STATE OF
MINNESOTA
EIGHTY-EIGHTH
SESSION - 2013
_____________________
FIFTY-SIXTH
DAY
Saint Paul, Minnesota, Tuesday, May 14, 2013
����� The House of Representatives convened at
9:00 a.m. and was called to order by Paul Thissen, Speaker of the House.
����� Prayer was offered by the Reverend Bruce
Talso, Wyanett Evangelical Free Church, Princeton, Minnesota.
����� The members of the House gave the pledge
of allegiance to the flag of the United States of America.
����� The roll was called and the following
members were present:
Abeler
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
FitzSimmons
Freiberg
Fritz
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk. Thissen
����� A quorum was present.
����� Franson was excused until 2:15 p.m.
����� The Chief Clerk proceeded to read the Journal
of the preceding day.� There being no
objection, further reading of the Journal was dispensed with and the Journal
was approved as corrected by the Chief Clerk.
PETITIONS AND COMMUNICATIONS
����� The following communications were
received:
STATE OF MINNESOTA
OFFICE OF
THE GOVERNOR
SAINT PAUL
55155
May 9,
2013
The
Honorable Paul Thissen
Speaker
of the House of Representatives
The
State of Minnesota
Dear Speaker Thissen:
����� Please be advised that I have received,
approved, signed, and deposited in the Office of the Secretary of State
H. F. Nos. 947, 194, 588 and 1113.
������������������������������������������������������������������������������������������������������������������������������� Sincerely,
������������������������������������������������������������������������������������������������������������������������������� Mark
Dayton
������������������������������������������������������������������������������������������������������������������������������� Governor
STATE OF
MINNESOTA
OFFICE OF
THE SECRETARY OF STATE
ST. PAUL
55155
The Honorable Paul Thissen
Speaker of the House of
Representatives
The Honorable Sandra L. Pappas
President of the Senate
����� I have the honor to inform you that the
following enrolled Acts of the 2013 Session of the State Legislature have been
received from the Office of the Governor and are deposited in the Office of the
Secretary of State for preservation, pursuant to the State Constitution,
Article IV, Section 23:
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2013 |
Date Filed 2013 |
������������������������������ 947������������������������ 49����������������������������������������� 3:42
p.m. May 9����������������������������������� May
9
������������������������������ 194������������������������ 50����������������������������������������� 3:43
p.m. May 9����������������������������������� May
9
������������������������������ 588������������������������ 51����������������������������������������� 3:45
p.m. May 9����������������������������������� May
9
���������������������������� 1113������������������������ 52����������������������������������������� 3:47
p.m. May 9����������������������������������� May
9
������������������������������������������������������������������������������������������������������������������������������� Sincerely,
������������������������������������������������������������������������������������������������������������������������������� Mark
Ritchie
������������������������������������������������������������������������������������������������������������������������������� Secretary
of State
REPORTS OF STANDING COMMITTEES
AND DIVISIONS
Hilstrom from the Committee on Judiciary Finance and Policy to which was referred:
H. F. No. 1139, A bill for an act relating to human services; providing for a prevention of sexual violence working group; modifying provisions related to the Minnesota sex offender program; providing for sexual violence prevention demonstration grants; requiring a public education campaign; modifying the Civil Commitment Act; providing for a report; appropriating money; amending Minnesota Statutes 2012, section 253B.185, subdivision 1, by adding subdivisions.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE 1
STRICT AND INTENSIVE SUPERVISION AND
TREATMENT AND PUBLIC EDUCATION CAMPAIGN
Section 1.�
STRICT AND INTENSIVE
SUPERVISION AND TREATMENT.
The commissioner of human services shall
ensure a regimen of treatment that provides strict and intensive supervision
and treatment (SIST) for individuals civilly committed under Minnesota
Statutes, section 253B.185, who are court-ordered to strict and intensive
supervision and treatment placement or placed on provisional discharge.� The SIST must meet public safety requirements
as specified by the commissioners of human services, public safety, and
corrections, and ensure the safety of the public while meeting the treatment
needs of the civilly committed population.�
The commissioner shall use the information resulting from the January
2013 request for information to determine existing capacity for a range of
options for SIST that are effective and appropriate and allows progression.� The commissioner shall contract with existing
providers to provide SIST.
Sec. 2.� EDUCATION
RELATING TO SEX OFFENDER CIVIL COMMITMENT PROCEDURAL CHANGES.
The commissioner of human services, in
partnership with the ombudsman for mental health and developmental
disabilities, shall develop and provide education to judges and court staff,
county attorneys and other lawyers, and court-appointed examiners about the
civil commitment procedural changes under article 2 and the strict and
intensive supervision and treatment under section 1.
Sec. 3.� PUBLIC
EDUCATION CAMPAIGN.
The commissioner of human services shall
develop a public education campaign informing the general public about the 2012
class action lawsuit relating to the Minnesota sex offender program (MSOP), the
court's rulings, including the order from the court establishing the Sex
Offender Civil Commitment Advisory Task Force and the work of the task force,
and the response by the legislature resulting in the legislation in this act.� The public education campaign must be a statewide
effort to educate Minnesotans on the process of civilly committing sex
offenders and the emerging policy in response to the court's decisions, and
related issues.
EFFECTIVE
DATE.� This section is
effective July 1, 2013.� The commissioner
of human services shall implement this article as soon as practicable.
ARTICLE 2
CIVIL COMMITMENT MODIFICATIONS
Section 1.� Minnesota Statutes 2012, section 246B.10, is amended to read:
246B.10
LIABILITY OF COUNTY; REIMBURSEMENT.
The civilly committed sex offender's county
shall pay to the state a portion of the cost of care provided in by
or through the Minnesota sex offender program to a civilly committed sex
offender who has legally settled in that county.� Cost of care includes care, housing, and
supervision provided to a civilly committed sex offender who is placed on
strict and intensive supervision and treatment or provisional discharge.� A county's payment must be made from the
county's own sources of revenue and payments must equal 25 percent of the cost of
care, as determined by the commissioner, for each day or portion of a day, that
the civilly committed sex offender spends at the a Minnesota sex
offender program facility or on strict and intensive supervision and
treatment or provisional discharge.� If
payments received by the state under this chapter exceed 75 percent of the cost
of care, the county is responsible for paying the state the remaining amount.� The county is not entitled to reimbursement
from the civilly committed sex offender, the civilly committed sex offender's
estate, or from the civilly committed sex offender's relatives, except as
provided in section 246B.07.� For
purposes of this section, cost of care begins after the order for commitment
under section 253B.185, subdivision 1, paragraph (c).
Sec. 2.� Minnesota Statutes 2012, section 253B.18, subdivision 4c, is amended to read:
Subd. 4c.� Special review board.� (a) The commissioner shall establish one or more panels of a special review board.� The board shall consist of three members experienced in the field of mental illness.� One member of each special review board panel shall be a psychiatrist and one member shall be an attorney.� No member shall be affiliated with the Department of Human Services.� The special review board shall meet at least every six months and at the call of the commissioner.� It shall hear and consider all petitions for a reduction in custody or to appeal a revocation of provisional discharge.� A "reduction in custody" means transfer from a secure treatment facility, discharge, and provisional discharge.� Patients may be transferred by the commissioner between secure treatment facilities without a special review board hearing.
Members of the special review board shall receive compensation and reimbursement for expenses as established by the commissioner.
