the monetary payment or settlement of claims,;

 

(12) the banking, credit card, and financial records of a subject of an identity theft investigation or a vulnerable adult, whether held in the name of the vulnerable adult or a third party, including but not limited to safe deposit, loan and account applications and agreements, signature cards, statements, checks, transfers, account authorizations, safe deposit access records and documentation of fraud,; and

 

(13) wage and employment records of an applicant or recipient of public assistance who is the subject of a welfare fraud investigation relating to eligibility information for public assistance programs.

 

(b) Subpoenas may only be issued for records that are relevant to an ongoing legitimate law enforcement investigation.

 

(c) Administrative subpoenas may only be issued in welfare fraud and identity theft cases if there is probable cause to believe a crime has been committed.  This provision applies only to the records of business entities and does not extend to private individuals or their dwellings.


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Sec. 17.  Minnesota Statutes 2016, section 609.095, is amended to read:

 

609.095 LIMITS OF SENTENCES.

 

(a) The legislature has the exclusive authority to define crimes and offenses and the range of the sentences or punishments for their violation.  No other or different sentence or punishment shall be imposed for the commission of a crime than is authorized by this chapter or other applicable law.

 

(b) Except as provided in:  (1) section 152.18 or 609.375,; or (2) upon agreement of the parties, a court may not refuse to adjudicate the guilt of a defendant who tenders a guilty plea in accordance with Minnesota Rules of Criminal Procedure, rule 15, or who has been found guilty by a court or jury following a trial.

 

A stay of adjudication granted under clause (2) must be reported to the superintendent of the Bureau of Criminal Apprehension pursuant to section 299C.17.

 

(c) Paragraph (b) does not supersede Minnesota Rules of Criminal Procedure, rule 26.04.

 

Sec. 18.  Minnesota Statutes 2016, section 626.8452, is amended by adding a subdivision to read:

 

Subd. 6.  Prohibition on disarming local law enforcement officers.  Unless expressly authorized under another section of law, a mayor, city council, county board, or chief law enforcement officer may not disarm a peace officer who is in good standing and not currently under investigation or subject to disciplinary action.

 

Sec. 19.  Minnesota Statutes 2016, section 631.40, subdivision 1a, is amended to read:

 

Subd. 1a.  Certified copy of disqualifying offense convictions sent to public safety and school districts.  When a person is convicted of, or receives a stay of adjudication for, committing a disqualifying offense, as defined in section 171.3215, subdivision 1, a gross misdemeanor, a fourth moving violation within the previous three years, or a violation of section 169A.20, or a similar statute or ordinance from another state, the court shall determine whether the offender is a school bus driver as defined in section 171.3215, subdivision 1, whether the offender possesses a school bus driver's endorsement on the offender's driver's license and in what school districts the offender drives a school bus.  If the offender is a school bus driver or possesses a school bus driver's endorsement, the court administrator shall send a certified copy of the conviction to the Department of Public Safety and to the school districts in which the offender drives a school bus within ten days after the conviction.

 

Sec. 20.  WORKING GROUP EXAMINING CRIMES AGAINST VULNERABLE ADULTS.

 

Subdivision 1.  Establishment; membership.  (a) A working group examining crimes against vulnerable adults is established.

 

(b) The commissioner of public safety shall appoint the following members of the working group:

 

(1) two attorneys practicing elder law, one who practices primarily in the seven-county metropolitan area and one who practices primarily outside the seven-county metropolitan area;

 

(2) two county attorneys, one from a county in the seven-country metropolitan area and one from a county outside the seven-county metropolitan area;

 

(3) two city attorneys, one from a city in the seven-county metropolitan area and one from a city outside the seven-county metropolitan area;


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(4) one representative from the Office of the Public Defender;

 

(5) one representative from the Minnesota Elder Justice Center;

 

(6) one representative from the Minnesota Home Care Association;

 

(7) one representative from Care Providers of Minnesota;

 

(8) one representative from LeadingAge Minnesota;

 

(9) one representative from AARP Minnesota;

 

(10) one caregiver of a person who has been diagnosed with Alzheimer's disease;

 

(11) one peace officer, as defined in Minnesota Statutes, section 626.84; and

 

(12) any additional representatives from groups or organizations that the commissioner of public safety determines would help the working group perform its duties.

 

(c) The following individuals shall also be members of the working group:

 

(1) two members of the senate, one appointed by the majority leader and one appointed by the minority leader;

 

(2) two members of the house of representatives, one appointed by the speaker of the house and one appointed by the minority leader;

 

(3) the commissioner of public safety or a designee;

 

(4) the commissioner of human services or a designee;

 

(5) the commissioner of health or a designee;

 

(6) the attorney general or a designee;

 

(7) a representative of the judicial branch, appointed by the chief justice of the Supreme Court;

 

(8) the ombudsman for mental health and developmental disabilities;

 

(9) one member of the Minnesota Board on Aging, selected by the board; and

 

(10) one member of the Minnesota Council on Disability or a designee, selected by the council.

 

(d) The appointing authorities under this subdivision must complete their appointments no later than July 1, 2018.

 

Subd. 2.  Duties; recommendations.  The working group shall review existing laws establishing crimes against vulnerable adults, review whether these laws appropriately identify these crimes and apply appropriate penalties, and recommend any changes necessary to better protect vulnerable adults.  The working group shall also examine and make recommendations regarding whether, in the interest of protecting vulnerable adults from maltreatment and crime, adequate laws, rules, procedures, and protections are in place to determine whether current or prospective long-term care employees are or have been subject to investigation for maltreatment of a vulnerable adult or a crime against a vulnerable adult.


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Subd. 3.  Meetings.  The commissioner of public safety or a designee shall convene the first meeting of the working group no later than August 1, 2018.  Members of the working group shall elect a chair from among the group's members at the first meeting, and the commissioner of public safety or a designee shall serve as the working group's chair until a chair is elected.  Meetings of the working group are open to the public.

 

Subd. 4.  Compensation.  Members of the working group shall serve without compensation or reimbursement for expenses.

 

Subd. 5.  Administrative support.  The commissioner of public safety shall provide administrative support for the working group and arrange meeting space.

 

Subd. 6.  Report.  By January 15, 2019, the working group must submit a report with findings, recommendations, and draft legislation to the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services policy and criminal justice policy.  The report must include a discussion of the benefits, problems, and costs associated with any proposed changes to laws.

 

Subd. 7.  Expiration.  The working group expires January 16, 2019, or the day after the working group submits the report required under subdivision 6, whichever is later.

 

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

 

Sec. 21.  RETROACTIVE DRIVER'S LICENSE REINSTATEMENT.

 

(a) The commissioner of public safety must make an individual's driver's license eligible for reinstatement if the license is solely suspended pursuant to:

 

(1) Minnesota Statutes 2016, section 171.16, subdivision 2, if the person was convicted only under Minnesota Statutes, section 171.24, subdivision 1 or 2;

 

(2) Minnesota Statutes 2016, section 171.16, subdivision 3; or

 

(3) both clauses (1) and (2).

 

(b) By May 1, 2019, the commissioner must provide written notice to an individual whose license has been made eligible for reinstatement under paragraph (a), addressed to the licensee at the licensee's last known address.

 

(c) Before the license is reinstated, an individual whose driver's license is eligible for reinstatement under paragraph (a) must pay the reinstatement fee under Minnesota Statutes, section 171.20, subdivision 4.

 

(d) The following applies for an individual who is eligible for reinstatement under paragraph (a), clause (1), (2), or (3), and whose license was suspended, revoked, or canceled under any other provision in Minnesota Statutes:

 

(1) the suspension, revocation, or cancellation under any other provision in Minnesota Statutes remains in effect;

 

(2) subject to clause (1), the individual may become eligible for reinstatement under paragraph (a), clause (1), (2), or (3); and

 

(3) the commissioner is not required to send the notice described in paragraph (b).

 

(e) Paragraph (a) applies notwithstanding Minnesota Statutes 2016, sections 169.92, subdivision 4; 171.16, subdivision 2 or 3; or any other law to the contrary.

 

EFFECTIVE DATE.  This section is effective April 1, 2019.


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Sec. 22.  REPEALER.

 

Minnesota Statutes 2016, section 401.13, is repealed.

 

ARTICLE 4

GENERAL CRIME

 

Section 1.  Minnesota Statutes 2016, section 609.2112, subdivision 1, is amended to read:

 

Subdivision 1.  Criminal vehicular homicide.  (a) Except as provided in paragraph (b), a person is guilty of criminal vehicular homicide and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both, if the person causes the death of a human being not constituting murder or manslaughter as a result of operating a motor vehicle:

 

(1) in a grossly negligent manner;

 

(2) in a negligent manner while under the influence of:

 

(i) alcohol;

 

(ii) a controlled substance; or

 

(iii) any combination of those elements;

 

(3) while having an alcohol concentration of 0.08 or more;

 

(4) while having an alcohol concentration of 0.08 or more, as measured within two hours of the time of driving;

 

(5) in a negligent manner while knowingly under the influence of a hazardous substance;

 

(6) in a negligent manner while any amount of a controlled substance listed in Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is present in the person's body;

 

(7) where the driver who causes the collision leaves the scene of the collision in violation of section 169.09, subdivision 1 or 6; or

 

(8) where the driver had actual knowledge that a peace officer had previously issued a citation or warning that the motor vehicle was defectively maintained, the driver had actual knowledge that remedial action was not taken, the driver had reason to know that the defect created a present danger to others, and the death was caused by the defective maintenance.; or

 

(9) in a reckless manner while the driver is in violation of section 169.475.

 

(b) If a person is sentenced under paragraph (a) for a violation under paragraph (a), clauses (2) to (6), occurring within ten years of a qualified prior driving offense, the statutory maximum sentence of imprisonment is 15 years.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.


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Sec. 2.  Minnesota Statutes 2016, section 609.2113, subdivision 1, is amended to read:

 

Subdivision 1.  Great bodily harm.  A person is guilty of criminal vehicular operation resulting in great bodily harm and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if the person causes great bodily harm to another not constituting attempted murder or assault as a result of operating a motor vehicle:

 

(1) in a grossly negligent manner;

 

(2) in a negligent manner while under the influence of:

 

(i) alcohol;

 

(ii) a controlled substance; or

 

(iii) any combination of those elements;

 

(3) while having an alcohol concentration of 0.08 or more;

 

(4) while having an alcohol concentration of 0.08 or more, as measured within two hours of the time of driving;

 

(5) in a negligent manner while knowingly under the influence of a hazardous substance;

 

(6) in a negligent manner while any amount of a controlled substance listed in Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is present in the person's body;

 

(7) where the driver who causes the accident leaves the scene of the accident in violation of section 169.09, subdivision 1 or 6; or

 

(8) where the driver had actual knowledge that a peace officer had previously issued a citation or warning that the motor vehicle was defectively maintained, the driver had actual knowledge that remedial action was not taken, the driver had reason to know that the defect created a present danger to others, and the injury was caused by the defective maintenance.; or

 

(9) in a reckless manner while the driver is in violation of section 169.475.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.

 

Sec. 3.  Minnesota Statutes 2016, section 609.2113, subdivision 2, is amended to read:

 

Subd. 2.  Substantial bodily harm.  A person is guilty of criminal vehicular operation resulting in substantial bodily harm and may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $10,000, or both, if the person causes substantial bodily harm to another as a result of operating a motor vehicle:

 

(1) in a grossly negligent manner;

 

(2) in a negligent manner while under the influence of:

 

(i) alcohol;


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(ii) a controlled substance; or

 

(iii) any combination of those elements;

 

(3) while having an alcohol concentration of 0.08 or more;

 

(4) while having an alcohol concentration of 0.08 or more, as measured within two hours of the time of driving;

 

(5) in a negligent manner while knowingly under the influence of a hazardous substance;

 

(6) in a negligent manner while any amount of a controlled substance listed in Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is present in the person's body;

 

(7) where the driver who causes the accident leaves the scene of the accident in violation of section 169.09, subdivision 1 or 6; or

 

(8) where the driver had actual knowledge that a peace officer had previously issued a citation or warning that the motor vehicle was defectively maintained, the driver had actual knowledge that remedial action was not taken, the driver had reason to know that the defect created a present danger to others, and the injury was caused by the defective maintenance.; or

 

(9) in a reckless manner while the driver is in violation of section 169.475.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.

 

Sec. 4.  Minnesota Statutes 2016, section 609.2113, subdivision 3, is amended to read:

 

Subd. 3.  Bodily harm.  A person is guilty of criminal vehicular operation resulting in bodily harm and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both, if the person causes bodily harm to another as a result of operating a motor vehicle:

 

(1) in a grossly negligent manner;

 

(2) in a negligent manner while under the influence of:

 

(i) alcohol;

 

(ii) a controlled substance; or

 

(iii) any combination of those elements;

 

(3) while having an alcohol concentration of 0.08 or more;

 

(4) while having an alcohol concentration of 0.08 or more, as measured within two hours of the time of driving;

 

(5) in a negligent manner while knowingly under the influence of a hazardous substance;

 

(6) in a negligent manner while any amount of a controlled substance listed in Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is present in the person's body;


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(7) where the driver who causes the accident leaves the scene of the accident in violation of section 169.09, subdivision 1 or 6; or

 

(8) where the driver had actual knowledge that a peace officer had previously issued a citation or warning that the motor vehicle was defectively maintained, the driver had actual knowledge that remedial action was not taken, the driver had reason to know that the defect created a present danger to others, and the injury was caused by the defective maintenance.; or

 

(9) in a reckless manner while the driver is in violation of section 169.475.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.

 

Sec. 5.  Minnesota Statutes 2016, section 609.2114, subdivision 1, is amended to read:

 

Subdivision 1.  Death to an unborn child.  (a) Except as provided in paragraph (b), a person is guilty of criminal vehicular operation resulting in death to an unborn child and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both, if the person causes the death of an unborn child as a result of operating a motor vehicle:

 

(1) in a grossly negligent manner;

 

(2) in a negligent manner while under the influence of:

 

(i) alcohol;

 

(ii) a controlled substance; or

 

(iii) any combination of those elements;

 

(3) while having an alcohol concentration of 0.08 or more;

 

(4) while having an alcohol concentration of 0.08 or more, as measured within two hours of the time of driving;

 

(5) in a negligent manner while knowingly under the influence of a hazardous substance;

 

(6) in a negligent manner while any amount of a controlled substance listed in Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is present in the person's body;

 

(7) where the driver who causes the accident leaves the scene of the accident in violation of section 169.09, subdivision 1 or 6; or

 

(8) where the driver had actual knowledge that a peace officer had previously issued a citation or warning that the motor vehicle was defectively maintained, the driver had actual knowledge that remedial action was not taken, the driver had reason to know that the defect created a present danger to others, and the injury was caused by the defective maintenance.; or

 

(9) in a reckless manner while the driver is in violation of section 169.475.

 

(b) If a person is sentenced under paragraph (a) for a violation under paragraph (a), clauses (2) to (6), occurring within ten years of a qualified prior driving offense, the statutory maximum sentence of imprisonment is 15 years.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.


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Sec. 6.  Minnesota Statutes 2016, section 609.2114, subdivision 2, is amended to read:

 

Subd. 2.  Injury to an unborn child.  A person is guilty of criminal vehicular operation resulting in injury to an unborn child and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if the person causes the great bodily harm to an unborn child subsequently born alive as a result of operating a motor vehicle:

 

(1) in a grossly negligent manner;

 

(2) in a negligent manner while under the influence of:

 

(i) alcohol;

 

(ii) a controlled substance; or

 

(iii) any combination of those elements;

 

(3) while having an alcohol concentration of 0.08 or more;

 

(4) while having an alcohol concentration of 0.08 or more, as measured within two hours of the time of driving;

 

(5) in a negligent manner while knowingly under the influence of a hazardous substance;

 

(6) in a negligent manner while any amount of a controlled substance listed in Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is present in the person's body;

 

(7) where the driver who causes the accident leaves the scene of the accident in violation of section 169.09, subdivision 1 or 6; or

 

(8) where the driver had actual knowledge that a peace officer had previously issued a citation or warning that the motor vehicle was defectively maintained, the driver had actual knowledge that remedial action was not taken, the driver had reason to know that the defect created a present danger to others, and the injury was caused by the defective maintenance.; or

 

(9) in a reckless manner while the driver is in violation of section 169.475.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.

 

Sec. 7.  Minnesota Statutes 2016, section 609.2231, subdivision 1, is amended to read:

 

Subdivision 1.  Peace officers.  (a) As used in this subdivision, "peace officer" means a person who is licensed under section 626.845, subdivision 1, and effecting a lawful arrest or executing any other duty imposed by law.

 

(b) Whoever physically assaults a peace officer is guilty of a gross misdemeanor felony and may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $4,000, or both.

 

(c) Whoever commits either of the following acts against a peace officer is guilty of a felony and may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $6,000, or both:  (1) physically assaults the officer if the assault inflicts demonstrable bodily harm; or (2) intentionally throws or otherwise transfers bodily fluids or feces at or onto the officer.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.


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Sec. 8.  Minnesota Statutes 2016, section 609.2231, subdivision 2, is amended to read:

 

Subd. 2.  Firefighters and emergency medical personnel.  (a) Whoever physically assaults any of the following persons and inflicts demonstrable bodily harm is guilty of a felony and may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $4,000, or both gross misdemeanor:

 

(1) a member of a municipal or volunteer fire department or emergency medical services personnel unit in the performance of the member's duties; or

 

(2) a physician, nurse, or other person providing health care services in a hospital emergency department.

 

(b) Whoever commits either of the following acts against a person identified in paragraph (a), clause (1) or (2), is guilty of a felony and may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $6,000, or both:

 

(1) physically assaults the person and the assault inflicts demonstrable bodily harm; or

 

(2) intentionally throws or otherwise transfers bodily fluids or feces at or onto the person.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.

 

Sec. 9.  Minnesota Statutes 2016, section 609.2231, subdivision 3a, is amended to read:

 

Subd. 3a.  Secure treatment facility personnel.  (a) As used in this subdivision, "secure treatment facility" includes facilities listed in sections 253B.02, subdivision 18a, and 253D.02, subdivision 13.

 

(b) Whoever, while committed under chapter 253D, Minnesota Statutes 2012, section 253B.185, or Minnesota Statutes 1992, section 526.10, commits either of the following acts against an employee or other individual who provides care or treatment at a secure treatment facility while the person is engaged in the performance of a duty imposed by law, policy, or rule is guilty of a felony and may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $4,000, or both:

 

(1) assaults the person and inflicts demonstrable bodily harm; or

 

(2) intentionally throws or otherwise transfers bodily fluids or feces at or onto the person.

 

(c) Whoever, while committed under section 253B.18, or admitted under the provision of section 253B.10, subdivision 1, commits either of the following acts against an employee or other individual who supervises and works directly with patients at a secure treatment facility while the person is engaged in the performance of a duty imposed by law, policy, or rule, is guilty of a felony and may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $4,000, or both:

 

(1) assaults the person and inflicts demonstrable bodily harm; or

 

(2) intentionally throws or otherwise transfers urine, blood, semen, bodily fluids or feces at or onto the person.

 

(d) The court shall commit a person convicted of violating paragraph (b) to the custody of the commissioner of corrections for not less than one year and one day.  The court may not, on its own motion or the prosecutor's motion, sentence a person without regard to this paragraph.  A person convicted and sentenced as required by this paragraph is not eligible for probation, parole, discharge, work release, or supervised release, until that person has served the full term of imprisonment as provided by law, notwithstanding the provisions of sections 241.26, 242.19, 243.05, 244.04, 609.12, and 609.135.


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(e) Notwithstanding the statutory maximum sentence provided in paragraph (b), when a court sentences a person to the custody of the commissioner of corrections for a violation of paragraph (b), the court shall provide that after the person has been released from prison, the commissioner shall place the person on conditional release for five years.  The terms of conditional release are governed by sections 244.05 and 609.3455, subdivision 6, 7, or 8; and Minnesota Statutes 2004, section 609.109.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.

 

Sec. 10.  Minnesota Statutes 2016, section 609.324, subdivision 3, is amended to read:

 

Subd. 3.  General prostitution crimes; penalties for patrons.  (a) Whoever, while acting as a patron, intentionally does any of the following is guilty of a misdemeanor:

 

(1) engages in prostitution with an individual 18 years of age or older; or

 

(2) hires, offers to hire, or agrees to hire an individual 18 years of age or older to engage in sexual penetration or sexual contact.  Except as otherwise provided in subdivision 4, a person who is convicted of violating this paragraph must, at a minimum, be sentenced to pay a fine of at least $500 $750.

 

(b) Whoever violates the provisions of this subdivision within two years of a previous prostitution conviction for violating this section or section 609.322 is guilty of a gross misdemeanor.  Except as otherwise provided in subdivision 4, a person who is convicted of violating this paragraph must, at a minimum, be sentenced as follows:

 

(1) to pay a fine of at least $1,500; and

 

(2) to serve 20 hours of community work service.

 

The court may waive the mandatory community work service if it makes specific, written findings that the community work service is not feasible or appropriate under the circumstances of the case.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.

 

Sec. 11.  Minnesota Statutes 2016, section 609.324, is amended by adding a subdivision to read:

 

Subd. 3a.  Penalties for patrons; repeat offenders.  Whoever violates the provisions of subdivision 2 or 3 within ten years of a previous prostitution conviction for violating this section or section 609.322 is guilty of a felony.  Except as otherwise provided in subdivision 4, a person who is convicted of violating this paragraph must, at a minimum, be sentenced as follows:

 

(1) to pay a fine of at least $3,000; and

 

(2) to serve 100 hours of community work service in addition to any period of incarceration in a local jail or workhouse imposed as an intermediate sanction.

 

The court may waive the mandatory community work service if it makes specific, written findings that the community work service is not feasible or appropriate under the circumstances of the case.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.


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Sec. 12.  Minnesota Statutes 2016, section 609.324, subdivision 4, is amended to read:

 

Subd. 4.  Community service in lieu of minimum fine.  The court may order a person convicted of violating subdivision 2 or, 3, or 3a to perform community work service in lieu of all or a portion of the minimum fine required under those subdivisions if the court makes specific, written findings that the convicted person is indigent or that payment of the fine would create undue hardship for the convicted person or that person's immediate family.  Community work service ordered under this subdivision is in addition to any mandatory community work service ordered under subdivision 3 3a.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.

 

Sec. 13.  Minnesota Statutes 2016, section 609.52, subdivision 3, is amended to read:

 

Subd. 3.  Sentence.  Whoever commits theft may be sentenced as follows:

 

(1) to imprisonment for not more than 20 years or to payment of a fine of not more than $100,000, or both, if the property is a firearm, or the value of the property or services stolen is more than $35,000 and the conviction is for a violation of subdivision 2, clause (3), (4), (15), or (16), or section 609.2335, subdivision 1, clause (1) or (2), item (i); or

 

(2) to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both, if the value of the property or services stolen exceeds $5,000, or if the property stolen was an article representing a trade secret, an explosive or incendiary device, or a controlled substance listed in Schedule I or II pursuant to section 152.02 with the exception of marijuana; or

 

(3) to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if any of the following circumstances exist:

 

(a) the value of the property or services stolen is more than $1,000 but not more than $5,000; or

 

(b) the property stolen was a controlled substance listed in Schedule III, IV, or V pursuant to section 152.02; or

 

(c) the value of the property or services stolen is more than $500 but not more than $1,000 and the person has been convicted within the preceding five years for an offense under this section, section 256.98; 268.182; 609.24; 609.245; 609.53; 609.582, subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or 609.821, or a statute from another state, the United States, or a foreign jurisdiction, in conformity with any of those sections, and the person received a felony or gross misdemeanor sentence for the offense, or a sentence that was stayed under section 609.135 if the offense to which a plea was entered would allow imposition of a felony or gross misdemeanor sentence; or

 

(d) the value of the property or services stolen is not more than $1,000, and any of the following circumstances exist:

 

(i) the property is taken from the person of another or from a corpse, or grave or coffin containing a corpse; or

 

(ii) the property is a record of a court or officer, or a writing, instrument or record kept, filed or deposited according to law with or in the keeping of any public officer or office; or

 

(iii) the property is taken from a burning, abandoned, or vacant building or upon its removal therefrom, or from an area of destruction caused by civil disaster, riot, bombing, or the proximity of battle; or

 

(iv) the property consists of public funds belonging to the state or to any political subdivision or agency thereof; or


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(v) the property stolen is a motor vehicle; or

 

(e) the value of the property or services stolen is $500 or less and the person violates this section within five years of the first of 24 prior convictions for an offense under this section; section 176.178; 256.98; 268.182; 609.24; 609.245; 609.53; 609.582, subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or 609.821; or a statute from another state, the United States, or a foreign jurisdiction in conformity with any of those sections; or

 

(4) to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both, if the value of the property or services stolen is more than $500 but not more than $1,000; or any of the following circumstances exist:

 

(a) the value of the property or services stolen is more than $500 but not more than $1,000; or

 

(b) the value of the property or services stolen is $500 or less and the person violates this section within five years of the first of two prior convictions for an offense under this section; section 176.178; 256.98; 268.182; 609.24; 609.245; 609.53; 609.582, subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or 609.821; or a statute from another state, the United States, or a foreign jurisdiction in conformity with any of those sections; or

 

(5) in all other cases where the value of the property or services stolen is $500 or less, to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both, provided, however, in any prosecution under subdivision 2, clauses (1), (2), (3), (4), and (13), the value of the money or property or services received by the defendant in violation of any one or more of the above provisions within any six-month period may be aggregated and the defendant charged accordingly in applying the provisions of this subdivision; provided that when two or more offenses are committed by the same person in two or more counties, the accused may be prosecuted in any county in which one of the offenses was committed for all of the offenses aggregated under this paragraph.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.

 

Sec. 14.  Minnesota Statutes 2016, section 609.74, is amended to read:

 

609.74 PUBLIC NUISANCE.

 

(a) Whoever by an act or failure to perform a legal duty intentionally does any of the following is guilty of maintaining a public nuisance, which is a misdemeanor:

 

(1) maintains or permits a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort, or repose of any considerable number of members of the public; or

 

(2) except as provided in paragraph (b), interferes with, obstructs, or renders dangerous for passage, any public highway or right-of-way, or waters used by the public; or

 

(3) is guilty of any other act or omission declared by law to be a public nuisance and for which no sentence is specifically provided.

