Text of MN HF 5216 (2024)

1.1 A bill for an act​ 1.2 relating to public safety; providing for funding and related policy changes to the​ 1.3 Department of Public Safety, Department of Corrections, and the Clemency Review​ 1.4 Commission; appropriating money; amending Minnesota Statutes 2022, sections​ 1.5 299A.73, subdivision 4; 609.02, by adding a subdivision; Minnesota Statutes 2023​ 1.6 Supplement, sections 244.41, subdivisions 6, 14, by adding a subdivision; 244.46,​ 1.7 subdivisions 1, 2; 299A.49, subdivisions 8, 9; 401.10, subdivision 1; 609A.06,​ 1.8 subdivision 2; 638.09, subdivision 5; Laws 2023, chapter 52, article 2, sections 3,​ 1.9 subdivision 5; 6, subdivisions 1, 4; article 8, section 20, subdivision 3; Laws 2023,​ 1.10 chapter 63, article 5, section 5.​ 1.11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​ 1.12 ARTICLE 1​ 1.13 APPROPRIATIONS​ 1.14 Section 1. APPROPRIATIONS.​ 1.15 The sums shown in the columns marked "Appropriations" are added to or, if shown in​ 1.16 parentheses, subtracted from the appropriations in Laws 2023, chapter 52, article 2, to the​ 1.17 agencies and for the purposes specified in this article. The appropriations are from the​ 1.18 general fund, or another named fund, and are available for the fiscal years indicated for​ 1.19 each purpose. The figures "2024" and "2025" used in this article mean that the addition to​ 1.20 or subtraction from the appropriation listed under them is available for the fiscal year ending​ 1.21 June 30, 2024, or June 30, 2025, respectively. "The first year" is fiscal year 2024. "The​ 1.22 second year" is fiscal year 2025. Supplemental appropriations and reductions to​ 1.23 appropriations for the fiscal year ending June 30, 2024, are effective the day following final​ 1.24 enactment.​ 1.25 APPROPRIATIONS​ 1.26 Available for the Year​ 1​ Article 1 Section 1.​ REVISOR KLL/NH 24-07978​ 03/26/24 ​ State of Minnesota​ This Document can be made available​ in alternative formats upon request​ HOUSE OF REPRESENTATIVES​ H. F. No. 5216​ NINETY-THIRD SESSION​ Authored by Moller​ 04/02/2024​ The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy​ 2.1 Ending June 30​ 2025​ 2.2 2024​ 2.3 Sec. 2. PUBLIC SAFETY​ 10,000,000​ $​ -0-​ $​ 2.4 Subdivision 1. Total​ 2.5 Appropriation​ 2.6 The amounts that may be spent for each​ 2.7 purpose are specified in the following​ 2.8 subdivisions.​ 10,000,000​ -0-​ 2.9 Subd. 2. Crime Victim Services​ 2.10 For grants for direct services and advocacy​ 2.11 for crime victims. Up to five percent of the​ 2.12 appropriation is available for grant​ 2.13 administration. This is a onetime​ 2.14 appropriation.​ 2.15 Sec. 3. CORRECTIONS​ 2,000,000​ $​ 5,900,000​ $​ 2.16 Subdivision 1. Total​ 2.17 Appropriation​ 2.18 The amounts that may be spent for each​ 2.19 purpose are specified in the following​ 2.20 subdivisions.​ 2,000,000​ 5,900,000​ 2.21 Subd. 2. Facility Operation​ 2.22 For the operation of correctional facilities. The​ 2.23 base for this appropriation is $7,110,000​ 2.24 beginning in fiscal year 2026.​ 986,000​ $​ -0-​ $​ 2.25 Sec. 4. CLEMENCY REVIEW COMMISSION​ 2.26 Of this amount, $200,000 in the second year​ 2.27 is for grants to support outreach and clemency​ 2.28 application assistance.​ 2.29 Sec. 5. Laws 2023, chapter 52, article 2, section 3, subdivision 5, is amended to read:​ 17,272,000​ 17,013,000​ 2.30 Subd. 5. Fire Marshal​ 2.31 Appropriations by Fund​ 4,190,000​ 4,184,000​ 2.32 General​ 13,082,000​ 12,829,000​ 2.33 Special Revenue​ 2​ Article 1 Sec. 5.​ REVISOR KLL/NH 24-07978​ 03/26/24 ​ 3.1 The special revenue fund appropriation is from​ 3.2 the fire safety account in the special revenue​ 3.3 fund and is for activities under Minnesota​ 3.4 Statutes, section 299F.012. The base​ 3.5 appropriation for this account is $13,182,000​ 3.6 in fiscal year 2026 and $13,082,000 in fiscal​ 3.7 year 2027.​ 3.8 (a) Hazardous Materials and Emergency​ 3.9 Response Teams​ 3.10 $1,695,000 the first year and $1,595,000 the​ 3.11 second year are from the fire safety account​ 3.12 for hazardous materials and emergency​ 3.13 response teams. The base for these purposes​ 3.14 is $1,695,000 in the first year of future biennia​ 3.15 and $1,595,000 in the second year of future​ 3.16 biennia.​ 3.17 (b) Bomb Squad Reimbursements​ 3.18 $250,000 from the fire safety account and​ 3.19 $50,000 from the general fund each year are​ 3.20 for reimbursements to local governments for​ 3.21 bomb squad services.​ 3.22 (c) Nonresponsible Party Reimbursements​ 3.23 $750,000 each year from the fire safety​ 3.24 account is for nonresponsible party hazardous​ 3.25 material, Urban Search and Rescue, Minnesota​ 3.26 Air Rescue Team, and bomb squad incident​ 3.27 reimbursements. Money appropriated for this​ 3.28 purpose is available for one year.​ 3.29 (d) Hometown Heroes Assistance Program​ 3.30 $4,000,000 each year from the general fund​ 3.31 is for grants to the Minnesota Firefighter​ 3.32 Initiative to fund the hometown heroes​ 3​ Article 1 Sec. 5.​ REVISOR KLL/NH 24-07978​ 03/26/24 ​ 4.1 assistance program established in Minnesota​ 4.2 Statutes, section 299A.477.​ 4.3 EFFECTIVE DATE. This section is effective the day following final enactment.​ 4.4 Sec. 6. Laws 2023, chapter 52, article 2, section 6, subdivision 1, is amended to read:​ 826,661,000​ 825,675,000​ $​ 797,937,000​ $​ 12,643,000​ $​ 4.5 Subdivision 1. Total​ 4.6 Appropriation​ 4.7 The amounts that may be spent for each​ 4.8 purpose are specified in the following​ 4.9 subdivisions.​ 4.10 Sec. 7. Laws 2023, chapter 52, article 2, section 6, subdivision 4, is amended to read:​ 74,287,000​ 73,301,000​ 73,586,000​ 4.11 Subd. 4. Organizational, Regulatory, and​ 4.12 Administrative Services​ 4.13 (a) Public Safety Data Infrastructure​ 4.14 $22,914,000 the first year and $22,915,000​ 4.15 the second year are for technology​ 4.16 modernization and the development of an​ 4.17 information-sharing and data-technology​ 4.18 infrastructure. The base for this purpose is​ 4.19 $4,097,000 beginning in fiscal year 2026. Any​ 4.20 unspent funds from the current biennium do​ 4.21 not cancel and are available in the next​ 4.22 biennium.​ 4.23 (b) Supervised Release Board​ 4.24 $40,000 each year is to establish and operate​ 4.25 the supervised release board pursuant to​ 4.26 Minnesota Statutes, section 244.049.​ 4.27 (c) Recruitment and Retention​ 4.28 $3,200,000 the first year and $400,000 the​ 4.29 second year are for recruitment and retention​ 4.30 initiatives. Of this amount, $2,800,000 the first​ 4.31 year is for staff recruitment, professional​ 4.32 development, conflict resolution, and staff​ 4​ Article 1 Sec. 7.​ REVISOR KLL/NH 24-07978​ 03/26/24 ​ 5.1 wellness, and to contract with community​ 5.2 collaborative partners who specialize in trauma​ 5.3 recovery.​ 5.4 (d) Clemency Review Commission​ 5.5 $986,000 each year in the first year is for the​ 5.6 clemency review commission described in​ 5.7 Minnesota Statutes, section 638.09. Of this​ 5.8 amount, $200,000 each year is for grants to​ 5.9 support outreach and clemency application​ 5.10 assistance. Any unencumbered balance​ 5.11 remaining in the first year does not cancel, but​ 5.12 must be transferred to the Clemency Review​ 5.13 Commission by July 1, 2024. Funds​ 5.14 transferred under this paragraph are available​ 5.15 until June 30, 2025.​ 5.16 (e) Accountability and Transparency​ 5.17 $1,000,000 each year is for accountability and​ 5.18 transparency initiatives. The base for this​ 5.19 appropriation is $1,480,000 beginning in fiscal​ 5.20 year 2026.​ 5.21 (f) Organizational, Regulatory, and​ 5.22 Administrative Services Base Budget​ 5.23 The base for organizational, regulatory, and​ 5.24 administrative services is $55,849,000​ 5.25 $54,863,000 in fiscal year 2026 and​ 5.26 $55,649,000 $54,663,000 in fiscal year 2027.​ 5​ Article 1 Sec. 7.​ REVISOR KLL/NH 24-07978​ 03/26/24 ​ 6.1 ARTICLE 2​ 6.2 PUBLIC SAFETY​ 6.3 Section 1. Minnesota Statutes 2023 Supplement, section 299A.49, subdivision 8, is​ 6.4 amended to read:​ 6.5 Subd. 8. State emergency response asset. "State emergency response asset" means any​ 6.6 team or teams defined under this section and that has entered into a contractual agreement​ 6.7 with the State Fire Marshal Division.​ 6.8 EFFECTIVE DATE. This section is effective the day following final enactment.​ 6.9 Sec. 2. Minnesota Statutes 2023 Supplement, section 299A.49, subdivision 9, is amended​ 6.10 to read:​ 6.11 Subd. 9. Urban search and rescue team (USAR) (US&R). "Urban search and rescue​ 6.12 team" or "USAR" "US&R" means a team trained and equipped to respond to and carry out​ 6.13 rescue and recovery operations at the scene of a collapsed structure. A USAR team may​ 6.14 include strategically located fire department assets combined under one joint powers​ 6.15 agreement multihazard discipline that involves the location, extrication, and initial medical​ 6.16 stabilization of victims trapped or missing because of a man-made or natural disaster.​ 6.17 EFFECTIVE DATE. This section is effective the day following final enactment.​ 6.18 Sec. 3. Minnesota Statutes 2022, section 299A.73, subdivision 4, is amended to read:​ 6.19 Subd. 4. Administrative costs. The commissioner may use up to two ten percent of the​ 6.20 biennial appropriation for grants-in-aid to the youth intervention program to pay costs​ 6.21 incurred by the department in administering the youth intervention program.​ 6.22 EFFECTIVE DATE. This section is effective the day following final enactment.​ 6.23 ARTICLE 3​ 6.24 CORRECTIONS​ 6.25 Section 1. Minnesota Statutes 2023 Supplement, section 244.41, is amended by adding a​ 6.26 subdivision to read:​ 6.27 Subd. 3a. Conditional release. As used in sections 244.40 to 244.51, "conditional​ 6.28 release" has the meaning given in section 609.02, subdivision 18.​ 6​ Article 3 Section 1.​ REVISOR KLL/NH 24-07978​ 03/26/24 ​ 7.1 Sec. 2. Minnesota Statutes 2023 Supplement, section 244.41, subdivision 6, is amended​ 7.2 to read:​ 7.3 Subd. 6. Earned compliance credit. "Earned compliance credit" means a one-month​ 7.4 reduction from the period during active supervision of the supervised release term for every​ 7.5 two months that a supervised individual exhibits compliance with the conditions and goals​ 7.6 of the individual's supervision plan. Earned compliance credit also applies to a conditional​ 7.7 release term.​ 7.8 Sec. 3. Minnesota Statutes 2023 Supplement, section 244.41, subdivision 14, is amended​ 7.9 to read:​ 7.10 Subd. 14. Supervision abatement status. "Supervision abatement status" means an end​ 7.11 to active correctional supervision of a supervised individual without effect on the legal​ 7.12 expiration date of the individual's executed sentence less any earned incentive release credit​ 7.13 or the expiration date of a conditional release term.​ 7.14 Sec. 4. Minnesota Statutes 2023 Supplement, section 244.46, subdivision 1, is amended​ 7.15 to read:​ 7.16 Subdivision 1. Adopting policy for earned compliance credit; supervision abatement​ 7.17 status. (a) The commissioner must adopt a policy providing for earned compliance credit.​ 7.18 (b) Except as otherwise provided in the act, once the time served on active supervision​ 7.19 plus earned compliance credits equals the total length of the supervised release term, the​ 7.20 commissioner must place the individual on supervision abatement status for the remainder​ 7.21 of the supervised release term and, if applicable, the conditional release term.​ 7.22 Sec. 5. Minnesota Statutes 2023 Supplement, section 244.46, subdivision 2, is amended​ 7.23 to read:​ 7.24 Subd. 2. Violating conditions of release; commissioner action. If an individual violates​ 7.25 the conditions of release while on supervision abatement status, the commissioner may:​ 7.26 (1) return the individual to active supervision for the remainder of the supervised release​ 7.27 or conditional release term, with or without modifying the conditions of release; or​ 7.28 (2) revoke the individual's supervised release or conditional release in accordance with​ 7.29 section 244.05, subdivision 3.​ 7​ Article 3 Sec. 5.​ REVISOR KLL/NH 24-07978​ 03/26/24 ​ 8.1 Sec. 6. Minnesota Statutes 2023 Supplement, section 401.10, subdivision 1, is amended​ 8.2 to read:​ 8.3 Subdivision 1. Community supervision funding formula. (a) Beginning July 1, 2023,​ 8.4 the community supervision subsidy paid to each county, the commissioner for supervision​ 8.5 of non-CCA jurisdictions served by the Department of Corrections, and each applicable​ 8.6 Tribal Nation under paragraph (e) equals the sum of:​ 8.7 (1) a base funding amount equal to $150,000; and​ 8.8 (2) a community supervision formula equal to the sum of:​ 8.9 (i) for each individual with a felony sentence, a felony per diem rate of $5.62 multiplied​ 8.10 by the sum of the county's or Tribal Nation's adult felony population, adult supervised​ 8.11 release and parole populations, and juvenile supervised release and parole populations as​ 8.12 reported in the most recent probation survey published by the commissioner, multiplied by​ 8.13 365; and​ 8.14 (ii) for each individual sentenced for a gross misdemeanor or misdemeanor or under​ 8.15 juvenile probation, the felony per diem rate of $5.62 multiplied by 0.5 and then multiplied​ 8.16 by the sum of the county's or Tribal Nation's gross misdemeanor, misdemeanor, and juvenile​ 8.17 populations as reported in the most recent probation survey published by the commissioner,​ 8.18 multiplied by 365.​ 8.19 (b) For a non-CCA jurisdiction under section 244.19, subdivision 1b, paragraph (b) or​ 8.20 (c), the base funding amount must be shared equally between the jurisdiction and the​ 8.21 commissioner for the provision of felony supervision under section 244.20.​ 8.22 (c) If in any year the total amount appropriated for the purpose of this section is more​ 8.23 than or less than the total of base funding plus community supervision formula funding for​ 8.24 all counties and applicable Tribal Nations, the sum of each county's and applicable Tribal​ 8.25 Nation's base funding plus community supervision formula funding is adjusted by the ratio​ 8.26 of amounts appropriated for this purpose divided by the total of base funding plus community​ 8.27 supervision formula funding for all counties and applicable Tribal Nations.​ 8.28 (d) If in any year the base funding plus the community supervision formula amount​ 8.29 based on what was appropriated in fiscal year 2024 is less than the funding paid to the​ 8.30 county in fiscal year 2023, the difference is added to the community supervision formula​ 8.31 amount for that county. A county is not eligible for additional funding under this paragraph​ 8.32 unless the base funding plus community supervision formula results in an increase in funding​ 8​ Article 3 Sec. 6.​ REVISOR KLL/NH 24-07978​ 03/26/24 ​ 9.1 for the county based on what was appropriated in the previous fiscal year. This paragraph​ 9.2 expires June 30, 2029.​ 9.3 (e) For each Tribal Nation, a funding amount of $250,000 is allotted annually to purchase​ 9.4 probation services or probation-related services, including contracted services, but a Tribal​ 9.5 Nation that becomes a CCA jurisdiction or a non-CCA jurisdiction under section 244.19,​ 9.6 subdivision 1b, paragraph (b) or (c), is an applicable Tribal Nation under paragraphs (a) to​ 9.7 (c) and:​ 9.8 (1) has the Tribal Nation's funding amount of $250,000 transferred to the total community​ 9.9 supervision subsidy amount appropriated for the purposes of this section; and​ 9.10 (2) is allotted a base funding amount equal to $150,000 plus an amount as determined​ 9.11 according to the community supervision formula under paragraph (a), clause (2).​ 9.12 (f) Minnesota Rehabilitation and Reinvestment Act savings under section 244.50,​ 9.13 subdivision (4), clause (2), are appropriated to each CCA jurisdiction and non-CCA​ 9.14 jurisdiction served by the Department of Corrections by dividing the three-year average of​ 9.15 the number of individuals on supervised release and intensive supervised release within the​ 9.16 jurisdiction by the three-year average of the total number of individuals under supervised​ 9.17 release and intensive supervised release statewide, using the numbers reported annually in​ 9.18 the Probation Survey report.​ 9.19 Sec. 7. Minnesota Statutes 2022, section 609.02, is amended by adding a subdivision to​ 9.20 read:​ 9.21 Subd. 18. Conditional release. "Conditional release" means a court-ordered mandatory​ 9.22 term of community supervision as prescribed by sections 169A.276, subdivision 1, paragraph​ 9.23 (d) (first-degree DWI); 609.3455, subdivisions 6 and 7 (criminal sexual conduct); 243.166,​ 9.24 subdivision 5a (violating predatory offender registration requirements); 609.2231, subdivision​ 9.25 3a, paragraph (d) (assault on secure treatment facility staff); 617.246, subdivision 7 (use of​ 9.26 minors in sexual performances); and 617.247, subdivision 9 (possession of child​ 9.27 pornography). Conditional release is in addition to any applicable supervised release term.​ 9.28 Sec. 8. Minnesota Statutes 2023 Supplement, section 609A.06, subdivision 2, is amended​ 9.29 to read:​ 9.30 Subd. 2. Executive director. (a) The governor must appoint the initial executive director​ 9.31 of the Cannabis Expungement Board. The executive director must be knowledgeable about​ 9.32 expungement law and criminal justice. The executive director serves at the pleasure of the​ 9​ Article 3 Sec. 8.​ REVISOR KLL/NH 24-07978​ 03/26/24 ​ 10.1 board in the unclassified service as an executive branch employee. Any vacancy shall be​ 10.2 filled by the board.​ 10.3 (b) The executive director's salary is set in accordance with section 15A.0815, subdivision​ 10.4 3.​ 10.5 (c) (b) The executive director may obtain office space and supplies and hire administrative​ 10.6 staff necessary to carry out the board's official functions, including providing administrative​ 10.7 support to the board and attending board meetings. Any additional staff serve in the classified​ 10.8 service.​ 10.9 (d) (c) At the direction of the board, the executive director may enter into interagency​ 10.10 agreements with the Department of Corrections or any other agency to obtain material and​ 10.11 personnel support necessary to carry out the board's mandates, policies, activities, and​ 10.12 objectives.​ 10.13 Sec. 9. Minnesota Statutes 2023 Supplement, section 638.09, subdivision 5, is amended​ 10.14 to read:​ 10.15 Subd. 5. Executive director. (a) The board must appoint a commission executive director​ 10.16 knowledgeable about clemency and criminal justice. The executive director serves at the​ 10.17 pleasure of the board in the unclassified service as an executive branch employee.​ 10.18 (b) The executive director's salary is set in accordance with section 15A.0815, subdivision​ 10.19 3.​ 10.20 (c) (b) The executive director may obtain office space and supplies and hire administrative​ 10.21 staff necessary to carry out the commission's official functions, including providing​ 10.22 administrative support to the board and attending board meetings. Any additional staff serve​ 10.23 in the unclassified service at the pleasure of the executive director.​ 10.24 Sec. 10. Laws 2023, chapter 52, article 8, section 20, subdivision 3, is amended to read:​ 10.25 Subd. 3. Department administrative assistance. Beginning August 1, 2023, through​ 10.26 February 29, 2024 June 30, 2024, the Department of Corrections must provide the Clemency​ 10.27 Review Commission with administrative assistance, technical assistance, office space, and​ 10.28 other assistance necessary for the commission to carry out its duties under sections 4 to 20.​ 10.29 EFFECTIVE DATE. This section is effective retroactively from February 28, 2024.​ 10​ Article 3 Sec. 10.​ REVISOR KLL/NH 24-07978​ 03/26/24 ​ 11.1 Sec. 11. Laws 2023, chapter 63, article 5, section 5, is amended to read:​ 11.2 Sec. 5. TRANSITION PERIOD.​ 11.3 Beginning August 1, 2023, through March 1, 2024 August 1, 2024, the Department of​ 11.4 Corrections must provide the Cannabis Expungement Board with administrative assistance,​ 11.5 technical assistance, office space, and other assistance necessary for the board to carry out​ 11.6 its duties under Minnesota Statutes, section 609A.06. The Cannabis Expungement Board​ 11.7 shall reimburse the Department of Corrections for the services and space provided.​ 11.8 EFFECTIVE DATE. This section is effective retroactively from February 28, 2024.​ 11​ Article 3 Sec. 11.​ REVISOR KLL/NH 24-07978​ 03/26/24 ​

1.1 A bill for an act​ 1.2 relating to state government; providing policy for crime victims, law enforcement,​ 1.3 criminal justice, corrections, public safety, crime, predatory offenders, restorative​ 1.4 practices restitution program, Clemency Review Commission, protective orders,​ 1.5 judicial data privacy, judiciary, public defense, civil law, contracts for deed, and​ 1.6 state government data; providing for the Uniform Public Expression Protection​ 1.7 Act; establishing the State Board of Civil Legal Aid; authorizing Anoka County​ 1.8 to build jail and criminal justice center; providing for grants; providing for working​ 1.9 groups and task forces; providing criminal penalties; providing for reports;​ 1.10 appropriating money for judiciary, public safety, and corrections; amending​ 1.11 Minnesota Statutes 2022, sections 5B.02; 5B.03, subdivision 3; 5B.04; 5B.05;​ 1.12 13.045, subdivision 3; 13.84, subdivision 6; 14.05, subdivision 7; 14.08; 14.16,​ 1.13 subdivision 3; 14.26, subdivision 3a; 14.386, as amended; 14.388, subdivision 2;​ 1.14 14.3895, subdivisions 2, 6; 14.48, subdivision 2; 14.62, subdivision 2a; 15A.083,​ 1.15 subdivision 6a; 16E.01, subdivision 2; 16E.03, subdivisions 3, 4, 5, 7; 16E.04,​ 1.16 subdivisions 2, 3; 16E.07; 117.042; 152.025, subdivision 4; 169A.03, by adding​ 1.17 a subdivision; 169A.51, subdivision 3; 171.177, subdivisions 1, 3, 4, 5, 8, 12;​ 1.18 171.182, subdivisions 2, 3; 211B.33, subdivision 2; 211B.34, subdivisions 1, 2;​ 1.19 211B.35, subdivisions 1, 3; 241.021, subdivisions 1h, 4b; 241.75, subdivision 2;​ 1.20 243.05, subdivision 1b; 243.166, subdivisions 1a, 3, 6, by adding a subdivision;​ 1.21 243.167, subdivision 1; 243.52, subdivision 2; 244.052, subdivisions 3, 4, 4a;​ 1.22 253B.02, subdivision 4d; 253B.18, subdivision 5a, as amended; 253D.14,​ 1.23 subdivision 1; 260B.007, subdivisions 6, 16; 260B.198, subdivision 7; 260C.007,​ 1.24 subdivision 6; 260E.06, subdivision 1; 260E.08; 272.12; 299A.73, subdivision 4;​ 1.25 326.338, subdivision 4; 326.3388; 480.15, subdivision 10c; 480.24, subdivisions​ 1.26 2, 4; 480.242, subdivisions 2, 3; 480.243, subdivision 1; 491A.01, subdivision 3a;​ 1.27 507.235, subdivisions 1a, 5; 513.73, subdivision 3; 518B.01, subdivisions 2, 3a,​ 1.28 3b, 4, 5, 6a, 7, 8, 8a, 9, 9a, 11, by adding a subdivision; 524.5-315; 524.5-317;​ 1.29 548.251, subdivision 2; 559.21, subdivisions 2a, 4, by adding subdivisions; 559.211,​ 1.30 subdivision 1; 559.213; 563.01; 590.01, subdivision 4; 590.03; 593.50, subdivision​ 1.31 1; 604A.05, subdivision 1; 609.02, by adding a subdivision; 609.06, subdivision​ 1.32 1, as amended, by adding a subdivision; 609.075; 609.1056, by adding a​ 1.33 subdivision; 609.14, subdivisions 2, 3, by adding a subdivision; 609.324,​ 1.34 subdivision 1; 609.748, subdivisions 3a, 5, 5b, by adding a subdivision; 609.78,​ 1.35 subdivision 3, by adding a subdivision; 611.215, subdivision 2; 611.24; 611.26,​ 1.36 subdivisions 2, 3, 3a, 4; 611.263, subdivision 1; 611.265; 611.27, subdivisions 1,​ 1.37 8, 10, 11, 13, 16; 611A.06, subdivision 3a, by adding a subdivision; 611A.212,​ 1.38 subdivision 1; 611A.73, subdivision 4; 626.05, subdivision 2; 626.5534; 626.84,​ 1​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ State of Minnesota​ This Document can be made available​ in alternative formats upon request​ HOUSE OF REPRESENTATIVES​ H. F. No. 5216​ NINETY-THIRD SESSION​ Authored by Moller, Curran and Becker-Finn​ 04/02/2024​ The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy​ Adoption of Report: Amended and re-referred to the Committee on Ways and Means​ 04/18/2024​ Adoption of Report: Placed on the General Register as Amended​ 05/01/2024​ Read for the Second Time​ Calendar for the Day​ 05/03/2024​ Bill was laid on the Table​ Bill was taken from the Table​ 05/07/2024​ Read Third Time as Amended​ Passed by the House as Amended and transmitted to the Senate to include Floor Amendments​ Returned to the House as Amended by the Senate​ 05/17/2024​ Refused to concur and a Conference Committee was appointed​ Conference Committee Report Adopted​ 05/18/2024​ Read Third Time as Amended by Conference and repassed by the House​ 2.1 subdivision 1; 626.8435, subdivision 1; 626.8457, subdivision 3; 629.72,​ 2.2 subdivisions 1, 7; 629.725; 629.73, subdivision 1, by adding a subdivision;​ 2.3 Minnesota Statutes 2023 Supplement, sections 16E.01, subdivision 3; 16E.03,​ 2.4 subdivision 2; 146A.08, subdivision 1; 169A.51, subdivision 4; 214.10, subdivision​ 2.5 10; 241.021, subdivision 1; 243.166, subdivision 1b; 244.05, subdivision 5; 244.17,​ 2.6 subdivision 3; 244.21, subdivision 2; 244.41, subdivisions 6, 14, by adding a​ 2.7 subdivision; 244.46, subdivisions 1, 2; 244.50, subdivision 4; 299A.49, subdivisions​ 2.8 8, 9; 299A.95, subdivision 5; 299C.105, subdivision 1; 307.08, subdivision 3a;​ 2.9 326.3387, subdivision 1; 401.01, subdivision 2; 401.10, subdivision 1; 515B.2-103;​ 2.10 515B.3-102; 524.5-313; 609.1095, subdivision 1; 609.133, subdivision 4; 609.135,​ 2.11 subdivision 2; 609.14, subdivision 1; 609.3455, subdivision 5; 609.35; 609.522,​ 2.12 subdivisions 1, 2; 609A.015, subdivision 3, as amended; 609A.02, subdivision 3;​ 2.13 609A.06, subdivision 2; 611.215, subdivision 1; 611.23; 611.41, subdivision 7;​ 2.14 611.55, subdivision 1; 611.56, subdivisions 1, 6; 611.57, subdivisions 1, 4;​ 2.15 611A.039, subdivision 1; 611A.52, subdivision 5; 626.8516, subdivision 6; 629.292,​ 2.16 subdivision 2; 638.09, subdivision 5; 638.12, subdivision 2; 638.15, subdivision​ 2.17 1; Laws 2023, chapter 52, article 1, section 2, subdivision 3; article 2, sections 3,​ 2.18 subdivisions 5, 8, as amended; 6, subdivisions 1, 4; article 4, section 24,​ 2.19 subdivisions 3, 7; article 8, section 20, subdivision 3; Laws 2023, chapter 63,​ 2.20 article 5, section 5; proposing coding for new law in Minnesota Statutes, chapters​ 2.21 3C; 13; 14; 16A; 16E; 169; 219; 241; 244; 260B; 299A; 480; 500; 554; 609; 626;​ 2.22 627; 634; proposing coding for new law as Minnesota Statutes, chapter 559A;​ 2.23 repealing Minnesota Statutes 2022, sections 16E.035; 16E.0465, subdivisions 1,​ 2.24 2; 16E.055; 16E.20; 241.265; 480.242, subdivision 1; 554.01; 554.02; 554.03;​ 2.25 554.04; 554.045; 554.05; 554.06; 559.201; 559.202; 609B.050; 609B.100;​ 2.26 609B.101; 609B.102; 609B.103; 609B.104; 609B.106; 609B.107; 609B.108;​ 2.27 609B.109; 609B.110; 609B.111; 609B.112; 609B.113; 609B.120; 609B.121;​ 2.28 609B.122; 609B.123; 609B.124; 609B.125; 609B.126; 609B.127; 609B.128;​ 2.29 609B.129; 609B.130; 609B.132; 609B.133; 609B.134; 609B.135; 609B.136;​ 2.30 609B.139; 609B.140; 609B.141; 609B.142; 609B.143; 609B.144; 609B.146;​ 2.31 609B.147; 609B.148; 609B.149; 609B.1495; 609B.150; 609B.151; 609B.152;​ 2.32 609B.153; 609B.155; 609B.157; 609B.158; 609B.159; 609B.160; 609B.162;​ 2.33 609B.164; 609B.1641; 609B.1645; 609B.165; 609B.168; 609B.170; 609B.171;​ 2.34 609B.172; 609B.173; 609B.174; 609B.175; 609B.176; 609B.177; 609B.179;​ 2.35 609B.180; 609B.181; 609B.183; 609B.184; 609B.185; 609B.187; 609B.188;​ 2.36 609B.189; 609B.191; 609B.192; 609B.193; 609B.194; 609B.195; 609B.200;​ 2.37 609B.201; 609B.203; 609B.205; 609B.206; 609B.216; 609B.231; 609B.235;​ 2.38 609B.237; 609B.241; 609B.245; 609B.255; 609B.262; 609B.263; 609B.265;​ 2.39 609B.271; 609B.273; 609B.275; 609B.277; 609B.301; 609B.310; 609B.311;​ 2.40 609B.312; 609B.320; 609B.321; 609B.330; 609B.331; 609B.332; 609B.333;​ 2.41 609B.340; 609B.341; 609B.342; 609B.343; 609B.344; 609B.345; 609B.400;​ 2.42 609B.405; 609B.410; 609B.415; 609B.425, subdivision 1; 609B.430; 609B.435,​ 2.43 subdivisions 1, 3; 609B.445; 609B.450; 609B.455; 609B.460; 609B.465; 609B.500;​ 2.44 609B.505; 609B.510; 609B.515; 609B.518; 609B.520; 609B.525; 609B.530;​ 2.45 609B.535; 609B.540; 609B.545; 609B.600; 609B.610; 609B.611; 609B.612;​ 2.46 609B.613; 609B.614; 609B.615; 609B.700; 609B.710; 609B.720; 609B.721;​ 2.47 609B.722; 609B.723; 609B.724; 609B.725; 611.20, subdivisions 3, 4, 7; 611.25,​ 2.48 subdivision 3; 611.27, subdivisions 6, 9, 12; Minnesota Statutes 2023 Supplement,​ 2.49 sections 609B.161; 609B.425, subdivision 2; 609B.435, subdivision 2.​ 2.50 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​ 2.51 ARTICLE 1​ 2.52 APPROPRIATIONS​ 2.53 Section 1. APPROPRIATIONS.​ 2​ Article 1 Section 1.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 3.1 The sums shown in the columns marked "Appropriations" are added to or, if shown in​ 3.2 parentheses, subtracted from the appropriations in Laws 2023, chapter 52, articles 1 and 2,​ 3.3 to the agencies and for the purposes specified in this article. The appropriations are from​ 3.4 the general fund, or another named fund, and are available for the fiscal years indicated for​ 3.5 each purpose. The figures "2024" and "2025" used in this article mean that the addition to​ 3.6 or subtraction from the appropriation listed under them is available for the fiscal year ending​ 3.7 June 30, 2024, or June 30, 2025, respectively. "The first year" is fiscal year 2024. "The​ 3.8 second year" is fiscal year 2025. Supplemental appropriations and reductions to​ 3.9 appropriations for the fiscal year ending June 30, 2024, are effective the day following final​ 3.10 enactment.​ 3.11 APPROPRIATIONS​ 3.12 Available for the Year​ 3.13 Ending June 30​ 2025​ 3.14 2024​ 5,663,000​ $​ -0-​ $​ 3.15 Sec. 2. SUPREME COURT​ 3.16 (a) Safe and Secure Courthouse Initiative​ 3.17 $500,000 the second year is for a competitive​ 3.18 grant program for courthouse safety and​ 3.19 security improvements. Grants may be​ 3.20 awarded to governmental entities to fund​ 3.21 courthouse security assessments, equipment,​ 3.22 technology, construction, or training needs.​ 3.23 Grant recipients must provide a 50 percent​ 3.24 nonstate match. This is a onetime​ 3.25 appropriation.​ 3.26 (b) Court Cyber Security​ 3.27 $5,163,000 the second year is for the judicial​ 3.28 branch cyber security program. This is a​ 3.29 onetime appropriation and is available until​ 3.30 June 30, 2027.​ 23,685,000​ $​ 6,652,000​ $​ 3.31 Sec. 3. DISTRICT COURTS​ 3.32 (a) Psychological Services​ 3.33 $5,317,000 the first year and $15,951,000 the​ 3.34 second year are for the psychological and​ 3.35 psychiatric examiner services program, which​ 3​ Article 1 Sec. 3.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 4.1 delivers statutorily mandated psychological​ 4.2 examinations for civil commitment, criminal​ 4.3 competency, and criminal responsibility​ 4.4 evaluations. The appropriation in the second​ 4.5 year is onetime and is available until June 30,​ 4.6 2027.​ 4.7 (b) Forensic Examiner Rate Increase​ 4.8 $1,070,000 the second year is to raise forensic​ 4.9 examiner payment rates.​ 4.10 (c) Court Interpreters​ 4.11 $1,290,000 the first year and $3,870,000 the​ 4.12 second year are for court interpreters. The​ 4.13 appropriation in the second year is onetime​ 4.14 and is available until June 30, 2027.​ 4.15 (d) Court Interpreter Rate Increase​ 4.16 $235,000 the second year is to raise payment​ 4.17 rates for certified court interpreters.​ 4.18 (e) Court Interpreter Paid Travel Time​ 4.19 $170,000 the second year is to reimburse​ 4.20 certified court interpreters for travel time.​ 4.21 (f) Increased Cost of Jury Programs​ 4.22 $20,000 the first year and $2,364,000 the​ 4.23 second year are for increased costs of jury​ 4.24 programs. The appropriation in the second​ 4.25 year is onetime and is available until June 30,​ 4.26 2027.​ 4.27 (g) Trauma Services for Jurors​ 4.28 $25,000 each year is to provide vicarious​ 4.29 trauma services for jurors.​ 4.30 Sec. 4. PUBLIC SAFETY​ 9,850,000​ $​ 7,000,000​ $​ 4.31 Subdivision 1. Total​ 4.32 Appropriation​ 4​ Article 1 Sec. 4.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 5.1 Appropriations by Fund​ 2025​ 5.2 2024​ 9,850,000​ 0​ 5.3 General​ 0​ 7,000,000​ 5.4 911 Fund​ 5.5 The amounts that may be spent for each​ 5.6 purpose are specified in the following​ 5.7 subdivisions.​ 50,000​ -0-​ 5.8 Subd. 2. Public Safety​ 5.9 Administration​ 5.10 Task Force on Domestic Violence and​ 5.11 Firearms​ 5.12 $50,000 the second year is to provide​ 5.13 administrative support including meeting​ 5.14 space and administrative assistance, or to hire​ 5.15 or contract with another party to provide any​ 5.16 portion of that support, for the Task Force on​ 5.17 Domestic Violence and Firearms. This is a​ 5.18 onetime appropriation.​ 133,000​ -0-​ 5.19 Subd. 3. Driver and Vehicle Services​ 5.20 Motor Vehicle Registration Compliance​ 5.21 Working Group​ 5.22 $133,000 the second year is for administrative​ 5.23 support for the Motor Vehicle Registration​ 5.24 Compliance Working Group. This is a onetime​ 5.25 appropriation.​ 9,667,000​ -0-​ 5.26 Subd. 4. Office of Justice Programs​ 5.27 (a) Direct Assistance to Crime Victim​ 5.28 Survivors​ 5.29 $9,467,000 the second year is to provide​ 5.30 grants to organizations that received a grant​ 5.31 from the crime victim services unit in fiscal​ 5.32 year 2024. Grants must be used for direct​ 5.33 services and advocacy for victims of sexual​ 5​ Article 1 Sec. 4.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 6.1 assault, general crime, domestic violence, and​ 6.2 child abuse. Funding must support the direct​ 6.3 needs of organizations serving victims of​ 6.4 crime by providing: direct client assistance to​ 6.5 crime victims; competitive wages for direct​ 6.6 service staff; hotel stays and other​ 6.7 housing-related supports and services;​ 6.8 culturally responsive programming; prevention​ 6.9 programming, including domestic abuse​ 6.10 transformation and restorative justice​ 6.11 programming; and for other needs of​ 6.12 organizations and crime victim survivors.​ 6.13 Services funded must include services for​ 6.14 victims of crime in underserved communities​ 6.15 most impacted by violence and reflect the​ 6.16 ethnic, racial, economic, cultural, and​ 6.17 geographic diversity of the state. Up to five​ 6.18 percent of the appropriation is available for​ 6.19 grant administration. This appropriation is​ 6.20 onetime and is in addition to any amount​ 6.21 previously appropriated for this purpose.​ 6.22 (b) Preventing Violence Against Latina​ 6.23 Women Report​ 6.24 $50,000 the second year is for a grant to​ 6.25 Esperanza United to complete a report on​ 6.26 preventing violence against Latina women and​ 6.27 queer Latines. This is a onetime appropriation.​ 6.28 (c) Law Enforcement and Fire Department​ 6.29 Therapy Dog Grant Program​ 6.30 $100,000 the second year is to issue grants to​ 6.31 law enforcement agencies and fire departments​ 6.32 to acquire, train, and maintain therapy dogs​ 6.33 to aid in treating peace officers and firefighters​ 6.34 suffering from job-related trauma and​ 6.35 post-traumatic stress disorder and to assist in​ 6​ Article 1 Sec. 4.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 7.1 responding to calls involving persons in crisis.​ 7.2 Eligible law enforcement agencies and fire​ 7.3 departments may receive grants of up to​ 7.4 $10,000. Interested law enforcement agencies​ 7.5 and fire departments must submit an​ 7.6 application to the commissioner on a form​ 7.7 prepared by the commissioner. The​ 7.8 commissioner must give preference to​ 7.9 applicants that demonstrate that the agency's​ 7.10 peace officers or department's firefighters​ 7.11 suffer a high rate of job-related trauma or​ 7.12 post-traumatic stress disorder or are exposed​ 7.13 regularly to high-stress incidents that are​ 7.14 known to cause job-related trauma or​ 7.15 post-traumatic stress disorder. This is a​ 7.16 onetime appropriation.​ 7.17 Each grant recipient must report to the​ 7.18 commissioner and the chairs and ranking​ 7.19 minority members of the legislative​ 7.20 committees and divisions with jurisdiction​ 7.21 over public safety policy and finance on how​ 7.22 the grant was expended. The report must​ 7.23 include an overview of the grant recipient's​ 7.24 budget, a detailed explanation of how grant​ 7.25 funds were expended, the number of dogs​ 7.26 trained with grant funds, the number of peace​ 7.27 officers or firefighters served by dogs trained​ 7.28 with grant funds, and a list and explanation of​ 7.29 the benefits received by peace officers or​ 7.30 firefighters who were served by dogs trained​ 7.31 with grant funds. An initial report is due by​ 7.32 January 15, 2025, and a final report is due by​ 7.33 January 15, 2026.​ 7.34 (d) Mediation and Restorative Justice​ 7.35 Grants​ 7​ Article 1 Sec. 4.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 8.1 $50,000 the second year is for a grant to a​ 8.2 nonprofit organization that provides mediation​ 8.3 and dispute resolution services in the Hmong​ 8.4 community to provide mediation and​ 8.5 restorative justice services. This is a onetime​ 8.6 appropriation.​ -0-​ 7,000,000​ 8.7 Subd. 5. Emergency Communication Networks​ 8.8 Digital Geographic Information System​ 8.9 Mapping For School Facilities​ 8.10 $7,000,000 the first year from the state​ 8.11 government special revenue fund for 911​ 8.12 emergency telecommunications services is to​ 8.13 issue grants to the regional emergency​ 8.14 communications boards as defined by​ 8.15 Minnesota Statutes, section 403.392, for​ 8.16 digital geographic information system​ 8.17 mapping for school facilities. This is a onetime​ 8.18 appropriation and is available until June 30,​ 8.19 2026.​ 2,000,000​ $​ 5,900,000​ $​ 8.20 Sec. 5. CORRECTIONS​ 8.21 Operating Deficiency​ 8.22 $5,900,000 the first year and $2,000,000 the​ 8.23 second year are for the operation of​ 8.24 correctional facilities. The base for this​ 8.25 appropriation is $7,110,000 beginning in fiscal​ 8.26 year 2026.​ 986,000​ $​ -0-​ $​ 8.27 Sec. 6. CLEMENCY REVIEW COMMISSION​ 8.28 $986,000 the second year is for the Clemency​ 8.29 Review Commission in Minnesota Statutes,​ 8.30 section 638.09. Of this amount, $200,000 is​ 8.31 for grants to support outreach and clemency​ 8.32 application assistance.​ 150,000​ $​ -0-​ $​ 8.33 Sec. 7. MINNESOTA MANAGEMENT AND​ 8.34 BUDGET​ 8​ Article 1 Sec. 7.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 9.1 $150,000 the second year is for the Office of​ 9.2 Addiction and Recovery to provide support​ 9.3 staff, office and meeting space, and​ 9.4 administrative services for the Task Force on​ 9.5 Holistic and Effective Responses to Illicit​ 9.6 Drug Use. This is a onetime appropriation.​ 9.7 Sec. 8. [16A.286] TRANSFER; DISASTER ASSISTANCE CONTINGENCY​ 9.8 ACCOUNT.​ 9.9 (a) If the balance in the disaster assistance contingency account under section 12.221 at​ 9.10 the end of a biennium is less than $50,000,000, the commissioner of management and budget​ 9.11 must make transfers according to this section.​ 9.12 (b) If the final general fund closing balance for a biennium exceeds the closing balance​ 9.13 projected for that biennium at the end of the previous regular legislative session by at least​ 9.14 $50,000,000, the commissioner of management and budget must transfer the difference​ 9.15 between $50,000,000 and the balance in the disaster assistance contingency account at the​ 9.16 end of the biennium from the general fund to the disaster assistance contingency account.​ 9.17 (c) If the final general fund closing balance for a biennium exceeds the closing balance​ 9.18 projected for that biennium at the end of the previous legislative session by less than​ 9.19 $50,000,000, the commissioner of management and budget must transfer the difference​ 9.20 between $50,000,000 and the balance in the disaster assistance contingency account at the​ 9.21 end of the biennium from the general fund to the disaster assistance contingency account.​ 9.22 The amount transferred under this paragraph shall not exceed the difference between the​ 9.23 final closing balance for the previous biennium and the closing balance projected for the​ 9.24 general fund at the end of the previous regular legislative session.​ 9.25 (d) For the purposes of this section, the term "regular legislative session" includes a​ 9.26 special legislative session to enact the biennial budget.​ 9.27 (e) If a transfer is required under this section, the transfer must be completed before​ 9.28 October 15 following the end of the previous biennium.​ 9.29 EFFECTIVE DATE. This section is effective the day following final enactment.​ 9.30 Sec. 9. Laws 2023, chapter 52, article 1, section 2, subdivision 3, is amended to read:​ 33,560,000​ 33,560,000​ 9.31 Subd. 3. Civil Legal Services​ 9​ Article 1 Sec. 9.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 10.1 The general fund base is $34,167,000 $0​ 10.2 beginning in fiscal year 2026.​ 10.3 Legal Services to Low-Income Clients in​ 10.4 Family Law Matters​ 10.5 $1,017,000 each year is to improve the access​ 10.6 of low-income clients to legal representation​ 10.7 in family law matters. This appropriation must​ 10.8 be distributed under Minnesota Statutes,​ 10.9 section 480.242, to the qualified legal services​ 10.10 program described in Minnesota Statutes,​ 10.11 section 480.242, subdivision 2, paragraph (a).​ 10.12 Any unencumbered balance remaining in the​ 10.13 first year does not cancel and is available in​ 10.14 the second year.​ 10.15 Sec. 10. Laws 2023, chapter 52, article 2, section 3, subdivision 5, is amended to read:​ 17,272,000​ 17,013,000​ 10.16 Subd. 5. Fire Marshal​ 10.17 Appropriations by Fund​ 4,190,000​ 4,184,000​ 10.18 General​ 13,082,000​ 12,829,000​ 10.19 Special Revenue​ 10.20 The special revenue fund appropriation is from​ 10.21 the fire safety account in the special revenue​ 10.22 fund and is for activities under Minnesota​ 10.23 Statutes, section 299F.012. The base​ 10.24 appropriation for this account is $13,182,000​ 10.25 in fiscal year 2026 and $13,082,000 in fiscal​ 10.26 year 2027.​ 10.27 (a) Hazardous Materials and Emergency​ 10.28 Response Teams​ 10.29 $1,695,000 the first year and $1,595,000 the​ 10.30 second year are from the fire safety account​ 10.31 for hazardous materials and emergency​ 10.32 response teams. The base for these purposes​ 10.33 is $1,695,000 in the first year of future biennia​ 10​ Article 1 Sec. 10.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 11.1 and $1,595,000 in the second year of future​ 11.2 biennia.​ 11.3 (b) Bomb Squad Reimbursements​ 11.4 $250,000 from the fire safety account and​ 11.5 $50,000 from the general fund each year are​ 11.6 for reimbursements to local governments for​ 11.7 bomb squad services.​ 11.8 (c) Nonresponsible Party Reimbursements​ 11.9 $750,000 each year from the fire safety​ 11.10 account is for nonresponsible party hazardous​ 11.11 material, Urban Search and Rescue, Minnesota​ 11.12 Air Rescue Team, and bomb squad incident​ 11.13 reimbursements. Money appropriated for this​ 11.14 purpose is available for one year.​ 11.15 (d) Hometown Heroes Assistance Program​ 11.16 $4,000,000 each year from the general fund​ 11.17 is for grants to the Minnesota Firefighter​ 11.18 Initiative to fund the hometown heroes​ 11.19 assistance program established in Minnesota​ 11.20 Statutes, section 299A.477.​ 11.21 EFFECTIVE DATE. This section is effective the day following final enactment.​ 11.22 Sec. 11. Laws 2023, chapter 52, article 2, section 3, subdivision 8, as amended by Laws​ 11.23 2023, chapter 69, section 12, is amended to read:​ 80,434,000​ 94,758,000​ 11.24 Subd. 8. Office of Justice Programs​ 11.25 Appropriations by Fund​ 80,338,000​ 94,662,000​ 11.26 General​ 96,000​ 96,000​ 11.27 State Government​ 11.28 Special Revenue​ 11.29 (a) Domestic and Sexual Violence Housing​ 11.30 $1,500,000 each year is to establish a​ 11.31 Domestic Violence Housing First grant​ 11.32 program to provide resources for survivors of​ 11​ Article 1 Sec. 11.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 12.1 violence to access safe and stable housing and​ 12.2 for staff to provide mobile advocacy and​ 12.3 expertise in housing resources in their​ 12.4 community and a Minnesota Domestic and​ 12.5 Sexual Violence Transitional Housing​ 12.6 program to develop and support medium to​ 12.7 long term transitional housing for survivors​ 12.8 of domestic and sexual violence with​ 12.9 supportive services. The base for this​ 12.10 appropriation is $1,000,000 beginning in fiscal​ 12.11 year 2026.​ 12.12 (b) Federal Victims of Crime Funding Gap​ 12.13 $11,000,000 each year is to fund services for​ 12.14 victims of domestic violence, sexual assault,​ 12.15 child abuse, and other crimes. This is a​ 12.16 onetime appropriation.​ 12.17 (c) Office for Missing and Murdered Black​ 12.18 Women and Girls​ 12.19 $1,248,000 each year is to establish and​ 12.20 maintain the Minnesota Office for Missing​ 12.21 and Murdered Black Women and Girls.​ 12.22 (d) Increased Staffing​ 12.23 $667,000 the first year and $1,334,000 the​ 12.24 second year are to increase staffing in the​ 12.25 Office of Justice Programs for grant​ 12.26 monitoring and compliance; provide training​ 12.27 and technical assistance to grantees and​ 12.28 potential grantees; conduct community​ 12.29 outreach and engagement to improve the​ 12.30 experiences and outcomes of applicants, grant​ 12.31 recipients, and crime victims throughout​ 12.32 Minnesota; expand the Minnesota Statistical​ 12.33 Analysis Center; and increase staffing for the​ 12​ Article 1 Sec. 11.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 13.1 crime victim reimbursement program and the​ 13.2 Crime Victim Justice Unit.​ 13.3 (e) Office of Restorative Practices​ 13.4 $500,000 each year is to establish and​ 13.5 maintain the Office of Restorative Practices.​ 13.6 (f) Crossover and Dual-Status Youth Model​ 13.7 Grants​ 13.8 $1,000,000 each year is to provide grants to​ 13.9 local units of government to initiate or expand​ 13.10 crossover youth practices model and​ 13.11 dual-status youth programs that provide​ 13.12 services for youth who are involved with or​ 13.13 at risk of becoming involved with both the​ 13.14 child welfare and juvenile justice systems, in​ 13.15 accordance with the Robert F. Kennedy​ 13.16 National Resource Center for Juvenile Justice​ 13.17 model. This is a onetime appropriation.​ 13.18 (g) Restorative Practices Initiatives Grants​ 13.19 $4,000,000 each year is for grants to establish​ 13.20 and support restorative practices initiatives​ 13.21 pursuant to Minnesota Statutes, section​ 13.22 299A.95, subdivision 6. The base for this​ 13.23 appropriation is $2,500,000 beginning in fiscal​ 13.24 year 2026.​ 13.25 (h) Ramsey County Youth Treatment​ 13.26 Homes Acquisition and Betterment​ 13.27 $5,000,000 the first year is for a grant to​ 13.28 Ramsey County to establish, with input from​ 13.29 community stakeholders, including impacted​ 13.30 youth and families, up to seven intensive​ 13.31 trauma-informed therapeutic treatment homes​ 13.32 in Ramsey County that are licensed by the​ 13.33 Department of Human Services, that are​ 13​ Article 1 Sec. 11.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 14.1 culturally specific, that are community-based,​ 14.2 and that can be secured. These residential​ 14.3 spaces must provide intensive treatment and​ 14.4 intentional healing for youth as ordered by the​ 14.5 court as part of the disposition of a case in​ 14.6 juvenile court. This appropriation is available​ 14.7 through June 30, 2026.​ 14.8 (i) Ramsey County Violence Prevention​ 14.9 $5,000,000 the first year is for a grant to​ 14.10 Ramsey County to award grants to develop​ 14.11 new and further enhance existing​ 14.12 community-based organizational support​ 14.13 through violence prevention and community​ 14.14 wellness grants. Grantees must use the money​ 14.15 to create family support groups and resources​ 14.16 to support families during the time a young​ 14.17 person is placed out of home following a​ 14.18 juvenile delinquency adjudication and support​ 14.19 the family through the period of postplacement​ 14.20 reentry; create community-based respite​ 14.21 options for conflict or crisis de-escalation to​ 14.22 prevent incarceration or further systems​ 14.23 involvement for families; or establish​ 14.24 additional meaningful employment​ 14.25 opportunities for systems-involved youth. This​ 14.26 appropriation is available through June 30,​ 14.27 2027.​ 14.28 (j) Office for Missing and Murdered​ 14.29 Indigenous Relatives​ 14.30 $274,000 each year is for increased staff and​ 14.31 operating costs of the Office for Missing and​ 14.32 Murdered Indigenous Relatives, the Missing​ 14.33 and Murdered Indigenous Relatives Advisory​ 14.34 Board, and the Gaagige-Mikwendaagoziwag​ 14.35 reward advisory group.​ 14​ Article 1 Sec. 11.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 15.1 (k) Youth Intervention Programs​ 15.2 $3,525,000 the first year and $3,526,000 the​ 15.3 second year are for youth intervention​ 15.4 programs under Minnesota Statutes, section​ 15.5 299A.73. The base for this appropriation is​ 15.6 $3,526,000 in fiscal year 2026 and $3,525,000​ 15.7 in fiscal year 2027.​ 15.8 (l) Community Crime Intervention and​ 15.9 Prevention Grants​ 15.10 $750,000 each year is for community crime​ 15.11 intervention and prevention program grants,​ 15.12 authorized under Minnesota Statutes, section​ 15.13 299A.296. This is a onetime appropriation.​ 15.14 (m) Resources for Victims of Crime​ 15.15 $1,000,000 each year is for general crime​ 15.16 victim grants to meet the needs of victims of​ 15.17 crime not covered by domestic violence,​ 15.18 sexual assault, or child abuse services. This is​ 15.19 a onetime appropriation.​ 15.20 (n) Prosecutor Training​ 15.21 $100,000 each year is for a grant to the​ 15.22 Minnesota County Attorneys Association to​ 15.23 be used for prosecutorial and law enforcement​ 15.24 training, including trial school training and​ 15.25 train-the-trainer courses. All training funded​ 15.26 with grant proceeds must contain blocks of​ 15.27 instruction on racial disparities in the criminal​ 15.28 justice system, collateral consequences to​ 15.29 criminal convictions, and trauma-informed​ 15.30 responses to victims. This is a onetime​ 15.31 appropriation.​ 15.32 The Minnesota County Attorneys Association​ 15.33 must report to the chairs and ranking minority​ 15​ Article 1 Sec. 11.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 16.1 members of the legislative committees with​ 16.2 jurisdiction over public safety policy and​ 16.3 finance on the training provided with grant​ 16.4 proceeds, including a description of each​ 16.5 training and the number of prosecutors and​ 16.6 law enforcement officers who received​ 16.7 training. The report is due by February 15,​ 16.8 2025. The report may include trainings​ 16.9 scheduled to be completed after the date of​ 16.10 submission with an estimate of expected​ 16.11 participants.​ 16.12 (o) Minnesota Heals​ 16.13 $500,000 each year is for the Minnesota Heals​ 16.14 grant program. This is a onetime​ 16.15 appropriation.​ 16.16 (p) Sexual Assault Exam Costs​ 16.17 $3,967,000 the first year and $3,767,000 the​ 16.18 second year are to reimburse qualified health​ 16.19 care providers for the expenses associated with​ 16.20 medical examinations administered to victims​ 16.21 of criminal sexual conduct as required under​ 16.22 Minnesota Statutes, section 609.35, and for​ 16.23 costs to administer the program. The base for​ 16.24 this appropriation is $3,771,000 in fiscal year​ 16.25 2026 and $3,776,000 in fiscal year 2027.​ 16.26 (q) First Responder Mental Health​ 16.27 Curriculum​ 16.28 $75,000 each year is for a grant to the Adler​ 16.29 graduate school. The grantee must use the​ 16.30 grant to develop a curriculum for a 24-week​ 16.31 certificate to train licensed therapists to​ 16.32 understand the nuances, culture, and stressors​ 16.33 of the work environments of first responders​ 16.34 to allow those therapists to provide effective​ 16​ Article 1 Sec. 11.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 17.1 treatment to first responders in distress. The​ 17.2 grantee must collaborate with first responders​ 17.3 who are familiar with the psychological,​ 17.4 cultural, and professional issues of their field​ 17.5 to develop the curriculum and promote it upon​ 17.6 completion.​ 17.7 The grantee may provide the program online.​ 17.8 The grantee must seek to recruit additional​ 17.9 participants from outside the 11-county​ 17.10 metropolitan area.​ 17.11 The grantee must create a resource directory​ 17.12 to provide law enforcement agencies with​ 17.13 names of counselors who complete the​ 17.14 program and other resources to support law​ 17.15 enforcement professionals with overall​ 17.16 wellness. The grantee shall collaborate with​ 17.17 the Department of Public Safety and law​ 17.18 enforcement organizations to promote the​ 17.19 directory. This is a onetime appropriation.​ 17.20 (r) Pathways to Policing​ 17.21 $400,000 each year is for reimbursement​ 17.22 grants to state and local law enforcement​ 17.23 agencies that operate pathway to policing​ 17.24 programs. Applicants for reimbursement​ 17.25 grants may receive up to 50 percent of the cost​ 17.26 of compensating and training program​ 17.27 participants. Reimbursement grants shall be​ 17.28 proportionally allocated based on the number​ 17.29 of grant applications approved by the​ 17.30 commissioner. This is a onetime appropriation.​ 17.31 (s) Direct Assistance to Crime Victim​ 17.32 Survivors​ 17.33 $5,000,000 each year is to provide grants for​ 17.34 direct services and advocacy for victims of​ 17​ Article 1 Sec. 11.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 18.1 sexual assault, general crime, domestic​ 18.2 violence, and child abuse. Funding must​ 18.3 support the direct needs of organizations​ 18.4 serving victims of crime by providing: direct​ 18.5 client assistance to crime victims; competitive​ 18.6 wages for direct service staff; hotel stays and​ 18.7 other housing-related supports and services;​ 18.8 culturally responsive programming; prevention​ 18.9 programming, including domestic abuse​ 18.10 transformation and restorative justice​ 18.11 programming; and for other needs of​ 18.12 organizations and crime victim survivors.​ 18.13 Services funded must include services for​ 18.14 victims of crime in underserved communities​ 18.15 most impacted by violence and reflect the​ 18.16 ethnic, racial, economic, cultural, and​ 18.17 geographic diversity of the state. The office​ 18.18 shall prioritize culturally specific programs,​ 18.19 or organizations led and staffed by persons of​ 18.20 color that primarily serve communities of​ 18.21 color, when allocating funds.​ 18.22 (t) Racially Diverse Youth​ 18.23 $250,000 each year is for grants to​ 18.24 organizations to address racial disparity of​ 18.25 youth using shelter services in the Rochester​ 18.26 and St. Cloud regional areas. Of this amount,​ 18.27 $125,000 each year is to address this issue in​ 18.28 the Rochester area and $125,000 each year is​ 18.29 to address this issue in the St. Cloud area. A​ 18.30 grant recipient shall establish and operate a​ 18.31 pilot program connected to shelter services to​ 18.32 engage in community intervention outreach,​ 18.33 mobile case management, family reunification,​ 18.34 aftercare, and follow up when family members​ 18.35 are released from shelter services. A pilot​ 18​ Article 1 Sec. 11.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 19.1 program must specifically address the high​ 19.2 number of racially diverse youth that enter​ 19.3 shelters in the regions. This is a onetime​ 19.4 appropriation.​ 19.5 (u) Violence Prevention Project Research​ 19.6 Center​ 19.7 $500,000 each year is for a grant to the​ 19.8 Violence Prevention Project Research Center,​ 19.9 operating as a 501(c)(3) organization, for​ 19.10 research focused on reducing violence in​ 19.11 society that uses data and analysis to improve​ 19.12 criminal justice-related policy and practice in​ 19.13 Minnesota. Research must place an emphasis​ 19.14 on issues related to deaths and injuries​ 19.15 involving firearms. This is a onetime​ 19.16 appropriation.​ 19.17 Beginning January 15, 2025, the Violence​ 19.18 Prevention Project Research Center must​ 19.19 submit an annual report to the chairs and​ 19.20 ranking minority members of the legislative​ 19.21 committees with jurisdiction over public safety​ 19.22 policy and finance on its work and findings.​ 19.23 The report must include a description of the​ 19.24 data reviewed, an analysis of that data, and​ 19.25 recommendations to improve criminal​ 19.26 justice-related policy and practice in​ 19.27 Minnesota with specific recommendations to​ 19.28 address deaths and injuries involving firearms.​ 19.29 (v) Report on Approaches to Address Illicit​ 19.30 Drug Use in Minnesota​ 19.31 $118,000 each year is to enter into an​ 19.32 agreement with Rise Research LLC for a study​ 19.33 and set of reports on illicit drug use in​ 19.34 Minnesota describing current responses to that​ 19​ Article 1 Sec. 11.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 20.1 use, reviewing alternative approaches utilized​ 20.2 in other jurisdictions, and making policy and​ 20.3 funding recommendations for a holistic and​ 20.4 effective response to illicit drug use and the​ 20.5 illicit drug trade. The agreement must establish​ 20.6 a budget and schedule with clear deliverables.​ 20.7 This appropriation is onetime.​ 20.8 The study must include a review of current​ 20.9 policies, practices, and funding; identification​ 20.10 of alternative approaches utilized effectively​ 20.11 in other jurisdictions; and policy and funding​ 20.12 recommendations for a response to illicit drug​ 20.13 use and the illicit drug trade that reduces and,​ 20.14 where possible, prevents harm and expands​ 20.15 individual and community health, safety, and​ 20.16 autonomy. Recommendations must consider​ 20.17 impacts on public safety, racial equity,​ 20.18 accessibility of health and ancillary supportive​ 20.19 social services, and the intersections between​ 20.20 drug policy and mental health, housing and​ 20.21 homelessness, overdose and infectious disease,​ 20.22 child welfare, and employment.​ 20.23 Rise Research may subcontract and coordinate​ 20.24 with other organizations or individuals to​ 20.25 conduct research, provide analysis, and​ 20.26 prepare the reports required by this section.​ 20.27 Rise Research shall submit reports to the​ 20.28 chairs and ranking minority members of the​ 20.29 legislative committees with jurisdiction over​ 20.30 public safety finance and policy, human​ 20.31 services finance and policy, health finance and​ 20.32 policy, and judiciary finance and policy. Rise​ 20.33 Research shall submit an initial report by​ 20.34 February 15, 2024, and a final report by March​ 20.35 1, 2025.​ 20​ Article 1 Sec. 11.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 21.1 (w) Legal Representation for Children​ 21.2 $150,000 each year is for a grant to an​ 21.3 organization that provides legal representation​ 21.4 for children in need of protection or services​ 21.5 and children in out-of-home placement. The​ 21.6 grant is contingent upon a match in an equal​ 21.7 amount from nonstate funds. The match may​ 21.8 be in kind, including the value of volunteer​ 21.9 attorney time, in cash, or a combination of the​ 21.10 two. These appropriations are in addition to​ 21.11 any other appropriations for the legal​ 21.12 representation of children. This appropriation​ 21.13 is onetime.​ 21.14 (x) Pretrial Release Study and Report​ 21.15 $250,000 each year are for a grant to the​ 21.16 Minnesota Justice Research Center to study​ 21.17 and report on pretrial release practices in​ 21.18 Minnesota and other jurisdictions, including​ 21.19 but not limited to the use of bail as a condition​ 21.20 of pretrial release. This appropriation is​ 21.21 onetime.​ 21.22 (y) Intensive Comprehensive Peace Officer​ 21.23 Education and Training Program​ 21.24 $5,000,000 the first year is to implement the​ 21.25 intensive comprehensive peace officer​ 21.26 education and training program described in​ 21.27 Minnesota Statutes, section 626.8516. This​ 21.28 appropriation is available through June 30,​ 21.29 2027.​ 21.30 (z) Youth Services Office​ 21.31 $250,000 each year is to operate the Youth​ 21.32 Services Office.​ 21​ Article 1 Sec. 11.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 22.1 Sec. 12. Laws 2023, chapter 52, article 2, section 6, subdivision 1, is amended to read:​ 826,661,000​ 825,675,000​ $​ 797,937,000​ $​ 12,643,000​ $​ 22.2 Subdivision 1. Total​ 22.3 Appropriation​ 22.4 The amounts that may be spent for each​ 22.5 purpose are specified in the following​ 22.6 subdivisions.​ 22.7 Sec. 13. Laws 2023, chapter 52, article 2, section 6, subdivision 4, is amended to read:​ 74,287,000​ 73,301,000​ 73,586,000​ 22.8 Subd. 4. Organizational, Regulatory, and​ 22.9 Administrative Services​ 22.10 (a) Public Safety Data Infrastructure​ 22.11 $22,914,000 the first year and $22,915,000​ 22.12 the second year are for technology​ 22.13 modernization and the development of an​ 22.14 information-sharing and data-technology​ 22.15 infrastructure. The base for this purpose is​ 22.16 $4,097,000 beginning in fiscal year 2026. Any​ 22.17 unspent funds from the current biennium do​ 22.18 not cancel and are available in the next​ 22.19 biennium.​ 22.20 (b) Supervised Release Board​ 22.21 $40,000 each year is to establish and operate​ 22.22 the supervised release board pursuant to​ 22.23 Minnesota Statutes, section 244.049.​ 22.24 (c) Recruitment and Retention​ 22.25 $3,200,000 the first year and $400,000 the​ 22.26 second year are for recruitment and retention​ 22.27 initiatives. Of this amount, $2,800,000 the first​ 22.28 year is for staff recruitment, professional​ 22.29 development, conflict resolution, and staff​ 22.30 wellness, and to contract with community​ 22.31 collaborative partners who specialize in trauma​ 22.32 recovery.​ 22.33 (d) Clemency Review Commission​ 22​ Article 1 Sec. 13.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 23.1 $986,000 each year the first year is for the​ 23.2 clemency review commission described in​ 23.3 Minnesota Statutes, section 638.09. Of this​ 23.4 amount, $200,000 each year is for grants to​ 23.5 support outreach and clemency application​ 23.6 assistance. Any unencumbered balance​ 23.7 remaining in the first year does not cancel, but​ 23.8 must be transferred to the Clemency Review​ 23.9 Commission by July 30, 2024. Funds​ 23.10 transferred under this paragraph are available​ 23.11 until June 30, 2025.​ 23.12 (e) Accountability and Transparency​ 23.13 $1,000,000 each year is for accountability and​ 23.14 transparency initiatives. The base for this​ 23.15 appropriation is $1,480,000 beginning in fiscal​ 23.16 year 2026.​ 23.17 (f) Organizational, Regulatory, and​ 23.18 Administrative Services Base Budget​ 23.19 The base for organizational, regulatory, and​ 23.20 administrative services is $55,849,000​ 23.21 $54,863,000 in fiscal year 2026 and​ 23.22 $55,649,000 $54,663,000 in fiscal year 2027.​ 23.23 Sec. 14. 2024 TRANSFER; DISASTER ASSISTANCE CONTINGENCY ACCOUNT.​ 23.24 If the general fund final closing balance for the fiscal year ending June 30, 2024, exceeds​ 23.25 the projected ending balance for the fiscal year ending June 30, 2024, made at the end of​ 23.26 the 2024 legislative session, the commissioner of management and budget shall transfer an​ 23.27 amount equal to the lesser of (1) the difference between the general fund final closing​ 23.28 balance and the projected ending balance for the fiscal year ending June 30, 2024, or (2)​ 23.29 the difference between $50,000,000 and the balance in the disaster assistance contingency​ 23.30 account on June 30, 2024, from the general fund to the disaster assistance contingency​ 23.31 account created in Minnesota Statutes, section 12.221, subdivision 6. The amount transferred​ 23.32 shall not result in a balance in the disaster assistance contingency account of more than​ 23.33 $50,000,000. This is a onetime transfer to be completed by October 15, 2024.​ 23​ Article 1 Sec. 14.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 24.1 Sec. 15. STATE BOARD OF CIVIL LEGAL AID.​ 24.2 The general fund appropriation base for the State Board of Civil Legal Aid is $34,167,000​ 24.3 beginning in fiscal year 2026 for staffing and other costs needed to establish and perform​ 24.4 the duties of the State Board of Civil Legal Aid.​ 24.5 Sec. 16. REPORT PREVENTING VIOLENCE AGAINST LATINA WOMEN AND​ 24.6 QUEER LATINES IN MINNESOTA.​ 24.7 (a) The commissioner of public safety shall provide a grant to Esperanza United to​ 24.8 develop a report that provides preliminary research and recommendations to reduce, prevent,​ 24.9 and end violence against Latina women and girls, including queer Latines, in Minnesota.​ 24.10 The Department of Public Safety shall provide support and technical assistance to Esperanza​ 24.11 United as requested.​ 24.12 (b) The report may include recommended strategies to disrupt the pathways toward​ 24.13 gender-based violence and help prevent violence before it occurs, such as outreach and​ 24.14 communication, public engagement, and public campaigns to address and educate local​ 24.15 communities about self confidence, leadership skills, family support, and healthy​ 24.16 relationships. The report may identify:​ 24.17 (1) ways to effectively connect programs and services provided by state agencies,​ 24.18 counties, and nongovernmental organizations to improve services to victims and survivors,​ 24.19 and their families and communities;​ 24.20 (2) systemic causes behind violence impacting Latina women and girls, including queer​ 24.21 Latines, and patterns and underlying factors explaining disproportionality, including​ 24.22 underlying historical, social, economic, religious, institutional, immigration, and cultural​ 24.23 factors that may contribute to the violence;​ 24.24 (3) appropriate methods for tracking and collecting data on violence against Latinas and​ 24.25 queer Latines, including data and research on prevention methods;​ 24.26 (4) policies and institutional practices in education, labor, child welfare, coroner practices,​ 24.27 policing, health care, civil and criminal legal systems, and other practices impacting victims;​ 24.28 (5) measures necessary to address and reduce violence, including public awareness,​ 24.29 research, community awareness campaigns, youth education, and family support practices;​ 24.30 and​ 24.31 (6) measures to help victims and survivors, and their families and communities, prevent​ 24.32 and heal from violence, including recommendations to expand existing programs; identify​ 24​ Article 1 Sec. 16.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 25.1 new strategies that educate young people in effective communication, training in self​ 25.2 confidence, leadership skills, and healthy relationships; and general innovative strategies​ 25.3 that strengthen relationships with families and networks of support.​ 25.4 (c) The report shall be submitted to the chairs and ranking minority members of the​ 25.5 legislative committees with jurisdiction over public safety by January 1, 2025.​ 25.6 Sec. 17. YOUTH SUPPORT SERVICES GRANTS.​ 25.7 Subdivision 1. Grants to counties. Of the amount appropriated for fiscal year 2026​ 25.8 from the community crime and violence prevention account in the special revenue fund to​ 25.9 the commissioner of public safety for grants to community crime intervention and prevention​ 25.10 programs, $500,000 must be distributed as provided in this section. The commissioner of​ 25.11 public safety shall issue grants to Anoka County, Hennepin County, and Ramsey County​ 25.12 for the purposes described in subdivision 2. Of the total amount appropriated for this purpose,​ 25.13 20 percent is for a grant to Anoka County, 40 percent is for a grant to Hennepin County,​ 25.14 and 40 percent is for a grant to Ramsey County.​ 25.15 Subd. 2. Grants to community organizations; eligibility. (a) A county that receives a​ 25.16 grant pursuant to subdivision 1 must use the money received to issue subgrants to community​ 25.17 organizations or community-rooted programs to provide intervention and support services​ 25.18 for youth who come into contact with peace officers and are suspected to have committed​ 25.19 a juvenile petty offense or delinquent act. A subgrantee must disclose to the county the​ 25.20 number of cases and the types of offenses they are able to accept. A subgrantee may also​ 25.21 use a subgrant to provide stipends or salaries to employ eligible youth. A county may retain​ 25.22 up to five percent of the amount received for administrative costs.​ 25.23 (b) To qualify for a subgrant under this section, a program must provide services that:​ 25.24 (1) were in operation before July 1, 2024;​ 25.25 (2) may be used as an alternative to arrest pursuant to Minnesota Statutes, section​ 25.26 260B.1755;​ 25.27 (3) promote personal accountability, prosocial connections, and positive youth​ 25.28 development;​ 25.29 (4) include wraparound services to educate and support families of participating youth;​ 25.30 and​ 25.31 (5) utilize data-supported practices.​ 25​ Article 1 Sec. 17.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 26.1 (c) Eligible programs may utilize restorative practices or qualify as a pretrial diversion​ 26.2 program for juveniles pursuant to Minnesota Statutes, section 388.24.​ 26.3 (d) In issuing subgrants, counties must prioritize programs that incorporate employment​ 26.4 or jobs skills training and programs that collaborate with local law enforcement agencies​ 26.5 and accept referrals for intervention from local law enforcement agencies.​ 26.6 Subd. 3. Return of grant money. Any portion of a grant issued to a county pursuant to​ 26.7 subdivision 1 that is unspent or unencumbered on July 1, 2026, must be returned to the​ 26.8 commissioner of public safety. Any money returned to the commissioner pursuant to this​ 26.9 subdivision must be treated as a canceled appropriation and deposited in the general fund.​ 26.10 Subd. 4. Reports. By September 30, 2026, the counties receiving grants under this​ 26.11 section must report to the commissioner of public safety on the programs that received​ 26.12 subgrants. At a minimum, the report must include:​ 26.13 (1) the recipients of any subgrants;​ 26.14 (2) the programs and services provided by each recipient;​ 26.15 (3) the number of youth served by each recipient and the respective referring agency, if​ 26.16 applicable;​ 26.17 (4) aggregated demographic data regarding youth participating in programs provided​ 26.18 by each recipient;​ 26.19 (5) if applicable, the number and percentage of youth who successfully completed a​ 26.20 program or were still participating in a program at the time of the report; and​ 26.21 (6) the total number of unique youth referrals, and additional referrals for youth for new​ 26.22 delinquent offenses after youth began participating in a program or receiving services.​ 26.23 Sec. 18. DIGITAL GEOGRAPHIC INFORMATION SYSTEM MAPPING FOR​ 26.24 SCHOOL FACILITIES.​ 26.25 (a) The commissioner of public safety shall issue grants to regional emergency​ 26.26 communications boards to map school facilities.​ 26.27 (b) If awarded a grant, a regional emergency communications board must use the grant​ 26.28 funds exclusively to create digital geographic information system mapping data of facilities​ 26.29 managed by a school district; a charter school; an intermediate school district or cooperative​ 26.30 unit under Minnesota Statutes, section 123A.24, subdivision 2; the Perpich Center for Arts​ 26.31 Education; the Minnesota State Academies; private schools; or a Tribal contract school that​ 26.32 serves children in early childhood or prekindergarten programs or students enrolled in​ 26​ Article 1 Sec. 18.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 27.1 kindergarten through grade 12 within the regional emergency communications board's​ 27.2 jurisdiction.​ 27.3 (c) The data created pursuant to paragraph (b) must be:​ 27.4 (1) compatible with software platforms used by local, state, and federal public safety​ 27.5 agencies that provide emergency services to the specific school for which the data are​ 27.6 provided without requiring the agencies to purchase additional software or requiring a fee​ 27.7 to view or access the data;​ 27.8 (2) compatible with security software platforms in use by the specific school for which​ 27.9 the data are provided without requiring the local law enforcement agencies or school districts​ 27.10 to purchase additional software or requiring a fee to view or access the data;​ 27.11 (3) verified for accuracy following a physical walkthrough; and​ 27.12 (4) perpetually available to schools and law enforcement agencies mapped pursuant to​ 27.13 a grant and the Department of Public Safety.​ 27.14 (d) The statewide emergency communications board may implement further requirements​ 27.15 at the board's discretion.​ 27.16 (e) At the conclusion of work completed pursuant to a grant under this section, the​ 27.17 regional emergency communications board must deliver a copy of the data created, collected,​ 27.18 or maintained under this section to the school that manages the facility that was mapped​ 27.19 without payment, and in a manner that the school may use and access the data without​ 27.20 limitation. The data must be provided in a form that permits the school to share the data​ 27.21 with a law enforcement agency.​ 27.22 (f) Regional emergency communications boards and schools must report any breach of​ 27.23 the security of the data as defined in Minnesota Statutes, section 13.055, subdivision 1,​ 27.24 paragraph (a), to the superintendent of the Bureau of Criminal Apprehension.​ 27.25 (g) Each regional emergency communications board that receives a grant must complete​ 27.26 the mapping project and report completion to the commissioner on or before July 1, 2026.​ 27.27 Upon request, the commissioner may grant a reasonable extension of time to the requesting​ 27.28 regional emergency communications board to complete the project.​ 27.29 (h) Regional emergency communications boards shall work collaboratively with schools​ 27.30 and public safety agencies to include local law enforcement agencies, fire departments,​ 27.31 EMS, and emergency 911 services during the procurement process.​ 27​ Article 1 Sec. 18.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 28.1 (i) Subject to the requirements in paragraph (e), regional emergency communications​ 28.2 boards shall have exclusive ownership and control over any data created or collected pursuant​ 28.3 to this section.​ 28.4 (j) Any data created under this section are classified as nonpublic data as defined in​ 28.5 Minnesota Statutes, section 13.02, subdivision 9.​ 28.6 ARTICLE 2​ 28.7 CRIME VICTIM PROVISIONS​ 28.8 Section 1. Minnesota Statutes 2022, section 243.05, subdivision 1b, is amended to read:​ 28.9 Subd. 1b. Victim's rights. (a) This subdivision applies to parole decisions relating to​ 28.10 inmates convicted of first-degree murder who are described in subdivision 1, clauses (a)​ 28.11 and (b). As used in this subdivision, "victim" means the murder victim's surviving spouse​ 28.12 or next of kin has the meaning given in section 611A.01, paragraph (b).​ 28.13 (b) The commissioner shall make reasonable efforts to notify the victim, in advance, of​ 28.14 the time and place of the inmate's parole review hearing. The victim has a right to submit​ 28.15 an oral or written statement at the review hearing. The statement may summarize the harm​ 28.16 suffered by the victim as a result of the crime and give the victim's recommendation on​ 28.17 whether the inmate should be paroled at that time. The commissioner must consider the​ 28.18 victim's statement when making the parole decision.​ 28.19 EFFECTIVE DATE. This section is effective the day following final enactment.​ 28.20 Sec. 2. Minnesota Statutes 2022, section 244.052, subdivision 3, is amended to read:​ 28.21 Subd. 3. End-of-confinement review committee. (a) The commissioner of corrections​ 28.22 shall establish and administer end-of-confinement review committees at each state​ 28.23 correctional facility and at each state treatment facility where predatory offenders are​ 28.24 confined. The committees shall assess on a case-by-case basis the public risk posed by​ 28.25 predatory offenders who are about to be released from confinement.​ 28.26 (b) Each committee shall be a standing committee and shall consist of the following​ 28.27 members appointed by the commissioner:​ 28.28 (1) the chief executive officer or head of the correctional or treatment facility where the​ 28.29 offender is currently confined, or that person's designee;​ 28.30 (2) a law enforcement officer;​ 28.31 (3) a treatment professional who is trained in the assessment of sex offenders;​ 28​ Article 2 Sec. 2.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 29.1 (4) a caseworker experienced in supervising sex offenders; and​ 29.2 (5) a victim's services professional.​ 29.3 Members of the committee, other than the facility's chief executive officer or head, shall​ 29.4 be appointed by the commissioner to two-year terms. The chief executive officer or head​ 29.5 of the facility or designee shall act as chair of the committee and shall use the facility's staff,​ 29.6 as needed, to administer the committee, obtain necessary information from outside sources,​ 29.7 and prepare risk assessment reports on offenders.​ 29.8 (c) The committee shall have access to the following data on a predatory offender only​ 29.9 for the purposes of its assessment and to defend the committee's risk assessment​ 29.10 determination upon administrative review under this section:​ 29.11 (1) private medical data under section 13.384 or sections 144.291 to 144.298, or welfare​ 29.12 data under section 13.46 that relate to medical treatment of the offender;​ 29.13 (2) private and confidential court services data under section 13.84;​ 29.14 (3) private and confidential corrections data under section 13.85; and​ 29.15 (4) private criminal history data under section 13.87.​ 29.16 Data collected and maintained by the committee under this paragraph may not be​ 29.17 disclosed outside the committee, except as provided under section 13.05, subdivision 3 or​ 29.18 4. The predatory offender has access to data on the offender collected and maintained by​ 29.19 the committee, unless the data are confidential data received under this paragraph.​ 29.20 (d)(i) Except as otherwise provided in items (ii), (iii), and (iv), at least 90 days before a​ 29.21 predatory offender is to be released from confinement, the commissioner of corrections​ 29.22 shall convene the appropriate end-of-confinement review committee for the purpose of​ 29.23 assessing the risk presented by the offender and determining the risk level to which the​ 29.24 offender shall be assigned under paragraph (e). The offender and the law enforcement agency​ 29.25 that was responsible for the charge resulting in confinement shall be notified of the time​ 29.26 and place of the committee's meeting. The offender has a right to be present and be heard​ 29.27 at the meeting. The law enforcement agency, agent, and victim may provide material in​ 29.28 writing that is relevant to the offender's risk level to the chair of the committee. The​ 29.29 committee shall use the risk factors described in paragraph (g) and the risk assessment scale​ 29.30 developed under subdivision 2 to determine the offender's risk assessment score and risk​ 29.31 level. Offenders scheduled for release from confinement shall be assessed by the committee​ 29.32 established at the facility from which the offender is to be released.​ 29​ Article 2 Sec. 2.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 30.1 (ii) If an offender is received for confinement in a facility with less than 90 days remaining​ 30.2 in the offender's term of confinement, the offender's risk shall be assessed at the first regularly​ 30.3 scheduled end of confinement review committee that convenes after the appropriate​ 30.4 documentation for the risk assessment is assembled by the committee. The commissioner​ 30.5 shall make reasonable efforts to ensure that offender's risk is assessed and a risk level is​ 30.6 assigned or reassigned at least 30 days before the offender's release date.​ 30.7 (iii) If the offender is subject to a mandatory life sentence under section 609.3455,​ 30.8 subdivision 3 or 4, the commissioner of corrections shall convene the appropriate​ 30.9 end-of-confinement review committee at least nine months before the offender's minimum​ 30.10 term of imprisonment has been served. If the offender is received for confinement in a​ 30.11 facility with less than nine months remaining before the offender's minimum term of​ 30.12 imprisonment has been served, the committee shall conform its procedures to those outlined​ 30.13 in item (ii) to the extent practicable.​ 30.14 (iv) If the offender is granted supervised release, the commissioner of corrections shall​ 30.15 notify the appropriate end-of-confinement review committee that it needs to review the​ 30.16 offender's previously determined risk level at its next regularly scheduled meeting. The​ 30.17 commissioner shall make reasonable efforts to ensure that the offender's earlier risk level​ 30.18 determination is reviewed and the risk level is confirmed or reassigned at least 60 days​ 30.19 before the offender's release date. The committee shall give the report to the offender and​ 30.20 to the law enforcement agency, and the commissioner shall provide notice of the risk level​ 30.21 assignment to the victim, if requested, at least 60 days before an offender is released from​ 30.22 confinement.​ 30.23 (e) The committee shall assign to risk level I a predatory offender whose risk assessment​ 30.24 score indicates a low risk of reoffense. The committee shall assign to risk level II an offender​ 30.25 whose risk assessment score indicates a moderate risk of reoffense. The committee shall​ 30.26 assign to risk level III an offender whose risk assessment score indicates a high risk of​ 30.27 reoffense.​ 30.28 (f) Before the predatory offender is released from confinement, the committee shall​ 30.29 prepare a risk assessment report which specifies the risk level to which the offender has​ 30.30 been assigned and the reasons underlying the committee's risk assessment decision. Except​ 30.31 for an offender subject to a mandatory life sentence under section 609.3455, subdivision 3​ 30.32 or 4, who has not been granted supervised release, the committee shall give the report to​ 30.33 the offender and to the law enforcement agency, and the commissioner shall provide notice​ 30.34 of the risk level assignment to the victim, if requested, at least 60 days before an offender​ 30.35 is released from confinement. If the offender is subject to a mandatory life sentence and​ 30​ Article 2 Sec. 2.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 31.1 has not yet served the entire minimum term of imprisonment, the committee shall give the​ 31.2 report to the offender and to the commissioner at least six months before the offender is​ 31.3 first eligible for release. If the risk assessment is performed under the circumstances described​ 31.4 in paragraph (d), item (ii), the report shall be given to the offender and the law enforcement​ 31.5 agency as soon as it is available. The committee also shall inform the offender of the​ 31.6 availability of review under subdivision 6.​ 31.7 (g) As used in this subdivision, "risk factors" includes, but is not limited to, the following​ 31.8 factors:​ 31.9 (1) the seriousness of the offense should the offender reoffend. This factor includes​ 31.10 consideration of the following:​ 31.11 (i) the degree of likely force or harm;​ 31.12 (ii) the degree of likely physical contact; and​ 31.13 (iii) the age of the likely victim;​ 31.14 (2) the offender's prior offense history. This factor includes consideration of the following:​ 31.15 (i) the relationship of prior victims to the offender;​ 31.16 (ii) the number of prior offenses or victims;​ 31.17 (iii) the duration of the offender's prior offense history;​ 31.18 (iv) the length of time since the offender's last prior offense while the offender was at​ 31.19 risk to commit offenses; and​ 31.20 (v) the offender's prior history of other antisocial acts;​ 31.21 (3) the offender's characteristics. This factor includes consideration of the following:​ 31.22 (i) the offender's response to prior treatment efforts; and​ 31.23 (ii) the offender's history of substance abuse;​ 31.24 (4) the availability of community supports to the offender. This factor includes​ 31.25 consideration of the following:​ 31.26 (i) the availability and likelihood that the offender will be involved in therapeutic​ 31.27 treatment;​ 31.28 (ii) the availability of residential supports to the offender, such as a stable and supervised​ 31.29 living arrangement in an appropriate location;​ 31​ Article 2 Sec. 2.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 32.1 (iii) the offender's familial and social relationships, including the nature and length of​ 32.2 these relationships and the level of support that the offender may receive from these persons;​ 32.3 and​ 32.4 (iv) the offender's lack of education or employment stability;​ 32.5 (5) whether the offender has indicated or credible evidence in the record indicates that​ 32.6 the offender will reoffend if released into the community; and​ 32.7 (6) whether the offender demonstrates a physical condition that minimizes the risk of​ 32.8 reoffense, including but not limited to, advanced age or a debilitating illness or physical​ 32.9 condition.​ 32.10 (h) Upon the request of the law enforcement agency or the offender's corrections agent,​ 32.11 the commissioner may reconvene the end-of-confinement review committee for the purpose​ 32.12 of reassessing the risk level to which an offender has been assigned under paragraph (e). In​ 32.13 a request for a reassessment, the law enforcement agency which was responsible for the​ 32.14 charge resulting in confinement or agent shall list the facts and circumstances arising after​ 32.15 the initial assignment or facts and circumstances known to law enforcement or the agent​ 32.16 but not considered by the committee under paragraph (e) which support the request for a​ 32.17 reassessment. The request for reassessment by the law enforcement agency must occur​ 32.18 within 30 days of receipt of the report indicating the offender's risk level assignment. The​ 32.19 offender's corrections agent, in consultation with the chief law enforcement officer in the​ 32.20 area where the offender resides or intends to reside, may request a review of a risk level at​ 32.21 any time if substantial evidence exists that the offender's risk level should be reviewed by​ 32.22 an end-of-confinement review committee. This evidence includes, but is not limited to,​ 32.23 evidence of treatment failures or completions, evidence of exceptional crime-free community​ 32.24 adjustment or lack of appropriate adjustment, evidence of substantial community need to​ 32.25 know more about the offender or mitigating circumstances that would narrow the proposed​ 32.26 scope of notification, or other practical situations articulated and based in evidence of the​ 32.27 offender's behavior while under supervision. Upon review of the request, the​ 32.28 end-of-confinement review committee may reassign an offender to a different risk level. If​ 32.29 the offender is reassigned to a higher risk level, the offender has the right to seek review of​ 32.30 the committee's determination under subdivision 6.​ 32.31 (i) An offender may request the end-of-confinement review committee to reassess the​ 32.32 offender's assigned risk level after three years have elapsed since the committee's initial​ 32.33 risk assessment and may renew the request once every two years following subsequent​ 32.34 denials. In a request for reassessment, the offender shall list the facts and circumstances​ 32​ Article 2 Sec. 2.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 33.1 which demonstrate that the offender no longer poses the same degree of risk to the​ 33.2 community. In order for a request for a risk level reduction to be granted, the offender must​ 33.3 demonstrate full compliance with supervised release conditions, completion of required​ 33.4 post-release treatment programming, and full compliance with all registration requirements​ 33.5 as detailed in section 243.166. The offender must also not have been convicted of any felony,​ 33.6 gross misdemeanor, or misdemeanor offenses subsequent to the assignment of the original​ 33.7 risk level. The committee shall follow the process outlined in paragraphs (a) to (c) in the​ 33.8 reassessment. An offender who is incarcerated may not request a reassessment under this​ 33.9 paragraph.​ 33.10 (j) Offenders returned to prison as release violators shall not have a right to a subsequent​ 33.11 risk reassessment by the end-of-confinement review committee unless substantial evidence​ 33.12 indicates that the offender's risk to the public has increased.​ 33.13 (k) If the committee assigns a predatory offender to risk level III, the committee shall​ 33.14 determine whether residency restrictions shall be included in the conditions of the offender's​ 33.15 release based on the offender's pattern of offending behavior.​ 33.16 Sec. 3. Minnesota Statutes 2022, section 253B.18, subdivision 5a, as amended by Laws​ 33.17 2024, chapter 79, article 5, section 15, is amended to read:​ 33.18 Subd. 5a. Victim notification of petition and release; right to submit statement. (a)​ 33.19 As used in this subdivision:​ 33.20 (1) "crime" has the meaning given to "violent crime" in section 609.1095, and includes​ 33.21 criminal sexual conduct in the fifth degree and offenses within the definition of "crime​ 33.22 against the person" in section 253B.02, subdivision 4e, and also includes offenses listed in​ 33.23 section 253D.02, subdivision 8, paragraph (b), regardless of whether they are sexually​ 33.24 motivated;​ 33.25 (2) "victim" means a person who has incurred loss or harm as a result of a crime the​ 33.26 behavior for which forms the basis for a commitment under this section or chapter 253D,​ 33.27 and includes the family members, guardian, conservator, or custodian of a minor,​ 33.28 incompetent, incapacitated, or deceased person; and​ 33.29 (3) "convicted" and "conviction" have the meanings given in section 609.02, subdivision​ 33.30 5, and also include juvenile court adjudications, findings under Minnesota Rules of Criminal​ 33.31 Procedure, rule 20.02, that the elements of a crime have been proved, and findings in​ 33.32 commitment cases under this section or chapter 253D that an act or acts constituting a crime​ 33.33 occurred or were part of their course of harmful sexual conduct.​ 33​ Article 2 Sec. 3.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 34.1 (b) A county attorney who files a petition to commit a person under this section or chapter​ 34.2 253D shall make a reasonable effort to provide prompt notice of filing the petition to any​ 34.3 victim of a crime for which the person was convicted. In addition, the county attorney shall​ 34.4 make a reasonable effort to promptly notify the victim of the resolution of the petition and​ 34.5 the process for requesting notification of an individual's change in status as provided in​ 34.6 paragraph (c).​ 34.7 (c) A victim may request notification of an individual's discharge or release as provided​ 34.8 in paragraph (d) by submitting a written request for notification to the executive director of​ 34.9 the facility in which the individual is confined. The Department of Corrections or a county​ 34.10 attorney who receives a request for notification from a victim under this section shall​ 34.11 promptly forward the request to the executive director of the treatment facility in which the​ 34.12 individual is confined.​ 34.13 (d) Before provisionally discharging, discharging, granting pass-eligible status, approving​ 34.14 a pass plan, or otherwise permanently or temporarily releasing a person committed under​ 34.15 this section from a state-operated treatment program or treatment facility, the head of the​ 34.16 state-operated treatment program or head of the treatment facility shall make a reasonable​ 34.17 effort to notify any victim of a crime for which the person was convicted that the person​ 34.18 may be discharged or released and that the victim has a right to submit a written statement​ 34.19 regarding decisions of the medical director of the secure treatment facility, special review​ 34.20 board, or executive board with respect to the person. To the extent possible, the notice must​ 34.21 be provided at least 14 days before any special review board hearing or before a determination​ 34.22 on a pass plan. Notwithstanding section 611A.06, subdivision 4, the executive board shall​ 34.23 provide the judicial appeal panel with victim information in order to comply with the​ 34.24 provisions of this section. The judicial appeal panel shall ensure that the data on victims​ 34.25 remains private as provided for in section 611A.06, subdivision 4. These notices shall only​ 34.26 be provided to victims who have submitted a written request for notification as provided in​ 34.27 paragraph (c).​ 34.28 (e) The rights under this subdivision are in addition to rights available to a victim under​ 34.29 chapter 611A. This provision does not give a victim all the rights of a "notified person" or​ 34.30 a person "entitled to statutory notice" under subdivision 4a, 4b, or 5 or section 253D.14.​ 34.31 EFFECTIVE DATE. This section is effective the day following final enactment.​ 34.32 Sec. 4. Minnesota Statutes 2022, section 253D.14, subdivision 1, is amended to read:​ 34.33 Subdivision 1. Definitions. As used in this section:​ 34​ Article 2 Sec. 4.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 35.1 (1) "crime" has the meaning given to "violent crime" in section 609.1095, and includes​ 35.2 criminal sexual conduct in the fifth degree and offenses within the definition of "crime​ 35.3 against the person" in section 253B.02, subdivision 4e, and also includes offenses listed in​ 35.4 section 253D.02, subdivision 8, paragraph (b), regardless of whether they are sexually​ 35.5 motivated;​ 35.6 (2) "victim" means a person who has incurred loss or harm as a result of a crime, the​ 35.7 behavior for which forms the basis for a commitment under this chapter, and includes the​ 35.8 family members, guardian, conservator, or custodian of a minor, incompetent, incapacitated,​ 35.9 or deceased person; and​ 35.10 (3) "convicted" and "conviction" have the meanings given in section 609.02, subdivision​ 35.11 5, and also include juvenile court adjudications, findings under Minnesota Rules of Criminal​ 35.12 Procedure, rule 20.02, that the elements of a crime have been proved, and findings in​ 35.13 commitment cases under this section or section 253B.18, that an act or acts constituting a​ 35.14 crime occurred.​ 35.15 EFFECTIVE DATE. This section is effective the day following final enactment.​ 35.16 Sec. 5. Minnesota Statutes 2023 Supplement, section 609.35, is amended to read:​ 35.17 609.35 COSTS OF MEDICAL EXAMINATION.​ 35.18 (a) Costs incurred by a hospital or other emergency medical facility or by a physician,​ 35.19 sexual assault nurse examiner, forensic nurse, or other licensed health care provider for the​ 35.20 examination of a victim of criminal sexual conduct that occurred in the state shall be paid​ 35.21 by the state. These costs include, but are not limited to, the cost of the medical forensic​ 35.22 examination, associated tests and treatments relating to sexually transmitted infection, and​ 35.23 pregnancy status, including emergency contraception. A hospital, emergency medical facility,​ 35.24 or health care provider shall submit the costs for examination and any associated tests and​ 35.25 treatment to the Office of Justice Programs for payment. Upon receipt of the costs, the​ 35.26 commissioner shall provide payment to the facility or health care provider. Reimbursement​ 35.27 for an examination and any associated test and treatments shall not exceed $1,400. Beginning​ 35.28 on January 1, 2024, the maximum amount of an award shall be adjusted annually by the​ 35.29 inflation rate.​ 35.30 (b) Nothing in this section shall be construed to limit the duties, responsibilities, or​ 35.31 liabilities of any insurer, whether public or private. The hospital or other licensed health​ 35.32 care provider performing the examination may seek insurance reimbursement from the​ 35.33 victim's insurer only if authorized by the victim. This authorization may only be sought​ 35​ Article 2 Sec. 5.