(b) A
petition filed by a person committed as mentally ill and dangerous to the
public under this section must be heard as provided in subdivision 5 and, as
applicable, subdivision 13.� A petition
filed by a person committed as a sexual psychopathic personality or as a
sexually dangerous person under section 253B.185, or committed as both mentally
ill and dangerous to the public under this section and as a sexual psychopathic
personality or as a sexually dangerous person must be heard as provided in
section 253B.185, subdivision 9 253B.19, subdivisions 2, paragraph
(b); and 2a.
Sec. 3.� Minnesota Statutes 2012, section 253B.185, subdivision 1, is amended to read:
Subdivision 1.� Commitment generally.� (a) Except as otherwise provided in this section, the provisions of this chapter pertaining to persons who are mentally ill and dangerous to the public apply with like force and effect to persons who are alleged or found to be sexually dangerous persons or persons with a sexual psychopathic personality.� For purposes of this section, "sexual psychopathic personality" includes any individual committed as a "psychopathic personality" under Minnesota Statutes 1992, section 526.10.
(b) Before commitment proceedings are instituted, the facts shall first be submitted to the county attorney, who, if satisfied that good cause exists, will prepare the petition.� The county attorney may request a prepetition screening report.� The petition is to be executed by a person having knowledge of the facts and filed with the district court of
the county of financial responsibility or the county where the patient is present.� If the patient is in the custody of the commissioner of corrections, the petition may be filed in the county where the conviction for which the person is incarcerated was entered.
(c) Upon the filing of a petition alleging
that a proposed patient is a sexually dangerous person or is a person with a
sexual psychopathic personality, the court shall hear the petition as provided
in section 253B.18, except that section 253B.18, subdivisions 2 and 3, shall
not apply sections 253B.07 and 253B.08.
If the court finds by clear and convincing evidence that
the proposed patient is a sexually dangerous person or is a person with a
sexual psychopathic personality, the court shall commit the person to the
commissioner to place in a secure treatment facility for evaluation and
proposed disposition.� The Minnesota sex
offender program is not required to provide sex offender treatment to the
person until after the court's disposition order.
(d) In commitments under this section,
the court shall commit the patient to a secure treatment facility unless the
patient establishes by clear and convincing evidence that a less restrictive
treatment program is available that is consistent with the patient's treatment
needs and the requirements of public safety.� Within 60 days following commitment and
receipt of the patient, a qualified person or persons designated by the commissioner
shall evaluate the patient, consider possible dispositions, and file a written
disposition report with the committing court.�
If the person is in the custody of the commissioner of corrections when
the commitment is ordered under paragraph (c), the written disposition report
must be filed no later than 60 days after the person is admitted to the secure
treatment facility.� However, the
commissioner may perform part or all of the evaluation, including providing the
disposition report to the court, before the person is received by the
commissioner.� The commissioner may
request that the court grant an extension of the 60-day deadline, which may be
granted for good cause after opportunity for objection by the patient and the
county attorney.� The disposition report
must recommend whether the person should be placed on strict and intensive
supervision and treatment or in a secure treatment facility.� If the recommendation is for placement on
strict and intensive supervision and treatment, the report must specifically
describe the conditions that the program determines would be best suited to
meet the person's treatment needs and the requirements of public safety.� Within 30 days after receiving the
disposition report, unless otherwise agreed by the parties, the court shall
hold a hearing to make a final determination as to the appropriate disposition
of the case.� If the disposition report
recommends placement on strict and intensive supervision and treatment, either
party or the court may request the court examiners to address the sufficiency
and conditions of the plan.
(e) Between the time of the commitment
order under paragraph (c) and the court's disposition order under paragraph
(d), with the agreement of the committed person the person may be held in a
Department of Corrections facility according to the provisions of section
253B.045, subdivision 1a, even though the person is not under a judicial hold
order under section 253B.07, subdivision 2b or 7.� During any time the person is confined in a
Department of Corrections facility under this paragraph, the county's
responsibility for costs of confinement shall not exceed 25 percent, and the
Department of Human Services shall reimburse the Department of Corrections for
the remaining 75 percent.
(f) At the time of commitment, the court
shall provide the commissioner copies of the court-appointed examiners' reports
and the exhibits admitted in the case.� Upon
request of the evaluator, the county attorney shall provide copies of records
gathered by the county attorney for purposes of the case.� Upon request, the evaluator is entitled to
promptly obtain records and data regarding the committed person from the
Department of Corrections, a probation or parole agency, and a program or
provider that has provided sex offender or mental health evaluation or
treatment to the committed person.
(g) A person committed under this section
is not eligible for and shall not receive a pass.� Section 253B.18, subdivisions 4a and 4b, do
not apply to a person committed under this section.
(e)
(h) After a final determination that a patient is a sexually dangerous person or sexual psychopathic personality, the court shall order commitment for an indeterminate period of time and the patient shall be transferred, provisionally discharged, or discharged, only as provided in this section.Sec. 4.� Minnesota Statutes 2012, section 253B.185, is amended by adding a subdivision to read:
Subd. 1c.� Strict
and intensive supervision and treatment.�
(a) If a specific plan for strict and intensive supervision and
treatment is proposed in the disposition report or by the committed person, the
court shall commit the person to strict and intensive supervision and
treatment, unless the petitioner proves by a preponderance of the evidence that
the plan is not sufficient to meet the person's treatment needs or the
requirements of public safety.� If no
specific plan is presented, or if the court determines that no plan that is
proposed is sufficient, the court shall commit the person to a secure treatment
facility.
(b) If the court finds that strict and
intensive supervision and treatment is appropriate, the court shall notify the
Minnesota sex offender program, which must prepare a plan that identifies the
treatment and services for the patient, including recommendations regarding the
conditions of strict and intensive supervision and treatment.� The plan must be presented to the court for
its approval within 60 days after the court finds that strict and intensive
supervision and treatment is appropriate, unless the program or the patient
requests additional time to develop the plan and the court determines there is
good cause to allow an extension for a specified period.
(c) An order for strict and intensive
supervision and treatment places the patient in the custody and control of the
commissioner of human services for the provision of treatment, services, and
supervision under the Minnesota sex offender program and the patient is subject
to the conditions set by the court and the program, which must ensure the
safety of the public while meeting the treatment needs of the civilly committed
patient.
(d) If the program determines that a
patient under this subdivision has violated a condition under paragraph (c) or
is exhibiting behavior that may be dangerous to self or others or that the
interests of public safety require that strict and intensive supervision and
treatment placement be revoked, the program may, using the procedures in
subdivisions 15, paragraphs (b) and (c); and 16, revoke the patient's placement
on strict and intensive supervision and treatment and place the patient in a
secure treatment facility.� The patient
may appeal the revocation using the procedures in section 253B.185, subdivision
17, except that appeal is to the committing court.� If the committing court determines that a
condition of the strict and intensive supervision and treatment placement has
been violated or that the safety of the patient or others requires that the
strict and intensive supervision and treatment placement be revoked, the court
shall affirm the revocation of the strict and intensive supervision and
treatment placement and order an appropriate commitment placement under this
section.� The court may also, after
notice to the parties and opportunity for hearing, reinstate the person on
strict and intensive supervision under modified conditions the court determines
are sufficient to satisfy the person's treatment needs and the requirements of
public safety.� If the court finds there
was no violation and that the safety of the committed person or others does not
require that the strict and intensive supervision be revoked, it shall reverse
the revocation and order that the strict and intensive supervision placement be
reinstated.