 

(b) It is a gross misdemeanor for a person to interfere with or obstruct traffic that is entering, exiting, or on a freeway or entering, exiting, or on a public roadway within the boundaries of airport property with the intent to interfere with, obstruct, or otherwise disrupt traffic.  This paragraph does not apply to the actions of law enforcement or other emergency responders, road or airport authorities, or utility officials, or their agents, employees, or


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contractors when carrying out duties imposed by law or contract.  For purposes of this paragraph:  (1) "airport" means an airport that has a control tower and airline service; and (2) "freeway" means any section of a divided highway where the only access and egress for vehicular traffic is from entrance and exit ramps.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.

 

Sec. 15.  Minnesota Statutes 2016, section 609.855, subdivision 2, is amended to read:

 

Subd. 2.  Unlawful interference with transit operator.  (a) Whoever intentionally commits an act that interferes with or obstructs, or tends to interfere with or obstruct, the operation of a transit vehicle is guilty of unlawful interference with a transit operator a crime and may be sentenced as provided in paragraph (c).

 

(b) An act that is committed on a transit vehicle that distracts the driver from the safe operation of the vehicle, restricts passenger access to the transit vehicle, or that endangers passengers is a violation of this subdivision if an authorized transit representative has clearly warned the person once to stop the act.

 

(c) A person who violates this subdivision may be sentenced as follows:

 

(1) to imprisonment for not more than three years or to payment of a fine of not more than $5,000, or both, if the violation was accompanied by force or violence or a communication of a threat of force or violence; or

 

(2) to imprisonment for not more than 90 days one year or to payment of a fine of not more than $1,000 $3,000, or both, if the violation was not accompanied by force or violence or a communication of a threat of force or violence.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.

 

ARTICLE 5

SEX OFFENDERS

 

Section 1.  Minnesota Statutes 2016, section 609.095, is amended to read:

 

609.095 LIMITS OF SENTENCES.

 

(a) The legislature has the exclusive authority to define crimes and offenses and the range of the sentences or punishments for their violation.  No other or different sentence or punishment shall be imposed for the commission of a crime than is authorized by this chapter or other applicable law.

 

(b) Except as provided in section 152.18 or 609.375, or upon agreement of the parties, a court may not refuse to adjudicate the guilt of a defendant who tenders a guilty plea in accordance with Minnesota Rules of Criminal Procedure, rule 15, or who has been found guilty by a court or jury following a trial.  A decision by the court to issue a stay of adjudication under this paragraph for a charge of violating section 243.166, 609.342, 609.343, 609.344, 609.345, 609.3451, subdivision 3, or 609.3453, must be justified in writing and on the record.

 

(c) Paragraph (b) does not supersede Minnesota Rules of Criminal Procedure, rule 26.04.

 

(d) The rules promulgated by the Supreme Court shall provide for remote access, searchable by defendant name, to the publicly accessible portions of the district court register of actions, orders, notices prepared by the court, and any other documents in a case:


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(1) that includes a charge for violating section 243.166, 609.342, 609.343, 609.344, 609.345, 609.3451, subdivision 3, or 609.3453; and

 

(2) in which a court did not adjudicate the guilt of a defendant who tendered a guilty plea in accordance with Minnesota Rules of Criminal Procedure, rule 15, or who has been found guilty by a court or jury following a trial.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.

 

Sec. 2.  Minnesota Statutes 2016, section 609.341, subdivision 10, is amended to read:

 

Subd. 10.  Current or recent position of authority.  "Current or recent position of authority" includes but is not limited to any person who is a parent or acting in the place of a parent and charged with or assumes any of a parent's rights, duties or responsibilities to a child, or a person who is charged with or assumes any duty or responsibility for the health, welfare, or supervision of a child, either independently or through another, no matter how brief, at the time of or within 120 days immediately preceding the act.  For the purposes of subdivision 11, "position of authority" includes a psychotherapist.  For the purposes of sections 609.344, subdivision 1, paragraph (e), clause (2), and 609.345, subdivision 1, paragraph (e), clause (2), the term extends to a person having the described authority over a student in a secondary school who is at least 16 but less than 21 years of age under the circumstances described in those two clauses.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.

 

Sec. 3.  Minnesota Statutes 2016, section 609.341, is amended by adding a subdivision to read:

 

Subd. 24.  Secondary school.  "Secondary school" means any public or private school meeting the standards established by the commissioner of education that enrolls students in grades 7 through 12 or that provides special education services to students who have completed grade 12 including charter schools, alternative learning centers, schools with classes that are held off campus or school grounds, special school districts, universities, colleges, vocational or technical colleges, or other postsecondary educational institutions that provide educational courses or programs for public or private schools that enroll students in grades 7 through 12 or that provide special educational services to students who have competed grade 12.

 

Sec. 4.  Minnesota Statutes 2016, section 609.341, is amended by adding a subdivision to read:

 

Subd. 25.  Independent contractor.  For purposes of sections 609.344, subdivision 1, paragraph (e), and 609.345, subdivision 1, paragraph (e), "independent contractor" means any person who contracts with a secondary school or any person employed by a business that contracts with a secondary school.

 

Sec. 5.  Minnesota Statutes 2016, section 609.342, subdivision 1, is amended to read:

 

Subdivision 1.  Crime defined.  A person who engages in sexual penetration with another person, or in sexual contact with a person under 13 years of age as defined in section 609.341, subdivision 11, paragraph (c), is guilty of criminal sexual conduct in the first degree if any of the following circumstances exists:

 

(a) the complainant is under 13 years of age and the actor is more than 36 months older than the complainant.  Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense;


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(b) the complainant is at least 13 years of age but less than 16 years of age and the actor is more than 48 months older than the complainant and in a current or recent position of authority over the complainant.  Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense;

 

(c) circumstances existing at the time of the act cause the complainant to have a reasonable fear of imminent great bodily harm to the complainant or another;

 

(d) the actor is armed with a dangerous weapon or any article used or fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses or threatens to use the weapon or article to cause the complainant to submit;

 

(e) the actor causes personal injury to the complainant, and either of the following circumstances exist:

 

(i) the actor uses force or coercion to accomplish sexual penetration; or

 

(ii) the actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless;

 

(f) the actor is aided or abetted by one or more accomplices within the meaning of section 609.05, and either of the following circumstances exists:

 

(i) an accomplice uses force or coercion to cause the complainant to submit; or

 

(ii) an accomplice is armed with a dangerous weapon or any article used or fashioned in a manner to lead the complainant reasonably to believe it to be a dangerous weapon and uses or threatens to use the weapon or article to cause the complainant to submit;

 

(g) the actor has a significant relationship to the complainant and the complainant was under 16 years of age at the time of the sexual penetration.  Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense; or

 

(h) the actor has a significant relationship to the complainant, the complainant was under 16 years of age at the time of the sexual penetration, and:

 

(i) the actor or an accomplice used force or coercion to accomplish the penetration;

 

(ii) the complainant suffered personal injury; or

 

(iii) the sexual abuse involved multiple acts committed over an extended period of time.

 

Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.

 

Sec. 6.  Minnesota Statutes 2016, section 609.342, subdivision 2, is amended to read:

 

Subd. 2.  Penalty.  (a) Except as otherwise provided in section 609.3455; or Minnesota Statutes 2004, section 609.109, a person convicted under subdivision 1 may be sentenced to imprisonment for not more than 30 years or to a payment of a fine of not more than $40,000, or both.


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(b) 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 144 months must be imposed on an offender convicted of violating this section.  Sentencing a person in a manner other than that described in this paragraph is a departure from the Sentencing Guidelines.

 

(c) A person convicted under this section is also subject to conditional release, extended probation, and intensive probation under section 609.3455.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.

 

Sec. 7.  Minnesota Statutes 2016, section 609.343, subdivision 1, is amended to read:

 

Subdivision 1.  Crime defined.  A person who engages in sexual contact with another person is guilty of criminal sexual conduct in the second degree if any of the following circumstances exists:

 

(a) the complainant is under 13 years of age and the actor is more than 36 months older than the complainant.  Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense.  In a prosecution under this clause, the state is not required to prove that the sexual contact was coerced;

 

(b) the complainant is at least 13 but less than 16 years of age and the actor is more than 48 months older than the complainant and in a current or recent position of authority over the complainant.  Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense;

 

(c) circumstances existing at the time of the act cause the complainant to have a reasonable fear of imminent great bodily harm to the complainant or another;

 

(d) the actor is armed with a dangerous weapon or any article used or fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses or threatens to use the dangerous weapon to cause the complainant to submit;

 

(e) the actor causes personal injury to the complainant, and either of the following circumstances exist:

 

(i) the actor uses force or coercion to accomplish the sexual contact; or

 

(ii) the actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless;

 

(f) the actor is aided or abetted by one or more accomplices within the meaning of section 609.05, and either of the following circumstances exists:

 

(i) an accomplice uses force or coercion to cause the complainant to submit; or

 

(ii) an accomplice is armed with a dangerous weapon or any article used or fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses or threatens to use the weapon or article to cause the complainant to submit;

 

(g) the actor has a significant relationship to the complainant and the complainant was under 16 years of age at the time of the sexual contact.  Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense; or


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(h) the actor has a significant relationship to the complainant, the complainant was under 16 years of age at the time of the sexual contact, and:

 

(i) the actor or an accomplice used force or coercion to accomplish the contact;

 

(ii) the complainant suffered personal injury; or

 

(iii) the sexual abuse involved multiple acts committed over an extended period of time.

 

Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.

 

Sec. 8.  Minnesota Statutes 2016, section 609.343, subdivision 2, is amended to read:

 

Subd. 2.  Penalty.  (a) Except as otherwise provided in section 609.3455; or Minnesota Statutes 2004, section 609.109, a person convicted under subdivision 1 may be sentenced to imprisonment for not more than 25 years or to a payment of a fine of not more than $35,000, or both.

 

(b) 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 90 months must be imposed on an offender convicted of violating subdivision 1, clause (c), (d), (e), (f), or (h).  Sentencing a person in a manner other than that described in this paragraph is a departure from the Sentencing Guidelines.

 

(c) A person convicted under this section is also subject to conditional release, extended probation, and intensive probation under section 609.3455.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.

 

Sec. 9.  Minnesota Statutes 2016, section 609.344, subdivision 1, is amended to read:

 

Subdivision 1.  Crime defined.  A person who engages in sexual penetration with another person is guilty of criminal sexual conduct in the third degree if any of the following circumstances exists:

 

(a) the complainant is under 13 years of age and the actor is no more than 36 months older than the complainant.  Neither mistake as to the complainant's age nor consent to the act by the complainant shall be a defense;

 

(b) the complainant is at least 13 but less than 16 years of age and the actor is more than 24 months older than the complainant.  In any such case if the actor is no more than 120 months older than the complainant, it shall be an affirmative defense, which must be proved by a preponderance of the evidence, that the actor reasonably believes the complainant to be 16 years of age or older.  In all other cases, mistake as to the complainant's age shall not be a defense.  Consent by the complainant is not a defense;

 

(c) the actor uses force or coercion to accomplish the penetration;

 

(d) the actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless;

 

(e) the complainant is:


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(1) at least 16 but less than 18 years of age and the actor is more than 48 months older than the complainant and in a current or recent position of authority over the complainant; or

 

(2) at least 16 but less than 21 years of age and a student in a secondary school who has not graduated and received a diploma and the actor is an employee, volunteer, or independent contractor of the secondary school and in a current or recent position of authority over the complainant.

 

Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense;

 

(f) the actor has a significant relationship to the complainant and the complainant was at least 16 but under 18 years of age at the time of the sexual penetration.  Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense;

 

(g) the actor has a significant relationship to the complainant, the complainant was at least 16 but under 18 years of age at the time of the sexual penetration, and:

 

(i) the actor or an accomplice used force or coercion to accomplish the penetration;

 

(ii) the complainant suffered personal injury; or

 

(iii) the sexual abuse involved multiple acts committed over an extended period of time.

 

Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense;

 

(h) the actor is a psychotherapist and the complainant is a patient of the psychotherapist and the sexual penetration occurred:

 

(i) during the psychotherapy session; or

 

(ii) outside the psychotherapy session if an ongoing psychotherapist-patient relationship exists.

 

Consent by the complainant is not a defense;

 

(i) the actor is a psychotherapist and the complainant is a former patient of the psychotherapist and the former patient is emotionally dependent upon the psychotherapist;

 

(j) the actor is a psychotherapist and the complainant is a patient or former patient and the sexual penetration occurred by means of therapeutic deception.  Consent by the complainant is not a defense;

 

(k) the actor accomplishes the sexual penetration by means of deception or false representation that the penetration is for a bona fide medical purpose.  Consent by the complainant is not a defense;

 

(1) the actor is or purports to be a member of the clergy, the complainant is not married to the actor, and:

 

(i) the sexual penetration occurred during the course of a meeting in which the complainant sought or received religious or spiritual advice, aid, or comfort from the actor in private; or

 

(ii) the sexual penetration occurred during a period of time in which the complainant was meeting on an ongoing basis with the actor to seek or receive religious or spiritual advice, aid, or comfort in private.  Consent by the complainant is not a defense;


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(m) the actor is an employee, independent contractor, or volunteer of a state, county, city, or privately operated adult or juvenile correctional system, or secure treatment facility, or treatment facility providing services to clients civilly committed as mentally ill and dangerous, sexually dangerous persons, or sexual psychopathic personalities, including, but not limited to, jails, prisons, detention centers, or work release facilities, and the complainant is a resident of a facility or under supervision of the correctional system.  Consent by the complainant is not a defense;

 

(n) the actor provides or is an agent of an entity that provides special transportation service, the complainant used the special transportation service, and the sexual penetration occurred during or immediately before or after the actor transported the complainant.  Consent by the complainant is not a defense; or

 

(o) the actor performs massage or other bodywork for hire, the complainant was a user of one of those services, and nonconsensual sexual penetration occurred during or immediately before or after the actor performed or was hired to perform one of those services for the complainant; or

 

(p) the actor is a peace officer, as defined in section 626.84, subdivision 1, paragraph (c), or a part-time peace officer, as defined in section 626.84, subdivision 1, paragraph (d), and the officer physically or constructively restrains the complainant or the complainant does not reasonably feel free to leave the officer's presence.  Consent by the complainant is not a defense.  This paragraph does not apply to any penetration of the mouth, genitals, or anus during a lawful search.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.

 

Sec. 10.  Minnesota Statutes 2016, section 609.344, subdivision 2, is amended to read:

 

Subd. 2.  Penalty.  Except as otherwise provided in section 609.3455, a person convicted under subdivision 1 may be sentenced:

 

(1) to imprisonment for not more than 15 years or to a payment of a fine of not more than $30,000, or both; or

 

(2) if the person was convicted under subdivision 1, paragraph (b), and if the actor was no more than 48 months but more than 24 months older than the complainant, to imprisonment for not more than five years or a fine of not more than $30,000, or both.

 

A person convicted under this section is also subject to conditional release, extended probation, and intensive probation under section 609.3455.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.

 

Sec. 11.  Minnesota Statutes 2016, section 609.345, subdivision 1, is amended to read:

 

Subdivision 1.  Crime defined.  A person who engages in sexual contact with another person is guilty of criminal sexual conduct in the fourth degree if any of the following circumstances exists:

 

(a) the complainant is under 13 years of age and the actor is no more than 36 months older than the complainant.  Neither mistake as to the complainant's age or consent to the act by the complainant is a defense.  In a prosecution under this clause, the state is not required to prove that the sexual contact was coerced;

 

(b) the complainant is at least 13 but less than 16 years of age and the actor is more than 48 months older than the complainant or in a current or recent position of authority over the complainant.  Consent by the complainant to the act is not a defense.  In any such case, if the actor is no more than 120 months older than the complainant, it shall


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be an affirmative defense which must be proved by a preponderance of the evidence that the actor reasonably believes the complainant to be 16 years of age or older.  In all other cases, mistake as to the complainant's age shall not be a defense;

 

(c) the actor uses force or coercion to accomplish the sexual contact;

 

(d) the actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless;

 

(e) the complainant is:

 

(1) at least 16 but less than 18 years of age and the actor is more than 48 months older than the complainant and in a current or recent position of authority over the complainant; or

 

(2) at least 16 but less than 21 years of age and a student in a secondary school who has not graduated and received a diploma and the actor is an employee, volunteer, or independent contractor of the secondary school and in a current or recent position of authority over the complainant.

 

Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense;

 

(f) the actor has a significant relationship to the complainant and the complainant was at least 16 but under 18 years of age at the time of the sexual contact.  Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense;

 

(g) the actor has a significant relationship to the complainant, the complainant was at least 16 but under 18 years of age at the time of the sexual contact, and:

 

(i) the actor or an accomplice used force or coercion to accomplish the contact;

 

(ii) the complainant suffered personal injury; or

 

(iii) the sexual abuse involved multiple acts committed over an extended period of time.

 

Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense;

 

(h) the actor is a psychotherapist and the complainant is a patient of the psychotherapist and the sexual contact occurred:

 

(i) during the psychotherapy session; or

 

(ii) outside the psychotherapy session if an ongoing psychotherapist-patient relationship exists.  Consent by the complainant is not a defense;

 

(i) the actor is a psychotherapist and the complainant is a former patient of the psychotherapist and the former patient is emotionally dependent upon the psychotherapist;

 

(j) the actor is a psychotherapist and the complainant is a patient or former patient and the sexual contact occurred by means of therapeutic deception.  Consent by the complainant is not a defense;

 

(k) the actor accomplishes the sexual contact by means of deception or false representation that the contact is for a bona fide medical purpose.  Consent by the complainant is not a defense;


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(1) the actor is or purports to be a member of the clergy, the complainant is not married to the actor, and:

 

(i) the sexual contact occurred during the course of a meeting in which the complainant sought or received religious or spiritual advice, aid, or comfort from the actor in private; or

 

(ii) the sexual contact occurred during a period of time in which the complainant was meeting on an ongoing basis with the actor to seek or receive religious or spiritual advice, aid, or comfort in private.  Consent by the complainant is not a defense;

 

(m) the actor is an employee, independent contractor, or volunteer of a state, county, city, or privately operated adult or juvenile correctional system, or secure treatment facility, or treatment facility providing services to clients civilly committed as mentally ill and dangerous, sexually dangerous persons, or sexual psychopathic personalities, including, but not limited to, jails, prisons, detention centers, or work release facilities, and the complainant is a resident of a facility or under supervision of the correctional system.  Consent by the complainant is not a defense;

 

(n) the actor provides or is an agent of an entity that provides special transportation service, the complainant used the special transportation service, the complainant is not married to the actor, and the sexual contact occurred during or immediately before or after the actor transported the complainant.  Consent by the complainant is not a defense; or

 

(o) the actor performs massage or other bodywork for hire, the complainant was a user of one of those services, and nonconsensual sexual contact occurred during or immediately before or after the actor performed or was hired to perform one of those services for the complainant; or

 

(p) the actor is a peace officer, as defined in section 626.84, subdivision 1, paragraph (c), or a part-time peace officer, as defined in section 626.84, subdivision 1, paragraph (d), and the officer physically or constructively restrains the complainant or the complainant does not reasonably feel free to leave the officer's presence.  Consent by the complainant is not a defense.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.

 

Sec. 12.  Minnesota Statutes 2016, section 609.345, subdivision 2, is amended to read:

 

Subd. 2.  Penalty.  Except as otherwise provided in section 609.3455, a person convicted under subdivision 1 may be sentenced to imprisonment for not more than ten years or to a payment of a fine of not more than $20,000, or both.  A person convicted under this section is also subject to conditional release, extended probation, and intensive probation under section 609.3455.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.

 

Sec. 13.  Minnesota Statutes 2016, section 609.3451, subdivision 1, is amended to read:

 

Subdivision 1.  Crime defined.  A person is guilty of criminal sexual conduct in the fifth degree:

 

(1) if the person engages in nonconsensual sexual contact; or

 

(2) the person engages in masturbation or lewd exhibition of the genitals in the presence of a minor under the age of 16, knowing or having reason to know the minor is present.


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For purposes of this section, "sexual contact" has the meaning given in section 609.341, subdivision 11, paragraph (a), clauses (i), (iv), and (v), but does not include the intentional touching of the clothing covering the immediate area of the buttocks.  Sexual contact also includes the intentional removal or attempted removal of clothing covering the complainant's intimate parts or undergarments, and the nonconsensual touching by the complainant of the actor's intimate parts, effected by the actor, if the action is performed with sexual or aggressive intent.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.

 

Sec. 14.  Minnesota Statutes 2016, section 609.3451, subdivision 3, is amended to read:

 

Subd. 3.  Felony.  (a) A person is guilty of a felony and may be sentenced to imprisonment for not more than seven years or to payment of a fine of not more than $14,000, or both, if the person violates this section within seven years of:

 

(1) a previous conviction for violating subdivision 1, clause (2), a crime described in paragraph (b), or a statute from another state in conformity with any of these offenses; or

 

(2) the first of two or more previous convictions for violating subdivision 1, clause (1), or a statute from another state in conformity with this offense.

 

(b) A previous conviction for violating section 609.342; 609.343; 609.344; 609.345; 609.3453; 617.23, subdivision 2, clause (2), or subdivision 3; or 617.247 may be used to enhance a criminal penalty as provided in paragraph (a).

 

(c) A person convicted under this subdivision is also subject to conditional release, extended probation, and intensive probation under section 609.3455.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.

 

Sec. 15.  Minnesota Statutes 2016, section 609.3455, subdivision 6, is amended to read:

 

Subd. 6.  Mandatory ten-year 25-year conditional release term.  (a) Notwithstanding the statutory maximum sentence otherwise applicable to the offense and unless a longer conditional release term is required in subdivision 7, when a court commits an offender to the custody of the commissioner of corrections for a violation of section 609.342, 609.343, 609.344, 609.345, or 609.3453, the court shall provide that, after the offender has been released from prison, the commissioner shall place the offender on conditional release for ten at least 25 years.

 

(b) An offender on conditional release pursuant to paragraph (a) may petition the sentencing court for an order terminating the conditional release term.  The petition can be filed no sooner than ten years after the commissioner places the offender on conditional release, the offender has been convicted of a crime, or the commissioner has revoked the offender's conditional release, whichever is later.  A copy of the petition must be served on the prosecuting attorney.  The prosecuting attorney must provide notice of a petition to terminate conditional release to victims who requested notification under section 611A.06.  The court must hold a hearing on a petition.  Terminating conditional release is an extraordinary remedy to be granted only upon clear and convincing evidence that terminating the offender's conditional release is consistent with public safety.  The court must consider the testimony of the offender's victims before ruling on the offender's petition.  If the court denies an offender's petition to terminate conditional release, the offender may not file a new petition for five years from the date of the court's order.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.


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Sec. 16.  Minnesota Statutes 2016, section 609.3455, is amended by adding a subdivision to read:

 

Subd. 7a.  Extended probation.  (a) Notwithstanding the statutory maximum sentence otherwise applicable to the offense and otherwise provided in section 609.135, subdivision 2, paragraph (a), when the court does not commit an offender to the commissioner of corrections for a felony violation of section 609.342, 609.343, 609.344, 609.345, 609.3451, or 609.3453, the court shall, after the offender has been released from any term of confinement imposed by the court, place the offender on probation for at least 25 years.

 

(b) An offender on extended probation pursuant to paragraph (a) may petition the sentencing court for an order terminating the extended probation term.  The petition can be filed no sooner than ten years after the court places the offender on extended probation, the offender has been convicted of a crime, or the court has revoked the offender's extended probation, whichever is later.  A copy of the petition must be served on the prosecuting attorney.  The prosecuting attorney must provide notice of a petition to terminate extended probation to victims who requested notification under section 611A.06.  The court must hold a hearing on a petition.  Terminating extended probation is an extraordinary remedy to be granted only upon clear and convincing evidence that terminating the offender's extended probation is consistent with public safety.  The court must consider the testimony of the offender's victims before ruling on the offender's petition.  If the court denies an offender's petition to terminate extended probation, the offender may not file a new petition for five years from the date of the court's order.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.

 

Sec. 17.  Minnesota Statutes 2016, section 609.3455, subdivision 8, is amended to read:

 

Subd. 8.  Terms of conditional release; applicable to all sex offenders.  (a) The provisions of this subdivision relating to conditional release apply to all sex offenders sentenced to prison for a violation of section 609.342, 609.343, 609.344, 609.345, 609.3451, or 609.3453.  Except as provided in this subdivision, conditional release of sex offenders is governed by provisions relating to supervised release.  The commissioner of corrections may not dismiss an offender on conditional release from supervision until the offender's conditional release term expires.

 

(b) The conditions of release may include successful completion of treatment and aftercare in a program approved by the commissioner, satisfaction of the release conditions specified in section 244.05, subdivision 6, and any other conditions the commissioner considers appropriate.  The commissioner shall develop a plan to pay the cost of treatment of a person released under this subdivision.  The plan may include co-payments from offenders, third‑party payers, local agencies, or other funding sources as they are identified.  This section does not require the commissioner to accept or retain an offender in a treatment program.  Before the offender is placed on conditional release, the commissioner shall notify the sentencing court and the prosecutor in the jurisdiction where the offender was sentenced of the terms of the offender's conditional release.  The commissioner also shall make reasonable efforts to notify the victim of the offender's crime of the terms of the offender's conditional release.

 

(c) If the offender fails to meet any condition of release, the commissioner may revoke the offender's conditional release and order that the offender serve all or a part of the remaining portion of the conditional release term in prison.  An offender, while on supervised release, is not entitled to credit against the offender's conditional release term for time served in confinement for a violation of release.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.


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Sec. 18.  Minnesota Statutes 2016, section 609.3455, is amended by adding a subdivision to read:

 

Subd. 8a.  Intensive probation.  (a) When the court does not commit an offender to the commissioner of corrections after a conviction for a felony violation of section 609.342, 609.343, 609.344, 609.345, 609.3451, or 609.3453, the court shall place the offender on intensive probation as provided in this subdivision.

 

(b) Phase I of intensive probation is six months and begins after the offender is released from confinement, if ordered by the court.  Phase II lasts for at least one-third of the time remaining in the offender's imposed sentence at the beginning of phase II.  Phase III lasts for at least one-third of the time remaining in the offender's imposed sentence at the beginning of phase III.  Phase IV continues until the offender's imposed sentence expires.

 

(c) During phase I, the offender will be under house arrest in a residence approved by the offender's probation agent and may not move to another residence without permission.  "House arrest" means that the offender's movements will be severely restricted and continually monitored by the assigned agent.  During phase II, modified house arrest is imposed.  During phases III and IV, the offender is subjected to a daily curfew instead of house arrest.

