1.1Senator Mitchell moved to amend
H.F. No. 3454, as amended pursuant to Rule 45,
1.2adopted by the Senate April 15, 2024, as follows:
1.3(The text of the amended House File is identical to
S.F. No. 4429.)
1.4Page 1, after line 11, insert:
1.5 "Section 1. Minnesota Statutes 2022, section 13.02, subdivision 3a, is amended to read:
1.6 Subd. 3a.
Criminal justice agencies. "Criminal justice agencies" means all state and
1.7local prosecution authorities, all state and local law enforcement agencies, the Sentencing
1.8Guidelines Commission, the Bureau of Criminal Apprehension, the Department of
1.9Corrections,
the Minnesota National Guard, and all probation officers who are not part of
1.10the judiciary.
1.11 Sec. 2. Minnesota Statutes 2022, section 13.785, is amended to read:
1.1213.785 VETERANS OR MILITARY AFFAIRS DATA CODED ELSEWHERE.
1.13 Subdivision 1.
Scope. The sections referred to in this section are codified outside this
1.14chapter. Those sections classify veterans
or military affairs data as other than public, place
1.15restrictions on access to government data, or involve data sharing.
1.16 Subd. 2.
Department of Veterans Affairs. (a)
Certain veterans benefits and military
1.17certificates of discharge. Access to military certificates of discharge and to files pertaining
1.18to claims for certain veterans benefits is governed by section
196.08.
1.19(b)
Environmental Hazards Information and Assistance Act. Disclosure of summary
1.20data and of the identity of a veteran about whom information is received under sections
1.21196.19 to
196.26, is governed by section
196.25.
1.22 Subd. 3.
Veterans rewards and privileges; service officers. Data maintained by county
1.23veterans service officers are classified under section
197.603.
1.24 Subd. 4.
Deceased veterans data. Data relating to veterans deceased as a result of
1.25service-connected causes are classified under section
197.225.
1.26 Subd. 5.
Veterans stable housing. Data maintained for purposes of the veterans stable
1.27housing initiative is classified under section
196.081.
1.28 Subd. 6. Service member data; disclosure to adjutant general. Access to data on a
1.29service member of the military forces by the adjutant general of the Minnesota National
1.30Guard is governed by section 192.67, subdivision 2."
2.1Page 2, after line 10, insert:
2.2 "Sec. 5. Minnesota Statutes 2022, section 192.25, is amended to read:
2.3192.25 EXEMPTION FROM PROCESS; TRANSFER TO CIVIL AUTHORITIES.
2.4 Subdivision 1. Exemption from process. No member of the guard shall be arrested, or
2.5served with any summons, order, warrant or other civil process after having been ordered
2.6to any duty or while going to, attending or returning from any place to which the
member
2.7is required to go for military duty; but nothing herein shall prevent an arrest by
order of a
2.8military officer or for a felony or breach of the peace committed while not in the
actual
2.9performance of assigned duties. The articles of equipment personally owned by such
members
2.10shall be exempt from seizure or sale for debt.
2.11 Subd. 2. Transfer to civil authorities. When probable cause exists that a criminal
2.12offense, other than a crime designated as a purely military offense in section 192A.021,
has
2.13been committed by any officer or enlisted member of the military forces while on duty
2.14status other than federal duty, the officer or enlisted member may be turned over
by superior
2.15officers to the proper civil authorities of the county or municipality in which the
offense
2.16occurred for adjudication of such crime, to include imposition of pretrial restraint,
but trial
2.17and punishment by the civil authorities shall not preclude trial and additional punishment
2.18or dismissal from the service by court-martial for any military offense resulting
from the
2.19commission of said crime."
2.20Page 2, after line 31, insert:
2.21 "Sec. 7. Minnesota Statutes 2022, section 192.67, is amended to read:
2.22192.67 OFFENDERS; TRANSFER TO CIVIL AUTHORITIES; SERVICE
2.23MEMBER DATA.
2.24 Subdivision 1. Transfer to civil authorities. When any criminal offense is committed
2.25by any officer or enlisted member of the military forces while on duty status other
than
2.26federal duty, the officer or enlisted member shall be turned over by superior officers
to the
2.27proper civil authorities of the county or municipality in which the offense occurred
for
2.28punishment for such crime, but such trial and punishment by the civil authorities
shall not
2.29preclude trial and additional punishment or dismissal from the service by court-martial
for
2.30any military offense resulting from the commission of said crime.