(e) This subdivision does not affect or
replace any applicable registration requirements under section 243.166 or
notice requirements under sections 244.052 and 244.053.
Sec. 5.� Minnesota Statutes 2012, section 253B.185, is amended by adding a subdivision to read:
Subd. 9a.� Biennial
review.� (a) Within 24 months
after the date of the disposition order under subdivision 1c, paragraph (a),
and after that time at least once each 24 months, the commissioner shall
arrange for an examination of the committed person.� The director of the evaluation unit under
subdivision 9b shall appoint an examiner to perform the examination.� The director shall establish procedures to
provide that the committed person will have a role in choosing the examiner
from the evaluation unit to conduct the examination, by objecting to a
particular examiner or
using another method adopted by
the director.� The director shall
establish procedures to allow the committed person to retain an additional
examiner at the person's expense or to request the appointment of an additional
examiner by the judicial appeal panel.� Compensation
for an appointed examiner who is not part of the evaluation unit shall be
determined by the judicial appeal panel.
(b) An
examiner conducting an examination under paragraph (a) shall prepare a written
report of the examination no later than 30 days after the date of the
examination.� The report must examine and
assess the patient's:
(1) progress toward treatment goals;
(2) risk to the public; and
(3) suitability for an alternative placement
that balances the patient's continued treatment needs and public safety.� The examiner shall provide a copy of the
report to the county attorneys of the committing county and the county of
financial responsibility, the commissioner, and the judicial appeal panel.
(c) Notwithstanding paragraph (a), the
judicial appeal panel may order an examination of the person at any time during
the period in which the person is subject to the commitment order.� The examination must be conducted pursuant to
this subdivision.
(d) At any examination under paragraph
(a), the executive clinical director of the Minnesota sex offender program
shall prepare a treatment progress report.�
The executive clinical director shall provide a copy of the treatment
progress report to the commissioner.� The
treatment progress report must consider all of the following:
(1) the specific factors associated with
the person's risk for committing another sexually violent offense;
(2) whether the person has made
significant progress in treatment or has refused treatment;
(3) the ongoing treatment needs of the
person; and
(4) any specialized needs or conditions
associated with the person that must be considered in future treatment
planning.
(e) Examiners under paragraph (a) and the
executive clinical director under paragraph (d) must have reasonable access to
the person for purposes of examination, to the person's past and present
treatment and supervision records, and to the person's health care records.
(f) The commissioner shall submit a
biennial report comprised of the examination report under paragraph (a) and the
treatment progress report under paragraph (d) to the judicial appeal panel.� A copy of the biennial report must be placed
in the person's treatment records.� The
commissioner shall provide a copy of the biennial report to the patient and the
county attorneys of the committing county and the county of financial
responsibility.� The panel shall provide
a copy of the biennial report to the patient's attorney as soon as the attorney
is retained or appointed.
(g) If a person committed under this
section is incarcerated for a new criminal charge or conviction, any reporting
requirement under paragraph (a), (d), or (f) does not apply during the
incarceration period.� The judicial
appeal panel may order an examination of the person under paragraph (c) if the
panel finds an examination is necessary.�
The required reports are due 24 months after the person is returned to
the custody and control of the commissioner of human services under the
Minnesota sex offender program.
(h) Failure to complete or file any
required report within the specified time period does not affect the validity
of the person's continuing commitment.
Sec. 6.� Minnesota Statutes 2012, section 253B.185, is amended by adding a subdivision to read:
Subd. 9b.� Evaluation
unit for biennial reviews.� The
commissioner shall create an evaluation unit to perform the periodic reviews
provided by subdivision 9a, paragraph (a).�
The commissioner shall designate a person as the director of the unit
for purposes of that provision, and shall employ a sufficient number of
qualified persons to perform the examinations.�
Such persons must meet the definition of "examiner" in section
253B.02, subdivision 7, clause (1) or (2), and must have specific training in
evaluating risk of re-offense among sex offenders and have experience in the
treatment, diagnosis, or management of sex offenders.� The commissioner shall provide training for
the examiners to ensure the quality and promote the uniformity of the
examinations.� The training shall include
risk assessment, evaluation of efficacy and progress in sex offender treatment,
types of strict and intensive supervision and treatment options available, the
supervision that would be available to persons placed on strict and intensive
supervision and treatment, and other matters determined appropriate by the
commissioner.� Members of the evaluation
unit must be free to exercise independent professional judgment without
pressure or retaliation for the exercise of that judgment from any source.
Sec. 7.� Minnesota Statutes 2012, section 253B.185, subdivision 10, is amended to read:
Subd. 10.� Victim notification of petition and release; right to submit statement.� (a) As used in this subdivision:
(1) "crime" has the meaning given to "violent crime" in section 609.1095, and includes criminal sexual conduct in the fifth degree and offenses within the definition of "crime against the person" in section 253B.02, subdivision 4a, and also includes offenses listed in section 253B.02, subdivision 7a, paragraph (b), regardless of whether they are sexually motivated;
(2) "victim" means a person who has incurred loss or harm as a result of a crime, the behavior for which forms the basis for a commitment under this section or section 253B.18; and
(3) "convicted" and "conviction" have the meanings given in section 609.02, subdivision 5, and also include juvenile court adjudications, findings under Minnesota Rules of Criminal Procedure, rule 20.02, that the elements of a crime have been proved, and findings in commitment cases under this section or section 253B.18, that an act or acts constituting a crime occurred.
(b) A county attorney who files a petition to commit a person under this section shall make a reasonable effort to provide prompt notice of filing the petition to any victim of a crime for which the person was convicted.� In addition, the county attorney shall make a reasonable effort to promptly notify the victim of the resolution of the petition.
(c) Before provisionally discharging,
discharging, granting pass-eligible status, approving a pass plan, or
otherwise permanently or temporarily releasing a person committed under this
section from a treatment facility, the head of the treatment facility shall
make a reasonable effort to notify any victim of a crime for which the person
was convicted that the person may be discharged or released and that the victim
has a right to submit a written statement regarding decisions of the head of
the treatment facility or designee, or special review board, judicial
appeal panel with respect to the person.�
To the extent possible, the notice must be provided at least 14 days
before any special review board judicial appeal panel hearing or
before a determination on a pass plan.�
Notwithstanding section 611A.06, subdivision 4, the commissioner shall
provide the judicial appeal panel with victim information in order to comply
with the provisions of this section.� The
judicial appeal panel shall ensure that the data on victims remains private as
provided for in section 611A.06, subdivision 4.
(d) This subdivision applies only to victims who have requested notification through the Department of Corrections electronic victim notification system, or by contacting, in writing, the county attorney in the county where the conviction for the crime occurred or where the civil commitment was filed or, following commitment, the
head of the treatment facility.� A request for notice under this subdivision received by the commissioner of corrections through the Department of Corrections electronic victim notification system shall be promptly forwarded to the prosecutorial authority with jurisdiction over the offense to which the notice relates or, following commitment, the head of the treatment facility.� A county attorney who receives a request for notification under this paragraph following commitment shall promptly forward the request to the commissioner of human services.
(e) Rights under this subdivision are in addition to rights available to a victim under chapter 611A.� This provision does not give a victim all the rights of a "notified person" or a person "entitled to statutory notice" under subdivision 12 or 13 or section 253B.18, subdivision 4a, 4b, or 5.