 

(d) During phase I, the assigned probation agent shall have at least four face-to-face contacts with the offender each week.  During phase II, two face-to-face contacts a week are required.  During phase III, one face-to-face contact a week is required.  During phase IV, two face-to-face contacts a month are required.  When an offender is an inmate of a jail or a resident of a facility that is staffed full time, at least one face-to-face contact a week is required.

 

(e) During phases I, II, III, and IV, the offender must spend at least 40 hours a week performing approved work, undertaking constructive activity designed to obtain employment, or attending a treatment or education program as directed by the agent.  An offender may not spend more than six months in a residential treatment program that does not require the offender to spend at least 40 hours a week performing approved work or undertaking constructive activity designed to obtain employment.

 

(f) During any phase, the offender may be placed on electronic surveillance if the probation agent so directs.  If electronic surveillance is directed during phase I, the court must require that the offender be kept in custody, or that the offender's probation agent or the agent's designee directly supervise the offender, until electronic surveillance is activated.  It is the responsibility of the offender placed on electronic surveillance to ensure that the offender's residence is properly equipped and the offender's telecommunications system is properly configured to support electronic surveillance prior to being released from custody or the direct supervision of a probation agent.  It is a violation of an offender's probation to fail to comply with this paragraph.

 

(g) Throughout all phases of intensive probation, the offender shall submit at any time to an unannounced search of the offender's person, vehicle, computer and other devices that access the Internet or store data, or premises by a probation agent.

 

(h) The court may include any other conditions in the various phases of intensive probation that the court finds necessary and appropriate.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.


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Sec. 19.  Minnesota Statutes 2016, section 617.246, subdivision 2, is amended to read:

 

Subd. 2.  Use of minor.  It is unlawful for a person to promote, employ, use or permit a minor to engage in or assist others to engage minors in posing or modeling alone or with others in any sexual performance or pornographic work if the person knows or has reason to know that the conduct intended is a sexual performance or a pornographic work.

 

Any person who violates this subdivision is guilty of a felony and may be sentenced to imprisonment for not more than ten 15 years or to payment of a fine of not more than $20,000 for the first offense and $40,000 for a second or subsequent offense, or both.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.

 

Sec. 20.  Minnesota Statutes 2016, section 617.246, subdivision 3, is amended to read:

 

Subd. 3.  Operation or ownership of business.  A person who owns or operates a business in which a pornographic work, as defined in this section, is disseminated to an adult or a minor or is reproduced, and who knows the content and character of the pornographic work disseminated or reproduced, is guilty of a felony and may be sentenced to imprisonment for not more than ten 15 years, or to payment of a fine of not more than $20,000 for the first offense and $40,000 for a second or subsequent offense, or both.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.

 

Sec. 21.  Minnesota Statutes 2016, section 617.246, subdivision 4, is amended to read:

 

Subd. 4.  Dissemination.  A person who, knowing or with reason to know its content and character, disseminates for profit to an adult or a minor a pornographic work, as defined in this section, is guilty of a felony and may be sentenced to imprisonment for not more than ten 15 years, or to payment of a fine of not more than $20,000 for the first offense and $40,000 for a second or subsequent offense, or both.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.

 

Sec. 22.  Minnesota Statutes 2016, section 617.246, subdivision 7, is amended to read:

 

Subd. 7.  Conditional release term.  Notwithstanding the statutory maximum sentence otherwise applicable to the offense or any provision of the sentencing guidelines, when a court commits a person to the custody of the commissioner of corrections for violating this section, the court shall provide that after the person has been released from prison, the commissioner shall place the person on conditional release for five ten years.  If the person has previously been convicted of a violation of this section, section 609.342, 609.343, 609.344, 609.345, 609.3451, 609.3453, or 617.247, or any similar statute of the United States, this state, or any state, the commissioner shall place the person on conditional release for ten at least 25 years.  The terms of conditional release are governed by section 609.3455, subdivision 8.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.


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Sec. 23.  Minnesota Statutes 2016, section 617.246, is amended by adding a subdivision to read:

 

Subd. 8.  Mandatory minimum sentence.  A person convicted under this section must serve a minimum of six months of incarceration.  If the person (1) has a prior conviction under this section or section 617.247, or (2) is required to register as a predatory offender, the person must serve a minimum of 12 months of incarceration.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.

 

Sec. 24.  Minnesota Statutes 2016, section 617.247, subdivision 3, is amended to read:

 

Subd. 3.  Dissemination prohibited.  (a) A person who disseminates pornographic work to an adult or a minor, knowing or with reason to know its content and character, is guilty of a felony and may be sentenced to imprisonment for not more than seven ten years and a fine of not more than $10,000 for a first offense and for not more than 15 20 years and a fine of not more than $20,000 for a second or subsequent offense.

 

(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to imprisonment for not more than 15 20 years if the violation occurs when the person is a registered predatory offender under section 243.166.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.

 

Sec. 25.  Minnesota Statutes 2016, section 617.247, subdivision 4, is amended to read:

 

Subd. 4.  Possession prohibited.  (a) A person who possesses a pornographic work or a computer disk or computer or other electronic, magnetic, or optical storage system or a storage system of any other type, containing a pornographic work, knowing or with reason to know its content and character, is guilty of a felony and may be sentenced to imprisonment for not more than five seven years and a fine of not more than $5,000 $7,500 for a first offense and for not more than ten 15 years and a fine of not more than $10,000 $15,000 for a second or subsequent offense.

 

(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to imprisonment for not more than ten 15 years if the violation occurs when the person is a registered predatory offender under section 243.166.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.

 

Sec. 26.  Minnesota Statutes 2016, section 617.247, subdivision 9, is amended to read:

 

Subd. 9.  Conditional release term.  Notwithstanding the statutory maximum sentence otherwise applicable to the offense or any provision of the sentencing guidelines, when a court commits a person to the custody of the commissioner of corrections for violating this section, the court shall provide that after the person has been released from prison, the commissioner shall place the person on conditional release for five ten years.  If the person has previously been convicted of a violation of this section, section 609.342, 609.343, 609.344, 609.345, 609.3451, 609.3453, or 617.246, or any similar statute of the United States, this state, or any state, the commissioner shall place the person on conditional release for ten at least 25 years.  The terms of conditional release are governed by section 609.3455, subdivision 8.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.


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Sec. 27.  Minnesota Statutes 2016, section 617.247, is amended by adding a subdivision to read:

 

Subd. 10.  Mandatory minimum sentence.  A person convicted under this section must serve a minimum of six months of incarceration.  If the person (1) has a prior conviction under this section or section 617.246, or (2) is required to register as a predatory offender, the person must serve a minimum of 12 months of incarceration.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.

 

Sec. 28.  SENTENCING GUIDELINES MODIFICATION.

 

The Sentencing Guidelines Commission shall modify the sex offender grid by ranking violations of Minnesota Statutes, section 617.247, subdivision 3 (dissemination of child pornography - subsequent or by predatory offender), in severity level C; violations of Minnesota Statutes, sections 617.246 (use of minors in sexual performance), 617.247, subdivision 3 (dissemination of child pornography - first time, nonpredatory offender), and 617.247, subdivision 4 (possession of child pornography - subsequent or by predatory offender), in severity level D; and violations of Minnesota Statutes, section 617.247, subdivision 4 (possession of child pornography - first time, nonpredatory offender), in severity level E.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.

 

Sec. 29.  REPEALER.

 

Minnesota Statutes 2016, section 609.349, is repealed.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.

 

ARTICLE 6

PREDATORY OFFENDERS

 

Section 1.  Minnesota Statutes 2016, section 171.07, subdivision 1a, is amended to read:

 

Subd. 1a.  Filing photograph or image; data classification.  The department shall file, or contract to file, all photographs or electronically produced images obtained in the process of issuing drivers' licenses or Minnesota identification cards.  The photographs or electronically produced images shall be private data pursuant to section 13.02, subdivision 12.  Notwithstanding section 13.04, subdivision 3, the department shall not be required to provide copies of photographs or electronically produced images to data subjects.  The use of the files is restricted:

 

(1) to the issuance and control of drivers' licenses;

 

(2) to criminal justice agencies, as defined in section 299C.46, subdivision 2, for the investigation and prosecution of crimes, service of process, enforcement of no contact orders, location of missing persons, investigation and preparation of cases for criminal, juvenile, and traffic court, location of individuals required to register under section 243.166 or 243.167, and supervision of offenders;

 

(3) to public defenders, as defined in section 611.272, for the investigation and preparation of cases for criminal, juvenile, and traffic courts;

 

(4) to child support enforcement purposes under section 256.978; and


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(5) to a county medical examiner or coroner as required by section 390.005 as necessary to fulfill the duties under sections 390.11 and 390.25.

 

Sec. 2.  Minnesota Statutes 2016, section 243.166, subdivision 1a, is amended to read:

 

Subd. 1a.  Definitions.  (a) As used in this section, unless the context clearly indicates otherwise, the following terms have the meanings given them.

 

(b) "Bureau" means the Bureau of Criminal Apprehension.

 

(c) "Dwelling" means the building where the person lives under a formal or informal agreement to do so.  However, dwelling does not include a supervised publicly or privately operated shelter or facility designed to provide temporary living accommodations for homeless individuals as defined in section 116L.361, subdivision 5.

 

(d) "Incarceration" and "confinement" do not include electronic home monitoring.

 

(e) "Law enforcement authority" or "authority" means, with respect to a home rule charter or statutory city, the chief of police, and with respect to an unincorporated area, the county sheriff.

 

(f) "Motor vehicle" has the meaning given in section 169.011, subdivision 92.

 

(g) "Primary address" means the mailing address of the person's dwelling.  If the mailing address is different from the actual location of the dwelling, primary address also includes the physical location of the dwelling described with as much specificity as possible.

 

(h) "School" includes any public or private educational institution, including any secondary school, trade, or professional institution, or institution of higher education, that the person is enrolled in on a full-time or part-time basis.

 

(i) "Secondary address" means the mailing address of any place where the person regularly or occasionally stays overnight when not staying at the person's primary address.  If the mailing address is different from the actual location of the place, secondary address also includes the physical location of the place described with as much specificity as possible.  However, the location of a supervised publicly or privately operated shelter or facility designated to provide temporary living accommodations for homeless individuals as defined in section 116L.361, subdivision 5, does not constitute a secondary address.

 

(j) "Social media" means any electronic medium, including an interactive computer service, telephone network, or data network that allows users to create, share, and view user-generated content.

 

(k) "Treatment facility" means a residential facility, as defined in section 244.052, subdivision 1, and residential chemical dependency treatment programs and halfway houses licensed under chapter 245A, including, but not limited to, those facilities directly or indirectly assisted by any department or agency of the United States.

 

(l) "Watercraft" has the meaning given in section 86B.005, subdivision 18.

 

(k) (m) "Work" includes employment that is full time or part time for a period of time exceeding 14 days or for an aggregate period of time exceeding 30 days during any calendar year, whether financially compensated, volunteered, or for the purpose of government or educational benefit.


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Sec. 3.  Minnesota Statutes 2016, section 243.166, subdivision 1b, is amended to read:

 

Subd. 1b.  Registration required.  (a) A person shall register under this section if:

 

(1) the person was charged with or petitioned for a felony violation of or attempt to violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances:

 

(i) murder under section 609.185, paragraph (a), clause (2);

 

(ii) kidnapping under section 609.25;

 

(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345; 609.3451, subdivision 3; or 609.3453; or

 

(iv) indecent exposure under section 617.23, subdivision 3;

 

(2) the person was charged with or petitioned for a violation of, or attempt to violate, or aiding, abetting, or conspiring to commit:

 

(i) criminal abuse in violation of section 609.2325, subdivision 1, paragraph (b);

 

(ii) false imprisonment in violation of section 609.255, subdivision 2;

 

(iii) solicitation, inducement, or promotion of the prostitution of a minor or engaging in the sex trafficking of a minor in violation of section 609.322;

 

(iv) a prostitution offense in violation of section 609.324, subdivision 1, paragraph (a);

 

(v) soliciting a minor to engage in sexual conduct in violation of section 609.352, subdivision 2 or 2a, clause (1);

 

(vi) using a minor in a sexual performance in violation of section 617.246; or

 

(vii) possessing pornographic work involving a minor in violation of section 617.247,; or

 

(viii) nonconsensual dissemination of private sexual images in violation of section 617.261; and

 

convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances;

 

(3) the person was sentenced as a patterned sex offender under section 609.3455, subdivision 3a; or

 

(4) the person was charged with or petitioned for, including pursuant to a court martial, violating a law of the United States, including the Uniform Code of Military Justice, similar to the offenses described in clause (1), (2), or (3), or violations of United States Code, title 18, section 1801, 2423, or 2425, and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances.


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(b) A person also shall register under this section if:

 

(1) the person was charged with or petitioned for an offense in another state that would be a violation of a law described in paragraph (a) if committed in this state and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances;

 

(2) the person enters this state to reside, work, or attend school, or enters this state and remains for 14 days or longer; and

 

(3) ten years have not elapsed since the person was released from confinement or, if the person was not confined, since the person was convicted of or adjudicated delinquent for the offense that triggers registration, unless the person is subject to a longer registration period under the laws of another state in which the person has been convicted or adjudicated, or is subject to lifetime registration.

 

If a person described in this paragraph is subject to a longer registration period in another state or is subject to lifetime registration, the person shall register for that time period regardless of when the person was released from confinement, convicted, or adjudicated delinquent.

 

(c) A person also shall register under this section if the person was committed pursuant to a court commitment order under Minnesota Statutes 2012, section 253B.185, chapter 253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state or the United States, regardless of whether the person was convicted of any offense.

 

(d) A person also shall register under this section if:

 

(1) the person was charged with or petitioned for a felony violation or attempt to violate any of the offenses listed in paragraph (a), clause (1), or a similar law of another state or the United States, or the person was charged with or petitioned for a violation of any of the offenses listed in paragraph (a), clause (2), or a similar law of another state or the United States;

 

(2) the person was found not guilty by reason of mental illness or mental deficiency after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in states with a guilty but mentally ill verdict; and

 

(3) the person was committed pursuant to a court commitment order under section 253B.18 or a similar law of another state or the United States.

 

(e) A person also shall register under this section if the person received a stay of adjudication under section 609.095, paragraph (b), for a charge of violating section 243.166, 609.342, 609.343, 609.344, 609.345, 609.3451, subdivision 3, or 609.3453, unless the offender is a juvenile and the court finds, on the record, that there is good cause to waive the registration requirement.

 

Sec. 4.  Minnesota Statutes 2016, section 243.166, subdivision 2, is amended to read:

 

Subd. 2.  Notice.  When a person who is required to register under subdivision 1b, paragraph (a), is sentenced or becomes subject to a juvenile court disposition order, the court shall tell the person of the duty to register under this section and that, if the person fails to comply with the registration requirements, information about the offender may be made available to the public through electronic, computerized, or other accessible means.  The court may not modify the person's duty to register in the pronounced sentence or disposition order.  The court shall require the person to read and sign a form stating that the duty of the person to register under this section has been explained.  The court shall forward the signed sex offender registration court notification form, the complaint, and sentencing documents to the bureau.  If a person required to register under subdivision 1b, paragraph (a), was not notified by the court of the registration requirement at the time of sentencing or disposition, the assigned corrections agent shall


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notify the person of the requirements of this section.  If a person does not have a corrections agent, the local law enforcement authority with jurisdiction over the person's primary address shall notify the person of the requirements.  When a person who is required to register under subdivision 1b, paragraph (c) or (d), is released from commitment, the treatment facility shall notify the person of the requirements of this section.  The treatment facility shall also obtain the registration information required under this section and forward it to the bureau.

 

Sec. 5.  Minnesota Statutes 2016, section 243.166, subdivision 4, is amended to read:

 

Subd. 4.  Contents of registration.  (a) The registration provided to the corrections agent or law enforcement authority, must consist of a statement in writing signed by the person, giving information required by the bureau, fingerprints, biological specimen for DNA analysis as defined under section 299C.155, subdivision 1, and photograph of the person taken at the time of the person's release from incarceration or, if the person was not incarcerated, at the time the person initially registered under this section.  The registration information also must include a written consent form signed by the person allowing a treatment facility or residential housing unit or shelter to release information to a law enforcement officer about the person's admission to, or residence in, a treatment facility or residential housing unit or shelter.  Registration information on adults and juveniles may be maintained together notwithstanding section 260B.171, subdivision 3.

 

(b) For persons required to register under subdivision 1b, paragraph (c), following commitment pursuant to a court commitment under Minnesota Statutes 2012, section 253B.185, chapter 253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state or the United States, in addition to other information required by this section, the registration provided to the corrections agent or law enforcement authority must include the person's offense history and documentation of treatment received during the person's commitment.  This documentation is limited to a statement of how far the person progressed in treatment during commitment.

 

(c) Within three days of receipt, the corrections agent or law enforcement authority shall forward the registration information to the bureau.  The bureau shall ascertain whether the person has registered with the law enforcement authority in the area of the person's primary address, if any, or if the person lacks a primary address, where the person is staying, as required by subdivision 3a.  If the person has not registered with the law enforcement authority, the bureau shall send one copy to notify that authority.

 

(d) The corrections agent or law enforcement authority may require that a person required to register under this section appear before the agent or authority to be photographed.  The agent or authority shall forward the photograph to the bureau.

 

(1) Except as provided in clause (2), the agent or authority may photograph any offender at a time and frequency chosen by the agent or authority.

 

(2) The requirements of this paragraph shall not apply during any period where the person to be photographed is:  (i) committed to the commissioner of corrections and incarcerated, (ii) incarcerated in a regional jail or county jail, or (iii) committed to the commissioner of human services and receiving treatment in a secure treatment facility.

 

(e) During the period a person is required to register under this section, the following provisions apply:

 

(1) Except for persons registering under subdivision 3a, the bureau shall mail a verification form to the person's last reported primary address.  This verification form must provide notice to the offender that, if the offender does not return the verification form as required, information about the offender may be made available to the public through electronic, computerized, or other accessible means.  For persons who are registered under subdivision 3a, the bureau shall mail an annual verification form to the law enforcement authority where the offender most recently reported.  The authority shall provide the verification form to the person at the next weekly meeting and ensure that


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the person completes and signs the form and returns it to the bureau.  Notice is sufficient under this paragraph, if the verification form is sent by first class mail to the person's last reported primary address, or for persons registered under subdivision 3a, to the law enforcement authority where the offender most recently reported.

 

(2) The person shall mail the signed verification form back to the bureau within ten 15 days after receipt of the date on the form, stating on the form the current and last address of the person's residence and the other information required under subdivision 4a.

 

(3) In addition to the requirements listed in this section, an offender who is no longer under correctional supervision for a registration offense, or a failure to register offense, but who resides, works, or attends school in Minnesota, shall have an in-person contact with a law enforcement authority as provided in this section.  If the person resides in Minnesota, the in-person contact shall be with the law enforcement authority that has jurisdiction over the person's primary address or, if the person has no address, the location where the person is staying.  If the person does not reside in Minnesota but works or attends school in this state, the person shall have an in-person contact with the law enforcement authority or authorities with jurisdiction over the person's school or workplace.  During the month of the person's birth date, the person shall report to the authority to verify the accuracy of the registration information and to be photographed.  Within three days of this contact, the authority shall enter information as required by the bureau into the predatory offender registration database and submit an updated photograph of the person to the bureau's predatory offender registration unit.

 

(4) If the person fails to mail the completed and signed verification form to the bureau within ten 15 days after receipt of the date on the form, or if the person fails to report to the law enforcement authority during the month of the person's birth date, the person is in violation of this section.

 

(5) For any person who fails to mail the completed and signed verification form to the bureau within ten 15 days after receipt of the date on the form and who has been determined to be a risk level III offender under section 244.052, the bureau shall immediately investigate and notify local law enforcement authorities to investigate the person's location and to ensure compliance with this section.  The bureau also shall immediately give notice of the person's violation of this section to the law enforcement authority having jurisdiction over the person's last registered primary address or addresses.

 

(6) A corrections agent or law enforcement authority may determine whether the person is at their primary address, secondary address, school or work location, if any, or the accuracy of any other information required under subdivision 4a or 4d at a time and frequency chosen by the agent or authority.  A law enforcement authority may make this determination on any person whose primary address, secondary address, or school or work location, if any, is within the authority's jurisdiction, regardless of the assignment of a corrections agent.

 

For persons required to register under subdivision 1b, paragraph (c), following commitment pursuant to a court commitment under Minnesota Statutes 2012, section 253B.185, chapter 253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state or the United States, the bureau shall comply with clause (1) at least four times each year.  For persons who, under section 244.052, are assigned to risk level III and who are no longer under correctional supervision for a registration offense or a failure to register offense, the bureau shall comply with clause (1) at least two times each year.  For all other persons required to register under this section, the bureau shall comply with clause (1) each year within 30 days of the anniversary date of the person's initial registration.

 

(f) When sending out a verification form, the bureau shall determine whether the person to whom the verification form is being sent has signed a written consent form as provided for in paragraph (a).  If the person has not signed such a consent form, the bureau shall send a written consent form to the person along with the verification form.  A person who receives this written consent form shall sign and return it to the bureau at the same time as the verification form.


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(g) For persons registered under this section on the effective date of this section, each person, on or before one year from that date, must provide a biological specimen for the purpose of DNA analysis to the probation agency or law enforcement agency where that person is registered.  A person who provides or has provided a biological specimen for the purpose of DNA analysis under chapter 299C or section 609.117 meets the requirements of this paragraph.

 

Sec. 6.  Minnesota Statutes 2016, section 243.166, subdivision 4a, is amended to read:

 

Subd. 4a.  Information required to be provided.  (a) A person required to register under this section shall provide to the corrections agent or law enforcement authority the following information:

 

(1) the person's primary address;

 

(2) all of the person's secondary addresses in Minnesota, including all addresses used for residential or recreational purposes;

 

(3) the addresses of all Minnesota property owned, leased, or rented by the person;

 

(4) the addresses of all locations where the person is employed;

 

(5) the addresses of all schools where the person is enrolled; and

 

(6) the year, model, make, license plate number, and color of all motor vehicles owned or regularly driven by the person.;

 

(7) the expiration year for the motor vehicle license plate tabs of all motor vehicles owned by the person;

 

(8) the person's driver's license or government identification number and state of issue;

 

(9) the year, model, make, and registration number for all watercraft owned or regularly operated by the person;

 

(10) the person's Social Security number as required by United States Code, title 42, section 16914;

 

(11) all of the person's electronic mail addresses, instant messaging addresses, and social media accounts;

 

(12) all telephone numbers including work, school, and home and any cellular telephone service;

 

(13) the person's passport number and country of issue, if any; and

 

(14) the person's professional license number, if any, and the issuing organization.

 

(b) The person shall report to the agent or authority the information required to be provided under paragraph (a), clauses (2) to (6) (14), within five days of the date the clause becomes applicable.  If because of a change in circumstances any information reported under paragraph (a), clauses (1) to (6) (14), no longer applies, the person shall immediately inform the agent or authority that the information is no longer valid.  If the person leaves a primary address and does not have a new primary address, the person shall register as provided in subdivision 3a.

 

Sec. 7.  Minnesota Statutes 2016, section 243.166, subdivision 4b, is amended to read:

 

Subd. 4b.  Health care facility; notice of status.  (a) For the purposes of this subdivision, "health care facility" means a facility:

 

(1) licensed by the commissioner of health as a hospital, boarding care home or supervised living facility under sections 144.50 to 144.58, or a nursing home under chapter 144A;


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(2) registered by the commissioner of health as a housing with services establishment as defined in section 144D.01; or

 

(3) licensed by the commissioner of health as a home care provider as defined in section 144A.43; or

 

(3) (4) licensed by the commissioner of human services as a residential facility under chapter 245A to provide adult foster care, adult mental health treatment, chemical dependency treatment to adults, or residential services to persons with disabilities.

 

(b) Prior to admission to a health care facility, a person required to register under this section shall disclose to:

 

(1) the health care facility employee processing the admission the person's status as a registered predatory offender under this section; and

 

(2) the person's corrections agent, or if the person does not have an assigned corrections agent, the law enforcement authority with whom the person is currently required to register, that inpatient admission or other admission will occur.

 

(c) A law enforcement authority or corrections agent who receives notice under paragraph (b) or who knows that a person required to register under this section is planning to be admitted and receive, or has been admitted and is receiving health care at a health care facility shall notify the administrator of the facility and deliver a fact sheet to the administrator containing the following information:  (1) name and physical description of the offender; (2) the offender's conviction history, including the dates of conviction; (3) the risk level classification assigned to the offender under section 244.052, if any; and (4) the profile of likely victims.

 

(d) Except for a hospital licensed under sections 144.50 to 144.58 or a home care provider as defined in section 144A.43, if a health care facility receives a fact sheet under paragraph (c) that includes a risk level classification for the offender, and if the facility admits the offender, the facility shall distribute the fact sheet to all residents at the facility.  If the facility determines that distribution to a resident is not appropriate given the resident's medical, emotional, or mental status, the facility shall distribute the fact sheet to the patient's next of kin or emergency contact.

 

Sec. 8.  Minnesota Statutes 2016, section 243.166, subdivision 4c, is amended to read:

 

Subd. 4c.  Notices in writing; signed.  All notices required by this section must be in writing and signed by the person required to register.  For purposes of this section, a signature may be in ink on paper, by an electronic method established by the bureau, or by use of a biometric for the person.  If a biometric is used, the person must provide a sample that is forwarded to the bureau so that it can be maintained for comparison purposes to verify the person's identity.

 

Sec. 9.  Minnesota Statutes 2016, section 243.166, is amended by adding a subdivision to read:

 

Subd. 4d.  Travel.  (a) A person required to register under this section who intends to travel outside the boundaries of the United States must notify the person's corrections agent or the law enforcement authority with jurisdiction over the person's primary address of the travel plans.  The person must provide:

 

(i) anticipated departure date;

 

(ii) place of departure;

 

(iii) place of arrival or return;


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(iv) carrier and flight numbers for air travel;

 

(v) destination country and address or other contact information;

 

(vi) means and purpose of travel;

 

(vii) visa information, if any; and

 

(viii) any other itinerary information requested by the corrections agent or law enforcement authority.

 

The notice must be provided at least 21 calendar days before the departure date and forwarded to the bureau within one business day of receipt.  If it is not possible to give 21 calendar days' notice due to an emergency or a work assignment, the person is required to notify the corrections agent or the law enforcement authority with jurisdiction over the person's primary address as soon as possible prior to departure.  If the travel is due to an emergency, the person must provide a copy of the message conveying the emergency that includes the date and time sent and the source of the information.  If the travel is the result of a work assignment, the employer must provide the date the employee was informed of the need to travel and the nature of the work to be performed.