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 36.1 after the examination is performed. When seeking this authorization, the hospital or other​ 36.2 licensed health care provider shall inform the victim that if the victim does not authorize​ 36.3 this, the state is required by law to pay for the examination and that the victim is in no way​ 36.4 liable for these costs or obligated to authorize the reimbursement.​ 36.5 (c) The applicability of this section does not depend upon whether the victim reports​ 36.6 the offense to law enforcement or the existence or status of any investigation or prosecution.​ 36.7 (d) Requests for reimbursement and supporting documents are private data on individuals​ 36.8 as defined in section 13.02, subdivision 12.​ 36.9 EFFECTIVE DATE. This section is effective the day following final enactment and​ 36.10 applies to data requests received before that date if the responsible authority has not yet​ 36.11 provided a response.​ 36.12 Sec. 6. Minnesota Statutes 2023 Supplement, section 611A.039, subdivision 1, is amended​ 36.13 to read:​ 36.14 Subdivision 1. Notice required. (a) Except as otherwise provided in subdivision 2,​ 36.15 within 15 working days after a conviction, acquittal, or dismissal in a criminal case in which​ 36.16 there is an identifiable crime victim, the prosecutor shall make reasonable good faith efforts​ 36.17 to provide to each affected crime victim oral or written notice of the final disposition of the​ 36.18 case and of the victim rights under section 611A.06. When the court is considering modifying​ 36.19 the sentence for a felony or a crime of violence or an attempted crime of violence, the​ 36.20 prosecutor shall make a reasonable and good faith effort to notify the victim of the crime.​ 36.21 If the victim is incapacitated or deceased, notice must be given to the victim's family. If the​ 36.22 victim is a minor, notice must be given to the victim's parent or guardian. The notice must​ 36.23 include:​ 36.24 (1) the date and approximate time of the review;​ 36.25 (2) the location where the review will occur;​ 36.26 (3) the name and telephone number of a person to contact for additional information;​ 36.27 and​ 36.28 (4) a statement that the victim and victim's family may provide input to the court​ 36.29 concerning the sentence modification.​ 36.30 (b) The Office of Justice Programs in the Department of Public Safety shall develop and​ 36.31 update a model notice of postconviction rights under this subdivision and section 611A.06.​ 36.32 (c) As used in this section,:​ 36​ Article 2 Sec. 6.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 37.1 (1) "crime of violence" has the meaning given in section 624.712, subdivision 5, and​ 37.2 also includes violations of section 609.3458, gross misdemeanor violations of section​ 37.3 609.224, and nonfelony violations of sections 518B.01, 609.2231, 609.3451, 609.748, and​ 37.4 609.749.; and​ 37.5 (2) "victim" has the meaning given in section 611A.01, paragraph (b).​ 37.6 EFFECTIVE DATE. This section is effective the day following final enactment.​ 37.7 Sec. 7. Minnesota Statutes 2022, section 611A.06, is amended by adding a subdivision to​ 37.8 read:​ 37.9 Subd. 2a. Notice of end-of-confinement review committee process and opportunity​ 37.10 to provide input. If an individual scheduled to be released from imprisonment is subject​ 37.11 to an end-of-confinement review under section 244.052, the commissioner of corrections​ 37.12 shall make a good faith effort to notify the victim of the end-of-confinement review process​ 37.13 and that the victim has a right to submit written input for consideration at the​ 37.14 end-of-confinement review hearing. The victim has a continuing right to submit input if the​ 37.15 end-of-confinement review committee receives a request to reassess the individual's assigned​ 37.16 risk level. These notices shall only be provided to victims who have submitted a written​ 37.17 request for this notice to the commissioner of corrections or an electronic request through​ 37.18 the Department of Corrections electronic victim notification system. The good faith effort​ 37.19 to notify the victim must occur before the offender's end-of-confinement review hearing​ 37.20 and provide sufficient time for the input to be considered in the end-of-confinement​ 37.21 determination.​ 37.22 Sec. 8. Minnesota Statutes 2022, section 611A.212, subdivision 1, is amended to read:​ 37.23 Subdivision 1. Grants. The commissioner of public safety shall award grants for​ 37.24 statewide organizations to provide subgrants, support, resources, and technical assistance​ 37.25 to sexual assault programs that provide sexual assault primary prevention services to prevent​ 37.26 initial perpetration or victimization of sexual assault.​ 37.27 Sec. 9. Minnesota Statutes 2023 Supplement, section 611A.52, subdivision 5, is amended​ 37.28 to read:​ 37.29 Subd. 5. Collateral source. "Collateral source" means a source of benefits or advantages​ 37.30 for economic loss otherwise reimbursable under sections 611A.51 to 611A.68 which the​ 37.31 victim or claimant has received, or which is readily available to the victim, from:​ 37.32 (1) the offender;​ 37​ Article 2 Sec. 9.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 38.1 (2) the government of the United States or any agency thereof, a state or any of its​ 38.2 political subdivisions, or an instrumentality of two or more states, unless the law providing​ 38.3 for the benefits or advantages makes them excess or secondary to benefits under sections​ 38.4 611A.51 to 611A.68;​ 38.5 (3) Social Security, Medicare, and Medicaid;​ 38.6 (4) state required temporary nonoccupational disability insurance;​ 38.7 (5) workers' compensation;​ 38.8 (6) wage continuation programs of any employer;​ 38.9 (7) proceeds of a contract of insurance payable to the victim for economic loss sustained​ 38.10 because of the crime;​ 38.11 (8) a contract providing prepaid hospital and other health care services, or benefits for​ 38.12 disability; or​ 38.13 (9) any private source as a voluntary donation or gift; or​ 38.14 (10) (9) proceeds of a lawsuit brought as a result of the crime.​ 38.15 The term does not include a life insurance contract or benefits from any private source​ 38.16 provided as a voluntary donation or gift.​ 38.17 EFFECTIVE DATE. This section is effective the day following final enactment.​ 38.18 Sec. 10. Minnesota Statutes 2022, section 611A.73, subdivision 4, is amended to read:​ 38.19 Subd. 4. Victim. "Victim" refers to anyone or the next of kin of anyone who has been​ 38.20 or purports to have been subjected to a criminal act, whether a felony, a gross misdemeanor,​ 38.21 or misdemeanor has the meaning given in section 611A.01, paragraph (b).​ 38.22 EFFECTIVE DATE. This section is effective the day following final enactment.​ 38.23 Sec. 11. Minnesota Statutes 2022, section 629.72, subdivision 1, is amended to read:​ 38.24 Subdivision 1. Definitions. (a) For purposes of this section, the following terms have​ 38.25 the meanings given them.​ 38.26 (b) "Domestic abuse" has the meaning given in section 518B.01, subdivision 2.​ 38.27 (c) "Harass" and "stalking" have the meanings given in section 609.749.​ 38.28 (d) "Violation of a domestic abuse no contact order" has the meaning given in section​ 38.29 629.75.​ 38​ Article 2 Sec. 11.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 39.1 (e) "Violation of an order for protection" has the meaning given in section 518B.01,​ 39.2 subdivision 14.​ 39.3 (f) "Victim" has the meaning in section 611A.01, paragraph (b).​ 39.4 EFFECTIVE DATE. This section is effective the day following final enactment.​ 39.5 Sec. 12. Minnesota Statutes 2022, section 629.72, subdivision 7, is amended to read:​ 39.6 Subd. 7. Notice to victim regarding bail hearing. (a) When a person arrested for or a​ 39.7 juvenile detained for domestic assault or harassing or stalking is scheduled to be reviewed​ 39.8 under subdivision 2 for release from pretrial detention, the court shall make a reasonable​ 39.9 good faith effort to notify:​ 39.10 (1) the victim of the alleged crime;.​ 39.11 (2) if the victim is incapacitated or deceased, the victim's family; and​ 39.12 (3) if the victim is a minor, the victim's parent or guardian.​ 39.13 (b) The notification must include:​ 39.14 (1) the date and approximate time of the review;​ 39.15 (2) the location where the review will occur;​ 39.16 (3) the name and telephone number of a person that can be contacted for additional​ 39.17 information; and​ 39.18 (4) a statement that the victim and the victim's family may attend the review.​ 39.19 EFFECTIVE DATE. This section is effective the day following final enactment.​ 39.20 Sec. 13. Minnesota Statutes 2022, section 629.725, is amended to read:​ 39.21 629.725 NOTICE TO VICTIM REGARDING BAIL HEARING OF ARRESTED​ 39.22 OR DETAINED PERSON.​ 39.23 (a) When a person arrested or a juvenile detained for a crime of violence or an attempted​ 39.24 crime of violence is scheduled to be reviewed under section 629.715 for release from pretrial​ 39.25 detention, the court shall make a reasonable and good faith effort to notify the victim of the​ 39.26 alleged crime. If the victim is incapacitated or deceased, notice must be given to the victim's​ 39.27 family. If the victim is a minor, notice must be given to the victim's parent or guardian. The​ 39.28 notification must include:​ 39.29 (1) the date and approximate time of the review;​ 39​ Article 2 Sec. 13.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 40.1 (2) the location where the review will occur;​ 40.2 (3) the name and telephone number of a person that can be contacted for additional​ 40.3 information; and​ 40.4 (4) a statement that the victim and the victim's family may attend the review.​ 40.5 (b) As used in this section,:​ 40.6 (1) "crime of violence" has the meaning given it in section 624.712, subdivision 5, and​ 40.7 also includes:​ 40.8 (1) (i) sections 609.2112, 609.2113, 609.2114, and 609.3458;​ 40.9 (2) (ii) gross misdemeanor violations of section 609.224;​ 40.10 (3) (iii) nonfelony violations of sections 518B.01, 609.2231, 609.3451, 609.748, and​ 40.11 609.749; and​ 40.12 (4) (iv) Minnesota Statutes 2012, section 609.21.; and​ 40.13 (2) "victim" has the meaning given in section 611A.01, paragraph (b).​ 40.14 EFFECTIVE DATE. This section is effective the day following final enactment.​ 40.15 Sec. 14. Minnesota Statutes 2022, section 629.73, subdivision 1, is amended to read:​ 40.16 Subdivision 1. Oral notice. When a person arrested or a juvenile detained for a crime​ 40.17 of violence or an attempted crime of violence is about to be released from pretrial detention,​ 40.18 the agency having custody of the arrested or detained person or its designee shall make a​ 40.19 reasonable and good faith effort before release to inform orally the victim or, if the victim​ 40.20 is incapacitated, the same or next of kin, or if the victim is a minor, the victim's parent or​ 40.21 guardian of the following matters:​ 40.22 (1) the conditions of release, if any;​ 40.23 (2) the time of release;​ 40.24 (3) the time, date, and place of the next scheduled court appearance of the arrested or​ 40.25 detained person and, where applicable, the victim's right to be present at the court appearance;​ 40.26 and​ 40.27 (4) the location and telephone number of at least one area crime victim service provider​ 40.28 as designated by the Office of Justice Programs in the Department of Public Safety.​ 40.29 EFFECTIVE DATE. This section is effective the day following final enactment.​ 40​ Article 2 Sec. 14.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 41.1 Sec. 15. Minnesota Statutes 2022, section 629.73, is amended by adding a subdivision to​ 41.2 read:​ 41.3 Subd. 4. Definition, As used in this section, "victim" has the meaning given in section​ 41.4 611A.01, paragraph (b).​ 41.5 EFFECTIVE DATE. This section is effective the day following final enactment.​ 41.6 ARTICLE 3​ 41.7 LAW ENFORCEMENT PROVISIONS​ 41.8 Section 1. [169.905] TRAFFIC STOP; QUESTIONING LIMITED.​ 41.9 A peace officer making a traffic stop for a violation of this chapter or chapter 168 must​ 41.10 not ask if the operator can identify the reason for the stop. A peace officer making such a​ 41.11 traffic stop must inform the vehicle's operator of a reason for the stop unless it would be​ 41.12 unreasonable to do so under the totality of the circumstances. A peace officer's failure to​ 41.13 comply with this section must not serve as the basis for exclusion of evidence or dismissal​ 41.14 of a charge or citation. Section 645.241 does not apply to violations of this section.​ 41.15 Sec. 2. Minnesota Statutes 2023 Supplement, section 214.10, subdivision 10, is amended​ 41.16 to read:​ 41.17 Subd. 10. Board of Peace Officers Standards and Training; receipt of​ 41.18 complaint. Notwithstanding the provisions of subdivision 1 to the contrary, when the​ 41.19 executive director or any member of the Board of Peace Officer Standards and Training​ 41.20 produces or receives a written statement or complaint that alleges a violation of a statute or​ 41.21 rule that the board is empowered to enforce, the executive director shall designate the​ 41.22 appropriate law enforcement agency to investigate the complaint and may order it an​ 41.23 appropriate law enforcement agency to conduct an inquiry into the complaint's allegations.​ 41.24 If directed to complete an investigation, the investigating agency must complete the inquiry​ 41.25 and submit a written summary of it to the executive director within 30 days of the order for​ 41.26 inquiry.​ 41.27 Sec. 3. [219.995] RAILROAD PEACE OFFICERS.​ 41.28 Subdivision 1. Chief law enforcement officer. A railroad that intends to employ railroad​ 41.29 peace officers as defined in section 626.84, subdivision 1, paragraph (h), shall appoint a​ 41.30 chief law enforcement officer to oversee and take responsibility for all railroad peace officers​ 41.31 employed by the railroad. The chief law enforcement officer of a railroad company must​ 41​ Article 3 Sec. 3.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 42.1 be a Minnesota-licensed peace officer. Before appointing a railroad chief law enforcement​ 42.2 officer, the railroad must submit a request for license for a license-eligible applicant, or a​ 42.3 notice of appointment for an officer already licensed in Minnesota, to the Board of Peace​ 42.4 Officer Standards and Training attesting that the appointee has met all education, training,​ 42.5 and minimum selection standards in Minnesota Rules, chapter 6700. The appointee may​ 42.6 not exercise peace officer powers until the request for license or notification form is received​ 42.7 and approved by the board.​ 42.8 Subd. 2. Railroad; employment of peace officers. After appointing a railroad chief​ 42.9 law enforcement officer, a railroad may employ railroad peace officers to aid and supplement​ 42.10 law enforcement agencies in the protection of property owned by or in the care, custody,​ 42.11 or control of a railroad and to protect the persons and property of railroad passengers and​ 42.12 employees.​ 42.13 Subd. 3. Responsibilities of railroad company. A railroad company that employs​ 42.14 railroad peace officers must cooperate with the Board of Peace Officer Standards and​ 42.15 Training with respect to the board's authority to oversee peace officer licensing. Upon​ 42.16 request by the board, a railroad company that employs railroad peace officers must share​ 42.17 or produce any public, private, or confidential data that the board has the authority to request​ 42.18 from other state and local law enforcement agencies. Failure by the railroad company to​ 42.19 comply with the board's exercise of its regulatory and oversight authority may result in​ 42.20 implementation of sanctions as described in subdivision 7.​ 42.21 Subd. 4. Duties of railroad chief law enforcement officer. A railroad chief law​ 42.22 enforcement officer has the same duties and responsibilities as the chief law enforcement​ 42.23 officer of any state or local law enforcement agency, including but not limited to appointing​ 42.24 and supervising peace officers, ensuring ongoing continuing education of peace officers,​ 42.25 maintaining agency and peace officer records, reporting misconduct and policy compliance,​ 42.26 and any other duty or responsibility described in chapter 626 or Minnesota Rules, chapter​ 42.27 6700.​ 42.28 Subd. 5. Authority; limitation. (a) Except as otherwise provided by this section, a​ 42.29 railroad peace officer has all powers and privileges of a licensed peace officer in this state​ 42.30 in connection with the prevention, investigation, arrest, or prosecution of an offense occurring​ 42.31 on railroad property and involving injury to passengers or employees of a railroad or​ 42.32 involving an offense against property owned by or in the care, custody, or control of a​ 42.33 railroad. A railroad peace officer's law enforcement powers shall apply only on railroad​ 42.34 property, except that an officer may exercise the authority given to peace officers under​ 42.35 section 629.40, subdivisions 2 and 4. If a search warrant is obtained by a railroad peace​ 42​ Article 3 Sec. 3.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 43.1 officer, the officer shall notify the chief of police of an organized full-time police department​ 43.2 of the municipality or, if there is no local chief of police, the sheriff or a deputy sheriff of​ 43.3 the county in which service of the warrant is to be made, prior to execution.​ 43.4 (b) A railroad must not direct, require, or allow a railroad peace officer to enforce a​ 43.5 railroad's rules, policies, or procedures that are unrelated to the commission of a criminal​ 43.6 offense, or investigate any matter involving civil litigation by or against a railroad. A railroad​ 43.7 company that employs railroad peace officers must adopt or update any applicable policy​ 43.8 to be consistent with this paragraph and must provide a copy of the policy to the​ 43.9 representatives of any labor organization that represents employees of the railroad, including​ 43.10 but not limited to any labor organization subject to the Federal Railway Labor Act.​ 43.11 Notwithstanding any law to the contrary, a railroad peace officer who makes a representation​ 43.12 of being a peace officer and performs or attempts to perform any of those acts is subject to​ 43.13 discipline as if the peace officer violated the standards of conduct set forth in Minnesota​ 43.14 Rules, chapter 6700.​ 43.15 Subd. 6. Licensing. The Board of Peace Officer Standards and Training shall license​ 43.16 railroad peace officers appointed by the railroad's chief law enforcement officer under​ 43.17 subdivision 1 who meet the board's standards for peace officer licensure under chapter 626​ 43.18 and Minnesota Rules, chapter 6700. Except as otherwise provided in this section, railroad​ 43.19 peace officers are subject to all of the provisions applicable to peace officers under chapter​ 43.20 626 and Minnesota Rules, chapter 6700.​ 43.21 Subd. 7. Immediate suspension of authority. At the sole discretion of the Board of​ 43.22 Peace Officer Standards and Training, the board may immediately suspend or revoke the​ 43.23 license of the chief law enforcement officer of a railroad company for any reason within​ 43.24 the board's jurisdiction. If the board suspends or revokes the license of the chief law​ 43.25 enforcement officer, the railroad's law enforcement agency shall be deemed disbanded and​ 43.26 the licenses of all peace officers on the railroad agency roster will be placed in inactive​ 43.27 status. The requirement to place a peace officer's license in inactive status does not apply​ 43.28 to a railroad peace officer who also works as a licensed peace officer for a different law​ 43.29 enforcement agency in Minnesota, but such an officer must no longer be designated a railroad​ 43.30 peace officer. Except as noted in this section, the licenses of railroad peace officers are​ 43.31 subject to the requirements, restrictions, and disciplinary procedures that apply to any other​ 43.32 licensed peace officer.​ 43.33 Subd. 8. Compensation; benefits; fees. (a) A railroad peace officer shall be compensated​ 43.34 by the railroad by which the officer is employed.​ 43​ Article 3 Sec. 3.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 44.1 (b) A railroad peace officer is not entitled to receive any compensation, benefits, or other​ 44.2 remuneration provided or required to be provided to other licensed peace officers by this​ 44.3 state or any political subdivision or agency of this state.​ 44.4 (c) A railroad peace officer may attend any training course offered to peace officers of​ 44.5 this state, provided that railroad peace officers pay reasonable tuition and costs.​ 44.6 Subd. 9. Railroad liability. A railroad company employing a railroad peace officer in​ 44.7 this state is liable for all acts, errors, and omissions of a railroad peace officer occurring in​ 44.8 the course and scope of the peace officer's employment by the railroad and shall indemnify​ 44.9 its peace officers for civil damages, penalties, or fines claimed or levied against the officer​ 44.10 according to section 181.970. Neither this state nor any political subdivision or agency of​ 44.11 the state is liable for any act, error, or omission of a railroad peace officer.​ 44.12 Subd. 10. Construction. Nothing in this section shall be construed to limit or in any​ 44.13 way restrict the rights, powers, or privileges granted to a peace officer in this state who is​ 44.14 not a railroad peace officer.​ 44.15 Sec. 4. Minnesota Statutes 2022, section 626.05, subdivision 2, is amended to read:​ 44.16 Subd. 2. Peace officer. The term "peace officer," as used in sections 626.04 to 626.17,​ 44.17 means a person who is licensed as a peace officer in accordance with section 626.84,​ 44.18 subdivision 1, and who serves as a sheriff, deputy sheriff, police officer, conservation officer,​ 44.19 agent of the Bureau of Criminal Apprehension, agent of the Division of Alcohol and​ 44.20 Gambling Enforcement, peace officer of the Commerce Fraud Bureau, University of​ 44.21 Minnesota peace officer, Metropolitan Transit police officer, Minnesota Department of​ 44.22 Corrections Fugitive Apprehension Unit member, or State Patrol trooper as authorized by​ 44.23 section 299D.03, or railroad peace officer as authorized by section 219.995 and United​ 44.24 States Code, title 49, section 28101.​ 44.25 Sec. 5. [626.223] ODOR OF CANNABIS; SEARCH PROHIBITED.​ 44.26 A peace officer's perception of the odor of cannabis shall not serve as the sole basis to​ 44.27 search a motor vehicle, or to search the driver, passengers, or any of the contents of a motor​ 44.28 vehicle.​ 44​ Article 3 Sec. 5.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 45.1 Sec. 6. Minnesota Statutes 2022, section 626.5534, is amended to read:​ 45.2 626.5534 USE OF FORCE REPORTING; INDEPENDENT INVESTIGATIONS​ 45.3 REQUIRED.​ 45.4 Subdivision 1. Report required. A chief law enforcement officer must provide the​ 45.5 information requested by the Federal Bureau of Investigation about each incident of law​ 45.6 enforcement use of force resulting in serious bodily injury or death, as those terms are​ 45.7 defined in the Federal Bureau of Investigation's reporting requirements, to the superintendent​ 45.8 of the Bureau of Criminal Apprehension. The superintendent shall adopt a reporting form​ 45.9 for use by law enforcement agencies in making the report required under this section. The​ 45.10 report must include for each incident all of the information requested by the Federal Bureau​ 45.11 of Investigation.​ 45.12 Subd. 2. Use of information collected. A chief law enforcement officer must file the​ 45.13 report under subdivision 1 once a month in the form required by the superintendent. The​ 45.14 superintendent must summarize and analyze the information received and submit an annual​ 45.15 written report to the chairs and ranking minority members of the house of representatives​ 45.16 and senate committees with jurisdiction over public safety. The superintendent shall submit​ 45.17 the information to the Federal Bureau of Investigation.​ 45.18 Subd. 3. Independent investigations required. (a) The Use of Force Investigations​ 45.19 Unit within the Bureau of Criminal Apprehension must investigate any officer-involved​ 45.20 death as defined in section 299C.80, subdivision 1, paragraph (c), unless the subject of the​ 45.21 investigation is a peace officer employed by the Bureau of Criminal Apprehension. Section​ 45.22 299C.80, subdivision 4, applies to an officer-involved death investigation of a peace officer​ 45.23 employed by the Bureau of Criminal Apprehension.​ 45.24 (b) Law enforcement agencies must fully cooperate with and promptly respond to requests​ 45.25 for information from the entity conducting an investigation mandated under paragraph (a).​ 45.26 (c) An entity that conducts an investigation under this subdivision must prepare a report​ 45.27 detailing the entity's investigation and promptly deliver the report to the prosecutor for the​ 45.28 county in which the incident occurred. If a prosecuting authority determines that there is​ 45.29 no basis to file charges against a peace officer involved in the incident, the prosecutor must​ 45.30 simultaneously publicly disclose the prosecutor's determination and all inactive investigative​ 45.31 data in the report that are public under section 13.82, subdivision 7, or other applicable law.​ 45.32 The prosecutor must cooperate with the entity that conducted the investigation in determining​ 45.33 what data in the report must be publicly disclosed.​ 45​ Article 3 Sec. 6.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 46.1 Sec. 7. Minnesota Statutes 2022, section 626.84, subdivision 1, is amended to read:​ 46.2 Subdivision 1. Definitions. For purposes of sections 626.84 to 626.863, the following​ 46.3 terms have the meanings given them:​ 46.4 (a) "Board" means the Board of Peace Officer Standards and Training.​ 46.5 (b) "Director" means the executive director of the board.​ 46.6 (c) "Peace officer" means:​ 46.7 (1) an employee or an elected or appointed official of a political subdivision or law​ 46.8 enforcement agency who is licensed by the board, charged with the prevention and detection​ 46.9 of crime and the enforcement of the general criminal laws of the state and who has the full​ 46.10 power of arrest, and shall also include the Minnesota State Patrol, agents of the Division of​ 46.11 Alcohol and Gambling Enforcement, state conservation officers, Metropolitan Transit police​ 46.12 officers, Department of Corrections Fugitive Apprehension Unit officers, and Department​ 46.13 of Commerce Fraud Bureau Unit officers, and the statewide coordinator of the Violent​ 46.14 Crime Coordinating Council, and railroad peace officers as authorized by section 219.995​ 46.15 and United States Code, title 49, section 28101; and​ 46.16 (2) a peace officer who is employed by a law enforcement agency of a federally​ 46.17 recognized tribe, as defined in United States Code, title 25, section 450b(e), and who is​ 46.18 licensed by the board.​ 46.19 (d) "Part-time peace officer" means an individual licensed by the board whose services​ 46.20 are utilized by law enforcement agencies no more than an average of 20 hours per week,​ 46.21 not including time spent on call when no call to active duty is received, calculated on an​ 46.22 annual basis, who has either full powers of arrest or authorization to carry a firearm while​ 46.23 on active duty. The term shall apply even though the individual receives no compensation​ 46.24 for time spent on active duty, and shall apply irrespective of the title conferred upon the​ 46.25 individual by any law enforcement agency.​ 46.26 (e) "Reserve officer" means an individual whose services are utilized by a law​ 46.27 enforcement agency to provide supplementary assistance at special events, traffic or crowd​ 46.28 control, and administrative or clerical assistance, and shall include reserve deputies, special​ 46.29 deputies, mounted or unmounted patrols, and all other employees or volunteers performing​ 46.30 reserve officer functions. A reserve officer's duties do not include enforcement of the general​ 46.31 criminal laws of the state, and the officer does not have full powers of arrest or authorization​ 46.32 to carry a firearm on duty.​ 46.33 (f) "Law enforcement agency" means:​ 46​ Article 3 Sec. 7.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 47.1 (1) a unit of state or local government that is authorized by law to grant full powers of​ 47.2 arrest and to charge a person with the duties of preventing and detecting crime and enforcing​ 47.3 the general criminal laws of the state; and​ 47.4 (2) subject to the limitations in section 626.93, a law enforcement agency of a federally​ 47.5 recognized tribe, as defined in United States Code, title 25, section 450b(e).; and​ 47.6 (3) subject to the limitation of section 219.995, a railroad company.​ 47.7 (g) "Professional peace officer education" means a postsecondary degree program, or a​ 47.8 nondegree program for persons who already have a college degree, that is offered by a​ 47.9 college or university in Minnesota, designed for persons seeking licensure as a peace officer,​ 47.10 and approved by the board.​ 47.11 (h) "Railroad peace officer" means an individual as authorized under United States Code,​ 47.12 title 49, section 28101:​ 47.13 (1) employed by a railroad for the purpose of aiding and supplementing law enforcement​ 47.14 agencies in the protection of property owned by or in the care, custody, or control of a​ 47.15 railroad and to protect the persons and property of railroad passengers and employees; and​ 47.16 (2) licensed by the board.​ 47.17 Sec. 8. Minnesota Statutes 2022, section 626.8435, subdivision 1, is amended to read:​ 47.18 Subdivision 1. Establishment and membership. The Ensuring Police Excellence and​ 47.19 Improving Community Relations Public Safety Advisory Council is established under the​ 47.20 Peace Officer Standards and Training Board. The council consists of the following 15​ 47.21 members:​ 47.22 (1) the superintendent of the Bureau of Criminal Apprehension, or a designee;​ 47.23 (2) the executive director of the Peace Officer Standards and Training Board, or a​ 47.24 designee;​ 47.25 (3) the executive director of the Minnesota Police and Peace Officers Association, or a​ 47.26 designee;​ 47.27 (4) the executive director of the Minnesota Sheriffs' Association, or a designee;​ 47.28 (5) the executive director of the Minnesota Chiefs of Police Association, or a designee;​ 47.29 (6) six community members, of which:​ 47.30 (i) four members shall represent the community-specific boards established under sections​ 47.31 15.0145 and 3.922, reflecting one appointment made by each board;​ 47​ Article 3 Sec. 8.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 48.1 (ii) one member shall be a mental health advocate and shall be appointed by the Minnesota​ 48.2 chapter of the National Alliance on Mental Illness; and​ 48.3 (iii) one member shall be an advocate for victims and shall be appointed by Violence​ 48.4 Free Minnesota; and​ 48.5 (7) four members appointed by the legislature, of which one shall be appointed by the​ 48.6 speaker of the house, one by the house minority leader, one by the senate majority leader,​ 48.7 and one by the senate minority leader.​ 48.8 The appointing authorities shall make their appointments by September 15, 2020, and​ 48.9 shall ensure geographical balance when making appointments.​ 48.10 Sec. 9. [626.8437] TRAINING IN EXCITED DELIRIUM AND SIMILAR TERMS​ 48.11 PROHIBITED.​ 48.12 Subdivision 1. Definition. For the purposes of this chapter, "excited delirium" means a​ 48.13 description of a person's state of agitation, excitability, paranoia, extreme aggression, physical​ 48.14 violence, and apparent immunity to pain that is not listed in the most current version of the​ 48.15 Diagnostic and Statistical Manual of Mental Disorders, or for which there is insufficient​ 48.16 scientific evidence or diagnostic criteria to be recognized as a medical condition. Excited​ 48.17 delirium includes excited delirium syndrome, hyperactive delirium, agitated delirium,​ 48.18 exhaustive mania, and similar terms.​ 48.19 Subd. 2. No continuing education credits or tuition reimbursement. (a) The board​ 48.20 may not certify a continuing education course that includes training on the detection or use​ 48.21 of the term excited delirium.​ 48.22 (b) The board may not grant continuing education credit to a peace officer for a course​ 48.23 that includes training on the detection or use of the term excited delirium.​ 48.24 (c) The board may not reimburse a law enforcement agency or a peace officer for a​ 48.25 course that includes training on the detection or use of the term excited delirium.​ 48.26 Subd. 3. Training prohibited. A law enforcement agency may not provide, directly or​ 48.27 through a third party, to a peace officer any course that includes training on the detection​ 48.28 or use of excited delirium. This section does not prohibit peace officer training in responding​ 48.29 to and the proper care of a person in crisis.​ 48​ Article 3 Sec. 9.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 49.1 Sec. 10. Minnesota Statutes 2022, section 626.8457, subdivision 3, is amended to read:​ 49.2 Subd. 3. Report on alleged misconduct; database; report. (a) A chief law enforcement​ 49.3 officer shall report annually to the board summary data regarding the investigation and​ 49.4 disposition of cases involving alleged misconduct, indicating the total number of​ 49.5 investigations, the total number by each subject matter, the number dismissed as unfounded,​ 49.6 and the number dismissed on grounds that the allegation was unsubstantiated.​ 49.7 (b) Beginning July 1, 2021, a chief law enforcement officer, in real time, must submit​ 49.8 individual peace officer data classified as public data on individuals, as defined by section​ 49.9 13.02, subdivision 15, or private data on individuals, as defined by section 13.02, subdivision​ 49.10 12, and submitted using encrypted data that the board determines is necessary to:​ 49.11 (1) evaluate the effectiveness of statutorily required training;​ 49.12 (2) assist the Ensuring Police Excellence and Improving Community Relations Public​ 49.13 Safety Advisory Council in accomplishing the council's duties; and​ 49.14 (3) allow for the board, the Ensuring Police Excellence and Improving Community​ 49.15 Relations Public Safety Advisory Council, and the board's complaint investigation committee​ 49.16 to identify patterns of behavior that suggest an officer is in crisis or is likely to violate a​ 49.17 board-mandated model policy.​ 49.18 (c) The reporting obligation in paragraph (b) is ongoing. A chief law enforcement officer​ 49.19 must update data within 30 days of final disposition of a complaint or investigation.​ 49.20 (d) Law enforcement agencies and political subdivisions are prohibited from entering​ 49.21 into a confidentiality agreement that would prevent disclosure of the data identified in​ 49.22 paragraph (b) to the board. Any such confidentiality agreement is void as to the requirements​ 49.23 of this section.​ 49.24 (e) By February 1 of each year, the board shall prepare a report that contains summary​ 49.25 data provided under paragraph (b). The board must post the report on its publicly accessible​ 49.26 website and provide a copy to the chairs and ranking minority members of the senate and​ 49.27 house of representatives committees and divisions having jurisdiction over criminal justice​ 49.28 policy.​ 49.29 Sec. 11. ANOKA COUNTY; JAIL AND CRIMINAL JUSTICE CENTER.​ 49.30 Subdivision 1. Jail and criminal justice center. Notwithstanding Minnesota Statutes,​ 49.31 section 373.05, Anoka County may build a jail and criminal justice center in any city located​ 49.32 within the county to replace the current jail located in the city of Anoka.​ 49​ Article 3 Sec. 11.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 50.1 Subd. 2. Sheriff's office. Notwithstanding Minnesota Statutes, section 382.04, the sheriff​ 50.2 of Anoka County may keep office in the jail and criminal justice center authorized under​ 50.3 subdivision 1 instead of in the county seat.​ 50.4 EFFECTIVE DATE. This section is effective the day following final enactment.​ 50.5 ARTICLE 4​ 50.6 MISCELLANEOUS CRIMINAL JUSTICE PROVISIONS​ 50.7 Section 1. [3C.20] IDENTIFICATION, COLLECTION, AND PUBLICATION OF​ 50.8 LAWS REGARDING COLLATERAL CONSEQUENCES.​ 50.9 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms have​ 50.10 the meanings given.​ 50.11 (b) "Collateral consequence" means a collateral sanction or a disqualification.​ 50.12 (c) "Collateral sanction" means a penalty, disability, or disadvantage, however​ 50.13 denominated, imposed on an individual as a result of the individual's conviction of an offense​ 50.14 that applies by operation of law whether or not the penalty, disability, or disadvantage is​ 50.15 included in the judgment or sentence. Collateral sanction does not include imprisonment,​ 50.16 probation, parole, supervised release, forfeiture, restitution, fine, assessment, or costs of​ 50.17 prosecution.​ 50.18 (d) "Conviction" or "convicted" includes a child adjudicated delinquent.​ 50.19 (e) "Disqualification" means a penalty, disability, or disadvantage, however denominated,​ 50.20 that an administrative agency, governmental official, or court in a civil proceeding is​ 50.21 authorized but not required to impose on an individual on grounds relating to the individual's​ 50.22 conviction of an offense.​ 50.23 (f) "Offense" means a felony, gross misdemeanor, misdemeanor, or adjudication as a​ 50.24 delinquent under the laws of this state, another state, or the United States.​ 50.25 Subd. 2. Revisor's duties. (a) The revisor of statutes shall:​ 50.26 (1) identify or cause to be identified any provision in this state's constitution, statutes,​ 50.27 and administrative rules that imposes a collateral sanction or authorizes the imposition of​ 50.28 a disqualification, and any provision of law that may afford relief from a collateral​ 50.29 consequence;​ 50​ Article 4 Section 1.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 51.1 (2) in a timely manner after the effective date of this section prepare a collection of​ 51.2 citations to, and the text or short descriptions of, the provisions identified under clause (1);​ 51.3 and​ 51.4 (3) annually update the collection in a timely manner after the regular or last special​ 51.5 session of the legislature in a calendar year.​ 51.6 In complying with clauses (1) and (2), the revisor may rely on the study of this state's​ 51.7 collateral sanctions, disqualifications, and relief provisions prepared by the National Institute​ 51.8 of Justice described in section 510 of the Court Security Improvement Act of 2007, Public​ 51.9 Law 110-177.​ 51.10 (b) The revisor of statutes shall include the following statements or substantially similar​ 51.11 language in a prominent manner at the beginning of the collection required under paragraph​ 51.12 (a):​ 51.13 (1) This collection has not been enacted into law and does not have the force of law.​ 51.14 (2) An error or omission in this collection or in any reference work cited in this collection​ 51.15 is not a reason for invalidating a plea, conviction, or sentence or for not imposing a collateral​ 51.16 sanction or authorizing a disqualification.​ 51.17 (3) The laws of other jurisdictions and local governments that impose additional collateral​ 51.18 sanctions and authorize additional disqualifications are not included in this collection.​ 51.19 (4) This collection does not include any law or other provision regarding the imposition​ 51.20 of or relief from a collateral sanction or a disqualification enacted or adopted after (date the​ 51.21 collection was prepared or last updated).​ 51.22 (c) The Office of the Revisor of Statutes shall publish the collection prepared and updated​ 51.23 as required under paragraph (a). If available, the revisor of statutes shall publish as part of​ 51.24 the collection the title and Internet address of the most recent collection of:​ 51.25 (1) the collateral consequences imposed by federal law; and​ 51.26 (2) any provision of federal law that may afford relief from a collateral consequence.​ 51.27 (d) The collection described under paragraph (c) must be available to the public on the​ 51.28 Internet without charge in a reasonable time after the collection is created or updated.​ 51.29 EFFECTIVE DATE. This section is effective January 1, 2025.​ 51​ Article 4 Section 1.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 52.1 Sec. 2. Minnesota Statutes 2022, section 260B.007, subdivision 6, is amended to read:​ 52.2 Subd. 6. Delinquent child. (a) Except as otherwise provided in paragraphs (b), and (c),​ 52.3 and (d), "delinquent child" means a child:​ 52.4 (1) who has violated any state or local law, except as provided in section 260B.225,​ 52.5 subdivision 1, and except for juvenile offenders as described in subdivisions 16 to 18;​ 52.6 (2) who has violated a federal law or a law of another state and whose case has been​ 52.7 referred to the juvenile court if the violation would be an act of delinquency if committed​ 52.8 in this state or a crime or offense if committed by an adult;​ 52.9 (3) who has escaped from confinement to a state juvenile correctional facility after being​ 52.10 committed to the custody of the commissioner of corrections; or​ 52.11 (4) who has escaped from confinement to a local juvenile correctional facility after being​ 52.12 committed to the facility by the court.​ 52.13 (b) The term delinquent child does not include a child alleged to have committed murder​ 52.14 in the first degree after becoming 16 years of age, but the term delinquent child does include​ 52.15 a child alleged to have committed attempted murder in the first degree.​ 52.16 (c) The term delinquent child does not include a child alleged to have engaged in conduct​ 52.17 which would, if committed by an adult, violate any federal, state, or local law relating to​ 52.18 being hired, offering to be hired, or agreeing to be hired by another individual to engage in​ 52.19 sexual penetration or sexual conduct.​ 52.20 (d) Effective August 1, 2026, and applied to acts committed on or after that date, the​ 52.21 term delinquent child does not include a child alleged to have committed a delinquent act​ 52.22 before becoming 13 years old.​ 52.23 Sec. 3. Minnesota Statutes 2022, section 260B.007, subdivision 16, is amended to read:​ 52.24 Subd. 16. Juvenile petty offender; juvenile petty offense. (a) "Juvenile petty offense"​ 52.25 includes a juvenile alcohol offense, a juvenile controlled substance offense, a violation of​ 52.26 section 609.685, or a violation of a local ordinance, which by its terms prohibits conduct​ 52.27 by a child under the age of 18 years which would be lawful conduct if committed by an​ 52.28 adult.​ 52.29 (b) Except as otherwise provided in paragraph (c), "juvenile petty offense" also includes​ 52.30 an offense that would be a misdemeanor if committed by an adult.​ 52.31 (c) "Juvenile petty offense" does not include any of the following:​ 52​ Article 4 Sec. 3.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 53.1 (1) a misdemeanor-level violation of section 518B.01, 588.20, 609.224, 609.2242,​ 53.2 609.324, subdivision 2 or 3, 609.5632, 609.576, 609.66, 609.746, 609.748, 609.79, or​ 53.3 617.23;​ 53.4 (2) a major traffic offense or an adult court traffic offense, as described in section​ 53.5 260B.225;​ 53.6 (3) a misdemeanor-level offense committed by a child whom the juvenile court previously​ 53.7 has found to have committed a misdemeanor, gross misdemeanor, or felony offense; or​ 53.8 (4) a misdemeanor-level offense committed by a child whom the juvenile court has​ 53.9 found to have committed a misdemeanor-level juvenile petty offense on two or more prior​ 53.10 occasions, unless the county attorney designates the child on the petition as a juvenile petty​ 53.11 offender notwithstanding this prior record. As used in this clause, "misdemeanor-level​ 53.12 juvenile petty offense" includes a misdemeanor-level offense that would have been a juvenile​ 53.13 petty offense if it had been committed on or after July 1, 1995.​ 53.14 (d) A child who commits a juvenile petty offense is a "juvenile petty offender." The​ 53.15 term juvenile petty offender does not include a child alleged to have violated any law relating​ 53.16 to being hired, offering to be hired, or agreeing to be hired by another individual to engage​ 53.17 in sexual penetration or sexual conduct which, if committed by an adult, would be a​ 53.18 misdemeanor.​ 53.19 (e) Effective August 1, 2026, and applied to acts committed on or after that date,​ 53.20 notwithstanding any contrary provision in paragraphs (a) to (d), a juvenile petty offender​ 53.21 does not include a child who is alleged to have committed a juvenile petty offense before​ 53.22 reaching the age of 13 years.​ 53.23 Sec. 4. [260B.009] DNA COLLECTION; PARENTAL CONSENT, COURT ORDER,​ 53.24 OR WARRANT REQUIRED.​ 53.25 (a) As used in this section, "DNA analysis" has the meaning given in section 299C.155.​ 53.26 (b) A biological specimen for the purpose of DNA analysis must not be taken from a​ 53.27 minor without the consent of the minor's parent or custodian, a court order, or a warrant.​ 53.28 (c) A minor whose biological specimen is collected in violation of paragraph (b) may​ 53.29 move the court to suppress the use, as evidence, of the results of the DNA analysis and for​ 53.30 destruction of the biological specimen.​ 53.31 EFFECTIVE DATE. This section is effective August 1, 2024, and applies to biological​ 53.32 specimens collected on or after that date.​ 53​ Article 4 Sec. 4.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 54.1 Sec. 5. Minnesota Statutes 2022, section 260C.007, subdivision 6, is amended to read:​ 54.2 Subd. 6. Child in need of protection or services. "Child in need of protection or​ 54.3 services" means a child who is in need of protection or services because the child:​ 54.4 (1) is abandoned or without parent, guardian, or custodian;​ 54.5 (2)(i) has been a victim of physical or sexual abuse as defined in section 260E.03,​ 54.6 subdivision 18 or 20, (ii) resides with or has resided with a victim of child abuse as defined​ 54.7 in subdivision 5 or domestic child abuse as defined in subdivision 13, (iii) resides with or​ 54.8 would reside with a perpetrator of domestic child abuse as defined in subdivision 13 or child​ 54.9 abuse as defined in subdivision 5 or 13, or (iv) is a victim of emotional maltreatment as​ 54.10 defined in subdivision 15;​ 54.11 (3) is without necessary food, clothing, shelter, education, or other required care for the​ 54.12 child's physical or mental health or morals because the child's parent, guardian, or custodian​ 54.13 is unable or unwilling to provide that care;​ 54.14 (4) is without the special care made necessary by a physical, mental, or emotional​ 54.15 condition because the child's parent, guardian, or custodian is unable or unwilling to provide​ 54.16 that care;​ 54.17 (5) is medically neglected, which includes, but is not limited to, the withholding of​ 54.18 medically indicated treatment from an infant with a disability with a life-threatening​ 54.19 condition. The term "withholding of medically indicated treatment" means the failure to​ 54.20 respond to the infant's life-threatening conditions by providing treatment, including​ 54.21 appropriate nutrition, hydration, and medication which, in the treating physician's, advanced​ 54.22 practice registered nurse's, or physician assistant's reasonable medical judgment, will be​ 54.23 most likely to be effective in ameliorating or correcting all conditions, except that the term​ 54.24 does not include the failure to provide treatment other than appropriate nutrition, hydration,​ 54.25 or medication to an infant when, in the treating physician's, advanced practice registered​ 54.26 nurse's, or physician assistant's reasonable medical judgment:​ 54.27 (i) the infant is chronically and irreversibly comatose;​ 54.28 (ii) the provision of the treatment would merely prolong dying, not be effective in​ 54.29 ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be​ 54.30 futile in terms of the survival of the infant; or​ 54.31 (iii) the provision of the treatment would be virtually futile in terms of the survival of​ 54.32 the infant and the treatment itself under the circumstances would be inhumane;​ 54​ Article 4 Sec. 5.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 55.1 (6) is one whose parent, guardian, or other custodian for good cause desires to be relieved​ 55.2 of the child's care and custody, including a child who entered foster care under a voluntary​ 55.3 placement agreement between the parent and the responsible social services agency under​ 55.4 section 260C.227;​ 55.5 (7) has been placed for adoption or care in violation of law;​ 55.6 (8) is without proper parental care because of the emotional, mental, or physical disability,​ 55.7 or state of immaturity of the child's parent, guardian, or other custodian;​ 55.8 (9) is one whose behavior, condition, or environment is such as to be injurious or​ 55.9 dangerous to the child or others. An injurious or dangerous environment may include, but​ 55.10 is not limited to, the exposure of a child to criminal activity in the child's home;​ 55.11 (10) is experiencing growth delays, which may be referred to as failure to thrive, that​ 55.12 have been diagnosed by a physician and are due to parental neglect;​ 55.13 (11) is a sexually exploited youth;​ 55.14 (12) has committed a delinquent act or a juvenile petty offense before becoming ten​ 55.15 years old. This clause expires July 31, 2026;​ 55.16 (13) is a runaway;​ 55.17 (14) is a habitual truant;​ 55.18 (15) has been found incompetent to proceed or has been found not guilty by reason of​ 55.19 mental illness or mental deficiency in connection with a delinquency proceeding, a​ 55.20 certification under section 260B.125, an extended jurisdiction juvenile prosecution, or a​ 55.21 proceeding involving a juvenile petty offense; or​ 55.22 (16) has a parent whose parental rights to one or more other children were involuntarily​ 55.23 terminated or whose custodial rights to another child have been involuntarily transferred to​ 55.24 a relative and there is a case plan prepared by the responsible social services agency​ 55.25 documenting a compelling reason why filing the termination of parental rights petition under​ 55.26 section 260C.503, subdivision 2, is not in the best interests of the child.; or​ 55.27 (17) effective August 1, 2026, has committed a delinquent act or a juvenile petty offense​ 55.28 before becoming 13 years old.​ 55.29 Sec. 6. Minnesota Statutes 2022, section 260E.06, subdivision 1, is amended to read:​ 55.30 Subdivision 1. Mandatory reporters. (a) A person who knows or has reason to believe​ 55.31 a child is being maltreated, as defined in section 260E.03, or has been maltreated within​ 55​ Article 4 Sec. 6.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 56.1 the preceding three years shall immediately report the information to the local welfare​ 56.2 agency, agency responsible for assessing or investigating the report, police department,​ 56.3 county sheriff, tribal social services agency, or tribal police department if the person is:​ 56.4 (1) a professional or professional's delegate who is engaged in the practice of the healing​ 56.5 arts, social services, hospital administration, psychological or psychiatric treatment, child​ 56.6 care, education, correctional supervision, probation and correctional services, or law​ 56.7 enforcement; or​ 56.8 (2) employed as a member of the clergy and received the information while engaged in​ 56.9 ministerial duties, provided that a member of the clergy is not required by this subdivision​ 56.10 to report information that is otherwise privileged under section 595.02, subdivision 1,​ 56.11 paragraph (c).​ 56.12 (b) "Practice of social services" for the purposes of this subdivision includes but is not​ 56.13 limited to employee assistance counseling and the provision of guardian ad litem and​ 56.14 parenting time expeditor services.​ 56.15 (c) A corporation, school, nonprofit organization, religious organization, facility as​ 56.16 defined in section 260E.03, subdivision 6, or similar entity must not have any policies,​ 56.17 written or otherwise, that prevent or discourage a mandatory or voluntary reporter from​ 56.18 reporting suspected or alleged maltreatment of a child in accordance with this section.​ 56.19 Sec. 7. Minnesota Statutes 2022, section 260E.08, is amended to read:​ 56.20 260E.08 CRIMINAL PENALTIES FOR FAILURE TO REPORT; CIVIL​ 56.21 PENALTY FOR MAKING FALSE REPORT.​ 56.22 (a) A person mandated by section 260E.06, subdivision 1, to report who knows or has​ 56.23 reason to believe that a child is maltreated, as defined in section 260E.03, or has been​ 56.24 maltreated within the preceding three years, and fails to report is guilty of a misdemeanor.​ 56.25 (b) A person mandated by section 260E.06, subdivision 1, to report who knows or has​ 56.26 reason to believe that two or more children not related to the offender have been maltreated,​ 56.27 as defined in section 260E.03, by the same offender within the preceding ten years, and​ 56.28 fails to report is guilty of a gross misdemeanor.​ 56.29 (c) A parent, guardian, or caretaker who knows or reasonably should know that the​ 56.30 child's health is in serious danger and who fails to report as required by section 260E.06,​ 56.31 subdivision 3, is guilty of a gross misdemeanor if the child suffers substantial or great bodily​ 56.32 harm because of the lack of medical care. If the child dies because of the lack of medical​ 56.33 care, the person is guilty of a felony and may be sentenced to imprisonment for not more​ 56​ Article 4 Sec. 7.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 57.1 than two years or to payment of a fine of not more than $4,000, or both. The provision in​ 57.2 section 609.378, subdivision 1, paragraph (a), clause (1), providing that a parent, guardian,​ 57.3 or caretaker may, in good faith, select and depend on spiritual means or prayer for treatment​ 57.4 or care of a child, does not exempt a parent, guardian, or caretaker from the duty to report​ 57.5 under this chapter.​ 57.6 (d) Any person who knowingly or recklessly makes a false report under the provisions​ 57.7 of this chapter shall be liable in a civil suit for any actual damages suffered by the person​ 57.8 or persons so reported and for any punitive damages set by the court or jury, plus costs and​ 57.9 reasonable attorney fees.​ 57.10 (e) A person who intentionally prevents or attempts to prevent a person mandated by​ 57.11 section 260E.06, subdivision 1, to report under this chapter is guilty of a misdemeanor.​ 57.12 Sec. 8. Minnesota Statutes 2023 Supplement, section 299C.105, subdivision 1, is amended​ 57.13 to read:​ 57.14 Subdivision 1. Required collection of biological specimen for DNA testing. (a) Sheriffs,​ 57.15 peace officers, and community corrections agencies operating secure juvenile detention​ 57.16 facilities shall take or cause to be taken biological specimens for the purpose of DNA analysis​ 57.17 as defined in section 299C.155, of the following:​ 57.18 (1) persons who have appeared in court and have had a judicial probable cause​ 57.19 determination on a charge of committing, or persons having been convicted of or attempting​ 57.20 to commit, any of the following:​ 57.21 (i) murder under section 609.185, 609.19, or 609.195;​ 57.22 (ii) manslaughter under section 609.20 or 609.205;​ 57.23 (iii) assault under section 609.221, 609.222, or 609.223;​ 57.24 (iv) robbery under section 609.24, aggravated robbery under section 609.245, or​ 57.25 carjacking under section 609.247;​ 57.26 (v) kidnapping under section 609.25;​ 57.27 (vi) false imprisonment under section 609.255;​ 57.28 (vii) criminal sexual conduct under section 609.342, 609.343, 609.344, 609.345,​ 57.29 609.3451, subdivision 3, or 609.3453;​ 57.30 (viii) incest under section 609.365;​ 57.31 (ix) burglary under section 609.582, subdivision 1; or​ 57​ Article 4 Sec. 8.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 58.1 (x) indecent exposure under section 617.23, subdivision 3;​ 58.2 (2) persons sentenced as patterned sex offenders under section 609.3455, subdivision​ 58.3 3a; or​ 58.4 (3) juveniles who have appeared in court and have had a judicial probable cause​ 58.5 determination on a charge of committing, or juveniles having been adjudicated delinquent​ 58.6 for committing or attempting to commit, any of the following:​ 58.7 (i) murder under section 609.185, 609.19, or 609.195;​ 58.8 (ii) manslaughter under section 609.20 or 609.205;​ 58.9 (iii) assault under section 609.221, 609.222, or 609.223;​ 58.10 (iv) robbery under section 609.24, aggravated robbery under section 609.245, or​ 58.11 carjacking under section 609.247;​ 58.12 (v) kidnapping under section 609.25;​ 58.13 (vi) false imprisonment under section 609.255;​ 58.14 (vii) criminal sexual conduct under section 609.342, 609.343, 609.344, 609.345,​ 58.15 609.3451, subdivision 3, or 609.3453;​ 58.16 (viii) incest under section 609.365;​ 58.17 (ix) burglary under section 609.582, subdivision 1; or​ 58.18 (x) indecent exposure under section 617.23, subdivision 3.​ 58.19 (b) Unless the superintendent of the bureau requires a shorter period, within 72 hours​ 58.20 the biological specimen required under paragraph (a) must be forwarded to the bureau in​ 58.21 such a manner as may be prescribed by the superintendent.​ 58.22 (c) Prosecutors, courts, and probation officers shall attempt to ensure that the biological​ 58.23 specimen is taken on a person described in paragraph (a).​ 58.24 Sec. 9. Minnesota Statutes 2022, section 590.01, subdivision 4, is amended to read:​ 58.25 Subd. 4. Time limit. (a) No petition for postconviction relief may be filed more than​ 58.26 two years after the later of:​ 58.27 (1) the entry of judgment of conviction or sentence if no direct appeal is filed; or​ 58.28 (2) an appellate court's disposition of petitioner's direct appeal.​ 58​ Article 4 Sec. 9.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 59.1 (b) Notwithstanding paragraph (a), a court may hear a petition for postconviction relief​ 59.2 if:​ 59.3 (1) the petitioner establishes that a physical disability or mental disease precluded a​ 59.4 timely assertion of the claim;​ 59.5 (2) the petitioner alleges the existence of newly discovered evidence, including scientific​ 59.6 evidence, that provides facts necessary to sustain one or more legally cognizable claims for​ 59.7 postconviction relief, if such evidence could not have been ascertained by the exercise of​ 59.8 due diligence by the petitioner or petitioner's attorney within the two-year time period for​ 59.9 filing a postconviction petition, and the evidence is not cumulative to evidence presented​ 59.10 at trial, and is not for impeachment purposes, and establishes by a clear and convincing​ 59.11 standard that the petitioner is innocent of the offense or offenses for which the petitioner​ 59.12 was convicted;​ 59.13 (3) the petitioner asserts a new interpretation of federal or state constitutional or statutory​ 59.14 law by either the United States Supreme Court or a Minnesota appellate court and the​ 59.15 petitioner establishes that this interpretation is retroactively applicable to the petitioner's​ 59.16 case;​ 59.17 (4) the petition is brought pursuant to subdivision 3; or​ 59.18 (5) the petitioner establishes to the satisfaction of the court that the petition is not frivolous​ 59.19 and is in the interests of justice.​ 59.20 (c) Any petition invoking an exception provided in paragraph (b) must be filed within​ 59.21 two years of the date the claim arises.​ 59.22 Sec. 10. Minnesota Statutes 2022, section 590.03, is amended to read:​ 59.23 590.03 PLEADINGS AND PRACTICE AFTER FILING A POSTCONVICTION​ 59.24 PETITION.​ 59.25 Within 20 45 days after the filing of the petition pursuant to section 590.01 or within​ 59.26 such time as the judge to whom the matter has been assigned may fix, the county attorney,​ 59.27 or the attorney general, on behalf of the state, shall respond to the petition by answer or​ 59.28 motion which shall be filed with the court administrator of district court and served on the​ 59.29 petitioner if unrepresented or on the petitioner's attorney. No further pleadings are necessary​ 59.30 except as the court may order. The court may at any time prior to its decision on the merits​ 59.31 permit a withdrawal of the petition, may permit amendments thereto, and to the answer.​ 59.32 The court shall liberally construe the petition and any amendments thereto and shall look​ 59.33 to the substance thereof and waive any irregularities or defects in form.​ 59​ Article 4 Sec. 10.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 60.1 Sec. 11. Minnesota Statutes 2022, section 604A.05, subdivision 1, is amended to read:​ 60.2 Subdivision 1. Person seeking medical providing assistance; immunity from​ 60.3 prosecution. A person acting in good faith who seeks medical assistance for or acts in​ 60.4 concert with a person seeking medical assistance for another person who is experiencing a​ 60.5 drug-related overdose may not be charged or prosecuted for the possession, sharing, or use​ 60.6 of a controlled substance under section 152.023, subdivision 2, clauses (4) and (6), 152.024,​ 60.7 or 152.025, or possession of drug paraphernalia. A person qualifies for the immunities​ 60.8 provided in this subdivision only if:​ 60.9 (1) the evidence for the charge or prosecution was obtained as a result of the person's​ 60.10 seeking medical assistance for or acting in concert with a person seeking medical assistance​ 60.11 for another person; and​ 60.12 (2) the person seeks medical assistance for or acts in concert with a person seeking​ 60.13 medical assistance for another person who is in need of medical assistance for an immediate​ 60.14 health or safety concern, provided that the person who seeks the medical assistance is the​ 60.15 first person to seek the assistance, provides a name and contact information, remains on the​ 60.16 scene until assistance arrives or is provided, and cooperates with the authorities.​ 60.17 Good faith does not include seeking medical assistance during the course of the execution​ 60.18 of an arrest warrant or search warrant or a lawful search.​ 60.19 EFFECTIVE DATE. This section is effective August 1, 2024, and applies to acts​ 60.20 committed on or after that date.​ 60.21 Sec. 12. Minnesota Statutes 2023 Supplement, section 609.3455, subdivision 5, is amended​ 60.22 to read:​ 60.23 Subd. 5. Life sentences; minimum term of imprisonment. At the time of sentencing​ 60.24 under subdivision 3 or 4, the court shall specify a minimum term of imprisonment, based​ 60.25 on the sentencing guidelines or any applicable mandatory minimum sentence, that must be​ 60.26 served before the offender may be considered for supervised release. If the offender was​ 60.27 under 18 years of age at the time of the commission of the offense, the minimum term of​ 60.28 imprisonment specified by the court shall not exceed the applicable minimum term of​ 60.29 imprisonment described in section 244.05, subdivision 4b.​ 60.30 EFFECTIVE DATE. This section is effective the day following final enactment.​ 60​ Article 4 Sec. 12.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 61.1 Sec. 13. Minnesota Statutes 2023 Supplement, section 609A.015, subdivision 3, as amended​ 61.2 by Laws 2024, chapter 80, article 8, section 63, is amended to read:​ 61.3 Subd. 3. Eligibility; certain criminal proceedings. (a) A person is eligible for a grant​ 61.4 of expungement relief if the person:​ 61.5 (1) was convicted of a qualifying offense;​ 61.6 (2) has not been convicted of a new offense, other than an offense that would be a petty​ 61.7 misdemeanor, in Minnesota:​ 61.8 (i) during the applicable waiting period immediately following discharge of the disposition​ 61.9 or sentence for the crime; or​ 61.10 (ii) during the applicable waiting period immediately preceding a subsequent review​ 61.11 performed pursuant to subdivision 5, paragraph (a); and​ 61.12 (3) is not charged with an offense, other than an offense that would be a petty​ 61.13 misdemeanor, in Minnesota at the time the person reaches the end of the applicable waiting​ 61.14 period or at the time of a subsequent review.​ 61.15 (b) As used in this subdivision, "qualifying offense" means a conviction for:​ 61.16 (1) any petty misdemeanor offense other than a violation of a traffic regulation relating​ 61.17 to the operation or parking of motor vehicles;​ 61.18 (2) any misdemeanor offense other than:​ 61.19 (i) section 169A.20 under the terms described in section 169A.27 (fourth-degree driving​ 61.20 while impaired);​ 61.21 (ii) section 518B.01, subdivision 14 (violation of an order for protection);​ 61.22 (iii) section 609.224 (assault in the fifth degree);​ 61.23 (iv) section 609.2242 (domestic assault);​ 61.24 (v) section 609.746 (interference with privacy);​ 61.25 (vi) section 609.748 (violation of a harassment restraining order);​ 61.26 (vii) section 609.78 (interference with emergency call);​ 61.27 (viii) section 609.79 (obscene or harassing phone calls);​ 61.28 (ix) section 617.23 (indecent exposure); or​ 61.29 (x) section 629.75 (violation of domestic abuse no contact order);​ 61​ Article 4 Sec. 13.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 62.1 (3) any gross misdemeanor offense other than:​ 62.2 (i) section 169.13, subdivision 1, if the person causes great bodily harm or death to​ 62.3 another (reckless driving resulting in great bodily harm or death);​ 62.4 (i) (ii) section 169A.25 (second-degree driving while impaired);​ 62.5 (ii) (iii) section 169A.26 (third-degree driving while impaired);​ 62.6 (iii) (iv) section 518B.01, subdivision 14 (violation of an order for protection);​ 62.7 (iv) (v) section 609.2113, subdivision 3 (criminal vehicular operation);​ 62.8 (v) (vi) section 609.2231 (assault in the fourth degree);​ 62.9 (vi) (vii) section 609.224 (assault in the fifth degree);​ 62.10 (vii) (viii) section 609.2242 (domestic assault);​ 62.11 (viii) (ix) section 609.233 (criminal neglect);​ 62.12 (ix) (x) section 609.3451 (criminal sexual conduct in the fifth degree);​ 62.13 (x) (xi) section 609.377 (malicious punishment of child);​ 62.14 (xi) (xii) section 609.485 (escape from custody);​ 62.15 (xii) (xiii) section 609.498 (tampering with witness);​ 62.16 (xiii) (xiv) section 609.582, subdivision 4 (burglary in the fourth degree);​ 62.17 (xiv) (xv) section 609.746 (interference with privacy);​ 62.18 (xv) (xvi) section 609.748 (violation of a harassment restraining order);​ 62.19 (xvi) (xvii) section 609.749 (harassment; stalking);​ 62.20 (xvii) (xviii) section 609.78 (interference with emergency call);​ 62.21 (xviii) (xix) section 617.23 (indecent exposure);​ 62.22 (xix) (xx) section 617.261 (nonconsensual dissemination of private sexual images); or​ 62.23 (xx) (xxi) section 629.75 (violation of domestic abuse no contact order); or​ 62.24 (4) any felony offense listed in section 609A.02, subdivision 3, paragraph (b), other​ 62.25 than:​ 62.26 (i) section 152.023, subdivision 2 (possession of a controlled substance in the third​ 62.27 degree);​ 62.28 (ii) 152.024, subdivision 2 (possession of a controlled substance in the fourth degree);​ 62​ Article 4 Sec. 13.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 63.1 (iii) section 609.485, subdivision 4, paragraph (a), clause (2) or (4) (escape from civil​ 63.2 commitment for mental illness); or​ 63.3 (iv) section 609.582, subdivision 3, paragraph (a) (burglary in the third degree; other​ 63.4 than trespass); or​ 63.5 (v) section 609.746, subdivision 1, paragraph (e) (g) (interference with privacy;​ 63.6 subsequent violation or minor victim).​ 63.7 (c) As used in this subdivision, "applicable waiting period" means:​ 63.8 (1) if the offense was a petty misdemeanor, two years since discharge of the sentence;​ 63.9 (2) if the offense was a misdemeanor, two years since discharge of the sentence for the​ 63.10 crime;​ 63.11 (3) if the offense was a gross misdemeanor, three years since discharge of the sentence​ 63.12 for the crime;​ 63.13 (4) if the offense was a felony violation of section 152.025, four years since the discharge​ 63.14 of the sentence for the crime; and​ 63.15 (5) if the offense was any other felony, five years since discharge of the sentence for the​ 63.16 crime.​ 63.17 (d) Felony offenses deemed to be a gross misdemeanor or misdemeanor pursuant to​ 63.18 section 609.13, subdivision 1, remain ineligible for expungement under this section. Gross​ 63.19 misdemeanor offenses ineligible for a grant of expungement under this section remain​ 63.20 ineligible if deemed to be for a misdemeanor pursuant to section 609.13, subdivision 2.​ 63.21 (e) The service requirements in section 609A.03, subdivision 8, do not apply to any​ 63.22 expungements ordered under this subdivision.​ 63.23 (f) An expungement order does not apply to records held by the commissioners of​ 63.24 children, youth, and families; health; and human services.​ 63.25 EFFECTIVE DATE. This section is effective January 1, 2025.​ 63.26 Sec. 14. Minnesota Statutes 2023 Supplement, section 609A.02, subdivision 3, is amended​ 63.27 to read:​ 63.28 Subd. 3. Certain criminal proceedings. (a) A petition may be filed under section​ 63.29 609A.03 to seal all records relating to an arrest, indictment or information, trial, or verdict​ 63.30 if the records are not subject to section 299C.11, subdivision 1, paragraph (b), and if:​ 63​ Article 4 Sec. 14.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 64.1 (1) all pending actions or proceedings were resolved in favor of the petitioner. For​ 64.2 purposes of this chapter, a verdict of not guilty by reason of mental illness is not a resolution​ 64.3 in favor of the petitioner. For the purposes of this chapter, an action or proceeding is resolved​ 64.4 in favor of the petitioner, if the petitioner received an order under section 590.11 determining​ 64.5 that the petitioner is eligible for compensation based on exoneration;​ 64.6 (2) the petitioner has successfully completed the terms of a diversion program or stay​ 64.7 of adjudication and has not been charged with a new crime for at least one year since​ 64.8 completion of the diversion program or stay of adjudication;​ 64.9 (3) the petitioner was convicted of a petty misdemeanor or misdemeanor or the sentence​ 64.10 imposed was within the limits provided by law for a misdemeanor and the petitioner has​ 64.11 not been convicted of a new crime for at least two years since discharge of the sentence for​ 64.12 the crime;​ 64.13 (4) the petitioner was convicted of a gross misdemeanor or the sentence imposed was​ 64.14 within the limits provided by law for a gross misdemeanor and the petitioner has not been​ 64.15 convicted of a new crime for at least three years since discharge of the sentence for the​ 64.16 crime;​ 64.17 (5) the petitioner was convicted of a gross misdemeanor that is deemed to be for a​ 64.18 misdemeanor pursuant to section 609.13, subdivision 2, clause (2), and has not been convicted​ 64.19 of a new crime for at least three years since discharge of the sentence for the crime;​ 64.20 (6) the petitioner was convicted of a felony violation of section 152.025 and has not​ 64.21 been convicted of a new crime for at least four years since discharge of the sentence for the​ 64.22 crime;​ 64.23 (7) the petitioner was convicted of a felony that is deemed to be for a gross misdemeanor​ 64.24 or misdemeanor pursuant to section 609.13, subdivision 1, clause (2), and has not been​ 64.25 convicted of a new crime for at least:​ 64.26 (i) four years since discharge of the sentence for the crime if the conviction was for an​ 64.27 offense listed in paragraph (b); or​ 64.28 (ii) five years since discharge of the sentence for the crime if the conviction was for any​ 64.29 other offense; or​ 64.30 (8) the petitioner was convicted of a felony violation of an offense listed in paragraph​ 64.31 (b), and has not been convicted of a new crime for at least four years since discharge of the​ 64.32 sentence for the crime.​ 64.33 (b) Paragraph (a), clause (7) (8), applies to the following offenses:​ 64​ Article 4 Sec. 14.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 65.1 (1) section 35.824 (altering livestock certificate);​ 65.2 (2) section 62A.41 (insurance regulations);​ 65.3 (3) section 86B.865, subdivision 1 (certification for title on watercraft);​ 65.4 (4) section 152.023, subdivision 2 (possession of a controlled substance in the third​ 65.5 degree); 152.024, subdivision 2 (possession of a controlled substance in the fourth degree);​ 65.6 152.025 (controlled substance in the fifth degree); or 152.097 (sale of simulated controlled​ 65.7 substance);​ 65.8 (5) section 168A.30, subdivision 1 (certificate of title false information); or 169.09,​ 65.9 subdivision 14, paragraph (a), clause (2) (accident resulting in great bodily harm);​ 65.10 (6) chapter 201; 203B; or 204C (voting violations);​ 65.11 (7) section 228.45; 228.47; 228.49; 228.50; or 228.51 (false bill of lading);​ 65.12 (8) section 256.984 (false declaration in assistance application);​ 65.13 (9) section 296A.23, subdivision 2 (willful evasion of fuel tax);​ 65.14 (10) section 297D.09, subdivision 1 (failure to affix stamp on scheduled substances);​ 65.15 (11) section 297G.19 (liquor taxation); or 340A.701 (unlawful acts involving liquor);​ 65.16 (12) section 325F.743 (precious metal dealers); or 325F.755, subdivision 7 (prize notices​ 65.17 and solicitations);​ 65.18 (13) section 346.155, subdivision 10 (failure to control regulated animal);​ 65.19 (14) section 349.2127; or 349.22 (gambling regulations);​ 65.20 (15) section 588.20 (contempt);​ 65.21 (16) section 609.27, subdivision 1, clauses (2) to (5) (coercion);​ 65.22 (17) section 609.31 (leaving state to evade establishment of paternity);​ 65.23 (18) section 609.485, subdivision 4, paragraph (a), clause (2) or (4) (escape from civil​ 65.24 commitment for mental illness);​ 65.25 (19) section 609.49 (failure to appear in court);​ 65.26 (20) section 609.52, subdivision 2, when sentenced pursuant to section 609.52,​ 65.27 subdivision 3, clause (3)(a) (theft of $5,000 or less) or 609.52, subdivision 3a, clause (1)​ 65.28 (theft of $1,000 or less with risk of bodily harm); or any other offense sentenced pursuant​ 65.29 to section 609.52, subdivision 3, clause (3)(a);​ 65​ Article 4 Sec. 14.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 66.1 (21) section 609.521 (possession of shoplifting gear);​ 66.2 (22) section 609.525 (bringing stolen goods into state);​ 66.3 (23) section 609.526, subdivision 2, clause (2) (metal dealer receiving stolen goods);​ 66.4 (24) section 609.527, subdivision 5b (possession or use of scanning device or reencoder);​ 66.5 609.528, subdivision 3, clause (3) (possession or sale of stolen or counterfeit check); or​ 66.6 609.529 (mail theft);​ 66.7 (25) section 609.53 (receiving stolen goods);​ 66.8 (26) section 609.535, subdivision 2a, paragraph (a), clause (1) (dishonored check over​ 66.9 $500);​ 66.10 (27) section 609.54, clause (1) (embezzlement of public funds $2,500 or less);​ 66.11 (28) section 609.551 (rustling and livestock theft);​ 66.12 (29) section 609.5641, subdivision 1a, paragraph (a) (wildfire arson);​ 66.13 (30) section 609.576, subdivision 1, clause (3), item (iii) (negligent fires);​ 66.14 (31) section 609.582, subdivision 3 (burglary in the third degree);​ 66.15 (32) section 609.59 (possession of burglary or theft tools);​ 66.16 (33) section 609.595, subdivision 1, clauses (3) to (5), and subdivision 1a, paragraph​ 66.17 (a) (criminal damage to property);​ 66.18 (34) section 609.597, subdivision 3, clause (3) (assaulting or harming police horse);​ 66.19 (35) section 609.625 (aggravated forgery); 609.63 (forgery); 609.631, subdivision 4,​ 66.20 clause (3)(a) (check forgery and offering forged check, $2,500 or less); 609.635 (obtaining​ 66.21 signature by false pretense); 609.64 (recording, filing forged instrument); or 609.645​ 66.22 (fraudulent statements);​ 66.23 (36) section 609.65, clause (1) (false certification by notary); or 609.651, subdivision​ 66.24 4, paragraph (a) (lottery fraud);​ 66.25 (37) section 609.652 (fraudulent driver's license and identification card);​ 66.26 (38) section 609.66, subdivision 1a, paragraph (a) (discharge of firearm; silencer); or​ 66.27 609.66, subdivision 1b (furnishing firearm to minor);​ 66.28 (39) section 609.662, subdivision 2, paragraph (b) (duty to render aid);​ 66.29 (40) section 609.686, subdivision 2 (tampering with fire alarm);​ 66​ Article 4 Sec. 14.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 67.1 (41) section 609.746, subdivision 1, paragraph (g) (interference with privacy; subsequent​ 67.2 violation or minor victim);​ 67.3 (42) section 609.80, subdivision 2 (interference with cable communications system);​ 67.4 (43) section 609.821, subdivision 2 (financial transaction card fraud);​ 67.5 (44) section 609.822 (residential mortgage fraud);​ 67.6 (45) section 609.825, subdivision 2 (bribery of participant or official in contest);​ 67.7 (46) section 609.855, subdivision 2, paragraph (c), clause (1) (interference with transit​ 67.8 operator);​ 67.9 (47) section 609.88 (computer damage); or 609.89 (computer theft);​ 67.10 (48) section 609.893, subdivision 2 (telecommunications and information services fraud);​ 67.11 (49) section 609.894, subdivision 3 or 4 (cellular counterfeiting);​ 67.12 (50) section 609.895, subdivision 3, paragraph (a) or (b) (counterfeited intellectual​ 67.13 property);​ 67.14 (51) section 609.896 (movie pirating);​ 67.15 (52) section 624.7132, subdivision 15, paragraph (b) (transfer pistol to minor); 624.714,​ 67.16 subdivision 1a (pistol without permit; subsequent violation); or 624.7141, subdivision 2​ 67.17 (transfer of pistol to ineligible person); or​ 67.18 (53) section 624.7181 (rifle or shotgun in public by minor).​ 67.19 Sec. 15. [627.16] CRIMINAL SEXUAL CONDUCT; MENTALLY​ 67.20 INCAPACITATED; ASLEEP OR NOT CONSCIOUS.​ 67.21 A criminal action arising out of an incident of alleged criminal sexual conduct may be​ 67.22 prosecuted either in the county where any element of the alleged sexual penetration or sexual​ 67.23 contact was committed or the county where the complainant is found when the complainant​ 67.24 was, at the time of the act:​ 67.25 (1) mentally incapacitated, as defined in section 609.341, subdivision 7; or​ 67.26 (2) physically helpless, as defined in section 609.341, subdivision 9, as the result of​ 67.27 being asleep or not conscious.​ 67​ Article 4 Sec. 15.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 68.1 Sec. 16. [634.025] CONFESSION BY A JUVENILE; INADMISSIBLE WHEN​ 68.2 DECEPTION IS USED.​ 68.3 (a) Any admission, confession, or statement, whether written or oral, made by a person​ 68.4 under 18 years of age during a custodial interrogation by a law enforcement agency official​ 68.5 or their agent, is presumed to have been made involuntarily and is inadmissible in any​ 68.6 proceeding if, during the interrogation, a law enforcement agency official or that person's​ 68.7 agent:​ 68.8 (1) communicated information that an official or agent conducting or participating in​ 68.9 the interrogation knew to be false if that information was about the existence or nature of​ 68.10 evidence that a reasonable person would find to be material in assessing any suspected or​ 68.11 alleged criminal conduct by the individual being interrogated; or​ 68.12 (2) communicated statements regarding leniency that the official or agent was not​ 68.13 authorized to make.​ 68.14 (b) The presumption that any such admission, confession, or statement, or any portion​ 68.15 thereof, is made involuntarily and is inadmissible may be overcome if the state proves by​ 68.16 a preponderance of the evidence that the admission, confession, or statement, or the given​ 68.17 portion thereof, was voluntary, reliable, and not induced by any act described in paragraph​ 68.18 (a).​ 68.19 (c) The presumption of inadmissibility set forth in paragraph (a) shall not apply to any​ 68.20 portion of an admission, confession, or statement that occurs prior to the first instance in​ 68.21 which one of the acts described in paragraph (a) occurs.​ 68.22 (d) That an admission, confession, or statement is deemed inadmissible under this section​ 68.23 shall have no effect on the admissibility of evidence obtained as a result of the admission,​ 68.24 confession, or statement if the evidence would have been discovered through independent​ 68.25 lawful means or if knowledge of the evidence was acquired through an independent source.​ 68.26 EFFECTIVE DATE. This section is effective January 1, 2025, and applies to an​ 68.27 admission, confession, or statement, whether written or oral, made on or after that date.​ 68.28 Sec. 17. Minnesota Statutes 2023 Supplement, section 638.12, subdivision 2, is amended​ 68.29 to read:​ 68.30 Subd. 2. Pardon eligibility; waiver. (a) Except as provided in paragraphs (b) and (c),​ 68.31 an individual convicted of a crime in a court of this state may apply for a pardon of the​ 68.32 individual's conviction on or after five years from the sentence's expiration or discharge​ 68.33 date.​ 68​ Article 4 Sec. 17.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 69.1 (b) An individual convicted before August 1, 2023, of a violation of section 609.19,​ 69.2 subdivision 1, clause (1), under the theory of liability for crimes of another may apply for​ 69.3 a pardon upon the sentence's expiration or discharge date if the individual:​ 69.4 (1) was charged with a violation of section 609.185, paragraph (a), clause (3), and:​ 69.5 (i) thereafter pled guilty to a violation of section 609.19, subdivision 1, clause (1);​ 69.6 (ii) did not cause the death of a human being; and​ 69.7 (iii) did not intentionally aid, advise, hire, counsel, or conspire with or otherwise procure​ 69.8 another with the intent to cause the death of a human being; or​ 69.9 (2) was charged with a violation of section 609.19, subdivision 2, and:​ 69.10 (i) thereafter pled guilty to a violation of section 609.19, subdivision 1, clause (1);​ 69.11 (ii) did not cause the death of a human being; and​ 69.12 (iii) was not a major participant, as defined in section 609.05, subdivision 2a, paragraph​ 69.13 (c), in the underlying felony and or did not act with extreme indifference to human life.​ 69.14 (c) An individual may request the board to waive the waiting period if there is a showing​ 69.15 of unusual circumstances and special need.​ 69.16 (d) The commission must review a waiver request and recommend to the board whether​ 69.17 to grant the request. When considering a waiver request, the commission is exempt from​ 69.18 the meeting requirements under section 638.14 and chapter 13D.​ 69.19 (e) The board must grant a waiver request unless the governor or a board majority opposes​ 69.20 the waiver.​ 69.21 Sec. 18. Minnesota Statutes 2023 Supplement, section 638.15, subdivision 1, is amended​ 69.22 to read:​ 69.23 Subdivision 1. Grounds for recommending clemency. (a) When recommending whether​ 69.24 to grant clemency, the commission must consider any factors that the commission deems​ 69.25 appropriate, including but not limited to:​ 69.26 (1) the nature, seriousness, and circumstances of the applicant's crime; the applicant's​ 69.27 age at the time of the crime; and the time that has elapsed between the crime and the​ 69.28 application;​ 69.29 (2) the successful completion or revocation of previous probation, parole, supervised​ 69.30 release, or conditional release;​ 69​ Article 4 Sec. 18.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 70.1 (3) the number, nature, and circumstances of the applicant's other criminal convictions;​ 70.2 (4) the extent to which the applicant has demonstrated rehabilitation through​ 70.3 postconviction conduct, character, and reputation;​ 70.4 (5) the extent to which the applicant has accepted responsibility, demonstrated remorse,​ 70.5 and made restitution to victims;​ 70.6 (6) whether the sentence is clearly excessive in light of the applicant's crime and criminal​ 70.7 history and any sentence received by an accomplice and with due regard given to:​ 70.8 (i) any plea agreement;​ 70.9 (ii) the sentencing judge's views; and​ 70.10 (iii) the sentencing ranges established by law;​ 70.11 (7) whether the applicant was convicted before August 1, 2023, of a violation of section​ 70.12 609.19, subdivision 1, clause (1), under the theory of liability for crimes of another and, if​ 70.13 so, whether the applicant:​ 70.14 (i) was charged with a violation of section 609.185, paragraph (a), clause (3), and:​ 70.15 (A) thereafter pled guilty to a violation of section 609.19, subdivision 1, clause (1);​ 70.16 (B) did not cause the death of a human being; and​ 70.17 (C) did not intentionally aid, advise, hire, counsel, or conspire with or otherwise procure​ 70.18 another with the intent to cause the death of a human being; or​ 70.19 (ii) was charged with a violation of section 609.19, subdivision 2, and:​ 70.20 (A) thereafter pled guilty to a violation of section 609.19, subdivision 1, clause (1);​ 70.21 (B) did not cause the death of a human being; and​ 70.22 (C) was not a major participant, as defined in section 609.05, subdivision 2a, paragraph​ 70.23 (c), in the underlying felony and or did not act with extreme indifference to human life;​ 70.24 (8) whether the applicant's age or medical status indicates that it is in the best interest​ 70.25 of society that the applicant receive clemency;​ 70.26 (9) the applicant's asserted need for clemency, including family needs and barriers to​ 70.27 housing or employment created by the conviction;​ 70.28 (10) for an applicant under the department's custody, the adequacy of the applicant's​ 70.29 reentry plan;​ 70​ Article 4 Sec. 18.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 71.1 (11) the amount of time already served by the applicant and the availability of other​ 71.2 forms of judicial or administrative relief;​ 71.3 (12) the extent to which there is credible evidence indicating that the applicant is or may​ 71.4 be innocent of the crime for which they were convicted; and​ 71.5 (13) if provided by the applicant, the applicant's demographic information, including​ 71.6 race, ethnicity, gender, disability status, and age.​ 71.7 (b) Unless an applicant knowingly omitted past criminal convictions on the application,​ 71.8 the commission or the board must not prejudice an applicant for failing to identify past​ 71.9 criminal convictions.​ 71.10 Sec. 19. Laws 2023, chapter 52, article 4, section 24, subdivision 3, is amended to read:​ 71.11 Subd. 3. Notification. (a) By December September 1, 2023 2024, the commissioner of​ 71.12 corrections shall notify individuals convicted for a violation of Minnesota Statutes, section​ 71.13 609.185, paragraph (a), clause (3), or 609.19, subdivision 2, clause (1), of the right to file​ 71.14 a preliminary application for relief if:​ 71.15 (1) the person was convicted for a violation of Minnesota Statutes, section 609.185,​ 71.16 paragraph (a), clause (3), and the person:​ 71.17 (i) did not cause the death of a human being; and​ 71.18 (ii) did not intentionally aid, advise, hire, counsel, or conspire with or otherwise procure​ 71.19 another with the intent to cause the death of a human being; or​ 71.20 (2) the person was convicted for a violation of Minnesota Statutes, section 609.19,​ 71.21 subdivision 2, clause (1), and the person:​ 71.22 (i) did not cause the death of a human being; and​ 71.23 (ii) was not a major participant in the underlying felony and or did not act with extreme​ 71.24 indifference to human life.​ 71.25 (b) The notice shall include the address of the Ramsey County District Court court​ 71.26 administration.​ 71.27 (c) The commissioner of corrections may coordinate with the judicial branch to establish​ 71.28 a standardized notification form.​ 71.29 EFFECTIVE DATE. This section is effective the day following final enactment.​ 71​ Article 4 Sec. 19.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 72.1 Sec. 20. Laws 2023, chapter 52, article 4, section 24, subdivision 7, is amended to read:​ 72.2 Subd. 7. Determination; order; resentencing. (a) A petitioner who was convicted of​ 72.3 a violation of Minnesota Statutes, section 609.185, paragraph (a), clause (3), is entitled to​ 72.4 relief if the petitioner shows by a preponderance of the evidence that the petitioner:​ 72.5 (1) did not cause the death of a human being; and​ 72.6 (2) did not intentionally aid, advise, hire, counsel, or conspire with or otherwise procure​ 72.7 another with the intent to cause the death of a human being.​ 72.8 (b) A petitioner who was convicted of a violation of Minnesota Statutes, section 609.19,​ 72.9 subdivision 2, clause (1), is entitled to relief if the petitioner shows by a preponderance of​ 72.10 the evidence that the petitioner:​ 72.11 (1) did not cause the death of a human being; and​ 72.12 (2) was not a major participant in the underlying felony and or did not act with extreme​ 72.13 indifference to human life.​ 72.14 (c) If the court determines that the petitioner does not qualify for relief, the court shall​ 72.15 issue an order denying the petition.​ 72.16 (d) If the court determines that the petitioner is entitled to relief, the court shall issue an​ 72.17 order vacating the conviction for a violation of Minnesota Statutes, section 609.185,​ 72.18 paragraph (a), clause (3), or 609.19, subdivision 2, clause (1), and either:​ 72.19 (1) resentence the petitioner for the most serious remaining offense for which the​ 72.20 petitioner was convicted; or​ 72.21 (2) enter a conviction and impose a sentence for any other predicate felony arising out​ 72.22 of the course of conduct that served as the factual basis for the conviction vacated by the​ 72.23 court; or​ 72.24 (3) enter a conviction and impose a sentence for any lesser included offense as described​ 72.25 in Minnesota Statutes, section 631.14.​ 72.26 (e) If the court intends to enter a conviction and impose a sentence for a lesser included​ 72.27 offense, the court must hold a hearing to determine the appropriate offense.​ 72.28 (d) (f) If the court proceeds under paragraph (d), clause (1) or (2), the new sentence​ 72.29 announced by the court under this section must be for the most serious predicate felony​ 72.30 unless the most serious remaining offense for which the petitioner was convicted is that​ 72.31 offense or a more serious offense.​ 72​ Article 4 Sec. 20.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 73.1 (e) (g) If, pursuant to paragraph (c) (d), the court either resentences a petitioner or imposes​ 73.2 a sentence, the court shall also resentence the petitioner for any other offense if the sentence​ 73.3 was announced by a district court of the same county, the sentence was either ordered to​ 73.4 be served consecutively to the vacated conviction or the criminal history calculation for​ 73.5 that sentence included the vacated sentence, and the changes made pursuant to paragraph​ 73.6 (c) (d) would have resulted in a different criminal history score being used at the time of​ 73.7 sentencing.​ 73.8 (f) (h) The court shall state in writing or on the record the reasons for its decision on the​ 73.9 petition.​ 73.10 (g) (i) If the court intends to resentence a petitioner or impose a sentence on a petitioner,​ 73.11 the court must hold the hearing at a time that allows any victim an opportunity to submit a​ 73.12 statement consistent with Minnesota Statutes, section 611A.038. The prosecutor shall make​ 73.13 a good faith and reasonable effort to notify any person determined to be a victim of the​ 73.14 hearing and the right to submit or make a statement. A sentence imposed under this​ 73.15 subdivision shall not increase the petitioner's total period of confinement or, if the petitioner​ 73.16 was serving a stayed sentence, increase the period of supervision. The court may increase​ 73.17 the period of confinement for a sentence that was ordered to be served consecutively to the​ 73.18 vacated conviction based on a change in the appropriate criminal history score provided the​ 73.19 court does not increase the petitioner's total period of confinement. A person resentenced​ 73.20 under this paragraph is entitled to credit for time served in connection with the vacated​ 73.21 offense.​ 73.22 (h) (j) Relief granted under this section shall not be treated as an exoneration for purposes​ 73.23 of the Incarceration and Exoneration Remedies Act.​ 73.24 EFFECTIVE DATE. This section is effective the day following final enactment.​ 73.25 Sec. 21. ADDITIONAL REQUIREMENTS.​ 73.26 (a) An individual who was denied relief under Laws 2023, chapter 52, article 4, section​ 73.27 24, for a conviction under Minnesota Statutes, section 609.19, subdivision 2, clause (1),​ 73.28 due to a determination that the individual was not a major participant in the underlying​ 73.29 felony and did not act with extreme indifference to human life, and who is now eligible for​ 73.30 relief under the changes made in this act, may reapply for relief.​ 73.31 (b) By September 1, 2024, the commissioner of corrections shall notify individuals to​ 73.32 whom notice was previously provided under Laws 2023, chapter 52, article 4, section 24,​ 73.33 subdivision 3, paragraph (a), clause (2), about the changes to law made in this act. The​ 73​ Article 4 Sec. 21.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 74.1 notice must inform the individual that the individual may apply or reapply for relief under​ 74.2 Laws 2023, chapter 52, article 4, section 24, if eligible based on the changes made in this​ 74.3 act.​ 74.4 (c) Notwithstanding Laws 2023, chapter 52, article 4, section 24, an individual authorized​ 74.5 to apply or reapply for relief under paragraph (a) or (b) may do so anytime before October​ 74.6 1, 2026.​ 74.7 EFFECTIVE DATE. This section is effective the day following final enactment.​ 74.8 Sec. 22. REPEALER.​ 74.9 (a) Minnesota Statutes 2022, sections 609B.050; 609B.100; 609B.101; 609B.102;​ 74.10 609B.103; 609B.104; 609B.106; 609B.107; 609B.108; 609B.109; 609B.110; 609B.111;​ 74.11 609B.112; 609B.113; 609B.120; 609B.121; 609B.122; 609B.123; 609B.124; 609B.125;​ 74.12 609B.126; 609B.127; 609B.128; 609B.129; 609B.130; 609B.132; 609B.133; 609B.134;​ 74.13 609B.135; 609B.136; 609B.139; 609B.140; 609B.141; 609B.142; 609B.143; 609B.144;​ 74.14 609B.146; 609B.147; 609B.148; 609B.149; 609B.1495; 609B.150; 609B.151; 609B.152;​ 74.15 609B.153; 609B.155; 609B.157; 609B.158; 609B.159; 609B.160; 609B.162; 609B.164;​ 74.16 609B.1641; 609B.1645; 609B.165; 609B.168; 609B.170; 609B.171; 609B.172; 609B.173;​ 74.17 609B.174; 609B.175; 609B.176; 609B.177; 609B.179; 609B.180; 609B.181; 609B.183;​ 74.18 609B.184; 609B.185; 609B.187; 609B.188; 609B.189; 609B.191; 609B.192; 609B.193;​ 74.19 609B.194; 609B.195; 609B.200; 609B.201; 609B.203; 609B.205; 609B.206; 609B.216;​ 74.20 609B.231; 609B.235; 609B.237; 609B.241; 609B.245; 609B.255; 609B.262; 609B.263;​ 74.21 609B.265; 609B.271; 609B.273; 609B.275; 609B.277; 609B.301; 609B.310; 609B.311;​ 74.22 609B.312; 609B.320; 609B.321; 609B.330; 609B.331; 609B.332; 609B.333; 609B.340;​ 74.23 609B.341; 609B.342; 609B.343; 609B.344; 609B.345; 609B.400; 609B.405; 609B.410;​ 74.24 609B.415; 609B.425, subdivision 1; 609B.430; 609B.435, subdivisions 1 and 3; 609B.445;​ 74.25 609B.450; 609B.455; 609B.460; 609B.465; 609B.500; 609B.505; 609B.510; 609B.515;​ 74.26 609B.518; 609B.520; 609B.525; 609B.530; 609B.535; 609B.540; 609B.545; 609B.600;​ 74.27 609B.610; 609B.611; 609B.612; 609B.613; 609B.614; 609B.615; 609B.700; 609B.710;​ 74.28 609B.720; 609B.721; 609B.722; 609B.723; 609B.724; and 609B.725, are repealed.​ 74.29 (b) Minnesota Statutes 2023 Supplement, sections 609B.161; 609B.425, subdivision 2;​ 74.30 and 609B.435, subdivision 2, are repealed.​ 74.31 EFFECTIVE DATE. This section is effective January 1, 2025.​ 74​ Article 4 Sec. 22.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 75.1 ARTICLE 5​ 75.2 PUBLIC SAFETY​ 75.3 Section 1. Minnesota Statutes 2022, section 169A.03, is amended by adding a subdivision​ 75.4 to read:​ 75.5 Subd. 23a. Search warrant. As used in this section, "search warrant" means an order​ 75.6 in writing that is:​ 75.7 (1) in the name of this state or, if the person is located in an adjacent state, in the name​ 75.8 of the adjacent state;​ 75.9 (2) signed by a court other than a court exercising probate jurisdiction; and​ 75.10 (3) obtained pursuant to the requirements in sections 626.04 to 626.18 or conforming​ 75.11 statutes in the adjacent state.