2.31 Subd. 2.
Service member data. Notwithstanding any provision of chapter 13 or other
2.32state law, all
confidential data on individuals and private data on individuals, as defined by
3.1section 13.02, subdivisions 3 and 12, pertaining to any service member of the military
forces
3.2and maintained by any government entity, including but not limited to investigative reports
3.3and law enforcement data
, including but not limited to all data collected and defined under
3.4section
13.82 pertaining to any service member of the military forces, must be made
3.5accessible to the adjutant general of the Minnesota National Guard upon request of
the
3.6Office of the State Judge Advocate
, except for data under chapter 5B. All information, data,
3.7and records obtained under this subdivision may be accessed, copied, transmitted,
or provided
3.8to the adjutant general without a court order or request from the subject of the data
when
3.9the matter involves any officer or enlisted member of the military forces.
The adjutant
3.10general may only use data made accessible under this subdivision in support of military
3.11justice and Minnesota National Guard administrative and disciplinary actions."
3.12Page 9, after line 28, insert:
3.13 "Sec. 21. Minnesota Statutes 2022, section 609.396, is amended to read:
3.14609.396 UNAUTHORIZED PRESENCE AT CAMP RIPLEY ON MILITARY
3.15INSTALLATIONS.
3.16 Subdivision 1.
Misdemeanor. A person is guilty of a misdemeanor if the person
3.17intentionally and without
the authorization of the adjutant general
or a duly appointed
3.18commander in accordance with federal regulations enters or is present on
the Camp Ripley
3.19Military Reservation or in any campground, any military reservation, any armory, any
3.20installation, or any facility owned or controlled by the state or federal government
for
3.21military purposes.
3.22 Subd. 2.
Felony. A person is guilty of a felony and may be sentenced to not more than
3.23five years imprisonment or to payment of a fine of not more than $10,000, or both,
if:
3.24(1) the person intentionally enters or is present in an area
at the Camp Ripley Military
3.25Reservation that is posted by order of the adjutant general as restricted for weapon firing
3.26or other hazardous military activity; and
3.27(2) the person knows that doing so creates a risk of death, bodily harm, or serious
property
3.28damage."
3.29Page 16, after line 28, insert:
3.30 "Sec. 24. Laws 2023, chapter 38, article 1, section 3, subdivision 3, is amended to read:
3.31
|
Subd. 3.Veterans Health Care
|
|
90,025,000
|
|
100,797,000
|
4.1(a) The base for this appropriation in fiscal
4.2year 2026 is $93,387,000 and $94,435,000 in
4.3fiscal year 2027 and each fiscal year thereafter.
4.4(b) $88,885,000 the first year and $99,847,000
4.5the second year may be transferred to a
4.6veterans homes special revenue account in the
4.7special revenue fund in the same manner as
4.8other receipts are deposited according to
4.9Minnesota Statutes, section
198.34, and are
4.10appropriated to the commissioner of veterans
4.11affairs for the operation of veterans homes
4.12facilities and programs.
If the amount available
4.13in fiscal year 2024 is insufficient, the amount
4.14appropriated in fiscal year 2025 is available
4.15in fiscal year 2024. The base for this transfer
4.16is $92,437,000 in fiscal year 2026 and
4.17$93,485,000 in fiscal year 2027.
4.18(c) The department shall seek opportunities to
4.19maximize federal reimbursements of
4.20Medicare-eligible expenses and provide annual
4.21reports to the commissioner of management
4.22and budget on the federal Medicare
4.23reimbursements that are received. Contingent
4.24upon future federal Medicare receipts,
4.25reductions to the veterans homes' general fund
4.26appropriation may be made.
4.27(d) $400,000 each year is for the department
4.28to staff Veteran Community Health Navigators
4.29in community-based hospitals.
4.30(e) $190,000 the first year is for the working
4.31group established under article 2, section 8."
4.32Renumber the sections in sequence and correct the internal references
4.33Amend the title accordingly
4.34The motion prevailed. #did not prevail. So the amendment was #not adopted.