 

(b) The corrections agent or law enforcement authority must forward the notification to the bureau as soon as possible after receipt.  The bureau must forward the international travel information as required by United States Code, title 42, section 16914.

 

(c) A person required to register under this section who is assigned a corrections agent must receive the corrections agent's approval for all international travel.  Nothing in this subdivision requires a corrections agent to approve of travel that is inconsistent with the terms of the offender's supervision.

 

Sec. 10.  Minnesota Statutes 2016, section 243.166, subdivision 5, is amended to read:

 

Subd. 5.  Criminal penalty.  (a) A person required to register under this section who knowingly violates any of its provisions or intentionally provides false information to a corrections agent, law enforcement authority, or the bureau is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.

 

(b) Except as provided in paragraph (c), a person convicted of violating paragraph (a) shall be committed to the custody of the commissioner of corrections for not less than a year and a day, nor more than five years.

 

(c) A person convicted of violating paragraph (a), who has previously been convicted of or adjudicated delinquent for violating this section or a similar statute of another state or the United States, shall be committed to the custody of the commissioner of corrections for not less than two years, nor more than five years.

 

(d) Prior to the time of sentencing, the prosecutor may file a motion to have the person sentenced without regard to the mandatory minimum sentence established by this subdivision.  The motion must be accompanied by a statement on the record of the reasons for it.  When presented with the motion, or on its own motion, the court may sentence the person without regard to the mandatory minimum sentence if the court finds substantial and compelling reasons to do so.  Sentencing a person in the manner described in this paragraph is a departure from the Sentencing Guidelines.

 

(e) A person convicted and sentenced as required by this subdivision is not eligible for probation, parole, discharge, work release, conditional release, or supervised release, until that person has served the full term of imprisonment as provided by law, notwithstanding the provisions of sections 241.26, 242.19, 243.05, 244.04, 609.12, and 609.135.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.


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Sec. 11.  Minnesota Statutes 2016, section 243.166, subdivision 6, is amended to read:

 

Subd. 6.  Registration period.  (a) Notwithstanding the provisions of section 609.165, subdivision 1, and except as provided in paragraphs (b), (c), and (d), a person required to register under this section shall continue to comply with this section until ten years have elapsed since the person initially registered in connection with the offense, or until the probation, supervised release, or conditional release period expires, whichever occurs later.  For a person required to register under this section who is committed under section 253B.18, Minnesota Statutes 2012, section 253B.185, or chapter 253D, the ten-year registration period does not include the period of commitment.

 

(b) If a person required to register under this section fails to provide the person's primary address as required by subdivision 3, paragraph (b), fails to comply with the requirements of subdivision 3a, fails to provide information as required by subdivision 4a, or fails to return the verification form referenced in subdivision 4 within ten 15 days, or fails to provide the travel information required by subdivision 4d and is convicted under subdivision 5, the commissioner of public safety shall require the person to continue to register for an additional period of five years.  This five-year period is added to the end of the offender's registration period.  In addition, if the person is not in compliance at the end of the registration period, the commissioner shall require the person to continue to register for an additional period of two years.

 

(c) If a person required to register under this section is incarcerated due to a conviction for a new offense or following a revocation of probation, supervised release, or conditional release for any offense, the person shall continue to register until ten years have elapsed since the person was last released from incarceration or until the person's probation, supervised release, or conditional release period expires, whichever occurs later.

 

(d) A person shall continue to comply with this section for the life of that person:

 

(1) if the person is convicted of or adjudicated delinquent for any offense for which registration is required under subdivision 1b, or any offense from another state or any federal offense similar to the offenses described in subdivision 1b, and the person has a prior conviction or adjudication for an offense for which registration was or would have been required under subdivision 1b, or an offense from another state or a federal offense similar to an offense described in subdivision 1b;

 

(2) if the person is required to register based upon a conviction or delinquency adjudication for an offense under section 609.185, paragraph (a), clause (2), or a similar statute from another state or the United States;

 

(3) if the person is required to register based upon a conviction for an offense under section 609.342, subdivision 1, paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision 1, paragraph (a), (c), (d), (e), (f), or (h); 609.344, subdivision 1, paragraph (a), (c), or (g); or 609.345, subdivision 1, paragraph (a), (c), or (g); or a statute from another state or the United States similar to the offenses described in this clause; or

 

(4) if the person is required to register under subdivision 1b, paragraph (c), following commitment pursuant to a court commitment under Minnesota Statutes 2012, section 253B.185, chapter 253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state or the United States.

 

(e) A person described in subdivision 1b, paragraph (b), who is required to register under the laws of a state in which the person has been previously convicted or adjudicated delinquent, shall register under this section for the time period required by the state of conviction or adjudication unless a longer time period is required elsewhere in this section.


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Sec. 12.  Minnesota Statutes 2016, section 243.166, subdivision 7, is amended to read:

 

Subd. 7.  Use of data.  (a) Except as otherwise provided in subdivision 7a or sections 244.052 and 299C.093, the data provided under this section is private data on individuals under section 13.02, subdivision 12.

 

(b) The data may be used only by law enforcement and corrections agencies for law enforcement and corrections purposes.  Law enforcement or a corrections agent may disclose the status of an individual as a predatory offender to a child protection worker with a local welfare agency for purposes of doing a family assessment under section 626.556.  A corrections agent may also disclose the status of an individual as a predatory offender to comply with section 244.057.

 

(c) The commissioner of human services is authorized to have access to the data for:

 

(1) state-operated services, as defined in section 246.014, for the purposes described in section 246.13, subdivision 2, paragraph (b); and

 

(2) purposes of completing background studies under chapter 245C.

 

Sec. 13.  Minnesota Statutes 2016, section 243.166, subdivision 7a, is amended to read:

 

Subd. 7a.  Availability of information on offenders who are out of compliance with registration law.  (a) The bureau may make information available to the public about offenders who are 16 years of age or older and who are out of compliance with this section for 30 days or longer for failure to provide the offenders' primary or secondary addresses, for failure to return a verification form, or who have absconded.  This information may be made available to the public through electronic, computerized, or other accessible means.  The amount and type of information made available is limited to the information necessary for the public to assist law enforcement in locating the offender.

 

(b) An offender who comes into compliance with this section after the bureau discloses information about the offender to the public may send a written request to the bureau requesting the bureau to treat information about the offender as private data, consistent with subdivision 7.  The bureau shall review the request and promptly take reasonable action to treat the data as private, if the offender has complied with the requirement that the offender provide the offender's primary and secondary addresses, has returned the verification form or has returned to the primary address, or promptly notify the offender that the information will continue to be treated as public information and the reasons for the bureau's decision.

 

(c) If an offender believes the information made public about the offender is inaccurate or incomplete, the offender may challenge the data under section 13.04, subdivision 4.

 

(d) The bureau is immune from any civil or criminal liability that might otherwise arise, based on the accuracy or completeness of any information made public under this subdivision, if the bureau acts in good faith.

 

Sec. 14.  Minnesota Statutes 2016, section 299C.093, is amended to read:

 

299C.093 DATABASE OF REGISTERED PREDATORY OFFENDERS.

 

The superintendent of the Bureau of Criminal Apprehension shall maintain a computerized data system relating to individuals required to register as predatory offenders under section 243.166.  To the degree feasible, the system must include the data required to be provided under section 243.166, subdivisions 4 and, 4a, and 4d, and indicate the time period that the person is required to register.  The superintendent shall maintain this data in a manner that ensures that it is readily available to law enforcement agencies.  This data is private data on individuals under


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section 13.02, subdivision 12, but may be used for law enforcement and corrections purposes.  Law enforcement or a corrections agent may disclose the status of an individual as a predatory offender to a child protection worker with a local welfare agency for purposes of doing a family assessment under section 626.556.  A corrections agent may also disclose the status of an individual as a predatory offender to comply with section 244.057.  The commissioner of human services has access to the data for state-operated services, as defined in section 246.014, for the purposes described in section 246.13, subdivision 2, paragraph (b), and for purposes of conducting background studies under chapter 245C.

 

ARTICLE 7

DWI

 

Section 1.  Minnesota Statutes 2016, section 169A.24, subdivision 1, is amended to read:

 

Subdivision 1.  Degree described.  A person who violates section 169A.20 (driving while impaired) is guilty of first-degree driving while impaired if the person:

 

(1) commits the violation within ten years of the first of three or more qualified prior impaired driving incidents;

 

(2) has previously been convicted of a felony under this section; or

 

(3) has previously been convicted of a felony under:

 

(i) Minnesota Statutes 2012, section 609.21 (criminal vehicular homicide and injury, substance-related offenses), subdivision 1, clauses (2) to (6);

 

(ii) Minnesota Statutes 2006, section 609.21 (criminal vehicular homicide and injury, substance-related offenses), subdivision 1, clauses (2) to (6); subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) to (6); subdivision 3, clauses (2) to (6); or subdivision 4, clauses (2) to (6); or

 

(iii) section 609.2112, subdivision 1, clauses (2) to (6); 609.2113, subdivision 1, clauses (2) to (6), subdivision 2, clauses (2) to (6), or subdivision 3, clauses (2) to (6); or 609.2114, subdivision 1, clauses (2) to (6), or subdivision 2, clauses (2) to (6).; or

 

(iv) a statute from this state or another state in conformity with any provision listed in clause (i), (ii), or (iii).

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.

 

Sec. 2.  Minnesota Statutes 2016, section 169A.55, subdivision 4, is amended to read:

 

Subd. 4.  Reinstatement of driving privileges; multiple incidents.  (a) A person whose driver's license has been revoked as a result of an offense listed under clause (1) or (2) shall not be eligible for reinstatement of driving privileges without an ignition interlock restriction until the commissioner certifies that the person has neither owned nor leased a vehicle, the person has not transferred ownership of a vehicle to a family or household member, no family or household member owns or leases a vehicle which the person has express or implied consent to drive, and the person has not committed a violation of chapter 169A or 171 during the revocation period; or the person has used the ignition interlock device and complied with section 171.306 for a period of not less than:

 

(1) one year, for a person whose driver's license was revoked for:

 

(i) an offense occurring within ten years of a qualified prior impaired driving incident; or


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(ii) an offense occurring after two qualified prior impaired driving incidents; or

 

(2) two years, for a person whose driver's license was revoked for:

 

(i) an offense occurring under clause (1), and where the test results indicated an alcohol concentration of twice the legal limit; or

 

(ii) an offense occurring under clause (1), and where the current offense is for a violation of section 169A.20, subdivision 2 (test refusal).

 

As used in this paragraph, "family or household member" has the meaning given in section 169A.63, subdivision 1, paragraph (f).

 

(b) A person whose driver's license has been canceled or denied as a result of three or more qualified impaired driving incidents shall not be eligible for reinstatement of driving privileges without an ignition interlock restriction until the person:

 

(1) has completed rehabilitation according to rules adopted by the commissioner or been granted a variance from the rules by the commissioner; and

 

(2) has submitted verification of abstinence from alcohol and controlled substances under paragraph (c), as evidenced by the person's use of an ignition interlock device or other chemical monitoring device approved by the commissioner.

 

(b) (c) The verification of abstinence must show that the person has abstained from the use of alcohol and controlled substances for a period of not less than:

 

(1) three years, for a person whose driver's license was canceled or denied for an offense occurring within ten years of the first of two qualified prior impaired driving incidents, or occurring after three qualified prior impaired driving incidents;

 

(2) four years, for a person whose driver's license was canceled or denied for an offense occurring within ten years of the first of three qualified prior impaired driving incidents; or

 

(3) six years, for a person whose driver's license was canceled or denied for an offense occurring after four or more qualified prior impaired driving incidents.

 

(c) The commissioner shall establish performance standards and a process for certifying chemical monitoring devices.  The standards and procedures are not rules and are exempt from chapter 14, including section 14.386.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.

 

Sec. 3.  Minnesota Statutes 2016, section 171.24, is amended by adding a subdivision to read:

 

Subd. 4a.  Driving after a DWI-related suspension, revocation, or cancellation; misdemeanor.  (a) Except as otherwise provided in subdivision 5, a person is guilty of a misdemeanor if:

 

(1) the person's driver's license or driving privilege has been suspended, revoked, or canceled under section 169A.52, 169A.54, or 171.177;


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(2) the person has been given notice of or reasonably should know of the suspension, revocation, or cancellation; and

 

(3) the person disobeys the order by operating in this state any motor vehicle, the operation of which requires a driver's license, while the person's license or privilege is suspended, revoked, or canceled.

 

(b) Notwithstanding section 609.101, subdivision 4, the Judicial Council may not add a violation of this subdivision to the Statewide Payables List.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.

 

Sec. 4.  Minnesota Statutes 2017 Supplement, section 171.30, subdivision 1, is amended to read:

 

Subdivision 1.  Conditions of issuance.  (a) The commissioner may issue a limited license to the driver under the conditions in paragraph (b) in any case where a person's license has been:

 

(1) suspended under section 171.18, 171.173, 171.186, or 171.187;

 

(2) revoked, canceled, or denied under section:

 

(i) 169.792;

 

(ii) 169.797;

 

(iii) 169A.52:

 

(A) subdivision 3, paragraph (a), clause (1) or (2);

 

(B) subdivision 3, paragraph (a), clause (3), for a violation of section 169A.20, subdivision 1, clause (2), (3), (4), or (7);

 

(C) subdivision 3, paragraph (a), clause (4), (5), or (6), for a violation of section 169A.20, subdivision 1, clause (1), (5), or (6), and if in compliance with section 171.306;

 

(D) subdivision 3, paragraph (a), clause (4), (5), or (6), for a violation of section 169A.20, subdivision 1, clause (2), (3), (4), or (7);

 

(C) (E) subdivision 4, paragraph (a), clause (1) or (2), if the test results indicate an alcohol concentration of less than twice the legal limit;

 

(F) subdivision 4, paragraph (a), clause (3), for a violation of section 169A.20, subdivision 1, clause (2), (3), (4), or (7);

 

(D) (G) subdivision 4, paragraph (a), clause (4), (5), or (6), for a violation of section 169A.20, subdivision 1, clause (1), (5), or (6), and if in compliance with section 171.306;

 

(H) subdivision 4, paragraph (a), clause (4), (5), or (6), for a violation of section 169A.20, subdivision 1, clause (2), (3), (4), or (7); or


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(iv) 171.17; or

 

(v) 171.172;

 

(3) revoked, canceled, or denied under section 169A.54:

 

(i) subdivision 1, clause (1), if the test results indicate an alcohol concentration of less than twice the legal limit;

 

(ii) subdivision 1, clause (2);

 

(iii) subdivision 1, clause (3) or (4), for a violation of section 169A.20, subdivision 1, clause (2), (3), (4), or (7);

 

(iv) subdivision 1, clause (5), (6), or (7), for a violation of section 169A.20, subdivision 1, clause (1), (5), or (6), and if in compliance with section 171.306; or

 

(v) subdivision 1, clause (5), (6), or (7), for a violation of section 169A.20, subdivision 1, clause (2), (3), (4), or (7); or

 

(iv) (vi) subdivision 2, if the person does not have a qualified prior impaired driving incident as defined in section 169A.03, subdivision 22, on the person's record, and the test results indicate an alcohol concentration of less than twice the legal limit; or

 

(4) revoked, canceled, or denied under section 171.177:

 

(i) subdivision 4, paragraph (a), clause (1) or (2);

 

(ii) subdivision 4, paragraph (a), clause (3), for a violation of section 169A.20, subdivision 1, clause (2), (3), (4), or (7);

 

(iii) subdivision 4, paragraph (a), clause (4), (5), or (6), for a violation of section 169A.20, subdivision 1, clause (1), (5), or (6), and if in compliance with section 171.306;

 

(iv) subdivision 4, paragraph (a), clause (4), (5), or (6), for a violation of section 169A.20, subdivision 1, clause (2), (3), (4), or (7);

 

(iii) (v) subdivision 5, paragraph (a), clause (1) or (2), if the test results indicate an alcohol concentration of less than twice the legal limit; or

 

(vi) subdivision 5, paragraph (a), clause (3), for a violation of section 169A.20, subdivision 1, clause (2), (3), (4), or (7);

 

(iv) (vii) subdivision 5, paragraph (a), clause (4), (5), or (6), for a violation of section 169A.20, subdivision 1, clause (1), (5), or (6), and if in compliance with section 171.306; or

 

(viii) subdivision 5, paragraph (a), clause (4), (5), or (6), for a violation of section 169A.20, subdivision 1, clause (2), (3), (4), or (7).

 

(b) The following conditions for a limited license under paragraph (a) include:

 

(1) if the driver's livelihood or attendance at a chemical dependency treatment or counseling program depends upon the use of the driver's license;


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(2) if the use of a driver's license by a homemaker is necessary to prevent the substantial disruption of the education, medical, or nutritional needs of the family of the homemaker; or

 

(3) if attendance at a postsecondary institution of education by an enrolled student of that institution depends upon the use of the driver's license.

 

(c) The commissioner in issuing a limited license may impose such conditions and limitations as in the commissioner's judgment are necessary to the interests of the public safety and welfare including reexamination as to the driver's qualifications.  The license may be limited to the operation of particular vehicles, to particular classes and times of operation, and to particular conditions of traffic.  The commissioner may require that an applicant for a limited license affirmatively demonstrate that use of public transportation or carpooling as an alternative to a limited license would be a significant hardship.

 

(d) For purposes of this subdivision:

 

(1) "homemaker" refers to the person primarily performing the domestic tasks in a household of residents consisting of at least the person and the person's dependent child or other dependents; and

 

(2) "twice the legal limit" means an alcohol concentration of two times the limit specified in section 169A.20, subdivision 1, clause (5).

 

(e) The limited license issued by the commissioner shall clearly indicate the limitations imposed and the driver operating under the limited license shall have the license in possession at all times when operating as a driver.

 

(f) In determining whether to issue a limited license, the commissioner shall consider the number and the seriousness of prior convictions and the entire driving record of the driver and shall consider the number of miles driven by the driver annually.

 

(g) If the person's driver's license or permit to drive has been revoked under section 169.792 or 169.797, the commissioner may only issue a limited license to the person after the person has presented an insurance identification card, policy, or written statement indicating that the driver or owner has insurance coverage satisfactory to the commissioner of public safety.  The commissioner of public safety may require the insurance identification card provided to satisfy this subdivision be certified by the insurance company to be noncancelable for a period not to exceed 12 months.

 

(h) The limited license issued by the commissioner to a person under section 171.186, subdivision 4, must expire 90 days after the date it is issued.  The commissioner must not issue a limited license to a person who previously has been issued a limited license under section 171.186, subdivision 4.

 

(i) The commissioner shall not issue a limited driver's license to any person described in section 171.04, subdivision 1, clause (6), (7), (8), (11), or (14).

 

(j) The commissioner shall not issue a class A, class B, or class C limited license.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.


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Sec. 5.  Minnesota Statutes 2017 Supplement, section 171.30, subdivision 2a, is amended to read:

 

Subd. 2a.  Other waiting periods.  Notwithstanding subdivision 2, a limited license shall not be issued for a period of:

 

(1) 15 days, to a person whose license or privilege has been revoked or suspended for a first violation of section 169A.20, sections 169A.50 to 169A.53, section 171.177, or a statute or ordinance from another state in conformity with either any of those sections; or

 

(2) 90 days, to a person who submitted to testing under sections 169A.50 to 169A.53, section 171.177, or a statute or ordinance from another state in conformity with any of those sections, if the person's license or privilege has been revoked or suspended for a violation of section 169A.20, subdivision 1, clause (2), (3), (4), or (7), occurring within ten years of a qualified prior impaired driving incident, or after two qualified prior impaired driving incidents, for violations of section 169A.20, sections 169A.50 to 169A.53, section 171.177, or a statute or ordinance from another state in conformity with any of those sections; or

 

(3) 180 days, to a person who refused testing under sections 169A.50 to 169A.53, section 171.177, or a statute or ordinance from another state in conformity with any of those sections, if the person's license or privilege has been revoked or suspended for a violation of section 169A.20, subdivision 1, clause (2), (3), (4), or (7), occurring within ten years of a qualified prior impaired driving incident, or after two qualified prior impaired driving incidents, for violations of section 169A.20, sections 169A.50 to 169A.53, section 171.177, or a statute or ordinance from another state in conformity with any of those sections; or

 

(4) one year, to a person whose license or privilege has been revoked or suspended for committing manslaughter resulting from the operation of a motor vehicle, committing criminal vehicular homicide or injury under section 609.21 609.2112, subdivision 1, clause (1), (2), item (ii), (5), (6), (7), or (8), committing criminal vehicular homicide under section 609.21 609.2112, subdivision 1, clause (2), item (i) or (iii), (3), or (4), or violating a statute or ordinance from another state in conformity with either of those offenses.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.

 

Sec. 6.  Minnesota Statutes 2017 Supplement, section 171.306, subdivision 1, is amended to read:

 

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

 

(b) "Ignition interlock device" or "device" means equipment that is designed to measure breath alcohol concentration and to prevent a motor vehicle's ignition from being started by a person whose breath alcohol concentration measures 0.02 or higher on the equipment.

 

(c) "Location tracking capabilities" means the ability of an electronic or wireless device to identify and transmit its geographic location through the operation of the device.

 

(d) "Program participant" means a person who has qualified to take part in the ignition interlock program under this section, and whose driver's license has been:

 

(1) revoked, canceled, or denied under section 169A.52; or 169A.54;, for a violation of section 169A.20, subdivision 1, clause (1), (5), or (6);

 

(2) revoked, canceled, or denied under section 171.04, subdivision 1, clause (10); or 171.177;, for a violation of section 169A.20, subdivision 1, clause (1), (5), or (6); or


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(2) (3) revoked under section 171.17, subdivision 1, paragraph (a), clause (1), or suspended under section 171.187, for a violation of section 609.2113, subdivision 1, clause (2), item (i) or (iii), (3), or (4); subdivision 2, clause (2), item (i) or (iii), (3), or (4); or subdivision 3, clause (2), item (i) or (iii), (3), or (4); or 609.2114, subdivision 2, clause (2), item (i) or (iii), (3), or (4), resulting in bodily harm, substantial bodily harm, or great bodily harm.

 

(e) "Qualified prior impaired driving incident" has the meaning given in section 169A.03, subdivision 22.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to offenses committed on or after that date.

 

Sec. 7.  Minnesota Statutes 2017 Supplement, section 171.306, subdivision 2, is amended to read:

 

Subd. 2.  Performance standards; certification; manufacturer and provider requirements.  (a) The commissioner shall establish performance standards and a process for certifying devices used in the ignition interlock program, except that the commissioner may not establish standards that, directly or indirectly, require devices to use or enable location tracking capabilities without a court order.

 

(b) The manufacturer of a device must apply annually for certification of the device by submitting the form prescribed by the commissioner.  The commissioner shall require manufacturers of certified devices to:

 

(1) provide device installation, servicing, and monitoring to indigent program participants at a discounted rate, according to the standards established by the commissioner; and

 

(2) include in an ignition interlock device contract a provision that a program participant who voluntarily terminates participation in the program is only liable for servicing and monitoring costs incurred during the time the device is installed on the motor vehicle, regardless of whether the term of the contract has expired; and

 

(3) include in an ignition interlock device contract a provision that requires manufacturers of certified devices to pay any towing or repair costs caused by device failure or malfunction, or by damage caused during device installation, servicing, or monitoring.

 

(c) The manufacturer of a certified device must include with an ignition interlock device contract a separate notice to the program participant regarding any location tracking capabilities of the device."

 

Delete the title and insert:

 

"A bill for an act relating to public safety; modifying certain provisions relating to courts, public safety, corrections, and crime; increasing amount of surcharge credited to training account of Peace Officer Standards and Training (POST) Board; providing for a task force and working group; requesting reports; providing for penalties; appropriating money for public safety, courts, corrections, Guardian Ad Litem Board, Board of Public Defense, and Human Services; amending Minnesota Statutes 2016, sections 168B.16; 169.64, subdivision 4; 169.92, subdivision 4; 169A.24, subdivision 1; 169A.55, subdivision 4; 171.07, subdivision 1a; 171.16, subdivisions 2, 3; 171.18, subdivision 1; 171.24, by adding a subdivision; 242.192; 243.166, subdivisions 1a, 1b, 2, 4, 4a, 4b, 4c, 5, 6, 7, 7a, by adding a subdivision; 257.57, subdivisions 1, 2, by adding a subdivision; 257.75, subdivision 4; 299C.091, subdivision 5; 299C.093; 299C.17; 357.021, subdivision 7; 388.23, subdivision 1; 518.145, subdivision 2; 549.09, subdivision 1; 590.11, subdivisions 1, 2, 5, 7; 609.015, subdivision 1; 609.095; 609.2112, subdivision 1; 609.2113, subdivisions 1, 2, 3; 609.2114, subdivisions 1, 2; 609.2231, subdivisions 1, 2, 3a; 609.324, subdivisions 3, 4, by adding a subdivision; 609.341, subdivision 10, by adding subdivisions; 609.342, subdivisions 1, 2; 609.343, subdivisions 1, 2; 609.344, subdivisions 1, 2; 609.345, subdivisions 1, 2; 609.3451, subdivisions 1, 3; 609.3455, subdivisions 6, 8, by adding subdivisions; 609.52, subdivision 3; 609.74; 609.855, subdivision 2; 611.365,


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subdivisions 2, 3; 611.367; 611.368; 617.246, subdivisions 2, 3, 4, 7, by adding a subdivision; 617.247, subdivisions 3, 4, 9, by adding a subdivision; 626.8452, by adding a subdivision; 626A.08, subdivision 2; 626A.37, subdivision 4; 631.40, subdivision 1a; Minnesota Statutes 2017 Supplement, sections 171.30, subdivisions 1, 2a; 171.306, subdivisions 1, 2; 171.3215, subdivisions 2, 3; 260C.163, subdivisions 3, 10; 357.021, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 243; 299A; 299C; 631; repealing Minnesota Statutes 2016, sections 401.13; 609.349."

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Nornes from the Committee on Higher Education and Career Readiness Policy and Finance to which was referred:

 

H. F. No. 3638, A bill for an act relating to higher education; appropriating money to the Board of Trustees of the Minnesota State Colleges and Universities.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

APPROPRIATIONS

 

Section 1.  HIGHER EDUCATION APPROPRIATIONS. 