​ 75.12 Sec. 2. Minnesota Statutes 2022, section 169A.51, subdivision 3, is amended to read:​ 75.13 Subd. 3. Blood or urine tests; search warrant required. (a) Notwithstanding any​ 75.14 contrary provisions in sections 169A.51 to 169A.53, a blood or urine test may be conducted​ 75.15 only pursuant to a search warrant under sections 626.04 to 626.18, or a judicially recognized​ 75.16 exception to the search warrant requirement. In addition, blood and urine tests may be​ 75.17 conducted only as provided in sections 169A.51 to 169A.53 and 171.177.​ 75.18 (b) When, under the provisions of section 169A.20, 169A.51, or 171.177, a search​ 75.19 warrant is required for a blood or urine test, that requirement is met if a judicially recognized​ 75.20 exception to the warrant requirement is applicable.​ 75.21 Sec. 3. Minnesota Statutes 2023 Supplement, section 169A.51, subdivision 4, is amended​ 75.22 to read:​ 75.23 Subd. 4. Requirement of urine or blood test. A blood or urine test may be required​ 75.24 pursuant to a search warrant under sections 626.04 to 626.18 even after a breath test has​ 75.25 been administered if there is probable cause to believe that:​ 75.26 (1) there is impairment by a controlled substance; an intoxicating substance; or cannabis​ 75.27 flower, a cannabis product, a lower-potency hemp edible, a hemp-derived consumer product,​ 75.28 artificially derived cannabinoids, or tetrahydrocannabinols that is not subject to testing by​ 75.29 a breath test;​ 75.30 (2) a controlled substance listed in Schedule I or II or its metabolite, other than cannabis​ 75.31 flower, a cannabis product, a lower-potency hemp edible, a hemp-derived consumer product,​ 75​ Article 5 Sec. 3.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 76.1 artificially derived cannabinoids, or tetrahydrocannabinols, is present in the person's body;​ 76.2 or​ 76.3 (3) the person is unconscious or incapacitated to the point that the peace officer providing​ 76.4 a breath test advisory, administering a breath test, or serving the search warrant has a​ 76.5 good-faith belief that the person is mentally or physically unable to comprehend the breath​ 76.6 test advisory or otherwise voluntarily submit to chemical tests.​ 76.7 Action may be taken against a person who refuses to take a blood test under this​ 76.8 subdivision only if a urine test was offered and action may be taken against a person who​ 76.9 refuses to take a urine test only if a blood test was offered. This limitation does not apply​ 76.10 to an unconscious person under the circumstances described in clause (3).​ 76.11 Sec. 4. Minnesota Statutes 2022, section 171.177, subdivision 1, is amended to read:​ 76.12 Subdivision 1. Search warrant-required testing advisory. At the time a blood or urine​ 76.13 test is directed pursuant to a search warrant under sections 626.04 to 626.18, the person​ 76.14 must be informed that refusal to submit to a blood or urine test is a crime.​ 76.15 Sec. 5. Minnesota Statutes 2022, section 171.177, subdivision 3, is amended to read:​ 76.16 Subd. 3. License revocation pursuant to search warrant. After executing a search​ 76.17 warrant under sections 626.04 to 626.18 for the collection of a blood or urine sample based​ 76.18 upon probable cause of a violation of section 169A.20, the peace officer acting under sections​ 76.19 626.13 to 626.17 shall certify to the commissioner of public safety:​ 76.20 (1) when a person refuses to comply with the execution of the search warrant; or​ 76.21 (2) if a person submits to the test and the test results indicate:​ 76.22 (i) an alcohol concentration of 0.08 or more;​ 76.23 (ii) an alcohol concentration of 0.04 or more, if the person was driving, operating, or in​ 76.24 physical control of a commercial motor vehicle at the time of the violation; or​ 76.25 (iii) the presence of a controlled substance listed in Schedule I or II or its metabolite,​ 76.26 other than marijuana or tetrahydrocannabinols.​ 76.27 Sec. 6. Minnesota Statutes 2022, section 171.177, subdivision 4, is amended to read:​ 76.28 Subd. 4. Test refusal; license revocation. (a) Upon certification under subdivision 3​ 76.29 that there existed probable cause to believe the person had been driving, operating, or in​ 76.30 physical control of a motor vehicle in violation of section 169A.20, and that the person​ 76​ Article 5 Sec. 6.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 77.1 refused to comply with the execution of the search warrant under sections 626.04 to 626.18,​ 77.2 the commissioner shall revoke the person's license or permit to drive or nonresident operating​ 77.3 privilege. The commissioner shall revoke the license, permit, or nonresident operating​ 77.4 privilege:​ 77.5 (1) for a person with no qualified prior impaired driving incidents within the past ten​ 77.6 years, for a period of not less than one year;​ 77.7 (2) for a person under the age of 21 years and with no qualified prior impaired driving​ 77.8 incidents within the past ten years, for a period of not less than one year;​ 77.9 (3) for a person with one qualified prior impaired driving incident within the past ten​ 77.10 years or two qualified prior impaired driving incidents, for a period of not less than two​ 77.11 years;​ 77.12 (4) for a person with two qualified prior impaired driving incidents within the past ten​ 77.13 years or three qualified prior impaired driving incidents, for a period of not less than three​ 77.14 years;​ 77.15 (5) for a person with three qualified prior impaired driving incidents within the past ten​ 77.16 years, for a period of not less than four years; or​ 77.17 (6) for a person with four or more qualified prior impaired driving incidents, for a period​ 77.18 of not less than six years.​ 77.19 (b) When a person who had been driving, operating, or in physical control of a​ 77.20 commercial motor vehicle refuses to comply with the search warrant and permit testing,​ 77.21 the commissioner shall disqualify the person from operating a commercial motor vehicle​ 77.22 and shall revoke the person's license or permit to drive or nonresident operating privilege​ 77.23 according to the federal regulations adopted by reference in section 171.165, subdivision​ 77.24 2.​ 77.25 Sec. 7. Minnesota Statutes 2022, section 171.177, subdivision 5, is amended to read:​ 77.26 Subd. 5. Test failure; license revocation. (a) Upon certification under subdivision 3,​ 77.27 pursuant to a search warrant under sections 626.04 to 626.18, that there existed probable​ 77.28 cause to believe the person had been driving, operating, or in physical control of a motor​ 77.29 vehicle in violation of section 169A.20, and that the person submitted to a test and the test​ 77.30 results indicate an alcohol concentration of 0.08 or more or the presence of a controlled​ 77.31 substance listed in Schedule I or II or its metabolite, other than marijuana or​ 77.32 tetrahydrocannabinols, the commissioner shall revoke the person's license or permit to drive​ 77.33 or nonresident operating privilege:​ 77​ Article 5 Sec. 7.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 78.1 (1) for a period of 90 days or, if the test results indicate an alcohol concentration of twice​ 78.2 the legal limit or more, not less than one year;​ 78.3 (2) if the person is under the age of 21 years, for a period of not less than 180 days or,​ 78.4 if the test results indicate an alcohol concentration of twice the legal limit or more, not less​ 78.5 than one year;​ 78.6 (3) for a person with one qualified prior impaired driving incident within the past ten​ 78.7 years or two qualified prior impaired driving incidents, for a period of not less than one​ 78.8 year or, if the test results indicate an alcohol concentration of twice the legal limit or more,​ 78.9 not less than two years;​ 78.10 (4) for a person with two qualified prior impaired driving incidents within the past ten​ 78.11 years or three qualified prior impaired driving incidents, for a period of not less than three​ 78.12 years;​ 78.13 (5) for a person with three qualified prior impaired driving incidents within the past ten​ 78.14 years, for a period of not less than four years; or​ 78.15 (6) for a person with four or more qualified prior impaired driving incidents, for a period​ 78.16 of not less than six years.​ 78.17 (b) On certification by the peace officer that there existed probable cause to believe the​ 78.18 person had been driving, operating, or in physical control of a commercial motor vehicle​ 78.19 with any presence of alcohol and that the person submitted to a test and the test results​ 78.20 indicated an alcohol concentration of 0.04 or more, the commissioner shall disqualify the​ 78.21 person from operating a commercial motor vehicle under section 171.165.​ 78.22 (c) If the test is of a person's blood or urine by a laboratory operated by the Bureau of​ 78.23 Criminal Apprehension or authorized by the bureau to conduct the analysis of a blood or​ 78.24 urine sample, the laboratory may directly certify to the commissioner the test results, and​ 78.25 the peace officer shall certify to the commissioner that there existed probable cause to​ 78.26 believe the person had been driving, operating, or in physical control of a motor vehicle in​ 78.27 violation of section 169A.20, and that the person submitted to a test. Upon receipt of both​ 78.28 certifications, the commissioner shall undertake the license actions described in paragraphs​ 78.29 (a) and (b).​ 78.30 Sec. 8. Minnesota Statutes 2022, section 171.177, subdivision 8, is amended to read:​ 78.31 Subd. 8. Test refusal; driving privilege lost. (a) On behalf of the commissioner, a peace​ 78.32 officer requiring a test or directing the administration of a chemical test pursuant to a search​ 78.33 warrant under sections 626.04 to 626.18 shall serve immediate notice of intention to revoke​ 78​ Article 5 Sec. 8.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 79.1 and of revocation on a person who refuses to permit a test or on a person who submits to a​ 79.2 test, the results of which indicate an alcohol concentration of 0.08 or more.​ 79.3 (b) On behalf of the commissioner, a peace officer requiring a test or directing the​ 79.4 administration of a chemical test of a person driving, operating, or in physical control of a​ 79.5 commercial motor vehicle pursuant to a search warrant under sections 626.04 to 626.18​ 79.6 shall serve immediate notice of intention to disqualify and of disqualification on a person​ 79.7 who refuses to permit a test or on a person who submits to a test, the results of which indicate​ 79.8 an alcohol concentration of 0.04 or more.​ 79.9 (c) The officer shall:​ 79.10 (1) invalidate the person's driver's license or permit card by clipping the upper corner​ 79.11 of the card in such a way that no identifying information including the photo is destroyed,​ 79.12 and immediately return the card to the person;​ 79.13 (2) issue the person a temporary license effective for only seven days; and​ 79.14 (3) send the notification of this action to the commissioner along with the certificate​ 79.15 required by subdivision 4 or 5.​ 79.16 Sec. 9. Minnesota Statutes 2022, section 171.177, subdivision 12, is amended to read:​ 79.17 Subd. 12. Judicial hearing; issues, order, appeal. (a) A judicial review hearing under​ 79.18 this section must be before a district judge in any county in the judicial district where the​ 79.19 alleged offense occurred. The hearing is to the court and may be conducted at the same time​ 79.20 and in the same manner as hearings upon pretrial motions in the criminal prosecution under​ 79.21 section 169A.20, if any. The hearing must be recorded. The commissioner shall appear and​ 79.22 be represented by the attorney general or through the prosecuting authority for the jurisdiction​ 79.23 involved. The hearing must be held at the earliest practicable date, and in any event no later​ 79.24 than 60 days following the filing of the petition for review. The judicial district administrator​ 79.25 shall establish procedures to ensure efficient compliance with this subdivision. To accomplish​ 79.26 this, the administrator may, whenever possible, consolidate and transfer review hearings​ 79.27 among the locations within the judicial district where terms of district court are held.​ 79.28 (b) The scope of the hearing is limited to the issues in clauses (1) to (13):​ 79.29 (1) Did the peace officer have probable cause to believe the person was driving, operating,​ 79.30 or in physical control of a motor vehicle or commercial motor vehicle in violation of section​ 79.31 169A.20?​ 79.32 (2) Was the person lawfully placed under arrest for violation of section 169A.20?​ 79​ Article 5 Sec. 9.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 80.1 (3) Was the person involved in a motor vehicle accident or collision resulting in property​ 80.2 damage, personal injury, or death?​ 80.3 (4) Did a licensed peace officer apply for a search warrant in accordance with the​ 80.4 requirements set forth in sections 626.04 to 626.18 or conforming statutes in an adjacent​ 80.5 state?​ 80.6 (5) Did a neutral magistrate review the application for a search warrant and determine​ 80.7 there was probable cause to believe that the person was driving, operating, or in physical​ 80.8 control of a motor vehicle or commercial motor vehicle in violation of section 169A.20?​ 80.9 (6) Was the search warrant and the process by which it was obtained valid?​ 80.10 (7) At the time of directing the person to take the test, did the peace officer inform the​ 80.11 person that refusing the test was a crime as required by subdivision 1?​ 80.12 (8) Did the person refuse to permit the test?​ 80.13 (9) If a test was taken by a person driving, operating, or in physical control of a motor​ 80.14 vehicle, did the test results indicate at the time of testing:​ 80.15 (i) an alcohol concentration of 0.08 or more; or​ 80.16 (ii) the presence of a controlled substance listed in Schedule I or II or its metabolite,​ 80.17 other than marijuana or tetrahydrocannabinols?​ 80.18 (10) If a test was taken by a person driving, operating, or in physical control of a​ 80.19 commercial motor vehicle, did the test results indicate an alcohol concentration of 0.04 or​ 80.20 more at the time of testing?​ 80.21 (11) Was the testing method used valid and reliable and were the test results accurately​ 80.22 evaluated?​ 80.23 (12) Did the person prove the defense of necessity?​ 80.24 (13) Did the person prove the defense of controlled substance use in accordance with a​ 80.25 prescription?​ 80.26 (c) Certified or otherwise authenticated copies of laboratory or medical personnel reports,​ 80.27 records, documents, licenses, and certificates are admissible as substantive evidence.​ 80.28 (d) The court shall order that the revocation or disqualification be either rescinded or​ 80.29 sustained and forward the order to the commissioner. The court shall file its order within​ 80.30 14 days following the hearing. If the revocation or disqualification is sustained, the court​ 80.31 shall also forward the person's driver's license or permit to the commissioner for further​ 80​ Article 5 Sec. 9.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 81.1 action by the commissioner if the license or permit is not already in the commissioner's​ 81.2 possession.​ 81.3 (e) Any party aggrieved by the decision of the reviewing court may appeal the decision​ 81.4 as provided in the Rules of Appellate Procedure.​ 81.5 (f) The civil hearing under this section shall not give rise to an estoppel on any issues​ 81.6 arising from the same set of circumstances in any criminal prosecution.​ 81.7 (g) It is an affirmative defense for the petitioner to prove a necessity.​ 81.8 (h) It is an affirmative defense to the presence of a Schedule I or II controlled substance​ 81.9 that the person used the controlled substance according to the terms of a prescription issued​ 81.10 for the person according to sections 152.11 and 152.12, unless the court finds by a​ 81.11 preponderance of the evidence that the use of the controlled substance impaired the person's​ 81.12 ability to operate a motor vehicle.​ 81.13 Sec. 10. Minnesota Statutes 2023 Supplement, section 299A.49, subdivision 8, is amended​ 81.14 to read:​ 81.15 Subd. 8. State emergency response asset. "State emergency response asset" means any​ 81.16 team or teams defined under this section that has entered into a contractual agreement with​ 81.17 the State Fire Marshal Division.​ 81.18 EFFECTIVE DATE. This section is effective the day following final enactment.​ 81.19 Sec. 11. Minnesota Statutes 2023 Supplement, section 299A.49, subdivision 9, is amended​ 81.20 to read:​ 81.21 Subd. 9. Urban search and rescue team (USAR) (US&R). "Urban search and rescue​ 81.22 team" or "USAR" "US&R" means a team trained and equipped to respond to and carry out​ 81.23 rescue and recovery operations at the scene of a collapsed structure. A USAR team may​ 81.24 include strategically located fire department assets combined under one joint powers​ 81.25 agreement multihazard discipline that involves the location, extrication, and initial medical​ 81.26 stabilization of victims trapped or missing because of a man-made or natural disaster.​ 81.27 EFFECTIVE DATE. This section is effective the day following final enactment.​ 81.28 Sec. 12. Minnesota Statutes 2022, section 299A.73, subdivision 4, is amended to read:​ 81.29 Subd. 4. Administrative costs. The commissioner may use up to two ten percent of the​ 81.30 biennial appropriation for grants-in-aid to the youth intervention program to pay costs​ 81.31 incurred by the department in administering the youth intervention program.​ 81​ Article 5 Sec. 12.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 82.1 EFFECTIVE DATE. This section is effective the day following final enactment.​ 82.2 Sec. 13. Minnesota Statutes 2022, section 326.338, subdivision 4, is amended to read:​ 82.3 Subd. 4. Protective agent. A person who for a fee, reward, or other valuable consideration​ 82.4 undertakes any of the following acts is considered to be engaged in the business of protective​ 82.5 agent:​ 82.6 (1) providing guards, private patrol, or other security personnel to protect persons or​ 82.7 their property or to prevent the theft, unlawful taking of goods, merchandise, or money, or​ 82.8 to prevent the misappropriation or concealment of goods, merchandise, money, or other​ 82.9 valuable things, or to procure the return of those things;​ 82.10 (2) physically responding to any alarm signal device, burglar alarm, television camera,​ 82.11 still camera, or a mechanical or electronic device installed or used to prevent or detect​ 82.12 burglary, theft, shoplifting, pilferage, losses, or other security measures;​ 82.13 (3) providing armored car services for the protection of persons or property;​ 82.14 (4) controlling motor traffic on public streets, roads, and highways for the purpose of​ 82.15 escorting a funeral procession and oversized loads; or​ 82.16 (5) providing management and control of crowds for the purpose of safety and protection.;​ 82.17 or​ 82.18 (6) providing guards or other security personnel to transport prisoners or any other person​ 82.19 arrested on a warrant, except that this does not apply to the transport or escort of offenders​ 82.20 by staff of the Department of Corrections; the transport of a person by the sheriff of a county​ 82.21 to the appropriate adult or juvenile correctional facility as designated by the commissioner​ 82.22 of corrections or to and from court in connection with postconviction, habeas corpus, or​ 82.23 intrastate mandatory disposition of detainers proceedings; the transfer of a person by​ 82.24 emergency medical services personnel; or the transfer of a person by a peace officer as​ 82.25 defined in section 626.84, subdivision 1, paragraph (c).​ 82.26 A person covered by this subdivision may perform the traffic-control duties in clause​ 82.27 (4) in place of a police officer when a special permit is required, provided that the protective​ 82.28 agent is first-aid qualified.​ 82​ Article 5 Sec. 13.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 83.1 Sec. 14. Minnesota Statutes 2023 Supplement, section 326.3387, subdivision 1, is amended​ 83.2 to read:​ 83.3 Subdivision 1. Basis for action. (a) The board may revoke or suspend or refuse to issue​ 83.4 or reissue a private detective or protective agent license if:​ 83.5 (1) the license holder violates a provision of sections 326.32 to 326.339 or a rule adopted​ 83.6 under those sections;​ 83.7 (2) the license holder has engaged in fraud, deceit, or misrepresentation while in the​ 83.8 business of private detective or protective agent;​ 83.9 (3) the license holder has made a false statement in an application submitted to the board​ 83.10 or in a document required to be submitted to the board;​ 83.11 (4) the license holder violates an order of the board; or​ 83.12 (5) the individual or entity previously operated without a license.​ 83.13 (b) The board must revoke or suspend or refuse to issue or reissue a protective agent​ 83.14 license if the license holder provides guards or other security personnel to transport prisoners​ 83.15 or any other person arrested on a warrant and the board determines that the license holder​ 83.16 or any employee or agent of the license holder committed an act in any place that, if​ 83.17 committed in Minnesota, would constitute criminal sexual conduct against a person being​ 83.18 transported or committed an act in any place that involved the unreasonable use of force on​ 83.19 a person being transported.​ 83.20 Sec. 15. Minnesota Statutes 2022, section 326.3388, is amended to read:​ 83.21 326.3388 ADMINISTRATIVE PENALTIES.​ 83.22 The board shall, by rule, establish a graduated schedule of administrative penalties for​ 83.23 violations of sections 326.32 to 326.339 or the board's rules. The schedule must include​ 83.24 minimum and maximum penalties for each violation and be based on and reflect the​ 83.25 culpability, frequency, and severity of the violator's actions. The minimum penalty for an​ 83.26 act described in section 326.3387, subdivision 1, paragraph (b), must be $10,000 for each​ 83.27 act. The board may impose a penalty from the schedule on a license holder for a violation​ 83.28 of sections 326.32 to 326.339 or the rules of the board. The penalty is in addition to any​ 83.29 criminal penalty imposed for the same violation. Administrative penalties imposed by the​ 83.30 board must be paid to the general fund.​ 83​ Article 5 Sec. 15.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 84.1 Sec. 16. MOTOR VEHICLE REGISTRATION COMPLIANCE WORKING GROUP.​ 84.2 Subdivision 1. Definitions. (a) For purposes of this section, the following terms have​ 84.3 the meanings given.​ 84.4 (b) "Commissioner" means the commissioner of public safety.​ 84.5 (c) "Working group" means the motor vehicle registration compliance working group​ 84.6 required under this section.​ 84.7 Subd. 2. Establishment. The commissioner of public safety must convene a working​ 84.8 group by September 1, 2024, to examine motor vehicle registration and registration tax​ 84.9 collection and compliance.​ 84.10 Subd. 3. Membership. (a) In addition to appropriate representatives of the Department​ 84.11 of Public Safety, the commissioner must solicit the following individuals to participate in​ 84.12 the working group:​ 84.13 (1) one member representing the Department of Transportation, appointed by the​ 84.14 commissioner of transportation;​ 84.15 (2) one member representing the Department of Revenue, appointed by the commissioner​ 84.16 of revenue;​ 84.17 (3) one member representing Tribal governments;​ 84.18 (4) one member appointed by the Center for Transportation Studies at the University of​ 84.19 Minnesota;​ 84.20 (5) one member appointed by the Minnesota Chiefs of Police Association;​ 84.21 (6) one member appointed by the Minnesota Sheriffs' Association;​ 84.22 (7) one member appointed by the Minnesota Peace and Police Officers Association;​ 84.23 (8) one member appointed by the Association of Minnesota Counties;​ 84.24 (9) one member appointed by the League of Minnesota Cities;​ 84.25 (10) one member appointed by the Minnesota Deputy Registrars Association;​ 84.26 (11) one member appointed by the Deputy Registrar Business Owners Association;​ 84.27 (12) one member appointed by the Minnesota Automobile Dealers Association;​ 84.28 (13) one member appointed by AAA Minnesota; and​ 84.29 (14) one member appointed by the Minnesota Transportation Alliance.​ 84​ Article 5 Sec. 16.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 85.1 (b) The commissioner may solicit participation in the working group by additional​ 85.2 individuals if the commissioner determines that particular expertise or perspective would​ 85.3 be beneficial to the working group in the performance of its duties.​ 85.4 Subd. 4. Appointment; vacancy. Members of the working group serve at the pleasure​ 85.5 of the appointing authority or until the working group expires. Vacancies must be filled by​ 85.6 the appointing authority.​ 85.7 Subd. 5. Duties. (a) At a minimum, the working group must:​ 85.8 (1) identify and evaluate potential methods for enforcement of motor vehicle registration​ 85.9 and registration tax payment requirements that would replace enforcement through the use​ 85.10 of criminal penalties, including but not limited to:​ 85.11 (i) alignment with individual income taxes;​ 85.12 (ii) revenue recapture; and​ 85.13 (iii) retention of license plates with a vehicle following a change of vehicle ownership;​ 85.14 and​ 85.15 (2) develop recommendations, a legislative proposal, or both, related to motor vehicle​ 85.16 registration and registration tax compliance through methods other than the use of criminal​ 85.17 penalties.​ 85.18 (b) In evaluating methods under paragraph (a), clause (2), the working group must use​ 85.19 criteria that include effectiveness, administrative efficiency, equity, burdens on motor vehicle​ 85.20 owners, and substantial elimination of vehicle registration enforcement through traffic stops​ 85.21 performed by peace officers.​ 85.22 Subd. 6. Administration. (a) The commissioner must provide administrative support​ 85.23 to the working group. Upon request of the working group, the commissioners of​ 85.24 transportation and revenue must provide relevant technical support.​ 85.25 (b) Members of the working group are not eligible for compensation.​ 85.26 (c) The working group is subject to the Minnesota Open Meeting Law under Minnesota​ 85.27 Statutes, chapter 13D.​ 85.28 (d) The working group is subject to the Minnesota Data Practices Act under Minnesota​ 85.29 Statutes, chapter 13.​ 85.30 Subd. 7. Report. By February 15, 2025, the commissioner must submit a report on motor​ 85.31 vehicle registration compliance to the chairs and ranking minority members of the legislative​ 85.32 committees and divisions with jurisdiction over transportation and public safety. At a​ 85​ Article 5 Sec. 16.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 86.1 minimum, the report must summarize the activities of the working group and provide​ 86.2 information related to each of the duties specified in subdivision 3.​ 86.3 Subd. 8. Expiration. The working group expires June 30, 2025.​ 86.4 Sec. 17. TASK FORCE ON HOLISTIC AND EFFECTIVE RESPONSES TO​ 86.5 ILLICIT DRUG USE.​ 86.6 Subdivision 1. Establishment. The Task Force on Holistic and Effective Responses to​ 86.7 Illicit Drug Use is established to review the reports on approaches to address illicit drug use​ 86.8 in Minnesota prepared and submitted pursuant to Laws 2023, chapter 52, article 2, section​ 86.9 3, subdivision 8, paragraph (v); develop a phased timeline for implementation of policy​ 86.10 changes; and make policy and funding recommendations to the legislature.​ 86.11 Subd. 2. Membership. (a) The task force consists of the following members:​ 86.12 (1) the state public defender or a designee;​ 86.13 (2) two county attorneys, one from a county in the metropolitan area as defined in​ 86.14 Minnesota Statutes, section 473.121, subdivision 2, and one from a county outside the​ 86.15 metropolitan area, appointed by the Minnesota County Attorneys Association;​ 86.16 (3) one peace officer, as defined in Minnesota Statutes, section 626.84, subdivision 1,​ 86.17 paragraph (c), appointed by the Minnesota Sheriffs' Association;​ 86.18 (4) one peace officer, as defined in Minnesota Statutes, section 626.84, subdivision 1,​ 86.19 paragraph (c), appointed by the Minnesota Police and Peace Officers Association;​ 86.20 (5) two medical professionals, one with expertise in substance use disorder treatment​ 86.21 and one with experience working with harm reduction providers, appointed by the Minnesota​ 86.22 Medical Association;​ 86.23 (6) one member appointed by the Minnesota Association of Criminal Defense Lawyers;​ 86.24 (7) one member representing a Tribal government, appointed by the Indian Affairs​ 86.25 Council;​ 86.26 (8) one member with knowledge of expungement law, representing criminal legal reform​ 86.27 organizations;​ 86.28 (9) one academic researcher specializing in drug use or drug policy;​ 86.29 (10) one member with lived experience with drug use;​ 86.30 (11) one member who resides in a community that has been disproportionately impacted​ 86.31 by drug sentencing laws;​ 86​ Article 5 Sec. 17.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 87.1 (12) one member representing an organization with knowledge of youth intervention​ 87.2 services and the juvenile justice system; and​ 87.3 (13) one member, appointed by the Minnesota Association of County Social Service​ 87.4 Administrators, with experience administering supportive social services, including mental​ 87.5 health, substance use disorder, housing, and other related services.​ 87.6 (b) The members identified in paragraph (a), clauses (8) to (12), must be appointed by​ 87.7 the governor.​ 87.8 (c) Appointments must be made no later than August 31, 2024.​ 87.9 (d) Members of the task force serve without compensation.​ 87.10 (e) Members of the task force serve at the pleasure of the appointing authority or until​ 87.11 the task force expires. Vacancies shall be filled by the appointing authority consistent with​ 87.12 the qualifications of the vacating member required by this subdivision.​ 87.13 Subd. 3. Duties. (a) The task force must:​ 87.14 (1) review and analyze the research and recommendations released in reports prepared​ 87.15 by Rise Research pursuant to Laws 2023, chapter 52, article 2, section 3, subdivision 8,​ 87.16 paragraph (v);​ 87.17 (2) collect, review, and analyze other relevant information and data;​ 87.18 (3) gather and consider input and feedback from the public, including but not limited to​ 87.19 feedback from individuals with lived experience involving the use of illicit drugs and family​ 87.20 members of persons with that lived experience; and​ 87.21 (4) make recommendations, including specific plans and timeline goals, to implement​ 87.22 and fund policies addressing illicit drug use, with the goal of reducing and, where possible,​ 87.23 preventing harm to users of illicit drugs and promoting the health and safety of individuals​ 87.24 and communities.​ 87.25 (b) The task force may examine other issues relevant to the duties specified in this​ 87.26 subdivision.​ 87.27 Subd. 4. Officers; meetings. (a) The director of the Office of Addiction and Recovery​ 87.28 shall convene the first meeting of the task force by September 30, 2024.​ 87.29 (b) At the first meeting, the members of the task force shall elect a chair and vice-chair,​ 87.30 and may elect other officers as the members deem necessary.​ 87​ Article 5 Sec. 17.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 88.1 (c) The task force shall meet monthly or as determined by the chair. The task force shall​ 88.2 meet a sufficient amount of time to accomplish the tasks identified in this section. Meetings​ 88.3 of the task force are subject to Minnesota Statutes, chapter 13D.​ 88.4 Subd. 5. Staff; meeting space. The Office of Addiction and Recovery shall provide​ 88.5 support staff, office and meeting space, and administrative services for the task force.​ 88.6 Subd. 6. Report. The task force must submit a report to the chairs and ranking minority​ 88.7 members of the legislative committees and divisions with jurisdiction over public safety,​ 88.8 health, and human services on the work, findings, and recommendations of the task force.​ 88.9 The recommendations of the task force must include proposed legislation and implementation​ 88.10 plans. The task force must submit the report by February 15, 2025. The task force may​ 88.11 submit additional information to the legislature.​ 88.12 Subd. 7. Expiration. The task force expires on June 30, 2025.​ 88.13 Sec. 18. TASK FORCE ON DOMESTIC VIOLENCE AND FIREARM​ 88.14 SURRENDER.​ 88.15 Subdivision 1. Establishment. The Task Force on Domestic Violence and Firearm​ 88.16 Surrender is established to review existing laws that require the surrender of firearms by​ 88.17 individuals subject to an order for protection, subject to an extreme risk protection order,​ 88.18 or convicted of domestic assault, harassment, or stalking; identify best practices to ensure​ 88.19 the surrender of firearms that prioritize the safety of peace officers, victims, and others;​ 88.20 identify policies and procedures that reduce the danger to peace officers and other emergency​ 88.21 responders called to an incident involving domestic violence; and make policy and funding​ 88.22 recommendations to the legislature.​ 88.23 Subd. 2. Membership. (a) The task force consists of the following members:​ 88.24 (1) the commissioner of public safety, or a designee;​ 88.25 (2) the director of the Missing and Murdered Indigenous Relatives Office, or a designee;​ 88.26 (3) the chief justice of the supreme court, or a designee;​ 88.27 (4) the state public defender, or a designee;​ 88.28 (5) a county attorney appointed by the Minnesota County Attorneys Association;​ 88.29 (6) an individual appointed by the Indian Affairs Council;​ 88.30 (7) a peace officer as defined in Minnesota Statutes, section 626.84, subdivision 1,​ 88.31 paragraph (c), appointed by the Minnesota Chiefs of Police Association;​ 88​ Article 5 Sec. 18.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 89.1 (8) a peace officer as defined in Minnesota Statutes, section 626.84, subdivision 1,​ 89.2 paragraph (c), appointed by the Minnesota Sheriffs' Association;​ 89.3 (9) an individual appointed by Violence Free Minnesota;​ 89.4 (10) an individual appointed by Minnesota Coalition Against Sexual Assault; and​ 89.5 (11) an individual appointed by the Gun Violence Prevention Law Clinic at the University​ 89.6 of Minnesota Law School.​ 89.7 (b) Appointments must be made no later than September 1, 2024.​ 89.8 (c) Members shall serve without compensation.​ 89.9 (d) Members of the task force serve at the pleasure of the appointing authority or until​ 89.10 the task force expires. Vacancies shall be filled by the appointing authority consistent with​ 89.11 the qualifications of the vacating member required by this subdivision.​ 89.12 Subd. 3. Officers; meetings. (a) The commissioner of public safety shall convene the​ 89.13 first meeting of the task force no later than September 15, 2024, and shall provide meeting​ 89.14 space and administrative assistance for the task force to conduct its work.​ 89.15 (b) At its first meeting, the task force must elect a chair and vice-chair from among its​ 89.16 members. The task force may elect other officers as necessary.​ 89.17 (c) The task force shall meet at least monthly or upon the call of the chair. The task force​ 89.18 shall meet a sufficient amount of time to accomplish the tasks identified in this section.​ 89.19 Meetings of the task force are subject to Minnesota Statutes, chapter 13D.​ 89.20 Subd. 4. Duties. (a) The task force shall, at a minimum:​ 89.21 (1) examine existing laws requiring the surrender of firearms by individuals subject to​ 89.22 orders for protection, convicted of domestic assault, and convicted of harassment or stalking;​ 89.23 (2) examine existing policies and procedures, if any, used in Minnesota to enforce orders​ 89.24 requiring the surrender of firearms by individuals subject to an order for protection or​ 89.25 convicted of domestic assault, harassment, or stalking;​ 89.26 (3) examine laws, policies, and procedures in other states related to enforcing orders​ 89.27 requiring the surrender of firearms;​ 89.28 (4) identify barriers to enforcing orders in Minnesota that require the surrender of firearms​ 89.29 by individuals subject to an order for protection or convicted of domestic assault, harassment,​ 89.30 or stalking;​ 89​ Article 5 Sec. 18.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 90.1 (5) identify best practices for enforcing orders requiring the surrender of firearms,​ 90.2 prioritizing practices that protect the safety of peace officers, prosecutors, judges and court​ 90.3 staff, victims, and others;​ 90.4 (6) identify policies and procedures that reduce the danger to peace officers and other​ 90.5 emergency responders called to an incident involving domestic violence; and​ 90.6 (7) make policy and funding recommendations to the legislature.​ 90.7 (b) At its discretion, the task force may examine other issues consistent with this section.​ 90.8 Subd. 5. Recommendations; report. The task force may issue recommendations and​ 90.9 reports at any time during its existence. By February 1, 2025, the task force must submit a​ 90.10 report to the chairs and ranking minority members of the legislative committees and divisions​ 90.11 with jurisdiction over public safety finance and policy on the findings and recommendations​ 90.12 of the task force.​ 90.13 Subd. 6. Expiration. The task force expires the day after submitting its report under​ 90.14 subdivision 5.​ 90.15 Sec. 19. GRAND PORTAGE BAND OF LAKE SUPERIOR CHIPPEWA TRIBE;​ 90.16 COAST GUARD SERVICES; GRANT PURPOSES EXPANSION.​ 90.17 In addition to the uses specified in Laws 2023, chapter 52, article 2, section 3, subdivision​ 90.18 3, paragraph (d), the Grand Portage Band of Lake Superior Chippewa may use the grant​ 90.19 awarded for equipment, personnel, patrolling, and other related costs of providing coast​ 90.20 guard services off the north shore of Lake Superior.​ 90.21 ARTICLE 6​ 90.22 CRIMINAL PROVISIONS​ 90.23 Section 1. Minnesota Statutes 2023 Supplement, section 146A.08, subdivision 1, is​ 90.24 amended to read:​ 90.25 Subdivision 1. Prohibited conduct. (a) The commissioner may impose disciplinary​ 90.26 action as described in section 146A.09 against any unlicensed complementary and alternative​ 90.27 health care practitioner. The following conduct is prohibited and is grounds for disciplinary​ 90.28 action:​ 90.29 (b) Conviction of a crime, including a finding or verdict of guilt, an admission of guilt,​ 90.30 or a no-contest plea, in any court in Minnesota or any other jurisdiction in the United States,​ 90.31 reasonably related to engaging in complementary and alternative health care practices.​ 90​ Article 6 Section 1.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 91.1 Conviction, as used in this subdivision, includes a conviction of an offense which, if​ 91.2 committed in this state, would be deemed a felony, gross misdemeanor, or misdemeanor,​ 91.3 without regard to its designation elsewhere, or a criminal proceeding where a finding or​ 91.4 verdict of guilty is made or returned but the adjudication of guilt is either withheld or not​ 91.5 entered.​ 91.6 (c) Conviction of any crime against a person. For purposes of this chapter, a crime against​ 91.7 a person means violations of the following: sections 609.185; 609.19; 609.195; 609.20;​ 91.8 609.205; 609.2112; 609.2113; 609.2114; 609.215; 609.221; 609.222; 609.223; 609.224;​ 91.9 609.2242; 609.23; 609.231; 609.2325; 609.233; 609.2335; 609.235; 609.24; 609.245;​ 91.10 609.247; 609.25; 609.255; 609.26, subdivision 1, clause (1) or (2); 609.265; 609.342;​ 91.11 609.343; 609.344; 609.345; 609.365; 609.498, subdivision 1 or 1b; 609.50, subdivision 1,​ 91.12 clause (1); 609.561; 609.562; 609.595; and 609.72, subdivision 3; and Minnesota Statutes​ 91.13 2012, section 609.21.​ 91.14 (d) Failure to comply with the self-reporting requirements of section 146A.03, subdivision​ 91.15 7.​ 91.16 (e) Engaging in sexual contact with a complementary and alternative health care client,​ 91.17 engaging in contact that may be reasonably interpreted by a client as sexual, engaging in​ 91.18 any verbal behavior that is seductive or sexually demeaning to the client, or engaging in​ 91.19 sexual exploitation of a client or former client.​ 91.20 (f) Advertising that is false, fraudulent, deceptive, or misleading.​ 91.21 (g) Conduct likely to deceive, defraud, or harm the public or demonstrating a willful or​ 91.22 careless disregard for the health, welfare, or safety of a complementary and alternative​ 91.23 health care client; or any other practice that may create danger to any client's life, health,​ 91.24 or safety, in any of which cases, proof of actual injury need not be established.​ 91.25 (h) Adjudication as mentally incompetent or as a person who is dangerous to self or​ 91.26 adjudication pursuant to chapter 253B as chemically dependent, mentally ill, developmentally​ 91.27 disabled, mentally ill and dangerous to the public, or as a sexual psychopathic personality​ 91.28 or sexually dangerous person.​ 91.29 (i) Inability to engage in complementary and alternative health care practices with​ 91.30 reasonable safety to complementary and alternative health care clients.​ 91.31 (j) The habitual overindulgence in the use of or the dependence on intoxicating liquors.​ 91​ Article 6 Section 1.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 92.1 (k) Improper or unauthorized personal or other use of any legend drugs as defined in​ 92.2 chapter 151, any chemicals as defined in chapter 151, or any controlled substance as defined​ 92.3 in chapter 152.​ 92.4 (l) Revealing a communication from, or relating to, a complementary and alternative​ 92.5 health care client except when otherwise required or permitted by law.​ 92.6 (m) Failure to comply with a complementary and alternative health care client's request​ 92.7 made under sections 144.291 to 144.298 or to furnish a complementary and alternative​ 92.8 health care client record or report required by law.​ 92.9 (n) Splitting fees or promising to pay a portion of a fee to any other professional other​ 92.10 than for services rendered by the other professional to the complementary and alternative​ 92.11 health care client.​ 92.12 (o) Engaging in abusive or fraudulent billing practices, including violations of the federal​ 92.13 Medicare and Medicaid laws or state medical assistance laws.​ 92.14 (p) Failure to make reports as required by section 146A.03 or cooperate with an​ 92.15 investigation of the office.​ 92.16 (q) Obtaining money, property, or services from a complementary and alternative health​ 92.17 care client, other than reasonable fees for services provided to the client, through the use​ 92.18 of undue influence, harassment, duress, deception, or fraud.​ 92.19 (r) Failure to provide a complementary and alternative health care client with a copy of​ 92.20 the client bill of rights or violation of any provision of the client bill of rights.​ 92.21 (s) Violating any order issued by the commissioner.​ 92.22 (t) Failure to comply with any provision of sections 146A.01 to 146A.11 and the rules​ 92.23 adopted under those sections.​ 92.24 (u) Failure to comply with any additional disciplinary grounds established by the​ 92.25 commissioner by rule.​ 92.26 (v) Revocation, suspension, restriction, limitation, or other disciplinary action against​ 92.27 any health care license, certificate, registration, or right to practice of the unlicensed​ 92.28 complementary and alternative health care practitioner in this or another state or jurisdiction​ 92.29 for offenses that would be subject to disciplinary action in this state or failure to report to​ 92.30 the office that charges regarding the practitioner's license, certificate, registration, or right​ 92.31 of practice have been brought in this or another state or jurisdiction.​ 92​ Article 6 Section 1.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 93.1 (w) Use of the title "doctor," "Dr.," or "physician" alone or in combination with any​ 93.2 other words, letters, or insignia to describe the complementary and alternative health care​ 93.3 practices the practitioner provides.​ 93.4 (x) Failure to provide a complementary and alternative health care client with a​ 93.5 recommendation that the client see a health care provider who is licensed or registered by​ 93.6 a health-related licensing board or the commissioner of health, if there is a reasonable​ 93.7 likelihood that the client needs to be seen by a licensed or registered health care provider.​ 93.8 EFFECTIVE DATE. This section is effective August 1, 2024, and applies to violations​ 93.9 that occur on or after that date.​ 93.10 Sec. 2. Minnesota Statutes 2022, section 152.025, subdivision 4, is amended to read:​ 93.11 Subd. 4. Penalty. (a) A person convicted under the provisions of subdivision 2, clause​ 93.12 (1), who has not been previously convicted of a violation of this chapter or a similar offense​ 93.13 in another jurisdiction, is guilty of a gross misdemeanor if: (1) the amount of the controlled​ 93.14 substance possessed, other than heroin, is less than 0.25 grams or one dosage unit or less if​ 93.15 the controlled substance was possessed in dosage units; or (2) the controlled substance​ 93.16 possessed is heroin and the amount possessed is less than 0.05 grams.​ 93.17 (b) A person convicted under the provisions of subdivision 1; subdivision 2, clause (1),​ 93.18 unless the conduct is described in paragraph (a); or subdivision 2, clause (2), may be​ 93.19 sentenced to imprisonment for not more than five years or to payment of a fine of not more​ 93.20 than $10,000, or both.​ 93.21 (c) If a peace officer encounters a person who is suspected of violating this section, the​ 93.22 peace officer may refer the person to a local service provider that can offer substance use​ 93.23 assistance to the person. Upon request at the time of initial contact, a peace officer must, if​ 93.24 practicable and available, provide a person suspected of violating this section with a referral​ 93.25 to local service providers. For purposes of this paragraph, "local service provider" includes​ 93.26 but is not limited to substance use disorder treatment and recovery providers, peer support​ 93.27 groups and systems, homeless shelters, detoxification centers, hospital systems, mental​ 93.28 health crisis centers, naloxone providers, syringe service providers, and harm reduction​ 93.29 programs.​ 93.30 Sec. 3. Minnesota Statutes 2022, section 243.167, subdivision 1, is amended to read:​ 93.31 Subdivision 1. Definition. As used in this section, "crime against the person" means a​ 93.32 violation of any of the following or a similar law of another state or of the United States:​ 93​ Article 6 Sec. 3.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 94.1 section 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 609.221; 609.222; 609.223;​ 94.2 609.2231; 609.224, subdivision 2 or 4; 609.2242, subdivision 2 or 4; 609.2247; 609.235;​ 94.3 609.245, subdivision 1; 609.25; 609.255; 609.3451, subdivision 2; 609.498, subdivision 1​ 94.4 or 1b; 609.582, subdivision 1; or 617.23, subdivision 2; or any felony-level violation of​ 94.5 section 609.229; 609.377; 609.749; or 624.713.​ 94.6 Sec. 4. Minnesota Statutes 2022, section 609.06, subdivision 1, as amended by Laws 2024,​ 94.7 chapter 78, section 7, is amended to read:​ 94.8 Subdivision 1. When authorized. Except as otherwise provided in subdivisions 2 and​ 94.9 3 to 4, reasonable force may be used upon or toward the person of another without the​ 94.10 other's consent when the following circumstances exist or the actor reasonably believes​ 94.11 them to exist:​ 94.12 (1) when used by a public officer or one assisting a public officer under the public​ 94.13 officer's direction:​ 94.14 (i) in effecting a lawful arrest; or​ 94.15 (ii) in the execution of legal process; or​ 94.16 (iii) in enforcing an order of the court; or​ 94.17 (iv) in executing any other duty imposed upon the public officer by law; or​ 94.18 (2) when used by a person not a public officer in arresting another in the cases and in​ 94.19 the manner provided by law and delivering the other to an officer competent to receive the​ 94.20 other into custody; or​ 94.21 (3) when used by any person in resisting or aiding another to resist an offense against​ 94.22 the person; or​ 94.23 (4) when used by any person in lawful possession of real or personal property, or by​ 94.24 another assisting the person in lawful possession, in resisting a trespass upon or other​ 94.25 unlawful interference with such property; or​ 94.26 (5) when used by any person to prevent the escape, or to retake following the escape,​ 94.27 of a person lawfully held on a charge or conviction of a crime; or​ 94.28 (6) when used by a parent, guardian, or other lawful custodian of a child, in the exercise​ 94.29 of lawful authority, to restrain or correct such child; or​ 94​ Article 6 Sec. 4.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 95.1 (7) when used by a teacher, school principal, school employee, school bus driver, or​ 95.2 other agent of a district in the exercise of lawful authority, to restrain a child or pupil to​ 95.3 prevent bodily harm or death to the child, pupil, or another; or​ 95.4 (8) when used by a common carrier in expelling a passenger who refuses to obey a lawful​ 95.5 requirement for the conduct of passengers and reasonable care is exercised with regard to​ 95.6 the passenger's personal safety; or​ 95.7 (9) when used to restrain a person with a mental illness or a person with a developmental​ 95.8 disability from self-injury or injury to another or when used by one with authority to do so​ 95.9 to compel compliance with reasonable requirements for the person's control, conduct, or​ 95.10 treatment; or​ 95.11 (10) when used by a public or private institution providing custody or treatment against​ 95.12 one lawfully committed to it to compel compliance with reasonable requirements for the​ 95.13 control, conduct, or treatment of the committed person.​ 95.14 EFFECTIVE DATE. This section is effective August 1, 2024, and applies to crimes​ 95.15 committed on or after that date.​ 95.16 Sec. 5. Minnesota Statutes 2022, section 609.06, is amended by adding a subdivision to​ 95.17 read:​ 95.18 Subd. 4. Use of force not authorized; reaction to victim's sexual orientation or​ 95.19 gender identity. Force may not be used against another based on the discovery of, knowledge​ 95.20 about, or potential disclosure of the victim's actual or perceived sexual orientation, gender​ 95.21 identity, or gender expression.​ 95.22 EFFECTIVE DATE. This section is effective August 1, 2024, and applies to crimes​ 95.23 committed on or after that date.​ 95.24 Sec. 6. Minnesota Statutes 2022, section 609.075, is amended to read:​ 95.25 609.075 DEFENSES; INTOXICATION AS DEFENSE, REACTION TO VICTIM'S​ 95.26 SEXUAL ORIENTATION OR GENDER IDENTITY.​ 95.27 Subdivision 1. Intoxication as defense. An act committed while in a state of voluntary​ 95.28 intoxication is not less criminal by reason thereof, but when a particular intent or other state​ 95.29 of mind is a necessary element to constitute a particular crime, the fact of intoxication may​ 95.30 be taken into consideration in determining such intent or state of mind.​ 95​ Article 6 Sec. 6.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 96.1 Subd. 2. Reaction to victim's sexual orientation or gender identity. It is not a defense​ 96.2 to a crime that the defendant acted based on the discovery of, knowledge about, or potential​ 96.3 disclosure of the victim's actual or perceived sexual orientation, gender identity, or gender​ 96.4 expression.​ 96.5 EFFECTIVE DATE. This section is effective August 1, 2024, and applies to crimes​ 96.6 committed on or after that date.​ 96.7 Sec. 7. Minnesota Statutes 2022, section 609.1056, is amended by adding a subdivision​ 96.8 to read:​ 96.9 Subd. 3a. Reporting. (a) If the court imposes a deferred sentence under subdivision 2,​ 96.10 paragraph (b), the court shall prepare a deferred sentence report containing the following​ 96.11 information:​ 96.12 (1) the name of the defendant;​ 96.13 (2) the case number;​ 96.14 (3) the underlying charge or charges;​ 96.15 (4) the fact that proceedings have been deferred pursuant to this section;​ 96.16 (5) the length of the term of probation ordered by the court;​ 96.17 (6) the conditions of probation; and​ 96.18 (7) a copy of the sentencing worksheet prepared pursuant to section 609.115, if a​ 96.19 worksheet was prepared.​ 96.20 (b) If the defendant violates a condition of probation and the court enters an adjudication​ 96.21 of guilt as described in subdivision 2, paragraph (d), the court shall prepare a violation report​ 96.22 containing the following information:​ 96.23 (1) the name of the defendant;​ 96.24 (2) the case number;​ 96.25 (3) whether the violation was a technical violation as defined in section 244.195,​ 96.26 subdivision 15, or involved allegation of a subsequent criminal act; and​ 96.27 (4) the sentence announced by the court.​ 96.28 (c) The deferred sentence report prepared under paragraph (a), any violation report​ 96.29 prepared under paragraph (b), and a record of any discharge and dismissal prepared pursuant​ 96.30 to subdivision 3 must be forwarded to the Sentencing Guidelines Commission. By January​ 96​ Article 6 Sec. 7.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 97.1 15 of each year, the Sentencing Guidelines Commission shall provide a report to the​ 97.2 committees and divisions with jurisdiction over public safety finance and policy and veterans​ 97.3 and military affairs finance and policy that consists solely of summary data and includes:​ 97.4 (1) the number of individuals who received a deferred sentence pursuant to subdivision​ 97.5 2, paragraph (b), in the previous year, disaggregated by county;​ 97.6 (2) the number of individuals who received an adjudication of guilt as described in​ 97.7 subdivision 2, paragraph (d), in the previous year, disaggregated by county;​ 97.8 (3) for the individuals identified in clause (2), the number who committed a technical​ 97.9 violation of probation and the number alleged to have committed a subsequent criminal act;​ 97.10 and​ 97.11 (4) the number of proceedings dismissed pursuant to subdivision 3 in the previous year,​ 97.12 disaggregated by county.​ 97.13 (d) The report required under paragraph (c) may be submitted as a section of any other​ 97.14 annual report required to be submitted by the Sentencing Guidelines Commission.​ 97.15 EFFECTIVE DATE. This section is effective August 1, 2024, and applies to deferred​ 97.16 sentences announced on or after that date.​ 97.17 Sec. 8. Minnesota Statutes 2023 Supplement, section 609.1095, subdivision 1, is amended​ 97.18 to read:​ 97.19 Subdivision 1. Definitions. (a) As used in this section, the following terms have the​ 97.20 meanings given.​ 97.21 (b) "Conviction" means any of the following accepted and recorded by the court: a plea​ 97.22 of guilty, a verdict of guilty by a jury, or a finding of guilty by the court. The term includes​ 97.23 a conviction by any court in Minnesota or another jurisdiction.​ 97.24 (c) "Prior conviction" means a conviction that occurred before the offender committed​ 97.25 the next felony resulting in a conviction and before the offense for which the offender is​ 97.26 being sentenced under this section.​ 97.27 (d) "Violent crime" means a violation of or an attempt or conspiracy to violate any of​ 97.28 the following laws of this state or any similar laws of the United States or any other state:​ 97.29 sections 152.137; 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 609.2112; 609.2113;​ 97.30 609.2114; 609.221; 609.222; 609.223; 609.228; 609.235; 609.24; 609.245; 609.247; 609.25;​ 97.31 609.255; 609.2661; 609.2662; 609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268;​ 97.32 609.322; 609.342; 609.343; 609.344; 609.345; 609.498, subdivision 1 or 1b; 609.561;​ 97​ Article 6 Sec. 8.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 98.1 609.562; 609.582, subdivision 1; 609.66, subdivision 1e; 609.687; and 609.855, subdivision​ 98.2 5; any provision of sections 609.229; 609.377; 609.378; 609.749; and 624.713 that is​ 98.3 punishable by a felony penalty; or any provision of chapter 152 that is punishable by a​ 98.4 maximum sentence of 15 years or more; or Minnesota Statutes 2012, section 609.21.​ 98.5 Sec. 9. Minnesota Statutes 2023 Supplement, section 609.135, subdivision 2, is amended​ 98.6 to read:​ 98.7 Subd. 2. Stay of sentence maximum periods. (a) Except as provided in paragraph (b),​ 98.8 if the conviction is for a felony, the stay shall be for not more than five years or the maximum​ 98.9 period for which the sentence of imprisonment might have been imposed, whichever is less.​ 98.10 (b) If the conviction is for a felony described in violation of, or a felony-level attempt​ 98.11 or conspiracy to violate, section 609.19; 609.195; 609.20; 609.2112; 609.2113, subdivision​ 98.12 2; 609.2662; 609.2663; 609.2664; 609.268; 609.342; 609.343; 609.344; 609.345; 609.3451;​ 98.13 609.3458; or 609.749; or a felony-level attempt or conspiracy to violate section 609.185 or​ 98.14 609.2661, the stay shall be for not more than four years or the maximum period for which​ 98.15 the sentence of imprisonment might have been imposed, whichever is longer.​ 98.16 (c) If the conviction is for a gross misdemeanor violation of section 169A.20, 609.2113,​ 98.17 subdivision 3, or 609.3451, the stay shall be for not more than four years. The court shall​ 98.18 provide for unsupervised probation for the last year of the stay unless the court finds that​ 98.19 the defendant needs supervised probation for all or part of the last year.​ 98.20 (d) If the conviction is for a gross misdemeanor not specified in paragraph (c), the stay​ 98.21 shall be for not more than two years.​ 98.22 (e) If the conviction is for any misdemeanor under section 169A.20; 609.746, subdivision​ 98.23 1; 609.79; or 617.23; or for a misdemeanor under section 609.2242 or 609.224, subdivision​ 98.24 1, in which the victim of the crime was a family or household member as defined in section​ 98.25 518B.01, the stay shall be for not more than two years. The court shall provide for​ 98.26 unsupervised probation for the second year of the stay unless the court finds that the​ 98.27 defendant needs supervised probation for all or part of the second year.​ 98.28 (f) If the conviction is for a misdemeanor not specified in paragraph (e), the stay shall​ 98.29 be for not more than one year.​ 98.30 (g) The defendant shall be discharged six months after the term of the stay expires, unless​ 98.31 the stay has been revoked or extended under paragraph (h), or the defendant has already​ 98.32 been discharged.​ 98​ Article 6 Sec. 9.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 99.1 (h) Notwithstanding the maximum periods specified for stays of sentences under​ 99.2 paragraphs (a) to (g), a court may extend a defendant's term of probation for up to one year​ 99.3 if it finds, at a hearing conducted under subdivision 1a, that:​ 99.4 (1) the defendant has not paid court-ordered restitution in accordance with the payment​ 99.5 schedule or structure; and​ 99.6 (2) the defendant is likely to not pay the restitution the defendant owes before the term​ 99.7 of probation expires.​ 99.8 This one-year extension of probation for failure to pay restitution may be extended by the​ 99.9 court for up to one additional year if the court finds, at another hearing conducted under​ 99.10 subdivision 1a, that the defendant still has not paid the court-ordered restitution that the​ 99.11 defendant owes.​ 99.12 Nothing in this subdivision limits the court's ability to refer the case to collections under​ 99.13 section 609.104.​ 99.14 (i) Notwithstanding the maximum periods specified for stays of sentences under​ 99.15 paragraphs (a) to (g), a court may extend a defendant's term of probation for up to three​ 99.16 years if it finds, at a hearing conducted under subdivision 1c, that:​ 99.17 (1) the defendant has failed to complete court-ordered treatment successfully; and​ 99.18 (2) the defendant is likely not to complete court-ordered treatment before the term of​ 99.19 probation expires.​ 99.20 EFFECTIVE DATE. This section is effective August 1, 2024, and applies to sentences​ 99.21 announced on or after that date.​ 99.22 Sec. 10. Minnesota Statutes 2023 Supplement, section 609.14, subdivision 1, is amended​ 99.23 to read:​ 99.24 Subdivision 1. Grounds. (a) When it appears that the defendant has violated any of the​ 99.25 conditions of probation or intermediate sanction, or has otherwise been guilty of misconduct​ 99.26 which that warrants the imposing adjudication of guilt, or imposition or execution of sentence,​ 99.27 the court may without notice revoke the stay and direct that the defendant be taken into​ 99.28 immediate custody. Revocation shall only be used as a last resort when rehabilitation has​ 99.29 failed.​ 99.30 (b) When it appears that the defendant violated any of the conditions of probation during​ 99.31 the term of the stay, but the term of the stay has since expired, the defendant's probation​ 99.32 officer or the prosecutor may ask the court to initiate probation revocation proceedings​ 99​ Article 6 Sec. 10.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 100.1 under the Rules of Criminal Procedure at any time within six months after the expiration​ 100.2 of the stay. The court also may initiate proceedings under these circumstances on its own​ 100.3 motion. If proceedings are initiated within this six-month period, the court may conduct a​ 100.4 revocation hearing and take any action authorized under rule 27.04 at any time during or​ 100.5 after the six-month period.​ 100.6 (c) Notwithstanding the provisions of section 609.135 or any law to the contrary, after​ 100.7 proceedings to revoke the stay have been initiated by a court order revoking the stay and​ 100.8 directing either that the defendant be taken into custody or that a summons be issued in​ 100.9 accordance with paragraph (a), the proceedings to revoke the stay may be concluded and​ 100.10 the summary hearing provided by subdivision 2 may be conducted after the expiration of​ 100.11 the stay or after the six-month period set forth in paragraph (b). The proceedings to revoke​ 100.12 the stay shall not be dismissed on the basis that the summary hearing is conducted after the​ 100.13 term of the stay or after the six-month period. The ability or inability to locate or apprehend​ 100.14 the defendant prior to the expiration of the stay or during or after the six-month period shall​ 100.15 not preclude the court from conducting the summary hearing unless the defendant​ 100.16 demonstrates that the delay was purposefully caused by the state in order to gain an unfair​ 100.17 advantage.​ 100.18 Sec. 11. Minnesota Statutes 2022, section 609.14, subdivision 2, is amended to read:​ 100.19 Subd. 2. Notification of grounds for revocation. The defendant shall thereupon be​ 100.20 notified in writing and in such manner as the court directs of the grounds alleged to exist​ 100.21 for revocation of the stay of imposition or execution of sentence. If such grounds are brought​ 100.22 in issue by the defendant, a summary hearing shall be held thereon at which the defendant​ 100.23 is entitled to be heard and to be represented by counsel.​ 100.24 Sec. 12. Minnesota Statutes 2022, section 609.14, subdivision 3, is amended to read:​ 100.25 Subd. 3. Sentence. If any of such grounds are found to exist the court may:​ 100.26 (1) if imposition of sentence was previously stayed, again stay sentence or impose​ 100.27 sentence and stay the execution thereof, and in either event place the defendant on probation​ 100.28 or order intermediate sanctions pursuant to section 609.135, or impose sentence and order​ 100.29 execution thereof; or​ 100.30 (2) if sentence was previously imposed and execution thereof stayed, continue such stay​ 100.31 and place the defendant on probation or order intermediate sanctions in accordance with​ 100.32 the provisions of section 609.135, or order execution of the sentence previously imposed;​ 100.33 or​ 100​ Article 6 Sec. 12.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 101.1 (3) if adjudication was stayed or prosecution was deferred, continue the stay without​ 101.2 intermediate sanctions, continue it with intermediate sanctions, or adjudicate guilt and​ 101.3 proceed as otherwise provided, including, in the event of a felony conviction, as provided​ 101.4 in section 244.10.​ 101.5 Sec. 13. Minnesota Statutes 2022, section 609.14, is amended by adding a subdivision to​ 101.6 read:​ 101.7 Subd. 5. Definition. For the purposes of this section, "stay" means a stay of adjudication,​ 101.8 a stay of imposition, a stay of execution, or a deferred prosecution.​ 101.9 Sec. 14. Minnesota Statutes 2022, section 609.324, subdivision 1, is amended to read:​ 101.10 Subdivision 1. Engaging in, hiring, or agreeing to hire minor to engage in​ 101.11 prostitution; penalties. (a) Whoever intentionally does any of the following may be​ 101.12 sentenced to imprisonment for not more than 20 years or to payment of a fine of not more​ 101.13 than $40,000, or both:​ 101.14 (1) engages in prostitution with an individual under the age of 14 years;​ 101.15 (2) hires or offers or agrees to hire an individual under the age of 14 years to engage in​ 101.16 sexual penetration or sexual contact; or​ 101.17 (3) hires or offers or agrees to hire an individual who the actor reasonably believes to​ 101.18 be under the age of 14 years to engage in sexual penetration or sexual contact.​ 101.19 (b) Whoever intentionally does any of the following may be sentenced to imprisonment​ 101.20 for not more than ten years or to payment of a fine of not more than $20,000, or both:​ 101.21 (1) engages in prostitution with an individual under the age of 16 years but at least 14​ 101.22 years;​ 101.23 (2) hires or offers or agrees to hire an individual under the age of 16 years but at least​ 101.24 14 years to engage in sexual penetration or sexual contact; or​ 101.25 (3) hires or offers or agrees to hire an individual who the actor reasonably believes to​ 101.26 be under the age of 16 years but at least 13 14 years to engage in sexual penetration or sexual​ 101.27 contact.​ 101.28 (c) Whoever intentionally does any of the following may be sentenced to imprisonment​ 101.29 for not more than five years or to payment of a fine of not more than $10,000, or both:​ 101.30 (1) engages in prostitution with an individual under the age of 18 years but at least 16​ 101.31 years;​ 101​ Article 6 Sec. 14.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 102.1 (2) hires or offers or agrees to hire an individual under the age of 18 years but at least​ 102.2 16 years to engage in sexual penetration or sexual contact; or​ 102.3 (3) hires or offers or agrees to hire an individual who the actor reasonably believes to​ 102.4 be under the age of 18 years but at least 16 years to engage in sexual penetration or sexual​ 102.5 contact.​ 102.6 EFFECTIVE DATE. This section is effective August 1, 2024, and applies to crimes​ 102.7 committed on or after that date.​ 102.8 Sec. 15. Minnesota Statutes 2023 Supplement, section 609.522, subdivision 1, is amended​ 102.9 to read:​ 102.10 Subdivision 1. Definitions. (a) As used in this section, the following terms have the​ 102.11 meanings given.​ 102.12 (b) "Pattern of retail theft" means acts committed or directed by the defendant on at least​ 102.13 two separate occasions in the preceding six months that would constitute a violation of:​ 102.14 (1) section 609.52, subdivision 2, paragraph (a), clauses clause (1), (3), and or (4),​ 102.15 involving retail merchandise;​ 102.16 (2) section 609.521;​ 102.17 (3) section 609.53, subdivision 1, involving retail merchandise;​ 102.18 (4) section 609.582 when the building was a retail establishment; or​ 102.19 (5) section 609.59.​ 102.20 (c) "Retail establishment" means the building where a retailer sells retail merchandise.​ 102.21 (d) "Retail merchandise" means all forms of tangible property, without limitation, held​ 102.22 out for sale by a retailer.​ 102.23 (e) "Retail theft enterprise" means a group of two or more individuals with a shared goal​ 102.24 involving the unauthorized removal of retail merchandise from a retailer. Retail theft​ 102.25 enterprise does not require the membership of the enterprise to remain the same or that the​ 102.26 same individuals participate in each offense committed by the enterprise.​ 102.27 (f) "Retailer" means a person or entity that sells retail merchandise.​ 102.28 (g) "Value" means the retail market value at the time of the theft or, if the retail market​ 102.29 value cannot be ascertained, the cost of replacement of the property within a reasonable​ 102.30 time after the theft.​ 102​ Article 6 Sec. 15.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 103.1 Sec. 16. Minnesota Statutes 2023 Supplement, section 609.522, subdivision 2, is amended​ 103.2 to read:​ 103.3 Subd. 2. Organized retail theft. A person is guilty of organized retail theft if:​ 103.4 (1) the person is employed by or associated with a retail theft enterprise;​ 103.5 (2) the person has previously engaged in a pattern of retail theft and intentionally commits​ 103.6 an act or directs another member of the retail theft enterprise to commit an act involving​ 103.7 retail merchandise that would constitute a violation of:​ 103.8 (i) section 609.52, subdivision 2, paragraph (a), clauses clause (1), (3), and or (4); or​ 103.9 (ii) section 609.53, subdivision 1; and​ 103.10 (3) the person or another member of the retail theft enterprise:​ 103.11 (i) resells or intends to resell the stolen retail merchandise;​ 103.12 (ii) advertises or displays any item of the stolen retail merchandise for sale; or​ 103.13 (iii) returns any item of the stolen retail merchandise to a retailer for anything of value.​ 103.14 Sec. 17. Minnesota Statutes 2022, section 609.78, is amended by adding a subdivision to​ 103.15 read:​ 103.16 Subd. 2c. Felony offense; reporting fictitious emergency resulting in response to​ 103.17 the home of certain officials. Whoever violates subdivision 2, clause (2), is guilty of a​ 103.18 felony and may be sentenced to imprisonment for not more than one year or to payment of​ 103.19 a fine of not more than $5,000, or both, if the person places the call with the intent of​ 103.20 prompting an emergency response to the home of:​ 103.21 (1) an elected official;​ 103.22 (2) a judge as defined in section 609.221, subdivision 6, clause (5);​ 103.23 (3) a prosecuting attorney as defined in section 609.221, subdivision 6, clause (4);​ 103.24 (4) an employee of a correctional facility as defined in section 241.021, subdivision 1i;​ 103.25 or​ 103.26 (5) a peace officer as defined in section 626.84, subdivision 1, paragraph (c).​ 103.27 EFFECTIVE DATE. This section is effective August 1, 2024, and applies to crimes​ 103.28 committed on or after that date.​ 103​ Article 6 Sec. 17.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 104.1 Sec. 18. Minnesota Statutes 2022, section 609.78, subdivision 3, is amended to read:​ 104.2 Subd. 3. Definition. (a) Except as provided in paragraph (b), for purposes of this section,​ 104.3 "emergency call" means:​ 104.4 (1) a 911 call;​ 104.5 (2) any call for emergency medical or ambulance service; or​ 104.6 (3) any call for assistance from a police or fire department or for other assistance needed​ 104.7 in an emergency to avoid serious harm to person or property,​ 104.8 and an emergency exists.​ 104.9 (b) As used in subdivisions 1, clause (6); 2, clause (2); and 2a; and 2c:​ 104.10 (1) "call" includes the use of any method of communication including, but not limited​ 104.11 to: telephones, facsimiles, Voice over Internet Protocols, email messages, text messages,​ 104.12 and electronic transmissions of an image or video; and​ 104.13 (2) "emergency call" has the meaning given in paragraph (a) but does not require the​ 104.14 existence of an emergency.​ 104.15 EFFECTIVE DATE. This section is effective August 1, 2024.​ 104.16 Sec. 19. [609.84] SALE OF HUMAN REMAINS.​ 104.17 Subdivision 1. Definitions. (a) For purposes of this section, the following terms have​ 104.18 the meanings given.​ 104.19 (b) "Human remains" means any part of a dead human body, the cremated remains of a​ 104.20 dead human body, or the hydrolyzed remains of a dead human body.​ 104.21 (c) "Law enforcement agency" has the meaning given in section 626.84, subdivision 1,​ 104.22 paragraph (f).​ 104.23 (d) "Local organization for emergency management" has the meaning given in section​ 104.24 12.03, subdivision 6.​ 104.25 (e) "Search and rescue unit" means an organization, team, or individual authorized by​ 104.26 the state or federal government, a Tribal government, or by a county, city, town, or a​ 104.27 metropolitan airports commission organized and existing under sections 473.601 to 473.679​ 104.28 whose mission is to locate lost, missing, or trapped persons, victims of natural or other​ 104.29 disasters, and human bodies.​ 104​ Article 6 Sec. 19.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 105.1 Subd. 2. Sale of human remains prohibited; donation and reimbursement. (a) Except​ 105.2 as provided in paragraph (b), a person is prohibited from selling human remains or offering​ 105.3 human remains for sale.​ 105.4 (b) Paragraph (a) shall not be construed to limit the donation of human remains:​ 105.5 (1) to a licensed health care provider, an individual employed by or under contract with​ 105.6 a licensed health care provider, a public or private postsecondary educational institution,​ 105.7 or an individual employed by or under contract with a public or private postsecondary​ 105.8 educational institution, for legitimate medical or scientific purposes or for educational​ 105.9 purposes;​ 105.10 (2) to a company registered with the United States Food and Drug Administration or an​ 105.11 individual, company, or entity employed by or under contract with a company registered​ 105.12 with the United States Food and Drug Administration for legitimate medical or scientific​ 105.13 purposes, including but not limited to the development, manufacturing, and research of​ 105.14 medical products; or​ 105.15 (3) to a law enforcement agency, search and rescue unit, or local organization for​ 105.16 emergency management to conduct search and rescue training or to entities that train dogs​ 105.17 to locate dead human bodies.​ 105.18 (c) Paragraph (a) does not apply to the sale or offer for sale of human remains that is​ 105.19 incidental to the sale of real property, including undisturbed burial plots, cemeteries, crypts,​ 105.20 or other burial features.​ 105.21 (d) Nothing in this section shall be construed to prohibit a person from recovering​ 105.22 reasonable expenses for the processing, preservation, quality control, storage, transportation,​ 105.23 or final disposition of human remains for the legitimate purposes as described in this section.​ 105.24 Subd. 3. Penalty. A person who violates this section is guilty of a felony.​ 105.25 EFFECTIVE DATE. This section is effective the day following final enactment and​ 105.26 applies to crimes committed on or after that date.​ 105.27 ARTICLE 7​ 105.28 PREDATORY OFFENDERS​ 105.29 Section 1. Minnesota Statutes 2022, section 243.166, subdivision 1a, is amended to read:​ 105.30 Subd. 1a. Definitions. (a) As used in this section, unless the context clearly indicates​ 105.31 otherwise, the following terms have the meanings given them.​ 105​ Article 7 Section 1.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 106.1 (b) "Bureau" means the Bureau of Criminal Apprehension.​ 106.2 (c) "Conservator" has the meaning given in chapter 524.​ 106.3 (c) (d) "Corrections agent" means a county or state probation agent or other corrections​ 106.4 employee. The term also includes United States Probation and Pretrial Services System​ 106.5 employees who work with a person subject to this section.​ 106.6 (d) (e) "Dwelling" means the building where the person lives under a formal or informal​ 106.7 agreement to do so. However, dwelling does not include a supervised publicly or privately​ 106.8 operated shelter or facility designed to provide temporary living accommodations for​ 106.9 homeless individuals as defined in section 116L.361, subdivision 5.​ 106.10 (f) "Guardian" has the meaning given in chapter 524.​ 106.11 (e) (g) "Incarceration" and "confinement" do not include electronic home monitoring.​ 106.12 (f) (h) "Law enforcement authority" or "authority" means the chief of police of a home​ 106.13 rule charter or statutory city and the county sheriff of an unincorporated area in that county.​ 106.14 An authority must be located in Minnesota.​ 106.15 (g) (i) "Motor vehicle" has the meaning given in section 169.011, subdivision 92.​ 106.16 (j) "Power of attorney" has the meaning given in chapter 523.​ 106.17 (h) (k) "Primary address" means the mailing address of the person's dwelling. If the​ 106.18 mailing address is different from the actual location of the dwelling, primary address also​ 106.19 includes the physical location of the dwelling described with as much specificity as possible.​ 106.20 (i) (l) "School" includes any public or private educational institution, including any​ 106.21 secondary school, trade, or professional institution, or institution of higher education, that​ 106.22 the person is enrolled in on a full-time or part-time basis.​ 106.23 (j) (m) "Secondary address" means the mailing address of any place where the person​ 106.24 regularly or occasionally stays overnight when not staying at the person's primary address.​ 106.25 If the mailing address is different from the actual location of the place, secondary address​ 106.26 also includes the physical location of the place described with as much specificity as possible.​ 106.27 However, the location of a supervised publicly or privately operated shelter or facility​ 106.28 designated to provide temporary living accommodations for homeless individuals as defined​ 106.29 in section 116L.361, subdivision 5, does not constitute a secondary address.​ 106.30 (k) (n) "Treatment facility" means a residential facility, as defined in section 244.052,​ 106.31 subdivision 1, and residential substance use disorder treatment programs and halfway houses​ 106​ Article 7 Section 1.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 107.1 licensed under chapter 245A, including, but not limited to, those facilities directly or​ 107.2 indirectly assisted by any department or agency of the United States.​ 107.3 (l) (o) "Work" includes employment that is full time or part time for a period of time​ 107.4 exceeding 14 days or for an aggregate period of time exceeding 30 days during any calendar​ 107.5 year, whether financially compensated, volunteered, or for the purpose of government or​ 107.6 educational benefit.​ 107.7 Sec. 2. Minnesota Statutes 2023 Supplement, section 243.166, subdivision 1b, is amended​ 107.8 to read:​ 107.9 Subd. 1b. Registration required. (a) A person shall register under this section if:​ 107.10 (1) the person was charged with or petitioned for a felony violation of or attempt to​ 107.11 violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted​ 107.12 of or adjudicated delinquent for that offense or another offense arising out of the same set​ 107.13 of circumstances:​ 107.14 (i) murder under section 609.185, paragraph (a), clause (2);​ 107.15 (ii) kidnapping under section 609.25;​ 107.16 (iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345; 609.3451,​ 107.17 subdivision 3, paragraph (b); or 609.3453;​ 107.18 (iv) indecent exposure under section 617.23, subdivision 3; or​ 107.19 (v) surreptitious intrusion under the circumstances described in section 609.746,​ 107.20 subdivision 1, paragraph (h);​ 107.21 (2) the person was charged with or petitioned for a violation of, or attempt to violate, or​ 107.22 aiding, abetting, or conspiring to commit any of the following and convicted of or adjudicated​ 107.23 delinquent for that offense or another offense arising out of the same set of circumstances:​ 107.24 (i) criminal abuse in violation of Minnesota Statutes 2020, section 609.2325, subdivision​ 107.25 1, paragraph (b);​ 107.26 (ii) false imprisonment in violation of section 609.255, subdivision 2;​ 107.27 (iii) (ii) solicitation, inducement, or promotion of the prostitution of a minor or engaging​ 107.28 in the sex trafficking of a minor in violation of section 609.322;​ 107.29 (iv) (iii) a prostitution offense in violation of section 609.324, subdivision 1, paragraph​ 107.30 (a);​ 107​ Article 7 Sec. 2.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 108.1 (v) (iv) soliciting a minor to engage in sexual conduct in violation of section 609.352,​ 108.2 subdivision 2 or 2a, clause (1);​ 108.3 (vi) (v) using a minor in a sexual performance in violation of section 617.246; or​ 108.4 (vii) (vi) possessing or disseminating a pornographic work involving a minor in violation​ 108.5 of section 617.247;​ 108.6 (3) the person was sentenced as a patterned sex offender under section 609.3455,​ 108.7 subdivision 3a; or​ 108.8 (4) the person was charged with or petitioned for, including pursuant to a court martial,​ 108.9 violating a law of the United States, including the Uniform Code of Military Justice, similar​ 108.10 to an offense or involving similar circumstances to an offense described in clause (1), (2),​ 108.11 or (3), and convicted of or adjudicated delinquent for that offense or another offense arising​ 108.12 out of the same set of circumstances.​ 108.13 (b) A person also shall register under this section if:​ 108.14 (1) the person was charged with or petitioned for an offense in another state similar to​ 108.15 an offense or involving similar circumstances to an offense described in paragraph (a),​ 108.16 clause (1), (2), or (3), and convicted of or adjudicated delinquent for that offense or another​ 108.17 offense arising out of the same set of circumstances;​ 108.18 (2) the person enters this state to reside, work, or attend school, or enters this state and​ 108.19 remains for 14 days or longer or for an aggregate period of time exceeding 30 days during​ 108.20 any calendar year; and​ 108.21 (3) ten years have not elapsed since the person was released from confinement or, if the​ 108.22 person was not confined, since the person was convicted of or adjudicated delinquent for​ 108.23 the offense that triggers registration, unless the person is subject to a longer registration​ 108.24 period under the laws of another state in which the person has been convicted or adjudicated,​ 108.25 or is subject to lifetime registration.​ 108.26 If a person described in this paragraph is subject to a longer registration period in another​ 108.27 state or is subject to lifetime registration, the person shall register for that time period​ 108.28 regardless of when the person was released from confinement, convicted, or adjudicated​ 108.29 delinquent.​ 108.30 (c) A person also shall register under this section if the person was committed pursuant​ 108.31 to a court commitment order under Minnesota Statutes 2012, section 253B.185, chapter​ 108.32 253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state or the​ 108.33 United States, regardless of whether the person was convicted of any offense.​ 108​ Article 7 Sec. 2.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 109.1 (d) A person also shall register under this section if:​ 109.2 (1) the person was charged with or petitioned for a felony violation or attempt to violate​ 109.3 any of the offenses listed in paragraph (a), clause (1), or a similar law of another state or​ 109.4 the United States, or the person was charged with or petitioned for a violation of any of the​ 109.5 offenses listed in paragraph (a), clause (2), or a similar law of another state or the United​ 109.6 States;​ 109.7 (2) the person was found not guilty by reason of mental illness or mental deficiency​ 109.8 after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in​ 109.9 states with a guilty but mentally ill verdict; and​ 109.10 (3) the person was committed pursuant to a court commitment order under section​ 109.11 253B.18 or a similar law of another state or the United States.​ 109.12 EFFECTIVE DATE. This section is effective July 1, 2024, and applies to:​ 109.13 (1) convictions and delinquency adjudications for a violation of Minnesota Statutes,​ 109.14 section 609.255, subdivision 2, or another offense arising out of the same set of circumstances​ 109.15 that occur on or after that date and to convictions and delinquency adjudications for such​ 109.16 an offense that are not yet final on that date; and​ 109.17 (2) convictions and delinquency adjudications for disseminating a pornographic work​ 109.18 involving a minor in violation of Minnesota Statutes, section 617.247, or another offense​ 109.19 arising out of the same set of circumstances that occur on or after that date and to convictions​ 109.20 and delinquency adjudications for such an offense that occurred before that date if the court​ 109.21 told the person of the duty to register.​ 109.22 Sec. 3. Minnesota Statutes 2022, section 243.166, subdivision 3, is amended to read:​ 109.23 Subd. 3. Registration procedure. (a) Except as provided in subdivision 3a, a person​ 109.24 required to register under this section shall register with the corrections agent as soon as​ 109.25 the agent is assigned to the person. If the person does not have an assigned corrections agent​ 109.26 or is unable to locate the assigned corrections agent, the person shall register with the law​ 109.27 enforcement authority that has jurisdiction in the area of the person's primary address.​ 109.28 (b) Except as provided in subdivision 3a, at least five days before the person starts living​ 109.29 at a new primary address, including living in another state, the person shall give written​ 109.30 notice of the new primary address to the assigned corrections agent or to the law enforcement​ 109.31 authority with which the person currently is registered. If the person will be living in a new​ 109.32 state and that state has a registration requirement, the person shall also give written notice​ 109.33 of the new address to the designated registration agency in the new state. A person required​ 109​ Article 7 Sec. 3.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 110.1 to register under this section shall also give written notice to the assigned corrections agent​ 110.2 or to the law enforcement authority that has jurisdiction in the area of the person's primary​ 110.3 address that the person is no longer living or staying at an address, immediately after the​ 110.4 person is no longer living or staying at that address. The written notice required by this​ 110.5 paragraph must be provided in person. The corrections agent or law enforcement authority​ 110.6 shall, within two business days after receipt of this information, forward it to the bureau.​ 110.7 The bureau shall, if it has not already been done, notify the law enforcement authority having​ 110.8 primary jurisdiction in the community where the person will live of the new address. If the​ 110.9 person is leaving the state, the bureau shall notify the registration authority in the new state​ 110.10 of the new address. The person's registration requirements under this section are suspended​ 110.11 after the person begins living in the new state and the bureau has confirmed the address in​ 110.12 the other state through the annual verification process on at least one occasion. The bureau​ 110.13 may also attempt to confirm the person's address in the other state by the following methods:​ 110.14 (1) receipt of a verification letter from the law enforcement authority having primary​ 110.15 jurisdiction in the community where the person is now living, acknowledging the person's​ 110.16 address;​ 110.17 (2) receipt of a written communication or verification letter from a criminal justice​ 110.18 agency confirming the person's location;​ 110.19 (3) confirmation of the individual's compliance with registration requirements or​ 110.20 incarceration status in the new state via an online registry or website, if applicable; or​ 110.21 (4) confirmation of the individual's motor vehicle records under United States Code,​ 110.22 title 18, section 2721, in the new state via the new state's documentation.​ 110.23 The bureau is the sole determinant as to whether the information provided by any of the​ 110.24 methods in clauses (1) to (3) is sufficient for verification purposes and may use more than​ 110.25 one of these methods to satisfy the verification requirement. For purposes of this subdivision,​ 110.26 "criminal justice agency" means an agency of a state, a political subdivision, a federally​ 110.27 recognized Tribe, a United States territory, or the federal government charged with detection,​ 110.28 enforcement, prosecution, adjudication, or incarceration with respect to federal or state​ 110.29 criminal laws. The person's registration requirements under this section are reactivated if​ 110.30 the person resumes living in Minnesota and the registration time period described in​ 110.31 subdivision 6 has not expired.​ 110.32 (c) A person required to register under subdivision 1b, paragraph (b), because the person​ 110.33 is working or attending school in Minnesota shall register with the law enforcement authority​ 110.34 that has jurisdiction in the area where the person works or attends school. In addition to​ 110​ Article 7 Sec. 3.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 111.1 other information required by this section, the person shall provide the address of the school​ 111.2 or of the location where the person is employed. A person shall comply with this paragraph​ 111.3 within five days of beginning employment or school. A person's obligation to register under​ 111.4 this paragraph terminates when the person is no longer working or attending school in​ 111.5 Minnesota.​ 111.6 (d) A person required to register under this section who works or attends school outside​ 111.7 of Minnesota shall register as a predatory offender in the state where the person works or​ 111.8 attends school. The person's corrections agent, or if the person does not have an assigned​ 111.9 corrections agent, the law enforcement authority that has jurisdiction in the area of the​ 111.10 person's primary address shall notify the person of this requirement.​ 111.11 Sec. 4. Minnesota Statutes 2022, section 243.166, is amended by adding a subdivision to​ 111.12 read:​ 111.13 Subd. 4d. Guardians, conservators, and power of attorney. Guardians and conservators​ 111.14 of persons required to register shall have the authority to complete all verification and​ 111.15 registration paperwork under this section and section 243.167 on the person's behalf. A​ 111.16 validly executed power of attorney under chapter 523 grants the attorney in fact the authority​ 111.17 to complete all verification and registration paperwork under this section and section 243.167​ 111.18 on behalf of a person required to register.​ 111.19 Sec. 5. Minnesota Statutes 2022, section 243.166, subdivision 6, is amended to read:​ 111.20 Subd. 6. Registration period. (a) Notwithstanding the provisions of section 609.165,​ 111.21 subdivision 1, and except as provided in paragraphs (b), (c), and (d), a person required to​ 111.22 register under this section shall continue to comply with this section until ten years have​ 111.23 elapsed since the person initially registered in connection with the offense, or until the​ 111.24 probation, supervised release, or conditional release period expires, whichever occurs later.​ 111.25 For a person required to register under this section who is committed under section 253B.18,​ 111.26 Minnesota Statutes 2012, section 253B.185, or chapter 253D, the ten-year registration period​ 111.27 does not include the period of commitment.​ 111.28 (b) If a person required to register under this section fails to provide the person's primary​ 111.29 address as required by subdivision 3, paragraph (b), fails to comply with the requirements​ 111.30 of subdivision 3a, fails to provide information as required by subdivision 4a, or fails to​ 111.31 return the verification form referenced in subdivision 4 within ten days, the commissioner​ 111.32 of public safety shall require the person to continue to register for an additional period of​ 111.33 five years. This five-year period is added to the end of the offender's registration period.​ 111​ Article 7 Sec. 5.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 112.1 (c) If a person required to register under this section is incarcerated due to a conviction​ 112.2 for a new offense that requires registration under this section or section 243.167 or following​ 112.3 a revocation of probation, supervised release, or conditional release for any an offense that​ 112.4 requires registration under this section or section 243.167, the person shall continue to​ 112.5 register until ten years have elapsed since the person was last released from incarceration​ 112.6 or until the person's probation, supervised release, or conditional release period expires,​ 112.7 whichever occurs later.​ 112.8 (d) A person shall continue to comply with this section for the life of that person:​ 112.9 (1) if the person is convicted of or adjudicated delinquent for any offense for which​ 112.10 registration is required under subdivision 1b, or any offense from another state or any federal​ 112.11 offense similar to the offenses described in subdivision 1b, and the person has a prior​ 112.12 conviction or adjudication for an offense for which registration was or would have been​ 112.13 required under subdivision 1b, or an offense from another state or a federal offense similar​ 112.14 to an offense described in subdivision 1b;​ 112.15 (2) if the person is required to register based upon a conviction or delinquency​ 112.16 adjudication for an offense under section 609.185, paragraph (a), clause (2), or a similar​ 112.17 statute from another state or the United States;​ 112.18 (3) if the person is required to register based upon a conviction for an offense under​ 112.19 section 609.342, subdivision 1, clause (a) to (c) or (e), or subdivision 1a, clause (a) to (e)​ 112.20 or (h); 609.343, subdivision 1, clause (a) to (c) or (e), or subdivision 1a, clause (a) to (e) or​ 112.21 (h); 609.344, subdivision 1, clause (a) or (c), or subdivision 1a, clause (a), (c), (g), or (h);​ 112.22 or 609.345, subdivision 1, clause (a) or (c), or subdivision 1a, clause (a), (c), (g), or (h); or​ 112.23 a statute from another state or the United States similar to the offenses described in this​ 112.24 clause; or​ 112.25 (4) if the person is required to register under subdivision 1b, paragraph (c), following​ 112.26 commitment pursuant to a court commitment under Minnesota Statutes 2012, section​ 112.27 253B.185, chapter 253D, Minnesota Statutes 1992, section 526.10, or a similar law of​ 112.28 another state or the United States.​ 112.29 (e) A person described in subdivision 1b, paragraph (b), who is required to register under​ 112.30 the laws of a state in which the person has been previously convicted or adjudicated​ 112.31 delinquent, shall register under this section for the time period required by the state of​ 112.32 conviction or adjudication unless a longer time period is required elsewhere in this section.​ 112​ Article 7 Sec. 5.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 113.1 EFFECTIVE DATE. This section is effective July 1, 2024, and applies to convictions​ 113.2 and revocations of probation, supervised release, or conditional release that occur on or​ 113.3 after that date and to convictions that are not yet final on that date.​ 113.4 Sec. 6. Minnesota Statutes 2022, section 244.052, subdivision 4, is amended to read:​ 113.5 Subd. 4. Law enforcement agency; disclosure of information to public. (a) The law​ 113.6 enforcement agency in the area where the predatory offender resides, expects to reside, is​ 113.7 employed, or is regularly found, shall disclose to the public any information regarding the​ 113.8 offender contained in the report forwarded to the agency under subdivision 3, paragraph​ 113.9 (f), that is relevant and necessary to protect the public and to counteract the offender's​ 113.10 dangerousness, consistent with the guidelines in paragraph (b). The extent of the information​ 113.11 disclosed and the community to whom disclosure is made must relate to the level of danger​ 113.12 posed by the offender, to the offender's pattern of offending behavior, and to the need of​ 113.13 community members for information to enhance their individual and collective safety.