Sec. 8.� Minnesota Statutes 2012, section 253B.185, subdivision 11, is amended to read:
Subd. 11.� Transfer.� (a) A patient who is committed as a
sexually dangerous person or sexual psychopathic personality shall not be
transferred out of a secure treatment facility unless it appears to the
satisfaction of the judicial appeal panel, after a hearing and
recommendation by a majority of the special review board, that the transfer
is appropriate.� Transfer may be to other
treatment programs under the commissioner's control.
(b) The following factors must be considered in determining whether a transfer is appropriate:
(1) the person's clinical progress and present treatment needs;
(2) the need for security to accomplish continuing treatment;
(3) the need for continued institutionalization;
(4) which facility can best meet the person's needs; and
(5) whether transfer can be accomplished with a reasonable degree of safety for the public.
Sec. 9.� Minnesota Statutes 2012, section 253B.185, subdivision 11a, is amended to read:
Subd. 11a.� Transfer; voluntary readmission to a secure facility.� (a) After a patient has been transferred out of a secure facility pursuant to subdivision 11 and with the consent of the executive director of the Minnesota sex offender program, a patient may voluntarily return to a secure facility operated by the Minnesota sex offender program for a period of up to 60 days.
(b) If the patient is not returned to the facility to which the patient was originally transferred pursuant to subdivision 11 within 60 days of being readmitted to a secure facility, the transfer is revoked and the patient shall remain in a secure facility.� The patient shall immediately be notified in writing of the revocation.
(c) Within 15 days of receiving notice of
the revocation, the patient may petition the special review board judicial
appeal panel for a review of the revocation.� The special review board judicial
appeal panel shall review the circumstances of the revocation and shall recommend
to the judicial appeal panel determine whether or not the revocation
shall be upheld.� The special review
board judicial appeal panel may also recommend order a
new transfer at the time of the revocation hearing.
(d) If the transfer has not been revoked and
the patient is to be returned to the facility to which the patient was
originally transferred pursuant to subdivision 11, with no substantive change
to the conditions of the transfer ordered pursuant to subdivision 11, no action
by the special review board or judicial appeal panel is required.
Sec. 10.� Minnesota Statutes 2012, section 253B.185, subdivision 11b, is amended to read:
Subd. 11b.� Transfer;
revocation.� (a) The executive
director of the Minnesota sex offender program or designee may revoke a transfer
made pursuant to subdivision 11 and require a patient to return to a secure
treatment facility if:
(1) remaining in a nonsecure setting will not provide a reasonable degree of safety to the patient or others; or
(2) the patient has regressed in clinical progress so that the facility to which the patient was transferred is no longer sufficient to meet the patient's needs.
(b) Upon
the revocation of the transfer, the patient shall be immediately returned to a
secure treatment facility.� A report
documenting reasons for revocation shall be issued by the executive director or
designee within seven days after the patient is returned to the secure
treatment facility.� Advance notice to
the patient of the revocation is not required.
(c) The patient must be provided a copy of the revocation report and informed, orally and in writing, of the rights of a patient under this subdivision.� The revocation report shall be served upon the patient and the patient's counsel.� The report shall outline the specific reasons for the revocation including, but not limited to, the specific facts upon which the revocation recommendation is based.
(d) A patient whose transfer is revoked must
successfully re-petition the special review board and judicial appeal
panel prior to being transferred out of a secure facility.
(e) Any patient aggrieved by a transfer
revocation decision may petition the special review board judicial
appeal panel within seven days, exclusive of Saturdays, Sundays, and legal
holidays, after receipt of the revocation report for a review of the revocation.� The matter shall be scheduled within 30 days.� The special review board judicial
appeal panel shall review the circumstances leading to the revocation and,
after considering the factors in subdivision 11, paragraph (b), shall recommend
to the judicial appeal panel determine whether or not the revocation
shall be upheld.� The special review
board judicial appeal panel may also recommend order a
new transfer out of a secure facility at the time of the revocation hearing.
Sec. 11.� Minnesota Statutes 2012, section 253B.185, subdivision 12, is amended to read:
Subd. 12.� Provisional
discharge.� A patient who is committed
as a sexual psychopathic personality or sexually dangerous person shall not be
provisionally discharged unless it appears to the satisfaction of the judicial
appeal panel, after a hearing and a recommendation by a majority of the
special review board, that the patient is capable of making an acceptable
adjustment to open society.
The following factors are to be considered in
determining whether a provisional discharge shall be recommended granted:
(1) whether the patient's course of treatment and present mental status indicate there is no longer a need for treatment and supervision in the patient's current treatment setting; and
(2) whether the conditions of the provisional discharge plan will provide a reasonable degree of protection to the public and will enable the patient to adjust successfully to the community.
Sec. 12.� Minnesota Statutes 2012, section 253B.185, subdivision 14, is amended to read:
Subd. 14.� Provisional
discharge; review.� A provisional
discharge pursuant to this section shall not automatically terminate.� A full discharge shall occur only as provided
in subdivision 18.� The commissioner
shall notify the patient that the terms of a provisional discharge continue
unless the patient requests and is granted a change in the conditions of
provisional discharge or unless the patient petitions the special review
board judicial appeal panel for a full discharge and the discharge
is granted by the judicial appeal panel.
Sec. 13.� Minnesota Statutes 2012, section 253B.185, subdivision 14a, is amended to read:
Subd. 14a.� Provisional discharge; voluntary readmission.� (a) With the consent of the executive director of the Minnesota sex offender program, a patient may voluntarily return to the Minnesota sex offender program from provisional discharge for a period of up to 60 days.
(b) If the patient is not returned to
provisional discharge status within 60 days of being readmitted to the
Minnesota sex offender program, the provisional discharge is revoked.� The patient shall immediately be notified of
the revocation in writing.� Within 15
days of receiving notice of the revocation, the patient may request a review of
the matter before the special review board judicial appeal panel.� The special review board judicial
appeal panel shall review the circumstances of the revocation and, after
applying the standards in subdivision 15, paragraph (a), shall recommend to
the judicial appeal panel determine whether or not the revocation
shall be upheld.� The board judicial
appeal panel may recommend order a return to provisional
discharge status.
(c) If the provisional discharge has not
been revoked and the patient is to be returned to provisional discharge, the
Minnesota sex offender program is not required to petition for a further review
by the special review board judicial appeal panel unless the
patient's return to the community results in substantive change to the existing
provisional discharge plan.
Sec. 14.� Minnesota Statutes 2012, section 253B.185, subdivision 15, is amended to read:
Subd. 15.� Provisional discharge; revocation.� (a) The head of the treatment facility may revoke a provisional discharge if either of the following grounds exist:
(1) the patient has departed from the conditions of the provisional discharge plan; or
(2) the patient is exhibiting behavior which may be dangerous to self or others.
(b) The head of the treatment facility may revoke the provisional discharge and, either orally or in writing, order that the patient be immediately returned to the treatment facility.� A report documenting reasons for revocation shall be issued by the head of the treatment facility within seven days after the patient is returned to the treatment facility.� Advance notice to the patient of the revocation is not required.
(c) The patient must be provided a copy of the revocation report and informed, orally and in writing, of the rights of a patient under this section.� The revocation report shall be served upon the patient, the patient's counsel, and the designated agency.� The report shall outline the specific reasons for the revocation, including but not limited to the specific facts upon which the revocation recommendation is based.
(d) An individual who is revoked from
provisional discharge must successfully re-petition the special review board
and judicial appeal panel prior to being placed back on provisional
discharge.