 

The sums shown in the columns marked "Appropriations" are added to the appropriations in Laws 2017, chapter 89, article 1, unless otherwise specified, to the agencies and for the purposes specified in this article.  The appropriations are from the general fund, or another named fund, and are available for the fiscal years indicated for each purpose.  The figures "2018" and "2019" used in this article mean that the appropriations listed under them are available for the fiscal year ending June 30, 2018, or June 30, 2019, respectively.  "The first year" is fiscal year 2018.  "The second year" is fiscal year 2019.  "The biennium" is fiscal years 2018 and 2019.

 

 

 

 

APPROPRIATIONS

 

 

 

Available for the Year

 

 

 

Ending June 30

 

 

 

2018

2019

 

Sec. 2.  MINNESOTA OFFICE OF HIGHER EDUCATION

 

 

 

 

Subdivision 1.  Total Appropriation

 

$-0-

 

$500,000

 

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

 

Subd. 2.  State Grants

 

-0-

 

350,000

 

This is a onetime appropriation.


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Subd. 3.  Agricultural Educators Loan Forgiveness

 

-0-

 

100,000

 

For transfer to the agricultural education loan forgiveness account in the special revenue fund under Minnesota Statutes, section 136A.1794, subdivision 2.  This is a onetime appropriation.

 

Subd. 3.  Student Loan Debt Counseling

 

-0-

 

50,000

 

For a student loan debt counseling grant under Minnesota Statutes, section 136A.1705.  This is a onetime appropriation.

 

Sec. 3.  BOARD OF TRUSTEES OF THE MINNESOTA STATE COLLEGES AND UNIVERSITIES

 

 

 

 

Subdivision 1.  Total Appropriation

 

$-0-

 

$5,500,000

 

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

 

Subd. 2.  Operations and Maintenance

 

-0-

 

5,500,000

 

(a) This appropriation includes $5,000,000 in fiscal year 2019 for cyber security programs at Metropolitan State University.  This is a onetime appropriation.

 

(b) This appropriation includes $500,000 in fiscal year 2019 for renewal of workforce development scholarships first awarded in academic year 2018-2019 under Minnesota Statutes, section 136F.38.  This is a onetime appropriation and is available until June 30, 2020.

 

ARTICLE 2

HIGHER EDUCATION POLICY

 

Section 1.  Minnesota Statutes 2016, section 135A.15, subdivision 2, is amended to read:

 

Subd. 2.  Victims' rights.  The policy required under subdivision 1 shall, at a minimum, require that students and employees be informed of the policy, and shall include provisions for:

 

(1) filing criminal charges with local law enforcement officials in sexual assault cases;

 

(2) the prompt assistance of campus authorities, at the request of the victim, in notifying the appropriate law enforcement officials and disciplinary authorities of a sexual assault incident;

 

(3) allowing sexual assault victims to decide whether to report a case to law enforcement;

 

(4) requiring campus authorities to treat sexual assault victims with dignity;

 

(5) requiring campus authorities to offer sexual assault victims fair and respectful health care, counseling services, or referrals to such services;


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(6) preventing campus authorities from suggesting to a victim of sexual assault that the victim is at fault for the crimes or violations that occurred;

 

(7) preventing campus authorities from suggesting to a victim of sexual assault that the victim should have acted in a different manner to avoid such a crime;

 

(8) subject to subdivision 10, protecting the privacy of sexual assault victims by only disclosing data collected under this section to the victim, persons whose work assignments reasonably require access, and, at a sexual assault victim's request, police conducting a criminal investigation;

 

(9) an investigation and resolution of a sexual assault complaint by campus disciplinary authorities;

 

(10) a sexual assault victim's participation in and the presence of the victim's attorney or other support person who is not a fact witness to the sexual assault at any meeting with campus officials concerning the victim's sexual assault complaint or campus disciplinary proceeding concerning a sexual assault complaint;

 

(11) ensuring that a sexual assault victim may decide when to repeat a description of the incident of sexual assault;

 

(12) notice to a sexual assault victim of the availability of a campus or local program providing sexual assault advocacy services and information on legal resources;

 

(13) notice to a sexual assault victim of the outcome of any campus disciplinary proceeding concerning a sexual assault complaint, consistent with laws relating to data practices;

 

(14) the complete and prompt assistance of campus authorities, at the direction of law enforcement authorities, in obtaining, securing, and maintaining evidence in connection with a sexual assault incident;

 

(15) the assistance of campus authorities in preserving for a sexual assault complainant or victim materials relevant to a campus disciplinary proceeding;

 

(16) during and after the process of investigating a complaint and conducting a campus disciplinary procedure, the assistance of campus personnel, in cooperation with the appropriate law enforcement authorities, at a sexual assault victim's request, in shielding the victim from unwanted contact with the alleged assailant, including transfer of the victim to alternative classes or to alternative college-owned housing, if alternative classes or housing are available and feasible;

 

(17) forbidding retaliation, and establishing a process for investigating complaints of retaliation, against sexual assault victims by campus authorities, the accused, organizations affiliated with the accused, other students, and other employees;

 

(18) at the request of the victim, providing students who reported sexual assaults to the institution and subsequently choose to transfer to another postsecondary institution with information about resources for victims of sexual assault at the institution to which the victim is transferring; and

 

(19) consistent with laws governing access to student records, providing a student who reported an incident of sexual assault with access to the student's description of the incident as it was reported to the institution, including if that student transfers to another postsecondary institution.


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Sec. 2.  Minnesota Statutes 2016, section 135A.15, subdivision 6, is amended to read:

 

Subd. 6.  Data collection and reporting.  (a) Postsecondary institutions must annually report statistics on sexual assault.  This report must be prepared in addition to any federally required reporting on campus security, including reports required by the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, United States Code, title 20, section 1092(f).  The report must include, but not be limited to, the number of incidents of sexual assault reported to the institution in the previous calendar year, as follows:

 

(1) the number that were investigated by the institution;

 

(2) the number that were referred for a disciplinary proceeding at the institution;

 

(3) the number the victim chose to report to local or state law enforcement;

 

(4) the number for which a campus disciplinary proceeding is pending, but has not reached a final resolution;

 

(5) the number in which the alleged perpetrator was found responsible by the disciplinary proceeding at the institution;

 

(6) the number that resulted in any action by the institution greater than a warning issued to the accused;

 

(7) the number that resulted in a disciplinary proceeding at the institution that closed without resolution;

 

(8) the number that resulted in a disciplinary proceeding at the institution that closed without resolution because the accused withdrew from the institution;

 

(9) the number that resulted in a disciplinary proceeding at the institution that closed without resolution because the victim chose not to participate in the procedure; and

 

(10) the number of reports made through the online reporting system established in subdivision 5, excluding reports submitted anonymously.

 

(b) If an institution previously submitted a report indicating that one or more disciplinary proceedings was pending, but had not reached a final resolution, and one or more of those disciplinary proceedings reached a final resolution within the previous calendar year, that institution must submit updated totals from the previous year that reflect the outcome of the pending case or cases.

 

(c) The reports required by this subdivision must be submitted to the Office of Higher Education by October 1 of each year.  Each report must contain the data required under paragraphs (a) and (b) from the previous calendar year.

 

(d) The commissioner of the Office of Higher Education shall calculate statewide numbers for each data item reported by an institution under this subdivision.  The statewide numbers must include data from postsecondary institutions that the commissioner could not publish due to federal laws governing access to student records.

 

(e) The Office of Higher Education shall publish on its Web site:

 

(1) the statewide data calculated under paragraph (d); and

 

(2) the data items required under paragraphs (a) and (b) for each postsecondary institution in the state.

 

Each postsecondary institution shall publish on the institution's Web site the data items required under paragraphs (a) and (b) for that institution.


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(f) Reports and data required under this subdivision must be prepared and published as summary data, as defined in section 13.02, subdivision 19, and must be consistent with applicable law governing access to educational data.  If an institution or the Office of Higher Education does not publish data because of applicable law, the publication must explain why data are not included.

 

(g) By October 1 of each year, the Board of Regents of the University of Minnesota must submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over higher education policy and finance.  In addition to the data on sexual assault incidents described in paragraph (a), the report must include equivalent data on incidents of sexual harassment, as defined in the board's policy on sexual harassment.  The report is subject to the requirements of paragraph (f).

 

Sec. 3.  [136A.1705] STUDENT LOAN DEBT COUNSELING.

 

Subdivision 1.  Grant.  (a) A program is established under the Office of Higher Education to provide a grant to a Minnesota-based nonprofit qualified debt counseling organization to provide individual student loan debt repayment counseling to borrowers who are Minnesota residents concerning loans obtained to attend a postsecondary institution.  The number of individuals receiving counseling may be limited to those capable of being served with available appropriations for that purpose.  A goal of the counseling program is to provide two counseling sessions to at least 75 percent of borrowers receiving counseling.

 

(b) The purpose of the counseling is to assist borrowers to:

 

(1) understand their loan and repayment options;

 

(2) manage loan repayment; and

 

(3) develop a workable budget based on the borrower's full financial situation regarding income, expenses, and other debt.

 

Subd. 2.  Qualified debt counseling organization.  A qualified debt counseling organization is an organization that:

 

(1) has experience in providing individualized student loan counseling;

 

(2) employs certified financial loan counselors; and

 

(3) is based in Minnesota and has offices at multiple rural and metropolitan area locations in the state to provide in-person counseling.

 

Subd. 3.  Grant application and award.  (a) Applications for a grant shall be on a form created by the commissioner and on a schedule set by the commissioner.  Among other provisions, the application must include a description of:

 

(1) the characteristics of borrowers to be served;

 

(2) the services to be provided and a timeline for implementation of the services;

 

(3) how the services provided will help borrowers manage loan repayment;

 

(4) specific program outcome goals and performance measures for each goal; and

 

(5) how the services will be evaluated to determine whether the program goals were met.


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(b) The commissioner shall select one grant recipient for a two-year award every two years.  A grant may be renewed biennially.

 

Subd. 4.  Program evaluation.  (a) The grant recipient must submit a report to the commissioner by January 15 of the second year of the grant award.  The report must evaluate and measure the extent to which program outcome goals have been met.

 

(b) The grant recipient must collect, analyze, and report on participation and outcome data that enable the office to verify the outcomes.

 

(c) The evaluation must include information on the number of borrowers served with on-time student loan payments, the numbers who brought their loans into good standing, the number of student loan defaults, the number who developed a monthly budget plan, and other information required by the commissioner.  Recipients of the counseling must be surveyed on their opinions about the usefulness of the counseling and the survey results must be included in the report.

 

Subd. 5.  Report to legislature.  By February 1 of the second year of each grant award, the commissioner must submit a report to the committees in the legislature with jurisdiction over higher education finance regarding grant program outcomes.

 

Sec. 4.  Minnesota Statutes 2016, section 136A.901, is amended by adding a subdivision to read:

 

Subd. 3.  Account.  A spinal cord injury and traumatic brain injury research grant account is created in the special revenue fund in the state treasury.  The commissioner shall deposit into the account appropriations made for the purposes of this section.  Money in the account is appropriated to the commissioner for the purposes for which it was appropriated.

 

Sec. 5.  Minnesota Statutes 2016, section 137.0245, is amended to read:

 

137.0245 REGENT CANDIDATE ADVISORY COUNCIL LEGISLATIVE COMMISSION ON REGENT SELECTION.

 

Subdivision 1.  Establishment.  A Regent Candidate Advisory Council Legislative Commission on Regent Selection is established to assist in determining criteria for, and identifying and recruiting qualified candidates for membership on the Board of Regents and making recommendations to the joint legislative committee described in section 137.0246, subdivision 2.

 

Subd. 2.  Membership.  (a) The Regent Candidate Advisory Council shall consist Legislative Commission on Regent Selection consists of:  24 members.  Twelve members shall be appointed by the Subcommittee on Committees of the Committee on Rules and Administration of the senate.  Twelve members shall be appointed by the speaker of the house.  Each appointing authority must appoint one member who is a student enrolled in a degree program at the University of Minnesota at the time of appointment.  No more than one-third of the members appointed by each appointing authority may be current or former legislators.  No more than two-thirds of the members appointed by each appointing authority may belong to the same political party; however, political activity or affiliation is not required for the appointment of any member.  Geographical representation must be taken into consideration when making appointments.  Section 15.0575 shall govern the advisory council, except that:

 

(1) the members shall be appointed to six-year terms with one-third appointed each even-numbered year; and

 

(2) student members are appointed to two-year terms with two students appointed each even-numbered year.


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A member may not serve more than two full terms.

 

(1) four members of the house of representatives, two of whom are appointed by the speaker of the house and two of whom are appointed by the minority leader; and

 

(2) four members of the senate, two of whom are appointed by the majority leader and two of whom are appointed by the minority leader.

 

(b) Members serve at the pleasure of the appointing authority.  The first appointments must be made by September 1, 2018.

 

(c) A chair of the commission serves a two-year term, expiring on June 30 in an even-numbered year.  The chair must alternate biennially between a designee of the speaker of the house and a designee of the senate majority leader.  Only a member of the commission may be designated as the chair.  The speaker of the house shall designate the first chair.  The chair may vote on any matter before the commission.

 

Subd. 3.  Duties.  (a) The advisory council commission shall:

 

(1) develop, in consultation with current and former regents, the University of Minnesota Alumni Association, and the administration of the University of Minnesota, a statement of the selection criteria to be applied and a description of the responsibilities and duties of a regent, and shall distribute this to potential candidates; and

 

(2) for each position on the board, identify and recruit qualified candidates for the Board of Regents, based on the background and experience of the candidates, their potential for discharging the responsibilities of a member of the Board of Regents, and the needs of the board.  The selection criteria must not include a limitation on the number of terms an individual may serve on the Board of Regents.

 

(b) The selection criteria developed under paragraph (a), clause (1), must include a criterion that regents represent diversity in geography; gender; race; occupation, including business and labor; and experience.

 

(c) The selection criterion must include an identification of the membership needs of the board for individual skills relevant to the governance of the University of Minnesota and the needs for certain individual characteristics.  Individual characteristics relate to qualities such as gender, race, and geographic location of residence.

 

Subd. 4.  Recommendations.  (a) The advisory council commission shall recommend at least two one and not more than four three candidates for each vacancy.  By January 15 of each odd-numbered year, the advisory council commission shall submit its recommendations to the joint legislative committee described in section 137.0246, subdivision 2.

 

(b) The advisory council commission must submit a report to the joint committee on the needs criterion identified under subdivision 3, paragraph (c), at the same time it submits its recommendations.

 

Subd. 5.  Support services.  The Legislative Coordinating Commission shall provide administrative and support services for the advisory council commission.  The Legislative Coordinating Commission shall collect application materials from regent candidates and forward all materials to the Legislative Commission on Regent Selection.


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Sec. 6.  Minnesota Statutes 2016, section 137.0246, is amended to read:

 

137.0246 REGENT NOMINATION AND ELECTION.

 

Subd. 2.  Regent nomination joint committee.  (a) The joint legislative committee consists of the members of the higher education budget and policy divisions in each house of the legislature.  The chairs of the divisions from each body shall be cochairs of the joint legislative committee.  A majority of the members from each house is a quorum of the joint committee.

 

(b) By February 28 of each odd-numbered year, or at a date agreed to by concurrent resolution, the joint legislative committee shall meet to consider the advisory council's Legislative Commission on Regent Selection's recommendations for regent of the University of Minnesota for possible presentation to a joint convention of the legislature.

 

(c) The joint committee may recommend to the joint convention candidates recommended by the advisory council Legislative Commission on Regent Selection and the other candidates nominated by the joint committee.  A candidate other than those recommended by the advisory council Legislative Commission on Regent Selection may be nominated for consideration by the joint committee only if the nomination receives the support of at least three house of representatives members of the committee and two senate members of the committee.  A candidate must receive a majority vote of members from the house of representatives and from the senate on the joint committee to be recommended to the joint convention.  The joint committee may recommend no more than one candidate for each vacancy.  In recommending nominees, the joint committee must consider the needs of the board of regents and the balance of the board membership with respect to gender, racial, and ethnic composition.

 

Sec. 7.  Laws 2017, chapter 89, article 1, section 2, subdivision 18, is amended to read:

 

Subd. 18.  MNSCU Two-Year Public College Program

3,481,000 2,481,000

 

-0-

 

(a) $2,780,000 $1,780,000 in fiscal year 2018 is for two-year public college program grants under Laws 2015, chapter 69, article 3, section 20.

 

(b) $545,000 in fiscal year 2018 is to provide mentoring and outreach as specified under Laws 2015, chapter 69, article 3, section 20.

 

(c) $156,000 in fiscal year 2018 is for information technology and administrative costs associated with implementation of the grant program.

 

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

 

Sec. 8.  Laws 2017, chapter 89, article 1, section 2, subdivision 20, is amended to read:

 

Subd. 20.  Spinal Cord Injury and Traumatic Brain Injury Research Grant Program

 

3,000,000

 

 

3,000,000

 

For transfer to the spinal cord injury and traumatic brain injury research grant account in the special revenue fund.


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For spinal cord injury and traumatic brain injury research grants authorized under Minnesota Statutes, section 136A.901.

 

The commissioner may use no more than three percent of this appropriation to administer the grant program under this subdivision.

 

Sec. 9.  AFFORDABLE TEXTBOOK PLAN AND REPORT.

 

The Board of Trustees of the Minnesota State Colleges and Universities shall develop a plan to increase the use of affordable textbooks and instructional materials.  The board must explore and study registration software or other systems and methods to disclose or display the cost of all textbooks and instructional materials required for a course at or prior to course registration.  The plan must describe the systems or methods examined and the results of the study.  The plan must establish a goal for the percentage of all courses offered at state colleges and universities that will use affordable textbooks and instructional materials.  The plan must identify and describe key terms, including "affordable textbook," "instructional material," and "course."  The board must submit the plan to the chairs and ranking minority members of the legislative committees with jurisdiction over higher education by January 15, 2020.

 

Sec. 10.  UNIVERSITY OF MINNESOTA; APPEAL PROCESS FOR SEXUAL MISCONDUCT FINDINGS INVOLVING EMPLOYEES.

 

The Board of Regents of the University of Minnesota is requested to amend its sexual misconduct policies to:

 

(1) provide a process for accused university employees and their victims to appeal findings of the university's Office of Equal Opportunity and Affirmative Action before an impartial decision maker; and

 

(2) require the office, at the conclusion of a sexual misconduct investigation, to provide notice to accused university employees and their victims of any appeal rights.

 

ARTICLE 3

OFFICE OF HIGHER EDUCATION AGENCY POLICY

 

Section 1.  Minnesota Statutes 2016, section 127A.70, subdivision 2, is amended to read:

 

Subd. 2.  Powers and duties; report.  (a) The partnership shall develop recommendations to the governor and the legislature designed to maximize the achievement of all P-20 students while promoting the efficient use of state resources, thereby helping the state realize the maximum value for its investment.  These recommendations may include, but are not limited to, strategies, policies, or other actions focused on:

 

(1) improving the quality of and access to education at all points from preschool through graduate education;

 

(2) improving preparation for, and transitions to, postsecondary education and work;

 

(3) ensuring educator quality by creating rigorous standards for teacher recruitment, teacher preparation, induction and mentoring of beginning teachers, and continuous professional development for career teachers; and

 

(4) realigning the governance and administrative structures of early education, kindergarten through grade 12, and postsecondary systems in Minnesota.


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(b) Under the direction of the P-20 Education Partnership Statewide Longitudinal Education Data System Governance Committee, the Office of Higher Education and the Departments of Education and Employment and Economic Development shall improve and expand the Statewide Longitudinal Education Data System (SLEDS) to provide policymakers, education and workforce leaders, researchers, and members of the public with data, research, and reports to:

 

(1) expand reporting on students' educational outcomes for diverse student populations including at-risk students, children with disabilities, English learners, and gifted students, among others, and include formative and summative evaluations based on multiple measures of child well-being, early childhood development, and student progress toward career and college readiness;

 

(2) evaluate the effectiveness of (i) investments in young children and families and (ii) educational and workforce programs; and

 

(3) evaluate the relationship between (i) investments in young children and families and (ii) education and workforce outcomes, consistent with section 124D.49.

 

To the extent possible under federal and state law, research and reports should be accessible to the public on the Internet, and disaggregated by demographic characteristics, organization or organization characteristics, and geography.

 

It is the intent of the legislature that the Statewide Longitudinal Education Data System inform public policy and decision-making.  The SLEDS governance committee, with assistance from staff of the Office of Higher Education, the Department of Education, and the Department of Employment and Economic Development, shall respond to legislative committee and agency requests on topics utilizing data made available through the Statewide Longitudinal Education Data System as resources permit.  Any analysis of or report on the data must contain only summary data.

 

(c) By January 15 of each year, the partnership shall submit a report to the governor and to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over P-20 education policy and finance that summarizes the partnership's progress in meeting its goals and identifies the need for any draft legislation when necessary to further the goals of the partnership to maximize student achievement while promoting efficient use of resources.

 

Sec. 2.  Minnesota Statutes 2017 Supplement, section 136A.1275, subdivision 2, is amended to read:

 

Subd. 2.  Eligibility.  To be eligible for a grant under this section, a teacher candidate must:

 

(1) be enrolled in a Professional Educator Licensing and Standards Board-approved teacher preparation program that requires at least 12 weeks of student teaching in order to be recommended for a full professional teaching license;

 

(2) demonstrate financial need based on criteria established by the commissioner under subdivision 3;

 

(3) intend to teach in a shortage area or belong to an underrepresented racial or ethnic group be meeting satisfactory academic progress as defined under section 136A.101, subdivision 10; and

 

(4) be meeting satisfactory academic progress as defined under section 136A.101, subdivision 10 intend to teach in a shortage area or belong to an underrepresented racial or ethnic group.  Intent can be documented based on the teacher license field the student is pursuing or a statement of intent to teach in an economic development region defined as a shortage area in the year the student receives a grant.


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Sec. 3.  Minnesota Statutes 2017 Supplement, section 136A.1275, subdivision 3, is amended to read:

 

Subd. 3.  Administration; repayment.  (a) The commissioner must establish an application process and other guidelines for implementing this program, including repayment responsibilities for stipend recipients who do not complete student teaching or who leave Minnesota to teach in another state during the first year after student teaching.

 

(b) The commissioner must determine each academic year the stipend amount up to $7,500 based on the amount of available funding, the number of eligible applicants, and the financial need of the applicants.

 

(c) The percentage of the total award funds available at the beginning of the fiscal year reserved for teacher candidates who identify as belonging to an underrepresented a racial or ethnic group underrepresented in the Minnesota teacher workforce must be equal to or greater than the total percentage of students of underrepresented racial or ethnic groups underrepresented in the Minnesota teacher workforce as measured under section 120B.35, subdivision 3.  If this percentage cannot be met because of a lack of qualifying candidates, the remaining amount may be awarded to teacher candidates who intend to teach in a shortage area.

 

Sec. 4.  Minnesota Statutes 2016, section 136A.15, subdivision 8, is amended to read:

 

Subd. 8.  Eligible student.  "Eligible student" means a student who is officially registered or accepted for enrollment at an eligible institution in Minnesota or a Minnesota resident who is officially registered as a student or accepted for enrollment at an eligible institution in another state or province.  Non-Minnesota residents are eligible students if they are enrolled or accepted for enrollment in a minimum of one course of at least 30 days in length during the academic year that requires physical attendance at an eligible institution located in Minnesota.  Non‑Minnesota resident students enrolled exclusively during the academic year in correspondence courses or courses offered over the Internet are not eligible students.  Non-Minnesota resident students not physically attending classes in Minnesota due to enrollment in a study abroad program for 12 months or less are eligible students.  Non‑Minnesota residents enrolled in study abroad programs exceeding 12 months are not eligible students.  An eligible student, for section 136A.1701, means a student who gives informed consent authorizing the disclosure of data specified in section 136A.162, paragraph (c), to a consumer credit reporting agency.

 

Sec. 5.  Minnesota Statutes 2016, section 136A.16, subdivision 1, is amended to read:

 

Subdivision 1.  Designation.  Notwithstanding chapter 16C, the office is designated as the administrative agency for carrying out the purposes and terms of sections 136A.15 to 136A.1702 136A.1704.  The office may establish one or more loan programs.

 

Sec. 6.  Minnesota Statutes 2016, section 136A.16, subdivision 2, is amended to read:

 

Subd. 2.  Rules, policies, and conditions.  The office shall adopt policies and may prescribe appropriate rules and conditions to carry out the purposes of sections 136A.15 to 136A.1702.  The policies and rules except as they relate to loans under section 136A.1701 must be compatible with the provisions of the National Vocational Student Loan Insurance Act of 1965 and the provisions of title IV of the Higher Education Act of 1965, and any amendments thereof.

 

Sec. 7.  Minnesota Statutes 2016, section 136A.16, subdivision 5, is amended to read:

 

Subd. 5.  Agencies.  The office may contract with loan servicers, collection agencies, credit bureaus, or any other person, to carry out the purposes of sections 136A.15 to 136A.1702 136A.1704.


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Sec. 8.  Minnesota Statutes 2016, section 136A.16, subdivision 8, is amended to read:

 

Subd. 8.  Investment.  Money made available to the office that is not immediately needed for the purposes of sections 136A.15 to 136A.1702 136A.1704 may be invested by the office.  The money must be invested in bonds, certificates of indebtedness, and other fixed income securities, except preferred stocks, which are legal investments for the permanent school fund.  The money may also be invested in prime quality commercial paper that is eligible for investment in the state employees retirement fund.  All interest and profits from such investments inure to the benefit of the office or may be pledged for security of bonds issued by the office or its predecessors.

 

Sec. 9.  Minnesota Statutes 2016, section 136A.16, subdivision 9, is amended to read:

 

Subd. 9.  Staff.  The office may employ the professional and clerical staff the commissioner deems necessary for the proper administration of the loan programs established and defined by sections 136A.15 to 136A.1702 136A.1704.

 

Sec. 10.  Minnesota Statutes 2016, section 136A.162, is amended to read:

 

136A.162 CLASSIFICATION OF DATA.

 

(a) Except as provided in paragraphs (b) and (c), data on applicants for financial assistance collected and used by the office for student financial aid programs administered by that office are private data on individuals as defined in section 13.02, subdivision 12.

 

(b) Data on applicants may be disclosed to the commissioner of human services to the extent necessary to determine eligibility under section 136A.121, subdivision 2, clause (5).