​ 113.14 (b) The law enforcement agency shall employ the following guidelines in determining​ 113.15 the scope of disclosure made under this subdivision:​ 113.16 (1) if the offender is assigned to risk level I, the agency may maintain information​ 113.17 regarding the offender within the agency and may disclose it to other law enforcement​ 113.18 agencies. Additionally, the agency may disclose the information to any victims of or​ 113.19 witnesses to the offense committed by the offender. The agency shall disclose the information​ 113.20 to victims of the offense committed by the offender who have requested disclosure and to​ 113.21 adult members of the offender's immediate household;​ 113.22 (2) if the offender is assigned to risk level II, the agency also may disclose the information​ 113.23 to agencies and groups that the offender is likely to encounter for the purpose of securing​ 113.24 those institutions and protecting individuals in their care while they are on or near the​ 113.25 premises of the institution. These agencies and groups include the staff members of public​ 113.26 and private educational institutions, day care establishments, and establishments and​ 113.27 organizations that primarily serve individuals likely to be victimized by the offender. The​ 113.28 agency also may disclose the information to individuals the agency believes are likely to​ 113.29 be victimized by the offender. The agency's belief shall be based on the offender's pattern​ 113.30 of offending or victim preference as documented in the information provided by the​ 113.31 department of corrections or human services. The agency may disclose the information to​ 113.32 property assessors, property inspectors, code enforcement officials, and child protection​ 113.33 officials who are likely to visit the offender's home in the course of their duties;​ 113​ Article 7 Sec. 6.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 114.1 (3) if the offender is assigned to risk level III, the agency shall disclose the information​ 114.2 to the persons and entities described in clauses (1) and (2) and to other members of the​ 114.3 community whom the offender is likely to encounter, unless the law enforcement agency​ 114.4 determines that public safety would be compromised by the disclosure or that a more limited​ 114.5 disclosure is necessary to protect the identity of the victim.​ 114.6 Notwithstanding the assignment of a predatory offender to risk level II or III, a law​ 114.7 enforcement agency may not make the disclosures permitted or required by clause (2) or​ 114.8 (3), if: the offender is placed or resides in a residential facility. However, if an offender is​ 114.9 placed or resides in a residential facility, the offender and the head of the facility shall​ 114.10 designate the offender's likely residence upon release from the facility and the head of the​ 114.11 facility shall notify the commissioner of corrections or the commissioner of human services​ 114.12 of the offender's likely residence at least 14 days before the offender's scheduled release​ 114.13 date. The commissioner shall give this information to the law enforcement agency having​ 114.14 jurisdiction over the offender's likely residence. The head of the residential facility also​ 114.15 shall notify the commissioner of corrections or human services within 48 hours after​ 114.16 finalizing the offender's approved relocation plan to a permanent residence. Within five​ 114.17 days after receiving this notification, the appropriate commissioner shall give to the​ 114.18 appropriate law enforcement agency all relevant information the commissioner has​ 114.19 concerning the offender, including information on the risk factors in the offender's history​ 114.20 and the risk level to which the offender was assigned. After receiving this information, the​ 114.21 law enforcement agency shall make the disclosures permitted or required by clause (2) or​ 114.22 (3), as appropriate.​ 114.23 (c) As used in paragraph (b), clauses (2) and (3), "likely to encounter" means that:​ 114.24 (1) the organizations or community members are in a location or in close proximity to​ 114.25 a location where the offender lives or is employed, or which the offender visits or is likely​ 114.26 to visit on a regular basis, other than the location of the offender's outpatient treatment​ 114.27 program; and​ 114.28 (2) the types of interaction which ordinarily occur at that location and other circumstances​ 114.29 indicate that contact with the offender is reasonably certain.​ 114.30 (d) A law enforcement agency or official who discloses information under this subdivision​ 114.31 shall make a good faith effort to make the notification within 14 days of receipt of a​ 114.32 confirmed address from the Department of Corrections indicating that the offender will be,​ 114.33 or has been, released from confinement, or accepted for supervision, or has moved to a new​ 114​ Article 7 Sec. 6.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 115.1 address and will reside at the address indicated. If a change occurs in the release plan, this​ 115.2 notification provision does not require an extension of the release date.​ 115.3 (e) A law enforcement agency or official who discloses information under this subdivision​ 115.4 shall not disclose the identity or any identifying characteristics of the victims of or witnesses​ 115.5 to the offender's offenses.​ 115.6 (f) A law enforcement agency shall continue to disclose information on an offender as​ 115.7 required by this subdivision for as long as the offender is required to register under section​ 115.8 243.166. This requirement on a law enforcement agency to continue to disclose information​ 115.9 also applies to an offender who lacks a primary address and is registering under section​ 115.10 243.166, subdivision 3a.​ 115.11 (g) A law enforcement agency that is disclosing information on an offender assigned to​ 115.12 risk level III to the public under this subdivision shall inform the commissioner of corrections​ 115.13 what information is being disclosed and forward this information to the commissioner within​ 115.14 two days of the agency's determination. The commissioner shall post this information on​ 115.15 the Internet as required in subdivision 4b.​ 115.16 (h) A city council may adopt a policy that addresses when information disclosed under​ 115.17 this subdivision must be presented in languages in addition to English. The policy may​ 115.18 address when information must be presented orally, in writing, or both in additional languages​ 115.19 by the law enforcement agency disclosing the information. The policy may provide for​ 115.20 different approaches based on the prevalence of non-English languages in different​ 115.21 neighborhoods.​ 115.22 (i) An offender who is the subject of a community notification meeting held pursuant​ 115.23 to this section may not attend the meeting.​ 115.24 (j) When a school, day care facility, or other entity or program that primarily educates​ 115.25 or serves children receives notice under paragraph (b), clause (3), that a level III predatory​ 115.26 offender resides or works in the surrounding community, notice to parents must be made​ 115.27 as provided in this paragraph. If the predatory offender identified in the notice is participating​ 115.28 in programs offered by the facility that require or allow the person to interact with children​ 115.29 other than the person's children, the principal or head of the entity must notify parents with​ 115.30 children at the facility of the contents of the notice received pursuant to this section. The​ 115.31 immunity provisions of subdivision 7 apply to persons disclosing information under this​ 115.32 paragraph.​ 115.33 (k) When an offender for whom notification was made under this subdivision no longer​ 115.34 resides, is employed, or is regularly found in the area, and the law enforcement agency that​ 115​ Article 7 Sec. 6.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 116.1 made the notification is aware of this, the agency shall inform the entities and individuals​ 116.2 initially notified of the change in the offender's status. If notification was made under​ 116.3 paragraph (b), clause (3), the agency shall provide the updated information required under​ 116.4 this paragraph in a manner designed to ensure a similar scope of dissemination. However,​ 116.5 the agency is not required to hold a public meeting to do so.​ 116.6 Sec. 7. Minnesota Statutes 2022, section 244.052, subdivision 4a, is amended to read:​ 116.7 Subd. 4a. Level III offenders; location of residence. (a) When an offender assigned​ 116.8 to risk level III is released from confinement or a residential facility to reside in the​ 116.9 community or changes residence while on supervised or conditional release, the agency​ 116.10 responsible for the offender's supervision shall:​ 116.11 (1) take into consideration the proximity of the offender's residence to that of other level​ 116.12 III offenders and if the proximity presents a risk of reoffending;​ 116.13 (2) take into consideration the proximity to of the offender's residence to the following​ 116.14 locations if the locations present a risk of reoffending:​ 116.15 (i) schools;​ 116.16 (ii) child care facilities or family or group family day care programs;​ 116.17 (iii) licensed residences for vulnerable adults;​ 116.18 (iv) attractions within public parks that are regularly used by minors, including but not​ 116.19 limited to playgrounds or athletic fields; and​ 116.20 (v) community centers and recreation centers that are regularly used in youth athletic​ 116.21 activities or offer regularly scheduled indoor playtimes or access to gymnasiums and other​ 116.22 facilities that are restricted to minors; and,​ 116.23 (3) to the greatest extent feasible, shall mitigate the concentration of level III offenders​ 116.24 and concentration of level III offenders near schools the locations listed in clause (2) when​ 116.25 the concentration presents a risk of reoffending.​ 116.26 (b) If the owner or property manager of a hotel, motel, lodging establishment, or​ 116.27 apartment building has an agreement with an agency that arranges or provides shelter for​ 116.28 victims of domestic abuse, the owner or property manager may not knowingly rent rooms​ 116.29 to both level III offenders and victims of domestic abuse at the same time. If the owner or​ 116.30 property manager has an agreement with an agency to provide housing to domestic abuse​ 116.31 victims and discovers or is informed that a tenant is a level III offender after signing a lease​ 116.32 or otherwise renting to the offender, the owner or property manager may evict the offender.​ 116​ Article 7 Sec. 7.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 117.1 Sec. 8. Minnesota Statutes 2022, section 260B.198, subdivision 7, is amended to read:​ 117.2 Subd. 7. Continuance. (a) When it is in the best interests of the child to do so and not​ 117.3 inimical to public safety and when the child has admitted the allegations contained in the​ 117.4 petition before the judge or referee, or when a hearing has been held as provided for in​ 117.5 section 260B.163 and the allegations contained in the petition have been duly proven but,​ 117.6 in either case, before a finding of delinquency has been entered, the court may continue the​ 117.7 case for a period not to exceed 180 days on any one order. Except as otherwise provided in​ 117.8 paragraph (c), the continuance may be extended for one additional successive period not to​ 117.9 exceed 180 days, but only with the consent of the prosecutor and only after the court has​ 117.10 reviewed the case and entered its order for the additional continuance without a finding of​ 117.11 delinquency. During a continuance the court may enter an order in accordance with the​ 117.12 provisions of subdivision 1, except clause (4), or enter an order to hold the child in detention​ 117.13 for a period not to exceed 15 days on any one order for the purpose of completing any​ 117.14 consideration, or any investigation or examination ordered in accordance with the provisions​ 117.15 of section 260B.157.​ 117.16 (b) A prosecutor may appeal a continuance ordered in contravention of this subdivision.​ 117.17 This subdivision does not extend the court's jurisdiction under section 260B.193 and does​ 117.18 not apply to an extended jurisdiction juvenile proceeding.​ 117.19 (c) A continuance granted under paragraph (a) for a violation of section 609.342; 609.343;​ 117.20 609.344; 609.345; 609.3451; 609.746, subdivision 1; 609.79; or 617.23 or another offense​ 117.21 arising out of a delinquency petition based on one or more of those sections that would​ 117.22 require the child to register as a predatory offender under section 243.166 may be extended​ 117.23 for additional successive periods not to exceed a total of 24 months so the offender can​ 117.24 receive sex offender treatment, but only with the consent of the prosecutor and only after​ 117.25 the court has reviewed the case and entered its order for the additional continuance without​ 117.26 a finding of delinquency.​ 117.27 ARTICLE 8​ 117.28 CORRECTIONS PROVISIONS​ 117.29 Section 1. Minnesota Statutes 2022, section 13.84, subdivision 6, is amended to read:​ 117.30 Subd. 6. Public benefit data. (a) The responsible authority or its designee of a parole​ 117.31 or probation authority or correctional agency may release private or confidential court​ 117.32 services data related to:​ 117​ Article 8 Section 1.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 118.1 (1) criminal acts to any law enforcement agency, if necessary for law enforcement​ 118.2 purposes; and​ 118.3 (2) criminal acts or delinquent acts to the victims of criminal or delinquent acts to the​ 118.4 extent that the data are necessary for the victim to assert the victim's legal right to restitution.​ 118.5 (b) A parole or probation authority, a correctional agency, or agencies that provide​ 118.6 correctional services under contract to a correctional agency may release to a law enforcement​ 118.7 agency the following data on defendants, parolees, or probationers: current address, dates​ 118.8 of entrance to and departure from agency programs, and dates and times of any absences,​ 118.9 both authorized and unauthorized, from a correctional program.​ 118.10 (c) The responsible authority or its designee of a juvenile correctional agency may release​ 118.11 private or confidential court services data to a victim of a delinquent act to the extent the​ 118.12 data are necessary to enable the victim to assert the victim's right to request notice of release​ 118.13 under section 611A.06. The data that may be released include only the name, home address,​ 118.14 and placement site of a juvenile who has been placed in a juvenile correctional facility as​ 118.15 a result of a delinquent act.​ 118.16 (d) Upon the victim's written or electronic request and, if the victim and offender have​ 118.17 been household or family members as defined in section 518B.01, subdivision 2, paragraph​ 118.18 (b), The commissioner of corrections or the commissioner's designee may disclose to the​ 118.19 victim of an offender convicted of a qualified domestic violence-related offense as defined​ 118.20 in section 609.02, subdivision 16, notification of the city and five-digit zip code of the​ 118.21 offender's residency upon or after release from a Department of Corrections facility, unless:​ 118.22 (1) the offender is not under correctional supervision at the time of the victim's request;​ 118.23 (2) the commissioner or the commissioner's designee does not have the city or zip code;​ 118.24 or​ 118.25 (3) the commissioner or the commissioner's designee reasonably believes that disclosure​ 118.26 of the city or zip code of the offender's residency creates a risk to the victim, offender, or​ 118.27 public safety.​ 118.28 (e) Paragraph (d) applies only where the offender is serving a prison term for a qualified​ 118.29 domestic violence-related offense committed against the victim seeking notification.​ 118​ Article 8 Section 1.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 119.1 Sec. 2. Minnesota Statutes 2023 Supplement, section 241.021, subdivision 1, is amended​ 119.2 to read:​ 119.3 Subdivision 1. Correctional facilities; inspection; licensing. (a) Except as provided​ 119.4 in paragraph (b), the commissioner of corrections shall inspect and license all correctional​ 119.5 facilities throughout the state, whether public or private, established and operated for the​ 119.6 detention and confinement of persons confined or incarcerated therein according to law​ 119.7 except to the extent that they are inspected or licensed by other state regulating agencies.​ 119.8 The commissioner shall promulgate pursuant to chapter 14, rules establishing minimum​ 119.9 standards for these facilities with respect to their management, operation, physical condition,​ 119.10 and the security, safety, health, treatment, and discipline of persons confined or incarcerated​ 119.11 therein. These minimum standards shall include but are not limited to specific guidance​ 119.12 pertaining to:​ 119.13 (1) screening, appraisal, assessment, and treatment for persons confined or incarcerated​ 119.14 in correctional facilities with mental illness or substance use disorders;​ 119.15 (2) a policy on the involuntary administration of medications;​ 119.16 (3) suicide prevention plans and training;​ 119.17 (4) verification of medications in a timely manner;​ 119.18 (5) well-being checks;​ 119.19 (6) discharge planning, including providing prescribed medications to persons confined​ 119.20 or incarcerated in correctional facilities upon release;​ 119.21 (7) a policy on referrals or transfers to medical or mental health care in a noncorrectional​ 119.22 institution;​ 119.23 (8) use of segregation and mental health checks;​ 119.24 (9) critical incident debriefings;​ 119.25 (10) clinical management of substance use disorders and opioid overdose emergency​ 119.26 procedures;​ 119.27 (11) a policy regarding identification of persons with special needs confined or​ 119.28 incarcerated in correctional facilities;​ 119.29 (12) a policy regarding the use of telehealth;​ 119.30 (13) self-auditing of compliance with minimum standards;​ 119​ Article 8 Sec. 2.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 120.1 (14) information sharing with medical personnel and when medical assessment must be​ 120.2 facilitated;​ 120.3 (15) a code of conduct policy for facility staff and annual training;​ 120.4 (16) a policy on death review of all circumstances surrounding the death of an individual​ 120.5 committed to the custody of the facility; and​ 120.6 (17) dissemination of a rights statement made available to persons confined or​ 120.7 incarcerated in licensed correctional facilities.​ 120.8 No individual, corporation, partnership, voluntary association, or other private​ 120.9 organization legally responsible for the operation of a correctional facility may operate the​ 120.10 facility unless it possesses a current license from the commissioner of corrections. Private​ 120.11 adult correctional facilities shall have the authority of section 624.714, subdivision 13, if​ 120.12 the Department of Corrections licenses the facility with the authority and the facility meets​ 120.13 requirements of section 243.52.​ 120.14 The commissioner shall review the correctional facilities described in this subdivision​ 120.15 at least once every two years, except as otherwise provided, to determine compliance with​ 120.16 the minimum standards established according to this subdivision or other Minnesota statute​ 120.17 related to minimum standards and conditions of confinement.​ 120.18 The commissioner shall grant a license to any facility found to conform to minimum​ 120.19 standards or to any facility which, in the commissioner's judgment, is making satisfactory​ 120.20 progress toward substantial conformity and the standards not being met do not impact the​ 120.21 interests and well-being of the persons confined or incarcerated in the facility. A limited​ 120.22 license under subdivision 1a may be issued for purposes of effectuating a facility closure.​ 120.23 The commissioner may grant licensure up to two years. Unless otherwise specified by​ 120.24 statute, all licenses issued under this chapter expire at 12:01 a.m. on the day after the​ 120.25 expiration date stated on the license.​ 120.26 The commissioner shall have access to the buildings, grounds, books, records, staff, and​ 120.27 to persons confined or incarcerated in these facilities. The commissioner may require the​ 120.28 officers in charge of these facilities to furnish all information and statistics the commissioner​ 120.29 deems necessary, at a time and place designated by the commissioner. Notwithstanding​ 120.30 chapter 13 or any other state law classifying or restricting access to data, the officers in​ 120.31 charge of these facilities must furnish all data available to the facility that the commissioner​ 120.32 deems necessary to conduct a review of any emergency or unusual occurrence at the facility.​ 120.33 Failure to provide or grant access to relevant information or statistics necessary to fulfill​ 120.34 inspection or emergency or unusual occurrence reviews, as requested by the commissioner,​ 120​ Article 8 Sec. 2.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 121.1 may be grounds for the commissioner to take action against a correctional facility's license​ 121.2 under subdivision 1a, 1b, or 1c.​ 121.3 All facility administrators of correctional facilities are required to report all deaths of​ 121.4 individuals who died while committed to the custody of the facility, regardless of whether​ 121.5 the death occurred at the facility or after removal from the facility for medical care stemming​ 121.6 from an incident or need for medical care at the correctional facility, as soon as practicable,​ 121.7 but no later than 24 hours of receiving knowledge of the death, including any demographic​ 121.8 information as required by the commissioner.​ 121.9 All facility administrators of correctional facilities are required to report all other​ 121.10 emergency or unusual occurrences as defined by rule, including uses of force by facility​ 121.11 staff that result in substantial bodily harm or suicide attempts, to the commissioner of​ 121.12 corrections within ten days from the occurrence, including any demographic information​ 121.13 as required by the commissioner. The commissioner of corrections shall consult with the​ 121.14 Minnesota Sheriffs' Association and a representative from the Minnesota Association of​ 121.15 Community Corrections Act Counties who is responsible for the operations of an adult​ 121.16 correctional facility to define "use of force" that results in substantial bodily harm for​ 121.17 reporting purposes.​ 121.18 The commissioner may require that any or all such information be provided through the​ 121.19 Department of Corrections detention information system. The commissioner shall post each​ 121.20 inspection report publicly and on the department's website within 30 days of completing​ 121.21 the inspection. The education program offered in a correctional facility for the confinement​ 121.22 or incarceration of juvenile offenders must be approved by the commissioner of education​ 121.23 before the commissioner of corrections may grant a license to the facility.​ 121.24 (b) For juvenile facilities licensed by the commissioner of human services, the​ 121.25 commissioner may inspect and certify programs based on certification standards set forth​ 121.26 in Minnesota Rules. For the purpose of this paragraph, "certification" has the meaning given​ 121.27 it in section 245A.02.​ 121.28 (c) Any state agency which regulates, inspects, or licenses certain aspects of correctional​ 121.29 facilities shall, insofar as is possible, ensure that the minimum standards it requires are​ 121.30 substantially the same as those required by other state agencies which regulate, inspect, or​ 121.31 license the same aspects of similar types of correctional facilities, although at different​ 121.32 correctional facilities.​ 121.33 (d) Nothing in this section shall be construed to limit the commissioner of corrections'​ 121.34 authority to promulgate rules establishing standards of eligibility for counties to receive​ 121​ Article 8 Sec. 2.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 122.1 funds under chapter 401, or to require counties to comply with operating standards the​ 122.2 commissioner establishes as a condition precedent for counties to receive that funding.​ 122.3 (e) The department's inspection unit must report directly to a division head outside of​ 122.4 the correctional institutions division.​ 122.5 Sec. 3. Minnesota Statutes 2022, section 241.021, subdivision 1h, is amended to read:​ 122.6 Subd. 1h. State correctional facilities security audit group. (a) Beginning in fiscal​ 122.7 year 2022, the commissioner shall form a state correctional facilities security audit group.​ 122.8 The group must consist of the following members:​ 122.9 (1) a Department of Corrections employee who is not assigned to the correctional​ 122.10 institutions division, appointed by the commissioner;​ 122.11 (2) the ombudsperson for corrections or a designee;​ 122.12 (3) an elected sheriff or designee nominated by the Minnesota Sheriffs' Association and​ 122.13 appointed by the commissioner;​ 122.14 (4) a physical plant safety consultant, appointed by the governor;​ 122.15 (5) a private security consultant with expertise in correctional facility security, appointed​ 122.16 by the governor;​ 122.17 (4) an individual with expertise in security related to infrastructure and operational​ 122.18 logistics of correctional facilities who is not required to reside in Minnesota, appointed by​ 122.19 the governor;​ 122.20 (5) the commissioner of health or a designee;​ 122.21 (6) the commissioner of administration or a designee;​ 122.22 (6) (7) two senators, one appointed by the senate majority leader and one appointed by​ 122.23 the minority leader; and​ 122.24 (7) (8) two representatives, one appointed by the speaker of the house and one appointed​ 122.25 by the minority leader of the house of representatives.​ 122.26 (b) By January 1, 2022, The ombudsperson or a designee shall chair the group. The​ 122.27 group shall establish security audit standards for state correctional facilities. In developing​ 122.28 the standards, the group, or individual members of the group, may gather information from​ 122.29 state correctional facilities and state correctional staff and inmates. The security audit group​ 122.30 must periodically review the standards and modify them as needed. The group must report​ 122.31 the standards to the chairs and ranking minority members of the house of representatives​ 122​ Article 8 Sec. 3.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 123.1 and senate committees with jurisdiction over public safety policy and finance by February​ 123.2 15, 2022 whenever the standards are updated.​ 123.3 (c) The group shall meet twice a year to review facility audit reports submitted to the​ 123.4 group by the agency's inspection unit. Notwithstanding any law to the contrary, the group​ 123.5 is entitled to review the full audit reports including nonpublic security information and​ 123.6 corrections and detention confidential data. Within 60 days of receiving an meeting to review​ 123.7 audit report reports from the department's inspection unit, the group must make​ 123.8 recommendations to the commissioner. Within 45 days of receiving the group's​ 123.9 recommendations, the commissioner must reply in writing to the group's findings and​ 123.10 recommendations. The commissioner's response must explain whether the agency will​ 123.11 implement the group's recommendations, the timeline for implementation of the changes,​ 123.12 and, if not, why the commissioner will not or cannot implement the group's recommendations.​ 123.13 (d) Beginning in 2023, the commissioner must include a written aggregate of the group's​ 123.14 recommendations based on each security audit and assessment of a state correctional facility​ 123.15 and the commissioner's responses to the recommendations in the biennial report required​ 123.16 under section 241.016, subdivision 1. The commissioner shall not include corrections and​ 123.17 detention confidential data, as defined in section 13.85, subdivision 3, and nonpublic security​ 123.18 information, as defined in section 13.37, subdivision 1, in the commissioner's report to the​ 123.19 legislature.​ 123.20 (e) The commissioner shall provide staffing and administrative support to the group.​ 123.21 (f) The state correctional facilities security audit group is not subject to chapter 13D.​ 123.22 (g) Except as otherwise provided in this paragraph, the terms, compensation, and removal​ 123.23 of members of the group are governed by section 15.059. Members of the group serve​ 123.24 without compensation but shall receive expense reimbursement. Notwithstanding section​ 123.25 15.059, subdivision 6, the group does not expire.​ 123.26 Sec. 4. Minnesota Statutes 2022, section 241.021, subdivision 4b, is amended to read:​ 123.27 Subd. 4b. Health care peer review committee. The commissioner of corrections shall​ 123.28 establish a health care peer review committee. Sections 145.61 to 145.67 apply to the​ 123.29 committee. The committee shall gather, review, and evaluate information relating to the​ 123.30 on-site and off-site quality of care and treatment of offenders. The committee shall consist​ 123.31 of:​ 123.32 (1) the director of health services;​ 123.33 (2) (1) the department medical director;​ 123​ Article 8 Sec. 4.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 124.1 (3) (2) the regional medical director of the contracted health care vendor;​ 124.2 (4) (3) the department director of nursing or a designee;​ 124.3 (5) (4) a physician from the contracting hospital provider; and​ 124.4 (6) (5) another physician who provides health care to offenders on site at a correctional​ 124.5 facility.;​ 124.6 (6) one or more licensed physicians or nurse practitioners from the community, in person​ 124.7 or by telephone, with expertise in the most appropriate clinical area;​ 124.8 (7) the director of psychiatry of the contracted vendor;​ 124.9 (8) the pharmacist liaison of the contracted vendor's pharmacy vendor;​ 124.10 (9) the clinical pharmacist of the contracted vendor;​ 124.11 (10) in cases of suicide or unanticipated death, a representative from the Office of Special​ 124.12 Investigations; and​ 124.13 (11) other ad hoc members as indicated at the discretion of the Department of Corrections​ 124.14 medical director or chief medical officer.​ 124.15 Sec. 5. [241.253] REPORTING ON INMATE COMMUNICATION SERVICES​ 124.16 REQUIRED.​ 124.17 (a) By February 28 of each year, each county and regional correctional facility in the​ 124.18 state, including a jail, juvenile detention center, workhouse, or lockup, must report to the​ 124.19 commissioner of corrections on their communications contracts for incarcerated people.​ 124.20 The report must include the total number of phone calls, phone call minutes, video visits,​ 124.21 and e-messages initiated or received by incarcerated people in such facilities during the​ 124.22 preceding calendar year. The report must also include the total amount of revenue generated​ 124.23 by vendors at each facility in the preceding calendar year. The report must also include the​ 124.24 total amount of commissions earned by each county and regional correctional facility,​ 124.25 including a jail, juvenile detention center, workhouse, or lockup, during the preceding​ 124.26 calendar year. The report must also include how the commissions were spent.​ 124.27 (b) For the purposes of this section, "commission" means any form of monetary payment,​ 124.28 in-kind payment requirement, gift, exchange of services or goods, fee, or technology​ 124.29 allowance.​ 124.30 (c) By March 21 of each year, the commissioner must compile the county and regional​ 124.31 jail communications data collected under paragraph (a) into a single report and submit the​ 124​ Article 8 Sec. 5.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 125.1 report to the chairs and ranking minority members of the legislative committees with​ 125.2 jurisdiction over criminal justice policy.​ 125.3 Sec. 6. [241.267] PRISON EDUCATION PARTNERSHIPS.​ 125.4 The commissioner may not enter into an agreement or establish a prison education​ 125.5 partnership with a higher education institution that:​ 125.6 (1) is organized as a private, for-profit postsecondary institution as described in section​ 125.7 136A.62, subdivision 3, clause (2), item (ii); or​ 125.8 (2) charges incarcerated students a higher per-credit rate than the rate for nonincarcerated​ 125.9 students.​ 125.10 Sec. 7. Minnesota Statutes 2022, section 241.75, subdivision 2, is amended to read:​ 125.11 Subd. 2. Health care decisions. The medical director of the Department of Corrections,​ 125.12 or the medical director's designee, who must be a physician licensed under chapter 147,​ 125.13 may make a health care decision for an inmate incarcerated in a state correctional facility​ 125.14 or placed in an outside facility on conditional medical release if the inmate's attending​ 125.15 physician determines that the inmate lacks decision-making capacity and:​ 125.16 (1) there is not a documented health care agent designated by the inmate or the health​ 125.17 care agent is not reasonably available to make the health care decision;​ 125.18 (2) if there is a documented health care directive, the decision is consistent with that​ 125.19 directive;​ 125.20 (3) the decision is consistent with reasonable medical practice and other applicable law;​ 125.21 and​ 125.22 (4) the medical director has made a good faith attempt to consult with the inmate's next​ 125.23 of kin or emergency contact person in making the decision, to the extent those persons are​ 125.24 reasonably available.​ 125.25 Sec. 8. Minnesota Statutes 2022, section 243.52, subdivision 2, is amended to read:​ 125.26 Subd. 2. Use of force. (a) Use of force must not be applied maliciously or sadistically​ 125.27 for the purpose of causing harm to a confined or incarcerated person.​ 125.28 (b) Unless the use of deadly force is justified in this section, a correctional officer working​ 125.29 in an adult correctional facility either under the control of the commissioner of corrections​ 125​ Article 8 Sec. 8.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 126.1 or licensed by the commissioner under section 241.021 may not use any of the following​ 126.2 restraints:​ 126.3 (1) a choke hold;​ 126.4 (2) a prone restraint;​ 126.5 (3) tying all of a person's limbs together behind the person's back to render the person​ 126.6 immobile; or​ 126.7 (4) securing a person in any way that results in transporting the person face down in a​ 126.8 vehicle, except as directed by a medical professional.​ 126.9 (c) For the purposes of this subdivision, the following terms have the meanings given​ 126.10 them:​ 126.11 (1) "choke hold" means a method by which a person applies sufficient pressure to a​ 126.12 person to make breathing difficult or impossible, and includes but is not limited to any​ 126.13 pressure to the neck, throat, or windpipe that may prevent or hinder breathing or reduce​ 126.14 intake of air. Choke hold also means applying pressure to a person's neck on either side of​ 126.15 the windpipe, but not to the windpipe itself, to stop the flow of blood to the brain via the​ 126.16 carotid arteries;​ 126.17 (2) "prone restraint" means the use of manual restraint that places a person in a face-down​ 126.18 position; and​ 126.19 (3) "deadly force" has the meaning given in section 609.066, subdivision 1.​ 126.20 (d) Use of deadly force is justified only if an objectively reasonable correctional officer​ 126.21 would believe, based on the totality of the circumstances known to the officer at the time​ 126.22 and without the benefit of hindsight, that deadly force is necessary:​ 126.23 (1) to protect the correctional officer or another from death or great bodily harm, provided​ 126.24 that the threat:​ 126.25 (i) can be articulated with specificity by the correctional officer;​ 126.26 (ii) is reasonably likely to occur absent action by the correctional officer; and​ 126.27 (iii) must be addressed through the use of deadly force without unreasonable delay; or​ 126.28 (2) to effect the capture or prevent the escape of a person when the officer reasonably​ 126.29 believes that the person will cause death or great bodily harm to another person under the​ 126.30 threat criteria in clause (1), unless immediately apprehended.​ 126​ Article 8 Sec. 8.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 127.1 Sec. 9. Minnesota Statutes 2023 Supplement, section 244.05, subdivision 5, is amended​ 127.2 to read:​ 127.3 Subd. 5. Supervised release, life and indeterminate sentences. (a) The board may,​ 127.4 under rules adopted by the commissioner, grant supervised release or parole as follows:​ 127.5 (1) to an inmate serving a mandatory life sentence after the inmate has served the​ 127.6 minimum term of imprisonment specified in subdivision 4 or section 243.05, subdivision​ 127.7 1, paragraph (a);​ 127.8 (2) at any time for an inmate serving a nonlife indeterminate sentence for a crime​ 127.9 committed on or before April 30, 1980; or​ 127.10 (3) to an inmate eligible for early supervised release under subdivision 4a after the inmate​ 127.11 has served the minimum term of imprisonment.​ 127.12 (b) For cases involving multiple sentences, the board must grant or deny supervised​ 127.13 release as follows:​ 127.14 (1) if an inmate is serving multiple sentences that are concurrent to one another, the​ 127.15 board must grant or deny supervised release on all unexpired sentences; and.​ 127.16 (2) Notwithstanding any other law to the contrary, if an inmate who was under the age​ 127.17 of 18 at the time of the commission of the relevant offenses and has served the minimum​ 127.18 term of imprisonment specified in subdivision 4b is serving multiple sentences that are​ 127.19 consecutive to one another, the board may grant or deny supervised release on one or more​ 127.20 sentences.​ 127.21 (c) No less than three years before an inmate has served the applicable minimum term​ 127.22 of imprisonment, the board must assess the inmate's status and make programming​ 127.23 recommendations relevant to the inmate's release review. The commissioner must ensure​ 127.24 that any board programming recommendations are followed and implemented.​ 127.25 (d) The board must conduct a supervised release review hearing as soon as practicable​ 127.26 before an inmate has served the applicable minimum term of imprisonment.​ 127.27 (e) The board shall require the preparation of a community investigation report. The​ 127.28 report shall:​ 127.29 (1) reflect the sentiment of the various elements of the community toward the inmate,​ 127.30 both at the time of the offense and at the present time;​ 127​ Article 8 Sec. 9.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 128.1 (2) include the views of the sentencing judge, the prosecutor, any law enforcement​ 128.2 personnel who may have been involved in the case, and any successors to these individuals​ 128.3 who may have information relevant to the supervised release decision; and​ 128.4 (3) include the views of the victim and the victim's family unless the victim or the victim's​ 128.5 family chooses not to participate.​ 128.6 (f) The board shall require the preparation of a development report when making a​ 128.7 supervised release decision regarding an inmate who was under 18 years of age at the time​ 128.8 of the commission of the offense. The report must be prepared by a mental health professional​ 128.9 qualified to provide services to a client under section 245I.04, subdivision 2, clause (1) to​ 128.10 (4) or (6), and must address the inmate's cognitive, emotional, and social maturity. The​ 128.11 board may use a previous report that was prepared within 12 months immediately preceding​ 128.12 the hearing.​ 128.13 (g) The board shall make reasonable efforts to notify the victim, in advance, of the time​ 128.14 and place of the inmate's release review hearing. The victim has a right to submit an oral​ 128.15 or written statement at the review hearing. Notwithstanding chapter 13D, the board may​ 128.16 meet in closed session to receive and review a victim's statement, at the request of the victim.​ 128.17 The statement may summarize the harm suffered by the victim as a result of the crime and​ 128.18 give the victim's recommendation on whether the inmate should be given supervised release​ 128.19 at this time.​ 128.20 (h) The board shall permit a prosecutor from the office that prosecuted the case to submit​ 128.21 a written statement in advance of the review hearing.​ 128.22 (i) When considering whether to grant supervised release or parole to an inmate serving​ 128.23 a life sentence or indeterminate sentence, the board shall consider, at a minimum, the​ 128.24 following:​ 128.25 (1) the report prepared pursuant to paragraph (e);​ 128.26 (2) the report prepared pursuant to paragraph (f), if applicable;​ 128.27 (3) a victim statement under paragraph (g), if submitted;​ 128.28 (4) the statement of a prosecutor under paragraph (h), if submitted;​ 128.29 (5) the risk the inmate poses to the community if released;​ 128.30 (6) the inmate's progress in treatment, if applicable;​ 128.31 (7) the inmate's behavior while incarcerated;​ 128.32 (8) psychological or other diagnostic evaluations of the inmate;​ 128​ Article 8 Sec. 9.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 129.1 (9) information on the inmate's rehabilitation while incarcerated;​ 129.2 (10) the inmate's criminal history;​ 129.3 (11) if the inmate was under 18 years of age at the time of the commission of the offense,​ 129.4 relevant science on the neurological development of juveniles and information on the inmate's​ 129.5 maturity and development while incarcerated; and​ 129.6 (12) any other relevant conduct of the inmate while incarcerated or before incarceration.​ 129.7 (j) The board may not grant supervised release or parole to an inmate unless:​ 129.8 (1) while in prison:​ 129.9 (i) the inmate has successfully completed appropriate sex offender treatment, if applicable;​ 129.10 (ii) the inmate has been assessed for substance use disorder needs and, if appropriate,​ 129.11 has successfully completed substance use disorder treatment; and​ 129.12 (iii) the inmate has been assessed for mental health needs and, if appropriate, has​ 129.13 successfully completed mental health treatment; and​ 129.14 (2) a comprehensive individual release plan is in place for the inmate that:​ 129.15 (i) ensures that, after release, the inmate will have suitable housing and receive appropriate​ 129.16 aftercare and community-based treatment; and​ 129.17 (ii) includes a postprison employment or education plan for the inmate.​ 129.18 (k) Supervised release or parole must be granted with a majority vote of the quorum​ 129.19 required under section 244.049, subdivision 3. If there is a tie vote, supervised release or​ 129.20 parole is granted only if the commissioner votes in favor of granting supervised release or​ 129.21 parole.​ 129.22 (l) Within 30 days after a supervised release review hearing, the board must issue a​ 129.23 decision on granting release, including an explanation for the decision. If an inmate is serving​ 129.24 multiple sentences that are concurrent to one another, the board must grant or deny supervised​ 129.25 release on all sentences.​ 129.26 (m) If the board does not grant supervised release, upon request of the inmate, the board​ 129.27 shall conduct a subsequent supervised release hearing within three years of the initial hearing.​ 129.28 If release is denied at the subsequent hearing, upon request of the inmate, the board shall​ 129.29 continue to hold hearings at least once every three years. If the board denies an inmate's​ 129.30 release under this paragraph, the explanation of that decision must identify specific steps​ 129​ Article 8 Sec. 9.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 130.1 that the inmate can take to increase the likelihood that release will be granted at a future​ 130.2 hearing.​ 130.3 (n) When granting supervised release under this subdivision, the board must set prerelease​ 130.4 conditions to be followed by the inmate, if time permits, before their actual release or before​ 130.5 constructive parole becomes effective. If the inmate violates any of the prerelease conditions,​ 130.6 the commissioner may rescind the grant of supervised release without a hearing at any time​ 130.7 before the inmate's release or before constructive parole becomes effective. A grant of​ 130.8 constructive parole becomes effective once the inmate begins serving the consecutive​ 130.9 sentence.​ 130.10 (o) If the commissioner rescinds a grant of supervised release or parole, the board:​ 130.11 (1) must set a release review date that occurs within 90 days of the commissioner's​ 130.12 rescission; and​ 130.13 (2) by majority vote, may set a new supervised release date or set another review date.​ 130.14 (p) If the commissioner revokes supervised release or parole for an inmate serving a life​ 130.15 sentence, the revocation is not subject to the limitations under section 244.30 and the board:​ 130.16 (1) must set a release review date that occurs within one year of the commissioner's final​ 130.17 revocation decision; and​ 130.18 (2) by majority vote, may set a new supervised release date or set another review date.​ 130.19 (q) The board may, by a majority vote, grant a person on supervised release or parole​ 130.20 for a life or indeterminate sentence a final discharge from their sentence in accordance with​ 130.21 section 243.05, subdivision 3. In no case, however, may a person subject to a mandatory​ 130.22 lifetime conditional release term under section 609.3455, subdivision 7, be discharged from​ 130.23 that term.​ 130.24 (r) For purposes of this subdivision:​ 130.25 (1) "board" means the Indeterminate Sentence Supervised Release Board under section​ 130.26 244.049;​ 130.27 (2) "constructive parole" means the status of an inmate who has been paroled from an​ 130.28 indeterminate sentence to begin serving a consecutive sentence in prison; and​ 130.29 (3) "victim" has the meaning given in section 611A.01, paragraph (b).​ 130.30 EFFECTIVE DATE. This section is effective July 1, 2024, and applies to supervised​ 130.31 release hearings conducted on or after that date.​ 130​ Article 8 Sec. 9.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 131.1 Sec. 10. Minnesota Statutes 2023 Supplement, section 244.17, subdivision 3, is amended​ 131.2 to read:​ 131.3 Subd. 3. Offenders not eligible. (a) The following offenders are not eligible to be placed​ 131.4 in the challenge incarceration program:​ 131.5 (1) offenders who are committed to the commissioner's custody following a conviction​ 131.6 for murder, manslaughter, criminal sexual conduct, assault, kidnapping, robbery, carjacking,​ 131.7 arson, or any other offense involving death or intentional personal injury;​ 131.8 (2) offenders who were convicted within the preceding ten years of an offense described​ 131.9 in clause (1) and were committed to the custody of the commissioner;​ 131.10 (3) offenders who have been convicted or adjudicated delinquent within the past five​ 131.11 years for a violation of section 609.485;​ 131.12 (4) offenders who are committed to the commissioner's custody for an offense that​ 131.13 requires registration under section 243.166;​ 131.14 (5) offenders who are the subject of a current arrest warrant or detainer;​ 131.15 (6) offenders who have fewer than 180 days remaining until their supervised release​ 131.16 date;​ 131.17 (7) offenders who have had disciplinary confinement time added to their sentence or​ 131.18 who have been placed in segregation, unless 90 days have elapsed from the imposition of​ 131.19 the additional disciplinary confinement time or the last day of segregation;​ 131.20 (8) offenders who have received a suspended formal disciplinary sanction, unless the​ 131.21 suspension has expired; and​ 131.22 (9) offenders whose governing sentence is for an offense from another state or the United​ 131.23 States; and.​ 131.24 (10) offenders who have a medical condition included on the list of ineligible conditions​ 131.25 described in paragraph (b).​ 131.26 (b) The commissioner of corrections shall develop a list of medical conditions that will​ 131.27 disqualify an offender from participating in the challenge incarceration program. The​ 131.28 commissioner shall submit the list and any changes to it to the chairs and ranking minority​ 131.29 members of the senate and house committees having jurisdiction over criminal justice policy​ 131.30 and funding.​ 131​ Article 8 Sec. 10.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 132.1 Sec. 11. Minnesota Statutes 2023 Supplement, section 244.21, subdivision 2, is amended​ 132.2 to read:​ 132.3 Subd. 2. Commissioner of corrections; report. By January 15 May 1 each year, the​ 132.4 commissioner must report to the chairs of the legislative committees with jurisdiction over​ 132.5 public safety policy and finance on recommended methods of coordinating the exchange​ 132.6 of information collected on individuals on probation under subdivision 1:.​ 132.7 (1) between probation service providers; and​ 132.8 (2) between probation service providers and the Department of Corrections.​ 132.9 Sec. 12. Minnesota Statutes 2023 Supplement, section 244.41, is amended by adding a​ 132.10 subdivision to read:​ 132.11 Subd. 3a. Conditional release. As used in sections 244.40 to 244.51, "conditional​ 132.12 release" has the meaning given in section 609.02, subdivision 18.​ 132.13 Sec. 13. Minnesota Statutes 2023 Supplement, section 244.41, subdivision 6, is amended​ 132.14 to read:​ 132.15 Subd. 6. Earned compliance credit. "Earned compliance credit" means a one-month​ 132.16 reduction from the period during active supervision of the supervised release term for every​ 132.17 two months that a supervised individual exhibits compliance with the conditions and goals​ 132.18 of the individual's supervision plan. Earned compliance credit also applies to a conditional​ 132.19 release term.​ 132.20 Sec. 14. Minnesota Statutes 2023 Supplement, section 244.41, subdivision 14, is amended​ 132.21 to read:​ 132.22 Subd. 14. Supervision abatement status. "Supervision abatement status" means an end​ 132.23 to active correctional supervision of a supervised individual without effect on the legal​ 132.24 expiration date of the individual's executed sentence less any earned incentive release credit​ 132.25 or the expiration date of a conditional release term.​ 132.26 Sec. 15. Minnesota Statutes 2023 Supplement, section 244.46, subdivision 1, is amended​ 132.27 to read:​ 132.28 Subdivision 1. Adopting policy for earned compliance credit; supervision abatement​ 132.29 status. (a) The commissioner must adopt a policy providing for earned compliance credit.​ 132​ Article 8 Sec. 15.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 133.1 (b) Except as otherwise provided in the act, once the time served on active supervision​ 133.2 plus earned compliance credits equals the total length of the supervised release term, the​ 133.3 commissioner must place the individual on supervision abatement status for the remainder​ 133.4 of the supervised release term and, if applicable, the conditional release term.​ 133.5 Sec. 16. Minnesota Statutes 2023 Supplement, section 244.46, subdivision 2, is amended​ 133.6 to read:​ 133.7 Subd. 2. Violating conditions of release; commissioner action. If an individual violates​ 133.8 the conditions of release while on supervision abatement status, the commissioner may:​ 133.9 (1) return the individual to active supervision for the remainder of the supervised release​ 133.10 or conditional release term, with or without modifying the conditions of release; or​ 133.11 (2) revoke the individual's supervised release or conditional release in accordance with​ 133.12 section 244.05, subdivision 3.​ 133.13 Sec. 17. Minnesota Statutes 2023 Supplement, section 244.50, subdivision 4, is amended​ 133.14 to read:​ 133.15 Subd. 4. Distributing reallocation funds. The commissioner must distribute funds as​ 133.16 follows:​ 133.17 (1) 25 50 percent must be transferred to the Office of Justice Programs in the Department​ 133.18 of Public Safety for crime victim services;​ 133.19 (2) 25 percent must be transferred to the Community Corrections Act subsidy​ 133.20 appropriation and to the Department of Corrections for supervised release and intensive​ 133.21 supervision services, based upon a three-year average of the release jurisdiction of supervised​ 133.22 releasees and intensive supervised releasees across the state; and​ 133.23 (3) 25 percent must be transferred to the Department of Corrections for:​ 133.24 (i) grants to develop and invest in community-based services that support the identified​ 133.25 needs of correctionally involved individuals or individuals at risk of becoming involved in​ 133.26 the criminal justice system; and​ 133.27 (ii) sustaining the operation of evidence-based programming in state and local correctional​ 133.28 facilities; and.​ 133.29 (4) 25 percent must be transferred to the general fund.​ 133​ Article 8 Sec. 17.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 134.1 Sec. 18. [244.60] SUPERVISED RELEASE EMPLOYMENT REQUIREMENT;​ 134.2 POSTSECONDARY EDUCATION.​ 134.3 If the commissioner of corrections imposes a requirement on a person placed on​ 134.4 supervised release that the person work or be employed, the commissioner shall provide​ 134.5 that enrollment and participation in postsecondary education or a combination of work and​ 134.6 education satisfies this requirement.​ 134.7 Sec. 19. Minnesota Statutes 2023 Supplement, section 401.01, subdivision 2, is amended​ 134.8 to read:​ 134.9 Subd. 2. Definitions. (a) For purposes of this chapter, the terms defined in this subdivision​ 134.10 have the meanings given them.​ 134.11 (b) "CCA jurisdiction" means a county or Tribal Nation that participates in the​ 134.12 Community Corrections Act, the subsidy program under this chapter.​ 134.13 (c) "Commissioner" means the commissioner of corrections or a designee.​ 134.14 (d) "Conditional release" means:​ 134.15 (1) parole, supervised release, or conditional release as authorized by section 609.3455,​ 134.16 subdivision 6, 7, or 8; Minnesota Statutes 2004, section 609.108, subdivision 6; or Minnesota​ 134.17 Statutes 2004, section 609.109, subdivision 7;​ 134.18 (2) work release as authorized by sections 241.26, 244.065, and 631.425; and​ 134.19 (3) probation, furlough, and any other authorized temporary release from a correctional​ 134.20 facility.​ 134.21 (e) "Detain" means to take into actual custody, including custody within a local​ 134.22 correctional facility.​ 134.23 (f) "Joint board" means the board under section 471.59.​ 134.24 (g) "Local advisory board" means:​ 134.25 (1) for a CCA jurisdiction, a corrections advisory board as defined in section 401.08;​ 134.26 (2) for a non-CCA jurisdiction other than a Tribal Nation, a human services advisory​ 134.27 board as defined in section 402.02, or advisory committee or task force as defined in section​ 134.28 402.03; or​ 134.29 (3) for a Tribal Nation that is a non-CCA jurisdiction, a board with membership as​ 134.30 determined by the Tribal Nation.​ 134​ Article 8 Sec. 19.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 135.1 (g) (h) "Non-CCA jurisdiction" means a county or Tribal Nation that is not participating​ 135.2 in the Community Corrections Act subsidy program and provides or receives probation​ 135.3 services according to section 244.19.​ 135.4 (h) (i) "Probation officer" means a county or Tribal probation officer under a CCA or​ 135.5 non-CCA jurisdiction appointed with the powers under section 244.19.​ 135.6 (i) (j) "Release" means to release from actual custody.​ 135.7 (j) (k) "Tribal Nation" means a federally recognized Tribal Nation within the boundaries​ 135.8 of the state of Minnesota.​ 135.9 Sec. 20. Minnesota Statutes 2023 Supplement, section 401.10, subdivision 1, is amended​ 135.10 to read:​ 135.11 Subdivision 1. Community supervision funding formula. (a) Beginning July 1, 2023,​ 135.12 the community supervision subsidy paid to each county, the commissioner for supervision​ 135.13 of non-CCA jurisdictions served by the Department of Corrections, and each applicable​ 135.14 Tribal Nation under paragraph (e) equals the sum of:​ 135.15 (1) a base funding amount equal to $150,000; and​ 135.16 (2) a community supervision formula equal to the sum of:​ 135.17 (i) for each individual with a felony sentence, a felony per diem rate of $5.62 multiplied​ 135.18 by the sum of the county's or Tribal Nation's adult felony population, adult supervised​ 135.19 release and parole populations, and juvenile supervised release and parole populations as​ 135.20 reported in the most recent probation survey published by the commissioner, multiplied by​ 135.21 365; and​ 135.22 (ii) for each individual sentenced for a gross misdemeanor or misdemeanor or under​ 135.23 juvenile probation, the felony per diem rate of $5.62 multiplied by 0.5 and then multiplied​ 135.24 by the sum of the county's or Tribal Nation's gross misdemeanor, misdemeanor, and juvenile​ 135.25 populations as reported in the most recent probation survey published by the commissioner,​ 135.26 multiplied by 365.​ 135.27 (b) For a non-CCA jurisdiction under section 244.19, subdivision 1b, paragraph (b) or​ 135.28 (c), the base funding amount must be shared equally between the jurisdiction and the​ 135.29 commissioner for the provision of felony supervision under section 244.20.​ 135.30 (c) If in any year the total amount appropriated for the purpose of this section is more​ 135.31 than or less than the total of base funding plus community supervision formula funding for​ 135.32 all counties and applicable Tribal Nations, the sum of each county's and applicable Tribal​ 135​ Article 8 Sec. 20.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 136.1 Nation's base funding plus community supervision formula funding is adjusted by the ratio​ 136.2 of amounts appropriated for this purpose divided by the total of base funding plus community​ 136.3 supervision formula funding for all counties and applicable Tribal Nations.​ 136.4 (d) If in any year the base funding plus the community supervision formula amount​ 136.5 based on what was appropriated in fiscal year 2024 is less than the funding paid to the​ 136.6 county in fiscal year 2023, the difference is added to the community supervision formula​ 136.7 amount for that county. A county is not eligible for additional funding under this paragraph​ 136.8 unless the base funding plus community supervision formula results in an increase in funding​ 136.9 for the county based on what was appropriated in the previous fiscal year. This paragraph​ 136.10 expires June 30, 2029.​ 136.11 (e) For each Tribal Nation, a funding amount of $250,000 is allotted annually to purchase​ 136.12 probation services or probation-related services, including contracted services, but a Tribal​ 136.13 Nation that becomes a CCA jurisdiction or a non-CCA jurisdiction under section 244.19,​ 136.14 subdivision 1b, paragraph (b) or (c), is an applicable Tribal Nation under paragraphs (a) to​ 136.15 (c) and:​ 136.16 (1) has the Tribal Nation's funding amount of $250,000 transferred to the total community​ 136.17 supervision subsidy amount appropriated for the purposes of this section; and​ 136.18 (2) is allotted a base funding amount equal to $150,000 plus an amount as determined​ 136.19 according to the community supervision formula under paragraph (a), clause (2).​ 136.20 (f) Minnesota Rehabilitation and Reinvestment Act savings under section 244.50,​ 136.21 subdivision 4, clause (2), are appropriated to each CCA jurisdiction and non-CCA jurisdiction​ 136.22 served by the Department of Corrections by dividing the three-year average of the number​ 136.23 of individuals on supervised release and intensive supervised release within the jurisdiction​ 136.24 by the three-year average of the total number of individuals under supervised release and​ 136.25 intensive supervised release statewide, using the numbers reported annually in the Probation​ 136.26 Survey report.​ 136.27 Sec. 21. Minnesota Statutes 2022, section 609.02, is amended by adding a subdivision to​ 136.28 read:​ 136.29 Subd. 18. Conditional release. "Conditional release" means a court-ordered mandatory​ 136.30 term of community supervision as prescribed by sections 169A.276, subdivision 1, paragraph​ 136.31 (d) (first-degree DWI); 243.166, subdivision 5a (violating predatory offender registration​ 136.32 requirements); 609.2231, subdivision 3a, paragraph (d) (assault on secure treatment facility​ 136.33 staff); 609.3455, subdivisions 6 and 7 (criminal sexual conduct); 617.246, subdivision 7​ 136​ Article 8 Sec. 21.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 137.1 (use of minors in sexual performances); and 617.247, subdivision 9 (possession of child​ 137.2 pornography). Conditional release is in addition to any applicable supervised release term.​ 137.3 Sec. 22. Minnesota Statutes 2023 Supplement, section 609.133, subdivision 4, is amended​ 137.4 to read:​ 137.5 Subd. 4. Petition; contents; fee. (a) A prosecutor's petition for sentence adjustment​ 137.6 shall be filed in the district court where the individual was convicted and include the​ 137.7 following:​ 137.8 (1) the full name of the individual on whose behalf the petition is being brought and, to​ 137.9 the extent possible, all other legal names or aliases by which the individual has been known​ 137.10 at any time;​ 137.11 (2) the individual's date of birth;​ 137.12 (3) the individual's address;​ 137.13 (4) a brief statement of the reason the prosecutor is seeking a sentence adjustment for​ 137.14 the individual;​ 137.15 (5) the details of the offense for which an adjustment is sought, including:​ 137.16 (i) the date and jurisdiction of the occurrence;​ 137.17 (ii) either the names of any victims or that there were no identifiable victims;​ 137.18 (iii) whether there is a current order for protection, restraining order, or other no contact​ 137.19 order prohibiting the individual from contacting the victims or whether there has ever been​ 137.20 a prior order for protection or restraining order prohibiting the individual from contacting​ 137.21 the victims;​ 137.22 (iv) the court file number; and​ 137.23 (v) the date of conviction;​ 137.24 (6) what steps the individual has taken since the time of the offense toward personal​ 137.25 rehabilitation, including treatment, work, good conduct within correctional facilities, or​ 137.26 other personal history that demonstrates rehabilitation;​ 137.27 (7) the individual's criminal conviction record indicating all convictions for​ 137.28 misdemeanors, gross misdemeanors, or felonies in this state, and for all comparable​ 137.29 convictions in any other state, federal court, or foreign country, whether the convictions​ 137.30 occurred before or after the conviction for which an adjustment is sought;​ 137​ Article 8 Sec. 22.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 138.1 (8) the individual's criminal charges record indicating all prior and pending criminal​ 138.2 charges against the individual in this state or another jurisdiction, including all criminal​ 138.3 charges that have been continued for dismissal, stayed for adjudication, or were the subject​ 138.4 of pretrial diversion; and​ 138.5 (9) to the extent known, all prior requests by the individual, whether for the present​ 138.6 offense or for any other offenses in this state or any other state or federal court, for pardon,​ 138.7 return of arrest records, or expungement or sealing of a criminal record, whether granted​ 138.8 or not, and all stays of adjudication or imposition of sentence involving the petitioner.​ 138.9 (b) The filing fee for a petition brought under this section shall be waived.​ 138.10 (c) Notwithstanding chapter 13 or any other statute related to the classification of​ 138.11 government data, a supervising agent or the commissioner of corrections may provide private​ 138.12 or confidential data to a prosecutor for purposes of a petition for sentence adjustment.​ 138.13 Sec. 23. Minnesota Statutes 2023 Supplement, section 609A.06, subdivision 2, is amended​ 138.14 to read:​ 138.15 Subd. 2. Executive director. (a) The governor must appoint the initial executive director​ 138.16 of the Cannabis Expungement Board. The executive director must be knowledgeable about​ 138.17 expungement law and criminal justice. The executive director serves at the pleasure of the​ 138.18 board in the unclassified service as an executive branch employee. Any vacancy shall be​ 138.19 filled by the board.​ 138.20 (b) The executive director's salary is set in accordance with section 15A.0815, subdivision​ 138.21 3.​ 138.22 (c) (b) The executive director may obtain office space and supplies and hire administrative​ 138.23 staff necessary to carry out the board's official functions, including providing administrative​ 138.24 support to the board and attending board meetings. Any additional staff serve in the classified​ 138.25 service.​ 138.26 (d) (c) At the direction of the board, the executive director may enter into interagency​ 138.27 agreements with the Department of Corrections or any other agency to obtain material and​ 138.28 personnel support necessary to carry out the board's mandates, policies, activities, and​ 138.29 objectives.​ 138.30 Sec. 24. Minnesota Statutes 2022, section 611A.06, subdivision 3a, is amended to read:​ 138.31 Subd. 3a. Offender location. (a) Upon the victim's written or electronic request and if​ 138.32 the victim and offender have been household or family members as defined in section​ 138​ Article 8 Sec. 24.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 139.1 518B.01, subdivision 2, paragraph (b), The commissioner of corrections or the​ 139.2 commissioner's designee shall may disclose to the victim of an offender convicted of a​ 139.3 qualified domestic violence-related offense as defined in section 609.02, subdivision 16,​ 139.4 notification of the city and five-digit zip code of the offender's residency upon release from​ 139.5 a Department of Corrections facility, unless:​ 139.6 (1) the offender is not under correctional supervision at the time of the victim's request;​ 139.7 (2) the commissioner or the commissioner's designee does not have the city or zip code;​ 139.8 or​ 139.9 (3) the commissioner or the commissioner's designee reasonably believes that disclosure​ 139.10 of the city or zip code of the offender's residency creates a risk to the victim, offender, or​ 139.11 public safety.​ 139.12 (b) All identifying information regarding the victim including, but not limited to, the​ 139.13 notification provided by the commissioner or the commissioner's designee is classified as​ 139.14 private data on individuals as defined in section 13.02, subdivision 12, and is accessible​ 139.15 only to the victim.​ 139.16 (c) This subdivision applies only where the offender is serving a prison term for a​ 139.17 qualified domestic violence-related offense committed against the victim seeking notification.​ 139.18 Sec. 25. Minnesota Statutes 2023 Supplement, section 626.8516, subdivision 6, is amended​ 139.19 to read:​ 139.20 Subd. 6. Education providers; sites. (a) No later than October 1, 2023, the Board of​ 139.21 Trustees of the Minnesota State Colleges and Universities shall designate at least two​ 139.22 regionally diverse system campuses to provide the required intensive comprehensive law​ 139.23 enforcement education and skills training to eligible peace officer candidates.​ 139.24 (b) In addition to the campuses designated under paragraph (a), the commissioner may​ 139.25 designate private, nonprofit postsecondary institutions to provide the required intensive​ 139.26 comprehensive law enforcement education and skills training to eligible peace officer​ 139.27 candidates.​ 139.28 (c) Effective July 1, 2025, the Board of Regents of the University of Minnesota may​ 139.29 request that the commissioner designate one or more campuses to provide intensive​ 139.30 comprehensive law enforcement education and skills training to eligible peace officer​ 139.31 candidates. Upon such a request, the commissioner may designate at least one of the requested​ 139.32 campuses.​ 139​ Article 8 Sec. 25.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 140.1 Sec. 26. Minnesota Statutes 2023 Supplement, section 629.292, subdivision 2, is amended​ 140.2 to read:​ 140.3 Subd. 2. Procedure on receipt of request. The request shall be delivered to the​ 140.4 commissioner of corrections or other official designated by the commissioner having custody​ 140.5 of the prisoner, who shall forthwith:​ 140.6 (1) certify the term of commitment under which the prisoner is being held, the time​ 140.7 already served on the sentence, the time remaining to be served, the good time earned, the​ 140.8 time of parole eligibility of the prisoner, and any decisions of the commissioner of corrections​ 140.9 relating to the prisoner; and​ 140.10 (2) send by registered or certified mail, return receipt requested, one copy of the request​ 140.11 and certificate to the court and one copy to the prosecuting attorney to whom it is addressed;​ 140.12 and, or​ 140.13 (3) send by e-filing and e-serving the paperwork, one copy of the request to the court​ 140.14 and one copy to the prosecuting attorney to whom it is addressed.​ 140.15 Sec. 27. Minnesota Statutes 2023 Supplement, section 638.09, subdivision 5, is amended​ 140.16 to read:​ 140.17 Subd. 5. Executive director. (a) The board must appoint a commission executive director​ 140.18 knowledgeable about clemency and criminal justice. The executive director serves at the​ 140.19 pleasure of the board in the unclassified service as an executive branch employee.​ 140.20 (b) The executive director's salary is set in accordance with section 15A.0815, subdivision​ 140.21 3.​ 140.22 (c) (b) The executive director may obtain office space and supplies and hire administrative​ 140.23 staff necessary to carry out the commission's official functions, including providing​ 140.24 administrative support to the board and attending board meetings. Any additional staff serve​ 140.25 in the unclassified service at the pleasure of the executive director.​ 140.26 Sec. 28. Laws 2023, chapter 52, article 8, section 20, subdivision 3, is amended to read:​ 140.27 Subd. 3. Department administrative assistance. Beginning August 1, 2023, through​ 140.28 February 29, 2024 June 30, 2024, the Department of Corrections must provide the Clemency​ 140.29 Review Commission with administrative assistance, technical assistance, office space, and​ 140.30 other assistance necessary for the commission to carry out its duties under sections 4 to 20.​ 140.31 EFFECTIVE DATE. This section is effective retroactively from February 28, 2024.​ 140​ Article 8 Sec. 28.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 141.1 Sec. 29. Laws 2023, chapter 63, article 5, section 5, is amended to read:​ 141.2 Sec. 5. TRANSITION PERIOD.​ 141.3 Beginning August 1, 2023, through March 1, 2024 August 1, 2024, the Department of​ 141.4 Corrections must provide the Cannabis Expungement Board with administrative assistance,​ 141.5 technical assistance, office space, and other assistance necessary for the board to carry out​ 141.6 its duties under Minnesota Statutes, section 609A.06. The Cannabis Expungement Board​ 141.7 shall reimburse the Department of Corrections for the services and space provided.​ 141.8 EFFECTIVE DATE. This section is effective retroactively from February 28, 2024.​ 141.9 Sec. 30. INCARCERATED STUDENT AID BORROWERS.​ 141.10 Subdivision 1. Identification of borrowers. The commissioner of corrections shall​ 141.11 enter into a data-sharing agreement with the commissioner of higher education to identify​ 141.12 incarcerated persons who are federal student aid borrowers as identified by the Free​ 141.13 Application for Federal Student Aid (FAFSA). For the purposes of this section, student loan​ 141.14 data of any incarcerated person who voluntarily provides their federal loan status is private​ 141.15 data as defined by Minnesota Statutes, section 13.02, subdivision 12.​ 141.16 Subd. 2. Plan. The commissioner of corrections, in consultation with the commissioner​ 141.17 of the Office of Higher Education, shall develop a plan by December 1, 2024, to assist​ 141.18 incarcerated persons in enrolling in a federal income-driven repayment plan in which there​ 141.19 are no monthly payments or accrual of interest for borrowers with earnings below the federal​ 141.20 poverty guidelines, to the extent such payment plans are available, and submit the plan to​ 141.21 the chairs and ranking minority members of the legislative committees with jurisdiction​ 141.22 over higher education and corrections.​ 141.23 Subd. 3. Sunset. This section expires June 30, 2027, or when the Department of​ 141.24 Corrections establishes a system for collecting this information upon intake, whichever​ 141.25 occurs first.​ 141.26 Sec. 31. FRESH START PROGRAM.​ 141.27 (a) The commissioner of corrections shall provide outreach in each correctional facility​ 141.28 in Minnesota to apprise incarcerated persons about the federal Fresh Start program and​ 141.29 encourage eligible persons to enroll in the program. The commissioner shall work with a​ 141.30 student loan debt counseling grantee under Minnesota Statutes, section 136A.1788, to assist​ 141.31 Fresh Start applicants to enroll in an income-driven repayment plan when the borrower is​ 141.32 in repayment status.​ 141​ Article 8 Sec. 31.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 142.1 (b) The commissioner shall report by January 15, 2025, to the chairs and ranking minority​ 142.2 members of the legislative committees with jurisdiction over corrections and higher​ 142.3 education. The report must include a summary of the outreach efforts in each correctional​ 142.4 facility in Minnesota to enroll eligible incarcerated persons in the federal Fresh Start program,​ 142.5 the efforts to assist Fresh Start applicants in enrolling in income-driven repayment plans,​ 142.6 the number of incarcerated persons served by the student loan debt counseling grantee​ 142.7 referenced under paragraph (a), and the number of contacts by incarcerated persons to the​ 142.8 United States Department of Education about enrolling in the federal Fresh Start program​ 142.9 in the previous year.​ 142.10 (c) This section expires January 15, 2025.​ 142.11 Sec. 32. REPEALER.​ 142.12 Minnesota Statutes 2022, section 241.265, is repealed.​ 142.13 ARTICLE 9​ 142.14 RESTORATIVE PRACTICES RESTITUTION PROGRAM​ 142.15 Section 1. Minnesota Statutes 2023 Supplement, section 299A.95, subdivision 5, is​ 142.16 amended to read:​ 142.17 Subd. 5. Grants. (a) Within available appropriations, the director shall award grants to​ 142.18 establish and support restorative practices initiatives and for the restitution program described​ 142.19 in section 299A.955. An approved applicant must receive a grant of up to $500,000 each​ 142.20 year.​ 142.21 (b) On an annual basis, the Office of Restorative Practices shall establish a minimum​ 142.22 number of applications that must be received during the application process. If the minimum​ 142.23 number of applications is not received, the office must reopen the application process.​ 142.24 (c) Grants may be awarded to private and public nonprofit agencies; local units of​ 142.25 government, including cities, counties, and townships; local educational agencies; and Tribal​ 142.26 governments. A restorative practices advisory committee may support multiple entities​ 142.27 applying for grants based on community needs, the number of youth and families in the​ 142.28 jurisdiction, and the number of restorative practices available to the community. Budgets​ 142.29 supported by grant funds can include contracts with partner agencies.​ 142.30 (d) Applications must include the following:​ 142.31 (1) a list of willing restorative practices advisory committee members;​ 142​ Article 9 Section 1.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 143.1 (2) letters of support from potential restorative practices advisory committee members;​ 143.2 (3) a description of the planning process that includes:​ 143.3 (i) a description of the origins of the initiative, including how the community provided​ 143.4 input; and​ 143.5 (ii) an estimated number of participants to be served; and​ 143.6 (4) a formal document containing a project description that outlines the proposed goals,​ 143.7 activities, and outcomes of the initiative including, at a minimum:​ 143.8 (i) a description of how the initiative meets the minimum eligibility requirements of the​ 143.9 grant;​ 143.10 (ii) the roles and responsibilities of key staff assigned to the initiative;​ 143.11 (iii) identification of any key partners, including a summary of the roles and​ 143.12 responsibilities of those partners;​ 143.13 (iv) a description of how volunteers and other community members are engaged in the​ 143.14 initiative; and​ 143.15 (v) a plan for evaluation and data collection.​ 143.16 (e) In determining the appropriate amount of each grant, the Office of Restorative​ 143.17 Practices shall consider the number of individuals likely to be served by the local restorative​ 143.18 practices initiative.​ 143.19 Sec. 2. [299A.955] RESTORATIVE PRACTICES; RESTITUTION PROGRAM.​ 143.20 Subdivision 1. Definitions. (a) As used in this section, the following terms have the​ 143.21 meanings given.​ 143.22 (b) "Juvenile" has the same meaning as given to the term "child" in section 260B.007,​ 143.23 subdivision 3.​ 143.24 (c) "Juvenile offense" means a violation of local, state, Tribal, or federal law, other than​ 143.25 a juvenile petty offense or a major traffic offense, committed by a juvenile within the​ 143.26 boundaries of the state of Minnesota.​ 143.27 (d) "Juvenile petty offense" has the meaning given in section 260B.007, subdivision 16.​ 143.28 (e) "Major traffic offense" has the meaning given in section 260B.225, subdivision 1,​ 143.29 paragraph (b).​ 143.30 (f) "Victim" has the meaning given in section 611A.01, paragraph (b).​ 143​ Article 9 Sec. 2.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 144.1 Subd. 2. Establishment; purpose. The Office of Restorative Practices must establish​ 144.2 a restorative practices restitution grant program. Restorative practices restitution grants​ 144.3 must be used to reimburse victims for economic losses or other harm resulting from an act​ 144.4 that would constitute a juvenile offense, juvenile petty offense, or major traffic offense​ 144.5 committed by a juvenile if the juvenile participates in a restorative process to address the​ 144.6 harm.​ 144.7 Subd. 3. Eligibility; application; amount. (a) A restorative practices initiative is eligible​ 144.8 for a grant under this section in any fiscal year in which the Office of Restorative Practices​ 144.9 awards the restorative practices initiative a grant under section 299A.95, subdivision 5. A​ 144.10 restorative practices initiative may submit an application under this section before the Office​ 144.11 of Restorative Practices acts on an application submitted pursuant to section 299A.95,​ 144.12 subdivision 5.​ 144.13 (b) Applicants must submit an application in the form and manner established by the​ 144.14 Office of Restorative Practices. Applications must include a letter of support from the​ 144.15 restorative practices advisory committee in the jurisdiction where the applicant will operate​ 144.16 or, if the restorative practices advisory committee has not been established, at least two​ 144.17 letters of support from potential restorative practices advisory committee members, one of​ 144.18 whom must be a member described in section 299A.95, subdivision 6, paragraph (a), clause​ 144.19 (1), (2), or (5).​ 144.20 (c) A grant issued under this section may be in an amount of up to 15 percent of the​ 144.21 amount awarded to the restorative practices initiative under section 299A.95, subdivision​ 144.22 5.​ 144.23 Subd. 4. Reimbursement procedures. (a) A grant recipient must establish policies and​ 144.24 procedures to verify that a person is a victim of an act that would constitute a juvenile​ 144.25 offense, juvenile petty offense, or major traffic offense committed by a juvenile and the​ 144.26 amount of economic loss or other harm sustained by the victim.​ 144.27 (b) A grant recipient must establish policies and procedures for the payment of​ 144.28 reimbursement to victims and to record the amount paid. Payment may be made directly to​ 144.29 a victim or, if applicable, to a court administrator or probation officer.​ 144.30 (c) Policies and procedures established under this subdivision must be approved by the​ 144.31 restorative practices advisory committee in the jurisdiction where the restorative practices​ 144.32 initiative operates.​ 144.33 Subd. 5. Data practices. (a) Personal history information and other information collected,​ 144.34 used, and maintained by a restorative practices initiative operating a restorative practices​ 144​ Article 9 Sec. 2.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 145.1 restitution program under this section are private data on individuals as defined in section​ 145.2 13.02, subdivision 12, and the grantee shall maintain the data in accordance with the​ 145.3 provisions of chapter 13, if:​ 145.4 (1) the identity and location of any crime victim may be determined from the data; or​ 145.5 (2) the identity and location of any juvenile who committed an act that would constitute​ 145.6 a juvenile offense, juvenile petty offense, or major traffic offense committed by a juvenile​ 145.7 may be determined from the data.​ 145.8 (b) Personal history data and other information collected, used, and maintained by the​ 145.9 Office of Restorative Practices are private data on individuals as defined in section 13.02,​ 145.10 subdivision 12, if:​ 145.11 (1) the identity and location of any crime victim may be determined from the data; or​ 145.12 (2) the identity and location of any juvenile who committed an act that would constitute​ 145.13 a juvenile offense, juvenile petty offense, or major traffic offense committed by a juvenile​ 145.14 may be determined from the data.​ 145.15 (c) The Office of Restorative Practices must establish written procedures to ensure that​ 145.16 only individuals authorized by law may enter, update, or access data classified as nonpublic​ 145.17 or private data on individuals. An authorized individual's ability to enter, update, or access​ 145.18 not public data must correspond to the official duties or training level of the individual and​ 145.19 to the statutory authorization granting access for that purpose. All queries and responses,​ 145.20 and all actions in which not public data are entered, updated, accessed, shared, or​ 145.21 disseminated, must be recorded in a data audit trail. Data contained in the audit trail have​ 145.22 the same classification as the underlying data tracked by the audit trail.​ 145.23 Sec. 3. Laws 2023, chapter 52, article 2, section 3, subdivision 8, as amended by Laws​ 145.24 2023, chapter 69, section 12, is amended to read:​ 80,434,000​ 94,758,000​ 145.25 Subd. 8. Office of Justice Programs​ 145.26 Appropriations by Fund​ 80,338,000​ 94,662,000​ 145.27 General​ 96,000​ 96,000​ 145.28 State Government​ 145.29 Special Revenue​ 145.30 (a) Domestic and Sexual Violence Housing​ 145.31 $1,500,000 each year is to establish a​ 145.32 Domestic Violence Housing First grant​ 145​ Article 9 Sec. 3.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 146.1 program to provide resources for survivors of​ 146.2 violence to access safe and stable housing and​ 146.3 for staff to provide mobile advocacy and​ 146.4 expertise in housing resources in their​ 146.5 community and a Minnesota Domestic and​ 146.6 Sexual Violence Transitional Housing​ 146.7 program to develop and support medium to​ 146.8 long term transitional housing for survivors​ 146.9 of domestic and sexual violence with​ 146.10 supportive services. The base for this​ 146.11 appropriation is $1,000,000 beginning in fiscal​ 146.12 year 2026.​ 146.13 (b) Federal Victims of Crime Funding Gap​ 146.14 $11,000,000 each year is to fund services for​ 146.15 victims of domestic violence, sexual assault,​ 146.16 child abuse, and other crimes. This is a​ 146.17 onetime appropriation.​ 146.18 (c) Office for Missing and Murdered Black​ 146.19 Women and Girls​ 146.20 $1,248,000 each year is to establish and​ 146.21 maintain the Minnesota Office for Missing​ 146.22 and Murdered Black Women and Girls.​ 146.23 (d) Increased Staffing​ 146.24 $667,000 the first year and $1,334,000 the​ 146.25 second year are to increase staffing in the​ 146.26 Office of Justice Programs for grant​ 146.27 monitoring and compliance; provide training​ 146.28 and technical assistance to grantees and​ 146.29 potential grantees; conduct community​ 146.30 outreach and engagement to improve the​ 146.31 experiences and outcomes of applicants, grant​ 146.32 recipients, and crime victims throughout​ 146.33 Minnesota; expand the Minnesota Statistical​ 146.34 Analysis Center; and increase staffing for the​ 146​ Article 9 Sec. 3.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 147.1 crime victim reimbursement program and the​ 147.2 Crime Victim Justice Unit.​ 147.3 (e) Office of Restorative Practices​ 147.4 $500,000 each year is to establish and​ 147.5 maintain the Office of Restorative Practices.​ 147.6 (f) Crossover and Dual-Status Youth Model​ 147.7 Grants​ 147.8 $1,000,000 each year is to provide grants to​ 147.9 local units of government to initiate or expand​ 147.10 crossover youth practices model and​ 147.11 dual-status youth programs that provide​ 147.12 services for youth who are involved with or​ 147.13 at risk of becoming involved with both the​ 147.14 child welfare and juvenile justice systems, in​ 147.15 accordance with the Robert F. Kennedy​ 147.16 National Resource Center for Juvenile Justice​ 147.17 model. This is a onetime appropriation.​ 147.18 (g) Restorative Practices Initiatives Grants​ 147.19 $4,000,000 each year is for grants to establish​ 147.20 and support restorative practices initiatives​ 147.21 pursuant to Minnesota Statutes, section​ 147.22 299A.95, subdivision 6, and for a restitution​ 147.23 grant program under Minnesota Statutes,​ 147.24 section 299A.955. This appropriation is​ 147.25 available until June 30, 2026. The base for this​ 147.26 appropriation is $2,500,000 beginning in fiscal​ 147.27 year 2026.​ 147.28 (h) Ramsey County Youth Treatment​ 147.29 Homes Acquisition and Betterment​ 147.30 $5,000,000 the first year is for a grant to​ 147.31 Ramsey County to establish, with input from​ 147.32 community stakeholders, including impacted​ 147.33 youth and families, up to seven intensive​ 147​ Article 9 Sec. 3.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 148.1 trauma-informed therapeutic treatment homes​ 148.2 in Ramsey County that are licensed by the​ 148.3 Department of Human Services, that are​ 148.4 culturally specific, that are community-based,​ 148.5 and that can be secured. These residential​ 148.6 spaces must provide intensive treatment and​ 148.7 intentional healing for youth as ordered by the​ 148.8 court as part of the disposition of a case in​ 148.9 juvenile court.​ 148.10 (i) Ramsey County Violence Prevention​ 148.11 $5,000,000 the first year is for a grant to​ 148.12 Ramsey County to award grants to develop​ 148.13 new and further enhance existing​ 148.14 community-based organizational support​ 148.15 through violence prevention and community​ 148.16 wellness grants. Grantees must use the money​ 148.17 to create family support groups and resources​ 148.18 to support families during the time a young​ 148.19 person is placed out of home following a​ 148.20 juvenile delinquency adjudication and support​ 148.21 the family through the period of postplacement​ 148.22 reentry; create community-based respite​ 148.23 options for conflict or crisis de-escalation to​ 148.24 prevent incarceration or further systems​ 148.25 involvement for families; or establish​ 148.26 additional meaningful employment​ 148.27 opportunities for systems-involved youth. This​ 148.28 appropriation is available through June 30,​ 148.29 2027.​ 148.30 (j) Office for Missing and Murdered​ 148.31 Indigenous Relatives​ 148.32 $274,000 each year is for increased staff and​ 148.33 operating costs of the Office for Missing and​ 148.34 Murdered Indigenous Relatives, the Missing​ 148.35 and Murdered Indigenous Relatives Advisory​ 148​ Article 9 Sec. 3.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 149.1 Board, and the Gaagige-Mikwendaagoziwag​ 149.2 reward advisory group.​ 149.3 (k) Youth Intervention Programs​ 149.4 $3,525,000 the first year and $3,526,000 the​ 149.5 second year are for youth intervention​ 149.6 programs under Minnesota Statutes, section​ 149.7 299A.73. The base for this appropriation is​ 149.8 $3,526,000 in fiscal year 2026 and $3,525,000​ 149.9 in fiscal year 2027.​ 149.10 (l) Community Crime Intervention and​ 149.11 Prevention Grants​ 149.12 $750,000 each year is for community crime​ 149.13 intervention and prevention program grants,​ 149.14 authorized under Minnesota Statutes, section​ 149.15 299A.296. This is a onetime appropriation.​ 149.16 (m) Resources for Victims of Crime​ 149.17 $1,000,000 each year is for general crime​ 149.18 victim grants to meet the needs of victims of​ 149.19 crime not covered by domestic violence,​ 149.20 sexual assault, or child abuse services. This is​ 149.21 a onetime appropriation.​ 149.22 (n) Prosecutor Training​ 149.23 $100,000 each year is for a grant to the​ 149.24 Minnesota County Attorneys Association to​ 149.25 be used for prosecutorial and law enforcement​ 149.26 training, including trial school training and​ 149.27 train-the-trainer courses. All training funded​ 149.28 with grant proceeds must contain blocks of​ 149.29 instruction on racial disparities in the criminal​ 149.30 justice system, collateral consequences to​ 149.31 criminal convictions, and trauma-informed​ 149.32 responses to victims. This is a onetime​ 149.33 appropriation.​ 149​ Article 9 Sec. 3.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 150.1 The Minnesota County Attorneys Association​ 150.2 must report to the chairs and ranking minority​ 150.3 members of the legislative committees with​ 150.4 jurisdiction over public safety policy and​ 150.5 finance on the training provided with grant​ 150.6 proceeds, including a description of each​ 150.7 training and the number of prosecutors and​ 150.8 law enforcement officers who received​ 150.9 training. The report is due by February 15,​ 150.10 2025. The report may include trainings​ 150.11 scheduled to be completed after the date of​ 150.12 submission with an estimate of expected​ 150.13 participants.​ 150.14 (o) Minnesota Heals​ 150.15 $500,000 each year is for the Minnesota Heals​ 150.16 grant program. This is a onetime​ 150.17 appropriation.​ 150.18 (p) Sexual Assault Exam Costs​ 150.19 $3,967,000 the first year and $3,767,000 the​ 150.20 second year are to reimburse qualified health​ 150.21 care providers for the expenses associated with​ 150.22 medical examinations administered to victims​ 150.23 of criminal sexual conduct as required under​ 150.24 Minnesota Statutes, section 609.35, and for​ 150.25 costs to administer the program. The base for​ 150.26 this appropriation is $3,771,000 in fiscal year​ 150.27 2026 and $3,776,000 in fiscal year 2027.​ 150.28 (q) First Responder Mental Health​ 150.29 Curriculum​ 150.30 $75,000 each year is for a grant to the Adler​ 150.31 graduate school. The grantee must use the​ 150.32 grant to develop a curriculum for a 24-week​ 150.33 certificate to train licensed therapists to​ 150.34 understand the nuances, culture, and stressors​ 150​ Article 9 Sec. 3.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 151.1 of the work environments of first responders​ 151.2 to allow those therapists to provide effective​ 151.3 treatment to first responders in distress. The​ 151.4 grantee must collaborate with first responders​ 151.5 who are familiar with the psychological,​ 151.6 cultural, and professional issues of their field​ 151.7 to develop the curriculum and promote it upon​ 151.8 completion.​ 151.9 The grantee may provide the program online.​ 151.10 The grantee must seek to recruit additional​ 151.11 participants from outside the 11-county​ 151.12 metropolitan area.​ 151.13 The grantee must create a resource directory​ 151.14 to provide law enforcement agencies with​ 151.15 names of counselors who complete the​ 151.16 program and other resources to support law​ 151.17 enforcement professionals with overall​ 151.18 wellness. The grantee shall collaborate with​ 151.19 the Department of Public Safety and law​ 151.20 enforcement organizations to promote the​ 151.21 directory. This is a onetime appropriation.​ 151.22 (r) Pathways to Policing​ 151.23 $400,000 each year is for reimbursement​ 151.24 grants to state and local law enforcement​ 151.25 agencies that operate pathway to policing​ 151.26 programs. Applicants for reimbursement​ 151.27 grants may receive up to 50 percent of the cost​ 151.28 of compensating and training program​ 151.29 participants. Reimbursement grants shall be​ 151.30 proportionally allocated based on the number​ 151.31 of grant applications approved by the​ 151.32 commissioner. This is a onetime appropriation.​ 151.33 (s) Direct Assistance to Crime Victim​ 151.34 Survivors​ 151​ Article 9 Sec. 3.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 152.1 $5,000,000 each year is to provide grants for​ 152.2 direct services and advocacy for victims of​ 152.3 sexual assault, general crime, domestic​ 152.4 violence, and child abuse. Funding must​ 152.5 support the direct needs of organizations​ 152.6 serving victims of crime by providing: direct​ 152.7 client assistance to crime victims; competitive​ 152.8 wages for direct service staff; hotel stays and​ 152.9 other housing-related supports and services;​ 152.10 culturally responsive programming; prevention​ 152.11 programming, including domestic abuse​ 152.12 transformation and restorative justice​ 152.13 programming; and for other needs of​ 152.14 organizations and crime victim survivors.​ 152.15 Services funded must include services for​ 152.16 victims of crime in underserved communities​ 152.17 most impacted by violence and reflect the​ 152.18 ethnic, racial, economic, cultural, and​ 152.19 geographic diversity of the state. The office​ 152.20 shall prioritize culturally specific programs,​ 152.21 or organizations led and staffed by persons of​ 152.22 color that primarily serve communities of​ 152.23 color, when allocating funds.​ 152.24 (t) Racially Diverse Youth​ 152.25 $250,000 each year is for grants to​ 152.26 organizations to address racial disparity of​ 152.27 youth using shelter services in the Rochester​ 152.28 and St. Cloud regional areas. Of this amount,​ 152.29 $125,000 each year is to address this issue in​ 152.30 the Rochester area and $125,000 each year is​ 152.31 to address this issue in the St. Cloud area. A​ 152.32 grant recipient shall establish and operate a​ 152.33 pilot program connected to shelter services to​ 152.34 engage in community intervention outreach,​ 152.35 mobile case management, family reunification,​ 152​ Article 9 Sec. 3.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 153.1 aftercare, and follow up when family members​ 153.2 are released from shelter services. A pilot​ 153.3 program must specifically address the high​ 153.4 number of racially diverse youth that enter​ 153.5 shelters in the regions. This is a onetime​ 153.6 appropriation.​ 153.7 (u) Violence Prevention Project Research​ 153.8 Center​ 153.9 $500,000 each year is for a grant to the​ 153.10 Violence Prevention Project Research Center,​ 153.11 operating as a 501(c)(3) organization, for​ 153.12 research focused on reducing violence in​ 153.13 society that uses data and analysis to improve​ 153.14 criminal justice-related policy and practice in​ 153.15 Minnesota. Research must place an emphasis​ 153.16 on issues related to deaths and injuries​ 153.17 involving firearms. This is a onetime​ 153.18 appropriation.