Sec. 15.� Minnesota Statutes 2012, section 253B.185, subdivision 17, is amended to read:
Subd. 17.� Appeal.� Any patient aggrieved by a revocation
decision or any interested person may petition the special review board judicial
appeal panel within seven days, exclusive of Saturdays, Sundays, and legal
holidays, after receipt of the revocation report for a review of the
revocation.� The matter shall be
scheduled within 30 days.� The special
review board judicial appeal panel shall review the circumstances
leading to the revocation and shall recommend to the judicial appeal panel
determine whether or not the revocation shall be upheld.� The special review board judicial
appeal panel may also recommend order a new provisional
discharge at the time of the revocation hearing.
Sec. 16.� Minnesota Statutes 2012, section 253B.185, subdivision 18, is amended to read:
Subd. 18.� Discharge.� A patient who is committed as a sexual
psychopathic personality or sexually dangerous person shall not be discharged
unless it appears to the satisfaction of the judicial appeal panel, after a
hearing and recommendation by a majority of the special review board, that
the patient is capable of making an acceptable adjustment to open society, is
no longer dangerous to the public, and is no longer in need of inpatient
treatment and supervision.
In
determining whether a discharge shall be recommended, the special review
board and judicial appeal panel shall consider whether specific conditions
exist to provide a reasonable degree of protection to the public and to assist
the patient in adjusting to the community.�
If the desired conditions do not exist, the discharge shall not be
granted.
Sec. 17.� Minnesota Statutes 2012, section 253B.19, subdivision 2, is amended to read:
Subd. 2.� Petition; hearing.� (a) A person committed as mentally ill and dangerous to the public under section 253B.18, or the county attorney of the county from which the person was committed or the county of financial responsibility, may petition the judicial appeal panel for a rehearing and reconsideration of a decision by the commissioner under section 253B.18, subdivision 5.� The judicial appeal panel must not consider petitions for relief other than those considered by the commissioner from which the appeal is taken.� The petition must be filed with the Supreme Court within 30 days after the decision of the commissioner is signed.� The hearing must be held within 45 days of the filing of the petition unless an extension is granted for good cause.
(b) A person committed as a sexual
psychopathic personality or as a sexually dangerous person under section
253B.185, or committed as both mentally ill and dangerous to the public under
section 253B.18 and as a sexual psychopathic personality or as a sexually
dangerous person under section 253B.185; the county attorney of the county from
which the person was committed or the county of financial responsibility; or
the commissioner may petition the judicial appeal panel for a rehearing and
reconsideration of a decision of the special review board under section
253B.185, subdivision 9.� The petition
must be filed with the Supreme Court within 30 days after the decision is
mailed by the commissioner as required in section 253B.185, subdivision 9,
paragraph (f).� The hearing must be held
within 180 days of the filing of the petition unless an extension is granted
for good cause.� If no party petitions
the judicial appeal panel for a rehearing or reconsideration within 30 days,
the judicial appeal panel shall either issue an order adopting the
recommendations of the special review board or set the matter on for a hearing
pursuant to this paragraph.
(c) (b) For an appeal under
paragraph (a) or (b), the Supreme Court shall refer the petition to the
chief judge of the judicial appeal panel.�
The chief judge shall notify the patient, the county attorney of the
county of commitment, the designated agency, the commissioner, the head of the
treatment facility, any interested person, and other persons the chief judge
designates, of the time and place of the hearing on the petition.� The notice shall be given at least 14 days
prior to the date of the hearing.
(d) (c) In an appeal under
paragraph (a), any person may oppose the petition.� The patient, the patient's counsel, the
county attorney of the committing county or the county of financial
responsibility, and the commissioner shall participate as parties to the
proceeding pending before the judicial appeal panel and shall, except when
the patient is committed solely as mentally ill and dangerous, no later than 20
days before the hearing on the petition, inform the judicial appeal panel and
the opposing party in writing whether they support or oppose the petition and
provide a summary of facts in support of their position.�
(d) The judicial appeal panel may appoint examiners and may adjourn the hearing from time to time.� It shall hear and receive all relevant testimony and evidence and make a record of all proceedings.� The patient, the patient's counsel, and the county attorney of the committing county or the county of financial responsibility have the right to be present and may present and cross-examine all witnesses and offer a factual and legal basis in support of their
positions.� The petitioning party seeking discharge or
provisional discharge bears the burden of going forward with the evidence,
which means presenting a prima facie case with competent evidence to show that
the person is entitled to the requested relief.�
If the petitioning party has met this burden, the party opposing
discharge or provisional discharge bears the burden of proof by clear and
convincing evidence that the discharge or provisional discharge should be
denied.� A party seeking transfer under
section 253B.18, subdivision 6, or 253B.185, subdivision 11, must
establish by a preponderance of the evidence that the transfer is appropriate.
Sec. 18.� Minnesota Statutes 2012, section 253B.19, is amended by adding a subdivision to read:
Subd. 2a.� Receipt
of biennial report.� (a)
Within 28 days after the commissioner submits a biennial report under section
253B.185, subdivision 9a, the patient or the patient's attorney may file
supplemental written argument, affidavits, and exhibits, which must be served
on the county attorney.� Within 14 days
of the service of supplemental documents by the patient or the patient's
attorney, the county attorney of the committing county or county of financial
responsibility may file and serve a written response.
(b) Within 60 days after receiving the biennial
report, the judicial appeal panel shall determine whether to set the matter for
a hearing.� A hearing must be conducted
unless the judicial appeal panel determines that the biennial report and any
supplemental documents fail to present a prima facie case with competent
evidence that the patient is entitled to transfer out of a secure treatment
facility, a provisional discharge, or discharge from commitment.� The judicial appeal panel shall allow the
executive director to request a hearing at any time.� The judicial appeal panel may, in its
discretion, require a hearing at any time for good cause.
(c) If a hearing is ordered under
paragraph (b), the hearing must be held within 180 days after the order, unless
an extension is granted for good cause. �The
patient, the patient's counsel, and the county attorney of the committing
county or the county of financial responsibility shall participate as parties
to the proceeding pending before the judicial appeal panel and shall, no later
than 20 days before the hearing on the petition, inform the judicial appeal
panel and the opposing party in writing whether they support or oppose
transfer, provisional discharge, or discharge, and provide a summary of facts
in support of their position.� The
judicial appeal panel may appoint examiners and may adjourn the hearing from
time to time.� It shall hear and receive
all relevant testimony and evidence and make a record of all proceedings.� The patient, the patient's counsel, and the
county attorney of the committing county or the county of financial
responsibility have the right to be present and may present and cross-examine
all witnesses and offer a factual and legal basis in support of their positions.� The party opposing discharge or provisional
discharge bears the burden of proof by clear and convincing evidence that the
discharge or provisional discharge should be denied.� A party seeking transfer under section
253B.185, subdivision 11, must establish by a preponderance of the evidence
that the transfer is appropriate.
(d) The provisions of this subdivision
apply to individuals committed under section 253B.185 and individuals committed
under both sections 253B.18 and 253B.185.�
The procedures in section 253B.185, subdivision 10, for victim
notification and right to submit a statement apply to hearings under this
subdivision.� A hearing under this
subdivision is considered to be a commitment proceeding under section 8.01.