 

(c) The following data collected in the Minnesota supplemental loan program under section sections 136A.1701 and 136A.1704 may be disclosed to a consumer credit reporting agency only if the borrower and the cosigner give informed consent, according to section 13.05, subdivision 4, at the time of application for a loan:

 

(1) the lender-assigned borrower identification number;

 

(2) the name and address of borrower;

 

(3) the name and address of cosigner;

 

(4) the date the account is opened;

 

(5) the outstanding account balance;

 

(6) the dollar amount past due;

 

(7) the number of payments past due;

 

(8) the number of late payments in previous 12 months;

 

(9) the type of account;

 

(10) the responsibility for the account; and

 

(11) the status or remarks code.


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Sec. 11.  Minnesota Statutes 2016, section 136A.1701, subdivision 7, is amended to read:

 

Subd. 7.  Repayment of loans.  (a) The office shall establish repayment procedures for loans made under this section, but in no event shall the period of permitted repayment for SELF II or SELF III loans exceed ten years from the eligible student's termination of the student's postsecondary academic or vocational program, or 15 years from the date of the student's first loan under this section, whichever is less in accordance with the policies, rules, and conditions authorized under section 136A.16, subdivision 2.  The office will take into consideration the loan limits and current financial market conditions when establishing repayment terms.

 

(b) For SELF IV loans, eligible students with aggregate principal loan balances from all SELF phases that are less than $18,750 shall have a repayment period not exceeding ten years from the eligible student's graduation or termination date.  For SELF IV loans, eligible students with aggregate principal loan balances from all SELF phases of $18,750 or greater shall have a repayment period not exceeding 15 years from the eligible student's graduation or termination date.  For SELF IV loans, the loans shall enter repayment no later than seven years after the first disbursement date on the loan.

 

(c) For SELF loans from phases after SELF IV, eligible students with aggregate principal loan balances from all SELF phases that are:

 

(1) less than $20,000, must have a repayment period not exceeding ten years from the eligible student's graduation or termination date;

 

(2) $20,000 up to $40,000, must have a repayment period not exceeding 15 years from the eligible student's graduation or termination date; and

 

(3) $40,000 or greater, must have a repayment period not exceeding 20 years from the eligible student's graduation or termination date.  For SELF loans from phases after SELF IV, the loans must enter repayment no later than nine years after the first disbursement date of the loan.

 

Sec. 12.  Minnesota Statutes 2016, section 136A.1702, is amended to read:

 

136A.1702 LEGISLATIVE OVERSIGHT.

 

(a) The office shall notify the chairs of the legislative committees with primary jurisdiction over higher education finance of any proposed material change to any of its student loan programs, including loan refinancing under section 136A.1704, prior to making the change.

 

(b) By December 1 of each year, the commissioner shall submit a report to the chairs and ranking minority members of the senate and house of representatives committees having jurisdiction over the Office of Higher Education regarding the balance of the following accounts in the special revenue fund:

 

(1) the aviation degree loan forgiveness program account established by section 136A.1789, subdivision 2;

 

(2) the teacher shortage loan forgiveness program repayment account established by section 136A.1791, subdivision 8;

 

(3) the agricultural education loan forgiveness account established by section 136A.1794, subdivision 2; and

 

(4) the large animal veterinarian loan forgiveness program account established by section 136A.1795, subdivision 2.


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Sec. 13.  Minnesota Statutes 2017 Supplement, section 136A.1789, subdivision 2, is amended to read:

 

Subd. 2.  Creation of account.  (a) An aviation degree loan forgiveness program account is established in the special revenue fund to provide qualified pilots and qualified aircraft technicians with financial assistance in repaying qualified education loans.  The commissioner must use money from the account to establish and administer the aviation degree loan forgiveness program.

 

(b) Appropriations made to the aviation degree loan forgiveness program account do not cancel and are available until expended.

 

Sec. 14.  Minnesota Statutes 2016, section 136A.1791, subdivision 8, is amended to read:

 

Subd. 8.  Fund Account established.  A teacher shortage loan forgiveness repayment fund account is created in the special revenue fund for depositing money appropriated to or received by the commissioner for the program.  Money deposited in the fund shall not revert to any state fund at the end of any fiscal year but remains in the loan forgiveness repayment fund and is continuously available for loan forgiveness under this section.

 

Sec. 15.  Minnesota Statutes 2016, section 136A.1795, subdivision 2, is amended to read:

 

Subd. 2.  Establishment; administration.  (a) The commissioner shall establish and administer a loan forgiveness program for large animal veterinarians who:

 

(1) agree to practice in designated rural areas that are considered underserved; and

 

(2) work full time in a practice that is at least 50 percent involved with the care of food animals.

 

(b) A large animal veterinarian loan forgiveness program account is established in the special revenue fund.  The commissioner must use money from the account to establish and administer the program under this section.  Appropriations to the commissioner for the program are for transfer to the fund.

 

(c) Appropriations made to the program do not cancel and are available until expended.

 

Sec. 16.  Minnesota Statutes 2017 Supplement, section 136A.646, is amended to read:

 

136A.646 ADDITIONAL SECURITY.

 

(a) New schools that have been granted conditional approval for degrees or names to allow them the opportunity to apply for and receive accreditation under section 136A.65, subdivision 7, or shall provide a surety bond in a sum equal to ten percent of the net revenue from tuition and fees in the registered institution's prior fiscal year, but in no case shall the bond be less than $10,000.

 

(b) Any registered institution that is notified by the United States Department of Education that it has fallen below minimum financial standards and that its continued participation in Title IV will be conditioned upon its satisfying either the Zone Alternative, Code of Federal Regulations, title 34, section 668.175, paragraph (f), or a Letter of Credit Alternative, Code of Federal Regulations, title 34, section 668.175, paragraph (c), shall provide a surety bond in a sum equal to the "letter of credit" required by the United States Department of Education in the Letter of Credit Alternative, but in no event shall such bond be less than $10,000 nor more than $250,000.  In the event the letter of credit required by the United States Department of Education is higher than ten percent of the Title IV, Higher Education Act program funds received by the institution during its most recently completed fiscal


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year, the office shall reduce the office's surety requirement to represent ten percent of the Title IV, Higher Education Act program funds received by the institution during its most recently completed fiscal year, subject to the minimum and maximum in this paragraph.

 

(b) (c) In lieu of a bond, the applicant may deposit with the commissioner of management and budget:

 

(1) a sum equal to the amount of the required surety bond in cash;

 

(2) securities, as may be legally purchased by savings banks or for trust funds, in an aggregate market value equal to the amount of the required surety bond; or

 

(3) an irrevocable letter of credit issued by a financial institution to the amount of the required surety bond.

 

(c) (d) The surety of any bond may cancel it upon giving 60 days' notice in writing to the office and shall be relieved of liability for any breach of condition occurring after the effective date of cancellation.

 

(d) (e) In the event of a school closure, the additional security must first be used to destroy any private educational data under section 13.32 left at a physical campus in Minnesota after all other governmental agencies have recovered or retrieved records under their record retention policies.  Any remaining funds must then be used to reimburse tuition and fee costs to students that were enrolled at the time of the closure or had withdrawn in the previous 120 calendar days but did not graduate.  Priority for refunds will be given to students in the following order:

 

(1) cash payments made by the student or on behalf of a student;

 

(2) private student loans; and

 

(3) Veteran Administration education benefits that are not restored by the Veteran Administration.  If there are additional security funds remaining, the additional security funds may be used to cover any administrative costs incurred by the office related to the closure of the school.

 

Sec. 17.  Minnesota Statutes 2017 Supplement, section 136A.822, subdivision 6, is amended to read:

 

Subd. 6.  Bond.  (a) No license shall be issued to any private career school which maintains, conducts, solicits for, or advertises within the state of Minnesota any program, unless the applicant files with the office a continuous corporate surety bond written by a company authorized to do business in Minnesota conditioned upon the faithful performance of all contracts and agreements with students made by the applicant.

 

(b)(1) The amount of the surety bond shall be ten percent of the preceding year's net income revenue from student tuition, fees, and other required institutional charges collected, but in no event less than $10,000, except that a private career school may deposit a greater amount at its own discretion.  A private career school in each annual application for licensure must compute the amount of the surety bond and verify that the amount of the surety bond complies with this subdivision.  A private career school that operates at two or more locations may combine net income revenue from student tuition, fees, and other required institutional charges collected for all locations for the purpose of determining the annual surety bond requirement.  The net revenue from tuition and fees used to determine the amount of the surety bond required for a private career school having a license for the sole purpose of recruiting students in Minnesota shall be only that paid to the private career school by the students recruited from Minnesota.


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(2) A person required to obtain a private career school license due to the use of "academy," "institute," "college," or "university" in its name and which is also licensed by another state agency or board, except not including those schools licensed exclusively in order to participate in state grants or SELF loan financial aid programs, shall be required to provide a school bond of $10,000.

 

(c) The bond shall run to the state of Minnesota and to any person who may have a cause of action against the applicant arising at any time after the bond is filed and before it is canceled for breach of any contract or agreement made by the applicant with any student.  The aggregate liability of the surety for all breaches of the conditions of the bond shall not exceed the principal sum deposited by the private career school under paragraph (b).  The surety of any bond may cancel it upon giving 60 days' notice in writing to the office and shall be relieved of liability for any breach of condition occurring after the effective date of cancellation.

 

(d) In lieu of bond, the applicant may deposit with the commissioner of management and budget a sum equal to the amount of the required surety bond in cash, an irrevocable letter of credit issued by a financial institution equal to the amount of the required surety bond, or securities as may be legally purchased by savings banks or for trust funds in an aggregate market value equal to the amount of the required surety bond.

 

(e) Failure of a private career school to post and maintain the required surety bond or deposit under paragraph (d) may result in denial, suspension, or revocation of the school's license.

 

Sec. 18.  Minnesota Statutes 2016, section 136A.822, subdivision 10, is amended to read:

 

Subd. 10.  Catalog, brochure, or electronic display.  Before a license is issued to a private career school, the private career school shall furnish to the office a catalog, brochure, or electronic display including:

 

(1) identifying data, such as volume number and date of publication;

 

(2) name and address of the private career school and its governing body and officials;

 

(3) a calendar of the private career school showing legal holidays, beginning and ending dates of each course quarter, term, or semester, and other important dates;

 

(4) the private career school policy and regulations on enrollment including dates and specific entrance requirements for each program;

 

(5) the private career school policy and regulations about leave, absences, class cuts, make-up work, tardiness, and interruptions for unsatisfactory attendance;

 

(6) the private career school policy and regulations about standards of progress for the student including the grading system of the private career school, the minimum grades considered satisfactory, conditions for interruption for unsatisfactory grades or progress, a description of any probationary period allowed by the private career school, and conditions of reentrance for those dismissed for unsatisfactory progress;

 

(7) the private career school policy and regulations about student conduct and conditions for dismissal for unsatisfactory conduct;

 

(8) a detailed schedule of fees, charges for tuition, books, supplies, tools, student activities, laboratory fees, service charges, rentals, deposits, and all other charges;


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(9) the private career school policy and regulations, including an explanation of section 136A.827, about refunding tuition, fees, and other charges if the student does not enter the program, withdraws from the program, or the program is discontinued;

 

(10) a description of the available facilities and equipment;

 

(11) a course outline syllabus for each course offered showing course objectives, subjects or units in the course, type of work or skill to be learned, and approximate time, hours, or credits to be spent on each subject or unit;

 

(12) the private career school policy and regulations about granting credit for previous education and preparation;

 

(13) a notice to students relating to the transferability of any credits earned at the private career school to other institutions;

 

(14) a procedure for investigating and resolving student complaints; and

 

(15) the name and address of the office; and

 

(16) the student complaint process and rights under section 136A.8295.

 

A private career school that is exclusively a distance education school is exempt from clauses (3) and (5).

 

Sec. 19.  Minnesota Statutes 2017 Supplement, section 136A.8295, is amended by adding a subdivision to read:

 

Subd. 6.  Disclosure.  Schools must disclose on their Web site, student handbook, and student catalog the student complaint process under this section to students.

 

Sec. 20.  Laws 2017, chapter 89, article 1, section 2, subdivision 29, is amended to read:

 

Subd. 29.  Emergency Assistance for Postsecondary Students

175,000

 

175,000

 

(a) This appropriation is for the Office of Higher Education to allocate grant funds on a matching basis to schools eligible institutions as defined under Minnesota Statutes, section 136A.103, located in Minnesota with a demonstrable homeless student population.

 

(b) This appropriation shall be used to meet immediate student needs that could result in a student not completing the term or their program including, but not limited to, emergency housing, food, and transportation.  Emergency assistance does not impact the amount of state financial aid received.

 

(c) The commissioner shall determine the application process and the grant amounts.  Any balance in the first year does not cancel but shall be available in the second year.  The Office of Higher Education shall partner with interested postsecondary institutions, other state agencies, and student groups to establish the programs.


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Sec. 21.  Laws 2017, chapter 89, article 1, section 2, subdivision 31, is amended to read:

 

Subd. 31.  Teacher Shortage Loan Forgiveness

 

200,000

 

200,000

 

For transfer to the teacher shortage loan forgiveness program repayment account in the special revenue fund under Minnesota Statutes, section 136A.1791, subdivision 8.

 

The commissioner may use no more than three percent of this appropriation to administer the program under this subdivision.

 

Sec. 22.  Laws 2017, chapter 89, article 1, section 2, subdivision 32, is amended to read:

 

Subd. 32.  Large Animal Veterinarian Loan Forgiveness Program

 

375,000

 

 

375,000

 

For transfer to the large animal veterinarian loan forgiveness program account in the special revenue fund under Minnesota Statutes, section 136A.1795, subdivision 2.

 

Sec. 23.  Laws 2017, chapter 89, article 1, section 2, subdivision 33, is amended to read:

 

Subd. 33.  Agricultural Educators Loan Forgiveness

 

50,000

 

50,000

 

For deposit in transfer to the agricultural education loan forgiveness account in the special revenue fund under Minnesota Statutes, section 136A.1794, subdivision 2.

 

Sec. 24.  Laws 2017, chapter 89, article 1, section 2, subdivision 34, is amended to read:

 

Subd. 34.  Aviation Degree Loan Forgiveness Program

 

25,000

 

25,000

 

For transfer to the aviation degree loan forgiveness program account in the special revenue fund under Minnesota Statutes, section 136A.1789, subdivision 2.

 

Sec. 25.  ONGOING APPROPRIATION.

 

Notwithstanding Minnesota Statutes, section 136A.1791, subdivision 8, the appropriation made in Laws 2016, chapter 189, article 25, section 62, subdivision 11, is available until June 30, 2019.

 

Sec. 26.  REPEALER.

 

Minnesota Statutes 2016, sections 136A.15, subdivisions 2 and 7; and 136A.1701, subdivision 12, are repealed."

 

Delete the title and insert:

 

"A bill for an act relating to higher education; providing for the financing of higher education programs; modifying certain higher education policy provisions; making clarifying changes to loan forgiveness and research grant programs; modifying the regent candidate selection process; requiring reports; appropriating money; amending Minnesota Statutes 2016, sections 127A.70, subdivision 2; 135A.15, subdivisions 2, 6; 136A.15, subdivision 8;


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136A.16, subdivisions 1, 2, 5, 8, 9; 136A.162; 136A.1701, subdivision 7; 136A.1702; 136A.1791, subdivision 8; 136A.1795, subdivision 2; 136A.822, subdivision 10; 136A.901, by adding a subdivision; 137.0245; 137.0246; Minnesota Statutes 2017 Supplement, sections 136A.1275, subdivisions 2, 3; 136A.1789, subdivision 2; 136A.646; 136A.822, subdivision 6; 136A.8295, by adding a subdivision; Laws 2017, chapter 89, article 1, section 2, subdivisions 18, 20, 29, 31, 32, 33, 34; proposing coding for new law in Minnesota Statutes, chapter 136A; repealing Minnesota Statutes 2016, sections 136A.15, subdivisions 2, 7; 136A.1701, subdivision 12."

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Davids from the Committee on Taxes to which was referred:

 

H. F. No. 3688, A bill for an act relating to energy; modifying the energy improvements program; providing consumer protections for residential property assessed clean energy (PACE) loans; providing remedies; amending Minnesota Statutes 2016, sections 45.011, subdivision 1; 46.04, subdivision 1; 46.131, subdivisions 1, 2, 4; 216C.435, subdivisions 1, 2, 3a, 6, 8, by adding subdivisions; 216C.436, subdivisions 1, 2, 5, 7, 8, 9, by adding a subdivision; 290B.03, subdivision 1; Minnesota Statutes 2017 Supplement, section 46.131, subdivision 11; proposing coding for new law in Minnesota Statutes, chapter 216C; repealing Minnesota Statutes 2016, section 216C.435, subdivision 5.

 

Reported the same back with the following amendments:

 

Page 12, line 24, after the period, insert "A notice of the PACE loan containing the legal description of the property shall be recorded by the PACE administrator with the county recorder or registrar of titles, as appropriate, within 30 days of the first date of funding of the PACE loan."

 

Page 25, line 17, delete "taxes" and insert "tax bill"

 

Page 29, line 17, delete the new language

 

Page 29, line 18, delete the new language

 

Page 29, line 24, after the first "year" insert "or debts secured by a residential PACE lien, as that term​ is defined under section 216C.435, subdivision 10d"

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

 

Anderson, S., from the Committee on State Government Finance to which was referred:

 

H. F. No. 4016, A bill for an act relating to state government; requiring the commissioner of management and budget to maintain a Web site that permits persons to make gifts to the state online; amending Minnesota Statutes 2016, section 16A.013, by adding a subdivision.

 

Reported the same back with the following amendments:


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Delete everything after the enacting clause and insert:

 

"ARTICLE 1

STATE GOVERNMENT APPROPRIATIONS

 

Section 1.  APPROPRIATIONS. 

 

The sums shown in the columns marked "Appropriations" are added to or, if shown in parentheses, subtracted from the appropriations in Laws 2017, First Special Session chapter 4, article 1, to the agencies and for the purposes specified in this article.  The appropriations are from the general fund, or another named fund, and are available for the fiscal years indicated for each purpose.  The figures "2018" and "2019" used in this article mean that the appropriations listed under them are available for the fiscal year ending June 30, 2018, or June 30, 2019, respectively.

 

 

 

 

APPROPRIATIONS

 

 

 

Available for the Year

 

 

 

Ending June 30

 

 

 

2018

2019

 

Sec. 2.  LEGISLATURE

 

.......

 

314,000

 

These amounts are from the general fund for the Legislative Coordinating Commission, as follows:

 

(1) $120,000 is for the transfer of responsibilities related to the Pew-MacArthur Results First framework.  The base for this appropriation is $177,000 in fiscal year 2020 and $185,000 in fiscal year 2021;

 

(2) $104,000 is for digital preservation of legislative records by the Legislative Reference Library.  This is a onetime appropriation; and

 

(3) $90,000 is for rent payments for the Office of the Revisor of Statutes.  This is a onetime appropriation.

 

Sec. 3.  ATTORNEY GENERAL

 

$.......

 

$(1,000,000)

 

This is a general reduction to office operations, subject to the requirements of section 14.

 

Sec. 4.  SECRETARY OF STATE

 

$.......

 

$1,754,000

 

Of these amounts:

 

(1) $220,000 is appropriated from the political party accounts established in the special revenue fund under Minnesota Statutes, section 10A.30, subdivision 2, for deposit in the Help America Vote Act Account established under Minnesota Statutes, section 5.30.  This amount is for purposes that constitute the state match necessary to receive $6,595,610 in federal funds for cybersecurity


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under the Omnibus Appropriations Act of 2018, Public Law 115‑1410, and section 101 of the Help America Vote Act of 2002 under Public Law 107-252.  This is a onetime appropriation; and

 

(2) $1,534,000 is appropriated from the Help America Vote Act account established under Minnesota Statutes, section 5.30, for the purposes of modernizing, securing, and updating the statewide voter registration system and for cybersecurity upgrades as authorized by federal law.  This is a onetime appropriation and is available until June 30, 2020.

 

Sec. 5.  ADMINISTRATIVE HEARINGS

 

$.......

 

$525,000

 

These amounts are from the general fund for the information policy analysis unit established in Minnesota Statutes, section 13.071.

 

Sec. 6.  ADMINISTRATION

 

$.......

 

$(1,243,000)

 

These amounts include reductions as follows:

 

(1) the Office of Continuous Improvement is reduced by $418,000;

 

(2) the State Historic Preservation Office is reduced by $300,000 in fiscal year 2019.  The base for this appropriation in fiscal years 2020 and 2021 is reduced by $200,000 each year; and

 

(3) the Data Practices Office is reduced by $525,000.

 

Sec. 7.  MINNESOTA MANAGEMENT AND BUDGET

$.......

 

$3,950,000

 

(a) $4,000,000 is from the amounts transferred to the general fund from the stadium reserve account under section 16, to establish an office to investigate allegations of harassment, misconduct, and discrimination, as provided in Minnesota Statutes, section 43A.385.  Of these amounts:

 

(1) $2,591,000 is to establish the office, to review and investigate claims, and to maintain, analyze, and report data as required by Minnesota Statutes, section 43A.385, subdivisions 1 and 2;

 

(2) $255,000 is a onetime appropriation to administer and evaluate an employee community survey as required by Minnesota Statutes, section 43A.385, subdivision 3;

 

(3) $26,000 is to study, develop, and maintain a complaint hotline, as provided by Minnesota Statutes, section 43A.385, subdivision 4;


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(4) $316,000 is a onetime appropriation to establish an audit process to review policies, procedures, and outcomes enterprise-wide, as provided by Minnesota Statutes, section 43A.385, subdivision 5; and

 

(5) $812,000 is to provide training on harassment, misconduct, and discrimination policy, as provided by Minnesota Statutes, section 43A.385, subdivision 6.

 

No later than February 15, 2019, the commissioner of management and budget must submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over state government finance on the reduced human resources workload and other cost savings realized by individual agencies due to the consolidation of these activities in a single office.

 

The base for this appropriation is $3,429,000 in fiscal year 2020 and thereafter.

 

(b) The department's fiscal year 2019 appropriation includes a reduction of $50,000 resulting from the transfer of the Pew‑MacArthur Results First framework responsibilities to the legislature.  The department's base for fiscal years 2020 and 2021 is reduced by $122,000 each year to reflect this transfer.

 

(c) No later than December 31, 2018, the commissioner must credit at least $500,000 to the general fund based on savings realized through implementation of the employee gainsharing program required by Minnesota Statutes, section 16A.90.  If a credit of at least this amount has not been made to the general fund as of that date, the appropriation provided in this subdivision for fiscal year 2019 is reduced in an amount equal to the difference between the amount actually credited to the general fund and the total credit required by this paragraph.

 

Sec. 8.  REVENUE

 

$.......

 

$(3,880,000)

 

(a) These amounts include a general reduction to agency operations, subject to the requirements of section 14, of $3,895,000.

 

(b) $15,000 is from the general fund for preparing and submitting a supplemental 2018 tax incidence report meeting the requirements of Minnesota Statutes, section 270C.13, subdivision 1, as amended in article 2, section 59.  The supplemental report must be completed and submitted no later than January 2, 2019.

 

Sec. 9.  HUMAN RIGHTS

 

$.......

 

$(1,409,000)

 

These amounts may not be used to reduce the operations or services of the department's regional office in St. Cloud.


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Sec. 10.  MINNESOTA HISTORICAL SOCIETY

$.......

 

$1,000,000

 

These amounts are from the general fund, for digital preservation and access, including planning and implementation of a program to preserve and make available resources related to Minnesota history.  This is a onetime appropriation.

 

Sec. 11.  MINNESOTA HUMANITIES CENTER

$.......

 

$710,000

 

(a) $210,000 is from the general fund for the Healthy Eating, Here at Home program under Minnesota Statutes, section 138.912.  This is a onetime appropriation.  No more than three percent of the appropriation may be used for the nonprofit administration of this program.

 

(b) $250,000 is from the general fund for a grant to Everybody Wins!-Minnesota, a Minnesota 501(c)(3) corporation, to operate a reading program for Minnesota children.  This is a onetime appropriation.

 

(c) $250,000 is from the general fund for a grant to the Minnesota Council on Economic Education to provide staff development to teachers for the implementation of the state graduation standards in learning areas relating to economic education.  This is a onetime appropriation and does not cancel, but is available until expended.  The commissioner of education, in consultation with the council, shall develop expected results of staff development, eligibility criteria for participants, an evaluation procedure, and guidelines for direct and in-kind contributions by the council.

 

Sec. 12.  BOARD OF COSMETOLOGIST EXAMINERS

$.......

 

$(518,000)

 

This is a general reduction to board operations, subject to the requirements of section 14.

 

Sec. 13  VETERANS AFFAIRS

 

$.......

 

$26,000,000

 

(a) $26,000,000 in fiscal year 2019 is from the amounts transferred to the general fund from the stadium reserve account under section 16, for the following:

 

(1) $10,000,000 is to design, construct, furnish, and equip a veterans home in Preston;

 

(2) $6,000,000 is to design, construct, furnish, and equip a veterans home in Montevideo; and

 

(3) $10,000,000 is to design, construct, furnish, and equip a veterans home in Bemidji.


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(b) These veterans homes are subject to the requirements of The People's Veterans Homes Act, as provided in article 2, section 83.  This is a onetime appropriation, and is available until June 30, 2021.  The appropriations are not available until the commissioner of management and budget, in consultation with the commissioner of veterans affairs, determines that amounts sufficient to complete the projects are committed from nonstate sources.

 

Sec. 14.  REDUCED APPROPRIATIONS; PRESERVATION OF PROGRAMS AND SERVICES.

 

To the extent that appropriations provided by this article reflect reductions in amounts appropriated under Laws 2017, First Special Session chapter 4, and the purpose for the reduction is not otherwise specified, the affected constitutional office, agency, or board must allocate the reduction across all program activities, prioritizing reductions to central administration and general operations.  Unless otherwise specified, reductions must not be made to programs or services that are provided directly to members of the public.

 

Sec. 15.  EXECUTIVE AGENCY APPROPRIATIONS; MNLARS TARGETED REDUCTIONS.

 

(a) By October 31, 2018, the commissioner of management and budget must, with the approval of the governor and after consulting the Legislative Advisory Commission, reduce general fund appropriations for executive agency operating expenditures by $9,650,000 for the biennium ending June 30, 2019.  This is a onetime reduction.  In making reductions, the commissioner must prioritize reductions to any increased central operating or administrative expenses within an agency that resulted from the enactment of operating adjustments for that agency for the biennium ending June 30, 2019, compared to appropriations enacted for the agency for the biennium ending June 30, 2017.  The commissioner must not reduce appropriations for client-facing health care, corrections, public safety, mental health programs, or other services that are provided directly to members of the public.