​ 153.19 Beginning January 15, 2025, the Violence​ 153.20 Prevention Project Research Center must​ 153.21 submit an annual report to the chairs and​ 153.22 ranking minority members of the legislative​ 153.23 committees with jurisdiction over public safety​ 153.24 policy and finance on its work and findings.​ 153.25 The report must include a description of the​ 153.26 data reviewed, an analysis of that data, and​ 153.27 recommendations to improve criminal​ 153.28 justice-related policy and practice in​ 153.29 Minnesota with specific recommendations to​ 153.30 address deaths and injuries involving firearms.​ 153.31 (v) Report on Approaches to Address Illicit​ 153.32 Drug Use in Minnesota​ 153.33 $118,000 each year is to enter into an​ 153.34 agreement with Rise Research LLC for a study​ 153​ Article 9 Sec. 3.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 154.1 and set of reports on illicit drug use in​ 154.2 Minnesota describing current responses to that​ 154.3 use, reviewing alternative approaches utilized​ 154.4 in other jurisdictions, and making policy and​ 154.5 funding recommendations for a holistic and​ 154.6 effective response to illicit drug use and the​ 154.7 illicit drug trade. The agreement must establish​ 154.8 a budget and schedule with clear deliverables.​ 154.9 This appropriation is onetime.​ 154.10 The study must include a review of current​ 154.11 policies, practices, and funding; identification​ 154.12 of alternative approaches utilized effectively​ 154.13 in other jurisdictions; and policy and funding​ 154.14 recommendations for a response to illicit drug​ 154.15 use and the illicit drug trade that reduces and,​ 154.16 where possible, prevents harm and expands​ 154.17 individual and community health, safety, and​ 154.18 autonomy. Recommendations must consider​ 154.19 impacts on public safety, racial equity,​ 154.20 accessibility of health and ancillary supportive​ 154.21 social services, and the intersections between​ 154.22 drug policy and mental health, housing and​ 154.23 homelessness, overdose and infectious disease,​ 154.24 child welfare, and employment.​ 154.25 Rise Research may subcontract and coordinate​ 154.26 with other organizations or individuals to​ 154.27 conduct research, provide analysis, and​ 154.28 prepare the reports required by this section.​ 154.29 Rise Research shall submit reports to the​ 154.30 chairs and ranking minority members of the​ 154.31 legislative committees with jurisdiction over​ 154.32 public safety finance and policy, human​ 154.33 services finance and policy, health finance and​ 154.34 policy, and judiciary finance and policy. Rise​ 154.35 Research shall submit an initial report by​ 154​ Article 9 Sec. 3.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 155.1 February 15, 2024, and a final report by March​ 155.2 1, 2025.​ 155.3 (w) Legal Representation for Children​ 155.4 $150,000 each year is for a grant to an​ 155.5 organization that provides legal representation​ 155.6 for children in need of protection or services​ 155.7 and children in out-of-home placement. The​ 155.8 grant is contingent upon a match in an equal​ 155.9 amount from nonstate funds. The match may​ 155.10 be in kind, including the value of volunteer​ 155.11 attorney time, in cash, or a combination of the​ 155.12 two. These appropriations are in addition to​ 155.13 any other appropriations for the legal​ 155.14 representation of children. This appropriation​ 155.15 is onetime.​ 155.16 (x) Pretrial Release Study and Report​ 155.17 $250,000 each year are for a grant to the​ 155.18 Minnesota Justice Research Center to study​ 155.19 and report on pretrial release practices in​ 155.20 Minnesota and other jurisdictions, including​ 155.21 but not limited to the use of bail as a condition​ 155.22 of pretrial release. This appropriation is​ 155.23 onetime.​ 155.24 (y) Intensive Comprehensive Peace Officer​ 155.25 Education and Training Program​ 155.26 $5,000,000 the first year is to implement the​ 155.27 intensive comprehensive peace officer​ 155.28 education and training program described in​ 155.29 Minnesota Statutes, section 626.8516. This​ 155.30 appropriation is available through June 30,​ 155.31 2027.​ 155.32 (z) Youth Services Office​ 155​ Article 9 Sec. 3.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 156.1 $250,000 each year is to operate the Youth​ 156.2 Services Office.​ 156.3 EFFECTIVE DATE. This section is effective the day following final enactment.​ 156.4 ARTICLE 10​ 156.5 PROTECTIVE ORDERS​ 156.6 Section 1. Minnesota Statutes 2022, section 518B.01, subdivision 2, is amended to read:​ 156.7 Subd. 2. Definitions. As used in this section, the following terms shall have the meanings​ 156.8 given them:​ 156.9 (a) "Domestic abuse" means the following, if committed against a family or household​ 156.10 member by a family or household member:​ 156.11 (1) physical harm, bodily injury, or assault;​ 156.12 (2) the infliction of fear of imminent physical harm, bodily injury, or assault; or​ 156.13 (3) terroristic threats, within the meaning of section 609.713, subdivision 1; criminal​ 156.14 sexual conduct, within the meaning of section 609.342, 609.343, 609.344, 609.345, or​ 156.15 609.3451; sexual extortion within the meaning of section 609.3458; or interference with an​ 156.16 emergency call within the meaning of section 609.78, subdivision 2.​ 156.17 (b) "Family or household members" means:​ 156.18 (1) spouses and former spouses;​ 156.19 (2) parents and children;​ 156.20 (3) persons related by blood;​ 156.21 (4) persons who are presently residing together or who have resided together in the past;​ 156.22 (5) persons who have a child in common regardless of whether they have been married​ 156.23 or have lived together at any time;​ 156.24 (6) a man and woman if the woman is pregnant and the man is alleged to be the father,​ 156.25 regardless of whether they have been married or have lived together at any time; and​ 156.26 (7) persons involved in a significant romantic or sexual relationship.​ 156.27 Issuance of an order for protection on the ground in clause (6) does not affect a​ 156.28 determination of paternity under sections 257.51 to 257.74. In determining whether persons​ 156.29 are or have been involved in a significant romantic or sexual relationship under clause (7),​ 156.30 the court shall consider the length of time of the relationship; type of relationship; frequency​ 156​ Article 10 Section 1.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 157.1 of interaction between the parties; and, if the relationship has terminated, length of time​ 157.2 since the termination.​ 157.3 (c) "Qualified domestic violence-related offense" has the meaning given in section​ 157.4 609.02, subdivision 16.​ 157.5 (d) "Custodian" means any person other than the petitioner or respondent who is under​ 157.6 a legal obligation to provide care and support for a minor child of a petitioner or who is in​ 157.7 fact providing care and support for a minor child of a petitioner. Custodian does not include​ 157.8 any person caring for a minor child if the petitioner's parental rights have been terminated.​ 157.9 Sec. 2. Minnesota Statutes 2022, section 518B.01, subdivision 3a, is amended to read:​ 157.10 Subd. 3a. Filing fee. The filing fees for an order for protection under this section are​ 157.11 waived for the petitioner and respondent. The court administrator, the sheriff of any county​ 157.12 in this state, and other law enforcement and corrections officers shall perform their duties​ 157.13 relating to service of process without charge to the petitioner. The court shall direct payment​ 157.14 of the reasonable costs of service of process if served by a private process server when the​ 157.15 sheriff or other law enforcement or corrections officer is unavailable or if service is made​ 157.16 by publication, without requiring the petitioner to make application under section 563.01.​ 157.17 Sec. 3. Minnesota Statutes 2022, section 518B.01, subdivision 3b, is amended to read:​ 157.18 Subd. 3b. Information on petitioner's location or residence. (a) Upon the petitioner's​ 157.19 request, information maintained by the court regarding the petitioner's location or residence​ 157.20 is not accessible to the public and may be disclosed only to court personnel or law​ 157.21 enforcement for purposes of service of process, conducting an investigation, or enforcing​ 157.22 an order.​ 157.23 (b) Upon request of the petitioner or a custodian of the petitioner's minor children,​ 157.24 information maintained by the court regarding the location or residence of the petitioner's​ 157.25 minor children is not accessible to the public and may be disclosed only to court personnel​ 157.26 or law enforcement for purposes of service of process, conducting an investigation, or​ 157.27 enforcing an order. If any custodian is a program participant as defined in section 5B.02,​ 157.28 paragraph (g), the protections, limitations, and requirements in chapter 5B apply and​ 157.29 information maintained by the court regarding the location or residence of the petitioner's​ 157.30 minor children is not accessible to the public.​ 157​ Article 10 Sec. 3.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 158.1 Sec. 4. Minnesota Statutes 2022, section 518B.01, subdivision 4, is amended to read:​ 158.2 Subd. 4. Order for protection. There shall exist an action known as a petition for an​ 158.3 order for protection in cases of domestic abuse.​ 158.4 (a) A petition for relief under this section may be made by any family or household​ 158.5 member personally or by a family or household member, a guardian as defined in section​ 158.6 524.1-201, clause (27), or, if the court finds that it is in the best interests of the minor, by​ 158.7 a reputable adult age 25 or older on behalf of minor family or household members. A minor​ 158.8 age 16 or older may make a petition on the minor's own behalf against a spouse or former​ 158.9 spouse, or a person with whom the minor has a child in common, if the court determines​ 158.10 that the minor has sufficient maturity and judgment and that it is in the best interests of the​ 158.11 minor.​ 158.12 (b) A petition for relief shall allege the existence of domestic abuse, and shall be​ 158.13 accompanied by an affidavit made under oath stating the specific facts and circumstances​ 158.14 from which relief is sought.​ 158.15 (c) A petition for relief must state whether the petitioner has ever had an order for​ 158.16 protection in effect against the respondent.​ 158.17 (d) A petition for relief must state whether there is an existing order for protection in​ 158.18 effect under this chapter governing both the parties and whether there is a pending lawsuit,​ 158.19 complaint, petition or other action between the parties under chapter 257, 518, 518A, 518B,​ 158.20 or 518C. The court administrator shall verify the terms of any existing order governing the​ 158.21 parties. The court may not delay granting relief because of the existence of a pending action​ 158.22 between the parties or the necessity of verifying the terms of an existing order. A subsequent​ 158.23 order in a separate action under this chapter may modify only the provision of an existing​ 158.24 order that grants relief authorized under subdivision 6, paragraph (a), clause (1). A petition​ 158.25 for relief may be granted, regardless of whether there is a pending action between the parties.​ 158.26 (e) A petition for relief must state whether the petitioner has any minor children and, if​ 158.27 so, must provide the name of any custodian of the minor children and must identify the​ 158.28 location or residence of the custodian. If any custodian is a program participant as defined​ 158.29 in section 5B.02, paragraph (g), the location or residence of the custodian is the address​ 158.30 designated by the secretary of state as the address of the program participant. A petition​ 158.31 must not be rejected or denied for failure to identify any custodian.​ 158.32 (e) (f) The court shall provide simplified forms and clerical assistance to help with the​ 158.33 writing and filing of a petition under this section.​ 158​ Article 10 Sec. 4.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 159.1 (f) (g) The court shall advise a petitioner under paragraph (e) (f) of the right to file a​ 159.2 motion and affidavit and to sue in forma pauperis pursuant to section 563.01 and shall assist​ 159.3 with the writing and filing of the motion and affidavit.​ 159.4 (g) (h) The court shall advise a petitioner under paragraph (e) (f) of the right to serve​ 159.5 the respondent by published notice under subdivision 5, paragraph (b), if the respondent is​ 159.6 avoiding personal service by concealment or otherwise, and shall assist with the writing​ 159.7 and filing of the affidavit.​ 159.8 (h) (i) The court shall advise the petitioner of the right to seek restitution under the​ 159.9 petition for relief.​ 159.10 (i) (j) The court shall advise the petitioner of the right to request a hearing under​ 159.11 subdivision 7, paragraph (c). If the petitioner does not request a hearing, the court shall​ 159.12 advise the petitioner that the respondent may request a hearing and that notice of the hearing​ 159.13 date and time will be provided to the petitioner and the custodian of any of the petitioner's​ 159.14 minor children by mail at least five days before the hearing.​ 159.15 (j) (k) The court shall advise the petitioner of the right to request supervised parenting​ 159.16 time, as provided in section 518.175, subdivision 1a.​ 159.17 Sec. 5. Minnesota Statutes 2022, section 518B.01, subdivision 5, is amended to read:​ 159.18 Subd. 5. Hearing on application; notice. (a) Upon receipt of the petition, the court​ 159.19 shall order a hearing which shall be held not later than 14 days from the date of the order​ 159.20 for hearing unless an ex parte order is issued.​ 159.21 (b) If an ex parte order has been issued under subdivision 7 and the petitioner seeks only​ 159.22 the relief under subdivision 7, paragraph (a), a hearing is not required unless:​ 159.23 (1) the court declines to order the requested relief; or​ 159.24 (2) one of the parties requests a hearing.​ 159.25 (c) If an ex parte order has been issued under subdivision 7 and the petitioner seeks relief​ 159.26 beyond that specified in subdivision 7, paragraph (a), or if the court declines to order relief​ 159.27 requested by the petitioner, a hearing must be held within seven days. Personal service of​ 159.28 the ex parte order may be made upon the respondent and any custodian at any time up to​ 159.29 12 hours prior to the time set for the hearing, provided that the respondent at the hearing​ 159.30 may request a continuance of up to five days if served fewer than five days prior to the​ 159.31 hearing which continuance shall be granted unless there are compelling reasons not to.​ 159​ Article 10 Sec. 5.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 160.1 (d) If an ex parte order has been issued only granting relief under subdivision 7, paragraph​ 160.2 (a), and the respondent requests a hearing, the hearing shall be held within ten days of the​ 160.3 court's receipt of the respondent's request. Service of the notice of hearing must be made​ 160.4 upon the petitioner and any custodian not less than five days prior to the hearing. The court​ 160.5 shall serve the notice of hearing upon the petitioner and any custodian by mail in the manner​ 160.6 provided in the Rules of Civil Procedure for pleadings subsequent to a complaint and motions​ 160.7 and shall also mail notice of the date and time of the hearing to the respondent. In the event​ 160.8 that service cannot be completed in time to give the respondent or, petitioner, or any custodian​ 160.9 the minimum notice required under this subdivision, the court may set a new hearing date​ 160.10 no more than five days later.​ 160.11 (e) If for good cause shown either party is unable to proceed at the initial hearing and​ 160.12 requests a continuance and the court finds that a continuance is appropriate, the hearing​ 160.13 may be continued. Unless otherwise agreed by the parties and approved by the court, the​ 160.14 continuance shall be for no more than five days. If the court grants the requested continuance,​ 160.15 the court shall also issue a written order continuing all provisions of the ex parte order​ 160.16 pending the issuance of an order after the hearing.​ 160.17 (f) Notwithstanding the preceding provisions of this subdivision, service on the respondent​ 160.18 may be made by one week published notice, as provided under section 645.11, provided​ 160.19 the petitioner files with the court an affidavit stating that an attempt at personal service​ 160.20 made by a sheriff or other law enforcement or corrections officer was unsuccessful because​ 160.21 the respondent is avoiding service by concealment or otherwise, and that a copy of the​ 160.22 petition and notice of hearing has been mailed to the respondent at the respondent's residence​ 160.23 or that the residence is not known to the petitioner. Service under this paragraph is complete​ 160.24 seven days after publication. The court shall set a new hearing date if necessary to allow​ 160.25 the respondent the five-day minimum notice required under paragraph (d).​ 160.26 Sec. 6. Minnesota Statutes 2022, section 518B.01, subdivision 6a, is amended to read:​ 160.27 Subd. 6a. Subsequent orders and extensions. (a) Upon application, notice to all parties,​ 160.28 notice to any custodian, and hearing, the court may extend the relief granted in an existing​ 160.29 order for protection or, if a petitioner's order for protection is no longer in effect when an​ 160.30 application for subsequent relief is made, grant a new order. If the petitioner seeks only the​ 160.31 relief under subdivision 7, paragraph (a), a hearing is not required unless the court declines​ 160.32 to order the requested relief or the respondent requests a hearing. If a hearing is required,​ 160.33 subdivisions 5 and 7 apply to service of the application, notice to the parties and any​ 160.34 custodian, and time for the hearing.​ 160​ Article 10 Sec. 6.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 161.1 (b) The court may extend the terms of an existing order or, if an order is no longer in​ 161.2 effect, grant a new order upon a showing that:​ 161.3 (1) the respondent has violated a prior or existing order for protection;​ 161.4 (2) the petitioner is reasonably in fear of physical harm from the respondent;​ 161.5 (3) the respondent has engaged in the act of harassment within the meaning of section​ 161.6 609.749, subdivision 2; or​ 161.7 (4) the respondent is incarcerated and about to be released, or has recently been released​ 161.8 from incarceration.​ 161.9 A petitioner does not need to show that physical harm is imminent to obtain an extension​ 161.10 or a subsequent order under this subdivision.​ 161.11 (c) Relief granted by the order for protection may be for a period of up to 50 years, if​ 161.12 the court finds:​ 161.13 (1) the respondent has violated a prior or existing order for protection on two or more​ 161.14 occasions; or​ 161.15 (2) the petitioner has had two or more orders for protection in effect against the same​ 161.16 respondent.​ 161.17 An order issued under this paragraph may restrain the abusing party from committing​ 161.18 acts of domestic abuse; or prohibit the abusing party from having any contact with the​ 161.19 petitioner, whether in person, by telephone, mail or electronic mail or messaging, through​ 161.20 electronic devices, through a third party, or by any other means.​ 161.21 Sec. 7. Minnesota Statutes 2022, section 518B.01, subdivision 7, is amended to read:​ 161.22 Subd. 7. Ex parte order. (a) Where an application under this section alleges an immediate​ 161.23 and present danger of domestic abuse, the court may grant an ex parte order for protection​ 161.24 and granting relief as the court deems proper, including an order:​ 161.25 (1) restraining the abusing party from committing acts of domestic abuse;​ 161.26 (2) excluding any party from the dwelling they share or from the residence of the other,​ 161.27 including a reasonable area surrounding the dwelling or residence, which area shall be​ 161.28 described specifically in the order, except by further order of the court;​ 161.29 (3) excluding the abusing party from the place of employment of the petitioner or​ 161.30 otherwise limiting access to the petitioner by the abusing party at the petitioner's place of​ 161.31 employment;​ 161​ Article 10 Sec. 7.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 162.1 (4) ordering the abusing party to have no contact with the petitioner whether in person,​ 162.2 by telephone, mail, email, through electronic devices, or through a third party;​ 162.3 (5) continuing all currently available insurance coverage without change in coverage or​ 162.4 beneficiary designation;​ 162.5 (6) directing the care, possession, or control of a pet or companion animal owned,​ 162.6 possessed, or kept by a party or a child of a party; and​ 162.7 (7) directing the respondent to refrain from physically abusing or injuring any pet or​ 162.8 companion animal, without legal justification, known to be owned, possessed, kept, or held​ 162.9 by either party or a minor child residing in the residence or household of either party as an​ 162.10 indirect means of intentionally threatening the safety of such person.​ 162.11 (b) A finding by the court that there is a basis for issuing an ex parte order for protection​ 162.12 constitutes a finding that sufficient reasons exist not to require notice under applicable court​ 162.13 rules governing applications for ex parte relief.​ 162.14 (c) Subject to paragraph (d), an ex parte order for protection shall be effective for a fixed​ 162.15 period set by the court, as provided in subdivision 6, paragraph (b), or until modified or​ 162.16 vacated by the court pursuant to a hearing. When signed by a referee, the ex parte order​ 162.17 becomes effective upon the referee's signature. Upon request, a hearing, as provided by this​ 162.18 section, shall be set. Except as provided in paragraph (d), the respondent shall be personally​ 162.19 served forthwith a copy of the ex parte order along with a copy of the petition and, if​ 162.20 requested by the petitioner, notice of the date set for the hearing. Any custodian must be​ 162.21 served with a copy of the ex parte order. Service on a custodian may be made by personal​ 162.22 service or by certified mail. If the petitioner does not request a hearing, an order served on​ 162.23 a respondent under this subdivision must include a notice advising the respondent of the​ 162.24 right to request a hearing, must be accompanied by a form that can be used by the respondent​ 162.25 to request a hearing and must include a conspicuous notice that a hearing will not be held​ 162.26 unless requested by the respondent within five days of service of the order.​ 162.27 (d) Service of the ex parte order on the respondent may be made by published notice,​ 162.28 as provided under subdivision 5, provided that the petitioner files the affidavit required​ 162.29 under that subdivision. If personal service is not made or the affidavit is not filed within 14​ 162.30 days of issuance of the ex parte order, the order expires. If the petitioner does not request​ 162.31 a hearing, the petition mailed to the respondent's residence, if known, must be accompanied​ 162.32 by the form for requesting a hearing and notice described in paragraph (c). Unless personal​ 162.33 service is completed, if service by published notice is not completed within 28 days of​ 162​ Article 10 Sec. 7.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 163.1 issuance of the ex parte order, the order expires. Notice that an order has expired under this​ 163.2 paragraph must be sent to any custodian.​ 163.3 (e) If the petitioner seeks relief under subdivision 6 other than the relief described in​ 163.4 paragraph (a), the petitioner must request a hearing to obtain the additional relief.​ 163.5 (f) Nothing in this subdivision affects the right of a party to seek modification of an​ 163.6 order under subdivision 11.​ 163.7 Sec. 8. Minnesota Statutes 2022, section 518B.01, subdivision 8, is amended to read:​ 163.8 Subd. 8. Service; alternate service; publication; notice. (a) The petition and any order​ 163.9 issued under this section other than orders for dismissal shall be served on the respondent​ 163.10 personally, or if the respondent appears remotely for a hearing and is notified at the hearing​ 163.11 by the judicial officer that an order for protection will be issued, the order may be served​ 163.12 on the respondent electronically or by first class mail, as ordered by the court. Orders for​ 163.13 dismissal may be served on the respondent personally or by certified mail. In lieu of personal​ 163.14 service of an order for protection, a law enforcement officer may serve a person respondent​ 163.15 with a short-form notification as provided in subdivision 8a. The petition and any order​ 163.16 issued under this section may be served on any custodian personally or by certified mail.​ 163.17 (b) When service is made out of this state and in the United States, it may be proved by​ 163.18 the affidavit of the person making the service. When service is made outside the United​ 163.19 States, it may be proved by the affidavit of the person making the service, taken before and​ 163.20 certified by any United States minister, charge d'affaires, commissioner, consul, or​ 163.21 commercial agent, or other consular or diplomatic officer of the United States appointed to​ 163.22 reside in the other country, including all deputies or other representatives of the officer​ 163.23 authorized to perform their duties; or before an office authorized to administer an oath with​ 163.24 the certificate of an officer of a court of record of the country in which the affidavit is taken​ 163.25 as to the identity and authority of the officer taking the affidavit.​ 163.26 (c) If personal service cannot be made on a respondent, the court may order service of​ 163.27 the petition and any order issued under this section by alternate means, or by publication,​ 163.28 which publication must be made as in other actions. The application for alternate service​ 163.29 must include the last known location of the respondent; the petitioner's most recent contacts​ 163.30 with the respondent; the last known location of the respondent's employment; the names​ 163.31 and locations of the respondent's parents, siblings, children, and other close relatives; the​ 163.32 names and locations of other persons who are likely to know the respondent's whereabouts;​ 163.33 and a description of efforts to locate those persons.​ 163​ Article 10 Sec. 8.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 164.1 The court shall consider the length of time the respondent's location has been unknown,​ 164.2 the likelihood that the respondent's location will become known, the nature of the relief​ 164.3 sought, and the nature of efforts made to locate the respondent. The court shall order service​ 164.4 by first class mail, forwarding address requested, to any addresses where there is a reasonable​ 164.5 possibility that mail or information will be forwarded or communicated to the respondent.​ 164.6 The court may also order publication, within or without the state, but only if it might​ 164.7 reasonably succeed in notifying the respondent of the proceeding. Service shall be deemed​ 164.8 complete 14 days after mailing or 14 days after court-ordered publication.​ 164.9 (d) A petition and any order issued under this section, including the short-form​ 164.10 notification, must include a notice to the respondent that if an order for protection is issued​ 164.11 to protect the petitioner or a child of the parties, upon request of the petitioner in any​ 164.12 parenting time proceeding, the court shall consider the order for protection in making a​ 164.13 decision regarding parenting time.​ 164.14 Sec. 9. Minnesota Statutes 2022, section 518B.01, subdivision 8a, is amended to read:​ 164.15 Subd. 8a. Short-form notification. (a) In lieu of personal service of an order for​ 164.16 protection under subdivision 8, a law enforcement officer may serve a person respondent​ 164.17 with a short-form notification. The short-form notification must include the following​ 164.18 clauses: the respondent's name; the respondent's date of birth, if known; the petitioner's​ 164.19 name; the names of other protected parties; the date and county in which the ex parte order​ 164.20 for protection or order for protection was filed; the court file number; the hearing date and​ 164.21 time, if known; the conditions that apply to the respondent, either in checklist form or​ 164.22 handwritten; and the name of the judge who signed the order.​ 164.23 The short-form notification must be in bold print in the following form:​ 164.24 The order for protection is now enforceable. You must report to your nearest sheriff​ 164.25 office or county court to obtain a copy of the order for protection. You are subject to arrest​ 164.26 and may be charged with a misdemeanor, gross misdemeanor, or felony if you violate any​ 164.27 of the terms of the order for protection or this short-form notification.​ 164.28 (b) Upon verification of the identity of the respondent and the existence of an unserved​ 164.29 order for protection against the respondent, a law enforcement officer may detain the​ 164.30 respondent for a reasonable time necessary to complete and serve the short-form notification.​ 164.31 (c) When service is made by short-form notification, it may be proved by the affidavit​ 164.32 of the law enforcement officer making the service.​ 164​ Article 10 Sec. 9.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 165.1 (d) For service under this section only, service upon an individual may occur at any​ 165.2 time, including Sundays, and legal holidays.​ 165.3 (e) The superintendent of the Bureau of Criminal Apprehension shall provide the short​ 165.4 form to law enforcement agencies.​ 165.5 (f) This section does not apply to service of an order for protection on any custodian.​ 165.6 Sec. 10. Minnesota Statutes 2022, section 518B.01, subdivision 9, is amended to read:​ 165.7 Subd. 9. Assistance of sheriff in service or execution; possession of dwelling or​ 165.8 residence. When an order is issued under this section upon request of the petitioner, the​ 165.9 court shall order the sheriff to accompany the petitioner and assist in placing the petitioner​ 165.10 in possession of the dwelling or residence, or otherwise assist in execution or service of the​ 165.11 order of protection. If the application for relief is brought in a county in which the respondent​ 165.12 is not present, the sheriff shall forward the pleadings necessary for service upon the​ 165.13 respondent to the sheriff of the county in which the respondent is present. This transmittal​ 165.14 must be expedited to allow for timely service.​ 165.15 Sec. 11. Minnesota Statutes 2022, section 518B.01, subdivision 9a, is amended to read:​ 165.16 Subd. 9a. Personal service by others; procedures; cost; reasonable efforts and​ 165.17 cooperation required. (a) Where personal service is required under this section, service​ 165.18 must comply with subdivision 8 and rule 4.03 of the Rules of Civil Procedure.​ 165.19 (b) Upon request of the petitioner or order of the court, the sheriff of any county in this​ 165.20 state in which a respondent resides or is present must execute or serve any petition, ex parte​ 165.21 order, notice of hearing, order for protection, and any other order of a court on the respondent.​ 165.22 If the application for relief is brought in a county in which the respondent is not present,​ 165.23 the sheriff of the county where the application for relief was brought shall forward the​ 165.24 pleadings necessary for service upon the respondent to the sheriff of the county in which​ 165.25 the respondent is present. This transmittal must be expedited to allow for timely service.​ 165.26 (c) Peace officers licensed by the state of Minnesota and corrections officers, including,​ 165.27 but not limited to, probation officers, court services officers, parole officers, and employees​ 165.28 of jails or correctional facilities, may serve an order for protection on a respondent or any​ 165.29 custodian and must, to the extent possible, provide any sheriff, law enforcement officer, or​ 165.30 other peace officer attempting to effectuate service with relevant information regarding​ 165.31 where a respondent may be found, such as the respondent's residence, the respondent's place​ 165.32 of employment or schooling, or other locations frequented by the respondent.​ 165​ Article 10 Sec. 11.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 166.1 (d) The court administrator, the sheriff of any county in this state, and any other law​ 166.2 enforcement officer, peace officer, or corrections officer shall perform the duties relating​ 166.3 to service of process without charge to the petitioner. The court shall direct payment of the​ 166.4 reasonable costs of service of process if served by a private process server when the sheriff​ 166.5 or other law enforcement officer, peace officer, or corrections officer is unavailable or if​ 166.6 service is made by publication, without requiring the petitioner to make application under​ 166.7 section 563.01.​ 166.8 (e) A sheriff, law enforcement officer, or any other peace officer must make reasonable​ 166.9 efforts to locate a respondent to effectuate service. Reasonable efforts may include:​ 166.10 (1) a search of any information that is publicly available;​ 166.11 (2) a search of any government data in a database to which the sheriff, law enforcement​ 166.12 officer, or other peace officer has access, provided the data is classified as public data on​ 166.13 individuals as defined in section 13.02, subdivision 15, or is otherwise available to criminal​ 166.14 justice agencies, as defined in section 13.02, subdivision 3a; and​ 166.15 (3) communication with any court administrator, the sheriff of any county in this state,​ 166.16 and any other law enforcement officer, peace officer, or corrections officer.​ 166.17 (f) A sheriff, law enforcement officer, or any other peace officer who serves a respondent​ 166.18 who the sheriff or officer knows is on supervised probation or supervised release with an​ 166.19 ex parte order, order for protection, or short-form notification must provide a copy of the​ 166.20 served order or notification to the respondent's probation officer, supervised release or​ 166.21 conditional release agent, or parole officer.​ 166.22 Sec. 12. Minnesota Statutes 2022, section 518B.01, subdivision 11, is amended to read:​ 166.23 Subd. 11. Modifying or vacating order. (a) Upon application, notice to all parties,​ 166.24 notice to any custodian, and hearing, the court may modify the terms of an existing order​ 166.25 for protection.​ 166.26 (b) If the court orders relief under subdivision 6a, paragraph (c), the respondent named​ 166.27 in the order for protection may request to have the order vacated or modified if the order​ 166.28 has been in effect for at least five years and the respondent has not violated the order during​ 166.29 that time. Application for relief under this subdivision must be made in the county in which​ 166.30 the order for protection was issued. Upon receipt of the request, the court shall set a hearing​ 166.31 date. Personal service must be made upon the petitioner named in the order for protection​ 166.32 not less than 30 days before the date of the hearing. Notice of the request and hearing may​ 166.33 be made on any custodian personally or by certified mail. At the hearing, the respondent​ 166​ Article 10 Sec. 12.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 167.1 named in the order for protection has the burden of proving by a preponderance of the​ 167.2 evidence that there has been a material change in circumstances and that the reasons upon​ 167.3 which the court relied in granting or extending the order for protection no longer apply and​ 167.4 are unlikely to occur. If the court finds that the respondent named in the order for protection​ 167.5 has met the burden of proof, the court may vacate or modify the order. If the court finds​ 167.6 that the respondent named in the order for protection has not met the burden of proof, the​ 167.7 court shall deny the request and no request may be made to vacate or modify the order for​ 167.8 protection until five years have elapsed from the date of denial. An order vacated or modified​ 167.9 under this paragraph must be personally served on the petitioner named in the order for​ 167.10 protection and may be served on any custodian personally or by certified mail.​ 167.11 Sec. 13. Minnesota Statutes 2022, section 518B.01, is amended by adding a subdivision​ 167.12 to read:​ 167.13 Subd. 11a. Notice to custodian; Safe at Home participants; failure not a bar to​ 167.14 enforcement. (a) A custodian who is a program participant as defined in section 5B.02,​ 167.15 paragraph (g), may direct the court to use the address designated by the secretary of state​ 167.16 as the address of the program participant. Section 5B.03, subdivision 1, clause (3), applies​ 167.17 to service of any notice, order, or other document required to be served under this section.​ 167.18 The protections, limitations, and requirements in chapter 5B apply to any information​ 167.19 regarding a custodian who is a program participant.​ 167.20 (b) Failure to serve a custodian with a petition, order for protection, dismissal, or any​ 167.21 other order must not prevent any order from taking effect or otherwise invalidate any order​ 167.22 issued pursuant to this section. In the event that service of a notice of a hearing is not​ 167.23 completed on any custodian at least 24 hours prior to the time set for the hearing, the court​ 167.24 may set a new hearing date no more than five days later.​ 167.25 Sec. 14. Minnesota Statutes 2022, section 609.748, subdivision 3a, is amended to read:​ 167.26 Subd. 3a. Filing fee; cost of service. The filing fees for a restraining order under this​ 167.27 section are waived for the petitioner and the respondent if the petition alleges acts that would​ 167.28 constitute a violation of section 609.749, subdivision 2, 3, 4, or 5, or sections 609.342 to​ 167.29 609.3451. The court administrator and any peace officer in this state shall perform their​ 167.30 duties relating to service of process without charge to the petitioner. The court shall direct​ 167.31 payment of the reasonable costs of service of process if served by a private process server​ 167.32 when a peace officer is unavailable or if service is made by publication.​ 167​ Article 10 Sec. 14.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 168.1 Sec. 15. Minnesota Statutes 2022, section 609.748, subdivision 5, is amended to read:​ 168.2 Subd. 5. Restraining order. (a) The court may issue a restraining order that provides​ 168.3 any or all of the following:​ 168.4 (1) orders the respondent to cease or avoid the harassment of another person; or​ 168.5 (2) orders the respondent to have no contact with another person.​ 168.6 (b) The court may issue an order under paragraph (a) if all of the following occur:​ 168.7 (1) the petitioner has filed a petition under subdivision 3;​ 168.8 (2) a peace officer has served respondent with a copy of the temporary restraining order​ 168.9 obtained under subdivision 4, and with notice of the right to request a hearing, or service​ 168.10 has been made by publication under subdivision 3, paragraph (b); and​ 168.11 (3) the court finds at the hearing that there are reasonable grounds to believe that the​ 168.12 respondent has engaged in harassment.​ 168.13 A restraining order may be issued only against the respondent named in the petition; except​ 168.14 that if the respondent is an organization, the order may be issued against and apply to all of​ 168.15 the members of the organization. If the court finds that the petitioner has had two or more​ 168.16 previous restraining orders in effect against the same respondent or the respondent has​ 168.17 violated a prior or existing restraining order on two or more occasions, relief granted by the​ 168.18 restraining order may be for a period of up to 50 years. In all other cases, relief granted by​ 168.19 the restraining order must be for a fixed period of not more than two years. When a referee​ 168.20 presides at the hearing on the petition, the restraining order becomes effective upon the​ 168.21 referee's signature.​ 168.22 (c) An order issued under this subdivision must be personally served upon the respondent,​ 168.23 or if the respondent appears remotely for a hearing and is notified at the hearing by the​ 168.24 judicial officer that a restraining order will be issued, the order may be served on the​ 168.25 respondent electronically or by first class mail, as ordered by the court.​ 168.26 (d) If the court orders relief for a period of up to 50 years under paragraph (a), the​ 168.27 respondent named in the restraining order may request to have the restraining order vacated​ 168.28 or modified if the order has been in effect for at least five years and the respondent has not​ 168.29 violated the order. Application for relief under this paragraph must be made in the county​ 168.30 in which the restraining order was issued. Upon receipt of the request, the court shall set a​ 168.31 hearing date. Personal service must be made upon the petitioner named in the restraining​ 168.32 order not less than 30 days before the date of the hearing. At the hearing, the respondent​ 168.33 named in the restraining order has the burden of proving by a preponderance of the evidence​ 168​ Article 10 Sec. 15.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 169.1 that there has been a material change in circumstances and that the reasons upon which the​ 169.2 court relied in granting the restraining order no longer apply and are unlikely to occur. If​ 169.3 the court finds that the respondent named in the restraining order has met the burden of​ 169.4 proof, the court may vacate or modify the order. If the court finds that the respondent named​ 169.5 in the restraining order has not met the burden of proof, the court shall deny the request and​ 169.6 no request may be made to vacate or modify the restraining order until five years have​ 169.7 elapsed from the date of denial. An order vacated or modified under this paragraph must​ 169.8 be personally served on the petitioner named in the restraining order.​ 169.9 Sec. 16. Minnesota Statutes 2022, section 609.748, subdivision 5b, is amended to read:​ 169.10 Subd. 5b. Personal service by others; procedures; cost; reasonable efforts and​ 169.11 cooperation required. (a) Where personal service is required under this section, service​ 169.12 must comply with rule 4.03 of the Rules of Civil Procedure.​ 169.13 (b) In addition to peace officers, corrections officers, including but not limited to​ 169.14 probation officers, court services officers, parole officers, and employees of jails or​ 169.15 correctional facilities, may serve a temporary restraining order or restraining order and must,​ 169.16 to the extent possible, provide any sheriff, law enforcement officer, or other peace officer​ 169.17 attempting to effectuate service with relevant information regarding where a respondent​ 169.18 may be found, such as the respondent's residence, the respondent's place of employment or​ 169.19 schooling, or other locations frequented by the respondent.​ 169.20 (c) The court administrator and any peace officer in this state shall perform their duties​ 169.21 relating to service of process without charge to the petitioner. The court shall direct payment​ 169.22 of the reasonable costs of service of process if served by a private process server when a​ 169.23 peace officer is unavailable or if service is made by publication.​ 169.24 (d) A sheriff, law enforcement officer, or any other peace officer must make reasonable​ 169.25 efforts to locate a respondent to effectuate service. Reasonable efforts may include:​ 169.26 (1) a search of any information that is publicly available;​ 169.27 (2) a search of any government data in a database to which the sheriff, law enforcement​ 169.28 officer, or other peace officer has access, provided the data is classified as public data on​ 169.29 individuals as defined in section 13.02, subdivision 15, or is otherwise available to criminal​ 169.30 justice agencies, as defined in section 13.02, subdivision 3a; and​ 169.31 (3) communication with any court administrator, the sheriff of any county in this state,​ 169.32 and any other law enforcement officer, peace officer, or corrections officer.​ 169​ Article 10 Sec. 16.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 170.1 (e) A sheriff, law enforcement officer, or any other peace officer who serves a respondent​ 170.2 who the sheriff or officer knows is on supervised probation or supervised release with a​ 170.3 temporary restraining order, restraining order, or short-form notification must provide a​ 170.4 copy of the served order or notification to the respondent's probation officer, supervised​ 170.5 release or conditional release agent, or parole officer.​ 170.6 Sec. 17. Minnesota Statutes 2022, section 609.748, is amended by adding a subdivision​ 170.7 to read:​ 170.8 Subd. 5c. Dismissals. Orders for dismissal of a temporary restraining order or a​ 170.9 restraining order may be served personally or by certified mail.​ 170.10 ARTICLE 11​ 170.11 STATE BOARD OF CIVIL LEGAL AID​ 170.12 Section 1. Minnesota Statutes 2022, section 480.24, subdivision 2, is amended to read:​ 170.13 Subd. 2. Eligible client. "Eligible client" means an individual that is financially unable​ 170.14 to afford legal assistance, as determined by a recipient on the basis of eligibility guidelines​ 170.15 established by the supreme court State Board of Civil Legal Aid pursuant to section 480.243,​ 170.16 subdivision 1.​ 170.17 Sec. 2. Minnesota Statutes 2022, section 480.24, subdivision 4, is amended to read:​ 170.18 Subd. 4. Recipient. "Recipient" means a qualified legal services program that receives​ 170.19 funds from the supreme court pursuant to section 480.242 to provide legal services to eligible​ 170.20 clients.​ 170.21 Sec. 3. [480.2415] STATE BOARD OF CIVIL LEGAL AID.​ 170.22 Subdivision 1. Structure; membership. (a) The State Board of Civil Legal Aid is a​ 170.23 part of but is not subject to the administrative control of the judicial branch of government.​ 170.24 (b) The board shall consist of 11 members as follows:​ 170.25 (1) six members appointed by the supreme court; and​ 170.26 (2) five members appointed by the governor.​ 170.27 (c) All candidates shall have demonstrated a commitment in maintaining high-quality​ 170.28 civil legal services to people of low or moderate means. The appointing entities shall seek​ 170.29 board members who reflect the diverse populations served by civil legal aid through attorney​ 170.30 and nonattorney members.​ 170​ Article 11 Sec. 3.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 171.1 (d) The appointing entities may not appoint an active judge to be a member of the board,​ 171.2 but may appoint a retired judge. The appointing entities may not appoint a person who is​ 171.3 closely affiliated with any entity awarded funding pursuant to section 480.242 or any entity​ 171.4 seeking funding pursuant to section 480.242. The board may set term limits for board​ 171.5 members. An appointing authority may not make an appointment that exceeds the term​ 171.6 limits established by the board.​ 171.7 (e) The terms, compensation, and removal of board members shall be as provided in​ 171.8 section 15.0575, except that the board may establish a per diem in excess of the amount​ 171.9 provided in law. The members shall elect the chair from among the membership for a term​ 171.10 of two years.​ 171.11 Subd. 2. Duties and responsibilities. (a) The State Board of Civil Legal Aid shall work​ 171.12 to ensure access to high-quality civil legal services in every Minnesota county.​ 171.13 (b) The board shall:​ 171.14 (1) approve and recommend to the legislature a budget for the board and the civil legal​ 171.15 services grants distributed subject to section 480.242;​ 171.16 (2) establish procedures for distribution of funding under section 480.242; and​ 171.17 (3) establish civil program standards, administrative policies, or procedures necessary​ 171.18 to ensure quality advocacy for persons unable to afford private counsel.​ 171.19 (c) The board may propose statutory changes to the legislature and rule changes to the​ 171.20 supreme court that are in the best interests of persons unable to afford private counsel.​ 171.21 (d) The board shall not interfere with the discretion or judgment of civil legal services​ 171.22 programs in their advocacy.​ 171.23 Subd. 3. State civil legal aid program administrator. The State Board of Civil Legal​ 171.24 Aid shall appoint a program administrator who serves at the pleasure of the board. The​ 171.25 program administrator is not required to be licensed to practice law. The program​ 171.26 administrator shall attend all meetings of the board, but may not vote, and shall:​ 171.27 (1) carry out all administrative functions necessary for the efficient and effective operation​ 171.28 of the board and the civil legal aid delivery system, including but not limited to hiring,​ 171.29 supervising, and disciplining program staff;​ 171.30 (2) implement, as necessary, resolutions, standards, rules, regulations, and policies of​ 171.31 the board;​ 171​ Article 11 Sec. 3.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 172.1 (3) keep the board fully advised as to its financial condition, and prepare and submit to​ 172.2 the board the annual program and State Board of Civil Legal Aid budget and other financial​ 172.3 information as requested by the board;​ 172.4 (4) recommend to the board the adoption of rules and regulations necessary for the​ 172.5 efficient operation of the board and the civil legal aid program; and​ 172.6 (5) perform other duties prescribed by the board.​ 172.7 Subd. 4. Administration. The board may contract for administrative support services.​ 172.8 Subd. 5. Access to records. Access to records of the State Board of Civil Legal Aid is​ 172.9 subject to the Rules of Public Access for Records of the Judicial Branch, excluding the​ 172.10 appeals process in rule 9. Pursuant to section 13.90, the board is not subject to chapter 13.​ 172.11 Sec. 4. Minnesota Statutes 2022, section 480.242, subdivision 2, is amended to read:​ 172.12 Subd. 2. Review of applications; selection of recipients. At times and in accordance​ 172.13 with any procedures as the supreme court adopts in the form of court rules adopted by the​ 172.14 State Board of Civil Legal Aid, applications for the expenditure of civil legal services funds​ 172.15 shall be accepted from qualified legal services programs or from local government agencies​ 172.16 and nonprofit organizations seeking to establish qualified alternative dispute resolution​ 172.17 programs. The applications shall be reviewed by the advisory committee, and the advisory​ 172.18 committee, subject to review by the supreme court State Board of Civil Legal Aid, which​ 172.19 shall distribute the funds available for this expenditure to qualified legal services programs​ 172.20 or to qualified alternative dispute resolution programs submitting applications. The funds​ 172.21 shall be distributed in accordance with the following formula:​ 172.22 (a) Eighty-five percent of the funds distributed shall be distributed to qualified legal​ 172.23 services programs that have demonstrated an ability as of July 1, 1982, to provide legal​ 172.24 services to persons unable to afford private counsel with funds provided by the federal Legal​ 172.25 Services Corporation. The allocation of funds among the programs selected shall be based​ 172.26 upon the number of persons with incomes below the poverty level established by the United​ 172.27 States Census Bureau who reside in the geographical area served by each program, as​ 172.28 determined by the supreme court State Board of Civil Legal Aid on the basis of the most​ 172.29 recent national census. All funds distributed pursuant to this clause shall be used for the​ 172.30 provision of legal services in civil and farm legal assistance matters as prioritized by program​ 172.31 boards of directors to eligible clients.​ 172.32 (b) Fifteen percent of the funds distributed may be distributed (1) to other qualified legal​ 172.33 services programs for the provision of legal services in civil matters to eligible clients,​ 172​ Article 11 Sec. 4.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 173.1 including programs which organize members of the private bar to perform services and​ 173.2 programs for qualified alternative dispute resolution, (2) to programs for training mediators​ 173.3 operated by nonprofit alternative dispute resolution corporations, or (3) to qualified legal​ 173.4 services programs to provide family farm legal assistance for financially distressed state​ 173.5 farmers. The family farm legal assistance must be directed at farm financial problems​ 173.6 including, but not limited to, liquidation of farm property including bankruptcy, farm​ 173.7 foreclosure, repossession of farm assets, restructuring or discharge of farm debt, farm credit​ 173.8 and general debtor-creditor relations, and tax considerations. If all the funds to be distributed​ 173.9 pursuant to this clause cannot be distributed because of insufficient acceptable applications,​ 173.10 the remaining funds shall be distributed pursuant to clause (a).​ 173.11 A person is eligible for legal assistance under this section if the person is an eligible​ 173.12 client as defined in section 480.24, subdivision 2, or:​ 173.13 (1) is a state resident;​ 173.14 (2) is or has been a farmer or a family shareholder of a family farm corporation within​ 173.15 the preceding 24 months;​ 173.16 (3) has a debt-to-asset ratio greater than 50 percent; and​ 173.17 (4) satisfies the income eligibility guidelines established under section 480.243,​ 173.18 subdivision 1.​ 173.19 Qualifying farmers and small business operators whose bank loans are held by the Federal​ 173.20 Deposit Insurance Corporation are eligible for legal assistance under this section.​ 173.21 Sec. 5. Minnesota Statutes 2022, section 480.242, subdivision 3, is amended to read:​ 173.22 Subd. 3. Timing of distribution of funds. The funds to be distributed to recipients​ 173.23 selected in accordance with the provisions of subdivision 2 shall be distributed by the​ 173.24 supreme court State Board of Civil Legal Aid no less than twice per calendar year.​ 173.25 Sec. 6. Minnesota Statutes 2022, section 480.243, subdivision 1, is amended to read:​ 173.26 Subdivision 1. Committee eligibility guidelines. The supreme court, with the advice​ 173.27 of the advisory committee, State Board of Civil Legal Aid shall establish guidelines in the​ 173.28 form of court rules to be used by recipients to determine the eligibility of individuals and​ 173.29 organizations for legal services provided with funds received pursuant to section 480.242.​ 173.30 The guidelines shall be designed solely to assist recipients in determining whether an​ 173.31 individual or organization is able to afford or secure legal assistance from private counsel​ 173.32 with respect to the particular matter for which assistance is requested.​ 173​ Article 11 Sec. 6.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 174.1 Sec. 7. STATE BOARD OF CIVIL LEGAL AID; STAFF.​ 174.2 Staff currently employed to support the advisory committee created pursuant to Minnesota​ 174.3 Statutes, section 480.242, shall transfer to the State Board of Civil Legal Aid upon the​ 174.4 effective date consistent with Minnesota Statutes, section 15.039, subdivision 7.​ 174.5 Sec. 8. REPEALER.​ 174.6 Minnesota Statutes 2022, section 480.242, subdivision 1, is repealed.​ 174.7 Sec. 9. EFFECTIVE DATE.​ 174.8 Sections 1 to 8 are effective on July 1, 2025.​ 174.9 ARTICLE 12​ 174.10 JUDICIAL DATA PRIVACY​ 174.11 Section 1. [13.991] JUDICIAL OFFICIAL DATA; PERSONAL INFORMATION.​ 174.12 (a) Subject to paragraph (b), the personal information of all judicial officials collected,​ 174.13 created, or maintained by a government entity is private data on individuals. For purposes​ 174.14 of this section, the terms "personal information" and "judicial official" have the meanings​ 174.15 given in section 480.40, subdivision 1.​ 174.16 (b) If the responsible authority or government entity violates this chapter, the remedies​ 174.17 and penalties under this chapter are available only if the judicial official making a claim​ 174.18 previously provided written notification to the responsible authority confirming on a form​ 174.19 provided by the Minnesota judicial branch that they are entitled to protection under section​ 174.20 480.40. If the subject of the data is an adult child of a judicial official who does not reside​ 174.21 with the judicial official, the remedies and penalties under this chapter are available only​ 174.22 if the adult child previously provided written notification to the responsible authority​ 174.23 confirming their status as the child of a judicial official. In the case of county records, the​ 174.24 form shall be filed with the responsible authority that maintains the personal information​ 174.25 for which the judicial officer is seeking protection. A form submitted under this section is​ 174.26 private data on individuals. A notice filed under this paragraph expires five years following​ 174.27 the date of filing, unless it is renewed prior to the expiration date.​ 174.28 (c) This section shall not apply to personal information contained in:​ 174.29 (1) real property records as defined in section 13.045, subdivision 1, clause (5);​ 174​ Article 12 Section 1.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 175.1 (2) Uniform Commercial Code filings and tax liens maintained by the secretary of state;​ 175.2 and​ 175.3 (3) any other records maintained by a government entity evidencing title to, or any lien,​ 175.4 judgment, or other encumbrance on, real or personal property.​ 175.5 EFFECTIVE DATE. This section is effective August 1, 2024.​ 175.6 Sec. 2. [480.40] PERSONAL INFORMATION; DISSEMINATION.​ 175.7 Subdivision 1. Definitions. (a) For purposes of this section and section 480.45, the​ 175.8 following terms have the meanings given.​ 175.9 (b) "Judicial official" means:​ 175.10 (1) every Minnesota district court judge, senior judge, retired judge, and every judge of​ 175.11 the Minnesota Court of Appeals and every active, senior, recalled, or retired federal judge​ 175.12 who resides in Minnesota;​ 175.13 (2) a justice of the Minnesota Supreme Court;​ 175.14 (3) employees of the Minnesota judicial branch;​ 175.15 (4) judicial referees and magistrate judges; and​ 175.16 (5) current and retired judges and current employees of the Office of Administrative​ 175.17 Hearings, Workers' Compensation Court of Appeals, and Tax Court.​ 175.18 (c) "Personal information" does not include publicly available information. Personal​ 175.19 information means:​ 175.20 (1) a residential address of a judicial official;​ 175.21 (2) a residential address of the spouse, domestic partner, or children of a judicial official;​ 175.22 (3) a nonjudicial branch issued telephone number or email address of a judicial official;​ 175.23 (4) the name of any child of a judicial official; and​ 175.24 (5) the name of any child care facility or school that is attended by a child of a judicial​ 175.25 official if combined with an assertion that the named facility or school is attended by the​ 175.26 child of a judicial official.​ 175.27 (d) "Publicly available information" means information that is lawfully made available​ 175.28 through federal, state, or local government records or information that a business has a​ 175.29 reasonable basis to believe is lawfully made available to the general public through widely​ 175.30 distributed media, by a judicial official, or by a person to whom the judicial official has​ 175​ Article 12 Sec. 2.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 176.1 disclosed the information, unless the judicial official has restricted the information to a​ 176.2 specific audience.​ 176.3 (e) "Law enforcement support organizations" do not include charitable organizations.​ 176.4 Subd. 2. Dissemination of personal information. Subject to the exceptions in​ 176.5 subdivision 3 and the requirements of section 480.45, no person, business, association, or​ 176.6 government entity shall knowingly publicly post, display, publish, sell, or otherwise make​ 176.7 available on the Internet the personal information of any judicial official. Personal​ 176.8 information shall be kept in a secure manner to prevent unauthorized access. Personal​ 176.9 information may be disseminated pursuant to a specific authorization in law, rule, or with​ 176.10 the written consent of the judicial official.​ 176.11 Subd. 3. Exceptions. Subdivision 2 does not apply to:​ 176.12 (1) the dissemination of personal information if the information is relevant to and​ 176.13 displayed as part of a news story, commentary, editorial, or other speech on a matter of​ 176.14 public concern;​ 176.15 (2) personal information that the judicial official voluntarily disseminates publicly after​ 176.16 the date of enactment of this section;​ 176.17 (3) the dissemination of personal information made at the request of the judicial official​ 176.18 or which is necessary to effectuate the request of a judicial official;​ 176.19 (4) a commercial entity using personal information internally, providing access to​ 176.20 businesses under common ownership or affiliated by corporate control, or selling or providing​ 176.21 data for a transaction or service requested by or concerning the individual whose personal​ 176.22 information is being transferred;​ 176.23 (5) a commercial entity providing publicly available information through real-time or​ 176.24 near real-time alert services for health or safety purposes;​ 176.25 (6) a commercial entity engaged in the collection, maintenance, disclosure, sale,​ 176.26 communication, or use of any personal information bearing on a consumer's credit worthiness,​ 176.27 credit standing, credit capacity, character, general reputation, personal characteristics, or​ 176.28 mode of living by a consumer reporting agency, furnisher, or user that provides information​ 176.29 for use in a consumer report, and by a user of a consumer report, but only to the extent that​ 176.30 such activity is regulated by and authorized under the federal Fair Credit Reporting Act,​ 176.31 United States Code, title 15, section 1681, et seq.;​ 176.32 (7) a consumer reporting agency subject to the federal Fair Credit Reporting Act, United​ 176.33 States Code, title 15, section 1681, et seq.;​ 176​ Article 12 Sec. 2.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 177.1 (8) a commercial entity using personal information collected, processed, sold, or disclosed​ 177.2 in compliance with the federal Driver's Privacy Protection Act of 1994, United States Code,​ 177.3 title 18, section 2721, et seq.;​ 177.4 (9) a commercial entity using personal information to do any of the following: prevent,​ 177.5 detect, protect against, or respond to security incidents, identity theft, fraud, harassment,​ 177.6 malicious or deceptive activities, or any illegal activity; preserve the integrity or security​ 177.7 of systems; or investigate, report, or prosecute any person responsible for any such action;​ 177.8 (10) a financial institution, affiliate of a financial institution, or data subject to title V​ 177.9 of the federal Gramm-Leach-Bliley Act, United States Code, title 15, section 6801, et seq.;​ 177.10 (11) a covered entity or business associate for purposes of the federal privacy regulations​ 177.11 promulgated under the federal Health Insurance Portability and Accountability Act of 1996,​ 177.12 specifically United States Code, title 42, section 1320d-2 note;​ 177.13 (12) insurance and insurance support organizations;​ 177.14 (13) law enforcement agencies or law enforcement support organizations and vendors​ 177.15 that provide data support services to law enforcement agencies;​ 177.16 (14) the collection and sale or licensing of covered information incidental to conducting​ 177.17 the activities described in clauses (4) to (13); and​ 177.18 (15) personal information contained in:​ 177.19 (i) real property records as defined in section 13.045, subdivision 1, clause (5);​ 177.20 (ii) uniform commercial code filings and tax liens maintained by the secretary of state;​ 177.21 and​ 177.22 (iii) any other records maintained by a government entity evidencing title to, or any lien,​ 177.23 judgment, or other encumbrance on, real or personal property.​ 177.24 EFFECTIVE DATE. This section is effective August 1, 2024.​ 177.25 Sec. 3. [480.45] REMOVAL OF PERSONAL INFORMATION.​ 177.26 Subdivision 1. Internet dissemination. If personal information about a judicial official​ 177.27 is publicly posted to the Internet by a person, business, association, or government entity,​ 177.28 the judicial official may submit a sworn affidavit to the person, business, association, or​ 177.29 government entity requesting that the publicly posted personal information be removed.​ 177.30 The affidavit shall:​ 177​ Article 12 Sec. 3.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 178.1 (1) state that the individual whose information was disseminated is a judicial official as​ 178.2 defined in section 480.40;​ 178.3 (2) describe with specificity the personal information that the judicial official seeks to​ 178.4 remove; and​ 178.5 (3) state the name of the publication, website, or otherwise identify where the judicial​ 178.6 official's personal information is available to the public.​ 178.7 Subd. 2. Removal of personal information; exception. (a) Upon receipt of an affidavit​ 178.8 requesting removal of the personal information of a judicial official that meets the​ 178.9 requirements of subdivision 1, the person, business, association, or government entity shall​ 178.10 remove the publicly posted personal information within 30 days. If the person, business,​ 178.11 association, or government entity fails to remove the publicly posted personal information​ 178.12 within 30 days after an affidavit is submitted, the judicial official may file a civil action in​ 178.13 a court of competent jurisdiction seeking a court order compelling compliance, including​ 178.14 injunctive and declarative relief.​ 178.15 (b) Paragraph (a) shall not apply to personal information contained in:​ 178.16 (1) real property records as defined in section 13.045, subdivision 1, clause (5);​ 178.17 (2) uniform commercial code filings and tax liens maintained by the secretary of state;​ 178.18 and​ 178.19 (3) any other records maintained by a government entity evidencing title to, or any lien,​ 178.20 judgment, or other encumbrance on, real or personal property.​ 178.21 Subd. 3. Penalties and damages. If a person, business, association, or government entity​ 178.22 knowingly violates an order granting injunctive or declarative relief, the court issuing such​ 178.23 an order may award to the judicial official an amount equal to the actual damages sustained​ 178.24 by the judicial official, and court costs and reasonable attorney fees.​ 178.25 EFFECTIVE DATE. This section is effective August 1, 2024.​ 178.26 Sec. 4. [609.476] PUBLISHING PERSONAL INFORMATION OF JUDICIAL​ 178.27 OFFICIAL.​ 178.28 Subdivision 1. Definitions. For the purposes of this section, the terms "personal​ 178.29 information" and "judicial official" have the meanings given in section 480.40, subdivision​ 178.30 1.​ 178.31 Subd. 2. Misdemeanor. It is unlawful to knowingly publish the personal information​ 178.32 of any judicial official in any publicly available publication, website, or media with the​ 178​ Article 12 Sec. 4.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 179.1 intent to threaten, intimidate, harass, or physically injure. A person convicted of violating​ 179.2 this subdivision is guilty of a misdemeanor.​ 179.3 Subd. 3. Felony. If a person's violation of subdivision 2 also causes bodily harm as​ 179.4 defined in section 609.02, subdivision 7, the person is guilty of a felony.​ 179.5 EFFECTIVE DATE. This section is effective August 1, 2024, and applies to crimes​ 179.6 committed on or after that date.​ 179.7 ARTICLE 13​ 179.8 JUDICIAL BRANCH POLICY​ 179.9 Section 1. Minnesota Statutes 2022, section 117.042, is amended to read:​ 179.10 117.042 POSSESSION.​ 179.11 Whenever the petitioner shall require title and possession of all or part of the owner's​ 179.12 property prior to the filing of an award by the court appointed commissioners, the petitioner​ 179.13 shall, at least 90 days prior to the date on which possession is to be taken, notify the owner​ 179.14 of the intent to possess by notice served by certified mail and before taking title and​ 179.15 possession shall pay to the owner or deposit with the court an amount equal to petitioner's​ 179.16 approved appraisal of value. Amounts deposited with the court shall be paid out under the​ 179.17 direction of the court. If it is deemed necessary to deposit the above amount with the court​ 179.18 the petitioner may apply to the court for an order transferring title and possession of the​ 179.19 property or properties involved from the owner to the petitioner. In all other cases, petitioner​ 179.20 has the right to the title and possession after the filing of the award by the court appointed​ 179.21 commissioners as follows:​ 179.22 (1) if appeal is waived by the parties upon payment of the award;​ 179.23 (2) if appeal is not waived by the parties upon payment or deposit of three-fourths of​ 179.24 the award to be deposited with the court administrator. The amount deposited If the amount​ 179.25 exceeds $10,000, it shall be deposited by the court administrator in an interest bearing​ 179.26 account no later than the five business day days next following the day on which the amount​ 179.27 was deposited with the court. All interest credited to the amount deposited from the date of​ 179.28 deposit shall be paid to the ultimate recipient of the amount deposited.​ 179.29 Nothing in this section shall limit rights granted in section 117.155.​ 179​ Article 13 Section 1.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 180.1 Sec. 2. Minnesota Statutes 2022, section 171.182, subdivision 2, is amended to read:​ 180.2 Subd. 2. Copy of judgment to commissioner. If a person fails within 30 days to satisfy​ 180.3 a judgment, the court administrator, upon affidavit of the judgment creditor that the judgment​ 180.4 has not been satisfied, shall immediately forward to notify the commissioner a certified​ 180.5 copy of the judgment and affidavit of identification that the judgment has not been satisfied.​ 180.6 If the judgment debtor named in a certified copy of a judgment reported to the​ 180.7 commissioner is a nonresident, the commissioner shall transmit a certified copy of the​ 180.8 judgment to notify the official in charge of the issuance of drivers' licenses of the state of​ 180.9 which the judgment debtor is a resident.​ 180.10 Sec. 3. Minnesota Statutes 2022, section 171.182, subdivision 3, is amended to read:​ 180.11 Subd. 3. Conditions. (a) The commissioner, upon receipt of a certified copy notification​ 180.12 of a judgment, shall suspend the license or the nonresident's operating privilege of the person​ 180.13 against whom judgment was rendered if:​ 180.14 (1) at the time of the accident the person did not maintain the reparation security required​ 180.15 by section 65B.48; and​ 180.16 (2) the judgment has not been satisfied.​ 180.17 (b) Suspensions under this section are subject to the notice requirements of section​ 180.18 171.18, subdivision 2.​ 180.19 Sec. 4. Minnesota Statutes 2022, section 253B.02, subdivision 4d, is amended to read:​ 180.20 Subd. 4d. Court examiner. "Court examiner" means a person appointed to serve the​ 180.21 court, and who is a physician or licensed psychologist who has a doctoral degree in​ 180.22 psychology, and is either licensed in Minnesota or who holds current authority to practice​ 180.23 in Minnesota under an approved interstate compact.​ 180.24 Sec. 5. Minnesota Statutes 2022, section 480.15, subdivision 10c, is amended to read:​ 180.25 Subd. 10c. Uniform collections policies and procedures for courts. (a) The state court​ 180.26 administrator under the direction of the Judicial Council may promulgate uniform collections​ 180.27 policies and procedures for the courts and may contract with credit bureaus, public and​ 180.28 private collection agencies, the Department of Revenue, and other public or private entities​ 180.29 providing collection services as necessary for the collection of court debts. The court​ 180.30 collection process and procedures are not subject to section 16A.1285. Court debts referred​ 180.31 to the Department of Revenue for collection are not subject to section 16D.07. Court debts​ 180​ Article 13 Sec. 5.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 181.1 referred to the Department of Revenue for revenue recapture are not subject to section​ 181.2 270A.08 or 270A.09.​ 181.3 (b) Court debt means an amount owed to the state directly or through the judicial branch​ 181.4 on account of a fee, duty, rent, service, overpayment, fine, assessment, surcharge, court​ 181.5 cost, penalty, restitution, damages, interest, bail bond, forfeiture, reimbursement, liability​ 181.6 owed, an assignment to the judicial branch, recovery of costs incurred by the judicial branch,​ 181.7 or any other source of indebtedness to the judicial branch as well as amounts owed to other​ 181.8 public or private entities for which the judicial branch acts in providing collection services,​ 181.9 or any other amount owed to the judicial branch.​ 181.10 (c) The courts must pay for the collection services of public or private collection entities​ 181.11 as well as the cost of one or more court employees to provide collection interface services​ 181.12 between the Department of Revenue, the courts, and one or more collection entities from​ 181.13 the money collected. The portion of the money collected which must be paid to the collection​ 181.14 entity as collection fees and costs and the portion of the money collected which must be​ 181.15 paid to the courts or Department of Revenue for collection services are appropriated from​ 181.16 the fund to which the collected money is due.​ 181.17 (d) As determined by the state court administrator, collection costs shall be added to the​ 181.18 debts referred to a public or private collection entity for collection.​ 181.19 Collection costs shall include the fees of the collection entity, and may include, if​ 181.20 separately provided, skip tracing fees, credit bureau reporting charges, fees assessed by any​ 181.21 public entity for obtaining information necessary for debt collection, or other​ 181.22 collection-related costs. Collection costs shall also include the costs of one or more court​ 181.23 employees employed by the state court administrator to provide a collection interface​ 181.24 between the collection entity, the Department of Revenue, and the courts.​ 181.25 If the collection entity collects an amount less than the total due, the payment is applied​ 181.26 proportionally to collection costs and the underlying debt. Collection costs in excess of​ 181.27 collection agency fees and court employee collection interface costs must be deposited in​ 181.28 the general fund as nondedicated receipts.​ 181.29 Sec. 6. Minnesota Statutes 2022, section 593.50, subdivision 1, is amended to read:​ 181.30 Subdivision 1. Juror protection. An employer shall not deprive an employee of​ 181.31 employment, or threaten or otherwise coerce the employee with respect thereto to​ 181.32 employment status, because the employee receives a summons, responds thereto, serves as​ 181.33 a juror, or attends court for prospective jury service. An employer must release an employee​ 181​ Article 13 Sec. 6.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 182.1 from the employee's regular work schedule, including any shift work, to permit the employee​ 182.2 to attend court for prospective jury service. An employer must not require an employee to​ 182.3 work an alternative shift on any day the juror is required to report to the courthouse for jury​ 182.4 service. Nothing in this section shall prevent an employee from voluntarily requesting to​ 182.5 work an alternative work schedule on any day the juror is required to report to the courthouse​ 182.6 for jury service, as long as the employer does not encourage, prompt, or ask for the employee​ 182.7 to make such a request.​ 182.8 Sec. 7. Minnesota Statutes 2023 Supplement, section 611.41, subdivision 7, is amended​ 182.9 to read:​ 182.10 Subd. 7. Court examiner. "Court examiner" means a person appointed to serve the​ 182.11 court by examining a defendant whose competency is at issue and who is a physician or​ 182.12 licensed psychologist who has a doctoral degree in psychology, and is either licensed in​ 182.13 Minnesota or who holds current authority to practice in Minnesota under an approved​ 182.14 interstate compact.​ 182.15 ARTICLE 14​ 182.16 PUBLIC DEFENSE AND OTHER CRIMINAL JUSTICE POLICY​ 182.17 Section 1. Minnesota Statutes 2023 Supplement, section 611.215, subdivision 1, is amended​ 182.18 to read:​ 182.19 Subdivision 1. Structure; membership. (a) The State Board of Public Defense is a part​ 182.20 of, but is not subject to the administrative control of, the judicial branch of government.​ 182.21 The State Board of Public Defense shall consist of nine members including:​ 182.22 (1) five attorneys admitted to the practice of law, well acquainted with the defense of​ 182.23 persons accused of crime, but not employed as prosecutors, appointed by the supreme court,​ 182.24 of which one must be a retired or former public defender within the past five years; and​ 182.25 (2) four public members appointed by the governor.​ 182.26 The appointing authorities may not appoint a person who is a judge to be a member of​ 182.27 the State Board of Public Defense, other than as a member of the ad hoc Board of Public​ 182.28 Defense.​ 182.29 (b) All members shall demonstrate an interest in maintaining a high quality, independent​ 182.30 defense system for those who are unable to obtain adequate representation. Appointments​ 182.31 to the board shall include qualified women and members of minority groups. At least three​ 182.32 members of the board shall be from judicial districts other than the First, Second, Fourth,​ 182​ Article 14 Section 1.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 183.1 and Tenth Judicial Districts. The terms, compensation, and removal of members shall be​ 183.2 as provided in section 15.0575. The chair shall be elected by the members from among the​ 183.3 membership for a term of two years.​ 183.4 (c) In addition, the State Board of Public Defense shall consist of a nine-member ad hoc​ 183.5 board when considering the appointment of district public defenders under section 611.26,​ 183.6 subdivision 2. The terms of chief district public defenders currently serving shall terminate​ 183.7 in accordance with the staggered term schedule set forth in section 611.26, subdivision 2.​ 183.8 (d) Meetings of the board are subject to chapter 13D.​ 183.9 Sec. 2. Minnesota Statutes 2022, section 611.215, subdivision 2, is amended to read:​ 183.10 Subd. 2. Duties and responsibilities. (a) The board shall approve and recommend to​ 183.11 the legislature a budget for the board, the office of state public defender, the judicial district​ 183.12 public defenders, and the public defense corporations.​ 183.13 (b) The board shall establish procedures for distribution of state funding under this​ 183.14 chapter to the state and district public defenders and to the public defense corporations.​ 183.15 (c) The state public defender with the approval of the board shall establish standards for​ 183.16 the offices of the state and district public defenders and for the conduct of all appointed​ 183.17 counsel systems. The standards must include, but are not limited to:​ 183.18 (1) standards needed to maintain and operate an office of public defender including​ 183.19 requirements regarding the qualifications, training, and size of the legal and supporting staff​ 183.20 for a public defender or appointed counsel system;​ 183.21 (2) standards for public defender caseloads;​ 183.22 (3) standards and procedures for the eligibility for appointment, assessment, and collection​ 183.23 of the costs for legal representation provided by public defenders or appointed counsel;​ 183.24 (4) standards for contracts between a board of county commissioners and a county public​ 183.25 defender system for the legal representation of indigent persons;​ 183.26 (5) (3) standards prescribing minimum qualifications of counsel appointed under the​ 183.27 board's authority or by the courts; and​ 183.28 (6) (4) standards ensuring the independent, competent, and efficient representation of​ 183.29 clients whose cases present conflicts of interest, in both the trial and appellate courts.​ 183.30 (d) The board may require the reporting of statistical data, budget information, and other​ 183.31 cost factors by the state and district public defenders and appointed counsel systems.​ 183​ Article 14 Sec. 2.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 184.1 Sec. 3. Minnesota Statutes 2023 Supplement, section 611.23, is amended to read:​ 184.2 611.23 OFFICE OF STATE PUBLIC DEFENDER; APPOINTMENT; SALARY.​ 184.3 The state public defender is responsible to the State Board of Public Defense. The state​ 184.4 public defender shall supervise the operation, activities, policies, and procedures of the​ 184.5 statewide public defender system. When requested by a district public defender or appointed​ 184.6 counsel, the state public defender may assist the district public defender, appointed counsel,​ 184.7 or an organization designated in section 611.216 in the performance of duties, including​ 184.8 trial representation in matters involving legal conflicts of interest or other special​ 184.9 circumstances, and assistance with legal research and brief preparation. The state public​ 184.10 defender shall be appointed by the State Board of Public Defense for a term of four years,​ 184.11 except as otherwise provided in this section, and until a successor is appointed and qualified.​ 184.12 The state public defender shall be a full-time qualified attorney, licensed to practice law in​ 184.13 this state, serve in the unclassified service of the state, and may only be removed only for​ 184.14 cause before the end of a term by the appointing authority a majority vote of the board​ 184.15 members present at a meeting of the board of public defense. Vacancies in the office shall​ 184.16 be filled by the appointing authority for the unexpired term. The salary of the state public​ 184.17 defender shall be fixed by the State Board of Public Defense. Terms of the state public​ 184.18 defender shall commence on July 1. The state public defender shall devote full time to the​ 184.19 performance of duties and shall not engage in the general practice of law.​ 184.20 Sec. 4. Minnesota Statutes 2022, section 611.24, is amended to read:​ 184.21 611.24 CHIEF APPELLATE PUBLIC DEFENDER; ORGANIZATION OF​ 184.22 OFFICE; ASSISTANTS.​ 184.23 (a) Beginning January 1, 2007, and for every four years after that date, the State Board​ 184.24 of Public Defense shall appoint a chief appellate public defender in charge of appellate​ 184.25 services, who shall employ or retain assistant state public defenders and other personnel as​ 184.26 may be necessary to discharge the functions of the office. The chief appellate public defender​ 184.27 shall serve a four-year term and may only be removed only for cause upon the order of​ 184.28 before the end of a term by a majority vote of board members present at a meeting of the​ 184.29 State Board of Public Defense. The chief appellate public defender shall be a full-time​ 184.30 qualified attorney, licensed to practice law in this state, and serve in the unclassified service​ 184.31 of the state. Vacancies in the office shall be filled by the appointing authority for the​ 184.32 unexpired term.​ 184.33 (b) An assistant state public defender shall be a qualified attorney, licensed to practice​ 184.34 law in this state, serve in the unclassified service of the state if employed, and serve at the​ 184​ Article 14 Sec. 4.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 185.1 pleasure of the appointing authority at a salary or retainer fee not to exceed reasonable​ 185.2 compensation for comparable services performed for other governmental agencies or​ 185.3 departments. Retained or part-time employed assistant state public defenders may engage​ 185.4 in the general practice of law. The compensation of the chief appellate public defender and​ 185.5 the compensation of each assistant state public defender shall be set by the State Board of​ 185.6 Public Defense. The chief appellate public defender shall devote full time to the performance​ 185.7 of duties and shall not engage in the general practice of law.​ 185.8 (c) The incumbent deputy state public defender as of December 31, 2006, shall be​ 185.9 appointed as the chief appellate public defender for the four-year term beginning on January​ 185.10 1, 2007.​ 185.11 Sec. 5. Minnesota Statutes 2022, section 611.26, subdivision 2, is amended to read:​ 185.12 Subd. 2. Appointment; terms. The State Board of Public Defense shall appoint a chief​ 185.13 district public defender for each judicial district. When appointing a chief district public​ 185.14 defender, the state Board of Public Defense membership shall be increased to include two​ 185.15 residents of the district appointed by the chief judge of the district to reflect the characteristics​ 185.16 of the population served by the public defender in that district. The additional members​ 185.17 shall serve only in the capacity of selecting the district public defender. The ad hoc state​ 185.18 Board of Public Defense shall appoint a chief district public defender only after requesting​ 185.19 and giving reasonable time to receive any recommendations from the public, the local bar​ 185.20 association, and the judges of the district. Each chief district public defender shall be a​ 185.21 qualified attorney licensed to practice law in this state. The chief district public defender​ 185.22 shall be appointed for a term of four years, beginning January 1, pursuant to the following​ 185.23 staggered term schedule: (1) in 2008, the second and eighth districts; (2) in 2009, the first,​ 185.24 third, fourth, and tenth districts; (3) in 2010, the fifth and ninth districts; and (4) in 2011,​ 185.25 the sixth and seventh districts. The chief district public defenders shall serve for four-year​ 185.26 terms and may only be removed for cause upon the order of before the end of a term by a​ 185.27 majority vote of the board members at a meeting of the state Board of Public Defense.​ 185.28 Vacancies in the office shall be filled by the appointing authority for the unexpired term.​ 185.29 The chief district public defenders shall devote full time to the performance of duties and​ 185.30 shall not engage in the general practice of law.​ 185.31 Sec. 6. Minnesota Statutes 2022, section 611.26, subdivision 3, is amended to read:​ 185.32 Subd. 3. Compensation. (a) The compensation of the chief district public defender and​ 185.33 the compensation of each assistant district public defender shall be set by the Board of​ 185​ Article 14 Sec. 6.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 186.1 Public Defense. To assist the Board of Public Defense in determining compensation under​ 186.2 this subdivision, counties shall provide to the board information on the compensation of​ 186.3 county attorneys, including salaries and benefits, rent, secretarial staff, and other pertinent​ 186.4 budget data. For purposes of this subdivision, compensation means salaries, cash payments,​ 186.5 and employee benefits including paid time off and group insurance benefits, and other direct​ 186.6 and indirect items of compensation including the value of office space provided by the​ 186.7 employer.​ 186.8 (b) This subdivision does not limit the rights of public defenders to collectively bargain​ 186.9 with their employers.​ 186.10 Sec. 7. Minnesota Statutes 2022, section 611.26, subdivision 3a, is amended to read:​ 186.11 Subd. 3a. Budget; compensation. (a) Notwithstanding subdivision 3 or any other law​ 186.12 to the contrary, compensation and economic benefit increases for chief district public​ 186.13 defenders and assistant district public defenders, who are full-time county employees, shall​ 186.14 be paid out of the budget for that judicial district public defender's office.​ 186.15 (b) In the Second Judicial District, the district public defender's office shall be funded​ 186.16 by the Board of Public Defense. The budget for the Second Judicial District Public Defender's​ 186.17 Office shall not include Ramsey County property taxes.​ 186.18 (c) In the Fourth Judicial District, the district public defender's office shall be funded​ 186.19 by the Board of Public Defense and by the Hennepin County Board. Personnel expenses of​ 186.20 state employees hired on or after January 1, 1999, in the Fourth Judicial District Public​ 186.21 Defender's Office shall be funded by the Board of Public Defense.​ 186.22 (d) Those budgets for district public defender services in the Second and Fourth Judicial​ 186.23 Districts under the jurisdiction of the state Board of Public Defense shall be eligible for​ 186.24 adjustments to their base budgets in the same manner as other state agencies. In making​ 186.25 biennial budget base adjustments, the commissioner of management and budget shall consider​ 186.26 the budgets for district public defender services in all judicial districts, as allocated by the​ 186.27 state Board of Public Defense, in the same manner as other state agencies.​ 186.28 Sec. 8. Minnesota Statutes 2022, section 611.26, subdivision 4, is amended to read:​ 186.29 Subd. 4. Assistant public defenders. A chief district public defender shall appoint​ 186.30 assistants who are qualified attorneys licensed to practice law in this state and other staff​ 186.31 as the chief district public defender finds prudent and necessary subject to the standards​ 186.32 adopted by the state public defender. Assistant district public defenders must be appointed​ 186​ Article 14 Sec. 8.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 187.1 to ensure broad geographic representation and caseload distribution within the district. Each​ 187.2 assistant district public defender serves at the pleasure of the chief district public defender.​ 187.3 A chief district public defender is authorized, subject to approval by the state Board of​ 187.4 Public Defense public defender or their designee, to hire an independent contractor to​ 187.5 perform the duties of an assistant public defender.​ 187.6 Sec. 9. Minnesota Statutes 2022, section 611.263, subdivision 1, is amended to read:​ 187.7 Subdivision 1. Employees. (a) Except as provided in subdivision 3, the district public​ 187.8 defender and assistant public defenders of the Second Judicial District are employees of​ 187.9 Ramsey County in the unclassified service under section 383A.286.​ 187.10 (b) Except as provided in subdivision 3, the district public defender and assistant public​ 187.11 defenders of the Fourth Judicial District are employees of Hennepin County under section​ 187.12 383B.63, subdivision 6.​ 187.13 Sec. 10. Minnesota Statutes 2022, section 611.265, is amended to read:​ 187.14 611.265 TRANSITION.​ 187.15 (a) District public defenders and their employees, other than in the Second and Fourth​ 187.16 Judicial Districts, are state employees in the judicial branch, and are governed by the​ 187.17 personnel rules adopted by the State Board of Public Defense.​ 187.18 (b) A district public defender or district public defender employee who becomes a state​ 187.19 employee under this section, and who participated in a county insurance program on June​ 187.20 30, 1993, may elect to continue to participate in the county program according to procedures​ 187.21 established by the Board of Public Defense. An affected county shall bill the Board of Public​ 187.22 Defense for employer contributions, in a manner prescribed by the board. The county shall​ 187.23 not charge the board any administrative fee. Notwithstanding any law to the contrary, a​ 187.24 person who is first employed as a district public defender after July 1, 1993, shall participate​ 187.25 in the state employee insurance program, as determined by the state Board of Public Defense,​ 187.26 in consultation with the commissioner of management and budget.​ 187.27 (c) (b) A district public defender or district public defender employee who becomes a​ 187.28 state employee under this section, and who participated in the Public Employee Retirement​ 187.29 Association on June 30, 1993, may elect to continue to participate in the Public Employees​ 187.30 Retirement Association according to procedures established by the Board of Public Defense​ 187.31 and the association. Notwithstanding any law to the contrary, a person who is first employed​ 187​ Article 14 Sec. 10.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 188.1 as a state employee or by a district public defender after July 1, 1993, must participate in​ 188.2 the Minnesota State Retirement System.​ 188.3 (d) (c) A person performing district public defender work as an independent contractor​ 188.4 is not eligible to be covered under the state group insurance plan or the Public Employee​ 188.5 Retirement Association.​ 188.6 Sec. 11. Minnesota Statutes 2022, section 611.27, subdivision 1, is amended to read:​ 188.7 Subdivision 1. Budget. (a) A chief district public defender shall annually submit a​ 188.8 comprehensive budget to the state Board of Public Defense. The budget shall be in​ 188.9 compliance with standards and forms required by the board. The chief district public defender​ 188.10 shall, at times and in the form required by the board, submit reports to the board concerning​ 188.11 its operations, including the number of cases handled and funds expended for these services.​ 188.12 (b) Money appropriated to the State Board of Public Defense for the board's​ 188.13 administration, for the state public defender, for the judicial district public defenders, and​ 188.14 for the public defense corporations shall be expended as determined by the board. In​ 188.15 distributing funds to district public defenders, the board shall consider the geographic​ 188.16 distribution of public defenders, the equity of compensation among the judicial districts,​ 188.17 public defender case loads, and the results of the weighted case load study.​ 188.18 Sec. 12. Minnesota Statutes 2022, section 611.27, subdivision 8, is amended to read:​ 188.19 Subd. 8. Adequate representation; review. In a case where the chief district public​ 188.20 defender does not believe that the office can provide adequate representation, the chief​ 188.21 public defender of the district shall immediately notify the state public defender. The chief​ 188.22 district public defender may request that the state public defender authorize appointment​ 188.23 of counsel other than the district public defender in the case.​ 188.24 Sec. 13. Minnesota Statutes 2022, section 611.27, subdivision 10, is amended to read:​ 188.25 Subd. 10. Addition of permanent staff. The chief public defender may not request nor​ 188.26 may the state public defender approve the addition of permanent staff under subdivision 7​ 188.27 this section.​ 188.28 Sec. 14. Minnesota Statutes 2022, section 611.27, subdivision 11, is amended to read:​ 188.29 Subd. 11. Appointment of counsel. (a) If the state public defender finds that the provision​ 188.30 of adequate legal representation, including associated services, is beyond the ability of the​ 188.31 district public defender to provide, the state public defender may approve counsel to be​ 188​ Article 14 Sec. 14.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 189.1 appointed, with compensation and expenses to be paid under the provisions of this​ 189.2 subdivision and subdivision 7. Counsel in such these cases shall be appointed by the chief​ 189.3 district public defender.