Sec. 19.� Minnesota Statutes 2012, section 253B.19, subdivision 3, is amended to read:
Subd. 3.� Decision.� A majority of the judicial appeal panel shall rule upon the petition under subdivision 2, paragraph (a), or upon the review of a biennial report or hearing under subdivision 2a.� The panel shall consider the petition de novo.� The order of the judicial appeal panel shall supersede an order of the commissioner under section 253B.18, subdivision 5.� No order of the judicial appeal panel granting a transfer, discharge or provisional discharge shall be made effective sooner than 15 days after it is issued.�
In a hearing under subdivision 2, the panel may not consider petitions for relief other than those considered by the commissioner or special review board from which the appeal is taken.� The judicial appeal panel may not grant a transfer or provisional discharge on terms or conditions that were not presented to the commissioner or the special review board.
Sec. 20.� Minnesota Statutes 2012, section 609.485, subdivision 2, is amended to read:
Subd. 2.� Acts prohibited.� Whoever does any of the following may be sentenced as provided in subdivision 4:
(1) escapes while held pursuant to a lawful arrest, in lawful custody on a charge or conviction of a crime, or while held in lawful custody on an allegation or adjudication of a delinquent act;
(2) transfers to another, who is in lawful custody on a charge or conviction of a crime, or introduces into an institution in which the latter is confined, anything usable in making such escape, with intent that it shall be so used;
(3)
having another in lawful custody on a charge or conviction of a crime,
intentionally permits the other to escape;
(4) escapes while in a facility designated under section 253B.18, subdivision 1, pursuant to a court commitment order after a finding of not guilty by reason of mental illness or mental deficiency of a crime against the person, as defined in section 253B.02, subdivision 4a.� Notwithstanding section 609.17, no person may be charged with or convicted of an attempt to commit a violation of this clause;
(5) escapes while in or under the
supervision of a facility or authority designated under section 246B.01,
subdivision 2a; 246B.02; 253B.18, subdivision 1; 253B.185, subdivision subdivisions
1, paragraph (d); and 1c; or Minnesota Statutes 1992, section 526.10;
(6) escapes while on pass status or provisional discharge according to section 253B.18 or 253B.185; or
(7) escapes while a civilly committed sex offender in the Minnesota sex offender program as defined in section 246B.01, subdivision 1a, or subject to a court hold order under section 253B.185.
For purposes of clauses (1) and (7), "escapes while held in lawful custody" or "escapes while a civilly committed sex offender in the Minnesota sex offender program" includes absconding from electronic monitoring or removing an electronic monitoring device from the person's body.
Sec. 21.� REVISOR'S
INSTRUCTION.
The revisor shall codify sections and
amendments in this act consistent with the recodification of statutory sections
providing for civil commitment of sexually dangerous persons and persons with
sexual psychopathic personalities in H. F. No. 947, if enacted
this legislative session.
Sec. 22.� REPEALER.
Minnesota Statutes 2012, section
253B.185, subdivision 9, is repealed effective August 1, 2013.
Sec. 23.� EFFECTIVE
DATE; APPLICATION; IMPLEMENTATION.
(a) Except as otherwise provided in this
section, this article is effective August 1, 2013.
(b) Sections 3 and 4 apply only to
petitions for civil commitment filed on or after August 1, 2013.
(c) Petitions for a reduction in custody
filed under Minnesota Statutes, section 253B.185, subdivision 9, before August
1, 2013, will continue to proceed under the laws and procedures in effect on
July 31, 2013.
(d) Notwithstanding the
requirements of section 5 (Minnesota Statutes, section 253B.185, subdivision
9a), the biennial report required under that section applies to patients with
pending petitions no sooner than 12 months after the final disposition of a
petition for reduction in custody that was filed before August 1, 2013.
(e) For persons civilly committed on
petitions filed before August 1, 2013, and who are otherwise eligible for a
biennial review, the commissioner may initiate the biennial review based on
either the first commitment anniversary date after August 1, 2014, or the
second anniversary date after August 1, 2014.
(f) Section 20 is effective August 1, 2013, and applies to crimes committed on or after that date."
Delete the title and insert:
"A bill for an act relating to human services; modifying provisions related to the Minnesota sex offender program; requiring a public education campaign; modifying the Civil Commitment Act; amending Minnesota Statutes 2012, sections 246B.10; 253B.18, subdivision 4c; 253B.185, subdivisions 1, 10, 11, 11a, 11b, 12, 14, 14a, 15, 17, 18, by adding subdivisions; 253B.19, subdivisions 2, 3, by adding a subdivision; 609.485, subdivision 2; repealing Minnesota Statutes 2012, section 253B.185, subdivision 9."
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Rules and Legislative Administration.
����� The
report was adopted.
Nelson from the Committee on
Government Operations to which was referred:
H. F. No. 1823, A bill
for an act relating to state government; proposing an amendment to the
Minnesota Constitution, article IV, section 9; authorizing a council to
establish salaries for legislators; changing the composition of the
Compensation Council; amending Minnesota Statutes 2012, section 15A.082,
subdivisions 1, 2, 3.
Reported the same back with the following amendments:
Page 1, delete sections 1 and 2 and insert:
"Section 1.� CONSTITUTIONAL AMENDMENT PROPOSED.
An amendment to the Minnesota Constitution is proposed to
the people.� If the amendment is adopted,
article IV, section 9, will read:
Sec. 9.� The second-most members in the
legislature.� None of the members of the
council may be current or former legislators.�
None of the members of the council may be current or former lobbyists
registered under Minnesota law.� Membership terms, removal, and compensation of
members shall be as provided by law.� The
council must prescribe salaries by March 31 of each odd-numbered year, with any
changes in salary to take effect on July 1 of that year.compensation
salary of senators and representatives shall be prescribed by law.� No increase of compensation shall take effect
during the period for which the members of the existing house of
representatives may have been elected.�
a council consisting of the following members:� one person who is not a judge from each
congressional district appointed by the chief justice of the Supreme Court, and
one member from each congressional district appointed by the governor.� If Minnesota has an odd number of
congressional districts, the governor and the chief justice must each appoint
an at-large member in addition to a member from each congressional district.� One-half of the members appointed by the
governor and one-half of the members appointed by the chief justice must belong
to the political party that has the most members in the legislature.� One-half of the members appointed by the
governor and one-half of the members appointed by the chief justice must belong
to the political party that has the
Sec. 2.� SCHEDULE AND QUESTION.
The proposed amendment must be submitted to the people at
the 2014 general election.� The question
submitted must be:
"Shall the Minnesota Constitution be amended to remove
legislators' ability to set their own salaries, and instead establish an
independent, citizens-only council to prescribe salaries for legislators?
|
Yes�� |
|
|
No��"" |
|
With the recommendation that when so amended the bill pass
and be re-referred to the Committee on Rules and Legislative Administration.
����� The
report was adopted.
����� Murphy, E., moved that the House recess
subject to the call of the Chair.� The
motion prevailed.
RECESS
RECONVENED
����� The House reconvened and was called to
order by the Speaker.
����� Anderson, P., and Slocum were excused for
the remainder of today's session.
REPORTS OF
STANDING COMMITTEES AND DIVISIONS, Continued
Murphy, E., from the Committee on Rules and Legislative Administration to which was referred:
H. F. No. 1823,
A bill for an act relating to state government; proposing an amendment to the
Minnesota Constitution, article IV, section 9; authorizing a council to
establish salaries for legislators; changing the composition of the
Compensation Council; amending Minnesota Statutes 2012, section 15A.082,
subdivisions 1, 2, 3.
Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Ways and Means.
Joint Rule 2.03 has been waived for any subsequent committee action on this bill.
����� The
report was adopted.