 

(b) By June 30, 2018, the commissioner of management and budget must transfer $7,500,000 from the general fund to the driver services operating account in the special revenue fund, and $2,150,000 to the vehicle services operating account in the special revenue fund.

 

(c) For purposes of this subdivision, "executive agency" has the meaning given in Minnesota Statutes, section 16A.011, subdivision 12, and includes constitutional officers.

 

Sec. 16.  MINNESOTA SPORTS FACILITIES AUTHORITY; STADIUM RESERVE TRANSFER.

 

$30,817,000 must be transferred to the unrestricted general fund from the general reserve account established by the commissioner of management and budget under Minnesota Statutes, section 297E.021, no later than June 30, 2019.  This is a onetime transfer.

 

Sec. 17.  MN.IT PRIORITIZATION OF CYBERSECURITY.

 

The state chief information officer must prioritize the enhancement of cybersecurity across state government when expending any appropriations or fund transfers provided to the Office of MN.IT Services, including but not limited to those provided by Laws 2017, First Special Session chapter 4, article 1, section 10, and amounts credited to the information and telecommunications technology systems and services account established under Minnesota Statutes, section 16E.21.


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ARTICLE 2

STATE GOVERNMENT OPERATIONS

 

Section 1.  Minnesota Statutes 2016, section 1.26, subdivision 1, is amended to read:

 

Subdivision 1.  Political subdivision defined Definitions.  As used in this section,:

 

(1) "declared emergency" has the meaning given in section 12.03, subdivision 1e; and

 

(2) "political subdivision" includes counties, home rule charter and statutory cities, towns, townships, school districts, authorities, and other public corporations and entities whether organized and existing under charter or general law.

 

Sec. 2.  Minnesota Statutes 2016, section 1.26, subdivision 2, is amended to read:

 

Subd. 2.  State government.  When, due to an emergency resulting from the effects of enemy attack, or the anticipated effects of a threatened enemy attack a declared emergency, it becomes imprudent, inexpedient, or impossible to conduct the affairs of state government in the city of St. Paul, Ramsey County, Minnesota, the governor shall, as often as the exigencies of the situation require, by proclamation, declare an emergency temporary location, or locations, for the seat of government at a place, or places, in or out of the state as the governor deems advisable under the circumstances, and shall take action and issue orders as necessary for an orderly transition of the affairs of state government to the emergency temporary location, or locations.  To the extent practical, the governor's orders must be consistent with the state comprehensive emergency operations plan required by section 12.21, subdivision 3.  The emergency temporary location, or locations, shall remain the seat of government until the legislature by law establishes a new location, or locations, or until the emergency is declared to be ended by the governor and the seat of government is returned to its normal location.

 

Sec. 3.  [2.92] DISTRICTING PRINCIPLES.

 

Subdivision 1.  Applicability.  The principles in this section apply to legislative and congressional districts.

 

Subd. 2.  Nesting.  A representative district may not be divided in the formation of a senate district.

 

Subd. 3.  Equal population.  (a) Legislative districts must be substantially equal in population.  The population of a legislative district must not deviate from the ideal by more than 0.5 percent, plus or minus.

 

(b) Congressional districts must be as nearly equal in population as practicable.

 

Subd. 4.  Contiguity; compactness.  The districts must be composed of convenient contiguous territory.  To the extent consistent with the other principles in this section, districts should be compact.  Contiguity by water is sufficient if the water is not a serious obstacle to travel within the district.  Point contiguity is not sufficient.

 

Subd. 5.  Numbering.  (a) Legislative districts must be numbered in a regular series, beginning with house district 1A in the northwest corner of the state and proceeding across the state from west to east, north to south, but bypassing the 11-county metropolitan area until the southeast corner has been reached; then to the 11-county metropolitan area.  In a county that includes more than one whole senate district, the districts must be numbered consecutively.

 

(b) Congressional district numbers must begin with district one in the southeast corner of the state and end with district eight in the northeast corner of the state.


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Subd. 6.  Minority representation.  (a) The dilution of racial or ethnic minority voting strength is contrary to the laws of the United States and the state of Minnesota.  These principles must not be construed to supersede any provision of the Voting Rights Act of 1965, as amended.

 

(b) A redistricting plan must not have the intent or effect of dispersing or concentrating minority population in a manner that prevents minority communities from electing their candidates of choice.

 

Subd. 7.  Minor civil divisions.  (a) A county, city, or town must not be unduly divided unless required to meet equal population requirements or to form districts composed of convenient, contiguous territory.

 

(b) A county, city, or town is not unduly divided in the formation of a legislative or congressional district if:

 

(1) the division occurs because a portion of a city or town is noncontiguous with another portion of the same city or town; or

 

(2) despite the division, the known population of any affected county, city, or town remains wholly located within a single district.

 

Subd. 8.  Preserving communities of interest.  (a) Districts should attempt to preserve identifiable communities of interest where that can be done in compliance with the principles under this section.

 

(b) For purposes of this subdivision, "communities of interest" means recognizable areas with similarities of interests including but not limited to racial, ethnic, geographic, social, or cultural interests.

 

Subd. 9.  Data to be used.  (a) The geographic areas and population counts used in maps, tables, and legal descriptions of the districts must be those used by the Geographic Information Systems Office of the Legislative Coordinating Commission.  The population counts shall be the block population counts provided to the state under Public Law 94-171 after each decennial census, subject to correction of any errors acknowledged by the United States Census Bureau.

 

(b) Nothing in this subdivision prohibits the use of additional data, as determined by the legislature.

 

Subd. 10.  Consideration of plans.  A redistricting plan must not be considered for adoption by the senate or house of representatives until a block equivalency file showing the district to which each census block has been assigned, in a form prescribed by the director of the Geographic Information Systems Office, has been filed with the director.

 

Subd. 11.  Priority of principles.  Where it is not possible to fully comply with the principles contained in subdivisions 2 to 8, a redistricting plan must give priority to those principles in the order in which they are listed, except to the extent that doing so would violate federal or state law.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and applies to any plan for districts enacted or established for use on or after that date.

 

Sec. 4.  Minnesota Statutes 2016, section 3.303, is amended by adding a subdivision to read:

 

Subd. 12.  Emergency operations and continuity of the legislative branch.  The commission must adopt and regularly review an emergency operations and continuity of government plan for the legislative branch, as required by section 12.401.


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Sec. 5.  Minnesota Statutes 2016, section 3.8841, subdivision 9, is amended to read:

 

Subd. 9.  Powers; duties; Metropolitan Council appointments oversight.  The commission must monitor appointments to the Metropolitan Council and may make recommendations on appointments to the nominating committee under section 473.123, subdivision 3, or to the governor before the governor makes the appointments.  The commission may also make recommendations to the senate before appointments are presented to the senate for its advice and consent.

 

Sec. 6.  Minnesota Statutes 2017 Supplement, section 3.8853, subdivision 1, is amended to read:

 

Subdivision 1.  Establishment; duties.  The Legislative Budget Office is established under control of the Legislative Coordinating Commission to provide the house of representatives and senate with nonpartisan, accurate, and timely information on the fiscal impact of proposed legislation, without regard to political factors.

 

EFFECTIVE DATE.  This section is effective July 1, 2018.

 

Sec. 7.  Minnesota Statutes 2017 Supplement, section 3.8853, subdivision 1, is amended to read:

 

Subdivision 1.  Establishment; duties.  The Legislative Budget Office is established under control of the Legislative Coordinating Commission to provide the house of representatives and senate with nonpartisan, accurate, and timely information on the fiscal impact of proposed legislation, and to evaluate the effectiveness of state and county programs authorized by the legislature using the return on taxpayer investment methodology established by the Pew-MacArthur Results First framework.  The duties of the office must be conducted without regard to political factors.

 

EFFECTIVE DATE.  This section is effective January 8, 2019.

 

Sec. 8.  Minnesota Statutes 2017 Supplement, section 3.8853, is amended by adding a subdivision to read:

 

Subd. 1a.  Oversight commission.  (a) The Legislative Budget Office Oversight Commission is established.  The commission consists of:

 

(1) two members of the senate appointed by the Subcommittee on Committees of the Committee on Rules and Administration;

 

(2) two members of the senate appointed by the senate minority leader;

 

(3) two members of the house of representatives appointed by the speaker of the house; and

 

(4) two members of the house of representatives appointed by the minority leader.

 

The director of the Legislative Budget Office is the executive secretary of the commission.  The chief nonpartisan fiscal analyst of the house of representatives, the lead nonpartisan fiscal analyst of the senate, the state budget director, and the legislative auditor are ex-officio, nonvoting members of the commission.

 

(b) Members serve at the pleasure of the appointing authority, or until they are not members of the legislative body from which they were appointed.  Appointing authorities shall fill vacancies on the commission within 30 days of a vacancy being created.


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(c) The commission shall meet in January of each odd-numbered year to elect its chair and vice-chair.  They shall serve until successors are elected.  The chair and vice-chair shall alternate biennially between the senate and the house of representatives.  The commission shall meet at the call of the chair.  The members shall serve without compensation but may be reimbursed for their reasonable expenses consistent with the rules of the legislature governing expense reimbursement.

 

(d) The commission shall review the work of the Legislative Budget Office and make recommendations, as the commission determines necessary, to improve the office's ability to fulfill its duties, and shall perform other functions as directed by this section.

 

EFFECTIVE DATE; FIRST MEETING.  This section is effective the day following final enactment.  Appointments to the oversight commission must be made no later than June 15, 2018.  The chair of the Legislative Coordinating Commission must designate one appointee to convene the commission's first meeting.  The designated appointee must convene the first meeting no later than July 1, 2018.

 

Sec. 9.  Minnesota Statutes 2017 Supplement, section 3.8853, subdivision 2, is amended to read:

 

Subd. 2.  Staff.  The Legislative Coordinating Commission Legislative Budget Office Oversight Commission must appoint a director who and establish the director's duties.  The director may hire staff necessary to do the work of the office.  The director serves in the unclassified service for a term of six years and may not be removed during a term except for cause after a public hearing.  The director of the office is a public official for purposes of sections 10A.07 to 10A.09.

 

EFFECTIVE DATE.  This section is effective July 1, 2018.

 

Sec. 10.  Minnesota Statutes 2017 Supplement, section 3.8853, is amended by adding a subdivision to read:

 

Subd. 3.  Standards and guidelines.  The Legislative Budget Office must adopt uniform standards, guidelines, and procedures governing the timely preparation of fiscal notes as required by this section and section 3.98.  The standards, guidelines, and procedures are not effective until they are approved by the oversight commission.  Upon approval, the standards and guidelines must be published in the State Register and on the office's Web site.

 

EFFECTIVE DATE.  This section is effective January 8, 2019, provided that the uniform procedures to be used may be developed and adopted by the oversight commission prior to the effective date of this section.

 

Sec. 11.  Minnesota Statutes 2017 Supplement, section 3.8853, is amended by adding a subdivision to read:

 

Subd. 4.  Access to data.  (a) Upon request of the director of the Legislative Budget Office, the head or chief administrative officer of each department or agency of state government, including the Supreme Court, must promptly supply any data that, in the director's judgment, is relevant to legislation that is the subject of a fiscal note prepared by the department or agency.

 

(b) To the extent that data supplied to the Legislative Budget Office are classified as not public under chapter 13 or other applicable law, the Legislative Budget Office must maintain and administer the data in the same manner as required of a government entity subject to that classification.  Not public data supplied under this subdivision may only be used by the Legislative Budget Office to review a department or agency's work in preparing a fiscal note and may not be used or disseminated for any other purpose, including use by or dissemination to a legislator or to any officer, department, agency, or committee within the legislative branch.  A violation of this paragraph by the director or other staff of the Legislative Budget Office is subject to the penalties and remedies provided in sections 13.08 and 13.09, and any other applicable law governing the unauthorized use or acquisition of not public data.


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(c) Upon approval by the Legislative Budget Office, a completed fiscal note must be delivered to the legislative committee chair who made the request, and to the chief author of the legislation to which it relates.  Within 24 hours of approval, a completed fiscal note must be posted on the office's public Web site, unless data maintained by a government entity related to the fiscal note are classified as not public under section 13.64, subdivision 3.

 

EFFECTIVE DATE.  This section is effective January 8, 2019.

 

Sec. 12.  Minnesota Statutes 2017 Supplement, section 3.98, subdivision 1, is amended to read:

 

Subdivision 1.  Preparation; duties.  (a) The head or chief administrative officer of each department or agency of the state government, including the Supreme Court, shall cooperate, in consultation with the Legislative Budget Office and the Legislative Budget Office must and consistent with the standards, guidelines, and procedures adopted under section 3.8853, prepare a fiscal note at the request of the chair of the standing committee to which a bill has been referred, or the chair of the house of representatives Ways and Means Committee, or the chair of the senate Committee on Finance.

 

(b) Upon request of the Legislative Budget Office, the head or chief administrative officer of each department or agency of state government, including the Supreme Court, must promptly supply all information necessary for the Legislative Budget Office to prepare an accurate and timely fiscal note.

 

(c) The Legislative Budget Office may adopt standards and guidelines governing timing of responses to requests for information and governing access to data, consistent with laws governing access to data.  Agencies must comply with these standards and guidelines and the Legislative Budget Office must publish them on the office's Web site.

 

(d) (b) For purposes of this subdivision, "Supreme Court" includes all agencies, committees, and commissions supervised or appointed by the state Supreme Court or the state court administrator.

 

EFFECTIVE DATE.  This section is effective January 8, 2019.

 

Sec. 13.  [4.074] PAYMENTS FROM EXECUTIVE AGENCIES.

 

The Office of the Governor may not receive payments to the governor's office account in the special revenue fund of more than $750,000, in total, each fiscal year from other executive agencies under section 15.53 to support costs, not including the residence groundskeeper, incurred by the office.

 

Sec. 14.  [5.42] DISPLAY OF BUSINESS ADDRESS ON WEB SITE.

 

(a) A business entity may request in writing that all addresses submitted by the business entity to the secretary of state be omitted from display on the secretary of state's Web site.  A business entity may only request that all addresses be omitted from display if the entity certifies that:

 

(1) there is only one shareholder, member, manager, or owner of the business entity;

 

(2) the shareholder, manager, member, or owner is a natural person; and

 

(3) at least one of the addresses provided is the residential address of the sole shareholder, manager, member, or owner.

 

The secretary of state shall post a notice that this option is available and a link to the form needed to make a request on the secretary's Web site.  The secretary of state shall also attach a copy of the request form to all business filing forms provided in a paper format that require a business entity to submit an address.


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(b) This section does not change the classification of data under chapter 13 and addresses shall be made available to the public in response to requests made by telephone, mail, electronic mail, and facsimile transmission.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to business entity filings filed with the secretary of state on or after that date.

 

Sec. 15.  Minnesota Statutes 2017 Supplement, section 6.481, subdivision 3, is amended to read:

 

Subd. 3.  CPA firm audit.  (a) A county audit performed by a CPA firm must meet the standards and be in a form meeting recognized industry auditing standards.  The state auditor may require additional information from the CPA firm if the state auditor determines that is in the public interest, but the state auditor must accept the audit unless the state auditor determines the audit or its form does not meet recognized industry auditing standards.  The state auditor may make additional examinations as the auditor determines to be in the public interest.

 

(b) When the state auditor requires additional information from the CPA firm or makes additional examinations that the state auditor determines to be in the public interest, the state auditor must afford counties and CPA firms an opportunity to respond to potential findings, conclusions, or questions, as follows:

 

(1) at least 30 days before beginning a review for work performed by a certified public accountant firm licensed in chapter 326A, the state auditor must notify the county and CPA firm that the state auditor will be conducting a review and must identify the type and scope of review the state auditor will perform;

 

(2) throughout the state auditor's review, the auditor shall allow the county and the CPA firm at least 30 days to respond to any request by the auditor for documents or other information;

 

(3) the state auditor must provide the CPA firm with a draft report of the state auditor's findings at least 30 days before issuing a final report;

 

(4) at least 20 days before issuing a final report, the state auditor must hold a formal exit conference with the CPA firm to discuss the findings in the state auditor's draft report;

 

(5) the state auditor shall make changes to the draft report that are warranted as a result of information provided by the CPA firm during the state auditor's review; and

 

(6) the state auditor's final report must include any written responses provided by the CPA firm.

 

Sec. 16.  Minnesota Statutes 2016, section 8.065, is amended to read:

 

8.065 PRIVATE ATTORNEY CONTRACTS.

 

Subdivision 1.  Contracts for legal services in excess of $1,000,000.  The attorney general may not enter into a contract for legal services in which the fees and expenses paid by the state exceed, or can reasonably be expected to exceed, $1,000,000 unless the attorney general first submits the proposed contract to the Legislative Advisory Commission, and waits at least 20 days to receive a possible recommendation from the commission.

 

Subd. 2.  Contingent fee contracts.  (a) Except as provided in paragraph (b), the attorney general may not contract for legal services on a contingent fee basis.

 

(b) Paragraph (a) does not apply to contracts for legal services on behalf of the Department of Human Services for Medicaid third-party liability or false claims recoveries.  Contracts for these services may not exceed two years, and are subject to the competitive proposal requirements for professional and technical services contracts provided


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in section 16C.08.  No later than January 15 of each year, the attorney general and the commissioner of human services must jointly submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over state government finance that includes a copy of the contract for legal services, and details on:

 

(1) the number of claims for recovery filed by attorneys providing services on a contingent fee basis;

 

(2) the number of recovery claims that were successful, including the amounts recovered in each successful claim; and

 

(3) the total amount of attorney fees due or paid following each successful claim.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and applies to contracts entered into on or after that date.  Subdivision 2, paragraph (b), applies to legal services for claims filed on or after August 1, 2018.

 

Sec. 17.  Minnesota Statutes 2016, section 10A.01, subdivision 35, is amended to read:

 

Subd. 35.  Public official.  "Public official" means any:

 

(1) member of the legislature;

 

(2) individual employed by the legislature as secretary of the senate, legislative auditor, director of the Legislative Budget Office, chief clerk of the house of representatives, revisor of statutes, or researcher, legislative analyst, fiscal analyst, or attorney in the Office of Senate Counsel, Research, and Fiscal Analysis, House Research, or the House Fiscal Analysis Department;

 

(3) constitutional officer in the executive branch and the officer's chief administrative deputy;

 

(4) solicitor general or deputy, assistant, or special assistant attorney general;

 

(5) commissioner, deputy commissioner, or assistant commissioner of any state department or agency as listed in section 15.01 or 15.06, or the state chief information officer;

 

(6) member, chief administrative officer, or deputy chief administrative officer of a state board or commission that has either the power to adopt, amend, or repeal rules under chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;

 

(7) individual employed in the executive branch who is authorized to adopt, amend, or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;

 

(8) executive director of the State Board of Investment;

 

(9) deputy of any official listed in clauses (7) and (8);

 

(10) judge of the Workers' Compensation Court of Appeals;

 

(11) administrative law judge or compensation judge in the State Office of Administrative Hearings or unemployment law judge in the Department of Employment and Economic Development;

 

(12) member, regional administrator, division director, general counsel, or operations manager of the Metropolitan Council;


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(13) member or chief administrator of a metropolitan agency;

 

(14) director of the Division of Alcohol and Gambling Enforcement in the Department of Public Safety;

 

(15) member or executive director of the Higher Education Facilities Authority;

 

(16) member of the board of directors or president of Enterprise Minnesota, Inc.;

 

(17) member of the board of directors or executive director of the Minnesota State High School League;

 

(18) member of the Minnesota Ballpark Authority established in section 473.755;

 

(19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;

 

(20) manager of a watershed district, or member of a watershed management organization as defined under section 103B.205, subdivision 13;

 

(21) supervisor of a soil and water conservation district;

 

(22) director of Explore Minnesota Tourism;

 

(23) citizen member of the Lessard-Sams Outdoor Heritage Council established in section 97A.056;

 

(24) citizen member of the Clean Water Council established in section 114D.30;

 

(25) member or chief executive of the Minnesota Sports Facilities Authority established in section 473J.07;

 

(26) district court judge, appeals court judge, or Supreme Court justice;

 

(27) county commissioner;

 

(28) member of the Greater Minnesota Regional Parks and Trails Commission; or

 

(29) member of the Destination Medical Center Corporation established in section 469.41.

 

EFFECTIVE DATE.  This section is effective July 1, 2018.

 

Sec. 18.  Minnesota Statutes 2016, section 10A.02, subdivision 7, is amended to read:

 

Subd. 7.  Political activity.  All members and employees of the board are subject to any provisions of law regulating political activity by state employees.  In addition, no member or employee of the board may be a candidate for, or holder of, (1) a national, state, congressional district, legislative district, county, or precinct office in a political party, or (2) an elected public office for which party designation is required by statute.  For purposes of this subdivision, "employee of the board" includes any board employee and any employee of the Office of MN.IT Services assigned to provide information technology services to the board.

 

Sec. 19.  Minnesota Statutes 2016, section 12.09, subdivision 2, is amended to read:

 

Subd. 2.  State emergency plan.  The division shall develop and maintain a comprehensive state emergency operations plan and emergency management program in accord with section 12.21, subdivision 3, clause (2) paragraph (b), and ensure that other state emergency plans that may be developed are coordinated and consistent


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with the comprehensive state emergency operations plan.  The director of the division must provide assistance to the legislative branch, the judicial branch, and the executive council in developing the plans required by sections 12.401, 12.402, and 12.403.

 

Sec. 20.  Minnesota Statutes 2016, section 12.21, subdivision 3, is amended to read:

 

Subd. 3.  Specific authority.  (a) In performing duties under this chapter and to effect its policy and purpose, the governor may:

 

(1) make, amend, and rescind the necessary orders and rules to carry out the provisions of this chapter and section 216C.15 within the limits of the authority conferred by this section, with due consideration of the plans of the federal government and without complying with sections 14.001 to 14.69, but no order or rule has the effect of law except as provided by section 12.32;

 

(2) ensure that a comprehensive emergency operations plan and emergency management program for this state are developed and maintained, and are integrated into and coordinated with the emergency plans of the federal government and of other states to the fullest possible extent;

 

(3) (2) in accordance with the emergency operations plan and the emergency management program of this state, procure supplies, equipment, and facilities; institute training programs and public information programs; and take all other preparatory steps, including the partial or full activation of emergency management organizations in advance of actual disaster to ensure the furnishing of adequately trained and equipped forces of emergency management personnel in time of need;

 

(4) (3) make studies and surveys of the industries, resources, and facilities in this state as may be necessary to ascertain the capabilities of the state for emergency management and to plan for the most efficient emergency use of those industries, resources, and facilities;

 

(5) (4) on behalf of this state, enter into mutual aid arrangements or cooperative agreements with other states, tribal authorities, and Canadian provinces, and coordinate mutual aid plans between political subdivisions of this state;

 

(6) (5) delegate administrative authority vested in the governor under this chapter, except the power to make rules, and provide for the subdelegation of that authority;

 

(7) (6) cooperate with the president and the heads of the armed forces, the Emergency Management Agency of the United States and other appropriate federal officers and agencies, and with the officers and agencies of other states in matters pertaining to the emergency management of the state and nation, including the direction or control of:

 

(i) emergency preparedness drills and exercises;

 

(ii) warnings and signals for drills or actual emergencies and the mechanical devices to be used in connection with them;

 

(iii) shutting off water mains, gas mains, electric power connections and the suspension of all other utility services;

 

(iv) the conduct of persons in the state, including entrance or exit from any stricken or threatened public place, occupancy of facilities, and the movement and cessation of movement of pedestrians, vehicular traffic, and all forms of private and public transportation during, prior, and subsequent to drills or actual emergencies;


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(v) public meetings or gatherings; and

 

(vi) the evacuation, reception, and sheltering of persons;

 

(8) (7) contribute to a political subdivision, within the limits of the appropriation for that purpose, not more than 25 percent of the cost of acquiring organizational equipment that meets standards established by the governor;

 

(9) (8) formulate and execute, with the approval of the Executive Council, plans and rules for the control of traffic in order to provide for the rapid and safe movement over public highways and streets of troops, vehicles of a military nature, and materials for national defense and war or for use in any war industry, for the conservation of critical materials, or for emergency management purposes; and coordinate the activities of the departments or agencies of the state and its political subdivisions concerned directly or indirectly with public highways and streets, in a manner that will best effectuate those plans;

 

(10) (9) alter or adjust by executive order, without complying with sections 14.01 to 14.69, the working hours, workdays and work week of, and annual and sick leave provisions and payroll laws regarding all state employees in the executive branch as the governor deems necessary to minimize the impact of the disaster or emergency, conforming the alterations or adjustments to existing state laws, rules, and collective bargaining agreements to the extent practicable;

 

(11) (10) authorize the commissioner of education to alter school schedules, curtail school activities, or order schools closed as defined in section 120A.05, subdivisions 9, 11, 13, and 17, and including charter schools under chapter 124E, and elementary schools enrolling prekindergarten pupils in district programs; and

 

(12) (11) transfer the direction, personnel, or functions of state agencies to perform or facilitate response and recovery programs.

 

(b) In performing duties under this chapter and to effect its policy and purpose, the governor must direct the Division of Emergency Management to adopt and maintain a comprehensive emergency operations plan and emergency management program for this state that is integrated into and coordinated with the emergency plans of the federal government and other states to the fullest possible extent.  The comprehensive emergency operations plan must incorporate plans for the secure, continued operation of state government in the event of a disaster or emergency, including those adopted under sections 12.401, 12.402, and 12.403.

 

Sec. 21.  [12.401] EMERGENCY OPERATIONS AND CONTINUITY PLAN; LEGISLATIVE BRANCH.

 

Subdivision 1.  Adoption of plan required.  (a) The Legislative Coordinating Commission must adopt and maintain an emergency operations and continuity of government plan to ensure the secure, continued operation of the house of representatives, senate, and joint legislative offices in the event of a disaster, emergency, or declared emergency.  In developing the plan, the commission must consult and cooperate with the state director of emergency management to ensure the plan's compatibility with the comprehensive state emergency operations plan and emergency management program.  The commission must also consult with the governor or the governor's designee, and the chief justice of the Supreme Court or the chief justice's designee, to ensure the plan's compatibility with those adopted for the judicial branch under section 12.402 and the executive council under section 12.403, to the extent practical.

 

(b) At a minimum, the commission's plan must address reasonably foreseeable effects of a disaster, emergency, or declared emergency on the ability of the legislature to perform its constitutional functions, including but not limited to the following:


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(1) identification of at least three suitable locations within the state at which the legislature could conduct operations in the event of a disaster or declared emergency that makes the State Capitol unsafe or inaccessible, with one location designated as a primary alternate location and two designated as backup alternate locations if the primary location is unsafe or inaccessible;

 

(2) plans to provide timely and secure communications regarding a disaster, emergency, or declared emergency to all affected members and personnel, including alternate methods of communication if a primary method is unavailable;

 

(3) plans to securely transport all members, designated personnel, and necessary equipment and records to an alternate location and begin legislative operations at that location in a timely manner;

 

(4) plans to ensure reasonable public notice of the legislature's operations and access to its proceedings in-person or by electronic, broadcast, or other means as the circumstances of the emergency allow;

 

(5) additional procedures, as necessary, to implement the requirements of subdivisions 2 and 3;

 

(6) procedures for the orderly return of legislative operations to the State Capitol, as soon as circumstances allow; and

 

(7) policy decisions that address any other procedures or protocols recommended for inclusion by the state director of emergency management.

 

(c) The plan must be adopted and maintained by the Legislative Coordinating Commission no later than January 30, 2019, and may be subsequently amended at any time.  At a minimum, the plan must be reviewed by the full commission and designated legislative staff no later than January 30 of each odd-numbered year.  A meeting of the commission may be closed to the public for any of these purposes.

 

(d) Copies of the plan must be filed with the governor, the secretary of state, the state director of emergency management, and at each of the alternate locations designated in the plan.  Unless otherwise directed by the Legislative Coordinating Commission, the copies of the plan must be securely maintained and may not be further disclosed to any person except as required by this chapter, or as necessary to develop and implement the plan's requirements.  To the extent data regarding the plan is held by a government entity, as defined in section 13.02, subdivision 7a, the data are security information under section 13.37.

 

Subd. 2.  Implementation of plan.  (a) The governor or the chair of the Legislative Coordinating Commission may order that the legislature's emergency operations and continuity of government plan be implemented in whole or in part, if an emergency is declared or if circumstances indicate a disaster or emergency is occurring or a declared emergency may be imminent.  If a change in location is ordered, the legislature must be directed to a location designated in the plan, or if those designated locations are unsafe or inaccessible, to any other location within or outside of the state which the governor or chair deems safe and accessible.  If implementation of the plan is ordered by the chair of the Legislative Coordinating Commission, the chair must notify the governor and the state director of emergency management as soon as practicable following implementation.

 

(b) A legislative session convened at an alternate location must be reconvened at the State Capitol as soon as practical after the capitol is secured and restored to accessibility.

 

Subd. 3.  Special session at an alternate location; legislative procedure.  (a) In the event of a declared emergency, if the legislature is not in session, the governor shall convene a special session when required by section 12.31, subdivisions 1 and 2.


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(b) If the governor fails to convene a special session after declaring a national security emergency, the chair of the Legislative Coordinating Commission shall order implementation of the legislature's emergency operations and continuity of government plan, and the legislature shall convene at the State Capitol, or alternate location designated by the plan, on the first Tuesday after the first Monday more than 30 days after the national security emergency was declared.

 

(c) At a special session convened at an alternate location due to a disaster, emergency, or declared emergency, the quorum requirement for the legislature is a majority of the members of each house who convene for the session.  If the affirmative vote of a specified proportion of members of the legislature would otherwise be required to approve a bill, resolution, or for any other action, the same proportion of the members of each house convening at the session is sufficient.  At the time the special session convenes, the legislature shall adopt temporary joint rules as necessary to ensure the orderly conduct of legislative business in the alternate location, including compliance with the requirements of the Minnesota Constitution and the rules of parliamentary practice.

 

Sec. 22.  [12.402] EMERGENCY OPERATIONS AND CONTINUITY PLAN; JUDICIAL BRANCH.

 

Subdivision 1.  Adoption of plan required.  (a) The Supreme Court must adopt and maintain an emergency operations and continuity of government plan to ensure the secure, continued operation of the judicial branch in the event of a disaster, emergency, or declared emergency.  In developing the plan, the court must consult and cooperate with the state director of emergency management to ensure the plan's compatibility with the comprehensive state emergency operations plan and emergency management program.  The court must also consult the governor or the governor's designee, and the chair of the Legislative Coordinating Commission, or the chair's designee, to ensure the plan's compatibility with those adopted for the executive council and legislative branch under sections 12.401 and 12.403, to the extent practical.

 

(b) At a minimum, the Supreme Court's plan must address reasonably foreseeable effects of a disaster, emergency, or declared emergency, on the ability of the judicial branch to perform its constitutional functions, including but not limited to the following:

 

(1) identification of at least three suitable locations within the state at which the Supreme Court, Court of Appeals, and central administrative functions of the judicial branch could operate in the event of a disaster or declared emergency that make its regular location unsafe or inaccessible, with one location designated as a primary alternate location and two designated as backup alternate locations if the primary location is unsafe or inaccessible;

 

(2) plans to provide timely and secure communications regarding a disaster, emergency, or declared emergency to all affected personnel, including alternate methods of communication if a primary method is unavailable;

 

(3) plans to securely transport affected justices, judges, designated personnel, and necessary equipment and records to an alternate location and begin judicial operations at that location in a timely manner;

 

(4) plans to ensure reasonable public notice of the judicial branch's operations and access to its proceedings and records in-person or by electronic, broadcast, or other means as the rules of the court require and the circumstances of the emergency allow;

 

(5) plans to ensure the rights and protections guaranteed by the federal and state constitutions to criminal defendants, petitioners, and civil litigants are preserved;

 

(6) procedures for the orderly return of judicial branch operations to their regular location, as soon as circumstances allow; and


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(7) policy decisions that address any other procedures or protocols recommended for inclusion by the state director of emergency management.

 

(c) The plan must be adopted and maintained by the Supreme Court no later than January 30, 2019, and may be subsequently amended at any time.  At a minimum, the plan must be reviewed by the justices and judges of the Supreme Court and Court of Appeals, and designated staff, no later than January 30 of each odd-numbered year.

 

(d) Copies of the plan must be filed with the governor, the secretary of state, the state director of emergency management, and at each of the alternate locations designated in the plan.  Unless otherwise directed by the court, the copies of the plan must be securely maintained and may not be further disclosed to any person except as required by this chapter, or as necessary to develop and implement the plan's requirements.  To the extent data regarding the plan is held by a government entity, as defined in section 13.02, subdivision 7a, the data are security information under section 13.37.

 

Subd. 2.  Implementation of plan.  (a) The governor or the chief justice may order that the judiciary's emergency operations and continuity of government plan be implemented in whole or in part, if an emergency is declared or if circumstances indicate a disaster or emergency is occurring or a declared emergency may be imminent.  If a change in location is ordered, the affected personnel must be directed to a location designated in the plan, or if those designated locations are unsafe or inaccessible, to any other location within or outside of the state which the governor or chief justice deems safe and accessible.  If implementation of the plan is ordered by the chief justice, the chief justice must notify the governor and the state director of emergency management as soon as practicable following implementation.

 

(b) A court convened at an alternate location must be reconvened at its regular location as soon as practical after the location is secured and restored to accessibility.

 

Sec. 23.  [12.403] EMERGENCY OPERATIONS AND CONTINUITY PLAN; CONSTITUTIONAL OFFICERS.

 

Subdivision 1.  Adoption of plan required.  (a) The executive council must adopt and maintain an emergency operations and continuity of government plan to ensure the secure, continued operation of each constitutional office in the event of a disaster, emergency, or declared emergency.  In developing the plan, the council must consult and cooperate with the state director of emergency management to ensure the plan's compatibility with the comprehensive state emergency operations plan and emergency management program.  The council must also consult the chair of the Legislative Coordinating Commission or the chair's designee, and the chief justice of the Supreme Court or the chief justice's designee, to ensure the plan's compatibility with those adopted for the legislative branch and judicial branch under sections 12.401 and 12.402, to the extent practical.

 

(b) At a minimum, the council's plan must address reasonably foreseeable effects of a disaster, emergency, or declared emergency, on the ability of the state constitutional officers to perform their constitutional functions, including but not limited to the following:

 

(1) identification of at least three suitable locations within the state at which the constitutional officers could conduct operations in the event of a disaster, emergency, or declared emergency that make their regular locations unsafe or inaccessible, with one location designated as a primary alternate location and two designated as backup alternate locations if the primary location is unsafe or inaccessible;

 

(2) plans to provide timely and secure communications regarding a disaster, emergency, or declared emergency to all affected constitutional officers and personnel, including alternate methods of communication if a primary method is unavailable;


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(3) plans to securely transport all constitutional officers, designated personnel, and necessary equipment and records to an alternate location and begin operations at that location in a timely manner;

 

(4) plans to ensure reasonable public notice of each constitutional officer's operations and access to the officers and records in person or by electronic, broadcast, or other means as the circumstances of the emergency allow;

 

(5) procedures for the orderly return of operations to the State Capitol, as soon as circumstances allow; and

 

(6) policy decisions that address any other procedures or protocols recommended for inclusion by the state director of emergency management.

 

(c) The plan must be adopted no later than January 30, 2019, and may be subsequently amended at any time.  At a minimum, the plan must be reviewed by the executive council and designated staff no later than January 30 of each odd-numbered year.  A meeting of the council may be closed to the public for any of these purposes.

 

(d) Copies of the plan must be filed with each constitutional officer, the state director of emergency management, and at each of the alternate locations designated in the plan.  Unless otherwise directed by the executive council, the copies of the plan are security data under section 13.37, must be securely maintained, and may not be further disclosed to any person except as required by this chapter, or as necessary to develop and implement its requirements.

 

Subd. 2.  Implementation of plan.  (a) The governor or any constitutional officer, with respect to that officer's constitutional office, may order that the executive council's emergency operations and continuity of government plan be implemented in whole or in part, if an emergency is declared or if circumstances indicate a disaster or emergency is occurring or a declared emergency may be imminent.  If a change in location is ordered, affected personnel must be directed to a location designated in the plan, or if those designated locations are unsafe or inaccessible, to any other location within or outside of the state which the governor or constitutional officer deems safe and accessible.  If implementation of the plan is ordered by a constitutional officer other than the governor, the officer must notify the governor and the state director of emergency management as soon as practicable following implementation.

 

(b) A constitutional officer's primary office must be returned to its regular location as soon as practical after that location is secured and restored to accessibility.

 

Sec. 24.  Minnesota Statutes 2016, section 13.02, is amended by adding a subdivision to read:

 

Subd. 1a.  Chief administrative law judge.  "Chief administrative law judge" means the chief administrative law judge of the state Office of Administrative Hearings.

 

Sec. 25.  Minnesota Statutes 2016, section 13.02, is amended by adding a subdivision to read:

 

Subd. 8b.  Information policy analysis unit.  "Information policy analysis unit" means the work unit within the Office of Administrative Hearings established under section 13.071.

 

Sec. 26.  [13.071] INFORMATION POLICY ANALYSIS UNIT; DATA PRACTICES COORDINATOR.

 

Subdivision 1.  Information policy analysis unit established.  An information policy analysis unit is established as a work unit within the Office of Administrative Hearings.

 

Subd. 2.  Data practices coordinator.  (a) The chief administrative law judge shall appoint a data practices coordinator in the unclassified service who shall oversee the operations of the information policy analysis unit.


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(b) The coordinator must be knowledgeable about the Minnesota Government Data Practices Act, the Minnesota Open Meeting Law, and federal laws and regulations regarding data privacy.  The coordinator must have experience in dealing with both private enterprise and governmental entities, interpreting laws and regulations, record keeping, report writing, public speaking, and management.

 

Subd. 3.  Duties.  The information policy analysis unit shall:

 

(1) informally advise and serve as a technical resource for government entities on questions related to public access to government data, rights of subjects of data, classification of data, or applicable duties under chapter 13D;

 

(2) informally advise persons regarding their rights under this chapter or chapter 13D;

 

(3) administer training on chapter 13D and the public information policy training program under section 13.073;

 

(4) issue advisory opinions pursuant to section 13.072;

 

(5) operate in a manner that effectively screens the work of the information policy analysis unit from any administrative law judges assigned to a contested case pursuant to section 13.085; and

 

(6) perform other duties as directed by the chief administrative law judge.

 

Subd. 4.  Effect of informal advice.  Informal advice or trainings offered by the information policy analysis unit is not binding on a government entity or members of a body subject to chapter 13D, does not constitute legal advice or an advisory opinion under section 13.072, and has no effect on liability, fines, or fee awards arising from a violation of this chapter or chapter 13D.  This section does not preclude a person from, in addition to or instead of requesting advice from the information policy analysis unit, seeking an advisory opinion under section 13.072, or bringing any other action under this chapter or other law.

 

Subd. 5.  Data submitted to information policy analysis unit.  A government entity may submit not public data to the information policy analysis unit for the purpose of requesting advice.  Government data submitted to the information policy analysis unit by a government entity or copies of government data submitted by other persons have the same classification as the data have when held by the government entity.

 

Sec. 27.  Minnesota Statutes 2016, section 13.072, is amended to read:

 

13.072 ADVISORY OPINIONS BY THE COMMISSIONER INFORMATION POLICY ANALYSIS UNIT.

 

Subdivision 1.  Advisory opinion; when required.  (a) Upon request of a government entity, the commissioner may information policy analysis unit shall give a written advisory opinion on any question relating to public access to government data, rights of subjects of data, or classification of data under this chapter or other Minnesota statutes governing government data practices.  Upon request of any person who disagrees with a determination regarding data practices made by a government entity, the commissioner may information policy analysis unit shall give a written advisory opinion regarding the person's rights as a subject of government data or right to have access to government data.

 

(b) Upon request of a body subject to chapter 13D, the commissioner may information policy analysis unit shall give a written advisory opinion on any question relating to the body's duties under chapter 13D.  Upon request of a person who disagrees with the manner in which members of a governing body perform their duties under chapter 13D, the commissioner may information policy analysis unit shall give a written advisory opinion on compliance with chapter 13D.  A governing body or person requesting an opinion under this paragraph must pay the commissioner a fee of $200.  Money received by the commissioner under this paragraph is appropriated to the commissioner for the purposes of this section.


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(c) If the commissioner determines that no opinion will be issued, the commissioner shall give the government entity or body subject to chapter 13D or person requesting the opinion notice of the decision not to issue the opinion within five business days of receipt of the request.  If this notice is not given, the commissioner The information policy analysis unit shall issue an advisory opinion within 20 days of receipt of the request.

 

(d) For good cause and upon written notice to the person requesting the advisory opinion, the commissioner chief administrative law judge may extend this deadline for one additional 30-day period.  The notice must state the reason for extending the deadline.  The government entity or the members of a body subject to chapter 13D must be provided a reasonable opportunity to explain the reasons for its decision regarding the data or how they perform their duties under chapter 13D.  The commissioner information policy analysis unit or the government entity or body subject to chapter 13D may choose to give notice to the subject of the data concerning the dispute regarding the data or compliance with chapter 13D.

 

(e) This section does not apply to a determination made by the commissioner of health under section 13.3805, subdivision 1, paragraph (b), or 144.6581.

 

(f) A written, numbered, and published opinion issued by the attorney general shall take precedence over an advisory opinion issued by the commissioner information policy analysis unit under this section.

 

(g) A decision of the Office of Administrative Hearings issued under section 13.085 shall take precedence over an advisory opinion issued by the information policy analysis unit under this section.

 

Subd. 2.  Effect.  (a) Advisory opinions issued by the commissioner information policy analysis unit under this section are not binding on the government entity or members of a body subject to chapter 13D whose data or performance of duties is the subject of the advisory opinion, but an advisory opinion described in subdivision 1, paragraph (a), must be given deference by a court or other tribunal in a proceeding involving the data.  The commissioner information policy analysis unit shall arrange for public dissemination of advisory opinions issued under this section, and shall indicate when the principles stated in an advisory opinion are not intended to provide guidance to all similarly situated persons or government entities.  This section does not preclude a person from bringing any other action under this chapter or other law in addition to or instead of requesting a written advisory opinion.  A government entity, members of a body subject to chapter 13D, or person that acts in conformity with a written advisory opinion of the commissioner information policy analysis unit issued to the government entity, members, or person or to another party is not liable for compensatory or exemplary damages or awards of attorneys fees in actions for violations arising under section 13.08 or 13.085, or for a penalty under section 13.09 or for fines, awards of attorney fees, or any other penalty under chapter 13D.  A member of a body subject to chapter 13D is not subject to forfeiture of office if the member was acting in reliance on an advisory opinion.

 

(b) The information policy analysis unit shall publish and maintain all previously issued written opinions of the commissioner of administration in the same manner as advisory opinions issued by the information policy analysis unit.  A previously issued written opinion by the commissioner of administration has the same effect as an advisory opinion issued by the information policy analysis unit.

 

Subd. 4.  Data submitted to commissioner information policy analysis unit.  A government entity may submit not public data to the commissioner information policy analysis unit for the purpose of requesting or responding to a person's request for an advisory opinion.  Government data submitted to the commissioner information policy analysis unit by a government entity or copies of government data submitted by other persons have the same classification as the data have when held by the government entity.  If the nature of the advisory opinion is such that the release of the advisory opinion would reveal not public data, the commissioner information policy analysis unit may issue an advisory opinion using pseudonyms for individuals.  Data maintained by the commissioner information policy analysis unit, in the record of an advisory opinion issued using pseudonyms that would reveal the identities of individuals protected by the use of the pseudonyms, are private data on individuals.


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Sec. 28.  Minnesota Statutes 2016, section 13.08, subdivision 4, is amended to read:

 

Subd. 4.  Action to compel compliance.  (a) Actions to compel compliance may be brought either under this subdivision or section 13.085.  For actions under this subdivision, in addition to the remedies provided in subdivisions 1 to 3 or any other law, any aggrieved person seeking to enforce the person's rights under this chapter or obtain access to data may bring an action in district court to compel compliance with this chapter and may recover costs and disbursements, including reasonable attorney's fees, as determined by the court.  If the court determines that an action brought under this subdivision is frivolous and without merit and a basis in fact, it may award reasonable costs and attorney fees to the responsible authority.  If the court issues an order to compel compliance under this subdivision, the court may impose a civil penalty of up to $1,000 against the government entity.  This penalty is payable to the state general fund and is in addition to damages under subdivision 1.  The matter shall be heard as soon as possible.  In an action involving a request for government data under section 13.03 or 13.04, the court may inspect in camera the government data in dispute, but shall conduct its hearing in public and in a manner that protects the security of data classified as not public.  If the court issues an order to compel compliance under this subdivision, the court shall forward a copy of the order to the commissioner of administration chief administrative law judge.

 

(b) In determining whether to assess a civil penalty under this subdivision, the court or other tribunal shall consider whether the government entity has substantially complied with general data practices under this chapter, including but not limited to, whether the government entity has:

 

(1) designated a responsible authority under section 13.02, subdivision 16;

 

(2) designated a data practices compliance official under section 13.05, subdivision 13;

 

(3) prepared the data inventory that names the responsible authority and describes the records and data on individuals that are maintained by the government entity under section 13.025, subdivision 1;

 

(4) developed public access procedures under section 13.03, subdivision 2; procedures to guarantee the rights of data subjects under section 13.025, subdivision 3; and procedures to ensure that data on individuals are accurate and complete and to safeguard the data's security under section 13.05, subdivision 5;

 

(5) acted in conformity with an advisory opinion issued under section 13.072 that was sought by a government entity or another person;

 

(6) acted in conformity with a decision of the Office of Administrative Hearings issued under section 13.085; or

 

(6) (7) provided ongoing training to government entity personnel who respond to requests under this chapter.

 

(c) The court shall award reasonable attorney fees to a prevailing plaintiff who has brought an action under this subdivision if the government entity that is the defendant in the action was also the subject of a written an advisory opinion issued under section 13.072 or a decision of the Office of Administrative Hearings issued under section 13.085 and the court finds that the opinion or decision is directly related to the cause of action being litigated and that the government entity did not act in conformity with the opinion or decision.

 

Sec. 29.  Minnesota Statutes 2016, section 13.085, subdivision 2, is amended to read:

 

Subd. 2.  Complaints.  (a) A complaint alleging a violation of this chapter or chapter 13D for which an order to compel compliance is requested may be filed with the office.  An action to compel compliance does not include procedures pursuant to section 13.04, subdivision 4 or 4a.


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(b) The complaint must be filed with the office within two years after the occurrence of the act or failure to act that is the subject of the complaint, except that if the act or failure to act involves concealment or misrepresentation by the government entity that could not be discovered during that period, the complaint may be filed with the office within one year after the concealment or misrepresentation is discovered.

 

(c) The complaint must be made in writing, submitted under oath, and detail the factual basis for the claim that a violation of law has occurred.  The office may prescribe a standard form for the complaint.  The complaint must be accompanied by a filing fee of $1,000 $250 or a bond to guarantee the payment of this fee.

 

(d) Upon receipt of a filed complaint, the office must immediately notify the respondent and, if known, the applicable responsible authority for the government entity, if the responsible authority is not otherwise named as the respondent.  The office must provide the respondent with a copy of the complaint by the most expeditious means available.  Notice to a responsible authority must be delivered by certified mail.  The office must also notify, to the extent practicable, any individual or entity that is the subject of all or part of the data in dispute.

 

(e) The office must notify the commissioner of administration of an action filed under this section.  Proceedings under this section must be dismissed without prejudice as untimely and the complainant's filing fee must be refunded if a request for an advisory opinion from the commissioner was accepted on the matter under section 13.072 before the complaint was filed, and the complainant's filing fee must be refunded advisory opinion has not yet been issued.

 

(f) The respondent must file a response to the complaint within 15 business days of receipt of the notice.  For good cause shown, the office may extend the time for filing a response.

 

Sec. 30.  Minnesota Statutes 2016, section 13.085, subdivision 3, is amended to read:

 

Subd. 3.  Probable cause review.  (a) In conformity with the Minnesota Code of Judicial Conduct, the chief administrative law judge must assign an administrative law judge to review each complaint.  The chief administrative law judge must ensure that any assigned administrative law judge is screened from any involvement with any informal advice provided under section 13.071 or with an advisory opinion issued under section 13.072 that involves the parties to the complaint.  Within 20 business days after a response is filed, or the respondent's time to file the response, including any extension, has expired, the administrative law judge must make a preliminary determination for its disposition as follows:

 

(1) if the administrative law judge determines that the complaint and any timely response of the respondent agency do not present sufficient facts to believe that a violation of this chapter has occurred, the complaint must be dismissed; or

 

(2) if the administrative law judge determines that the complaint and any timely response of the respondent agency do present sufficient facts to believe that a violation of this chapter has occurred, the judge must schedule a hearing as provided in subdivision 4.

 

(b) The office must notify all parties of the determination made under paragraph (a).  The notice must provide as follows:

 

(1) if the complaint is scheduled for a hearing, the notice must identify the time and place of the hearing and inform all parties that they may submit evidence, affidavits, documentation, and argument for consideration by the administrative law judge; or


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(2) if the complaint is dismissed for failure to present sufficient facts to believe that a violation of this chapter has occurred, the notice must inform the parties of the right of the complainant to seek reconsideration of the decision on the record by the chief administrative law judge, as provided in paragraph (c).

 

(c) A petition for reconsideration may be filed no later than five business days after a complaint is dismissed for failure to present sufficient facts to believe that a violation of this chapter has occurred.  The chief administrative law judge must review the petition and make a final ruling within ten business days after its receipt.  If the chief administrative law judge determines that the assigned administrative law judge made a clear material error, the chief administrative law judge must schedule the matter for a hearing as provided in subdivision 4.

 

Sec. 31.  Minnesota Statutes 2016, section 13.085, subdivision 4, is amended to read:

 

Subd. 4.  Hearing; procedure.  (a) A hearing on a complaint must be held within 30 business days after the parties are notified that a hearing will be held.  An oral hearing to resolve questions of law may be waived upon consent of all parties and the presiding assigned administrative law judge.  For good cause shown, the judge may delay the date of a hearing by no more than ten business days.  The judge may continue a hearing to enable the parties to submit additional evidence or testimony.

 

(b) The administrative law judge must consider any evidence and argument submitted until the hearing record is closed, including affidavits and documentation.

 

(c) All hearings, and any records relating to the hearing, must be open to the public, except that the judge may inspect in camera any government data in dispute.  If the hearing record contains information that is not public data, the judge may conduct a closed hearing to consider the information, issue necessary protective orders, and seal all or part of the hearing record, as provided in section 14.60, subdivision 2.  If a party contends, and the judge concludes, that not public data could be improperly disclosed while that party is presenting its arguments, the judge shall close any portion of the hearing as necessary to prevent the disclosure.  A hearing may be conducted by conference telephone call or interactive audio/video system, at the discretion of the presiding assigned judge, and upon consent of all parties.

 

Sec. 32.  Minnesota Statutes 2016, section 13.085, subdivision 5, is amended to read:

 

Subd. 5.  Disposition.  (a) Following a hearing, the judge must determine whether the violation alleged in the complaint occurred and must make at least one of the following dispositions.  The judge may:

 

(1) dismiss the complaint;

 

(2) find that an act or failure to act constituted a violation of this chapter;

 

(3) impose a civil penalty against the respondent of up to $300;

 

(4) issue an order compelling the respondent to comply with a provision of law that has been violated, and may establish a deadline for production of data, if necessary; and

 

(5) refer the complaint to the appropriate prosecuting authority for consideration of criminal charges.

 

(b) In determining whether to assess a civil penalty, the office shall consider the factors described in section 13.08, subdivision 4.


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(c) The judge must render a decision on a complaint within ten business days after the hearing record closes.  The chief administrative law judge shall provide for public dissemination of orders issued under this section.  If the judge determines that a government entity has violated a provision of law and issues an order to compel compliance, the office shall forward a copy of the order to the commissioner of administration.  Any order issued pursuant to this section is enforceable through the district court for the district in which the respondent is located.

 

(d) A party aggrieved by a final decision on a complaint filed under this section is entitled to judicial review as provided in sections 14.63 to 14.69.  Proceedings on a complaint are not a contested case within the meaning of chapter 14 and are not otherwise governed by chapter 14.

 

(e) A decision of the office under this section is not controlling in any subsequent action brought in district court alleging the same violation and seeking damages.