​ 189.4 (b) All billings for services rendered and ordered under this subdivision shall require​ 189.5 the approval of the chief district public defender before being forwarded to the state public​ 189.6 defender for payment. Counsel appointed under this subdivision shall document the time​ 189.7 worked and expenses incurred in a manner prescribed by the chief district public defender.​ 189.8 In cases where adequate representation cannot be provided by the district public defender​ 189.9 and where counsel has been approved by the state public defender, the Board of Public​ 189.10 Defense shall pay all services from county program aid transferred by the commissioner of​ 189.11 revenue for that purpose under section 477A.03, subdivision 2b, paragraph (a).​ 189.12 Sec. 15. Minnesota Statutes 2022, section 611.27, subdivision 13, is amended to read:​ 189.13 Subd. 13. Correctional facility inmates. All billings for services rendered and ordered​ 189.14 under subdivision 7 shall require the approval of the chief district public defender before​ 189.15 being forwarded to the state public defender. In cases where adequate representation cannot​ 189.16 be provided by the district public defender and where counsel has been approved by the​ 189.17 state public defender, the Board of Public Defense shall pay all services from county program​ 189.18 aid transferred by the commissioner of revenue for that purpose under section 477A.03,​ 189.19 subdivision 2b, paragraph (a).​ 189.20 The costs of appointed counsel and associated services in cases arising from new criminal​ 189.21 charges brought against indigent inmates who are incarcerated in a Minnesota state​ 189.22 correctional facility are the responsibility of the State Board of Public Defense. In such​ 189.23 these cases the state public defender may follow the procedures outlined in this section for​ 189.24 obtaining court-ordered counsel.​ 189.25 Sec. 16. Minnesota Statutes 2022, section 611.27, subdivision 16, is amended to read:​ 189.26 Subd. 16. Appeal by prosecuting attorney; attorney fees. (a) When a prosecuting​ 189.27 attorney appeals to the court of appeals, in any criminal case, from any pretrial order of the​ 189.28 district court, reasonable attorney fees and costs incurred shall be allowed to the defendant​ 189.29 on the appeal which shall be paid by the governmental unit responsible for the prosecution​ 189.30 involved in accordance with paragraph (b).​ 189.31 (b) By On or before January 15, 2013, and every year thereafter of each year, the chief​ 189.32 judge of the judicial district, after consultation with city and county attorneys, the chief​ 189.33 public defender, and members of the private bar in the district, shall establish a reimbursement​ 189​ Article 14 Sec. 16.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 190.1 rate for attorney fees and costs associated with representation under paragraph (a) of a​ 190.2 defendant on appeal. The compensation to be paid to an attorney for such service rendered​ 190.3 to a defendant under this subdivision may not exceed $5,000 $10,000, exclusive of​ 190.4 reimbursement for expenses reasonably incurred, unless payment in excess of that limit is​ 190.5 certified by the chief judge of the district as necessary to provide fair compensation for​ 190.6 services of an unusual character or duration.​ 190.7 Sec. 17. Minnesota Statutes 2023 Supplement, section 611.55, subdivision 1, is amended​ 190.8 to read:​ 190.9 Subdivision 1. Definition. As used in this section, "board" means the State Minnesota​ 190.10 Competency Attainment Board established in section 611.56.​ 190.11 Sec. 18. Minnesota Statutes 2023 Supplement, section 611.56, subdivision 1, is amended​ 190.12 to read:​ 190.13 Subdivision 1. Establishment; membership. (a) The State Minnesota Competency​ 190.14 Attainment Board is established in the judicial branch. The board is not subject to the​ 190.15 administrative control of the judiciary. The board shall consist of seven members, including:​ 190.16 (1) three members appointed by the supreme court, at least one of whom must be a​ 190.17 defense attorney, one a county attorney, and one public member; and​ 190.18 (2) four members appointed by the governor, at least one of whom must be a mental​ 190.19 health professional with experience in competency attainment.​ 190.20 (b) The appointing authorities may not appoint an active judge to be a member of the​ 190.21 board, but may appoint a retired judge.​ 190.22 (c) All members must demonstrate an interest in maintaining a high quality, independent​ 190.23 forensic navigator program and a thorough process for certification of competency attainment​ 190.24 programs. Members shall be familiar with the Minnesota Rules of Criminal Procedure,​ 190.25 particularly rule 20; chapter 253B; and sections 611.40 to 611.59. Following the initial​ 190.26 terms of appointment, at least one member appointed by the supreme court must have​ 190.27 previous experience working as a forensic navigator. At least three members of the board​ 190.28 shall live outside the First, Second, Fourth, and Tenth Judicial Districts. The terms,​ 190.29 compensation, and removal of members shall be as provided in section 15.0575. The members​ 190.30 shall elect the chair from among the membership for a term of two years.​ 190​ Article 14 Sec. 18.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 191.1 Sec. 19. Minnesota Statutes 2023 Supplement, section 611.56, subdivision 6, is amended​ 191.2 to read:​ 191.3 Subd. 6. Fees and costs; civil actions on contested case. Sections 15.039 and 15.471​ 191.4 to 15.474 apply to the State Minnesota Competency Attainment Board.​ 191.5 Sec. 20. Minnesota Statutes 2023 Supplement, section 611.57, subdivision 1, is amended​ 191.6 to read:​ 191.7 Subdivision 1. Establishment. The Certification Advisory Committee is established to​ 191.8 provide the State Minnesota Competency Attainment Board with advice and expertise​ 191.9 related to the certification of competency attainment programs, including jail-based programs.​ 191.10 Sec. 21. Minnesota Statutes 2023 Supplement, section 611.57, subdivision 4, is amended​ 191.11 to read:​ 191.12 Subd. 4. Duties. The Certification Advisory Committee shall consult with the Department​ 191.13 of Human Services, the Department of Health, and the Department of Corrections; make​ 191.14 recommendations to the State Minnesota Competency Attainment Board regarding​ 191.15 competency attainment curriculum, certification requirements for competency attainment​ 191.16 programs including jail-based programs, and certification of individuals to provide​ 191.17 competency attainment services; and provide information and recommendations on other​ 191.18 issues relevant to competency attainment as requested by the board.​ 191.19 Sec. 22. REVISOR INSTRUCTION.​ 191.20 The revisor of statutes shall renumber each section of Minnesota Statutes listed in column​ 191.21 A with the number listed in column B. The revisor shall make necessary cross-reference​ 191.22 changes consistent with the renumbering. The revisor shall also make any technical and​ 191.23 other changes necessitated by the renumbering and cross-reference changes.​ Column B​ 191.24 Column A​ 611.24, subdivision 2​ 191.25 611.27, subdivision 3​ 611.24, subdivision 3​ 191.26 611.27, subdivision 15​ 611.24, subdivision 4​ 191.27 611.27, subdivision 16​ 191.28 Sec. 23. REPEALER.​ 191.29 Minnesota Statutes 2022, sections 611.20, subdivisions 3, 4, and 7; 611.25, subdivision​ 191.30 3; and 611.27, subdivisions 6, 9, and 12, are repealed.​ 191​ Article 14 Sec. 23.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 192.1 ARTICLE 15​ 192.2 CIVIL LAW PROVISIONS​ 192.3 Section 1. Minnesota Statutes 2022, section 5B.02, is amended to read:​ 192.4 5B.02 DEFINITIONS.​ 192.5 (a) For purposes of this chapter and unless the context clearly requires otherwise, the​ 192.6 definitions in this section have the meanings given them.​ 192.7 (b) "Address" means an individual's work address, school address, or residential street​ 192.8 address, as specified on the individual's application to be a program participant under this​ 192.9 chapter.​ 192.10 (c) "Applicant" means an adult, a parent or guardian acting on behalf of an eligible​ 192.11 minor, or a guardian acting on behalf of an incapacitated person, as defined in section​ 192.12 524.5-102.​ 192.13 (d) "Domestic violence" means an act as defined in section 518B.01, subdivision 2,​ 192.14 paragraph (a), and includes a threat of such acts committed against an individual in a domestic​ 192.15 situation, regardless of whether these acts or threats have been reported to law enforcement​ 192.16 officers.​ 192.17 (e) "Eligible person" means an adult, a minor, or an incapacitated person, as defined in​ 192.18 section 524.5-102 for whom there is good reason to believe (1) that the eligible person is a​ 192.19 victim of domestic violence, sexual assault, or harassment or stalking, or (2) that the eligible​ 192.20 person fears for the person's safety, the safety of another person who resides in the same​ 192.21 household, or the safety of persons on whose behalf the application is made. In order to be​ 192.22 an eligible person, an individual must reside in Minnesota in order to be an eligible person​ 192.23 or must certify that the individual intends to reside in Minnesota within 60 days. A person​ 192.24 registered or required to register as a predatory offender under section 243.166 or 243.167,​ 192.25 or the law of another jurisdiction, is not an eligible person.​ 192.26 (f) "Mail" means first class letters and flats delivered via the United States Postal Service,​ 192.27 including priority, express, and certified mail, and excluding (1) periodicals and catalogues,​ 192.28 and (2) packages and parcels unless they are clearly identifiable as nonrefrigerated​ 192.29 pharmaceuticals or clearly indicate that they are sent by the federal government or a state​ 192.30 or county government agency of the continental United States, Hawaii, District of Columbia,​ 192.31 or United States territories.​ 192.32 (g) "Program participant" means an individual certified as a program participant under​ 192.33 section 5B.03.​ 192​ Article 15 Section 1.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 193.1 (h) "Harassment" or "stalking" means acts criminalized under section 609.749 and​ 193.2 includes a threat of such acts committed against an individual, regardless of whether these​ 193.3 acts or threats have been reported to law enforcement officers.​ 193.4 Sec. 2. Minnesota Statutes 2022, section 5B.03, subdivision 3, is amended to read:​ 193.5 Subd. 3. Certification. (a) Upon filing a completed application, the secretary of state​ 193.6 shall certify the eligible person as a program participant. Unless the program participant is​ 193.7 not a Minnesota resident, program participants shall must be certified for four years following​ 193.8 the date of filing unless the certification is canceled, withdrawn or invalidated before that​ 193.9 date. Applicants from outside of Minnesota must be certified for 60 days. Upon receiving​ 193.10 notice that the participant has moved to Minnesota, the participant must be certified for four​ 193.11 years following the date of filing unless the certification is canceled, withdrawn, or​ 193.12 invalidated before that date. The secretary of state shall by rule establish a renewal procedure.​ 193.13 (b) Certification under this subdivision is for the purpose of participation in the​ 193.14 confidentiality program established under this chapter only. Certification must not be used​ 193.15 as evidence or be considered for any purpose in any civil, criminal, or administrative​ 193.16 proceeding related to the behavior or actions giving rise to the application under subdivision​ 193.17 1.​ 193.18 Sec. 3. Minnesota Statutes 2022, section 5B.04, is amended to read:​ 193.19 5B.04 CERTIFICATION CANCELLATION.​ 193.20 (a) If the program participant obtains a legal change of identity, the participant loses​ 193.21 certification as a program participant.​ 193.22 (b) The secretary of state may cancel a program participant's certification if there is a​ 193.23 change in the program participant's legal name or contact information, unless the program​ 193.24 participant or the person who signed as the applicant on behalf of an eligible person provides​ 193.25 the secretary of state with prior notice in writing of the change.​ 193.26 (c) The secretary of state may cancel certification of a program participant if mail​ 193.27 forwarded by the secretary to the program participant's address is returned as nondeliverable.​ 193.28 (d) The secretary of state may cancel a program participant's certification if the program​ 193.29 participant is no longer an eligible person.​ 193.30 (e) The secretary of state shall cancel certification of a program participant who applies​ 193.31 using false information.​ 193​ Article 15 Sec. 3.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 194.1 (f) The secretary of state shall cancel certification of a program participant who does​ 194.2 not reside in Minnesota within 60 days of Safe at Home certification.​ 194.3 Sec. 4. Minnesota Statutes 2022, section 5B.05, is amended to read:​ 194.4 5B.05 USE OF DESIGNATED ADDRESS.​ 194.5 (a) When a program participant presents the address designated by the secretary of state​ 194.6 to any person or entity, that address must be accepted as the address of the program​ 194.7 participant. The person may or entity must not require the program participant to submit​ 194.8 any address that could be used to physically locate the participant either as a substitute or​ 194.9 in addition to the designated address, or as a condition of receiving a service or benefit,​ 194.10 unless the service or benefit would be impossible to provide without knowledge of the​ 194.11 program participant's physical location. Notwithstanding a person's or entity's knowledge​ 194.12 of a program participant's physical location, the person or entity must use the program​ 194.13 participant's designated address for all mail correspondence with the program participant,​ 194.14 unless the participant owns real property through a limited liability company or trust. A​ 194.15 person or entity may only mail to an alternative address if the participant owns real property​ 194.16 through a trust or a limited liability company and the participant has requested that the​ 194.17 person or entity mail correspondence regarding that ownership to an alternate address.​ 194.18 (b) A program participant may use the address designated by the secretary of state as​ 194.19 the program participant's work address.​ 194.20 (c) The Office of the Secretary of State shall forward all mail sent to the designated​ 194.21 address to the proper program participants.​ 194.22 (d) If a program participant has notified a person or entity in writing, on a form prescribed​ 194.23 by the program, that the individual is a program participant and of the requirements of this​ 194.24 section, the person or entity must not knowingly disclose the participant's name or address​ 194.25 identified by the participant on the notice. If identified on the notice, the individual person​ 194.26 or entity receiving the notice must not knowingly disclose the program participant's name,​ 194.27 home address, work address, or school address, unless the person to whom the address is​ 194.28 disclosed also lives, works, or goes to school at the address disclosed, or the participant has​ 194.29 provided written consent to disclosure of the participant's name, home address, work address,​ 194.30 or school address for the purpose for which the disclosure will be made. This paragraph​ 194.31 applies to the actions and reports of guardians ad litem, except that guardians ad litem may​ 194.32 disclose the program participant's name. This paragraph does not apply to records of the​ 194.33 judicial branch governed by rules adopted by the supreme court or government entities​ 194.34 governed by section 13.045.​ 194​ Article 15 Sec. 4.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 195.1 Sec. 5. Minnesota Statutes 2022, section 13.045, subdivision 3, is amended to read:​ 195.2 Subd. 3. Classification of identity and location data; amendment of records; sharing​ 195.3 and dissemination. (a) Identity and location data for which a program participant seeks​ 195.4 protection under subdivision 2, paragraph (a), that are not otherwise classified by law as​ 195.5 not public are private data on individuals.​ 195.6 (b) Notwithstanding any provision of law to the contrary, private or confidential location​ 195.7 data on a program participant who submits a notice under subdivision 3, paragraph (a), may​ 195.8 not be shared with any other government entity or nongovernmental entity unless:​ 195.9 (1) the program participant has expressly consented in writing to sharing or dissemination​ 195.10 of the data for the purpose for which the sharing or dissemination will occur;​ 195.11 (2) the data are subject to sharing or dissemination pursuant to court order under section​ 195.12 13.03, subdivision 6;​ 195.13 (3) the data are subject to sharing pursuant to section 5B.07, subdivision 2;​ 195.14 (4) the location data related to county of residence are needed to provide public assistance​ 195.15 or other government services, or to allocate financial responsibility for the assistance or​ 195.16 services;​ 195.17 (5) the data are necessary to perform a government entity's health, safety, or welfare​ 195.18 functions, including the provision of emergency 911 services, the assessment and​ 195.19 investigation of child or vulnerable adult abuse or neglect, or the assessment or inspection​ 195.20 of services or locations for compliance with health, safety, or professional standards; or​ 195.21 (6) the data are necessary to aid an active law enforcement investigation of the program​ 195.22 participant.​ 195.23 (c) Data disclosed under paragraph (b), clauses (4) to (6), may be used only for the​ 195.24 purposes authorized in this subdivision and may not be further disclosed to any other person​ 195.25 or government entity. Government entities receiving or sharing private or confidential data​ 195.26 under this subdivision shall establish procedures to protect the data from further disclosure.​ 195.27 (d) Real property record data are governed by subdivision 4a.​ 195.28 (e) Notwithstanding sections 15.17 and 138.17, a government entity may amend records​ 195.29 to replace a participant's location data with the participant's designated address.​ 195​ Article 15 Sec. 5.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 196.1 Sec. 6. Minnesota Statutes 2022, section 491A.01, subdivision 3a, is amended to read:​ 196.2 Subd. 3a. Jurisdiction; general. (a) Except as provided in subdivisions 4 and 5, the​ 196.3 conciliation court has jurisdiction to hear, conciliate, try, and determine civil claims if the​ 196.4 amount of money or property that is the subject matter of the claim does not exceed: (1)​ 196.5 $15,000 $20,000; or (2) $4,000, if the claim involves a consumer credit transaction.​ 196.6 (b) "Consumer credit transaction" means a sale of personal property, or a loan arranged​ 196.7 to facilitate the purchase of personal property, in which:​ 196.8 (1) credit is granted by a seller or a lender who regularly engages as a seller or lender​ 196.9 in credit transactions of the same kind;​ 196.10 (2) the buyer is a natural person;​ 196.11 (3) the claimant is the seller or lender in the transaction; and​ 196.12 (4) the personal property is purchased primarily for a personal, family, or household​ 196.13 purpose and not for a commercial, agricultural, or business purpose.​ 196.14 (c) Except as otherwise provided in this subdivision and subdivisions 5 to 11, the​ 196.15 territorial jurisdiction of conciliation court is coextensive with the county in which the court​ 196.16 is established. The summons in a conciliation court action under subdivisions 6 to 10 may​ 196.17 be served anywhere in the state, and the summons in a conciliation court action under​ 196.18 subdivision 7, paragraph (b), may be served outside the state in the manner provided by​ 196.19 law. The court administrator shall serve the summons in a conciliation court action by first​ 196.20 class mail, except that if the amount of money or property that is the subject of the claim​ 196.21 exceeds $2,500, the summons must be served by the plaintiff by certified mail, and service​ 196.22 on nonresident defendants must be made in accordance with applicable law or rule.​ 196.23 Subpoenas to secure the attendance of nonparty witnesses and the production of documents​ 196.24 at trial may be served anywhere within the state in the manner provided by law.​ 196.25 When a court administrator is required to summon the defendant by certified mail under​ 196.26 this paragraph, the summons may be made by personal service in the manner provided in​ 196.27 the Rules of Civil Procedure for personal service of a summons of the district court as an​ 196.28 alternative to service by certified mail.​ 196.29 Sec. 7. [500.217] RESTRICTIONS ON CHILD CARE PROHIBITIONS.​ 196.30 (a) Except as otherwise provided in this section and notwithstanding any covenant,​ 196.31 restriction, or condition contained in a deed, security instrument, homeowners association​ 196.32 document, or any other instrument affecting the transfer, sale of, or an interest in real​ 196​ Article 15 Sec. 7.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 197.1 property, a private entity must not prohibit, unreasonably restrict, or refuse to permit the​ 197.2 owner of a dwelling from providing child care under a family and group family child care​ 197.3 provider license under chapter 245A, and Minnesota Rules, chapter 9502. A private entity​ 197.4 must not impose a fee, assessment, or other cost upon the owner of a dwelling in connection​ 197.5 with providing child care.​ 197.6 (b) A private entity may require an owner or occupant who is seeking licensure or who​ 197.7 is a license holder to indemnify, hold harmless, or defend the private entity against all claims,​ 197.8 including costs and attorney fees, related to the operation of a family or group family child​ 197.9 care program. The private entity may require each parent, guardian, or caretaker of the child​ 197.10 being cared for in the program to sign a waiver of claims for liability, provided that the​ 197.11 waiver is reasonable, consistent with industry standards, and does not require notarization.​ 197.12 (c) The homeowners association is not required to amend the homeowners association​ 197.13 documents to meet a licensing requirement, except when the homeowners association​ 197.14 documents are inconsistent with the requirements of this section. Nothing in this section​ 197.15 prevents an owner or occupant from using provided or legal remedies to amend the​ 197.16 homeowners association documents or from requesting a variance from those requirements.​ 197.17 (d) A license holder who is an owner occupant and all invitees are subject to the rules​ 197.18 and regulations contained in the homeowners association documents of the private entity​ 197.19 except where those rules and regulations conflict with this section.​ 197.20 (e) For the purposes of this section, the following terms have the meanings given:​ 197.21 (1) "private entity" means a homeowners association, community association, or other​ 197.22 association that is subject to a homeowners association document; and​ 197.23 (2) "homeowners association document" means a document containing the declaration,​ 197.24 articles of incorporation, bylaws, or rules and regulations of a common interest community,​ 197.25 as defined in section 515B.1-103, regardless of whether the common interest community​ 197.26 is subject to chapter 515B, or a residential community that is not a common interest​ 197.27 community.​ 197.28 (f) This section only applies to:​ 197.29 (1) a single-family detached dwelling whose owner is the sole owner of the entire building​ 197.30 in which the dwelling is located and who is solely responsible for the maintenance, repair,​ 197.31 replacement, and insurance of the entire building; or​ 197​ Article 15 Sec. 7.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 198.1 (2) a multifamily attached dwelling whose owner is the sole owner of the entire building​ 198.2 in which the dwelling is located and who is solely responsible for the maintenance, repair,​ 198.3 replacement, and insurance of the entire building.​ 198.4 Sec. 8. Minnesota Statutes 2023 Supplement, section 515B.2-103, is amended to read:​ 198.5 515B.2-103 CONSTRUCTION AND VALIDITY OF DECLARATION AND​ 198.6 BYLAWS.​ 198.7 (a) All provisions of the declaration and bylaws are severable.​ 198.8 (b) The rule against perpetuities may not be applied to defeat any provision of the​ 198.9 declaration or this chapter, or any instrument executed pursuant to the declaration or this​ 198.10 chapter.​ 198.11 (c) In the event of a conflict between the provisions of the declaration and the bylaws,​ 198.12 the declaration prevails except to the extent that the declaration is inconsistent with this​ 198.13 chapter.​ 198.14 (d) The declaration and bylaws must comply with sections 500.215 and, 500.216, and​ 198.15 500.217.​ 198.16 Sec. 9. Minnesota Statutes 2023 Supplement, section 515B.3-102, is amended to read:​ 198.17 515B.3-102 POWERS OF UNIT OWNERS' ASSOCIATION.​ 198.18 (a) Except as provided in subsections (b), (c), (d), (e), and (f) and subject to the provisions​ 198.19 of the declaration or bylaws, the association shall have the power to:​ 198.20 (1) adopt, amend and revoke rules and regulations not inconsistent with the articles of​ 198.21 incorporation, bylaws and declaration, as follows: (i) regulating the use of the common​ 198.22 elements; (ii) regulating the use of the units, and conduct of unit occupants, which may​ 198.23 jeopardize the health, safety or welfare of other occupants, which involves noise or other​ 198.24 disturbing activity, or which may damage the common elements or other units; (iii) regulating​ 198.25 or prohibiting animals; (iv) regulating changes in the appearance of the common elements​ 198.26 and conduct which may damage the common interest community; (v) regulating the exterior​ 198.27 appearance of the common interest community, including, for example, balconies and patios,​ 198.28 window treatments, and signs and other displays, regardless of whether inside a unit; (vi)​ 198.29 implementing the articles of incorporation, declaration and bylaws, and exercising the​ 198.30 powers granted by this section; and (vii) otherwise facilitating the operation of the common​ 198.31 interest community;​ 198​ Article 15 Sec. 9.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 199.1 (2) adopt and amend budgets for revenues, expenditures and reserves, and levy and​ 199.2 collect assessments for common expenses from unit owners;​ 199.3 (3) hire and discharge managing agents and other employees, agents, and independent​ 199.4 contractors;​ 199.5 (4) institute, defend, or intervene in litigation or administrative proceedings (i) in its​ 199.6 own name on behalf of itself or two or more unit owners on matters affecting the common​ 199.7 elements or other matters affecting the common interest community or, (ii) with the consent​ 199.8 of the owners of the affected units on matters affecting only those units;​ 199.9 (5) make contracts and incur liabilities;​ 199.10 (6) regulate the use, maintenance, repair, replacement, and modification of the common​ 199.11 elements and the units;​ 199.12 (7) cause improvements to be made as a part of the common elements, and, in the case​ 199.13 of a cooperative, the units;​ 199.14 (8) acquire, hold, encumber, and convey in its own name any right, title, or interest to​ 199.15 real estate or personal property, but (i) common elements in a condominium or planned​ 199.16 community may be conveyed or subjected to a security interest only pursuant to section​ 199.17 515B.3-112, or (ii) part of a cooperative may be conveyed, or all or part of a cooperative​ 199.18 may be subjected to a security interest, only pursuant to section 515B.3-112;​ 199.19 (9) grant or amend easements for public utilities, public rights-of-way or other public​ 199.20 purposes, and cable television or other communications, through, over or under the common​ 199.21 elements; grant or amend easements, leases, or licenses to unit owners for purposes authorized​ 199.22 by the declaration; and, subject to approval by a vote of unit owners other than declarant​ 199.23 or its affiliates, grant or amend other easements, leases, and licenses through, over or under​ 199.24 the common elements;​ 199.25 (10) impose and receive any payments, fees, or charges for the use, rental, or operation​ 199.26 of the common elements, other than limited common elements, and for services provided​ 199.27 to unit owners;​ 199.28 (11) impose interest and late charges for late payment of assessments and, after notice​ 199.29 and an opportunity to be heard before the board or a committee appointed by it, levy​ 199.30 reasonable fines for violations of the declaration, bylaws, and rules and regulations of the​ 199.31 association, provided that attorney fees and costs must not be charged or collected from a​ 199.32 unit owner who disputes a fine or assessment and, if after the homeowner requests a hearing​ 199.33 and a hearing is held by the board or a committee of the board, the board does not adopt a​ 199​ Article 15 Sec. 9.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 200.1 resolution levying the fine or upholding the assessment against the unit owner or owner's​ 200.2 unit;​ 200.3 (12) impose reasonable charges for the review, preparation and recordation of​ 200.4 amendments to the declaration, resale certificates required by section 515B.4-107, statements​ 200.5 of unpaid assessments, or furnishing copies of association records;​ 200.6 (13) provide for the indemnification of its officers and directors, and maintain directors'​ 200.7 and officers' liability insurance;​ 200.8 (14) provide for reasonable procedures governing the conduct of meetings and election​ 200.9 of directors;​ 200.10 (15) exercise any other powers conferred by law, or by the declaration, articles of​ 200.11 incorporation or bylaws; and​ 200.12 (16) exercise any other powers necessary and proper for the governance and operation​ 200.13 of the association.​ 200.14 (b) Notwithstanding subsection (a) the declaration or bylaws may not impose limitations​ 200.15 on the power of the association to deal with the declarant which are more restrictive than​ 200.16 the limitations imposed on the power of the association to deal with other persons.​ 200.17 (c) An association that levies a fine pursuant to subsection (a)(11), or an assessment​ 200.18 pursuant to section 515B.3-115(g), or 515B.3-1151(g), must provide a dated, written notice​ 200.19 to a unit owner that:​ 200.20 (1) states the amount and reason for the fine or assessment;​ 200.21 (2) for fines levied under section 515B.3-102(a)(11), specifies: (i) the violation for which​ 200.22 a fine is being levied and the date of the levy; and (ii) the specific section of the declaration,​ 200.23 bylaws, rules, or regulations allegedly violated;​ 200.24 (3) for assessments levied under section 515B.3-115(g) or 515B.3-1151(g), identifies:​ 200.25 (i) the damage caused; and (ii) the act or omission alleged to have caused the damage;​ 200.26 (4) states that all unpaid fines and assessments are liens which, if not satisfied, could​ 200.27 lead to foreclosure of the lien against the owner's unit;​ 200.28 (5) describes the unit owner's right to be heard by the board or a committee appointed​ 200.29 by the board;​ 200.30 (6) states that if the assessment, fine, late fees, and other allowable charges are not paid,​ 200.31 the amount may increase as a result of the imposition of attorney fees and other collection​ 200.32 costs; and​ 200​ Article 15 Sec. 9.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 201.1 (7) informs the unit owner that homeownership assistance is available from the Minnesota​ 201.2 Homeownership Center.​ 201.3 (d) Notwithstanding subsection (a), powers exercised under this section must comply​ 201.4 with sections 500.215 and, 500.216, and 500.217.​ 201.5 (e) Notwithstanding subsection (a)(4) or any other provision of this chapter, the​ 201.6 association, before instituting litigation or arbitration involving construction defect claims​ 201.7 against a development party, shall:​ 201.8 (1) mail or deliver written notice of the anticipated commencement of the action to each​ 201.9 unit owner at the addresses, if any, established for notices to owners in the declaration and,​ 201.10 if the declaration does not state how notices are to be given to owners, to the owner's last​ 201.11 known address. The notice shall specify the nature of the construction defect claims to be​ 201.12 alleged, the relief sought, and the manner in which the association proposes to fund the cost​ 201.13 of pursuing the construction defect claims; and​ 201.14 (2) obtain the approval of owners of units to which a majority of the total votes in the​ 201.15 association are allocated. Votes allocated to units owned by the declarant, an affiliate of the​ 201.16 declarant, or a mortgagee who obtained ownership of the unit through a foreclosure sale​ 201.17 are excluded. The association may obtain the required approval by a vote at an annual or​ 201.18 special meeting of the members or, if authorized by the statute under which the association​ 201.19 is created and taken in compliance with that statute, by a vote of the members taken by​ 201.20 electronic means or mailed ballots. If the association holds a meeting and voting by electronic​ 201.21 means or mailed ballots is authorized by that statute, the association shall also provide for​ 201.22 voting by those methods. Section 515B.3-110(c) applies to votes taken by electronic means​ 201.23 or mailed ballots, except that the votes must be used in combination with the vote taken at​ 201.24 a meeting and are not in lieu of holding a meeting, if a meeting is held, and are considered​ 201.25 for purposes of determining whether a quorum was present. Proxies may not be used for a​ 201.26 vote taken under this paragraph unless the unit owner executes the proxy after receipt of​ 201.27 the notice required under subsection (e)(1) and the proxy expressly references this notice.​ 201.28 (f) The association may intervene in a litigation or arbitration involving a construction​ 201.29 defect claim or assert a construction defect claim as a counterclaim, crossclaim, or third-party​ 201.30 claim before complying with subsections (e)(1) and (e)(2) but the association's complaint​ 201.31 in an intervention, counterclaim, crossclaim, or third-party claim shall be dismissed without​ 201.32 prejudice unless the association has complied with the requirements of subsection (e) within​ 201.33 90 days of the association's commencement of the complaint in an intervention or the​ 201.34 assertion of the counterclaim, crossclaim, or third-party claim.​ 201​ Article 15 Sec. 9.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 202.1 Sec. 10. Minnesota Statutes 2023 Supplement, section 524.5-313, is amended to read:​ 202.2 524.5-313 POWERS AND DUTIES OF GUARDIAN.​ 202.3 (a) A guardian shall be subject to the control and direction of the court at all times and​ 202.4 in all things.​ 202.5 (b) The court shall grant to a guardian only those powers necessary to provide for the​ 202.6 demonstrated needs of the person subject to guardianship.​ 202.7 (c) The court may appoint a guardian if it determines that all the powers and duties listed​ 202.8 in this section are needed to provide for the needs of the incapacitated person. The court​ 202.9 may also appoint a guardian if it determines that a guardian is needed to provide for the​ 202.10 needs of the incapacitated person through the exercise of some, but not all, of the powers​ 202.11 and duties listed in this section. The duties and powers of a guardian or those which the​ 202.12 court may grant to a guardian include, but are not limited to:​ 202.13 (1) the power to have custody of the person subject to guardianship and the power to​ 202.14 establish a place of abode within or outside the state, except as otherwise provided in this​ 202.15 clause. The person subject to guardianship or any interested person may petition the court​ 202.16 to prevent or to initiate a change in abode. A person subject to guardianship may not be​ 202.17 admitted to a regional treatment center by the guardian except:​ 202.18 (i) after a hearing under chapter 253B;​ 202.19 (ii) for outpatient services; or​ 202.20 (iii) for the purpose of receiving temporary care for a specific period of time not to​ 202.21 exceed 90 days in any calendar year;​ 202.22 (2) the duty to provide for the care, comfort, and maintenance needs of the person subject​ 202.23 to guardianship, including food, clothing, shelter, health care, social and recreational​ 202.24 requirements, and, whenever appropriate, training, education, and habilitation or​ 202.25 rehabilitation. The guardian has no duty to pay for these requirements out of personal funds.​ 202.26 Whenever possible and appropriate, the guardian should meet these requirements through​ 202.27 governmental benefits or services to which the person subject to guardianship is entitled,​ 202.28 rather than from the estate of the person subject to guardianship. Failure to satisfy the needs​ 202.29 and requirements of this clause shall be grounds for removal of a private guardian, but the​ 202.30 guardian shall have no personal or monetary liability;​ 202.31 (3) the duty to take reasonable care of the clothing, furniture, vehicles, and other personal​ 202.32 effects of the person subject to guardianship, and, if other property requires protection, the​ 202.33 power to seek appointment of a conservator of the estate. The guardian must give notice by​ 202​ Article 15 Sec. 10.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 203.1 mail to interested persons prior to the disposition of the clothing, furniture, vehicles, or​ 203.2 other personal effects of the person subject to guardianship. The notice must inform the​ 203.3 person of the right to object to the disposition of the property within ten days of the date of​ 203.4 mailing and to petition the court for a review of the guardian's proposed actions. Notice of​ 203.5 the objection must be served by mail or personal service on the guardian and the person​ 203.6 subject to guardianship unless the person subject to guardianship is the objector. The guardian​ 203.7 served with notice of an objection to the disposition of the property may not dispose of the​ 203.8 property unless the court approves the disposition after a hearing;​ 203.9 (4)(i) the power to give any necessary consent to enable the person subject to guardianship​ 203.10 to receive necessary medical or other professional care, counsel, treatment, or service, except​ 203.11 that no guardian may give consent for psychosurgery, electroshock, sterilization, or​ 203.12 experimental treatment of any kind unless the procedure is first approved by order of the​ 203.13 court as provided in this clause. The guardian shall not consent to any medical care for the​ 203.14 person subject to guardianship which violates the known conscientious, religious, or moral​ 203.15 belief of the person subject to guardianship;​ 203.16 (ii) a guardian who believes a procedure described in item (i) requiring prior court​ 203.17 approval to be necessary for the proper care of the person subject to guardianship, shall​ 203.18 petition the court for an order and, in the case of a public guardianship under chapter 252A,​ 203.19 obtain the written recommendation of the commissioner of human services. The court shall​ 203.20 fix the time and place for the hearing and shall give notice to the person subject to​ 203.21 guardianship in such manner as specified in section 524.5-308 and to interested persons.​ 203.22 The court shall appoint an attorney to represent the person subject to guardianship who is​ 203.23 not represented by counsel, provided that such appointment shall expire upon the expiration​ 203.24 of the appeal time for the order issued by the court under this section or the order dismissing​ 203.25 a petition, or upon such other time or event as the court may direct. In every case the court​ 203.26 shall determine if the procedure is in the best interest of the person subject to guardianship.​ 203.27 In making its determination, the court shall consider a written medical report which​ 203.28 specifically considers the medical risks of the procedure, whether alternative, less restrictive​ 203.29 methods of treatment could be used to protect the best interest of the person subject to​ 203.30 guardianship, and any recommendation of the commissioner of human services for a public​ 203.31 person subject to guardianship. The standard of proof is that of clear and convincing evidence;​ 203.32 (iii) in the case of a petition for sterilization of a person with developmental disabilities​ 203.33 subject to guardianship, the court shall appoint a licensed physician, a psychologist who is​ 203.34 qualified in the diagnosis and treatment of developmental disability, and a social worker​ 203.35 who is familiar with the social history and adjustment of the person subject to guardianship​ 203​ Article 15 Sec. 10.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 204.1 or the case manager for the person subject to guardianship to examine or evaluate the person​ 204.2 subject to guardianship and to provide written reports to the court. The reports shall indicate​ 204.3 why sterilization is being proposed, whether sterilization is necessary and is the least intrusive​ 204.4 method for alleviating the problem presented, and whether it is in the best interest of the​ 204.5 person subject to guardianship. The medical report shall specifically consider the medical​ 204.6 risks of sterilization, the consequences of not performing the sterilization, and whether​ 204.7 alternative methods of contraception could be used to protect the best interest of the person​ 204.8 subject to guardianship;​ 204.9 (iv) any person subject to guardianship whose right to consent to a sterilization has not​ 204.10 been restricted under this section or section 252A.101 may be sterilized only if the person​ 204.11 subject to guardianship consents in writing or there is a sworn acknowledgment by an​ 204.12 interested person of a nonwritten consent by the person subject to guardianship. The consent​ 204.13 must certify that the person subject to guardianship has received a full explanation from a​ 204.14 physician or registered nurse of the nature and irreversible consequences of the sterilization;​ 204.15 (v) a guardian or the public guardian's designee who acts within the scope of authority​ 204.16 conferred by letters of guardianship under section 252A.101, subdivision 7, and according​ 204.17 to the standards established in this chapter or in chapter 252A shall not be civilly or criminally​ 204.18 liable for the provision of any necessary medical care, including, but not limited to, the​ 204.19 administration of psychotropic medication or the implementation of aversive and deprivation​ 204.20 procedures to which the guardian or the public guardian's designee has consented;​ 204.21 (5) in the event there is no duly appointed conservator of the estate of the person subject​ 204.22 to guardianship, the guardian shall have the power to approve or withhold approval of any​ 204.23 contract, except for necessities, which the person subject to guardianship may make or wish​ 204.24 to make;​ 204.25 (6) the duty and power to exercise supervisory authority over the person subject to​ 204.26 guardianship in a manner which limits civil rights and restricts personal freedom only to​ 204.27 the extent necessary to provide needed care and services. A guardian may not restrict the​ 204.28 ability of the person subject to guardianship to communicate, visit, or interact with others,​ 204.29 including receiving visitors or making or receiving telephone calls, personal mail, or​ 204.30 electronic communications including through social media, or participating in social activities,​ 204.31 unless the guardian has good cause to believe restriction is necessary because interaction​ 204.32 with the person poses a risk of significant physical, psychological, or financial harm to the​ 204.33 person subject to guardianship, and there is no other means to avoid such significant harm.​ 204.34 In all cases, the guardian shall provide written notice of the restrictions imposed to the court,​ 204.35 to the person subject to guardianship, and to the person subject to restrictions. The person​ 204​ Article 15 Sec. 10.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 205.1 subject to guardianship or the person subject to restrictions may petition the court to remove​ 205.2 or modify the restrictions;​ 205.3 (7) if there is no acting conservator of the estate for the person subject to guardianship,​ 205.4 the guardian has the power to apply on behalf of the person subject to guardianship for any​ 205.5 assistance, services, or benefits available to the person subject to guardianship through any​ 205.6 unit of government;​ 205.7 (8) unless otherwise ordered by the court, the person subject to guardianship retains the​ 205.8 right to vote;​ 205.9 (9) the power to establish an ABLE account for a person subject to guardianship or​ 205.10 conservatorship. By this provision a guardian only has the authority to establish an ABLE​ 205.11 account, but may not administer the ABLE account in the guardian's capacity as guardian.​ 205.12 The guardian may appoint or name a person to exercise signature authority over an ABLE​ 205.13 account, including the individual selected by the eligible individual or the eligible individual's​ 205.14 agent under a power of attorney; conservator; spouse; parent; sibling; grandparent; or​ 205.15 representative payee, whether an individual or organization, appointed by the SSA, in that​ 205.16 order; and​ 205.17 (10) if there is no conservator appointed for the person subject to guardianship, the​ 205.18 guardian has the duty and power to institute suit on behalf of the person subject to​ 205.19 guardianship and represent the person subject to guardianship in expungement proceedings,​ 205.20 harassment proceedings, and all civil court proceedings, including but not limited to​ 205.21 restraining orders, orders for protection, name changes, conciliation court, housing court,​ 205.22 family court, probate court, and juvenile court, provided that a guardian may not settle or​ 205.23 compromise any claim or debt owed to the estate without court approval.​ 205.24 Sec. 11. Minnesota Statutes 2022, section 524.5-315, is amended to read:​ 205.25 524.5-315 RIGHTS AND IMMUNITIES OF GUARDIAN; LIMITATIONS.​ 205.26 (a) A guardian is entitled to reasonable compensation for services as guardian and to​ 205.27 reimbursement for expenditures made on behalf of the person subject to guardianship, in a​ 205.28 manner consistent with section 524.5-502.​ 205.29 (b) a guardian is not liable to a third person for acts of the person subject to guardianship​ 205.30 solely by reason of the relationship. A guardian who exercises reasonable care in choosing​ 205.31 a third person providing medical or other care, treatment, or service for the person subject​ 205.32 to guardianship is not liable for injury to the person subject to guardianship resulting from​ 205.33 the wrongful conduct of the third person.​ 205​ Article 15 Sec. 11.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 206.1 (c) A guardian may not revoke the health care directive of a person subject to guardianship​ 206.2 or conservatorship absent a court order.​ 206.3 (d) A guardian may not initiate the commitment of a person subject to guardianship to​ 206.4 an institution except in accordance with section 524.5-313.​ 206.5 (e) Failure to satisfy the duties of a guardian under section 524.5-313, paragraph (c),​ 206.6 shall be grounds for removal of a private guardian, but the guardian shall not be held liable​ 206.7 for acts or omissions made in the discharge of the guardian's duties except for acts or​ 206.8 omissions that result in harm to the person subject to guardianship and that constitute reckless​ 206.9 or willful misconduct, or gross negligence.​ 206.10 EFFECTIVE DATE. This section is effective August 1, 2024, and applies to causes​ 206.11 of action accruing on or after that date.​ 206.12 Sec. 12. Minnesota Statutes 2022, section 524.5-317, is amended to read:​ 206.13 524.5-317 TERMINATION OR MODIFICATION OF GUARDIANSHIP; COURT​ 206.14 ORDERS.​ 206.15 (a) A guardianship terminates upon the death of the person subject to guardianship, upon​ 206.16 the expiration of the duration of guardianship established in the order appointing the guardian,​ 206.17 or upon order of the court.​ 206.18 (b) On petition of any person interested in the welfare of the person subject to​ 206.19 guardianship the court may terminate a guardianship if the person subject to guardianship​ 206.20 no longer needs the assistance or protection of a guardian. The court may modify the type​ 206.21 of appointment or powers granted to the guardian if the extent of protection or assistance​ 206.22 previously granted is currently excessive or insufficient or the capacity of the person subject​ 206.23 to guardianship to provide for support, care, education, health, and welfare has so changed​ 206.24 as to warrant that action. The court may make any other order that is in the best interests of​ 206.25 the person subject to guardianship or may grant other appropriate relief.​ 206.26 (c) Except as otherwise ordered by the court for good cause, the court, before terminating​ 206.27 a guardianship, shall follow the same procedures to safeguard the rights of the person subject​ 206.28 to guardianship as apply to a petition for guardianship. Upon presentation by the petitioner​ 206.29 of evidence establishing a prima facie case for termination, the court shall order the​ 206.30 termination and discharge the guardian unless it is proven that continuation of the​ 206.31 guardianship is in the best interest of the person subject to guardianship.​ 206​ Article 15 Sec. 12.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 207.1 (d) Any documents or information disclosing or pertaining to health or financial​ 207.2 information shall be filed as confidential documents, consistent with the bill of particulars​ 207.3 under section 524.5-121.​ 207.4 (e) A guardian has the right to petition the court for discharge from the guardianship.​ 207.5 (f) If, after a good faith effort, the guardian is unable to find a successor guardian, the​ 207.6 guardian may petition the court for resignation. The court may allow the guardian to resign​ 207.7 if the resignation would not result in imminent substantial harm to the person subject to​ 207.8 guardianship based on clear and convincing evidence.​ 207.9 Sec. 13. Minnesota Statutes 2022, section 548.251, subdivision 2, is amended to read:​ 207.10 Subd. 2. Motion. In a civil action, whether based on contract or tort, when liability is​ 207.11 admitted or is determined by the trier of fact, and when damages include an award to​ 207.12 compensate the plaintiff for losses available to the date of the verdict by collateral sources,​ 207.13 a party may file a motion within ten days of the date of entry of the verdict requesting​ 207.14 determination of collateral sources. If the motion is filed, the parties shall submit written​ 207.15 evidence of, and the court shall determine:​ 207.16 (1) amounts of collateral sources that have been paid for the benefit of the plaintiff or​ 207.17 are otherwise available to the plaintiff as a result of losses except those for which a​ 207.18 subrogation right has been asserted; and​ 207.19 (2) amounts that have been paid, contributed, or forfeited by, or on behalf of, the plaintiff​ 207.20 or members of the plaintiff's immediate family for the two-year period immediately before​ 207.21 the accrual of the action and until judgment is entered to secure the right to a collateral​ 207.22 source benefit that the plaintiff is receiving as a result of losses.​ 207.23 EFFECTIVE DATE. This section is effective August 1, 2024, and applies to causes​ 207.24 of action commenced on or after that date.​ 207.25 Sec. 14. Minnesota Statutes 2022, section 563.01, is amended to read:​ 207.26 563.01 IN FORMA PAUPERIS PROCEEDINGS COURT FEE WAIVER;​ 207.27 AUTHORIZATION.​ 207.28 Subd. 2. Expenses. Whenever pursuant to this section the court directs expenses to be​ 207.29 paid, the expenses shall be paid by the state.​ 207.30 Subd. 3. Court fee waiver; authorization of in forma pauperis. (a) Any court of the​ 207.31 state of Minnesota or any political subdivision thereof may authorize the commencement​ 207​ Article 15 Sec. 14.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 208.1 or defense of any civil action, or appeal therein, without prepayment payment of fees, costs,​ 208.2 and security for costs by a natural person who makes affidavit stating (a) (1) the nature of​ 208.3 the action, defense or appeal, (b) (2) a belief that affiant is entitled to redress, and (c) (3)​ 208.4 that affiant is financially unable to pay the fees, costs and security for costs.​ 208.5 (b) Upon a finding by the court that the action, defense, or appeal is not of a frivolous​ 208.6 nature, the court shall allow the person to proceed in forma pauperis without payment of​ 208.7 fees, costs, and security for costs if the affidavit is substantially in the language required by​ 208.8 this subdivision and is not found by the court to be untrue. Persons meeting presumed to​ 208.9 meet the requirements of this subdivision include, but are not limited to, a person who is​ 208.10 receiving public assistance described in section 550.37, subdivision 14, who is represented​ 208.11 by an attorney on behalf of a civil legal services program or a volunteer attorney program​ 208.12 based on indigency, or who has an annual income not greater than 125 percent of the poverty​ 208.13 line established under United States Code, title 42, section 9902(2), except as otherwise​ 208.14 provided by section 563.02.​ 208.15 (c) If, at commencement of the action, the court finds that a party does not meet the​ 208.16 eligibility criteria under paragraph (b), but the court also finds that the party is not able to​ 208.17 pay all of the fees, costs, and security for costs, the court may order payment of a fee of $75​ 208.18 or partial payment of the fees, costs, and security for costs, to be paid as directed by the​ 208.19 court.​ 208.20 The court administrator shall transmit any fees or payments to the commissioner of​ 208.21 management and budget for deposit in the state treasury and credit to the general fund.​ 208.22 (d) Notwithstanding paragraph (a), a person who is represented by a civil legal services​ 208.23 program or a volunteer attorney program based on indigency may be allowed to proceed​ 208.24 without payment of fees, costs, and security for costs without additional findings if the​ 208.25 attorney representing the person submits an affidavit or makes an oral attestation during a​ 208.26 court proceeding stating that civil legal services or a volunteer attorney program services​ 208.27 are being provided to the client.​ 208.28 Subd. 4. Payment of expenses. Upon order of the court, the court administrator and the​ 208.29 sheriff of any Minnesota county shall perform their duties without charge to the person​ 208.30 proceeding in forma pauperis with a court fee waiver. The court shall direct payment of the​ 208.31 reasonable expense of service of process pursuant to subdivision 2 if served by a private​ 208.32 process server, if the sheriff is unavailable, or by publication.​ 208.33 Subd. 5. Witness fees. If the court finds that a witness, including an expert witness, has​ 208.34 evidence material and necessary to the case and is within the state of Minnesota, the court​ 208​ Article 15 Sec. 14.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 209.1 shall direct payment of the reasonable expenses incurred in subpoenaing the witness, if​ 209.2 necessary, and in paying the fees and costs of the witness.​ 209.3 Subd. 6. Deposition expenses. If the court finds that a deposition and transcript thereof​ 209.4 are necessary to adequately prepare, present or decide an issue presented by the action, the​ 209.5 court shall direct payment of the reasonable expenses incurred in taking the deposition and​ 209.6 in obtaining the transcript thereof.​ 209.7 Subd. 7. Transcript expenses. If the court finds that a transcript of any part or all of​ 209.8 the action is necessary to adequately prepare, present or decide an issue presented by the​ 209.9 action, the court shall direct the payment of the reasonable expenses incurred in obtaining​ 209.10 the transcript.​ 209.11 Subd. 7a. Copy costs. The court administrator shall provide a person who is proceeding​ 209.12 in forma pauperis with a court fee waiver under subdivision 3 with a copy of the person's​ 209.13 court file without charge.​ 209.14 Subd. 8. Appellate briefs. In any case on appeal the appellate court shall, upon granting​ 209.15 permission to proceed in forma pauperis following application in the manner with a court​ 209.16 fee waiver as provided in subdivision 3, direct payment of the reasonable expenses incurred​ 209.17 in obtaining the record and reproducing the appellate briefs.​ 209.18 Subd. 8a. Reimbursement. Following commencement of the action, the court may order​ 209.19 reimbursement of all or a portion of any fees, costs, and security for costs if the party either​ 209.20 (1) no longer meets the eligibility criteria under subdivision 3, paragraph (b); or (2) the​ 209.21 amount ordered under subdivision 3, paragraph (c), is no longer appropriate because the​ 209.22 party is able to pay a higher amount. The reimbursement must be paid as directed by the​ 209.23 court.​ 209.24 Subd. 9. Rescinding in forma pauperis status court fee waiver authorization. Upon​ 209.25 motion, the court may rescind its permission to proceed in forma pauperis with a court fee​ 209.26 waiver under subdivision 3 if it finds the allegations of poverty contained in the affidavit​ 209.27 are untrue, or if, following commencement of the action, the party becomes able to pay the​ 209.28 fees, costs and security for the costs. In such cases, the court may direct the party to pay to​ 209.29 the court administrator any costs allowing the action to proceed. The court administrator​ 209.30 shall transmit the costs to the commissioner of management and budget for deposit in the​ 209.31 state treasury and credit them to the general fund.​ 209.32 Subd. 10. Judgment. Judgment may be rendered for costs at the conclusion of the action​ 209.33 as in other cases. In the event any person recovers moneys by either settlement or judgment​ 209.34 as a result of commencing or defending an action in forma pauperis with a court fee waiver​ 209​ Article 15 Sec. 14.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 210.1 under subdivision 3, the costs deferred and the expenses directed by the court to be paid​ 210.2 under this section shall be included in such moneys and shall be paid directly to the court​ 210.3 administrator by the opposing party. The court administrator shall transmit the costs to the​ 210.4 commissioner of management and budget for deposit in the state treasury and credit them​ 210.5 to the general fund.​ 210.6 Subd. 11. Fraud; perjury. A person who fraudulently invokes the privilege of this​ 210.7 section shall be guilty of perjury and shall, upon conviction thereof, be punished as provided​ 210.8 in section 609.48.​ 210.9 Subd. 12. Not supersede other remedies. The provisions of this section do not replace​ 210.10 or supersede remedies otherwise provided by law.​ 210.11 ARTICLE 16​ 210.12 CONTRACTS FOR DEED​ 210.13 Section 1. Minnesota Statutes 2022, section 272.12, is amended to read:​ 210.14 272.12 CONVEYANCES, TAXES PAID BEFORE RECORDING.​ 210.15 When:​ 210.16 (a) a deed or other instrument conveying land,​ 210.17 (b) a plat of any townsite or addition thereto,​ 210.18 (c) a survey required pursuant to section 508.47,​ 210.19 (d) a condominium plat subject to chapter 515 or 515A or a declaration that contains​ 210.20 such a plat, or​ 210.21 (e) a common interest community plat subject to chapter 515B or a declaration that​ 210.22 contains such a plat,​ 210.23 is presented to the county auditor for transfer, the auditor shall ascertain from the records​ 210.24 if there be taxes delinquent upon the land described therein within four months of the​ 210.25 execution of the contract for deed, or if it has been sold for taxes. An assignment of a sheriff's​ 210.26 or referee's certificate of sale, when the certificate of sale describes real estate, and certificates​ 210.27 of redemption from mortgage or lien foreclosure sales, when the certificate of redemption​ 210.28 encompasses real estate and is issued to a junior creditor, are considered instruments​ 210.29 conveying land for the purposes of this section and section 272.121. If there are taxes​ 210.30 delinquent, the auditor shall certify to the same; and upon payment of such taxes, or in case​ 210.31 no taxes are delinquent, shall transfer the land upon the books of the auditor's office, and​ 210.32 note upon the instrument, over official signature, the words, "no delinquent taxes and transfer​ 210​ Article 16 Section 1.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 211.1 entered," or, if the land described has been sold or assigned to an actual purchaser for taxes,​ 211.2 the words "paid by sale of land described within;" and, unless such statement is made upon​ 211.3 such instrument, the county recorder or the registrar of titles shall refuse to receive or record​ 211.4 the same; provided, that sheriff's or referees' certificates of sale on execution or foreclosure​ 211.5 of a lien or mortgage, certificates of redemption from mortgage or lien foreclosure sales​ 211.6 issued to the redeeming mortgagor or lienee, documents evidencing the termination of a​ 211.7 contract for deed as described in section 559.213, deeds of distribution made by a personal​ 211.8 representative in probate proceedings, transfer on death deeds under section 507.071, decrees​ 211.9 and judgments, receivers receipts, patents, and copies of town or statutory city plats, in case​ 211.10 the original plat filed in the office of the county recorder has been lost or destroyed, and​ 211.11 the instruments releasing, removing and discharging reversionary and forfeiture provisions​ 211.12 affecting title to land and instruments releasing, removing or discharging easement rights​ 211.13 in land or building or other restrictions, may be recorded without such certificate; and,​ 211.14 provided that instruments conveying land and, as appurtenant thereto an easement over​ 211.15 adjacent tract or tracts of land, may be recorded without such certificate as to the land​ 211.16 covered by such easement; and provided further, that any instrument granting an easement​ 211.17 made in favor of any public utility or pipe line for conveying gas, liquids or solids in​ 211.18 suspension, in the nature of a right-of-way over, along, across or under a tract of land may​ 211.19 be recorded without such certificate as to the land covered by such easement. Documents​ 211.20 governing homeowners associations of condominiums, townhouses, common interest​ 211.21 ownership communities, and other planned unit developments may be recorded without the​ 211.22 auditor's certificate to the extent provided in section 515B.1-116(e).​ 211.23 A deed of distribution made by a personal representative in a probate proceeding, a​ 211.24 decree, or a judgment that conveys land shall be presented to the county auditor, who shall​ 211.25 transfer the land upon the books of the auditor's office and note upon the instrument, over​ 211.26 official signature, the words, "transfer entered", and the instrument may then be recorded.​ 211.27 A decree or judgment that affects title to land but does not convey land may be recorded​ 211.28 without presentation to the auditor.​ 211.29 A violation of this section by the county recorder or the registrar of titles shall be a gross​ 211.30 misdemeanor, and, in addition to the punishment therefor, the recorder or registrar shall be​ 211.31 liable to the grantee of any instrument so recorded for the amount of any damages sustained.​ 211.32 When, as a condition to permitting the recording of deed or other instrument affecting​ 211.33 the title to real estate previously forfeited to the state under the provisions of sections 281.16​ 211.34 to 281.25, county officials, after such real estate has been purchased or repurchased, have​ 211.35 required the payment of taxes erroneously assumed to have accrued against such real estate​ 211​ Article 16 Section 1.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 212.1 after forfeiture and before the date of purchase or repurchase, the sum required to be so paid​ 212.2 shall be refunded to the persons entitled thereto out of moneys in the funds in which the​ 212.3 sum so paid was placed. Delinquent taxes are those taxes deemed delinquent under section​ 212.4 279.02.​ 212.5 EFFECTIVE DATE. This section is effective the day following final enactment.​ 212.6 Sec. 2. Minnesota Statutes 2022, section 507.235, subdivision 1a, is amended to read:​ 212.7 Subd. 1a. Requirements of vendor. (a) A vendor entering into a contract for deed​ 212.8 involving residential real property must, contemporaneously with the execution of the​ 212.9 contract for deed:​ 212.10 (1) deliver to the vendee a copy of the contract for deed containing original signatures​ 212.11 in recordable form; and.​ 212.12 (2) (b) Within four months of the execution of the contract for deed, the vendor must:​ 212.13 (1) pay, or reimburse the vendee for payment of, any delinquent taxes necessary for​ 212.14 recordation of the contract for deed, unless the contract for deed provides for the vendee to​ 212.15 pay the delinquent taxes; and​ 212.16 (2) record the contract for deed in the office of the county recorder or registrar of titles​ 212.17 in the county in which the land is located.​ 212.18 (c) The following statement included in a contract for deed for other than residential​ 212.19 real property shall constitute prima facie evidence that this subdivision does not apply: "The​ 212.20 property is not residential real property."​ 212.21 (d) If the contract for deed is not in recordable form, within four months of the execution​ 212.22 of the contract for deed, the vendor must make a good faith effort to correct the defects that​ 212.23 rendered the contract unrecordable. A good faith effort includes but is not limited to​ 212.24 determining the reason or reasons why the contract was not in recordable form, and revising​ 212.25 and, if necessary, having all parties re-execute, the contract to render it in recordable form.​ 212.26 The vendee must, in good faith, cooperate with the vendor to the extent that cooperation is​ 212.27 necessary to correct the defects.​ 212.28 (b) (e) For purposes of this subdivision:​ 212.29 (1) "contract for deed" means an executory contract for the conveyance of residential​ 212.30 real property under which the seller provides financing for the purchase of the residential​ 212.31 real property and under which the purchaser does or has a right to go into possession.​ 212.32 Contract for deed does not include:​ 212​ Article 16 Sec. 2.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 213.1 (i) a purchase agreement;​ 213.2 (ii) an earnest money contract;​ 213.3 (iii) an exercised option or a lease, including a lease with an option to purchase; or​ 213.4 (iv) a mortgage, as defined in section 287.01; and​ 213.5 (2) "residential real property" means real property occupied, or intended to be occupied,​ 213.6 by one to four families, if the purchaser intends to occupy the real property consisting of​ 213.7 one to four family dwelling units, one of which is intended to be occupied as the principal​ 213.8 place of residence by:​ 213.9 (i) the purchaser;​ 213.10 (ii) if the purchaser is an entity, the natural person who is the majority or controlling​ 213.11 owner of the entity; or​ 213.12 (iii) if the purchaser is a trust, the settlor of the trust.​ 213.13 Residential real property does not include property subject to a family farm security loan​ 213.14 or a transaction subject to sections 583.20 to 583.32.​ 213.15 (f) The performance of the obligations by the vendor required under this subdivision​ 213.16 satisfies any of the obligations of the original vendee, as required under subdivision 1.​ 213.17 (g) The requirements of this subdivision may not be waived or altered by any provision​ 213.18 in a contract for deed. A provision in a contract for deed to the contrary is void and​ 213.19 unenforceable.​ 213.20 EFFECTIVE DATE. This section is effective August 1, 2024, and applies to all contracts​ 213.21 for deed executed by all parties on or after that date.​ 213.22 Sec. 3. Minnesota Statutes 2022, section 507.235, subdivision 5, is amended to read:​ 213.23 Subd. 5. Civil enforcement. (a) A city in which the land is located or, if the land is not​ 213.24 located within a city, the county in which the land is located, may enforce the provisions​ 213.25 of this section. The city or county may bring an action to compel the recording of a contract​ 213.26 for deed or any assignments of a contract for deed, an action to impose the civil penalty, or​ 213.27 an action to compel disclosure of information.​ 213.28 (b) Prior to bringing an action under this subdivision to compel recording or to impose​ 213.29 the penalty, or an action under subdivision 4, the city or county must provide written notice​ 213.30 to the person, subject to subdivision 1, of the person's duty to record the contract for deed​ 213​ Article 16 Sec. 3.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 214.1 or the assignment. If the person so notified fails to record the contract for deed or assignment​ 214.2 documents within 14 days of receipt of the notice, an action may be brought.​ 214.3 (c) It is an affirmative defense in an enforcement action under this section that the contract​ 214.4 for deed or assignment document is not recordable, or that section 272.121 prohibits the​ 214.5 recording of the contract for deed or assignment, and that the defendant has provided to the​ 214.6 city or county attorney true and correct copies of the documents within 14 days after receipt​ 214.7 of the notice.​ 214.8 (d) In an action brought under this subdivision, the city or county attorney may recover​ 214.9 costs and disbursements, including reasonable attorney fees.​ 214.10 EFFECTIVE DATE. This section is effective the day following final enactment.​ 214.11 Sec. 4. Minnesota Statutes 2022, section 513.73, subdivision 3, is amended to read:​ 214.12 Subd. 3. Private transfer fee. "Private transfer fee" means a fee or charge required by​ 214.13 a private transfer fee obligation and payable upon the transfer of an interest in real property,​ 214.14 or payable for the right to make or accept the transfer, regardless of whether the fee or​ 214.15 charge is a fixed amount or is determined as a percentage of the value of the property, the​ 214.16 purchase price, or other consideration given for the transfer. The following are not private​ 214.17 transfer fees for purposes of this section:​ 214.18 (1) consideration payable by the grantee to the grantor for the interest in real property​ 214.19 being transferred, including any subsequent additional consideration for the property payable​ 214.20 by the grantee based upon any subsequent appreciation, development, or sale of the property,​ 214.21 provided that the additional consideration is payable on a onetime basis only, and the​ 214.22 obligation to make the payment does not bind successors in title to the property. For the​ 214.23 purposes of this clause, an interest in real property may include a separate mineral estate​ 214.24 and its appurtenant surface access rights;​ 214.25 (2) commission payable to a licensed real estate broker for the transfer of real property​ 214.26 pursuant to an agreement between the broker and the grantor or the grantee, including any​ 214.27 subsequent additional commission for that transfer payable by the grantor or the grantee​ 214.28 based upon any subsequent appreciation, development, or sale of the property;​ 214.29 (3) interest, charges, fees, or other amounts payable by a borrower to a lender pursuant​ 214.30 to a loan secured by a mortgage against real property, including but not limited to a fee​ 214.31 payable to the lender for consenting to an assumption of the loan or a transfer of the real​ 214.32 property subject to the mortgage, fees, or charges payable to the lender for estoppel letters​ 214​ Article 16 Sec. 4.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 215.1 or certificates, and shared appreciation interest or profit participation or other consideration​ 215.2 and payable to the lender in connection with the loan;​ 215.3 (4) rent, reimbursement, charge, fee, or other amount payable by a lessee to a lessor​ 215.4 under a lease, including but not limited to a fee payable to the lessor for consenting to an​ 215.5 assignment, subletting, encumbrance, or transfer of the lease;​ 215.6 (5) consideration payable to the holder of an option to purchase an interest in real property​ 215.7 or the holder of a right of first refusal or first offer to purchase an interest in real property​ 215.8 for waiving, releasing, or not exercising the option or right upon the transfer of the property​ 215.9 to another person;​ 215.10 (6) consideration payable by a contract for deed vendee to the vendor pursuant to the​ 215.11 terms of a recorded contract for deed, including any subsequent additional consideration​ 215.12 for the property payable by the vendee based upon any subsequent appreciation, development,​ 215.13 or sale of the property;​ 215.14 (7) (6) a tax, fee, charge, assessment, fine, or other amount payable to or imposed by a​ 215.15 governmental authority;​ 215.16 (8) (7) a fee, charge, assessment, fine, or other amount payable to a homeowner's​ 215.17 condominium, cooperative, mobile home, or property owner's association pursuant to a​ 215.18 declaration or covenant or law applicable to the association, including but not limited to​ 215.19 fees or charges payable for estoppel letters or certificates issued by the association or its​ 215.20 authorized agent;​ 215.21 (9) (8) a fee, a charge, an assessment, dues, a contribution, or other amount pertaining​ 215.22 to the purchase or transfer of a club membership relating to real property owned by the​ 215.23 member, including but not limited to any amount determined by reference to the value,​ 215.24 purchase price, or other consideration given for the transfer of the real property; and​ 215.25 (10) (9) a mortgage from the purchaser of real property granted to the seller or to a​ 215.26 licensed real estate broker.​ 215.27 EFFECTIVE DATE. This section is effective the day following final enactment.​ 215.28 Sec. 5. Minnesota Statutes 2022, section 559.21, subdivision 2a, is amended to read:​ 215.29 Subd. 2a. For post 7/31/1985 contract. If a default occurs in the conditions of a contract​ 215.30 for the conveyance of real estate or an interest in real estate executed on or after August 1,​ 215.31 1985, that gives the seller a right to terminate it, the seller may terminate the contract by​ 215.32 serving upon the purchaser or the purchaser's personal representatives or assigns, within or​ 215​ Article 16 Sec. 5.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 216.1 outside of the state, a notice specifying the conditions in which default has been made. The​ 216.2 notice must state that the contract will terminate 60 days, or a shorter period allowed or a​ 216.3 longer period required in subdivision 4, after the service of the notice, unless prior to the​ 216.4 termination date the purchaser:​ 216.5 (1) complies with the conditions in default;​ 216.6 (2) makes all payments due and owing to the seller under the contract through the date​ 216.7 that payment is made;​ 216.8 (3) pays the costs of service of the notice, including the reasonable costs of service by​ 216.9 sheriff, public officer, or private process server; except payment of costs of service is not​ 216.10 required unless the seller notifies the purchaser of the actual costs of service by certified​ 216.11 mail to the purchaser's last known address at least ten days prior to the date of termination;​ 216.12 (4) except for earnest money contracts, purchase agreements, and exercised options,​ 216.13 pays two percent of any amount in default at the time of service, not including the final​ 216.14 balloon payment, any taxes, assessments, mortgages, or prior contracts that are assumed by​ 216.15 the purchaser; and​ 216.16 (5) if the contract for deed is executed on or after August 1, 2024, pays an amount to​ 216.17 apply on attorneys' fees actually expended or incurred of $1,000; if the contract is executed​ 216.18 on or after August 1, 1999, and before August 1, 2024, pays an amount to apply on attorneys'​ 216.19 fees actually expended or incurred, of $250 if the amount in default is less than $1,000, and​ 216.20 of $500 if the amount in default is $1,000 or more; or if the contract is executed before​ 216.21 August 1, 1999, pays an amount to apply on attorneys' fees actually expended or incurred,​ 216.22 of $125 if the amount in default is less than $750, and of $250 if the amount in default is​ 216.23 $750 or more; except that no amount for attorneys' fees is required to be paid unless some​ 216.24 part of the conditions of default has existed for at least 30 days prior to the date of service​ 216.25 of the notice.​ 216.26 EFFECTIVE DATE. This section is effective August 1, 2024.​ 216.27 Sec. 6. Minnesota Statutes 2022, section 559.21, subdivision 4, is amended to read:​ 216.28 Subd. 4. Law prevails over contract; procedure; conditions. (a) The notice required​ 216.29 by this section must be given notwithstanding any provisions in the contract to the contrary,​ 216.30 except that (1) earnest money contracts, purchase agreements, and exercised options that​ 216.31 are subject to this section may, unless by their terms they provide for a longer termination​ 216.32 period, be terminated on 30 days' notice, or may be canceled under section 559.217 and (2)​ 216.33 contracts for deed executed by an investor seller shall be terminated on 90 days' notice. The​ 216​ Article 16 Sec. 6.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 217.1 notice must be served within the state in the same manner as a summons in the district court,​ 217.2 and outside of the state, in the same manner, and without securing any sheriff's return of​ 217.3 not found, making any preliminary affidavit, mailing a copy of the notice or doing any other​ 217.4 preliminary act or thing whatsoever. Service of the notice outside of the state may be proved​ 217.5 by the affidavit of the person making the same, made before an authorized officer having​ 217.6 a seal, and within the state by such an affidavit or by the return of the sheriff of any county​ 217.7 therein.​ 217.8 (b) If a person to be served is a resident individual who has departed from the state, or​ 217.9 cannot be found in the state; or is a nonresident individual or a foreign corporation,​ 217.10 partnership, or association, service may be made by publication as provided in this paragraph.​ 217.11 Three weeks' published notice has the same effect as personal service of the notice. The​ 217.12 published notice must comply with subdivision 3 and state (1) that the person to be served​ 217.13 is allowed 90 days after the first date of publication of the notice to comply with the​ 217.14 conditions of the contract, and (2) that the contract will terminate 90 days after the first date​ 217.15 of publication of the notice, unless before the termination date the purchaser complies with​ 217.16 the notice. If the real estate described in the contract is actually occupied, then, in addition​ 217.17 to publication, a person in possession must be personally served, in like manner as the​ 217.18 service of a summons in a civil action in state district court, within 30 days after the first​ 217.19 date of publication of the notice. If an address of a person to be served is known, then within​ 217.20 30 days after the first date of publication of the notice a copy of the notice must be mailed​ 217.21 to the person's last known address by first class mail, postage prepaid.​ 217.22 (c) The contract is reinstated if, within the time mentioned, the person served:​ 217.23 (1) complies with the conditions in default;​ 217.24 (2) if subdivision 1d or 2a applies, makes all payments due and owing to the seller under​ 217.25 the contract through the date that payment is made;​ 217.26 (3) pays the costs of service as provided in subdivision 1b, 1c, 1d, or 2a;​ 217.27 (4) if subdivision 2a applies, pays two percent of the amount in default, not including​ 217.28 the final balloon payment, any taxes, assessments, mortgages, or prior contracts that are​ 217.29 assumed by the purchaser; and​ 217.30 (5) pays attorneys' fees as provided in subdivision 1b, 1c, 1d, or 2a.​ 217.31 (d) The contract is terminated if the provisions of paragraph (c) are not met.​ 217.32 (e) In the event that the notice was not signed by an attorney for the seller and the seller​ 217.33 is not present in the state, or cannot be found in the state, then compliance with the conditions​ 217​ Article 16 Sec. 6.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 218.1 specified in the notice may be made by paying to the court administrator of the district court​ 218.2 in the county wherein the real estate or any part thereof is situated any money due and filing​ 218.3 proof of compliance with other defaults specified, and the court administrator of the district​ 218.4 court shall be deemed the agent of the seller for such purposes. A copy of the notice with​ 218.5 proof of service thereof, and the affidavit of the seller, the seller's agent or attorney, showing​ 218.6 that the purchaser has not complied with the terms of the notice, may be recorded with the​ 218.7 county recorder or registrar of titles, and is prima facie evidence of the facts stated in it; but​ 218.8 this section in no case applies to contracts for the sale or conveyance of lands situated in​ 218.9 another state or in a foreign country. If the notice is served by publication, the affidavit must​ 218.10 state that the affiant believes that the party to be served is not a resident of the state, or​ 218.11 cannot be found in the state, and either that the affiant has mailed a copy of the notice by​ 218.12 first class mail, postage prepaid, to the party's last known address, or that such address is​ 218.13 not known to the affiant.​ 218.14 (f) No notice under this section may be given for a contract for deed executed by an​ 218.15 investor seller unless, at least 30 days prior to the service of the notice, some part of the​ 218.16 conditions of default has existed and the investor seller has notified the purchaser of such​ 218.17 conditions of default by certified mail to the purchaser's last known address.​ 218.18 (g) For purposes of this subdivision, "investor seller" has the meaning given in section​ 218.19 559A.01, subdivision 6.​ 218.20 EFFECTIVE DATE. This section is effective August 1, 2024.​ 218.21 Sec. 7. Minnesota Statutes 2022, section 559.21, is amended by adding a subdivision to​ 218.22 read:​ 218.23 Subd. 4a. Termination prohibited for certain transfers regarding residential real​ 218.24 property. (a) Notwithstanding any provisions in a contract for deed to the contrary, the​ 218.25 notice under this section may not be given and no other remedies may be exercised for any​ 218.26 contract for deed based on any of the following transfers:​ 218.27 (1) a transfer on death deed conveying or assigning the deceased purchaser's interest in​ 218.28 the property to a grantee beneficiary;​ 218.29 (2) a transfer by devise, descent, or operation of law on the death of a joint tenant occurs;​ 218.30 (3) a transfer by which the spouse or children of the purchaser become an owner of the​ 218.31 property;​ 218​ Article 16 Sec. 7.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 219.1 (4) a transfer resulting from a decree of a dissolution of marriage, legal separation​ 219.2 agreement, or from an incidental property settlement agreement, by which the spouse of​ 219.3 the purchaser becomes an owner of the property; or​ 219.4 (5) a transfer into an inter vivos trust by which the purchaser is and remains a beneficiary​ 219.5 and which does not relate to a transfer of rights of occupancy in the property.​ 219.6 (b) For the purposes of this subdivision, "contract for deed" has the meaning given in​ 219.7 section 507.235, subdivision 1a, paragraph (e).​ 219.8 EFFECTIVE DATE. This section is effective August 1, 2024, and applies to all contracts​ 219.9 for deed executed by all parties on or after that date.​ 219.10 Sec. 8. Minnesota Statutes 2022, section 559.21, is amended by adding a subdivision to​ 219.11 read:​ 219.12 Subd. 4b. Termination prohibited if vendor fails to record contracts for deed​ 219.13 involving residential real property. (a) Notwithstanding subdivision 2a or any provision​ 219.14 to the contrary in a contract for deed, a vendor may not terminate a contract for deed under​ 219.15 this section if the contract has not been recorded as required under section 507.235,​ 219.16 subdivision 1a, paragraph (b), and the vendor has failed to make a good faith effort to record​ 219.17 the contract as provided under section 507.235, subdivision 1a, paragraph (d).​ 219.18 (b) Nothing contained in this subdivision bars judicial termination of a contract for deed.​ 219.19 (c) For the purposes of this subdivision, "contract for deed" has the meaning given in​ 219.20 section 507.235, subdivision 1a, paragraph (e).​ 219.21 EFFECTIVE DATE. This section is effective August 1, 2024, and applies to all contracts​ 219.22 for deed executed by all parties on or after that date.​ 219.23 Sec. 9. Minnesota Statutes 2022, section 559.21, is amended by adding a subdivision to​ 219.24 read:​ 219.25 Subd. 9. Affidavit of seller constituting prima facie evidence. In any instance where​ 219.26 the copy of the notice of default, proof of service of the notice, and an affidavit showing​ 219.27 that the purchaser has not complied with the terms of the notice have been or may be​ 219.28 recorded, an affidavit of the seller, the seller's agent, or attorney verified by a person having​ 219.29 knowledge of the facts and attesting that the property is not residential real property, the​ 219.30 seller is not an investor seller or the seller has complied with the requirements of subdivision​ 219.31 4, paragraph (f), may be recorded with the county recorder or registrar of titles and is prima​ 219.32 facie evidence of the facts stated in the affidavit.​ 219​ Article 16 Sec. 9.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 220.1 EFFECTIVE DATE. This section is effective August 1, 2024, and applies to contracts​ 220.2 for deed executed by all parties on or after that date.​ 220.3 Sec. 10. Minnesota Statutes 2022, section 559.211, subdivision 1, is amended to read:​ 220.4 Subdivision 1. Order; proceedings; security. (a) In an action arising under or in relation​ 220.5 to a contract for the conveyance of real estate or any interest therein, the district court,​ 220.6 notwithstanding the service or publication pursuant to the provisions of section 559.21 of​ 220.7 a notice of termination of the contract, has the authority at any time prior to the effective​ 220.8 date of termination of the contract and subject to the requirements of rule 65 of the Rules​ 220.9 of Civil Procedure for the District Courts to enter an order temporarily restraining or enjoining​ 220.10 further proceedings to effectuate the termination of the contract, including recording of the​ 220.11 notice of termination with proof of service, recording of an affidavit showing noncompliance​ 220.12 with the terms of the notice, taking any action to recover possession of the real estate, or​ 220.13 otherwise interfering with the purchaser's lawful use of the real estate. In the action, the​ 220.14 purchaser may plead affirmatively any matter that would constitute a defense to an action​ 220.15 to terminate the contract.​ 220.16 (b) Upon a motion for a temporary restraining order the court has the discretion,​ 220.17 notwithstanding any rule of court to the contrary, to grant the order without requiring the​ 220.18 giving of any security or undertaking, and in exercising that discretion, the court shall​ 220.19 consider, as one factor, the moving party's ability to afford monetary security. Upon a motion​ 220.20 for a temporary injunction, the court shall condition the granting of the order either upon​ 220.21 the tender to the court or vendor of installments as they become due under the contract or​ 220.22 upon the giving of other security in a sum as the court deems proper. Upon written​ 220.23 application, the court may disburse from payments tendered to the court an amount the court​ 220.24 determines necessary to insure the timely payment of property taxes, property insurance,​ 220.25 installments of special assessments, mortgage installments, prior contract for deed​ 220.26 installments or other similar expenses directly affecting the real estate, or for any other​ 220.27 purpose the court deems just.​ 220.28 (c) If a temporary restraining order or injunction is granted pursuant to this subdivision,​ 220.29 the contract shall not terminate until the expiration of 15 days after the entry of the order​ 220.30 or decision dissolving or modifying the temporary restraining order or injunction. If the​ 220.31 vendor has made an appearance and the restraining order or injunction is granted, the court​ 220.32 may award court filing fees, reasonable attorneys' fees, and costs of service to the purchaser.​ 220.33 (d) If the court subsequently grants permanent relief to the purchaser or determines by​ 220.34 final order or judgment that the notice of termination was invalid or the purchaser asserted​ 220​ Article 16 Sec. 10.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 221.1 a valid defense, the purchaser is entitled to an order granting court filing fees, reasonable​ 221.2 attorneys' fees, and costs of service.​ 221.3 EFFECTIVE DATE. This section is effective August 1, 2024.​ 221.4 Sec. 11. Minnesota Statutes 2022, section 559.213, is amended to read:​ 221.5 559.213 PRIMA FACIE EVIDENCE OF TERMINATION.​ 221.6 The recording, heretofore or hereafter, of the copy of notice of default, proof of service​ 221.7 thereof, and the affidavit showing that the purchaser has not complied with the terms of the​ 221.8 notice, provided for by Minnesota Statutes 1941, section 559.21, shall be prima facie evidence​ 221.9 that the contract referred to in such notice has been terminated. It shall not be necessary to​ 221.10 pay current or delinquent real estate taxes owed on the real property which is the subject of​ 221.11 the contract to record the documents required by this section, provided that the documents​ 221.12 must be first presented to the county auditor for entry upon the transfer record and must​ 221.13 have "Transfer Entered" noted in them over the county auditor's official signature.​ 221.14 EFFECTIVE DATE. This section is effective the day following final enactment.​ 221.15 Sec. 12. [559A.01] CONTRACTS FOR DEED INVOLVING INVESTOR SELLERS​ 221.16 AND RESIDENTIAL REAL PROPERTY; DEFINITIONS.​ 221.17 Subdivision 1. Application. The definitions in this section apply to sections 559A.01​ 221.18 to 559A.05.​ 221.19 Subd. 2. Balloon payment. "Balloon payment" means a scheduled payment of principal,​ 221.20 interest, or both under a contract for deed that is significantly larger than the regular​ 221.21 installment payments and that may be due prior to the end of the contract term or may be​ 221.22 the final payment that satisfies the contract.​ 221.23 Subd. 3. Churning. "Churning" means the act of an investor seller executing a contract​ 221.24 for deed on or after August 1, 2024, if previously the investor had frequently or repeatedly​ 221.25 executed contracts for deed and subsequently terminated those contracts under section​ 221.26 559.21.​ 221.27 Subd. 4. Contract for deed. "Contract for deed" has the meaning given in section​ 221.28 507.235, subdivision 1a.​ 221.29 Subd. 5. Investor seller. (a) "Investor seller" means a person entering into a contract​ 221.30 for deed to sell residential real property, or, in the event of a transfer or assignment of the​ 221.31 seller's interest, the holder of the interest.​ 221​ Article 16 Sec. 12.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 222.1 (b) An investor seller does not include a person entering into a contract for deed who​ 222.2 is:​ 222.3 (1) a natural person who has owned and occupied the residential real property as the​ 222.4 natural person's primary residence for a continuous 12-month period at any time prior to​ 222.5 the execution of the contract for deed;​ 222.6 (2) any spouse, parent, child, sibling, grandparent, grandchild, uncle, aunt, niece, nephew,​ 222.7 or cousin of the natural person;​ 222.8 (3) a personal representative of the natural person;​ 222.9 (4) a devisee of the natural person;​ 222.10 (5) a grantee under a transfer on death deed made by the natural person; or​ 222.11 (6) a trust whose settlor is the natural person;​ 222.12 (7) a trust whose beneficiary is a natural person where the trust or the natural person, or​ 222.13 a combination of the two, has owned, and the natural person has occupied, the residential​ 222.14 real property as the natural person's primary residence for a continuous 12-month period at​ 222.15 any time prior to the execution of the contract for deed, or any spouse, parent, child, sibling,​ 222.16 grandparent, grandchild, uncle, aunt, niece, nephew, or cousin of the natural person;​ 222.17 (8) a natural person selling on contract for deed to any spouse, parent, child, sibling,​ 222.18 grandparent, grandchild, uncle, aunt, niece, nephew, or cousin;​ 222.19 (9) a bank, credit union, or residential mortgage originator that is under the supervision​ 222.20 of or regulated by the Office of the Comptroller of the Currency, the Federal Deposit​ 222.21 Insurance Corporation, the National Credit Union Administration, or the Minnesota​ 222.22 Department of Commerce;​ 222.23 (10) a natural person who has owned and leased the residential real property to the​ 222.24 purchaser for at least the prior two years; or​ 222.25 (11) the person who built the dwelling on the residential real estate and the dwelling has​ 222.26 not previously been occupied.​ 222.27 (c) If, substantially contemporaneous with the execution of the contract for deed, the​ 222.28 seller's interest is assigned or transferred to a person who does not meet any of the​ 222.29 qualifications of paragraph (b), the assignee or transferee shall be deemed to be an investor​ 222.30 seller who has executed the contract for deed.​ 222.31 Subd. 6. Person. "Person" means a natural person, partnership, corporation, limited​ 222.32 liability company, association, trust, or other legal entity, however organized.​ 222​ Article 16 Sec. 12.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 223.1 Subd. 7. Purchase agreement. "Purchase agreement" means a purchase agreement for​ 223.2 a contract for deed, an earnest money contract, or an executed option contemplating that,​ 223.3 at closing, the investor seller and the purchaser will enter into a contract for deed.​ 223.4 Subd. 8. Purchaser. "Purchaser" means a person who executes a contract for deed to​ 223.5 purchase residential real property. Purchaser includes all purchasers who execute the same​ 223.6 contract for deed to purchase residential real property.​ 223.7 Subd. 9. Residential real property. "Residential real property" means real property​ 223.8 consisting of one to four family dwelling units, one of which is intended to be occupied as​ 223.9 the principal place of residence by:​ 223.10 (1) the purchaser;​ 223.11 (2) if the purchaser is an entity, the natural person who is the majority or controlling​ 223.12 owner of the entity; or​ 223.13 (3) if the purchaser is a trust, the settlor or beneficiary of the trust.​ 223.14 Residential real property does not include a transaction subject to sections 583.20 to 583.32.​ 223.15 EFFECTIVE DATE. This section is effective August 1, 2024, and applies to contracts​ 223.16 for deed executed by all parties on or after that date.​ 223.17 Sec. 13. [559A.02] APPLICABILITY.​ 223.18 This chapter applies only to residential real property where a purchaser is entering into​ 223.19 a contract for deed with an investor seller. Either of the following statements included in a​ 223.20 contract for deed in which the property is not residential real property or the seller is not an​ 223.21 investor seller shall constitute prima facie evidence that this chapter does not apply to the​ 223.22 contract for deed: "The property is not residential real property" or "The seller is not an​ 223.23 investor seller." A person examining title to the property may rely on either statement.​ 223.24 EFFECTIVE DATE. This section is effective August 1, 2024, and applies to contracts​ 223.25 for deed executed by all parties on or after that date.​ 223.26 Sec. 14. [559A.03] CONTRACTS FOR DEED INVOLVING INVESTOR SELLERS​ 223.27 AND RESIDENTIAL REAL PROPERTY; DISCLOSURES.​ 223.28 Subdivision 1. Disclosures required. (a) In addition to the disclosures required under​ 223.29 sections 513.52 to 513.61, an investor seller must deliver to a prospective purchaser the​ 223.30 disclosures specified under this section and instructions for cancellation as provided under​ 223.31 section 559A.04, subdivision 2, paragraph (b).​ 223​ Article 16 Sec. 14.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 224.1 (b) The disclosures must be affixed to the front of any purchase agreement executed​ 224.2 between an investor seller and a prospective purchaser. The investor seller may not enter​ 224.3 into a contract for deed with a prospective purchaser earlier than ten calendar days after the​ 224.4 execution of the purchase agreement by all parties and provision by the investor seller of​ 224.5 the disclosures required under this section and instructions for cancellation as required under​ 224.6 section 559A.04, subdivision 2, paragraph (b).​ 224.7 (c) If there is no purchase agreement, an investor seller must provide the disclosures​ 224.8 required under this section to the prospective purchaser no less than ten calendar days before​ 224.9 the prospective purchaser executes the contract for deed. The disclosures must be provided​ 224.10 in a document separate from the contract for deed. The investor seller may not enter into a​ 224.11 contract for deed with a prospective purchaser earlier than ten calendar days after providing​ 224.12 the disclosures to the prospective purchaser.​ 224.13 (d) The first page of the disclosures must contain the disclosures required in subdivisions​ 224.14 2, 3, and 4 of this section, in that order. The title must be centered, be in bold, capitalized,​ 224.15 and underlined 20-point type, and read "IMPORTANT INFORMATION YOU NEED TO​ 224.16 KNOW." The disclosures required under subdivisions 5 and 6 must follow in subsequent​ 224.17 pages in that order.​ 224.18 (e) The investor seller must acknowledge delivery, and the purchaser must acknowledge​ 224.19 receipt, of the disclosures by signing and dating the disclosures. The acknowledged​ 224.20 disclosures shall constitute prima facie evidence that the disclosures have been provided as​ 224.21 required by this section.​ 224.22 Subd. 2. Disclosure of balloon payment. (a) The investor seller must disclose the​ 224.23 amount and due date of, if any, all balloon payments. For purposes of disclosure of a balloon​ 224.24 payment, the investor seller may assume that all prior scheduled payments were timely​ 224.25 made and no prepayments were made. If there is more than one balloon payment due, each​ 224.26 one must be listed separately.​ 224.27 (b) The disclosure must be in the following form, with the title in 14-point type and the​ 224.28 text in 12-point type:​ 224.29 "BALLOON PAYMENT​ 224.30 This contract contains a lump-sum balloon payment or several balloon payments. When​ 224.31 the final balloon payment comes due, you may need to get mortgage or other financing to​ 224.32 pay it off (or you will have to sell the property). Even if you are able to sell the property,​ 224.33 you may not get back all the money you paid for it.​ 224​ Article 16 Sec. 14.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 225.1 If you can't come up with this large amount - even if you have made all your monthly​ 225.2 payments - the seller can cancel the contract.​ When Balloon Payment is Due​ 225.3 Amount of Balloon Payment​ (month, year)"​ 225.4 $ (amount)​ 225.5 Subd. 3. Disclosure of price paid by investor seller to acquire property. (a) The​ 225.6 investor seller must disclose to the purchaser the purchase price and the date of earliest​ 225.7 acquisition of the property by the investor seller, unless the acquisition occurs more than​ 225.8 two years prior to the execution of the contract for deed.​ 225.9 (b) The disclosure must be in the following form, with the title in 14-point type and the​ 225.10 text in 12-point type:​ 225.11 "INVESTOR SELLER'S PRICE TO BUY HOUSE BEING SOLD TO BUYER​ 225.12 Date Investor Seller Acquired Property:​ 225.13 (date seller acquired ownership)​ 225.14 Price Paid by Investor Seller to Acquire the Property:​ 225.15 $ (total purchase price paid by seller to acquire ownership)​ 225.16 Contract for Deed Purchase Price:​ 225.17 $ (total sale price to the purchaser under the contract)"​ 225.18 (c) For the purposes of this subdivision, unless the acquisition occurred more than one​ 225.19 year prior to the execution of the contract for deed, the person who first acquires the property​ 225.20 is deemed to be the same person as the investor seller where the person who first acquires​ 225.21 the property:​ 225.22 (1) is owned or controlled, in whole or in part, by the investor seller;​ 225.23 (2) owns or controls, in whole or in part, the investor seller;​ 225.24 (3) is under common ownership or control, in whole or in part, with the investor seller;​ 225.25 (4) is a spouse, parent, child, sibling, grandparent, grandchild, uncle, aunt, niece, nephew,​ 225.26 or cousin of the investor seller, or of the natural person who owns or controls, in whole or​ 225.27 in part, the investor seller; or​ 225.28 (5) is an entity owned or controlled, in whole or in part, by a person who is a spouse,​ 225.29 parent, child, sibling, grandparent, grandchild, uncle, aunt, niece, nephew, or cousin of the​ 225​ Article 16 Sec. 14.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 226.1 investor seller, or of the natural person who owns or controls, in whole or in part, the investor​ 226.2 seller.​ 226.3 Subd. 4. Disclosure of other essential terms. (a) An investor seller must disclose to​ 226.4 the prospective purchaser the purchase price, the annual interest rate, the amount of any​ 226.5 down payment, and whether the purchaser is responsible for any or all of the following:​ 226.6 paying property taxes, acquiring homeowner's insurance, making repairs, and maintaining​ 226.7 the property.​ 226.8 (b) The disclosure must be in the following form, with the title in 14-point type and the​ 226.9 text in 12-point type:​ 226.10 "COSTS AND ESSENTIAL TERMS​ $ (price)​ 226.11 1. Purchase Price:​ (interest rate) %​ 226.12 2. Annual Interest Rate:​ $ (down payment)​ 226.13 3. Down payment:​ $ (amount of installment payment)​ 226.14 4. Monthly/Period Installments:​ 226.15 5. Taxes, Homeowner's Insurance, Repairs and Maintenance:​ 226.16 You (seller must circle one):​ have to pay property taxes​ DO NOT​ 226.17 (a) DO​ 226.18 have to pay homeowner's​ insurance​ DO NOT​ 226.19 (b) DO​ 226.20 responsible for repairs and​ maintenance."​ ARE NOT​ 226.21 (c) ARE​ 226.22 Subd. 5. General disclosure. (a) An investor seller must provide the prospective​ 226.23 purchaser with a general disclosure about contracts for deeds as provided in this subdivision.​ 226.24 (b) The disclosure must be in the following form, with the title in 18-point type, the titles​ 226.25 of the sections in 14-point type and underlined, and the text of each section in 12-point type,​ 226.26 with a double space between each section:​ 226.27 "KNOW WHAT YOU ARE GETTING INTO BEFORE YOU SIGN​ 226.28 1. How Contracts for Deed Work​ 226.29 A contract for deed is a complicated legal arrangement. Be sure you know exactly what​ 226.30 you are getting into before you sign a contract for deed. A contract for deed is NOT a​ 226.31 mortgage. Minnesota's foreclosure protections do NOT apply.​ 226​ Article 16 Sec. 14.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 227.1 You should get advice from a lawyer or the Minnesota Homeownership Center​ 227.2 before you sign the contract. You can contact the Homeownership Center at​ 227.3 1-(866)-462-6466 or go to www.hocmn.org.​ 227.4 2. What If I Can't Make My Payments?​ 227.5 If you don't make your monthly installment payment or the balloon payment, the seller​ 227.6 can cancel the contract in only 120 days from the date you missed the payment. If the​ 227.7 contract is canceled, you lose your home and all the money you have paid, including​ 227.8 any down payment, all the monthly payments, and any improvements to the property​ 227.9 you have made.​ 227.10 If the contract contains a final lump-sum "balloon payment," you will need to get a​ 227.11 mortgage or other financing to pay it off (or you will have to sell the property). If you​ 227.12 can't come up with this large amount - even if you have made all your monthly payments​ 227.13 - the seller can cancel the contract. Even if you are able to sell the property, you may not​ 227.14 get back all the money you have paid for it.​ 227.15 3. BEFORE YOU SIGN, YOU SHOULD:​ 227.16 A. Get an Independent, Professional Appraisal of the property to learn what it's worth​ 227.17 and make sure you are not overpaying for the house.​ 227.18 B. Get an Independent, Professional Inspection of the property because you will​ 227.19 probably be responsible for maintaining and making repairs on the house.​ 227.20 C. Buy Title Insurance from a title insurance company or ask a lawyer for a "title​ 227.21 opinion" to address or minimize potential title problems.​ 227.22 4. YOUR RIGHTS BEFORE YOU SIGN​ 227.23 A. Waiting Period After Getting Disclosures There is a 10 calendar day waiting period​ 227.24 after you get these disclosures. The contract for deed cannot be signed by you or the seller​ 227.25 during that 10 calendar day period.​ 227.26 B. Canceling a Purchase Agreement You have 10 calendar days after you get these​ 227.27 disclosures to cancel your purchase agreement and get back any money you paid."​ 227.28 Subd. 6. Amortization schedule. In a document separate from all others, an investor​ 227.29 seller must provide to the prospective purchaser an amortization schedule consistent with​ 227.30 the contract for deed, including the portion of each installment payment that will be applied​ 227.31 to interest and to principal and the amount and due date of any balloon payments.​ 227​ Article 16 Sec. 14.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 228.1 Subd. 7. Disclosures in other languages. If the contract was advertised or primarily​ 228.2 negotiated with the purchaser in a language other than English, the investor seller must​ 228.3 provide the disclosures required in this section in the language in which the contract was​ 228.4 advertised or primarily negotiated.​ 228.5 Subd. 8. No waiver. The provisions of this section may not be waived.​ 228.6 Subd. 9. Effects of violation. Except as provided in section 559A.05, subdivision 2, a​ 228.7 violation of this section has no effect on the validity of the contract for deed.​ 228.8 EFFECTIVE DATE. This section is effective August 1, 2024, and applies to contracts​ 228.9 for deed executed by all parties on or after that date.​ 228.10 Sec. 15. [559A.04] CONTRACTS FOR DEED INVOLVING INVESTOR SELLERS​ 228.11 AND RESIDENTIAL REAL PROPERTY; RIGHTS AND REQUIREMENTS.​ 228.12 Subdivision 1. Requirement of investor seller if property subject to mortgage. An​ 228.13 investor may not execute a contract for deed that is subject to a mortgage with a due-on-sale​ 228.14 clause and not expressly assumed by the contract for deed purchaser unless the investor​ 228.15 seller has:​ 228.16 (1) procured a binding agreement with the mortgage holder whereby the holder either​ 228.17 consents to the sale of the property to the purchaser by contract for deed or agrees not to​ 228.18 exercise the holder's rights under a due-on-sale clause in the mortgage based on the contract​ 228.19 for deed; and​ 228.20 (2) in the contract:​ 228.21 (i) disclosed the existence of the investor seller's mortgage;​ 228.22 (ii) covenants that the investor seller will perform all obligations under the mortgage;​ 228.23 and​ 228.24 (iii) expressly represents to the purchaser that the seller has procured the binding​ 228.25 agreement required under clause (1).​ 228.26 Subd. 2. Right to cancel purchase agreement. (a) A prospective purchaser may cancel​ 228.27 a purchase agreement prior to the execution by all parties of the contract for deed or within​ 228.28 ten calendar days of receiving the disclosures required under section 559A.03, whichever​ 228.29 is earlier. A purchaser's execution of the contract for deed earlier than ten calendar days of​ 228.30 receiving the disclosures shall not excuse, constitute a waiver of, or constitute a defense​ 228.31 regarding an investor seller's violation of section 559A.03, subdivision 1, paragraph (b) or​ 228.32 (c).​ 228​ Article 16 Sec. 15.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 229.1 (b) In addition to the disclosures required under section 559A.03, an investor seller must​ 229.2 provide the prospective purchaser with notice of the person to whom, and the mailing address​ 229.3 to where, cancellation of the purchase agreement must be delivered or sent. Cancellation​ 229.4 of the purchase agreement is effective upon personal delivery or upon mailing.​ 229.5 (c) In the event of cancellation or if no purchase agreement has been signed and the​ 229.6 prospective purchaser elects not to execute the contract for deed, the investor seller may​ 229.7 not impose a penalty or fee and must promptly refund all payments made by the prospective​ 229.8 purchaser.​ 229.9 Subd. 3. Duty of investor seller to account. The investor seller must inform the purchaser​ 229.10 in a separate writing of the right to request an annual accounting. Upon reasonable written​ 229.11 request by the purchaser and no more than once every calendar year, an investor seller must​ 229.12 provide an accounting of:​ 229.13 (1) all payments made pursuant to the contract for deed during the prior calendar year​ 229.14 with payments allocated between interest and principal;​ 229.15 (2) any delinquent payments;​ 229.16 (3) the total principal amount remaining to satisfy the contract for deed; and​ 229.17 (4) the anticipated amounts and due dates of all balloon payments.​ 229.18 Subd. 4. Churning prohibited. (a) An investor seller is prohibited from churning. There​ 229.19 is a rebuttable presumption that the investor seller has violated this subdivision if, on or​ 229.20 after August 1, 2024, the investor seller executes a contract for deed and, within the previous​ 229.21 48 months, the investor seller either:​ 229.22 (1) had completed two or more termination proceedings under section 559.21 on the​ 229.23 same residential real property being sold by the contract for deed; or​ 229.24 (2) had completed four or more termination proceedings under section 559.21 on contracts​ 229.25 for deed for any residential real property, where terminated contracts comprise 20 percent​ 229.26 or more of all contracts executed by the investor seller during that period.​ 229.27 (b) Nothing contained in this subdivision or in section 559A.01, subdivision 3, shall​ 229.28 invalidate, impair, affect, or give rise to any cause of action with respect to any contract for​ 229.29 deed or termination proceeding under section 559.21 used as a predicate to establish the​ 229.30 presumption under paragraph (a).​ 229​ Article 16 Sec. 15.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 230.1 (c) For the purposes of this subdivision, a person who sold residential real property on​ 230.2 a contract for deed is deemed to be the same person as the investor seller where the person​ 230.3 who sold on a contract for deed:​ 230.4 (1) is owned or controlled, in whole or in part, by the investor seller;​ 230.5 (2) owns or controls, in whole or in part, the investor seller;​ 230.6 (3) is under common ownership or control, in whole or in part, with the investor seller;​ 230.7 (4) is a spouse, parent, child, sibling, grandparent, grandchild, uncle, aunt, niece, nephew,​ 230.8 or cousin of the investor seller, or of the natural person who owns or controls, in whole or​ 230.9 in part, the investor seller; or​ 230.10 (5) is an entity owned or controlled, in whole or in part, by a person who is a spouse,​ 230.11 parent, child, sibling, grandparent, grandchild, uncle, aunt, niece, nephew, or cousin of the​ 230.12 investor seller, or of the natural person who owns or controls, in whole or in part, the investor​ 230.13 seller.​ 230.14 Subd. 5. Duty of investor seller to refund down payments. (a) If an investor seller​ 230.15 terminates a contract for deed under section 559.21 within 48 months of executing the​ 230.16 contract, any portion of the down payment that exceeded ten percent of the purchase price​ 230.17 shall be refunded to the purchaser within 180 days of the termination of the contract.​ 230.18 (b) Upon delivery to the purchaser by the investor seller of reasonable documentation​ 230.19 that any of the following expenses were incurred or taxes and contract payments were​ 230.20 unpaid, an investor seller may offset against the refund for, as applicable:​ 230.21 (1) any unpaid real estate taxes for the period prior to termination of the contract;​ 230.22 (2) any unpaid insurance premiums for the period prior to termination of the contract​ 230.23 incurred by the investor seller;​ 230.24 (3) the reasonable cost of necessary repairs for damage to the residential real property​ 230.25 caused by the purchaser, beyond ordinary wear and tear, incurred by the investor seller;​ 230.26 (4) attorney fees, not to exceed $1,000, and costs of service incurred in connection with​ 230.27 the termination of the contract;​ 230.28 (5) any unpaid utility arrears for the period prior to termination of the contract incurred​ 230.29 by the investor seller; and​ 230.30 (6) one-half of the unpaid monthly contract installment payments, exclusive of balloon​ 230.31 payments, that accrued prior to termination of the contract.​ 230​ Article 16 Sec. 15.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 231.1 (c) If the purchaser disputes any amount that an investor seller claims as the refund or​ 231.2 an offset, the purchaser may commence an action in district court or conciliation court to​ 231.3 determine the amount of the refund or the offsets and recover any money owed by the​ 231.4 investor seller to the purchaser. The purchaser is entitled to recover from the investor seller​ 231.5 any portion of the down payment that the court finds is owed by the investor seller to the​ 231.6 purchaser not previously paid to the purchaser. Any attorney expressly authorized by the​ 231.7 investor seller to receive payments in the notice of termination is designated as the attorney​ 231.8 who may receive service as agent for the investor seller in such action in the same manner​ 231.9 as provided in section 559.21, subdivision 8.​ 231.10 EFFECTIVE DATE. This section is effective August 1, 2024, and applies to contracts​ 231.11 for deed executed by all parties on or after that date.​ 231.12 Sec. 16. [559A.05] CONTRACTS FOR DEED INVOLVING INVESTOR SELLERS​ 231.13 AND RESIDENTIAL REAL PROPERTY; REMEDIES FOR VIOLATION.​ 231.14 Subdivision 1. Definition. For the purposes of this section, "material violation of section​ 231.15 559A.03" means:​ 231.16 (1) if applicable, failure to disclose any balloon payment as required under section​ 231.17 559A.03, subdivision 2;​ 231.18 (2) failure to disclose the price paid by the investor seller under the contract for deed to​ 231.19 acquire property as required under section 559A.03, subdivision 3;​ 231.20 (3) failure to disclose the other essential terms of the contract as required under section​ 231.21 559A.03, subdivision 4;​ 231.22 (4) failure to provide the general disclosure in substantially the form required under​ 231.23 section 559A.03, subdivision 5;​ 231.24 (5) failure to disclose the amortization schedule as required under section 559A.03,​ 231.25 subdivision 6;​ 231.26 (6) a violation of section 559A.03, subdivision 1, paragraph (b) or (c);​ 231.27 (7) a violation of section 559A.03, subdivision 7; or​ 231.28 (8) a material omission or misstatement of any of the information required to be disclosed​ 231.29 under section 559A.03.​ 231.30 Subd. 2. Remedy for violation of disclosure requirements or churning. (a)​ 231.31 Notwithstanding any provision in the purchase agreement or contract for deed to the contrary,​ 231.32 a purchaser may, within two years of the execution of the contract for deed, bring an action​ 231​ Article 16 Sec. 16.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 232.1 for relief for a material violation of section 559A.03 or a violation of 559A.04, subdivision​ 232.2 4. A prevailing purchaser may rescind a contract and, in conjunction with the rescission,​ 232.3 may recover against the investor seller a sum equal to:​ 232.4 (1) all amounts paid by the purchaser under the contract for deed, including payments​ 232.5 to third parties, less the fair rental value of the residential real property for the period of​ 232.6 time the purchaser was in possession of the property;​ 232.7 (2) the reasonable value of any improvements to the residential real property made by​ 232.8 the purchaser;​ 232.9 (3) actual, consequential, and incidental damages; and​ 232.10 (4) reasonable attorneys' fees and costs.​ 232.11 (b) A claim for rescission and a money judgment awarded under this subdivision shall​ 232.12 not affect any rights or responsibilities of a successor in interest to the investor seller prior​ 232.13 to the filing of a lis pendens in the action in which such relief is sought, unless it is established​ 232.14 by clear and convincing evidence that the successor in interest had prior knowledge that​ 232.15 the contract for deed was executed in violation of the requirements of section 559A.03 or​ 232.16 559A.04, subdivision 4.​ 232.17 (c) A purchaser barred under paragraph (b) from making a claim against a successor in​ 232.18 interest to the investor seller may, within two years of the execution of the contract for deed,​ 232.19 bring a claim for violation of the requirements of section 559A.03 or 559A.04, subdivision​ 232.20 4, against the original investor seller who entered into the contract for deed and may recover​ 232.21 the greater of actual damages or statutory damages of $5,000, plus reasonable attorneys'​ 232.22 fees and costs. The original investor seller shall have no claim for indemnification or​ 232.23 contribution against the successor in interest.​ 232.24 Subd. 3. Remedy for failure of investor seller to procure agreement with mortgage​ 232.25 holder. (a) If a mortgage holder commences foreclosure of its mortgage based on the sale​ 232.26 to a purchaser under the contract for deed and notwithstanding any provision in the purchase​ 232.27 agreement or contract for deed to the contrary, a purchaser may bring an action for the​ 232.28 failure of the investor seller to procure the agreement with the mortgage holder as required​ 232.29 under section 559A.04, subdivision 2. A prevailing purchaser may rescind a contract and​ 232.30 may recover against the investor seller a sum equal to:​ 232.31 (1) all amounts paid by the purchaser under the contract for deed, including payments​ 232.32 to third parties, less the fair rental value of the residential real property for the period of​ 232.33 time the purchaser was in possession of the property;​ 232​ Article 16 Sec. 16.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 233.1 (2) the reasonable value of any improvements to the residential real property made by​ 233.2 the purchaser;​ 233.3 (3) actual, consequential, and incidental damages; and​ 233.4 (4) reasonable attorneys' fees and costs.​ 233.5 (b) An action under this subdivision may be brought at any time and is not subject to​ 233.6 the statute of limitations in subdivision 2, provided that, at least 30 days prior to bringing​ 233.7 the action, a purchaser must deliver a notice of violation to the investor seller under the​ 233.8 contract for deed personally or by United States mail.​ 233.9 (c) An investor seller may cure the violation at any time prior to entry of a final judgment​ 233.10 by delivering to the purchaser either evidence of the agreement with the mortgage holder​ 233.11 as required under section 559A.04, subdivision 2, or evidence that the mortgage holder has​ 233.12 abandoned foreclosure of the mortgage. If the violation is cured, the purchaser's action must​ 233.13 be dismissed. An investor seller is liable to the purchaser for reasonable attorneys' fees and​ 233.14 court costs if the seller delivers evidence of the mortgage holder's agreement or abandonment​ 233.15 of the foreclosure after the purchaser has commenced the action.​ 233.16 (d) Nothing in this subdivision shall be construed to bar or limit any other claim by a​ 233.17 purchaser arising from the investor seller's breach of a senior mortgage.​ 233.18 Subd. 4. Defense to termination. A purchaser's right to the remedy under subdivision​ 233.19 2 or 3 shall constitute grounds for injunctive relief under section 559.211.​ 233.20 Subd. 5. Effect of action on title. An action under subdivision 2 or 3 is personal to the​ 233.21 purchaser only, does not constitute an interest separate from the purchaser's interest in the​ 233.22 contract for deed, and may not be assigned except to a successor in interest.​ 233.23 Subd. 6. Rights cumulative. The rights and remedies provided in this section are​ 233.24 cumulative to, and not a limitation of, any other rights and remedies provided under law​ 233.25 and at equity. Nothing in this chapter shall preclude a court from construing a contract for​ 233.26 deed as an equitable mortgage.​ 233.27 Subd. 7. Public enforcement. The attorney general has authority under section 8.31 to​ 233.28 investigate and prosecute violations of sections 559A.03 and 559A.04, subdivision 4.​ 233.29 EFFECTIVE DATE. This section is effective August 1, 2024, and applies to all contracts​ 233.30 for deed executed by all parties on or after that date.​ 233.31 Sec. 17. REPEALER.​ 233.32 Minnesota Statutes 2022, sections 559.201; and 559.202, are repealed.​ 233​ Article 16 Sec. 17.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 234.1 EFFECTIVE DATE. This section is effective August 1, 2024.​ 234.2 ARTICLE 17​ 234.3 STATE GOVERNMENT DATA AND POLICY​ 234.4 Section 1. [13.95] ADMINISTRATIVE COURTS.​ 234.5 Subdivision 1. Definitions. (a) For purposes of this section, the terms have the meanings​ 234.6 given.​ 234.7 (b) "Administrative courts" means the Office of Administrative Hearings, Tax Court,​ 234.8 and Workers' Compensation Court of Appeals.​ 234.9 (c) "Court services" include hearings, settlement conferences, mediation, and the writing​ 234.10 of decisions and orders.​ 234.11 (d) "Health-related documents and data" means records, reports, or affidavits created​ 234.12 by medical, health care, or scientific professionals that relate to the past, present, or future​ 234.13 physical or mental health or condition of an individual, including but not limited to medical​ 234.14 history, examinations, diagnoses and treatment, prepetition screening reports, or​ 234.15 court-appointed examiner reports.​ 234.16 Subd. 2. Judicial work product. All notes and memoranda or drafts thereof prepared​ 234.17 by a judge or employee of an administrative court and used in providing a court service are​ 234.18 confidential or protected nonpublic data.​ 234.19 Subd. 3. Health-related documents and data. Health-related documents and data​ 234.20 included in a court file are private data on individuals.​ 234.21 Sec. 2. Minnesota Statutes 2022, section 14.05, subdivision 7, is amended to read:​ 234.22 Subd. 7. Electronic documents permitted. An agency may must file rule-related​ 234.23 documents with the Office of Administrative Hearings by electronic transmission in the​ 234.24 manner approved by that office and. An agency may file rule-related documents with the​ 234.25 Office of the Revisor of Statutes by electronic transmission in the manner approved by that​ 234.26 office.​ 234.27 Sec. 3. Minnesota Statutes 2022, section 14.08, is amended to read:​ 234.28 14.08 APPROVAL OF RULE AND RULE FORM; COSTS.​ 234.29 (a) One copy of a rule adopted under section 14.26 must be submitted by the agency to​ 234.30 the chief administrative law judge. The chief administrative law judge shall request from​ 234​ Article 17 Sec. 3.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 235.1 the revisor certified copies of the rule when it is submitted by the agency under section​ 235.2 14.26. Within five working days after the request for certification of the rule is received by​ 235.3 the revisor, excluding weekends and holidays, the revisor shall either return the rule with​ 235.4 a certificate of approval of the form of the rule to the chief administrative law judge or​ 235.5 notify the chief administrative law judge and the agency that the form of the rule will not​ 235.6 be approved.​ 235.7 If the chief administrative law judge disapproves a rule, the agency may modify it and​ 235.8 the agency shall submit one copy of the modified rule, approved as to form by the revisor,​ 235.9 to the chief administrative law judge.​ 235.10 (b) One copy of a rule adopted after a public hearing must be submitted by the agency​ 235.11 to the chief administrative law judge. The chief administrative law judge shall request from​ 235.12 the revisor certified copies of the rule when it is submitted by the agency. Within five​ 235.13 working days after receipt of the request, the revisor shall either return the rule with a​ 235.14 certificate of approval to the chief administrative law judge or notify the chief administrative​ 235.15 law judge and the agency that the form of the rule will not be approved.​ 235.16 (c) If the revisor refuses to approve the form of the rule, the revisor's notice must revise​ 235.17 the rule so it is in the correct form.​ 235.18 (d) After the agency has notified the chief administrative law judge that it has adopted​ 235.19 the rule, the chief administrative law judge shall promptly file four paper copies or an​ 235.20 electronic copy of the adopted rule in the Office of the Secretary of State. The secretary of​ 235.21 state shall forward one copy of each rule filed to the agency, to the revisor of statutes, and​ 235.22 to the governor.​ 235.23 (e) The chief administrative law judge shall assess an agency for the actual cost of​ 235.24 processing rules under this section. Each agency shall include in its budget money to pay​ 235.25 the assessments. Receipts from the assessment must be deposited in the administrative​ 235.26 hearings account established in section 14.54.​ 235.27 Sec. 4. Minnesota Statutes 2022, section 14.16, subdivision 3, is amended to read:​ 235.28 Subd. 3. Filing. After the agency has provided the chief administrative law judge with​ 235.29 a signed order adopting the rule, the chief administrative law judge shall promptly file four​ 235.30 paper copies or an electronic copy of the adopted rule in the Office of the Secretary of State.​ 235.31 The secretary of state shall forward one copy of each rule filed to the agency, to the revisor​ 235.32 of statutes, and to the governor.​ 235​ Article 17 Sec. 4.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 236.1 Sec. 5. Minnesota Statutes 2022, section 14.26, subdivision 3a, is amended to read:​ 236.2 Subd. 3a. Filing. If the rule is approved, the administrative law judge shall promptly​ 236.3 file four paper copies or an electronic copy of the adopted rule in the Office of the Secretary​ 236.4 of State. The secretary of state shall forward one copy of each rule to the revisor of statutes,​ 236.5 to the agency, and to the governor.​ 236.6 Sec. 6. Minnesota Statutes 2022, section 14.386, as amended by Laws 2024, chapter 90,​ 236.7 article 1, section 1, is amended to read:​ 236.8 14.386 PROCEDURE FOR ADOPTING EXEMPT RULES; DURATION.​ 236.9 (a) A rule adopted, amended, or repealed by an agency, under a statute enacted after​ 236.10 January 1, 1997, authorizing or requiring rules to be adopted but excluded from the​ 236.11 rulemaking provisions of chapter 14 or from the definition of a rule, has the force and effect​ 236.12 of law only if:​ 236.13 (1) the revisor of statutes approves the form of the rule by certificate;​ 236.14 (2) the person authorized to adopt the rule on behalf of the agency signs an order adopting​ 236.15 the rule;​ 236.16 (3) the Office of Administrative Hearings approves the rule as to its legality within 14​ 236.17 days after the agency submits it for approval and files four paper copies or an electronic​ 236.18 copy of the adopted rule with the revisor's certificate in the Office of the Secretary of State;​ 236.19 and​ 236.20 (4) a copy is published by the agency in the State Register.​ 236.21 The secretary of state shall forward one copy of the rule to the governor.​ 236.22 A statute enacted after January 1, 1997, authorizing or requiring rules to be adopted but​ 236.23 excluded from the rulemaking provisions of chapter 14 or from the definition of a rule does​ 236.24 not excuse compliance with this section unless it makes specific reference to this section.​ 236.25 (b) A rule adopted under this section is effective for a period of two years from the date​ 236.26 of publication of the rule in the State Register. The authority for the rule expires at the end​ 236.27 of this two-year period.​ 236.28 (c) The chief administrative law judge shall adopt rules relating to the rule approval​ 236.29 duties imposed by this section and section 14.388, including rules establishing standards​ 236.30 for review.​ 236.31 (d) This section does not apply to:​ 236​ Article 17 Sec. 6.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 237.1 (1) any group or rule listed in section 14.03, subdivisions 1 and 3, except as otherwise​ 237.2 provided by law;​ 237.3 (2) game and fish rules of the commissioner of natural resources adopted under section​ 237.4 84.027, subdivision 13, or sections 97A.0451 to 97A.0459;​ 237.5 (3) experimental and special management waters designated by the commissioner of​ 237.6 natural resources under sections 97C.001 and 97C.005;​ 237.7 (4) game refuges designated by the commissioner of natural resources under section​ 237.8 97A.085; or​ 237.9 (5) transaction fees established by the commissioner of natural resources for electronic​ 237.10 or telephone sales of licenses, stamps, permits, registrations, or transfers under section​ 237.11 84.027, subdivision 15, paragraph (a), clause (2).​ 237.12 (e) If a statute provides that a rule is exempt from chapter 14, and section 14.386 does​ 237.13 not apply to the rule, the rule has the force of law unless the context of the statute delegating​ 237.14 the rulemaking authority makes clear that the rule does not have force of law.​ 237.15 Sec. 7. Minnesota Statutes 2022, section 14.388, subdivision 2, is amended to read:​ 237.16 Subd. 2. Notice. An agency proposing to adopt, amend, or repeal a rule under this section​ 237.17 must give electronic notice of its intent in accordance with section 16E.07, subdivision 3,​ 237.18 and notice by United States mail or electronic mail to persons who have registered their​ 237.19 names with the agency under section 14.14, subdivision 1a. The notice must be given no​ 237.20 later than the date the agency submits the proposed rule to the Office of Administrative​ 237.21 Hearings for review of its legality and must include:​ 237.22 (1) the proposed rule, amendment, or repeal;​ 237.23 (2) an explanation of why the rule meets the requirements of the good cause exemption​ 237.24 under subdivision 1; and​ 237.25 (3) a statement that interested parties have five business working days after the date of​ 237.26 the notice to submit comments to the Office of Administrative Hearings.​ 237.27 Sec. 8. Minnesota Statutes 2022, section 14.3895, subdivision 2, is amended to read:​ 237.28 Subd. 2. Notice plan; prior approval. The agency shall draft a notice plan under which​ 237.29 the agency will make reasonable efforts to notify persons or classes of persons who may​ 237.30 be significantly affected by the rule repeal by giving notice of its intention in newsletters,​ 237.31 newspapers, or other publications, or through other means of communication. Before​ 237​ Article 17 Sec. 8.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 238.1 publishing the notice in the State Register and implementing the notice plan, the agency​ 238.2 shall obtain prior approval of the notice plan by the chief administrative law judge an​ 238.3 administrative law judge in the Office of Administrative Hearings.​ 238.4 Sec. 9. Minnesota Statutes 2022, section 14.3895, subdivision 6, is amended to read:​ 238.5 Subd. 6. Legal review. Before publication of the final rule in the State Register, the​ 238.6 agency shall submit the rule to the chief administrative law judge in the Office of​ 238.7 Administrative Hearings. The chief administrative law judge shall within 14 days approve​ 238.8 or disapprove the rule as to its legality and its form to the extent the form relates to legality.​ 238.9 Sec. 10. Minnesota Statutes 2022, section 14.48, subdivision 2, is amended to read:​ 238.10 Subd. 2. Chief administrative law judge. (a) The office shall be under the direction of​ 238.11 a chief administrative law judge who shall be learned in the law and appointed by the​ 238.12 governor, with the advice and consent of the senate, for a term ending on June 30 of the​ 238.13 sixth calendar year after appointment. Senate confirmation of the chief administrative law​ 238.14 judge shall be as provided by section 15.066.​ 238.15 (b) The chief administrative law judge may hear cases and, in accordance with chapter​ 238.16 43A, shall appoint a deputy chief judge and additional administrative law judges and​ 238.17 compensation judges to serve in the office as necessary to fulfill the duties of the Office of​ 238.18 Administrative Hearings.​ 238.19 (c) The chief administrative law judge may delegate to a subordinate employee the​ 238.20 exercise of a specified statutory power or duty as deemed advisable, subject to the control​ 238.21 of the chief administrative law judge. Every delegation must be by written order filed with​ 238.22 the secretary of state. The chief administrative law judge is subject to the provisions of the​ 238.23 Minnesota Constitution, article VI, section 6, the jurisdiction of the Board on Judicial​ 238.24 Standards, and the provisions of the Code of Judicial Conduct.​ 238.25 (d) If a vacancy in the position of chief administrative law judge occurs, an acting or​ 238.26 temporary chief administrative law judge must be named as follows:​ 238.27 (1) at the end of the term of a chief administrative law judge, the incumbent chief​ 238.28 administrative law judge may, at the discretion of the appointing authority, serve as acting​ 238.29 chief administrative law judge until a successor is appointed; and​ 238.30 (2) if at the end of a term of a chief administrative law judge the incumbent chief​ 238.31 administrative law judge is not designated as acting chief administrative law judge, or if a​ 238.32 vacancy occurs in the position of chief administrative law judge, the deputy chief judge​ 238​ Article 17 Sec. 10.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 239.1 shall immediately become temporary chief administrative law judge without further official​ 239.2 action.​ 239.3 (e) The appointing authority of the chief administrative law judge may appoint a person​ 239.4 other than the deputy chief judge to serve as temporary chief administrative law judge and​ 239.5 may replace any other acting or temporary chief administrative law judge designated pursuant​ 239.6 to paragraph (d), clause (1) or (2).​ 239.7 Sec. 11. [14.525] INTERPRETERS.​ 239.8 The chief administrative law judge may enter contracts with interpreters identified by​ 239.9 the Supreme Court through the Court Interpreter Program. Interpreters may be utilized as​ 239.10 the chief administrative law judge directs. These contracts are not subject to the requirements​ 239.11 of chapters 16B and 16C.​ 239.12 Sec. 12. Minnesota Statutes 2022, section 14.62, subdivision 2a, is amended to read:​ 239.13 Subd. 2a. Administrative law judge decision final; exception. Unless otherwise​ 239.14 provided by law, the report or order of the administrative law judge constitutes the final​ 239.15 decision in the case unless the agency modifies or rejects it under subdivision 1 within 90​ 239.16 days after the record of the proceeding closes under section 14.61. When the agency fails​ 239.17 to act within 90 days on a licensing case, the agency must return the record of the proceeding​ 239.18 to the administrative law judge for consideration of disciplinary action. In all contested​ 239.19 cases where the report or order of the administrative law judge constitutes the final decision​ 239.20 in the case, the administrative law judge shall issue findings of fact, conclusions, and an​ 239.21 order within 90 days after the hearing record closes under section 14.61. Upon a showing​ 239.22 of good cause by a party or the agency, the chief administrative law judge may order a​ 239.23 reasonable extension of either of the two 90-day deadlines specified in this subdivision.​ 239.24 The 90-day deadline will be tolled while the chief administrative law judge considers a​ 239.25 request for reasonable extension so long as the request was filed and served within the​ 239.26 applicable 90-day period.​ 239.27 Sec. 13. Minnesota Statutes 2022, section 15A.083, subdivision 6a, is amended to read:​ 239.28 Subd. 6a. Administrative law judge; salaries. The salary of the chief administrative​ 239.29 law judge is 98.52 percent of the salary of a chief district court judge. The salaries of the​ 239.30 assistant chief administrative law judge and administrative law judge supervisors deputy​ 239.31 chief judge and judge supervisors employed by the Office of Administrative Hearings are​ 239.32 100 percent of the salary of a district court judge. The salary of an administrative law judge​ 239​ Article 17 Sec. 13.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 240.1 employed by the Office of Administrative Hearings is 98.52 percent of the salary of a district​ 240.2 court judge as set under section 15A.082, subdivision 3.​ 240.3 Sec. 14. Minnesota Statutes 2022, section 16E.01, subdivision 2, is amended to read:​ 240.4 Subd. 2. Discretionary powers. The department may:​ 240.5 (1) enter into contracts for goods or services with public or private organizations and​ 240.6 charge fees for services it provides;​ 240.7 (2) apply for, receive, and expend money from public agencies;​ 240.8 (3) apply for, accept, and disburse grants and other aids from the federal government​ 240.9 and other public or private sources;​ 240.10 (4) enter into contracts with agencies of the federal government, local governmental​ 240.11 units, the University of Minnesota and other educational institutions, and private persons​ 240.12 and other nongovernmental organizations as necessary to perform its statutory duties;​ 240.13 (5) sponsor and conduct conferences and studies, collect and disseminate information,​ 240.14 and issue reports relating to information and communications technology issues;​ 240.15 (6) review the technology infrastructure of regions of the state and cooperate with and​ 240.16 make recommendations to the governor, legislature, state agencies, local governments, local​ 240.17 technology development agencies, the federal government, private businesses, and individuals​ 240.18 for the realization of information and communications technology infrastructure development​ 240.19 potential;​ 240.20 (7) sponsor, support, and facilitate innovative and collaborative economic and community​ 240.21 development and government services projects or initiatives, including technology initiatives​ 240.22 related to culture and the arts, with public and private organizations; and​ 240.23 (8) review and recommend alternative sourcing strategies for state information and​ 240.24 communications systems.​ 240.25 Sec. 15. Minnesota Statutes 2023 Supplement, section 16E.01, subdivision 3, is amended​ 240.26 to read:​ 240.27 Subd. 3. Duties. (a) The department shall:​ 240.28 (1) manage the efficient and effective use of available federal, state, local, and​ 240.29 public-private resources to develop statewide information and telecommunications technology​ 240.30 systems and services and its infrastructure;​ 240​ Article 17 Sec. 15.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 241.1 (2) approve state agency and intergovernmental information and telecommunications​ 241.2 technology systems and services development efforts involving state or intergovernmental​ 241.3 funding, including federal funding, provide information to the legislature regarding projects​ 241.4 and initiatives reviewed, and recommend projects and initiatives for inclusion in the​ 241.5 governor's budget under section 16A.11;​ 241.6 (3) promote cooperation and collaboration among state and local governments in​ 241.7 developing intergovernmental information and telecommunications technology systems​ 241.8 and services;​ 241.9 (4) cooperate and collaborate with the legislative and judicial branches in the development​ 241.10 of information and communications systems in those branches, as requested;​ 241.11 (5) promote and coordinate public information access and network initiatives, consistent​ 241.12 with chapter 13, to connect Minnesota's citizens and communities to each other, to their​ 241.13 governments, and to the world continue to collaborate on the development of MN.gov, the​ 241.14 state's official comprehensive online service and information initiative;​ 241.15 (6) manage and promote the regular and periodic reinvestment in the information and​ 241.16 telecommunications technology systems and services infrastructure so that state and local​ 241.17 government agencies can effectively and efficiently serve their customers;​ 241.18 (7) facilitate the cooperative development of and ensure compliance with standards and​ 241.19 policies for information and telecommunications technology systems and services and​ 241.20 electronic data practices and privacy security within the executive branch;​ 241.21 (8) eliminate unnecessary duplication of existing information and telecommunications​ 241.22 technology systems and services provided by state agencies;​ 241.23 (9) identify, sponsor, develop, and execute shared information and telecommunications​ 241.24 technology projects and initiatives, and ongoing operations;​ 241.25 (10) ensure overall security of the state's information and technology systems and​ 241.26 services; and​ 241.27 (11) manage and direct compliance with accessibility standards for informational​ 241.28 technology, including hardware, software, websites, online forms, and online surveys.​ 241.29 (b) The chief information officer, in consultation with the commissioner of management​ 241.30 and budget, must determine when it is cost-effective for agencies to develop and use shared​ 241.31 information technology systems, platforms, and services for the delivery of digital​ 241.32 government services. The chief information officer may require agencies to use shared​ 241.33 information and telecommunications technology systems and services. The chief information​ 241​ Article 17 Sec. 15.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 242.1 officer shall establish reimbursement rates in cooperation with the commissioner of​ 242.2 management and budget to be billed to agencies and other governmental entities sufficient​ 242.3 to cover the actual development, operating, maintenance, and administrative costs of the​ 242.4 shared systems. The methodology for billing may include the use of interagency agreements,​ 242.5 or other means as allowed by law.​ 242.6 (c) A state agency that has an information and telecommunications technology project​ 242.7 or initiative, whether funded as part of the biennial budget or by any other means, shall​ 242.8 register with the department by submitting basic project or initiative startup documentation​ 242.9 as specified by the chief information officer in both format and content. State agency business​ 242.10 and technology project leaders, in accordance with policies and standards set forth by the​ 242.11 chief information officer, must demonstrate that the project or initiative will be properly​ 242.12 managed, ensure alignment with enterprise technology strategic direction, provide updates​ 242.13 to the project or initiative documentation as changes are proposed, and regularly report on​ 242.14 the current status of the project or initiative on a schedule agreed to with the chief information​ 242.15 officer. The chief information officer has the authority to define a project or initiative for​ 242.16 the purposes of this chapter.​ 242.17 (d) The chief information officer shall monitor progress on any active information and​ 242.18 telecommunications technology project with a total expected project cost of more than​ 242.19 $5,000,000 projects and initiatives and report on the performance of the project projects or​ 242.20 initiatives in comparison with the plans for the project in terms of time, scope, and budget.​ 242.21 The chief information officer may conduct an independent project audit of the project or​ 242.22 initiative. If an independent audit is conducted, the audit analysis and evaluation of the​ 242.23 projects subject to paragraph (c) project or initiative must be presented to agency executive​ 242.24 sponsors, the project governance bodies, and the chief information officer. All reports and​ 242.25 responses must become part of the project or initiative record.​ 242.26 (e) For any active information and telecommunications technology project or initiative,​ 242.27 with a total expected project cost of more than $10,000,000, the state agency must perform​ 242.28 an annual independent audit that conforms to published project audit principles adopted by​ 242.29 the department must be conducted.​ 242.30 (f) The chief information officer shall report by January 15 of each year to the chairs​ 242.31 and ranking minority members of the legislative committees and divisions with jurisdiction​ 242.32 over the department regarding projects the department has reviewed under paragraph (a),​ 242.33 clause (10) on the status of the state's comprehensive project and initiatives portfolio. The​ 242.34 report must include: descriptions of each project and its current status, information technology​ 242​ Article 17 Sec. 15.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 243.1 costs associated with the project, and estimated date on when the information technology​ 243.2 project is expected to be completed.​ 243.3 (1) each project in the IT portfolio whose status is either active or on hold;​ 243.4 (2) each project presented to the office for consultation in the time since the last report;​ 243.5 (3) the information technology cost associated with the project;​ 243.6 (4) the current status of the information technology project;​ 243.7 (5) the date the information technology project is expected to be completed; and​ 243.8 (6) the projected costs for ongoing support and maintenance after the project is complete.​ 243.9 Sec. 16. Minnesota Statutes 2023 Supplement, section 16E.03, subdivision 2, is amended​ 243.10 to read:​ 243.11 Subd. 2. Chief information officer's responsibility. The chief information officer shall:​ 243.12 (1) design a strategic plan for information and telecommunications technology systems​ 243.13 and services in the state and shall report on the plan to the governor and legislature at the​ 243.14 beginning of each regular session;​ 243.15 (2) coordinate, review, and approve all information and telecommunications technology​ 243.16 projects develop and implement processes for review, approval, and monitoring and oversee​ 243.17 the state's information and telecommunications technology systems and services;​ 243.18 (3) establish and enforce compliance with standards for information and​ 243.19 telecommunications technology systems and services that are cost-effective and support​ 243.20 open systems environments and that are compatible with state, national, and international​ 243.21 standards, including accessibility standards;​ 243.22 (4) maintain a library of systems and programs developed by the state for use by agencies​ 243.23 of government;​ 243.24 (5) direct and manage the shared operations of the state's information and​ 243.25 telecommunications technology systems and services; and​ 243.26 (6) establish and enforce standards and ensure acquisition of hardware, software, and​ 243.27 services necessary to protect data and systems in state agency networks connected to the​ 243.28 Internet.​ 243​ Article 17 Sec. 16.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 244.1 Sec. 17. Minnesota Statutes 2022, section 16E.03, subdivision 3, is amended to read:​ 244.2 Subd. 3. Evaluation and approval. A state agency may not undertake an information​ 244.3 and telecommunications technology project or initiative until it has been evaluated according​ 244.4 to the procedures developed under subdivision 4. The chief information officer or delegate​ 244.5 shall give written approval of the proposed project record project approval as a part of the​ 244.6 project.​ 244.7 Sec. 18. Minnesota Statutes 2022, section 16E.03, subdivision 4, is amended to read:​ 244.8 Subd. 4. Evaluation procedure. The chief information officer shall establish and, as​ 244.9 necessary, update and modify procedures to evaluate information and communications​ 244.10 projects or initiatives proposed by state agencies. The evaluation procedure must assess the​ 244.11 necessity, design and plan for development, ability to meet user requirements, accessibility,​ 244.12 feasibility, and flexibility of the proposed data processing device or system, its relationship​ 244.13 to other state data processing devices or systems, and its costs and benefits when considered​ 244.14 by itself and when compared with other options cost, and benefits of the project or initiative.​ 244.15 Sec. 19. Minnesota Statutes 2022, section 16E.03, subdivision 5, is amended to read:​ 244.16 Subd. 5. Report to legislature. The chief information officer shall submit to the​ 244.17 legislature, at the same time as the governor's budget required by section 16A.11, a concise​ 244.18 narrative explanation of any information and communication technology project or initiative​ 244.19 being proposed as part of the governor's budget that involves collaboration between state​ 244.20 agencies and an explanation of how the budget requests of the several agencies collaborating​ 244.21 on the project or initiative relate to each other.​ 244.22 Sec. 20. Minnesota Statutes 2022, section 16E.03, subdivision 7, is amended to read:​ 244.23 Subd. 7. Cyber security systems. (a) In consultation with the attorney general and​ 244.24 appropriate agency heads, the chief information officer shall develop cyber security policies,​ 244.25 guidelines, and standards, and shall install advise, implement, and administer state data​ 244.26 security systems solutions and practices on the state's computer facilities information​ 244.27 technology services, systems, and applications consistent with these policies, guidelines,​ 244.28 standards, and state law to ensure the integrity, confidentiality, and availability of​ 244.29 computer-based and other information technology systems and services, and data and to​ 244.30 ensure applicable limitations on access to data, consistent with the public's right to know​ 244.31 as defined in chapter 13. The chief information officer is responsible for overall security of​ 244.32 state agency networks connected to the Internet. Each department or agency head is​ 244​ Article 17 Sec. 20.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 245.1 responsible for the security of the department's or agency's data within the guidelines of​ 245.2 established enterprise policy.​ 245.3 (b) The state chief information officer, or state chief information security officer, may​ 245.4 advise and consult on security strategy and programs for state entities and political​ 245.5 subdivisions not subject to section 16E.016.​ 245.6 Sec. 21. Minnesota Statutes 2022, section 16E.04, subdivision 2, is amended to read:​ 245.7 Subd. 2. Responsibilities. (a) The office shall may develop and establish a state​ 245.8 information architecture to ensure:​ 245.9 (1) that state agency information and communications systems, equipment, and services​ 245.10 do not needlessly duplicate or conflict with the systems of other agencies; and​ 245.11 (2) enhanced public access to data can be provided consistent with standards developed​ 245.12 under section 16E.05, subdivision 4.​ 245.13 When state agencies have need for the same or similar public data, the chief information​ 245.14 officer, in coordination with the affected agencies, shall manage the most efficient and​ 245.15 cost-effective method of producing and storing data for or sharing data between those​ 245.16 agencies. The development of this information architecture must include the establishment​ 245.17 of standards and guidelines to be followed by state agencies. The office shall ensure​ 245.18 compliance with the architecture.​ 245.19 (b) The office shall review and approve agency requests for funding for the development​ 245.20 or purchase of information systems equipment or software before the requests may be​ 245.21 included in the governor's budget.​ 245.22 (c) The office shall may review and approve agency requests for grant funding that have​ 245.23 an information and technology component.​ 245.24 (d) The office shall review major purchases of information systems equipment to:​ 245.25 (1) ensure that the equipment follows the standards and guidelines of the state information​ 245.26 architecture;​ 245.27 (2) ensure the agency's proposed purchase reflects a cost-effective policy regarding​ 245.28 volume purchasing; and​ 245.29 (3) ensure that the equipment is consistent with other systems in other state agencies so​ 245.30 that data can be shared among agencies, unless the office determines that the agency​ 245.31 purchasing the equipment has special needs justifying the inconsistency.​ 245​ Article 17 Sec. 21.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 246.1 (e) The office shall review the operation of information systems by state agencies and​ 246.2 ensure that these systems are operated efficiently and securely and continually meet the​ 246.3 standards and guidelines established by the office. The standards and guidelines must​ 246.4 emphasize uniformity that is cost-effective for the enterprise, that encourages information​ 246.5 interchange, open systems environments, and portability of information whenever practicable​ 246.6 and consistent with an agency's authority and chapter 13.​ 246.7 Sec. 22. Minnesota Statutes 2022, section 16E.04, subdivision 3, is amended to read:​ 246.8 Subd. 3. Risk assessment and mitigation. (a) A risk assessment and risk mitigation​ 246.9 plan are required for all information systems development projects or initiatives undertaken​ 246.10 by a state agency in the executive or judicial branch or by a constitutional officer. The chief​ 246.11 information officer must contract with an entity outside of state government to conduct the​ 246.12 initial assessment and prepare the mitigation plan for a project or initiative estimated to cost​ 246.13 more than $5,000,000 $10,000,000. The outside entity conducting the risk assessment and​ 246.14 preparing the mitigation plan must not have any other direct or indirect financial interest in​ 246.15 the project or initiative. The risk assessment and risk mitigation plan must provide for​ 246.16 periodic monitoring by the commissioner until the project or initiative is completed.​ 246.17 (b) The risk assessment and risk mitigation plan must be paid for with money appropriated​ 246.18 for the information and telecommunications technology project or initiative.​ 246.19 Sec. 23. Minnesota Statutes 2022, section 16E.07, is amended to read:​ 246.20 16E.07 NORTH STAR ONLINE GOVERNMENT INFORMATION SERVICES.​ 246.21 Subdivision 1. Definitions Definition. (a) The definitions definition in this subdivision​ 246.22 apply applies to this section.​ 246.23 (b) "Core services" means accessible information system applications required to provide​ 246.24 secure information services and online applications and content to the public from​ 246.25 government units. Online applications may include, but are not limited to:​ 246.26 (1) standardized public directory services and standardized content services;​ 246.27 (2) online search systems;​ 246.28 (3) general technical services to support government unit online services;​ 246.29 (4) electronic conferencing and communication services;​ 246.30 (5) secure electronic transaction services;​ 246.31 (6) digital audio, video, and multimedia services; and​ 246​ Article 17 Sec. 23.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 247.1 (7) government intranet content and service development.​ 247.2 (c) (b) "Government unit" means a state department, agency, commission, council, board,​ 247.3 task force, or committee; a constitutional office; a court entity; the Minnesota State Colleges​ 247.4 and Universities; a county, statutory or home rule charter city, or town; a school district; a​ 247.5 special district; or any other board, commission, district, or authority created under law,​ 247.6 local ordinance, or charter provision.​ 247.7 Subd. 2. Established. The office department shall establish "North Star" as the state's​ 247.8 comprehensive government online information service. North Star is the state's governmental​ 247.9 framework for coordinating and collaborating in providing online government information​ 247.10 and services. Government agencies that provide electronic access to government information​ 247.11 are requested to make available to North Star their most frequently requested public data​ 247.12 collaborate with state agencies to maintain MN.gov and associated websites that provide​ 247.13 online government information services.​ 247.14 Subd. 3. Access to data. The legislature determines that the greatest possible access to​ 247.15 certain government information and data is essential to allow citizens to participate fully in​ 247.16 a democratic system of government. Certain information and data, including, but not limited​ 247.17 to the following, must be provided free of charge or for a nominal cost associated with​ 247.18 reproducing the information or data:​ 247.19 (1) directories of government services and institutions, including an electronic version​ 247.20 of the guidebook to state agency services published by the commissioner of administration;​ 247.21 (2) legislative and rulemaking information, including an electronic version of the State​ 247.22 Register, public information newsletters, bill text and summaries, bill status information,​ 247.23 rule status information, meeting schedules, and the text of statutes and rules;​ 247.24 (3) supreme court and court of appeals opinions and general judicial information;​ 247.25 (4) opinions of the attorney general;​ 247.26 (5) Campaign Finance and Public Disclosure Board and election information;​ 247.27 (6) public budget information;​ 247.28 (7) local government documents, such as codes, ordinances, minutes, meeting schedules,​ 247.29 and other notices in the public interest;​ 247.30 (8) official documents, releases, speeches, and other public information issued by​ 247.31 government agencies; and​ 247​ Article 17 Sec. 23.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 248.1 (9) the text of other government documents and publications that government agencies​ 248.2 determine are important to public understanding of government activities.​ 248.3 Subd. 4. Staff. The chief information officer shall appoint the manager of the North Star​ 248.4 online information service and hire staff to carry out the responsibilities of the service.​ 248.5 Subd. 5. Participation; consultation; guidelines. The North Star staff shall consult​ 248.6 with governmental and nongovernmental organizations to establish rules for participation​ 248.7 in the North Star service. Government units planning, developing, or providing publicly​ 248.8 accessible online services shall provide access through and collaborate with North Star and​ 248.9 formally register with the office. The University of Minnesota is requested to establish​ 248.10 online connections and collaborate with North Star. Units of the legislature shall make their​ 248.11 services available through North Star. Government units may be required to submit​ 248.12 standardized directory and general content for core services but are not required to purchase​ 248.13 core services from North Star. North Star shall promote broad public access to the sources​ 248.14 of online information or services through multiple technologies.​ 248.15 Subd. 6. Fees. The office shall may establish fees for technical and transaction services​ 248.16 for government units through North Star. Fees must be credited to the North Star account.​ 248.17 The office may not charge a fee for viewing or inspecting data made available through North​ 248.18 Star MN.gov or linked facilities, unless specifically authorized by law.​ 248.19 Subd. 7. North Star Online government information service account. The North Star​ 248.20 online government information service account is created in the special revenue fund. The​ 248.21 account consists of:​ 248.22 (1) grants received from nonstate entities;​ 248.23 (2) fees and charges collected by the office;​ 248.24 (3) gifts, donations, and bequests made to the office; and​ 248.25 (4) other money credited to the account by law.​ 248.26 Money in the account is appropriated to the office to be used to continue the development​ 248.27 of the North Star project online government information services.​ 248.28 Subd. 8. Secure transaction system. The office shall plan and develop a secure​ 248.29 transaction system systems to support delivery of government services electronically. A​ 248.30 state agency that implements electronic government services for fees, licenses, sales, or​ 248.31 other purposes must use the may be required to use secure transaction system systems​ 248.32 developed in accordance with this section.​ 248​ Article 17 Sec. 23.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 249.1 Subd. 9. Aggregation of service demand. The office shall may identify opportunities​ 249.2 to aggregate demand for technical services required by government units for online activities​ 249.3 and may contract with governmental or nongovernmental entities to provide services. These​ 249.4 contracts are not subject to the requirements of chapters 16B and 16C, except sections​ 249.5 16C.04, 16C.08, and 16C.09.​ 249.6 Subd. 10. Outreach. The office may promote the availability of government online​ 249.7 information and services through public outreach and education. Public network expansion​ 249.8 in communities through libraries, schools, colleges, local government, and other community​ 249.9 access points must include access to North Star. North Star may make materials available​ 249.10 to those public sites to promote awareness of the service.​ 249.11 Subd. 11. Advanced development collaboration. The office shall identify information​ 249.12 technology services with broad public impact and advanced development requirements.​ 249.13 Those services shall assist in the development of and utilization of core services to the​ 249.14 greatest extent possible where appropriate, cost-effective, and technically feasible. This​ 249.15 includes, but is not limited to, higher education, statewide online library, economic and​ 249.16 community development, and K-12 educational technology services. North Star shall​ 249.17 participate in electronic commerce research and development initiatives with the University​ 249.18 of Minnesota and other partners. The statewide online library service shall consult,​ 249.19 collaborate, and work with North Star to ensure development of proposals for advanced​ 249.20 government information locator and electronic depository and archive systems.​ 249.21 Subd. 12. Private entity services; fee authority. (a) The department may enter into a​ 249.22 contract with a private entity to manage, maintain, support, and expand North Star and​ 249.23 online government information services to citizens and businesses.​ 249.24 (b) A contract established under paragraph (a) may provide for compensation of the​ 249.25 private entity through a fee established under paragraph (c).​ 249.26 (c) The department, subject to the approval of the agency or department responsible for​ 249.27 the data or services involved in the transaction, may charge and may authorize a private​ 249.28 entity that enters into a contract under paragraph (a) to charge a convenience fee for users​ 249.29 of North Star and online government information services up to a total of $2 per transaction,​ 249.30 provided that no fee shall be charged for viewing or inspecting data. A fee established under​ 249.31 this paragraph is in addition to any fees or surcharges authorized under other law.​ 249.32 (d) Receipts from the convenience fee shall be deposited in the North Star online​ 249.33 government information service account established in subdivision 7. Notwithstanding​ 249.34 section 16A.1285, subdivision 2, receipts credited to the account are appropriated to the​ 249​ Article 17 Sec. 23.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 250.1 department for payment to the contracted private entity under paragraph (a). In lieu of​ 250.2 depositing the receipts in the North Star online government information service account,​ 250.3 the department can directly transfer the receipts to the private entity or allow the private​ 250.4 entity to retain the receipts pursuant to a contract established under this subdivision.​ 250.5 (e) The department shall report Information regarding any convenience fee receipts​ 250.6 collected under paragraph (d) must be reported to the chairs and ranking minority members​ 250.7 of the house of representatives and senate committees with jurisdiction over state government​ 250.8 finance by January 15 of each odd-numbered year regarding the convenience fee receipts​ 250.9 and the status of North Star projects and online government information services developed​ 250.10 and supported by convenience fee receipts.​ 250.11 Sec. 24. [16E.36] CYBERSECURITY INCIDENTS.​ 250.12 Subdivision 1. Definitions. (a) For purposes of this section, the following terms have​ 250.13 the meanings given.​ 250.14 (b) "Bureau" means the Bureau of Criminal Apprehension.​ 250.15 (c) "Cybersecurity incident" means an action taken through the use of an information​ 250.16 system or network that results in an actual or potentially adverse effect on an information​ 250.17 system, network, or the information residing therein.​ 250.18 (d) "Cyber threat indicator" means information that is necessary to describe or identify:​ 250.19 (1) malicious reconnaissance, including but not limited to anomalous patterns of​ 250.20 communication that appear to be transmitted for the purpose of gathering technical​ 250.21 information related to a cybersecurity threat or vulnerability;​ 250.22 (2) a method of defeating a security control or exploitation of a security vulnerability;​ 250.23 (3) a security vulnerability, including but not limited to anomalous activity that appears​ 250.24 to indicate the existence of a security vulnerability;​ 250.25 (4) a method of causing a user with legitimate access to an information system or​ 250.26 information that is stored on, processed by, or transiting an information system to unwittingly​ 250.27 enable the defeat of a security control or exploitation of a security vulnerability;​ 250.28 (5) malicious cyber command and control;​ 250.29 (6) the actual or potential harm caused by an incident, including but not limited to a​ 250.30 description of the data exfiltrated as a result of a particular cyber threat; and​ 250​ Article 17 Sec. 24.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 251.1 (7) any other attribute of a cyber threat, if disclosure of such attribute is not otherwise​ 251.2 prohibited by law.​ 251.3 (e) "Defensive measure" means an action, device, procedure, signature, technique, or​ 251.4 other measure applied to an information system or information that is stored on, processed​ 251.5 by, or transiting an information system that detects, prevents, or mitigates a known or​ 251.6 suspected cyber threat or security vulnerability, but does not include a measure that destroys,​ 251.7 renders unusable, provides unauthorized access to, or substantially harms an information​ 251.8 system or information stored on, processed by, or transiting an information system not​ 251.9 owned by the entity operating the measure, or another entity that is authorized to provide​ 251.10 consent and has provided consent to that private entity for operation of the measure.​ 251.11 (f) "Government contractor" means an individual or entity that performs work for or on​ 251.12 behalf of a public agency on a contract basis with access to or hosting of the public agency's​ 251.13 network, systems, applications, or information.​ 251.14 (g) "Information resource" means information and related resources, such as personnel,​ 251.15 equipment, funds, and information technology.​ 251.16 (h) "Information system" means a discrete set of information resources organized for​ 251.17 collecting, processing, maintaining, using, sharing, disseminating, or disposing of​ 251.18 information.​ 251.19 (i) "Information technology" means any equipment or interconnected system or subsystem​ 251.20 of equipment that is used in automatic acquisition, storage, manipulation, management,​ 251.21 movement, control, display, switching, interchange, transmission, or reception of data or​ 251.22 information used by a public agency or a government contractor under contract with a public​ 251.23 agency which requires the use of the equipment or requires the use, to a significant extent,​ 251.24 of the equipment in the performance of a service or the furnishing of a product. The term​ 251.25 information technology also has the meaning given to information and telecommunications​ 251.26 technology systems and services in section 16E.03, subdivision 1, paragraph (b).​ 251.27 (j) "Private entity" means any individual, corporation, company, partnership, firm,​ 251.28 association, or other entity, but does not include a public agency, or a foreign government,​ 251.29 or any component thereof.​ 251.30 (k) "Public agency" means any public agency of the state or any political subdivision;​ 251.31 school districts; charter schools; intermediate districts; cooperative units under section​ 251.32 123A.24, subdivision 2; and public postsecondary education institutions.​ 251.33 (l) "Superintendent" means the superintendent of the Bureau of Criminal Apprehension.​ 251​ Article 17 Sec. 24.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 252.1 Subd. 2. Report on cybersecurity incidents. (a) Beginning December 1, 2024, the head​ 252.2 of or the decision-making body for a public agency must report a cybersecurity incident​ 252.3 that impacts the public agency to the commissioner. A government contractor or vendor​ 252.4 that provides goods or services to a public agency must report a cybersecurity incident to​ 252.5 the public agency if the incident impacts the public agency.​ 252.6 (b) The report must be made within 72 hours of when the public agency or government​ 252.7 contractor reasonably identifies or believes that a cybersecurity incident has occurred.​ 252.8 (c) The commissioner must coordinate with the superintendent to promptly share reported​ 252.9 cybersecurity incidents.​ 252.10 (d) By September 30, 2024, the commissioner, in coordination with the superintendent,​ 252.11 must establish a cyber incident reporting system having capabilities to facilitate submission​ 252.12 of timely, secure, and confidential cybersecurity incident notifications from public agencies,​ 252.13 government contractors, and private entities to the office.​ 252.14 (e) By September 30, 2024, the commissioner must develop, in coordination with the​ 252.15 superintendent, and prominently post instructions for submitting cybersecurity incident​ 252.16 reports on the department and bureau websites. The instructions must include, at a minimum,​ 252.17 the types of cybersecurity incidents to be reported and a list of other information to be​ 252.18 included in a report made through the cyber incident reporting system.​ 252.19 (f) The cyber incident reporting system must permit the commissioner, in coordination​ 252.20 with the superintendent, to:​ 252.21 (1) securely accept a cybersecurity incident notification from any individual or private​ 252.22 entity, regardless of whether the entity is a public agency or government contractor;​ 252.23 (2) track and identify trends in cybersecurity incidents reported through the cyber incident​ 252.24 reporting system; and​ 252.25 (3) produce reports on the types of incidents, cyber threat, indicators, defensive measures,​ 252.26 and entities reported through the cyber incident reporting system.​ 252.27 (g) Any cybersecurity incident report submitted to the commissioner is security​ 252.28 information pursuant to section 13.37, is not discoverable in a civil or criminal action absent​ 252.29 a court order or a search warrant, and is not subject to subpoena.​ 252.30 (h) Notwithstanding the provisions of paragraph (g), the commissioner may anonymize​ 252.31 and share cyber threat indicators and relevant defensive measures to help prevent attacks​ 252.32 and share cybersecurity incident notifications with potentially impacted parties through​ 252.33 cybersecurity threat bulletins or relevant law enforcement authorities.​ 252​ Article 17 Sec. 24.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 253.1 (i) Information submitted to the commissioner through the cyber incident reporting​ 253.2 system is subject to privacy and protection procedures developed and implemented by the​ 253.3 office, which shall be based on the comparable privacy protection procedures developed​ 253.4 for information received and shared pursuant to the federal Cybersecurity Information​ 253.5 Sharing Act of 2015, United States Code, title 6, section 1501, et seq.​ 253.6 Subd. 3. Annual report to the governor and legislature. Beginning January 31, 2026,​ 253.7 and annually thereafter, the commissioner, in coordination with the superintendent, must​ 253.8 submit a report on its cyber security incident report collection and resolution activities to​ 253.9 the governor and to the legislative commission on cybersecurity. The report must include,​ 253.10 at a minimum:​ 253.11 (1) information on the number of notifications received and a description of the​ 253.12 cybersecurity incident types during the one-year period preceding the publication of the​ 253.13 report;​ 253.14 (2) the categories of reporting entities that submitted cybersecurity reports; and​ 253.15 (3) any other information required in the submission of a cybersecurity incident report,​ 253.16 noting any changes from the report published in the previous year.​ 253.17 Sec. 25. Minnesota Statutes 2022, section 211B.33, subdivision 2, is amended to read:​ 253.18 Subd. 2. Recommendation. (a) If the administrative law judge determines that the​ 253.19 complaint does not set forth a prima facie violation of chapter 211A or 211B, the​ 253.20 administrative law judge must dismiss the complaint.​ 253.21 (b) If the administrative law judge determines that the complaint sets forth a prima facie​ 253.22 violation of section 211B.06 and was filed within 60 days before the primary or special​ 253.23 election or within 90 days before the general election to which the complaint relates, the​ 253.24 administrative law judge must conduct an expedited probable cause hearing under section​ 253.25 211B.34.​ 253.26 (c) (b) If the administrative law judge determines that the complaint sets forth a prima​ 253.27 facie violation of a provision of chapter 211A or 211B, other than section 211B.06, and that​ 253.28 the complaint was filed within 60 days before the primary or special election or within 90​ 253.29 days before the general election to which the complaint relates, the administrative law judge,​ 253.30 on request of any party, must conduct an expedited probable cause hearing under section​ 253.31 211B.34.​ 253.32 (d) (c) If the administrative law judge determines that the complaint sets forth a prima​ 253.33 facie violation of chapter 211A or 211B, and was filed more than not filed within 60 days​ 253​ Article 17 Sec. 25.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 254.1 before the primary or special election or more than 90 days before the general election to​ 254.2 which the complaint relates, the administrative law judge must schedule an evidentiary​ 254.3 hearing under section 211B.35.​ 254.4 Sec. 26. Minnesota Statutes 2022, section 211B.34, subdivision 1, is amended to read:​ 254.5 Subdivision 1. Time for review. The assigned administrative law judge must hold a​ 254.6 probable cause hearing on the complaint no later than three business days after receiving​ 254.7 the assignment if determining the complaint sets forth a prima facie violation of chapter​ 254.8 211A or 211B, an expedited hearing is required by section 211B.33, except that for good​ 254.9 cause the administrative law judge may hold the hearing no later than seven days after​ 254.10 receiving the assignment the prima facie determination. If an expedited hearing is not​ 254.11 required by section 211B.33, because no party requested one under section 211B.33,​ 254.12 subdivision 2, paragraph (b), the administrative law judge must hold the hearing not later​ 254.13 than 30 days after receiving the assignment determining the complaint sets forth a prima​ 254.14 facie violation of chapter 211A or 211B.​ 254.15 Sec. 27. Minnesota Statutes 2022, section 211B.34, subdivision 2, is amended to read:​ 254.16 Subd. 2. Disposition. At After the probable cause hearing, the administrative law judge​ 254.17 must make one of the following determinations within three business days after the hearing​ 254.18 record closes:​ 254.19 (a) The complaint is frivolous, or there is no probable cause to believe that the violation​ 254.20 of law alleged in the complaint has occurred. If the administrative law judge makes either​ 254.21 determination, the administrative law judge must dismiss the complaint.​ 254.22 (b) There is probable cause to believe that the violation of law alleged in the complaint​ 254.23 has occurred. If the administrative law judge so determines, the chief administrative law​ 254.24 judge must schedule the complaint for an evidentiary hearing under section 211B.35.​ 254.25 Sec. 28. Minnesota Statutes 2022, section 211B.35, subdivision 1, is amended to read:​ 254.26 Subdivision 1. Deadline for hearing. When required by section 211B.33, subdivision​ 254.27 2, paragraph (c), or by section 211B.34, subdivision 2 or 3, the chief administrative law​ 254.28 judge must assign the complaint to a panel of three administrative law judges for an​ 254.29 evidentiary hearing. The hearing must be held within the following times:​ 254.30 (1) ten days after the complaint was assigned to the panel, if an expedited probable cause​ 254.31 hearing was requested or required under section 211B.33;​ 254​ Article 17 Sec. 28.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 255.1 (2) 30 days after the complaint was filed, if it was filed within 60 days before the primary​ 255.2 or special election or within 90 days before the general election to which the complaint​ 255.3 relates; or​ 255.4 (3) 90 days after the complaint was filed, if it was filed at any other time.​ 255.5 For good cause shown, the panel may extend the deadline set forth in clause (2) or (3)​ 255.6 by 60 days.​ 255.7 Sec. 29. Minnesota Statutes 2022, section 211B.35, subdivision 3, is amended to read:​ 255.8 Subd. 3. Time for disposition. The panel must dispose of the complaint:​ 255.9 (1) within three business days after the hearing record closes, if an expedited probable​ 255.10 cause hearing was required by section 211B.33; and​ 255.11 (2) within 14 days after the hearing record closes, if an expedited probable cause hearing​ 255.12 was not required by section 211B.33.​ 255.13 Sec. 30. Minnesota Statutes 2023 Supplement, section 307.08, subdivision 3a, is amended​ 255.14 to read:​ 255.15 Subd. 3a. Cemeteries; records and condition assessments. (a) Cemeteries shall be​ 255.16 assessed according to this subdivision.​ 255.17 (b) The state archaeologist shall implement and maintain a system of records identifying​ 255.18 the location of known, recorded, or suspected cemeteries. The state archaeologist shall​ 255.19 provide access to the records as provided in subdivision 11.​ 255.20 (c) The cemetery condition assessment of non-American Indian cemeteries is at the​ 255.21 discretion of the state archaeologist based on the needs identified in this section or upon​ 255.22 request by an agency, a landowner, or other appropriate authority.​ 255.23 (d) The cemetery condition assessment of American Indian cemeteries is at the discretion​ 255.24 of the Indian Affairs Council based on the needs identified in this section or upon request​ 255.25 by an agency, a landowner, or other appropriate authority. If the Indian Affairs Council has​ 255.26 possession or takes custody of remains they may follow United States Code, title 25, sections​ 255.27 3001 to 3013.​ 255.28 (e) The cemetery condition assessment of cemeteries that include American Indian and​ 255.29 non-American Indian remains or include remains whose ancestry cannot be determined​ 255.30 shall be assessed at the discretion of the state archaeologist in collaboration with the Indian​ 255​ Article 17 Sec. 30.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 256.1 Affairs Council based on the needs identified in this section or upon request by an agency,​ 256.2 a landowner, or other appropriate authority.​ 256.3 (f) The state archaeologist and the Indian Affairs Council shall have 90 days from the​ 256.4 date a request is received to begin a cemetery condition assessment or provide notice to the​ 256.5 requester whether or not a condition assessment of a cemetery is needed.​ 256.6 (g) The state archaeologist and the Indian Affairs Council may retain the services of a​ 256.7 qualified professional archaeologist, a qualified forensic anthropologist, or other appropriate​ 256.8 experts for the purpose of gathering information that the state archaeologist or the Indian​ 256.9 Affairs Council can use to assess or identify cemeteries. If probable American Indian​ 256.10 cemeteries are to be disturbed or probable American Indian remains analyzed, the Indian​ 256.11 Affairs Council must approve the professional archaeologist, qualified anthropologist, or​ 256.12 other appropriate expert.​ 256.13 Sec. 31. REPEALER; DEPARTMENT OF INFORMATION TECHNOLOGY​ 256.14 SERVICES PROVISIONS.​ 256.15 Minnesota Statutes 2022, sections 16E.035; 16E.0465, subdivisions 1 and 2; 16E.055;​ 256.16 and 16E.20, are repealed.​ 256.17 ARTICLE 18​ 256.18 UNIFORM PUBLIC EXPRESSION PROTECTION ACT​ 256.19 Section 1. [554.07] SHORT TITLE.​ 256.20 Sections 554.07 to 554.19 may be cited as the "Uniform Public Expression Protection​ 256.21 Act."​ 256.22 Sec. 2. [554.08] SCOPE.​ 256.23 (a) For the purposes of sections 554.07 to 554.19, the terms in this section have the​ 256.24 meanings given them.​ 256.25 (1) "Goods or services" does not include the creation, dissemination, exhibition, or​ 256.26 advertisement or similar promotion of a dramatic, literary, musical, political, journalistic,​ 256.27 or artistic work.​ 256.28 (2) "Governmental unit" means a public corporation or government or governmental​ 256.29 subdivision, agency, or instrumentality.​ 256​ Article 18 Sec. 2.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 257.1 (3) "Person" means an individual, estate, trust, partnership, business or nonprofit entity,​ 257.2 governmental unit, or other legal entity.​ 257.3 (b) Except as otherwise provided in paragraph (c), sections 554.07 to 554.19 apply to a​ 257.4 cause of action asserted in a civil action against a person based on the person's:​ 257.5 (1) communication in a legislative, executive, judicial, administrative, or other​ 257.6 governmental proceeding;​ 257.7 (2) communication on an issue under consideration or review in a legislative, executive,​ 257.8 judicial, administrative, or other governmental proceeding; or​ 257.9 (3) exercise of the right of freedom of speech or of the press, the right to assemble or​ 257.10 petition, or the right of association, guaranteed by the United States Constitution or the​ 257.11 Minnesota Constitution on a matter of public concern.​ 257.12 (c) Sections 554.07 to 554.19 do not apply to a cause of action:​ 257.13 (1) against a governmental unit or an employee or agent of a governmental unit acting​ 257.14 or purporting to act in an official capacity;​ 257.15 (2) by a governmental unit or an employee or agent of a governmental unit acting in an​ 257.16 official capacity to enforce a law to protect against an imminent threat to public health or​ 257.17 safety;​ 257.18 (3) against a person primarily engaged in the business of selling or leasing goods or​ 257.19 services if the cause of action arises out of a communication related to the person's sale or​ 257.20 lease of the goods or services;​ 257.21 (4) against a person named in a civil suit brought by a victim of a crime against a​ 257.22 perpetrator;​ 257.23 (5) against a person named in a civil suit brought to establish or declare real property​ 257.24 possessory rights, use of real property, recovery of real property, quiet title to real property,​ 257.25 or related claims relating to real property;​ 257.26 (6) seeking recovery for bodily injury, wrongful death, or survival or to statements made​ 257.27 regarding that legal action, unless the claims involve damage to reputation;​ 257.28 (7) brought under the insurance code or arising out of an insurance contract;​ 257.29 (8) based on a common law fraud claim;​ 257.30 (9) brought under chapters 517 to 519A; or counterclaims based on a criminal no-contact​ 257.31 order pursuant to section 629.72 or 629.75; for or based on an antiharassment order or a​ 257​ Article 18 Sec. 2.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 258.1 sexual assault protection order under section 518B.01; or for or based on a vulnerable adult​ 258.2 protection order for crimes against the vulnerable adult under sections 609.232, 609.2325,​ 258.3 609.233, 609.2335, and 609.234;​ 258.4 (10) brought under chapters 175, 177, 178, 179, and 179A; negligent supervision,​ 258.5 retention, or infliction of emotional distress unless the claims involve damage to reputation;​ 258.6 wrongful discharge in violation of public policy; whistleblowing; or enforcement of employee​ 258.7 rights under civil service, collective bargaining, or handbooks and policies;​ 258.8 (11) brought under consumer protection, chapter 325F or 325G; or​ 258.9 (12) for any claim brought under federal law.​ 258.10 (d) Sections 554.07 to 554.19 apply to a cause of action asserted under paragraph (c),​ 258.11 clause (3), (8), or (11), when the cause of action is:​ 258.12 (1) a legal action against a person arising from any act of that person, whether public or​ 258.13 private, related to the gathering, receiving, posting, or processing of information for​ 258.14 communication to the public, whether or not the information is actually communicated to​ 258.15 the public, for the creation, dissemination, exhibition, or advertisement or other similar​ 258.16 promotion of a dramatic, literary, musical, political, journalistic, or otherwise artistic work,​ 258.17 including audiovisual work regardless of the means of distribution, a motion picture, a​ 258.18 television or radio program, or an article published in a newspaper, website, magazine, or​ 258.19 other platform, no matter the method or extent of distribution; or​ 258.20 (2) a legal action against a person related to the communication, gathering, receiving,​ 258.21 posting, or processing of consumer opinions or commentary, evaluations of consumer​ 258.22 complaints, or reviews or ratings of businesses.​ 258.23 Sec. 3. [554.09] SPECIAL MOTION FOR EXPEDITED RELIEF.​ 258.24 Not later than 60 days after a party is served with a complaint, crossclaim, counterclaim,​ 258.25 third-party claim, or other pleading that asserts a cause of action to which sections 554.07​ 258.26 to 554.19 apply, or at a later time on a showing of good cause, the party may file a special​ 258.27 motion for expedited relief to dismiss the cause of action or part of the cause of action.​ 258.28 Sec. 4. [554.10] STAY.​ 258.29 (a) Except as otherwise provided in paragraphs (d) to (g), on the filing of a motion under​ 258.30 section 554.09:​ 258​ Article 18 Sec. 4.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 259.1 (1) all other proceedings between the moving party and responding party, including​ 259.2 discovery and a pending hearing or motion, are stayed; and​ 259.3 (2) on motion by the moving party, the court may stay a hearing or motion involving​ 259.4 another party, or discovery by another party, if the hearing or ruling on the motion would​ 259.5 adjudicate, or the discovery would relate to, an issue material to the motion under section​ 259.6 554.09.​ 259.7 (b) A stay under paragraph (a) remains in effect until entry of an order ruling on the​ 259.8 motion under section 554.09 and expiration of the time under section 554.15 for the moving​ 259.9 party to appeal the order.​ 259.10 (c) Except as otherwise provided in paragraphs (e), (f), and (g), if a party appeals from​ 259.11 an order ruling on a motion under section 554.09, all proceedings between all parties in the​ 259.12 action are stayed. The stay remains in effect until the conclusion of the appeal.​ 259.13 (d) During a stay under paragraph (a), the court may allow limited discovery if a party​ 259.14 shows that specific information is necessary to establish whether a party has satisfied or​ 259.15 failed to satisfy a burden under section 554.13, paragraph (a), and the information is not​ 259.16 reasonably available unless discovery is allowed.​ 259.17 (e) A motion under section 554.16 for costs, attorney fees, and expenses is not subject​ 259.18 to a stay under this section.​ 259.19 (f) A stay under this section does not affect a party's ability voluntarily to dismiss a cause​ 259.20 of action or part of a cause of action or move to sever a cause of action.​ 259.21 (g) During a stay under this section, the court for good cause may hear and rule on:​ 259.22 (1) a motion unrelated to the motion under section 554.09; and​ 259.23 (2) a motion seeking a special or preliminary injunction to protect against an imminent​ 259.24 threat to public health or safety.​ 259.25 Sec. 5. [554.11] HEARING.​ 259.26 (a) The court shall hear a motion under section 554.09 not later than 60 days after filing​ 259.27 of the motion, unless the court orders a later hearing:​ 259.28 (1) to allow discovery under section 554.10, paragraph (d); or​ 259.29 (2) for other good cause.​ 259​ Article 18 Sec. 5.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 260.1 (b) If the court orders a later hearing under paragraph (a), clause (1), the court shall hear​ 260.2 the motion under section 554.09 not later than 60 days after the court order allowing the​ 260.3 discovery, unless the court orders a later hearing under paragraph (a), clause (2).​ 260.4 Sec. 6. [554.12] PROOF.​ 260.5 In ruling on a motion under section 554.09, the court shall consider the pleadings, the​ 260.6 motion, any reply or response to the motion, and any evidence that could be considered in​ 260.7 ruling on a motion for summary judgment under Minnesota Rules of Civil Procedure 56.03.​ 260.8 Sec. 7. [554.13] DISMISSAL OF CAUSE OF ACTION IN WHOLE OR PART.​ 260.9 (a) In ruling on a motion under section 554.09, the court shall dismiss with prejudice a​ 260.10 cause of action, or part of a cause of action, if:​ 260.11 (1) the moving party establishes under section 554.08, paragraph (b), that sections 554.07​ 260.12 to 554.19 apply;​ 260.13 (2) the responding party fails to establish under section 554.08, paragraph (c), that​ 260.14 sections 554.07 to 554.19 do not apply; and​ 260.15 (3) either:​ 260.16 (i) the responding party fails to establish a prima facie case as to each essential element​ 260.17 of the cause of action; or​ 260.18 (ii) the moving party establishes that:​ 260.19 (A) the responding party failed to state a cause of action upon which relief can be granted;​ 260.20 or​ 260.21 (B) there is no genuine issue as to any material fact and the moving party is entitled to​ 260.22 judgment as a matter of law on the cause of action or part of the cause of action.​ 260.23 (b) A voluntary dismissal without prejudice of a responding party's cause of action, or​ 260.24 part of a cause of action, that is the subject of a motion under section 554.09 does not affect​ 260.25 a moving party's right to obtain a ruling on the motion and seek costs, attorney fees, and​ 260.26 expenses under section 554.16.​ 260.27 (c) A voluntary dismissal with prejudice of a responding party's cause of action, or part​ 260.28 of a cause of action, that is the subject of a motion under section 554.09 establishes for the​ 260.29 purpose of section 554.16 that the moving party prevailed on the motion.​ 260​ Article 18 Sec. 7.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 261.1 Sec. 8. [554.14] RULING.​ 261.2 The court shall rule on a motion under section 554.09 not later than 60 days after a​ 261.3 hearing under section 554.11.​ 261.4 Sec. 9. [554.15] APPEAL.​ 261.5 A moving party may appeal as a matter of right from an order denying, in whole or in​ 261.6 part, a motion under section 554.09. The appeal must be filed not later than 30 days after​ 261.7 entry of the order.​ 261.8 Sec. 10. [554.16] COSTS, ATTORNEY FEES, AND EXPENSES.​ 261.9 On a motion under section 554.09, the court shall award court costs, reasonable attorney​ 261.10 fees, and reasonable litigation expenses related to the motion:​ 261.11 (1) to the moving party if the moving party prevails on the motion; or​ 261.12 (2) to the responding party if the responding party prevails on the motion and the court​ 261.13 finds that the motion was frivolous or filed solely with intent to delay the proceeding.​ 261.14 Sec. 11. [554.17] CONSTRUCTION.​ 261.15 Sections 554.07 to 554.19 must be broadly construed and applied to protect the exercise​ 261.16 of the right of freedom of speech and of the press, the right to assemble and petition, and​ 261.17 the right of association, guaranteed by the United States Constitution or Minnesota​ 261.18 Constitution.​ 261.19 Sec. 12. [554.18] UNIFORMITY OF APPLICATION AND CONSTRUCTION.​ 261.20 In applying and construing this uniform act, consideration must be given to the need to​ 261.21 promote uniformity of the law with respect to its subject matter among states that enact it.​ 261.22 Sec. 13. [554.19] SAVINGS CLAUSE.​ 261.23 Sections 554.07 to 554.19 do not affect a cause of action asserted before the effective​ 261.24 date of sections 554.07 to 554.19 in a civil action or a motion under Minnesota Statutes​ 261.25 2022, sections 554.01 to 554.06, regarding the cause of action.​ 261​ Article 18 Sec. 13.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 262.1 Sec. 14. [554.20] NO WAIVER OF OTHER PLEADINGS OR DEFENSES.​ 262.2 A special motion for expedited relief under sections 554.07 to 554.19 is not meant to​ 262.3 waive a defense or preclude the filing of another pleading or motion regarding the cause of​ 262.4 action.​ 262.5 Sec. 15. REVISOR INSTRUCTION.​ 262.6 The revisor of statutes shall prepare legislation for the 2025 legislative session making​ 262.7 any additional conforming changes arising out of this article.​ 262.8 Sec. 16. REPEALER.​ 262.9 Minnesota Statutes 2022, sections 554.01; 554.02; 554.03; 554.04; 554.045; 554.05;​ 262.10 and 554.06, are repealed.​ 262.11 Sec. 17. EFFECTIVE DATE.​ 262.12 This article is effective the day following final enactment and applies to a civil action​ 262.13 pending on or commenced on or after that date.​ 262​ Article 18 Sec. 17.​ REVISOR KLL H5216-4​ HF5216 FOURTH ENGROSSMENT​ 16E.035 TECHNOLOGY INVENTORY.​ The chief information officer must prepare a financial inventory of technology owned or leased​ by the Department of Information Technology Services. The inventory must include: (1) information​ on how the technology fits into the state's information technology architecture; and (2) a projected​ replacement schedule. The chief information officer must report the inventory to the legislative​ committees with primary jurisdiction over state technology issues by July 1 of each even-numbered​ year.​ 16E.0465 TECHNOLOGY APPROVAL.​ Subdivision 1. Application. This section applies to an appropriation of more than $1,000,000​ of state or federal funds to a state agency for any information and telecommunications technology​ project or for any phase of such a project, device, or system. For purposes of this section, an​ appropriation of state or federal funds to a state agency includes an appropriation:​ (1) to a constitutional officer;​ (2) for a project that includes both a state agency and units of local government; and​ (3) to a state agency for grants to be made to other entities.​ Subd. 2. Required review and approval. (a) A state agency receiving an appropriation for an​ information and telecommunications technology project subject to this section must divide the​ project into phases.​ (b) An encumbrance or expenditure may not be made for any phase of a state agency information​ and telecommunications technology project subject to this section unless the Department of​ Information Technology Services has reviewed each phase of the project and based on this review,​ the chief information officer has determined for each phase that:​ (1) the project is compatible with the state information architecture and other policies and​ standards established by the chief information officer;​ (2) the agency is able to accomplish the goals of the phase of the project with the funds​ appropriated; and​ (3) the project supports the enterprise information technology strategy.​ 16E.055 ELECTRONIC GOVERNMENT SERVICES.​ A state agency that implements electronic government services for fees, licenses, sales, or other​ purposes must use the single entry site created by the chief information officer for all agencies to​ use for electronic government services.​ 16E.20 ELECTRONIC CONDUCT OF STATE BUSINESS.​ The chief information officer shall develop and implement a system under which:​ (1) state business can be conducted and permits or licenses obtained through electronic​ communication with the appropriate state agencies; and​ (2) applications for grants can be made electronically to state agencies when feasible.​ 241.265 HIGHER EDUCATION; CERTAIN PAYMENTS PROHIBITED.​ The commissioner may not pay for a college education program beyond the associate of arts​ degree level for an inmate convicted of first- or second-degree murder. The commissioner of​ corrections may only pay for an associate of arts college education program for an inmate convicted​ of first or second degree murder if the inmate's participation in the program does not increase the​ cost of the program to the institution.​ 480.242 DISTRIBUTION OF CIVIL LEGAL SERVICES FUNDS TO QUALIFIED​ LEGAL SERVICES PROGRAMS.​ Subdivision 1. Advisory committee. The supreme court shall establish an advisory committee​ to assist it in performing its responsibilities under sections 480.24 to 480.244. The advisory committee​ shall consist of 11 members appointed by the supreme court including seven attorneys-at-law who​ are well acquainted with the provision of legal services in civil matters, two public members who​ are not attorneys and two persons who would qualify as eligible clients. Four of the attorney-at-law​ members shall be nominated by the State Bar Association in the manner determined by it, and three​ of the attorney-at-law members shall be nominated by the programs in Minnesota providing legal​ 1R​ APPENDIX​ Repealed Minnesota Statutes: H5216-4​ services in civil matters on July 1, 1982, with funds provided by the federal Legal Services​ Corporation in the manner determined by them. In making the appointments of the attorney-at-law​ members, the supreme court shall not be bound by the nominations prescribed by this section. In​ making appointments to the advisory committee, the supreme court shall ensure that urban and​ rural areas of the state are represented. The supreme court shall adopt by rule policies and procedures​ for the operation of the advisory committee including, but not limited to, policies and procedures​ governing membership terms, removal of members, and the filling of membership vacancies.​ 554.01 DEFINITIONS.​ Subdivision 1. Scope. The definitions in this section apply to this chapter.​ Subd. 2. Government. "Government" includes a branch, department, agency, official, employee,​ agent, or other person with authority to act on behalf of the federal government, this state, or any​ political subdivision of this state, including municipalities and their boards, commissions, and​ departments, or other public authority.​ Subd. 3. Judicial claim; claim. "Judicial claim" or "claim" includes any civil lawsuit, cause of​ action, claim, cross-claim, counterclaim, or other judicial pleading or filing seeking damages for​ an alleged injury. "Judicial claim" does not include a claim solely for injunctive relief.​ Subd. 4. Motion. "Motion" includes any motion to dismiss, motion for summary judgment, or​ any other judicial pleading filed to dispose of a judicial claim.​ Subd. 5. Moving party. "Moving party" means any person on whose behalf the motion described​ in section 554.02, subdivision 1, is filed seeking dismissal of an action under this chapter.​ Subd. 6. Public participation. "Public participation" means speech or lawful conduct that is​ genuinely aimed in whole or in part at procuring favorable government action, including but not​ limited to:​ (1) seeking assistance from, or reporting suspected unlawful conduct to, law enforcement;​ (2) speaking before a zoning board regarding a real estate development project;​ (3) communicating with an elected official concerning a change in law;​ (4) demonstrating peacefully for or against a government action; and​ (5) filing a complaint with a government entity regarding safety, sexual harassment, civil rights,​ or equal employment rights.​ Subd. 7. Responding party. "Responding party" means any person against whom a motion​ described in section 554.02, subdivision 1, is filed.​ 554.02 PROTECTION OF CITIZENS TO PARTICIPATE IN GOVERNMENT.​ Subdivision 1. Applicability. This section applies to any motion in a judicial proceeding to​ dispose of a judicial claim on the grounds that the claim materially relates to an act of the moving​ party that involves public participation.​ Subd. 2. Procedure. On the filing of any motion described in subdivision 1:​ (1) discovery must be suspended pending the final disposition of the motion, including any​ appeal; provided that the court may, on motion and after a hearing and for good cause shown, order​ that specified and limited discovery be conducted;​ (2) the responding party has the burden of proof, of going forward with the evidence, and of​ persuasion on the motion;​ (3) the court shall grant the motion and dismiss the judicial claim unless the court finds that the​ responding party has produced clear and convincing evidence that the acts of the moving party are​ not immunized from liability under section 554.03; and​ (4) any governmental body to which the moving party's acts were directed or the attorney​ general's office may intervene in, defend, or otherwise support the moving party.​ 554.03 IMMUNITY.​ Lawful conduct or speech that is genuinely aimed in whole or in part at procuring favorable​ government action is immune from liability, unless the conduct or speech constitutes a tort or a​ violation of a person's constitutional rights.​ 2R​ APPENDIX​ Repealed Minnesota Statutes: H5216-4​ 554.04 FEES AND DAMAGES.​ Subdivision 1. Attorney fees and costs. The court shall award a moving party who prevails in​ a motion under this chapter reasonable attorney fees and costs associated with the bringing of the​ motion.​ Subd. 2. Damages. (a) A moving party may petition the court for damages under this section​ in conjunction with a motion under this chapter.​ (b) If a motion under this chapter is granted and the moving party demonstrates that the​ respondent brought the cause of action in the underlying lawsuit for the purpose of harassment, to​ inhibit the moving party's public participation, to interfere with the moving party's exercise of​ protected constitutional rights, or otherwise wrongfully injure the moving party, the court shall​ award the moving party actual damages. The court may award the moving party punitive damages​ under section 549.20. A motion to amend the pleadings under section 549.191 is not required under​ this section, but the claim for punitive damages must meet all other requirements of section 549.191.​ 554.045 ACTION IN DISTRICT COURT.​ A person may bring an action under this section in state district court against a respondent who​ has brought a claim in federal court that materially relates to public participation by the person. If​ the person demonstrates that the respondent's action in federal court was brought for the purpose​ of harassment, to inhibit the person's public participation, to interfere with the person's exercise of​ protected constitutional rights, or otherwise wrongfully injure the person, the court shall award the​ person actual damages and reasonable attorney fees and costs. The court may award the person​ punitive damages under section 549.20.​ 554.05 RELATIONSHIPS TO OTHER LAW.​ Nothing in this chapter limits or precludes any rights the moving party or responding party may​ have under any other constitutional, statutory, case, or common law, or rule. Nothing in this chapter​ exempts individuals from their professional obligations of confidentiality.​ 554.06 RULE OF CONSTRUCTION.​ This chapter shall be construed liberally to effectuate its purposes and intent.​ 559.201 DEFINITIONS.​ Subdivision 1. Application. The definitions in this section apply to section 559.202.​ Subd. 2. Business day. "Business day" means any day other than a Saturday, Sunday, or holiday​ as defined in section 645.44, subdivision 5.​ Subd. 3. Family farm security loan. "Family farm security loan" has the meaning given in​ Minnesota Statutes 2008, section 41.52, subdivision 5.​ Subd. 4. Multiple seller. "Multiple seller" means a person that has acted as a seller in four or​ more contracts for deed involving residential real property during the 12-month period that precedes​ either: (1) the date on which the purchaser executes a purchase agreement under section 559.202;​ or (2) if there is no purchase agreement, the date on which the purchaser executes a contract for​ deed under section 559.202. A contract for deed transaction that is exempt under section 559.202,​ subdivision 2, is a contract for deed for the purposes of determining whether a seller is a multiple​ seller.​ Subd. 5. Person. "Person" means a natural person, partnership, corporation, limited liability​ company, association, trust, or other legal entity, however organized.​ Subd. 6. Purchase agreement. "Purchase agreement" means a purchase agreement for a contract​ for deed, an earnest money contract, or an executed option contemplating that, at closing, the seller​ and the purchaser will enter into a contract for deed.​ Subd. 7. Purchaser. "Purchaser" means a natural person who enters into a contract for deed to​ purchase residential real property. Purchaser includes all purchasers who enter into the same contract​ for deed to purchase residential real property.​ Subd. 8. Residential real property. "Residential real property" means real property consisting​ of one to four family dwelling units, one of which the purchaser intends to occupy as the purchaser's​ principal place of residence. Residential real property does not include property subject to a family​ farm security loan or a transaction subject to sections 583.20 to 583.32.​ 3R​ APPENDIX​ Repealed Minnesota Statutes: H5216-4​ 559.202 CONTRACTS FOR DEED INVOLVING RESIDENTIAL PROPERTY.​ Subdivision 1. Notice required. (a) In addition to the disclosures required under sections 513.52​ to 513.60, a multiple seller must deliver the notice specified under subdivision 3 to a prospective​ purchaser as provided under this subdivision.​ (b) If there is a purchase agreement, the notice must be affixed to the front of the purchase​ agreement. A contract for deed for which notice is required under this subdivision may not be​ executed for five business days following the execution of the purchase agreement and delivery of​ the notice and instructions for cancellation.​ (c) If there is no purchase agreement, a multiple seller must deliver the notice in a document​ separate from any other document or writing to a prospective purchaser no less than five business​ days before the prospective purchaser executes the contract for deed.​ (d) The notice must be:​ (1) written in at least 12-point type; and​ (2) signed and dated by the purchaser.​ (e) If a dispute arises concerning whether or when the notice required by this subdivision was​ provided to the purchaser, there is a rebuttable presumption that the notice was not provided unless​ the original executed contract for deed contains the following statement, initialed by the purchaser:​ "By initialing here ....... purchaser acknowledges receipt at least five business days before signing​ this contract for deed of the disclosure statement entitled "Important Information About Contracts​ for Deed" required by Minnesota Statutes, section 559.202, subdivision 3."​ Subd. 2. Exception. This section does not apply to sales made under chapter 282 or if the​ purchaser is represented throughout the transaction by either:​ (1) a person licensed to practice law in this state; or​ (2) a person licensed as a real estate broker or salesperson under chapter 82, provided that the​ representation does not create a dual agency, as that term is defined in section 82.55, subdivision​ 6.​ Subd. 3. Content of the notice. The notice must contain the following verbatim language:​ "IMPORTANT INFORMATION ABOUT CONTRACTS FOR DEED​ Know What You Are Getting Into​ (1) A contract for deed is a complex legal agreement. You are NOT a tenant. Mortgage foreclosure​ laws don't apply.​ (2) You should know ALL of your obligations and rights before you sign a purchase agreement or​ contract for deed.​ (3) You (seller must circle one):​ have to pay homeowner's insurance.​ DO NOT​ DO​ (a)​ have to pay property taxes.​ DO NOT​ DO​ (b)​ have to make and pay for some or all of the repairs or maintenance, as​ described in the contract for deed.​ DO NOT​ DO​ (c)​ (4) After some time, you may need to make a large lump sum payment (called a "balloon payment").​ Know when it is due and how much it will be. You'll probably need to get a new mortgage, another​ financial arrangement, or pay for the balance in cash at that time.​ (5) If you miss just a single payment or can't make the balloon payment, the seller can cancel your​ contract. You will likely lose all the money you have already paid. You will likely lose your ability​ to purchase the home. The seller can begin an eviction action against you in just a few months.​ (6) Within four months of signing the contract for deed, you must "record" it in the office of the​ county recorder or registrar of titles in the county in which the property is located. If you do not do​ so, you could face a fine.​ Key Things Highly Recommended Before You Sign​ 4R​ APPENDIX​ Repealed Minnesota Statutes: H5216-4​ (1) Get advice from a lawyer or the Minnesota Home Ownership Center at 1-866-462-6466 or go​ to www.hocmn.org. To find a lawyer through the Minnesota State Bar Association, go to​ www.mnfindalawyer.com.​ (2) Get an independent, professional appraisal of the property to learn what it is worth.​ (3) Get an independent, professional inspection of the property.​ (4) Buy title insurance or ask a real estate lawyer for a "title opinion."​ (5) Check with the city or county to find out if there are inspection reports or unpaid utility bills.​ (6) Check with a title agent or the county where the property is located to find out if there is a​ mortgage or other lien on the property and if the property taxes have been paid.​ (7) Ensure that your interest rate does not exceed the maximum allowed by law by calling the​ Department of Commerce to get a recorded message for the current month's maximum rate.​ If You Are Entering into a Purchase Agreement​ (1) If you haven't already signed the contract for deed, you can cancel the purchase agreement (and​ get all your money back) if you do so within five business days after getting this notice.​ (2) To cancel the purchase agreement, you must follow the provisions of Minnesota Statutes, section​ 559.217, subdivision 4. Ask a lawyer for help."​ Subd. 4. Right to cancel purchase agreement. (a) A prospective purchaser may cancel a​ purchase agreement within five business days after actually receiving the notice required under​ subdivision 1 if a multiple seller fails to timely deliver the notice, provided that the contract for​ deed has not been executed by all parties.​ (b) A prospective purchaser may cancel the purchase agreement in accordance with the provisions​ of section 559.217, subdivision 4.​ (c) In the event of cancellation, the multiple seller may not impose a penalty and must promptly​ refund all payments made by the prospective purchaser prior to cancellation.​ Subd. 5. Remedies for failure to timely deliver notices. (a) Notwithstanding any contrary​ provision in the purchase agreement or contract for deed, a purchaser has a private right of action​ against a multiple seller who fails to timely deliver the notice required under subdivision 1. The​ multiple seller is liable to the purchaser for:​ (1) the greater of actual damages or statutory damages of $2,500; and​ (2) reasonable attorney fees and court costs.​ (b) A multiple seller who knowingly fails to timely deliver the notice required under subdivision​ 1 is liable to the purchaser for triple the actual or statutory damages available under paragraph (a),​ whichever is greater, provided that the purchaser must elect the remedy provided under either​ paragraph (a) or this paragraph and may not recover damages under both paragraphs.​ (c) The rights and remedies provided in this subdivision are cumulative to, and not a limitation​ of, any other rights and remedies provided under law. An action brought pursuant to this subdivision​ must be commenced within four years from the date of the alleged violation.​ Subd. 6. Effects of violation. A violation of this section has no effect on the validity of the​ contract.​ Subd. 7. Duty of multiple seller to account. Upon reasonable request by the purchaser and no​ more than once every 12-month period, a multiple seller must provide an accounting of all payments​ made pursuant to the contract for deed, the amount of interest paid, and the amount remaining to​ satisfy the principal balance under the contract.​ Subd. 8. No waiver. The provisions of this section may not be waived.​ 609B.050 DEFINITIONS; PURPOSE; CROSS-REFERENCES.​ Subdivision 1. Definitions. For purposes of this chapter:​ (1) "automatically" means either by operation of law or by the mandated action of a designated​ official or agency; and​ 5R​ APPENDIX​ Repealed Minnesota Statutes: H5216-4​ (2) "collateral sanction" means a legal penalty, disability, or disadvantage, however denominated,​ that is imposed on a person automatically when that person is convicted of or found to have​ committed a crime, even if the sanction is not included in the sentence. Collateral sanction does​ not include:​ (i) a direct consequence of the crime such as a criminal fine, restitution, or incarceration; or​ (ii) a requirement imposed by the sentencing court or other designated official or agency that​ the convicted person provide a biological specimen for DNA analysis, provide fingerprints, or​ submit to any form of assessment or testing.​ Subd. 2. Statement of purpose. This chapter contains cross-references to Minnesota Statutes​ imposing collateral sanctions. This chapter provides quick access to the cross-referenced collateral​ sanctions by using the following categories:​ (1) collateral sanctions relating to employment and licensing;​ (2) collateral sanctions relating to teaching;​ (3) collateral sanctions relating to nursing and other health care licenses;​ (4) collateral sanctions relating to transportation;​ (5) collateral sanctions relating to elections;​ (6) collateral sanctions relating to carriers;​ (7) collateral sanctions relating to miscellaneous licensing provisions;​ (8) collateral sanctions relating to liquor;​ (9) collateral sanctions relating to gambling;​ (10) collateral sanctions relating to fiduciary service and public office vacancies;​ (11) collateral sanctions relating to local government;​ (12) collateral sanctions relating to metropolitan area officers and peace officers;​ (13) collateral sanctions relating to driving and motor vehicles;​ (14) collateral sanctions relating to prison program eligibility;​ (15) collateral sanctions relating to offender registration;​ (16) collateral sanctions relating to crimes against a person; crimes of violence;​ (17) collateral sanctions relating to possession of firearms, explosives, and similar devices;​ (18) collateral sanctions relating to services and benefits;​ (19) collateral sanctions relating to property rights;​ (20) collateral sanctions relating to civil rights and remedies;​ (21) collateral sanctions relating to recreational activities; and​ (22) collateral sanctions relating to game and fish laws.​ Subd. 3. Cautionary language. The following cautionary language should be noted:​ (1) the list of collateral sanctions laws contained in this chapter is intended to be comprehensive​ but is not necessarily complete;​ (2) the inclusion or exclusion of a collateral sanction in this chapter is not intended to have any​ substantive legal effect;​ (3) the cross-references used in this chapter are intended solely to indicate the contents of the​ cross-referenced section or subdivision and are not part of the cross-referenced statute;​ (4) the cross-references are not substantive and may not be used to construe or limit the meaning​ of any statutory language; and​ (5) users must consult the language of each cross-referenced law to fully understand the scope​ and effect of the collateral sanction it imposes.​ 6R​ APPENDIX​ Repealed Minnesota Statutes: H5216-4​ 609B.100 EMPLOYMENT AND OCCUPATIONAL LICENSING; GENERALLY.​ Sections 609B.101 to 609B.113 provide references to collateral sanctions related to employment​ and licensing.​ 609B.101 FALSE OR FRAUDULENT CLAIM TO LEGISLATURE; FORFEITURE OF​ OFFICE.​ A state officer convicted of violating section 3.756 forfeits the state office.​ 609B.102 SUBVERSIVE ACT; EMERGENCY MANAGEMENT EMPLOYMENT​ PROHIBITED.​ Section 12.43 prohibits a person from employment with an emergency management organization​ who has been convicted of a subversive act against the United States.​ 609B.103 VIOLATION OF AQUATIC FARMS REGULATIONS; AQUATIC FARM​ OCCUPATIONAL LICENSE VOID.​ A conviction for a violation of an aquatic farm law or rule will result in an aquatic farm license​ of the violator being voided under certain circumstances provided in section 17.4998.​ 609B.104 VIOLATION OF CERTIFIED SEED POTATO LAW; RIGHT TO HANDLE​ CERTIFIED SEED POTATOES REVOKED.​ Section 21.122 requires the commissioner of agriculture to refuse the privilege of handling​ certified seed potatoes in any way during the season in which a person is convicted for a second​ offense under sections 21.111 to 21.122.​ 609B.106 UNLICENSED OR IMPROPER EXHIBIT; REMOVAL FROM STATE​ FAIRGROUNDS.​ (a) If a person is convicted under section 37.18, the person's license shall be suspended, and all​ money paid in connection with a performance or exhibit shall be forfeited to the Minnesota State​ Agricultural Society.​ (b) A person engaging in a play, game, concert, or theatrical or other performance, or exhibiting​ a show of any kind on the State Fairgrounds without a license from the society must be removed​ from the State Fairgrounds.​ 609B.107 NONCOMPLIANCE; STATE CIVIL SERVICE EMPLOYMENT​ PROHIBITED.​ Under section 43A.39, a person convicted of a crime based on violations of chapter 43A shall​ be ineligible for appointment in the civil service for three years following conviction.​ 609B.108 CRIMINAL CONDUCT; MUNICIPAL SERVICE EMPLOYMENT​ PROHIBITED.​ Section 44.11 requires the municipal personnel board to reject candidates or eligible persons​ who have been found guilty of criminal conduct.​ 609B.109 INSURANCE POLICY VIOLATIONS; INSURANCE BUSINESS​ DISQUALIFICATION.​ Section 72A.02 disqualifies a company, which has more than one conviction for making, issuing,​ delivering, or tendering any policy of insurance of any kind in violation of any provision of law,​ from conducting any insurance business until payment of all fines and for one year thereafter.​ 609B.110 INSURANCE CONTRACTS; AGENT AND INSURANCE BUSINESS​ DISQUALIFICATION.​ Upon conviction for a violation under sections 60K.30 to 60K.56, the commissioner of commerce​ shall suspend the authority of a convicted agent to transact any insurance business within the state​ for a period of not less than three months under section 72A.07.​ 609B.111 LIFE INSURANCE POLICY MISREPRESENTATION; LICENSE​ REVOCATION.​ The license of any company that authorizes or permits a violation of section 72A.12, subdivision​ 2, shall be revoked. Upon a conviction under section 72A.12, subdivision 3, the commissioner of​ 7R​ APPENDIX​ Repealed Minnesota Statutes: H5216-4​ commerce shall revoke the license of a company and its agents, and grant no new license within​ one year after the conviction.​ 609B.112 VIOLATION OF AQUATIC VEGETATION IN PUBLIC WATERS LICENSE;​ LICENSE VOID.​ If a person is convicted of violating section 84.42 for the second time within three years, that​ person's license issued under section 84.091 shall become null and void, and no license of the same​ kind shall be issued for one year after the date of the conviction.​ 609B.113 MISREPRESENTATION OF FISH SPECIES CONVICTION; FISH VENDOR​ LICENSE REVOCATION.​ If a licensed fish vendor or an employee of the fish vendor is convicted of misrepresenting a​ species of fish that is sold, the license shall be revoked and the licensee is not eligible to obtain a​ fish vendor's license for one year after revocation under section 97C.861.​ 609B.120 TEACHING; COLLATERAL SANCTIONS.​ Sections 609B.121 to 609B.123 provide references to teaching related collateral sanctions.​ 609B.121 CHILD ABUSE, SEXUAL ABUSE, OR SIMILAR CONVICTION;​ REVOCATION OR DENIAL OF TEACHER'S LICENSE.​ Under section 122A.20 or any similar law of another state or the United States, a person convicted​ of child abuse or sexual abuse, using minors in a sexual performance, or possessing pornographic​ works involving a minor shall have the person's teaching license revoked.​ 609B.122 CHILD ABUSE, SEXUAL ABUSE, OR SIMILAR CONVICTION; CERTAIN​ TEACHERS DISCHARGED.​ Upon receipt of notice that the teacher's license has been revoked due to a conviction for child​ abuse or sexual abuse under section 122A.20, a teacher under contract either as a probationary​ teacher or a continuing-contract teacher under section 122A.40 or 122A.41 must be discharged.​ 609B.123 SEX OFFENDER; INDEPENDENT DISTRICT SCHOOL BOARD​ INELIGIBILITY.​ Under section 123B.09, a sex offender who has been convicted of an offense for which​ registration is required under section 243.166 is ineligible to become a candidate for the office of​ school board member.​ 609B.124 NURSING AND OTHER HEALTH CARE LICENSING; COLLATERAL​ SANCTIONS.​ Sections 609B.125 to 609B.130 provide references to nursing and other health care​ licensing-related collateral sanctions.​ 609B.125 NURSING HOME EMPLOYMENT; DISQUALIFICATION.​ A person who was a controlling person of another nursing home during any period of time in​ the previous two-year period, as defined by law, and was convicted of a felony or gross misdemeanor​ that relates to operation of the nursing home or directly affects resident safety or care during that​ period is disqualified from becoming a controlling person of a nursing home under section 144A.04.​ 609B.126 NURSING HOME LICENSE; REVOCATION.​ Under section 144A.11, subdivision 3a, a nursing home license shall be revoked if a controlling​ person is convicted of a felony or gross misdemeanor that relates to operation of the nursing home​ or directly affects resident safety or care.​ 609B.127 HOME CARE EMPLOYMENT; DISQUALIFICATION.​ Under section 144A.476:​ (1) no person may be involved in the management, operation, or control of a home care provider​ if the person has been disqualified under the provisions of chapter 245C; and​ (2) employees, contractors, and volunteers of a home care provider or hospice with prior criminal​ convictions shall be disqualified under the provisions of chapter 245C.​ 8R​ APPENDIX​ Repealed Minnesota Statutes: H5216-4​ 609B.128 HOSPICE CARE EMPLOYMENT; DISQUALIFICATION.​ Under section 144A.754:​ (1) no person may be involved in the management, operation, or control of a hospice provider​ if the person has been disqualified under the provisions of chapter 245C; and​ (2) employees, contractors, and volunteers of a hospice provider with prior criminal convictions​ shall be disqualified under the provisions of chapter 245C.​ 609B.129 FELONY-LEVEL CRIMINAL SEXUAL CONDUCT CONVICTION;​ MEDICAL LICENSE DENIAL OR REVOCATION.​ Under section 147.091, subdivision 1a, the Board of Medical Practice may not grant a license​ to practice medicine to a person convicted of a felony-level criminal sexual conduct offense, and​ a license to practice medicine is automatically revoked if the licensee is convicted of a felony-level​ criminal sexual conduct offense.​ 609B.130 PHARMACY LICENSE AND REGISTRATION; ELIGIBILITY.​ Under section 151.06, the Board of Pharmacy shall deny, suspend, revoke, or refuse to renew​ any registration or license required under chapter 151 to any applicant, registrant, or licensee upon​ any of the following grounds:​ (1) in the case of a pharmacist, conviction in any court of a felony;​ (2) in the case of a pharmacist, conviction in any court of an offense involving moral turpitude;​ (3) conviction of theft of drugs, or the unauthorized use, possession, or sale thereof; or​ (4) in the case of a pharmacist, aiding suicide or aiding attempted suicide, as established by a​ copy of the record of criminal conviction or plea of guilty for a felony in violation of section 609.215,​ subdivision 1 or 2.​ 609B.132 TRANSPORTATION; COLLATERAL SANCTIONS.​ Sections 609B.133 to 609B.136 provide references to collateral sanctions related to transportation.​ 609B.133 PUBLIC CONTRACTS; ELIGIBILITY FOR PUBLIC TRANSPORTATION​ CONTRACTS.​ Under section 161.315, a contractor and the contractor's affiliates convicted of a contract crime​ are disqualified from receiving the award of a state contract or from serving as a subcontractor or​ material supplier under a state contract.​ 609B.134 MOTOR VEHICLE DEALER VIOLATION; SUSPENSION OR REVOCATION​ OF DEALER LICENSE.​ Under section 168.276, the registrar of motor vehicles shall suspend for a period of 30 days a​ person's license for the sale of new or used motor vehicles upon the receipt of a second record of​ conviction for a violation of section 168.27, and upon receipt of a third record of conviction, the​ person's license shall be permanently revoked.​ 609B.135 FRAUD, MISREPRESENTATION, AND DELAY; REVOCATION OF​ INSURER'S LICENSE.​ Under section 176.195, the commissioner of commerce shall revoke the license of an insurer​ to write workers' compensation insurance, if the insurer, or an agent of the insurer, has been found​ guilty of fraud, misrepresentation, or culpable, persistent, and unreasonable delay in making payments​ or settlements under chapter 176.​ 609B.136 VIOLATIONS BY BOILER INSPECTORS; REMOVAL FROM OFFICE.​ An inspector found guilty of a misdemeanor under section 326B.992 shall be removed from​ office.​ 609B.139 ELECTIONS; COLLATERAL SANCTIONS.​ Sections 609B.140 to 609B.146 provide references to collateral sanctions related to elections.​ 609B.140 CONVICTION FOR FAILURE TO PROSECUTE; FORFEITURE OF OFFICE.​ A county attorney convicted of a misdemeanor under section 201.275 shall forfeit office.​ 9R​ APPENDIX​ Repealed Minnesota Statutes: H5216-4​ 609B.141 CONVICTION FOR TREASON OR FELONY; INELIGIBILITY FOR BALLOT​ CERTIFICATION.​ If a person is convicted of a felony or treason and has not had the person's civil rights restored,​ under section 204B.10 the person's name shall not be certified to be placed on a ballot.​ 609B.142 CONVICTED SEX OFFENDER; SCHOOL BOARD MEMBER​ INELIGIBILITY.​ Under section 205A.06, subdivision 1b, a person convicted of an offense for which registration​ is required under section 243.166 is ineligible to become a candidate for the office of school board​ member and may not file an affidavit of candidacy for that office. Ineligibility is determined by​ registration requirements in effect at the time the offender files for office.​ 609B.143 VIOLATION OF CAMPAIGN FINANCIAL REPORTS; FORFEITURE OF​ NOMINATION OR OFFICE.​ If a candidate is convicted of a campaign violation under section 211A.09, the court shall declare​ that the candidate has forfeited nomination or office.​ 609B.144 CONVICTION FOR VIOLATION OF CAMPAIGN FINANCIAL REPORTS;​ DISQUALIFICATION.​ A person convicted of violating chapter 211A or a person whose election to office has been set​ aside for violating chapter 211A may not be appointed to fill a vacancy in the office under section​ 211A.10.​ 609B.146 CONVICTION FOR VIOLATION OF FAIR CAMPAIGN PRACTICES;​ DISQUALIFICATION.​ A person convicted of violating chapter 211B or a person whose election to office has been set​ aside for violating chapter 211B may not be appointed to fill a vacancy in the office under section​ 211B.18.​ 609B.147 CARRIERS; COLLATERAL SANCTIONS.​ Sections 609B.148 and 609B.149 provide references to collateral sanctions related to carriers.​ 609B.148 DRIVER'S LICENSE SUSPENSION OR CANCELLATION; DENIAL OF​ APPLICATION; INTERSTATE MOTOR CARRIER.​ Under section 221.0314, subdivision 3a, paragraph (e), the commissioner of transportation shall​ deny an application if, during the three years preceding the application, the applicant's driver's​ license has been suspended, canceled, or revoked or the applicant has been convicted of a​ disqualifying offense as defined in Code of Federal Regulations, title 49, section 383.51, paragraph​ (b)(2).​ 609B.149 CONVICTION OF BACKGROUND CHECK CRIME; PASSENGER CARRIER​ DISQUALIFICATION.​ If the background check response required under section 221.178 shows that the driver has been​ convicted of a background check crime defined in section 299C.67, subdivision 2, paragraph (a)​ or (b), the driver may not be employed by a motor carrier of passengers to operate a vehicle providing​ passenger transportation.​ 609B.1495 MISCELLANEOUS LICENSING PROVISIONS; COLLATERAL​ SANCTIONS.​ Sections 609B.150 to 609B.164 provide references related to miscellaneous licensing provisions.​ 609B.150 RACETRACK OCCUPATIONAL LICENSES; INELIGIBILITY.​ A person convicted of a felony; fraud or misrepresentation in connection with racing or breeding;​ or a violation of law or rule relating to horse racing, pari-mutuel betting, or any other form of​ gambling that is a serious violation as defined by the Minnesota Racing Commission's rules, is​ ineligible for a class C occupational license under section 240.08.​ 609B.151 HUMAN SERVICES LICENSE; DISQUALIFICATION FOR CONVICTION.​ Under section 245A.04, the commissioner of human services shall not issue a license if the​ applicant, license holder, or controlling individual has been disqualified and the disqualification​ was not set aside. Disqualifications under section 245A.04 are governed according to sections​ 10R​ APPENDIX​ Repealed Minnesota Statutes: H5216-4​ 245C.14 and 245C.15. Convictions resulting in human services license disqualification are​ enumerated under section 245C.15.​ 609B.152 CONVICTION FOR FAILURE TO COMPLY; TAX LEVY FOR SOCIAL​ SERVICES; REMOVAL FROM OFFICE.​ Any county commissioner convicted under section 261.063 shall be immediately removed from​ office by the governor.​ 609B.153 CIGARETTE AND TOBACCO DISTRIBUTOR OR SUBJOBBER LICENSE;​ SUSPENSION OR REVOCATION.​ Under section 297F.04, the commissioner of revenue must not issue or renew a license issued​ under chapter 297F, and may revoke a license issued under chapter 297F, if the applicant has been​ convicted of a crime involving cigarettes or tobacco products.​ 609B.155 RESIDENTIAL BUILDING MANAGER; BACKGROUND CHECK.​ Under section 299C.69, an owner of a residential building may not hire a person as a residential​ building manager or, if the person was hired pending completion of the background check, shall​ terminate the person's employment if a residential building manager or a person applying for a​ position as a residential building manager is convicted of a background check crime defined in​ section 299C.67, subdivision 2, paragraph (a). Except as provided under section 299C.69, paragraph​ (c), if the owner knows that a residential building manager has been convicted of a background​ check crime defined in section 299C.67, subdivision 2, paragraph (a), the owner shall terminate​ the manager's employment. For background check crimes defined in section 299C.67, subdivision​ 2, paragraph (a), the owner may not employ a manager unless more than ten years have elapsed​ since the date of discharge of the sentence, except as provided under section 299C.69, paragraph​ (c).​ 609B.157 GAMBLING DEVICES LICENSE; INELIGIBILITY.​ Under section 299L.07, the commissioner of public safety may not issue or renew a license​ under chapter 299L, and shall revoke a license under chapter 299L, if the applicant or licensee, or​ a director, officer, partner, governor, person in a supervisory or management position of the applicant​ or licensee, an employee eligible to make sales on behalf of the applicant or licensee, or a direct or​ indirect holder of more than a five percent financial interest in the applicant or licensee has been​ convicted of:​ (1) a felony;​ (2) a crime involving gambling;​ (3) assault;​ (4) a criminal violation involving the use of a firearm; or​ (5) making terroristic threats.​ 609B.158 PETROLEUM DISCRIMINATION; REVOCATION OF PERMIT.​ Under section 325D.67, if a person or firm is convicted of a petroleum discrimination violation,​ the attorney general shall see to it that the corporation's permit to do business is revoked.​ 609B.159 PAWNBROKER LICENSE; INELIGIBILITY.​ A person convicted of a crime directly related to a pawnbroker licensed as prescribed by section​ 364.03, subdivision 2, is not eligible to maintain or receive a pawnbroker license under section​ 325J.03 unless the person has shown competent evidence of sufficient rehabilitation and present​ fitness to perform the duties of a licensee under chapter 325J as prescribed by section 364.03,​ subdivision 3.​ 609B.160 PRIVATE DETECTIVE OR PROTECTIVE AGENT EMPLOYMENT;​ DISQUALIFICATION.​ Under section 326.336, a private detective or protective agent license holder shall immediately​ dismiss an employee who has been convicted of a felony or any offense listed in section 326.3381,​ subdivision 3, other than a misdemeanor or gross misdemeanor assault.​ 11R​ APPENDIX​ Repealed Minnesota Statutes: H5216-4​ 609B.161 PRIVATE DETECTIVE OR PROTECTIVE AGENT BUSINESS LICENSE;​ DISQUALIFICATION.​ Under section 326.3381, a person is disqualified from holding a private detective or protective​ agent business license if that person has been convicted of:​ (1) a felony by the courts of this or any other state or of the United States;​ (2) acts which, if committed in Minnesota, would be criminal sexual conduct; assault; theft;​ larceny; burglary; robbery; carjacking; unlawful entry; extortion; defamation; buying or receiving​ stolen property; using, possessing, manufacturing, or carrying weapons unlawfully; using, possessing,​ or carrying burglary tools unlawfully; escape; or possession, production, sale, or distribution of​ narcotics unlawfully; or​ (3) acts in any other country which, if committed in Minnesota, would be a felony or considered​ as any of the other offenses listed in clause (2) and for which a full pardon or similar relief has not​ been granted.​ 609B.162 ACTS PROHIBITED DURING LABOR DISPUTES, STRIKES, AND​ LOCKOUTS; SUSPENSION.​ The license of a person convicted of violating section 326.3384 shall be suspended for the​ periods described under section 326.3384, subdivision 2, paragraph (c).​ 609B.164 INDIVIDUAL COLLECTOR REGISTRATION; PRIOR CONVICTIONS AS​ DISQUALIFICATION.​ Under section 332.35, a license shall not be issued to, and registration shall not be accepted for,​ any person, firm, corporation, or association, or any officers, which, within the past five years, have​ been convicted in any court of fraud or any felony.​ 609B.1641 BULLION COIN DEALER AND REPRESENTATIVE REGISTRATION;​ CONVICTIONS.​ Under section 80G.04, the commissioner of commerce shall deny a registration or renewal of​ registration or revoke a registration of a bullion coin dealer or coin dealer representative, if the​ bullion coin dealer or coin dealer representative has within the last ten years been convicted of a​ financial crime or other crime involving fraud or theft.​ 609B.1645 LIQUOR, GAMBLING, FIDUCIARY SERVICE AND PUBLIC OFFICE​ VACANCIES; COLLATERAL SANCTIONS.​ Sections 609B.165 to 609B.177 provide references to liquor, gambling, and fiduciary service​ and public office vacancies collateral sanctions.​ 609B.165 CONVICTION; RETAIL LIQUOR LICENSE INELIGIBILITY.​ Under section 340A.402, no new retail license may be issued to a person who, within five years​ of the license application, has been convicted of a felony or a willful violation of a federal or state​ law or local ordinance governing the manufacture, sale, distribution, or possession for sale or​ distribution of an alcoholic beverage.​ 609B.168 FELONY CONVICTION AND VIOLATIONS OF CHAPTER 340A;​ CONSUMPTION AND DISPLAY PERMIT INELIGIBILITY.​ Under section 340A.414, the commissioner of public safety may not issue a permit to an applicant​ who has, within five years prior to the application, been convicted of a felony or of violating any​ provision of chapter 340A or rules adopted under chapter 340A.​ 609B.170 LAWFUL GAMBLING AND GAMBLING DEVICES LICENSES;​ DISQUALIFICATIONS.​ (a) Under section 349.155, in the case of licenses for manufacturers, distributors, distributor​ salespersons, linked bingo game providers, and gambling managers, the Gambling Control Board​ may not issue or renew a license under chapter 349, and shall revoke a license under chapter 349,​ if the applicant or licensee, or a director, officer, partner, governor, or person in a supervisory or​ management position of the applicant or licensee has been convicted of:​ (1) a felony or a crime involving gambling;​ (2) assault;​ 12R​ APPENDIX​ Repealed Minnesota Statutes: H5216-4​ (3) a criminal violation involving the use of a firearm; or​ (4) making terroristic threats.​ (b) Under section 349.155, in the case of licenses for organizations, the Gambling Control Board​ may not issue or renew a license under chapter 349, and shall revoke a license under chapter 349,​ if the organization or an officer or member of the governing body of the organization has been​ convicted of:​ (1) a felony or gross misdemeanor involving theft or fraud; or​ (2) a crime involving gambling.​ 609B.171 GAMBLING MANAGER'S LICENSE; DISQUALIFICATION.​ Under section 349.167, the Gambling Control Board may not issue a gambling manager's license​ to a person applying for the license who has been convicted of a criminal violation involving fraud,​ theft, tax evasion, misrepresentation, or gambling.​ 609B.172 STATE LOTTERY EMPLOYMENT; INELIGIBILITY.​ Under section 349A.02, no person may be employed by the State Lottery who has been convicted​ of a felony or a crime involving fraud or misrepresentation within five years of starting employment​ with the State Lottery, or has been convicted of a gambling-related offense.​ 609B.173 STATE LOTTERY RETAILERS; DISQUALIFICATION.​ Under section 349A.06, subdivision 2, the director of the State Lottery may not contract with​ a retailer who has been convicted within the previous five years of a felony or gross misdemeanor,​ any crime involving fraud or misrepresentation, or a gambling-related offense.​ 609B.174 STATE LOTTERY RETAILERS; LICENSE CANCELLATION, SUSPENSION,​ AND REFUSAL TO RENEW CONTRACTS OR LOCATIONS.​ Under section 349A.06, subdivision 11, the director of the State Lottery shall cancel the contract​ of any lottery retailer who has been convicted of a felony or gross misdemeanor or prohibit a lottery​ retailer who has been convicted of a felony or gross misdemeanor from selling lottery tickets at a​ business location.​ 609B.175 STATE LOTTERY VENDOR CONTRACTS; INELIGIBILITY.​ Under section 349A.07, the director of the State Lottery may not enter into a lottery procurement​ contract with an applicant who has been convicted of a felony within the last ten years, has been​ convicted of a gross misdemeanor or gambling-related misdemeanor within the last five years, or​ has been found guilty of any crime involving fraud or misrepresentation within the last five years.​ 609B.176 INCUMBENT'S CONVICTION; VACATE OFFICE.​ Under section 351.02, a public office shall become vacant following the incumbent's conviction​ of a crime or an offense involving a violation of the official oath.​ 609B.177 FELONY CONVICTION; VIOLATION OF FEDERAL LAW; PROHIBITION​ FROM FIDUCIARY STATUS.​ Under section 356A.03, a person, other than a constitutional officer of the state, who has been​ convicted of a violation under section 356A.03, subdivision 3, may not serve in a fiduciary capacity​ identified in section 356A.02.​ 609B.179 LOCAL GOVERNMENT; COLLATERAL SANCTIONS.​ Sections 609B.180 to 609B.189 provide references to collateral sanctions related to local​ government.​ 609B.180 REMOVAL FROM OFFICE.​ A person convicted of violating section 365.37, a provision regulating bid requirements of​ towns, must leave office.​ 609B.181 TOWN TREASURER NEGLECT OF DUTY; FORFEITURE OF OFFICE.​ A town treasurer convicted under section 367.17 for refusing or neglecting to comply with​ section 367.16 shall forfeit office as treasurer.​ 13R​ APPENDIX​ Repealed Minnesota Statutes: H5216-4​ 609B.183 CONVICTION; ST. LOUIS COUNTY CIVIL SERVICE INELIGIBILITY.​ A conviction under section 383C.055 shall render the public office or position held by the​ convicted person vacant.​ 609B.184 COUNTY AUDITOR'S MALFEASANCE; VACATE OFFICE.​ Under section 384.03, if the county auditor is convicted on any neglect of duty or offense charge​ related to office, the office shall be deemed vacant.​ 609B.185 SHERIFF'S DEPARTMENT EMPLOYMENT; DISQUALIFICATION.​ A person who has been found guilty of criminal conduct is ineligible for employment as a sheriff​ under section 387.36.​ 609B.187 CONVICTION; POLICE DEPARTMENT SERVICE INELIGIBILITY.​ Under section 419.06, a candidate or eligible person who, after the entry of the eligible person's​ name, has been found guilty of criminal conduct shall be rejected from police department​ employment.​ 609B.188 CONVICTION; FIRE DEPARTMENT SERVICE INELIGIBILITY.​ Under section 420.07, a candidate or eligible person who, after the entry of the eligible person's​ name, has been found guilty of criminal conduct shall be rejected from fire department employment.​ 609B.189 CONVICTION FOR CONFLICT OF INTEREST; DISQUALIFICATION​ FROM LOCAL TRANSIT COMMISSION.​ A person convicted of violating section 458A.02 shall be automatically removed from a position​ with the St. Cloud Metropolitan Transit Commission and shall be disqualified from holding the​ position.​ 609B.191 METROPOLITAN AREA OFFICERS AND PEACE OFFICERS.​ Sections 609B.192 to 609B.195 provide references to metropolitan area officers and peace​ officers related to collateral sanctions.​ 609B.192 CONVICTION FOR ADVERSE INTEREST OF COMMISSIONER OF​ METROPOLITAN MOSQUITO CONTROL COMMISSION; DISQUALIFICATION FROM​ COMMISSION.​ A commissioner of the Metropolitan Mosquito Control Commission convicted of violating​ section 473.706 shall be automatically disqualified from further service on the commission.​ 609B.193 BRIBERY CONVICTION; FORFEITURE OF OFFICE AND​ DISQUALIFICATION.​ Under section 609.42, subdivision 2, a public officer convicted of violating or attempting to​ violate section 609.42, subdivision 1, shall forfeit the office and be disqualified from holding public​ office.​ 609B.194 FELONY CONVICTION; AUTOMATIC PEACE OFFICER LICENSE​ REVOCATION.​ Under section 626.8431, the license of a peace officer convicted of a felony is automatically​ revoked.​ 609B.195 CONVICTION FOR LOCKUP VIOLATIONS; DISQUALIFICATION FROM​ POSITION.​ A person convicted of violating section 642.13 is disqualified from holding the office of sheriff,​ jailer, police officer, marshal, or keeper of any jail or lockup for a period of six years.​ 609B.200 DRIVING AND MOTOR VEHICLES; GENERALLY.​ Sections 609B.201 to 609B.277 provide references to collateral sanctions related to driving and​ motor vehicles.​ 609B.201 CONTROLLED SUBSTANCE OFFENSE; REVOCATION.​ (a) If a court determines under section 152.0271 that a person convicted of a controlled substance​ offense under sections 152.021 to 152.027 committed the crime while driving a motor vehicle, the​ 14R​ APPENDIX​ Repealed Minnesota Statutes: H5216-4​ court must notify the commissioner of public safety and order the commissioner to revoke the​ license for 30 days.​ (b) A person's driver's license is revoked under section 171.172 if that person is convicted or​ adjudicated for a controlled substance offense under chapter 152.​ 609B.203 FAILURE TO PRODUCE PROOF OF INSURANCE; REVOCATION.​ (a) A person's driver's license is revoked under section 169.792, subdivision 7, if that person,​ whether a driver or motor vehicle owner, fails to provide proof of insurance under the requirements​ of section 169.792.​ (b) If a person whose driver's license has been revoked under the circumstances specified in​ paragraph (a) is also the owner of the motor vehicle, the motor vehicle registration is also revoked​ under section 169.792, subdivision 12.​ (c) A person, an owner, or, in certain circumstances, a driver, who operates a motor vehicle​ upon a public highway, road, or street, fails to have vehicle insurance, and contributes to a vehicle​ accident resulting in death or substantial bodily harm, is subject to revocation under section 169.797,​ subdivision 4, paragraph (c), for not more than 12 months.​ 609B.205 FLEEING PEACE OFFICER; REVOCATION.​ A person's driver's license is revoked under section 171.174 if that person is convicted of fleeing​ a peace officer under section 609.487, subdivision 3 or 4. The periods of revocation vary depending​ upon the offense of conviction and whether the offense of conviction is a second or subsequent​ offense.​ 609B.206 DWI CONVICTIONS; LICENSE REVOCATIONS.​ Subdivision 1. Scope. The collateral sanctions discussed in this section are codified in section​ 169A.54.​ Subd. 2. Driving while impaired; revocation. (a) A person's driver's license must be revoked​ for the following time periods if the person is convicted under section 169A.20:​ (1) for an offense under section 169A.20, subdivision 1: not less than 30 days;​ (2) for an offense under section 169A.20, subdivision 2: not less than 90 days;​ (3) for an offense occurring within ten years of a qualified prior impaired driving incident:​ (i) if the current conviction is for a violation of section 169A.20, subdivision 1, not less than​ 180 days; or​ (ii) if the current conviction is for a violation of section 169A.20, subdivision 2, not less than​ one year;​ (4) for an offense occurring within ten years of two qualified prior impaired driving incidents:​ not less than one year, together with denial; and​ (5) for an offense occurring within ten years of the first of three or more qualified prior impaired​ driving incidents: not less than two years, together with denial.​ (b) If a person is convicted of violating section 169A.20 while under the age of 21, the​ commissioner of public safety shall revoke the offender's driver's license for a period of six months,​ or for the appropriate period of time under paragraph (a), clauses (1) to (5), for the offense committed,​ whichever is the greatest period.​ 609B.216 REVOCATION OF DRIVER'S LICENSES; OFFENSES.​ Under section 171.17, the Department of Public Safety is required to revoke a person's driver's​ license upon receiving a record of the driver's conviction of any offense specified in subdivision 1,​ paragraph (a), clauses (1) to (10).​ 609B.231 COMMERCIAL VEHICLE VIOLATIONS; REVOCATION.​ Subdivision 1. Scope. The collateral sanctions discussed in this section are codified in section​ 168.013.​ Subd. 2. Revocation. (a) In addition to criminal penalties, a person driving commercial vehicles​ with an excess of gross weight is subject under section 168.013, subdivision 3, paragraph (d), under​ 15R​ APPENDIX​ Repealed Minnesota Statutes: H5216-4​ certain circumstances, to cancellation of the certificate of registration and impoundment of​ registration plates.​ (b) A person operating a commercial motor vehicle who commits a specified first or second​ driving offense, a defined serious traffic violation, a violation of an out-of-service order, or a railroad​ grade crossing violation is disqualified under section 171.17 from operating a commercial motor​ vehicle for varying periods depending upon the offense committed as set forth in section 171.17,​ subdivision 1.​ 609B.235 DRIVING AND LICENSE VIOLATIONS; PLATE IMPOUNDMENT.​ Subdivision 1. Scope. The collateral sanctions found in this section are codified in section​ 169A.60.​ Subd. 2. Plate impoundment. When a person is arrested for or charged with a plate impoundment​ violation, the commissioner of public safety may issue an impoundment order. Under section​ 169A.60, subdivision 1, paragraph (d), "plate impoundment violation" includes:​ (1) a violation of section 169A.20, 169A.52, or 171.177 resulting in revocation of a person's​ driver's license within ten years of a qualified prior impaired driving incident;​ (2) a license disqualification under section 171.165 resulting from violation of section 169A.52​ or 171.177 within ten years of a qualified prior impaired driving incident;​ (3) a violation of section 169A.20, 169A.52, or 171.177 while having an alcohol concentration​ of 0.20 percent or more measured at the time or within two hours of the time of offense;​ (4) a violation of section 169A.20, 169A.52, or 171.177 while having a child under the age of​ 16 in the vehicle if the child is more than 36 months younger than the offender; or​ (5) a violation of section 171.241 by a person whose driver's license has been canceled under​ section 171.04, subdivision 1, clause (10), inimical to public safety.​ 609B.237 IMPOUNDING REGISTRATION PLATES.​ Subdivision 1. Scope. The collateral sanctions discussed in this section are codified in section​ 168.041.​ Subd. 2. Driving after suspension, revocation, or cancellation. A person convicted of driving​ a self-propelled motor vehicle after suspension, revocation, or cancellation of the person's driver's​ license shall have the registration plates impounded under section 168.041, subdivision 1.​ Subd. 3. Moving violations; previous convictions. If a person is convicted of a moving violation​ and has a previous conviction, the court may order the commissioner of public safety to suspend​ the person's driver's license for a period not exceeding one year under section 168.041, subdivision​ 2.​ 609B.241 FAILURE TO PRODUCE PROOF OF INSURANCE; REVOCATION;​ REINSTATEMENT.​ Subdivision 1. Scope. The collateral sanctions discussed in this section are codified in section​ 171.29.​ Subd. 2. Examination required. A person whose license has been revoked under sections​ 169.791, 169.792, 169.797, 169A.52, 171.17, and 171.177 must successfully pass an examination​ required by the commissioner of safety to be issued another license.​ Subd. 3. Reinstatement fees. A person whose license has been revoked under sections 169A.52,​ 169A.54, 171.177, and 609.2112 to 609.2114 must pay varying fees and surcharges for driver's​ license reinstatement.​ Subd. 4. Compliance with impoundment laws. A person whose license was revoked under​ section 169A.52, 169A.54, or 171.177 may not be issued another license at the end of the revocation​ period unless all applicable registration plate impoundment provisions have been complied with.​ 609B.245 LIMITED LICENSE.​ Subdivision 1. Scope. The collateral sanctions discussed in this section are codified in section​ 171.30.​ Subd. 2. Conditions of issuance. A person whose license has been suspended under section​ 171.173, 171.18, or 171.186, or revoked under section 169.792, 169.797, 169A.52, 169A.54, 171.17,​ 16R​ APPENDIX​ Repealed Minnesota Statutes: H5216-4​ 171.172, or 171.177, must satisfy certain conditions set forth in section 171.30, subdivision 1, to​ acquire a limited license.​ Subd. 3. Waiting periods. Section 171.30, subdivisions 2, 2a, 2b, and 2c, set forth varying​ waiting periods for revocations under specified statutes.​ 609B.255 SCHOOL BUS ENDORSEMENT OR PRIVILEGE TO OPERATE;​ CANCELLATION.​ Subdivision 1. Disqualifying offense; permanent cancellation. If a school bus driver is​ convicted of a disqualifying offense, as defined under section 171.3215, subdivision 1, the​ commissioner of public safety shall permanently cancel the offender's endorsement to drive a school​ bus.​ Subd. 2. Certain other convictions; cancellation for five years. (a) A school bus driver's​ endorsement shall be canceled for five years under section 171.3215, subdivision 2, for a conviction​ under section 169A.20 or for a revocation of a school bus driver's license under section 169A.52​ or 171.177.​ (b) If a school bus driver has certain multiple convictions, under varying circumstances, that​ driver's endorsement shall be canceled for five years as set forth in section 171.3215, subdivision​ 2.​ Subd. 3. Crimes against minor; permanent cancellation. If a Head Start bus driver is convicted​ of certain crimes against a minor, that driver's passenger endorsement shall be permanently canceled​ under section 171.3215, subdivision 3. "Crimes against a minor" is defined in section 171.3215,​ subdivision 3. "Head Start bus driver" is defined in section 171.3215, subdivision 1.​ Subd. 4. Conviction for certain offenses; additional conditions for endorsements. Applicants​ having been convicted of certain offenses are required to satisfy additional conditions in seeking​ renewal or issuance of a bus driver's endorsements under section 171.3215, subdivision 3.​ Subd. 5. Waiver of permanent cancellation. Under section 171.3215, subdivision 4, the​ commissioner of public safety may waive the permanent cancellation requirement for specified​ crimes.​ 609B.262 INSTRUCTIONAL PERMIT ELIGIBILITY.​ Subdivision 1. Scope. The collateral sanctions in this section are codified in section 171.05.​ Subd. 2. No instruction permit issuance. A person who is under 18 years of age shall not be​ issued a permit under section 171.05, subdivision 1a, if the person has been convicted of a violation​ of section 169A.20, 169A.33, 169A.35, sections 169A.50 to 169A.53, or section 171.177, or a​ crash-related moving violation.​ Subd. 3. Permit use. A permit holder must maintain a driving record free of convictions for​ moving violations, as defined in section 171.04, subdivision 1, and free of convictions of the offenses​ specified in section 171.05, subdivision 2b.​ 609B.263 PERSONS NOT ELIGIBLE FOR DRIVER'S LICENSES.​ A person applying for a license must, under section 171.04, subdivision 1, for 12 months​ consecutive preceding application, while holding a provisional license, have incurred no convictions​ for a violation of section 169A.20, 169A.33, 169A.35, sections 169A.50 to 169A.53, or section​ 171.177, no convictions for a crash-related moving violation, or not more than one conviction for​ a moving violation that is not crash related. "Moving violation" means a violation of a traffic​ violation but does not include a parking violation or warning citation.​ Section 171.04, subdivision 1, clauses (2) to (14), set forth further eligibility criteria, including​ categories of ineligible persons.​ 609B.265 PROVISIONAL LICENSE ELIGIBILITY.​ Subdivision 1. Scope. The collateral sanctions in this section are codified in section 171.055.​ Subd. 2. Eligibility. A person applying for a provisional license must, under section 171.055,​ subdivision 1, paragraph (a), clause (2), for six months immediately preceding application for the​ provisional license, have possessed an instruction permit and have incurred no convictions for a​ violation of section 169A.20, 169A.33, 169A.35, sections 169A.50 to 169A.53, or section 171.177,​ no convictions for a crash-related moving violation, and no convictions for a moving violation that​ is not crash related.​ 17R​ APPENDIX​ Repealed Minnesota Statutes: H5216-4​ Subd. 3. No issuance. Under section 171.055, subdivision 2, paragraph (b), if a holder of a​ provisional license during the period of provisional licensing incurs a conviction of an offense​ specified in that paragraph, then that person may not be issued a driver's license until 12 consecutive​ months have expired since the date of the conviction or until the person reaches the age of 18 years,​ whichever occurs first.​ 609B.271 UNDERAGE DRINKING OFFENSE; REVOCATION.​ (a) A person's driver's license is revoked for 30 days if the person is under the age of 21 and​ convicted of driving, operating, or controlling a motor vehicle while consuming alcoholic beverages​ in violation of section 169A.33.​ (b) A person's driver's license is revoked for 180 days if the person has previously been convicted​ of driving, operating, or controlling a motor vehicle while under the age of 21 while consuming​ alcoholic beverages as described in paragraph (a) and is convicted again.​ 609B.273 UNDERAGE DRINKING OFFENSE; SUSPENSION.​ Under section 171.173, a person convicted of or a juvenile adjudicated for an underage drinking​ offense under section 340A.503, subdivision 1, paragraph (a), shall have the person's license​ suspended if the commissioner of public safety has been notified by the court of a 30-day or 180-day​ suspension under section 169A.33, subdivision 4.​ 609B.275 COMMERCIAL DRIVER'S LICENSE; DISQUALIFICATION.​ Subdivision 1. Disqualification. A person is disqualified from operating a commercial motor​ vehicle in accordance with the driver disqualifications and penalties in Code of Federal Regulations,​ title 49, part 383, subpart D, and Code of Federal Regulations, title 49, section 384.219.​ Subd. 2. Implied consent revocation. A person is disqualified from operating a commercial​ motor vehicle in accordance with the driver disqualifications and penalties in Code of Federal​ Regulations, title 49, part 383, subpart D.​ 609B.277 ILLEGAL PURCHASE OF ALCOHOL OR TOBACCO; SUSPENSION.​ A person's driver's license is suspended for 90 days for various selling and purchasing alcohol​ or tobacco offenses as set forth in section 171.171.​ 609B.301 DEFINITION.​ For purposes of sections 609B.310 to 609B.312, with respect to persons convicted of a crime,​ "committed" means committed to the custody of the commissioner of corrections.​ 609B.310 PRISON PROGRAM ELIGIBILITY; COLLATERAL SANCTIONS.​ Sections 609B.311 and 609B.312 provide references to collateral sanctions related to prison​ program eligibility.​ 609B.311 MURDER CONVICTION; HIGHER EDUCATION PAYMENTS FOR PRISON​ INMATES LIMITED.​ Section 241.265 prohibits the commissioner of corrections from paying for certain higher​ education programs for an inmate convicted of first- or second-degree murder.​ 609B.312 CHALLENGE INCARCERATION PROGRAM; ELIGIBILITY.​ Under section 244.17, offenders committed for a conviction listed in section 244.17, subdivision​ 3, clause (1), or persons convicted within the preceding ten years of an offense listed in that section​ and committed for some other offense, are not eligible to be placed in the challenge incarceration​ program.​ 609B.320 OFFENDER REGISTRATION; COLLATERAL SANCTIONS.​ Section 609B.321 provides references to collateral sanctions related to offender registration.​ 609B.321 CRIMINAL CONVICTION; PREDATORY OFFENDERS REGISTRATION​ REQUIRED.​ A person must register as a predatory offender under section 243.166 for convictions of crimes​ listed under section 243.166, subdivision 1b.​ 18R​ APPENDIX​ Repealed Minnesota Statutes: H5216-4​ 609B.330 CRIMES AGAINST A PERSON; CRIMES OF VIOLENCE; COLLATERAL​ SANCTIONS.​ Sections 609B.331 to 609B.333 provide references to collateral sanctions related to crimes​ against persons and crimes of violence.​ 609B.331 CRIME AGAINST THE PERSON CONVICTION; PREDATORY OFFENDER​ REGISTRATION REQUIRED.​ A person convicted of a crime against the person as defined in section 243.167, subdivision 1,​ and meeting the conditions listed under section 243.167, subdivision 2, is required to register as a​ predatory offender under section 243.166.​ 609B.332 CRIME OF VIOLENCE CONVICTION; USE OF POLICE COMMUNICATION​ EQUIPMENT PROHIBITED.​ A person convicted of a crime of violence, as defined in section 624.712, subdivision 5, is not​ entitled to exercise the privilege granted under section 299C.37, subdivision 1, unless ten years​ have elapsed since the person has been restored to civil rights or the sentence has expired, whichever​ occurs first, and during that time the person has not been convicted of any other crime of violence,​ as defined under section 299C.37, subdivision 1.​ 609B.333 CRIME OF VIOLENCE CONVICTION; POSSESSION OF FIREARMS​ PROHIBITED.​ Under section 609.165, subdivision 1a, a person convicted of a crime of violence is not entitled​ to ship, transport, possess, or receive a firearm for the remainder of the person's lifetime, even after​ the person's civil rights have been restored.​ 609B.340 POSSESSION OF FIREARMS, EXPLOSIVES, SIMILAR DEVICES.​ Sections 609B.341 to 609B.345 provide references to collateral sanctions related to possession​ of firearms, explosives, and similar devices.​ 609B.341 DOMESTIC ABUSE ACT; PISTOL POSSESSION PROHIBITION FOR​ REPEAT OFFENDERS.​ If convicted under section 518B.01, subdivision 14, paragraph (b) or (c), a person meeting the​ conditions set forth in section 518B.01, subdivision 14, paragraph (l), is not entitled to possess a​ pistol. Property rights may not be abated but access may be restricted by the courts.​ 609B.342 CRIMINAL CONVICTION; POSSESSION OF FIREARMS; PROHIBITION.​ Section 624.713 determines the conditions and circumstances under which a person convicted​ of a crime is prohibited from the possession of a pistol or semiautomatic military-style weapon.​ 609B.343 CRIME OF VIOLENCE OR CONTROLLED SUBSTANCE CONVICTION;​ EXPLOSIVES LICENSE OR PERMIT PROHIBITED.​ Under section 299F.77, the following are not entitled to receive an explosives license or permit:​ (1) a person convicted of a crime of violence, as defined in section 299F.72, unless ten years​ have elapsed since the person's civil rights have been restored or the sentence has expired, whichever​ occurs first, and during that time the person has not been convicted of any other crime of violence;​ and​ (2) a person convicted of use, possession, or sale of a controlled substance other than conviction​ for possession of a small amount of marijuana, as defined in sections 152.01 and 152.02.​ 609B.344 RESTORATION OF CIVIL RIGHTS; POSSESSION OF EXPLOSIVE OR​ INCENDIARY DEVICES PROHIBITED.​ Section 609.668 prohibits a person from having possession of explosive or incendiary devices​ if the person was convicted of:​ (1) a crime of violence and ten years have not elapsed since civil rights have been restored; and​ (2) unlawful use, possession, or sale of a controlled substance, other than conviction for​ possession of a small amount of marijuana.​ 19R​ APPENDIX​ Repealed Minnesota Statutes: H5216-4​ 609B.345 POSSESSION OF TEAR GAS, TEAR GAS COMPOUNDS, ELECTRONIC​ INCAPACITATION DEVICES; PROHIBITION.​ Section 624.731, subdivision 3, prohibits a person who is prohibited from possessing a pistol​ pursuant to section 624.713, subdivision 1, clauses (2) to (5), from possession of tear gas, tear gas​ compounds, and electronic incapacitation devices.​ 609B.400 SERVICES AND BENEFITS; GENERALLY.​ Sections 609B.405 to 609B.465 provide references to collateral sanctions related to services​ and benefits.​ 609B.405 CONVICTED CURRENTLY SERVING SENTENCE, ON PROBATION, OR​ ON PAROLE; INTERSTATE COMPACT FOR MENTAL HEALTH SERVICES​ CONTRACTS PROHIBITED.​ Under section 245.50, a county board or the commissioner of human services may not contract​ under the Interstate Compact for Mental Health Services with a bordering state for mental health​ services for persons on probation or parole, or who are serving a sentence after conviction for a​ criminal offense.​ 609B.410 WRONGFULLY OBTAINED ASSISTANCE.​ The amount of assistance determined to be obtained in violation of section 256.98, paragraph​ (a), clauses (1) to (3), is recoverable from specified persons who wrongfully obtained assistance.​ 609B.415 PERSONAL CARE PROVIDER ORGANIZATIONS; BACKGROUND​ STUDIES; DISQUALIFICATION.​ A person who is an owner or a managerial official of a personal care provider organization is​ subject to a human services background study under chapter 245C and may be disqualified from​ providing home care services if that person is found to have been convicted of felonies specified​ in chapter 245C.​ 609B.425 DRUG OFFENSE; FLEEING FELONS; GENERAL ASSISTANCE BENEFITS;​ ELIGIBILITY.​ Subdivision 1. Scope. The collateral sanctions discussed in this section are codified in section​ 256D.024.​ Subd. 2. Benefit eligibility. (a) For general assistance benefits and Minnesota supplemental aid​ under chapter 256D, a person convicted of a felony-level drug offense during the previous ten years​ from the date of application or recertification may be subject to random drug testing. The county​ must provide information about substance use disorder treatment programs to a person who tests​ positive for an illegal controlled substance.​ (b) Parole violators and fleeing felons are ineligible for benefits and persons fraudulently​ misrepresenting eligibility are also ineligible to receive benefits for ten years.​ (c) This subdivision does not apply for convictions or positive test results related to cannabis,​ marijuana, or tetrahydrocannabinols.​ 609B.430 MEDICAL ASSISTANCE; INCARCERATION; ELIGIBILITY.​ A person who is enrolled in medical assistance and incarcerated for less than 12 months is​ suspended from the program under section 256B.055, subdivision 14, paragraph (b), from the time​ of incarceration until release.​ 609B.435 DRUG AND OTHER OFFENDERS; MINNESOTA FAMILY INVESTMENT​ PROGRAM; SANCTIONS.​ Subdivision 1. Scope. The collateral sanctions discussed in this section are codified in section​ 256J.26.​ Subd. 2. Drug offenders; random testing; sanctions. A person who is an applicant for benefits​ from the Minnesota family investment program or MFIP, the vehicle for temporary assistance for​ needy families or TANF, and who has been convicted of a felony-level drug offense may be subject​ to random drug testing. Following any positive test for a controlled substance, the county must​ provide information about substance use disorder treatment programs to the applicant or participant.​ This subdivision does not apply for convictions or positive test results related to cannabis, marijuana,​ or tetrahydrocannabinols.​ 20R​ APPENDIX​ Repealed Minnesota Statutes: H5216-4​ Subd. 3. Parole violators; fleeing felons; sanctions. (a) An individual violating a condition​ of probation, parole, or supervised release is disqualified from receiving MFIP.​ (b) An individual who is fleeing to avoid prosecution, custody, or confinement after conviction​ of a felony crime is disqualified from receiving MFIP.​ (c) An individual who fraudulently misrepresents the individual's place of residence in order​ to receive assistance simultaneously from two or more states is disqualified from receiving MFIP​ for ten years.​ 609B.445 CERTAIN CONVICTIONS; PROSPECTIVE ADOPTIVE PARENTS;​ DISQUALIFICATION.​ Under section 259A.10, subdivision 4, a disqualifying condition for adoption exists if a criminal​ background check reveals a felony conviction for child or spousal abuse; for a crime against children;​ for a crime involving violence, including rape, sexual assault, or homicide; or for a felony conviction​ within the past five years for physical assault, battery, or a drug-related offense.​ 609B.450 GASOLINE AND SPECIAL FUEL TAX REFUND SANCTIONS.​ Under sections 296A.16 and 296A.23, a person who makes a false claim for a fuel tax refund​ is guilty of a felony and, if convicted, shall be prohibited from filing for a refund upon gasoline​ purchased within six months after the conviction.​ 609B.455 PUBLIC PENSION; HOMICIDE; BENEFIT LOSS.​ Subdivision 1. Scope. The collateral sanctions discussed in this section are codified in section​ 356.406.​ Subd. 2. Homicide; loss of death benefits. A person charged with a felony causing the death​ of a public pension plan member has the entitlement to the pension suspended.​ Subd. 3. Forfeiture of survivor benefits upon felony conviction. A person who is a survivor​ and convicted of a felony that caused the death of a public pension member forfeits the survivor​ pension benefit.​ Subd. 4. Benefit recovery. If pension benefits have already been paid, the chief administrative​ officer of the pension plan must attempt to recover amounts paid.​ 609B.460 FORMER MINNEAPOLIS POLICE RELIEF ASSOCIATION SERVICE​ PENSIONER; FELONS NOT ENTITLED TO PENSION DURING INCARCERATION.​ A person who is a member of the public employees police and fire retirement plan, who was a​ member of the former Minneapolis Police Relief Association, and who was convicted of a felony,​ is not entitled to a pension or an annuity from the public employee police and fire retirement plan​ during the person's period of incarceration in a penal institution.​ 609B.465 EFFECT OF HOMICIDE ON INTESTATE SUCCESSION, WILLS, JOINT​ TENANTS, LIFE INSURANCE.​ Subdivision 1. Scope. The collateral sanctions discussed in this section are codified in section​ 524.2-803.​ Subd. 2. Surviving spouse, heir, or devisee. A surviving spouse, heir, or devisee who feloniously​ and intentionally kills the decedent is treated as if that person predeceased the decedent.​ Subd. 3. Joint tenant. A joint tenant who feloniously and intentionally kills another joint tenant,​ thereby effects a severance of the interest so the property passes as the decedent's and the killer has​ no rights of survivorship.​ Subd. 4. Bond. A named beneficiary of a bond who feloniously and intentionally kills the​ principal obligee is not entitled to any benefit.​ Subd. 5. Life insurance. A named beneficiary of a life insurance policy who feloniously and​ intentionally kills the person upon whose life the policy is issued is not entitled to any benefit under​ the policy.​ Subd. 6. Other interests. Any other acquisition of property or interest by the killer shall be​ treated as provided in section 524.2-803.​ 21R​ APPENDIX​ Repealed Minnesota Statutes: H5216-4​ 609B.500 PROPERTY RIGHTS; GENERALLY.​ Sections 609B.505 to 609B.545 provide references to collateral sanctions related to property​ rights.​ 609B.505 BURGLARY; CONFISCATION OF SNOWMOBILE.​ Under section 84.89, if a person is convicted of burglary, as defined in section 609.582, and​ uses a snowmobile for committing the crime, the snowmobile shall be seized. The snowmobile's​ seizure and use of the proceeds from a sale are governed by section 97A.225.​ 609B.510 SEIZURE OF FIREARMS AND OTHER PROPERTY.​ Under section 97A.223, a Department of Natural Resources enforcement officer must seize​ firearms possessed in violation of state or federal law and property described in section 97A.221,​ subdivision 1.​ 609B.515 DWI; VEHICLE FORFEITURE.​ Under section 169A.63, a motor vehicle is subject to forfeiture if a driver is convicted of a​ "designated offense," as defined in section 169A.63, subdivision 1.​ Section 169A.63, subdivision 7, specifies limitations on vehicle forfeiture. Section 169A.63,​ subdivisions 8 and 9, provide for administrative forfeiture procedure and judicial forfeiture procedure.​ Section 169A.63, subdivisions 10 and 11, provide for disposition of a forfeited vehicle.​ 609B.518 GAME AND FISH VIOLATIONS; SEIZURE OF MOTOR VEHICLES AND​ BOATS.​ Subdivision 1. Scope. The collateral sanctions discussed in this section are codified in section​ 97A.225.​ Subd. 2. Vehicle forfeiture. A motor vehicle is subject to forfeiture if it is used to:​ (1) shine wild animals (using artificial lights to hunt animals);​ (2) transport big game animals illegally taken or fur-bearing animals illegally purchased; or​ (3) transport minnows in violation of law.​ Subd. 3. Boat or motor forfeiture. Boats and motors are subject to forfeiture when they are​ used to:​ (1) net fish on specified lakes;​ (2) violate certain licensing or operating requirements; and​ (3) take, possess, or transport wild animals.​ 609B.520 GAMBLING VIOLATIONS; ACTIVITIES RESTRICTED.​ Under section 299L.05, a person convicted of violating section 609.76, subdivision 1, clause​ (7), or 609.76, subdivision 2, is prohibited from having lawful gambling under chapter 349 conducted​ on the person's premises, or selling any lottery tickets under chapter 349A.​ 609B.525 CRUELTY TO ANIMALS; FORFEITURE OF ANIMALS.​ Under section 343.21, a person convicted of overworking or mistreating an animal is required​ to turn over other animals in control of the person unless the court determines the person is able​ and fit to provide adequately for the animals.​ 609B.530 CRUELTY TO ANIMALS; JUDGMENT FOR EXPENSES OF​ INVESTIGATIONS.​ Under section 343.23, if a person is found guilty of cruelty to animals under chapter 343, the​ costs of investigation, disposing of animals, and any other expenses shall result in a judgment​ against the guilty person for all expenses.​ 609B.535 DANGEROUS ANIMALS VIOLATION; ANIMALS SEIZED AND​ DESTROYED.​ Under section 609.227, if a person is convicted of a dangerous animal violation under section​ 609.205, clause (4); or 609.226, subdivision 1, 2, or 3, the animal shall be seized and killed, and​ the convicted owner shall pay the cost of confining and killing the animal.​ 22R​ APPENDIX​ Repealed Minnesota Statutes: H5216-4​ 609B.540 POSSESSION OR CONTROL OF OBSCENE MATERIAL; DESTRUCTION​ OF PROPERTY.​ A person convicted of possessing obscene books or other matter under sections 617.241 to​ 617.26 shall have the material seized and destroyed by court order under section 617.27.​ 609B.545 OWNERSHIP RESTRICTION ON ADULT BUSINESS ESTABLISHMENTS.​ Under section 617.242, a person convicted of a specified sex or other related crime may not​ operate or manage an adult entertainment establishment for three years after discharge of the sentence​ for the offense.​ 609B.600 CIVIL RIGHTS AND REMEDIES; GENERALLY.​ Sections 609B.610 to 609B.615 provide references to collateral sanctions related to civil rights​ and remedies.​ 609B.610 FELONY OR TREASON; INELIGIBLE TO VOTE.​ An individual convicted of treason or any felony whose civil rights have not been restored is​ not eligible to vote under section 201.014.​ 609B.611 CRIME OF VIOLENCE; INELIGIBILITY TO POSSESS FIREARMS;​ RESTORATION OF CIVIL RIGHTS.​ (a) Under section 242.31, a person convicted of a crime of violence is not entitled to ship,​ transport, possess, or receive a firearm for the remainder of the person's lifetime, even after the​ person's civil rights have been restored, unless the exception under United States Code, title 18,​ section 925, or section 609.165, subdivision 1d, applies.​ (b) Under section 609.165, subdivision 1a, a person convicted of a crime of violence is not​ entitled to ship, transport, possess, or receive a firearm for the remainder of the person's lifetime,​ even after the person's civil rights have been restored.​ 609B.612 FELONY CONVICTION; NAME CHANGES.​ Under section 259.13, a person with a felony conviction is required to serve notice of application​ for a name change to the prosecuting authority that obtained the conviction, or if the conviction​ was from another state or federal jurisdiction, notice of application must also be served on the​ attorney general.​ 609B.613 FELONY CONVICTION; APPLICATION FOR MARRIAGE LICENSE;​ CHANGE OF NAME UPON MARRIAGE.​ Section 517.08 states that: (1) a person with a felony conviction applying for a marriage license​ must provide to the county proof of service upon the prosecuting authority and, if applicable, the​ attorney general, as required by section 259.13; and (2) that a person with a felony conviction may​ not use a different surname after marriage except as authorized by section 259.13.​ 609B.614 CIVIL REMEDY FORFEITED; CONVICTED PROHIBITED FROM​ RECOVERING FOR INJURIES SUSTAINED DURING CRIMINAL ACT.​ Under section 611A.08, a person convicted of a crime is barred from recovering for injuries​ sustained during the course of criminal conduct, as defined under section 611A.08, subdivision 1.​ 609B.615 COMMERCIAL PROFITING FROM CRIME PROHIBITED.​ Section 611A.68 prohibits the commercial profiting from crime for ten years following conviction​ of a felony. If an offender is imprisoned following the conviction, the ten-year period begins on​ the date of the offender's release from prison.​ 609B.700 RECREATIONAL ACTIVITIES; GENERALLY.​ Section 609B.710 provides references to collateral sanctions related to recreational activities.​ 609B.710 YOUTH OPERATOR VIOLATIONS; WATERCRAFT OPERATOR'S PERMIT​ REVOCATION.​ Subdivision 1. Operator's permit revocation. An operator age 13 years of age or older but​ younger than 18 years of age adjudicated by a juvenile court as having violated section 86B.311,​ subdivision 1, 86B.341, or 169A.20, shall have the operator's permit revoked by the commissioner​ of natural resources.​ 23R​ APPENDIX​ Repealed Minnesota Statutes: H5216-4​ Subd. 2. Surrender of permit. A juvenile adjudicated of the offense listed in subdivision 1​ shall be required to surrender the watercraft operator's permit, which shall be forwarded by the​ court to the commissioner of natural resources with a record of the adjudication.​ 609B.720 GAME AND FISH LAW; COLLATERAL SANCTIONS.​ Sections 609B.721 to 609B.725 provide references to collateral sanctions related to game and​ fish laws.​ 609B.721 CRIMINAL CONVICTIONS; VALIDITY AND ISSUANCE OF LICENSES​ UPON CONVICTION.​ Subdivision 1. Scope. The collateral sanctions discussed in this section are codified in section​ 97A.421. That section governs the validity and issuance of game and fish licenses after a conviction.​ Subd. 2. Annual license void. (a) The annual license of a person convicted of a violation of​ the game and fish laws relating to the license or wild animals covered by the license is void under​ conditions set forth in section 97A.421, subdivision 1.​ (b) Except for big game licenses and as otherwise provided for in section 97A.421, for one year​ after a conviction, the person may not obtain the kind of license or take wild animals under a lifetime​ license issued under section 97A.473 or 97A.474, relating to the game and fish law violation.​ Subd. 3. Issuance of license after buying and selling wild animals. After being convicted of​ buying or selling game fish, big game, or small game and the total amount of the sale is $300 or​ more, a person may not obtain a license to take any wild animal or take wild animals under a lifetime​ license issued under section 97A.473 or 97A.474, for a period of three years.​ Subd. 4. License revocation after conviction. (a) A person may not obtain a license to take a​ wild animal and is prohibited from taking wild animals for a period of five years after the date of​ conviction of a violation when:​ (1) the restitution value of the wild animals is $5,000 or more; or​ (2) the restitution value of the wild animals exceeds $500 and the violation occurs within ten​ years of one or more previous license revocations under section 97A.421, subdivision 2a. Multiple​ revocations shall be consecutive and no wild animals of any kind may be taken during the entire​ period.​ (b) A person may not obtain a license to take the type of wild animals involved in a violation​ where the restitution value of the wild animals exceeds $500 and is prohibited from taking the type​ of wild animals involved in the violation for a period of three years after the date of conviction of​ a violation.​ Subd. 5. Issuance of big game license after conviction. A person may not obtain any big game​ license or take big game under a lifetime license for three years after the person is convicted of:​ (1) a gross misdemeanor violation under the game and fish laws relating to big game;​ (2) doing an act without a required big game license; or​ (3) the second violation within three years under the game and fish laws relating to big game.​ Subd. 6. Issuance after intoxication or narcotics conviction. A person convicted of a violation​ under section 97B.065, relating to hunting while intoxicated or using narcotics, may not obtain a​ license to hunt with a firearm or by archery, or hunt with a firearm or by archery under a lifetime​ license, for five years after a conviction.​ Subd. 7. Suspension for failure to appear in court or pay fine or surcharge. If a person:​ (1) fails to appear for court under a summons issued for a violation of the game and fish laws;​ or​ (2) has been convicted of violating a provision of the game and fish laws, has been sentenced​ to the payment of a fine or had a surcharge levied against them, and refused or failed to comply​ with that sentence the person's game and fish license and permit privileges shall be suspended until​ the person complies.​ 24R​ APPENDIX​ Repealed Minnesota Statutes: H5216-4​ 609B.722 LICENSE AGENT VIOLATIONS; FORFEITURE OF RIGHT TO SELL AND​ HANDLE LICENSES.​ License agents that violate Department of Natural Resources laws or rules relating to license​ sales, handling, or accounting forfeit the right to sell and handle licenses under section 97A.311.​ 609B.723 HUNTING WHILE UNDER THE INFLUENCE OF ALCOHOL OR​ CONTROLLED SUBSTANCE; HUNTING LIMITATIONS.​ Upon conviction for hunting while under the influence of alcohol or a controlled substance​ under section 97B.065, a person is subject to the limitations on hunting privileges provided in​ section 97A.421.​ 609B.724 TRESPASSING; LICENSE AND REGISTRATION RESTRICTIONS.​ (a) Under section 97A.315, if a person is convicted of trespassing while exercising or attempting​ to exercise an activity licensed under game and fish laws, or requiring snowmobile registration​ under section 84.82, the applicable license and registration are null and void.​ (b) A person convicted of a gross misdemeanor under section 97A.315 may not be issued a​ license to take game for two years after the conviction.​ 609B.725 UNLAWFULLY BUYING OR SELLING WILD ANIMALS; LICENSE VOID.​ Licenses possessed by a person convicted under section 97A.325, subdivision 1, are null and​ void and the person may not take wild animals for three years after the conviction.​ 611.20 SUBSEQUENT ABILITY TO PAY COUNSEL.​ Subd. 3. Reimbursement. In each fiscal year, the commissioner of management and budget​ shall deposit the payments in the special revenue fund and credit them to a separate account with​ the Board of Public Defense. The amount credited to this account is appropriated to the Board of​ Public Defense.​ The balance of this account does not cancel but is available until expended. Expenditures by​ the board from this account for each judicial district public defense office must be based on the​ amount of the payments received by the state from the courts in each judicial district. A district​ public defender's office that receives money under this subdivision shall use the money to supplement​ office overhead payments to part-time attorneys providing public defense services in the district.​ By January 15 of each year, the Board of Public Defense shall report to the chairs and ranking​ minority members of the senate and house of representatives divisions having jurisdiction over​ criminal justice funding on the amount appropriated under this subdivision, the number of cases​ handled by each district public defender's office, the number of cases in which reimbursements​ were ordered, the average amount of reimbursement ordered, and the average amount of money​ received by part-time attorneys under this subdivision.​ Subd. 4. Employed defendants; ability to pay. (a) A court may order a defendant to reimburse​ the state for the cost of the public defender. In determining the amount of reimbursement, the court​ shall consider the defendant's income, assets, and employment. If reimbursement is required under​ this subdivision, the court shall order the reimbursement when a public defender is first appointed​ or as soon as possible after the court determines that reimbursement is required. The court may​ accept partial reimbursement from the defendant if the defendant's financial circumstances warrant​ establishing a reduced reimbursement schedule. If a defendant does not agree to make payments,​ the court may order the defendant's employer to withhold a percentage of the defendant's income​ to be turned over to the court.​ (b) If a court determines under section 611.17 that a defendant is financially unable to pay the​ reasonable costs charged by private counsel due to the cost of a private retainer fee, the court shall​ evaluate the defendant's ability to make partial payments or reimbursement.​ Subd. 7. Income withholding. (a) Whenever an obligation for reimbursement of public defender​ costs is ordered by a court under this section, the amount of reimbursement as determined by court​ order must be withheld from the income of the person obligated to pay. The court shall serve a copy​ of the reimbursement order on the defendant's employer. Notwithstanding any law to the contrary,​ the order is binding on the employer when served. Withholding must begin no later than the first​ pay period that occurs after 14 days following the date of the notice. The employer shall withhold​ from the income payable to the defendant the amount specified in the order and shall remit, within​ ten days of the date the defendant is paid the remainder of the income, the amounts withheld to the​ court.​ 25R​ APPENDIX​ Repealed Minnesota Statutes: H5216-4​ (b) An employer shall not discharge, or refuse to hire, or otherwise discipline an employee as​ a result of a wage or salary withholding authorized by this section. The employer shall be liable to​ the court for any amounts required to be withheld. An employer that fails to withhold or transfer​ funds in accordance with this section is also liable for interest on the funds at the rate applicable to​ judgments under section 549.09, computed from the date the funds were required to be withheld.​ An employer that has failed to comply with the requirements of this section is subject to contempt​ of court.​ (c) Amounts withheld under this section do not supersede or have priority over amounts withheld​ pursuant to other sections of law.​ 611.25 POWERS; DUTIES; LIMITATIONS.​ Subd. 3. Duties. The state public defender may require the reporting of statistical data, budget​ information, and other cost factors by the chief district public defenders and appointed counsel​ systems. The state public defender shall design and conduct programs for the training of all state​ and district public defenders, appointed counsel, and attorneys for public defense corporations​ funded under section 611.26. The state public defender shall establish policies and procedures to​ administer the district public defender system, consistent with standards adopted by the State Board​ of Public Defense.​ 611.27 OFFICES OF DISTRICT PUBLIC DEFENDER; FINANCING;​ REPRESENTATION.​ Subd. 6. Case reporting system. The state Board of Public Defense shall adopt and implement​ a uniform system for reporting of hours and cases by district public defenders. District public​ defenders shall provide whatever assistance the board requires in order to implement this reporting​ system.​ Subd. 9. Request for other appointment of counsel. The chief district public defender may​ request that the state public defender authorize appointment of counsel other than the district public​ defender in such cases.​ Subd. 12. Compensation and expenses. Counsel appointed under this subdivision shall document​ the time worked and expenses incurred in a manner prescribed by the chief district public defender.​ 26R​ APPENDIX​ Repealed Minnesota Statutes: H5216-4​