���������� Davids was excused for the remainder of today's session.
MESSAGES FROM THE SENATE
����� The
following messages were received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:�
H. F. No. 1054, A bill for an act relating to marriage; providing for civil marriage between two persons; providing for exemptions and protections based on religious association; amending Minnesota Statutes 2012, sections 363A.26; 517.01; 517.03, subdivision 1; 517.08, subdivision 1a; 517.09; 518.07; proposing coding for new law in Minnesota Statutes, chapter 517.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:�
H. F. No. 1444, A bill for an act relating to government finance; appropriating money for transportation, Metropolitan Council, and public safety activities and programs; providing for fund transfers, tort claims, and certain contingent appropriations; modifying various provisions related to transportation finance and policy; making technical and clarifying changes; amending Minnesota Statutes 2012, sections 161.20, subdivision 3; 161.44, by adding a subdivision; 168A.01, subdivision 6a; 171.05, subdivision 2, by adding a subdivision; 171.061, subdivision 4; 174.40, by adding a subdivision; 219.1651; 299E.01, subdivisions 2, 3; 398A.10, by adding a subdivision; Laws 2009, chapter 9, section 1; proposing coding for new law in Minnesota Statutes, chapters 161; 174; repealing Minnesota Statutes 2012, sections 161.04, subdivision 6; 174.285, subdivision 8.
The Senate has appointed as such committee:
Senators Dibble, Jensen, Kent, Champion and Carlson.
Said House File is herewith returned to the House.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
����� I hereby announce the passage by the
Senate of the following House File, herewith returned, as amended by the
Senate, in which amendments the concurrence of the House is respectfully
requested:
����� H. F. No. 461, A bill for
an act relating to natural resources; requiring general permit for mechanical
control of certain cattails.
JoAnne M. Zoff,
Secretary of the Senate
CONCURRENCE AND REPASSAGE
����� Benson, J., moved that the House concur in
the Senate amendments to H. F. No. 461 and that the bill be
repassed as amended by the Senate.� The
motion prevailed.
����� H. F. No. 461, A bill for
an act relating to natural resources; requiring general permit for mechanical
control of certain cattails.
����� The bill was read for the third time, as
amended by the Senate, and placed upon its repassage.
����� The question was taken on the repassage of
the bill and the roll was called. �� There
were 108 yeas and 20 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Allen
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davnie
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Fabian
Falk
Faust
Fischer
Freiberg
Fritz
Green
Gruenhagen
Gunther
Halverson
Hamilton
Hansen
Hausman
Hilstrom
Hoppe
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Persell
Petersburg
Poppe
Pugh
Radinovich
Rosenthal
Runbeck
Savick
Sawatzky
Schoen
Schomacker
Selcer
Simon
Simonson
Sundin
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk. Thissen
����� Those who voted in the negative were:
Albright
Anderson, M.
Dean, M.
Erickson, S.
FitzSimmons
Garofalo
Hackbarth
Hertaus
Holberg
Howe
Johnson, B.
Kresha
Lohmer
Newberger
Peppin
Quam
Sanders
Scott
Swedzinski
Wills
����� The bill was repassed, as amended by the
Senate, and its title agreed to.
Mr. Speaker:
����� I hereby announce the passage by the
Senate of the following House File, herewith returned, as amended by the
Senate, in which amendments the concurrence of the House is respectfully
requested:
H. F. No. 580, A
bill for an act relating to state government; regulating data protection for
victims of violence; amending Minnesota Statutes 2012, sections 5B.02; 5B.03,
subdivision 1; 5B.04; 5B.05; 5B.07, subdivision 1; 5B.10, by adding a
subdivision; 13.82, subdivision 24; proposing coding for new law in Minnesota
Statutes, chapter 13.
JoAnne M. Zoff,
Secretary of the Senate
CONCURRENCE
AND REPASSAGE
����� Simon moved that the House concur in the
Senate amendments to H. F. No. 580 and that the bill be repassed
as amended by the Senate.� The motion
prevailed.
����� H. F. No. 580, A bill for
an act relating to state government; regulating data protection for victims of
violence; amending Minnesota Statutes 2012, sections 5B.02; 5B.03, subdivision
1; 5B.04; 5B.05; 5B.07, subdivision 1; 13.82, subdivision 24; proposing coding
for new law in Minnesota Statutes, chapter 13.
����� The bill was read for the third time, as
amended by the Senate, and placed upon its repassage.
����� The question was taken on the repassage of
the bill and the roll was called.� There
were 128 yeas and 0 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Albright
Allen
Anderson, M.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
FitzSimmons
Freiberg
Fritz
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk. Thissen
����� The bill was repassed, as amended by the
Senate, and its title agreed to.
����� Kelly was excused between the hours of
2:50 p.m. and 5:30 a.m.
Mr. Speaker:
����� I hereby announce the passage by the
Senate of the following House File, herewith returned, as amended by the
Senate, in which amendments the concurrence of the House is respectfully
requested:
����� H. F. No. 1069,
A bill for an act relating to state government; ratifying labor agreements and
compensation plans.
JoAnne M. Zoff,
Secretary of the Senate
CONCURRENCE
AND REPASSAGE
����� Lillie moved that the House concur in the
Senate amendments to H. F. No. 1069 and that the bill be
repassed as amended by the Senate.
����� A roll call was requested and properly
seconded.
����� The Speaker called Hortman to the Chair.
����� Peppin moved that the House refuse to
concur in the Senate amendments to H. F. No. 1069, that the
Speaker appoint a Conference Committee of 5 members of the House, and that the
House requests that a like committee be appointed by the Senate to confer on
the disagreeing votes of the two houses.
����� A roll call was requested and properly
seconded.
����� The question was taken on the Peppin
motion and the roll was called.� There
were 57 yeas and 73 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Albright
Anderson, M.
Anderson, S.
Barrett
Beard
Benson, M.
Daudt
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Hilstrom
Holberg
Hoppe
Howe
Johnson, B.
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
����� Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
FitzSimmons
Freiberg
Fritz
Halverson
Hansen
Hausman
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson,
S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
����� The
motion did not prevail.
����� The question recurred on the Lillie motion
and the roll was called.� There were 80
yeas and 50 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Gunther
Halverson
Hamilton
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Paymar
Pelowski
Persell
Petersburg
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Sundin
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
����� Those who voted in the negative were:
Albright
Anderson, M.
Anderson, S.
Barrett
Beard
Benson, M.
Daudt
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Hackbarth
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
Myhra
Newberger
O'Driscoll
O'Neill
Peppin
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Wills
Woodard
Zellers
Zerwas
����� The motion prevailed.
����� H. F. No. 1069,
A bill for an act relating to state government; ratifying labor agreements and
compensation plans; appropriating money.
����� The bill was read for the third time, as
amended by the Senate, and placed upon its repassage.
���������� The question was taken on the repassage of the bill and
the roll was called.� There were 77 yeas
and 52 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Gunther
Halverson
Hamilton
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Sundin
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
����� Those who voted in the negative were:
Albright
Anderson, M.
Anderson, S.
Barrett
Beard
Benson, M.
Daudt
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Hackbarth
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Wills
Woodard
Zellers
Zerwas
����� The bill was repassed, as amended by the
Senate, and its title agreed to.
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:�
H. F. No. 1138, A bill for an act relating to the military; updating the Minnesota Code of Military Justice; providing clarifying language; amending Minnesota Statutes 2012, sections 192A.02, subdivision 1; 192A.045, subdivision 3; 192A.095; 192A.10; 192A.105; 192A.11, subdivision 1; 192A.111; 192A.13; 192A.20; 192A.235, subdivision 3; 192A.605; 192A.62; 192A.66; proposing coding for new law in Minnesota Statutes, chapter 192A; repealing Minnesota Statutes 2012, sections 192A.085; 192A.11, subdivisions 2, 3.
JoAnne M.� Zoff, Secretary of the Senate
����� Persell moved that the House recess
subject to the call of the Chair.�
MOTION TO
FIX TIME TO CONVENE
����� Daudt moved that when the House adjourns
today it adjourn until 9:00 a.m., Wednesday, May 15, 2013.�
���������� A roll call was requested and properly seconded.
����� The question was taken on the Daudt motion
and the roll was called.� There were 56
yeas and 72 nays as follows:
����� Those who voted in the affirmative were:
Abeler
Albright
Anderson, M.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Hoppe
Howe
Johnson, B.
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zerwas
����� Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
����� The motion did not prevail.
����� Winkler was excused between the hours of
3:40 p.m. and 4:40 p.m.
CALL OF
THE HOUSE
����� On the motion of Daudt and on the demand
of 10 members, a call of the House was ordered.�
The following members answered to their names:
Abeler
Albright
Anderson, M.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kieffer
Kiel
Kresha
Laine
Leidiger
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Woodard
Yarusso
Zellers
Zerwas
����� Murphy, E., moved that further proceedings
of the roll call be suspended and that the Sergeant at Arms be instructed to
bring in the absentees.� The motion
prevailed and it was so ordered.
����� The question recurred on the Persell motion
that the House recess subject to the call of the Chair.� The motion prevailed.
RECESS
RECONVENED
����� The House reconvened and was called to
order by the Speaker.
����� Garofalo was excused for the remainder of
today's session.
CALL OF THE HOUSE LIFTED
����� Murphy, E., moved that the call of the
House be lifted.� The motion prevailed
and it was so ordered.
����� Pursuant to rule 1.50, Murphy, E., moved
that the House be allowed to continue in session after 12:00 midnight.
����� A roll call was requested and properly
seconded.
����� The question was taken on the Murphy, E.,
motion and the roll was called.� There
were 69 yeas and 56 nays as follows:
����� Those who voted in the affirmative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
����� Those who voted in the negative were:
Abeler
Albright
Anderson, M.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Dean, M.
Dettmer
Dill
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Hoppe
Howe
Johnson, B.
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zerwas
����� The motion
prevailed.
����� Abeler was excused for the remainder of
today's session.
MESSAGES FROM THE SENATE, Continued
����� The following
message was received from the Senate:
Mr. Speaker:
����� I hereby announce the passage by the
Senate of the following House File, herewith returned, as amended by the
Senate, in which amendments the concurrence of the House is respectfully
requested:�
H. F. No. 681,
A bill for an act relating to civil actions; changing the limitation period for
civil actions involving sexual abuse; amending Minnesota Statutes 2012, section
541.073.
JoAnne
M. Zoff, Secretary
of the Senate
����� Simon moved that the House refuse to
concur in the Senate amendments to H. F. No. 681, that the
Speaker appoint a Conference Committee of 3 members of the House, and that the
House requests that a like committee be appointed by the Senate to confer on
the disagreeing votes of the two houses.�
The motion prevailed.
ANNOUNCEMENT BY THE SPEAKER
����� The Speaker announced the appointment of
the following members of the House to a Conference Committee on
H. F. No. 681:
����� Simon, Winkler and Abeler.
���������� Murphy, E., moved that the House recess subject to the call
of the Chair.� The motion prevailed.
RECESS
RECONVENED
����� The House reconvened and was called to
order by the Speaker.
����� Dill and Lenczewski were excused for the
remainder of today's session.
MESSAGES FROM
THE SENATE, Continued
����� The
following messages were received from the Senate:
Mr. Speaker:
I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:�
H. F. No. 681, A bill for an act relating to civil actions; changing the limitation period for civil actions involving sexual abuse; amending Minnesota Statutes 2012, section 541.073.
The Senate has appointed as such committee:
Senators Latz, Hoffman and Housley.
Said House File is herewith returned to the House.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
����� I hereby announce the passage by the
Senate of the following Senate Files, herewith transmitted:
����� S. F. Nos. 561, 1014 and
1272.
JoAnne M. Zoff,
Secretary of the Senate
FIRST READING OF SENATE BILLS
S. F. No. 561, A bill for an act relating to commerce; regulating building and construction contracts; prohibiting certain agreements to insure; amending Minnesota Statutes 2012, section 337.05, subdivision 1.
The bill was read for the first time.�
Atkins moved that S. F. No. 561 and H. F. No. 644, now on the General Register, be referred to the Chief Clerk for comparison.� The motion prevailed.
S. F. No. 1014, A bill for an act relating to human services; modifying provisions related to the Minnesota sex offender program; requiring a public education campaign; modifying the Civil Commitment Act; appropriating money; amending Minnesota Statutes 2012, sections 246B.10; 253B.18, subdivision 4c; 253B.185, subdivisions 1, 10, 11, 11a, 11b, 12, 14, 14a, 15, 17, 18, by adding subdivisions; 253B.19, subdivisions 2, 3, by adding a subdivision; 609.485, subdivision 2; repealing Minnesota Statutes 2012, section 253B.185, subdivision 9.
The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.�
S. F. No. 1272, A bill for an act relating to public health; establishing a healthy housing grant program; appropriating money for healthy housing grants and lead poisoning prevention activities; proposing coding for new law in Minnesota Statutes, chapter 144.
The bill was read for the first time and referred to the Committee on Health and Human Services Finance.
CALENDAR FOR THE DAY
����� S. F. No. 1006, A bill for
an act relating to lawful gambling; modifying account, record keeping, and
other regulatory provisions; amending Minnesota Statutes 2012, sections
297E.06, subdivision 4; 349.1635, subdivision 3; 349.165, subdivision 5;
349.19, subdivisions 2, 10.
����� The bill was read for the third time and
placed upon its final passage.
����� The question was taken on the passage of
the bill and the roll was called.� There
were 120 yeas and 4 nays as follows:
����� Those who voted in the affirmative were:
Albright
Allen
Anderson, M.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davnie
Dean, M.
Dehn, R.
Dettmer
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Green
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hertaus
Hilstrom
Hoppe
Hornstein
Hortman
Howe
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kiel
Kresha
Laine
Leidiger
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Pugh
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk. Thissen
���������� Those who voted in the negative were:
Benson, M.
Gruenhagen
Holberg
Quam
����� The bill was
passed and its title agreed to.
REPORT FROM THE COMMITTEE ON
RULES
AND LEGISLATIVE ADMINISTRATION
����� Murphy, E., from the Committee on Rules
and Legislative Administration, pursuant to rules 1.21 and 3.33, designated the
following bills to be placed on the Calendar for the Day for Thursday, May 16,
2013 and established a prefiling requirement for amendments offered to the
following bills:
����� H. F. Nos. 647, 392, 946
and 792.
ADJOURNMENT
����� Murphy, E., moved that when the House
adjourns today it adjourn until 9:00 a.m., Wednesday, May 15, 2013.� The motion prevailed.
����� Murphy, E., moved that the House
adjourn.� The motion prevailed, and the
Speaker declared the House stands adjourned until 9:00 a.m., Wednesday, May 15,
2013.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives